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

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

Vol. 164 WASHINGTON, WEDNESDAY, MAY 16, 2018 No. 80 House of Representatives The House met at 10 a.m. and was them. Or maybe they just discuss their Some speculate that being called to order by the Speaker pro tem- mutual admiration for Russian dic- unapologetic is just the President’s pore (Mr. HIGGINS of Louisiana). tator Putin. brand. He is brash, and he says mean f We can be reasonably sure that nei- things and doesn’t back down because ther of them spends too much time dis- doing so would make him look weak, DESIGNATION OF SPEAKER PRO cussing things they have done for and revealing his weakness in public is TEMPORE which they are ashamed or things they clearly among the President’s greatest The SPEAKER pro tempore laid behave done or said for which they should fears. fore the House the following commu- apologize. The President and his late night nication from the Speaker: All of that blathering this past week phone buddy, Sean Hannity, remem- WASHINGTON, DC, about whether the White House or the ber? They complained about the last May 16, 2018. President would apologize for com- President being too apologetic. I hereby appoint the Honorable CLAY HIG- ments by a White House staffer about a But looking tough to cover up a fear GINS to act as Speaker pro tempore on this gravely ill American war hero, Senator of inferiority is only one explanation day. JOHN MCCAIN, was just wasted breath, for why this President does not apolo- PAUL D. RYAN, if you ask me. In our President, we gize. He often doesn’t apologize because Speaker of the House of Representatives. have someone who does not ever apolo- he thinks he was right in the first f gize or regret something he or his staff place, like when he said there were MORNING-HOUR DEBATE has done, no matter how egregious. good people on both sides of the Nazi This week, the White House is not rally in Charlottesville where a woman The SPEAKER pro tempore. Pursu- alarmed that a senior staff made light was murdered by racist KKK extrem- ant to the order of the House of Janu- of Senator MCCAIN’s illness and life exists. ary 8, 2018, the Chair will now recog- pectancy but, rather, that the com- The President is not going to apolo- nize Members from lists submitted by ment about the former prisoner of war, gize, and not because it would make the majority and minority leaders for an American hero, was made public. him look weak in the case of Char- morning-hour debate. Clearly, someone on the White House lottesville, but because he believes The Chair will alternate recognition staff who heard the comment knew it what he said was true: Nazis and the between the parties. All time shall be was wrong—just wrong. Moreover, they rest of Americans, the same. equally allocated between the parties, recognized the comment was emblem- He will never apologize for his found- and in no event shall debate continue atic of the attitude at the White House, ing campaign sin: calling immigrants beyond 11:50 a.m. Each Member, other from the President on down, and rapists and criminals. In fact, he is bas- than the majority and minority leaders thought the Nation and the world ing a broad anti-immigration and anti- and the minority whip, shall be limited should know about it. immigrant policy agenda on the bed- to 5 minutes. But it was the leak of accurate infor- rock belief that crime and the skin f mation from inside the White House color of a person are synonymous. that raised the ire of the President, not This puts everyone around the Presi- HIGHER HOPES FOR PROFES- the fact that someone said things real- dent in a difficult position. Do they SIONALS AROUND THE PRESI- ly awful about a true American hero. point out the emperor’s nudity or do DENT We should know by now that this they praise his new suit? His chief of The SPEAKER pro tempore. The President and his henchmen do not staff, remember, was dispatched to tell Chair recognizes the gentleman from apologize: a Black Member of Congress that she Illinois (Mr. GUTIE´ RREZ) for 5 minutes. Tweeting racist videos from right- was lying about how the President Mr. GUTIE´ RREZ. Mr. Speaker, we wing British groups? Nah, no apology. treated a soldier killed in action until can only imagine what the President Booting able-bodied Americans who the chief of staff was shown to be lying, and Sean Hannity talk about every want to serve their country out of the himself, about what the Congress- night on the phone. The two TV hosts military because they are transgender? woman said. have a lot to discuss, I am sure. Not even. In the end, the American people Maybe they talk about their mutual Bragging about sexually assaulting knew what they were getting with this lawyer, Michael Cohen, and what he women by grabbing their private parts? President, and a minority—not the ma- might or might not have in his files Well, he came close to apologizing, but jority of Americans, but a minority— that could incriminate one or both of not really. still elected him to the White House

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

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VerDate Sep 11 2014 01:20 May 17, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.000 H16MYPT1 H3982 CONGRESSIONAL RECORD — HOUSE May 16, 2018 anyway. But the American people are hostage of the Iranian regime. Nizar dependent, in large degree, on our abil- learning important lessons about the has gone on hunger strikes about a ity to produce more food than we can President’s enablers at the three most dozen times since first being detained consume; and, therefore, trade becomes important branches of the Republican in 2015. very important. Party: at the White House, in the Con- I am sure, Mr. Speaker, that the Ira- American agriculture needs a farm gress, and at FOX News. nian regime used the news of the freed bill that supports and promotes not We know the President doesn’t lose Americans from North Korea as a only trade, but, now perhaps more than sleep wrestling with the moral implica- means to torture their hostages. The ever with looming escalation of a trade tions of his behavior, but all of us had mental, physical, and psychological war sparked by the administration’s ef- higher hopes for the professionals abuse that these individuals must be forts with steel and aluminum, we see around the President—expectations undergoing is beyond comprehension. tariffs taking place on a host of prod- which were apparently too high, in- The White House has said that this is ucts grown in the Midwest—sorghum, deed. a priority: to release all unjustly de- corn, and wheat—and in California po- One thing is sure: this country owes tained persons in Iran—not just Amer- tential increases in beef and pistachios a great debt to Senator JOHN MCCAIN, ican citizens and U.S. legal permanent and almonds. So that doesn’t fare well. and our thoughts and prayers are with residents, but all foreigners who are This version of the farm bill also does him, even if the President’s thoughts unjustly detained. not adequately support the dairy safe- are somewhere else. President Trump spoke about how ty net. Of course, our dairy economy is The SPEAKER pro tempore. Mem- this would not happen if he were Presi- big throughout the Midwest and in bers are reminded to refrain from en- dent, so it is time for President Trump California, actually, the largest dairy gaging in personalities toward the to make that a reality. He can start by State in the Nation. Nor does it do President. urging our European friends, some of enough for our specialty crop farmers f whom have citizens detained in Iran as who grow the fresh fruits and vegeta- well, to make this more of a priority bles that are a part of a healthy diet. IRAN HOSTAGES for them as well and to condition any California grows half of the Nation’s The SPEAKER pro tempore. The further talk on the release of all pris- fruits and vegetables. Chair recognizes the gentlewoman from oners. We have to increase the pressure This bill also proposes to make Florida (Ms. ROS-LEHTINEN) for 5 min- using all levers that we have, and we changes to the Supplemental Nutrition utes. have to bring these brave individuals Assistance Program, otherwise known Ms. ROS-LEHTINEN. Mr. Speaker, home. as SNAP, which will likely devastate last week all Americans were relieved I was pleased to see President Trump parts of the food program that are when three of our own citizens were re- announce his intent to appoint a spe- working well. This, after all, is Amer- leased and returned home from North cial Presidential Envoy for Hostage Af- ica’s safety net, and we have a lot of Korea. We are happy for them, for their fairs earlier this week. This is a posi- not only children and elderly, but peo- families, and we rejoice in their reuni- tive first step, Mr. Speaker. It signals ple who are disabled who depend and fication. an intent to make a more concerted ef- rely on these important food nutrition However, Mr. Speaker, this success fort to bring these Americans home. programs. only serves as a reminder that we have For the sake of Nizar and his family, We do all believe that able-bodied American citizens and legal permanent for the sake of Baquer and Siamak and people should be working, and all of us residents being unjustly detained else- their families, for the sake of Bob have the same goal in ensuring that where around the world, particularly in Levinson and his family, and for the those able-bodied people are self-suffi- Iran. We know that the Iranian regime sake of Princeton graduate student cient. If we want people to become self- has played this game of detaining citi- Xiyue Wang and his family, and for all reliant, let’s give them a SNAP pro- zens from the U.S. and Western nations the Americans and other foreigners gram that does just that. in an effort to get political and finan- being held in Iran, we need to make We have 10 pilot projects in 10 dif- cial concessions from us. They hold this a priority. We need to secure their ferent States that are working, and these folks hostages, use them as bar- immediate release. they are to report back next year on gaining chips, destroying lives and f what best works to get able-bodied peo- families in the process. ple working and what doesn’t work. Last year, my south Florida col- SUPPORT FOOD SECURITY FOR But this proposal in this House version league and ranking member on our sub- AMERICANS is doomed to failure, and the House committee, the Middle East and North The SPEAKER pro tempore. The CBO has scored it accordingly. Instead, Africa Subcommittee, TED DEUTCH, and Chair recognizes the gentleman from it will likely cause our SNAP edu- I held a hearing titled: ‘‘Held for Ran- California (Mr. COSTA) for 5 minutes. cation to create training programs som: The Families of Iran’s Hostages Mr. COSTA. Mr. Speaker, I rise today that will collapse, costing billions of Speak Out.’’ We heard from Doug to discuss the situation we are cur- dollars, creating a new Federal bu- Levinson, the son of Bob Levinson, who rently facing regarding the House reaucracy that was never given a has been missing in Iran since 2007—11 version of the farm bill. chance to succeed. years. Bob is the longest held civilian The House farm bill, traditionally, We should not be in this position, Mr. hostage in America’s history. He is for over 40 years, is one of the most bi- Speaker. also a constituent of TED’s, and I know partisan things that we do here in Con- Where should we be? We should be that Congressman DEUTCH has worked gress, Democrats working with Repub- working together, as we have with pre- tirelessly over the years to do what- licans throughout the various regions vious farm bills, Democrats and Repub- ever he can to bring Bob home and to of America. This is the third farm bill licans, deliberate, negotiating, and, reunite him with his family. that I have had the opportunity to par- yes, even disagreeing over ideas and ap- We also heard from other individ- ticipate in, working together. proaches, but coming together with im- uals—Babak Namazi, whose father and So where are we today? We are ex- portant compromises. brother have been unjustly detained by actly where we should not be. We are The farm bill is America’s food bill. the Iranian regime. I have met with facing a vote this week on a partisan It is also a national security item. Peo- Babak many times, and my heart just farm bill that is both, in my view, bad ple don’t think about it that way, but breaks each one of those times, espe- policy and divides us even further as a the ability to produce all for America’s cially when we hear of Americans being country. This bill does not promote or dinner table every night the most freed from North Korea while Baquer demonstrate the successful programs, I healthy, nutritious food in the world is and Siamak, his father and brother, think, necessary to strengthen our a national security issue, I believe. linger in Iran’s prison. trade in the agricultural sectors across Therefore, we must support our food And our subcommittee also heard the country. security and safety for our fellow from Omar Zakka, son of Nizar Zakka, America trades throughout the Americans. Our Nation’s food policy a U.S. legal permanent resident and world, and our agricultural economy is must feed Americans and ensure our

VerDate Sep 11 2014 01:20 May 17, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.002 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H3983 farmers, our ranchers, and our dairy ing gynecologists towards the use of haps, toward the floor being considered producers can all be successful. more precise preoperative tissue biopsy today by the Rules Committee. While we have somewhat different b 1015 methods in order to identify the women at risk. I am now awaiting a re- perspectives and different districts, we It should not serve some and abandon sponse from CDC leadership with a plan are united in the fact that this farm others, and it should not further divide of action aimed at containing what is bill does not remotely reflect the needs us as a country. likely to be a shocking epidemic of of the American public. One of the As I have said, this is the third farm undiagnosed gynecological cancers in problems is that we fail to address the bill that I have had the privilege to American women. disparate array of subsidies under the work on. We have worked through Mr. Speaker, we must stay focused farm bill, benefiting a few States, a few these differences in the past, and we on this situation in order to protect all districts, a few types of farming oper- have worked through the challenges. It women from this grave health risk. ations, and ignoring the rest. is my hope that Congress can do this NATIONAL POLICE WEEK The famous nutrition professor, Mar- again. But it will not happen if we Mr. FITZPATRICK. Mr. Speaker, ion Nestle, of NYU has written a great allow the partisan arm-twisting to ram this week is National Police Week, and essay, ‘‘The Farm Bill Drove Me In- this bad policy through the House. I am proud to recognize a member of sane,’’ dealing with her attempts to try A vote against the House version of the law enforcement community in to understand and rationalize it. the farm bill is a vote for something Bucks County, Pennsylvania, whose One of the most memorable portions better, which is the Senate version, quick thinking delivered justice to a is how she describes what an American where they are working together, tra- survivor of abuse. diet would look like if it was based on ditionally, in a bipartisan fashion— Officer Michael Marks of the Middle- the way that our farm bill subsidies are that is what we should be doing—and town Township Police Department arrayed. The diet would consist of a not engaging in these partisan games promptly and professionally inves- giant corn fritter because 78 percent of that create bad policy. tigated an allegation of abuse of a non- the farm bill resources goes to the pro- Therefore, a vote against the current verbal patient who had suffered blunt duction of industrial corn and soy, not bill on the House version is one that is force trauma. His diligence led to a fruits and vegetables, which would be a a good vote, and it is one that protects grand jury inquiry, which ultimately tiny microscopic part of that plate. our past farm policies as they have brought charges against a caretaker, There would be a little hamburger worked. A ‘‘no’’ vote is a vote for more who was later found guilty. Because of patty because that is less than 5 per- support for our farmers and for our the work of Officer Marks, this indi- cent, and there would be a little cup of families. It is demanding that Congress vidual will no longer be able to prey on milk. And she points out that that do better because we can, and we must, the defenseless members of our com- meal, based on the farm bill allocation, do better. munity. would be accompanied by a giant nap- The Senate version is currently the Mr. Speaker, I would like to person- kin because 13 percent of the farm bill version that I think, ultimately, is ally thank Officer Marks for his work is allocated to cotton subsidies. going to succeed. I look forward to con- in defending our community and send a The farm bill shortchanges the vast tinue working with our colleagues on message to all of my neighbors in Mid- majority of American farmers and the other side—Republicans and Demo- dletown Township that they are un- ranchers, who are not heavily sub- crats—who are fostering a bipartisan doubtedly safer for having him on our sidized, who produce food—the fruits, bill—Senator ROBERTS and Senator police force. vegetables, and orchard, products that STABENOW. deal with nurseries. The majority of I look forward to moving past this RECOGNIZING MAKEFIELD WOMEN’S ASSOCIATION States and the majority of farmers and version of the farm bill so that we can Mr. FITZPATRICK. Mr. Speaker, ranchers are shut out. set aside this outrageous effort in par- over the past year, women all over our There is an area of crop insurance tisan politics and get back to work on country collectively raised their voices subsidy. I will tell you, I was stunned America’s food bill, a national security and are continuing to change our cul- when I read the Statement of Adminis- issue, to be sure. ture for the better. tration Policy because they are con- Today, I would like to recognize a f cerned with two areas, one dealing group of women in our district actively with a necessary subsidy for people UNDIAGNOSED GYNECOLOGICAL working to make Bucks County, Penn- with nutrition assistance. They are CANCERS IN AMERICAN WOMEN sylvania, a better place. The Makefield afraid that a few poor people would The SPEAKER pro tempore. The Women’s Association in Yardley last have access to lower cost food through Chair recognizes the gentleman from month donated over $27,000 to local the Food Stamp program. They want Pennsylvania (Mr. FITZPATRICK) for 5 charities, including: A Woman’s Place, to crank that down, limit it, and force minutes. the Family Service Association Emer- people to work. Mr. FITZPATRICK. Mr. Speaker, I gency Homeless Shelter, the Penndel Well, if you look at the farm bill that rise today to inform the House about Community Food Pantry, Wrapping they are supporting, they are doing our team’s work on behalf of women in Presence, and the Yardley-Makefield nothing to encourage wealthy farming my district and across the Nation. Volunteer Fire Company. interests to rely less on subsidization. Last month, data from Yale Univer- Mr. Speaker, I appreciate the work of They are concerned about expanding sity gynecologists demonstrated that the Makefield Women’s Association, the subsidizes for people under the between 2 percent and 10 percent of which greatly improves the quality of SNAP program. American women undergoing gyneco- life for our community. I would espe- At the same time, we are given a logical operations end up having cially like to thank the organization’s farm bill that explodes the limits on missed cancers. It is shocking to think president, Jennifer Ketler, for her lead- the amount of subsidy that can flow to that these cancers are found only after ership and for her service. wealthy farming and ranching inter- women undergo these surgeries. These f ests, and it expands the subsidy so that missed cancers are at high risk of being nieces and nephews and cousins are eli- spread by the very surgeries these FARM BILL gible. People who aren’t working on women are undergoing to help them. The SPEAKER pro tempore. The the ranch are somehow eligible for My physician constituents, like the Chair recognizes the gentleman from Federal largesse, but they would deny Reed family, tell me that this rep- Oregon (Mr. BLUMENAUER) for 5 min- hungry people, or near hungry people, resents an unacceptable and seismic utes. low-income people, that same sort of epidemic of undiagnosed gynecological Mr. BLUMENAUER. Mr. Speaker, I benefit. cancers that are prone to spread and enjoyed listening to my colleague from There are also concerns that they upstaging with catastrophic results. California talk about his deep concerns want to crank down on the environ- Therefore, Mr. Speaker, I have asked and reservations about the farm bill mental programs; they want to make the CDC to immediately consider guid- that is slowly grinding its way, per- them more productive. Yet this farm

VerDate Sep 11 2014 00:24 May 17, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.004 H16MYPT1 H3984 CONGRESSIONAL RECORD — HOUSE May 16, 2018 bill ignores the fact that we right now the Baldwin County Sheriff’s Office in conditions and high heat, the First Dis- do not have enough money for the con- southwest Alabama. It was an eye- trict is historically home to some of servation programs to help farmers and opening experience. the worst wildfires in the country. ranchers who want to improve the en- At every single traffic stop, the depu- Earlier this month, my constituents vironment. ties had no idea what to expect. Every in rural Arizona faced off against the Only one in four grants gets funded, call was different, but each one came Tinder Fire, which spread more than some of them swallowed up by big in- with an inherent risk of the unknown. 16,000 acres before being mostly con- dustrial agricultural interests that Despite the uncertainty, the deputies tained. It could have been far worse. could afford to take care of their own always conducted themselves with re- I rise today to commend the hun- environmental problems. But more spect and professionalism. dreds of brave first responders, commu- telling is that they allow payment for Whether it is a routine traffic stop or nity leaders in Arizona and across the things that don’t even improve the en- responding to a domestic call, these of- West, public safety officials, who vironment. ficers have no idea how their encoun- worked tirelessly over the past 3 weeks Why allow large agribusiness to com- ters will turn out. There is always the to contain the fire and protect resi- pete for scarce environmental funding risk their interaction on the job can dents and their homes. for things like hog lagoons and fences. turn hostile and, in some cases, even It was their quick thinking and ex- That is the cost of doing business. That deadly. pert training that prevented this fire doesn’t improve the environment. National Police Week is also an op- from spreading even further and de- Mr. Speaker, I have introduced legis- portunity to honor the heroes who have stroying hundreds of homes. lation that would correct this in terms lost their lives while serving our com- The fire, which was reported on April of cutting down, capping, and con- munities. In 2017, 136 officers were 27 by Coconino Forest officials, and be- taining unnecessary subsidies; reducing killed in the line of duty. Already this fore the fire even reached 50 acres on overly generous crop insurance; and year, 54 officers have lost their lives the second day, the decision was made making conservation programs per- while serving our communities. Sadly, to bring in the Type 1 Southwest Area formance driven. I hope the day will one of these deaths occurred in my Incident Management Team to oversee come when we might be able to debate home State of Alabama earlier this the firefighting efforts and safety ef- something like that on the floor of the year. forts. House. Mobile Police Officer Justin Billa This is unheard of for fires of this f paid the ultimate sacrifice when he was size, but it turns out that it was the NATIONAL POLICE WEEK shot and killed while responding to a right call. The SPEAKER pro tempore. The domestic violence call on February 20. The Type 1 IMT team was able to set Chair recognizes the gentleman from At just 27 years old, Officer Billa left up a strong line of defense and get hot- shots and firefighting crews on the Alabama (Mr. BYRNE) for 5 minutes. behind a loving wife, Erin, and a 1- Mr. BYRNE. Mr. Speaker, I rise this year-old son, Taylor. ground to save hundreds of homes, morning, during National Police Week, In such a time of immense grief, we ranches, and lives. to recognize and remember the men saw the city of Mobile rally together to This was not the only proactive and women in blue, who protect and support the family and friends of fallen measure that was taken during the serve our local communities each and Officer Billa. You see, these officers are early stages of the fire, Mr. Speaker. every day. much more than enforcers of the law; During my visit to the Type 1 inci- Law enforcement officers leave the they are an integral part of the com- dent command center earlier this safety of their homes each day not munity. month and to the fire site, the team knowing if they will pass back through Mr. Speaker, I loved seeing the com- shared with me their work. I have to their own front doors when their day is munity wrap Officer Billa’s family up extend my sincerest gratitude to the done. They leave their families behind in a shield of prayer and love, but we Coconino National Forest, Coconino to ensure the safety of our loved ones shouldn’t just do that when we lose an County Sheriff’s Office, and the county at schools, in neighborhoods, and on officer, and we shouldn’t just do it dur- staff in their work. roadways. These individuals are true ing National Police Week. Each and They saw the dry conditions in the public servants who answer the call every day, we should show our deep ap- area, they saw the weather report of and put their lives on the line. preciation to members of law enforce- high winds coming, and the decision to Among their many roles in the comment, at every level, who put their evacuate residents was made before the munity, law enforcement officers serve lives on the line so that we can live in fire grew to a significant size. It was as role models for our children, keep safe communities. May we not forget made correctly. the peace in our neighborhoods, direct that we get to lay our heads down on They made this decision as that fire traffic for football games, and are the our pillows at night feeling safe be- moved towards large subdivisions, and first to respond when help is needed. cause of the brave men and women out it was moving at a rate of 3 miles in 1.5 Far too often we take their services for there patrolling the streets. hours. The wind speeds were up to 50 granted. Mr. Speaker, as we observe National miles an hour. This week, I am proud that the House Police Week, I can think of no better This contributed to one of the is taking up a number of important way to show appreciation for our men smoothest evacuation efforts these bills to support our local law enforce- and women in blue than encourage teams have ever seen, and it made a ment. From legislation to prevent at- every American to take the time to say difference. It saved lives. tacks on our officers to providing fund- ‘‘thank you’’ to your local law enforce- My team worked with local county ing for additional resources, we are ment officers. May their sacrifices and State officials to deliver informa- working to ensure that these dedicated never be forgotten. tion and resources to those who were individuals have the tools they need to evacuated to the centers. do their jobs and keep us safe. f In addition to the more than 800 per- See, our law enforcement officers are b 1030 sonnel on the ground, I want to thank heroes who put their lives on the line the communities who stepped up to each day to keep our citizens from TINDER FIRE help from all across the Western harm’s way. National Police Week is a The SPEAKER pro tempore. The United States and from all across Ari- time for us to stop and show our appre- Chair recognizes the gentleman from zona. In both Coconino and Navajo ciation to these heroes for all that they Arizona (Mr. O’HALLERAN) for 5 min- Counties, businesses opened up their do for our communities. Our law en- utes. doors to evacuees and their livestock forcement officers serve selflessly, fac- Mr. O’HALLERAN. Mr. Speaker, Ari- and their pets, and volunteers signed ing the many dangers of the job with zona’s First Congressional District is up to assist at evacuation shelters. courage and bravery. home to some of the most beautiful It was interesting when I visited the Mr. Speaker, I have had the oppor- forests in the country, including the site, the trees were not burned except tunity to ride along with members of Grand Canyon, but paired with the dry for underneath. The fire was moving so

VerDate Sep 11 2014 00:24 May 17, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.006 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H3985 fast, that the crown fire did not occur, MIGHT CANNOT MAKE WRONG For what purpose does the gentleman but you could see where the trees were RIGHT from Pennsylvania seek recognition? bent and the needles on the tree were The SPEAKER pro tempore. The Mr. KELLY of Pennsylvania. Mr. all pointing in the direction of the Chair recognizes the gentleman from Speaker, this type of language is not wind. Texas (Mr. AL GREEN) for 5 minutes. allowed in the people’s House, directing The fire spread out throughout and Mr. AL GREEN of Texas. Mr. Speak- it towards the Presidency. then hit those homes, and then the er, it is always an honor to stand in the Mr. AL GREEN of Texas. Mr. Speak- homes went up in fire, over 3 dozen well of the House. I consider this an exer, this type of language has been ac- homes. traordinary privilege. cepted on the floor of this House. Peo- Fighting efforts were aided by the Mr. Speaker, there are seminal mo- ple address language to the Presi- work of homeowners. These residents ments in time, moments in time that dency—— over time had personally cleared fuel, can impact the rest of time; seminal The SPEAKER pro tempore. All like small trees and underbrush, from moments, sometimes where wrong is Members will suspend. their home. They followed fire-wise placed on the throne, where might is Members are reminded to refrain community planning. used to justify wrong; seminal mo- from engaging in personalities toward Again, Mr. Speaker, I thank all of ments in time, but, Mr. Speaker, might the President. the brave men and women who worked cannot make wrong right. The gentleman may continue. to contain this fire. Might cannot make wrong right; it Mr. AL GREEN of Texas. Mr. Speak- I would advise anybody to look into can only prolong wrong. er, the Presidency is about the people. this more to understand the difficult Seminal moments in time, where It is about the people’s House. And the conditions that they have to work in: might is used to justify wrong. people have a right to address this in- 18 hours, 19 hours, 20 hours on the line, Might did not make slavery right. vidious discrimination emanating from going back to pup tents to sleep for a There were those who used false reli- the Presidency. I am not going to stand giosity to try to justify slavery. They few hours, and then going back out for it. Others may stand for it. had the might, they had the power, into the field to save lives and save You know that there is bigotry ema- they could impose their will, but might homes. Then after this fire, they will nating from the Presidency, yet you will not make wrong right. would not want me to stand here and move right on to another one. That is, Might did not make segregation sadly, the condition of our forests in right, to force people to go to separate address it. I will address it. the West. areas, to use a level of power to impose This President has exhibited a kind This fire and the prevention of loss of an indecency upon a people. Might can of bigotry that this country ought not life and death from other destruction never make wrong right. tolerate. was to be accomplished only by profes- Mr. Speaker, might has not made in- When he said that there were some s- sionals who did this in a way that vidious discrimination right. It still --hole countries as he was addressing brought honor to their service. exists today. No matter how much his immigration policy, he was putting f power we have, we will not make it his bigotry into policy. And that is right simply because we have the something we all should concern our- TENNESSEE FARMER OF THE selves with, the fact that the Presi- YEAR, JOHN VERELL, III power to try to justify it with the might that we have. dent’s policies are based upon his big- The SPEAKER pro tempore. The Finally, Mr. Speaker, might will not otry. Chair recognizes the gentleman from make bigotry emanating from the Impeachment is the remedy. Tennessee (Mr. KUSTOFF) for 5 minutes. Presidency right. It will not. The SPEAKER pro tempore. Mem- Mr. KUSTOFF of Tennessee. Mr. There are many who want to just let bers are reminded to refrain from en- Speaker, I rise today to honor John it go, let it go, the bigotry, put it be- gaging in personalities toward the Verell, III, of Madison County, Ten- hind us. President. nessee. Bigotry emanating from the Presi- f Johnny, as he is better known to his dency impacts this country. It gives friends, was named Farmer of the Year this country a stained image in the AMERICAN SUGAR by the University of Tennessee. world. The SPEAKER pro tempore. The Johnny is a third generation farmer The President represents this coun- Chair recognizes the gentleman from who began farming in 2005, 40 years try. He represents every one of us. We Louisiana (Mr. HIGGINS) for 5 minutes. after his grandfather started the fam- may differ with him, but he is the Mr. HIGGINS of Louisiana. Mr. ily business. standard-bearer. The bigotry that ema- Speaker, I rise today on behalf of the Farmers from across the State were nates from the Presidency is something American farmer. nominated for the honor by their coun- that we all have to concern ourselves Mr. Speaker, will this body recognize ty extension agents. Johnny’s commit- with. We can’t just say it is all over the heritage and culture, the sacrifice ment to land stewardship, community with, let’s let that go. of American farmers, who for genera- service, and savvy business tactics Yes, it has happened and it continues tions have provided for our country stood out among all other nominees. to happen, and might will not make it and our world. The Verells’ farm is over 5,000 acres right. I rise today in support of one of He has power, but his power is not of wheat, soybean, and corn. Johnny America’s most important agricultural going to cause his invidious and harm- commodities that supports an industry manages all the land for sustainability, ful commentaries to become right. including installing wildlife food plots, I am here today to simply say this, which produces $20 billion of domestic planting buffer strips along streams, Mr. Speaker, that while the President economic activity annually: sugar. and using best practices that reduce has the power, impeachment is the I have the honor of representing the amount of fertilizer and pesticides remedy. southwest Louisiana, where sugar con- applied to the crops. A President who has said that there tributes $3.5 billion to our State econ- He has even planted 20 acres des- were some good people among those in omy annually and employs over 16,000 ignated as pollinator habitat to help Charlottesville; a President who would hardworking Louisiana citizens. native bee populations survive and ban Muslims from the country; a Presi- Mr. Speaker, these men and women thrive. dent who has said LGBTQ persons have come into their lives embracing With the help of technology and pre- shouldn’t be in the military; a Presi- the heritage and hard work of their cision agriculture, the Verells have dent who has called the sons of some mothers, their fathers, their grand- been known to produce in excess of 300 professional athletes—called their mothers, their grandfathers. For gen- bushels per acre. mother’s dogs, SOBs; a President who erations, by the toil of their labor and That is the way things are done in has said that in—— the sweat of their brow, they have west Tennessee. The SPEAKER pro tempore (Mr. tilled the soil and raised sugar. Congratulations to Johnny, his wife, KUSTOFF of Tennessee). The gentleman The United States has historically Crissy, and their daughter, Emmi. will suspend. been a reliable supplier of high-quality,

VerDate Sep 11 2014 00:24 May 17, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.008 H16MYPT1 H3986 CONGRESSIONAL RECORD — HOUSE May 16, 2018 low-cost sugar that is used by con- Security Fellow at the Harvard Univer- outside the northeastern French town sumers domestically and internation- sity’s John F. Kennedy School of Gov- where he was stationed, and while ally. In fact, Americans on average ernment. there, he earned 28 credits. spend over 20 percent less for sugar Of his many outstanding achieve- All these years later, following a suc- than consumers in other nations, and ments during his storied career, I cessful life and career, Mr. Thomas de- manufacturers pay roughly the same would like to highlight three. cided to enroll at BC3 in order to finish price for American sugar that they did In 1999, then-Lieutenant Tobiasz was the degree he started in 1956. in the 1980s. one of only six pilots selected to pio- Mr. Thomas credits much of his aca- American sugar growers last year neer Helicopter Interdiction Squadron demic success to BC3, which has been produced 32,000 tons of sugar, 13,800 10. This successful concept led to one of rated the top community college in the tons of which came from south Lou- the most significant policy changes in Commonwealth of Pennsylvania in isiana. Coast Guard aviation history through back-to-back surveys. While sugar prices have remained the development of the aviation use of BC3 president, Dr. Nick Neupauer, is flat for the past three decades, the cost force policy and establishment of a per- beyond proud of Mr. Thomas and be- of farming has not, as equipment, fuel, manent command in Jacksonville, lieves his accomplishment is symbolic and fertilizer costs have all risen be- Florida, now responsible for armed for the entire community college. tween 90 percent to 200 percent in that counterdrug operations around the en- Now, additionally, Don Thomas re- same timeframe. tire globe. ceives an abundance of love and sup- In 2005, while serving as the oper- port and encouragement from his be- b 1045 ations officer at Coast Guard Air Sta- loved wife, Nancy; their six children; We must protect the future of Amer- tion New Orleans, Lieutenant Com- their eight grandchildren; and their ican sugar and American sugar farm- mander Tobiasz led rescue operations four great grandchildren. ers, American sugar farm families. during and immediately after Hurri- Can you imagine tonight’s gradua- Mr. Speaker, I urge all my colleagues cane Katrina ravaged the Gulf Coast, tion ceremony when he stands there to support American farmers and pass and in a 10-day period, aircrews under with all those people and receives his H.R. 2, the Agricultural and Nutrition his leadership saved over 1,400 lives. degree? Act of 2018, as amended, by the House Most recently and just last year, Now, Mr. Thomas was not a tradi- Committee on Agriculture. Captain Tobiasz was called upon again tional college student. He inevitably f to lead air rescue operations following faced obstacles along the way, but re- RECOGNIZING THE CAREER OF landfall of Hurricane Harvey over gardless of the circumstances, he never CAPTAIN TIMOTHY A. TOBIASZ Texas and Louisiana. Thanks in great abandoned his goal of earning his depart to his extraordinary coordination gree. The SPEAKER pro tempore. The and unflappable judgment, he strategi- Mr. Thomas reminds all of us that, Chair recognizes the gentleman from cally directed 53 aircraft and 415 avia- with faith, hard work, and determina- Massachusetts (Mr. KEATING) for 5 min- tion personnel for 21 different units, tion, anything is possible. Mr. Thomas utes. saving lives of over 1,700 civilians. embodies the spirit of a lifelong learner Mr. KEATING. Mr. Speaker, I rise Mr. Speaker, I join a very grateful and is a living testament to the saying: today to recognize the retirement and Nation in thanking Captain Timothy ‘‘If there is a will, there is a way.’’ many distinguished accomplishments Tobiasz and his family for their service His unwavering dedication, passion, of Captain Timothy A. Tobiasz, Com- and sacrifice, and wish them the abso- and perseverance in pursuit of his manding Officer of the United States lute very best in their next careers. dream is not only inspiring and amaz- Coast Guard Air Station Cape Cod, f ing, it is quintessentially American. It Massachusetts. is who we are as the American people. Captain Tobiasz has honorably served A TRIBUTE TO WILLIAM ‘‘DON’’ Mr. Speaker, I am so blessed to be our country with over 32 years of Ac- THOMAS able to stand on the floor of the peo- tive-Duty military service. His career The SPEAKER pro tempore (Mr. HIG- ple’s House today and congratulate Mr. began in the U.S. Army as a Black GINS of Louisiana). The Chair recog- Thomas on a job well done and count Hawk assault pilot, where he served in nizes the gentleman from Pennsylvania him as one of our district’s finest con- the 9th Cavalry Brigade, 9th Infantry (Mr. KELLY) for 5 minutes. stituents. Division ‘‘Old Reliables’’ at Fort Lewis, Mr. KELLY of Pennsylvania. Mr. Mr. Speaker, I say to Mr. Thomas: Washington. Speaker, this morning, I would like to Happy graduation day. Happy gradua- In 1991, he was accepted to the United recognize one of my constituents in tion day. States Coast Guard’s Officer Candidate Pennsylvania’s Third Congressional f School, commissioning as an ensign in District, Mr. William ‘‘Don’’ Thomas, 1992. who will make history this evening MOTHER’S DAY, GRADUATIONS, From there, he quickly rose to the when he becomes the oldest student to DREAMERS, AND PUBLIC HOUSING rank of captain, and during his 32-year ever graduate from Butler County The SPEAKER pro tempore. The military career, Captain Tobiasz Community College, also known as Chair recognizes the gentlewoman from amassed over 7,000 flight hours and BC3. Texas (Ms. JACKSON LEE) for 5 minutes. qualified in nine different aircraft, to Mr. Thomas began taking classes at Ms. JACKSON LEE. Mr. Speaker, include the MH–60 Jayhawk, MH–90 BC3 in the fall of 2010, and this evening, thank you for the opportunity to begin Hornet, HC–130 Hercules, MH–65 Dol- at 80 years old, he will proudly receive discussion on the floor for issues that, phin, and the HC–144 Ocean Sentry. an associate of arts degree in history. I think, against the backdrop of Moth- He served at Coast Guard Air Sta- Furthermore, Mr. Thomas also rep- er’s Day, the desire to be family friend- tions Clearwater, Florida; San Diego, resents the most senior graduate in the ly in this Nation, and really to answer California; HITRON–10 Kodiak, Alaska; class of 2018 among our State’s four the question of Americans: Can our New Orleans, Louisiana; Savannah, other western institutions within the government do well by them? Georgia; and Cape Cod, Massachusetts; Pennsylvania Commission for Commu- So I raise to the body how we can be and as the commanding officer of two nity Colleges. more constructive, and I do it on the bases. Now, you have got to know some- basis, as we all do, when we go home In addition to his remarkable avia- thing about Mr. Thomas. He is an Air and interact with our constituents, and tion career, Captain Tobiasz served in Force veteran who honorably served so I did as I went home this past week- the U.S. Senate as a military liaison our country as an Airman Second Class end a couple of days in the midst of the officer, as a budget and program re- with the 17th Squadron. exciting graduations that we all had a viewer at U.S. Coast Guard head- I want you to think about something. chance to go to and to make remarks, quarters, a senior military adviser to This man, while serving in France from and I want to congratulate those stu- the U.S. Northern Command/NORAD 1956 to 1959, enrolled in classes provided dents that I had the privilege of being combatant commander, and a National by the University of Maryland held and speaking at their graduations, the

VerDate Sep 11 2014 00:24 May 17, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.009 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H3987 Historically Black College Texas I certainly want the best for any that all transactions that take place in Southern University, the Lone Star country, but I do know it is important these halls today would be made with Community College, what an amazing to restore the jobs of the American spiritual wisdom resulting in the best group of graduates. There were large people, and there are many call center for all. numbers of people who are adults and American companies that would make I pray in the name of the giver of all veterans, and students who were what a great infusion of energy and dollars grace and good favor, Jesus. we call early college graduating. And in various communities across the Na- Amen. then, of course, to the system, the tion. f Houston Community College, I spoke It is important to note that the THE JOURNAL there. House Intelligence Committee report It looks like I was going to gradua- of 2012 indicated and concluded that The SPEAKER. The Chair has exam- tions and celebrating with their fami- ZTE cannot be trusted to be free of for- ined the Journal of the last day’s pro- lies. That was good. eign state influence and thus poses a ceedings and announces to the House Mr. Speaker, they were diverse, all security threat to the United States his approval thereof. Pursuant to clause 1, rule I, the Jour- backgrounds, religions. That is what and our systems. nal stands approved. Houston is all about. Well, it is odd that this President, Mr. WILSON of South Carolina. Mr. At the same time, I visited with and who has put extensive sanctions on Speaker, pursuant to clause 1, rule I, I had a press conference with a collec- Iran and North Korea, is now willing to demand a vote on agreeing to the tive body of humanitarians, Sister overlook a House Intelligence report Speaker’s approval of the Journal. Rogers, a Catholic Sister, and many indicating, of course, that ZTE cannot The SPEAKER. The question is on others, about the unfortunate cir- be trusted. the Speaker’s approval of the Journal. cumstances of where we are with the So I started, Mr. Speaker, by con- The question was taken; and the Dreamers and why we haven’t ad- gratulating my graduates, but I indi- Speaker announced that the ayes ap- dressed that question and why would cated throughout that I am baffled by peared to have it. Dreamers, who need to be statused, these policies of the administration, Mr. WILSON of South Carolina. Mr. who are lawyers and doctors, and some but I do say that I have a faith in this Speaker, I object to the vote on the are serving in public service—we had a institution, and I ask my colleagues: ground that a quorum is not present paramedic standing with us—why we Stand with me on the restoration of a and make the point of order that a can’t get them statused. Why can’t the 2-year status for TPS so we can get it quorum is not present. Nation do what is right? Why can’t the right. Let us not separate mothers The SPEAKER. Pursuant to clause 8, President stand up and work with us from their children in the immigration rule XX, further proceedings on this and sign the bill? structure, and let’s pass a Dreamers question will be postponed. And then I indicated that I am going bill, and let’s work to introduce fund- The point of no quorum is considered to introduce the restatusing of TPS ing for our public housing that exists withdrawn. statused persons, some who have been and that mothers are living in across f here for 20 years with mortgages and America. people in college, young people in col- Mr. Speaker, your kindness is appre- PLEDGE OF ALLEGIANCE lege, and to status them for 2 years to ciated. The SPEAKER. Will the gentleman allow the Congress to fix it and that f from Rhode Island (Mr. CICILLINE) their status be tied to the laws and re- come forward and lead the House in the quirements that they be in sync with RECESS Pledge of Allegiance. those who would get citizenship so The SPEAKER pro tempore. Pursu- Mr. CICILLINE led the Pledge of Al- they would not be, if you will, awry of ant to clause 12(a) of rule I, the Chair legiance as follows: the law, that they would be in step declares the House in recess until noon I pledge allegiance to the Flag of the with the law, as most of these families today. United States of America, and to the Repub- are from El Salvador, Honduras, and Accordingly (at 10 o’clock and 59 lic for which it stands, one nation under God, Haiti, and beyond. minutes a.m.), the House stood in re- indivisible, with liberty and justice for all. And then I went to stand with moth- cess. f ers at public housing and indicated to f ANNOUNCEMENT BY THE SPEAKER them that it is long overdue in all of b 1200 The SPEAKER. The Chair will enter- our communities that we introduce an tain up to 15 requests for 1-minute AFTER RECESS infrastructure bill of $150 billion to fix speeches on each side of the aisle. our public housing. Because as I was The recess having expired, the House f standing with these mothers at Cuney was called to order by the Speaker at Homes, their air conditioning was out. noon. RECOGNIZING THE 64TH ANNIVER- SARY OF BROWN V. BOARD OF But we stood there the day before f Mother’s Day to salute them and say EDUCATION PRAYER they deserve to live in quality housing. (Ms. FOXX asked and was given per- They are raising their children. Some Dr. Ted Kitchens, Christ Chapel Bible mission to address the House for 1 of their children go off to the United Church, Fort Worth, Texas, offered the minute.) States military. following prayer: Ms. FOXX. Mr. Speaker, I am hon- Finally, I think it is important to ac- Father, we praise You for allowing us ored to stand before you to recognize knowledge, Mr. Speaker, maybe this is to be the land of the free and the home the 64th anniversary of the Supreme a confused statement by the adminis- of the brave. We embrace the truth Court’s landmark decision in Brown v. tration, but I have to speak against, that we are all created in Your image. Board of Education. Because of the re- and these are my friends, we want to We all have value and purpose in this lentless courage of Linda Brown, her work internationally—I was here for life and in this country because of Your parents, and civil rights leaders, the the permanent trade agreement that love for us. abhorrent segregationist policy of was done with China—but it is impor- Your Word says: The foundation of ‘‘separate but equal’’ education came tant to know that our economy is prosperity is righteousness and that to an end. based on innovation. Why would the ‘‘when righteousness increases, the As a result, millions of children were administration support the Chinese people prosper and rejoice.’’ Would You afforded the educational opportunities firm of ZTE that our intelligence com- cause personal and national righteous- they deserve and their rightful shot at munity has taken note that they have ness to be our banner and our vision, a successful life. interfered with our innovation and our that we might know your good favor Mr. Speaker, as an educator, as a technology and suggest that he wants across our great country. lifelong learner, as chair of the Com- the Chinese workers to have their jobs Father, this House has business to do mittee on Education and the Work- again? for ‘‘we the people’’ today, and I pray force, I believe with all my heart that

VerDate Sep 11 2014 02:01 May 17, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.011 H16MYPT1 H3988 CONGRESSIONAL RECORD — HOUSE May 16, 2018 education is the key to life, liberty, His daughter Anna, 10 years old, spoke lined his plan to further line the pock- and the pursuit of happiness. at his memorial service. She said: ‘‘All ets of big drug companies and their Sixty-four years ago, the end of legal of the amazing people in the world will CEOs. segregation in public schools recog- always outnumber the criminals.’’ Democrats have A Better Deal. Our nized that inherent value as well. I Those words resonated so much that plan will fundamentally reform the honor the courage of those students Anna’s teacher helped her start a group pharmaceutical industry, will put gov- who brought about that change. called Be Amazing. They honor her ernment on the side of consumers and f dad’s memory by doing community middle class families—not giant cor- service projects. Now, how inspiring is porations—by cracking down on out- FIXING AMERICA’S that? rageous prescription drug price in- INFRASTRUCTURE Another Wisconsin story I want to creases, allowing Medicare to negotiate (Mr. KILDEE asked and was given share is that of Officer Brian Murphy lower prices for drugs, and requiring permission to address the House for 1 of the Ashwaubenon Police Depart- drug manufacturers to publicly release minute.) ment. Last July, Officer Murphy was hard data justifying any significant Mr. KILDEE. Mr. Speaker, Ameri- hit by a drunk driver on Interstate 41. price increase. cans depend on good roads and bridges He sustained a number of life-threat- This is the kind of deal the American to get to work every day and to take ening injuries. Yet, just weeks later, he people deserve: A Better Deal that will care of their families. Good infrastruc- left the hospital able to stand on his produce higher wages, lower costs, and ture drives our economy. own, surrounded by his family and fel- the tools to succeed in the 21st cen- Americans depend on water systems low officers. It probably comes as no tury—not the raw deal that the Presi- to provide clean and safe drinkable surprise to you to hear that he is back dent and the Republicans are offering water. But in this country, we have on the job. This week, Officer Murphy on prescription drugs. failed to make the necessary invest- said that the decision to return to f ments in water infrastructure, in roads work was not difficult at all. It is and bridges, in essential infrastructure about a ‘‘good sense of purpose,’’ he AMBASSADOR HALEY SPEAKS AT that is important to drive our econ- said. U.N. SECURITY COUNCIL omy. We have seen this resilience and this (Mr. WILSON of South Carolina I will work with anyone on any side devotion of duty right here in the asked and was given permission to ad- of the question on both sides of the United States Capitol. I don’t think I dress the House for 1 minute and to re- aisle to make sure that we invest in will ever tire of seeing Agents David vise and extend his remarks.) America’s infrastructure. It is what we Bailey and Crystal Griner back at their Mr. WILSON of South Carolina. Mr. need to do to grow our economy, but, posts. Speaker, yesterday, at an emergency unfortunately, what the President has As Speaker, I have had the chance to session of the U.N. Security Council, suggested really puts the burden on work very closely with the dedicated Ambassador Nikki Haley spoke truth- State and local governments, commu- professionals at the U.S. Capitol Po- fully about the horrific Hamas ter- nities like the ones I represent. My lice. It has been an incredible honor—it rorist attacks in Gaza over many years own hometown of Flint, for example, if truly has. by tunnel and firebombs using human they had the money to put into their Mr. Speaker, I know this is a very shields financed by Iran. water system to prevent the disaster challenging time for law enforcement. Ambassador Haley explained, as our that occurred, they long ago would If there is one thing that we have come President said: ‘‘The location of our have done this. We need—our commu- to recognize, it is that we must not Embassy has no bearing on the specific nities need a strong Federal partner. take any of this for granted—whether boundaries of Israeli sovereignty in Je- And the Democrats, we offer A Better it is the dangers of the men and women rusalem or the resolution of contested Deal. We have a plan to rebuild Amer- who wear the uniform and wear the borders. . . . It does not undermine the ica’s infrastructure. This is what the badge face, or the sacrifices that their prospects for peace in any way.’’ Congress ought to be doing. We ought families make, all the long nights, all ‘‘But let’s remember that the Hamas not wait for the President to offer his the holidays that they do not get to terrorist organization has been inciting suggestion. We should do the work our- spend together. We must not take any violence for years, long before the selves. It is long overdue. of it for granted. It is where our safety United States decided to move our Em- f comes from each and every single day. bassy,’’ Ambassador Haley said. ‘‘This We should consider it a privilege to is what is endangering the people of IN HONOR OF NATIONAL POLICE serve those who serve and protect us. Gaza. Make no mistake: Hamas is WEEK To all the cops on the beat and to all pleased with the results of yesterday.’’ (Mr. RYAN of Wisconsin asked and your loved ones: You do not fight The real story I saw in The Jeru- was given permission to address the alone. We are with you. We are behind salem Post is ‘‘Promises Made, Prom- House for 1 minute and to revise and you always, every day. Thank you, and ises Kept,’’ not the fake news of Hamas extend his remarks.) God bless you. sympathizers. Mr. RYAN of Wisconsin. Mr. Speaker, f In addition, last night, at the Wil- today I rise to welcome all the law en- lard, I was grateful to attend the Inter- forcement officers and their families REFORM THE PHARMACEUTICAL national Republican Institute dinner who have come here to Washington in INDUSTRY led by President Daniel Twining where honor of National Police Week. You (Mr. CICILLINE asked and was given Ambassador Nikki Haley was honored know, there is a saying in the law en- permission to address the House for 1 with Secretary James Mattis to receive forcement community: ‘‘In this family, minute.) the Freedom Award. nobody fights alone.’’ Mr. CICILLINE. Mr. Speaker, when it In conclusion, God bless our troops, When an officer goes down, the whole comes to affordable healthcare and pre- and we will never forget September the force feels the loss and carries that scription drugs, President Trump and 11th in the global war on terrorism. burden. It is so moving to see that spir- the Republicans are forcing the Amer- f it of solidarity right here in Wash- ican people to swallow a raw deal. ington on display this week. This year, They have voted to dismantle protec- RETURN TO DISCUSSION ON THE the names of 360 fallen officers have tions for preexisting conditions. They FARM BILL been added to our National Law En- have voted to raise out-of-pocket ex- (Mr. GENE GREEN of Texas asked forcement Officers Memorial, including penses. They have voted to take away and was given permission to address four from the State of Wisconsin. health coverage from 23 million Ameri- the House for 1 minute.) One of them is Detective Jason cans. And they gave billions of dollars Mr. GENE GREEN of Texas. Mr. Weiland of the Everest Metropolitan in tax breaks to pharmaceutical com- Speaker, I rise in opposition to the Police Department. He was shot and panies and other healthcare organiza- farm bill and the Republican major- killed in the line of duty last March. tions. Last week, President Trump out- ity’s scorched earth and irresponsible

VerDate Sep 11 2014 01:27 May 17, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.014 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H3989 approach to a historically bipartisan sophisticated network of social media CUTS TO SUPPLEMENTAL bill. bots and online ads used by Russia to NUTRITION ASSISTANCE PROGRAM Throughout this Congress, the Re- spread disinformation during the 2016 (Mr. BUTTERFIELD asked and was publican majority has cast aside bipar- election. But, as we approach our next given permission to address the House tisan efforts by keeping Democrats out election, the Trump administration re- for 1 minute.) of negotiations. The farm bill is no dif- fuses to see the very real threats or Mr. BUTTERFIELD. Mr. Speaker, 41 ferent. take the very necessary actions. million Americans and over 1 million From sabotaging the Affordable Care Earlier this year, we learned the of- North Carolinians’ ability to put food Act to giving wealthy families and cor- fice tasked with countering foreign on the table hangs in the balance this porations a tax break at the cost of propaganda, the Global Engagement week, as House Republicans push to hardworking families, to make deep Center, the GEC, at the State Depart- pass their farm bill with over $23 bil- cuts to the Supplemental Nutrition As- ment had not deployed any of the $120 lion in cuts to the SNAP program. sistance Program, SNAP, this bill is on million it had been allocated to These cuts, Mr. Speaker, quite frankly, a dangerous path. We need to return to counter Russian information warfare, could mean food taken off of the table bipartisan discussion that made the nor had it recruited a single analyst of hungry children—that is no exag- who speaks Russian. farm bill a win-win for both urban and geration—seniors, and veterans. Mr. Speaker, the administration rural communities. Despite these benefits averaging only needs to take this threat seriously and If this bipartisan bill becomes law, $1.40 per person per meal, this program act with appropriate urgency. That is roughly 265,000 low-income children is a lifeline for tens of millions of why I have introduced legislation with will lose access to free school meals, Americans. It serves as an effective my colleague, TED LIEU, to clarify re- and more than 1 million Americans tool for ensuring long-term health and sponsibilities for the GEC, expand its will no longer receive a benefit they well-being, especially for vulnerable hiring authorities, and establish rely on to buy food. We can do better children. stronger congressional oversight. The because America’s farmers and chil- The farm bill, as it is currently writ- GEC has a crucial role to play, under- dren deserve better. ten, includes detrimental changes to standing, exposing, and countering for- We have a farm bill every 5 years. Is SNAP that would make it harder for eign propaganda and disinformation efit worth kicking children and families many people to remain in the program. forts. off SNAP? No, Mr. Speaker. Mr. Speaker, I urge my colleagues to Over 400,000 households nationwide, f join us on this legislation to ensure we and at least 133,000 individuals in North are better prepared to counter all ef- Carolina, would lose SNAP benefits if RECOGNIZING NATIONAL POLICE this legislation becomes law. WEEK forts to interfere in our electoral process. Even more disturbing is that my Re- (Mr. GIANFORTE asked and was publican colleagues understand what given permission to address the House f these cuts would do but remain unfazed for 1 minute and to revise and extend NATIONAL POLICE WEEK in their assault on these families. his remarks.) (Mrs. BROOKS of Indiana asked and Mr. Speaker, I urge my colleagues to Mr. GIANFORTE. Mr. Speaker, I rise was given permission to address the vote ‘‘no’’ on H.R. 2: too bad, too long today in recognition of National Police House for 1 minute.) for our children. Week to honor the heroes who dedicate Mrs. BROOKS of Indiana. Mr. Speak- f their lives to keep our communities er, I rise today during National Police CONGRATULATING CENTRO MATER safe and secure. Week to remember all members of law CHILD CARE SERVICES Montana’s courageous law enforce- enforcement who have given their lives ment officers are the epitome of self- to protect and serve others. (Ms. ROS-LEHTINEN asked and was less public service. Yesterday marked The National Law Enforcement Offi- given permission to address the House the 37th annual National Peace Offi- cers Memorial here in Washington, for 1 minute and to revise and extend cers’ Memorial Service. It is only fit- D.C., displays the names of law en- her remarks.) ting that I honor one of Montana’s fall- forcement officers who have fallen in Ms. ROS-LEHTINEN. Mr. Speaker, I en heroes. the line of duty, dating back to 1791. rise today to congratulate Centro One year ago today, Broadwater One of the names added this year was Mater on celebrating its 50th anniver- County sheriff’s deputy, Mason Moore, Lieutenant Aaron Allan of the sary this year. made the ultimate sacrifice in the line Southport Police Department, the first This outstanding organization was of duty. A routine traffic stop turned police officer from the Department to founded by Mother Margarita Miranda into a pursuit of two violent suspects be killed in the line of duty. When re- Otero in 1968, with the goal of pro- who callously took Deputy Moore’s sponding to an overturned vehicle last viding greatly needed childcare serv- life. summer, Lieutenant Allan was shot ices to newly exiled Cuban families in Deputy Moore was a dedicated hus- and killed by the driver of the vehicle Miami. Mother Otero succeeded and, band and father of three, including he was trying to assist. over the next five decades, Centro twin teenage boys. His sacrifice to keep Sadly, we already know an officer Mater has grown and expanded its mis- his community safe will not be forgot- who will also be listed in the memorial sion to provide quality healthcare and ten. next year with Lieutenant Allan’s services to disadvantaged children of Today, Mr. Speaker, I honor the law name: Boone County Sheriff’s Deputy all backgrounds. enforcement community in Montana Jacob Pickett. With centers in Little Havana and during National Police Week for their Last night, I joined members of the Hialeah, Centro Mater offers a positive dedication, service, and sacrifice. I am Indiana Concerns of Police Survivors, and nurturing environment for over grateful for those in uniform who serve COPS, who are the spouses, children, 1,200 underprivileged children. Centro and protect our communities and pray and parents of fallen police officers. Mater’s staff also offers enriching and for their safety. These people selflessly work to provide educational social programs for the resources to people like them: families parents of the students, such as f who have also experienced the pain of English classes and training work- b 1215 losing their loved ones in the line of shops. These life-changing services em- duty. These volunteers help people power children and their families with- GLOBAL ENGAGEMENT CENTER cope with tragedy and loss and are in- in our greater Miami community. (Mr. SCHNEIDER asked and was credibly strong and inspiring members Mr. Speaker, I would like to con- given permission to address the House of our communities. gratulate everyone involved at Centro for 1 minute and to revise and extend Today, may we honor the valor and Mater for all that they have accom- his remarks.) commitment of our fallen heroes and plished in the past 50 years, and I Mr. SCHNEIDER. Mr. Speaker, every support those who are missing their thank them for improving the lives of week, we seem to learn more about the loved ones. so many in my congressional district.

VerDate Sep 11 2014 01:27 May 17, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.015 H16MYPT1 H3990 CONGRESSIONAL RECORD — HOUSE May 16, 2018 REPRESENTING ARIZONA’S Established by joint resolution of RESIGNATION AS MEMBER OF EIGHTH CONGRESSIONAL DISTRICT Congress in 1962, National Police Week COMMITTEE ON SCIENCE, SPACE, (Mrs. LESKO asked and was given pays special recognition to those law AND TECHNOLOGY permission to address the House for 1 enforcement officers who have lost The SPEAKER pro tempore (Mr. minute and to revise and extend her re- their lives in the line of duty for the ISSA) laid before the House the fol- marks.) safety and the protection of others. lowing resignation as a member of the Mrs. LESKO. Mr. Speaker, I want to National Police Week is a collabo- Committee on Science, Space, and thank you and the Members of this dis- rative effort of many organizations Technology: tinguished body for welcoming me. dedicated to honoring America’s law HOUSE OF REPRESENTATIVES, Representing the people of Arizona’s enforcement community. It is also a Washington, DC, May 16, 2018. Eighth Congressional District is truly time where we pause to remember offi- Hon. PAUL D. RYAN, an honor, and I am eager to work with cers who have made the ultimate sac- Speaker of the House, you all to ensure that we accomplish rifice and lost their lives in the line of Washington, DC. what my constituents sent me here to duty protecting and serving others. DEAR SPEAKER RYAN: Due to my election to the House Committee on Education and do: secure our borders, strengthen our This week honors the men and the Workforce, this letter is to inform you of military, and create a strong economy. women in blue who gave everything to my resignation from the House Committee Earlier today, I met with Mike and protect their country and their com- on Science, Space, and Technology. Colleen Sutter from my district. Mike munities. Our officers put on their uni- Sincerely, and Colleen have been small-business form each day knowing that they can JIM BANKS, owners for over 27 years in Arizona. be in harm’s way at any moment. Member of Congress. Due to the recent tax cut package, Mr. Speaker, I say thank you to all The SPEAKER pro tempore. Without Mike and Colleen were able to give of our officers who answer the call to objection, the resignation is accepted. across-the-board pay increases and bo- serve, and I wish each and every officer There was no objection. nuses to their employees, including a a happy National Police Week. f $3 an hour increase for hourly employ- RESIGNATIONS AS MEMBER OF ees. The tax cuts have meant real dol- f lars getting into the pockets of Ameri- COMMITTEE ON HOMELAND SE- cans and small businesses. CURITY AND COMMITTEE ON NATIONAL INFRASTRUCTURE VETERANS’ AFFAIRS f WEEK The SPEAKER pro tempore laid be- PUERTO RICO’S POWER MISSION (Mr. LAMALFA asked and was given fore the House the following resigna- (Miss GONZA´ LEZ-COLO´ N of Puerto permission to address the House for 1 tions as a member of the Committee on Rico asked and was given permission to minute and to revise and extend his re- Homeland Security and Committee on address the House for 1 minute and to marks.) Veterans’ Affairs: revise and extend her remarks.) Mr. LAMALFA. Mr. Speaker, in addi- HOUSE OF REPRESENTATIVES, Miss GONZA´ LEZ-COLO´ N of Puerto tion to National Police Week, it is also Washington, DC, May 16, 2018. Rico. Mr. Speaker, today I ask that National Infrastructure Week. Hon. PAUL D. RYAN, Speaker, House of Representatives, Federal support for Puerto Rico power Currently, much of our Nation’s in- restoration must continue until full Washington, DC. frastructure is in disrepair. Dilapidated DEAR SPEAKER RYAN: Due to my election completion. We still have 20,000 homes roads, crumbling bridges, and battered to the House Committee on Appropriations, I without service on the island. levees and dams litter the country write to inform you that I resign my seats on Last weekend, Representative from coast to coast. the House Committee on Homeland Security LAMALFA and I were visiting one of the and Committee on Veterans Affairs. In large rural areas like my district towns in Yabucoa. People are still Sincerely, in northern California, the infrastruc- without power on the island, and this JOHN H. RUTHERFORD, ture gap is even more exaggerated, Friday, May 18, the U.S. Army Corps of Member of Congress. where funding is even more difficult to Engineers and FEMA are going to be The SPEAKER pro tempore. Without come by, as it is in all rural areas of leaving the island. objection, the resignations are accept- the U.S. We have to stretch every dol- That is the reason that the current ed. lar as far as possible. It is not enough electrical restoration mission through There was no objection. to simply put more money into the sys- FEMA and the Army Corps of Engi- tem, but to make those dollars more f neers must continue, and the contracts effective. RESIGNATIONS AS MEMBER OF under it, without that expiration date. COMMITTEE ON VETERANS’ AF- That is the reason the alarming situa- Currently, local counties must jump FAIRS AND COMMITTEE ON tion we are still living, just 16 days through multiple, duplicative regu- ARMED SERVICES away from the next hurricane season, latory hoops from both the State and must be stopped. Federal Government. That only wastes The SPEAKER pro tempore laid be- I request FEMA and the Army Corps time and money, and it makes no fore the House the following resigna- of Engineers to extend the mission so sense. tions as a member of the Committee on crews can remain on the job full-time We have seen that local agencies Veterans’ Affairs and Committee on until all areas are restored. This is an have proven to be far more effective Armed Services: urgent situation on the island, and I than their Federal counterparts. That HOUSE OF REPRESENTATIVES, request that FEMA and the Army is why we have to streamline the per- Washington, DC, May 16, 2018. Corps of Engineers deal with it. mitting process to allow States more Hon. PAUL D. RYAN, Speaker of the House, f authority to conduct environmental reviews on their own and reduce the reg- Washington, DC. NATIONAL POLICE WEEK ulatory burden. DEAR SPEAKER RYAN: Due to my appointment to the Committee on Ways and Means, (Mr. THOMPSON of Pennsylvania The President’s MOU to have ‘‘one I hereby resign my seats on the House Com- asked and was given permission to ad- Federal decision’’ policy, one-stop mittee on Veterans’ Affairs and the House dress the House for 1 minute and to re- shopping, and, indeed, one lead agency Committee on Armed Services. I want to vise and extend his remarks.) will streamline that vastly and help us thank you for the honor and the opportunity Mr. THOMPSON of Pennsylvania. get our highways done and our levee to serve on Ways and Means. Mr. Speaker, I rise today in honor of projects, multiple things that need to Let me also take this opportunity express my appreciation for the opportunity to serve National Police Week. Tens of thou- be done to make us safer and more eco- on the Veterans Affairs’ Committee and the sands of law enforcement officers from nomically sound—basic bipartisan re- Armed Services Committee. It has been an across the country are in Washington forms that will make sense for the honor to serve those committees, to work on in honor of National Police Week. American people in a timely manner. behalf of our nation’s veterans and our men

VerDate Sep 11 2014 01:27 May 17, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.018 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H3991 and women in uniform, and to serve under House the bill (H.R. 5698) to amend title 18, fied in the report equally divided and con- two able chairmen, Chairman Roe and Chair- United States Code, to punish criminal of- trolled by the proponent and an opponent, man Thornberry. Please know that although fenses targeting law enforcement officers, shall not be subject to amendment, and shall I am departing these committees, I’m not and for other purposes. All points of order not be subject to a demand for division of the leaving in mind and spirit and will be always against consideration of the bill are waived. question in the House or in the Committee of want and be willing to contribute to their The bill shall be considered as read. All the Whole. All points of order against such and the House’s efforts on behalf of our vet- points of order against provisions in the bill amendments are waived. At the conclusion erans and troops. are waived. The previous question shall be of consideration of the bill for amendment Thank you again for this opportunity to considered as ordered on the bill and on any pursuant to this resolution, the Committee serve our nation in a new capacity, and amendment thereto to final passage without of the Whole shall rise without motion. No please let me know what I can do to make intervening motion except: (1) one hour of further consideration of the bill shall be in sure the transition is a seamless one. debate equally divided and controlled by the order except pursuant to a subsequent order Sincerely, chair and ranking minority member of the of the House. BRAD WENSTRUP, Committee on the Judiciary; (2) the further Member of Congress. amendment printed in part A of the report of b 1230 the Committee on Rules accompanying this The SPEAKER pro tempore. Without POINT OF ORDER resolution, if offered by the Member des- objection, the resignations are accept- ignated in the report, which shall be in order Mr. MCGOVERN. Mr. Speaker, pursued. without intervention of any point of order, ant to section 426 of the Congressional There was no objection. shall be considered as read, shall be sepa- Budget and Empowerment Control Act f rately debatable for the time specified in the of 1974, I make a point of order against report equally divided and controlled by the ELECTING MEMBERS TO CERTAIN consideration of the rule, House Reso- proponent and an opponent, and shall not be lution 891. STANDING COMMITTEES OF THE subject to a demand for division of the ques- HOUSE OF REPRESENTATIVES tion; and (3) one motion to recommit with or Section 426 of the Budget Act specifically states that the Rules Committee Mr. WOODALL. Mr. Speaker, by di- without instructions. SEC. 2. Upon adoption of this resolution it may not waive the point of order pre- rection of the House Republican Con- shall be in order to consider in the House the scribed by section 425 of that same act. ference, I offer a privileged resolution bill (S. 2372) to amend title 38, United States Section 3 of House Resolution 891 and ask for its immediate consider- Code, to provide outer burial receptacles for states that: ‘‘All points of order ation. remains buried in National Parks, and for against consideration of the bill are other purposes. All points of order against The Clerk read the resolution, as fol- waived.’’ Therefore, I make a point of lows: consideration of the bill are waived. An amendment in the nature of a substitute order pursuant to section 426 of the H. RES. 897 consisting of the text of H.R. 5674 as reported Congressional Budget Act that this Resolved, That the following named Mem- by the Committee on Veterans’ Affairs, as rule may not be considered. bers be, and are hereby, elected to the fol- modified by the amendment printed in part The SPEAKER pro tempore. The gen- lowing standing committees of the House of B of the report of the Committee on Rules Representatives: tleman from Massachusetts makes a accompanying this resolution, shall be con- point of order that the resolution vio- COMMITTEE ON APPROPRIATIONS: Mr. Ruth- sidered as adopted. The bill, as amended, erford. shall be considered as read. All points of lates section 426(a) of the Congres- COMMITTEE ON EDUCATION AND THE WORK- order against provisions in the bill, as sional Budget Act of 1974. FORCE: Mr. Banks of Indiana. amended, are waived. The previous question The gentleman has met the threshold COMMITTEE ON HOMELAND SECURITY: Mrs. shall be considered as ordered on the bill, as burden under the rule, and the gen- Lesko. amended, and on any further amendment tleman from Massachusetts and a COMMITTEE ON SCIENCE, SPACE, AND TECH- thereto, to final passage without intervening NOLOGY: Mr. Palmer, to rank immediately Member opposed each will control 10 motion except: (1) one hour of debate equally after Mr. Abraham; and Mrs. Lesko. minutes of debate on the question of divided and controlled by the chair and rank- COMMITTEE ON TRANSPORTATION AND INFRA- consideration. Following debate, the ing minority member of the Committee on STRUCTURE: Mr. Gallagher. Veterans’ Affairs; and (2) one motion to re- Chair will put the question of consider- COMMITTEE ON VETERANS’ AFFAIRS: Mr. ation as the statutory means of dis- Mast. commit with or without instructions. SEC. 3. At any time after adoption of this posing of the point of order. COMMITTEE ON WAYS AND MEANS: Mr. resolution the Speaker may, pursuant to Wenstrup. The Chair recognizes the gentleman clause 2(b) of rule XVIII, declare the House from Massachusetts. Mr. WOODALL (during the reading). resolved into the Committee of the Whole Mr. MCGOVERN. Mr. Speaker, I yield Mr. Speaker, I ask unanimous consent House on the state of the Union for consider- myself such time as I may consume. that the resolution be considered as ation of the bill (H.R. 2) to provide for the re- The Unfunded Mandates Reform Act, read and printed in the RECORD. form and continuation of agricultural and The SPEAKER pro tempore. Is there other programs of the Department of Agri- it was a Republican bill passed in a Re- objection to the request of the gen- culture through fiscal year 2023, and for publican Congress, but this act was tleman from Georgia? other purposes. The first reading of the bill supposed to stop Congress from passing There was no objection. shall be dispensed with. All points of order bills that forced huge new costs on against consideration of the bill are waived. State and local governments without The resolution was agreed to. General debate shall be confined to the bill A motion to reconsider was laid on giving them the money to pay for those and shall not exceed one hour equally di- costs. the table. vided and controlled by the chair and rank- Well, apparently it didn’t work, be- f ing minority member of the Committee on Agriculture. After general debate the bill cause the farm bill, which is part of PROVIDING FOR CONSIDERATION shall be considered for amendment under the this rule, would impose massive new OF H.R. 5698, PROTECT AND five-minute rule. It shall be in order to con- mandates on State and local govern- SERVE ACT OF 2018; PROVIDING sider as an original bill for the purpose of ments in the Republican majority’s FOR CONSIDERATION OF S. 2372, amendment under the five-minute rule the quest to kick families off of SNAP. VETERANS CEMETERY BENEFIT amendment in the nature of a substitute rec- For anyone unfamiliar, that is the CORRECTION ACT; AND PRO- ommended by the Committee on Agriculture Supplemental Nutrition Assistance now printed in the bill. The committee VIDING FOR CONSIDERATION OF Program, which helps to feed millions H.R. 2, AGRICULTURE AND NU- amendment in the nature of a substitute shall be considered as read. All points of of struggling American families every TRITION ACT OF 2018 order against the committee amendment in day. But one provision in the farm bill Mr. WOODALL. Mr. Speaker, by di- the nature of a substitute are waived. No would force States to deny SNAP bene- rection of the Committee on Rules, I amendment to the committee amendment in fits to families with an absent parent call up House Resolution 891 and ask the nature of a substitute shall be in order unless those households cooperate with for its immediate consideration. except those printed in part C of the report child support enforcement agencies. The Clerk read the resolution, as fol- of the Committee on Rules accompanying According to the CBO, that is the this resolution. Each such amendment may lows: be offered only in the order printed in the re- Congressional Budget Office, it is a H. RES. 891 port, may be offered only by a Member des- nonpartisan group of experts that ana- Resolved, That upon adoption of this reso- ignated in the report, shall be considered as lyze this stuff. This additional burden lution it shall be in order to consider in the read, shall be debatable for the time speci- on single-parent families would save

VerDate Sep 11 2014 02:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.006 H16MYPT1 H3992 CONGRESSIONAL RECORD — HOUSE May 16, 2018 the Federal Government $4 billion, but the rules of the House. That is right. end to these unfunded mandates, then my Republican colleagues don’t seem Republicans, once the party of States’ you need to take a stand. to have thought this through, because rights, are rigging the rules and ignor- Mr. Speaker, I reserve the balance of it would cost child support agencies ing the law so that they can pass this my time. over $7 billion to recoup those child disastrous bill. Mr. WOODALL. Mr. Speaker, I claim support payments. So they are spend- So here is a moment, I think, where time in opposition to the point of order ing $7 billion to recoup $4 billion. liberals and conservatives can come to- and in favor of consideration of the res- CBO, that is the group of nonpartisan gether, where all my Republican olution. experts, says that the cost to States, friends who oppose unfunded mandates The SPEAKER pro tempore. The gen- who have no say in this matter, would can join with many of us on the Demo- tleman from Georgia is recognized for be over $1 billion. cratic side and actually do something. 10 minutes. Now, I don’t know who wrote this This is your chance to prove it and to Mr. WOODALL. Mr. Speaker, I yield provision, since it sure didn’t come out stand up and to be counted. myself such time as I may consume. of the Agriculture Committee or the Don’t let the Rules Committee run Mr. Speaker, I don’t claim to know hearings that we conducted, but who- roughshod over your values in the as much about the farm bill as my ever it was, they really need to work name of passing this lousy bill. Or friend from Massachusetts does. He has on their basic arithmetic skills. maybe unfunded mandates on State the privilege of representing his con- When you spend $7 billion to recoup and local governments are actually stituents both on the Rules Committee $4 billion, that is what I call a terrible fine with my conservative friends just and on the Ag Committee. idea, not legislating. so long as they are imposed on a proc- I represent my constituents on the Now, another unfunded mandate ess that takes SNAP benefits away Rules Committee and on the Budget would require States to offer employ- from millions of people. Committee. I work with CBO day in ment and training services to SNAP re- As I find myself saying far too often and day out, as my colleague knows. cipients as part of the bill’s dev- these days, a bad process produces bad CBO is absolutely charged with being astating new work requirements. But policy. And this farm bill is a bad pol- the nonpartisan scorekeeper in all of according to CBO, again, these are the icy, plain and simple. It is not thought these budgetary matters. But as the nonpartisan experts, the bill won’t pro- out. It is a bunch of unfunded man- gentleman recalls, having worked for a vide States with enough funds to im- dates. It is a disaster. former member of the Rules Com- plement those training programs. It is bad for the millions of working mittee himself, when Republicans So not only are Republicans heart- families, children, older adults, and passed and President Clinton signed lessly kicking 1 million Americans off other vulnerable Americans who will the unfunded mandates point of order, of SNAP with these additional burdens, be kicked off of SNAP or see their ben- it was designed with one goal and one but they also are not providing States efits reduced. It is bad for farmers and goal only in mind, and that was to with enough money for training pro- ranchers, who are already suffering make sure that when Congress acts, it grams so that these people can find from low prices, low overhead, and considers the impacts of folks back jobs and get their benefits back. I market uncertainty, not to mention a home. It considers whether or not it is mean, you seriously can’t make this new trade war, courtesy of Donald shirking a responsibility in Wash- stuff up. Trump. It is bad for State and local ington and shifting that responsibility CBO, again, the Congressional Budg- governments, who will have massive to State and local governments back et Office, those nonpartisan experts, re- unpaid-for costs despite having no home. ported yet another intergovernmental input whatsoever on the drafting of I will tell you with certainty, Mr. mandate that would prevent commu- this bill. Speaker, that not a single Member on nities from restricting the use of dan- So let’s send it back to the drawing this side of the aisle has wavered in gerous pesticides, even if they deter- table so we can sit down in a bipartisan that commitment from when this bill mine the restrictions are necessary to way, in the bipartisan tradition of the passed in 1995 until today. protect children’s health, like stopping Agriculture Committee, and come up What my friend from Massachusetts harmful insecticides from being with smart, compassionate, forward- references are programs that are im- sprayed near schools or hospitals. thinking legislation instead of this. plemented by the States in order to re- This bill also requires that every So I ask my colleagues to join with ceive a Federal benefit. We see this State allow the sale of all legal agri- us in a bipartisan way against consid- happen all the time, day in and day cultural products from other States, ering this rule, which ignores the costs out. You get all the transportation preempting States’ food safety and en- this bill imposes on State and local money that you want, but you need to vironmental standards. governments, in violation of the Un- alter your speed limit if you want to Now, you heard me right. The Repub- funded Mandates Reform Act. receive that transportation money. licans are preventing local commu- If you believe unfunded mandates are You can get all the transportation nities from protecting their children wrong, then you shouldn’t support this money you want, but you need to deal from toxic chemicals and forcing rule. I mean, where are my conserv- with your drinking age if you want to States to allow products that break ative friends? Where is the Freedom get that money. laws meant to protect the health and Caucus, who rail about unfunded man- What we are talking about today at safety of their own citizens. dates? Where are you? I mean, I hope its core, Mr. Speaker, is whether or Now, Mr. Speaker, I thought the Re- you are going to stand up and have the not, at a time when we have the lowest publicans were supposed to be all about courage of your convictions and vote unemployment rate in my lifetime, at States’ rights. The Unfunded Mandates with us on this and send this bill back a time when we have more jobs avail- Reform Act was a Republican bill, as I to committee, where we ought to do a able to be filled in America than ever mentioned. farm bill in a bipartisan and a thought- before in American history, whether it What about the rules of this institu- ful way. is a burden to say if you want to re- tion? It is actually against House rules, This process has been lousy from the ceive a Federal benefit, that being food believe it or not, to bring a bill to the beginning, and now we have a bill that stamps, that you should try to find a floor that imposes unfunded mandates has all kinds of protections, because job first. If you can’t find that job, we on State and local governments. there are all kinds of unfunded man- should get you enrolled in a job train- Not a problem, Mr. Speaker. The Re- dates on our States. ing program so that you can find the publican-controlled Rules Committee, Wait till your governors begin to job. or as I like to call it, the ‘‘Break the read the fine print in this farm bill, At the end of the day, the farm bill Rules’’ Committee, waived that rule wait till your local agencies read the aims to do two things with the SNAP and gave this disastrous farm bill a fine print in this farm bill. program: number one, is continue to get-out-of-jail-free card. So if you are for unfunded mandates, provide a safety net for families in But it turns out that waiving the un- then vote against what I am suggesting need. But number two, to make sure it funded mandates rule is also against here today. But if you want to put an remains that net and tries to lift folks

VerDate Sep 11 2014 02:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.024 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H3993 out of poverty instead of trap them in much more, and the Federal Govern- need Federal benefits, but those who poverty for generations to come. ment does not provide the funding to have opportunities to do more and to Mr. Speaker, this unfunded mandates meet those obligations. So if States do better for their families have part- point of order, I was in Congress at the want to provide SNAP benefits to their ners in both their Federal and State time that it passed, has been a speed citizens, which I think every State con- governments to make that happen. I bump, a needed speed bump in the continues to want to do, they are going to think that is what all my colleagues sideration of legislation time and time have to embrace all these unfunded here want. again. mandates, add all these additional I encourage my friends to reject my Now, sadly, more often than not, we costs on to what they are already pay- friend’s point of order and to vote to see it as a dilatory tactic on the House ing. consider this bill today. floor. We see it raised as something These are big, fat unfunded man- Mr. Speaker, I yield back the balance just to try to slow down the process dates. And I want to tell you, when of my time. and gum up the works. your Governors read this bill, when The SPEAKER pro tempore. All time That is not what is happening here you read this bill, you are going to be for debate has expired. today. I want to stipulate that that is amazed about all these additional bur- The question is, Will the House now true. dens that are going to be imposed on consider the resolution? My friend from Massachusetts raises States and localities. If this isn’t an The question was taken; and the a legitimate concern, but what I would unfunded mandate, if this wasn’t what Speaker pro tempore announced that say to my colleagues is this is a task, that Republican initiative was all the ayes appeared to have it. an obligation that has been placed on about when it was first implemented, I the States in consideration of receiving Mr. MCGOVERN. Mr. Speaker, on have no idea what it is. that I demand the yeas and nays. a Federal benefit. Folks are not man- But I will tell you, even on the work dated to do anything at all, but if we The yeas and nays were ordered. training programs, this bill would pro- The vote was taken by electronic de- are to participate in the program, if vide maybe about $30 per person for folks are to continue to work through vice, and there were—yeas 223, nays education and training. We are told 181, not voting 23, as follows: the program, if we are to get people that education and training programs, [Roll No. 184] back to work, if we are to provide this on average, range from $7,000 to $14,000 safety net, if we are to succeed on be- to be effective. So this is an unfunded YEAS—223 half of our constituents, as we all want mandate, plain and simple. If you care Abraham Fitzpatrick Love to do, then we are going to have a part- Aderholt Fleischmann Lucas about unfunded mandates, you are Allen Flores MacArthur nership between the Federal Govern- going to support us in our initiative Amodei Fortenberry Marchant ment and the State governments to here today. Arrington Foxx Marino make that happen. Mr. Speaker, I yield back the balance Babin Frelinghuysen Marshall Bacon Gaetz Massie b 1245 of my time. Banks (IN) Gallagher Mast Mr. WOODALL. Mr. Speaker, I yield Again, I respect my friend from Mas- Barletta Garrett McCarthy myself the balance of my time. Barr Gianforte McCaul sachusetts, Mr. Speaker. He is an au- Mr. Speaker, again, I recognize my Barton Gibbs McClintock thority on the farm bill and an author- Bergman Gohmert McHenry friend’s passion. I tell you, this is not ity on the SNAP program. But as far as Biggs Goodlatte McKinley going to be the end of my friend’s pas- Bilirakis Gosar McMorris the unfunded mandates point of order sion. We are going to be here for an- Bishop (MI) Gowdy Rodgers goes, I would encourage my colleagues other hour, together, talking about the Bishop (UT) Granger McSally to reject that request today and to Black Graves (GA) Meadows farm bill, and I suspect we will see even vote in favor of proceeding with consid- Blackburn Graves (LA) Messer a new degree of passion because my Blum Graves (MO) Mitchell eration of the bill. friend from Massachusetts is incredibly Bost Griffith Moolenaar Mr. Speaker, I reserve the balance of Brady (TX) Grothman Mooney (WV) my time. committed to his point of view on the Brat Guthrie Mullin Mr. MCGOVERN. Mr. Speaker, how SNAP program. Brooks (AL) Handel Newhouse Brooks (IN) Harper Noem much time do I have remaining? What I would tell you, Mr. Speaker— and I will speak on behalf of my Gov- Buchanan Harris Norman The SPEAKER pro tempore. The gen- Buck Hartzler Nunes tleman from Massachusetts has 3 min- ernor from the great State of Georgia; Bucshon Hensarling Olson utes remaining. I will speak on behalf of my legislators Budd Herrera Beutler Palazzo and my administrators in the great Burgess Hice, Jody B. Palmer Mr. MCGOVERN. Mr. Speaker, I Byrne Higgins (LA) Paulsen would encourage my colleague and State of Georgia—folks want to be a Calvert Hill Pearce anybody else to do something radical: part of lifting people out of poverty. Carter (GA) Holding Perry actually read the CBO study. Nobody wants to be a part of trapping Carter (TX) Hollingsworth Pittenger people in a cycle of poverty, and there Chabot Hudson Poe (TX) Basically, what it says here is that Cheney Huizenga Poliquin the bill would impose intergovern- is absolutely, Mr. Speaker, a degree of Coffman Hultgren Posey mental mandates by amending SNAP complicity that this Chamber has often Cole Hunter Ratcliffe eligibility requirements, placing new been involved in by saying: This is the Collins (GA) Hurd Renacci Collins (NY) Issa Rice (SC) responsibilities on States as adminis- best we can do. We can’t do any better, Comer Jenkins (KS) Roby trators of child support enforcement, and we are just going to resign our- Comstock Jenkins (WV) Roe (TN) and requiring new State activities in selves to the fact that generational Conaway Johnson (LA) Rogers (AL) poverty will continue. I say nonsense, Cook Johnson (OH) Rohrabacher the SNAP program. Costello (PA) Johnson, Sam Rokita For large entitlement programs like and this bill is a step in the right direc- Cramer Jordan Rooney, Francis SNAP and child support enforcement, tion. Crawford Joyce (OH) Rooney, Thomas UMRA defines an increase in the strin- I share my friend’s frustration that Culberson Katko J. Curbelo (FL) Kelly (MS) Ros-Lehtinen gency of conditions on States and lo- what should have been a bipartisan Curtis Kelly (PA) Ross calities as an intergovernmental man- farm bill, what traditionally is a bipar- Davidson King (IA) Rothfus date if affected governments lack au- tisan farm bill, went off the rails some- Davis, Rodney King (NY) Rouzer where in the process and folks walked Denham Kinzinger Royce (CA) thority to offset those costs while con- DeSantis Knight Russell tinuing to provide required services. away from the table. We can assign DesJarlais Kustoff (TN) Rutherford The bill’s requirements would increase blame however we choose to do it; but Diaz-Balart LaHood Sanford the workload of State agencies in areas in this case, Mr. Speaker, we are talk- Donovan LaMalfa Scalise Duffy Lamborn Schweikert where they have limited flexibility to ing about a bill that is going to take a Duncan (SC) Lance Scott, Austin amend their responsibilities and offset major step forward in lifting folks out Duncan (TN) Latta Sensenbrenner additional costs and, thus, would be of poverty, a major step forward in put- Dunn Lesko Sessions ting people back to work, a major step Emmer Lewis (MN) Shimkus intergovernmental mandates. Estes (KS) LoBiondo Simpson In other words, on a whole range of forward in making sure that folks who Faso Long Smith (MO) issues, this bill requires States to do so receive Federal benefits are those who Ferguson Loudermilk Smith (NE)

VerDate Sep 11 2014 02:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.025 H16MYPT1 H3994 CONGRESSIONAL RECORD — HOUSE May 16, 2018 Smith (NJ) Turner Westerman The SPEAKER pro tempore (Mr. fact, I was with one of The American Smith (TX) Upton Williams Smucker Valadao Wilson (SC) CRAWFORD). The gentleman from Geor- Legion chapters in our district just Stefanik Wagner Wittman gia (Mr. WOODALL) is recognized for 1 Monday talking about the very provi- Stewart Walberg Womack hour. sions in this bill and how they can Stivers Walden Woodall Mr. WOODALL. Mr. Speaker, Mr. make a substantive difference for our Taylor Walker Yoder Tenney Walorski Yoho Speaker, for the purpose of debate men and women who have served us in Thompson (PA) Walters, Mimi Young (AK) only, I yield the customary 30 minutes the Armed Forces. Tipton Weber (TX) Young (IA) to the gentleman from Massachusetts This is a four corners agreement bill, Trott Wenstrup Zeldin (Mr. MCGOVERN), an Ag Committee Mr. Speaker, and by four corners, I NAYS—181 member and my fellow Rules Com- mean the chairmen and the ranking Adams Gomez Norcross mittee member, pending which I yield members on the House side and on the Aguilar Gonzalez (TX) O’Halleran myself such time as I may consume. Senate side have agreed on this legisla- Amash Gottheimer O’Rourke tion. They have worked together on ´ During consideration of this resolu- Barragan Green, Al Pallone this legislation, and they have put it Bass Green, Gene Panetta tion, all time yielded is for the purpose Beatty Grijalva Pascrell of debate only. together in a way that we can all be Bera Hanabusa Payne I thank my colleagues for standing proudly supportive of that final prod- Bishop (GA) Hastings Pelosi with me to consider this rule and then uct. Blumenauer Heck Perlmutter Let me tell you what this bill will do Blunt Rochester Higgins (NY) Peters these three underlying measures today. Bonamici Himes Peterson GENERAL LEAVE in specifics, Mr. Speaker. Boyle, Brendan Hoyer It consolidates seven duplicative Pingree Mr. WOODALL. Mr. Speaker, I ask F. Huffman Pocan community care programs into one Brady (PA) Jackson Lee unanimous consent that all Members Polis program that is easier for our veterans Brownley (CA) Jayapal have 5 legislative days to revise and ex- Price (NC) to understand and to access. It ensures Bustos Jeffries Quigley tend their remarks. Butterfield Johnson (GA) that the Veterans Choice Program has Raskin The SPEAKER pro tempore. Is there Capuano Johnson, E. B. Rice (NY) enough funding to continue working Carbajal Jones Rosen objection to the request of the gen- Carson (IN) Kaptur for our veterans for yet another year as Roybal-Allard tleman from Georgia? Cartwright Keating the committees continue to perfect Ruiz Castor (FL) Kelly (IL) There was no objection. Ruppersberger that program. I am sure you hear the Castro (TX) Kennedy Mr. WOODALL. Mr. Speaker, the rule Rush same constructive counsel that I do, Cicilline Khanna Ryan (OH) before us today, House Resolution 891, Clark (MA) Kihuen Mr. Speaker. Good for Congress for let- Sa´ nchez makes in order three pieces of legisla- Clarke (NY) Kildee Sarbanes ting us opt out so that we can get the Clay Kilmer tion. The one that you heard discussed Schakowsky services we need quickly. But the Vet- Cleaver Kind already today is H.R. 2, the Agriculture Schiff erans Choice Program still has work to Clyburn Krishnamoorthi and Nutrition Act of 2018. Two other Schneider do to get those agreements approved Cohen Kuster (NH) measures included in this rule are H.R. Connolly Lamb Schrader promptly and get those doctors reim- Scott (VA) 5698, the Protect and Serve Act of 2018, Cooper Langevin bursed promptly. Correa Larsen (WA) Scott, David and S. 2372, the VA MISSION Act of Costa Larson (CT) Serrano The VA MISSION Act, Mr. Speaker, Sewell (AL) 2018. also creates a fair and transparent Courtney Lawrence Mr. Speaker, as you know, this week Crist Lawson (FL) Sherman process for a comprehensive audit of Sinema Crowley Lee is Police Week, and police officers serv- the VA’s physical facilities. Where are Cuellar Levin Sires ing our communities every day with Smith (WA) those regions of the country that are Cummings Lewis (GA) distinction get this 1 week a year that Davis (CA) Lieu, Ted Soto underserved? Where are those regions Davis, Danny Loebsack Speier we all take a moment to pause and say of the country where consolidation Suozzi DeFazio Lofgren thank you. President Trump made that would better serve? Delaney Lowenthal Swalwell (CA) point yesterday just outside the Cap- DeLauro Lowey Takano The VA can transform its aging in- DelBene Luja´ n, Ben Ray Thompson (CA) itol talking about these heroes who put frastructure. This bill provides a com- Demings Lynch Thompson (MS) their life on the line absolutely every prehensive audit process so that we can DeSaulnier Maloney, Titus day. modernize the VA for today’s veterans. Deutch Carolyn B. Tonko To quote the President, he said: Dingell Maloney, Sean Torres It expands the caregiver program, Mr. Doggett Matsui Tsongas ‘‘Your moms and dads were among the Speaker, to provide the benefits to pre- Doyle, Michael McCollum Vargas bravest Americans to ever live’’ when 9/11 veterans so that they are in parity Veasey F. McEachin he was talking to the children of fallen with those benefits of post-9/11 vet- Ellison McGovern Vela officers. Of course, he was absolutely Eshoo Meeks Vela´ zquez erans, and it provides VA provider re- Espaillat Meng Visclosky right. cruitment and retention efforts so that Esty (CT) Moore Walz For that reason I am particularly our veterans have access to those med- Evans Moulton Wasserman pleased that the rule today brings up Foster Murphy (FL) Schultz ical personnel that they desperately Frankel (FL) Nadler Waters, Maxine the Protect and Serve Act of 2018. It need. Fudge Napolitano Watson Coleman brings it to the floor under a struc- These reforms aren’t just supported Gallego Neal Welch tured amendment process. The bill by those four corners that I mentioned, Garamendi Nolan Yarmuth makes it a Federal crime to inten- the Republicans and Democrats who NOT VOTING—23 tionally cause or to attempt to cause lead the Veterans’ Affairs Committee Beyer Labrador Richmond serious bodily harm to any law enforce- in the House and who lead the commit- Brown (MD) Lipinski Rogers (KY) ment officer. I say that again, Mr. tees in the Senate, but they are also Ca´ rdenas Luetkemeyer Roskam Speaker. It makes it a Federal crime Chu, Judy Lujan Grisham, Shea-Porter supported by over 30 veterans’ service DeGette M. Shuster to attempt to cause or intentionally organizations from across the country, Engel McNerney Thornberry cause serious bodily harm to any law Mr. Speaker, as Chairman ROE high- Gabbard Reed Webster (FL) enforcement officer. lighted in the Rules Committee just Gutie´rrez Reichert Wilson (FL) Mr. Speaker, we are trying to speak last night. b 1316 in the absolute strongest terms when I don’t pretend that these measures Ms. KAPTUR, Mrs. NAPOLITANO, we speak on behalf of our men and do everything for everyone, Mr. Speak- and Ms. EDDIE BERNICE JOHNSON of women in law enforcement uniforms. er. They do not. But it is another in a Texas changed their vote from ‘‘yea’’ In fact, just last night in the Rules long step of bills making progress on to ‘‘nay.’’ Committee, my friend, Mr. MCGOVERN behalf of the American people. Whether So the question of consideration was from Massachusetts, said there is vir- we are talking about our men and decided in the affirmative. tually no disagreement between the women in law enforcement uniforms, The result of the vote was announced parties and the Chambers on this legis- Mr. Speaker, or whether we are talking as above recorded. lation. about our men and women who have A motion to reconsider was laid on Another bill we can agree on, Mr. worn our military uniforms, it is an- the table. Speaker, is the VA MISSION Act. In other example of how Chairman ROE

VerDate Sep 11 2014 02:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.007 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H3995 and Ranking Member WALZ and our even sure when Republicans on the sub- SNAP by over $20 billion. Millions of colleagues in the Senate are taking committee first saw the language. people would see their benefits slashed, steps forward to repay our debts. Over the last 21⁄2 years, the Agri- and many would be cut off from assist- Finally, Mr. Speaker, as we have al- culture Committee held 23 hearings on ance entirely. ready heard discussed, this rule would SNAP. Apparently, they were just for make in order H.R. 2, our Agriculture show, because not a single witness— b 1330 and Nutrition Act of 2018. It doesn’t Democrat or Republican—rec- just make in order the base text, Mr. ommended any of the drastic cuts or Why are the Republicans doing this? Speaker, it also makes in order 20 draconian policy changes to SNAP in- To pay for hoisting their latest amendments that have been offered by cluded in this Republican farm bill. unproven and way underfunded State- both Republicans and Democrats in When our distinguished ranking based workforce bureaucracy experi- this Chamber who would like to try to member on the committee, Mr. PETER- ment on the entire Nation. That is make that bill even better. Twenty SON, was finally asked for Democratic why. I say ‘‘unproven’’ because I don’t amendments have been made in order feedback on the nutrition title, he gave see any evidence or studies suggesting already, and when we finish debate a long, thoughtful list of objections that any of this will even work. In fact, here on the floor, my colleague from and suggested changes. His input was I have a study here that points out the Massachusetts and I will return to the ignored with the majority changing flaws in this proposal. Rules Committee upstairs, and we will barely a handful of words in this whole It expands work requirements for consider yet another round of amend- bill. poor parents while making millionaires ments this afternoon so that we can The Republican farm bill is filled and billionaires eligible for subsidies continue to perfect this bill throughout with controversial provisions, and no even if they don’t live or work on a the week. one will tell us how they even got into farm. Mr. Speaker, one rule, three bills— the bill. Believe me, Mr. Speaker, I You can’t make this stuff up. There three bills that have the ability to have asked. I can’t get an answer. is no evidence that this approach is ef- make a difference for families across Maybe President Trump’s ethically fective. We have no idea whether the country north, south, east, and challenged White House opened its States have the manpower or infra- west. I hope my colleagues will support doors even wider to lobbyists and let structure to take this on. We have no this rule, get involved in that under- them write key parts of this bill. Or idea how much it will cost States to lying debate, and support those bills on perhaps an arch-conservative think put a recipient through a job training final passage as well. tank was given the chance to airdrop program. This bill would give States Mr. Speaker, I reserve the balance of its wish list into the bill. just $30 to train each person, when we my time. But I suspect something more mun- know it costs thousands of dollars per Mr. MCGOVERN. Mr. Speaker, I want dane and damaging. I think the Speak- person to fund robust job training pro- to thank the gentleman from Georgia er viewed this bill as his last chance to grams. (Mr. WOODALL) for the customary 30 enact sweeping cuts to safety net pro- Mr. Speaker, it would be laughable if minutes, and I yield myself such time grams before he retires. Even the num- this weren’t so serious. as I may consume. ber of this bill, H.R. 2, was always re- Currently, States are testing the ef- (Mr. MCGOVERN asked and was served by the Speaker for his so-called fectiveness of job training programs as given permission to revise and extend welfare reform bill. a way to help SNAP recipients move So I warn my colleagues on both his remarks.) out of poverty. But we aren’t expecting Mr. MCGOVERN. Mr. Speaker, the sides of the aisle: make no mistake. to get the results of these pilot pro- gentleman from Georgia just said one This legislation is a transformation of grams until 2021. rule three bills, which has become kind our social safety net dressed up as a Shouldn’t we wait to see the results of a habit around here where we try to farm bill. It beats up, belittles, and de- of State pilot programs? Shouldn’t we bunch a whole bunch of bills together monizes poor people all across this wait until we know what might work in one rule so we don’t actually focus country. It doesn’t even try to put lip- and what doesn’t? Why should we force on any one issue in a way that is mean- stick on this pig. our Governors and States to gamble on ingful. It is, I think, an attempt to try Mr. Speaker, last week it was re- a sweeping, untested bureaucracy that to stifle debate. ported that the Republican Conference We have a bill that would protect our brought in communicator Frank Luntz appears doomed to failure? police. We have a bill that would deal to try to wordsmith how Republicans Clearly, the Republicans aren’t going with veterans. And then we have the can justify supporting this bill. They to let a lack of facts stop them from farm bill. Mr. Speaker, I want to focus must be terrified. They know that just creating this massive, new government on the farm bill, if I may. explaining the reality would appall and bureaucracy that will affect millions of I have served on the Agriculture enrage most Americans. vulnerable Americans. This is from a Committee since 2011. Historically, it Now, Mr. Luntz is the same guy who party that claims to want a govern- has been one of the most—if not the helped craft Speaker Gingrich’s Con- ment so small, they could drown it in most—bipartisan committee in the tract with America. He earned a bathtub. Apparently, they want a House of Representatives. That is how PolitiFact’s lie of the year in 2010 for government just small enough to leave farm bills are normally crafted, one of his debunked claims on millions of poor and working Ameri- through compromise and through a co- healthcare reform and even tried once cans with nowhere to turn. alition of Members from urban and in an interview to turn the term Or- This isn’t about helping people; this rural America coming together to get wellian into something positive. Mr. is about putting up roadblocks that something done. Speaker, he has his work cut out for make nutrition assistance difficult, if That is why I have always had faith him here because I don’t even think not impossible, to get. in this process—faith that minority Mr. Luntz can wordsmith something so This legislation also severs the link views would be heard. Even when it cruel into something positive. between SNAP and the Low Income wasn’t easy and even when the final Now, here is how mean this bill real- Heating Energy Assistance Program, product wasn’t perfect, the end product ly is. SNAP is our Nation’s premier or LIHEAP. This connection is what was traditionally bipartisan. Until anti-hunger program, our first line of has allowed disabled and working fami- today. defense against hunger. People, includ- lies to receive credit for out-of-pocket The process for this farm bill was a ing the most vulnerable among us— heating and cooling expenses without sham. In no way did it reflect the Agri- kids, the disabled, and the elderly— unnecessary trips to the SNAP office. culture Committee’s long, bipartisan turn to it when there is no other op- But the changes in this bill would force tradition. I am the ranking member of tion. For them, there is no plan B when recipients to make those unnecessary the Nutrition Subcommittee, and even they are struggling to figure out where trips, and they would lead to more has- I wasn’t able to see a word of text until their next meal is coming from. With sles and avoidable errors and people this bill was publicly released. I am not this bill, Republicans are cutting falling through the cracks.

VerDate Sep 11 2014 02:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.028 H16MYPT1 H3996 CONGRESSIONAL RECORD — HOUSE May 16, 2018 I think the Republican leaders in the value that we should share, not a value extreme bill cuts more than $23 billion House are the only people on this plan- that we should repudiate. from nutrition assistance programs et who believe that creating unneces- This happens to be an area of dis- through eligibility restrictions, kick- sary hassles count as some kind of agreement, Mr. Speaker. There are so ing a projected 1 million households off laudable reform. many areas of agreement we could be the SNAP program and reducing bene- The Republican farm bill would also focusing on. fits for millions more. eliminate broad-based categorical eli- Mr. Speaker, I yield 5 minutes to the Let me be clear: these are vital, life- gibility. This has been a critical option gentleman from Oregon (Mr. WALDEN), saving benefits to help Americans put that States have used to help working the chairman of the Energy and Com- food on the table during moments of families with kids and seniors during merce Committee. need. The average family spends just 10 tough times. More than 40 States today Mr. WALDEN. Mr. Speaker, I rise months on SNAP, receiving assistance use this option, including 12 States today in support of the rule and the just long enough to get back on their with Republican Governors. Elimi- good work that was done there and the feet. At the same time, the program nating it would cause 400,000 eligible VA MISSION Act, which improves ac- helps set our kids up for success. Hun- households—close to 1 million people— cess to care for our veterans, funds the gry children perform worse in school, to lose their food benefits. The non- Choice Program, and expands the care- and studies have shown that children partisan Congressional Budget Office givers program for pre-9/11 veterans. on SNAP achieve higher test scores estimated that 265,000 students will I would like to thank the chairman and are more likely to graduate from lose access to free school lunches if and ranking member for their work on high school. Children on SNAP achieve this bill were to become law. this important legislation. I would par- higher test scores and succeed, and You know, when I was growing up, it ticularly like to applaud the inclusion they have the opportunity to do well was school bullies that went after kids’ of the VA Medical Scribes Pilot Act. later in life. lunch money; it wasn’t the United This was legislation that I helped write Mr. Speaker, the partisan approach States Congress. This is shameful. with Chairman ROE to set up a pilot was the wrong way on tax reform, it But let’s also be clear here that program for including scribes in pri- was the wrong way on healthcare, and eliminating broad-based categorical mary care teams at the VA. it is the wrong way now. I urge my Re- eligibility would throw close to 1 mil- Research in the private sector has publican colleagues to abandon this lion people off of SNAP who work. Ba- shown that allowing scribes to handle party-line legislation and instead ap- sically, it would deny SNAP benefits to electronic health records allows the proach the farm bill in the fair, bipar- people who earn under $16,000 a year. healthcare providers, the doctors, to do tisan manner we have in the past. Mr. Speaker, what the hell is wrong more of what they do best, which is to Mr. WOODALL. Mr. Speaker, I yield with this place? treat the patients. So we have doctors myself such time as I may consume. I agree with my friend. I think, as a These people can’t get through the treating patients rather than spending general rule, partisan approaches are year on that. That is not enough to their valuable time doing paperwork. the wrong way. This is certainly not feed one’s self or one’s family. Chairman ROE joined me in my dis- what my chairman desired. It is cer- The Republican Congress, who rushed trict last fall on a tour of the VA clinic tainly not where any of us wanted to to raise taxes on 86 million middle in White City, Oregon, where we heard end up. When folks walk away from the class families to pay for a tax cut for firsthand about the administrative table, it is where we do in fact end up. large corporations and the richest 1 challenges the VA doctors face and how This is the start of the process. This percent, is now trying to stop kids that affects their ability to care for is not the end of the process. I regret from getting school lunches and taking veterans. The underlying bill that we the way that this has sorted out for my assistance away from families strug- will bring to the floor will help. The ag friends. But we can’t do nothing be- gling with hunger. entire bill will help. This will help our cause folks have gotten up and walked This entire Congress has been one docs have more time to spend with away from the table. We have to con- long, slow march toward making life their patients. tinue to do what our constituents have harder for the poor, the hungry, and We will continue to work with the asked us to do, and this is a good step working Americans. I am tired of a VA on their implementation of this in that direction. Congress that prioritizes the rich, that program, but I am pleased that it was Mr. Speaker, I reserve the balance of looks out only for the wealthy. included in the underlying legislation, my time. The legislation we take up here Mr. Speaker. Mr. MCGOVERN. Mr. Speaker, I yield today should reflect our values. But Once again, I applaud the entire Vet- 3 minutes to the gentleman from Colo- this bill doesn’t reflect my values, Mr. erans Affairs Committee on their work rado (Mr. POLIS), a distinguished mem- Speaker. This is a farm bill that to give veterans the access to ber of the Rules Committee. doesn’t even make significant improve- healthcare they have earned and de- Mr. POLIS. Mr. Speaker, I want to ments to our agricultural programs to serve. I urge support and passage of the draw attention to provisions of this bill help farmers who are caught in the underlying VA MISSION Act and ap- which attack bedrock environmental middle of the President’s trade war. proval of the rule. laws and recklessly promote logging It is an attack on those living in pov- Mr. MCGOVERN. Mr. Speaker, I yield over clean water, recreation, and wild- erty. It trades in stereotypes to justify myself such time as I may consume. life. shredding our social safety net, and it Under this bill, somebody who is In a district like mine, where the is hell-bent on making hunger worse in working and earns like $15,800 a year holdings of the U.S. Forest Service are this country. This Republican farm bill up to like $23,000 a year, who works extensive, this bill is a critical part of is disgusting, and the process that got right now, and who currently receives helping to protect our economy, our us here is disgusting. SNAP would lose it under this. This is way of life, and the way we enjoy our By the way, just so Members are how you are rewarding their work. I public lands. clear, the average SNAP benefit is $1.40 just find that appalling. Title 8 of the bill includes blatant at- per person per meal. I say to my col- Mr. Speaker, I yield 1 minute to the tempts that undermine the Endangered leagues, you try living on that. gentleman from Illinois (Mr. SCHNEI- Species Act, NEPA, and the roadless Mr. Speaker, I reserve the balance of DER). area conservation rule. This bill allows my time. Mr. SCHNEIDER. Mr. Speaker, I rise for congressional exemptions—basi- Mr. WOODALL. Mr. Speaker, I yield today in strong opposition to the cruel cally, an earmark—to prevent environ- myself 30 seconds to say I agree with and partisan safety net cuts mental reviews and public comment my friend. Asking single, working-age, masquerading as the farm bill. periods that actually prevent commu- healthy, nondisabled men to go to The farm bill has long been a par- nities from having a say over what work is going to make their life harder. tisan cause, offering assistance and se- happens quite literally in their back- Going to work every day is hard. But I curity to farmers and needy families yard. I think that we need to make would also say to my friend that it is alike in a way that both Democrats sure that we involve our local commu- going to make their life better. It is a and Republicans can support. But this nities. This bill empowers Washington,

VerDate Sep 11 2014 02:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.030 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H3997 D.C., decisionmakers by taking that ation, and economic benefit, and the wildlife Heartwood; Kentucky Resources Council, control away from our communities. that call them home. Inc.; Kettle Range Conservation Group; It weakens the Endangered Species The federal forest provisions in the House Klamath Forest Alliance; KS Wild; La Cueva Farm Bill also run contrary to the wildfire Act by eliminating scientific expert Guardians; League of Conservation Voters; funding agreement reached only weeks ago Los Padres ForestWatch; Mass Forest Res- opinion about whether projects would in the Fiscal Year 2018 Omnibus. A deal was cue Campaign. harm endangered species and their crit- only reached after significant environmental Minnesota Division Izaak Walton League ical habitats, and it prioritizes logging concessions to pro-logging hardliners, even of America; Montana Wilderness Associa- over recreation, even going so far as though a comprehensive wildfire funding so- tion; MountainTrue; National Parks Con- shifting incentives to emphasize log- lution had solid bi-partisan support in both servation Association; Natural Resources ging over environmental restoration in chambers going into the omnibus negotia- Defense Council; Nature Abounds; Nature for other areas that support the outdoor tion. All; New Mexico Sportsmen; New Mexico Ignoring that compromise, H.R. 2 would recreation economy, one of the biggest Wild; New Mexico Wilderness Alliance; New allow logging, grazing, and many other ac- Mexico Wildlife Federation; New River Alli- sources of jobs in my district and in tivities on up to 6,000-acres—almost 10 ance of Climbers; North Cascades Conserva- my State. square miles for each single project—without tion Council; Northcoast Environmental Before the ink is even dry on the om- any NEPA review or disclosure of potential Center; Ohio Environmental Council; Olym- nibus, this farm bill threatens to re- harms. The numerous new exemptions are pic Forest Coalition; Olympic Park Associ- nege on the bipartisan wildfire budget double the size of the legislated NEPA exclu- ates; Once a Forest; Oregon Wild; Partner- deal with more proposals that weaken sion just passed in the omnibus deal and ship for Policy Integrity. protections and mitigation on our pub- they also eliminate the requirement, pre- Partnership for the National Trails Sys- served in the omnibus agreement, to con- lic lands. tem; PennFuture; Pennsylvania Council of sider cumulative effects and ‘‘extraordinary Churches; Public Lands Media; RESTORE: In my State, the 6,000-acre congres- circumstances’’ such as wilderness areas and The North Woods; Rocky Mountain Recre- sional exemption or earmark would endangered species. ation Initiative; Rocky Mountain Wild; San have a detrimental impact, but it This partisan bill also goes further than Juan Citizens Alliance; San Luis Valley Eco- would have an even worse impact on the omnibus deal on the ESA, allowing fed- system Council; Sangre de Cristo Audubon the much smaller Eastern and Mid- eral land management agencies to ‘‘self-con- Society; Santa Fe Forest Coalition; Save Our western forests, where 6,000 acres would sult’’ on whether their actions would harm Sky Blue Waters; Sequoia ForestKeeper; vastly exceed the annual sustainable threatened and endangered species even Shawnee Forest Sentinels; Sheep Mountain though such self-consultation has already Alliance; Sheltowee Trace Association; Si- maximum harvest. been declared unlawful by the courts. Addi- When the Forest Service needs to do erra Club; Sierra Forest Legacy; Sky Island tionally, it attacks the landmark Roadless Alliance; Southern Environmental Law Cen- a 6,000-acre project, it already can. It Rule, makes resource management and for- ter. needs to take input from the public est stewardship dependent on logging rev- Southern Illinoisans Against Fracturing nearby in our neighborhoods and in our enue, creating a perverse incentive, and jeop- Our Environment; Speak for the Trees; Ten- communities about how they would be ardizes fire-vulnerable communities by nessee Wild; The Enviro Show; The Lands affected. Of course, it should consider deprioritizing hazardous fuels reduction ef- Council; The Wilderness Society; Tulare how water, soil, and wildlife habitat forts in the Wildland Urban Interface. County Audubon Society; Umpqua Water- The harmful federal forest proposals in sheds, Inc.; Virginia Wilderness Committee; can be protected. this legislation solve no problem; they only For years, congressional debate over Water Stone Outdoors; West Virginia Envi- add controversy to the House Farm Bill and ronmental Council; West Virginia Highlands forest management has been framed by weaken its chances of becoming law. Conservancy; West Virginia Rivers Coalition; the need to address hazardous fuels for For all of these reasons we strongly urge West Virginia Wilderness Coalition; Western wildfires. This bill takes a step away you to OPPOSE the federal forest provisions Environmental Law Center; White Mountain from that and makes it clear that rein the House Farm Bill and any amendments Conservation League; WildEarth Guardians; form efforts weren’t actually about that further undermine environmental safe- Wilderness Workshop; Winter Wildlands Alli- guards on our federal forests. ance; Zumbro Valley Audubon. wildfire; they are about efforts to give Thank you, away our public lands to timber and Alaska Wilderness League; Allegheny De- Mr. WOODALL. Mr. Speaker, I yield other industries and silence the voice fense Project; Alpine Lakes Protection Soci- myself such time as I may consume. of residents. ety; Appalachian Voices; Arise for Social Mr. Speaker, the farm economy is Congress should stop trying to legis- Justice; Bark; Beaver Valley Preservation the biggest contributor to Georgia late logging projects and take control. Alliance; California Native Plant Society; GDP. Georgia families wake up every Washington should allow our commu- Cascade Forest Conservancy; Cascadia day back home and go out and often, in Wildlands; Center for Biological Diversity; some cases, are working land that their nities to have a say. The Forest Serv- Center for Sierra Nevada Conservation; Cher- ice has many tools today that include okee Forest Voices; Christians For The father worked before them and their local input. All Americans deserve is a Mountains; Climate Change Major Disaster grandfather worked before them. say in how our public lands are man- Declaration Campaign; Colorado Native We have had the Georgia Farm Bu- aged. Endangered species should cer- Plant Society; Conservation Colorado; Con- reau in town pleading with us to bring tainly not be sacrificed just so more of servation Congress; Conservation Northwest; some certainty to ag policy. our forests can be logged. Darby Creek Valley Association. There are two parts to a farm bill, for Defenders of Wildlife; Dolores River Boat- Mr. Speaker, I include in the RECORD all the reasons that folks who got here ing Advocates; Earth Island Institute’s John long before I did can explain: why it is a letter from over 120 conservation Muir Project; Earthjustice; Endangered Spe- groups opposed to these harmful for- cies Coalition; EnviroAce, LLC; Environ- we do a food stamp half of a farm bill estry provisions in H.R. 2, and I urge mental Protection Information Center; and an actual farmer half of the farm my colleagues to vote ‘‘no.’’ Friends of Bell Smith Springs; Friends of bill. MAY 11, 2018. Grays Harbor; Friends of Lake Monroe; It is so often true that the SNAP pro- DEAR REPRESENTATIVE: On behalf of our Friends of Plumas Wilderness; Friends of the gram gets all the conversation, Mr. millions of members and supporters we urge Bitterroot; Friends of the Inyo; Georgia Speaker. But as you heard from my you to strongly oppose the extreme and divi- ForestWatch; Grand Canyon Trust; Great friend from Colorado, while the money sively partisan federal forest provisions in Old Broads for Wilderness; Great Old Broads is not where the farmers and those the Forestry Title of the Agriculture and for Wilderness—Grand Junction Broadband; Nutrition Act of 2018 (H.R. 2), also known as Great Old Broads for Wilderness—Rio Grande farm families are, that is certainly ‘‘the House Farm Bill.’’ Valley Broadband; Great Old Broads for Wil- where the policy is. The legislation is replete with provisions derness—Select Roaring Fork Broadband; It has been true time and time again that undermine bedrock environmental laws, Greater Hells Canyon Council. that, in a collaborative, bipartisan, bi- including the National Environmental Pol- Greenvironment, LLC; Heartwood; High cameral way, we have come together as icy Act (NEPA), Endangered Species Act Country Conservation Advocates; Hoosier a House and a Senate and moved policy (ESA), and Roadless Area Conservation Rule Environmental Council; Idaho Conservation forward to provide market certainty (Roadless Rule). This bill consistently League; Indiana Forest Alliance; Izaak Wal- for those farmers. prioritizes the logging industry over all ton League Bush Lake Chapter; Izaak Wal- other forest stakeholders. It would cause ir- ton League Cass Count Chapter; Izaak Wal- You don’t always appreciate the reparable harm to our federal forests, the ton League W.J. McCabe Chapter; Kentucky farmers in your community, Mr. millions of Americans who depend on them Conservation Committee; Kentucky Envi- Speaker, when you can go to the gro- for clean drinking water, subsistence, recre- ronmental Foundation; Kentucky cery store and grab anything you want

VerDate Sep 11 2014 02:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.031 H16MYPT1 H3998 CONGRESSIONAL RECORD — HOUSE May 16, 2018 at absolutely any time you want. cap, so all of the good things in the budget cuts are nonsensical. They Those things don’t happen by accident. MISSION Act will trigger harsh, auto- don’t reflect American priorities at all. They happen with a whole lot of sweat matic cuts in the rest of VA’s budget. So get together, talk to one another, equity, a whole lot of risk-taking, and, This will force the VA to rob Peter to work through it, and figure out a way candidly, with a whole lot of prayer pay Paul. that we can make the books balance so going on across farm communities in This is not hypothetical. One year we don’t mortgage our children’s and this land. from now, these cuts will be triggered, our grandchildren’s futures but so that b 1345 and a veteran today would be right to we also keep the commitments that we ask if his favorite nurse will be laid off have made to families today. This bill responds to some of the or if the old and slow computer sys- They met for 3 months, and they marketplace needs that we are finding tems at the VA will get even older and walked out of that room having looked in the 21st century. You are going to even slower. The money has to come at hundreds of trillions of dollars in see those collaborative veins through- from somewhere in the VA’s budget. Federal spending and agreed on not one out this measure, Mr. Speaker. I hope But there is another way. The money penny of change together. I cannot tell my colleagues will look not just at the we are spending today does not have to you, Mr. Speaker—well, you remember SNAP program, but also at the cer- count against the budget cap. That how discouraging that day was. tainty that we will provide to the very budget cap was set before we ever made Moving these dollars from mandatory hardworking farm families across this these improvements to the VA. It is a spending to discretionary spending is country. separate issue, and the cap number absolutely going to put additional pres- Mr. Speaker, I reserve the balance of shouldn’t hold us back. My bill, H.R. sures on the budget process—I see my my time. 5805, would simply count the new friend from Minnesota nodding his Mr. MCGOVERN. Mr. Speaker, I want money as separate so that it does not head; he is a true champion for our vet- to thank the gentleman from Georgia bust the rest of the VA’s budget. erans—but, by golly, we have got to for his comments. I think, again, if the Mr. Speaker, both sides of this House stand up and say yes to those dollars. gentleman reads this bill, he and his are working together to improve the I got excoriated back home for voting farmers should be concerned about this VA. That is a great thing. Let’s not in favor of raising the nondefense dis- bill because it does not increase sup- make it any harder than it already is. cretionary limits, but I have to go port for our farm safety net and sup- Instead, let’s finish the job. We have to home and tell the story of how I am port prices. So we have a lot of farmers spend what it takes to get the job done. meeting promises to veterans that who are deeply concerned about that No more, but also no less. were not going to get met otherwise. I part of the bill as well. Our veterans are looking to us to have got to go home and tell the story Mr. Speaker, I am going to urge that make the VA stronger, not weaker. about how I am meeting promises for we defeat the previous question. If we The workers of the VA are depending children that weren’t going to get met do, I will offer an amendment to the upon us to give them what they need otherwise. And I have got to go home rule to bring up Representative LAMB’s for their mission. Automatic budget and tell the story of how I don’t have legislation, H.R. 5805, which provides cuts will not accomplish that mission. 218 votes to do it my way, and the only the fix needed to implement the VA I ask my colleagues on both sides to way to get anything done around here MISSION Act to ensure that it is not help us, help our veterans, and help our is in partnership. hindered by budget caps. workers. Vote ‘‘no’’ on the motion on Candidly, Mr. Speaker, we don’t have Mr. Speaker, I ask unanimous con- ordering the previous question so that a better example than the Committee sent to insert the text of my amend- my bill, H.R. 5805, can be made in on Veterans’ Affairs, Mr. WALZ’ leader- ment in the RECORD, along with extra- order. ship, Dr. ROE’s leadership. Time and neous material, immediately prior to Mr. WOODALL. Mr. Speaker, I yield time again, I see these two men go and the vote on the previous question. The SPEAKER pro tempore (Mr. myself such time as I may consume. not follow their own hearts and pas- Mr. Speaker, it is my first time on sions but try to do what is best for ev- HULTGREN). Is there objection to the the floor with our new colleague from request of the gentleman from Massa- eryone, try to find a way forward when Pennsylvania. I appreciate not just his chusetts? folks had bet against them and said There was no objection. service here, but his service to our you couldn’t find a way forward. Mr. MCGOVERN. Mr. Speaker, to dis- country in general. I feel his pain. I hear the concerns of my new col- cuss that proposal, I yield 4 minutes to It is a good bill, but it is not a per- league from Pennsylvania, Mr. Speak- the distinguished gentleman from fect bill, and we have got ways to do it. er, and I believe he is absolutely right; Pennsylvania (Mr. LAMB). I have been here 7 years. I come down we are going to run up against that Mr. LAMB. Mr. Speaker, the VA here time and time again to find good conversation next year. The question is MISSION Act is a good bill. I support bills, Mr. Speaker, and I am always will we have the courage to stand up it. frustrated that we can’t get it there. together and fund those priorities next For too long, our veterans could real- What I have determined, Mr. Speak- year. ly question whether this government er, that I will share with you and with I am looking forward to the great means it when we say that we value my friend from Pennsylvania is that outpouring of bipartisanship we are their service. We cannot erase those the reason is because you folks don’t going to see in support of the VA MIS- doubts in one day or in one bill, but we agree with me. That is what I have de- SION Act today, and I will look for- can take a positive step forward, and cided is why I can’t get to those perfect ward to the great outpouring of sup- we are doing that today. Both parties bills, because try as I might, I cannot port when the funding time comes to are doing that together. get 434 other people to agree with me make sure we are as committed to Together, we are finally giving all on everything all the time. those promises tomorrow as we are to- caregivers the tools they need for the I will tell my friend from Pennsyl- gether this afternoon. heroic work that they do. We are vania, Mr. Speaker, the most discour- Mr. Speaker, I reserve the balance of strengthening VA at its core by at- aging day I have had in this institution my time. tracting the best and the brightest to was after we passed the Budget Control Mr. MCGOVERN. Mr. Speaker, I yield work there, and we are giving veterans Act and we picked four of our finest 2 minutes to the distinguished gen- a real choice to seek the best treat- Republicans and four of our finest tleman from Minnesota (Mr. WALZ), ment anywhere, whether in or outside Democrats from the House and also the ranking member of the Committee of the VA. four from the Senate—Republicans, on Veterans’ Affairs. This is a good bill, but it is not per- Democrats—and we locked them in a Mr. WALZ. Mr. Speaker, I thank my fect. We owe it to our veterans and to room together for 3 months. We said: friend from Massachusetts and my the taxpayers to explain how we will Look at some of these mandatory friend from Georgia. We are going to pay for this. spending programs like you have see some camaraderie down here. I There is a strict cap on VA’s budget, talked about. Look at the discre- agree with the gentleman on this. And and the MISSION Act will bust that tionary programs. Across-the-board I thank Mr. LAMB for pointing out

VerDate Sep 11 2014 02:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.033 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H3999 clearly what needs to be done to this Federal food assistance program known I am from Vermont where we have bill. as SNAP. Close to two-thirds are chil- lots of folks who need help, and we Mr. Speaker, I rise today in opposi- dren, the elderly, and the disabled. have lots of Vermonters who, with very tion to the rule. This is one of those However, this partisan bill would re- little money, with enormous volunteer cases, and I think this is important on duce SNAP benefits by $23.3 billion, de- effort, are doing things that put meals, the rule, because, Mr. Speaker, we may nying hundreds of thousands of Amer- good meals, on the tables of those fam- know it in here, but for Americans who ican families who rely on this food sup- ilies. are watching this, the rule is how we port. Millions more will see their bene- Don’t pass this farm bill that takes have this debate. And this is an honest fits reduced because Republicans are that nutrition away from our debate. recklessly increasing the burden on re- Vermonters and our American citizens. To be absolutely clear, there is no cipients and changing eligibility re- Mr. WOODALL. Mr. Speaker, I yield one in this Chamber who disagrees on quirements. myself such time as I may consume. the care for veterans. How we get there In December, Republicans passed a Mr. Speaker, my friend from Min- is what is different. On these amend- tax bill benefiting the wealthiest nesota mentioned folks who might be ments that Mr. LAMB was proposing to Americans and the most powerful cor- watching this debate from their offices offer or other things that we would like porate special interests. This Repub- or from their homes. I think it is a to bring up to fix this, we should de- lican tax scam increases our national shame that we don’t often get to the bate it here. debt by $2 trillion over the next 10 core of what some of our disagreements Dr. ROE, the chairman of the Com- years, and now our Republican col- are. mittee on Veterans’ Affairs, did this. leagues are hypocritically trying to As we sit here today, it is a fact that He had an open rule. I brought up my pay for these huge tax cuts for the there are more job openings in America amendment, it was debated, and I lost. wealthy by taking away resources for than at any other time in American That is democracy. I understand that. Americans who need them most. history. That is a fact. But it is the conversation that brings Republicans are using this formerly It is a fact that, as we sit here get- our Members in that gets us to con- bipartisan process to continue to un- ting ready to move further into the sensus. dermine the well-being of children, the new millennium, there are more able- So, by structuring a closed rule—for elderly, and the disabled to give gifts bodied single men out of the workforce the American people watching this, we to the wealthy. This goes against ev- than ever before—that is a fact—folks already know what the score is of this erything we stand for as a country. who have decided not to work. game. We already know what is going Mr. Speaker, I urge my colleagues to Now, there is no disagreement in this to happen ahead of time. It is in this oppose the rule and to oppose the bill. body about providing food assistance to deliberative body that we should be Mr. WOODALL. Mr. Speaker, I re- hungry kids—none. None. The disagree- having a detailed debate on this very serve the balance of my time. ment in this body is whether or not, proposal and then voting it down. Mr. MCGOVERN. Mr. Speaker, I yield I think we say it because of time; we 2 minutes to the gentleman from with more job openings than ever before in American history, with more say it because of constraint; we say it Vermont (Mr. WELCH). because we want to control the flow of Mr. WELCH. Mr. Speaker, this farm employers saying they cannot find what happens here. Well, maybe the bill is outrageous. What it is doing is workers, with more employers saying American people don’t want that flow a breaking what has been traditionally a ‘‘we need to find new visa programs to little bit. bipartisan commitment to including a get unskilled labor into America be- We should have this debate, and I nutrition title that helps people in all cause we don’t have enough unskilled will accept losing an argument. What I of our districts who need the food. This workers to do the work here in Amer- cannot accept is five people up in a bill has had no process. It is a continu- ica’’—should the working families who room up on the third floor here making ation of an effort to ratchet down any pay the bills in this country support something out of order that is clearly help that Americans need. able-bodied, childless, healthy men? in order, and whether it is accepted or That healthcare bill was going to b 1400 help on healthcare by taking it away not should at least be debated. That is part of the question, and I So I don’t disagree with the gentle- from 24 million people. This nutrition would think that is something on man’s assessment. He is right about us bill, supposedly, is going to help people which we can agree. But we are not trying to find common ground. There is by taking $23 billion worth of benefits going to have that pointed conversa- going to be a lot of support on this away from children, veterans, the el- tion, Mr. Speaker, because there are piece of legislation when it comes up, derly, and the disabled who need that more sympathetic targets to go after. but I think not having an open rule and food. If you walk in to a USDA facility or an honest debate is selling us short Why? your State facility that is adminis- from getting toward a more perfect Well, there is a reason. We passed a trating and you apply for food stamps, bill—not perfect, a more perfect bill. tax cut. By the way, it wasn’t paid for. Mr. Speaker, I encourage my col- $2.3 trillion added to the deficit for a Mr. Speaker, if you qualify for food leagues to vote ‘‘no’’ on this closed tax bill where 87 percent of the benefits stamps, you will get them. You heard rule. go to wealthy multinational corpora- my friend from Massachusetts ref- Mr. WOODALL. Mr. Speaker, I do not tions and individuals earning over erence categorical eligibility. That have any further speakers remaining, $890,000 a year. means if you qualify for a different so I am prepared to close when the gen- Well, the bill has come due, and we benefit, not food stamps, we will throw tleman from Massachusetts is, but I have a proposal here to come up with in food stamps, too. will reserve the balance of my time. $23 billion to pay for it, and that is Well, now, to be fair, that idea came Mr. MCGOVERN. Mr. Speaker, we taking meals off the table of disabled about in some conservative circles, as aren’t done, so if the gentleman would people. well, to say let’s eliminate some of the like to yield me some time, that would And, by the way, the work require- paperwork requirements. Let’s make it be great. ment, what is it really? Because that easier for folks to apply for a whole Mr. Speaker, I yield 1 minute to the sounds good. host of benefits. But categorical eligi- distinguished gentleman from Rhode By the way, who doesn’t want to bility, as it exists today, Mr. Speaker, Island (Mr. CICILLINE). work? Everybody wants to work. You says you don’t qualify for the benefit Mr. CICILLINE. Mr. Speaker, I rise need a job. on your own, but you do if you—if you in opposition to the rule and the under- We are going to pay for this so-called qualify for a second benefit, we will lying Republican farm bill, which could work requirement by taking money give you this one as well. devastate working families, seniors, away from nutrition, paying bureau- Mr. Speaker, saying that you are and the vulnerable who rely on food as- crats, and giving them the impossible going to eliminate categorical eligi- sistance. job of putting people who are not able bility is to say you are going to give Currently, more than 41 million to work into jobs that don’t exist. Talk food stamps to people who qualify for Americans receive benefits through the about cynical; that is what this bill is. food stamps. You are going to give

VerDate Sep 11 2014 02:52 May 17, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.035 H16MYPT1 H4000 CONGRESSIONAL RECORD — HOUSE May 16, 2018 SNAP benefits to people who qualify of those great pieces of legislation for and Training (E&T) programs. The bill would for SNAP benefits. If one wants to ex- workforce development. And I want to provide a new federal E&T grant of $1 billion pand the pool of people who qualify for talk about some myths. per year to finance the newly mandated work program, which comes out to less than SNAP benefits, that is a debate that we There is a myth that the majority of $30 per person per month. Upon what evi- can have. people on SNAP aren’t working or dence and or best practices has this number But time and time again, Mr. Speak- won’t work in a year. That is a myth. been arrived at? Does the USDA believe this er, there are things on which we agree Two-thirds of SNAP recipients are chil- is sufficient? If not, what does the USDA in this Chamber. Programs should fol- dren, seniors, and people with disabil- think is sufficient to implement a meaning- low the rules that programs have. Peo- ities. People don’t realize that. And ful workforce development program and ple who qualify should get benefits. there are 6 million unfilled jobs. So, for move people into work? People who don’t qualify shouldn’t. The Congressional Budget Office (CBO) me, the problem with this bill, the big- analysis says it would take a decade to set We are going to continue to have this gest problem is that it was a missed op- up a program for everyone to get a work conversation in the next couple of portunity. slot. If state E&T costs are greater than days, and it is going to continue to be If we are truly serious about employ- their annual federal grant, will states bear highlighted as a source of vast dis- ing people who are returning from pris- the additional costs associated with oper- agreement among us. But if we were on, people who maybe have a dis- ating the work programs? What breakdown having this same conversation back does USDA expect in administration ex- ability— penses between job training, IT, administra- home around the dinner table, if we The SPEAKER pro tempore. The were having this same conversation tive costs, and other programs? What are the time of the gentlewoman has expired. ramifications for states of not fully imple- back home at a local park or veterans Mr. MCGOVERN. Mr. Speaker, I yield menting their work programs? organization, we would say the very an additional 1 minute to the gentle- What additional capacity would USDA re- same thing: Hungry kids should have woman from Delaware. quire to oversee this new work program? access to food, on this we agree; and Ms. BLUNT ROCHESTER. Mr. Would states experience increased adminis- healthy, childless working age men trative costs under this proposal? Speaker, if we are truly serious, then When specifically will we hear the results should have access to a job, on this we we will come to the table. But when agree. from the 2014 Farm Bill SNAP E&T Pilot the table is set in stone, then we don’t Projects? Under current law, what are your Mr. Speaker, I reserve the balance of get an opportunity to really work on expectations for sharing these findings and my time. those things that will support the building them into USDA oversight of state Mr. MCGOVERN. Mr. Speaker, I yield American people. E&T? If H.R. 2 were to be enacted as pro- myself 1 minute. posed, when will you be able to incorporate Mr. Speaker, I would encourage my The other piece that was dis- the findings from the pilot projects into the colleague to read the bill. Broad-based appointing to me is, I came to this as SNAP program, based on how this bill is categorical eligibility gives States the a person who wanted to be on this com- written? flexibility to offer people who are mittee because of its bipartisan nature I appreciate your timely consideration and struggling—more people, the SNAP and that the American people are wait- the work you do for farmers, families, and communities across the country. benefit. There are many States, including and watching to see us come together for them. This is a loss of con- Sincerely, ing mine, that basically offer SNAP to LISA BLUNT ROCHESTER, people who are at 200 percent of the fidence, and it is also a missed oppor- Committee Member, poverty level. That is about $24,000. tunity. House Committee on Agriculture. This bill changes the criteria. I am excited and hopeful that we will Mr. WOODALL. Mr. Speaker, I yield So you could be working and making come together because the people are myself such time as I may consume. anywhere from $24,000 to like $15,900, watching. Mr. Speaker, I agree very much with and, right now, you are working and Mr. Speaker, I include in the RECORD what my friend had to say. She may be that is what you make and you are eli- a letter that I wrote to Secretary a freshman, but she has got a lot of ex- gible for SNAP. This bill says you no Perdue, because there were a lot of perience working in departments of longer can get that benefit. These are questions and assumptions that were labor putting people to work, and I people who work, and this bill takes never answered even in our markup. think that is a goal that we all share. this nutrition benefit away from them. CONGRESS OF THE UNITED STATES, And, again, it is a missed oppor- I don’t know how anybody could HOUSE OF REPRESENTATIVES, tunity. Undeniably, that is true, and think that that is a good thing to do. I Washington, DC, May 11, 2018. there is lots of blame to go around Hon. SONNY PERDUE, don’t know how that reward works. about why it is a missed opportunity. What that does is punish people. That Secretary of Agriculture, U.S. Department of Agriculture, Washington, DC. Again, my friend from Massachusetts punishes individuals who are doing ev- DEAR SECRETARY PERDUE: I am writing to and I, we are going to go back up to the erything they possibly can to try to request that the U.S. Department of Agri- Rules Committee this afternoon. We make ends meet. culture (USDA) respond to my inquiries re- are going to make some more amend- And a lot of people, by the way, who garding H.R. 2, the Agriculture and Nutri- ments in order. We are going to work qualify for SNAP who aren’t working, tion Act of 2018, which is also known as the harder to try to perfect this bill. qualify maybe for a month or two be- Farm Bill. As a member of the House Com- But walking away from the table has cause they are out of work for only a mittee on Agriculture, I am one of 46 Mem- consequences. Setting lines in stone month or two. This idea that SNAP bers sitting on the committee of jurisdiction has consequences. We are not going to for this legislation. Given the breadth of the creates this culture dependency is just proposed changes in the Farm Bill, I want to get the best work product in this a myth. The majority of people on take this opportunity to reach out to the Chamber when anybody walks away SNAP work—who are able-bodied work. agency that will be responsible for imple- from the table. I am just going to stip- I want to make that point clear. menting the provisions in the bill. ulate that is true. We never ever will. Mr. Speaker, I yield 1 minute to the During the markup of the Farm Bill on But while my friend identified that gentlewoman from Delaware (Ms. April 18, 2018, my colleagues on both sides of the program benefits the elderly, the BLUNT ROCHESTER). the aisle were only able to direct questions disabled, and children, and she is right, Ms. BLUNT ROCHESTER. Mr. to Chairman Conaway. However, I believe it and it does, and I support that, she Speaker, I rise in opposition to the rule is essential that we hear from the experts in- didn’t mention those able-bodied, and the underlying bill. I originally volved in running these programs to ensure we are advocating for policies that are evi- healthy, childless men who also benefit had some things written down on dence-based. As a result, I respectfully ask from the program. And we do those paper, but based on the last comments, that you address the following questions and men a disservice, not a service, when I just want to echo the sentiments of provide a timely response. we make that benefit available in the my colleague and also share that I WORKFORCE PROGRAMS absence of job searching. served as Secretary of Labor in the My understanding is that we would need Categorical eligibility—we talk State of Delaware. I served as head of anywhere between three to five million more about it today like it is a word that we State personnel. slots in workforce training programs across are hearing for the very first time. As Jobs are important to us. I had the the country if all eligible SNAP participants my colleagues who were here remem- opportunity to work on WIA, WIOA, all would like to enroll in SNAP Employment ber, we have already been to the table

VerDate Sep 11 2014 00:51 Aug 10, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD18\MAY\H16MY8.REC H16MY8 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4001 on categorical eligibility. As my friend to three times more likely to experience food to work—such as accessible transportation, from Massachusetts referenced, States insecurity than families that have no mem- supported employment, and personal care that have nothing to lose by giving bers with disabilities. Similarly, people expe- aide services. People with disabilities often away Federal money were gaming the riencing food insecurity have increased like- want to work, but need additional supports lihood of chronic illness and disability. and services to obtain and keep jobs, in addi- system by giving away a dollar in SNAP is vitally important for people with tion to facing discrimination and misconcep- State benefits so that folks could qual- disabilities and their families. By increasing tions about their ability to work. ify for hundreds of dollars in Federal access to adequate, nutritious food SNAP Underfunded work programs would be woe- benefits. plays a key role in reducing hunger and help- fully inadequate to meet training needs. Pro- Well, we came together in a bipar- ing people with disabilities to maximize posed new investments in SNAP employment tisan way and said: Hey, that is not their health and participate in their commu- and training programs—funded in large part right. That is not right. Folks should nities. by benefit cuts—amount to only about $30 Using an inclusive definition of ‘‘dis- per person per month. This amount would be have skin in the game. We should be ability,’’ in 2015 an estimated 11 million peo- grossly insufficient to provide adequate em- working at this together. It shouldn’t ple with disabilities of all ages received ployment services for people subject to probe a giveaway program. It should be a SNAP, representing roughly one in four posed new work requirements, including job- helping program. We should be making SNAP participants. seekers with disabilities. a difference in people’s lives. Roughly 4.4 million households with non- New reporting requirements would create We did that in a collaborative way. elderly adults with disabilities received major hurdles to benefits. Proposed new re- We can come back and tell the story SNAP in 2016. porting requirements related to eligibility, Non-elderly adults with disabilities who re- differently today, but we remember employment and training, and time limits ceive SNAP have very low incomes, aver- would be extremely difficult for many people coming together and doing that, and aging only about $12,000 per year in 2016. with disabilities to navigate and comply we can come together and do that SNAP benefits are extremely modest, aver- with. For example, ending a decades-old sim- again, Mr. Speaker. This isn’t going to aging $187 per month for non-elderly people plification measure and instead requiring be our last opportunity. We are going with disabilities in 2016—or just $6 per day. people to share utility bills with the SNAP to have another opportunity. Existing SNAP time limits are harsh, un- office—or else, see their benefits reduced—is Nothing goes to the President’s desk fair, and harm many people with disabilities harsh, unnecessary, and burdensome both for and their families by cutting off essential unless we get 10 Democrats in the SNAP participants and states. food assistance. Federal law currently limits If Congress wishes to explore meaningful United States Senate to get on board SNAP eligibility for adults between the ages opportunities for SNAP participants to in- and do it. Collaboration is not the ex- of 18 to 49 without dependents to just three crease self-sufficiency through employment, ception. It is the rule to get things to months out of every three years—unless they we recommend awaiting the results of the the President’s desk and to pass new can engage in work or job training activities Employment & Training pilot projects au- laws of the land. at least half time, or qualify for an exemp- thorized under the 2014 Farm Bill. The U.S. I wish we could talk more about what tion. These provisions cut off food assistance Department of Agriculture (USDA) awarded those successes are, how we found at a time when people need it most and do pilot grants in 2015, all 10 state programs are those successes in the past, and how we not result in increased employment and operational, and evaluation activities will earnings. At least 500,000 low-income individ- remain committed to finding those operate through 2021. Already, a number of uals nationwide lost SNAP in 2016 due to this pilot states have cited multiple barriers successes again in the future. time limit. faced by participants, including ‘‘health Mr. Speaker, I reserve the balance of Many people with disabilities are already issues.’’ It will be important for USDA and my time. hurt by SNAP time limits, despite existing the evaluators to carefully explore the expe- Mr. MCGOVERN. Mr. Speaker, may I exemptions for people who receive govern- riences and outcomes of people with disabil- ask how much time I have left. mental or private benefits on the basis of a ities and their families in these pilot pro- The SPEAKER pro tempore. The gen- disability or are able to document that they grams. Congress should await the final pilot are ‘‘physically or mentally unfit for em- tleman from Massachusetts has 41⁄2 evaluations before considering any changes ployment.’’ For example, in a study of SNAP minutes remaining. The gentleman in these areas. participants subject to time limits referred We call on you to reject proposals that from Georgia has 10 minutes remain- to participate in work activities in Franklin would weaken SNAP’s effectiveness as our ing. County, Ohio, one-third reported a ‘‘physical nation’s foremost anti-hunger program by Mr. MCGOVERN. Mr. Speaker, I in- or mental limitation’’. limiting access, reducing benefits, or cre- clude in the RECORD a letter from the Cutting off food assistance from SNAP ating administrative hurdles. We urge all Consortium for Citizens with Disabil- would only make it harder for people to Members to vote no on the Agriculture and ities, who are very strongly opposed to work and increase their economic self-suffi- Nutrition Act of 2018 as approved by the Ag- this farm bill. ciency. We strongly oppose any action that riculture Committee on April 18, and instead would cut off or reduce SNAP benefits, nar- to work on a bipartisan basis to strengthen CONSORTIUM FOR CITIZENS row eligibility, or force more people to navi- and protect SNAP as part of the Farm Bill. WITH DISABILITIES, gate harsh and unnecessary program rules, Sincerely, Washington, DC, May 7, 2018. including people with disabilities and their CCD members: Re H.R. 2, Agriculture and Nutrition Act of families. ACCSES, Allies for Independence, Amer- 2018 (Farm Bill). In particular, we are concerned that the ican Association of People with Disabilities, Hon. PAUL RYAN, Farm Bill advanced by the House Committee American Association on Health and Dis- Speaker, House of Representatives, on Agriculture on April 18, 2018 includes a ability, American Diabetes Association, Washington, DC. number of provisions that would harm people American Foundation for the Blind, Amer- Hon. NANCY PELOSI, with disabilities and their families. Small in- ican Network of Community Options and Re- Minority Leader, House of Representatives, creases in the proposed bill are insufficient sources (ANCOR), American Psychological Washington, DC. to make up for significant benefit reduc- Association, Association of University Cen- DEAR SPEAKER RYAN AND LEADER PELOSI, tions. ters on Disabilities (AUCD), Autism Society, The undersigned members of the Consortium New work requirements with highly puni- Autistic Self Advocacy Network, Bazelon for Citizens with Disabilities (CCD) urge you tive rules would cut off SNAP benefits for Center for Mental Health Law, Brain Injury to continue the longstanding bipartisan com- many people—including in families with Association of America, Center for Public mitment to protect and strengthen the Sup- children, adults, and seniors with disabil- Representation, Christopher & Dana Reeve plemental Nutrition Assistance Program ities. It may seem simple to assert that Foundation, Community Legal Services of (SNAP) by rejecting proposals to restrict eli- ‘‘people with disabilities will be exempt,’’ Philadelphia, Council of Administrators of gibility, reduce benefits, cap or reduce fund- but converting such a statement into an ef- Special Education, Disability Rights Edu- ing, or make harmful structural changes to fective policy process is complicated, expen- cation & Defense Fund, Division for Early SNAP in the Farm Bill. sive, and fundamentally flawed. Many people Childhood of the Council for Exceptional CCD is the largest coalition of national or- with disabilities receive SNAP, but do not Children (DEC), Easterseals. ganizations working together to advocate for meet SNAP’s statutory definitions of ‘‘dis- Epilepsy Foundation, Institute for Edu- federal public policy that ensures the self-de- ability’’ or have not been so identified. cational Leadership, The Jewish Federations termination, independence, empowerment, Under SNAP, states have no obligation to of North America, Justice in Aging, Lu- integration and inclusion of children and help people prove they are exempt, even if theran Services in America Disability Net- adults with disabilities in all aspects of soci- they have difficulty obtaining the necessary work, National Alliance on Mental Illness, ety. records or verification from a doctor. In ad- National Association of Councils on Develop- In the United States, all too often food in- dition, states are under no obligation to en- mental Disabilities, National Association of security and disability go together. Families sure that people with disabilities have access State Directors of Special Education that include people with disabilities are two to the full array of services they might need (NASDSE), National Association of State

VerDate Sep 11 2014 02:52 May 17, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.038 H16MYPT1 H4002 CONGRESSIONAL RECORD — HOUSE May 16, 2018 Head Injury Administrators, National Com- one lost job, one medical emergency, one alition of over 60 child advocacy orga- mittee to Preserve Social Security and Medi- broken water heater away from hunger. Con- nizations opposed to the bill. care, National Disability Institute, National sider: MAY 9, 2018. Disability Rights Network, National Down A study by the Federal Reserve shows that DEAR REPRESENTATIVE: As child advocates Syndrome Congress, National Organization nearly half of all Americans couldn’t come in the areas of hunger and nutrition, pov- of Social Security Claimants’ Representa- up with $400 for an emergency expense. erty, health, welfare, housing, and edu- tives (NOSSCR), School Social Work Asso- Another study from the National Center cation, we are writing to express our opposi- ciation of America, SourceAmerica, TASH, for Children in Poverty shows that nearly tion to the Agriculture and Nutrition Act of The Arc of the United States, United Spinal half of all children in the United States live 2018 (H.R. 2), which will harm the millions of Association. ‘‘dangerously close’’ to the poverty line. 6 in children who rely on federal nutrition pro- Joined by: 10 Americans will spend at least one year of grams, including the Supplemental Nutrition Lakeshore Foundation. their lives in poverty. And in another survey recently conducted Assistance Program (SNAP) for access to Mr. MCGOVERN. Mr. Speaker, I yield on behalf of No Kid Hungry, two-thirds of consistent, healthy food. In the interests of 1 minute to the gentlewoman from low-income parents said they would not be our nation’s babies, children and youth we Michigan (Mrs. LAWRENCE). able to afford enough food for their families strongly urge you to vote NO on H.R. 2. Mrs. LAWRENCE. Mr. Speaker, I rise if they were hit with a single, unplanned ex- SNAP is a proven anti-hunger and anti- today to speak out against this terrible pense of $1,500. poverty program for children, which also lowers the odds of household and child food farm bill. These are families trying to do their best to survive. These are the families we all insecurity, and of children’s anemia, poor Mr. Speaker, we were working to- know. It’s the single working mom in Cali- health, hospitalization for failure to thrive, gether, Democrats and Republicans, to fornia, worried about whether to pay the and developmental delays. Research has also work on a farm bill. Unfortunately, the electricity bill or pay for groceries this found that receiving SNAP in early child- Republicans are putting all of our con- month. It’s the grandmother trying to raise hood improved high school graduation rates, stituents in danger by making this bill her grandkids in Appalachia. And it’s the adult earnings, and adult health. Today, purely a political agenda. military veteran trying to find enough work nearly 20 million children participate in At the last minute, after working to- hours to support his son in Central Pennsyl- SNAP, representing 44 percent of the pro- vania. gether and reaching consensus, the Re- gram’s recipients and receiving nearly half And while this legislation includes some of every SNAP dollar. In addition, school publicans decided to include major dev- needed improvements to the Supplemental breakfast and lunch programs provide many astating cuts to SNAP, or food stamps, Nutrition Assistance Program (SNAP), such of these same children a nutritious morning instead of helping rural and urban as increasing asset limits and indexing them and lunchtime meal each day. Because chil- Americans. to inflation, these changes are significantly dren experience both poverty and food inse- This bill cuts SNAP by $23 billion, outweighed by harmful ones, such as elimi- curity at higher rates than the general popu- which will kick 1 million households nating Broad Based Categorical Eligibility lation, federal nutrition programs such as (BBCE) and increasing administrative bur- SNAP and school meals are critical supports off the program. The bill will also kick dens on states and imposing penalties on 265,000 kids out of free school meals that help them develop, learn, and succeed. adults who are unable to comply with the ex- To that end, we are very concerned about the and reduce benefits for millions of fam- panded work requirements in a given month. impact H.R. 2 would have on our nation’s ilies. We believe a good job is the best pathway children. In fact, several provisions in the In Michigan 1.3 million people rely on out of poverty, but there is little reason to Nutrition Title of H.R. 2 directly threaten SNAP and it keeps 141,000 children out think the policies in this Farm Bill will in- access to vital nutrition programs for the crease employment. It imposes harsh pen- countless children and youth that we rep- of poverty. This bill includes so many alties on beneficiaries who drop below the re- other programs in my district. resent: quired number of hours in a month, locking Drastic Program Eligibility Changes: H.R. The SPEAKER pro tempore. The them out of SNAP for a full year the first 2 Makes several harmful changes to state op- time of the gentlewoman has expired. time and 3 years if it happens again. imagine tions that simplify SNAP eligibility require- a single mom barely getting 20 hours of work Mr. MCGOVERN. Mr. Speaker, I yield ments to improve access to SNAP for poor a week whose child gets strep throat or the an additional 30 seconds to the gentle- and low-income families with children. flu. Or the rural dad whose car breaks down. woman from Michigan. These changes would: Or the 55-year-old house cleaner whose back Mrs. LAWRENCE. Mr. Speaker, my Expose Low-Income Children to a SNAP goes out. district supports urban farmers and This is all counterintuitive. Adding hur- ‘‘Benefit Cliff’’: H.R. 2 eliminates Broad food banks so our farmers and people dles and punitive restrictions won’t help peo- Based Categorical Eligibility (BBCE), which can thrive. We should not put all of ple find jobs or get back on their feet. But it gives states additional flexibility and efficiency in granting SNAP eligibility. This this in danger. will increase hunger and hardship for many families. change will reinstate a benefit cliff in a ma- Mr. Speaker, I call on Republicans jority of states, jeopardizing food assistance today to stop, to remove this terrible In addition, the Congressional Budget Of- fice also reports that this legislation will for 400,000 households who are scraping by on proposal for SNAP with this poisonous lead to more than 265,000 kids losing free earnings just above 130 percent of the Fed- bill. school meals during the school year, a dou- eral poverty line. Mr. WOODALL. Mr. Speaker, I con- ble whammy for poor, working families. Re- Undermine the Ability of Poor and Low-In- tinue to reserve the balance of my search demonstrates the deep connections come Families with Children to Build Sav- time. between hunger and health, particularly for ings: Similarly, the virtual elimination by H.R. 2 of Categorical Eligibility will mean Mr. MCGOVERN. Mr. Speaker, I in- children. When kids don’t get the fuel they need to nourish their developing minds and many states will have to introduce a coun- clude in the RECORD a statement from terproductive and costly process of asset No Kid Hungry, Share Our Strength, an bodies, they are more likely to get sick and do poorly in school, and they are much less testing for SNAP eligibility. As a result, initiative strongly opposed to this bill. likely to access a future free from poverty. H.R. 2 would cause many families to lose eligibility solely because of red tape, and force [From No Kid Hungry, May 15, 2018] We urge members of the House of Rep- resentatives to take a stand for children and other families choose between meeting their CONGRESS MUST VOTE NOONFARM BILL families and oppose this legislation.’’ basic need for food and building up the sav- WASHINGTON, DC.—This week the House of ings and resources that would help them ABOUT NO KID HUNGRY Representatives will vote on the Agriculture achieve economic mobility. and Nutrition Act of 2018 (H.R. 2), also No child should go hungry in America, but Threaten Poor and Low-Income Children’s known as the Farm Bill. The following is a 1 in 5 kids will face hunger this year. Using Access to School Meals: Under current law, statement from Share Our Strength’s Senior proven, practical solutions, No Kid Hungry is children who receive SNAP are directly cer- Vice President Lisa Davis about the harmful ending childhood hunger today by ensuring tified for free school meal programs. These impact the bill would have on struggling that kids start the day with a nutritious meals help combat childhood hunger, while families in America. Share Our Strength of- breakfast, are able to get the nutrition they playing an important role in improving aca- ficially opposes the bill. need during the summertime, and families demic achievement and test scores and re- ‘‘This week, the House of Representatives learn the skills they need to shop and cook ducing absenteeism, tardiness, and discipline will vote on the Farm Bill. On balance, this on a budget. When we all work together, we referrals. By forcing families off of SNAP bill will ultimately increase poverty and can make sure kids get the healthy food they due to changes in categorical eligibility, hunger in the United States and Share Our need. No Kid Hungry is a campaign of na- H.R. 2 would break this vital link between Strength cannot support it. tional anti-hunger organization Share Our SNAP receipt and school meals for low-in- Thirteen million children today are grow- Strength. come and poor children. As a result, some ing up in families that worry about hunger. Mr. MCGOVERN. Mr. Speaker, I in- 265,000 children stand to lose access to free Even more live in families on the brink, just clude in the RECORD a letter from a co- school meals.

VerDate Sep 11 2014 02:52 May 17, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.016 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4003 Undermine SNAP benefits for Poor and order receive SNAP benefits—a drastic nency, National Consumers League, National Low-Income Children Whose Families Rely change from current law, under which 45 Council of Jewish Women, National Diaper on the Low-Income Home Energy Assistance states, DC, and the Virgin Islands have de- Bank Network, National Health Law Pro- Program (LIHEAP): LIHEAP is a program clined to link the two. Yet H.R. 2 effectively gram. that helps low-income households afford eliminates existing state flexibility around National Human Services Assembly, Na- their monthly utility bills. Under current CSE cooperation, meaning parents who tional Indian Child Welfare Association, Na- law, some states allow households to use would like to apply for SNAP but are afraid tional Migrant Seasonal Head Start Associa- LIHEAP benefits greater than $20/month as of CSE requirements which would link them tion, National Network for Youth, National proof of significant energy expenses, cre- to their abusers are forced to choose between PTA, National Urban League, National WIC ating a streamlined method for families to safety and feeding their children. Association, National Women’s Law Center, access a modest increase in their SNAP ben- Children in Military and Veteran Families: Oral Health America, Parents as Teachers, efit. However, H.R. 2 removes this option for Many veteran and military families need Partnership for America’s Children, households that do not have an elderly mem- help feeding themselves and their children. PolicyLink, Prosperity Now, Public Advo- ber, effectively requiring poor and low-in- Today, households that include a veteran cacy for Kids, Racial and Ethnic Health Dis- come families with children to provide sub- with a disability are nearly twice as likely parities Coalition. stantial documentation of energy bills on a to lack access to adequate food as house- RESULTS, Sargent Shriver National Cen- frequent basis for caseworkers to determine holds that do not include someone with a ter on Poverty Law, SchoolHouse Connec- their utility allowance, which could discour- disability, and sadly, food insecurity rates tion, Share Our Strength, Social Advocates age them from seeking the larger benefit or are nearly double among post–9/11 veterans. for Youth San Diego, SparkAction, StandUp decrease its size. Furthermore, currently-serving military For Kids, The Criminalization of Poverty Harsh Work Requirements: Under current families often experience food insecurity be- Project at the Institute for Policy Studies, law, existing SNAP work requirements cause of financial emergencies, low pay, and The National Association for Bilingual Edu- aimed at childless adults already have unin- crisis levels of chronic unemployment or cation, The W. Haywood Burns Institute, tended and harmful consequences for chil- underemployment of military spouses in a UnidosUS, Western Regional Advocacy dren (for instance, those who rely on pooled society where most families need dual in- Project, Youth Villages, YWCA USA. resources from extended family and Non- comes to live. By subjecting these parents, Mr. MCGOVERN. Mr. Speaker, I in- Custodial Parents) and youth (such as those including those suffering from PTSD, to the clude in the RECORD a letter from the aging out of foster care.) Yet in spite of lim- new work requirements, H.R. 2 penalizes National Education Association ited supporting evidence, H.R. 2 intensifies families in need who have already sacrificed and expands work requirements, reduces so much for our nation. strongly opposed to this bill. state flexibilities for exemptions, and re- Youth aging out of foster care and unac- NATIONAL EDUCATION ASSOCIATION, quires states to implement costly training companied, homeless youth: Youth aging out Washington, DC, May 15, 2018. and employment programs that will take of foster care often face various challenges, DEAR REPRESENTATIVE: On behalf of the funds from food benefits to support a bu- including homelessness, difficulty affording three million members of the National Edu- reaucracy that will not provide quality serv- education, and finding employment. Unac- cation Association and the 50 million stu- ices to people. The consequences of these companied homeless youth and young adults dents they serve, we strongly urge you to changes could be devastating for countless (who lack safe stable housing and who are VOTE NO on the Agriculture and Nutrition children and youth, including: not in the care of a parent or guardian) expe- Act of 2018 (H.R. 2) and oppose any amend- The 13.4 million school-aged children on rience similar difficulties, especially when ments that further weaken the Supplemental SNAP: H.R. 2 takes the unprecedented step they reach age 18. Existing SNAP work re- Nutrition Assistance Program. This bill of expanding work requirements to adults quirements already create a substantial bar- makes unnecessary changes to eligibility re- with school-aged children. This provision rier for these young people from accessing quirements that could reduce the number of risks the wellbeing of children whose parents food assistance, because they technically students certified for free school meals. The or guardians are: 1) acting as a caretaker for meet the definition of a childless adult. bill also imposes additional work require- a loved one such as a child with a disability; Under the harsh requirements in H.R. 2, ments for adults that will make it harder for 2) have physical or mental health disabilities these vulnerable young adults will face even some people to get or keep critical nutrition that don’t qualify as a disability under the larger obstacles to food assistance. benefits. Votes associated with this issue legal definition; 3) face substantial barriers The Farm Bill represents an important op- may be included in NEA’s Report Card for to work, including substance abuse issues or portunity for policy solutions that will the 115th Congress. domestic violence; 4) working but struggling strengthen and improve nutrition programs The Farm Bill, as this reauthorization is to meet the 20 hour per week threshold or for our nation’s children. Instead, H.R. 2 is commonly known, provides funding for the the burdensome documentation require- slated to reduce spending on SNAP benefits Supplemental Nutrition Assistance Program ments; and 5) have difficulty obtaining by more than $20 billion over 10 years and (SNAP), which is our nation’s largest anti- childcare or transportation. For these par- will disproportionately hurt children hunger program. By providing monthly bene- ents or guardians, losing SNAP translates to through its harmful provisions. We urge you fits to eligible low-income people to pur- a benefit cut for their whole household, to protect our nation’s children and vote NO chase food, SNAP plays a critical role in re- meaning there will be less food on the table on H.R. 2. ducing hunger, malnutrition, and poverty, for their children. Some parents and guard- Thank you for your time and attention. and improving family security, child and ians may also erroneously believe that their Signed, adult health, and employment. SNAP inability to meet these new work require- 1,000 Days, African American Health Alli- reaches key vulnerable populations—78 per- ments makes their children ineligible for ance, Afterschool Alliance, American Acad- cent of SNAP households include a child, an SNAP as well, and as a result opt out of ap- emy of Pediatrics, Arizona Council of Human elderly person, or a person with disabilities; plying for or renewing benefits for the entire Service Providers, Association of Farm- 84 percent of all SNAP benefits go to such family. worker Opportunity Programs, Campaign for households. SNAP lifted 3.6 million Ameri- In addition, children in very vulnerable Youth Justice, Center for Law and Social cans out of poverty in 2016, according to the families may be impacted by the new re- Policy (CLASP), Child Care Aware of Amer- Census Bureau’s Supplemental Poverty quirements, such as: ica, Child Labor Coalition, Child Welfare Measure. By providing much needed eco- Children in the Care of Grandparents: League of America, Children’s Defense Fund, nomic support, SNAP allows families to have Today, more than 2.5 million children are Children’s Leadership Council, Children’s sufficient nutrition during times of unem- being raised by their grandparents or other Advocacy Institute, Coalition on Human ployment, fluctuating incomes, and low- relatives, in part because families are deal- Needs, Covenant House International, Divi- wage work. ing with parental alcohol and substance sion for Early Childhood of the Council for Children living in households that receive abuse issues, which are growing rapidly due Exceptional Children (DEC), Every Child SNAP benefits are eligible to receive free to the opioid epidemic. And already, these Matters, Families USA, Family Focused school meals. The healthy meals that low-in- families face barriers to accessing the full Treatment Association. come children receive at school fight hunger, array of benefits and services they need. H.R. Family Focused Treatment Association, improve academic performance, and help re- 2 would further threaten the ability of First Five Years Fund, First Focus Cam- duce absenteeism, tardiness, and discipline grandparents and other older relatives to paign for Children, Food Research & Action referrals. According to the Food Research care for children because it expands work re- Center, Forum for Youth Investment, Gen- and Action Center, linking children in SNAP quirements for adults up to age 60 who are erations United, Healthy Teen Network, households to school meals is so important caring for children over six years of age. Jumpstart, Lutheran Services in America, that Congress required all school districts Children in Families with a History of Methodist Children’s Home Society, participating in the National School Lunch Family Violence: H.R. 2 requires parents MomsRising, National Alliance of Children’s Program to directly certify their students fleeing family violence with their children to Trust & Prevention Funds, National Associa- for free school meals. meet the new work requirements unless they tion for Family Child Care, National Asso- H.R. 2 undermines the important link be- receive a state exemption. In addition, H.R. ciation for the Education of Young Children, tween SNAP and free school meals in the 28 2 requires parents to cooperate with state National Association of Counsel for Children, states that have chosen a broad based cat- Child Support Enforcement (CSE) efforts in National Center on Adoption and Perma- egorical eligibility option under current

VerDate Sep 11 2014 02:52 May 17, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.017 H16MYPT1 H4004 CONGRESSIONAL RECORD — HOUSE May 16, 2018 rules that expands SNAP eligibility to assist programs beyond SNAP, such as Medicaid, them said the same thing: the SNAP working families that still struggle to make Medicare, Social Security, and Temporary program is important; don’t mess ends meet. According to the Center on Budg- Assistance for Needy Families. around with it. et and Policy Priorities (CBPP), this could The bill further includes $65 million in I didn’t hear anybody—anybody hint impact as many as 265,000 students nation- loans and grants administered by the De- wide. While students could apply for school partment of Agriculture to support Associa- at embracing what is in this farm bill meals via a burdensome paper process, there tion Health Plans (AHP) offered through or- under the nutrition title, a title, by the is no guarantee that they will still be eligi- ganizations that will eliminate coverage of way, which I, as the ranking member of ble for the program or recertified in a timely essential health benefits (categories of care). the Nutrition Subcommittee, didn’t manner. This would cost their families even These plans may appear to be a less expen- even see until it was made public. more when they have just lost SNAP bene- sive option than current small group market My friend from Georgia talks about fits. Further, this puts an enormous adminis- plans that include comprehensive coverage bipartisanship. I mean, give me a trative burden on schools to revert to a cost- and consumer protections. However, in light break. I mean, you can say it all you ly paper-based system, of recently proposed rules, AHPs will soon Direct Certification for SNAP also pro- want, but the bottom line is that it not be required to cover services such as pre- doesn’t exist in the Agriculture Com- vides the foundation for the Community Eli- scription drugs, mental health and mater- gibility Provision, a hugely successful option nity care leading to insufficient and inad- mittee. The process was offensive, and that allows over 20,000 high-poverty schools equate care for children and adults. even more offensive is what the end to offer free breakfast and lunch to their stu- We strongly urge you to Vote No on the product is going to do to vulnerable dents. The provision eliminates the need for Farm Bill, any amendments aimed at weak- people in this country. schools to collect and process school meal ening the healthy guidelines for school You know, this is not a debate about applications, which allows schools to focus meals, and any amendments that make it able-bodied adults who aren’t working. on providing healthy and appealing meals in- even more difficult for SNAP participants to stead of processing paperwork. Schools are You know, that is a very complicated receive critical nutrition benefits. population. I actually asked for a hear- eligible to implement community eligibility Sincerely, if at least 40 percent of their students are ing on that population, and I was de- MARC EGAN, certified to receive free school meals without Director of Government Relations, nied that right. You ought to know submitting an application. National Education Association. who this population is. It is a com- Reducing the number of students who are plicated population. Mr. MCGOVERN. Mr. Speaker, I yield directly certified by changing the rules for Many of these able-bodied adults broad-based categorical eligibility means 1 minute to the gentleman from New without dependents who are not work- that fewer schools will be eligible to imple- York (Mr. ENGEL). ment community eligibility, and many Mr. ENGEL. Mr. Speaker, I thank my ing or who are not in the job training schools that are eligible will find that it is colleague, and I rise in opposition to programs are our veterans returning no longer financially viable, because fewer of the rule. SNAP is a lifeline for 40 mil- from Iraq and Afghanistan having dif- their meals would be reimbursed at the free ficulty reintegrating in the commu- rate. This would increase unnecessary paper- lion low-income Americans and millions of working families. It is the nity; they are young people graduating work for schools and inhibit student success. out of foster care; they are people with The proposed changes in H.R. 2 to broad- most effective antihunger program in based categorical eligibility will result in the country. undiagnosed mental illnesses. If we did working families losing much needed food It is a proven pathway out of poverty a hearing, you would know who this benefits. It also means that their children for America’s most vulnerable families, population is. This is more than a press could lose free school meals, amplifying the and yet, instead of protecting success- release. negative impact of the cut. It will mean I am sick and tired of people being ful programs like SNAP, this cruel bill more children go hungry at home as well as stereotyped all the time. And by the would take over $23 billion in benefits at school. way, you punish people who are work- The bill further imposes aggressive new away from children, seniors, veterans, ing. You know, by eliminating broad- work requirements, which are unnecessary, individuals with disabilities, and work- based categorical eligibility, there are unworkable and likely to do more harm than ing families struggling to make ends people right now who are working, who good. It would require SNAP participants meet. ages 18 through 59 who are not disabled or My colleagues on the other side of make, you know, between $50,800 a year raising a child under 6 to prove—every and maybe $24,000 a year, they work, month—that they’re working at least 20 the aisle argue that the requirements in this farm bill would help people find and they get this benefit to put food on hours a week, participating at least 20 hours the table. a week in a work program, or a combination work. But if they are really interested of the two. These new requirements would in promoting jobs that allow people to b 1415 force states to develop large new bureauc- care for themselves and their families, And yet you are making changes that racies that would need to track millions of I would invite them to consider legisla- will deny them that benefit. They are SNAP recipients, but likely would do little tion to raise the minimum wage, en- to boost employment, particularly given working. You say you want to reward that the new funding provided in the bill for sure fair work scheduling, provide paid work. Well, what are you thinking job training and work slots would amount to family and medical leave and paid sick when you take this nutrition benefit just $30 per month for those recipients who days, and address basic living stand- away from these people, who are doing need a work slot to retain SNAP benefits, ac- ards. everything right. When you take this cording to the CBPP. Further, the require- Instead, we are considering a callous SNAP benefit away from adults, you ments would leave low-income people with farm bill that cuts benefits for those are taking it away from their children barriers to employment—such as limited job who need it most in order to pay for skills or family members with illness—with as well. And you heard over and over neither earnings nor food assistance. massive handouts to corporations in and over again that when people lose We also have particular concern about the top 1 percent. I urge my colleagues their SNAP benefit, their kids lose ac- amendments filed for Rules Committee con- to vote against this rule. cess to a free breakfast and lunch at sideration that would undermine the nutri- Mr. WOODALL. Mr. Speaker, I con- school. This is awful. tion guidelines for school meals programs. tinue to reserve the balance of my Send this bill back to committee. These guidelines are currently being imple- time. Vote ‘‘no’’ on this rule. mented in schools, and have already led to Mr. MCGOVERN. Mr. Speaker, may I The SPEAKER pro tempore. The increased fruit and vegetable consumption ask how much time I have left. by students. Good nutrition is particularly time of the gentleman has expired. important for students from low-income The SPEAKER pro tempore. The gen- Mr. WOODALL. Mr. Speaker, I yield families, who may eat as many as half of tleman from Massachusetts has 2 min- myself such time as I may consume. their calories every day at school. Addition- utes remaining. I told you when we started this de- ally, USDA has only recently published an Mr. MCGOVERN. Mr. Speaker, I yield bate, Mr. Speaker, you were going to interim rule for school meals that provides myself the balance of my time. hear some passion from my friend from additional flexibility on the guidelines for Mr. Speaker, it is a privilege to serve Massachusetts because he is, in fact, schools. These amendments would only add on the Agriculture Committee. I am passionate. He is a public servant, and uncertainty to this process and threaten the the ranking member in the Nutrition nutritional quality of the meals offered to he serves his constituency well. students. Subcommittee, and I sat through 23 But I want to read to you from Polit- We urge you to oppose any amendments hearings. I heard Republican witnesses ico, one of our Washington, D.C., news- that could threaten mandatory safety net and Democratic witnesses, and all of papers, that follows what goes on here

VerDate Sep 11 2014 04:00 May 17, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.012 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4005 in politics. I don’t sit on the Agri- going to bring people together to get The SPEAKER pro tempore. Is there culture Committee, as my friend from that done. objection to the request of the gen- Massachusetts does, but Politico re- You can’t blame people who follow tleman from Georgia? ported this, as talks around the farm their self-interest. If the rule says you There was no objection. bill broke down in March: don’t have to work, you don’t have to Mr. WOODALL. Mr. Speaker, could I Bipartisan negotiations over the farm bill work. If the rule says if you work too inquire how much time is remaining? stopped— much, you will lose your benefits, then The SPEAKER pro tempore. The gen- There were bipartisan negotiations. you don’t work too much. That is crazy tleman from Georgia has 5 minutes re- Those negotiations stopped, Mr. Speak- to encourage people to stay home. maining. er. You ought to be encouraging people Mr. WOODALL. Mr. Speaker, I yield to seek that next promotion, take on Thursday afternoon, after House Agri- 1 minute to the gentleman from Massa- culture Committee ranking member Collin those extra hours, work that overtime. chusetts (Mr. MCGOVERN), my friend. Peterson— That has always been who we are and Mr. MCGOVERN. Mr. Speaker, I The ranking Democrat. what we have done, and we have not would say to the gentleman that no- taken on that challenge in welfare re- —faced pressure from fellow Democrats, who body walked away from the table; only complained that discussions about changes form. I believe we can. I believe we can. after we were totally shut out of the to the food stamp program were being kept I need my colleagues to support this process. secret. rule today. I need them to support the As I mentioned in my opening state- My friend from Massachusetts men- rule so we can bring up not just the ment—if the gentleman were paying farm bill, so that we can bring up the tioned that. I have that same frustra- attention—the ranking member, Mr. VA MISSION Act, a bipartisan, bi- tion on committees that I serve, Mr. PETERSON, actually tried to offer sug- cameral bill that will go to the Presi- Speaker. Very often, the chairman of gestions and was totally shut out. dent’s desk and change the lives of vet- the committee, who is a Republican, I am the ranking member of the Nu- erans. and the ranking member, who is a trition Subcommittee. You mentioned I need my colleagues to support this the ranking members usually get in- Democrat, and their subcommittee rule, not just so we can bring up the chairmen very often they get together formed as to what is going on. I didn’t farm bill, not just so we can bring up see it until it was made public. and have negotiations before rank-and- the VA MISSION Act, but so that we file Members get involved. It happens, This was the most offensive process I can make the harming or threatening have ever witnessed. and I am frustrated about it, and my the harm of a law enforcement officer a friend from Massachusetts is frustrated And, by the way, the product in this Federal crime, to give the men and ag bill—which I don’t think the gen- about it. women who wear blue across this coun- The development— tleman has read, based on some of the try the protections they deserve. things he has said—but this final prod- Politico goes on to say. This is a bipartisan bill, Mr. Speaker, uct does not represent any of the hear- that is going to make a difference for —is a considerable blow to the sweeping bill, ings we had. which was seen by many as one of the only our constituents back home. These are So this process in the Agriculture real chances for bipartisanship in this Con- going to be issues that get folks exer- Committee, which has been, histori- gress. Congress is supposed to reauthorize cise, Mr. Speaker. The most difficult cally, probably the most bipartisan the farm bill every 5 years, but political issues we take on always do. wrangling has threatened its fate. Current But if we pass this rule and take up committee in the Congress, was basi- law expires September 30. cally thrown into chaos as a result of Peterson’s decision— this legislation, we will be one step closer, not just to succeeding for our the behavior of the majority. COLLIN PETERSON is the ranking veterans, not just to succeeding for our I just say to the gentleman: You can Democrat. law enforcement officers, not just to try to spin this all you want, but the —to pause talks comes after House Demo- succeeding on behalf of our farmers, bottom line is that this has never hap- crats demanded that he stop negotiations but one step closer to taking on what pened before. And COLLIN PETERSON—I until the text of the bill is made to everyone. is a collaborative challenge of how to just want to say—is probably the most The Democratic Members have made return the incentives to work to the bipartisan Member of this House. If clear that they unanimously oppose American people, while keeping the so- you can’t strike a bipartisan deal with the farm bill’s SNAP language as it has cial safety net strong for all of the COLLIN PETERSON, you can’t strike a bi- been described to them or reported in families that depend on it. partisan deal with anybody. the press. Mr. Speaker, I yield back the balance But that is not what this was about. Well, Mr. Speaker, if when you hear of my time, and I move the previous This was about advancing an agenda, things you don’t like, or see things you question on the resolution. quite frankly, that is going to hurt millions of vulnerable people in this don’t like, you leave the negotiating PARLIAMENTARY INQUIRY country, and I find it offensive. table, I promise you we are going to Mr. MCGOVERN. Mr. Speaker, par- get a worse result every single time. liamentary inquiry. Mr. WOODALL. Mr. Speaker, I thank I go up to this Rules Committee, The SPEAKER pro tempore. The gen- my colleague for granting my unani- right up here on the third floor, and we tleman from Massachusetts will state mous consent request to reclaim my debate and talk and debate and talk his parliamentary inquiry. time. I do believe that we advantage all and debate and talk hour upon hour Mr. MCGOVERN. Mr. Speaker, the of our causes, rather than disadvantage upon hour, late into the evening, often gentleman from Georgia just them, by promoting debate. into the next morning. I hear things I mischaracterized the very partisan But I want to take issue, Mr. Speak- don’t like. I hear people say things I process that occurred in the Agri- er. I didn’t mischaracterize anything. I know are not true. But I don’t pick up culture Committee in which Democrats read the media reporting. I will be the my toys and go home. I stay at the were totally shut out. first—when you want to have the fake table, I debate the issues, and I work I want to know: What are the rem- news conversation—there is too much through the issues. If it was easy, edies that we have at this point in the fake news in this country—I will be someone would have done it before this debate to be able to correct the record happy to join you and have that debate Congress got here. All that is left is so we can correct the misrepresenta- with you. But I didn’t mischaracterize hard. tions? a thing. My friend from Massachusetts is ab- The SPEAKER pro tempore. The gen- I agree with what my friend had to solutely right, Mr. Speaker. He is abso- tleman has not stated a parliamentary say about COLLIN PETERSON from Min- lutely right. He is absolutely right. If inquiry. That is a matter for debate. nesota. He is a fabulous Member, who we are to reform the social safety net, Mr. WOODALL. Mr. Speaker, I ask works as hard as he can on behalf of his we are going to have to expand bene- unanimous consent to reclaim the time constituents to get work done. Nothing fits, not restrict them. He is absolutely that I have yielded back. I would be in the article I read said COLLIN PETER- right. But if we can’t stay at the table happy to yield a portion of it to my SON walked away from the table. Ev- to have that conversation, we are never friend. erything in the article I read said he

VerDate Sep 11 2014 04:00 May 17, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.043 H16MYPT1 H4006 CONGRESSIONAL RECORD — HOUSE May 16, 2018 was pressured by his Democratic col- XIV, resolve into the Committee of the Mr. WOODALL. Mr. Speaker, I yield leagues to walk away from the table. Whole for further consideration of the bill. back the balance of my time, and I Mr. MCGOVERN. Will the gentleman SEC. 5. Clause 1(c) of rule XIX shall not move the previous question on the res- yield? apply to the consideration of H.R. 5805. olution. Mr. WOODALL. I will not yield again THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The to my friend. I am going to close. IT REALLY MEANS question is on ordering the previous I take umbrage at the fact that we This vote, the vote on whether to order the question. would have an opportunity to use each previous question on a special rule, is not The question was taken; and the other’s time, and you would use it to merely a procedural vote. A vote against or- Speaker pro tempore announced that continue to say I mischaracterized, dering the previous question is a vote the ayes appeared to have it. that we would have an opportunity to against the Republican majority agenda and Mr. MCGOVERN. Mr. Speaker, on have a discussion, and you would con- a vote to allow the Democratic minority to that I demand the yeas and nays. tinue to use it to say that folks just offer an alternative plan. It is a vote about The yeas and nays were ordered. what the House should be debating. aren’t as well informed as you are The SPEAKER pro tempore. Pursu- about those issues. Mr. Clarence Cannon’s Precedents of the House of Representatives (VI, 308–311), de- ant to clause 8 and clause 9 of rule XX, We have opportunities in this Cham- scribes the vote on the previous question on this 15-minute vote on ordering the ber to make things better, and we have the rule as ‘‘a motion to direct or control the previous question will be followed by 5- opportunities to make things worse. consideration of the subject before the House minute votes on: And I will say to my friend, Mr. Speak- being made by the Member in charge.’’ To Adoption of the resolution, if or- er, if we take advantage of our oppor- defeat the previous question is to give the dered; and tunities to make things better, I be- opposition a chance to decide the subject before the House. Cannon cites the Speaker’s The motion to suspend the rules on lieve that we will. If we take advantage S. 35. of our opportunities to make things ruling of January 13, 1920, to the effect that ‘‘the refusal of the House to sustain the de- The vote was taken by electronic de- worse, I am absolutely certain that we mand for the previous question passes the vice, and there were—yeas 230, nays will. control of the resolution to the opposition’’ 184, not voting 13, as follows: I choose the latter. I choose the lat- in order to offer an amendment. On March [Roll No. 185] ter. A vote in support of this rule is a 15, 1909, a member of the majority party of- vote for the latter. fered a rule resolution. The House defeated YEAS—230 I am sorry, I am choosing the former. the previous question and a member of the Abraham Ferguson Loudermilk I am choosing the former. My col- opposition rose to a parliamentary inquiry, Aderholt Fitzpatrick Love asking who was entitled to recognition. Allen Fleischmann Lucas leagues out there are saying: Hey, I Amash Flores Luetkemeyer Speaker Joseph G. Cannon (R–Illinois) said: know WOODALL; that is not right. He is Amodei Fortenberry MacArthur ‘‘The previous question having been refused, not choosing to make things worse. Arrington Foxx Marchant the gentleman from New York, Mr. Fitz- Babin Frelinghuysen Marino I choose the former, Mr. Speaker. I gerald, who had asked the gentleman to Bacon Gaetz Marshall choose the former. A vote for this rule yield to him for an amendment, is entitled to Banks (IN) Gallagher Massie is a vote for the former. the first recognition.’’ Barletta Garrett Mast Mr. Speaker, I apologize to the Chair The Republican majority may say ‘‘the Barr Gianforte McCarthy Barton Gibbs McCaul for my confusion. vote on the previous question is simply a Bergman Gohmert McClintock The material previously referred to vote on whether to proceed to an immediate Biggs Goodlatte McHenry by Mr. MCGOVERN is as follows: vote on adopting the resolution . . . [and] Bilirakis Gosar McKinley has no substantive legislative or policy im- Bishop (MI) Gowdy McMorris AN AMENDMENT TO H. RES. 891 OFFERED BY plications whatsoever.’’ But that is not what Bishop (UT) Granger Rodgers MR. MCGOVERN they have always said. Listen to the Repub- Black Graves (GA) McSally At the end of the resolution, add the fol- lican Leadership Manual on the Legislative Blackburn Graves (LA) Meadows Blum Graves (MO) Messer lowing new sections: Process in the United States House of Rep- Bost Griffith Mitchell SEC. 4. Immediately upon adoption of this resentatives, (6th edition, page 135). Here’s Brady (TX) Grothman Moolenaar resolution the Speaker shall, pursuant to how the Republicans describe the previous Brat Guthrie Mooney (WV) clause 2(b) of rule XVIII, declare the House question vote in their own manual: ‘‘Al- Brooks (AL) Handel Mullin resolved into the Committee of the Whole though it is generally not possible to amend Brooks (IN) Harper Newhouse House on the state of the Union for consider- the rule because the majority Member con- Buchanan Harris Noem ation of the bill (H.R. 5805) to designate cer- trolling the time will not yield for the pur- Buck Hartzler Norman Bucshon Hensarling Nunes tain amounts authorized to be appropriated pose of offering an amendment, the same re- Budd Herrera Beutler Olson for the provision by the Secretary of Vet- sult may be achieved by voting down the pre- Burgess Hice, Jody B. Palazzo erans Affairs of hospital care and medical vious question on the rule.... When the Byrne Higgins (LA) Palmer services in non-Department of Veterans Af- motion for the previous question is defeated, Calvert Hill Paulsen fairs facilities pursuant to contracts as control of the time passes to the Member Carter (GA) Holding Pearce changes in concepts and definitions for cer- who led the opposition to ordering the pre- Carter (TX) Hollingsworth Perry tain budgetary purposes, and for other pur- vious question. That Member, because he Chabot Hudson Pittenger Cheney Huizenga Poe (TX) poses. The first reading of the bill shall be then controls the time, may offer an amend- Coffman Hultgren Poliquin dispensed with. All points of order against ment to the rule, or yield for the purpose of Cole Hunter Posey consideration of the bill are waived. General amendment.’’ Collins (GA) Hurd Ratcliffe debate shall be confined to the bill and shall In Deschler’s Procedure in the U.S. House Collins (NY) Issa Reed not exceed one hour equally divided among of Representatives, the subchapter titled Comer Jenkins (KS) Reichert and controlled by the respective chairs and ‘‘Amending Special Rules’’ states: ‘‘a refusal Comstock Jenkins (WV) Renacci ranking minority members of the Commit- to order the previous question on such a rule Conaway Johnson (LA) Rice (SC) Cook Johnson (OH) Roby tees on Veterans’ Affairs and the Budget. [a special rule reported from the Committee Costello (PA) Johnson, Sam Roe (TN) After general debate the bill shall be consid- on Rules] opens the resolution to amend- Cramer Jordan Rogers (AL) ered for amendment under the five-minute ment and further debate.’’ (Chapter 21, sec- Crawford Joyce (OH) Rohrabacher rule. All points of order against provisions in tion 21.2) Section 21.3 continues: ‘‘Upon re- Culberson Katko Rokita the bill are waived. At the conclusion of con- jection of the motion for the previous ques- Curbelo (FL) Kelly (MS) Rooney, Francis sideration of the bill for amendment the tion on a resolution reported from the Com- Curtis Kelly (PA) Rooney, Thomas Committee shall rise and report the bill to mittee on Rules, control shifts to the Mem- Davidson King (IA) J. Davis, Rodney King (NY) Ros-Lehtinen the House with such amendments as may ber leading the opposition to the previous Denham Kinzinger Roskam have been adopted. The previous question question, who may offer a proper amendment DeSantis Knight Ross shall be considered as ordered on the bill and or motion and who controls the time for de- DesJarlais Kustoff (TN) Rothfus amendments thereto to final passage with- bate thereon.’’ Diaz-Balart LaHood Rouzer out intervening motion except one motion to Clearly, the vote on the previous question Donovan LaMalfa Royce (CA) recommit with or without instructions. If on a rule does have substantive policy impli- Duffy Lamborn Russell the Committee of the Whole rises and re- cations. It is one of the only available tools Duncan (SC) Lance Rutherford Duncan (TN) Latta Sanford ports that it has come to no resolution on for those who oppose the Republican major- Dunn Lesko Scalise the bill, then on the next legislative day the ity’s agenda and allows those with alter- Emmer Lewis (MN) Schweikert House shall, immediately after the third native views the opportunity to offer an al- Estes (KS) LoBiondo Scott, Austin daily order of business under clause 1 of rule ternative plan. Faso Long Sensenbrenner

VerDate Sep 11 2014 02:52 May 17, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4007 Sessions Thompson (PA) Wenstrup The SPEAKER pro tempore. The NOES—185 Shimkus Thornberry Westerman question is on the resolution. Adams Gonzalez (TX) Norcross Shuster Tipton Williams Aguilar Simpson Trott The question was taken; and the Gottheimer O’Halleran Wilson (SC) Amash Smith (MO) Turner Green, Al O’Rourke Wittman Speaker pro tempore announced that Barraga´ n Smith (NE) Upton Green, Gene Pallone Womack Bass Smith (NJ) Valadao the ayes appeared to have it. Grijalva Panetta Woodall Beatty ´ Smith (TX) Wagner Gutierrez Pascrell Yoder RECORDED VOTE Bera Smucker Walberg Hanabusa Payne Yoho Bishop (GA) Stefanik Walden Mrs. TORRES. Mr. Speaker, I de- Hastings Pelosi Young (AK) Blumenauer Stewart Walker mand a recorded vote. Heck Perlmutter Young (IA) Blunt Rochester Stivers Walorski Higgins (NY) Peters A recorded vote was ordered. Bonamici Himes Taylor Walters, Mimi Zeldin Peterson Boyle, Brendan Hoyer Tenney Weber (TX) The SPEAKER pro tempore. This is a Pingree F. Huffman 5-minute vote. Pocan NAYS—184 Brady (PA) Jackson Lee Polis The vote was taken by electronic de- Brownley (CA) Jayapal Adams Gomez Nolan Bustos Jeffries Price (NC) Aguilar Gottheimer Norcross vice, and there were—ayes 229, noes 185, Capuano Johnson (GA) Quigley Barraga´ n Green, Al O’Halleran not voting 13, as follows: Carbajal Johnson, E. B. Raskin Bass Green, Gene O’Rourke Ca´ rdenas Kaptur Rice (NY) Beatty Grijalva Pallone [Roll No. 186] Carson (IN) Keating Rosen Bera Gutie´rrez Panetta AYES—229 Cartwright Kelly (IL) Roybal-Allard Bishop (GA) Hanabusa Pascrell Castor (FL) Kennedy Ruiz Blumenauer Hastings Payne Abraham Gosar Nunes Castro (TX) Khanna Ruppersberger Blunt Rochester Heck Pelosi Aderholt Gowdy Olson Chu, Judy Kihuen Ryan (OH) Bonamici Higgins (NY) Perlmutter Allen Granger Palazzo Cicilline Kildee Sa´ nchez Boyle, Brendan Himes Peters Amodei Graves (GA) Palmer Clark (MA) Kilmer Sarbanes F. Hoyer Peterson Arrington Graves (LA) Paulsen Clarke (NY) Kind Schakowsky Brady (PA) Huffman Pingree Babin Graves (MO) Pearce Clay Krishnamoorthi Schiff Brownley (CA) Jackson Lee Pocan Bacon Griffith Perry Cleaver Kuster (NH) Schneider Bustos Jayapal Polis Banks (IN) Grothman Pittenger Clyburn Lamb Butterfield Jeffries Price (NC) Barletta Guthrie Poliquin Schrader Cohen Langevin Capuano Johnson, E. B. Quigley Barr Handel Posey Scott (VA) Connolly Larsen (WA) Carbajal Jones Raskin Barton Harper Ratcliffe Scott, David Correa Larson (CT) Ca´ rdenas Kaptur Rice (NY) Bergman Harris Reed Serrano Costa Lawrence Carson (IN) Keating Rosen Biggs Hartzler Reichert Sewell (AL) Courtney Lawson (FL) Cartwright Kelly (IL) Roybal-Allard Bilirakis Hensarling Renacci Shea-Porter Crist Lee Castor (FL) Kennedy Ruiz Bishop (MI) Herrera Beutler Rice (SC) Sherman Crowley Levin Castro (TX) Khanna Ruppersberger Bishop (UT) Hice, Jody B. Roby Sinema Cuellar Lewis (GA) Chu, Judy Kihuen Ryan (OH) Black Higgins (LA) Roe (TN) Sires Cummings Lieu, Ted Clark (MA) Kildee Sa´ nchez Blackburn Hill Rogers (AL) Smith (WA) Davis (CA) Lipinski Clarke (NY) Kilmer Sarbanes Blum Holding Rohrabacher Soto Davis, Danny Loebsack Clay Kind Schakowsky Bost Hollingsworth Rokita Speier DeFazio Lofgren Cleaver Krishnamoorthi Schiff Brady (TX) Hudson Rooney, Francis Suozzi Delaney Lowenthal Clyburn Kuster (NH) Schneider Brat Huizenga Rooney, Thomas Swalwell (CA) DeLauro Lowey Cohen Lamb Schrader Brooks (AL) Hultgren J. Takano DelBene Lujan Grisham, Connolly Langevin Scott (VA) Brooks (IN) Hunter Ros-Lehtinen Thompson (CA) Demings M. Cooper Larsen (WA) Scott, David Buchanan Hurd Roskam Thompson (MS) DeSaulnier Luja´ n, Ben Ray Correa Larson (CT) Serrano Buck Jenkins (KS) Ross Deutch Lynch Titus Costa Lawrence Sewell (AL) Bucshon Jenkins (WV) Rothfus Dingell Maloney, Tonko Courtney Lawson (FL) Shea-Porter Budd Johnson (LA) Rouzer Doggett Carolyn B. Torres Crist Lee Sherman Burgess Johnson (OH) Royce (CA) Doyle, Michael Maloney, Sean Tsongas Crowley Levin Sinema Byrne Johnson, Sam Rush F. Matsui Vargas Cuellar Lewis (GA) Sires Calvert Jones Russell Ellison McCollum Veasey Cummings Lieu, Ted Smith (WA) Carter (GA) Jordan Rutherford Engel McEachin Vela Davis (CA) Lipinski Soto Carter (TX) Joyce (OH) Sanford Eshoo McGovern Vela´ zquez Davis, Danny Loebsack Speier Chabot Katko Scalise Espaillat Meeks Visclosky DeFazio Lofgren Suozzi Cheney Kelly (MS) Schweikert Esty (CT) Meng Walz Delaney Lowenthal Swalwell (CA) Coffman Kelly (PA) Scott, Austin Evans Moore Wasserman DeLauro Lowey Takano Cole King (IA) Sensenbrenner Foster Moulton Schultz DelBene Lujan Grisham, Thompson (CA) Collins (GA) King (NY) Sessions Frankel (FL) Murphy (FL) Waters, Maxine Demings M. Thompson (MS) Collins (NY) Kinzinger Shimkus Fudge Nadler Watson Coleman DeSaulnier Luja´ n, Ben Ray Titus Comer Knight Shuster Gallego Napolitano Welch Deutch Lynch Tonko Comstock Kustoff (TN) Simpson Garamendi Neal Wilson (FL) Dingell Maloney, Torres Conaway LaHood Smith (MO) Gomez Nolan Yarmuth Doggett Carolyn B. Tsongas Cook LaMalfa Smith (NE) Costello (PA) Lamborn Smith (NJ) Doyle, Michael Maloney, Sean Vargas NOT VOTING—13 F. Matsui Veasey Cramer Lance Smith (TX) Ellison McCollum Vela Crawford Latta Smucker Beyer Gabbard Richmond Engel McEachin Vela´ zquez Culberson Lesko Stefanik Brown (MD) Issa Rogers (KY) Eshoo McGovern Visclosky Curbelo (FL) Lewis (MN) Stewart Butterfield Labrador Webster (FL) Espaillat Meeks Walz Curtis LoBiondo Stivers Cooper McNerney Esty (CT) Meng Wasserman Davidson Long Taylor DeGette Poe (TX) Evans Moore Schultz Davis, Rodney Loudermilk Tenney Foster Moulton Waters, Maxine Denham Love Thompson (PA) b 1457 Frankel (FL) Murphy (FL) Watson Coleman DeSantis Lucas Thornberry Mr. CUMMINGS changed his vote Fudge Nadler Welch DesJarlais Luetkemeyer Tipton Gallego Napolitano Wilson (FL) Diaz-Balart MacArthur Trott from ‘‘aye’’ to ‘‘no.’’ Garamendi Neal Yarmuth Donovan Marchant Turner So the resolution was agreed to. Duffy Marino Upton The result of the vote was announced NOT VOTING—13 Duncan (SC) Marshall Valadao Duncan (TN) Massie Wagner as above recorded. Beyer Gonzalez (TX) Rogers (KY) Dunn Mast Walberg Brown (MD) Johnson (GA) Rush A motion to reconsider was laid on Emmer McCarthy Walden Cicilline Labrador Webster (FL) the table. Estes (KS) McCaul Walker DeGette McNerney Faso McClintock Walorski Gabbard Richmond f Ferguson McHenry Walters, Mimi b 1449 Fitzpatrick McKinley Weber (TX) MOMENT OF SILENCE IN RECOGNI- Fleischmann McMorris Wenstrup TION OF NATIONAL POLICE Mr. SUOZZI changed his vote from Flores Rodgers Westerman WEEK ‘‘yea’’ to ‘‘nay.’’ Fortenberry McSally Williams So the previous question was ordered. Foxx Meadows Wilson (SC) (Mr. REICHERT asked and was given Frelinghuysen Messer Wittman The result of the vote was announced Gaetz Mitchell Womack permission to address the House for 1 as above recorded. Gallagher Moolenaar Woodall minute.) Stated against: Garrett Mooney (WV) Yoder Mr. REICHERT. Mr. Speaker, this Mr. CICILLINE. Mr. Speaker, had I been Gianforte Mullin Yoho week is National Police Week. Yester- Gibbs Newhouse Young (AK) present, I would have voted ‘‘nay’’ on rollcall Gohmert Noem Young (IA) day was National Peace Officers Memo- No. 185. Goodlatte Norman Zeldin rial Day, a day that we stop and pause

VerDate Sep 11 2014 02:52 May 17, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.014 H16MYPT1 H4008 CONGRESSIONAL RECORD — HOUSE May 16, 2018 and honor the fallen officers across this Barr Dunn Lamborn Roe (TN) Sessions Turner Nation who have given their lives to Barraga´ n Ellison Lance Rogers (AL) Sewell (AL) Upton Barton Emmer Langevin Rohrabacher Shea-Porter Valadao protect our families and communities Bass Engel Larsen (WA) Rokita Sherman Vargas across this great Nation. Beatty Eshoo Larson (CT) Rooney, Francis Shimkus Veasey Some of you, last year, experienced Bera Espaillat Latta Rooney, Thomas Shuster Vela this bravery and courage firsthand. All Bergman Estes (KS) Lawrence J. Simpson Vela´ zquez Biggs Esty (CT) Lawson (FL) Ros-Lehtinen Sinema Visclosky of us were affected by the friends who Bilirakis Evans Lee Rosen Sires Wagner were present when they were in danger Bishop (GA) Ferguson Lesko Roskam Smith (MO) Walberg and our Capitol Police came to their Bishop (MI) Fitzpatrick Levin Ross Smith (NE) Walden rescue. Bishop (UT) Fleischmann Lewis (GA) Rothfus Smith (NJ) Walker Rouzer Smith (TX) Walorski As some of you know, I had a 33-year Black Flores Lewis (MN) Blackburn Fortenberry Lieu, Ted Roybal-Allard Smith (WA) Walters, Mimi law enforcement career before coming Blum Foster Lipinski Royce (CA) Smucker Walz to Congress. I lost two of my best Blumenauer Foxx LoBiondo Ruiz Soto Wasserman friends. One was shot and one was Blunt Rochester Frankel (FL) Loebsack Ruppersberger Speier Schultz Rush Stefanik Waters, Maxine stabbed. Bonamici Frelinghuysen Lofgren Bost Fudge Long Russell Stewart Watson Coleman These are brave, courageous people, Boyle, Brendan Gaetz Loudermilk Rutherford Stivers Weber (TX) but they are not only that. They have F. Gallagher Love Ryan (OH) Suozzi Welch been blessed with the heart of a serv- Brady (PA) Gallego Lowenthal Sa´ nchez Swalwell (CA) Wenstrup ant. They have been blessed with that Brady (TX) Garamendi Lowey Sanford Takano Westerman Brat Garrett Lucas Sarbanes Taylor Williams gift to put other’s lives before theirs, Brooks (AL) Gianforte Luetkemeyer Scalise Tenney Wilson (FL) and that is what you saw last year, Brownley (CA) Gibbs Lujan Grisham, Schakowsky Thompson (CA) Wilson (SC) those of you on the baseball field. Buchanan Gohmert M. Schiff Thompson (MS) Wittman Schneider Thompson (PA) Womack There was no hesitation. They were Buck Gomez Luja´ n, Ben Ray Bucshon Gonzalez (TX) Lynch Schrader Thornberry Woodall there for you, as were my friends for Budd Goodlatte MacArthur Schweikert Tipton Yarmuth the citizens that lived in their patrol Burgess Gosar Maloney, Scott (VA) Titus Yoder Scott, Austin Tonko Yoho district. Bustos Gottheimer Carolyn B. Scott, David Torres Young (AK) Byrne Gowdy Maloney, Sean Mr. Speaker, I have embraced the Sensenbrenner Trott Young (IA) Calvert Granger Marchant families, the friends, the partners, the Serrano Tsongas Zeldin Capuano Marino children, and the spouses, and there are Graves (GA) Carbajal Graves (LA) Marshall NOT VOTING—20 no words in that moment when the Ca´ rdenas Graves (MO) Massie world is spinning out of control. There Carson (IN) Green, Al Mast Beyer Himes Perry are no words when the world comes Carter (GA) Green, Gene Matsui Brooks (IN) Huffman Poe (TX) Carter (TX) Griffith McCaul Brown (MD) Issa Ratcliffe crashing down. There are no words. Cartwright Grijalva McClintock Butterfield Johnson (OH) Richmond There is only silence and tears. Castor (FL) Grothman McCollum DeGette Labrador Rogers (KY) Mr. Speaker, this is my last year in Castro (TX) Guthrie McEachin Faso McCarthy Webster (FL) Congress. This is my last time that I Chabot Gutie´rrez McGovern Gabbard McNerney will ask you all to join with me in a Cheney Hanabusa McHenry Chu, Judy Handel McKinley b 1509 moment of silence and tears with the Cicilline Harper McMorris families who have lost their loved ones Clark (MA) Harris Rodgers So (two-thirds being in the affirma- in the line of duty. Clarke (NY) Hartzler McSally tive) the rules were suspended and the Clay Hastings Meadows The SPEAKER pro tempore. Will bill was passed. Members and all visitors in the gallery Cleaver Heck Meeks Clyburn Hensarling Meng The result of the vote was announced please stand and join us for a moment Coffman Herrera Beutler Messer as above recorded. of silence. Cohen Hice, Jody B. Mitchell Cole Higgins (LA) Moolenaar A motion to reconsider was laid on f Collins (GA) Higgins (NY) Mooney (WV) the table. Collins (NY) Hill Moore BLACK HILLS NATIONAL CEME- Comer Holding Moulton PERSONAL EXPLANATION TERY BOUNDARY EXPANSION Comstock Hollingsworth Mullin Mr. WEBSTER of Florida. Mr. Speaker, I Conaway Hoyer Murphy (FL) ACT Connolly Hudson Nadler was unable to travel back to Washington due The SPEAKER pro tempore. Without Cook Huizenga Napolitano to illness. Cooper Hultgren Neal Had I been present, I would have voted objection, 5-minute voting will con- Correa Hunter Newhouse tinue. Costa Hurd Noem ‘‘yea’’ on rollcall No. 184, ‘‘yea’’ on rollcall No. There was no objection. Costello (PA) Jackson Lee Nolan 185, ‘‘yea’’ on rollcall No. 186, and ‘‘yea’’ on The SPEAKER pro tempore. The un- Courtney Jayapal Norcross rollcall No. 187. finished business is the vote on the mo- Cramer Jeffries Norman Crawford Jenkins (KS) Nunes f tion to suspend the rules and pass the Crist Jenkins (WV) O’Halleran bill (S. 35) to transfer administrative Crowley Johnson (GA) O’Rourke jurisdiction over certain Bureau of Cuellar Johnson (LA) Olson REQUESTING THE SENATE TO RE- Land Management land from the Sec- Culberson Johnson, E. B. Palazzo TURN TO THE HOUSE OF REP- Cummings Johnson, Sam Pallone retary of the Interior to the Secretary Curbelo (FL) Jones Palmer RESENTATIVES THE BILL H.R. of Veterans Affairs for inclusion in the Curtis Jordan Panetta 4743 Black Hills National Cemetery, and for Davidson Joyce (OH) Pascrell Mr. CHABOT. Mr. Speaker, I send to other purposes, on which the yeas and Davis (CA) Kaptur Paulsen Davis, Danny Katko Payne the desk a privileged resolution, and nays were ordered. Davis, Rodney Keating Pearce ask for its immediate consideration in The Clerk read the title of the bill. DeFazio Kelly (IL) Pelosi The SPEAKER pro tempore. The Delaney Kelly (MS) Perlmutter the House. question is on the motion offered by DeLauro Kelly (PA) Peters The Clerk read the resolution, as fol- DelBene Kennedy Peterson lows: the gentleman from Utah (Mr. BISHOP) Demings Khanna Pingree that the House suspend the rules and Denham Kihuen Pittenger H. RES. 899 pass the bill. DeSantis Kildee Pocan This is a 5-minute vote. DeSaulnier Kilmer Poliquin Resolved, That the Clerk of the House of The vote was taken by electronic de- DesJarlais Kind Polis Representatives request the Senate to return Deutch King (IA) Posey to the House the bill (H.R. 4743) entitled ‘‘To vice, and there were—yeas 407, nays 0, Diaz-Balart King (NY) Price (NC) amend the Small Business Act to strengthen not voting 20, as follows: Dingell Kinzinger Quigley the Office of Credit Risk Management within [Roll No. 187] Doggett Knight Raskin the Small Business Administration, and for Donovan Krishnamoorthi Reed other purposes.’’. YEAS—407 Doyle, Michael Kuster (NH) Reichert Abraham Allen Babin F. Kustoff (TN) Renacci The resolution was agreed to. Adams Amash Bacon Duffy LaHood Rice (NY) Aderholt Amodei Banks (IN) Duncan (SC) LaMalfa Rice (SC) A motion to reconsider was laid on Aguilar Arrington Barletta Duncan (TN) Lamb Roby the table.

VerDate Sep 11 2014 00:51 Aug 10, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD18\MAY\H16MY8.REC H16MY8 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4009 PROTECT AND SERVE ACT OF 2018 ‘‘(D) a prosecution by the United States is Carved on these walls are the names of in the public interest and necessary to se- more than 21,000 officers who have been Mr. GOODLATTE. Mr. Speaker, pur- cure substantial justice. suant to House Resolution 891, I call up killed in the line of duty throughout ‘‘(2) RULE OF CONSTRUCTION.—Nothing in U.S. history, dating back to the first the bill (H.R. 5698) to amend title 18, this subsection shall be construed to limit United States Code, to punish criminal the authority of Federal officers, or a Fed- known death in 1791. offenses targeting law enforcement of- eral grand jury, to investigate possible viola- Each spring, law enforcement officers ficers, and for other purposes, and ask tions of this section. from around the country gather in for its immediate consideration. ‘‘(d) DEFINITIONS.—In this section: Washington, D.C., for Peace Officers The Clerk read the title of the bill. ‘‘(1) LAW ENFORCEMENT OFFICER.—The term Memorial Day. For a week, these men ‘law enforcement officer’ means an employee and women attend events to celebrate The SPEAKER pro tempore (Mr. of a governmental or public agency who is DUNCAN of Tennessee). Pursuant to and honor those law enforcement offi- authorized by law— cers who have made the ultimate sac- House Resolution 891, the bill is consid- ‘‘(A) to engage in or supervise the preven- ered read. tion, detention, investigation, or the incar- rifice. Each year, there is a memorial The text of the bill is as follows: ceration of any person for any criminal vio- service in which the names of fallen of- H.R. 5698 lation of law; and ficers are added to the long, curving ‘‘(B) to apprehend or arrest a person for marble walls of the memorial. Unfortu- Be it enacted by the Senate and House of Rep- any criminal violation of law. resentatives of the United States of America in nately, the list of names keeps growing ‘‘(2) STATE.—The term ‘State’ means a Congress assembled, and shows no signs of slowing down. State of the United States, the District of SECTION 1. SHORT TITLE. That is why today I am pleased we Columbia, or any commonwealth, territory, are considering the Protect and Serve This Act may be cited as the ‘‘Protect and or possession of the United States.’’. Act. This bill is designed to ensure Serve Act of 2018’’. (b) CLERICAL AMENDMENT.—The table of SEC. 2. CRIMES TARGETING LAW ENFORCEMENT sections at the beginning of such chapter is those who seek to harm police officers OFFICERS. amended by adding at the end the following face swift and certain justice. (a) IN GENERAL.—Chapter 7 of title 18, new item: In recent years, the brave and dedi- United States Code, is amended by adding at ‘‘120. Crimes targeting law enforcement offi- cated men and women in blue who the end the following: cers.’’. serve our communities are facing in- ‘‘§ 120. Crimes targeting law enforcement offi- The SPEAKER pro tempore. After 1 creased levels of hostility and violence. cers hour debate on the bill, it shall be in The increasing levels of hostility to- ‘‘(a) IN GENERAL.—Whoever, in any cir- order to consider the further amend- wards the law enforcement community cumstance described in subsection (b), know- ment printed in part A of House Report have given rise to an increase in am- ingly causes serious bodily injury to a law 115–677, if offered by the gentleman bush-style attacks on police officers. enforcement officer, or attempts to do so— In 2016 alone, 64 police officers were ‘‘(1) shall be imprisoned not more than 10 from Virginia (Mr. GOODLATTE) or his years, fined in accordance with this title, or designee, which shall be considered shot and killed in the line of duty, 21 of both; and read, and shall be separately debatable whom were killed in ambush-style at- ‘‘(2) shall be imprisoned for any term of for 10 minutes equally divided and con- tacks. According to CNN, in the first 17 years or for life, fined in accordance with trolled by the proponent and an oppo- weeks of this year, 21 law enforcement this title, or both, if— nent. officers across the U.S. have been shot ‘‘(A) death results from the offense; or The gentleman from Virginia (Mr. and killed in the line of duty. That ‘‘(B) the offense includes kidnapping or an GOODLATTE) and the gentleman from averages out to more than one death attempt to kidnap, or an attempt to kill. every week. ‘‘(b) CIRCUMSTANCES DESCRIBED.—For pur- New York (Mr. NADLER) each will con- poses of subsection (a), the circumstances trol 30 minutes. Only a few weeks ago, on April 19, described in this subparagraph are that— The Chair recognizes the gentleman 2018, two sheriff’s deputies were gunned ‘‘(1) the conduct described in subsection (a) from Virginia. down and killed in a suspected ambush occurs during the course of, or as the result PERMISSION TO POSTPONE PROCEEDINGS ON while they were eating at a restaurant of, the travel of the defendant or the vic- ADOPTING AMENDMENT TO H.R. 5698 in Gainesville, Florida. tim— Mr. GOODLATTE. Mr. Speaker, I ask To address this threat to the brave ‘‘(A) across a State line or national border; police, who put their lives on the line or unanimous consent that the question of adopting the amendment to H.R. each day across our country, the Pro- ‘‘(B) using a channel, facility, or instru- tect and Serve Act allows for Federal mentality of interstate or foreign commerce; 5698 may be subject to postponement as ‘‘(2) the defendant uses a channel, facility, though under clause 8 of rule XX. prosecution of criminals who know- or instrumentality of interstate or foreign The SPEAKER pro tempore. Is there ingly assault law enforcement officers commerce in connection with the conduct objection to the request of the gen- and cause serious bodily harm or at- described in subsection (a); tleman from Virginia? tempt to do so. This bill applies to both ‘‘(3) in connection with the conduct de- There was no objection. Federal law enforcement officers and scribed in subsection (a), the defendant em- GENERAL LEAVE State and local officers where there is ploys a firearm, dangerous weapon, explosive Mr. GOODLATTE. Mr. Speaker, I ask a nexus to interstate commerce. or incendiary device, or other weapon that Importantly, Mr. Speaker, this legis- has traveled in interstate or foreign com- unanimous consent that all Members lation recognizes that most often these merce; have 5 legislative days within which to ‘‘(4) the conduct described in subsection revise and extend their remarks and in- crimes are wholly within the jurisdic- (a)— clude extraneous material to H.R. 5698. tion of a State to prosecute. Therefore, ‘‘(A) interferes with commercial or other The SPEAKER pro tempore. Is there in addition to other requirements in economic activity in which the victim is en- objection to the request of the gen- the bill to ensure a Federal connection, gaged at the time of the conduct; or H.R. 5698 states specifically that pros- ‘‘(B) otherwise affects interstate or foreign tleman from Virginia? There was no objection. ecution under this new statute may commerce; or only be pursued if the Attorney Gen- ‘‘(5) the victim is a Federal law enforce- b 1515 ment officer. eral certifies that, one, the State does ‘‘(c) CERTIFICATION REQUIREMENT.— Mr. GOODLATTE. Mr. Speaker, I not have jurisdiction; two, the State ‘‘(1) IN GENERAL.—No prosecution of any of- yield myself such time as I may con- has requested that the Federal Govern- fense described in this section may be under- sume. ment assume jurisdiction; three, the taken by the United States, except under the On October 15, 1991, the National Law verdict or sentence obtained pursuant certification in writing of the Attorney Gen- Enforcement Officers Memorial was to State charges left demonstrably eral, or a designee, that— dedicated to honor Federal, State, and unvindicated the Federal interest in ‘‘(A) the State does not have jurisdiction; local law enforcement officers who protecting the public safety; or, four, a ‘‘(B) the State has requested that the Fed- have made the ultimate sacrifice for eral Government assume jurisdiction; prosecution by the United States is in ‘‘(C) the verdict or sentence obtained pur- the safety and protection of our Nation the public interest and necessary to se- suant to State charges left demonstratively and its people. cure substantial justice. unvindicated the Federal interest in pro- The memorial features two curving, This is a critical part of the bill. It tecting the public safety; or 304-foot-long, blue-gray marble walls. will ensure that the Federal power is

VerDate Sep 11 2014 03:11 May 17, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.053 H16MYPT1 H4010 CONGRESSIONAL RECORD — HOUSE May 16, 2018 reserved for particularly egregious ditional 140 reported officer suicides. dents of unjustified deadly force cases. Since the start of this year, 2018, at against unarmed victims in police-ci- At the dedication of the National least 36 law enforcement officers across vilian encounters. More than 50 percent Law Enforcement Officers Memorial, the United States have died while on of the unarmed victims in these fatal President George H. W. Bush aptly duty, with 24 of the deaths caused by encounters with police were people of stated: ‘‘Carved on these walls is the gunfire. color. story of America, of a continuing quest Our hearts go out to the families of The goal of protecting police officer to preserve both democracy and de- those officers who have lost their lives safety would be well served by working cency, and to protect a national treas- in the line of duty. to foster law enforcement reforms ure that we call the American Dream.’’ As a result of the risk inherent to po- aimed at helping local jurisdictions Today, we continue to recognize this licing, there is no profession more meet their constitutional obligation of special role police officers play in our widely protected under Federal and fair and unbiased policing and the re- society. The Protect and Serve Act State law than working in law enforce- sulting better trust between the com- sends a uniform message that our ment. All 50 States have laws that en- munities and the police in their midst. country will not tolerate attacks on hance penalties for crimes against As we have debated the Protect and police which purposefully attempt to peace officers and, in some instances, Serve Act, I have been encouraged by undermine the State, sow chaos in our crimes against the broadly defined cat- the expressed commitment by Chair- communities, and wreck the lives of egory of first responders. man GOODLATTE and the bill’s sponsor, many of our finest citizens and their In fact, section 2 of the bill clearly Representative RUTHERFORD, to work families. acknowledges that States have pri- with me on bringing the Judiciary I urge my colleagues to send a uni- mary jurisdictions for attacks on State Committee’s balanced work on law en- form message today by addressing the and local police officers and lays out forcement accountability out into the grave crisis threatening both our com- very narrow circumstances where a open with hearings and the introduc- munities and the brave men and Federal nexus would exist. This pre- tion of legislation. We should care women in blue who put their lives on sents an open question as to whether equally about harms by and against po- the line each day. there would be any instances at all in lice officers and their impact on local I would like to thank my Judiciary which the Department of Justice would communities. Committee colleagues, especially ca- exercise jurisdiction under this legisla- We should care about the harms on reer law enforcement officers Sheriff tion. local communities because of that RUTHERFORD and Chief DEMINGS, for I would note that my own State of harm and also because of the fact that sponsoring this bill. In addition, I want New York has four separate criminal it undoubtedly leads to distrust, which to thank Congressman BUCK for his statutes addressing attacks on law en- in turn leads to greater violence years of tireless work to ensure that forcement officers. Moreover, Federal against police officers. those who target law enforcement offi- laws already impose a life sentence Mr. Speaker, I reserve the balance of cers are punished. and, in some circumstances, even the my time. Finally, I want to recognize the po- death penalty on persons convicted of Mr. GOODLATTE. Mr. Speaker, I lice organizations who have worked killing State and local law enforce- yield 5 minutes to the gentleman from with us so diligently on this and many ment officers or other employees as- Florida (Mr. RUTHERFORD), who is the other bills, including the Fraternal sisting with Federal investigations. chief sponsor of the legislation and a Order of Police, the National Associa- Simply put, the legislation under member of the Judiciary Committee. tion of Police Organizations, the Major consideration today does not improve Mr. RUTHERFORD. Mr. Speaker, I County Sheriffs of America, the Na- upon this existing legal framework and thank Chairman GOODLATTE and Rep- tional Sheriffs’ Association, the Fed- does not provide any more stringent resentative NADLER for their support of eral Law Enforcement Officers Associa- punishment for anyone under existing this legislation. tion, and the Sergeants Benevolent As- law. Mr. Speaker, I rise today in strong sociation, among many others. I thank I want to be clear about the respect support of H.R. 5698, the Protect and them. We all salute them for their that we have for the difficult work un- Serve Act of 2018. This important bill steadfast commitment and dedicated dertaken by our law enforcement pro- will enhance penalties for anyone who service. fessionals. While attacks on law en- intentionally causes harm to our law Mr. Speaker, I urge my colleagues to forcement officials are completely un- enforcement officers. support this important legislation, and acceptable, the existing framework for I can tell you after dedicating 40 I reserve the balance of my time. prosecuting these crimes is more than years of my life to law enforcement, I Mr. NADLER. Mr. Speaker, I yield adequate at both the Federal and State know what officers go through every myself such time as I may consume. level. If it were not, I would be an ar- day when they put that uniform on, Mr. Speaker, the Protect and Serve dent supporter of this legislation. say goodbye to their families, and walk Act, while rooted in laudable goals, Rather than advancing a bill that out the door to protect their commu- will not strengthen protections for law amounts to an empty gesture during nities. enforcement officers, and it fails to Police Week, the Congress should in- Sadly, we have seen a recent rash in make meaningful reforms that would stead be focusing on real reform meas- increase in violence against officers, improve police-community relations. ures that would actually protect law especially in ambush-style attacks. In Although I will not oppose the bill, I enforcement officers and first respond- fact, just last month in Florida, Ser- believe that its consideration today reers. geant Noel Ramirez and Deputy Taylor flects a wasted opportunity. We should act on the related problem Lindsey were eating lunch and were This legislation would create a new of well-documented unconstitutional specifically targeted and assassinated offense under title 18 of the U.S. Code policing practices in communities of in that restaurant simply because they for the crime of targeting law enforce- color across the United States that were police officers and wore that blue ment officers. Current law, however, at have eroded trust between those com- uniform. They are not alone. So far both the Federal and State level al- munities and the law enforcement offi- this year, 87 law enforcement officers ready makes it a crime. It is not clear cials sworn to protect them. have been shot in the line of duty, 28 of why this bill changes the law in any The Civil Rights Division of the Jus- whom ultimately lost their lives. meaningful way. tice Department currently has 19 con- Mr. Speaker, this is a 75-percent in- No Member of Congress questions the sent agreements with troubled police crease over last year. For this reason, difficulty, danger, and stress associated departments nationwide. Dating back I introduced bipartisan legislation with with being a police officer. A white to the mid-1990s, every region of the my good friend and former Orlando po- paper commissioned by the Ruderman country has suffered some kind of high- lice chief, Representative VAL Family Foundation reported that, last profile incident. DEMINGS, that will ensure that there year, 129 peace officers died in the line Adding to community concerns are are the strongest possible penalties for of duty—46 from shootings—with an ad- the increasingly well-documented inci- anyone who decides to target and harm

VerDate Sep 11 2014 03:11 May 17, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.055 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4011 not only Federal law enforcement offi- and, of course, our distinguished chief lation training that is necessary for cers but also local and State law en- of police; all of the assistant chiefs, our officers, and join in the enhance- forcement officers. deputy sheriffs, and leadership; con- ments of police-community relations. We worked on this bill closely with stables and their deputy constables; This will be a true tribute to our offi- the Fraternal Order of Police, and I am Texas rangers; and, of course, our Fed- cers and, as well, provide a framework proud to have earned the support of the eral officers, over which this com- of protecting their lives as we engage National Association of Police Organi- mittee has jurisdiction. We thank not the community in more coming to- zations, the Sergeants Benevolent As- only them for their service, but also gether between police and community. sociation, and the Major County Sher- the families whose loved ones have fall- I hope, again, that we move together iffs of America, which represents thou- en in battle. as a committee and that the police sands of officers across the country. This is not a discussion of the respect working group will produce this kind of This week, we remember the officers and admiration we have for officers, legislation. I support the Protect and who have given their lives protecting and there is no argument regarding the Serve Act of 2018. our communities, and we, as Members difficulty, danger, and stress associated Mr. Speaker, I would like to express my of Congress, must show the law en- with being a police officer. We all have deepest gratitude during this National Police forcement community across the coun- seen the reports that show, in 2017, 129 Week, to all the brave men and women that try that we support them and the im- police officers died in the line of duty; continue to give of themselves selflessly. portant work that they do day in and 46 of those brave men and women were There is no argument regarding the dif- day out. shot, while 140, tragically, committed ficulty, danger and stress associated with We must also show those who wish to suicide. That says a lot about the toll being a police officer. target police officers with violence this type of profession takes on a per- We have all seen the reports that show in that those attacks will not be toler- son physically, psychologically, men- 2017, 129 police officers died in the line of ated. I urge all Members to join me in tally, and on their families. duty. 46 of those brave men and women were supporting this legislation. The risks inherent in policing re- shot, while 140 committed suicides. That says Mr. Speaker, I should mention—I sulted in numerous statutes that deal a lot about the toll this type of profession think I would be remiss if I didn’t— with protecting our law enforcement takes on a person both physical, psycho- that just yesterday morning, in Jack- officers via Federal and State law. Our logically and mentally. sonville, Florida, as mentioned earlier law enforcement officers are most pro- The risk inherent in policing resulted in nu- by my good friend from Washington, tected under our laws, and, in some in- merous statutes with vast protection via fed- Dave Reichert—Sheriff Reichert—held stances, the statutes give life and the eral and state law. Our law enforcement offi- a moment of silence for those officers death penalty for such crimes. Even cers are most protected under our laws and in who have given their lives in service to crimes against the broadly defined cat- some instances life and the death penalty are this community. Yesterday morning, egory of first responders are well ad- imposed for such crimes. about 4 o’clock in the morning during dressed under Federal and State law. Even crimes against the broadly defined My State of Texas has several crimi- a horrible storm in Jacksonville, Offi- category of first responders are well ad- nal statutes addressing attacks on law cer Lance Whitaker gave his life on dressed under federal and state law. Law Enforcement Memorial Day in enforcement officers; therefore, this For example, my state of Texas has several service to our community. legislation may be deemed to be a du- criminal statutes addressing attacks on law I have to say, Police Week and Law plicate legal framework. But I want to enforcement officers. Enforcement Memorial Day always re- propose to my colleagues, as I did when Therefore, this legislation is duplicative in mind me of the words of Ralph Waldo we sat together at the Rules Com- nature and does not improve current legal Emerson, who said that the purpose in mittee, that we can work together in framework for crimes against law enforcement life is not to be happy; it is to be use- moving forward. officers. ful. It is to be honorable. It is to be I do want to say on this legislation I want to be clear about the respect that we compassionate, and it is to know that that it does frame itself on the focus of have for the difficult work undertaken by our you made a difference because you the targeting of law enforcement. As law enforcement professionals. However, as lived and you lived well. well, it recognizes that the first pros- Mr. Speaker, I offer this bill in mem- ecution level will be State and local Mr. Chairman said at Rules yesterday in ory of Officer Lance Whitaker, who laws to protect or bring to justice agreement with my concerns, we cannot ig- died yesterday morning living well. those who have shot police officers. nore the danger in taking such a one-sided Mr. NADLER. Mr. Speaker, I yield 3 The SPEAKER pro tempore (Mr. approach to the issue of police practices. minutes to the gentlewoman from DONOVAN). The time of the gentle- Many of the civil rights groups have raised legitimate concerns. For example, this bill is Texas (Ms. JACKSON LEE), who is the woman has expired. distinguished ranking member of the Mr. NADLER. Mr. Speaker, I yield being contemplated during a time when our Crime, Terrorism, Homeland Security, the gentlewoman an additional 1 country is in the throes of a national policing and Investigations Subcommittee. minute. crisis, with a never-ending stream of police Ms. JACKSON LEE. Mr. Speaker, I shootings of unarmed African americans cap- b 1530 want to be clear that I respect the bill tured on video. Ms. JACKSON LEE. Mr. Speaker, I that is moving forward but recognize While I support protection for our officers, I was honored just a few minutes ago to that we really need to do more. am also troubled by the message this may be on the floor of the House with the One of the points that I want to send to all those impacted daily by the vio- chairman of the committee, Mr. GOOD- make is this new law does not have lence perpetrated by the bad apples within law LATTE; the ranking member, Mr. NAD- mandatory minimums. It does allow enforcement. LER; the proponent of this bill, Mr. the discretion of the judge, but I be- We should focus on real reform measures RUTHERFORD; and our Democratic pro- lieve that there are issues that our like the Law Enforcement Trust and Integrity ponent, Mrs. DEMINGS, to honor those civil rights groups have raised that are Act that will protect law enforcement, first re- fallen officers with a moment of silence legitimate. sponders, and their communities. in the most powerful lawmaking body This bill is being contemplated dur- Over the years, well-documented, unconsti- in the world, to acknowledge to the Na- ing a time when our country is in need tutional policing practices in communities of tion and to the world that we stand of a new look at the Nation’s 18,000 law color across the United States have eroded united in honoring those who have fall- enforcement agencies. I hope my col- trust between these communities and the law en in the call of duty. league, Mr. RUTHERFORD, as we have enforcement officials sworn to protect them. I would like to express my deepest honored those together who have fall- Almost 1,000 people were killed by police in gratitude during National Police Week en, will join us in the Law Enforcement 2017 according to the Washington Post. An- to all the brave men and women who Trust and Integrity Act that will pro- other outlet estimates over 1,100 police-re- continue to give of themselves self- vide for the opportunity for lated fatalities last year, with people of color lessly. I also acknowledge my own credentialing, professional develop- representing more than 50 percent of those hometown leadership: Sheriff Gonzalez, ment training and counseling, deesca- unarmed during fatal encounters with police.

