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

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

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

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VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.000 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S100 CONGRESSIONAL RECORD — SENATE January 9, 2020 the House extend its precedent-break- mander in Chief if they choose—if they fied briefing for all Senators from the ing spree over here to our Chamber. choose—but they do not get to keep Trump administration on the recent There will be no unfair new rule book the cloud in place forever. Look, there military operation that killed Iranian written solely for President Trump. is real business for the American peo- General Soleimani. Nearly the entire The basic organization of the first ple that the Senate needs to complete. Senate attended, but only 15 Senators phase of this trial will track the phase If the Speaker continues to refuse to were able to ask questions before the one of the Clinton trial, which all 100 take her own accusations to trial, the administration decided they had to go. Senators voted for in 1999. I have said Senate will move forward next week As many as 82 Senators were left hang- for months that this is our preferred with the business of our people. We will ing in the balance without a chance to route. operate on the assumption that House answer their questions. It was a sight By the way, that is exactly what the Democrats are too embarrassed—too like none I have ever seen in my time American people want. Seventy-seven embarrassed—to ever move forward, in the Senate. percent told a Harvard-Harris survey and we will get back to the people’s This is a crucial issue: war and peace. that the basic outline of a Clinton business. These were five of the leading people trial, reserving the witness question For example, the Senate continues to involved in the decision making, past, until later in the proceedings, ought to process President Trump’s landmark present and future. If they couldn’t be good enough for this President as trade deal, the USMCA, through our stay to answer questions in a classified well. Fair is fair. In the same survey, 58 committees of jurisdiction. It passed briefing, that is the ultimate disrespect percent of Americans said they want the Senate Finance Committee this to the Senate. Speaker PELOSI to do her job and send week by a landslide vote of 25 to 3, a I have to tell you, it was not just the articles to the Senate rather than major victory for the President and for Democrats who were upset and not just continue delaying. working families. Now our other com- on the Republican side. Senator PAUL It makes sense that American fami- mittees will continue their consider- and Senator LEE were upset. Four or lies have lost patience with this act ation. five Senators came over to me, in that just like we Senators have lost pa- And there is more. The epidemic of room, when I made the request that tience with it because this is not just opioids, fentanyl, and other substance they come back, and said: Please count some intramural tiff between the two abuse continues to plague our Nation. me in on that. Houses in our bicameral legislature. Some colleagues have signaled they As Secretary Pompeo was practically This recklessness affects our entire may raise privileged resolutions on war running out the door, I asked the country. powers. The Senate has plenty of seri- White House representative if they When you take a step back, what has ous work to do for our country. So would come back and finish the brief- really happened over the last 3 weeks? while the Speaker continues her irre- ing. Pompeo said no, on his behalf, but What has happened? When you take a sponsible games, we will continue the White House representative assured step back from the political noise and me the group would be back in short doing the people’s business. the pundits discussing ‘‘leverage’’—by order. the way, that never existed—what have f I said: Within a week. House Democrats actually done? RESERVATION OF LEADER TIME In the room, in the SCIF, he said This is what they have done. They The PRESIDING OFFICER. Under they will definitely come back. have initiated one of the most grave This morning, the White House told the previous order, the leadership time and most unsettling processes in our me they would explore coming back. is reserved. Constitution and then refused to allow They are already backing off, as usual. a resolution of it. The Speaker began f This is imperative. We are asking, in as something that she herself predicted CONCLUSION OF MORNING polite a way as we can right now, would be ‘‘so divisive to the country,’’ BUSINESS Democrats and Republicans, that these and now she is unilaterally saying it The PRESIDING OFFICER. Morning five leaders—the head of DNI, the head cannot move forward to resolution. business is closed. of the CIA, the head of the Joint It is bad enough that House Demo- Chiefs, Secretary of Defense, and the crats gave in to the temptation of sub- f Secretary of State—come before us jective impeachment that every pre- EXECUTIVE SESSION within a week and answer the ques- vious House for 230 years has managed tions of the 82 Senators who were on to resist. However unwise, that is their the list and wanted to ask questions constitutional prerogative. They get to EXECUTIVE CALENDAR but couldn’t. start it, if they choose, but they do not The PRESIDING OFFICER. Under The scene at yesterday’s briefing was get to declare that it can never be fin- the previous order, the Senate will pro- unacceptable, as Members of both sides ished. They do not get to trap our en- ceed to executive session to resume of the aisle have attested. Eighty-two tire country into an unending consideration of the following nomina- Senators—chairs, ranking members, ‘‘Groundhog Day’’ of impeachment tion, which the clerk will report. appropriators, authorized—were without resolution. The senior assistant legislative clerk snubbed by this administration on a Alexander Hamilton specifically read the nomination of Paul J. Ray, of matter of war and peace. They must re- warned against a procrastinated reso- Tennessee, to be Administrator of the turn. lution of impeachments. In part, that Office of Information and Regulatory Again, this administration’s thwart- is because our duly-elected President Affairs, Office of Management and ing of the exquisite balance the Found- deserves a verdict, just like every Budget. ing Fathers put in place between the American who is accused by their gov- Mr. MCCONNELL. I suggest the ab- Congress and Presidency is something ernment deserves a speedy trial. sence of a quorum. that would make the Founding Fathers This goes deeper than fairness to one The PRESIDING OFFICER. The turn over in their graves and strikes at individual. This is about what is fair to clerk will call the roll. the core of what America is all about. the entire country. There is a reason The senior assistant legislative clerk Why is it important we have this why the Framers did not contemplate a proceeded to call the roll. briefing? Because the danger of war is permanently unsettled Presidency. Mr. SCHUMER. I ask unanimous con- still very real. There seems to be a That is true under any circumstances, sent that the order for the quorum call sense that Iran’s missile strikes on but consider especially the cir- be rescinded. U.S. installations in Iraq, which re- cumstances of recent days. Even as the The PRESIDING OFFICER. Without sulted in no U.S. or coalition casual- Democrats have prolonged this game, objection, it is so ordered. ties, was a signal that our hostilities we have seen Iran escalate tensions RECOGNITION OF THE MINORITY LEADER between our two countries are dees- with our Nation. We live in a dan- The Democratic leader is recognized. calating. If that is true, it would cer- gerous world. IRAN tainly be a good thing, but we all know So, yes, the House majority can cre- Mr. SCHUMER. Madam President, Iran has many different ways of caus- ate this temporary cloud over a Com- yesterday the Senate received a classi- ing trouble in the Middle East. Over

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.002 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S101 the last decade, Iranian proxies have that before the administration takes the last votes on witnesses and docu- exported terror, fomented civil strife any actions—because so many of their ments. Make no mistake, we will con- throughout the region. We know they actions tend to be reckless and impul- tinue to revisit the issue because it is may seek to strike the United States sive—they have to get the OK of Con- so important to our constitutional pre- in many new ways, like through cyber gress. rogative to hold a fair impeachment attacks. Undoubtedly, there is still a IMPEACHMENT trial. danger Iran will retaliate for the death Madam President, on impeachment, I The American people believe, over- of General Soleimani in other ways, have to respond to Leader MCCON- whelmingly, and regardless of partisan not only in the next days, where it is NELL’s hyperbolic accusations that the affiliation, that the Senate should con- possible they could, but in the next Speaker is trying to dictate terms of duct a fair trial. A fair trial means weeks and months. the Senate trial. I know the Repub- that we get to hear the evidence, the In a speech yesterday, the Iran Su- lican leader must be upset he cannot facts, the truth. Every Presidential im- preme Leader said the Iranian missile exert total control over this process, peachment trial in history has featured strike was just ‘‘one slap.’’ ‘‘Such mili- but Speaker PELOSI has done just the witnesses and documents. The trial of tary actions,’’ he continued, ‘‘are not right thing. I can understand why the President should be no different. enough as far as the importance of re- Leader MCCONNELL is so frustrated. If The Leader has accused the Speaker taliation is concerned.’’ We have good the Speaker had sent the Articles of of making up her own rules. reason to worry that Iran will do more, Impeachment over to the Senate im- Mr. Leader, you are making up your particularly, given the fact that they mediately after they passed, Senate own rules. Every trial has had wit- are a regime that has many hard-liners Republicans could have moved to dis- nesses. Will you support this trial hav- who hate the United States and will miss the articles. There was a lot of ing witnesses or are you making up try to do us as much damage as they talk about that a while ago. There your own rules to serve the President’s can. For other reasons as well, the risk wouldn’t have been a fair or even a cur- purpose of covering up? The argument in favor of witnesses is of confrontation with Iran has grown sory trial, and they might have even so strong and has such common sense more acute, some of it because of tried to dismiss the whole articles be- behind it that my Republican col- President Trump’s actions. fore Christmas. Instead, over the past leagues cannot even argue against it on At the President’s order, we now few weeks, not only have they been the merits. They can only say: We have at least 15,000 additional U.S. prevented from doing that, there have should punt the question. Maybe we forces in the Middle East—more forces been several crucial disclosures of evi- will decide on that later, after both than we had at the beginning of last dence that appear to further incrimi- sides finish making their cases. summer—15,000 more. The Iranian pub- nate the President, each disclosure bol- As already explained over and over lic, which only weeks ago was pro- stering the arguments we Democrats again, but it is worth repeating, that testing its own political leaders, has have made for a trial that features the position makes no sense from a trial rallied behind the regime and is direct- relevant witnesses and documents. perspective. Have both sides finish ing its entire ire at the United States. That has been Speaker PELOSI’s focus their presentations and then vote on Iran has also announced that it will no from the very beginning and has been whether there should be evidence? The longer abide by any restraints on its my focus from the very beginning: get- presentation should be based on evi- nuclear program that were imposed by ting a fair trial that considers the facts dence, on witnesses, on documents. It the JCPOA, signaling its possible in- and only the facts. As I have said re- should not be an afterthought. tent to pursue a nuclear weapon. peatedly on this Senate floor, as Joe I say to my Republican colleagues, For all these reasons—that clearly Friday said in ‘‘Dragnet,’’ ‘‘Just the this strategy of voting on witnesses Iran is still a great danger and the risk facts, ma’am.’’ later lives on borrowed time. To re- of war still looms—we need Senator The Speaker and I are in complete peat, once the trial begins, there will— KAINE’s War Powers Resolution more agreement on that point, and because there will be a vote about the question than ever. the Republican leader has been unable of witnesses and documents, and the The President has made several er- to bring up the articles and dismiss spotlight will be on four Republican ratic and impulsive decisions when it them or stampede through a trial over Senators, who at any point could join comes to foreign policy that have made the Christmas period, the focus of the Democrats and form a majority in Americans less safe, put even more country has been on witnesses and doc- favor of witnesses and documents. Four American forces in harm’s way. More uments. Republicans could stand up and do the American troops are now headed to the Leader MCCONNELL will do every- right thing. Four Republicans could Middle East. We are not reducing our thing he can to divert attention from make a difference between a fair trial troop load; we are increasing it. that focus on witnesses and documents. and a coverup. Four Republicans could Iran is no longer constrained by lim- He knows his Senators are under huge do what the Founding Fathers wanted its on its nuclear program. We find our- pressure not to just truncate a trial us to do: hold a fair trial with all the selves even more isolated from allies and have no evidence; that it will play facts. and partners around the world who are very badly in America and back home All Leader MCCONNELL can do right shaken by the recklessness and incon- in their States. He is a very clever fel- now is try to divert attention, call sistency of the administration’s foreign low, so he doesn’t just say no. He says: names—he is good at that—and delay policy. The Trump administration can- Let’s delay this for a while and see the inevitable, but he can only delay it. not even complete a congressional what happens. Every single one of us in this Senate briefing. Congress, unequivocally, must I have little doubt most people who will have to take a stand. How do my hold the President accountable and as- follow this—most Republicans probably Republican friends want the American sert our authority over matters of war quietly—have little doubt that Leader people, their constituents, and history and peace. That is what Senator MCCONNELL has no interest in wit- to remember them? We shall see. KAINE’s resolution would do. nesses and documents, no interest in a I yield the floor. We will have a debate on the floor in fair trial. When we say ‘‘fair trial,’’ we The PRESIDING OFFICER. The ma- the Senate. I urge my colleagues to mean facts; we mean witnesses; we jority whip. support the Kaine resolution. There are mean documents. Mr. THUNE. Madam President, I many different ways we can make sure When the impeachment trial begins think it is safe to say that most Repub- we don’t go into a war recklessly and in the Senate, the issue will return to licans here in the Senate expect that at without check. witnesses and documents. It has been some point we will be receiving Arti- Senator SANDERS today is intro- out there all along but will come back cles of Impeachment from the House of ducing legislation, of which I am a co- even stronger. That question will not Representatives, at which time we will sponsor, that will hold back funding for be decided, fortunately, just by Leader conduct the Senate’s business. We will such a war. We Democrats will con- MCCONNELL. Every Senator will have give the President a fair opportunity to tinue to pursue ways to assert our con- to vote on that question. Those votes be heard—something that was lacking stitutional authority and make sure at the beginning of the trial will not be in the House of Representatives.