VerDate Sep 11 2014 04:19 May 17, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\K16MY7.056 H16MYPT1 H4012 CONGRESSIONAL RECORD — HOUSE May 16, 2018 In the two years since the creation of the going to be standing with them and we Week, I hope the House will consider taking Judiciary bipartisan Policing Strategies Work- are going to have their back. More this legislation up on the floor and passing ing Group, the Committee has advanced no often than not, they are the ones who it. On behalf of the more than 335,000 members police reform legislation. have our back. That is why this bill is of the Fraternal Order of Police, thank you The country’s interests would be better so important, Mr. Speaker. for considering our view on this important served by working to foster law enforcement I rise in strong support and urge all legislation. If I can provide any additional reforms aimed at helping local jurisdictions of my colleagues to support this impor- support for this bill or on any other matter, meet their constitutional obligation of fair and tant legislation. please do not hesitate to contact me or my unbiased policing. Repeatedly pursuing legis- Mr. NADLER. Mr. Speaker, I have no Senior Advisor, Jim Pasco, in my Wash- lation, such as H.R. 5698, will sow seeds of further speakers, and I reserve the bal- ington, D.C. office. division by ignoring the realities of police ac- ance of my time. Sincerely, Mr. GOODLATTE. Mr. Speaker, I in- CHUCK CANTERBURY, countability issues, thus ultimately under- National President. mining public safety. clude in the RECORD letters from the We should care equally about harms by and National Fraternal Order of Police NATIONAL ASSOCIATION OF against police officers and their impact on dated May 9, 2018; the National Asso- POLICE ORGANIZATIONS, INC., local communities. ciation of Police Organizations, Inc., Alexandria, Virginia, May 16, 2018. Out of respect for all who have lost their dated May 16, 2018; the Sergeants Be- House of Representatives, lives over the last year—both law enforcement nevolent Association, dated May 8, Washington, DC. and civilian—we must dedicate ourselves to 2018; and the National Sheriffs’ Asso- DEAR MEMBERS OF CONGRESS: On behalf of ciation, dated May 7, 2018, all endorsing the National Association of Police Organiza- engaging the difficult issues in reforming po- tions (NAPO), I am writing to you to advise lice practices to make lasting change in our this legislation. you of our strong support for H.R. 5698, the communities. NATIONAL FRATERNAL ORDER OF POLICE, Protect and Serve Act. Mr. GOODLATTE. Mr. Speaker, it is Washington, DC, 9 May 2018. NAPO is a coalition of police units and as- my honor to yield such time as he may Hon. PAUL D. RYAN, sociations from across the United States consume to the gentleman from Lou- Speaker of the House, House of Representatives, that serves to advance the interests of Amer- Washington, DC. isiana (Mr. SCALISE), a gentleman who ica’s law enforcement through legislative Hon. KEVIN O. MCCARTHY, can speak well of the role that law en- and legal advocacy, political action, and edu- Majority Leader, House of Representatives, cation. Founded in 1978, NAPO now rep- forcement officers play in saving lives. Washington, DC. resents more than 1,000 police units and asso- He is the chief majority whip of the Hon. NANCY P. PELOSI, ciations, 241,000 sworn law enforcement offi- House of Representatives. Minority Leader, House of Representatives, cers, and more than 100,000 citizens who Mr. SCALISE. Mr. Speaker, I thank Washington, DC. share a common dedication to fair and effec- the gentleman from Virginia for yield- Hon. STENY H. HOYER, tive crime control and law enforcement. ing. Minority Whip, House of Representatives, The Protect and Serve Act of 2018 provides I thank my colleague from Florida Washington, DC. for new criminal provisions for deliberate, DEAR MR. SPEAKER AND REPRESENTATIVES for bringing forward this important targeted attacks on officers. This bill is crit- MCCARTHY, PELOSI AND HOYER: I am writing ical, as there is a serious and growing trend bill, the Protect and Serve Act, and es- on behalf of the members of the Fraternal of armed attacks on law enforcement offi- pecially, Mr. Speaker, as we celebrate Order of Police to advise you of our strong cers. According to a December 2017 report law enforcement week nationally, a support for H.R. 5698, the ‘‘Protect and Serve from the Office of Community Oriented Po- time to really thank those men and Act,’’ which was favorably reported by the licing Services (COPS) and the National Law women who serve and put their uni- House Committee on the Judiciary earlier Enforcement Officers Memorial Fund, 2016 form on every day to protect us, pro- today and to urge that it be considered next saw a significant increase in ambush attacks tect our communities, and keep our week during National Police Week. on unsuspecting officers, with 21 shot and The legislation, introduced by Representa- country and communities safe. killed. 61% of those officers were not answer- tive John H. Rutherford (R–FL), a former ing a call for service or engaged in enforce- I know all too well just that value sheriff, and Val V. Demings (D–FL), a former ment action or performing official duties— and importance of having law enforce- police chief, would impose Federal penalties they were targeted and killed just for the ment and why they serve such an im- on individuals who deliberately target local, uniform they wore. 12 officers were murdered portant role. Nearly a year ago, when State or Federal law enforcement officers sitting in their patrol cars. we had the shooting in Virginia where with violence. This year 87 officers have been NAPO has long been fighting to establish a gunman targeted Members of Con- shot in the line of duty and 28 of them were stricter penalties for those who harm or tar- gress, it was those very law enforce- killed. Far too many of these murdered offi- get for harm law enforcement officers. Any cers were slain in ambush as was the case persons contemplating harming an officer ment officers—in this case, our United with Sergeant Noel Ramirez and Deputy must know that they will face serious pun- States Capitol Police—who were the Sheriff Taylor Lindsey of the Gilchrist Coun- ishments. NAPO strongly believes that in- heroes who went toward the danger and ty Sheriff’s Department in Florida. These creased penalties make important dif- confronted and took down the shooter, two officers were having lunch together ferences in the attitudes of criminals toward along with Virginia police who joined when they were assassinated by a man who public safety officers, and ensure protection in as well. fired through the restaurant’s window to kill for the community. While they were risking their lives them before turning the weapon on himself. On May 13th, 360 American law enforce- for us, they took on gunfire. They were Similarly, the violent transnational crimi- ment heroes, who gave their lives in the line nal organization MS–13 called for the assas- of duty, were honored at the 30th Annual shot themselves. In this case, it was sinations of police officers in New York so Candlelight Vigil. In memory of those offi- United States Capitol Police David the gang could ‘‘take back the streets’’—a cers and in the hope of ensuring there are Bailey and Crystal Griner, who were move clearly intended to intimidate the men fewer names added to the memorial walls just recently awarded incredible honors and women in uniform. next year, we ask that you join us in sup- from the President and national law Ambush attacks like this are increasing at porting H.R. 5698, the Protect and Serve Act. enforcement organizations for their he- an alarming rate. A report issued by the Fed- Sincerely, roic bravery. They went towards the eral Bureau of Investigation on the motiva- WILLIAM J. JOHNSON, Esq., CAE, fire, but they were shot and continued tions of cop-killers revealed that many of Executive Director. these attacks are motivated by a hatred or to take down and confront the shooter. animus toward law enforcement officers. SERGEANTS BENEVOLENT ASSOCIA- Why this bill is so important is be- This same report stated that these killers TION, POLICE DEPARTMENT, CITY cause it hardens penalties against any felt that the communities and elected offi- OF NEW YORK, criminal who would target law enforce- cials no longer supported their officers and New York, NY, May 8, 2018. ment officers. They deserve this pro- they would not face serious penalties for Hon. ROBERT GOODLATTE, tection. We have seen too often, in the their actions. We must change this perspec- Chairman, House Committee on the Judiciary, last 2 years, where police officers were tive and we believe the ‘‘Protect and Serve House of Representatives, Washington, DC. targeted by people because they wore Act’’ will do just that. Hon. JERROLD NADLER, We appreciate, as always, your leadership Ranking Member, House Committee on the Judi- the badge and because they are part of and your support for law enforcement offi- ciary, the thin blue line. cers and the families of those who fell in the House of Representatives, Washington, DC. We need to stand with them. We need line of duty. As our nation comes together to DEAR MR. CHAIRMAN AND REPRESENTATIVE to make it crystal clear that we are honor these heroes during National Police NADLER: I am writing on behalf of the more

VerDate Sep 11 2014 03:11 May 17, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.023 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4013 than 13,000 members of the Sergeants Benev- Each day deputies and officers put their which is not only untrue, but an unhelpful olent Association of the New York City Po- lives on the line to protect and serve their and dangerous narrative to uplift. And fi- lice Department (SBA) to thank you for communities. They are the mainstays of our nally, bills similar to Protect and Serve that scheduling the markup of the ‘‘Protect and communities, and should be treated with re- have been introduced in states around the Serve Act.’’ The SBA strongly supports this spect. Egregious acts such as targeting, in- country—so called ‘‘Blue Lives Matter’’ important officer safety legislation and we juring, or killing a law enforcement officer bills—appear to be a political response to the respectfully request that the Committee ad- should be punishable to the highest degree growing national movement for police ac- vance it to the full House of Representatives according to the severity of the crime. countability in the face of continued killings as expeditiously as possible. The National Sheriffs’ Association strong- and assaults of unarmed African Americans; Unfortunately for law enforcement officers ly supports The Protect and Serve Act of 2018 therefore, this bill is divisive and will have a today, it is a simple fact that they must as it works to punish individuals who com- negative impact on the relationship between maintain constant vigilance to the threats mit crimes targeting law enforcement offi- law enforcement and the communities they posed by those who seek to do them harm for cers. We believe this bill is an essential to serve. nothing more than the badge and uniform further defend the safety of our nation’s law i. Federal and state criminal laws already they wear. It is a vigilance borne out of what enforcement officers. offer ample protection to police officers. we have seen in recent years, as far too Sincerely, Federal law already has extremely strong many officers have made the ultimate sac- JONATHAN F. THOMPSON, penalties for people who commit crimes rifice at the hands of cowardly criminals who Executive Director and CEO. against law enforcement officers and other have intentionally targeted law enforcement Mr. GOODLATTE. Mr. Speaker, I am public officials. For example, federal laws officers for violence. Last month’s ambush impose a life sentence or death penalty on attack in Gilchrist, Florida that claimed the prepared to close, and I reserve the bal- persons convicted of first-degree murder of lives of Sgt. Noel Ramirez and Deputy Tay- ance of my time. federal employees or officers, killing state lor Lindsey is just the latest example of the Mr. NADLER. Mr. Speaker, I yield and local law enforcement officers or other rise in violence carried out on federal, state, myself the balance of my time. employees assisting with federal investiga- and local law enforcement. We have seen Mr. Speaker, as I stated at the outset tions and killing officers of the U.S. courts. similar attacks in Baton Rouge and Dallas in of debate today, I will not oppose this All fifty states have laws that enhance pen- 2016, as well as the assassination of our own alties for people who commit offenses NYPD Officers Rafael Ramos and Wenjian bill, although it merely duplicates existing law. It does not add any protec- against law enforcement officers, including Liu in December 2014. According to a recent for homicide and assault. joint study conducted by the COPS Program tion for the police and does not in- Moreover, there is no record that crimes and the National Law Enforcement Officers crease any penalty for someone who as- against law enforcement go unprosecuted or Memorial Fund, between 2010–2016 there were saults a police officer. I am not inter- are otherwise treated frivolously There is no 81 officers killed in ambush-style attacks— ested in falling into the trap of oppos- record to suggest that prosecutors are un- targeted specifically because they were uni- ing what amounts to a messaging bill willing or unable to charge individuals with formed police or deputies. Of this number, 25 brought forth during Police Week. crimes against law enforcement. In fact, of the officers attacked were responding to a But I want to be clear that I believe crimes against police officers are treated as call for service at the time of the ambush. H.R. 5698 represents a wasted oppor- among the most heinous criminal acts, given Because these types of attacks threaten to the high degree of culpability and punish- unravel the basic social fabric of our Na- tunity and appears tone-deaf to some ment attached to such crimes. tion—the rule of law—they must be met with of the real struggles happening in com- II. The Protect and Serve Act does not ad- the harshest of penalties. munities across our Nation. This bill is vance any stated policy goals, because law It is for these reasons and many others being contemplated at a time when our enforcement is not subject to increasing or that our organization is proud to support the country is in the throes of a national widespread attacks. ‘‘Protect and Serve Act,’’ which will help to policing crisis, with a never-ending There is no doubt that police work is a address the rise in attacks on, and increase dangerous undertaking, but the reality is the protection of, state and local law en- stream of police shootings of unarmed that there has been a continuing decline in forcement. Specifically, the bill aims to African Americans captured on video. the number of officers killed or assaulted in combat targeted violence against law en- Creating a new, yet superfluous the line of duty over the last several decades. forcement officers by creating a new federal crime for offenses committed against In the past ten years, the number of officers crime for perpetrating, or attempting to per- law enforcement is not a great idea be- feloniously killed has fluctuated, yet not sig- petrate, deliberate acts of violence against cause it doesn’t do anything. It is par- nificantly increased or decreased, as have federal, state, and local law enforcement of- ticularly not a great idea when we are ambush-style killings of officers. Given these ficers. It would also permit the U.S. Depart- ignoring the other problem that adds facts, this bill perpetuates a false narrative ment of Justice (DOJ) to assume jurisdiction to the danger for police officers, which that police are under increasing attack by and prosecute these heinous attacks on law their communities. Such a message is enforcement in those instances where the is the disconnectedness and estrange- unhelpful and unsupported. state has requested that DOJ assume juris- ment of many police forces from the Furthermore, the Protect and Serve Act diction, or where federal prosecution is in communities they serve. does nothing to meaningfully improve officer the public interest in order to secure justice. I hope this Congress will now get safety and wellness if that is an intended Penalties under the act would range from up back to the difficult work of legis- policy goal. For example, it does not call for to 10 years in federal prison to a life sentence lating meaningful solutions. I am en- support services, better training, improved if death results from the offense, or the of- couraged that my Republican col- safety measures, increased supervision, or fense involved kidnapping, attempted kid- any of the other multiple measures available napping, or an attempt to kill. leagues have made a commitment to to law enforcement that are widely accepted On behalf of the membership of the Ser- pursue balanced law enforcement ac- as promoting officer safety and wellbeing. geants Benevolent Association, thank you countability reform with hearings and, III. Protect and Serve Act is polarizing and again for your consideration of this impor- hopefully, the introduction of legisla- harms community-police relations. tant legislation. Please do not hesitate to tion. There is much work to be done. This bill is being contemplated at a time contact me, or our Washington Representa- Mr. Speaker, I include in the RECORD when our country is in the throes of a na- tives, if we can be of any further assistance. a letter from various civil rights and tional policing crisis, with a never-ending stream of police shootings of unarmed Afri- Sincerely, civil liberties groups relative to this ED MULLINS, can Americans captured on video. Creating a President. bill. new, yet superfluous, crime for offenses com- U.S. HOUSE OF REPRESENTATIVES, mitted against law enforcement is a particu- NATIONAL SHERIFFS’ ASSOCIATION, Washington, DC, May 15, 2018. larly disconnected and non-responsive policy Alexandria, VA, May 7, 2018. Re Coalition Opposition to H.R. 5698, the choice. Unfortunately, the Protect and Serve Congressman JOHN RUTHERFORD, Protect and Serve Act of 2018. Act is similar to other ‘‘Blue Lives Matter’’ House of Representatives, DEAR MEMBERS OF CONGRESS: On behalf of type bills that create new criminal offenses Washington, DC. the 28 undersigned civil rights, civil lib- and penalty enhancements for crimes DEAR REPRESENTATIVE RUTHERFORD: On be- erties, faith-based, and government account- against police. half of the National Sheriffs’ Association ability organizations, we write to urge you Collectively, these policy efforts, which (NSA) and the more than 3,000 elected sher- to oppose H.R. 5698, the Protect and Serve have sprung up amid the national call for po- iffs nationwide, we write to endorse The Pro- Act of 2018, which creates a new crime for of- lice accountability, appear to be a political tect and Serve Act of 2018. We believe that fenses that target law enforcement officers. response to the powerful activism of grass- your proposal of this bill is necessary and vi- First, police already have substantial pro- roots movements that demand fair and con- tally important to the safety and protection tections under federal and state law, ren- stitutional policing. Rather than focusing on of our country’s federal, state, and local law dering this bill superfluous. Second, this bill policies that address issues of police exces- enforcement. signals that there is a ‘‘war on police,’’ sive force, biased policing, and other police

VerDate Sep 11 2014 04:19 May 17, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.025 H16MYPT1 H4014 CONGRESSIONAL RECORD — HOUSE May 16, 2018 practices that have failed these commu- its intent that it is definitely not harm’s way each day, including correc- nities, the Protect and Serve Act’s aim is to changing our Federal hate crime stat- tions officers. further criminalize. This bill will be received utes. Mr. Speaker, this amendment is im- as yet another attack on these communities and threatens to exacerbate what is already This legislation this week, National portant because it ensures that, in a discriminatory system of mass incarcer- Police Week, sends an important signal practice, this statute can be used more ation in this country. Continuing to under- not just to our Nation’s law enforce- efficiently to protect law enforcement mine police-community relations in this ment officers, 900,000 strong, but far be- officers. It also ensures that nobody manner sows seeds of division, which ulti- yond that, to all Americans, that we who wears a badge will be unintention- mately threatens public safety and under- are placing a very, very high priority ally excluded from the bill’s protec- mines the work of law enforcement. For the reasons summarized above, we on saving the lives of men and women tions. urge you to vote against the Protect and who put their lives on the line to pro- Mr. Speaker, I urge my colleagues to Serve Act as it comes before the U.S. House tect us, to protect our freedoms, to support this amendment, and I reserve of Representatives. There is no justification protect our opportunities, to protect the balance of my time. for creating a new crime for offenses com- our families, to protect our commu- Mr. NADLER. Mr. Speaker, I claim mitted against law enforcement. At a time nities, and making sure that people the time in opposition to the amend- when we need to foster healing between law who ambush police officers and take ment. enforcement and our communities, we should police officers’ lives are held fully ac- The SPEAKER pro tempore. The gen- not be considering legislation which not only does nothing to advance the goal of officer countable, which is what this bill does. tleman from New York is recognized safety, but will further erode the relation- It is a good bill. It is an important bill. for 5 minutes. ship between police and communities. I urge my colleagues to support it. Mr. NADLER. Mr. Speaker, I support Thank you for your consideration of this Mr. Speaker, I yield back the balance the amendment, and I yield back the matter. If you have any questions, please of my time. balance of my time. contact Kanya Bennett of the ACLU; Sakira The SPEAKER pro tempore. All time Mr. GOODLATTE. Mr. Speaker, that Cook of The Leadership Conference or Sonia Gill Hernandez of the NAACP Legal Defense for debate on the bill has expired. is good news, and I yield back the bal- and Educational Fund, Inc. AMENDMENT NO. 1 PRINTED IN PART A OF HOUSE ance of my time. Sincerely, REPORT 115–677 OFFERED BY MR. GOODLATTE The SPEAKER pro tempore. Pursu- American Civil Liberties Union; Anti-Defa- Mr. GOODLATTE. Mr. Speaker, I ant to the rule, the previous question mation League; Campaign for Youth Justice; have an amendment at the desk. is ordered on the bill and on the Church of Scientology National Affairs Of- The SPEAKER pro tempore. The amendment offered by the gentleman fice; CLASP; The Daniel Initiative; Defend- from Virginia (Mr. GOODLATTE). ing Rights & Dissent; Friends Committee on Clerk will designate the amendment. National Legislation; Human Rights Watch; The text of the amendment is as fol- The question is on the amendment Government Information Watch; Law En- lows: offered by the gentleman from Virginia forcement Action Partnership; The Leader- Page 3, beginning on line 13, strike ‘‘know- (Mr. GOODLATTE). ship Conference on Civil and Human Rights; ingly causes serious bodily injury to a law The amendment was agreed to. Muslim Advocates; NAACP. enforcement officer’’ and insert ‘‘knowingly b 1545 NAACP Legal Defense and Educational assaults a law enforcement officer causing Fund, Inc.; National Action Network; Na- serious bodily injury’’. The SPEAKER pro tempore. The tional Association of Criminal Defense Law- Beginning on page 5, strike line 24 and all question is on the engrossment and yers; National Association of Social Work- that follows through page 6, line 8, and insert third reading of the bill. ers; National Bar Association; National Cen- the following: The bill was ordered to be engrossed ter for Transgender Equality; Nation Council ‘‘(1) LAW ENFORCEMENT OFFICER.—The term of Jewish Women; The National Council for and read a third time, and was read the ‘law enforcement officer’ means an employee third time. Incarcerated and Formerly Incarcerated of a governmental or public agency who is Women and Girls; National Council of authorized by law— The SPEAKER pro tempore. The Churches; People for the American Way; ‘‘(A) to engage in or supervise the preven- question is on the passage of the bill. PolicyLink; South Asian Americans Leading tion, detection, or the investigation of any The question was taken; and the Together; Southern Poverty Law Center; criminal violation of law; or Speaker pro tempore announced that StoptheDrugWar.org. ‘‘(B) to engage in or supervise the deten- the ayes appeared to have it. Mr. NADLER. Mr. Speaker, I yield tion or the incarceration of any person for Mr. GOODLATTE. Mr. Speaker, on back the balance of my time. any criminal violation of law.’’. that I demand the yeas and nays. Mr. GOODLATTE. Mr. Speaker, I The SPEAKER pro tempore. Pursu- The yeas and nays were ordered. yield myself the balance of my time. ant to House Resolution 891, the gen- I just want to make it very clear how The SPEAKER pro tempore. Pursu- tleman from Virginia (Mr. GOODLATTE) important this legislation is for pro- ant to clause 8 of rule XX, further pro- and a Member opposed each will con- tecting law enforcement officers be- ceedings on this question will be post- trol 5 minutes. cause it sends a message that we are poned. The Chair recognizes the gentleman going to handle these cases in a new f from Virginia. way. Mr. GOODLATTE. Mr. Speaker, I VETERANS CEMETERY BENEFIT Some have criticized this bill, claim- CORRECTION ACT ing that it is a hate crime. While I yield myself such time as I may con- share those individuals’ concerns about sume. Mr. ROE of Tennessee. Mr. Speaker, Federal hate crime statutes, I am This amendment makes two small, pursuant to House Resolution 891, I pleased to tell the Members of this but important changes to the under- call up the bill (S. 2372) to amend title Congress that this bill before us did not lying legislation. 38, United States Code, to provide create a new Federal hate crime. That It first clarifies the language of the outer burial receptacles for remains is because the legislation does not use bill to assure those who are prosecuted buried in National Parks, and for other the language from the hate crime stat- are acting with some level of intent in purposes, and ask for its immediate ute that requires the government prove injuring a police officer. It does this by consideration in the House. the defendant acted ‘‘because of the ac- changing the language from ‘‘know- The Clerk read the title of the bill. tual or perceived’’ status of the victim. ingly causing serious bodily injury to a The SPEAKER pro tempore. Pursu- What this bill does is penalize know- law enforcement officer’’ to ‘‘know- ant to House Resolution 891, an amend- ingly attacking a law enforcement offi- ingly assaults a law enforcement offi- ment in the nature of a substitute con- cer. Given the increase in ambush-style cer causing serious bodily harm.’’ This sisting of the text of H.R. 5674, as re- attacks on law enforcement, which was change will avoid covering situations ported by the Committee on Veterans’ detailed earlier, this bill represents a where someone unintentionally harms Affairs, as modified by the amendment solution to a growing problem: the kill- a police officer. printed in part B of House Report 115– ing of police officers. It is narrowly tai- The amendment also amends the def- 677, is adopted, and the bill, as amend- lored to accomplish that goal. inition of law enforcement officer to ed, is considered read. Therefore, I want to assure those ensure it covers all law enforcement of- The text of the bill, as amended, is as Members who may be concerned about ficers who are putting themselves in follows:

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.027 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4015 S. 2372 Subtitle B—Improving Department of Veterans TITLE V—OTHER MATTERS Be it enacted by the Senate and House of Rep- Affairs Health Care Delivery Sec. 501. Annual report on performance awards resentatives of the United States of America in Sec. 151. Licensure of health care professionals and bonuses awarded to certain Congress assembled, of the Department of Veterans Af- high-level employees of the de- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. fairs providing treatment via tele- partment. Sec. 502. Role of podiatrists in Department of (a) SHORT TITLE.—This Act may be cited as medicine. the ‘‘John S. McCain III, Daniel K. Akaka, and Sec. 152. Authority for Department of Veterans Veterans Affairs. Sec. 503. Definition of major medical facility Samuel R. Johnson VA Maintaining Internal Affairs Center for Innovation for project. Systems and Strengthening Integrated Outside Care and Payment. Sec. 504. Authorization of certain major medical Networks Act of 2018’’ or the ‘‘VA MISSION Act Sec. 153. Authorization to provide for oper- facility projects of the Department of 2018’’. ations on live donors for purposes of Veterans Affairs. (b) TABLE OF CONTENTS.—The table of con- of conducting transplant procedures for veterans. Sec. 505. Department of Veterans Affairs per- tents for this Act is as follows: sonnel transparency. Sec. 1. Short title; table of contents. Subtitle C—Family Caregivers Sec. 506. Program on establishment of peer spe- TITLE I—CARING FOR OUR VETERANS Sec. 161. Expansion of family caregiver program cialists in patient aligned care of Department of Veterans Af- team settings within medical cen- Sec. 100. Short title; references to title 38, fairs. ters of Department of Veterans United States Code. Sec. 162. Implementation of information tech- Affairs. Subtitle A—Developing an Integrated High- nology system of Department of Sec. 507. Department of Veterans Affairs med- Performing Network Veterans Affairs to assess and im- ical scribe pilot program. CHAPTER 1—ESTABLISHING COMMUNITY CARE prove the family caregiver pro- Sec. 508. Loans guaranteed under home loan PROGRAMS gram. program of Department of Vet- Sec. 101. Establishment of Veterans Community Sec. 163. Modifications to annual evaluation re- erans Affairs. Care Program. port on caregiver program of De- Sec. 509. Extension of reduction in amount of pension furnished by Department Sec. 102. Authorization of agreements between partment of Veterans Affairs. of Veterans Affairs for certain Department of Veterans Affairs TITLE II—VA ASSET AND veterans covered by Medicaid and non-Department providers. INFRASTRUCTURE REVIEW plans for services furnished by Sec. 103. Conforming amendments for State vet- Subtitle A—Asset and Infrastructure Review nursing facilities. erans homes. Sec. 201. Short title. Sec. 510. Appropriation of amounts. Sec. 104. Access standards and standards for Sec. 202. The Commission. Sec. 511. Technical correction. quality. Sec. 203. Procedure for making recommenda- Sec. 105. Access to walk-in care. TITLE I—CARING FOR OUR VETERANS tions. Sec. 106. Strategy regarding the Department of SEC. 100. SHORT TITLE; REFERENCES TO TITLE Sec. 204. Actions regarding infrastructure and Veterans Affairs High-Performing 38, UNITED STATES CODE. facilities of the Veterans Health Integrated Health Care Network. (a) SHORT TITLE.—This title may be cited as Administration. Sec. 107. Applicability of Directive of Office of the ‘‘Caring for Our Veterans Act of 2018’’. Sec. 205. Implementation. Federal Contract Compliance Pro- (b) REFERENCES TO TITLE 38, UNITED STATES Sec. 206. Department of Veterans Affairs Asset grams. CODE.—Except as otherwise expressly provided, and Infrastructure Review Ac- Sec. 108. Prevention of certain health care pro- whenever in this title an amendment or repeal is count. viders from providing non-Depart- expressed in terms of an amendment to, or re- Sec. 207. Congressional consideration of Com- ment health care services to vet- peal of, a section or other provision, the ref- mission report. erans. erence shall be considered to be made to a sec- Sec. 208. Other matters. Sec. 109. Remediation of medical service lines. tion or other provision of title 38, United States Sec. 209. Definitions. Code. CHAPTER 2—PAYING PROVIDERS AND IMPROVING Subtitle B—Other Infrastructure Matters Subtitle A—Developing an Integrated High- COLLECTIONS Sec. 211. Improvement to training of construc- Performing Network Sec. 111. Prompt payment to providers. tion personnel. CHAPTER 1—ESTABLISHING COMMUNITY Sec. 112. Authority to pay for authorized care Sec. 212. Review of enhanced use leases. CARE PROGRAMS not subject to an agreement. Sec. 213. Assessment of health care furnished Sec. 113. Improvement of authority to recover SEC. 101. ESTABLISHMENT OF VETERANS COMMU- by the Department to veterans the cost of services furnished for NITY CARE PROGRAM. who live in the Pacific territories. (a) ESTABLISHMENT OF PROGRAM.— non-service-connected disabilities. (1) IN GENERAL.—Section 1703 is amended to Sec. 114. Processing of claims for reimbursement TITLE III—IMPROVEMENTS TO RECRUIT- read as follows: through electronic interface. MENT OF HEALTH CARE PROFESSIONALS ‘‘§ 1703. Veterans Community Care Program CHAPTER 3—EDUCATION AND TRAINING Sec. 301. Designated scholarships for physicians N ENERAL PROGRAMS and dentists under Department of ‘‘(a) I G .—(1) There is established a Veterans Affairs Health Profes- program to furnish hospital care, medical serv- Sec. 121. Education program on health care op- sional Scholarship Program. ices, and extended care services to covered vet- tions. Sec. 302. Increase in maximum amount of debt erans through health care providers specified in Sec. 122. Training program for administration that may be reduced under Edu- subsection (c). of non-Department of Veterans cation Debt Reduction Program of ‘‘(2) The Secretary shall coordinate the fur- Affairs health care. Department of Veterans Affairs. nishing of hospital care, medical services, and Sec. 123. Continuing medical education for non- Sec. 303. Establishing the Department of Vet- extended care services under this section to cov- Department medical professionals. erans Affairs Specialty Education ered veterans, including coordination of, at a CHAPTER 4—OTHER MATTERS RELATING TO NON- Loan Repayment Program. minimum, the following: DEPARTMENT OF VETERANS AFFAIRS PROVIDERS Sec. 304. Veterans healing veterans medical ac- ‘‘(A) Ensuring the scheduling of medical ap- Sec. 131. Establishment of processes to ensure cess and scholarship program. pointments in a timely manner and the estab- safe opioid prescribing practices Sec. 305. Bonuses for recruitment, relocation, lishment of a mechanism to receive medical by non-Department of Veterans and retention. records from non-Department providers. Affairs health care providers. Sec. 306. Inclusion of Vet Center employees in ‘‘(B) Ensuring continuity of care and services. Sec. 132. Improving information sharing with Education Debt Reduction Pro- ‘‘(C) Ensuring coordination among regional community providers. gram of Department of Veterans networks if the covered veteran accesses care Sec. 133. Competency standards for non-De- Affairs. and services in a different network than the re- partment of Veterans Affairs gional network in which the covered veteran re- TITLE IV—HEALTH CARE IN sides. health care providers. UNDERSERVED AREAS Sec. 134. Department of Veterans Affairs par- ‘‘(D) Ensuring that covered veterans do not Sec. 401. Development of criteria for designa- ticipation in national network of experience a lapse in care resulting from errors tion of certain medical facilities of State-based prescription drug or delays by the Department or its contractors the Department of Veterans Af- monitoring programs. or an unusual or excessive burden in accessing fairs as underserved facilities and hospital care, medical services, or extended care CHAPTER 5—OTHER NON-DEPARTMENT HEALTH plan to address problem of under- services. CARE MATTERS served facilities. ‘‘(3) A covered veteran may only receive care Sec. 141. Plans for Use of Supplemental Appro- Sec. 402. Pilot program to furnish mobile de- or services under this section upon the author- priations Required. ployment teams to underserved fa- ization of such care or services by the Secretary. Sec. 142. Veterans Choice Fund flexibility. cilities. ‘‘(b) COVERED VETERANS.—For purposes of Sec. 143. Sunset of Veterans Choice Program. Sec. 403. Pilot program on graduate medical this section, a covered veteran is any veteran Sec. 144. Conforming amendments. education and residency. who—

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 H4016 CONGRESSIONAL RECORD — HOUSE May 16, 2018 ‘‘(1) is enrolled in the system of annual pa- from the Department medical facility where a ‘‘(B) The Secretary shall ensure continuity tient enrollment established and operated under covered veteran seeks hospital care, medical and coordination of care for any veteran who section 1705 of this title; or services, or extended care services, which shall elects to receive care or services under para- ‘‘(2) is not enrolled in such system but is oth- include consideration of the following: graph (1) from a health care provider specified erwise entitled to hospital care, medical services, ‘‘(i) Whether the covered veteran faces an ex- in subsection (c) through the completion of an or extended care services under subsection (c)(2) cessive driving distance, geographical challenge, episode of care. of such section. or environmental factor that impedes the access ‘‘(4) The Secretary shall publish in the Fed- ‘‘(c) HEALTH CARE PROVIDERS SPECIFIED.— of the covered veteran. eral Register, and shall take all reasonable steps Health care providers specified in this sub- ‘‘(ii) Whether the hospital care, medical serv- to provide direct notice to covered veterans af- section are the following: ices, or extended care services sought by the vet- fected under this subsection, at least once each ‘‘(1) Any health care provider that is partici- eran is provided by a medical facility of the De- year stating the time period during which such pating in the Medicare program under title partment that is reasonably accessible to a cov- care and services will be available, the location XVIII of the Social Security Act (42 U.S.C. 1395 ered veteran. or locations where such care and services will be et seq.), including any physician furnishing ‘‘(iii) Whether a medical condition of the cov- available, and the clinical services available at services under such a program. ered veteran affects the ability of the covered each location under this subsection in accord- ‘‘(2) The Department of Defense. veteran to travel. ance with regulations the Secretary shall pre- ‘‘(iv) Whether there is compelling reason, as ‘‘(3) The Indian Health Service. scribe. determined by the Secretary, that the veteran ‘‘(4) Any Federally-qualified health center (as ‘‘(5) When the Secretary exercises the author- needs to receive hospital care, medical services, defined in section 1905(l)(2)(B) of the Social Se- ity under paragraph (1), the decision to receive or extended care services from a medical facility curity Act (42 U.S.C. 1396d(l)(2)(B))). care or services under such paragraph from a other than a medical facility of the Department. ‘‘(5) Any health care provider not otherwise health care provider specified in subsection (c) covered under any of paragraphs (1) through (4) ‘‘(v) Such other considerations as the Sec- retary considers appropriate. shall be at the election of the covered veteran. that meets criteria established by the Secretary ‘‘(3) If the Secretary has determined that the ‘‘(f) REVIEW OF DECISIONS.—The review of for purposes of this section. Department does not offer the care or services any decision under subsection (d) or (e) shall be ‘‘(d) CONDITIONS UNDER WHICH CARE IS RE- the covered veteran requires under subpara- subject to the Department’s clinical appeals QUIRED TO BE FURNISHED THROUGH NON-DE- graph (A) of paragraph (1), that the Department process, and such decisions may not be appealed PARTMENT PROVIDERS.—(1) The Secretary shall, does not operate a full-service medical facility in to the Board of Veterans’ Appeals. subject to the availability of appropriations, the State in which the covered veteran resides ‘‘(g) TIERED NETWORK.—(1) To promote the furnish hospital care, medical services, and ex- under subparagraph (B) of such paragraph, provision of high-quality and high-value hos- tended care services to a covered veteran that the covered veteran is described under sub- pital care, medical services, and extended care through health care providers specified in subparagraph (C) of such paragraph, or that the services under this section, the Secretary may section (c) if— Department is not able to furnish care or serv- develop a tiered provider network of eligible pro- ‘‘(A) the Department does not offer the care or ices in a manner that complies with designated viders based on criteria established by the Sec- services the veteran requires; access standards developed by the Secretary retary for purposes of this section. ‘‘(B) the Department does not operate a full- under section 1703B of this title under subpara- ‘‘(2) In developing a tiered provider network service medical facility in the State in which the graph (D) of such paragraph, the decision to re- of eligible providers under paragraph (1), the covered veteran resides; ceive hospital care, medical services, or extended Secretary shall not prioritize providers in a tier ‘‘(C)(i) the covered veteran was an eligible care services under such subparagraphs from a over providers in any other tier in a manner veteran under section 101(b)(2)(B) of the Vet- health care provider specified in subsection (c) that limits the choice of a covered veteran in se- erans Access, Choice, and Accountability Act of shall be at the election of the veteran. lecting a health care provider specified in sub- 2014 (Public Law 113–146; 38 U.S.C. 1701 note) as ‘‘(e) CONDITIONS UNDER WHICH CARE IS AU- section (c) for receipt of hospital care, medical of the day before the date of the enactment of THORIZED TO BE FURNISHED THROUGH NON-DE- services, or extended care services under this the Caring for Our Veterans Act of 2018; PARTMENT PROVIDERS.—(1)(A) The Secretary section. ‘‘(ii) continues to reside in a location that may furnish hospital care, medical services, or ‘‘(h) CONTRACTS TO ESTABLISH NETWORKS OF would qualify the veteran for eligibility under extended care services through a health care HEALTH CARE PROVIDERS.—(1) The Secretary such section; and provider specified in subsection (c) to a covered shall enter into consolidated, competitively bid ‘‘(iii) either— veteran served by a medical service line of the contracts to establish networks of health care ‘‘(I) resides in one of the five States with the Department that the Secretary has determined is providers specified in paragraphs (1) and (5) of lowest population density as determined by data not providing care that complies with the stand- subsection (c) for purposes of providing suffi- from the 2010 decennial census; or ards for quality the Secretary shall establish cient access to hospital care, medical services, or ‘‘(II) resides in a State not described in sub- under section 1703C. extended care services under this section. clause (I) and— ‘‘(B) In carrying out subparagraph (A), the ‘‘(2)(A) The Secretary shall, to the extent ‘‘(aa) received care or services under this title Secretary shall— practicable, ensure that covered veterans are in the year preceding the enactment of the Car- ‘‘(i) measure timeliness of the medical service able to make their own appointments using ad- ing for Our Veterans Act of 2018; and line at a facility of the Department when com- vanced technology. ‘‘(bb) is seeking care or services within two pared with the same medical service line at dif- ‘‘(B) To the extent practicable, the Secretary years of the date of the enactment of the Caring ferent Department facilities; and shall be responsible for the scheduling of ap- for Our Veterans Act of 2018; ‘‘(ii) measure quality at a medical service line pointments for hospital care, medical services, ‘‘(D) the covered veteran has contacted the of a facility of the Department by comparing it and extended care services under this section. Department to request care or services and the with two or more distinct and appropriate qual- ‘‘(3)(A) The Secretary may terminate a con- Department is not able to furnish such care or ity measures at non-Department medical service tract with an entity entered into under para- services in a manner that complies with des- lines. graph (1) at such time and upon such notice to ignated access standards developed by the Sec- ‘‘(C)(i) The Secretary may not concurrently the entity as the Secretary may specify for pur- retary under section 1703B of this title; or furnish hospital care, medical services, or ex- poses of this section, if the Secretary notifies the ‘‘(E) the covered veteran and the covered vet- tended care services under subparagraph (A) appropriate committees of Congress that, at a eran’s referring clinician agree that furnishing with respect to more than three medical service minimum— care and services through a non-Department en- lines described in such subparagraph at any one ‘‘(i) the entity— tity or provider would be in the best medical in- health care facility of the Department. ‘‘(I) failed to comply substantially with the terest of the covered veteran based upon criteria ‘‘(ii) The Secretary may not concurrently fur- provisions of the contract or with the provisions developed by the Secretary. nish hospital care, medical services, or extended of this section and the regulations prescribed ‘‘(2) The Secretary shall ensure that the cri- care services under subparagraph (A) with re- under this section; teria developed under paragraph (1)(E) include spect to more than 36 medical service lines na- ‘‘(II) failed to comply with the access stand- consideration of the following: tionally described in such subparagraph. ards or the standards for quality established by ‘‘(A) The distance between the covered vet- ‘‘(2) The Secretary may limit the types of hos- the Secretary; eran and the facility that provides the hospital pital care, medical services, or extended care ‘‘(III) is excluded from participation in a Fed- care, medical services, or extended care services services covered veterans may receive under eral health care program (as defined in section the veteran needs. paragraph (1) in terms of the length of time 1128B(f) of the Social Security Act (42 U.S.C. ‘‘(B) The nature of the hospital care, medical such care and services will be available, the lo- 1320a–7b(f))) under section 1128 or 1128A of the services, or extended care services required. cation at which such care and services will be Social Security Act (42 U.S.C. 1320a–7 and ‘‘(C) The frequency that the hospital care, available, and the clinical care and services that 1320a–7a); medical services, or extended care services needs will be available. ‘‘(IV) is identified as an excluded source on to be furnished. ‘‘(3)(A) Except as provided for in subpara- the list maintained in the System for Award ‘‘(D) The timeliness of available appointments graph (B), the hospital care, medical services, Management, or any successor system; or for the hospital care, medical services, or ex- and extended care services authorized under ‘‘(V) has been convicted of a felony or other tended care services the veteran needs. paragraph (1) with respect to a medical service serious offense under Federal or State law and ‘‘(E) Whether the covered veteran faces an line shall cease when the remediation described the continued participation of the entity would unusual or excessive burden to access hospital in section 1706A with respect to such medical be detrimental to the best interests of veterans or care, medical services, or extended care services service line is complete. the Department;

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4017 ‘‘(ii) it is reasonable to terminate the contract ‘‘(3) With respect to furnishing care or serv- under this section, the Secretary shall do the based on the health care needs of veterans; or ices under this section in Alaska, the Alaska Fee following: ‘‘(iii) it is reasonable to terminate the contract Schedule of the Department of Veterans Affairs ‘‘(A) With respect to hospital care, medical based on coverage provided by contracts or shall be followed, except for when another pay- services, and extended care services furnished sharing agreements entered into under authori- ment agreement, including a contract or pro- through provider networks established under ties other than this section. vider agreement, is in effect. subsection (i)— ‘‘(B) Nothing in subparagraph (A) may be ‘‘(4) With respect to furnishing hospital care, ‘‘(i) compile data on the types of hospital construed to restrict the authority of the Sec- medical services, or extended care services under care, medical services, and extended care serv- retary to terminate a contract entered into this section in a State with an All-Payer Model ices furnished through such networks and how under paragraph (1) under any other provision Agreement under section 1814(b)(3) of the Social many patients used each type of care and serv- of law. Security Act (42 U.S.C. 1395f(b)(3)) that became ice; ‘‘(4) Whenever the Secretary provides notice to effective on or after January 1, 2014, the Medi- ‘‘(ii) identify gaps in hospital care, medical an entity that the entity is failing to meet con- care payment rates under paragraph (2)(A) services, or extended care services furnished tractual obligations entered into under para- shall be calculated based on the payment rates through such networks; graph (1), the Secretary shall submit to the under such agreement. ‘‘(iii) identify how such gaps may be fixed Committee on Veterans’ Affairs of the Senate ‘‘(5) Notwithstanding paragraph (1), the Sec- through new contracts within such networks or and the Committee on Veterans’ Affairs of the retary may incorporate, to the extent prac- changes in the manner in which hospital care, House of Representatives a report on such fail- ticable, the use of value-based reimbursement medical services, or extended care services are ure. Such report shall include the following: models to promote the provision of high-quality furnished through such networks; ‘‘(A) An explanation of the reasons for pro- care. ‘‘(iv) assess the total amounts spent by the viding such notice. ‘‘(6) With respect to hospital care, medical Department on hospital care, medical services, ‘‘(B) A description of the effect of such fail- services, or extended care services for which and extended care services furnished through ure, including with respect to cost, schedule, there is not a rate paid under the Medicare pro- such networks; and requirements. gram as described in paragraph (1), the rate ‘‘(v) assess the timeliness of the Department in ‘‘(C) A description of the actions taken by the paid for such care or services shall be deter- referring hospital care, medical services, and ex- Secretary to mitigate such failure. mined by the Secretary. tended care services to such networks; and ‘‘(D) A description of the actions taken by the ‘‘(j) TREATMENT OF OTHER HEALTH PLAN CON- ‘‘(vi) assess the timeliness of such networks contractor to address such failure. TRACTS.—In any case in which a covered vet- in— ‘‘(E) A description of any effect on the com- eran is furnished hospital care, medical services, ‘‘(I) accepting referrals; and munity provider market for veterans in the af- or extended care services under this section for ‘‘(II) scheduling and completing appoint- fected area. a non-service-connected disability described in ments. ‘‘(5)(A) The Secretary shall instruct each enti- subsection (a)(2) of section 1729 of this title, the ‘‘(B) Report the number of medical service ty awarded a contract under paragraph (1) to Secretary shall recover or collect reasonable lines the Secretary has determined under sub- recognize and accept, on an interim basis, the charges for such care or services from a health section (e)(1) not to be providing hospital care, credentials and qualifications of health care plan contract described in section 1729 in ac- medical services, or extended care services that providers who are authorized to furnish hospital cordance with such section. comply with the standards for quality estab- care and medical services to veterans under a ‘‘(k) PAYMENT BY VETERAN.—A covered vet- lished by the Secretary. community care program of the Department in eran shall not pay a greater amount for receiv- ‘‘(C) Assess the use of academic affiliates and effect as of the day before the date of the enacting care or services under this section than the centers of excellence of the Department to fur- ment of the Caring for Our Veterans Act of 2018, amount the veteran would pay for receiving the nish hospital care, medical services, and ex- including under the Patient-Centered Commu- same or comparable care or services at a medical tended care services to covered veterans under nity Care Program and the Veterans Choice facility of the Department or from a health care this section. Program under section 101 of the Veterans Ac- provider of the Department. ‘‘(D) Assess the hospital care, medical serv- cess, Choice, and Accountability Act of 2014 ‘‘(l) TRANSPLANT AUTHORITY FOR IMPROVED ices, and extended care services furnished to (Public Law 113–146; 38 U.S.C. 1701 note), as ACCESS.—(1) In the case of a covered veteran de- covered veterans under this section by medical qualified providers under the program estab- scribed in paragraph (2), the Secretary shall de- facilities operated by Federal agencies other lished under this section. termine whether to authorize an organ or bone than the Department. ‘‘(B) The interim acceptance period under marrow transplant for that covered veteran at a ‘‘(3) Not later than 540 days after the date of subparagraph (A) shall be determined by the non-Department facility. the enactment of the Caring for Our Veterans Secretary based on the following criteria: ‘‘(2) A covered veteran described in this para- Act of 2018 and not less frequently than once ‘‘(i) With respect to a health care provider, graph— each year thereafter, the Secretary shall submit when the current certification agreement for the ‘‘(A) requires an organ or bone marrow trans- to the Committee on Veterans’ Affairs of the health care provider expires. plant; and Senate and the Committee on Veterans’ Affairs ‘‘(ii) Whether the Department has enacted ‘‘(B) has, in the opinion of the primary care of the House of Representatives a report on the certification and eligibility criteria and regu- provider of the veteran, a medically compelling information gathered under paragraph (2). latory procedures by which non-Department reason to travel outside the region of the Organ ‘‘(n) PROHIBITION ON CERTAIN LIMITATIONS.— providers will be authorized under this section. Procurement and Transplantation Network, es- (1) The Secretary shall not limit the types of ‘‘(6) The Secretary shall establish a system or tablished under section 372 of the National hospital care, medical services, or extended care systems for monitoring the quality of care pro- Organ Transplantation Act (Public Law 98–507; services covered veterans may receive under this vided to covered veterans through a network 42 U.S.C. 274), in which the veteran resides, to section if it is in the best medical interest of the under this subsection and for assessing the receive such transplant. veteran to receive such hospital care, medical quality of hospital care, medical services, and ‘‘(m) MONITORING OF CARE PROVIDED.—(1)(A) services, or extended care services, as deter- extended care services furnished through such Not later than 540 days after the date of the en- mined by the veteran and the veteran’s health network before the renewal of the contract for actment of the Caring for Our Veterans Act of care provider. such network. 2018, and not less frequently than annually ‘‘(2) No provision in this section may be con- ‘‘(i) PAYMENT RATES FOR CARE AND SERV- thereafter, the Secretary shall submit to appro- strued to alter or modify any other provision of ICES.—(1) Except as provided in paragraph (2), priate committees of Congress a review of the law establishing specific eligibility criteria for and to the extent practicable, the rate paid for types and frequency of care sought under sub- certain hospital care, medical services, or ex- hospital care, medical services, or extended care section (d). tended care services. services under any provision in this title may ‘‘(B) The review submitted under subpara- ‘‘(o) DEFINITIONS.—In this section: not exceed the rate paid by the United States to graph (A) shall include an assessment of the fol- ‘‘(1) The term ‘appropriate committees of Con- a provider of services (as defined in section lowing: gress’ means— 1861(u) of the Social Security Act (42 U.S.C. ‘‘(i) The top 25 percent of types of care and ‘‘(A) the Committee on Veterans’ Affairs and 1395x(u))) or a supplier (as defined in section services most frequently provided under sub- the Committee on Appropriations of the Senate; 1861(d) of such Act (42 U.S.C. 1395x(d))) under section (d) due to the Department not offering and the Medicare program under title XI or title such care and services. ‘‘(B) the Committee on Veterans’ Affairs and XVIII of the Social Security Act (42 U.S.C. 1301 ‘‘(ii) The frequency such care and services the Committee on Appropriations of the House et seq.), including section 1834 of such Act (42 were sought by covered veterans under this sec- of Representatives. U.S.C. 1395m), for the same care or services. tion. ‘‘(2) The term ‘medical service line’ means a ‘‘(2)(A) A higher rate than the rate paid by ‘‘(iii) An analysis of the reasons the Depart- clinic within a Department medical center.’’. the United States as described in paragraph (1) ment was unable to provide such care and serv- (2) CLERICAL AMENDMENT.—The table of sec- may be negotiated with respect to the furnishing ices. tions at the beginning of chapter 17 is amended of care or services to a covered veteran who re- ‘‘(iv) Any steps the Department took to pro- by striking the item relating to section 1703 and sides in a highly rural area. vide such care and services at a medical facility inserting the following new item: ‘‘(B) In this paragraph, the term ‘highly rural of the Department. ‘‘1703. Veterans Community Care Program.’’. area’ means an area located in a county that ‘‘(v) The cost of such care and services. (b) EFFECTIVE DATE.—Section 1703 of title 38, has fewer than seven individuals residing in ‘‘(2) In monitoring the hospital care, medical United States Code, as amended by subsection that county per square mile. services, and extended care services furnished (a), shall take effect on the later of—

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 H4018 CONGRESSIONAL RECORD — HOUSE May 16, 2018 (1) the date that is 30 days after the date on ‘‘(B) An agreement entered into under this ‘‘(1) establish deadlines for actions on appli- which the Secretary of Veterans Affairs submits section to provide hospital care, a medical serv- cations for certification; the report required under section 101(q)(2) of the ice, or an extended care service shall be known ‘‘(2) set forth standards for an approval or de- Veterans Access, Choice, and Accountability Act as a ‘Veterans Care Agreement’. nial of certification, duration of certification, of 2014 (Public Law 113–146; 38 U.S.C. 1701 ‘‘(C) For purposes of subparagraph (A), hos- revocation of an eligible entity or provider’s cer- note); or pital care, a medical service, or an extended care tification, and recertification of eligible entities (2) the date on which the Secretary promul- service may be considered not feasibly available or providers; gates regulations pursuant to subsection (c). to a veteran from a facility of the Department or ‘‘(3) require the denial of certification if the (c) REGULATIONS.— through a contract or sharing agreement de- Secretary determines the eligible entity or pro- (1) IN GENERAL.—Not later than one year after scribed in such subparagraph when the Sec- vider is excluded from participation in a Federal the date of the enactment of this Act, the Sec- retary determines the veteran’s medical condi- health care program under section 1128 or secretary of Veterans Affairs shall promulgate reg- tion, the travel involved, the nature of the care tion 1128A of the Social Security Act (42 U.S.C. ulations to carry out section 1703 of title 38, or services required, or a combination of these 1320a–7 or 1320a–7a) or is currently identified as United States Code, as amended by subsection factors make the use of a facility of the Depart- an excluded source on the System for Award (a) of this section. ment or a contract or sharing agreement de- Management Exclusions list described in part 9 (2) UPDATES.— scribed in such subparagraph impracticable or of title 48, Code of Federal Regulations, and (A) PERIODIC.—Before promulgating the regu- inadvisable. part 180 of title 2 of such Code, or successor reg- lations required under paragraph (1), the Sec- ‘‘(D) A Veterans Care Agreement may be en- ulations; retary shall provide to the appropriate commit- tered into by the Secretary or any Department ‘‘(4) establish procedures for screening eligible tees of Congress periodic updates to confirm the official authorized by the Secretary. entities or providers according to the risk of progress of the Secretary toward developing ‘‘(2)(A) Subject to subparagraph (B), the Sec- fraud, waste, and abuse that are similar to the such regulations. retary shall review each Veterans Care Agree- standards under section 1866(j)(2)(B) of the So- (B) FIRST UPDATE.—The first update under ment of material size, as determined by the Sec- cial Security Act (42 U.S.C. 1395cc(j)(2)(B)) and subparagraph (A) shall occur no later than 120 retary or set forth in paragraph (3), for hospital section 9.104 of title 48, Code of Federal Regula- days from the date of the enactment of this Act. care, a medical service, or an extended care tions, or successor regulations; and (C) APPROPRIATE COMMITTEES OF CONGRESS service to determine whether it is feasible and ‘‘(5) incorporate and apply the restrictions DEFINED.—In this paragraph, the term ‘‘appro- advisable to provide such care or service within and penalties set forth in chapter 21 of title 41 priate committees of Congress’’ means— a facility of the Department or by contract or and treat this section as a procurement program (i) the Committee on Veterans’ Affairs and the sharing agreement entered into pursuant to an- only for purposes of applying such provisions. Committee on Appropriations of the Senate; and other provision of law and, if so, take action to ‘‘(d) RATES.—To the extent practicable, the (ii) the Committee on Veterans’ Affairs and do so. rates paid by the Secretary for hospital care, the Committee on Appropriations of the House ‘‘(B)(i) The Secretary shall review each Vet- medical services, and extended care services proof Representatives. erans Care Agreement of material size that has vided under a Veterans Care Agreement shall be (d) CONTINUITY OF EXISTING AGREEMENTS.— been in effect for at least six months within the in accordance with the rates paid by the United (1) IN GENERAL.—Notwithstanding section 1703 first two years of its taking effect, and not less States under section 1703(i) of this title. of title 38, United States Code, as amended by frequently than once every four years there- ‘‘(e) TERMS OF VETERANS CARE AGREE- subsection (a), the Secretary of Veterans Affairs after. MENTS.—(1) Pursuant to regulations promul- shall continue all contracts, memorandums of ‘‘(ii) If a Veterans Care Agreement has not gated under subsection (k), the Secretary may understanding, memorandums of agreements, been in effect for at least six months by the date define the requirements for providers and enti- and other arrangements that were in effect on of the review required by subparagraph (A), the ties entering into agreements under this section the day before the date of the enactment of this agreement shall be reviewed during the next based upon such factors as the number of pa- Act between the Department of Veterans Affairs cycle required by subparagraph (A), and such tients receiving care or services, the number of and the American Indian and Alaska Native review shall serve as its review within the first employees employed by the entity or provider health care systems as established under the two years of its taking effect for purposes of furnishing such care or services, the amount terms of the Department of Veterans Affairs and clause (i). paid by the Secretary to the provider or entity, Indian Health Service Memorandum of Under- ‘‘(3)(A) In fiscal year 2019 and in each fiscal or other factors as determined by the Secretary. standing, signed October 1, 2010, the National year thereafter, in addition to such other Vet- ‘‘(2) To furnish hospital care, medical serv- Reimbursement Agreement, signed December 5, erans Care Agreements as the Secretary may de- ices, or extended care services under this sec- 2012, arrangements under section 405 of the In- termine are of material size, a Veterans Care tion, an eligible entity or provider shall agree— dian Health Care Improvement Act (25 U.S.C. Agreement for the purchase of extended care ‘‘(A) to accept payment at the rates estab- 1645), and agreements entered into under sec- services that exceeds $5,000,000 annually shall lished in regulations prescribed under this sections 102 and 103 of the Veterans Access, Choice, be considered of material size. tion; and Accountability Act of 2014 (Public Law 113– ‘‘(B) From time to time, the Secretary may ‘‘(B) that payment by the Secretary under this 146). publish a notice in the Federal Register to ad- section on behalf of a veteran to a provider of (2) MODIFICATIONS.—Paragraph (1) shall not just the dollar amount specified in subpara- services or care shall, unless rejected and re- be construed to prohibit the Secretary and the graph (A) to account for changes in the cost of funded by the provider within 30 days of re- parties to the contracts, memorandums of under- health care based upon recognized health care ceipt, constitute payment in full and extinguish standing, memorandums of agreements, and market surveys and other available data. any liability on the part of the veteran for the other arrangements described in such paragraph ‘‘(b) ELIGIBLE ENTITIES AND PROVIDERS.—For treatment or care provided, and no provision of from making such changes to such contracts, purposes of this section, an eligible entity or a contract, agreement, or assignment to the con- memorandums of understanding, memorandums provider is— trary shall operate to modify, limit, or negate of agreements, and other arrangements as may ‘‘(1) any provider of services that has enrolled this requirement; be otherwise authorized pursuant to other provi- and entered into a provider agreement under ‘‘(C) to provide only the care and services au- sions of law or the terms of the contracts, memo- section 1866(a) of the Social Security Act (42 thorized by the Department under this section randums of understanding, memorandums of U.S.C. 1395cc(a)) and any physician or other and to obtain the prior written consent of the agreements, and other arrangements. supplier who has enrolled and entered into a Department to furnish care or services outside participation agreement under section 1842(h) of SEC. 102. AUTHORIZATION OF AGREEMENTS BE- the scope of such authorization; TWEEN DEPARTMENT OF VETERANS such Act (42 U.S.C. 1395u(h)); ‘‘(D) to bill the Department in accordance AFFAIRS AND NON-DEPARTMENT ‘‘(2) any provider participating under a State with the methodology outlined in regulations PROVIDERS. plan under title XIX of such Act (42 U.S.C. 1396 prescribed under this section; (a) IN GENERAL.—Subchapter I of chapter 17 et seq.); ‘‘(E) to not seek to recover or collect from a is amended by inserting after section 1703 the ‘‘(3) an Aging and Disability Resource Center, health plan contract or third party, as those following new section: an area agency on aging, or a State agency (as terms are defined in section 1729 of this title, for defined in section 102 of the Older Americans any care or service that is furnished or paid for ‘‘§ 1703A. Agreements with eligible entities or Act of 1965 (42 U.S.C. 3002)); by the Department; providers; certification processes ‘‘(4) a center for independent living (as de- ‘‘(F) to provide medical records to the Depart- ‘‘(a) AGREEMENTS AUTHORIZED.—(1)(A) When fined in section 702 of the Rehabilitation Act of ment in the time frame and format specified by hospital care, a medical service, or an extended 1973 (29 U.S.C. 796a)); or the Department; and care service required by a veteran who is enti- ‘‘(5) any entity or provider not described in ‘‘(G) to meet such other terms and conditions, tled to such care or service under this chapter is paragraph (1) or (2) of this subsection that the including quality of care assurance standards, not feasibly available to the veteran from a fa- Secretary determines to be eligible pursuant to as the Secretary may specify in regulation. cility of the Department or through a contract the certification process described in subsection ‘‘(f) DISCONTINUATION OR NONRENEWAL OF A or sharing agreement entered into pursuant to (c). VETERANS CARE AGREEMENT.—(1) An eligible en- another provision of law, the Secretary may fur- ‘‘(c) ELIGIBLE ENTITY OR PROVIDER CERTIFI- tity or provider may discontinue a Veterans nish such care or service to such veteran CATION PROCESS.—The Secretary shall establish Care Agreement at such time and upon such no- through an agreement under this section with by regulation a process for the certification of tice to the Secretary as may be provided in regu- an eligible entity or provider to provide such eligible entities or providers or recertification of lations prescribed under this section. hospital care, medical service, or extended care eligible entities or providers under this section. ‘‘(2) The Secretary may discontinue a Vet- service. Such a process shall, at a minimum— erans Care Agreement with an eligible entity or

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4019 provider at such time and upon such reasonable ‘‘(3) Notwithstanding paragraph (2)(B)(i), an and services within the medical benefits package notice to the eligible entity or provider as may eligible entity or provider that enters into an of the Department of Veterans Affairs. be specified in regulations prescribed under this agreement under this section shall not be treat- ‘‘(b) The Secretary shall ensure that the ac- section, if an official designated by the Sec- ed as a Federal contractor or subcontractor for cess standards provide covered veterans, em- retary— purposes of chapter 67 of title 41 (commonly ployees of the Department, and health care pro- ‘‘(A) has determined that the eligible entity or known as the ‘McNamara-O’Hara Service Con- viders in the network established under section provider failed to comply substantially with the tract Act of 1965’). 1703(h) with relevant comparative information provisions of the Veterans Care Agreement, or ‘‘(j) PARITY OF TREATMENT.—Eligibility for that is clear, useful, and timely, so that covered with the provisions of this section or regulations hospital care, medical services, and extended veterans can make informed decisions regarding prescribed under this section; care services furnished to any veteran pursuant their health care. ‘‘(B) has determined the eligible entity or pro- to a Veterans Care Agreement shall be subject to ‘‘(c) The Secretary shall consult with all perti- vider is excluded from participation in a Federal the same terms as though provided in a facility nent Federal entities (including the Department health care program under section 1128 or sec- of the Department, and provisions of this chap- of Defense, the Department of Health and tion 1128A of the Social Security Act (42 U.S.C. ter applicable to veterans receiving such care Human Services, and the Centers for Medicare 1320a–7 or 1320a–7a) or is identified on the Sys- and services in a facility of the Department & Medicaid Services), entities in the private sec- tem for Award Management Exclusions list as shall apply to veterans treated under this sector, and other nongovernmental entities in es- provided in part 9 of title 48, Code of Federal tion. tablishing access standards. Regulations, and part 180 of title 2 of such ‘‘(k) RULEMAKING.—The Secretary shall pro- ‘‘(d)(1) Not later than 270 days after the date Code, or successor regulations; mulgate regulations to carry out this section.’’. of the enactment of the Caring for Our Veterans ‘‘(C) has ascertained that the eligible entity or (b) CLERICAL AMENDMENT.—The table of sec- Act of 2018, the Secretary shall submit to the ap- provider has been convicted of a felony or other tions at the beginning of such chapter is amend- propriate committees of Congress a report detail- serious offense under Federal or State law and ed by inserting after the item relating to section ing the access standards. determines the eligible entity or provider’s con- 1703 the following new item: ‘‘(2)(A) Before submitting the report required tinued participation would be detrimental to the under paragraph (1), the Secretary shall provide ‘‘1703A. Agreements with eligible entities or pro- best interests of veterans or the Department; or periodic updates to the appropriate committees viders; certification processes.’’. ‘‘(D) has determined that it is reasonable to of Congress to confirm the Department’s terminate the agreement based on the health SEC. 103. CONFORMING AMENDMENTS FOR STATE progress towards developing the access stand- VETERANS HOMES. care needs of a veteran. ards required by this section. ‘‘(g) QUALITY OF CARE.—The Secretary shall (a) IN GENERAL.—Section 1745(a) is amended— ‘‘(B) The first update under subparagraph (A) (1) in paragraph (1), by striking ‘‘(or agree- establish a system or systems for monitoring the shall occur no later than 120 days from the date ment under section 1720(c)(1) of this title)’’ and quality of care provided to veterans through of the enactment of the Caring for Our Veterans inserting ‘‘(or an agreement)’’; and Veterans Care Agreements and for assessing the Act of 2018. quality of hospital care, medical services, and (2) by adding at the end the following new ‘‘(3) Not later than 540 days after the date on extended care services furnished by eligible enti- paragraph: which the Secretary implements the access ‘‘(4)(A) An agreement under this section may ties and providers before the renewal of Vet- standards established under subsection (a), the be authorized by the Secretary or any Depart- erans Care Agreements. Secretary shall submit to the appropriate comment official authorized by the Secretary, and ‘‘(h) DISPUTES.—(1) The Secretary shall pro- mittees of Congress a report detailing the imple- any such action is not an award for purposes of mulgate administrative procedures for eligible mentation of and compliance with such access such laws that would otherwise require the use entities and providers to present all disputes standards by Department and non-Department of competitive procedures for the furnishing of arising under or related to Veterans Care Agree- entities or providers. ments. hospital care, medical services, and extended ‘‘(e) Not later than three years after the date ‘‘(2) Such procedures constitute the eligible care services. on which the Secretary establishes access stand- entities’ and providers’ exhaustive and exclusive ‘‘(B)(i) Except as provided in the agreement ards under subsection (a) and not less fre- administrative remedies. itself, in clause (ii), and unless otherwise pro- quently than once every three years thereafter, ‘‘(3) Eligible entities or providers must first ex- vided in this section or regulations prescribed the Secretary shall— haust such administrative procedures before pursuant to this section, a State home that en- ‘‘(1) conduct a review of such standards; and seeking any judicial review under section 1346 of ters into an agreement under this section is not ‘‘(2) submit to the appropriate committees of title 28 (known as the ‘Tucker Act’). subject to, in the carrying out of the agreement, Congress a report on the findings and any modi- ‘‘(4) Disputes under this section must pertain any provision of law to which providers of serv- fication to the access standards with respect to to either the scope of authorization under the ices and suppliers under the Medicare program the review conducted under paragraph (1). Veterans Care Agreement or claims for payment under title XVIII of the Social Security Act (42 ‘‘(f) The Secretary shall ensure health care subject to the Veterans Care Agreement and are U.S.C. 1395 et seq.) are not subject. providers specified under section 1703(c) are able not claims for the purposes of such laws that ‘‘(ii) A State home that enters into an agree- to comply with the applicable access standards would otherwise require application of sections ment under this section is subject to— established by the Secretary. 7101 through 7109 of title 41, United States Code. ‘‘(I) all provisions of law regarding integrity, ‘‘(g) The Secretary shall publish in the Fed- ‘‘(i) APPLICABILITY OF OTHER PROVISIONS OF ethics, or fraud, or that subject a person to civil eral Register and on an internet website of the LAW.—(1) A Veterans Care Agreement may be or criminal penalties; Department the designated access standards es- authorized by the Secretary or any Department ‘‘(II) all provisions of law that protect against tablished under this section for purposes of sec- official authorized by the Secretary, and such employment discrimination or that otherwise en- tion 1703(d)(1)(D). action shall not be treated as— sure equal employment opportunities; and ‘‘(h)(1) Consistent with paragraphs (1)(D) and ‘‘(A) an award for the purposes of such laws ‘‘(III) all provisions in subchapter V of chap- (3) of section 1703(d), covered veterans may con- that would otherwise require the use of competi- ter 17 of this title. tact the Department at any time to request a de- tive procedures for the furnishing of care and ‘‘(iii) Notwithstanding subparagraph termination regarding whether they are eligible services; or (B)(ii)(I), a State home that enters into an to receive care and services from a non-Depart- ‘‘(B) a Federal contract for the acquisition of agreement under this section may not be treated ment entity or provider based on the Depart- goods or services for purposes of any provision as a Federal contractor or subcontractor for ment being unable to furnish such care and of Federal law governing Federal contracts for purposes of chapter 67 of title 41 (known as the services in a manner that complies with the des- the acquisition of goods or services except sec- ‘McNamara-O’Hara Service Contract Act of ignated access standards established under this tion 4706(d) of title 41. 1965’).’’. section. ‘‘(2)(A) Except as provided in the agreement (b) EFFECTIVE DATE.—The amendment made ‘‘(2) The Secretary shall establish a process to itself, in subparagraph (B), and unless other- by subsection (a) shall apply to care provided on review such requests from covered veterans to wise provided in this section or regulations pre- or after the effective date of regulations issued determine whether— scribed pursuant to this section, an eligible enti- by the Secretary of Veterans Affairs to carry out ‘‘(A) the requested care is clinically necessary; ty or provider that enters into an agreement this section. and under this section is not subject to, in the car- SEC. 104. ACCESS STANDARDS AND STANDARDS ‘‘(B) the Department is able to provide such rying out of the agreement, any law to which FOR QUALITY. care in a manner that complies with designated providers of services and suppliers under the (a) IN GENERAL.—Subchapter I of chapter 17, access standards established under this section. Medicare program under title XVIII of the So- as amended by section 102, is further amended ‘‘(3) The Secretary shall promptly respond to cial Security Act (42 U.S.C. 1395 et seq.) are not by inserting after section 1703A the following any such request by a covered veteran. subject. new sections: ‘‘(i)(1) The term ‘appropriate committees of ‘‘(B) An eligible entity or provider that enters Congress’ means— into an agreement under this section is subject ‘‘§ 1703B. Access standards ‘‘(A) the Committee on Veterans’ Affairs and to— ‘‘(a)(1) The Secretary shall establish access the Committee on Appropriations of the Senate; ‘‘(i) all laws regarding integrity, ethics, or standards for furnishing hospital care, medical and fraud, or that subject a person to civil or crimi- services, or extended care services to covered ‘‘(B) the Committee on Veterans’ Affairs and nal penalties; and veterans for the purposes of section 1703(d). the Committee on Appropriations of the House ‘‘(ii) all laws that protect against employment ‘‘(2) The Secretary shall ensure that the ac- of Representatives. discrimination or that otherwise ensure equal cess standards established under paragraph (1) ‘‘(2) The term ‘covered veterans’ refers to vet- employment opportunities. define such categories of care to cover all care erans described in section 1703(b) of this title.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 H4020 CONGRESSIONAL RECORD — HOUSE May 16, 2018

‘‘§ 1703C. Standards for quality (b) CLERICAL AMENDMENT.—The table of sec- and is otherwise defined through regulations ‘‘(a) IN GENERAL.—(1) The Secretary shall es- tions at the beginning of chapter 17, as amended the Secretary shall promulgate.’’. tablish standards for quality regarding hospital by section 102, is further amended by inserting (b) EFFECTIVE DATE.—Section 1725A of title care, medical services, and extended care serv- after the item relating to section 1703A the fol- 38, United States Code, as added by subsection ices furnished by the Department pursuant to lowing new items: (a) shall take effect on the date upon which this title, including through non-Department ‘‘1703B. Access standards. final regulations implementing such section take health care providers pursuant to section 1703 of ‘‘1703C. Standards for quality.’’. effect. this title. SEC. 105. ACCESS TO WALK-IN CARE. (c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amend- ‘‘(2) In establishing standards for quality (a) IN GENERAL.—Chapter 17 is amended by under paragraph (1), the Secretary shall con- inserting after section 1725 the following new ed by inserting after the item relating to section sider existing health quality measures that are section: 1725 the following new item: applied to public and privately sponsored health ‘‘§ 1725A. Access to walk-in care ‘‘§1725A. Access to walk-in care.’’. care systems with the purpose of providing cov- SEC. 106. STRATEGY REGARDING THE DEPART- ‘‘(a) PROCEDURES TO ENSURE ACCESS TO ered veterans relevant comparative information MENT OF VETERANS AFFAIRS HIGH- to make informed decisions regarding their WALK-IN CARE.—The Secretary shall develop PERFORMING INTEGRATED HEALTH health care. procedures to ensure that eligible veterans are CARE NETWORK. ‘‘(3) The Secretary shall collect and consider able to access walk-in care from qualifying non- (a) IN GENERAL.—Subchapter II of chapter 73 data for purposes of establishing the standards Department entities or providers. is amended by inserting after section 7330B the under paragraph (1). Such data collection shall ‘‘(b) ELIGIBLE VETERANS.—For purposes of following new section: this section, an eligible veteran is any indi- include— ‘‘§ 7330C. Quadrennial Veterans Health Ad- vidual who— ‘‘(A) after consultation with veterans service ministration review organizations and other key stakeholders on ‘‘(1) is enrolled in the health care system es- ‘‘(a) MARKET AREA ASSESSMENTS.—(1) Not less survey development or modification of an exist- tablished under section 1705(a) of this title; and frequently than every four years, the Secretary ing survey, a survey of veterans who have used ‘‘(2) has received care under this chapter of Veterans Affairs shall perform market area hospital care, medical services, or extended care within the 24-month period preceding the fur- assessments regarding the health care services services furnished by the Veterans Health Ad- nishing of walk-in care under this section. furnished under the laws administered by the ministration during the most recent two-year pe- ‘‘(c) QUALIFYING NON-DEPARTMENT ENTITIES Secretary. riod to assess the satisfaction of the veterans OR PROVIDERS.—For purposes of this section, a ‘‘(2) Each market area assessment established with service and quality of care; and qualifying non-Department entity or provider is under paragraph (1) shall include the following: ‘‘(B) datasets that include, at a minimum, ele- a non-Department entity or provider that has ‘‘(A) An assessment of the demand for health ments relating to the following: entered into a contract or other agreement with care from the Department, disaggregated by geo- ‘‘(i) Timely care. the Secretary to furnish services under this sec- ‘‘(ii) Effective care. tion. graphic market areas as determined by the Sec- ‘‘(iii) Safety, including, at a minimum, com- ‘‘(d) FEDERALLY-QUALIFIED HEALTH CEN- retary, including the number of requests for plications, readmissions, and deaths. TERS.—Whenever practicable, the Secretary may health care services under the laws administered ‘‘(iv) Efficiency. use a Federally-qualified health center (as de- by the Secretary. ‘‘(4) The Secretary shall consult with all perti- fined in section 1905(l)(2)(B) of the Social Secu- ‘‘(B) An inventory of the health care capacity nent Federal entities (including the Department rity Act (42 U.S.C. 1396d(l)(2)(B))) to carry out of the Department of Veterans Affairs across the of Defense, the Department of Health and this section. Department’s system of facilities. Human Services, and the Centers for Medicare ‘‘(e) CONTINUITY OF CARE.—The Secretary ‘‘(C) An assessment of the health care capac- & Medicaid Services), entities in the private sec- shall ensure continuity of care for those eligible ity to be provided through contracted commu- tor, and other nongovernmental entities in es- veterans who receive walk-in care services under nity care providers and providers who entered tablishing standards for quality. this section, including through the establish- into a provider agreement with the Department ‘‘(5)(A) Not later than 270 days after the date ment of a mechanism to receive medical records under section 1703A of title 38, as added by sec- of the enactment of the Caring for Our Veterans from walk-in care providers and provide perti- tion 102, including the number of providers, the Act of 2018, the Secretary shall submit to the ap- nent patient medical records to providers of geographic location of the providers, and cat- propriate committees of Congress a report detail- walk-in care. egories or types of health care services provided ing the standards for quality. ‘‘(f) COPAYMENTS.—(1)(A) The Secretary may by the providers. ‘‘(B)(i) Before submitting the report required require an eligible veteran to pay the United ‘‘(D) An assessment obtained from other Fed- under subparagraph (A), the Secretary shall States a copayment for each episode of hospital eral direct delivery systems of their capacity to provide periodic updates to the appropriate com- care or medical services provided under this sec- provide health care to veterans. mittees of Congress to confirm the Department’s tion if the eligible veteran would be required to ‘‘(E) An assessment of the health care capac- progress towards developing the standards for pay a copayment under this title. ity of non-contracted providers where there is quality required by this section. ‘‘(B) An eligible veteran not required to pay a insufficient network supply. ‘‘(ii) The first update under clause (i) shall copayment under this title may access walk-in ‘‘(F) An assessment of the health care capac- occur no later than 120 days from the date of care without a copayment for the first two visits ity of academic affiliates and other collabora- the enactment of the Caring for Our Veterans in a calendar year. For any additional visits, a tions of the Department as it relates to pro- Act of 2018. copayment at an amount determined by the Sec- viding health care to veterans. ‘‘(b) PUBLICATION AND CONSIDERATION OF retary may be required. ‘‘(G) An assessment of the effects on health PUBLIC COMMENTS.—(1) Not later than one year ‘‘(C) An eligible veteran required to pay a co- care capacity of the access standards and stand- after the date on which the Secretary estab- payment under this title may be required to pay ards for quality established under sections 1703B lishes standards for quality under subsection a regular copayment for the first two walk-in and 1703C of this title. (a), the Secretary shall publish the quality rat- care visits in a calendar year. For any addi- ‘‘(H) The number of appointments for health ing of medical facilities of the Department in the tional visits, a higher copayment at an amount care services under the laws administered by the publicly available Hospital Compare website determined by the Secretary may be required. Secretary, disaggregated by— through the Centers for Medicare & Medicaid ‘‘(2) After the first two episodes of care fur- ‘‘(i) appointments at facilities of the Depart- Services for the purpose of providing veterans nished to an eligible veteran under this section, ment of Veterans Affairs; and with information that allows them to compare the Secretary may adjust the copayment re- ‘‘(ii) appointments with non-Department performance measure information among De- quired of the veteran under this subsection health care providers. partment and non-Department health care pro- based upon the priority group of enrollment of ‘‘(3)(A) The Secretary shall submit to the ap- viders. the eligible veteran, the number of episodes of propriate committees of Congress the market ‘‘(2) Not later than two years after the date on care furnished to the eligible veteran during a area assessments established in paragraph (1). which the Secretary establishes standards for year, and other factors the Secretary considers ‘‘(B) The Secretary also shall submit to the quality under subsection (a), the Secretary shall appropriate under this section. appropriate committees of Congress the market consider and solicit public comment on potential ‘‘(3) The amount or amounts of the copay- area assessments completed by or being per- changes to the measures used in such standards ments required under this subsection shall be formed on the day before the date of the enact- to ensure that they include the most up-to-date prescribed by the Secretary by rule. ment of the Caring for Our Veterans Act of 2018. and applicable industry measures for veterans. ‘‘(4) Section 8153(c) of this title shall not ‘‘(4)(A) The Secretary shall use the market ‘‘(c)(1) The term ‘appropriate committees of apply to this subsection. area assessments established under paragraph Congress’ means— ‘‘(g) REGULATIONS.—Not later than one year (1) to— ‘‘(A) the Committee on Veterans’ Affairs and after the date of the enactment of the Caring for ‘‘(i) determine the capacity of the health care the Committee on Appropriations of the Senate; Our Veterans Act of 2018, the Secretary shall provider networks established under section and promulgate regulations to carry out this section. 1703(h) of this title; ‘‘(B) the Committee on Veterans’ Affairs and ‘‘(h) WALK-IN CARE DEFINED.—In this section, ‘‘(ii) inform the Department budget, in accord- the Committee on Appropriations of the House the term ‘walk-in care’ means non-emergent ance with subparagraph (B); and of Representatives. care provided by a qualifying non-Department ‘‘(iii) inform and assess the appropriateness of ‘‘(2) The term ‘covered veterans’ refers to vet- entity or provider that furnishes episodic care the access standards established under section erans described in section 1703(b) of this title.’’. and not longitudinal management of conditions 1703B of this title and standards for quality

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4021 under section 1703C and to make recommenda- ‘‘(3) developing a multi-year budget process from participation in providing non-Department tions for any changes to such standards. that is capable of forecasting future year budget health care services. ‘‘(B) The Secretary shall ensure that the De- requirements and projecting the cost of deliv- (2) An evaluation of any impact on access to partment budget for any fiscal year (as sub- ering health care services under a high-per- health care for patients or staffing shortages in mitted with the budget of the President under forming integrated health care network. programs of the Department providing non-De- section 1105(a) of title 31) reflects the findings of ‘‘(d) APPROPRIATE COMMITTEES OF CONGRESS partment health care services. the Secretary with respect to the most recent DEFINED.—In this section, the term ‘appropriate (3) An explanation of the coordination of the market area assessments under paragraph (1) committees of Congress’ means— Department with the medical licensing boards of and health care utilization data from the De- ‘‘(1) the Committee on Veterans’ Affairs and States in implementing this section, the amount partment and non-Department entities or pro- the Committee on Appropriations of the Senate; of involvement of such boards in such implemen- viders furnishing care and services to covered and tation, and efforts by the Department to address veterans as described in section 1703(b). ‘‘(2) the Committee on Veterans’ Affairs and any concerns raised by such boards with respect ‘‘(b) STRATEGIC PLAN TO MEET HEALTH CARE the Committee on Appropriations of the House to such implementation. DEMAND.—(1) Not later than one year after the of Representatives.’’. (4) Such recommendations as the Comptroller date of the enactment of the Caring for Our Vet- (b) CLERICAL AMENDMENT.—The table of sec- General considers appropriate regarding harmo- erans Act of 2018 and not less frequently than tions at the beginning of such chapter is amend- nizing eligibility criteria between health care once every four years thereafter, the Secretary ed by inserting after the item relating to section providers of the Department and health care shall submit to the appropriate committees of 7330B the following new item: providers eligible to provide non-Department Congress a strategic plan that specifies a four- ‘‘7330C. Quadrennial Veterans Health Adminis- health care services. year forecast of— tration review.’’. (e) NON-DEPARTMENT HEALTH CARE SERVICES ‘‘(A) the demand for health care from the De- SEC. 107. APPLICABILITY OF DIRECTIVE OF OF- DEFINED.—In this section, the term ‘‘non-De- partment, disaggregated by geographic area as FICE OF FEDERAL CONTRACT COM- partment health care services’’ means services— determined by the Secretary; PLIANCE PROGRAMS. (1) provided under subchapter I of chapter 17 ‘‘(B) the health care capacity to be provided (a) IN GENERAL.—Notwithstanding the treat- of title 38, United States Code, at non-Depart- at each medical center of the Department; and ment of certain laws under subsection (i) of sec- ment facilities (as defined in section 1701 of such ‘‘(C) the health care capacity to be provided tion 1703A of title 38, United States Code, as title); through community care providers. added by section 102 of this title, Directive 2014– (2) provided under section 101 of the Veterans ‘‘(2) In preparing the strategic plan under 01 of the Office of Federal Contract Compliance Access, Choice, and Accountability Act of 2014 paragraph (1), the Secretary shall— Programs of the Department of Labor (effective (Public Law 113–146; 38 U.S.C. 1701 note); ‘‘(A) assess the access standards and stand- as of May 7, 2014) shall apply to any entity en- (3) purchased through the Medical Commu- ards for quality established under sections 1703B tering into an agreement under such section nity Care account of the Department; or and 1703C of this title; 1703A or section 1745 of such title, as amended (4) purchased with amounts deposited in the ‘‘(B) assess the market area assessments estab- by section 103, in the same manner as such di- Veterans Choice Fund under section 802 of the lished under subsection (a); rective applies to subcontractors under the Veterans Access, Choice, and Accountability Act ‘‘(C) assess the needs of the Department based TRICARE program for the duration of the mor- of 2014. on identified services that provide management atorium provided under such directive. SEC. 109. REMEDIATION OF MEDICAL SERVICE of conditions or disorders related to military (b) APPLICABILITY PERIOD.—The directive de- LINES. service for which there is limited experience or scribed in subsection (a), and the moratorium (a) IN GENERAL.—Subchapter I of chapter 17 access in the national market, the overall health provided under such directive, shall not be al- is amended by inserting after section 1706 the of veterans throughout their lifespan, or other tered or rescinded before May 7, 2019. following new section: services as the Secretary determines appropriate; (c) TRICARE PROGRAM DEFINED.—In this sec- ‘‘§ 1706A. Remediation of medical service lines ‘‘(D) consult with key stakeholders within the tion, the term ‘‘TRICARE program’’ has the Department, the heads of other Federal agen- meaning given that term in section 1072 of title ‘‘(a) IN GENERAL.—Not later than 30 days cies, and other relevant governmental and non- 10, United States Code. after determining under section 1703(e)(1) that a governmental entities, including State, local, medical service line of the Department is pro- SEC. 108. PREVENTION OF CERTAIN HEALTH viding hospital care, medical services, or ex- and tribal government officials, members of Con- CARE PROVIDERS FROM PROVIDING gress, veterans service organizations, private NON-DEPARTMENT HEALTH CARE tended care services that does not comply with sector representatives, academics, and other pol- SERVICES TO VETERANS. the standards for quality established by the Sec- icy experts; (a) IN GENERAL.—On and after the date that retary, the Secretary shall submit to Congress ‘‘(E) identify emerging issues, trends, prob- is one year after the date of the enactment of an assessment of the factors that led the Sec- lems, and opportunities that could affect health this Act, the Secretary of Veterans Affairs shall retary to make such determination and a plan care services furnished under the laws adminis- deny or revoke the eligibility of a health care with specific actions, and the time to complete tered by the Secretary; provider to provide non-Department health care them, to be taken to comply with such standards ‘‘(F) develop recommendations regarding both services to veterans if the Secretary determines for quality, including the following: short- and long-term priorities for health care that the health care provider— ‘‘(1) Increasing personnel or temporary per- services furnished under the laws administered (1) was removed from employment with the sonnel assistance, including mobile deployment by the Secretary; Department of Veterans Affairs due to conduct teams. ‘‘(G) after consultation with veterans service that violated a policy of the Department relat- ‘‘(2) Special hiring incentives, including the organizations and other key stakeholders on ing to the delivery of safe and appropriate Education Debt Reduction Program under sub- survey development or modification of an exist- health care; or chapter VII of chapter 76 of this title and re- ing survey, consider a survey of veterans who (2) violated the requirements of a medical li- cruitment, relocation, and retention incentives. have used hospital care, medical services, or ex- cense of the health care provider that resulted ‘‘(3) Utilizing direct hiring authority. tended care services furnished by the Veterans in the loss of such medical license. ‘‘(4) Providing improved training opportuni- Health Administration during the most recent (b) PERMISSIVE ACTION.—On and after the ties for staff. two-year period to assess the satisfaction of the date that is one year after the date of the enact- ‘‘(5) Acquiring improved equipment. veterans with service and quality of care; ment of this Act, the Secretary may deny, re- ‘‘(6) Making structural modifications to the ‘‘(H) conduct a comprehensive examination of voke, or suspend the eligibility of a health care facility used by the medical service line. programs and policies of the Department regard- provider to provide non-Department health care ‘‘(7) Such other actions as the Secretary con- ing the delivery of health care services and the services if the Secretary determines such action siders appropriate. demand of health care services for veterans in is necessary to immediately protect the health, ‘‘(b) RESPONSIBLE PARTIES.—In each assess- future years; safety, or welfare of veterans and the health ment submitted under subsection (a) with re- ‘‘(I) assess the remediation of medical service care provider is under investigation by the med- spect to a medical service line, the Secretary lines of the Department as described in section ical licensing board of a State in which the shall identify the individuals at the Central Of- 1706A in conjunction with the utilization of health care provider is licensed or practices. fice of the Veterans Health Administration, the non-Department entities or providers to offset (c) SUSPENSION.—The Secretary shall suspend facility used by the medical service line, and the remediation; and the eligibility of a health care provider to pro- central office of the relevant Veterans Inte- ‘‘(J) consider such other matters as the Sec- vide non-Department health care services to vet- grated Service Network who are responsible for retary considers appropriate. erans if the health care provider is suspended overseeing the progress of that medical service ‘‘(c) RESPONSIBILITIES.—The Secretary shall from serving as a health care provider of the De- line in complying with the standards for quality be responsible for— partment. established by the Secretary. ‘‘(1) overseeing the transformation and orga- (d) COMPTROLLER GENERAL REPORT.—Not ‘‘(c) INTERIM REPORTS.—Not later than 180 nizational change across the Department to later than two years after the date of the enact- days after submitting an assessment under sub- achieve such high performing integrated health ment of this Act, the Comptroller General of the section (a) with respect to a medical service line, care network; United States shall submit to Congress a report the Secretary shall submit to Congress a report ‘‘(2) developing the capital infrastructure on the implementation by the Secretary of this on the progress of that medical service line in planning and procurement processes, whether section, including the following: complying with the standards for quality estab- minor or major construction projects or leases; (1) The aggregate number of health care pro- lished by the Secretary and any other measures and viders denied or suspended under this section the Secretary will take to assist the medical

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service line in complying with such standards ‘‘(2)(A) If a claim is overdue under this sub- ‘‘(h) REPORT ON ENCOUNTER DATA SYSTEM.— for quality. section, the Secretary may, under the require- (1) Not later than 90 days after the date of the ‘‘(d) ANNUAL REPORTS.—Not less frequently ments established by subsection (a) and con- enactment of the Caring for Our Veterans Act of than once each year, the Secretary shall— sistent with the provisions of chapter 39 of title 2018, the Secretary shall submit to the appro- ‘‘(1) submit to Congress an analysis of the re- 31 (commonly referred to as the ‘Prompt Pay- priate committees of Congress a report on the mediation actions and costs of such actions ment Act’), require that interest be paid on feasibility and advisability of adopting a fund- taken with respect to each medical service line clean claims. ing mechanism similar to what is utilized by with respect to which the Secretary submitted ‘‘(B) Interest paid under subparagraph (A) other Federal agencies to allow a contracted en- an assessment and plan under paragraph (1) in shall be computed at the rate of interest estab- tity to act as a fiscal intermediary for the Fed- the preceding year, including an update on the lished by the Secretary of the Treasury under eral Government to distribute, or pass through, progress of each such medical service line in section 3902 of title 31 and published in the Fed- Federal Government funds for certain non-un- complying with the standards for quality and eral Register. derwritten hospital care, medical services, or ex- timeliness established by the Secretary and any ‘‘(3) Not less frequently than annually, the tended care services. other actions the Secretary is undertaking to as- Secretary shall submit to Congress a report on ‘‘(2) The Secretary may coordinate with the sist the medical service line in complying with payment of overdue claims under this sub- Department of Defense, the Department of standards for quality as established by the Sec- section, disaggregated by paper and electronic Health and Human Services, and the Depart- retary; and claims, that includes the following: ment of the Treasury in developing the report ‘‘(2) publish such analysis on the internet ‘‘(A) The amount paid in overdue claims de- required by paragraph (1). scribed in this subsection, disaggregated by the website of the Department.’’. ‘‘(i) DEFINITIONS.—In this section: amount of the overdue claim and the amount of (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(1) The term ‘appropriate committees of Con- interest paid on such overdue claim. tions at the beginning of such chapter is amend- gress’ means— ed by inserting after the item relating to section ‘‘(B) The number of such overdue claims and ‘‘(A) the Committee on Veterans’ Affairs and 1706 the following new item: the average number of days late each claim was the Committee on Appropriations of the Senate; ‘‘1706A. Remediation of medical service lines.’’. paid, disaggregated by facility of the Depart- ment and Veterans Integrated Service Network and CHAPTER 2—PAYING PROVIDERS AND region. ‘‘(B) the Committee on Veterans’ Affairs and IMPROVING COLLECTIONS ‘‘(e) OVERPAYMENT.—(1) The Secretary shall the Committee on Appropriations of the House SEC. 111. PROMPT PAYMENT TO PROVIDERS. deduct the amount of any overpayment from of Representatives. (a) IN GENERAL.—Subchapter I of chapter 17 payments due a health care entity or provider ‘‘(2) The term ‘clean electronic claim’ means is amended by inserting after section 1703C, as under this chapter. the transmission of data for purposes of pay- added by section 104 of this title, the following ‘‘(2) Deductions may not be made under this ment of covered health care expenses that is new section: subsection unless the Secretary has made rea- submitted to the Secretary which contains sub- ‘‘§ 1703D. Prompt payment standard sonable efforts to notify a health care entity or stantially all of the required data elements necessary for accurate adjudication, without ob- ‘‘(a) IN GENERAL.—(1) Notwithstanding any provider of the right to dispute the existence or taining additional information from the entity other provision of this title or of any other pro- amount of such indebtedness and the right to or provider that furnished the care or service, vision of law, the Secretary shall pay for hos- request a compromise of such indebtedness. ‘‘(3) The Secretary shall make a determination submitted in such format as prescribed by the pital care, medical services, or extended care with respect to any such dispute or request prior Secretary in regulations for the purpose of pay- services furnished by health care entities or pro- to deducting any overpayment unless the time ing claims for care or services. viders under this chapter within 45 calendar required to make such a determination before days upon receipt of a clean paper claim or 30 ‘‘(3) The term ‘clean paper claim’ means a making any deductions would jeopardize the calendar days upon receipt of a clean electronic paper claim for payment of covered health care Secretary’s ability to recover the full amount of claim. expenses that is submitted to the Secretary ‘‘(2) If a claim is denied, the Secretary shall, such indebtedness. which contains substantially all of the required ‘‘(f) INFORMATION AND DOCUMENTATION RE- within 45 calendar days of denial for a paper data elements necessary for accurate adjudica- QUIRED.—(1) The Secretary shall provide to all claim and 30 calendar days of denial for an election, without obtaining additional information health care entities and providers participating tronic claim, notify the health care entity or from the entity or provider that furnished the in a program to furnish hospital care, medical provider of the reason for denying the claim and care or service, submitted in such format as pre- services, or extended care services under this what, if any, additional information is required scribed by the Secretary in regulations for the chapter a list of information and documentation to process the claim. purpose of paying claims for care or services. ‘‘(3) Upon the receipt of the additional infor- that is required to establish a clean claim under ‘‘(4) The term ‘fraudulent claims’ means the mation, the Secretary shall ensure that the this section. knowing misrepresentation of a material fact or ‘‘(2) The Secretary shall consult with entities claim is paid, denied, or otherwise adjudicated facts by a health care entity or provider made to in the health care industry, in the public and within 30 calendar days from the receipt of the induce the Secretary to pay a claim that was private sector, to determine the information and requested information. not legally payable to that provider. documentation to include in the list under para- ‘‘(4) This section shall only apply to payments ‘‘(5) The term ‘health care entity or provider’ graph (1). made on an invoice basis and shall not apply to includes any non-Department health care entity ‘‘(3) If the Secretary modifies the information capitation or other forms of periodic payment to or provider, but does not include any Federal and documentation included in the list under entities or providers. health care entity or provider.’’. paragraph (1), the Secretary shall notify all ‘‘(b) SUBMITTAL OF CLAIMS BY HEALTH CARE (b) CLERICAL AMENDMENT.—The table of sec- health care entities and providers described in ENTITIES AND PROVIDERS.—A health care entity tions at the beginning of such chapter is amend- paragraph (1) not later than 30 days before such or provider that furnishes hospital care, a med- ed by inserting after the item relating to section modifications take effect. ical service, or an extended care service under 1703C, as added by section 104 of this title, the ‘‘(g) PROCESSING OF CLAIMS.—(1) In proc- following new item: this chapter shall submit to the Secretary a essing a claim for compensation for hospital claim for payment for furnishing the hospital care, medical services, or extended care services ‘‘1703D. Prompt payment standard.’’. care, medical service, or extended care service furnished by a non-Department health care en- SEC. 112. AUTHORITY TO PAY FOR AUTHORIZED not later than 180 days after the date on which tity or provider under this chapter, the Sec- CARE NOT SUBJECT TO AN AGREE- the entity or provider furnished the hospital retary may act through— MENT. care, medical service, or extended care service. ‘‘(A) a non-Department entity that is under (a) IN GENERAL.—Subchapter IV of chapter 81 ‘‘(c) FRAUDULENT CLAIMS.—(1) Sections 3729 contract or agreement for the program estab- is amended by adding at the end the following through 3733 of title 31 shall apply to fraudulent lished under section 1703(a) of this title; or new section: claims for payment submitted to the Secretary ‘‘(B) a non-Department entity that specializes by a health care entity or provider under this ‘‘§ 8159. Authority to pay for services author- in such processing for other Federal agency ized but not subject to an agreement chapter. health care systems. ‘‘(2) Pursuant to regulations prescribed by the ‘‘(2) The Secretary shall seek to contract with ‘‘(a) IN GENERAL.—If, in the course of fur- Secretary, the Secretary shall bar a health care a third party to conduct a review of claims de- nishing hospital care, a medical service, or an entity or provider from furnishing hospital care, scribed in paragraph (3) that includes— extended care service authorized by the Sec- medical services, and extended care services ‘‘(A) a feasibility assessment to determine the retary and pursuant to a contract, agreement, under this chapter when the Secretary deter- capacity of the Department to process such or other arrangement with the Secretary, a pro- mines the entity or provider has submitted to the claims in a timely manner; and vider who is not a party to the contract, agree- Secretary fraudulent health care claims for pay- ‘‘(B) a cost benefit analysis comparing the ca- ment, or other arrangement furnishes hospital ment by the Secretary. pacity of the Department to a third party entity care, a medical service, or an extended care ‘‘(d) OVERDUE CLAIMS.—(1) Any claim that capable of processing such claims. service that the Secretary considers necessary, has not been denied with notice, made pending ‘‘(3) The review required under paragraph (2) the Secretary may compensate the provider for with notice, or paid to the health care entity or shall apply to claims for hospital care, medical the cost of such care or service. provider by the Secretary shall be overdue if the services, or extended care services furnished ‘‘(b) NEW CONTRACTS AND AGREEMENTS.—The notice or payment is not received by the entity under section 1703 of this Act, as amended by Secretary shall take reasonable efforts to enter provider within the time periods specified in the Caring for Our Veterans Act of 2018, that into a contract, agreement, or other arrange- subsection (a). are processed by the Department. ment with a provider described in subsection (a)

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4023 to ensure that future care and services author- SEC. 114. PROCESSING OF CLAIMS FOR REIM- (3) Management of prescriptions pursuant to ized by the Secretary and furnished by the pro- BURSEMENT THROUGH ELECTRONIC improvements under section 131. vider are subject to such a contract, agreement, INTERFACE. The Secretary of Veterans Affairs may enter (b) ANNUAL EVALUATION AND REPORT.—The or other arrangement.’’. Secretary shall— (b) CLERICAL AMENDMENT.—The table of sec- into an agreement with a third-party entity to tions at the beginning of such chapter is amend- process, through the use of an electronic inter- (1) develop a method to evaluate the effective- ed by inserting after the item relating to section face, claims for reimbursement for health care ness of the training program developed and im- 8158 the following new item: provided under the laws administered by the plemented under subsection (a); ‘‘8159. Authority to pay for services authorized Secretary. (2) evaluate such program not less frequently but not subject to an agreement.’’. CHAPTER 3—EDUCATION AND TRAINING than once each year; and SEC. 113. IMPROVEMENT OF AUTHORITY TO RE- PROGRAMS (3) not less frequently than once each year, COVER THE COST OF SERVICES FUR- SEC. 121. EDUCATION PROGRAM ON HEALTH submit to Congress the findings of the Secretary NISHED FOR NON-SERVICE-CON- CARE OPTIONS. with respect to the most recent evaluation car- NECTED DISABILITIES. (a) IN GENERAL.—The Secretary of Veterans ried out under paragraph (2). (a) BROADENING SCOPE OF APPLICABILITY.— Affairs shall develop and administer an edu- SEC. 123. CONTINUING MEDICAL EDUCATION FOR Section 1729 is amended— cation program that teaches veterans about (1) in subsection (a)— NON-DEPARTMENT MEDICAL PRO- their health care options through the Depart- FESSIONALS. (A) in paragraph (2)(A)— ment of Veterans Affairs. STABLISHMENT OF ROGRAM (i) by striking ‘‘the veteran’s’’ and inserting (b) ELEMENTS.—The program under subsection (a) E P .— ‘‘the individual’s’’; and (a) shall— (1) IN GENERAL.—The Secretary of Veterans (ii) by striking ‘‘the veteran’’ and inserting (1) teach veterans about— Affairs shall establish a program to provide con- ‘‘the individual’’; and (A) eligibility criteria for care from the De- tinuing medical education material to non-De- (B) in paragraph (3)— partment set forth under sections 1703, as partment medical professionals. (i) in the matter preceding subparagraph (A), amended by section 101 of this title, and 1710 of (2) EDUCATION PROVIDED.—The program es- by striking ‘‘the veteran’’ and inserting ‘‘the in- title 38, United States Code; dividual’’; and tablished under paragraph (1) shall include (B) priority groups for enrollment in the sys- education on the following: (ii) in subparagraph (A), by striking ‘‘the vet- tem of annual patient enrollment under section eran’s’’ and inserting ‘‘the individual’s’’; 1705(a) of such title; (A) Identifying and treating common mental (2) in subsection (b)— (C) the copayments and other financial obli- and physical conditions of veterans and family (A) in paragraph (1)— gations, if any, required of certain individuals members of veterans. (i) by striking ‘‘the veteran’’ and inserting for certain services; and (B) The health care system of the Department ‘‘the individual’’; and (D) how to utilize the access standards and of Veterans Affairs. (ii) by striking ‘‘the veteran’s’’ and inserting standards for quality established under sections ‘‘the individual’s’’; and (C) Such other matters as the Secretary con- (B) in paragraph (2)— 1703B and 1703C of such title; siders appropriate. (2) teach veterans about the interaction be- (i) in subparagraph (A)— (b) MATERIAL PROVIDED.—The continuing tween health insurance (including private in- (I) by striking ‘‘the veteran’’ and inserting medical education material provided to non-De- surance, Medicare, Medicaid, the TRICARE ‘‘the individual’’; and partment medical professionals under the pro- program, the Indian Health Service, tribal (II) by striking ‘‘the veteran’s’’ and inserting gram established under subsection (a) shall be health programs, and other forms of insurance) ‘‘the individual’s’’; and the same material provided to medical profes- and health care from the Department; and (ii) in subparagraph (B)— sionals of the Department to ensure that all (I) in clause (i), by striking ‘‘the veteran’’ and (3) provide veterans with information on what to do when they have a complaint about health medical professionals treating veterans have ac- inserting ‘‘the individual’’; and cess to the same materials, which supports core (II) in clause (ii)— care received from the Department (whether (aa) by striking ‘‘the veteran’’ and inserting about the provider, the Department, or any competencies throughout the community. ‘‘the individual’’; and other type of complaint). (c) ADMINISTRATION OF PROGRAM.— (bb) by striking ‘‘the veteran’s’’ each place it (c) ACCESSIBILITY.—In developing the edu- (1) IN GENERAL.—The Secretary shall admin- appears and inserting ‘‘the individual’s’’; cation program under this section, the Secretary ister the program established under subsection (3) in subsection (e), by striking ‘‘A veteran’’ shall ensure that materials under such program (a) to participating non-Department medical and inserting ‘‘An individual’’; and are accessible— professionals through an internet website of the (4) in subsection (h)— (1) to veterans who may not have access to the Department of Veterans Affairs. (A) in paragraph (1)— internet; and (2) CURRICULUM AND CREDIT PROVIDED.—The (i) in the matter preceding subparagraph (A), (2) to veterans in a manner that complies with Secretary shall determine the curriculum of the by striking ‘‘a veteran’’ and inserting ‘‘an indi- the Americans with Disabilities Act of 1990 (42 program and the number of hours of credit to vidual’’; U.S.C. 12101 et seq.). provide to participating non-Department med- (ii) in subparagraph (A), by striking ‘‘the vet- (d) ANNUAL EVALUATION AND REPORT.— eran’’ and inserting ‘‘the individual’’; and (1) EVALUATION.—The Secretary shall develop ical professionals for continuing medical edu- (iii) in subparagraph (B), by striking ‘‘the vet- a method to evaluate the effectiveness of the cation. eran’’ and inserting ‘‘the individual’’; and education program under this section and (3) ACCREDITATION.—The Secretary shall en- (B) in paragraph (2)— evaluate the program using the method not less sure that the program is accredited in as many (i) by striking ‘‘A veteran’’ and inserting ‘‘An frequently than once each year. States as practicable. individual’’; (2) REPORT.—Not less frequently than once (4) CONSISTENCY WITH EXISTING RULES.—The (ii) by striking ‘‘a veteran’’ and inserting ‘‘an each year, the Secretary shall submit to Con- Secretary shall ensure that the program is con- individual’’; and gress a report on the findings of the Secretary (iii) by striking ‘‘the veteran’’ and inserting sistent with the rules and regulations of the fol- with respect to the most recent evaluation con- lowing: ‘‘the individual’’. ducted by the Secretary under paragraph (1). ODIFICATION OF UTHORITY (A) The medical licensing agency of each (b) M A .—Subsection (e) DEFINITIONS.—In this section: State in which the program is accredited. (a)(1) of such section is amended by striking (1) MEDICAID.—The term ‘‘Medicaid’’ means ‘‘(1) Subject’’ and all that follows through the the Medicaid program under title XIX of the So- (B) Such medical credentialing organizations period and inserting the following: ‘‘(1) Subject cial Security Act (42 U.S.C. 1396 et seq.). as the Secretary considers appropriate. to the provisions of this section, in any case in (2) MEDICARE.—The term ‘‘Medicare’’ means (5) USER COST.—The Secretary shall carry out which the United States is required by law to the Medicare program under title XVIII of such the program at no cost to participating non-De- furnish or pay for care or services under this Act (42 U.S.C. 1395 et seq.). partment medical professionals. chapter for a non-service-connected disability (3) TRICARE PROGRAM.—The term ‘‘TRICARE (6) MONITORING, EVALUATION, AND REPORT.— described in paragraph (2) of this subsection, program’’ has the meaning given that term in The Secretary shall monitor the utilization of the United States has the right to recover or col- section 1072 of title 10, United States Code. lect from a third party the reasonable charges of the program established under subsection (a), SEC. 122. TRAINING PROGRAM FOR ADMINISTRA- evaluate its effectiveness, and report to Congress care or services so furnished or paid for to the TION OF NON-DEPARTMENT OF VET- extent that the recipient or provider of the care ERANS AFFAIRS HEALTH CARE. on utilization and effectiveness not less frequently than once each year. or services would be eligible to receive payment (a) ESTABLISHMENT OF PROGRAM.—The Sec- for such care or services from such third party retary of Veterans Affairs shall develop and im- (d) NON-DEPARTMENT MEDICAL PROFESSIONAL if the care or services had not been furnished or plement a training program to train employees DEFINED.—In this section, the term ‘‘non-De- paid for by a department or agency of the and contractors of the Department of Veterans partment medical professional’’ means any indi- United States.’’. Affairs on how to administer non-Department vidual who is licensed by an appropriate med- (c) MODIFICATION OF ELIGIBLE INDIVIDUALS.— health care programs, including the following: ical authority in the United States and is in Subparagraph (D) of subsection (a)(2) of such (1) Reimbursement for non-Department emer- good standing, is not an employee of the De- section is amended to read as follows: gency room care. partment of Veterans Affairs, and provides care ‘‘(D) that is incurred by an individual who is (2) The Veterans Community Care Program to veterans or family members of veterans under entitled to care (or payment of the expenses of under section 1703 of such title, as amended by the laws administered by the Secretary of Vet- care) under a health-plan contract.’’. section 101. erans Affairs.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 H4024 CONGRESSIONAL RECORD — HOUSE May 16, 2018 CHAPTER 4—OTHER MATTERS RELATING (C) may place at risk the veterans receiving SEC. 134. DEPARTMENT OF VETERANS AFFAIRS TO NON-DEPARTMENT OF VETERANS AF- health care from the provider. PARTICIPATION IN NATIONAL NET- FAIRS PROVIDERS WORK OF STATE-BASED PRESCRIP- (e) COVERED HEALTH CARE PROVIDER DE- TION DRUG MONITORING PRO- SEC. 131. ESTABLISHMENT OF PROCESSES TO EN- FINED.—In this section, the term ‘‘covered GRAMS. SURE SAFE OPIOID PRESCRIBING health care provider’’ means a non-Department (a) IN GENERAL.—Chapter 17 is amended by PRACTICES BY NON-DEPARTMENT of Veterans Affairs health care provider who OF VETERANS AFFAIRS HEALTH inserting after section 1730A the following new CARE PROVIDERS. provides health care to veterans under the laws section: (a) RECEIPT AND REVIEW OF GUIDELINES.—The administered by the Secretary of Veterans Af- ‘‘§ 1730B. Access to State prescription drug Secretary of Veterans Affairs shall ensure that fairs, but does not include a health care pro- monitoring programs vider employed by another agency of the Fed- all covered health care providers are provided a ‘‘(a) ACCESS TO PROGRAMS.—(1) Any licensed copy of and certify that they have reviewed the eral Government. health care provider or delegate of such a pro- evidence-based guidelines for prescribing opioids SEC. 132. IMPROVING INFORMATION SHARING vider shall be considered an authorized recipient set forth by the Opioid Safety Initiative of the WITH COMMUNITY PROVIDERS. or user for the purpose of querying and receiv- Department of Veterans Affairs. ing data from the national network of State- Section 7332(b)(2) is amended by striking sub- (b) INCLUSION OF MEDICAL HISTORY AND CUR- based prescription drug monitoring programs to paragraph (H) and inserting the following new RENT MEDICATIONS.—The Secretary shall imple- support the safe and effective prescribing of subparagraphs: ment a process to ensure that, if care of a vet- controlled substances to covered patients. eran by a covered health care provider is au- ‘‘(H)(i) To a non-Department entity (includ- ‘‘(2) Under the authority granted by para- thorized under the laws administered by the ing private entities and other Federal agencies) graph (1)— Secretary, the document authorizing such care for purposes of providing health care, including ‘‘(A) licensed health care providers or dele- includes the available and relevant medical his- hospital care, medical services, and extended gates of such providers shall query such net- tory of the veteran and a list of all medications care services, to patients or performing other work in accordance with applicable regulations prescribed to the veteran as known by the De- health care-related activities or functions. and policies of the Veterans Health Administra- partment. tion; and ‘‘(ii) An entity to which a record is disclosed (c) SUBMITTAL OF MEDICAL RECORDS AND ‘‘(B) notwithstanding any general or specific under this subparagraph may not disclose or use PRESCRIPTIONS.— provision of law, rule, or regulation of a State, such record for a purpose other than that for (1) IN GENERAL.—The Secretary shall, con- no State may restrict the access of licensed which the disclosure was made or as permitted sistent with section 1703(a)(2)(A), as amended by health care providers or delegates of such pro- by law. section 101 of this title, and section viders from accessing that State’s prescription 1703A(e)(2)(F), as added by section 102 of this ‘‘(I) To a third party in order to recover or drug monitoring programs. title, require each covered health care provider collect reasonable charges for care furnished to, ‘‘(3) No State shall deny or revoke the license, to submit medical records of any care or services or paid on behalf of, a patient in connection registration, or certification of a licensed health furnished, including records of any prescrip- with a non-service connected disability as per- care provider or delegate who otherwise meets tions for opioids, to the Department in the time- mitted by section 1729 of this title or for a condi- that State’s qualifications for holding the li- frame and format specified by the Secretary. tion for which recovery is authorized or with re- cense, registration, or certification on the basis (2) RESPONSIBILITY OF DEPARTMENT FOR RE- spect to which the United States is deemed to be that the licensed health care provider or dele- CORDING AND MONITORING.—In carrying out a third party beneficiary under the Act entitled gate queried or received data, or attempted to paragraph (1) and upon the receipt by the De- ‘An Act to provide for the recovery from query or receive data, from the national net- partment of the medical records described in tortiously liable third persons of the cost of hos- work of State-based prescription drug moni- paragraph (1), the Secretary shall— pital and medical care and treatment furnished toring programs under this section. (A) ensure the Department is responsible for by the United States’ (Public Law 87–693; 42 ‘‘(b) COVERED PATIENTS.—For purposes of this the recording of the prescription in the elec- U.S.C. 2651 et seq.; commonly known as the section, a covered patient is a patient who— tronic health record of the veteran; and ‘Federal Medical Care Recovery Act’).’’. ‘‘(1) receives a prescription for a controlled (B) enable other monitoring of the prescrip- substance; and tion as outlined in the Opioid Safety Initiative SEC. 133. COMPETENCY STANDARDS FOR NON-DE- ‘‘(2) is not receiving palliative care or enrolled of the Department. PARTMENT OF VETERANS AFFAIRS in hospice care. HEALTH CARE PROVIDERS. (3) REPORT.—Not less frequently than annu- ‘‘(c) DEFINITIONS.—In this section: ally, the Secretary shall submit to the Committee (a) ESTABLISHMENT OF STANDARDS AND RE- ‘‘(1) The term ‘controlled substance’ has the on Veterans’ Affairs of the Senate and the Com- QUIREMENTS.—The Secretary of Veterans Affairs meaning given such term in section 102(6) of the mittee on Veterans’ Affairs of the House of Rep- shall establish standards and requirements for Controlled Substances Act (21 U.S.C. 802(6)). resentatives a report evaluating the compliance the provision of care by non-Department of Vet- ‘‘(2) The term ‘delegate’ means a person or of covered health care providers with the re- erans Affairs health care providers in clinical automated system accessing the national net- quirements under this section. areas for which the Department of Veterans Af- work of State-based prescription monitoring pro- (d) USE OF OPIOID SAFETY INITIATIVE GUIDE- fairs has special expertise, including post-trau- grams at the direction or under the supervision LINES.— matic stress disorder, military sexual trauma-re- of a licensed health care provider. (1) IN GENERAL.—If the Secretary determines lated conditions, and traumatic brain injuries. ‘‘(3) The term ‘licensed health care provider’ that the opioid prescribing practices of a covered means a health care provider employed by the health care provider, when treating covered vet- (b) CONDITION FOR ELIGIBILITY TO FURNISH Department who is licensed, certified, or reg- erans, satisfy a condition described in para- CARE.—(1) Each non-Department of Veterans istered within any State to fill or prescribe medi- graph (3), the Secretary shall take such action Affairs health care provider shall, to the extent cations within the scope of his or her practice as as the Secretary considers appropriate to ensure practicable as determined by the Secretary or a Department employee. the safety of all veterans receiving care from otherwise provided for in paragraph (2), meet ‘‘(4) The term ‘national network of State- that health care provider, including removing or the standards and requirements established pur- based prescription monitoring programs’ means directing the removal of any such health care suant to subsection (a) before furnishing care an interconnected nation-wide system that fa- provider from provider networks or otherwise re- pursuant to a contract, agreement, or other ar- cilitates the transfer to State prescription drug fusing to authorize care of veterans by such rangement with the Department of Veterans Af- monitoring program data across State lines. health care provider in any program authorized fairs. Non-Department of Veterans Affairs ‘‘(5) The term ‘State’ means a State, as de- under the laws administered by the Secretary. health care providers furnishing care pursuant fined in section 101(20) of this title, or a political (2) INCLUSION IN CONTRACTS.—The Secretary to a contract, agreement, or other arrangement subdivision of a State.’’. shall ensure that any contracts, agreements, or shall, to the extent practicable as determined by (b) CLERICAL AMENDMENT.—The table of sec- other arrangements entered into by the Sec- the Secretary, fulfill training requirements es- tions at the beginning of chapter 17 of such title retary with third parties involved in admin- tablished by the Secretary on how to deliver evi- is amended by inserting after the item relating istering programs that provide care in the com- dence-based treatments in the clinical areas for to section 1730A the following new item: munity to veterans under the laws administered which the Department of Veterans Affairs has ‘‘1730B. Access to State prescription drug moni- by the Secretary specifically grant the authority special expertise. toring programs.’’. set forth in paragraph (1) to such third parties (2) Each non-Department of Veterans Affairs and to the Secretary, as the case may be. CHAPTER 5—OTHER NON-DEPARTMENT health care provider who enters into a contract, (3) CONDITIONS FOR EXCLUSION OR LIMITA- HEALTH CARE MATTERS agreement, or other arrangement after the effec- TION.—The Secretary shall take such action as SEC. 141. PLANS FOR USE OF SUPPLEMENTAL AP- tive date identified in subsection (c) shall, to the is considered appropriate under paragraph (1) PROPRIATIONS REQUIRED. extent practicable, meet the standards and re- when the opioid prescribing practices of a cov- Whenever the Secretary submits to Congress a quirements established pursuant to subsection ered health care provider when treating covered request for supplemental appropriations or any (a) within 6 months of the contract, agreement, veterans— other appropriation outside the standard budget or other arrangement taking effect. (A) conflict with or are otherwise inconsistent process to address a budgetary issue affecting with the standards of appropriate and safe care; (c) EFFECTIVE DATE.—This section shall take the Department of Veterans Affairs, the Sec- (B) violate the requirements of a medical li- effect on the day that is one year after the date retary shall, not later than 45 days before the cense of the health care provider; or of the enactment of this Act. date on which such budgetary issue would start

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4025 affecting a program or service, submit to Con- ‘‘§ 1730C. Licensure of health care profes- (C) The effect of telemedicine furnished by the gress a justification for the request, including a sionals providing treatment via telemedi- Department on the following: plan that details how the Secretary intends to cine (i) The ability of veterans to access health use the requested appropriation and how long ‘‘(a) IN GENERAL.—Notwithstanding any pro- care, whether from the Department or from non- the requested appropriation is expected to meet vision of law regarding the licensure of health Department health care providers. the needs of the Department and certification care professionals, a covered health care profes- (ii) The frequency of use by veterans of tele- that the request was made using an updated sional may practice the health care profession of medicine. and sound actuarial analysis. the health care professional at any location in (iii) The productivity of health care providers. SEC. 142. VETERANS CHOICE FUND FLEXIBILITY. any State, regardless of where the covered (iv) Wait times for an appointment for the re- Section 802 of the Veterans Access, Choice, health care professional or the patient is lo- ceipt of health care from the Department. and Accountability Act of 2014 (Public Law 113– cated, if the covered health care professional is (v) The use by veterans of in-person services 146; 38 U.S.C. 1701 note) is amended— using telemedicine to provide treatment to an in- at Department facilities and non-Department (1) in subsection (c)— dividual under this chapter. facilities. (A) in paragraph (1), by striking ‘‘by para- ‘‘(b) COVERED HEALTH CARE PROFES- (D) The types of appointments for the receipt graph (3)’’ and inserting ‘‘in paragraphs (3) and SIONALS.—For purposes of this section, a cov- of telemedicine furnished by the Department (4)’’; and ered health care professional is any health care that were provided during the one-year period (B) by adding at the end the following new professional who— preceding the submittal of the report. paragraph: ‘‘(1) is an employee of the Department ap- (E) The number of appointments for the re- ‘‘(4) PERMANENT AUTHORITY FOR OTHER pointed under the authority under section 7306, ceipt of telemedicine furnished by the Depart- USES.—Beginning on March 1, 2019, amounts re- 7401, 7405, 7406, or 7408 of this title or title 5; ment that were requested during such period, maining in the Veterans Choice Fund may be ‘‘(2) is authorized by the Secretary to provide disaggregated by medical facility. used to furnish hospital care, medical services, health care under this chapter; (F) Savings by the Department, if any, includ- and extended care services to individuals pursu- ‘‘(3) is required to adhere to all standards for ing travel costs, from furnishing health care ant to chapter 17 of title 38, United States Code, quality relating to the provision of medicine in through the use of telemedicine during such pe- at non-Department facilities, including pursu- accordance with applicable policies of the De- riod. ant to non-Department provider programs other partment; and SEC. 152. AUTHORITY FOR DEPARTMENT OF VET- than the program established by section 101. ‘‘(4) has an active, current, full, and unre- ERANS AFFAIRS CENTER FOR INNO- Such amounts shall be available in addition to stricted license, registration, or certification in a VATION FOR CARE AND PAYMENT. amounts available in other appropriations ac- State to practice the health care profession of (a) IN GENERAL.—Subchapter I of chapter 17, counts for such purposes.’’; and the health care professional. as amended by this title, is further amended by (2) in subsection (d)(1), by striking ‘‘to sub- ‘‘(c) PROPERTY OF FEDERAL GOVERNMENT.— inserting after section 1703D, as added by sec- section (c)(3)’’ and inserting ‘‘to paragraphs (3) Subsection (a) shall apply to a covered health tion 111, the following new section: and (4) of subsection (c)’’. care professional providing treatment to a pa- ‘‘§ 1703E. Center for Innovation for Care and SEC. 143. SUNSET OF VETERANS CHOICE PRO- tient regardless of whether the covered health Payment GRAM. care professional or patient is located in a facil- ‘‘(a) IN GENERAL.—(1) There is established Subsection (p) of section 101 of the Veterans ity owned by the Federal Government during within the Department a Center for Innovation Access, Choice, and Accountability Act of 2014 such treatment. for Care and Payment (in this section referred (Public Law 113–146; 38 U.S.C. 1701 note) is ‘‘(d) RELATION TO STATE LAW.—(1) The provi- to as the ‘Center’). amended to read as follows: sions of this section shall supersede any provi- ‘‘(2) The Secretary, acting through the Center, ‘‘(p) AUTHORITY TO FURNISH CARE AND SERV- sions of the law of any State to the extent that may carry out such pilot programs the Secretary ICES.—The Secretary may not use the authority such provision of State law are inconsistent determines to be appropriate to develop innova- under this section to furnish care and services with this section. tive approaches to testing payment and service after the date that is one year after the date of ‘‘(2) No State shall deny or revoke the license, delivery models in order to reduce expenditures the enactment of the Caring for Our Veterans registration, or certification of a covered health while preserving or enhancing the quality of Act of 2018.’’. care professional who otherwise meets the quali- care furnished by the Department. SEC. 144. CONFORMING AMENDMENTS. fications of the State for holding the license, ‘‘(3) The Secretary, acting through the Center, (a) IN GENERAL.— registration, or certification on the basis that shall test payment and service delivery models (1) TITLE 38.—Title 38, United States Code, is the covered health care professional has en- to determine whether such models— amended— gaged or intends to engage in activity covered ‘‘(A) improve access to, and quality, timeli- (A) in section 1712(a)— by subsection (a). ness, and patient satisfaction of care and serv- (i) in paragraph (3), by striking ‘‘under clause ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this ices; and (1), (2), or (5) of section 1703(a) of this title’’ and section may be construed to remove, limit, or ‘‘(B) create cost savings for the Department. inserting ‘‘or entered an agreement’’; and otherwise affect any obligation of a covered ‘‘(4)(A) The Secretary shall test a model in a (ii) in paragraph (4)(A), by striking ‘‘under health care professional under the Controlled location where the Secretary determines that the the provisions of this subsection and section Substances Act (21 U.S.C. 801 et seq.). model will addresses deficits in care (including 1703 of this title’’; ‘‘(f) STATE DEFINED.—In this section, the term poor clinical outcomes or potentially avoidable (B) in section 1712A(e)(1)— ‘State’ means a State, as defined in section expenditures) for a defined population. (i) by inserting ‘‘or agreements’’ after ‘‘con- 101(20) of this title, or a political subdivision of ‘‘(B) The Secretary shall focus on models the tracts’’; and a State.’’. Secretary expects to reduce program costs while (ii) by striking ‘‘(under sections 1703(a)(2) and (b) CLERICAL AMENDMENT.—The table of sec- preserving or enhancing the quality of care re- 1710(a)(1)(B) of this title)’’; and tions at the beginning of chapter 17 of such title ceived by individuals receiving benefits under (C) in section 2303(a)(2)(B)(i), by striking is amended by inserting after the item relating this chapter. ‘‘with section 1703’’ and inserting ‘‘with sections to section 1730B, as added by section 134, the ‘‘(C) The models selected may include those 1703A, 8111, and 8153’’. following new item: described in section 1115A(b)(2)(B) of the Social (2) SOCIAL SECURITY ACT.—Section ‘‘1730C. Licensure of health care professionals Security Act (42 U.S.C. 1315a(b)(2)(B)). 1866(a)(1)(L) of the Social Security Act (42 providing treatment via telemedi- ‘‘(5) In selecting a model for testing, the Sec- U.S.C. 1395cc(a)(1)(L)) is amended by striking cine.’’. retary may consider, in addition to other factors ‘‘under section 603’’ and inserting ‘‘under chap- (c) REPORT ON TELEMEDICINE.— identified in this subsection, the following fac- ter 17’’. (1) IN GENERAL.—Not later than one year after tors: (3) VETERANS’ BENEFITS IMPROVEMENTS ACT OF the earlier of the date on which services pro- ‘‘(A) Whether the model includes a regular 1994.—Section 104(a)(4)(A) of the Veterans’ Bene- vided under section 1730B of title 38, United process for monitoring and updating patient fits Improvements Act of 1994 (Public Law 103– States Code, as added by subsection (a), first care plans in a manner that is consistent with 446; 38 U.S.C. 1117 note) is amended by striking occur or regulations are promulgated to carry the needs and preferences of individuals receiv- ‘‘in section 1703’’ and inserting ‘‘in sections out such section, the Secretary of Veterans Af- ing benefits under this chapter. 1703A, 8111, and 8153’’. fairs shall submit to the Committee on Veterans’ ‘‘(B) Whether the model places the individual (b) EFFECTIVE DATE.—The amendments made Affairs of the Senate and the Committee on Vet- receiving benefits under this chapter (including by subsection (a) shall take effect on the date erans’ Affairs of the House of Representatives a family members and other caregivers of such in- described in section 101(b). report on the effectiveness of the use of tele- dividual) at the center of the care team of such Subtitle B—Improving Department of medicine by the Department of Veterans Affairs. individual. Veterans Affairs Health Care Delivery (2) ELEMENTS.—The report required by para- ‘‘(C) Whether the model uses technology or SEC. 151. LICENSURE OF HEALTH CARE PROFES- graph (1) shall include an assessment of the fol- new systems to coordinate care over time and SIONALS OF THE DEPARTMENT OF lowing: across settings. VETERANS AFFAIRS PROVIDING (A) The satisfaction of veterans with telemedi- ‘‘(D) Whether the model demonstrates effec- TREATMENT VIA TELEMEDICINE. cine furnished by the Department. tive linkage with other public sector payers, pri- (a) IN GENERAL.—Chapter 17 is amended by (B) The satisfaction of health care providers vate sector payers, or statewide payment models. inserting after section 1730B, as added by sec- in providing telemedicine furnished by the De- ‘‘(6)(A) Models tested under this section may tion 134, the following new section: partment. not be designed in such a way that would allow

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 H4026 CONGRESSIONAL RECORD — HOUSE May 16, 2018 the United States to recover or collect reason- ‘‘(H) The estimated budget of the pilot pro- waived. The motion to proceed is not debatable. able charges from a Federal health care program gram. The motion is not subject to a motion to post- for care or services furnished by the Secretary to ‘‘(3)(A) Upon receipt of a report submitted pone. A motion to reconsider the vote by which a veteran under pilot programs carried out under paragraph (2), each House of Congress the motion is agreed to or disagreed to shall not under this section. shall provide copies of the report to the chair- be in order. If a motion to proceed to the consid- ‘‘(B) In this paragraph, the term ‘Federal man and ranking member of each standing com- eration of the resolution is agreed to, the joint health care program’ means— mittee with jurisdiction under the rules of the resolution shall remain the unfinished business ‘‘(i) an insurance program described in section House of Representatives or the Senate to report until disposed of. 1811 of the Social Security Act (42 U.S.C. 1395c) a bill to amend the provision or provisions of ‘‘(II) Consideration of the joint resolution, or established by section 1831 of such Act (42 law that would be waived by the Department and on all debatable motions and appeals in U.S.C. 1395j); under this subsection. connection therewith, shall be limited to not ‘‘(ii) a State plan for medical assistance ap- ‘‘(B) The waiver requested by the Secretary more than two hours, which shall be divided proved under title XIX of such Act (42 U.S.C. under paragraph (2) shall be considered ap- equally between the majority and minority lead- 1396 et seq.); or proved under this paragraph if there is enacted ers or their designees. A motion further to limit ‘‘(iii) a TRICARE program operated under into law a joint resolution approving such re- debate is in order and not debatable. An amend- sections 1075, 1075a, 1076, 1076a, 1076c, 1076d, quest in its entirety. ment to, or a motion to postpone, or a motion to 1076e, or 1076f of title 10. ‘‘(C) For purposes of this paragraph, the term proceed to the consideration of other business, ‘‘(b) DURATION.—Each pilot program carried ‘joint resolution’ means only a joint resolution or a motion to recommit the joint resolution is out by the Secretary under this section shall ter- which is introduced within the period of five not in order. minate no later than five years after the date of legislative days beginning on the date on which ‘‘(III) If the Senate has voted to proceed to a the commencement of the pilot program. the Secretary transmits the report to the Con- joint resolution, the vote on passage of the joint ‘‘(c) LOCATION.—The Secretary shall ensure gress under such paragraph (2), and— resolution shall occur immediately following the that each pilot program carried out under this ‘‘(i) which does not have a preamble; and conclusion of consideration of the joint resolu- section occurs in an area or areas appropriate ‘‘(ii) the matter after the resolving clause of tion, and a single quorum call at the conclusion for the intended purposes of the pilot program. which is as follows: ‘that Congress approves the of the debate if requested in accordance with To the extent practicable, the Secretary shall request for a waiver under section 1703E(f) of the rules of the Senate. ensure that the pilot programs are located in title 38, United States Code, as submitted by the ‘‘(IV) Appeals from the decisions of the Chair geographically diverse areas of the United Secretary onll’, the blank space being filled relating to the application of the rules of the States. with the appropriate date. Senate, as the case may be, to the procedure re- ‘‘(d) BUDGET.—Funding for each pilot pro- ‘‘(D)(i) Any committee of the House of Rep- lating to a joint resolution shall be decided gram carried out by the Secretary under this resentatives to which a joint resolution is re- without debate. section shall come from appropriations— ferred shall report it to the House without ‘‘(F) A Joint resolution considered pursuant to ‘‘(1) provided in advance in appropriations amendment not later than 15 legislative days this paragraph shall not be subject to amend- acts for the Veterans Health Administration; after the date of introduction thereof. If a comment in either the House of Representatives or and mittee fails to report the joint resolution within the Senate. ‘‘(2) provided for information technology sys- that period, the committee shall be discharged ‘‘(G)(i) If, before the passage by one House of tems. from further consideration of the joint resolu- the joint resolution of that House, that House ‘‘(e) NOTICE.—The Secretary shall— tion. receives the joint resolution from the other ‘‘(1) publish information about each pilot pro- ‘‘(ii) It shall be in order at any time after the House, then the following procedures shall gram under this section in the Federal Register; third legislative day after each committee au- apply: and thorized to consider a joint resolution has re- ‘‘(I) The joint resolution of the other House ‘‘(2) take reasonable actions to provide direct ported or has been discharged from consider- shall not be referred to a committee. notice to veterans eligible to participate in such ation of a joint resolution, to move to proceed to ‘‘(II) With respect to the joint resolution of pilot programs. the House receiving the joint resolution— ‘‘(f) WAIVER OF AUTHORITIES.—(1) Subject to consider the joint resolution in the House. All points of order against the motion are waived. ‘‘(aa) the procedure in that House shall be the reporting under paragraph (2) and approval same as if no joint resolution had been received under paragraph (3), in implementing a pilot Such a motion shall not be in order after the House has disposed of a motion to proceed on a from the other House; but program under this section, the Secretary may ‘‘(bb) the vote on passage shall be on the joint waive such requirements in subchapters I, II, joint resolution addressing a particular submission. The previous question shall be considered resolution of the other House. and III of this chapter as the Secretary deter- ‘‘(ii) If the Senate fails to introduce or con- as ordered on the motion to its adoption without mines necessary solely for the purposes of car- sider a joint resolution under this paragraph, intervening motion. The motion shall not be de- rying out this section with respect to testing the joint resolution of the House shall be enti- batable. A motion to reconsider the vote by models described in subsection (a). tled to expedited floor procedures under this which the motion is disposed of shall not be in ‘‘(2) Before waiving any authority under subparagraph. order. paragraph (1), the Secretary shall submit to the ‘‘(iii) If, following passage of the joint resolu- ‘‘(iii) The joint resolution shall be considered Speaker of the House of Representatives, the mi- tion in the Senate, the Senate then receives the as read. All points of order against the joint res- nority leader of the House of Representatives, companion measure from the House of Rep- olution and against its consideration are the majority leader of the Senate, the minority resentatives, the companion measure shall not waived. The previous question shall be consid- leader of the Senate, and each standing com- be debatable. mittee with jurisdiction under the rules of the ered as ordered on the joint resolution to its pas- ‘‘(H) This subparagraph is enacted by Con- Senate and of the House of Representatives to sage without intervening motion except two gress— report a bill to amend the provision or provi- hours of debate equally divided and controlled ‘‘(i) as an exercise of the rulemaking power of sions of law that would be waived by the De- by the proponent and an opponent. A motion to the Senate and the House of Representatives, re- partment, a report on a request for waiver that reconsider the vote on passage of the joint reso- spectively, and as such it is deemed a part of the describes in detail the following: lution shall not be in order. rules of each House, respectively, but applicable ‘‘(A) The specific authorities to be waived ‘‘(E)(i) A joint resolution introduced in the only with respect to the procedure to be followed under the pilot program. Senate shall be referred to the Committee on in that House in the case of a joint resolution, ‘‘(B) The standard or standards to be used in Veterans’ Affairs. and it supersedes other rules only to the extent ‘‘(ii) Any committee of the Senate to which a the pilot program in lieu of the waived authori- that it is inconsistent with such rules; and ties. joint resolution is referred shall report it to the ‘‘(ii) with full recognition of the constitutional ‘‘(C) The reasons for such waiver or waivers. Senate without amendment not later than 15 right of either House to change the rules (so far ‘‘(D) A description of the metric or metrics the session days after the date of introduction of a as relating to the procedures of that House) at Secretary will use to determine the effect of the joint resolution described in paragraph (C). If a any time, in the same manner, and to the same waiver or waivers upon the access to and qual- committee fails to report the joint resolution extent as in the case of any other rule of that ity, timeliness, or patient satisfaction of care within that period, the committee shall be dis- House.’’. and services furnished through the pilot pro- charged from further consideration of the joint ‘‘(g) LIMITATIONS.—(1) The Secretary may not gram. resolution and the joint resolution shall be carry out more than 10 pilot programs concur- ‘‘(E) The anticipated cost savings, if any, of placed on the calendar. rently. the pilot program. ‘‘(iii)(I) Notwithstanding Rule XXII of the ‘‘(2)(A) Subject to subparagraph (B), the Sec- ‘‘(F) The schedule for interim reports on the Standing Rules of the Senate, it is in order at retary may not expend more than $50,000,000 in pilot program describing the results of the pilot any time after the third session day on which any fiscal year from amounts under subsection program so far and the feasibility and advis- the Committee on Veterans’ Affairs has reported (d). ability of continuing the pilot program. or has been discharged from consideration of a ‘‘(B) The Secretary may expend more than the ‘‘(G) The schedule for the termination of the joint resolution described in paragraph (C) amount in subparagraph (A) if— pilot program and the submission of a final re- (even though a previous motion to the same ef- ‘‘(i) the Secretary determines that the addi- port on the pilot program describing the result fect has been disagreed to) to move to proceed to tional expenditure is necessary to carry out pilot of the pilot program and the feasibility and ad- the consideration of the joint resolution, and all programs under this section; visability of making the pilot program perma- points of order against the joint resolution (and ‘‘(ii) the Secretary submits to the Committees nent. against consideration of the joint resolution) are on Veterans’ Affairs of the Senate and the

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4027

House of Representatives a report setting forth (b) CONFORMING AMENDMENT.—The table of incurred or aggravated in the line of duty in the the amount of the additional expenditure and a sections at the beginning of such chapter, as active military, naval, or air service; and’’. justification for the additional expenditure; and amended by this title, is further amended by in- (B) PUBLICATION IN FEDERAL REGISTER.—Not ‘‘(iii) the Chairmen of the Committees on Vet- serting after the item relating to section 1703D later than 30 days after the date on which the erans’ Affairs of the Senate and the House of the following new item: Secretary of Veterans Affairs submits to Con- Representatives transmit to the Secretary a let- ‘‘1703E. Center for Innovation for Care and gress the certification described in subsection ter approving of the additional expenditure. Payment.’’. (a)(2)(B)(i) of section 1720G of such title, as ‘‘(3) The waiver provisions in subsection (f) SEC. 153. AUTHORIZATION TO PROVIDE FOR OP- amended by subparagraph (A) of this para- shall not apply unless the Secretary, in accord- ERATIONS ON LIVE DONORS FOR graph, the Secretary shall publish the date spec- ance with the requirements in subsection (f), PURPOSES OF CONDUCTING TRANS- ified in such subsection in the Federal Register. submits the first proposal for a pilot program PLANT PROCEDURES FOR VET- (2) EXPANSION OF NEEDED SERVICES IN ELIGI- not later than 18 months after the date of the ERANS. BILITY CRITERIA.—Subsection (a)(2)(C) of such enactment of the Caring for Our Veterans Act of (a) IN GENERAL.—Subchapter VIII of chapter section is amended— 2018. 17 is amended by adding at the end the fol- (A) in clause (ii), by striking ‘‘; or’’ and in- ‘‘(4) Notwithstanding section 502 of this title, lowing new section: serting a semicolon; decisions by the Secretary under this section ‘‘§ 1788. Transplant procedures with live do- (B) by redesignating clause (iii) as clause (iv); shall, consistent with section 511 of this title, be nors and related services and final and conclusive and may not be reviewed (C) by inserting after clause (ii) the following ‘‘(a) IN GENERAL.—Subject to subsections (b) new clause (iii): by any other official or by any court, whether and (c), in a case in which a veteran is eligible by an action in the nature of mandamus or oth- ‘‘(iii) a need for regular or extensive instruc- for a transplant procedure from the Department, tion or supervision without which the ability of erwise. the Secretary may provide for an operation on a ‘‘(5)(A) If the Secretary determines that a the veteran to function in daily life would be se- live donor to carry out such procedure for such pilot program is not improving the quality of riously impaired; or’’. veteran, notwithstanding that the live donor care or producing cost savings, the Secretary (3) EXPANSION OF SERVICES PROVIDED.—Sub- may not be eligible for health care from the De- shall— section (a)(3)(A)(ii) of such section is amended— partment. ‘‘(i) propose a modification to the pilot pro- (A) in subclause (IV), by striking ‘‘; and’’ and ‘‘(b) OTHER SERVICES.—Subject to the avail- gram in the interim report that shall also be inserting a semicolon; ability of appropriations for such purpose, the considered a report under subsection (f)(2) and (B) in subclause (V), by striking the period at Secretary shall furnish to a live donor any care shall be subject to the terms and conditions of the end and inserting ‘‘; and’’; and or services before and after conducting the (C) by adding at the end the following new subsection (f)(2); or transplant procedure under subsection (a) that subclause: ‘‘(ii) terminate such pilot program not later may be required in connection with such proce- ‘‘(VI) through the use of contracts with, or than 30 days after submitting the interim report dure. the provision of grants to, public or private enti- to Congress. ‘‘(c) USE OF NON-DEPARTMENT FACILITIES.— ties— ‘‘(B) If the Secretary terminates a pilot pro- In carrying out this section, the Secretary may ‘‘(aa) financial planning services relating to gram under subparagraph (A)(ii), for purposes provide for the operation described in subsection the needs of injured veterans and their care- of subparagraphs (F) and (G) of subsection (a) on a live donor and furnish to the live donor givers; and (f)(2), such interim report will also serve as the the care and services described in subsection (b) ‘‘(bb) legal services, including legal advice final report for that pilot program. at a non-Department facility pursuant to an and consultation, relating to the needs of in- ‘‘(h) EVALUATION AND REPORTING REQUIRE- agreement entered into by the Secretary under jured veterans and their caregivers.’’. MENTS.—(1) The Secretary shall conduct an this chapter. The live donor shall be deemed to (4) MODIFICATION OF STIPEND CALCULATION.— evaluation of each model tested, which shall in- be an individual eligible for hospital care and Subsection (a)(3)(C) of such section is amend- clude, at a minimum, an analysis of— medical services at a non-Department facility ed— ‘‘(A) the quality of care furnished under the (A) by redesignating clause (iii) as clause (iv); model, including the measurement of patient- pursuant to such an agreement solely for the purposes of receiving such operation, care, and and level outcomes and patient-centeredness criteria (B) by inserting after clause (ii) the following determined appropriate by the Secretary; and services at the non-Department facility.’’. (b) CLERICAL AMENDMENT.—The table of sec- new clause (iii): ‘‘(B) the changes in spending by reason of tions at the beginning of chapter 17 is amended ‘‘(iii) In determining the amount and degree that model. of personal care services provided under clause ‘‘(2) The Secretary shall make the results of by inserting after the item relating to section 1787 the following new item: (i) with respect to an eligible veteran whose each evaluation under this subsection available need for personal care services is based in whole to the public in a timely fashion and may estab- ‘‘1788. Transplant procedures with live donors or in part on a need for supervision or protec- lish requirements for other entities participating and related services.’’. tion under paragraph (2)(C)(ii) or regular in- in the testing of models under this section to col- Subtitle C—Family Caregivers struction or supervision under paragraph lect and report information that the Secretary SEC. 161. EXPANSION OF FAMILY CAREGIVER (2)(C)(iii), the Secretary shall take into account determines is necessary to monitor and evaluate PROGRAM OF DEPARTMENT OF VET- the following: such models. ERANS AFFAIRS. ‘‘(I) The assessment by the family caregiver of ‘‘(i) COORDINATION AND ADVICE.—(1) The Sec- (a) FAMILY CAREGIVER PROGRAM.— the needs and limitations of the veteran. retary shall obtain advice from the Under Sec- (1) EXPANSION OF ELIGIBILITY.— ‘‘(II) The extent to which the veteran can retary for Health and the Special Medical Advi- (A) IN GENERAL.—Subparagraph (B) of sub- function safely and independently in the ab- sory Group established pursuant to section 7312 section (a)(2) of section 1720G is amended to sence of such supervision, protection, or instruc- of this title in the development and implementa- read as follows: tion. tion of any pilot program operated under this ‘‘(B) for assistance provided under this sub- ‘‘(III) The amount of time required for the section. section— family caregiver to provide such supervision, ‘‘(2) In carrying out the duties under this sec- ‘‘(i) before the date on which the Secretary protection, or instruction to the veteran.’’. tion, the Secretary shall consult representatives submits to Congress a certification that the De- (5) PERIODIC EVALUATION OF NEED FOR CER- of relevant Federal agencies, and clinical and partment has fully implemented the information TAIN SERVICES.—Subsection (a)(3) of such sec- analytical experts with expertise in medicine technology system required by section 162(a) of tion is amended by adding at the end the fol- and health care management. The Secretary the Caring for Our Veterans Act of 2018, has a lowing new subparagraph: shall use appropriate mechanisms to seek input serious injury (including traumatic brain in- ‘‘(D) In providing instruction, preparation, from interested parties. jury, psychological trauma, or other mental dis- and training under subparagraph (A)(i)(I) and ‘‘(j) EXPANSION OF SUCCESSFUL PILOT PRO- order) incurred or aggravated in the line of duty technical support under subparagraph (A)(i)(II) GRAMS.—Taking into account the evaluation in the active military, naval, or air service on or to each family caregiver who is approved as a under subsection (f), the Secretary may, after September 11, 2001; provider of personal care services for an eligible through rulemaking, expand (including imple- ‘‘(ii) during the two-year period beginning on veteran under paragraph (6), the Secretary shall mentation on a nationwide basis) the duration the date on which the Secretary submitted to periodically evaluate the needs of the eligible and the scope of a model that is being tested Congress the certification described in clause (i), veteran and the skills of the family caregiver of under subsection (a) to the extent determined has a serious injury (including traumatic brain such veteran to determine if additional instruc- appropriate by the Secretary, if— injury, psychological trauma, or other mental tion, preparation, training, or technical support ‘‘(1) the Secretary determines that such ex- disorder) incurred or aggravated in the line of under those subparagraphs is necessary.’’. pansion is expected to— duty in the active military, naval, or air serv- (6) USE OF PRIMARY CARE TEAMS.—Subsection ‘‘(A) reduce spending without reducing the ice— (a)(5) of such section is amended, in the matter quality of care; or ‘‘(I) on or before May 7, 1975; or preceding subparagraph (A), by inserting ‘‘(in ‘‘(B) improve the quality of patient care with- ‘‘(II) on or after September 11, 2001; or collaboration with the primary care team for the out increasing spending; and ‘‘(iii) after the date that is two years after the eligible veteran to the maximum extent prac- ‘‘(2) the Secretary determines that such ex- date on which the Secretary submits to Congress ticable)’’ after ‘‘evaluate’’. pansion would not deny or limit the coverage or the certification described in clause (i), has a se- (7) ASSISTANCE FOR FAMILY CAREGIVERS.—Sub- provision of benefits for individuals receiving rious injury (including traumatic brain injury, section (a) of such section is amended by adding benefits under this chapter.’’. psychological trauma, or other mental disorder) at the end the following new paragraph:

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‘‘(11)(A) In providing assistance under this (1) INITIAL REPORT.— (1) in clause (i), by striking ‘‘; and’’ and in- subsection to family caregivers of eligible vet- (A) IN GENERAL.—Not later than 90 days after serting a semicolon; erans, the Secretary may enter into contracts, the date of the enactment of this Act, the Sec- (2) in clause (ii), by striking the period at the provider agreements, and memoranda of under- retary shall submit to the Committee on Vet- end and inserting ‘‘; and’’; and standing with Federal agencies, States, and pri- erans’ Affairs of the Senate, the Committee on (3) by adding at the end the following new vate, nonprofit, and other entities to provide Veterans’ Affairs of the House of Representa- clause: such assistance to such family caregivers. tives, and the Comptroller General of the United ‘‘(iii) an evaluation of the sufficiency and ‘‘(B) The Secretary may provide assistance States a report that includes— consistency of the training provided to family under this paragraph only if such assistance is (i) the status of the planning, development, caregivers under such program in preparing reasonably accessible to the family caregiver and deployment of the system required to be im- family caregivers to provide care to veterans and is substantially equivalent or better in qual- plemented under subsection (a), including any under such program.’’. ity to similar services provided by the Depart- changes in the timeline for the implementation TITLE II—VA ASSET AND ment. of the system; and INFRASTRUCTURE REVIEW (ii) an assessment of the needs of family care- ‘‘(C) The Secretary may provide fair com- Subtitle A—Asset and Infrastructure Review pensation to Federal agencies, States, and other givers of veterans described in subparagraph SEC. 201. SHORT TITLE. entities that provide assistance under this para- (B), the resources needed for the inclusion of This subtitle may be cited as the ‘‘VA Asset graph.’’. such family caregivers in the Program, and such changes to the Program as the Secretary con- and Infrastructure Review Act of 2018’’. (b) MODIFICATION OF DEFINITION OF PER- siders necessary to ensure the successful expan- SEC. 202. THE COMMISSION. SONAL CARE SERVICES.—Subsection (d)(4) of such section is amended— sion of the Program to include such family care- (a) ESTABLISHMENT.—There is established an (1) in subparagraph (A), by striking ‘‘inde- givers. independent commission to be known as the (B) VETERANS DESCRIBED.—Veterans described pendent’’; ‘‘Asset and Infrastructure Review Commission’’ in this subparagraph are veterans who are eligi- (2) by redesignating subparagraph (B) as sub- (in this subtitle referred to as the ‘‘Commis- ble for the Program under clause (ii) or (iii) of paragraph (D); and sion’’). section 1720G(a)(2)(B) of title 38, United States (3) by inserting after subparagraph (A) the (b) DUTIES.—The Commission shall carry out Code, as amended by section 161(a)(1) of this following new subparagraphs: the duties specified for it in this subtitle. title, solely due to a serious injury (including ‘‘(B) Supervision or protection based on symp- (c) APPOINTMENT.— traumatic brain injury, psychological trauma, (1) IN GENERAL.— toms or residuals of neurological or other im- or other mental disorder) incurred or aggravated (A) APPOINTMENT.—The Commission shall be pairment or injury. in the line of duty in the active military, naval, composed of 9 members appointed by the Presi- ‘‘(C) Regular or extensive instruction or su- or air service before September 11, 2001. dent, by and with the advice and consent of the pervision without which the ability of the vet- (2) NOTIFICATION BY COMPTROLLER GEN- Senate. eran to function in daily life would be seriously ERAL.—The Comptroller General shall review (B) TRANSMISSION OF NOMINATIONS.—The impaired.’’. the report submitted under paragraph (1) and President shall transmit to the Senate the nomi- SEC. 162. IMPLEMENTATION OF INFORMATION notify the Committee on Veterans’ Affairs of the nations for appointment to the Commission not TECHNOLOGY SYSTEM OF DEPART- Senate and the Committee on Veterans’ Affairs later than May 31, 2021. MENT OF VETERANS AFFAIRS TO AS- of the House of Representatives with respect to SESS AND IMPROVE THE FAMILY (2) CONSULTATION IN SELECTION PROCESS.—In CAREGIVER PROGRAM. the progress of the Secretary in— selecting individuals for nominations for ap- (A) fully implementing the system required (a) IMPLEMENTATION OF NEW SYSTEM.— pointments to the Commission, the President under subsection (a); and shall consult with— (1) IN GENERAL.—Not later than October 1, (B) implementing a process for using such sys- 2018, the Secretary of Veterans Affairs shall im- (A) the Speaker of the House of Representa- tem to monitor and assess the Program under tives; plement an information technology system that subsection (c)(1) and modify the Program as fully supports the Program and allows for data (B) the majority leader of the Senate; considered necessary under subsection (c)(2). (C) the minority leader of the House of Rep- assessment and comprehensive monitoring of the (3) FINAL REPORT.— resentatives; Program. (A) IN GENERAL.—Not later than October 1, (D) the minority leader of the Senate; and (2) ELEMENTS OF SYSTEM.—The information 2019, the Secretary shall submit to the Com- (E) congressionally chartered, membership technology system required to be implemented mittee on Veterans’ Affairs of the Senate, the based veterans service organizations concerning under paragraph (1) shall include the following: Committee on Veterans’ Affairs of the House of the appointment of three members. (A) The ability to easily retrieve data that will Representatives, and the Comptroller General a (3) DESIGNATION OF CHAIR.—At the time the allow all aspects of the Program (at the medical report on the implementation of subsections (a) President nominates individuals for appoint- center and aggregate levels) and the workload through (c). ment to the Commission under paragraph (1)(B), trends for the Program to be assessed and com- (B) ELEMENTS.—The report required by sub- the President shall designate one such indi- prehensively monitored. paragraph (A) shall include the following: vidual who shall serve as Chair of the Commis- (i) A certification by the Secretary that the in- (B) The ability to manage data with respect to sion and one such individual who shall serve as formation technology system described in sub- a number of caregivers that is more than the Vice Chair of the Commission. section (a) has been implemented. number of caregivers that the Secretary expects (4) MEMBER REPRESENTATION.—In nominating (ii) A description of how the Secretary has im- to apply for the Program. individuals under this subsection, the President (C) The ability to integrate the system with plemented such system. (iii) A description of the modifications to the shall ensure that— other relevant information technology systems (A) veterans, reflecting current demographics of the Veterans Health Administration. Program, if any, that were identified and implemented under subsection (c)(2). of veterans enrolled in the system of annual pa- (b) ASSESSMENT OF PROGRAM.—Not later than tient enrollment under section 1705 of title 38, 180 days after implementing the system de- (iv) A description of how the Secretary is using such system to monitor the workload of United States Code, are adequately represented scribed in subsection (a), the Secretary shall, in the membership of the Commission; through the Under Secretary for Health, use the Program. (e) DEFINITIONS.—In this section: (B) at least one member of the Commission has data from the system and other relevant data to (1) ACTIVE MILITARY, NAVAL, OR AIR SERV- experience working for a private integrated conduct an assessment of how key aspects of the ICE.—The term ‘‘active military, naval, or air health care system that has annual gross reve- Program are structured and carried out. service’’ has the meaning given that term in sec- nues of more than $50,000,000; (c) ONGOING MONITORING OF AND MODIFICA- tion 101 of title 38, United States Code. (C) at least one member has experience as a TIONS TO PROGRAM.— (2) PROGRAM.—The term ‘‘Program’’ means senior manager for an entity specified in clause (1) MONITORING.—The Secretary shall use the the program of comprehensive assistance for (ii), (iii), or (iv) of section 101(a)(1)(B) of the system implemented under subsection (a) to family caregivers under section 1720G(a) of title Veterans Access, Choice, and Accountability Act monitor and assess the workload of the Pro- 38, United States Code, as amended by section of 2014 (Public Law 113–146; 38 U.S.C. 1701 gram, including monitoring and assessment of 161 of this title. note); data on— SEC. 163. MODIFICATIONS TO ANNUAL EVALUA- (D) at least one member— (A) the status of applications, appeals, and TION REPORT ON CAREGIVER PRO- (i) has experience with capital asset manage- home visits in connection with the Program; and GRAM OF DEPARTMENT OF VET- ment for the Federal Government; and (B) the use by caregivers participating in the ERANS AFFAIRS. (ii) is familiar with trades related to building Program of other support services under the (a) BARRIERS TO CARE AND SERVICES.—Sub- and real property, including construction, engi- Program such as respite care. paragraph (A)(iv) of section 101(c)(2) of the neering, architecture, leasing, and strategic (2) MODIFICATIONS.—Based on the monitoring Caregivers and Veterans Omnibus Health Serv- partnerships; and and assessment conducted under paragraph (1), ices Act of 2010 (Public Law 111–163; 38 U.S.C. (E) at least three members represent congres- the Secretary shall identify and implement such 1720G note) is amended by inserting ‘‘, including sionally chartered, membership-based, veterans modifications to the Program as the Secretary a description of any barriers to accessing and service organizations. considers necessary to ensure the Program is receiving care and services under such pro- (d) MEETINGS.— functioning as intended and providing veterans grams’’ before the semicolon. (1) IN GENERAL.—The Commission shall meet and caregivers participating in the Program (b) SUFFICIENCY OF TRAINING FOR FAMILY only during calendar years 2022 and 2023. with services in a timely manner. CAREGIVER PROGRAM.—Subparagraph (B) of (2) PUBLIC NATURE OF MEETINGS AND PRO- (d) REPORTS.— such section is amended— CEEDINGS.—

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(A) PUBLIC MEETINGS.—Each meeting of the (i) OTHER AUTHORITY.— (E) The extent to which the operating and Commission shall be open to the public. (1) TEMPORARY AND INTERMITTENT SERVICES.— maintenance costs are reduced through consoli- (B) OPEN PARTICIPATION.—All the pro- The Commission may procure by contract, to the dating, colocating, and reconfiguring space, and ceedings, information, and deliberations of the extent funds are available, the temporary or through realizing other operational efficiencies. Commission shall be available for review by the intermittent services of experts or consultants (F) The extent and timing of potential costs public. pursuant to section 3109 of title 5, United States and savings, including the number of years such (e) VACANCIES.—A vacancy in the Commission Code. costs or savings will be incurred, beginning with shall be filled in the same manner as the origi- (2) LEASING AND ACQUISITION OF PROPERTY.— the date of completion of the proposed rec- nal appointment, but the individual appointed To the extent funds are available, the Commis- ommendation. to fill the vacancy shall serve only for the unex- sion may lease real property and acquire per- (G) The extent to which the real property pired portion of the term for which the individ- sonal property either of its own accord or in aligns with the mission of the Department of ual’s predecessor was appointed. consultation with the General Services Adminis- Veterans Affairs. (f) PAY.— tration. (H) The extent to which any action would im- (1) IN GENERAL.—Members of the Commission (j) TERMINATION.—The Commission shall ter- pact other missions of the Department (includ- shall serve without pay. minate on December 31, 2023. ing education, research, or emergency prepared- (2) OFFICERS OR EMPLOYEES OF THE UNITED (k) PROHIBITION AGAINST RESTRICTING COM- ness). STATES.—Each member of the Commission who is MUNICATIONS.— (I) Local stakeholder inputs and any factors an officer or employee of the United States shall (1) IN GENERAL.—Except as provided in para- identified through public field hearings. serve without compensation in addition to that graph (2), no person may restrict an employee of (J) The assessments under paragraph (3). received for service as an officer or employee of the Department of Veterans Affairs in commu- (K) The extent to which the Veterans Health the United States. nicating with the Commission. Administration has appropriately staffed the (2) UNLAWFUL COMMUNICATIONS.—Paragraph (3) TRAVEL EXPENSES.—Members shall receive medical facility, including determinations (1) does not apply to a communication that is travel expenses, including per diem in lieu of whether there has been insufficient resource al- unlawful. subsistence, in accordance with sections 5702 location or deliberate understaffing. and 5703 of title 5, United States Code. SEC. 203. PROCEDURE FOR MAKING REC- (L) Any other such factors the Secretary de- (g) DIRECTOR OF STAFF.— OMMENDATIONS. termines appropriate. (1) APPOINTMENT.—The Commission shall ap- (a) SELECTION CRITERIA.— (3) CAPACITY AND COMMERCIAL MARKET AS- point a Director who— (1) PUBLICATION.—The Secretary shall, not SESSMENTS.— (A) has not served as an employee of the De- later than February 1, 2021, and after con- (A) ASSESSMENTS.—The Secretary shall assess partment of Veterans Affairs during the one- sulting with veterans service organizations, pub- the capacity of each Veterans Integrated Service year period preceding the date of such appoint- lish in the Federal Register and transmit to the Network and medical facility of the Department ment; and Committees on Veterans’ Affairs of the Senate to furnish hospital care or medical services to (B) is not otherwise barred or prohibited from and the House of Representatives the criteria veterans under chapter 17 of title 38, United serving as Director under Federal ethics laws proposed to be used by the Department of Vet- States Code. Each such assessment shall— and regulations, by reason of post-employment erans Affairs in assessing and making rec- (i) identify gaps in furnishing such care or conflict of interest. ommendations regarding the modernization or services at such Veterans Integrated Service (2) RATE OF PAY.—The Director shall be paid realignment of facilities of the Veterans Health at the rate of basic pay payable for level IV of Network or medical facility; Administration under this subtitle. Such criteria (ii) identify how such gaps can be filled by— the Executive Schedule under section 5315 of shall include the preferences of veterans regard- (I) entering into contracts or agreements with title 5, United States Code. ing health care furnished by the Department. network providers under this section or with en- (h) STAFF.— (2) PUBLIC COMMENT.—The Secretary shall tities under other provisions of law; (1) PAY OF PERSONNEL.—Subject to para- provide an opportunity for public comment on (II) making changes in the way such care and graphs (2) and (3), the Director, with the ap- the proposed criteria under paragraph (1) for a services are furnished at such Veterans Inte- proval of the Commission, may appoint and fix period of at least 90 days and shall include no- grated Service Network or medical facility, in- the pay of additional personnel. tice of that opportunity in the publication re- (2) EXEMPTION FROM CERTAIN REQUIRE- cluding— quired under such paragraph. (aa) extending hours of operation; MENTS.—The Director may make such appoint- (3) PUBLICATION OF FINAL CRITERIA.—The Sec- (bb) adding personnel; or ments without regard to the provisions of title 5, retary shall, not later than May 31, 2021, pub- (cc) expanding space through the construc- United States Code, governing appointments in lish in the Federal Register and transmit to the tion, leasing, or sharing of health care facilities; the competitive service, and any personnel so Committees on Veterans’ Affairs of the Senate and appointed may be paid without regard to the and the House of Representatives the final cri- (III) the building or realignment of Depart- provisions of chapter 51 and subchapter III of teria to be used in making recommendations re- chapter 53 of that title relating to classification ment resources or personnel; garding the closure, modernization, or realign- (iii) forecast, based on future projections and and General Schedule pay rates, except that an ment of facilities of the Veterans Health Admin- individual so appointed may not receive pay in historical trends, both the short- and long-term istration under this subtitle. demand in furnishing care or services at such excess of the annual rate of basic pay payable (b) RECOMMENDATIONS OF THE SECRETARY.— Veterans Integrated Service Network or medical for GS–15 of the General Schedule. (1) PUBLICATION IN FEDERAL REGISTER.—The (3) DETAILEES.— Secretary shall, not later than January 31, 2022, facility and assess how such demand affects the (A) LIMITATION ON NUMBER.—Not more than and after consulting with veterans service orga- needs to use such network providers; two-thirds of the personnel employed by or de- nizations, publish in the Federal Register and (iv) include a commercial health care market tailed to the Commission may be on detail from transmit to the Committees on Veterans’ Affairs assessment of designated catchment areas in the the Department of Veterans Affairs. of the Senate and the House of Representatives United States conducted by a non-governmental (B) PROFESSIONAL ANALYSTS.—Not more than and to the Commission a report detailing the entity; and half of the professional analysts of the Commis- recommendations regarding the modernization (v) consider the unique ability of the Federal sion staff may be persons detailed from the De- or realignment of facilities of the Veterans Government to retain a presence in an area oth- partment of Veterans Affairs to the Commission. Health Administration on the basis of the final erwise devoid of commercial health care pro- (C) PROHIBITION ON DETAIL OF CERTAIN PER- criteria referred to in subsection (a)(2) that are viders or from which such providers are at risk SONNEL.—A person may not be detailed from the applicable. of leaving. Department of Veterans Affairs to the Commis- (2) FACTORS FOR CONSIDERATION.—In making (B) CONSULTATION.—In carrying out the as- sion if, within 6 months before the detail is to recommendations under this subsection, the Sec- sessments under subparagraph (A), the Sec- begin, that person participated personally and retary shall consider each of the following fac- retary shall consult with veterans service orga- substantially in any matter within the Depart- tors: nizations and veterans served by each such Vet- ment of Veterans Affairs concerning the prepa- (A) The degree to which any health care de- erans Integrated Service Network and medical ration of recommendations regarding facilities of livery or other site for providing services to vet- facility. the Veterans Health Administration. erans reflect the metrics of the Department of (C) SUBMITTAL.—The Secretary shall submit (4) AUTHORITY TO REQUEST DETAILED PER- Veterans Affairs regarding market area health such assessments to the Committees on Veterans’ SONNEL.—Subject to paragraph (3), the head of system planning. Affairs of the House of Representatives and the any Federal department or agency, upon the re- (B) The provision of effective and efficient ac- Senate with the recommendations of the Sec- quest of the Director, may detail any of the per- cess to high-quality health care and services for retary under this subsection and make the as- sonnel of that department or agency to the Com- veterans. sessments publicly available. mission to assist the Commission in carrying out (C) The extent to which the real property that (4) SUMMARY OF SELECTION PROCESS.—The its duties under this subtitle. no longer meets the needs of the Federal Gov- Secretary shall include, with the list of rec- (5) INFORMATION FROM FEDERAL AGENCIES.— ernment could be reconfigured, repurposed, con- ommendations published and transmitted pursu- The Commission may secure directly from any solidated, realigned, exchanged, outleased, re- ant to paragraph (1), a summary of the selection Federal agency such information the Commis- placed, sold, or disposed. process that resulted in the recommendation for sion considers necessary to carry out this sub- (D) The need of the Veterans Health Adminis- each facility of the Veterans Health Administra- title. Upon request of the Chair, the head of tration to acquire infrastructure or facilities tion, including a justification for each rec- such agency shall furnish such information to that will be used for the provision of health care ommendation. The Secretary shall transmit the the Commission. and services to veterans. matters referred to in the preceding sentence not

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 H4030 CONGRESSIONAL RECORD — HOUSE May 16, 2018 later than 7 days after the date of the trans- (iii) publishes a notice of the proposed change ommended by the Commission in a report transmittal to the Committees on Veterans’ Affairs of in the Federal Register not less than 45 days be- mitted from the President pursuant to section the Senate and the House of Representatives fore transmitting its recommendations to the 203(d) if a joint resolution is enacted, in accord- and the Commission of the report referred to in President pursuant to subparagraph (A); and ance with the provisions of section 207, dis- paragraph (1). (iv) conducts public hearings on the proposed approving such recommendations of the Com- (5) TREATMENT OF FACILITIES.—In assessing change. mission before the earlier of— facilities of the Veterans Health Administration, (3) JUSTIFICATION FOR CHANGES.—The Com- (A) the end of the 45-day period beginning on the Secretary shall consider all such facilities mission shall explain and justify in its report the date on which the President transmits such equally without regard to whether the facility submitted to the President pursuant to para- report; or has been previously considered or proposed for graph (2) any recommendation made by the (B) the adjournment of Congress sine die for reuse, closure, modernization, or realignment by Commission that is different from the rec- the session during which such report is trans- the Department of Veterans Affairs. ommendations made by the Secretary pursuant mitted. (6) AVAILABILITY OF INFORMATION TO CON- to subsection (b). The Commission shall transmit (2) COMPUTATION OF PERIOD.—For purposes of GRESS.—In addition to making all information a copy of such report to the Committees on Vet- paragraph (1) and subsections (a) and (c) of sec- used by the Secretary to prepare the rec- erans’ Affairs of the Senate and the House of tion 207, the days on which either House of Con- ommendations under this subsection available to Representatives on the same date on which it gress is not in session because of an adjourn- Congress (including any committee or Member of transmits its recommendations to the President ment of more than three days to a day certain Congress), the Secretary shall also make such under paragraph (2). shall be excluded in the computation of a pe- information available to the Commission and the (4) PROVISION OF INFORMATION TO CON- riod. Comptroller General of the United States. GRESS.—After the Commission transmits its re- SEC. 205. IMPLEMENTATION. (7) CERTIFICATION OF ACCURACY.— port to the President, the Commission shall (A) IN GENERAL.—Each person referred to in (a) IN GENERAL.— promptly provide, upon request, to any Member subparagraph (B), when submitting information (1) MODERNIZING AND REALIGNING FACILI- of Congress, information used by the Commis- to the Secretary or the Commission concerning TIES.—In modernizing or realigning any facility sion in making its recommendations. the modernization or realignment of a facility of of the Veterans Health Administration under (d) REVIEW BY THE PRESIDENT.— the Veterans Health Administration, shall cer- this subtitle, the Secretary may— (1) REPORT.—The President shall, not later (A) take such actions as may be necessary to tify that such information is accurate and com- than February 15, 2023, transmit to the Commis- modernize or realign any such facility, includ- plete to the best of that person’s knowledge and sion and to the Congress a report containing the belief. ing the alteration of such facilities, the acquisi- President’s approval or disapproval of the Com- (B) COVERED PERSONS.—Subparagraph (A) ap- tion of such land, the leasing or construction of mission’s recommendations. plies to the following persons: such replacement facilities, the disposition of (2) PRESIDENTIAL APPROVAL.—If the President (i) Each Under Secretary of the Department of such land or facilities, the performance of such approves all the recommendations of the Com- Veterans Affairs. activities, and the conduct of such advance mission, the President shall transmit a copy of (ii) Each director of a Veterans Integrated planning and design as may be required to such recommendations to the Congress, together Service Network. transfer functions from a facility of the Vet- with a certification of such approval. (iii) Each director of a medical center of the erans Health Administration to another such fa- (3) PRESIDENTIAL DISAPPROVAL.—If the Presi- Department of Veterans Affairs. cility, and may use for such purpose funds in (iv) Each director of a program office of the dent disapproves the recommendations of the the Account or funds appropriated to the De- Department of Veterans Affairs. Commission, in whole or in part, the President (v) Each person who is in a position the duties shall transmit to the Commission and the Con- partment of Veterans Affairs for such purposes; of which include personal and substantial in- gress, not later than March 1, 2023, the reasons (B) carry out activities for the purposes of en- volvement in the preparation and submission of for that disapproval. The Commission, after con- vironmental mitigation, abatement, or restora- information and recommendations concerning sideration of the President’s reasons for dis- tion at any such facility, and shall use for such the modernization or realignment of facilities of approval, shall then transmit to the President, purposes funds in the Account; the Veterans Health Administration. not later than March 15, 2023, a report con- (C) reimburse other Federal agencies for ac- (c) REVIEW AND RECOMMENDATIONS BY THE taining— tions performed at the request of the Secretary COMMISSION.— (A) the Commission’s findings and conclusions with respect to any such closure or realignment, (1) PUBLIC HEARINGS.— based on a review and analysis of those reasons and may use for such purpose funds in the Ac- (A) IN GENERAL.—After receiving the rec- for disapproval provided by the President; and count or funds appropriated to the Department ommendations from the Secretary pursuant to (B) recommendations that the Commission de- of Veterans Affairs and available for such pur- subsection (b), the Commission shall conduct termines are appropriate for modernizations and pose; and public hearings on the recommendations. realignments of facilities of the Veterans Health (D) exercise the authority of the Secretary (B) LOCATIONS.—The Commission shall con- Administration. under subchapter V of chapter 81 of title 38, duct public hearings in regions affected by a (4) TRANSMITTAL OF RECOMMENDATIONS TO United States Code. recommendation of the Secretary to close a facil- CONGRESS.—If the President approves all rec- (2) ENVIRONMENTAL RESTORATION; HISTORIC ity of the Veterans Health Administration. To ommendations of the Commission transmitted to PRESERVATION.—In carrying out any closure or the greatest extent practicable, the Commission the President under paragraph (3), the Presi- realignment under this subtitle, the Secretary, shall conduct public hearings in regions affected dent shall transmit a copy of such recommenda- with regards to any property made excess to the by a recommendation of the Secretary to mod- tions to the Congress, together with a certifi- needs of the Department of Veterans Affairs as ernize or realign such a facility. cation of such approval. a result of such closure or realignment, shall (C) REQUIRED WITNESSES.—Witnesses at each (5) FAILURE TO TRANSMIT.—If the President carry out, as soon as possible with funds avail- public hearing shall include at a minimum— does not transmit to the Congress an approval able for such purpose, any of the following for (i) a veteran— and certification described in paragraph (2) or which the Secretary is responsible: (I) enrolled under section 1705 of title 38, (4) by March 30, 2023, the process by which fa- (A) Environmental mitigation. United States Code; and (B) Environmental abatement. (II) identified by a local veterans service orga- cilities of the Veterans Health Administration may be selected for modernization or realign- (C) Environmental restoration. nization; and (D) Compliance with historic preservation re- (ii) a local elected official. ment under this subtitle shall be terminated. quirements. (2) TRANSMITTAL TO PRESIDENT.— SEC. 204. ACTIONS REGARDING INFRASTRUC- (A) IN GENERAL.—The Commission shall, not TURE AND FACILITIES OF THE VET- (b) MANAGEMENT AND DISPOSAL OF PROP- later than January 31, 2023, transmit to the ERANS HEALTH ADMINISTRATION. ERTY.— President a report containing the Commission’s (a) IN GENERAL.—Subject to subsection (b), (1) EXISTING DISPOSAL AUTHORITIES.—To findings and conclusions based on a review and the Secretary shall begin to implement the rec- transfer or dispose of surplus real property or analysis of the recommendations made by the ommended modernizations and realignments in infrastructure located at any facility of the Vet- Secretary, together with the Commission’s rec- the report under section 203(d) not later than erans Health Administration that is modernized ommendations, for modernizations and realign- three years after the date on which the Presi- or realigned under this title, the Secretary may ments of facilities of the Veterans Health Ad- dent transmits such report to Congress. In any exercise the authorities of the Secretary under ministration. fiscal year, such implementation includes— subchapters I and II of chapter 81 of title 38, (B) AUTHORITY TO MAKE CHANGES TO REC- (1) the planning of modernizations and re- United States Code, or the authorities delegated OMMENDATIONS.—Subject to subparagraph (C), alignments of facilities of the Veterans Health to the Secretary by the Administrator of General in making its recommendations, the Commission Administration as recommended in such report; Services under subchapter III of chapter 5 of may change any recommendation made by the and title 40, United States Code. Secretary if the Commission— (2) providing detailed information on the (2) EFFECTS ON LOCAL COMMUNITIES.— (i) determines that the Secretary deviated sub- budget for such modernizations or realignments (A) CONSULTATION WITH STATE AND LOCAL stantially from the final criteria referred to in in documents submitted to Congress by the Sec- GOVERNMENT.—Before any action may be taken subsection (a)(2) in making such recommenda- retary in support of the President’s budget for with respect to the disposal of any surplus real tion; that fiscal year. property or infrastructure located at any facil- (ii) determines that the change is consistent (b) CONGRESSIONAL DISAPPROVAL.— ity of the Veterans Health Administration to be with the final criteria referred to in subsection (1) IN GENERAL.—The Secretary may not carry closed or realigned under this subtitle, the Sec- (a)(2); out any modernization or realignment rec- retary of Veterans Affairs shall consult with the

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4031 Governor of the State and the heads of the local the provisions of the McKinney-Vento Homeless erty or facilities to be transferred, as determined governments concerned for the purpose of con- Assistance Act (42 U.S.C. 11301 et seq.) to facili- by the Secretary; or sidering any plan for the use of such property ties of the Veterans Health Administration (B) if such costs are lower than the fair mar- by the local community concerned. closed under this subtitle. ket value of the facility of the Veterans Health (B) TREATMENT OF ROADS.—If infrastructure (c) APPLICABILITY OF NATIONAL ENVIRON- Administration, the recipient of such transfer or a facility of the Veterans Health Administra- MENTAL POLICY ACT OF 1969.— agrees to pay the difference between the fair tion to be closed or realigned under this subtitle (1) IN GENERAL.—The provisions of the Na- market value and such costs. includes a road used for public access through, tional Environmental Policy Act of 1969 (42 (3) PAYMENT BY THE SECRETARY FOR CERTAIN into, or around the facility, the Secretary— U.S.C. 4321 et seq.) shall not apply to the ac- TRANSFERS.—In the case of a facility of the Vet- (i) shall consult with the Government of the tions of the President, the Commission, and, ex- erans Health Administration covered by a cer- State and the heads of the local governments cept as provided in paragraph (2), the Depart- tification under paragraph (2)(A), the Secretary concerned for the purpose of considering the ment of Veterans Affairs in carrying out this may pay the recipient of such facility an continued availability of the road for public use subtitle. amount equal to the lesser of— after the recommended action is complete; and (2) DEPARTMENT OF VETERANS AFFAIRS.— (A) the amount by which the costs incurred by (ii) may exercise the authority of the Sec- (A) COVERED ACTIVITIES.—The provisions of the recipient of the facility of the Veterans retary under section 8108 of title 38, United the National Environmental Policy Act of 1969 Health Administration for all environmental res- States Code. shall apply to actions of the Department of Vet- toration, waste, management, and environ- (3) LEASES; CERCLA.— erans Affairs under this subtitle— mental compliance activities with respect to (A) LEASE AUTHORITY.— (i) during the process of property disposal; such facility exceed the fair market value of (i) TRANSFER TO REDEVELOPMENT AUTHORITY and such property as specified in such certification; FOR LEASE.—The Secretary may transfer title to (ii) during the process of relocating functions or a facility of the Veterans Health Administration from a facility of the Veterans Health Adminis- (B) the amount by which the costs (as deter- approved for closure or realignment under this tration being closed or realigned to another fa- mined by the Secretary) that would otherwise subtitle (including property at a facility of the cility after the receiving facility has been se- have been incurred by the Secretary for such Veterans Health Administration approved for lected but before the functions are relocated. restoration, management, and activities with re- realignment which will be retained by the De- (B) OTHER ACTIVITIES.—In applying the provi- spect to such facility of the Veterans Health Ad- partment of Veterans Affairs or another Federal sions of the National Environmental Policy Act ministration exceed the fair market value of agency after realignment) to the redevelopment of 1969 to the processes referred to in subpara- property as so specified. authority for the facility if the redevelopment graph (A), the Secretary shall not have to con- (4) DISCLOSURE.—As part of an agreement authority agrees to lease, directly upon transfer, sider— under paragraph (1), the Secretary shall dis- one or more portions of the property transferred (i) the need for closing or realigning the facil- close to the person to whom the facility of the under this subparagraph to the Secretary or to ity of the Veterans Health Administration as Veterans Health Administration will be trans- the head of another department or agency of the recommended by the Commission; ferred any information of the Secretary regard- Federal Government. (ii) the need for transferring functions to any ing the environmental restoration, waste man- (ii) TERM OF LEASE.—A lease under clause (i) facility of the Veterans Health Administration agement, and environmental compliance activi- shall be for a term of not to exceed 50 years, but which has been selected as the receiving facility; ties described in paragraph (1) that relate to the may provide for options for renewal or extension or facility of the Veterans Health Administration. of the term by the department or agency con- (iii) facilities of the Veterans Health Adminis- The Secretary shall provide such information cerned. tration alternative to those recommended or se- before entering into the agreement. (iii) LIMITATION.—A lease under clause (i) lected. (5) APPLICABILITY OF CERTAIN ENVIRONMENTAL may not require rental payments by the United (d) WAIVER.— LAWS.—Nothing in this subsection shall be con- States. (1) RESTRICTIONS ON USE OF FUNDS.—The Sec- strued to modify, alter, or amend the Com- (iv) TREATMENT OF REMAINDERED LEASE retary may close or realign facilities of the Vet- prehensive Environmental Response, Compensa- TERMS.—A lease under clause (i) shall include a erans Health Administration under this subtitle tion, and Liability Act of 1980 (42 U.S.C. 9601 et provision specifying that if the department or without regard to any provision of law restrict- seq.) or the Solid Waste Disposal Act (42 U.S.C. agency concerned ceases requiring the use of the ing the use of funds for closing or realigning fa- 6901 et seq.). leased property before the expiration of the term cilities of the Veterans Health Administration SEC. 206. DEPARTMENT OF VETERANS AFFAIRS of the lease, the remainder of the lease term may included in any appropriation or authorization ASSET AND INFRASTRUCTURE RE- be satisfied by the same or another department Act. VIEW ACCOUNT. or agency of the Federal Government using the (2) RESTRICTIONS ON AUTHORITIES.—The Sec- (a) ESTABLISHMENT.—There is hereby estab- property for a use similar to the use under the retary may close or realign facilities of the Vet- lished in the ledgers of the Treasury an account lease. Exercise of the authority provided by this erans Health Administration under this subtitle to be known as the ‘‘Department of Veterans Af- clause shall be made in consultation with the re- without regard to the restrictions of section 8110 fairs Asset and Infrastructure Review Account’’ development authority concerned. of title 38, United States Code. which shall be administered by the Secretary as (v) FACILITY SERVICES.—Notwithstanding (e) TRANSFER AUTHORITY IN CONNECTION a single account. clause (iii), if a lease under clause (i) involves a WITH PAYMENT OF ENVIRONMENTAL REMEDI- (b) CREDITS TO ACCOUNT.—There shall be substantial portion of the facility, the depart- ATION COSTS.— credited to the Account the following: ment or agency concerned may obtain facility (1) IN GENERAL.— (1) Funds authorized for and appropriated to services for the leased property and common (A) TRANSFER BY DEED.—Subject to paragraph the Account. area maintenance from the redevelopment au- (2) of this subsection and section 120(h) of the (2) Proceeds received from the lease, transfer, thority or the redevelopment authority’s as- Comprehensive Environmental Response, Com- or disposal of any property at a facility of the signee as a provision of the lease. The facility pensation, and Liability Act of 1980 (42 U.S.C. Veterans Health Administration closed or re- services and common area maintenance shall be 9620(h)), the Secretary may enter into an agree- aligned under this subtitle. provided at a rate no higher than the rate ment to transfer by deed a facility of the Vet- (c) USE OF ACCOUNT.—The Secretary may use charged to non-Federal tenants of the trans- erans Health Administration with any person the funds in the Account only for the following ferred property. Facility services and common who agrees to perform all environmental res- purposes: area maintenance covered by the lease shall not toration, waste management, and environmental (1) To carry out this subtitle. include— compliance activities that are required for the (2) To cover property management and dis- (I) municipal services that a State or local property or facilities under Federal and State posal costs incurred at facilities of the Veterans government is required by law to provide to all laws, administrative decisions, agreements (in- Health Administration closed, modernized, or re- landowners in its jurisdiction without direct cluding schedules and milestones), and concur- aligned under this subtitle. charge; or rences. (3) To cover costs associated with supervision, (II) firefighting or security-guard functions. (B) ADDITIONAL TERMS OR CONDITIONS.—The inspection, overhead, engineering, and design of (B) APPLICATION OF CERCLA.—The provisions Secretary may require any additional terms and construction projects undertaken under this of section 120(h) of the Comprehensive Environ- conditions in connection with an agreement au- subtitle, and subsequent claims, if any, related mental Response, Compensation, and Liability thorized by subparagraph (A) as the Secretary to such activities. Act of 1980 (42 U.S.C. 9620(h)) shall apply to considers appropriate to protect the interests of (4) Other purposes that the Secretary deter- any transfer of real property under this para- the United States. mines support the mission and operations of the graph. (2) LIMITATION.—A transfer of a facility of the Department of Veterans Affairs. (C) ADDITIONAL TERMS AND CONDITIONS.—The Veterans Health Administration may be made (d) CONSOLIDATED BUDGET JUSTIFICATION DIS- Secretary may require any additional terms and under paragraph (1) only if the Secretary cer- PLAY FOR ACCOUNT.— conditions in connection with a transfer under tifies to Congress that— (1) CONSOLIDATED BUDGET INFORMATION RE- this paragraph as such Secretary considers ap- (A) the costs of all environmental restoration, QUIRED.—The Secretary shall establish a con- propriate to protect the interests of the United waste management, and environmental compli- solidated budget justification display in support States. ance activities otherwise to be paid by the Sec- of the Account that for each fiscal year— (4) APPLICATION OF MCKINNEY-VENTO HOME- retary with respect to the facility of the Vet- (A) details the amount and nature of credits LESS ASSISTANCE ACT.—Nothing in this subtitle erans Health Administration are equal to or to, and expenditures from, the Account during shall limit or otherwise affect the application of greater than the fair market value of the prop- the preceding fiscal year;

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 H4032 CONGRESSIONAL RECORD — HOUSE May 16, 2018 (B) separately details the environmental reme- tion to its adoption without intervening motion. ‘‘(i) the procedure in that House shall be the diation costs associated with facility of the Vet- The motion shall not be debatable. A motion to same as if no joint resolution had been received erans Health Administration for which a budget reconsider the vote by which the motion is dis- from the other House; but request is made; posed of shall not be in order. (ii) the vote on passage shall be on the joint (C) specifies the transfers into the Account (3) CONSIDERATION.—The joint resolution resolution of the other House.’’. and the purposes for which these transferred shall be considered as read. All points of order (2) TREATMENT OF JOINT RESOLUTION OF funds will be further obligated, to include care- against the joint resolution and against its con- OTHER HOUSE.—If the Senate fails to introduce taker and environment remediation costs associ- sideration are waived. The previous question or consider a joint resolution under this section, ated with each facility of the Veterans Health shall be considered as ordered on the joint reso- the joint resolution of the House shall be enti- Administration; and lution to its passage without intervening motion tled to expedited floor procedures under this sec- (D) details any intra-budget activity transfers except two hours of debate equally divided and tion. within the Account that exceeded $1,000,000 dur- controlled by the proponent and an opponent. A (3) TREATMENT OF COMPANION MEASURES.—If, ing the preceding fiscal year or that are promotion to reconsider the vote on passage of the following passage of the joint resolution in the posed for the next fiscal year and will exceed joint resolution shall not be in order. Senate, the Senate then receives the companion $1,000,000. (c) CONSIDERATION IN THE SENATE.— measure from the House of Representatives, the (2) SUBMISSION.—The Secretary shall include (1) REFERRAL.—A joint resolution introduced companion measure shall not be debatable. the information required by paragraph (1) in the in the Senate shall be referred to the Committee (f) RULES OF THE HOUSE OF REPRESENTATIVES materials that the Secretary submits to Congress on Veterans’ Affairs. AND SENATE.—This section is enacted by Con- in support of the budget for a fiscal year sub- (2) REPORTING AND DISCHARGE.—Any com- gress— mitted by the President pursuant to section 1105 mittee of the Senate to which a joint resolution (1) as an exercise of the rulemaking power of of title 31, United States Code. is referred shall report it to the Senate without the Senate and House of Representatives, re- (e) CLOSURE OF ACCOUNT; TREATMENT OF RE- amendment not later than 15 session days after spectively, and as such it is deemed a part of the MAINING FUNDS.— the date of introduction of a joint resolution de- rules of each House, respectively, but applicable (1) CLOSURE.—The Account shall be closed at scribed in subsection (a). If a committee fails to only with respect to the procedure to be followed the time and in the manner provided for appro- report the joint resolution within that period, in that House in the case of a joint resolution, priation accounts under section 1555 of title 31, the committee shall be discharged from further and it supersedes other rules only to the extent United States Code, except that unobligated consideration of the joint resolution and the that it is inconsistent with such rules; and funds which remain in the Account upon clo- joint resolution shall be placed on the calendar. (2) with full recognition of the constitutional sure shall be held by the Secretary of the Treas- (3) FLOOR CONSIDERATION.— right of either House to change the rules (so far ury until transferred to the Secretary of Vet- (A) IN GENERAL.—Notwithstanding Rule XXII as relating to the procedure of that House) at erans Affairs by law after the Committees on of the Standing Rules of the Senate, it is in any time, in the same manner, and to the same Veterans’ Affairs of the Senate and the House of order at any time after the third session day on extent as in the case of any other rule of that Representatives receive the final report trans- which the Committee on Veterans’ Affairs has House. reported or has been discharged from consider- mitted under paragraph (2). SEC. 208. OTHER MATTERS. (2) FINAL REPORT.—No later than 60 days ation of a joint resolution described in sub- (a) ONLINE PUBLICATION OF COMMUNICA- after the closure of the Account under para- section (a) (even though a previous motion to TIONS.— graph (1), the Secretary shall transmit to the the same effect has been disagreed to) to move to (1) IN GENERAL.—Not later than 24 hours after Committees on Veterans’ Affairs of the Senate proceed to the consideration of the joint resolu- the transmission or receipt of any communica- and the House of Representatives and the Com- tion, and all points of order against the joint tion under this subtitle that is transmitted or re- mittees on Appropriations of the House of Rep- resolution (and against consideration of the ceived by a party specified in paragraph (2), the resentatives and the Senate a report containing joint resolution) are waived. The motion to pro- Secretary of Veterans Affairs shall publish such an accounting of— ceed is not debatable. The motion is not subject communication online. (A) all the funds credited to and expended to a motion to postpone. A motion to reconsider (2) PARTIES SPECIFIED.—The parties specified from the Account or otherwise expended under the vote by which the motion is agreed to or dis- under this paragraph are the following: this subtitle; and agreed to shall not be in order. If a motion to (A) The Secretary of Veterans Affairs. (B) any funds remaining in the Account. proceed to the consideration of the resolution is (B) The Commission. SEC. 207. CONGRESSIONAL CONSIDERATION OF agreed to, the joint resolution shall remain the (C) The President. COMMISSION REPORT. unfinished business until disposed of. (b) CONTINUATION OF EXISTING CONSTRUCTION (a) DISAPPROVAL RESOLUTION.—For purposes (B) CONSIDERATION.—Consideration of the PROJECTS AND PLANNING.—During activities of this subtitle, the term ‘‘joint resolution’’ joint resolution, and on all debatable motions that the Commission, President, or Congress means only a joint resolution which is intro- and appeals in connection therewith, shall be carry out under this subtitle, the Secretary of duced within the 5-day period beginning on the limited to not more than 2 hours, which shall be Veterans Affairs may not stop, solely because of date on which the President transmits the report divided equally between the majority and minor- such activities— to the Congress under section 203(d), and— ity leaders or their designees. A motion further (1) a construction or leasing project of the (1) which does not have a preamble; to limit debate is in order and not debatable. An Veterans Health Administration; (2) the matter after the resolving clause of amendment to, or a motion to postpone, or a mo- (2) long term planning regarding infrastruc- which is as follows: ‘‘that Congress disapproves tion to proceed to the consideration of other ture and assets of the Veterans Health Adminis- the recommendations of the VHA Asset and In- business, or a motion to recommit the joint reso- frastructure Review Commission as submitted by tration; or lution is not in order. (3) budgetary processes for the Veterans the President on lll’’, the blank space being (C) VOTE ON PASSAGE.—If the Senate has Health Administration. filled with the appropriate date; and voted to proceed to a joint resolution, the vote (c) RECOMMENDATIONS FOR FUTURE ASSET RE- (3) the title of which is as follows: ‘‘Joint reso- on passage of the joint resolution shall occur VIEWS.—The Secretary of Veterans Affairs may, lution disapproving the recommendations of the immediately following the conclusion of consid- after consulting with veterans service organiza- VHA Asset and Infrastructure Review Commis- eration of the joint resolution, and a single tions, include in budget submissions the Sec- sion.’’. quorum call at the conclusion of the debate if retary submits after the termination of the Com- (b) CONSIDERATION IN THE HOUSE OF REP- requested in accordance with the rules of the mission recommendations for future such com- RESENTATIVES.— Senate. missions or other capital asset realignment and (1) REPORTING AND DISCHARGE.—Any com- (D) RULINGS OF THE CHAIR ON PROCEDURE.— management processes. mittee of the House of Representatives to which Appeals from the decisions of the Chair relating a joint resolution is referred shall report it to to the application of the rules of the Senate, as SEC. 209. DEFINITIONS. the House without amendment not later than 15 the case may be, to the procedure relating to a In this subtitle: legislative days after the date of introduction joint resolution shall be decided without debate. (1) The term ‘‘Account’’ means the Depart- thereof. If a committee fails to report the joint (d) AMENDMENT NOT IN ORDER.—A joint reso- ment of Veterans Affairs Asset and Infrastruc- resolution within that period, the committee lution of disapproval considered pursuant to ture Review Account established by section shall be discharged from further consideration this section shall not be subject to amendment in 206(a). of the joint resolution. either the House of Representatives or the Sen- (2) The term ‘‘Commission’’ means the Com- (2) PROCEEDING TO CONSIDERATION.—It shall ate. mission established by section 202. be in order at any time after the third legislative (e) COORDINATION WITH ACTION BY OTHER (3) The term ‘‘date of approval’’, with respect day after each committee authorized to consider HOUSE.— to a modernization or realignment of a facility a joint resolution has reported or has been dis- ‘‘(1) IN GENERAL.—If, before the passage by of the Veterans Health Administration, means charged from consideration of a joint resolution, one House of the joint resolution of that House, the date on which the authority of Congress to to move to proceed to consider the joint resolu- that House receives the joint resolution from the disapprove a recommendation of modernization tion in the House. All points of order against other House, then the following procedures shall or realignment, as the case may be, of such fa- the motion are waived. Such a motion shall not apply: cility under this subtitle expires. be in order after the House has disposed of a ‘‘(A) The joint resolution of the other House (4) The term ‘‘facility of the Veterans Health motion to proceed on a joint resolution address- shall not be referred to a committee. Administration’’— ing a particular submission. The previous ques- ‘‘(B) With respect to the joint resolution of the (A) means any land, building, structure, or tion shall be considered as ordered on the mo- House receiving the joint resolution— infrastructure (including any medical center,

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4033 nursing home, domiciliary facility, outpatient cation program under paragraph (1), the Sec- (D) Geriatric services. clinic, center that provides readjustment coun- retary shall use as models existing training cur- (2) The feasibility of establishing a commu- seling, or leased facility) that is— ricula and certification programs that have been nity-based outpatient clinic of the Department (i) under the jurisdiction of the Department of established under chapter 87 of title 10, United in any Pacific territory that does not contain Veterans Affairs; States Code, as determined relevant by the Sec- such a facility. (ii) under the control of the Veterans Health retary. (c) DEFINITION.—In this section, the term Administration; and ‘‘(2) The Secretary may develop the training ‘‘Pacific territories’’ means American Samoa, (iii) not under the control of the General Serv- curriculum under paragraph (1)(A) in a manner Guam, and the Northern Mariana Islands. ices Administration; or that provides such training in any combination TITLE III—IMPROVEMENTS TO RECRUIT- (B) with respect to a colocated facility of the of— MENT OF HEALTH CARE PROFES- Department of Veterans Affairs, includes any ‘‘(A) training provided in person; SIONALS land, building, or structure— ‘‘(B) training provided over an internet SEC. 301. DESIGNATED SCHOLARSHIPS FOR PHY- (i) under the jurisdiction of the Department of website; or SICIANS AND DENTISTS UNDER DE- Veterans Affairs; ‘‘(C) training provided by another department PARTMENT OF VETERANS AFFAIRS (ii) under the control of another administra- or agency of the Federal Government. HEALTH PROFESSIONAL SCHOLAR- tion of the Department of Veterans Affairs; and ‘‘(3) The Secretary may develop the certifi- SHIP PROGRAM. (iii) not under the control of the General Serv- cation program under paragraph (1)(A) in a (a) SCHOLARSHIPS FOR PHYSICIANS AND DEN- ices Administration. manner that uses— TISTS.—Section 7612(b) of title 38, United States (5) The term ‘‘infrastructure’’ means improve- ‘‘(A) one level of certification; or Code, is amended by adding at the end the fol- ments to land other than buildings or struc- ‘‘(B) more than one level of certification, as lowing new paragraph: tures. determined appropriate by the Secretary with ‘‘(6)(A) Of the scholarships awarded under (6) The term ‘‘modernization’’ includes— respect to the level of certification for different this subchapter, the Secretary shall ensure that (A) any action, including closure, required to grades of the General Schedule. not less than 50 scholarships are awarded each align the form and function of a facility of the ‘‘(4) The Secretary may enter into a contract year to individuals who are accepted for enroll- Veterans Health Administration to the provision with an appropriate entity to provide the cov- ment or enrolled (as described in section 7602 of of modern day health care, including utilities ered training curriculum and the covered certifi- this title) in a program of education or training and environmental control systems; cation program under paragraph (1)(A). leading to employment as a physician or dentist (B) the construction, purchase, lease, or shar- ‘‘(5)(A) Not later than September 30 of the sec- until such date as the Secretary determines that ing of a facility of the Veterans Health Adminis- ond fiscal year following the fiscal year during the staffing shortage of physicians and dentists tration; and which the VA Asset and Infrastructure Review in the Department is less than 500. (C) realignments, disposals, exchanges, col- Act of 2018 is enacted, the Secretary shall ensure ‘‘(B) After such date, the Secretary shall en- laborations between the Department of Veterans that the majority of employees subject to the sure that of the scholarships awarded under Affairs and other Federal entities, and strategic covered certification program achieve the certifi- this subchapter, a number of scholarships is collaborations between the Department and cation or the appropriate level of certification awarded each year to individuals referred to in non-Federal entities, including tribal organiza- pursuant to paragraph (3), as the case may be. subparagraph (A) in an amount equal to not tions. ‘‘(B) After carrying out subparagraph (A), the less than ten percent of the staffing shortage of (7) The term ‘‘realignment’’, with respect to a Secretary shall ensure that each employee sub- physicians and dentists in the Department, as facility of the Veterans Health Administration, ject to the covered certification program determined by the Secretary. includes— achieves the certification or the appropriate ‘‘(C) Notwithstanding subsection (c)(1), the (A) any action that changes the numbers of or level of certification pursuant to paragraph (3), agreement between the Secretary and a partici- relocates services, functions, and personnel posi- as the case may be, as quickly as practicable. pant in the Scholarship Program who receives a tions; ‘‘(6) In this subsection: scholarship pursuant to this paragraph shall (B) disposals or exchanges between the De- ‘‘(A) The term ‘covered certification program’ provide the following: partment of Veterans Affairs and other Federal means, with respect to employees of the Depart- ‘‘(i) The Secretary’s agreement to provide the entities, including the Department of Defense; ment of Veterans Affairs who are members of oc- participant with a scholarship under this sub- and cupational series relating to construction or fa- chapter for a specified number (from two to (C) strategic collaborations between the De- cilities management, or employees of the Depart- four) of school years during which the partici- partment of Veterans Affairs and non-Federal ment who award or administer contracts for pant is pursuing a course of education or train- entities, including tribal organizations. major construction, minor construction, or non- ing leading to employment as a physician or (8) The term ‘‘redevelopment authority’’, in recurring maintenance, including as contract dentist. the case of a facility of the Veterans Health Ad- specialists or contracting officers’ representa- ‘‘(ii) The participant’s agreement to serve as a ministration closed or modernized under this tives, a program to certify knowledge and skills full-time employee in the Veterans Health Ad- subtitle, means any entity (including an entity relating to construction or facilities management ministration for a period of time (hereinafter in established by a State or local government) rec- and to ensure that such employees maintain this subchapter referred to as the ‘period of obli- ognized by the Secretary of Veterans Affairs as adequate expertise relating to industry stand- gated service’) of 18 months for each school year the entity responsible for developing the redevel- ards and best practices for the acquisition of de- or part thereof for which the participant was opment plan with respect to the facility or for sign and construction services. provided a scholarship under the Scholarship directing the implementation of such plan. ‘‘(B) The term ‘covered training curriculum’ Program. (9) The term ‘‘redevelopment plan’’ in the case means, with respect to employees specified in ‘‘(D) In providing scholarships pursuant to of a facility of the Veterans Health Administra- subparagraph (A), a training curriculum relat- this paragraph, the Secretary may provide a tion to be closed or realigned under this subtitle, ing to construction or facilities management.’’. preference for applicants who are veterans. means a plan that— ‘‘(E) On an annual basis, the Secretary shall (A) is agreed to by the local redevelopment au- SEC. 212. REVIEW OF ENHANCED USE LEASES. provide to appropriate educational institutions thority with respect to the facility; and Section 8162(b)(6) is amended to read as fol- informational material about the availability of (B) provides for the reuse or redevelopment of lows: scholarships under this paragraph.’’. ‘‘(6) The Office of Management and Budget the real property and personal property of the (b) BREACH OF AGREEMENT.—Section 7617 of facility that is available for such reuse and re- shall review each enhanced-use lease before the such title is amended— development as a result of the closure or release goes into effect to determine whether the (1) by redesignating paragraphs (4) and (5) as alignment of the facility. lease is in compliance with paragraph (5).’’. paragraphs (5) and (6), respectively; and (10) The term ‘‘Secretary’’ means the Sec- SEC. 213. ASSESSMENT OF HEALTH CARE FUR- (2) by inserting after paragraph (3) the fol- retary of Veterans Affairs. NISHED BY THE DEPARTMENT TO lowing new paragraph (4): (11) The term ‘‘tribal organization’’ has the VETERANS WHO LIVE IN THE PA- ‘‘(4) In the case of a participant who is en- CIFIC TERRITORIES. meaning given such term in section 3765 of title rolled in a program or education or training (a) IN GENERAL.—Not later than 180 days 38, United States Code. leading to employment as a physician, the par- after the date of the enactment of this Act, the Subtitle B—Other Infrastructure Matters ticipant fails to successfully complete post-grad- Secretary of Veterans Affairs shall submit to the uate training leading to eligibility for board cer- SEC. 211. IMPROVEMENT TO TRAINING OF CON- Committees on Veterans’ Affairs of the Senate tification in a specialty.’’. STRUCTION PERSONNEL. and the House of Representatives a report re- (c) EXTENSION OF PROGRAM.—Section 7619 of Subsection (g) of section 8103 of title 38, garding health care furnished by the Depart- such title is amended by striking ‘‘December 31, United States Code, is amended to read as fol- ment of Veterans Affairs to veterans who live in 2019’’ and inserting ‘‘December 31, 2033’’. lows: the Pacific territories. ‘‘(g)(1)(A) Not later than September 30 of the SEC. 302. INCREASE IN MAXIMUM AMOUNT OF (b) ELEMENTS.—The report under subsection DEBT THAT MAY BE REDUCED fiscal year following the fiscal year during (a) shall include assessments of the following: UNDER EDUCATION DEBT REDUC- which the VA Asset and Infrastructure Review (1) The ability of the Department to furnish to TION PROGRAM OF DEPARTMENT OF Act of 2018 is enacted, the Secretary shall imple- veterans who live in the Pacific territories the VETERANS AFFAIRS. ment the covered training curriculum and the following: (a) INCREASE IN AMOUNT.—Section 7683(d)(1) covered certification program. (A) Hospital care. is amended— ‘‘(B) In designing and implementing the cov- (B) Medical services. (1) by striking ‘‘$120,000’’ and inserting ered training curriculum and the covered certifi- (C) Mental health services. ‘‘$200,000’’; and

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 H4034 CONGRESSIONAL RECORD — HOUSE May 16, 2018 (2) by striking ‘‘$24,000’’ and inserting ‘‘(A) located in rural areas; case later than 60 days after completion of such ‘‘$40,000’’. ‘‘(B) operated by Indian tribes, tribal organi- fellowship. (b) STUDY.— zations, or the Indian Health Service; or ‘‘(c) PENALTY.—(1) An employee who does not (1) IN GENERAL.—Not later than one year after ‘‘(C) affiliated with underserved health care complete a period of obligated service under this the date of the enactment of this Act, the Sec- facilities of the Department. section shall owe the Federal Government an retary of Veterans Affairs shall— ‘‘(2) Veterans. amount determined in accordance with the fol- (A) conduct a study on the demand for edu- ‘‘(c) COVERED COSTS.—For purposes of sub- lowing formula: A = B × ((T ¥ S) ÷ T)). cation debt reduction under subchapter VII of section (a)(2), costs relating to a course of edu- ‘‘(2) In the formula in paragraph (1): chapter 76 of title 38, United States Code; and cation or training include— ‘‘(A) ‘A’ is the amount the employee owes the (B) submit to the Committee on Veterans’ Af- ‘‘(1) tuition expenses; Federal Government. fairs of the Senate and the Committee on Vet- ‘‘(2) all other reasonable educational ex- ‘‘(B) ‘B’ is the sum of all payments to or for erans’ Affairs of the House of Representatives a penses, including expenses for fees, books, the participant under the Specialty Education report on the findings of the Secretary with re- equipment, and laboratory expenses; and Loan Repayment Program. spect to the study carried out under subpara- ‘‘(3) reasonable living expenses. ‘‘(C) ‘T’ is the number of months in the period graph (A). ‘‘§ 7694. Specialty education loan repayment of obligated service of the employee. (2) CONSIDERATIONS.—In carrying out the ‘‘(D) ‘S’ is the number of whole months of study required by paragraph (1)(A), the Sec- ‘‘(a) IN GENERAL.—Payments under the Spe- cialty Education Loan Repayment Program such period of obligated service served by the retary shall consider the following: employee. (A) The total number of vacancies within the shall consist of payments for the principal and Veterans Health Administration whose appli- interest on loans described in section 7682(a)(2) ‘‘§ 7697. Relationship to Educational Assist- cants are eligible to participate in the Education of this title for individuals selected to partici- ance Program Debt Reduction Program pursuant to section pate in the Program to the holders of such ‘‘Assistance under the Specialty Education 7682(a) of such title. loans. Loan Repayment Program may be in addition to (B) The types of medical professionals in ‘‘(b) FREQUENCY OF PAYMENT.—The Secretary other assistance available to individuals under greatest demand in the United States. shall make payments for any given participant the Educational Assistance Program.’’. (C) Projections by the Secretary of the num- in the Specialty Education Loan Repayment (b) CONFORMING AND TECHNICAL AMEND- bers and types of medical professions that meet Program on a schedule determined appropriate MENTS.— the needs of veterans. by the Secretary. (1) CONFORMING AMENDMENTS.— SEC. 303. ESTABLISHING THE DEPARTMENT OF ‘‘(c) MAXIMUM AMOUNT; WAIVER.—(1) The (A) Section 7601(a) of title 38, United States VETERANS AFFAIRS SPECIALTY EDU- amount of payments made for a participant Code, is amended— CATION LOAN REPAYMENT PRO- under the Specialty Education Loan Repayment (i) in paragraph (4), by striking ‘‘and’’; GRAM. Program may not exceed $160,000 over a total of (ii) in paragraph (5), by striking the period (a) IN GENERAL.—Chapter 76 of title 38, four years of participation in the Program, of and inserting ‘‘; and’’; and United States Code, is amended by inserting which not more than $40,000 of such payments (iii) by adding at the end the following new after subchapter VII the following new sub- may be made in each year of participation in paragraph: chapter: the Program. ‘‘(6) the specialty education loan repayment ‘‘SUBCHAPTER VIII—SPECIALTY ‘‘(2)(A) The Secretary may waive the limita- program provided for in subchapter VIII of this EDUCATION LOAN REPAYMENT PROGRAM tions under paragraph (1) in the case of a par- chapter.’’. ‘‘§ 7691. Establishment ticipant described in subparagraph (B). In the (B) Section 7603(a)(1) of title 38, United States case of such a waiver, the total amount of pay- ‘‘As part of the Educational Assistance Pro- Code, is amended by striking ‘‘or VI’’ and in- ments payable to or for that participant is the gram, the Secretary may carry out a student serting ‘‘VI, or VIII’’. total amount of the principal and the interest loan repayment program under section 5379 of (C) Section 7604 of title 38, United States on the participant’s loans referred to in subtitle 5. The program shall be known as the De- Code, is amended by striking ‘‘or VI’’ each place section (a). partment of Veterans Affairs Specialty Edu- it appears and inserting ‘‘VI, or VIII’’. ‘‘(B) A participant described in this subpara- cation Loan Repayment Program (in this chap- (D) Section 7631 of title 38, United States graph is a participant in the Program who the ter referred to as the ‘Specialty Education Loan Code, is amended— Secretary determines serves in a position for Repayment Program’). (i) in subsection (a)(1)— which there is a shortage of qualified employees ‘‘§ 7692. Purpose (I) by striking ‘‘and’’ after ‘‘scholarship by reason of either the location or the require- amount,’’; and ‘‘The purpose of the Specialty Education ments of the position. (II) by inserting ‘‘, and the maximum specialty Loan Repayment Program is to assist, through ‘‘§ 7695. Choice of location education loan repayment amount’’ after ‘‘re- the establishment of an incentive program for duction payments amount’’; and certain individuals employed in the Veterans ‘‘Each participant in the Specialty Education (ii) in subsection (b) by adding at the end the Health Administration, in meeting the staffing Loan Repayment Program who completes resi- following new paragraph: needs of the Veterans Health Administration for dency may select, from a list of medical facilities ‘‘(7) The term ‘specialty education loan repay- physicians in medical specialties for which the of the Veterans Health Administration provided ment amount’ means the maximum amount of Secretary determines recruitment or retention of by the Secretary, at which such facility the par- specialty education loan repayment payments qualified personnel is difficult. ticipant will work in a medical specialty described in section 7692 of this title. payable to or for a participant in the Depart- ‘‘§ 7693. Eligibility; preferences; covered costs ‘‘§ 7696. Term of obligated service ment of Veterans Affairs Specialty Education ‘‘(a) ELIGIBILITY.—An individual is eligible to Loan Repayment Program under subchapter ‘‘(a) IN GENERAL.—In addition to any require- participate in the Specialty Education Loan Re- VIII of this chapter, as specified in section ments under section 5379(c) of title 5, a partici- payment Program if the individual— 7694(c)(1) of this title and as previously adjusted pant in the Specialty Education Loan Repay- ‘‘(1) is hired under section 7401 of this title to (if at all) in accordance with this section.’’. ment Program must agree, in writing and before work in an occupation described in section 7692 (E) Section 7632 of title 38, United States the Secretary may make any payment to or for of this title; Code, is amended— the participant, to— ‘‘(2) owes any amount of principal or interest (i) in paragraph (1), by striking ‘‘and the ‘‘(1) obtain a license to practice medicine in a under a loan, the proceeds of which were used Education Debt Reduction Program’’ and insert- State; by or on behalf of that individual to pay costs ing ‘‘the Education Debt Reduction Program, ‘‘(2) successfully complete post-graduate relating to a course of education or training and the Specialty Education Loan Repayment training leading to eligibility for board certifi- which led to a degree that qualified the indi- Program’’; and cation in a specialty; vidual for the position referred to in paragraph (ii) in paragraph (4), by striking ‘‘and per ‘‘(3) serve as a full-time clinical practice em- (1); and participant in the Education Debt Reduction ployee of the Veterans Health Administration ‘‘(3) is— Program’’ and inserting ‘‘per participant in the for 12 months for every $40,000 in such benefits ‘‘(A) recently graduated from an accredited Education Debt Reduction Program, and per that the employee receives, but in no case for medical or osteopathic school and matched to an participant in the Specialty Education Loan Re- fewer than 24 months; and accredited residency program in a medical spe- payment Program’’. ‘‘(4) except as provided in subsection (b), to cialty described in section 7692 of this title; or (2) TABLE OF SECTIONS.—The table of sections begin such service as a full-time practice em- ‘‘(B) a physician in training in a medical spe- at the beginning of chapter 76 of such title is ployee by not later than 60 days after com- cialty described in section 7692 of this title with amended by inserting after the items relating to pleting a residency. more than two years remaining in such training. subchapter VII the following: ‘‘(b) PREFERENCES.—In selecting individuals ‘‘(b) FELLOWSHIP.—In the case of a partici- for participation in the Specialty Education pant who receives an accredited fellowship in a ‘‘SUBCHAPTER VIII—SPECIALTY EDUCATION LOAN Loan Repayment Program under this sub- medical specialty other than a medical specialty REPAYMENT PROGRAM chapter, the Secretary may give preference to described in section 7692 of this title, the Sec- ‘‘7691. Establishment. the following: retary, on written request of the participant, ‘‘7692. Purpose. ‘‘(1) Individuals who are, or will be, partici- may delay the term of obligated service under ‘‘7693. Eligibility; preferences; covered costs. pating in residency programs in health care fa- subsection (a) for the participant until after the ‘‘7694. Specialty education loan repayment. cilities— participant completes the fellowship, but in no ‘‘7695. Choice of location.

VerDate Sep 11 2014 07:14 May 17, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 6343 E:\CR\FM\A16MY7.028 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4035 ‘‘7696. Term of obligated service. (D) two away rotations performed during the (2) in paragraph (2), by striking ‘‘7697. Relationship to Educational Assistance fourth year at a Department of Veterans Affairs ‘‘$225,000,000’’ and inserting ‘‘$290,000,000, of Program.’’. medical facility; and which not less than $20,000,000 shall be for re- (c) NEEDS OF THE VHA.—In making deter- (E) a monthly stipend for the four-year period cruitment, relocation, and retention bonuses’’. minations each year under section 7692 of title during which the veteran is enrolled in medical SEC. 306. INCLUSION OF VET CENTER EMPLOY- 38, United States Code, as enacted by subsection school in an amount to be determined by the EES IN EDUCATION DEBT REDUC- (a), the Secretary of Veterans Affairs shall con- Secretary. TION PROGRAM OF DEPARTMENT OF sider the anticipated needs of the Veterans (3) DISTRIBUTION OF FUNDING.—In the event VETERANS AFFAIRS. Health Administration during the period two to that two or more eligible veterans do not apply (a) IN GENERAL.—The Secretary of Veterans six years in the future. for admission at one of the covered medical Affairs shall ensure that clinical staff working (d) PREFERENCE.—In granting preference schools for the entering class of 2019, the Sec- at Vet Centers are eligible to participate in the under section 7693 of title 38, United States retary shall distribute the available funding to Education Debt Reduction Program of the De- Code, as enacted by subsection (a), the Sec- eligible veterans who applied for admission at partment of Veterans Affairs under subchapter retary of Veterans Affairs shall determine other covered medical schools. VII of chapter 76 of title 38, United States Code. whether a facility of the Department is under- (d) AGREEMENT.— (b) REPORT.—Not later than one year after served based on the criteria developed under (1) TERMS OF AGREEMENT.—Each eligible vet- the date of the enactment of this Act, the Sec- section 401 of this Act. eran who accepts funding for medical education retary shall submit to the Committee on Vet- (e) OFFER DEADLINE.—In the case of an appli- under this section shall enter into an agreement erans’ Affairs of the Senate and the Committee cant who applies before receiving a residency with the Secretary that provides that the vet- on Veterans’ Affairs of the House of Representa- match and whom the Secretary of Veterans Af- eran agrees— tives a report on the number of participants in fairs selects for participation in the Specialty (A) to maintain enrollment and attendance in the Education Debt Reduction Program of the Education Loan Repayment Program estab- the medical school; Department under such subchapter who work at lished by subsection (a), the Secretary shall (B) while enrolled in such medical school, to Vet Centers. offer participation to the applicant not later maintain an acceptable level of academic stand- (c) VET CENTER DEFINED.—In this section, the than 28 days after— ing (as determined by the medical school under term ‘‘Vet Center’’ has the meaning given that (1) the applicant matches with a residency in regulations prescribed by the Secretary); term in section 1712A(h) of title 38, United a medical specialty described in section 7692 of (C) to complete post-graduate training leading States Code. title 38, United States Code, as enacted by sub- to eligibility for board certification in a spe- TITLE IV—HEALTH CARE IN section (a); and ciality applicable to the Department of Veterans UNDERSERVED AREAS (2) such match is published. Affairs, as determined by the Secretary; (D) after completion of medical school, to ob- SEC. 401. DEVELOPMENT OF CRITERIA FOR DES- (f) PUBLICITY.—The Secretary of Veterans Af- IGNATION OF CERTAIN MEDICAL FA- fairs shall take such steps as the Secretary detain a license to practice medicine in a State; CILITIES OF THE DEPARTMENT OF termines are appropriate to publicize the Spe- and VETERANS AFFAIRS AS UNDER- cialty Education Loan Repayment Program es- (E) after completion of medical school and SERVED FACILITIES AND PLAN TO tablished under subchapter VIII of chapter 76 of post-graduate training, to serve as a full-time ADDRESS PROBLEM OF UNDER- SERVED FACILITIES. title 38, United States Code, as enacted by sub- clinical practice employee in the Veterans (a) IN GENERAL.—Not later than 180 days section (a). Health Administration for a period of four years. after the date of the enactment of this Act, the SEC. 304. VETERANS HEALING VETERANS MED- (2) BREACH OF AGREEMENT.—If an eligible vet- Secretary of Veterans Affairs shall develop cri- ICAL ACCESS AND SCHOLARSHIP PROGRAM. eran who accepts funding under this section teria to designate medical centers, ambulatory breaches the terms of the agreement described in care facilities, and community based outpatient (a) ESTABLISHMENT.—The Secretary of Vet- erans Affairs, acting through the Office of Aca- paragraph (1), the United States shall be enti- clinics of the Department of Veterans Affairs as demic Affiliations of the Department of Veterans tled to recover damages in an amount equal to underserved facilities. (b) CONSIDERATION.—Criteria developed under Affairs, shall carry out a pilot program under the total amount of such funding received by subsection (a) shall include consideration of the which the Secretary shall provide funding for the veteran. (e) RULE OF CONSTRUCTION.—Nothing in this following with respect to a facility: the medical education of a total of 18 eligible section shall be construed to prevent any cov- (1) The ratio of veterans to health care pro- veterans. Such funding shall be provided for ered medical school from accepting more than viders of the Department of Veterans Affairs for two veterans enrolled in each covered medical two eligible veterans for the entering class of a standardized geographic area surrounding the schools in accordance with this section. 2019. facility, including a separate ratio for general (b) ELIGIBLE VETERANS.—To be eligible to re- (f) REPORT TO CONGRESS.—Not later than De- practitioners and specialists. ceive funding for medical education under this cember 31, 2020, and annually thereafter for the (2) The range of clinical specialties covered by section, a veteran shall— subsequent three years, the Secretary shall sub- such providers in such area. (1) have been discharged from the Armed mit to Congress a report on the pilot program (3) Whether the local community is medically Forces not more than ten years before the date under this section. Such report shall include the underserved. of application for admission to a covered med- evaluation of the Secretary of the success of the (4) The type, number, and age of open ical school; pilot program, including the number of veterans consults. (2) not be entitled to educational assistance who received funding under the program who (5) Whether the facility is meeting the wait- under chapter 30, 31, 32, 33, 34, or 35 of title 38, matriculated and an evaluation of the academic time goals of the Department. United States Code, or chapter 1606 or 1607 of progress of such veterans. (6) Such other criteria as the Secretary con- title 10, United States Code; (g) COVERED MEDICAL SCHOOLS.—In this sec- siders important in determining which facilities (3) apply for admission to a covered medical tion, the term ‘‘covered medical school’’ means are not adequately serving area veterans. school for the entering class of 2019; any of the following. (c) ANALYSIS OF FACILITIES.—Not less fre- (4) indicate on such application for admission (1) The Teague-Cranston medical schools, quently than annually, directors of Veterans In- that the veteran would like to be considered for consisting of— tegrated Service Networks of the Department an award of funding under this section; (A) Texas A&M College of Medicine; shall perform an analysis to determine which (5) meet the minimum admissions criteria for (B) Quillen College of Medicine at East Ten- facilities within that Veterans Integrated Serv- the covered medical school to which the veteran nessee State University; ice Network qualify as underserved facilities applies; and (C) Boonshoft School of Medicine at Wright pursuant to criteria developed under subsection (6) enter into an agreement described in sub- State University; (a). section (e). (D) Joan C. Edwards School of Medicine at (d) ANNUAL PLAN TO ADDRESS UNDERSERVED (c) AWARD OF FUNDING.— Marshall University; and FACILITIES.— (1) IN GENERAL.—Each covered medical school (E) University of South Carolina School of (1) PLAN REQUIRED.—Not later than one year that opts to participate in the program under Medicine. after the date of the enactment of this Act and this section shall reserve two seats in the enter- (2) Charles R Drew University of Medicine not less frequently than once each year, the Sec- ing class of 2019 for eligible veterans who receive and Science. retary shall submit to Congress a plan to ad- funding under such program. Such funding (3) Howard University College of Medicine. dress the problem of underserved facilities of the shall be awarded to the two eligible veterans (4) Meharry Medical College. Department, as designated pursuant to criteria with the highest admissions rankings for such (5) Morehouse School of Medicine. developed under subsection (a). class at such school. SEC. 305. BONUSES FOR RECRUITMENT, RELOCA- (2) CONTENTS.—Each plan submitted under (2) AMOUNT OF FUNDING.—Each eligible vet- TION, AND RETENTION. paragraph (1) shall address the following: eran who receives funding under this section Section 705(a) of the Veterans Access, Choice, (A) Increasing personnel or temporary per- shall receive an amount equal to the actual cost and Accountability Act of 2014 (Public Law 113– sonnel assistance, including mobile deployment of— 146; 38 U.S.C. 703 note) is amended— teams furnished under section 407 of this Act. (A) tuition at the covered medical school at (1) in paragraph (1), by striking (B) Providing special hiring incentives, in- which the veteran enrolls for four years; ‘‘$230,000,000’’ and inserting ‘‘$250,000,000, of cluding under the Education Debt Reduction (B) books, fees, and technical equipment; which not less than $20,000,000 shall be for re- Program under subchapter VII of chapter 76 of (C) fees associated with the National Resi- cruitment, relocation, and retention bonuses’’; title 38, United States Code, and recruitment, re- dency Match Program; and location, and retention incentives.