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

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

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

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

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

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

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

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

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

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

VerDate Sep 11 2014 00:16 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.020 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S112 CONGRESSIONAL RECORD — SENATE January 9, 2020 these young pages—whom I am looking did, until this administration came Presiding Officer serves on, all have an at now—is way, way too much carbon along and walked away from that oversight role. A lot of that oversight dioxide in our atmosphere. It is getting agreement, which was working. It im- deals with the administration as part worse, not getting better. The greatest posed even harsher sanctions on Iran of our checks and balances. We can source of carbon emissions on our plan- and led us to, really, where we are only do that job so well if the adminis- et are emissions from our cars, trucks, today. tration allows us to do our job. and vans. Again, Tom Friedman, who gave us During the confirmation process—as The last administration negotiated a the Trump doctrine: Barack built it. I, the Presiding Officer knows—witnesses 50-State deal, which would have re- Trump broke it. You fix it. This is just and nominees come before us from the duced emissions from mobile sources another example of that happening. We administration. They have been vetted dramatically in the years to come. shouldn’t be surprised by the events of by the administration. They have gone This administration broke away from the past week. It didn’t have to be that through staff interviews. Then they it. They walked away from it. The last way. It didn’t have to be that way. come to a committee hearing. We also administration negotiated a rule regu- I think in the country of Iran, half of ask questions of the nominees that are lation to dramatically reduce emis- the people are under the age of 25. They relevant to the jobs they are going to sions from the second greatest source were never born when the original Aya- do. of carbon emissions in this country and tollah was in charge, and they had the Every now and then, you have a from our utilities: coal-fired utilities, Iranian revolution. The younger people nominee for a particular position who primarily. If you add together the re- there would like a better relationship is not forthcoming in his or her re- duction in carbon dioxide emissions with us. They have elections there, too, sponses, so we do something called going forward from our mobile sources where people can actually show up and QFRs, which are questions for the negotiated by the last administration vote—men and women—vote for munic- record. They are designed to give the and negotiated in a regulation called ipal elections, for mayors, city coun- nominee another bite at the apple in the Clean Power Plan, they would pro- cils, and so forth, for Parliament— responding to the questions that Demo- vide almost half of the emission reduc- their Congress is called the Par- crats and Republicans have. A lot of tions by 2050 that we need—almost liament—for their President. I think times, the nominees are forthcoming, half. This administration walked away the last time they voted was 3 years and that is good. The nominations then from both. ago. You know which forces gained move forward, and they get confirmed. The last administration argued that votes? They don’t have Democrats or I have learned, if nominees are not rather than always be threatening war Republicans over there. They have forthcoming and are not responsive to with Iran and doing these proxy wars hard-liners, and they have moderates. the oversight questions we ask before with Iran, maybe what we should focus The moderates gained election vic- they get confirmed, good luck after on is the main thing. A friend used to tories in mayoral elections across the they get confirmed, for it doesn’t get advise me. He said: TOM, the main country and city council elections any better. I don’t care whether you thing is keep the main thing the main across the country. The moderates happen to be a Democrat or a Repub- thing. The reason why we negotiated picked up a lot of votes in the Par- lican; you have to be concerned about the JCPOA deal with Iran was to deter liament. The hard-liners lost votes. the reluctance and the unwillingness of Iran from developing and having nu- The actions of this administration nominees to respond to reasonable clear weapons that could create a nu- over the last 3 years have pushed Ira- questions regardless of who is in the clear arms race in the Middle East and nian voters, including a lot of young White House and regardless of who is in put them and, I think, the rest of our people, away from supporting the mod- the majority of this body. planet, literally, at risk. Under the erates in their Nation and pushed them Let me say a word or two about agreement negotiated with Iran and six into the arms of the radical extremists, OIRA. OIRA plays a central role in es- other nations—including the United the hard-liners. It didn’t have to be tablishing regulatory and information States, the Brits, the French, the Ger- that way. It didn’t have to be that way. collection policies across our entire mans, the Russians, the Chinese— I don’t know how we put this mess Federal Government. OIRA oversees under the agreement, the Iranians had back together again, but we need to. I the rulemaking process from start to to agree to stand down, to slow down am not sure. I don’t have a lot of con- finish—from the reviewing of drafts of much of their nuclear enrichment that fidence that this administration is proposed and final rules, to managing could actually lead to nuclear weapons. going to be able to do that, given their the interagency review process, to en- They had to agree to intrusive inspec- track record over the last 3 years—at suring agencies make rulemaking deci- tions by the IAEA, the international least on this issue. sions based on sound cost-benefit anal- watchdog for atomic energy. In return NOMINATION OF PAUL J. RAY yses. for their willingness to do those things, Madam President, let me talk about The Administrator of OIRA is a criti- we would reduce the very harsh sanc- Paul Ray. Paul Ray is a bright young cally important position because, at tions that had been put in place by the man. He is the kind of person I think the end of the day, he or she is respon- last administration—very harsh eco- most of us would say: He ought to be in sible for ensuring that rules promul- nomic sanctions. an administration. I don’t care if it is gated by agencies benefit our society, The Iranians did what they agreed to a Democratic administration or a Re- protect our quality of life, protect our do. They stood down their develop- publican administration. He is smart, health, protect our safety, and protect ment. They opened up their facilities well educated, and has good experience. our environment. to intrusive inspections by the IAEA He has been the nominee to head some- Earlier today, I joined a number of for the last 4 years. There were almost thing called OIRA, the Office of Infor- my colleagues on the Committee on 20 different rounds of inspections, each mation and Regulatory Affairs, an en- Environment and Public Works in a of which came to the same conclusion: tity that exists within OMB. letter to Mr. Ray. We asked him to re- Iran, whether we like it or not, wheth- I have met him. He has come to my view concerns that have been raised re- er we like their leaders or not, kept office to talk with me. He is a very po- cently by the EPA’s Science Advisory their word. Some of us remember what lite young man. He has been before our Board about four specific rulemakings Ronald Reagan used to talk about. He committee. I voted today against his that are currently under review. used to say that in terms of doing nu- confirmation. I will tell you why. The The EPA’s Science Advisory Board clear deals with the Russians—the So- Committee on Homeland Security and found serious concerns with the Trump viets—he used to say: ‘‘Trust but Governmental Affairs used to be the administration’s clean car standards verify.’’ Committee on Governmental Affairs. I rule, with the administration’s pro- Well, what we did with the Iran deal served on it for 19 years. One of the posed mercury and air toxics rule, with was mistrust or distrust. We didn’t things I love about that committee is the administration’s clean water rule trust them, but we would verify that that we have oversight over the whole rollbacks, as well as with a proposed they were keeping their word. Whether Federal Government. Every committee EPA secret science rule, which will we like it or not, surprisingly, they we serve on, including committees the have the effect of limiting the science

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

VerDate Sep 11 2014 01:46 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.035 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S137 property from willing sellers under this title sulting with the Secretary of Commerce on velop an interagency operational plan that if the acquisition ensures— marine or estuarine projects, shall approve describes— (i) public access for fish and wildlife-de- or reject any fish habitat conservation (1) the functional, operational, technical, pendent recreation; or project recommended by the Board. scientific, and general staff, administrative, (ii) a scientifically based, direct enhance- (2) FUNDING.—If the Secretary approves a and material needs for the implementation ment to the health of fish and fish popu- fish habitat conservation project under para- of this title; and lations, as determined by the Board. graph (1), the Secretary shall use amounts (2) any interagency agreements between or (B) STATE AGENCY APPROVAL.— made available to carry out this title to pro- among Federal departments and agencies to (i) IN GENERAL.—All real property interest vide funds to carry out the fish habitat con- address those needs. acquisition projects funded under this title servation project. SEC. 209. ACCOUNTABILITY AND REPORTING. must be approved by the State agency in the (3) NOTIFICATION.—If the Secretary rejects (a) REPORTING.— State in which the project is occurring. under paragraph (1) any fish habitat con- (1) IN GENERAL.—Not later than 5 years (ii) PROHIBITION.—The Board may not rec- servation project recommended by the after the date of enactment of this Act, and ommend, and the Secretary may not provide Board, not later than 90 days after the date every 5 years thereafter, the Board shall sub- any funding for, any real property interest of receipt of the recommendation, the Sec- mit to the appropriate congressional com- acquisition that has not been approved by retary shall provide to the Board, the appro- mittees a report describing the progress of the State agency. priate Partnership, and the appropriate con- this title. SSESSMENT OF OTHER AUTHORITIES (C) A .— gressional committees a written statement (2) CONTENTS.—Each report submitted The Board may not recommend, and the Sec- of the reasons that the Secretary rejected under paragraph (1) shall include— retary may not provide any funding under the fish habitat conservation project. (A) an estimate of the number of acres, this title for, any real property interest ac- SEC. 206. TECHNICAL AND SCIENTIFIC ASSIST- stream miles, or acre-feet, or other suitable quisition unless the Partnership that rec- ANCE. measures of fish habitat, that was main- ommended the project has conducted a (a) IN GENERAL.—The Director, the Na- tained or improved by Partnerships under project assessment, submitted with the fund- tional Oceanic and Atmospheric Administra- this title during the 5-year period ending on ing request and approved by the Board, to tion Assistant Administrator, the Environ- the date of submission of the report; demonstrate all other Federal, State, and mental Protection Agency Assistant Admin- (B) a description of the public access to local authorities for the acquisition of real istrator, and the Director of the United fish habitats established or improved under property have been exhausted. States Geological Survey, in coordination this title during that 5-year period; (D) RESTRICTIONS.—A real property inter- with the Forest Service and other appro- (C) a description of the improved opportu- est may not be acquired pursuant to a fish priate Federal departments and agencies, nities for public recreational fishing habitat conservation project by a State, may provide scientific and technical assist- achieved under this title; and local government, or other non-Federal enti- ance to Partnerships, participants in fish (D) an assessment of the status of fish ty conducted with funds provided under this habitat conservation projects, and the title, unless— habitat conservation projects carried out Board. (i) the owner of the real property author- with funds provided under this title during (b) INCLUSIONS.—Scientific and technical izes the State, local government, or other that period, disaggregated by year, includ- assistance provided under subsection (a) may non-Federal entity to acquire the real prop- ing— include— erty; and (i) a description of the fish habitat con- (1) providing technical and scientific as- (ii) the Secretary and the Board determine servation projects recommended by the sistance to States, Indian Tribes, regions, that the State, local government, or other Board under section 205(b); local communities, and nongovernmental or- non-Federal entity would benefit from un- (ii) a description of each fish habitat con- ganizations in the development and imple- dertaking the management of the real prop- servation project approved by the Secretary mentation of Partnerships; erty being acquired because that is in ac- under section 205(f), in order of priority for (2) providing technical and scientific as- cordance with the goals of a Partnership. funding; (e) NON-FEDERAL CONTRIBUTIONS.