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(C) Using direct hiring authority. (4) PARAMETERS FOR LOCATION, AFFILIATE scribed in subsection (a)(1) under the pilot pro- (D) Improving training opportunities for staff. SPONSOR, AND DURATION.—When determining in gram. (E) Such other actions as the Secretary con- which covered facilities to place residents under (F) The number of clinical appointments for siders appropriate. paragraph (1), the Secretary shall consider the veterans expressed as a percentage of all clinical SEC. 402. PILOT PROGRAM TO FURNISH MOBILE extent to which there is a clinical need for pro- appointments conducted by residents under the DEPLOYMENT TEAMS TO UNDER- viders in an area, as determined by the fol- pilot program. SERVED FACILITIES. lowing: (G) The number of positions described in sub- (a) IN GENERAL.—The Secretary of Veterans (A) The ratio of veterans to health care pro- section (a)(1) at each covered facility under the Affairs shall carry out a pilot program to fur- viders of the Department for a standardized geo- pilot program. nish mobile deployment teams of medical per- graphic area surrounding a facility, including a (H) For each position described in subsection sonnel to underserved facilities. separate ratio for general practitioners and spe- (a)(1) in a residency program affiliated with a (b) ELEMENTS.—In furnishing mobile deploy- cialists. health care facility of the Department, the time ment teams under subsection (a), the Secretary (B) The range of clinical specialties of pro- a resident under the pilot program spent train- shall consider the following elements: viders in standardized geographic areas suring at that facility of the Department, expressed (1) The medical positions of greatest need at rounding a facility. as a percentage of the total training time for underserved facilities. (C) Whether the specialty of a provider is in- that resident position. (2) The size and composition of teams to be de- cluded in the most recent staffing shortage de- (I) For each residency program affiliated with ployed. termination of the Department under section a health care facility of the Department, the (3) Such other elements as the Secretary con- 7412 of title 38, United States Code. time all residents under the pilot program spent siders necessary for effective oversight of the (D) Whether the local community is des- training at that facility of the Department, ex- program established under subsection (a). ignated by the Secretary of Veterans Affairs as pressed as a percentage of the total training (c) USE OF ANNUAL ANALYSIS.—The Secretary underserved pursuant to criteria developed shall use the results of the annual analysis con- time for those residents. under section 401 of this Act. (J) The time that all residents under the pilot ducted under section 401(c) of this Act to form (E) Whether the facility is located in a com- program who are assigned to programs affiliated mobile deployment teams under subsection (a) munity that is designated by the Secretary of with health care facilities of the Department that are composed of the most needed medical Health and Human Services as a health profes- spent training at facilities of the Department, personnel for underserved facilities. sional shortage area under section 332 of the (d) REPORTING.— expressed as a percentage of the total training (1) PROGRESS REPORT.—Not later than one Public Health Service Act (42 U.S.C. 254e). time for those residents. year after the date of the enactment of this Act, (F) Whether the facility is located in a rural (K) The cost to the Department of Veterans the Secretary shall submit a report to Congress or remote area. Affairs under the pilot program in the year im- on the implementation of the pilot program (G) Such other criteria as the Secretary con- mediately preceding the report and since the be- under this section. siders important in determining which facilities ginning of the pilot program. (2) FINAL REPORT.—Not later than the termi- are not adequately serving area veterans. (L) The cost to the Department of Veterans nation of the pilot program under this section, (5) PRIORITY IN PLACEMENTS.—During the Affairs per resident placed under the pilot pro- the Secretary shall submit a final report to Con- pilot program under this section, the Secretary gram at each covered facility. gress that contains the recommendations of the shall place no fewer than 100 residents in cov- (M) The number of residents under the pilot Secretary regarding the feasibility and advis- ered facilities— program hired by the Secretary to work in the ability of— (A) operated by the Indian Health Service; Veterans Health Administration after comple- (A) extending or expanding the pilot program; (B) operated by an Indian tribe; tion of residency in the year immediately pre- and (C) operated by a tribal organization; or ceding the report and since the beginning of the (B) making the pilot program (or any aspect (D) located in communities designated by the pilot program. thereof) permanent. Secretary as underserved pursuant to criteria (N) The medical specialties pursued by resi- (e) DURATION.—The pilot program under this developed under section 401 of this Act. dents under the pilot program. section shall terminate three years after the date (6) STIPENDS AND BENEFITS.—The Secretary (d) DURATION.—The pilot program under this of the enactment of this Act. may pay stipends and provide benefits for resi- section shall terminate on August 7, 2024. (f) UNDERSERVED FACILITY DEFINED.—In this dents in positions under paragraph (1), regard- TITLE V—OTHER MATTERS section, the term ‘‘underserved facility’’ means a less of whether they have been assigned in a De- partment facility. SEC. 501. ANNUAL REPORT ON PERFORMANCE medical center, ambulatory care facility, or com- AWARDS AND BONUSES AWARDED (b) REIMBURSEMENT.—If a covered facility es- munity based outpatient clinic of the Depart- TO CERTAIN HIGH-LEVEL EMPLOY- ment of Veterans Affairs designated by the Sec- tablishes a new residency program in which the EES OF THE DEPARTMENT. retary of Veterans Affairs as underserved pursu- Secretary places a resident under the pilot pro- (a) IN GENERAL.—Chapter 7 of title 38, United ant to criteria developed under section 401 of gram, the Secretary shall reimburse that covered States Code, is amended by adding at the end this Act. facility for costs of the following: the following new section: (1) Curriculum development. SEC. 403. PILOT PROGRAM ON GRADUATE MED- ‘‘§ 726. Annual report on performance awards ICAL EDUCATION AND RESIDENCY. (2) Recruitment and retention of faculty. (3) Accreditation of the program by the Ac- and bonuses awarded to certain high-level (a) ESTABLISHMENT.— employees (1) IN GENERAL.—Subject to paragraph (5), the creditation Council for Graduate Medical Edu- Secretary of Veterans Affairs shall establish a cation. ‘‘(a) IN GENERAL.—Not later than 100 days pilot program to establish medical residency po- (4) The portion of faculty salaries attributable after the end of each fiscal year, the Secretary sitions authorized under section 301(b)(2) of the to duties under an agreement subsection (a)(3). shall submit to the appropriate committees of Veterans Access, Choice, and Accountability Act (5) Expenses relating to educating a resident Congress a report that contains, for the most re- of 2014 (Public Law 113–146; 38 U.S.C. 7302 note) under the pilot program. cent fiscal year ending before the submittal of at covered facilities. (c) REPORTING.— the report, a description of all performance (2) COVERED FACILITIES.—For purposes of this (1) IN GENERAL.—Not later than one year after awards or bonuses awarded to each of the fol- section, a covered facility is any of the fol- the date of the enactment of this Act and not lowing: lowing: less frequently than once each year thereafter ‘‘(1) Regional Office Director of the Depart- (A) A health care facility of the Department until the termination of the pilot program, the ment. of Veterans Affairs. Secretary shall submit to Congress a report on ‘‘(2) Director of a Medical Center of the De- (B) A health care facility operated by an In- the implementation of the pilot program. partment. dian tribe or a tribal organization, as those (2) ELEMENTS.—Each report submitted under ‘‘(3) Director of a Veterans Integrated Service terms are defined in section 4 of the Indian Self- paragraph (1) shall include the following with Network. Determination and Education Assistance Act (25 regard to the immediately preceding year, and ‘‘(4) Senior executive of the Department. U.S.C. 5304). in comparison to the year immediately preceding ‘‘(b) ELEMENTS.—Each report submitted under (C) A health care facility operated by the In- that year: subsection (a) shall include the following with dian Health Service. (A) The number of veterans who received care respect to each performance award or bonus (D) A Federally-qualified health center, as de- from residents under the pilot program. awarded to an individual described in such sub- fined in section 1905(l)(2)(B) of the Social Secu- (B) The number of veterans who received care section: rity Act (42 U.S.C. 1396d(l)(2)(B)). from each resident per position described in sub- ‘‘(1) The amount of each award or bonus. (E) A health care facility operated by the De- section (a)(1) under the pilot program. ‘‘(2) The job title of the individual awarded partment of Defense. (C) The number of veterans who received care the award or bonus. (F) Such other health care facility as the Sec- from residents under the pilot program expressed ‘‘(3) The location where the individual award- retary considers appropriate for purposes of this as a percentage of all individuals who received ed the award or bonus works. section. care from such residents. ‘‘(c) DEFINITIONS.—In this section: (3) AGREEMENTS.—To carry out the pilot pro- (D) The number of clinical appointments for ‘‘(1) The term ‘appropriate committees of Con- gram under this section, the Secretary may veterans conducted by each resident under the gress’ means the Committees on Veterans’ Af- enter into agreements with entities that operate pilot program. fairs and Appropriations of the Senate and covered facilities in which the Secretary places (E) The number of clinical appointments for House of Representatives. residents under paragraph (1). veterans conducted by residents per position de- ‘‘(2) The term ‘senior executive’ means—

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‘‘(A) a career appointee; or which the Department’s estimated share of the (5) INSPECTOR GENERAL REVIEW.—On a semi- ‘‘(B) an individual— project costs does not exceed $20,000,000.’’. annual basis, the Inspector General of the De- ‘‘(i) in an administrative or executive position; SEC. 504. AUTHORIZATION OF CERTAIN MAJOR partment shall review the administration of the and MEDICAL FACILITY PROJECTS OF website required under paragraph (1) and make ‘‘(ii) appointed under section 7306(a) or sec- THE DEPARTMENT OF VETERANS AF- recommendations relating to the improvement of tion 7401(1) of this title. FAIRS. such administration. ‘‘(3) The term ‘career appointee’ has the (a) AUTHORIZATION.—The Secretary of Vet- (b) REPORT TO CONGRESS.—The Secretary of meaning given that term in section 3132(a) of erans Affairs may carry out the following major Veterans Affairs shall submit to Congress an an- title 5, United States Code.’’. medical facility project, to be carried out in an nual report on the steps the Department is tak- (b) CLERICAL AMENDMENT.—The table of sec- amount not to exceed the amount specified for ing to achieve full staffing capacity. Each such tions at the beginning of such chapter is amend- that project: Construction of the new East Bay report shall include the amount of additional ed by inserting after the item relating to section Community Based Outpatient Clinic and all as- funds necessary to enable the Department to 725 the following new item: sociated site work, utilities, parking, and land- reach full staffing capacity. scaping, construction of the Central Valley En- ‘‘726. Annual report on performance awards and SEC. 506. PROGRAM ON ESTABLISHMENT OF PEER gineering and Logistics support facility, and en- SPECIALISTS IN PATIENT ALIGNED bonuses awarded to certain high- hanced flood plain mitigation at the Central CARE TEAM SETTINGS WITHIN MED- level employees.’’. Valley and East Bay Community Based Out- ICAL CENTERS OF DEPARTMENT OF SEC. 502. ROLE OF PODIATRISTS IN DEPARTMENT patient Clinics as part of the realignment of VETERANS AFFAIRS. OF VETERANS AFFAIRS. medical facilities in Livermore, California, in an (a) PROGRAM REQUIRED.—The Secretary of (a) INCLUSION AS PHYSICIAN.— amount not to exceed $117,300,000. Veterans Affairs shall carry out a program to (1) IN GENERAL.—Subchapter I of chapter 74 is (b) AUTHORIZATION OF APPROPRIATIONS FOR establish not fewer than two peer specialists in amended by adding at the end the following CONSTRUCTION.—There is authorized to be ap- patient aligned care teams at medical centers of new section: propriated to the Secretary of Veterans Affairs the Department of Veterans Affairs to promote ‘‘§ 7413. Treatment of podiatrists; clinical for fiscal year 2018 or the year in which funds the use and integration of services for mental oversight standards are appropriated for the Construction, Major health, substance use disorder, and behavioral health in a primary care setting. ‘‘(a) PODIATRISTS.—Except as provided by Projects account, $117,300,000 for the project authorized in subsection (a). (b) TIMEFRAME FOR ESTABLISHMENT OF PRO- subsection (b), a doctor of podiatric medicine GRAM.—The Secretary shall carry out the pro- who is appointed as a podiatrist under section (c) SUBMITTAL OF INFORMATION.—Not later than 90 days after the date of the enactment of gram at medical centers of the Department as 7401(1) of this title is eligible for any supervisory follows: position in the Veterans Health Administration this Act, for the project authorized in subsection (a), the Secretary of Veterans Affairs shall sub- (1) Not later than May 31, 2019, at not fewer to the same degree that a physician appointed than 15 medical centers of the Department. under such section is eligible for the position. mit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs (2) Not later than May 31, 2020, at not fewer ‘‘(b) ESTABLISHMENT OF CLINICAL OVERSIGHT of the House of Representatives the following than 30 medical centers of the Department. STANDARDS.—The Secretary, in consultation (c) SELECTION OF LOCATIONS.— information: with appropriate stakeholders, shall establish (1) IN GENERAL.—The Secretary shall select (1) A line item accounting of expenditures re- standards to ensure that specialists appointed in medical centers for the program as follows: lating to construction management carried out the Veterans Health Administration to super- (A) Not fewer than five shall be medical cen- by the Department of Veterans Affairs for such visory positions do not provide direct clinical ters of the Department that are designated by project. the Secretary as polytrauma centers. oversight for purposes of peer review or practice (2) The future amounts that are budgeted to evaluation for providers of other clinical spe- (B) Not fewer than ten shall be medical cen- be obligated for construction management car- ters of the Department that are not designated cialties.’’. ried out by the Department for such project. (2) CLERICAL AMENDMENT.—The table of sec- by the Secretary as polytrauma centers. (3) A justification for the expenditures de- (2) CONSIDERATIONS.—In selecting medical tions at the beginning of chapter 74 is amended scribed in paragraph (1) and the future amounts by inserting after the item relating to section centers for the program under paragraph (1), described in paragraph (2). the Secretary shall consider the feasibility and 7412 the following new item: (4) Any agreement entered into by the Sec- advisability of selecting medical centers in the retary regarding a non-Department of Veterans ‘‘7413. Treatment of podiatrists; clinical over- following areas: sight standards.’’. Affairs Federal entity providing management (A) Rural areas and other areas that are un- (b) MODIFICATION AND CLARIFICATION OF PAY services relating to such project, including reim- derserved by the Department. GRADE.— bursement agreements and the costs to the De- (B) Areas that are not in close proximity to an (1) GRADE.—The list in section 7404(b) of such partment for such services. active duty military installation. title is amended— SEC. 505. DEPARTMENT OF VETERANS AFFAIRS (C) Areas representing different geographic lo- (A) by striking ‘‘PHYSICIAN AND DENTIST PERSONNEL TRANSPARENCY. cations, such as census tracts established by the SCHEDULE’’ and inserting ‘‘PHYSICIAN AND (a) PUBLICATION OF STAFFING AND VACAN- Bureau of the Census. SURGEON (MD/DO), PODIATRIC SURGEON CIES.— (d) GENDER-SPECIFIC SERVICES.—In carrying (DPM), AND DENTIST AND ORAL SURGEON (1) WEBSITE REQUIRED.—Subject to paragraph out the program at each location selected under (DDS, DMD) SCHEDULE’’; (2) and not later than 90 days after the date of subsection (c), the Secretary shall ensure that— (B) by striking ‘‘Physician grade’’ and insert- the enactment of this Act, the Secretary of Vet- (1) the needs of female veterans are specifi- ing ‘‘Physician and surgeon grade’’; and erans Affairs shall make publicly available on cally considered and addressed; and (C) by striking ‘‘PODIATRIST, CHIRO- an Internet website of the Department of Vet- (2) female peer specialists are made available PRACTOR, AND’’ and inserting ‘‘CHIRO- erans Affairs the following information, which to female veterans who are treated at each loca- PRACTOR AND’’. shall, subject to subparagraph (D), be displayed tion. (2) APPLICATION.—The amendments made by by departmental component or, in the case of in- (e) ENGAGEMENT WITH COMMUNITY PRO- paragraph (1) shall apply with respect to a pay formation relating to Veterans Health Adminis- VIDERS.—At each location selected under sub- period of the Department of Veterans Affairs be- tration positions, by medical facility: section (c), the Secretary shall consider ways in ginning on or after the date that is 30 days after (A) The number of personnel encumbering po- which peer specialists can conduct outreach to the date of the enactment of this Act. sitions. health care providers in the community who are (B) The number of accessions and separation known to be serving veterans to engage with SEC. 503. DEFINITION OF MAJOR MEDICAL FACIL- actions processed during the quarter preceding ITY PROJECT. those providers and veterans served by those the date of the publication of the information. providers. (a) MODIFICATION OF DEFINITION OF MEDICAL (C) The number of vacancies, by occupation. (f) REPORTS.— FACILITY.—Section 8101(3) is amended by strik- (D) The percentage of new hires for the De- (1) PERIODIC REPORTS.— ing ‘‘Secretary’’ and all that follows through partment who were hired within the time-to-hire (A) IN GENERAL.—Not later than 180 days ‘‘nursing home,’’ and inserting ‘‘Secretary, or as target of the Office of Personnel Management, after the date of the enactment of this Act, and otherwise authorized by law, for the provision disaggregated by administration. not less frequently than once every 180 days of health-care services (including hospital, out- (2) EXCEPTIONS.—The Secretary may withhold thereafter until the Secretary determines that patient clinic, nursing home,’’. from publication under paragraph (1) informa- the program is being carried out at the last loca- (b) MODIFICATION OF DEFINITION OF MAJOR tion relating to law enforcement, information se- tion to be selected under subsection (c), the Sec- MEDICAL FACILITY PROJECT.—Paragraph (3) of curity, or such positions in the Department that retary shall submit to Congress a report on the section 8104(a) is amended to read as follows: the Secretary determines to be sensitive. program. ‘‘(3) For purposes of this subsection, the term (3) UPDATE OF INFORMATION.—The Secretary (B) ELEMENTS.—Each report required by sub- ‘major medical facility project’ means a project shall update the information on the website re- paragraph (A) shall, with respect to the 180-day for the construction, alteration, or acquisition of quired under paragraph (1) on a quarterly basis. period preceding the submittal of the report, in- a medical facility involving a total expenditure (4) TREATMENT OF CONTRACTOR POSITIONS.— clude the following: of more than $20,000,000, but such term does not Any Department of Veterans Affairs position (i) The findings and conclusions of the Sec- include an acquisition by exchange, non- that is filled with a contractor may not be treat- retary with respect to the program. recurring maintenance projects of the Depart- ed as a Department position for purposes of the (ii) An assessment of the benefits of the pro- ment, or the construction, alteration, or acquisi- information required to be published under gram to veterans and family members of vet- tion of a shared Federal medical facility for paragraph (1). erans.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.028 H16MYPT1 H4038 CONGRESSIONAL RECORD — HOUSE May 16, 2018 (iii) An assessment of the effectiveness of peer (1) The term ‘‘medical scribe’’ means an unli- revise and extend their remarks and in- specialists in engaging under subsection (e) with censed individual hired to enter information sert extraneous material in the RECORD health care providers in the community and vet- into the electronic health record or chart at the on S. 2372, as amended. erans served by those providers. direction of a physician or licensed independent The SPEAKER pro tempore. Is there (2) FINAL REPORT.—Not later than 180 days practitioner whose responsibilities include the after the Secretary determines that the program following: objection to the request of the gen- is being carried out at the last location to be se- (A) Assisting the physician or practitioner in tleman from Tennessee? lected under subsection (c), the Secretary shall navigating the electronic health record. There was no objection. submit to Congress a report detailing the rec- (B) Responding to various messages as di- Mr. ROE of Tennessee. Mr. Speaker, I ommendations of the Secretary as to the feasi- rected by the physician or practitioner. yield myself such time as I may con- bility and advisability of expanding the program (C) Entering information into the electronic sume. to additional locations. health record, as directed by the physician or Mr. Speaker, I rise today in support SEC. 507. DEPARTMENT OF VETERANS AFFAIRS practitioner. of my bill, the John S. McCain III; the MEDICAL SCRIBE PILOT PROGRAM. (2) The terms ‘‘urban’’ and ‘‘rural’’ have the Daniel K. Akaka; and with great honor, meanings given such terms under the rural- (a) IN GENERAL.—The Secretary of Veterans the Samuel R. Johnson Department of Affairs shall carry out a two-year pilot program urban commuting codes developed by the Sec- under which the Secretary shall increase the use retary of Agriculture and the Secretary of Veterans Affairs Maintaining Internal of medical scribes at Department of Veterans Af- Health and Human Services. Systems and Strengthening Integrated fairs medical centers. (f) FUNDING.—The pilot program under this Outside Networks Act of 2018, or the (b) LOCATIONS.—The Secretary shall carry out section shall be carried out using amounts oth- VA MISSION Act. the pilot program at the 10 medical centers of erwise authorized to be appropriated for the De- This bill exemplifies exactly how the Department as follows: partment of Veterans Affairs. No additional Congress should work. It is a bipar- (1) At least four such medical centers located amounts are authorized to be appropriated to tisan, bicameral compromise agree- carry out such program. in rural areas. ment between the House and Senate (2) At least four such medical centers located SEC. 508. EXTENSION OF REQUIREMENT TO COL- in urban areas. LECT FEES FOR HOUSING LOANS Veterans’ Affairs Committees that was (3) Two such medical centers located in areas GUARANTEED BY SECRETARY OF crafted over the last year and a half with need for increased access or increased effi- VETERANS AFFAIRS. through regular order and in close co- ciency, as determine by the Secretary. Section 3729(b)(2) of title 38, United States ordination with stakeholders and advo- (c) MEDICAL SCRIBES.— Code, is amended by striking ‘‘2027’’ each place cates in VA, the White House, the mili- (1) HIRING.—Under the pilot program the Sec- it appears and inserting ‘‘2028’’. tary and veterans service organiza- retary shall— SEC. 509. EXTENSION OF REDUCTION IN AMOUNT tions, and the broader health commu- (A) hire 20 new Department of Veterans Af- OF PENSION FURNISHED BY DE- fairs term employees as medical scribes; and PARTMENT OF VETERANS AFFAIRS nity. (B) seek to enter into contracts with appro- FOR CERTAIN VETERANS COVERED It is also aptly named after Senator priate entities for the employment of 20 addi- BY MEDICAID PLANS FOR SERVICES MCCAIN, late Senator Akaka, and Con- FURNISHED BY NURSING FACILI- tional medical scribes. TIES. gressman SAM JOHNSON, three great (2) DISTRIBUTION.—The Secretary shall assign Section 5503(d)(7) of title 38, United States Americans whose lives and work exem- four medical scribes to each of the 10 medical Code, is amended by striking ‘‘September 30, plify service and statesmanship. The centers of the Department where the Secretary 2027’’ and inserting ‘‘September 30, 2028’’. MISSION Act is also aptly named in carries out the pilot program as follows: (A) Two scribes shall be assigned to each of SEC. 510. APPROPRIATION OF AMOUNTS. that it would address and reaffirm Con- two physicians. (a) VETERANS CHOICE PROGRAM.—There is au- gress’ commitment to VA’s core and (B) Thirty percent of the scribes shall be em- thorized to be appropriated, and is appro- most important mission: caring for, as ployed in the provision of emergency care. priated, to the Secretary of Veterans Affairs, out President Lincoln said, those who have (C) Seventy percent of the scribes shall be em- of any funds in the Treasury not otherwise ap- borne the battle. ployed in the provision of speciality care in spe- propriated, $5,200,000,000 to be deposited in the There are five main components of cialties with the longest patient wait times or Veterans Choice Fund under section 802 of the Veterans Access, Choice, and Accountability Act the MISSION Act. Each of these com- lowest efficiency ratings, as determined by the ponents on their own would be note- Secretary. of 2014 (Public Law 113–146; 38 U.S.C. 1701 (d) REPORTS.— note). worthy and significant. Together, they (1) REPORTS TO CONGRESS.—Not later than 180 (b) AVAILABILITY OF AMOUNTS.—The amounts are transformational. days after the commencement of the pilot pro- appropriated under subsection (a) shall be The first component of the MISSION gram required under this section, and every 180 available for obligation or expenditure without Act would consolidate and improve days thereafter for the duration of the pilot pro- fiscal year limitation. VA’s community care programs. VA gram, the Secretary of Veterans Affairs shall SEC. 511. TECHNICAL CORRECTION. uses several different methods to refer submit to Congress a report on the pilot pro- Section 1712I of title 38, United States Code, is veterans to community providers gram. Each such report shall include each of the redesignated as section 1720I of such title. today. The most recent and notable following: SEC. 512. BUDGETARY EFFECTS. (A) A separate analysis of each the following method is the Choice Program, which (a) STATUTORY PAY-AS-YOU-GO SCORE- Congress created following the nation- with respect to medical scribes employed by the CARDS.—The budgetary effects of this Act shall Department of Veterans Affairs and medical not be entered on either PAYGO scorecad main- wide access and accountability crisis in scribes performing Department of Veterans Af- tained pursuant to section 4(d) of the Statutory 2014. All of those methods serve dif- fairs functions under a contract: Pay-As-You-Go Act of 2010. ferent purposes and employ different (i) Provider efficiency. (b) SENATE PAYGO SCORECARDS.—The budg- business processes, reimbursement (ii) Patient satisfaction. etary effects of this Act shall not be entered on rates, and eligibility criteria. That cre- (iii) Average wait time. any PAYGO scorecard maintained for purposes (iv) The number of patients seen per day by ates a tremendous and increasing of section 4106 of H. Con. Res. 71 (115th Con- each physician or practitioner. amount of confusion and consternation gress). (v) The amount of time required to hire and from VA employees, community pro- train an employee to perform medical scribe The SPEAKER pro tempore. The bill, viders, and VA patients. functions under the pilot program. as amended, shall be debatable for 1 The MISSION Act would consolidate (B) Metrics and data for analyzing the effects hour equally divided and controlled by all of those methods into a single, of the pilot program, including an evaluation of the chair and ranking minority mem- streamlined VA community care pro- the each of the elements under clauses (i) ber of the Committee on Veterans’ Af- gram that is easier to understand, ad- through (iv) of subparagraph (A) at medical fairs. centers who employed scribes under the pilot minister, and deliver to veterans who program for an appropriate period preceding the The gentleman from Tennessee (Mr. need it. This would increase access to hiring of such scribes. ROE) and the gentleman from Min- timely quality care in every commu- (2) COMPTROLLER GENERAL REPORT.—Not later nesota (Mr. WALZ) each will control 30 nity across the country and, in doing than 90 days after the termination of the pilot minutes. so, expand VA’s reach and veterans’ program under this section, the Comptroller The Chair recognizes the gentleman choice. It would also return all VA General of the United States shall submit to from Tennessee. community care funding to the discre- Congress a report on the pilot program. Such re- GENERAL LEAVE port shall include a comparison of the pilot pro- tionary side of the ledger, thereby in- gram with similar programs carried out in the Mr. ROE of Tennessee. Mr. Speaker, I creasing transparency and account- private sector. ask unanimous consent that all Mem- ability for the hard-earned taxpayer (e) DEFINITIONS.—In this section: bers have 5 legislative days in which to dollars that VA receives.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.028 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4039 The second component of the MIS- VA’s massive physical footprint can be merous provisions that would make it SION Act would address the pending realigned and brought up to date. This easier for the providers already work- shortfall in the Choice fund. When Con- would transform the VA healthcare ing in VA hospitals and clinics to see gress created the Choice Program 4 system that we know today into one more veteran patients and to be recog- years ago, it also created the Choice that is stronger, more efficient, and nized and rewarded for their great fund and stipulated that the program better able to meet the healthcare work. would end when the fund ran dry. Con- needs of veterans, now and for genera- Together, these provisions would for- gress has acted time and time again to tions of veterans to come. tify the VA healthcare system and prevent that from happening in rec- None of us who are lucky enough to make sure it stays strong and able to ognition of the millions of veterans have a VA facility in their backyard, provide the care that it is meant to who rely on the Choice Program de- as I do, want to contemplate a future provide. spite its imperfections. where that facility may change or dis- Before closing, I want to take a mo- However, Acting VA Secretary appear. But without action as bold, ment to recognize some people: Chair- Wilkie sent a letter just last week de- brave, and potentially transformative man JOHNNY ISAKSON and Ranking claring that the remaining funds in the as the AIR Act is, the long-term suc- Member TESTER of the Senate Com- Choice fund will be exhausted as early cess and sustainability of the VA mittee on Veterans’ Affairs. Chairman as May 31, just 2 weeks from today. healthcare system is in serious ques- ISAKSON and Ranking Member TESTER The consequences of that have the po- tion, and veterans will suffer the con- have been steadfast partners over the tential to be catastrophic for veterans, sequences. last year and over the last several with Acting Secretary Wilkie warning I want to assure those who may still weeks, in particular. The MISSION Act that wait times will increase, access to be concerned about AIR that they will would not be a reality without their care will decrease, continuity of care have nothing to fear from it. I worked good-faith efforts to work hand in hand will be disrupted, and valuable commu- closely with a wide variety of veteran with me and with our veteran service nity partnerships will be damaged. service organizations to ensure that organization partners to overcome our To prevent that, the MISSION Act the AIR process takes and includes a differences and craft a bipartisan, bi- would authorize and appropriate $5.2 high level of veteran, VSO, stake- cameral compromise bill that veterans billion to the Choice fund. This would holder, and community involvement— and their families can be proud of. Mr. prevent an access-to-care crisis from both locally and nationally—and to Speaker, I want to thank them for occurring in the immediate future and make sure no AIR recommendation their leadership and for their friend- provide sufficient funding to allow the would occur behind closed doors with- ship. Choice Program to continue serving out an open discussion and a review of I am also grateful for the many mem- veteran patients over the next year all the relevant facts, with every op- bers of the committee from both sides until the new, consolidated community tion and opportunity left on the table. of the aisle and both sides of the Cap- care program is implemented. It is my firm belief that AIR will re- itol, including Ranking Member WALZ, The third component of the MISSION sult in a modern, streamlined VA and to our VSO partners in the commu- Act would address VA’s massive and healthcare system but not necessarily nity, the VA, and in the White House misaligned physical footprint. VA is a markedly smaller one. VA is going to who have worked hard over the last one of the largest property-holding en- remain a presence in communities year and a half to craft and consider tities in the Federal Government with large and small, and no facility that is many of the provisions that make up a capital asset portfolio that includes needed to care for veteran patients or the MISSION Act. thousands of medical facilities span- that has a worthy service to provide Finally, I want to thank President ning hundreds of millions of square them will be negatively impacted. Trump for his leadership and steadfast feet. The fourth component of the MIS- commitment to veterans since taking The average VA medical facility SION Act will be to expand the Family office. This bill would not have been building is more than five times older Caregiver Program to the caregivers of possible without his vocal leadership. than the average building in the not- pre-9/11 veterans. Congress created the This may well be the most impactful for-profit system in this country, with Family Caregiver Program in 2010 to vote that any of us will ever take for some VA facilities being much older provide services and supports, includ- our Nation’s veterans. than that. For example, the VA med- ing a monthly stipend payment and And before I finish, I also want to ical center in my hometown of Johnson healthcare coverage, if needed, to care- thank the staffs on both sides of the City, Tennessee, was built in 1903 to givers of post-9/11 veterans. aisle, both in the Senate and in the care for Civil War veterans. It is still Caregivers provide an invaluable House, both Republican and Democrat, seeing patients today. service, often at great personal sac- for their incredible hard work, the Since being named chairman of the rifice, to those veterans who have been many hours behind the scenes that you Committee on Veterans’ Affairs a year seriously injured in the line of duty. never see, that the public never sees, and a half ago, I have made it a pri- Caregivers know no age or era, but for that I certainly appreciate and I be- ority to travel to VA facilities across far too long the Family Caregiver Pro- lieve Ranking Member WALZ does too, the country. While many of them are gram has been restricted to an inequal- the hard work of our staffs. doing great work, they are operating ity based on era of service. The MIS- A ‘‘yes’’ vote is a vote for access, for out of facilities that were designed and SION Act would correct that serious quality, for choice, for the long-term built to meet antiquated healthcare inequity and finally give pre-9/11 care- success and sustainability of the VA needs and delivery models. givers the recognition they deserve. healthcare system, for caregivers and Those facilities are increasingly im- The fifth and the final component of for veterans. And for that I would rec- possible to manage and maintain in ac- the MISSION Act would be to enhance ommend a positive ‘‘yes’’ vote. cordance with modern standards and the internal capacity of the VA The MISSION Act is supported by the ever-changing shifts in the veteran healthcare system to care for veteran every major military and veteran serv- population, not to mention that de- patients internally. Opponents of this ice organization that rightfully recog- mand for care is growing progressively bill will tell you falsely that it is nizes this as a monumental and his- more costly and complex in Tennessee aimed at eventual privatization of the toric opportunity to support a bill that and across the country. VA healthcare system. That mis- will positively impact the daily lives The Asset and Infrastructure Review, conception is based on nothing but fear and well-being of millions of veterans or AIR, Act process that the MISSION and rhetoric, I think. and their families and fundamentally Act would create is based on a rec- The MISSION Act contains numerous shape and improve the second largest ommendation from the bipartisan provisions that would make it easier agency in the Federal Government. Commission on Care that was put to- for VA to attract high-quality commis- gether by President Obama. It would sions and other professionals and put b 1600 create an open, objective, politically them to work in VA medical facilities, I urge every single one of my col- insulated process to recommend how just as I have done. It also contains nu- leagues to stand today with me and

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.066 H16MYPT1 H4040 CONGRESSIONAL RECORD — HOUSE May 16, 2018 these organizations dedicated to the Since the access and waiting list crisis ex- process was done was absolutely 100 service of veterans, servicemembers, ploded in 2014, Congress, VA and veterans percent accurate. The sense of biparti- and their families, and, most impor- leaders have debated how best to strengthen sanship that went into the writing of tantly, our Nation’s veterans, and sup- and reform the delivery of veterans health care to ensure timely and seamless access for this bill, the sense of purpose in shared port the VA MISSION Act. enrolled veterans. The legislation before the values on caring for our veterans, the Mr. Speaker, I include in the RECORD Committee would take a major step towards sense of dignity and respect that was a letter from the VSO in support of the that goal by making improvements to and given to the minority side in dissenting MISSION Act. investments in the VA health care system, opinions both from the chairman and MAY 7, 2018. creating integrated networks so that vet- his staff was exemplary and what we Hon. PHIL ROE, erans have access to care when and where should all expect out of our leadership. Chairman, House Veterans’ Affairs Committee, they need it, and providing the further rec- This is a piece of legislation that has Washington, DC. ognition and assistance to family caregivers Hon. JOHNNY ISAKSON, of severely disabled veterans deserve. components of it that have literally Chairman, Senate Veterans Affairs Committee, As leaders of the nation’s veterans and been with me or been on my mind or Washington, DC. military service organizations, we thank you things that I have tried to effect for Hon. TIM WALZ, for your steadfast leadership in crafting this literally two-thirds of my life—24 years Ranking Member, House Veterans’ Affairs Com- important bipartisan bill and call on all in that uniform and 12 years here. mittee, Washington, DC. members of Congress to seize this historic Much of this, I am proud to have Hon. JON TESTER, opportunity to improve the lives of veterans, been part of the original authors with their families and caregivers by swiftly pass- Ranking Member, Senate Veterans’ Affairs Com- the chairman in writing that, and it mittee, Washington, DC. ing the ‘‘VA MISSION Act of 2018.’’ The men DEAR CHAIRMAN ROE, RANKING MEMBER and women who have served, are serving and brings me to a strange position today. WALZ, CHAIRMAN ISAKSON AND RANKING MEM- will serve in the future are counting on Con- I am rising personally in opposition, BER TESTER: On behalf of the millions of vet- gress’ support. and I say that this will be my last op- erans, service members and family members Respectfully, portunity to vote on the Choice Act. we represent and advocate for, we offer our Garry J. Augustine, Washington Execu- I will be leaving this Congress after strong support for the ‘‘VA Maintaining In- tive Director, DAV (Disabled American this term, and after many positive ternal Systems and Strengthening Inte- Veterans); Verna L Jones, Executive things—and I have said it time and grated Outside Networks Act of 2018,’’ also Director, The American Legion; Joseph known as the ‘‘VA MISSION Act of 2018.’’ R. Chenelly, Executive Director, time again. The leadership that the This historic veterans legislation would con- AMVETS; Dana T. Atkins, Lieutenant gentleman from Tennessee (Mr. ROE) is solidate and reform VA’s community care General, U.S. Air Force (Ret.), Presi- showing will probably not be parallel programs; extend funding for the current dent, Military Officers Association of in terms of care for veterans in the way Veterans Choice Program for one year; America; Robert E. Wallace, Executive that he has approached this. This piece strengthen VA’s ability to recruit, hire and Director, Veterans of Foreign Wars of of legislation is critically important— retain quality medical personnel; review, re- the United States; Carl Blake, Execu- align and modernize VA’s health care infra- the caregivers piece in it, the piece on tive Director, Paralyzed Veterans of dealing with VA assets and how we structure; and extend eligibility to VA’s America; Rick Weidman, Executive Di- comprehensive caregiver assistance program rector of Policy, Vietnam Veterans of look at capacity going forward, and, of to aging and disabled veterans injured before America; Rene Bardof, Senior Vice course, Choice. September 11, 2001. President, Government & Community And I would like to say—and espe- Our organizations strongly support ex- Relations, Wounded warrior Project; cially to my friend, SAM JOHNSON—very panding eligibility for VA’s comprehensive caregiver program to all generations of seri- Paul Rieckhoff, Founder and CEO, Iraq few words need to be said about SAM ously disabled veterans, while maintaining and Afghanistan Veterans of America; JOHNSON. We served on the POW/MIA the caregiver benefits that are currently Joseph C. Bogart MA, Executive Direc- Commission in dealing with finding the available. Today, this program provides full tor, Blinded Veterans Association; lost remains of our warriors and deal- comprehensive caregiver assistance only to Thomas J. Snee, National Executive ing directly with the Russian Govern- veterans injured on or after September 11, Director, Fleet Reserve Association; Kristina Kaufmann, Executive direc- ment. And when SAM JOHNSON’s name 2001, leaving family caregivers and veterans is mentioned anywhere around the injured during World War II, the Korean, tor, Code of Support Foundation. Vietnam and Gulf Wars ineligible for this Paul K. Hopper, Colonel, USMC (Ret.), world, people stop and listen. So it is critical support. The legislation will help to National President, Marine Corps Re- appropriate. I thank the chairman for correct this injustice and we—along with serve Association; James T. (Jim) naming that, and, of course, with Sen- millions of members in our organizations— Currie, Ph.D., Colonel, USA (Ret.), Ex- ators Akaka and MCCAIN. applaud you for taking this action and look ecutive Director, Commissioned Offi- My concerns on this. This is not a forward to working in the future to ensure cers Association of the U.S. Public symptom of the VA Committee. The that both injured and ill veterans from all Health Service; Neil Van Ess, National VA Committee did exactly what it was eras are eligible for this benefit. Commander, Military Order of the Pur- The legislation would consolidate VA’s ple Heart; Steve Schwab, Executive Di- supposed to do. The chairman did ex- community care programs and develop inte- rector, Elizabeth Dole Foundation; actly what he was supposed to do. The grated networks of VA and community pro- Bonnie Carroll, President and Founder, VSOs did exactly what they were sup- viders to supplement, not supplant VA Tragedy Assistance Program for Sur- posed to do. But I think this is my last health care, so that all enrolled veterans vivors; Jon Ostrowski, Senior Chief chance to voice, how do we ever get to have timely access to quality medical care. USCGR, Retired, Director, Government the point where we look at long-term The bill includes funding to continue the Affairs, Non Commissioned Officers As- stability. How do we ever get to the current Choice Program for an additional sociation; Michael Cowan MD, VADM point—three times we had to do—and year until the new community care program USN (Ret), Executive Director, is implemented as well as important work- AMSUS; Randy Reid, Executive Direc- the chairman is right. I have no doubt force improvement provisions to strengthen tor, U.S. Coast Guard Chief Petty Offi- that this body, because of the care for VA’s internal capacity to delivery care. This cers, Association; Deirdre Park veterans on both sides, will do what- carefully crafted compromise represents a Holleman, Esq. Washington Executive ever is necessary when we run short, balanced approach to ensuring timely access Director, The Retired Enlisted Associa- and we will. to care while continuing to strengthen the tion; John H. Madigan, Jr, Vice Presi- And next May, when we hit the dis- VA health care system that millions of vet- dent and Chief Public Policy Officer, cretionary spending caps and things erans choose and rely on. American Foundation for Suicide Pre- had to be made, I have no doubt, under The legislation also includes a new Asset vention; CW4 (Ret.) Jack Du Teil, Ex- and Infrastructure Review (AIR) process in- ecutive Director, United States Army the chairman’s leadership, we will find tended to design and implement a com- Warrant Officers, Association; Jim a fix, or whoever sits in that chair will prehensive plan to optimize and modernize Lorraine, President & CEO, America’s try and find that fix. I thought, and VA’s medical care facilities. The AIR process Warrior Partnership. still believe to this day, this was our would provide meaningful stakeholder in- Mr. ROE of Tennessee. Mr. Speaker, I opportunity to look at that long-term volvement, transparency and other safe- care—the issue that was going to be guards during the review process to help en- reserve the balance of my time. sure the final result leads to a stronger and Mr. WALZ. Mr. Speaker, I yield my- the stability of VA care. better aligned VA infrastructure able to de- self such time as I may consume. The Congressional Budget Office esti- liver care to veterans when and where they Mr. Speaker, I would like to say the mates this bill is going to cost $47 bil- need it. chairman’s description of how this lion over 5 years. There is not an

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American taxpayer that would not pay the White House was or to the appro- privileges I have had in the 91⁄2 years I every penny of that to go to care of priators, but the fact of the matter is, have served in this U.S. Congress is to veterans. This is not about trying to after this vote, the Caregiver Support serve with SAM JOHNSON. figure that piece of it out. Paying for Program has zero dollars in it. No dol- Mr. SAM JOHNSON of Texas. Mr. veterans care in the community is lars in it. They are going to have to Speaker, I first want to thank Chair- going to cost $22 billion on that. come from somewhere, and a budget man ROE for his strong support of our I agree that reforming Choice Pro- that the chairman has rightfully told veterans and for the incredible honor grams, consolidating the VA’s seven us has increased fourfold in the last 10 he does Senators Akaka, MCCAIN, and other community care programs is years, we are going to have to come to myself with the bipartisan bill before needed. And I agree transferring this grips with that. us. I am truly humbled by this gesture, funding of the Choice Program to dis- I am not suggesting you cut it. I am and I am sure it also means a lot to my cretionary funding so the VA can budg- just suggesting that we budget hon- buddy JOHN, his family, and Senator et for the increased cost and all estly on this so we don’t run into this Akaka’s family as well. Both of these healthcare is paid by that fund. We nightmare scenario that is coming in men served during wartime. must ensure the high cost of commu- May of 2019. There are concerns over Many folks know that JOHN and I nity care, though, does not force the long-term sustainability without quali- were POWs at Hanoi Hilton, and I will VA to cut other critical veterans serv- fied leadership in place to successfully always admire his courage in rejecting ices. implement the program. the North Vietnamese offer to go home It is unfortunate that we have chosen Here is what I am worried about. If early. They, of course, did this in an ef- to solve this problem on the mandatory this committee and even this Congress fort to break the spirit of other POWs. side by exempting VA care from statu- were responsible for implementation, No one but another POW knows the tory PAYGO, but we are not going to but once it leaves here, it goes to the strength and heartbreak it takes to do that in the future on the care in the executive branch, I, as the ranking deny yourself the hope of home when community. It is not a problem that is member of the House VA Committee, your future and life are uncertain. I going to occur years from now. Every- am not quite sure who to call up there say this as a fellow POW who spent body in here who is coming back—and right now in this transition. We have nearly 7 years in that hellhole Earth. the voters will tell you if you are or been 40 days without a VA Secretary. Mr. Speaker, I served 29 years in the not—is coming. The cost of community We don’t have one, that I know of, United States Air Force and fought in care is so expensive, we will not get scheduled to go in front of the Senate both the Korean and Vietnam wars, so I understand the sacrifices our service- through fiscal year 2019 without a simi- for confirmation at this point in time. lar exemption on the discretionary So we are willing to capitulate the members make to protect the freedom of every American. It is only right that side. authority, the ability to give this over This bill fails to address how VA will there, and decisions that are going to in return for their faithful service, our fund all of its other programs once this affect generational care in the VA to veterans get the quality healthcare they need and deserve when they re- transfer occurs. The Bipartisan Budget somebody yet to be placed. That lead- turn home. That is why one of my Act deal raised VA’s caps by $4 billion ership piece scares me. But again, some proudest accomplishments is the estab- to improve VA infrastructure. This in- of it is relieved because I know you lishment of a VA community-based creased discretionary funding responsi- have got leadership in this House. I outpatient clinic in my hometown of bility for community care is going to know you have got a chairman who Plano, Texas. This facility was much undermine that deal, forcing VA to cut cares, wants to get this right, I trust, needed in our community, and I am its own programs and use money des- to carry that oversight out. proud to report it is expanding services ignated for VA infrastructure to fund The problem is, administrations for our veterans all the time. community care. come and go; secretaries comes and go; But as important as a VA facility is, That is a choice we can make, and it Members of Congress come and go. they are not always convenient for our is a choice that has to be made. I am That is why we do statutory require- veterans to visit. To address the fact just suggesting today that with the ments on spending. That is why this is that some veterans live far from VA fa- good will, the smart policies, the lead- now discretionary spending. That is cilities or face longer wait times to see ership that was here, maybe we should why there are caps in place that cannot doctors, Congress created the Choice have gone for the whole one on this. be violated, and decisions will be made Program. I will take the critique that looking where that is going to come from. Today’s bill makes the Choice Pro- for the perfect and throwing away the Also, a shortage of 33,000 health program even better by bringing it fully good is a fair critique. I am just not viders in the VA and a $10 billion back- into the VA health system. That means sure, in a Congress with a $21 trillion log to fix needed facilities that have all veterans actively enrolled in the VA deficit and a discretionary spending ‘‘D’’ or ‘‘F’’ life conditions, that we can go to a doctor in their community. budget that could be eaten up across should be doing more to address that You know that is the right thing to do there, when is that hard decision ever internal care. I agree. These reforms in the spirit, and I think this bill is going to be made? are needed. I agree that these programs something we should all support. It could mean that care provided in were debated in a logical, a fair, and Politics aside, may we all be mindful VA hospitals and clinics, construction open manner. We got much of what that our veterans have answered the and maintenance of those facilities, needed to be done in this. We got much call to duty. They put their lives on veterans homelessness programs, and of what is good. the line on our behalf, and their fami- VA research will have to see cuts under The chairman took this process—ex- lies serve alongside them as well. At the way the law is made to make sure actly what should be expected of us. the very at least, they deserve to be community care is funded. It could My responsibility, as the final time treated with respect and appreciation cause cuts to programs across the Fed- that I will stand here to talk about for their service and their sacrifice. eral Government, including programs how we fund Choice and how we get To all our veterans: God bless you that help veterans with job training, going for long-term sustainability, is and God bless America. I salute you. employment assistance, or veterans to ask us to just put in—and we had a Mr. WALZ. Mr. Speaker, I thank the treatment courts. Even the expansion couple of amendments that could do gentleman from Texas for bringing in- of eligibility for caregiver assistance this—ask us with some capacity to be spiration to everybody in this body and for all veterans of all generations—a able to fix that cap piece in this and across the country. key part of this bill supported by ev- look for that long-term sustainability. Mr. Speaker, I yield 3 minutes to the eryone here—could face cuts if VA hits Mr. Speaker, I reserve the balance of gentleman from California (Mr. those spending caps. my time. TAKANO), the vice ranking member of Now, all of us here, it is the job of Mr. ROE of Tennessee. Mr. Speaker, I the House Committee on Veterans’ Af- this committee to be the authorizing yield 4 minutes to the gentleman from fairs. committee, so don’t get me wrong. I Texas (Mr. SAM JOHNSON), one of my Mr. TAKANO. Mr. Speaker, I thank am not going to put the pressure where personal heroes. One of the greatest Ranking Member WALZ for yielding me

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.069 H16MYPT1 H4042 CONGRESSIONAL RECORD — HOUSE May 16, 2018 the time and his steadfast leadership Mr. WALZ. Mr. Speaker, I yield an Samuel Johnson VA MISSION Act, on the Veterans’ Affairs Committee. He additional 30 seconds to the gentleman named in honor of three American vet- has been tireless in his support of vet- from California. eran heroes, and I urge my colleagues erans and their families. I am, like- Mr. TAKANO. I will reluctantly vote to vote ‘‘yes.’’ wise, inspired by the gentleman from for this bill today. Mr. WALZ. Mr. Speaker, I yield 4 Texas’ service to our country. I thank Mr. ROE of Tennessee. Mr. Speaker, minutes to the gentlewoman from Cali- him for his service. just for clarification, we have been fornia (Ms. BROWNLEY), my good friend, Mr. Speaker, the bill before us today under cap since 2011. The VA budget the ranking member of the Sub- is the culmination of years of ongoing has grown exponentially since then. We committee on Health. discussion about how to guarantee vet- have always done the right thing for Ms. BROWNLEY of California. Mr. erans have timely access to quality our Nation’s heroes and will continue Speaker, I thank the gentleman from care. It streamlines existing programs to do that. Minnesota for yielding, and I thank that allow veterans to get care in the Mr. Speaker, it is my privilege to him, also, for his leadership on the community, creates a process for align- yield 2 minutes to the gentleman from committee. ing VA facilities to meet the changing Ohio (Mr. WENSTRUP), my good friend. Mr. Speaker, I rise today in support needs of the veteran population, and it He served until he recently moved to a of the VA MISSION Act because it expands the Caregiver Support Pro- different committee, as chairman of makes significant improvements to the gram to all veterans. the Health Subcommittee. He has been VA that our Nation’s veterans have an active member of the Veterans’ Af- b 1615 long been asking for, which will help fairs Committee and has been a very deliver better care to the 9 million vet- It should come as no surprise that I valued member. erans enrolled in the VA. have serious concerns with this bill. I Mr. WENSTRUP. Mr. Speaker, I am While I recognize that this bill is not voted against it when it was reported humbled to follow SAM JOHNSON here at a perfect one, my mission and the Vet- out of committee to signal that it is this podium. I have been in Congress 6 erans’ Affairs Committee’s mission has not a perfect bill and that there are years, and to think that he spent 7 always been to provide better access to still improvements to be made. years incarcerated as a POW. high-quality care for our Nation’s vet- One of my biggest concerns has to do Mr. Speaker, I rise in support of the erans, and this bill advances that goal with funding. In that regard, I share VA MISSION Act. This legislation is in a few very important ways. the concern of the ranking member. about keeping our promises to those First, the VA MISSION Act consoli- While previous funding for Choice came who safeguard our freedoms. from emergency mandatory funding, As a member of the Army Reserve dates the various community care pro- moving forward, the program will re- and a doctor in the Army, I am all too grams, which will make it easier for ceive discretionary funding and could familiar with the challenges plaguing veterans to use and for providers to break the budget caps that trigger se- the VA today. In 2014, America wit- participate in. questration. nessed the heartbreaking results of The bill also expands the caregiver That is why I offered an amendment hidden VA wait lists, and Congress program, which is critical for improv- at the Rules Committee last night that quickly responded with the Veterans ing outcomes and quality of life for our guaranteed that moving community Choice Program to ensure that no vet- veterans. This has been a key priority care funding to the discretionary side eran was kept from care. Now, with the for our Nation’s veterans service orga- wouldn’t count against the bipartisan leadership of Chairman ROE, we are de- nizations for years. budget caps we agreed to just a few livering a lasting solution to get our Community nursing homes are five short months ago. It would help guar- deserving veterans the care that they times more expensive than the average antee that we continue to keep our have earned and enacting real reforms cost of the caregiver program. Expand- promises to veterans by funding the for the VA to succeed in the 21st cen- ing the caregiver program will save the full range of supports and benefits that tury. VA and taxpayers money in the long they are owed. This bill will improve and streamline run, all the while allowing veterans to Unfortunately, that amendment was the VA’s community care programs, receive quality care and better care at not made in order for us to consider on those outside the walls of the VA, into home from the people they trust the the floor today. Without this critical one cohesive program and give a pa- most. amendment, I am concerned we will be tient and their doctor more say in the The bill also makes important im- facing difficult choices, and I fear that process. This will create a nonpartisan, provements to community care eligi- veterans will ultimately pay the price, transparent process to review the VA’s bility, which are more closely aligned and I mean that in a literal sense. infrastructure assets, in line with the with the veterans’ needs rather than I have concerns about the process recommendation from the Commission the arbitrary criteria currently in that brought us here today. I think on Care. place. this bill needs a greater emphasis on This bill will expand the VA’s post-9/ Finally, I am planning to vote ‘‘yes’’ building the VA’s capacity, its internal 11 caregiver program to all eras of vet- because time is of the essence. As you capacity, to provide veterans the spe- erans. may know, the acting VA Secretary re- cialized care that many of them need. The VA MISSION Act also includes cently informed Congress that the We need to do more to recruit and re- my legislation, the VA Provider Equity Choice account will run out of funds by tain the best providers to care for our Act, which aims to enhance the ability the beginning of June, meaning tens of veterans. of the VA to recruit and retain in-de- thousands of veterans could lose access I wish that there were more guard- mand surgical specialists, due, in part, to community care in a few short rails in place as we begin asset realign- to increased use of IEDs in the last dec- weeks. The VA MISSION Act will en- ment, and I wish that we had a strong ade of war. sure that this does not happen, which VA leadership in place before moving Mr. Speaker, if we don’t act by May is another reason why the legislation is forward with sweeping reforms. But, at 31, 2018, the funding for the Veterans supported by 39 veterans service orga- the end of the day, Mr. Speaker, I real- Choice Program will run out, and vet- nizations. ize we can’t keep doing emergency erans across America will be unable to With that said, I fully recognize that patches to fund community care. We access healthcare. the bill’s approach to realigning facili- can’t continue to look veterans in the Finally, I want to extend my sincere ties, in my opinion, is flawed. eye when we don’t offer caregiver sup- thanks and gratitude for the tireless I also share the ranking member’s port services just because they served work of the entire VA Committee staff, concerns about the budget caps. Reim- in an era before 9/11. That is why I will and specifically Christine Hill and posing the sequester would be dev- reluctantly vote in favor of this bill Samantha Gonzalez, for the countless astating for the VA and for other Fed- today. hours that they have put in to getting eral discretionary programs. This is a The SPEAKER pro tempore (Mr. this across the finish line. real issue that must be addressed. MITCHELL). The time of the gentleman Mr. Speaker, I am proud to sponsor Since I have been in Congress, we has expired. the John McCain, Daniel Akaka, and have raised budget caps three times in

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.070 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4043 a bipartisan manner. We can and we Mr. WALZ. Mr. Speaker, could I in- prove our existing facilities, but Gran- must do so again in order to avoid dev- quire how much time I have remaining. ite State veterans need more, and I astating cuts to programs our constitu- The SPEAKER pro tempore. The gen- hope this bill will further empower the ents depend on. tleman from Minnesota has 151⁄2 min- VA to expand services in Manchester As the ranking member noted, during utes remaining. The gentleman from and across our State. the committee markup, Democrats Tennessee has 101⁄4 minutes remaining. Recent experiences has shown that tried to fix this issue, but his amend- Mr. WALZ. Mr. Speaker, I yield 3 the VA’s ability to accurately assess ment was voted down. Today, our new minutes to the gentlewoman from New the needs of the veterans’ population is colleague from Pennsylvania also has Hampshire (Ms. KUSTER), my good in doubt. I remain committed to ensur- offered legislation to address this issue, friend, the ranking member of the Sub- ing that the VA can paint an accurate which I supported, but the House did committee of Oversight and Investiga- picture of veterans’ needs, especially not adopt it. tions. veterans living in rural America. Too While I am disappointed that the Ms. KUSTER of New Hampshire. Mr. often, our veterans in rural America budget cap issue has not yet been fully Speaker, today I rise to speak as a co- have seen promised infrastructure ex- addressed, I plan to vote for the VA sponsor of the VA MISSION Act. I ap- pansion stripped away from them. I MISSION Act today. It is past that preciate the work of Chairman ROE and urge the veterans service organizations time. Congress must take action to Ranking Member WALZ in putting this community to continue to work with consolidate the community care pro- bill together. This bill is almost unani- us to keep the VA honest. grams and to expand the caregiver pro- mously supported by the veterans serv- b 1630 gram. ice organization community. Mr. Speaker, I urge my colleagues to I am proud to cosponsor this legisla- Mr. ROE of Tennessee. Mr. Speaker, also support the bill. tion because it will enact needed re- it is my great honor to welcome Ms. Mr. ROE of Tennessee. Mr. Speaker, I forms to the Veterans Choice Program KUSTER back. She has been out for a yield 2 minutes to the gentleman from and finally extend benefits to family little bit due to some work, and I am Florida (Mr. BILIRAKIS), the vice chair caregivers for veterans of all eras. glad to see her back on the floor. of the committee and a tireless worker I am pleased that the committee re- Mr. Speaker, I yield 2 minutes to the on the Veterans’ Affairs Committee. tained provisions that Senator SUL- gentleman from Maine (Mr. POLIQUIN), Mr. BILIRAKIS. Mr. Speaker, what LIVAN of Alaska and I fought for that my good friend and a very active mem- an honor it is, an honor and a privilege, would recognize the unique access ber of the Veterans’ Affairs Committee. to serve with Mr. SAM JOHNSON, a true issues for States that lack a full-serv- Mr. POLIQUIN. Mr. Speaker, I thank American hero. ice VA hospital. While I will continue the chairman for yielding. Mr. Speaker, I rise today in support Mr. Speaker, this is a great day, a of S. 2372, the VA MISSION Act, which to fight for improved and expanded facilities at our Manchester, New Hamp- great week for America. Here we are will provide significant reforms and celebrating not only our great vet- improvements to the Veterans Choice shire, VA Medical Center, it is impor- erans, who have given us our freedom Program. tant to recognize that we have unique and our way of life, but also our great Since its implementation, the Vet- challenges in New Hampshire where we erans Choice Program has served over do not have a full-service hospital. police officers, who stand between our- 1.7 million unique veterans seeking I also want to speak to this: the pro- selves and a more chaotic environment. timely and high-quality healthcare for visions that expand the caregiver bene- We are grateful for everybody that their physical and invisible wounds. Al- fits provided to post-9/11 veterans to steps up, not only our men and women though progress has been made, there veterans of all eras are necessary and in uniform who have represented us, is more work to be done to ensure we long overdue. but also our men and women in blue. balance resources from community I have heard repeatedly from Granite Mr. Speaker, I represent the Second care and the VA healthcare system. State veterans of eras prior to the Congressional District of the great The VA MISSION Act will streamline global war on terror that the dif- State of Maine. This is the largest geo- and consolidate the Veterans Choice ferences and benefits are simply unfair. graphic district east of the Mississippi Program with the other duplicative VA The way these benefits are currently River. We have an 8-hour drive if you community care programs to create structured essentially pits veterans go from Fryeburg to Van Buren over one new cohesive Veterans Community against veterans. That is unacceptable. beautiful country roads, all kinds of Care Program. This new program al- I thank Chairman ROE for working critters in the roads, including moose, lows eligible veterans to seek care with us on finding a way forward for so you have got to be careful when you from non-VA providers in the commu- family caregiver benefits. I am sure are driving, but let me tell you, we also nity if the VA is not providing the thousands of Granite State veterans have 125,000 veterans in the State of quality care the veterans deserve, and will agree. Maine, more than half of which, Mr. timely care. It also requires access to While this bill embodies the kind of Speaker, are in the Second District. community providers if the veteran bipartisanship for which our com- We love our veterans in the State of and doctor believe it is in the veteran’s mittee is well known, it is not perfect. Maine. We absolutely love our vet- best medical interest to seek such care. As the ranking member of the Over- erans. We honor them, but we only Mr. Speaker, I thank Chairman ROE, sight and Investigations Sub- have, Mr. Speaker, one veterans hos- who did an outstanding job with this committee, I believe it is important to pital in the State of Maine. It is in bill, for his hard work on this bi- acknowledge parts of the bill that will Togus, the first VA Hospital in Amer- cameral, bipartisan piece of legisla- need continued oversight. I remain ica to take care of our veterans coming tion, which is the result of a long nego- committed to ensuring that the VA fol- back from the Civil War. But, you tiation process, where both sides of the lows through in a manner that befits know, if you live in Frenchville, Maine, aisle put aside differences and com- the veterans they serve. or you live in Van Buren, you might promised to strike a balance between Number one, the asset infrastructure have a 3-, 4-, or 5-hour drive to Togus each stakeholder. This is how Congress review portion of the bill is promising, at 2 o’clock in the morning when the should work. I am proud of the work but I have concerns that it will be in- snow is blowing sideways in February. that we have done on this committee. sufficient to accomplish its goals. The We need to make sure we give folks I want to thank the staff, as well. VA is in desperate need of improved fa- an opportunity—who served our coun- The committee ensured that we have a cilities and a realignment of facilities try—to get healthcare closer to them. great work product for our true Amer- to better serve veterans’ needs. It just makes sense. ican heroes. Again, I want to thank the In my own State of New Hampshire, Now, a lot of people, Mr. Speaker, sponsors of the bill. the veterans of the North Country say, ‘‘Well, we don’t want to privatize Mr. Speaker, let’s have a great vote must rely on the Veterans Choice Pro- the VA.’’ Neither do I, and nobody for our true American heroes. Let’s gram, rather than have ease of access wants to, but it makes sense to make pass this VA MISSION Act and get it to services they would prefer. I am ensure we augment what they can do so to the Senate as soon as possible. couraged by the continued work to im- our veterans can get healthcare closer

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.072 H16MYPT1 H4044 CONGRESSIONAL RECORD — HOUSE May 16, 2018 to home, and that is exactly what this Mr. ROE of Tennessee. Mr. Speaker, I provided through the VA’s Program of program does. yield 2 minutes to the gentleman from Comprehensive Assistance for Family Now, one thing I have to mention to Florida (Mr. DUNN), my good friend, a Caregivers. you, Mr. Speaker, is that some of our U.S. Army veteran, and an active mem- Family caregivers provide loving and rural hospitals who have contracted ber of the Veterans’ Affairs Committee. essential care at home for our injured with the VA and provided great serv- Mr. DUNN. Mr. Speaker, I thank the veterans, from bathing and dressing, ices to our veterans have not been get- chairman for yielding. housework and transportation, to ad- ting paid on time. This is a real prob- Mr. Speaker, I rise today in support ministering physical and medical lem when you have got a small hospital of the VA MISSION Act of 2018. This therapies. that might not have bills paid for 1 to important legislation secures veterans’ Caregivers are true partners in the 2 years. ability to access quality healthcare delivery of healthcare to our veterans, The SPEAKER pro tempore. The and ensures that we are fulfilling our and it is important that we recognize time of the gentleman has expired. promise to care for them following their tremendous service and their Mr. ROE of Tennessee. Mr. Speaker, I their service to our Nation. worth. yield an additional 15 seconds to the It builds on the success of the Choice In 2010, Congress wisely stepped up to gentleman. Program by streamlining community offer the family caregivers of veterans Mr. POLIQUIN. Mr. Speaker, we need care programs so a veteran can access support in performing these vital to make sure all of our rural hospitals care from a provider outside of the VA tasks, but the program was only made in the State of Maine and throughout when they need to. It also expands available to the family caregivers of the country get paid, and this bill says caregiver benefits for seriously injured post-9/11 veterans. if they are not paid within 30 days, pre-9/11 veterans and for their families. Clearly, those who served in World then interest starts accruing on that. The VA MISSION Act includes two War II, Korea, and Vietnam, and their This is a great win for our veterans, healthcare initiatives from legislation families are deserving of the same re- for our small community hospitals that I have introduced that protects spect and support. that need to stay open for everybody, That is why, since being elected to our veterans receiving organ trans- and for this country. Congress, I have authored legislation plants and also helps with the opioid Mr. WALZ. Mr. Speaker, I yield 3 in every session to expand this assist- crisis. minutes to the gentleman from Cali- ance for family caregivers to pre-9/11 Currently, there are only 13 facilities fornia (Mr. CORREA), my good friend veterans. and a member of the House Committee in the Nation where a veteran may re- Today, this Congress has the oppor- on Veterans’ Affairs, who also served a ceive a transplant in the VA healthcare tunity to honor and support veterans of very long time in the California Senate system, and none of these facilities all service eras by voting for this excel- serving veterans there. performs all types of transplants. lent bill. Mr. CORREA. Mr. Speaker, I rise Timely organ transplants are often the Mr. Speaker, I thank Congressman today in support of S. 2372, the VA difference between life and death. RYAN COSTELLO for leading with me on MISSION Act. The transplant language from my bill these important caregiver issues. I Mr. Speaker, I support the VA MIS- included in the VA MISSION Act elimi- thank the chairman and the ranking SION Act because it will improve ac- nates the roadblocks that veterans face member for their hard work on includ- cess to timely care for all our veterans and increases the access to care for our ing this vital provision in the VA MIS- through consolidation and reform of veterans, the care that they have SION Act. the various care and community pro- earned by their service to our Nation. Mr. Speaker, it is time that we treat grams and through expansion of the We are also fighting the opioid epi- our injured veterans of all eras equally caregiver program. demic among veterans. My legislative by expanding the VA caregivers pro- Like my colleague from Maine said, initiative increases transparency in gram to all injured veterans. in California, we are the proud home to opioid prescribing at the VA by allow- I do want to note that I share the the largest number of veterans in the ing doctors to identify high users of ranking member’s concerns with the United States, and we want more of controlled drugs who are therefore at long-term sustainability of this pro- them in California. risk for addiction. My language in the gram. Congress will have to work Let me say that I know there may be VA MISSION Act instructs the VA to closely with the VA as this expanded some issues with this legislation, but do what most private doctors already community care program is imple- at the end of the day, I have got to ask do: connect to the prescription drug mented to ensure that this program is myself, is this about Wall Street or is monitoring databases nationwide so sustainable without cuts to other vet- this about the beltway? No. This is that no one slips through the cracks. erans or other important domestic pro- about Main Street, Main Street Santa Mr. Speaker, we are standing up and grams. Ana, Anaheim, Orange County, Cali- fighting for those who fought for our The bill we are considering today will fornia. freedoms. As a surgeon and a veteran, ensure that our veterans are getting This VA MISSION Act is supported I believe the VA MISSION Act is good the care they need when they need it, by 38 veteran and military service medicine and good public policy. but in addition to timely care, we must groups, including The American Le- Mr. Speaker, I urge all of my col- ensure that veterans have access to gion. leagues to support this important leg- quality care. As we send veterans out- One of my constituents, Ken George, islation. side the VA system to private medical the District 29 Commander of the De- Mr. WALZ. Mr. Speaker, I yield 4 providers, we need to ensure that these partment of California American Le- minutes to the gentlewoman from Con- doctors and other healthcare profes- gion, represents more than 8,000 Amer- necticut (Ms. ESTY), my good friend, sionals are capable of delivering the ican Legion members in Orange Coun- the ranking member of the Sub- quality care that each and every one of ty, he called me and he said: If Con- committee on Disability Assistance our veterans deserves. gress wants to help veterans and care- and Memorial Affairs. So, while I applaud the expansion of givers, there is no better way than to Ms. ESTY of Connecticut. Mr. Speak- care in this bill, I am concerned about support this legislation. er, I thank the gentleman for yielding. the potential for fraud, waste, and As Ken said, the bill will help vet- Mr. Speaker, I rise today in support abuse as VA begins to send many more erans and caregivers through expansion of the VA MISSION Act of 2018. I am veterans outside the VA system to pri- of benefits available to our caregivers proud to support the VA MISSION Act vate medical providers. That is why it of veterans of all eras. of 2018, especially because of its impor- is vital that Congress remain engaged Mr. Speaker, I urge passage of this tant expansion of support for family with the implementation of this pro- legislation. Yes, there are some issues caregivers of veterans of all service gram to make sure that our veterans there, but at the end of the day, if you eras. are receiving high-quality healthcare listen to our veterans, our friends, and Since my first days in Congress, I from qualified providers and that we in neighbors, the folks we represent, this have heard from veterans and their Congress are being careful stewards of is an ‘‘aye’’ vote. caregivers about the important support the taxpayer dollars.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.074 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4045 Mr. Speaker, I again thank the gen- These provisions expand the tools the would say that is a pretty impressive tleman for yielding, and I thank the VA can use to recruit and retain qual- resume of accomplishments, going chairman and ranking member for ity providers by requiring the use of back to the Forever GI Bill, appeals re- their leadership. scholarships and improving and ex- form, Clay Hunt Suicide, as just a few, Mr. Speaker, I am proud to serve on panding the loan repayment system and then this piece of legislation. The this committee with such extraor- that targets newly graduated medical gentleman’s work and tenacity for vet- dinary public servants who share a students. erans, Mr. Speaker, is second to none. commitment to serving those who have Mr. WALZ. Mr. Speaker, I reserve the His dignity and respect for all Members been willing to put their lives on the balance of my time. of this House in the process is leg- line to defend our freedom. It has been Mr. ROE of Tennessee. Mr. Speaker, I endary. a pleasure and an honor serving with yield 3 minutes to the gentleman from And for giving this space today for us them. Michigan (Mr. BERGMAN), a lieutenant to talk about and debate on this floor Mr. Speaker, I congratulate everyone general and an incredibly valued mem- our shared values, compromise dis- on their hard work in bringing this ber of our committee. agreements, but always with the goal bill, admittedly not perfect but very Mr. BERGMAN. Mr. Speaker, I thank that we are in this together, that is important, forward for our consider- the chairman for his tireless effort, created by an atmosphere of leader- ation, and I urge my colleagues to along with the committee staff, to ship. It is created by an atmosphere of adopt it when we have the opportunity highlight that the House Veterans’ Af- respecting our democratic process. It is to vote later today. fairs Committee is truly how a con- understanding that this is not about Mr. ROE of Tennessee. Mr. Speaker, I gressional committee is supposed to gotcha, who is this and who is that. It yield 2 minutes to the gentleman from operate: together. is about looking at what is possible. Florida (Mr. RUTHERFORD), a very ac- b 1645 So I congratulate the gentleman for tive member of the Veterans’ Affairs putting together a piece of legislation The name of the act is the VA MIS- Committee. that serves so many veterans. It has SION Act. Any member of the military Mr. RUTHERFORD. Mr. Speaker, I the support of so many folks, and al- understands that mission accomplish- thank the chairman for this oppor- lowing me on this last opportunity to ment is always first, and with this VA tunity, and I thank Ranking Member express those long-term concerns to MISSION Act of 2018, what you are WALZ for such bipartisan support and make sure we don’t undermine that, I going to see is some extremely impor- work on this bill. I am very proud to am forever grateful for that. tant elements in accomplishing that serve on this committee because of the I appreciate the comments and the long-term mission of providing results kind of work that goes on here under gentleman from Michigan talking for the veterans. the leadership of Chairman ROE. The community care improvement about the capacity inside the VA, too. Mr. Speaker, I am proud to cosponsor consolidates seven duplicative commu- We have got incredible providers there this bill. I can tell you, since coming to nity care programs into one cohesive serving veterans every day, and many Congress, I have had the distinct honor program. It removes arbitrary one-size- of them veterans themselves. I know of serving with Dr. ROE, our chairman, fits-all parameters in the Choice Pro- his commitment to making sure they and colleagues on the House Veterans’ gram. have the resources necessary to do Affairs Committee, and during this Previously, the Choice Program lim- their job. It is a priority. time, we on the committee have heard ited accessing care to convenient and I think the concern that I am show- from veterans services organizations, affordable. It wasn’t good enough. The ing on the budget gap is just to make from the Veterans Administration, and VA MISSION Act provides Choice fund- sure that we don’t pick one over the from veterans themselves about the ing shortfalls, ensuring that the 1-year other or where veterans care is. And, as challenges in the VA healthcare sys- funding bridge is complete so that the I said, again, if it were left on the tem. veterans have a continuity of care dur- shoulders of the chairman to ensure We have learned about the barriers to ing the implementation of the new pro- that would happen, I would sleep well timely care, the troubling provider gram. at night. I just worry that when we shortage, also the lack of prompt pay- It also provides for the Asset and In- don’t codify these things, when we ment to our community providers, and frastructure Review. This transforms have the uncertainty in the VA right so many other issues. the VA from relying on outdated inpa- now, that is where my concern came I am proud to say that I believe this tient facilities to more modern facili- from, but not from this process, not is, in the words of 38 VSOs who wrote ties meant for outpatient care of the from an openness, not from a commit- in strong support of this legislation, future that includes delivery through ment, and not from the gentleman’s truly a ‘‘historic opportunity to im- telehealth, through different and willingness to get this thing across the prove the lives of veterans, their fami- unique circumstances that our vet- finish line. lies, and their caregivers.’’ erans expect and deserve today. Mr. Speaker, I yield back the balance That is one reason I am very proud to The VA is one of the Federal Govern- of my time. be on this committee. I think this is a ment’s largest property holders and Mr. ROE of Tennessee. Mr. Speaker, I historic move. needs to make sure that its resources yield myself the balance of my time. It is our duty as legislators and as aren’t wasted keeping lights on in un- Mr. Speaker, I want to thank every- Americans to ensure that our veterans used buildings. Those limited resources one who was involved in this process, receive the best care possible. This bill need to be focused on the veterans. beginning with the staff, who have accomplishes that by streamlining And finally, the caregiver expansion, been heavily involved in this. Both the community care programs; improving this VA MISSION Act expands care- Republican side and Democratic side access to timely care; funding the giver support to both pre- and post-9/11 worked for the last, really, almost 18 Choice Program; and, until this new veterans. That is essential and long months. program can be implemented, creating overdue. I want to thank our Senate col- a fair access review process, greatly ex- When you reform the VA and allow leagues on the other side of this Cap- panding the VA caregiver program, and for greater veteran choices but do itol who worked very hard and the improving VA’s own in-house capacity. not—and I repeat, do not—privatize, hours that went into this. The real One item that I would like to thank this is making the VA the best it needs winners here are our Nation’s heroes, the leaders in both Chambers for, but to be going forward in support of our the veterans. especially Dr. ROE and his staff and the veterans. This VA MISSION Act does a com- White House, is including in this lan- Mr. Speaker, I again thank the chair- munity care where veterans can get guage on provider recruitment and re- man for his efforts. high-quality care both inside the VA tention within the VA, sections 301, Mr. WALZ. Mr. Speaker, I yield my- and out when the VA can’t do that. We 303, and 304 of this bill, which is lan- self the balance of my time. have heard speakers down here from guage that I had asked to have placed Mr. Speaker, again, to the chairman, areas that don’t have a VA hospital. in there. I am not writing his eulogy here, but I They absolutely rely on that.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.075 H16MYPT1 H4046 CONGRESSIONAL RECORD — HOUSE May 16, 2018 I was in Oregon a few months ago and b 1653 unrivaled in world history are the ones realized that some veterans had to IN THE COMMITTEE OF THE WHOLE hit hardest and first by Mother Nature. drive 5 hours to a VA facility. They Accordingly, the House resolved A second reason for the current con- need the community care bill in their itself into the Committee of the Whole dition is another factor totally beyond community. We provide the funding for House on the state of the Union for the the control of our farm and ranch families: the predatory trade practices of that bill to bridge us over until the consideration of the bill (H.R. 2) to pro- foreign countries. For the sake of brev- new Secretary implements that. vide for the reform and continuation of ity, I will offer just one example. We have a caregiver. I am a Vietnam- agricultural and other programs of the era veteran, and I have seen many In just 1 year, China oversubsidized Department of Agriculture through fis- just three crops by more than $1 bil- catastrophically injured Vietnam vet- cal year 2023, and for other purposes, erans whose families struggled for dec- lion. To put that in perspective, the en- with Mr. MITCHELL in the chair. tire safety net for all of our farmers ades. 520-plus Vietnam veterans are The Clerk read the title of the bill. and ranchers under this farm bill is ex- dying every day. It is time we imple- The CHAIR. Pursuant to the rule, the pected to cost just 64 percent of the ment this bill and get these needed bill is considered read the first time. amount China spent on illegal sub- benefits to those World War II and vet- The gentleman from Texas (Mr. CON- sidies in just 1 year on just three crops. erans up to 9/11. AWAY) and the gentleman from Min- Mr. Chairman, the global market is We need to rightsize the VA. nesota (Mr. PETERSon) each will con- awash with high and rising foreign sub- Healthcare is not provided like it used trol 30 minutes. sidies, tariffs, and nontariff trade bar- to be. It has become much more sophis- The Chair recognizes the gentleman riers, and these are hurting American ticated and streamlined. And out- from Texas. farmers and ranchers. patient, the VA needs to get to be able Mr. CONAWAY. Mr. Chairman, I So what do we do about that? We to do that also. That is what the AIR yield myself such time as I may con- Act is about. We are increasing the in- heed the call of the President of the sume. United States and the Secretary of Ag- ternal capacity so we can train and get Mr. Chairman, I rise today in strong new clinicians and providers in. riculture to pass this farm bill. support of H.R. 2, the Agriculture and No, this farm bill is not a cure for all The speaker, SAM JOHNSON, who Nutrition Act of 2018, more commonly that ails rural America and our farm- spoke a minute ago, said it all. We known as the farm bill. I do so, proud- should be able to look at that hero, ers and ranchers, but this farm bill ly, because I still believe that rural does provide a safety net to see them who is a true American hero, and listen America and our farm and ranch through the hard times. to his speech, which brought tears to familles are the backbone of this coun- For my colleagues interested in the my eyes, and vote for this bill. try. budgetary impacts of this farm bill, Mr. Speaker, I yield back the balance Our farmers and ranchers ensure that H.R. 2 keeps faith with taxpayers, with of my time. Americans across this great country The SPEAKER pro tempore (Mr. CBO now projecting more than $112 bil- pay the lowest grocery bills in the lion in savings, nearly five times what RUTHERFORD). All time for debate has world. They also hand us a rare trade expired. was pledged back in 2014. surplus, while creating 21 million There are many other aspects of this Pursuant to House Resolution 891, American jobs. the previous question is ordered on the farm bill, but I will just briefly touch In the heartland, agriculture is the on three. bill, as amended. lifeblood of the economy. When agri- The question is on the third reading First, Secretary Perdue has shown culture does well, Main Street does great leadership on two particular of the bill. well; and when agriculture is suffering, The bill was ordered to be read a issues that are extremely important to so is Main Street. third time, and was read the third rural America: the opioid epidemic But beyond the economic contribu- that is ravaging rural America needs time. tions, rural America and our Nation’s The SPEAKER pro tempore. The an aggressive, effective response, and farmers and ranchers are imbued with question is on the passage of the bill. the lack of broadband in many parts of The question was taken; and the the values that I cherish deeply: the rural America puts farmers and ranch- Speaker pro tempore announced that values of faith, family, God, country, ers in rural communities at a terrible the ayes appeared to have it. and duty; of neighbor helping neighbor, disadvantage. The Secretary is deter- Mr. ROE of Tennessee. Mr. Speaker, I hard work, and personal responsibility. mined to tackle these problems and has demand a recorded vote. In short, Mr. Chairman, rural Amer- asked for the tools he needs to make it The Speaker pro tempore. Pursuant ica and our Nation’s farmers and happen. This farm bill provides those to clause 8 of rule XX, further pro- ranchers make America great. I expect tools. ceedings on this question will be post- that is why the President of the United Second, it is no secret that we do not poned. States strongly supports this farm bill have a bipartisan farm bill process at and urges passage. this moment, and that I deeply regret. f Times are not good right now in the Ultimately, Democrats and Repub- AGRICULTURE AND NUTRITION heartland. Our Nation’s farmers and licans chose to agree to disagree on the ACT OF 2018 ranchers are struggling in the midst of question of whether work-capable GENERAL LEAVE a 5-year recession, with no end in sight. adults should work or get free job Mr. CONAWAY. Mr. Speaker, I ask Net farm income has been cut in half training for 20 hours per week in order unanimous consent that all Members over this period of time. As a result, to be eligible for SNAP. may have 5 legislative days within rural America is not partaking in the I respect my colleagues on the other which to revise and extend their re- economic recovery that urban counter- side of the aisle, but I do want to be marks and include extraneous material parts are experiencing. clear about something: This farm bill on H.R. 2. There are many reasons behind the in no way, shape, or form disrespects The SPEAKER pro tempore. Is there hard times in farm and ranch country. Americans who depend on SNAP. To objection to the request of the gen- I will briefly discuss two. the contrary, the farm bill keeps faith tleman from Texas? In my hometown of Midland, Texas, with SNAP beneficiaries, providing There was no objection. we have received 1 inch of rain over the needed benefits and something more— The SPEAKER pro tempore. Pursu- last 195 days. Drought is ravaging my the dignity that comes with work and ant to House Resolution 891 and rule State. Last year, we saw record losses the promise of a better life that a job XVIII, the Chair declares the House in due to hurricanes and wildfires. And to brings. I want these Americans to real- the Committee of the Whole House on the north, in the ranking member’s ize the American Dream. the state of the Union for the consider- home State, farmers are struggling to Finally, in closing, I want to note ation of the bill, H.R. 2. get into the fields to plant, although it that there is a cottage industry in this The Chair appoints the gentleman is the middle of May. The fact is the town that is determined to defeat this from Michigan (Mr. MITCHELL) to pre- men and women who clothe and feed us farm bill. They want this House to ig- side over the Committee of the Whole. in a manner that is absolutely nore the realities of Mother Nature and

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.077 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4047 the predatory trade practices of foreign HOUSE OF REPRESENTATIVES, Representatives in an expeditious manner, countries and turn our back on farm COMMITTEE ON THE JUDICIARY, and accordingly, the Committee on Trans- and ranch families struggling to hang Washington, DC, May 1, 2018. portation and Infrastructure will forego ac- on in the face of these hard times. Hon. K. MICHAEL CONAWAY, tion on the bill. However, this is conditional Mr. Chairman, that should not hap- Chairman, Committee on Agriculture, on our mutual understanding that foregoing Washington, DC. consideration of the bill does not prejudice pen on our watch. I urge my colleagues DEAR CHAIRMAN CONAWAY: I write with re- the Committee with respect to the appoint- to stand by the hardworking families spect to H.R. 2, the ‘‘Agriculture and Nutri- ment of conferees or to any future jurisdic- that put food on our tables and clothes tion Act of 2018.’’ As a result of your having tional claim over the subject matters con- on our backs and still live every day by consulted with us on provisions within H.R. tained in the bill or similar legislation that the values that made this country 2 that fall within the Rule X jurisdiction of fall within the Committee’s Rule X jurisdic- truly great. Let’s stand up for rural the Committee on the Judiciary, I forego tion. Lastly, should a conference on the bill America. Let’s pass this farm bill. any further consideration of this bill so that be necessary, I request your support for the I reserve the balance of my time. it may proceed expeditiously to the House appointment of conferees from the Com- floor for consideration. mittee on Transportation and Infrastructure HOUSE OF REPRESENTATIVES, The Judiciary Committee takes this action during any House-Senate conference con- COMMITTEE ON AGRICULTURE, with our mutual understanding that by fore- vened on this or related legislation. Washington, DC, April 30, 2018. going consideration of H.R. 2 at this time, we I would ask that a copy of this letter and Hon. ROB BISHOP, do not waive any jurisdiction over subject your response acknowledging our jurisdic- Chairman, Committee on Natural Resources, matter contained in this or similar legisla- tional interest as well as the mutually Washington, DC. tion and that our committee will be appro- agreed upon changes to be incorporated into DEAR CHAIRMAN BISHOP: I appreciate your priately consulted and involved as this bill the bill be included in the Congressional support in bringing this legislation before or similar legislation moves forward so that Record during consideration of the measure the House of Representatives, and accord- we may address any remaining issues in our on the House floor, to memorialize our un- ingly, understand that the Committee on jurisdiction. Our committee also reserves derstanding. Natural Resources will forego action on the the right to seek appointment of an appro- I look forward to working with the Com- bill. priate number of conferees to any House- mittee on Agriculture as the bill moves The Committee on Agriculture concurs in Senate conference involving this or similar through the legislative process. the mutual understanding that by foregoing legislation and asks that you support any Sincerely, consideration of the bill at this time, the such request. BILL SHUSTER, Committee on Natural Resources does not I would appreciate a response to this letter waive any jurisdiction over the subject mat- confirming this understanding with respect Chairman. ter contained in this bill or similar legisla- to H.R. 2 and would ask that a copy of our HOUSE OF REPRESENTATIVES, tion in the future. In addition, should a con- exchange of letters on this matter be in- COMMITTEE ON AGRICULTURE, ference on this bill be necessary, I would sup- cluded in the Congressional Record during port your request to have the Committee on floor consideration of H.R. 2. Washington, DC, May 2, 2018. Hon. BILL SHUSTER, Natural Resources represented on the con- Sincerely, Chairman, Committee on Transportation and ference committee. BOB GOODLATTE, Infrastructure, Washington, DC. I will insert copies of this exchange in the Chairman. Congressional Record during Floor consider- DEAR CHAIRMAN SHUSTER: Thank you for your letter regarding H.R. 2, Agriculture and ation. I appreciate your cooperation regard- HOUSE OF REPRESENTATIVES, Nutrition Act of 2018. I appreciate your sup- ing this legislation and look forward to con- COMMITTEE ON AGRICULTURE, port in bringing this legislation before the tinuing to work the Committee on Natural Washington, DC, May 1, 2018. House of Representatives, and accordingly, Resources as this bill moves through the leg- Hon. BOB GOODLATTE, understand that the Committee on Transpor- islative process. Chairman, Committee on the Judiciary, tation and Infrastructure will forego action Sincerely, Washington, DC. on the bill. K. MICHAEL CONAWAY, DEAR CHAIRMAN GOODLATTE: Thank you for The Committee on Agriculture concurs in Chairman. your letter regarding H.R. 2. I appreciate the mutual understanding that by foregoing your support in bringing this legislation be- consideration of the bill at this time, the HOUSE OF REPRESENTATIVES, fore the House of Representatives, and ac- Committee on Transportation and Infra- COMMITTEE ON NATURAL RESOURCES, cordingly, understand that the Committee Washington, DC, April 30, 2018. on the Judiciary will forego action on the structure does not waive any jurisdiction over the subject matter contained in this bill Hon. K. MICHAEL CONAWAY, bill. Chairman, Committee on Agriculture, The Committee on Agriculture concurs in or similar legislation in the future. In addi- Washington, DC. the mutual understanding that by foregoing tion, should a conference on this bill be nec- DEAR MR. CHAIRMAN: I have received your consideration of the bill at this time, the essary, I would support your request to have letter regarding H.R. 2, the Agriculture and Committee on the Judiciary does not waive the Committee on Transportation and Infra- Nutrition Act of 2018, which contains provi- any jurisdiction over the subject matter con- structure represented on the conference sions within the jurisdiction of the Com- tained in this bill or similar legislation in committee. mittee on Natural Resources. the future. In addition, should a conference I will insert copies of this exchange in the In the interest of permitting you to pro- on this bill be necessary, I would support Congressional Record during Floor consider- ceed expeditiously to floor consideration of your request to have the Committee on the ation. I appreciate your cooperation regard- this very important bill, I will not seek a re- Judiciary represented on the conference ing this legislation and look forward to con- ferral of H.R. 2. I do so with the under- committee. tinuing to work the Committee on Transpor- standing that the Natural Resources Com- I will insert copies of this exchange in the tation and Infrastructure as this bill moves mittee does not waive any future jurisdic- Congressional Record during Floor consider- through the legislative process. tional claim over the subject matter con- ation. I appreciate your cooperation regard- Sincerely, tained in the bill that fall within its Rule X ing this legislation and look forward to con- K. MICHAEL CONAWAY, jurisdiction. Further, I appreciate the work tinuing to work the Committee on the Judi- Chairman. between our committees on forest manage- ciary as this bill moves through the legisla- ment and look forward to working with you tive process. HOUSE OF REPRESENTATIVES, COM- to build upon the important provisions with- Sincerely, MITTEE ON EDUCATION AND THE in Title VIII of the bill as it moves through K. MICHAEL CONAWAY, WORKFORCE, the legislative process. I also appreciate Chairman. Washington, DC, May 2, 2018. your support to name members of the Nat- Hon. K. MICHAEL CONAWAY, ural Resources Committee to any conference COMMITTEE ON TRANSPORTATION AND Chairman, Committee on Agriculture, committee to consider such provisions and INFRASTRUCTURE, HOUSE OF REP- House of Representatives, Washington, DC. for inserting our exchange of letters on H.R. RESENTATIVES, WASHINGTON DC. DEAR MR. CHAIRMAN: I write to confirm our 2 into the Congressional Record during con- May 2, 2018. mutual understanding with respect to H.R. 2, sideration of the measure on the House floor. Hon. K. MICHAEL CONAWAY, the Agriculture and Nutrition Act of 2018. Congratulations on marshalling this monu- Chairman, Committee on Agriculture, Thank you for consulting with the Com- mental achievement through committee, and Washington, DC. mittee on Education and the Workforce with thank you again for the very cooperative I write concerning H.R. 2, the Agriculture regard to H.R. 2 on those matters within my spirit in which you and your staff have and Nutrition Act of 2018. This legislation in- committee’s jurisdiction, including provi- worked regarding this matter and many oth- cludes matters that fall within the Rule X sions relating to workplace safety, work reers between our respective committees. jurisdiction of the Committee on Transpor- quirements, and child nutrition. Sincerely, tation and Infrastructure. The Committee on Education and the ROB BISHOP, I recognize and appreciate your desire to Workforce will not delay further consider- Chairman. bring this legislation before the House of ation of this bill. However, I do so only with

VerDate Sep 11 2014 07:14 May 17, 2018 Jkt 079060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.079 H16MYPT1 H4048 CONGRESSIONAL RECORD — HOUSE May 16, 2018 the understanding this procedural route will Congressional Record during consideration voluntary conservation programs by not be construed to prejudice my commit- of H.R. 2 on the House floor. almost $800 million. It fails our next tee’s jurisdictional interest and prerogatives Sincerely, generation. It lacks mandatory funding on this bill or any other similar legislation EDWARD R. ROYCE, for scholarships at 1890 land grants. It and will not be considered as precedent for Chairman. consideration of matters of jurisdictional in- underfunds our programs for beginning terest to my committee in the future. HOUSE OF REPRESENTATIVES, farmers, and outreach to socially dis- I respectfully request your support for the COMMITTEE ON AGRICULTURE, advantaged farmers and ranchers. appointment of outside conferees from the Washington, DC, May 15, 2018. H.R. 2, also fails our energy inde- Committee on Education and the Workforce Hon. ED ROYCE, pendence goals. Aside from eliminating should this bill or a similar bill be consid- Chairman, Committee on Foreign Affairs, the entire energy title, the bill hobbles ered in a conference with the Senate. I also Washington, DC. renewable energy and energy efficiency request you include our exchange of letters DEAR CHAIRMAN ROYCE: Thank you for your letter regarding H.R. 2, Agriculture and efforts in rural communities by elimi- on this matter in the Committee Report for nating funding for the Rural Energy H.R. 2. Thank you for your attention to Nutrition Act of 2018. I appreciate your sup- these matters. port in bringing this legislation before the for America Program. Sincerely, House of Representatives, and accordingly, H.R. 2 fails the farmers, rural advo- VIRGINIA FOXX, understand that the Committee on Foreign cates, and consumers that we are here Chairwoman. Affairs will forego action on the bill. to represent on all of these fronts. But The Committee on Agriculture concurs in what is so incredibly frustrating for me the mutual understanding that by foregoing is, the failure of this process. HOUSE OF REPRESENTATIVES, consideration of the bill at this time, the COMMITTEE ON AGRICULTURE, Committee on Foreign Affairs does not waive Mr. Chair, I reserve the balance of Washington, DC, May 2, 2018. any jurisdiction over the subject matter con- my time. Hon. VIRGINIA FOXX, tained in this bill or similar legislation in Mr. CONAWAY. Mr. Chairman, I Chairwoman, Committee on Education and the future. In addition, should a conference would simply say for the record that Workforce, Washington, DC. on this bill be necessary, I would support all of the bill was negotiated—except DEAR CHAIRWOMAN FOXX: Thank you for your request to have the Committee on For- for the SNAP title—in good faith with your letter regarding H.R. 2, Agriculture and eign Affairs represented on the conference Nutrition Act of 2018. I appreciate your sup- my colleagues on the other side of the committee. aisle. Not once did they mention any- port in bringing this legislation before the I will insert copies of this exchange in the House of Representatives, and accordingly, Congressional Record during Floor consider- thing on many of these issues that understand that the Committee on Edu- ation. I appreciate your cooperation regard- were just brought up, but we did have cation and Workforce will forego action on ing this legislation and look forward to con- an agreement on those non-SNAP ti- the bill. tinuing to work the Committee on Foreign tles. It was a SNAP title, quite frank- The Committee on Agriculture concurs in Affairs as this bill moves through the legis- ly, that caused the rift. the mutual understanding that by foregoing lative process. Mr. Chair, I yield 3 minutes to the consideration of the bill at this time, the Sincerely, gentleman from Pennsylvania (Mr. Committee on Education and Workforce does K. MICHAEL CONAWAY, THOMPSON), my colleague, the chair- not waive any jurisdiction over the subject Chairman. matter contained in this bill or similar legis- man of the Nutrition Subcommittee. lation in the future. In addition, should a b 1700 Mr. THOMPSON of Pennsylvania. conference on this bill be necessary, I would Mr. PETERSON. Mr. Chair, I yield Mr. Chair, I thank the chairman of the support your request to have the Committee myself such time as I may consume. Agriculture Committee so much for on Education and Workforce represented on Mr. Chair, I rise today in opposition yielding, and for his tireless work on the conference committee. to H.R. 2, the Agriculture and Nutri- this important legislation in order to I will insert copies of this exchange in the support rural America and our most Congressional Record during Floor consider- tion Act of 2018. H.R. 2 is not a work product that I am proud of because it is vulnerable. ation. I appreciate your cooperation regard- Over the past 3 years, the Agri- ing this legislation and look forward to con- not one that I or my Democratic col- tinuing to work the Committee on Education leagues had much of a role in pro- culture Committee has spent countless and Workforce as this bill moves through the ducing. hours talking with constituents, per- legislative process. More than that though, I am opposed forming outreach, and holding hearings Sincerely, to H.R. 2 today because it is simply not with stakeholders to see how we can K. MICHAEL CONAWAY, good enough for American farmers, improve upon the 2014 farm bill. Chairman. consumers, or rural advocates. H.R. 2 Contrary to the claims of some, this fails our farmers. The bill does not im- legislation was not created in the dead HOUSE OF REPRESENTATIVES, prove the safety-net programs farmers of night or without input from my COMMITTEE ON FOREIGN AFFAIRS, need to manage a troubled farm econ- friends across the aisle. Washington, DC, May 15, 2018. Mr. Chairman, I have before me a let- Hon. MICHAEL K. CONAWAY, omy. It fails to make needed increases Chairman, House Agriculture Committee, Wash- to reference prices under the PLC pro- ter that was sent to Chairman CON- ington, DC. gram to address the 52 percent drop in AWAY and Ranking Member PETERSON DEAR MR. CHAIRMAN: I write to confirm our national farm income. with priorities identified by the Demo- mutual understanding regarding H.R. 2, the It neglects repeated requests to in- cratic Members that I am proud to Agriculture and Nutrition Act of 2018, which crease funding for trade promotion to serve with on the Agriculture Com- contains substantial matter that falls within help strengthen overseas markets in mittee. I am proud to see—under nutri- the Rule X legislative jurisdiction of the response to this administration’s action specifically—all of these, and I be- Foreign Affairs Committee. I appreciate the lieve all of these titles, these priorities consultation and cooperation between our tions on trade and renewable fuels. H.R. 2 fails our Nation’s hungry. were incorporated into the farm bill. committees, both before and after your Over this 3-year period, we held 21 markup of that bill. While I agree that there are changes hearings and heard from 81 witnesses Based on that cooperation and our associ- that need to be made in the SNAP pro- ated understandings, and in order to expedite gram, this is so clearly not the way to at the Nutrition Subcommittee alone. House consideration, the Foreign Affairs do it. The bill cuts more than $23 bil- Members of the Agriculture Committee Committee agreed not to seek a sequential lion in SNAP benefits and will result in traveled to every corner of the country referral of H.R. 2, with the understanding an estimated 2 million Americans to participate in listening sessions and that that decision in no way diminishes or being unable to get help that they obtain vital input from our farmers, alters the jurisdictional interests of the For- need. our ranchers, and our growers. eign Affairs Committee in that bill, any sub- Within the nutrition title, the bill As the farm bill was in development sequent amendments, or similar legislation. at the committee, every Member had I respectfully request your support for the turns around and wastes billions that appointment of House Foreign Affairs con- the majority cut from SNAP benefits the opportunity to provide input and ferees during any House-Senate conference to create a massive, untested work- that input was considered during this on this legislation. force training bureaucracy. process. Yet, even with an open proc- Finally, I respectfully request that you in- H.R. 2 fails our conservation goals by ess, no amendments were offered dur- clude this letter and your response in the reducing the Federal funding for our ing the committee markup by my

VerDate Sep 11 2014 07:14 May 17, 2018 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.034 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4049 friends across the aisle. That is an op- to make amends in this farm bill to work has dignity. All work has honor. portunity for refinement, as is being on come up with a very noble idea. With It is a good start for what we need to the House floor an opportunity for re- the shortage of younger people not do to get a lot better turnout of what finement. going into agriculture, not going into goes on with our welfare programs. From voluntary insurance programs, science and technology and research to Mr. Chair, I thank the chairman for to conservation in rural development feed the future, we established scholar- putting this bill together here on this programs, to agriculture research, H.R. ships to go to the 1890s. floor today. 2 contains critical supports for our Na- But you know what? When they took Mr. PETERSON. Mr. Chair, I am now tion’s farmers, ranchers, and rural our bill, put it into the farm bill, they pleased to yield 2 minutes to the gen- America. took the money out—just like they did tlewoman from Ohio (Ms. FUDGE). On the farm side, I am especially back in the 1890s. Black people in this Ms. FUDGE. Mr. Chair, I thank the pleased with the continued reforms to country have suffered too long, and we chairman so very much for the fight he the Margin Protection Program for need to put a stop to it. I am here. I put up during this process. Dairy, as well as the forestry provi- know that this House will not put the Mr. Chair, I stand today with my sions in title VIII. Now, while I could money back in. It was just $1 million a Democratic colleagues fighting for the go on about all of these good policies year for each of the 5 years to try to very soul of America. Inscribed on the contained in H.R. 2, this legislation ul- get people in. And these land grants Statue of Liberty are these words: timately is about supporting American knew. Give me your tired, your poor, your huddled food—both on the farm, and on the con- The CHAIR. The time of the gen- masses yearning to breathe free, sumer side. tleman has expired. The wretched refuse of your teeming shore. Food is a national security issue. Mr. DAVID SCOTT of Georgia. Every Send these, the homeless, tempest-tossed to And whether we realize it or not, every Black man does not necessarily want me, American shakes hands with a farmer to play football or basketball. They I lift my lamp beside the golden door. at least three times a day. As chairman want to feed the future. This is a ter- We have lost our way, Mr. Chair. of the Nutrition Subcommittee, I am rible bill. There is no longer a lamp, nor a golden proud that we maintain nutrition as- The CHAIR. The gentleman is no door. And if we fail to protect the sistance for our most vulnerable longer recognized. weak, the frail, the poor, the children, through the Supplemental Nutrition The Chair recognizes the gentleman the seniors, and the disabled, we have Assistance Program. Approximately 65 from Texas. lost our soul. We no longer live up to percent of these dollars directly pro- Mr. DAVID SCOTT of Georgia. * * * the promise of America and the true vide food to children, the elderly, and The CHAIR. The gentleman is no meaning of our creed. persons with disabilities who rely on longer recognized. Mr. Chair, it is just cruel to Amer- benefits of SNAP when times get Mr. DAVID SCOTT of Georgia. * * * ican families and food producers, those tough. Mr. CONAWAY. Mr. Chair, I would who rely on farm bill programs, to put H.R. 2 also does make historic like to recognize the fact that this them at risk, only to carry out a hate- changes to SNAP by providing new job brand-spanking-new program that ful, demeaning, and mean-spirited par- opportunities for work-capable adults. never had any funding is authorized in tisan agenda. It is dishonest to pro- This bill does this by reinvesting sig- the bill for discretionary spending to mote the idea that SNAP recipients are nificant dollars within our budget into create the scholarship program that undeserving; that we are lazy. education and training programs. has just been referenced. There was no Sixty-five percent of our SNAP re- By providing the States the increased money taken out of the bill, because cipients cannot work. They are chil- resources to do this, every work-capa- there was never any money in the pro- dren, seniors, and disabled. And most ble SNAP recipient will be guaranteed gram. of the others do work—some of them in a slot in a job-training program, lead- We simply recognized the need and the very building in which we stand ing to ultimate food security. By doing we set that program up in place as a di- today. this, we can help folks elect a pathway rect result of the gentleman’s pas- Mr. Chair, I ask my colleagues: What to long-term employment, self-suffi- sionate plea for a scholarship program. have poor children ever done to you? ciency, and a way out of poverty. Mr. Chair, I yield 1 minute to the What have seniors done to you? What Mr. Chair, I ask that Members sup- gentleman from Iowa (Mr. King). have the disabled ever done to you? Re- port H.R. 2. Mr. KING of Iowa. Mr. Chairman, I publicans are paying for the $2 trillion Mr. PETERSON. Mr. Chair, I am appreciate the yielding and the work debt they created in the tax bill on the pleased to yield 2 minutes to the gen- that has been put in to get this farm backs of the poor. It is just sad, Mr. tleman from Georgia (Mr. DAVID bill together. Chair. Really, really sad. SCOTT). First thing that I am happy about, it Mr. CONAWAY. Mr. Chair, I yield 1 Mr. DAVID SCOTT of Georgia. Mr. has the protect interstate commerce minute to the gentleman from Illinois Chairman, let me make it very clear at language in it, which passed in com- (Mr. BOST). the very beginning, that this is a racist mittee by simply a voice vote. It is Mr. BOST. Mr. Chairman, I hear from farm bill. Make no mistake about it. well-established. It protects and pre- my constituents in southern Illinois The good Lord said: Ye shall know serves the commerce clause. We can’t that rural America is hurting. That is the truth, and the truth shall make have States regulating interstate com- why we need the farm bill, to address you free. And the truth is that this is, merce. That violates the commerce the concerns facing agriculture all over unfortunately, a racist farm bill. Let clause. This restores it. That is item rural America. me tell you why. number one. The farm bill does just that. The After the Civil War when the South Item number two, in title I, we have farm bill protects the farm safety net, was utterly destroyed, they established in the bill that we protect the PLC pro- including commodity programs and land-grant colleges, and then 30 years gram. We improve and protect the ARC crop insurance, invests in rural later, because there was so much strug- program, and we protect the crop in- broadband, modernizes FSA loan pro- gle without adequate freedom for my surance. All of that keeps our families grams for new and beginning farmers people—African Americans—they es- on the farm, and if we don’t have that, and ranchers, and invests in conserva- tablished the 1890 land-grant colleges market fluctuations take them off. tion. because they had Plessy v. Ferguson, We have also increased funding for President Eisenhower once said: the separate but equal doctrine. Yeah, the MAP program, Market Access Pro- ‘‘Farming looks mighty easy when they were separated already, but never gram, and for the Foreign Market De- your plow is a pencil and you’re 1,000 equal. velopment Program. We have got an- miles from a corn field.’’ Those words These 1890 colleges have never gotten other FMD program too, and that is hold true today, and that is why this the financial support that they have the vaccine bank that is in this bill. bill was crafted with those farmers in needed to even come close to the White Putting work into the SNAP pro- mind, because farmers are everyone’s 1860s that were there. And so we tried gram is an important component. All bread and butter.

VerDate Sep 11 2014 07:14 May 17, 2018 Jkt 079060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.080 H16MYPT1 H4050 CONGRESSIONAL RECORD — HOUSE May 16, 2018 The CHAIR. The Committee will rise does nothing for the Americans who Mr. Chairman, passage of this farm informally. wait for Congress to do their jobs. bill is absolutely critical to the liveli- The Speaker pro tempore (Mr. BOST) This bill is the perfect reflection of hood and success of our farm families assumed the chair. what is wrong with Washington: that and food supply. I encourage and hope f politics will always take priority over that every one of us will vote for this progress. I urge my colleagues to re- bill. MESSAGE FROM THE SENATE commit to the bipartisan collaborative This farm bill strengthens the farm safety A message from the Senate by Ms. work that is desperately needed by net while making other vital improvements to Lasky, one of its clerks, announced farms, ranchers, and vulnerable Ameri- current law that will benefit our farm families, that the Senate has passed a Joint Res- cans in every single one of our dis- rural communities, and animal agriculture sec- olution of the following title in which tricts. This is the only way we will tor—such as the establishment of a new U.S.- the concurrence of the House is re- pass a farm bill and fulfill our commit- only vaccine bank to prevent Foot-and-Mouth quested: ment to the constituents we have a disease, authorizing $1.1 billion to provide S.J. Res. 52. Joint Resolution providing for duty to serve. broadband service to harder-to-serve rural congressional disapproval under chapter 8 of Mr. CONAWAY. Mr. Chairman, I areas, and providing the Secretary of Agri- title 5, United States Code, of the rule sub- yield 2 minutes to the gentleman from culture with tools necessary to help combat mitted by the Federal Communications Com- North Carolina (Mr. ROUZER). the ongoing opioid crises which is hitting rural mission relating to ‘‘Restoring Internet Mr. ROUZER. Mr. Chairman, Amer- America especially hard. Freedom’’. ica’s farm families have had to weather Additionally, this farm bill makes common The CHAIR. The Committee will re- a 5-year recession with depressed prices sense changes to the Supplemental Nutrition sume its sitting. resulting in a 52-percent drop in net Assistance Program to encourage work and f farm income. Two-thirds of our farm- provide for job training. ing operations today are in economic The vast majority of Americans would agree AGRICULTURE AND NUTRITION trouble, and chapter 12 bankruptcies that if you work you should be better off than ACT OF 2018 have risen by 33 percent in just 2 years. if you don’t work. Under this bill, we simply The Committee resumed its sitting. So it is no secret that our Nation’s ask that those who are of working age and are b 1715 farmers and ranchers are struggling. perfectly capable, work 20 hours a week. And, I hear all this talk during the past if one can’t find work we will pay for their job The CHAIR. The gentleman from month about a free market, how every- training so that everyone can attain the skills Minnesota is recognized. thing would be so much better without necessary to get the job they want. Mr. PETERSON. Mr. Chairman, I farm programs. ‘‘We want a complete, The unfortunate reality is that we have too yield 2 minutes to the gentlewoman total free market,’’ they say. From an many SNAP recipients stuck in the program from New Mexico (Ms. MICHELLE LUJAN intellectual and philosophical stand- with no pathway to upward mobility. Why? Be- GRISHAM). point, I would love that. We all would. cause current SNAP requirements are out- Ms. MICHELLE LUJAN GRISHAM of But here is the problem: that isn’t the dated and riddled with loopholes that New Mexico. Mr. Chairman, I came to real world. incentivize the status quo and fail to support Congress to solve problems and create There is no free market when you those who need it most. In fact, more than 2/ economic opportunities for New Mex- have countries all around the world 3 of work-capable adults on SNAP are not ico, which is still struggling with one subsidizing their agriculture produc- currently employed. of the highest unemployment and pov- tion to the hilt. For example, Com- Today unemployment numbers are at 3.9 erty rates in the Nation. munist China agreed to a subsidy limit percent. In the year 2000, the last time unem- Now, we had a chance in this farm as part of their accession to the WTO ployment was this low, there were 17 million bill to do just that, and I have worked in 2001. But what do they do? They ex- people on SNAP. Today, we have more than for years on an array of bipartisan ini- ceed that subsidy limit by $100 billion 41 million people on SNAP yet the unemploy- tiatives in this bill, including creating on just three crops alone in 1 year. ment is exactly the same. Mr. Speaker, if that a first-ever broadband grant program That is no free market. doesn’t illustrate the problem, I don’t know to increase internet access in rural Farm programs account for 0.24 per- what does. communities; expediting the adoption cent of the total Federal budget, and in We must do better. of innovative conservation and water return, every individual and family in This farm bill puts this country on the path management technologies; and finally this country is guaranteed an abun- to do just that. It makes much needed reforms banning the heinous practice of lunch dant, affordable food supply, and the to ensure that recipients of these benefits— shaming. very best nutritious food at an excep- those who are perfectly capable of work— Unfortunately, the bill the majority tionally affordable price. That is, quite have a pathway to upward mobility, can get brought to the floor today not only frankly, a huge return on a relatively good jobs, and ultimately use their God-given jeopardizes all of that bipartisan work, small investment, not to mention what talents to achieve a rewarding career. it also includes provisions that will agriculture means to our rural econo- Mr. PETERSON. Mr. Chairman, I cause so much pain to so many people mies and our trade balance with the yield 11⁄2 minutes to the gentleman in my State. rest of the world. from New York (Mr. CROWLEY), who is This bill creates new restrictions on American agriculture is more than the chairman of the House Democratic SNAP eligibility and a massive un- just being the best producers in the Caucus. funded mandate on State bureaucracies business and feeding the world. It is Mr. CROWLEY. Mr. Chairman, I which will further destabilize an al- about food security and national secu- thank the gentleman for yielding me ready broken SNAP system in New rity. Once a farm is gone, it isn’t com- this time. Mexico. ing back. It is not like your local hard- We need to talk about what is really I have spent years working to hold ware store that goes out of business; it happening with this bill. Just months my State accountable for their mis- is not like that space isn’t going to be after giving massive tax cuts to cor- management of SNAP and for illegally replaced by another business; it will. porations and the wealthiest individ- denying thousands of individuals their Farms, on the other hand, are replaced uals through their tax scam, Repub- benefits. Under this bill, those mis- by developments taking some of our licans are now penalizing the most vul- takes will become much more common. very best farmland out of production. nerable among us by cutting one of the Millions of Americans will be need- The CHAIR. The time of the gen- most proven and valuable programs lessly kicked off SNAP, and more chil- tleman has expired. that ensures that kids, seniors, and dren and families will go hungry. Mr. CONAWAY. Mr. Chairman, I working Americans don’t go hungry. Mr. Chairman, it may be politically yield the gentleman from North Caro- If my Republican colleagues looked expedient to bring this partisan bill to lina an additional 15 seconds. at the facts, they would see that the floor that destroys SNAP as we Mr. ROUZER. Mr. Chairman, we have SNAP—or food stamps—actually work. know it, but passing a partisan bill lost 44 million acres of farmland during They would see that a worker is more that will undoubtedly die in the Senate the past 30 years. likely to keep a job if they can put food

VerDate Sep 11 2014 07:14 May 17, 2018 Jkt 079060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.081 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4051 on the table and at the same time af- Instead of following regular order, as farmers, who are facing tightening ford to commute to and from work; we have done in the past—and I was market conditions, of crop insurance that a child is likely to do better in there personally to be a part of it and options. school if they have a full stomach to witness it—by taking this kind of legis- This ‘‘harm’’ bill is another step in start the school day with; that calling lation up through the subcommittees the wrong direction for rural America. struggling Americans complacent and with open rules, giving all the members At a time when farmers are already lazy doesn’t help America’s poverty an opportunity to offer their amend- feeling the pain of President Trump’s crisis, but programs like SNAP do help. ments and their ideas and consider impulsive trade war and Secretary Pru- If they could see all that, then we them and have the opportunity to itt’s attack on ethanol, I urge my col- wouldn’t be here debating a partisan write this bill through the subcommit- leagues: abandon this ‘‘harm’’ bill and bill that is bad for families, bad for tees, instead, it has come from behind work together on a farm bill that will farmers, and bad for our country. closed doors for the simple purpose of strengthen rural America. Mr. Chairman, the problem isn’t food partisan positioning. Mr. CONAWAY. Mr. Chairman, may I stamp recipients. The problem isn’t In fact, members of the committee inquire as to how much time remains food stamps. The problem is those who weren’t even allowed to see this bill for on each side. claim they want to help American fam- weeks leading up to the consideration, The CHAIR. The gentleman from ilies, and then do everything in their 3 nor were stakeholders and affected par- Texas has 14 ⁄4 minutes remaining. The power to hurt them by passing this parties given the opportunity to review gentleman from Minnesota has 18 min- tisan bill. I will not vote for it. and express their thoughts. The result utes remaining. Mr. CONAWAY. Mr. Chairman, I is a missed opportunity and an aban- Mr. CONAWAY. Mr. Chairman, I yield 1 minute to the gentleman from donment of a bipartisan, collaborative yield 1 minute to the gentleman from Florida (Mr. YOHO), who is a valued tradition that has worked so well for Georgia (Mr. ALLEN). member of the committee. the farmers and the consumers in this Mr. ALLEN. Mr. Chairman, I rise Mr. YOHO. Mr. Chairman, I thank country. It is a mean-spirited, bad today to urge all of my colleagues to the gentleman for yielding. Only two times each decade do we in bill—the result of a failed process—and join me in supporting H.R. 2, the Agri- Congress have the privilege to effect it should be defeated. culture and Nutrition Act of 2018. productive, meaningful change for Mr. CONAWAY. Mr. Chairman, I I have the great honor of rep- America’s farmers and ranchers—those yield 1 minute to the gentleman from resenting Georgia’s 12th District where same citizens who help feed and clothe Minnesota (Mr. EMMER). agriculture is the number one industry. the entire world. Mr. EMMER. Mr. Chairman, in my As a member of the House Agriculture Let us not forget that America’s home State of Minnesota, agriculture Committee, my colleagues and I have farmers and ranchers make up only 1 is one of the primary drivers of our worked diligently to craft a farm bill percent of our Nation’s population, yet economy. Right now, farmers, ranch- that works for our farmers and pro- they make sure that dinner tables ers, and agricultural workers across vides them the ability to provide a across the country have food on them. the country are looking to Congress for safe, secure, and economic food supply In fact, one farm feeds 165 people in the a strong farm bill that improves the to this Nation. U.S. and abroad. As such, U.S. farm farm safety net and brings certainty to H.R. 2 improves the current farm policy is now a target due to its own producers in uncertain times because safety net structure and offers farmers success. life on the farm isn’t what it used to the choice between PLC and ARC for Politically driven think tanks and be. each covered commodity under title I antifarmer groups believe that there is Today, farmers are suffering some of to combat the downturn in the farm no longer a point to have a farm policy the worst rates of suicide in the coun- economy. It also makes strides in get- in the United States. They fail to real- try. General social isolation, downturn ting Americans back to work by help- ize that America’s farmers and ranch- of the markets, low farm income, regu- ing those on Supplemental Nutrition ers do business with foreign competi- latory strains, and a lack of treatment Assistance. tors who do not share the free market options all make it hard for farmers to I am the son of a farmer. I spent 35 values our country adopted at its get the help they need. years in the business community cre- founding, placing them at a disadvan- That is why I introduced the ating jobs. The greatest joy of my life tage; therefore, we have to properly STRESS Act to boost resources specifi- is to give folks the dignity and respect equip our producers to compete with cally for farmers’ mental health. With they deserve to have a good job. countries that directly subsidize and the support of Chairman CONAWAY and How could we deny folks this oppor- own the means of production. It is, in- the House Agriculture Committee, I tunity? deed, an issue of national security. am proud to see it included in this This bill gives them that oppor- The CHAIR. The time of the gen- year’s farm bill. tunity. tleman has expired. Our farmers who feed the world are Mr. Chairman, I urge my colleagues Mr. CONAWAY. Mr. Chairman, I feeling the weight of the world on their on both sides of the aisle to vote ‘‘yes’’ yield the gentleman from Florida an shoulders. It is time we get them the for this important bill. Our farmers additional 15 seconds. help and care they deserve. and our people need us. Mr. YOHO. Support this farm bill. Mr. PETERSON. Mr. Chairman, I Mr. PETERSON. Mr. Chairman, I Defeat all antifarmer amendments that yield 1 minute to the gentlewoman yield 1 minute to the gentleman from hurt American farm families only to from Illinois (Mrs. BUSTOS). Virginia (Mr. SCOTT), who is the rank- enrich multinational soda and candy Mrs. BUSTOS. Mr. Chairman, passing ing member of the Education and makers for more profits. Let us ensure a farm bill that delivers a better deal Workforce Committee. the farmers and ranchers of this great to our growers could have and should Mr. SCOTT of Virginia. Mr. Chair- country continue to plant the seeds have been a bipartisan process. But man, there is a lot wrong with this bill, and raise the herds that secure our na- when Democrats arrived ready to work, but as ranking member of the Com- tional abundance, high quality, and the doors were shackled shut. Instead mittee on Education and the Work- least costly food prices in the world of coming together to help our pro- force, I am particularly concerned and support the bill. ducers struggling with a downturn in about its impact on students. Mr. PETERSON. Mr. Chairman, I the agricultural economy, this SNAP eligibility is tied to eligibility yield 1 minute to the gentleman from hyperpartisan bill hurts everyone from for other vital Federal programs, so Minnesota (Mr. NOLAN). pasture to plate. the proposed cuts in SNAP eligibility Mr. NOLAN. Mr. Chairman, I would It cuts $23 billion from a program will also cut access to free school like to remind my colleagues of the that feeds children, seniors, and vet- meals for 265,000 children. simple truth that process matters. If erans in addition to eliminating man- the process fails, the outcome fails. datory funding for rural development b 1730 That is exactly what has happened programs which are proven job creators Research has consistently shown that with this farm bill. in rural America. This bill also strips students struggling with hunger have

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.084 H16MYPT1 H4052 CONGRESSIONAL RECORD — HOUSE May 16, 2018 lower grades, are less able to focus, and Committee in decades, I am humbled Arizona (Mr. GRIJALVA), the ranking more likely to miss school. This bill by the responsibility to fight for New member of the Natural Resources Com- would undermine the ability of hun- Hampshire’s small family farms. mittee. dreds of thousands of students to reach When we last considered the farm bill Mr. GRIJALVA. Mr. Chair, I oppose their full potential by cutting SNAP in 2014, I supported the legislation be- the farm bill. It would hurt low- and benefits for the family and reducing cause, while not perfect, that bill pro- middle-income families, take breakfast school benefits for children. vided long-term certitude to our Na- and lunch from children across this In the wake of a $1.5 trillion tax cut tion’s farmers and represented a com- country, and fail hardworking farmers. for corporations in the top 1 percent, it promise between Republicans and It also undermines one of the Na- is a shameful statement of priorities Democrats. tion’s most successful and popular con- when you try to pay for these tax cuts The farm bill has always been a bi- servation laws, the Endangered Species by reducing food assistance programs partisan piece of legislation, but the Act, by removing the requirement for for low-income students. bill we vote on this week represents a EPA to consult with expert wildlife I urge my colleagues to vote ‘‘no.’’ complete departure from that bipar- agencies on the impact of pesticides to Mr. CONAWAY. Mr. Chairman, I tisan process. Democrats were pushed imperiled wildlife. yield 1 minute to the gentlewoman away from the negotiating table by an Pesticides are known to have been from Alabama (Mrs. ROBY). extreme ideological agenda that would the cause of the dramatic decline of Mrs. ROBY. Mr. Chair, I rise today to increase food insecurity for millions of many species and a threat to public offer my strongest support for H.R. 2, Americans, slash mandatory spending health. It should not be dispensed with the Agriculture and Nutrition Act of on critical rural development and con- in this legislation. 2018, commonly known as the farm bill. servation programs, and lead to 265,000 The provisions in this legislation I am proud to serve Alabama’s Sec- children losing access to free and re- that are anti-environment, anti-public ond District, where agriculture is the duced school lunch. health, anti-nutrition, and anti-work- largest employer, responsible for more Mr. CONAWAY. Mr. Chairman, I ing families are cause for opposition. I than 93,000 jobs and more than $11 bil- yield 2 minutes to the gentleman from urge a ‘‘no’’ vote. Mr. CONAWAY. Mr. Chairman, I lion in economic impact. Georgia (Mr. AUSTIN SCOTT), the chair- So, Mr. Chair, I know how critically man of the Subcommittee on Com- yield 2 minutes to the gentleman from important it is that Congress deliver modity Exchanges, Energy, and Credit. Arkansas (Mr. CRAWFORD), the chair- agricultural policy that actually works Mr. AUSTIN SCOTT of Georgia. Mr. man of the General Farm Commodities for the farmers throughout Alabama, Chairman, I rise today to urge support and Risk Management Subcommittee. Mr. CRAWFORD. Mr. Chair, I thank and our country, and makes their im- for H.R. 2, the Agriculture and Nutri- tion Act of 2018, also known as the the chairman for his leadership on this portant work easier, not harder. issue. farm bill. That is why I am proud the new farm Let me start by saying that it is not Rural America needs our support. bill addresses many of the challenges very often that we talk about agri- Farm income has fallen approximately farmers face every day, including culture in the context of national secu- 50 percent since 2013. That is one of the streamlining and reducing burdensome rity. I believe it is next week we are steepest drops since the Great Depres- Federal pesticide regulations, creating going to be taking up the NDAA reau- sion. The costs of production have a program to address our Nation’s feral thorization. While that is very impor- steadily declined, while commodity hog problem, and strengthening the ex- tant to our national security, I think it prices have fallen. Unfair trade prac- isting crop insurance program. is equally important to consider how tices, like the dumping of specialty In addition to this, the new farm bill vital our agriculture producers are to makes several needed improvements to crops into our markets from Mexico, our national security. A country that our country’s nutrition assistance pro- are hurting our U.S. producers. The can’t feed itself is a country that is not gram by implementing strict work re- digital divide caused by inadequate or secure. It is inviting danger and peril. quirements and closing loopholes that a lack of broadband services has held All you have to do is look around the allow for abuses of the system. back innovation, job growth, and edu- globe and see those nations that are in I am proud that the new farm bill cation in rural America. Crises like the that situation. Most notably in our maintains vital nutrition for our most opioid epidemic have stricken rural hemisphere, Venezuela can’t feed vulnerable Americans when they truly communities across America, just as it themselves. You can see the turmoil need it, while making a commitment has our cities. that has ensued as a result. to helping these individuals improve Mr. Chairman, the farm bill address- But there are other countries around their circumstances. es all of these challenges while also the world. One of the big ones that we I support the legislation. taking the first major step in this Con- don’t talk about very often and, quite Mr. Chair, I have always believed that we gress toward the President’s vision of frankly, we should, and that is China should incentivize able-bodied Americans to meaningful welfare reform. This is our can’t feed themselves. They have 1.4 work instead of encourage them to remain de- opportunity to provide the needed cer- billion people. pendent on the government, so I’m proud that tainty and support for our farmers and What we should be doing is taking the new farm bill reflects our conservative producers, while also providing com- every effort during this debate to principles. monsense reforms that will support the thank farmers across the country for I am pleased that this legislation provides a President’s agenda of achieving pros- what they do and for the security they commitment to our nation’s farmers while tak- perity in our rural communities. Pass- provide to this Nation, recognizing ing important steps towards reforming our food ing a strong farm bill on time is key to that, without them, the nutrition pro- stamps program. this goal. grams that we are fighting over I will continue to advocate for policies that I ask that my colleagues join me in couldn’t exist. give fair treatment to our Alabama commod- supporting this important piece of leg- Let’s get a little different perspec- ities like cotton, peanuts, timber, poultry, soy- islation and oppose those amendments tive, if we can, and recognize that, first beans, and catfish. I’m eager to cast my vote that will hamper its ability to aid rural and foremost, we have got to have the in favor of the new farm bill, and I urge my America and keep our producers feed- food produced, not only to provide a colleagues to do the same. ing not only America, but the world. level of security in this Nation, but to Mr. PETERSON. Mr. Chairman, I This bill provides certainty to one of be able to feed the 300 million-plus that yield 1 minute to the gentlewoman America’s largest job sectors, while call this country home. from New Hampshire (Ms. KUSTER). also standing for our conservative prin- Second, we have to be about trying Ms. KUSTER of New Hampshire. Mr. ciples. to secure that food source and making Chairman, I rise today in opposition to Mr. Chair, I ask that my colleagues sure that farmers are in a competitive H.R. 2 and to express my profound dis- join me in support of H.R. 2, the Agri- marketplace that gives them equal op- appointment in the process that has culture and Nutrition Act of 2018, the portunities to sell their commodities. led us to where we are today. farm bill. Certainly, the nutrition part of this As the first New Hampshire Rep- Mr. PETERSON. Mr. Chairman, I is paramount. But I think most Ameri- resentative to serve on the Agriculture yield 1 minute to the gentleman from cans across the country—and I think

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.086 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4053 there are polls that bear this out— nomic benefits to communities. In total, As we work to help communities some 75 percent of Americans say, yes, more than 40 million low-income people de- build stronger economies, we must en- we probably should encourage folks to pend upon this program to keep their fami- sure that we have a plan in place that work and/or get educated as a compo- lies fed. lends a helping hand to those who need The Agriculture and Nutrition Act of 2018 nent of receiving nutrition benefits. (H.R. 2) is the legislative vehicle for reau- it. In Arizona, this bill will take food That is all we are saying. We are not thorizing and reforming the programs of the out of the mouths of tens of thousands trying to compromise anyone’s nutri- Department of Agriculture through fiscal of children and veterans. It is a sad day tion or threaten a single calorie. year 2023. The last enacted Farm Bill (PL in America when we are debating a pro- One thing I think we need to clarify, 113–79) is set to expire on September 30. The posal that would make children go too, is the Agriculture Committee has proposed reauthorization bill is scheduled for hungry. no jurisdiction over school nutrition markup with the House Agriculture Com- I hope for a robust debate on how we programs. mittee this Wednesday, April 18. It contains several provisions and budget cuts that are could promote rural economic develop- Mr. PETERSON. Mr. Chairman, I troubling and could detrimentally impact ment and how to improve the business just remind the gentleman that the nu- our community. climate for rural communities and trition program is permanently author- The bill includes provisions that expand work to address resource concerns by ized. It doesn’t even need to be in this work requirements and punish the least for- improving conservation programs like bill. tunate members of our community who are EQIP. often times unable to find employment. Spe- Mr. Chairman, I yield 11⁄2 minutes to Sadly, this bill was written in a back the gentlewoman from North Carolina cifically, the bill makes it mandatory that recipients of SNAP, who are able-bodied room and kept secret until the last (Ms. ADAMS). adults, ages 18 to 59, are either employed or possible moment. We owe the Amer- Ms. ADAMS. Mr. Chair, I want to are participating in state-run employment or ican people something better. thank the gentleman for yielding. job-training programs. Participants could be Mr. CONAWAY. Mr. Chairman, I con- Mr. Chair, I rise today to voice my denied benefits for not meeting the new work tinue to reserve the balance of my strong opposition to the 2018 Repub- requirements. The first suspension of bene- time. lican farm bill. fits would be for 12 months, while a second Mr. PETERSON. Mr. Chairman, I As a member of the House Committee suspension of benefits would be up to 36 yield 1 minute to the gentlewoman on Agriculture, I have participated in months. Under current law, the SNAP program already has work requirements for from California (Ms. LEE). countless hearings about the needs of able-bodied adults aged 18 to 49. Addition- Ms. LEE. Mr. Chairman, I thank the our Nation’s farmers and families that ally, the new Farm Bill would include spend- gentleman for yielding, but also for his depend on SNAP to fight hunger. ing cuts, which would make fewer people eli- tremendous leadership on this bill and Tragically, this bill doesn’t reflect gible for benefits and directly harm working- so many other issues. any of that testimony. It is a short- poor families. Mecklenburg County has real I rise in strong opposition to this dis- sighted, partisan bill that will have a concern that these proposed changes in H.R. astrous farm bill. This bill cuts the 2 would negatively impact some of our poor- detrimental impact on communities Supplemental Nutrition Assistance like mine. I cannot support it. est citizens and cause serious difficulties for our community’s most vulnerable popu- Program by $23 billion, taking food out In my home county of Mecklenburg, lations. of the mouths of 2 million Americans. North Carolina, more than 55,000 Mecklenburg has 55,472 households that Over 265,000 children will lose benefits. households depend on SNAP to eat rely on SNAP to help provide sustenance. Why in the world do congressional every day. This bill would rob them of The County also has specific concerns with Republicans want more Americans to access to quality nutrition programs. language in H.R. 2 that reduces spending by go hungry? In North Carolina, it is estimated that $5 billion over 10 years through the ending of a broad-based categorical eligibility that al- This is immoral and it is wrong. more than 133,000 people will lose their These so-called work requirements SNAP benefits if this bill passes, in- lows states to consider working poor beneficiaries with higher incomes that put them won’t help anyone work. They punish cluding over 51,000 children. Nation- above 130 percent of the federal poverty struggling families who are not getting wide, 2 million people would be kicked level. enough hours at work or decent wages off the program and an estimated We look forward to working with you on to help feed their families. 265,000 children would lose access to this important effort. Please feel free to con- Nutrition assistance helps 40 million tact me if you have any questions. free or reduced meals at school. No eat- people put food on the table. More than ing at home. No eating at school. Sincerely, DENA R. DIORIO, 80 percent of SNAP households work Adding new work requirements the year before or after receiving aid. through an unfunded, untested man- Mecklenburg County Manager. Mr. CONAWAY. Mr. Chairman, how The majority of people receiving SNAP date will bankrupt States and force benefits are children, disabled, and sen- more needy people out of the program. much time is remaining on each side. The CHAIR. The gentleman from iors. Let’s scrap this flawed partisan farm When I was young, I was a single bill and let’s work together in regular Texas has 9 minutes remaining. The gentleman from Minnesota has 131⁄4 mom raising two little boys. I relied on order to draft a bill that helps Amer- food stamps to help my family during a ica’s farmers and families who depend minutes remaining. Mr. CONAWAY. Mr. Chair, I reserve very difficult time in my life. It was a on nutrition assistance. bridge over troubled waters. I want Mr. Chair, I include in the RECORD a the balance of my time. Mr. PETERSON. Mr. Chair, I yield 1 families to have this bridge over trou- letter from Mecklenburg County, bled waters now. North Carolina, opposing H.R. 2 be- minute to the gentleman from Arizona I urge my colleagues to vote ‘‘no.’’ cause of the detrimental effects and (Mr. O’HALLERAN), a member of the Mr. CONAWAY. Mr. Chairman, I impact that it will have on our chil- committee. would like to clarify the RECORD. dren and families there. Mr. O’HALLERAN. Mr. Chairman, I rise to express my strong opposition to Of the 265,000 children that have been MECKLENBURG COUNTY, mentioned a couple of times, 95 percent Charlotte, North Carolina, April 17, 2018. H.R. 2. Some may call this a farm bill, of them would in fact maintain access Congresswoman ALMA ADAMS, but for my district, this is a ‘‘harm’’ House of Representatives, bill. to reduced lunch prices because their Washington, DC. Unfortunately, this year’s farm bill families make too much money to DEAR CONGRESSWOMAN ALMA ADAMS: As is deeply flawed. This bill lacks a sig- qualify for the free lunch, but 5 percent you mark-up of the Farm Bill reauthoriza- nificant commitment to the needs of of that 265,000 would in fact maintain tion, H.R. 2 this week, I write to you in sup- rural communities, with no guaranteed the free lunch program as it currently port of the Supplemental Nutrition Assist- funding for the rural development title. exists. ance Program (SNAP) funding, formerly It is unclear to me how members of Mr. Chairman, I yield 2 minutes to known as Food Stamps, which has historically made up a significant part of this legis- the committee say they understand the the gentleman from Illinois (Mr. ROD- lation. This vital program offers nutrition need of investment in rural America, NEY DAVIS), chairman of the Sub- assistance to millions of eligible, low-income but decided to cut $517 million from committee on Biotechnology, Horti- individuals and families and provides eco- rural development programs. culture, and Research.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.088 H16MYPT1 H4054 CONGRESSIONAL RECORD — HOUSE May 16, 2018 b 1745 that the American people are not food the values of America. Again and Mr. RODNEY DAVIS of Illinois. Mr. insecure. So I thank you, Mr. Ranking again, Republicans try to ransack the Chairman, I have a district that relies Member, for your outstanding leader- lifelines of working families to pay for on a strong farm bill. Illinois is a lead- ship on behalf of America’s farmers and handouts and to enrich the already ing producer of soybeans, corn, and hungry families. wealthy. This bill abandons America’s swine. Our economy relies on a farm Mr. Chair, this bill is just a mystery farmers when they are in a tough spot. bill that supports agriculture. Al- to me because we have tried so hard The farm economy is struggling. As though we all eat, I realize there are over the years to work in a bipartisan you know, farm prices are plummeting. many districts whose Members may way, to come together to write a farm More and more families are in danger not be as enthusiastic as I am about bill that does honor that historic col- of losing the farm, and that was before the farm bill. That is why there is laboration—urban, rural—meeting the the Trump tariffs invited retaliation something in this bill for every dis- nutritional needs of the American peo- from China. Yet Republicans are cre- trict. ple, and encouraging the economic ating a self-inflicted crisis farming For those concerned about the def- growth in farm country. This legisla- communities can’t afford and they icit, I have good news. The last farm tion does not do that, and I have some can’t control. bill was the single largest cut in man- questions as to why. I challenge House Republicans to ex- datory spending that we made in the Some of the questions came to mind plain to farmers and ranchers why they entire 113th Congress. We built on last week when I was on a farm in Iowa propose a bill that weakens the farmer these sound policy reforms in this bill. listening to hardworking men and safety net when we should be pro- If you are a Member who wants to ad- women talk about their challenges tecting family farmers—soybean, corn, dress the cycle of poverty that too with this farm bill: that it does not wheat, pork, and specialty crop grow- many of our constituents are trapped bolster or preserve the farmer safety ers—from self-inflicted damage of in, this bill is for you. H.R. 2 reforms net; that the bill reduces investments Trump’s trade brinkmanship. the system and invests historic in agriculture research, conservation, Explain why this bill slashes hun- amounts in workforce training. and rural development; and that it cuts dreds of millions from rural develop- Despite our growing economy, we nutrition assistance that so many ment initiatives, cuts small business have 9 million more people on SNAP there, even in farm country, and in our loan guarantees, and adds new layers of today than we did at the height of the country rely upon. bureaucracy to high-speed broadband recession when jobs were scarce and When I was in Iowa, as I said, last grants when we should be investing in unemployment was in the double dig- week, I had the privilege of meeting a self-sufficiency for small towns. its. This isn’t progress. This isn’t help- wonderful woman named Julia Slocum. Explain, my Republican colleagues, ing to end the cycle of poverty. Julia works two jobs. She is a third- why this bill eliminates funding for on- In my home State of Illinois, 67 per- generation farmer and a part-time li- farm energy initiatives and biofuels cent of work-capable adults on SNAP brarian. Over the years, she has relied when we should be embracing the are without work. A long recession left on the lifeline of SNAP to put food on American farmer’s role in making Americans disheartened, people drop- the table during difficult times, a America sustainable and energy inde- ping out of the labor force because they farmer relying on SNAP to put food on pendent. lost their job and, after months and the table. Explain, my colleagues, why this bill months of searching, couldn’t find an- I challenge House Republicans to ex- creates new loopholes for millionaires, other one. H.R. 2 makes investments to plain to Julia why they are abandoning multimillionaires, and billionaires to give many of those same people hope in hardworking people like her, aban- receive farm subsidies when we should finding a job again. doning her twice by gutting the farmer be investing in the next generation of Four years ago I was a freshman, and safety net and by cutting SNAP. farmers and ranchers. the farm bill was my first opportunity This bad bill steals food off the tables For the sake of our children, fami- to be part of a conference committee of children, seniors, students. 1.5 mil- lies, and hardworking Americans such and see firsthand our democracy at lion of our veterans rely on the nutri- as Julia, for our veterans, for our serv- work, Democrats and Republicans spar- tion provision of this bill. icemen and -women, Americans with ring over policy differences. But at It is not just our veterans. That disabilities, we must return to the least there was a debate. I am incred- would be reason alone to be concerned, table and craft a balanced, robust, bi- ibly disappointed by my friends on the 1.5 million. But 23,000 of the families of partisan farm bill as we have done in other side of the aisle who didn’t offer Active-Duty servicemembers need to the past and the distinguished chair- any amendments in committee. have food stamps because they are food man of the Committee on Agriculture Work requirements are not new. insecure—and they are hurt by this knows is possible. They were done in 1996 by a Repub- legislation—individuals with disabil- We must return to the historic, dec- lican-led Congress and Democratic ities, working families, our seniors, ades-long bipartisan solution that weds President during a similar time of eco- students, children. Children. our farmers and our hungry families nomic growth. Democrats have always supported together. Republicans must put aside When do the politics end and the seri- work initiatives for those who can politics and honor our responsibilities ous policy discussions begin? work. Let’s be clear: This is not a jobs to 16 million men and women of agri- Let’s put politics aside, pass this im- bill. SNAP returns money to farmers, culture and the nearly 41 million portant bill for our farmers, for our to our economy, and to the Treasury, Americans who are food insecure. That taxpayers, and for too many Americans creating $1.79 for every $1 in benefits, is why I urge a ‘‘no’’ on this dangerous trapped in poverty. Let’s show the and supports more than 560,000 jobs bill. American people we can govern to- across the country, including 50,000 in Mr. CONAWAY. Mr. Chair, I reserve gether. agriculture. the balance of my time. Mr. PETERSON. Mr. Chairman, I am Republicans are contending that they Mr. PETERSON. Mr. Chairman, I am pleased to yield 1 minute to the gentle- are investing in jobs. They are not in- pleased to yield 1 minute to the gen- woman from California (Ms. PELOSI), vesting in jobs. They are creating a bu- tleman from California (Mr. PANETTA). the leader of the Democratic Caucus. reaucracy and ignoring initiatives al- Mr. PANETTA. Mr. Chair, as I have Ms. PELOSI. Mr. Chair, I thank the ready in place to measure what really told you, it is an absolute honor to gentleman for yielding, and I espe- works in relating food to jobs. And serve on the Committee on Agri- cially thank him for his exceptional they are wasting billions on new bu- culture, under the leadership of the leadership over the years to honor the reaucracies that would take decades to chairman as well as the ranking mem- historic collaboration that has always implement and that would increase ber. There is no doubt about that. But existed in our country between urban hunger and poverty across the country. I mainly say that based on the work and rural America that is in all of our It is no wonder that so many faith- that this committee does, the work interests that our farm countries suc- based groups across the country view that this committee does to serve ceed, and that is in all of our interests this bill as one that does not reflect those in agriculture and what that

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.090 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4055 service can do for the backbone indus- I urge my colleagues to support this neer and worked for the U.S. Army, try of our country. bill. protecting our troops. And his oldest However, as a Representative on this Mr. PETERSON. Mr. Chair, may I in- daughter grew up to be a Congress- committee and as a Representative of quire how much time we have on our woman. That dad is my dad. the salad bowl of the world on the cen- side. Colleagues, we still have a chance to tral coast of California, my country The CHAIR. The gentleman from go back to the drawing board. The and, yes, my community expected more Minnesota has 91⁄4 minutes remaining. hopes, the dreams, the aspirations of 42 out of this farm bill. The gentleman from Texas has 51⁄2 min- million people are in our hands. Let’s Look, in my area, with its flour- utes remaining. not let them down. ishing specialty crop industry, we Mr. PETERSON. Mr. Chair, I am b 1800 wanted more funding for the specialty pleased to yield 3 minutes to the gen- Mr. CONAWAY. Mr. Chairman, I crop research initiative. Because of our tlewoman from Delaware (Ms. BLUNT yield 2 minutes to the gentleman from specialty crops, we have a labor short- ROCHESTER). Oklahoma (Mr. LUCAS), the former age because of the people who are need- Ms. BLUNT ROCHESTER. Mr. Chair- man, it is with deep disappointment chairman of the committee. ed to pick those crops. Therefore, we Mr. LUCAS. Mr. Chairman, it is hard that I stand in opposition to the par- needed stronger language in the bill for to believe, but almost 5 years ago, mechanization to help with our labor tisan farm bill. I joined the House Com- COLLIN, MIKE, we were on the floor of mittee on Agriculture because of its issues and to bridge that gap from the this very Chamber when we took up reputation of being bipartisan. I rep- Salinas Valley into the Silicon Valley. the previous farm bill, a farm bill that resent an entire State—urban, rural, With our burgeoning organic indus- was well crafted and well intended. And try, we needed more funding and less and suburban. The farm bill is vital. on that day, if you remember, folks of cuts for the Organic Certification Cost That is why I was so disappointed to good principle on both extremes of the Share Program so that we can properly see this breakdown. perspective together managed to bring invest in beginning producers. The goal of creating a thriving econ- the bill down. In addition to this, the majority is omy and moving people out of poverty Now, why do I bring that up? Because trying to implement an untested and is a goal we all share, and throughout I simply want to remind all my col- unproven change to title IV of the my career I have worked to connect leagues, no farm bill is ever simple. SNAP provision. Such a change threat- people with jobs. As Delaware’s former They are all hard. Circumstances ens to remove over a million people secretary of labor and deputy secretary change from cycle to cycle, crop to from the program and deeply affects of health and social services, I have crop, but it is always hard to do a farm the 74,000 people who are recipients of overseen both workforce development bill. SNAP living and working in my com- and economic safety net programs. So why are we here? Why do we keep munity. I believe in work. We believe in work. going through this process? Because, We can do better by our farmers. We However, the majority’s proposal ultimately, we need to pass a com- can do better by the families across our would essentially force individuals off prehensive piece of legislation that will country by getting back to our bipar- SNAP to pay for an unproven, untest- make sure we have the ability to raise tisan roots. That is how we help our aged, severely underfunded program. the food and fiber that our neighbors riculture. That is how we help our What happens if your child gets sick need; that we can sell into the world country. or your car breaks down? Should that markets to meet their needs; and, yes, Mr. CONAWAY. Mr. Chair, I yield 1 mean you and your child go hungry for that we provide the ability, through minute to the gentleman from Iowa up to a year if you are sanctioned? this same piece of legislation, so that (Mr. YOUNG). What makes this even more troubling our neighbors, who, through tough Mr. YOUNG of Iowa. Mr. Chair, I rise is that the 10 pilot programs designed times, through, most often, cir- today in support of H.R. 2, the Agri- to give us best practices in providing cumstances beyond their control, have culture and Nutrition Act of 2018. In- employment and training services to the ability to access enough of that cluded in this great bill are two bills I SNAP recipients, one of which is in my food to meet their needs. introduced: the WATER Act and the home State of Delaware, have not been So, yes, we have to have a farm bill. STRESS Act, which was introduced completed or evaluated and won’t be We have to have a farm bill. I would with other colleagues as well. until at least 2019. say to all my colleagues, this is a step The WATER Act improves water Why are we putting the cart before in the long march to ultimately cre- quality by easing access to the Con- the horse? If the majority is really con- ating a final document that involves servation Innovation Grant program cerned with getting the policy right, the other body and requires a signature and reducing red tape. Iowans expect why not wait until we have the evi- by the Chief Executive of this country. and deserve clean water, and this bill dence and the data to make good use of Let’s debate and argue and fight out will help do that. taxpayer dollars? amendments tonight and tomorrow and The STRESS Act will help address To understand the impact on Dela- the next day. Let’s avoid what hap- the farmer suicide crisis gripping our ware, I traveled across my State and pened 5 years ago by doing things that Nation. By opening the Farm and met with farmers, emergency food pro- would try to kill the process. Let’s Ranch Stress Assistance Network, viders, supermarket owners, and State keep the process moving forward. Let’s farmers facing tough times can get the agencies. But the conversation that refine. Let’s perfect. Let’s pass a com- help that they need. Our farmers feed, surprised me the most was one I had prehensive farm bill so the people who fuel, and sustain the world. It is only recently with a father. He shared how, feed and clothe us have the ability to right we take steps to help them. years ago, SNAP and public housing al- do it, so those who need help in receiv- I was also pleased—and I thank the lowed him and his wife to raise three ing the resources they need have the chairman—that in the farm bill there healthy daughters. Because of support, ability to do it. are positive steps to address the food he was the first in his family to grad- We have no less option: Good faith. waste that is out there in our country. uate from high school and college and, Do what you need to do, but let’s get it Our country wastes 40 percent of our ultimately, to move out of poverty. done. There are people depending on us food supply. As a cofounder of the Food He paid that debt back in multiple everywhere and around the world Waste Caucus, I am committed to re- ways through service. He went on to today. ducing food waste to combat hunger, as become a social worker, a school ad- Mr. PETERSON. Mr. Chairman, I well as are many of my colleagues. ministrator, and, subsequently, was yield myself the balance of my time. Mr. Chair, I thank Chairman CON- elected city council president. Mr. Chairman, as I spoke earlier on AWAY as well for his leadership by put- The value of service was then passed the drawbacks of H.R. 2, I may not ting in the bill the Food Loss and down. One daughter went to work in have mentioned, before I reserved, that Waste Reduction Liaison at the USDA the White House and is now a professor I am very frustrated by the breakdown so we can take another step to reduce of social work at Rutgers University. in this process that has got us to where food waste by 50 percent by 2030. The second daughter became an engi- we are.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.091 H16MYPT1 H4056 CONGRESSIONAL RECORD — HOUSE May 16, 2018 Now, Mr. LUCAS is right, we do have So let me be as clear as I can be. In ments that will have to be offered over to have a farm bill, but let’s under- my opinion, breaking up that coalition, the next several days so that we can stand what we need to do that actually ruining a partnership that predates all maintain that safety net for produc- is required. Title 1 needs a farm bill. of us is a huge mistake. More than tion in agriculture that they need and Title 2 needs a farm bill. Other titles that, the closed- and one-sided nature deserve without the legislative history need a farm bill because they are only of this process that we have been of a loss on this floor that is totally authorized for 5 years. through is something that I have to unnecessary. So I am hopeful that my SNAP is permanently authorized. If call out. It does not bode well for farm colleagues over there will be a part of we didn’t do anything, SNAP would go and food legislation to come. that. on like it is. Crop insurance is perma- No party can do this alone. It is too Mr. Chairman, the entire State of nently authorized. If we didn’t do any- big of a job. So, as ranking member on California is under a work waiver so thing, crop insurance would go on just the House Agriculture Committee, I that no one in California has to work like it is. So the part of the bill that want you to know that I am willing to to be able to stay on food stamps. That we are worried about are these other come back to the table but only when doesn’t make any sense to me when parts that will expire on the end of the majority has the ability to sit you have got an unemployment rate of September 30. down and figure this out together. 4 percent across this country. So some- Now, what happens if we don’t get it I was told on this SNAP stuff by the thing has to change in that regard. done? We go back to permanent law. chairman that he could not negotiate What I have heard over and over, not Some of my constituents think that is it—it was nonnegotiable. That is what only today but throughout this debate, a good idea because it goes back to 100 got us into this problem. So, when we is folks from the other side, they are percent of parity. Most people in Amer- get to the point where we can actually full out, full throttle in favor of work ica probably know what I am talking start talking about negotiation, I am requirements, couldn’t be more sup- about when I talk about 100 percent of willing to come back to the table and portive of work requirements—just not parity, but a lot of old timers in my try to get back to a bipartisan situa- these. Over and over and over, they are full district know very much what that is. tion. And, you know, it is $9 corn. They Folks want to do welfare reform. I out in favor. We have got a legislative would love to have $9 corn. was there in 1996. I was part of the deal history of all of my colleagues on the So the permanent law is not an op- at that time. It should be done as a other side talking about how important it is for job training, for edu- tion. So we need to get something comprehensive review of all of the pro- cation, for getting folks the skills and done. But my point is that we don’t grams, not just the farm bill. need to do some of the things that we I just think it is a huge mistake for tools they need to be able to have are doing in these areas that are not us to be trying to tell people that, meaningful work—just not these. Got it. required to do anything because they somehow or another, putting work re- My ranking member had a letter are permanently authorized. quirements and these other things into So, as I speak today, you know, I re- from his folks that said not to nego- the farm bill is going to overhaul the tiate on SNAP. I took him at his word fused to give legitimacy to what has welfare system. That is just not true. been, in my view, an illegitimate proc- on that in regard. It is disappointing Most people don’t get enough money that we have reached this point. ess. The chairman said we tried to out of the Food Stamp program to But we are at that point. We now work on a bipartisan basis. You know, make a difference one way or the have a bill before us that does make we didn’t raise any issues at the time other. It is not food stamps that are meaningful reforms to the work re- because he said he didn’t have any causing people to be on welfare. It is quirements under food stamps, that money and we were going along with not food stamps that are causing peo- does not touch the working poor. Folks the system. And that is till we got into ple not to work, you know, and that is who are willing to work 20 hours a the situation where this SNAP stuff my big objection to this. week, no matter how long they are in came forward, you know, and I told It is just ideology run amuck, and it that circumstance, we are going to be you this was not going to fly in our is screwing up the process here, and I shoulder to shoulder with them to try caucus. And you can see over here the hope that we don’t do so much damage to get the support they need. feelings that you have engendered with that we can’t pull this back together at We are also trying to create a State- this proposal, you know, and it is the end of the day and get this done. based State-run program in which the breaking apart what we have had here So I am going to vote against H.R. 2, Federal taxpayer pays for work that in this country for a long time. and I urge all my colleagues to do as the States can do on job training. I have been here for four farm bills. I well, and I yield back the balance of There is no better spot to locate that have been here as a member, as a chair- my time. than there because we cannot create a man, and as a ranking member. Now, Mr. CONAWAY. Mr. Chairman, I one-size-fits-all training program here as Frank said, each of these bills has yield myself such time as I may con- in the United States House of Rep- had their share of headaches, and they sume. resentatives. I trust our States to be have all, at the end of the day, though, Mr. Chairman, I, too, am saddened by able to do that. Those States have the had more common ground than opposi- the loss of the bipartisan work that we capacity. They have the bandwidth to tion. And in the end, the Agriculture have typically done on this committee. make that happen. Comments to the Committee has always produced a I have bragged about being one of the contrary are really misplaced. product that we could be proud of be- few bipartisan committees in Congress So, as we move forward through the cause we knew we delivered the best back home a lot, and it is sad. rest of the debate, I would encourage deal possible, given the circumstances Just as the ranking member just my colleagues to join me in opposing that we were dealing with. said, that his side refused to negotiate all of those poison pill amendments We have always been able to work to- any changes to SNAP, I simply said: that have been presented that would gether for the mutual benefit of farm- Work requirements—strengthening the harm the non-SNAP portion of the ers, rural advocates, and consumers. work requirements is going to have to farm bill and support the work that we Prior to my time here, Senator Dole be a part of what we do. And that was have done so that, as my good col- and McGovern carried the medal—Hu- where we are with respect to that. league from Oklahoma just said, we bert Humphrey from my State, George What I heard over and over and over can continue to move this process for- Aiken before that. These weren’t again on the other side is that the non- ward, understand what the Senate gets ideologues, but they weren’t pushovers SNAP portions of the farm bill, while done, move to conference, and move a either. Each knew where their party maybe less than they would like to bill to the President’s desk by Sep- stood. Each also knew the value mak- have, are nevertheless essential and tember 30 so that farmers and ranchers ing sure the length between people who vital, and I am looking forward to my across this country, who we are the grow the food and the people who buy colleagues on the other side of the aisle most keen to support, have that cer- food and make sure that that link was working as diligently as they can to tainty of what the next 5-year support strong. defeat all of those poison pill amend- system looks like.

VerDate Sep 11 2014 07:14 May 17, 2018 Jkt 079060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.093 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4057 Right, wrong, or indifferent, they de- Carter (TX) Hartzler McSally Suozzi Upton Welch serve that kind of assurance, that kind Cartwright Heck Meadows Swalwell (CA) Valadao Wenstrup Castor (FL) Hensarling Meeks Takano Vargas Westerman of confidence that they will have the Castro (TX) Herrera Beutler Meng Taylor Veasey Williams farm program to back them up and Chabot Hice, Jody B. Messer Tenney Vela Wilson (SC) their bankers are supported in that re- Cheney Higgins (LA) Mitchell Thompson (CA) Wagner Wittman Thompson (MS) Walberg gard as well. So I am asking my col- Chu, Judy Higgins (NY) Moolenaar Womack Cicilline Hill Mooney (WV) Thompson (PA) Walden Woodall Thornberry Walker leagues to support H.R. 2 and fend off Clark (MA) Himes Moulton Yarmuth Tipton Walorski those poison pill amendments. Cleaver Holding Mullin Yoder Clyburn Hollingsworth Murphy (FL) Titus Walters, Mimi Mr. Chairman, I yield back the bal- Yoho Coffman Hoyer Nadler Torres Walz Young (AK) ance of my time. Cohen Hudson Napolitano Trott Wasserman Young (IA) The CHAIR. All time for general de- Cole Huffman Neal Tsongas Schultz Zeldin bate has expired. Collins (GA) Huizenga Newhouse Turner Weber (TX) Mr. CONAWAY. Mr. Chairman, I Collins (NY) Hultgren Noem NAYS—35 Comer Hunter Nolan move that the Committee do now rise. Comstock Hurd Norcross Amash Gosar Pocan The motion was agreed to. Conaway Issa Norman Barraga´ n Grothman Polis Accordingly, the Committee rose; Connolly Jackson Lee Nunes Bass Hastings Sanford Cook Jeffries O’Halleran Biggs Jayapal Schweikert and the Speaker pro tempore (Mr. COL- Cooper Jenkins (KS) O’Rourke Blumenauer Johnson, E. B. Scott (VA) LINS of Georgia) having assumed the Correa Jenkins (WV) Olson Clarke (NY) Jordan Smith (WA) chair, Mr. MITCHELL, Chair of the Com- Costa Johnson (GA) Palazzo Clay Lee Tonko Costello (PA) Johnson (LA) Palmer Davidson Massie Vela´ zquez mittee of the Whole House on the state DeSaulnier Moore Courtney Johnson (OH) Panetta Visclosky of the Union, reported that that Com- Foster Pallone Cramer Johnson, Sam Pascrell Waters, Maxine Frankel (FL) Payne mittee, having had under consideration Crawford Jones Paulsen Watson Coleman the bill (H.R. 2) to provide for the re- Crist Joyce (OH) Pearce Garrett Perry form and continuation of agricultural Crowley Kaptur Pelosi NOT VOTING—10 Cuellar Katko Perlmutter and other programs of the Department Culberson Keating Peters Beyer Gomez Webster (FL) of Agriculture through fiscal year 2023, Cummings Kelly (IL) Peterson Brown (MD) Labrador Wilson (FL) and for other purposes, had come to no Curbelo (FL) Kelly (MS) Pingree DeGette Richmond Gabbard Rogers (KY) resolution thereon. Curtis Kelly (PA) Pittenger Davis (CA) Kennedy Poe (TX) f Davis, Danny Khanna Poliquin b 1835 Davis, Rodney Kihuen Posey Messrs. GARRETT, JORDAN, ANNOUNCEMENT BY THE SPEAKER DeFazio Kildee Price (NC) PERRY, HASTINGS, and GROTHMAN PRO TEMPORE Delaney Kilmer Quigley DeLauro Kind Raskin changed their vote from ‘‘yea’’ to The SPEAKER pro tempore. Pursu- DelBene King (IA) Ratcliffe ‘‘nay.’’ ant to clause 8 of rule XX, proceedings Demings King (NY) Reed Denham Kinzinger Reichert Messrs. TAKANO and SIRES changed will resume on questions previously DeSantis Knight Renacci their vote from ‘‘nay’’ to ‘‘yea.’’ postponed. DesJarlais Krishnamoorthi Rice (NY) So the bill was passed. Votes will be taken in the following Deutch Kuster (NH) Rice (SC) The result of the vote was announced Diaz-Balart Kustoff (TN) Roby order: Dingell LaHood Roe (TN) as above recorded. Passage of H.R. 5698; Doggett LaMalfa Rogers (AL) A motion to reconsider was laid on Passage of S. 2372; and Donovan Lamb Rohrabacher the table. Agreeing to the Speaker’s approval of Doyle, Michael Lamborn Rokita F. Lance Rooney, Francis Stated against: the Journal, if ordered. Duffy Langevin Rooney, Thomas Ms. WILSON of Florida. Mr. Speaker, had I The first electronic vote will be con- Duncan (SC) Larsen (WA) J. been present, I would have voted ‘‘nay’’ on ducted as a 15-minute vote. Remaining Duncan (TN) Larson (CT) Ros-Lehtinen rollcall No. 188. electronic votes will be conducted as 5- Dunn Latta Rosen Ellison Lawrence Roskam f minute votes. Emmer Lawson (FL) Ross Engel Lesko Rothfus f VETERANS CEMETERY BENEFIT Eshoo Levin Rouzer CORRECTION ACT PROTECT AND SERVE ACT OF 2018 Espaillat Lewis (GA) Roybal-Allard Estes (KS) Lewis (MN) Royce (CA) The SPEAKER pro tempore. The un- The SPEAKER pro tempore. The un- Esty (CT) Lieu, Ted Ruiz Evans Lipinski Ruppersberger finished business is the demand for a finished business is the vote on passage Faso LoBiondo Rush recorded vote on the passage of the bill of the bill (H.R. 5698) to amend title 18, Ferguson Loebsack Russell (S. 2372) to amend title 38, United United States Code, to punish criminal Fitzpatrick Lofgren Rutherford States Code, to provide outer burial re- offenses targeting law enforcement of- Fleischmann Long Ryan (OH) Flores Loudermilk Sa´ nchez ceptacles for remains buried in Na- ficers, and for other purposes, on which Fortenberry Love Sarbanes tional Parks, and for other purposes, the yeas and nays were ordered. Foxx Lowenthal Scalise on which further a recorded vote was The Clerk read the title of the bill. Frelinghuysen Lowey Schakowsky Fudge Lucas Schiff ordered. The SPEAKER pro tempore. The Gaetz Luetkemeyer Schneider The Clerk read the title of the bill. question is on the passage of the bill. Gallagher Lujan Grisham, Schrader RECORDED VOTE Gallego M. Scott, Austin The vote was taken by electronic de- The SPEAKER pro tempore. A re- vice, and there were—yeas 382, nays 35, Garamendi Luja´ n, Ben Ray Scott, David Gianforte Lynch Sensenbrenner corded vote has been demanded. not voting 10, as follows: Gibbs MacArthur Serrano A recorded vote was ordered. [Roll No. 188] Gohmert Maloney, Sessions Gonzalez (TX) Carolyn B. Sewell (AL) The SPEAKER pro tempore. This is a YEAS—382 Goodlatte Maloney, Sean Shea-Porter 5-minute vote. Abraham Bilirakis Brooks (IN) Gottheimer Marchant Sherman The vote was taken by electronic de- Adams Bishop (GA) Brownley (CA) Gowdy Marino Shimkus vice, and there were—ayes 347, noes 70, Aderholt Bishop (MI) Buchanan Granger Marshall Shuster Aguilar Bishop (UT) Buck Graves (GA) Mast Simpson not voting 10, as follows: Allen Black Bucshon Graves (LA) Matsui Sinema [Roll No. 189] Amodei Blackburn Budd Graves (MO) McCarthy Sires Arrington Blum Burgess Green, Al McCaul Smith (MO) AYES—347 Babin Blunt Rochester Bustos Green, Gene McClintock Smith (NE) Abraham Banks (IN) Bilirakis Bacon Bonamici Butterfield Griffith McCollum Smith (NJ) Aderholt Barletta Bishop (GA) Banks (IN) Bost Byrne Grijalva McEachin Smith (TX) Aguilar Barr Bishop (MI) Barletta Boyle, Brendan Calvert Guthrie McGovern Smucker Allen Barraga´ n Bishop (UT) Barr F. Capuano Gutie´rrez McHenry Soto Amash Barton Black Barton Brady (PA) Carbajal Hanabusa McKinley Speier Amodei Beatty Blackburn Beatty Brady (TX) Ca´ rdenas Handel McMorris Stefanik Arrington Bera Blum Bera Brat Carson (IN) Harper Rodgers Stewart Babin Bergman Blunt Rochester Bergman Brooks (AL) Carter (GA) Harris McNerney Stivers Bacon Biggs Bost

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.094 H16MYPT1 H4058 CONGRESSIONAL RECORD — HOUSE May 16, 2018

Brady (TX) Grothman Moolenaar Turner Walden Wilson (SC) H. CON. RES. 121 Brat Guthrie Mooney (WV) Upton Walker Wittman Resolved by the House of Representatives (the Brooks (AL) Hanabusa Moulton Valadao Walorski Womack Brooks (IN) Handel Mullin Vargas Walters, Mimi Woodall Senate concurring), That in the enrollment of Brownley (CA) Harper Murphy (FL) Veasey Waters, Maxine Yoder the bill S. 2372, the Secretary of the Senate Buchanan Harris Napolitano Vela Weber (TX) Yoho shall make the following correction: Amend Buck Hartzler Neal Visclosky Wenstrup Young (AK) the long title so as to read: ‘‘An Act to estab- Bucshon Heck Newhouse Wagner Westerman Young (IA) lish a permanent community care program Budd Hensarling Noem Walberg Williams Zeldin for veterans, to establish a commission for Burgess Herrera Beutler Nolan NOES—70 the purpose of making recommendations re- Bustos Hice, Jody B. Norman garding the modernization or realignment of Butterfield Higgins (LA) Nunes Adams Gallego Payne Byrne Hill O’Halleran Bass Grijalva Pelosi facilities of the Veterans Health Administra- Calvert Himes O’Rourke Blumenauer Gutie´rrez Peterson tion, to improve construction of the Depart- Carbajal Holding Olson Bonamici Hastings Pocan ment of Veterans Affairs, to make certain Ca´ rdenas Hollingsworth Palazzo Boyle, Brendan Higgins (NY) Price (NC) improvements in the laws administered by Carson (IN) Hudson Palmer F. Hoyer Roybal-Allard the Secretary of Veterans Affairs relating to Carter (GA) Huffman Panetta Brady (PA) Jayapal Rush the home loan program of the Department of Carter (TX) Huizenga Pascrell Capuano Jeffries Sa´ nchez Castor (FL) Johnson, E. B. Veterans Affairs, and for other purposes.’’. Cartwright Hultgren Paulsen Schakowsky Chu, Judy Kelly (IL) Castro (TX) Hunter Pearce Scott (VA) The concurrent resolution was agreed Clark (MA) Khanna Chabot Hurd Perlmutter Serrano to. Cheney Issa Perry Clarke (NY) Larson (CT) Sires A motion to reconsider was laid on Cicilline Jackson Lee Peters Clay Lee Smith (WA) Clyburn Jenkins (KS) Pingree Cleaver Lewis (GA) the table. Soto Coffman Jenkins (WV) Pittenger Cohen Lofgren Titus f Cole Johnson (GA) Poe (TX) Cummings Lowey ´ Collins (GA) Johnson (LA) Poliquin DeLauro Maloney, Velazquez AGRICULTURE AND NUTRITION Collins (NY) Johnson (OH) Polis Demings Carolyn B. Walz ACT OF 2018 Comer Johnson, Sam Posey DeSaulnier McCollum Wasserman Comstock Jones Quigley Deutch McGovern Schultz The SPEAKER pro tempore. Pursu- Conaway Jordan Raskin Ellison Meng Watson Coleman ant to House Resolution 891 and rule Eshoo Moore Connolly Joyce (OH) Ratcliffe Welch XVIII, the Chair declares the House in Cook Kaptur Reed Espaillat Nadler Wilson (FL) Cooper Katko Reichert Evans Norcross Yarmuth the Committee of the Whole House on Correa Keating Renacci Frankel (FL) Pallone the state of the Union for the further Costa Kelly (MS) Rice (NY) NOT VOTING—10 consideration of the bill, H.R. 2. Costello (PA) Kelly (PA) Rice (SC) Will the gentleman from Minnesota Courtney Kennedy Roby Beyer Gabbard Rogers (KY) Cramer Kihuen Roe (TN) Brown (MD) Gomez Webster (FL) (Mr. LEWIS) kindly take the chair. Davis, Danny Labrador Crawford Kildee Rogers (AL) b 1846 Crist Kilmer Rohrabacher DeGette Richmond Crowley Kind Rokita ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE IN THE COMMITTEE OF THE WHOLE Cuellar King (IA) Rooney, Francis Accordingly, the House resolved Culberson King (NY) Rooney, Thomas The SPEAKER pro tempore (during Curbelo (FL) Kinzinger J. the vote). There are 2 minutes remain- itself into the Committee of the Whole Curtis Knight Ros-Lehtinen ing. House on the state of the Union for the Davidson Krishnamoorthi Rosen further consideration of the bill (H.R. Davis (CA) Kuster (NH) Roskam b 1842 2) to provide for the reform and con- Davis, Rodney Kustoff (TN) Ross ´ DeFazio LaHood Rothfus Mr. GUTIERREZ changed his vote tinuation of agricultural and other pro- Delaney LaMalfa Rouzer from ‘‘aye’’ to ‘‘no.’’ grams of the Department of Agri- DelBene Lamb Royce (CA) Mr. ENGEL changed his vote from culture through fiscal year 2023, and Denham Lamborn Ruiz ‘‘no’’ to ‘‘aye.’’ DeSantis Lance Ruppersberger for other purposes, with Mr. LEWIS of DesJarlais Langevin Russell So the bill was passed. Minnesota (Acting Chair) in the chair. Diaz-Balart Larsen (WA) Rutherford The result of the vote was announced The Clerk read the title of the bill. Dingell Latta Ryan (OH) as above recorded. The Acting CHAIR. When the Com- Doggett Lawrence Sanford Donovan Lawson (FL) Sarbanes A motion to reconsider was laid on mittee of the Whole rose earlier today, Doyle, Michael Lesko Scalise the table. all time for general debate pursuant to F. Levin Schiff f House Resolution 891 had expired. Duffy Lewis (MN) Schneider Pursuant to the rule, the bill shall be Duncan (SC) Lieu, Ted Schrader THE JOURNAL Duncan (TN) Lipinski Schweikert considered for amendment under the 5- Dunn LoBiondo Scott, Austin The SPEAKER pro tempore. The un- minute rule. Emmer Loebsack Scott, David finished business is the question on It shall be in order to consider as an Engel Long Sensenbrenner agreeing to the Speaker’s approval of Estes (KS) Loudermilk Sessions original bill for the purpose of amend- Esty (CT) Love Sewell (AL) the Journal, which the Chair will put ment under the 5-minute rule the Faso Lowenthal Shea-Porter de novo. amendment in the nature of a sub- Ferguson Lucas Sherman The question is on the Speaker’s ap- stitute recommended by the Com- Fitzpatrick Luetkemeyer Shimkus Fleischmann Lujan Grisham, Shuster proval of the Journal. mittee on Agriculture printed in the Flores M. Simpson Pursuant to clause 1, rule I, the Jour- bill. The committee amendment in the Fortenberry Luja´ n, Ben Ray Sinema nal stands approved. nature of a substitute shall be consid- Foster Lynch Smith (MO) Foxx MacArthur Smith (NE) f ered as read. Frelinghuysen Maloney, Sean Smith (NJ) DIRECTING THE SECRETARY OF The text of the committee amend- Fudge Marchant Smith (TX) THE SENATE TO MAKE A COR- ment in the nature of a substitute is as Gaetz Marino Smucker follows: Gallagher Marshall Speier RECTION IN THE ENROLLMENT Garamendi Massie Stefanik OF THE BILL S. 2372 H.R. 2 Garrett Mast Stewart Be it enacted by the Senate and House of Rep- Gianforte Matsui Stivers Mr. ROE of Tennessee. Mr. Speaker, I resentatives of the United States of America in Gibbs McCarthy Suozzi send to the desk a concurrent resolu- Congress assembled, Gohmert McCaul Swalwell (CA) tion and ask unanimous consent for its Gonzalez (TX) McClintock Takano SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Goodlatte McEachin Taylor immediate consideration. (a) SHORT TITLE.—This Act may be cited as Gosar McHenry Tenney The Clerk read the title of the con- the ‘‘Agriculture and Nutrition Act of 2018’’. Gottheimer McKinley Thompson (CA) current resolution. (b) TABLE OF CONTENTS.—The table of con- Gowdy McMorris Thompson (MS) tents for this Act is as follows: Granger Rodgers Thompson (PA) The SPEAKER pro tempore. Is there Graves (GA) McNerney Thornberry objection to the request of the gen- Sec. 1. Short title; table of contents. Graves (LA) McSally Tipton tleman from Tennessee? Sec. 2. Definition of Secretary of Agriculture. Graves (MO) Meadows Tonko There was no objection. TITLE I—COMMODITIES Green, Al Meeks Torres Green, Gene Messer Trott The text of the concurrent resolution Subtitle A—Commodity Policy Griffith Mitchell Tsongas is as follows: Sec. 1111. Definitions.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00078 Fmt 4634 Sfmt 6343 E:\CR\FM\A16MY7.048 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4059 Sec. 1112. Base acres. Sec. 2404. Watershed protection and flood pre- Sec. 3207. Borlaug fellowship program. Sec. 1113. Payment yields. vention. Sec. 3208. Global Crop Diversity Trust. Sec. 1114. Payment acres. Sec. 2405. Feral swine eradication and control Sec. 3209. Growing American Food Exports Act Sec. 1115. Producer election. pilot program. of 2018. Sec. 1116. Price loss coverage. Sec. 2406. Emergency conservation program. TITLE IV—NUTRITION Sec. 1117. Agriculture risk coverage. Subtitle E—Funding and Administration Subtitle A—Supplemental Nutrition Assistance Sec. 1118. Producer agreements. Sec. 2501. Commodity Credit Corporation. Program Subtitle B—Marketing Loans Sec. 2502. Delivery of technical assistance. Sec. 4001. Duplicative enrollment database. Sec. 1201. Availability of nonrecourse marketing Sec. 2503. Administrative requirements for con- Sec. 4002. Retailer-funded incentives pilot. assistance loans for loan commod- servation programs. Sec. 4003. Gus Schumacher food insecurity nu- ities. Sec. 2504. Establishment of State technical com- trition incentive program. Sec. 1202. Loan rates for nonrecourse marketing mittees. Sec. 4004. Re-evaluation of thrifty food plan. assistance loans. Subtitle F—Agricultural Conservation Easement Sec. 4005. Food distribution programs on Indian Sec. 1203. Term of loans. Program reservations. Sec. 1204. Repayment of loans. Sec. 4006. Update to categorical eligibility. Sec. 1205. Loan deficiency payments. Sec. 2601. Establishment and purposes. Sec. 4007. Basic allowance for housing. Sec. 1206. Payments in lieu of loan deficiency Sec. 2602. Definitions. Sec. 4008. Earned income deduction. payments for grazed acreage. Sec. 2603. Agricultural land easements. Sec. 4009. Simplified homeless housing costs. Sec. 1207. Special marketing loan provisions for Sec. 2604. Wetland reserve easements. Sec. 4010. Availability of standard utility allow- upland cotton. Sec. 2605. Administration. ances based on receipt of energy Sec. 1208. Special competitive provisions for Subtitle G—Regional Conservation Partnership assistance. extra long staple cotton. Program Sec. 4011. Child support; cooperation with child Sec. 1209. Availability of recourse loans. Sec. 2701. Definitions. support agencies. Sec. 1210. Adjustments of loans. Sec. 2702. Regional conservation partnerships. Sec. 4012. Adjustment to asset limitations. Subtitle C—Sugar Sec. 2703. Assistance to producers. Sec. 4013. Updated vehicle allowance. Sec. 4014. Savings excluded from assets. Sec. 1301. Sugar policy. Sec. 2704. Funding. Sec. 2705. Administration. Sec. 4015. Workforce solutions. Subtitle D—Dairy Risk Management Program Sec. 2706. Critical conservation areas. Sec. 4016. Modernization of electronic benefit and Other Dairy Programs transfer regulations. Subtitle H—Repeals and Transitional Sec. 1401. Dairy risk management program for Sec. 4017. Mobile technologies. Provisions; Technical Amendments dairy producers. Sec. 4018. Processing fees. Sec. 1402. Class I skim milk price. Sec. 2801. Repeal of conservation security and Sec. 4019. Replacement of EBT cards. Sec. 1403. Extension of dairy forward pricing conservation stewardship pro- Sec. 4020. Benefit recovery. program. grams. Sec. 4021. Requirements for online acceptance Sec. 1404. Extension of dairy indemnity pro- Sec. 2802. Repeal of terminal lakes assistance. of benefits. gram. Sec. 2803. Technical amendments. Sec. 4022. National gateway. Sec. 1405. Extension of dairy promotion and re- TITLE III—TRADE Sec. 4023. Access to State systems. Sec. 4024. Transitional benefits. search program. Subtitle A—Food for Peace Act Sec. 1406. Repeal of dairy product donation Sec. 4025. Incentivizing technology moderniza- program. Sec. 3001. Findings. tion. Sec. 3002. Labeling requirements. Sec. 4026. Supplemental nutrition assistance Subtitle E—Supplemental Agricultural Disaster Sec. 3003. Food aid quality assurance. program benefit transfer trans- Assistance Programs Sec. 3004. Local sale and barter of commodities. action data report. Sec. 1501. Modification of supplemental agricul- Sec. 3005. Minimum levels of assistance. Sec. 4027. Adjustment to percentage of recov- tural disaster assistance. Sec. 3006. Extension of termination date of ered funds retained by States. Subtitle F—Administration Food Aid Consultative Group. Sec. 4028. Tolerance level for payment errors. Sec. 1601. Administration generally. Sec. 3007. Issuance of regulations. Sec. 4029. State performance indicators. Sec. 1602. Suspension of permanent price sup- Sec. 3008. Funding for program oversight, moni- Sec. 4030. Public-private partnerships. port authority. toring, and evaluation. Sec. 4031. Authorization of appropriations. Sec. 1603. Payment limitations. Sec. 3009. Assistance for stockpiling and rapid Sec. 4032. Emergency food assistance. Sec. 1604. Adjusted gross income limitation. transportation, delivery, and dis- Sec. 4033. Nutrition education. Sec. 1605. Prevention of deceased individuals tribution of shelf-stable pre- Sec. 4034. Retail food store and recipient traf- receiving payments under farm packaged foods. ficking. commodity programs. Sec. 3010. Consideration of impact of provision Sec. 4035. Technical corrections. Sec. 1606. Assignment of payments. of agricultural commodities and Sec. 4036. Implementation funds. Sec. 1607. Tracking of benefits. other assistance on local farmers Subtitle B—Commodity Distribution Programs Sec. 1608. Signature authority. and economy. Sec. 4101. Commodity distribution program. Sec. 1609. Personal liability of producers for de- Sec. 3011. Prepositioning of agricultural com- Sec. 4102. Commodity supplemental food pro- ficiencies. modities. gram. Sec. 1610. Implementation. Sec. 3012. Annual report regarding food aid Sec. 4103. Distribution of surplus commodities Sec. 1611. Exemption from certain reporting re- programs and activities. to special nutrition projects. Sec. 3013. Deadline for agreements to finance quirements for certain producers. Subtitle C—Miscellaneous sales or to provide other assist- TITLE II—CONSERVATION ance. Sec. 4201. Purchase of fresh fruits and vegeta- Subtitle A—Wetland Conservation Sec. 3014. Minimum level of nonemergency food bles for distribution to schools Sec. 2101. Program ineligibility. assistance. and service institutions. Sec. 2102. Minimal effect regulations. Sec. 3015. Termination date for micronutrient Sec. 4202. Seniors farmers’ market nutrition Subtitle B—Conservation Reserve Program fortification programs. program. Sec. 4203. Healthy food financing initiative. Sec. 2201. Conservation reserve. Sec. 3016. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program. Sec. 4204. Amendments to the fruit and vege- Sec. 2202. Farmable wetland program. table program. Sec. 2203. Duties of owners and operators. Subtitle B—Agricultural Trade Act of 1978 TITLE V—CREDIT Sec. 2204. Duties of the Secretary. Sec. 3101. Findings. Subtitle A—Farm Ownership Loans Sec. 2205. Payments. Sec. 3102. Consolidation of current programs as Sec. 2206. Contracts. new International Market Devel- Sec. 5101. Modification of the 3-year experience Subtitle C—Environmental Quality Incentives opment Program. eligibility requirement for farm ownership loans. Program Subtitle C—Other Agricultural Trade Laws Sec. 5102. Conservation loan and loan guar- Sec. 2301. Definitions. Sec. 3201. Local and regional food aid procure- antee program. Sec. 2302. Establishment and administration. ment projects. Sec. 2303. Limitation on payments. Sec. 5103. Farm ownership loan limits. Sec. 3202. Promotion of agricultural exports to Subtitle B—Operating Loans Sec. 2304. Conservation innovation grants and emerging markets. payments. Sec. 3203. Bill Emerson Humanitarian Trust Sec. 5201. Limitations on amount of operating Subtitle D—Other Conservation Programs Act. loans. Sec. 5202. Microloans. Sec. 2401. Conservation of private grazing land. Sec. 3204. Food for Progress Act of 1985. Sec. 2402. Grassroots source water protection Sec. 3205. McGovern-Dole International Food Subtitle C—Administrative Provisions program. for Education and Child Nutrition Sec. 5301. Beginning farmer and rancher indi- Sec. 2403. Voluntary public access and habitat Program. vidual development accounts pilot incentive program. Sec. 3206. Cochran fellowship program. program.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00079 Fmt 4634 Sfmt 6343 E:\CR\FM\A16MY7.044 H16MYPT1 H4060 CONGRESSIONAL RECORD — HOUSE May 16, 2018 Sec. 5302. Loan authorization levels. Sec. 6209. Water systems for rural and native Sec. 7104. Specialty crop committee. Sec. 5303. Loan fund set-asides. villages in Alaska. Sec. 7105. Renewable energy committee discon- Subtitle D—Technical Corrections to the Sec. 6210. Household water well systems. tinued. Consolidated Farm and Rural Development Act Sec. 6211. Solid waste management grants. Sec. 7106. Report on allocations and matching Sec. 6212. Rural business development grants. funds for 1890 institutions. Sec. 5401. Technical corrections to the Consoli- Sec. 6213. Rural cooperative development Sec. 7107. Grants and fellowships for food and dated Farm and Rural Develop- grants. agriculture sciences education. ment Act. Sec. 6214. Locally or regionally produced agri- Sec. 7108. Agricultural and food policy research Subtitle E—Amendments to the Farm Credit Act cultural food products. centers. of 1971 Sec. 6215. Appropriate technology transfer for Sec. 7109. Education grants to Alaska Native Sec. 5501. Elimination of obsolete references. rural areas program. serving institutions and Native Sec. 5502. Conforming repeals. Sec. 6216. Rural economic area partnership Hawaiian serving institutions. Sec. 5503. Facility headquarters. zones. Sec. 7110. Repeal of nutrition education pro- Sec. 5504. Sharing privileged and confidential Sec. 6217. Intermediary relending program. gram. Sec. 6218. Exclusion of prison populations from information. Sec. 7111. Continuing animal health and dis- definition of rural area. Sec. 5505. Scope of jurisdiction. ease research programs. Sec. 6219. National Rural Development Partner- Sec. 5506. Definition. Sec. 7112. Extension carryover at 1890 land- ship. Sec. 5507. Expansion of acreage exception to grant colleges, including Tuskegee Sec. 6220. Grants for NOAA weather radio loan amount limitation. University. transmitters. Sec. 7113. Scholarships for students at 1890 in- Sec. 5508. Compensation of bank directors. Sec. 6221. Rural microentrepreneur assistance Sec. 5509. Prohibition on use of funds. stitutions. program. Sec. 7114. Grants to upgrade agricultural and Subtitle F—Miscellaneous Sec. 6222. Health care services. food sciences facilities at 1890 Sec. 5601. State agricultural mediation pro- Sec. 6223. Delta Regional Authority. land-grant colleges, including grams. Sec. 6224. Northern Great Plains Regional Au- Tuskegee University. Sec. 5602. Study on loan risk. thority. Sec. 7115. Grants to upgrade agriculture and Sec. 6225. Rural business investment program. TITLE VI—RURAL INFRASTRUCTURE AND food sciences facilities and equip- ECONOMIC DEVELOPMENT Subtitle D—Rural Electrification Act of 1936 ment at insular area land-grant Subtitle A—Improving Health Outcomes in Sec. 6301. Guarantees for bonds and notes institutions. Rural Communities issued for electrification or tele- Sec. 7116. Hispanic-serving institutions. phone purposes. Sec. 7117. Land-grant designation. Sec. 6001. Prioritizing projects to meet health Sec. 6302. Expansion of 911 access. Sec. 7118. Competitive grants for international crises in rural America. Sec. 6303. Improvements to the guaranteed un- agricultural science and edu- Sec. 6002. Distance learning and telemedicine. derwriter program. cation programs. Sec. 6003. Reauthorization of the Farm and Sec. 6304. Extension of the rural economic de- Sec. 7119. Limitation on indirect costs for agri- Ranch Stress Assistance Network. velopment loan and grant pro- cultural research, education, and Sec. 6004. Supporting agricultural association gram. extension programs. health plans. Subtitle E—Farm Security and Rural Sec. 7120. Research equipment grants. Subtitle B—Connecting Rural Americans to Investment Act of 2002 Sec. 7121. University research. High Speed Broadband Sec. 7122. Extension service. Sec. 6401. Rural energy savings program. Sec. 7123. Supplemental and alternative crops. Sec. 6101. Establishing forward-looking Sec. 6402. Biobased markets program. broadband standards. Sec. 6403. Biorefinery, renewable, chemical, and Sec. 7124. Capacity building grants for NLGCA Sec. 6102. Incentives for hard to reach commu- biobased product manufacturing institutions. nities. assistance. Sec. 7125. Aquaculture assistance programs. Sec. 6103. Requiring guaranteed broadband Sec. 6404. Repowering assistance program. Sec. 7126. Rangeland research programs. lending. Sec. 6405. Bioenergy program for advanced Sec. 7127. Special authorization for biosecurity Sec. 6104. Smart utility authority for biofuels. planning and response. broadband. Sec. 6406. Biodiesel fuel education program. Sec. 7128. Distance education and resident in- Sec. 6105. Modifications to the Rural Gigabit Sec. 6407. Rural Energy for America Program. struction grants program for insu- Program. Sec. 6408. Categorical exclusion for grants and lar area institutions of higher Sec. 6106. Unified broadband reporting require- financial assistance made under education. ments. the Rural Energy for America Sec. 7129. Removal of matching funds require- Sec. 6107. Improving access by providing cer- Program. ment for certain grants. tainty to broadband borrowers. Sec. 6409. Rural Energy Self-Sufficiency Initia- Subtitle B—Food, Agriculture, Conservation, Sec. 6108. Simplified application window. tive. and Trade Act of 1990 Sec. 6109. Elimination of requirement to give Sec. 6410. Feedstock flexibility. Sec. 7201. Best utilization of biological applica- priority to certain applicants. Sec. 6411. Biomass Crop Assistance Program. tions. Sec. 6110. Modification of buildout requirement. Subtitle F—Miscellaneous Sec. 7202. Integrated management systems. Sec. 6111. Improving borrower refinancing op- Sec. 6501. Value-added agricultural product Sec. 7203. Sustainable agriculture technology tions. market development grants. development and transfer pro- Sec. 6112. Elimination of unnecessary reporting Sec. 6502. Agriculture innovation center dem- gram. requirements. onstration program. Sec. 7204. National training program. Sec. 6113. Access to broadband telecommuni- Sec. 6503. Regional economic and infrastructure Sec. 7205. National Genetics Resources Pro- cations services in rural areas. development commissions. gram. Sec. 6114. Middle mile broadband infrastruc- Sec. 6504. Definition of rural area for purposes Sec. 7206. National Agricultural Weather Infor- ture. of the Housing Act of 1949. mation System. Sec. 6115. Outdated broadband systems. Subtitle G—Program Repeals Sec. 7207. Agricultural genome to phenome ini- Sec. 6116. Effective date. tiative. Sec. 6601. Elimination of unfunded programs. Sec. 7208. High-priority research and extension Subtitle C—Consolidated Farm and Rural Sec. 6602. Repeal of Rural Telephone Bank. initiatives. Development Act Sec. 6603. Amendments to LOCAL TV Act. Sec. 7209. Organic agriculture research and ex- Sec. 6201. Strengthening regional economic de- Subtitle H—Technical Corrections velopment incentives. tension initiative. Sec. 6701. Corrections relating to the Consoli- Sec. 6202. Expanding access to credit for rural Sec. 7210. Farm business management. dated Farm and Rural Develop- Sec. 7211. Clarification of veteran eligibility for communities. ment Act. assistive technology program for Sec. 6203. Providing for additional fees for Sec. 6702. Corrections relating to the Rural farmers with disabilities. guaranteed loans. Electrification Act of 1936. Sec. 7212. National Rural Information Center Sec. 6204. Water, waste disposal, and waste- Clearinghouse. water facility grants. TITLE VII—RESEARCH, EXTENSION, AND Sec. 6205. Rural water and wastewater tech- RELATED MATTERS Subtitle C—Agricultural Research, Extension, nical assistance and training pro- Subtitle A—National Agricultural Research, and Education Reform Act of 1998 grams. Extension, and Teaching Policy Act of 1977 Sec. 7300. Ending limitation on funding under Sec. 6206. Rural water and wastewater circuit Sec. 7101. International agriculture research. national food safety training, rider program. Sec. 7102. Matters related to certain school des- education, extension, outreach, Sec. 6207. Tribal college and university essen- ignations and declarations. and technical assistance program. tial community facilities. Sec. 7103. National Agricultural Research, Ex- Sec. 7301. National food safety training, edu- Sec. 6208. Emergency and imminent community tension, Education, and Econom- cation, extension, outreach, and water assistance grant program. ics Advisory Board. technical assistance program.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00080 Fmt 4634 Sfmt 6343 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4061 Sec. 7302. Integrated research, education, and Sec. 8202. Resource advisory committees. Sec. 9004. Specialty crop block grants. extension competitive grants pro- Sec. 8203. Program for title II self-sustaining re- Sec. 9005. Amendments to the Plant Variety gram. source advisory committee Protection Act. Sec. 7303. Support for research regarding dis- projects. Sec. 9006. Organic programs. eases of wheat, triticale, and bar- Subtitle C—Availability of Categorical Exclu- Subtitle B—Regulatory Reform ley caused by Fusarium sions To Expedite Forest Management Activi- PART I—STATE LEAD AGENCIES UNDER FEDERAL graminearum or by Tilletia indica. ties INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT Sec. 7304. Grants for youth organizations. Sec. 7305. Specialty crop research initiative. PART I—GENERAL PROVISIONS Sec. 9101. Recognition and role of State lead Sec. 7306. Food Animal Residue Avoidance Sec. 8301. Definitions. agencies. Database program. Sec. 8302. Rule of application for National For- PART II—PESTICIDE REGISTRATION AND USE Sec. 7307. Office of Pest Management Policy. est System lands and public lands. Sec. 9111. Registration of pesticides. Sec. 7308. Forestry products advanced utiliza- Sec. 8303. Consultation under the Endangered Sec. 9112. Experimental use permits. tion research. Species Act. Sec. 9113. Administrative review; suspension. Subtitle D—Food, Conservation, and Energy Act Sec. 8304. Secretarial discretion in the case of Sec. 9114. Unlawful acts. of 2008 two or more categorical exclu- Sec. 9115. Authority of States. sions. PART I—AGRICULTURAL SECURITY Sec. 9116. Regulations. Sec. 9117. Use of authorized pesticides. Sec. 7401. Agricultural biosecurity communica- PART II—CATEGORICAL EXCLUSIONS Sec. 8311. Categorical exclusion to expedite cer- Sec. 9118. Discharges of pesticides. tion center. Sec. 9119. Enactment of Pesticide Registration Sec. 7402. Assistance to build local capacity in tain critical response actions. Improvement Enhancement Act of agricultural biosecurity planning, Sec. 8312. Categorical exclusion to expedite sal- 2017. preparation, and response. vage operations in response to Sec. 7403. Research and development of agricul- catastrophic events. PART III—AMENDMENTS TO THE PLANT tural countermeasures. Sec. 8313. Categorical exclusion to meet forest PROTECTION ACT Sec. 7404. Agricultural biosecurity grant pro- plan goals for early successional Sec. 9121. Methyl bromide. gram. forests. PART IV—AMENDMENTS TO OTHER LAWS PART II—MISCELLANEOUS Sec. 8314. Categorical exclusion for hazard Sec. 9131. Definition of retail facilities. trees. Sec. 7411. Grazinglands research laboratory. Subtitle C—Other Matters Sec. 7412. Natural products research program. Sec. 8315. Categorical exclusion to improve or Sec. 9201. Report on regulation of plant bio- Sec. 7413. Sun grant program. restore National Forest System lands or public land or reduce the stimulants. Subtitle E—Amendments to Other Laws risk of wildfire. Sec. 9202. Pecan marketing orders. Sec. 7501. Critical Agricultural Materials Act. Sec. 8316. Categorical exclusion for forest res- Sec. 9203. Report on honey and maple syrup. Sec. 7502. Equity in Educational Land-Grant toration. TITLE X—CROP INSURANCE Status Act of 1994. Sec. 8317. Categorical exclusion for infrastruc- Sec. 10001. Treatment of forage and grazing. Sec. 7503. Research Facilities Act. ture forest management activities. Sec. 7504. Competitive, Special, and Facilities Sec. 10002. Administrative basic fee. Sec. 8318. Categorical exclusion for developed Sec. 10003. Prevention of duplicative coverage. Research Grant Act. recreation sites. Sec. 10004. Repeal of unused authority. Sec. 7505. Renewable Resources Extension Act Sec. 8319. Categorical exclusion for administra- Sec. 10005. Continued authority. of 1978. tive sites. Sec. 10006. Program administration. Sec. 7506. National Aquaculture Act of 1980. Sec. 8320. Categorical exclusion for special use Sec. 7507. Beginning farmer and rancher devel- Sec. 10007. Maintenance of policies. authorizations. Sec. 10008. Research and development priorities. opment program. Sec. 8321. Clarification of existing categorical Sec. 7508. Federal agriculture research facili- Sec. 10009. Extension of funding for research exclusion authority related to in- ties. and development. Sec. 7509. Biomass research and development. sect and disease infestation. Sec. 10010. Education and risk management assistance. Subtitle F—Other Matters PART III—MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES TITLE XI—MISCELLANEOUS Sec. 7601. Enhanced use lease authority program. Sec. 8331. Good neighbor agreements. Subtitle A—Livestock Sec. 7602. Functions and Duties of the Under Sec. 8332. Promoting cross-boundary wildfire Sec. 11101. Animal Disease Preparedness and Secretary. mitigation. Response. Sec. 7603. Reinstatement of District of Columbia Sec. 8333. Regulations regarding designation of Sec. 11102. National Aquatic Animal Health matching requirement for certain dead or dying trees of certain tree Plan. land-grant university assistance. species on National Forest System Sec. 11103. Veterinary training. Sec. 7604. Farmland tenure, transition, and lands in California as exempt Sec. 11104. Report on FSIS guidance and out- entry data initiative. from prohibition on export of un- reach to small meat processors. Sec. 7605. Transfer of administrative jurisdic- processed timber originating from Subtitle B—Beginning, Socially Disadvantaged, tion, portion of Henry A. Wallace Federal lands. and Veteran Producers Beltsville Agricultural Research Subtitle D—Tribal Forestry Participation and Sec. 11201. Outreach and assistance for socially Center, Beltsville, Maryland. Protection disadvantaged farmers and Sec. 7606. Simplified plan of work. Sec. 8401. Protection of Tribal forest assets ranchers and veteran farmers and Sec. 7607. Time and effort reporting exemption. through use of stewardship end Sec. 7608. Public education on biotechnology in ranchers. result contracting and other au- food and agriculture sectors. Sec. 11202. Office of Partnerships and Public thorities. Engagement. TITLE VIII—FORESTRY Sec. 8402. Tribal forest management demonstra- Sec. 11203. Commission on Farm Transitions— Subtitle A—Reauthorization and Modification tion project. Needs for 2050. of Certain Forestry Programs Subtitle E—Other Matters Sec. 11204. Agricultural youth organization coordinator. Sec. 8101. Support for State assessments and Sec. 8501. Clarification of research and develop- strategies for forest resources. ment program for wood building Subtitle C—Textiles Sec. 8102. Forest legacy program. construction. Sec. 11301. Repeal of Pima Agriculture Cotton Sec. 8103. Community forest and open space Sec. 8502. Utility infrastructure rights-of-way Trust Fund. conservation program. vegetation management pilot pro- Sec. 11302. Repeal of Agriculture Wool Apparel Sec. 8104. State and private forest landscape- gram. Manufacturers Trust Fund. scale restoration program. Sec. 11303. Repeal of wool research and pro- Sec. 8105. Rural revitalization technologies. Sec. 8503. Revision of extraordinary cir- motion grants funding. Sec. 8106. Community wood energy and wood cumstances regulations. Sec. 11304. Textile Trust Fund. innovation program. Sec. 8504. No loss of funds for wildfire suppres- Sec. 8107. Healthy Forests Restoration Act of sion. Subtitle D—United States Grain Standards Act 2003 amendments. Sec. 8505. Technical corrections. Sec. 11401. Restoring certain exceptions to Sec. 8108. National Forest Foundation Act au- TITLE IX—HORTICULTURE United States Grain Standards thorities. Subtitle A—Horticulture Marketing and Act. Subtitle B—Secure Rural Schools and Commu- Information Subtitle E—Noninsured Crop Disaster nity Self-Determination Act of 2000 Amend- Sec. 9001. Specialty crops market news alloca- Assistance Program ments tion. Sec. 11501. Eligible crops. Sec. 8201. Use of reserved funds for title II Sec. 9002. Farmers’ Market and Local Food Sec. 11502. Service fee. projects on Federal land and cer- Promotion Program. Sec. 11503. Payments equivalent to additional tain non-Federal land. Sec. 9003. Food safety education initiatives. coverage.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00081 Fmt 4634 Sfmt 6343 E:\CR\FM\A16MY7.044 H16MYPT1 H4062 CONGRESSIONAL RECORD — HOUSE May 16, 2018

Subtitle F—Other Matters (8) EXTRA LONG STAPLE COTTON.—The term (19) SEED COTTON.—The term ‘‘seed cotton’’ Sec. 11601. Under Secretary of Agriculture for ‘‘extra long staple cotton’’ means cotton that— means unginned upland cotton that includes Farm Production and Conserva- (A) is produced from pure strain varieties of both lint and seed. tion. the barbadense species or any hybrid of the spe- (20) STATE.—The term ‘‘State’’ means— Sec. 11602. Authority of Secretary to carry out cies, or other similar types of extra long staple (A) a State; certain programs under Depart- cotton, designated by the Secretary, having (B) the District of Columbia; ment of Agriculture Reorganiza- characteristics needed for various end uses for (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the tion Act of 1994. which United States upland cotton is not suit- Sec. 11603. Conference report requirement able and grown in irrigated cotton-growing re- United States. (21) TEMPERATE JAPONICA RICE.—The term threshold. gions of the United States designated by the ‘‘temperate japonica rice’’ means rice that is Sec. 11604. National agriculture imagery pro- Secretary or other areas designated by the Sec- grown in high altitudes or temperate regions of gram. retary as suitable for the production of the vari- Sec. 11605. Report on inclusion of natural stone eties or types; and high latitudes with cooler climate conditions, in products in Commodity Pro- (B) is ginned on a roller-type gin or, if au- the Western United States, as determined by the motion, Research, and Informa- thorized by the Secretary, ginned on another Secretary, for the purpose of— (A) the establishment of a reference price (as tion Act of 1996. type gin for experimental purposes. required under section 1116(g)) and an effective Sec. 11606. South Carolina inclusion in Vir- (9) MARKETING YEAR AVERAGE PRICE.—The price pursuant to section 1116; and ginia/Carolina peanut producing term ‘‘marketing year average price’’ means the (B) the determination of the actual crop rev- region. national average market price received by pro- enue and agriculture risk coverage guarantee Sec. 11607. Establishment of Food Loss and ducers during the 12-month marketing year for pursuant to section 1117. Waste Reduction Liaison. a covered commodity, as determined by the Sec- (22) TRANSITIONAL YIELD.—The term ‘‘transi- Sec. 11608. Cotton classification services. retary. tional yield’’ has the meaning given the term in Sec. 11609. Century farms program. (10) MEDIUM GRAIN RICE.—The term ‘‘medium section 502(b) of the Federal Crop Insurance Act Sec. 11610. Report on agricultural innovation. grain rice’’ includes short grain rice and tem- (7 U.S.C. 1502(b)). Sec. 11611. Report on dog importation. perate japonica rice. (23) UNITED STATES.—The term ‘‘United Sec. 11612. Prohibition on slaughter of dogs and (11) OTHER OILSEED.—The term ‘‘other oil- States’’, when used in a geographical sense, cats for human consumption. seed’’ means a crop of sunflower seed, rapeseed, means all of the States. Subtitle G—Protecting Interstate Commerce canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated (24) UNITED STATES PREMIUM FACTOR.—The Sec. 11701. Prohibition against interference by by the Secretary. term ‘‘United States Premium Factor’’ means State and local governments with (12) PAYMENT ACRES.—The term ‘‘payment the percentage by which the difference in the production or manufacture of acres’’, with respect to the provision of price loss United States loan schedule premiums for Strict 1 items in other States. coverage payments and agriculture risk cov- Middling (SM) 1 ⁄8-inch upland cotton and for 3 Sec. 11702. Federal cause of action to challenge erage payments, means the number of acres de- Middling (M) 1 ⁄32-inch upland cotton exceeds State regulation of interstate com- termined for a farm under section 1114. the difference in the applicable premiums for merce. (13) PAYMENT YIELD.—The term ‘‘payment comparable international qualities. SEC. 2. DEFINITION OF SECRETARY OF AGRI- yield’’, for a farm for a covered commodity— SEC. 1112. BASE ACRES. CULTURE. (A) means the yield used to make payments (a) ADJUSTMENT OF BASE ACRES.— In this Act, the term ‘‘Secretary’’ means the pursuant to section 1116 of the Agricultural Act (1) IN GENERAL.—The Secretary shall provide Secretary of Agriculture. of 2014 (7 U.S.C. 9016); or for an adjustment, as appropriate, in the base TITLE I—COMMODITIES (B) means the yield established under section acres for covered commodities for a farm whenever any of the following circumstances occur: Subtitle A—Commodity Policy 1113. (14) PRICE LOSS COVERAGE.—The term ‘‘price (A) A conservation reserve contract entered SEC. 1111. DEFINITIONS. loss coverage’’ means coverage provided under into under section 1231 of the Food Security Act In this subtitle and subtitle B: section 1116. of 1985 (16 U.S.C. 3831) with respect to the farm (1) ACTUAL CROP REVENUE.—The term ‘‘actual (15) PRODUCER.— expires or is voluntarily terminated. crop revenue’’, with respect to a covered com- (A) IN GENERAL.—The term ‘‘producer’’ means (B) Cropland is released from coverage under modity for a crop year, means the amount deter- an owner, operator, landlord, tenant, or share- a conservation reserve contract by the Sec- mined by the Secretary under section 1117(b). cropper that shares in the risk of producing a retary. (2) AGRICULTURE RISK COVERAGE.—The term crop and is entitled to share in the crop avail- (C) The producer has eligible oilseed acreage ‘‘agriculture risk coverage’’ means coverage pro- able for marketing from the farm, or would have as the result of the Secretary designating addi- vided under section 1117. shared had the crop been produced. tional oilseeds, which shall be determined in the (3) AGRICULTURE RISK COVERAGE GUAR- (B) HYBRID SEED.—In determining whether a same manner as eligible oilseed acreage under ANTEE.—The term ‘‘agriculture risk coverage grower of hybrid seed is a producer, the Sec- section 1101(a)(1)(D) of the Food, Conservation, guarantee’’, with respect to a covered com- retary shall— and Energy Act of 2008 (7 U.S.C. 8711(a)(1)(D)). modity for a crop year, means the amount deter- (i) not take into consideration the existence of (2) SPECIAL CONSERVATION RESERVE ACREAGE mined by the Secretary under section 1117(c). a hybrid seed contract; and PAYMENT RULES.—For the crop year in which a (4) BASE ACRES.—The term ‘‘base acres’’ has (ii) ensure that program requirements do not base acres adjustment under subparagraph (A) the meaning given the term in section 1111(4)(A) adversely affect the ability of the grower to re- or (B) of paragraph (1) is first made, the owner of the Agricultural Act of 2014 (7 U.S.C. ceive a payment under this title. of the farm shall elect to receive price loss cov- 9011(4)(A)), subject to any reallocation, adjust- (16) PULSE CROP.—The term ‘‘pulse crop’’ erage or agriculture risk coverage with respect ment, or reduction under section 1112. means dry peas, lentils, small chickpeas, and to the acreage added to the farm under this sub- (5) COVERED COMMODITY.—The term ‘‘covered large chickpeas. section or a prorated payment under the con- commodity’’ means wheat, oats, and barley (in- (17) REFERENCE PRICE.—The term ‘‘reference servation reserve contract, but not both. cluding wheat, oats, and barley used for haying price’’, with respect to a covered commodity for (b) PREVENTION OF EXCESS BASE ACRES.— and grazing), corn, grain sorghum, long grain a crop year, means the following: (1) REQUIRED REDUCTION.—If the sum of the rice, medium grain rice, pulse crops, soybeans, (A) For wheat, $5.50 per bushel. base acres for a farm and the acreage described other oilseeds, seed cotton, and peanuts. (B) For corn, $3.70 per bushel. in paragraph (2) exceeds the actual cropland (6) EFFECTIVE PRICE.—The term ‘‘effective (C) For grain sorghum, $3.95 per bushel. acreage of the farm, the Secretary shall reduce price’’, with respect to a covered commodity for (D) For barley, $4.95 per bushel. the base acres for 1 or more covered commodities a crop year, means the price calculated by the (E) For oats, $2.40 per bushel. for the farm so that the sum of the base acres Secretary under section 1116(b) to determine (F) For long grain rice, $14.00 per hundred- and the acreage described in paragraph (2) does whether price loss coverage payments are re- weight. not exceed the actual cropland acreage of the quired to be provided for that crop year. (G) For medium grain rice, $14.00 per hun- farm. (7) EFFECTIVE REFERENCE PRICE.—The term dredweight. (2) OTHER ACREAGE.—For purposes of para- ‘‘effective reference price’’, with respect to a (H) For soybeans, $8.40 per bushel. graph (1), the Secretary shall include the fol- covered commodity for a crop year, means the (I) For other oilseeds, $20.15 per hundred- lowing: lesser of the following: weight. (A) Any acreage on the farm enrolled in the (A) An amount equal to 115 percent of the ref- (J) For peanuts, $535.00 per ton. conservation reserve program or wetlands re- erence price for such covered commodity. (K) For dry peas, $11.00 per hundredweight. serve program (or successor programs) under (B) An amount equal to the greater of— (L) For lentils, $19.97 per hundredweight. title XII of the Food Security Act of 1985 (16 (i) the reference price for such covered com- (M) For small chickpeas, $19.04 per hundred- U.S.C. 3801 et seq.). modity; or weight. (B) Any other acreage on the farm enrolled in (ii) 85 percent of the average of the marketing (N) For large chickpeas, $21.54 per hundred- a Federal conservation program for which pay- year average price of the covered commodity for weight. ments are made in exchange for not producing the most recent 5 crop years, excluding each of (O) For seed cotton, $0.367 per pound. an agricultural commodity on the acreage. the crop years with the highest and lowest mar- (18) SECRETARY.—The term ‘‘Secretary’’ means (C) If the Secretary designates additional oil- keting year average price. the Secretary of Agriculture. seeds, any eligible oilseed acreage, which shall

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be determined in the same manner as eligible oil- peal, by the Secretary or by the producer, shall (2) PRICE LOSS COVERAGE AND AGRICULTURAL seed acreage under subsection (a)(1)(C). not be subject to any other provision of law. RISK COVERAGE.—In the case of price loss cov- (3) SELECTION OF ACRES.—The Secretary shall (c) SINGLE OPPORTUNITY TO UPDATE YIELDS IN erage payments and agricultural risk coverage give the owner of the farm the opportunity to COUNTIES AFFECTED BY DROUGHT.— payments, the reduction under paragraph (1) select the base acres for a covered commodity for (1) ELECTION TO UPDATE.—In the case of a shall be the amount equal to the base acres the farm against which the reduction required farm that is physically located in a county in planted to crops referred to in such paragraph by paragraph (1) will be made. which any area of the county was rated by the in excess of 15 percent of base acres. (4) EXCEPTION FOR DOUBLE-CROPPED ACRE- U.S. Drought Monitor as having a D4 (excep- (3) REDUCTION EXCEPTIONS.—No reduction to AGE.—In applying paragraph (1), the Secretary tional drought) intensity for 20 or more consecu- payment acres shall be made under this sub- shall make an exception in the case of double tive weeks during the period beginning January section if— cropping, as determined by the Secretary. 1, 2008 and ending December 31, 2012, at the sole (A) cover crops or crops referred to in para- (c) REDUCTION IN BASE ACRES.— discretion of the owner of such farm, the owner graph (1) are grown solely for conservation pur- (1) REDUCTION AT OPTION OF OWNER.— of a farm shall have a 1-time opportunity to up- poses and not harvested for use or sale, as deter- (A) IN GENERAL.—The owner of a farm may date, on a covered commodity-by covered-com- mined by the Secretary; or reduce, at any time, the base acres for any cov- modity basis, the payment yield that would oth- (B) in any region in which there is a history ered commodity for the farm. erwise be used in calculating any price loss cov- of double-cropping covered commodities with (B) EFFECT OF REDUCTION.—A reduction erage payment for each covered commodity on crops referred to in paragraph (1) and such under subparagraph (A) shall be permanent and the farm for which the election is made. crops were so double-cropped on the base acres, made in a manner prescribed by the Secretary. (2) METHOD OF UPDATING YIELDS FOR COVERED as determined by the Secretary. (2) REQUIRED ACTION BY SECRETARY.— COMMODITIES.—If the owner of a farm elects to (4) EFFECT OF REDUCTION.—For each crop (A) IN GENERAL.—The Secretary shall propor- update yields under paragraph (1), the payment year for which fruits, vegetables (other than tionately reduce base acres on a farm for land yield for covered commodities on the farm, for mung beans and pulse crops), or wild rice are that has been subdivided and developed for mul- the purpose of calculating price loss coverage planted to base acres on a farm for which a re- tiple residential units or other nonfarming uses payments only, shall be equal to 90 percent of duction in payment acres is made under this if the size of the tracts and the density of the the average of the yield per planted acre for the subsection, the Secretary shall consider such subdivision is such that the land is unlikely to crop of covered commodities on the farm for the base acres to be planted, or prevented from return to the previous agricultural use, unless 2013 through 2017 crop years, as determined by planting, to a covered commodity for purposes of the producers on the farm demonstrate that the the Secretary, excluding any crop year in which any adjustment or reduction of base acres for land— the acreage planted to the covered commodity the farm under section 1112. (i) remains devoted to commercial agricultural was zero. (d) UNASSIGNED CROP BASE.—The Secretary production; or (3) USE OF COUNTY AVERAGE YIELD.—For the shall maintain information on base acres allo- (ii) is likely to be returned to the previous ag- purposes of determining the average yield under cated as unassigned crop base pursuant to— ricultural use. paragraph (2), if the yield per planted acre for (1) section 1112(c)(3); or (B) REQUIREMENT.—The Secretary shall estab- a crop of a covered commodity for a farm for (2) section 1112(a) of the Agricultural Act of lish procedures to identify land described in any of the crop years specified in paragraph (2) 2014 (7 U.S.C. 9012(a)). subparagraph (A). was less than 75 percent of the average of coun- SEC. 1115. PRODUCER ELECTION. (3) TREATMENT OF UNPLANTED BASE.—In the ty yields for those same years for that com- (a) ELECTION REQUIRED.—For the 2019 case of a farm on which no covered commodities modity, the Secretary shall assign a yield for through 2023 crop years, all of the producers on (including seed cotton) were planted or pre- that crop year equal to 75 percent of the average a farm shall make a 1-time, irrevocable election vented from being planted during the period be- of the 2013 though 2017 county yield for the cov- to obtain on a covered-commodity-by-covered- ginning on January 1, 2009, and ending on De- ered commodity. commodity basis— cember 31, 2017, the Secretary shall allocate all (4) UPLAND COTTON CONVERSION.—In the case (1) price loss coverage under section 1116; or base acres on the farm to unassigned crop base of seed cotton, for purposes of determining the (2) agriculture risk coverage under section for which no payment shall be made under sec- average of the yield per planted acre under 1117. tion 1116 or 1117. paragraph (2), the average yield for seed cotton (b) EFFECT OF FAILURE TO MAKE UNANIMOUS (4) PROHIBITION ON RECONSTITUTION OF per planted acre shall be equal to 2.4 times the ELECTION.—If all the producers on a farm fail to FARM.—The Secretary shall ensure that pro- average yield for upland cotton per planted make a unanimous election under subsection (a) ducers on a farm do not reconstitute the farm to acre. for the 2019 crop year— void or change the treatment of base acres (5) TIME FOR ELECTION.—An election under (1) the Secretary shall not make any payments under this section. this subsection shall be made at a time and man- with respect to the farm for the 2019 crop year SEC. 1113. PAYMENT YIELDS. ner so as to be in effect beginning with the 2019 under section 1116 or 1117; and (a) TREATMENT OF DESIGNATED OILSEEDS.— crop year, as determined by the Secretary. (2) the producers on the farm shall be deemed (1) IN GENERAL.—For the purpose of making SEC. 1114. PAYMENT ACRES. to have elected price loss coverage under section price loss coverage payments under section 1116, (a) DETERMINATION OF PAYMENT ACRES.— 1116 for all covered commodities on the farm for the Secretary shall provide for the establishment Subject to subsection (d), for the purpose of the 2020 through 2023 crop years. of a yield for each farm for any designated oil- price loss coverage and agriculture risk cov- (c) PROHIBITION ON RECONSTITUTION.—The seed for which a payment yield was not estab- erage, the payment acres for each covered com- Secretary shall ensure that producers on a farm lished under section 1113 of the Agricultural Act modity on a farm shall be equal to 85 percent of do not reconstitute the farm to void or change of 2014 (7 U.S.C. 9013) in accordance with this the base acres for the covered commodity on the an election made under this section. section. farm. SEC. 1116. PRICE LOSS COVERAGE. (2) PAYMENT YIELDS FOR DESIGNATED OIL- (b) EFFECT OF MINIMAL PAYMENT ACRES.— (a) PRICE LOSS COVERAGE PAYMENTS.—If all SEEDS.—In the case of designated oilseeds, the (1) PROHIBITION ON PAYMENTS.—Notwith- of the producers on a farm make the election payment yield shall be equal to 90 percent of the standing any other provision of this title, a pro- under subsection (a) of section 1115 to obtain average of the yield per planted acre for the ducer on a farm may not receive price loss cov- price loss coverage or, subject to subsection most recent five crop years, as determined by the erage payments or agriculture risk coverage (b)(1) of such section, are deemed to have made Secretary, excluding any crop year in which the payments if the sum of the base acres on the such election under subsection (b)(2) of such acreage planted to the covered commodity was farm is 10 acres or less, as determined by the section, the Secretary shall make price loss cov- zero. Secretary, unless the sum of the base acres on erage payments to producers on the farm on a (3) APPLICATION.—This subsection shall apply the farm, when combined with the base acres of covered-commodity-by-covered-commodity basis to oilseeds designated after the date of the en- other farms in which the producer has an inter- if the Secretary determines that, for any of the actment of this Act. est, is more than 10 acres. 2019 through 2023 crop years— (b) EFFECT OF LACK OF PAYMENT YIELD.— (2) EXCEPTIONS.—Paragraph (1) does not (1) the effective price for the covered com- (1) ESTABLISHMENT BY SECRETARY.—In the apply to a producer that is— modity for the crop year; is less than case of a covered commodity on a farm for (A) a socially disadvantaged farmer or ranch- (2) the effective reference price for the covered which base acres have been established, if no er (as defined in section 355(e) of the Consoli- commodity for the crop year. payment yield is otherwise established for the dated Farm and Rural Development Act (7 (b) EFFECTIVE PRICE.—The effective price for covered commodity on the farm, the Secretary U.S.C. 2003(e))); or a covered commodity for a crop year shall be the shall establish an appropriate payment yield for (B) a limited resource farmer or rancher, as higher of— the covered commodity on the farm under para- defined by the Secretary. (1) the marketing year average price; or graph (2). (c) EFFECT OF PLANTING FRUITS AND VEGETA- (2) the national average loan rate for a mar- (2) USE OF SIMILARLY SITUATED FARMS.—To BLES.— keting assistance loan for the covered com- establish an appropriate payment yield for a (1) REDUCTION REQUIRED.—In the manner pro- modity in effect for such crop year under sub- covered commodity on a farm as required by vided in this subsection, payment acres on a title B. paragraph (1), the Secretary shall take into con- farm shall be reduced in any crop year in which (c) PAYMENT RATE.—The payment rate shall sideration the farm program payment yields ap- fruits, vegetables (other than mung beans and be equal to the difference between— plicable to that covered commodity for similarly pulse crops), or wild rice have been planted on (1) the effective reference price for the covered situated farms. The use of such data in an ap- base acres on a farm. commodity; and

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00083 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4064 CONGRESSIONAL RECORD — HOUSE May 16, 2018 (2) the effective price determined under sub- years, as determined by the Secretary, is less sound agricultural practices, as determined by section (b) for the covered commodity. than 70 percent of the transitional yield, as de- the Secretary; and (d) PAYMENT AMOUNT.—If price loss coverage termined by the Secretary, the amounts used for (D) to use the land on the farm, in a quantity payments are required to be provided under this any of those years in paragraph (2)(A) shall be equal to the attributable base acres for the farm section for any of the 2019 through 2023 crop 70 percent of the transitional yield. and any base acres for an agricultural or con- years for a covered commodity, the amount of (4) REFERENCE PRICE.—If the marketing year serving use, and not for a nonagricultural com- the price loss coverage payment to be paid to the average price for any of the 5 most recent crop mercial, industrial, or residential use, as deter- producers on a farm for the crop year shall be years is lower than the reference price for the mined by the Secretary. equal to the product obtained by multiplying— covered commodity, the Secretary shall use the (2) COMPLIANCE.—The Secretary may issue (1) the payment rate for the covered com- reference price for any of those years for the such rules as the Secretary considers necessary modity under subsection (c); amounts in paragraph (2)(B). to ensure producer compliance with the require- (2) the payment yield for the covered com- (d) PAYMENT RATE.—The payment rate for a ments of paragraph (1). modity; and covered commodity in a county shall be equal to (3) MODIFICATION.—At the request of the (3) the payment acres for the covered com- the lesser of— transferee or owner, the Secretary may modify modity determined under section 1114. (1) the amount that— the requirements of this subsection if the modi- (e) TIME FOR PAYMENTS.—If the Secretary de- (A) the agriculture risk coverage guarantee fications are consistent with the objectives of termines under this section that price loss cov- for the crop year applicable under subsection this subsection, as determined by the Secretary. erage payments are required to be provided for (c); exceeds (b) TRANSFER OR CHANGE OF INTEREST IN the covered commodity, the payments shall be (B) the actual crop revenue for the crop year FARM.— made beginning October 1, or as soon as prac- applicable under subsection (b); or (1) TERMINATION.— ticable thereafter, after the end of the applicable (2) 10 percent of the benchmark revenue for (A) IN GENERAL.—Except as provided in para- marketing year for the covered commodity. the crop year applicable under subsection (c). graph (2), a transfer of (or change in) the inter- (f) EFFECTIVE PRICE FOR BARLEY.—In deter- (e) PAYMENT AMOUNT.—If agriculture risk est of the producers on a farm for which pay- mining the effective price for barley under sub- coverage payments are required to be paid for ments under this subtitle are provided shall re- section (b), the Secretary shall use the all-barley any of the 2019 through 2023 crop years, the sult in the termination of the payments, unless price. amount of the agriculture risk coverage pay- the transferee or owner of the acreage agrees to (g) REFERENCE PRICE FOR TEMPERATE JAPON- ment for the crop year shall be determined by assume all obligations under subsection (a). ICA RICE.—In order to reflect price premiums, multiplying— (B) EFFECTIVE DATE.—The termination shall the Secretary shall provide a reference price (1) the payment rate for the covered com- take effect on the date determined by the Sec- with respect to temperate japonica rice in an modity determined under subsection (d); and retary. amount equal to the amount established under (2) the payment acres for the covered com- (2) EXCEPTION.—If a producer entitled to a subparagraph (F) of section 1111(17), as ad- modity determined under section 1114. payment under this subtitle dies, becomes in- justed by paragraph (7) of such section, multi- (f) TIME FOR PAYMENTS.—If the Secretary de- competent, or is otherwise unable to receive the plied by the ratio obtained by dividing— termines that agriculture risk coverage pay- payment, the Secretary shall make the payment (1) the simple average of the marketing year ments are required to be provided for the cov- in accordance with rules issued by the Sec- average price of medium grain rice from the 2012 ered commodity, payments shall be made begin- retary. through 2016 crop years; by ning October 1, or as soon as practicable there- (c) ACREAGE REPORTS.—As a condition on the (2) the simple average of the marketing year after, after the end of the applicable marketing receipt of any benefits under this subtitle or average price of all rice from the 2012 through year for the covered commodity. subtitle B, the Secretary shall require producers 2016 crop years. (g) ADDITIONAL DUTIES OF THE SECRETARY.— on a farm to submit to the Secretary annual SEC. 1117. AGRICULTURE RISK COVERAGE. In providing agriculture risk coverage, the Sec- acreage reports with respect to all cropland on (a) AGRICULTURE RISK COVERAGE PAY- retary shall— the farm. FFECT OF NACCURATE EPORTS MENTS.—If all of the producers on a farm make (1) to the maximum extent practicable, use all (d) E I R .—No the election under section 1115(a) to obtain agri- available information and analysis, including penalty with respect to benefits under this sub- culture risk coverage, the Secretary shall make data mining, to check for anomalies in the de- title or subtitle B shall be assessed against a agriculture risk coverage payments to producers termination of agriculture risk coverage pay- producer on a farm for an inaccurate acreage on the farm if the Secretary determines that, for ments; report unless the Secretary determines that the any of the 2019 through 2023 crop years— (2) calculate a separate actual crop revenue producer on the farm knowingly and willfully (1) the actual crop revenue determined under and agriculture risk coverage guarantee for irri- falsified the acreage report. subsection (b) for the crop year; is less than gated and nonirrigated covered commodities; (e) TENANTS AND SHARECROPPERS.—In car- (2) the agriculture risk coverage guarantee de- (3) assign an actual or benchmark county rying out this subtitle, the Secretary shall pro- termined under subsection (c) for the crop year. yield for each planted acre for the crop year for vide adequate safeguards to protect the interests (b) ACTUAL CROP REVENUE.—The amount of the covered commodity— of tenants and sharecroppers. the actual crop revenue for a county for a crop (A) for a county for which county data col- (f) SHARING OF PAYMENTS.—The Secretary year of a covered commodity shall be equal to lected by the Risk Management Agency is suffi- shall provide for the sharing of payments made the product obtained by multiplying— cient for the Secretary to offer a county-wide in- under this subtitle among the producers on a (1) the actual average county yield per plant- surance product using the actual average coun- farm on a fair and equitable basis. ed acre for the covered commodity, as deter- ty yield determined by the Risk Management Subtitle B—Marketing Loans Agency; or mined by the Secretary; and SEC. 1201. AVAILABILITY OF NONRECOURSE MAR- (2) the higher of— (B) for a county not described in subpara- KETING ASSISTANCE LOANS FOR (A) the marketing year average price; or graph (A) using— LOAN COMMODITIES. (B) the national average loan rate for a mar- (i) other sources of yield information, as deter- (a) DEFINITION OF LOAN COMMODITY.—In this keting assistance loan for the covered com- mined by the Secretary; or subtitle, the term ‘‘loan commodity’’ means modity in effect for such crop year under sub- (ii) the yield history of representative farms in wheat, corn, grain sorghum, barley, oats, up- title B. the State, region, or crop reporting district, as land cotton, extra long staple cotton, long grain (c) AGRICULTURE RISK COVERAGE GUAR- determined by the Secretary; and rice, medium grain rice, peanuts, soybeans, ANTEE.— (4) make payments, as applicable, to pro- other oilseeds, graded wool, nongraded wool, (1) IN GENERAL.—The agriculture risk cov- ducers using the payment rate of the county of mohair, honey, dry peas, lentils, small chick- erage guarantee for a crop year for a covered the physical location of the base acres of a farm. peas, and large chickpeas. commodity shall equal 86 percent of the bench- SEC. 1118. PRODUCER AGREEMENTS. (b) NONRECOURSE LOANS AVAILABLE.— mark revenue. (a) COMPLIANCE WITH CERTAIN REQUIRE- (1) IN GENERAL.—For each of the 2019 through (2) BENCHMARK REVENUE.—The benchmark MENTS.— 2023 crops of each loan commodity, the Sec- revenue shall be equal to the product obtained (1) REQUIREMENTS.—Before the producers on retary shall make available to producers on a by multiplying— a farm may receive payments under this subtitle farm nonrecourse marketing assistance loans for (A) subject to paragraph (3), the average his- with respect to the farm, the producers shall loan commodities produced on the farm. torical county yield as determined by the Sec- agree, during the crop year for which the pay- (2) TERMS AND CONDITIONS.—The marketing retary for the most recent 5 crop years, exclud- ments are made and in exchange for the pay- assistance loans shall be made under terms and ing each of the crop years with the highest and ments— conditions that are prescribed by the Secretary lowest yields; and (A) to comply with applicable conservation re- and at the loan rate established under section (B) subject to paragraph (4), the marketing quirements under subtitle B of title XII of the 1202 for the loan commodity. year average price for the most recent 5 crop Food Security Act of 1985 (16 U.S.C. 3811 et (c) ELIGIBLE PRODUCTION.—The producers on years, excluding each of the crop years with the seq.); a farm shall be eligible for a marketing assist- highest and lowest prices. (B) to comply with applicable wetland protec- ance loan under subsection (b) for any quantity (3) YIELD CONDITIONS.—If the yield per plant- tion requirements under subtitle C of title XII of of a loan commodity produced on the farm. ed acre for the covered commodity or historical that Act (16 U.S.C. 3821 et seq.); (d) COMPLIANCE WITH CONSERVATION AND county yield per planted acre for the covered (C) to effectively control noxious weeds and WETLANDS REQUIREMENTS.—As a condition of commodity for any of the 5 most recent crop otherwise maintain the land in accordance with the receipt of a marketing assistance loan under

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00084 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4065 subsection (b), the producer shall comply with (i) less than $0.45 per pound; or (C) minimize the cost incurred by the Federal applicable conservation requirements under sub- (ii) more than $0.52 per pound. Government in storing the commodity; title B of title XII of the Food Security Act of (7) In the case of extra long staple cotton, (D) allow the commodity produced in the 1985 (16 U.S.C. 3811 et seq.) and applicable wet- $0.95 per pound. United States to be marketed freely and competi- land protection requirements under subtitle C of (8) In the case of long grain rice, $6.50 per tively, both domestically and internationally; title XII of that Act (16 U.S.C. 3821 et seq.) dur- hundredweight. and ing the term of the loan. (9) In the case of medium grain rice, $6.50 per (E) minimize discrepancies in marketing loan (e) SPECIAL RULES FOR PEANUTS.— hundredweight. benefits across State boundaries and across (1) IN GENERAL.—This subsection shall apply (10) In the case of soybeans, $5.00 per bushel. county boundaries. only to producers of peanuts. (11) In the case of other oilseeds, $10.09 per (b) REPAYMENT RATES FOR UPLAND COTTON, (2) OPTIONS FOR OBTAINING LOAN.—A mar- hundredweight for each of the following kinds LONG GRAIN RICE, AND MEDIUM GRAIN RICE.— keting assistance loan under this section, and of oilseeds: The Secretary shall permit producers to repay a loan deficiency payments under section 1205, (A) Sunflower seed. marketing assistance loan under section 1201 for may be obtained at the option of the producers (B) Rapeseed. upland cotton, long grain rice, and medium on a farm through— (C) Canola. grain rice at a rate that is the lesser of— (A) a designated marketing association or (D) Safflower. (1) the loan rate established for the commodity marketing cooperative of producers that is ap- (E) Flaxseed. under section 1202, plus interest (determined in proved by the Secretary; or (F) Mustard seed. accordance with section 163 of the Federal Agri- (B) the Farm Service Agency. (G) Crambe. culture Improvement and Reform Act of 1996 (7 (3) STORAGE OF LOAN PEANUTS.—As a condi- (H) Sesame seed. U.S.C. 7283)); or tion on the approval by the Secretary of an in- (I) Other oilseeds designated by the Secretary. (2) the prevailing world market price for the dividual or entity to provide storage for peanuts (12) In the case of dry peas, $5.40 per hun- commodity, as determined and adjusted by the for which a marketing assistance loan is made dredweight. Secretary in accordance with this section. under this section, the individual or entity shall (13) In the case of lentils, $11.28 per hundred- (c) REPAYMENT RATES FOR EXTRA LONG STA- agree— weight. PLE COTTON.—Repayment of a marketing assist- (A) to provide the storage on a nondiscrim- (14) In the case of small chickpeas, $7.43 per ance loan for extra long staple cotton shall be at inatory basis; and hundredweight. the loan rate established for the commodity (B) to comply with such additional require- (15) In the case of large chickpeas, $11.28 per under section 1202, plus interest (determined in ments as the Secretary considers appropriate to hundredweight. accordance with section 163 of the Federal Agri- accomplish the purposes of this section and pro- (16) In the case of graded wool, $1.15 per culture Improvement and Reform Act of 1996 (7 mote fairness in the administration of the bene- pound. U.S.C. 7283)). fits of this section. (17) In the case of nongraded wool, $0.40 per (d) PREVAILING WORLD MARKET PRICE.—For (4) STORAGE, HANDLING, AND ASSOCIATED pound. purposes of this section and section 1207, the COSTS.— (18) In the case of mohair, $4.20 per pound. Secretary shall prescribe by regulation— (A) IN GENERAL.—To ensure proper storage of (19) In the case of honey, $0.69 per pound. (1) a formula to determine the prevailing peanuts for which a loan is made under this sec- (20) In the case of peanuts, $355 per ton. world market price for each of upland cotton, tion, the Secretary shall pay handling and other (b) SINGLE COUNTY LOAN RATE FOR OTHER long grain rice and medium grain rice; and associated costs (other than storage costs) in- (2) a mechanism by which the Secretary shall OILSEEDS.—The Secretary shall establish a sin- curred at the time at which the peanuts are gle loan rate in each county for each kind of announce periodically those prevailing world placed under loan, as determined by the Sec- other oilseeds described in subsection (a)(11). market prices. retary. (e) ADJUSTMENT OF PREVAILING WORLD MAR- (c) RULE FOR SEED COTTON.— (B) REDEMPTION AND FORFEITURE.—The Sec- KET PRICE FOR UPLAND COTTON, LONG GRAIN (1) IN GENERAL.—For purposes of sections retary shall— RICE, AND MEDIUM GRAIN RICE.— 1116(b)(2) and 1117(b)(2)(B) only, seed cotton (i) require the repayment of handling and (1) RICE.—The prevailing world market price other associated costs paid under subparagraph shall be deemed to have a loan rate equal to for long grain rice and medium grain rice deter- (A) for all peanuts pledged as collateral for a $0.25 per pound. mined under subsection (d) shall be adjusted to loan that is redeemed under this section; and (2) RULE OF CONSTRUCTION.—Nothing in this United States quality and location. (ii) pay storage, handling, and other associ- subsection shall be construed to authorize non- (2) COTTON.—The prevailing world market ated costs for all peanuts pledged as collateral recourse marketing assistance loans under this price for upland cotton determined under sub- that are forfeited under this section. subtitle for seed cotton. section (d)— (5) MARKETING.—A marketing association or SEC. 1203. TERM OF LOANS. (A) shall be adjusted to United States quality cooperative may market peanuts for which a (a) TERM OF LOAN.—In the case of each loan and location, with the adjustment to include— loan is made under this section in any manner commodity, a marketing assistance loan under (i) a reduction equal to any United States Pre- that conforms to consumer needs, including the section 1201 shall have a term of 9 months begin- mium Factor for upland cotton of a quality separation of peanuts by type and quality. ning on the first day of the first month after the higher than Middling (M) 13⁄32-inch; and (6) REIMBURSABLE AGREEMENTS AND PAYMENT month in which the loan is made. (ii) the average costs to market the commodity, OF ADMINISTRATIVE EXPENSES.—The Secretary (b) EXTENSIONS PROHIBITED.—The Secretary including average transportation costs, as deter- may implement any reimbursable agreements or may not extend the term of a marketing assist- mined by the Secretary; and provide for the payment of administrative ex- ance loan for any loan commodity. (B) may be further adjusted, during the period penses under this subsection only in a manner SEC. 1204. REPAYMENT OF LOANS. beginning on the date of enactment of this Act and ending on July 31, 2024, if the Secretary de- that is consistent with those activities in regard (a) GENERAL RULE.—The Secretary shall per- termines the adjustment is necessary— to other loan commodities. mit the producers on a farm to repay a mar- (i) to minimize potential loan forfeitures; SEC. 1202. LOAN RATES FOR NONRECOURSE MAR- keting assistance loan under section 1201 for a KETING ASSISTANCE LOANS. (ii) to minimize the accumulation of stocks of loan commodity (other than upland cotton, long upland cotton by the Federal Government; (a) IN GENERAL.—For purposes of each of the grain rice, medium grain rice, extra long staple 2019 through 2023 crop years, the loan rate for (iii) to ensure that upland cotton produced in cotton, peanuts and confectionery and each the United States can be marketed freely and a marketing assistance loan under section 1201 other kind of sunflower seed (other than oil for a loan commodity shall be equal to the fol- competitively, both domestically and inter- sunflower seed)) at a rate that is the lesser of— nationally; and lowing: (1) the loan rate established for the commodity (1) In the case of wheat, $2.94 per bushel. (iv) to ensure an appropriate transition be- under section 1202, plus interest (determined in (2) In the case of corn, $1.95 per bushel. tween current-crop and forward-crop price (3) In the case of grain sorghum, $1.95 per accordance with section 163 of the Federal Agri- quotations, except that the Secretary may use bushel. culture Improvement and Reform Act of 1996 (7 forward-crop price quotations prior to July 31 of (4) In the case of barley, $1.95 per bushel. U.S.C. 7283)); a marketing year only if— (5) In the case of oats, $1.39 per bushel. (2) a rate (as determined by the Secretary) (I) there are insufficient current-crop price (6)(A) Subject to subparagraphs (B) and (C), that— quotations; and in the case of base quality of upland cotton, the (A) is calculated based on average market (II) the forward-crop price quotation is the simple average of the adjusted prevailing world prices for the loan commodity during the pre- lowest such quotation available. price for the 2 immediately preceding marketing ceding 30-day period; and (3) GUIDELINES FOR ADDITIONAL ADJUST- years, as determined by the Secretary and an- (B) will minimize discrepancies in marketing MENTS.—In making adjustments under this sub- nounced October 1 preceding the next domestic loan benefits across State boundaries and across section, the Secretary shall establish a mecha- planting. county boundaries; or nism for determining and announcing the ad- (B) Except as provided in subparagraph (C), (3) a rate that the Secretary may develop justments in order to avoid undue disruption in the loan rate determined under subparagraph using alternative methods for calculating a re- the United States market. (A) may not equal less than an amount equal to payment rate for a loan commodity that the Sec- (f) REPAYMENT RATES FOR CONFECTIONERY 98 percent of the loan rate for base quality of retary determines will— AND OTHER KINDS OF SUNFLOWER SEEDS.—The upland cotton for the preceding year. (A) minimize potential loan forfeitures; Secretary shall permit the producers on a farm (C) The loan rate determined under subpara- (B) minimize the accumulation of stocks of the to repay a marketing assistance loan under sec- graph (A) may not be equal to an amount— commodity by the Federal Government; tion 1201 for confectionery and each other kind

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of sunflower seed (other than oil sunflower (2) UNSHORN PELTS.—In the case of unshorn as of the date of the agreement, for the county seed) at a rate that is the lesser of— pelts, the payment rate shall be the amount by in which the farm is located; by (1) the loan rate established for the commodity which— (B) the payment quantity determined by mul- under section 1202, plus interest (determined in (A) the loan rate established under section tiplying— accordance with section 163 of the Federal Agri- 1202 for ungraded wool; exceeds (i) the quantity of the grazed acreage on the culture Improvement and Reform Act of 1996 (7 (B) the rate at which a marketing assistance farm with respect to which the producer elects U.S.C. 7283)); or loan for ungraded wool may be repaid under to forgo harvesting of triticale; and (2) the repayment rate established for oil sun- section 1204. (ii)(I) the payment yield in effect for the cal- flower seed. (3) HAY AND SILAGE.—In the case of hay or si- culation of price loss coverage under subtitle A (g) PAYMENT OF COTTON STORAGE COSTS.—Ef- lage derived from a loan commodity, the pay- with respect to wheat on the farm; fective for each of the 2019 through 2023 crop ment rate shall be the amount by which— (II) in the case of a farm for which agri- years, the Secretary shall make cotton storage (A) the loan rate established under section culture risk coverage is elected under section payments available in the same manner, and at 1202 for the loan commodity from which the hay 1117, the payment yield that would otherwise be the same rates as the Secretary provided storage or silage is derived; exceeds in effect for wheat on the farm in the absence of payments for the 2006 crop of cotton, except that (B) the rate at which a marketing assistance such election; or the rates shall be reduced by 10 percent. loan for the loan commodity may be repaid (III) in the case of a farm for which no pay- (h) REPAYMENT RATE FOR PEANUTS.—The Sec- under section 1204. ment yield is otherwise established for wheat on retary shall permit producers on a farm to repay (d) EXCEPTION FOR EXTRA LONG STAPLE COT- the farm, an appropriate yield established by a marketing assistance loan for peanuts under TON.—This section shall not apply with respect the Secretary in a manner consistent with sec- section 1201 at a rate that is the lesser of— to extra long staple cotton. tion 1113(b). (1) the loan rate established for peanuts under (e) EFFECTIVE DATE FOR PAYMENT RATE DE- (c) TIME, MANNER, AND AVAILABILITY OF PAY- section 1202(a)(20), plus interest (determined in TERMINATION.—The Secretary shall determine MENT.— accordance with section 163 of the Federal Agri- the amount of the loan deficiency payment to be (1) TIME AND MANNER.—A payment under this culture Improvement and Reform Act of 1996 (7 made under this section to the producers on a section shall be made at the same time and in U.S.C. 7283)); or farm with respect to a quantity of a loan com- the same manner as loan deficiency payments (2) a rate that the Secretary determines will— modity or commodity referred to in subsection are made under section 1205. (A) minimize potential loan forfeitures; (a)(2) using the payment rate in effect under (2) AVAILABILITY.— (B) minimize the accumulation of stocks of subsection (c) as of the date the producers re- (A) IN GENERAL.—The Secretary shall estab- peanuts by the Federal Government; quest the payment. lish an availability period for the payments au- (C) minimize the cost incurred by the Federal SEC. 1206. PAYMENTS IN LIEU OF LOAN DEFI- thorized by this section. Government in storing peanuts; and CIENCY PAYMENTS FOR GRAZED (B) CERTAIN COMMODITIES.—In the case of (D) allow peanuts produced in the United ACREAGE. wheat, barley, and oats, the availability period States to be marketed freely and competitively, (a) ELIGIBLE PRODUCERS.— shall be consistent with the availability period both domestically and internationally. (1) IN GENERAL.—Effective for each of the 2019 for the commodity established by the Secretary (i) AUTHORITY TO TEMPORARILY ADJUST RE- through 2023 crop years, in the case of a pro- for marketing assistance loans authorized by PAYMENT RATES.— ducer that would be eligible for a loan defi- this subtitle. (1) ADJUSTMENT AUTHORITY.—In the event of ciency payment under section 1205 for wheat, (d) PROHIBITION ON CROP INSURANCE INDEM- a severe disruption to marketing, transpor- barley, or oats, but that elects to use acreage NITY OR NONINSURED CROP ASSISTANCE.—A 2019 tation, or related infrastructure, the Secretary planted to the wheat, barley, or oats for the through 2023 crop of wheat, barley, oats, or may modify the repayment rate otherwise appli- grazing of livestock, the Secretary shall make a triticale planted on acreage that a producer cable under this section for marketing assistance payment to the producer under this section if elects, in the agreement required by subsection loans under section 1201 for a loan commodity. the producer enters into an agreement with the (a), to use for the grazing of livestock in lieu of (2) DURATION.—Any adjustment made under Secretary to forgo any other harvesting of the any other harvesting of the crop shall not be eli- paragraph (1) in the repayment rate for mar- wheat, barley, or oats on that acreage. gible for an indemnity under a policy or plan of keting assistance loans for a loan commodity (2) GRAZING OF TRITICALE ACREAGE.—Effective insurance authorized under the Federal Crop shall be in effect on a short-term and temporary for each of the 2019 through 2023 crop years, Insurance Act (7 U.S.C. 1501 et seq.) or non- basis, as determined by the Secretary. with respect to a producer on a farm that uses insured crop assistance under section 196 of the SEC. 1205. LOAN DEFICIENCY PAYMENTS. acreage planted to triticale for the grazing of Federal Agriculture Improvement and Reform (a) AVAILABILITY OF LOAN DEFICIENCY PAY- livestock, the Secretary shall make a payment to Act of 1996 (7 U.S.C. 7333). MENTS.— the producer under this section if the producer SEC. 1207. SPECIAL MARKETING LOAN PROVI- (1) IN GENERAL.—Except as provided in sub- enters into an agreement with the Secretary to SIONS FOR UPLAND COTTON. section (d), the Secretary may make loan defi- forgo any other harvesting of triticale on that (a) SPECIAL IMPORT QUOTA.— ciency payments available to producers on a acreage. (1) DEFINITION OF SPECIAL IMPORT QUOTA.—In farm that, although eligible to obtain a mar- (b) PAYMENT AMOUNT.— this subsection, the term ‘‘special import quota’’ keting assistance loan under section 1201 with (1) IN GENERAL.—The amount of a payment means a quantity of imports that is not subject respect to a loan commodity, agree to forgo ob- made under this section to a producer on a farm to the over-quota tariff rate of a tariff-rate taining the loan for the commodity in return for described in subsection (a)(1) shall be equal to quota. loan deficiency payments under this section. the amount determined by multiplying— (2) ESTABLISHMENT.— (2) UNSHORN PELTS, HAY, AND SILAGE.— (A) the loan deficiency payment rate deter- (A) IN GENERAL.—The President shall carry (A) MARKETING ASSISTANCE LOANS.—Subject to mined under section 1205(c) in effect, as of the out an import quota program beginning on Au- subparagraph (B), nongraded wool in the form date of the agreement, for the county in which gust 1, 2019, as provided in this subsection. of unshorn pelts and hay and silage derived the farm is located; by (B) PROGRAM REQUIREMENTS.—Whenever the from a loan commodity are not eligible for a (B) the payment quantity determined by mul- Secretary determines and announces that for marketing assistance loan under section 1201. tiplying— any consecutive 4-week period, the Friday (B) LOAN DEFICIENCY PAYMENT.—Effective for (i) the quantity of the grazed acreage on the each of the 2019 through 2023 crop years, the farm with respect to which the producer elects through Thursday average price quotation for Secretary may make loan deficiency payments to forgo harvesting of wheat, barley, or oats; the lowest priced United States growth, as 3 available under this section to producers on a and quoted for Middling (M) 1 ⁄32-inch upland cot- farm that produce unshorn pelts or hay and si- (ii)(I) the payment yield in effect for the cal- ton, delivered to a definable and significant lage derived from a loan commodity. culation of price loss coverage under section international market, as determined by the Sec- (b) COMPUTATION.—A loan deficiency pay- 1116 with respect to that loan commodity on the retary, exceeds the prevailing world market ment for a loan commodity or commodity re- farm; price, there shall immediately be in effect a spe- ferred to in subsection (a)(2) shall be equal to (II) in the case of a farm for which agri- cial import quota. the product obtained by multiplying— culture risk coverage is elected under section (3) QUANTITY.—The quota shall be equal to (1) the payment rate determined under sub- 1117, the payment yield that would otherwise be the consumption during a 1-week period of cot- section (c) for the commodity; by in effect with respect to that loan commodity on ton by domestic mills at the seasonally adjusted (2) the quantity of the commodity produced by the farm in the absence of such election; or average rate of the most recent 3 months for the eligible producers, excluding any quantity (III) in the case of a farm for which no pay- which official data of the Department of Agri- for which the producers obtain a marketing as- ment yield is otherwise established for that loan culture are available or, in the absence of suffi- sistance loan under section 1201. commodity on the farm, an appropriate yield es- cient data, as estimated by the Secretary. (c) PAYMENT RATE.— tablished by the Secretary in a manner con- (4) APPLICATION.—The quota shall apply to (1) IN GENERAL.—In the case of a loan com- sistent with section 1113(b). upland cotton purchased not later than 90 days modity, the payment rate shall be the amount (2) GRAZING OF TRITICALE ACREAGE.—The after the date of the Secretary’s announcement by which— amount of a payment made under this section to under paragraph (2) and entered into the (A) the loan rate established under section a producer on a farm described in subsection United States not later than 180 days after that 1202 for the loan commodity; exceeds (a)(2) shall be equal to the amount determined date. (B) the rate at which a marketing assistance by multiplying— (5) OVERLAP.—A special quota period may be loan for the loan commodity may be repaid (A) the loan deficiency payment rate deter- established that overlaps any existing quota pe- under section 1204. mined under section 1205(c) in effect for wheat, riod if required by paragraph (2), except that a

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00086 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4067 special quota period may not be established (iii) section 503(d) of the Trade Act of 1974 (19 States that enter into an agreement with the under this subsection if a quota period has been U.S.C. 2463(d)); and Commodity Credit Corporation to participate in established under subsection (b). (iv) General Note 3(a)(iv) to the Harmonized the program under this section. (6) PREFERENTIAL TARIFF TREATMENT.—The Tariff Schedule. (d) PAYMENT AMOUNT.—Payments under this quantity under a special import quota shall be (D) QUOTA ENTRY PERIOD.—When a quota is section shall be based on the amount of the dif- considered to be an in-quota quantity for pur- established under this subsection, cotton may be ference in the prices referred to in subsection poses of— entered under the quota during the 90-day pe- (b)(1) during the fourth week of the consecutive (A) section 213(d) of the Caribbean Basin Eco- riod beginning on the date the quota is estab- 4-week period multiplied by the amount of docu- nomic Recovery Act (19 U.S.C. 2703(d)); lished by the Secretary. mented purchases by domestic users and sales (B) section 204 of the Andean Trade Pref- (3) NO OVERLAP.—Notwithstanding paragraph for export by exporters made in the week fol- erence Act (19 U.S.C. 3203); (2), a quota period may not be established that lowing such a consecutive 4-week period. (C) section 503(d) of the Trade Act of 1974 (19 overlaps an existing quota period or a special SEC. 1209. AVAILABILITY OF RECOURSE LOANS. U.S.C. 2463(d)); and quota period established under subsection (a). (a) HIGH MOISTURE FEED GRAINS.— (D) General Note 3(a)(iv) to the Harmonized (c) ECONOMIC ADJUSTMENT ASSISTANCE FOR (1) DEFINITION OF HIGH MOISTURE STATE.—In Tariff Schedule. TEXTILE MILLS.— this subsection, the term ‘‘high moisture state’’ (7) LIMITATION.—The quantity of cotton en- (1) IN GENERAL.—Subject to paragraph (2), the means corn or grain sorghum having a moisture tered into the United States during any mar- Secretary shall, on a monthly basis, make eco- content in excess of Commodity Credit Corpora- keting year under the special import quota es- nomic adjustment assistance available to domes- tion standards for marketing assistance loans tablished under this subsection may not exceed tic users of upland cotton in the form of pay- made by the Secretary under section 1201. the equivalent of 10 weeks’ consumption of up- ments for all documented use of that upland (2) RECOURSE LOANS AVAILABLE.—For each of land cotton by domestic mills at the seasonally cotton during the previous monthly period re- the 2019 through 2023 crops of corn and grain adjusted average rate of the 3 months imme- gardless of the origin of the upland cotton. sorghum, the Secretary shall make available re- diately preceding the first special import quota (2) VALUE OF ASSISTANCE.—The value of the course loans, as determined by the Secretary, to established in any marketing year. assistance provided under paragraph (1) shall producers on a farm that— (b) LIMITED GLOBAL IMPORT QUOTA FOR UP- be 3.15 cents per pound. (A) normally harvest all or a portion of their LAND COTTON.— (3) ALLOWABLE PURPOSES.—Economic adjust- crop of corn or grain sorghum in a high mois- (1) DEFINITIONS.—In this subsection: ment assistance under this subsection shall be ture state; (A) DEMAND.—The term ‘‘demand’’ means— made available only to domestic users of upland (B) present— (i) the average seasonally adjusted annual cotton that certify that the assistance shall be (i) certified scale tickets from an inspected, rate of domestic mill consumption of cotton dur- used only to acquire, construct, install, mod- certified commercial scale, including a licensed ing the most recent 3 months for which official ernize, develop, convert, or expand land, plant, warehouse, feedlot, feed mill, distillery, or other data of the Department of Agriculture are avail- buildings, equipment, facilities, or machinery. similar entity approved by the Secretary, pursu- able or, in the absence of sufficient data, as esti- (4) REVIEW OR AUDIT.—The Secretary may ant to regulations issued by the Secretary; or mated by the Secretary; and conduct such review or audit of the records of a (ii) field or other physical measurements of (ii) the larger of— domestic user under this subsection as the Sec- the standing or stored crop in regions of the (I) average exports of upland cotton during retary determines necessary to carry out this United States, as determined by the Secretary, the preceding 6 marketing years; or subsection. that do not have certified commercial scales (II) cumulative exports of upland cotton plus (5) IMPROPER USE OF ASSISTANCE.—If the Sec- from which certified scale tickets may be ob- outstanding export sales for the marketing year retary determines, after a review or audit of the tained within reasonable proximity of harvest in which the quota is established. records of the domestic user, that economic ad- operation; (B) LIMITED GLOBAL IMPORT QUOTA.—The justment assistance under this subsection was (C) certify that the producers on the farm term ‘‘limited global import quota’’ means a not used for the purposes specified in paragraph were the owners of the feed grain at the time of quantity of imports that is not subject to the (3), the domestic user shall be— delivery to, and that the quantity to be placed over-quota tariff rate of a tariff-rate quota. (A) liable for the repayment of the assistance under loan under this subsection was in fact (C) SUPPLY.—The term ‘‘supply’’ means, using to the Secretary, plus interest, as determined by harvested on the farm and delivered to, a feed- the latest official data of the Department of Ag- the Secretary; and lot, feed mill, or commercial or on-farm high- riculture— (B) ineligible to receive assistance under this moisture storage facility, or to a facility main- (i) the carry-over of upland cotton at the be- subsection for a period of 1 year following the tained by the users of corn and grain sorghum ginning of the marketing year (adjusted to 480- determination of the Secretary. in a high moisture state; and pound bales) in which the quota is established; SEC. 1208. SPECIAL COMPETITIVE PROVISIONS (D) comply with deadlines established by the (ii) production of the current crop; and FOR EXTRA LONG STAPLE COTTON. Secretary for harvesting the corn or grain sor- (iii) imports to the latest date available during (a) COMPETITIVENESS PROGRAM.—Notwith- ghum and submit applications for loans under the marketing year. standing any other provision of law, during the this subsection within deadlines established by (2) PROGRAM.—The President shall carry out period beginning on the date of enactment of the Secretary. an import quota program that provides that this Act through July 31, 2024, the Secretary (3) ELIGIBILITY OF ACQUIRED FEED GRAINS.—A whenever the Secretary determines and an- shall carry out a program— loan under this subsection shall be made on a nounces that the average price of the base qual- (1) to maintain and expand the domestic use quantity of corn or grain sorghum of the same ity of upland cotton, as determined by the Sec- of extra long staple cotton produced in the crop acquired by the producer equivalent to a retary, in the designated spot markets for a United States; quantity determined by multiplying— month exceeded 130 percent of the average price (2) to increase exports of extra long staple cot- (A) the acreage of the corn or grain sorghum of the quality of cotton in the markets for the ton produced in the United States; and in a high moisture state harvested on the farm preceding 36 months, notwithstanding any other (3) to ensure that extra long staple cotton proof the producer; by provision of law, there shall immediately be in duced in the United States remains competitive (B) the lower of— effect a limited global import quota subject to in world markets. (i) the payment yield in effect for the calcula- the following conditions: (b) PAYMENTS UNDER PROGRAM; TRIGGER.— tion of price loss coverage under section 1116, or (A) QUANTITY.—The quantity of the quota Under the program, the Secretary shall make the payment yield deemed to be in effect or es- shall be equal to 21 days of domestic mill con- payments available under this section when- tablished under subclause (II) or (III) of section sumption of upland cotton at the seasonally ad- ever— 1206(b)(1)(B)(ii), with respect to corn or grain justed average rate of the most recent 3 months (1) for a consecutive 4-week period, the world sorghum on a field that is similar to the field for which official data of the Department of Ag- market price for the lowest priced competing from which the corn or grain sorghum referred riculture are available or, in the absence of suf- growth of extra long staple cotton (adjusted to to in subparagraph (A) was obtained; or ficient data, as estimated by the Secretary. United States quality and location and for other (ii) the actual yield of corn or grain sorghum (B) QUANTITY OF PRIOR QUOTA.—If a quota factors affecting the competitiveness of such cot- on a field, as determined by the Secretary, that has been established under this subsection dur- ton), as determined by the Secretary, is below is similar to the field from which the corn or ing the preceding 12 months, the quantity of the the prevailing United States price for a com- grain sorghum referred to in subparagraph (A) quota next established under this subsection peting growth of extra long staple cotton; and was obtained. shall be the smaller of 21 days of domestic mill (2) the lowest priced competing growth of (b) RECOURSE LOANS AVAILABLE FOR SEED consumption calculated under subparagraph (A) extra long staple cotton (adjusted to United COTTON.—For each of the 2019 through 2023 or the quantity required to increase the supply States quality and location and for other factors crops of upland cotton and extra long staple to 130 percent of the demand. affecting the competitiveness of such cotton), as cotton, the Secretary shall make available re- (C) PREFERENTIAL TARIFF TREATMENT.—The determined by the Secretary, is less than 113 course seed cotton loans, as determined by the quantity under a limited global import quota percent of the loan rate for extra long staple Secretary, on any production. shall be considered to be an in-quota quantity cotton. (c) RECOURSE LOANS AVAILABLE FOR CON- for purposes of— (c) ELIGIBLE RECIPIENTS.—The Secretary shall TAMINATED COMMODITIES.—In the case of a loan (i) section 213(d) of the Caribbean Basin Eco- make payments available under this section to commodity that is ineligible for 100 percent of nomic Recovery Act (19 U.S.C. 2703(d)); domestic users of extra long staple cotton pro- the nonrecourse marketing loan rate in the (ii) section 204 of the Andean Trade Pref- duced in the United States and exporters of county due to a determination that the com- erence Act (19 U.S.C. 3203); extra long staple cotton produced in the United modity is contaminated yet still merchantable,

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00087 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4068 CONGRESSIONAL RECORD — HOUSE May 16, 2018 for each of the 2019 through 2023 crops of such serting ‘‘subtitle B of title I of the Agricultural deduction, or credit of the multiproducer dairy loan commodity, the Secretary shall make avail- Act of 2014, and subtitle B of title I of the Agri- operation for any given year. able recourse commodity loans, at the rate pro- culture and Nutrition Act of 2018’’. ‘‘(B) EFFECT OF EXCLUSION ON DAIRY RISK vided under section 1202, on any production. Subtitle C—Sugar MANAGEMENT PAYMENTS.—To the extent that an (d) REPAYMENT RATES.—Repayment of a re- individual owner of a multiproducer dairy oper- SEC. 1301. SUGAR POLICY. course loan made under this section shall be at ation is excluded under subparagraph (A) from (a) CONTINUATION OF CURRENT PROGRAM AND the loan rate established for the commodity by the registration of the multiproducer dairy oper- LOAN RATES.— the Secretary, plus interest (determined in ac- ation, any dairy risk management payment (1) SUGARCANE.—Section 156(a)(4) of the Fed- made to the multiproducer dairy operation shall cordance with section 163 of the Federal Agri- eral Agriculture Improvement and Reform Act of be reduced by an amount equal to the greater of culture Improvement and Reform Act of 1996 (7 1996 (7 U.S.C. 7272(a)(4)) is amended by striking U.S.C. 7283)). the following: ‘‘2018’’ and inserting ‘‘2023’’. ‘‘(i) The amount determined by multiplying SEC. 1210. ADJUSTMENTS OF LOANS. (2) SUGAR BEETS.—Section 156(b)(2) of the the dairy risk management payment otherwise (a) ADJUSTMENT AUTHORITY.—Subject to sub- Federal Agriculture Improvement and Reform determined under section 1406 by the total per- section (e), the Secretary may make appropriate Act of 1996 (7 U.S.C. 7272(b)(2)) is amended by centage of ownership interests represented by adjustments in the loan rates for any loan com- striking ‘‘2018’’ and inserting ‘‘2023’’. modity (other than cotton) for differences in the excluded owners. (3) EFFECTIVE PERIOD.—Section 156(i) of the ‘‘(ii) The amount determined by multiplying grade, type, quality, location, and other factors. Federal Agriculture Improvement and Reform the dairy risk management payment otherwise (b) MANNER OF ADJUSTMENT.—The adjust- Act of 1996 (7 U.S.C. 7272(i)) is amended by determined under section 1406 by the total per- ments under subsection (a) shall, to the max- striking ‘‘2018’’ and inserting ‘‘2023’’. centage of the income, revenue, profit, gain, imum extent practicable, be made in such a (b) FLEXIBLE MARKETING ALLOTMENTS FOR loss, expenditure, deduction, or credit of the manner that the average loan level for the com- SUGAR.— multiproducer dairy operation represented by modity will, on the basis of the anticipated inci- (1) SUGAR ESTIMATES.—Section 359b(a)(1) of the excluded owners.’’. dence of the factors, be equal to the level of sup- the Agricultural Adjustment Act of 1938 (7 (e) RELATION TO LIVESTOCK GROSS MARGIN port determined in accordance with this subtitle U.S.C. 1359bb(a)(1)) is amended by striking FOR DAIRY PROGRAM.—Section 1404(d) of the and subtitle C. ‘‘2018’’ and inserting ‘‘2023’’. Agricultural Act of 2014 (7 U.S.C. 9054(d)) is (2) EFFECTIVE PERIOD.—Section 359l(a) of the (c) COST SAVING OPTION.—In carrying out this amended— title, the Secretary shall consider methods to en- Agricultural Adjustment Act of 1938 (7 U.S.C. (1) by striking ‘‘but not both’’ and inserting hance the support, loan, or assistance provided 1359ll(a)) is amended by striking ‘‘2018’’ and in- ‘‘but not on the same production’’; under this title in a manner that further mini- serting ‘‘2023’’. (2) by striking ‘‘or the’’ and inserting ‘‘and mizes the potential for forfeitures. Subtitle D—Dairy Risk Management Program the’’; and (d) ADJUSTMENT ON COUNTY BASIS.— and Other Dairy Programs (3) by striking ‘‘margin protection program’’ (1) IN GENERAL.—The Secretary may establish SEC. 1401. DAIRY RISK MANAGEMENT PROGRAM and inserting ‘‘dairy risk management pro- loan rates for a crop for producers in individual FOR DAIRY PRODUCERS. gram’’. counties in a manner that results in the lowest (a) REVIEW OF DATA USED IN CALCULATION OF (f) PRODUCTION HISTORY OF PARTICIPATING loan rate being 95 percent of the national aver- AVERAGE FEED COST.—Not later than 60 days DAIRY OPERATORS.— age loan rate, if those loan rates do not result after the date of the enactment of this Act, the (1) CONTINUED USE OF PRIOR DAIRY OPERATION in an increase in outlays. Secretary of Agriculture shall submit to the PRODUCTION HISTORY.—Section 1405(a)(1) of the (2) PROHIBITION.—Adjustments under this Committee on Agriculture of the House of Rep- Agricultural Act of 2014 (7 U.S.C. 9055(a)(1)) is subsection shall not result in an increase in the resentatives and the Committee on Agriculture, amended by adding at the end the following national average loan rate for any year. Nutrition, and Forestry of the Senate a report new sentence: ‘‘The production history of a par- (e) ADJUSTMENT IN LOAN RATE FOR COTTON.— evaluating the extent to which the average cost ticipating dairy operation shall continue to be (1) IN GENERAL.—The Secretary may make ap- of feed used by a dairy operation to produce a based on annual milk marketings during the propriate adjustments in the loan rate for cotton hundredweight of milk calculated by the Sec- 2011, 2012, or 2013 calendar year notwith- for differences in quality factors. retary as required by section 1402(a) of the Agri- standing the operation of the dairy risk man- (2) TYPES OF ADJUSTMENTS.—Loan rate ad- cultural Act of 2014 (7 U.S.C. 9052(a)) is rep- agement program through 2023.’’. (2) ADJUSTMENT.—Section 1405(a) of the Agri- justments under paragraph (1) may include— resentative of actual dairy feed costs. cultural Act of 2014 (7 U.S.C. 9055(a)) is amend- (A) the use of non-spot market price data, in (b) CORN SILAGE REPORT.—Not later than 1 addition to spot market price data, that would year after the date of the enactment of this Act, ed— (A) in paragraph (2), by striking ‘‘In subse- enhance the accuracy of the price information the Secretary of Agriculture shall submit to the quent years’’ and inserting ‘‘In the subsequent used in determining quality adjustments under Committee on Agriculture of the House of Rep- calendar years ending before January 1, 2019’’; this subsection; resentatives and the Committee on Agriculture, (B) adjustments in the premiums or discounts and Nutrition, and Forestry of the Senate a report (B) in paragraph (3), by inserting ‘‘, as appli- associated with upland cotton with a staple detailing the costs incurred by dairy operations length of 33 or above due to micronaire with the cable’’ after ‘‘paragraph (2)’’. in the use of corn silage as feed, and the dif- (3) LIMITATION ON CHANGES TO BUSINESS goal of eliminating any unnecessary artificial ference between the feed cost of corn silage and splits in the calculations of the premiums or dis- STRUCTURE.—Section 1405 of the Agricultural the feed cost of corn. Act of 2014 (7 U.S.C. 9055) is amended by adding counts; and (c) COLLECTION OF ALFALFA HAY DATA.—Not (C) such other adjustments as the Secretary at the end the following new subsection: later than 120 days after the date of the enact- ‘‘(d) LIMITATION ON CHANGES TO BUSINESS determines appropriate, after consultations con- ment of this Act, the Secretary of Agriculture, STRUCTURE.—The Secretary may not make dairy ducted in accordance with paragraph (3). acting through the National Agricultural Statis- risk management payments to a participating (3) CONSULTATION WITH PRIVATE SECTOR.— tics Service, shall revise monthly price survey re- dairy operation if the Secretary determines that (A) PRIOR TO REVISION.—In making adjust- ports to include prices for high-quality alfalfa the participating dairy operation has reorga- ments to the loan rate for cotton (including any hay in the top five milk producing States, as nized the structure of such operation solely for review of the adjustments) as provided in this measured by volume of milk produced during the purpose of qualifying as a new operation subsection, the Secretary shall consult with rep- the previous month. under subsection (b).’’. resentatives of the United States cotton indus- (d) REGISTRATION OF MULTIPRODUCER DAIRY (g) DAIRY RISK MANAGEMENT PAYMENTS.— try. OPERATIONS.—Section 1404(b) of the Agricul- (1) ELECTION OF COVERAGE LEVEL THRESHOLD (B) INAPPLICABILITY OF FEDERAL ADVISORY tural Act of 2014 (7 U.S.C. 9054(b)) is amended— AND COVERAGE PERCENTAGE.—Section 1406 of the COMMITTEE ACT.—The Federal Advisory Com- (1) in paragraph (3), by striking ‘‘If’’ and in- Agricultural Act of 2014 (7 U.S.C. 9056) is mittee Act (5 U.S.C. App.) shall not apply to serting ‘‘Subject to paragraph (5), if’’; and amended— consultations under this subsection. (2) by adding at the end the following new (A) in subsection (a), by striking ‘‘annually’’; (4) REVIEW OF ADJUSTMENTS.—The Secretary paragraph: and may review the operation of the upland cotton ‘‘(5) CERTAIN MULTIPRODUCER DAIRY OPER- (B) by adding at the end the following new quality adjustments implemented pursuant to ATION EXCLUSIONS.— subsection: this subsection and may make further adjust- ‘‘(A) EXCLUSION OF LOW-PERCENTAGE OWN- ‘‘(d) DEADLINE FOR ELECTION; DURATION.— ments to the administration of the loan program ERS.—To promote administrative efficiency in Not later than 90 days after the date of the en- for upland cotton, by revoking or revising any the dairy risk management program, a multipro- actment of this subsection, each participating adjustment taken under paragraph (2). ducer dairy operation covered by paragraph (3) dairy operation shall elect a coverage level (f) RICE.—The Secretary shall not make ad- may elect, at the option of the multiproducer threshold under subsection (a)(1) and a cov- justments in the loan rates for long grain rice dairy operation, to exclude information from the erage percentage under subsection (a)(2) to be and medium grain rice, except for differences in registration process regarding any individual used to determine dairy risk management pay- grade and quality (including milling yields). owner of the multiproducer dairy operation ments. This election shall remain in effect for (g) CONTINUATION OF AUTHORITY.—Section 166 that— the participating dairy operation for the dura- of the Federal Agriculture Improvement and Re- ‘‘(i) holds less than a five percent ownership tion of the dairy risk management program, as form Act of 1996 (7 U.S.C. 7286) is amended by interest in the multiproducer dairy operation; or specified in section 1409.’’. striking ‘‘and Subtitle B of title I of the Agricul- ‘‘(ii) is entitled to less than five percent of the (2) ADDITIONAL COVERAGE LEVEL THRESHOLDS tural Act of 2014’’ each place it appears and in- income, revenue, profit, gain, loss, expenditure, FOR CERTAIN PRODUCERS.—Section 1406(a)(1) of

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00088 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4069 the Agricultural Act of 2014 (7 U.S.C. 9056(a)(1)) (B) in subsection (a), by striking ‘‘margin pro- (A) The notice and comment provisions of sec- is amended by inserting after ‘‘or $8.00’’ the fol- tection program to receive margin protection tion 553 of title 5, United States Code. lowing: ‘‘(and in the case of production subject payments’’ and inserting ‘‘dairy risk manage- (B) The notice and hearing requirements of to premiums under section 1407(b), also $8.50 or ment program to receive dairy risk management paragraphs (3) and (4) of section 8c of the Agri- $9.00)’’. payments’’; and cultural Adjustment Act (7 U.S.C. 608c), reen- (3) ELECTION OF PRODUCTION HISTORY COV- (C) in subsections (b) and (c), by striking acted with amendments by the Agricultural ERAGE PERCENTAGE.—Section 1406(a)(2) of the ‘‘margin protection’’ each place it appears. Marketing Agreement Act of 1937. Agricultural Act of 2014 (7 U.S.C. 9056(a)(2)) is (6) PRODUCTION HISTORY.—Section 1405 of the (C) The order amendment requirements of sec- amended by striking ‘‘beginning with 25 percent Agricultural Act of 2014 (7 U.S.C. 9055) is tion 8c(17) of such Act (7 U.S.C. 608c(17)). and not exceeding’’ and inserting ‘‘but not to amended— (D) A referendum under section 8c(19) of such exceed’’. (A) in subsection (a)(1)— Act (7 U.S.C. 608c(19)). (h) PREMIUMS FOR PARTICIPATION IN DAIRY (i) by striking ‘‘margin protection program’’ SEC. 1403. EXTENSION OF DAIRY FORWARD PRIC- RISK MANAGEMENT PROGRAM.— the first place it appears and inserting ‘‘dairy ING PROGRAM. (1) PREMIUM PER HUNDREDWEIGHT FOR FIRST 5 risk management program’’; and Section 1502(e) of the Food, Conservation, and MILLION POUNDS OF PRODUCTION.—Section (ii) by striking ‘‘margin protection’’ the sec- Energy Act of 2008 (7 U.S.C. 8772(e)) is amend- 1407(b) of the Agricultural Act of 2014 (7 U.S.C. ond place it appears; and ed— 9057(b)) is amended— (B) in subsection (c), by striking ‘‘margin pro- (1) in paragraph (1), by striking ‘‘2018’’ and (A) by striking paragraph (2) and inserting tection’’. inserting ‘‘2023’’; and the following new paragraph: (7) PAYMENTS.—Section 1406 of the Agricul- (2) in paragraph (2), by striking ‘‘2021’’ and ‘‘(2) PRODUCER PREMIUMS.—The following an- tural Act of 2014 (7 U.S.C. 9056) is amended— inserting ‘‘2026’’. (A) in the section heading, by striking ‘‘MAR- nual premiums apply: SEC. 1404. EXTENSION OF DAIRY INDEMNITY PRO- GIN PROTECTION’’ and inserting ‘‘DAIRY GRAM. ‘‘Coverage Level Premium per Cwt. RISK MANAGEMENT’’; Section 3 of Public Law 90–484 (7 U.S.C. 450l) (B) by striking ‘‘margin protection’’ each is amended by striking ‘‘2018’’ and inserting $4.00 None place it appears and inserting ‘‘dairy risk man- ‘‘2023’’. $4.50 $0.002 agement’’; and (C) in the heading of subsection (c), by strik- SEC. 1405. EXTENSION OF DAIRY PROMOTION $5.00 $0.005 AND RESEARCH PROGRAM. ing ‘‘MARGIN PROTECTION’’. $5.50 $0.008 Section 113(e)(2) of the Dairy Production Sta- $6.00 $0.010 (8) PREMIUMS.—Section 1407 of the Agricul- tural Act of 2014 (7 U.S.C. 9057) is amended— bilization Act of 1983 (7 U.S.C. 4504(e)(2)) is $6.50 $0.017 amended by striking ‘‘2018’’ and inserting $7.00 $0.041 (A) in the section heading, by striking ‘‘MAR- GIN PROTECTION’’ and inserting ‘‘DAIRY ‘‘2023’’. $7.50 $0.057 SEC. 1406. REPEAL OF DAIRY PRODUCT DONA- $8.00 $0.090 RISK MANAGEMENT’’; (B) in subsection (a), by striking ‘‘margin pro- TION PROGRAM. $8.50 $0.120 Section 1431 of the Agricultural Act of 2014 (7 $9.00 $0.170’’; and tection program’’ and inserting ‘‘dairy risk management program’’; and U.S.C. 9071) is repealed. (C) in subsection (e), by striking ‘‘margin pro- Subtitle E—Supplemental Agricultural (B) by striking paragraph (3). tection’’ both places it appears. Disaster Assistance Programs (2) TECHNICAL CORRECTION.—Section 1407(d) (9) PENALTIES.—Section 1408 of the Agricul- of the Agricultural Act of 2014 (7 U.S.C. 9057(d)) SEC. 1501. MODIFICATION OF SUPPLEMENTAL AG- tural Act of 2014 (7 U.S.C. 9058) is amended by RICULTURAL DISASTER ASSISTANCE. is amended in the subsection heading by strik- striking ‘‘margin protection’’ both places it ap- IME FOR’’ and inserting ‘‘METHOD OF’’. (a) COVERED LIVESTOCK LOSSES FOR LIVE- ing ‘‘T pears and inserting ‘‘dairy risk management’’. (i) CONFORMING AMENDMENTS RELATED TO STOCK INDEMNITY PAYMENTS.—Section 1501(b) of (10) ADMINISTRATION AND ENFORCEMENT.— the Agricultural Act of 2014 (7 U.S.C. 9081(b)) is PROGRAM NAME.— Section 1410 of the Agricultural Act of 2014 (7 (1) HEADING.—The heading of part I of sub- amended— U.S.C. 9060) is amended by striking ‘‘margin title D of title I of the Agricultural Act of 2014 (1) in paragraph (1)— protection’’ each place it appears and inserting (Public Law 113–79; 128 Stat. 688) is amended to (A) by striking ‘‘or’’ at the end of subpara- ‘‘dairy risk management’’. read as follows: graph (A); (j) EFFECTIVE DATE.—The amendments made (B) by striking the period at the end of sub- ‘‘PART I—DAIRY RISK MANAGEMENT by this section shall take effect 60 days after the paragraph (B) and inserting ‘‘; or’’; and PROGRAM FOR DAIRY PRODUCERS’’. date of the enactment of this Act. (C) by adding at the end the following new (2) DEFINITIONS.—Section 1401 of the Agricul- (k) DURATION.—Section 1409 of the Agricul- subparagraph: tural Act of 2014 (7 U.S.C. 9051) is amended— tural Act of 2014 (7 U.S.C. 9059) is amended— ‘‘(C) disease that, as determined by the Sec- (A) by striking paragraphs (5) and (6) and in- (1) by striking ‘‘margin protection’’ and in- retary— serting the following new paragraphs: serting ‘‘dairy risk management’’; and ‘‘(i) is caused or transmitted by a vector; and ‘‘(5) DAIRY RISK MANAGEMENT PROGRAM.—The (2) by striking ‘‘2018’’ and inserting ‘‘2023’’. ‘‘(ii) is not susceptible to control by vaccina- terms ‘dairy risk management program’ and SEC. 1402. CLASS I SKIM MILK PRICE. tion or acceptable management practices.’’; and ‘program’ mean the dairy risk management pro- (a) CLASS I SKIM MILK PRICE.—Section (2) in paragraph (4), by striking ‘‘A payment’’ gram required by section 1403. 8c(5)(A) of the Agricultural Adjustment Act (7 and inserting ‘‘PAYMENT REDUCTIONS.—A pay- ‘‘(6) DAIRY RISK MANAGEMENT PAYMENT.—The U.S.C. 608c(5)(A)), reenacted with amendments ment’’. term ‘dairy risk management payment’ means a by the Agricultural Marketing Agreement Act of (b) PAYMENT LIMITATIONS AND EXCLUSION OF payment made to a participating dairy oper- 1937, is amended by striking ‘‘Throughout the 2- GROSS INCOME LIMITATION.—Section 1501(f) of ation under the program pursuant to section year period’’ and all that follows through ‘‘such the Agricultural Act of 2014 (7 U.S.C. 9081(f)) is 1406.’’; and handlers.’’ and inserting the following new sen- amended— (B) in paragraphs (7) and (8), by striking tence: ‘‘Throughout the 2-year period beginning (1) in paragraph (2)— ‘‘margin protection’’ both places it appears. on the effective date of this sentence (and subse- (A) by striking ‘‘this section (excluding pay- (3) CALCULATION OF ACTUAL DAIRY PRODUC- quent to such 2-year period unless modified by ments received under subsections (b) and (e))’’ TION MARGIN.—Section 1402(b)(1) of the Agricul- amendment to the order involved), for purposes and inserting ‘‘subsection (c)’’; and tural Act of 2014 (7 U.S.C. 9052(b)(1)) is amended of determining prices for milk of the highest use (B) by striking ‘‘joint venture or general part- by striking ‘‘margin protection’’ and inserting classification, the Class I skim milk price per nership’’ and inserting ‘‘qualified pass through ‘‘dairy risk management’’. hundredweight specified in section 1000.50(b) of entity (as such term is defined in paragraph (5) (4) PROGRAM OPERATION.—Section 1403 of the title 7, Code of Federal Regulations (or successor of section 1001(a) of the Food Security Act of Agricultural Act of 2014 (7 U.S.C. 9053) is regulation), shall be the sum of the adjusted 1985 (7 U.S.C. 1308(a)))’’; and amended— Class I differential specified in section 1000.52 of (2) by adding at the end the following new (A) in the section heading, by striking ‘‘ES- such title 7, plus the adjustment to Class I prices paragraph: TABLISHMENT OF MARGIN PROTECTION’’ specified in sections 1005.51(b), 1006.51(b), and ‘‘(4) EXCLUSION OF GROSS INCOME LIMITA- and inserting ‘‘DAIRY RISK MANAGEMENT’’; 1007.51(b) of such title 7 (or successor regula- TION.—For purposes of this section only, sub- (B) by striking ‘‘Not later than September 1, tion), plus the simple average of the advanced section (b) of section 1001D of the Food Security 2014, the Secretary shall establish and admin- pricing factors computed in sections 1000.50(q)(1) Act of 1985 (7 U.S.C. 1308–3a) shall not apply to ister a margin protection program’’ and insert- and 1000.50(q)(2) of such title 7 (or successor a person or legal entity if 75 percent or greater ing ‘‘The Secretary shall continue to administer regulation), plus $0.74.’’. of the average adjusted gross income (as such a dairy risk management program’’; and (b) EFFECTIVE DATE AND IMPLEMENTATION.— term is defined in subsection (a) of such section) (C) by striking ‘‘margin protection payment’’ (1) EFFECTIVE DATE.—The amendment made of such person or legal entity derives from farm- both places it appears and inserting ‘‘dairy risk by subsection (a) shall take effect on the first ing, ranching, or silviculture activities.’’. management payment’’. day of the first month beginning more than 120 (c) APPLICATION OF AMENDMENTS.—Section (5) PARTICIPATION.—Section 1404 of the Agri- days after the date of the enactment of this Act. 1501 of the Agricultural Act of 2014 (7 U.S.C. cultural Act of 2014 (7 U.S.C. 9054) is amended— (2) IMPLEMENTATION.—Implementation of the 9081), as amended by this section, shall apply (A) in the section heading, by striking ‘‘MAR- amendment made by subsection (a) is not subject with respect to losses described in such section GIN PROTECTION’’; to any of the following: 1501 incurred on or after January 1, 2017.