— sistance to Partnerships for habitat assess- (iii) a justification for— (1) IN GENERAL.—Except as provided in ment, strategic planning, and prioritization; (I) the approval of each fish habitat con- paragraphs (2) and (4), no fish habitat con- (3) supporting the development and imple- servation project; and servation project may be recommended by mentation of fish habitat conservation (II) the order of priority for funding of each the Board under subsection (b) or provided fi- projects that are identified as high priorities fish habitat conservation project; nancial assistance under this title unless at by Partnerships and the Board; (iv) a justification for any rejection of a least 50 percent of the cost of the fish habi- (4) supporting and providing recommenda- fish habitat conservation project rec- tat conservation project will be funded with tions regarding the development of science- ommended by the Board under section 205(b) non-Federal funds. based monitoring and assessment approaches that was based on a factor other than the (2) NON-FEDERAL SHARE.—Such non-Federal for implementation through Partnerships; criteria described in section 205(c); and share of the cost of a fish habitat conserva- (5) supporting and providing recommenda- (v) an accounting of expenditures by Fed- tion project— tions for a national fish habitat assessment; eral, State, or local governments, Indian (A) may not be derived from another Fed- (6) ensuring the availability of experts to Tribes, or other entities to carry out fish eral grant program; and assist in conducting scientifically based habitat conservation projects under this (B) may include in-kind contributions and evaluation and reporting of the results of title. cash. fish habitat conservation projects; and (b) STATUS AND TRENDS REPORT.—Not later (3) SPECIAL RULE FOR INDIAN TRIBES.—Not- (7) providing resources to secure State than December 31, 2021, and every 5 years withstanding paragraph (1) or any other pro- agency scientific and technical assistance to thereafter, the Board shall submit to the ap- vision of law, any funds made available to an support Partnerships, participants in fish propriate congressional committees a report Indian Tribe pursuant to this title may be habitat conservation projects, and the that includes— considered to be non-Federal funds for the Board. (1) a status of all Partnerships designated purpose of paragraph (1). SEC. 207. COORDINATION WITH STATES AND IN- under this title; (4) WAIVER AUTHORITY.—The Secretary, in DIAN TRIBES. (2) a description of the status of fish habi- consultation with the Secretary of Com- The Secretary shall provide a notice to, tats in the United States as identified by merce with respect to marine or estuarine and cooperate with, the appropriate State designated Partnerships; and projects, may waive the application of para- agency or Tribal agency, as applicable, of (3) enhancements or reductions in public graph (2)(A) with respect to a State or an In- each State and Indian Tribe within the access as a result of— dian Tribe, or otherwise reduce the portion boundaries of which an activity is planned to (A) the activities of the Partnerships; or of the non-Federal share of the cost of an ac- be carried out pursuant to this title, includ- (B) any other activities carried out pursu- tivity required to be paid by a State or an ing notification, by not later than 30 days ant to this title. Indian Tribe under paragraph (1), if the Sec- before the date on which the activity is im- SEC. 210. EFFECT OF THIS TITLE. retary determines that the State or Indian plemented. (a) WATER RIGHTS.—Nothing in this title— Tribe does not have sufficient funds not de- SEC. 208. INTERAGENCY OPERATIONAL PLAN. (1) establishes any express or implied re- rived from another Federal grant program to Not later than 1 year after the date of en- served water right in the United States for pay such non-Federal share, or portion of the actment of this Act, and every 5 years there- any purpose; non-Federal share, without the use of loans. after, the Director, in cooperation with the (2) affects any water right in existence on (f) APPROVAL.— National Oceanic and Atmospheric Adminis- the date of enactment of this Act; (1) IN GENERAL.—Not later than 90 days tration Assistant Administrator, the Envi- (3) preempts or affects any State water law after the date of receipt of the recommended ronmental Protection Agency Assistant Ad- or interstate compact governing water; or priority list of fish habitat conservation ministrator, the Director of the United (4) affects any Federal or State law in ex- projects under subsection (b), and subject to States Geological Survey, and the heads of istence on the date of enactment of the Act subsection (d) and based, to the maximum other appropriate Federal departments and regarding water quality or water quantity. extent practicable, on the criteria described agencies (including, at a minimum, those (b) AUTHORITY TO ACQUIRE WATER RIGHTS in subsection (c), the Secretary, after con- agencies represented on the Board) shall de- OR RIGHTS TO PROPERTY.—Only a State, local