VerDate Sep 11 2014 07:14 May 17, 2018 Jkt 079060 PO 00000 Frm 00089 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4070 CONGRESSIONAL RECORD — HOUSE May 16, 2018 Subtitle F—Administration (I) Title III (7 U.S.C. 1447 et seq.). 1001(f) of the Food Security Act of 1985 (7 U.S.C. SEC. 1601. ADMINISTRATION GENERALLY. (J) Title IV (7 U.S.C. 1421 et seq.), other than 1308(f)) is amended— sections 404, 412, and 416 (7 U.S.C. 1424, 1429, (A) in paragraph (5)(A), by striking ‘‘or title (a) USE OF COMMODITY CREDIT CORPORA- and 1431). XII’’ and inserting ‘‘title I of the Agriculture TION.—The Secretary shall use the funds, facili- and Nutrition Act of 2018, or title XII’’; and ties, and authorities of the Commodity Credit (K) Title V (7 U.S.C. 1461 et seq.). (L) Title VI (7 U.S.C. 1471 et seq.). (B) in paragraph (6)(A), by striking ‘‘or title Corporation to carry out this title. (2) CLARIFYING AMENDMENTS.—Section 201(a) XII’’ and inserting ‘‘title I of the Agriculture (b) DETERMINATIONS BY SECRETARY.—A deter- of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) and Nutrition Act of 2018, or title XII’’. mination made by the Secretary under this title is amended— (2) FOREIGN PERSONS INELIGIBLE.—Section shall be final and conclusive. (A) by inserting ‘‘, crambe, cottonseed, sesame 1001C(a) of the Food Security Act of 1985 (7 (c) REGULATIONS.— seed’’ after ‘‘mustard seed’’; U.S.C. 1308–3(a)) is amended by inserting ‘‘title (1) IN GENERAL.—Except as otherwise provided (B) by inserting ‘‘dry peas, lentils, small I of the Agriculture and Nutrition Act of 2018,’’ in this subsection, not later than 90 days after chickpeas, large chickpeas, graded wool, non- after ‘‘2014,’’. the date of enactment of this Act, the Secretary graded wool, mohair, peanuts,’’ after ‘‘honey,’’; (d) APPLICATION.—The amendments made by and the Commodity Credit Corporation, as ap- and this section shall apply beginning with the 2019 propriate, shall promulgate such regulations as (C) by striking ‘‘in accordance with this title’’ crop year. are necessary to implement this title and the and inserting ‘‘consistent with the percentage SEC. 1604. ADJUSTED GROSS INCOME LIMITA- amendments made by this title. levels of support provided under subsection (c), TION. (2) PROCEDURE.—The promulgation of the reg- except as otherwise provided for under sub- (a) LIMITATIONS.—Section 1001D(b)(2) of the ulations and administration of this title and the section (b)’’. Food Security Act of 1985 (7 U.S.C. 1308– amendments made by this title shall be made (c) SUSPENSION OF CERTAIN QUOTA PROVI- 3a(b)(2)) is amended— without regard to— (1) in subparagraph (A), by striking ‘‘title I of SIONS.—The joint resolution entitled ‘‘A joint the Agricultural Act of 2014’’ and inserting (A) the notice and comment provisions of sec- resolution relating to corn and wheat marketing ‘‘title I of the Agriculture and Nutrition Act of tion 553 of title 5, United States Code; and quotas under the Agricultural Adjustment Act 2018’’; (B) chapter 35 of title 44, United States Code of 1938, as amended’’, approved May 26, 1941 (7 (commonly known as the ‘‘Paperwork Reduction (2) in subparagraph (C)— U.S.C. 1330 and 1340), shall not be applicable to (A) by inserting ‘‘title II of the Agriculture Act’’). the crops of wheat planted for harvest in the ONGRESSIONAL REVIEW OF AGENCY RULE- and Nutrition Act of 2018,’’ after ‘‘under’’; and (3) C calendar years 2019 through 2023. MAKING.—In carrying out this subsection, the (B) by striking ‘‘Starting with fiscal year 2015, Secretary shall use the authority provided SEC. 1603. PAYMENT LIMITATIONS. a’’ and inserting ‘‘A’’; (3) by striking subparagraphs (B) and (D); under section 808 of title 5, United States Code. (a) IN GENERAL.—Section 1001 of the Food Se- and (d) ADJUSTMENT AUTHORITY RELATED TO curity Act of 1985 (7 U.S.C. 1308) is amended— (1) in subsection (a)— (4) by redesignating subparagraphs (C) and TRADE AGREEMENTS COMPLIANCE.— (A) in paragraph (1) by striking ‘‘section 1001 (E) as subparagraphs (B) and (C), respectively. (1) REQUIRED DETERMINATION; ADJUSTMENT.— (b) EXCEPTIONS.— If the Secretary determines that expenditures of the Food, Conservation, and Energy Act of 2008’’ and inserting ‘‘section 1111 of the Agri- (1) IN GENERAL.—Section 1001D(b) of the Food under this title that are subject to the total al- Security Act of 1985 (7 U.S.C. 1308–3a(b)) is lowable domestic support levels under the Uru- culture and Nutrition Act of 2018’’; (B) in paragraph (2), by inserting ‘‘first cous- amended by adding at the end the following: guay Round Agreements (as defined in section 2 in, niece, nephew,’’ after ‘‘sibling,’’; ‘‘(3) EXCEPTIONS.— of the Uruguay Round Agreements Act (19 ‘‘(A) EXCEPTION FOR QUALIFIED PASS THROUGH (C) by redesignating paragraph (5) as (6); and U.S.C. 3501)) will exceed such allowable levels ENTITIES.—Paragraph (1) shall not apply with (D) by inserting after paragraph (4) the fol- for any applicable reporting period, the Sec- respect to a qualified pass through entity (as lowing new paragraph: retary shall, to the maximum extent practicable, such term is defined in section 1001(a)(5)). ‘‘(5) QUALIFIED PASS THROUGH ENTITY.—The ‘‘(B) WAIVER.—The Secretary may waive the make adjustments in the amount of such ex- term ‘qualified pass through entity’ means a penditures during that period to ensure that limitation established by paragraph (1) with re- partnership (within the meaning of subchapter spect to a payment pursuant to a covered ben- such expenditures do not exceed the allowable K of chapter 1 of the Internal Revenue Code of levels. efit described in paragraph (2)(B), on a case-by- 1986 and including a limited liability company case basis, if the Secretary determines that envi- (2) CONGRESSIONAL NOTIFICATION.—Before that does not affirmatively elect to be treated as making any adjustment under paragraph (1), ronmentally sensitive land of special signifi- a corporation), an S corporation (as defined in cance would be protected as a result of such the Secretary shall submit to the Committee on section 1361 of such Code), or a joint venture.’’; Agriculture of the House of Representatives and waiver.’’. (2) in subsections (b) and (c) by striking ‘‘enti- (2) CONFORMING AMENDMENTS.—Section 1001D the Committee on Agriculture, Nutrition, and ty’’ through ‘‘Agricultural Act of 2014’’ in each Forestry of the Senate a report describing the of the Food Security Act of 1985 (7 U.S.C. 1308– place it appears and inserting ‘‘entity (except a 3a) is amended— determination made under that paragraph and qualified pass through entity) for any crop year the extent of the adjustment to be made. (A) in subsection (b)(1), by inserting ‘‘subject under sections 1116 and 1117 of the Agriculture to paragraph (3),’’ after ‘‘of law,’’; and SEC. 1602. SUSPENSION OF PERMANENT PRICE and Nutrition Act of 2018’’; (B) in subsection (d), by striking ‘‘, general SUPPORT AUTHORITY. (3) in subsection (d) by striking ‘‘associated’’ partnership, or joint venture’’ both places it ap- (a) AGRICULTURAL ADJUSTMENT ACT OF and all that follows through the end of the sen- pears. 1938.—The following provisions of the Agricul- tence and inserting ‘‘associated with subtitle B (c) TRANSITION.—Section 1001D of the Food tural Adjustment Act of 1938 shall not be appli- of title I of the Agriculture and Nutrition Act of Security Act of 1985 (7 U.S.C. 1308–3a), as in ef- cable to the 2019 through 2023 crops of covered 2018.’’; and fect on the day before the date of the enactment commodities (as defined in section 1111), cotton, (4) in subsection (f), by adding the end the of this Act, shall apply with respect to the 2018 and sugar and shall not be applicable to milk following new paragraph: crop, fiscal, or program year, as appropriate, for during the period beginning on the date of en- ‘‘(9) ADMINISTRATION OF REDUCTION.—The each program described in subsection (b)(2) of actment of this Act through December 31, 2023: Secretary shall apply any order described in sec- that section (as so in effect on that day). (1) Parts II through V of subtitle B of title III tion 1614(d)(1) of the Agricultural Act of 2014 (7 SEC. 1605. PREVENTION OF DECEASED INDIVID- (7 U.S.C. 1326 et seq.). U.S.C. 9097(d)(1)) to payments under sections UALS RECEIVING PAYMENTS UNDER (2) In the case of upland cotton, section 377 (7 1116 and 1117 of the Agriculture and Nutrition FARM COMMODITY PROGRAMS. U.S.C. 1377). Act of 2018 prior to applying payment limita- (a) RECONCILIATION.—At least twice each (3) Subtitle D of title III (7 U.S.C. 1379a et tions under this section.’’. year, the Secretary shall reconcile Social Secu- seq.). (b) TREATMENT OF QUALIFIED PASS THROUGH rity numbers of all individuals who receive pay- (4) Title IV (7 U.S.C. 1401 et seq.). ENTITIES.—Section 1001(e)(3)(B)(ii) of the Food ments under this title, whether directly or indi- (b) AGRICULTURAL ACT OF 1949.— Security Act of 1985 (7 U.S.C. 1308(e)(3)(B)(ii)) is rectly, with the Commissioner of Social Security (1) APPLICABILITY.—The following provisions amended— to determine if the individuals are alive. of the Agricultural Act of 1949 shall not be ap- (1) in the heading, by striking ‘‘JOINT VEN- (b) PRECLUSION.—The Secretary shall pre- plicable to the 2019 through 2023 crops of cov- TURES AND GENERAL PARTNERSHIPS’’ and insert- clude the issuance of payments to, and on be- ered commodities (as defined in section 1111), ing ‘‘QUALIFIED PASS THROUGH ENTITIES’’; half of, deceased individuals that were not eligi- cotton, and sugar and shall not be applicable to (2) by striking ‘‘joint venture or a general ble for payments. milk during the period beginning on the date of partnership’’ and inserting ‘‘qualified pass SEC. 1606. ASSIGNMENT OF PAYMENTS. enactment of this Act through December 31, through entity’’; (a) IN GENERAL.—The provisions of section 2023: (3) by striking ‘‘joint ventures and general 8(g) of the Soil Conservation and Domestic Al- (A) Section 101 (7 U.S.C. 1441). partnerships’’ and inserting ‘‘qualified pass lotment Act (16 U.S.C. 590h(g)), relating to as- (B) Section 103(a) (7 U.S.C. 1444(a)). through entities’’; and signment of payments, shall apply to payments (C) Section 105 (7 U.S.C. 1444b). (4) by striking ‘‘joint venture or general part- made under this title. (D) Section 107 (7 U.S.C. 1445a). nership’’ and inserting ‘‘qualified pass through (b) NOTICE.—The producer making the assign- (E) Section 110 (7 U.S.C. 1445e). entity’’. ment, or the assignee, shall provide the Sec- (F) Section 112 (7 U.S.C. 1445g). (c) CONFORMING AMENDMENTS.— retary with notice, in such manner as the Sec- (G) Section 115 (7 U.S.C. 1445k). (1) TREATMENT OF FEDERAL AGENCIES AND retary may require, of any assignment made (H) Section 201 (7 U.S.C. 1446). STATE AND LOCAL GOVERNMENTS.—Section under this section.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00090 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4071

SEC. 1607. TRACKING OF BENEFITS. a producer for programs administered by the De- (b) MITIGATION BANKING.—Section As soon as practicable after the date of enact- partment of Agriculture that are not policies or 1222(k)(1)(B) of the Food Security Act of 1985 (16 ment of this Act, the Secretary may track the plans of insurance offered under the Federal U.S.C. 3822(k)(1)(B)) is amended to read as fol- benefits provided, directly or indirectly, to indi- Crop Insurance Act (7 U.S.C. 1501 et. seq.) ex- lows: viduals and entities under titles I and II and the cept in cases of misrepresentation, fraud, or ‘‘(B) FUNDING.— amendments made by those titles. scheme and device; ‘‘(i) FUNDS OF COMMODITY CREDIT CORPORA- SEC. 1608. SIGNATURE AUTHORITY. (2) continue to improve coordination, informa- TION.—To carry out this paragraph, the Sec- (a) IN GENERAL.—In carrying out this title tion sharing, and administrative work with the retary shall use $10,000,000 of the funds of the and title II and amendments made by those ti- Farm Service Agency, Risk Management Agen- Commodity Credit Corporation beginning in fis- tles, if the Secretary approves a document, the cy, and the Natural Resources Conservation cal year 2019, which funds shall remain avail- Secretary shall not subsequently determine the Service; able until expended. document is inadequate or invalid because of (3) continue to take advantage of new tech- ‘‘(ii) AUTHORIZATION OF APPROPRIATIONS.—In the lack of authority of any person signing the nologies to enhance efficiency and effectiveness addition to amounts made available under document on behalf of the applicant or any of program delivery to producers; and clause (i), there are authorized to be appro- other individual, entity, or qualified pass (4) reduce administrative burdens on propriated to the Secretary to carry out this para- through entity (as such term is defined in para- ducers by offering such producers an option to graph $5,000,000 for each of fiscal years 2019 graph (5) of section 1001(a) of the Food Security remotely and electronically sign annual con- through 2023.’’. Act of 1985 (7 U.S.C. 1308(a))) or the documents tracts for participation in coverage under sec- Subtitle B—Conservation Reserve Program tions 1116 and 1117. relied upon were determined inadequate or in- SEC. 2201. CONSERVATION RESERVE. (c) IMPLEMENTATION.—The Secretary shall valid, unless the person signing the program (a) IN GENERAL.—Section 1231(a) of the Food make available to the Farm Service Agency to document knowingly and willfully falsified the Security Act of 1985 (16 U.S.C. 3831(a)) is carry out this title and amendments made by evidence of signature authority or a signature. amended by striking ‘‘2018’’ and inserting this title, $25,000,000. (b) AFFIRMATION.— ‘‘2023’’. (d) LOAN IMPLEMENTATION.— (1) IN GENERAL.—Nothing in this section pro- (b) ENROLLMENT.—Section 1231(d) of the Food (1) IN GENERAL.—Section 1614(d)(1) of the Ag- hibits the Secretary from asking a proper party Security Act of 1985 (16 U.S.C. 3831(d)) is ricultural Act of 2014 (7 U.S.C. 9097(d)(1)) is to affirm any document that otherwise would be amended— amended— considered approved under subsection (a). (1) in paragraph (1)— (A) by inserting ‘‘or subtitles B and C of the (2) NO RETROACTIVE EFFECT.—A denial of ben- (A) in subparagraph (D), by striking ‘‘; and’’ efits based on a lack of affirmation under para- Agriculture and Nutrition Act of 2018’’ after and inserting a semicolon; graph (1) shall not be retroactive with respect to ‘‘this title’’; (B) in subparagraph (E), by striking the pe- third-party producers who were not the subject (B) by striking ‘‘made by subtitles B or C’’ riod at the end and inserting a semicolon; and of the erroneous representation of authority, if and inserting ‘‘made by such subtitles’’; and (C) by adding at the end the following: the third-party producers— (C) by inserting ‘‘of this title, and sections ‘‘(F) fiscal year 2019, no more than 25,000,000 (A) relied on the prior approval by the Sec- 1207(c) and 1208 of the Agriculture and Nutri- acres; retary of the documents in good faith; and tion Act of 2018’’ after ‘‘1208’’. ‘‘(G) fiscal year 2020, no more than 26,000,000 (B) substantively complied with all program (2) REPAYMENT.—Section 1614(d)(2) of the Ag- acres; requirements. ricultural Act of 2014 (7 U.S.C. 9097(d)(2)) is ‘‘(H) fiscal year 2021, no more than 27,000,000 amended— acres; SEC. 1609. PERSONAL LIABILITY OF PRODUCERS (A) by striking ‘‘of subtitles B or C’’ and in- FOR DEFICIENCIES. ‘‘(I) fiscal year 2022, no more than 28,000,000 serting ‘‘of subtitle B or C of this title, or sub- Section 164(a) of the Federal Agriculture Im- acres; and title B or C of the Agriculture and Nutrition Act provement and Reform Act of 1996 (7 U.S.C. ‘‘(J) fiscal year 2023, no more than 29,000,000 of 2018’’; and 7284(a)) is amended by striking ‘‘this title’’ and acres.’’; (B) by striking ‘‘under subtitles B or C’’ and (2) in paragraph (2)— all that follows through ‘‘unless’’ and inserting inserting ‘‘of subtitle B or C of this title, or sub- ‘‘this title, title I of the Farm Security and (A) by amending subparagraph (A) to read as title B or C of the Agriculture and Nutrition Act follows: Rural Investment Act of 2002, title I of the Food, of 2018’’. Conservation, and Energy Act of 2008 (7 U.S.C. ‘‘(A) LIMITATION.—For purposes of applying 8702 et seq.), title I of the Agricultural Act of SEC. 1611. EXEMPTION FROM CERTAIN REPORT- the limitations in paragraph (1)— ING REQUIREMENTS FOR CERTAIN 2014, or Agriculture and Nutrition Act of 2018’’. ‘‘(i) no more than 2,000,000 acres of the land PRODUCERS. described in subsection (b)(3) may be enrolled in SEC. 1610. IMPLEMENTATION. (a) DEFINITION OF EXEMPTED PRODUCER.—In the program at any one time during the 2014 (a) MAINTENANCE OF BASE ACRES AND PAY- this section, the term ‘‘exempted producer’’ through 2018 fiscal years; MENT YIELDS.—The Secretary shall maintain, means a producer or landowner eligible to par- ‘‘(ii) the Secretary shall enroll and maintain for each covered commodity, base acres and ticipate in any conservation or commodity pro- in the conservation reserve not fewer than payment yields on a farm established under sec- gram administered by the Secretary. 3,000,000 acres of the land described in sub- tions 1001 and 1301 of the Food, Conservation, (b) EXEMPTION.—Notwithstanding any other section (b)(3) by September 30, 2023; and and Energy Act of 2008 (7 U.S.C. 8702, 8751), as provision of law, including the Federal Funding ‘‘(iii) in carrying out clause (ii), to the max- adjusted pursuant to sections 1101, 1102, 1108, Accountability and Transparency Act of 2006 imum extent practicable, the Secretary shall and 1302 of such Act (7 U.S.C. 8711, 8712, 8718, (Public Law 109–282; 31 U.S.C. 6101 note), the maintain in the conservation reserve at any one 8752), as in effect on September 30, 2013, and as requirements of parts 25 and 170 of title 2, Code time during— adjusted pursuant to sections 1112 and 1113 of of Federal Regulations (and any successor regu- ‘‘(I) fiscal year 2019, 1,000,000 acres; the Agricultural Act of 2014 (7 U.S.C. 9012, lations), shall not apply with respect to assist- ‘‘(II) fiscal year 2020, 1,500,000 acres; 9013). ance received by an exempted producer from the ‘‘(III) fiscal year 2021, 2,000,000 acres; (b) STREAMLINING.—In implementing this title Secretary, acting through the Natural Resources ‘‘(IV) fiscal year 2022, 2,500,000 acres; and and amendments made by this title, the Sec- Conservation Service or the Farm Service Agen- ‘‘(V) fiscal year 2023, 3,000,000 acres.’’; and retary shall— cy. (B) by adding at the end the following: (1) continue to reduce administrative burdens TITLE II—CONSERVATION ‘‘(D) RESERVATION OF UNENROLLED ACRES.—If and costs to producers by streamlining and re- the Secretary is unable in a fiscal year to enroll Subtitle A—Wetland Conservation ducing paperwork, forms, and other administra- enough acres of land described in subsection tive requirements, including through the con- SEC. 2101. PROGRAM INELIGIBILITY. (b)(3) to meet the number of acres described in tinuation of the Acreage Crop Reporting and Section 1221(d) of the Food Security Act of clause (ii) or (iii) of subparagraph (A) for the Streamlining Initiative that, in part, shall en- 1985 (16 U.S.C. 3821(d)) is amended— fiscal year, the Secretary shall reserve the re- sure that— (1) by striking ‘‘Except as provided’’ and in- maining number of acres for that fiscal year for (A) a producer (or an agent of a producer) serting the following: the enrollment of land described in subsection may report information, electronically (includ- ‘‘(A) IN GENERAL.—Except as provided’’; and (b)(3), and that number of acres shall not be ing geospatial data) or conventionally, to the (2) by adding at the end the following: available for the enrollment of any other type of Department; ‘‘(B) DUTY OF THE SECRETARY.—Before deter- eligible land.’’; and (B) upon the request of the producer (or agent mining that a person is ineligible for program (3) by adding at the end the following: thereof), the Department of Agriculture elec- benefits under this subsection, the Secretary ‘‘(3) STATE ENROLLMENT RATES.—During each tronically shares with the producer (or agent) in shall determine that no exemption under section of fiscal years 2019 through 2023, to the max- real time and without cost to the producer (or 1222 applies.’’. imum extent practicable, the Secretary shall agent) the common land unit data, related farm SEC. 2102. MINIMAL EFFECT REGULATIONS. carry out this subchapter in such a manner as level data, and other information of the pro- (a) IDENTIFICATION OF MINIMAL EFFECT EX- to enroll and maintain acreage in the conserva- ducer; and EMPTIONS.—Section 1222(d) of the Food Security tion reserve in accordance with historical State (C) no agent, approved insurance provider, or Act of 1985 (16 U.S.C. 3822(d)) is amended by in- enrollment rates, considering— employee or contractor of an agency or ap- serting ‘‘not later than 180 days after the date ‘‘(A) the average number of acres of all lands proved insurance provider, bears responsibility of enactment of the Agriculture and Nutrition enrolled in the conservation reserve in each or liability under the Acreage Crop Reporting Act of 2018,’’ before ‘‘the Secretary shall iden- State during each of fiscal years 2007 through and Streamlining Initiative for the eligibility of tify’’. 2016;

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00091 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4072 CONGRESSIONAL RECORD — HOUSE May 16, 2018 ‘‘(B) the average number of acres of all lands (3) by striking paragraph (3). ‘‘(4) grazing during the applicable normal enrolled in the conservation reserve nationally SEC. 2203. DUTIES OF OWNERS AND OPERATORS. grazing period determined under subclause (I) of during each of fiscal years 2007 through 2016; (a) IN GENERAL.—Section 1232(a) of the Food section 1501(c)(3)(D)(i) of the Agricultural Act of and Security Act of 1985 (16 U.S.C. 3832(a)) is 2014 (7 U.S.C. 9081(c)(3)(D)(i)), without any re- ‘‘(C) the acres available for enrollment during amended— striction on grazing during the primary nesting each of fiscal years 2019 through 2023, excluding (1) in paragraph (5), by inserting ‘‘, which period, subject to the condition that the grazing acres described in paragraph (2). may include the use of grazing in accordance shall be at 50 percent of the normal carrying ca- ‘‘(4) FREQUENCY.—In carrying out this sub- with paragraph (8),’’ after ‘‘management on the pacity determined under that subclause.’’; chapter, for contracts that are not available on land’’; and (5) in paragraph (5), as so redesignated, by a continuous enrollment basis, the Secretary (2) by redesignating paragraphs (10) and (11) striking ‘‘; and’’ and inserting ‘‘and retains shall hold a signup not less often than once as paragraphs (11) and (12), respectively, and suitable vegetative structure for wildlife cover every other year.’’. inserting after paragraph (9) the following: and shelter;’’; (c) DURATION OF CONTRACT.—Section 1231(e) ‘‘(10) on land devoted to hardwood or other (6) in paragraph (6)(C), as so redesignated, by of the Food Security Act of 1985 (16 U.S.C. trees, excluding windbreaks and shelterbelts, to striking the period at the end and inserting ‘‘; 3831(e)) is amended to read as follows: carry out proper thinning and other practices to and’’; and ‘‘(e) DURATION OF CONTRACT.— improve the condition of resources, promote for- (7) by adding at the end the following: ‘‘(1) IN GENERAL.—Except as provided in para- est management, and enhance wildlife habitat ‘‘(7) grazing pursuant to section 1232(a)(5), graph (2), for the purpose of carrying out this on the land;’’. without any reduction in the rental rate, if the subchapter, the Secretary shall enter into con- (b) CONSERVATION PLANS.—Section 1232(b)(2) grazing is consistent with the conservation of tracts of not less than 10, nor more than 15, of the Food Security Act of 1985 (16 U.S.C. soil, water quality, and wildlife habitat.’’. years. 3832(b)(2)) is amended by striking ‘‘, if any,’’. (c) NATURAL DISASTER OR ADVERSE WEATHER ‘‘(2) CERTAIN CONTINUOUS CONTRACTS.—With SEC. 2204. DUTIES OF THE SECRETARY. AS MID-CONTRACT MANAGEMENT.—Section 1233 respect to contracts under this subchapter for (a) COST-SHARE AND RENTAL PAYMENTS.—Sec- of the Food Security Act of 1985 (16 U.S.C. 3833) the enrollment of land described in paragraph tion 1233(a)(2) of the Food Security Act of 1985 is amended by adding at the end the following: (4) or (5) of subsection (b), the Secretary shall (16 U.S.C. 3833(a)(2)) is amended by striking ‘‘(e) NATURAL DISASTER OR ADVERSE WEATHER enter into contracts of a period of 15 or 30 ‘‘pay an annual rental payment in an amount AS MID-CONTRACT MANAGEMENT.—In the case of years.’’. necessary to compensate for’’ and inserting a natural disaster or adverse weather event that (d) ELIGIBILITY FOR CONSIDERATION.—Section ‘‘pay an annual rental payment, in accordance has the effect of a management practice con- 1231(h) of the Food Security Act of 1985 (16 with section 1234(d), for’’. sistent with the conservation plan, the Secretary U.S.C. 3831(h)) is amended— (b) SPECIFIED ACTIVITIES PERMITTED.—Section shall not require further management practices (1) by striking ‘‘On the expiration’’ and in- 1233(b) of the Food Security Act of 1985 (16 pursuant to section 1232(a)(5) that are intended serting the following: U.S.C. 3833(b)) is amended— to achieve the same effect.’’. ‘‘(1) IN GENERAL.—On the expiration’’; and (1) in paragraph (2)— SEC. 2205. PAYMENTS. (2) by adding at the end the following: (A) in the matter preceding subparagraph (a) COST SHARING PAYMENTS.—Section 1234(b) ‘‘(2) REENROLLMENT LIMITATION FOR CERTAIN (A)— of the Food Security Act of 1985 (16 U.S.C. LAND.—Land subject to a contract entered into (i) by striking ‘‘not less than 25 percent’’ and 3834(b)) is amended— under this subchapter shall be eligible for only inserting ‘‘25 percent’’; and (1) in paragraph (1), by striking ‘‘50 percent’’ one reenrollment in the conservation reserve (ii) by inserting ‘‘(except that vegetative cover and inserting ‘‘not more than 40 percent’’; under paragraph (1) if the land is devoted to may not be harvested for seed)’’ after ‘‘managed (2) by amending paragraph (2) to read as fol- hardwood trees.’’. harvesting’’; lows: SEC. 2202. FARMABLE WETLAND PROGRAM. (B) in subparagraph (A), by striking ‘‘; and’’ ‘‘(2) LIMITATIONS.— (a) PROGRAM REQUIRED.—Section 1231B(a)(1) and inserting a semicolon; ‘‘(A) EXCEPTION FOR SEED COSTS.—In the case of the Food Security Act of 1985 (16 U.S.C. (C) in subparagraph (B), by striking ‘‘is at of seed costs related to the establishment of 3831b(a)(1)) is amended by striking ‘‘2018’’ and least every 5 but not more than once every 3 cover, cost share shall not exceed 25 percent of inserting ‘‘2023’’. years;’’ and inserting ‘‘contributes to the health the total cost of the seed mixture. (b) ELIGIBLE ACREAGE.—Section 1231B(b)(2) of and vigor of the established cover, and is not ‘‘(B) ADDITIONAL INCENTIVE PAYMENTS.—Ex- the Food Security Act of 1985 (16 U.S.C. more than once every 3 years; and’’; and cept as provided in subsection (c), the Secretary 3831b(b)(2)) is amended to read as follows: (D) by adding at the end the following: may not make additional incentive payments be- ‘‘(2) BUFFER ACREAGE.—Subject to subsections ‘‘(C) shall ensure that 25 percent of the acres yond the actual cost of installing measures and (c) and (d), an owner or operator may enroll in covered by the contract are not harvested, in ac- practices described in paragraph (1). the conservation reserve, pursuant to the pro- cordance with an approved plan that provides ‘‘(C) MID-CONTRACT MANAGEMENT GRAZING.— gram established under this section, buffer acre- for wildlife cover and shelter;’’; The Secretary may not make any cost sharing age that, with respect to land described in sub- (2) in paragraph (3)— payment to an owner or operator under this paragraph (A), (B), or (C) of paragraph (1)— (A) in the matter preceding subparagraph (A), subchapter pursuant to section 1232(a)(5).’’; and ‘‘(A) is contiguous to such land; by striking ‘‘not less than 25 percent’’ and in- (3) by striking paragraphs (3) and (4) and re- ‘‘(B) is used to protect such land; and serting ‘‘25 percent’’; and designating paragraph (5) as paragraph (3). ‘‘(C) is of such width as the Secretary deter- (B) in subparagraph (B)— (b) INCENTIVE PAYMENTS.—Section 1234(c) of mines is necessary to protect such land, taking (i) in the matter preceding clause (i), by strik- the Food Security Act of 1985 (16 U.S.C. 3834(c)) into consideration and accommodating the farming ‘‘routine grazing, except that in permitting is amended— ing practices (including the straightening of such routine grazing’’ and inserting ‘‘grazing, (1) in the subsection heading, by striking ‘‘IN- boundaries to accommodate machinery) used except that in permitting such grazing’’; CENTIVE’’ and inserting ‘‘FOREST MANAGEMENT with respect to the cropland that surrounds (ii) in clause (i), by striking ‘‘continued rou- PAYMENT’’; such land.’’. tine grazing; and’’ and inserting ‘‘grazing;’’; (2) in paragraph (1), by striking ‘‘The Sec- (c) PROGRAM LIMITATIONS.—Section 1231B(c) (iii) in clause (ii)— retary’’ and inserting ‘‘Using funds made avail- of the Food Security Act of 1985 (16 U.S.C. (I) in the matter preceding subclause (I), by able under section 1241(a)(1)(A), the Secretary’’; 3831b(c)) is amended— striking ‘‘routine grazing may be conducted, and (1) in paragraph (1)(B), by striking ‘‘750,000’’ such that the frequency is not more than once (3) in paragraph (2), by striking ‘‘150 percent’’ and inserting ‘‘500,000’’; every 2 years’’ and inserting ‘‘grazing may be and inserting ‘‘100 percent’’. (2) in paragraph (2), by striking ‘‘Subject to conducted, such that the frequency contributes (c) ANNUAL RENTAL PAYMENTS.—Section paragraph (3), any acreage’’ and inserting to the health and vigor of the established 1234(d) of the Food Security Act of 1985 (16 ‘‘Any acreage’’; and cover’’; U.S.C. 3834(d)) is amended— (3) by striking paragraphs (3) and (4). (II) in subclause (II), by striking ‘‘the number (1) in paragraph (1)— (d) DUTIES OF OWNERS AND OPERATORS.—Sec- of years that should be required between rou- (A) by striking ‘‘less intensive use, the Sec- tion 1231B(e) of the Food Security Act of 1985 tine’’ and inserting ‘‘the appropriate frequency retary may consider’’ and inserting the fol- (16 U.S.C. 3831b(e)) is amended— and duration of’’; and lowing: ‘‘less intensive use— (1) in paragraph (2), by striking the semicolon (III) in subclause (III), by striking ‘‘routine’’ ‘‘(A) the Secretary may consider’’; and inserting ‘‘; and’’; each place it appears; and (B) by striking the period at the end and in- (2) by striking paragraph (3); and (iv) by adding at the end the following: serting ‘‘; and’’; and (3) by redesignating paragraph (4) as para- ‘‘(iii) shall ensure that the grazing is con- (C) by adding at the end the following: graph (3). ducted in accordance with an approved plan ‘‘(B) the Secretary shall consider the impact (e) DUTIES OF THE SECRETARY.—Section that does not restrict grazing during the pri- on the local farmland rental market.’’; 1231B(f) of the Food Security Act of 1985 (16 mary nesting season and will reduce the stock- (2) in paragraph (2)— U.S.C. 3831b(f)) is amended— ing rate determined under clause (i) by 50 per- (A) by amending subparagraph (A) to read as (1) in paragraph (1), by striking ‘‘paragraphs cent; and’’; follows: (2) and (3)’’ and inserting ‘‘paragraph (2)’’; (3) by redesignating paragraphs (4) and (5) as ‘‘(A) IN GENERAL.— (2) in paragraph (2), by striking ‘‘section paragraphs (5) and (6), respectively; ‘‘(i) INITIAL ENROLLMENT.—The amounts pay- 1234(d)(2)(A)(ii)’’ and inserting ‘‘section (4) by inserting after paragraph (3) the fol- able to an owner or operator in the form of an- 1234(d)(2)(A)’’; and lowing: nual rental payments under a contract entered

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00092 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4073 into under this subchapter with respect to land allow the covered farmer or rancher to begin the of the funds made available for payments under that has not previously been subject to such a certification process under the Organic Foods the program shall be targeted at practices bene- contract shall be not more than 80 percent of the Production Act of 1990 (7 U.S.C. 6501 et seq.);’’; fitting wildlife habitat under subsection (g).’’. applicable estimated average county rental rate (C) in subparagraph (D), as so redesignated, (c) WATER CONSERVATION OR IRRIGATION EF- published pursuant to paragraph (4) for the by inserting ‘‘, and provide to such farmer or FICIENCY PRACTICE.—Section 1240B(h) of the year in which the contract is entered into. rancher technical and financial assistance to Food Security Act of 1985 (16 U.S.C. 3839aa– ‘‘(ii) MULTIPLE ENROLLMENTS.—If land subject carry out the requirements of the plan, if any’’ 2(h)) is amended— to a contract entered into under this subchapter before the semicolon at the end; and (1) by amending paragraph (1) to read as fol- is reenrolled in the conservation reserve under (D) in subparagraph (E), as so redesignated, lows: section 1231(h)(1)— by striking ‘‘the conservation stewardship pro- ‘‘(1) AVAILABILITY OF PAYMENTS.—The Sec- ‘‘(I) for the first such reenrollment, the an- gram or’’; and retary may provide water conservation and sys- nual rental payment shall be in an amount that (2) in paragraph (2)— tem efficiency payments under this subsection to is not more than 65 percent of the applicable es- (A) in the matter preceding subparagraph (A), a producer for— timated average county rental rate published by striking ‘‘The Secretary’’ and inserting ‘‘To ‘‘(A) a water conservation scheduling tech- pursuant to paragraph (4) for the year in which the extent the maximum number of acres per- nology or water conservation scheduling man- the reenrollment occurs; mitted to be enrolled under the program has not agement; ‘‘(II) for the second such reenrollment, the an- been met, the Secretary’’; and ‘‘(B) irrigation-related structural practices; or nual rental payment shall be in an amount that (B) in subparagraph (A), by striking ‘‘eligible ‘‘(C) a transition to water-conserving crops or is not more than 55 percent of the applicable es- for enrollment under the continuous signup op- water-conserving crop rotations.’’; timated average county rental rate published tion pursuant to section 1234(d)(2)(A)(ii)’’ and (2) by redesignating paragraph (2) as para- pursuant to paragraph (4) for the year in which inserting ‘‘is carried out on land described in graph (3) and inserting after paragraph (1) the the reenrollment occurs; paragraph (4) or (5) of section 1231(b)’’. following: ‘‘(III) for the third such reenrollment, the an- (c) END OF CONTRACT CONSIDERATIONS.—Sec- ‘‘(2) LIMITED ELIGIBILITY OF IRRIGATION DIS- nual rental payment shall be in an amount that tion 1235(g) of the Food Security Act of 1985 (16 TRICTS, IRRIGATION ASSOCIATIONS, AND is not more than 45 percent of the applicable es- U.S.C. 3835(g)) is amended to read as follows: ACEQUIAS.— timated average county rental rate published ‘‘(g) END OF CONTRACT CONSIDERATIONS.—The ‘‘(A) IN GENERAL.—Notwithstanding section pursuant to paragraph (4) for the year in which Secretary shall not consider an owner or oper- 1001(f)(6), the Secretary may enter into a con- the reenrollment occurs; and ator to be in violation of a term or condition of tract under this subsection with an irrigation ‘‘(IV) for the fourth such reenrollment, the the conservation reserve contract if— district, irrigation association, or acequia to im- annual rental payment shall be in an amount ‘‘(1) during the year prior to expiration of the plement water conservation or irrigation prac- that is not more than 35 percent of the applica- contract, the owner or operator— tices pursuant to a watershed-wide project that ble estimated average county rental rate pub- ‘‘(A) enters into an environmental quality in- will effectively conserve water, as determined by lished pursuant to paragraph (4) for the year in centives program contract; and the Secretary. which the reenrollment occurs.’’; and ‘‘(B) begins the establishment of an environ- ‘‘(B) IMPLEMENTATION.—Water conservation (B) in subparagraph (B), by striking ‘‘In the mental quality incentives practice; or or irrigation practices that are the subject of a case’’ and inserting ‘‘Notwithstanding subpara- ‘‘(2) during the three years prior to the expira- contract entered into under this paragraph shall graph (A), in the case’’; tion of the contract, the owner or operator be- be implemented on— (3) by striking paragraph (4) and redesig- gins the certification process under the Organic ‘‘(i) eligible land of a producer; or nating paragraph (5) as paragraph (4); and Foods Production Act of 1990.’’. ‘‘(ii) land that is under the control of the irri- (4) in paragraph (4), as so redesignated— Subtitle C—Environmental Quality Incentives gation district, irrigation association, or (A) by striking ‘‘cash’’ each place it appears; Program acequia, and adjacent to such eligible land, as (B) in subparagraph (A)— SEC. 2301. DEFINITIONS. determined by the Secretary. (i) by striking ‘‘, not less frequently than once (a) PRACTICE.—Section 1240A(4)(B) of the ‘‘(C) WAIVER AUTHORITY.—The Secretary may every other year,’’ and inserting ‘‘annually’’; Food Security Act of 1985 (16 U.S.C. 3839aa– waive the applicability of the limitations in sec- and 1(4)(B)) is amended— tion 1001D(b)(2) or section 1240G of this Act for (ii) by inserting ‘‘, and shall publish the esti- (1) in clause (i), by striking ‘‘; and’’ and in- a payment made under a contract entered into mates derived from such survey not later than serting a semicolon; and under this paragraph if the Secretary deter- September 15 of each year’’ before the period at (2) by redesignating clause (ii) as clause (iv) mines that such a waiver is necessary to fulfill the end; and and inserting after clause (i) the following: the objectives of the project. (C) in subparagraph (C)— ‘‘(ii) precision conservation management plan- ‘‘(D) CONTRACT LIMITATIONS.—If the Sec- (i) by striking ‘‘may’’ and inserting ‘‘shall’’; ning; retary grants a waiver under subparagraph (C), and ‘‘(iii) the use of cover crops and resource con- the Secretary may impose a separate payment (ii) by striking ‘‘as a factor in determining’’ serving crop rotations; and’’. limitation for the contract with respect to which and inserting ‘‘to determine’’. (b) PRIORITY RESOURCE CONCERN.—Section the waiver applies.’’; and (d) PAYMENT LIMITATION FOR RENTAL PAY- 1240A of the Food Security Act of 1985 (16 U.S.C. (3) in paragraph (3), as so redesignated— MENTS.—Section 1234(g)(2) of the Food Security 3839aa–1) is amended by redesignating para- (A) in the matter preceding subparagraph (A), Act of 1985 (16 U.S.C. 3834(g)(2)) is amended by graph (5) as paragraph (6) and inserting after by striking ‘‘to a producer’’ and inserting adding at the end the following: paragraph (4) the following: ‘‘under this subsection’’; ‘‘(C) LIMITATION ON PAYMENTS.—Payments ‘‘(5) PRIORITY RESOURCE CONCERN.—The term (B) in subparagraph (A), by striking ‘‘the eli- under subparagraph (B) shall not exceed 50 per- ‘priority resource concern’ means a natural re- gible land of the producer is located, there is a cent of the cost of activities carried out under source concern or problem, as determined by the reduction in water use in the operation of the the applicable agreement entered into under Secretary, that— producer’’ and inserting ‘‘the land on which the such subparagraph.’’. ‘‘(A) is identified at the national, State, or practices will be implemented is located, there is SEC. 2206. CONTRACTS. local level as a priority for a particular area of a reduction in water use in the operation on (a) EARLY TERMINATION BY OWNER OR OPER- a State; and such land’’; and ATOR.—Section 1235(e)(1)(A) of the Food Secu- ‘‘(B) represents a significant concern in a (C) in subparagraph (B), by inserting ‘‘with rity Act of 1985 (16 U.S.C. 3835(e)(1)(A)) is State or region.’’. respect to an application under paragraph (1),’’ amended by striking ‘‘2015’’ and inserting (c) STEWARDSHIP PRACTICE.—Section 1240A of before ‘‘the producer agrees’’. ‘‘2019’’. the Food Security Act of 1985 (16 U.S.C. 3839aa– (d) STEWARDSHIP CONTRACTS.—Section 1240B (b) TRANSITION OPTION FOR CERTAIN FARMERS 1) is amended by adding at the end the fol- of the Food Security Act of 1985 (16 U.S.C. OR RANCHERS.—Section 1235(f) of the Food Secu- lowing: 3839aa–2) is amended by adding at the end the rity Act of 1985 (16 U.S.C. 3835(f)) is amended— ‘‘(7) STEWARDSHIP PRACTICE.—The term ‘stew- following: (1) in paragraph (1)— ardship practice’ means a practice or set of ‘‘(j) STEWARDSHIP CONTRACTS.— (A) by amending subparagraph (A) to read as practices approved by the Secretary that, when ‘‘(1) IDENTIFICATION OF ELIGIBLE PRIORITY RE- follows: implemented and maintained on eligible land, SOURCE CONCERNS FOR STATES.— ‘‘(A) beginning on the date that is 1 year be- address 1 or more priority resource concerns.’’. ‘‘(A) IN GENERAL.—The Secretary, in consulta- fore the date of termination of the contract, SEC. 2302. ESTABLISHMENT AND ADMINISTRA- tion with the State technical committee, shall allow the covered farmer or rancher, in conjunc- TION. identify priority resource concerns within a tion with the retired or retiring owner or oper- (a) ESTABLISHMENT.—Section 1240B(a) of the State that are eligible to be the subject of a ator, to make conservation and land improve- Food Security Act of 1985 (16 U.S.C. 3839aa– stewardship contract under this subsection. ments, including preparing to plant an agricul- 2(a)) is amended by striking ‘‘2019’’ and insert- ‘‘(B) LIMITATION.—The Secretary shall iden- tural crop;’’; ing ‘‘2023’’. tify not more than 3 eligible priority resource (B) by redesignating subparagraphs (B) (b) ALLOCATION OF FUNDING.—Section concerns under subparagraph (A) within each through (E) as subparagraphs (C) through (F), 1240B(f) of the Food Security Act of 1985 (16 area of a State. respectively, and inserting after subparagraph U.S.C. 3839aa–2(f)) is amended to read as fol- ‘‘(2) CONTRACTS.— (A) the following: lows: ‘‘(A) IN GENERAL.—The Secretary shall enter ‘‘(B) beginning on the date that is 3 years be- ‘‘(f) ALLOCATION OF FUNDING.—For each of into contracts with producers under this sub- fore the date of termination of the contract, fiscal years 2014 through 2023, at least 5 percent section that—

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00093 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4074 CONGRESSIONAL RECORD — HOUSE May 16, 2018 ‘‘(i) provide incentives, through annual pay- farm conservation innovation trials, on eligible ‘‘(i) a compilation and analysis of effective ments, to producers to attain increased con- land of producers, to test new or innovative con- conservation practices for soil health, nutrient servation stewardship on eligible land; servation approaches— management, and source water protection in ‘‘(ii) adopt and install a stewardship practice ‘‘(A) directly with producers; or varying soil compositions, cropping systems, to effectively address a priority resource concern ‘‘(B) through eligible entities. slopes, and landscapes; and identified as eligible under paragraph (1); and ‘‘(2) INCENTIVE PAYMENTS.— ‘‘(ii) a list of recommended new and effective ‘‘(iii) require management and maintenance of ‘‘(A) AGREEMENTS.—In carrying out para- conservation practices. such stewardship practice for the term of the graph (1), the Secretary shall enter into agree- ‘‘(B) PRIVACY.—Information provided under contract. ments with producers on whose land an on-farm subparagraph (A) shall be transformed into a ‘‘(B) TERM.—A contract under this subsection conservation innovation trial is being carried statistical or aggregate form so as to not include shall have a term of not less than 5, nor more out to provide payments (including payments to any identifiable or personal information of indi- than 10, years. compensate for foregone income, as appropriate vidual producers.’’. ‘‘(C) PRIORITIZATION.—Section 1240C(b) shall to address the increased economic risk poten- Subtitle D—Other Conservation Programs not apply to applications for contracts under tially associated with new or innovative conservation approaches) to the producers to assist SEC. 2401. CONSERVATION OF PRIVATE GRAZING this subsection. LAND. with adopting and evaluating new or innovative ‘‘(3) STEWARDSHIP PAYMENTS.— Section 1240M(e) of the Food Security Act of ‘‘(A) IN GENERAL.—The Secretary shall pro- conservation approaches. ‘‘(B) LENGTH OF INCENTIVES.—An agreement 1985 (16 U.S.C. 3839bb(e)) is amended by striking vide payments to producers through contracts ‘‘2018’’ and inserting ‘‘2023’’. entered into under paragraph (2) for— entered into under subparagraph (A) shall be ‘‘(i) adopting and installing stewardship prac- for a period determined by the Secretary that SEC. 2402. GRASSROOTS SOURCE WATER PROTEC- TION PROGRAM. tices; and is— (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- ‘‘(ii) managing, maintaining, and improving ‘‘(i) not less than 3 years; and tion 1240O(b)(1) of the Food Security Act of 1985 the stewardship practices for the duration of the ‘‘(ii) if appropriate, more than 3 years, includ- (16 U.S.C. 3839bb–2(b)(1)) is amended by striking contract, as determined appropriate by the Sec- ing if such a period is appropriate to support— ‘‘2018’’ and inserting ‘‘2023’’. retary. ‘‘(I) adaptive management over multiple crop years; and (b) AVAILABILITY OF FUNDS.—Section 1240O(b) ‘‘(B) PAYMENT AMOUNTS.—In determining the ‘‘(II) adequate data collection and analysis to of the Food Security Act of 1985 (16 U.S.C. amount of payments under subparagraph (A), report the natural resource and agricultural 3839bb–2(b)) is amended by adding at the end the Secretary shall consider, to the extent prac- production benefits of the new or innovative the following: ticable— ‘‘(3) ADDITIONAL FUNDING.—In addition to ‘‘(i) the level and extent of the stewardship conservation approaches. ‘‘(3) FLEXIBLE ADOPTION.—A producer or eli- any other funds made available under this sub- practice to be installed, adopted, completed, gible entity participating in an on-farm con- section, of the funds of the Commodity Credit maintained, managed, or improved; servation innovation trial under paragraph (1) Corporation, the Secretary shall use $5,000,000 ‘‘(ii) the cost of the installation, adoption, may determine the scale of adoption of the new beginning in fiscal year 2019, to remain avail- completion, management, maintenance, or im- or innovative conservation approaches in the able until expended.’’. provement of the stewardship practice; on-farm conservation innovation trial, which ‘‘(iii) income foregone by the producer; and SEC. 2403. VOLUNTARY PUBLIC ACCESS AND may include multiple scales on an operation, in- HABITAT INCENTIVE PROGRAM. ‘‘(iv) the extent to which compensation would cluding whole farm, field-level, or sub-field Section 1240R(f)(1) of the Food Security Act of ensure long-term continued maintenance, man- scales. 1985 (16 U.S.C. 3839bb–5(f)(1)) is amended— agement, and improvement of the stewardship ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary (1) by striking ‘‘2012 and’’ and inserting practice. shall provide technical assistance— ‘‘2012,’’; and ‘‘(C) LIMITATION.—The total amount of pay- ‘‘(A) to a producer or eligible entity partici- (2) by inserting ‘‘, and $50,000,000 for the pe- ments a person or legal entity receives pursuant pating in an on-farm conservation innovation riod of fiscal years 2019 through 2023’’ before the to subparagraph (A) shall not exceed $50,000 for trial under paragraph (1), with respect to the period at the end. any fiscal year. design, installation, and management of the SEC. 2404. WATERSHED PROTECTION AND FLOOD ESERVATION OF FUNDS ‘‘(4) R .—The Secretary new or innovative conservation approaches; and PREVENTION. may use not more than 50 percent of the funds ‘‘(B) to an eligible entity participating in an (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- made available under section 1241 to carry out on-farm conservation innovation trial under tion 14(h)(2)(E) of the Watershed Protection and this chapter for payments made pursuant to this paragraph (1), with respect to data analyses of Flood Prevention Act (16 U.S.C. 1012(h)(2)(E)) is subsection.’’. the on-farm conservation innovation trial. amended by striking ‘‘2018’’ and inserting SEC. 2303. LIMITATION ON PAYMENTS. ‘‘(5) DEFINITIONS.—In this subsection: ‘‘2023’’. Section 1240G of the Food Security Act of 1985 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible en- (b) FUNDS OF COMMODITY CREDIT CORPORA- (16 U.S.C. 3839aa–7) is amended by inserting ‘‘or tity’ means a third-party private entity the pri- TION.—The Watershed Protection and Flood the period of fiscal years 2019 through 2023,’’ mary business of which is related to agriculture. Prevention Act (16 U.S.C. 1001 et seq.) is amend- after ‘‘2018,’’. ‘‘(B) NEW OR INNOVATIVE CONSERVATION AP- ed by adding at the end the following: SEC. 2304. CONSERVATION INNOVATION GRANTS PROACHES.—The term ‘new or innovative con- ‘‘SEC. 15. FUNDING. AND PAYMENTS. servation approaches’ means— ‘‘In addition to any other funds made avail- ‘‘(i) new or innovative— (a) COMPETITIVE GRANTS FOR INNOVATIVE able by this Act, of the funds of the Commodity ‘‘(I) precision agriculture technologies; CONSERVATION APPROACHES.—Section 1240H(a) Credit Corporation, the Secretary shall make ‘‘(II) enhanced nutrient management plans, of the Food Security Act of 1985 (16 U.S.C. available to carry out this Act $100,000,000 for nutrient recovery systems, and fertilization sys- 3839aa–8(a)) is amended— each of fiscal years 2019 through 2023, to remain tems; (1) in paragraph (1), by inserting ‘‘use not available until expended.’’. more than $25,000,000 in each of fiscal years 2019 ‘‘(III) soil health management systems; ‘‘(IV) water management systems; SEC. 2405. FERAL SWINE ERADICATION AND CON- through 2023 to’’ after ‘‘the Secretary may’’; ‘‘(V) resource-conserving crop rotations; TROL PILOT PROGRAM. and ‘‘(VI) cover crops; and (a) IN GENERAL.—The Secretary of Agriculture (2) in paragraph (2)(A), by inserting ‘‘or per- ‘‘(VII) irrigation systems; and shall establish a feral swine eradication and sons participating in an educational activity ‘‘(ii) any other conservation approach ap- control pilot program to respond to the threat through an institution of higher education, in- proved by the Secretary as new or innovative. feral swine pose to agriculture, native eco- cluding by carrying out demonstration projects ‘‘(d) REPORTING AND DATABASE.— systems, and human and animal health. on lands of the institution’’ before the semicolon ‘‘(1) REPORT REQUIRED.—Not later than De- (b) DUTIES OF THE SECRETARY.—In carrying at the end. cember 31, 2014, and every two years thereafter, out the pilot program, the Secretary shall— (b) AIR QUALITY CONCERNS FROM AGRICUL- the Secretary shall submit to the Committee on (1) study and assess the nature and extent of TURAL OPERATIONS.—Section 1240H(b)(2) of the Agriculture, Nutrition, and Forestry of the Sen- damage to the pilot areas caused by feral swine; Food Security Act of 1985 (16 U.S.C. 3839aa– ate and the Committee on Agriculture of the (2) develop methods to eradicate or control 8(b)(2)) is amended by inserting ‘‘, and House of Representatives a report on the status feral swine in the pilot areas; $37,500,000 for each of fiscal years 2019 through of activities funded under this section, includ- (3) develop methods to restore damage caused 2023’’ after ‘‘2018’’. ing— by feral swine; and (c) ON-FARM CONSERVATION INNOVATION ‘‘(A) funding awarded; (4) provide financial assistance to agricultural TRIALS; REPORTING AND DATABASE.—Section ‘‘(B) results of the activities; and producers in pilot areas. 1240H of the Food Security Act of 1985 (16 ‘‘(C) incorporation of findings from the activi- (c) ASSISTANCE.—The Secretary may provide U.S.C. 3839aa–8) is amended by striking sub- ties, such as new technology and innovative ap- financial assistance to agricultural producers section (c) and inserting the following: proaches, into the conservation efforts imple- under the pilot program to implement methods ‘‘(c) ON-FARM CONSERVATION INNOVATION mented by the Secretary. to— TRIALS.— ‘‘(2) CONSERVATION PRACTICE DATABASE.— (1) eradicate or control feral swine in the pilot ‘‘(1) IN GENERAL.—Using not more than ‘‘(A) IN GENERAL.—The Secretary shall use the areas; and $25,000,000 of the funds made available to carry data reported under paragraph (1) to establish (2) restore damage caused by feral swine. out this chapter in each of fiscal years 2019 and maintain a publicly available conservation (d) COORDINATION.—The Secretary shall en- through 2023, the Secretary shall carry out on- practice database that provides— sure that the Natural Resources Conservation

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00094 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4075 Service and the Animal and Plant Health In- disadvantaged, or beginning farmer or rancher (1) in paragraph (1), by striking ‘‘2018 to carry spection Service coordinate for purposes of this payment under section 401 and 402 shall not ex- out the environmental quality incentives pro- section through State technical committees es- ceed 90 percent of the total allowable cost, as gram and the acres made available for each of tablished under section 1261 of the Food Secu- determined by the Secretary. such fiscal years to carry out the conservation rity Act of 1985. ‘‘(c) LIMITATION.—In no case shall the total stewardship program’’ and inserting ‘‘2023 to (e) PILOT AREAS.—The Secretary shall carry payment under section 401 and 402 for a single carry out the environmental quality incentives out the pilot program in areas of States in event exceed 50 percent of what the Secretary program’’; and which feral swine have been identified as a has determined to be the agriculture value of (2) by striking paragraph (3) and redesig- threat to agriculture, native ecosystems, or the land.’’. nating paragraph (4) as paragraph (3). human or animal health, as determined by the Subtitle E—Funding and Administration (f) REPORT ON PROGRAM ENROLLMENTS AND Secretary. ASSISTANCE.—Section 1241(h) of the Food Secu- SEC. 2501. COMMODITY CREDIT CORPORATION. (f) COST SHARING.— rity Act of 1985 (as redesignated by subsection (1) FEDERAL SHARE.—The Federal share of the (a) ANNUAL FUNDING.—Section 1241(a) of the (d) of this section) is amended to read as fol- costs activities under the pilot program may not Food Security Act of 1985 (16 U.S.C. 3841(a)) is lows: amended— exceed 75 percent of the total costs of such ac- ‘‘(h) REPORT ON PROGRAM ENROLLMENTS AND (1) in the matter preceding paragraph (1), by tivities. ASSISTANCE.—Not later than December 15 of striking ‘‘2018 (and fiscal year 2019 in the case (2) IN-KIND CONTRIBUTIONS.—The non-Federal each of calendar years 2018 through 2023, the of the program specified in paragraph (5))’’ and share of the costs of activities under the pilot Secretary shall submit to the Committee on Agri- inserting ‘‘2023’’; program may be provided in the form of in-kind culture of the House of Representatives and the (2) in paragraph (1), by striking ‘‘2018’’ each contributions of materials or services. Committee on Agriculture, Nutrition, and For- place it appears and inserting ‘‘2023’’; (g) FUNDING.— estry of the Senate an annual report containing (3) in paragraph (2)— (1) MANDATORY FUNDING.—Of the funds of the statistics by State related to enrollments in con- (A) in subparagraph (D), by striking ‘‘and’’ at Commodity Credit Corporation, the Secretary servation programs under this subtitle, as fol- the end; shall use to carry out this section $100,000,000 lows: (B) in subparagraph (E), by striking the pe- for the period of fiscal years 2019 through 2023. ‘‘(1) The annual and current cumulative ac- riod at the end and inserting ‘‘; and’’; and (2) DISTRIBUTION OF FUNDS.—Of the funds tivity reflecting active agreement and contract (C) by adding at the end the following: made available under paragraph (1)— enrollment statistics. (A) 50 percent shall be allocated to the Nat- ‘‘(F) $500,000,000 for each of fiscal years 2019 ‘‘(2) Secretarial exceptions, waivers, and sig- ural Resources Conservation Service to carry through 2023.’’; nificant payments, including— out the pilot program, including the provision of (4) by striking paragraph (3) and redesig- ‘‘(A) payments made under the agricultural financial assistance to producers for on-farm nating paragraphs (4) and (5) as paragraphs (3) conservation easement program for easements trapping and technology related to capturing and (4), respectively; valued at $250,000 or greater; and confining feral swine; and (5) in paragraph (3) (as so redesignated), by ‘‘(B) payments made under the regional con- (B) 50 percent shall be allocated to the Animal inserting ‘‘, as in effect on the day before the servation partnership program subject to the and Plant Health Inspection Service to carry date of enactment of the Agriculture and Nutri- waiver of adjusted gross income limitations pur- out the pilot program, including the use of es- tion Act of 2018, using such sums as are nec- suant to section 1271C(c)(3); tablished, and testing of innovative, population essary to administer contracts entered into be- ‘‘(C) waivers granted by the Secretary under reduction methods. fore the earlier of September 30, 2018, or such section 1001D(b)(3) of this Act; (3) LIMITATION ON ADMINISTRATIVE EX- date of enactment’’ before the period at the end; ‘‘(D) exceptions and activity associated with PENSES.—Not more than 10 percent of funds and section 1240B(h)(2); and made available under this section may be used (6) in paragraph (4) (as so redesignated)— for administrative expenses of the pilot program. (A) in subparagraph (D), by striking ‘‘and’’ at ‘‘(E) exceptions provided by the Secretary under section 1265B(b)(2)(C).’’. SEC. 2406. EMERGENCY CONSERVATION PRO- the end; GRAM. (B) in subparagraph (E), by striking ‘‘each of SEC. 2502. DELIVERY OF TECHNICAL ASSISTANCE. (a) REPAIR OR REPLACEMENT OF FENCING.— fiscal years 2018 through 2019.’’ and inserting (a) DEFINITIONS.—Section 1242(a) of the Food (1) IN GENERAL.—Section 401 of the Agricul- ‘‘fiscal year 2018;’’; and Security Act of 1985 (16 U.S.C. 3842(a)) is tural Credit Act of 1978 (16 U.S.C. 2201) is (C) by adding at the end the following: amended to read as follows: amended— ‘‘(F) $2,000,000,000 for fiscal year 2019; ‘‘(a) DEFINITIONS.—In this section: (A) by striking the section designation and all ‘‘(G) $2,500,000,000 for fiscal year 2020; ‘‘(1) ELIGIBLE PARTICIPANT.—The term ‘eligi- that follows through ‘‘The Secretary of Agri- ‘‘(H) $2,750,000,000 for fiscal year 2021; ble participant’ means a producer, landowner, culture’’ and inserting the following: ‘‘(I) $2,935,000,000 for fiscal year 2022; and or entity that is participating in, or seeking to ‘‘SEC. 401. PAYMENTS TO PRODUCERS. ‘‘(J) $3,000,000,000 for fiscal year 2023.’’. participate in, programs in which the producer, ‘‘(a) IN GENERAL.—The Secretary of Agri- (b) AVAILABILITY OF FUNDS.—Section 1241(b) landowner, or entity is otherwise eligible to par- culture (referred to in this title as the ‘Sec- of the Food Security Act of 1985 (16 U.S.C. ticipate under this title. retary’)’’; 3841(b)) is amended by striking ‘‘2018 (and fiscal ‘‘(2) THIRD-PARTY PROVIDER.—The term (B) in subsection (a), as so designated, by in- year 2019 in the case of the program specified in ‘third-party provider’ means a commercial entity serting ‘‘wildfires,’’ after ‘‘hurricanes,’’; and subsection (a)(5))’’ and inserting ‘‘2023’’. (including a farmer cooperative, agriculture re- (C) by adding at the end the following: (c) TECHNICAL ASSISTANCE.—Section 1241(c) of tailer, or other commercial entity (as defined by ‘‘(b) REPAIR OR REPLACEMENT OF FENCING.— the Food Security Act of 1985 (16 U.S.C. 3841(c)) the Secretary)), a nonprofit entity, a State or With respect to a payment to an agricultural is amended— local government (including a conservation dis- producer under subsection (a) for the repair or (1) by amending paragraph (2) to read as fol- trict), or a Federal agency, that has expertise in replacement of fencing, the Secretary shall give lows: the technical aspect of conservation planning, the agricultural producer the option of receiving ‘‘(2) PRIORITY.—In the delivery of technical including nutrient management planning, wa- the payment, determined based on the applica- assistance under the Soil Conservation and Do- tershed planning, or environmental engineer- ble percentage of the fair market value of the mestic Allotment Act (16 U.S.C. 590a et seq.), the ing.’’. cost of the repair or replacement, as determined Secretary shall give priority to producers who (b) CERTIFICATION OF THIRD-PARTY PRO- by the Secretary, before the agricultural pro- request technical assistance from the Secretary VIDERS.—Section 1242(e) of the Food Security ducer carries out the repair or replacement.’’. in order to comply for the first time with the re- Act of 1985 (16 U.S.C. 3842(e)) is amended by (2) CONFORMING AMENDMENTS.— quirements of subtitle B and subtitle C of this adding at the end the following: (A) Sections 402, 403, 404, and 405 of the Agri- title as a result of the amendments made by sec- ‘‘(4) ALTERNATIVE CERTIFICATION.— cultural Credit Act of 1978 (16 U.S.C. 2202, 2203, tion 2611 of the Agricultural Act of 2014.’’; and ‘‘(A) IN GENERAL.—In carrying out this sub- 2204, 2205) are amended by striking ‘‘Secretary (2) by striking paragraph (3) and redesig- section, the Secretary shall approve any quali- of Agriculture’’ each place it appears and in- nating paragraph (4) as paragraph (3). fied certification that the Secretary determines serting ‘‘Secretary’’. (d) REGIONAL EQUITY.— meets or exceeds the national criteria provided (B) Section 407(a) of the Agricultural Credit (1) IN GENERAL.—Section 1241 of the Food Se- under paragraph (3)(B). Act of 1978 (16 U.S.C. 2206(a)) is amended by curity Act of 1985 (16 U.S.C. 3841) is amended by ‘‘(B) QUALIFIED CERTIFICATION.—In this para- striking paragraph (4). striking subsection (e) and redesignating sub- graph, the term ‘qualified certification’ means a (b) COST SHARE PAYMENTS.—Title IV of the sections (f) through (i) as subsections (e) professional certification that is established by Agricultural Credit Act of 1978 (16 U.S.C. 2201 et through (h), respectively. the Secretary, an agriculture retailer, a farmer seq.) is amended by inserting after section 402 (2) CONFORMING AMENDMENTS.—Section cooperative, the American Society of Agronomy, the following: 1221(c) of the Food Security Act of 1985 (16 or the National Alliance of Independent Crop ‘‘SEC. 402A. COST SHARE REQUIREMENT. U.S.C. 3821(c)) is amended by striking ‘‘1241(f)’’ Consultants, including certification— ‘‘(a) COST-SHARE RATE.—The maximum cost- and inserting ‘‘1241(e)’’ each place it appears. ‘‘(i) as a Certified Crop Advisor by the Amer- share payment under section 401 and section 402 (e) RESERVATION OF FUNDS TO PROVIDE AS- ican Society of Agronomy; shall not exceed 75 percent of the total allowable SISTANCE TO CERTAIN FARMERS OR RANCHERS ‘‘(ii) as a Certified Professional Agronomist by cost, as determined by the Secretary. FOR CONSERVATION ACCESS.—Section 1241(g) of the American Society of Agronomy; and ‘‘(b) EXCEPTION.—Not withstanding sub- the Food Security Act of 1985 (as redesignated ‘‘(iii) as a Comprehensive Nutrient Manage- section (a), a qualified limited resource, socially by subsection (d) of this section) is amended— ment Plan Specialist by the Secretary.’’.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00095 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4076 CONGRESSIONAL RECORD — HOUSE May 16, 2018 SEC. 2503. ADMINISTRATIVE REQUIREMENTS FOR with the Secretary of the Interior at the local under an agreement under this subsection, min- CONSERVATION PROGRAMS. level’’. eral development on land subject to the agricul- Section 1244 of the Food Security Act of 1985 (c) MONITORING REPORT.—Section 1265A of tural land easement, if the Secretary determines (16 U.S.C. 3844) is amended— the Food Security Act of 1985 (16 U.S.C. 3865a) that the mineral development— (1) by striking subsection (m); is amended by redesignating paragraphs (4) and ‘‘(i) has limited and localized effects; (2) by redesignating subsections (i) through (l) (5) as paragraphs (5) and (6), respectively, and ‘‘(ii) is not irremediably destructive of signifi- as subsections (j) through (m), respectively, and inserting after paragraph (3) the following: cant conservation interests; and inserting after subsection (h) the following: ‘‘(4) MONITORING REPORT.—The term ‘moni- ‘‘(iii) would not alter or affect the topography ‘‘(i) SOURCE WATER PROTECTION THROUGH toring report’ means a report, the contents of or landscape. TARGETING OF AGRICULTURAL PRACTICES.— which are formulated and prepared by the hold- ‘‘(G) ENVIRONMENTAL SERVICES MARKETS.— ‘‘(1) IN GENERAL.—In carrying out any con- er of an agricultural land easement, that docu- The Secretary may not prohibit, through an servation program administered by the Sec- ments whether the land subject to the agricul- agreement under this subsection, an owner of retary, the Secretary shall encourage practices tural land easement is in compliance with the land subject to the agricultural land easement that relate to water quality and water quantity terms and conditions of the agricultural land from participating in, and receiving compensa- that protect source waters for drinking water easement.’’. tion from, an environmental services market if a (including protecting against public health SEC. 2603. AGRICULTURAL LAND EASEMENTS. purpose of the market is the facilitation of addi- threats) while also benefitting agricultural pro- (a) AVAILABILITY OF ASSISTANCE.—Section tional conservation benefits that are consistent ducers. 1265B(a)(2) of the Food Security Act of 1985 (16 with the purposes of the program.’’. ‘‘(2) COLLABORATION WITH WATER SYSTEMS U.S.C. 3865b(a)(2)) is amended by striking ‘‘pro- (4) CERTIFICATION OF ELIGIBLE ENTITIES.—Sec- AND INCREASED INCENTIVES.—In encouraging vide for the conservation of natural resources tion 1265B(b)(5) of the Food Security Act of 1985 practices under paragraph (1), the Secretary pursuant to an agricultural land easement (16 U.S.C. 3865b(b)(5)) is amended— shall— plan’’ and inserting ‘‘implement the program’’. (A) in subparagraph (A)— ‘‘(A) work collaboratively with community (b) COST-SHARE ASSISTANCE.— (i) in clause (ii), by striking ‘‘; and’’ and in- water systems and State technical committees (1) SCOPE OF ASSISTANCE AVAILABLE.—Section serting a semicolon; established under section 1261 to identify, in 1265B(b)(2) of the Food Security Act of 1985 (16 (ii) in clause (iii), by striking the period at the each State, local priority areas for the protec- U.S.C. 3865b(b)(2)) is amended by striking sub- end and inserting ‘‘; and’’; and tion of source waters for drinking water; and (iii) by adding at the end the following: ‘‘(B) offer to producers increased incentives paragraphs (B) and (C) and inserting the following: ‘‘(iv) allow a certified eligible entity to use its and higher payment rates than are otherwise own terms and conditions, notwithstanding statutorily authorized through conservation ‘‘(B) NON-FEDERAL SHARE.—An eligible entity may use for any part of its share— paragraph (4)(C), as long as the terms and con- programs administered by the Secretary for ditions are consistent with the purposes of the practices that result in significant environ- ‘‘(i) a cash contribution; ‘‘(ii) a charitable donation or qualified con- program.’’; and mental benefits that the Secretary determines— (B) by amending subparagraph (B) to read as ‘‘(i) relate to water quality or water quantity; servation contribution (as defined by section 170(h) of the Internal Revenue Code of 1986) follows: and ‘‘(B) CERTIFICATION CRITERIA.—In order to be ‘‘(ii) occur primarily outside of the land on from the landowner from which the agricultural land easement will be purchased; or certified, an eligible entity shall demonstrate to which the practices are implemented. the Secretary that the entity— ‘‘(3) RESERVATION OF FUNDS.—In each of fis- ‘‘(iii) funding from a Federal source other than the Department of Agriculture. ‘‘(i) is a land trust that has— cal years 2019 through 2023, the Secretary shall ‘‘(I) been accredited by the Land Trust Ac- use, to carry out this subsection, not less than ‘‘(C) GRASSLANDS EXCEPTION.—In the case of grassland of special environmental significance, creditation Commission, or by an equivalent ac- 10 percent of any funds available with respect to crediting body (as determined by the Secretary); each conservation program administered by the as determined by the Secretary, the Secretary may provide an amount not to exceed 75 percent and Secretary under this title except the conserva- ‘‘(II) acquired not fewer than five agricultural tion reserve program.’’; and of the fair market value of the agricultural land easement.’’. land easements under the program; or (3) in subsection (m), as so redesignated, by ‘‘(ii) will maintain, at a minimum, for the du- (2) EVALUATION AND RANKING OF APPLICA- striking ‘‘the conservation stewardship program ration of the agreement— TIONS.—Section 1265B(b)(3) of the Food Security under subchapter B of chapter 2 of subtitle D ‘‘(I) a plan for administering easements that is Act of 1985 (16 U.S.C. 3865b(b)(3)) is amended by and’’. consistent with the purpose of the program; redesignating subparagraph (C) as subpara- SEC. 2504. ESTABLISHMENT OF STATE TECH- ‘‘(II) the capacity and resources to monitor graph (D) and inserting after subparagraph (B) NICAL COMMITTEES. and enforce agricultural land easements; and the following: Section 1261(c) of the Food Security Act of ‘‘(III) policies and procedures to ensure— ‘‘(C) ACCOUNTING FOR GEOGRAPHIC DIF- 1985 (16 U.S.C. 3861(c)) is amended by adding at ‘‘(aa) the long-term integrity of agricultural FERENCES.—The Secretary shall, in coordination the end the following: land easements on land subject to such ease- with State technical committees, adjust the cri- ‘‘(14) The State 1862 Institution (as defined in ments; teria established under subparagraph (A) to ac- section 2(1) of the Agricultural Research, Exten- ‘‘(bb) timely completion of acquisitions of such count for geographic differences among States, sion, and Education Reform Act of 1998).’’. easements; and if such adjustments— ‘‘(cc) timely and complete evaluation and re- Subtitle F—Agricultural Conservation ‘‘(i) meet the purposes of the program; and porting to the Secretary on the use of funds pro- Easement Program ‘‘(ii) continue to maximize the benefit of the vided under the program.’’. SEC. 2601. ESTABLISHMENT AND PURPOSES. Federal investment under the program.’’. (c) TECHNICAL ASSISTANCE.—Section 1265B(d) Section 1265(b) of the Food Security Act of (3) AGREEMENTS WITH ELIGIBLE ENTITIES.— of the Food Security Act of 1985 (16 U.S.C. 1985 (16 U.S.C. 3865(b)) is amended— Section 1265B(b)(4) of the Food Security Act of 3865b(d)) is amended to read as follows: (1) in paragraph (3), by inserting ‘‘that nega- 1985 (16 U.S.C. 3865b(b)(4)) is amended— ‘‘(d) TECHNICAL ASSISTANCE.—The Secretary tively affect the agricultural uses and conserva- (A) in subparagraph (C)— may provide technical assistance, if requested, tion values’’ after ‘‘that land’’; and (i) in clause (i), by inserting ‘‘and the agricul- to assist in compliance with the terms and con- (2) in paragraph (4), by striking ‘‘restoring tural use of the land that is subject to the agri- ditions of easements.’’. and’’ and inserting ‘‘restoring or’’. cultural land easement’’ after ‘‘the program’’; SEC. 2602. DEFINITIONS. and SEC. 2604. WETLAND RESERVE EASEMENTS. (a) AGRICULTURAL LAND EASEMENT.—Section (ii) by striking clauses (iii) and (iv) and in- Section 1265C(b)(5)(D)(i)(III) of the Food Se- 1265A(1)(B) of the Food Security Act of 1985 (16 serting the following: curity Act of 1985 (16 U.S.C. U.S.C. 3865a(1)(B)) is amended by striking ‘‘sub- ‘‘(iii) include a right of enforcement for the 3865c(b)(5)(D)(i)(III)) is amended by inserting ject to an agricultural land easement plan, as Secretary that— after ‘‘under subsection (f)’’ the following: ‘‘or a approved by the Secretary’’. ‘‘(I) may be used only if the terms and condi- grazing management plan that is consistent (b) ELIGIBLE LAND.—Section 1265A(3) of the tions of the easement are not enforced by the el- with the wetland reserve easement plan and has Food Security Act of 1985 (16 U.S.C. 3865a(3)) is igible entity; and been reviewed, and modified as necessary, at amended— ‘‘(II) does not extend to a right of inspection least every five years’’. (1) by amending subparagraph (A)(iii)(VI) to unless the holder of the easement fails to pro- SEC. 2605. ADMINISTRATION. read as follows: vide monitoring reports in a timely manner; (a) INELIGIBLE LAND.—Section 1265D(a)(4) of ‘‘(VI) nonindustrial private forest land that ‘‘(iv) include a conservation plan only for any the Food Security Act of 1985 (16 U.S.C. contributes to the economic viability of an of- portion of the land subject to the agricultural 3865d(a)(4)) is amended— fered parcel, or serves as a buffer to protect such land easement that is highly erodible cropland; (1) by striking ‘‘or off-site’’; and land from development, which may include up and’’; (2) by striking ‘‘proposed or’’ and inserting to 100 percent of the parcel if the Secretary de- (B) in subparagraph (E)(ii), by inserting ‘‘in ‘‘permitted or’’. termines enrolling the land is important to pro- the case of fraud or gross negligence,’’ before (b) SUBORDINATION, EXCHANGE, MODIFICA- tect a forest to provide significant conservation ‘‘the Secretary may require’’; and TION, AND TERMINATION.— benefits;’’; and (C) by adding at the end the following: (1) SUBORDINATION AND EXCHANGE.—Section (2) in subparagraph (B)(i)(II), by striking ‘‘, ‘‘(F) MINERAL DEVELOPMENT.—Upon request 1265D(c)(1) of the Food Security Act of 1985 (16 as determined by the Secretary in consultation by an eligible entity, the Secretary shall allow, U.S.C. 3865d(c)(1)) is amended—

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(A) in the paragraph heading, by striking ‘‘IN SEC. 2702. REGIONAL CONSERVATION PARTNER- SEC. 2706. CRITICAL CONSERVATION AREAS. GENERAL’’ and inserting ‘‘SUBORDINATION AND SHIPS. Section 1271F(c) of the Food Security Act of EXCHANGE’’; (a) LENGTH.—Section 1271B(b) of the Food Se- 1985 (16 U.S.C. 3871f(c)) is amended by striking (B) by striking ‘‘subordinate, exchange, mod- curity Act of 1985 (16 U.S.C. 3871b(b)) is amend- paragraph (3). ify, or terminate’’ each place it appears and ined to read as follows: Subtitle H—Repeals and Transitional serting ‘‘subordinate or exchange’’; and ‘‘(b) LENGTH.—A partnership agreement, in- Provisions; Technical Amendments (C) by striking ‘‘subordination, exchange, cluding a renewal of a partnership agreement under subsection (d)(5), shall be— SEC. 2801. REPEAL OF CONSERVATION SECURITY modification, or termination’’ each place it ap- AND CONSERVATION STEWARDSHIP pears and inserting ‘‘subordination or ex- ‘‘(1) for a period not to exceed 5 years, which PROGRAMS. period the Secretary may extend one time for up change’’. (a) REPEAL.—Except as provided in subsection (2) MODIFICATION; TERMINATION.—Section to 12 months; or (b), chapter 2 of subtitle D of title XII of the ‘‘(2) for a period that is longer than 5 years, 1265D(c) of the Food Security Act of 1985 (16 Food Security Act of 1985 (16 U.S.C. 3838d et if such longer period is necessary to meet the ob- U.S.C. 3865d(c)) is amended— seq.) is repealed. jectives of the program, as determined by the (A) by redesignating paragraphs (2) and (3) as (b) TRANSITIONAL PROVISIONS FOR CONSERVA- Secretary.’’. paragraphs (4) and (5), respectively; TION STEWARDSHIP PROGRAM.— (b) DUTIES OF PARTNERS.—Section (B) by inserting after paragraph (1) the fol- (1) EFFECT ON EXISTING CONTRACTS.—The 1271B(c)(1)(E) of the Food Security Act of 1985 lowing: amendment made by this section shall not affect (16 U.S.C. 3871b(c)(1)(E)) is amended by insert- ‘‘(2) MODIFICATION.— the validity or terms of any contract entered ing ‘‘, including quantification of the project’s ‘‘(A) AUTHORITY.—The Secretary may modify into by the Secretary of Agriculture under sub- environmental outcomes’’ before the semicolon. any interest in land, or portion of such interest, chapter B of chapter 2 of subtitle D of title XII (c) APPLICATIONS.—Section 1271B(d) of the of the Food Security Act of 1985 (16 U.S.C. 3838d administered by the Secretary, either directly or Food Security Act of 1985 (16 U.S.C. 3871b(d)) is on behalf of the Commodity Credit Corporation et seq.) before the date of enactment of this Act, amended— or any payments required to be made in connec- under the program if the modification— (1) in paragraph (1), by inserting ‘‘simplified’’ tion with the contract. ‘‘(i) has a neutral effect on, or increases, the before ‘‘competitive process to select’’; and (2) NO RENEWALS.—Notwithstanding para- conservation values; (2) by adding at the end the following: graph (1), the Secretary may not renew a con- ‘‘(ii) is consistent with the original intent of ‘‘(5) RENEWALS.—If a project that is the sub- tract described in such paragraph. the easement; and ject of a partnership agreement has met or ex- ‘‘(iii) is consistent with the purposes of the ceeded the objectives of the project, as deter- SEC. 2802. REPEAL OF TERMINAL LAKES ASSIST- ANCE. program. mined by the Secretary, the eligible partners Section 2507 of the Farm Security and Rural ‘‘(B) LIMITATION.—In modifying an interest in may submit, through an expedited program ap- Investment Act of 2002 (16 U.S.C. 3839bb–6) is re- land, or portion of such interest, under this plication process, an application to— pealed. paragraph, the Secretary may not increase any ‘‘(A) continue to implement the project under payment to an eligible entity. a renewal of the partnership agreement; or SEC. 2803. TECHNICAL AMENDMENTS. ‘‘(3) TERMINATION.—The Secretary may termi- ‘‘(B) expand the scope of the project under a (a) DELINEATION OF WETLANDS; EXEMP- nate any interest in land, or portion of such in- renewal of the partnership agreement.’’. TIONS.—Section 1222(j) of the Food Security Act terest, administered by the Secretary, either di- SEC. 2703. ASSISTANCE TO PRODUCERS. of 1985 (16 U.S.C. 3822(j)) is amended by striking rectly or on behalf of the Commodity Credit Cor- Section 1271C(c) of the Food Security Act of ‘‘National Resources Conservation Service’’ and poration under the program if— 1985 (16 U.S.C. 3871c(c)) is amended— inserting ‘‘Natural Resources Conservation ‘‘(A) the current owner of the land that is (1) in paragraph (2), in the matter preceding Service’’. subject to the easement and the holder of the subparagraph (A), by striking ‘‘a period of 5 (b) DELIVERY OF TECHNICAL ASSISTANCE.— easement agree to the termination; and years’’ and inserting ‘‘the applicable period Section 1242 of the Food Security Act of 1985 (16 ‘‘(B) the Secretary determines that the termi- under section 1271B(b)’’; and U.S.C. 3842) is amended by striking ‘‘third nation would be in the public interest.’’; and (2) in paragraph (3), by striking ‘‘the Sec- party’’ each place it appears and inserting (C) in paragraph (5) (as so redesignated), by retary may waive the applicability of the limita- ‘‘third-party’’. (c) ADMINISTRATIVE REQUIREMENTS FOR CON- striking ‘‘paragraph (1)’’ and inserting ‘‘para- tion in section 1001D(b)(2) of this Act for partici- SERVATION PROGRAMS.—Section 1244(b)(4)(B) of graph (3)’’. pating producers’’ and inserting ‘‘notwith- the Food Security Act of 1985 (16 U.S.C. (c) LANDOWNER ELIGIBILITY.—Section 1265D standing the requirements of paragraph (3) of 3844(b)(4)(B)) is amended by striking ‘‘General of the Food Security Act of 1985 (16 U.S.C. section 1001D(b), the Secretary may waive the Accounting Office’’ and inserting ‘‘General Ac- 3865d) is amended by adding at the end the fol- applicability of the limitation in paragraph (2) countability Office’’. lowing: of such section, and any limitation on the max- (d) WATERSHED PROTECTION AND FLOOD PRE- ‘‘(f) LANDOWNER ELIGIBILITY.—The limitation imum amount of payments related to the covered VENTION ACT.—Section 5(4) of the Watershed described in paragraph (1) of section 1001D(b) programs, for participating producers’’. Protection and Flood Prevention Act (16 U.S.C. shall not apply to a landowner from which an SEC. 2704. FUNDING. 1005(4)) is amended— easement under the program is to be purchased Section 1271D(a) of the Food Security Act of (1) by striking ‘‘goodwater’’ and inserting with respect to any benefit described in para- 1985 (16 U.S.C. 3871d(a)) is amended to read as ‘‘floodwater’’; and graph (2)(B) of such section related to the pur- follows: (2) by striking ‘‘Secretary of Health, Edu- chase of such easement.’’. ‘‘(a) AVAILABILITY OF FUNDS.—Of the funds cation, and Welfare’’ each place it appears and Subtitle G—Regional Conservation of the Commodity Credit Corporation, the Sec- inserting ‘‘Secretary of Health and Human Serv- Partnership Program retary shall use, to carry out the program— ices’’. ‘‘(1) $100,000,000 for each of fiscal years 2014 TITLE III—TRADE SEC. 2701. DEFINITIONS. through 2018; and (a) COVERED PROGRAM.—Section 1271A(1) of ‘‘(2) $250,000,000 for each of fiscal years 2019 Subtitle A—Food for Peace Act the Food Security Act of 1985 (16 U.S.C. through 2023.’’. SEC. 3001. FINDINGS. 3871a(1)) is amended— SEC. 2705. ADMINISTRATION. (a) FINDINGS.—Congress finds the following: (1) by striking subparagraph (C) and redesig- Section 1271E of the Food Security Act of 1985 (1) The United States has long been the nating subparagraph (D) as subparagraph (C); (16 U.S.C. 3871e) is amended— world’s largest donor of international food as- and (1) by redesignating subsection (b) as sub- sistance. (2) by adding at the end the following: section (c) and inserting after subsection (a) the (2) American farmers have been instrumental ‘‘(D) The conservation reserve program estab- following: in the success of United States international lished under subchapter B of chapter 1 of sub- ‘‘(b) GUIDANCE.—The Secretary shall provide food assistance programs by providing an af- title D. eligible partners and producers participating in fordable, safe, and reliable source of nutritious ‘‘(E) Programs provided for in the Watershed the partnership agreements with guidance on agricultural commodities. Protection and Flood Prevention Act (16 U.S.C. how to quantify and report on environmental (3) Through the efforts of the United States 1001 et seq.), other than section 14 of such Act outcomes associated with the adoption of con- maritime industry and private voluntary organi- (16 U.S.C. 1012).’’. servation practices under the program.’’; and zations, agricultural commodities grown in the (b) ELIGIBLE ACTIVITY.—Section 1271A(2) of (2) in subsection (c), as so redesignated— United States have been delivered to millions of the Food Security Act of 1985 (16 U.S.C. (A) in paragraph (3), by striking ‘‘; and’’ and people in need around the globe. 3871a(2)) is amended— inserting a semicolon; (4) The United States should continue to use (1) in subparagraph (B), by inserting ‘‘re- (B) in paragraph (4)(C), by striking the period its abundant agricultural productivity to pro- source-conserving crop rotations,’’ before ‘‘or and inserting ‘‘; and’’; and mote the foreign policy of the United States by dryland farming’’; and (C) by adding at the end the following: enhancing the food security of the developing (2) by redesignating subparagraphs (C) ‘‘(5) the progress that eligible partners and world through the timely provision of agricul- through (J) as subparagraphs (D) through (K), producers participating in the partnership tural commodities. respectively, and inserting after subparagraph agreements are making in quantifying and re- SEC. 3002. LABELING REQUIREMENTS. (B) the following: porting on environmental outcomes associated Subsection (g) of section 202 of the Food for ‘‘(C) Protection of source waters for drinking with the adoption of conservation practices Peace Act (7 U.S.C. 1722) is amended to read as water.’’. under the program.’’. follows:

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‘‘(g) LABELING OF ASSISTANCE.—Agricultural (1) in the first sentence, by inserting ‘‘, food ‘‘(ii) The actual rate of return for each com- commodities and other assistance provided procured outside of the United States, food modity made available under this Act, including under this title shall, to the extent practicable, vouchers, and cash transfers for food’’ after factors that influenced the rate of return, and, be clearly identified with appropriate markings ‘‘agricultural commodities’’; and for the commodity, the costs of bagging or fur- on the package or container of such commodities (2) in the second sentence, by striking ‘‘of ther processing, ocean transportation, inland and food procured outside of the United States, sales of agricultural commodities’’. transportation in the recipient country, storage or on printed material that accompanies other SEC. 3011. PREPOSITIONING OF AGRICULTURAL costs, and any other information that the Ad- assistance, in the language of the locality in COMMODITIES. ministrator and the Secretary determine to be which such commodities and other assistance Section 407(c)(4)(A) of the Food for Peace Act necessary. are distributed, as being furnished by the people (7 U.S.C. 1736a(c)(4)(A)) is amended by striking ‘‘(iii) For each instance in which a commodity of the United States of America.’’. ‘‘2018’’ each place it appears and inserting was made available under this Act at a rate of SEC. 3003. FOOD AID QUALITY ASSURANCE. ‘‘2023’’. return less than 70 percent, the reasons for the Section 202(h)(3) of the Food for Peace Act (7 SEC. 3012. ANNUAL REPORT REGARDING FOOD rate of return realized. U.S.C. 1722(h)(3)) is amended by striking ‘‘2018’’ AID PROGRAMS AND ACTIVITIES. ‘‘(I) For funds expended for the purposes of and inserting ‘‘2023’’. (a) IN GENERAL.—Section 407(f) of the Food section 202(e), 406(b)(6), and 407(c)(1)(B), a de- SEC. 3004. LOCAL SALE AND BARTER OF COMMOD- for Peace Act (7 U.S.C. 1736a(f)(1)) is amended tailed accounting of the expenditures and pur- ITIES. to read as follows: poses of such expenditures with respect to each Section 203 of the Food for Peace Act (7 ‘‘(f) ANNUAL REPORT REGARDING FOOD AID section. U.S.C. 1723) is amended— PROGRAMS AND ACTIVITIES.— ‘‘(3) RATE OF RETURN DESCRIBED.—For pur- (1) in subsection (a), by inserting ‘‘to generate ‘‘(1) IN GENERAL.—Not later than April 1 of poses of applying subparagraph (H), the rate of proceeds to be used as provided in this section’’ each fiscal year, the Administrator and the Sec- return for a commodity shall be equal to the before the period at the end; retary shall prepare, either jointly or separately, proportion that— (2) by striking subsection (b); and a report regarding each program and activity ‘‘(A) the proceeds the implementing partners (3) by redesignating subsections (c) and (d) as carried out under this Act during the prior fis- generate through monetization; bears to subsections (b) and (c), respectively. cal year. If the report for a fiscal year will not ‘‘(B) the cost to the Federal Government to SEC. 3005. MINIMUM LEVELS OF ASSISTANCE. be submitted to the appropriate committees of procure and ship the commodity to a recipient Section 204(a) of the Food for Peace Act (7 Congress by the date specified in this subpara- country for monetization.’’. U.S.C. 1724(a)) is amended in paragraphs (1) graph, the Administrator and the Secretary (b) CONFORMING REPEAL.—Subsection (m) of and (2) by striking ‘‘2018’’ both places it appears shall promptly notify such committees about the section 403 of the Food for Peace Act (7 U.S.C. and inserting ‘‘2023’’. delay, including the reasons for the delay, the 1733) is repealed. SEC. 3006. EXTENSION OF TERMINATION DATE OF steps being taken to complete the report, and an SEC. 3013. DEADLINE FOR AGREEMENTS TO FI- FOOD AID CONSULTATIVE GROUP. estimated submission date. NANCE SALES OR TO PROVIDE Section 205(f) of the Food for Peace Act (7 ‘‘(2) CONTENTS.—An annual report described OTHER ASSISTANCE. U.S.C. 1725(f)) is amended by striking ‘‘2018’’ in paragraph (1) shall include, with respect to Section 408 of the Food for Peace Act (7 and inserting ‘‘2023’’. the prior fiscal year, the following: U.S.C. 1736b) is amended by striking ‘‘2018’’ and SEC. 3007. ISSUANCE OF REGULATIONS. ‘‘(A) A list that contains a description of each inserting ‘‘2023’’. Section 207(c)(1) of the Food for Peace Act (7 country and organization that receives food and SEC. 3014. MINIMUM LEVEL OF NONEMERGENCY U.S.C. 1726a(c)(1)) is amended by striking ‘‘the other assistance under this Act (including the FOOD ASSISTANCE. Agricultural Act of 2014’’and inserting ‘‘the Ag- quantity of food and assistance provided to each Subsection (e) of section 412 of the Food for riculture and Nutrition Act of 2018’’. country and organization). Peace Act (7 U.S.C. 1736f) is amended to read as SEC. 3008. FUNDING FOR PROGRAM OVERSIGHT, ‘‘(B) A general description of each project and follows: MONITORING, AND EVALUATION. activity implemented under this Act (including ‘‘(e) MINIMUM LEVEL OF NONEMERGENCY Section 207(f)(4) of the Food for Peace Act (7 each activity funded through the use of local FOOD ASSISTANCE.— U.S.C. 1726a(f)(4)) is amended— currencies) and the total number of beneficiaries ‘‘(1) IN GENERAL.—For each of fiscal years (1) in subparagraph (A)— of the project. 2019 through 2023, not less than $365,000,000 of (A) by striking ‘‘$17,000,000’’ and inserting ‘‘(C) A statement describing the quantity of the amounts made available to carry out emer- ‘‘1.5 percent’’; and agricultural commodities made available to, and gency and nonemergency food assistance pro- (B) by striking ‘‘2014 through 2018’’ the first the total number of beneficiaries in, each coun- place it appears and inserting ‘‘2019 through grams under title II, nor more than 30 percent of try pursuant to— such amounts, shall be expended for non- 2023’’; and ‘‘(i) this Act; emergency food assistance programs under such (C) by striking ‘‘2018’’ the second place it ap- ‘‘(ii) section 416(b) of the Agricultural Act of title. pears and inserting ‘‘2023’’; and 1949 (7 U.S.C. 1431(b)); ‘‘(2) COMMUNITY DEVELOPMENT FUNDS.— (2) in subparagraph (B)— ‘‘(iii) the Food for Progress Act of 1985 (7 Funds appropriated each year to carry out part (A) in clause (i), by striking ‘‘2018’’ and in- U.S.C. 1736o); and serting ‘‘2023’’; and ‘‘(iv) the McGovern-Dole International Food I of the Foreign Assistance Act of 1961 (22 (B) in clause (ii), by striking ‘‘chapter 1 of for Education and Child Nutrition Program es- U.S.C. 2151 et seq.) that are made available part I of’’. tablished by section 3107 of the Farm Security through grants or cooperative agreements to SEC. 3009. ASSISTANCE FOR STOCKPILING AND and Rural Investment Act of 2002 (7 U.S.C. strengthen food security in developing countries RAPID TRANSPORTATION, DELIVERY, 1736o–1). and that are consistent with section 202(e)(1)(C) AND DISTRIBUTION OF SHELF-STA- ‘‘(D) An assessment of the progress made may be deemed to be expended on nonemergency BLE PREPACKAGED FOODS. through programs under this Act towards reduc- food assistance programs for purposes of this Section 208 the Food for Peace Act (7 U.S.C. ing food insecurity in the populations receiving section.’’. 1726b) is amended— SEC. 3015. TERMINATION DATE FOR MICRO- (1) by amending the section heading to read food assistance from the United States. ‘‘(E) A description of efforts undertaken by NUTRIENT FORTIFICATION PRO- as follows: ‘‘INTERNATIONAL FOOD RELIEF the Food Aid Consultative Group under section GRAMS. PARTNERSHIP’’; and 205 to achieve an integrated and effective food Section 415(c) of the Food for Peace Act (7 (2) in subsection (f), by striking ‘‘2018’’ and U.S.C. 1736g–2(c)) is amended by striking ‘‘2018’’ inserting ‘‘2023’’. assistance program. ‘‘(F) An assessment of— and inserting ‘‘2023’’. SEC. 3010. CONSIDERATION OF IMPACT OF PROVI- ‘‘(i) each program oversight, monitoring, and SEC. 3016. JOHN OGONOWSKI AND DOUG BEREU- SION OF AGRICULTURAL COMMOD- TER FARMER-TO-FARMER PROGRAM. ITIES AND OTHER ASSISTANCE ON evaluation system implemented under section LOCAL FARMERS AND ECONOMY. 207(f); and (a) CLARIFICATION OF NATURE OF ASSIST- (a) INCLUSION OF ALL MODALITIES.—Section ‘‘(ii) the impact of each program oversight, ANCE.—Section 501(b)(1) of the Food for Peace 403(a) of the Food for Peace Act (7 U.S.C. monitoring, and evaluation system on the effec- Act (7 U.S.C. 1737(b)(1)) is amended by inserting 1733(a)) is amended— tiveness and efficiency of assistance provided ‘‘technical’’ before ‘‘assistance’’. (1) in the matter preceding paragraph (1), by under this title. (b) ELIGIBLE PARTICIPANTS.—Section 501(b)(2) inserting ‘‘, food procured outside of the United ‘‘(G) An assessment of the progress made by of the Food for Peace Act (7 U.S.C. 1737(b)(2)) is States, food voucher, or cash transfer for food,’’ the Administrator in addressing issues relating amended by inserting ‘‘retired extension staff of after ‘‘agricultural commodity’’; to quality with respect to the provision of food the Department of Agriculture,’’ after ‘‘private (2) in paragraph (1), by inserting ‘‘in the case assistance. corporations,’’. of the provision of an agricultural commodity,’’ ‘‘(H) A statement of the amount of funds (in- (c) ADDITIONAL PURPOSE.—Section 501(b) of before ‘‘adequate’’; and cluding funds for administrative costs, indirect the Food for Peace Act (7 U.S.C. 1737(b)) is (3) in paragraph (2), by striking ‘‘commodity’’ cost recovery, internal transportation, storage amended— and inserting ‘‘agricultural commodity or use of and handling, and associated distribution costs) (1) by striking ‘‘and’’ at the end of paragraph the food procured outside of the United States, provided to each eligible organization that re- (5); food vouchers, or cash transfers for food’’. ceived assistance under this Act, that further (2) by redesignating paragraph (6) as para- (b) AVOIDANCE OF DISRUPTIVE IMPACT.—Sec- describes the following: graph (7); and tion 403(b) of the Food for Peace Act (7 U.S.C. ‘‘(i) How such funds were used by the eligible (3) by inserting after paragraph (5) the fol- 1733(b)) is amended— organization. lowing new paragraph:

VerDate Sep 11 2014 07:14 May 17, 2018 Jkt 079060 PO 00000 Frm 00098 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4079 ‘‘(6) foster appropriate investments in institu- funds of, or commodities owned by, the Com- ‘‘(iv) the Secretary determines that termi- tional capacity-building and allow longer-term modity Credit Corporation, as determined ap- nation of assistance in a particular instance is and sequenced assignments and partnerships to propriate by the Secretary. in the best interests of the program. provide deeper engagement and greater con- ‘‘(3) PARTICIPATION REQUIREMENTS.— ‘‘(C) EVALUATIONS.—Beginning not later than tinuity on such projects; and’’. ‘‘(A) MARKETING PLAN AND OTHER REQUIRE- 15 months after the initial provision of assist- (d) MINIMUM FUNDING.—Subsection (d) of sec- MENTS.—To be eligible for cost-share assistance ance under this subsection to an eligible trade tion 501 of the Food for Peace Act (7 U.S.C. under this subsection, an eligible trade organi- organization, the Secretary shall monitor the ex- 1737) is amended to read as follows: zation shall— penditures by the eligible trade organization of ‘‘(d) MINIMUM FUNDING.— ‘‘(i) prepare and submit a marketing plan to such assistance, including the following: ‘‘(1) IN GENERAL.—Notwithstanding any other the Secretary that meets the guidelines gov- ‘‘(i) An evaluation of the effectiveness of the provision of law, in addition to any funds that erning such a marketing plan specified in this marketing plan of the eligible trade organization may be specifically appropriated to carry out paragraph or otherwise established by the Sec- in developing or maintaining markets for United this section, not less than the greater of retary; States agricultural commodities. $15,000,000 or 0.6 percent of the amounts made ‘‘(ii) meet any other requirements established ‘‘(ii) An evaluation of whether assistance pro- available for each of fiscal years 2014 through by the Secretary; and vided under this subsection is necessary to 2023, to carry out this Act shall be used to carry ‘‘(iii) enter into an agreement with the Sec- maintain such markets. out programs under this section, of which— retary. ‘‘(iii) A thorough accounting of the expendi- ‘‘(A) not less than 0.2 percent to be used for ‘‘(B) PURPOSE OF MARKETING PLAN.—A mar- ture by the eligible trade organization of the as- programs in developing countries; and keting plan submitted under this paragraph sistance provided under this subsection. ‘‘(B) not less than 0.1 percent to be used for shall describe the advertising or other market ‘‘(6) RESTRICTIONS ON USE OF FUNDS.—Assist- programs in sub-Saharan African and Carib- oriented export promotion activities to be carried ance provided under this subsection to an eligi- bean Basin countries. out by the eligible trade organization with re- ble trade organization shall not be used— ‘‘(2) TREATMENT OF EXPENDITURES.—Funds spect to which assistance under this subsection ‘‘(A) to provide direct assistance to any for- used to carry out programs under this section is being requested. eign for-profit corporation for the corporation’s ‘‘(C) SPECIFIC ELEMENTS.—To be approved by shall be counted towards the minimum level of use in promoting foreign-produced products; or the Secretary, a marketing plan submitted under nonemergency food assistance specified in sec- ‘‘(B) to provide direct assistance to any for- this paragraph shall— tion 412(e).’’. profit corporation that is not recognized as a ‘‘(i) specifically describe the manner in which (e) AUTHORIZATION OF APPROPRIATIONS.—Sec- small business concern, excluding a cooperative, assistance received by the eligible trade organi- tion 501(e)(1) of the Food for Peace Act (7 U.S.C. an association described in the first section of zation, in conjunction with funds and services 1737(e)(1)) is amended in by striking ‘‘2018’’ and the Act entitled ‘An Act To authorize associa- provided by the eligible trade organization, will inserting ‘‘2023’’. tion of producers of agricultural products’, ap- be expended in implementing the marketing Subtitle B—Agricultural Trade Act of 1978 proved February 18, 1922 (7 U.S.C. 291), or a plan; nonprofit trade association. SEC. 3101. FINDINGS. ‘‘(ii) establish specific market goals to be ‘‘(7) PERMISSIVE USE OF FUNDS.—Assistance achieved under the marketing plan; and Congress finds the following: provided under this subsection to a United (1) United States export development programs ‘‘(iii) contain whatever additional requirements are determined by the Secretary to be nec- States agricultural trade association, coopera- significantly increase demand for United States tive, or small business may be used for indi- agriculture products within foreign markets, essary. ‘‘(D) BRANDED PROMOTION.—A marketing vidual branded promotional activity related to a boosting agricultural export volume and overall United States branded product, if the bene- farm income, and generating a net return of $28 plan approved by the Secretary may provide for the use of branded advertising to promote the ficiaries of the activity have provided funds for in added export revenue for each invested pro- the activity in an amount that is at least equiv- gram dollar. sale of United States agricultural commodities in a foreign country under such terms and condi- alent to the amount of assistance provided (2) Our global competitors provide substan- under this subsection. tially more public support for export promotion tions as may be established by the Secretary. ‘‘(E) AMENDMENTS.—An approved marketing ‘‘(8) PROGRAM CONSIDERATIONS AND PRIOR- than is provided to United States agricultural ITIES.—In providing assistance under this sub- exporters. The Market Access Program and For- plan may be amended by the eligible trade organization at any time, subject to the approval by section, the Secretary, to the maximum extent eign Market Development Program receive com- practicable, shall— bined annual funding of approximately the Secretary of the amendments. ‘‘(4) LEVEL OF ASSISTANCE AND COST-SHARE RE- ‘‘(A) give equal consideration to— $234,500,000. In comparison, the European QUIREMENTS.— ‘‘(i) proposals submitted by organizations that Union allocates $255,000,000 annually for the ‘‘(A) IN GENERAL.—The Secretary shall justify were participating organizations in prior fiscal international promotion of wine alone. in writing the level of assistance to be provided years; and (3) The preservation and streamlining of to an eligible trade organization under this sub- ‘‘(ii) proposals submitted by eligible trade or- United States export market development pro- section and the level of cost sharing required of ganizations that have not previously partici- grams complements the recent reorganization the organization. pated in the program established under this within the Department of Agriculture by ensur- ‘‘(B) LIMITATION ON BRANDED PROMOTION.— title; ing the newly established Under Secretary for Assistance provided under this subsection for ‘‘(B) give equal consideration to— Trade and Foreign Agricultural Affairs has the activities described in paragraph (3)(D) shall ‘‘(i) proposals submitted for activities in tools necessary to enhance the competitiveness not exceed 50 percent of the cost of imple- emerging markets; and of the United States agricultural industry on menting the marketing plan, except that the ‘‘(ii) proposals submitted for activities in mar- the global stage. Secretary may determine not to apply such limi- kets other than emerging markets. SEC. 3102. CONSOLIDATION OF CURRENT PRO- tation in the case of United States agricultural ‘‘(9) PRIORITY.—In providing assistance for GRAMS AS NEW INTERNATIONAL commodities with respect to which there has branded promotion, the Secretary should give MARKET DEVELOPMENT PROGRAM. been a favorable decision by the United States priority to small-sized entities. (a) INTERNATIONAL MARKET DEVELOPMENT Trade Representative under section 301 of the ‘‘(10) CONTRIBUTION LEVEL.— PROGRAM.—Section 205 of the Agricultural Trade Act of 1974 (19 U.S.C. 2411). Criteria used ‘‘(A) IN GENERAL.—The Secretary should re- Trade Act of 1978 (7 U.S.C. 5625) is amended to by the Secretary for determining that the limita- quire a minimum contribution level of 10 percent read as follows: tion shall not apply shall be consistent and doc- from an eligible trade organization that receives ‘‘SEC. 205. INTERNATIONAL MARKET DEVELOP- umented. assistance for nonbranded promotion. MENT PROGRAM. ‘‘(5) OTHER TERMS AND CONDITIONS.— ‘‘(B) INCREASES IN CONTRIBUTION LEVEL.—The ‘‘(a) PROGRAM REQUIRED.—The Secretary and ‘‘(A) MULTI-YEAR BASIS.—The Secretary may Secretary may increase the contribution level in the Commodity Credit Corporation shall estab- provide assistance under this subsection on a any subsequent year that an eligible trade orga- lish and carry out a program, to be known as multi-year basis, subject to annual review by nization receives assistance for nonbranded pro- the ‘International Market Development Pro- the Secretary for compliance with the approved motion. gram’, to encourage the development, mainte- marketing plan. ‘‘(11) ADDITIONALITY.—The Secretary should nance, and expansion of commercial export mar- ‘‘(B) TERMINATION OF ASSISTANCE.—The Sec- require each participant in the program to cer- kets for United States agricultural commodities. retary may terminate any assistance made, or to tify that any Federal funds received supple- ‘‘(b) MARKET ACCESS PROGRAM COMPONENT.— be made, available under this subsection if the ment, but do not supplant, private or third ‘‘(1) IN GENERAL.—As one of the components Secretary determines that— party participant funds or other contributions of the International Market Development Pro- ‘‘(i) the eligible trade organization is not ad- to program activities. gram, the Commodity Credit Corporation shall hering to the terms and conditions applicable to ‘‘(12) INDEPENDENT AUDITS.—If as a result of carry out a program to encourage the develop- the provision of the assistance; an evaluation or audit of activities of a partici- ment, maintenance, and expansion of commer- ‘‘(ii) the eligible trade organization is not im- pant under the program, the Secretary deter- cial export markets for United States agricul- plementing the approved marketing plan or is mines that a further review is justified in order tural commodities through cost-share assistance not adequately meeting the established goals of to ensure compliance with the requirements of to eligible trade organizations that implement a the plan; the program, the Secretary should require the foreign market development program. ‘‘(iii) the eligible trade organization is not participant to contract for an independent audit ‘‘(2) TYPES OF ASSISTANCE.—Assistance under adequately contributing its own resources to the of the program activities, including activities of this subsection may be provided in the form of implementation of the plan; or any subcontractor.

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‘‘(13) TOBACCO.—No funds made available ‘‘(iii) to identify and carry out specific oppor- ‘‘(3) SMALL-BUSINESS CONCERN.—The term under the market promotion program may be tunities and projects to enhance the effective- ‘small-business concern’ has the meaning given used for activities to develop, maintain, or ex- ness of those systems. that term in section 3(a) of the Small Business pand foreign markets for tobacco. ‘‘(B) EXTENT OF PROGRAM.—The Secretary Act (15 U.S.C. 632(a)). ‘‘(c) FOREIGN MARKET DEVELOPMENT COOP- shall implement this paragraph with respect to ‘‘(4) UNITED STATES AGRICULTURAL COM- ERATOR COMPONENT.— at least 3 emerging markets in each fiscal year. MODITY.—The term ‘United States agricultural ‘‘(1) IN GENERAL.—As one of the components ‘‘(2) IMPLEMENTATION OF PROGRAM.—The Sec- commodity’ has the meaning given the term in of the International Market Development Pro- retary may implement the requirements of para- section 102 of the Agriculture Trade Act of 1978 gram, the Secretary shall carry out a foreign graph (1)— (7 U.S.C. 5602) and includes commodities that market development cooperator program to ‘‘(A) by providing assistance to teams con- are organically produced (as defined in section maintain and develop foreign markets for sisting primarily of agricultural consultants, 2103 of the Organic Foods Production Act of United States agricultural commodities. farmers, other persons from the private sector 1990 (7 U.S.C. 6502)).’’. ‘‘(2) COOPERATION.—The Secretary shall carry and government officials expert in assessing the (b) FUNDING PROVISION.—Subsection (c) of out the foreign market development cooperator food and rural business systems of other coun- section 211 of the Agricultural Trade Act of 1978 program in cooperation with eligible trade orga- tries to enable such teams to conduct the assess- (7 U.S.C. 5641) is amended to read as follows: nizations. ments, make the recommendations, and identify ‘‘(c) INTERNATIONAL MARKET DEVELOPMENT ‘‘(3) ADMINISTRATION.—Funds made available the opportunities and projects specified in such PROGRAM.— to carry out the foreign market development co- paragraph in emerging markets; and ‘‘(1) IN GENERAL.—Of the funds of the Com- operator program shall be used only to provide— ‘‘(B) by providing for necessary subsistence modity Credit Corporation, the Secretary shall ‘‘(A) cost-share assistance to an eligible trade and transportation expenses of— make available for the International Market De- organization under a contract or agreement ‘‘(i) United States food and rural business sys- velopment Program under section 205 with the organization; and tem experts, including United States agricul- $255,000,000 for each of the fiscal years 2019 ‘‘(B) assistance for other costs that are nec- tural producers and other United States individ- through 2023. Such amounts shall remain avail- essary or appropriate to carry out the foreign uals knowledgeable in agricultural and agri- able until expended. market development cooperator program, includ- business matters, to enable such United States ‘‘(2) SET-ASIDES.— ing contingent liabilities that are not otherwise food and rural business system experts to assist ‘‘(A) MARKET ACCESS PROGRAM COMPONENT.— funded. in transferring knowledge and expertise to enti- Of the funds made available under paragraph ‘‘(4) PROGRAM CONSIDERATIONS.—In providing ties in emerging markets; and (1) for a fiscal year, not less than $200,000,000 assistance under this subsection, the Secretary, ‘‘(ii) individuals designated by emerging marshall be used for the market access program to the maximum extent practicable, shall— kets to enable such designated individuals to component of the International Market Develop- ‘‘(A) give equal consideration to— consult with such United States experts to en- ment Program under subsection (b) of section ‘‘(i) proposals submitted by eligible trade orga- hance food and rural business systems of such 205. nizations that were participating organizations emerging markets and to transfer knowledge ‘‘(B) FOREIGN MARKET DEVELOPMENT COOP- in the foreign market development cooperator and expertise to such emerging markets. ERATOR COMPONENT.—Of the funds made avail- program in prior fiscal years; and ‘‘(3) COST-SHARING.—The Secretary shall enable under paragraph (1) for a fiscal year, not ‘‘(ii) proposals submitted by eligible trade or- courage the nongovernmental experts described less than $34,500,000 shall be used for the foreign ganizations that have not previously partici- in paragraph (2) to share the costs of, and oth- market development cooperator component of pated in the foreign market development coop- erwise assist in, the participation of such ex- the International Market Development Program erator program; and perts in the program under this paragraph. under subsection (c) of section 205. ‘‘(B) give equal consideration to— ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary is ‘‘(C) TECHNICAL ASSISTANCE FOR SPECIALTY ‘‘(i) proposals submitted for activities in authorized to provide, or pay the necessary CROPS COMPONENT.—Of the funds made avail- emerging markets; and costs for, technical assistance (including the es- able under paragraph (1) for a fiscal year, not ‘‘(ii) proposals submitted for activities in mar- tablishment of extension services) necessary to more than $9,000,000, shall be used for the spe- kets other than emerging markets. enhance the effectiveness of food and rural cialty crops component of the International ‘‘(d) TECHNICAL ASSISTANCE FOR SPECIALTY business systems needs of emerging markets, in- Market Development Program under subsection CROPS COMPONENT.— cluding potential reductions in trade barriers. (d) of section 205. ‘‘(1) IN GENERAL.—As one of the components ‘‘(5) REPORTS TO SECRETARY.—A team that re- ‘‘(D) AGRICULTURAL EXPORTS TO EMERGING of the International Market Development Pro- ceives assistance under paragraph (2) shall pre- MARKETS COMPONENT.—Of the funds made gram, the Secretary shall carry out an export pare such reports with respect to the use of such available under paragraph (1) for a fiscal year, assistance program to address existing or poten- assistance as the Secretary may require. not more than $10,000,000 shall be used to pro- tial barriers that prohibit or threaten the export ‘‘(f) DEFINITIONS.—In this section: mote agricultural exports to emerging markets ‘‘(1) ELIGIBLE TRADE ORGANIZATION.— of United States specialty crops. under the International Market Development ‘‘(A) MARKET ACCESS PROGRAM COMPONENT.— ‘‘(2) PURPOSE.—The export assistance program Program under subsection (e) of section 205.’’. In subsection (b), the term ‘eligible trade organi- required by this subsection shall provide direct (c) REPEAL OF SUPERSEDED PROGRAMS.— zation’ means— (1) MARKET ACCESS PROGRAM.—Section 203 of assistance through public and private sector ‘‘(i) a United States agricultural trade organi- the Agricultural Trade Act of 1978 (7 U.S.C. projects and technical assistance to remove, re- zation or regional State-related organization 5623) is repealed. solve, or mitigate existing or potential sanitary that promotes the export and sale of United (2) PROMOTIONAL ASSISTANCE.—Section 1302 of and phytosanitary and technical barriers to States agricultural commodities and that does the Omnibus Budget Reconciliation Act of 1993 trade. not stand to profit directly from specific sales of is repealed. ‘‘(3) PRIORITY.—The export assistance pro- United States agricultural commodities; (3) FOREIGN MARKET DEVELOPMENT COOP- gram required by this subsection shall address ‘‘(ii) a cooperative organization or State agen- ERATOR PROGRAM.—Title VII of the Agricultural time sensitive and strategic market access cy that promotes the sale of United States agri- Trade Act of 1978 (7 U.S.C. 5721–5723) is re- projects based on— cultural commodities; or pealed. ‘‘(A) trade effect on market retention, market ‘‘(iii) a private organization that promotes the (4) EXPORT ASSISTANCE PROGRAM FOR SPE- access, and market expansion; and export and sale of United States agricultural CIALTY CROPS.—Section 3205 of the Farm Secu- ‘‘(B) trade impact. commodities if the Secretary determines that rity and Rural Investment Act of 2002 (7 U.S.C. ‘‘(4) ANNUAL REPORT.—The Secretary shall such organization would significantly con- 5680) is repealed. submit to the appropriate committees of Con- tribute to United States export market develop- (5) EMERGING MARKETS PROGRAM.—Section gress an annual report that contains, for the pe- ment. 1542 of the Food, Agriculture, Conservation, and riod covered by the report, a description of each ‘‘(B) FOREIGN MARKET DEVELOPMENT COOP- Trade Act of 1990 (7 U.S.C. 5622 note; Public factor that affects the export of specialty crops, ERATOR COMPONENT.—In subsection (c), the term Law 101–624) is amended by striking subsection including each factor relating to any significant ‘eligible trade organization’’ means a United (d) and by redesignating subsection (e) and (f) sanitary or phytosanitary issue or trade barrier. States trade organization that— as subsections (d) and (e), respectively. ‘‘(e) E. (KIKA) DE LA GARZA EMERGING MAR- ‘‘(i) promotes the export of one or more United (d) CONFORMING AMENDMENTS.— KETS PROGRAM COMPONENT.— States agricultural commodities; and (1) AGRICULTURAL TRADE ACT OF 1978.—The ‘‘(1) IN GENERAL.— ‘‘(ii) does not have a business interest in or re- Agricultural Trade Act of 1978 is amended— ‘‘(A) ESTABLISHMENT OF PROGRAM.—The Sec- ceive remuneration from specific sales of United (A) in section 202 (7 U.S.C. 5622), by adding at retary, in order to develop, maintain, or expand States agricultural commodities. the end the following new subsection: export markets for United States agricultural ‘‘(2) EMERGING MARKET.—The term ‘emerging ‘‘(k) COMBINATION OF PROGRAMS.—The Com- commodities, is directed— market’ means any country that the Secretary modity Credit Corporation may carry out a pro- ‘‘(i) to make available to emerging markets the determines— gram under which commercial export credit expertise of the United States to make assess- ‘‘(A) is taking steps toward a market-oriented guarantees available under this section are comments of the food and rural business systems economy through the food, agriculture, or rural bined with direct credits from the Commodity needs of such emerging markets; business sectors of the economy of the country; Credit Corporation under section 201 to reduce ‘‘(ii) to make recommendations on measures and the effective rate of interest on export sales of necessary to enhance the effectiveness of the ‘‘(B) has the potential to provide a viable and United States agricultural commodities.’’; and systems, including potential reductions in trade significant market for United States agricultural (B) in section 402(a)(1) (7 U.S.C. 5662(a)(1)), barriers; and commodities. by striking ‘‘203’’ and inserting ‘‘205(b)’’.

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(2) AGRICULTURAL MARKETING ACT OF 1946.— United States.’’ and inserting the following: ‘‘(ii) collaborative research to improve agricul- Section 282(f)(2)(C) of the Agricultural Mar- ‘‘for study— tural productivity; keting Act of 1946 (7 U.S.C. 1638a(f)(2)(C)) is ‘‘(1) in the United States; or ‘‘(iii) the transfer of new science and agricul- amended by striking ‘‘section 203 of the Agricul- ‘‘(2) at a college or university located in an el- tural technologies to strengthen agricultural tural Trade Act of 1978 (7 U.S.C. 5623)’’ and in- igible country that the Secretary determines— practice; and serting ‘‘section 205 of the Agricultural Trade ‘‘(A) has sufficient scientific and technical fa- ‘‘(iv) the reduction of barriers to technology Act of 1978’’. cilities; adoption. (3) FOOD, AGRICULTURE, CONSERVATION, AND ‘‘(B) has established a partnership with at ‘‘(2) FELLOWSHIPS TO UNITED STATES CITI- TRADE ACT OF 1990.—Section 1543(b)(5) of the least one college or university in the United ZENS.—A fellowship provided under subsection Food, Agriculture, Conservation, and Trade Act States; and (a)(3) shall— of 1990 (7 U.S.C. 3293(b)(5)) is amended by strik- ‘‘(C) has substantial participation by faculty ‘‘(A) develop globally minded United States ing ‘‘1542(f)’’ and inserting ‘‘1542(e)’’. members of the United States college or univer- agriculturists with experience living abroad; sity in the design of the fellowship curriculum ‘‘(B) focus on meeting the food and fiber Subtitle C—Other Agricultural Trade Laws and classroom instruction under the fellow- needs of the domestic population of eligible SEC. 3201. LOCAL AND REGIONAL FOOD AID PRO- ship.’’. countries; and CUREMENT PROJECTS. (b) FELLOWSHIP PURPOSES.—Section 1543(c)(2) ‘‘(C) strengthen and enhance trade linkages Section 3206(e)(1) of the Food, Conservation, of the Food, Agriculture, Conservation, and between eligible countries and the United States and Energy Act of 2008 (7 U.S.C. 1726c(e)(1)) is Trade Act of 1990 (7 U.S.C. 3293(c)(2)) is amend- agricultural industry. amended by striking ‘‘2018’’ and inserting ed by inserting before the period at the end the ‘‘(d) FELLOWSHIP RECIPIENTS.— ‘‘2023’’. following: ‘‘, including trade linkages involving ‘‘(1) FELLOWSHIPS TO INDIVIDUALS FROM ELIGI- SEC. 3202. PROMOTION OF AGRICULTURAL EX- regulatory systems governing sanitary and BLE COUNTRIES.— PORTS TO EMERGING MARKETS. phyto-sanitary standards for agricultural prod- ‘‘(A) ELIGIBLE CANDIDATES.—The Secretary Section 1542(a) of the Food, Agriculture, Con- ucts’’. may provide fellowships under subsection (a)(2) servation, and Trade Act of 1990 (7 U.S.C. 5622 SEC. 3207. BORLAUG FELLOWSHIP PROGRAM. to individuals from eligible countries who spe- note; Public Law 101–624) is amended by strik- Section 1473G of the National Agricultural Re- cialize or have experience in agricultural edu- ing ‘‘2018’’ and inserting ‘‘2023’’. search, Extension, and Teaching Policy Act of cation, research, extension, or related fields, in- SEC. 3203. BILL EMERSON HUMANITARIAN TRUST 1977 (7 U.S.C. 3319j) is amended to read as fol- cluding— ACT. lows: ‘‘(i) individuals from the public and private Section 302 of the Bill Emerson Humanitarian ‘‘SEC. 1473G. BORLAUG INTERNATIONAL AGRI- sectors; and Trust Act (7 U.S.C. 1736f–1) is amended— CULTURAL SCIENCE AND TECH- ‘‘(ii) private agricultural producers. (1) in subsection (b)(2)(B)(i), by striking NOLOGY FELLOWSHIP PROGRAM. ‘‘(B) CANDIDATE IDENTIFICATION.—For fellow- ‘‘2018’’ each place it appears and inserting ‘‘(a) FELLOWSHIP PROGRAM.— ships under subsection (a)(2), the Secretary ‘‘2023’’; and ‘‘(1) ESTABLISHMENT.—The Secretary shall es- shall use the expertise of United States land- (2) in subsection (h), by striking ‘‘2018’’ each tablish a fellowship program, to be known as grant colleges and universities and similar uni- place it appears and inserting ‘‘2023’’. the ‘Borlaug International Agricultural Science versities, international organizations working in SEC. 3204. FOOD FOR PROGRESS ACT OF 1985. and Technology Fellowship Program’. agricultural research and outreach, and national agricultural research organizations to (a) EXTENSION.—Section 1110 of the Food Se- ‘‘(2) FELLOWSHIPS TO INDIVIDUALS FROM ELIGI- curity Act of 1985 (also known as the Food for BLE COUNTRIES.—As part of the fellowship pro- help identify program candidates for fellowships Progress Act of 1985; 7 U.S.C. 1736o) is amend- gram, the Secretary shall provide fellowships to from the public and private sectors of eligible ed— individuals from eligible countries as described countries. (1) in subsection (f)(3), by striking ‘‘2018’’ and in subsection (b) who specialize in agricultural ‘‘(C) LOCATION OF TRAINING.—The scientific inserting ‘‘2023’’; education, research, and extension for scientific training or study of fellowship recipients under (2) in subsection (g), by striking ‘‘2018’’ and training and study designed to assist individual subsection (a)(2) shall occur— ‘‘(i) in the United States; or inserting ‘‘2023’’; fellowship recipients, including the following 3 ‘‘(ii) at a college or university located in an el- (3) in subsection (k), by striking ‘‘2018’’ and programs: igible country that the Secretary determines— inserting ‘‘2023’’; and ‘‘(A) A graduate studies program in agri- ‘‘(I) has sufficient scientific and technical fa- (4) in subsection (l)(1), by striking ‘‘2018’’ and culture to assist individuals who participate in cilities; inserting ‘‘2023’’. graduate agricultural degree training at a ‘‘(II) has established a partnership with at (b) ELIGIBLE ENTITIES.—Section 1110(b)(5) of United States institution. least one college or university in the United the Food Security Act of 1985 (also known as ‘‘(B) An individual career improvement pro- States; and the Food for Progress Act of 1985; 7 U.S.C. gram to assist agricultural scientists from devel- ‘‘(III) has substantial participation by faculty 1736o(b)(5)) is amended— oping countries in upgrading skills and under- members of the United States college or univer- (1) by striking ‘‘and’’ at the end of subpara- standing in agricultural science and technology. sity in the design of the fellowship curriculum graph (E); ‘‘(C) A Borlaug agricultural policy executive and classroom instruction under the fellowship. (2) by redesignating subparagraph (F) as sub- leadership course to assist senior agricultural ‘‘(2) FELLOWSHIPS TO UNITED STATES CITI- paragraph (G); and policy makers from eligible countries, with an ZENS.— (3) by inserting after subparagraph (E) the initial focus on individuals from sub-Saharan Africa and the independent states of the former ‘‘(A) ELIGIBLE CANDIDATES.—The Secretary following new subparagraph: may provide fellowships under subsection (a)(3) ‘‘(F) a college or university (as such terms are Soviet Union. ‘‘(3) FELLOWSHIPS TO UNITED STATES CITI- to citizens of the United States who— defined in section 1404(4) of the Food and Agri- ‘‘(i) hold at least a bachelors degree in an ag- culture Act of 1977 (7 U.S.C. 3103(4)); and’’. ZENS.—As part of the fellowship program, the Secretary shall provide fellowships to citizens of ricultural related field of study; and (c) PRIVATE VOLUNTARY ORGANIZATIONS AND the United States to assist eligible countries in ‘‘(ii) have an understanding of United States OTHER PRIVATE ENTITIES.—Section 1110(o) of developing school-based agricultural education school-based agricultural education and youth the Food Security Act of 1985 is amended in extension programs, as determined by the Sec- paragraph (1) by striking ‘‘(F)’’ and inserting and youth extension programs. ‘‘(b) ELIGIBLE COUNTRY DESCRIBED.—For pur- retary. ‘‘(G)’’. poses of this section, an eligible country is a de- ‘‘(B) CANDIDATE IDENTIFICATION.—For fellow- SEC. 3205. MCGOVERN-DOLE INTERNATIONAL veloping country, as determined by the Sec- ships under subsection (a)(3), the Secretary FOOD FOR EDUCATION AND CHILD shall consult with the National FFA Organiza- NUTRITION PROGRAM. retary using a gross national income per capita test selected by the Secretary. tion, the National 4–H Council, and other enti- (a) CONSIDERATION OF PROPOSALS.—Section ‘‘(c) PURPOSE OF FELLOWSHIPS.— ties as the Secretary deems appropriate to iden- 3107(f)(1)(B) of the Farm Security and Rural In- ‘‘(1) FELLOWSHIPS TO INDIVIDUALS FROM ELIGI- tify candidates for fellowships. vestment Act of 2002 (7 U.S.C. 1736o–1(f)(1)(B)) BLE COUNTRIES.—A fellowship provided under ‘‘(e) PROGRAM IMPLEMENTATION.—The Sec- is amended by inserting before the semicolon the subsection (a)(2) shall— retary shall provide for the management, coordi- following: ‘‘and, to the extent practicable, that ‘‘(A) promote food security and economic nation, evaluation, and monitoring of the assistance will be provided on a timely basis so growth in eligible countries by— Borlaug International Agricultural Science and as to coincide with the beginning of and when ‘‘(i) educating a new generation of agricul- Technology Fellowship Program and for the in- needed during the relevant school year’’. tural scientists; dividual programs described in subsection (a), (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- ‘‘(ii) increasing scientific knowledge and col- except that— tion 3107(l)(2) of the Farm Security and Rural laborative research to improve agricultural pro- ‘‘(1) the Secretary may contract out to 1 or Investment Act of 2002 (7 U.S.C. 1736o–1(l)(2)) is ductivity; and more collaborating universities the management amended by striking ‘‘2018’’ and inserting ‘‘(iii) extending that knowledge to users and of 1 or more of the fellowship programs under ‘‘2023’’. intermediaries in the marketplace; and subsection (a)(2); and SEC. 3206. COCHRAN FELLOWSHIP PROGRAM. ‘‘(B) support— ‘‘(2) the Secretary may contract out the man- (a) AUTHORIZED LOCATIONS FOR TRAINING.— ‘‘(i) training and collaborative research oppor- agement of the fellowship program under sub- Section 1543(a) of the Food, Agriculture, Con- tunities through exchanges for entry level inter- section (a)(3) to an outside organization with servation, and Trade Act of 1990 (7 U.S.C. national agricultural research scientists, fac- experience in implementing fellowship programs 3293(a)) is amended by striking ‘‘for study in the ulty, and policymakers from eligible countries; focused on building capacity for school-based

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TIONS.—Not later than 18 months after the effec- in liquid form. ‘‘(2) SET-ASIDES.—Of any funds made avail- tive date of this section, the Secretary shall ‘‘(3) The term ‘fruits’ means minimally proc- able pursuant to paragraph (1), not less than issue interim final regulations to carry out this essed fruits. $2,800,000 shall be used to carry out the fellow- section that— ‘‘(4) The term ‘retail food store’ means a retail ship program for individuals from eligible coun- ‘‘(A) incorporate best practices and lessons food store as defined in section 3(o)(1) that is tries under subsection (a)(2). learned from the regional pilot project ref- authorized to accept and redeem benefits under ‘‘(3) DURATION.—Any funds made available erenced in section 4032(c) of the Agricultural the supplemental nutrition assistance program. pursuant to paragraph (1) shall remain avail- Act of 2014 (7 U.S.C. 2036c(c)); ‘‘(5) The term ‘vegetables’ means minimally able until expended.’’. ‘‘(B) protect the privacy of supplemental nu- processed vegetables. SEC. 3208. GLOBAL CROP DIVERSITY TRUST. trition assistance program participants and ap- ‘‘(c) PROJECT PARTICIPANT PLANS.—To par- (a) UNITED STATES CONTRIBUTION LIMIT.— plicants consistent with section 11(e)(8); and ticipate in the pilot project established under Section 3202(b) of the Food, Conservation, and ‘‘(C) detail the process States will be required subsection (a), a retail food store shall submit to Energy Act of 2008 (22 U.S.C. 2220a note; Public to follow for— the Secretary for approval a plan that in- Law 110–246(b)) is amended by striking ‘‘25 per- ‘‘(i) conducting initial and ongoing matches of cludes— cent’’ and inserting ‘‘33 percent’’. participant and applicant data; ‘‘(1) a method of quantifying the cost of fruits, vegetables, and fluid milk, that will earn house- (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- ‘‘(ii) identifying and acting on all apparent tion 3202(c) of the Food, Conservation, and En- instances of duplicative participation by partici- holds a bonus; ergy Act of 2008 (Public Law 110–246; 22 U.S.C. pants or applicants in multiple States; ‘‘(2) a method of providing bonuses to partici- 2220a note) is amended by striking ‘‘for the pe- ‘‘(iii) disenrolling an individual who has ap- pating households and adequately testing such riod of fiscal years 2014 through 2018’’ and in- plied to participate in another State in a man- method; ‘‘(3) a method of ensuring bonuses earned by serting ‘‘for the period of fiscal years 2019 ner sufficient to allow the State in which the in- households may be used only to purchase food through 2023’’. dividual is currently applying to comply with sections 11(e)(3) and (9); and eligible for purchase under the supplemental nu- SEC. 3209. GROWING AMERICAN FOOD EXPORTS ‘‘(iv) complying with such other rules and trition assistance program; ACT OF 2018. ‘‘(4) a method of educating participating Section 1543A of the Food, Agriculture, Con- standards the Secretary determines appropriate to carry out this section. households about the availability and use of a servation, and Trade Act of 1990 (7 U.S.C. 5679) bonus; is amended to read as follows: ‘‘(2) TIMING.—The initial match and cor- responding actions required by paragraph (1)(C) ‘‘(5) a method of providing data and reports, ‘‘SEC. 1543A. BIOTECHNOLOGY AND AGRICUL- shall occur within 3 years after the date of the as requested by the Secretary, for purposes of TURAL TRADE PROGRAM. enactment of the Agriculture and Nutrition Act analyzing the impact of the pilot project estab- ‘‘(a) ESTABLISHMENT.—There is established in of 2018. lished under subsection (a) on household access, the Department of Agriculture a program to be ‘‘(d) REPORTS.—Using the data submitted to ease of bonus use, and program integrity; and known as the ‘Biotechnology and Agricultural the Duplicative Enrollment Database, the Sec- ‘‘(6) such other criteria, including security cri- Trade Program’. retary shall publish an annual report analyzing teria, as established by the Secretary. ‘‘(b) PURPOSE.—The purpose of the program supplemental nutrition assistance program par- ‘‘(d) PILOT PROJECT REQUIREMENTS.—Retail established under this section shall be to re- ticipant characteristics, including participant food stores with plans approved under sub- move, resolve, or mitigate significant regulatory tenure on the program. The report shall be made section (c) to participate in the pilot project es- nontariff barriers to the export of United States available to the public in a manner that pre- tablished under subsection (a) shall— agricultural commodities into foreign markets vents identification of participants that receive ‘‘(1) provide a bonus in a dollar amount not to through policy advocacy and targeted projects supplemental nutrition assistance program bene- exceed 10 percent of the price of the purchased that address— fits.’’. fruits, vegetables, and fluid milk; ‘‘(1) issues relating to United States agricul- (b) STATE DATA COLLECTION AND SUBMISSION ‘‘(2) fund the dollar amount of bonuses used tural commodities produced with the use of bio- REQUIREMENTS.—Section 11(e) of the Food and by households, and pay for administrative costs, technology or new agricultural production tech- Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amend- such as fees and system costs, associated with nologies; ed— providing such bonuses; ‘‘(2) advocacy for science-based regulation in (1) in paragraph (24) by striking ‘‘and’’ at the ‘‘(3) ensure that bonuses earned by house- foreign markets of biotechnology or new agricul- end, holds may be used only to purchase food eligible tural production technologies; or (2) in paragraph (25) by striking the period at for purchase under the supplemental nutrition ‘‘(3) quick-response intervention regarding the end and inserting ‘‘; and’’, and assistance program; and non-tariff barriers to United States exports pro- (3) by adding at the end the following: ‘‘(4) provide data and reports as requested by duced through biotechnology or new agricul- ‘‘(26) that the State agency shall collect and the Secretary for purposes of analyzing the im- tural production technologies. submit supplemental nutrition assistance pro- pact of the pilot project established under sub- ‘‘(c) ELIGIBLE PROGRAMS.—Depending on gram data to the Duplicative Enrollment Data- section (a) on household access, ease of bonus need, as determined by the Secretary, activities base established in section 30, in accordance use, and program integrity. authorized under this section may be carried out with guidance or rules issued by the Secretary ‘‘(e) LIMITATION.—A retail food store partici- through— establishing a uniform method and format for pating in a project under section 4405 of the ‘‘(1) this section; the collection and submission of data, including Food, Conservation, and Energy Act of 2008 (7 ‘‘(2) the emerging markets program under sec- for each member of a participating household— U.S.C. 7517) shall not be eligible to participate tion 1542; or ‘‘(A) the social security number or the social in the pilot project established under subsection ‘‘(3) the Cochran Fellowship Program under security number substitute; (a). section 1543.’’. ‘‘(B) the employment status of such member; ‘‘(f) IMPLEMENTATION.—Not later than 18 TITLE IV—NUTRITION ‘‘(C) the amount of income and whether that months after the date of the enactment of Agri- Subtitle A—Supplemental Nutrition income is earned or unearned; culture and Nutrition Act of 2018, the Secretary Assistance Program ‘‘(D) that member’s portion of the household shall solicit and approve plans submitted under monthly allotment, and subsection (c) that satisfy the requirements of SEC. 4001. DUPLICATIVE ENROLLMENT DATA- such subsection. BASE. ‘‘(E) the portion of the aggregate value of household assets attributed to that member.’’. ‘‘(g) REIMBURSEMENTS.— (a) EXPANSION OF THE DUPLICATIVE ENROLL- ‘‘(1) RATE OF REIMBURSEMENT.—Subject to MENT DATABASE.—The Food and Nutrition Act SEC. 4002. RETAILER-FUNDED INCENTIVES PILOT. paragraphs (2) and (3), the Secretary shall reim- of 2008 (7 U.S.C. 2011 et seq.) is amended by add- The Food and Nutrition Act of 2008 (7 U.S.C. burse retail food stores with plans approved ing at the end the following: 2011 et seq.), as amended by section 4001, is under subsection (f) in an amount not to exceed ‘‘SEC. 30. DUPLICATIVE ENROLLMENT DATABASE. amended by adding at the end the following: 25 percent of the dollar value of bonuses earned ‘‘(a) IN GENERAL.—The Secretary shall estab- ‘‘SEC. 31. RETAILER-FUNDED INCENTIVES PILOT. by households and used to purchase food eligi- lish an interstate database, or system of data- ‘‘(a) IN GENERAL.—The Secretary shall estab- ble for purchase under the supplemental nutri- bases, of supplemental nutrition assistance pro- lish a pilot project in accordance with sub- tion assistance program. gram information to be known as the Duplica- section (d) through which participating retail ‘‘(2) AGGREGATE AMOUNT OF REIMBURSE- tive Enrollment Database that shall include the food stores provide bonuses to participating MENTS.—The aggregate amount of reimburse- data submitted by each State pursuant to sec- households based on household purchases of ments paid in a fiscal year to all retail food tion 11(e)(26) and that shall meet security stand- fruits, vegetables, and fluid milk. stores that participate in the pilot project estab- ards as determined by the Secretary. ‘‘(b) DEFINITIONS.—For purposes of this sec- lished under subsection (a) in such fiscal year ‘‘(b) PURPOSE.—Any database, or system of tion— shall not exceed $120,000,000. databases, established pursuant to subsection ‘‘(1) The term ‘bonus’ means a financial in- ‘‘(3) REQUIREMENTS.— (a) shall be used by States when making eligi- centive provided at the point of sale to a partici- ‘‘(A) TIMELINE.—Not later than 1 year after bility determinations to prevent supplemental pating household that expends a portion of its the date of the enactment of the Agriculture and

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Nutrition Act of 2018, the Secretary shall estab- ble of providing services related to grants under ‘‘(D) PURCHASE OF FOODS.—In carrying out lish requirements to implement this section, in- subsection (b), including— this paragraph, the Secretary shall purchase or cluding criteria for prioritizing reimbursements ‘‘(i) offering incentive program training and offer to purchase those traditional foods that to such stores within the limit established in technical assistance to applicants and grantees may be procured cost-effectively.’’; paragraph (2) and subject to subparagraph (B). to the extent practicable; (E) by striking subparagraph (E), and ‘‘(B) DISTRIBUTION OF REIMBURSEMENTS.— ‘‘(ii) collecting, evaluating, and sharing infor- (F) in subparagraph (F)— ‘‘(i) MONTHLY PAYMENTS.—Reimbursements mation on best practices on common incentive (i) by striking ‘‘(F)’’ and inserting ‘‘(E)’’, and payable under this subsection shall be paid on a activities; (ii) by striking ‘‘2018’’ and inserting ‘‘2023’’, monthly basis. ‘‘(iii) assisting with collaboration among and ‘‘(ii) PRORATED PAYMENTS.—If funds made grantee projects, State agencies, and nutrition (2) by adding at the end the following: available under subsection (h) are insufficient education programs; ‘‘(7) FUNDS AVAILABILITY.—Funds made avail- to pay in full reimbursements payable for a ‘‘(iv) facilitating communication between able for a fiscal year to carry out this subsection month because of the operation of paragraph grantees and the Department of Agriculture; shall remain available for obligation for a period (2), such reimbursements shall be paid on a pro and of 2 fiscal years.’’. rata basis to the extent funds remain available ‘‘(v) compiling program data from grantees SEC. 4006. UPDATE TO CATEGORICAL ELIGI- for payment. and generating an annual report to Congress on BILITY. ‘‘(h) FUNDING.—From funds made available grant outcomes. Section 5 of the Food and Nutrition Act of under section 18(a)(1) for a fiscal year, the Sec- ‘‘(B) COOPERATIVE AGREEMENT.—To carry out 2008 (7 U.S.C. 2014) is amended— retary shall allocate not to exceed $120,000,000 subparagraph (A), the Secretary may enter into (1) in the 2d sentence of subsection (a)— for reimbursements payable under this section a cooperative agreement with an organization (A) by striking ‘‘receives benefits’’ and insert- for such fiscal year.’’. with expertise in the supplemental nutrition as- ing ‘‘(1) receives cash assistance or ongoing and SEC. 4003. GUS SCHUMACHER FOOD INSECURITY sistance program incentive programs, includ- substantial services’’, NUTRITION INCENTIVE PROGRAM. ing— (B) by striking ‘‘supplemental security’’ and (a) AMENDMENTS.—Section 4405 of the Food, ‘‘(i) nongovernmental organizations; inserting ‘‘with an income eligibility limit of not Conservation, and Energy Act of 2008 (7 U.S.C. ‘‘(ii) State cooperative extension services; more than 130 percent of the poverty line as de- 7517) is amended— ‘‘(iii) regional food system centers; fined in section 5(c)(1), (2) is elderly or disabled (1) by striking the heading and inserting ‘‘Gus ‘‘(iv) Federal and State agencies; and receives cash assistance or ongoing and Schumacher Food Insecurity Nutrition Incen- ‘‘(v) public, private, and land-grant colleges substantial services under a State program tive Program’’, and universities; and funded under part A of title IV of the Social Se- (2) in subsection (b)— ‘‘(vi) other appropriate entities as determined curity Act (42 U.S.C. 601 et seq.) with an income (A) in paragraph (2)— by the Secretary. eligibility limit of not more than 200 percent of (i) in subparagraph (A)(ii)— ‘‘(C) FUNDING LIMITATION.—Of the funds the poverty line as defined in section 5(c)(1), (3) (I) in subclause (II) by inserting ‘‘financial’’ made available under subsection (c), the Sec- receives supplemental security’’, and after ‘‘providing’’, retary may use to carry out this paragraph not (C) by striking ‘‘or aid’’ and inserting ‘‘or (4) (II) by amending subclause (III) to read as more than— receives aid’’, and follows: ‘‘(i) $2,000,000 for each of the fiscal years 2019 (2) in subsection (j)— ‘‘(III) has adequate plans to collect data for and 2020, and (A) by striking ‘‘or who receives benefits’’ and reporting and agrees to participate in a program ‘‘(ii) $1,000,000 for each fiscal year there- inserting ‘‘cash assistance or ongoing and sub- evaluation; and’’. after.’’, and stantial services’’ and (III) in subclause (IV) by striking ‘‘; and’’ at (3) in subsection (c)— (B) by striking ‘‘to have’’ and inserting ‘‘with the end and inserting a period, and (A) in paragraph (1) by striking ‘‘2014 through an income eligibility limit of not more than 130 (IV) by striking subclause (V), and 2018’’ and inserting ‘‘2019 through 2023’’, and percent of the poverty line as defined in section (ii) by amending subparagraph (B) to read as (B) in paragraph (2)— 5(c)(1), or who is elderly or disabled and receives (i) in subparagraph (B) by striking ‘‘and’’ at follows: cash assistance or ongoing and substantial serv- the end; ‘‘(B) PRIORITIES.—In awarding grants under ices under a State program funded under part A (ii) in subparagraph (C) by striking the period this section— of title IV of the Act (42 U.S.C. 601 et seq.) with at the end and inserting ‘‘;’’, and ‘‘(i) the Secretary shall give priority to an income eligibility limit of not more than 200 projects that— (iii) by adding at the end the following: ‘‘(D) $45,000,000 for fiscal year 2019; percent of the poverty line as defined in section ‘‘(I) maximize the share of funds used for di- 5(c)(1), to have’’. rect incentives to participants; ‘‘(E) $50,000,000 for fiscal year 2020; ‘‘(F) $55,000,000 for fiscal year 2021; SEC. 4007. BASIC ALLOWANCE FOR HOUSING. ‘‘(II) include coordination with multiple ‘‘(G) $60,000,000 for fiscal year 2022; and (a) EXCLUSION OF BASIC ALLOWANCE FOR stakeholders, such as farm organizations, nutri- ‘‘(H) $65,000,000 for fiscal year 2023 and each HOUSING.—Section 5(d) of the Food and Nutri- tion education programs, cooperative extension fiscal year thereafter.’’. tion Act of 2008 (7 U.S.C. 2014(d)) is amended— service programs, public health departments, (b) CONFORMING AMENDMENT.—The table of (1) in paragraph (18) by striking ‘‘and’’ at the health providers, private and public health in- contents of Food, Conservation, and Energy Act end, surance agencies, cooperative grocers, grocery of 2008 is amended by striking the item relating (2) in paragraph (19)(B) by striking the period associations, and community-based and non- to section 4405 by inserting the following: and inserting ‘‘; and’’, and governmental organizations; (3) by adding at the end the following: ‘‘(III) have the capacity to generate sufficient ‘‘Sec. 4405. Gus Schumacher food insecurity nutrition incentive program.’’. ‘‘(20) the value of an allowance received data and analysis to demonstrate effectiveness under section 403 of title 37 of the United States SEC. 4004. RE-EVALUATION OF THRIFTY FOOD of program incentives; and Code that does not exceed $500 monthly.’’. ‘‘(ii) the Secretary may also give priority to PLAN. Section 3(u) of the Food and Nutrition Act of (b) UPDATE TO EXCESS SHELTER EXPENSE DE- projects that— DUCTION.—Section 5(e)(6)(A) of the Food and ‘‘(I) are located in underserved communities; 2008 (7 U.S.C. 2012(u)) is amended by inserting after the 1st sentence the following: Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(A)) is ‘‘(II) use direct-to-consumer sales marketing; amended by inserting before the period at the ‘‘(III) demonstrate a track record of designing ‘‘By 2022 and at 5-year intervals thereafter, the end the following: and implementing successful nutrition incentive Secretary shall re-evaluate and publish the mar- programs that connect low-income consumers ket baskets of the thrifty food plan based on ‘‘, except that for a household that receives the and agricultural producers; current food prices, food composition data, and allowance under section 403 of title 37, United ‘‘(IV) provide locally or regionally produced consumption patterns.’’. States Code, only the expenses in excess of that fruits and vegetables; allowance shall be counted towards a house- SEC. 4005. FOOD DISTRIBUTION PROGRAMS ON hold’s expenses for the calculation of the excess ‘‘(V) offer supplemental services in high-need INDIAN RESERVATIONS. shelter deduction’’. communities, including online ordering, trans- Section 4(b) of the Food and Nutrition Act of portation between home and store, and delivery 2008 (7 U.S.C. 2013(b)) is amended— SEC. 4008. EARNED INCOME DEDUCTION. services; (1) in paragraph (6)— Section 5(e)(2)(B) of the Food and Nutrition ‘‘(VI) provide year-round access to program (A) in the heading by striking ‘‘LOCALLY- Act of 2008 (7 U.S.C. 2014(e)(2)(B)) is amended incentives; and GROWN’’ and inserting ‘‘LOCALLY- AND REGION- by striking ‘‘20’’ and inserting ‘‘22’’. ‘‘(VII) address other criteria as established by ALLY-GROWN’’, SEC. 4009. SIMPLIFIED HOMELESS HOUSING the Secretary.’’, (B) in subparagraph (A) by striking ‘‘locally- COSTS. (B) by amending paragraph (4) to read as fol- grown’’ and inserting ‘‘locally- and regionally- Section 5(e)(6)(D) of the Food and Nutrition lows: grown’’, Act of 2008 (7 U.S.C. 2014(e)(6)(D)) is amended— ‘‘(4) TRAINING, EVALUATION, AND INFORMATION (C) in subparagraph (C)— (1) by redesignating clause (ii) as clause (iii), CENTER.— (i) by striking ‘‘LOCALLY GROWN’’ and insert- and ‘‘(A) IN GENERAL.—The Secretary, in consulta- ing ‘‘LOCALLY- AND REGIONALLY-GROWN’’, and (2) by striking clause (i) and inserting the fol- tion with the Director of the National Institute (ii) by striking ‘‘locally-grown’’ and inserting lowing: of Food and Agriculture, shall establish a Food ‘‘locally- and regionally-grown’’, ‘‘(i) ALTERNATIVE DEDUCTION.—The State Insecurity Nutrition Incentive Program Train- (D) by amending subparagraph (D) to read as agency shall allow a deduction of $143 a month ing, Evaluation, and Information Center capa- follows: for households—

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00103 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4084 CONGRESSIONAL RECORD — HOUSE May 16, 2018 ‘‘(I) in which all members are homeless indi- (1) in paragraph (1)(B)(i)— ‘‘(i) a program under title I of the Workforce viduals; (A) by striking ‘‘(i) IN GENERAL.—Beginning’’ Innovation and Opportunity Act; ‘‘(II) that are not receiving free shelter and inserting the following: ‘‘(ii) a program under section 236 of the Trade throughout the month; and ‘‘(i) IN GENERAL.— Act of 1974 (19 U.S.C. 2296); and ‘‘(III) that do not opt to claim an excess shel- ‘‘(I) Beginning’’, and ‘‘(iii) a program of employment and training ter expense deduction under subparagraph (A). (B) by adding at the end the following: operated or supervised by a State or political ‘‘(ii) ADJUSTMENT.—For fiscal year 2019 and ‘‘(II) Beginning on October 1, 2019, and each subdivision of a State that meets standards ap- each subsequent fiscal year the amount of the October 1 thereafter, the amount specified in proved by the chief executive officer of the State homeless shelter deduction specified in clause (i) paragraph (2)(B)(iv) shall be adjusted in the and the Secretary, other than a program under shall be adjusted to reflect changes for the 12- manner described in subclause (I).’’, and paragraph (4).’’, and month period ending the preceding November 30 (2) in paragraph (2)— (G) by inserting after subparagraph (C) the in the Consumer Price Index for All Urban Con- (A) by amending subparagraph (B)(iv) to read following: sumers published by the Bureau of Labor Statis- as follows: ‘‘(D) TRANSITION PERIOD.—During each of the tics of the Department of Labor.’’. ‘‘(iv) subject to subparagraph (C), with re- fiscal years 2019 and 2020, States shall continue to implement and enforce the work and employ- SEC. 4010. AVAILABILITY OF STANDARD UTILITY spect to any licensed vehicle that is used for ALLOWANCES BASED ON RECEIPT OF household transportation or to obtain or con- ment and training program requirements con- ENERGY ASSISTANCE. tinue employment— sistent with this subsection, subsection (e), sub- (a) ALLOWANCE TO RECIPIENTS OF ENERGY AS- ‘‘(I) 1 vehicle for each licensed driver who is section (o) excluding paragraph (6)(F), section SISTANCE.— a member of such household to the extent that 7(i), section 11(e)(19), and section 16 (excluding (1) STANDARD UTILITY ALLOWANCE.—Section the fair market value of the vehicle exceeds subparagraphs (A), (B), (D), and (C) of sub- 5(e)(6)(C)(iv)(I) of the of the Food and Nutrition $12,000; and section (h)(1)) as those provisions were in effect Act of 2008 (7 U.S.C. 2014(e)(6)(C)(iv)(I)) is ‘‘(II) each additional vehicle; and’’, and on the day before the effective date of this sub- amended by inserting ‘‘with an elderly member’’ (B) by striking subparagraph (D). paragraph. ‘‘(E) INELIGIBILITY.— after ‘‘households’’. SEC. 4014. SAVINGS EXCLUDED FROM ASSETS. ‘‘(i) NOTIFICATION OF FAILURE TO MEET WORK (2) CONFORMING AMENDMENTS.—Section Section 5(g) of the Food and Nutrition Act of REQUIREMENTS.—The State agency shall issue a 2605(f)(2)(A) of the Low-Income Home Energy 2008 (7 U.S.C. 2014(g)), as amended by section notice of adverse action to an individual not Assistance Act is amended by inserting ‘‘re- 4013, is amended— later than 10 days after the State agency deter- ceived by a household with an elderly member’’ (1) in paragraph (1)(B)(i) by adding at the mines that the individual has failed to meet the before ‘‘, consistent with section end the following: requirements applicable under subparagraph 5(e)(6)(C)(iv)(I)’’. ‘‘(III) Beginning on October 1, 2019, and each (B). (b) THIRD-PARTY ENERGY ASSISTANCE PAY- October 1 thereafter, the amount specified in ‘‘(ii) FIRST VIOLATION.—The 1st time an indi- MENTS.—Section 5(k)(4) of the Food and Nutri- paragraph (2)(B)(v) shall be adjusted in the vidual receives a notice of adverse action issued tion Act of 2008 (7 U.S.C. 2014(k)(4)) is amend- manner described in subclause (I).’’, and under clause (i), the individual shall remain ined— (2) in paragraph (2)(B)(v) by inserting ‘‘to the eligible to participate in the supplemental nutri- (1) in subparagraph (A) by inserting ‘‘without extent that the value exceeds $2,000’’ after ‘‘action assistance program until— an elderly member’’ after ‘‘household’’ the 1st count’’. ‘‘(I) the date that is 12 months after the date place it appears; and SEC. 4015. WORKFORCE SOLUTIONS. the individual became ineligible; (2) in subparagraph (B) by inserting ‘‘with an (a) CONDITIONS OF PARTICIPATION.—Section ‘‘(II) the date the individual obtains employ- elderly member’’ after ‘‘household’’ the 1st place 6(d) of the Food and Nutrition Act of 2008 (7 ment sufficient to meet the hourly requirements it appears. U.S.C. 2015(d)) is amended— applicable under subparagraph (B)(i); or SEC. 4011. CHILD SUPPORT; COOPERATION WITH (1) in paragraph (1)— ‘‘(III) the date that the individual is no longer CHILD SUPPORT AGENCIES. (A) in subparagraph (A)— subject to the requirements of subparagraph (B); (a) DEDUCTIONS FOR CHILD SUPPORT PAY- (i) by striking ‘‘No’’ and inserting ‘‘Subject to whichever is earliest. MENTS.— subparagraph (C), no’’, ‘‘(iii) SECOND OR SUBSEQUENT VIOLATION.— (1) AMENDMENTS.—Section 5(e) of the Food (ii) by striking ‘‘over the age of 15 and under The 2d or subsequent time an individual receives and Nutrition Act of 2008 (7 U.S.C. 2014(e)) is the age of 60’’ and inserting ‘‘at least 18 years a notice of adverse action issued under clause amended— of age and less than 60 years of age’’, (i), the individual shall remain ineligible to par- (A) by striking paragraph (4), and (iii) by amending clause (i) to read as follows: ticipate in the supplemental nutrition assistance (B) by redesignating paragraphs (5) and (6) as ‘‘(i) without good cause, fails to work or re- program until— paragraphs (4) and (5), respectively. fuses to participate in either an employment and ‘‘(I) the date that is 36 months after the date (2) CONFORMING AMENDMENT.—Section 5 of training program established in paragraph (4), a the individual became ineligible; the Food and Nutrition Act of 2008 (7 U.S.C. work program, or any combination of work, an ‘‘(II) the date the individual obtains employ- 2014) is amended— employment and training program, or work pro- ment sufficient to meet the hourly requirements (A) in subsection (k)(4)(B) by striking ‘‘(e)(6)’’ gram— applicable under subparagraph (B)(i); or ‘‘(III) the date the individual is no longer sub- and inserting ‘‘(e)(5)’’, and ‘‘(I) a minimum of 20 hours per week, aver- ject to the requirements of subparagraph (B); (B) in subsection (n) by striking ‘‘Regardless aged monthly in fiscal years 2021 through 2025; of whether a State agency elects to provide a de- whichever is earliest. or ‘‘(F) WAIVER.— duction under subsection (e)(4), the’’ and insert- ‘‘(II) a minimum of 25 hours per week, aver- ing ‘‘The’’. ‘‘(i) IN GENERAL.—On the request of a State aged monthly in fiscal years 2026 and each fis- agency, the Secretary may waive the applica- (b) COOPERATION WITH CHILD SUPPORT AGEN- cal year thereafter;’’. bility of subparagraph (B) to individuals in the CIES.— (iv) by striking clauses (ii) and (vi), State if the Secretary makes a determination (1) AMENDMENTS.—Section 6 of the Food and (v) in clause (iv) by adding ‘‘or’’ at the end, Nutrition Act of 2008 (7 U.S.C. 2015) is amend- that the area in which the individuals reside— (vi) in clause (v)(II) by striking ‘‘30 hours per ‘‘(I) has an unemployment rate of over 10 per- ed— week; or’’ and inserting ‘‘the hourly require- (A) in subsection (l)(1) by striking ‘‘At the op- cent; ments applicable under paragraph (1)(B)(i).’’, ‘‘(II) is designated as a Labor Surplus Area by tion of a State agency, subject’’ and inserting and the Employment and Training Administration of ‘‘Subject’’, (vii) by redesignating clauses (iii), (iv), and the Department of Labor for the current fiscal (B) in subsection (m)(1) by striking ‘‘At the (v) as clauses (ii), (iii), and (iv), respectively, year based on the criteria for exceptional cir- option of a State agency, subject’’ and inserting (B) by striking subparagraph (B), cumstances as described in section 654.5 of title ‘‘Subject’’, and (C) by amending subparagraph (C) to read as (C) by striking subsection (n). 20 of the Code of Federal Regulations; follows: ‘‘(III) has a 24-month average unemployment (2) CONFORMING AMENDMENT.—Section 5(a) of ‘‘(C) LIMITATION.—Subparagraph (B) shall rate 20 percent or higher than the national av- the Food and Nutrition Act of 2008 (7 U.S.C. not apply to an individual during the first erage for the same 24-month period unless the 2014(a)) is amended by striking ‘‘and (r)’’ and month that individual would otherwise become 24-month average unemployment rate of the inserting ‘‘and (p)’’. subject to subparagraph (B) and be found in area is less than 6 percent, except that the 24- SEC. 4012. ADJUSTMENT TO ASSET LIMITATIONS. noncompliance with such subparagraph.’’, month period shall begin no earlier than the 24- Section 5(g)(1) of the Food and Nutrition Act (D) in subparagraph (D)— month period the Employment and Training Ad- of 2008 (7 U.S.C. 2014(g)(1)) is amended— (i) in clause (iii)(I) by striking ‘‘(A)’’ each ministration of the Department of Labor uses to (1) in subparagraph (A)— place it appears and inserting ‘‘(B)’’, designate Labor Surplus Areas for the current (A) by striking ‘‘$2,000’’ and inserting (ii) in clause (iv) by striking ‘‘(A)(v)’’and in- fiscal year; or ‘‘$7,000’’, and serting ‘‘(B)(iv)’’, and ‘‘(IV) is in a State— (B) by striking ‘‘$3,000’’ and inserting (iii) by striking clauses (v) and (vi), ‘‘(aa) that is in an extended benefit period ‘‘$12,000’’, and— (E) by redesignating subparagraphs (A) and (within the meaning of section 203 of the Fed- (2) in subparagraph (B) by striking ‘‘2008’’ (D) as subparagraphs (B) and (I), respectively, eral-State Extended Unemployment Compensa- and inserting ‘‘2019’’. (F) by inserting before subparagraph (B), as tion Act of 1970); or SEC. 4013. UPDATED VEHICLE ALLOWANCE. so redesignated, the following: ‘‘(bb) in which temporary or emergency unem- Section 5(g) of the Food and Nutrition Act of ‘‘(A) DEFINITION OF WORK PROGRAM.—In this ployment compensation is being provided under 2008 (7 U.S.C. 2014(g)) is amended— subsection, the term ‘work program’ means— any Federal law.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00104 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4085

‘‘(ii) JURISDICTIONS WITH LIMITED DATA.—In (ii) by striking ‘‘(E)’’ and all that follows (iii) by striking subclause (II). carrying out clause (i), in the case of a jurisdic- through the period at the end, and inserting the (B) WORKFORCE INNOVATION AND OPPOR- tion for which Bureau of Labor Statistics unem- following: TUNITY ACT.—The Workforce Innovation and ployment data is limited or unavailable, such as ‘‘(E) receiving weekly earnings which equal the Opportunity Act (Public Law 113–128; 128 Stat. an Indian Reservation or a territory of the minimum hourly rate under section 6(a)(1) of 1425) is amended— United States, a State may support its request the Fair Labor Standards Act of 1938 (29 U.S.C. (i) in section 103(a)(2) by striking subpara- based on other economic indicators as deter- 206(a)(1)), multiplied by the hourly requirement graph (D), and mined by the Secretary. as specified in subparagraph (B); (F) medically (ii) in section 121(b)(2)(B) by striking clause ‘‘(iii) LIMIT ON COMBINING JURISDICTIONS.—In certified as mentally or physically unfit for em- (iv). carrying out clause (i), the Secretary may waive ployment; or (G) a pregnant woman.’’, and (c) RELATED REQUIREMENTS.—Section 6 of the the applicability of subparagraph (B) only to a (B) by striking the last sentence, Food and Nutrition Act of 2008 (7 U.S.C. 2015) is State or individual jurisdictions within a State, (3) in paragraph (3) by striking ‘‘registration amended— except in the case of combined jurisdictions that requirements’’ and inserting ‘‘requirement’’, (1) in subsection (e)(5)(A) by inserting ‘‘or of are designated as Labor Market Areas by the (4) in paragraph (4)— an incapacitated person’’ after ‘‘6’’, and Department of Labor. (A) in subparagraph (A)— (2) by striking subsection (o). ‘‘(iv) REPORT.—The Secretary shall submit to (i) by redesignating clause (ii) as clause (iii), (d) CONFORMING AMENDMENTS.—The Food the Committee on Agriculture of the House of and and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) Representatives and the Committee on Agri- (ii) by inserting after clause (i) the following: is amended— ‘‘(ii) MANDATORY MINIMUM SERVICES.—Each culture, Nutrition, and Forestry of the Senate, (1) in section 6, as amended by section 4011 State agency shall offer employment and train- and shall make available to the public, an an- and subsection (c), by redesignating subsections ing program services sufficient for all individ- nual report on the basis for granting a waiver (p) through (s) as subparagraphs (n) through uals subject to the requirements of paragraph under clause (i). (q), respectively, and (1)(B)(i) who are not currently ineligible pursu- (2) in section 7(i)(1) by striking ‘‘6(o)(2)’’ and ‘‘(G) 15-PERCENT EXEMPTION.— ant to paragraph (1)(E), exempt pursuant to ‘‘(i) DEFINITIONS.—In this subparagraph: inserting ‘‘6(d)(1)(B)’’. (e) STATE PLAN.—Section 11(e)(19) of the Food ‘‘(I) CASELOAD.—The term ‘caseload’ means subparagraphs (F) and (G) or paragraph (2) of the average monthly number of individuals re- subsection (d), and for all individuals covered and Nutrition Act of 2008 (7 U.S.C. 2020(e)(19)) ceiving supplemental nutrition assistance pro- by paragraph (1)(C), to meet the hourly require- is amended by striking ‘‘geographic areas and gram benefits during the 12-month period end- ments specified in paragraph (1)(B)(i) to the ex- households to be covered under such program, ing the preceding June 30. tent that such requirements will not be satisfied and the basis, including any cost information,’’ ‘‘(II) COVERED INDIVIDUAL.—The term ‘cov- by hours of work or participation in a work pro- and inserting ‘‘extent to which such programs ered individual’ means a member of a household gram.’’, and will be carried out in coordination with the ac- that receives supplemental nutrition assistance (B) in subparagraph (B)— tivities carried out under title I of the Workforce (i) by inserting after ‘‘contains’’ the following: program benefits, or an individual denied eligi- Innovation and Opportunity Act, the plan for bility for supplemental nutrition assistance pro- ‘‘case management services consisting of com- meeting the minimum services requirement under gram benefits solely due to the applicability of prehensive intake assessments, individualized section 6(d)(4)(A)(ii) including any cost infor- subparagraph (B), who— service plans, progress monitoring, and coordi- mation, and the basis’’. ‘‘(aa) is not eligible for an exception under nation with service providers, and’’, (f) FUNDING OF EMPLOYMENT AND TRAINING paragraph (2); (ii) by amending clause (i) to read as follows: PROGRAMS.—Section 16(h) of the Food and Nu- ‘‘(bb) does not reside in an area covered by a ‘‘(i) Supervised job search programs that occur trition Act of 2008 (7 U.S.C. 2025(h)) is amend- waiver granted under subparagraph (F); and at State-approved locations in which the activi- ed— ‘‘(cc) is not complying with subparagraph (B). ties of participants shall be directly supervised (1) in paragraph (1)— (A) in subparagraph (A) by striking ‘‘(ii) GENERAL RULE.—Subject to clauses (iii) and the timing and activities of participants through (v), a State agency may provide an ex- tracked in accordance with guidelines set forth ‘‘$90,000,000’’ and all that follows through the emption from the requirements of subparagraph by the State.’’, period at the end and inserting the following: ‘‘under section 18(a)(1)— (B) for covered individuals. (iii) in clause (ii) by striking ‘‘jobs skills as- ‘‘(i) $90,000,000 for fiscal year 2019; ‘‘(iii) FISCAL YEAR 2021 AND THEREAFTER.— sessments, job finding clubs, training in tech- ‘‘(ii) $250,000,000 for fiscal year 2020; and Subject to clauses (iv) and (v), for fiscal year niques for’’ and inserting ‘‘employability assessments, training in techniques to increase’’, ‘‘(iii) $1,000,000,000 for each fiscal year there- 2021 and each subsequent fiscal year, a State after.’’, agency may provide a number of exemptions (iv) by striking clause (iii), (v) in clause (iv) in the 1st sentence by insert- (B) by amending subparagraph (B)(ii) to read such that the average monthly number of the ing ‘‘, including subsidized employment, appren- as follows: exemptions in effect during the fiscal year does ticeships, and unpaid or volunteer work that is ‘‘(ii) takes into account— not exceed 15 percent of the number of covered limited to 6 months out of a 12-month period’’ ‘‘(I) for fiscal years 2019 and 2020, the number individuals in the State in fiscal year 2019, as before the period at the end, of individuals who are not exempt from the estimated by the Secretary, based on the survey (vi) in clause (v) by inserting ‘‘, including work requirement under section 6(o) as that sec- conducted to carry out section 16(c) for the most family literacy and financial literacy,’’ after tion existed on the day before the date of the en- recent fiscal year and such other factors as the ‘‘literacy’’, actment of the Agriculture and Nutrition Act of Secretary considers appropriate due to the tim- (vii) in clause (vii) by striking ‘‘not more 2018; and ing and limitations of the survey. than’’, and ‘‘(II) for fiscal years 2021 and each fiscal year ‘‘(iv) CASELOAD ADJUSTMENTS.—The Secretary (viii) by redesignating clauses (iv) through thereafter, the number of individuals who are shall adjust the number of individuals estimated (viii) as clauses (iii) through (vii), respectively, not exempt from the requirements under section for a State under clause (iii) during a fiscal year (C) by striking subparagraphs (D), (E), and 6(d)(1)(B).’’, if the number of members of households that re- (F), and inserting the following: (C) in subparagraph (D) by striking ‘‘$50,000’’ ceive supplemental nutrition assistance program ‘‘(D) Each State agency shall establish re- and inserting ‘‘$100,000’’, and benefits in the State varies from the State’s case- quirements for participation by non-exempt in- (D) by amending subparagraph (E) to read as load by more than 10 percent, as determined by dividuals in the employment and training pro- follows: the Secretary. gram components listed in clauses (i) through ‘‘(E) RESERVATION OF FUNDS.—Of the funds ‘‘(v) REPORTING REQUIREMENTS.— (vii) of subparagraph (B). Such requirements made available under this paragraph for fiscal ‘‘(I) REPORTS BY STATE AGENCIES.—A State may vary among participants.’’, year 2021 and for each fiscal year thereafter, agency shall submit such reports to the Sec- (D) in subparagraph (H) by striking ‘‘(B)(v)’’ not more than $150,000,000 shall be reserved for retary as the Secretary determines are necessary and inserting ‘‘(B)(iv)’’, and allocation to States to provide training services to ensure compliance with this paragraph. (E) by redesignating subparagraphs (G) by eligible providers identified under section 122 ‘‘(II) ANNUAL REPORT BY THE SECRETARY.— through (M) as subparagraphs (E) through (K), of the Workforce Innovation and Opportunity The Secretary shall annually compile and sub- respectively. Act for participants in the supplemental nutri- mit to the Committee on Agriculture of the (b) CONFORMING AMENDMENTS.— tion assistance program to meet the hourly re- House of Representatives and the Committee on (1) AMENDMENTS TO THE FOOD AND NUTRITION quirements under section 6(d)(1)(B) of this Agriculture, Nutrition, and Forestry of the Sen- ACT OF 2008.—Section 5(d)(14) of the Food and Act.’’, and ate, and shall make available to the public, an Nutrition Act of 2008 (7 U.S.C. 2014(d)(14)) is (2) in paragraph (5)(C)— annual report that contains the reports sub- amended by striking ‘‘6(d)(4)(I)’’ and inserting (A) in clause (ii) by adding ‘‘and’’ at the end, mitted under subclause (I) by State agencies. ‘‘6(d)(4)(G)’’. (B) in clause (iii) by striking ‘‘; and’’ and in- ‘‘(H) OTHER PROGRAM RULES.—Nothing in this (2) AMENDMENT TO OTHER LAWS.— serting a period, and subsection shall make an individual eligible for (A) INTERNAL REVENUE CODE OF 1986.—Section (C) by striking clause (iv). benefits under this Act if the individual is not 51(d)(8)(A)(ii) of the Internal Revenue Code of (g) WORK SUPPLEMENTATION OR WORK SUP- otherwise eligible for benefits under the other 1986 (26 U.S.C. 51(d)(8)(A)(ii)) is amended— PORT PROGRAM.— provisions of this Act.’’, (i) in subclause (I) by striking ‘‘, or’’ and in- (1) REPEALER.—Subsection (b) of section 16 of (2) in paragraph (2)— serting a period, the Food and Nutrition Act of 2008 (7 U.S.C. (A) in the 1st sentence— (ii) by striking ‘‘family—’’ and all that follows 2025(b)) is repealed. (i) by striking ‘‘paragraph (1)’’ and inserting through ‘‘(I) receiving’’ and inserting ‘‘family (2) CONFORMING AMENDMENT.—Section ‘‘paragraph (1)(B)’’, and receiving’’, and 5(e)(2)(A) of the Food and Nutrition Act of 2008

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00105 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4086 CONGRESSIONAL RECORD — HOUSE May 16, 2018 (7 U.S.C. 2014(e)(2)(A)) is amended to read as more than 5 demonstration project proposals card in one State to the issuer of the card that follows: submitted by State agencies that will pilot the may be in the same or different State.’’. ‘‘(A) DEFINITION OF EARNED INCOME.—In this use of mobile technologies for supplemental nu- SEC. 4019. REPLACEMENT OF EBT CARDS. paragraph, the term ‘‘earned income’’ does not trition assistance program benefits access.’’, Section 7(h)(8)(B)(ii) of the Food and Nutri- include income excluded by subsection (d).’’. (C) in clause (ii)— tion Act of 2008 (7 U.S.C. 2016(h)(8)(B)(ii)) is (h) WORKFARE.— (i) in the heading by striking ‘‘DEMONSTRA- amended by striking ‘‘an excessive number of (1) REPEALER.—Section 20 of the Food and TION PROJECTS’’ and inserting ‘‘PROJECT RE- lost cards’’ and inserting ‘‘2 lost cards in a 12- Nutrition Act of 2008 (7 U.S.C. 2029) is repealed. QUIREMENTS’’, month period’’. (2) CONFORMING AMENDMENTS.—The Food and (ii) by striking ‘‘retail food store’’ the first SEC. 4020. BENEFIT RECOVERY. Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is place it appears and inserting ‘‘State agency’’, Section 7(h)(12) of the Food and Nutrition Act amended— (iii) by striking ‘‘includes’’, of 2008 (7 U.S.C. 2016(h)(12)) is amended— (A) in section 16(h)— (iv) by striking subclauses (I), (II), (III), and (1) in subparagraph (A) by inserting ‘‘, or due (i) in paragraph (1)(F)— (IV), and inserting the following: to the death of all members of the household’’ (I) in clause (i)— ‘‘(I) provides recipient protections regarding after ‘‘inactivity’’, (aa) in subclause (I) by inserting ‘‘(as in effect privacy, ease of use, household access to bene- (2) in subparagraph (B) by striking ‘‘6’’ and on the day before the date of the enactment of fits, and support similar to the protections pro- inserting ‘‘3’’, and the Agriculture and Nutrition Act of 2018)’’ vided under existing methods; (3) in subparagraph (C) by striking ‘‘12 after ‘‘this Act’’, and ‘‘(II) ensures that all recipients, including months’’ and inserting ‘‘6 months, or upon (bb) in subclause (II)(bb) by inserting ‘‘(as in those without access to mobile payment tech- verification that all members of the household effect on the day before the date of the enact- nology and those who shop across State borders, are deceased’’. ment of the Agriculture and Nutrition Act of have a means of benefit access; SEC. 4021. REQUIREMENTS FOR ONLINE ACCEPT- 2018)’’ before the period at the end, ‘‘(III) requires retail food stores, unless ex- ANCE OF BENEFITS. (II) in clause (ii)— empt under section 7(f)(2)(B), to bear the costs (a) DEFINITION.—Section 3(o)(1) of the Food (aa) in subclause (II)(cc) by inserting ‘‘(as in of acquiring and arranging for the implementa- and Nutrition Act of 2008 (7 U.S.C. 2012(o)(1)) is effect on the day before the date of the enact- tion of point-of-sale equipment and supplies for amended by striking ‘‘or house-to-house trade ment of the Agriculture and Nutrition Act of the redemption of benefits that are accessed route’’ and inserting ‘‘, house-to-house trade 2018)’’ after ‘‘20’’, and through mobile technologies, including any fees route, or online entity’’. (bb) in subclause (III)(ee)(AA) by inserting not described in paragraph (13); (b) ACCEPTANCE OF BENEFITS.—Section 7(k) of ‘‘as in effect on the day before the date of the ‘‘(IV) requires that foods purchased with ben- the Food and Nutrition Act of 2008 (7 U.S.C. enactment of the Agriculture and Nutrition Act efits issued under this section through mobile 2016(k)) is amended— of 2018’’ after ‘‘6(o)’’, and technologies are purchased at a price not higher (1) by striking the heading and inserting ‘‘AC- (III) in clause (vi)(I) by inserting ‘‘as in effect than the price of the same food purchased by CEPTANCE OF PROGRAM BENEFITS THROUGH ON- on the day before the date of the enactment of other methods used by the retail food store, as LINE TRANSACTIONS’’, the Agriculture and Nutrition Act of 2018’’ after determined by the Secretary; (2) in paragraph (4) by striking subparagraph ‘‘6(d)’’, and ‘‘(V) ensures adequate documentation for (C), and (ii) in paragraph (3) by striking ‘‘under sec- each authorized transaction, adequate security (3) by striking paragraph (5). tion 6(d)(4)(I)(i)(II)’’ and inserting ‘‘for depend- measures to deter fraud, and adequate access to SEC. 4022. NATIONAL GATEWAY. ent care expenses under section 6(d)(4)’’, and retail food stores that accept benefits accessed (a) ISSUANCE OF BENEFITS.—Section 7 of the (B) in section 17(b)— through mobile technologies, as determined by Food and Nutrition Act of 2008 (7 U.S.C. 2016) is (i) in paragraph (1)(B)(iv)(III)(jj) by inserting the Secretary; amended— ‘‘as in effect on the day before the date of the ‘‘(VI) provides for an evaluation of the dem- (1) in subsection (d) by striking ‘‘benefits by enactment of the Agriculture and Nutrition Act onstration project, including, but not limited to, benefit issuers’’ and inserting ‘‘benefit issuers of 2018’’ after ‘‘20’’, and an evaluation of household access to benefits; and other independent sales organizations, (ii) by striking paragraph (2). and third-party processors, and web service pro- SEC. 4016. MODERNIZATION OF ELECTRONIC ‘‘(VII) meets other criteria as established by viders that provide electronic benefit transfer BENEFIT TRANSFER REGULATIONS. the Secretary.’’, services or equipment to retail food stores and Section 7(h)(2) of the Food and Nutrition Act (D) by amending clause (iii) to read as fol- wholesale food concerns,’’, and of 2008 (7 U.S.C. 2016(h)(2)) is amended— lows: (2) by adding at the end the following: (1) in the 1st sentence by inserting ‘‘and shall ‘‘(iv) DATE OF PROJECT APPROVAL.—The Sec- ‘‘(l) REQUIREMENT TO ROUTE ALL SUPPLE- periodically review such regulations and modify retary shall solicit and approve the qualifying MENTAL NUTRITION ASSISTANCE PROGRAM BEN- such regulations to take into account evolving demonstration projects required under subpara- EFIT TRANSFER TRANSACTIONS THROUGH A NA- technology and comparable industry standards’’ graph (B)(i) not later than January 1, 2020.’’, TIONAL GATEWAY.— before the period at the end, and and ‘‘(1) DEFINITIONS.—For purposes of this sec- (2) in subparagraph (C)— (E) by inserting after clause (ii) the following: tion: (A) by striking ‘‘(C)(i)’’ and all that follows ‘‘(iii) PRIORITY.—The Secretary may prioritize ‘‘(A) The term ‘independent sales organization through ‘‘abuse; and’’, by inserting the fol- demonstration project proposals that would— ’ means a person or entity that— lowing: ‘‘(I) reduce fraud; ‘‘(i) is not a third-party processor; and ‘‘(ii) engages in sales or service to retail food ‘‘(C)(i) risk-based measures to maximize the ‘‘(II) encourage positive nutritional outcomes; stores with respect to point-of-sale equipment security of a system using the most effective and necessary for electronic benefit transfer trans- technology available that the State agency con- ‘‘(III) meet such other criteria as determined action processing. siders appropriate and cost effective including by the Secretary.’’, and ‘‘(B) The term ‘third-party processor’ means consideration of recipient access and ease of use (3) in subparagraph (C)(i)— an entity, including a retail food store operating and which may include personal identification (A) by striking ‘‘2017’’ and inserting ‘‘2022’’, its own point-of-sale terminals, that is capable numbers, photographic identification on elec- and of routing electronic transfer benefit trans- tronic benefit transfer cards, alternatives for se- (B) by inserting ‘‘requires further study by actions for authorization. curing transactions, and other measures to pro- way of an extended pilot period or’’ after ‘‘(C) The term ‘web service provider’ means an tect against fraud and abuse; and’’, and ‘‘States’’ the 2d place it appears . entity that operates a generic online purchasing (B) by moving the left margin of clause (ii) 4 SEC. 4018. PROCESSING FEES. website that can be customized for online elec- ems to the left. (a) LIMITATION.—Section 7(h)(13) of the Food tronic benefit transfer transactions for author- SEC. 4017. MOBILE TECHNOLOGIES. and Nutrition Act of 2008 (7 U.S.C. 2016(h)(13)) ized retail food stores. Section 7(h)(14) of the Food and Nutrition Act is amended to read as follows: ‘‘(2) IN GENERAL.—Subject to paragraph (5), of 2008 (7 U.S.C. 2016(h)(14) is amended— ‘‘(13) FEES.—No interchange fees shall apply the Secretary shall establish a national gateway (1) by amending subparagraph (A) to read as to electronic benefit transfer transactions under for the purpose of routing all supplemental nu- follows: this subsection. Neither a State, nor any agent, trition assistance program benefit transfer ‘‘(A) IN GENERAL.—Subject to subparagraph contractor, or subcontractor of a State who fa- transactions (in this subsection referred to as (B), the Secretary shall authorize the use of mo- cilitates the provision of supplemental nutrition ‘transactions’ unless the context specifies other- bile technologies for the purpose of accessing assistance program benefits in such State may wise) to the appropriate benefit issuers for pur- supplemental nutrition assistance program bene- impose a fee for switching or routing such bene- poses of transaction validation and settlement. fits.’’, fits.’’. ‘‘(3) REQUIREMENTS TO ROUTE TRANS- (2) in subparagraph (B)— (b) CONFORMING AMENDMENT.—Section ACTIONS.—The Secretary shall— (A) by striking the heading and inserting 7(j)(1)(H) of the Food and Nutrition Act of 2008 ‘‘(A) ensure that protections regarding pri- ‘‘DEMONSTRATION PROJECTS ON ACCESS OF BENE- (7 U.S.C. 2014) is amended to read as follows: vacy, security, ease of use, and access relating FITS THROUGH MOBILE TECHNOLOGIES’’, ‘‘(H) SWITCHING.—The term ‘’switching’’ to supplemental nutrition assistance benefits are (B) by amending clause (i) to read as follows: means the routing of an intrastate or interstate maintained for benefit recipients and retail food ‘‘(i) DEMONSTRATION PROJECTS.—Before au- transaction that consists of transmitting the de- stores; thorizing implementation of subparagraph (A) tails of a transaction electronically recorded ‘‘(B) ensure redundancy for processing of in all States, the Secretary shall approve not through the use of an electronic benefit transfer transactions;

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‘‘(C) ensure real-time monitoring of trans- ‘‘(7) GATEWAY SUSTAINABILITY.—Benefit (3) in paragraph (2)— actions; issuers and third-party processors shall pay fees (A) by amending subparagraph (B) to read as ‘‘(D) ensure that all entities that connect to to the gateway operator, in a manner prescribed follows: such gateway, and all others that connect to by the Secretary, to directly access and route ‘‘(B) establishing enhanced technological such entities, meet and follow transaction mes- transactions through the national gateway. methods for applying for benefits and deter- saging standards, and other requirements, es- ‘‘(A) PURPOSE.—The Secretary shall ensure mining eligibility that improve the administra- tablished by the Secretary; that fees are collected and used solely for the tive infrastructure used in processing applica- ‘‘(E) ensure the security of transactions by operation of the gateway. tions and determining eligibility; or’’, using the most effective technology available ‘‘(B) AMOUNT.—Fees shall be established by (B) by striking subparagraphs (C) and (D), that the Secretary considers to be appropriate the Secretary in amounts proportionate to the and and cost-effective; and number of transactions routed through the gate- (C) by redesignating subparagraph (E) as sub- ‘‘(F) ensure that all transactions are routed way by each benefit issuer and third-party proc- paragraph (C). through such gateway. essor, and based on the cost of operating the SEC. 4026. SUPPLEMENTAL NUTRITION ASSIST- ‘‘(4) STATE AGENCY ACTION.—Each State agen- gateway in a fiscal year. ANCE PROGRAM BENEFIT TRANSFER cy shall ensure that all of its benefit issuers con- ‘‘(C) ADJUSTMENT.—The Secretary shall TRANSACTION DATA REPORT. nect to such gateway. A State agency may opt evaluate annually the cost of operating such Section 9 of the Food and Nutrition Act of to require its benefit issuer to route cash trans- gateway and shall adjust the fee in effect for a 2008 (7 U.S.C. 2018) is amended— actions through such gateway, subject to terms fiscal year to reflect the cost of operating such (1) in subsection (a)(2)— established by the Secretary. gateway, except that an adjustment under this (A) in subparagraph (A) by striking ‘‘and’’ at ‘‘(5) ROUTING OF TRANSACTIONS THROUGH A subparagraph for any fiscal year may not ex- the end, NATIONAL GATEWAY.— ceed 10 percent of the fee charged under this (B) in subparagraph (B) by striking the period ‘‘(A) IN GENERAL.—Before the Secretary imple- paragraph in the preceding fiscal year.’’. at the end and inserting ‘‘; and’’, and ments in all the States a national gateway es- (b) APPROVAL OF RETAIL FOOD STORES AND (C) by adding at the end the following: tablished under paragraph (2), the Secretary WHOLESALE FOOD CONCERNS.—The 1st sentence ‘‘(C) parameters for retail food store coopera- shall conduct a feasibility study to assess the of section 9(c) of the Food and Nutrition Act of tion with the Secretary sufficient to carry out feasibility of routing transactions through such 2008 (7 U.S.C. 2018(c)) is amended by inserting subsection (i).’’. gateway. ‘‘contracts for electronic benefit transfer services (2) by adding at the end the following: ‘‘(B) FEASIBILITY STUDY.—The feasibility and equipment, records necessary to validate ‘‘(i) DATA COLLECTION FOR RETAIL FOOD study conducted under subparagraph (A) shall the FNS authorization number to accept and re- STORE TRANSACTIONS.— provide, at a minimum, all of the following: deem benefits,’’ after ‘‘invoices,’’. ‘‘(1) COLLECTION OF DATA.—To assist in making improvements to supplemental nutrition as- ‘‘(i) A comprehensive analysis of opportunities SEC. 4023. ACCESS TO STATE SYSTEMS. sistance program design, for each interval not and challenges presented by implementation of (a) RECORDS.—Section 11(a)(3)(B) of the Food greater than a 2-year period, the Secretary such gateway. and Nutrition Act of 2008 (7 U.S.C. shall— ‘‘(ii) One or more options for carrying forward 2020(a)(3)(B)) is amended— ‘‘(A) collect a statistically significant sample each of such opportunities and for mitigating (1) by striking ‘‘Records described’’ and in- of retail food store transaction data, including each of such challenges. serting ‘‘All records, and the entire information the cost and description of items purchased with ‘‘(iii) Data for purposes of analyzing the im- systems in which records are contained, that are supplemental nutrition assistance program bene- plementation of, and on-going cost of managing, covered’’, and such gateway. (2) by amending clause (i) to read as follows: fits, to the extent practicable and without af- ‘‘(iv) One or more models for cost-neutral on- ‘‘(i) be made available for inspection and fecting retail food store document retention going operation of a national gateway. audit by the Secretary, subject to data and secu- practices; and ‘‘(v) Other criteria, including security criteria, rity protocols agreed to by the State agency and ‘‘(B) make a summarized report of aggregated established by the Secretary. Secretary;’’. data collected under subparagraph (A) available ‘‘(C) DATE OF COMPLETION OF STUDY.—The (b) REPORTING REQUIREMENTS.—Section 16 of to the public in a manner that prevents identi- Secretary shall complete the feasibility study re- the Food and Nutrition Act of 2008 (7 U.S.C. fication of individual retail food stores, indi- quired by subparagraph (B) not later than 1 2025) is amended— vidual retail food store chains, and individual year after the date of the enactment of the Agri- (1) in the last sentence of subsection (c)(4) by members of households that use such benefits. culture and Nutrition Act of 2018. inserting ‘‘including providing access to appli- ‘‘(2) NONDISCLOSURE.—Any transaction data ‘‘(D) IMPLEMENTATION OF A NATIONAL GATE- cable State records and the entire information that contains information specific to a retail WAY.—Not later than 1 year after the date of the systems in which the records are contained,’’ food store, a retail food store location, a person, completion of such study, the Secretary shall after ‘‘Secretary,’’, and or other entity shall be exempt from the disclo- complete the nationwide implementation of a (2) in subsection (g)(1)— sure requirements of Section 552(a) of title 5 of national gateway established under paragraph (A) in subparagraph (E) by striking ‘‘and’’ at the United States Code pursuant to section (2) unless the Secretary determines, based on the end, 552(b)(3)(B) of title 5 of the United States Code. such study, that more time is needed to imple- (B) in subparagraph (F) by striking the period The Secretary shall limit the use or disclosure of ment such gateway nationwide or that nation- at the end and inserting ‘‘; and’’, and information obtained under this subsection in a wide implementation of such gateway is not in (C) by adding at the end the following: manner consistent with sections 9(c) and the best interest of the operation of the supple- ‘‘(G) would be accessible by the Secretary for 11(e)(8).’’. mental nutrition assistance program. the purposes of program oversight and would be SEC. 4027. ADJUSTMENT TO PERCENTAGE OF RE- ‘‘(E) REPORT TO CONGRESS.—If the Secretary used by the State agency to make available all COVERED FUNDS RETAINED BY makes a determination described in subpara- records required by the Secretary.’’. STATES. graph (D), the Secretary shall submit to the SEC. 4024. TRANSITIONAL BENEFITS. Section 16(a) of the Food and Nutrition Act of Committee on Agriculture of the House of Rep- Section 11(s) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a) is amended— resentatives and the Committee on Agriculture, 2008 (7 U.S.C. 2020(s)) is amended— (1) in the 1st sentence by striking ‘‘35 percent’’ Nutrition, and Forestry of the Senate a report (1) by striking the heading and inserting and inserting ‘‘50 percent’’, and that includes the basis of such determination. ‘‘TRANSITIONAL BENEFITS’’, (2) by inserting after the 1st sentence the fol- ‘‘(F) NONDISCLOSURE OF INFORMATION.—Any (2) in paragraph (1)— lowing: information collected through such gateway (A) by striking ‘‘may’’ and inserting ‘‘shall’’, ‘‘A State agency may use such funds retained about a specific retail food store, wholesale food and only to carry out the supplemental nutrition as- concern, person, or other entity, and any inves- (B) in subparagraph (B) by striking ‘‘at the sistance program, including investments in tech- tigative methodology or criteria used for pro- option of the State,’’, and nology, improvements in administration and dis- gram integrity purposes that operates at or in (3) in paragraph (2)— tribution, and actions to prevent fraud.’’. conjunction with such gateway, shall be exempt (A) by striking ‘‘may’’ and inserting ‘‘shall’’, SEC. 4028. TOLERANCE LEVEL FOR PAYMENT ER- from the disclosure requirements of section and RORS. 552(a) of title 5 of the United States Code pursu- (B) by striking ‘‘not more than’’. Section 16(c)(1) of the Food and Nutrition Act ant to section 552(b)(3)(B) of title 5 of the United SEC. 4025. INCENTIVIZING TECHNOLOGY MOD- of 2008 (7 U.S.C. 2025(c)(1)) is amended— States Code. The Secretary shall limit the use or ERNIZATION. (1) in subparagraph (A)(ii)— disclosure of information obtained under this Section 11(t) of the Food and Nutrition Act of (A) in subclause (I) by striking ‘‘and’’ at the subsection in a manner consistent with section 2008 (7 U.S.C. 2020(t)) is amended— end, 9(c). (1) by striking the heading and inserting (B) in subclause (II)— ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— ‘‘GRANTS FOR SIMPLIFIED SUPPLEMENTAL NUTRI- (i) by striking ‘‘fiscal year thereafter’’ and in- There are authorized to be appropriated TION ASSISTANCE PROGRAM APPLICATION AND serting ‘‘of the fiscal years 2015 through 2017’’, $10,500,000 for fiscal year 2019, and $9,500,000 for ELIGIBILITY DETERMINATION SYSTEMS’’, and each of the fiscal years 2020 through 2023, to (2) in paragraph (1) by striking ‘‘implement— (ii) by striking the period at the end and in- carry out this subsection. Not more than ’’ and all that follows through the period at the serting ‘‘; and’’, and $1,000,000 of the funds appropriated under this end, and inserting ‘‘implement simplified supple- (C) by adding at the end the following: paragraph may be used for the feasibility study mental nutrition assistance program application ‘‘(III) for each fiscal year thereafter, $0.’’, under paragraph (5)(B). and eligibility determination systems.’’, and and

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00107 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4088 CONGRESSIONAL RECORD — HOUSE May 16, 2018 (2) in subparagraph (C) by striking ‘‘fiscal SEC. 4031. AUTHORIZATION OF APPROPRIATIONS. ‘‘(A) to the extent practicable, provide for the year 2004’’ and all that follows through ‘‘sec- The 1st sentence of section 18(a)(1) of the employment and training of professional and ond’’, and inserting ‘‘any of the fiscal years Food and Nutrition Act of 2008 (7 U.S.C. paraprofessional aides from the target popu- 2004 through 2018 for which the Secretary deter- 2027(a)(1)) is amended by striking ‘‘2018’’ and lation to engage in direct nutrition education; mines that for the second or subsequent con- inserting ‘‘2023’’. and secutive fiscal year, and with respect to fiscal SEC. 4032. EMERGENCY FOOD ASSISTANCE. ‘‘(B) partner with other public and private en- year 2019 and any fiscal year thereafter for Section 27(a) of the Food and Nutrition Act of tities as appropriate to optimize program deliv- which the Secretary determines that for the 2008 (7 U.S.C. 2036(a)) is amended— ery.’’, third’’. (1) in paragraph (1) by striking ‘‘2018’’ and (B) in paragraph (2)— SEC. 4029. STATE PERFORMANCE INDICATORS. inserting ‘‘2023’’, (i) by amending subparagraph (A) to read as Section 16(d) of the Food and Nutrition Act of (2) in paragraph (2)— follows: 2008 (7 U.S.C. 2025(d)) is amended— (A) in subparagraph (C) by striking ‘‘2018’’ ‘‘(A) IN GENERAL.—A State agency, in con- (1) by striking the heading and inserting and inserting ‘‘2023’’, sultation with eligible institutions that provide ‘‘STATE PERFORMANCE INDICATORS’’, (B) in subparagraph (D)— nutrition education and obesity prevention serv- (2) in paragraph (2)— (i) by striking ‘‘2018’’ the 1st place it appears ices under this subsection, shall submit to the (A) in the heading by striking ‘‘AND THERE- and inserting ‘‘2019’’, Secretary for approval a nutrition education AFTER’’ and inserting ‘‘THROUGH 2017’’, (ii) in clause (iii) by striking ‘‘and’’ at the State plan.’’, (B) in subparagraph (A) by striking ‘‘and end, and (ii) in subparagraph (B) by striking ‘‘Except each fiscal year thereafter’’ and inserting (iii) by adding at the end the following: as provided in subparagraph (C), a’’ and insert- ‘‘through fiscal year 2017’’, and ‘‘(v) for fiscal year 2019, $60,000,000; and’’, ing ‘‘A’’, and (C) in subparagraph (B) by striking ‘‘and and (iii) by striking subparagraph (C), each fiscal year thereafter’’ and inserting (C) in subparagraph (E)— (C) in paragraph (3)— ‘‘through fiscal year 2017’’, and (i) by striking ‘‘2019’’ and inserting ‘‘2020’’, (i) in subparagraph (A)— (3) by adding at the end the following: (ii) by striking ‘‘(D)(iv)’’ and inserting (I) by striking ‘‘A State agency’’ and inserting ‘‘(6) FISCAL YEAR 2018 AND FISCAL YEARS ‘‘(D)(v)’’, and ‘‘An eligible institution’’, and THEREAFTER.—With respect to fiscal year 2018 (iii) by striking ‘‘2017’’ and inserting ‘‘2018’’, (II) by inserting ‘‘the Director of the National and each fiscal year thereafter, the Secretary and Institute of Food and Agriculture and’’ after shall establish, by regulation, performance cri- (3) by adding at the end the following: ‘‘by’’, and teria relating to— ‘‘(4) FARM-TO-FOOD-BANK FUND.—From (ii) in subparagraph (B) by inserting ‘‘the Di- ‘‘(A) actions taken to correct errors, reduce amounts made available under subparagraphs rector of the National Institute of Food and Ag- rates of error, and improve eligibility determina- (D) and (E) of paragraph (2), the Secretary riculture and’’ after ‘‘education,’’, and tions; and shall distribute $20,000,000 in accordance with (D) in paragraph (4) by inserting ‘‘and eligible ‘‘(B) other indicators of effective administra- section 214 of the Emergency Food Assistance institutions’’ after ‘‘agencies’’, and tion determined by the Secretary.’’. Act of 1983 (7 U.S.C. 7515) that States shall use (E) in paragraph (5) by striking ‘‘State agen- SEC. 4030. PUBLIC-PRIVATE PARTNERSHIPS. to procure or enter into agreements with a food cy’’ and inserting ‘‘eligible institutions’’, Section 17 of the Food and Nutrition Act of bank to procure excess fresh fruits and vegeta- (4) in subsection (d)— 2008 (7 U.S.C. 2026) is amended by adding at the bles grown in the State, or surrounding regions (A) in paragraph (1)— end the following: in the United States, to be provided to eligible (i) in the heading by striking ‘‘IN GENERAL’’ ‘‘(m) PILOT PROJECTS TO ENCOURAGE THE USE recipient agencies as defined in section 201A(3) and inserting ‘‘BASIC FUNDING’’, OF PUBLIC-PRIVATE PARTNERSHIPS COMMITTED of the Emergency Food Assistance Act of 1983 (7 (ii) by striking ‘‘to State agencies’’, TO ADDRESSING FOOD INSECURITY.— U.S.C. 7501(3)).’’. (iii) in subparagraph (E) by striking ‘‘and’’ at ‘‘(1) IN GENERAL.—The Secretary may, on ap- SEC. 4033. NUTRITION EDUCATION. the end, plication, permit not more than 10 eligible enti- (a) NUTRITION EDUCATION AND OBESITY PRE- (iv) in subparagraph (F)— ties to carry out pilot projects to support public- VENTION GRANT PROGRAM.—Section 28 of the (I) by striking ‘‘year 2016 and each subsequent private partnerships that address food insecu- Food and Nutrition Act of 2008 (7 U.S.C. 2036a) fiscal year’’ and inserting ‘‘years 2016 through rity and poverty. is amended— 2018’’, and ‘‘(2) DEFINITION.—For purposes of this sub- (1) by amending subsection (a) to read as fol- (II) by striking the period at the end and in- section, an ‘eligible entity’ means— lows: serting a semicolon, and ‘‘(A) a State; ‘‘(a) DEFINITIONS.—As used in this section: (v) by adding at the end the following: ‘‘(B) a unit of local government; ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible ‘‘(G) for fiscal year 2019, $485,000,000; and ‘‘(C) a nonprofit organization; individual’ means an individual who is eligible ‘‘(H) for fiscal year 2020 and each subsequent ‘‘(D) a community-based organization; and to receive benefits under a nutrition education fiscal year, the applicable amount during the ‘‘(E) an institution of higher education. and obesity prevention program under this sec- preceding fiscal year, as adjusted to reflect any ‘‘(3) PROJECT REQUIREMENTS.—Projects ap- tion as a result of being— increases for the 12-month period ending the proved under this subsection shall be limited to ‘‘(A) an individual eligible for benefits preceding June 30 in the Consumer Price Index 2 years in length and evaluate the impact of the under— for All Urban Consumers published by the Bu- ability of eligible entities to— ‘‘(i) this Act; reau of Labor Statistics of the Department of ‘‘(A) improve the effectiveness and impact of ‘‘(ii) sections 9(b)(1)(A) and 17(c)(4) of the Labor.’’, the supplemental nutrition assistance program; Richard B Russell National School Lunch Act (B) in paragraph (2)— ‘‘(B) develop food security solutions that are (42 U.S.C. 1758(b)(1)(A), 1766(c)(4)); or (i) in subparagraph (A)— contextualized to the needs of a community or ‘‘(iii) section 4(e)(1)(A) of the Child Nutrition (I) by inserting ‘‘and appropriated under the region; and Act of 1966 (42 U.S.C. 1773(e)(1)(A)); authority of paragraph (2)’’ after ‘‘paragraph ‘‘(C) strengthen the capacity of communities ‘‘(B) an individual who resides in a commu- (1)’’, and to address food insecurity and poverty. nity with a significant low-income population, (II) in clause (ii)— ‘‘(4) REPORTING.—Participating entities shall as determined by the Secretary; or (aa) by inserting ‘‘(as that section existed on report annually to the Secretary who shall sub- ‘‘(C) such other low-income individual as is the day before the date of the enactment of the mit a final report to the Committee on Agri- determined to be eligible by the Secretary. Agriculture and Nutrition Act of 2018)’’ after culture of the House of Representatives and the ‘‘(2) ELIGIBLE INSTITUTION.—The term ‘eligible ‘‘(B)’’ and Committee on Agriculture, Nutrition, and For- institution’ includes any ‘1862 Institution’ or (bb) in subclause (V) by striking ‘‘and each estry of the Senate. Such report shall include— ‘1890 Institution’, as defined in section 2 of the fiscal year thereafter’’, and ‘‘(A) a summary of the activities conducted Research, Extension, and Education Reform Act (ii) by amending subparagraph (B) to read as under the pilot projects; of 1998 (7 U.S.C. 7601).’’, follows: ‘‘(B) an assessment of the effectiveness of the (2) in subsection (b) by striking ‘‘Consistent ‘‘(C) REALLOCATION.—If the Secretary deter- pilot projects; and with the terms and conditions of grants award- mines that an eligible institution will not ex- ‘‘(C) best practices regarding the use of pub- ed under this section, State agencies may’’ and pend all of the funds allocated to the eligible in- lic-private partnerships to improve the effective- inserting ‘‘The Secretary, acting through the stitution for a fiscal year under paragraph (1) ness of public benefit programs to address food Director of the National Institute of Food and or in the case of an eligible institution that insecurity and poverty. Agriculture, in consultation with the Adminis- elects not to receive the entire amount of funds ‘‘(5) AUTHORIZATION AND ADVANCE AVAIL- trator of the Food and Nutrition Service, shall’’, allocated to the eligible institution for a fiscal ABILITY OF APPROPRIATIONS.— (3) in subsection (c)— year, the Secretary shall reallocate the unex- ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— (A) by amending paragraph (1) to read as fol- pended funds to other eligible institutions dur- There is authorized to be appropriated to carry lows: ing the fiscal year or the subsequent fiscal year out this subsection $5,000,000 to remain avail- ‘‘(1) IN GENERAL.—Consistent with the terms (as determined by the Secretary) that have ap- able until expended. and conditions of grants awarded under this proved State plans under which the eligible in- ‘‘(B) APPROPRIATION IN ADVANCE.—Only section, eligible institutions shall deliver nutri- stitutions may expend the reallocated funds.’’, funds appropriated under subparagraph (A) in tion education and obesity prevention services and advance specifically to carry out this subsection under a program described in subsection (b) (iii) by inserting after subparagraph (A) the shall be available to carry out this subsection.’’. that— following:

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‘‘(B) SUBSEQUENT ALLOCATION.—Of the funds (6) in section 15(e) by striking ‘‘exchange’’ ‘‘(4) WAIVER AUTHORITY.—In the case of a set aside under paragraph (1) and appropriated and all that follows through ‘‘anything’’, and qualified beginning farmer or rancher, the Sec- under the authority of paragraph (2) for fiscal inserting ‘‘exchange for benefits, or anything’’, retary may— year 2019 and each fiscal year thereafter, 100 (7) in section 17(b)(1)(B)(iv)— ‘‘(A) reduce the 3-year requirement in para- percent shall be allocated to eligible institutions (A) in subclause (III)(aa) by striking ‘‘3(n)’’ graph (1) to— pro rata based on the respective share of each and inserting ‘‘3(m)’’, and ‘‘(i) 2 years, if the farmer or rancher has— State of the number of individuals participating (B) in subclause (VII) by striking ‘‘7(i)’’ and ‘‘(I) 16 credit hours of post-secondary edu- in the supplemental nutrition assistance pro- inserting ‘‘7(h)’’, cation in a field related to agriculture; (8) in section 25(a)(1)(B)(i)(I) by striking the ‘‘(II) at least 1 year of direct substantive man- gram during the 12-month period ending the 2d semicolon at the end, and agement experience in a business; preceding January 31, as determined by the Sec- (9) in section 26(b) by striking ‘‘out’’ and all ‘‘(III) been honorably discharged from the retary.’’, that follows through ‘‘(referred’’, and inserting armed forces of the United States; (C) by redesignating paragraphs (2) and (3) as ‘‘out a simplified supplemental nutrition assist- ‘‘(IV) successfully repaid a youth loan made paragraphs (3) and (4), respectively, ance program (referred’’. under section 311(b); or (D) by inserting after paragraph (1) the fol- SEC. 4036. IMPLEMENTATION FUNDS. ‘‘(V) an established relationship with an indi- lowing: Out of any funds made available under sec- vidual participating as a counselor in a Service ‘‘(2) AUTHORIZATION AND ADVANCE AVAIL- tion 18(a) of the Food and Nutrition Act of 2008 Corps of Retired Executives program authorized ABILITY OF APPROPRIATIONS.— (7 U.S.C. 2027(a)) for fiscal year 2019, the Sec- under section 8(b)(1)(B) of the Small Business ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— retary shall use to carry out the amendments Act (15 U.S.C. 637(b)(1)(B)), or with a local farm There is authorized to be appropriated to carry made by this subtitle $150,000,000, to remain or ranch operator or organization, approved by out this section $65,000,000 for each of the fiscal available until expended. the Secretary, that is committed to mentoring years 2019 through 2023. the farmer or rancher; or Subtitle B—Commodity Distribution ‘‘(B) APPROPRIATION IN ADVANCE.—Except as ‘‘(ii) 1 year, if the farmer or rancher has mili- Programs provided in subparagraph (C), only funds ap- tary leadership or management experience from propriated under subparagraph (A) in advance SEC. 4101. COMMODITY DISTRIBUTION PROGRAM. having completed an acceptable military leader- specifically to carry out this section shall be The 1st sentence of section 4(a) of the Agri- ship course; or available to carry out this section. culture and Consumer Protection Act of 1973 (7 ‘‘(B) waive the 3-year requirement in para- ‘‘(C) OTHER FUNDS.—Funds appropriated U.S.C. 612c note) is amended by striking ‘‘2018’’ graph (1) if the farmer or rancher— under this paragraph shall be in addition to and inserting ‘‘2023’’. ‘‘(i) meets a requirement of subparagraph funds made available under paragraph (1).’’, SEC. 4102. COMMODITY SUPPLEMENTAL FOOD (A)(i) (other than subclause (V) thereof) and and PROGRAM. meets the requirement of subparagraph (A)(ii); (E) by inserting after paragraph (4), as so re- Section 5 of the Agriculture and Consumer and designated, the following: Protection Act of 1973 (7 U.S.C. 612c note) is ‘‘(ii) meets the requirement of subparagraph ‘‘(5) ADMINISTRATIVE COSTS.—Not more than amended— (A)(i)(V).’’. (1) in subsection (a)— 10 percent of the funds allocated to eligible in- SEC. 5102. CONSERVATION LOAN AND LOAN (A) in paragraph (1) by striking ‘‘2018’’ and stitutions may be used by the eligible institu- GUARANTEE PROGRAM. inserting ‘‘2023’’, and tions for administrative costs.’’, and Section 304(h) of the Consolidated Farm and (B) in paragraph (2) by striking ‘‘2018’’ and Rural Development Act (7 U.S.C. 1924(h)) is (5) in subsection (e) by striking ‘‘January 1, inserting ‘‘2023’’, and 2012’’ and inserting ‘‘18 months after the date of amended— (2) in subsection (d)(2) by striking ‘‘2018’’ and (1) by striking ‘‘$150,000,000’’ and inserting the enactment of the Agriculture and Nutrition inserting ‘‘2023’’. ‘‘$75,000,000’’; and Act of 2018’’. SEC. 4103. DISTRIBUTION OF SURPLUS COMMOD- (2) by striking ‘‘2018’’ and inserting ‘‘2023’’. (b) RELATED AMENDMENT.—Section ITIES TO SPECIAL NUTRITION SEC. 5103. FARM OWNERSHIP LOAN LIMITS. 18(a)(3)(A)(ii) of the Food and Nutrition Act of PROJECTS. Section 305(a) of the Consolidated Farm and 2008 (7 U.S.C. 2027(a)(3)(A)(ii)) is amended by Section 1114(a)(2)(A) of the Agriculture and Rural Development Act (7 U.S.C. 1925(a)) is striking ‘‘, such as the expanded food and nutri- Food Act of 1981 (7 U.S.C. 1431e(a)(2)(A)) is amended— tion education program’’. amended by striking ‘‘2018’’ and inserting (1) by striking ‘‘$700,000’’ and inserting SEC. 4034. RETAIL FOOD STORE AND RECIPIENT ‘‘2023’’. ‘‘$1,750,000’’; and TRAFFICKING. Subtitle C—Miscellaneous (2) by striking ‘‘2000’’ and inserting ‘‘2019’’. Section 29(c)(1) of the Food and Nutrition Act SEC. 4201. PURCHASE OF FRESH FRUITS AND Subtitle B—Operating Loans of 2008 (7 U.S.C. 2036b(c)(1)) is amended by VEGETABLES FOR DISTRIBUTION TO SEC. 5201. LIMITATIONS ON AMOUNT OF OPER- SCHOOLS AND SERVICE INSTITU- striking ‘‘2018’’ and inserting ‘‘2023’’. ATING LOANS. TIONS. SEC. 4035. TECHNICAL CORRECTIONS. Section 313(a)(1) of the Consolidated Farm Section 10603(b) of the Farm Security and The Food and Nutrition Act of 2008 (7 U.S.C. and Rural Development Act (7 U.S.C. 1943(a)(1)) Rural Investment Act of 2002 (7 U.S.C. 612c-4(b)) 2011 et seq.) is amended— is amended— is amended by striking ‘‘2018’’ and inserting (1) in section 3— (1) by striking ‘‘$700,000’’ and inserting ‘‘2023’’. (A) in subsections (d) and (i) by striking ‘‘$1,750,000’’; and ‘‘7(i)’’ and inserting ‘‘7(h)’’, and SEC. 4202. SENIORS FARMERS’ MARKET NUTRI- (2) by striking ‘‘2000’’ and inserting ‘‘2019’’. TION PROGRAM. SEC. 5202. MICROLOANS. (B) in subsection (o)(1)(A) by striking ‘‘(r)(1)’’ Section 4402(a) of the Farm Security and Section 313(c)(2) of the Consolidated Farm and inserting ‘‘(q)(1)’’, Rural Investment Act of 2002 (7 U.S.C. 3007(a)) and Rural Development Act (7 U.S.C. 1943(c)(2)) (2) in section 5(a) by striking ‘‘and section’’ is amended by striking ‘‘2018’’ and inserting is amended by striking ‘‘title’’ and inserting each place it appears and all that follows ‘‘2023’’. through ‘‘households’’ the respective next place ‘‘subsection’’. SEC. 4203. HEALTHY FOOD FINANCING INITIA- it appears, and inserting ‘‘and section 3(m)(4), TIVE. Subtitle C—Administrative Provisions households’’, Section 243(d) of the Department of Agri- SEC. 5301. BEGINNING FARMER AND RANCHER IN- (3) in subsections (e)(1) and (f)(1)(A)(i) of sec- culture Reorganization Act of 1994 (7 U.S.C. DIVIDUAL DEVELOPMENT AC- tion 8 by striking ‘‘3(n)(5)’’ and inserting 6953) is amended by striking ‘‘until expended’’ COUNTS PILOT PROGRAM. ‘‘3(m)(5)’’, and inserting ‘‘until October 1, 2023’’. Section 333B(h) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b(h)) is (4) in the 1st sentence of section 10— SEC. 4204. AMENDMENTS TO THE FRUIT AND VEG- (A) by striking ‘‘or the Federal Savings and ETABLE PROGRAM. amended by striking ‘‘2018’’ and inserting Loan Insurance Corporation’’ each place it ap- Section 19 of the Richard B. Russell National ‘‘2023’’. pears, and School Lunch Act (42 U.S.C. 1769a) is amend- SEC. 5302. LOAN AUTHORIZATION LEVELS. (B) by striking ‘‘3(p)(4)’’ and inserting ed— Section 346(b)(1) of the Consolidated Farm ‘‘3(o)(4)’’, (1) in the section heading, by striking and Rural Development Act (7 U.S.C. 1994(b)(1)) (5) in section 11— ‘‘FRESH’’ ; is amended in the matter preceding subpara- (A) in subsection (a)(2) by striking ‘‘3(t)(1)’’ (2) in subsection (a), by inserting ‘‘, canned, graph (A) by striking ‘‘2018’’ and inserting and inserting ‘‘3(s)(1)’’, and dried, frozen, or pureed’’ after ‘‘fresh’’; ‘‘2023’’. (B) in subsection (d)— (3) in subsection (b), by inserting ‘‘, canned, SEC. 5303. LOAN FUND SET-ASIDES. (i) by striking ‘‘3(t)(1)’’ each place it appears dried, frozen, or pureed’’ after ‘‘fresh’’; and Section 346(b)(2)(A)(ii)(III) of the Consoli- and inserting ‘‘3(s)(1)’’, and (4) in subsection (e), by inserting ‘‘, canned, dated Farm and Rural Development Act (7 (ii) by striking ‘‘3(t)(2)’’ each place it appears dried, frozen, or pureed’’ after ‘‘fresh’’. U.S.C. 1994(b)(2)(A)(ii)(III)) is amended by strik- and inserting ‘‘3(s)(2)’’, TITLE V—CREDIT ing ‘‘2018’’ and inserting ‘‘2023’’. (C) in subsection (e)— Subtitle A—Farm Ownership Loans Subtitle D—Technical Corrections to the Con- (i) in paragraph (17) by striking ‘‘3(t)(1)’’ in- SEC. 5101. MODIFICATION OF THE 3-YEAR EXPERI- solidated Farm and Rural Development Act serting ‘‘3(s)(1)’’, and ENCE ELIGIBILITY REQUIREMENT SEC. 5401. TECHNICAL CORRECTIONS TO THE (ii) in paragraph (23) by striking ‘‘Simplified FOR FARM OWNERSHIP LOANS. CONSOLIDATED FARM AND RURAL Supplemental Nutrition Assistance Program’’ Section 302(b) of the Consolidated Farm and DEVELOPMENT ACT. and inserting ‘‘simplified supplemental nutrition Rural Development Act (7 U.S.C. 1922(b)) is (a)(1) Section 310E(d)(3) of the Consolidated assistance program’’, amended by adding at the end the following: Farm and Rural Development Act (7 U.S.C.

VerDate Sep 11 2014 07:14 May 17, 2018 Jkt 079060 PO 00000 Frm 00109 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4090 CONGRESSIONAL RECORD — HOUSE May 16, 2018 1935(d)(3)) is amended by inserting ‘‘and so- (1) in the 3rd sentence, by striking ‘‘and a (B) by striking subsection (b). cially disadvantaged farmers or ranchers’’ after Central Bank for Cooperatives’’; and (2) Section 1.1(c) of such Act (12 U.S.C. ‘‘ranchers’’ the second place it appears. (2) by striking the 5th sentence. 2001(c)) is amended by striking ‘‘including any (2) The amendment made by this subsection (d) Section 3.2(a)(1) of such Act (12 U.S.C. costs of defeasance under section 4.8(b),’’. shall take effect as if included in the enactment 2123(a)(1)) is amended— (v) Section 4.9(d)(2) of such Act (12 U.S.C. of section 5004(4)(A)(i) of the Food, Conserva- (1) by striking ‘‘not merged into the United 2160(d)(2)) is amended to read as follows: tion, and Energy Act of 2008 (Public Law 110– Bank for Cooperatives or the National Bank for ‘‘(2) REPRESENTATION ON BOARD.—The Farm 246) in lieu of the amendment made by such sec- Cooperatives’’; and Credit System Insurance Corporation shall have tion. (2) by adding at the end the following: ‘‘Sec- no representation on the board of directors of (b)(1) Section 321(a) of the Consolidated Farm tion 7.12(c) shall apply to the board of directors the Corporation.’’. and Rural Development Act (7 U.S.C. 1961(a)) is of a merged bank for cooperatives.’’. (w) Section 4.9 of such Act (12 U.S.C. 2160) is amended in the second sentence by striking (e) Section 3.2(a)(2)(A) of such Act (12 U.S.C. amended by striking subsection (e) and redesig- ‘‘and limited liability companies’’ and inserting 2123(a)(2)(A)) is amended by striking ‘‘(other nating subsection (f) as subsection (e). ‘‘limited liability companies, and such other than the National Bank for Cooperatives)’’. (x) Section 4.9A(c) of such Act (12 U.S.C. legal entities’’. (f) Section 3.2 of such Act (12 U.S.C. 2123) is 2162(c)) is amended to read as follows: (2) The amendment made by this subsection amended— ‘‘(c) INABILITY TO RETIRE STOCK AT PAR shall take effect as if included in the enactment (1) by striking subsection (b); VALUE.—If an institution is unable to retire eli- of section 5201 of the Agricultural Act of 2014 (2) in subsection (a)(2)(B), by striking ‘‘para- gible borrower stock at par value due to the liq- (Public Law 113–79) in lieu of the amendment graph’’ and inserting ‘‘subsection’’; uidation of the institution, the Farm Credit Sys- made by such section. (3) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’; tem Insurance Corporation, acting as receiver, (c)(1) Section 331D(e) of the Consolidated (4) by striking ‘‘(2)(A)’’ and inserting ‘‘(b)(1)’’; shall retire such stock at par value as would Farm and Rural Development Act (7 U.S.C. (5) by striking ‘‘(i)’’ and inserting ‘‘(A)’’; have been retired in the ordinary course of busi- 1981d(e)) is amended by inserting after ‘‘within (6) by striking ‘‘(ii)’’ and inserting ‘‘(B)’’; and ness of the institution. The Farm Credit System 60 days after receipt of the notice required in (7) by striking ‘‘(B)’’ and inserting ‘‘(2)’’. Insurance Corporation shall make use of suffi- this section’’ the following: ‘‘or, in extraor- (g) Section 3.5 of such Act (12 U.S.C. 2126) is cient funds from the Farm Credit Insurance dinary circumstances as determined by the ap- amended by striking ‘‘district’’. Fund to carry out this section.’’. plicable State director, after the 60-day period’’. (h) Section 3.7(a) of such Act (12 U.S.C. (y) Section 4.12A(a)(1) of such Act (12 U.S.C. (2) The amendment made by this subsection 2128(a)) is amended by striking the second sen- 2184(a)(1)) is amended to read as follows: shall take effect as if included in the enactment tence. ‘‘(1) IN GENERAL.—Every Farm Credit System of section 10 of the Agricultural Credit Improve- (i) Section 3.8(b)(1)(A) of such Act (12 U.S.C. bank or association shall provide a current list ment Act of 1992 (Public Law 102–554). 2129(b)(1)(A)) is amended by inserting ‘‘(or suc- of its stockholders, within 7 calendar days after (d)(1) Section 333A(f)(1)(A) of the Consoli- cessor agency)’’ after ‘‘Rural Electrification Ad- receipt of a written request by a stockholder, to dated Farm and Rural Development Act (7 ministration’’. the requesting stockholder.’’. (z) Section 4.14A(a) of such Act (12 U.S.C. U.S.C. 1983a(f)(1)(A)) is amended by striking (j) Section 3.9(a) of such Act (12 U.S.C. 2202a(a)) is amended by inserting ‘‘and section ‘‘114’’ and inserting ‘‘339’’. 2130(a)) is amended by striking the 3rd sentence. 4.36’’ after ‘‘As used in this part’’. (2) The amendment made by this subsection (k) Section 3.10(c) of such Act (12 U.S.C. (aa)(1) Section 4.14A of such Act (12 U.S.C. shall take effect as if included in the enactment 2131(c)) is amended by striking the second sen- 2202a) is amended— of section 14 of the Agricultural Credit Improve- tence. (l) Section 3.10(d) of such Act (12 U.S.C. (A) in subsection (l), by striking ‘‘production ment Act of 1992 (Public Law 102–554). credit’’; and (e) Section 339(d)(3) of the Consolidated Farm 2131(d)) is amended— (1) by striking ‘‘district’’ each place it ap- (B) by striking subsection (h) and redesig- and Rural Development Act (7 U.S.C.1989(d)(3)) nating subsections (i) through (l) as subsections is amended by striking ‘‘preferred certified lend- pears; and (2) by inserting ‘‘for cooperatives or successor (h) through (k), respectively. er’’ and inserting ‘‘Preferred Certified Lender’’. (2)(A) Section 5.31 of such Act (12 U.S.C. 2267) (f)(1) Section 343(a)(11)(C) of the Consolidated bank’’ before ‘‘on account of such indebtedness’’. is amended by striking ‘‘4.14A(i)’’ and inserting Farm and Rural Development Act (7 U.S.C. ‘‘4.14A(h)’’. 1991(a)(11)(C)) is amended by striking ‘‘or joint (m) Section 3.11 of such Act (12 U.S.C. 2132) is amended— (B) Section 5.32(h) of such Act (12 U.S.C. operators’’ and inserting ‘‘joint operator, or 2268(h)) is amended by striking ‘‘4.14A(i)’’ and owners’’. (1) in subsection (a), by striking ‘‘subsections (b) and (c)’’ and inserting ‘‘subsection (b)’’; inserting ‘‘4.14A(h)’’. (2) The amendment made by this subsection (bb)(1) Section 4.14C of such Act (12 U.S.C. shall take effect as of the effective date of sec- (2) in subsection (b)— (A) by striking ‘‘district’’; and 2202c) is repealed. tion 5303(a)(2) of the Agricultural Act of 2014. (B) by striking ‘‘Except as provided in sub- (2)(A) Section 4.14A(a)(5)(B)(ii)(I) of such Act (g)(1) Section 343(b) of the Consolidated Farm section (c) below, all’’ and inserting ‘‘All’’; and (12 U.S.C. 2202a(a)(5)(B)(ii)(I)) is amended by and Rural Development Act (7 U.S.C. 1991(b)) is (3) by striking subsection (c) and redesig- striking ‘‘4.14C,’’. amended by striking ‘‘307(e)’’ and inserting (B) Section 8.9 of such Act (12 U.S.C. 2279aa– nating subsections (d) through (f) as subsections ‘‘307(d)’’. 9) is amended by striking ‘‘4.14C,’’ each place it (c) through (e), respectively. (2) The amendment made by paragraph (1) (n) The heading for part B of title III of such appears. shall take effect as if included in the enactment (cc) Section 4.17 of such Act (12 U.S.C. 2205) Act is amended by striking ‘‘UNITED AND’’. of section 5004 of the Agricultural Act of 2014 is amended by striking ‘‘Federal intermediate (o) Section 3.20(a) of such Act (12 U.S.C. (Public Law 113–79). credit banks and’’. 2141(a)) is amended by striking ‘‘or the United (h) Section 346(a) of the Consolidated Farm (dd) Section 4.19(a) of such Act (12 U.S.C. Bank for Cooperatives, as the case may be’’. and Rural Development Act (7 U.S.C.1994(a)) is 2207(a)) is amended— (p) Section 3.20(b) of such Act (12 U.S.C. amended by striking the last comma. (1) by striking ‘‘district’’; 2141(b)) is amended by striking ‘‘the district (2) by striking ‘‘Federal land bank association Subtitle E—Amendments to the Farm Credit banks for cooperatives and the Central Bank for Act of 1971 and production credit’’; and Cooperatives’’ and inserting ‘‘all constituent (3) by striking ‘‘units’’ and inserting ‘‘institu- SEC. 5501. ELIMINATION OF OBSOLETE REF- banks referred to in section 413 of the Agricul- tions’’. ERENCES. tural Credit Act of 1987’’. (ee) Section 4.38 of such Act (12 U.S.C. 2219c) (a) Section 1.2(a) of the Farm Credit Act of (q) Section 3.21 of such Act (12 U.S.C. 2142) is is amended by striking ‘‘The Assistance Board 1971 (12 U.S.C. 2002(a)) is amended to read as repealed. established under section 6.0 and all’’ and in- follows: (r) Section 3.28 of such Act (12 U.S.C. 2149) is serting ‘‘All’’. ‘‘(a) COMPOSITION.—The Farm Credit System amended by striking ‘‘a district bank for co- (ff) Section 5.17(a)(2) of such Act (12 U.S.C. shall include the Farm Credit Banks, banks for operatives and the Central Bank for Coopera- 2252(a)(2)) is amended by striking the second cooperatives, Agricultural Credit Banks, the tives’’ and inserting ‘‘its constituent banks re- and 3rd sentences. Federal land bank associations, the Federal ferred to in section 413 of the Agricultural Cred- (gg) Section 5.18 of such Act (12 U.S.C. 2253) land credit associations, the production credit it Act of 1987’’. is repealed. associations, the Agricultural Credit Associa- (s) Section 3.29 of such Act (12 U.S.C. 2150) is (hh) Section 5.19(a) of such Act (12 U.S.C. tions, the Federal Farm Credit Banks Funding repealed. 2254(a)) is amended— Corporation, the Federal Agricultural Mortgage (t)(1) Section 4.0 of such Act (12 U.S.C. 2151) (1) by striking ‘‘Except for Federal land bank Corporation, service corporations established is repealed. associations, each’’ and inserting ‘‘Each’’; and pursuant to section 4.25 of this Act, and such (2) Section 5.60(b) of such Act (12 U.S.C. (2) by striking the second sentence. other institutions as may be made a part of the 2277a-9(b)) is amended to read as follows: (ii) Section 5.19(b) of such Act (12 U.S.C. System, all of which shall be chartered by and ‘‘(b) AMOUNTS IN FUND.—The Corporation 2254(b)) is amended— subject to regulation by the Farm Credit Admin- shall deposit in the Insurance Fund all premium (1) in the second sentence of paragraph (1), by istration.’’. payments received by the Corporation under striking ‘‘except with respect to any actions (b) Section 2.4 of such Act (12 U.S.C. 2075) is this part.’’. taken by any banks of the System under section amended by striking subsection (d). (u)(1) Section 4.8 of such Act (12 U.S.C. 2159) 4.8(b),’’; (c) Section 3.0 of such Act (12 U.S.C. 2121) is is amended— (2) by striking the third sentence of paragraph amended— (A) by striking ‘‘(a)’’; and (1);

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00110 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4091 (3) by striking ‘‘(b)(1)’’ and inserting ‘‘(b)’’; to banks, other financial entities, insurance ‘‘SEC. 5.31A. SCOPE OF JURISDICTION. and companies, and System institutions under such ‘‘(a) For purposes of sections 5.25, 5.26, and (4) by striking paragraphs (2) and (3). terms and conditions as the Board may adopt. 5.33, the jurisdiction of the Farm Credit Admin- (jj) Section 5.35(4) of such Act (12 U.S.C. The voting stock shall be fairly and broadly of- istration over parties, and the authority of the 2271(4)) is amended— fered to ensure that no institution or institu- Farm Credit Administration to initiate actions, (1) in subparagraph (C)— tions acquire a disproportionate amount of the shall include enforcement authority over insti- (A) by striking ‘‘after December 31, 1992,’’; total amount of voting common stock out- tution-affiliated parties. and standing of a class and that capital contribu- ‘‘(b) The resignation, termination of employ- (B) by striking ‘‘by the Farm Credit System tions and issuances of voting common stock for ment or participation, or separation of an insti- Assistance Board under section 6.6 or’’; and the contributions are fairly distributed between tution-affiliated party (including a separation (2) by striking subparagraph (B) and redesig- entities eligible to hold Class A and Class B caused by the merger, consolidation, con- nating subparagraph (C) as subparagraph (B). stock, as provided under this paragraph.’’; servatorship, or receivership of a System institu- (kk) Section 5.38 of such Act (12 U.S.C. 2274) (C) by striking ‘‘8.2(b)(2)(A)’’ and inserting tion) shall not affect the jurisdiction and au- is amended by striking ‘‘a farm credit district ‘‘8.2(a)(2)(A)’’; and thority of the Farm Credit Administration to board, bank board, or bank officer or employee (D) by striking ‘‘8.2(b)(2)(B)’’ and inserting issue any notice or order and proceed under this shall not remove any director or officer of any ‘‘8.2(a)(2)(B)’’. part against any such party, if the notice or production credit association or Federal land (uu)(1) Section 8.6 of such Act (12 U.S.C. order is served before the end of the 6-year pe- bank association’’ and inserting ‘‘a Farm Credit 2279aa–6) is amended by striking subsection (d) riod beginning on the date the party ceased to Bank board, officer, or employee shall not re- and redesignating subsection (e) as subsection be such a party with respect to the System insti- move any director or officer of any association’’. (d). tution (whether the date occurs before, on, or (ll) Section 5.44 of such Act (12 U.S.C. 2275) is (2)(A) Paragraph (7)(B)(i) of section 8.0 of after the date of the enactment of this sec- repealed. such Act (12 U.S.C. 2279aa), as redesignated by tion).’’. (mm) Section 5.58(2) of such Act (12 U.S.C. subsection (ss)(1), is amended by striking SEC. 5506. DEFINITION. 2277a–7) is amended by striking the second sen- ‘‘through (d)’’ and inserting ‘‘and (c)’’. Section 5.35 of the Farm Credit Act of 1971 (12 tence. (B) Section 8.33(b)(2)(A) of such Act (12 U.S.C. U.S.C. 2271) is amended— (nn) Subtitle A of title VI of such Act (12 2279bb–2(b)(2)(A)) is amended by striking (1) by striking ‘‘and’’ at the end of paragraph U.S.C. 2278a-2278a–11) is repealed. ‘‘8.6(e)’’ and inserting ‘‘8.6(d)’’. (3); and (oo) Title VI of such Act (12 U.S.C. 2278a- (vv) Section 8.32(a) of such Act (12 U.S.C. (2) by redesignating paragraph (4) as para- 2278b–11) is amended by adding at the end the 2279bb–1(a)) is amended by striking ‘‘Not sooner graph (5) and inserting after paragraph (3) the following: than the expiration of the 3-year period begin- following: ‘‘SEC. 6.32. TERMINATION OF AUTHORITY. ning on the date of enactment of the Farm Cred- ‘‘(4) the term ‘institution-affiliated party’ ‘‘The authority provided in this subtitle shall it System Reform Act of 1996, the’’ and inserting means— terminate on December 31, 2018.’’. ‘‘The’’. ‘‘(A) any director, officer, employee, share- (pp) Section 7.9 of such Act (12 U.S.C. 2279c– (ww) Section 8.35 of such Act (12 U.S.C. holder, or agent of a System institution; 2) is amended by striking subsection (c). 2279bb–4) is amended by striking subsection (e). ‘‘(B) any independent contractor (including (qq) Section 7.10(a)(4) of such Act (12 U.S.C. (xx) Section 8.38 of such Act (12 U.S.C. any attorney, appraiser, or accountant) who 2279d(a)(4)) is amended to read as follows: 2279bb–7) is repealed. knowingly or recklessly participates in— ‘‘(4) the institution pays to the Farm Credit ‘‘(i) any violation of law (including regula- SEC. 5502. CONFORMING REPEALS. tions) that is associated with the operations and Insurance Fund the amount by which the total (a) Sections 4, 5, 6, 7, 8, 14, and 15 of the Agri- capital of the institution exceeds 6 percent of activities of 1 or more institutions; cultural Marketing Act (12 U.S.C. 1141b, 1141c, ‘‘(ii) any breach of fiduciary duty; or the assets;’’. 1141d, 1141e, 1141f, 1141i, and 1141j) are re- ‘‘(iii) any unsafe or unsound practice, which (rr) Section 8.0(2) of such Act (12 U.S.C. pealed. caused or is likely to cause more than a minimal 2279aa(2)) is amended to read as follows: (b) The Act of June 22, 1939, (Chapter 239; 53 financial loss to, or a significant adverse effect ‘‘(2) BOARD.—The term ‘Board’ means the Stat. 853; 12 U.S.C. 1141d–1) is repealed. on, a System institution; and board of directors established under section (c) Section 201 of the Emergency Relief and ‘‘(C) any other person, as determined by the 8.2.’’. Construction Act of 1932 (12 U.S.C. 1148) is re- Farm Credit Administration (by regulation or on (ss)(1) Section 8.0 of such Act (12 U.S.C. pealed. a case-by-case basis) who participates in the 2279aa) is amended by striking paragraphs (6) (d) Section 2 of the Act of July 14, 1953, conduct of the affairs of a System institution; and (8), and redesignating paragraphs (7), (9), (Chapter 192; 67 Stat. 150; 12 U.S.C. 1148a–4) is and’’. and (10) as paragraphs (6) through (8), respec- repealed. SEC. 5507. EXPANSION OF ACREAGE EXCEPTION tively. (e) Sections 32 through 34 of the Farm Credit TO LOAN AMOUNT LIMITATION. (2)(A) Section 4.39 of such Act (12 U.S.C. Act of 1937 (12 U.S.C. 1148b, 1148c, and 1148d) (a) IN GENERAL.—Section 8.8(c)(2) of the Farm 2219d) is amended by striking ‘‘8.0(7)’’ and in- are repealed. Credit Act of 1971 (12 U.S.C. 2279aa–8(c)(2)) is serting ‘‘8.0(6)’’. (f) Sections 1 through 4 of the Act of March amended by striking ‘‘1,000’’ and inserting (B) Section 8.6(e)(2) of such Act (12 U.S.C. 3, 1932, (12 U.S.C. 1401 through 1404) are re- ‘‘2,000’’. 2279aa–6(e)(2)) is amended by striking ‘‘8.0(9)’’ pealed. (b) EFFECTIVE DATE.—The amendment made and inserting ‘‘8.0(7)’’. SEC. 5503. FACILITY HEADQUARTERS. by subsection (a) shall take effect 1 year after (C) Section 8.11(e) of such Act (12 U.S.C. Section 5.16 of the Farm Credit Act of 1971 (12 the date a report submitted in accordance with 2279aa–11(e)) is amended by striking ‘‘8.0(7)’’ U.S.C. 2251) is amended by striking all that pre- section 5602 of this Act indicates that it is fea- and inserting ‘‘8.0(6)’’. cedes ‘‘to the rental of quarters’’ and inserting sible to increase the acreage limitation in section (D) Section 8.32(a)(1)(B) of such Act (12 the following: 8.8(c)(2) of the Farm Credit Act of 1971 to 2,000 U.S.C. 2279bb–1(a)(1)(B)) is amended by striking acres. ‘‘8.0(9)(C)’’ and inserting ‘‘8.0(7)(C)’’. ‘‘SEC. 5.16. QUARTERS AND FACILITIES FOR THE FARM CREDIT ADMINISTRATION. SEC. 5508. COMPENSATION OF BANK DIRECTORS. (tt)(1) Section 8.2 of such Act (12 U.S.C. ‘‘(a) The Farm Credit Administration shall Section 4.21 of the Farm Credit Act of 1971 (12 2279aa-2) is amended— maintain its principal office within the Wash- U.S.C. 2209) is repealed. (A) in subsection (b)— (i) in the subsection heading, by striking ington D.C.-Maryland-Virginia standard metro- SEC. 5509. PROHIBITION ON USE OF FUNDS. politan statistical area, and such other offices Section 5.65 of the Farm Credit Act of 1971 (12 ‘‘PERMANENT BOARD’’ and inserting ‘‘BOARD OF within the United States as in its judgment are U.S.C. 2277a–14) is amended by adding at the DIRECTORS’’; (ii) by striking paragraph (1) and inserting necessary. end the following: ‘‘(e) PROHIBITION ON USES OF FUNDS RELATED the following: ‘‘(b) As an alternate’’. TO FEDERAL AGRICULTURAL MORTGAGE COR- ‘‘(1) ESTABLISHMENT.—The Corporation shall SEC. 5504. SHARING PRIVILEGED AND CONFIDEN- PORATION.—No funds from administrative ac- be under the management of the Board of Direc- TIAL INFORMATION. counts or from the Farm Credit System Insur- tors.’’; Section 5.19 of the Farm Credit Act of 1971 (12 ance Fund may be used by the Corporation to (iii) by striking paragraph (3) and redesig- U.S.C. 2254) is amended by adding at the end provide assistance to the Federal Agricultural nating paragraphs (4) through (10) as para- the following: Mortgage Corporation or to support any activi- graphs (3) through (9), respectively; and ‘‘(e) A System institution shall not be consid- (iv) by striking ‘‘permanent’’ each place it ap- ered to have waived the confidentiality of a ties related to the Federal Agricultural Mort- pears in paragraphs (2), and (3) through (9) (as privileged communication with an attorney or gage Corporation.’’. so redesignated); and accountant if the institution provides the con- Subtitle F—Miscellaneous (B) by striking subsection (a) and redesig- tent of the communication to the Farm Credit SEC. 5601. STATE AGRICULTURAL MEDIATION nating subsections (b) and (c) as subsections (a) Administration pursuant to the supervisory or PROGRAMS. and (b), respectively. regulatory authorities of the Farm Credit Ad- Section 506 of the Agricultural Credit Act of (2) Section 8.4(a)(1) of such Act (12 U.S.C. ministration.’’. 1987 (7 U.S.C. 5106) is amended by striking 2279aa–4) is amended— SEC. 5505. SCOPE OF JURISDICTION. ‘‘2018’’and inserting ‘‘2023’’. (A) by striking the 3rd sentence; Part C of title V of the Farm Credit Act of SEC. 5602. STUDY ON LOAN RISK. (B) by inserting after the 1st sentence the fol- 1971 (12 U.S.C. 2261–2274) is amended by insert- (a) STUDY.—The Farm Credit Administration lowing: ‘‘Voting common stock shall be offered ing after section 5.31 the following: shall conduct a study that—

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(1) analyzes and compares the financial risks ‘‘(B) EXCEPTION.—In the case of a fiscal year ices, shall make competitive grants to support inherent in loans made, held, securitized, or for which the Secretary determines that there cooperative programs between State cooperative purchased by Farm Credit banks, associations, are not sufficient qualified applicants to receive extension services and nonprofit organizations’’ and the Federal Agricultural Mortgage Corpora- financial assistance to reach the 10-percent re- and inserting ‘‘consultation with the Secretary tion and how such risks are required to be cap- quirement under subparagraph (A), the Sec- of Health and Human Services, shall make com- italized under statute and regulations in effect retary may make available less than 10 percent petitive grants to State cooperative extension as of the date of the enactment of this Act; and of the amounts made available under section services and Indian Tribes to support programs (2) assesses the feasibility of increasing the 2335A for those services.’’. with nonprofit organizations in order’’; acreage exception provided in section 8.8(c)(2) of (c) COMMUNITY FACILITIES DIRECT LOANS AND (2) in subsection (b)— the Farm Credit Act of 1971 to 2,000 acres. GRANTS.—Section 306(a) of the Consolidated (A) in paragraph (1), by inserting ‘‘Internet’’ (b) TIMELINE.—The Farm Credit Administra- Farm and Rural Development Act (7 U.S.C. before ‘‘websites’’; tion shall provide the results of the study re- 1926(a)) is amended by adding at the end the (B) by striking paragraph (2) and inserting quired by subsection (a) to the Committee on Ag- following: the following: riculture of the House of Representatives and ‘‘(27) PROCEDURE DURING TEMPORARY ‘‘(2) training for individuals who may assist the Committee on Agriculture, Nutrition, and REPRIORITIZATIONS.— farmers in crisis, including programs and work- Forestry of the Senate no later than 180 days ‘‘(A) SELECTION PRIORITY.—While a temporary shops;’’; and after the date of the enactment of this Act. reprioritization announced under section 608 of (C) in paragraph (4), by inserting ‘‘, including TITLE VI—RURAL INFRASTRUCTURE AND the Rural Development Act of 1972 is in effect, the dissemination of information and materials’’ ECONOMIC DEVELOPMENT in selecting recipients of loans, loan guarantees, before the semicolon at the end; or grants for the development of essential com- (3) in subsection (c), by striking ‘‘to enable the Subtitle A—Improving Health Outcomes in munity facilities under this section, the Sec- State cooperative extension services’’ and insert- Rural Communities retary shall give priority to entities eligible for ing ‘‘or Indian Tribes, as applicable,’’; SEC. 6001. PRIORITIZING PROJECTS TO MEET those loans or grants— (4) in subsection (d), by striking ‘‘fiscal years’’ HEALTH CRISES IN RURAL AMERICA. ‘‘(i) to develop facilities to provide services re- and all that follows and inserting ‘‘fiscal years (a) TEMPORARY PRIORITIZATION OF RURAL lated to reducing the effects of the health emer- 2018 through 2023’’; and HEALTH ASSISTANCE.—Title VI of the Rural De- gency, including— (5) by redesignating subsection (d) as sub- velopment Act of 1972 (7 U.S.C. 2204a–2204b) is ‘‘(I) prevention services; section (e) and inserting after subsection (c) the amended by adding at the end the following: ‘‘(II) treatment services; following: ‘‘SEC. 608. TEMPORARY PRIORITIZATION OF ‘‘(III) recovery services; or ‘‘(d) OVERSIGHT AND EVALUATION.—The Sec- RURAL HEALTH ASSISTANCE. ‘‘(IV) any combination of those services; and retary, in consultation with the Secretary of ‘‘(a) AUTHORITY TO PRIORITIZE CERTAIN ‘‘(ii) that employ staff that have appropriate Health and Human Services, shall review and RURAL HEALTH APPLICATIONS.—The Secretary, expertise and training in how to identify and evaluate the stress assistance programs carried after consultation with such public health offi- treat individuals affected by the emergency. out pursuant to this section. cials as may be necessary, may announce a tem- ‘‘(B) USE OF FUNDS.—An eligible entity de- ‘‘(1) PROGRAM REVIEW.—Not later than 2 porary reprioritization for certain rural develop- scribed in subparagraph (A) that receives a loan years after the date on which a grant is first ment loan and grant applications to assist rural or grant described in that subparagraph may provided under this section, and annually communities in responding to a specific health use the loan or grant funds for the development thereafter, the Secretary shall— emergency. of telehealth facilities and systems to provide for ‘‘(A) review the programs funded under a ‘‘(b) CONTENT OF ANNOUNCEMENT.—In the an- treatment directly related to the emergency in- grant made under this section to evaluate the nouncement, the Secretary shall— volved.’’. effectiveness of the services offered through ‘‘(1) specify the nature of the emergency af- (d) RURAL HEALTH AND SAFETY EDUCATION such a program, and suggest alternative services fecting the heath of rural Americans; PROGRAMS.— not offered by such a grant recipient that would ‘‘(2) describe the actual and potential effects (1) IN GENERAL.—Section 502(i) of the Rural be appropriate for behavioral health services; of the emergency on the rural United States; Development Act of 1972 (7 U.S.C. 2662(i)) is and ‘‘(3) identify the services and treatments amended— ‘‘(B) submit to the Congress, and make avail- which can be used to reduce those effects; and (A) by redesignating paragraph (5) as para- able on the public Internet website of the De- ‘‘(4) publish the specific temporary changes graph (6); and partment of Agriculture, a report containing the needed to assist rural communities in respond- (B) by inserting after paragraph (4) the fol- results of the review conducted under subpara- ing to the emergency lowing: graph (A) and a description of the services pro- ‘‘(c) NOTICE.—Not later than 48 hours after ‘‘(5) PROCEDURE DURING TEMPORARY vided through programs funded under such a making or extending an announcement under REPRIORITIZATIONS.—While a temporary grant. this section, the Secretary shall submit to the reprioritization announced under section 608 of ‘‘(2) PUBLIC AVAILABILITY.—In making the re- Committee on Agriculture of the House of Rep- the Rural Development Act of 1972 is in effect, port under paragraph (1) publicly available, the resentatives and the Committee on Agriculture, in making grants under this subsection, the Sec- Secretary shall take such steps as may be nec- Nutrition, and Forestry of the Senate, and retary shall give priority to an applicant that essary to ensure that the report does not contain transmit to the Secretary of Health and Human will use the grant to address the announced any information that would identify any person Services, a written notice of the declaration or emergency.’’. who received services under a program funded extension. (2) TECHNICAL AMENDMENTS.—Title V of the under a grant made under this section.’’. ‘‘(d) EXTENSION.—The Secretary may extend Rural Development Act of 1972 (7 U.S.C. 2661 et SEC. 6004. SUPPORTING AGRICULTURAL ASSOCIA- an announcement under subsection (a) if the seq.), as amended by paragraph (1) of this sub- TION HEALTH PLANS. Secretary determines that the emergency will section, is amended— (a) IN GENERAL.—The Secretary of Agriculture continue after the declaration would otherwise (A) in section 502, in the matter preceding sub- may establish a loan program and a grant pro- expire. section (a), by inserting ‘‘(referred to in this title gram to assist in the establishment of agricul- ‘‘(e) EXPIRATION.—An announcement under as the ‘Secretary’)’’ after ‘‘Agriculture’’; and tural association health plans, in order to help subsection (a) shall expire on the earlier of— (B) by striking ‘‘Secretary of Agriculture’’ bring new health options and lower priced ‘‘(1) the date the Secretary determines that each place it appears (other than in section 502 health care coverage to rural Americans. the emergency has ended; or in the matter preceding subsection (a)) and in- (b) LOANS.— ‘‘(2) the end of the 360-day period beginning serting ‘‘Secretary’’. (1) IN GENERAL.—With respect to plan years with the later of— SEC. 6002. DISTANCE LEARNING AND TELEMEDI- 2019 through 2022, the Secretary of Agriculture, ‘‘(A) the date the announcement was made; or CINE. in consultation with the Secretary of Labor, ‘‘(B) the date the announcement was most re- (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- may make not more than 10 loans under this cently extended.’’. tion 2335A of the Food, Agriculture, Conserva- section, for purposes of establishing agricultural (b) DISTANCE LEARNING AND TELEMEDICINE.— tion, and Trade Act of 1990 (7 U.S.C. 950aaa–5) association health plans, to qualified agricul- Section 2333(c) of the Food, Agriculture, Con- is amended by striking ‘‘$75,000,000 for each of tural associations that have not received a loan servation, and Trade Act of 1990 (7 U.S.C. fiscal years 2014 through 2018’’ and inserting under this section. 950aaa–2(c)) is amended by adding at the end ‘‘$82,000,000 for each of fiscal years 2019 through (2) USE OF FUNDS.—The proceeds of a loan the following: 2023’’. made under this section may only be used to fi- ‘‘(5) PROCEDURE DURING TEMPORARY (b) CONFORMING AMENDMENT.—Section 1(b) of nance costs associated with establishing and REPRIORITIZATIONS.— Public Law 102–551 (7 U.S.C. 950aaa note) is carrying out an agricultural association health ‘‘(A) IN GENERAL.—While a temporary amended by striking ‘‘2018’’ and inserting plan. reprioritization announced under section 608 of ‘‘2023’’. (3) LOAN TERMS.—A loan made under this sec- the Rural Development Act of 1972 is in effect, SEC. 6003. REAUTHORIZATION OF THE FARM AND tion shall— the Secretary shall make available not less than RANCH STRESS ASSISTANCE NET- (A) bear interest at an annual rate equivalent 10 percent of the amounts made available under WORK. to the cost of borrowing to the Department of section 2335A for financial assistance under this Section 7522 of the Food, Conservation, and the Treasury for obligations of comparable ma- chapter, for telemedicine services to identify and Energy Act of 2008 (7 U.S.C. 5936) is amended— turities; treat individuals affected by the emergency, (1) in subsection (a), by striking ‘‘coordination (B) have a term of such length, not exceeding subject to subparagraph (B). with the Secretary of Health and Human Serv- 20 years, as the borrower may request;

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00112 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4093 (C) be in an amount not to exceed $15,000,000; of high quality, cost-effective broadband service ties to assist rural counties and communities to (D) require that the borrower submit annual in rural areas. assess current and future broadband needs; and audited financial statements to the Secretary; ‘‘(B) CONSIDERATIONS.—In establishing and (5) identify and evaluate emerging tech- and adjusting the broadband service standards in ef- nologies, including next-generation satellite (E) include any other requirements or docu- fect under paragraph (1), the Secretary shall technologies, and ways to leverage the tech- mentation the Secretary deems necessary to consider— nologies to provide high-speed, low-latency carry out this section. ‘‘(i) the broadband service needs of rural fami- internet connectivity to rural areas. (c) GRANTS.—The Secretary may make grants lies and businesses; SEC. 6102. INCENTIVES FOR HARD TO REACH to agricultural trade associations or industry as- ‘‘(ii) broadband service available to urban and COMMUNITIES. sociations which have been in existence for at suburban areas; Title VI of the Rural Electrification Act of least three years prior to applying for such a ‘‘(iii) future technology needs of rural resi- 1936 (7 U.S.C. 950bb) is amended by adding at grant to provide for technical assistance in es- dents; the end the following: ‘‘(iv) advances in broadband technology; and tablishing an agricultural association health ‘‘SEC. 604. INCENTIVES FOR HARD TO REACH ‘‘(v) other relevant factors as determined by plan. COMMUNITIES. the Secretary.’’; and (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) DEFINITIONS.—In this section: (B) by adding at the end the following: ‘‘(1) ASSOCIATED LOAN.—The term ‘associated (1) IN GENERAL.—There are authorized to be ‘‘(4) AGREEMENT.—The Secretary shall not loan’ means a loan or loan guarantee to finance appropriated to carry out this section $65,000,000 provide a loan or loan guarantee under this sec- all or part of a project under title I or II or this for the period of fiscal years 2019 through 2022, tion for a project unless the Secretary deter- title for which an application has been sub- to be available until expended. mines, at the time the agreement to provide the mitted under such title and for which an appli- (2) RESERVATION OF FUNDS.—Of the funds loan or loan guarantee is entered into, that, at cation has also been submitted for a grant under made available under paragraph (1), not more any time while the loan or loan guarantee is this section. than 15 percent of such funds shall be made outstanding, the project will be capable of pro- ‘‘(2) DENSITY.— available to make grants under subsection (c). viding broadband service at not less than the (e) DEFINITIONS.—In this section: ‘‘(A) IN GENERAL.—The term ‘density’ means minimum acceptable standard of service estab- service points per road mile. (1) AGRICULTURAL ASSOCIATION HEALTH lished under paragraph (1)(B) for that time. PLAN.—The term ‘‘agricultural association ‘‘(B) METHOD OF CALCULATION.—The Sec- ‘‘(5) SUBSTITUTE SERVICE STANDARDS FOR retary shall further define, by rule, a method for health plan’’ means a group health plan within UNIQUE SERVICE TERRITORIES.—If an applicant the meaning of section 733(a)(1) of the Employee calculating service points per road-mile, where shows that it would be cost prohibitive to meet appropriate by geography, which— Retirement Income Security Act of 1974 (42 the minimum acceptable level of broadband serv- U.S.C. 1191b)— ‘‘(i) divides the total number of service points ice established under paragraph (1)(B) for the by the total number of road-miles in a proposed (A) that is sponsored by a qualified agricul- entirety of a proposed service territory due to tural association; and service territory; the unique characteristics of the proposed serv- ‘‘(ii) requires an applicant to count all poten- (B) with respect to which the Secretary has ice territory, the Secretary and the applicant tial service points in a proposed service terri- received a letter from the relevant State insur- may agree to utilize substitute standards for any tory; and ance commissioner certifying that such associa- unserved portion of the project. Any substitute ‘‘(iii) includes any other requirements the Sec- tion may offer such plan in such State. service standards should continue to consider retary deems necessary to protect the integrity (2) QUALIFIED AGRICULTURAL ASSOCIATION.— the matters described in paragraph (2)(B) and of the program. The term ‘‘qualified agricultural association’’ reflect the best technology available to meet the ‘‘(3) ELIGIBLE PROJECT.—The term ‘eligible means an association— needs of the residents in the unserved area.’’; project’ means any project for which the appli- (A) composed of members that operate a farm and cant— or ranch or operate an agribusiness; (3) in subsection (g)— ‘‘(A) has submitted an application for an as- (B) that qualifies as an association health (A) in paragraph (2)(A), by striking ‘‘level of sociated loan; and plan within the meaning of guidance or regula- broadband service established under subsection ‘‘(B) does not receive any other broadband tion issued by the Department of Labor; (e)’’ and inserting ‘‘standard of service estab- grant administered by the Rural Utilities Serv- (C) that acts directly or indirectly in the inter- lished under subsection (e)(1)(A)’’; and ice; and est of its members in relation to the plan; (B) by adding at the end the following: ‘‘(C) proposes to— (D) that is able to demonstrate an ability to ‘‘(4) MINIMUM STANDARDS.—To the extent pos- ‘‘(i) offer retail broadband service to rural implement and manage a group health plan; sible, the terms and conditions under which a households; and loan or loan guarantee is provided to an appli- ‘‘(ii) serve an area with a density of less than (E) that meets any other criteria the Secretary cant for a project shall require that, at any time 12; deems necessary to meet the intent of this sec- while the loan or loan guarantee is outstanding, ‘‘(iii) provide service that meets the standard tion. the broadband network provided by the project that would apply under section 601(e)(4) if the Subtitle B—Connecting Rural Americans to will meet the lower of— associated loan had been applied for under sec- High Speed Broadband ‘‘(A) the minimum acceptable standard of tion 601; service projected under subsection (e)(1)(B) for ‘‘(iv) provide service in an area where no in- SEC. 6101. ESTABLISHING FORWARD-LOOKING that time, as agreed to by the applicant at the BROADBAND STANDARDS. cumbent provider delivers fixed terrestrial time the loan or loan guarantee is provided; or broadband service at or above the minimum (a) IN GENERAL.—Section 601 of the Rural ‘‘(B) the minimum acceptable standard of broadband speed described in section 601(e)(1); Electrification Act of 1936 (7 U.S.C. 950bb) is service in effect under subsection (e)(1)(A) for and amended— that time.’’. ‘‘(v) provide service in an area where no eligi- (1) in subsection (d)(1)(A), by striking clause (b) REPORT TO CONGRESS.—Within 12 months ble borrower, other than the applicant, has out- (i) and inserting the following: after the date of the enactment of this Act, the standing Rural Utilities Service telecommuni- ‘‘(i) demonstrate the ability to furnish or im- Administrator of the Rural Utilities Service (in cations debt or is subject to a current Rural prove service in order to meet the broadband this subsection referred to as the ‘‘RUS’’) shall Utilities Service telecommunications grant service standards established under subsection submit to the Committee on Agriculture of the agreement. (e)(1) in all or part of an unserved or under- House of Representatives and the Committee on ‘‘(4) SERVICE POINT.—The term ‘service point’ served rural area;’’; Agriculture, Nutrition, and Forestry of the Sen- means a home, business, or institution in a pro- (2) in subsection (e)— ate a written report on the effectiveness of RUS posed service area. (A) by striking paragraphs (1) and (2) and in- loan and loan guarantee programs for the pur- ‘‘(5) ROAD-MILE.—The term ‘road-mile’ means serting the following: pose of expanding broadband to rural areas (as a mile of road in a proposed service area. ‘‘(1) IN GENERAL.—Subject to paragraph (2), defined in RUS regulations), which shall— ‘‘(b) ESTABLISHMENT OF GRANT PROGRAM.— for purposes of this section, the Secretary shall (1) identify administrative and legislative op- The Secretary shall establish a competitive establish broadband service standards for rural tions for incentivizing private investment by uti- grant program to provide applicants funds to areas which provide for— lizing RUS loan guarantee programs for the carry out eligible projects for the purposes of ‘‘(A) a minimum acceptable standard of serv- purpose of expanding broadband to rural areas; construction, improvement, or acquisition of fa- ice that requires the speed to be at least 25 (2) evaluate the existing borrower and lending cilities for the provision of broadband service in megabits per second downstream transmission guidelines for RUS loan and loan guarantee ap- rural areas. capacity and 3 megabits per second upstream plicants to incentivize participation in both pro- ‘‘(c) APPLICATIONS.—The Secretary shall es- transmission capacity; and grams; tablish an application process for grants under ‘‘(B) projections of minimum acceptable stand- (3) evaluate the loan and loan guarantee ap- this section that— ards of service for 5, 10, 15, 20, and 30 years into plication processes for lenders and borrowers by ‘‘(1) has 1 application window per year; the future. eliminating burdensome and unnecessary steps ‘‘(2) permits a single application for the grant ‘‘(2) ADJUSTMENTS.— in the application process and providing a more and the associated loan; and ‘‘(A) IN GENERAL.—At least once every 2 years, streamlined process to decrease the complexity ‘‘(3) provides a single decision to award the the Secretary shall review, and may adjust of the application and the timeline from appli- grant and the associated loan. through notice published in the Federal Reg- cation to approval or denial; ‘‘(d) PRIORITY.—In making grants under this ister, the broadband service standards in effect (4) identify opportunities to provide technical section, the Secretary shall prioritize applica- under paragraph (1) to encourage the delivery assistance and pre-development planning activi- tions in which the applicant proposes to—

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00113 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4094 CONGRESSIONAL RECORD — HOUSE May 16, 2018 ‘‘(1) provide the highest quality of service as ‘‘(e)(1) Except as provided in paragraph (2), ‘‘(1) involve partnerships between or among measured by— the Secretary may allow a recipient of a grant, multiple entities; ‘‘(A) network speed; loan, or loan guarantee provided by the Office ‘‘(2) would provide broadband service to the ‘‘(B) network latency; and of Rural Development under this title to use not greatest number of rural residents at or above ‘‘(C) data allowances; more than 10 percent of the amount so pro- the minimum broadband speed referred to in ‘‘(2) serve the greatest number of service vided— subsection (c)(1)(A); and points; and ‘‘(A) for any activity for which assistance ‘‘(3) the Secretary determines could be rep- ‘‘(3) use the greatest proportion of non-Fed- may be provided under section 601 of the Rural licated in rural areas described in paragraph eral dollars. Electrification Act of 1936; or (2).’’. ‘‘(e) AMOUNT.—The Secretary shall make each ‘‘(B) to construct other broadband infrastruc- SEC. 6106. UNIFIED BROADBAND REPORTING RE- grant under this section in an amount that is— ture. QUIREMENTS. ‘‘(1) not greater than 75 percent of the total ‘‘(2) Paragraph (1) of this subsection shall not Section 601 of the Rural Electrification Act of project cost with respect to an area with a den- apply to a recipient who is seeking to provide 1936 (7 U.S.C. 950bb) is amended— (1) in subsection (j)— sity of less than 4; retail broadband service in any area where retail broadband service is available at the min- (A) in the matter preceding paragraph (1), by ‘‘(2) not greater than 50 percent of the total striking ‘‘Not later than’’ and all that follows project cost with respect to an area with a den- imum broadband speeds, as defined under section 601(e) of the Rural Electrification Act of through ‘‘section’’ and inserting ‘‘Each year, sity of 4 or more and not more than 9; and the Secretary shall submit to the Congress a re- ‘‘(3) not greater than 25 percent of the total 1936.’’. (b) Title I of the Rural Electrification Act of port that describes the extent of participation in project cost with respect to an area with a den- the broadband loan, loan guarantee, and grant sity of more than 9 and not more than 12. 1936 (7 U.S.C. 901–918a) is amended by inserting after section 7 the following: programs administered by the Secretary’’; ‘‘(f) TERMS AND CONDITIONS.—With respect to (B) in paragraph (1), by striking ‘‘loans ap- a grant provided under this section, the Sec- ‘‘SEC. 8. LIMITATIONS ON USE OF ASSISTANCE. ‘‘(a) Subject to subsections (b) and (c) of this plied for and provided under this section’’ and retary shall require that— inserting ‘‘loans, loan guarantees, and grants ‘‘(1) the associated loan is secured by the as- section, the Secretary may allow a recipient of a grant, loan, or loan guarantee under this title to applied for and provided under the programs’’; sets purchased with funding from the grant and (C) in paragraph (2)— from the loan; set aside not more than 10 percent of the (i) in subparagraph (A), by striking ‘‘loan’’; ‘‘(2) the agreement in which the terms of the amount so received to provide retail broadband and grant are established is for a period equal to the service. (ii) in subparagraph (B), by striking ‘‘loans ‘‘(b) A recipient who sets aside funds under duration of the associated loan; and and loan guarantees provided under this sec- subsection (a) of this section may use the funds ‘‘(3) at any time at which the associated loan tion’’ and inserting ‘‘loans, loan guarantees, only in an area that is not being provided with is outstanding, the broadband service provided and grants provided under the programs’’; the minimum acceptable level of broadband serv- by the project will meet the lower of the stand- (D) in paragraph (3), by striking ‘‘loan appli- ice established under section 601(e), unless the ards that would apply under section 601(g)(4) if cation under this section’’ and inserting ‘‘appli- recipient meets the requirements of section the associated loan had been made under sec- cation under the programs’’; 601(d). tion 601. (E) in each of paragraphs (4) and (6), by strik- ‘‘(c) Nothing in this section shall be construed ‘‘(g) PAYMENT ASSISTANCE FOR CERTAIN AP- ing ‘‘this section’’ and inserting ‘‘the pro- to limit the ability of any borrower to finance or grams’’; and PLICANTS UNDER THIS TITLE.— deploy services authorized under this title.’’. (F) in paragraph (5)— ‘‘(1) IN GENERAL.—As part of the grant pro- SEC. 6105. MODIFICATIONS TO THE RURAL GIG- (i) by striking ‘‘service’’ and inserting ‘‘tech- gram under this section, the Secretary, at the ABIT PROGRAM. nology’’; and sole discretion of the Secretary, may provide to Section 603 of the Rural Electrification Act of (ii) by striking ‘‘(b)(1)’’ and inserting ‘‘(e)(1)’’; applicants who are eligible borrowers under this 1936 (7 U.S.C. 950bb–2) is amended— and title and not eligible borrowers under title I or (1) in the section heading, by striking (2) in subsection (k)(2), in each of subpara- II all or a portion of the grant funds in the form ‘‘RURAL GIGABIT NETWORK PILOT’’ and in- graphs (A)(i) and (C), by striking ‘‘loans’’ and of payment assistance. serting ‘‘INNOVATIVE BROADBAND AD- inserting ‘‘grants, loans,’’. ‘‘(2) PAYMENT ASSISTANCE.—The Secretary VANCEMENT’’; SEC. 6107. IMPROVING ACCESS BY PROVIDING may provide payment assistance under para- (2) in subsection (d), by striking ‘‘2014 CERTAINTY TO BROADBAND BOR- graph (1) by reducing a borrower’s interest rate through 2018’’ and inserting ‘‘2019 through ROWERS. or periodic principal payments or both. 2023’’; (a) TELEPHONE LOAN PROGRAM.—Title II of ‘‘(3) AGREEMENT ON MILESTONES AND OBJEC- (3) by redesignating subsection (d) as sub- the Rural Electrification Act of 1936 (7 U.S.C. TIVES.—With respect to payment assistance pro- section (e); and 922–928) is amended by adding at the end the vided under paragraph (1), before entering into (4) by striking subsections (a) through (c) and following: the agreement for the grant and associated loan inserting the following: ‘‘SEC. 208. AUTHORITY TO OBLIGATE, BUT NOT under which the payment assistance will be pro- ‘‘(a) IN GENERAL.—The Secretary shall estab- DISBURSE, FUNDS BEFORE THE vided, the applicant and the Secretary shall lish a program to be known as the ‘Innovative COMPLETION OF REVIEWS. agree to milestones and objectives of the project. Broadband Advancement Program’, under ‘‘(a) IN GENERAL.—The Secretary may obli- ‘‘(4) CONDITION.—The Secretary shall condi- which the Secretary may provide a grant, a gate, but shall not disburse, funds under this tion any payment assistance provided under loan, or both to an eligible entity for the pur- title for a project before the completion of any paragraph (1) on— pose of demonstrating innovative broadband otherwise required environmental, historical, or ‘‘(A) the applicant fulfilling the terms and technologies or methods of broadband deploy- other review of the project. conditions of the grant agreement under which ment that significantly decrease the cost of ‘‘(b) AUTHORITY TO DEOBLIGATE FUNDS.—The the payment assistance will be provided; and broadband deployment, and provide substan- Secretary may deobligate funds under this title ‘‘(B) completion of the milestones and objec- tially faster broadband speeds than are avail- for a project if any such review will not be com- tives agreed to under paragraph (3). able, in a rural area. pleted within a reasonable period of time.’’. (b) RURAL BROADBAND PROGRAM.—Section ‘‘(5) AMENDMENT OF MILESTONES AND OBJEC- ‘‘(b) RURAL AREA.—In this section, the term 601(d) of the Rural Electrification Act of 1936 (7 TIVES.—The Secretary and the applicant may ‘rural area’ has the meaning provided in section U.S.C. 950bb(d)) is amended by adding at the jointly agree to amend the milestones and objec- 601(b)(3). end the following: tives agreed to under paragraph (3). ‘‘(c) ELIGIBILITY.—To be eligible to obtain as- ‘‘(11) AUTHORITY TO OBLIGATE, BUT NOT DIS- ‘‘(h) EXISTING PROJECTS.—The Secretary may sistance under this section for a project, an enti- BURSE, FUNDS BEFORE COMPLETION OF REVIEWS; not provide a grant under this section to an ap- ty shall— ‘‘(1) submit to the Secretary an application— AUTHORITY TO DEOBLIGATE FUNDS.—The Sec- plicant for a project that was commenced before retary may obligate, but shall not disburse, the date of the enactment of this section. ‘‘(A) that describes a project designed to decrease the cost of broadband deployment, and funds under this section for a project before the ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— completion of any otherwise required environ- There are authorized to be appropriated to carry substantially increase broadband speed to not less than the 20-year broadband speed estab- mental, historical, or other review of the project. out this section $350,000,000 for each of fiscal The Secretary may deobligate funds under this years 2019 to 2023.’’. lished by the Rural Utilities Service under this title, in a rural area to be served by the project; section for a project if any such review will not SEC. 6103. REQUIRING GUARANTEED BROADBAND and be completed within a reasonable period of LENDING. ‘‘(B) at such time, in such manner, and con- time.’’. Section 601(c)(1) of the Rural Electrification taining such other information as the Secretary SEC. 6108. SIMPLIFIED APPLICATION WINDOW. Act of 1936 (7 U.S.C. 950bb(c)(1)) is amended by may require; Section 601(c)(2)(A) of the Rural Electrifica- striking ‘‘shall make or guarantee loans’’ and ‘‘(2) demonstrate that the entity is able to tion Act of 1936 (7 U.S.C. 950bb(c)(2)(A)) is inserting ‘‘shall make loans and shall guarantee carry out the project; and amended by striking ‘‘not less than 2 evaluation loans’’. ‘‘(3) agree to complete the project build-out periods’’ and inserting ‘‘1 evaluation period’’. SEC. 6104. SMART UTILITY AUTHORITY FOR within 5 years after the date the assistance is SEC. 6109. ELIMINATION OF REQUIREMENT TO BROADBAND. first provided for the project. GIVE PRIORITY TO CERTAIN APPLI- (a) Section 331 of the Consolidated Farm and ‘‘(d) PRIORITIZATION.—In awarding assistance CANTS. Rural Development Act (7 U.S.C. 1981) is amend- under this section, the Secretary shall give pri- Section 601(c)(2) of the Rural Electrification ed by adding at the end the following: ority to proposals for projects that— Act of 1936 (7 U.S.C. 950bb(c)(2)) is amended—

VerDate Sep 11 2014 07:14 May 17, 2018 Jkt 079060 PO 00000 Frm 00114 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4095 (1) by striking ‘‘; and’’ at the end of subpara- (ii) in clause (iii), by inserting ‘‘or middle mile ‘‘(2) will be carried out in a rural area; and graph (C) and inserting a period; and infrastructure’’ before ‘‘described’’; ‘‘(3) supports the implementation of a stra- (2) by striking subparagraph (D). (B) in paragraph (2)— tegic community investment plan described in SEC. 6110. MODIFICATION OF BUILDOUT RE- (i) in subparagraph (B), by inserting ‘‘or in- subsection (d) on a multisectoral and multijuris- QUIREMENT. stall middle mile infrastructure’’ before ‘‘in the dictional basis. Section 601(d)(1)(A)(iii) of the Rural Elec- proposed’’; ‘‘(b) RESERVE.— trification Act of 1936 (7 U.S.C. (ii) in subparagraph (C), by striking clause (ii) ‘‘(1) IN GENERAL.—Subject to paragraph (2), 950bb(d)(1)(A)(iii)) is amended— and inserting the following: the Secretary shall reserve a portion of the (1) by striking ‘‘service’’ and inserting ‘‘infra- ‘‘(ii) EXCEPTION.—Clause (i) shall not apply funds made available for a fiscal year for pro- structure’’; and with respect to a project if the project is eligible grams as determined by the Secretary, for (2) by striking ‘‘3’’ and inserting ‘‘5’’. for funding under another title of this Act.’’; projects that support the implementation of a and strategic community investment plan described SEC. 6111. IMPROVING BORROWER REFINANCING (iii) by adding at the end the following: OPTIONS. in subsection (d) on a multisectoral and multi- ‘‘(D) EXCEPTION FOR MIDDLE MILE INFRA- (a) REFINANCING OF BROADBAND LOANS.—Sec- jurisdictional basis. STRUCTURE.—Portions of a middle mile infra- ‘‘(2) PERIOD.—The reservation of funds de- tion 201 of the Rural Electrification Act of 1936 structure project that ultimately meet the rural (7 U.S.C. 922) is amended by inserting ‘‘includ- scribed in paragraph (1) may only extend service requirements of this section may traverse through a date of the fiscal year in which the ing indebtedness on a loan made under section an area not described in subsection (b)(4) when 601’’ after ‘‘furnishing telephone service in rural funds were first made available, as determined necessary.’’; by the Secretary. areas’’. (C) in paragraph (4), by inserting ‘‘, or con- ‘‘(c) APPROVED APPLICATIONS.— (b) REFINANCING OF OTHER LOANS.—Section struct, improve, or acquire middle mile infra- 601(i) of such Act (7 U.S.C. 950bb(i)) is amended ‘‘(1) IN GENERAL.—Any applicant who sub- structure in,’’ before ‘‘a rural area’’; mitted a funding application that was approved by inserting ‘‘, or on any other loan if the pur- (D) in paragraph (5)(A)(v), by inserting ‘‘or, before the date of enactment of this section may pose for which such other loan was made is a in the case of middle mile infrastructure, con- amend the application to qualify for the funds telecommunications purpose for which assist- nect’’ before the semicolon; and reserved under subsection (b). ance may be provided under this Act,’’ before (E) in paragraph (8)(A)(ii)— ‘‘if the use of’’. (i) in subclause (I), by inserting ‘‘or may’’ be- ‘‘(2) RURAL UTILITIES.—Any rural development application authorized under section SEC. 6112. ELIMINATION OF UNNECESSARY RE- fore ‘‘receive’’; PORTING REQUIREMENTS. (ii) in subclause (II), by inserting ‘‘or capa- 306(a)(2), 306(a)(14), 306(a)(24), 306A, or 310B(b) Section 601(d)(8)(A)(ii) of the Rural Elec- bility of middle mile infrastructure’’ before the and approved by the Secretary before the date trification Act of 1936 (7 U.S.C. semicolon; and of enactment of this section shall be eligible for 950bb(d)(8)(A)(ii)) is amended— (iii) in subclause (III), by inserting ‘‘, if appli- the funds reserved under subsection (b) on the (1) in subclause (I), by striking ‘‘and loca- cable’’ before the semicolon; same basis as the applications submitted under tion’’; and (5) in subsection (i)— this section, until September 30, 2019. (2) in subclause (IV), by striking ‘‘any (A) in the subsection heading, by inserting ‘‘(d) STRATEGIC COMMUNITY INVESTMENT changes in broadband service adoption rates, in- ‘‘OR MIDDLE MILE INFRASTRUCTURE’’ after PLANS.— ‘‘(1) IN GENERAL.—The Secretary shall provide cluding’’. ‘‘SERVICE’’; and (B) by inserting ‘‘or middle mile infrastruc- assistance to rural communities for developing SEC. 6113. ACCESS TO BROADBAND TELE- strategic community investment plans. COMMUNICATIONS SERVICES IN ture’’ before ‘‘in rural areas’’; and RURAL AREAS. (6) in subsection (j)(6), by inserting ‘‘or middle ‘‘(2) PLANS.—A strategic community investment plan described in paragraph (1) shall in- Section 601 of the Rural Electrification Act of mile infrastructure’’ after ‘‘service’’ the 1st and clude— 1936 (7 U.S.C. 950bb) is amended— 3rd places it appears. ‘‘(A) a variety of activities designed to facili- (1) in subsection (k), by striking paragraph (1) SEC. 6115. OUTDATED BROADBAND SYSTEMS. tate a rural community’s vision for its future; and inserting the following: Title VI of the Rural Electrification Act of ‘‘(B) participation by multiple stakeholders, ‘‘(1) LIMITATIONS ON AUTHORIZATION OF AP- 1936 (7 U.S.C. 950bb et seq.) is amended by add- including local and regional partners; PROPRIATIONS.—For loans and loan guarantees ing at the end the following: ‘‘(C) leverage of applicable regional resources; under this section, there is authorized to be ap- ‘‘SEC. 605. OUTDATED BROADBAND SYSTEMS. ‘‘(D) investment from strategic partners, such propriated to the Secretary $150,000,000 for each ‘‘Beginning October 1, 2020, the Secretary as— of fiscal years 2019 through 2023, to remain shall consider any portion of a service territory subject to an outstanding grant agreement be- ‘‘(i) private organizations; available until expended.’’; and ‘‘(ii) cooperatives; (2) in subsection (l), by striking ‘‘2018’’ and tween the Secretary and a broadband provider in which broadband service is not provided at at ‘‘(iii) other government entities; inserting ‘‘2023’’. ‘‘(iv) tribes; and least 10 megabits per second download and at SEC. 6114. MIDDLE MILE BROADBAND INFRA- ‘‘(v) philanthropic organizations; least 1 megabit per second upload as unserved STRUCTURE. ‘‘(E) clear objectives with the ability to estab- for the purposes of all broadband loan programs Section 601 of the Rural Electrification Act of lish measurable performance metrics; under this Act, unless the broadband provider 1936 (7 U.S.C. 950bb) is amended— ‘‘(F) action steps for implementation; and has constructed or begun to construct (1) in subsection (a), by inserting ‘‘or middle ‘‘(G) any other elements necessary to ensure broadband facilities in the service territory that mile infrastructure’’ before ‘‘in rural areas’’; that the plan results in a comprehensive and meet the minimum acceptable standard of serv- (2) in subsection (b), by redesignating para- strategic approach to rural economic develop- ice established under section 601(e)(1) for the graphs (2) and (3) as paragraphs (3) and (4) and ment, as determined by the Secretary. area in which the service territory is located.’’. inserting after paragraph (1) the following: ‘‘(3) COORDINATION.—The Secretary shall co- ‘‘(2) MIDDLE MILE INFRASTRUCTURE.—The SEC. 6116. EFFECTIVE DATE. ordinate with tribes and local, State, regional, term ‘middle mile infrastructure’ means any (a) IN GENERAL.—The amendments made by and Federal partners to develop strategic com- broadband infrastructure that does not connect this subtitle shall not take effect until the Sec- munity investment plans under this subsection. directly to end user locations (including anchor retary of Agriculture has issued final regula- ‘‘(4) LIMITATIONS ON AUTHORIZATION OF AP- institutions) and may include interoffice trans- tions to implement the amendments. PROPRIATIONS.— port, backhaul, Internet connectivity, data cen- (b) DEADLINE FOR ISSUING REGULATIONS.— ‘‘(A) IN GENERAL.—There is authorized to be ters, or special access transport to rural areas.’’; Within 90 days after the date of the enactment appropriated $5,000,000 for fiscal years 2018 (3) in subsection (c)— of this Act, the Secretary of Agriculture shall through 2023 to carry out this subsection. (A) in paragraph (1), by inserting ‘‘and to prescribe final regulations to implement the ‘‘(B) AVAILABILITY.—The amounts made construct, improve, or acquire middle mile infra- amendments made by sections 6101 and 6102. available to carry out this subsection are au- structure’’ before ‘‘in rural areas’’; Subtitle C—Consolidated Farm and Rural thorized to remain available until expended.’’. (B) in paragraph (2)(B), by inserting ‘‘, or in Development Act SEC. 6202. EXPANDING ACCESS TO CREDIT FOR the case of middle mile infrastructure, offer the SEC. 6201. STRENGTHENING REGIONAL ECO- RURAL COMMUNITIES. future ability to link,’’ before ‘‘the greatest pro- NOMIC DEVELOPMENT INCENTIVES. (a) CERTAIN PROGRAMS UNDER THE CONSOLI- portion’’; and Section 379H of the Consolidated Farm and DATED FARM AND RURAL DEVELOPMENT ACT.— (C) by adding at the end the following: Rural Development Act (7 U.S.C. 2008v) is Section 343(a)(13) of the Consolidated Farm and ‘‘(3) LIMITATION ON MIDDLE MILE INFRASTRUC- amended to read as follows: Rural Development Act (7 U.S.C. 1991(a)(13)) is TURE PROJECTS.—The Secretary shall limit loans ‘‘SEC. 379H. STRATEGIC ECONOMIC AND COMMU- amended— or loan guarantees for middle mile infrastruc- NITY DEVELOPMENT. (1) in subparagraph (B)— ture projects to no more than 20 percent of the ‘‘(a) IN GENERAL.—In the case of any program (A) in the heading, by striking ‘‘AND GUARAN- amounts made available to carry out this sec- as determined by the Secretary, the Secretary TEED’’; and tion.’’; shall give priority to an application for a project (B) in the text— (4) in subsection (d)— that, as determined and approved by the Sec- (i) by striking ‘‘and guaranteed’’; and (A) in paragraph (1)(A)— retary— (ii) by striking ‘‘(1), (2), and (24)’’ and insert- (i) in clause (i) (as amended by section 6101(1) ‘‘(1) meets the applicable eligibility require- ing ‘‘(1) and (2)’’; and of this Act), by inserting ‘‘or extend middle mile ments of this title or other applicable author- (2) in subparagraph (C)— infrastructure’’ before ‘‘in all’’; and izing law; (A) by striking ‘‘and guaranteed’’; and

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00115 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4096 CONGRESSIONAL RECORD — HOUSE May 16, 2018 (B) by striking ‘‘(21), and (24)’’ and inserting 2018’’ and inserting ‘‘$5,000,000 for each of fiscal SEC. 6218. EXCLUSION OF PRISON POPULATIONS ‘‘and (21)’’. years 2019 through 2023’’. FROM DEFINITION OF RURAL AREA. (b) RURAL BROADBAND PROGRAM.—Paragraph SEC. 6208. EMERGENCY AND IMMINENT COMMU- Section 343(a)(13) of the Consolidated Farm (4)(A)(ii) of section 601(b) of the Rural Elec- NITY WATER ASSISTANCE GRANT and Rural Development Act (7 U.S.C. 1991(a)(13) trification Act of 1936 (7 U.S.C. 950bb(b)), as re- PROGRAM. is amended— designated by section 6114(2), is amended by in- Section 306A(i) of the Consolidated Farm and (1) in subparagraph (A), by striking ‘‘(G)’’ serting ‘‘in the case of a direct loan,’’ before ‘‘a Rural Development Act (7 U.S.C. 1926a(i)) is and inserting ‘‘(H)’’; and city’’. amended— (2) by adding at the end the following: SEC. 6203. PROVIDING FOR ADDITIONAL FEES (1) in paragraph (1), by striking subparagraph ‘‘(H) EXCLUSION OF POPULATIONS INCARCER- FOR GUARANTEED LOANS. (B) and inserting the following: ATED ON A LONG-TERM BASIS.—Populations of (a) CERTAIN PROGRAMS UNDER THE CONSOLI- ‘‘(B) RELEASE.— individuals incarcerated on a long-term or re- DATED FARM AND RURAL DEVELOPMENT ACT.— ‘‘(i) IN GENERAL.—Except as provided in gional basis shall not be included in determining Section 333 of the Consolidated Farm and Rural clause (ii), funds reserved under subparagraph whether an area is ‘rural’ or a ‘rural area’.’’. Development Act (7 U.S.C. 1983) is amended— (A) for a fiscal year shall be reserved only until SEC. 6219. NATIONAL RURAL DEVELOPMENT (1) by striking ‘‘and’’ at the end of paragraph July 1 of the fiscal year. PARTNERSHIP. (5); ‘‘(ii) EXCEPTION.—In response to an eligible Section 378 of the Consolidated Farm and (2) by striking the period at the end of para- community where the drinking water supplies Rural Development Act (7 U.S.C. 2008m) is graph (6) and inserting ‘‘; and’’; and are inadequate due to a natural disaster, as de- amended— (3) by adding at the end the following: termined by the Secretary, including drought or (1) in subsection (g)(1), by striking ‘‘2018’’ and ‘‘(7) in the case of an insured or guaranteed severe weather, the Secretary may provide pota- inserting ‘‘2023’’; and loan issued or modified under section 306(a), ble water under this section for an additional (2) in subsection (h), by striking ‘‘2018’’ and charge and collect from the recipient of the in- period not to exceed 120 days beyond the estab- inserting ‘‘2023’’. sured or guaranteed loan fees in such amounts lished period otherwise provided under this sec- SEC. 6220. GRANTS FOR NOAA WEATHER RADIO as are necessary so that the sum of the total tion, in order to protect public health.’’; and TRANSMITTERS. amount of fees so charged in each fiscal year (2) in paragraph (2), by striking ‘‘$35,000,000 Section 379B(d) of the Consolidated Farm and and the total of the amounts appropriated for for each of fiscal years 2008 through 2018’’ and Rural Development Act (7 U.S.C. 2008p(d)) is all such insured or guaranteed loans for the fis- inserting ‘‘$27,000,000 for each of fiscal years amended by striking ‘‘2018’’ and inserting cal year equals the subsidy cost for the insured 2019 through 2023’’. ‘‘2023’’. or guaranteed loans in the fiscal year.’’. SEC. 6209. WATER SYSTEMS FOR RURAL AND NA- SEC. 6221. RURAL MICROENTREPRENEUR ASSIST- (b) RURAL BROADBAND PROGRAM.—Section TIVE VILLAGES IN ALASKA. ANCE PROGRAM. 601(c) of the Rural Electrification Act of 1936 (7 Section 306D(d)(1) of the Consolidated Farm Section 379E(d) of the Consolidated Farm and U.S.C. 950bb(c)), as amended by section 6114, is and Rural Development Act (7 U.S.C. Rural Development Act (7 U.S.C. 2008s(d)) is further amended by adding at the end the fol- 1926d(d)(1)) is amended by striking ‘‘2018’’ and amended to read as follows: lowing: inserting ‘‘2023’’. ‘‘(d) FUNDING.—There are authorized to be ‘‘(4) FEES.—In the case of a loan guarantee SEC. 6210. HOUSEHOLD WATER WELL SYSTEMS. appropriated to carry out this section $4,000,000 issued or modified under this section, the Sec- Section 306E(d) of the Consolidated Farm and for each of fiscal years 2019 through 2023.’’. retary shall charge and collect from the recipi- Rural Development Act (7 U.S.C. 1926e(d)) is SEC. 6222. HEALTH CARE SERVICES. ent of the guarantee fees in such amounts as are amended by striking ‘‘2018’’ and inserting Section 379G(e) of the Consolidated Farm and necessary so that the sum of the total amount of ‘‘2023’’. Rural Development Act (7 U.S.C. 2008u(e)) is fees so charged in each fiscal year and the total SEC. 6211. SOLID WASTE MANAGEMENT GRANTS. amended by striking ‘‘2018’’ and inserting of the amounts appropriated for all such loan Section 310B(b)(2) of the Consolidated Farm ‘‘2023’’. guarantees for the fiscal year equals the subsidy and Rural Development Act (7 U.S.C. 1932(b)(2)) SEC. 6223. DELTA REGIONAL AUTHORITY. cost for the loan guarantees in the fiscal year.’’. is amended by striking ‘‘2018’’ and inserting (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- SEC. 6204. WATER, WASTE DISPOSAL, AND WASTE- ‘‘2023’’. tion 382M(a) of the Consolidated Farm and WATER FACILITY GRANTS. SEC. 6212. RURAL BUSINESS DEVELOPMENT Rural Development Act (7 (U.S.C. 2009aa–12(a)) Section 306(a)(2)(B) of the Consolidated Farm GRANTS. is amended by striking ‘‘2008 through 2018’’ and and Rural Development Act (7 U.S.C. Section 310B(c)(4)(A) of the Consolidated inserting ‘‘2019 through 2023’’. 1926(a)(2)(B)) is amended— Farm and Rural Development Act (7 U.S.C. (b) TERMINATION OF AUTHORITY.—Section (1) in clause (iii), by striking ‘‘$100,000’’ each 1932(c)(4)(A)) is amended by striking ‘‘2018’’ and 382N of such Act (7 U.S.C. 2009aa–13) is amend- place it appears and inserting ‘‘$200,000’’; and inserting ‘‘2023’’. ed by striking ‘‘2018’’ and inserting ‘‘2023’’. (2) in clause (vii), by striking ‘‘$30,000,000 for SEC. 6224. NORTHERN GREAT PLAINS REGIONAL each of fiscal years 2008 through 2018’’ and in- SEC. 6213. RURAL COOPERATIVE DEVELOPMENT GRANTS. AUTHORITY. serting ‘‘$15,000,000 for each of fiscal years 2019 (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- through 2023’’. (a) IN GENERAL.—Section 310B(e)(13) of the Consolidated Farm and Rural Development Act tion 383N(a) of the Consolidated Farm and SEC. 6205. RURAL WATER AND WASTEWATER (7 U.S.C. 1932(e)(13)) is amended by striking Rural Development Act (7 U.S.C. 2009bb–12(a)) TECHNICAL ASSISTANCE AND TRAIN- is amended by striking ‘‘$30,000,000 for each of ING PROGRAMS. ‘‘2018’’ and inserting ‘‘2023’’. fiscal years 2008 through 2018’’ and inserting (a) Section 306(a)(14)(A) of the Consolidated (b) TECHNICAL CORRECTION.—Section ‘‘$2,000,000 for each of fiscal years 2019 through Farm and Rural Development Act (7 U.S.C. 310B(e)(11)(B)(i) of the Consolidated Farm and 2023’’. 1926(a)(14)(A)) is amended— Rural Development Act (7 U.S.C. (b) TERMINATION OF AUTHORITY.—Section (1) by striking ‘‘and’’ at the end of clause (ii); 1932(e)(11)(B)(i)) is amended by striking ‘‘(12)’’ 383O of such Act (7 U.S.C. 2009bb–13) is amend- (2) by striking the period at the end of clause and inserting ‘‘(13)’’. ed by striking ‘‘2018’’ and inserting ‘‘2023’’. (iii) and inserting ‘‘; and’’; and SEC. 6214. LOCALLY OR REGIONALLY PRODUCED (3) by adding at the end the following: AGRICULTURAL FOOD PRODUCTS. SEC. 6225. RURAL BUSINESS INVESTMENT PRO- ‘‘(iv) identify options to enhance long term Section 310B(g)(9)(B)(iv)(I) of the Consoli- GRAM. sustainability of rural water and waste systems dated Farm and Rural Development Act (7 Section 384S of the Consolidated Farm and to include operational practices, revenue en- U.S.C. 1932(g)(9)(B)(iv)(I)) is amended by strik- Rural Development Act (7 U.S.C. 2009cc–18) is hancements, policy revisions, partnerships, con- ing ‘‘2018’’ and inserting ‘‘2023’’. amended by striking ‘‘2018’’ and inserting solidation, regionalization, or contract serv- SEC. 6215. APPROPRIATE TECHNOLOGY TRANS- ‘‘2023’’. ices.’’. FER FOR RURAL AREAS PROGRAM. Subtitle D—Rural Electrification Act of 1936 (b) Section 306(a)(14)(C) of such Act (7 U.S.C. Section 310B(i)(4) of the Consolidated Farm SEC. 6301. GUARANTEES FOR BONDS AND NOTES 1926(a)(14)(C)) is amended by striking ‘‘1 nor and Rural Development Act (7 U.S.C. 1932(i)(4)) ISSUED FOR ELECTRIFICATION OR more than 3’’ and inserting ‘‘3 nor more than is amended by striking ‘‘2018’’ and inserting TELEPHONE PURPOSES. 5’’. ‘‘2023’’. Section 313A(f) of the Rural Electrification SEC. 6206. RURAL WATER AND WASTEWATER CIR- SEC. 6216. RURAL ECONOMIC AREA PARTNERSHIP Act of 1936 (7 U.S.C. 940c–1(f)) is amended by CUIT RIDER PROGRAM. ZONES. striking ‘‘2018’’ and inserting ‘‘2023’’. Section 306(a)(22)(B) of the Consolidated Section 310B(j) of the Consolidated Farm and SEC. 6302. EXPANSION OF 911 ACCESS. Farm and Rural Development Act (7 U.S.C. Rural Development Act (7 U.S.C. 1932(j)) is Section 315(d) of the Rural Electrification Act 1926(a)(22)(B)) is amended by striking amended by striking ‘‘2018’’ and inserting of 1936 (7 U.S.C. 940e(d)) is amended by striking ‘‘$20,000,000 for fiscal year 2014’’ and inserting ‘‘2023’’. ‘‘2018’’ and inserting ‘‘2023’’. ‘‘$25,000,000 for fiscal year 2018’’. SEC. 6217. INTERMEDIARY RELENDING PROGRAM. SEC. 6303. IMPROVEMENTS TO THE GUARANTEED SEC. 6207. TRIBAL COLLEGE AND UNIVERSITY ES- Section 310H(e) of the Consolidated Farm and UNDERWRITER PROGRAM. SENTIAL COMMUNITY FACILITIES. Rural Development Act (7 U.S.C. 1936b(e)) is (a) Section 313A of the Rural Electrification Section 306(a)(25)(C) of the Consolidated Farm amended by striking ‘‘$25,000,000 for each of fis- Act of 1936 (7 U.S.C. 940c-1) is amended— and Rural Development Act (7 U.S.C. cal years 2014 through 2018’’ and inserting (1) by striking subsection (a) and inserting the 1926(a)(25)(C)) is amended by striking ‘‘$10,000,000 for each of fiscal years 2019 through following: ‘‘$10,000,000 for each of fiscal years 2008 through 2023’’. ‘‘(a) GUARANTEES.—

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‘‘(1) IN GENERAL.—Subject to subsection (b), 2019 through 2023 to carry out this section, to (1) by amending subsection (i) to read as fol- the Secretary shall guarantee payments on remain available until expended. lows: bonds or notes issued by cooperative or other ‘‘(2) OTHER FUNDS.—In addition to the funds ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— lenders organized on a not-for-profit basis, if described in paragraph (1), the Secretary shall There is authorized to be appropriated to carry the proceeds of the bonds or notes are used to use to provide grants and loans under this sec- out this section $2,000,000 for each of fiscal make utility infrastructure loans, or refinance tion— years 2014 through 2023.’’; and bonds or notes issued for such purposes, to a ‘‘(A) the interest differential sums credited to (2) by adding at the end the following: borrower that has at any time received, or is eli- the subaccount described in subsection (c); and ‘‘(k) WOOD AND WOOD-BASED PRODUCTS.— gible to receive, a loan under this Act. ‘‘(B) subject to section 313A(e)(2), the fees de- Notwithstanding any other provision of law, a ‘‘(2) TERMS.—A bond or note guaranteed scribed in subsection (c)(4) of such section. Federal agency may not place limitations on the under this section shall— ‘‘(f) MAINTENANCE OF ACCOUNT.—The Sec- procurement of wood and wood-based products ‘‘(A) have a term of 35 years; and retary shall maintain the subaccount described that are more limiting than those in this sec- ‘‘(B) by agreement between the Secretary and in section 313(b)(2), as in effect in fiscal year tion.’’. the borrower, be repaid by the borrower by— 2017, for purposes of carrying out this section.’’. SEC. 6403. BIOREFINERY, RENEWABLE, CHEM- ‘‘(i) periodic installments of principal and in- (d) Section 313A of the Rural Electrification ICAL, AND BIOBASED PRODUCT MAN- terest; Act of 1936 (7 U.S.C. 940c-1) is amended— UFACTURING ASSISTANCE. ‘‘(ii) periodic installments of interest and, at (1) in subsection (c)(4)— Section 9003 of the Farm Security and Rural the end of the term of the bond or note, by the (A) in subparagraph (A), by striking ‘‘main- Investment Act of 2002 (7 U.S.C. 8103) is amend- repayment of the outstanding principal; or tained under section 313(b)(2)(A)’’ and inserting ed— ‘‘(iii) a combination of the methods for repay- ‘‘that shall be maintained as required by sec- (1) in subsection (b)(3)(A), by striking ‘‘and’’ ment provided under clauses (i) and (ii).’’; and tions 313(b)(2) and 313B(f)’’; and at the end and inserting ‘‘or’’; and (2) in subsection (b)— (B) in subparagraph (B), by striking (2) by amending subsection (g) to read as fol- (A) in paragraph (1), by striking ‘‘for eligible ‘‘313(b)(2)(B)’’ and inserting ‘‘313(b)(2)’’; and lows: electrification or telephone purposes consistent (2) in subsection (e)(2), by striking ‘‘ main- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— with this Act’’ and inserting ‘‘to borrowers detained under section 313(b)(2)(A)’’ and inserting There is authorized to be appropriated to carry scribed in subsection (a)’’; and ‘‘required to be maintained by sections 313(b)(2) out this section $75,000,000 for each of fiscal (B) in paragraph (3)— and 313B(f)’’. years 2014 through 2023.’’. (i) in subparagraph (A), by striking ‘‘for elec- (e)(1) Subject to section 313B(e) of the Rural SEC. 6404. REPOWERING ASSISTANCE PROGRAM. trification or telephone purposes’’ and inserting Electrification Act of 1936 (as added by this sec- Section 9004(d) of the Farm Security and ‘‘to borrowers under this Act’’; and tion), the Secretary of Agriculture shall carry Rural Investment Act of 2002 (7 U.S.C. 8104(d)) (ii) in subparagraph (C), by striking ‘‘for eligi- out the loan and grant program required under is amended to read as follows: ble purposes described in subsection (a)’’ and in- such section in the same manner as the loan ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— serting ‘‘to borrowers described in subsection and grant program under section 313(b)(2) of There is authorized to be appropriated to carry (a)’’. such Act is carried out on the day before the out this section $10,000,000 for each of fiscal (b)(1) The Secretary shall carry out section date of the enactment of this Act, until such years 2014 through 2023.’’. 313A of the Rural Electrification Act of 1936 (7 time as any regulations necessary to carry out SEC. 6405. BIOENERGY PROGRAM FOR ADVANCED U.S.C. 940c–1), including the amendments made the amendments made by this section are fully BIOFUELS. by this section, under a Notice of Solicitation of implemented. Section 9005 of the Farm Security and Rural Applications until all regulations necessary to (2) Paragraph (1) shall take effect on the date Investment Act of 2002 (7 U.S.C. 8105) is amend- carry out the amendments made by this section of the enactment of this Act. ed— are fully implemented. (1) in subsection (e)— Subtitle E—Farm Security and Rural (2) Paragraph (1) shall take effect on the date (A) by striking ‘‘The Secretary may’’ and in- Investment Act of 2002 of the enactment of this Act. serting the following new paragraph: SEC. 6401. RURAL ENERGY SAVINGS PROGRAM. ‘‘(1) AMOUNT.—The Secretary shall’’; and SEC. 6304. EXTENSION OF THE RURAL ECONOMIC (B) by adding at the end the following new DEVELOPMENT LOAN AND GRANT Section 6407 of the Farm Security and Rural PROGRAM. Investment Act of 2002 (7 U.S.C. 8107a) is paragraph: (a) Section 12(b)(3)(D) of the Rural Elec- amended— ‘‘(2) FEEDSTOCK.—The total amount of pay- trification Act of 1936 (7 U.S.C. 912(b)(3)(D)) is (1) in subsection (c)— ments made in a fiscal year under this section to amended by striking ‘‘313(b)(2)(A)’’ and insert- (A) by redesignating paragraphs (4) through one or more eligible producers for the production ing ‘‘313(b)(2)’’. (7) as paragraphs (5) through (8), respectively; of advanced biofuels derived from a single eligi- (b) Section 313(b)(2) of such Act (7 U.S.C. (B) by inserting after paragraph (3) the fol- ble commodity shall not exceed one-third of the 940c(b)(2)) is amended— lowing: total amount of funds made available under (1) by striking all that precedes ‘‘shall main- ‘‘(4) ELIGIBILITY FOR OTHER LOANS.—The Sec- subsection (g).’’; and tain’’ and inserting the following: retary shall not include any debt incurred under (2) in subsection (g)— (A) by striking paragraphs (1) and (2) and in- ‘‘(2) RURAL ECONOMIC DEVELOPMENT SUB- this section in the calculation of a borrower’s serting the following new paragraph: ACCOUNT.—The Secretary’’; and debt-equity ratio for purposes of eligibility for ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— (2) by striking subparagraphs (B) through (E). loans made pursuant to the Rural Electrifica- There is authorized to be appropriated to carry (c) Title III of such Act (7 U.S.C. 931–940h) is tion Act of 1936 (7 U.S.C. 901 et. seq.).’’; and out this section $50,000,000 for each of fiscal amended by inserting after section 313A the fol- (C) by adding at the end the following: years 2019 through 2023.’’; and lowing: ‘‘(9) ACCOUNTING.—The Secretary shall take appropriate steps to streamline the accounting (B) by redesignating paragraph (3) as para- ‘‘SEC. 313B. RURAL DEVELOPMENT LOANS AND graph (2). GRANTS. requirements imposed on borrowers under this section while maintaining adequate assurances SEC. 6406. BIODIESEL FUEL EDUCATION PRO- ‘‘(a) IN GENERAL.—The Secretary shall pro- GRAM. vide grants or zero interest loans to borrowers of repayment of the loan.’’; (2) in subsection (d)(1)(A), by striking ‘‘3 per- Section 9006(d) of the Farm Security and under this Act for the purpose of promoting Rural Investment Act of 2002 (7 U.S.C. 8106(d)) rural economic development and job creation cent’’ and inserting ‘‘5 percent’’; (3) by redesignating subsection (h) as sub- is amended to read as follows: projects, including funding for project feasibility ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— section (i); studies, start-up costs, incubator projects, and There is authorized to be appropriated to carry (4) by inserting after subsection (g) the fol- other reasonable expenses for the purpose of fos- out this section $2,000,000 for each of fiscal lowing: tering rural development. years 2019 through 2023.’’. ‘‘(h) REPORT TO CONGRESS.—Not later than ‘‘(b) REPAYMENTS.—In the case of zero inter- SEC. 6407. RURAL ENERGY FOR AMERICA PRO- est loans, the Secretary shall establish such rea- 120 days after the end of each fiscal year, the Secretary shall submit to the Committees on Ag- GRAM. sonable repayment terms as will encourage bor- Section 9007(g) of the Farm Security and riculture and Appropriations of the House of rower participation. Rural Investment Act of 2002 (7 U.S.C. 8107(g)) Representatives and the Committees on Agri- ‘‘(c) PROCEEDS.—All proceeds from the repay- is amended— culture, Nutrition, and Forestry and Appropria- ment of such loans made under this section shall (1) in paragraph (1)(E), by striking ‘‘for fiscal tions of the Senate a report that describes— be returned to the subaccount that the Secretary year 2014 and each fiscal year thereafter’’ and ‘‘(1) the number of applications received shall maintain in accordance with sections inserting ‘‘for each of the fiscal years 2014 under this section in such fiscal year; 313(b)(2) and 313B(f). through 2018’’; and ‘‘(2) the number of loans made to eligible enti- ‘‘(d) NUMBER OF GRANTS.—Loans and grants (2) in paragraph (3), by striking ‘‘2018’’ and ties under this section in such fiscal year; and required under this section shall be made during inserting ‘‘2023’’. each fiscal year to the full extent of the ‘‘(3) the recipients of such loans.’’; and (5) in subsection (i), as so redesignated, by SEC. 6408. CATEGORICAL EXCLUSION FOR amounts made available under subsection (e). GRANTS AND FINANCIAL ASSIST- ‘‘(e) FUNDING.— striking ‘‘2018’’ and inserting ‘‘2023’’. ANCE MADE UNDER THE RURAL EN- ‘‘(1) DISCRETIONARY FUNDING.—In addition to SEC. 6402. BIOBASED MARKETS PROGRAM. ERGY FOR AMERICA PROGRAM. other funds that are available to carry out this Section 9002 of the Farm Security and Rural Section 9007 of the Farm Security and Rural section, there is authorized to be appropriated Investment Act of 2002 (7 U.S.C. 8102) is amend- Investment Act of 2002 (7 U.S.C. 8107) is amend- not more than $10,000,000 for each of fiscal years ed— ed by adding at the end the following:

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‘‘(h) CATEGORICAL EXCLUSION.—The provision (H) Subtitle I (7 U.S.C. 2009dd–2009dd-7). 901 note) is amended by striking ‘‘the Rural of a grant or financial assistance under this sec- (2) CONFORMING AMENDMENT.—Section Telephone Bank and’’. tion to any electric generating facility, includ- 333A(h) of such Act (7 U.S.C. 1983a(h)) is (13) The first section of Public Law 92–12 (7 ing one fueled with wind, solar, or biomass, that amended by striking ‘‘310B(f),’’. U.S.C. 921a) is repealed. has a rating of 10 average megawatts or less is (b) RURAL ELECTRIFICATION ACT OF 1936.— (14) The first section of Public Law 92–324 (7 a category of actions hereby designated as being (1) IN GENERAL.—The following provisions of U.S.C. 921b) is repealed. categorically excluded from any requirement to the Rural Electrification Act of 1936 are hereby (15) Section 1414 of the Omnibus Budget Rec- prepare an environmental assessment or an en- repealed: onciliation Act of 1987 (7 U.S.C. 944a) is re- vironmental impact statement under section 102 (A) Section 314 (7 U.S.C. 940d). pealed. of the National Environmental Policy Act of (B) Section 602 (7 U.S.C. 950bb-1). (16) Section 1411 of the Omnibus Budget Rec- 1969 (42 U.S.C. 4332).’’. (2) CONFORMING AMENDMENT.—Sections 604 onciliation Act of 1987 (7 U.S.C. 948 notes) is SEC. 6409. RURAL ENERGY SELF-SUFFICIENCY and 605 of such Act, as added by sections 6102 amended by striking subsections (a) and (b). INITIATIVE. and 6115 of this Act, are redesignated as sec- (17) Section 3.8(b)(1)(A) of the Farm Credit Section 9009 of the Farm Security and Rural tions 602 and 604, respectively, and section 602 Act of 1971 (12 U.S.C. 2129(b)(1)(A)) is amended Investment Act of 2002 (7 U.S.C. 8109) is re- (as so redesignated) is transferred to just after by striking ‘‘or a loan or loan commitment from pealed. section 601 of the Rural Electrification Act of the Rural Telephone Bank,’’. 1936. (18) Section 105(d) of the National Consumer SEC. 6410. FEEDSTOCK FLEXIBILITY. Cooperative Bank Act (12 U.S.C. 3015(d)) is Section 9010(b) of the Farm Security and SEC. 6602. REPEAL OF RURAL TELEPHONE BANK. amended by striking ‘‘the Rural Telephone Rural Investment Act of 2002 (7 U.S.C. 8110(b)) (a) REPEAL.—Title IV of the Rural Electrifica- Bank,’’. is amended— tion Act of 1936 (7 U.S.C. 941–950b) is repealed. (b) CONFORMING AMENDMENTS.— (19) Section 9101 of title 31, United States (1) in paragraph (1)(A), by striking ‘‘2018’’ Code, is amended— and inserting ‘‘2023’’; and (1) Section 18 of such Act (7 U.S.C. 918) is amended in each of subsections (a) and (b) by (A) in paragraph (2), by striking subpara- (2) in paragraph (2)(A), by striking ‘‘2018’’ graph (H) and redesignating subparagraphs (I), and inserting ‘‘2023’’. striking ‘‘and the Governor of the telephone bank’’. (J), and (K) as subparagraphs (H), (I), and (J), SEC. 6411. BIOMASS CROP ASSISTANCE PROGRAM. (2) Section 204 of such Act (7 U.S.C. 925) is respectively; and Section 9011(f) of the Farm Security and amended by striking ‘‘and the Governor of the (B) in paragraph (3), by striking subpara- Rural Investment Act of 2002 (7 U.S.C. 8111(f)) telephone bank’’. graph (K) and redesignating subparagraphs (L) is amended by striking paragraph (1) and insert- (3) Section 205(a) of such Act (7 U.S.C. 926) is through (R) as subparagraphs (K) through (P), ing the following new paragraph: amended— respectively. ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— (A) in the matter preceding paragraph (1), by (20) Section 9108(d)(2) of title 31, United States There is authorized to be appropriated to carry striking ‘‘and the Governor of the telephone Code, is amended by striking ‘‘the Rural Tele- out this section $25,000,000 for each of fiscal bank’’; and phone Bank (when the ownership, control, and years 2019 through 2023.’’. (B) in paragraph (2), by striking ‘‘or the Gov- operation of the Bank are converted under sec- Subtitle F—Miscellaneous ernor of the telephone bank’’. tion 410(a) of the Rural Electrification Act of 1936 (7 U.S.C. 950(a))),’’. SEC. 6501. VALUE-ADDED AGRICULTURAL PROD- (4) Section 206(a) of such Act (7 U.S.C. 927(a)) UCT MARKET DEVELOPMENT is amended— SEC. 6603. AMENDMENTS TO LOCAL TV ACT. GRANTS. (A) in the matter preceding paragraph (1), by The Launching Our Communities’ Access to Section 231(b)(7) of the Agricultural Risk Pro- striking ‘‘and the Governor of the telephone Local Television Act of 2000 (title X of H.R. 5548 tection Act of 2000 (7 U.S.C. 1632a(b)(7)) is bank’’; and of the 106th Congress, as enacted by section amended— (B) in paragraph (4), by striking ‘‘or 408’’. 1(a)(2) of Public Law 106–553; 114 Stat. 2762A– (1) in subparagraph (B), by striking (5) Section 206(b) of such Act (7 U.S.C. 927(b)) 128) is amended— ‘‘$40,000,000 for each of fiscal years 2008 through is amended— (1) by striking the title heading and inserting 2018’’ and inserting ‘‘$50,000,000 for each of fis- (A) in the matter preceding paragraph (1), by the following: cal years 2019 through 2023’’; and striking ‘‘and the Governor of the telephone ‘‘TITLE X—SATELLITE CARRIER (2) by striking subparagraph (A) and redesig- bank’’; RETRANSMISSION ELIGIBILITY’’; (B) in paragraph (1), by striking ‘‘, or a Rural nating subparagraphs (B) and (C) as subpara- (2) by striking sections 1001 through 1007 and Telephone Bank loan,’’; and graphs (A) and (B), respectively. 1009 through 1012; and (C) in paragraph (2), by striking ‘‘, the Rural SEC. 6502. AGRICULTURE INNOVATION CENTER (3) by redesignating section 1008 as section Telephone Bank,’’. DEMONSTRATION PROGRAM. 1001. Section 6402(i) of the Farm Security and Rural (6) Section 207(1) of such Act (7 U.S.C. 928(1)) Subtitle H—Technical Corrections Investment Act of 2002 (7 U.S.C. 1632b(i)) is is amended— amended by striking ‘‘2018’’ and inserting (A) by striking ‘‘305,’’ and inserting ‘‘ 305 or’’; SEC. 6701. CORRECTIONS RELATING TO THE CON- ‘‘2023’’. and SOLIDATED FARM AND RURAL DE- (B) by striking ‘‘, or a loan under section VELOPMENT ACT. SEC. 6503. REGIONAL ECONOMIC AND INFRA- 408,’’. (a)(1) Section 306(a)(19)(A) of the Consoli- STRUCTURE DEVELOPMENT COM- dated Farm and Rural Development Act (7 MISSIONS. (7) Section 301 of such Act (7 U.S.C. 931) is U.S.C. 1926(a)(19)(A)) is amended by inserting Section 15751(a) of title 40, United States amended— after ‘‘nonprofit corporations’’ the following: ‘‘, Code, is amended by striking ‘‘2018’’ and insert- (A) in paragraph (3), by striking ‘‘except for Indian tribes (as defined in section 4(e) of the ing ‘‘2023’’. net collection proceeds previously appropriated for the purchase of class A stock in the Rural Indian Self-Determination and Education As- SEC. 6504. DEFINITION OF RURAL AREA FOR PUR- Telephone Bank,’’; sistance Act)’’. POSES OF THE HOUSING ACT OF (2) The amendment made by this subsection 1949. (B) by adding ‘‘or’’ at the end of paragraph shall take effect as if included in section 773 of The second sentence of section 520 of the (4); the Agriculture, Rural Development, Food and Housing Act of 1949 (42 U.S.C. 1490) is amend- (C) by striking ‘‘; and’’ at the end of para- Drug Administration, and Related Agencies Ap- ed— graph (5) and inserting a period; and propriations Act, 2001 (H.R. 5426 of the 106th (1) by striking ‘‘or 2010 decennial census’’ and (D) by striking paragraph (6). (8) Section 305(d)(2)(B) of such Act (7 U.S.C. Congress, as enacted by Public Law 106–387 (114 inserting ‘‘2010, or 2020 decennial census’’; 935(d)(2)(B)) is amended— Stat. 1549A–45)) in lieu of the amendment made (2) by striking ‘‘December 31, 2010,’’ and in- (A) in clause (i), by striking ‘‘and a loan by such section. serting ‘‘December 31, 2020,’’ ; and under section 408’’; and (b)(1) Section 309A(b) of the Consolidated (3) by striking ‘‘year 2020’’ and inserting (B) in clause (ii), by striking ‘‘and under sec- Farm and Rural Development Act (7 U.S.C. ‘‘year 2030’’. tion 408’’ each place it appears. 1929a(b)) is amended by striking ‘‘and section Subtitle G—Program Repeals (9) Section 305(d)(3)(C) of such Act (7 U.S.C. 308’’. SEC. 6601. ELIMINATION OF UNFUNDED PRO- 935(d)(3)(C)) is amended by striking ‘‘and sec- (2) The amendment made by this subsection GRAMS. tion 408(b)(4)(C), the Secretary and the Gov- shall take effect as if included in the enactment (a) CONSOLIDATED FARM AND RURAL DEVEL- ernor of the telephone bank’’ and inserting ‘‘the of section 661(c)(2) of the Federal Agricultural OPMENT ACT.— Secretary’’. Improvement and Reform Act of 1996 (Public (1) REPEALERS.—The following provisions of (10) Section 306 of such Act (7 U.S.C. 936) is Law 104–127). the Consolidated Farm and Rural Development amended by striking ‘‘the Rural Telephone (c) Section 310B(c)(3)(A)(v) of the Consoli- Act are hereby repealed: Bank, National Rural Utilities Cooperative Fi- dated Farm and Rural Development Act (7 (A) Section 306(a)(23) (7 U.S.C. 1926(a)(23)). nance Corporation,’’ and inserting ‘‘the Na- U.S.C. 1932(c)(3)(A)(v)) is amended by striking (B) Section 310B(f) (7 U.S.C. 1932(f)). tional Rural Utilities Cooperative Finance Cor- ‘‘and’’ after the semicolon and inserting ‘‘or’’. (C) Section 379 (7 U.S.C. 2008n). poration’’. (d)(1) Section 310B(e)(5)(F) of the Consoli- (D) Section 379A (7 U.S.C. 2008o). (11) Section 309 of such Act (7 U.S.C. 739) is dated Farm and Rural Development Act (7 (E) Section 379C (7 U.S.C. 2008q). amended by striking the last sentence. U.S.C. 1932(e)(5)(F)) is amended by inserting ‘‘, (F) Section 379D (7 U.S.C. 2008r). (12) Section 2352(b) of the Food, Agriculture, except that the Secretary shall not require non- (G) Section 379F (7 U.S.C. 2008t). Conservation, and Trade Act of 1990 (7 U.S.C. Federal financial support in an amount that is

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greater than 5 percent in the case of a 1994 insti- Teaching Policy Act of 1977 (7 U.S.C. 3103(14)) is (b) TERMINATION OF CERTAIN DECLARATIONS tution (as defined in section 532 of the Equity in amended— OF INTENT.—Section 1404 of the National Agri- Educational Land-Grant Status Act of 1994 (7 (A) by amending subparagraph (A) to read as cultural Research, Extension, and Teaching U.S.C. 301 note; Public Law 103–382))’’ before follows: Policy Act of 1977 (7 U.S.C. 3103) is amended— the period at the end. ‘‘(A) IN GENERAL.— (1) in paragraph (5)(B), by striking ‘‘2018’’ (2) The amendment made by this subsection ‘‘(i) DEFINITION.—The terms ‘NLGCA Institu- and inserting ‘‘2023’’; and shall take effect as if included in the enactment tion’ and ‘non-land-grant college of agriculture’ (2) in paragraph (10)(C), by striking ‘‘2018’’ of section 6015 of the Farm Security and Rural mean a public college or university offering a and inserting ‘‘2023’’. Investment Act of 2002 (Public Law 107–171). baccalaureate or higher degree in the study of SEC. 7103. NATIONAL AGRICULTURAL RESEARCH, (e)(1) Section 381E(d)(3) of the Consolidated agricultural sciences, forestry, or both in any EXTENSION, EDUCATION, AND ECO- Farm and Rural Development Act (7 U.S.C. area of study specified in clause (ii). NOMICS ADVISORY BOARD. 2009d(d)(3)) is amended by striking subpara- ‘‘(ii) CLARIFICATION.—For purposes of clause Section 1408 of the National Agricultural Re- graph (A) and redesignating subparagraphs (B) (i), an area of study specified in this clause is search, Extension, and Teaching Policy Act of and (C) as subparagraphs (A) and (B), respec- any of the following: 1977 (7 U.S.C. 3123) is amended— tively. ‘‘(I) Agriculture. (1) in subsection (b)— (2) The amendment made by paragraph (1) ‘‘(II) Agricultural business and management. (A) in paragraph (1), by striking ‘‘25’’ and in- shall take effect as if included in the enactment ‘‘(III) Agricultural economics. serting ‘‘15’’; and of section 6012(b) of the Agricultural Act of 2014 ‘‘(IV) Agricultural mechanization. (B) by amending paragraph (3) to read as fol- (Public Law 113–79). ‘‘(V) Agricultural production operations. lows: (f)(1) Section 382A of the Consolidated Farm ‘‘(VI) Aquaculture. ‘‘(3) MEMBERSHIP CATEGORIES.—The Advisory and Rural Development Act (7 U.S.C. 2009aa) is ‘‘(VII) Agricultural and food products proc- Board shall consist of members from each of the amended by adding at the end the following: essing. following categories: ‘‘(4) Notwithstanding any other provision of ‘‘(VIII) Agricultural and domestic animal ‘‘(A) 3 members representing national farm or law, the State of Alabama shall be a full member services. producer organizations, which may include of the Delta Regional Authority and shall be en- ‘‘(IX) Equestrian or equine studies. members— titled to all rights and privileges that said mem- ‘‘(X) Applied horticulture or horticulture op- ‘‘(i) representing farm cooperatives; bership affords to all other participating States erations. ‘‘(ii) who are producers actively engaged in in the Delta Regional Authority.’’. ‘‘(XI) Ornamental horticulture. the production of a food animal commodity and (2) The amendment made by this subsection ‘‘(XII) Greenhouse operations and manage- who are recommended by a coalition of national shall take effect as if included in the enactment ment. livestock organizations; of section 153(b) of division B of H.R. 5666, as ‘‘(XIII) Turf and turfgrass management. ‘‘(iii) who are producers actively engaged in introduced in the 106th Congress, and as en- ‘‘(XIV) Plant nursery operations and manage- the production of a plant commodity and who acted by section 1(4) of the Consolidated Appro- ment. are recommended by a coalition of national crop priations Act, 2001 (Appendix D of Public Law ‘‘(XV) Floriculture or floristry operations and organizations; or 106–554; 114 Stat. 2763A–252). management. ‘‘(iv) who are producers actively engaged in (g) Section 382E(a)(1)(B) of the Consolidated ‘‘(XVI) International agriculture. aquaculture and who are recommended by a co- Farm and Rural Development Act (7 ‘‘(XVII) Agricultural public services. alition of national aquacultural organizations. U.S.C.2009aa-4(a)(1)(B)) is amended by moving ‘‘(XVIII) Agricultural and extension edu- ‘‘(B) 2 members representing academic or re- clause (iv) 2 ems to the right. cation services. search societies, which may include members (h) Section 383G(c) of the Consolidated Farm ‘‘(XIX) Agricultural communication or agri- representing— and Rural Development Act (7 U.S.C. 2009bb- cultural journalism. ‘‘(i) a national food animal science society; 5(c)) is amended— ‘‘(XX) Animal sciences. ‘‘(ii) a national crop, soil, agronomy, horti- (1) in the subsection heading by striking ‘‘(XXI) Food science. culture, plant pathology, or weed science soci- ‘‘TELECOMMUNICATION RENEWABLE ENERGY,,’’ ‘‘(XXII) Plant sciences. ety; and inserting ‘‘TELECOMMUNICATION, RENEW- ‘‘(XXIII) Soil sciences. ‘‘(iii) a national food science organization; ABLE ENERGY,’’; and ‘‘(XXIV) Forestry. ‘‘(iv) a national human health association; or ‘‘(v) a national nutritional science society. (2) in the text, by striking ‘‘,,’’ and inserting ‘‘(XXV) Forest sciences and biology. ‘‘(C) 5 members representing agricultural re- a comma. ‘‘(XXVI) Natural resources or conservation. search, extension, and education, which shall SEC. 6702. CORRECTIONS RELATING TO THE ‘‘(XXVII) Natural resources management and include each of the following: RURAL ELECTRIFICATION ACT OF policy. ‘‘(i) 1 member representing the land-grant col- 1936. ‘‘(XXVIII) Natural resource economics. leges and universities eligible to receive funds (a) Section 201 of the Rural Electrification Act ‘‘(XXIX) Urban forestry. under the Act of July 2, 1862 (7 U.S.C. 301 et of 1936 (7 U.S.C. 922) is amended in the 3rd sen- ‘‘(XXX) Wood science and wood products or seq.). tence by striking ‘‘wildest’’ and inserting pulp or paper technology. ‘‘(ii) 1 member representing the land-grant ‘‘widest’’. ‘‘(XXXI) Range science and management. colleges and universities eligible to receive funds (b)(1) Section 601(d)(8)(A)(ii)(V) of such Act (7 ‘‘(XXXII) Agricultural engineering.’’; and under the Act of August 30, 1890 (7 U.S.C. 321 et U.S.C. 950bb(d)(8)(A)(ii)(V)) is amended by (B) in subparagraph (C)— seq.), including Tuskegee University. striking the semicolon and inserting a period. (i) in the matter preceding clause (i), by in- ‘‘(iii) 1 member representing the 1994 Institu- (2) The amendment made by paragraph (1) serting ‘‘any institution designated under’’ after tions (as defined in section 532 of the Equity in shall take effect as if included in the enactment ‘‘include’’; Educational Land-Grant Status Act of 1994 (7 of section 6104(a)(2)(E) of the Agricultural Act (ii) by striking clause (i); and U.S.C. 301 note; Public Law 103–382)). of 2014 (Public Law 113–79). (iii) in clause (ii)— ‘‘(iv) 1 member representing NLGCA Institu- TITLE VII—RESEARCH, EXTENSION, AND (I) by striking ‘‘(ii) any institution designated tions or Hispanic-serving institutions. RELATED MATTERS under—’’; ‘‘(v) 1 member representing the American Col- (II) by striking subclause (IV); Subtitle A—National Agricultural Research, leges of Veterinary Medicine. Extension, and Teaching Policy Act of 1977 (III) in subclause (II), by adding ‘‘or’’ at the ‘‘(D) 5 members representing industry, con- end; SEC. 7101. INTERNATIONAL AGRICULTURE RE- sumer, or rural interests, including members rep- SEARCH. (IV) in subclause (III), by striking ‘‘; or’’ at resenting— Section 1402 of the National Agricultural Re- the end and inserting a period; and ‘‘(i) entities engaged in transportation of food search, Extension, and Teaching Policy Act of (V) by redesignating subclauses (I), (II), and and agricultural products to domestic and for- 1977 (7 U.S.C. 3101) is amended— (III) (as so amended) as clauses (i), (ii), and eign markets; (1) in paragraph (7), by striking ‘‘and’’ at the (iii), respectively, and by moving the margins of ‘‘(ii) food retailing and marketing interests; end; such clauses (as so redesignated) two ems to the ‘‘(iii) food and fiber processors; (2) in paragraph (8), by striking the period at left. ‘‘(iv) rural economic development interests; the end and inserting ‘‘; and’’; and (2) DESIGNATION REVIEW.— ‘‘(v) a national consumer interest group; (3) by adding at the end the following new (A) IN GENERAL.—Not later than 90 days after ‘‘(vi) a national forestry group; paragraph: the date of the enactment of this Act, the Sec- ‘‘(vii) a national conservation or natural re- ‘‘(9) support international scientific collabora- retary shall establish a process to review each source group; tion that leverages resources and advances the designated NLGCA Institution (as defined in ‘‘(viii) a national social science association; or food and agricultural interests of the United section 1404(14)(A) of the National Agricultural ‘‘(ix) private sector organizations involved in States.’’. Research, Extension, and Teaching Policy Act international development.’’; SEC. 7102. MATTERS RELATED TO CERTAIN of 1977 (7 U.S.C. 3103(14)(A))) to ensure compli- (2) in subsection (c)— SCHOOL DESIGNATIONS AND DEC- ance with such section, as amended by this sub- (A) in paragraph (1)— LARATIONS. section. (i) in the matter preceding subparagraph (A), (a) STUDY OF FOOD AND AGRICULTURAL (B) VIOLATION.—An NLGCA Institution that by striking ‘‘review and’’ and inserting ‘‘make SCIENCES.— the Secretary determines under subparagraph recommendations, review, and’’; (1) AMENDMENT.—Section 1404(14) of the Na- (A) to be not in compliance shall have the des- (ii) by striking subparagraph (A) and insert- tional Agricultural Research, Extension, and ignation of such institution revoked. ing the following new subparagraph:

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00119 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4100 CONGRESSIONAL RECORD — HOUSE May 16, 2018 ‘‘(A) long-term and short-term national poli- of 1977 (7 U.S.C. 3195(c)(1)) is amended by strik- ‘‘(2) The Hatch Act of 1887 (7 U.S.C. 361a et cies and priorities consistent with the— ing ‘‘2018’’ and inserting ‘‘2023’’. seq.). ‘‘(i) purposes specified in section 1402 for agri- SEC. 7112. EXTENSION CARRYOVER AT 1890 LAND- ‘‘(3) Sections 1444, 1445, and 1447 of the Na- cultural research, extension, education, and ec- GRANT COLLEGES, INCLUDING tional Agricultural Research, Extension, and onomics; and TUSKEGEE UNIVERSITY. Teaching Policy Act of 1977 (7 U.S.C. 3221; 3222; ‘‘(ii) priority areas of the Agriculture and Effective on October 1, 2018, section 1444(a) of 3222b). Food Research Initiative specified in subsection the National Agricultural Research, Extension, ‘‘(4) Public Law 87–788 (commonly known as (b)(2) of the Competitive, Special, and Facilities and Teaching Policy Act of 1977 (7 U.S.C. the McIntire-Stennis Cooperative Forestry Act; Research Grant Act (7 U.S.C. 3157(b)(2));’’; and 3221(a)) is amended by striking paragraph (4). 16 U.S.C. 582a et seq.). (iii) in subparagraph (B), by striking clause SEC. 7113. SCHOLARSHIPS FOR STUDENTS AT 1890 ‘‘(d) EXCEPTION.—Nothing in this section (i) and inserting the following new clause: INSTITUTIONS. shall be construed as limiting eligibility for a ca- ‘‘(i) are in accordance with the— Subtitle G of the National Agricultural Re- pacity and infrastructure program specified in ‘‘(I) purposes specified in a provision of a cov- search, Extension, and Teaching Policy Act of section 251(f)(1)(C) of the Department of Agri- ered law (as defined in subsection (d) of section 1977 is amended by inserting after section 1445 (7 culture Reorganization Act of 1994 (7 U.S.C. 1492) under which competitive grants (described U.S.C. 3222) the following new section: 6971(f)(1)(C)) that is not a covered program. ’’. in subsection (c) of such section) are awarded; and ‘‘SEC. 1446. SCHOLARSHIPS FOR STUDENTS AT SEC. 7118. COMPETITIVE GRANTS FOR INTER- ‘‘(II) priority areas of the Agriculture and 1890 INSTITUTIONS. NATIONAL AGRICULTURAL SCIENCE Food Research Initiative specified in subsection ‘‘(a) IN GENERAL.— AND EDUCATION PROGRAMS. (b)(2) of the Competitive, Special, and Facilities ‘‘(1) SCHOLARSHIP GRANT PROGRAM ESTAB- Section 1459A(c)(2) of the National Agricul- Research Grant Act (7 U.S.C. 3157(b)(2)); and’’; LISHED.—The Secretary shall establish and tural Research, Extension, and Teaching Policy (B) in paragraph (2), by inserting ‘‘and make carry out a grant program to make grants to Act of 1977 (7 U.S.C. 3292b(c)(2)) is amended by recommendations to the Secretary based on such each college or university eligible to receive striking ‘‘2018’’ and inserting ‘‘2023’’. evaluation’’ after ‘‘priorities’’; and funds under the Act of August 30, 1890 (com- SEC. 7119. LIMITATION ON INDIRECT COSTS FOR (C) in paragraph (4), by inserting ‘‘and make monly known as the Second Morrill Act; 7 AGRICULTURAL RESEARCH, EDU- recommendations on’’ after ‘‘review’’; and U.S.C. 322 et seq.), including Tuskegee Univer- CATION, AND EXTENSION PRO- (3) in subsection (h), by striking ‘‘2018’’ and sity, for purposes of awarding scholarships to GRAMS. inserting ‘‘2023’’. individuals who— Section 1462 of the National Agricultural Re- SEC. 7104. SPECIALTY CROP COMMITTEE. ‘‘(A) have been accepted for admission at such search, Extension, and Teaching Policy Act of Section 1408A(a)(2) of the National Agricul- college or university; 1977 (7 U.S.C. 3310) is amended— tural Research, Extension, and Teaching Policy ‘‘(B) will be enrolled at such college or univer- (1) in subsection (a), by striking ‘‘22 percent’’ Act of 1977 (7 U.S.C. 3123a(a)(2)) is amended— sity not later than one year after the date of and inserting ‘‘30 percent’’; (1) in subparagraph (A), by striking ‘‘spe- such acceptance; and (2) in subsection (b), by striking ‘‘Subsection ciality’’ and inserting ‘‘specialty’’; ‘‘(C) intend to pursue a career in the food and (a)’’ and inserting ‘‘Subsections (a) and (c)’’; (2) in subparagraph (B)— agricultural sciences, including a career in— and (A) in the matter preceding clause (i), by ‘‘(i) agribusiness; (3) by adding at the end the following: striking ‘‘9’’ and inserting ‘‘11’’; and ‘‘(ii) energy and renewable fuels; or ‘‘(c) TREATMENT OF SUBGRANTS.—In the case (B) in clause (i), by striking ‘‘Three’’ and in- ‘‘(iii) financial management. of a grant described in subsection (a), the limi- serting ‘‘Five’’; and ‘‘(2) AMOUNT OF GRANT.—Each grant made tation on indirect costs specified in such sub- (3) in subparagraph (D), by striking ‘‘2018’’ under this section shall be in the amount of section shall be applied to both the initial grant and inserting ‘‘2023’’. $1,000,000. award and any subgrant of the Federal funds SEC. 7105. RENEWABLE ENERGY COMMITTEE DIS- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— provided under the initial grant award so that CONTINUED. There is authorized to be appropriated to carry the total of all indirect costs charged against the Subtitle B of the National Agricultural Re- out this section $19,000,000 for each of fiscal total of the Federal funds provided under the search, Extension, and Teaching Policy Act of years 2019 through 2023.’’. initial grant award does not exceed such limita- 1977 (7 U.S.C. 3121 et seq.) is amended by strik- SEC. 7114. GRANTS TO UPGRADE AGRICULTURAL tion.’’. ing section 1408B. AND FOOD SCIENCES FACILITIES AT SEC. 7120. RESEARCH EQUIPMENT GRANTS. SEC. 7106. REPORT ON ALLOCATIONS AND 1890 LAND-GRANT COLLEGES, IN- CLUDING TUSKEGEE UNIVERSITY. The National Agricultural Research, Exten- MATCHING FUNDS FOR 1890 INSTI- sion, and Teaching Policy Act of 1977 is amend- TUTIONS. Section 1447(b) of the National Agricultural The Secretary of Agriculture shall annually Research, Extension, and Teaching Policy Act ed by inserting after section 1462 (7 U.S.C. 3310) transmit to Congress a report on the allocations of 1977 (7 U.S.C. 3222b(b)) is amended by strik- the following new section: made to, and matching funds received by, eligi- ing ‘‘2018’’ and inserting ‘‘2023’’. ‘‘SEC. 1462A. RESEARCH EQUIPMENT GRANTS. ble institutions pursuant to sections 1444 and SEC. 7115. GRANTS TO UPGRADE AGRICULTURE ‘‘(a) IN GENERAL.—The Secretary may make 1445 of the National Agricultural Research, Ex- AND FOOD SCIENCES FACILITIES competitive grants for the acquisition of special tension, and Teaching Policy Act of 1977 (7 AND EQUIPMENT AT INSULAR AREA purpose scientific research equipment for use in U.S.C. 3221, 3222). LAND-GRANT INSTITUTIONS. the food and agricultural sciences programs of SEC. 7107. GRANTS AND FELLOWSHIPS FOR FOOD Section 1447B(d) of the National Agricultural eligible institutions. AND AGRICULTURE SCIENCES EDU- Research, Extension, and Teaching Policy Act ‘‘(b) MAXIMUM AMOUNT.—The amount of a CATION. of 1977 (7 U.S.C. 3222b–2(d)) is amended by strik- grant made to an eligible institution under this Section 1417(m)(2) of the National Agricul- ing ‘‘2018’’ and inserting ‘‘2023’’. section may not exceed $500,000. tural Research, Extension, and Teaching Policy SEC. 7116. HISPANIC-SERVING INSTITUTIONS. ‘‘(c) PROHIBITION ON CHARGE OR EQUIPMENT Act of 1977 (7 U.S.C. 3152(m)(2)) is amended by Section 1455(c) of the National Agricultural AS INDIRECT COSTS.—The cost of acquisition or striking ‘‘2018’’ and inserting ‘‘2023’’. Research, Extension, and Teaching Policy Act depreciation of equipment purchased with a SEC. 7108. AGRICULTURAL AND FOOD POLICY RE- of 1977 (7 U.S.C. 3241(c)) is amended by striking grant under this section shall not be— SEARCH CENTERS. ‘‘2018’’ and inserting ‘‘2023’’. ‘‘(1) charged as an indirect cost against an- Section 1419A(e) of the National Agricultural SEC. 7117. LAND-GRANT DESIGNATION. other Federal grant; or Research, Extension, and Teaching Policy Act Subtitle C of the National Agricultural Re- ‘‘(2) included as part of the indirect cost pool of 1977 (7 U.S.C. 3155(e)) is amended by striking search, Extension, and Teaching Policy Act of for purposes of calculating the indirect cost rate ‘‘2018’’ and inserting ‘‘2023’’. 1977 (7 U.S.C. 3151 et seq.) is amended by adding of an eligible institution. SEC. 7109. EDUCATION GRANTS TO ALASKA NA- at the end the following new section: ‘‘(d) ELIGIBLE INSTITUTIONS DEFINED.—In this TIVE SERVING INSTITUTIONS AND section, the term ‘eligible institution’ means— ‘‘SEC. 1419C. LAND-GRANT DESIGNATION. NATIVE HAWAIIAN SERVING INSTI- ‘‘(1) a college or university; or TUTIONS. ‘‘(a) IN GENERAL.—Notwithstanding any other ‘‘(2) a State cooperative institution. provision of law, beginning on the date of the Section 1419B of the National Agricultural Re- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— search, Extension, and Teaching Policy Act of enactment of this section, no additional entity There is authorized to be appropriated to carry 1977 (7 U.S.C. 3156) is amended— may be designated as eligible to receive funds out this section $5,000,000 for each of fiscal (1) in subsection (a)(3), by striking ‘‘2018’’ and under a covered program. years 2019 through 2023.’’. inserting ‘‘2023’’; and ‘‘(b) STATE FUNDING.—No State shall receive (2) in subsection (b)(3), by striking ‘‘2018’’ and an increase in funding under a covered program SEC. 7121. UNIVERSITY RESEARCH. inserting ‘‘2023’’. as a result of the State’s designation of addi- Section 1463 of the National Agricultural Re- search, Extension, and Teaching Policy Act of SEC. 7110. REPEAL OF NUTRITION EDUCATION tional entities as eligible to receive such fund- PROGRAM. ing. 1977 (7 U.S.C. 3311) is amended by striking The National Agricultural Research, Exten- ‘‘(c) COVERED PROGRAM DEFINED.—For pur- ‘‘2018’’ each place it appears in subsections (a) sion, and Teaching Policy Act of 1977 is amend- poses of this section, the term ‘covered program’ and (b) and inserting ‘‘2023’’. ed by striking section 1425 (7 U.S.C. 3175). means agricultural research, extension, edu- SEC. 7122. EXTENSION SERVICE. SEC. 7111. CONTINUING ANIMAL HEALTH AND cation, and related programs or grants estab- Section 1464 of the National Agricultural Re- DISEASE RESEARCH PROGRAMS. lished or available under any of the following: search, Extension, and Teaching Policy Act of Section 1433(c)(1) of the National Agricultural ‘‘(1) Subsections (b), (c), and (d) of section 3 1977 (7 U.S.C. 3312) is amended by striking Research, Extension, and Teaching Policy Act of the Smith-Lever Act (7 U.S.C. 343). ‘‘2018’’ and inserting ‘‘2023’’.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00120 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4101 SEC. 7123. SUPPLEMENTAL AND ALTERNATIVE of 1977 (7 U.S.C. 3371(d)) is amended by striking ‘‘(9) to allow resources developed under this CROPS. paragraph (5). section, including data, software, germplasm, Section 1473D of the National Agricultural Re- Subtitle B—Food, Agriculture, Conservation, and other biological materials, to be openly ac- search, Extension, and Teaching Policy Act of and Trade Act of 1990 cessible to all persons, subject to any confiden- 1977 (7 U.S.C. 3319d) is amended— tiality requirements imposed by law; and (1) in subsection (a)— SEC. 7201. BEST UTILIZATION OF BIOLOGICAL AP- PLICATIONS. ‘‘(10) to encourage international partnerships (A) by striking ‘‘2018’’ and inserting ‘‘2023’’; Section 1624 of the Food, Agriculture, Con- with each partner country responsible for fi- and servation, and Trade Act of 1990 (7 U.S.C. 5814) nancing its own research.’’; (B) by striking ‘‘crops,’’ and inserting ‘‘crops (3) by amending subsection (b) to read as fol- is amended in the first sentence by striking (including canola),’’; lows: ‘‘2018’’ and inserting ‘‘2023’’. (2) in subsection (b)— ‘‘(b) DUTIES OF SECRETARY.—The Secretary of (A) by inserting ‘‘for agronomic rotational SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS. Agriculture shall conduct a research initiative purposes and for use as a habitat for honey bees Section 1627(d) of the Food, Agriculture, Con- (to be known as the ‘Agricultural Genome to and other pollinators’’ after ‘‘alternative servation, and Trade Act of 1990 (7 U.S.C. Phenome Initiative’) for the purpose of— crops’’; and 5821(d)) is amended by striking ‘‘2018’’ and in- ‘‘(1) studying agriculturally significant crops (B) by striking ‘‘commodities whose’’ and all serting ‘‘2023’’. in production environments to achieve sustain- that follows through the period at the end and SEC. 7203. SUSTAINABLE AGRICULTURE TECH- able and secure agricultural production; inserting ‘‘commodities.’’; and NOLOGY DEVELOPMENT AND TRANS- ‘‘(2) ensuring that current gaps in existing (3) in subsection (e)(2), by striking ‘‘2018’’ and FER PROGRAM. knowledge of agricultural crop genetics and inserting ‘‘2023’’. Section 1628(f)(2) of the Food, Agriculture, phenomics knowledge are filled; Conservation, and Trade Act of 1990 (7 U.S.C. ‘‘(3) identifying and developing a functional SEC. 7124. CAPACITY BUILDING GRANTS FOR 5831(f)(2)) is amended by striking ‘‘2018’’ and in- NLGCA INSTITUTIONS. understanding of agronomically relevant genes serting ‘‘2023’’. Section 1473F(b) of the National Agricultural from crops of importance to United States agri- Research, Extension, and Teaching Policy Act SEC. 7204. NATIONAL TRAINING PROGRAM. culture; of 1977 (7 U.S.C. 3319i(b)) is amended by striking Section 1629(i) of the Food, Agriculture, Con- ‘‘(4) ensuring future genetic improvement of ‘‘2018’’ and inserting ‘‘2023’’. servation, and Trade Act of 1990 (7 U.S.C. crops of importance to United States agri- 5832(i)) is amended by striking ‘‘2018’’ and in- culture; SEC. 7125. AQUACULTURE ASSISTANCE PRO- ‘‘(5) studying the relevance of diverse GRAMS. serting ‘‘2023’’. germplasm as a source of unique genes that may Section 1477(a)(2) of the National Agricultural SEC. 7205. NATIONAL GENETICS RESOURCES PRO- be of importance to United States agriculture in Research, Extension, and Teaching Policy Act GRAM. the future; of 1977 (7 U.S.C. 3324(a)(2)) is amended by strik- Section 1635(b)(2) of the Food, Agriculture, ‘‘(6) enhancing crop genetics to reduce the ing ‘‘2018’’ and inserting ‘‘2023’’. Conservation, and Trade Act of 1990 (7 U.S.C. 5844(b)(2)) is amended by striking ‘‘2018’’ and economic impact of plant pathogens on crops of SEC. 7126. RANGELAND RESEARCH PROGRAMS. inserting ‘‘2023’’. importance to United States agriculture; and Section 1483(a)(2) of the National Agricultural SEC. 7206. NATIONAL AGRICULTURAL WEATHER ‘‘(7) disseminating findings to relevant audi- Research, Extension, and Teaching Policy Act INFORMATION SYSTEM. ences.’’; of 1977 (7 U.S.C. 3336(a)(2)) is amended by strik- Section 1641(c) of the Food, Agriculture, Con- (4) in subsection (c)(1), by inserting ‘‘, acting ing ‘‘2018’’ and inserting ‘‘2023’’. servation, and Trade Act of 1990 (7 U.S.C. through the National Institute of Food and Ag- SEC. 7127. SPECIAL AUTHORIZATION FOR BIO- 5855(c)) is amended by striking ‘‘2018’’ and in- riculture,’’ after ‘‘The Secretary’’; SECURITY PLANNING AND RE- serting ‘‘2023’’. (5) in subsection (e), by inserting ‘‘to SPONSE. Phenome’’ after ‘‘Genome’’; and SEC. 7207. AGRICULTURAL GENOME TO PHENOME (6) by adding at the end the following new Section 1484 of the National Agricultural Re- INITIATIVE. subsection: search, Extension, and Teaching Policy Act of Section 1671 of the Food, Agriculture, Con- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 1977 (7 U.S.C. 3351) is amended— servation, and Trade Act of 1990 (7 U.S.C. 5924) There are authorized to be appropriated to carry (1) in subsection (a)— is amended— out this section $30,000,000 for each of fiscal (A) in paragraph (1), by striking ‘‘and’’ at the (1) in the section heading, by inserting ‘‘TO years 2019 through 2023.’’. end; PHENOME’’ after ‘‘GENOME’’; (B) in paragraph (2), by striking the period at (2) by amending subsection (a) to read as fol- SEC. 7208. HIGH-PRIORITY RESEARCH AND EX- TENSION INITIATIVES. the end and inserting ‘‘; and’’; and lows: Section 1672 of the Food, Agriculture, Con- (C) by adding at the end the following new ‘‘(a) GOALS.—The goals of this section are— paragraph: ‘‘(1) to expand knowledge concerning genomes servation, and Trade Act of 1990 (7 U.S.C. 5925) ‘‘(3) $30,000,000 for each of fiscal years 2019 and phenomes of crops of importance to United is amended— (1) in subsection (d)— through 2023.’’; and States agriculture; (A) in paragraph (8)— (2) in subsection (b)— ‘‘(2) to understand how variable weather, en- (i) in the heading, by striking ‘‘ALFALFA AND (A) in the matter preceding paragraph (1), by vironments, and production systems impact the FORAGE’’ and inserting ‘‘ALFALFA SEED AND AL- inserting ‘‘and cooperative agreements’’ after growth and productivity of specific varieties of FALFA FORAGE SYSTEMS’’; ‘‘competitive grants’’; crops, thereby providing greater accuracy in (B) in paragraph (3), by striking ‘‘make com- (ii) by striking ‘‘alfalfa and forage’’ and in- predicting crop performance under variable serting ‘‘alfalfa seed and alfalfa forage sys- petitive grants’’ and inserting ‘‘award competi- growing conditions; tive grants and cooperative agreements’’; and tems’’; and ‘‘(3) to support research that leverages plant (iii) by striking ‘‘alfalfa and other forages, (C) by adding at the end the following new genomic information with phenotypic and envi- and’’ and inserting ‘‘alfalfa seed and other al- paragraph: ronmental data through an interdisciplinary falfa forage’’; and ‘‘(5) To coordinate the tactical science activi- framework, leading to a novel understanding of (B) by adding at the end the following new ties of the Research, Education, and Economics plant processes that affect crop growth, produc- paragraphs: mission area of the Department that protect the tivity, and the ability to predict crop perform- ‘‘(11) MACADAMIA TREE HEALTH INITIATIVE.— integrity, reliability, sustainability, and profit- ance, resulting in the deployment of superior Research and extension grants may be made ability of the food and agricultural system of varieties to growers and improved crop manage- under this section for the purposes of— the United States against biosecurity threats ment recommendations for farmers; ‘‘(A) developing and disseminating science- from pests, diseases, contaminants, and disas- ‘‘(4) to promote and coordinate research link- based tools and treatments to combat the maca- ters.’’. ing genomics and predictive phenomics at dif- damia felted coccid (Eriococcus ironsidei); and SEC. 7128. DISTANCE EDUCATION AND RESIDENT ferent sites nationally to achieve advances in ‘‘(B) establishing an areawide integrated pest INSTRUCTION GRANTS PROGRAM crops that generate societal benefits; management program in areas affected by, or FOR INSULAR AREA INSTITUTIONS ‘‘(5) to combine fields such as genetics, areas at risk of being affected by, the maca- OF HIGHER EDUCATION. genomics, plant physiology, agronomy, clima- damia felted coccid. ISTANCE DUCATION RANTS FOR NSULAR (a) D E G I tology, and crop modeling with computation ‘‘(12) NATIONAL TURFGRASS RESEARCH INITIA- REAS A .—Section 1490(f)(2) of the National Agri- and informatics, statistics, and engineering; TIVE.—Research and extension grants may be cultural Research, Extension, and Teaching ‘‘(6) to focus on crops that will yield scientif- made under this section for the purposes of— Policy Act of 1977 (7 U.S.C. 3362(f)(2)) is amend- ically important results that will enhance the ‘‘(A) carrying out or enhancing research reed by striking ‘‘2018’’ and inserting ‘‘2023’’. usefulness of many other crops; lated to turfgrass and sod issues; (b) RESIDENT INSTRUCTION GRANTS FOR INSU- ‘‘(7) to build on genomic research, such as the ‘‘(B) enhancing production and uses of LAR AREAS.—Section 1491(c)(2) of the National Plant Genome Research Project, to understand turfgrass for the general public; Agricultural Research, Extension, and Teaching gene function in production environments that ‘‘(C) identifying new turfgrass varieties with Policy Act of 1977 (7 U.S.C. 3363(c)(2)) is amend- are expected to have considerable payoffs for superior drought, heat, cold, and pest tolerance ed by striking ‘‘2018’’ and inserting ‘‘2023’’. crops of importance to United States agri- to reduce water, fertilizer, and pesticide use; SEC. 7129. REMOVAL OF MATCHING FUNDS RE- culture; ‘‘(D) selecting genetically superior turfgrasses QUIREMENT FOR CERTAIN GRANTS. ‘‘(8) to develop improved data analytics to en- and developing improved technologies for man- Section 1492(d) of the National Agricultural hance understanding of the biological function aging commercial, residential, and recreational Research, Extension, and Teaching Policy Act of crop genes; turfgrass areas;

VerDate Sep 11 2014 07:14 May 17, 2018 Jkt 079060 PO 00000 Frm 00121 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4102 CONGRESSIONAL RECORD — HOUSE May 16, 2018 ‘‘(E) producing turfgrasses that— (ii) in subparagraph (C), by striking the pe- U.S.C. 7626(e)) is amended by striking ‘‘2018’’ ‘‘(i) aid in mitigating soil erosion; riod at the end and inserting ‘‘; and’’; and and inserting ‘‘2023’’. ‘‘(ii) protect against pollutant runoff into wa- (iii) by adding at the end the following new SEC. 7303. SUPPORT FOR RESEARCH REGARDING terways; or subparagraph: DISEASES OF WHEAT, TRITICALE, ‘‘(iii) provide other environmental benefits; ‘‘(D) $30,000,000 for each of fiscal years 2019 AND BARLEY CAUSED BY FUSARIUM ‘‘(F) investigating, preserving, and protecting through 2023.’’; and GRAMINEARUM OR BY TILLETIA native plant species, including grasses not cur- (B) in paragraph (2)— INDICA. rently utilized in turfgrass systems; (i) in the paragraph heading, by striking ‘‘FOR Section 408(e)(2) of the Agricultural Research, ‘‘(G) creating systems for more economical and FISCAL YEARS 2014 THROUGH 2018’’; and Extension, and Education Reform Act of 1998 (7 viable turfgrass seed and sod production (ii) by striking ‘‘2018’’ and inserting ‘‘2023’’. U.S.C. 7628(e)(2)) is amended by striking ‘‘2018’’ throughout the United States; and SEC. 7210. FARM BUSINESS MANAGEMENT. and inserting ‘‘2023’’. ‘‘(H) investigating the turfgrass phytobiome Section 1672D of the Food, Agriculture, Con- SEC. 7304. GRANTS FOR YOUTH ORGANIZATIONS. and developing biologic products to enhance servation, and Trade Act of 1990 (7 U.S.C. 5925f) Section 410(d)(2) of the Agricultural Research, soil, enrich plants, and mitigate pests. is amended— Extension, and Education Reform Act of 1998 (7 ‘‘(13) FERTILIZER MANAGEMENT INITIATIVE.— (1) by amending subsection (a) to read as fol- U.S.C. 7630(d)(2)) is amended by striking ‘‘2018’’ ‘‘(A) IN GENERAL.—Research and extension lows: and inserting ‘‘2023’’. ‘‘(a) IN GENERAL.—The Secretary may make grants may be made under this section for the SEC. 7305. SPECIALTY CROP RESEARCH INITIA- competitive research and extension grants for purpose of carrying out research to improve fer- TIVE. the purpose of improving the farm management tilizer use efficiency in crops— (a) ELEMENTS OF INITIATIVE.—Section 412(b) ‘‘(i) to maximize crop yield; and knowledge and skills of agricultural producers of the Agricultural Research, Extension, and ‘‘(ii) to minimize nutrient losses to surface and by maintaining and expanding a national, pub- Education Reform Act of 1998 (7 U.S.C. 7632(b)) groundwater and the atmosphere. licly available farm financial management data- is amended— ‘‘(B) PRIORITY.—In awarding grants under base to support improved farm management.’’; (1) in paragraph (1)— (2) in subsection (b)— subparagraph (A), the Secretary shall give pri- (A) in subparagraph (D), by striking ‘‘; and’’ (A) in paragraph (2), by striking ‘‘and pro- ority to research examining the impact of the and inserting a semicolon; ducer’’ and inserting ‘‘educational programs source, rate, timing, and placement of plant nu- (B) in subparagraph (E), by adding ‘‘and’’ at and’’; and trients. the end; and (B) in paragraph (4), by striking ‘‘use and (C) by adding at the end the following new ‘‘(14) CATTLE FEVER TICK PROGRAM.—Research support’’ and inserting ‘‘contribute data to’’; and extension grants may be made under this subparagraph: and ‘‘(F) size-controlling rootstock systems for pe- section to study cattle fever ticks— (3) in subsection (d)(2), by striking ‘‘2018’’ and rennial crops;’’; ‘‘(A) to facilitate the understanding of the inserting ‘‘2023’’. role of wildlife in the persistence and spread of (2) in paragraph (2)— SEC. 7211. CLARIFICATION OF VETERAN ELIGI- cattle fever ticks; (A) by striking ‘‘including threats to specialty BILITY FOR ASSISTIVE TECHNOLOGY crop pollinators;’’ and inserting the following: ‘‘(B) to develop advanced methods for eradi- PROGRAM FOR FARMERS WITH DIS- cation of cattle fever ticks, including— ABILITIES. ‘‘including— ‘‘(i) alternative treatment methods for cattle Section 1680 of the Food, Agriculture, Con- ‘‘(A) threats to specialty crop pollinators; and other susceptible species; servation, and Trade Act of 1990 (7 U.S.C. 5933) and’’; and (B) by adding at the end the following new ‘‘(ii) field treatment for premises, including is amended— corral pens and pasture loafing areas; (1) in subsection (a), by adding at the end the subparagraph: ‘‘(iii) methods for treatment and control on in- following new paragraph: ‘‘(B) emerging and invasive species;’’; (3) in paragraph (3), by striking ‘‘mar- fested wildlife; ‘‘(7) CLARIFICATION OF APPLICATION OF PROVI- keting);’’ and inserting the following: ‘‘mar- ‘‘(iv) biological control agents; and SIONS TO VETERANS WITH DISABILITIES.—This ‘‘(v) new and improved vaccines; subsection shall apply with respect to veterans keting) and a better understanding of the soil ‘‘(C) to evaluate rangeland vegetation that with disabilities, and their families, who— rhizosphere microbiome, including— impacts the survival of cattle fever ticks; ‘‘(A) are engaged in farming or farm-related ‘‘(A) pesticide application systems and cer- ‘‘(D) to improve management of diseases relat- occupations; or tified drift-reduction technologies; and ing to cattle fever ticks that are associated with ‘‘(B) are pursuing new farming opportuni- ‘‘(B) systems to improve and extend storage wildlife, livestock, and human health; ties.’’; life of specialty crops;’’; (4) by redesignating paragraphs (4) and (5) as ‘‘(E) to improve diagnostic detection of tick- (2) in subsection (b)— paragraphs (5) and (6), respectively; infested or infected animals and pastures; and (A) by inserting ‘‘(including veterans)’’ after (5) by inserting after paragraph (3) the fol- ‘‘(F) to conduct outreach to impacted ranch- ‘‘individuals’’; and lowing new paragraph: ers, hunters, and landowners to integrate tactics (B) by inserting ‘‘or, in the case of veterans ‘‘(4) efforts to promote a more effective under- and document sustainability of best practices. with disabilities, who are pursuing new farming standing and use of existing natural enemy ‘‘(15) LAYING HEN AND TURKEY RESEARCH PRO- opportunities’’ before the period at the end; and (3) in subsection (c)(1)(B), by striking ‘‘2018’’ complexes;’’; and GRAM.—Research grants may be made under (6) in paragraph (5) (as redesignated by para- this section for the purpose of improving the ef- and inserting ‘‘2023’’. SEC. 7212. NATIONAL RURAL INFORMATION CEN- graph (4))— ficiency and sustainability of laying hen and (A) by striking ‘‘including improved mecha- turkey production through integrated, collabo- TER CLEARINGHOUSE. Section 2381(e) of the Food, Agriculture, Con- nization and technologies that delay or inhibit rative research and technology transfer. Empha- servation, and Trade Act of 1990 (7 U.S.C. ripening; and’’ and inserting the following: ‘‘in- sis may be placed on laying hen and turkey dis- 3125b(e)) is amended by striking ‘‘2018’’ and including— ease prevention, antimicrobial resistance, nutri- serting ‘‘2023’’. ‘‘(A) technologies that delay or inhibit rip- tion, gut health, and alternative housing sys- Subtitle C—Agricultural Research, Extension, ening;’’; and tems under extreme seasonal weather condi- (B) by adding at the end the following new and Education Reform Act of 1998 tions. subparagraphs: ‘‘(16) ALGAE AGRICULTURE RESEARCH PRO- SEC. 7300. ENDING LIMITATION ON FUNDING ‘‘(B) mechanization and automation of labor- GRAM.—Research and extension grants may be UNDER NATIONAL FOOD SAFETY intensive tasks on farms and in packing facili- TRAINING, EDUCATION, EXTENSION, made under this section for the development and ties; testing of algae and algae systems (including OUTREACH, AND TECHNICAL ASSIST- ANCE PROGRAM. ‘‘(C) decision support systems driven by phe- micro- and macro-algae systems).’’; Section 405(e)(3) of the Agricultural Research, nology and environmental factors; (2) in subsection (e)(5), by striking ‘‘2018’’ and Extension, And Education Reform Act of 1998 (7 ‘‘(D) improved monitoring systems for agricul- inserting ‘‘2023’’; U.S.C. 7625(e)(3)) is amended to read as follows: tural pests; and (3) in subsection (f)(5), by striking ‘‘2018’’ and ‘‘(3) TERM OF GRANT.—A grant under this sec- ‘‘(E) effective systems for pre- and post-har- inserting ‘‘2023’’; tion shall have a term that is not more than 3 vest management of quarantine pests; and’’. (4) in subsection (g), by striking ‘‘2018’’ each years.’’. (b) EMERGENCY CITRUS DISEASE RESEARCH place it appears and inserting ‘‘2023’’; and AND EXTENSION PROGRAM.—Section 412 of the (5) in subsection (h), by striking ‘‘2018’’ and SEC. 7301. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION, OUT- Agricultural Research, Extension, and Edu- inserting ‘‘2023’’. REACH, AND TECHNICAL ASSIST- cation Reform Act of 1998 (7 U.S.C. 7632) is SEC. 7209. ORGANIC AGRICULTURE RESEARCH ANCE PROGRAM. amended— AND EXTENSION INITIATIVE. Section 405(j) of the Agricultural Research, (1) in subsection (j)(5), by striking ‘‘2018’’ and Section 1672B of the Food, Agriculture, Con- Extension, and Education Reform Act of 1998 (7 inserting ‘‘2023’’; and servation, and Trade Act of 1990 (7 U.S.C. 5925b) U.S.C. 7625(j)) is amended by striking ‘‘2011 (2) in subsection (k)(1)(C), by striking ‘‘2018’’ is amended— through 2015’’ and inserting ‘‘2019 through and inserting ‘‘2023’’. (1) in subsection (a)(7), by inserting ‘‘, soil 2023’’. (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- health,’’ after ‘‘conservation’’; and SEC. 7302. INTEGRATED RESEARCH, EDUCATION, tion 412(k)(2) of the Agricultural Research, Ex- (2) in subsection (e)— AND EXTENSION COMPETITIVE tension, and Education Reform Act of 1998 (7 (A) in paragraph (1)— GRANTS PROGRAM. U.S.C. 7632(k)(2)) is amended— (i) in subparagraph (B), by striking ‘‘and’’ at Section 406(e) of the Agricultural Research, (1) in the subsection heading, by striking the end; Extension, and Education Reform Act of 1998 (7 ‘‘2018’’ and inserting ‘‘2023’’; and

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00122 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4103 (2) by striking ‘‘2018’’ and inserting ‘‘2023’’. ‘‘(5) Chief Dull Knife College. search Facilities Act (7 U.S.C. 390d) is amend- SEC. 7306. FOOD ANIMAL RESIDUE AVOIDANCE ‘‘(6) College of Menominee Nation. ed— DATABASE PROGRAM. ‘‘(7) College of the Muscogee Nation. (1) in subsection (a)— Section 604(e) of the Agricultural Research, ‘‘(8) D–Q University. (A) by striking ‘‘subsection (b),’’ and inserting Extension, and Education Reform Act of 1998 (7 ‘‘(9) Dine College. ‘‘subsections (b), (c), and (d),’’; U.S.C. 7642(e)) is amended by striking ‘‘2018’’ ‘‘(10) Fond du Lac Tribal and Community (B) by striking ‘‘2018’’ and inserting ‘‘2023’’; and inserting ‘‘2023’’. College. and SEC. 7307. OFFICE OF PEST MANAGEMENT POL- ‘‘(11) Fort Peck Community College. (C) by adding at the end the following new ICY. ‘‘(12) Haskell Indian Nations University. sentence: ‘‘Funds appropriated pursuant to the Section 614(f)(2) of the Agricultural Research, ‘‘(13) Ilisagvik College. preceding sentence shall be available until ex- Extension, and Education Reform Act of 1998 (7 ‘‘(14) Institute of American Indian and Alaska pended.’’; and U.S.C. 7653(f)(2)) is amended by striking ‘‘2018’’ Native Culture and Arts Development. (2) by adding at the end the following new and inserting ‘‘2023’’. ‘‘(15) Keweenaw Bay Ojibwa Community Col- subsections: lege. SEC. 7308. FORESTRY PRODUCTS ADVANCED UTI- ‘‘(c) MAXIMUM AMOUNT.—Not more than 25 LIZATION RESEARCH. ‘‘(16) Lac Courte Oreilles Ojibwa Community percent of the funds made available pursuant to Section 617(f)(1) of the Agricultural Research, College. subsection (a) for any fiscal year shall be used Extension, and Education Reform Act of 1998 (7 ‘‘(17) Leech Lake Tribal College. for any single agricultural research facility U.S.C. 7655b(f)(1)) is amended by striking ‘‘(18) Little Big Horn College. project. ‘‘2018’’ and inserting ‘‘2023’’. ‘‘(19) Little Priest Tribal College. ‘‘(d) PROJECT LIMITATION.—An entity eligible ‘‘(20) Navajo Technical University. to receive funds under this Act may receive Subtitle D—Food, Conservation, and Energy ‘‘(21) Nebraska Indian Community College. funds for only one project at a time.’’. Act of 2008 ‘‘(22) Northwest Indian College. SEC. 7504. COMPETITIVE, SPECIAL, AND FACILI- PART I—AGRICULTURAL SECURITY ‘‘(23) Nueta Hidatsa Sahnish College. TIES RESEARCH GRANT ACT. SEC. 7401. AGRICULTURAL BIOSECURITY COMMU- ‘‘(24) Oglala Lakota College. Subsection (b) of the Competitive, Special, and NICATION CENTER. ‘‘(25) Red Lake Nation College. Facilities Research Grant Act (7 U.S.C. 3157(b)) Section 14112(c)(2) of the Food, Conservation, ‘‘(26) Saginaw Chippewa Tribal College. is amended— and Energy Act of 2008 (7 U.S.C. 8912(c)(2)) is ‘‘(27) Salish Kootenai College. (1) in paragraph (2)— amended by striking ‘‘2018’’ and inserting ‘‘(28) Sinte Gleska University. (A) in subparagraph (D)— ‘‘2023’’. ‘‘(29) Sisseton Wahpeton College. (i) by redesignating clauses (iii) through (vii) SEC. 7402. ASSISTANCE TO BUILD LOCAL CAPAC- ‘‘(30) Sitting Bull College. as clauses (iv) through (viii), respectively; and ITY IN AGRICULTURAL BIOSECURITY ‘‘(31) Southwestern Indian Polytechnic Insti- (ii) by inserting after clause (ii) the following PLANNING, PREPARATION, AND RE- tute. new clause: SPONSE. ‘‘(32) Stone Child College. ‘‘(iii) soil health;’’; Section 14113 of the Food, Conservation, and ‘‘(33) Tohono O’odham Community College. (B) in subparagraph (E)— Energy Act of 2008 (7 U.S.C. 8913) is amended— ‘‘(34) Turtle Mountain Community College. (i) in clause (iii), by striking ‘‘and’’ at the (1) in subsection (a)(2)(B), by striking ‘‘2018’’ ‘‘(35) United Tribes Technical College. end; and inserting ‘‘2023’’; and ‘‘(36) White Earth Tribal and Community Col- (ii) in clause (iv), by striking the period at the (2) in subsection (b)(2)(B), by striking ‘‘2018’’ lege.’’. end and inserting ‘‘; and’’; and and inserting ‘‘2023’’. (b) ENDOWMENT FOR 1994 INSTITUTIONS.—Sec- (iii) by adding at the end the following new SEC. 7403. RESEARCH AND DEVELOPMENT OF AG- tion 533(b) of the Equity in Educational Land- clause: RICULTURAL COUNTERMEASURES. Grant Status Act of 1994 (7 U.S.C. 301 note; ‘‘(v) tools that accelerate the use of automa- Section 14121(b)(2) of the Food, Conservation, Public Law 103–382) is amended in the first sen- tion or mechanization for labor-intensive tasks and Energy Act of 2008 (7 U.S.C. 8921(b)(2)) is tence by striking ‘‘2018’’ and inserting ‘‘2023’’. in the production and distribution of crops.’’; amended by striking ‘‘2018’’ and inserting (c) INSTITUTIONAL CAPACITY BUILDING and ‘‘2023’’. GRANTS.—Section 535 of the Equity in Edu- (C) in subparagraph (F)— SEC. 7404. AGRICULTURAL BIOSECURITY GRANT cational Land-Grant Status Act of 1994 (7 (i) in clause (vi), by striking ‘‘and’’ at the PROGRAM. U.S.C. 301 note; Public Law 103–382) is amended end; Section 14122(e)(2) of the Food, Conservation, by striking ‘‘2018’’ each place it appears in sub- (ii) in clause (vii), by striking the period at and Energy Act of 2008 (7 U.S.C. 8922(e)(2)) is sections (b)(1) and (c) and inserting ‘‘2023’’. the end and inserting ‘‘; and’’; and amended by striking ‘‘2018’’ and inserting (d) RESEARCH GRANTS.—Section 536(c) of the (iii) by adding at the end the following new ‘‘2023’’. Equity in Educational Land-Grant Status Act of clause: PART II—MISCELLANEOUS 1994 (7 U.S.C. 301 note; Public Law 103–382) is ‘‘(viii) barriers and bridges to entry and farm amended in the first sentence by striking ‘‘2018’’ viability for young, beginning, socially dis- SEC. 7411. GRAZINGLANDS RESEARCH LABORA- and inserting ‘‘2023’’. TORY. advantaged, veteran, and immigrant farmers Section 7502 of the Food, Conservation, and SEC. 7503. RESEARCH FACILITIES ACT. and ranchers, including farm succession, transi- Energy Act of 2008 (Public Law 110–246; 122 (a) AGRICULTURAL RESEARCH FACILITY DE- tion, transfer, entry, and profitability issues.’’; Stat. 2019) is amended by striking ‘‘10-year pe- FINED.—The Research Facilities Act is amend- (2) in paragraph (5)— riod’’ and inserting ‘‘15-year period’’. ed— (A) in subparagraph (A)(ii), by striking ‘‘and’’ SEC. 7412. NATURAL PRODUCTS RESEARCH PRO- (1) in section 2(1) (7 U.S.C. 390(1)) by striking at the end; and GRAM. ‘‘a college, university, or nonprofit institution’’ (B) in subparagraph (B), by striking the pe- Section 7525(e) of the Food, Conservation, and and inserting ‘‘an entity eligible to receive funds riod at the end and inserting the following: Energy Act of 2008 (7 U.S.C. 5937(e)) is amended under a capacity and infrastructure program ‘‘that— by striking ‘‘2018’’ and inserting ‘‘2023’’. (as defined in section 251(f)(1)(C) of the Depart- ‘‘(i) is of national scope; or ment of Agriculture Reorganization Act of 1994 SEC. 7413. SUN GRANT PROGRAM. ‘‘(ii) is commodity-specific, so long as any (7 U.S.C. 6971(f)(1)(C)))’’; and Section 7526(g) of the Food, Conservation, and such funds allocated for commodity-specific re- (2) in section 3(c)(2)(D) (7 U.S.C. Energy Act of 2008 (7 U.S.C. 8114(g)) is amended search are matched with funds from a non-Fed- 390a(c)(2)(D)), by striking ‘‘recipient college, by striking ‘‘2018’’ and inserting ‘‘2023’’. eral source at least equal to the amount of such university, or nonprofit institution’’ and insert- funds so allocated.’’; Subtitle E—Amendments to Other Laws ing ‘‘recipient entity’’. (3) in paragraph (9)— SEC. 7501. CRITICAL AGRICULTURAL MATERIALS (b) LONG-TERM SUPPORT.—Section 3(c)(2)(D) (A) in subparagraph (A), by striking clause ACT. of the Research Facilities Act (7 U.S.C. (iii); and Section 16(a)(2) of the Critical Agricultural 390a(c)(2)(D)), as amended by subsection (a), is (B) in subparagraph (B)— Materials Act (7 U.S.C. 178n(a)(2)) is amended further amended by striking ‘‘operating costs’’ (i) in clause (i), by striking ‘‘clauses (ii) and by striking ‘‘2018’’ and inserting ‘‘2023’’. and inserting ‘‘operating and maintenance (iii)’’ and inserting ‘‘clause (ii)’’; and SEC. 7502. EQUITY IN EDUCATIONAL LAND-GRANT costs’’. (ii) by striking clause (iii); and STATUS ACT OF 1994. (c) COMPETITIVE GRANT PROGRAM.—The Re- (4) in paragraph (11)(A)— (a) 1994 INSTITUTION DEFINED.—Section 532 of search Facilities Act is amended by inserting (A) in the matter preceding clause (i), by the Equity in Educational Land-Grant Status after section 3 (7 U.S.C. 390a) the following new striking ‘‘2018’’ and inserting ‘‘2023’’; and Act of 1994 (7 U.S.C. 301 note; Public Law 103– section: (B) in clause (ii), by striking ‘‘4’’ and insert- 382) is amended to read as follows: ‘‘SEC. 4. COMPETITIVE GRANT PROGRAM. ing ‘‘5’’. ‘‘SEC. 532. DEFINITION OF 1994 INSTITUTION. ‘‘The Secretary shall establish a program to SEC. 7505. RENEWABLE RESOURCES EXTENSION ‘‘In this part, the term ‘1994 Institution’ make competitive grants to assist in the con- ACT OF 1978. means any of the following colleges: struction, alteration, acquisition, moderniza- (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- ‘‘(1) Aaniiih Nakoda College. tion, renovation, or remodeling of agricultural tion 6 of the Renewable Resources Extension Act ‘‘(2) Bay Mills Community College. research facilities.’’. of 1978 (16 U.S.C. 1675) is amended in the first ‘‘(3) Blackfeet Community College. (d) AUTHORIZATION OF APPROPRIATIONS AND sentence by striking ‘‘2018’’ and inserting ‘‘(4) Cankdeska Cikana Community College. FUNDING LIMITATIONS.—Section 6 of the Re- ‘‘2023’’.

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(b) TERMINATION DATE.—Section 8 of the Re- ‘‘(2) SET-ASIDE.— (c) TERMINATION OF AUTHORITY EXTENDED.— newable Resources Extension Act of 1978 (16 ‘‘(A) IN GENERAL.—Not less than 5 percent of Section 308(b)(6)(A) of the Federal Crop Insur- U.S.C. 1671 note; Public Law 95–306) is amended the funds used to carry out this subsection for ance Reform and Department of Agriculture Re- by striking ‘‘2018’’ and inserting ‘‘2023’’. a fiscal year shall be used to support programs organization Act of 1994 (7 U.S.C. 3125a note) is SEC. 7506. NATIONAL AQUACULTURE ACT OF 1980. and services that address the needs of— amended by striking ‘‘on the date that is 10 Section 10 of the National Aquaculture Act of ‘‘(i) limited resource beginning farmers or years after the date of enactment of this sec- 1980 (16 U.S.C. 2809) is amended by striking ranchers (as defined by the Secretary); tion’’ and inserting ‘‘on June 18, 2023’’. ‘‘2018’’ each place it appears and inserting ‘‘(ii) socially disadvantaged farmers or ranch- (d) REPORTS.—Section 308(d)(2) of the Federal ‘‘2023’’. ers (as defined in section 355(e) of the Consoli- Crop Insurance Reform and Department of Agri- dated Farm and Rural Development Act (7 culture Reorganization Act of 1994 (7 U.S.C. SEC. 7507. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM. U.S.C. 2003(e))) who are beginning farmers and 3125a note) is amended by striking ‘‘Not later than 6, 8, and 10 years after the date of enact- Section 7405 of the Farm Security and Rural ranchers; and ment of this section’’ and inserting ‘‘Not later Investment Act of 2002 (7 U.S.C. 3319f) is amend- ‘‘(iii) farmworkers desiring to become farmers than June 18, 2019, June 18, 2021, and June 18, ed— or ranchers. ETERAN FARMERS AND RANCHERS.—Not 2023’’. (1) by striking subsection (b) and redesig- ‘‘(B) V less than 5 percent of the funds used to carry nating subsection (c) as subsection (b); SEC. 7602. FUNCTIONS AND DUTIES OF THE UNDER SECRETARY. (2) in subsection (b), as so redesignated— out this subsection for a fiscal year shall be Subparagraph (B) of section 251(d)(2) of the (A) in the heading, by striking ‘‘GRANTS’’ and used to support programs and services that ad- Department of Agriculture Reorganization Act inserting ‘‘PROGRAMS’’; dress the needs of veteran farmers and ranchers of 1994 (7 U.S.C. 6971(d)(2)) is amended to read (B) by amending paragraph (1) to read as fol- (as defined in section 2501(e) of the Food, Agri- as follows: lows: culture, Conservation, and Trade Act of 1990 (7 ‘‘(B) ensure that agricultural research, edu- ‘‘(1) IN GENERAL.—The Secretary shall estab- U.S.C. 2279(e))).’’; cation, extension, economics, and statistical pro- lish a beginning farmer and rancher develop- (4) in subsection (d)— grams— ment program to provide training, education, (A) in paragraph (1)— (i) by striking ‘‘and conduct’’ and inserting ‘‘, ‘‘(i) are effectively coordinated and inte- outreach, and technical assistance initiatives to grated— increase opportunities for beginning farmers or conduct’’; and (ii) by striking the period at the end and in- ‘‘(I) across disciplines, agencies, and institu- ranchers.’’; serting ‘‘, or provide training and technical as- tions; and (C) by inserting ‘‘or cooperative agreements’’ sistance initiatives for beginning farmers or ‘‘(II) among applicable participants, grantees, after ‘‘grants’’ each place it appears; ranchers or for trainers and service providers and beneficiaries; and (D) by inserting ‘‘or cooperative agreement’’ ‘‘(ii) address the priority areas of the Agri- that work with beginning farmers or ranchers.’’; after ‘‘grant’’ each place it appears; culture and Food Research Initiative specified and (E) by striking ‘‘subsection’’ each place it ap- in subsection (b)(2) of the Competitive, Special, pears and inserting ‘‘section’’; (B) in paragraph (2)— (i) by inserting ‘‘, educational programs and and Facilities Research Grant Act (7 U.S.C. (F) by amending paragraph (4) to read as fol- 3157(b)(2));’’. lows: workshops, or training and technical assistance initiatives’’ after ‘‘curricula’’; and SEC. 7603. REINSTATEMENT OF DISTRICT OF CO- ‘‘(4) MATCHING REQUIREMENT.— (ii) by striking ‘‘modules’’ and inserting ‘‘con- LUMBIA MATCHING REQUIREMENT ‘‘(A) IN GENERAL.—Except as provided in sub- FOR CERTAIN LAND-GRANT UNIVER- tent’’; paragraph (B), to be eligible to receive a grant SITY ASSISTANCE. (5) in subsection (g)— under this subsection, a recipient shall provide (a) IN GENERAL.—Section 209(c) of the District (A) by inserting ‘‘(including retiring farmers a match in the form of cash or in-kind contribu- of Columbia Public Postsecondary Education and nonfarming landowners)’’ before ‘‘from par- tions in an amount equal to 25 percent of the Reorganization Act (Public Law 93–471; sec. 38– ticipating in programs’’; and funds provided by the grant. 1202.09(c), D.C. Official Code) is amended in the (B) by striking ‘‘educating’’ and inserting ‘‘(B) EXCEPTION.—The Secretary may waive first sentence, by striking the period at the end ‘‘increasing opportunities for’’; and or reduce the matching requirement in subpara- (6) in subsection (h)— and inserting ‘‘, which may be used to pay no graph (A) if the Secretary determines such a (A) in paragraph (1)— more than one-half of the total cost of providing waiver or modification is necessary to effectively (i) in the heading, by striking ‘‘FOR FISCAL such extension work.’’. (b) EFFECTIVE DATE.—The amendment made reach an underserved area or population.’’; and YEARS 2009 THROUGH 2018’’; and (G) by striking paragraph (8), and redesig- (ii) in subparagraph (C), by striking ‘‘2018’’ by this section shall take effect on October 1, nating paragraphs (9), (10), (11), and (12) as and inserting ‘‘2023’’; 2018. paragraphs (8), (9), (10), and (11), respectively; (B) in paragraph (2)— SEC. 7604. FARMLAND TENURE, TRANSITION, AND ENTRY DATA INITIATIVE. (3) by inserting after subsection (b), as so re- (i) in the paragraph heading, by striking ‘‘FOR (a) IN GENERAL.—The Secretary shall collect designated, the following new subsection: FISCAL YEARS 2014 THROUGH 2018’’; and ‘‘(c) GRANT REQUIREMENTS.— (ii) by striking ‘‘2018’’ and inserting ‘‘2023’’; and report data and analysis on farmland own- ‘‘(1) IN GENERAL.—In carrying out this sec- and ership, tenure, transition, and entry of begin- tion, the Secretary shall make competitive (C) by striking paragraph (3). ning farmers or ranchers. grants to support new and established local and (b) REQUIREMENTS.—In carrying out sub- SEC. 7508. FEDERAL AGRICULTURE RESEARCH section (a), the Secretary shall— regional training, education, outreach, and FACILITIES. (1) collect and distribute comprehensive an- technical assistance initiatives to increase op- Section 1431 of the National Agricultural Re- nual reporting of trends in farmland ownership, portunities for beginning farmers or ranchers, search, Extension, and Teaching Policy Act tenure, transition, barriers to entry, profit- including programs and services (as appro- Amendments of 1985 (title XIV of Public Law 99– ability, and viability of beginning farmers or priate) relating to— 198; 99 Stat. 1556) is amended by striking ‘‘2018’’ ranchers; and ‘‘(A) basic livestock, forest management, and and inserting ‘‘2023’’. crop farming practices; (2) develop surveys and report statistical and SEC. 7509. BIOMASS RESEARCH AND DEVELOP- economic analysis on farmland ownership, ten- ‘‘(B) innovative farm, ranch, and private non- MENT. industrial forest land access, and transfer and ure, transition, barriers to entry, profitability, Section 9008(h) of the Farm Security and and viability of beginning farmers. succession strategies and programs; Rural Investment Act of 2002 (7 U.S.C. 8108(h)) ‘‘(C) entrepreneurship and business training; (c) FUNDING.—There are authorized to be ap- is amended to read as follows: ‘‘(D) financial and risk management training propriated to carry out this section $2,000,000 for ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— (including the acquisition and management of each of fiscal years 2019 through 2023, to remain There is authorized to be appropriated to carry agricultural credit); available until expended. out this section $20,000,000 for each of fiscal ‘‘(E) natural resource management and plan- (d) CONFORMING AMENDMENT REGARDING years 2019 through 2023.’’. ning; CONFIDENTIALITY OF INFORMATION.—Section ‘‘(F) diversification and marketing strategies; Subtitle F—Other Matters 1770(d) of the Food Security Act of 1985 (7 ‘‘(G) curriculum development; SEC. 7601. ENHANCED USE LEASE AUTHORITY U.S.C. 2276(d)) is amended— ‘‘(H) mentoring, apprenticeships, and intern- PROGRAM. (1) in paragraph (11), by striking ‘‘or’’ at the end; ships; (a) TRANSITION TO PERMANENT PROGRAM.— (2) in paragraph (12), by striking the period at ‘‘(I) resources and referral; Section 308 of the Federal Crop Insurance Re- the end and inserting ‘‘; or’’; and form and Department of Agriculture Reorga- ‘‘(J) farm financial benchmarking; (3) by adding at the end the following new ‘‘(K) technical assistance to help beginning nization Act of 1994 (7 U.S.C. 3125a note) is paragraph: farmers or ranchers acquire land from retiring amended— ‘‘(13) section 7604 of the Agriculture and Nu- farmers and ranchers; (1) in the section heading, by striking trition Act of 2018.’’. ‘‘(L) agricultural rehabilitation and voca- ‘‘ ’’; and PILOT SEC. 7605. TRANSFER OF ADMINISTRATIVE JURIS- tional training for veterans; (2) in subsection (a), by striking ‘‘pilot’’. DICTION, PORTION OF HENRY A. ‘‘(M) food safety (including good agricultural (b) NO ONSITE SALES.—Section 308(b)(1)(C) of WALLACE BELTSVILLE AGRICUL- practices training); the Federal Crop Insurance Reform and Depart- TURAL RESEARCH CENTER, BELTS- ‘‘(N) farm safety and awareness; and ment of Agriculture Reorganization Act of 1994 VILLE, MARYLAND. ‘‘(O) other similar subject areas of use to be- is amended by inserting ‘‘onsite’’ before ‘‘pub- (a) TRANSFER AUTHORIZED.—The Secretary of ginning farmers or ranchers. lic’’. Agriculture may transfer to the administrative

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jurisdiction of the Secretary of the Treasury a ‘‘(f) RELATIONSHIP TO AUDITS.—Notwith- SEC. 7608. PUBLIC EDUCATION ON BIO- parcel of real property at the Henry A. Wallace standing any other provision of law, the proce- TECHNOLOGY IN FOOD AND AGRI- Beltsville Agricultural Research Center con- dures established pursuant to subsection (c) CULTURE SECTORS. sisting of approximately 100 acres, which was shall not be subject to audit to determine the (a) IN GENERAL.—The Secretary, in consulta- originally acquired by the United States sufficiency of such procedures.’’. tion with the Secretary of Health and Human through land acquisitions in 1910 and 1925 and (b) HATCH ACT.—The Hatch Act of 1887 is Services, the Secretary of Education, and such is generally located off of Poultry Road lying amended— other persons and organizations as the Sec- between Powder Mill Road and Odell Road in (1) in section 3 (7 U.S.C. 361c)— retary determines to be appropriate, shall develop and carry out a national science-based Beltsville, Maryland, for the purpose of facili- (A) by amending subsection (h) to read as fol- education campaign to increase public aware- tating the establishment of Bureau of Engraving lows: ness regarding the use of technology in food and and Printing facilities on the parcel. ‘‘(h) PEER REVIEW.—Research carried out agriculture production, including— (b) LEGAL DESCRIPTION AND MAP.— under subsection (c)(3) shall be subject to sci- (1) the science of biotechnology as applied to (1) PREPARATION.—The Secretary of Agri- entific peer review. The review of a project con- the development of products in the food and ag- culture shall prepare a legal description and ducted under this subsection shall be considered ricultural sectors, including information about map of the parcel of real property to be trans- to satisfy the merit review requirements of sec- which products of biotechnology in the food and ferred under subsection (a). tion 103(e) of the Agricultural Research, Exten- agricultural sectors have been approved for use (2) FORCE OF LAW.—The legal description and sion, and Education Reform Act of 1998.’’; and (B) in subsection (i)(2), by striking subpara- in the United States; map prepared under paragraph (1) shall have (2) the Federal science-based regulatory re- the same force and effect as if included in this graph (D); and (2) in section 7 (7 U.S.C. 361g)— view process for products made using bio- Act, except that the Secretary of Agriculture technology in the food and agricultural sectors may correct errors in the legal description and (A) in subsection (e), by striking paragraphs (1) through (4) and inserting the following new conducted under the Coordinated Framework map. for Regulation of Biotechnology published by (c) RETENTION OF INTERESTS.—The transfer of paragraphs: ‘‘(1) A summary of planned projects or pro- the Office of Science and Technology Policy in administrative jurisdiction under subsection (a) the Federal Register on June 26, 1986 (51 Fed. shall be subject to easements and rights of grams in the State using formula funds. ‘‘(2) A description of the manner in which the Reg. 23302), including the studies performed and record and such other reservations, terms, and State will meet the requirements of subsections analyses conducted to ensure that such prod- conditions as the Secretary of Agriculture con- (c)(3) and (i)(2) of section 3. ucts are as safe to produce and as safe to eat as siders to be necessary. ‘‘(3) A description of matching funds provided products that are not produced using bio- (d) WAIVER.—The parcel of real property to be by the State with respect to the previous fiscal technology; transferred under subsection (a) is exempt from year.’’; and (3) developments in the science of plant and Federal screening for other possible use as there (B) by adding at the end the following new animal breeding over time and the impacts of is an identified Federal need for the parcel as subsection: such developments on farmers, consumers, the the site for Bureau of Engraving and Printing ‘‘(h) RELATIONSHIP TO AUDITS.—Notwith- environment, and the rural economy; and facilities. standing any other provision of law, the proce- (4) the effects of the use of biotechnology on (e) CONDITION ON TRANSFER.—As a condition dures established pursuant to subsection (e) food security, nutrition, and the environment. of the transfer of administrative jurisdiction shall not be subject to audit to determine the (b) CONSUMER FRIENDLY INFORMATIONAL under subsection (a), the Secretary of the Treas- sufficiency of such procedures.’’. WEBSITE.—The Secretary, in consultation with ury shall agree to pay the Secretary of Agri- (c) EXTENSION AND RESEARCH AT 1890 INSTITU- the Secretary of Health and Human Services, culture the following costs: TIONS.— the Administrator of the Environmental Protec- (1) The appraisal required under subsection (1) EXTENSION.—Section 1444(d) of the Na- tion Agency, the Office of Science and Tech- (f). tional Agricultural Research, Extension, and nology Policy, and such other persons and orga- (2) Any environmental or administrative anal- Teaching Policy Act of 1977 (7 U.S.C. 3221(d)) is nizations as the Secretary determines to be ap- ysis required by Federal law with respect to the amended— propriate, shall develop, establish, and update real property so transferred. (A) in paragraph (3), by striking subpara- as necessary, a single Federal government-spon- (3) Any necessary survey of such real prop- graphs (A) through (E) and inserting the fol- sored public Internet website through which the erty. lowing new subparagraphs: public may obtain, in an easy to understand (4) Any hazardous substances assessment of ‘‘(A) A summary of planned projects or pro- and user-friendly format, information about bio- such real property. grams in the State using formula funds. technology used in the food and agricultural (f) APPRAISAL.—To determine the fair market ‘‘(B) A description of matching funds provided sectors, including— value of the parcel of real property to be trans- by the State with respect to the previous fiscal (1) scientific findings and other data on bio- ferred under subsection (a), the Secretary of the year.’’; and technology used in the food and agricultural Treasury shall have the parcel appraised for its (B) by adding at the end the following new sectors; highest and best use in conformity with the Uni- paragraph: (2) Federal agencies’ decisions regarding spe- form Appraisal Standards for Federal Land Ac- ‘‘(6) RELATIONSHIP TO AUDITS.—Notwith- cific products made using biotechnology in the quisitions developed by the Interagency Land standing any other provision of law, the proce- food and agricultural sectors; Acquisition Conference. The appraisal shall be dures established pursuant to paragraph (3) (3) a list of frequently asked questions per- subject to the review and approval by the Sec- shall not be subject to audit to determine the taining to the use of biotechnology in the food retary of Agriculture. sufficiency of such procedures.’’. and agricultural sectors; (g) HAZARDOUS MATERIALS.—For the parcel of (2) RESEARCH.—Section 1445(c) of the National (4) an easy-to-understand description of the real property to be transferred under subsection Agricultural Research, Extension, and Teaching role of Federal agencies in overseeing the use of (a), the Secretary of Agriculture shall meet dis- Policy Act of 1977 (7 U.S.C. 3222(c)) is amend- biotechnology in the food and agricultural sec- closure requirements for hazardous substances, ed— tors; but shall otherwise not be required to remediate (A) in paragraph (3), by striking subpara- (5) information about novel, emerging tech- or abate those substances or any other haz- graphs (A) through (E) and inserting the fol- nologies within the broader field of bio- ardous pollutants, contaminants, or waste that lowing new subparagraphs: technology; and might be present on the parcel at the time of ‘‘(A) A summary of planned projects or pro- (6) a glossary of terms with respect to bio- transfer of administrative jurisdiction. grams in the State using formula funds. technology used in the food and agricultural sectors. SEC. 7606. SIMPLIFIED PLAN OF WORK. ‘‘(B) A description of matching funds provided (c) SOCIAL MEDIA RESOURCES.—The Secretary (a) SMITH-LEVER ACT.—The Smith-Lever Act by the State with respect to the previous fiscal year.’’; and may, as appropriate, utilize publicly-available is amended— social media platforms to supplement the cam- (1) in section 3(h)(2) (7 U.S.C. 343(h)(2)), by (B) by adding at the end the following new paign established under subsection (a), and as striking subparagraph (D); and paragraph: an extension of the website established under (2) in section 4 (7 U.S.C. 344)— ‘‘(6) RELATIONSHIP TO AUDITS.—Notwith- subsection (b). (A) in subsection (c), by striking paragraphs standing any other provision of law, the proce- (1) through (5) and inserting the following new dures established pursuant to paragraph (3) TITLE VIII—FORESTRY paragraphs: shall not be subject to audit to determine the Subtitle A—Reauthorization and Modification ‘‘(1) A summary of planned projects or pro- sufficiency of such procedures.’’. of Certain Forestry Programs grams in the State using formula funds. SEC. 7607. TIME AND EFFORT REPORTING EXEMP- SEC. 8101. SUPPORT FOR STATE ASSESSMENTS ‘‘(2) A description of the manner in which the TION. AND STRATEGIES FOR FOREST RE- State will meet the requirements of section 3(h). Any entity receiving funds under a program SOURCES. ‘‘(3) A description of the manner in which the referred to in clause (iii), (iv), (vii), (viii), or Section 2A(f)(1) of the Cooperative Forestry State will meet the requirements of section (xii) of section 251(f)(1)(C) of the Department of Assistance Act of 1978 (16 U.S.C. 2101a(f)(1)) is 3(i)(2) of the Hatch Act of 1887. Agriculture Reorganization Act of 1994 (7 U.S.C. amended by striking ‘‘2018’’ and inserting ‘‘(4) A description of matching funds provided 6971(f)(1)(C)) shall be exempt from the time and ‘‘2023’’. by the State with respect to the previous fiscal effort reporting requirements under part 200 of SEC. 8102. FOREST LEGACY PROGRAM. year.’’; and title 2, Code of Federal Regulations (or successor Subsection (m) of section 7 of the Cooperative (B) by adding at the end the following new regulations), with respect to the use of such Forestry Assistance Act of 1978 (16 U.S.C. 2103c) subsection: funds. is amended to read as follows:

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‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(E) enhancing opportunities for new and ex- Conservation Service or any other relevant Fed- There are authorized to be appropriated to carry isting markets in which the production and use eral agency; out this section $35,000,000 for each of fiscal of wood products strengthens local and regional ‘‘(iv) protection or improvement of water qual- years 2019 through 2023.’’. economies. ity or quantity; SEC. 8103. COMMUNITY FOREST AND OPEN SPACE ‘‘(e) MEASUREMENT.—The Secretary, in con- ‘‘(v) reduction of wildfire risk; and CONSERVATION PROGRAM. sultation with State Foresters, shall establish a ‘‘(vi) otherwise addressing the national pri- Subsection (g) of section 7A of the Cooperative measurement system (including measurement vate forest conservation priorities described in Forestry Assistance Act of 1978 (16 U.S.C. 2103d) tools) that— section 2(c); and is amended to read as follows: ‘‘(1) consistently measures the results of land- ‘‘(B) may give priority to projects in proximity ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— scape-scale restoration projects described in sub- to other landscape-scale projects on other land There are authorized to be appropriated to carry section (c); and under the jurisdiction of the Secretary, the Sec- out this section $5,000,000 for each of fiscal ‘‘(2) is consistent with the measurement sys- retary of the Interior, or a Governor of a State, years 2019 through 2023.’’. tems of other Federal programs delivered by including— SEC. 8104. STATE AND PRIVATE FOREST LAND- State Foresters. ‘‘(i) ecological restoration treatments under SCAPE-SCALE RESTORATION PRO- ‘‘(f) USE OF AMOUNTS.— the Collaborative Forest Landscape Restoration GRAM. ‘‘(1) ALLOCATION.—Of the amounts made Program established under section 4003 of the Section 13A of the Cooperative Forestry As- available for the landscape-scale restoration Omnibus Public Land Management Act of 2009 sistance Act of 1978 (16 U.S.C. 2109a) is amended program established under subsection (c), the (16 U.S.C. 7303); to read as follows: Secretary shall allocate to State Foresters— ‘‘(ii) projects on landscape-scale areas des- ‘‘(A) 50 percent for the competitive process in ‘‘SEC. 13A. STATE AND PRIVATE FOREST LAND- ignated for insect and disease treatment under SCAPE-SCALE RESTORATION PRO- accordance with subsection (g); and section 602 of the Healthy Forests Restoration GRAM. ‘‘(B) 50 percent proportionally to States, in Act of 2003 (16 U.S.C. 6591a); ‘‘(a) PURPOSE.—The purpose of this section is consultation with State Foresters— ‘‘(iii) authorized restoration services under to establish a landscape-scale restoration pro- ‘‘(i) to maximize the achievement of the objec- section 8206 of the Agricultural Act of 2014 (16 gram to support landscape-scale restoration and tives described in subsection (d)(3); and U.S.C. 2113a); ‘‘(ii) to address the highest national priorities, management that results in measurable improve- ‘‘(iv) watershed restoration and protection as identified in— ments to public benefits derived from State and services under section 331 of the Department of ‘‘(I) State-wide assessments described in sec- private forest land, as identified in— the Interior and Related Agencies Appropria- tion 2A(a)(1); and ‘‘(1) a State-wide assessment described in sections Act, 2001 (Public Law 106–291; 16 U.S.C. ‘‘(II) long-term State-wide forest resource 1011 note); tion 2A(a)(1); and strategies described in section 2A(a)(2). ‘‘(2) a long-term State-wide forest resource ‘‘(v) stewardship end result contracting ‘‘(2) MULTIYEAR PROJECTS.—The Secretary strategy described in section 2A(a)(2). projects under section 604 of the Healthy Forests may provide amounts under this section for Restoration Act of 2003 (16 U.S.C. 6591c); or ‘‘(b) DEFINITIONS.—In this section: multiyear projects. ‘‘(1) PRIVATE FOREST LAND.—The term ‘private ‘‘(vi) projects under other relevant programs, ‘‘(g) COMPETITIVE PROCESS.— as determined by the Secretary. forest land’ means land that— N GENERAL ‘‘(1) I .—The Secretary shall dis- ‘‘(4) PROPOSAL REVIEW.— ‘‘(A)(i) has existing tree cover; or tribute amounts described in subsection (f)(1)(A) ‘‘(ii) is suitable for growing trees; and ‘‘(A) IN GENERAL.—The Secretary shall estab- through a competitive process for landscape- lish a process for the review of proposals sub- ‘‘(B) is owned by— scale restoration projects described in subsection ‘‘(i) an Indian Tribe (as defined in section 4 of mitted under paragraph (2) that ranks each pro- (c) to maximize the achievement of the objectives the Indian Self-Determination and Education posal based on— described in subsection (d)(3). Assistance Act (25 U.S.C. 5304)); or ‘‘(i) the extent to which the proposal would ‘‘(2) ELIGIBILITY.—To be eligible for funding achieve the requirements described in subsection ‘‘(ii) any private individual or entity. through the competitive process under para- ‘‘(2) REGIONAL.—The term ‘regional’ means of (d); and graph (1), a State Forester, or another entity on any region of the National Association of State ‘‘(ii) the priorities described in paragraph approval of the State Forester, shall submit to Foresters. (3)(A). the Secretary one or more landscape-scale res- ‘‘(3) SECRETARY.—The term ‘Secretary’ means ‘‘(B) REGIONAL REVIEW.—The Secretary may toration proposals that— carry out the process described in subparagraph the Secretary of Agriculture, acting through the ‘‘(A) in accordance with paragraph (3)(A), in- Chief of the Forest Service. (A) at a regional level. clude priorities identified in— ‘‘(5) COMPLIANCE WITH NEPA.—Financial and ‘‘(4) STATE FOREST LAND.—The term ‘State ‘‘(i) State-wide assessments described in sec- forest land’ means land that is owned by a State technical assistance carried out under this section 2A(a)(1); and tion for landscape restoration projects on State or unit of local government. ‘‘(ii) long-term State-wide forest resource ‘‘(5) STATE FORESTER.—The term ‘State For- forest land or private forest land shall not con- strategies described in section 2A(a)(2); stitute a major Federal action for the purposes ester’ means a State Forester or equivalent State ‘‘(B) identify one or more measurable results official. of section 102(2)(C) of the National Environ- to be achieved through the project; mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). ‘‘(c) ESTABLISHMENT.—The Secretary, in con- ‘‘(C) to the maximum extent practicable, in- ‘‘(h) REPORT.—Not later than 3 years after the sultation with State Foresters or other appro- clude activities on all land necessary to accom- date of the enactment of the Agriculture and priate State agencies, shall establish a land- plish the measurable results in the applicable Nutrition Act of 2018, the Secretary shall submit scape-scale restoration program— landscape; to the Committee on Agriculture of the House of ‘‘(1) to provide financial and technical assist- ‘‘(D) to the maximum extent practicable, are Representatives and the Committee on Agri- ance for landscape-scale restoration projects on developed in collaboration with other public and culture, Nutrition, and Forestry of the Senate a State forest land or private forest land; and private sector organizations and local commu- report that includes— ‘‘(2) that maintains or improves benefits from nities; and ‘‘(1) a description of the status of the develop- trees and forests on such land. ‘‘(E) derive not less than 50 percent of the ment, execution, and administration of land- ‘‘(d) REQUIREMENTS.—The landscape-scale funding for the project from non-Federal scape-scale projects selected under the program restoration program established under sub- sources, unless the Secretary determines— under this section; section (c) shall— ‘‘(i) the applicant is unable to derive not less ‘‘(2) an accounting of expenditures under ‘‘(1) measurably address the national private than 50 percent of the funding for the project such program; and forest conservation priorities described in section from non-Federal sources; and ‘‘(3) specific accomplishments that have re- 2(c); ‘‘(ii) the benefits of the project justify pur- sulted from landscape-scale projects under such ‘‘(2) enhance public benefits from trees and suing the project. program. forests, as identified in— ‘‘(3) PRIORITIZATION.—In carrying out the ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) a State-wide assessment described in sec- competitive process under paragraph (1), the There is authorized to be appropriated to the tion 2A(a)(1); and Secretary— ‘‘(B) a long-term State-wide forest resource ‘‘(A) shall give priority to projects that, as de- Secretary for the landscape-scale restoration strategy described in section 2A(a)(2); and termined by the Secretary, best carry out prior- program established under subsection (c) ‘‘(3) in accordance with the purposes de- ities identified in State-wide assessments de- $10,000,000 for each of fiscal years 2019 through scribed in section 2(b), include one or more of scribed in section 2A(a)(1) and long-term State- 2023, to remain available until expended.’’. the following objectives— wide forest resource strategies described in sec- SEC. 8105. RURAL REVITALIZATION TECH- ‘‘(A) protecting or improving water quality or tion 2A(a)(2), including— NOLOGIES. quantity; ‘‘(i) involvement of public and private part- Section 2371(d)(2) of the Food, Agriculture, ‘‘(B) reducing wildfire risk, including through nerships; Conservation, and Trade Act of 1990 (7 U.S.C. hazardous fuels treatment; ‘‘(ii) inclusion of cross-boundary activities 6601(d)(2)) is amended by striking ‘‘2018’’ and ‘‘(C) protecting or enhancing wildlife habitat, on— inserting ‘‘2023’’. consistent with wildlife objectives established by ‘‘(I) Federal forest land; SEC. 8106. COMMUNITY WOOD ENERGY AND the applicable State fish and wildlife agency; ‘‘(II) State forest land; or WOOD INNOVATION PROGRAM. ‘‘(D) improving forest health and forest eco- ‘‘(III) private forest land; Section 9013 of the Farm Security and Rural systems, including addressing native, nonnative, ‘‘(iii) involvement of areas also identified for Investment Act of 2002 (7 U.S.C. 8113) is amend- and invasive pests; or cost-share funding by the Natural Resources ed to read as follows:

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00126 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4107 ‘‘SEC. 9013. COMMUNITY WOOD ENERGY AND ‘‘(2) The cost effectiveness of the proposed (B) by redesignating paragraph (2) as para- WOOD INNOVATION PROGRAM. community wood energy system or innovative graph (3); and ‘‘(a) DEFINITIONS.—In this section: wood product facility. (C) by inserting after paragraph (1) the fol- ‘‘(1) COMMUNITY WOOD ENERGY SYSTEM.— ‘‘(3) The extent to which the proposed commu- lowing new paragraph: ‘‘(A) IN GENERAL.—The term ‘community wood nity wood energy system or innovative wood ‘‘(2) conserve forest lands that provide habitat energy system’ means an energy system that— product facility represents the best available for species described in subsection (b)(1); and’’. ‘‘(i) produces thermal energy or combined commercial technology. (4) ELIMINATION OF LIMITATION ON USE OF thermal energy and electricity where thermal is ‘‘(4) The extent to which the applicant has EASEMENTS.—Section 502(e) of the Healthy For- the primary energy output; demonstrated a high likelihood of project suc- ests Restoration Act of 2003 (16 U.S.C. 6572(e)) is ‘‘(ii) services public facilities owned or oper- cess by completing detailed engineering and de- amended by striking paragraph (2) and redesig- ated by State or local governments (including sign work in advance of the grant application. nating paragraph (3) as paragraph (2). schools, town halls, libraries, and other public ‘‘(5) Other technical, economic, conservation, (5) ENROLLMENT OF ACREAGE OWNED BY AN IN- buildings) or private or nonprofit facilities (in- and environmental criteria that the Secretary DIAN TRIBE.—Section 502(e)(2)(B) of the Healthy cluding commercial and business facilities, such considers appropriate. Forests Restoration Act of 2003 (16 U.S.C. as hospitals, office buildings, apartment build- ‘‘(f) GRANT PRIORITIES.—In selecting appli- 6572(e)(3)(B)), as redesignated under paragraph ings, and manufacturing and industrial build- cants for grants under the Program, the Sec- (4), is amended by striking clauses (ii) and (iii) ings); and retary shall give priority to proposals that— and inserting the following new clauses: ‘‘(iii) uses woody biomass, including residuals ‘‘(1) would be carried out in a location where ‘‘(ii) a 10-year, cost-share agreement; from wood processing facilities, as the primary markets are needed for the low-value, low-qual- ‘‘(iii) a permanent easement; or ‘‘(iv) any combination of the options described fuel. ity wood; ‘‘(B) INCLUSIONS.—The term ‘community wood ‘‘(2) would be carried out in a location with in clauses (i) through (iii).’’. (6) SPECIES-RELATED ENROLLMENT PRIORITY.— energy system’ includes single-facility central limited access to natural gas pipelines; Subparagraph (B) of section 502(f)(1) of the heating, district heating systems serving mul- ‘‘(3) would include the use or retrofitting (or Healthy Forests Restoration Act of 2003 (16 tiple buildings, combined heat and electric sys- both) of existing sawmill facilities located in a U.S.C. 6572(f)(1)) is amended to read as follows: tems where thermal energy is the primary en- location where the average annual unemploy- ‘‘(B) secondarily, species that— ergy output, and other related biomass energy ment rate exceeded the national average unem- ‘‘(i) are— systems. ployment rate by more than 1 percent during the ‘‘(I) not listed as endangered or threatened ‘‘(2) INNOVATIVE WOOD PRODUCT FACILITY.— previous calendar year; or under section 4 of the Endangered Species Act The term ‘innovative wood product facility’ ‘‘(4) would be carried out in a location where of 1973 (16 U.S.C. 1533); and means a manufacturing or processing plant or the project will aid with forest restoration. ‘‘(II) candidates for such listing, State-listed mill that produces— ‘‘(g) LIMITATIONS.— species, or special concern species; or ‘‘(A) building components or systems that use ‘‘(1) CAPACITY OF COMMUNITY WOOD ENERGY ‘‘(ii) are species of greatest conservation need, large panelized wood construction, including SYSTEMS.—A community wood energy system ac- as identified in State wildlife action plans.’’. mass timber; quired with grant funds under the Program (7) RESTORATION PLANS.—Subsection (b) of ‘‘(B) wood products derived from nanotech- shall not exceed nameplate capacity of 10 section 503 of the Healthy Forests Restoration nology or other new technology processes, as de- megawatts of thermal energy or combined ther- Act of 2003 (16 U.S.C. 6573) is amended to read termined by the Secretary; or mal and electric energy. as follows: ‘‘(C) other innovative wood products that use ‘‘(2) FUNDING FOR INNOVATIVE WOOD PRODUCT ‘‘(b) PRACTICES.—The restoration plan shall low-value, low-quality wood, as determined by FACILITIES.—Not more than 25 percent of funds require such restoration practices and measures, the Secretary. provided as grants under the Program for a fis- as are necessary to restore and enhance habitat ‘‘(3) MASS TIMBER.—The term ‘mass timber’ cal year may go to applicants proposing innova- for species described in section 502(b), including includes— tive wood product facilities, unless the Secretary the following: ‘‘(A) cross-laminated timber; has received an insufficient number of qualified ‘‘(1) Land management practices. ‘‘(B) nail-laminated timber; proposals for community wood energy systems. ‘‘(2) Vegetative treatments. ‘‘(C) glue-laminated timber; ‘‘(h) FUNDING.—There is authorized to be ap- ‘‘(3) Structural practices and measures. ‘‘(D) laminated strand lumber; and propriated to carry out the Program $25,000,000 ‘‘(4) Other practices and measures.’’. (8) FUNDING.—Section 508(b) of the Healthy ‘‘(E) laminated veneer lumber. for each of fiscal years 2019 through 2023.’’. ‘‘(4) PROGRAM.—The term ‘Program’ means Forests Restoration Act of 2003 (16 U.S.C. the Community Wood Energy and Wood Innova- SEC. 8107. HEALTHY FORESTS RESTORATION ACT 6578(b)) is amended— OF 2003 AMENDMENTS. tion Program established under subsection (b). (A) in the subsection heading, by striking (a) HEALTHY FORESTS RESERVE PROGRAM.— ‘‘(b) COMPETITIVE GRANT PROGRAM.—The Sec- ‘‘FISCAL YEARS 2014 THROUGH 2018’’ and insert- (1) ADDITIONAL PURPOSE OF PROGRAM.—Sec- retary, acting through the Chief of the Forest ing ‘‘AUTHORIZATION OF APPROPRIATIONS’’; and tion 501(a) of the Healthy Forests Restoration (B) by striking ‘‘2018’’ and inserting ‘‘2023’’. Service, shall establish a competitive grant pro- Act of 2003 (16 U.S.C. 6571(a)) is amended— gram to be known as the ‘Community Wood En- (9) TECHNICAL CORRECTION.—Section 503(a) of (A) by striking ‘‘and’’ at the end of paragraph the Healthy Forests Restoration Act of 2003 (16 ergy and Wood Innovation Program’. (2); ‘‘(c) MATCHING GRANTS.— U.S.C. 6573(a)) is amended by striking ‘‘Sec- (B) by redesignating paragraph (3) as para- retary of Interior’’ and inserting ‘‘Secretary of ‘‘(1) IN GENERAL.—Under the Program, the graph (4); and Secretary shall make grants to cover not more the Interior’’. (C) by inserting after paragraph (2) the fol- NSECT AND DISEASE INFESTATION.— than 35 percent of the capital cost for installing (b) I lowing new paragraph: (1) TREATMENT OF AREAS.—Section 602(d)(1) of a community wood energy system or building an ‘‘(3) to conserve forest land that provides the Healthy Forests Restoration Act of 2003 (16 innovative wood product facility. habitat for species described in section 502(b)(1); U.S.C. 6591a(d)(1)) is amended by striking ‘‘sub- ‘‘(2) SPECIAL CIRCUMSTANCES.—The Secretary and’’. section (b) to reduce the risk or extent of, or in- may establish special circumstances, such as in (2) ELIGIBILITY FOR ENROLLMENT.—Subsection crease the resilience to, insect or disease infesta- the case of a community wood energy system (b) of section 502 of the Healthy Forests Restora- tion in the areas.’’ and inserting the following: project or innovative wood product facility tion Act of 2003 (16 U.S.C. 6572) is amended to ‘‘subsection (b)— project involving a school or hospital in a low- read as follows: ‘‘(A) to reduce the risk or extent of, or in- income community, under which grants under ‘‘(b) ELIGIBILITY.—To be eligible for enroll- crease the resilience to, insect or disease infesta- the Program may cover up to 50 percent of the ment in the healthy forests reserve program, tion; or capital cost. land shall be private forest land, or private land ‘‘(B) to reduce hazardous fuels.’’. ‘‘(3) SOURCE OF MATCHING FUNDS.—Matching being restored to forest land, the enrollment of (2) PERMANENT AUTHORITY.—Section 602(d)(2) funds required pursuant to this subsection from which will maintain, restore, enhance, or other- of the Healthy Forests Restoration Act of 2003 a grant recipient must be derived from non-Fed- wise measurably— (16 U.S.C. 6591a(d)(2)) is amended by striking eral funds. ‘‘(1) increase the likelihood of recovery of a ‘‘for which a public notice to initiate scoping is ‘‘(d) PROJECT CAP.—The total amount of species that is listed as endangered or threat- issued on or before September 30, 2018,’’. grants under the Program for a community ened under section 4 of the Endangered Species (c) ADMINISTRATIVE REVIEW.— wood energy system project or innovative wood Act of 1973 (16 U.S.C. 1533); or (1) CLARIFICATION OF TREATMENT OF AREAS.— product facility project may not exceed— ‘‘(2) improve the well-being of a species that— Section 603(a) of the Healthy Forests Restora- ‘‘(1) in the case of grants under the general ‘‘(A) is— tion Act of 2003 (16 U.S.C. 6591b(a)) is amended authority provided under subsection (c)(1), ‘‘(i) not listed as endangered or threatened by striking ‘‘in accordance with section 602(d)’’ $1,000,000; and under such section; and and inserting ‘‘in accordance with section ‘‘(2) in the case of grants for which the special ‘‘(ii) a candidate for such listing, a State-list- 602(d)(1)’’. circumstances apply under subsection (c)(2), ed species, or a special concern species; or (2) PROJECT SIZE AND LOCATION.—Section $1,500,000. ‘‘(B) is deemed a species of greatest conserva- 603(c)(1) of the Healthy Forests Restoration Act ‘‘(e) SELECTION CRITERIA.—In selecting appli- tion need by a State wildlife action plan.’’. of 2003 (16 U.S.C. 6591b(c)(1)) is amended by cants for grants under the Program, the Sec- (3) OTHER ENROLLMENT CONSIDERATIONS.— striking ‘‘3000’’ and inserting ‘‘6,000’’. retary shall consider the following: Section 502(c) of the Healthy Forests Restora- SEC. 8108. NATIONAL FOREST FOUNDATION ACT ‘‘(1) The energy efficiency of the proposed tion Act of 2003 (16 U.S.C. 6572(c)) is amended— AUTHORITIES. community wood energy system or innovative (A) by striking ‘‘and’’ at the end of paragraph (a) EXTENSION OF AUTHORITY TO PROVIDE wood product facility. (1); MATCHING FUNDS FOR ADMINISTRATIVE AND

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PROJECT EXPENSES.—Section 405(b) of the Na- (ii) in paragraph (1), by inserting ‘‘(or appli- amended by striking ‘‘All revenues’’ and insert- tional Forest Foundation Act (16 U.S.C. 583j– cable designee)’’ after ‘‘The Secretary con- ing ‘‘Except as provided in section 209, all reve- 3(b)) is amended by striking ‘‘2018’’ and insert- cerned’’ both places it appears; nues’’. ing ‘‘2023’’. (iii) in paragraph (2), by inserting ‘‘(or appli- Subtitle C—Availability of Categorical Exclu- (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- cable designee)’’ after ‘‘The Secretary con- sions To Expedite Forest Management Ac- tion 410(b) of the National Forest Foundation cerned’’; tivities (iv) in paragraph (4), by inserting ‘‘(or appli- Act (16 U.S.C. 583j–8(b)) is amended by striking PART I—GENERAL PROVISIONS ‘‘2018’’ and inserting ‘‘2023’’. cable designee)’’ after ‘‘The Secretary con- SEC. 8301. DEFINITIONS. Subtitle B—Secure Rural Schools and Com- cerned’’; and (v) by adding at the end the following new In this subtitle: munity Self-Determination Act of 2000 (1) CATASTROPHIC EVENT.—The term ‘‘cata- paragraph: Amendments strophic event’’ means any natural disaster ‘‘(6) APPLICABLE DESIGNEE.—In this section, SEC. 8201. USE OF RESERVED FUNDS FOR TITLE the term ‘applicable designee’ means— (such as hurricane, tornado, windstorm, snow II PROJECTS ON FEDERAL LAND AND or ice storm, rain storm, high water, wind-driv- CERTAIN NON-FEDERAL LAND. ‘‘(A) with respect to Federal land described in section 3(7)(A), the applicable Regional For- en water, tidal wave, earthquake, volcanic Section 204(f) of the Secure Rural Schools and eruption, landslide, mudslide, drought, or insect Community Self-Determination Act of 2000 (16 ester; and ‘‘(B) with respect to Federal land described in or disease outbreak) or any fire, flood, or explo- U.S.C. 7124(f)) is amended to read as follows: sion, regardless of cause. ‘‘(f) REQUIREMENTS FOR PROJECT FUNDS.— section 3(7)(B), the applicable Bureau of Land Management State Director.’’; (2) COOS BAY WAGON ROAD GRANT LANDS.—The ‘‘(1) IN GENERAL.—Subject to paragraph (2), term ‘‘Coos Bay Wagon Road Grant lands’’ the Secretary concerned shall ensure that at (D) in subsection (d)(3), by inserting ‘‘(or applicable designee)’’ after ‘‘the Secretary con- means the lands reconveyed to the United States least 50 percent of the project funds reserved pursuant to the first section of the Act of Feb- under section 102(d) by a participating county cerned’’; and (E) in subsection (f)(1)— ruary 26, 1919 (40 Stat. 1179). shall be available only for projects that— (3) FOREST MANAGEMENT ACTIVITY.—The term ‘‘(A) include— (i) by inserting ‘‘(or applicable designee)’’ after ‘‘the Secretary concerned’’; and ‘‘forest management activity’’ means a project ‘‘(i) the sale of timber or other forest products; or activity carried out by the Secretary con- ‘‘(ii) reduce fire risks; or (ii) by inserting ‘‘(or applicable designee)’’ after ‘‘of the Secretary’’. cerned on National Forest System lands or pub- ‘‘(iii) improve water supplies; and lic lands consistent with the forest plan covering ‘‘(B) implement stewardship objectives that (2) CONFORMING AMENDMENT.—Section 201(3) of the Secure Rural Schools and Community the lands. enhance forest ecosystems or restore and im- (4) FOREST PLAN.—The term ‘‘forest plan’’ Self-Determination Act of 2000 (16 U.S.C. prove land health and water quality. means— 7121(3)) is amended by inserting ‘‘(or applicable ‘‘(2) APPLICABILITY.—The requirement in (A) a land use plan prepared by the Bureau of designee (as defined in section 205(c)(6)))’’ after paragraph (1) shall apply only to project funds Land Management for public lands pursuant to ‘‘Secretary concerned’’ both places it appears. reserved by a participating county whose section 202 of the Federal Land Policy and boundaries include Federal land that the Sec- SEC. 8203. PROGRAM FOR TITLE II SELF-SUS- Management Act of 1976 (43 U.S.C. 1712); or retary concerned determines has been subject to TAINING RESOURCE ADVISORY COM- (B) a land and resource management plan MITTEE PROJECTS. a timber or other forest products program within prepared by the Forest Service for a unit of the 5 fiscal years before the fiscal year in which the (a) SELF-SUSTAINING RESOURCE ADVISORY National Forest System pursuant to section 6 of funds are reserved.’’. COMMITTEE PROJECTS.—Title II of the Secure the Forest and Rangeland Renewable Resources SEC. 8202. RESOURCE ADVISORY COMMITTEES. Rural Schools and Community Self-Determina- Planning Act of 1974 (16 U.S.C. 1604). (a) RECOGNITION OF RESOURCE ADVISORY tion Act of 2000 (16 U.S.C. 7121 et seq.) is amend- (5) NATIONAL FOREST SYSTEM.—The term ‘‘Na- COMMITTEES.—Section 205(a)(4) of the Secure ed by adding at the end the following new sec- tional Forest System’’ has the meaning given Rural Schools and Community Self-Determina- tion: that term in section 11(a) of the Forest and tion Act of 2000 (16 U.S.C. 7125(a)(4)) is amend- ‘‘SEC. 209. PROGRAM FOR SELF-SUSTAINING RE- Rangeland Renewable Resources Planning Act ed by striking ‘‘2018’’ each place it appears and SOURCE ADVISORY COMMITTEE of 1974 (16 U.S.C. 1609(a)). PROJECTS. inserting ‘‘2023’’. (6) OREGON AND CALIFORNIA RAILROAD GRANT (b) REDUCTION IN COMPOSITION OF COMMIT- ‘‘(a) RAC PROGRAM.—The Chief of the Forest LANDS.—The term ‘‘Oregon and California Rail- TEES.—Section 205(d) of the Secure Rural Service shall conduct a program (to be known as road Grant lands’’ means the following lands: Schools and Community Self-Determination Act the ‘self-sustaining resource advisory committee (A) All lands in the State of Oregon revested of 2000 (16 U.S.C. 7125(d)) is amended— program’ or ‘RAC program’) under which 10 rein the United States under the Act of June 9, (1) in paragraph (1), by striking ‘‘15 members’’ source advisory committees will propose projects 1916 (39 Stat. 218), that are administered by the and inserting ‘‘9 members’’; and authorized by subsection (c) to be carried out Secretary of the Interior, acting through the (2) by striking ‘‘5 persons’’ each place it ap- using project funds reserved by a participating Bureau of Land Management, pursuant to the pears and inserting ‘‘3 persons’’. county under section 102(d). first section of the Act of August 28, 1937 (43 (c) EXPANDING LOCAL PARTICIPATION ON COM- ‘‘(b) SELECTION OF PARTICIPATING RESOURCE U.S.C. 1181a). MITTEES.—Section 205(d) of the Secure Rural ADVISORY COMMITTEES.—The selection of re- (B) All lands in that State obtained by the Schools and Community Self-Determination Act source advisory committees to participate in the Secretary of the Interior pursuant to the land of 2000 (16 U.S.C. 7125(d)) is further amended— RAC program is in the sole discretion of the exchanges authorized and directed by section 2 (1) in paragraph (3), by inserting before the Chief of the Forest Service. of the Act of June 24, 1954 (43 U.S.C. 1181h). period at the end the following: ‘‘, consistent ‘‘(c) AUTHORIZED PROJECTS.—Notwith- (C) All lands in that State acquired by the with the requirements of paragraph (4)’’; and standing the project purposes specified in sec- United States at any time and made subject to (2) by striking paragraph (4) and inserting the tions 202(b), 203(c), and 204(a)(5), projects under the provisions of title II of the Act of August 28, following new paragraph: the RAC program are intended to— 1937 (43 U.S.C. 1181f). ‘‘(4) GEOGRAPHIC DISTRIBUTION.—The members ‘‘(1) accomplish forest management objectives (7) PUBLIC LANDS.—The term ‘‘public lands’’ of a resource advisory committee shall reside or support community development; and has the meaning given that term in section 103 within the county or counties in which the com- ‘‘(2) generate receipts. of the Federal Land Policy and Management mittee has jurisdiction, or an adjacent county.’’. ‘‘(d) DEPOSIT AND AVAILABILITY OF REVE- Act of 1976 (43 U.S.C. 1702), except that the term (d) APPOINTMENT OF RESOURCE ADVISORY NUES.—Any revenue generated by a project con- includes Coos Bay Wagon Road Grant lands COMMITTEES BY APPLICABLE DESIGNEE.— ducted under the RAC program, including any and Oregon and California Railroad Grant (1) IN GENERAL.—Section 205 of the Secure interest accrued from the revenues, shall be— lands. Rural Schools and Community Self-Determina- ‘‘(1) deposited in the special account in the (8) REFORESTATION ACTIVITY.—The term ‘‘re- tion Act of 2000 (16 U.S.C. 7125) is further Treasury established under section 102(d)(2)(A); forestation activity’’ means a forest management amended— and activity carried out by the Secretary concerned (A) in subsection (a)— ‘‘(2) available, in such amounts as may be where the primary purpose is the reforestation (i) in paragraph (1), by inserting ‘‘(or applica- provided in advance in appropriation Acts, for of impacted lands following a catastrophic ble designee)’’ after ‘‘The Secretary concerned’’; additional projects under the RAC program. event. The term includes planting, evaluating (ii) in paragraph (3), by inserting ‘‘(or appli- ‘‘(e) TERMINATION OF AUTHORITY.— and enhancing natural regeneration, clearing cable designee)’’ after ‘‘the Secretary con- ‘‘(1) IN GENERAL.—The authority to initiate a competing vegetation, and other activities re- cerned’’; and project under the RAC program shall terminate lated to reestablishment of forest species on the (iii) in paragraph (4), by inserting ‘‘(or appli- on September 30, 2023. impacted lands. cable designee)’’ after ‘‘the Secretary con- ‘‘(2) DEPOSITS IN TREASURY.—Any funds (9) RESOURCE ADVISORY COMMITTEE.—The cerned’’ both places it appears; available for projects under the RAC program term ‘‘resource advisory committee’’ has the (B) in subsection (b)(6), by inserting ‘‘(or ap- and not obligated by September 30, 2024, shall be meaning given that term in section 201 of the Se- plicable designee)’’ after ‘‘the Secretary con- deposited in the Treasury of the United cure Rural Schools and Community Self-Deter- cerned’’; States.’’. mination Act of 2000 (16 U.S.C. 7121). (C) in subsection (c)— (b) EXCEPTION TO GENERAL RULE REGARDING (10) SALVAGE OPERATION.—The term ‘‘salvage (i) in the subsection heading, by inserting ‘‘OR TREATMENT OF RECEIPTS.—Section 403(b) of the operation’’ means a forest management activity APPLICABLE DESIGNEE’’ after ‘‘BY THE SEC- Secure Rural Schools and Community Self-De- carried out in response to a catastrophic event RETARY’’; termination Act of 2000 (16 U.S.C. 7153(b)) is where the primary purpose is—

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00128 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4109 (A) to prevent wildfire as a result of the cata- (1) to address an insect or disease infestation; section to meet early successional forest goals in strophic event, or, if the catastrophic event was (2) to reduce hazardous fuel loads; such a manner so as to maximize production wildfire, to prevent a re-burn of the fire-im- (3) to protect a municipal water source; and regeneration of priority species, as identi- pacted area; (4) to maintain, enhance, or modify critical fied in the forest plan and consistent with the (B) to provide an opportunity for utilization habitat to protect it from catastrophic disturb- capability of the activity site. of forest materials damaged as a result of the ances; (e) ACREAGE LIMITATIONS.—A forest manage- catastrophic event; or (5) to increase water yield; or ment activity covered by the categorical exclu- (C) to provide a funding source for reforest- (6) any combination of the purposes specified sion established under subsection (a) may not ation for the National Forest System lands or in paragraphs (1) through (5). contain treatment units exceeding a total of public lands impacted by the catastrophic event. (c) AVAILABILITY OF CATEGORICAL EXCLU- 6,000 acres. (11) SECRETARY CONCERNED.—The term ‘‘Sec- SION.—On and after the date of the enactment SEC. 8314. CATEGORICAL EXCLUSION FOR HAZ- retary concerned’’ means— of this Act, the Secretary concerned may use the ARD TREES. (A) the Secretary of Agriculture, with respect categorical exclusion established under sub- (a) CATEGORICAL EXCLUSION ESTABLISHED.— to National Forest System lands; and section (a) in accordance with this section. Forest management activities carried out by the (B) the Secretary of the Interior, with respect (d) ACREAGE LIMITATIONS.—A forest manage- Secretary concerned to remove hazard trees for to public lands. ment activity covered by the categorical exclu- purposes of the protection of public health or SEC. 8302. RULE OF APPLICATION FOR NATIONAL sion established under subsection (a) may not safety, water supply, or public infrastructure FOREST SYSTEM LANDS AND PUBLIC contain treatment units exceeding a total of are a category of actions hereby designated as LANDS. 6,000 acres. being categorically excluded from the prepara- Unless specifically provided by a provision of SEC. 8312. CATEGORICAL EXCLUSION TO EXPE- tion of an environmental assessment or an envi- this subtitle, the authorities provided by this DITE SALVAGE OPERATIONS IN RE- ronmental impact statement under section 102 of subtitle do not apply with respect to any Na- SPONSE TO CATASTROPHIC EVENTS. the National Environmental Policy Act of 1969 tional Forest System lands or public lands— (a) CATEGORICAL EXCLUSION ESTABLISHED.— (42 U.S.C. 4332). (1) that are included in the National Wilder- Salvage operations carried out by the Secretary (b) AVAILABILITY OF CATEGORICAL EXCLU- ness Preservation System; concerned on National Forest System lands or SION.—On and after the date of the enactment (2) that are located within a national or public lands are a category of actions hereby of this Act, the Secretary concerned may use the State-specific inventoried roadless area estab- designated as being categorically excluded from categorical exclusion established under sub- lished by the Secretary of Agriculture through the preparation of an environmental assessment section (a) in accordance with this section. or an environmental impact statement under regulation, unless— SEC. 8315. CATEGORICAL EXCLUSION TO IM- (A) the forest management activity to be car- section 102 of the National Environmental Pol- PROVE OR RESTORE NATIONAL FOR- ried out under such authority is consistent with icy Act of 1969 (42 U.S.C. 4332). EST SYSTEM LANDS OR PUBLIC the forest plan applicable to the area; or (b) AVAILABILITY OF CATEGORICAL EXCLU- LAND OR REDUCE THE RISK OF (B) the Secretary of Agriculture determines SION.—On and after the date of the enactment WILDFIRE. the forest management activity is permissible of this Act, the Secretary concerned may use the (a) CATEGORICAL EXCLUSION ESTABLISHED.— under the applicable roadless rule governing categorical exclusion established under sub- Forest management activities described in sub- such lands; or section (a) in accordance with this section. section (b) are a category of actions hereby des- (3) on which timber harvesting for any pur- (c) ACREAGE LIMITATION.—A salvage oper- ignated as being categorically excluded from the pose is prohibited by Federal statute. ation covered by the categorical exclusion estab- preparation of an environmental assessment or lished under subsection (a) may not contain SEC. 8303. CONSULTATION UNDER THE ENDAN- an environmental impact statement under sec- GERED SPECIES ACT. treatment units exceeding a total of 6,000 acres. tion 102 of the National Environmental Policy (d) ADDITIONAL REQUIREMENTS.— (a) NO CONSULTATION IF ACTION NOT LIKELY Act of 1969 (42 U.S.C. 4332). (1) STREAM BUFFERS.—A salvage operation TO ADVERSELY AFFECT A LISTED SPECIES OR (b) FOREST MANAGEMENT ACTIVITIES DES- covered by the categorical exclusion established DESIGNATED CRITICAL HABITAT.—With respect IGNATED FOR CATEGORICAL EXCLUSION.— under subsection (a) shall comply with the to a forest management activity carried out pur- (1) DESIGNATION.—The category of forest man- standards and guidelines for stream buffers con- suant to this subtitle, consultation under section agement activities designated under this section tained in the applicable forest plan, except that 7 of the Endangered Species Act of 1973 (16 for a categorical exclusion are forest manage- the Regional Forester, in the case of National U.S.C. 1536) shall not be required if the Sec- ment activities described in paragraph (2) that Forest System lands, or the State Director of the retary concerned determines that such forest are carried out by the Secretary concerned on Bureau of Land Management, in the case of management activity is not likely to adversely National Forest System lands or public lands public lands, may, on a case-by-case basis, affect a listed species or designated critical habi- where the primary purpose of such activity is to waive the standards and guidelines. tat. improve or restore such lands or reduce the risk (2) REFORESTATION PLAN.—A reforestation (b) EXPEDITED CONSULTATION.—With respect of wildfire on those lands. plan shall be developed under section 3 of the to a forest management activity carried out pur- (2) ACTIVITIES AUTHORIZED.—The following Act of June 9, 1930 (commonly known as the suant to this subtitle, consultation required forest management activities may be carried out Knutson-Vandenberg Act; (16 U.S.C. 576b)), as under section 7 of the Endangered Species Act pursuant to the categorical exclusion estab- part of a salvage operation covered by the cat- of 1973 (16 U.S.C. 1536) shall be concluded with- lished under subsection (a): egorical exclusion established under subsection (A) Removal of juniper trees, medusahead rye, in the 90-day period beginning on the date on (a). conifer trees, pin˜ on pine trees, cheatgrass, and which such consultation was requested by the other noxious or invasive weeds specified on Secretary concerned. SEC. 8313. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY Federal or State noxious weeds lists through SEC. 8304. SECRETARIAL DISCRETION IN THE SUCCESSIONAL FORESTS. late-season livestock grazing, targeted livestock CASE OF TWO OR MORE CATEGOR- (a) CATEGORICAL EXCLUSION ESTABLISHED.— ICAL EXCLUSIONS. grazing, prescribed burns, and mechanical treat- Forest management activities described in sub- To the extent that a forest management activ- ments. section (b) are a category of actions hereby des- (B) Performance of hazardous fuels manage- ity may be categorically excluded under more ignated as being categorically excluded from the ment. than one of the sections of this subtitle, the Sec- preparation of an environmental assessment or (C) Creation of fuel and fire breaks. retary concerned shall have full discretion to an environmental impact statement under sec- (D) Modification of existing fences in order to determine which categorical exclusion to use. tion 102 of the National Environmental Policy distribute livestock and help improve wildlife PART II—CATEGORICAL EXCLUSIONS Act of 1969 (42 U.S.C. 4332). habitat. SEC. 8311. CATEGORICAL EXCLUSION TO EXPE- (b) FOREST MANAGEMENT ACTIVITIES DES- (E) Stream restoration and erosion control, in- DITE CERTAIN CRITICAL RESPONSE IGNATED FOR CATEGORICAL EXCLUSION.—The cluding the installation of erosion control de- ACTIONS. category of forest management activities des- vices. (a) CATEGORICAL EXCLUSION ESTABLISHED.— ignated under this section for a categorical ex- (F) Construction of new and maintenance of Forest management activities described in sub- clusion are forest management activities carried permanent infrastructure, including stock section (b) are a category of actions hereby des- out by the Secretary concerned on National For- ponds, water catchments, and water spring ignated as being categorically excluded from the est System lands or public lands where the pri- boxes used to benefit livestock and improve wild- preparation of an environmental assessment or mary purpose of such activity is to improve, en- life habitat. an environmental impact statement under sec- hance, or create early successional forests for (G) Performance of soil treatments, native and tion 102 of the National Environmental Policy wildlife habitat improvement and other pur- non-native seeding, and planting of and trans- Act of 1969 (42 U.S.C. 4332). poses, consistent with the applicable forest plan. planting sagebrush, grass, forb, shrub, and (b) FOREST MANAGEMENT ACTIVITIES DES- (c) AVAILABILITY OF CATEGORICAL EXCLU- other species. IGNATED FOR CATEGORICAL EXCLUSION.—The SION.—On and after the date of the enactment (H) Use of herbicides, so long as the Secretary category of forest management activities des- of this Act, the Secretary concerned may use the concerned determines that the activity is other- ignated under this section for a categorical ex- categorical exclusion established under sub- wise conducted consistently with agency proce- clusion are forest management activities carried section (a) in accordance with this section. dures, including any forest plan applicable to out by the Secretary concerned on National For- (d) PROJECT GOALS.—To the maximum extent the area covered by the activity. est System lands or public lands where the pri- practicable, the Secretary concerned shall de- (c) AVAILABILITY OF CATEGORICAL EXCLU- mary purpose of such activity is— sign a forest management activity under this SION.—On and after the date of the enactment

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of this Act, the Secretary concerned may use the section (b) are a category of actions hereby des- (c) AVAILABILITY OF CATEGORICAL EXCLU- categorical exclusion established under sub- ignated as being categorically excluded from the SION.—On and after the date of the enactment section (a) in accordance with this section. preparation of an environmental assessment or of this Act, the Secretary of Agriculture may use (d) ACREAGE LIMITATIONS.—A forest manage- an environmental impact statement under sec- the categorical exclusion established under sub- ment activity covered by the categorical exclu- tion 102 of the National Environmental Policy section (a) in accordance with this section. sion established under subsection (a) may not Act of 1969 (42 U.S.C. 4332). SEC. 8319. CATEGORICAL EXCLUSION FOR ADMIN- contain treatment units exceeding a total of (b) FOREST MANAGEMENT ACTIVITIES DES- ISTRATIVE SITES. 6,000 acres. IGNATED FOR CATEGORICAL EXCLUSION.—The (a) CATEGORICAL EXCLUSION ESTABLISHED.— (e) DEFINITIONS.—In this section: category of forest management activities des- Forest management activities described in sub- (1) HAZARDOUS FUELS MANAGEMENT.—The ignated under this section for categorical exclu- section (b) are a category of actions hereby des- term ‘‘hazardous fuels management’’ means any sion are forest management activities carried out ignated as being categorically excluded from the vegetation management activities that reduce by the Secretary of Agriculture on National For- preparation of an environmental assessment or the risk of wildfire. est System lands where the primary purpose of an environmental impact statement under sec- (2) LATE-SEASON GRAZING.—The term ‘‘late- such activity is— tion 102 of the National Environmental Policy season grazing’’ means grazing activities that (1) constructing, reconstructing, or decommis- Act of 1969 (42 U.S.C. 4332). occur after both the invasive species and native sioning National Forest System roads not ex- (b) FOREST MANAGEMENT ACTIVITIES DES- perennial species have completed their current- ceeding 3 miles; IGNATED FOR CATEGORICAL EXCLUSION.—The year annual growth cycle until new plant (2) adding an existing road to the forest trans- growth begins to appear in the following year. category of forest management activities des- portation system; ignated under this section for a categorical ex- (3) TARGETED LIVESTOCK GRAZING.—The term (3) reclassifying a National Forest System clusion are forest management activities carried ‘‘targeted livestock grazing’’ means grazing used road at a different maintenance level; out by the Secretary of Agriculture on National for purposes of hazardous fuels management. (4) reconstructing, rehabilitating, or decom- Forest System lands where the primary purpose SEC. 8316. CATEGORICAL EXCLUSION FOR FOR- missioning bridges; of such activity is to construct, reconstruct, EST RESTORATION. (5) removing dams; or (a) CATEGORICAL EXCLUSION ESTABLISHED.— (6) maintaining facilities through the use of maintain, decommission, relocate, or dispose of Forest management activities described in sub- pesticides as authorized by applicable Federal an administrative site. section (b) are a category of actions hereby des- and State law and as applied in accordance (c) AVAILABILITY OF CATEGORICAL EXCLU- ignated as being categorically excluded from the with label instructions. SION.—On and after the date of the enactment preparation of an environmental assessment or (c) AVAILABILITY OF CATEGORICAL EXCLU- of this Act, the Secretary of Agriculture may use an environmental impact statement under sec- SION.—On and after the date of the enactment the categorical exclusion established under sub- tion 102 of the National Environmental Policy of this Act, the Secretary of Agriculture may use section (a) in accordance with this section. Act of 1969 (42 U.S.C. 4332). the categorical exclusion established under sub- (d) LIMITATIONS.— (b) FOREST MANAGEMENT ACTIVITIES DES- section (a) in accordance with this section. (1) PERMANENT ROADS.—A project covered by IGNATED FOR CATEGORICAL EXCLUSION.— SEC. 8318. CATEGORICAL EXCLUSION FOR DEVEL- the categorical exclusion established by sub- (1) DESIGNATION.—The category of forest man- OPED RECREATION SITES. section (a) may include— agement activities designated under this section (a) CATEGORICAL EXCLUSION ESTABLISHED.— (A) the construction of permanent roads not for categorical exclusion are forest management Forest management activities described in sub- to exceed 3 miles; and activities described in paragraph (2) that are section (b) are a category of actions hereby des- (B) the maintenance and reconstruction of ex- carried out by the Secretary concerned on Na- ignated as being categorically excluded from the isting permanent roads and trails, including the tional Forest System lands or public lands preparation of an environmental assessment or relocation of segments of existing roads and where the primary purpose of such activity is— an environmental impact statement under sec- trails to address resource impacts. (A) to improve forest health and resiliency to tion 102 of the National Environmental Policy (2) TEMPORARY ROADS.—Any temporary road disturbances; Act of 1969 (42 U.S.C. 4332). constructed for a project covered by the categor- (B) to reduce hazardous fuels; or (b) FOREST MANAGEMENT ACTIVITIES DES- ical exclusion established by subsection (a) shall (C) to improve wildlife and aquatic habitat. IGNATED FOR CATEGORICAL EXCLUSION.— be decommissioned not later than 3 years after (2) ACTIVITIES AUTHORIZED.—The following (1) DESIGNATION.—The category of forest man- the date on which the project is completed. forest management activities may be carried out agement activities designated under this section ESTICIDES.—Pesticides may only be used pursuant the categorical exclusion established (3) P for a categorical exclusion are forest manage- to carry out a project covered by the categorical under subsection (a): ment activities described in paragraph (2) car- (A) Timber harvests, including commercial exclusion established by subsection (a) as au- ried out by the Secretary of Agriculture on Na- and pre-commercial timber harvest, salvage har- thorized by applicable Federal and State law tional Forest System lands where the primary vest, and regeneration harvest. and as applied in accordance with label instruc- (B) Hazardous fuels reduction. purpose of such activity is to operate, maintain, tions. (C) Prescribed burning. modify, reconstruct, or decommission existing (e) DEFINITION OF ADMINISTRATIVE SITE.—In (D) Improvement or establishment of wildlife developed recreation sites. this section, the term ‘‘administrative site’’ has and aquatic habitat. (2) ACTIVITIES AUTHORIZED.—The following the meaning given the term in section 502(1) of (E) Stream restoration and erosion control. forest management activities may be carried out the Forest Service Facility Realignment and En- (F) Road and trail decommissioning. pursuant to the categorical exclusion under sub- hancement Act of 2005 (16 U.S.C. 580d note). section (a): (c) AVAILABILITY OF CATEGORICAL EXCLU- SEC. 8320. CATEGORICAL EXCLUSION FOR SPE- SION.—On and after the date of the enactment (A) Constructing, modifying, or reconstructing CIAL USE AUTHORIZATIONS. toilet or shower facilities. of this Act, the Secretary concerned may use the (a) CATEGORICAL EXCLUSION ESTABLISHED.— (B) Constructing, modifying, or reconstructing categorical exclusion established under sub- Forest management activities described in sub- fishing piers, wildlife viewing platforms, docks, section (a) in accordance with this section. section (b) are a category of actions hereby des- or other constructed recreation sites or facilities. (d) ACREAGE LIMITATIONS.—A forest manage- ignated as being categorically excluded from the (C) Constructing, reconstructing, or maintain- ment activity covered by the categorical exclu- preparation of an environmental assessment or ing, parking areas, National Forest System sion established under subsection (a) may not an environmental impact statement under sec- roads, or National Forest System trails within or contain treatment units exceeding a total of tion 102 of the National Environmental Policy connecting to recreation sites, including paving 6,000 acres. Act of 1969 (42 U.S.C. 4332). (e) LIMITATIONS ON ROAD BUILDING.— and road and trail rerouting, except that— (b) FOREST MANAGEMENT ACTIVITIES DES- (1) PERMANENT ROADS.—A forest management (i) permanent roads constructed under this IGNATED FOR CATEGORICAL EXCLUSION.—The activity covered by the categorical exclusion es- section may not exceed 3 miles; and category of forest management activities des- tablished by subsection (a) may include— (ii) temporary roads constructed for projects (A) the construction of permanent roads not covered by this section shall be decommissioned ignated under this section for a categorical ex- to exceed 3 miles; and within 3 years of completion of the project. clusion are forest management activities carried (B) the maintenance and reconstruction of ex- (D) Modifying or reconstructing existing out by the Secretary of Agriculture on National isting permanent roads and trails, including the water or waste disposal systems. Forest System lands where the primary purpose relocation of segments of existing roads and (E) Constructing, modifying, or reconstructing of such activity is: trails to address resource impacts. single or group use sites. (1) Issuance of a new special use authoriza- (2) TEMPORARY ROADS.—Any temporary road (F) Decommissioning recreation facilities or tion for an existing or expired special use au- constructed for a forest management activity portions of recreation facilities. thorization, without any substantial change in covered by the categorical exclusion established (G) Decommissioning National Forest System the scope and scale of the authorized use and by subsection (a) shall be decommissioned not roads or National Forest System trails not ex- occupancy when— later than 3 years after the date on which the ceeding 3 miles within or connecting to devel- (A) the issuance is a purely ministerial action project is completed. oped recreation sites. to account for administrative changes, such as a SEC. 8317. CATEGORICAL EXCLUSION FOR INFRA- (H) Constructing, modifying, or reconstructing change in ownership or expiration of the cur- STRUCTURE FOREST MANAGEMENT boat landings. rent authorization; and ACTIVITIES. (I) Reconstructing existing ski lifts. (B) the applicant or holder is in compliance (a) CATEGORICAL EXCLUSION ESTABLISHED.— (K) Modifying or reconstructing a recreation with the terms and conditions of the existing or Forest management activities described in sub- lodging rental. expired special use authorization.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00130 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4111 (2) Modification, removal, repair, mainte- scapes on Federal land and non-Federal land; (2) make reasonable efforts to avoid adversely nance, reconstruction, or replacement of a facil- and impacting the domestic sawmill industry in the ity or improvement for an existing special use ‘‘(B) may use the excess amounts to support State of California. authorization. authorized hazardous fuels reduction projects (c) SPECIAL CONTRACT PROVISIONS.—The Sec- (3) Issuance of a new special use authoriza- on non-Federal lands through grants to State retary of Agriculture may adjust contract provi- tion or amendment to an existing special use au- Foresters, or equivalent State officials, in ac- sions for Forest Service contracts in region 5 of thorization for activities that will occur on ex- cordance with subsection (e) in an amount the National Forest System as the Secretary isting roads, trails, facilities, or areas approved equal to the greater of— considers appropriate to ensure successful im- for use in a land management plan or other doc- ‘‘(i) 20 percent of the excess amount; and plementation of, and compliance with, the regu- umented decision. ‘‘(ii) $20,000,000.’’; and lations issued under subsection (a). (4) Approval, modification, or continuation of (2) by adding at the end the following new (d) RELATION TO LIMITATIONS ON TIMBER SUB- minor, short-term (5 years or less) special uses of subsection: STITUTION.—Section 490 of the Forest Resources ‘‘(e) CROSS-BOUNDARY FUELS REDUCTION National Forest System lands or public lands. Conservation and Shortage Relief Act of 1990 (16 PROJECTS.— U.S.C. 620b) shall not apply to unprocessed tim- (5) Issuance of a special use authorization for ‘‘(1) IN GENERAL.—To the maximum extent ber designated as surplus pursuant to the regu- an existing unauthorized use or occupancy that practicable, the Secretary shall use the excess lations issued under subsection (a). has not been deemed in trespass where no new funds described in subsection (d)(3) to support (e) ADDITIONAL STAFF FOR IMPLEMENTA- ground disturbance is proposed. hazardous fuels reduction projects that incor- TION.—Using funds otherwise available to the (6) Approval or modification of minor special porate treatments for hazardous fuels reduction Forest Service for management, protection, im- uses of National Forest System lands or public in landscapes across ownership boundaries on provement, and utilization of the National For- lands that require less than 20 contiguous acres. Federal, State, county, or Tribal land, private est System, the Secretary of Agriculture may (7) Approval of vegetative management plans, land, and other non-Federal land, particularly hire additional Forest Service employees to im- and vegetation management activities in accord- in areas identified as priorities in applicable plement the regulations issued under subsection ance with an approved vegetation management State-wide forest resource assessments or strate- (a). plan, under a special use authorization for an gies under section 2A(a) of the Cooperative For- (f) DURATION OF REGULATIONS; PERIODIC RE- electric transmission and distribution facility estry Assistance Act of 1978 (16 U.S.C. 2101a(a)), VIEW.—The regulations issued under subsection right-of-way. as mutually agreed to by the State Forester and (a) shall remain in effect for a 10-year period be- (c) AVAILABILITY OF EXCLUSION.—On and the Regional Forester. ginning on the date of the issuance of the regu- after the date of the enactment of this Act, the ‘‘(2) LAND TREATMENTS.—To conduct and Secretary of Agriculture may use the categorical fund treatments for projects that include Fed- lations, except that the continued need for the exclusion established under subsection (a) in ac- eral and non-Federal land, the Secretary may— regulations shall be subject to the periodic re- cordance with this section. ‘‘(A) use the authorities of the Secretary relat- view required by the second sentence of section (d) DOCUMENT REQUIREMENTS.—The Secretary ing to cooperation and technical and financial 489(b)(2) of the Forest Resources Conservation of Agriculture shall not be required to prepare a assistance, including the good neighbor author- and Shortage Relief Act of 1990 (16 U.S.C. project file or decision memorandum to categori- ity under— 620a(b)(2)). cally exclude a forest management activity de- ‘‘(i) section 8206 of the Agricultural Act of (g) DEFINITIONS.—In this section: scribed under paragraphs (1) through (4) of sub- 2014 (16 U.S.C. 2113a); and (1) COVERED TREE SPECIES.—The term ‘‘cov- section (b). ‘‘(ii) section 331 of the Department of the Inte- ered tree species’’ means the following pine species: SEC. 8321. CLARIFICATION OF EXISTING CAT- rior and Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note; Public Law 106–291); (A) Ponderosa pine (Pinus ponderosa). EGORICAL EXCLUSION AUTHORITY (B) Sugar pine (Pinus lambertiana). RELATED TO INSECT AND DISEASE and (C) Jeffrey pine (Pinus jefferyi). INFESTATION. ‘‘(B) allocate excess funds under subsection (D) Lodgepole pine (Pinus contorta). Section 603(c)(2)(B) of the Healthy Forests (d)(3) for projects carried out pursuant to sec- (2) DIED OR DYING.—The term ‘‘died or Restoration Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) tion 8206 of the Agricultural Act of 2014 (16 dying’’, with respect to a covered tree species, is amended by striking ‘‘Fire Regime Groups I, U.S.C. 2113a). shall be determined in a manner consistent with ‘‘(3) COOPERATION.—In carrying out this sub- II, or III’’ and inserting ‘‘Fire Regime I, Fire applicable Forest Service standards. Regime II, Fire Regime III, Fire Regime IV, or section, the State Forester, in consultation with Subtitle D—Tribal Forestry Participation and Fire Regime V’’. the Secretary (or a designee)— ‘‘(A) shall consult with the owners of State, Protection PART III—MISCELLANEOUS FOREST county, Tribal, and private land and other non- SEC. 8401. PROTECTION OF TRIBAL FOREST AS- MANAGEMENT ACTIVITIES Federal land with respect to hazardous fuels re- SETS THROUGH USE OF STEWARD- SEC. 8331. GOOD NEIGHBOR AGREEMENTS. duction projects; and SHIP END RESULT CONTRACTING Section 8206 of the Agricultural Act of 2014 (16 ‘‘(B) shall not implement any project on non- AND OTHER AUTHORITIES. U.S.C. 2113a) is amended— Federal land without the consent of the owner (a) PROMPT CONSIDERATION OF TRIBAL RE- (1) in subsection (a)— of the non-Federal land. QUESTS.—Section 2(b) of the Tribal Forest Pro- (A) in paragraph (1)(B), by striking ‘‘Sec- ‘‘(4) EXISTING LAWS.—Regardless of the indi- tection Act of 2004 (25 U.S.C. 3115a(b)) is amend- retary or a Governor’’ and inserting ‘‘Secretary, vidual or entity implementing a project on non- ed— Governor, or Indian Tribe’’; Federal land under this subsection, only the (1) in paragraph (1), by striking ‘‘Not later (B) in paragraph (4) by striking ‘‘Secretary laws and regulations that apply to non-Federal than 120 days after the date on which an Indian and a Governor’’ and inserting ‘‘Secretary and land shall be applicable with respect to the tribe submits to the Secretary’’ and inserting either a Governor or an Indian Tribe’’; project.’’. ‘‘In response to the submission by an Indian Tribe of’’; and (C) by redesignating paragraphs (6), (7), and SEC. 8333. REGULATIONS REGARDING DESIGNA- (8) as paragraphs (7), (8), and (9), respectively; TION OF DEAD OR DYING TREES OF (2) by adding at the end the following new and CERTAIN TREE SPECIES ON NA- paragraph: ‘‘(4) TIME PERIODS FOR CONSIDERATION.— (D) by inserting after paragraph (5) the fol- TIONAL FOREST SYSTEM LANDS IN ‘‘(A) INITIAL RESPONSE.—Not later than 120 lowing new paragraph: CALIFORNIA AS EXEMPT FROM PRO- HIBITION ON EXPORT OF UNPROC- days after the date on which the Secretary re- ‘‘(6) INDIAN TRIBE.—The term ‘Indian Tribe’ ESSED TIMBER ORIGINATING FROM ceives a Tribal request under paragraph (1), the has the meaning given the term in section 4 of FEDERAL LANDS. Secretary shall provide an initial response to the the Indian Self-Determination and Education (a) ISSUANCE OF REGULATIONS.—Consistent Indian Tribe regarding— Assistance Act (25 U.S.C. 5304));’’; and with the rulemaking procedures specified in ‘‘(i) whether the request may meet the selec- (2) in subsection (b)— paragraph (2) of subsection (b) of section 489 of tion criteria described in subsection (c); and (A) in paragraph (1)(A), by inserting ‘‘or an the Forest Resources Conservation and Shortage ‘‘(ii) the likelihood of the Secretary entering Indian Tribe’’ after ‘‘Governor’’; and Relief Act of 1990 (16 U.S.C. 620a), the Secretary into an agreement or contract with the Indian (B) in paragraph (3), by inserting ‘‘or an In- of Agriculture shall make a determination under Tribe under paragraph (2) for activities de- dian Tribe’’ after ‘‘Governor’’. paragraph (1) of such subsection that unproc- scribed in paragraph (3). SEC. 8332. PROMOTING CROSS-BOUNDARY WILD- essed timber derived from dead or dying trees of ‘‘(B) NOTICE OF DENIAL.—Notice under sub- FIRE MITIGATION. a covered tree species originating on National section (d) of the denial of a Tribal request Section 103 of the Healthy Forests Restoration Forest System lands in the State of California under paragraph (1) shall be provided not later Act of 2003 (16 U.S.C. 6513) is amended— are surplus to domestic manufacturing needs than 1 year after the date on which the Sec- (1) in subsection (d), by adding at the end the and therefore exempt from the export prohibi- retary received the request. following new paragraph: tion contained in subsection (a) of such section. ‘‘(C) COMPLETION.—Not later than 2 years ‘‘(3) CROSS-BOUNDARY CONSIDERATIONS.—For (b) ELIMINATION OF ADVERSE EFFECTS.—In after the date on which the Secretary receives a any fiscal year for which the amount appro- making the determination under subsection (a) Tribal request under paragraph (1), other than priated to the Secretary for hazardous fuels re- and in implementing any regulations issued a Tribal request denied under subsection (d), the duction is in excess of $300,000,000, the Sec- under such subsection, the Secretary of Agri- Secretary shall— retary— culture shall— ‘‘(i) complete all environmental reviews nec- ‘‘(A) is encouraged to use the excess amounts (1) consult with representatives of sawmills in essary in connection with the agreement or con- for hazardous fuels reduction projects that in- the State of California and other interested per- tract and proposed activities under the agree- corporate cross-boundary treatments of land- sons; and ment or contract; and

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‘‘(ii) enter into the agreement or contract with (1) INNOVATIVE WOOD PRODUCT.—The term (B) the damage was caused by the failure of the Indian Tribe under paragraph (2).’’. ‘‘innovative wood product’’ means a type of the participant to comply with specific safety re- (b) CONFORMING AND TECHNICAL AMEND- building component or system that uses large quirements expressly imposed by the Forest MENTS.—Section 2 of the Tribal Forest Protec- panelized wood construction, including mass Service as a condition of participating in the tion Act of 2004 (25 U.S.C. 3115a) is amended— timber. pilot program. (1) in subsections (b)(1) and (f)(1), by striking (2) MASS TIMBER.—The term ‘‘mass timber’’ (f) IMPLEMENTATION.—The Secretary shall ‘‘section 347 of the Department of the Interior includes— utilize existing laws and regulations in the con- and Related Agencies Appropriations Act, 1999 (A) cross-laminated timber; duct of the pilot program and, in order to imple- (16 U.S.C. 2104 note; Public Law 105–277) (as (B) nail-laminated timber; ment the pilot program in an efficient and expe- (C) glue-laminated timber; amended by section 323 of the Department of the ditious manner, may waive or modify specific (D) laminated strand lumber; and Interior and Related Agencies Appropriations (E) laminated veneer lumber. provisions of the Federal Acquisition Regula- Act, 2003 (117 Stat. 275))’’ and inserting ‘‘section (3) SECRETARY.—The term ‘‘Secretary’’ means tion, including modifications to allow for forma- 604 of the Healthy Forests Restoration Act of the Secretary of Agriculture, acting through the tion of contracts or agreements on a non- 2003 (16 U.S.C. 6591c)’’; and Research and Development deputy area and the competitive basis. (2) in subsection (d), by striking ‘‘subsection State and Private Forestry deputy area of the (g) TREATMENT OF PROCEEDS.—Notwith- (b)(1), the Secretary may’’ and inserting ‘‘para- Forest Service. standing any other provision of law, the Sec- graphs (1) and (4)(B) of subsection (b), the Sec- (4) TALL WOOD BUILDING.—The term ‘‘tall retary may— retary shall’’. wood building’’ means a building designed to (1) retain any funds provided to the Forest SEC. 8402. TRIBAL FOREST MANAGEMENT DEM- be— Service by a participant in the pilot program; ONSTRATION PROJECT. (A) constructed with mass timber; and and The Secretary of the Interior and the Sec- (B) more than 85 feet in height. (2) use such funds, in such amounts as may be retary of Agriculture may carry out demonstra- SEC. 8502. UTILITY INFRASTRUCTURE RIGHTS-OF- appropriated, in the conduct of the pilot pro- tion projects by which federally recognized In- WAY VEGETATION MANAGEMENT gram. dian Tribes or Tribal organizations may con- PILOT PROGRAM. (h) DEFINITIONS.—In this section: tract to perform administrative, management, (a) PILOT PROGRAM REQUIRED.—To encourage (1) NATIONAL FOREST SYSTEM LAND.—The term and other functions of programs of the Tribal owners or operators of rights-of-way on Na- ‘‘National Forest System land’’ means land Forest Protection Act of 2004 (25 U.S.C. 3115a et tional Forest System land to partner with the within the National Forest System, as defined in seq.) through contracts entered into under the Forest Service to voluntarily perform vegetation section 11(a) of the Forest and Rangeland Re- Indian Self-Determination and Education As- management on a proactive basis to better pro- newable Resources Planning Act of 1974 (16 sistance Act (25 U.S.C. 5304 et seq.). tect utility infrastructure from potential passing U.S.C. 1609(a)) exclusive of the National Grass- wildfires, the Secretary shall conduct a limited, lands and land utilization projects designated Subtitle E—Other Matters voluntary pilot program, in the manner de- as National Grasslands administered pursuant SEC. 8501. CLARIFICATION OF RESEARCH AND DE- scribed in this section, to permit vegetation man- to the Act of July 22, 1937 (7 U.S.C. 1010–1012). VELOPMENT PROGRAM FOR WOOD agement projects on National Forest System (2) PASSING WILDFIRE.—The term ‘‘passing BUILDING CONSTRUCTION. land adjacent to or near such rights-of-way. wildfire’’ means a wildfire that originates out- (a) IN GENERAL.—The Secretary shall conduct (b) ELIGIBLE PARTICIPANTS.—A participant in side the right-of-way. performance-driven research and development, the pilot program must have a right-of-way on (3) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ education, and technical assistance for the pur- National Forest System land. In selecting par- means a special use authorization issued by the pose of facilitating the use of innovative wood ticipants, the Secretary shall give priority to Forest Service allowing the placement of utility products in wood building construction in the holders of a right-of-way who have worked with infrastructure. United States. Forest Service fire scientists and used tech- (4) UTILITY INFRASTRUCTURE.—The term ‘‘util- (b) ACTIVITIES.—In carrying out subsection nologies, such as Light Detection and Ranging ity infrastructure’’ means electric transmission (a), the Secretary shall— surveys, to improve utility infrastructure protec- lines, natural gas infrastructure, or related (1) after receipt of input and guidance from, tion prescriptions. structures. and collaboration with, the wood products in- (c) PROJECT ELEMENTS.—A vegetation man- (i) DURATION.—The authority to conduct the dustry, conservation organizations, and institu- agement project under the pilot program in- pilot program, and any vegetation management tions of higher education, conduct research and volves limited and selective vegetation manage- project under the pilot program, expires Decem- development, education, and technical assist- ment activities, which— ber 21, 2027. ance that meets measurable performance goals (1) shall create the least amount of disturb- (j) REPORT TO CONGRESS.—Not later than De- for the achievement of the priorities described in ance reasonably necessary to protect utility in- cember 31, 2019, and every two years thereafter, subsection (c); and frastructure from passing wildfires based on ap- the Secretary shall issue a report to the Com- (2) after coordination and collaboration with plicable models, including Forest Service fuel mittee on Energy and Natural Resources of the the wood products industry and conservation models; Senate, the Committee on Agriculture, Nutri- organizations, make competitive grants to insti- (2) may include thinning, fuel reduction, cre- tion, and Forestry of the Senate, the Committee tutions of higher education to conduct research ation and treatment of shaded fuel breaks, and on Natural Resources of the House of Represent- and development, education, and technical as- other measures as appropriate; atives, and the Committee on Agriculture of the sistance that meets measurable performance (3) shall only take place adjacent to the par- House of Representatives on the status of the goals for the achievement of the priorities de- ticipant’s right-of-way or within 75 feet of the program and any projects established under this scribed in subsection (c). participant’s right-of-way; section. (4) shall not take place in any designated wil- (c) PRIORITIES.—The research and develop- SEC. 8503. REVISION OF EXTRAORDINARY CIR- ment, education, and technical assistance con- derness area, wilderness study area, or inven- CUMSTANCES REGULATIONS. toried roadless area; and ducted under subsection (a) shall give priority (a) DETERMINATIONS OF EXTRAORDINARY CIR- (5) shall be subject to approval by the Forest to— CUMSTANCES.—In determining whether extraor- (1) ways to improve the commercialization of Service in accordance with this section. (d) PROJECT COSTS.—A participant in the pilot dinary circumstances related to a proposed ac- innovative wood products; program shall be responsible for all costs, as de- tion preclude use of a categorical exclusion, the (2) analyzing the safety of tall wood building termined by the Secretary, incurred in partici- Forest Service shall not be required to— materials; pating in the pilot program, unless the Secretary (1) consider whether a proposed action is (3) calculations by the Secretary of the life determines that it is in the public interest for within a potential wilderness area; cycle environmental footprint, from extraction (2) consider whether a proposed action affects the Forest Service to contribute funds for a of raw materials through the manufacturing a Forest Service sensitive species; vegetation management project conducted under process, of tall wood building construction; (3) conduct an analysis under section 220.4(f) the pilot program. (4) analyzing methods to reduce the life cycle of title 36, Code of Federal Regulations, of the (e) LIABILITY.— environmental footprint of tall wood building (1) IN GENERAL.—Participation in the pilot proposed action’s cumulative impact (as the construction; program does not affect any existing legal obli- term is defined in section 1508.7 of title 40, Code (5) analyzing the potential implications of the gations or liability standards that— of Federal Regulations); use of innovative wood products in building (A) arise under the right-of-way for activities (4) consider a determination under section 7 of construction on wildlife; and in the right-of-way; or the Endangered Species Act of 1973 (16 U.S.C. (6) one or more other research areas identified (B) apply to fires resulting from causes other 1536) that a proposed action may affect, but is by the Secretary, in consultation with conserva- than activities conducted pursuant to an ap- not likely to adversely affect, threatened, en- tion organizations, institutions of higher edu- proved vegetation management project. dangered, or candidate species, or designated cation, and the wood products industry. (2) PROJECT WORK.—A participant shall not be critical habitats; or (d) TIMEFRAME.—To the maximum extent liable to the United States for damage proxi- (5) consider a determination under section 7 of practicable, the measurable performance goals mately caused by activities conducted pursuant the Endangered Species Act of 1973 (16 U.S.C. for the research and development, education, to an approved vegetation management project 1536) that a proposed action may affect, and is and technical assistance conducted under sub- unless— likely to adversely affect threatened, endan- section (a) shall be achievable within a 5-year (A) such activities were carried out in a man- gered, candidate species, or designated critical period. ner that was grossly negligent or that violated habitat if the agency is in compliance with the (e) DEFINITIONS.—In this section: criminal law; or applicable provisions of the biological opinion.