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

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

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

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

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

VerDate Sep 11 2014 03:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JA6.036 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S143 (2) including, if possible, recycling of ves- rine Debris Coordinating Committee shall the method of chain of custody accounting sels made from materials other than fiber- submit to Congress a report on microfiber designed to track the exact total amount of glass. pollution that includes— certain content in products or materials SEC. 133. INCENTIVE FOR FISHERMEN TO COL- (1) a definition for ‘‘microfiber’’; through the production system and to ensure LECT AND DISPOSE OF PLASTIC (2) an assessment of the sources, preva- an appropriate allocation of this content in FOUND AT SEA. lence, and causes of microfiber pollution; the finished goods based on auditable book- (a) IN GENERAL.—The Under Secretary (3) a recommendation for a standardized keeping. shall establish a pilot program to assess the methodology to measure and estimate the feasibility and advisability of providing in- prevalence of microfiber pollution; SEC. 145. REPORT ON SOURCES AND IMPACTS OF centives, such as grants, to fishermen based (4) recommendations for reducing DERELICT FISHING GEAR. in the United States who incidentally cap- microfiber pollution; and Not later than 2 years after the date of the ture marine debris while at sea— (5) a plan for how Federal agencies, in part- enactment of this Act, the Under Secretary (1) to track or keep the debris on board; nership with other stakeholders, can lead on shall submit to Congress a report that in- and opportunities to reduce microfiber pollution cludes— (2) to dispose of the debris properly on during the 5-year period beginning on such (1) an analysis of the scale of fishing gear land. date of enactment. losses by domestic and foreign fisheries, in- (b) SUPPORT FOR COLLECTION AND REMOVAL SEC. 143. STUDY ON UNITED STATES PLASTIC cluding— OF DERELICT GEAR.—The Under Secretary POLLUTION DATA. (A) how the amount of gear lost varies shall encourage United States efforts, such (a) IN GENERAL.—The Under Secretary, in among— as the Fishing for Energy net disposal pro- consultation with the EPA Administrator (i) domestic and foreign fisheries; gram, that support— and the Secretary of the Interior, shall seek (ii) types of fishing gear; and (1) collection and removal of derelict fish- to enter into an arrangement with the Na- (iii) methods of fishing; ing gear and other fishing waste; tional Academies of Sciences, Engineering, (B) how lost fishing gear is transported by (2) disposal or recycling of such gear and and Medicine under which the National ocean currents; and waste; and Academies will undertake a multifaceted (C) common reasons fishing gear is lost; (3) prevention of the loss of such gear. study that includes the following: (2) an evaluation of the ecological, human SEC. 134. AMENDMENTS TO MARINE DEBRIS PRO- (1) An evaluation of United States con- health, and maritime safety impacts of dere- GRAM. tributions to global ocean plastic waste, in- lict fishing gear, and how those impacts vary (a) AUTHORIZATION OF APPROPRIATIONS.— cluding types, sources, and geographic vari- across— Section 9(a) of the Marine Debris Act (33 ations. (A) types of fishing gear; U.S.C. 1958(a)) is amended by— (2) An assessment of the prevalence of ma- (B) materials used to construct fishing (1) striking ‘‘$10,000,000’’ and inserting rine debris and mismanaged plastic waste in gear; and ‘‘$15,000,000’’; and saltwater and freshwater United States navi- (C) geographic location; (2) striking ‘‘5 percent’’ and inserting ‘‘7 gable waterways and tributaries. (3) recommendations on management percent’’. (3) An examination of the import and ex- (b) ENHANCEMENT OF PURPOSE.—Section 2 measures— port of plastic waste to and from the United (A) to prevent fishing gear losses; and of the Marine Debris Act (33 U.S.C. 1951) is States, including the destinations of the ex- (B) to reduce the impacts of lost fishing amended by striking ‘‘marine environment,’’ ported plastic waste and the waste manage- gear; and inserting ‘‘marine environment (includ- ment infrastructure and environmental con- (4) an assessment of the cost of imple- ing waters in the jurisdiction of the United ditions of these locations. menting such management measures; and States, the high seas, and waters in the juris- (4) Potential means to reduce United (5) an assessment of the impact of fishing diction of other countries),’’. States contributions to global ocean plastic gear loss attributable to foreign countries. (c) TECHNICAL CORRECTIONS.—Section waste. 3(d)(2) of the Marine Debris Act (33 U.S.C. (b) REPORT.—Not later than 18 months 1952(d)(2)) is amended— TITLE II—ENHANCED GLOBAL ENGAGE- after the date of the enactment of this Act, MENT TO COMBAT MARINE DEBRIS (1) in subparagraph (B), by striking ‘‘the the Under Secretary shall submit to Con- matching requirement under subparagraph gress a report on the study conducted under SEC. 201. STATEMENT OF POLICY ON INTER- (A)’’ and inserting ‘‘a matching requirement subsection (a) that includes— NATIONAL COOPERATION TO COM- under subparagraph (A) or (C)’’; and (1) the findings of the National Academies; BAT MARINE DEBRIS. (2) in subparagraph (C), in the matter pre- (2) recommendations on knowledge gaps It is the policy of the United States to ceding clause (i), by striking ‘‘Notwith- that warrant further scientific inquiry; and partner, consult, and coordinate with foreign standing subparagraph (A)’’ and inserting (3) recommendations on the potential governments (at the national and sub- ‘‘Notwithstanding subparagraph (A) and ex- value of a national marine debris tracking national levels), civil society, international cept as provided in subparagraph (B)’’. and monitoring system and how such a sys- organizations, international financial insti- SEC. 135. MARINE DEBRIS ON NATIONAL FOREST tem might be designed and implemented. tutions, subnational coastal communities, SYSTEM LAND. SEC. 144. STUDY ON MASS BALANCE METH- commercial and recreational fishing indus- (a) SPECIAL-USE AUTHORIZATION.—The Sec- ODOLOGIES TO CERTIFY CIRCULAR try leaders, and the private sector, in a con- retary of Agriculture (referred to in this sec- POLYMERS. certed effort— tion as the ‘‘Secretary’’) shall not require a (a) IN GENERAL.—The National Institute of (1) to increase knowledge and raise aware- volunteer organization to obtain a special- Standards and Technology shall conduct a ness about— use authorization for the removal of any ma- study of available mass balance methodolo- (A) the linkages between the sources of rine debris being stored on National Forest gies that are or could be readily standardized plastic waste, mismanaged waste and post- System land. to certify circular polymers. (b) TEMPORARY STORAGE.—Marine debris (b) REPORT.—Not later than 1 year after consumer materials, and marine debris; and may be stored on National Forest System the date of enactment of this Act, the Insti- (B) the upstream and downstream causes land in a location determined by the Sec- tute shall submit to Congress a report on the and effects of plastic waste, mismanaged retary for a period of not more than to 90 study conducted under subsection (a) that waste and post-consumer materials, and ma- days, which may be extended in 90-day incre- includes— rine debris on marine environments, marine ments with approval by the relevant U.S. (1) an identification and assessment of ex- wildlife, human health, and economic devel- Forest Service District Ranger. isting mass balance methodologies, stand- opment; (c) REQUIREMENTS.—Except as otherwise ards, and certification systems that are or (2) to support— provided in this section, any activities re- may be applicable to supply chain sustain- (A) strengthening systems for reducing the lated to the removal of marine debris from ability of polymers, considering the full life generation of plastic waste and recovering, National Forest System land shall be con- cycle of the polymer, and including an exam- managing, reusing, and recycling plastic ducted in a manner consistent with applica- ination of— waste, marine debris, and microfiber pollu- ble law and regulations and subject to such (A) the International Sustainability and tion in the world’s oceans, emphasizing up- reasonable terms and conditions as the Sec- Carbon Certification; and stream post-consumer materials manage- retary may require. (B) the Roundtable on Sustainable Bio- ment solutions— Subtitle D—Studies and Reports materials; and (i) to decrease plastic waste at its source; SEC. 141. REPORT ON OPPORTUNITIES FOR INNO- (2) an assessment of any legal or regu- and VATIVE USES OF PLASTIC WASTE. latory barriers to developing a standard and (ii) to prevent leakage of plastic waste into Not later than 2 years after the date of en- certification system for circular polymers. the environment; actment of this Act, the Interagency Marine (c) DEFINITIONS.—In this section: (B) advancing the utilization and avail- Debris Coordinating Committee shall submit (1) CIRCULAR POLYMERS.—The term ‘‘cir- ability of safe and affordable reusable alter- to Congress a report on innovative uses for cular polymers’’ means polymers that can be natives to disposable plastic products in plastic waste in consumer products. reused multiple times or converted into a commerce, to the extent practicable, and SEC. 142. REPORT ON MICROFIBER POLLUTION. new, higher-quality product. with consideration for the potential impacts Not later than 2 years after the date of the (2) MASS BALANCE METHODOLOGY.—The of such alternatives, and other efforts to pre- enactment of this Act, the Interagency Ma- term ‘‘mass balance methodology’’ means vent marine debris;