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(b) PROPOSED RULEMAKING.—Not later than (1) in subsection (a)— as described in paragraph (1) is authorized by 60 days after the date of the enactment of this (A) by striking ‘‘2018’’ and inserting ‘‘2023’’; the Secretary to so operate on an annual Act, the Secretary of Agriculture shall publish a and basis.’’. notice of proposed rulemaking to revise section (B) by striking ‘‘agriculture solely to enhance (b) NATIONAL LIST OF APPROVED AND PROHIB- 220.6(b) of title 36, Code of Federal Regulations the competitiveness of specialty crops.’’ and in- ITED SUBSTANCES FOR ORGANIC FARMING OR to conform such section with subsection (a). serting the following: ‘‘agriculture to— HANDLING OPERATIONS.—Section 2119(n) of the (c) ADDITIONAL REVISION.—As part of the pro- ‘‘(1) enhance the competitiveness of specialty Organic Foods Production Act of 1990 (7 U.S.C. posed rulemaking described in subsection (b), crops; 6518(n)) is amended to read as follows: the Secretary of Agriculture shall revise section ‘‘(2) leverage efforts to market and promote ‘‘(n) PETITIONS.— 220.5(a)(2) of title 36, Code of Federal Regula- specialty crops; ‘‘(1) IN GENERAL.—The Board shall establish tions, to provide that the Forest Service shall ‘‘(3) assist producers with research and devel- procedures under which persons may petition not be required to consider proposals that would opment; the Board for the purpose of evaluating sub- substantially alter a potential wilderness area ‘‘(4) expand availability and access to spe- stances for inclusion on the National List. as a class of actions normally requiring environ- cialty crops; ‘‘(2) EXPEDITED REVIEW.—The Secretary shall mental impact statements. ‘‘(5) address local, regional, and national develop procedures under which the review of a (d) ADDITIONAL ACTIONS.—Not later than 120 challenges confronting specialty crop producers; petition referred to in paragraph (1) may be ex- days after the date of the enactment of this Act, and pedited if the petition seeks to include on the the Secretary of Agriculture shall issue final ‘‘(6) other priorities as determined by the Sec- National List a postharvest handling substance regulations to carry out the revisions described retary in consultation with relevant State de- that is related to food safety or a class of such in subsections (b) and (c). partments of agriculture.’’; substances. SEC. 8504. NO LOSS OF FUNDS FOR WILDFIRE (2) in subsection (k), by adding at the end the ‘‘(3) RULE OF CONSTRUCTION.—Nothing in SUPPRESSION. following new paragraph: paragraph (2) shall be construed as providing Nothing in this title or the amendments made ‘‘(3) EVALUATION OF PERFORMANCE.—The Sec- that section 2118(d) does not apply with respect by this title may be construed to limit from the retary shall enter into a cooperative agreement to the inclusion of a substance on the National availability of funds or other resources for wild- with relevant State departments of agriculture List pursuant to such paragraph.’’. fire suppression. and specialty crop industry stakeholders that (c) CERTAIN EMPLOYEES ELIGIBLE TO SERVE AS SEC. 8505. TECHNICAL CORRECTIONS. agree to— NATIONAL ORGANICS STANDARDS BOARD MEM- (a) WILDFIRE SUPPRESSION FUNDING AND FOR- ‘‘(A) develop, in consultation with the Sec- BERS.—Section 2119(b) of the Organic Foods EST MANAGEMENT ACTIVITIES ACT.— retary, performance measures to be used as the Production Act of 1990 (7 U.S.C. 6518(b)) is (1) IN GENERAL.—The Wildfire Suppression sole means for performing an evaluation under amended— Funding and Forest Management Activities Act subparagraph (B); and (1) in paragraph (1), by inserting ‘‘, or em- (Public Law 115–141) is amended— ‘‘(B) periodically evaluate the performance of ployees of such individuals’’ after ‘‘operation’’; (A) in section 102(a)(2), by striking ‘‘the date the program established under this section.’’; (2) in paragraph (2), by inserting ‘‘, or em- of enactment’’ and inserting ‘‘the date of the and ployees of such individuals’’ after ‘‘operation’’; enactment’’; and (3) in subsection (l)(2)(E), by striking ‘‘fiscal and (B) in section 401(a)(1), by inserting ‘‘of 2000’’ year 2018’’ and inserting ‘‘each of fiscal years (3) in paragraph (3), by inserting ‘‘, or an em- after ‘‘Self-Determination Act’’. 2018 through 2023’’. (2) EFFECTIVE DATE.—The amendments made ployee of such individual’’ after ‘‘products’’. by paragraph (1) shall take effect as if enacted SEC. 9005. AMENDMENTS TO THE PLANT VARIETY (d) NATIONAL ORGANIC STANDARDS BOARD PROTECTION ACT. as part of the Wildfire Suppression Funding and CONSULTATION REQUIREMENTS.—Section 2119(l) (a) ASEXUALLY REPRODUCED DEFINED.—Sec- Forest Management Activities Act (Public Law of the Organic Foods Production Act of 1990 (7 tion 41(a) of the Plant Variety Protection Act (7 115–141). U.S.C. 6518(l)) is amended— U.S.C. 2401(a)) is amended— (b) AGRICULTURAL ACT OF 2014.—Section (1) in paragraph (2), by striking ‘‘; and’’ at 8206(a) of the Agricultural Act of 2014 (16 U.S.C. (1) by redesignating paragraphs (1), (2), (3), the end and inserting a semicolon; 2113a(a)) is amended— (4), (5), (6), (7), (8), and (9) as paragraphs (2), (2) in paragraph (3)— (1) in paragraph (3)(B)(i)(II), by striking (3), (4), (5), (6), (7), (8), (9), and (10), respec- (A) by striking ‘‘and the evaluation of the ‘‘Good Neighbor Authority Improvement Act’’ tively; and technical advisory panel’’ and inserting ‘‘, the and inserting ‘‘Wildfire Suppression Funding (2) by inserting before paragraph (2), as so re- evaluation of the technical advisory panel, and and Forest Management Activities Act’’; and designated, the following new paragraph: the determinations of the task force required (2) in paragraph (7), as redesignated by sec- ‘‘(1) ASEXUALLY REPRODUCED.—The term under paragraph (4)’’; and tion 8331, by striking ‘‘Good Neighbor Authority ‘asexually reproduced’ means produced by a (B) by striking the period at the end and in- Improvement Act’’ and inserting ‘‘Wildfire Sup- method of plant propagation using vegetative serting ‘‘; and’’; and pression Funding and Forest Management Ac- material (other than seed) from a single parent, (3) by adding at the end the following new tivities Act’’. including cuttings, grafting, tissue culture, and paragraph: TITLE IX—HORTICULTURE propagation by root division.’’. ‘‘(4) in the case of a substance not included in (b) RIGHT TO PLANT VARIETY PROTECTION; the National List that the Commissioner of Food Subtitle A—Horticulture Marketing and PLANT VARIETIES PROTECTABLE.—Section 42(a) and Drugs has determined to be safe for use Information of the Plant Variety Protection Act (7 U.S.C. within the meaning of section 201(s) of the Fed- SEC. 9001. SPECIALTY CROPS MARKET NEWS AL- 2402(a)) is amended by striking ‘‘or tuber propa- eral Food, Drug, and Cosmetic Act (21 U.S.C. LOCATION. gated’’ and inserting ‘‘, tuber propagated, or 321(s)) or the Administrator of the Environ- Section 10107(b) of the Food, Conservation, asexually reproduced’’. mental Protection Agency has determined there and Energy Act of 2008 (7 U.S.C. 1622b(b)) is (c) INFRINGEMENT OF PLANT VARIETY PROTEC- is a reasonable certainty that no harm will re- amended by striking ‘‘2018’’ and inserting TION.—Section 111(a)(3) of the Plant Variety sult from aggregate exposure to the pesticide ‘‘2023’’. Protection Act (7 U.S.C. 2541(a)(3)) is amended chemical residue, including all anticipated die- SEC. 9002. FARMERS’ MARKET AND LOCAL FOOD by inserting ‘‘or asexually’’ after ‘‘sexually’’. PROMOTION PROGRAM. tary exposures and all other exposures for (d) FALSE MARKETING; CEASE AND DESIST OR- Section 6(g) of the Farmer-to-Consumer Direct which there is reliable information, convene a DERS.—Section 128(a) of the Plant Variety Pro- Marketing Act of 1976 (7 U.S.C. 3005(g)) is task force to consult with the Commissioner or tection Act (7 U.S.C. 2568(a)) is amended, in the amended— Administrator (or the designees thereof), as ap- (1) in paragraph (3), by striking ‘‘this section’’ matter preceding paragraph (1), by inserting ‘‘or plicable, to determine if such substance should and all that follows through ‘‘2018.’’ and insert- asexually’’ after ‘‘sexually’’. be included in the National List.’’. ing the following: ‘‘this section— SEC. 9006. ORGANIC PROGRAMS. (e) RECORDKEEPING, INVESTIGATION, AND EN- ‘‘(A) $10,000,000 for each of fiscal years 2014 (a) ADDITIONAL ACCREDITATION AUTHORITY.— FORCEMENT.— through 2018; and Section 2115 of the Organic Foods Production (1) COLLABORATIVE INVESTIGATIONS AND EN- ‘‘(B) $30,000,000 for each of fiscal years 2019 Act of 1990 (7 U.S.C. 6514) is amended— FORCEMENT.—Section 2120 of the Organic Foods through 2023.’’; (1) by redesignating subsection (c) as sub- Production Act of 1990 (7 U.S.C. 6519) is amend- (2) by striking paragraph (2); and section (d); and ed by adding at the end the following new sub- (3) by redesignating paragraphs (3), (4), (5), (2) by inserting after subsection (b) the fol- section: and (6) as paragraphs (2), (3), (4), and (5), re- lowing new subsection: ‘‘(d) COLLABORATIVE INVESTIGATIONS AND EN- spectively. ‘‘(c) SATELLITE OFFICES AND OVERSEAS OPER- FORCEMENT.— SEC. 9003. FOOD SAFETY EDUCATION INITIA- ATIONS.—The Secretary— ‘‘(1) INFORMATION SHARING DURING ACTIVE IN- TIVES. ‘‘(1) has oversight and approval authority VESTIGATION.—In carrying out this title, all par- Section 10105(c) of the Food, Conservation, with respect to a certifying agent accredited ties to an active investigation (including certi- and Energy Act of 2008 (7 U.S.C. 7655a(c)) is under this section who is operating as a certifying agents, State organic certification pro- amended by striking ‘‘2018’’ and inserting fying agent in a foreign country for the purpose grams, and the national organic program) may ‘‘2023’’. of certifying a farm or handling operation in share confidential business information with SEC. 9004. SPECIALTY CROP BLOCK GRANTS. such foreign country as a certified organic farm Federal and State government officers and em- Section 101 of the Specialty Crops Competi- or handling operation; and ployees and certifying agents involved in the in- tiveness Act of 2004 (7 U.S.C. 1621 note; Public ‘‘(2) shall require that each certifying agent vestigation as necessary to fully investigate and Law 108–465) is amended— that intends to operate in any foreign country enforce potential violations of this title.

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‘‘(2) ACCESS TO DATA DOCUMENTATION SYS- ‘‘(4) AVAILABILITY.—The amounts made avail- (2) in subparagraph (B)— TEMS.—The Secretary shall have access to available under paragraph (3) are in addition to any (A) in the first sentence, by inserting ‘‘and able data from cross-border documentation sys- other funds made available for the purposes each State lead agency’’ after ‘‘Agriculture’’; tems administered by other Federal agencies, in- specified in such paragraph and shall remain (B) by striking the second sentence and insert- cluding— available until expended.’’. ing the following: ‘‘If the Secretary or any State ‘‘(A) the Automated Commercial Environment (i) ORGANIC PRODUCTION AND MARKET DATA lead agency comments in writing to the Admin- system of U.S. Customs and Border Protection; INITIATIVES.—Section 7407(d) of the Farm Secu- istrator regarding any such regulation within 15 and rity and Rural Investment Act of 2002 (7 U.S.C. days after receiving the copy of the regulation, ‘‘(B) the Phytosanitary Certificate Issuance 5925c(d)) is amended— the Administrator shall publish in the Federal and Tracking system of the Animal and Plant (1) by striking paragraphs (1) and (2) and in- Register (with the final regulation) the com- Health Inspection Service. serting the following new paragraph: ments of the Secretary or State lead agency, if ‘‘(3) ADDITIONAL DOCUMENTATION AND ‘‘(1) MANDATORY FUNDING FOR FISCAL YEAR requested by the Secretary or State lead agency, VERIFICATION.—The Secretary, acting through 2019.—Of the funds of the Commodity Credit Cor- and the response of the Administrator to the the Deputy Administrator of the national or- poration, the Secretary shall use to carry out comments.’’; and ganic program under this title, has the author- this section $5,000,000 for fiscal year 2019, to re- (C) in the third sentence, by inserting ‘‘or any ity, and shall grant an accredited certifying main available until expended.’’; State lead agency’’ after ‘‘Secretary’’; and agent the authority, to require producers and (2) in paragraph (3)— (3) in subparagraph (C), by inserting before handlers to provide additional documentation or (A) by striking ‘‘paragraphs (1) and (2)’’ and the period at the end the following: ‘‘, in con- verification before granting certification under inserting ‘‘paragraph (1)’’; and sultation with the State lead agencies’’. (B) by striking ‘‘2018’’ and inserting ‘‘2023’’; section 2104, in the case of a known area of risk PART II—PESTICIDE REGISTRATION AND and or when there is a specific area of concern, with USE respect to meeting the national standards for or- (3) by redesignating paragraph (3), as so ganic production established under section 2105, amended, as paragraph (2). SEC. 9111. REGISTRATION OF PESTICIDES. as determined by the Secretary or the certifying Subtitle B—Regulatory Reform (a) APPROVAL OF REGISTRATION.—Section 3(c)(5) of the Federal Insecticide, Fungicide, agent.’’. PART I—STATE LEAD AGENCIES UNDER and Rodenticide Act (7 U.S.C. 136a(c)(5)) is (2) MODIFICATION OF REGULATIONS ON EXCLU- FEDERAL INSECTICIDE, FUNGICIDE, amended— SIONS FROM CERTIFICATION.—Not later than 1 AND RODENTICIDE ACT year after the date of the enactment of this Act, (1) by redesignating subparagraphs (A) SEC. 9101. RECOGNITION AND ROLE OF STATE through (D) as clauses (i) through (iv), respec- the Secretary of Agriculture shall issue regula- LEAD AGENCIES. tions to limit the type of operations that are ex- tively and moving the margins of such clauses (a) STATE LEAD AGENCY DEFINED.—Section (as so redesignated) 2 ems to the right; cluded from certification under section 205.101 2(aa) of the Federal Insecticide, Fungicide, and of title 7, Code of Federal Regulations (or a suc- (2) by striking ‘‘REGISTRATION.—The Adminis- Rodenticide Act (7 U.S.C. 136(aa)) is amended— trator’’ and inserting the following: ‘‘REGISTRA- cessor regulation). (1) by striking ‘‘(aa) STATE.—The term’’ and EPORTING REQUIREMENT.—Section 2122 of TION.— (f) R inserting the following: the Organic Foods Production Act of 1990 (7 ‘‘(A) IN GENERAL.—The Administrator;’’; ‘‘(aa) STATE; STATE LEAD AGENCY.— (3) in clause (iii), as so redesignated, by strik- U.S.C. 6521) is amended by adding at the end ‘‘(1) STATE.—The term’’; and ing ‘‘; and’’ at the end and inserting a semi- the following new subsection: (2) by adding at the end the following: colon; ‘‘(c) REPORTING REQUIREMENT.—Not later ‘‘(2) STATE LEAD AGENCY.—The term ‘State than March 1, 2019, and annually thereafter lead agency’ means a statewide department, (4) in clause (iv), as so redesignated, by strik- through March 1, 2023, the Secretary shall sub- agency, board, bureau, or other entity in a State ing the period at the end and inserting ‘‘; and’’; mit to Congress a report describing national or- that is authorized to regulate, in a manner con- (5) in the matter following clause (iv), as so ganic program activities with respect to all do- sistent with section 24(a), the sale or use of any redesignated, by striking ‘‘The Administrator mestic and overseas investigations and compli- federally registered pesticide or device in such shall not make any lack’’ and all that follows ance actions taken pursuant to this title during State.’’. through ‘‘for use of the pesticide in such the preceding year.’’. (b) UNIFORM REGULATION OF PESTICIDES.— State.’’; (g) AUTHORIZATION OF APPROPRIATIONS FOR (1) COOPERATION WITH AND ROLE OF STATE (6) in subparagraph (A), as amended, by add- NATIONAL ORGANIC PROGRAM.—Subsection (b) LEAD AGENCY.—Section 22(b) of the Federal In- ing at the end the following new clause: of section 2123 of the Organic Foods Production secticide, Fungicide, and Rodenticide Act (7 ‘‘(v) when used in accordance with wide- Act of 1990 (7 U.S.C. 6522) is amended to read as U.S.C. 136t(b)) is amended by inserting before spread and commonly recognized practice it is follows: the period at the end the following: ‘‘promul- not likely to jeopardize the survival of a feder- ‘‘(b) NATIONAL ORGANIC PROGRAM.—Notwith- gated by the Administrator or, when authorized ally listed threatened or endangered species or standing any other provision of law, in order to pursuant to a cooperative agreement entered directly or indirectly alter, in a manner that is carry out activities under the national organic into under section 23(a)(1), by a State lead likely to appreciably diminish its value, critical program established under this title, there are agency for a State’’. habitat for both the survival and recovery of authorized to be appropriated— (2) AUTHORITY TO ESTABLISH AND MAINTAIN such species.’’; and ‘‘(1) $15,000,000 for fiscal year 2018; UNIFORM REGULATIONS.—Section 23(a)(1) of the (7) by adding at the end the following new ‘‘(2) $16,500,000 for fiscal year 2019; Federal Insecticide, Fungicide, and Rodenticide subparagraphs: ‘‘(3) $18,000,000 for fiscal year 2020; ‘‘(B) PRINCIPLES TO BE APPLIED TO CERTAIN ‘‘(4) $20,000,000 for fiscal year 2021; Act (7 U.S.C. 136u(a)(1)) is amended by inserting after ‘‘enforcement of this Act,’’ the following: DETERMINATIONS.—In determining whether the ‘‘(5) $22,000,000 for fiscal year 2022; and condition specified in subparagraph (A)(v) is ‘‘(6) $24,000,000 for fiscal year 2023.’’. ‘‘to authorize the State or Indian Tribe to estab- met, the Administrator shall take into account (h) INTERNATIONAL TRADE TECHNOLOGY SYS- lish and maintain uniform regulation of pes- the best scientific and commercial information TEMS AND DATA COLLECTION.—Subsection (c) of ticides within the State or for the Indian section 2123 of the Organic Foods Production Tribe,’’. and data available, and shall consider all direc- Act of 1990 (7 U.S.C. 6522) is amended to read as (3) CONDITION ON MORE RESTRICTIVE REGULA- tions for use and restrictions on use specified by follows: TION.—Section 24(a) of the Federal Insecticide, the registration. In making such determination, ‘‘(c) MODERNIZATION AND IMPROVEMENT OF Fungicide, and Rodenticide Act (7 U.S.C. the Administrator shall use an economical and INTERNATIONAL TRADE TECHNOLOGY SYSTEMS 136v(a)) is amended by striking ‘‘A State may’’ effective screening process that includes higher- AND DATA COLLECTION.— and inserting ‘‘A State, but not a political sub- tiered probabilistic ecological risk assessments, ‘‘(1) IN GENERAL.—The Secretary shall mod- division of a State, may’’. as appropriate. Notwithstanding any other pro- ernize international trade tracking and data (c) ROLE OF STATE LEAD AGENCIES IN PRO- vision of law, the Administrator shall not be re- collection systems of the national organic pro- MULGATION OF REGULATIONS.—Section 25(a)(2) quired to consult or otherwise communicate with gram. of the Federal Insecticide, Fungicide, and the Secretary of the Interior and the Secretary ‘‘(2) ACTIVITIES.—In carrying out paragraph Rodenticide Act (7 U.S.C. 136w(a)(2)) is amend- of Commerce except to the extent specified in (1), the Secretary shall modernize trade and ed— subparagraphs (C) and (D). transaction certificates to ensure full (1) in subparagraph (A)— ‘‘(C) SPECIES INFORMATION AND DATA.— traceability without unduly hindering trade, (A) in the first sentence, by inserting ‘‘and ‘‘(i) REQUEST.—Not later than 30 days after such as through an electronic trade document each State lead agency’’ after ‘‘Agriculture’’; the Administrator begins any determination exchange system. (B) by striking the second sentence and insert- under subparagraph (A)(v) with respect to the ‘‘(3) FUNDING.—Of the funds of the Com- ing the following: ‘‘If the Secretary or any State registration of a pesticide, the Administrator modity Credit Corporation, the Secretary shall lead agency comments in writing to the Admin- shall request that the Secretary of the Interior make available $5,000,000 for fiscal year 2019 for istrator regarding any such regulation within 30 and the Secretary of Commerce transmit, with the purposes of— days after receiving the copy of the regulation, respect to any federally listed threatened and ‘‘(A) carrying out this subsection; and the Administrator shall publish in the Federal endangered species involved in such determina- ‘‘(B) maintaining the database and tech- Register (with the proposed regulation) all such tion, the Secretaries’ best available and authori- nology upgrades previously carried out under comments and the response of the Administrator tative information and data on— this subsection, as in effect on the day before to the comments.’’; and ‘‘(I) the location, life history, habitat needs, the date of the enactment of the Agriculture and (C) in the third sentence, by inserting ‘‘or any distribution, threats, population trends and con- Nutrition Act of 2018. State lead agency’’ after ‘‘Secretary’’; servation needs of such species; and

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00134 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4115 ‘‘(II) relevant physical and biological features fore ‘‘. An applicant seeking conditional reg- minations required by clause (v) of section of designated critical habitat for such species. istration’’; and 3(c)(5)(A) of the Federal Insecticide, Fungicide, ‘‘(ii) TRANSMISSION OF DATA.—After receiving (2) in subparagraph (B), by inserting ‘‘and it and Rodenticide Act (7 U.S.C. 136a(c)(5)(A)), as a request under clause (i), the Secretary of the is not likely to jeopardize the survival of a fed- added by section 9111(a), and implementing and Interior and the Secretary of Commerce shall erally listed threatened or endangered species or enforcing standards of registration consistent transmit the information described in such directly or indirectly appreciably diminish the with such clause and consistent with registra- clause to the Administrator on a timely basis, value of critical habitat for both the survival tion reviews and other periodic reviews. unless the Secretary of the Interior and the Sec- and recovery of the listed species’’ before ‘‘. Not- SEC. 9117. USE OF AUTHORIZED PESTICIDES. retary of Commerce have made such information withstanding the foregoing provisions’’. Section 3(f) of the Federal Insecticide, Fun- available through a web-based platform that is (c) REGISTRATION REVIEW.—Section 3(g)(1)(A) gicide, and Rodenticide Act (7 U.S.C. 136a(f)) is updated on at least a quarterly basis. of the Federal Insecticide, Fungicide, and amended by adding at the end the following: ‘‘(iii) FAILURE TO TRANSMIT DATA.—The fail- Rodenticide Act (7 U.S.C. 136a(g)(1)(A)) is ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Except ure of the Secretary of the Interior or the Sec- amended by adding at the end the following as provided in section 402(s) of the Federal retary of Commerce to provide information to new clause: Water Pollution Control Act, the Administrator the Administrator under clause (ii) shall not ‘‘(vi) ENSURING PROTECTION OF SPECIES AND or a State may not require a permit under such constitute grounds for extending any deadline HABITAT.—The Administrator shall complete the Act for a discharge from a point source into for action under section 33(f). determination required under subsection navigable waters of a pesticide authorized for ‘‘(D) CONSULTATION.— (c)(5)(A)(v) for an active ingredient consistent sale, distribution, or use under this Act, or the ‘‘(i) IN GENERAL.—At the request of an appli- with the periodic review of registrations under residue of such a pesticide, resulting from the cant, the Administrator shall request consulta- clauses (ii) and (iii) in accordance with the fol- application of such pesticide.’’. tion with the Secretary of the Interior and the lowing schedule: SEC. 9118. DISCHARGES OF PESTICIDES. Secretary of Commerce. ‘‘(I) With respect to any active ingredient first Section 402 of the Federal Water Pollution ‘‘(ii) REQUIREMENTS.—With respect to a con- registered on or before October 1, 2007, not later Control Act (33 U.S.C. 1342) is amended by add- sultation under this subparagraph, the Adminis- than October 1, 2026. ing at the end the following: trator and the Secretary of the Interior and the ‘‘(II) With respect to any active ingredient ‘‘(s) DISCHARGES OF PESTICIDES.— Secretary of Commerce shall comply with sub- first registered between October 1, 2007, and the ‘‘(1) NO PERMIT REQUIREMENT.—Except as part D of part 402 of title 50, Code of Federal day before the date of the enactment of this provided in paragraph (2), a permit shall not be Regulations (commonly known as the Joint clause, not later than October 1, 2033. required by the Administrator or a State under Counterpart Endangered Species Act Section 7 ‘‘(III) With respect to any active ingredient this Act for a discharge from a point source into Consultation), or successor regulations. first registered on or after the date of the enact- navigable waters of a pesticide authorized for ‘‘(E) FAILURE TO CONSULT.— ment of this clause, not later than 48 months sale, distribution, or use under the Federal In- ‘‘(i) NOT ACTIONABLE.—Notwithstanding any after the effective date of registration.’’. secticide, Fungicide, and Rodenticide Act, or the other provision of law, beginning on the date of SEC. 9112. EXPERIMENTAL USE PERMITS. residue of such a pesticide, resulting from the the enactment of this subparagraph, the failure Section 5(a) of the Federal Insecticide, Fun- application of such pesticide. of the Administrator to consult with the Sec- gicide, and Rodenticide Act (7 U.S.C. 136c(a)) is ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not retary of the Interior and the Secretary of Com- amended by inserting ‘‘and that the issuance of apply to the following discharges of a pesticide merce, except as provided by this section, is not such a permit is not likely to jeopardize the sur- or pesticide residue: actionable in any Federal court. vival of a federally listed threatened or endan- ‘‘(A) A discharge resulting from the applica- ‘‘(ii) REMEDY.—In any action pending in Fed- gered species or diminish the value of critical tion of a pesticide in violation of a provision of eral court on the date of the enactment of this habitat for both the survival and recovery of the the Federal Insecticide, Fungicide, and subparagraph or any action brought in Federal listed species’’ after ‘‘section 3 of this Act’’. Rodenticide Act that is relevant to protecting court after such date, with respect to the Ad- SEC. 9113. ADMINISTRATIVE REVIEW; SUSPEN- water quality, if— ministrator’s failure to consult with the Sec- SION. ‘‘(i) the discharge would not have occurred retary of the Interior and the Secretary of Com- Section 6(b) of the Federal Insecticide, Fun- but for the violation; or merce, the sole and exclusive remedy for any gicide, and Rodenticide Act (7 U.S.C. 136d(b)) is ‘‘(ii) the amount of pesticide or pesticide res- such action, other than as otherwise specified in amended by inserting ‘‘or does not meet the cri- idue in the discharge is greater than would have this Act, shall be scheduling the determinations teria specified in section 3(c)(5)(A)(v)’’ after occurred without the violation. ‘‘(B) Stormwater discharges subject to regula- required by section 3(c)(5)(E) for an active in- ‘‘adverse effects on the environment’’. gredient consistent with the periodic review of tion under subsection (p). registrations established by this section. SEC. 9114. UNLAWFUL ACTS. ‘‘(C) The following discharges subject to regu- ‘‘(F) ESSENTIALITY AND EFFICACY.—The Ad- Section 12 of the Federal Insecticide, Fun- lation under this section: ministrator shall not make any lack of essen- gicide, and Rodenticide Act (7 U.S.C. 136j) is ‘‘(i) Manufacturing or industrial effluent. tiality a criterion for denying registration of amended by adding at the end the following ‘‘(ii) Treatment works effluent. any pesticide. Where two pesticides meet the renew subsection: ‘‘(iii) Discharges incidental to the normal op- quirements of this paragraph, one should not be ‘‘(c) LAWFUL USE OF PESTICIDE RESULTING IN eration of a vessel, including a discharge result- registered in preference to the other. In consid- INCIDENTAL TAKING OF CERTAIN SPECIES.—If the ing from ballasting operations or vessel bio- ering an application for the registration of a Administrator determines, with respect to a pes- fouling prevention.’’. pesticide, the Administrator may waive data re- ticide that is registered under this Act, that the SEC. 9119. ENACTMENT OF PESTICIDE REGISTRA- quirements pertaining to efficacy, in which pesticide meets the criteria specified in section TION IMPROVEMENT ENHANCEMENT ACT OF 2017. event the Administrator may register the pes- 3(c)(5)(A)(v), any taking of a federally listed H.R. 1029 of the 115th Congress, entitled the ticide without determining that the pesticide’s threatened or endangered species that is inci- ‘‘Pesticide Registration Improvement Enhance- composition is such as to warrant proposed dental to an otherwise lawful use of such pes- ment Act of 2017’’, as passed by the House of claims of efficacy. If a pesticide is found to be ticide pursuant to this Act shall not be consid- Representatives on March 20, 2017, is hereby en- efficacious by any State under section 24(c), a ered unlawful under— ‘‘(1) section 4(d) of the Endangered Species acted into law. presumption is established that the Adminis- Act of 1973 (16 U.S.C. 1533(d)); or trator shall waive data requirements pertaining PART III—AMENDMENTS TO THE PLANT ‘‘(2) section 9(a)(1)(B) of the Endangered Spe- to efficacy for use of the pesticide in such PROTECTION ACT cies Act of 1973 (16 U.S.C. 1538(a)(1)(B)).’’. State.’’. SEC. 9121. METHYL BROMIDE. (b) REGISTRATION UNDER SPECIAL CIR- SEC. 9115. AUTHORITY OF STATES. Section 419 of the Plant Protection Act (7 CUMSTANCES.—Section 3(c)(7) of the Federal In- Section 24(c) of the Federal Insecticide, Fun- U.S.C. 7719) is amended to read as follows: secticide, Fungicide, and Rodenticide Act (7 gicide, and Rodenticide Act (7 U.S.C. 136v(c)) is ‘‘SEC. 419. METHYL BROMIDE. U.S.C. 136a(c)(7)) is amended— amended— ‘‘(a) AUTHORIZATION.— (1) in subparagraph (A)— (1) in paragraph (2), in the second sentence, ‘‘(1) IN GENERAL.—Subject to paragraphs (2) (A) by inserting ‘‘and when used in accord- by inserting ‘‘and the State registration is not and (3), a State, local, or Tribal authority may ance with widespread and commonly recognized likely to jeopardize the survival of a federally authorize the use of methyl bromide for a quali- practice, it is not likely to jeopardize the sur- listed threatened or endangered species or di- fied use if the authority determines the use is re- vival of a federally listed threatened or endan- rectly or indirectly alter in a manner that is quired to respond to an emergency event. The gered species or appreciably diminish the value likely to appreciably diminish the value of crit- Secretary may authorize such a use if the Sec- of critical habitat for both the survival and re- ical habitat for both the survival and recovery retary determines such a use is required to recovery of the listed species,’’ after ‘‘or differ of the listed species’’ before the period at the spond to an emergency event. only in ways that would not significantly in- end; and ‘‘(2) NOTIFICATION.—Not later than 5 days crease the risk of unreasonable adverse effects (2) by striking paragraph (4). after the date on which a State, local, or Tribal on the environment,’’; and SEC. 9116. REGULATIONS. authority makes the determination described in (B) by inserting ‘‘and it is not likely to jeop- Not later than 180 days after the date of the paragraph (1), the State, local, or Tribal author- ardize the survival of a federally listed threat- enactment of this Act, the Administrator of the ity intending to authorize the use of methyl bro- ened or endangered species or appreciably di- Environmental Protection Agency shall publish, mide for a qualified use shall submit to the Sec- minish the value of critical habitat for both the and revise thereafter as appropriate, a work retary a notification that contains the informa- survival and recovery of the listed species’’ be- plan and processes for completing the deter- tion described in subsection (b).

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‘‘(3) OBJECTION.—A State, local, or Tribal au- ‘‘(2) LIMITS ON AGGREGATE AMOUNT.—The ag- (b) CONSULTATION.—The Secretary of Agri- thority may not authorize the use of methyl bro- gregate amount of methyl bromide allowed pur- culture shall prepare the report required by sub- mide under paragraph (1) if the Secretary ob- suant to this section for use in the United States section (a) in consultation with the Adminis- jects to such use under subsection (c) within the in a calendar year shall not exceed the total trator of the Environmental Protection Agency, 5-day period specified in such subsection. amount authorized by the Parties to the Mon- the several States, industry stakeholders, and ‘‘(b) NOTIFICATION CONTENTS.—A notification treal Protocol pursuant to the Montreal Pro- such other stakeholders as the Secretary deter- submitted under subsection (a)(2) by a State, tocol process for critical uses in the United mines necessary. local, or Tribal authority shall contain— States in calendar year 2011. (c) PLANT BIOSTIMULANT DEFINED.—In this ‘‘(1) a certification that the State, local, or ‘‘(f) ENSURING ADEQUATE SUPPLY OF METHYL section, the term ‘‘plant biostimulant’’ means a Tribal authority requires the use of methyl bro- BROMIDE.—Notwithstanding any other provi- substance or micro-organism that, when applied mide to respond to an emergency event; sion of law, it shall not be unlawful for any per- to seeds, plants, or the rhizosphere, stimulates ‘‘(2) a description of the emergency event and son or entity to produce or import methyl bro- natural processes to enhance or benefit nutrient the economic loss that would result from such mide, or otherwise supply methyl bromide from uptake, nutrient efficiency, tolerance to abiotic emergency event; inventories (produced or imported pursuant to stress, or crop quality and yield. ‘‘(3) the identity and contact information for the Clean Air Act for other purposes) in re- SEC. 9202. PECAN MARKETING ORDERS. the responsible individual of the authority; and sponse to an emergency event in accordance Section 8e(a) of the Agricultural Adjustment ‘‘(4) with respect to the qualified use of meth- with subsection (a). Act, reenacted with amendments by the Agricul- yl bromide that is the subject of the notifica- ‘‘(g) EXCLUSIVE AUTHORITY OF THE SEC- tural Marketing Agreement Act of 1937 (7 U.S.C. tion— RETARY.—Nothing in this section shall be con- 608e–1(a)), is amended in the first sentence, by ‘‘(A) the specific location in which the methyl strued to alter or modify the authority of the inserting ‘‘pecans,’’ after ‘‘walnuts,’’. bromide is to be used and the total acreage of Secretary to use methyl bromide for quarantine SEC. 9203. REPORT ON HONEY AND MAPLE such location; and pre-shipment, without limitation, under the SYRUP. ‘‘(B) the identity of the pest or pests to be con- Clean Air Act. Not later than 60 days after the date of the trolled by such use; ‘‘(h) DEFINITIONS.— enactment of this Act, the Secretary of Agri- ‘‘(C) the total volume of methyl bromide to be ‘‘(1) EMERGENCY EVENT.—The term ‘emergency culture shall submit to the Committee on Agri- used; and event’ means a situation— culture of the House of Representatives and the ‘‘(D) the anticipated date of such use. ‘‘(A) that occurs at a location on which a Committee on Agriculture, Nutrition, and For- ‘‘(c) OBJECTION.— plant or commodity is grown or produced or a estry of the Senate a report examining the effect ‘‘(1) IN GENERAL.—The Secretary, not later facility providing for the storage of, or other of the final rule entitled ‘‘Food Labeling: Revi- than 5 days after the receipt of a notification services with respect to, a plant or commodity; sion of the Nutrition and Supplement Facts La- submitted under subsection (a)(2), may object to ‘‘(B) for which the lack of availability of bels’’, published in the Federal Register by the the authorization of the use of methyl bromide methyl bromide for a particular use would result Department of Agriculture on May 27, 2016 (81 under such subsection by a State, local, or Trib- in significant economic loss to the owner, lessee, Fed. Reg. 33742), (providing for updates to the al authority by sending the State, local, or Trib- or operator of such a location or facility or the nutrition facts panel on the labeling of pack- al authority a notification in writing of such ob- owner, grower, or purchaser of such a plant or aged food) has on consumer perception regard- jection that— commodity; and ing the ‘‘added sugar’’ statement required to be ‘‘(C) that, in light of the specific agricultural, ‘‘(A) states the reasons for such objection; and included on such panel by such final rule with meteorological, or other conditions presented, ‘‘(B) specifies any additional information that respect to packaged food in which no sugar is requires the use of methyl bromide to control a the Secretary would require to withdraw the ob- added during processing, including pure honey pest or disease in such location or facility be- jection. and maple syrup. cause there are no technically or economically ‘‘(2) REASONS FOR OBJECTION.—The Secretary TITLE X—CROP INSURANCE may object to an authorization described in feasible alternatives to methyl bromide easily accessible by an entity referred to in subparagraph SEC. 10001. TREATMENT OF FORAGE AND GRAZ- paragraph (1) if the Secretary determines that— ING. ‘‘(A) the notification submitted under sub- (B) at the time and location of the event that— ‘‘(i) are registered under the Federal Insecti- (a) AVAILABILITY OF CATASTROPHIC RISK PRO- section (a)(2) does not— cide, Fungicide, and Rodenticide Act (7 U.S.C. TECTION FOR CROPS AND GRASSES USED FOR ‘‘(i) contain all of the information specified in 136 et seq.) for the intended use or pest to be so GRAZING.—Section 508(b)(1) of the Federal Crop paragraphs (1) through (4) of subsection (b); or Insurance Act (7 U.S.C. 1508(b)(1)) is amended— ‘‘(ii) demonstrate the existence of an emer- controlled; and ‘‘(ii) would adequately control the pest or dis- (1) by striking ‘‘(A) IN GENERAL.—Except as gency event; or ease presented at such location or facility. provided in subparagraph (B), the’’ and insert- ‘‘(B) the qualified use specified in the notifi- ‘‘(2) PEST.—The term ‘pest’ has the meaning ing ‘‘The’’; and cation does not comply with the limitations given such term in section 2 of the Federal In- (2) by striking subparagraph (B). specified in subsection (e). secticide, Fungicide, and Rodenticide Act (7 (b) LIMITATION ON MULTIPLE BENEFITS FOR ‘‘(3) WITHDRAWAL OF OBJECTION.—The Sec- U.S.C. 136). SAME LOSS.—Section 508(n)(2) of the Federal retary shall withdraw an objection under this ‘‘(3) QUALIFIED USE.—The term ‘qualified use’ Crop Insurance Act (7 U.S.C. 1508(n)(2)) is subsection if— means, with respect to methyl bromide, a methyl amended by inserting before the period the fol- ‘‘(A) not later than 14 days after the date on bromide treatment or application in an amount lowing: ‘‘or to coverage described in section which the Secretary sends the notification not to exceed the limitations specified in sub- 508D’’. under paragraph (1) to the State, local, or Trib- section (e) in response to an emergency event.’’. (c) COVERAGE FOR FORAGE AND GRAZING.— al authority involved, the State, local, or Tribal The Federal Crop Insurance Act is amended by PART IV—AMENDMENTS TO OTHER LAWS authority submits to the Secretary the addi- inserting after section 508C (7 U.S.C. 1508C) the tional information specified in such notification; SEC. 9131. DEFINITION OF RETAIL FACILITIES. following new section: Not later than 180 days of the date of enact- and ‘‘SEC. 508D. COVERAGE FOR FORAGE AND GRAZ- ‘‘(B) such additional information is submitted ment of this Act, the Secretary of Labor shall re- ING. to the satisfaction of the Secretary. vise the process safety management of highly ‘‘Notwithstanding section 508A, and in addi- ‘‘(4) EFFECT OF WITHDRAWAL.—Upon the hazardous chemicals standard under section tion to any other available coverage, for crops issuance of a withdrawal under paragraph (3), 1910.119 of title 29, Code of Federal Regulations, that can be both grazed and mechanically har- the State, local, or Tribal authority involved promulgated pursuant to section 6 of the Occu- vested on the same acres during the same grow- may authorize the use of methyl bromide for the pational Safety and Health Act of 1970 (29 ing season, producers shall be allowed to pur- qualified use specified in the notification sub- U.S.C. 655), to provide that the definition of the chase, and be independently indemnified on, mitted under subsection (a)(2). term ‘‘retail facility’’, when used with respect to separate policies for each intended use, as deter- ‘‘(d) USE FOR EMERGENCY EVENTS CONSISTENT a facility that provides direct sales of highly mined by the Corporation.’’. WITH FIFRA.—The production, distribution, hazardous chemicals to end users or consumers SEC. 10002. ADMINISTRATIVE BASIC FEE. sale, shipment, application, or use of a pesticide (including farmers or ranchers), means a facility Section 508(b)(5)(A) of the Federal Crop Insur- product containing methyl bromide in accord- that is exempt from such standard because such ance Act (7 U.S.C. 1508(b)(5)(A)) is amended by ance with an authorization for a use under sub- facility has obtained more than half of its in- striking ‘‘$300’’ and inserting ‘‘$500’’. come during the most recent 12-month period section (a) shall be deemed an authorized pro- SEC. 10003. PREVENTION OF DUPLICATIVE COV- duction, distribution, sale, shipment, applica- from such direct sales. ERAGE. tion, or use of such product under the Federal Subtitle C—Other Matters (a) IN GENERAL.—Section 508(c)(1) of the Fed- Insecticide, Fungicide, and Rodenticide Act, re- SEC. 9201. REPORT ON REGULATION OF PLANT eral Crop Insurance Act (7 U.S.C. 1508(c)(1)) is gardless of whether the intended use is reg- BIOSTIMULANTS. amended by adding at the end the following istered and included in the label approved for (a) REPORT.—Not later than 1 year after the new subparagraph: the product by the Administrator of the Envi- date of the enactment of this Act, the Secretary ‘‘(C) INELIGIBLE CROPS AND ACRES.—Crops for ronmental Protection Agency under such Act. shall submit a report to the President and Con- which the producer has elected under section ‘‘(e) LIMITATIONS ON USE.— gress that identifies potential regulatory and 1117 of the Agriculture and Nutrition Act of 2018 ‘‘(1) LIMITATIONS ON USE PER EMERGENCY legislative reforms to ensure the expeditious and to receive agriculture risk coverage and acres EVENT.—The amount of methyl bromide that appropriate review, approval, uniform national that are enrolled in the stacked income protec- may be used per emergency event at a specific labeling, and availability of plant biostimulant tion plan under section 508B shall not be eligible location shall not exceed 20 metric tons. products to agricultural producers. for—

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00136 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4117 ‘‘(i) coverage based on an area yield and loss (ii) by striking clause (ii) and inserting the sess the difference in rates, average yields, and basis under paragraph (3)(A)(ii); or following new clauses: coverage levels of grain sorghum policies as com- ‘‘(ii) supplemental coverage under paragraph ‘‘(ii) APPROVAL.—Subject to clause (iii), the pared to other feed grains within a county. (4)(C).’’. Board shall approve the amount of a fee deter- ‘‘(B) REPORT.—Not later than 1 year after the (b) CONFORMING AMENDMENTS.—Section mined under clause (i) unless the Board deter- date of enactment of this paragraph, the Cor- 508(c)(4)(C) of the Federal Crop Insurance Act mines, based on substantial evidence in the poration shall submit to the Committee on Agri- (7 U.S.C. 1508(c)(4)(C)) is amended— record, that the amount of the fee unnecessarily culture of the House of Representatives and the (1) by striking clause (iv); and inhibits the use of the policy. Committee on Agriculture, Nutrition, and For- (2) by redesignating clause (v) as clause (iv). ‘‘(iii) CONSIDERATION.—The Board shall not estry of the Senate a report that describes the SEC. 10004. REPEAL OF UNUSED AUTHORITY. disapprove a fee on the basis of— results of the study conducted under subpara- (a) IN GENERAL.—Section 508(d) of the Federal ‘‘(I) a comparison to maintenance fees paid graph (A). Crop Insurance Act (7 U.S.C. 1508(d)) is amend- with respect to the policy; or ‘‘(12) QUALITY LOSSES.— ed— ‘‘(II) the potential for the fee to result in a fi- ‘‘(A) IN GENERAL.—The Corporation shall (1) by striking paragraph (3); and nancial gain or loss to the applicant based on offer to enter into a contract with a qualified (2) by redesignating paragraph (4) as para- the number of policies sold.’’. entity to conduct research and development re- graph (3). (b) APPLICABILITY.— garding the establishment of an alternative (b) CONFORMING AMENDMENTS.—Section (1) IN GENERAL.—The amendments made by method of adjusting for quality losses that does 508(a)(9)(B) of the Federal Crop Insurance Act this section shall apply to reimbursement re- not impact the average production history of (7 U.S.C. 1508(a)(9)(B)) is amended— quests made on or after October 1, 2016. producers. (1) in clause (i), by inserting ‘‘or’’ after the (2) RESUBMISSION OF DENIED REQUEST.—An ‘‘(B) REQUIREMENTS.—Notwithstanding sub- semicolon; applicant that was denied all or a portion of a sections (g) and (m) of section 508, if the Cor- (2) by striking clause (ii); and reimbursement request under paragraph (1) of poration uses any method developed as a result (3) by redesignating clause (iii) as clause (ii). section 522(b) of the Federal Crop Insurance Act of the contract described in subparagraph (A) to SEC. 10005. CONTINUED AUTHORITY. (7 U.S.C. 1522(b)) during the period between Oc- adjust for quality losses, such method shall be— ‘‘(i) optional for producers to elect to use; and Section 508(g) of the Federal Crop Insurance tober 1, 2016 and the date of the enactment of ‘‘(ii) offered at an actuarially sound premium Act (7 U.S.C. 1508(g)) is amended by adding at this Act shall be given an opportunity to resub- rate.’’. the end the following new paragraph: mit such request. SEC. 10009. EXTENSION OF FUNDING FOR RE- ‘‘(6) CONTINUED AUTHORITY.— SEC. 10008. RESEARCH AND DEVELOPMENT PRI- SEARCH AND DEVELOPMENT. ‘‘(A) IN GENERAL.—The Corporation shall es- ORITIES. Section 522 of the Federal Crop Insurance Act tablish— (a) REPEAL OF CERTAIN RESEARCH AND DEVEL- (7 U.S.C. 1522) is amended— ‘‘(i) underwriting rules that limit the decrease OPMENT ACTIVITIES.—Section 522(c) of the Fed- (1) by striking subsection (d); in the actual production history of a producer, eral Crop Insurance Act (7 U.S.C. 1522(c)) is (2) in subsection (e)(2)(A)— at the election of the producer, to not more than amended— (A) by striking ‘‘under subsections (c) and 10 percent of the actual production history of (1) by striking paragraphs (7) through (18); (d)’’ and inserting ‘‘under subsection (c)’’ ; and the previous crop year provided that the produc- (2) by striking paragraphs (20) through (23); (B) by striking ‘‘not more than $12,500,000 for tion decline was the result of drought, flood, and fiscal year 2008 and each subsequent fiscal natural disaster, or other insurable loss (as de- (3) by redesignating paragraphs (19) and (24) year.’’ and inserting the following: ‘‘not more termined by the Corporation); and as paragraphs (7) and (8), respectively. than— ‘‘(ii) actuarially sound premiums to cover ad- (b) WHOLE FARM APPLICATION TO BEGINNING ‘‘(i) $12,500,000 for fiscal year 2008 through ditional risk. FARMERS AND RANCHERS.—Paragraph (7) of sec- 2018; and’’; and ‘‘(B) OTHER AUTHORITY.—The authority pro- tion 522(c) of the Federal Crop Insurance Act (7 (C) by adding at the end the following: vided under subparagraph (A) is in addition to U.S.C. 1522(c)), as redesignated by subsection ‘‘(ii) $8,000,000 for fiscal year 2019 and each any other authority that adjusts the actual pro- (a), is amended by adding at the end the fol- fiscal year thereafter.’’; and (3) by redesignating subsection (e), as so duction history of the producer under this Act. lowing new subparagraph: amended, as subsection (d). ‘‘(C) EFFECT.—Nothing in this paragraph ‘‘(E) BEGINNING FARMER OR RANCHER DE- SEC. 10010. EDUCATION AND RISK MANAGEMENT shall be construed to require a change in the FINED.—Notwithstanding section 502(b)(3), with ASSISTANCE. carrying out of any provision of this Act as the respect to plans described under this paragraph, Section 524 of the Federal Crop Insurance Act Act was carried out for the 2018 reinsurance the term ‘beginning farmer or rancher’ means a (7 U.S.C. 1524) is amended to read as follows: year.’’. farmer or rancher who has not actively operated ‘‘SEC. 524. EDUCATION AND RISK MANAGEMENT SEC. 10006. PROGRAM ADMINISTRATION. and managed a farm or ranch with a bona fide ASSISTANCE. insurable interest in a crop or livestock as an Section 516(b)(2)(C)(i) of the Federal Crop In- ‘‘(a) EDUCATION ASSISTANCE.—Subject to the surance Act (7 U.S.C. 1516(b)(2)(C)(i)) is amend- owner-operator, landlord, tenant, or share- amounts made available under subsection (d), ed by striking ‘‘$9,000,000’’ and inserting cropper for more than 10 crop years.’’. the Secretary, acting through the National In- ‘‘$7,000,000’’. (c) RESEARCH AND DEVELOPMENT PRIOR- stitute of Food and Agriculture, shall carry out SEC. 10007. MAINTENANCE OF POLICIES. ITIES.—Section 522(c) of the Federal Crop Insur- the program established under subsection (b). (a) Section 522(b) of the Federal Crop Insur- ance Act (7 U.S.C. 1522(c)) as amended by sub- ‘‘(b) PARTNERSHIPS FOR RISK MANAGEMENT ance Act (7 U.S.C. 1522(b)) is amended— section (a), is further amended by adding at the EDUCATION.— (1) in paragraph (1), by amending subpara- end the following new paragraphs: ‘‘(1) AUTHORITY.—The Secretary, acting graph (B) to read as follows: ‘‘(9) TROPICAL STORM OR HURRICANE INSUR- through the National Institute of Food and Ag- ‘‘(B) REIMBURSEMENT.— ANCE.— riculture, shall establish a program under which ‘‘(i) IN GENERAL.—An applicant who submits a ‘‘(A) IN GENERAL.—The Corporation shall competitive grants are made to qualified public policy under section 508(h) shall be eligible for offer to enter into 1 or more contracts with and private entities (including land-grant col- the reimbursement of reasonable and actual re- qualified entities to carry out research and de- leges, cooperative extension services, and col- search and development costs directly related to velopment regarding a policy to insure crops, in- leges or universities), as determined by the Sec- the policy if the policy is approved by the Board cluding tomatoes, peppers, and citrus, against retary, for the purpose of educating agricultural for sale to producers. losses due to a tropical storm or hurricane. producers about the full range of risk manage- ‘‘(ii) REASONABLE COSTS.—For the purpose of ‘‘(B) RESEARCH AND DEVELOPMENT.—Research ment activities, including futures, options, agri- reimbursing research and development and and development with respect to the policy re- cultural trade options, crop insurance, cash for- maintenance costs under this section, costs of quired under subparagraph (A) shall— ward contracting, debt reduction, production di- the applicant shall be considered reasonable ‘‘(i) evaluate the effectiveness of a risk man- versification, farm resources risk reduction, and actual costs if the costs are based on— agement tool for a low frequency, catastrophic farm financial benchmarking, and other risk ‘‘(I) wage rates equal to 2 times the hourly loss weather event; and management strategies. wage rate plus benefits, as provided by the Bu- ‘‘(ii) provide protection for production or rev- ‘‘(2) BASIS FOR GRANTS.—A grant under this reau of Labor Statistics for the year in which enue losses, or both. subsection shall be awarded on the basis of such costs are incurred, calculated using the ‘‘(10) SUBSURFACE IRRIGATION PRACTICES.— merit and shall be subject to peer or merit re- formula applied to an applicant by the Corpora- The Corporation shall offer to enter into a con- view. tion in reviewing proposed project budgets tract with a qualified entity to conduct research ‘‘(3) OBLIGATION PERIOD.—Funds for a grant under this section on October 1, 2016; or and development regarding the creation of a under this subsection shall be available to the ‘‘(II) actual documented costs incurred by the separate practice for subsurface irrigation, in- Secretary for obligation for a 2-year period. applicant.’’; and cluding the establishment of a separate transi- ‘‘(4) ADMINISTRATIVE COSTS.—The Secretary (2) in paragraph (4)— tional yield within the county that is reflective may use not more than 4 percent of the funds (A) in subparagraph (C), by striking ‘‘ap- of the average gain in productivity and yield as- made available for grants under this subsection proved insurance provider’’ and inserting ‘‘ap- sociated with the installation of a subsurface ir- for administrative costs incurred by the Sec- plicant’’; and rigation system. retary in carrying out this subsection. (B) in subparagraph (D)— ‘‘(11) STUDY AND REPORT ON GRAIN SORGHUM ‘‘(c) REQUIREMENTS.—In carrying out the pro- (i) in clause (i), by striking ‘‘determined by RATES AND YIELDS.— gram established under subsection (b), the Sec- the approved insurance provider’’ and inserting ‘‘(A) STUDY.—The Corporation shall contract retary shall place special emphasis on risk man- ‘‘determined by the applicant’’; with a qualified entity to conduct a study to as- agement strategies (including farm financial

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00137 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 H4118 CONGRESSIONAL RECORD — HOUSE May 16, 2018 benchmarking), education, and outreach specifi- ‘‘(G) Conducting technology development and the National Animal Disease Preparedness and cally targeted at— enhancing electronic sharing of animal health Response Program, the recipient of such funds ‘‘(1) beginning farmers or ranchers; data for risk analysis between State and Federal shall submit to the Secretary a report that de- ‘‘(2) legal immigrant farmers or ranchers that animal health officials. scribes the purposes and results of the activi- are attempting to become established producers ‘‘(H) Enhancing the development and effec- ties.’’. in the United States; tiveness of animal health technologies to treat (b) NATIONAL ANIMAL HEALTH VACCINE ‘‘(3) socially disadvantaged farmers or ranch- and prevent animal disease, including— BANK.—The Animal Health Protection Act (7 ers; and ‘‘(i) veterinary biologics and diagnostics; U.S.C. 8301 et seq.) is amended by inserting after ‘‘(4) farmers or ranchers that— ‘‘(ii) animal drugs for minor use and minor section 10409B, as added by subsection (a), the ‘‘(A) are preparing to retire; species; and following new section: ‘‘(B) are using transition strategies to help ‘‘(iii) animal medical devices. ‘‘SEC. 10409C. NATIONAL ANIMAL HEALTH VAC- new farmers or ranchers get started; and ‘‘(I) Such other activities as determined ap- ‘‘(C) new or established farmers or ranchers CINE BANK. propriate by the Secretary, in consultation with ‘‘(a) ESTABLISHMENT.—The Secretary shall es- that are converting production and marketing eligible entities specified in subsection (b). systems to pursue new markets. tablish a national vaccine bank (to be known as ‘‘(2) PRIORITIES.—In entering into cooperative ‘‘(d) FUNDING.—From the insurance fund es- the ‘National Animal Health Vaccine Bank’) for agreements or other legal instruments under tablished under section 516(c), there is trans- the benefit of the domestic interests of the subsection (b), the Secretary shall give priority ferred for the partnerships for risk management United States and to help protect the United to applications submitted by— education program established under subsection States agriculture and food system against ter- ‘‘(A) a State department of agriculture or an (b) $5,000,000 for fiscal year 2018 and each sub- rorist attack, major disaster, and other emer- office of the chief animal health official of a sequent fiscal year.’’. gencies. State; or ‘‘(b) ELEMENTS OF VACCINE BANK.—Through TITLE XI—MISCELLANEOUS ‘‘(B) an eligible entity that will carry out pro- the National Animal Health Vaccine Bank, the Subtitle A—Livestock gram activities in a State or region— Secretary shall— SEC. 11101. ANIMAL DISEASE PREPAREDNESS ‘‘(i) in which an animal pest or disease is a ‘‘(1) maintain sufficient quantities of animal AND RESPONSE. Federal concern; or vaccine, antiviral, therapeutic, or diagnostic (a) NATIONAL ANIMAL DISEASE PREPAREDNESS ‘‘(ii) which the Secretary determines has po- products to appropriately and rapidly respond AND RESPONSE PROGRAM.—The Animal Health tential for the spread of an animal pest or dis- to an outbreak of those animal diseases that Protection Act is amended by inserting after sec- ease after taking into consideration— would have the most damaging effect on human tion 10409A (7 U.S.C. 8308A) the following new ‘‘(I) the agricultural industries in the State or health or the United States economy; and section: region; ‘‘(2) leverage, when appropriate, the mecha- ‘‘SEC. 10409B. NATIONAL ANIMAL DISEASE PRE- ‘‘(II) factors contributing to animal disease or nisms and infrastructure that have been devel- PAREDNESS AND RESPONSE PRO- pest in the State or region, such as the climate, oped for the management, storage, and distribu- GRAM. natural resources, and geography of, and native tion of the National Veterinary Stockpile of the ‘‘(a) PROGRAM REQUIRED.—The Secretary and exotic wildlife species and other disease vec- Animal and Plant Health Inspection Service. shall establish a program, to be known as the tors in, the State or region; and ‘‘(c) PRIORITY FOR RESPONSE TO FOOT AND ‘National Animal Disease Preparedness and Re- ‘‘(III) the movement of animals in the State or MOUTH DISEASE.—The Secretary shall prioritize sponse Program’, to address the increasing risk region. the acquisition of sufficient quantities of foot of the introduction and spread of animal pests ‘‘(3) CONSULTATION.—For purposes of setting and mouth disease vaccine, and accompanying and diseases affecting the economic interests of priorities under this subsection, the Secretary diagnostic products, for the National Animal the livestock and related industries of the shall consult with eligible entities specified in Health Vaccine Bank. As part of such United States, including the maintenance and subsection (b). The Federal Advisory Committee prioritization, the Secretary shall consider con- expansion of export markets. Act (5 U.S.C. App.) shall not apply to consulta- tracting with one or more entities that are capa- ‘‘(b) ELIGIBLE ENTITIES.—To carry out the Na- tion carried out under this paragraph. ble of producing foot and mouth disease vaccine tional Animal Disease Preparedness and Re- ‘‘(d) APPLICATION.— and that have surge production capacity of the sponse Program, the Secretary shall offer to ‘‘(1) IN GENERAL.—An eligible entity specified vaccine.’’. enter into cooperative agreements, or other legal in subsection (b) seeking to enter into a coopera- (c) FUNDING.— instruments, with eligible entities, to be selected tive agreement, or other legal instrument, under (1) IN GENERAL.—Section 10417 of the Animal by the Secretary, which may include any of the the National Animal Disease Preparedness and Health Protection Act (7 U.S.C. 8316) is amended following entities, either individually or in com- Response Program shall submit to the Secretary by adding at the end the following new sub- bination: an application containing such information as section: ‘‘(1) A State department of agriculture. the Secretary may require. ‘‘(d) AVAILABILITY OF FUNDS FOR SPECIFIED ‘‘(2) The office of the chief animal health offi- ‘‘(2) NOTIFICATION.—The Secretary shall no- PURPOSES.— cial of a State. tify each applicant of— ‘‘(1) MANDATORY FUNDING.— ‘‘(3) A land-grant college or university or ‘‘(A) the requirements to be imposed on the re- ‘‘(A) FISCAL YEAR 2019.—Of the funds of the NLGCA Institution (as those terms are defined cipient of funds under the Program for auditing Commodity Credit Corporation, the Secretary in section 1404 of the National Agricultural Re- of, and reporting on, the use of such funds; and shall make available for fiscal year 2019 search, Extension, and Teaching Policy Act of ‘‘(B) the criteria to be used to ensure activities $250,000,000 to carry out sections 10409A, 10409B, 1977 (7 U.S.C. 3103)). supported using such funds are based on sound and 10409C, of which— ‘‘(4) A college of veterinary medicine, includ- scientific data or thorough risk assessments. ‘‘(i) $30,000,000 shall be made available to ing a veterinary emergency team at such college. ‘‘(3) NON-FEDERAL CONTRIBUTIONS.—When de- carry out the National Animal Health Labora- ‘‘(5) A State or national livestock producer or- ciding whether to enter into an agreement or tory Network under section 10409A; ganization with direct and significant economic other legal instrument under the Program with ‘‘(ii) $70,000,000 shall be made available to interest in livestock production. an eligible entity described in subsection (b), the carry out the National Animal Disease Pre- ‘‘(6) A State emergency agency. Secretary— paredness and Response Program under section ‘‘(7) A State, national, allied, or regional vet- ‘‘(A) may take into consideration an eligible 10409B; and erinary organization or specialty board recog- entity’s ability to contribute non-Federal funds ‘‘(iii) $150,000,000 shall be made available to nized by the American Veterinary Medical Asso- to carry out such a cooperative agreement or establish and maintain the National Animal ciation. other legal instrument under the Program; and Health Vaccine Bank under section 10409C. ‘‘(8) An Indian Tribe (as defined in section 4 ‘‘(B) shall not require such an entity to make ‘‘(B) SUBSEQUENT FISCAL YEARS.—Of the of the Indian Self-Determination and Education such a contribution. funds of the Commodity Credit Corporation, the Assistance Act (25 U.S.C. 5304)). ‘‘(e) USE OF FUNDS.— Secretary shall make available to carry out sec- ‘‘(9) A Federal agency. ‘‘(1) USE CONSISTENT WITH TERMS OF COOPERA- tions 10409A, 10409B, and 10409C, $50,000,000 for ‘‘(c) ACTIVITIES.— TIVE AGREEMENT.—The recipient of funds under ‘‘(1) PROGRAM ACTIVITIES.—Activities under each of fiscal years 2020 through 2023, of which the National Animal Disease Preparedness and the National Animal Disease Preparedness and not less than $30,000,000 shall be made available Response Program shall include, to the extent Response Program shall use the funds for the for each of those fiscal years to carry out the practicable, the following: purposes and in the manner provided in the co- National Animal Disease Preparedness and Re- ‘‘(A) Enhancing animal pest and disease anal- operative agreement, or other legal instrument, sponse Program under section 10409B. ysis and surveillance. under which the funds are provided. ‘‘(2) ADDITIONAL AUTHORIZATION OF APPRO- ‘‘(B) Expanding outreach and education. ‘‘(2) SUB-AGREEMENT.—Nothing in this section PRIATIONS.—In addition to the funds made ‘‘(C) Targeting domestic inspection activities prevents an eligible entity from using funds re- available under subparagraphs (A)(i) and (B) of at vulnerable points in the safeguarding con- ceived under the Program to enter into subparagraph (1) and funds authorized to be ap- tinuum. agreements with political subdivisions of State propriated by subsection (a), there are author- ‘‘(D) Enhancing and strengthening threat that have legal responsibilities relating to ani- ized to be appropriated $15,000,000 for each of identification and technology. mal disease prevention, surveillance, or rapid fiscal years 2019 through 2023 to carry out the ‘‘(E) Improving biosecurity. response. National Animal Health Laboratory Network ‘‘(F) Enhancing emergency preparedness and ‘‘(f) REPORTING REQUIREMENT.—Not later under section 10409A. response capabilities, including training addi- than 90 days after the date of completion of an ‘‘(3) ADMINISTRATIVE COSTS.—Of the funds tional emergency response personnel. activity conducted using funds provided under made available under subparagraphs (A)(i),

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00138 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4119 (A)(ii), and (B) and subparagraph (B) of para- (1) an evaluation of the effectiveness of the ‘‘(vi) Tribal farmers and ranchers; and’’; and graph (1), not more than four percent may be re- outreach conducted by the Food Safety and In- (C) by adding at the end the following new tained by the Secretary to pay administrative spection Service to small and very small estab- subparagraph: costs incurred by the Secretary to carry out the lishments; ‘‘(C) to promote youth outreach.’’; and National Animal Health Laboratory Network (2) an evaluation of the effectiveness of the (2) in subsection (c)— under section 10409A and the National Animal guidance materials and other tools used by the (A) in the matter preceding paragraph (1), by Disease Preparedness and Response Program Food Safety and Inspection Service to assist inserting ‘‘veteran farmers and ranchers, Tribal under section 10409B. Of the funds made avail- small and very small establishments; farmers and ranchers,’’ after ‘‘beginning farmers or ranchers,’’; able under subparagraphs (A)(ii) and (B) to (3) an evaluation of the responsiveness of (B) in paragraph (1), by striking ‘‘or socially carry out the National Animal Disease Pre- Food Safety and Inspection Service personnel to disadvantaged’’ and inserting ‘‘socially dis- inquiries and issues from small and very small paredness and Response Program under section advantaged, veteran, or Tribal’’; and 10409B and (B) of such paragraph, not more establishments; and (C) in paragraph (5), by inserting ‘‘veteran than ten percent may be retained by an eligible (4) recommendations on measures the Food farmers or ranchers, Tribal farmers or ranch- entity to pay administrative costs incurred by Safety and Inspection Service should take to im- ers,’’ after ‘‘beginning farmers or ranchers,’’. the eligible entity to carry out such program. prove regulatory clarity and consistency and (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- ‘‘(4) DURATION OF AVAILABILITY.—Funds ensure all guidance materials and other tools tion 226B(f)(3)(B) of the Department of Agri- made available under this subsection, including take into account small and very small estab- culture Reorganization Act of 1994 (7 U.S.C. any proceeds credited under paragraph (5), lishments. 6934(f)(3)(B)) is amended by striking ‘‘2018’’ and shall remain available until expended. Subtitle B—Beginning, Socially inserting ‘‘2023’’. ‘‘(5) PROCEEDS FROM VACCINE SALES.—Any Disadvantaged, and Veteran Producers (d) OFFICE OF TRIBAL RELATIONS.—Section proceeds of a sale of vaccine or antigen from the 309 of the Federal Crop Insurance Reform and National Animal Health Vaccine Bank shall SEC. 11201. OUTREACH AND ASSISTANCE FOR SO- CIALLY DISADVANTAGED FARMERS Department of Agriculture Reorganization Act be— AND RANCHERS AND VETERAN of 1994 (7 U.S.C. 6921) is amended by striking ‘‘(A) deposited into the Treasury of the United FARMERS AND RANCHERS. ‘‘of the Secretary’’ and inserting ‘‘of Partner- States; and Section 2501(a)(4) of the Food, Agriculture, ships and Public Engagement established under ‘‘(B) credited to the account for the operation Conservation, and Trade Act of 1990 (7 U.S.C. section 226B’’. of the National Animal Health Vaccine Bank. 2279(a)(4)) is amended— SEC. 11203. COMMISSION ON FARM TRANSI- ‘‘(6) LIMITATIONS ON USE OF FUNDS FOR CER- (1) in subparagraph (A)— TIONS—NEEDS FOR 2050. TAIN PURPOSES.—Funds made available under (A) in the heading, by striking ‘‘2018’’ and in- (a) ESTABLISHMENT.—There is established a the National Animal Health Laboratory Net- serting ‘‘2023’’; and commission to be known as the ‘‘Commission on work, the National Animal Disease Prepared- (B) in clause (iii), by striking ‘‘2018’’ and in- Farm Transitions–Needs for 2050’’ (referred to in ness and Response Program, and the National serting ‘‘2023’’; this section as the ‘‘Commission’’). Animal Health Vaccine Bank shall not be used (2) by redesignating subparagraph (E) as sub- (b) STUDY.—The Commission shall conduct a for the construction of a new building or facility paragraph (F); study on issues impacting the transition of agri- or the acquisition or expansion of an existing (3) by inserting after subparagraph (D) the cultural operations from established farmers and building or facility, including site grading and following new subparagraph: ranchers to the next generation of farmers and ranchers, including— improvement and architect fees.’’. ‘‘(E) PRIORITY.—In making grants and enter- (2) CONFORMING AMENDMENTS.— (1) access to, and availability of— ing into contracts and other agreements under (A) quality land and necessary infrastructure; (A) SECTION HEADING.—The heading of section this section, the Secretary shall give priority to 10417 of the Animal Health Protection Act (7 (B) affordable credit; and projects that— (C) adequate risk management tools; U.S.C. 8316) is amended to read as follows: ‘‘(i) deliver agricultural education to youth (2) agricultural asset transfer strategies in use ‘‘SEC. 10417. FUNDING.’’. under the age of 18 in underserved and under- as of the date of the enactment of this Act and (B) OTHER AMENDMENTS.—Section 10417 of the represented communities; improvements to such strategies; Animal Health Protection Act (7 U.S.C. 8316) is ‘‘(ii) provide youth under the age of 18 with (3) incentives that may facilitate agricultural further amended— agricultural employment or volunteer opportuni- asset transfers to the next generation of farmers (i) in subsection (a), by striking ‘‘IN GEN- ties, or both; and and ranchers, including recommendations for ERAL’’ and inserting ‘‘GENERAL AUTHORIZATION ‘‘(iii) demonstrate experience in providing new Federal tax policies to facilitate lifetime OF APPROPRIATIONS’’; and such education or opportunities to socially dis- and estate transfers; (ii) in subsection (c), by striking ‘‘to carry out advantaged youth.’’; and (4) the causes of the failures of such transi- this subtitle’’ and inserting ‘‘pursuant to the (4) in subparagraph (F), as so redesignated, tions, if any; and authorization of appropriations in subsection by striking ‘‘2018’’ and inserting ‘‘2023’’. (5) the status of programs and incentives providing assistance with respect to such transi- (a)’’. SEC. 11202. OFFICE OF PARTNERSHIPS AND PUB- (3) REPEAL OF SEPARATE AUTHORIZATION OF LIC ENGAGEMENT. tions in effect on the date of the enactment of this Act, and opportunities for the revision or NATIONAL ANIMAL HEALTH LABORATORY NET- (a) CHANGING NAME OF OFFICE.— modernization of such programs. WORK.—Section 10409A of the Animal Health (1) IN GENERAL.—Section 226B of the Depart- (c) MEMBERSHIP.— Protection Act (7 U.S.C. 8308A(d)) is amended ment of Agriculture Reorganization Act of 1994 by striking subsection (d). (1) COMPOSITION.—The Commission shall be (7 U.S.C. 6934) is amended— composed of 10 members as follows: SEC. 11102. NATIONAL AQUATIC ANIMAL HEALTH (A) in the section heading, by striking ‘‘advo- (A) 3 members appointed by the Secretary. PLAN. cacy and outreach’’ and inserting ‘‘partner- (B) 3 members appointed by the Committee on Section 11013(d) of the Food, Conservation, ships and public engagement’’; Agriculture, Nutrition, and Forestry of the Sen- and Energy Act of 2008 (7 U.S.C. 8322(d)) is (B) by striking ‘‘Advocacy and Outreach’’ ate. amended by striking ‘‘2018’’ and inserting each place it appears in subsections (a)(2), (C) 3 members appointed by the Committee on ‘‘2023’’. (b)(1), and (d)(4)(B) and inserting ‘‘Partner- Agriculture of the House of Representatives. SEC. 11103. VETERINARY TRAINING. ships and Public Engagement’’; (D) The Chief Economist of the Department of Section 10504 of the Farm Security and Rural (2) REFERENCES.—Beginning on the date of Agriculture. Investment Act of 2002 (7 U.S.C. 8318) is amend- the enactment of this Act, any reference to the (2) FEDERAL GOVERNMENT EMPLOYMENT.—In ed— Office of Advocacy and Outreach established addition to the Chief Economist of the Depart- (1) by inserting ‘‘and veterinary teams, in- under section 226B of the Department of Agri- ment of Agriculture, the membership of the Com- cluding those based at colleges of veterinary culture Reorganization Act of 1994 (7 U.S.C. mission may include 1 or more employees of the medicine,’’ after ‘‘veterinarians’’; and 6934) in any other provision of Federal law shall Department of Agriculture or other Federal (2) by inserting before the period at the end be deemed to be a reference to the Office of agencies. the following: ‘‘and who are capable of pro- Partnerships and Public Engagement. (3) DATE OF APPOINTMENTS.—The appointment of a member of the Commission shall be viding effective services before, during, and (b) INCREASING OUTREACH.—Section 226B of after emergencies’’. the Department of Agriculture Reorganization made not later than 60 days after the date of en- Act of 1994 (7 U.S.C. 6934), as amended by sub- actment of this Act. SEC. 11104. REPORT ON FSIS GUIDANCE AND OUT- (4) TERM; VACANCIES.— section (a), is further amended— REACH TO SMALL MEAT PROC- (A) TERM.—A member shall be appointed for ESSORS. (1) in subsection (b)(1)— the life of the Commission. Not later than one year after the date of the (A) in subparagraph (A), by striking ‘‘and’’ at (B) VACANCIES.—A vacancy on the Commis- enactment of this Act, the Inspector General of the end; sion— the Department of Agriculture shall submit to (B) in subparagraph (B)— (i) shall not affect the powers of the Commis- the Secretary a report on the effectiveness of ex- (i) in clause (ii), by striking ‘‘and’’ at the end; sion; and isting Food Safety and Inspection Service guid- (ii) in clause (iii), by striking the period at the (ii) shall be filled in the same manner as the ance materials and other tools used by small end and inserting ‘‘; and’’; and original appointment was made. and very small establishments, as defined by (iii) by adding at the end the following new (5) INITIAL MEETING.—Not later than 30 days regulations issued by the Food Safety and In- clauses: after the date on which all members of the Com- spection Service, as in effect on such date of en- ‘‘(iv) limited resource producers; mission have been appointed, the Commission actment, including— ‘‘(v) veteran farmers and ranchers; and shall hold the initial meeting of the Commission.

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(d) QUORUM.—A majority of the members of ‘‘(3) identify short-term and long-term inter- (A) Twenty-five percent of such amounts for a the Commission shall constitute a quorum for ests of the Department and provide opportuni- calendar year shall be paid to one or more na- the transaction of business, but a lesser number ties, resources, input, and coordination with tionally recognized associations established for of members may hold hearings. programs and agencies of the Department to the promotion of pima cotton for use in textile (e) CHAIRPERSON.—The Secretary shall ap- youth-serving organizations and school-based and apparel goods. point 1 of the members of the Commission to agricultural education, including the develop- (B) Twenty-five percent of such amounts for a serve as Chairperson of the Commission. ment of internship opportunities; calendar year shall be paid to yarn spinners of (f) REPORT.—Not later than 1 year after the ‘‘(4) share, internally and externally, the ex- pima cotton that produce ring spun cotton date of enactment of this Act, the Commission tent to which active steps are being taken to en- yarns in the United States, to be allocated to shall submit to the President, the Committee on courage collaboration with, and support of, each spinner in an amount that bears the same Agriculture of the House of Representatives, youth-serving organizations and school-based ratio as— and the Committee on Agriculture, Nutrition, agricultural education; (i) the spinner’s production of ring spun cot- and Forestry of the Senate a report containing ‘‘(5) provide information to young farmers ton yarns, measuring less than 83.33 decitex (ex- the results of the study required by subsection concerning the availability of, and eligibility re- ceeding 120 metric number) from pima cotton in (b), including such recommendations as the quirements for, participation in agricultural single and plied form during the previous cal- Commission considers appropriate. programs, with particular emphasis on begin- endar year (as evidenced by an affidavit pro- (g) HEARINGS.—The Commission may hold ning farmer and rancher programs; vided by the spinner that meets the requirements such hearings, meet and act at such times and ‘‘(6) serve as a resource for assisting young of subsection (c)(1)); bears to (ii) the production of the yarns described in places, take such testimony, and receive such farmers in applying for participation in agricul- clause (i) during the previous calendar year for evidence as the Commission considers advisable tural programs; and all spinners who qualify under this subpara- to carry out this section. ‘‘(7) advocate on behalf of young farmers in graph. (h) INFORMATION FROM FEDERAL AGENCIES.— interactions with employees of the Department. ‘‘(c) CONTRACTS AND COOPERATIVE AGREE- (C) Fifty percent of such amounts for a cal- The Commission may secure directly from a Fed- endar year shall be paid to manufacturers who eral agency such information as the Commission MENTS.—For purposes of carrying out the duties under subsection (b), the Agricultural Youth cut and sew cotton shirts in the United States considers necessary to carry out this section. On who certify that they used imported cotton fab- request of the Chairperson of the Commission, Organization Coordinator shall consult with the cooperative extension and the land-grant uni- ric during the previous calendar year, to be allo- the head of the agency shall provide the infor- cated to each such manufacturer in an amount mation to the Commission. versity systems, and may enter into contracts or cooperative agreements with the research cen- that bears the same ratio as— (i) POSTAL SERVICES.—The Commission may (i) the dollar value (excluding duty, shipping, use the United States mail in the same manner ters of the Agricultural Research Service, cooperative extension and the land-grant university and related costs) of imported woven cotton and under the same conditions as other agencies shirting fabric of 80s or higher count and 2-ply systems, non-land-grant colleges of agriculture, of the Federal Government. in warp purchased by the manufacturer during (j) ASSISTANCE FROM SECRETARY.—The Sec- or nonprofit organizations for— ‘‘(1) the conduct of regional research on the the previous calendar year (as evidenced by an retary may provide to the Commission appro- profitability of small farms; affidavit provided by the manufacturer that priate office space and such reasonable adminis- ‘‘(2) the development of educational materials; meets the requirements of subsection (c)(2)) used trative and support services as the Commission ‘‘(3) the conduct of workshops, courses, and in the manufacturing of men’s and boys’ cotton may request. certified vocational training; shirts; bears to (k) COMPENSATION OF MEMBERS.— ‘‘(4) the conduct of mentoring activities; or (ii) the dollar value (excluding duty, shipping, (1) NON-FEDERAL EMPLOYEES.—A member of ‘‘(5) the provision of internship opportuni- and related costs) of the fabric described in the Commission who is not an officer or em- ties.’’. clause (i) purchased during the previous cal- ployee of the Federal Government shall be com- Subtitle C—Textiles endar year by all manufacturers who qualify pensated at a rate equal to the daily equivalent under this subparagraph. of the annual rate of basic pay prescribed for SEC. 11301. REPEAL OF PIMA AGRICULTURE COT- (2) WOOL MANUFACTURERS.—From amounts level IV of the Executive Schedule under section TON TRUST FUND. specified in subsection (e)(2)(B), the Secretary Effective December 31, 2018, the Agricultural 5315 of title 5, United States Code, for each day shall make payments as follows: Act of 2014 (7 U.S.C. 2101 note; Public Law 113– (including travel time) during which the member (A) To each eligible manufacturer under para- 79) is amended by striking section 12314 (and by is engaged in the performance of the duties of graph (3) of section 4002(c) of the Wool Suit and conforming the items relating to such section in the Commission. Textile Trade Extension Act of 2004 (Public Law the table of sections accordingly). (2) FEDERAL EMPLOYEES.—A member of the 108–429; 118 Stat. 2600), as amended by section Commission who is an officer or employee of the SEC. 11302. REPEAL OF AGRICULTURE WOOL AP- 1633(c) of the Miscellaneous Trade and Tech- Federal Government shall serve without com- PAREL MANUFACTURERS TRUST nical Corrections Act of 2006 (Public Law 109– FUND. 280; 120 Stat. 1166) and section 325(b) of the Tax pensation in addition to the compensation re- Effective December 31, 2018, the Agricultural ceived for the services of the member as an offi- Extenders and Alternative Minimum Tax Relief Act of 2014 (7 U.S.C. 2101 note; Public Law 113– Act of 2008 (division C of Public Law 110–343; cer or employee of the Federal Government. 79) is amended by striking section 12315 (and by RAVEL EXPENSES.—A member of the Com- 122 Stat. 3875), and any successor-in-interest to (3) T conforming the items relating to such section in mission shall be allowed travel expenses, includ- such a manufacturer as provided for under the table of sections accordingly). ing per diem in lieu of subsistence, at rates au- paragraph (4) of such section 4002(c), that sub- thorized for an employee of an agency under SEC. 11303. REPEAL OF WOOL RESEARCH AND mits an affidavit in accordance with subsection PROMOTION GRANTS FUNDING. subchapter I of chapter 57 of title 5, United (c)(3) for the year of the payment for calendar Effective December 31, 2018, the Agricultural years 2019 through 2023, payments in amounts States Code, while away from the home or reg- Act of 2014 (7 U.S.C. 2101 note; Public Law 113– ular place of business of the member in the per- authorized under that paragraph. 79) is amended by striking section 12316 (and by (B) To each eligible manufacturer under para- formance of the duties of the Commission. conforming the items relating to such section in EDERAL ADVISORY COMMITTEE ACT.—The graph (6) of such section 4002(c) for calendar (l) F the table of sections accordingly). Federal Advisory Committee Act (5 U.S.C. App.) years 2019 through 2023, payments in amounts shall not apply to the Commission or any pro- SEC. 11304. TEXTILE TRUST FUND. authorized under that paragraph. (a) ESTABLISHMENT.—There is established in ceeding of the Commission. (c) AFFIDAVITS.— the Treasury of the United States a trust fund, (1) YARN SPINNERS.—The affidavit required by SEC. 11204. AGRICULTURAL YOUTH ORGANIZA- to be known as the ‘‘Textile Trust Fund’’, con- subsection (b)(1)(B)(i) for a calendar year is a TION COORDINATOR. sisting of such amounts as may be transferred to notarized affidavit provided by an officer of a Subtitle A of the Department of Agriculture the Textile Trust Fund pursuant to subsection producer of ring spun yarns that affirms— Reorganization Act of 1994 is amended by insert- (e), and to be used for the purposes of— (A) that the producer used pima cotton during ing after section 220 (7 U.S.C. 6920) the fol- (1) reducing the injury to domestic manufac- the year in which the affidavit is filed and dur- lowing new section: turers resulting from tariffs on cotton fabric ing the previous calendar year to produce ring ‘‘SEC. 221. AGRICULTURAL YOUTH ORGANIZATION that are higher than tariffs on certain apparel spun cotton yarns in the United States, meas- COORDINATOR. articles made of cotton fabric; uring less than 83.33 decitex (exceeding 120 met- ‘‘(a) AUTHORIZATION.—The Secretary shall es- (2) reducing the injury to domestic manufac- ric number), in single and plied form; tablish in the Department the position of Agri- turers resulting from tariffs on wool products (B) the quantity, measured in pounds, of ring cultural Youth Organization Coordinator. that are higher than tariffs on certain apparel spun cotton yarns, measuring less than 83.33 ‘‘(b) DUTIES.—The Agricultural Youth Orga- articles made of wool products; and decitex (exceeding 120 metric number), in single nization Coordinator shall— (3) wool research and promotion. and plied form during the previous calendar ‘‘(1) promote the role of youth-serving organi- (b) DISTRIBUTION OF FUNDS.—From amounts year; and zations and school-based agricultural education in the Textile Trust Fund, the Secretary shall (C) that the producer maintains supporting in motivating and preparing young people to make payments annually, beginning in calendar documentation showing the quantity of such pursue careers in the agriculture, food, and nat- year 2019, for each of calendar years 2019 yarns produced, and evidencing the yarns as ural resources systems; through 2023 as follows: ring spun cotton yarns, measuring less than ‘‘(2) work to help build awareness of the reach (1) PIMA COTTON.—From amounts specified in 83.33 decitex (exceeding 120 metric number), in and importance of agriculture, across a diversity subsection (e)(2)(A), the Secretary shall make single and plied form during the previous cal- of fields and disciplines; payments as follows: endar year.

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(2) SHIRTING MANUFACTURERS.— jackets, or trousers and must be imported for the ‘‘(A) IN GENERAL.—Subject to subparagraph (A) IN GENERAL.—The affidavit required by benefit of persons who weave worsted wool fab- (B), in this section, the term ‘eligible crop’ subsection (b)(1)(C)(i) for a calendar year is a ric suitable for use in such clothing in the means each commercial crop or other agricul- notarized affidavit provided by an officer of a United States. tural commodity that is produced for food or manufacturer of men’s and boys’ shirts that af- (D) NO APPEAL OF DETERMINATIONS.—A deter- fiber (except livestock) for which catastrophic firms— mination of the Secretary under this paragraph risk protection under subsection (b) of section (i) that the manufacturer used imported cot- shall be final and not subject to appeal or pro- 508 of the Federal Crop Insurance Act (7 U.S.C. ton fabric during the year in which the affidavit test. 1508) and additional coverage under subsections is filed and during the previous calendar year, (d) TIMING FOR DISTRIBUTIONS.—The Sec- (c) and (h) of such section are not available or, to cut and sew men’s and boys’ woven cotton retary shall make a payment under subsection if such coverage is available, it is only available shirts in the United States; (b) for each of calendar years 2019 through 2023, under a policy that provides coverage for spe- (ii) the dollar value of imported woven cotton not later than April 15 of the year of the pay- cific intervals based on weather indexes or shirting fabric of 80s or higher count and 2-ply ment. under a whole farm plan of insurance.’’. in warp purchased by the manufacturer during (e) FUNDING.— SEC. 11502. SERVICE FEE. the previous calendar year; (1) TRANSFER REQUIRED.—Of the funds of the Section 196(k)(1) of the Federal Agriculture (iii) that the manufacturer maintains invoices Commodity Credit Corporation, the Secretary Improvement and Reform Act of 1996 (7 U.S.C. along with other supporting documentation shall transfer to the Textile Trust Fund 7333(k)(1)) is amended— (such as price lists and other technical descrip- $25,250,000 for each of calendar years 2019 (1) in subparagraph (A), by striking ‘‘$250’’ tions of the fabric qualities) showing the dollar through 2023. and inserting ‘‘$350’’; and value of such fabric purchased, the date of pur- (2) ALLOCATION OF FUNDS.—Of the funds (2) in subparagraph (B)— chase, and evidencing the fabric as woven cot- transferred under paragraph (1) for a calendar (A) by striking ‘‘$750’’ and inserting ‘‘$1,050’’; ton fabric of 80s or higher count and 2-ply in year— and warp; and (A) $8,000,000 shall be available for distribu- (B) by striking ‘‘$1,875’’ and inserting (iv) that the fabric was suitable for use in the tion under subsection (b)(1); ‘‘$2,100’’. manufacturing of men’s and boys’ cotton shirts. (B) $15,000,000 shall be available for distribu- SEC. 11503. PAYMENTS EQUIVALENT TO ADDI- (B) DATE OF PURCHASE.—For purposes of the tion under subsection (b)(2); and TIONAL COVERAGE. affidavit under subparagraph (A), the date of (C) notwithstanding subsection (f) of section (a) PREMIUMS.—Section 196(l)(2)(B)(i) of the purchase shall be the invoice date, and the dol- 506 of the Trade and Development Act of 2000 (7 Federal Agriculture Improvement and Reform lar value shall be determined excluding duty, U.S.C. 7101 note; Public Law 106–200), $2,250,000 Act of 1996 (7 U.S.C. 7333(l)(2)(B)(i)) is amend- shipping, and related costs. shall be available to provide grants described in ed— (3) FILING DATE FOR AFFIDAVITS.—Any person subsection (d) of such section. (1) by striking ‘‘and’’ at the end of subclause required to provide an affidavit under this sec- (3) SHEEP PRODUCTION AND MARKETING.—In (IV); tion shall file the affidavit with the Secretary or addition to funds made available under para- (2) by striking ‘‘or’’ at the end of subclause as directed by the Secretary for any of calendar graph (1), of the funds of the Commodity Credit (V) and inserting ‘‘and’’; and years 2019 through 2023, not later than March Corporation, the Secretary shall use to carry out (3) by adding at the end the following new 15 of that calendar year. section 209 of the Agricultural Marketing Act of subclause: ‘‘(VI) the producer’s share of the crop; or’’. (4) INCREASE IN PAYMENTS TO WOOL MANUFAC- 1946 (7 U.S.C. 1627a), $2,000,000 for fiscal year (b) ADDITIONAL AVAILABILITY OF COVERAGE.— TURERS IN CASE OF EXPIRATION OF DUTY SUSPEN- 2019, to remain available until expended. Section 196(l) of the Federal Agriculture Im- (4) DURATION OF AVAILABILITY.—Amounts SIONS.— provement and Reform Act of 1996 (7 U.S.C. (A) IN GENERAL.—In any calendar year in transferred to the Textile Trust Fund pursuant 7333(l)) is amended— which the suspension of duty on wool products to this subsection shall remain available until (1) by striking paragraph (3); and described in subparagraphs (B) and (C) is not in expended. (2) by redesignating paragraphs (4) and (5) as effect, the amount of any payment described in Subtitle D—United States Grain Standards paragraphs (3) and (4), respectively. subsection (b)(2) to a manufacturer or successor- Act (c) PERIOD OF AVAILABILITY.—Paragraph (4) in-interest shall be increased by an amount the SEC. 11401. RESTORING CERTAIN EXCEPTIONS TO of section 196(l) of the Federal Agriculture Im- Secretary, after consultation with the Secretary UNITED STATES GRAIN STANDARDS provement and Reform Act of 1996 (7 U.S.C. of Commerce, determines is equal to the amount ACT. 7333(l)), as redesignated by subsection (b)(2), is the manufacturer or successor-in-interest would (a) IN GENERAL.—Grain handling facilities de- amended— have saved during the calendar year of the pay- scribed in subsection (b) may, on or before the (1) by striking ‘‘Except as provided in para- ment if the suspension of duty on such wool date that is 180 days after the date of the enact- graph (3)(A), additional’’ and inserting ‘‘Addi- products were in effect. ment of this Act, restore a prior exception with tional’’; and (B) SPECIAL RULE FOR CERTAIN FABRICS OF an official agency designated under the rule en- (2) by striking ‘‘2018’’ and inserting ‘‘2023’’. WORSTED WOOL.— titled ‘‘Exceptions to Geographic Areas for Offi- Subtitle F—Other Matters N GENERAL (i) I .—With respect to fabrics of cial Agencies Under the USGSA’’ published by SEC. 11601. UNDER SECRETARY OF AGRICULTURE worsted wool described in clause (ii), subpara- the Department of Agriculture in the Federal FOR FARM PRODUCTION AND CON- graph (A) shall be applied by substituting ‘‘rate Register on April 18, 2003 (68 Fed. Reg. 19137) SERVATION. of duty on such wool products was 10 percent’’ if— (a) REFERENCES TO FORMER UNDER SEC- for ‘‘suspension of duty on such wool products (1) such grain handling facility and official RETARY OF AGRICULTURE FOR FARM AND FOR- were in effect’’. agency agree to restore such prior exception; EIGN AGRICULTURAL SERVICES.— (ii) FABRICS OF WORSTED WOOL DESCRIBED.— and (1) FOOD AID CONSULTATIVE GROUP.—Section Fabrics of worsted wool described in this para- (2) such grain handling facility notifies the 205(b) of the Food for Peace Act (7 U.S.C. graph are fabrics of worsted wool— Secretary of Agriculture of— 1725(b)) is amended by striking paragraph (2) (I) with average fiber diameters greater than (A) the exception described in paragraph (1); and inserting the following new paragraph: 18.5 micron; and and ‘‘(2) the Under Secretary of Agriculture for (II) containing 85 percent or more by weight (B) the effective date of such exception. Trade and Foreign Agricultural Affairs;’’. of wool. (b) ELIGIBLE GRAIN HANDLING FACILITIES.— (2) OFFICE OF RISK MANAGEMENT.—Section (C) COVERED WOOL PRODUCTS.—Subparagraph Subsection (a) shall apply with respect to grain 226A(d)(1) of the Department of Agriculture Re- (A) applies with respect to the following: handling facilities that were— organization Act of 1994 (7 U.S.C. 6933(d)(1)) is (i) Yarn, of combed wool, not put up for retail (1) granted exceptions pursuant to the rule amended by striking ‘‘Under Secretary of Agri- sale, containing 85 percent or more by weight of specified in subsection (a); and culture for Farm and Foreign Agricultural Serv- wool, formed with wool fibers having average (2) had such exceptions revoked on or after ices’’ and inserting ‘‘Under Secretary of Agri- diameters of 18.5 micron or less. September 30, 2015. culture for Farm Production and Conserva- (ii) Wool fiber, waste, garnetted stock, combed (c) NO UNILATERAL TERMINATION ALLOWED.— tion’’. wool, or wool top, the foregoing having average Beginning on the date of the enactment of this (3) MULTIAGENCY TASK FORCE.—Section fiber diameters of 18.5 micron or less. Act, a nonuse of service exception may only be 242(b)(3) of the Department of Agriculture Reor- (iii) Fabrics of combed wool, containing 85 terminated if two or more parties to such excep- ganization Act of 1994 (7 U.S.C. 6952(b)(3)) is percent or more by weight of wool, with wool tion, including the grain handling facility, are amended by striking ‘‘Under Secretary for Farm yarns of average fiber diameters of 18.5 micron in joint agreement with respect to such termi- and Foreign Agricultural Services’’ and insert- or less, certified by the importer as suitable for nation. ing ‘‘Under Secretary of Agriculture for Trade use in making men’s and boys suits, suit-type and Foreign Agricultural Affairs’’. jackets, or trousers and must be imported for the Subtitle E—Noninsured Crop Disaster (4) INTERAGENCY COMMITTEE ON MINORITY CA- benefit of persons who cut and sew such cloth- Assistance Program REERS IN INTERNATIONAL AFFAIRS.—Section ing in the United States. SEC. 11501. ELIGIBLE CROPS. 625(c)(1)(A) of the Higher Education Act of 1965 (iv) Fabrics of combed wool, containing 85 Section 196(a)(2) of the Federal Agriculture (20 U.S.C. 1131c(c)(1)(A)) is amended by striking percent or more by weight of wool, with wool Improvement and Reform Act of 1996 (7 U.S.C. ‘‘Under Secretary for Farm and Foreign Agri- yarns of average fiber diameters of 18.5 micron 7333(a)(2)) is amended by striking subparagraph cultural Services’’ and inserting ‘‘Under Sec- or less, certified by the importer as suitable for (A) and inserting the following new subpara- retary of Agriculture for Trade and Foreign Ag- use in making men’s and boys suits, suit-type graph: ricultural Affairs’’.

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(b) REFERENCES TO OTHER DESIGNATED DE- SEC. 11605. REPORT ON INCLUSION OF NATURAL ‘‘(g) HIRING AUTHORITY.—Notwithstanding PARTMENT OFFICIALS.— STONE PRODUCTS IN COMMODITY any other provision of law, employees hired to (1) DEFINITIONS UNDER CONSOLIDATED FARM PROMOTION, RESEARCH, AND IN- provide cotton classification services pursuant FORMATION ACT OF 1996. AND RURAL DEVELOPMENT ACT.—Section to this section may work up to 240 calendar Not later than 180 days after the date of the 343(a)(13)(D) of the Agricultural Act of 1961 (7 days in a service year and may be rehired non- enactment of this Act, the Secretary of Agri- U.S.C. 1991(a)(13)(D)) is amended— competitively every year in the same or a suc- culture shall submit to the Committee on Agri- (A) in clause (ii)— cessor position if they meet performance and culture of the House of Representatives a report (i) by inserting ‘‘(or other official designated conduct expectations, as determined by the Sec- examining the effect the establishment of a Nat- by the Secretary)’’ after ‘‘Under Secretary for retary.’’. ural Stone Research and Promotion Board pur- Rural Development’’; and SEC. 11609. CENTURY FARMS PROGRAM. (ii) by inserting ‘‘or designated official’’ after suant to the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7401 et The Secretary shall establish a program under ‘‘Under Secretary’’ each other place it appears; which the Secretary recognizes any farm that— and seq.) would have on the natural stone industry, including how such a program would effect— (1) a State department of agriculture or simi- (B) in clause (iii)— lar statewide agricultural organization recog- (i) by inserting ‘‘(or other official designated (1) research conducted on, and the promotion nizes as a Century Farm; or by the Secretary)’’ after ‘‘Under Secretary for of, natural stone; (2) the development and expansion of domestic (2)(A) is defined as a farm or ranch under sec- Rural Development’’; and tion 4284.902 of title 7, Code of Federal Regula- (ii) in subclauses (III) and (IV), by inserting markets for natural stone; tions (as in effect on the date of enactment of ‘‘or designated official’’ after ‘‘Under Sec- (3) economic activity of the natural stone in- this Act); retary’’ both places it appears. dustry subject to such a Board; (4) economic development in rural areas; and (B) has been in continuous operation for at (2) NATIONAL SHEEP INDUSTRY IMPROVEMENT (5) benefits to consumers in the United States least 100 years; and CENTER.—Section 210(f)(3)(B)(i) of the Agricul- of natural stone products. (C) has been owned by the same family for at tural Marketing Act of 1946 (7 U.S.C. least 100 consecutive years, as verified through 1627b(f)(3)(B)(i)) is amended by inserting ‘‘(or SEC. 11606. SOUTH CAROLINA INCLUSION IN VIR- GINIA/CAROLINA PEANUT PRO- deeds, wills, abstracts, tax statements, or other other official designated by the Secretary of Ag- DUCING REGION. similar legal documents considered appropriate riculture)’’ after ‘‘Under Secretary of Agri- Section 1308(c)(2)(B)(iii) of the Farm Security by the Secretary. culture for Rural Development’’. and Rural Investment Act of 2002 (7 U.S.C. (3) INTERTRIBAL TOURISM DEMONSTRATION SEC. 11610. REPORT ON AGRICULTURAL INNOVA- 7958(c)(2)(B)(iii)) is amended by striking ‘‘Vir- TION. PROJECTS.—Section 6(a)(2)(A) of the Native ginia and North Carolina’’ and inserting ‘‘Vir- (a) IN GENERAL.—Not later than 180 days American Business Development, Trade Pro- ginia, North Carolina, and South Carolina’’. motion, and Tourism Act of 2000 (25 U.S.C. after the date of the enactment of this Act, the SEC. 11607. ESTABLISHMENT OF FOOD LOSS AND Secretary of Agriculture, in consultation with 4305(a)(2)(A)) is amended by inserting ‘‘(or other WASTE REDUCTION LIAISON. official designated by the Secretary of Agri- the Administrator of the Environmental Protec- Subtitle A of the Department of Agriculture tion Agency and the Commissioner of the Food culture)’’ after ‘‘Under Secretary of Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et for Rural Development’’. and Drug Administration, shall prepare and seq.), as amended by section 11204, is further submit a report to the Committee on Agriculture (4) STATE PLANS FOR VOCATIONAL REHABILITA- amended by adding at the end the following: TION SERVICES.—Section 101(a)(11)(C) of the Re- of the House of Representatives and the Com- ‘‘SEC. 222. FOOD LOSS AND WASTE REDUCTION LI- habilitation Act of 1973 (29 U.S.C. 721(a)(11)(C)) mittee on Agriculture, Nutrition, and Forestry AISON. of the Senate on plans for improving the Federal is amended by inserting ‘‘(or other official des- ‘‘(a) ESTABLISHMENT.—The Secretary shall es- ignated by the Secretary of Agriculture)’’ after government’s policies and procedures with re- tablish within the Office of the Secretary a Food spect to gene editing and other precision plant ‘‘Under Secretary for Rural Development of the Loss and Waste Reduction Liaison to coordinate Department of Agriculture’’. breeding methods. Federal programs to measure and reduce the in- (b) CONTENT.—The report under subsection (a) SEC. 11602. AUTHORITY OF SECRETARY TO CARRY cidence of food loss and waste in accordance shall include plans to implement measures de- OUT CERTAIN PROGRAMS UNDER with this section. DEPARTMENT OF AGRICULTURE RE- signed to ensure that— ‘‘(b) DUTIES.—The Food Loss and Waste Re- ORGANIZATION ACT OF 1994. (1) the United States continues to provide a duction Liaison shall— favorable environment for research and develop- Section 296(b)(8) of the Department of Agri- ‘‘(1) coordinate food loss and waste reduction culture Reorganization Act of 1994 (7 U.S.C. ment in precision plant breeding innovation and efforts with other Federal agencies, including maintains its leadership with respect to that in- 7014(b)(8)) is amended by inserting ‘‘, section 772 the Environmental Protection Agency and the of the Agriculture, Rural Development, Food novation; Food and Drug Administration; (2) for plants for which premarket review is and Drug Administration, and Related Agencies ‘‘(2) support and promote Federal programs to required under the Plant Protection Act (7 Appropriations Act, 2018, or the Agriculture and measure and reduce the incidence of food loss U.S.C. 7701 et seq.), the Federal Insecticide, Nutrition Act of 2018’’ before the period at the and waste and increase food recovery; end. ‘‘(3) provide information to, and serve as a re- Fungicide, and Rodenticide Act (7 U.S.C. 136), SEC. 11603. CONFERENCE REPORT REQUIREMENT source for, entities engaged in food loss and or the Federal Food, Drug, and Cosmetic Act, THRESHOLD. waste reduction and food recovery concerning the process for such review is designed— Section 14208(a)(3)(A) of the Food, Conserva- the availability of, and eligibility requirements (A) to minimize regulatory burden while as- tion, and Energy Act of 2008 (7 U.S.C. for, participation in Federal programs; suring protection of public health and welfare; 2255b(a)(3)(A)) is amended by striking ‘‘$10,000’’ ‘‘(4) raise awareness of the liability protec- and and inserting ‘‘$75,000’’. tions afforded under the Bill Emerson Good Sa- (B) to ensure that resources of the Department SEC. 11604. NATIONAL AGRICULTURE IMAGERY maritan Food Donation Act (42 U.S.C. 1791) to of Agriculture are focused on plants with less PROGRAM. persons engaged in food loss and waste reduc- familiar characteristics, more complex risk path- (a) IN GENERAL.—The Secretary of Agri- tion and food recovery; and ways, or both; culture, acting through the Administrator of the ‘‘(5) make recommendations with respect to (3) each agency referred to in subsection (a) Farm Service Agency, shall carry out a national expanding food recovery efforts and reducing recognizes that certain applications of gene edit- agriculture imagery program to annually ac- the incidence of food loss and waste. ing in plants do not warrant such a premarket quire aerial imagery during agricultural grow- ‘‘(c) COOPERATIVE AGREEMENTS.—For pur- review process; ing seasons from the continental United States. poses of carrying out the duties under sub- (4) each agency referred to in subsection (a) (b) DATA.—The aerial imagery acquired under section (b), the Food Loss and Waste Reduction clearly communicates the rationale for the regu- this section shall— Liaison may enter into contracts or cooperative latory policies and decisions of such agency to (1) consist of high resolution processed digital agreements with the research centers of the Re- the public through broadly available and easily imagery; search, Education, and Economics mission area, accessible tools; (2) be made available in a format that can be institutions of higher education (as defined in (5) categories of plants that are familiar and provided to Federal, State, and private sector section 101 of the Higher Education Act of 1965 have a history of safe use be identified and ex- entities; (20 U.S.C. 1001)), or nonprofit organizations empted from such premarket review or be subject (3) be technologically compatible with for— to an expedited, independent premarket review geospatial information technology; and ‘‘(1) the development of educational materials; process for which data requirements are re- (4) be consistent with the standards estab- ‘‘(2) the conduct of workshops and courses; or duced; lished by the Federal Geographic Data Com- ‘‘(3) the conduct of research on best practices (6) regulatory processes of each agency re- mittee. with respect to food loss and waste reduction ferred to in subsection (a) are predictable, effi- (c) SUPPLEMENTAL SATELLITE IMAGERY.—The and food recovery.’’. cient, not duplicative, and designed to accom- Secretary of Agriculture may supplement the SEC. 11608. COTTON CLASSIFICATION SERVICES. modate rapid advances in plant breeding tech- aerial imagery collected under this section with Section 3a of the Act of March 3, 1927 (7 nology; and satellite imagery. U.S.C. 473a), is amended— (7) where Federal law provides for regulatory (d) AUTHORIZATION OF APPROPRIATIONS.— (1) by redesignating subsection (g) as sub- oversight of plant breeding technology by more There is authorized to be appropriated to carry section (h); and than one Federal agency, the relevant Federal out this section $23,000,000 for fiscal year 2019 (2) by inserting after subsection (f) the fol- agencies enter into appropriate interagency and each fiscal year thereafter. lowing new subsection: agreements to shift responsibility for particular

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00142 Fmt 4634 Sfmt 6333 E:\CR\FM\A16MY7.044 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4123 categories of plant products and regulatory ac- SEC. 11702. FEDERAL CAUSE OF ACTION TO CHAL- Mr. Chairman, I bring this amend- tivities for purposes of meeting the goals speci- LENGE STATE REGULATION OF ment, amendment No. 1, to help supple- fied in paragraphs (1) through (6). INTERSTATE COMMERCE. (a) PRIVATE RIGHT OF ACTION.—A person, in- ment some of the good programs that SEC. 11611. REPORT ON DOG IMPORTATION. cluding a producer, transporter, distributer, are already existing within the existing Not later than 180 days after the date of the consumer, laborer, trade association, the Fed- farm bill, and what it does is it allows enactment of this Act, the Secretary of Agri- eral Government, a State government, or a unit drainage districts to also compete for culture, in consultation with the Secretary of of local government, which is affected by a reg- Commerce, the Secretary of Health and Human EQIP money along with the irrigation ulation of a State or unit of local government districts that exist in the country. Services, and the Secretary of Homeland Secu- which regulates any aspect of an agricultural rity, shall submit to the Committee on Agri- I have worked in this arena for a lot product, including any aspect of the method of of my adult life, and there are roughly culture of the House of Representatives and the production, which is sold in interstate com- Committee on Agriculture, Nutrition, and For- merce, or any means or instrumentality through 2,000 drainage districts in the State of estry of the Senate a report that contains the which such an agriculture product is sold in Iowa, but the important part of this is following information, with respect to the im- interstate commerce, may bring an action in the that we are concerned about water portation of dogs into the United States: appropriate court to invalidate such a regula- quality and water management and nu- (1) An estimate of the number of dogs so im- tion and seek damages for economic loss result- trient management, and we have devel- ported each year. ing from such regulation. (2) The number of dogs so imported for resale. oped technology that, when a producer (b) PRELIMINARY INJUNCTION.—Upon a motion goes into a pattern tile system, a (3) The number of dogs for which such impor- of the plaintiff, the court shall issue a prelimi- tation for resale was requested but denied be- nary injunction to preclude the State or unit of drainage system—and we used to, and cause such importation failed to meet the re- local government from enforcing the regulation we still do in most places—we just quirements of section 18 of the Animal Welfare at issue until such time as the court enters a drain all that water out down to the Act (7 U.S.C. 2148). final judgment in the case, unless the State or bottom of the tile, and we do that for (4) The Secretary’s recommendations for Fed- unit of local government proves by clear and 12 months out of the year. eral statutory changes determined to be nec- convincing evidence that— And what happens is the nutrients essary for such importation for resale to meet (1) the State or unit of local government is that are applied, the nitrogen and the the requirements of such section. likely to prevail on the merits at trial; and phosphorous, in particular, go down SEC. 11612. PROHIBITION ON SLAUGHTER OF (2) the injunction would cause irreparable DOGS AND CATS FOR HUMAN CON- harm to the State or unit of local government. the stream, and it impacts the water SUMPTION. (c) STATUTE OF LIMITATIONS.—No action shall quality downstream; and it contributes The Animal Welfare Act (7 U.S.C. 2131 et seq.) be maintained under this section unless it is to the hypoxia in the Gulf Coast, as is amended by adding at the end the following commenced within 10 years after the cause of well. new section: action arose. So we have developed a method by ‘‘SEC. 30. PROHIBITION OF SLAUGHTER OF DOGS The Acting CHAIR. No amendment which especially the flattest ground in AND CATS FOR HUMAN CONSUMP- to the committee amendment in the the corn belt—this began at least 8 mil- TION. nature of a substitute shall be in order lion acres that were under a 2 percent ‘‘(a) PROHIBITION.—No person may— except those printed in part C of House grade—could be pattern tiled and put ‘‘(1) knowingly slaughter a dog or cat for human consumption; or Report 115–677. Each such amendment stop logs in and store the water in the ‘‘(2) knowingly ship, transport, move, deliver, may be offered only in the order print- subsoil; drain it down for the 2 weeks receive, possess, purchase, sell, or donate— ed in the report, by a Member des- in the spring that we are in the field, ‘‘(A) a dog or cat to be slaughtered for human ignated in the report, shall be consid- let the water table come back up again, consumption; or ered read, shall be debatable for the hold it there, drain it down again for ‘‘(B) dog or cat parts for human consumption. time specified in the report equally di- the 2 weeks in the fall that we are in ‘‘(b) PENALTY.—Any person who violates this vided and controlled by the proponent the field, and let it come up the rest of section shall be subject to imprisonment for not and an opponent, shall not be subject the time. more than 1 year, or a fine of not more than to amendment, and shall not be subject While that is going on, the root sys- $2,500, or both. to a demand for division of the ques- tem of our crop—corn and soybeans in ‘‘(c) SCOPE.—Subsection (a) shall apply only with respect to conduct in or affecting interstate tion. my country, different crops in others— or foreign commerce or within the special mari- AMENDMENT NO. 1 OFFERED BY MR. KING OF will draw up those nutrients out of time and territorial jurisdiction of the United IOWA that water and they will pull the nitro- States. The Acting CHAIR. It is now in order gen out, they will pull the phosphorous ‘‘(d) CONFLICT WITH STATE LAW.—This sec- to consider amendment No. 1 printed in out, and we can minimize the application shall not be construed to limit any State or part C of House Report 115–677. tion of our fertilizer. In doing so and local law or regulations protecting the welfare Mr. KING of Iowa. Mr. Chairman, I having a better utilization of our fer- of animals or to prevent a State or local gov- have an amendment at the desk made tilizer, we can also see the water that erning body from adopting and enforcing ani- finally does go down the stream be a mal welfare laws and regulations that are more in order by the rule. stringent than this section.’’. The Acting CHAIR. The Clerk will far higher quality. designate the amendment. So this allows EQIP to be spent also Subtitle G—Protecting Interstate Commerce The text of the amendment is as fol- in drainage districts for that purpose. SEC. 11701. PROHIBITION AGAINST INTER- lows: It is good for water quality. It is good FERENCE BY STATE AND LOCAL GOV- ERNMENTS WITH PRODUCTION OR Page 134, line 7, strike ‘‘or’’. for production efficiency, and it is MANUFACTURE OF ITEMS IN OTHER Page 134, after line 7, insert the following something that I think has a big future STATES. (and redesignate the subsequent subpara- for the United States of America. (a) IN GENERAL.—Consistent with article I, graph accordingly): Mr. Chairman, I reserve the balance section 8, clause 3 of the Constitution of the ‘‘(C) the use of existing drainage systems, of my time. United States, the government of a State or lo- or to upgrade drainage systems, to provide Mr. PETERSON. Mr. Chairman, I cality therein shall not impose a standard or irrigation or water efficiency; or claim the time in opposition, even condition on the production or manufacture of Page 134, line 14, insert ‘‘DRAINAGE DIS- any agricultural product sold or offered for sale TRICTS,’’ after ‘‘IRRIGATION ASSOCIATIONS,’’. though I am in favor of this. in interstate commerce if— Page 134, line 18, insert ‘‘drainage dis- The Acting CHAIR. Without objec- (1) such production or manufacture occurs in trict,’’ after ‘‘irrigation association,’’. tion, the gentleman from Minnesota is another State; and Page 135, lines 5 and 6, insert ‘‘drainage recognized for 5 minutes. (2) the standard or condition is in addition to district,’’ after ‘‘irrigation association,’’. There was no objection. the standards and conditions applicable to such The Acting CHAIR. Pursuant to Mr. PETERSON. Mr. Chairman, I production or manufacture pursuant to— House Resolution 891, the gentleman yield myself such time as I may con- (A) Federal law; and from Iowa (Mr. KING) and a Member op- sume. (B) the laws of the State and locality in which posed each will control 5 minutes. Mr. Chairman, this is something that such production or manufacture occurs. The Chair recognizes the gentleman I have been working on up in my area (b) AGRICULTURAL PRODUCT DEFINED.—In this section, the term ‘‘agricultural product’’ from Iowa. for some time as well. has the meaning given such term in section 207 Mr. KING of Iowa. Mr. Chairman, I We have the Red River Valley, which of the Agricultural Marketing Act of 1946 (7 yield myself such time as I may con- is a river that flows north, and it al- U.S.C. 1626). sume. ways causes a lot of trouble with the

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00143 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.044 H16MYPT1 H4124 CONGRESSIONAL RECORD — HOUSE May 16, 2018 flooding and so forth, a lot of erosion to the utility by working throughout gether in a watershed, we can reduce problems, and we have been looking at the watershed on water quality im- the nutrient load and also encourage ways to deal with this. provements. more economic activity, and it is also One of the ways that we found that Utilities often need to look at costly beneficial for the farmers and land- really works is to put in pattern tile end-of-pipe treatment to remove nutri- owners. along with lift stations and pumps and ents like phosphorus and nitrogen. Mr. Chairman, I appreciate the sup- stop logs and so forth that allow you to These facilities can cost hundreds of port, and I yield back the balance of control this water and keep it until the millions of dollars, and this is particu- my time. water goes down. You can let it out at larly important in Ohio where nutrient The Acting CHAIR. The question is the appropriate time. It improves the management is an important concern. on the amendment offered by the gen- water quality, and it will help us with This commonsense approach that tleman from Ohio (Mr. GIBBS). flooding situations. many water and wastewater utilities The amendment was agreed to. Our water management districts up would like to take is to work with The Acting CHAIR. It is now order to there need this authority. They would farmers and landowners in the water- consider amendment No. 3 printed in very much use this, and it would be a shed to help reduce the nutrient runoff part C of House Report 115–677. good thing for not only stopping a lot in the waterways in the first place, AMENDMENT NO. 4 OFFERED BY MR. ROGERS OF of erosion, it would also improve the which in turn helps reduce the cost to ALABAMA water quality substantially in our wa- utility ratepayers for water treatment. The Acting CHAIR. It is now in order tershed up there. This would produce a win-win for farm- to consider amendment No. 4 printed in Mr. Chairman, I strongly support the ers, local communities, and utilities. part C of House Report 115–677. amendment. I encourage my colleagues The farmers will receive an additional Mr. ROGERS of Alabama. Mr. Chair- to support it as well, and I yield back revenue stream, and local communities man, I have an amendment at the desk. the balance of my time. will see lower fees for their water and The Acting CHAIR. The Clerk will Mr. KING of Iowa. Mr. Chairman, I wastewater services on their utility designate the amendment. yield myself the balance of my time. bills. The text of the amendment is as fol- Mr. Chairman, I want to thank the For example, a utility in the city of lows: gentleman from Minnesota. They un- Green Bay, Wisconsin, has put this At the end of subtitle A of title IV, insert derstand the water quality issues and practice to work on a pilot basis, and the following: the drainage issues at least as well as instead of spending $200 million on SEC. ll. MULTIVITAMIN-MINERAL DIETARY we do in Iowa, and working together on phosphorus removal treatment at the SUPPLEMENTS ELIGIBLE FOR PUR- this kind of a proposal, I think, will end of the pipe, they are spending an CHASE WITH SUPPLEMENTAL NU- yield good results all the way down, es- estimated $50 million investing in con- TRITION ASSISTANCE BENEFITS. pecially the Mississippi River, the hy- servation practices with local farmers Section 3 of the Food and Nutrition Act of poxia in the Gulf. 2008 (7 U.S.C. 2012) is amended— to reduce nutrient loading throughout (1) in subsection (k) by— This is good for the entire United the watershed. (A) striking ‘‘and (9)’’ and inserting ‘‘(9)’’, States of America. It is something that This amendment aligns squarely with and I wish we would have done some time the objectives of the farm bill con- (B) inserting before the period at the end ago, but I appreciate the support for servation programs and will allow the following: ‘‘, and (10) a multivitamin- this amendment. I urge its adoption. greater leveraging of public-private mineral dietary supplement for home con- Mr. Chairman, I yield back the bal- partnerships, and it would also benefit sumption’’, ance of my time. private entities that operate within (2) by inserting after subsection (m) the following: The Acting CHAIR. The question is MMDS permits on TMDLs on their on the amendment offered by the gen- ‘‘(m–1) ‘Multivitamin-mineral dietary sup- loads. They can encourage them to plement’ means a substance that— tleman from Iowa (Mr. KING). work with landowners and farmers in ‘‘(1) provides at least half of the vitamins The amendment was agreed to. the watershed to reduce the TMDLs and minerals for which the National Acad- AMENDMENT NO. 2 OFFERED BY MR. GIBBS and reduce the nutrient load in the wa- emy of Medicine establishes dietary ref- The Acting CHAIR. It is now in order tershed completely so we bring down erence intakes, at 50 percent or more of the to consider amendment No. 2 printed in the whole TMDL issue by working to- daily value for the intended life stage per part C of House Report 115–677. gether and instituting more conserva- daily serving as determined by the Food and Mr. GIBBS. I have an amendment at Drug Administration; and tion practices and partnerships with ‘‘(2) does not exceed the tolerable upper in- the desk. utilities and other private entities with take levels for those nutrients for which an The Acting CHAIR. The Clerk will the local farmers and landowners. established tolerable upper intake level is designate the amendment. Mr. Chairman, I encourage support of determined by the National Academy of The text of the amendment is as fol- this conservation program to help pro- Medicine.’’, and lows: vide cleaner water for all of us in the (3) in subsection (q)(2) by striking ‘‘and At the end of subtitle D of title II, add the watersheds, and I reserve the balance spices’’ and inserting ‘‘spices, and multi- following: of my time. vitamin-mineral dietary supplements’’. SEC. 2407. SENSE OF CONGRESS ON INCREASED Mr. PETERSON. Mr. Chairman, I The Acting CHAIR. Pursuant to WATERSHED-BASED COLLABORA- claim time in opposition to the amend- House Resolution 891, the gentleman TION. from Alabama (Mr. ROGERS) and a It is the sense of Congress that the Federal ment, even though I am not opposed to Government should recognize and encourage it. Member opposed each will control 5 partnerships at the watershed level between The Acting CHAIR. Without objec- minutes. nonpoint sources and regulated point sources tion, the gentleman from Minnesota is The Chair recognizes the gentleman to advance the goals of the Federal Water recognized for 5 minutes. from Alabama. Pollution Control Act and provide benefits There was no objection. to farmers, landowners, and the public. Mr. PETERSON. Mr. Chairman, I b 1900 The Acting CHAIR. Pursuant to don’t oppose this amendment. I don’t Mr. ROGERS of Alabama. Mr. Chair- House Resolution 891, the gentleman really have any problem with it. man, I rise today to offer my amend- from Ohio (Mr. GIBBS) and a Member We are using RCPP in my part of the ment, which would allow SNAP users opposed each will control 5 minutes. world. I have not heard any request for to purchase multivitamins. The Chair recognizes the gentleman this, but I don’t think it does any First, I would like to thank Chair- from Ohio. harm. man CONAWAY for his hard work during Mr. GIBBS. Mr. Chairman, this I yield back the balance of my time. this farm bill process. H.R. 2 is a bill amendment is really a sense of Con- Mr. GIBBS. Mr. Chairman, I just that will strengthen the farm safety gress that will help support water and want to thank the ranking member for net for America’s farmers and ranch- wastewater utilities innovating to the support, and I think it is important ers, and give folks on SNAP a path out meet Clean Water Act targets more ef- because there are numerous examples of poverty with workforce training pro- fectively and potentially at lower costs of where, if we work collaboratively to- grams.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00144 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.102 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4125 The multivitamins can serve as an ef- under which the needs are met in an equi- is amended by inserting after section 341 the fective bridge between what Americans table and effective manner. following: should eat and what they actually con- The Acting CHAIR. Pursuant to ‘‘SEC. 342. REFINANCING OF CERTAIN RURAL sume. Repeated studies have shown House Resolution 891, the gentleman HOSPITAL DEBT. ‘‘Assistance under section 306(a) for a com- from Michigan (Mr. BERGMAN) and a that Americans do not consume essen- munity facility or under section 310B may tial nutrients at recommended levels Member opposed each will control 5 include the refinancing of a debt obligation through diet alone. Low-income and minutes. of a rural hospital as an eligible loan or loan older Americans are more likely than The Chair recognizes the gentleman guarantee purpose if the assistance would others to have insufficient and nutri- from Michigan. help preserve access to a health service in a tionally inadequate diets. Mr. BERGMAN. Mr. Chair, my rural community and meaningfully improve Multivitamins are not a replacement amendment is simple. It directs GAO the financial position of the hospital.’’. for a healthy diet, but these supple- to study the credit needs of agricul- The Acting CHAIR. Pursuant to ments can help fill that nutrient gap. tural businesses that are owned and op- House Resolution 891, the gentleman Safe, convenient, and scientifically erated by Indian Tribes on Tribal from Texas (Mr. ARRINGTON) and a supported multivitamins represent a lands. Member opposed each will control 5 low-cost immediate solution for SNAP My district is home to eight federally minutes. recipients looking to ensure their fami- recognized Tribes, and it has been my The Chair recognizes the gentleman lies receive adequate intake of essen- honor to represent each of them over from Texas. tial vitamins and minerals. the last 16 months. We often hear Mr. ARRINGTON. Mr. Chair, I want It is my hope that by empowering about how most Tribes are located to thank Chairman CONAWAY for his low-income Americans to achieve opti- within food deserts, but we must re- leadership on H.R. 2. This farm bill is mal nutrition, SNAP recipients will de- member, most Tribes are also located critical to this country’s food supply velop lifelong habits that will eventu- within credit deserts. and to rural America. I want to thank ally break the cycle of poverty and Credit deserts occur when there are him for a great first step of getting it allow them to reach their full poten- very few lenders available in a region. out of the committee. tial. The lack of credit options severely im- We have strengthened the safety net Mr. Chair, I urge passage of this com- pacts the ability of Tribes and Tribal to provide stability to the ag economy monsense, no-cost amendment, and I Members to invest and expand their ag- here in the United States. We have yield back the balance of my time. ricultural businesses. By directing made an important investment in rural The Acting CHAIR. The question is GAO to study the unique credit needs America and rural infrastructure, espe- on the amendment offered by the gen- of Tribes, we can identify solutions cially around the technology backbone, tleman from Alabama (Mr. ROGERS). that will result in a system under and we have also fully funded R&D for The amendment was agreed to. which their needs are met in an equi- agriculture, which allows us to be glob- table and effective manner. AMENDMENT NO. 5 OFFERED BY MR. BERGMAN ally competitive and gives our pro- The Farm Credit System is vitally The Acting CHAIR. It is now in order ducers an advantage. important for agricultural commu- to consider amendment No. 5 printed in Lastly, but certainly not least, I am nities in rural America. Without suffi- part C of House Report 115–677. very proud of the reforms to the Food cient access to credit, young farmers Mr. BERGMAN. Mr. Chairman, I rise Stamp program that encourage work. will not be able to begin a career and today in support of my amendment to We have got 6 million surplus jobs, and experienced farmers will not be able to H.R. 2. we don’t need policies that trap people expand their businesses. Tribes across The Acting CHAIR. The Clerk will in a cycle of dependency on govern- the country need fair and equal access designate the amendment. ment and poverty. It is not the right to all agricultural programs so they The text of the amendment is as fol- thing to do to them. It is not right for can promote their historical and cul- lows: the taxpayers. It is not good for Amer- Page 326, after line 6, insert the following: tural knowledge for the next genera- ica. tion of American farmers. SEC. llll. GAO REPORT ON ABILITY OF THE Mr. Chairman, the amendment I am FARM CREDIT SYSTEM TO MEET THE This farm bill represents an invest- offering today would provide a critical AGRICULTURAL CREDIT NEEDS OF ment in rural America. With net farm lifeline to rural hospitals by expanding INDIAN TRIBES AND THEIR MEM- income dropping by nearly 50 percent the eligibility requirements in two of BERS. over the past 4 years, Congress must USDA’s loan programs, the Business (a) IN GENERAL.—The Comptroller General recognize the vital role our agricul- of the United States shall— and Industry Guaranteed Loan Pro- (1) study the agricultural credit needs of tural communities play and provide gram and the Community Facilities farms, ranches, and related agricultural the resources they need for success. Direct Loan and Guaranteed Loan Pro- businesses that are owned or operated by— I thank Chairman CONAWAY for his gram, to allow these community hos- (A) Indian tribes on tribal lands; or leadership in bringing forth a bill that pitals to refinance their existing debt (B) enrolled members of Indian tribes on is responsive to the needs of farm coun- under these programs. Indian allotments; and try. This will lower their cost of capital (2) determine whether the institutions of Mr. Chairman, I urge support for my and free up precious resources needed the Farm Credit System have sufficient au- amendment, and I yield back the bal- thority and resources to meet the needs. to keep these facilities operating. If we ance of my time. are going to maintain the ability to (b) DEFINITION OF INDIAN TRIBE.—In sub- The Acting CHAIR. The question is section (a), the term ‘‘Indian tribe’’ means feed our own people and fuel the Amer- an Indian tribal entity that is eligible for on the amendment offered by the gen- ican economy, we need a strong and funding and services from the Bureau of In- tleman from Michigan (Mr. BERGMAN). sustainable rural America. The heart The amendment was agreed to. dian Affairs by virtue of the status of the en- of rural communities is access to qual- tity as an Indian tribe. AMENDMENT NO. 6 OFFERED BY MR. ARRINGTON ity healthcare. What would this coun- (c) REPORT TO THE CONGRESS.—Within 90 The Acting CHAIR. It is now in order try be without the hardworking energy days after the date of the enactment of this to consider amendment No. 6 printed in Act, the Comptroller General of the United and agriculture producers in small part C of House Report 115–677. towns across this great land? States shall prepare and submit to the Com- Mr. ARRINGTON. Mr. Chairman, I There are over 5,000 hospitals in the mittees on Agriculture and on Natural Re- have an amendment at the desk. sources of the House of Representatives a United States, and roughly half of The Acting CHAIR. The Clerk will written report that contains the findings of them are in rural areas, serving one designate the amendment. the study conducted under subsection (a). If out of every five Americans. Without the Comptroller General finds that the insti- The text of the amendment is as follows: access to basic medical services, com- tutions of the Farm Credit System do not munities in America’s breadbasket and have sufficient authority or resources to Page 337, after line 18, insert the following: energy basin would not survive. meet the needs referred to in subsection (a), SEC. lll. REFINANCING OF CERTAIN RURAL the report shall include such legislative and HOSPITAL DEBT. Since 2010, over 80 rural hospitals other recommendations as the Comptroller Subtitle D of the Consolidated Farm and across the country have closed, includ- General determines would result in a system Rural Development Act (7 U.S.C. 1981 et seq.) ing 11 in my home State of Texas. With

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00145 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.107 H16MYPT1 H4126 CONGRESSIONAL RECORD — HOUSE May 16, 2018 almost half of existing hospitals oper- necessary local access to care in rural com- communities at 20,000 and below, and it ating at a loss, the number of these munities. actually expands the Guaranteed Loan hospitals that are closing are guaran- We applaud you for your efforts to ensure Program that has delivered capital to teed to go up. In less than 10 years, a that these important loan programs can be levels close to $150 million. That pro- used by rural hospitals in need and appre- whopping 25 percent of our Nation’s ciate your leadership in introducing this im- gram would be the one we would ex- rural hospitals could close. For many portant and timely amendment. Please con- pand for communities above 20,000 but of the nearly 700 rural hospitals strug- tact Jessica Seigel in my Government Af- below 50,000. gling to keep their doors open, this will fairs office if NRHA can offer more support Again, Plainview, Texas, is a rural give them the tools and the resources on this or future health issues. small town. It is an ag community, and necessary to maintain their viability Sincerely, if the people of Plainview and towns and to continue to serving their com- ALAN MORGAN, like that don’t have access to munities. Chief Executive Officer. healthcare, then they cannot sustain If we fail to act and some of these Mr. ARRINGTON. Mr. Chairman, I the ag economy in west Texas. hospitals close down, it could result in yield back the balance of my time. Mr. Chair, I yield back the balance of tens of thousands of lost jobs in rural Mr. PETERSON. Mr. Chairman, I rise my time. communities across the country. That in opposition to the amendment. Mr. PETERSON. Mr. Chair, I just would cripple rural communities across The Acting CHAIR. The gentleman have a problem with a town of 50,000 this great Nation and potentially dev- from Minnesota is recognized for 5 min- being called a rural town. The average astate our agriculture and energy econ- utes. town in my district is 1,000 people, 1,500 omy, affecting all Americans, includ- Mr. PETERSON. Mr. Chair, I appre- people. Those are the folks who cannot ing our friends in urban and suburban ciate the intent of the amendment, but afford to do this. That is what this pro- areas. there are a couple of problems here. gram is for. I would like to conclude my remarks One is that I have got some hospitals I don’t know how much money we by thanking again, the chairman, my in my area that have used this to es- have wasted on broadband in this Con- friend and fellow west Texan, for his tablish rural hospitals. gress, and one of the reasons we wasted leadership on this farm bill. I am proud There is a limited amount of money it is we had a 50,000 population limit. to support it. I urge my colleagues to available in this fund, and what you What happened is these telecom com- support my amendment, so we can pro- are going to do here with this is you panies and cable companies went into tect rural America by giving our com- are going to increase the competition these bigger communities because that munity hospitals the certainty and the for it. There is already an increase in is where they could make money, and resources they need to keep our people fees on the loans in this bill. So, for they overbuilt the systems two or and our communities healthy. smaller communities, it is going to three times. I include in the RECORD a letter of make it more difficult. Did they come out in the rural areas support from the National Rural But the bigger problem I have with and do anything? No. So we still don’t Health Association. this, as I understand it, this bill raises have broadband, and in towns of 50,000, NATIONAL RURAL the limits for what is a rural area from we have three systems. So what I was HEALTH ASSOCIATION, 20,000 in the case of broadband and trying to do in 2008 was trying to focus May 16, 2018. water, and 10,000 on waste. These are this stuff down to where it—in my Hon. JODEY ARRINGTON, numbers that were put in in the 2008 opinion—belongs. In your part of the Washington, DC. farm bill when I was chairman. I just world, that might be the thing to do, DEAR REPRESENTATIVE ARRINGTON: The Na- want to point out to people: The big- but this does not work in my district, tional Rural Health Association (NRHA), a gest city in my district is 32,000 people. nonprofit membership organization with and I don’t agree with it. more than 21,000 members in rural America, I have 350 towns in my district, and Mr. Chair, I encourage my colleagues applauds your proposed amendment to H.R. only 12 of them are over 10,000. to oppose the amendment, and I yield 2. So what this does is it puts us in a back the balance of my time. Rural America encompasses more than 90% situation where we are going to not be The Acting CHAIR. The question is of the nation’s land area, houses 46 million able to build hospitals because they are on the amendment offered by the gen- residents, and 20% of our nation’s popu- going to be sucked up by these bigger tleman from Texas (Mr. ARRINGTON). lation. Still, rural communities make up communities in these other parts of The amendment was agreed to. only 3% of job growth since the Great Reces- the country. sion, and many rural areas continue to see AMENDMENT NO. 7 OFFERED BY MR. JONES increasing unemployment. From 2010 to 2014, So I just think this is something that The Acting CHAIR. It is now in order rural areas saw more businesses close than is not needed. If you have got a town of to consider amendment No. 7 printed in open. Rural hospitals and providers are a 50,000 people, you can go get financing part C of House Report 115–677. critical part of the rural community, and some other place. You don’t need to be Mr. JONES. Mr. Chairman, I have an often are the backbone of the rural economy. financed by USDA. amendment at the desk. Eighty-three rural hospitals have closed Mr. Chair, I oppose the amendment, The Acting CHAIR. The Clerk will since 2010, and 673 are vulnerable to closure. and I reserve the balance of my time. designate the amendment. If the 673 vulnerable hospitals closed, rural Mr. ARRINGTON. Mr. Chair, I ask patients would need to seek alternatives for The text of the amendment is as fol- 11.7 million hospitals visits, 99,000 health unanimous consent to reclaim the bal- lows: care workers would need to find new jobs, ance of my time. Page 387, after line 24, insert the following: and $277 billion in GPD would be lost. The Acting CHAIR. Is there objection SEC. ll. LIMITED EXCLUSION OF MILITARY When a rural community is faced with a to the request of the gentleman from BASE RESIDENTS FROM DEFINITION hospital struggling to remain open, the com- Texas? OF RURAL AREA. munity often looks for resources to keep this There was no objection. (a) PROGRAMS UNDER THE CONSOLIDATED essential point of care. The USDA has the Mr. ARRINGTON. Mr. Chair, I re- FARM AND RURAL DEVELOPMENT ACT.—Sec- experience and expertise to help struggling spect the ranking member’s comments, tion 343(a)(13) of the Consolidated Farm and rural hospitals negotiate, reorganize, and re- Rural Development Act (7 U.S.C. 1991(a)(13)), vitalize. Rural hospitals are an essential pil- and I appreciate his commitment to as amended by section 6218 of this Act, is lar of their communities and are necessary rural America, but I would submit that amended— to create the economic growth that is direly my hometown, which is over the 20,000 (1) in subparagraph (A), by striking ‘‘(H)’’ needed in rural communities. No business threshold but under the 50,000, has and inserting ‘‘(I)’’; and wants to relocate to a community that does every bit of the challenges that small (2) by adding at the end the following: not have an emergency room to care for an towns at 20,000 and below face. They ‘‘(I) LIMITED EXCLUSION OF MILITARY BASE employee injured at work or a place for a deserve access to quality care. This POPULATIONS.—The first 1,500 individuals who young worker to deliver a baby or take a amendment, by the way, does not reside in housing located on a military base sick child. Allowing refinancing of debt obli- shall not be included in determining whether gations through the Business and Industry change that threshold. However, that an area is ‘rural’ or a ‘rural area’.’’. and Community Facilities Loan Programs threshold is changed in the farm bill. It (b) RURAL BROADBAND LOANS AND GUAR- supports communities in improving the fi- reserves the direct lending portion of ANTEE PROGRAM.—Section 601(b)(3) of the nancial position of the hospital to maintain the program at $2.8 billion for those Rural Electrification Act of 1936 (7 U.S.C.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00146 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.111 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4127 950bb(b)(3)) is amended by adding at the end (2) These technologies allow farmers to grams of the Commission dedicated to the the following: collect data in real time about their fields, deployment of broadband Internet access ‘‘(C) EXCLUSION OF MILITARY BASE POPU- automate field management, and maximize service, to unserved agricultural land in need LATIONS.—The first 1,500 individuals who re- resources. of broadband Internet access service; and side in housing located on a military base (3) Studies estimate that precision agri- (F) recommend specific steps that the shall not be included in determining whether culture technologies can reduce agricultural Commission should consider to ensure that an area is a ‘rural area’.’’. operation costs by up to 25 dollars per acre the expertise of the Secretary and available (c) DISTANCE LEARNING AND TELEMEDICINE and increase farm yields by up to 70 percent farm data are reflected in existing or future LOANS AND GRANTS.—Section 2332 of the by 2050. programs of the Commission dedicated to the Food Agriculture, Conservation, and Trade (4) The critical cost savings and produc- infrastructure deployment of broadband Act of 1990 (7 U.S.C. 950aaa–1) is amended by tivity benefits of precision agriculture can- Internet access service and to direct avail- adding at the end the following: not be realized without the availability of re- able funding to unserved agricultural land ‘‘(4) RURAL AREA.—The term ‘rural area’ liable broadband Internet access service de- where needed. has the meaning given the term in section livered to the agricultural land of the United (2) CONSULTATION.—The Secretary, or a 601(b)(3) of the Rural Electrification Act of States. designee of the Secretary, shall explain and 1936.’’. (5) The deployment of broadband Internet make available to the Task Force the exper- The Acting CHAIR. Pursuant to access service to unserved and underserved tise, data mapping information, and re- House Resolution 891, the gentleman agricultural land is critical to the United sources of the Department that the Depart- States economy and to the continued leader- ment uses to identify cropland, ranchland, from North Carolina (Mr. JONES) and a ship of the United States in global food pro- and other areas with agricultural operations Member opposed each will control 5 duction. that may be helpful in developing the rec- minutes. (6) Despite the growing demand for ommendations required under paragraph (1). The Chair recognizes the gentleman broadband Internet access service on agricul- (3) LIST OF AVAILABLE FEDERAL PROGRAMS from North Carolina. tural land, broadband Internet access service AND RESOURCES.—Not later than 180 days Mr. JONES. Mr. Chairman, I thank is not consistently available where needed after the date of enactment of this Act, the the chairman and the ranking member for agricultural operations. Secretary and the Commission shall jointly for allowing me to have this oppor- (7) The Federal Communications Commis- submit to the Task Force a list of all Federal programs or resources available for the ex- tunity to speak about this amendment. sion has an important role to play in the deployment of broadband Internet access serv- pansion of broadband Internet access service The amendment allows military on unserved agricultural land to assist the towns who are on the bubble of eligi- ice on unserved and underserved agricultural land to promote precision agriculture. Task Force in carrying out the duties of the bility for USDA rural development pro- SEC. 6802. TASK FORCE FOR REVIEWING THE Task Force. grams the ability to apply for loans CONNECTIVITY AND TECHNOLOGY (d) MEMBERSHIP.— and grants for their communities. NEEDS OF PRECISION AGRI- (1) IN GENERAL.—The Task Force shall be— Given the transitory nature of mili- CULTURE. (A) composed of not more than 15 voting tary service, town populations change (a) DEFINITIONS.—In this section— members who shall— (i) be selected by the Chairman of the Com- frequently and having this buffer will (1) the term ‘‘broadband Internet access service’’ has the meaning given the term in mission, in consultation with the Secretary; allow otherwise ineligible communities section 8.2 of title 47, Code of Federal Regu- and to have the ability to apply and com- lations, or any successor regulation; (ii) include— pete for assistance in funding critical (2) the term ‘‘Commission’’ means the Fed- (I) agricultural producers representing di- facilities such as fire departments, hos- eral Communications Commission; verse geographic regions and farm sizes, in- pitals, and children’s centers. (3) the term ‘‘Department’’ means the De- cluding owners and operators of farms of less partment of Agriculture; and than 100 acres; b 1915 (4) the term ‘‘Task Force’’ means the Task (II) Internet service providers, including Allowing these communities to com- Force for Reviewing the Connectivity and regional or rural fixed and mobile broadband pete for financial assistance does not Technology Needs of Precision Agriculture Internet access service providers and tele- increase spending for these programs. in the United States established under sub- communications infrastructure providers; We are probably only talking about section (b). (III) representatives from the electric co- (b) ESTABLISHMENT.—Not later than 1 year operative industry; four military towns at this point. So after the date of enactment of this Act, the (IV) representatives from the satellite in- these towns are in the rural part of Commission shall establish the Task Force dustry; America, and, again, we are just saying for Reviewing the Connectivity and Tech- (V) representatives from precision agri- that they should have the ability to nology Needs of Precision Agriculture in the culture equipment manufacturers, including compete. United States. drone manufacturers, manufacturers of au- That is the amendment, the best I (c) DUTIES.— tonomous agricultural machinery, and man- (1) IN GENERAL.—The Task Force shall con- can explain it, and I ask for support of ufacturers of farming robotics technologies; sult with the Secretary, or a designee of the and the amendment. Secretary, and collaborate with public and Mr. Chairman, I yield back the bal- (VI) representatives from State and local private stakeholders in the agriculture and governments; and ance of my time. technology fields to— (B) fairly balanced in terms of tech- The Acting CHAIR. The question is (A) identify and measure current gaps in nologies, points of view, and fields rep- on the amendment offered by the gen- the availability of broadband Internet access resented on the Task Force. tleman from North Carolina (Mr. service on agricultural land; (2) PERIOD OF APPOINTMENT; VACANCIES.— JONES). (B) develop policy recommendations to (A) IN GENERAL.—A member of the Com- The amendment was agreed to. promote the rapid, expanded deployment of mittee appointed under paragraph (1)(A) broadband Internet access service on AMENDMENT NO. 8 OFFERED BY MR. LATTA shall serve for a single term of 2 years. unserved agricultural land, with a goal of (B) VACANCIES.—Any vacancy in the Task The Acting CHAIR. It is now in order achieving reliable capabilities on 95 percent to consider amendment No. 8 printed in Force— of agricultural land in the United States by (i) shall not affect the powers of the Task part C of House Report 115–677. 2025; Force; and Mr. LATTA. Mr. Chairman, I have an (C) promote effective policy and regulatory (ii) shall be filled in the same manner as amendment at the desk. solutions that encourage the adoption of the original appointment. The Acting CHAIR. The Clerk will broadband Internet access service on farms (3) EX-OFFICIO MEMBER.—The Secretary, or designate the amendment. and ranches and promote precision agri- a designee of the Secretary, shall serve as an The text of the amendment is as fol- culture; ex-officio, nonvoting member of the Task lows: (D) recommend specific new rules or Force. amendments to existing rules of the Com- Page 397, after line 12, insert the following: (e) REPORTS.—Not later than 1 year after mission that the Commission should issue to the date on which the Commission estab- Subtitle I—Precision Agriculture achieve the goals and purposes of the policy lishes the Task Force, and annually there- Connectivity recommendations described in subparagraph after, the Task Force shall submit to the SEC. 6801. FINDINGS. (B); Chairman of the Commission a report, which Congress finds the following: (E) recommend specific steps that the shall be made public not later than 30 days (1) Precision agriculture technologies and Commission should take to obtain reliable after the date on which the Chairman re- practices allow farmers to significantly in- and standardized data measurements of the ceives the report, that details— crease crop yields, eliminate overlap in oper- availability of broadband Internet access (1) the status of fixed and mobile ations, and reduce inputs such as seed, fer- service as may be necessary to target fund- broadband Internet access service coverage tilizer, pesticides, water, and fuel. ing support, from existing or future proof agricultural land;

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00147 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.059 H16MYPT1 H4128 CONGRESSIONAL RECORD — HOUSE May 16, 2018 (2) the projected future connectivity needs I urge my colleagues to support this areas, that we get that area served be- of agricultural operations, farmers, and bipartisan amendment to help deploy cause they are unserved at this time. ranchers; and much-needed broadband in unserved Mr. Chairman, I ask for support of (3) the steps being taken to accurately rural, agricultural areas. the amendment, and I yield back the measure the availability of broadband Inter- Mr. Chairman, I reserve the balance balance of my time. net access service on agricultural land and The Acting CHAIR. The question is the limitations of current, as of the date of of my time. the report, measurement processes. Mr. PETERSON. Mr. Chairman, I am on the amendment offered by the gen- (f) TERMINATION.—The Commission shall not going to oppose this amendment, tleman from Ohio (Mr. LATTA). renew the Task Force every 2 years until the but I claim the time. The amendment was agreed to. Task Force terminates on January 1, 2025. The Acting CHAIR. Without objec- AMENDMENT NO. 9 OFFERED BY MR. THOMPSON The Acting CHAIR. Pursuant to tion, the gentleman from Minnesota is OF PENNSYLVANIA House Resolution 891, the gentleman recognized for 5 minutes. The Acting CHAIR. It is now in order from Ohio (Mr. LATTA) and a Member There was no objection. to consider amendment No. 9 printed in opposed each will control 5 minutes. Mr. PETERSON. Mr. Chairman, I part C of House Report 115–677. The Chair recognizes the gentleman just want to point out that what you Mr. THOMPSON of Pennsylvania. from Ohio. did in amendment No. 6 is going to un- Mr. Chairman, I have an amendment at Mr. LATTA. Mr. Chairman, before I dermine what you are trying to do in the desk. begin, I want to thank the gentleman amendment No. 8 because it is going to The Acting CHAIR. The Clerk will designate the amendment. from Texas, the chairman of the com- allow the telecom companies to game The text of the amendment is as mittee, for his hard work on the bill. I the system. follows: appreciate it. I don’t know how many billions of Page 429, after line 4, insert the following: Mr. Chairman, I rise in support of the dollars we have wasted on those com- precision agriculture connectivity ‘‘(16) CHRONIC WASTING DISEASE.—Research panies, and they have not accomplished and extension grants may be made under amendment. This bipartisan amend- hardly a thing. In fact, they are the ment offered by myself and my friend this section for projects relating to treating, ones that have stopped us from getting mitigating, or eliminating chronic wasting from Iowa (Mr. LOEBSACK) recognizes broadband in the rural parts of my dis- disease.’’. the need for broadband in rural areas, trict because they have vetoed some Page 429, line 5, strike ‘‘(16)’’ and insert especially on agricultural lands. stuff that the State is doing that actu- ‘‘(17)’’. I represent the largest farm-income- ally would work. The Acting CHAIR. Pursuant to producing district in the State of Ohio. What we need to do to fix this is we House Resolution 891, the gentleman Precision agriculture technologies and need to change the Universal Service from Pennsylvania (Mr. THOMPSON) and practices, like the use of IoT equip- Fund, which is still tied to telephones. a Member opposed each will control 5 ment, provide a great opportunity to That is what got us telephones in all of minutes. improve U.S. farm productivity and rural America because we had a Uni- The Chair recognizes the gentleman sustainability. versal Service Fund that was put on from Pennsylvania. However, the lack of high-speed Mr. THOMPSON of Pennsylvania. everybody’s phone bill, and that gave broadband in rural areas, especially in Mr. Chairman, Chairman CONAWAY, and us the money to go out and put the farmlands and ranchlands, hinder the Ranking Member PETERSON, I am phones in every house. use of advanced technologies in agri- grateful for the opportunity to be here They are still doing that today. So I culture operations. today and speak on this amendment. have broadband at my deer camp, and My amendment seeks to improve Chronic wasting disease is a wildlife broadband access to farmers and ranch- the way I got it was because I had to health disorder impacting the cervid ers by establishing a task force for re- put a telephone in in order for them to populations in 24 States, including viewing the connectivity and tech- get the subsidies so they could run the Pennsylvania. The disease attacks the nology needs of precision agriculture. line to my camp. brain and nervous system of these ani- The task force would be created pri- So, if you want to get this done, what mals, which include deer, elk, and mule marily by the Federal Communications really needs to be done is we need to and moose species, and always results Commission due to their expertise in change the Universal Service Fund and in death. broadband. However, we also recognize put it on broadband so we have got the Currently, we don’t have a way to the value of the United States Depart- money to go out into those under- live test, and there is no cure or vac- ment of Agriculture in this discussion. served areas that are never going to cine for the disease. Therefore, the FCC would be required get—there is one person a mile, one First identified in Colorado in the to work in collaboration with the house a mile. Nobody can make money 1960s, CWD, as it is known, wasn’t de- USDA on gathering broadband data on it. So the only way that is going to tected in Pennsylvania until 2012. How- and for selecting the members of the work is if you have money coming from ever, the problem continues to grow as task force. us to get those companies to go out the State Game Commission has found This task force would be required to and do it. a doubling of instances between 2016 identify current gaps in broadband cov- I agree with what the gentleman is and 2017. erage on agricultural lands and rec- trying to do here, and I am for what he If this trend continues, we will see ommend policies that will promote is trying to do. But I think it is not devastating impacts on our cervid pop- their rapid, expanded deployment of going to happen because we have tried. ulations as well as related ecological broadband internet access service in We have spent billions of dollars, and consequences. unserved areas. nothing has happened so far. I have no Title VII, the research portion of the Simply put, this amendment would confidence in these big telecom compa- farm bill, provides important support help to address a significant need in ag- nies getting anything done. for innovation, research, and develop- ricultural lands. Without broadband, So, with that, I have got it off my ment at our Nation’s land grant uni- farmers cannot utilize precision agri- chest. I am not going to oppose the versities and agricultural colleges. culture that allows for the collection of gentleman’s amendment. God bless you To help wildlife managers and States field data in real time that can help and good luck. combat the problem of CWD, my with crop management. This type of Mr. Chairman, I yield back the bal- amendment simply adds chronic wast- technology helps farmers maximize re- ance of my time. ing disease to section 7208, high-pri- sources to reduce costs and increase Mr. LATTA. Mr. Chairman, I appre- ority research and extension initia- crop yields by up to 70 percent by 2050, ciate the gentleman’s comments. tives. helping to maintain America’s long- Again, it is important because, again, According to the CBO, this amend- term leadership in global food produc- in the area I represent in the State of ment would have no change in direct tion. Ohio, we have a lot of unserved areas. spending or revenue. However, this Furthermore, advanced machinery When we talk about unserved and un- amendment would help focus some re- helps promote environmentally sus- derserved areas, we want to make sure sources toward chronic wasting disease tainable practices. that, especially out in agricultural research.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00148 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.056 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4129 A number of organizations have en- So the focus on this is the wild deer. LAMALFA) having assumed the chair, dorsed this amendment, including the If a farm deer is determined to be CWD Mr. LEWIS of Minnesota, Acting Chair Theodore Roosevelt Conservation Part- positive, in almost all cases, the entire of the Committee of the Whole House nership, Wildlife Management Insti- herd is put down, as you had mentioned on the state of the Union, reported that tute, The Quality Deer Management in your experience, leaving the farmer that Committee, having had under con- Association, National Deer Alliance, without a source of income or business. sideration the bill (H.R. 2) to provide National Wildlife Federation, and the The goal of the amendment, however, for the reform and continuation of ag- Association of Fish and Wildlife Agen- I think would help in that situation be- ricultural and other programs of the cies. cause the goal of the amendment is to Department of Agriculture through fis- I appreciate the opportunity today to find a live test or a cure for CWD since cal year 2023, and for other purposes, offer this amendment and request the scientists believe it is naturally occur- had come to no resolution thereon. support of my colleagues. ring in the wild. If we had a vaccine, we f Mr. Chairman, I reserve the balance could then increase the number of b 1930 of my time. sportsmen and -women in the field to Mr. PETERSON. Mr. Chairman, I help with the Pittman-Robertson funds RUSSIAN INVESTIGATION claim time in opposition, even though I that go to conservation. The SPEAKER pro tempore (Mr. am not opposed to the amendment. The total economic impact of the LEWIS of Minnesota). Under the Speak- The Acting CHAIR. Without objec- farmed cervid industry is $7.9 billion a er’s announced policy of January 3, tion, the gentleman from Minnesota is year in the U.S. and employs almost 2017, the gentleman from Colorado (Mr. recognized for 5 minutes. 57,000 people who contribute greatly to PERLMUTTER) is recognized for 60 min- There was no objection. rural American, State, and certainly utes as the designee of the minority Mr. PETERSON. I agree that chronic Federal economies as well. leader. wasting is a serious problem. We have The outcome of this would benefit Mr. PERLMUTTER. Mr. Speaker, to- it in Minnesota. We have spent a lot of both farm but also wild CWD instances night, as we have every other week for money already in Minnesota on re- and cases, and prevent them. the last few months, I want to talk search as they have in Wisconsin and Mr. PETERSON. Mr. Chairman, re- about the Mueller investigation and probably other places. claiming my time, is the gentleman the kinds of results that are being de- Does this do anything about the saying that USDA says there has never veloped by the FBI, by the Department problem of this getting out of farm been a case where it has been trans- of Justice, on a lot of very serious top- deer, farms and so forth? Because they mitted from a farm to wildlife? ics. The main topic is the Russians just found in southern Minnesota that Mr. THOMPSON of Pennsylvania. interfering with our elections, particu- this was spread by deer getting out of Will the gentleman yield? larly the 2016 election. a farm deer situation. They went in Mr. PETERSON. I yield to the gen- That kind of interference goes to the there, and every deer that was in that tleman. heart of our Nation. It goes to the farm had chronic wasting disease. Mr. THOMPSON of Pennsylvania. heart of our freedom. It goes to the Does it do anything in terms of doing Yes. heart of our independence. It goes to research to go in and make sure those Mr. PETERSON. That is not true be- the heart of this country’s sovereignty herds are not contributing to the prob- cause it has happened in Minnesota in and to be able to make decisions with- lem? two or three cases. So maybe they need out interference by nations other than Mr. THOMPSON of Pennsylvania. to be researched. They are a little be- the United States of America, other Will the gentleman yield? hind the times it seems to me. than us as citizens of the United States Mr. PETERSON. I yield to the gen- In southeast Minnesota, we don’t of America. I think we need to step tleman. have it up where I am at, but in the Mr. THOMPSON of Pennsylvania. back and think about this a little bit, southeast, this is prevalent. The same because it is clear now. Mr. Chairman, I thank the ranking thing in Wisconsin. So everybody that Just today, the Senate Republican member for that question. It is an im- takes a deer has to take it into the chair of the Intelligence Committee portant part of this discussion. Actu- DNR and get it tested currently. said there is no doubt that Russia un- ally, first of all, it is important for peo- Once this thing gets into the wild, it dertook an unprecedented effort to ple to understand that, let me just say is very hard to eradicate without wip- interfere with our 2016 elections. He upfront, chronic wasting disease is not ing out the whole herd, which some says he looks forward to completing transmitted to humans. There is no places are going to do that. the committee’s inquiry and issuing case of that. I know that wasn’t your So I am supportive of what you are findings and recommendations to question, but I think that is important. trying to do. I just want to make sure Americans. It is not transmitted to humans. that we are doing, within the USDA The vice chairman, Senator WARNER I think it is important for those who and the animal welfare, health thing, from Virginia, says: might be listening to understand that. that they have got some resources After a thorough review, our staff con- I don’t want to create a fear factor there that can go in and make sure cluded that the intelligence community’s here. that these farms are not transferring conclusions were accurate and on point. The The research of the USDA so far this stuff out in the wild when a deer Russian effort was extensive, sophisticated, shows there has never been a docu- gets loose. That is apparently what and ordered by President Putin himself for mented case of a farm deer transferring happened in southeast Minnesota. That the purpose of helping Donald Trump and CWD to wild population. is my only concern. Maybe we can hurting Hillary Clinton. Mr. PETERSON. Mr. Chairman, re- work together on the language and im- In order to protect our democracy claiming my time. That is not true. prove it. I will support your amend- from future threats, we must under- Mr. THOMPSON of Pennsylvania. ment. stand what happened in 2016. Will the gentleman yield? Mr. Chairman, I yield back the bal- So, a year ago, Special Counsel Rob- Mr. PETERSON. I yield to the gen- ance of my time. ert Mueller was appointed to look into tleman. Mr. THOMPSON of Pennsylvania. I this affair and what exactly happened Mr. THOMPSON of Pennsylvania. All yield back the balance of my time. and to bring those to justice who broke farm deer must be CWD certified, The Acting CHAIR. The question is our laws, who interfered with our sov- meaning testing for over 5 years, to be on the amendment offered by the gen- ereignty and our freedoms. eligible for interstate shipment and tleman from Pennsylvania (Mr. THOMP- But all along the way, the White commerce, and there is a USDA Fed- SON). House has objected, has tried to de- eral rule, all farm deer in the Federal The amendment was agreed to. scribe it as a witch hunt, as a hoax, as herd certification program must test Mr. CONAWAY. Mr. Chairman, I nothing but a charade, when, in fact, in 100 percent of their death loss for CWD, move that the House do now rise. this 1-year period there have been five and State and Federal fish and wildlife The motion was agreed to. guilty pleas and 22 indictments. agencies test a low percentage of wild Accordingly, the Committee rose; We kind have got to go back to the deer for CWD. and the Speaker pro tempore (Mr. beginning, Mr. Speaker.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00149 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.119 H16MYPT1 H4130 CONGRESSIONAL RECORD — HOUSE May 16, 2018 A year ago, Democrats were asking political involvement with Russia, On another occasion, he says: ‘‘As I the President to turn over his tax re- their attempts to interfere with and have been saying all along, it is all a turns, which all Presidents have done obstruct justice relating to Mr. big hoax by Democrats based on pay- and which candidates do. The President Mueller’s investigation, the pace of all ments and lies. There should never refused and continues to refuse to this that is just dizzy. So, here we are, 1 have been a Special Counsel appointed. day to turn over his tax returns. year into the work of Special Counsel Witch hunt.’’ So the question is: What is in there Mueller. On another occasion he said: to hide? What is the big deal? What is I am glad that Congressman PERL- Why don’t I just fire Mueller? Well, we’ll he afraid of us seeing in those tax re- MUTTER began his remarks by remind- see what happens. turns? ing us of the context of this issue; the Taken together, all of his various Today, it came out in the news that fact that what happened in the 2016 statements should be very troubling to the financial disclosure statement Presidential election was a big deal. It anyone who cares about the independ- shows a payment to Michael Cohen, his was unprecedented. A foreign adver- ence of our law enforcement agencies attorney, that he said he never made. sary maliciously interfered in our elec- and about the integrity of this criti- We have got to get to the bottom of tion with a specific intent to help one cally important investigation. these numbers, to the bottom of this candidate and to hurt another. They I am glad to stand with the gen- Russian interference. Mr. Mueller and placed a bet on Donald Trump. They tleman tonight and every night that the FBI need to conclude their inves- put their thumb on the scale in every we have had these Special Order hours tigation without any interference, way they could to help Donald Trump. to continue to make sure that our col- without any obstruction. For all of us Maybe that is why all along he has leagues here in the House know that as Americans, this applies to the very been reluctant to acknowledge what we are going to defend this investiga- core of what a democracy is, and that obviously happened. He doesn’t want to tion, that we are going to do every- is free, fair, and unimpeded elections. talk about it. He wants to write it all thing we can to make sure that our law So there are three key questions that off as a witch hunt and a conspiracy enforcement professionals and Special we keep asking. We ask our friends on theory. He probably feels a little defen- Counsel Mueller have the chance to the Republican side, particularly sive about that cloud of legitimacy in- fully find the evidence, wherever it Speaker RYAN and Senate Majority volving Russian interference. may lead, to get the truth out to the Leader MCCONNELL: Let’s move forward Based on what we know so far, there American people. We deserve nothing with investigations here in this Con- may be an even more sinister expla- less. gress. Why not? nation for some of his behavior. It may I am glad to see our colleague, JOE Let’s find out what is really going be that he—or, at least a lot of people COURTNEY from Connecticut, joining on. Let’s protect this investigation so very close to him—were actively work- the conversation. that threats by the White House to fire ing with the Russians as part of this. Mr. PERLMUTTER. Mr. Speaker, I Mr. Mueller, to fire Rod Rosenstein That is what the Mueller investigation thank my friend from northern Cali- from the Department of Justice—they is looking into and that is what the fornia, and his points are really well did fire individuals out of the FBI— American people have to find out. We taken. This investigation, rather than let’s let these detectives and these law have to know the full extent of exactly just sort of pushing some paper around, enforcement officials finish their job. what happened, no matter where those we have had other special counsel ap- But the questions are: What are they facts may lead. pointed from time to time and just in hiding? What are they afraid that peo- The truth is, at this 1-year mark in this—some of them take years. Wheth- ple will see? And why not let the detec- this historic investigation, this his- er it was the Contra affair, Watergate, tives and the law enforcement officers toric scandal, there is plenty of reason or whatever, it takes years and years. finish their job? to worry about what President Trump Here, really in 1 year, we have had 13 Let’s play this out and see exactly might do by way of trying to block and Russian either agencies or corporations what the facts are so we all know what stop and interfere with this investiga- and individuals indicted. We have had happened and how we can stop it from tion. It is not just us saying it. You can at least six or seven Americans in- happening again to make sure we have look at his own word. dicted in this whole process. free and fair elections. He has said at various times in re- Recently, I think within the last few I have been able to ask these ques- cent months: ‘‘At some point I will days, or maybe it was even today, Paul tions and participate in these Special have no choice but to use the powers Manafort, chairman of the Trump cam- Order hours with several of my friends. granted to the Presidency and get in- paign, objected to the indictment that One of those who has taken a keen involved.’’ he found himself under. He went to terest in protecting this investigation That is obviously a threat, whether court and said that Mueller had exceed- and making sure that the facts do that is using his pardon power or be- ed his authority by bringing the indict- come to light has been my friend, ginning to fire people in the Depart- ment. The judge said: No, that indict- JARED HUFFMAN from northern Cali- ment of Justice, the FBI, or even the ment stands. fornia. Special Counsel himself. There has been a lot of smoke. We Mr. Speaker, I yield to the gentleman He has threatened to reveal conflicts know that there is some fire creating from California (Mr. HUFFMAN), for of interest of the Special Counsel. Ob- that smoke. We have got to find that. some of his thoughts as to where we viously, this is a favorite tactic of We have got to find precisely what hap- are, because we have had many, many President Trump, trying to intimidate, pened. changes in terms of the lawyers who trying to posture with folks who he Mr. Speaker, I yield to my friend were representing either the White perceives as adversaries. from Connecticut (Mr. COURTNEY), who House or the President personally. He said on another occasion: has joined us and has got some They are gone. We have got new law- ‘‘Mueller is most conflicted of all (ex- thoughts about this that he will share. yers. Former District Attorney and cept Rosenstein who signed FISA & Mr. COURTNEY. First of all, I want Mayor Giuliani is now involved. Other Comey letter). No Collusion, so they go to thank Congressman PERLMUTTER people. The President’s personal law- crazy.’’ and Congressman HUFFMAN who have yer, Mr. COHEN, is now out and under These are the ravings of someone been, again, diligent in terms of com- investigation himself. There seems to who is acting very defensively. And I ing to the floor on a regular basis to be something happening pretty much would say as a former attorney—Con- push back against what is clearly a every day. I would like to get my gressman PERLMUTTER is a former at- pretty coordinated, concerted effort to friend’s thoughts about it. torney himself—it really speaks to a discredit the Mueller investigation. It Mr. HUFFMAN. Mr. Speaker, the consciousness of guilt. We would argue is really pretty disturbing on many gentleman from Colorado is right that that if we were in a court of law and we levels, fundamentally because it is an the pace of revelations and controver- had evidence of statements such as this attack on institutions within our coun- sies surrounding this Trump White repeatedly calling this investigation a try which we all took an oath to up- House and their personal financial and witch hunt. hold and defend.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00150 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.122 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4131 The rule of law is, frankly, one of the Manafort fell perfectly within the Trump may take the Fifth Amend- fundamental pillars of this country in charge that he was given by Assistant ment, which I think came out of no- terms of being a free society. When you U.S. Attorney Rosenstein, which, where. But why would he want to take have folks who, again, are holding pub- again, is to investigate other issues the Fifth Amendment? lic office going beyond just disagree- that ‘‘may arise from the investiga- Again, the question is: What is he ments of opinion regarding actions tion.’’ hiding? What is he afraid of? Let’s just that all of us as public officials have to Again, in the case of Manafort, we let law enforcement complete its work. be held accountable for, but really to are talking about somebody who was Mr. Speaker, I yield back to the gen- attack the institutions themselves, squarely within the intelligence com- tleman from California. which is clearly the drumbeat of criti- munity’s conclusion that the election Mr. HUFFMAN. Mr. Speaker, I have cism of the Mueller investigation and was basically under attack from Rus- a couple of thoughts. First of all, that where it is headed, is something that sians. Manafort’s connections to infamous Trump Tower meeting in really we need to speak out and push Ukrainian interests, which clearly June of 2016 just stinks to high heaven; back against. were sort of on the Russian side of the gentleman is absolutely right. Any- Again, the 1-year anniversary is, I Ukrainian politics, is just an obvious one who looks objectively at what we think, a very important moment to place for the special counsel to pursue. know about that meeting, anyone who step back and reflect in terms of where Again, as you point out, the number is not hosting a show on FOX News, at this investigation started and where it of indictments, the number of convic- least, would feel that there is a big, big is today. tions, clearly show that this is not a problem here and we have got to ask Again, if you go back a year ago and fishing expedition, it is not a witch some hard questions. Of course, Donald Trump, Jr., ini- look at the reaction that greeted this hunt. It is a serious prosecution whose tially outright lied about it, said it was appointment from, again, Republican every-step-of-the-way actions have about adoption. And then we saw the leaders, Newt Gingrich, Robert Mueller been ratified by the courts and also full text of the email exchange, making is a superb choice to be special counsel. ratified by the appointing authority, His reputation is impeccable for hon- it very clear that this was the front- Mr. Rosenstein. end part of a quid pro quo between the esty and integrity. It is time for all elected officials to Trump operation and the Russians, Speaker PAUL RYAN: ‘‘My priority step back and let this process proceed. that this was the offer of assistance, of has been to ensure thorough . . . inves- Again, the forensics on this in terms of dirt, of a bombshell on the Clinton tigations are allowed to follow the just the endorsements to Mr. Mueller’s campaign. And of course that was facts wherever they may lead. . . . The credibility and experience and knowl- addition of Robert Mueller as special greeted with enthusiasm by Trump, edge in this area scream out for all of Jr., who hastily arranged the meeting, counsel is consistent with this goal, us to respect the rule of law and let and I welcome his role at the Depart- brought in the top brass, said he was this investigation proceed. very excited about it if it is what he ment of Justice.’’ Mr. Speaker, I thank the gentleman thought it was. b 1945 for holding this event on the 1-year And then, when it proved not to re- Senator CORY GARDNER: milestone of the Mueller investigation. veal that bombshell, he immediately Robert Mueller had an incredible reputa- Mr. PERLMUTTER. Mr. Speaker, my expressed how disappointed he was, and tion. friend from Connecticut has reminded some phone calls ensued. One of those Senator ORRIN HATCH: me of something. And I think some- phone calls was from a restricted num- I commend the Department of Justice for thing that has really infuriated me is ber, and he claims he didn’t remember bringing an independent voice to help clarify the President’s attacks on the FBI, the exactly who that call was. Well, turns this situation. Federal Bureau of Investigation, our out his dad, our President now, has a The list goes on and on. And again, chief and top law enforcement agency restricted number. why not? I mean, Robert Mueller is in this country. And that is a knowable fact. If our somebody who has a record of service Is it perfect? Absolutely not. But are colleagues on the House Intelligence to this country going back to when he they doing their job to the best of their Committee were serious about this in- was a marine in Vietnam. He led a rifle ability to protect Americans, to pro- vestigation, they would find out who platoon, was wounded, received a Pur- tect America? Absolutely. And for the that phone call was to because it is one ple Heart as well as the Vietnamese President to sort of just continue to of the dots that could need to be con- Cross of Gallantry and two Navy Com- chip away and to excoriate the FBI be- nected around this very controversial mendation medals for his military cause it is undertaking an investiga- Trump Tower meeting. But they are service. tion that may implicate him in break- not interested at all. They didn’t ask He went on, obviously, to become a ing laws of the United States of Amer- those questions. They didn’t even re- distinguished legal practitioner. He ica, I think, is something that we quire Trump, Jr., to answer the ques- was appointed by President Bush to be haven’t seen. This investigation needs tions, and they have rushed to shut the head of the FBI and did such a to continue to do its work, to talk to down their investigation. great job that, after his 10-year term, witnesses, to determine what has oc- So that brings me to the other point. the U.S. Senate extended his term 2 curred here. We have all talked about the threats to years by a vote of 100–0. The Senate Judiciary today, or with- the Mueller investigation from Presi- So when you are talking about some- in the last day or two, released thou- dent Trump himself, but there is an- body who has really earned a reputa- sands of pages of testimony and infor- other threat from within these walls, tion for being, really, a pretty conserv- mation. One of the places that it from our colleagues on the House Intel- ative prosecutor, both in terms of his talked about was what happened at a ligence Committee, who have taken time as a U.S. attorney and also in meeting—I think it was at the Trump this sacred trust of oversight that we terms of his term as head of the FBI, Tower—in June of 2016, so 5 months, 6 have as Members of Congress and, un- we are dealing with someone who is be- months before the election, between a fortunately, compromised it to the yond reproach, frankly. Russian attorney. I think another Rus- level that they seem to simply be And as was pointed out by Mr. PERL- sian was there; Paul Manafort, the fronting for the President instead of MUTTER, the decision came down at the chairman of the campaign; Jared doing a genuine investigation. Washington, D.C., district court by Kushner, son-in-law of the President; Unlike their colleagues in the Senate Federal Judge Amy Berman Jackson in and Donald Trump, Jr., his son. who at least acknowledge the obvious, a 37-page opinion which, again, pushed There is a lot of concern about what that Russia was trying to help Presi- back very powerfully about the notion actually occurred in that particular dent Trump in its interference, their that somehow he has strayed from his meeting. There is a lot of material here report doesn’t even say that. And then mission that the Department of Justice that is very, very troubling. they include a gratuitous statement gave him. I know my friend from California has that they find no evidence of collusion, Again, her decision, just in case after thought about this. He has thoughts despite everything we have been talk- case, points out that the indictment of about Mr. Giuliani saying that Donald ing about, everything that is already in

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00151 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.123 H16MYPT1 H4132 CONGRESSIONAL RECORD — HOUSE May 16, 2018 the public record. We have got a real this floor, keeping this country safe. advisor for Trump campaign; Richard problem within these walls that also They are involved in investigations of Pinedo; Alexander van der Zwaan—all threatens the investigation. mass shootings. You see the FBI jack- indicted, sentenced, or at least pled Mr. PERLMUTTER. Mr. Speaker, the ets when these events happen, and they guilty. Indicted still: the campaign gentleman talked about quid pro quo, were in Connecticut when Sandy Hook chairman, Paul Manafort; 13 Russian and the thing that I am worried about, took place. nationals; and 3 Russian entities. I serve on the Terrorism and Illicit Fi- I would just say, from a personal This investigation needs to get to the nance Subcommittee of the Committee standpoint, my parents both served in bottom of all of this. We have got to on Financial Services, where we deal a the FBI. My dad was a G-man back in try to figure out: Is there anything lot with sanctions: sanctions against the day, and my mother actually was a being hidden? Is there anything that North Korea, sanctions against Iran, clerical worker there. That is how they we, as Americans, should know about sanctions against China, sanctions met, actually. So I guess you could say this interference that we don’t know against Russia. With Russia having I was born under the watchful eye of today? And our law enforcement offi- gone into Ukraine, Russia having gone the FBI. cers, from Robert Mueller to the FBI to into Crimea, and then Russia having But the fact of the matter is that he the cop on the beat, need to be allowed interfered with our elections, a lot of was somebody who was very proud of to finish this investigation. sanctions are out there, but this ad- his service. Again, it was during World Mr. Speaker, I want to thank my ministration seems to be using kid War II. His job was actually tracking friend from California and my friend gloves in applying them. fifth columnists in the U.S. who were from Connecticut. I yield to my friend Mr. HUFFMAN. Mr. Speaker, if the looking to cause sabotage to critical from Maine (Ms. PINGREE) because she gentleman would yield. facilities in the country. seems to be ready to go here. I don’t Mr. PERLMUTTER. Yes, I yield to Again, there are always, in every or- know about her two colleagues, the one the gentleman from California. ganization, instances where there are from New York and the one from Or- Mr. HUFFMAN. Mr. Speaker, the bad apples. But the fact of the matter egon, because they seem to be kind of gentleman has just hit on the ‘‘quo.’’ is, as an institution, in terms of law getting ready but not nearly as ready We talked about the ‘‘quid’’: the solici- enforcement, these agents are out as my friend, Congresswoman PINGREE. tations from Russia. Through there every single day protecting this Mr. Speaker, I yield to my friend Papadopoulos, even earlier, in April, country; and to attack not just an indi- from Maine. the spring of 2016, those solicitations vidual decision but an institution is, Ms. PINGREE. Mr. Speaker, I thank were welcomed and embraced by the again, the real sort of level that we are Mr. PERLMUTTER for yielding, and I highest levels of the Trump campaign, watching happen here with the thank him for, really, the eloquent possibly even Mr. Trump himself. We pushback on the Mueller investigation, conversation he has been having for need to nail down that phone call and and it is just totally unacceptable. the last half an hour about the extreme a few other details. As I said, on the 1-year anniversary, importance of the investigation that is But now we are talking about the it has proved its credibility, the going on and recognizing the fact that ‘‘quo’’ part: what would Russia get in Mueller team, in terms of concrete, this is the 1-year anniversary, and ob- return? And we know from undisputed real results. And the courts and, as I viously, we still have a long ways to evidence that Mike Flynn was working said, the Department of Justice have go. This is a very critical issue, and we on sanctions relief even before they repeatedly reconfirmed and reaffirmed need to continue to support Robert took office, during the transition, vio- the rationale for the creation of the Mueller and the work that he is doing, lating, apparently, the Logan Act as he Mueller investigation and the fact that and I am very grateful for all that is was doing it. We know that this Presi- it is operating totally within the mis- going on. dent and others in his administration sion and charge that was given. May 17 is not only the first anniver- have bent over backwards to try to cut So I think it is important for all of sary of that investigation, but it is also Russia breaks on these sanctions. us to continue to raise our voices and the day we started the debate on the So, Mr. Speaker, the gentleman is ex- defend the rule of law and institutions farm bill. And for those of you who actly right to focus on that obvious that are out there to protect our Con- have been following this, you will see piece, the ‘‘quo’’ part of this seeming stitution and our democracy. that this week there are going to be quid pro quo. That is another reason Mr. PERLMUTTER. Mr. Speaker, we amendments and general debate around why we have to let this investigation will wrap up this portion of our Special this particular bill. I have also been run its course: so that we can find out Orders because I know we have another joined by a couple of my colleagues exactly what happened here. subject that Ms. PINGREE and Mr. BLU- from SEEC, the Sustainable Energy Mr. PERLMUTTER. Mr. Speaker, I MENAUER and Mr. TONKO would like to and Environment Coalition, because we know my friend from Connecticut has address. want to talk specifically tonight about some other thoughts, so I yield to him. Mr. Speaker, the seriousness of this how this farm bill harms the environ- Mr. COURTNEY. Mr. Speaker, real subject can’t be overstated: the impact ment and conservation. briefly, again, as I mentioned earlier on elections; the trust in our system of You are going to hear all kinds of and the two gentlemen have alluded to, elections; the trust in our law enforce- things about the farm bill. Some of the we are talking about an effort to dis- ment; the trust in our courts; the most egregious challenges are within credit the Mueller investigation that I trust, which is attacked by this Presi- the nutrition title, which takes up think, really, as all Americans, we dent and too many others, of our insti- about 80 percent of the resources of the really should be concerned about the tutions of the press, whether it is The farm bill. But it is very important to questions about whether or not our Washington Post or The New York talk about the role of the environment court system is truly fair, whether or Times or somebody investigating. not the FBI, the leading law enforce- And it goes to trust of this Nation in this bill. ment agency of this country, is cor- and what we have formed. And when A lot of people don’t think about the rupt, which is, again, some of the lan- you have got outside influences like farm bill as an environmental bill, but guage that has been sort of tossed Russia sticking their nose in our busi- actually, farmland accounts for over 40 around by the President’s defenders. ness and trying to put their thumb on percent of our Nation’s land, and what The harm that does in terms of really the scale as to who should run this Na- happens to farms and working forests basic institutions in this country is tion, I can’t think of a higher crime. has a huge impact on water quality, on something that I just think you can’t wildlife, on environmental health, and treat as normal political discourse. We b 2000 the farm bill contains many provisions, are talking about real long-lasting And we know the National Security some of which people don’t often know harm to the country. Advisor for Donald Trump, Michael that much about, that are important to Right now there are FBI counterter- Flynn, indicted; Rick Gates, campaign conservation programs for farmers. rorism agents who are hard at work, advisor for the Trump campaign; Farmers understand why it is impor- literally, as we are standing here on George Papadopoulos, foreign affairs tant to care for the land that takes

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00152 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.125 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4133 care of them. They know that con- about a few more of them—that will lot about, whether it is conversations servation practices ensure that the re- hurt farmers and the health of rural about milk or eggs or local control, source remains sustainable while help- communities in many ways, and these which is really sort of at the heart of ing them to save money, preparing for have no place in the farm bill. her concern about this bill, that, you environmental issues like drought and One of them that I have heard a lot know, Maine, and its local govern- extreme weather. Conservation prac- about from my constituents—and there ments and the State as a whole, cares tices that sequester carbon in the soil, is a lot of talk about—is the King about its environment and it cares put more organic matter in the soil, amendment—the gentleman from Iowa about its agriculture. And she, as a have a huge impact on our ability to (Mr. KING)—that would preempt local Representative, makes that clear to sequester carbon, which we all know is and State laws, which would preempt the rest of us how important it is to very important to issues around cli- many of those laws that impact pes- her State. mate change. ticides and animal welfare. So I thank the gentlewoman from I just want to go over a few of the Now, Maine, where we are a very out- Maine, and I now yield to my friend highlights, or you could say the low spoken State, we believe in agri- from Oregon (Mr. BLUMENAUER). lights, of this bill when it comes to en- culture, and we care deeply about the Mr. BLUMENAUER. Mr. Speaker, I vironmental practices, and then I am environment. We already have 30 com- appreciate the gentleman’s courtesy in happy to share with several others who munities that have local pesticide laws allowing us to join in this conversa- would like to talk about some of the restricting pesticides. That would be tion, and I strongly identify with what programs, and we will have a little dia- eliminated under this because they the Representative from the other logue about it. would be preempted. Portland just said. One of the things that happens is it We have other laws about crate sizes, In fact, North Haven, I am reflecting eliminates the Conservation Steward- breeding crate sizes, puppy mills; any right now that, in 3 short months, dur- ship Program. These are financial in- of those kinds of things that regulate ing the summer recess, I plan on sit- centives for farmers to implement animal practices, States would no ting on a deck looking out at North long-term conservation practices that longer be allowed to do. This is not a Haven and enjoying looking for those benefit wildlife and natural resources, good States’ rights issue. It is bad for eagles that have been rescued and are which also help their bottom line. the issues that we care about, and we very much in evidence in her beautiful Elimination of this program is about $1 should not allow this amendment to part of the country. billion cut for conservation. pass. She is not just an advocate for the Also, within the program, they are There are also a variety of issues environment and for agriculture; she is folding in the Conservation Steward- that would impact the Endangered Spe- a practitioner. And I have had an op- ship Program into another program cies Act. Now, we are lucky in Maine. portunity to tour her magnificent farm called EQIP, and these two programs Since 1978, when the impacts of DDT in North Haven that is really a model will be worked together. And while had reduced the number of bald eagles of sustainability, showing really what maybe that sounds like it is stream- to about 20 nesting pairs, once that was value-added agriculture is, reclaiming lining in Maine, we are worried that eliminated and there was no more the history of that island in terms of they will have far less in resources DDT, fast forward to today, in the last the bounty of the land. overall. count, we have 500-plus bald eagles in But that doesn’t happen by accident. In Maine, programs have been par- our State. Almost everywhere in our It takes commitment and follow- ticularly important to helping what State you can see a bald eagle out through and, step by step, trying to has been a growth in small farms in there fishing, doing its work. harness the forces of sound agricul- our State and more resources to our Well, the language in this bill would tural policies, good environmental farmers. People have built hoop houses, say that when reviewing pesticides and stewardship to be able to add value which extend our season and allow you herbicides, there would no longer be while it protects the environment. to grow more in the early season and any requirement for the EPA to con- So I am looking forward to seeing her into the late season, helped with wells, sult expert wildlife agencies to identify handiwork again this summer, and I composting facilities, a variety of and minimize impact to endangered deeply appreciate her leadership to- other things. Now we are going to com- species. Many of us are deeply worried night in terms of the environment, bine those programs, have less in re- about the effect on pollinators like what she cares about in terms of nutri- sources, and farmers will just be fight- bees and butterflies, which are criti- tion, celebrity chefs. There are a whole ing for far less dollars. cally important to agriculture. We range of things, and it underscores why The bill also eliminates a lot of man- can’t exist without pollinators, and we are here talking about the farm bill. datory funding. And one program I this is a terrible time to put them in It is the most important legislation wanted to mention was the REAP pro- further danger. that most Americans pay no attention gram, Renewable Energy for America I will just mention one more and to. It is the most important piece of Program. I think many of us really then yield to a couple of my colleagues legislation that, sadly, few in the care about renewable resources and al- who are ready to speak. One provision House of Representatives really drill lowing our farms and rural businesses in the farm bill would undermine the down and look at what is in it. It will to have more energy efficiency, use al- National Environmental Policy Act, be the most important health bill that ternative energy improvements. This that is, NEPA. Again, those are criti- this Congress will pass or consider for helps to reduce their environmental cally important reviews that go on in the remainder of this session. We still impact, and, again, their costs. It is anything that we do. To weaken that subsidize a diet that makes Americans very difficult to make a good living on would harm our communities, our envi- sick, paying too much to the wrong a farm, and that has to be factored in ronment, and our public health. people to grow the wrong food in the as well. So I have done a little bit of a broad wrong places, and it is the most impor- In Maine, the REAP program has overview, and I could talk about things tant environmental bill, bar none. helped install solar power, helped that frustrate me in this farm bill all If you care about emissions of green- maple syrup producers reduce energy night long, but I want to yield to one house gasses, the agriculture sector costs, generated energy from biomass, of my great colleagues from the State plays a role—9 percent, it is claimed built more efficient processing sys- of Oregon, someone who represents the statistically. But if you factor in all of tems, built an anaerobic digester, and other Portland, as we say. I have the the inputs in terms of pesticides and so much more. So this is also a very first Portland. transportation, refrigeration, you will critical program that is now going to Mr. Speaker, more importantly, I find that it is far greater than that, be changed in the way it is funded, and yield back to my friend from Colorado. and these are elements that are within that means we can’t count on it going Mr. PERLMUTTER. Mr. Speaker, I our control. into the future. thank my friend from Maine. The farm The gentlewoman referenced the con- There are a lot of policy riders—and bill—and agriculture and the environ- servation programs. It is interesting to I am hoping my colleagues will talk ment—is always something she cares a me, in reading the guidance that the

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00153 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.126 H16MYPT1 H4134 CONGRESSIONAL RECORD — HOUSE May 16, 2018 administration has put out about the gram that has been successful to help tion between our old-growth forests farm bill and what they tout, they preserve over 70 million acres, is, and public roads, and hydropower want to promote independence. They frankly, inexcusable. The Conservation projects. Its application in Alaska has don’t want to support dependency. Stewardship Program supports farm- a very positive impact on community They want to have higher performance ers, ranchers, and owners of forests access and economic development, and standards for projects that they are in- who want to pursue high-level con- we need to maintain the rule. volved with, yet the farm bill that is servation stewardship activities. It is As representatives and stewards of being considered now by the Repub- important to protect our watershed our forests, under the U.S. Department licans undercuts performance stand- that our towns and communities rely of Agriculture, it is absolutely critical ards. on, to keep our air clean, to sequester to protect our public lands. From the When we eliminate, as the gentle- carbon, to maintain diverse habitats Clean Water Act to NEPA, which this woman said, the Conservation Reserve for wildlife, and, yes, to keep our farms bill would devastate for projects that Program, only one out of four con- productive and sustainable in the long are 6,000 acres or less, to the Endan- servation grants is currently funded. term. gered Species Act, which has had so There is not enough money, and they Working lands conservation pro- many great successes, we need to pro- are going to reduce it $1 billion more grams are so popular that the Natural tect the tools we have to secure a safe while eliminating the Conservation Resources Conservation Service wound environment and a diverse habitat for Stewardship Program. It is also stun- up having to have a waiting list. It had our wildlife. ning when there is an opportunity to to turn away almost three-quarters of Mr. Speaker, I want to thank my col- provide performance standards for con- the qualified applicants. Under the pro- league from Colorado, and others, for servation. posal today it would have to turn away speaking out on the important environ- I have offered an amendment before 100 percent of applicants. mental provisions in this bill. Now, they claim that they are con- the Rules Committee that would apply Mr. PERLMUTTER. Mr. Speaker, I conservation standards, that you get solidating some programs into the En- vironmental Quality Incentives Pro- thank my friend from Colorado for conservation funding if you produce re- bringing up these important points, sults. But that is not the way it works gram, or EQIP, but, frankly, those programs are very different. Whereas, the and I wish him well as he goes on about now. a campaign for Governor in the State The EQIP program, which hands out Conservation Stewardship Program helps farmers and ranchers implement of Colorado. grants to help farmers improve the en- Mr. Speaker, I yield to the gentleman vironment, you look at the practices advanced conservation and stewardship systems to help preserve and protect from New York (Mr. TONKO), my friend, that are authorized under this bill, again, a tireless advocate for the envi- that are funded under this bill, there the resources on their lands. EQIP is more of an introduction or ronment. Obviously, New York pro- are six or eight of them that actually on-ramp to working lands conserva- duces, especially in his part of the hurt the environment. They are not re- tion. It is on a one-time basis to help a State, a lot of farms and a lot of agri- quired to enhance their environment. specific conservation practice. It is not culture. This is a subject that he We pay for things like fencing and hog a program that designed, nor does it knows well. lagoons for big operations that ought provide, assistance for long-term sus- Mr. TONKO. Mr. Speaker, I thank to be able to pay their own way, and tainability. the gentleman from Colorado (Mr. they take that money that would be That is why the Conservation Stew- PERLMUTTER) for yielding. available to other farmers and ranchers ardship Program is so important for Mr. Speaker, I speak, this evening, to be able to fund programs that would our forest health. Switching gears to joining with some members of SEEK. actually enhance the environment. our national forests, it seems that You heard earlier from the gentle- I deeply appreciate the gentle- some Members of this body are still woman from Maine, who spoke of the woman’s leadership, and I appreciate seeking to erode protections for our na- SNAP cuts, the nutrition cuts. Con- what my friend from Colorado has of- tional forests. gresswoman PINGREE is absolutely fered up. We have other colleagues here One example in this bill, the Tongass right: It is a big portion of the farm who have some things to say. I will National Forest, in Alaska, which is bill. hang tight for a moment in case we run one of the crown jewels of our National But, beyond that, I am horrified with out of speakers, but I want to cheer Forest System, faces a huge threat this current farm bill that proposes folks on because it is time that we put with two amendments. One of those many harmful provisions that would the spotlight on this egregious bill, the amendments in the bill, which was al- completely disregard some very bed- King amendment, the lack of account- ready ruled in order last night without rock environmental laws. As one of the ability, and wasteful spending. any debate, would exempt all of the cochairs of SEEK, which aims for sus- b 2015 Federal forests in Alaska—more Fed- tainable outcomes for energy and envi- eral forests than any State in the coun- ronment policy, you must speak to this Mr. PERLMUTTER. Mr. Speaker, I try—to one of the most important con- bill, because it is so dreadful as it re- thank the gentleman from Oregon for servation safeguards: the 2001 Roadless lates to our environmental and energy those comments, who, as always, is Area Conservation Rule. very knowledgeable and passionate The second amendment would over- policy. about the things that really matter to turn the Tongass forest plan, which This bill weakens environmental and most Americans, and I thank him for protects roadless areas and other eco- public health protections against pes- being such an advocate for the environ- logically important lands from ticides, many of which were established ment, always, every day. unsustainable logging, and charts a to protect the health of our children. Mr. Speaker, I yield to the gentleman transition away from taxpayer sub- Those protections that would be de- from Colorado (Mr. POLIS), my friend. I sidized, industrial scale, old-growth stroyed by this farm bill include allow- know Mr. POLIS has some things he logging, to better and new forms of sus- ing companies to spray pesticides into would like to add to this conversation. tainable economic development. our waterways without even obtaining Mr. POLIS. Mr. Speaker, I thank the Our country’s old-growth forests are, a Clean Water Act permit, endangering senior gentleman from Colorado for the frankly, a National treasure. Clear-cut- sources of drinking water and places time. ting ancient forests not only com- where we swim and where we fish; pre- Mr. Speaker, I want to discuss a cou- promises our public lands; but it dev- empts local governments from taking ple of the terrible conservation and en- astates and fragments habitat for wild- steps to protect their communities vironmental bills that affect the dis- life, it introduces invasive species that from pesticides; and weakens protec- trict I represent, our State, and our compete with native species; and, yes, tions for endangered species by elimi- country. it pollutes the drinking water supplies nating the requirement to consult with As the gentleman from Oregon men- for as many as 60 million people. Federal wildlife experts. tioned, the elimination of the Con- The Roadless Rule is very important These pesticides can elevate the risk servation Stewardship Program, a pro- because it provides a balanced protec- of cancer and other chronic diseases.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00154 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.128 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4135 Removal of Clean Water Act protec- the environment and about concerns plans in practice is very important. As tions, and the preemption of local ef- about chemicals, the effects on public the previous speaker highlighted, too, forts to protect communities, puts our health, the effects on the environment, the demand is overwhelming. Three out public health at great risk. and I thank him for his advocacy. of every four farmers nationwide apply- The International Agency for Re- Mr. Speaker, I yield to the gentleman ing for conservation funding assistance search on Cancer in 2015 classified the from Wisconsin (Mr. KIND), my friend, are currently turned away because of pesticide glyphosate as a probable for his thoughts on this particular sub- the inadequacy of resources. human carcinogen. The United States ject, a gentleman who is an outdoors- By eliminating the Conservation Geological Survey routinely finds man, and talks about the farms and the Stewardship Program and rolling it glyphosate in our United States water- cheeses of Wisconsin. He is here as a into the EQIP program eliminates $800 ways. real advocate for his State. I am sorry million worth of base funding. This EPA’s scientific review found that that he has had the Green Bay Packers comes on the heels of the previous farm the pesticide chlorpyrifos in water and and they have fallen on hard times. bill, where there were $8 billion worth on food is unsafe for children and in- Mr. KIND. Mr. Speaker, even with of cuts under the conservation title. creases the risk of learning disabilities. that introduction, I thank my very We are not stepping up to address the Prenatal exposures to this chemical good friend and colleague from Colo- need that exists in farm country; in- are associated with reduced IQ and de- rado for holding this Special Order. stead, we are rolling it back even fur- layed motor development. Whenever I am honored actually to be on the ther. chlorpyrifos is sprayed, it can cause House floor with so many of my es- But the problems with this farm bill immediate and long-term health harms teemed colleagues, who have taken a don’t just end under the conservation to kids, to farmers, to farmworkers, back seat to no one when it comes to title. Under title I commodity pro- and others who are exposed. standing up for our natural resources: grams, they are lifting the payment These provisions also put our wildlife for the conservation title, specifically, limitation caps that had been in exist- at risk. Decades ago, bald eagles and of this farm bill. And I am looking at ence for some time. Now, pass-through peregrine falcons were brought to the the gentlewoman from Maine (Ms. PIN- entities will be able to qualify for these brink of extinction by the pesticide GREE) and the work that she has done subsidy payments. DDT. on agriculture policy throughout the I think the average viewer, and aver- To address such issues, the EPA is re- years, and her service to her district: age taxpayer, would be shocked to see quired, under the Endangered Species the introduction of the local Farms the mailing addresses for these com- Act, to consult with the expert Federal Act that she has worked on in a bipar- modity subsidy programs going to New wildlife agencies when approving tisan fashion. My friend from Oregon, York, Chicago, and San Francisco, end- chemicals that can harm endangered who is one of the foremost thinkers ing up on the doorsteps of multi-mil- species. This bill eliminates that re- and leaders when it comes to environ- lionaires and billionaires, who are requirement, threatening endangered mental policy, but the impact on our ceiving government subsidies under the wildlife and hindering recovery of im- family farms throughout our country. commodity program. That is wrong. periled species. This is an important moment, be- These people won’t even set foot on a Our farm bill is about supporting cause this is one of the more important family farm. Rolling back any protec- farmers, strengthening communities, bills that we have to consider in this tions that exist under the multiple en- and providing food for America. Roll- session of Congress: the renewal of the tity rule, which means that husbands, ing back public health and wildlife pro- farm bill. We have a chance every five wives, daughters, sisters, sons, aunts, tections has no place in this bill. or six years to take a look at the pro- and uncles can qualify for the same The cuts of $23-plus billion in SNAP gram to see what is working, what payments, is also wrong. benefits, kicking an estimated 1 mil- isn’t, and fix what isn’t working to Finally, there is an opportunity to lion households off of the program and make sure that we are empowering our tighten the crop insurance program. affects 265,000 children out of free farmers with the tools and resources Right now, it is prohibited from even school meals is torturous in its own that they need to be successful. tracking these crop insurance premium right. I come from one of the largest agri- Someone, today, earlier said: When I culture producing districts in the Na- subsidies. You can’t even track it to was a kid, my money for food pro- tion, in rural western and north-cen- the individual. grams, for lunch programs was taken tral Wisconsin. It has been tough in If there is one thing that this farm by the school. Now Congress is taking farm country in the last few years, bill should demand is complete trans- the money for school lunch programs given where commodity prices have parency. The American taxpayer de- away from the kids. been, and, yes, where milk prices have serves to know where their tax dollars Cuts of $800 million in conservation been falling for the last 3 years. It is are going, but they can’t now under the funding are devastating to our environ- very difficult for these individual enti- crop insurance program. That is some- ment, and the cutting of vital funding ties and family farms to succeed with thing else that I am trying to fix with for renewable energy and energy effi- this very tough market that they are an amendment. We are going to find ciency in our rural communities, which facing right now. out later today what amendments are will eliminate the Rural Energy for That is why taking our time to get made in order to try to improve this America Program, is going to be a this farm bill done right is the appro- bill. It may be beyond salvage at this great consequence of this bill. priate thing to do. But, unfortunately, point coming out of the House, but we Mr. Speaker, I was compelled to the farm bill in its current form misses still have time later this year to do the come to the floor and join with my col- the mark in so many areas. right thing to make sure that this farm leagues as a member of SEEK that is There has been a lot of discussion bill speaks to the needs of our family looking for sustainable energy and en- about what is happening under the con- farmers back home and not to the pow- vironment outcomes to speak against servation title, the elimination of the erful special interests here in Wash- this bill, which is going to hurt the Conservation Stewardship Program, ington. progress over the last decades that which has worked incredibly well, and Mr. Speaker, I thank my colleague speaks to agriculture in America, has been very successful for my family again for yielding me this time. farming in America, and the quality of farmers in Wisconsin. I come from a Mr. PERLMUTTER. Mr. Speaker, I life for children and families across very hilly area with bluffs and coulees: thank my friend from Wisconsin for this great land. a lot of highly sensitive and erodible those comments. He makes so many Mr. PERLMUTTER. Mr. Speaker, I land and a lot of water source. good points, and he does it in a way thank my friend from New York for Being able to use a Conservation that really is understandable by all of those comments. I can say, to those Stewardship Program that is built in us. who are listening, that Mr. TONKO for the flexibility for what my farmers Mr. Speaker, I yield to the gentleman serves on the Science, Space, and Tech- need, and the technical assistance that from Oregon (Mr. BLUMENAUER), my nology Committee and speaks up about they need, to put good conservation friend, if he wishes, to close.

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00155 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.130 H16MYPT1 H4136 CONGRESSIONAL RECORD — HOUSE May 16, 2018 b 2030 EXECUTIVE COMMUNICATIONS, Protection Agency, transmitting the Agen- ETC. cy’s final rule — Approval and Promulgation Mr. BLUMENAUER. Mr. Speaker, I of Implementation Plans; New Jersey; Motor thank the gentleman for yielding. I ap- Under clause 2 of rule XIV, executive Vehicle Enhanced Inspection and Mainte- preciate that. communications were taken from the nance Program [EPA-R02-OAR-2017-0101; It has been fun working with Con- Speaker’s table and referred as follows: FRL-9977-61-Region 2] received May 7, 2018, gresswoman PINGREE, with my friend 4850. A letter from the Under Secretary, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law RON KIND, looking at these programs Comptroller, Department of Defense, trans- 104-121, Sec. 251; (110 Stat. 868); to the Com- over the years. mitting a status report on the account bal- mittee on Energy and Commerce. 4859. A letter from the Director, Regu- There is a great essay written by ance in the Defense Cooperation Account, as of March 31, 2018, pursuant to 10 U.S.C. latory Management Division, Environmental Marion Nestle, an author, a professor 2608(e); Public Law 101-403, Sec. 202(a)(1) (as Protection Agency, transmitting the Agen- of nutrition at NYU, and the title of amended by Public Law 112-81, Sec. 1064(7)); cy’s final rule — Air Plan Approval; Georgia; the essay is ‘‘The Farm Bill Drove Me (125 Stat. 1587); to the Committee on Armed Regional Haze Plan and Prong 4 (Visibility) Insane.’’ As she tried to actually teach Services. for the 2012 PM2.5, 2010 NO2, 2010 SO2, and a class about the farm bill to graduate 4851. A letter from the Director, Defense 2008 Ozone NAAQS [EPA-R04-OAR-2016-0315; students, she dove into it and found Pricing/Defense Procurement and Acquisi- FRL-9977-49-Region 4] received May 7, 2018, that it was just hopelessly complex. tion Policy, Department of Defense, trans- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law mitting the Department’s final rule — De- 104-121, Sec. 251; (110 Stat. 868); to the Com- What I appreciate about working fense Federal Acquisition Regulation Sup- mittee on Energy and Commerce. with the gentlewoman from Maine and plement: Promoting Voluntary Post-Award 4860. A letter from the Director, Regu- the gentleman from Wisconsin is it Disclosure of Defective Pricing (DFARS Case latory Management Division, Environmental doesn’t have to be that complex. 2015-D030) [Docket: DARS-2015-0051] (RIN: Protection Agency, transmitting the Agen- We ought to be able to strip this 0750-AI75) received April 30, 2018, pursuant to cy’s final rule — State of North Dakota Un- away, have a full and honest debate, 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. derground Injection Control Program; Class and get to the basics that make the 251; (110 Stat. 868); to the Committee on VI Primacy Approval [EPA-HQ-OW-2013-0280; FRL-9976-92-OW] received April 24, 2018, pur- most difference for the American pub- Armed Services. 4852. A letter from the Director, Defense suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- lic. Pricing/Defense Procurement and Acquisi- 121, Sec. 251; (110 Stat. 868); to the Committee Hopefully this thing will collapse, tion Policy, Department of Defense, trans- on Energy and Commerce. and we will have some time this year mitting the Department’s final rule — De- 4861. A letter from the Director, Regu- to work on it and make it better. fense Federal Acquisition Regulation Sup- latory Management Division, Environmental Mr. PERLMUTTER. Mr. Speaker, I plement: Amendments Related to Sources of Protection Agency, transmitting the Agen- yield back the balance of my time. Electronic Parts (DFARS Case 2016-D013) cy’s direct final rule — New York: Incorpora- [Docket: DARS-2016-0014] (RIN: 0750-AI92) re- tion by Reference of State Hazardous Waste f ceived April 30, 2018, pursuant to 5 U.S.C. Management Program [EPA-R02-RCRA-2018- 0034; FRL-9974-06-Region 2] received April 24, RECESS 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on Armed Serv- 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public The SPEAKER pro tempore (Mr. ices. Law 104-121, Sec. 251; (110 Stat. 868); to the GAETZ). Pursuant to clause 12(a) of rule 4853. A letter from the Chairman, National Committee on Energy and Commerce. I, the Chair declares the House in re- Credit Union Administration, transmitting 4862. A letter from the Director, Regu- latory Management Division, Environmental cess subject to the call of the Chair. the Administration’s 2017 Annual Report, pursuant to 12 U.S.C. 1752a(d); June 26, 1934, Protection Agency, transmitting the Agen- Accordingly (at 8 o’clock and 31 min- ch. 750, title I, Sec. 102(d) (as amended by cy’s final rule — Chlormequat Chloride; Pes- utes p.m.), the House stood in recess. Public Law 95-630, Sec. 501); (92 Stat. 3680); to ticide Tolerances [EPA-HQ-OPP-2016-0661; f the Committee on Financial Services. FRL-9974-42] received April 24, 2018, pursuant 4854. A letter from the Secretary, Depart- to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, b 2140 ment of Education, transmitting the Depart- Sec. 251; (110 Stat. 868); to the Committee on ment’s final rule — Definitions and Selection Energy and Commerce. AFTER RECESS Criteria that Apply to Direct Grant Pro- 4863. A letter from the Director, Regu- The recess having expired, the House grams (RIN: 1855-AA13) received April 26, latory Management Division, Environmental was called to order by the Speaker pro 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public Protection Agency, transmitting the Agen- Law 104-121, Sec. 251; (110 Stat. 868); to the cy’s final rule — Bacillus subtilis strain tempore (Mr. WOODALL) at 9 o’clock Committee on Education and the Workforce. FMCH002; Exemption from the Requirement and 40 minutes p.m. 4855. A letter from the Director, Regu- of a Tolerance [EPA-HQ-OPP-2017-0186; FRL- f latory Management Division, Environmental 9971-55] received April 24, 2018, pursuant to 5 Protection Agency, transmitting the Agen- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. REPORT ON RESOLUTION PRO- cy’s final rule — Konjac glucomannan; Ex- 251; (110 Stat. 868); to the Committee on En- VIDING FOR FURTHER CONSID- emption from the Requirement of a Toler- ergy and Commerce. ERATION OF H.R. 2, AGRI- ance [EPA-HQ-OPP-2017-0249; FRL-9976-60] 4864. A letter from the Director, Regu- CULTURE AND NUTRITION ACT received May 7, 2018, pursuant to 5 U.S.C. latory Management Division, Environmental OF 2018 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Protection Agency, transmitting the Agen- Stat. 868); to the Committee on Energy and cy’s final rule — Bacillus licheniformis Mr. SESSIONS, from the Committee Commerce. strain FMCH001; Exemption from the Re- on Rules, submitted a privileged report 4856. A letter from the Director, Regu- quirement of a Tolerance [EPA-HQ-OPP- (Rept. No. 115–679) on the resolution (H. latory Management Division, Environmental 2017-0185; FRL-9971-54] received April 24, 2018, Res. 900) providing for further consider- Protection Agency, transmitting the Agen- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law ation of the bill (H.R. 2) to provide for cy’s final rule — Duddingtonia flagrans 104-121, Sec. 251; (110 Stat. 868); to the Com- strain IAH 1297; Exemption from the Re- mittee on Energy and Commerce. the reform and continuation of agricul- quirement of a Tolerance [EPA-HQ-OPP- 4865. A letter from the Director, Regu- tural and other programs of the De- 2017-0294; FRL-9977-31] received May 7, 2018, latory Management Division, Environmental partment of Agriculture through fiscal pursuant to 5 U.S.C. 801(a)(1)(A); Public Law Protection Agency, transmitting the Agen- year 2023, and for other purposes, which 104-121, Sec. 251; (110 Stat. 868); to the Com- cy’s final rule — Approval of State Plans for was referred to the House Calendar and mittee on Energy and Commerce. Designated Facilities and Pollutants; Mis- ordered to be printed. 4857. A letter from the Director, Regu- souri; Hospital, Medical, and Infectious latory Management Division, Environmental Waste Incineration (HMIWI) Units [EPA-R07- f Protection Agency, transmitting the Agen- OAR-2018-0005; FRL-9977-10-Region 10] re- ADJOURNMENT cy’s final rule — Approval and Promulgation ceived April 24, 2018, pursuant to 5 U.S.C. of Implementation Plans; Texas; Revisions 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Mr. SESSIONS. Mr. Speaker, I move to Permitting and Public Participation for Stat. 868); to the Committee on Energy and that the House do now adjourn. Air Quality Permit Applications [EPA-R06- Commerce. The motion was agreed to; accord- OAR-2017-0124; FRL-9976-95-Region 6] re- 4866. A letter from the Director, Regu- ingly (at 9 o’clock and 41 minutes ceived May 7, 2018, pursuant to 5 U.S.C. latory Management Division, Environmental Protection Agency, transmitting the Agen- p.m.), under its previous order, the 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on Energy and cy’s direct final rule — Approval and Pro- House adjourned until tomorrow, Commerce. mulgation of Implementation Plans; Texas; Thursday, May 17, 2018, at 10 a.m. for 4858. A letter from the Director, Regu- Control of Air Pollution from Visible Emis- morning-hour debate. latory Management Division, Environmental sions and Particulate Matter [EPA-R06-OAR-

VerDate Sep 11 2014 05:49 May 17, 2018 Jkt 079060 PO 00000 Frm 00156 Fmt 4634 Sfmt 0634 E:\CR\FM\K16MY7.132 H16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — HOUSE H4137 2017-0519; FRL-9977-04-Region 6] received mittee on Transportation and Infrastruc- quently determined by the Speaker, in each April 24, 2018, pursuant to 5 U.S.C. ture. case for consideration of such provisions as 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 4875. A letter from the Chairman, Surface fall within the jurisdiction of the committee Stat. 868); to the Committee on Energy and Transportation Board, transmitting the concerned. Commerce. Board’s final rules — Updating the Code of By Ms. SEWELL of Alabama (for her- 4867. A letter from the Director, Regu- Federal Regulations [Docket No.: EP 746] re- self and Mr. ROGERS of Alabama): latory Management Division, Environmental ceived April 26, 2018, pursuant to 5 U.S.C. H.R. 5837. A bill to amend the Consolidated Protection Agency, transmitting the Agen- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Farm and Rural Development Act to modify cy’s final rule — Air Plan Approval; Arizona; Stat. 868); to the Committee on Transpor- provisions relating to the household water Stationary Sources; New Source Review tation and Infrastructure. [EPA-R09-OAR-2017-0255; FRL-9977-23-Region 4876. A letter from the Chief, Publications well system grant program; to the Com- 9] received April 27, 2018, pursuant to 5 U.S.C. and Regulations Branch, Internal Revenue mittee on Agriculture. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Service, transmitting the Service’s IRB only By Mr. LAHOOD: Stat. 868); to the Committee on Energy and rule — Modifications to Definition of United H.R. 5838. A bill to amend title IV-A of the Commerce. States Property under Section 956 (Notice Social Security Act, and for other purposes; 4868. A letter from the Director, Regu- 2018-46) received May 8, 2018, pursuant to 5 to the Committee on Ways and Means. latory Management Division, Environmental U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. By Mr. BEN RAY LUJA´ N of New Mex- Protection Agency, transmitting the Agen- 251; (110 Stat. 868); to the Committee on ico (for himself, Mr. FLEISCHMANN, cy’s final rule — Approval and Promulgation Ways and Means. Mr. HULTGREN, and Mr. LIPINSKI): of Implementation Plans; Louisiana; Inter- 4877. A letter from the Chief, Publications H.R. 5839. A bill to amend the Energy Pol- state Transport Requirements for the 2012 and Regulations Branch, Internal Revenue PM2.5 NAAQS [EPA-R06-OAR-2015-0851; FRL- icy Act of 2005 to require the establishment Service, transmitting the Service’s IRB only of a small business voucher program, and for 9977-02-Region 6] received April 27, 2018, pur- rule — Empowerment Zone Designation Ex- other purposes; to the Committee on suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- tension (Notice 2018-47) received May 8, 2018, Science, Space, and Technology. 121, Sec. 251; (110 Stat. 868); to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); Public Law By Mr. BILIRAKIS (for himself and Mr. on Energy and Commerce. 104-121, Sec. 251; (110 Stat. 868); to the Com- SARBANES): 4869. A letter from the Director, Regu- mittee on Ways and Means. latory Management Division, Environmental 4878. A letter from the Assistant Secretary, H.R. 5840. A bill to state the policy of the Protection Agency, transmitting the Agen- Legislative Affairs, Department of State, United States with respect to the extended cy’s final rule — Delegation of Authority to transmitting a certification to Congress nuclear deterrence posture of the United North Carolina and the Western North Caro- under Sec. 609(b) of Public Law 101-162 Re- States in support of NATO and to direct the lina Regional Air Quality Agency of Federal garding the Incidental Capture of Sea Tur- Secretary of Defense to provide Congress a Plan for Existing Sewage Sludge Inciner- tles in Commercial Shrimping Operations; briefing on such posture; to the Committee ation Units [EPA-R04-OAR-2018-0119; FRL- jointly to the Committees on Natural Re- on Armed Services, and in addition to the 9977-22-Region 4] received April 27, 2018, pur- sources and Appropriations. Committee on Foreign Affairs, for a period suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- f to be subsequently determined by the Speak- 121, Sec. 251; (110 Stat. 868); to the Committee er, in each case for consideration of such pro- on Energy and Commerce. REPORTS OF COMMITTEES ON visions as fall within the jurisdiction of the 4870. A letter from the Deputy Chief, Auc- PUBLIC BILLS AND RESOLUTIONS tions and Spectrum Access Division, Wire- committee concerned. less Telecommunications and Media Bu- Under clause 2 of rule XIII, reports of By Mr. PITTENGER: reaus, Federal Communications Commission, committees were delivered to the Clerk H.R. 5841. A bill to modernize and strength- transmitting the Commission’s final rule — for printing and reference to the proper en the Committee on Foreign Investment in Auction of Cross-Service FM Translator Con- calendar, as follows: the United States to more effectively guard struction Permits Scheduled for May 15, 2018; against the risk to the national security of Mr. NEWHOUSE: Committee on Rules. Notice and Filing Requirements, Minimum the United States posed by certain types of House Resolution 900. A resolution providing Opening Bids, Upfront Payments, and Other foreign investment, and for other purposes; for further consideration of the bill (H.R. 2) Procedures for Auction 99 (AU Docket No.: to the Committee on Foreign Affairs, and in to provide for the reform and continuation of 17-143) received April 26, 2018, pursuant to 5 addition to the Committees on Financial agricultural and other programs of the De- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Services, Energy and Commerce, Intelligence partment of Agriculture through fiscal year 251; (110 Stat. 868); to the Committee on En- (Permanent Select), and Oversight and Gov- 2023, and for other purposes (Rept. 115–679). ergy and Commerce. ernment Reform, for a period to be subse- Referred to the House Calendar. 4871. A communication from the President quently determined by the Speaker, in each of the United States, transmitting notifica- f case for consideration of such provisions as tion that the national emergency with re- PUBLIC BILLS AND RESOLUTIONS fall within the jurisdiction of the committee spect to Yemen, declared in Executive Order concerned. 13611 of May 16, 2012, is to continue in effect Under clause 2 of rule XII, public By Mr. REED (for himself and Mr. beyond May 16, 2018, pursuant to 50 U.S.C. bills and resolutions of the following SMITH of Nebraska): 1622(d); Public Law 94-412, Sec. 202(d); (90 titles were introduced and severally re- H.R. 5842. A bill to amend title IV-A of the Stat. 1257) (H. Doc. No. 115—124); to the Com- ferred, as follows: mittee on Foreign Affairs and ordered to be Social Security Act, and for other purposes; printed. By Ms. MAXINE WATERS of Cali- to the Committee on Ways and Means, and in 4872. A letter from the Deputy Assistant fornia: addition to the Committee on Education and Administrator for Regulatory Programs, H.R. 5833. A bill to authorize appropria- the Workforce, for a period to be subse- NMFS, Office of Sustainable Fisheries — tions for family unification vouchers for quently determined by the Speaker, in each Southeast Region, National Oceanic and At- rental housing assistance, and for other pur- case for consideration of such provisions as mospheric Administration, transmitting the poses; to the Committee on Financial Serv- fall within the jurisdiction of the committee Administration’s final rule — Fisheries of ices. concerned. the Caribbean, Gulf of Mexico, and South At- By Mr. CUMMINGS (for himself, Mr. By Mr. SMITH of Missouri (for himself lantic; Reef Fish Fishery of the Gulf of Mex- HASTINGS, Mr. JOHNSON of Georgia, and Mr. SMITH of Nebraska): ico; Modifications to Greater Amberjack Ms. KELLY of Illinois, Ms. JACKSON H.R. 5843. A bill to amend title IV-A of the Recreational Fishing Year and Fixed Closed LEE, Ms. NORTON, and Mr. SARBANES): Social Security Act, and for other purposes; Season [Docket No.: 171017999-8262-01] (RIN: H.R. 5834. A bill to require the Attorney to the Committee on Ways and Means. 0648-BH32) received April 26, 2018, pursuant to General to make competitive grants to By Mr. BUCK: 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. State, tribal, and local governments to es- H.R. 5844. A bill to authorize the Secretary 251; (110 Stat. 868); to the Committee on Nat- tablish and maintain witness protection and of the Interior to conduct a special resource ural Resources. assistance programs; to the Committee on 4873. A letter from the Attorney-Advisor, the Judiciary. study of the site known as ‘‘Amache’’ in the U.S. Secret Service, Department of Home- By Mr. BISHOP of Michigan (for him- State of Colorado; to the Committee on Nat- land Security, transmitting the Depart- self and Ms. JENKINS of Kansas): ural Resources. ment’s final rule — Restricted Buildings and H.R. 5835. A bill to amend title IV-A of the By Mr. THOMPSON of Mississippi (for Grounds received April 26, 2018, pursuant to 5 Social Security Act, and for other purposes; himself, Ms. FUDGE, Mr. MCEACHIN, U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. to the Committee on Ways and Means. Mr. CLYBURN, Mrs. WATSON COLEMAN, 251; (110 Stat. 868); to the Committee on the By Mr. BISHOP of Michigan (for him- Mrs. BEATTY, Mrs. DEMINGS, Ms. Judiciary. self, Mr. RENACCI, and Mr. CURBELO of KELLY of Illinois, Ms. ADAMS, Ms. 4874. A letter from the Acting Chairman, Florida): BASS, Mrs. LAWRENCE, Mr. HASTINGS, Federal Maritime Commission, transmitting H.R. 5836. A bill to amend title IV-A of the Ms. BLUNT ROCHESTER, Ms. EDDIE the 56th Annual Report covering activities of Social Security Act, and for other purposes; BERNICE JOHNSON of Texas, Mr. JOHN- the Federal Maritime Commission for FY to the Committee on Ways and Means, and in SON of Georgia, Mr. BISHOP of Geor- 2017, pursuant to 46 U.S.C. 306(a); Public Law addition to the Committee on Education and gia, Mr. EVANS, Mr. CUMMINGS, Mr. 109-304, Sec. 4; (120 Stat. 1489); to the Com- the Workforce, for a period to be subse- CLEAVER, Mr. PAYNE, Ms. LEE, Mr.

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CLAY, Ms. WILSON of Florida, and Mr. of an electronic benefit transfer card at any Congress has the power to enact this legis- AL GREEN of Texas): store that offers marijuana for sale; to the lation pursuant to the following: H.R. 5845. A bill to prohibit Members of the Committee on Ways and Means. Article I, Section 8, Clause 5 and Clause 18 House of Representatives from using their By Mr. SCHWEIKERT (for himself, Mr. of the United States Constitution congressional offices for personal overnight WEBER of Texas, Mr. NORMAN, Mr. By Mr. CUMMINGS: accommodations and to amend the Internal SMITH of Nebraska, and Mr. BIGGS): H.R. 5834. Revenue Code of 1986 to allow a deduction for H.R. 5854. A bill to amend title IV-A of the Congress has the power to enact this legis- living expenses incurred by Members of the Social Security Act, and for other purposes; lation pursuant to the following: House of Representatives, and for other pur- to the Committee on Ways and Means. The Spending Clause, Article I, Section 8, poses; to the Committee on Ways and Means, By Mr. AUSTIN SCOTT of Georgia (for Clause 1 of the U.S. Constitution. and in addition to the Committees on Rules, himself and Ms. FRANKEL of Florida): By Mr. BISHOP of Michigan: and Ethics, for a period to be subsequently H.R. 5855. A bill to require the Adminis- H.R. 5835. determined by the Speaker, in each case for trator of the Environmental Protection Congress has the power to enact this legis- consideration of such provisions as fall with- Agency to revise labeling requirements for lation pursuant to the following: in the jurisdiction of the committee con- fuel pumps that dispense E15, and for other Article I, Section 8, Clause 1 of the United cerned. purposes; to the Committee on Energy and States Constitution, to ‘‘provide for the com- By Mr. BLUMENAUER (for himself, Commerce. mon Defence and general Welfare of the Mr. SANFORD, Mr. DUFFY, and Mr. By Mr. WEBSTER of Florida: United States.’’ H.R. 5856. A bill to amend the Internal Rev- DEFAZIO): By Mr. BISHOP of Michigan: H.R. 5846. A bill to require the Comptroller enue Code of 1986 to provide a deduction for H.R. 5836. General of the United States to conduct a certain charity care furnished by physicians, Congress has the power to enact this legis- study regarding the buyout practices of the and for other purposes; to the Committee on lation pursuant to the following: Federal Emergency Management Agency, Ways and Means, and in addition to the Com- Article I, Section 8, Clause 1 of the United and for other purposes; to the Committee on mittee on Energy and Commerce, for a pe- States Constitution, to ‘‘provide for the com- Transportation and Infrastructure. riod to be subsequently determined by the mon Defence and general Welfare of the By Mr. CURBELO of Florida (for him- Speaker, in each case for consideration of United States.’’ such provisions as fall within the jurisdic- self and Mr. SMITH of Nebraska): By Ms. SEWELL of Alabama: H.R. 5847. A bill to amend title IV-A of the tion of the committee concerned. H.R. 5837. Social Security Act, and for other purposes; By Mr. ROE of Tennessee: Congress has the power to enact this legis- to the Committee on Ways and Means, and in H. Con. Res. 121. Concurrent resolution di- lation pursuant to the following: addition to the Committee on Education and recting the Secretary of the Senate to make Article I, Section 8 a correction in the enrollment of the bill S. the Workforce, for a period to be subse- By Mr. LAHOOD: 2372; considered and agreed to. quently determined by the Speaker, in each H.R. 5838. By Mr. WOODALL: case for consideration of such provisions as Congress has the power to enact this legis- H. Res. 897. A resolution electing Members fall within the jurisdiction of the committee lation pursuant to the following: to certain standing committees of the House Article I, Section 8, Clause 1 of the United concerned. of Representatives; considered and agreed to. States Constitution, to ‘‘provide for the com- By Mr. RODNEY DAVIS of Illinois (for By Mr. THOMPSON of Mississippi: mon Defence and general Welfare of the himself, Mr. CARTER of Texas, Mr. H. Res. 898. A resolution directing the Sec- HARRIS, and Mr. O’ROURKE): United States.’’ retary of Homeland Security to transmit ´ H.R. 5848. A bill to direct the Secretary of certain documents to the House of Rep- By Mr. BEN RAY LUJAN of New Mex- Defense to provide travel to Dover Air Force resentatives relating to Department of ico: Base for family members of members of the Homeland Security policies and activities re- H.R. 5839. Congress has the power to enact this legis- Armed Forces who die outside of the United lating to homeland security information pro- States but not in a theater of combat oper- duced and disseminated regarding cybersecu- lation pursuant to the following: Article I, Section 8 ations so the family may receive the remains rity threats posed by the ZTE Corporation, of the deceased; to the Committee on Armed headquartered in Shenzhen, China; to the By Mr. BILIRAKIS: H.R. 5840. Services. Committee on Homeland Security. Congress has the power to enact this legis- By Mr. DEUTCH (for himself, Ms. By Mr. CHABOT: WASSERMAN SCHULTZ, Ms. H. Res. 899. A resolution requesting the lation pursuant to the following: VELA´ ZQUEZ, Mr. SOTO, Mr. CAPUANO, Senate to return to the House of Representa- This bill is enacted pursuant to Article I, Ms. TITUS, Ms. CLARK of Massachu- tives the bill H.R. 4743; considered and Section 8, Clause 1 of the Constitution of the setts, Mr. GENE GREEN of Texas, and agreed to. United States. Mr. CARSON of Indiana): By Mr. PITTENGER: f H.R. 5849. A bill to amend the Food and Nu- H.R. 5841. trition Act of 2008 to require that supple- MEMORIALS Congress has the power to enact this legislation pursuant to the following: mental nutrition assistance program bene- Under clause 3 of rule XII, memorials fits be calculated with reference to the cost Article I, Section 8: to regulate commerce of the low-cost food plan as determined by were presented and referred as follows: with foreign nations. the Secretary of Agriculture, and for other 198. The SPEAKER presented a memorial By Mr. REED: purposes; to the Committee on Agriculture. of the Legislature of the State of Michigan, H.R. 5842. By Miss GONZA´ LEZ-COLO´ N of Puerto relative to House Concurrent Resolution No. Congress has the power to enact this legis- Rico: 15, memorializing Congress of the United lation pursuant to the following: H.R. 5850. A bill to amend the Higher Edu- States to take action on immigration re- Article I, Section 8, Clause 1 of the United cation Act of 1965 to waive the 90-10 rule for form; to the Committee on the Judiciary. States Constitution, to ‘‘provide for the com- proprietary institutions impacted by Hurri- 199. Also, a memorial of the Legislature of mon Defence and general Welfare of the canes Irma or Maria; to the Committee on the State of Arizona, relative to House Con- Unite States.’’ Education and the Workforce. current Memorial 2002, urging the Congress By Mr. SMITH of Missouri: By Mr. KEATING (for himself and Mr. of the United States to act to increase the H.R. 5843. number of United States Customs Field Of- COOK): Congress has the power to enact this legis- H.R. 5851. A bill to provide for the termi- fice personnel at the ports of entry in lation pursuant to the following: nation of residential or motor vehicle leases Nogales, Douglas, and San Luis, Arizona; Article I, Section 8, Clause 1 of the United and telephone service contracts for combat jointly to the Committees on Homeland Se- States Constitution, to ‘‘provide for the com- support agency personnel working in combat curity and Ways and Means. mon Defence and general Welfare of the theaters of operation; to the Committee on f United States.’’ By Mr. BUCK: Armed Services. CONSTITUTIONAL AUTHORITY By Mr. NORMAN: H.R. 5844. H.R. 5852. A bill to prohibit the expendi- STATEMENT Congress has the power to enact this legis- ture of funds to carry out the Global Climate Pursuant to clause 7 of rule XII of lation pursuant to the following: Change Initiative of the United States Agen- the Rules of the House of Representa- Article IV, Section 3, Clause 2 allows Con- cy for International Development, and for tives, the following statements are sub- gress to create national parks (or to create a other purposes; to the Committee on Foreign mitted regarding the specific powers study to determine the suitability and feasi- Affairs. bility of designating the study area as a unit By Mr. REICHERT (for himself and Mr. granted to Congress in the Constitu- of the National Parks System) under the SMITH of Nebraska): tion to enact the accompanying bill or ‘‘Property Clause.’’ ‘‘The Congress shall have H.R. 5853. A bill to prohibit assistance pro- joint resolution. Power to dispose of and make all needful vided under the program of block grants to By Ms. MAXINE WATERS of Cali- Rules and Regulations respecting the Terri- States for temporary assistance for needy fornia: tory or other Property belonging to the families from being accessed through the use H.R. 5833. United States . . .’’

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Article I, Section 8, Clause 18 is a coeffi- Article I, Section 8, Clause 3 of the United H.R. 4944: Mr. ESPAILLAT. cient clause which states that Congress gen- States Constitution. H.R. 4958: Ms. LOFGREN. erally may assume additional powers not By Mr. WEBSTER of Florida: H.R. 4983: Mr. WESTERMAN. specifically listed in the Constitution, such H.R. 5856. H.R. 5011: Ms. MATSUI and Mr. MCGOVERN. as enacting a special resource study of a Congress has the power to enact this legis- H.R. 5060: Mr. CARBAJAL and Mr. KING of specified study area. lation pursuant to the following: New York. By Mr. THOMPSON of Mississippi: Article I, Section 8, Clause 1 H.R. 5121: Mr. COSTA. ´ HR. 5845. f H.R. 5132: Ms. BARRAGAN, Mr. DUFFY, Mr. Congress has the power to enact this legis- CONAWAY, Mr. POLIQUIN, Mr. BISHOP of Michi- lation pursuant to the following: ADDITIONAL SPONSORS gan, Mr. BLUM, Mr. SMUCKER, Mr. HIMES, Article I Section 8 Under clause 7 of rule XII, sponsors Mrs. LOVE, Mr. CHABOT, Mr. BISHOP of Geor- By Mr. BLUMENAUER: were added to public bills and resolu- gia, Mr. RUTHERFORD, Mr. DENHAM, Mr. H.R. 5846. tions, as follows: LIPINSKI, Mr. FASO, and Mr. BERA. Congress has the power to enact this legis- H.R. 5199: Mr. STIVERS. lation pursuant to the following: H.R. 20: Ms. ADAMS. H.R. 5244: Mr. GRIJALVA. Article I, Section 8 H.R. 154: Mr. AGUILAR. H.R. 5248: Mr. JEFFRIES and Mr. HIGGINS of By Mr. CURBELO of Florida: H.R. 233: Miss RICE of New York and Mr. New York. H.R. 5847. GOTTHEIMER. H.R. 5270: Ms. CHENEY. Congress has the power to enact this legis- H.R. 398: Ms. SCHAKOWSKY and Mr. H.R. 5288: Ms. SINEMA. lation pursuant to the following: LOWENTHAL. H.R. 5292: Mr. LOWENTHAL. Article I, Section 8, Clause 1 of the United H.R. 489: Mr. KENNEDY. H.R. 5307: Mr. HIGGINS of Louisiana. States Constitution, to ‘‘provide for the com- H.R. 681: Mr. HUNTER. H.R. 5358: Mr. WESTERMAN, Ms. TENNEY, mon Defence and general Welfare of the H.R. 712: Ms. NORTON. and Mr. DUFFY. United States.’’ H.R. 754: Mr. LANCE. H.R. 5395: Mrs. LOWEY, Mr. NADLER, Mr. H.R. 781: Mr. STIVERS. By Mr. RODNEY DAVIS of Illinois: SUOZZI, and Mrs. CAROLYN B. MALONEY of H.R. 788: Mr. MULLIN. H.R. 5848. New York. H.R. 811: Mr. JORDAN and Mr. CURBELO of Congress has the power to enact this legis- H.R. 5413: Mr. ABRAHAM, Mr. KING of Iowa, Florida. lation pursuant to the following: Mr. TAYLOR, Mr. BOST, Mr. MULLIN, Mr. TED H.R. 846: Mr. BLUM. The constitutional authority on which this H.R. 1171: Mr. COOK and Mr. ABRAHAM. LIEU of California, Mr. POE of Texas, Mrs. bill rests is the power of Congress ‘‘to pro- H.R. 1267: Mr. HARRIS. COMSTOCK, Mr. BUCHANAN, Mr. STIVERS, Mr. vide for the common Defence’’, ‘‘to raise and H.R. 1279: Mr. GONZALEZ of Texas. HARPER, Mr. KIND, Mr. CORREA, Mr. support Armies’’, ‘‘to provide and maintain a H.R. 1300: Ms. CLARKE of New York. ROTHFUS, Mr. HULTGREN, Mr. BIGGS, Mrs. Navy’’ and ‘‘to make Rules for the Govern- H.R. 1318: Mr. HARRIS. WALORSKI, Mr. ROYCE of California, Mr. ROG- ment and Regulation of the land and naval H.R. 1339: Mr. POLIQUIN. ERS of Alabama, Ms. GABBARD, Mr. LEWIS of Forces’’ as enumerated in Article I, section 8 H.R. 1377: Mrs. RADEWAGEN. Minnesota, Mrs. HARTZLER, Mr. OLSON, Mr. of the United States Constitution. H.R. 1406: Mr. CUMMINGS and Mr. PANETTA, Mr. DENHAM, Mr. AMODEI, Mrs. By Mr. DEUTCH: GARAMENDI. MIMI WALTERS of California, Mrs. MCMORRIS H.R. 5849. H.R. 1409: Mrs. MCMORRIS RODGERS and Mr. RODGERS, and Mr. SMITH of Missouri. Congress has the power to enact this legis- PAYNE. H.R. 5415: Mr. DUNCAN of Tennessee. lation pursuant to the following: H.R. 1472: Ms. DELAURO and Mr. MULLIN. H.R. 5467: Mr. LAWSON of Florida. Article 1, Section 8, Clauses 1 and 18 of the H.R. 1566: Ms. CLARKE of New York and Mr. H.R. 5472: Ms. TENNEY. Constitution of the United States. DANNY K. DAVIS of Illinois. H.R. 5486: Ms. NORTON, Mr. TAKANO, and By Miss GONZA´ LEZ-COLO´ N of Puerto H.R. 1911: Miss GONZA´ LEZ-COLO´ N of Puerto Mrs. NAPOLITANO. Rico: Rico and Mr. DANNY K. DAVIS of Illinois. H.R. 5517: Mr. MCKINLEY. H.R. 5850. H.R. 2004: Mr. TIPTON. H.R. 5626: Mr. SHERMAN. Congress has the power to enact this legis- H.R. 2022: Mr. NORMAN. H.R. 5628: Mr. DELANEY. lation pursuant to the following: H.R. 2259: Mr. SHERMAN. H.R. 5637: Mr. CRAMER. Article I, Section 1 of the Constitution of H.R. 2358: Ms. WILSON of Florida, Mr. MI- H.R. 5658: Mr. BERGMAN. the United States of America CHAEL F. DOYLE of Pennsylvania, Mr. BLUM, H.R. 5665: Mr. ROE of Tennessee and Mr. All legislative Powers herein granted shall Mr. JOHNSON of Georgia, and Ms. BORDALLO. BYRNE. be vested in a Congress of the United States, H.R. 2401: Mr. SERRANO. H.R. 5671: Mr. WELCH. which shall consist of a Senate and House of H.R. 2417: Mr. HASTINGS, Ms. SA´ NCHEZ, Mr. H.R. 5682: Mr. MEEKS, Mr. RYAN of Ohio, Representatives. MOULTON, and Mr. MCEACHIN. Mrs. HANDEL, and Mr. SENSENBRENNER. By Mr. KEATING: H.R. 2452: Ms. DEGETTE. H.R. 5689: Mr. RATCLIFFE. H.R. 5851. H.R. 2486: Mr. NADLER, Mr. COHEN, Ms. H.R. 5694: Mr. GALLAGHER and Mr. Congress has the power to enact this legis- JUDY CHU of California, and Ms. BARRAGA´ N. WENSTRUP. lation pursuant to the following: H.R. 2514: Ms. LOFGREN, Mr. HECK, Ms. H.R. 5706: Ms. MATSUI. Article I, section 8 of the Constitution of ESHOO, and Mr. KIHUEN. H.R. 5710: Mr. GUTIE´ RREZ. the United States H.R. 2871: Mr. KING of Iowa. H.R. 5715: Mr. KILMER. By Mr. NORMAN: H.R. 2917: Mr. ROUZER. H.R. 5728: Mr. SOTO, Mr. RYAN of Ohio, Ms. H.R. 5852. H.R. 2925: Mr. SCHIFF and Ms. ROS- JACKSON LEE, Mr. NADLER, Mr. PALLONE, Ms. Congress has the power to enact this legis- LEHTINEN. WILSON of Florida, Ms. MOORE, Mr. CROWLEY, lation pursuant to the following: H.R. 2938: Mr. O’ROURKE. Ms. BONAMICI, Mr. LEWIS of Georgia, Mr. H.R. 2996: Mr. SMUCKER. Article I, Section 7 HASTINGS, Mr. SERRANO, and Mrs. NAPOLI- H.R. 2999: Mr. WITTMAN. By Mr. REICHERT: TANO. H.R. 3030: Mr. BRADY of Pennsylvania, Ms. H.R. 5853. H.R. 5754: Mr. CICILLINE. FRANKEL of Florida, Mr. SMITH of New Jer- Congress has the power to enact this legis- H.R. 5761: Mr. LEWIS of Georgia, Ms. sey, and Ms. ROS-LEHTINEN. lation pursuant to the following: CLARKE of New York, Ms. MATSUI, and Ms. H.R. 3186: Mr. GRAVES of Louisiana. Article I, Section 8, Clause 1 of the United MOORE. H.R. 3395: Mr. KILDEE and Mr. COOK. States Constitution, to ‘‘provide for the com- H.R. 5782: Ms. JAYAPAL. H.R. 3409: Mr. CURTIS and Mr. GOTTHEIMER. mon Defence and general Welfare of the H.R. 5795: Mr. RENACCI, Ms. BONAMICI, Mrs. H.R. 3671: Mr. CARBAJAL. United States.’’ H.R. 3738: Ms. WILSON of Florida. BROOKS of Indiana, and Mr. BILIRAKIS. By Mr. SCHWEIKERT: H.R. 3790: Mr. TIPTON. H.R. 5819: Mr. FITZPATRICK, Mr. ROHR- H.R. 5854. H.R. 4158: Mr. NORCROSS. ABACHER, Ms. CLARKE of New York, and Mr. Congress has the power to enact this legis- H.R. 4391: Mr. EVANS and Mr. MOULTON. ELLISON. lation pursuant to the following: H.R. 4425: Ms. JAYAPAL. H.J. Res. 129: Ms. EDDIE BERNICE JOHNSON Article I, Section 8, Clause 1 of the United H.R. 4492: Mr. BILIRAKIS. of Texas and Mr. CLYBURN. States Constitution, to ‘‘provide for the com- H.R. 4505: Mr. GALLEGO. H. Con. Res. 8: Mrs. MIMI WALTERS of Cali- mon Defence and general Welfare of the H.R. 4680: Mr. MOULTON. fornia. United States.’’ H.R. 4714: Ms. ESHOO, Mr. GIBBS, and Ms. H. Con. Res. 60: Mr. SCOTT of Virginia. By Mr. AUSTIN SCOTT of Georgia: NORTON. H. Res. 69: Mr. BARLETTA. H.R. 5855. H.R. 4720: Mr. RYAN of Ohio. H. Res. 274: Mr. BOST. Congress has the power to enact this legis- H.R. 4732: Ms. MCSALLY, Mrs. LOWEY, Mr. H. Res. 401: Mr. GARAMENDI and Mr. lation pursuant to the following: DESAULNIER, and Mr. TED LIEU of California. SMUCKER.

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H. Res. 750: Mr. POSEY. GIANFORTE, Mr. STIVERS, Mr. WENSTRUP, Mr. H. Res. 869: Mrs. WATSON COLEMAN, Ms. H. Res. 763: Mr. BRAT, Mr. TIPTON, Mr. RUSSELL, and Ms. JACKSON LEE. BARRAGA´ N, and Mr. PALLONE. LONG, Mr. BLUM, Ms. CHENEY, Mrs. MIMI H. Res. 857: Mr. KILMER. H. Res. 881: Mr. BRAT and Mr. RATCLIFFE. WALTERS of California, Mr. HUIZENGA, Mr. H. Res. 861: Mr. CURTIS and Mr. BILIRAKIS. H. Res. 893: Mr. PASCRELL.

VerDate Sep 11 2014 06:43 May 17, 2018 Jkt 079060 PO 00000 Frm 00160 Fmt 4634 Sfmt 0634 E:\CR\FM\A16MY7.043 H16MYPT1 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, WEDNESDAY, MAY 16, 2018 No. 80 Senate The Senate met at 9:30 a.m. and was EXECUTIVE SESSION ican. None of the other ones were called to order by the President pro English speaking. Many of them were tempore (Mr. HATCH). charged on either ISIS or terrorist EXECUTIVE CALENDAR charges or for plotting a coup attempt. f The PRESIDING OFFICER. Under He was in that prison for almost 17 months. He lost 50 pounds. His health PRAYER the previous order, the Senate will proceed to executive session and resume diminished. His mental state, as any- The Chaplain, Dr. Barry C. Black, of- consideration of the following nomina- one would expect, diminished. Yet he is fered the following prayer: tion, which the clerk will report. a strong man of faith, and hopefully he Let us pray. The legislative clerk read the nomi- will continue to have the strength to Spirit of the living God, fall afresh on nation of Mitchell Zais, of South Caro- go through this horrible process. us, molding and making us according lina, to be Deputy Secretary of Edu- We have been handling this. We have to Your will. Thank You for the favor cation. what we call casework. If somebody in You show us, because we belong to You The PRESIDING OFFICER. The Sen- North Carolina needs help, whatever and have been chosen to fulfill Your ator from North Carolina. that may be, we encourage them to call our office, and we open a case. We do purposes. Lord, help us to grasp the CALLING FOR THE RELEASE OF PASTOR ANDREW significance of Your unfolding provi- BRUNSON any number of things for veterans, for dence as You continue to sustain us Mr. TILLIS. Mr. President, this is military families, for seniors—any- with the many acts of Your faithful my third occasion on a speech that I body. If you need help in getting love. wish that I didn’t have to give on the through to the Federal Government, you call our office. So we opened a case Today, inspire our lawmakers to floor of the U.S. Senate, but I promise on Pastor Brunson about a year ago, work to the best of their ability, striv- that I am going to give a speech on this and we have been trying to work ing always to do what is right for our subject every week that the Senate is through diplomatic channels to get Nation and world. Give them the wis- open for as long as I am a U.S. Senator him released. dom in their labors to depend upon and there is a man in a Turkish prison Your mercy, power, and grace, believ- About 3 months ago or 4 months ago, who I don’t believe should be. we heard that the indictment was ing that You can do for them more This man’s name is Andrew Brunson, going to be served on Pastor Brunson. than they can ask or imagine. Pastor Brunson. He is a Presbyterian I received word from some of the fam- We pray in Your great Name. Amen. minister from Black Mountain, NC, ily members and people in the faith- who has been in Turkey for about the f based community that they were con- last 20 years with his wife. He raised cerned that the American people were PLEDGE OF ALLEGIANCE his family there. He is a Presbyterian going to read the indictment and really minister who at first just did ministry judge him as guilty and turn their The President pro tempore led the work. He didn’t have a church to actu- Pledge of Allegiance, as follows: backs on him and have him languish in ally open up to the community. He just prison for what would be, essentially, a I pledge allegiance to the Flag of the did ministry work—preached the Word United States of America, and to the Repub- life sentence. He is 50 years old, and and delivered the Word for the people the charges would be up to 35 years. lic for which it stands, one nation under God, in Turkey who wanted to hear it. It indivisible, with liberty and justice for all. It was so important for me to have was a small church with only about 50 him know that we cared about him f full-time members. It was a church that I traveled to Turkey. I got a visa that was just outside of Izmir. It was to go to Turkey and made a request to RESERVATION OF LEADER TIME actually in Izmir proper, which is one go to that Turkish prison and look The PRESIDING OFFICER (Mr. of the larger cities in Turkey. Pastor Brunson eye to eye and tell him PAUL). Under the previous order, the As of today, this man has been in that we were not going to forget about leadership time is reserved. prison for 586 days. He was actually him and that we were going to do ev- taken to prison, without charges, erything we could to work for his re- f under the emergency order after the lease and the release of a number of coup in 2016. He was put in prison on other people who I genuinely believe, CONCLUSION OF MORNING October 4, 2016. For almost 17 months, in Turkey, are subject to religious per- BUSINESS he was held in a prison cell that was secution. The PRESIDING OFFICER. Morning designed for 8 prisoners but had 21 in I met with him in the prison for business is closed. it. None of the other ones were Amer- about an hour and a half. It turns out

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

S2687

VerDate Sep 11 2014 01:19 May 17, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.000 S16MYPT1 S2688 CONGRESSIONAL RECORD — SENATE May 16, 2018 that we had just found out that his nected and that they actually work in all the other people in Turkey who are first court date was going to be about unison in other countries to disrupt in prison because of their faith that 3 weeks later, so I decided to go back the governments of other countries. A this is unacceptable behavior. to Turkey 3 weeks later and be in that Christian church may take the Word to Thank you, Mr. President. courtroom to hear the testimony for people in other countries, but it is real- I yield the floor. myself, to hear the 62-page indictment ly kind of organized as an intelligence- RECOGNITION OF THE MAJORITY LEADER play out. I was in that courtroom from gathering and destabilizing force on be- The PRESIDING OFFICER. The ma- about 9 o’clock in the morning on Mon- half of the American Government in jority leader is recognized. day until about 10 o’clock that night. If order to disrupt other sovereign na- NOMINATION OF GINA HASPEL you don’t know what a kangaroo court tions. Mr. MCCONNELL. Mr. President, yes- Literally, this is how they have been is and you can’t read it on this slide, terday, the Senate confirmed two more thinking, and this is what they have just Google it quickly, because what I superbly qualified circuit court nomi- been using to prosecute him. It is a saw was a kangaroo court. nees. Joel Carson and John Nalbandian First off, you should think about the kangaroo court. are the 20th and the 21st circuit judges setting. It is unlike any setting you I maintain that what we have is a we have confirmed this Congress. could ever imagine in the United hostage situation here. We have Presi- This morning our colleagues on the States. It doesn’t have a trial jury, but dent Erdogan saying: If we give him a Intelligence Committee finished their it has a three-judge panel up there, and pass, give us somebody we are trying to consideration of Gina Haspel to be CIA the prosecutor is really elevated to al- extradite from the United States. On Director and reported her nomination most being another judge. The pros- the one hand, they say you have to favorably with bipartisan support. Ms. ecutor was up at the dais. We were in a work through the system, and we have Haspel’s testimony and record have room that was about half the size of to let justice be served. On the other showcased the poise, talent, and experi- this room. It was maybe about two- hand, the President has said: If you ence that make her an excellent selec- thirds the size. It was a big room. The give us somebody we are trying to ex- tion. tradite from the United States, then defense attorney was off to the side Senators heard about her 30-plus we will give you Pastor Brunson. This about another 30 or 40 feet, and the de- years of CIA experience, spanning sen- is a hostage situation. This is religious fendant was right in front of this panel sitive operations from the Cold War to persecution. of judges and was being looked down the Global War on Terror. That back- upon. He had to testify for 6 hours on I will finish with this. Turkey is a NATO ally. It is an important NATO ground makes Ms. Haspel an ideal pick his own behalf. One doesn’t have a at this particular moment, when Sec- choice in Turkey. Then they listed the ally. It has been in NATO since 1952. It is in a very dangerous part of the retary Mattis has explained that coun- charges. terterrorism and a renewed great- Why do I say it was a kangaroo world. It has a lot of challenges that it power competition are two of the key court? Let me give a summary. I am has to deal with—the Syrian conflict challenges facing our Nation. not going to cover all of the charges and its own internal economic chal- So it is no wonder that James Clap- because my time is limited today, but lenges. There are a number of chal- per, President Obama’s Director of Na- let me give a summary of some of the lenges, and I understand that President tional Intelligence, said: ‘‘I think the charges. Erdogan’s job is difficult. I would like In the time I was there, there were to make it easier. As a co-lead of the world of Gina; she is capable, smart, about a half dozen secret witnesses. Senate’s NATO Observer Group, I very experienced, well-respected by the The defendant didn’t get to face his ac- would like to actually strengthen our Agency rank and file, and a great per- cusers. In Turkey, these secret wit- partnership and make safer and more son.’’ nesses can say what they want to say. secure its homeland and its threat Just yesterday, our current DNI, Dan The essence of one secret witness’s tes- from foreign adversaries. Coats, wrote in USA Today that ‘‘she is timony was that he knew that Pastor Yet, today, I have a NATO ally that a person of high integrity with valu- Brunson was involved in either plot- is behaving like no NATO ally ever has able frontline and executive experience ting the coup or in working with the in the history of the alliance. These are . . . who is willing to speak truth to PKK, which is a terrorist organization the sorts of things we are supposed to power when required on behalf of our fundamentally made up of Kurds, be- be doing as members of the NATO alli- nation.’’ cause he witnessed a light on in this ance, not illegally imprisoning for 586 Gina Haspel is the right woman at church for 4 hours. days a Presbyterian minister. the right time. Her nomination has First off, in the U.S. system, I know We will be doing the NDAA markup support from national security leaders you are probably not going to get pros- next week, which is the National De- and Senators in both parties. There is ecuted for 35 years for having a light fense Authorization Act. I will be no reason why her confirmation should on for 4 hours—at least I hope not. Yet working with other Members and will be delayed, and I look forward to ad- what makes this even more challenging have to put forth provisions in the vancing it expeditiously following the is that this is the church. This church NDAA, which is the last thing that I committee’s action. only seats about 120 people. It has two would like to do. I would like to put NET NEUTRALITY very small upstairs’ rooms. I know be- provisions forward that strengthen the Mr. President, on another matter, cause I have been there. We took these alliance with NATO, that send a very over the last 20 years, the internet has pictures when I visited Turkey after clear signal that we want to help them yielded progress that was the stuff of the visit to the prison. This is the room secure their homeland, and that send a science fiction just a generation ago. In that is alleged to have had a light on clear signal that we want to work to- so many ways it has spawned a new for 4 hours, but there is one problem— gether in the fight in Syria. But today economy and fostered new connections no window, no way to possibly see into I can’t have that as a priority. Today across the country and the world. this room. In fact, the windows down- my No. 1 priority is releasing Pastor In large part these successes owe to a stairs are closed with storm—I am try- Brunson. I hope everybody understands bipartisan consensus that Washington, ing to think of the name—shutters, that this is something that every- DC, should be largely hands-off, but, of wooden shutters. There is no way you body—whether you are from North course, like every exciting new frontier could even see in. Yet this witness had Carolina, North Dakota, or any State of the economy, the internet attracted what they considered to be compelling in this Nation—should all stand as a attention from the crowd that prefers testimony that a light had been on, nation saying: This is not how you to regulate first and ask questions and for that reason, the pastor had to treat an American citizen and cer- later. have been involved in the terrorist plot tainly not a NATO ally. In 2015 President Obama’s FCC set or the coup. I look forward, hopefully, to never out to fix what wasn’t broken. It im- Another of the charges that have doing this speech again. I hope that by posed regulations designed for Depres- been alleged by the prosecution is that next week Pastor Brunson is free and sion-era telephones on new tech- all of the churches in America are con- that we sent a very clear message to nologies that fit in our pockets. So

VerDate Sep 11 2014 01:19 May 17, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.002 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2689 much for the light-touch approach that Of course, not a single Democrat the U.S. Senate votes on the future of helped the early internet grow. showed up when it was time to vote on the internet, the most powerful plat- Last year, under the leadership of tax reform. But Republicans accom- form for commerce and communica- Chairman Ajit Pai, the FCC sought to plished it anyway, and now the New tions in the history of the planet. rectify this mistake and restore the York Times can publish stories about Today, we show the American people rules that helped the internet flourish how the measure is making a big dif- who sides with them and who sides while still protecting consumers from ference for small craft distillers. with the powerful special interests and abuses. The resolution Democrats are As one such report puts it, distilling corporate donors who are thriving putting forward today would undo that is a burgeoning source of jobs, tax rev- under this administration. progress. It would reimpose heavy- enue, and tourism dollars in every Today, we vote on my Congressional handed Depression-era rules on the State. For example, the Kentucky Dis- Review Act resolution to save net neu- most vibrant, fast-growing sectors of tillers’ Association reported that just trality. Net neutrality may sound com- our economy. It is wrong on the mer- last year the bourbon industry ac- plicated, but it is actually very simple. its. It is also the wrong way to go counted for 17,500 jobs and over 1 mil- After you pay your monthly internet about this process. lion visitors to my home State. That is bill, you should be able to access all The CRA is useful when it lets elect- a big shift from the so-called Obama content on the web at the same speed— ed representatives rein in regulatory recovery, when almost all the limited no slowing down certain websites, no overreach by unelected bureaucrats, jobs and investment poured into the blocking websites, and no charging you but this resolution doesn’t seek to rein biggest cities. But it is a new day. more to exercise your 21st century in overregulation. It seeks to reimpose Now, FEW Spirits, in Illinois, has right to access the internet. It is as it. What is worse, by using the CRA hired more workers and is replacing its simple as that. mechanism, the Democrats seek to overseas glassmaker with an American If that sounds like common sense, make the 2015 rules permanent going one. J. Rieger & Co., in Missouri, has you are not alone. In fact, according to forward. The CRA would handicap this found extra room in the budget to ex- a recent poll, 86 percent of Americans FCC or future FCC’s ability to revise pand its sales team and begin selling support net neutrality. This isn’t a par- the rules even if provisions were widely its products further across the country. tisan issue; 82 percent of Republicans seen as necessary. In the Democratic leader’s own back- There is a better way to proceed. It is support net neutrality. yard of Brooklyn, the New York Dis- Every day, we are told that this called bipartisan legislation. Senator tilling Company recently cut the country is more divided than ever, that THUNE has reached out to the Demo- wholesale case price on its signature our differences outnumber our similar- crats on the committee to draft inter- gin by more than 50 percent. According ities. Well, the American people agree net ‘‘rules of the road’’ for the 21st cen- to one of its cofounders, Allen Katz, on net neutrality. They agree that the tury—a set of rules that would safe- ‘‘the reaction from our industry peers internet is for everyone. They agree guard consumers but still prevent regu- has been jaw-dropping.’’ In Kentucky, that we cannot afford to blindly trust a lators from stifling innovation at every which is home to more than 50 distill- turn. Already, multiple Democratic few internet service providers—AT&T, eries, there are plenty of examples to Comcast, Verizon, Charter—to put con- colleagues have drawn the same con- choose from. Thanks to the lowered exclusions with regards to preemptive sumers first. Yet, once again, the cise tax, Casey Jones Distillery, a Trump administration has neglected overcorrection by the FCC. The senior small operation in Hopkinsville, is Senator from Florida and the junior the will of everyday Americans and growing its team, increasing produc- given a gift to the rich and the power- Senator from Hawaii, for example, tion and planning to enhance its event ful. have both expressed a desire to collabo- space. Copper & Kings, in Louisville, rate on bipartisan legislation. In December, the Trump Federal has been able to hire more workers and Communications Commission elimi- But Democrats have already made is preparing to expand its warehouse clear that the resolution today is about nated the very rules that prevent your and add a new bar for guests. The Cop- internet service provider from indis- the elections in November. They know per & Kings team recently shared with they will not ultimately be successful, criminately charging more for internet me that tax reform is ‘‘one of the most fast lanes, slowing down websites, but they want to campaign on their de- important initiatives [the Senate] blocking websites, and making it hard- sire to add new regulations to the could pursue to help create jobs for er and maybe even impossible for en- internet. This resolution takes us in small businesses in Kentucky.’’ the wrong direction, and we should re- My Democratic colleagues failed to trepreneurs, job creators, and small ject it. block tax reform last year, and now businesses—the lifeblood of the Amer- ican economy—to connect to the inter- TAX REFORM they want to just keep arguing about Mr. President, on one final matter, it. They even propose to repeal it and net. The Trump Federal Communications later today I will be meeting with roll back Americans’ tax cuts, but en- Commission picked clear winners and members of an industry with deep trepreneurs across the country are lov- roots in my home State of Kentucky— ing our new 21st century Tax Code. losers when it repealed net neutrality. our bourbon and spirits distillers. They are using it to expand operations When the Federal Communications Judging by recent headlines, we will and to create jobs. Commission decision takes effect on have plenty of good news to discuss. It is hard to argue with results—not June 11, Big Telecom will have new After 8 years of Democrats’ policies en- that it has stopped our Democratic tools to inflate profits, but Americans riching big cities but leaving small friends from trying, and I am sure they and small businesses that use the businesses behind, Republican policies will continue to try. But Republicans internet to do their jobs, communicate are helping workers and job creators to will stay focused on taking steps like with each other, and participate in thrive all across our country. From these and raising a glass to America’s civic life will be left defenseless. Louisville to Kansas City to Portland, small businesses. Don’t be fooled by the army of lobby- our growing craft distilling industry is I suggest the absence of a quorum. ists marching the Halls of Congress on a perfect example. They are enjoying a The PRESIDING OFFICER. The behalf of the big internet service pro- pro-growth provision in the historic clerk will call the roll. viders. They say that we don’t need tax reform Republicans passed last The legislative clerk proceeded to these rules because the internet service year, which lowered excise taxes on call the roll. providers will self-regulate. Blocking, beer, wine, and spirits and modernized Mr. MARKEY. Mr. President, I ask throttling, paid prioritization—these the regulatory policy affecting each. unanimous consent that the order for harms are alarmist and hypothetical, Interestingly enough, the Craft Bev- the quorum call be rescinded. they say. Well, that simply is not the erage Modernization and Tax Reform The PRESIDING OFFICER. Without case. These practices are very real, and Act even began as a bipartisan effort objection, it is so ordered. in a world without net neutrality, they with 56 cosponsors here in the Senate, NET NEUTRALITY may become the new normal. But don’t led by Senators BLUNT, WYDEN, and Mr. MARKEY. Mr. President, today just take my word for it. Let’s look at PORTMAN. is a monumental day. Today is the day the facts.

VerDate Sep 11 2014 01:19 May 17, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.004 S16MYPT1 S2690 CONGRESSIONAL RECORD — SENATE May 16, 2018 In 2007, an Associated Press inves- Today, the U.S. Senate will show its that is the case, but sometimes our po- tigation found that Comcast was block- true colors. It will either heed the calls lice officers are asked to put their own ing or severely slowing down of thousands of small businesses that lives at risk in defense of others. Back BitTorrent, a website that allowed con- have written in support of this Con- in my hometown, New York, we are sumers to share video, music, and video gressional Review Act resolution and protected by the finest law enforce- game files. From 2007 to 2009, AT&T the millions of Americans who have ment organization in the world—the forced Apple to block Skype and other sent letters, posted tweets, and made NYPD. Just 2 weeks ago, two rookie competing services from using AT&T’s calls defending net neutrality or the New York police officers, Flavio wireless network to encourage users to Senate will give another present to the Chauca and Jason Truglio, rushed into purchase more voice minutes. In 2011, rich and the powerful. a burning apartment building and up Verizon blocked Google Wallet to pro- The Senate will either follow the ex- nine flights of smoke-filled stairs to tect a competing service it had a finan- ample of Governors, State legislators, pull several people to safety. It was an cial stake in developing and pro- and attorneys general all over the extraordinary act of heroism—and just moting. country who are fighting to save the another day in the line of duty for the There is no shortage of evidence that internet as we know it or it will let over 35,000 men and women of the New we need clear and enforceable rules of President Trump, once again, break his York Police Department. the road so that these discriminatory campaign promise of putting average All of us in Congress are indebted to practices do not become commonplace Americans ahead of swampy special in- the U.S. Capitol Police who spend long schemes that consumers and small terests. It will either stand up for the hours protecting us every day. We saw businesses must suffer through without principles that have allowed the U.S. their bravery in action last year when any options for recourse. internet economy to become the envy a gunman attacked a congressional This isn’t the first time Congress has of the world or it will make another baseball practice. If it weren’t for the had to step in to protect the integrity unforced error that threatens our long- grit and valor of Officers David Bailey of the marketplace. In the 1800s, we term competitiveness. and Crystal Griner, things would have didn’t have the information super- I urge my colleagues to make the de- gotten much worse. highway. We had railroads. American cision our constituents—with one We should all take a moment to farmers used trains to deliver their voice—overwhelmingly are asking us thank the hard-working law enforce- products to consumers, and powerful to make. I urge my colleagues to vote ment officers at the FBI. Over the last railroad trusts started charging certain yes on this Congressional Review Act year, our Nation’s top law enforcement farmers higher rates to move their resolution to restore net neutrality, to officers have been unfairly maligned by goods. Congress stepped in and passed restore the principle of nondiscrimina- this President. It is unheard of, par- the Sherman Antitrust Act to put a tion, to restore the protections for ticularly on the Republican side, to be stop to this price discrimination. small startups, for individuals in our so anti-law enforcement, and it ma- Today, we have left the steam engine country so that they cannot be dis- ligns the brave men and women who era, and we have moved into the search criminated against online. work under them too. Our FBI agents engine era. Internet service providers This is net neutrality day here on the are patriots, just like the men and are the 21st century trusts controlling floor of the U.S. Senate. Today is the women out on the beat. the channels of commerce. And in 2018, day of reckoning, when the Trump Fed- So, today, I salute the men and many American job creators aren’t eral Communications Commission is women in blue, particularly my friends moving alfalfa seeds; they are moving going to have their act judged by the at the NYPD and our fine Capitol Po- kernels of ideas for the next big app, U.S. Senate. My hope is that before the lice, as we commemorate the lives of the next new startup. end of this day, the Senate will vote to their colleagues lost in the line of Net neutrality is about continuing overturn the Trump FCC and restore duty. the American tradition of promoting net neutrality, restore the principle of NORTH KOREA competition and providing the level nondiscrimination, restore the prin- Mr. President, last night, we received economic playing field we need to con- ciple of equality, restore the principle reports that Kim Jong Un is threat- tinue to prosper in this rapidly chang- that small software and internet ening to pull out of a planned meeting ing global economy. But net neutrality startups are given the same protec- with President Trump as a result of the isn’t just an economic issue; it is also tions that the biggest companies in our routine and scheduled joint military central to the health of our democracy. country are provided. exercise by American and South Ko- Over the past several months and Today is the day. Net neutrality is rean forces. years, Americans all over the country the vote that will determine whether After weeks of halting progress, it is from all walks of life have mobilized we are going to give those protections a reminder that the North Korean re- and marched, fighting for progress and to every American. gime has not suddenly moderated. Re- change—Black Lives Matter, the Wom- I yield the floor. member, all that has happened so far en’s March, the ‘‘me too.’’ movement, I suggest the absence of a quorum. is, North Korea has announced it is high school students demanding gun The PRESIDING OFFICER (Mr. closing a nuclear test site that was control, teachers calling for fair pay. TILLIS). The clerk will call the roll. defunct anyway and returned American Today citizens of all walks of life are The senior assistant legislative clerk citizens they never should have de- carrying the torch of American activ- proceeded to call the roll. tained. We are all thankful those three ism, and they are doing it online. Mr. SCHUMER. Mr. President, I ask Americans have returned home, but it In 2018, this is how the American peo- unanimous consent that the order for was not some major give by Kim Jong ple are organizing. This is how the the quorum call be rescinded. Un. Americans should never be impris- American people are doing the indis- The PRESIDING OFFICER. Without oned unlawfully by a foreign power and pensable work of an active citizenry. objection, it is so ordered. treated as diplomatic bargaining chips, This is how the American people are RECOGNITION OF THE MINORITY LEADER and we, as a country, should not be giv- speaking truth to power. The Democratic Leader is recognized. ing huge kudos to a leader who does Asking individuals to pay extra to NATIONAL POLICE WEEK just that. speak out for what they believe in, al- Mr. SCHUMER. Mr. President, this President Trump, on the other hand, lowing companies to stifle or even week is National Police Week. It is a made a significant concession when he block access to certain ideas—that time to honor the brave men and agreed to meet with Kim Jong Un. We isn’t who we are as a country. It isn’t women who put their lives on the line are rooting for the President’s gamble, consistent with the values of non- every day to keep our streets safe. with this mischievous and dangerous discrimination. Net neutrality is the Every morning, police officers all regime, to work. Now that push is com- free speech issue of our time, and the across the country wake up, put on ing to shove, Kim Jong Un is baiting well-being of our precious democracy their uniform praying for the kind of the President into making more con- depends on the public having equal, un- day the rest of us typically enjoy: a cessions to ensure a meeting that was fettered access to the internet. routine one. Praise God, most days a concession to them in the first place.

VerDate Sep 11 2014 01:19 May 17, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.005 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2691 I strongly urge President Trump: Mr. Representative NUNES. It is designed to I yield the floor. President, don’t give Kim Jong Un any- let the President and his lawyers inter- Mr. ALEXANDER. Mr. President, thing for free. North Korea is threat- fere with the Mueller probe and to get today the Senate is finally voting to ening to cancel the summit over our a peek at any potential evidence. confirm a well-qualified nominee, BG joint military exercises with the That is why the Democrats on the Mitchell Zais, to serve as Deputy Sec- South. That would be a mistake. It committee, led by Senator FEINSTEIN, retary at the Department of Education. would be a mistake for the President to have today released a document detail- I worked to get a time agreement for cancel this exercise, to begin making ing the open threats of the committee’s this vote because General Zais did not further concessions before Kim has dis- investigation—the interviews not con- deserve to be subject to the Democrats’ mantled a single nuclear weapon or ducted, the leads not followed. The in- unreasonable and unnecessary obstruc- agreed to a single inspector. If we show formation Judiciary Committee Demo- tions and delays. For example, General weakness—if the minute Kim Jong Un crats provided today shows one thing: Zais was nominated on October 5, 2017, threatens, we go along, he will con- Committee Democrats have made crys- 223 days ago, and the HELP Committee tinue to take advantage of us. We must tal clear that committee Republicans approved his nomination for the first show strength and fortitude. By con- are prematurely saying ‘‘pencils time on December 13, 2017, 154 days tinuing these military exercises, we down.’’ There is much left to inves- ago. Because the Democrats forced his will do just that. I urge the President tigate, many witnesses still to be nomination to be returned to the Presi- to not even blink an eye but say we are heard, and many facts left to follow. dent at the end of the session in De- going forward with these exercises. We The message of Senate Republicans cember, the HELP Committee had to have seen North Korea play these on this investigation is ‘‘Pay no atten- approve his nomination again on Janu- games before. When North Korea wants tion to the man behind the curtain.’’ ary 18, 2018, after he was renominated. or needs something, exercises are a The American people will not be It is time to confirm General Zais problem. When they don’t need some- fooled. They know the difference be- and give Secretary DeVos a Deputy thing, the exercises are not a problem. tween a genuine search for truth and a Secretary. He has extensive experience Kim is clearly testing the United whitewash. working in education and in govern- States and President Trump, trying to I remain hopeful that Senators Burr ment. From January 2011 to January see if there is any weakness or despera- and Warner are running down every 2015, General Zais served as South tion or division on our side. We must lead and every thread, but there is no Carolina’s elected State Super- be strong. We must be resolute. This doubt that the Senate Intelligence intendent of Education. Before that, he exercise should move forward. Committee’s investigation will be the was president of Newberry College in The best way to head into these ne- next target of the President’s talking South Carolina for 10 years. He also gotiations with the North is to make heads on FOX News. served as a commissioner on South clear that we will not be bullied and to PRESCRIPTION DRUGS Carolina’s Commission on Higher Edu- show strength. We have to be willing to Mr. President, finally, on prescrip- cation for 6 years. Further, after 31 walk away from an insufficiently ro- tion drugs, I read a headline in this years in the U.S. Army, he retired as a bust deal, and making concessions be- morning’s Washington Post: ‘‘Trump’s brigadier general. He graduated from fore we even sit down at the table drug price retreat adds to list of aban- West Point, has a Ph.D. from the Uni- would send the opposite signal. To doned populist promises.’’ That head- versity of Washington, as well as an achieve an enforceable, verifiable, and line is spot-on. The President has re- honorary doctorate of education from enduring agreement to denuclearize peatedly talked like a populist but gov- the Citadel. the North Korean Peninsula, the erned like a plutocrat. As Deputy Secretary, his job will be United States cannot give away lever- On taxes, the President said that his to help the Secretary manage the De- age before even getting in the room. bill would be for the middle class. It partment of Education, which includes RUSSIA INVESTIGATION turned out to be a trillion-dollar boon- implementation of the Every Student Mr. President, on another matter, doggle for the rich and powerful. Succeeds Act. I am glad we are having the Judiciary Committee report, this On prescription drugs, it is no dif- this vote today. I support his nomina- morning Republicans on the Judiciary ferent. After saying that pharma- tion, and I urge my colleagues to sup- Committee released the transcripts of ceutical companies were getting away port him as well. interviews conducted as part of its in- with murder and that he would bring The PRESIDING OFFICER. The Sen- vestigation into Russian meddling. It down prices, President Trump proposed ator from Hawaii. was a perfunctory move, apparently in- only the policies most palatable to the NATIONAL POLICE WEEK tended to signal the end of the Judici- drug industry. Ms. HIRONO. Mr. President, this is ary Committee’s on-again, off-again, Just today, I read about a company National Police Week, and I join my halting investigation. that proposed tripling the price of a colleagues in saluting all of our law en- Senate Judiciary Committee Repub- widely used cancer drug. They ulti- forcement personnel and our brave men licans are rushing to declare their in- mately backed down after a public out- and women who have put their lives on vestigation complete when they have cry, but it shows that this problem the line every single day to keep our barely scratched the surface. After isn’t going away anytime soon. communities safe. more than a year of intermittent ef- We Democrats have proposed an inde- NET NEUTRALITY fort, Senate Republicans have inter- pendent group to go after egregious in- Mr. President, turning to another viewed only 12 witnesses in total. creases in drug prices, such as the one subject, net neutrality, protecting a Today they are releasing the tran- mentioned about cancer drugs today. free and open internet is something scripts of the testimony of just five Where is the President on this issue? every American should care about. Re- witnesses who were interviewed about He has to walk the walk, not just talk storing net neutrality protections is the notorious June 2016 Trump Tower the talk. about more than just what shows we meeting. One of the witnesses, an infa- As President Trump was giving his can watch on Netflix and Hulu. We de- mous, Kremlin-connected lawyer, was speech last Friday outlining his plan pend on the internet for nearly every- allowed to provide only written an- on prescription drugs, guess what the thing in our lives—from staying in swers—no followup questions, no prob- reaction was. The stocks of major touch with loved ones on social media ing. Astoundingly, our Republican pharmaceutical companies shot up- to communicating with doctors and friends decided not to even interview ward. That says all you need to know paying our bills. It is also about pre- two of the other key participants in about how tough President Trump’s serving access to information in times that meeting—Jared Kushner and Paul plan on prescription drugs really is. of need. Manafort. Just like the issues of taxes, Over the past month, Hawaii resi- To call the Senate Judiciary Com- healthcare, infrastructure, and drain- dents have depended on the internet to mittee’s Trump-Russia investigation ing the swamp, on the issue of prescrip- access lifesaving information and to halfhearted is too generous. It has been tion drugs, President Trump continues communicate with their friends and no different from the effort taken by to fail to deliver for the middle class. family during a series of devastating

VerDate Sep 11 2014 01:19 May 17, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.006 S16MYPT1 S2692 CONGRESSIONAL RECORD — SENATE May 16, 2018 natural disasters. On April 15 and 16, audience. The good work of journalists I yield the floor. nearly 50 inches of rain fell on Hanalei at Hawaii News Now, KITV, and An- The PRESIDING OFFICER. The Sen- on the North Shore of Kauai, setting thony Quintano at Civil Beat, for ex- ator from Washington. the record for the largest rainfall in a ample, is being seen by people across Ms. CANTWELL. Mr. President, I 24-hour period in American history. the country and around the world on thank my colleague from Hawaii, and This storm destroyed many homes, CNN and NBC News, among others. The our sympathy is with the State of Ha- triggered mudslides that closed Kuhio response of these local news outlets to waii as they respond to this volcanic Highway, and damaged local busi- natural disasters in Hawaii dem- eruption. I noticed on the news this nesses. That same storm also caused onstrates why they are so important to morning that they were referencing it widespread flooding and damage on an- the communities they serve. These could be as bad as Mount St. Helens. other island in East Oahu. news outlets depend—depend—on a free Trust me, that had a devastating im- In an event that has drawn inter- and open internet to deliver their con- pact on our State. I hope that all Fed- national attention, volcanic activity tent to consumers where and when eral agencies are helping in whatever on Hawaii Island—including fissures, they need it. ways they can with Hawaii’s natural along the Kilauea east rift zone, For an industry already facing a disaster. around 100 earthquakes per day, lava funding crisis driven by declining ad- I also thank her for talking about the eruptions, and significant ash fall vertising revenue, the rollback of net importance of net neutrality. I, too, events—has already destroyed 40 struc- neutrality would have a devastating have come to the floor to defend the tures in the Puna community. More impact on local news. A 2017 report by open internet. It is a pro-consumer, than 2,000 residents have been evacu- Adam Hersh at the Center for Internet pro-innovation rule that we have to ated as the lava continues to flow and and Society at Stanford University co- build on because it is worth 7 percent toxic sulfur dioxide pollutes the air. gently summarizes what is at stake. of our GDP and 6.9 million jobs. That is Residents on Kauai, Oahu, and the According to his report, local news what the internet economy is. Big Island have depended on a free and sources would be particularly hard hit The net neutrality rules that we are open internet to receive up-to-the- if ISPs could charge access fees, block fighting for today have four bright-line minute, lifesaving information from traffic from certain providers, throttle rules that help businesses, help con- local media, as well as from Federal, speeds, and charge fast-lane fees in ex- sumers, and help our internet economy State, and local governments. change for preferential treatment. to grow. They are these: No. 1, don’t Rules on net neutrality established Huge media conglomerates would have block content; No. 2, don’t throttle by the Obama administration pre- little trouble paying for access, but content—that is, don’t slow it down— vented internet service providers— local papers like the Star-Advertiser and No. 3, don’t create paid ISPs—from discriminating against and and nonprofit news sources like Civil prioritization, which is like in the blocking content. These essential pro- Beat could be hard hit or even driven Burger King ad saying: If you want the tections help to ensure a level playing out of business. next Whopper available, pay $15. I field for all content providers and con- In addition to the impact on local think they did a pretty good job of sumers, but under the leadership of news providers, repealing net neu- showing what would happen if you had trality could make it more difficult Donald Trump’s handpicked Chairman, every business operating that way. No. and expensive for relief organizations the Federal Communications Commis- 4 is transparency, to make sure that to collect donations for people affected sion issued an order late last year that you know exactly what you are getting by natural disasters. The Pu’uhonua o would completely eviscerate net neu- charged for. Puna community center, for example, trality protections. The Obama-era Federal Communica- is using social media to organize a Internet service providers looking to tions Commission adopted rules that community and statewide relief re- maximize profits should not be able to basically protected consumers and sponse to help families affected by vol- restrict access to information or slow businesses on those four things. Why canic activity. Using their online plat- speed for providers unable to pay more, did they do that? Because there were form, the center is coordinating dona- particularly during a natural disaster some who were trying to eke their way tions, identifying families requiring or other emergency. into making more money off of con- special assistance, and connecting During the flooding on Kauai and sumers and businesses on what is basic evacuated residents with people who Oahu and the ongoing volcanic activity service. on Hawaii Island, local news providers can help. Eliminating net neutrality would Title II was the regulatory frame- have been a critical lifeline for local also have a negative impact on small work that the Obama-era FCC used to residents in search of timely, accurate, businesses in Hawaii, including those make sure that consumers were pro- and understandable information. Tradi- hard hit by recent disasters and those tected. They were the strongest tools tional newspapers like the Honolulu affected by decreased visitor access. available, and they helped to make Star-Advertiser, the Garden Island, and Small businesses depend on high-speed sure that there was not monopolistic the Hawaii Tribune-Herald, as well as and high-quality internet to reach behavior that would harm businesses. online news sources like Honolulu Civil their customers and grow their busi- The rule that was established by the Beat, Big Island Now, and Big Island nesses. We all know this. then-Federal Communications Com- Video News have provided an essential We had a Small Business Committee mission was an open internet with the service to the public. Through their meeting hearing yesterday, where it FCC being the cop on the beat. That is websites and social media channels, was acknowledged that small busi- to say, if you have these rules, you also these news sources have provided de- nesses depend very much on the inter- have to have someone who is going to tailed reporting about the precise loca- net and free and open access. These enforce them, someone who is going to tion of hazardous locations, where businesses don’t have the resources to look at the monopolistic behaviors of evacuees can find shelter and essential compete in a pay-to-play system on the cable companies or providers and say: services, and where the public can internet. That is unfair to consumers and busi- make donations of clothing and non- It is because of stories like these that nesses. perishable food. Television stations a bipartisan group of Senators is forc- But under the Trump-era FCC, all of like Hawaii News Now, KITV, and ing a vote to save net neutrality. An those rules were thrown out. That is KHON have also used their websites internet service provider should not be why we are here today. I and my col- and social media platforms to able to restrict access, especially—es- leagues are saying that we want to go livestream news reports that have been pecially—during a major disaster, such back to the protections of the internet a critical lifeline for local residents as those being experienced in Hawaii, that are called ‘‘net neutrality’’ to and for their families and friends. just so they can make more money. make sure that the FCC—instead of a National and international journal- I encourage all of my colleagues to passive entity that just OKs every ists have also drawn on the work of join this effort and pass this resolution charge that cable companies want to local Hawaii journalists to report their to prevent the elimination of net neu- do—says: These are rules about not stories to a national and international trality today. slowing down content, not engaging in

VerDate Sep 11 2014 01:19 May 17, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.008 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2693 monopolistic behavior. These things that we protect businesses and con- entire industry showed that the total are wrong, and we are going to be the sumers, and that is exactly what title capital expenditures increased by more policeman on the beat. II does. It helps to protect us from a than $550 million above the previous The FCC can protect consumers and cable company gouging and its close year’s investment. For example, in a innovators, and they can make sure cousin—paid prioritization. 2017 earnings report, Comcast, the Na- that internet traffic does not violate Title II makes sure that the barriers tion’s largest broadband provider, an open internet. But, as I said, the to entry are not erected so that entre- noted that its capital expenditures in- Trump-era FCC is trying to throw out preneurs or startups that want to bring creased 7.5 percent to $9 billion and these strong rules, and cable companies new products to market aren’t artifi- that it continued to make deployment are already—already—starting to raise cially slowed down and a larger com- in platforms like X1 and wireless gate- prices for higher speed. petitor that can pay more for it can ways. In Vancouver, WA, Comcast recently continue the access. Likewise, AT&T spent $22 billion on announced that higher speed tiers Just recently, we had an event with capital investments, up $20 billion from would be available but only to con- Redfin, a company that is changing the the previous year. sumers who purchase expensive paid real estate market in the Pacific In fact, 2016 represents the industry’s TV-internet bundles. That is why we Northwest by helping to drive down the highest single-year jump in broadband are here. Because while it sounds like: cost to consumers for real estate pur- network investment since 1999. Why do we want to give cable compa- chases. They made it very clear that So the notion that they are somehow nies the opportunity to throttle, block, Redfin was able to develop today be- going to slow down on investment is or create paid prioritization, we also cause it had an open internet and its just not true. The historic growth have to realize that today the internet consumers and business partners could came after companies had a full year to economy is so much bigger than it has connect to it. But in a world where digest the impacts of title II and net ever been; that it is a job creator and they were just starting out new and neutrality rules being put in place by an innovator. In my State, it is 13 per- they had to pay for prioritization to the Obama-era FCC. cent of our economy, and thousands of get good broadband service, they may So where are we today? Well, these jobs that continue to grow every day as not have been as successful. companies continue to make money, new applications for the internet are These rules—title II—give expert and they want a free pass on con- created. agencies the tools to look behind the tinuing to make more. That is why our It is so important that businesses, curtain and make sure that cable com- goal is not the profits of big cable com- which are even using these apps to help panies are providing the services that panies. Our goal is to make sure that run their businesses more efficiently, do not violate an open internet. the internet economy continues to There is a reason that cable compa- continue to get access to those tools. grow and the juggernaut of job cre- nies don’t want to follow these rules. It But what about an internet in which a ation and innovation continues to ex- is because they want to make more cable provider decided to artificially pand. money. I get it. They want to make slow down that website and thereby We want the internet ecosystem that more money. But I would say that with create a disincentive for the very has doubled as a percentage of GDP 40 percent of Americans having no from 2007 to 2017 to continue to grow. things that are helping to make our choice in whom they buy internet serv- As I said, in my State it is about 13 businesses more efficient? ices from, we have to be much more So we want to make sure that the percent of our State’s economy, and I vigilant. These companies have several FCC does its original job. What is that? spend practically every day in the Sen- vertically integrated companies at the Well, they are there to promote devel- ate hearing about another innovation top, and they are seeking to amass opment and adaptation of communica- more and more content. That could from someone in my State. It might be tion networks in the public interest. give them the tools, again, to block the farm economy and more efficient They are serving consumers, and that content, to slow it down, or to x out a ways to produce products or get prod- is the center of their mission. competitor if they so choose. I do not ucts to market or manage their live- The center of their mission should want to see the FCC sitting on the stock. It might be in telemedicine and not be serving cable companies. That is sidelines and not policing this kind of helping someone from one side of the why courts have said to the FCC: If you environment. State to the other to get access to want to have the authority to protect I know that AT&T is now trying to care. It might be as basic as connecting an open internet, you have to do that merge with Time Warner. These large people to their families and loved ones, under title II. Basically, the court ex- companies want to continue to amass but it is the internet that we know plained that if enforcing open internet content and to drive the marketplace. today that is so integral to our lives. principles and being a watchdog The American Consumer Satisfaction I hope the commonsense legislation against abuses is important to the Index tracks consumer satisfaction, in front of us—the CRA—which would FCC’s mission of promoting the deploy- and these big companies are at an all- restore those Obama-era FCC net neu- ment and adoption of communications time low. Do consumers think they are trality rules, passes. I hope our col- in the public interest, then, those pow- going to do the right thing on their leagues will understand that getting ers have to flow from title II of the own? Do they think cable companies exorbitant internet fees from cable Communications Act. So that is why will do that? providers is not the direction the the Obama-era FCC adopted those The cable industry ranks at the very American people want to go. American rules. bottom of 43 industries in consumer entrepreneurs, innovators, and con- Today we know that the internet is a satisfaction. In fact, it has been in the sumers cannot afford to take that hit. basic necessity. It provides access that dead-last position for 5 years. So does What they want to see is an open inter- helps our healthcare delivery system the public think they are doing the net—one that continues to allow so work, our education system work, our right things when it comes to them or much more of the internet economy to banking system work, shopping, and their businesses? I think that survey flourish. all sorts of things that make it a nec- says it all. They have great concern. Let’s make sure that we say to the essary tool in life today. One of the reasons cable companies FCC: We don’t want you folding or sit- When a service is that essential and give for why they don’t want to follow ting on your hands. We want you to po- critical to individuals and commu- net neutrality rules is because they say lice the internet, and we want you to nities and their economic success, we it will hurt their investment in net- have the rules to do it. need to make sure that consumers have works. Well, I guess I would ask the That is why we must pass the CRA protections and to make sure that it is question: Did the Obama-era FCC rules today. I hope our colleagues on the not abused. slow down investment? No, they didn’t. other side of the aisle will join us, be- In the United States, just three pro- The big cable companies continued to cause there is just too much at stake viders of internet access have about 70 make investments in their networks. in our innovation economy. percent of consumers. In any market In the year immediately following I thank the Chair. with only a few players, it is essential the FCC rule that went into place, the I yield the floor.

VerDate Sep 11 2014 01:19 May 17, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.009 S16MYPT1 S2694 CONGRESSIONAL RECORD — SENATE May 16, 2018 The PRESIDING OFFICER. The Sen- web pages, apps, and streaming and shop owner now is using the internet in ator from New Hampshire. video services by slowing them down, order to get to customers so he can Ms. HASSAN. Mr. President, I thank blocking them, or favoring certain show his wares on the internet and be my colleague from Washington for her services while charging more for oth- able to compete against one of the leadership and her articulation of a big ers. large, giant retailers that does a lot of issue before us. I too rise today ahead Protecting a free and open internet business on the internet. of a vote that is of vital importance to means we are protecting the farmers If a consumer in Baltimore goes onto protecting a free and open internet. who need the internet to sell their that bike shop’s website, and if the Last week FCC Chairman Ajit Pai products. It means we are protecting product that consumer is interested in announced that June 11 would be the the next great startup which needs a will not pop up within a couple sec- date when key net neutrality protec- level playing field to compete against onds, the consumer is gone. There has tions will officially end. This back- larger, more established companies. It been study after study that shows that ward, misguided decision from the FCC means we are protecting the countless about 3 seconds is the maximum atten- threatens the consumer friendly inter- Americans who have used the internet tion span of a consumer shopping on net that Americans know today—an as a mechanism to organize and the internet. internet that ensures equal access to civically engage online. The large store that has access to the content, regardless of which internet There has been so much energy from fast-service broadband will have an in- service provider you use. Granite Staters and Americans who are credible advantage over our small busi- Ending net neutrality could impact in favor of reinstating net neutrality nesses if we allow the utility that pro- all of our people. In New Hampshire, because they know how much is at vides the internet service to discrimi- our citizens are rightly concerned, with stake. I am grateful for their efforts to nate against the smaller users. That is thousands of Granite Staters con- speak out because they have helped us what this debate is about. It is about tacting my office to urge Congress to get to this point today. I am hopeful protecting individual consumers, and it save these key protections. more of my Republican colleagues will is about protecting small businesses. I am pleased to join my colleagues, join us today to put consumers and There is a reason why, in 2015, the both Republican and Democrat, to small businesses first and to show that open internet order was passed to pro- force a vote to do just that. the U.S. Senate is in favor of a free and tect utilities that provide internet Reinstating net neutrality is critical open internet. service from blocking or slowing down to promoting innovation, supporting I suggest the absence of a quorum. internet service. entrepreneurs and small businesses The PRESIDING OFFICER (Mr. SUL- Broadband internet service is a pub- across New Hampshire, and encour- LIVAN). The clerk will call the roll. lic utility. It is interesting that almost aging economic growth. By ensuring The senior assistant legislative clerk half of the consumers have no choice in that our businesses can compete on the proceeded to call the roll. whom they have to provide their inter- internet on an equal footing, we pro- Mr. CARDIN. Mr. President, I ask net service. They have basically one vide more opportunity for a wide range unanimous consent that the order for internet provider to choose from. Com- of businesses, from high-tech compa- the quorum call be rescinded. petition does not exist. So this is not a nies and startups to farming and agri- The PRESIDING OFFICER. Without matter of competition; this is a matter culture. objection, it is so ordered. of preventing discrimination. On Monday, I visited Stoneyfield Mr. CARDIN. Mr. President, I take I have had the honor of being the Farm in Londonderry, NH, to discuss this time to urge my colleagues to sup- ranking member of the Small Business the negative impact that repealing net port S.J. Res. 52, which would reinstate and Entrepreneurship Committee, and neutrality will have on their business the free and open internet. I thank my I can tell you, on behalf of the small and countless other businesses across colleagues, Senator MARKEY and oth- businesses of Maryland and around the our State. Stoneyfield is a New Hamp- ers, for bringing this to our attention. Nation, on behalf of farm owners shire business that sells organic dairy It deals with the Congressional Review around the Nation, they need to have products all over our country and re- Act to block regulation which had been access to the internet, and they depend lies on the internet to reach their cus- suggested that would repeal the protec- upon net neutrality. Fifty-six percent tomers. They also rely on the internet tions we have on the free internet. Let of the small business owners oppose the to connect with small businesses and me just give a little bit of background FCC’s repeal of net neutrality; 70 per- dairy farmers that help source their so we can put this in context. cent of small business owners feel they products. Internet service providers—known as are at a disadvantage compared to a When I met with representatives ISPs—are basically utility companies large corporation due to their size and from Stoneyfield and farmers from that provide internet service to our market power. The internet gives them around New England on Monday, they constituents, to our businesses, and to that capacity to try to equalize that made clear that they are worried about America. Without the protection for disadvantage. what could happen if smaller farms are net neutrality, these utilities have the John Duda is co-owner of Red charged more for access to websites ability to block or throttle content on Emma’s, a cooperative bookstore and and services—a potential effect of re- the internet or charging what is known restaurant in my hometown in Balti- pealing net neutrality. as being in the fast lane, charging more. He summed it up best by saying: Farmers are already operating on more. So this is a debate between I don’t have the money to pay an internet pretty small margins, and they could whether we are on the side of the big service provider to guarantee my website be hurt by having to pay even more to utility companies that provide internet will load quickly for all users, so I’m con- get the kind of speed on the internet service and their special interests or cerned the end of net neutrality means cus- they need in order to be competitive. the individuals and small businesses of tomers will buy from retailers that have the This is particularly troubling in rural America to guarantee them equal ac- resources to pay for faster service. Addition- ally, if my internet service provider slows areas, where many communities still cess to this critical service. Let me load times for—or blocks access to—my web face challenges with access to give one example, and there are many content, we’ll be up against more than just broadband. that can be given. larger book sellers or restaurants—we’re It is not just rural communities and I am sure, in every one of our com- suddenly competing against any website that farmers. This decision would hurt munities, we have a lot of small busi- loads quickly because those are the ones small businesses in any number of in- nesses. They recognize that they can that will draw people’s attention. dustries across New Hampshire, all to now do business on the internet, and This is a matter of economic survival give big internet service providers an- they have an opportunity to compete for small businesses. Everybody wants other opportunity to raise their prof- with the large companies that do most to make sure they have access and that its. of their business through the internet. we have superhighways for broadband. It would be unfair to all consumers In Baltimore, in Maryland, I have We have that in Maryland, and we need to give internet service providers the small shop owners. One I am particu- the last mile to make sure you can get power to discriminate against certain larly familiar with sells bikes. This connected. Absolutely, we have to do

VerDate Sep 11 2014 01:19 May 17, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.010 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2695 more to make sure all communities What Mr. Pai, the head of the Fed- net. The question at the heart of this have access to internet service, but, eral Communications Commission, and debate that you have to keep coming like healthcare, if you don’t have qual- his allies want is something very dif- back to is this: Once you pay that fee, ity care, access is not going to help ferent. Under their vision of how things shouldn’t everybody get a fair shake? you. You need to be able to have reli- would work online, there would be toll Shouldn’t we be able to say in America able broadband service. booths all over the internet, and those that once you pay that fee, you ought Net neutrality has lowered the bar- higher costs would, one way or an- to be able to go where you want, when riers to starting and growing a small other, come out of your pocket. That you want, and how you want? As the business, and that is undeniably good would work a hardship on millions of Trump FCC wants to do, should you be for our economy. We all brag about the Americans, on millions literally but es- able to say that the big cable compa- fact that small businesses are the pecially on small businesses, seniors, nies should be able to hot-wire the sys- growth engine of America and more and students. Everybody would be af- tem—to rig the internet—for the ben- jobs are created by small business, infected by a new approach that would efit of those who can afford to pay novation, et cetera. Let’s make sure we establish toll booths all over the inter- more? give small business what they need. net. I would say, because I have been lis- Let’s preserve net neutrality. My view is that there is no vote this tening to my friend talk about this, As FCC Commissioner Jessica body is going to take in 2018 that will that their vision is, really, something Rosenworcel put it, ‘‘For the first have a more direct impact on the wal- along the lines of an information aris- time, small business could think big lets of Americans than the one that is tocracy, whereby, if you have deep and consumers could shop small, from going to happen in a few hours. This is anywhere in the world.’’ Think about pockets, you are going to have access the last chance to protect the free and to a technology treasure trove, but the that for a moment: Small businesses open internet that comes about with can think big because they have access typical American, with his vision, is real net neutrality. The fact is, if we kind of on his way to digital serfdom. to the internet, and consumers can don’t do it, the Trump Federal Commu- shop anywhere in the world and shop in That is why it is so important to un- nications Commission and Chairman derstand what Chairman Pai and the small companies anywhere in the Pai want to turn the lights out on the world. The loss of net neutrality jeop- FCC are up to, which is special deals system I described today where, after for special interests and more power— ardizes that progress. you pay for your internet access, you In every State, community, and significantly more power—for those go where you want, when you want, home across our Nation, Americans ex- with deep pockets. how you want. That is what we have pect the water coming out of their tap What the people who are opposed to today. Without what we are doing here, to flow on demand and be safe to drink. real net neutrality have cooked up is a Chairman Pai at the Federal Commu- They expect the lights in their homes scheme called paid prioritization. I say nications Commission can change that to go on thanks to the utility company to Senator MARKEY that I have called and take money away from typical that provides the electricity. And, yes, this effort that of erecting tollbooths Americans to line the pockets of their they not only want but need to have online. What it means is that if you are friends at the big communications mo- access to broadband internet in the among the fortunate few, you get fast- nopolies, Big Cable. very same way. This is a utility, and it er download speeds and more content. If Republicans in Congress allow this needs to be regulated as such. If you are a big, established company, administration to get away with re- These providers should not have the guess what. You can stifle the competi- pealing net neutrality, Americans can last word in what any American can tion. You can squash the competition. certainly expect to be charged more for see on the internet. Access to the infor- Those opportunities aren’t going to be Netflix, for music services on Spotify, mation vital for our democracy and our available to an entrepreneur who is and for video game downloads—for ex- economy to function must be pre- just starting out in his garage some- served. ample, on PlayStation. This isn’t some academic policy where. For a family that is barely stay- Congress has a chance to put con- ing afloat, what it sounds like they are sumers and small businesses first and question that is going to show up years from now. Certainly, there are matters interested in is giving them second- prevent the FCC from bowing to cor- rate internet service. I think Senator porate interests instead of serving the we talk about where that could be the case. This is where the Trump Federal MARKEY and I remember that it was public interest. I urge my colleagues to not that long ago when big chunks of vote for S.J. Res. 52. Communications Commission could hand big cable companies more power America had dial-up, and people Mr. President, I suggest the absence seemed to wait forever to get online. of a quorum. and take more money out of the pock- The PRESIDING OFFICER. The ets of the American people next month. Mr. Pai is going to tell you with a clerk will call the roll. I am very appreciative of my col- straight face that these big cable com- The legislative clerk proceeded to league ED MARKEY for the extraor- panies have the best of intentions and call the roll. dinary leadership role he has taken. He that they are sort of going to go along Mr. WYDEN. Mr. President, I ask and I have enjoyed teaming up since with all of this voluntarily because it unanimous consent that the order for the days when we began in public serv- is just the right thing to do. Yet my the quorum call be rescinded. ice. Senator MARKEY was then Con- question is this: If the cable companies The PRESIDING OFFICER. Without gressman Markey, and he introduced are just going to go along with net neu- objection, it is so ordered. the first net neutrality bill in the trality, why is Mr. Pai working so hard Mr. WYDEN. Mr. President, it is im- House. I had the honor of partnering to get rid of it? It doesn’t really stand portant for everybody to understand with him when I introduced the first up. I always say at home, because peo- how things work today and what net net neutrality bill in the Senate. Both ple ask what it means for us—and they neutrality is all about. What net neu- of us said, literally, more than a decade have gotten to meet the charming Wil- trality is fundamentally about is that ago, that we needed communications liam Peter Wyden, aged 10—that there everybody gets a fair shake with re- policies that were rooted in the prin- is about as much chance that the cable spect to using the internet. After you ciple of nondiscrimination—trans- companies will voluntarily go along pay your internet access fee, you get to parency, openness, and freedom for all with net neutrality as the likelihood go where you want, when you want, online. Here we are, back in this fight that William Peter Wyden and his sis- and how you want. There are no special once again, to pass the Markey resolu- ter will voluntarily limit the number deals. There are no priority lanes for tion, which, in effect, will ensure that of their desserts. It is just not going to those with deep pockets to get more what my colleague has sponsored today happen. In particular, if Mr. Pai says content and get it faster than every- and sought to do a decade ago, on he believes in real net neutrality, the body else. That is not the way it works which I partnered with him, will actu- Markey resolution will give him a today. Everybody gets a fair shake on ally get done. chance to actually show that. But we an open and free internet because of Everybody understands that you all know that he doesn’t see it that net neutrality. have to pay a fee to get access to the way.

VerDate Sep 11 2014 01:19 May 17, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.011 S16MYPT1 S2696 CONGRESSIONAL RECORD — SENATE May 16, 2018 I just opened all townhall meetings don’t have to worry because we don’t Mr. WYDEN. Mr. President, my col- in Oregon, most of them in rural com- have any intention of discriminating. league has said it very well. It is what munities, and I know the distinguished Then we say: Well, that is what net I saw last week in these nine townhall Presiding Officer of the Senate rep- neutrality says, that you should not meetings, and almost all of them were resents a lot of rural terrain. I am tell- discriminate, that you should treat ev- in rural Oregon. ing you that people in those rural areas erybody equally. People joked and asked: RON, why are understand what is at stake for rural Then they turn around and say: Oh, you here? We have more cows than peo- America here. For rural America, with- you can trust us, but take the rules off ple. out the Markey resolution, it will the books that we say that we agree I said: My hometown is Portland. I mean the net will move along at snail’s with and that we are going to abide by. love Portland. pace. It will mean that rural businesses From my perspective, they are trying My only frustration, as my friend could have a harder time in getting off to have it both ways, but the way they knows, is I didn’t get to play for the the ground and reaching customers. I really want to have it is with no rules Trail Blazers. talked to ranchers, for example, about at all. Then, they will be free to go I am not a Senator from the State of just this issue. It will mean rural back to displaying conduct which we Portland. I am a Senator who rep- healthcare could miss out on techno- know, in the past, they have engaged resents every nook and cranny of Or- logical marvels that could have the po- in. egon, however small. What I would say Does the Senator agree with that as- tential to save lives. to my friend and, I hope, to my col- sessment? This is particularly important be- leagues—because the Senate represents Mr. WYDEN. Mr. President, my col- cause Senator MARKEY and I have a lot of rural terrain—is what I heard league from Massachusetts is probably in places like Burns and Prairie City teamed up on a lot of the efforts to im- being too logical for a lot of this dis- prove American healthcare. We have last week. If they have to pay more for cussion, whereby the special interests less content, which, I think, could eas- led the fight to show that we are up- continue to shroud their real agenda, dating the Medicare guarantee so that ily happen under these trickle-down which is what my friend from Massa- telecommunications policies of Mr. it will not be just an acute care pro- chusetts has described. Clearly, with Pai’s, then it is not just going to be gram but will focus on chronic ill- this effort the big cable companies, Portland, OR, and Springfield, MA. It nesses. Senator MARKEY and I have led with their hopes riding on Mr. Pai, is going to be rural America—literally, the effort for more care at home and would like to go back to yesteryear, from sea to shining sea—that is going for greater access to telemedicine. All when they could gouge the consumer, to wake up very soon and find its bills of those technological marvels really when they could stick it to the person going into the stratosphere. depend on rapid access to the net. If of modest means. Mr. MARKEY. Mr. President, by the you are in rural America and you have I think my colleague has summed it had a stroke, rapid access to the net up very well. If Mr. Pai and his allies way, whether it is Burns or the Berk- may be something that will saves lives were really going to present us with a shires, there are rural parts in every and that will ensure those rural pro- real net neutrality plan, I know we State. We have them, as well, in Massa- viders will be able to get connections would be interested in hearing about it, chusetts. They have the same right of to parts of the country that will have, but they have never been interested in access to a free, unfettered internet as for example, a neurologist available that. What they have been interested do the people who live in Cambridge, who will be able to help. in is taking a whole lot of legalisms MA, or in Portland, OR. The rural The Markey resolution and its pas- and murky language to try and fool the parts in every State are entitled to it. sage should not be an issue seen along American consumer. The bottom line is The rural businesses, the farmers partisan lines. I don’t see it as a polit- Mr. Pai and his allies would like to set should all be able to rely upon—have a ical question. The bottom line of the up these tollbooths across the country guarantee—its being free, open, and debate is that if the resolution goes and start with a policy that, one way that they are not going to be discrimi- down, the stuff Americans do on the or another, is going to cost the typical nated against. internet today is going to cost them a consumer more. That is why I wanted to get up and whole lot more tomorrow. It is not I look forward to my colleague’s re- thank the Senator for his historic lead- going to take place years from now and marks. ership on this issue. He was there at be some kind of an abstract question. Mr. MARKEY. Mr. President, I thank the dawn of this whole era, and he con- It is going to be on Americans. Those the Senator because, I think, that is tinues to ensure that the internet is in- extra costs will come out of their pock- what he identified 12 years ago when he fused with the values that, I think, our ets, and it will cost them a lot more in introduced a net neutrality bill here in Nation wants to have reflected. a hurry. the Senate and what I had identified Mr. WYDEN. It has been a privilege I close by thanking my colleague over in the House. We worked together to work with my colleague. This has from Massachusetts for all of his lead- on it at that time, and the need just been bipartisan—especially making ership. It has been my privilege to continues, especially as we get deeper sure the kinds of policies that can team up with him. I guess it becomes and deeper into this internet era. It is come about with real net neutrality almost bicameral since the two of us almost like oxygen for somebody now, and making sure rural communities started this in the House and the Sen- especially for young people, young en- get a fair shake complement other ate. trepreneurs. They need to know that work we are doing that represents the I urge my colleagues to support the they can gain access to the web in future. My colleague and I have talked Markey resolution and do the right order to start up their new software or about the fact that in our efforts to up- thing. Support the consumer and small internet companies, but they shouldn’t date the Medicare guarantee, for years businesses. Let’s not hand more power have to first raise money to pay exorbi- and years both political parties have and profit to the big cable companies tant fees to the big broadband compa- missed what Medicare has become. at the expense of Americans, from sea nies. First, they should be free to inno- Back when I was director of the Gray to shining sea, who cannot afford more vate and not worry that they be can be Panthers—the senior citizens—Medi- money to come out of their wallets and discriminated against. care had two parts, Part A for hospitals go to the big cable companies. Whether it is in Portland, OR, or in and Part B for doctors. If you broke I see my friend on the floor. Springfield, MA, it is the same prin- your ankle and went to the hospital, Mr. MARKEY. Will the Senator ciple for which we have been trying to that was Part A of Medicare. That is yield? stand up for all of these years. It was not Medicare any longer. Today, Medi- Mr. WYDEN. I am happy to yield. the law until December of 2017, when care is cancer, diabetes, heart disease, Mr. MARKEY. I thank the Senator. Ajit Pai and the Trump FCC took it off strokes, and chronic pulmonary dis- Mr. President, I wanted to follow up the books. That is what the debate is ease—all of these chronic conditions. on that very important point that the about today: Are we going to put those What my colleague has done—and I am Senator was making, which is that rules, those nondiscriminatory rules, so appreciative of the fact that we can these big companies are all saying: You back on the books? work together on this. We said: Let’s

VerDate Sep 11 2014 01:27 May 17, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.013 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2697 update the Medicare guarantee. Medi- country. Small businesses are the ones market competition, health advance- care is not a voucher, a slip paper you that hire new people who do innova- ments, investment, technological give to people. It is a guarantee of tion. That is what the venture capital progress, efficiency, and safety. I hope basic services. So Senator MARKEY and industry is indicating by pouring we all want this. I and others of both political parties money into these smaller companies If we all want this great engine to have come along and said: Let’s give under a regime of net neutrality. keep going, it is important to ask how people more care at home. Let’s expand So we found the secret recipe. When all this happened in the first place. the role of telemedicine so that if you we take a democratized platform, with How did we get here? How did we arrive are in Burns or Prairie City, OR, or endless opportunity for communica- at this point in our Nation’s history, other small towns in America, you can tion, and add American ingenuity, the with a dynamic internet economy that have access to these technological result is economic growth and innova- is truly the envy of the world? marvels when you don’t have a neu- tion. What we are doing is working. The answer lies in the creativity and rologist or a specialist. With net neutrality protections in ingenuity of the American spirit. This Make no mistake about it, what Mr. place, there is no problem that needs has allowed the internet to thrive Pai is looking at is a prescription for fixing. under the light-touch regulatory trouble for rural healthcare because This fight began when Senator framework that has governed the inter- they, like so many of the people they WYDEN and I introduced net neutrality net for most of its history. serve, are going to face the prospect of as legislation back more than a decade Let’s revisit a little of that history. those toll booths, and they are going to ago. I introduced it, Senator WYDEN in- It was in 1996. I was a freshman Mem- pay more, in many cases, for less. troduced it, because we knew then the ber of the House of Representatives at So I look forward to working with internet was the most powerful and this time under a Democratic Presi- my colleague and listening to his re- pervasive platform in the history of the dent, under a Democratic administra- marks. world. Since then, the importance of tion. Our country was at a crossroads The PRESIDING OFFICER. The Sen- the internet has skyrocketed, and the on how to govern this new thing called ator from Massachusetts. movement to protect it has followed the worldwide web, the internet. No Mr. MARKEY. Mr. President, I sug- suit. Millions of Americans are raising one could have imagined the success of gest the absence of a quorum. their voices for net neutrality because the internet we have today, but policy- The PRESIDING OFFICER. The they know the power of the internet. makers had the foresight not to regu- clerk will call the roll. They know it can categorize staggering late these new emerging information The legislative clerk proceeded to commercial growth, they know it can services like the services of a bygone call the roll. create endless connections, and they era. Mr. MARKEY. Mr. President, I ask know it can change the course of civili- unanimous consent that the order for Instead, in 1996, during the Clinton zation in fractions of a second. administration, a very deliberative, the quorum call be rescinded. A vote against net neutrality is a thoughtful decision was made not to The PRESIDING OFFICER. Without vote to change the fundamental char- impose title II rules—the same rules objection, it is so ordered. acter of the internet. A vote for net from the 1930s that were modeled for Mr. MARKEY. Mr. President, as we neutrality is a vote for America’s fu- the Bell monopolies, that were modeled conclude this part of the debate, I will ture. I urge each and every one of my for a time during the Great Depression. just take note of the fact that the colleagues to vote yes on this resolu- That was the pivotal decision that al- American Association of Retired Peo- tion. lowed this great internet economy to ple today has come out in favor of the The PRESIDING OFFICER. The Sen- thrive and to be the success it is today. open internet order, which is the re- ator from Mississippi. storing of net neutrality principles, Mr. WICKER. Thank you, Mr. Presi- Now let’s fast-forward to recently, to which follows on what the former head dent. 2015. That was the year the FCC made of the Gray Panthers, the Senator from I have been recognized to close the an ill-advised decision to change all the State of Oregon, Mr. WYDEN, raised debate on this motion. In a few mo- that. Despite explosive growth, new ap- today—the need to ensure that every- ments, we will be voting on the motion plications, services, and consumer one gets the full protection of net neu- to proceed to this resolution. I will be choice that the internet was delivering trality rules. voting no and urge my colleagues to do to Americans, the FCC imposed these The votes we are about to cast are so. title II rules, and that is what we are nothing short of the most consequen- This debate is about a free and open debating today. Almost immediately tial votes on the internet in the his- internet, and it is also about a thriving we saw a chilling effect on investment tory of this body. We will take the im- and innovative internet. We can have and innovation. U.S. companies were portant step to reaffirm the principles both. For decades, we have had both, right to be uncertain about the archaic of nondiscrimination online or we will and we can continue to do so if we are title II regulations and how they would allow a few companies to control how smart about this. apply to modern technology. we access the internet. We will stand Does every Senator in this Chamber Fortunately, this misguided action up for the small app developer with a believe in a free and open internet? was reversed last year. The FCC lifted bright idea to change the world or we Yes. the 2015 regulations and restored the give another gift to the powerful cor- Does every Member of this body want light-touch regulatory framework that porate interests and their lobbyists in to prevent blocking and the throttling has benefited consumers for almost two the District of Columbia. We will take of the internet? The answer is a re- decades and has resulted in this great a stand to protect our online economy sounding yes. success. Today, some in Congress are or we will say goodbye to the internet Does any Member of the Senate advo- trying to give the government more as we know it. cate, as my friend from Massachusetts control again, applying utility-style In 2018, essentially every company is just suggested, that a company or two regulations that would threaten the an internet company. In my State of gets to set the rules for the entire internet as we know it. We should re- Massachusetts and in every other internet? Absolutely not. ject these efforts. State, tech underpins the economy of Do all Senators and all Congressmen Let me say this: Many of my col- the United States today. In 2017, al- want the internet to be a source of in- leagues correctly, on both sides of the most half of all venture capital in the novation and job creation and pros- aisle, have been calling for bipartisan United States was invested into inter- perity as it has been for a quarter cen- legislation to enshrine the net neu- net and software startups. That is over tury? I hope so. trality principles into law—legislation $34 billion. I hope we all want this information which I support, legislation which This is working. This is capitalism at superhighway, this technology super- Members of the minority party have its best. This is small business being highway to continue its success. I hope supported. If this resolution passes able to receive the capital it needs in we all want the internet to continue today, it will amount to merely a order to start new companies in our being that phenomenal platform for statement, nothing more.

VerDate Sep 11 2014 01:27 May 17, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.015 S16MYPT1 S2698 CONGRESSIONAL RECORD — SENATE May 16, 2018 Senator THUNE will give Senators an Graham Lee Sasse vorite sites, divvying up the internet opportunity to pass bipartisan legisla- Grassley McConnell Scott into packages like cable TV. Hatch Moran Shelby tion today. I hope we will do that. I Heller Paul Sullivan Why was this so important? Because hope, once this statement is made, we Hoeven Perdue Thune if large cable and internet companies will move on to enshrining net neu- Hyde-Smith Portman Tillis were allowed to do this, the internet Inhofe Risch trality principles into a law that pro- Toomey wouldn’t operate on a level playing Isakson Roberts Wicker Johnson Rounds field. Big corporations and folks who tects consumers and promotes innova- Young tion. Lankford Rubio could pay would enjoy the benefits of fast internet and speedy delivery to f NOT VOTING—1 McCain their customers while startups and LEGISLATIVE SESSION small businesses, public schools, aver- The motion was agreed to. age folks, including communities of The PRESIDING OFFICER (Mrs. f color and rural Americans, could well ERNST). Under the previous order, the be disadvantaged. Net neutrality pro- PROVIDING FOR CONGRESSIONAL Senate will resume legislative session. tected everyone and prevented large DISAPPROVAL OF A RULE SUB- The Senator from Massachusetts. ISPs from discriminating against any MITTED BY THE FEDERAL COM- customers. f MUNICATIONS COMMISSION That era—the era of a free and open PROVIDING FOR CONGRESSIONAL The PRESIDING OFFICER. The internet—unfortunately will soon come DISAPPROVAL OF A RULE SUB- clerk will report the joint resolution. to an end. In December, the Repub- MITTED BY THE FEDERAL COM- The senior assistant legislative clerk lican-led FCC voted to repeal the net MUNICATIONS COMMISSION—MO- read as follows: neutrality rules, and on June 11 of this TION TO PROCEED A joint resolution (S.J. Res. 52) providing year, that repeal will go into effect. It Mr. MARKEY. Madam President, I for congressional disapproval under chapter 8 may not be a cataclysm on day one, move to proceed to the immediate con- of title 5, United States Code, of the rule but sure as rain, if internet service pro- sideration of Calendar No. 406, S.J. Res. submitted by the Federal Communications viders are given the ability to start Commission relating to ‘‘Restoring Internet charging more for preferred service, 52. Freedom.’’ The PRESIDING OFFICER. The they will find a way to do it. The PRESIDING OFFICER. Pursuant clerk will report the motion. So the Democratic position is very to the provisions of the Congressional The bill clerk read as follows: simple: Let’s treat the internet like Review Act, 5 U.S.C. 802, there will be the public good that it is. We don’t let Motion to proceed to Calendar No. 406, S.J. up to 10 hours of debate, equally di- Res. 52, a joint resolution providing for con- water companies or phone companies gressional disapproval under chapter 8 of vided between those favoring and op- discriminate against customers. We title 5, United States Code, of the rule sub- posing the resolution. don’t restrict access to interstate high- mitted by the Federal Communications Com- Who yields time? ways, saying: You can ride on the high- mission relating to ‘‘Restoring Internet If no one yields time, time will be way, and you can’t. We shouldn’t do Freedom.’’ equally divided between the sides. that with the internet either. That is The PRESIDING OFFICER. The The Democratic leader. what the Democratic net neutrality question is on agreeing to the motion. Mr. SCHUMER. Madam President, as CRA would ensure. Mr. MARKEY. Madam President, I the minority, we typically cannot We appreciate that three Republicans ask for the yeas and nays. move legislation on the floor without joined on the motion to proceed to our The PRESIDING OFFICER. Is there a the consent of the majority leader. But resolution. We hope more will come sufficient second? under the rules governing congres- with us. There appears to be a sufficient sec- sional review, any group of 30 Senators Where do Republicans stand on this ond. can petition to discharge a CRA—a issue? Why haven’t we heard much The clerk will call the roll. Congressional Review Act—from the from them on this issue, when it is a The bill clerk called the roll. committee and bring it to the floor typical issue that protects the middle Mr. CORNYN. The following Senator subject to a majority vote. That is class, working families, and average is necessarily absent: the Senator from what Senator MARKEY has just done Americans from big special interests Arizona (Mr. MCCAIN). with the CRA on net neutrality, and taking advantage of them? The PRESIDING OFFICER. Are there the vote that just concluded means the I suspect our colleagues are kind of any other Senators in the Chamber de- full Senate will now consider it, be- quiet on this issue because the argu- siring to vote? cause I believe there were 52 votes in ments made by opponents of net neu- The result was announced—yeas 52, favor. trality aren’t very convincing. Some nays 47, as follows: For the first time in this Congress, opponents say that net neutrality is an [Rollcall Vote No. 96 Leg.] the majority will be called to vote on unwarranted and burdensome regula- YEAS—52 an issue that I suspect they would tion—something that hampers the rather avoid. Baldwin Hassan Nelson internet. I would remind those critics Bennet Heinrich Peters Net neutrality is a complex issue, but that net neutrality has been on the Blumenthal Heitkamp Reed an incredibly consequential one. At books for several years and the inter- Booker Hirono Sanders stake is the future of the internet, net is working just fine. Furthermore, Brown Jones Schatz Cantwell Kaine which until this point in our history, the net neutrality rules were upheld by Schumer has remained free and open, accessible Cardin Kennedy Shaheen the courts as appropriate consumer Carper King Smith and affordable to most Americans. protection. Casey Klobuchar Stabenow That fundamental equality of access is Yet we will hear too many of my Re- Collins Leahy Tester Coons Manchin what has made the internet so dy- publican friends say that we shouldn’t Udall Cortez Masto Markey namic—a catalyst for innovation, a restore net neutrality through this Van Hollen Donnelly McCaskill tool for learning, a means of instant CRA because we need bipartisan legis- Duckworth Menendez Warner Durbin Merkley Warren and worldwide communication. lation to deal with this issue. That ar- Feinstein Murkowski Whitehouse To ensure the internet stayed that gument is a duck. It is a dodge. It is a Gillibrand Murphy Wyden way, the Obama-era FCC instituted net way for my Republican friends to Harris Murray neutrality rules to prevent large inter- delay. NAYS—47 net service providers from segmenting Democrats are happy to do bipartisan Alexander Cassidy Daines the internet into fast and slow lanes, legislation to enshrine net neutrality Barrasso Corker Enzi from selling faster service to folks who into law, but the legislation is going to Blunt Cornyn Ernst could pay and slower service to oth- take time. In the meantime, we must Boozman Cotton Fischer Burr Crapo Flake ers—we didn’t want that—and from ensure consumers have a safety net Capito Cruz Gardner charging customers more for their fa- right now, and this CRA is the quickest

VerDate Sep 11 2014 01:27 May 17, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.017 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2699 and surest way of doing it. Plain and The internet has certainly thrived On Wednesday, Senate Democrats moved simple, if you are for net neutrality, under a model that rejects data dis- to force a vote on a resolution to restore the you ought to be for Senator MARKEY’s crimination. Needless to say, before 2015 rules, and they have 50 Senators lined up CRA. 2015, it had never before faced such a in support. Yet the resolution faces next-to- insurmountable odds in the House, where top This issue presents a stark contrast: threat of increased government con- Republicans have praised the FCC’s deregu- Are you on the side of the large inter- trol. Net neutrality—the idea that latory approach, and with like-minded Presi- net and cable companies or are you on legal internet traffic should operate dent Trump. The most meaningful fights will the side of the average American fam- transparently and without discrimina- take place in the courts and in state legisla- ily? That is what the vote on this legis- tion—doesn’t represent the heavy hand tures, where net neutrality supporters are lation is all about. of government. The heavy hand of gov- seeking to restore the 2015 rules or impose I say to every American who cares ernment is, however, plain to see in the similar ones at the state level. about an open and free internet: Today Even opponents of the strict 2015 rules rec- plan that Democrats first passed in ognize that the continual legal and regu- is the day. Contact your Republican 2015 and are now seeking to reimpose. latory gyrations are a problem. Rather than Senator. See who votes for net neu- The Democrats’ plan relies on a legal jousting over a resolution of disapproval, trality and who votes against, and let framework passed by Congress in the Congress needs to put this issue to bed once them know how you feel about the way 1930s to regulate telephone monopolies. and for all by crafting a bipartisan deal giv- they voted. This is our chance—our This framework existed for an era and ing the commission limited but clear author- best chance—to make sure the internet technology that lacked competition ity to regulate broadband providers and pre- stays accessible and affordable for all and the entrepreneurship of today’s serve net neutrality. Americans. internet-based economy. Mr. THUNE. Madam President, in my I yield the floor. Last year, the new leadership at the hand, I hold the 2015 draft text of legis- The PRESIDING OFFICER. The Sen- Federal Communications Commission lation I released with my colleagues in ator from South Dakota. widely discarded these rules. Net neu- the House of Representatives, Con- Mr. THUNE. Madam President, I rise trality wasn’t the problem. The Com- gressman FRED UPTON and Congress- today in support of net neutrality. Let mission’s concern was that onerous, de- man GREG WALDEN. Since 2015, I have me say that again. I rise in support of pression-era rules were having an ad- publicly and consistently been ready to net neutrality. verse effect on efforts to connect more work with my colleagues across the Contrary to the assertions that some Americans to the internet and upgrade aisle on bipartisan net neutrality legis- of our colleagues on the left have service. For Congress, the path to relation. Specifically, my draft proposed made, there are many of us who believe store net neutrality protections while giving Federal regulators new author- that codifying net neutrality principles avoiding these unnecessary side effects ity to ban blocking, throttling, and makes sense if we really want to solve is straightforward legislation. paid prioritization of legal internet this problem. What doesn’t make sense This is what the Los Angeles Times content. It did this without relying on is this misguided resolution. had to say about this in their editorial. the heavyhanded use of law written to All of us value the internet. It con- Last week, the editorial board of Cali- police phone monopolies, which is what nects us to commerce, friends, family, fornia’s largest newspaper wrote an im- we are talking about here. We are talk- news, learning opportunities, and en- portant analysis in an editorial enti- ing about a 1934 law governing the 21st- tertainment. Most Americans expect tled ‘‘Senate Democrats move to revive century internet. Think about that. their internet experience to remain net neutrality rules—the wrong way.’’ That is precisely what this resolution free from meddling by anyone. It The Times wrote: would do. doesn’t matter if it is a cable company Rather than jousting over a resolution of I recognize that this draft legislation or an unelected bureaucrat, Americans disapproval, Congress needs to put this issue I came up with isn’t perfect. My draft appreciate online freedom. to bed once and for all by crafting a bipar- obviously did not anticipate all the If this resolution offered these pro- tisan deal giving the commission limited but concerns my colleagues raised, and of tections and simply implemented wide- clear authority to regulate broadband pro- course there is always room for com- ly supported net neutrality principles, viders and preserve net neutrality. promise. That is what legislative dis- I would support it. Unfortunately, this Madam President, I ask unanimous cussion and legislative negotiation are isn’t the case. consent that the editorial be printed in all about. But I need a partner from The resolution offered by Senator the RECORD. the other side of the aisle who shares MARKEY would impose partisan, oner- There being no objection, the mate- my commitment to crafting a bipar- ous, and heavyhanded regulations on rial was ordered to be printed in the tisan solution that puts net neutrality the internet. RECORD, as follows: first. Some of these regulations lack a fun- [From the Los Angeles Times, May 10, 2018] Some of my colleagues on the other damental connection to net neutrality SENATE DEMOCRATS MOVE TO REVIVE NET side of the aisle have certainly ex- principles and harm consumer freedom. NEUTRALITY RULES—THE WRONG WAY pressed a view about the need for legis- Net neutrality, for example, isn’t about (By the Times Editorial Board) lation. Some of them come up to me regulating mobile phone plan offerings Senate Democrats opened up a new front privately, offline, and say: You are to meet a government internet stand- Wednesday in the fight to preserve the inter- right. We need to do this legislatively. ard. But the Markey resolution would net from interference by the broadband providers that control its on-ramps. But as good We need to put clear rules of the road restore rules that the Obama Federal as it was to see them push back against the in place. This is not the way to solve Communications Commission used to wrongheaded approach taken by the new Re- this problem. scrutinize such popular and affordable publican majority on the Federal Commu- But very few of them are willing to plans. nications Commission, the maneuver is like- say that publicly. My colleague and the Net neutrality principles don’t neces- ly to be more of a distraction than a solu- distinguished ranking member of the sitate government rate regulation on tion. Commerce Committee’s Subcommittee companies working to connect Ameri- At issue is how to preserve net neutrality. on Communications and Technology Broadband providers that serve home inter- cans in rural areas—places like my net users face little real competition, and told the publication TechCrunch only 6 State of South Dakota—or on upgrad- they are uniquely positioned to distort com- months ago: ‘‘My point of view—and by ing existing networks. But, again, the petition online by, for example, favoring par- the way, I had this point of view when Chairman of the Obama FCC nonethe- ticular websites and services for a fee. it was President Obama and Tom less defended the need for broad au- After several earlier net-neutrality efforts Wheeler [at the FCC at the time], to thority to threaten rate regulation, ran into legal trouble, the FCC’s Democratic the chagrin of my progressive friends— and that is exactly what the Markey majority in 2015 classified broadband access is that we should legislate.’’ resolution seeks to restore. The im- service as a utility and imposed a set of This statement was made with strict neutrality rules. Last year, however, plicit threat of such government inter- the commission’s new Republican majority knowledge and virtually on the eve of vention and statements can have a pro- voted not just to rescind those rules, but ef- the FCC’s final vote to disassemble the found impact on innovation and the fectively to drop all efforts by the FCC to 2015 rule. So what changed? Why aren’t 21st century internet. preserve net neutrality. we debating a bipartisan bill instead of

VerDate Sep 11 2014 02:54 May 17, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.018 S16MYPT1 S2700 CONGRESSIONAL RECORD — SENATE May 16, 2018 this partisan resolution? Some on the Three Pinocchios about what the rules governing the other side of the aisle reached the cyn- (Senate Commerce Committee note: the internet should say. A vote against the ical conclusion that exploiting concern submission to the Senate Record includes Markey resolution is a vote for ending about the internet outweighed the only the conclusion of the Washington Post’s this cynical exploitation of the inter- fact check story.) value of working with Republicans to net. A vote against the Markey resolu- pass net neutrality protections. For Mr. THUNE. In reality, all major tion is a vote for the Senate to get to others who had a genuine desire to cable and phone providers have said work on bipartisan net neutrality leg- work with me, the forces of a highly they will continue net neutrality poli- islation. That is what the L.A. Times politicized campaign to impose a Dem- cies. Under the new rules being put in said: Pass legislation. That is the best ocrat-only solution can overwhelm the place, Federal agencies can still take way to solve this, not coming up with best of intentions. action against privacy violations and this bizarre exercise, which we all Make no mistake—the campaign be- unfair business practices by internet know isn’t going anywhere but will hind this Congressional Review Act companies. give the activists and the donors out resolution has been primarily driven by In stark contrast, one unavoidable there on the far left an opportunity to fearmongering hypotheticals, misdirec- irony of the Markey resolution, as ob- take this campaign to the House of tion, and outright false claims. To served by an editorial in today’s Wall Representatives, where it isn’t going make that point, this March, the Wash- Street Journal, is that it would actu- anywhere. Of course it would be vetoed ington Post Fact Checker took Senate ally weaken online consumer privacy by the President even if it did. So all Democrats to task for a particularly protections by taking the only agency we are doing is stalling, delaying, mak- egregious claim that failure to pass the enforcing them off the beat. If this res- ing it more difficult to get to a solu- Markey resolution would lead to a olution were ultimately to be en- tion on this because what it will do is slower internet. The fact check con- acted—which it won’t, but if it were, it prevent those who are truly interested cluded that the examined claim—made would take the Federal Trade Commis- in a bipartisan solution and answer on through the Democratic caucus’s offi- sion, which currently regulates and po- net neutrality from coming to the cial Twitter account—conveyed the lices privacy issues, completely out of table in order to make that happen. false impression that a slowdown is im- the equation. As I have said, we have been working minent. Fact Checker wrote that To be sure, Congress still needs to set on this for a long time, and I have been ‘‘there’s scant evidence that Internet long-term protections for the internet, looking for a Democratic partner. All users should brace for a slowdown.’’ and it shouldn’t delay. But the signifi- we need are a few courageous Demo- What that meant is that statement by cant harm uncertainty inflicts on the crats who are willing to acknowledge the Democratic caucus on this par- internet will manifest itself through what this is—which is a political, particular subject got not one, not two, stifled investment and innovation over tisan charade—and get serious about but three Pinocchios from the Wash- time rather than on consumers in a bipartisan legislation, because there ington Post for being a false claim— sudden wave of net neutrality viola- isn’t going to be a single amendment from the Washington Post Fact Check- tions. That is just a simple fact. that can be offered to this. This is not er. After all, the new rules, approved going anywhere. If we really, truly want to solve the Madam President, I ask unanimous under the Trump administration, close- problem, there are fairminded people consent that the March 5, 2018, Fact ly follow those that long regulated the who are serious about this who would Checker be printed in the RECORD. internet before 2015 and are largely, al- like to sit down across the table and There being no objection, the mate- though not completely, in effect now. work on a draft of legislation that rial was ordered to be printed in the One thing I want to continue to ham- would put internet principles in place RECORD, as follows: mer is that what we are talking about and would put consumer protections in [From the Washington Post, Mar. 5, 2018] here are the rules that were in place place but would use a light-touch regu- WILL THE FCC’S NET NEUTRALITY REPEAL for the first two decades of the inter- latory approach—not the 1930s ap- GRIND THE INTERNET TO A HALT? net. For the first two decades of the proach this resolution would turn to— (By Salvador Rizzo) internet, we operated under what was to regulate the 21st-century internet. ‘‘If we don’t save net neutrality, you’ll get called a light-touch approach to regu- Frankly, I am at a loss to understand the Internet one word at a time.’’—U.S. lation. Under that regime of light Senate Democrats, in a tweet, Feb. 27, 2018 why any rational, reasonable person touch, the internet prospered, flour- could come to the conclusion that THE PINOCCHIO TEST ished, grew, expanded, and innovated The debate over net neutrality is reshaping using a 1934 law and regulating the to the point where it has become a internet like a public utility—a Ma the Internet and raising big-picture ques- huge economic engine in our economy. tions about modern life. But we can’t help Bell telephone company—would be the but feel that we’ve spilled a lot of pixels here So what was the 2015 FCC ruling de- right approach in the age in which we analyzing something that simply hasn’t hap- signed to solve? That, frankly, is a live where the internet is thriving and pened. very good question. But the fact is, prosperous under a light-touch regu- Senate Democrats, industry leaders and what the FCC is proposing to do and latory regime. net neutrality activists say the FCC’s move will do on June 11 of this year is to go to toss out the Obama-era rules will bog UNANIMOUS CONSENT REQUEST—S. 2853 back to the 2015 rules—the rules that Mr. President, I ask unanimous con- down and end the Internet as we know it. were in place for the first two decades The biggest broadband providers forcefully sent that S.J. Res. 52 be returned to reject this claim, saying they have no plans of the internet. the calendar and the Senate proceed to to block or throttle content or offer paid I would tell you that on June 12, the immediate consideration of S. 2853. prioritization. after these rules go into effect, no con- I further ask that it be in order for 10 That could change in time. As the D.C. Cir- sumer in this country is going to see amendments, equally divided, between cuit said, broadband companies could make any change from what they see today. the managers or their designees and more money from paid prioritization, and They are still going to be able to watch it’s ‘‘common sense’’ to think they might try relative to the bill to be made pending; the internet—they are still going to be further, that there be 10 hours of de- it. These providers have the ability and the to go to all their favorite social media incentive to slow down or speed up Internet bate, equally divided between the man- traffic, and they’ve engaged in these prac- platforms. There isn’t going to be any agers or their designees, and that upon tices in the past. change from what we have seen up to the use or yielding back of that time, For now, though, there’s scant evidence this point because that is what we are the Senate vote on any pending amend- that Internet users should brace for a slow- going back to—our rules that were in ments; finally, that upon disposition of down. Yet the Democrats’ tweet conveys the place for two decades, under a light- the amendments, the bill, as amended, false impression that a slowdown is immi- touch regulatory approach, that al- if amended, be considered read a third nent unless net neutrality rules are restored. lowed the internet to explode and pros- This transmission error merits Three time and the Senate vote on passage of Pinocchios, but we will monitor the situa- per and grow. the bill. tion and update our ruling depending on The Markey resolution is offered to The PRESIDING OFFICER (Mr. whether the fears were overstated or came this body without opportunity for TILLIS). Is there objection? true. amendment or any bipartisan input The Senator from Massachusetts.

VerDate Sep 11 2014 02:54 May 17, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.021 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2701 Mr. MARKEY. Mr. President, reserv- without blocking, discriminating, price net neutrality. It is vital to protecting ing the right to object, Senator gouging, or favoring of some companies consumers and small businesses, pre- THUNE’s bill is problematic both sub- at the expense of others. serving the open internet, and uphold- stantively and procedurally. There In fact, in legislatures across the ing the integrity of the rulemaking have been no committee hearings on country, like Connecticut, there have process. his proposal, and it is not yet ripe for been proposals to do there what we are If this effort fails to succeed, the consideration here on the Senate floor. seeking to do here; that is, to preserve challenge in the courts will overturn As a result, I object. an open internet in accordance with Chairman Pai’s rollback of net neu- The PRESIDING OFFICER. Objec- the open internet order, which has been trality because he embarked on a pre- tion is heard. rolled back by the FCC. Strong net ordained purpose without proper rule- Mr. THUNE. Mr. President, what you neutrality rules are accepted across making to overturn the rule adopted just heard is an objection to having a the country on both sides of the aisle by the FCC before he became Chair- reasonable debate. in State legislatures and State govern- man. When he initiated that process, To the point that the Senator from ments, in board rooms, and in all the he promised an ‘‘open and transparent Massachusetts made, clearly the unani- communities where people come to- process,’’ but the outcome was pre- mous consent request asks for—calls gether seeking to communicate and use determined from the start. That is not for—an opportunity to have amend- the internet in the highest and best the way rulemaking should occur. That ments considered by both sides of this way it can be used. One example, in is why the courts will overturn it, and discussion. What that tells me is that New Haven, is SeeClickFix. that is why we should be protected and what this is about isn’t serious legis- SeeClickFix is a New Haven company proactive in this body and pass S.J. lating; it is about, again, the political that helps citizens communicate with Res. 52. theater associated with this congres- their local governments to improve I yield the floor. sional resolution of disapproval, which their community. The internet’s in- The PRESIDING OFFICER. The Sen- has absolutely no future, is going no- credible economic success and this ator from Massachusetts. Ms. WARREN. Mr. President, at this where, and does nothing to address the company’s have been made possible be- very moment, a high school junior is fundamental underlying problem that cause it is a free and open platform. reading a report online for a class colleagues on both sides acknowledge This company has a good idea. It can paper she has due at the end of the needs to be address. put that good idea to work, helping For the record, I will point out that week. Not far from her house, a single people make their local and State gov- mom who recently quit her job to fol- we did attempt to bring up a serious ernments work better and be more re- low her dream of becoming an app de- piece of legislation, one that provides sponsive. veloper is online teaching herself to consumer protection, that bans block- That success story has been repeated code. In a city thousands of miles ing lawful content, that bans the throt- countless times because of net neu- away, a small business owner is proc- tling of lawful content, that bans paid trality and the open internet. We are essing an order online to keep the prioritization—the very things most of here to stop maligned rulemaking run lights on and the bills paid for another my colleagues on the other side want amok. The FCC, under the leadership month. Every night in living rooms addressed. of its Chairman, has, in effect, rolled across this country, grandparents pick Frankly, no piece of legislation is back the progress that was made with up their smartphones to video chat perfect, and I would say to my col- the open internet order. It defied 10 with newborn grandchildren who are league from Massachusetts that we years of evidence and the pattern of hundreds or even thousands of miles would be more than willing to enter market consolidation and merger that away. into a discussion and a debate, with an endangered the open internet. It defied Let’s face it, the internet is intri- opportunity to offer amendments, in evidence of discrimination that was cately woven into the fabric of Amer- order to perfect this piece of legisla- taken over the rulemaking process, and ican society. It is a very important tion. But, frankly, if we continue down it basically ignored a court order up- part of our lives, but right now our ac- this path with the CRA, all we are holding the open internet order—a cess to a fair and open internet is going to do is waste more time—valu- court order that was the result of in- under siege. In December, the Federal able time, I might add—and continue depth and determined litigation to stop Communications Commission, the to live in a cloud of uncertainty where that order, and that effort was re- FCC, voted to eliminate the net neu- one FCC to the next continues to jected. trality protections that stop internet change the rules and where companies The Justice Department has shown, providers from blocking access, fil- spend millions of dollars in litigation from AT&T’s own internal documents, tering content, or charging higher fees in courtrooms on lawsuits rather than that it sought to use its merger with for fast lanes—three tactics that giant ploughing it into infrastructure, in- Time Warner to raise prices and to internet companies want to use to con- vestment, and new and innovative hinder competition from online video trol the internet. technologies that literally could de- services. A proposed merger between T- The repeal of these protections has liver higher speed, faster internet serv- Mobile and Sprint threatens to further corporate greed and corruption written ices and higher quality services to peo- reduce scarce competition in wireless. all over it. This may be what the spe- ple around this country, including Big broadband companies have more ficial interests want, but the American those in rural areas who desperately nancial incentive and less market de- people are opposed to the very idea of need those types of services made terrence to obstruct competition than a restricted internet. Net neutrality available to them. ever before. provisions are wildly popular. When it Mr. President, I reserve the remain- Chairman Pai’s plan would enable comes to a free and open internet, 83 der of my time. those broadband companies holding percent of Americans are clear about The PRESIDING OFFICER. The Sen- near-monopolies over access to consoli- their position. They want and demand ator from Connecticut. date even more power. If broadband a free and open internet. That is true Mr. BLUMENTHAL. Mr. President, companies are able to block, throttle, for small businesses, entrepreneurs, only in Washington, DC, and perhaps or charge fees for certain applications and people from all backgrounds. You only in the walls of this Capitol, is net on websites, the result will be higher have to ask yourself, Why would the neutrality regarded as a partisan issue. pricing, less innovation, and fewer new FCC vote to eliminate those protec- Only here are there accusations that products. Reversal of net neutrality is tions? the left or the right favor a position on a consumer’s worst nightmare, but it is I will tell you why. Because under net neutrality. In the rest of America, also a nightmare for small businesses this administration, the FCC has be- net neutrality is bipartisan; in fact, and for competition and innovation come a puppet for giant internet pro- nonpolitical. It is the lifeblood of the and creativity in America. viders. The FCC’s current Chairman, internet. It is the animating principle I urge my colleagues to support S.J. Ajit Pai, has made it clear he will work that enables companies and individuals Res. 52, the resolution of disapproval of to put special interests over what is to have equal access to the internet the FCC’s disastrous plan to roll back good for the American people.

VerDate Sep 11 2014 01:27 May 17, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.022 S16MYPT1 S2702 CONGRESSIONAL RECORD — SENATE May 16, 2018 The FCC was once an agency dedi- CRA resolution to restore net neu- This is, obviously, what the Amer- cated to protecting and promoting the trality provisions. ican people want. For the vote that public interest, but it has morphed into I yield the floor. was just taken on the motion to pro- an agency that exists solely to do the The PRESIDING OFFICER. The Sen- ceed, 52 for and 47 against, I think it bidding of giant telecom companies. It ator from Washington. shows how the American people’s will is a disgrace. Who can say we didn’t see Mrs. MURRAY. Mr. President, I am is being expressed in a bipartisan way. this coming? When Donald Trump won here to lift up the voices of the fami- The American people understand how the White House, then-FCC Commis- lies I represent in the State of Wash- important these protections are to sioner Pai said that net neutrality’s ington who, like so many other Ameri- their lives and to the future of the days were numbered. cans, agree the internet should be free internet. They do not want to have Once Trump selected Pai to lead the and open; who agree our country their websites blocked or internet ac- FCC, Chairman Pai immediately got to should support small business owners cess slowed, and they certainly don’t work getting rid of net neutrality. He and entrepreneurs and students and want internet providers making those opened up a new public comment pe- middle-class families, not big corpora- decisions to block or slow. riod, laying out a plan to destroy net tions and special interests; who agree More than 20 million residents of neutrality, and he made it clear he that consumers, not broadband pro- Florida understand just how vital it is would ignore the views of millions of viders, should get to pick the websites to have a free and open internet. I say Americans who weighed in to urge him they visit or applications they use; who that for my State, but that is, obvi- to abandon that plan. agree the internet should be a level ously, the same for every other State The FCC received more comments on playing field that benefits end users as well. Millions of schoolchildren in Chairman Pai’s plan to kill net neu- and not slanted by broadband providers my State—from Pensacola to Orlando, trality than any other rule in the blocking content or charging for to the Florida Keys—and across the en- FCC’s history. Millions submitted com- prioritized access. tire country benefit from educations That is why so many of us are on the ments opposing Chairman Pai’s plan to that are built on a free and open inter- floor today, to give a voice to the vast kill net neutrality, but the FCC said it net. That is why educators and librar- majority of Americans who want the would ignore those comments unless ians throughout the country have ral- internet to remain a place that fosters they were, in its opinion, serious legal lied in favor of net neutrality. They innovation, economic opportunity, ro- arguments. During the comment proc- know that an internet that is no longer bust consumer choice, and the free flow ess, it was revealed that some of the free and open is a lost educational op- of knowledge. comments had come from bots that had These things are not a luxury. They portunity for our children. stolen Americans’ identities and others are what make American ingenuity Florida’s colleges, universities, and had come from Russian addresses, but possible. As a former preschool teach- technical schools rely on the free and Pai dismissed those concerns. He dem- er, I support net neutrality because it open internet for their vital edu- onstrated that, no matter what, he helps the next generation of cational and research missions. Unfet- would forge ahead with his plan to innovators—our students, especially tered access to the internet is essential hand over the internet to the biggest those in rural and low-income areas. for research into issues that are crit- and most powerful internet providers. Schools have worked very hard to im- ical to the State and Nation, such as If Chairman Pai’s plan is imple- prove access to high-speed connectivity medical research, climate change, sea mented, internet companies will lit- for all students because they know, level rise—whatever the research is. erally get to set their own rules gov- Florida’s growing economy is equally from early education through higher erning access to the internet. As long reliant on a free and open internet. The education, and through workforce as they put their rules somewhere in growth of high-tech jobs all over the training, students need high-speed the fine print, internet providers can country and particularly in Florida, in- internet in order to learn and get the pretty much do whatever they please. cluding the growth across the middle skills they need. Their teachers need That is not the way government is sup- swath of Florida and the booming the internet to collaborate with col- posed to work. The internet was cre- Space Coast has largely been built on leagues, access educational materials, ated by a bunch of government and advanced high-speed internet networks help students learn valuable research government-funded workers, and it is that have been available in those areas. and internet safety skills, and expand the government’s job to protect Ameri- Small businesses that are all around access to a high-quality education for cans’ access to a fair and open internet. also use the internet as the great The internet doesn’t belong to giant students with disabilities and English equalizer and bring the global market- internet companies. It belongs to the learners. place to their very doorsteps, but that Rolling back net neutrality threat- students striving to build a better fu- global market for those companies ex- ens that educational equity and wors- ture. It belongs to the young women ists only as long as everyone on the ens the digital divide. So let’s protect and men working day and night on a internet is treated the same. If you the free and open internet, not just for new idea that will change the world. It start picking and choosing, then you today’s consumers but for our stu- belongs to the small business owner lose the value of that equalizing, of a dents—the next generation of Amer- whose success depends on operating her small company’s having a great idea ican innovators. The choice could not business online. It belongs to the and having access to the information be easier. Either we stand with every- grandmas and grandpas, the mothers just like a big company has. day Americans or with the massive and fathers, the sisters and brothers, Citizens throughout my home State corporations that have found a new and friends who depend on the internet rely on the internet for civic and social way to make more money off of them. engagement. The internet is today’s so- to remain connected to the people they I yield the floor. love. It belongs to people who like to I suggest the absence of a quorum. cial forum—the tool we use to stay en- watch their favorite shows online or The PRESIDING OFFICER. The gaged in the lives of family, friends, read the news or shop or play video clerk will call the roll. and peers. games or just browse the internet. It The legislative clerk proceeded to The internet can also be an equal- belongs to all of us. call the roll. izing force. As such, it has been a place If the FCC will not stand up for the Mr. NELSON. Mr. President, I ask where communities of color have been public interest, it is up to Congress to unanimous consent that the order for able to tell their own stories in a way do so, but it will take this Republican- the quorum call be rescinded. that they have never been able to be- controlled Congress prying itself free The PRESIDING OFFICER. Without fore. It has given minority commu- from the grip of giant companies and objection, it is so ordered. nities the power to organize, to share, doing what is right for the American Mr. NELSON. Mr. President, I rise, and to support each other’s causes. To people. along with my colleagues here, to limit access to the net would be to help Today, we can take the first step. I speak in strong support of the resolu- silence these voices that are just begin- ask every one of my colleagues in the tion to restore strong net neutrality ning to be heard. I don’t think we want Senate to join me in voting yes on the protections for Americans. to do that.

VerDate Sep 11 2014 02:54 May 17, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.024 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2703 Congress must ensure that the inter- Mr. LEAHY. Mr President, millions should want to provide the small busi- net remains open to all—thus, the vote of Americans were outraged last year ness community with the certainty that we have coming up in just about when the Federal Communications that the internet will remain an equal an hour and a half. Unfortunately, the Commission, FCC, voted to repeal the playing field. The simple reality is FCC has empowered internet providers strong and enforceable net neutrality that, without net neutrality rules, this to dictate consumers’ experiences on- rules that were adopted in 2015. As a certainty will not exist. The resolution line. What the Chairman of the Federal supporter of a free and open internet, I we are considering today gives us the Communications Commission did, Ajit share the public’s outrage over the loss clearest path to restoring that cer- Pai, is to go overboard in what he has of these critical protections, which is tainty. I urge all Senators to stand tried. This Senator has spoken over why I am voting in favor of this resolu- with the American people, small busi- and over for moderation in the ap- tion to restore the previous rules. nesses, and startups in supporting this proaches to how the FCC would be in- By repealing net neutrality rules, the resolution. volved with regard to regulating the FCC and its supporters in Congress Mr. NELSON. I suggest the absence internet. When websites can be have achieved little more than to of a quorum. blocked, when downloads can be plunge consumers and small businesses The PRESIDING OFFICER. The slowed, and when consumers then have into a fog of uncertainty. Instead of clerk will call the roll. to pay more to access what they are having concrete legal protections in The legislative clerk proceeded to actually looking for—that is not a free place against blocking, throttling, and call the roll. paid prioritization, internet users now and open internet. It becomes a closed Mr. SCHATZ. Mr. President, I ask have little more than vague promises internet. unanimous consent that the order for I am very happy to be on the Senate from broadband providers about how the quorum call be rescinded. floor with all of these other Senators they will treat content online. These The PRESIDING OFFICER. Without who have spoken in favor of restoring promises could disappear with little objection, it is so ordered. the FCC’s net neutrality protections. notice or no recourse for those af- Mr. SCHATZ. Mr. President, in De- The resolution before us immediately fected. This is the wrong way to ap- cember, the FCC made a colossal mis- proach policy for the greatest engine of restores the FCC’s strong consumer take by rolling back net neutrality economic growth and free speech ever protections for the internet. It will protections. Today, the Senate has an devised. make sure that the internet content opportunity to begin the process of The uncertainty created by Repub- righting that wrong with an up-or- cannot be blocked or cannot be throt- licans at the FCC and blessed by too tled. It will prevent internet providers down vote to overturn the FCC’s repeal many here in Congress jeopardizes the and to restore the free and open inter- from charging more for transmitting success of small businesses and certain favored content. It will pre- net. startups across the country. One of the This is a big deal. We just had a vote serve the FCC’s authority to examine main concerns I hear from small busi- other practices that could harm con- with all Democrats, Independents, and nesses in Vermont is fear of paid three Republicans, and we have an- sumers, and it will make sure that con- prioritization. Without clear rules in sumers will be given understandable, other vote at around 3 o’clock. If we place, broadband providers can set up fail, the FCC will end net neutrality basic information about their internet pay-to-play schemes that disadvantage protections in early June. But if we services. It is necessary that this Con- small businesses against deep-pocketed succeed, then this fight will go on to gress protect consumers’ access to the competitors. internet. In a pay-to-play online world, small the next step in the House of Rep- The choice before us today is clear. A businesses will be forced to decide resentatives. This vote is a no-brainer. Net neu- vote in favor of this resolution is a whether or not to pay tolls in order to trality is one of the most popular vote to restore the free and open inter- avoid being stuck in the slow lane. net. It is a vote to keep control of the These tolls do nothing to promote in- issues that the Senate will consider internet in the hands of those who use novation, but they would impose a tre- this year. There is no other issue that it. Congress must undo the FCC’s deci- mendous cost on entrepreneurs. These polls so decisively on one side. A sur- sion to turn its back on American con- costs would come at the expense of in- vey by the University of Maryland sumers by stripping away net neu- vesting in new equipment, new prod- found that 83 percent of people are in trality. The American public ought to ucts, or new jobs. For those who choose favor of net neutrality, and that in- be what we consider first. So I am not to pay, the cost would be access to cludes 75 percent of Republicans, 89 happy to support this resolution. I call customers, who today already make de- percent of Democrats, and 86 percent of on my colleagues to join us in pro- cisions based on how fast a page or ap- Independents. tecting a free and open internet. plication loads. A few seconds of lag When you think about people’s expe- In closing, this Senator, as one of the time can mean the difference between rience with their ISP, it makes perfect leaders of the Commerce, Science, and a sale made or a sale lost to a compet- sense. People are already frustrated Transportation Committee, has so itor. with the limited competitive options often spoken in favor of the two sides Net neutrality rules matter because for the providers they have. Then, once getting together and negotiating legis- they provide small businesses with the they sign up for service, they find there lation because we keep going on this certainty that paid prioritization will are hidden fees. They have to pay for roller coaster whereby the FCC does not happen. The promises and state- the installation. They have to wait for one thing and, then, the roller coaster ments made by leading broadband pro- the installation. They have to rent the goes the other way and it does another viders following the repeal of the rules cable box. Their bill suddenly goes up thing, and each time it acts, it goes to too often make no mention at all of within a year of service, finding out court. Ultimately, there ought to be a their stance on paid prioritization. they were only engaged in a pro- legislative solution. Others have quietly deleted promises motional offer. In other words, many Today is about taking a stand on the not to engage in this behavior from people don’t like their internet service excessive action by the FCC so that we their website. In February, the CEO of providers. They like the internet, but can make sure to protect the free and Sprint was quoted comparing the inter- they don’t like the lack of choice and open internet and give the ingenuity net to roads, saying that, on many all the hassle and expense that comes and creativity and Yankee inventive- roads, ‘‘you have a faster road and you with getting on the internet. ness of this country the opportunity to pay more. There’s nothing wrong with So if you ask people if we should get continue to blossom by using this new that.’’ Concerns about paid rid of the rules that actually give con- technological tool that has been, vir- prioritization cannot be dismissed sumers control over their internet actually, put into use in the past decade. when CEOs of leading companies are cess, if we should give broadband com- We don’t want that internet throttled speaking openly about the benefits of panies more power over our lives, they and limited. It needs to be free and toll roads on the internet. say no. Providers promise to be good to open. This should not be a partisan issue. consumers. In fact, many of them have I yield the floor. Republicans and Democrats alike said that they don’t need the FCC to

VerDate Sep 11 2014 01:27 May 17, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.025 S16MYPT1 S2704 CONGRESSIONAL RECORD — SENATE May 16, 2018 maintain a free and open internet be- ers, Republicans, Democrats, Independ- trying to figure this out: Most of the cause they are already officially com- ents, red States, and blue States. It is arguments and the fights that have mitted to the idea. But without net also clear that the benefits of the ISPs come about cost increases and about neutrality, there is nothing in the law do not come close to outweighing the paid prioritization and about blocking that prevents companies from treating benefits that students, businesses, and about people monitoring content content or websites differently. schools, families, and others will get haven’t been from the internet service In fact, many of these publicly traded from a free and open internet. providers. It has been from the content companies—once the dust settles, once With this vote, every Member of the folks. the politics of this net neutrality issue Senate will be on the record for or You tell me, when you go to your wanes—will be talking to their chief fi- against net neutrality. I hope every news feed on whatever social media nancial officers, and their board of di- Member will choose to vote the way site you go to or whatever news site rectors will be asking: Why are you not nearly all of America wants us to and you go to, are there paid commercials maximizing revenue? Why are you not restore net neutrality. that come up first, and then your charging consumers more when you I yield the floor. friends come up second? Probably most can? The PRESIDING OFFICER (Mr. COT- of the time. Are there certain bits of If the answer is ‘‘In the process of TON). The Senator from Oklahoma. content that you pay more for if you trying to prevent a piece of legislation Mr. LANKFORD. Mr. President, I was are on Facebook? You can put this out, from passing, we made a promise,’’ the in a conversation with a group of Okla- but you will reach more people if you board of directors will say ‘‘Well, homans just last week, and the issue of pay for it? Yes. But that is not net neu- change your mind.’’ net neutrality came up in that con- trality. The only thing that can stop a cor- versation. A gentleman there who had The argument about net neutrality poration that provides broadband serv- published his content on the internet doesn’t have anything to do with those ices to consumers from doing all the seemed very concerned about net neu- content folks. It is about the internet wrong things is a law. It is not a prom- trality and wanted to make sure that service providers. So why do I bring ise; it is a law. the content he had he could continue this up? So the question for the Senate is to publish, and he would not have to go Here is what has happened. Over the very simple: Whose side are you on? to every single ISP—internet service past 2 years, America has been drawn Are you for the consumers who are provider—across the country and nego- into a fight between two sets of asking us to protect the internet or are tiate a deal with them. That is what megacompanies. Google, Facebook, and you with the telecommunications com- happens with net neutrality. Netflix are at war with AT&T, I said: It is very interesting. Has that panies? Comcast, and all the major internet happened to you? Have you faced that? I want to be really clear here. There He said: No, but I am afraid I might. service providers. You have the content is no constituency on the other side of Here is the problem we have with folks on the web fighting with the this, other than the telecommuni- this conversation about net neutrality. internet service providers that actually cations companies. You don’t go to a For 20 years, the internet functioned provide the fiber that connects the con- townhall meeting and see this thing under a very clear set of rules. The tent. They are fighting over their busi- evenly split. When we were debating Federal Trade Commission had a set of ness, and the way the content pro- the Iran deal or the Affordable Care rules both for content providers and for viders have worded it, they have said: Act or an infrastructure bill or the tax the fiber—the internet service pro- We want the internet to be neutral. We bill, even in a deep blue State like Ha- viders. There was a clear set of rules. don’t want to have customers pay more waii or a deep red State like those of They couldn’t violate any trade prac- for certain content, and we don’t want some of my colleagues, there are al- tices. They couldn’t do monopolies. the internet service providers to charge ways people on both sides of the issue. They couldn’t violate the basic rules of more based on that content, while the I have not met one human being in Ha- commerce. There was a very clear set whole time the content folks are charg- waii who is against net neutrality, and of rules. ing people for the type of content. I challenge anyone out there to find Then, 2 years ago, the FCC—the FTC They are literally arguing and saying: someone who is against net neutrality. is the Federal Trade Commission, and We don’t want them to do what we do The only constituency for this is the the FTC has been the one regulating every single day—what Google does people who would benefit from what the internet for two decades. The FCC every day, what Facebook does every the FCC has already done. decided they wanted to regulate not day. In fact, they fight about not want- Some are pointing to a bill in the the content and the internet service ing internet service providers to filter House that would take care of a few of providers, just the internet service pro- out content when, of late, Facebook the problems that come with getting viders. So the FCC, in an unprece- seems to put out every week a new re- rid of net neutrality. But when you dig dented ruling that had already gone to lease about how they are filtering con- a little deeper, it is clear that this is court multiple times and failed, tent from places they don’t like. not a compromise. It doesn’t offer close grabbed the regulatory control from Here is what we really want: a fair, to the protection that net neutrality the FTC and said: We will take the flat playing field for everyone, and ev- gives consumers and small businesses. internet service providers, and we will eryone who wants free speech can have In fact, it gives these ISPs the ability manage them, and you keep the con- free speech on the internet. If you want to charge small businesses and content folks. That is the fight we are in to start a new business, you can put up sumers more money for different types right now. a website on the internet, and you of content, and that is the crux of the It is the funniest thing to me to be in don’t have to worry about somebody issue. Again, go ask a consumer or a a conversation about net neutrality be- filtering you out. This is not China—a small business owner, and they will tell cause the implication is that the inter- place where they will filter out and de- you that they are already frustrated net will not be free if the government cide whether you can put your content with internet providers, and they ex- doesn’t regulate it with this particular out. This is the United States of Amer- pect Congress to do the right thing and entity—the FCC. When I ask people ica, and everybody wants their content look out for their interests. ‘‘Would it be OK if the government reg- to be able to go out, to be fair, and not This issue is incredibly important to ulated with the FTC, the Federal Trade to have someone judge it. That is what young people. They have grown up on Commission?’’ most people say ‘‘Well, we want with an open internet. By the the internet. It is part of their lives, that would be fine too.’’ Well, good, be- way, that is what you have if the Fed- and they do not want Congress to stand cause that is the way it has been for 20 eral Trade Commission goes back to by and do nothing as this FCC allows years. For 20 years, there has been one regulating, as they have for 20 years. internet providers to change the way set of rules on the superhighway of the I ask a simple question: Was the we access the internet. internet—the Federal Trade Commis- internet open and fair for content in It is clear to me that net neutrality sion. 2015? I believe it was. If you check your is popular among everyone—older peo- Here is what I would like to say to history books from 3 years ago, I think ple, young people, small business own- people who are trying to listen in and you will find that the internet was

VerDate Sep 11 2014 01:27 May 17, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.027 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2705 open in 2015. Facebook was out there. I said: Yes, sir. That is exactly what pay us more money or limit your ac- Netflix was out there. YouTube was out I am saying, but it is zeros and ones cess to certain apps and information there. It was open in 2015. running through a piece of fiber, not based on whether you pay an addi- We are not talking about any set of water running through a pipe. tional fee. What a contrast that is to rules that is different than how the He said: I can get that. Let’s just things like cable television. What internet operated in 2015. But what we keep it fair so that every person who package did you buy? How many chan- don’t want to have is two different sets wants to get access to it can get access nels are in there? How much access do of rules where this set of companies— to it and we are not discriminating on you have? Are you going to pay the bill Google and Facebook and Netflix—gets the water coming through the pipe. again next month? That is quite a bit to tell a different set of companies, the It is pretty easy. We can do that different, isn’t it, from our access to fiber, how to do their business. Neither right now with the Federal Trade Com- the internet? do we want the fiber companies telling mission. Currently, users around the country the content folks how to run their Tomorrow, I am chairing the hearing are enjoying free access to an open and businesses. Let them compete. in the subcommittee that I lead in Ap- neutral internet, but that is all about A lot of people say that there are propriations. We will have the Chair- to change. It is about to change be- only a few internet service providers man of the FCC and the Chairman of cause this new President and his new that are out there. Well, in the United the FTC sit down for a 2-hour conversa- head of the Federal Communications States, there are 4,500 internet service tion, and I am sure much of it will be Commission believe that our access to providers that are out there. Yes, there on this issue of net neutrality. My en- the internet should be for sale. In fact, are some big ones, but there are a lot couragement is for people to actually this administration thinks everything of small ones. If the big ones mis- listen in to get the facts about net neu- ought to be for sale—public lands, our behave, guess what happens. Competi- trality and not the emotion and not privacy, and in this case, our unfet- tion will beat them down, and those what the Googles and Facebooks and tered pathway to information. small companies will beat them be- NetFlix are telling you what to think, Thanks to the leadership of ED MAR- cause the big companies get out of line. because they are competing against the KEY of Massachusetts and many of my It is the way America works and the other guys. Come and get the real colleagues, we come today to discuss way competition works when you keep facts. We will lay the facts on the this fundamental issue. This is a rare it fair and open. table. day in the Senate. We are actually dis- It is a misnomer to talk about net If there is an area that needs to be cussing an issue of substance on the neutrality as if it is not neutral right handled with new regulations, I would floor. I welcome the visitors for this now. There are a lot of fears and a lot be glad to engage, but quite frankly, I historic moment. We are preparing to of innuendos. There are a lot of accusa- think the internet needs the lightest vote tomorrow on whether the decision tions and what-ifs and maybe they will touch possible. I don’t see a reason why of the Trump administration’s Federal come out and I am afraid the the Federal Government should get in Communications Commission, which boogeyman is going to come and take the business of free speech and tell peo- ends net neutrality, is going to succeed the over the internet. Really, what is ple what they can and can’t say. Let’s or fail. happening is that two giant sets of keep the internet open and free and Luckily, we were joined by at least companies are competing and asking fair and not block content, but let’s one Republican—I didn’t look at the the government to jump in the middle also not try to jump between two sets final rollcall—to move us forward in and the Googles and Facebooks and of megacompanies and pick winners this debate. All the Democrats and at Netflix are asking this government to and losers at the same time. Let’s keep least one Republican voted for this, put restrictions to the internet service and we prevailed. Tomorrow, we hope providers that they are not willing to it open and stay out of the business of to do the same. We hope it will be done actually have themselves. telling businesses how to run their Why don’t we just do this: Let every- businesses. on a bipartisan basis as well. Follow this debate because my guess one compete and not try to have the Mr. President, I yield back. government in between. Can we have I suggest the absence of a quorum. is that it is going to impact you and net neutrality where we don’t have The PRESIDING OFFICER. The your life. If the Trump administration blocking of content, where we have fair clerk will call the roll. and the Federal Communications Com- trade rules, where we make sure every- The senior assistant legislative clerk mission have their way, they are going one gets access to the internet? Yes. proceeded to call the roll. to change our access to the internet for We can have that when the Federal Mr. DURBIN. Mr. President, I ask every single family, every single busi- Trade Commission actually oversees unanimous consent that the order for ness, every single doctor—the list goes those rules as they have for two dec- the quorum call be rescinded. on. ades. The PRESIDING OFFICER. Without In December, the FCC voted to put There is a lot of hyperbole in this. I objection, it is so ordered. the needs of companies ahead of con- just wish there were more facts coming Mr. DURBIN. Mr. President, before sumers and to undo net neutrality in to the table at the same time the hy- the Senate today is the question of the United States. This great party on perbole is coming out. whether we will continue to have free the other side of the aisle who talks The simplest conversation I can have and open access to the internet in the about freedom—we want Americans to is actually a conversation I had with a United States of America. have freedom—wants to take away our mayor not long ago. We were talking Every day, millions of Americans log freedom for access to the internet. through the complexity of this and on. They rely on the internet to help Why? So somebody can buy parts of it about fiber networks and about their child with his or her homework and sell them back to us. broadband and capabilities and speed assignment, help a father video call his Under their new plan, the FCC would and all these things. mother, who may live three States allow companies to freely block or slow He said: Hold on. I am a mayor. Can away, or help a small business woman down any American’s access to we talk about water pipes for a make a sale to a customer halfway websites based on the company’s finan- minute? across the world. cial interests and would allow paid I said: Sure. Currently, the people who use the prioritization practices which create He said: So what you are telling me internet in the United States and oth- internet fast lanes and slow lanes based is there is lots of water going into the ers like them are free to enjoy the on who can afford to pay more for the water pipe and lots of people who are internet as they wish. When you logged service. What a change that is from using that water, and we have to find a on this morning, you had the same ac- what we have today. fair way to be able to get all that water cess to the internet as every other Everyone has a favorite website they out because there is more water trying American. There is no fear that some visit every day. In the morning, I race to get into that pipe than we can actu- internet provider is going to step in in here and get to the newspapers in Il- ally get out on the other end, and it is and say: Wait a minute. We are going linois, for example, to see what is going backing up. to slow down your service until you on in my home State. Well, what if one

VerDate Sep 11 2014 01:27 May 17, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.028 S16MYPT1 S2706 CONGRESSIONAL RECORD — SENATE May 16, 2018 day you typed in the address of that We are starting today with this vote participate on an equal foundation, newspaper and nothing popped up or in the Senate. We will finish it tomor- with the freedom to have a full right to you were able to visit it, but it took row. Then, if we are successful, it goes participate in the information world of twice as long to download it? across the Rotunda to the House. If today and tomorrow and a full oppor- Remember those days when you used they do nothing, your right to the tunity to participate on a level playing to deal with dial-up? Some of the internet is going to be destroyed. field in the economic battleground of young people in the Chamber are prob- Today every Senator will have a today and tomorrow. Freedom is what ably scratching their head and asking: chance to tell their constituents ex- net neutrality is about. What is dial-up all about? Well, those actly where they stood on this issue of This is what the Federal Communica- days did exist, and it was a much dif- personal freedom—whether content on tions Commission wants: It wants to ferent world in the internet, which we the internet should be treated equally have a fast lane for the rich and the could return to because of that FCC de- and consumer access be a matter of powerful, and it wants to have a slow cision. This could be the reality under how much you can pay. I think the an- lane, where you are hardly moving at the Trump administration’s Federal swer is obvious, and so do the overall, for all the rest of us—all of work- Communications Commission. whelming majority of Americans. ing America, stuck here in a congested For internet providers, this means Will the Republican Party please join internet while they sell off the fast they can discriminate against specific us in a bipartisan effort to stand up for lane to the wealthiest. That is what content on the internet and be free to something that Americans across the this is about. do so in the name of competition. For board support? The FCC, or the Federal Communica- consumers, it means less service and I urge my colleagues to support the tions Commission, proceeded in its de- higher costs. For entrepreneurs and concept of net neutrality and the CRA cision to take away equality on the small businesses, there is also a risk. resolution before the Senate. internet, to ignore the technical ex- I had a meeting this morning with I yield the floor. perts, to produce studies that are de- the Illinois Realtors. There were about The PRESIDING OFFICER. The Sen- bunked by the experts, and to conduct 20 of them gathered in the hallway. I ator from Oregon. a fraudulent public comment period was in a committee hearing. Mr. MERKLEY. Mr. President, last where bots, or robotized comments, They said: The first item on our year, in 2017, we watched a series of were filing fake comments by the mil- agenda is net neutrality. battles related to the very fundamental lions. They didn’t even want America I said: Realtors and net neutrality? vision of our Constitution—whether we to be able to weigh in legitimately. Explain. are going to do the people’s work or We said: Redo the comment period They said: Well, people are now look- whether we are going to be a Senate and put up an interface to stop the bots ing for their homes on the internet. run by the most powerful and privi- so real people can weigh in. You could Perspective purchasers of homes do leged in America. There is no question have real input from real Americans. video tours of all of these different how that came out. It was the powerful That is ‘‘we the people’’ government. homes. We want our customers to have and the privileged. The FCC said: No way, because we are access to the internet so they can go Three major things happened in 2017. bent on our track. shopping for their next home. We think The first was a health bill designed to What was their track? To allow dis- it is good for American business. destroy healthcare for some 30 million crimination on the internet by the So do I—but not the Federal Commu- Americans, thereby also affecting ev- type of user, to allow discrimination on nications Commission. They disagree. erybody else by raising the costs of the internet based on the type of busi- The internet has given the businesses healthcare and putting our rural ness or the type of social content, to not only access to customers but a healthcare clinics and our rural hos- allow discrimination on the internet by global reach and ability to compete pitals out of business. That was a bill the type of website, to allow discrimi- with companies large and small. Suc- for the powerful and the privileged and nation by the type of platform or by cess isn’t determined on how rich your against the people. using an iPhone or a desktop, to allow business is. It is how good your product Then we had the tax bill—a bill that discrimination based on the software is. If our country wants to grow its borrows $1.5 trillion from the next gen- application—is it Safari or is it economy and continue to lead the eration. Our pages on the floor here are Google? world in innovation, we cannot allow the next generation. We gave the bill Why is that? Because the internet the internet to become a place where to them and then gave the proceeds to service providers can sell, through that businesses impose a pay-to-play sce- the very richest of Americans, increas- license to discriminate, a fast lane to nario. ing and accelerating inequality in the rich and powerful while the rest of I can’t understand how the other wages and inequality in wealth. That is us are stuck in traffic. party—this party of individualism and legislation by and for the powerful— It is totally unfair. People in Amer- freedom—wants to take this freedom not we the people. ica get it. They understand that this is away from the American people. Then we saw the theft of a Supreme the opposite of what it means to have If the FCC’s harmful new plan is al- Court seat, done directly to maintain a a government that reflects the will of lowed to take effect, consumers, busi- court case called Citizens United, the people. nesses, and hard-working families will which allows the wealthiest Americans If we go back to our Founders, James be hurt. It is no wonder that public to spend hundreds of millions of dollars Madison said: ‘‘The advancement and support for net neutrality is over- to drown out the voices of the people diffusion of knowledge is the only whelming. America gets it. The Fed- here in our democratic republic. That guardian of true liberty.’’ ‘‘The ad- eral Communications Commission and is government by and for the powerful vancement and diffusion of knowledge the President may not, but America and the privileged instead of we the is the guardian of true liberty.’’ But understands this. All over the country, people. today a sizable share of the Members of students, teachers, businesses, individ- Wouldn’t it be amazing if this Cham- the Senate want to shut down advance- uals, and families, are all making their ber actually believed in this Constitu- ment and diffusion of knowledge on a voices heard, and I encourage them to tion—this vision of distributing power level playing field and sell our right to continue to do so. among the voting citizens—so we have, equality to the highest bidder. We need more Republicans to stand as Jefferson said, laws that reflect the They want to put the modern user— up for your freedom. We need more Re- will of the people? the student, the child, the math teach- publican Senators to join us in what Here we are today with another issue er, the entrepreneur, the small busi- should be a strong, bipartisan effort. that is a battle between the vision of ness—they want to lock them in chains The Federal Communications Com- our Constitution and government by and say: We are taking away your free- mission has announced that its radical and for the powerful. It is called net dom to participate in the public square plan to end net neutrality will take ef- neutrality on an equal basis. That is simply fect next month—next month—unless What is net neutrality? It is making wrong. We know it is wrong because Congress stops it. the internet a place where we can all millions of Americans have weighed in.

VerDate Sep 11 2014 01:27 May 17, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.029 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2707 On some days in my office, I have had optimistic and very positive about a I think it is clear that Gina Haspel is phone calls that are 100 to 1—1 or 2 or lot of the developments in America’s an absolute star nominee for this vi- 3 people arguing: Sure, let the powerful foreign policy in places like North tally important job. I am not the only sell off our freedom. But for every 1 of Korea. At the same time, we all recog- one saying so. The list of people who those folks, there are 100 citizens say- nize that the world continues to be a have come out and endorsed her nomi- ing: No way, fight for fairness. Fight very dangerous place. National secu- nation goes on and on. At least six for equality. Fight for our freedom to rity must be our first responsibility. former leaders of the Central Intel- participate on a level playing field. My goal is a nation that is safe, strong, ligence Agency have all come out pub- We hear it from all kinds of small and secure. licly to praise her qualifications and businesses. More than 6,000 have for- To have safety and security at home, her abilities. CIA Directors under mally weighed in. We hear it from all we need peace and stability abroad. Re- President Obama, under President kinds of organizations. I hear it from publicans in Congress understand that. Bush, under President Clinton—Repub- the Realtors. I hear it from the res- So does President Trump, and so does licans and Democrats alike—all agree taurant owners. Everyone who isn’t Gina Haspel. That is why the Senate she is the right person for this job. one of the superelite in America wants Select Committee on Intelligence Look at what they have had to say. equal participation and freedom on the today approved Gina Haspel’s nomina- Michael Hayden was Director under internet, but there is a whole host of tion to lead the Central Intelligence President Bush. He wrote: ‘‘Gina colleagues today who are considering Agency. It was a bipartisan vote. Haspel is the person America needs at voting for the elite and rich and power- That used to be the normal way the CIA.’’ He said: ‘‘She is someone you ful over their constituents. things operated around here—in a bi- want in the room when big decisions I encourage you to rethink your pri- partisan way. When you had a nominee are being made.’’ orities because we have a responsi- who was undeniably qualified, they got Listen to what Leon Panetta, who bility, under our Constitution, to do support from both sides of the aisle. It had the job under President Obama, government by and for the people, not has become very uncommon over the said. He said that he was glad she the powerful. past year. would be the first woman to head the We have heard from chiropractors. Democrats have decided to obstruct Agency because ‘‘frankly she is some- We have heard from people who per- President Trump’s nominees for impor- one who really knows the CIA inside form at music venues. We have heard tant jobs almost at any cost, but Gina out.’’ from graphic design artists. We have Haspel got this rare bipartisan ap- Look at John Brennan, who also ran heard from medical startups. We have proval from the committee for the the Agency for President Obama. He heard from everyone across the spec- right reason—because she is the right said in an interview that she has the trum saying: Give me a fair chance to person for this job. Now we will have a experience, the breadth, and the compete. vote on the Senate floor. depth—on intelligence issues and for- A fair chance to compete is an Amer- This should be one of the easiest eign policy issues over many, many ican value. Let us not trounce that votes for Members of the Senate to years. value into the mud today. cast all year. The Director of the Cen- It is clear this is someone who is very I anticipate that at 3 p.m. we are tral Intelligence Agency is a very im- highly regarded by people who know going to have a vote on this floor, and portant member of the President her, people who have worked with her, the majority of this Senate—a slim Trump’s national security team. She is and people who have relied on her judg- majority—is going to fight for freedom, the right person for the job. ment and her expertise. That expertise and the rest are going to say: No way, She has been a career intelligence of- and that clear-eyed judgment is more I am not fighting for freedom. I am ficer for 33 years. That goes back to the important today than perhaps at any fighting for the big and powerful people days of the Ronald Reagan administra- other time since the end of the Cold in America. tion. She actually got interested in the War. That is just wrong. CIA when she learned that women Our Nation’s adversaries are cunning, Then this bill will go to the House. could serve there doing clandestine they are opportunistic, and they are When it goes to the House, there will work all around the world. aggressive. We face challenges in deal- be another battle. So having won here She has served in Africa, Russia, Cen- ing with Syria and in dealing with by a slim margin—a slim, bipartisan tral Europe, and Asia. She has held top ISIS. We have a lot of work ahead of us margin—we have to win in the House, jobs at the Agency’s headquarters. She in Iran. which means that we need the Amer- understands every element of the work Next month, President Trump will be ican people to weigh in. of America’s intelligence community. meeting with North Korea to try to end Here is the thing. The rich and pow- Since she is actually the acting head their nuclear program. Now, I remain erful really want to win the fight. Oh, of the Agency today, I think anyone skeptical about North Korea, and so do they are going to be spending a lot of would be hard-pressed to say she is not a lot of Republicans in the Senate, but money to win this fight. They are up to the job, because she is doing the this is the best opportunity we have going to be sending a lot of lobbyists job. She has the faith and the trust of ever had to try to get nuclear weapons down the hall to win this fight. So we the men and women in the field who out of North Korea. The President have to have the people of America keep us safe every day. needs his full team in place. weigh in and let them know across the Let’s not forget that she has also This isn’t a simple political game for hall, down the hall, down this road to worked very closely with Mike Democrats to play for the TV cameras. the House that as the people’s House, Pompeo. He was head of the CIA. Now This is about the peace and security of they should do the people’s business. he is Secretary of State. Having two the world and safety and strength for Let’s set the example here in the people in these important jobs who al- the United States. Senate. Let’s not have a slim majority ready have a solid, respectful working As a CIA officer for more than 30 fight for freedom for Americans. Let’s relationship is extremely important for years, Gina Haspel has had to make have the entire body weigh in with a making sure that the U.S. foreign pol- tough decisions to keep our country robust, extensive majority, fighting— icy is airtight. safe. The decision we face to confirm fighting—for freedom on the internet. No one else that the President could her nomination to be Director of the Let’s win this battle today, and let’s have nominated would have been able Central Intelligence Agency is not a win it in a few days down the hall. to work as closely with Secretary of tough decision at all. I will vote loudly Thank you, Mr. President. State Pompeo. She is an expert on ter- and clearly in support of her nomina- The PRESIDING OFFICER. The Sen- rorism. She is an intelligence expert. tion. ator from Wyoming. She is a national security expert. When she is confirmed, all Americans NOMINATION OF GINA HASPEL She began her work at the CIA dur- will be able to sleep soundly, knowing Mr. BARRASSO. Mr. President, yes- ing the Cold War. So she has a deep un- she is on the job providing the security terday President Trump joined Repub- derstanding of Russia and a deep un- we all need. lican Senators for lunch. He was very derstanding of our challenges there. Thank you.

VerDate Sep 11 2014 01:27 May 17, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.031 S16MYPT1 S2708 CONGRESSIONAL RECORD — SENATE May 16, 2018 I yield the floor. Just 2 weeks ago, in Massachusetts, I it if the rules made it possible before I suggest the absence of a quorum. had a meeting with 500 people on net we changed the laws in the 1990s. But The PRESIDING OFFICER. The neutrality. I invited Tim Berners-Lee, since then, they have—and they have clerk will call the roll. the inventor of the worldwide web. reinvented, not just the United States The senior assistant legislative clerk Tim Berners-Lee was selected by of America, but they have reinvented proceeded to call the roll. Time magazine as one of the 20 great- the whole world. There is a vocabulary Mr. MARKEY. Mr. President, I ask est thinkers, scientists, and innovators which has been created since 1996, unanimous consent that the order for of the 20th century. Who else was on words that now everyone thinks are the quorum call be rescinded. the list with him? Sigmund Freud, Edi- common: Google, Amazon, E-Bay, The PRESIDING OFFICER. Without son, Henry Ford. Hulu, You Tube. They didn’t exist. objection, it is so ordered. Tim Berners-Lee is the inventor of They didn’t have a role in our society. Mr. MARKEY. Mr. President, I thank the worldwide web, the organizing prin- the Presiding Officer, and I thank all of We had to change the rules in order to ciple of the web. What he said is, the my colleagues here today. This has make it possible for them. There is a principles of nondiscrimination are been a very important debate to have whole new generations of companies baked into the internet. It was his in- on the floor of the U.S. Senate. It is a whose names we do not know yet, but tent to have it work that way so there debate over whether we are going to because of net neutrality they will be could be no discrimination. What we continue to have a free and open inter- known. They will be the job creators are talking about is a fundamental net. This vote is a test of the U.S. Sen- for the next several decades in our change. The largest companies now ate, and the American people are country. want to implement fundamental watching very closely. So I thank all Members who partici- This vote is about small businesses, change in order for them to ensure that pated in this debate. There won’t be a librarians, schoolteachers, innovators, competitors cannot compete as well as more important one that we have, be- social advocates, YouTubers, college they could if they could not be dis- cause it goes right to the heart of our students, and millions of other Ameri- criminated against—that consumers identity as a free and open society. I cans who have spoken with one voice have the protections they need so they urge my fellow Senators to vote yes on to say: Access to the internet is our are not harmed, and so this innovation my Congressional Review Act resolu- right, and we will not sit idly by while economy can continue to unleash itself tion to restore the net neutrality rules this administration stomps on that for the benefit of the United States, so to the books. right. we are, No. 1, looking over our shoul- Mr. President, I yield back the re- This vote is our moment to show our ders at Nos. 2, 3, 4, 5, and 6 in the mainder of my time. constituents that the U.S. Senate can world. The PRESIDING OFFICER (Mr. break through the partisanship and The internet and its success is a TOOMEY). The Senator from South Da- break past the powerful outside influ- story about the United States being kota. ences to do the right thing—the right No. 1, not any individual company, and Mr. THUNE. Mr. President, we are thing for our economy, the right thing certainly not a small handful of about to vote on this Congressional Re- for our democracy, the right thing for broadband companies. That is why the view Act resolution of disapproval our consumers, and the right thing for rest of the world envies what we have dealing with this issue of net neu- our future. in our country, this incredible engine trality. This is common sense to Americans of innovation which has created mil- Let me say again what I said at the around the country, with the only ex- lions of new jobs since the 1996 Tele- beginning of this discussion earlier ception being telecom lobbyists and communications Act was passed, since today; that is, I support principles of lawyers inside the beltway. How do I this digital revolution was unleashed. net neutrality that can be enshrined in know? Because 86 percent of all Ameri- We must keep these principles intact. law, that actually do address the issues cans in polling agree that net neu- That is what we are debating here people on the other side are concerned trality should stay on the books as the today on the floor of the United States about, whether that is a ban on block- law of the United States. Senate. We are debating what the prin- ing of lawful content, a ban on throt- The public is telling us loudly and ciples should be for this organizing tling of internet speeds, a ban on paid clearly to vote for this resolution. principle of our country for the 21st prioritization that would create fast They are telling us they don’t trust century, which is the internet. From lanes, slow lanes, and that sort of their internet service provider to show my perspective, the only way in which thing. Those are things on which I up on time for a customer service ap- every American, every entrepreneur, think there is pretty broad agreement. pointment at their house, so they cer- every new idea is going to have a shot Frankly, it seems to me, at least, tainly don’t trust them to put con- at helping to make our country better there is bipartisan support for pursuing sumers ahead of profits. is if net neutrality stays on the books. a legislative solution to this—to put They are telling us that once they So this is a defining vote, the most into law, to codify once and for all pay their internet bill, they expect fair important vote that we are going to those principles of an open internet. In- access to the internet. They are telling have in this generation, on the inter- stead, we are having this fake argu- us they are sick of the special interests net. The whole country is watching. ment over a Congressional Review Act getting their way while the rest of us Eighty-six percent of all voters support resolution of disapproval, which is get the short end of the stick. net neutrality, 82 percent of all Repub- going nowhere, and my colleagues on So I ask each and every one of my licans support net neutrality. If it is the other side know that. All it does is colleagues today to heed the calls of not broke, don’t fix it. It is working, prolong the period of uncertainty in the American people to keep the inter- and it works for the smallest voices which we have been operating for some net open, to keep the principle of non- and for the largest voices. What these time, where internet service providers discrimination at the heart of what the huge internet companies, the internet are not investing in new technologies, internet has been and must continue to service providers, want to do is change innovation, and infrastructure and in- be, not just for the most powerful the rules, tilt the playing field. stead are investing in lawyers and liti- voices but for those who have the It was a long route to get to this era. gation as this cloud of uncertainty smallest voices inside of our society. We had one telephone company, one hangs over the regulation of the inter- That includes entrepreneurs who just cable company, monopolies going into net. last year received half of all venture people’s homes. It took a lot to get What our colleagues on the other side capital in the United States which away from that era so that smaller are proposing is simply this: Regulate went to software and internet startups. voices, newer voices could be heard. the internet like a public utility in the That is what we need. We need to un- When that happened, it unleashed tril- same way that Ma Bell was regulated derstand how this incredibly chaotic lions of dollars of private-sector invest- back in the 1930s, because the law they entrepreneurial system in our country ment the software and internet compa- would use to regulate the internet is works, and at the heart of it is net neu- nies, these innovators, were now able title II of the 1934 Communications trality. to gain access to. They could have done Act—basically saying: We want to take

VerDate Sep 11 2014 01:27 May 17, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.033 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2709 a law that is 80 years old and use it to a bipartisan deal giving the commis- The result was announced—yeas 52, regulate a 21st-century innovation like sion limited but clear authority to reg- nays 47, as follows: the internet—the internet that ex- ulate broadband providers and preserve [Rollcall Vote No. 97 Leg.] ploded under the light-touch regime net neutrality.’’ YEAS—52 that was in place up until 2015. That is the way to do this. It is not Baldwin Hassan Nelson In 2015, the FCC decided they wanted to have an FCC that bounces back and Bennet Heinrich Peters to use the heavy hand of government forth from administration to adminis- Blumenthal Heitkamp Reed regulation as opposed to a light touch. tration at the whim of whatever the Booker Hirono Sanders Brown Jones What this FCC has said, simply, is that political wins of the day are or, per- Schatz Cantwell Kaine Schumer we are going to go back to the light- haps even worse yet, spends a lot of Cardin Kennedy Shaheen touch regulation that was in place for time in court litigating this issue— Carper King Smith Casey Klobuchar Stabenow the first two decades of its existence, millions and millions of dollars that Collins Leahy Tester two decades that led to explosive could be spent investing in innovation Coons Manchin Udall growth, dramatic increases in produc- and new technology and new infra- Cortez Masto Markey Van Hollen tivity, and economic opportunity for structure that could deliver higher, Donnelly McCaskill Duckworth Menendez Warner Americans all over the country. Here faster speeds, higher quality of services Durbin Merkley Warren we are today talking about a Congres- to people across this country, including Feinstein Murkowski Whitehouse sional Review Act resolution of dis- those in rural areas who have missed Gillibrand Murphy Wyden approval that would roll back that out on a lot of this. You are not going Harris Murray FCC’s decision in an attempt to restore to get broadband providers to deliver NAYS—47 and put back in place the heavyhanded services or invest in rural areas if they Alexander Flake Perdue regulation of title II under the 1934 are operating under a cloud of uncer- Barrasso Gardner Portman Blunt Graham Communications Act. tainty, which is what this CRA, if it Risch Boozman Grassley Roberts I think, frankly, that we can solve were successful, would ultimately lead Burr Hatch Rounds this issue quite simply; that is, to sit to. Capito Heller Rubio down in a bipartisan way and figure I simply ask our colleagues on both Cassidy Hoeven Sasse Corker Hyde-Smith Scott out a way to enshrine into law those sides of the aisle to reject this ill-fated, Cornyn Inhofe Shelby principles of an open internet that frankly, charade of an exercise that we Cotton Isakson Sullivan Crapo Johnson would ban the things I just talked are going through in exchange for a Thune true discussion of bipartisan legisla- Cruz Lankford about—ban blocking, ban throttling, Daines Lee Tillis ban pay prioritization, but do it in a tion. I mentioned earlier that I had a Enzi McConnell Toomey way that does not draw on the title II draft from 2015 that we put together. I Ernst Moran Wicker authority that essentially gives the have had numerous opportunities to Fischer Paul Young FCC the authority, if they want to, to discuss that draft with Members on the NOT VOTING—1 regulate rates. other side. We have socialized some of McCain This is a heavyhanded government these issues. We shopped them around. The joint resolution (S.J. Res. 52) approach to regulating the most power- It certainly is not the end-all product, was passed, as follows: ful economic engine we have seen lit- but that is what legislation is about. It S.J. RES. 52 erally in generations. I think the clear is about the opportunity to sit down, Resolved by the Senate and House of Rep- vote here today is in favor of legisla- take input from both sides, and come resentatives of the United States of America in tion that would put those rules into ef- up with a bipartisan solution. I think Congress assembled, That Congress dis- fect and against a Congressional Re- that is certainly within our reach here approves the rule submitted by the Federal view Act resolution of disapproval, if we are willing to do it, but this is not Communications Commission relating to which is simply an attempt to, I guess, the way to do it. ‘‘Restoring Internet Freedom’’ (83 Fed. Reg. gain partisan advantage with an issue This is a dead-end canyon, which 7852 (February 22, 2018)), and such rule shall that people seem to think will be use- does nothing to solve the issue. All it have no force or effect. ful in the upcoming elections. does is perhaps whip up some people f Honestly, it is not going anywhere. who are perhaps interested in trying to EXECUTIVE SESSION We all know that. I think the sooner use this as a political wedge issue, but we conclude that and the sooner we get it is not going to do anything to solve serious about sitting down together the problem. I urge my colleagues to EXECUTIVE CALENDAR—Continued across from each other and actually reject and vote no on this resolution of The PRESIDING OFFICER. Under putting into law these principles of an disapproval, and let’s get serious about the previous order, the Senate will pro- open internet, the better off we will all legislating. ceed to executive session and resume be. I mentioned this earlier today. I yield back the remainder of our consideration of the following nomina- There are a number of our colleagues time. tion, which the clerk will report. who have made statements publicly, as The PRESIDING OFFICER. All time The legislative clerk read the nomi- recently as yesterday at a Commerce has been yielded back. nation of Mitchell Zais, of South Caro- Subcommittee hearing, where they The joint resolution was ordered to lina, to be Deputy Secretary of Edu- supported that approach of bipartisan be engrossed for a third reading and cation. legislation. I had colleagues on the was read the third time. The PRESIDING OFFICER. Under other side who have made public state- The PRESIDING OFFICER. The joint the previous order, all time is expired. ments—and I quoted some of them resolution having been read the third The question is, Will the Senate ad- today—in support of a legislative solu- time, the question is, Shall the joint vise and consent to the Zais nomination along the lines of what I am pro- resolution pass? tion? Mr. MARKEY. I ask for the yeas and posing here. Of course, we have had Mr. MANCHIN. I ask for the yeas and nays. multiple examples of misstatements nays. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there a and hyped-up statements that aren’t sufficient second? sufficient second? grounded in any sense of reality, so There appears to be a sufficient sec- There appears to be a sufficient sec- much so that even a Washington Post ond. ond. Fact Checker came out and said that The clerk will call the roll. The clerk will call the roll. the statements that were being made The legislative clerk called the roll. The bill clerk called the roll. by the Democrats warranted three Mr. CORNYN. The following Senator Mr. CORNYN. The following Senator Pinocchios. The L.A. Times just this is necessarily absent: the Senator from is necessarily absent: the Senator from last week editorialized: ‘‘Rather than Arizona (Mr. MCCAIN). Arizona (Mr. MCCAIN). jousting over a resolution of dis- The PRESIDING OFFICER. Are there Mr. DURBIN. I announce that the approval, Congress needs to put this any other Senators in the Chamber de- Senator from Illinois (Ms. DUCKWORTH) issue to bed once and for all by crafting siring to vote? is necessarily absent.

VerDate Sep 11 2014 03:31 May 17, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.034 S16MYPT1 S2710 CONGRESSIONAL RECORD — SENATE May 16, 2018 The PRESIDING OFFICER (Mr. is that this is the opposite of neu- accomplish the opposite. This resolu- GARDNER). Are there any other Sen- trality. This is all about more regulation would remove rightful oversight of ators in the Chamber desiring to vote? tion of the internet. noncompetitive behavior and consumer The result was announced—yeas 50, Oh, by the way, I noticed that the protection from the Federal Trade nays 48, as follows: internet seemed to be working just fine Commission and, instead, subject ISPs [Rollcall Vote No. 98 Ex.] while this Restoring Internet Freedom to oversight by the FCC, including reg- YEAS—50 Order by the FCC was in effect. ulations regarding consumer data pri- Alexander Flake Paul How did they do this? By painting vacy, approval or disapproval of new Barrasso Gardner Perdue the FCC’s decision as proof somehow— innovation, and dictating the terms Blunt Graham Portman and I am not really sure how, other and conditions of service. That would Boozman Grassley Risch than maybe gullible press and people Burr Hatch create a major imbalance in our inter- Roberts willing to just accept their argument Capito Heller Rounds net ecosystem between content and Cassidy Hoeven Rubio at face value—that some of us are platform regulation, as edge providers Collins Hyde-Smith Sasse against net neutrality. That is just not like Google and Facebook would not be Corker Inhofe Scott Cornyn Isakson the case. subject to the same standards as Shelby Cotton Johnson I believe the free market has done broadband providers. Sullivan Crapo Kennedy more to help the internet grow and Thune Finally, the resolution would in- Cruz Lankford succeed as an engine of commerce and Daines Lee Tillis crease the digital divide across Amer- Enzi McConnell Toomey something that allows us to commu- ica, and that is no small matter. As Ernst Moran Wicker nicate with our friends and family, Brent Wilkes, the former CEO of Fischer Murkowski Young share pictures and the like, beyond our LULAC, wrote recently in the Houston NAYS—48 wildest dreams. I guess Thomas Fried- Chronicle, ‘‘the CRA would . . . rein- Baldwin Hassan Nelson man’s book ‘‘The World is Flat’’ talked state Depression-era Title II rules that Bennet Heinrich Peters about how one of the most important have not created the open internet’s Blumenthal Heitkamp Reed events in recent history was the devel- engine of opportunity with a level Booker Hirono Sanders Brown Jones Schatz opment of the world wide web in 1995. playing field that proponents envi- Cantwell Kaine Schumer We have come a long way since 1995, sioned.’’ Cardin King Shaheen and the internet has succeeded beyond He went on to say: ‘‘Placing the Carper Klobuchar Smith our wildest dreams, which is the reason Casey Leahy Stabenow internet back under Title II rules Coons Manchin Tester the last thing we should want is the would . . . curb the critical infrastruc- Cortez Masto Markey Udall government to come in and inject itself ture investment necessary for con- Donnelly McCaskill Van Hollen with more controls. necting more Americans to high-speed Durbin Menendez Warner We have always supported a free and Feinstein Merkley Warren broadband, including nearly 4 million Gillibrand Murphy Whitehouse open internet. Internet service pro- Texans—about 15 percent of the state’s Harris Murray Wyden viders should not be able to block, population—who live in rural commu- NOT VOTING—2 slow, or otherwise unfairly discrimi- nities that are difficult and costlier to Duckworth McCain nate against any legal website or on- connect.’’ line service. In fact, it was our Demo- As I said when I began, I believe in an The nomination was confirmed. cratic colleagues who blocked Repub- The PRESIDING OFFICER. Under open and free internet, but the vote we licans from passing the bill earlier just held does not make the internet the previous order, the motion to re- today that would have prevented the consider is considered made and laid more open or more free—just the oppo- internet service providers from being site. Let’s be blunt about it. This vote upon the table and the President will able to do just that. be immediately notified of the Senate’s was simply a waste of time. The issue up for debate this week, The light-touch regulatory treat- action. though, was how to classify these pro- The Senator from Texas. ment of internet service providers viders for regulatory purposes, and under the December 2017 FCC order was f here, there was a choice. Our side of a return to the Clinton-era environ- LEGISLATIVE SESSION the aisle has long favored a light-touch ment that allowed the internet to inno- approach that is offered under title I of vate and thrive. Imposing additional, the Telecommunications Act. Our stifling government regulations does MORNING BUSINESS Democratic friends favor a more oner- not benefit consumers in the long run Mr. CORNYN. Mr. President, I ask ous approach under title II. That is and, instead, allows FCC bureaucrats unanimous consent that the Senate re- why they favor repealing the FCC’s re- to pick winners and losers. That is why sume legislative session for a period of cent order, returning to Depression-era I opposed our Democratic colleagues’ morning business, with Senators per- regulations implemented under the resolution today. mitted to speak therein for up to 10 Obama administration. minutes each. Our Democratic colleagues have now f gotten their wish, in a way. They voted The PRESIDING OFFICER. Without NATIONAL POLICE WEEK objection, it is so ordered. here in the Senate to repeal the cur- Mr. CORNYN. Mr. President, on a f rent FCC order by using the Congres- sional Review Act, which gives Con- separate note, for the last few days, we NET NEUTRALITY gress the power to nullify agency rules have been celebrating National Police Mr. CORNYN. Mr. President, today and requires only a simple majority to Week, when we honor the men and our Democratic colleagues insisted on pass. But our colleague, the senior Sen- women who help keep our communities an aimless vote on the issue of net neu- ator from South Dakota, is correct safe. They have chosen a difficult and trality. This is what has been called by when he refers to their stunt as ‘‘polit- often dangerous life, dedicated to en- the Wall Street Journal a vague name ical theater.’’ It is merely a ‘‘show forcing the law, defending our civil lib- which essentially is cover for regula- vote.’’ erties, and protecting our cities and tion of the internet like a utility under First of all, even though our Demo- neighborhoods. the previous regime, which is the cratic colleagues may have joined to- Sometimes law enforcement officers Obama-era regime. gether to win this vote on the Congres- intentionally put themselves in harm’s Following the FCC issuance last De- sional Review Act in the Senate, there way for our benefit, and sometimes cember of the Restoring Internet Free- is simply no indication that the House they even sacrifice their lives for their dom Order, our Democratic colleagues plans to take it up or that the Presi- fellow citizens. The police in my State vowed to make net neutrality a cam- dent would sign it if they did. are no exception. In fact, according to paign issue. Second, contrary to supporters’ one FBI report, Texas had more law en- To me, one of the most maddening claims, the resolution will not ‘‘re- forcement officers die in the line of things about the title ‘‘net neutrality’’ store’’ net neutrality. In fact, it would duty in 2017 than any other State.

VerDate Sep 11 2014 03:53 May 17, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.009 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2711 Because it is National Police Week, I Multiple jurisdictions in Texas par- sington Police Department and Troop- would like to mention two important ticipated in Project Exile, which, er Michael Paul Stewart III of the pieces of legislation that are high pri- again, was focused on the most violent Pennsylvania State Police. orities for law enforcement groups, and offenders and the ones who were car- Given the clear and obvious dangers I am happy to be the chief sponsor of rying firearms, which they could not that our police officers face, it seems both. legally possess or use. The result was a to me that we have an obligation to The first is called the Justice Served staggering reduction in crime rates and make sure they have the tools they Act. Its companion legislation passed homicides. Project Exile later became need to protect themselves and the just yesterday in the House. I am the basis for the Department of Jus- public, so I want to mention two ef- grateful to my colleague Representa- tice’s nationwide Project Safe Neigh- forts to do exactly that and urge my tive JOHN CARTER for helping to make borhoods Program, which has been on- colleagues to support these efforts. sure that happened. going for more than a decade. I am The first is a Bureau of Prisons gun The bill would provide grants for happy that soon we will reauthorize it. locker bill. This is legislation that I State and local governments to pros- Under Project Safe Neighborhoods, have introduced with Senator ecute cold cases. These are older Federal, State, and local law enforce- MANCHIN. We call it the Lieutenant crimes that have languished but are re- ment cooperate and focus their en- Osvaldo Albarati Correctional Officer ignited through DNA evidence, includ- forcement efforts on organized crimi- Self-Protection Act. What it would do ing evidence obtained from backlogged nal networks and repeat offenders who is allow Federal prison guards to pro- rape kits. By making sure that newly are driving crime rates in a particular tect themselves on their commutes to tested evidence is used to investigate area. One of those regions is Northern and from work. and prosecute unsolved crimes, the Virginia, where a regional task force Why is this a problem? Because in Justice Served Act would ensure that composed of 13 local, State, and Fed- many cases, the prisons where the pris- vital criminals are brought to justice eral law enforcement agencies has on guards work do not have a secure instead of remaining free and on our made tremendous strides in eradi- place to secure firearms, so the guards streets. This will give crime victims cating gang violence perpetrated by cannot bring their firearms to work and their families closure and relief groups like MS–13. My colleague BAR- with them nor would they have them and deliver justice. BARA COMSTOCK’s district is in that re- to go home. They often are unarmed Once new DNA evidence is used and gion, and she has been the bill’s biggest going to and from work. the wrongdoers are prosecuted, the champion in the House. Sadly, the fact is, Federal prison crime victims will know that their Since its inception in 2001, Project guards can often be targets of crimi- attackers no longer remain at large. Safe Neighborhoods has been deployed nals when they are off duty. Let’s be The evidence can also help exonerate by both Democratic and Republican ad- honest here. Some of the prisoners those who have been wrongfully ac- ministrations to reduce violent crime. they are guarding get released and are cused or even convicted. According to a Michigan State Univer- still pretty bad guys. Especially this week, I am proud to Unfortunately, the Department of have the support of the Major County sity study funded by the Department of Justice in 2013, Project Safe Neighbor- Justice policy essentially makes it im- Sheriffs of America, the Fraternal possible for guards to protect them- Order of Police, the National Associa- hoods was associated with a 13.1-per- selves when they are going to and from tion of Police Organizations, the Major cent decrease in violent crimes in cit- work. Sadly, Lieutenant Albarati, of Cities Chiefs, and other law enforce- ies with high rates of program partici- Puerto Rico, paid for the price for this ment organizations. I am also grateful pation, including double-digit reduc- policy. In 2013, he was driving home to have the support of various organi- tions in total firearms, crimes, and from work. He was unarmed. He was zations that support sexual assault vic- homicides in every city examined by shot and killed. Three inmates from tims, as well as prosecutors’ groups. the study. Finally, I would just like to say that Our bill will reauthorize the program the prison where he worked had hired I appreciate my cosponsor, the senior through fiscal year 2021 in amounts the killer. Senator from Minnesota, who has consistent with current appropriations What our bill does is very simple. It helped this bill continue to move levels. Additionally, it will require par- requires the Federal Bureau of Prisons through the legislative process. ticipating entities to prioritize the in- to provide officers with an onsite stor- Another bill I would like to mention vestigation and prosecution of individ- age locker for their personal firearms as long as I can—seasonal allergies are uals with leadership roles in criminal so that when they get to work, they getting to me, like so many of us—is organizations, and it will strengthen can secure them in a safe place or the Project Safe Neighborhoods Au- innovation and prevention initiatives allow these prison guards to store their thorization Act of 2018. We hope to on the local level. personal firearms in a lockbox that is have it hotlined this week because, I yield the floor. in their cars. It is pretty simple. It is like the Justice Served Act, it is a high The PRESIDING OFFICER. The Sen- pretty straightforward. priority for law enforcement groups ator from Pennsylvania. Yesterday, the House voted on a com- across the country. Mr. TOOMEY. Mr. President, I rise panion bill, and it passed 378 to 0—378 Project Safe Neighborhoods is a na- today to talk about two related topics. to 0. Now is the opportunity for the tionwide partnership among State, The first is to recognize and honor the Senate to act. We should act quickly. Federal, local law enforcement, and men and women of law enforcement We should pass this. We should do it prosecutors that use data-driven, evi- across the Commonwealth of Pennsyl- through our hotline and get this done. dence-based, and trauma-informed vania and across our country. This I am sure the President will sign this practices to reduce violent crime. week is National Police Week, and it is into law, and we will be providing a When I was the attorney general of really an important opportunity for us tool to enhance the safety of the prison Texas, then-Governor George W. Bush to let the folks in law enforcement guards who protect our security. and I administered a program known as know how grateful we are to them for There is another piece of legislation, Texas Exile, in which we targeted fel- the service they provide and for the which is the Lifesaving Gear for Police ons who were carrying firearms as part sacrifices they make every single day Act. I have introduced this legislation. of their carrying out some crime. We to keep us safe. What this would do is allow local law targeted those violent offenders by It is also an important occasion to enforcement to continue obtaining the concentrating resources on the most remember those who made the ulti- surplus defensive Federal gear they important cases. This program in- mate sacrifice. This week, the names of need to protect themselves and the volved multiple law enforcement agen- 129 law enforcement officers killed in public. It is based on a simple prin- cies and allowed them to collaborate the line of duty in 2017 alone were ciple. The idea is that the police ought on a ‘‘Smart on Crime’’ approach, fo- added to the National Law Enforce- to at least have sufficient equipment. cusing efforts on high-level offenders ment Officers Memorial. Among the They should at least be as well- who were responsible for tearing com- fallen were two Pennsylvania officers: equipped as criminals and terrorists munities and families apart. Patrolman Brian Shaw of the New Ken- who attack them and are a threat to

VerDate Sep 11 2014 02:08 May 17, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.041 S16MYPT1 S2712 CONGRESSIONAL RECORD — SENATE May 16, 2018 all of us. We should make every effort ments by some of our colleagues, and there will be this contingency fund. we can to make sure that law enforce- even some industry stakeholders, boy, That raises a question: Is that a sen- ment officers have the chance to go it sure seems like there is a lot of con- sible number, $4.3 billion? home safely to their families at the end fusion. Well, let’s look at this. Since 2009, of their shifts. Let me state an unequivocal fact. there has been a total of $11.4 billion It was longstanding policy that sur- Since 2011, there have been rescissions made available in this very category, plus, leftover, military gear that was from CHIP every single year. This is this contingency fund. That is rep- defensive in nature, when it was not not new. It has happened every single resented by the blue circle on the wanted or in use by the military, would year since 2011. chart. How much has actually been be made available to law enforcement. Now, is that because Congress de- needed? The answer is $100 million— Unfortunately, in 2015, the Obama ad- cides during the course of each year one-tenth of $1 billion. Nine-tenths of 1 ministration severely restricted the that they don’t really like the CHIP percent of the amount of money that ability of State and local law enforce- program or they don’t like children or has been made available has actually ment to obtain this surplus, leftover, they don’t want kids to get health in- been used for this purpose, and $11.4 in-storage gear. surance? No, that is not why it hap- billion was authorized in the decades The restrictions by the Obama ad- pens. The reason it happens each and since this contingency fund was in- ministration were rationalized on the every year is because Congress system- vented. completely false narrative that the po- atically, intentionally, and willfully During that period of time, all 50 lice were a source of unrest and vio- authorizes far more money for the States and the District of Columbia, if lence, as opposed to the truth that we CHIP program than it is ever going to they ever needed it, would have been all know, that they are brave men and actually spend. able to access this. That 50, plus 1, over women who defend us against unrest We have a chart that illustrates this. the course of 9 years, is 460 opportuni- and violence. I think the American We can see the vertical columns. The ties for a State or the District to come people know better. They know that red bars show how much money Con- to the Federal Government and say: We the vast, overwhelming majority of gress has authorized in the years to the need some of that money from the con- people in law enforcement are good, left of the dotted line. Those are his- tingency fund—460 times. How many honest, decent, hard-working people torical years. To the right of the dot- times has it actually occurred over the who are motivated by their desire to do ted line is the projected future years. course of those 9 years? The answer is a good job and protect the public. So the red bars are how much money three, and the amount of money is less Fortunately, President Trump re- Congress has authorized for the CHIP than 1 percent of what has been author- versed the Obama administration’s program. The green line shows how ized: $108 million used out of $11 billion flawed policy of denying our local po- much of that money actually gets that has been authorized. lice forces this equipment. But that spent on the program. We can see that Well, next year, according to State only has the power of an Executive in each and every year the red bar is law, despite the fact that no State is order, and the safety of our law en- way above the green line. It has been even close to consuming the full forcement officers and the public going on back to 2009; it is every single amount of the main fund, we are going should not be subject to political year, and if we continue on our current to allow another $4.5 billion to be de- whims. A new administration will ar- path, that will continue to be the case posited in this account, when the sum rive at some point, and when they do, as far as we can see going into the fu- total of all the States’ usage for the they could reverse this unless we cod- ture. last 9 years was $100 million, one-tenth ify it in law. That is what our bill Now, take a particular year; for ex- of $1 billion. would do. It would ensure that State ample, this year, 2018. We expect the Look at it another way. If you look and local law enforcement can con- Federal Government is going to spend at all the CHIP-related accounts—all tinue to obtain this lifesaving Federal $16 billion on the program. Now, be- the Federal money that has been des- gear, regardless of who occupies the cause of the nature of the way this pro- ignated for this children’s health pro- Oval Office or Congress. gram works and certain features, it is gram since 2009—Congress has willfully So as we mark National Police Week, possible we will spend $16.1 billion. It is and systematically authorized so much we should never forget the courage our possible it will end up being $15.99 bil- in excess of what is needed that actu- law enforcement officers exhibit every lion, but we know $16 billion is enough ally only 58 percent of the money has day in keeping us safe. I would like to to provide the Federal share of funding gone to the CHIP program because that say to our country’s law enforcement for the children enrolled by their is all the demand there was for this officers, including the more than 25,000 States, but, as I say, we don’t know it program. in Pennsylvania, we thank you for your with precise precision right to the last So this, obviously, raises a question: service and your sacrifice. dollar. Why is it that year after year after f So knowing it is going to be about $16 year, including this year, Congress in- billion, how much money do we think tentionally authorizes so much more CHIP RESCISSION Congress authorized for this program funding than we are ever going to Mr. TOOMEY. Mr. President, the sec- that is going to cost $16 billion? The spend on this category, on this pro- ond topic I wish to touch on today is a answer is $25 billion. So $25 billion, gram, on the children’s health pro- subject that is apparently misunder- when we know for a fact—everybody, gram? I will tell my colleagues why. It stood, and it is certainly wildly including our Democratic colleagues, is a big budget gimmick. It creates a mischaracterized. It is the subject of knows we are not going to spend any- big opportunity for Congress to lie to rescissions. It has become a topic of thing close to that amount of money. the American people and spend more conversation since the President—the As I say, this overfunding is not unique money on other programs under the administration—has proposed a rescis- to 2018; it happens each and every year, guise of putting it toward the chil- sion. A rescission relates to our budget and it will continue well into the fu- dren’s health program. process. It is when money originally ture. How does this work? Every year, as I authorized by Congress to be spent on a Now, within that $25 billion, I should mentioned at the beginning of my com- program but actually is not spent— point out a subset. There is something ments, after knowingly authorizing that authorization is revoked, it is recalled the Child Enrollment Contin- way more money than is needed, Con- scinded, but it is with respect to money gency Fund. In 2018, $4.3 billion of the gress comes back and says: Oh, you that was never spent. $25 billion is designated for this Child know what, let’s do a rescission, but we Now, specifically, I want to discuss Enrollment Contingency Fund. The will take this money out of CHIP, and how this relates to the Children’s word ‘‘contingency’’ is there because it we will spend it on something else. It Health Insurance Program, which is is meant, theoretically, to be a back- could be spent on anything else, what- often referred to by the acronym stop in case the demand—the utiliza- ever the politically favorite cause is of CHIP—the CHIP program. So if you fol- tion—for this program is so great that the moment, but buried somewhere in low recent media reports and com- the allocated money isn’t enough, so a 1,000-page appropriations bill every

VerDate Sep 11 2014 02:08 May 17, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.042 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2713 year there has been a rescission, and from CHIP just earlier this year. De- The PRESIDING OFFICER. The Sen- the money has been shifted to some- spite that, now we have people up in ator from Rhode Island. thing else. Basically, it becomes a high dudgeon, wailing and gnashing of f slush fund to be used in the appropria- the teeth, about how what we are doing EPA ADMINISTRATOR PRUITT tions process and to allow the appro- would tear CHIP apart—even after priations to exceed the cap on spending what they did in March, by the way— Mr. WHITEHOUSE. Mr. President, I that we all agreed upon. that it is somehow a betrayal, im- am here today for my 206th ‘‘Time to So that is what happens. Congress moral, appalling; it hurts low- and mid- Wake Up’’ speech. willfully creates a number way above dle-class families. For colleagues who may be having a what we are going to spend, comes It would be too generous to suggest hard time keeping up with the ethical back a little later and says: Oh, my this is merely a lapse of memory. Ev- scandals swirling around Environ- goodness, look at all this leftover erybody knows what is going on. This mental Protection Agency Adminis- money. Well, let’s just take it and is ridiculous. trator Scott Pruitt, I thought today I spend it somewhere else. So I fully support the President’s would lay them out one by one. It is completely dishonest. It com- proposal that we fully fund CHIP but I think we all heard Donald Trump’s pletely misrepresents the CHIP pro- stop with the dishonesty in our budg- pledge to drain the swamp and to put gram. It completely misrepresents—in eting. Stop throwing a bunch of money an end to government corruption. That fact, it blatantly violates the spending under this category, knowing we are hasn’t exactly worked out; has it? In- caps we have established, and it is not going to go back later and spend it stead, swamp creatures abound, and Pruitt, a longtime enemy of the Agen- trivial. It is not a trivial amount of somewhere else. This program cy he now runs and a longtime toady of money. Over the last 8 years, the shouldn’t be pillaged this way to spend the fossil fuel industry he is supposed amount of these rescissions, so it can money on unrelated things that just to regulate, is absolutely wallowing in be spent elsewhere, has added up to 45 allow us to bust the budget cap. billion taxpayer dollars—entirely a I would go a step further. What the the swamp. Indeed, he is so swampy that he now faces more than a dozen gimmick, a device that just allows administration has proposed, to their Federal and State probes exploring how Congress to lie to the American people credit, fixes this terrible flaw this year. he has been advancing his own inter- about what they are spending. I would like us to permanently fix it. I ests and those of his polluter donors. So that brings us up to last week. have suggested to my colleagues, rath- The administration comes along and So let’s take a look. er than specifying a dollar amount, Investigation No. 1 is travel ex- says they have a suggestion for Con- since we don’t know the precise dollar penses. Between March and May of gress. First of all, let’s fully fund the amount, I would be OK with a provi- 2017—just that short period—Mr. Pruitt CHIP program. Let’s make sure the sion that says: such sums as will be spent 43 out of those 92 days traveling CHIP program is fully funded. There needed. That would guarantee it would to his home State of Oklahoma. Pruitt will be no shortage whatsoever, but be fully funded, but it would not create appears to have conducted little or no let’s stop the lying. Let’s remove the this big excess that gets wasted on who official business on many of these deception. Let’s provide a reasonable knows what. trips. Yet taxpayers still picked up the amount of excess funding, because I ac- If the only concern people have is to tab. knowledge at the beginning we don’t ensure that the CHIP program will be Last summer the EPA inspector gen- know right down to the last dollar ex- fully and properly funded, how can eral opened its inquiry into this use of actly how much we are going to spend, they object to that? It would specify, official resources. That inquiry has ac- but let’s take aside all of this wild ex- codified in language, that would be ex- tually since been expanded to examine cess. actly what would happen. It would be the overall frequency, cost, and extent Let’s be honest. Let’s rescind now fully funded, but we have gotten this of the Administrator’s travel. Over a 6- most of the excess funding, which has resistance to that. How could that pos- month period in 2017, Pruitt is esti- been going on each and every year sep- sibly be? Unless it is that people want mated to have racked up nearly $200,000 arately; let’s leave more than enough to continue this gimmickry, this de- in travel expenses. This includes a in the contingency fund. Even though ception that has been going on for all $7,000 business-class flight to Italy and it is extremely unlikely that any of it of these years. $58,000 spent on military and charter will be tapped, the administration has Well, I hope we will be able to work flights. One set of flights to Oklahoma proposed $500 million to be left in the out a long-term solution. I hope we will on a chartered private jet cost over contingency fund. Remember, that is bring an end to this. I understand my $14,000 alone. the fund that has been used to the tune colleagues on the other side want to Also under scrutiny is a 4-day trip of $108 million over the last 9 years, spend more money. Let’s just admit that Mr. Pruitt, his staff, and his secu- but they are saying let’s leave $500 mil- it—admit it, and let’s debate it. We rity detail took to Morocco in Decem- lion—five times as much as has been have agreed-upon spending caps. I ber. I hear it is lovely in Morocco in spent cumulatively over the last 9 think they are too high, but that is December, but it cost taxpayers more years—and basically send all of this what we agreed upon. We shouldn’t be than $100,000 to indulge Mr. Pruitt. huge, excessive amount back to the lying to the American people and going EPA first justified the trip by saying Treasury so it is not just spent willy- through this gimmick yet again. that Pruitt was there to promote the nilly and irresponsibly. So I want to state my unequivocal U.S. liquefied natural gas industry. Now, for some reason, despite the support for the administration’s pro- That is actually not in EPA’s mis- fact that not a single dollar that would posal for a rescission package. I would sion—but never mind. Pruitt himself have actually been spent on the CHIP prefer if there were actual spending then testified before the House that he program will be spent differently, will being cut. This is indirectly going to was there to negotiate part of a free- not be spent; despite the fact that the help reduce excessive spending because trade agreement. Again, that is not CHIP program will not lose a single it is going after these unobligated part of EPA’s mission. Plus, there is no dollar of actual funding; despite the funds, it is going after these excessive evidence that Pruitt even conferred fact that Congress has been doing this accounts. It happens in other accounts, with our Trade Representative. You every single year since 2011, as long as but CHIP is the most noteworthy. To would think that he might have picked it can spend it on something else; de- me, this is a modest step in the direc- up the phone to give himself just a lit- spite the fact that 65 Senators, includ- tion of honest budgeting and pro- tle bit of cover if that was going to be ing 40 of my Democratic colleagues, tecting the taxpayers. his story. It was eventually reported voted to rescind $6.8 billion from I hope we will be able to have a per- that Pruitt’s Morocco junket was CHIP—how long ago? In March of this manent solution to this soon, but in largely arranged by a lobbyist friend year, a few weeks ago, including $3.1 the meantime, I hope my colleagues who later was paid $40,000 a month— billion from the contingency fund. So will support the administration’s re- $40,000 a month—retroactively to Janu- the vast majority of my Democratic scission package. ary 1, to represent the Moroccan Gov- colleagues voted to rescind money I yield the floor. ernment.

VerDate Sep 11 2014 02:08 May 17, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.044 S16MYPT1 S2714 CONGRESSIONAL RECORD — SENATE May 16, 2018 Pruitt’s frequent international travel cause the inspector general told him EPA’s science advisory committees to- plans are heavily influenced by lobby- that round-the-clock security was jus- ward his industry donors, replacing ists and rightwing donors. His trip to tified. The inspector general, in fact, academic scientists with industry-tied Rome appears to have been largely or- never told him that. It is not the in- representatives. The GAO is examining chestrated by the head of the Fed- spector general’s job. It looks like Ad- the role that Pruitt’s political ap- eralist Society, and it included dinner ministrator Pruitt misled two House pointees played in selecting industry- at a five-star hotel with Cardinal committees when he testified. connected members to replace expert George Pell, who has been under inves- Let’s move on to investigation No. 5, scientists on science advisory boards. tigation for multiple allegations of which involves an inspector general in- Investigation No. 12 is unfolding back child sexual assault. The cardinal is a quiry into a possible violation of anti- home in Oklahoma. The Oklahoma Bar climate denier. So maybe that makes lobbying rules. Once you are on the Association is looking into charges it all OK for Pruitt. Federal payroll exerting the respon- that Pruitt lied when he told our Sen- A planned trip to Australia was orga- sibilities of government, you are not ate Environment and Public Works nized by a consultant and former lob- supposed to engage in lobbying. During Committee during his confirmation byist for foreign governments. Another an April 2017 meeting with the Na- hearing last year that he had not con- planned trip to Israel appears to have tional Mining Association, Pruitt en- ducted business using private email ad- been at least in part scheduled to allow couraged the group to press President dresses as Oklahoma’s attorney gen- him to promote a water purification Trump to withdraw from the Paris cli- eral. Well, it turns out that it looks company recommended by Republican mate accord. The GAO is also looking like he did. Just last night, news broke megadonor Sheldon Adelson. Reports into improper lobbying activity after that the EPA inspector general is in- say Pruitt actually gave his staff a he appeared in a lobbying organiza- vestigating Pruitt’s use of private bucket list of places he wanted to visit tion’s promotional video, opposing, by email accounts, including questions of at public expense, and he told them to the way, the clean water rule. That whether the Agency is properly pre- arrange pretexts for his travels. GAO investigation is investigation No. serving records of the Administrator’s A lot of the cost of these trips is Pru- 6. private emails and including those itt’s security detail. That takes us in Investigation No. 7 concerns an in- records in responses to Freedom of In- to investigation Nos. 2, 3, and 4, which spector general probe into Pruitt’s use formation Act searches. stem from Administrator Pruitt’s over- of an obscure provision of the Safe That makes the 13th investigation. the-top spending on security measures. Drinking Water Act to circumvent the So there you have it—a baker’s dozen The Environmental Protection Agen- usual civil service process to hire and so far of investigations into Pruitt’s cy’s inspector general and the House promote staff. Pruitt used this loop- conduct as EPA Administrator. Those oversight committee are both inves- hole to hire lobbyists to oversee EPA are just the allegations that have tigating this spending, including al- functions and to award huge raises to a ramped up to the level of an official in- most $3 million that Pruitt has spent couple of favorite political aides from vestigation. There are scores of other on his 24-hours-a-day, 7-days-a-week, his Oklahoma days. He did this even scandals roiling the EPA. All you have 20-person security detail. This security after the White House had rejected to do is pick up a newspaper, and you phalanx accompanies him every- those proposed pay increases. will be bombarded by stories of Pruitt’s where—on personal travel home to One of Pruitt’s closest aides may not truly swampy behavior. There are Oklahoma and on family trips to the have even shown up to work for 3 thousands of pages of communications Rose Bowl and Disneyland. Pruitt’s se- months. Imagine that—not showing up between Scott Pruitt and industry curity detachment is more than three to work for 3 months despite drawing a when he was attorney general of Okla- times as large as previous EPA Admin- nearly $180,000 salary. That is great homa that the current attorney gen- istrators, none of whom had 24/7 pro- work, if you can get it. Incredibly—and eral of Oklahoma is fighting to prevent tection. Many of the agents assigned to I mean that literally—Pruitt testified the public from seeing. There are mil- Pruitt’s security team are pulled from to the House that he didn’t know lions of dollars of political fundraising EPA’s enforcement arm, leaving fewer whether this senior aide was coming to by Scott Pruitt from the fossil fuel in- agents to actually investigate environ- work on not. You would think that dustry that he has never told us about. mental crimes. But they do help him to after 3 months of not seeing this indi- If he has withheld disclosures that bear get to fancy Washington restaurants vidual at work, you might have a clue. on his conflicts of interest, new inves- fast, using lights and sirens to expedite Well, the EPA inspector general can tigations could result. Pruitt’s travel to his dinner dates. help the Administrator answer that While Scott Pruitt dodges full disclo- Pruitt has also fortified his office. He question in the eighth investigation on sure of all his swampy industry ties, he installed a $43,000 cone-of-silence, the list. has let lobbyists and fossil fuel and supersecret phone booth. He had bio- Now, every good swamp creature chemical industry operatives infiltrate metric locks installed on his office needs a swamp den, and Scott Pruitt throughout the EPA. The Associated doors and had his office swept for found himself just the place, paying $50 Press found that ‘‘nearly half of the po- bugs—a no-bid job, by the way, that a night for a luxury Capitol Hill condo litical appointees hired at the Environ- went to a business partner of the guy co-owned by the wife of an energy lob- mental Protection Agency under who was then his top security agent. byist. Both the EPA’s inspector gen- Trump have strong industry ties.’’ Pru- The Agency even explored spending eral and the House oversight com- itt rolled back an Obama rule control- $70,000 on a bulletproof desk for him. mittee are investigating whether this ling methane leaks after he met with All he is missing is the secret decoder below-market value housing arrange- oil executives at the Trump hotel in ring. ment constituted an illicit gift. If you Washington. Pruitt halted environ- The evidence that Pruitt cites to jus- have lost track, these are investiga- mental protections for an area in tify all of this security spending, in- tions Nos. 9 and 10. southwest Alaska just hours after cluding business-class and first-class By the way, when the story broke meeting with the mining executives plane tickets he claimed were required about his swamp den, Pruitt denied looking to dig a mine there. Pruitt’s by security concerns, is remarkably that this lobbyist lobbied EPA. Well, it EPA protected an emissions rule loop- thin. When he testified last month be- turns out that Federal lobbying disclo- hole for a trucking company shortly fore House appropriators, Pruitt sures and internal emails show that after Pruitt met with the company’s claimed that it was all justified by the this lobbyist did in fact lobby EPA, executives. It is government by ‘‘I Agency’s inspector general. Well, on even meeting with Pruitt himself on know a guy,’’ with Pruitt as the pol- Monday, Senator CARPER and I heard behalf of an industry client and also luters’ guy. directly from the inspector general, pushing Pruitt to name people favored It is impossible not to notice the and the story is not as Pruitt testified. by his client to EPA science advisory odor of self-dealing and corruption Pruitt wanted 24/7 security starting boards. emanating from the Scott Pruitt EPA. on his first day as Administrator—not That brings us to investigation No. When I talk about Pruitt with Rhode as a result of any threats and not be- 11. Pruitt has systemically tilted Islanders, they almost always ask me

VerDate Sep 11 2014 02:08 May 17, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.045 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2715 the same questions: How does he still There are over 438,000 children in fos- Of course, there is still work to be have a job? Why hasn’t the President ter care nationwide. In Iowa alone, done. Far too many children still expe- fired this guy? over 4,000 kids entered foster care in rience the trauma of neglect and abuse, One answer goes back to the Presi- 2016. Due to the opioid crisis, there are and far too many youth in foster care dent himself. When Pruitt’s scandals more children entering foster care than age out without meaningful connection started to snowball last month, oil and many child welfare agencies are to a caring adult. gas magnate Harold Hamm, a billion- equipped to handle. In 2016, over 92,000 Moving forward, Congress must con- aire patron of Scott Pruitt’s, lobbied kids entered foster care due to parental tinue to listen to the voices of foster President Trump to keep him on. drug abuse. youth, foster parents, and other advo- Twenty-two polluter front groups, led I salute all of those who dedicate cates by working to find better solu- by the infamous Heartland Institute, their time and their resources to help- tions and secure better outcomes for so-called, wrote a letter to President ing these young people. This induces youth in foster care. Trump lauding Pruitt’s what they call social workers, advocates, and alumni f ‘‘positive record of reform unmatched of the foster care system, who inform JUDICIARY COMMITTEE by any of Pruitt’s predecessors.’’ Who lawmakers and the public and, more TRANSCRIPT RELEASE is behind those 22 polluter front importantly, who fight to secure better groups? Guess what. It is those climate outcomes for these young people in Mr. GRASSLEY. Mr. President, I denial champions, the Koch brothers, care. Of course, this also includes fos- want to address an issue that was to the tune of at least $87 million in ter parents, who open their homes and brought up by the minority leader on funding. their hearts to children in need. the floor this morning. I want to re- The test in Trumptown is whether Without foster parents, children un- spond to the false statements made by Harold Hamm and Charles and David able to remain with their biological the very misinformed minority leader Koch are happy. And they are. Pol- parents would have nowhere to go. Un- this morning—and I mean really mis- luters are free to pollute for free, and fortunately, this is becoming a reality informed. climate change gets scrubbed out of of- for children across the country, as He criticized the Judiciary Commit- ficial communications. Big-spending many States are experiencing a critical tee’s release this morning of about polluters are happy, happy, happy, and shortage of foster parents. In my home 2,500 pages of information about the in- that is why Scott Pruitt remains as State of Iowa, many counties are fac- famous Trump Tower meeting with a EPA Administrator in the Trump ing a shortage of foster care homes, Russian lawyer and Donald Trump, Jr. swamp. causing young people to be housed in First, he mischaracterized the re- It doesn’t have to be this way. The shelters instead of with families. lease as solely a Republican move. words of Woodrow Wilson are still true The solution is not simply recruiting That is false. In fact, that is absolutely today about legislative oversight. He more people to serve as foster parents. false. This release was done with the said: Between 30 and 50 percent of licensed support of the ranking minority mem- It is the proper duty of a representative foster parents choose to stop being fos- ber. On January 25 of this year, at the body to look diligently into every affair of ter parents after only 1 year of doing committee meeting where I announced government and to talk much about what it that. That is why this year our resolu- my desire to release the transcripts, sees. It is meant to be the eyes and the voice, tion also designates the single day of the ranking member publicly sup- and to embody the wisdom and will of its May 31 as ‘‘Foster Parent Appreciation ported the decision. I have three constituents. Day.’’ It is my hope that communities, quotes. She said, ‘‘I am delighted.’’ She Our constituents—my constituents, child welfare agencies, and other orga- said she had ‘‘no disagreement.’’ She anyway—are not just the big polluters nizations will use this day to recognize said, ‘‘I am very grateful for your deci- like Harold Hamm and the Koch broth- the sacrifices foster parents make. sion to proceed.’’ ers. The polluters may have billions to Those who do not choose to continue Second, he accused me of deciding spend in politics, which they do, but being foster parents often report that not to interview two participants in they have very different interests than their reason is a lack of support and the meeting. That is false. In fact, it is the millions of regular Americans who training. At a time when foster parents absolutely false. I would like to have look to EPA to protect the air we are needed more than ever, it is impor- interviewed both Mr. Manafort and Mr. breathe, the water we drink, and the tant for communities and child welfare Kushner. An interview of Mr. Manafort climate we must inhabit. Where are the agencies to support foster parents and was scheduled a day before he was raid- eyes and the voice in the present ma- ensure that they are trained to help ed. We—meaning Senator FEINSTEIN jority for these millions of Americans? the kids entrusted to them. and this Senator—had subpoenaed Mr. Our silence in the face of this flagrant Through my work on the Senate Cau- Manafort for a committee hearing set corruption is deafening. cus on Foster Youth, I have had the op- for July 26, 2017. Mr. Manafort instead I yield the floor. portunity to hear firsthand what chil- offered to appear voluntarily for a staff I suggest the absence of a quorum. dren in foster care need. I would advise interview the day before the hearing, The PRESIDING OFFICER (Mr. LEE). Senators to take advantage of listening and the ranking member asked me to The clerk will call the roll. to that group of people we call foster withdraw the subpoena. Then the FBI The legislative clerk proceeded to youth. They need love, they need per- raided his home, and Mr. Manafort in- call the roll. manency, and they need stability and dicated he would invoke his Fifth Mr. GRASSLEY. Mr. President, I ask support. Amendment rights and then con- unanimous consent that the order for In short, all they need is a family. sequently declined to answer the com- the quorum call be rescinded. They often express to me: ‘‘I would like mittee’s questions. However, we did re- The PRESIDING OFFICER. Without to have a mom and a dad.’’ That is why view the transcript of his earlier inter- objection, it is so ordered. I am pleased that Congress recently view with the Intelligence Committee. f passed the Family First Prevention The ranking member refused to par- Services Act. This legislation works to ticipate in a voluntary interview when NATIONAL FOSTER CARE MONTH keep more families together by allow- we had the chance. She said Democrats Mr. GRASSLEY. Mr. President, the ing Federal reimbursement for services on the committee objected that the Senate will soon be taking up my reso- to families before children are put in scope would be focused on the Trump lution recognizing this month of May foster care, not afterward. These serv- Tower meeting. For all I know, the mi- as National Foster Care Month. ices include substance abuse treatment nority leader’s office objected as well, For over 20 years, National Foster and in-home parenting skill programs. but political leadership should not be Care Month has been recognized as a When it is truly in a child’s best inter- dictating bipartisan committee overtime to raise awareness about the chal- est to be removed from their parents, sight. lenges that young people in foster care this bill ensures that more kids will be As for Mr. Kushner, he refused to par- experience and to celebrate their resil- placed with supportive families instead ticipate in a voluntary interview after ience in the face of these obstacles. of in group homes. the ranking member unilaterally and

VerDate Sep 11 2014 02:08 May 17, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.047 S16MYPT1 S2716 CONGRESSIONAL RECORD — SENATE May 16, 2018 prematurely released another witness frenzy. It is nothing but pure political do not always get the recognition or transcript. There was no consultation frustration for losing the Presidential the honor they deserve, and those are with me at all by the minority on that election in 2016. It also fundamentally our Federal and Tribal peace officers. point. That is the opposite of how this misunderstands the role of congres- They protect our homeland, they pro- Senator handled this morning’s tran- sional oversight and congressional in- tect our borders and, in the case of script release. vestigations. We don’t prosecute Tribal police, they provide safety and Mr. Kushner’s attorney demanded crimes. We can’t indict suspected security in Indian Country in some of promises of confidentiality that we criminals. Our job is to act as a check the most remote and difficult places in could not provide. Transparency is too on the executive branch. the Nation. important to keep all this information Do you know who has not come to sit This year, eight Federal law enforce- under wraps. We could keep it all se- for long, transcribed interviews before ment officers’ names were again etched cret for many more months while we the Judiciary Committee staff? Well, in the wall: Rickey O’Donald, Federal fight over trying to force people to tes- the answer to that is current or former Bureau of Investigation; Isaac Morales, tify against their will. But we decided Department of Justice and FBI offi- U.S. Customs and Border Protection; to put out the voluntary testimony cials—not a single one. Our job is to Rogelio Martinez, U.S. Customs and now for the sake of transparency, and oversee the Justice Department and to Border Protection; David John Hoefler, the ranking member, as I said two or oversee the FBI, but Judiciary Com- U.S. Department of Transportation; three times, supported that decision. mittee Democrats have not been sup- Kenneth Doyle, U.S. Marshals Service; Third, the minority leader claimed portive or interested in questioning Houston James Largo, Navajo Nation; that the release of this information those officials. Uga’Shon Curtis Wayne Blackbird, was motivated by the Republicans’ de- The minority leader seems to believe Omaha Nation; and Nathan Bradford sire to ‘‘let the President and his law- that it is our job to waste taxpayers’ Graves, Sac and Fox Nation. yers interfere with the Mueller probe dollars retreading the special counsel’s To these Federal and Tribal officers and get a peek at any potential evi- investigation or duplicating the Intel- whom we lost last year in the line of dence.’’ That is false. In fact, it is abso- ligence Committee’s work so he can duty, may God bless you and may God lutely false. bludgeon his political opponents. Well, bless your families. Again, the Democrats on the com- that is not my job. I am going to focus The men and women who serve as mittee did not object to the release, on our constitutional duty to act as a peace officers in our Tribal, Federal, and the ranking member affirmatively check on the executive branch. I am State, and local law enforcement agen- supported it. She and her staff were going to keep digging and keep fight- cies selflessly put the lives of those fully consulted and worked coopera- ing for answers from the Justice De- they have taken an oath to protect and tively with us in preparing the release. partment and from the FBI. serve before their own lives. I am here So the claim that there was some se- We will be having a hearing on the not only to remember those peace offi- cret plan to help one side or the other controversies in 2016 that undermined cers whom we have lost but to thank in the Mueller probe is absurd. My only Americans’ faith in the objectivity of each and every peace officer who puts motivation was the same as that of the these vital institutions. I have great on that uniform or badge every day to ranking member—transparency for the faith in the inspector general ap- protect our communities. American people on this controversy. pointed by President Obama and the I wish to recognize briefly a few law Let the people read it for themselves nonpartisan office he leads. As soon as enforcement officers I have come to and draw their own conclusions. the inspector general’s report is out, know well during my time in the Sen- Fourth, the minority leader claimed we will learn a lot more about what ate: the southwest border sheriffs—in that ‘‘Republicans are rushing to de- happened before and during the elec- particular, Cochise County, AZ, sheriff clare their investigation complete.’’ tion from an independent and objective Mark Dannels and Yuma County sher- That is false. In fact, it is absolutely source, and we will follow up. iff Leon Wilmot—and Macon County, false. The minority leader should not The minority leader was right about IL, sheriff Howard Buffet. They are not try to put words in my mouth. I didn’t one thing—when he said: ‘‘There is only outstanding law enforcement offi- say that. Anyone who knows me knows much left to investigate. Many wit- cials, but they have become great that oversight is never done and should nesses still to be heard.’’ I agree. This friends, great mentors, and a great never be done. It is our core constitu- is not over. source of advice and consent on how we tional duty. I suggest the absence of a quorum. can work better here in Washington, Now as to the Trump Tower meeting, The PRESIDING OFFICER. The DC, not only on the border but across Congress has learned as much as we are clerk will call the roll. agencies in law enforcement. likely to learn, unless some new infor- The legislative clerk proceeded to As a former North Dakota attorney mation comes to light. That might call the roll. general, I have always had a special re- happen. We have to be ready for it if it Ms. HEITKAMP. Mr. President, I ask lationship and appreciation for law en- does. Other committees, the press, and unanimous consent that the order for forcement. Serving as the top law en- the special counsel are all over this as the quorum call be rescinded. forcement officer in my State will al- well. So there is no lack of scrutiny. The PRESIDING OFFICER (Mr. ways be one of the most meaningful But there is a lack of transparency, TILLIS). Without objection, it is so or- moments of my professional career. and these 2,500 pages or so do more to dered. North Dakota has the finest collection give the public a picture of what hap- f of peace officers in the country, and I pened than anyone else has done. could not be more proud than to con- I would just ask my friend the minor- NATIONAL POLICE WEEK tinue to work alongside them as their ity leader: What have you done to an- Ms. HEITKAMP. Mr. President, I U.S. Senator. swer the questions our constituents come to the floor this afternoon to I am here to thank each and every may have had about the Trump Tower honor the incredible men and women of one of the peace officers who selflessly meeting? What good-faith efforts have our Nation’s law enforcement agencies serve in communities throughout you undertaken to give the American and to recognize the ultimate sacrifice North Dakota and to let you know that people transparency about the inves- of one of North Dakota’s peace officers. I just don’t appreciate you during po- tigation relating not just to the Trump Each year, peace officers from all over lice week. I appreciate you 24/7 because Presidency but Presidential contenders the country and from countries all over I know you are protecting the people of in 2016? Have you done anything to sup- the world come to Washington, DC, to my great State, and you are doing it at port or assist Republicans in getting to celebrate and to honor the lives of great risk to you and at great sacrifice the bottom of questions that concern their colleagues who have lost their to your families. them and their constituents back lives in the line of duty. So today I come with a heavy heart. home? The answer is, nothing. In fact, I want first to recognize several law This is now the second police week in a the answer is, absolutely nothing—ab- enforcement officers that lost their row that I have attended where I am solutely nothing but speculation and lives in the line of duty last year who memorializing a North Dakota peace

VerDate Sep 11 2014 02:08 May 17, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.050 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2717 officer. Today, I am speaking of a so much, and no words today will re- First of all, she has been very highly North Dakota peace officer who was place the pain of losing a loved one. decorated in her 30-plus year career at killed in the line of duty—Rolette We have a proud history in North Da- the Central Intelligence Agency. Her County deputy Colt Allery. He lost his kota of peace officers like Colt serving honors include the Intelligence Medal life on January 18, 2017, during a high- their State and local communities with of Merit, a Presidential Rank Award, speed chase that Colt was engaged in distinction. I have had the extreme the Donovan Award, which is one of the with several of his fellow officers that privilege over the years to work with highest awards in the CIA, and the evening after a report and identifica- law enforcement officials in my State George H.W. Bush Award for Excel- tion of a stolen vehicle. As the stolen who span the spectrum from highway lence in Counterterrorism. She is vehicle was coming to a forced stop, patrol to State and local peace officers, thoughtful. She is honest. shots were fired from the car and fired various Federal officers, and certainly In many ways, she has overcome nu- at Colt as he approached. Colt fell, and our Tribal police. Let me tell you again merous obstacles. Let me talk a little he never got back up that evening, suc- that these are some of the finest men bit about her bio. She is one of five cumbing to his injuries not far from and women I have ever met or worked children. Her father served in the Air the small community where he grew with. These are men and women just Force, having joined at the age of 17. up. like Colt who could have chosen a dif- She grew up on military bases, like He leaves behind five beautiful young ferent path. They could have chosen a tens of thousands of Americans. Her children, including a stepdaughter, his path that didn’t involve putting them- original goal in life was to be a soldier. fiancee Alexandria, the grandparents selves in harm’s way. Instead they She told her dad she wanted to go to who raised him, family, friends, and a chose to take the oath to protect and West Point. At the time, her father had community that misses him and still serve. They chose to selflessly put to break the news to her that West grieves at the loss. themselves in harm’s way so they Point was not admitting women. I Growing up in St. John, ND, and as could make North Dakota a safer place think West Point lost out on that one. an enrolled member of the Turtle for each and every person that lives in She ended up as a contractor for the Mountain Band of Chippewa Indians, our great State or even those who may military 10th Special Forces Group. Colt never strayed too far from home. be passing through. They chose to put Later, she realized that if she couldn’t He made a commitment to do more the needs of others before their own. join the military, she was going to join than just be part of his community. He They chose a more difficult path to the CIA, and that is what she did. decided to serve his community as a tread than most of us would ever be She has done an outstanding job at peace officer. willing to follow. the CIA. She began working at the CIA Colt started out as a corrections offi- So I stand here this evening not only in 1985 during the closing days of the cer for Rolette County. After grad- to celebrate the life of Colt Allery but Cold War. She was stationed literally uating from the North Dakota Law En- to celebrate and thank each and every all over the world—in Africa, for exam- forcement Training Academy, he start- peace officer working in my great ple. She recruited and handled agents ed working as an officer with the Rolla State of North Dakota, working across and survived a coup d’etat. She worked Police Department. He then went to the country, and, yes, across the world. with government partners during the work serving his fellow Tribal mem- To all of our peace officers, espe- first gulf war. She ran different CIA bers as a Tribal police officer on Turtle cially those back home in North Da- stations around the world. Mountain before he recently moved kota, I want to say thank you from the She started with the Counterterror- back to the Rolette County Sheriff’s bottom of my heart for your sacrifice ism Center at the CIA on September 11, Office. for your communities and the State of 2001, and essentially has spent her life The loss of this fine young peace offi- North Dakota. I beg you to stay safe. I since that time focusing on keeping cer and young dad was felt across the beg you to take care of yourselves. our country safe. She became the Chief entire State of North Dakota. The im- Take care of your families. And God of Staff to the Deputy Director of Oper- pacts are still felt by his family, the bless all of you. ations and the Deputy Director for the Rolette County Sheriff’s Office, and his Thank you, Mr. President. National Clandestine Service. She is Tribal community of Turtle Mountain. I yield the floor. now the Deputy Director of the entire Colt made the ultimate sacrifice in I suggest the absence of a quorum. CIA—the first woman to rise from the service to his State and to Rolette The PRESIDING OFFICER. The ranks as an initial member of the County. He lost his life to a gunshot clerk will call the roll. Agency to that title. And if confirmed, wound inflicted by an individual pre- The bill clerk proceeded to call the as I mentioned, she will be the first ca- pared to take even more lives. The roll. reer CIA official and female to lead the brave action of this peace officer that Mr. SULLIVAN. Mr. President, I ask Agency. That is really historic, but night prevented that from happening. unanimous consent that the order for again, more important than history Deputy Colt Allery’s name is now the quorum call be rescinded. and more important than these labels etched on the wall of the peace officers The PRESIDING OFFICER. Without is that she is very qualified. memorial here in Washington, DC. He objection, it is so ordered. One thing that has been remarkable is no longer just a North Dakota fallen f throughout this entire debate about hero. He is a national fallen hero, as he her—and there has been a lot of debate is recognized with all of his fallen NOMINATION OF GINA HASPEL in the Intelligence Committee—is the brothers and officers. Mr. SULLIVAN. Mr. President, I just members of the military, members of Colt Allery’s name will now serve as had a very productive and informative the national security establishment, an example, not just to North Dako- meeting with the nominee to be the both Democrats and Republicans, and tans but to people from all over the next CIA Director, Ms. Gina Haspel. I members of the Intel Committee who country and all over the world who wanted to come down to the floor and have come out and said: We support visit that memorial every year. He is say a few words. I was very impressed. Gina Haspel. The list is extremely im- an example of the best that our State I am going to certainly support her pressive. Let me give a couple exam- and our country has to offer. He is an when she is voted on, I believe as early ples: John Brennan, former Obama ad- example of what it means to have lived as tomorrow. ministration CIA Director; James Clap- and died so that others may be safe. There has been a lot of discussion per, former Obama administration Di- Quite simply, he is an example for ev- about her background. She is the first rector of National Intelligence; Sen- eryone of what it means to be an every- woman to lead the CIA, first career ator Saxby Chambliss, former Senate day hero. member of the CIA. That is all impor- Intelligence Committee vice chair; We must also remember the families tant, but I think what is most impor- Representative Porter Goss, former of our peace officers, who sacrifice so tant is that the American people and CIA Director and House Intelligence much, not knowing if their loved ones this body know that she is very well Committee chairman; Gen. Michael will return each time they walk out qualified. She is a very impressive per- Hayden, former Bush administration the door. You have sacrificed and lost son. CIA Director; Senator Bob Kerrey,

VerDate Sep 11 2014 02:08 May 17, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.051 S16MYPT1 S2718 CONGRESSIONAL RECORD — SENATE May 16, 2018 Democratic Senator from Nebraska, forget how scared we were. Very few sion, Resistance, and Escape’’ schools. who was on the Senate Intelligence people predicted that we weren’t going That is where the techniques were de- Committee and was the vice chairman; to get hit again. As a matter of fact, veloped. Henry Kissinger, former Secretary of everybody thought we would get hit There was another reason why people State; Mike McConnell, former Obama again, maybe with a weapon of mass at the time thought that this could be administration Director of National In- destruction. legal, because these interrogation tech- telligence; ADM William McRaven, During the course of this time, the niques and training are actually used former commander of USSOCOM; Mi- CIA started a program—when they on our own military. For years, mem- chael Morell, former Obama adminis- started capturing terrorists who they bers of the military had been going to tration Acting and Deputy CIA Direc- thought had information—called en- SERE school, and they underwent tor; Michael Mukasey, former Bush ad- hanced interrogation techniques. these interrogations. They underwent ministration Attorney General; Leon There was a lot of worry about get- waterboarding. It was our own citizens. Panetta, former Obama administration ting hit again. I won’t go through all As a recon marine, I went to SERE CIA Director and Secretary of Defense; the examples, but there are members of school, and these techniques were ap- MIKE ROGERS, Republican Congressman the Intel Committee in the Senate and plied to me, including waterboarding. and former House Intel Committee members of the Intel Committee in the The CIA was told: Make sure this chairman; George Shultz, an incredible House who were briefed on exactly doesn’t happen. The Members of Con- statesman and former Secretary of what the CIA was doing—exactly what gress were briefed. Intel committee State under President Reagan; and they were doing with these enhanced members, like Senator Rockefeller, George Tenet, former Clinton and Bush interrogation techniques. And that is were saying: Do more. The Justice De- administrations CIA Director. where the amnesia comes in, because partment comes out and says: This is That is impressive. That is an im- we have seen some Members of this all legal. Go do it. Make sure we are pressive list. That is the who’s who— body say: That was horrible. Yet they not attacked again. Oh, by the way, Democrat and Republican—of who has were briefed. As a matter of fact, there you are using techniques that we use been in charge of our intelligence serv- are reports that many Members of Con- on our marines and soldiers. ices over the last two to three decades, gress said: Do more; find out who did And that is what they did. and they are all supporting Ms. Haspel. this. That was the order that the CIA Gina Haspel was not high up. She had She is qualified. She has the support of and the members of our clandestine nothing to do with this. She was a GS– everybody. services were given. 15 when this was going on. Yet my col- I want to briefly talk about essen- There are numerous quotes from that leagues who are looking for reasons to tially where the nomination has been time. Let me give one from former vote against her are using this as an focused. In Washington, a lot of times Senator John D. Rockefeller, West Vir- episode, saying: Well, because she was you can have an issue that comes up, ginia, who was the ranking member on involved at a low level, we are going to and everybody focuses on it, and you the Senate Intel Committee. In 2003, on vote against her. miss the broader picture. The broader CNN’s ‘‘Late Edition,’’ he was talking Think about that. Members of the picture is that she is very well quali- about how we had captured Khalid clandestine service were going out and fied and has the confidence, literally, Shaikh Mohammed—KSM, as he was risking their lives, being told to do of every senior official in the intel- known—who was known to be the mas- something by the government, being ligence agencies she has served under, termind of 9/11. It was very clear that told it was legal to do something by but the focus has been in many ways at least Senator Rockefeller was say- the government, being encouraged by consumed by her role, which was a very ing: Make sure that we get as much Members of this body and the House to low-level role, in what became known info as we can from this guy. go do it, and now that one of them has as the enhanced interrogation program Here is what he said: risen through the ranks, with a stellar career, we are going to have Members that the CIA enacted after 9/11. Happily, we don’t know where [KSM] is. It is hard not to say that in the dis- come to the floor and say: No, we are Meaning he was offsite, not in the cussion of this, seeing what some of my going to consider her not qualified be- country. colleagues have said and what some cause she was a GS–15 and didn’t design former Members of the Senate and He’s in safekeeping under American pro- the program during this very, very dif- House have said, there seems to be a tection. He’ll be grilled by us. I’m sure we’ll ficult and challenging time in Amer- be proper with him, but I’m sure we’ll be ican history. If you don’t think that lot of amnesia going on here. very, very tough with him. I think it is important to take us There are presidential memorandums that breeds cynicism or if you don’t think back to the day that Ms. Haspel start- prescribe and allow certain measures to be that breeds distrust between the Con- ed at the CIA’s Counterterrorism Cen- taken, but we have to be careful. On the gress and the intelligence service, well, ter, as I mentioned, on September 11, other hand, he does have the information. it does. It does. 2001. For those of us who remember, it Getting that information will save American I even had a friend of mine, and I got was a very frightening time in our lives. We have no business not getting that recalled to Active Duty for a year and country. Almost 3,000 Americans were information. a half at the end of 2004. We were staff murdered and almost 8,000 were wound- This is a year and a half after 9/11, officers to the CENTCOM commander. ed. and this is the vice chairman of the So we were in the Middle East most of I wasn’t here then, but in Wash- Intel Committee saying: Get it. Press that time. He was an agency represent- ington, DC, whether it was from the it. ative, and he actually predicted this President or Members of Congress, The CIA used these techniques, but was going to happen to me a long time there was one demand for the CIA: here is the important thing. At the ago. I don’t think it is appropriate for Find out who did this. Find out who time they were told to go do this, it my colleagues on the other side of the was responsible, and make sure they was reviewed by the Justice Depart- aisle to somehow use this against Ms. don’t do it again. Find out who did ment, which said: This is legal. You are Haspel, a low-level employee, who was this. Find out who was responsible, and allowed to use these techniques to try told to go do it. Congress is aware. do everything in your power to make to get additional information. This is Some Members even said do more—le- sure the United States of America and legal. Go do this. The Government of gally justified, used it at SERE school our citizens don’t get attacked again. the United States is telling you that with our military. Now we are going to That was the No. 1 focus from all the you have the authority to do it. It is hold that against this very well-quali- elected leaders in Federal Government legal. fied nominee. to the CIA: Protect us. Find out where That is undisputed. As a matter of Let me just add something because I the next attack is coming from, and fact, the enhanced interrogation tech- know it is part of the discussion. In don’t let us get hit again. niques were actually developed at our retrospect, over time, many Members If what ended up happening during military training facilities that we look back on that period and say: Well, this period of U.S. history—and a lot of have in different parts of the country, maybe we shouldn’t have done that. people forget about it. A lot of people called SERE schools—‘‘Survival, Eva- Maybe these enhanced interrogation

VerDate Sep 11 2014 02:08 May 17, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.052 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2719 techniques aren’t legal. Maybe that is text. Not only were she and the other NOTICES OF ORGANIZATIONAL a bad reflection on our country. members of the Agency asked to do MEETINGS So there was a debate on this. That is that kind of work, but they were told it JOINT COMMITTEE ON PRINTING fine. That is the way it should be. was important to protect the country Mr. BLUNT. Mr. President, there will As a matter of fact, one of the Sen- and that it was legal. be an organizational meeting of the ators whom I have the most respect for When her nomination comes to the Joint Committee on Printing in S–219, in this entire body, Senator MCCAIN— floor tomorrow, I certainly hope my U.S. Capitol, on Wednesday, May 16, who knows a lot about torture and a colleagues keep this all in mind, look 2018, at 3:30 P.M. lot about interrogation and has been a at her broad qualifications, and vote hero and is well respected—led that de- for her to be the next CIA Director. JOINT COMMITTEE OF CONGRESS ON THE LIBRARY bate on the Senate floor that said that I yield the floor. Mr. BLUNT. Mr. President there will these enhanced interrogation tech- The PRESIDING OFFICER. The ma- be an organizational meeting of the niques—waterboarding—aren’t what we jority leader. Joint Committee of Congress on the Li- should be doing in this country. So f let’s clarify this. Yes, a previous ad- brary in S–219, U.S. Capitol, on ministration said this is legal. We do it ORDER OF PROCEDURE Wednesday, May 16, 2018, at 3:45 P.M. to our own soldiers and marines and Mr. MCCONNELL. Mr. President, I f Navy SEALS, but we are going to look ask unanimous consent that following NOMINATION OF GINA HASPEL at a higher value on what we believe is leader remarks on Thursday, May 17, Mrs. FEINSTEIN. Mr. President, I right and what Americans should be Senator PAUL or his designee be recog- doing or should not be doing. nized to make a motion to proceed to rise today in opposition to the nomina- So we actually had a debate in 2016 S. Con. Res. 36; further, that there be tion of Gina Haspel to be CIA Director. on this floor as part of the National up to 90 minutes of debate on the mo- Ms. Haspel played a central role in Defense Authorization Act, where Sen- tion, with 45 minutes under the control the CIA’s rendition, detention, and interrogation program. This was one of ator MCCAIN led an effort with an of Senator PAUL or his designee and 45 amendment that said: From here on minutes under the control of the the darkest chapters in our Nation’s out, the techniques that our CIA Democratic leader or his designee; fi- history, and it must not be repeated. operatives would be able to use and nally, that following the use or yield- Since her nomination, I and my staff that should be approved are only those ing back of that time, the Senate vote have reviewed thousands of classified in the Army Field Manual. Those are in relation to the motion. documents detailing her role in the OK—not the rest of what happened in The PRESIDING OFFICER. Is there program. terms of the enhanced interrogation objection? The takeaway is this: Ms. Haspel was techniques. Then this body passed that. Without objection, it is so ordered. a strong supporter of the torture program. As a matter of fact, I voted for the f McCain amendment out of respect, ap- While many CIA operatives expressed preciation, and the arguments that EXECUTIVE SESSION hesitation or outright opposition to JOHN MCCAIN was making. So we clari- the program, such as John Brennan, fied the law. Ms. Haspel was not one of them. In many ways, that is how the sys- EXECUTIVE CALENDAR As I said last week, this nomination tem is supposed to work. In chal- Mr. MCCONNELL. Mr. President, I is bigger than one person. This nomina- lenging times with a lot of turmoil, ask unanimous consent that the Sen- tion is about reckoning with our his- yes, these operatives were pushing the ate proceed to executive session for the tory. It is about grappling with our envelope, but it was legal. We should consideration of the following nomina- country’s mistakes and making clear take a step back and say: Maybe that tion: Executive Calendar No. 829; that to the world that we accept responsi- shouldn’t be what we should be doing the nomination be confirmed; that the bility for our mistakes and they will going forward. And we changed the sys- motion to reconsider be considered never be repeated. tem through debate on the floor, led by made and laid upon the table; that the I was struck by Ms. Haspel’s repeated Senator MCCAIN. President be immediately notified of insistence at her hearing that the tor- Let me just end by saying that here the Senate’s action; that no further ture program was ‘‘legal.’’ is how it is not supposed to work. We motions be in order; and that any The torture program was illegal at have a very dangerous situation, like statements relating to the nomination the time based on international trea- we had after 9/11. We asked our best be printed in the RECORD. ties the United States is signatory to, and brightest to risk their lives to de- The PRESIDING OFFICER. Is there including the Convention Against Tor- fend this country, to do really tough objection? ture and Geneva Convention. operations all around the world. We go Without objection, it is so ordered. While the Office of Legal Counsel tell them to do things. This body is The nomination considered and con- signed off on waterboarding and other briefed on it. We tell them it is legal, firmed is as follows: ‘‘enhanced interrogation techniques,’’ and then later, we said: Do you know IN THE COAST GUARD its flimsy legal analyses were with- what? Now we are going to hold that The following named officer for appoint- drawn in 2003 and 2004 and should never against you. ment as Vice Commandant, United States have taken precedence over inter- Not only is that unfair, but if we con- Coast Guard, and to the grade indicated national law. tinue doing that, how hard do you under title 14, U.S.C., section 47: The bottom line is this: No one has think it is going to be to get the top To be admiral ever been held accountable for the tor- people in our country to want to join Vice Adm. Charles W. Ray ture program, and I do not believe the CIA or the special forces or the those who were intimately involved in f military? We tell them to go do this, to it deserve to lead the agency. protect your Nation; it is legal. And LEGISLATIVE SESSION What message does it send to the then 10, 15 years later, we say: No, world if we reward people for presiding maybe it wasn’t. over what is considered to be one of the I want to thank Ms. Haspel for want- MORNING BUSINESS darkest chapters in our history? ing to serve her country at the highest Mr. MCCONNELL. Mr. President, I Of course, supporters of the torture level, for her example, and all the other ask unanimous consent that the Sen- program are constantly trying to re- members of the CIA’s clandestine serv- ate resume legislative session for a pe- write history, so I think it is impor- ices, who have been on the frontlines riod of morning business, with Sen- tant to revisit that history here today. protecting this Nation. I certainly hope ators permitted to speak therein for up After a 51⁄2 year review of the CIA’s my colleagues who are looking at that to 10 minutes each. detention and interrogation program, period of history, looking to hold it The PRESIDING OFFICER. Without the Senate Intelligence Committee re- against her, recognize the broader con- objection, it is so ordered. leased a 500-page declassified executive

VerDate Sep 11 2014 03:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G16MY6.053 S16MYPT1 S2720 CONGRESSIONAL RECORD — SENATE May 16, 2018 summary in December 2014. The sum- On June 29, 2009, the DOJ’s Office of ed in pseudonym. The lack of pseudo- mary was backed up by a 6,700-page Professional Responsibility, the unit nyms and, in many cases, even a title classified report with nearly 38,000 charged with investigating allegations of a CIA officer, means that connec- footnotes citing to CIA and other offi- of misconduct, issued its report. That tions between a person’s actions and cial records. Every finding and conclu- report concluded former Deputy Assist- statements cannot be made and that sion is thoroughly supported by docu- ant Attorney General John Yoo and the seniority and positions of author- mentation. The report examined the former Assistant Attorney General Jay ity of individuals in the report are hid- detention of at least 119 individuals Bybee committed professional mis- den. and the use of coercive interrogation conduct in the drafting of those seri- In light of Ms. Haspel’s nomination techniques—in some cases amounting ously deficient legal opinions. to be Director, we have asked repeat- to torture. Additionally, Jack Goldsmith, the edly for pertinent records to be declas- It is also important to note this was Assistant Attorney General who led sified, only to be stonewalled at every a bipartisan report with each key vote the Office of Legal Counsel in 2003 and turn. during the process of the report having 2004, found that their memoranda were Instead, the CIA, with Ms. Haspel as both Democrats and Republicans vot- ‘‘riddled with error.’’ He also concluded the Acting Director, has engaged in a ing yes. In December 2012, the Intel- that key portions were ‘‘plainly selective declassification campaign to ligence Committee approved the Re- wrong’’ and characterized them as a bolster Ms. Haspel’s nomination, while port by a 9–6 vote, with one Republican ‘‘one-sided effort to eliminate any hur- keeping all potentially damaging ma- voting yes. In April 2014, the com- dles posed by the torture law.’’ terial under wraps. mittee approved the executive sum- Moreover, the CIA program certainly Given the CIA’s intransigence on mary and findings and conclusions for didn’t meet the bar set by any of the Haspel’s records, I am very limited in declassification and public release by four major international legal conven- what I am able to say about her specifi- an 11–3 vote, with three Republicans tions prohibiting torture. cally. voting yes. The full report remains First, the Geneva Convention, rati- However, I am able to revisit what classified. fied by the U.S. in 1949, common article happened at the CIA ‘‘black sites,’’ In December 2014, copies of the full, 3 provides further protections against which is detailed extensively in the re- 6,700-page classified report were sent to torture in times of conflict. It states port’s summary. parts of the executive branch, includ- that those persons no longer taking ac- For example, one detainee, Abd al- ing the CIA, to be used broadly by tive part in hostilities, including those Nashiri, was interrogated using CIA’s those personnel with appropriate clear- who are detained, are prohibited from enhanced interrogation techniques, in- ances to ensure that the abuses docu- being subjected to: ‘‘violence of life and cluding being waterboarded at least mented in the Report would never be person, in particular murder of all three times. These tactics were not repeated. This report was intended as kinds, mutilation, cruel treatment and just morally reprehensible; they were an important tool to help educate our torture’’ as well as ‘‘outrages upon per- ineffective. intelligence agencies about a dark sonal dignity, in particular The committee found, based on a re- chapter of our Nation’s history. humiliating and degrading treatment.’’ view of CIA interrogation records, that However, last May, when Ms. Haspel Second, the United Nations Universal the use of the CIA’s enhanced interro- was already the Deputy Director, the Declaration of Human Rights, ratified gation techniques on detainees like al- CIA returned its only copy of the re- by the U.S. in 1948, states in article 5 Nashiri was ineffective in obtaining ac- port at the request of Chairman Burr. that: ‘‘no one shall be subjected to tor- curate information or gaining detainee The CIA Inspector General, the Direc- ture or to cruel, inhuman or degrading cooperation. tor of National Intelligence, and others treatment or punishment.’’ Contrary to CIA claims, these so- followed suit and also returned their Third, the International Covenant on called enhanced interrogation tech- copies. In fact, only three copies of the Civil and Political Rights, ratified by niques did not produce intelligence report exist outside of the Senate In- the U.S. in 1992, repeats verbatim, the that thwarted terrorist plots or re- telligence Committee; all of the others outlawing of torture found in the Uni- sulted in the capture of terrorists. are gone. versal Declaration of Human Rights. That intelligence was already available Today, two copies of the full report Additionally article 5 of the Inter- from other sources or from the detain- remain under order by Federal judges, national Covenant includes language ees themselves before they were tor- and a third exists because of President meant to prevent states from utilizing tured. In fact, torture often led to false Obama’s decision in December 2016 to legal work-arounds to overcome the information. preserve the full report with the Na- spirit of the condemnation of torture. The report also lays out, in excru- tional Archives under the Presidential Fourth, the United Nations Conven- ciating detail, that the program was Records Act. tion Against Torture, ratified by the grossly mismanaged, and the CIA pro- During Ms. Haspel’s hearing, she United States in 1994, defines torture in vided Congress and the public with in- stated multiple times that the CIA’s article 1 as: ‘‘any act by which severe accurate information. rendition, detention, and interrogation pain or suffering, whether physical or Again, while I can’t speak in depth program was ‘‘legal and authorized by mental, is intentionally inflicted on a about Ms. Haspel, our report makes the highest legal authority in our person for such purposes as obtaining clear that surprisingly few people were country and also the President.’’ from him or a third person information responsible for designing, carrying out, I find Ms. Haspel’s statement to be or a confession. . . .’’ and managing the torture program. both misleading and incorrect. While I also find it appropriate to note for This was not something that in- the Office of Legal Counsel wrote sev- the record that the committee sought volved the entire Agency. It was lim- eral secret legal opinions used to jus- to use pseudonyms created specifically ited to the Agency’s top leadership and tify the program, I don’t believe those for this report so that the readers staff, including Directors, Deputy Di- actions were ever legal, I am not aware could connect the actions of the same rectors for Operations, and senior level of a single court ruling that affirmed CIA officer throughout the report, but management at the Counterterrorism those OLC opinions, and those OLC without their actual name or other Center, among others. opinions were in conflict with the mul- personally identifying information. As we know from the extremely lim- tiple international treaties to which To address the CIA’s concerns, the ited information Ms. Haspel has pub- the U.S. is a signatory to. committee agreed to reduce the num- licly provided, she did hold positions In fact, the Department of Justice ber of CIA personnel listed in pseu- including senior level management at conducted an investigation of the facts donym from a few hundred ultimately the Counterterrorism Center. and circumstances surrounding the down to 14 people who were most inti- She has declined to answer publically drafting of these torture memos and mately involved in the CIA’s detention when asked whether she had responsi- the Department’s role in the imple- and interrogation program. bility, supervision, or approval rel- mentation of interrogation practices The CIA and the White House refused evant to the CIA rendition, detention, by the CIA. to allow these 14 individuals to be list- and interrogation program.

VerDate Sep 11 2014 03:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.041 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2721 Additionally, because Ms. Haspel as Mr. Masri, a German citizen, was State police who put their lives on the the Acting Director for CIA and the Di- seized on December 31, 2003, as he en- line every day to keep our families rector of National Intelligence have re- tered Macedonia because he was wrong- safe. As a former U.S. Attorney and fused to declassify any additional in- fully believe to be an Al Qaeda ter- State attorney general, I have worked formation, I am unable to publically rorist traveling on false German pass- closely with some of Rhode Island’s fin- discuss her exact role in late 2002. port. est police officers, and I believe they Furthermore, I am also unable to He was then turned over to the CIA, are among the best in the country. publically discuss the things I know which rendered, detained, and interro- Supporting the vital mission of the po- she approved as a senior level super- gated him. After 5 months, he was lice and fostering strong relationships visor at the Counterterrorism Center dropped on a roadside in Albania. between our communities and law en- from 2003 to 2004 or discuss what she This was a grave mistake that even forcement was a top priority for me in worked on as the chief of staff to the Ms. Haspel acknowledged in a pre- those roles. Here in the Senate, I re- Deputy Director for Operations from hearing question whether the CIA ever main committed to supporting our 2005 to 2008. rendered or detained suspects who were brave law enforcement officers, their Instead, I can only reference reports innocent by stating: ‘‘I understand that departments, and their families. by former deputy counsel of the CIA, the CIA’s Office of the Inspector Gen- I met this week with Colonel James John Rizzo, that Ms. Haspel was one of eral conducted a review of the ren- J. Mendonca, chief of the Central Falls ‘‘the staunchest advocates inside the dition of Khalid al-Masri and deter- Police Department and president of the [CIA] for destroying the tapes’’ of CIA mined that CIA did not meet the stand- Rhode Island Police Chiefs Association. interrogations conducted under the ard for rendition under the September Under his leadership, the association is torture program. 17th, 2001 Memorandum of Notification working to make Rhode Island a na- I find the CIA’s responses to requests (MON).’’ tional leader in gun violence preven- for information about Ms. Haspel to be Even though the CIA acknowledges tion, drunk driving awareness, and this mistake, it is incomprehensible wholly inadequate. Ms. Haspel is not community engagement. an undercover operative; she is the act- that no one has been held accountable Law enforcement officers are the ing CIA Director seeking a Cabinet- for this and other violations. guardians of our communities, often If Ms. Haspel is confirmed, it would level position. paying the ultimate price for our safe- send the wrong message to the country It is unacceptable for her or the CIA ty. As we recognize the service and sac- and to the world. It would send the to hide her behind a wall of secrecy. rifice of the law enforcement commu- wrong message that America has abdi- I believe Senators and the American nity this National Police Week, I am cated its moral authority. It would public have the right to know whether particularly mindful of the names of send the wrong message that we con- or not the nominee before us was a sen- some 50 officers from Rhode Island done behavior that belies the con- ior manager for a program that has etched onto the National Law Enforce- been shown to be deeply flawed, as well science and the values of this nation. When the Obama administration ment Officers Memorial, including as a number of other disturbing facts. chose not to prosecute those involved some Federal officers who died while Without the full scope of Ms. Haspel’s in the CIA’s torture program, they on duty in Rhode Island. involvement available for public re- claimed we were moving forward, not In the words of the old hymn: view, I do not see how this body can backward. Now the laborer’s task is o’er; adequately carry out its constitu- To elevate a person with reportedly Now the battle day is past . . . tionally mandated duty to advise and Father, in Thy gracious keeping intimate involvement in a torture pro- consent on the president’s nominee. Leave we now thy servant sleeping. gram to lead our Central Intelligence Proponents of Ms. Haspel’s nomina- Agency would signal to our allies and In Rhode Island and across the tion have argued that she was just our enemies that we are looking back- United States, we remember and honor doing her job and following orders. ward. their vigilance, compassion, and valor. If confirmed, what would Ms. Haspel This nomination is, in effect, a ref- f do? Would she carry out and enforce erendum on whether America condones the President’s directives if they would HMONG VETERANS’ SERVICE the use of torture. RECOGNITION ACT violate our Constitution and inter- If confirmed, this nominee’s deci- national treaties? sions will affect the lives and safety of Mr. WHITEHOUSE. Mr. President, as I am also concerned her leadership all Americans. a young man, I lived with my father could create problems for the CIA to Our job is to assess whether the while he served as U.S. Ambassador to perform one of its core functions: co- nominee has the strength of character Laos. I came to know it as a operating with foreign governments— to stand up to her superiors when reck- heartbreakingly beautiful country, and European allies in particular. oning with violations of our rule of law with lovely, kind people, into which Specifically, her confirmation could and moral values. our international contest with com- complicate U.S.-German relations. Unfortunately, based on Ms. Haspel’s munism violently intruded. While the German Government has not record at the CIA, the lack of public The goal of the U.S. in Laos at the made a public position on Ms. Haspel’s transparency regarding her tenure, and time was to prevent North Vietnamese nomination, Germany is strongly op- the implications for America’s reputa- forces from using Laos as a supply line posed to torture and multiple U.S. in- tion at home and abroad, I cannot sup- for attacks on South Vietnam, along telligence actions outlined in the Sen- port this nomination. what was known as the Ho Chi Minh ate Intelligence torture report have al- Trail, and to prevent Laos itself from f ready caused rifts in U.S.-German rela- falling under Communist domination tions. NATIONAL POLICE WEEK by the Pathet Lao forces. Additionally, when Ms. Haspel was Mr. WHITEHOUSE. Mr. President, So began a covert war in Laos, fund- promoted to CIA Deputy Director in National Police Week pays special ed by the CIA, in which at least 35,000 2017, the European Center for Constitu- honor to the law enforcement officers Lao and Hmong perished. tional and Human Rights, who have lost their lives in the line of The legendary Hmong military lead- headquartered in Berlin, petitioned duty for the safety and protection of er, General Vang Pao, operated out of a German prosecutors to order an arrest our citizens and communities. I am base at Long Tieng in the mountains of warrant for Haspel due to her partici- proud to cosponsor the resolution des- Laos. He told the New York Times in pation in the CIA torture program. ignating National Police Week as we 2008, ‘‘There were three missions that While I understand the German Gov- recognize the service and spirit of all were very important that were given to ernment is unlikely to issue an arrest the officers who diligently exhibit what us and to me. . . . One was stopping the warrant, Germans still remember that Victor Hugo called ‘‘conscience in the flow of the North Vietnamese troops U.S. intelligence officials mistakenly service of justice.’’ through the Ho Chi Minh Trail to go to abducted and tortured Khalid al-Masri, I am especially grateful for the men the south through Laos. Second was to a German citizen in 2003. and women of Rhode Island’s local and rescue any American pilots during the

VerDate Sep 11 2014 03:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.041 S16MYPT1 S2722 CONGRESSIONAL RECORD — SENATE May 16, 2018 Vietnam war. Third, to protect the in the lives of so many people is im- TRIBUTE TO DENIS O’HAYER Americans that navigated the B–52s measurable. ∑ Mr. ISAKSON. Mr. President, today I and the jets to bomb North Vietnam.’’ Sharon provided insight into the am proud to honor in the RECORD a After the war, thousands of displaced issues small businesses face in Alaska. dedicated Georgian who has elevated Hmong refugees were obliged to flee Her past work with National Write media political coverage and served as Laos. They fled into Thailand, to coun- Your Congressman and the National a true ambassador of the First Amend- tries in Europe, and—in many cases— Federation of Independent Businesses ment. to the United States. My State of put her in tune with the passions and It is not every day that a politician Rhode Island is proud to have had concerns of Alaska’s small businesses. honors a journalist on the floor of the many settle and build their lives in our She was also a very involved commu- Senate, but when one who is as accom- communities. nity member in Anchorage and Eagle plished as Denis O’Hayer of Georgia an- The Hmong Veterans’ Service Rec- River, contributing her time and en- nounces his upcoming retirement, it is ognition Act passed into law this year, ergy to a variety of organizations with only right to recognize his 40 years of finally allowing naturalized Hmong- the intention of building a better and radio and TV work and achievements. and Laotian-American veterans to be brighter future for our great State. Denis O’Hayer will retire next month buried in U.S. national cemeteries. I Sharon was a true pleasure to have from Atlanta’s National Public Radio am grateful to my fellow Rhode Is- on the team. She loves Alaska, and affiliate, WABE, where he has hosted of lander Philip Smith of the Lao Vet- that always showed in her passionate a number of programs since he joined erans of America for his determined advocacy on behalf of constituents. She the station 2009. Since 2015, Denis has advocacy on behalf of Hmong and Lao loves her family and is a devoted wife gotten the day started for countless veterans. and mother. Atlantans who tune in for his news up- Twenty-one years ago, the Clinton We will miss Sharon and the joy she dates on ‘‘Morning Edition.’’ The administration authorized a plaque to had helping Alaskans. I wish her the listenership for his program has more be placed at Arlington National Ceme- best in her future endeavors. than doubled since he took the helm as tery commemorating the valor of the f host. His podcast, ‘‘Political Break- Lao soldiers who aided American forces fast,’’ is a more recent hit and shows during the Vietnam war. It is a fitting ADDITIONAL STATEMENTS Denis’s adaptability and one of the honor for those brave combat veterans many reasons for his success in the that they lie beside old comrades-in- TRIBUTE TO AMANDA BEDFORD field of broadcast journalism. arms, a way of keeping the promise in- ∑ scribed on this memorial plaque, which Mr. DAINES. Mr. President, this Denis began his work in the Atlanta pledges that the Hmong and Lao vet- week I have the honor of recognizing media market in 1978 in radio with erans’ ‘‘patriotic valor and loyalty in Amanda Bedford for her positive im- WGST and as a host with Public Broad- the defense of liberty and democracy pact on the Chouteau County commu- casting Atlanta after moving to the will never be forgotten.’’ nity as the owner of the Wake Cup city from his radio career in Con- After my father retired, he heard Cafe. necticut. that local opposition had arisen to a Amanda grew up on her parent’s farm During his distinguished career, proposed Lao temple not far from here between Fort Benton and Highwood. Denis has also worked in television as in Virginia. He went with his military She always had a passion for the Fort a freelance reporter with CNN and as a aide and CIA station chief from the Benton community, knowing 1 day political reporter at Atlanta NBC affil- Laos days to testify at the local hear- that was where she wanted to open a iate WXIA–TV for 11 years. ing. The military aide was General coffee shop. At 20 years old and with The Atlanta Press Club, which is one Richard Trefry, then the commander of the support of her parents, she made of the largest and most active profes- White House military operations, who that dream a reality. Fourteen years sional journalism associations in the in full military regalia testified that, later, the business has seen tremendous country, has benefitted from Denis’s without the courageous Lao resistance, success and growth under Amanda’s leadership as president. led by Vang Pao out of the base at leadership. Denis, his distinguished WABE col- Long Tieng, there would be 1,000 more What started as a tiny coffee shop, league Rose Scott, and their team American names on the Vietnam War serving only coffee and a few sand- earned an Edward R. Murrow award in Memorial. wiches, has since expanded greatly. 2012 for their television broadcast spe- It is with that sense of abiding grati- The current building is the res- cial focused on the fight against child tude that we remember the bravery of taurant’s third location, with a much sex trafficking in Atlanta called ‘‘How those Hmong troops and their dedica- larger and more expansive menu. By fo- to Stop the Candy Shop.’’ tion to fight for democracy and to pro- cusing on fresh, homemade ingredients, The Georgia Association of Broad- tect the lives of so many young Ameri- Amanda is proud of the delicious food casters named Denis Broadcaster of the cans at war in Southeast Asia. the Wake Cup Cafe brings to Fort Ben- Year in 2014, and in 2015, he was named ton. to the Atlanta Press Club Hall of f With the enormous growth the Wake Fame. TRIBUTE TO SHARON JACKSON Cup Cafe has seen, Amanda has turned Denis is respected by colleagues Mr. SULLIVAN. Mr. President, I it into a family business. As of 4 years across the spectrum for the quality of would like to say a few words about ago, Amanda’s sister and brother-in- his work, his professionalism, and the Sharon Jackson, a former member of law have become part owners in the fact that he is a consummate gen- my staff who recently left to pursue business, allowing them to continue to tleman. My staff has always praised another opportunity in public service. grow the coffee shop. While the busi- Denis, and we have looked for ways to Sharon was part of the original team ness continues to expand, Amanda re- work together whenever possible. in my State offices that I hired after mains focused on providing the com- Over the years, in addition to politics being sworn into the Senate in January munity with a place to gather with both local and national, Denis and I 2015. family and friends. As Amanda says, forged a friendship and respect for each She served as a constituent relations every small town needs a coffee shop. other that went beyond work, regu- representative, where her compassion She is proud to be that staple for the larly sharing reports about our fami- and authenticity reassured constitu- Fort Benton community. lies and discussing our shared enjoy- ents as she worked to resolve their I congratulate Amanda Bedford on ment of travel. issues with various Federal agencies. her wonderful impact to Fort Benton I wish Denis the very best of luck in Being an Army veteran herself, Sharon and the greater Chouteau Community. his retirement, and I am thankful that had a unique gift of connecting with With her passion, dedication, and de- he will continue to contribute to Geor- veterans and servicemembers while she termination, her community is brought gia politics as a commentator in the helped them navigate complex govern- together over their favorite local hang- future. Our political discourse will be ment systems. The difference she made out: the Wake Cup Cafe.∑ better for it.∑

VerDate Sep 11 2014 04:23 May 17, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.035 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2723 TRIBUTE TO SARMAT CHOWDHURY Paiute Tribes to lease or transfer certain S. 2850. A bill to amend the White Moun- ∑ lands. tain Apache Tribe Water Rights Quantifica- Mr. THUNE. Mr. President, today I tion Act of 2010 to clarify the use of amounts recognize the hard work of my Com- The message also announced that the House has passed the following bills, in in the WMAT Settlement Fund. merce, Science, and Transportation which it requests the concurrence of f Committee intern Sarmat Chowdhury. the Senate: Sarmat hails from Woodbridge, VA, EXECUTIVE AND OTHER and is a graduate of George Mason Uni- H.R. 613. An act to amend title 18, United COMMUNICATIONS States Code, to require that the Director of versity with a bachelor’s degree in the Bureau of Prisons ensure that each chief The following communications were international relations and conflict executive officer of a Federal penal or cor- laid before the Senate, together with analysis and resolution. rectional institution provides a secure stor- accompanying papers, reports, and doc- While interning for the Commerce age area located outside of the secure perim- uments, and were referred as indicated: eter of the Federal penal or correctional in- Committee, Sarmat assisted the Sub- EC–5205. A communication from the Chief stitution for firearms carried by certain em- committee on Consumer Protection, Counsel, Saint Lawrence Seaway Develop- ployees of the Bureau of Prisons, and for Product Safety, Insurance, and Data ment Corporation, Department of Transpor- other purposes. Security. He is a dedicated worker who H.R. 1417. An act to amend the National tation, transmitting, pursuant to law, the re- was always willing to tackle new Law Enforcement Museum Act to allow the port of a rule entitled ‘‘Tariff of Tolls’’ projects. I extend my sincere thanks Museum to acquire, receive, possess, collect, (RIN2135–AA44) received in the Office of the and appreciation to Sarmat and wish ship, transport, import, and display firearms, President of the Senate on May 10, 2018; to him continued success in the future.∑ and for other purposes. the Committee on Environment and Public H.R. 4854. An act to amend the DNA Anal- Works. f ysis Backlog Elimination Act of 2000 to pro- EC–5206. A communication from the Census TRIBUTE TO PETER PETRASKO vide additional resources to State and local Bureau Federal Register Liaison Officer, prosecutors, and for other purposes. Census Bureau, Department of Commerce, ∑ Mr. THUNE. Mr. President, today I H.R. 4895. An act to establish the Medgar transmitting, pursuant to law, the report of recognize the hard work of my Com- Evers Home National Monument in the State a rule entitled ‘‘Foreign Trade Regulations merce, Science, and Transportation of Mississippi, and for other purposes. (FTR): Clarification on Collection and Con- Committee intern Peter Petrasko. H.R. 5242. An act to require the Attorney fidentiality of Kimberley Process Certifi- Peter hails from Sioux Falls, SD, and General and the Secretary of Education to cates’’ (RIN0607–AA54) received during adjournment of the Senate in the Office of the is a graduate of Brown University. conduct a survey of all public schools to determine the number of school resource offi- President of the Senate on May 2, 2018; to the Peter is planning to attend graduate cers at such schools. Committee on Finance. school in the fall. EC–5207. A communication from the Assist- While interning for the Commerce At 5:15 p.m., a message from the ant Secretary, Legislative Affairs, Depart- Committee, Peter assisted the Sub- House of Representatives, delivered by ment of State, transmitting, pursuant to committee on Space, Science, and Mr. Novotny, one of its reading clerks, law, the report of a Determination and Cer- Competitiveness, as well as the Sub- announced that the Clerk of the House tification under Section 40A of the Arms Ex- committee on Surface Transportation of Representatives request the Senate port Control Act relative to countries not to return to the House the bill (H.R. cooperating fully with United States and Merchant Marine Infrastructure, antiterrorism efforts; to the Committee on Safety, and Security. He is a dedicated 4743) to amend the Small Business Act Foreign Relations. worker who was always willing to take to strengthen the Office of Credit Risk EC–5208. A communication from the Sec- on new projects. I extend my sincere Management within the Small Busi- retary of the Army, transmitting, pursuant thanks and appreciation to Peter for ness Administration, and for other pur- to law, a report relative to the U.S. Army all of the hard work and wish him con- poses. Audit Agency’s review of an audit of the American National Red Cross’s Annual tinued success in the future.∑ f Statement; to the Committee on the Judici- f MEASURES REFERRED ary. TRIBUTE TO JACOB VALDEZ The following bills were read the first f ∑ Mr. THUNE. Mr. President, today I and the second times by unanimous PETITIONS AND MEMORIALS recognize the hard work of my Com- consent, and referred as indicated: The following petitions and memo- merce, Science, and Transportation H.R. 613. An act to amend title 18, United rials were laid before the Senate and Committee law clerk Jacob Valdez. States Code, to require that the Director of were referred or ordered to lie on the Jacob hails from Tucson, AZ, and is a the Bureau of Prisons ensure that each chief executive officer of a Federal penal or cor- table as indicated: second-year law student at Arizona rectional institution provides a secure stor- POM–231. A resolution adopted by the State University. age area located outside of the secure perim- While clerking for the Commerce Mayor and City Commission of the City of eter of the Federal penal or correctional in- Miami Beach, Florida, memorializing their Committee, Jacob assisted the Sub- stitution for firearms carried by certain em- support for a statewide ban on hydraulic committee on Consumer Protection, ployees of the Bureau of Prisons, and for fracturing, acid fracturing, and any form of Product Safety, Insurance, and Data other purposes; to the Committee on the Ju- extreme well stimulation for the purpose of Security. He is a dedicated worker who diciary. resource extraction in the State of Florida; H.R. 1417. An act to amend the National was committed to getting the most out to the Committee on Energy and Natural Re- Law Enforcement Museum Act to allow the sources. of his clerkship. I extend my sincere Museum to acquire, receive, possess, collect, thanks and appreciation to Jacob and POM–232. A resolution adopted by the ship, transport, import, and display firearms, Mayor and City Commission of the City of wish him continued success in the and for other purposes; to the Committee on ∑ Delray Beach, Florida, calling on the State years to come. the Judiciary. of Florida, the Governor of Florida, the H.R. 4895. An act to establish the Medgar f President of the United States, and the fed- Evers Home National Monument in the State eral government to pass comprehensive laws of Mississippi, and for other purposes; to the MESSAGES FROM THE HOUSE to address the growing concerns associated Committee on Energy and Natural Re- with gun violence in America; to the Com- At 9:40 a.m., a message from the sources. House of Representatives, delivered by H.R. 5242. An act to require the Attorney mittee on the Judiciary. Mrs. Cole, one of its reading clerks, an- General and the Secretary of Education to f conduct a survey of all public schools to de- nounced that the House has passed the REPORTS OF COMMITTEES following bill, without amendment: termine the number of school resource officers at such schools; to the Committee on S. 1285. An act to allow the Confederated The following reports of committees Health, Education, Labor, and Pensions. Tribes of Coos, Lower Umpqua, and Siuslaw were submitted: Indians, the Confederated Tribes of the f By Ms. MURKOWSKI, from the Committee Grand Ronde Community of Oregon, the Con- MEASURES PLACED ON THE on Energy and Natural Resources, without federated Tribes of Siletz Indians of Oregon, CALENDAR amendment: the Confederated Tribes of Warm Springs, S. 1692. A bill to authorize the National the Cow Creek Band of Umpqua Tribe of In- The following bill was read the sec- Emergency Medical Services Memorial dians, the Klamath Tribes, and the Burns ond time, and placed on the calendar: Foundation to establish a commemorative

VerDate Sep 11 2014 03:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.039 S16MYPT1 S2724 CONGRESSIONAL RECORD — SENATE May 16, 2018 work in the District of Columbia and its en- uty Representative of the United States of curity at airports and to make projects for virons, and for other purposes (Rept. No. 115– America to the United Nations, with the the installation of security cameras eligible 249). rank and status of Ambassador Extraor- for the airport improvement program; to the dinary and Plenipotentiary, and the Deputy Committee on Commerce, Science, and f Representative of the United States of Amer- Transportation. EXECUTIVE REPORTS OF ica in the Security Council of the United Na- By Mr. DAINES (for himself, Mr. COMMITTEES tions. COONS, Mr. CASEY, and Mr. TESTER): * Jonathan R. Cohen, of California, a Ca- S. 2860. A bill to amend the Internal Rev- The following executive reports of reer Member of the Senior Foreign Service, enue Code of 1986 to allow first responders to Class of Minister-Counselor, to be Represent- nominations were submitted: continue to exclude service-connected dis- ative of the United States of America to the By Mr. CORKER for the Committee on ability pension payments after reaching the Sessions of the General Assembly of the Foreign Relations. age of retirement; to the Committee on Fi- United Nations, during his tenure of service *David B. Cornstein, of New York, to be nance. as Deputy Representative of the United Ambassador Extraordinary and Pleni- By Ms. DUCKWORTH (for herself and States of America to the United Nations. potentiary of the United States of America Mr. HOEVEN): to Hungary. By Mr. BURR for the Select Committee on Nominee: David Cornstein. Intelligence. S. 2861. A bill to prosecute, as a Federal * Gina Haspel, of Kentucky, to be Director Post: Ambassador to Hungary. crime, the assault or intimidation of a pas- of the Central Intelligence Agency. (The following is a list of all members of senger train crew member to the same ex- my immediate family and their spouses. I * Nomination was reported with rec- tent as such actions against aircraft crew have asked each of these persons to inform ommendation that it be confirmed sub- members are prosecuted; to the Committee me of the pertinent contributions made by ject to the nominee’s commitment to on Commerce, Science, and Transportation. By Mr. SCHATZ (for himself and Mr. them. To the best of my knowledge, the in- respond to requests to appear and tes- SCOTT): formation contained in this report is com- tify before any duly constituted complete and accurate.) mittee of the Senate. S. 2862. A bill to require the Comptroller Contributions, amount, date, and donee: General of the United States to conduct a 1. Self: $ 0.00. f study regarding the buyout practices of the 2. Spouse: $ 0.00. INTRODUCTION OF BILLS AND Federal Emergency Management Agency, 3. Children and Spouses: $ 0.00, Marc & JOINT RESOLUTIONS and for other purposes; to the Committee on Natasha Cornstein. Banking, Housing, and Urban Affairs. 4. Parents: Not applicable—deceased. The following bills and joint resolu- By Mr. BLUNT (for himself, Mr. COONS, 5. Grandparents: Not applicable—deceased. tions were introduced, read the first Ms. MURKOWSKI, Mr. MANCHIN, Mr. 6. Brothers and Spouses: Not applicable. and second times by unanimous con- BOOZMAN, Ms. HASSAN, Mr. ROUNDS, 7. Sisters and Spouses: Not applicable. sent, and referred as indicated: Ms. HEITKAMP, Mr. COTTON, Ms. KLO- * Jackie Wolcott, of Virginia, to be Rep- BUCHAR, Mr. CORNYN, Ms. CORTEZ By Mr. THUNE: resentative of the United States of America S. 2853. A bill to amend the Communica- MASTO, Mr. RUBIO, Mr. TESTER, Mr. to the International Atomic Energy Agency, tions Act of 1934 to ensure Internet openness, ALEXANDER, Mr. ROBERTS, Mr. with the rank of Ambassador. to prohibit blocking lawful content and non- HOEVEN, Mr. GARDNER, Ms. SMITH, Nominee: Jackie Wolcott. harmful devices, to prohibit throttling data, Mr. MORAN, Mrs. MCCASKILL, Mr. Post: Representative of the United States to prohibit paid prioritization, to require ISAKSON, and Mr. WICKER): of America with the rank of Ambassador, on transparency of network management prac- S. 2863. A bill to require the Secretary of the Board of Governors of the International tices, to provide that broadband shall be con- the Treasury to mint a coin in commemora- Atomic Energy Agency, and Representative sidered to be an information service, and to tion of the opening of the National Law En- of the United States of America to the Vi- prohibit the Commission or a State commis- forcement Museum in the District of Colum- enna Office of the United Nations, with the sion from relying on section 706 of the Tele- bia, and for other purposes; to the Com- Rank of Ambassador. communications Act of 1996 as a grant of au- mittee on Banking, Housing, and Urban Af- (The following is a list of all members of thority; to the Committee on Commerce, fairs. my immediate family and their spouses. I Science, and Transportation. By Mrs. MCCASKILL (for herself and have asked each of these persons to inform By Mr. SCOTT (for himself, Ms. CORTEZ Ms. HEITKAMP): me of the pertinent contributions made by MASTO, and Mr. PERDUE): S. 2864. A bill to amend the Homeland Se- them. To the best of my knowledge, the in- S. 2854. A bill to establish requirements for curity Act of 2002 to authorize a Joint Task formation contained in this report is com- use of a driver’s license or personal identi- Force to enhance integration of the Depart- plete and accurate.) fication card by certain financial institu- ment of Homeland Security’s border security Contributions, amount, date, and donee: tions for opening an account or obtaining a operations to detect, interdict, disrupt, and 1. Self: None. financial product or service, and for other prevent narcotics, such as fentanyl and other 2. Spouse: purposes; to the Committee on Banking, synthetic opioids, from entering the United 3. Children and Spouses: Housing, and Urban Affairs. States, and for other purposes; to the Com- 4. Parents: Calvin H. Wolcott—deceased; By Mr. CARDIN: mittee on Homeland Security and Govern- Levis J. Wolcott—deceased. S. 2855. A bill to require the Attorney Gen- mental Affairs. 5. Grandparents: Guy Weaver—deceased; eral to make competitive grants to State, By Ms. BALDWIN (for herself, Ms. Doris Weaver—deceased; Oren Wolcott—de- tribal, and local governments to establish SMITH, Mr. SANDERS, Mr. MERKLEY, ceased; Amanda Wolcott—deceased. and maintain witness protection and assist- Mr. MURPHY, Mr. BLUMENTHAL, and 6. Brothers and Spouses: Calvin H. Wolcott, ance programs; to the Committee on the Ju- Mr. DURBIN): spouse Barbara Wolcott: $25, 8/31/15, Carson diciary. America; $25, 3/31/15, Carley (Fiorino) for By Mr. RUBIO: S. 2865. A bill to ensure that certain mate- President; $25, 10/29/15, Carley (Fiorino) for S. 2856. A bill to reform the requirements rials used in carrying out Federal infrastruc- President; $25, 10/30/15, Carson America; $25, regarding the safety and security of families ture aid programs are made in the United 3/1/16, Carson America; $100, 11/5/16, Trump living in public and federally assisted hous- States, and for other purposes; to the Com- Make America Great; $100, 3/31/17, Trump ing in high-crime areas; to the Committee on mittee on Homeland Security and Govern- Make America Great; $100, 5/4/17, Handel for Banking, Housing, and Urban Affairs. mental Affairs. Congress. By Ms. CANTWELL: By Mr. CORNYN (for himself and Mr. 7. Sisters and Spouses: Victoria A. Hughes, S. 2857. A bill to designate the Nordic Mu- CRUZ): spouse Richard Hughes: none; Michele Ja- seum in Seattle, Washington, as the ‘‘Na- S. 2866. A bill to require the Secretary of cobs, spouse George Jacobs: none. tional Nordic Museum’’, and for other pur- the Army to expedite the completion of cer- * Jackie Wolcott, of Virginia, to be Rep- poses; to the Committee on Energy and Nat- tain feasibility studies and reports and to resentative of the United States of America ural Resources. amend the Coastal Barrier Resources Act to to the Vienna Office of the United Nations, By Mr. COONS (for himself, Mr. RISCH, ensure public safety, and for other purposes; with the rank of Ambassador. Ms. SMITH, and Mr. GARDNER): to the Committee on Environment and Pub- * Francis R. Fannon, of Virginia, to be an S. 2858. A bill to amend the Energy Policy lic Works. Assistant Secretary of State (Energy Re- Act of 2005 to require the establishment of a By Mr. WICKER: sources). small business voucher program, and for * Eliot Pedrosa, of Florida, to be United other purposes; to the Committee on Energy S. 2867. A bill to improve the Junior Re- States Alternate Executive Director of the and Natural Resources. serve Officers’ Training Corps programs, to Inter-American Development Bank. By Mr. PETERS (for himself and Mr. authorize an expansion of their presence in * Jonathan R. Cohen, of California, a Ca- GARDNER): low-income, rural, and underserved areas of reer Member of the Senior Foreign Service, S. 2859. A bill to provide for the use of pas- the United States, and for other purposes; to Class of Minister-Counselor, to be the Dep- senger facility charge revenue to enhance se- the Committee on Armed Services.

VerDate Sep 11 2014 04:23 May 17, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.014 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2725 By Mr. GARDNER: to raise awareness about the challenges of abiding citizens to transport knives S. 2868. A bill to enhance the Bulletproof children in the foster-care system, and en- interstate, notwithstanding a patch- Vest Partnership Program to assist law encouraging Congress to implement policy to work of local and State prohibitions. forcement agencies in protecting law en- improve the lives of children in the foster- forcement officers; to the Committee on the care system; considered and agreed to. S. 1112 Judiciary. By Mr. ALEXANDER (for himself, Mr. At the request of Ms. HEITKAMP, the By Ms. DUCKWORTH (for herself and BENNET, Mr. BOOZMAN, Mr. WICKER, names of the Senator from New Hamp- Mr. CARPER): Mr. BURR, Mr. ISAKSON, Mrs. FEIN- shire (Mrs. SHAHEEN) and the Senator S. 2869. A bill to amend the Safe Drinking STEIN, Mr. SCOTT, Mr. CRUZ, Mr. from Louisiana (Mr. CASSIDY) were Water Amendments of 1977 to require the Ad- JOHNSON, Mr. RUBIO, Mr. TOOMEY, Mr. added as cosponsors of S. 1112, a bill to ministrator of the Environmental Protection CORNYN, Mr. TILLIS, Mrs. HYDE- support States in their work to save Agency to report certain hiring to carry out SMITH, Mr. GARDNER, Mr. INHOFE, Mr. and sustain the health of mothers dur- the Safe Drinking Water Act; to the Com- YOUNG, Mr. PERDUE, Mr. CARPER, Mr. mittee on Environment and Public Works. BOOKER, Mr. LANKFORD, Mr. COONS, ing pregnancy, childbirth, and in the By Mr. GARDNER (for himself and Mr. Mr. MCCAIN, and Mr. HATCH): postpartum period, to eliminate dis- BENNET): S. Res. 514. A resolution congratulating the parities in maternal health outcomes S. 2870. A bill to authorize the Secretary of students, parents, teachers, and leaders of for pregnancy-related and pregnancy- the Interior to conduct a special resource charter schools across the United States for associated deaths, to identify solutions study of the site known as ‘‘Amache’’ in the making ongoing contributions to education, to improve health care quality and State of Colorado; to the Committee on En- and supporting the ideals and goals of the health outcomes for mothers, and for ergy and Natural Resources. 19th annual National Charter Schools Week, By Mr. BLUMENTHAL (for himself, celebrated May 7 through May 11, 2018; con- other purposes. Mr. TOOMEY, and Mr. MURPHY): sidered and agreed to. S. 1328 S. 2871. A bill to amend the Omnibus Crime f At the request of Mr. KAINE, the Control and Safe Streets Act of 1968 to ex- name of the Senator from New Hamp- tend public safety officers’ death benefits to ADDITIONAL COSPONSORS shire (Mrs. SHAHEEN) was added as a co- fire police officers; to the Committee on the S. 573 sponsor of S. 1328, a bill to extend the Judiciary. At the request of Mr. PETERS, the protections of the Fair Housing Act to f name of the Senator from Massachu- persons suffering discrimination on the SUBMISSION OF CONCURRENT AND setts (Mr. MARKEY) was added as a co- basis of sexual orientation or gender SENATE RESOLUTIONS sponsor of S. 573, a bill to establish the identity, and for other purposes. National Criminal Justice Commission. S. 1400 The following concurrent resolutions and Senate resolutions were read, and S. 793 At the request of Mr. HEINRICH, the referred (or acted upon), as indicated: At the request of Mr. BOOKER, the name of the Senator from Minnesota name of the Senator from Maine (Mr. (Ms. SMITH) was added as a cosponsor By Mr. RUBIO (for himself, Mr. MENEN- ING of S. 1400, a bill to amend title 18, DEZ, Mr. NELSON, and Mr. CRUZ): K ) was added as a cosponsor of S. S. Res. 511. A resolution honoring Las 793, a bill to prohibit sale of shark fins, United States Code, to enhance protec- Damas de Blanco as the recipient of the 2018 and for other purposes. tions of Native American tangible cul- Milton Friedman Prize for Advancing Lib- S. 978 tural heritage, and for other purposes. erty; to the Committee on Foreign Rela- At the request of Mrs. MURRAY, the S. 1806 tions. names of the Senator from California At the request of Mrs. MURRAY, the By Mr. GRASSLEY (for himself, Mrs. EINSTEIN name of the Senator from Nevada (Ms. FEINSTEIN, Ms. MURKOWSKI, Ms. (Mrs. F ) and the Senator from CORTEZ MASTO) was added as a cospon- HEITKAMP, Mr. YOUNG, Mr. KING, Mr. Minnesota (Ms. SMITH) were added as TILLIS, Mr. MARKEY, Mr. CRUZ, Mr. cosponsors of S. 978, a bill to direct the sor of S. 1806, a bill to amend the Child WHITEHOUSE, Mr. BLUNT, Mr. BROWN, Secretary of Education to establish an Care and Development Block Grant Act Mr. CRAPO, Mrs. GILLIBRAND, Mr. award program recognizing excellence of 1990 and the Head Start Act to pro- PORTMAN, Ms. HASSAN, Mr. TOOMEY, exhibited by public school system em- mote child care and early learning, and Mr. PETERS, Mr. MORAN, Ms. KLO- ployees providing services to students for other purposes. BUCHAR, Mr. CASSIDY, Mr. CARPER, in prekindergarten through higher edu- S. 1830 Mr. ALEXANDER, Mr. COONS, Mr. SCOTT, Mr. NELSON, Mr. ROUNDS, Mr. cation. At the request of Mr. PAUL, the name MANCHIN, Ms. COLLINS, Mrs. MCCAS- S. 1050 of the Senator from Wyoming (Mr. KILL, Mr. DAINES, Mr. KAINE, Mr. At the request of Ms. DUCKWORTH, ENZI) was added as a cosponsor of S. JOHNSON, Ms. BALDWIN, Mr. ISAKSON, the names of the Senator from Wash- 1830, a bill to strengthen employee cost Mr. DONNELLY, Mrs. CAPITO, Ms. ington (Mrs. MURRAY), the Senator savings suggestions programs within DUCKWORTH, Mr. CORNYN, Mrs. MUR- from New Jersey (Mr. MENENDEZ) and the Federal Government. RAY, Mr. LANKFORD, Ms. CORTEZ AR S. 1870 MASTO, Mrs. ERNST, Mrs. SHAHEEN, the Senator from Delaware (Mr. C - Mr. CORKER, Mr. TESTER, Mr. ENZI, PER) were added as cosponsors of S. At the request of Mr. HOEVEN, the Mr. CASEY, Mr. KENNEDY, Mr. 1050, a bill to award a Congressional name of the Senator from Michigan BLUMENTHAL, Mr. HOEVEN, Mr. JONES, Gold Medal, collectively, to the Chi- (Ms. STABENOW) was added as a cospon- Mr. MCCONNELL, Ms. SMITH, Mr. SUL- nese-American Veterans of World War sor of S. 1870, a bill to amend the Vic- LIVAN, Mr. LEAHY, Mr. PERDUE, Mr. II, in recognition of their dedicated tims of Crime Act of 1984 to secure ur- BOOKER, Mr. HELLER, Mr. DURBIN, Mr. service during World War II. gent resources vital to Indian victims COTTON, Mr. VAN HOLLEN, Mr. LEE, S. 1086 of crime, and for other purposes. Ms. CANTWELL, Mr. ROBERTS, Mr. REED, Mr. HATCH, Mr. WYDEN, Mrs. At the request of Mr. HATCH, the S. 2076 FISCHER, Mr. RUBIO, Mrs. HYDE- name of the Senator from North Da- At the request of Ms. COLLINS, the SMITH, Mr. MCCAIN, Mr. BOOZMAN, kota (Mr. HOEVEN) was added as a co- names of the Senator from Connecticut Mr. GARDNER, Mr. BARRASSO, Mr. sponsor of S. 1086, a bill to amend title (Mr. MURPHY) and the Senator from INHOFE, and Mr. THUNE): 10, United States Code, to remove the Louisiana (Mr. CASSIDY) were added as S. Res. 512. A resolution designating the prohibition on eligibility for TRICARE cosponsors of S. 2076, a bill to amend week of May 13 through May 19, 2018, as ‘‘Na- tional Police Week’’; considered and agreed Reserve Select of members of the re- the Public Health Service Act to au- to. serve components of the Armed Forces thorize the expansion of activities re- By Mr. GRASSLEY (for himself, Ms. who are eligible to enroll in a health lated to Alzheimer’s disease, cognitive STABENOW, Mrs. CAPITO, Mr. BLUNT, benefits plan under chapter 89 of title decline, and brain health under the Mr. WICKER, Mr. SCOTT, Mr. PETERS, 5, United States Code. Alzheimer’s Disease and Healthy Aging Mr. CASEY, Mr. KAINE, Mr. LANKFORD, S. 1092 Program, and for other purposes. Mr. DAINES, Mr. KING, Mr. INHOFE, NZI S. 2285 Mr. BLUMENTHAL, Mr. CASSIDY, Mr. At the request of Mr. E , the name NELSON, and Ms. KLOBUCHAR): of the Senator from New Mexico (Mr. At the request of Mrs. MCCASKILL, S. Res. 513. A resolution recognizing Na- UDALL) was added as a cosponsor of S. the name of the Senator from Missouri tional Foster Care Month as an opportunity 1092, a bill to protect the right of law- (Mr. BLUNT) was added as a cosponsor

VerDate Sep 11 2014 03:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.026 S16MYPT1 S2726 CONGRESSIONAL RECORD — SENATE May 16, 2018 of S. 2285, a bill to require mailing ad- gan (Ms. STABENOW) and the Senator retary of the Army to construct var- dresses to correspond with the physical from Massachusetts (Ms. WARREN) were ious projects for improvements to riv- address at which the mail will be deliv- added as cosponsors of S. 2465, a bill to ers and harbors of the United States, ered. amend the Public Health Service Act and for other purposes. S. 2303 to reauthorize a sickle cell disease pre- S. 2836 At the request of Mr. COONS, the vention and treatment demonstration At the request of Mr. JOHNSON, the name of the Senator from Maine (Mr. program and to provide for sickle cell names of the Senator from Louisiana KING) was added as a cosponsor of S. disease research, surveillance, preven- (Mr. CASSIDY) and the Senator from 2303, a bill to amend title XXVII of the tion, and treatment. Alabama (Mr. JONES) were added as co- Public Health Service Act to preserve S. 2497 sponsors of S. 2836, a bill to assist the consumer and employer access to li- At the request of Mr. RUBIO, the Department of Homeland Security in censed independent insurance pro- name of the Senator from Colorado preventing emerging threats from un- ducers. (Mr. GARDNER) was added as a cospon- manned aircraft and vehicles, and for other purposes. S. 2356 sor of S. 2497, a bill to amend the For- S. RES. 154 At the request of Mr. TESTER, the eign Assistance Act of 1961 and the Arms Export Control Act to make im- At the request of Mr. JOHNSON, the name of the Senator from Pennsyl- name of the Senator from Alaska (Mr. vania (Mr. CASEY) was added as a co- provements to certain defense and security assistance provisions and to au- SULLIVAN) was added as a cosponsor of sponsor of S. 2356, a bill to require the S. Res. 154, a resolution promoting Secretary of Veterans Affairs to ad- thorize the appropriations of funds to Israel, and for other purposes. awareness of motorcycle profiling and dress staffing and other issues at facili- encouraging collaboration and commu- S. 2568 ties, including underserved facilities, nication with the motorcycle commu- At the request of Mr. BROWN, the of the Department of Veterans Affairs, nity and law enforcement officials to name of the Senator from Virginia (Mr. and for other purposes. prevent instances of profiling. KAINE) was added as a cosponsor of S. S. 2358 S. RES. 168 2568, a bill to amend section 5000A of At the request of Mr. RUBIO, the At the request of Mr. NELSON, his the Internal Revenue Code of 1986 to names of the Senator from New York name was added as a cosponsor of S. provide an additional religious exemp- (Mrs. GILLIBRAND), the Senator from Res. 168, a resolution supporting re- tion from the individual health cov- Maryland (Mr. VAN HOLLEN) and the spect for human rights and encour- erage mandate, and for other purposes. Senator from Washington (Ms. CANT- aging inclusive governance in Ethiopia. S. 2580 WELL) were added as cosponsors of S. S. RES. 383 At the request of Mr. MENENDEZ, the 2358, a bill to require a study on women At the request of Ms. DUCKWORTH, and lung cancer, and for other pur- names of the Senator from Massachu- the name of the Senator from Delaware setts (Ms. WARREN) and the Senator poses. (Mr. CARPER) was added as a cosponsor from New York (Mr. SCHUMER) were S. 2364 of S. Res. 383, a resolution expressing added as cosponsors of S. 2580, a bill to support for the designation of a ‘‘Wom- At the request of Mr. BOOZMAN, the amend title 13, United States Code, to name of the Senator from Mississippi en’s Health Research Day’’. make clear that each decennial census, S. RES. 508 (Mr. WICKER) was added as a cosponsor as required for the apportionment of of S. 2364, a bill to amend the Water In- At the request of Mr. MARKEY, the Representatives in Congress among the names of the Senator from Delaware frastructure Finance and Innovation several States, shall tabulate the total Act of 2014 to provide to State infra- (Mr. CARPER), the Senator from Cali- number of persons in each State, and fornia (Mrs. FEINSTEIN) and the Sen- structure financing authorities addi- to provide that no information regard- tional opportunities to receive loans ator from Massachusetts (Ms. WARREN) ing United States citizenship or immi- were added as cosponsors of S. Res. 508, under that Act to support drinking gration status may be elicited in any water and clean water State revolving a resolution supporting the goals of such census. Myalgic Encephalomyelitis/Chronic funds to deliver water infrastructure to S. 2597 Fatigue Syndrome International communities across the United States, At the request of Mr. CASEY, the Awareness Day. and for other purposes. names of the Senator from Minnesota f S. 2395 (Ms. KLOBUCHAR), the Senator from STATEMENTS ON INTRODUCED At the request of Mr. SCHATZ, the New Jersey (Mr. MENENDEZ), the Sen- BILLS AND JOINT RESOLUTIONS name of the Senator from Alaska (Mr. ator from Hawaii (Ms. HIRONO) and the SULLIVAN) was added as a cosponsor of Senator from Michigan (Ms. STABENOW) By Mr. CORNYN (for himself and S. 2395, a bill to amend title 54, United were added as cosponsors of S. 2597, a Mr. CRUZ): States Code, to authorize the provision bill to amend the Public Health Serv- S. 2866. A bill to require the Sec- of technical assistance under the Pre- ice Act to reauthorize the program of retary of the Army to expedite the serve America Program and to direct payments to children’s hospitals that completion of certain feasibility stud- the Secretary of the Interior to enter operate graduate medical education ies and reports and to amend the into partnerships with communities programs, and for other purposes. Coastal Barrier Resources Act to en- adjacent to units of the National Park S. 2745 sure public safety, and for other purposes; to the Committee on Environ- System to leverage local cultural her- At the request of Mr. BLUMENTHAL, itage tourism assets. the name of the Senator from Massa- ment and Public Works. Mr. CORNYN. Mr. President, I ask S. 2418 chusetts (Ms. WARREN) was added as a unanimous consent that the text of the At the request of Ms. HASSAN, the cosponsor of S. 2745, a bill to establish bill be printed in the RECORD. name of the Senator from Minnesota a grant program to provide assistance There being no objection, the text of (Ms. KLOBUCHAR) was added as a co- to prevent and repair damage to struc- the bill was ordered to be printed in sponsor of S. 2418, a bill to direct the tures due to pyrrhotite. the RECORD, as follows: Federal Communications Commission S. 2800 S. 2866 to promulgate regulations that estab- At the request of Mr. BARRASSO, the Be it enacted by the Senate and House of Rep- lish a national standard for deter- names of the Senator from Mississippi resentatives of the United States of America in mining whether mobile and broadband (Mr. WICKER), the Senator from West Congress assembled, services available in rural areas are Virginia (Mrs. CAPITO), the Senator SECTION 1. SHORT TITLE. reasonably comparable to those serv- from Maryland (Mr. VAN HOLLEN) and This Act may be cited as the ‘‘Coastal ices provided in urban areas. the Senator from Arkansas (Mr. BOOZ- Texas Protection Act’’. SEC. 2. COASTAL TEXAS PROTECTION AND RES- S. 2465 MAN) were added as cosponsors of S. TORATION. At the request of Mr. SCOTT, the 2800, a bill to provide for the conserva- Notwithstanding any other provision of names of the Senator from Louisiana tion and development of water and re- law, the Secretary of the Army shall expe- (Mr. CASSIDY), the Senator from Michi- lated resources, to authorize the Sec- dite the completion of feasibility studies for

VerDate Sep 11 2014 03:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.019 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2727 flood damage reduction, hurricane and storm years beginning after the date of the enact- to the streets to demonstrate against human damage reduction, and ecosystem restora- ment of this Act. rights abuses on International Human tion in the coastal areas of Texas that are f Rights Day, but were detained before the identified in the interim report due to be protest could begin’’; published in 2018 that describes the ten- SUBMITTED RESOLUTIONS Whereas, in February 2015, 30 members of tatively selected plan developed in accord- Las Damas de Blanco were arrested in an at- ance with section 4091 of the Water Re- tempt by Cuban officials to bar the women sources Development Act of 2007 (121 Stat. SENATE RESOLUTION 511—HON- from participating in the #TodosMarchamos 1187). ORING LAS DAMAS DE BLANCO march, which sought to advocate for the SEC. 3. PUBLIC SAFETY EXCEPTIONS UNDER AS THE RECIPIENT OF THE 2018 freedom of political prisoners in Cuba; COASTAL BARRIER RESOURCES ACT. MILTON FRIEDMAN PRIZE FOR Whereas, on March 20, 2016, a few hours be- Section 5(a)(3) of the Coastal Barrier Re- ADVANCING LIBERTY fore President Barack Obama landed in Cuba sources Act (16 U.S.C. 3504(a)(3)) is amended for his first visit to the communist country, by inserting ‘‘, T-02A, T-03A, T-04 through T- Mr. RUBIO (for himself, Mr. MENEN- Cuban authorities arrested more than 50 dis- 07, T-11,’’ after ‘‘S08’’. DEZ, Mr. NELSON, and Mr. CRUZ) sub- sidents protesting the deteriorating state of mitted the following resolution; which human rights in Cuba and directly targeted By Mr. DAINES (for himself, Mr. was referred to the Committee on For- Las Damas de Blanco; COONS, Mr. CASEY, and Mr. Whereas, while Raul Castro is no longer eign Relations: TESTER): the head of state of Cuba, grave human S. 2860. A bill to amend the Internal S. RES. 511 rights abuses continue under the newly se- Revenue Code of 1986 to allow first re- Whereas Las Damas de Blanco (also known lected President of Cuba, Miguel Dıáz-Canel; sponders to continue to exclude serv- as the ‘‘Ladies in White’’) is a group com- Whereas Las Damas de Blanco has ap- ice-connected disability pension pay- posed of wives and female relatives of im- pealed to the United States and other foreign prisoned political prisoners, prisoners of con- governments in order to bring international ments after reaching the age of retire- attention to the repression of dissent by the ment; to the Committee on Finance. science, and peaceful dissidents in Cuba; Whereas, in April 2003, during the wave of Cuban regime and the plight of political pris- Mr. DAINES. Mr. President, I ask repression known as the ‘‘Black Spring’’, a oners, who are routinely jailed unjustly and unanimous consent that the text of the group of strong and courageous women without due process; bill be printed in the RECORD. formed Las Damas de Blanco in response to Whereas, on May 17, 2018, Las Damas de There being no objection, the text of the wrongful imprisonment of their family Blanco will receive the prestigious 2018 Mil- the bill was ordered to be printed in members by the Cuban regime; ton Friedman Prize for Advancing Liberty the RECORD, as follows: Whereas, since the inception of the group, for the bravery of the group and the continuing efforts of the group to fight for indi- S. 2860 the members of Las Damas de Blanco have vidual freedom in Cuba; Be it enacted by the Senate and House of Rep- attended Sunday mass in the Church of Santa Rita in Havana, Cuba, and then Whereas the Milton Friedman Prize for Ad- resentatives of the United States of America in vancing Liberty acknowledges those who Congress assembled, marched peacefully through the streets of Havana holding photos of their jailed rel- have advocated and contributed to advancing SECTION 1. SHORT TITLE. atives and white gladioluses; human liberty; and This Act may be cited as the ‘‘Putting ´ Whereas members of Las Damas de Blanco Whereas Berta de los Angeles Soler First-Responders First Act’’. regularly march to advocate for the release Ferna´ ndez and Leticia Ramos Herrerıá, SEC. 2. CONTINUED EXCLUSION OF FIRST RE- of all political prisoners and the freedom of members of Las Damas de Blanco, have been SPONDER SERVICE-CONNECTED DIS- the Cuban people from Cuba’s repressive re- prohibited by the government of Dıáz-Canel ABILITY PAYMENTS AFTER AGE OF from leaving Cuba to accept the 2018 Milton RETIREMENT. gime; Friedman Prize for Advancing Liberty in the (a) IN GENERAL.—Section 104 of the Inter- Whereas, despite leading peaceful protests, nal Revenue Code of 1986 is amended by re- members of Las Damas de Blanco are regu- United States: Now, therefore, be it designating subsection (d) as subsection (e) larly attacked by Cuban regime security Resolved, That the Senate— and by inserting after subsection (c) the fol- forces and prevented from exercising their (1) congratulates Las Damas de Blanco on lowing new subsection: fundamental rights of the freedoms of ex- receiving the prestigious 2018 Milton Fried- ‘‘(d) SPECIAL RULE FOR FIRST RESPONDER pression and assembly; man Prize for Advancing Liberty; SERVICE-CONNECTED DISABILITY PAYMENTS Whereas, according to Amnesty Inter- (2) honors the members of Las Damas de AFTER AGE OF RETIREMENT.— national— Blanco for their courageous efforts to stand ‘‘(1) IN GENERAL.—In the case of an indi- (1) Las Damas de Blanco ‘‘remain[s] one of up to the Cuban regime and defend human vidual who receives a service-connected dis- the primary targets of repression by Cuban rights and fundamental freedoms, as ex- ability excludible amount, gross income [G]overnment authorities’’; and pressed in the Universal Declaration of shall not include such amount of any retire- (2) members of Las Damas de Blanco are Human Rights; ment pension or annuity which— frequently detained and ‘‘often beaten by law (3) recognizes all of the valiant leaders of ‘‘(A) is received by such individual with re- enforcement officials and state security Las Damas de Blanco, including those mem- spect to the service to which the service-con- agents dressed as civilians’’ while in deten- bers who died before being able to see a free nected disability excludible amount relates, tion; Cuba; ‘‘(B) is determined by reference to the indi- Whereas, according to the Human Rights (4) expresses solidarity and commitment to vidual’s age, length of service, or contribu- Watch 2018 World Report, ‘‘detention is often the democratic aspirations of the Cuban peo- tions, and used preemptively to prevent people from ple; and ‘‘(C) does not exceed the service-connected participating in peaceful marches or meet- (5) calls on the Cuban regime to allow disability excludable amount (determined on ings to discuss politics, and detainees are members of Las Damas de Blanco to travel an annualized basis under such regulations often beaten, threatened, and held incommu- freely both domestically and or other guidance as the Secretary may pre- nicado for hours or days’’; internationally. scribe). Whereas the Human Rights Watch 2018 f World Report noted that, ‘‘Cuban Police or ‘‘(2) SERVICE-CONNECTED DISABILITY EX- SENATE RESOLUTION 512—DESIG- CLUDIBLE AMOUNT.—For purposes of this sub- state security agents continue to routinely section, the term ‘service-connected dis- harass, rough up, and detain members of Las NATING THE WEEK OF MAY 13 ability excludible amount’ means an amount Damas de Blanco before or after they attend THROUGH MAY 19, 2018, AS ‘‘NA- received by an individual which ceases upon Sunday mass’’; TIONAL POLICE WEEK’’ reaching retirement age and is not includible Whereas, in 2005, Las Damas de Blanco was Mr. GRASSLEY (for himself, Mrs. in gross income under subsection (a)(1) by selected to receive the Sakharov Prize for FEINSTEIN, Ms. MURKOWSKI, Ms. reason of a service-connected disability as a Freedom of Thought, but the Cuban regime law enforcement officer (as such term is de- did not allow the members of the group to HEITKAMP, Mr. YOUNG, Mr. KING, Mr. fined in section 1204 of the Omnibus Crime leave the island to accept the award; TILLIS, Mr. MARKEY, Mr. CRUZ, Mr. Control and Safe Streets Act of 1968), an em- Whereas Laura Ine´s Polla´ n Toledo, the WHITEHOUSE, Mr. BLUNT, Mr. BROWN, ployee in fire protection activities (as such founder of Las Damas de Blanco, left a leg- Mr. CRAPO, Mrs. GILLIBRAND, Mr. term is defined in section 3(y) of the Fair acy of a peaceful protest against human and PORTMAN, Ms. HASSAN, Mr. TOOMEY, Labor Standards Act of 1938), or an indi- civil rights abuses in Cuba; Mr. PETERS, Mr. MORAN, Ms. KLO- vidual who provides out-of-hospital emer- Whereas Laura Ine´s Polla´ n Toledo died on BUCHAR, Mr. CASSIDY, Mr. CARPER, Mr. gency medical care (including emergency October 14, 2011, and while her death gar- ALEXANDER, Mr. COONS, Mr. SCOTT, Mr. medical technician, paramedic, or first-re- nered widespread international attention, sponder).’’. the Cuban regime remained silent; NELSON, Mr. ROUNDS, Mr. MANCHIN, Ms. (b) EFFECTIVE DATE.—The amendments Whereas, according to Freedom House, in COLLINS, Mrs. MCCASKILL, Mr. DAINES, made by this section shall apply to taxable December 2013, Las Damas de Blanco ‘‘took Mr. KAINE, Mr. JOHNSON, Ms. BALDWIN,

VerDate Sep 11 2014 03:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.027 S16MYPT1 S2728 CONGRESSIONAL RECORD — SENATE May 16, 2018 Mr. ISAKSON, Mr. DONNELLY, Mrs. CAP- Randall S. Gibson, Jonathan W.R. Ginka, Mr. DAINES, Mr. KING, Mr. INHOFE, Mr. ITO, Ms. DUCKWORTH, Mr. CORNYN, Mrs. Nathan B. Graves, Clinton F. Greenwood, BLUMENTHAL, Mr. CASSIDY, Mr. NELSON, MURRAY, Mr. LANKFORD, Ms. CORTEZ Thomas J. Hannon, Jason G. Harris, Charles- and Ms. KLOBUCHAR) submitted the fol- ton V. Hartfield, Kevin M. Haverly, Kristen MASTO, Mrs. ERNST, Mrs. SHAHEEN, Mr. lowing resolution; which was consid- N. Hearne, Joe W. Heddy, Jr., Devin P. CORKER, Mr. TESTER, Mr. ENZI, Mr. ered and agreed to: Hodges, David J. Hoefler, Richard S. Howard CASEY, Mr. KENNEDY, Mr. BLUMENTHAL, III, Stephen R. Jenkins, Sr., Robert J. John- S. RES. 513 Mr. HOEVEN, Mr. JONES, Mr. MCCON- son, Donald O. Kimbrough, Stephen T. Whereas National Foster Care Month was NELL, Ms. SMITH, Mr. SULLIVAN, Mr. Kubinski, Houston J. Largo, Paul Lazinsky, established more than 20 years ago to— LEAHY, Mr. PERDUE, Mr. BOOKER, Mr. Craig E. Lehner, Justin A. Leo, Norman C. (1) bring foster-care issues to the forefront; HELLER, Mr. DURBIN, Mr. COTTON, Mr. Lewis, Angel L. Lorenzo-Gonzalez, Michael (2) highlight the importance of perma- nency for every child; and VAN HOLLEN, Mr. LEE, Ms. CANTWELL, D. Louviere, Kevin C. Mainhart, Elias Mar- tinez, Rogelio Martinez, William A. Mat- (3) recognize the essential role that foster Mr. ROBERTS, Mr. REED, Mr. HATCH, parents, social workers, and advocates have hews, Hector L. Matias-Torres, Steven D. Mr. WYDEN, Mrs. FISCHER, Mr. RUBIO, in the lives of children in foster care McDonald, Marcus A. McNeil, Gregory M. Mrs. HYDE-SMITH, Mr. MCCAIN, Mr. throughout the United States; Meagher, Mark L. Mecham, Roberto Medina- BOOZMAN, Mr. GARDNER, Mr. BARRASSO, Whereas all children deserve a safe, loving, Mariani, Jay R. Memmelaar, Jr., D. Heath and permanent home; Mr. INHOFE, and Mr. THUNE) submitted Meyer, Gary L. Michael, Jr., Michael P. Mid- Whereas the primary goal of the foster- the following resolution; which was dlebrook, Christopher J. Monica, Joshua S. considered and agreed to: care system is to ensure the safety and well- Montaad, Mason P. Moore, Isaac Morales, being of children while working to provide a S. RES. 512 Miguel I. Moreno, Marvin S. Moyer, Eric W. safe, loving, and permanent home for each Whereas Federal, State, local, and Tribal Mumaw, Raymond A. Murrell, Thomas P. child; police officers, sheriffs, and other law en- Nipper, Rickey O’Donald, Terrence S. Whereas there are approximately 438,000 forcement officers across the United States O’Hara, Timothy J. O’Neill, Eric B. Overall, children living in foster care; serve with valor, dignity and integrity; Chad W. Parque, Zackari S. Parrish III, Whereas there were approximately 273,539 Whereas law enforcement officers are Steve A. Perez, Monty D. Platt, Daniel K. youth that entered the foster-care system in charged with pursuing justice for all individ- Rebman, Jr., Nicholas A. Rodman, Robert P. 2016, while over 65,000 youth were eligible uals and performing their duties with fidel- Rumfelt, Wendy L. Shannon, Brian D. Shaw, and awaiting adoption at the end of 2016; ity to the constitutional and civil rights of Justin J. Smith, Michael P. Stewart III, Whereas the number of children living in the public they serve; Sean M. Suiter, Matthew L. Tarentino, foster care and entering foster care has in- Whereas law enforcement officers swear an Shana R. Tedder, Jimmy D. Tennyson, Jus- creased dramatically in recent years; oath to uphold the public trust despite the tin M. Terney, David Torres-Chaparro, Andre Whereas over 92,000 children entered foster fact that through the performance of their H. Van Vegten, David J. Wade, Jerry R. care in 2016 due to parental drug abuse; duties, they too may become targets for Walker, James M. Wallace, Michael T. Wal- Whereas children of color are more likely senseless acts of violence; ter, Patrick N. Weatherford, Jason T. to stay in the foster-care system for longer Whereas, in 1962, President John Fitzgerald Weiland, and Elise A. Ybarra; and periods of time and are less likely to be re- Kennedy signed the Joint Resolution enti- Whereas, since the beginning of 2018, more united with their biological families; tled ‘‘Joint Resolution to authorize the than 50 law enforcement officers from across Whereas foster parents are the front-line President to proclaim May 15 of each year as the United States have made the ultimate caregivers for children who cannot safely re- Peace Officers Memorial Day and the cal- sacrifice: Now, therefore, be it main with their biological parents and pro- endar week of each year during which such Resolved, That the Senate— vide physical care, emotional support, edu- May 15 occurs as Police Week’’, approved Oc- (1) designates the week of May 13 through cation advocacy, and are the largest single tober 1, 1962 (36 U.S.C. 136) (referred to in this May 19, 2018, as ‘‘National Police Week’’; source of families providing permanent preamble as the ‘‘Joint Resolution’’), which (2) expresses strong support for law en- homes for children leaving foster care to authorizes the President of the United forcement officers across the United States adoption; States to proclaim May 15 of every year as in their efforts to build safer and more se- Whereas children in foster care who are Peace Officers Memorial Day ‘‘in honor of cure communities; placed with relatives, compared to children the Federal, State, and municipal officers (3) recognizes the need to ensure that law placed with nonrelatives, have more sta- who have been killed or disabled in the line enforcement officers have the equipment, bility, including fewer changes in place- of duty’’; training, and resources necessary to protect ments, have more positive perceptions of Whereas the Joint Resolution also author- their health and safety while they are pro- their placements, are more likely to be izes the President to designate the week in tecting the public; placed with their siblings, and demonstrate which Peace Officers Memorial Day falls as (4) recognizes the members of the law en- fewer behavioral problems; National Police Week; forcement community for their selfless acts Whereas some relative caregivers receive Whereas the National Law Enforcement of bravery; less financial assistance and support services Officers Memorial, dedicated on October 15, (5) acknowledges that police officers and than do foster caregivers; 1991, is the national monument to honor other law enforcement personnel who have Whereas an increased emphasis on preven- those law enforcement officers who have died made the ultimate sacrifice should be re- tion and reunification services is necessary in the line of duty; membered and honored; to reduce the number of children that are Whereas the 37th Annual National Peace (6) expresses condolences to the loved ones forced to remain in the foster-care system; Officers Memorial Service, held this year, of each law enforcement officer who has Whereas more than 20,000 youth ‘‘aged out’’ will honor the 129 law enforcement officers made the ultimate sacrifice in the line of of foster care in 2016 without a legal perma- killed in the line of duty in 2017, including duty; and nent connection to an adult or family; Stephen L. Ackerman, Ryan M. Albin, Aaron (7) encourages the people of the United Whereas children who age out of foster W. Allan, Damon C. Allen, Colt E. Allery, States to observe National Police Week with care lack the security or support of a bio- Shawn T. Anderson, Stephen J. Ballard, Cur- appropriate ceremonies and activities that logical or adoptive family and frequently tis A. Bartlett, Berke M.M. Bates, Matthew promote awareness of the vital role law en- struggle to secure affordable housing, obtain S. Baxter, Justin L. Beard, Curtis B. Billue, forcement officers perform safeguarding the health insurance, pursue higher education, William T. Bishop, Curtis W. Blackbird, An- public trust for the United States. and acquire adequate employment; thony J. Borostowski, Keith W. Boyer, Tim- f Whereas foster care is intended to be a othy A. Braden, Kevin J. Brewer, Julie A. temporary placement, but children remain England Bridges, Thomas C. Bunker, Mark J. SENATE RESOLUTION 513—RECOG- in the foster-care system for an average of 19 Burbridge, Michael C. Butler, Meggan L. Cal- NIZING NATIONAL FOSTER CARE months; lahan, Andrew J. Camilleri, Sr., James E. MONTH AS AN OPPORTUNITY TO Whereas children in foster care experience Chapman, Lucas F. Chellew, James E. Clark, RAISE AWARENESS ABOUT THE an average of 3 different placements, which Debra L. Clayton, Sander B. Cohen, Sean F. CHALLENGES OF CHILDREN IN often leads to disruption of routines and the Cookson, Kenneth M. Copeland, Carl T. need to change schools and move away from Cosper, Jr., Jaimie J.A. Cox, Aaron L. Crook, THE FOSTER-CARE SYSTEM, AND siblings, extended families, and familiar sur- Henry J. Cullen III, Veronica S. Darden, Joel ENCOURAGING CONGRESS TO IM- roundings; R. Davis, Benjamin A. De Los Santos- PLEMENT POLICY TO IMPROVE Whereas youth in foster care are much Barbosa, Nathan M. Desjardins, Mark G. THE LIVES OF CHILDREN IN THE more likely to face educational instability Diebold, Steven E. DiSario, Bernard W. FOSTER-CARE SYSTEM with 65 percent of former foster children ex- Domagala, Kenneth J. Doyle, Donald W. periencing at least 7 school changes while in Durr, Floyd East, Jr., David J. Fahey, Jr., Mr. GRASSLEY (for himself, Ms. care; Brian S. Falb, Miosotis P. Familia, Jason M. STABENOW, Mrs. CAPITO, Mr. BLUNT, Whereas children entering foster care often Fann, Steven R. Floyd, Sr., Michael R. Mr. WICKER, Mr. SCOTT, Mr. PETERS, confront the widespread misperception that Foley, Robert A. French, Jason A. Garner, Mr. CASEY, Mr. KAINE, Mr. LANKFORD, children in foster care are disruptive, unruly,

VerDate Sep 11 2014 03:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.029 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2729 and dangerous, even though placement in U.S.C. 601 et seq.) and other programs de- requirements of the Elementary and Sec- foster care is based on the actions of a par- signed to— ondary Education Act of 1965 (20 U.S.C. 6301 ent or guardian, not the child; (A) support vulnerable families; et seq.), to ensure that the charter schools Whereas recent studies show foster chil- (B) invest in prevention and reunification are of high quality and truly accountable to dren enrolled in Medicaid were prescribed services; the public; antipsychotic medications at 3 to 9 times the (C) promote adoption in cases where reuni- Whereas 44 States and the District of Co- rate of other children receiving Medicaid; fication is not in the best interests of the lumbia have enacted laws authorizing public Whereas due to heavy caseloads and lim- child; charter schools; ited resources, the average tenure for a (D) adequately serve those children Whereas, as of the 2017–2018 school year, worker in child protection services is just 3 brought into the foster-care system; and more than 7,000 public charter schools served years; (E) facilitate the successful transition into nearly 3,200,000 children; Whereas States, localities, and commu- adulthood for children that ‘‘age out’’ of the Whereas enrollment in public charter nities should be encouraged to invest re- foster-care system. schools grew from 400,000 students in 2001 to sources in preventative and reunification f 3,200,000 students in 2018, an eightfold in- services and postpermanency programs to crease in 17 years; ensure that more children in foster care are SENATE RESOLUTION 514—CON- Whereas in the United States— provided with safe, loving, and permanent GRATULATING THE STUDENTS, (1) in 208 school districts, more than 10 per- placements; PARENTS, TEACHERS, AND cent of public school students are enrolled in Whereas in 2018, Congress passed the Fam- LEADERS OF CHARTER SCHOOLS public charter schools; and ily First Prevention Services Act, which pro- ACROSS THE UNITED STATES (2) in 19 school districts, at least 30 percent vided new investments in prevention and of public school students are enrolled in pub- family reunification services to help more FOR MAKING ONGOING CON- lic charter schools; families stay together and ensure more chil- TRIBUTIONS TO EDUCATION, AND Whereas high-performing public charter dren are in safe, loving, and permanent SUPPORTING THE IDEALS AND schools improve the academic achievement homes; GOALS OF THE 19TH ANNUAL of students enrolled in the charter schools Whereas Federal legislation over the past 3 NATIONAL CHARTER SCHOOLS and collaborate with traditional public decades, including the Adoption Assistance WEEK, CELEBRATED MAY 7 schools to improve public education for all and Child Welfare Act of 1980 (Public Law 96– THROUGH MAY 11, 2018 students; 272), the Adoption and Safe Families Act of Whereas public charter schools— 1997 (Public Law 105–89), the Fostering Con- Mr. ALEXANDER (for himself, Mr. (1) give parents the freedom to choose pub- nections to Success and Increasing Adop- BENNET, Mr. BOOZMAN, Mr. WICKER, Mr. lic schools; tions Act of 2008 (Public Law 110–351), the BURR, Mr. ISAKSON, Mrs. FEINSTEIN, Mr. (2) routinely measure parental satisfaction Child and Family Services Improvement and SCOTT, Mr. CRUZ, Mr. JOHNSON, Mr. levels; and Innovation Act (Public Law 112–34), and the RUBIO, Mr. TOOMEY, Mr. CORNYN, Mr. (3) must prove the ongoing success of the Preventing Sex Trafficking and Strength- charter schools to parents, policymakers, TILLIS, Mrs. HYDE-SMITH, Mr. GARDNER, ening Families Act (Public Law 113–183) pro- and the communities served by the charter vided new investments and services to im- Mr. INHOFE, Mr. YOUNG, Mr. PERDUE, schools or risk closure; prove the outcomes of children in the foster- Mr. CARPER, Mr. BOOKER, Mr. Whereas a 2015 report from the Center for care system; LANKFORD, Mr. COONS, Mr. MCCAIN, and Research on Education Outcomes at Stan- Whereas May 2018 is an appropriate month Mr. HATCH) submitted the following ford University found significant improve- to designate as National Foster Care Month resolution; which was considered and ments for students at urban charter schools, to provide an opportunity to acknowledge agreed to: and compared to peers of traditional public the accomplishments of the child-welfare S. RES. 514 schools, each year those students completed workforce, foster parents, advocacy commu- the equivalent of 28 more days of learning in nity, and mentors for their dedication, ac- Whereas charter schools are public schools reading and 40 more days of learning in complishments, and positive impact they that do not charge tuition and enroll any math; have on the lives of children; and student who wants to attend, often through Whereas parental demand for high-per- Whereas much remains to be done to en- a random lottery when the demand for en- forming charter schools is high, and there sure that all children have a safe, loving, rollment is outmatched by the supply of was an estimated 5 percent growth in charter nurturing, and permanent family, regardless available charter school seats; school enrollment between fall 2016 and fall of age or special needs: Now, therefore, be it Whereas high-performing public charter 2017; and Resolved, That the Senate— schools deliver a high-quality public edu- (1) supports the designation of National Whereas the 19th annual National Charter cation and challenge all students to reach Schools Week is celebrated the week of May Foster Care Month; the students’ potential for academic success; (2) recognizes National Foster Care Month 7 through May 11, 2018: Now, therefore, be it Whereas high-performing public charter Resolved, That the Senate— as an opportunity to raise awareness about schools promote innovation and excellence (1) congratulates the students, families, the challenges that children face in the fos- in public education; teachers, leaders, and staff of public charter ter-care system; Whereas public charter schools throughout schools across the United States for— (3) encourages Congress to implement pol- the United States provide millions of fami- (A) making ongoing contributions to pub- icy to improve the lives of children in the lies with diverse and innovative educational lic education; foster-care system; options for children of the families; (B) making impressive strides in closing (4) acknowledges the unique needs of chil- Whereas high-performing public charter the academic achievement gap in schools in dren in the foster-care system; schools and charter management organiza- the United States, particularly in schools (5) recognizes foster youth throughout the tions are increasing student achievement with some of the most disadvantaged stu- United States for their ongoing tenacity, and attendance rates at institutions of high- dents in both rural and urban communities; courage, and resilience while facing life chal- er education; and lenges; Whereas public charter schools are author- (C) improving and strengthening the public (6) acknowledges the exceptional alumni of ized by a designated entity and— school system throughout the United States; the foster-care system who serve as advo- (1) respond to the needs of communities, (2) supports the ideals and goals of the 19th cates and role models for youth who remain families, and students in the United States; annual National Charter Schools Week, a in care; and week-long celebration held May 7 through (7) honors the commitment and dedication (2) promote the principles of quality, ac- May 11, 2018, in communities throughout the of the individuals who work tirelessly to pro- countability, choice, high-performance, and United States; and vide assistance and services to children in innovation; (3) encourages the people of the United the foster-care system; Whereas, in exchange for flexibility and States to hold appropriate programs, cere- (8) supports the designation of May 31, 2018 autonomy, public charter schools are held monies, and activities for National Charter as National Foster Parent Appreciation Day; accountable by the authorizers of the char- Schools Week to demonstrate support for (9) recognizes National Foster Parent Ap- ter schools for improving student achieve- public charter schools. preciation Day as an opportunity to recog- ment and for sound financial and operational nize the efforts of foster parents to provide management; f safe and loving care for children in need and Whereas public charter schools are re- AMENDMENTS SUBMITTED AND raise awareness about the increasing need quired to meet the student achievement ac- PROPOSED for foster parents to serve in their commu- countability requirements under the Ele- nities; and mentary and Secondary Education Act of SA 2243. Mr. HELLER submitted an (10) reaffirms the need to continue working 1965 (20 U.S.C. 6301 et seq.) in the same man- amendment intended to be proposed by him to improve the outcomes of all children in ner as traditional public schools; to the concurrent resolution S. Con. Res. 36, the foster-care system through parts B and E Whereas public charter schools often set setting forth the congressional budget for of title IV of the Social Security Act (42 higher expectations for students, beyond the the United States Government for fiscal year

VerDate Sep 11 2014 03:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.029 S16MYPT1 S2730 CONGRESSIONAL RECORD — SENATE May 16, 2018 2019 and setting forth the appropriate budg- each year, the Secretary shall submit to (3) collecting data on outcomes achieved etary levels for fiscal years 2020 through 2028; Congress a report on the reassignment of in- through the Program, including the effect on which was ordered to lie on the table. dividuals employed in senior executive posi- the violent crime rate, incarceration rate, SA 2244. Mr. MCCONNELL (for Mr. TILLIS) tions at the Department to other such posi- and recidivism rate of the jurisdiction. proposed an amendment to the bill H.R. 2772, tions at the Department during the period (b) ADDITIONAL PURPOSE AREAS.—In addi- to amend title 38, United States Code, to pro- covered by the report. tion to the purpose described in subsection vide for requirements relating to the reas- ‘‘(2) Each report submitted under para- (a), the Attorney General may use funds au- signment of Department of Veterans Affairs graph (1) shall describe the purpose of each thorized under this Act for any of the fol- senior executive employees. reassignment and the costs associated with lowing purposes— SA 2245. Mr. MCCONNELL (for Mr. CORNYN such reassignment. (1) competitive and evidence-based pro- (for himself and Mr. PETERS)) proposed an ‘‘(3) For purposes of paragraph (2), costs as- grams to reduce gun crime and gang vio- amendment to the bill H.R. 3249, to authorize sociated with a reassignment may only in- lence; the Project Safe Neighborhoods Grant Pro- clude the following: (2) the Edward Byrne criminal justice inno- gram, and for other purposes. ‘‘(A) A salary increase. vation program; ‘‘(B) Temporary travel expenses for the in- f (3) community-based violence prevention dividual or the family of the individual. initiatives; or TEXT OF AMENDMENTS ‘‘(C) Moving expenses. (4) gang and youth violence education, pre- ‘‘(D) A paid incentive. SA 2243. Mr. HELLER submitted an vention and intervention, and related activi- ‘‘(c) SENIOR EXECUTIVE POSITION DEFINED.— ties. amendment intended to be proposed by In this section, the term ‘senior executive him to the concurrent resolution S. position’ has the meaning given such term in SEC. 5. RULES AND REGULATIONS. Con. Res. 36, setting forth the congres- section 713(d) of this title.’’. (a) IN GENERAL.—The Attorney General sional budget for the United States (b) CLERICAL AMENDMENT.—The table of shall issue guidance to create, carry out, and administer the Program in accordance with Government for fiscal year 2019 and sections at the beginning of such chapter is amended by inserting after the item relating this section. setting forth the appropriate budgetary to section 725 the following new item: (b) FUNDS TO BE DIRECTED TO LOCAL CON- levels for fiscal years 2020 through 2028; ‘‘727. Reassignment of senior executives.’’. TROL.—Amounts made available as grants which was ordered to lie on the table; under the Program shall be, to the greatest as follows: SA 2245. Mr. MCCONNELL (for Mr. extent practicable, locally controlled to ad- At the appropriate place, insert the fol- CORNYN (for himself and Mr. PETERS)) dress problems that are identified locally. lowing: proposed an amendment to the bill (c) TASK FORCES.—Thirty percent of the amounts made available as grants under the SEC. ll. SENSE OF THE SENATE ON PAY FOR H.R. 3249, to authorize the Project Safe Program each fiscal year shall be granted to MEMBERS OF CONGRESS IF THE Neighborhoods Grant Program, and for CONCURRENT RESOLUTION ON THE Gang Task Forces in regions experiencing a BUDGET AND APPROPRIATIONS ARE other purposes; as follows: significant or increased presence of criminal NOT COMPLETED IN A TIMELY MAN- Strike all after the enacting clause and in- or transnational organizations engaging in NER. sert the following: high levels of violent crime, firearms of- It is the sense of the Senate that— SECTION 1. SHORT TITLE. fenses, human trafficking, and drug traf- (1) both Houses of Congress should approve This Act may be cited as the ‘‘Project Safe ficking. a concurrent resolution on the budget and Neighborhoods Grant Program Authoriza- (d) PRIORITY.—Amounts made available as all the regular appropriations bills before tion Act of 2018’’. grants under the Program shall be used to October 1 of each fiscal year; SEC. 2. DEFINITIONS. prioritize the investigation and prosecution (2) if a concurrent resolution on the budget For the purposes of this Act— of individuals who have an aggravating or and all the regular appropriations bills are (1) the term ‘‘firearms offenses’’ means an leadership role in a criminal or not approved by October 1 of each fiscal offense under section 922 or 924 of title 18, transnational organization described in sub- year, no funds should be appropriated or oth- United States Code; section (c). erwise be made available from the Treasury (2) the term ‘‘Program’’ means the Project SEC. 6. AUTHORIZATION OF APPROPRIATIONS. of the United States for the pay of any Mem- Safe Neighborhoods Block Grant Program There are authorized to be appropriated to ber of Congress during any period after Octo- established under section 3; and the Attorney General to carry out the Pro- ber 1 that a concurrent resolution on the (3) the term ‘‘transnational organized gram $50,000,000 for each of fiscal years 2019 budget and all the regular appropriations crime group’’ has the meaning given such through 2021. bills are not completed; and term in section 36(k)(6) of the State Depart- (3) no retroactive pay should be provided to ment Basic Authorities Act of 1956 (22 U.S.C. any Member of Congress for any period for 2708(k)(6)). f which pay is not made available as described SEC. 3. ESTABLISHMENT. in paragraph (2). The Attorney General of the United States AUTHORITY FOR COMMITTEES TO is authorized to establish and carry out a MEET SA 2244. Mr. MCCONNELL (for Mr. program, to be known as the ‘‘Project Safe TILLIS) proposed an amendment to the Neighborhoods Block Grant Program’’ with- Mr. WICKER. Mr. President, I have 10 bill H.R. 2772, to amend title 38, United in the Office of Justice Programs at the De- requests for committees to meet during States Code, to provide for require- partment of Justice. today’s session of the Senate. They ments relating to the reassignment of SEC. 4. PURPOSE. have the approval of the Majority and Department of Veterans Affairs senior (a) PROJECT SAFE NEIGHBORHOODS BLOCK Minority leaders. executive employees; as follows: GRANT PROGRAM.—The purpose of the Pro- Pursuant to rule XXVI, paragraph gram is to foster and improve existing part- Strike all after the enacting clause and in- 5(a), of the Standing Rules of the Sen- nerships between Federal, State, and local ate, the following committees are au- sert the following: agencies, including the United States Attor- SECTION 1. SHORT TITLE. ney in each Federal judicial district, entities thorized to meet during today’s session This Act may be cited as the ‘‘Department representing members of the community af- of the Senate: of Veterans Affairs Senior Executive Ac- fected by increased violence, victims’ advo- COMMITTEE ON COMMERCE, SCIENCE, AND countability Act of 2018’’ or the ‘‘SEA Act of cates, and researchers to create safer neigh- TRANSPORTATION 2018’’. borhoods through sustained reductions in The Committee on Commerce, SEC. 2. SEMIANNUAL REPORTS ON REASSIGN- violent crimes by— Science, and Transportation is author- MENT OF DEPARTMENT OF VET- (1) developing and executing comprehen- ized to meet during the session of the ERANS AFFAIRS SENIOR EXECUTIVE sive strategic plans to reduce violent crimes, EMPLOYEES. including the enforcement of gun laws, and Senate on Wednesday, May 16, 2018, at (a) IN GENERAL.—Subchapter I of chapter 7 prioritizing efforts focused on identified sub- 10 a.m. to conduct a hearing on the fol- of title 38, United States Code, is amended by sets of individuals or organizations respon- lowing nominations: Joseph Ryan adding at the end the following new section: sible for increasing violence in a particular Gruters, of Florida, to be a Director of ‘‘§ 727. Reassignment of senior executives geographic area; the Amtrak Board of Directors, Jen- ‘‘(a) APPROVAL OF REASSIGNMENTS.—No in- (2) developing evidence-based and data- nifer L. Homendy, of Virginia, to be a dividual employed in a senior executive posi- driven intervention and prevention initia- Member of the National Transpor- tion at the Department may be reassigned to tives, including juvenile justice projects and tation Safety Board, and Heidi R. King, another such position at the Department un- activities which may include street-level less such reassignment is approved in writ- outreach, conflict mediation, provision of of California, to be Administrator of ing and signed by the Secretary. treatment and social services, and the the National Highway Traffic Safety ‘‘(b) SEMIANNUAL REPORTS REQUIRED.—(1) changing of community norms, in order to Administration, Department of Trans- Not later than June 30 and December 31 of reduce violence; and portation.

VerDate Sep 11 2014 03:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.030 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2731 COMMITTEE ON FOREIGN RELATIONS MEASURE PLACED ON THE (5) The Department of Justice. The Committee on Foreign Relations CALENDAR—S. 2850 (c) DUTIES.—The Working Group shall consider the following: is authorized to meet during the ses- Mr. MCCONNELL. Mr. President, I sion of the Senate on Wednesday, May (1) What activity constitutes different acts understand there is a bill at the desk of sexual violence. 16, 2018, at 10 a m. to conduct a hearing. that is due for a second reading. (2) Whether reports that use the same COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. The terms for acts of sexual violence are col- The Committee on Foreign Relations clerk will read the bill by title for the lecting the same data on these acts. is authorized to meet during the ses- second time. (3) Whether the context which lead to an sion of the Senate on Wednesday, May The bill clerk read as follows: act of sexual violence should impact how 16, 2018, to conduct a hearing entitled that act is accounted for in reports. A bill (S. 2850) to amend the White Moun- (4) Whether the data collected is presented ‘‘Authorizing the Use of Military tain Apache Tribe Water Rights Quantifica- in a way that allows the general public to Force: S.J. Res 59.’’ tion Act of 2010 to clarify the use of amounts understand what acts of sexual violence are COMMITTEE ON INDIAN AFFAIRS in the WMAT Settlement Fund. included in each measurement. The Committee on Indian Affairs is Mr. MCCONNELL. Mr. President, in (5) Steps that agencies that compile re- authorized to meet during the session order to place the bill on the calendar ports relating to sexual violence can take to of the Senate on Wednesday, May 16, under the provisions of rule XIV, I ob- avoid double counting incidents of sexual vi- ject to further proceedings. olence. 2018, at 2:30 p.m. to conduct a hearing (d) REPORT REQUIRED.—Not later than 2 entitled ‘‘Protecting the Next Genera- The PRESIDING OFFICER. Objec- years after the date of the enactment of this tion: Safety and Security at Bureau of tion having been heard, the bill will be Act, the Working Group shall publish and Indian Education Schools.’’ placed on the calendar. submit to Congress a report on the following: COMMITTEE ON INDIAN AFFAIRS f (1) The activities of the Working Group. The Committee on Indian Affairs is (2) Recommendations to harmonize Fed- IMPROVE DATA ON SEXUAL eral efforts to collect data on sexual vio- authorized to meet during the session VIOLENCE ACT lence. of the Senate on Wednesday, May 16, (3) Actions Federal agencies can take to 2018, at 2:30 p.m. to conduct a hearing Mr. MCCONNELL. Mr. President, I implement the recommendations described COMMITTEE ON THE JUDICIARY ask unanimous consent that the Sen- in paragraph (2). The Committee on the Judiciary is ate proceed to the immediate consider- (4) Recommendations for congressional ac- authorized to meet during the session ation of Calendar No. 395, S. 2349. tion to implement the recommendations de- The PRESIDING OFFICER. The scribed in paragraph (2). of the Senate on Wednesday, May 16, (e) TERMINATION.—The Working Group 2018, at 10 a.m. to conduct a hearing en- clerk will report the bill by title. The bill clerk read as follows: shall terminate 30 days after the date on titled ‘‘Cambridge Analytica and the which the report is submitted pursuant to Future of Data Privacy’’. A bill (S. 2349) to direct the Director of the subsection (d). Office of Management and Budget to estab- (f) DEFINITIONS.—In this Act: JOINT COMMITTEE ON THE LIBRARY lish an interagency working group to study The Joint Committee on the Library (1) HARMONIZE.—The term ‘‘harmonize’’ in- Federal efforts to collect data on sexual vio- cludes efforts to coordinate sexual violence is authorized to meet during the ses- lence and to make recommendations on the data collection to produce complementary sion of the Senate on Wednesday, May harmonization of such efforts, and for other information, as appropriate, without com- 16, 2018, at 3.30 p.m. to conduct a hear- purposes. promising programmatic needs. ing. There being no objection, the Senate (2) SEXUAL VIOLENCE.—The term ‘‘sexual JOINT COMMITTEE ON PRINTING proceeded to consider the bill. violence’’ includes an unwanted sexual act The Joint Committee on Printing is Mr. MCCONNELL. Mr. President, I (including both contact and non-contact) ask unanimous consent that the bill be about which the Federal Government col- authorized to meet during the session lects information. of the Senate on Wednesday, May 16, considered read a third time and 2018, at 3:45 p m. to conduct a hearing. passed, and the motion to reconsider be f SELECT COMMITTEE ON INTELLIGENCE considered made and laid upon the PROJECT SAFE NEIGHBORHOODS The Select Committee on Intel- table. The PRESIDING OFFICER. Without GRANT PROGRAM AUTHORIZA- ligence is authorized to meet during TION ACT OF 2017 the session of the Senate on Thursday, objection, it is so ordered. May 10, 2018, at 9:15 a.m. to conduct a The bill (S. 2349) was ordered to be Mr. MCCONNELL. Mr. President, I closed hearing. engrossed for a third reading, was read ask unanimous consent that the Com- the third time, and passed, as follows: SUBCOMMITTEE ON SPACE, SCIENCE, AND mittee on the Judiciary be discharged S. 2349 COMPETITIVENESS from further consideration of H.R. 3249 The Subcommittee on Space, Be it enacted by the Senate and House of Rep- and the Senate proceed to its imme- Science, and Competitiveness of the resentatives of the United States of America in diate consideration. Congress assembled, Committee on Commerce, Science, and The PRESIDING OFFICER. Without Transportation is authorized to meet SECTION 1. SHORT TITLE. objection, it is so ordered. This Act may be cited as the ‘‘Improve The clerk will report the bill by title. during the session of the Senate on Data on Sexual Violence Act’’. Wednesday, May 16, 2018, at 2:30 p.m. to The bill clerk read as follows: SEC. 2. INTERAGENCY WORKING GROUP TO A bill (H.R. 3249) to authorize the Project conduct a hearing. STUDY FEDERAL EFFORTS TO COL- LECT DATA ON SEXUAL VIOLENCE. Safe Neighborhoods Grant Program, and for other purposes. f (a) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this There being no objection, the Senate PRIVILEGES OF THE FLOOR Act, the Director of the Office of Manage- proceeded to consider the bill. Mr. BLUMENTHAL. Mr. President, I ment and Budget shall establish an inter- Mr. MCCONNELL. Mr. President, I ask unanimous consent that my legis- agency working group (in this section re- ask unanimous consent that the Cor- ferred to as the ‘‘Working Group’’) to study nyn substitute amendment at the desk lative fellow Collin Anderson be grant- Federal efforts to collect data on sexual vio- ed floor privileges until the end of June lence and to make recommendations on the be considered and agreed to, and the 2018. harmonization of such efforts. bill, as amended, be considered read a The PRESIDING OFFICER. Without (b) COMPOSITION.—The Working Group third time. objection, it is so ordered. shall be comprised of at least one representa- The PRESIDING OFFICER. Without Mr. MERKLEY. Mr. President, I ask tive from the following agencies, who shall objection, it is so ordered. unanimous consent that my intern, be selected by the head of that agency: The amendment (No. 2245) in the na- Anabel Moreno-Mendez, be granted (1) The Centers for Disease Control and ture of a substitute was agreed to, as Prevention. follows: privileges of the floor for the remain- (2) The Department of Defense. der of the day. (3) The Department of Education. (Purpose: In the nature of a substitute) The PRESIDING OFFICER. Without (4) The Department of Health and Human Strike all after the enacting clause and in- objection, it is so ordered. Services. sert the following:

VerDate Sep 11 2014 03:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.033 S16MYPT1 S2732 CONGRESSIONAL RECORD — SENATE May 16, 2018 SECTION 1. SHORT TITLE. fenses, human trafficking, and drug traf- tion at the Department may be reassigned to This Act may be cited as the ‘‘Project Safe ficking. another such position at the Department un- Neighborhoods Grant Program Authoriza- (d) PRIORITY.—Amounts made available as less such reassignment is approved in writ- tion Act of 2018’’. grants under the Program shall be used to ing and signed by the Secretary. SEC. 2. DEFINITIONS. prioritize the investigation and prosecution ‘‘(b) SEMIANNUAL REPORTS REQUIRED.—(1) For the purposes of this Act— of individuals who have an aggravating or Not later than June 30 and December 31 of (1) the term ‘‘firearms offenses’’ means an leadership role in a criminal or each year, the Secretary shall submit to offense under section 922 or 924 of title 18, transnational organization described in sub- Congress a report on the reassignment of in- United States Code; section (c). dividuals employed in senior executive posi- (2) the term ‘‘Program’’ means the Project SEC. 6. AUTHORIZATION OF APPROPRIATIONS. tions at the Department to other such posi- Safe Neighborhoods Block Grant Program There are authorized to be appropriated to tions at the Department during the period established under section 3; and the Attorney General to carry out the Pro- covered by the report. (3) the term ‘‘transnational organized gram $50,000,000 for each of fiscal years 2019 ‘‘(2) Each report submitted under para- crime group’’ has the meaning given such through 2021. graph (1) shall describe the purpose of each term in section 36(k)(6) of the State Depart- The amendment was ordered to be reassignment and the costs associated with ment Basic Authorities Act of 1956 (22 U.S.C. engrossed and the bill to be read a such reassignment. ‘‘(3) For purposes of paragraph (2), costs as- 2708(k)(6)). third time. SEC. 3. ESTABLISHMENT. sociated with a reassignment may only in- The bill was read the third time. clude the following: The Attorney General of the United States Mr. MCCONNELL. Mr. President, I is authorized to establish and carry out a ‘‘(A) A salary increase. know of no further debate on the bill. ‘‘(B) Temporary travel expenses for the in- program, to be known as the ‘‘Project Safe The PRESIDING OFFICER. The bill Neighborhoods Block Grant Program’’ with- dividual or the family of the individual. in the Office of Justice Programs at the De- having been read the third time, the ‘‘(C) Moving expenses. partment of Justice. question is, Shall the bill pass? ‘‘(D) A paid incentive. ‘‘(c) SENIOR EXECUTIVE POSITION DEFINED.— SEC. 4. PURPOSE. The bill (H.R. 3249), as amended, was In this section, the term ‘senior executive (a) PROJECT SAFE NEIGHBORHOODS BLOCK passed. position’ has the meaning given such term in GRANT PROGRAM.—The purpose of the Pro- Mr. MCCONNELL. Mr. President, I section 713(d) of this title.’’. gram is to foster and improve existing part- ask unanimous consent that the mo- (b) CLERICAL AMENDMENT.—The table of nerships between Federal, State, and local tion to reconsider be considered made sections at the beginning of such chapter is agencies, including the United States Attor- and laid upon the table. amended by inserting after the item relating ney in each Federal judicial district, entities The PRESIDING OFFICER. Without to section 725 the following new item: representing members of the community af- objection, it is so ordered. fected by increased violence, victims’ advo- ‘‘727. Reassignment of senior executives.’’. cates, and researchers to create safer neigh- f The amendment was ordered to be borhoods through sustained reductions in VA SENIOR EXECUTIVE engrossed and the bill to be read a violent crimes by— ACCOUNTABILITY ACT third time. (1) developing and executing comprehen- The bill was read the third time. sive strategic plans to reduce violent crimes, Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Com- The bill (H.R. 2772), as amended, was including the enforcement of gun laws, and passed. prioritizing efforts focused on identified sub- mittee on Veterans’ Affairs be dis- sets of individuals or organizations respon- charged from further consideration of f sible for increasing violence in a particular H.R. 2772 and the Senate proceed to its AUTHORIZING THE SECRETARY OF geographic area; immediate consideration. VETERANS AFFAIRS TO FURNISH (2) developing evidence-based and data- The PRESIDING OFFICER. Without driven intervention and prevention initia- ASSISTANCE FOR ADAPTATIONS objection, it is so ordered. OF RESIDENCES OF VETERANS tives, including juvenile justice projects and The clerk will report the bill by title. activities which may include street-level IN REHABILITATION PROGRAMS outreach, conflict mediation, provision of The bill clerk read as follows: A bill (H.R. 2772) to amend title 38, United Mr. MCCONNELL. Mr. President, I treatment and social services, and the ask unanimous consent that the Com- changing of community norms, in order to States Code, to provide for requirements re- reduce violence; and lating to the reassignment of Department of mittee on Veterans’ Affairs be dis- (3) collecting data on outcomes achieved Veterans Affairs senior executive employees. charged from further consideration of through the Program, including the effect on There being no objection, the Senate H.R. 3562 and the Senate proceed to its the violent crime rate, incarceration rate, proceeded to consider the bill. immediate consideration. and recidivism rate of the jurisdiction. Mr. MCCONNELL. I ask unanimous The PRESIDING OFFICER. Without (b) ADDITIONAL PURPOSE AREAS.—In addi- consent that the Tillis substitute objection, it is so ordered. tion to the purpose described in subsection amendment at the desk be considered The clerk will report the bill by title. (a), the Attorney General may use funds au- The bill clerk read as follows: thorized under this Act for any of the fol- and agreed to, the bill, as amended, be lowing purposes— considered read a third time and A bill (H.R. 3562) to amend title 38, United (1) competitive and evidence-based pro- passed, and the motion to reconsider be States Code, to authorize the Secretary of grams to reduce gun crime and gang vio- considered made and laid upon the Veterans Affairs to furnish assistance for ad- lence; table. aptations of residences of veterans in reha- (2) the Edward Byrne criminal justice inno- bilitation programs under chapter 31 of such The PRESIDING OFFICER. Without title, and for other purposes. vation program; objection, it is so ordered. (3) community-based violence prevention The amendment (No. 2244) in the na- There being no objection, the Senate initiatives; or ture of a substitute was agreed to, as proceeded to consider the bill. (4) gang and youth violence education, pre- follows: Mr. MCCONNELL. I ask unanimous vention and intervention, and related activi- consent that the bill be considered read (Purpose: In the nature of a substitute) ties. a third time and passed and the motion SEC. 5. RULES AND REGULATIONS. Strike all after the enacting clause and insert the following: to reconsider be considered made and (a) IN GENERAL.—The Attorney General laid upon the table. shall issue guidance to create, carry out, and SECTION 1. SHORT TITLE. administer the Program in accordance with This Act may be cited as the ‘‘Department The PRESIDING OFFICER. Without this section. of Veterans Affairs Senior Executive Ac- objection, it is so ordered. (b) FUNDS TO BE DIRECTED TO LOCAL CON- countability Act of 2018’’ or the ‘‘SEA Act of The bill (H.R. 3562) was ordered to a TROL.—Amounts made available as grants 2018’’. third reading, was read the third time, under the Program shall be, to the greatest SEC. 2. SEMIANNUAL REPORTS ON REASSIGN- and passed. extent practicable, locally controlled to ad- MENT OF DEPARTMENT OF VET- f dress problems that are identified locally. ERANS AFFAIRS SENIOR EXECUTIVE (c) TASK FORCES.—Thirty percent of the EMPLOYEES. SMITHSONIAN NATIONAL ZOOLOG- amounts made available as grants under the (a) IN GENERAL.—Subchapter I of chapter 7 ICAL PARK CENTRAL PARKING of title 38, United States Code, is amended by Program each fiscal year shall be granted to FACILITY AUTHORIZATION ACT Gang Task Forces in regions experiencing a adding at the end the following new section: significant or increased presence of criminal ‘‘§ 727. Reassignment of senior executives Mr. MCCONNELL. Mr. President, I or transnational organizations engaging in ‘‘(a) APPROVAL OF REASSIGNMENTS.—No in- ask unanimous consent that the Com- high levels of violent crime, firearms of- dividual employed in a senior executive posi- mittee on Rules and Administration be

VerDate Sep 11 2014 04:02 May 17, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A16MY6.045 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — SENATE S2733 discharged from further consideration Mr. MCCONNELL. I ask unanimous adjourn until 9:30 a.m., Thursday, May of H.R. 4009 and the Senate proceed to consent that the concurrent resolution 17; further, that following the prayer its immediate consideration. be agreed to and the motion to recon- and pledge, the morning hour be The PRESIDING OFFICER. Without sider be considered made and laid upon deemed expired, the Journal of pro- objection, it is so ordered. the table with no intervening action or ceedings be approved to date, the time The clerk will report the bill by title. debate. for the two leaders be reserved for their The bill clerk read as follows: The PRESIDING OFFICER. Without use later in the day, and morning busi- A bill (H.R. 4009) to authorize the Board of objection, it is so ordered. ness be closed. Finally, I ask that fol- Regents of the Smithsonian Institution to The concurrent resolution (H. Con. lowing leader remarks, Senator PAUL plan, design, and construct a central parking facility on National Zoological Park prop- Res. 112) was agreed to. be recognized under the previous order. erty in the District of Columbia. f The PRESIDING OFFICER. Without There being no objection, the Senate RESOLUTIONS SUBMITTED TODAY objection, it is so ordered. proceeded to consider the bill. Mr. MCCONNELL. I ask unanimous Mr. MCCONNELL. Mr. President, I f consent that the bill be considered read ask unanimous consent that the Sen- a third time and passed and the motion ate proceed to the en bloc consideration of the following Senate resolu- ADJOURNMENT UNTIL 9:30 A.M. to reconsider be considered made and TOMORROW laid upon the table. tions, which were submitted earlier The PRESIDING OFFICER. Without today: S. Res. 512, S. Res. 513, and S. Mr. MCCONNELL. Mr. President, if objection, it is so ordered. Res. 514. there is no further business to come be- The bill (H.R. 4009) was ordered to a There being no objection, the Senate fore the Senate, I ask unanimous con- third reading, was read the third time, proceeded to consider the resolutions sent that it stand adjourned under the and passed. en bloc. previous order. f Mr. MCCONNELL. I ask unanimous There being no objection, the Senate, AUTHORIZING USE OF consent that the resolutions be agreed at 6:47 p.m., adjourned until Thursday, EMANCIPATION HALL to, the preambles be agreed to, and the May 17, 2018, at 9:30 a.m. motions to reconsider be considered Mr. MCCONNELL. Mr. President, I made and laid upon the table, all en f ask unanimous consent that the Sen- bloc. ate proceed to the immediate consider- The PRESIDING OFFICER. Without ation of H. Con. Res. 112, which was re- objection, it is so ordered. CONFIRMATIONS ceived from the House. The resolutions were agreed to. The PRESIDING OFFICER. The Executive nominations confirmed by The preambles were agreed to. clerk will report the concurrent resolu- the Senate May 16, 2018: (The resolutions, with their pre- tion by title. DEPARTMENT OF EDUCATION ambles, are printed in today’s RECORD The bill clerk read as follows: MITCHELL ZAIS, OF SOUTH CAROLINA, TO BE DEPUTY A concurrent resolution (H. Con. Res. 112) under ‘‘Submitted Resolutions.’’) SECRETARY OF EDUCATION. authorizing the use of Emancipation Hall in f IN THE COAST GUARD the Capitol Visitor Center for an event to ORDERS FOR THURSDAY, MAY 17, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT celebrate the birthday of King Kamehameha AS VICE COMMANDANT, UNITED STATES COAST GUARD, I. 2018 AND TO THE GRADE INDICATED UNDER TITLE 14, U.S.C., There being no objection, the Senate Mr. MCCONNELL. Mr. President, I SECTION 47: proceeded to consider the concurrent ask unanimous consent that when the To be admiral resolution. Senate completes its business today, it VICE ADM. CHARLES W. RAY

VerDate Sep 11 2014 03:13 May 17, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 9801 E:\CR\FM\G16MY6.060 S16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E657 EXTENSIONS OF REMARKS

RECOGNIZING PATRICIA demonstrate the value of water and reveal develop the nationally-recognized ‘‘Stepping SPOONHEIM water-related risks so customers can make Stones to a Jewish Me’’ program, intended to better informed decisions. Together, these in- help children of interfaith marriages under- HON. GREG GIANFORTE novations are helping customers improve stand the faith of their Jewish parent. Rabbi OF MONTANA water and energy use while preserving natural Hart has also been a leader in the national resources. Notably, the company helped cus- Jewish community, serving on the National IN THE HOUSE OF REPRESENTATIVES tomers conserve 171 billion gallons of water in Commission on Reform Jewish Outreach of Wednesday, May 16, 2018 2017, and aims for 300 billion gallons of water the Central Conference of American Rabbis Mr. GIANFORTE. Mr. Speaker, I rise today conserved annually by 2030. and the Union for Reform Judaism. Rabbi Hart to honor a Montana musician known and Ecolab, Inc. is an international leader in ad- also serves on the Executive Committee of the loved by hundreds of thousands of fans in vancing global water stewardship through part- Chicago Association of Reform Rabbis. Montana and across the world. nerships aimed at conserving natural re- A resident of Buffalo Grove, Rabbi Hart is That’s no exaggeration, because she has sources. Ecolab, Inc. partners with non-gov- married to his wife, Mendy and together are played in one iconic Montana establishment ernmental organizations, such as the World the proud parents of two daughters, Lani and for 55 years. Wildlife Fund and The Nature Conservancy to Dena. Patricia Spoonheim, better known as Piano help advance water conservation and steward- I want to thank Rabbi Hart for 25 years of Pat, began playing keyboards at the Sip ’n Dip ship initiatives throughout the world. Ecolab, committed service, dedicated leadership, vi- Lounge in Great Falls in 1963. Travel publica- Inc. has also demonstrated international lead- sion and passion. On behalf of Illinois’ Tenth tions acclaim the Sip ’n Dip as a ‘‘must see’’ ership as a founding partner of the Alliance for Congressional District, I wish Rabbi Hart the in Montana, and Piano Pat is one of the rea- Water Stewardship’s Water Stewardship very best in his well-deserved retirement with sons. Standard, a globally consistent and locally family and friends. Pat was born and raised along Montana’s adaptable framework to inform decisions and f Hi-Line in the 1930s. Even during harsh win- to promote sustainable freshwater use. ters, Pat’s mother would drive her over 80 Mr. Speaker and distinguished colleagues, LAKE COUNTY PARKS AND miles roundtrip for piano lessons. She began please join me in celebrating this special occa- RECREATION 50TH ANNIVERSARY playing professionally at the age of 14. sion and congratulating Ecolab, Inc. on win- Pat worked multiple jobs and played several ning the WEC’s Gold Medal for International HON. PETER J. VISCLOSKY nights a week to support her family. Now into Corporate Achievement in Sustainable Devel- OF INDIANA her 80s, Piano Pat still enjoys what she does. opment. IN THE HOUSE OF REPRESENTATIVES She teaches her grandchildren piano and con- f Wednesday, May 16, 2018 tinues to work nights at the Sip ’n Dip. The one song she says she particularly loves per- RECOGNIZING RABBI STEPHEN Mr. VISCLOSKY. Mr. Speaker, it is with forming is ‘‘Try a Little Tenderness.’’ HART great respect that I take this time to congratu- Television networks and national publica- late Lake County Parks and Recreation, as tions have profiled Piano Pat. A cable tele- HON. BRADLEY SCOTT SCHNEIDER the organization celebrates its 50th anniver- vision channel recently featured her to rep- OF ILLINOIS sary. For half a century, the parks department resent Montana in a series titled ‘‘Her Amer- IN THE HOUSE OF REPRESENTATIVES has enhanced the lives of the residents and ica: 50 Women, 50 States.’’ visitors of Northwest Indiana. In recognition of Wednesday, May 16, 2018 Her music and spirit have entertained count- this milestone, the organization will be cele- less Montanans and visitors from across the Mr. SCHNEIDER. Mr. Speaker, I rise today brating with numerous programs and events globe. It is my honor to recognize Patricia in recognition of my friend and a pillar in our throughout 2018. Spoonheim for entertaining patrons of the Sip community, Rabbi Stephen Hart. Rabbi Hart is On June 1, 1968, Lake County Parks and ’n Dip and for representing our Montana way retiring from his position as senior Rabbi after Recreation was created by the Lake County of life. 25 years of dedicated and distinguished serv- Council. Back then, the department was work- f ice to Temple Chai in Long Grove, Illinois. ing with nothing more than a dirt road running Stephen Hart was born and raised in Chi- through two-hundred acres of land. However, CONGRATULATING ECOLAB, INC. cago where he attended Sinai Congregation in the group’s leaders, members, and volunteers ON WINNING THE WORLD ENVI- Hyde Park. He spent his young summers as had a vision for Lake County Parks and RONMENT CENTER’S 34TH AN- at Olin Sang Ruby Union Institute camp, build- Recreation to provide a place for residents NUAL GOLD MEDAL AWARD ing on the Jewish identity establish by his fam- and guests to enjoy nature, host family gath- ily. erings, ride their bikes, accommodate chil- HON. PETER J. ROSKAM After completing his undergraduate degree dren’s activities, and conserve land. OF ILLINOIS at Spertus College, he pursued his Rabbinic Throughout the years, Lake County Parks IN THE HOUSE OF REPRESENTATIVES ordination from Hebrew Union College. He ini- and Recreation has surpassed its goals and tially served as a rabbi at North Shore Con- exceeded its expectations, and it continues to Wednesday, May 16, 2018 gregation Israel in Glencoe for six years be- progress. Today, Lake County maintains elev- Mr. ROSKAM. Mr. Speaker, I rise today to fore joining Temple Chai. en parks and has preserved thousands of congratulate Ecolab, Inc. on winning the World Over the course of his quarter century with acres of open space, natural areas, historic Environment Center’s (WEC) 34th Annual Temple Chai, Rabbi Hart has nurtured an in- sites, and trails. Due to the hard work and Gold Medal Award. The WEC Gold Medal is clusive community that celebrates the full dedication of its numerous employees, volun- one of the most prestigious forms of recogni- cycle of Jewish life and inspires lifelong learn- teers, and elected officials, the department tion for commitment to the practice of sustaining, community service and a love of Israel. has exceeded all expectations. With over one able development. He has served his congregation, and indeed million people visiting the park sites yearly, the This week, Doug Baker, the chairman and our broader local community with distinction, organization truly adds to the quality of life in CEO of Ecolab, Inc., will receive on behalf of leading by example through his keen under- Northwest Indiana. the company the WEC’s Gold Medal for Inter- standing of Jewish values and dedication to Lake County Parks and Recreation is recog- national Corporate Achievement in Sustain- active outreach and youth engagement. nized by the State of Indiana as being a pro- able Development. Ecolab, Inc. was selected Rabbi Hart has long been dedicated to com- gressive department. The organization pro- because of its commitment to global water munity outreach. Early in his career, while at vides numerous innovative educational and conservation, and its development of tools that North Shore Congregation Israel, he helped cultural programs for children and adults. In

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

VerDate Sep 11 2014 04:01 May 17, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K16MY8.001 E16MYPT1 E658 CONGRESSIONAL RECORD — Extensions of Remarks May 16, 2018 addition, through its efforts to restore and tute and motivates both youth and adults to for seventy-five years of dedicated, out- manage forested properties, wetlands, and make improvements in schools and homes in standing and invaluable service to the commu- prairies, the department holds storm waters, the area. In addition to the church’s service in nity. improves water and air quality, protects en- Mexico, they also participate in Solehope, f dangered species, and helps to maintain nat- which provides shoes to children in Uganda. ural habitats. Lake County Parks and Recre- In Kenya, the church supports Happy Life MICHAEL MARTINEZ ation has won numerous awards and acco- Children’s Home, which helps to find homes lades for its great works, and it is certainly for abandoned children. These missions and HON. ED PERLMUTTER worthy of each and every honor. services that the church participates in locally OF COLORADO Mr. Speaker, I ask that you and my other and globally show their dedication to uplifting IN THE HOUSE OF REPRESENTATIVES distinguished colleagues join me in congratu- communities. Wednesday, May 16, 2018 lating Lake County Parks and Recreation on Mr. Speaker, it is my honor to recognize the its 50th anniversary. For the past fifty years, dedication and commitment to compassion Mr. PERLMUTTER. Mr. Speaker, I rise the leadership, employees, and volunteers of and justice that the Congregational Church of today to recognize and applaud Michael Mar- the department have enhanced the lives of Soquel provides to the 20th Congressional tinez for receiving the Arvada Wheat Ridge countless individuals through their unwavering District. We are fortunate to have an institution Service Ambassadors for Youth award. commitment to the community of Northwest In- like the Congregational Church of Soquel call Michael Martinez is a student at Standley diana, and they are worthy of the highest the central coast of California home. I ask my Lake High School and received this award be- praise. colleagues to join me in celebrating the 150th cause his determination and hard work have f Anniversary of the Congregational Church of allowed him to overcome adversities. Soquel. The dedication demonstrated by Michael HONORING THE CONGREGATIONAL f Martinez is exemplary of the type of achieve- CHURCH OF SOQUEL ment that can be attained with hard work and IN RECOGNITION OF THE ASSIST- perseverance. It is essential students at all HON. JIMMY PANETTA ANCE LEAGUE OF GLENDALE’S levels strive to make the most of their edu- 75TH ANNIVERSARY OF CALIFORNIA cation and develop a work ethic which will IN THE HOUSE OF REPRESENTATIVES guide them for the rest of their lives. HON. ADAM B. SCHIFF I extend my deepest congratulations to Mi- Wednesday, May 16, 2018 OF CALIFORNIA chael Martinez for winning the Arvada Wheat Mr. PANETTA. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES Ridge Service Ambassadors for Youth award. recognize and celebrate the 150th Anniversary Wednesday, May 16, 2018 I have no doubt he will exhibit the same dedi- of the Congregational Church of Soquel. Es- Mr. SCHIFF. Mr. Speaker, I rise today to cation and character in all of his future accom- tablished in May of 1868, the Congregational honor the Assistance League of Glendale plishments. Church of Soquel has built a legacy of pro- upon its seventy-fifth anniversary. f viding a safe and supportive environment for The Assistance League of Glendale began CONGRATULATING GUNNERY SER- many of my constituents in the 20th Congres- with a small group of women dedicated to per- sional District of California. The church has a GEANT JEREMY L. LONG ON HIS forming selfless acts for the local community RETIREMENT history of service and sanctuary, while actively and has since developed into a multifaceted engaging in acts of compassion, justice, and a philanthropic organization targeted at providing sense of responsibility. aid to women, men and children in need of HON. PETE OLSON The Congregational Church of Soquel—also guidance, assistance and care. The members OF TEXAS known as the Little White Church in the work to ensure that the needs of children and IN THE HOUSE OF REPRESENTATIVES Vale—has served as a pillar of the Soquel seniors in Glendale are met with care and re- Wednesday, May 16, 2018 community since it was first organized by spect, and dedicate thousands of hours to im- Joshua and Narcissa Parrish in 1868. The prove the city. Mr. OLSON. Mr. Speaker, on behalf of the Church, both as a brick-and-mortar institution Committed to promoting education and en- United States Congress, it is an honor for me and as a family, persevered through many ad- riching the lives of students, the Assistance to rise today in recognition of the forthcoming versities while maintaining a sense of service League of Glendale provides clothing to ele- retirement of Gunnery Sergeant Jeremy L. to the community. The Church has repeatedly mentary school children in need, reading sup- Long on June 30, 2018. served as a shelter and temporary fire station port and books, as well as thousands of dol- GySgt Jeremy Long has served the United during natural disasters. Even through the lars in scholarships for students graduating States Marine Corps with honor and distinction 1989 Loma Prieta earthquake which dev- from high schools and college in Glendale. for twenty years. A career of such longevity in astated much of our community, the Church In addition to its exceptional work for young support of our national security is, in itself, an remained indomitable. students, the Assistance League of Glendale accomplishment worthy of recognition. GySgt The Church not only provides opportunities provides social programs and meals for sen- Long has accomplished extraordinary achieve- for satisfying spiritual needs, but also works to iors, weekly training for developmentally chal- ments during his exceptional career that de- provide tangible solutions to community lenged adults to learn vocational skills, and mands more than just recognition of a grateful needs, including hunger and homelessness. quality pre-owned merchandise as well as nation. He has earned the respect of count- Currently, the Church fulfills its mission of ad- clothing at affordable prices. less fellow Marines that have benefited from dressing food insecurity and homelessness This volunteer-driven organization continues his leadership and technical expertise in six through its partnership with many crucial orga- its mission to assist and uplift as it strives to different military occupational specialties and nizations in my district such as Meals on address the increasing needs of the commu- the adulation of millions, who he has never Wheels, the Second Harvest Food Bank, and nity with innovative, dynamic and creative phil- met, but who benefited from his service none- the Homeless Services Center. In addition, the anthropic programs that promote emotional theless. church also partners with The Great Chili and physical well-being, and over the years Jeremy Long’s Human Intelligence occupa- Cook-Off, which supports the Mid-County has evolved to meet the shifting needs of the tional specialty put him directly into harm’s Homeless Coalition—Shower Trailer Program. community. way on multiple deployments into the most Through these partnerships, local organiza- The Assistance League of Glendale serves dangerous battlefields of his generation. tions can ensure that many of those in need as a brilliant example of the power of vol- GySgt Long deployed to Iraq three times. First are provided with emergency food and hous- unteerism and what people can do when in- to Mahmudiyyah in 2003, then Husaybah in ing. spired to connect with others in the spirit of 2004 and again in 2005 with the 13th Marine The Church not only looks for opportunities humanitarianism. The time, effort, and care Expeditionary Unit (Special Operations Capa- to help within our community, but also beyond that the organization has given to the commu- ble). Later, he deployed to Afghanistan three our country’s borders. The Church continues nity is outstanding, and the residents of Glen- more times. First, with the 1st Marine Special to address food insecurity internationally dale and the greater Los Angeles area have Operations Battalion (MSOB) in 2007 to through its work with the Panamerican Insti- benefited greatly from their work. Helmand Province, again in 2009 with the 1st tute in Tijuana, Mexico. There, the Church I ask all Members to join with me in com- MSOB in 2009 and finally with the Special Op- provides food baskets for families of the Insti- mending the Assistance League of Glendale erations Task Force-81 in 2012.

VerDate Sep 11 2014 04:01 May 17, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K16MY8.004 E16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E659 GySgt Long has served his country in some May 15, 2018. Had I been present, I would May 15, 2018. Had I been present, I would of the most dangerous places in the world. He have voted Yea. have voted YEA on Roll Call No. 181; YEA on has also dedicated significant effort developing f Roll Call No. 182; and YEA on Roll Call No. the necessary skills that enabled him to be an 183. BUFFALO BILL DAYS enormous asset and enabler for the units he f served. For example, he spent 52 weeks learning the Pashtu language, an extremely HON. ED PERLMUTTER CONGRATULATING THE NORTH difficult language to learn. He attended other OF COLORADO COUNTRY MISSION OF HOPE ON schools such as the very intense and difficult IN THE HOUSE OF REPRESENTATIVES ITS 20TH ANNIVERSARY Survival Evasion Resistance and Escape Wednesday, May 16, 2018 course (SERE), Technical Surveillance Mr. PERLMUTTER. Mr. Speaker, I rise HON. ELISE M. STEFANIK OF NEW YORK Sciences Course, the Close Quarters Battle today to recognize Buffalo Bill Days for receiv- courses and Electronic Surveillance courses. ing the Golden Rotary Ethics in Business IN THE HOUSE OF REPRESENTATIVES Finally, as a Command Counterintelligence Award. Wednesday, May 16, 2018 Staff Officer assigned to the Marine Corps The Ethics in Business Award was estab- Embassy Security Group, he has conducted Ms. STEFANIK. Mr. Speaker, I rise today to lished by the Golden Rotary to honor for-profit honor and recognize the North Country Mis- multiple counterintelligence site visits to Ma- and non-profit businesses. The recipients of rine Corps Security Guard Detachments in sion of Hope on its 20th anniversary. this award must maintain integrity, conviction In 1998, Sister Debbie Blow and a team of places like Moscow, Russia; Hong Kong, and possess high ethical standards dem- dedicated students from Seton Catholic Hong Kong; Freetown, Sierra Leone; and onstrated by the treatment of customers, em- School started a fundraising project to benefit Bridgetown, Barbados. ployees, community and the environment. victims of Hurricane Mitch in Nicaragua. What Over the course of 20 years of dedicated Buffalo Bill Days is a 100 percent volunteer started as a small project grew to yearly mis- service, GySgt Long has repeatedly dem- run non-profit organization. They are respon- sion trips to Nicaragua, ultimately becoming onstrated honor and dedication indicative of a sible for putting on the largest community fes- the North Country Mission of Hope. Since great Marine and American hero. His valiant tival in Golden, Colorado. The event dates then, the North Country Mission of Hope has efforts both across oceans in enemy territory back to the 1940s and is an event the resi- partnered with countless non-governmental or- as well as here at home have helped to pro- dents of Golden look forward to every year. ganizations to create a network of support all tect and shape our nation. On behalf of the Buffalo Bill Days is well known for their re- the way from the North Country to Central United States Congress, and the American sponsible management of finances and are a America. people we represent, I extend my deep appre- model for how organizations can work and co- While originally established to help hurri- ciation to Gunnery Sergeant Jeremy L. Long operate with one another. cane victims, the North Country Mission of for his service to our country. My best wishes I extend my deepest congratulations to the Hope has grown to support sustainable pro- on a happy retirement and continued success. Buffalo Bill Days for receiving this well-de- grams in education, healthcare, community f served honor by the Golden Rotary. I thank and ecological development. Its service them for their continued commitment to our IN RECOGNITION OF MOUNT OLIVE reaches some of the poorest areas of Nica- community. BAPTIST CHURCH ragua. Currently, the North Country Mission of f Hope coordinates over 850 education spon- WELCOMING GUEST CHAPLAIN DR. sorships, nutritional feeding programs at 24 HON. ROBERT J. WITTMAN schools, and ships needed supplies at least OF VIRGINIA TED KITCHENS TO THE U.S. HOUSE OF REPRESENTATIVES twice a year. Through its tireless commitment IN THE HOUSE OF REPRESENTATIVES to serving others, the Mission of Hope continu- Wednesday, May 16, 2018 ously achieves its goal of fostering hope and HON. KAY GRANGER empowering relationships with the people of Mr. WITTMAN. Mr. Speaker, I rise today to OF TEXAS Nicaragua. commemorate the 200th Anniversary of Mount IN THE HOUSE OF REPRESENTATIVES Olive Baptist Church. This church is the oldest On behalf of New York’s 21st District, I want Wednesday, May 16, 2018 in the Stafford, Virginia area and has uplifted to honor the North Country Mission of Hope the community through countless hardships Ms. GRANGER. Mr. Speaker, I am proud to for its 20 years of service and thank its mem- and celebrated through countless joys. welcome Dr. Ted Kitchens as our guest chap- bers for being exceptional ambassadors of the The Mount Olive Baptist Church was estab- lain this morning and greatly appreciate him North Country. I look forward to watching the lished on May 16, 1818, as a rudimentary leading us in prayer. amazing things that the North Country Mission wood structure under the guidance of Rev- Dr. Kitchens is from the 12th District of of Hope accomplishes for many years to erend Horace Crutcher. The church began to Texas, which I proudly represent. come. grow immediately, and established a school in He’s served as the Senior Pastor of Christ f Chapel Bible Church in Fort Worth for the past the aftermath of the Civil War. PERSONAL EXPLANATION The church has since launched outreach 36 years. programs in Zambia, Ghana, and New Zea- Under his leadership, Dr. Kitchens grew his land, providing food, water, shelter, and med- congregation from 116 people to more than HON. TOM MARINO ical care to the needy. They also provide bible 6,000 members per week. OF PENNSYLVANIA Christ Chapel Bible Church has also grown studies, musical ministries, and youth pro- IN THE HOUSE OF REPRESENTATIVES to become a vital partner with the entire Fort grams for the Stafford community. Wednesday, May 16, 2018 Mr. Speaker, I ask you and my colleagues Worth community. Dr. Kitchens has been married to his wife Mr. MARINO. Mr. Speaker, I was unable to to join me as we recognize the immeasurable Lynn for 41 years, and they have two wonder- attend votes on May 15, 2018 due to Pennsyl- good that the Mount Olive Baptist church has ful children, Kassie and Tyler. vania primary elections. Had I been present, I done for those in the Stafford community over I want to thank Pastor Kitchens for all he would have voted as follows: YEA for rollcall the last 200 years. does to serve our community and for providing vote 181; YEA for rollcall vote 182; and YEA f us with spiritual guidance on this day. for rollcall vote 183. PERSONAL EXPLANATION f f PERSONAL EXPLANATION LUKAS KNIGHT HON. LUIS V. GUTIE´RREZ OF ILLINOIS HON. MICHELLE LUJAN GRISHAM HON. ED PERLMUTTER IN THE HOUSE OF REPRESENTATIVES OF NEW MEXICO OF COLORADO Wednesday, May 16, 2018 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. GUTIE´ RREZ. Mr. Speaker, I was un- Wednesday, May 16, 2018 Wednesday, May 16, 2018 avoidably absent in the House chamber for Ms. MICHELLE LUJAN GRISHAM of New Mr. PERLMUTTER. Mr. Speaker, I rise Roll Call votes 181, 182, and 183 on Tuesday, Mexico. Mr. Speaker, I missed three votes on today to recognize and applaud Lukas Knight

VerDate Sep 11 2014 04:01 May 17, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MY8.001 E16MYPT1 E660 CONGRESSIONAL RECORD — Extensions of Remarks May 16, 2018 for receiving the Arvada Wheat Ridge Service was also a firefighter with Grand Traverse named in his honor and his football jersey, No. Ambassadors for Youth award. Rural Fire and the Elk Rapids Fire Depart- 4, is retired from use at Dunbar High School. Lukas Knight is a student at Warren Tech ment, where his contributions to the creation Mr. Speaker, Coach Robert A. Green is North and received this award because his de- of their training facility were instrumental. He more than deserving of recognition in the an- termination and hard work have allowed him was named Firefighter of the Year in January nals of American History for his service to our to overcome adversities. of 2018. country, and his dedication to the education, The dedication demonstrated by Lukas Tom was well-respected as a community mentoring, and the personal development of Knight is exemplary of the type of achieve- leader, selfless public servant, mentor, and the youth of Dillard High School. I thank him ment that can be attained with hard work and friend. Following visitation, Chief Emerson will once again for his years of service. perseverance. It is essential students at all be laid to rest on Sunday, May 20, in Traverse f levels strive to make the most of their edu- City. cation and develop a work ethic which will Mr. Speaker, Chief Emerson’s impact on NICHOLAS KULHANEK guide them for the rest of their lives. Northern Michigan cannot be overstated. His I extend my deepest congratulations to family and community can take pride in know- HON. ED PERLMUTTER Lukas Knight for winning the Arvada Wheat ing that the state of Michigan is a better place OF COLORADO Ridge Service Ambassadors for Youth award. thanks to his life’s work. On behalf of Michi- IN THE HOUSE OF REPRESENTATIVES I have no doubt he will exhibit the same dedi- gan’s First Congressional District, I ask you to Wednesday, May 16, 2018 cation and character in all of his future accom- join me in recognizing an outstanding commu- plishments. nity leader whose contributions will continue to Mr. PERLMUTTER. Mr. Speaker, I rise today to recognize and applaud Nicholas f bless Michiganders for many years to come. Kulhanek for receiving the Arvada Wheat f III CORPS’ 100 YEARS OF Ridge Service Ambassadors for Youth award. EXCELLENCE IN RECOGNITION OF THE OUT- Nicholas Kulhanek is a student at Arvada STANDING SERVICE OF COACH West High School and received this award be- HON. JOHN R. CARTER ROBERT A. GREEN cause his determination and hard work have allowed him to overcome adversities. OF TEXAS The dedication demonstrated by Nicholas IN THE HOUSE OF REPRESENTATIVES HON. ALCEE L. HASTINGS OF FLORIDA Kulhanek is exemplary of the type of achieve- Wednesday, May 16, 2018 ment that can be attained with hard work and IN THE HOUSE OF REPRESENTATIVES Mr. CARTER of Texas. Mr. Speaker, on be- perseverance. It is essential students at all Wednesday, May 16, 2018 half of a grateful nation, I wish III Corps a levels strive to make the most of their edu- happy birthday for its first century of brave Mr. HASTINGS. Mr. Speaker, it is my great cation and develop a work ethic which will service. Since its birth in 1918, ‘America’s honor to rise today and recognize the achieve- guide them for the rest of their lives. Hammer’ has never faltered in defending free- ments of Coach Robert A. Green, also known I extend my deepest congratulations to dom and upholding the U.S. Army’s reputation as ‘‘Pompey.’’ Coach Green, a world-class Nicholas Kulhanek for winning the Arvada as the world’s elite fighting force. runner, Army veteran, and Athletic Director at Wheat Ridge Service Ambassadors for Youth From day one, this historic corps has been Dillard High School in Fort Lauderdale, Flor- award. I have no doubt he will exhibit the comprised of brave men and women who ida, touched countless lives over the course of same dedication and character in all of his fu- have selflessly devoted themselves to a great- his distinguished career and represented the ture accomplishments. er good. When forces of tyranny threaten the best of men, known by all for his generosity, f kindness, and caring of his athletes. world, when the oppressed are in danger of PERSONAL EXPLANATION losing hope, when duty calls, the Phantom Coach Green was born in Fort Myers, Flor- Warriors of III Corps stand ready. Over the ida and attended Dunbar High School. He was decades, their mission has remained the considered the fastest football player in his HON. TOM EMMER same: be prepared to rapidly deploy and con- graduating class of 1949. He attended Allen OF MINNESOTA duct the full spectrum of military operations to College in Columbia, South Carolina, on a full IN THE HOUSE OF REPRESENTATIVES defeat any adversary. football scholarship, where he obtained four Wednesday, May 16, 2018 Southern Intercollegiate Athletic Conference I am proud to stand alongside III Corps as Mr. EMMER. Mr. Speaker, I was unavoid- Championships in the 100-yard dash and be- they continue to defend freedom, accomplish ably detained. Had I been present, I would came the first runner from Allen to run in the any mission, and leave a legacy for future have voted YEA on Roll Call No. 181; YEA on world famous Penn Relays in Philadelphia, generations to follow. III Corps’ 100 years of Roll Call No. 182; and YEA on Roll Call No. Pennsylvania. After school, Coach Green excellence represents America at its very best. 183. f joined the United States Army, receiving numerous awards, medals and commendations f HONORING AND REMEMBERING for achievements. While serving in the military, PERSONAL EXPLANATION THE LIFE OF CHIEF TOM EMER- he tied the world record for the 100-yard dash SON at 9.3 seconds. Coach Green began working at Dillard High HON. GLENN THOMPSON OF PENNSYLVANIA HON. JACK BERGMAN School in Fort Lauderdale in 1957. He served IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN as the Track Coach, Department Chair and IN THE HOUSE OF REPRESENTATIVES Athletic Director over a 35-year career. He Wednesday, May 16, 2018 was the first African American Coach to attend Wednesday, May 16, 2018 Mr. THOMPSON of Pennsylvania. Mr. the Broward County Coaches Clinic for Track Speaker, I was detained in my Congressional Mr. BERGMAN. Mr. Speaker, it’s my honor Coaches, allowing Dillard High School to par- District due to the Primary Election. Had I today to acknowledge the life of a devoted ticipate in the County’s Integrated Track Meet been present, I would have voted YEA on Roll community leader and loving father and hus- in 1967. Call No. 181; YEA on Roll Call No. 182; and band, Chief Tom Emerson, who died suddenly He is also the founder of the Panther 100 YEA on Roll Call No. 183. at the age of 58 after more than 30 years of Club. This innovative and vast booster club f service to law enforcement and public safety has donated over $100,000 to the academic in Northern Michigan. and athletic clubs of Dillard High School. PERSONAL EXPLANATION A native to the Grand Traverse area, Chief These funds have afforded numerous unique Emerson dedicated his life to public service. opportunities for the children of Dillard High HON. MARKWAYNE MULLIN For the past seven years, Tom served as the School, including trips to Alaska, New Orle- OF OKLAHOMA Elk Rapids Police Chief, first joining the de- ans, and Washington, D.C. Coach Green is a IN THE HOUSE OF REPRESENTATIVES partment in March 2011. Prior to that, he member of the National Negro, Allen Univer- served with the Grand Traverse County Sher- sity, Florida High School and Dillard High Wednesday, May 16, 2018 iff’s Office, where he retired as a Captain in School Halls of Fame. The tracks of Dillard Mr. MULLIN. Mr. Speaker, I was unavoid- 2010 after 26 years of service. Chief Emerson High School and Dunbar High School are ably detained. Had I been present, I would

VerDate Sep 11 2014 04:01 May 17, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K16MY8.009 E16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E661 have voted YEA on Roll Call No. 181; YEA on pened in the country is the years since Col- community, as shown through its work advo- Roll Call No. 182; and YEA on Roll Call No. umbine. It is horrible that as adolescents we cating for rural broadband and encouraging 183. have become used to the idea that gun vio- tourism in the Adirondacks. By establishing lence is a method of dealing with our prob- f lems. This pattern of gun violence has been partnerships, shaping public policy, and providing programs and services for businesses EXHAUCE KUMESO perpetuated by adult lawmakers who refuse to do anything about the bloodshed in their in the community, the Chamber enhances the schools. quality of life for all who live in the region. HON. ED PERLMUTTER I bring this up today because Mr. Hoyer is On behalf of New York’s 21st District, I want OF COLORADO the representative of the district where to commend the Indian Lake Chamber of IN THE HOUSE OF REPRESENTATIVES Great Mills High School is located, yet he is Commerce on its unwavering commitment to still here at our march today. Let’s all thank Wednesday, May 16, 2018 the community. I look forward to watching the him for being here today. I also bring this up Chamber continue to succeed for many years because I think that it is so important that Mr. PERLMUTTER. Mr. Speaker, I rise to come. today to recognize and applaud Exhauce we make sure we acknowledge every in- f Kumeso for receiving the Arvada Wheat Ridge stance of senseless gun violence that occurs within this country. While Parkland was TRIBUTE TO FRANK LEFFINGWELL Service Ambassadors for Youth award. able to get mass media attention, hashtags Exhauce Kumeso is a student at Arvada K– on social media and ‘thoughts and prayers’ 8 and received this award because his deter- from everyone around the world, there are so HON. JOHN R. CARTER mination and hard work have allowed him to many acts of violence that occur in the U.S. OF TEXAS overcome adversities. every single day that go completely unno- IN THE HOUSE OF REPRESENTATIVES The dedication demonstrated by Exhauce ticed. Kumeso is exemplary of the type of achieve- Often times we give them attention for a Wednesday, May 16, 2018 ment that can be attained with hard work and couple of days, maybe a week, then we for- Mr. CARTER of Texas. Mr. Speaker, I sa- perseverance. It is essential students at all get, and other times we fail to acknowledge lute the extraordinary career of Frank them at all. In fact there have been eighteen Leffingwell as he retires from a lifetime of civic levels strive to make the most of their edu- instances of a gun firing at schools in the cation and develop a work ethic which will U.S. since the beginning of 2018, which aver- involvement. Along with his many contributions guide them for the rest of their lives. ages out to about three per week. to Central Texas, Frank’s outstanding work as I extend my deepest congratulations to This cannot be our reality. However many a councilman for the City of Round Rock, Exhauce Kumeso for winning the Arvada people do not know this because they never Texas has helped make my hometown a great Wheat Ridge Service Ambassadors for Youth gain the same attention as events like Park- place to live and work. award. I have no doubt he will exhibit the land. These other shootings often resulted in Frank’s commitment to investing his gifts, same dedication and character in all of his fu- no bloodshed or a few injured. But this talents, and abilities to improve his community ture accomplishments. doesn’t mean that they are any less cata- is a deeply held creed that speaks to the gen- strophic because every single life of those erosity and activism of a true and devoted f students will be forever changed. Each and public servant. His resume tells the story of a SHARING STUDENTS’ ‘MARCH FOR every day they walk into the school that almost cost them their lives, and they are man unafraid to contribute both his time and OUR LIVES’ REMARKS forced to face their worst fears. The lives of energies to a multitude of organizations that the students in the eighteen schools will rely on volunteerism and social engagement to HON. STENY H. HOYER never ever be the same. It is so easy for us to make good communities great. OF MARYLAND watch these catastrophic events unravel on His tenure on the Round Rock City Council the news for a week, donate money to the IN THE HOUSE OF REPRESENTATIVES is marked by his tremendous efforts to support cause, post a hashtag on social media, then his growing town’s long-term vitality through Wednesday, May 16, 2018 move on with our lives. But it is so important in our crazy, ever changing lives to economic development. Frank’s worked tire- Mr. HOYER. Mr. Speaker, on May 9, I came lessly to ensure residents have a rich quality to the Floor and spoke about the March For never forget. We have to make sure that we not only re- of life that includes access to water, energy, Our Lives on March 24 and the nine extraor- member to hold the lives of those lost in our and cutting-edge health care while supporting dinarily poised students in Morristown, New hearts, but to make sure that we are holding the arts, our first responders, and the most Jersey, who spoke at the rally there, which I the people who are accountable, responsible vulnerable. His legacy speaks to the highest attended. I include in the RECORD remarks by for the lives of innocent people murdered. values we Texans hold dear. Isabella Bosrock. I hope my colleagues will It is up to us to change the future, but Frank Leffingwell’s retirement is the richly- read them and internalize the sense of fear in these changes will only come by reflecting deserved beginning of an exciting journey. I on the past and acknowledging what hap- which our nation’s students are living every join his colleagues, family, and friends in hon- day—and our responsibility as Members of pened. Forgetting will not do anything but make us complacent and allow more of these oring his career, commending his commitment Congress to do something to address this cri- massacres to happen. to public service, and wishing my friend noth- sis of gun violence. That being said, I encourage every single ing but the best in the years ahead. MARCH FOR OUR LIVES REMARKS one of you today to go out and read about f (By Isabella Bosrock) the other school shootings that you may My name is Isabella Bosrock, and I am a have missed and hold those victims in your MIGUEL LOPEZ senior at West Morris Mendham High School. memory so that we can use those losses to Today you will be hearing from seven incred- fuel the fire of change. HON. ED PERLMUTTER ible high school students from across the dis- f OF COLORADO trict who are here today to say ‘enough is IN THE HOUSE OF REPRESENTATIVES enough’ and ‘never again’ to senseless gun HONORING THE INDIAN LAKE violence. Before we begin, I would like to CHAMBER OF COMMERCE Wednesday, May 16, 2018 take a moment and thank Mr. Steny Hoyer, Mr. PERLMUTTER. Mr. Speaker, I rise a U.S. Representative for Maryland’s Fifth today to recognize and applaud Miguel Lopez Congressional District and the Minority HON. ELISE M. STEFANIK Whip of the House for being here today. OF NEW YORK for receiving the Arvada Wheat Ridge Service On March 20, a mere four days ago, a sev- IN THE HOUSE OF REPRESENTATIVES Ambassadors for Youth award. Miguel Lopez is a student at Arvada High enteen year old boy named Austin Wyatt Wednesday, May 16, 2018 Rollins walked into Great Mills High School School and received this award because his with his dad’s hand gun and shot two stu- Ms. STEFANIK. Mr. Speaker, I rise today to determination and hard work have allowed him dents, one of which was an ex-girlfriend. Re- honor and recognize the Indian Lake Chamber to overcome adversities. ports say he did this because of a recent of Commerce. The dedication demonstrated by Miguel break up with the girl he shot. The student Since its founding in 1988, the Indian Lake Lopez is exemplary of the type of achievement resource officer on duty, Blaine Gaskill man- Chamber of Commerce has played a crucial that can be attained with hard work and perse- aged with great bravely to shoot and kill the gunman, avoiding the loss of many more role in promoting economic growth and help- verance. It is essential students at all levels lives. ing small businesses flourish throughout Ham- strive to make the most of their education and While this event is incredibly upsetting it ilton County. The Chamber understands the develop a work ethic which will guide them for is not unlike many things that have hap- needs of local businesses and residents in its the rest of their lives.

VerDate Sep 11 2014 04:01 May 17, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MY8.013 E16MYPT1 E662 CONGRESSIONAL RECORD — Extensions of Remarks May 16, 2018 I extend my deepest congratulations to Kyle McClelland is a student at Sobesky HONORING ARNOLD A. PISKIN Miguel Lopez for winning the Arvada Wheat Academy and received this award because his Ridge Service Ambassadors for Youth award. determination and hard work have allowed him HON. SAM GRAVES I have no doubt he will exhibit the same dedi- to overcome adversities. OF MISSOURI cation and character in all of his future accom- The dedication demonstrated by Kyle IN THE HOUSE OF REPRESENTATIVES plishments. McClelland is exemplary of the type of Wednesday, May 16, 2018 f achievement that can be attained with hard work and perseverance. It is essential stu- Mr. GRAVES of Missouri. Mr. Speaker, I PERSONAL EXPLANATION dents at all levels strive to make the most of rise today to honor Arnold A. Piskin who their education and develop a work ethic served in the Army Air Corps during World HON. KYRSTEN SINEMA which will guide them for the rest of their lives. War II. Mr. Piskin was stationed at Horsham OF ARIZONA I extend my deepest congratulations to Kyle St. Faith, England where he flew 36 missions IN THE HOUSE OF REPRESENTATIVES McClelland for winning the Arvada Wheat over France and Germany as a pilot on the B– 24J Liberator named ‘Howling Banshee.’ At Wednesday, May 16, 2018 Ridge Service Ambassadors for Youth award. I have no doubt he will exhibit the same dedi- the age of 20 he was the youngest member of Ms. SINEMA. Mr. Speaker, due to horrible cation and character in all of his future accom- his crew and flew combat missions in the Eu- weather, I was unavoidably detained from plishments. ropean Theater of Operations (ETO) as part of votes. Had I been present, I would have voted the 8th Air Force, 2nd Air Division, 96th Bomb YEA on Roll Call No. 181; YEA on Roll Call f Wing, 458th Bomb Group, and. 753rd Squad- No. 182; and YEA on Roll Call No. 183. ron. In addition, they flew one of the 10 origi- f RECOGNIZING DR. GOPAL nal AZON aircraft straight from the United GUTTIKONDA States. Mr. Askin and his crew flew their final PERSONAL EXPLANATION 4 missions were in support of the Battle of the Bulge on December 24–28, 1944. HON. TOM COLE HON. JOHN R. CARTER During his 8 months in the European theater OF OKLAHOMA OF TEXAS he received the Air Medal with 3 Oak Leaf IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Clusters and the Distinguished Flying Cross (DFC). In addition, he received the European- Wednesday, May 16, 2018 Wednesday, May 16, 2018 African-Middle Eastern Theater Ribbon with 5 Mr. COLE. Mr. Speaker, I was unavoidably Mr. CARTER of Texas. Mr. Speaker, I cele- Bronze Stars for Air Offensive Europe, Nor- detained. However, had I been present, I brate and recognize the work of an excep- mandy, Northern France, Germany, Ardennes. would have voted YEA on Roll Call No. 181; tional citizen, Dr. Gopal Guttikonda, who dedi- After the war, Mr. Piskin took advantage of YEA on Roll Call No. 182; and YEA on Roll cated himself to helping the residents of Cen- the GI bill and earned a BS in Physical Edu- Call No. 183. tral Texas by founding the Temple Community cation from New York University (NYU) and f Clinic. His commitment to public service rep- later a MS in Social Work from Columbia Uni- versity. He spent his professional life in Jewish PERSONAL EXPLANATION resents Texas values at their very best and he is a fitting recipient of Leadership Temple’s communal work. This included servicing com- prestigious Distinguished Alumni Award. munity centers, community organizations, chil- HON. LUCILLE ROYBAL-ALLARD During his career, Dr. Guttikonda saw many dren’s camps and fundraising. While at NYU, OF CALIFORNIA hard-working Texans who did not have access he met his wife Hannah Korenthal who he has IN THE HOUSE OF REPRESENTATIVES to proper healthcare due to their ineligibility or been married to for 68 years. They were Wednesday, May 16, 2018 lack of financial means. Seeking to ensure the blessed with 4 children—Brenda, Jay, Craig, healthcare was available for those in need, he Scott—and 7 grandchildren—Rachel, Adam, Ms. ROYBAL-ALLARD. Mr. Speaker, on made the selfless decision to create the Tem- Jason, Tori, Todd, Cory, and Julie. Tuesday, May 15, I was unavoidably detained ple Community Clinic to improve the quality of Mr. Speaker, I stand before the House due to weather conditions and was not life for all citizens in Central Texas. today to pay tribute to Mr. Piskin and thank present for Roll Call votes 181, 182, and 183. What started as a 1,300-square foot space him for his tremendous service to our country. Had I been present, I would have voted: The freedom we all enjoy today was made Yea on Roll Call 181, on the motion to sus- in the Jeff Hamilton Community Building grew substantially to what is now a world-class possible by men like him. pend the rules and pass H.R. 613, the Lieu- f tenant Osvaldo Albarati Correctional Officer health resource for the underserved population Self-Protection Act; in Central Texas. Elite physicians have volun- HONORING DIANE STROMAN ON Yea on Roll Call 182, on the motion to sus- teered their services to those who had no in- THE OCCASION OF HER RETIRE- pend the rules and pass H.R. 4854, the Jus- surance or the financial means to afford treat- MENT tice Served Act; and ment for themselves and their families. Dr. Yea on Roll Call 183, on the motion to sus- Guttikonda’s dream of accessible healthcare HON. ROSA L. DeLAURO pend the rules and pass H. Res. 285, ex- has been impacting lives now for twenty-six amazing years. OF CONNECTICUT pressing the sense of the United States House IN THE HOUSE OF REPRESENTATIVES of Representatives that Congress and the Dr. Guttikonda’s devotion to his community Wednesday, May 16, 2018 President should empower the creation of po- doesn’t stop when his shift at the hospital lice and community alliances designed to en- ends. This married father of two, whose great Ms. DELAURO. Mr. Speaker, it is my great hance and improve communication and col- work has been honored by his colleagues on pleasure to rise today to join TEAM, Inc. and laboration between members of the law en- numerous occasions, keeps busy with a vari- the communities of Connecticut’s Naugatuck forcement community and the public they ety of civic organizations that work to bring Valley in extending my heartfelt congratula- serve. positive change to a variety of areas. His com- tions and sincere thanks to Diane Stroman as f mitment to investing his gifts, talents, and she celebrates her retirement after twenty-five abilities to improve his community is a deeply years of dedicated service. To say that she KYLE MCCLELLAND held creed that speaks to the generosity and will be missed by this organization as well as activism of a true and devoted public servant. the many local service organizations who have HON. ED PERLMUTTER Dr. Gopal Guttikonda’s vision, dedication, benefitted from her time and energies, is an OF COLORADO and commitment to the health of all has made understatement. Diane’s compassion, advo- IN THE HOUSE OF REPRESENTATIVES a real and lasting difference in lives of Central cacy, and strength of spirit have changed Texans. I’m both proud and humbled by his countless lives and we are fortunate to have Wednesday, May 16, 2018 achievements and wish him continued suc- had her working on behalf of our communities Mr. PERLMUTTER. Mr. Speaker, I rise cess in the future. I join his family, colleagues, and their most vulnerable residents. today to recognize and applaud Kyle and friends in saluting his tremendous work as Diane has dedicated a quarter-century to McClelland for receiving the Arvada Wheat he is richly honored with Leadership Temple’s helping those most in need. In her leadership Ridge Service Ambassadors for Youth award. Distinguished Alumni Award. role at TEAM, Inc, an organization dedicated

VerDate Sep 11 2014 04:01 May 17, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K16MY8.012 E16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E663 to strengthening our community by educating, CELEBRATING MRS. KAREN 2011, served as MFB Vice President from supporting and empowering individuals and SHELDON 2006 to 2009, served on the MACMA Board families, she has helped to shape the many from 1989 to 2011, and served on its Execu- programs and services offered to their clients. HON. JOHN R. CARTER tive Committee and as Vice President from From Head Start, early education, and heating OF TEXAS 1999 to 2011. and energy assistance to child care, housing, IN THE HOUSE OF REPRESENTATIVES In 2012, Wunsch received the MACMA financial, employment, and holiday assistance Apple Division Distinguished Service to Agri- as well as elder services, Diane has helped in- Wednesday, May 16, 2018 culture award. In addition to his work with the dividuals and families navigate what can be a Mr. CARTER of Texas. Mr. Speaker, I rise MACMA and MFB, Josh was a board member difficult and complex social service delivery today to celebrate Mrs. Karen Sheldon for her of Shoreline Fruit Inc., Sleeping Bear Co-op, system. sixteen years of service on the Georgetown, Traverse City Cherry, and Cherrco Inc. As a Diane’s dedication to community involve- TX Chamber of Commerce. Karen’s untiring leader in his community and industry, Josh ment extends far beyond her professional life commitment to making Georgetown a great was well-known for his knowledge, expertise, at TEAM. A board member of the Lower place to live and work represents Texas val- and willingness to mentor others, and his dedi- Naugatuck Valley Boys & Girls Club, Anso- ues at their best. cation made him one of the most respected nia’s Elderly Services Commission and the After joining the Georgetown Chamber of growers in Michigan agriculture. When not in Valley Juvenile Review Board, she also dedi- Commerce in 2002 as Administrative Assist- his orchards, Josh loved to travel, enjoy Michi- cates her personal time to enriching the lives ant, it was clear that Karen’s hard work and gan’s beautiful outdoors, and spend time with of others. Diane is an original board member dedication to the Chamber were unmatched. his family. of the Valley United Way, Griffin Hospital and During her tenure, she served in many roles Mr. Speaker, Joshua Wunsch’s impact on BH Care. She was formerly on the Ansonia including Director of Development, Vice Presi- Northern Michigan cannot be overstated. His Board of Education, past president of the dent, and Executive Vice President before family and community can take pride in know- Derby-Shelton Rotary Club, and an active being named Chamber President in 2014. Her ing that the state of Michigan is a better place member of her church. Diane embodies a spir- time as President was focused on guiding the thanks to his life’s work. On behalf of Michi- it of community service that we should all success and growth of her beloved community gan’s First Congressional District, I ask you to strive to achieve. through advocacy, education, and civic en- join me in recognizing an outstanding commu- I would be remiss if I did not extend a spe- gagement. nity leader whose contributions will continue to cial note of personal thanks to Diane for the Karen’s work in public service wasn’t con- bless Michiganders for many years to come. assistance and guidance that she has pro- fined to the Georgetown Chamber of Com- f vided to myself and my staff over the years. merce. She has continuously strived to make From providing local data on programs and Georgetown a better city by serving on mul- PERSONAL EXPLANATION services to helping to organize events, Diane tiple boards and volunteering with numerous has always been only a phone call away. I organizations. When she is not working for her HON. CHERI BUSTOS consider myself fortunate to call her a friend community, Karen is a loving sister and proud OF ILLINOIS and cannot thank her enough for the support mother of two daughters. IN THE HOUSE OF REPRESENTATIVES and camaraderie she has shown to me. Retirement is meant to be celebrated and Wednesday, May 16, 2018 I am honored to stand today to pay tribute enjoyed. It is not the end of a career, but the to Diane Stroman for her invaluable profes- beginning of a new adventure. Mrs. Karen Mrs. BUSTOS. Mr. Speaker, due to flight sional and personal contributions to our com- Sheldon has left big shoes to fill as she has cancellations and bad weather, I was unable munity. Her good work and advocacy has gone above and beyond the expected duties to vote on the Legislative Day of May 15, helped hundreds of our most vulnerable fami- of a public servant. I thank her for her dedica- 2018. Had I been present for these roll call lies achieve economic and social stability. tion to her community and proudly join her votes, I would have cast the following votes: While her retirement marks the end of an ex- family, friends, and colleagues in wishing noth- Roll Call 181: Yea; Roll Call 182: Yea; and traordinary career, I have no doubt that Diane ing but the best for her richly-deserved retire- Roll Call 183: Yea. will continue to find ways in which to engage ment. f and make a difference in the lives of others. f I wish her, her children, and grandchildren the RECOGNIZING THE 10TH ANNIVER- very best for many more years of health and HONORING AND REMEMBERING SARY OF FERNCARE FREE CLIN- happiness as she begins this new chapter. THE LIFE OF MR. JOSHUA IC f WUNSCH GRIFFIN McCONNELL HON. SANDER M. LEVIN HON. JACK BERGMAN OF MICHIGAN HON. ED PERLMUTTER OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF COLORADO Wednesday, May 16, 2018 IN THE HOUSE OF REPRESENTATIVES Wednesday, May 16, 2018 Mr. LEVIN. Mr. Speaker, I rise today to rec- Wednesday, May 16, 2018 Mr. BERGMAN. Mr. Speaker, it’s my honor ognize the 10th Anniversary of FernCare Free Mr. PERLMUTTER. Mr. Speaker, I rise today to acknowledge the life of a devoted Clinic. FernCare is a nonprofit free healthcare today to recognize and applaud Griffin McCon- community leader and loving father and hus- clinic located in the City of Ferndale, MI. The nell for receiving the Arvada Wheat Ridge band, Mr. Joshua Wunsch, who passed away clinic specializes in the treatment of individuals Service Ambassadors for Youth award. at the age of 69 on April 25, 2018, surrounded without healthcare coverage and helps eligi- Griffin McConnell is a student at North Ar- by his loved ones. ble, uninsured people obtain coverage through vada Middle School and received this award Josh was born in Traverse City on Novem- the Federal Marketplace or through Healthy because his determination and hard work ber 7, 1948, to Ellis and Ann (Donald) Michigan, a Medicaid plan created thanks to have allowed him to overcome adversities. Wunsch. A third-generation Grand Traverse the Affordable Care Act. The clinic is open for The dedication demonstrated by Griffin County farmer, Wunsch, along with his wife medical services four days each month, and McConnell is exemplary of the type of Barb, son Isiah, and daughter Adele raised provides counseling services twice each achievement that can be attained with hard apples, tart cherries, and sweet cherries on month. work and perseverance. It is essential stu- their family orchard. Wunsch’s passion for the In 2008, a group of concerned citizens in dents at all levels strive to make the most of trade was evident in his roles with the Michi- Ferndale decided to open a free health care their education and develop a work ethic gan Agricultural Commodities Marketing Asso- clinic under the direction of Ann Heler, to which will guide them for the rest of their lives. ciation (MACMA) and the Michigan Farm Bu- serve the uninsured members of their commu- I extend my deepest congratulations to Grif- reau (MFB). He was first elected to the nity. Two years later, FernCare first opened as fin McConnell for winning the Arvada Wheat MACMA board in 1988, becoming Vice Presi- a popup clinic at a local community center, re- Ridge Service Ambassadors for Youth award. dent in 1999. There he worked to promote and quiring volunteers to set up and tear down the I have no doubt he will exhibit the same dedi- protect the Michigan apple industry until his operation each day. In 2009, I was honored to cation and character in all of his future retirement in 2011. On the MFB board, support FernCare’s successful efforts to obtain accomplishments. Wunsch was District 9 Director from 1988 to a grant through the U.S. Department of Health

VerDate Sep 11 2014 04:01 May 17, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MY8.022 E16MYPT1 E664 CONGRESSIONAL RECORD — Extensions of Remarks May 16, 2018 and Human Services, which helped to enable in’s career is her unwavering devotion to TRIBUTE TO ANDREW LIVERIS them to renovate a property to permanently prioritizing children in education. ‘‘If you didn’t house the clinic. think about a particular child today, then you HON. JOHN R. MOOLENAAR Over the last ten years, FernCare has have lost the reason you entered education in OF MICHIGAN served more than 1,200 patients. FernCare the first place,’’ Robin says, noting it is the job IN THE HOUSE OF REPRESENTATIVES currently maintains the clinical care of over of educators to determine ‘‘where the child 300 patients a year with a small staff and needs to go, and do everything in our power Wednesday, May 16, 2018 more than 100 dedicated volunteers. Patients to help the child . . .’’ Mr. MOOLENAAR. Mr. Speaker, I rise today of FernCare receive primary care services in- As a wife and mother of three, Robin’s com- to pay tribute to Andrew Liveris, the Chairman cluding generic and over the counter medica- mitment to her community doesn’t stop when and CEO of The Dow Chemical Company, tion prescription, lab testing, wellness coach- the school bell rings at the end of the day. upon his retirement from the company. ing, and counseling services, as well as other She teaches at both the University of Mary In his more than forty years with Dow, Mr. vital assistance. Hardin Baylor and Texas A&M University Cen- Liveris has been a recognized business leader Mr. Speaker, FernCare continues to be an tral Texas as well as serves on the Board for and a leading advocate for manufacturing invaluable organization within Michigan’s 9th the Temple Chamber of Commerce and the worldwide. Presidential administrations of both District, providing essential services to those United Way of Central Texas. Her generous parties have recruited Mr. Liveris to serve as most in need. I often hear from patients and activism speaks to the very best values of our an advisor and have sought his expertise; Mr. volunteers about the work FernCare does, and nation. Liveris served as co-chair of the steering com- their stories are truly inspiring. I encourage my Robin Battershell’s retirement is the richly- mittee for President Barack Obama’s Ad- colleagues to join me in celebrating and hon- deserved beginning of an exciting journey. I vanced Manufacturing Partnership and served oring the 10th Anniversary of FernCare Free salute her work and commitment to ensuring on President Donald Trump’s Manufacturing Clinic, its Board, led by Ann Heler, for its dedi- the children of our beloved home state receive Jobs Initiative. cated leadership, and the staff and volunteers the education they deserve. I join her col- As Chairman and CEO, Mr. Liveris has con- for the irreplaceable service they provide to leagues, family, and friends in honoring her tinued The Dow Chemical Company’s strong people in need. career and wishing her nothing but the best in commitment to the Great Lakes Bay Region, f the years ahead. proudly opening a new corporate headquarters in Midland. Dow’s investment has helped the DAVE MURPHY city grow into a vibrant community. f Leading Dow’s collaborations with numerous HON. ED PERLMUTTER RECOGNIZING BROWARD EDU- governments on advanced manufacturing OF COLORADO CATION FOUNDATION SCHOLAR- plans and steering the company’s investment IN THE HOUSE OF REPRESENTATIVES SHIP RECIPIENTS and industry leadership around the world, Mr. Liveris has exhibited exemplary management Wednesday, May 16, 2018 at the helm of Dow. Under his leadership, the Mr. PERLMUTTER. Mr. Speaker, I rise HON. THEODORE E. DEUTCH company weathered challenging economic today to recognize and applaud Dave Murphy OF FLORIDA times and completed a historic, trans- for receiving the Arvada Wheat Ridge Service IN THE HOUSE OF REPRESENTATIVES formational merger, moving the company for- Ambassadors for Youth award. ward for years to come. Dave Murphy is a student at Drake Middle Wednesday, May 16, 2018 On behalf of the Fourth Congressional Dis- School and received this award because his Mr. DEUTCH. Mr. Speaker, I rise today to trict of Michigan, I am honored today to recog- determination and hard work have allowed him recognize the Broward Education Foundation nize Andrew Liveris upon his retirement from to overcome adversities. and its 2018 scholarship award recipients. The The Dow Chemical Company and extend my The dedication demonstrated by Dave Mur- Broward Education Foundation continuously appreciation for his commitment to Midland phy is exemplary of the type of achievement works to engage the broader community to and the Great Lakes Bay Region. that can be attained with hard work and perse- make the Broward County Public School sys- f verance. It is essential students at all levels tem one of the best in the State of Florida. HONORING THE LIFE AND SAC- strive to make the most of their education and These men and women have served Broward develop a work ethic which will guide them for RIFICE OF FIREMAN 2ND CLASS County with distinction through their efforts, LOWELL EARL VALLEY the rest of their lives. and they have demonstrated a commitment to I extend my deepest congratulations to improving our public schools in South Florida. Dave Murphy for winning the Arvada Wheat The Broward Education Foundation helps to HON. JACK BERGMAN Ridge Service Ambassadors for Youth award. provide the students of Broward County with OF MICHIGAN I have no doubt he will exhibit the same dedi- an exceptional education, enabling them to IN THE HOUSE OF REPRESENTATIVES cation and character in all of his future accom- reach their greatest potential. The Foundation Wednesday, May 16, 2018 plishments. provides support for innovative teaching, edu- f Mr. BERGMAN. Mr. Speaker, it’s my honor cational materials for Title I schools, and Fidu- today to acknowledge the life and sacrifice of CELEBRATING THE CAREER OF ciary oversight for community members who Fireman 2nd Class Lowell Valley, who died in ROBIN BATTERSHELL join in our educational mission by establishing service to his country during the Pearl Harbor Foundation agency funds. attacks in 1941. I ask that you join with me HON. JOHN R. CARTER The Foundation also provides students with and the people of Michigan’s First District in OF TEXAS scholarships that enable them to pursue high- honoring the heroic sacrifices of our service er education. These scholarships are awarded IN THE HOUSE OF REPRESENTATIVES men and women as Lowell’s remains are re- to graduating seniors who have exhausted all turned to his home in Michigan after 77 years. Wednesday, May 16, 2018 other avenues for financial aid, but still fall Lowell Earl Valley was born on July 20, Mr. CARTER of Texas. Mr. Speaker, I rise short of the financial means necessary to at- 1922, in Ontonagon, Michigan. Following his today to celebrate the career of devoted edu- tend state or community college, university or high school graduation, Lowell enlisted in the cator Robin Battershell as she retires after vocational school. This year, the Foundation U.S. Navy and was assigned to the USS Okla- nearly four decades of incredible service. With will provide over 200 of these scholarships to homa. On December 7, 1941, the Oklahoma her ‘‘can-do’’ spirit and high-minded vision, Broward County students. Congratulations to was moored at Ford Island, Pearl Harbor, she has made Central Texas a model for inno- all of the 2018 Broward Education Foundation when the ship was attacked by Japanese air- vative, child-focused education. scholarship recipients. craft. The USS Oklahoma sustained multiple A native of Robinson, Texas, Robin’s re- Mr. Speaker, I express my deep apprecia- torpedo hits, causing it to quickly capsize. The sume tells the story of a life devoted to edu- tion for the Broward Education Foundation’s attack on the ship resulted in the deaths of cation, starting as a third grade teacher in work in our community. Their dedication has 429 crewmen, including Lowell. Following the Houston and culminating with stints as super- transformed the lives of students by providing attack, 394 of the lost service members were intendent of both Salado and Temple Inde- them with the educational tools necessary to unable to be identified and were laid to rest in pendent School Districts. The hallmark of Rob- achieve. I them for their work and service. the National Memorial Cemetery of the Pacific,

VerDate Sep 11 2014 04:01 May 17, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MY8.026 E16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E665 known as the ‘‘Punchbowl,’’ in Honolulu, Ha- her hard work and dedication to the people of Law and Diplomacy from the Fletcher School waii. the 7th Congressional District. of Law and Diplomacy at Tufts University. She In 2015, the Defense POW/MIA Accounting Since I met Jerry in 2003, she has become would then go on to a long and successful ca- Agency exhumed remains from the Punch- a great friend and an instrumental member of reer in the service of our country. bowl, with the goal of returning identified serv- my team. For more than 10 years, she has In addition to her diplomatic work, she is the ice members to their families. After two years worked in my congressional office as part of author of several articles including ‘‘The Com- of work, Lowell was identified in January of the constituent services team and handled the mittee for the Elimination of Discrimination 2018 by using DNA from his brother Bob and issues of healthcare, Medicare/Medicaid, So- Against Women’’ in the United Nations and other family members. He is the last of three cial Security, labor and postal. Her wealth of Human Rights and ‘‘Liberation Theology as a Upper Peninsula men who were killed in the experience with labor issues and in customer Revolutionary Ideology.’’ Pearl Harbor attack to be identified. service made her a tremendous asset to our For these reasons and more, Ambassador Lowell’s name is recorded on the Courts of team and to the constituents we serve. Her re- Jacobson will be remembered for her work the Missing at the Punchbowl Cemetery, along lationships with local officials, liaisons at fed- and leadership, for years to come. with the others who are missing from World eral agencies, and within the community Mr. Speaker, I am honored to have the op- War II. A rosette will be placed next to his helped ensure she was always able to help portunity to recognize the career of Ambas- name to indicate he has been accounted for. answer questions, direct folks to the appro- sador Jacobson. Following his death Lowell was honored with priate resources, and at times even secure f a Purple Heart, the American Campaign money or benefits that were owed. Medal, and the World War II Victory Medal. An Prior to serving in my congressional office, RECOGNIZING SERGEANT MAJOR interment ceremony for Lowell will be held on Jerry worked as a Flight Attendant for United JUAN J. MARTINEZ July 14, 2018, at the Holy Family Catholic Airlines for 30 years. After retiring from United Church in Ontonagon. His remains will be es- Airlines, she got involved in the Colorado HON. JOHN R. CARTER corted by a full Honor Guard and rifle squad, Democratic Party and helped run the Colorado OF TEXAS campaign for John Kerry’s presidential bid as well as by Veterans from across the coun- IN THE HOUSE OF REPRESENTATIVES from 2003–2004. From there, she helped try. Wednesday, May 16, 2018 Mr. Speaker, it is my honor to recognize make my first congressional campaign a suc- Lowell Valley for making the ultimate sacrifice cess and went on to help open my first con- Mr. CARTER of Texas. Mr. Speaker, I’m in defense of his country. On behalf of Michi- gressional office in 2007. honored to celebrate and recognize the heroic gan’s First Congressional District, I ask you to Jerry has a true gift for working with people, work of an exceptional citizen of our district, join with me in honoring an American hero as always able to make them feel comfortable Sergeant Major Juan J. Martinez, USMC, Re- he returns home. and welcome with her good nature and sense tired. Throughout his extraordinary military ca- of humor. I extend my deepest appreciation to f reer and beyond, he has dedicated himself to Jerry Pifer for the difference she made in the a life of service to both Central Texas and this HONORING WILLIAM S. LYONS lives of many people in our community. I will remarkable country. forever be grateful for her service to our team, SgtMaj Martinez 1972 enlisted in the United HON. SAM GRAVES the district, and the United States of America. States Marine Corps in 1972. Since then he OF MISSOURI f has spent every waking day displaying Marine IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF AMBASSADOR Corps values of honor, courage, and commit- ROBERTA S. JACOBSON ment as he worked his way up to the rank of Wednesday, May 16, 2018 Sergeant Major in 1997. Throughout his thirty Mr. GRAVES of Missouri. Mr. Speaker, I years with the USMC, SgtMaj Martinez dis- rise today to recognize 1st Lieutenant William HON. HENRY CUELLAR played outstanding leadership and selfless- OF TEXAS S. Lyons, also known as ‘Tiger Lyons.’ Mr. ness, resulting in numerous awards and com- IN THE HOUSE OF REPRESENTATIVES Lyons was part of the 355th Fighter Group. mendations, including the prestigious Meri- Mr. Lyons became a flight leader with 63 mis- Wednesday, May 16, 2018 torious Service and Marine Corp Commenda- sions and completed his 300 combat hours in Mr. CUELLAR. Mr. Speaker, I rise today to tion Medals. March 1945. commemorate the career and service of Ro- SgtMaj Martinez’s work was not limited to The 355th Fighter Group, which Mr. Lyons berta S. Jacobson, U.S. Ambassador to Mex- military service alone as he took it upon him- served in, had pioneered ground strafing tech- ico. self to be a role model and instructor in Texas niques and it was the 355th Fighter Group Ambassador Jacobson represented the best schools. Central Texas has been blessed to who destroyed more enemy aircraft by ground interests of the United States and showed ex- have SgtMaj Martinez teach the MCJROTC at strafing than any other Eighth Air Force ceptional poise while dealing with a variety of Round Rock High School for the past ten Group. Based at Steeple Morden from July complex issues as a diplomat. I personally years. His encouragement and passion for the 1943 to July 1945, the Group flew Thunder- want to thank her for her years of strong lead- Marine Corps has instilled in our youth a bolts and Mustangs as escorts for bombers ership, dedication to service, and unyielding sense of duty and shown them the fruits of a and in area patrols and fighter sweeps. commitment to improving relations with Mex- lifetime of service. For his service he was awarded the Distin- ico. I would also like to recognize her for being SgtMaj Martinez has gone above and be- guished Flying Cross, Air Medal with 8 Oak outspoken on countless issues including vio- yond the expected duties of a Marine and has Leaf Cluster, 5 European Theater Operation lence against women, human rights, and jour- led our youth to new heights. We are grateful Battle Stars, European-African-Middle Eastern nalist safety. for each year he has dedicated to our country. Campaign Medal, World War II Victory Medal, Ambassador Jacobson served in a variety of He has blessed Central Texas with his hard and 2 Presidential Unit Citations. important roles throughout her career, includ- work, valor, and I am proud here to congratu- Mr. Speaker, I rise today to thank Mr. Lyons ing Director of the Office of Policy Planning late him on his retirement after decades of for his service to the country and to express and Coordination in the Bureau of Western service. our gratitude for all that his team did during Hemisphere Affairs, Deputy Chief of Mission f their war to protect the freedoms we all enjoy at the U.S. Embassy in Lima, Peru, Director of today. the Office of Mexican Affairs, and Deputy As- PERSONAL EXPLANATION f sistant Secretary for Canada, Mexico, and NAFTA issues in the Bureau. She would soon HON. DANIEL WEBSTER JERRY PIFER serve as Assistant Secretary of State for OF FLORIDA Western Hemisphere Affairs where she is IN THE HOUSE OF REPRESENTATIVES noted for leading the U.S. delegation in his- HON. ED PERLMUTTER Wednesday, May 16, 2018 OF COLORADO toric talks with the government of Cuba to nor- IN THE HOUSE OF REPRESENTATIVES malize relations. Eventually she would be con- Mr. WEBSTER of Florida. Mr. Speaker, I firmed and sworn in as the first female U.S. was unable to travel back to Washington due Wednesday, May 16, 2018 ambassador to Mexico. to illness. Had I been present, I would have Mr. PERLMUTTER. Mr. Speaker, I rise She received a Bachelor of Arts from Brown voted YEA on Roll Call No. 181; YEA on Roll today to recognize and honor Jerry Pifer for University and received her Master of Arts in Call No. 182; and YEA on Roll Call No. 183.

VerDate Sep 11 2014 04:01 May 17, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A16MY8.030 E16MYPT1 E666 CONGRESSIONAL RECORD — Extensions of Remarks May 16, 2018 PERSONAL EXPLANATION port Criminal Procedure Reform in Panama,’’ eration was given to the existence of millions was borne out of his recent trip to Panama as of Palestinians living under Israeli military oc- HON. LLOYD SMUCKER part of his MP A capstone project; he inter- cupation or the fact that just miles away from OF PENNSYLVANIA viewed Panamanian and U.S. officials on the the new Embassy more than 60 Palestinian IN THE HOUSE OF REPRESENTATIVES country’s criminal justice system and evalu- protesters were being killed by Israeli snipers. ated U.S. programs created to help reform the The extremist, homophobic, and racist Wednesday, May 16, 2018 system. Christopher won Penn’s Rose Under- televangelists—John Hagee and Robert Mr. SMUCKER. Mr. Speaker, had I been graduate Research Award for his work, and he Jeffress—were invited by the Trump adminis- present, I would have voted YEA on Roll Call will share his evaluation and recommendations tration to offer prayers on behalf of the Amer- No. 181; YEA on Roll Call No. 182; and YEA with the U.S. Department of Justice, the State ica people at the ceremony. Their presence on Roll Call No. 183. Department, and the Panamanian Embassy. and prominent roles can only be described as f As Christopher graduates and prepares to an insult to American and Christian values. attend Oxford in the fall, I wish him all the best Israel is a nation that enjoys security and CHRISTOPHER D’URSO: AN EX- in this exciting new step in his life. military superiority largely as a result of the TRAORDINARY RHODES SCHOLAR f generosity of American taxpayers. The rights and freedoms enjoyed by Jewish citizens of HON. CHRISTOPHER H. SMITH TRIBUTE TO MS. ELISA IRENE Israel are not enjoyed by non-Jews who suffer E OF NEW JERSEY D LARGE discrimination as second-class citizens. For IN THE HOUSE OF REPRESENTATIVES the millions of Palestinians living under Israeli Wednesday, May 16, 2018 HON. ROBERT A. BRADY military occupation there are no human rights, OF PENNSYLVANIA only repression, violence; and the constant Mr. SMITH of New Jersey. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES pressure of having their land, water, and dig- rise today to congratulate Christopher D’Urso, Wednesday, May 16, 2018 nity taken from them. a senior at the University of Pennsylvania from I believe in the critical role of the U.S. as a Colts Neck, NJ, in my district, who was one of Mr. BRADY of Pennsylvania. Mr. Speaker, global leader for advancing human rights and only 32 candidates nationwide selected as a today I rise to honor my constituent, Ms. Elisa justice. It should infuriate and illicit outrage 2018 Rhodes Scholar, for a three-year doc- Irene DeLarge, on her graduation from high among Americans to witness the Trump ad- toral program at Oxford University. school and her matriculation to college. ministration abandoning such leadership in ex- Christopher graduated from the University of Ms. DeLarge is a soon-to-be graduate of change for a payback on political debts to Pennsylvania this week with a Master’s of William W. Bodine High School, where she right-wing special interest groups. For the Public Administration (MPA) and a Certificate earned a 3.7GPA over four years. Her suc- Israelis and Palestinians who still believe that in Politics through Penn’s Fels Institute of cess in academics is a testament to her hard diplomacy, dialogue, and reducing conflict are Government—the youngest student to grad- work, tireless work ethic and devotion to her the only path to peace, I will state clearly that uate the university with an MPA. He also future. Ms. DeLarge’s will continue her aca- the Trump administration cannot and must not earned a Bachelor of Arts in International Re- demic career by taking courses at The Com- be trusted with the future of your children or lations, and was named Valedictorian of the munity College of Philadelphia this summer your countries. International Relations Senior Class of 2018, and attending The University of Michigan this I include in the RECORD a column by with a 4.0 GPA. Fall. Michelle Goldbert from the New York Times This fall, Christopher will begin pursuing a In addition to her own academic success, entitled A Grotesque Spectacle in Jerusalem doctorate in Public Policy at Oxford’s re- Ms. DeLarge is also committed to aiding future that outlines the day that destroyed U.S. lead- nowned Blavatnik School of Government as graduates of Philadelphia schools. Ms. ership in the Middle East. The more than sixty one of only five full-time students worldwide DeLarge devotes countless hours to tutoring Palestinian protesters who were killed by selected to enroll in this program. elementary and middle school students at the Israeli snipers and soldiers have been buried. Rhodes Scholarships honor young men and Narcissa S. Cruz Recreation Center. This act Their families and friends grieve. For Ameri- women not only for their achievements, but of selfless mentorship further speaks to Ms. cans who believe the U.S. is a force to ad- ‘‘for their character, commitment to others and DeLarge’s work ethic and morals. vance human rights, equality, and justice, we to the common good, and for their potential for Mr. Speaker, please join me today in con- also grieve because Monday’s spectacle in Je- leadership in whatever domains their careers gratulating Ms. DeLarge today. rusalem placed the U.S. on the side of op- may lead.’’ f pression and repression of a people seeking Christopher most certainly meets these high basic human rights, freedom and self-deter- standards, as I have seen first-hand his keen A TRAGIC DAY FOR PALESTINIAN RIGHTS AND AMERICAN LEADER- mination. It was a truly grotesque spectacle. intellect, passion for public service, out- [From the New York Times: May 14, 2018] standing leadership qualities and commitment SHIP (By Michelle Goldberg) to excellence. From 2013 to 2014, he interned in my district office where he assisted our staff HON. BETTY McCOLLUM A GROTESQUE SPECTACLE IN JERUSALEM On Monday, Ivanka Trump, Jared Kushner with casework matters by helping provide val- OF MINNESOTA uable information from government agencies. and other leading lights of the Trumpist IN THE HOUSE OF REPRESENTATIVES right gathered in Israel to celebrate the relo- As a high school student, his research on Wednesday, May 16, 2018 cation of the American Embassy to Jeru- loopholes in U.S. country-of-origin labeling salem, a gesture widely seen as a slap in the laws that pose risks to consumer safety was Ms. MCCOLLUM. Mr. Speaker, Monday’s face to Palestinians who envision East Jeru- so well-conducted that in 2014, he testified be- events in Jerusalem and Gaza will long be re- salem as their future capital. fore the China Commission alongside officials membered as the day the U.S. formally aban- The event was grotesque. It was a con- from the USDA and the FDA in a hearing on doned its role as mediator and peacemaker in summation of the cynical alliance between concerns over food exports from China. He the conflict between Israel and the Palestin- hawkish Jews and Zionist evangelicals who also produced a report with legislative rec- ians. The Trump administration’s decision to believe that the return of Jews to Israel will move the U.S. Embassy to Jerusalem was a usher in the apocalypse and the return of ommendations on the issue. Christ, after which Jews who don’t convert I know that consumer safety and public grave departure from internationally recog- will burn forever. service are important issues for Christopher— nized norms regarding the final status of Jeru- Religions like ‘‘Mormonism, Islam, Juda- while at Penn, he founded Penn CASE, a stu- salem. Monday’s opening ceremony of the ism, Hinduism’’ lead people ‘‘to an eternity dent—led consumer assistance outreach pro- new U.S. Embassy in Jerusalem will prove to of separation from God in Hell,’’ Robert gram for local residents. Christopher also be a historic mistake that will haunt future U.S. Jeffress, a Dallas megachurch pastor, once worked for the Monmouth County Department presidents long after Donald Trump has de- said. He was chosen to give the opening pray- of Consumer Affairs for three years, inves- parted the White House. er at the embassy ceremony. John Hagee, The ceremony marking the Embassy’s one of America’s most prominent end-times tigating 70 consumer complaints—many of preachers, once said that Hitler was sent by them related to Hurricane Sandy—and helping opening was made for television, as well as God to drive the Jews to their ancestral return over $114,000 to local citizens. the right-wing voters in America and Israel the homeland. He gave the closing benediction. His senior project, a report on ‘‘Translating policy was intended to appeal to. The pros- This spectacle, geared toward Donald Justice: An Evaluation of U.S. Efforts to Sup- pects of peace were discarded and no consid- Trump’s Christian American base, coincided

VerDate Sep 11 2014 04:01 May 17, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A16MY8.035 E16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E667 with a massacre about 40 miles away. Since ment and sanctions movement, told me via security of the United States posed by March 30, there have been mass protests at email. certain types of foreign investment. the fence separating Gaza and Israel. Gazans, Trump has empowered what’s worst in SD–538 facing an escalating humanitarian crisis due Israel, and as long as he is president, it may Committee on Commerce, Science, and in large part to an Israeli blockade, are de- be that Israel can kill Palestinians, demolish Transportation manding the right to return to homes in their homes and appropriate their land with Business meeting to consider S. 2848, to Israel that their families were forced from at impunity. But some day, Trump will be gone. improve Department of Transportation Israel’s founding. The demonstrators have With hope for a two-state solution nearly controlled substances and alcohol test- been mostly but not entirely peaceful; dead, current trends suggest that a Jewish ing, S. 2842, to prohibit the marketing Gazans have thrown rocks at Israeli soldiers minority will come to rule over a largely of bogus opioid treatment programs or and tried to fly flaming kites into Israel. The disenfranchised Muslim majority in all the products, S. 2844, to require the Surface Israeli military has responded with live gun- land under Israel’s control. A rising genera- Transportation Board to implement fire as well as rubber bullets and tear gas. In tion of Americans may see an apartheid certain recommendations of the Inspec- clashes on Monday, at least 58 Palestinians state with a Trump Square in its capital and tor General of the Department of were killed and thousands wounded, accord- wonder why it’s supposed to be our friend. Transportation, S. 2764, to amend and ing to the Gaza Health Ministry. enhance the High Seas Driftnet Fishing The juxtaposition of images of dead and f Moratorium Protection Act to improve wounded Palestinians and Ivanka Trump the conservation of sharks, S. 1092, to smiling in Jerusalem like a Zionist Marie SENATE COMMITTEE MEETINGS protect the right of law-abiding citi- Antoinette tell us a lot about America’s re- Title IV of Senate Resolution 4, zens to transport knives interstate, lationship to Israel right now. It has never agreed to by the Senate of February 4, notwithstanding a patchwork of local been closer, but within that closeness there 1977, calls for establishment of a sys- and State prohibitions, S. 2418, to di- are seeds of potential estrangement. rect the Federal Communications Com- Defenders of Israel’s actions in Gaza will tem for a computerized schedule of all mission to promulgate regulations that argue no country would allow a mob to meetings and hearings of Senate com- establish a national standard for deter- charge its border. They will say that even if mittees, subcommittees, joint commit- mining whether mobile and broadband Hamas didn’t call the protests, it has thrown tees, and committees of conference. services available in rural areas are its support behind them. ‘‘The responsibility This title requires all such committees reasonably comparable to those serv- for these tragic deaths rests squarely with to notify the Office of the Senate Daily ices provided in urban areas, the nomi- Hamas,’’ a White House spokesman, Raj Digest—designated by the Rules Com- nations of Heidi R. King, of California, Shah, said on Monday. to be Administrator of the National But even if you completely dismiss the mittee—of the time, place and purpose Highway Traffic Safety Administra- Palestinian right of return—which I find of the meetings, when scheduled and tion, Department of Transportation, harder to do now that Israel’s leadership has any cancellations or changes in the Joseph Ryan Gruters, of Florida, to be all but abandoned the possibility of a Pales- meetings as they occur. a Director of the Amtrak Board of Di- tinian state—it hardly excuses the Israeli As an additional procedure along rectors, Jennifer L. Homendy, of Vir- military’s disproportionate violence. ‘‘What with the computerization of this infor- ginia, to be a Member of the National we’re seeing is that Israel has used, yet mation, the Office of the Senate Daily Transportation Safety Board, and routine lists in the Coast Guard. again, excessive and lethal force against pro- Digest will prepare this information for testers who do not pose an imminent SD–106 threat,’’ Magdalena Mughrabi, Amnesty printing in the Extensions of Remarks Committee on Health, Education, Labor, International’s deputy director for the Mid- section of the CONGRESSIONAL RECORD and Pensions dle East and North Africa, told me by phone on Monday and Wednesday of each To hold hearings to examine the from Jerusalem. week. healthcare workforce, focusing on ad- Much of the world condemned the killings Meetings scheduled for Thursday, dressing shortages and improving care. in Gaza. Yet the United States, Israel’s most May 17, 2018 may be found in the Daily SD–430 important patron, has given it a free hand to 10:30 a.m. Digest of today’s RECORD. do with the Palestinians what it will. Indeed, Committee on Appropriations by moving the embassy to Jerusalem in the Subcommittee on Agriculture, Rural De- first place, Trump sent the implicit message MEETINGS SCHEDULED velopment, Food and Drug Administra- that the American government has given up MAY 21 tion, and Related Agencies any pretense of neutrality. Business meeting to markup an original 5 p.m. Reports of Israel’s gratitude to Trump bill entitled, ‘‘Agriculture, Rural De- Committee on Armed Services abound. A square near the embassy is being velopment, Food and Drug Administra- Subcommittee on Airland renamed in his honor. Beitar Jerusalem, a tion and Related Agencies Appropria- Closed business meeting to markup those soccer team whose fans are notorious for tions Act, 2019’’. provisions which fall under the sub- their racism, is now calling itself Beitar SD–192 committee’s jurisdiction of the pro- ‘‘Trump’’ Jerusalem. But if Israelis love 11 a.m. posed National Defense Authorization Trump, many Americans—and certainly Committee on Armed Services Act for fiscal year 2019. most American Jews—do not. The more Subcommittee on Readiness and Manage- SR–232A Trumpism and Israel are intertwined, the ment Support more left-leaning Americans will grow alien- Closed business meeting to markup those MAY 22 ated from Zionism. provisions which fall under the sub- Even before Trump, Prime Minister Ben- 9:30 a.m. committee’s jurisdiction of the pro- jamin Netanyahu helped open a partisan di- Committee on Armed Services posed National Defense Authorization vide on Israel in American politics, where Subcommittee on SeaPower Act for fiscal year 2019. previously there had been stultifying una- Closed business meeting to markup those SR–232A nimity. ‘‘Until these past few years, you’d provisions which fall under the sub- 2:15 p.m. never heard the word ‘occupation’ or ‘settle- committee’s jurisdiction of the pro- Committee on Foreign Relations ments’ or talk about Gaza,’’ Jeremy Ben- posed National Defense Authorization Business meeting to consider S. 2269, to Ami, president of the liberal pro-Israel group Act for fiscal year 2019. reauthorize the Global Food Security J Street, said of American politicians. But SR–232A Act of 2016 for 5 additional years, S. Ben-Ami told me that since 2015, when 10 a.m. Res. 386, urging the Government of the Netanyahu tried to undercut President Committee on Appropriations Democratic Republic of the Congo to Barack Obama with a controversial address Subcommittee on Financial Services and fulfill its agreement to hold credible to Congress opposing the Iran deal, Demo- General Government elections, comply with constitutional crats have felt more emboldened. ‘‘That To hold hearings to examine proposed limits on presidential terms, and fulfill changed the calculus forever,’’ he told me. budget estimates and justification for its constitutional mandate for a demo- The events of Monday may have changed it fiscal year 2019 for the Department of cratic transition of power by taking further, and things could get worse still. the Treasury. concrete and measurable steps towards Tuesday is Nakba Day, when Palestinians SD–138 holding elections not later than De- commemorate their dispossession, and the Committee on Banking, Housing, and cember 2018 as outlined in the existing protests at the fence are expected to be even Urban Affairs election calendar, and allowing for larger. ‘‘People don’t feel like they can stay Business meeting to consider S. 2098, to freedom of expression and association, at home after loved ones and neighbors have modernize and strengthen the Com- and the Marrakesh Treaty to Facili- been killed for peacefully protesting for mittee on Foreign Investment in the tate Access to Published Works for their rights,’’ Abdulrahman Abunahel, a United States to more effectively Persons Who Are Blind, Visually Im- Gaza-based activist with the boycott, divest- guard against the risk to the national paired, or Otherwise Print Disabled,

VerDate Sep 11 2014 04:01 May 17, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A16MY8.038 E16MYPT1 E668 CONGRESSIONAL RECORD — Extensions of Remarks May 16, 2018 done at Marrakesh on June 27, 2013 5:15 p.m. fiscal year 2019 for the National Aero- (Marrakesh Treaty) (Treaty Doc.114– Committee on Armed Services nautics and Space Administration. 06). Subcommittee on Strategic Forces SD–192 S–116 Closed business meeting to markup those Committee on Homeland Security and 2:30 p.m. provisions which fall under the sub- Governmental Affairs Committee on Appropriations committee’s jurisdiction of the pro- To hold hearings to examine the nomina- Subcommittee on Energy and Water Devel- posed National Defense Authorization tions of Emory A. Rounds III, of Maine, opment Act for fiscal year 2019. to be Director of the Office of Govern- Business meeting to markup an original SR–232A ment Ethics, Kelly Higashi, to be an Associate Judge of the Superior Court bill entitled, ‘‘Energy and Water Devel- of the District of Columbia, and Fred- opment and Related Agencies Appro- MAY 23 erick M. Nutt, of Virginia, to be Con- priations Act, 2019’’. 9:30 a.m. troller, Office of Federal Financial Committee on Appropriations SD–138 Management, Office of Management Subcommittee on Department of the Inte- Committee on Armed Services and Budget. Subcommittee on Personnel rior, Environment, and Related Agen- SD–342 Business meeting to markup those provi- cies Committee on the Judiciary sions which fall under the subcommit- To hold hearings to examine proposed Subcommittee on Border Security and Im- tee’s jurisdiction of the proposed Na- budget estimates and justification for migration tional Defense Authorization Act for fiscal year 2019 for the Department of To hold hearings to examine the Traf- fiscal year 2019. Health and Human Services, Indian ficking Victims Protection Reauthor- SH–216 Health Service. ization Act and exploited loopholes af- Committee on Commerce, Science, and SD–124 fecting unaccompanied alien children. Transportation Committee on Armed Services SD–226 Subcommittee on Consumer Protection, Closed business meeting to markup the Product Safety, Insurance, and Data proposed National Defense Authoriza- MAY 24 Security tion Act for fiscal year 2019. 9 a.m. To hold hearings to examine preventing SR–222 Committee on Finance 10 a.m. abuse in Olympic and amateur ath- To hold hearings to examine rural health Committee on Banking, Housing, and letics, focusing on ensuring a safe and care in America, focusing on challenges Urban Affairs secure environment for our athletes. and opportunities. To hold hearings to examine the status SR–253 SD–215 of the housing finance system. Joint Economic Committee 9:30 a.m. SD–538 To hold hearings to examine breaking Committee on Armed Services Committee on Health, Education, Labor, through the regulatory barrier, focus- Closed business meeting to continue to and Pensions markup the proposed National Defense ing on what red tape means for the in- Business meeting to consider S. 2852, to Authorization Act for fiscal year 2019. novation economy. reauthorize certain programs under the SR–222 LHOB–1100 Pandemic and All-Hazards Prepared- 10 a.m. 3:30 p.m. ness Reauthorization Act. Committee on Banking, Housing, and Committee on Armed Services SD–430 Urban Affairs Subcommittee on Cybersecurity Committee on the Judiciary To hold hearings to examine cybersecu- Closed business meeting to markup those To hold hearings to examine pending rity, focusing on risks to the financial provisions which fall under the sub- nominations. services industry and its preparedness. committee’s jurisdiction of the pro- SD–226 SD–538 posed National Defense Authorization 10:30 a.m. Committee on Foreign Relations Act for fiscal year 2019. Committee on the Budget To hold hearings to examine the Presi- SR–232A To hold hearings to examine the Govern- dent’s proposed budget request for fis- 4:30 p.m. ment Accountability Office’s annual cal year 2019 for the Department of Committee on Armed Services report on additional opportunities to State. Subcommittee on Emerging Threats and reduce fragmentation, overlap, and du- SD–419 Capabilities plication in the Federal government. Closed business meeting to markup those SD–608 MAY 25 provisions which fall under the sub- 2:30 p.m. 9:30 a.m. committee’s jurisdiction of the pro- Committee on Appropriations Committee on Armed Services posed National Defense Authorization Subcommittee on Commerce, Justice, Closed business meeting to continue to Act for fiscal year 2019. Science, and Related Agencies markup the proposed National Defense SR–232A To hold hearings to examine proposed Authorization Act for fiscal year 2019. budget estimates and justification for SR–222

VerDate Sep 11 2014 04:01 May 17, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\M16MY8.000 E16MYPT1 Wednesday, May 16, 2018 Daily Digest Senate SEA Act: Committee on Veterans’ Affairs was dis- Chamber Action charged from further consideration of H.R. 2772, to Routine Proceedings, pages S2687–S2733 amend title 38, United States Code, to provide for Measures Introduced: Nineteen bills and four reso- requirements relating to the reassignment of Depart- lutions were introduced, as follows: S. 2853–2871, ment of Veterans Affairs senior executive employees, and the bill was then passed, after agreeing to the and S. Res. 511–514. Pages S2724–25 following amendment proposed thereto: Page S2732 Measures Reported: McConnell (for Tillis) Amendment No. 2244, in S. 1692, to authorize the National Emergency the nature of a substitute. Page S2732 Medical Services Memorial Foundation to establish a Veterans in Rehabilitation Programs: Com- commemorative work in the District of Columbia mittee on Veterans’ Affairs was discharged from fur- and its environs. (S. Rept. No. 115–249) ther consideration of H.R. 3562, to amend title 38, Pages S2723–24 United States Code, to authorize the Secretary of Measures Passed: Veterans Affairs to furnish assistance for adaptations Federal Communications Commission Rule: By of residences of veterans in rehabilitation programs under chapter 31 of such title, and the bill was then 52 yeas to 47 nays (Vote No. 97), Senate passed S.J. passed. Page S2732 Res. 52, providing for congressional disapproval under chapter 8 of title 5, United States Code, of Smithsonian National Zoological Park Central the rule submitted by the Federal Communications Parking Facility Authorization Act: Committee on Commission relating to ‘‘Restoring Internet Free- Rules and Administration was discharged from fur- dom’’, after agreeing to the motion to proceed. ther consideration of H.R. 4009, to authorize the Board of Regents of the Smithsonian Institution to Pages S2698–S2709 plan, design, and construct a central parking facility During consideration of this measure today, Senate on National Zoological Park property in the District also took the following action: of Columbia, and the bill was then passed. By 52 yeas to 47 nays (Vote No. 96), Senate Pages S2732–33 agreed to Markey motion to proceed to consideration Authorizing the Use of Emancipation Hall: of the joint resolution. Page S2698 Sen- ate agreed to H. Con. Res. 112, authorizing the use Improve Data on Sexual Violence Act: Senate of Emancipation Hall in the Capitol Visitor Center passed S. 2349, to direct the Director of the Office for an event to celebrate the birthday of King Kame- of Management and Budget to establish an inter- hameha I. Page S2733 agency working group to study Federal efforts to National Police Week: Senate agreed to S. Res. collect data on sexual violence and to make rec- 512, designating the week of May 13 through May ommendations on the harmonization of such efforts. 19, 2018, as ‘‘National Police Week’’. Page S2733 Page S2731 National Foster Care Month: Senate agreed to S. Project Safe Neighborhoods Grant Program Au- Res. 513, recognizing National Foster Care Month as thorization Act: Committee on the Judiciary was an opportunity to raise awareness about the chal- discharged from further consideration of H.R. 3249, lenges of children in the foster-care system, and en- to authorize the Project Safe Neighborhoods Grant couraging Congress to implement policy to improve Program, and the bill was then passed, after agreeing the lives of children in the foster-care system. to the following amendment proposed thereto: Page S2733 Pages S2731–32 National Charter Schools Week: Senate agreed to McConnell (for Cornyn/Peters) Amendment No. S. Res. 514, congratulating the students, parents, 2245, in the nature of a substitute. Pages S2731–32 teachers, and leaders of charter schools across the D529

VerDate Sep 11 2014 07:02 May 17, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16MY8.REC D16MYPT1 D530 CONGRESSIONAL RECORD — DAILY DIGEST May 16, 2018 United States for making ongoing contributions to education, and supporting the ideals and goals of the Committee Meetings 19th annual National Charter Schools Week, cele- (Committees not listed did not meet) brated May 7 through May 11, 2018. Page S2733 APPROPRIATIONS: EPA Budget Resolution—Agreement: A unanimous- consent-time agreement was reached providing that Committee on Appropriations: Subcommittee on Depart- following Leader remarks on Thursday, May 17, ment of the Interior, Environment, and Related 2018, Senator Paul, or his designee, be recognized to Agencies concluded a hearing to examine proposed make a motion to proceed to consideration of S. budget estimates and justification for fiscal year Con. Res. 36, a concurrent resolution setting forth 2019 for the Environmental Protection Agency, after the congressional budget for the United States Gov- receiving testimony from Scott Pruitt, Adminis- ernment for fiscal year 2019 and setting forth the trator, Environmental Protection Agency. appropriate budgetary levels for fiscal years 2020 APPROPRIATIONS: FBI through 2028; that there be up to 90 minutes of de- Committee on Appropriations: Subcommittee on Com- bate on the motion, with 45 minutes under the con- merce, Justice, Science, and Related Agencies control of Senator Paul, or his designee, and 45 minutes cluded open and closed hearings to examine pro- under the control of the Democratic Leader, or his posed budget estimates and justification for fiscal designee; and that following the use or yielding back year 2019 for the Federal Bureau of Investigation, of that time, Senate vote in relation to the motion. after receiving testimony from Christopher A. Wray, Page S2719 Director, Federal Bureau of Investigation, Depart- Nominations Confirmed: Senate confirmed the fol- ment of Justice. lowing nominations: ROLE OF DHS IN STOPPING FLOW OF By 50 yeas to 48 nays (Vote No. EX. 98), Mitch- DRUGS ell Zais, of South Carolina, to be Deputy Secretary Committee on Appropriations: Subcommittee on Depart- of Education. Pages S2687–98, S2709–10, S2733 ment of Homeland Security concluded a hearing to 1 Coast Guard nomination in the rank of admiral. examine the role of the Department of Homeland Pages S2719, S2733 Security in stopping the flow of opioids, Messages from the House: Page S2723 methamphetamines, and other dangerous drugs, after receiving testimony from Todd Owen, Executive As- Measures Referred: Page S2723 sistant Commissioner, Customs and Border Protec- Measures Placed on the Calendar: tion, Office of Field Operations, Derek Benner, Act- Pages S2723, S2731 ing Executive Associate Director, Immigration and Customs Enforcement, Homeland Security Investiga- Executive Communications: Page S2723 tions, and Andre L. Hentz, Acting Deputy Under Petitions and Memorials: Page S2723 Secretary for Science and Technology, Science and Executive Reports of Committees: Page S2724 Technology Directorate, all of the Department of Homeland Security. Additional Cosponsors: Pages S2725–26 RAILROAD SAFETY Statements on Introduced Bills/Resolutions: Pages S2726–29 Committee on Appropriations: Subcommittee on Trans- portation, Housing and Urban Development, and Additional Statements: Pages S2722–23 Related Agencies concluded a hearing to examine Amendments Submitted: Pages S2729–30 railroad safety initiatives, after receiving testimony Authorities for Committees to Meet: from Ronald L. Batory, Administrator, Federal Rail- road Administration, Department of Transportation; Pages S2730–31 Stephen J. Gardner, Amtrak, Washington, D.C.; Ar- Privileges of the Floor: Page S2731 thur Leahy, Southern California Regional Rail Au- Record Votes: Three record votes were taken today. thority (Metrolink), Los Angeles, California; and Pa- (Total—98) Pages S2698, S2709–10 tricia Quinn, Northern New England Passenger Rail Authority, Portland, Maine. Adjournment: Senate convened at 9:30 a.m. and adjourned at 6:47 p.m., until 9:30 a.m. on Thurs- NOMINATIONS day, May 17, 2018. (For Senate’s program, see the Committee on Commerce, Science, and Transportation: remarks of the Majority Leader in today’s Record on Committee concluded a hearing to examine the page S2733.) nominations of Joseph Ryan Gruters, of Florida, to

VerDate Sep 11 2014 07:02 May 17, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D16MY8.REC D16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D531 be a Director of the Amtrak Board of Directors, who use of military force against the Taliban, al Qaeda, was introduced by Representative Ronney; Jennifer the Islamic State in Iraq and Syria, and designated L. Homendy, of Virginia, to be a Member of the associated forces, and to provide an updated, trans- National Transportation Safety Board, who was in- parent, and sustainable statutory basis for counterter- troduced by Senator Blumenthal, and Heidi R. rorism operations, after receiving testimony from King, of California, to be Administrator of the Na- John B. Bellinger III, Council on Foreign Relations, tional Highway Traffic Safety Administration, De- and Rita M. Siemion, Human Rights First, both of partment of Transportation, after the nominees testi- Washington, D.C. fied and answered questions in their own behalf. BUSINESS MEETING INTERNATIONAL SPACE STATION Committee on Indian Affairs: Committee ordered favor- Committee on Commerce, Science, and Transportation: Sub- ably reported the following business items: committee on Space, Science, and Competiveness S. 1400, to amend title 18, United States Code, concluded a hearing to examine the future of the to enhance protections of Native American tangible International Space Station; focusing on Administra- cultural heritage; and tion perspectives, after receiving testimony from S. 2804, to provide for the reform and continu- William H. Gerstenmaier, Associate Administrator ation of agricultural and other programs of the De- for Human Exploration and Operations, and Paul K. partment of Agriculture for Indian Country. Martin, Inspector General, both of the National Aer- onautics and Space Administration. SAFETY AND SECURITY AT BUREAU OF INDIAN EDUCATION SCHOOLS BUSINESS MEETING Committee on Indian Affairs: Committee concluded an Committee on Foreign Relations: Committee ordered fa- oversight hearing to examine safety and security at vorably reported the nominations of Francis R. Bureau of Indian Education schools, after receiving Fannon, of Virginia, to be an Assistant Secretary testimony from Tony Dearman, Director, Bureau of (Energy Resources), Jonathan R. Cohen, of Cali- Indian Education, Department of the Interior; fornia, to be the Deputy Representative of the Cecelia Firethunder, Oglala Lakota Nation Education United States of America to the United Nations, Coalition, Pine Ridge, South Dakota; and Gary J. with the rank and status of Ambassador, and the Lujan, Santa Fe Indian School, Santa Fe, New Mex- Deputy Representative of the United States of Amer- ico. ica in the Security Council of the United Nations, and to be Representative of the United States of CAMBRIDGE ANALYTICA America to the Sessions of the General Assembly of Committee on the Judiciary: Committee concluded a the United Nations, during his tenure of service as hearing to examine Cambridge Analytica and the fu- Deputy Representative of the United States of Amer- ture of data privacy, after receiving testimony from ica to the United Nations, and David B. Cornstein, Eitan Hersh, Tufts University, Medford, Massachu- of New York, to be Ambassador to Hungary, all of setts; Mark A. Jamison, American Enterprise Insti- the Department of State, Eliot Pedrosa, of Florida, to tute, Gainesville, Florida; and Christopher Wylie, be United States Alternate Executive Director of the London, United Kingdom. Inter-American Development Bank, and Jackie Wol- cott, of Virginia, to be Representative of the United BUSINESS MEETING States of America to the International Atomic En- Select Committee on Intelligence: Committee ordered fa- ergy Agency, with the rank of Ambassador, and to vorably reported the nomination of Gina Haspel, of be Representative of the United States of America to Kentucky, to be Director of the Central Intelligence the Vienna Office of the United Nations, with the Agency. rank of Ambassador. INTELLIGENCE AUTHORIZATION OF THE USE OF Select Committee on Intelligence: Committee held closed MILITARY FORCE hearings on intelligence matters, receiving testimony Committee on Foreign Relations: Committee concluded from officials of the intelligence community. a hearing to examine S.J. Res. 59, to authorize the Committee recessed subject to the call.

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Hills National Cemetery, by a 2⁄3 yea-and-nay vote Chamber Action of 407 yeas with none voting ‘‘nay’’, Roll No. 187. Public Bills and Resolutions Introduced: 24 pub- Page H4008 lic bills, H.R. 5833–5856; and 4 resolutions, H. Requesting the Senate to return to the House of Con. Res. 121; and H. Res. 897–899 were intro- Representatives the bill H.R. 4743: The House duced. Pages H4137–38 agreed to H. Res. 899, requesting the Senate to re- Additional Cosponsors: Pages H4139–40 turn to the House of Representatives the bill H.R. 4743. Page H4008 Report Filed: A report was filed today as follows: H. Res. 900, providing for further consideration Unanimous Consent Agreement: Agreed by unan- of the bill (H.R. 2) to provide for the reform and imous consent that the question of adopting the continuation of agricultural and other programs of amendment to H.R. 5698 may be subject to post- the Department of Agriculture through fiscal year ponement as though under clause 8 of rule 20. 2023, and for other purposes (H. Rept. 115–679). Page H4009 Page H4137 Protect and Serve Act of 2018: The House passed H.R. 5698, to amend title 18, United States Code, Speaker: Read a letter from the Speaker wherein he to punish criminal offenses targeting law enforce- appointed Representative Higgins (LA) to act as ment officers, by a yea-and-nay vote of 382 yeas to Speaker pro tempore for today. Page H3981 35 nays, Roll No. 188. Pages H4009–14, H4057 Recess: The House recessed at 10:59 a.m. and re- Agreed to: convened at 12 noon. Page H3987 Goodlatte amendment (No. 1 printed in part A of Guest Chaplain: The prayer was offered by the H. Rept. 115–677) that adds clarifying language so Guest Chaplain, Dr. Ted Kitchens, Christ Chapel only those who cause injury to a law enforcement officer with intent, not by accident, can be charged Bible Church, Fort Worth, TX. Page H3987 under the statute; it also amends the definition of Journal: The House agreed to the Speaker’s approval law enforcement officer to assure correctional officers of the Journal by voice vote. Pages H3987, H4058 are covered by the definition. Page H4014 Committee Resignation: Read a letter from Rep- H. Res. 891, the rule providing for consideration resentative Banks (IN) wherein he resigned from the of the bills (H.R. 5698), (S. 2372), and (H.R. 2) was Committee on Science, Space, and Technology. agreed to by a recorded vote of 229 ayes to 185 noes, Roll No. 186, after the previous question was Page H3990 ordered by a yea-and-nay vote of 230 yeas to 184 Committee Resignation: Read a letter from Rep- nays, Roll No. 185. Pages H3991–H4007 resentative Rutherford wherein he resigned from the A point of order was raised against the consider- Committee on Homeland Security and the Com- ation of H. Res. 891 and it was agreed to proceed mittee on Veterans’ Affairs. Page H3990 with consideration of the resolution by a yea-and-nay Committee Resignation: Read a letter from Rep- vote of 223 yeas to 181 nays, Roll No. 184. resentative Wenstrup wherein he resigned from the Pages H3991–94 Committee on Veterans’ Affairs and the Committee Veterans Cemetery Benefit Correction Act: The on Armed Services. Pages H3990–91 House passed S. 2372, to amend title 38, United Committee Elections: The House agreed to H. Res. States Code, to provide outer burial receptacles for remains buried in National Parks, by a recorded vote 897, electing Members to certain standing commit- of 347 ayes to 70 noes, Roll No. 189. tees of the House of Representatives. Page H3991 Pages H4014–46, H4057–58 Suspension—Proceedings Resumed: The House Pursuant to the Rule, an amendment in the na- agreed to suspend the rules and pass the following ture of a substitute consisting of the text of H.R. measure. Consideration began Tuesday, May 15th. 5674 as reported by the Committee on Veterans’ Af- Black Hills National Cemetery Boundary Ex- fairs, as modified by the amendment printed in part pansion Act: S. 35, to transfer administrative juris- B of H. Rept. 115–677, shall be considered as diction over certain Bureau of Land Management adopted. Page H4014 land from the Secretary of the Interior to the Sec- H. Res. 891, the rule providing for consideration of the bills (H.R. 5698), (S. 2372), and (H.R. 2) was retary of Veterans Affairs for inclusion in the Black agreed to by a recorded vote of 229 ayes to 185

VerDate Sep 11 2014 07:02 May 17, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D16MY8.REC D16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D533 noes, Roll No. 186, after the previous question was gram to permit rural hospitals to refinance existing ordered by a yea-and-nay vote of 230 yeas to 184 debt; Pages H4125–26 nays, Roll No. 185. Pages H3991–H4007 Jones amendment (No. 7 printed in part C of H. A point of order was raised against the consider- Rept. 115–677) that removes the first 1,500 indi- ation of H. Res. 891 and it was agreed to proceed viduals residing on military bases from calculation with consideration of the resolution by a yea-and-nay into population thresholds set for ‘rural areas’; vote of 223 yeas to 181 nays, Roll No. 184. Pages H4126–27 Pages H3991–94 Latta amendment (No. 8 printed in part C of H. Directing the Secretary of the Senate to make a Rept. 115–677) that requires the Federal Commu- correction in the enrollment of the bill S. 2372: nications Commission, in consultation with the The House agreed to H. Con. Res. 121, directing United States Department of Agriculture, to estab- the Secretary of the Senate to make a correction in lish a task force for reviewing the connectivity and the enrollment of the bill S. 2372. Page H4058 technology needs of precision agriculture in the United States; and Pages H4127–28 Agriculture and Nutrition Act of 2018: The Thompson (PA) amendment (No. 9 printed in House considered H.R. 2, to provide for the reform part C of H. Rept. 115–677) that adds Chronic and continuation of agricultural and other programs Wasting Disease to Sec. 7208, High-Priority Re- of the Department of Agriculture through fiscal year search and Extension Initiatives. Pages H4128–29 2023. Consideration is expected to resume tomor- H. Res. 891, the rule providing for consideration row, May 17th. Pages H4046–50, H4050–57, H4058–4129 of the bills (H.R. 5698), (S. 2372), and (H.R. 2) was Pursuant to the Rule, it shall be in order to con- agreed to by a recorded vote of 229 ayes to 185 sider as an original bill for the purpose of amend- noes, Roll No. 186, after the previous question was ment under the five-minute rule the amendment in ordered by a yea-and-nay vote of 230 yeas to 184 the nature of a substitute recommended by the Com- nays, Roll No. 185. Pages H3991–H4007 mittee on Agriculture now printed in the bill. A point of order was raised against the consider- Page H4058 ation of H. Res. 891 and it was agreed to proceed Agreed to: with consideration of the resolution by a yea-and-nay King (IA) amendment (No. 1 printed in part C vote of 223 yeas to 181 nays, Roll No. 184. of H. Rept. 115–677) that allows Environmental Pages H3991–94 Quality Incentives Program (EQIP) to go into con- Recess: The House recessed at 8:31 p.m. and recon- tracts with drainage districts to provide irrigation or vened at 9:40 p.m. Page H4136 water efficiency; Pages H4123–24 Gibbs amendment (No. 2 printed in part C of H. Senate Referrals: S.J. Res. 52 was held at the desk. Rept. 115–677) that expresses a sense of Congress Senate Message: Message received from the Senate encouraging partnerships at the watershed level be- today appears on page H4050. tween nonpoint sources and regulated point sources Quorum Calls—Votes: Four yea-and-nay votes and to advance the goals of the Water Pollution Control two recorded votes developed during the proceedings Act; Page H4124 of today and appear on pages H3993–94, Rogers (AL) amendment (No. 4 printed in part C H4006–07, H4007, H4008, H4057, and of H. Rept. 115–677) that amends the Nutrition H4057–58. There were no quorum calls. title to allow SNAP users to purchase a multivitamin with their SNAP benefits; Pages H4124–25 Adjournment: The House met at 10 a.m. and ad- Bergman amendment (No. 5 printed in part C of journed at 9:41 p.m. H. Rept. 115–677) that directs GAO to study the agricultural credit needs of farms, ranches, and re- Committee Meetings lated agricultural businesses that are owned or operated by Indian tribes on tribal lands or enrolled MISCELLANEOUS MEASURES members of Indian tribes on Indian allotments; if Committee on Appropriations: Full Committee held a needs are not being met, report shall include legisla- markup on the FY 2019 Energy and Water Devel- tive and other recommendations that would result in opment, and Related Agencies Appropriations Bill; a system under which the needs are met in an equi- and the FY 2019 Agriculture, Rural Development, table and effective manner; Page H4125 Food and Drug Administration, and Related Agen- Arrington amendment (No. 6 printed in part C of cies Appropriations Bill. The FY 2019 Energy and H. Rept. 115–677) that modifies the Community Water Development, and Related Agencies Appro- Facilities Direct Loan and Guarantee Loan Program priations Bill; and the FY 2019 Agriculture, Rural and the Business and Industry Guaranteed Loan Pro- Development, Food and Drug Administration, and

VerDate Sep 11 2014 07:02 May 17, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D16MY8.REC D16MYPT1 D534 CONGRESSIONAL RECORD — DAILY DIGEST May 16, 2018 Related Agencies Appropriations Bill were ordered Peikin, Co-Director, Division of Enforcement, Secu- reported, as amended. rities and Exchange Commission. MISCELLANEOUS MEASURE IMPLEMENTATION OF FINCEN’S CUSTOMER DUE DILIGENCE RULE Committee on Appropriations: Subcommittee on Trans- portation, Housing and Urban Development, and Committee on Financial Services: Subcommittee on Ter- Related Agencies held a markup on the FY 2019 rorism and Illicit Finance held a hearing entitled Transportation, Housing and Urban Development, ‘‘Implementation of FinCEN’s Customer Due Dili- and Related Agencies Appropriations Bill. The FY gence Rule’’. Testimony was heard from Kenneth A. 2019 Transportation, Housing and Urban Develop- Blanco, Director, Financial Crimes Enforcement Net- ment, and Related Agencies Appropriations Bill was work. forwarded to the full Committee, without amend- THE U.S. CAPITOL VISITOR CENTER—TEN ment. YEARS OF SERVING CONGRESS AND THE ENHANCING RETIREMENT SECURITY: AMERICAN PEOPLE EXAMINING PROPOSALS TO SIMPLIFY Committee on House Administration: Full Committee AND MODERNIZE RETIREMENT PLAN held a hearing entitled ‘‘The U.S. Capitol Visitor ADMINISTRATION Center—Ten Years of Serving Congress and the Committee on Education and the Workforce: Sub- American People’’. Testimony was heard from Beth committee on Health, Employment, Labor, and Pen- Plemmons, CEO for Visitor Services, U.S. Capitol sions held a hearing entitled ‘‘Enhancing Retirement Visitor Center. Security: Examining Proposals to Simplify and Mod- MISCELLANEOUS MEASURES ernize Retirement Plan Administration’’. Testimony Committee on Natural Resources: Full Committee held was heard from public witnesses. a markup on H.R. 224, the ‘‘Polar Bear Conserva- TELECOMMUNICATIONS, GLOBAL tion and Fairness Act’’; H.R. 857, the ‘‘California COMPETITIVENESS, AND NATIONAL Off-Road Recreation and Conservation Act’’; H.R. SECURITY 3045, the ‘‘Eastern Legacy Extension Act’’; H.R. 3186, the ‘‘Every Kid Outdoors Act’’; H.R. 3916, Committee on Energy and Commerce: Subcommittee on the ‘‘FISH Act’’; and H.R. 4419, the ‘‘Bureau of Communications and Technology held a hearing en- Reclamation and Bureau of Indian Affairs Water titled ‘‘Telecommunications, Global Competitiveness, Project Streamlining Act’’. H.R. 224 was ordered re- and National Security’’. Testimony was heard from ported, without amendment. H.R. 857, H.R. 3045, public witnesses. H.R. 3186, H.R. 3916, and H.R. 4419 were or- LEGISLATION ADDRESSING NEW SOURCE dered reported, as amended. REVIEW PERMITTING REFORM WORKFORCE FOR THE 21ST CENTURY: Committee on Energy and Commerce: Subcommittee on ANALYZING THE PRESIDENT’S Environment held a hearing entitled ‘‘Legislation MANAGEMENT AGENDA Addressing New Source Review Permitting Re- Committee on Oversight and Government Reform: Full form’’. Testimony was heard from William Wehrum, Committee held a hearing entitled ‘‘Workforce for Assistant Administrator, Office of Air and Radiation, the 21st Century: Analyzing the President’s Manage- Environmental Protection Agency; Sean Alteri, Di- ment Agenda’’. Testimony was heard from Margaret rector, Division of Air Equality, Kentucky Depart- Weichert, Deputy Director for Management, Office ment of Environmental Protection; Paul Baldauf, As- of Management and Budget; Jeff Pon, Director, Of- sistant Commissioner, Air Quality, Energy, and Sus- fice of Personnel Management; and public witnesses. tainability, New Jersey Department of Environ- mental Protection; and public witnesses. AGRICULTURE AND NUTRITION ACT OF 2018 OVERSIGHT OF THE SEC’S DIVISION OF Committee on Rules: Full Committee held a hearing on ENFORCEMENT H.R. 2, the ‘‘Agriculture and Nutrition Act of Committee on Financial Services: Subcommittee on Cap- 2018’’ [Amendment Consideration]. The Committee ital Markets, Securities, and Investment held a hear- granted, by record vote of 8–3, a structured rule ing entitled ‘‘Oversight of the SEC’s Division of En- providing for further consideration of H.R. 2. The forcement’’. Testimony was heard from Stephanie rule provides for no additional general debate. The Avakian, Co-Director, Division of Enforcement, Se- rule makes in order only those further amendments curities and Exchange Commission; and Steven printed in the Rules Committee report. Each such

VerDate Sep 11 2014 07:02 May 17, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D16MY8.REC D16MYPT1 May 16, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D535 amendment may be offered only in the order printed TAX REFORM: GROWING OUR ECONOMY in the report, may be offered only by a Member des- AND CREATING JOBS ignated in the report, shall be considered as read, Committee on Ways and Means: Full Committee held shall be debatable for the time specified in the re- a hearing entitled ‘‘Tax Reform: Growing Our Econ- port equally divided and controlled by the proponent omy and Creating Jobs’’. Testimony was heard from and an opponent, shall not be subject to amend- public witnesses. ment, and shall not be subject to a demand for division of the question. The rule waives all points of MISCELLANEOUS MEASURES order against the amendments printed in the report. Committee on Ways and Means: Full Committee held The rule provides one motion to recommit with or a markup on H.R. 5774, the ‘‘Combatting Opioid without instructions. Testimony was heard from Abuse for Care in Hospitals Act’’; H.R. 5775, the Representatives Comer, Faso, Marino, Barr, ‘‘Providing Reliable Options for Patients and Edu- Grothman, Estes of Kansas, Russell, Graves of Lou- cational Resources Act’’; H.R. 5776, the ‘‘Medicare isiana, and Blumenauer. and Opioid Safe Treatment Act’’; H.R. 5773, the ‘‘Preventing Addiction for Susceptible Seniors Act’’; USING TECHNOLOGY TO ADDRESS H.R. 5676, the ‘‘SENIOR Communities Protection CLIMATE CHANGE Act’’; H.R. 5723, the ‘‘Expanding Oversight of Opioid Prescribing and Payment Act’’; and H.R. Committee on Science, Space, and Technology: Full Com- 5788 to provide for the processing by U.S. Customs mittee held a hearing entitled ‘‘Using Technology to and Border Protection of certain international mail Address Climate Change’’. Testimony was heard shipments and to require the provision of advance from public witnesses. electronic information on international mail shipments of mail, and for other purposes. H.R. 5774, INTELLECTUAL PROPERTY 101: HOW H.R. 5775, H.R. 5776, H.R. 5773, H.R. 5676, SMALL BUSINESS OWNERS CAN UTILIZE H.R. 5723, and H.R. 5788 were ordered reported, INTELLECTUAL PROPERTY PROTECTIONS without amendment. IN THEIR BUSINESSES Committee on Small Business: Full Committee held a Joint Meetings hearing entitled ‘‘Intellectual Property 101: How BUSINESS MEETING Small Business Owners Can Utilize Intellectual Property Protections in Their Businesses’’. Testi- Joint Committee on the Library: Committee concluded mony was heard from public witnesses. an organizational business meeting. BUSINESS MEETING MEMBER DAY: TESTIMONY AND Joint Committee on Printing: Committee concluded an PROPOSALS ON THE DEPARTMENT OF organizational business meeting. VETERANS AFFAIRS f Committee on Veterans’ Affairs: Full Committee held a hearing entitled ‘‘Member Day: Testimony and Pro- COMMITTEE MEETINGS FOR THURSDAY, posals on the Department of Veterans Affairs’’. Testi- MAY 17, 2018 mony was heard from Chairman Chabot, and Rep- (Committee meetings are open unless otherwise indicated) resentatives Mast, Rouzer, Hill, Mullin, Suozzi, Senate Walorski, Westerman, Plaskett, Carter of Georgia, DeFazio, Renacci, Murphy of Florida, Kildee, Stiv- Committee on Appropriations: Subcommittee on Depart- ment of Defense, to hold hearings to examine proposed ers, Ruiz, Heck of Washington, Schneider, Michelle budget estimates and justification for fiscal year 2019 for Lujan Grisham of New Mexico, Johnson of Lou- the Department of the Air Force, 10 a.m., SD–192. isiana, DeSantis, Hartzler, Titus, Biggs, Sablan, Subcommittee on Departments of Labor, Health and Kihuen, O’Halleran, Carbajal, Vargas, Flores, Carter Human Services, and Education, and Related Agencies, to of Texas, Rohrabacher, Welch, Moulton, Shea-Porter, hold hearings to examine proposed budget estimates and Zeldin, Brat, Ted Lieu of California, Rosen, justification for fiscal year 2019 for the National Insti- Gianforte, McMorris Rodgers, Richmond, Bishop of tutes of Health, 10 a.m., SD–124. Georgia, Bordallo, Eddie Bernice Johnson of Texas, Subcommittee on Financial Services and General Gov- ernment, to hold hearings to examine proposed budget Taylor, Napolitano, Lofgren, Crawford, Kennedy, estimates and justification for fiscal year 2019 for the Mimi Walters of California, Gabbard, Tonko, Smith Federal Communications Commission and the Federal of Washington, McKinley, and Hultgren. Trade Commission, 10 a.m., SD–138.

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Committee on Energy and Natural Resources: business 995, to direct the Secretary of Agriculture and the Sec- meeting to consider S. 436, to authorize the Secretary of retary of the Interior to modernize terms in certain regu- the Interior to retire coal preference right lease applica- lations, H.R. 1900, to designate the Veterans Memorial tions for which the Secretary has made an affirmative and Museum in Columbus, Ohio, as the National Vet- commercial quantities determination, to substitute certain erans Memorial and Museum, H.R. 2582, to authorize land selections of the Navajo Nation, to designate certain the State of Utah to select certain lands that are available wilderness areas, S. 440, to establish a procedure for the for disposal under the Pony Express Resource Manage- conveyance of certain Federal property around the Dickin- ment Plan to be used for the support and benefit of State son Reservoir in the State of North Dakota, S. 612, and institutions, H.R. 2768, to designate certain mountain H.R. 1547, bills to provide for the unencumbering of peaks in the State of Colorado as ‘‘Fowler Peak’’ and title to non-Federal land owned by the city of Tucson, ‘‘Boskoff Peak’’, H.R. 2786, to amend the Federal Power Arizona, for purposes of economic development by con- Act with respect to the criteria and process to qualify as veyance of the Federal reversionary interest to the City, a qualifying conduit hydropower facility, H.R. 2897, to S. 930, to require the Administrator of the Western Area authorize the Mayor of the District of Columbia and the Power Administration to establish a pilot project to pro- Director of the National Park Service to enter into coop- vide increased transparency for customers, S. 966, to es- erative management agreements for the operation, main- tablish a program to accurately document vehicles that tenance, and management of units of the National Park were significant in the history of the United States, S. System in the District of Columbia, and an original bill 1029, to amend the Public Utility Regulatory Policies to designate a National Nordic Museum in Washington Act of 1978 to exempt certain small hydroelectric power State, 10 a.m., SD–366. projects that are applying for relicensing under the Fed- Committee on Environment and Public Works: to hold hear- eral Power Act from the licensing requirements of that ings to examine S. 2800, to provide for the conservation Act, S. 1030, to require the Federal Energy Regulatory and development of water and related resources, to au- Commission to submit to Congress a report on certain thorize the Secretary of the Army to construct various hydropower projects, S. 1142, to extend the deadline for projects for improvements to rivers and harbors of the commencement of construction of certain hydroelectric United States, 10:15 a.m., SD–406. projects, S. 1219, to provide for stability of title to cer- Committee on the Judiciary: business meeting to consider tain land in the State of Louisiana, S. 1403, to amend the S. 2645, to establish a demonstration program under Public Lands Corps Act of 1993 to establish the 21st which the Drug Enforcement Administration provides Century Conservation Service Corps to place youth and grants to certain States to enable those States to increase veterans in national service positions to conserve, restore, participation in drug take-back programs, S. 2535, to and enhance the great outdoors of the United States, S. amend the Controlled Substances Act to strengthen Drug 1459, to establish Fort Sumter and Fort Moultrie Na- Enforcement Administration discretion in setting opioid tional Park in the State of South Carolina, S. 1548, to quotas, S. 2789, to prevent substance abuse and reduce designate certain land administered by the Bureau of demand for illicit narcotics, S. 207, to amend the Con- Land Management and the Forest Service in the State of trolled Substances Act relating to controlled substance Oregon as wilderness and national recreation areas and to analogues, an original bill entitled, ‘‘Using Data to Pre- make additional wild and scenic river designations in the vent Opioid Diversion Act of 2018’’, an original bill en- State of Oregon, S. 1573, to authorize the Secretary of titled, ‘‘Preventing Drug Diversion Act of 2018’’, and the the Interior and the Secretary of Agriculture to place nominations of Andrew S. Oldham, of Texas, to be signage on Federal land along the trail known as the United States Circuit Judge for the Fifth Circuit, Alan D. ‘‘American Discovery Trail’’, S. 1645, to authorize the Albright, to be United States District Judge for the Secretary of the Interior to conduct a special resource Western District of Texas, Thomas S. Kleeh, to be study of P.S. 103 in West Baltimore, Maryland, S. 1646, United States District Judge for the Northern District of to authorize the Secretary of the Interior to conduct a West Virginia, Peter J. Phipps, to be United States Dis- special resource study of President Station in Baltimore, trict Judge for the Western District of Pennsylvania, Mi- Maryland, S. 2074, to establish a procedure for the con- chael J. Truncale, to be United States District Judge for veyance of certain Federal property around the Jamestown the Eastern District of Texas, Wendy Vitter, to be Reservoir in the State of North Dakota, S. 2102, and United States District Judge for the Eastern District of H.R. 4266, bills to clarify the boundary of Acadia Na- Louisiana, and Erica H. MacDonald, to be United States tional Park, S. 2218, and H.R. 4609, bills to provide for Attorney for the District of Minnesota, Department of the conveyance of a Forest Service site in Dolores County, Justice, 10 a.m., SD–226. Colorado, to be used for a fire station, S. 2238, to amend the Ohio & Erie Canal National Heritage Canalway Act House of 1996 to repeal the funding limitation, H.R. 497, to Committee on Appropriations, Full Committee, markup on direct the Secretary of the Interior to convey certain Fed- the FY 2019 Commerce, Justice, Science, and Related eral lands in San Bernardino County, California, to the Agencies Appropriations Bill, 10 a.m., 2118 Rayburn. San Bernardino Valley Water Conservation District, and Committee on Education and the Workforce, Full Com- to accept in return certain non-Federal lands, H.R. 965, mittee, hearing entitled ‘‘Protecting Privacy, Promoting to redesignate the Saint-Gaudens National Historic Site Data Security: Exploring How Schools and States Keep as the ‘‘Saint-Gaudens National Historical Park’’, H.R. Data Safe’’, 10 a.m., 2175 Rayburn.

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Committee on Energy and Commerce, Full Committee, 1911, the ‘‘Special Envoy to Monitor and Combat Anti- markup on H.R. 3692, the ‘‘Addiction Treatment Access Semitism Act of 2017’’; H.R. 2259, the ‘‘Sam Farr Peace Improvement Act of 2017’’; H.R. 4684, the ‘‘Ensuring Corps Enhancement Act’’; H.R. 4989, the ‘‘Protecting Access to Quality Sober Living Act of 2018’’; H.R. 5329, Diplomats from Surveillance Through Consumer Devices the ‘‘Poison Center Network Enhancement Act of 2018’’; Act’’; and H.R. 3030, the ‘‘Elie Wiesel Genocide and H.R. 5580, the ‘‘STOP Fentanyl Deaths Act of 2018’’; Atrocities Prevention Act of 2017’’, 10:30 a.m., 2167 H.R. 5587, the ‘‘Peer Support Communities of Recovery Rayburn. Act’’; H.R. 5795, the ‘‘Overdose Prevention and Patient Subcommittee on Africa, Global Health, Global Safety Act’’; H.R. 5807, the ‘‘Substance Use Disorder Co- Human Rights, and International Organizations, hearing ordination, Access, Recovery Enhancement Act of 2018’’; entitled ‘‘Global Health Supply Chain Management: Les- H.R. 5812, the ‘‘Creating Opportunities that Necessitate sons Learned and Ways Forward’’, 1 p.m., 2172 Rayburn. New and Enhanced Connections That Improve Opioid Committee on Homeland Security, Subcommittee on Trans- Navigation Strategies Act’’; H.R. 5590, the ‘‘Opioid Ad- portation and Protective Security, hearing entitled ‘‘As- diction Action Plan Act’’; H.R. 5603, the ‘‘Access to sessing the TSA Checkpoint: The PreCheck Program and Telehealth Services for Opioid Use Disorder’’; H.R. 5605, Airport Wait Times’’, 10 a.m., HVC–210. the ‘‘Advancing High Quality Treatment for Opioid Use Committee on the Judiciary, Full Committee, markup on Disorders in Medicare Act’’; H.R. 5798, the ‘‘Opioid H.R. 2561, the ‘‘POLICE Act of 2017’’, 11 a.m., 2141 Screening and Chronic Pain Management Alternatives for Rayburn. Seniors Act’’; H.R. 5804, the ‘‘Post-Surgical Injections as Committee on Natural Resources, an Opioid Alternative Act’’; H.R. 5809, the ‘‘Post- Subcommittee on Water, operative Opioid Prevention Act of 2018’’; H.R. 5715, Power and Oceans, hearing entitled ‘‘Federal Impedi- the ‘‘Strengthening Partnerships to Prevent Opioid Abuse ments to Commerce and Innovative Injurious Species Act’’; H.R. 5716, the ‘‘Commit to Opioid Medical Pre- Management’’, 10 a.m., 1324 Longworth. scriber Accountability and Safety for Seniors Act’’; H.R. Subcommittee on Federal Lands, hearing on H.R. 5796, the ‘‘Responsible Education Achieves Care and 2365, the ‘‘Desert Community Lands Act’’; H.R. 3777, Healthy Outcomes for Users’ Treatment Act of 2018’’; the ‘‘Juab County Conveyance Act of 2017’’; H.R. 4824, H.R. 1925, the ‘‘At-Risk Youth Medicaid Protection Act the ‘‘Rural Broadband Permitting Efficiency Act of of 2017’’; H.R. 3192, the ‘‘CHIP Mental Health Parity 2018’’; and H.R. 5023, the ‘‘Civil War Defenses of Act’’; H.R. 4005, the ‘‘Medicaid Reentry Act’’; H.R. Washington National Historical Park Act’’, 2 p.m., 1324 4998, the ‘‘Health Insurance for Former Foster Youth Longworth. Act’’; H.R. 5477, the ‘‘Rural Development of Opioid Ca- Committee on Oversight and Government Reform, Full Com- pacity Services Act’’; H.R. 5583, the ‘‘Requiring Med- mittee, hearing entitled ‘‘A Sustainable Solution to the icaid Programs to Report on All Core Behavioral Health Evolving Opioid Crisis: Revitalizing the Office of Na- Measures’’; H.R. 5789, to amend title XIX of the Social tional Drug Control Policy’’, 11 a.m., 2154 Rayburn. Security Act to provide for Medicaid coverage protections Committee on Science, Space, and Technology, Full Com- for pregnant and postpartum women while receiving in- mittee, hearing entitled ‘‘America’s Human Presence in patient treatment for a substance use disorder; H.R. Low-Earth Orbit’’, 10 a.m., 2318 Rayburn. 5797, the ‘‘IMD CARE Act’’; H.R. 5799, the ‘‘Medicaid Committee on Small Business, Subcommittee on Con- DRUG Improvement Act’’; H.R. 5800, the ‘‘Medicaid tracting and Workforce, hearing entitled ‘‘Hotline Truths IMD ADDITIONAL INFO Act’’; H.R. 5801, the ‘‘Med- II: Audit Reveals Inconsistencies in Defense Subcon- icaid PARTNERSHIP Act’’; H.R. 5808, the ‘‘Medicaid tracting’’, 10 a.m., 2360 Rayburn. Pharmaceutical Home Act of 2018’’; H.R. 5810, the Committee on Veterans’ Affairs, Subcommittee on Health; ‘‘Medicaid Health HOME Act’’; H.R. 5228, the ‘‘Stop and Subcommittee on Oversight and Investigations, joint Counterfeit Drugs by Regulating and Enhancing Enforce- hearing entitled ‘‘VA Research: Focusing on Funding, ment Now Act’’; H.R. 5752, the ‘‘Stop Illicit Drug Im- Findings, and Partnerships’’, 10 a.m., 334 Cannon. portation Act of 2018’’; H.R. 5806, the ‘‘21st Century Subcommittee on Economic Opportunity, hearing enti- Tools for Pain and Addiction Treatments’’; and H.R. tled ‘‘A Review of VA’s Vocational Rehabilitation and 5811, to amend the Federal Food, Drug, and Cosmetic Employment Program’’, 2 p.m., 334 Cannon. Act with respect to postapproval study requirements for Committee on Ways and Means, Subcommittee on Social certain controlled substances, and for other purposes, 10 Security, hearing entitled ‘‘Securing Americans’ Identities: a.m., 2123 Rayburn. The Future of the Social Security Number’’, 10 a.m., Committee on Financial Services, Subcommittee on Over- 1100 Longworth. sight and Investigations, hearing entitled ‘‘Community Permanent Select Committee on Intelligence, Full Com- Development Block Grant—Disaster Recovery Pro- mittee, hearing entitled ‘‘China’s Worldwide Military Ex- gram—Stakeholder Perspectives’’, 10 a.m., 2128 Ray- pansion’’, 9 a.m., 2212 Rayburn. burn. Subcommittee on Housing and Insurance, hearing enti- Joint Meetings tled ‘‘An Overview of Homelessness in America’’, 2 p.m., Joint Economic Committee: to hold hearings to examine 2128 Rayburn. the promise of Opportunity Zones, 10 a.m., SH–216. Committee on Foreign Affairs, Full Committee, markup Joint Select Committee on Solvency of Multiemployer Pension on H.R. 5626, the ‘‘Intercountry Adoption Information Plans: to hold hearings to examine the structure and fi- Act of 2018’’; H.R. 5754, the ‘‘Cambodia Democracy nancial outlook of the Pension Benefit Guaranty Corpora- Act’’; H.R. 5819, the ‘‘BURMA Act of 2018’’; H.R. tion, 10 a.m., SD–215.

VerDate Sep 11 2014 07:02 May 17, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 0627 Sfmt 5627 E:\CR\FM\D16MY8.REC D16MYPT1 D538 CONGRESSIONAL RECORD — DAILY DIGEST May 16, 2018

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, May 17 10 a.m., Thursday, May 17

Senate Chamber House Chamber Program for Thursday: Senator Paul will be recognized Program for Thursday: Continue Consideration of H.R. to make a motion to proceed to consideration of S. Con. 2—Agriculture and Nutrition Act of 2018 (Subject to a Res. 36, Budget Resolution, and after up to 90 minutes Rule). of debate, Senate will vote in relation to the motion.

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E662, E665 Roskam, Peter J., Ill., E657 Gutie´rrez, Luis V., Ill., E659 Roybal-Allard, Lucille, Calif., E662 Bergman, Jack, Mich., E660, E663, E664 Hastings, Alcee L., Fla., E660 Schiff, Adam B., Calif., E658 Brady, Robert A., Pa., E666 Hoyer, Steny H., Md., E661 Schneider, Bradley Scott, Ill., E657 Bustos, Cheri, Ill., E663 Levin, Sander M., Mich., E663 Sinema, Kyrsten, Ariz., E662 Carter, John R., Tex., E660, E661, E662, E663, E664, Lujan Grisham, Michelle, N.M., E659 E665 Marino, Tom, Pa., E659 Smith, Christopher H., N.J., E666 Cole, Tom, Okla., E662 McCollum, Betty, Minn., E666 Smucker, Lloyd, Pa., E666 Cuellar, Henry, Tex., E665 Moolenaar, John R., Mich., E664 Stefanik, Elise M., N.Y., E659, E661 DeLauro, Rosa L., Conn., E662 Mullin, Markwayne, Okla., E660 Thompson, Glenn, Pa., E660 Deutch, Theodore E., Fla., E664 Olson, Pete, Tex., E658 Visclosky, Peter J., Ind., E657 Emmer, Tom, Minn., E660 Panetta, Jimmy, Calif., E658 Webster, Daniel, Fla., E665 Gianforte, Greg, Mont., E657 Perlmutter, Ed, Colo., E658, E659, E659, E660, E661, Wittman, Robert J., Va., E659 Granger, Kay, Tex., E659 E661, E662, E663, E664, E665

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