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

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

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

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

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

VerDate Sep 11 2014 03:28 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.044 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE January 9, 2020 CONGRESSIONAL RECORD — SENATE S149 Mr. MCCONNELL. I ask unanimous ORDERS FOR MONDAY, JANUARY during today’s session ripen at 5:30 consent that the motion to reconsider 13, 2020 p.m. on Monday. be considered made and laid upon the Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without table. ask unanimous consent that when the objection, it is so ordered. The PRESIDING OFFICER. Without Senate completes its business today, it f adjourn until 3 p.m., Monday, January objection, it is so ordered. 13; further, that following the prayer ADJOURNMENT UNTIL MONDAY, Mr. MCCONNELL. Mr. President, I and pledge, the morning hour be JANUARY 13, 2020, AT 3 P.M. take a moment to congratulate the oc- deemed expired, the Journal of pro- Mr. MCCONNELL. Mr. President, if cupant of the Chair for this important ceedings be approved to date, the time there is no further business to come be- piece of legislation that will help us for the two leaders be reserved for their fore the Senate, I ask unanimous con- deal with ocean debris in a hopefully use later in the day, morning business sent that it stand adjourned under the very successful way. be closed, and the Senate proceed to previous order. executive session and resume consider- There being no objection, the Senate, ation of the Gaynor nomination; fi- at 5:36 p.m., adjourned until Monday, nally, that the cloture motion filed January 13, 2020, at 3 p.m.

VerDate Sep 11 2014 01:46 Jan 10, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JA6.049 S09JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE