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

Vol. 165 WASHINGTON, WEDNESDAY, NOVEMBER 13, 2019 No. 181 Senate The Senate met at 10 a.m. and was crease of 4,000 from the previous year. at George Mason University’s Antonin called to order by the President pro However, the number of children wait- Scalia Law School. tempore (Mr. GRASSLEY). ing for adoption also increased. That Even the American Bar Association’s f number rose to 125,000. Unfortunately, Standing Committee on the Federal teenagers, sibling groups, and those Judiciary, which has lately—lately PRAYER with medical challenges often wait made headlines for treating President The Chaplain, Dr. Barry C. Black, of- much longer to be adopted. Every child Trump’s nominees in a less-than-even- fered the following prayer: deserves a safe, permanent, loving handed way, has rated this nominee Let us pray. home, so I want to commend all those ‘‘well-qualified.’’ Eternal God, hear us when we cry to who have chosen to adopt children in Obviously, a majority of our col- You. You have been our help in ages foster care. leagues on the Judiciary Committee past and our hope for the years to If you wonder where I get the opinion concurred, and now the entire Senate come. that it is unfortunate that people want will have the opportunity to confirm You don’t keep a record of our trans- a permanent, safe, and loving home, all yet another outstanding jurist to the gressions but shower us daily with you have to do is listen to the kids in Federal bench. mercy and forgiveness. Great is Your the foster care system, and you always I urge each of my colleagues to join faithfulness. get this response: What I would like to me in supporting Steven Menashi’s As our Senators wait for the unfold- have is a mom and dad, and I would nomination this week. ing of Your powerful providence, give like to have a home. In other words, f them Your peace. Lord, may they cling they get tired of being shuffled around to Your promises knowing that You from one foster home to another foster TURKEY AND SYRIA will lead them to a desired destination. home, to another foster home. That is Mr. MCCONNELL. Mr. President, now Give them the wisdom to trust Your where I come from in recognizing No- on another matter, today President unconditional love and Your willing- vember as National Adoption Month. Trump will host the leader of Turkey ness to save those who call on Your I yield the floor. at the White House. Although I have Name. f expressed concerns about granting We pray in Your mighty Name. President Erdogan such an honor in Amen. RECOGNITION OF THE MAJORITY light of his recent actions, I hope the LEADER f meeting produces better behavior from The PRESIDING OFFICER. The ma- this important NATO ally. PLEDGE OF ALLEGIANCE jority leader is recognized. We recognize Turkey’s legitimate na- The President pro tempore led the f tional security concerns about the de- Pledge of Allegiance, as follows: stabilizing conflict in Syria. Indeed, no NOMINATION OF STEVEN J. I pledge allegiance to the Flag of the NATO ally has suffered more terrorist United States of America, and to the Repub- MENASHI attacks or hosts more refugees than lic for which it stands, one nation under God, Mr. MCCONNELL. Mr. President, Turkey. Nevertheless, we have legiti- indivisible, with liberty and justice for all. after we confirm Chad Wolf to serve in mate national security concerns of our The PRESIDING OFFICER (Mr. a senior position at the Department of own, and I know the vast majority of CRAMER). The Senator from Iowa. Homeland Security, the Senate will my colleagues share my concerns about Mr. GRASSLEY. Mr. President, I ask turn to President Trump’s nominee to Turkey’s recent behavior. unanimous consent to speak for 1 serve on the Second Circuit Court of It is important for the region and the minute as in morning business. Appeals. fight against ISIS that Turkey’s incur- The PRESIDING OFFICER. Without Steven Menashi’s nomination con- sion into Syria not further jeopardize objection, it is so ordered. tinues an already distinguished career the anti-terrorism campaign of the f studying, teaching, and practicing law. Syrian Democratic Forces. It is impor- After earning degrees from Dartmouth tant for Turkey’s 80 million people NATIONAL ADOPTION MONTH and Stanford, he clerked for Judge that Turkey’s Government moves to Mr. GRASSLEY. Mr. President, No- Douglas Ginsburg on the DC Court of restore its democratic traditions—free- vember is National Adoption Month. Appeals and Justice Alito on the Su- dom of the press, religious freedom, re- This year, we have very good news. preme Court. Mr. Menashi has held a spect for secularism and ethnic minori- In 2018, over 63,000 young people were research fellowship at the New York ties, and a robust space for civil soci- adopted from foster care. That is an in- University School of Law and taught ety. Despite the optimism from the

∑ 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 00:08 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.000 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6516 CONGRESSIONAL RECORD — SENATE November 13, 2019 Obama administration and others that crowding out important legislation for The senior assistant legislative clerk Turkey, under President Erdogan, the American people. In the House, read the nomination of Chad F. Wolf, of would be a model democracy, in prac- Speaker PELOSI is more interested in Virginia, to be Under Secretary for tice, these important values have suf- taking away President Trump’s job Strategy, Policy, and Plans, Depart- fered under his tenure. than in creating 176,000 new jobs for ment of Homeland Security. (New Posi- As the Turkish people’s concern con- American workers by passing the tion) tinues growing, it is troubling that the USMCA. She is blocking this landmark The PRESIDING OFFICER. The political space for them to express trade agreement. Democratic whip. those concerns has seemed to shrink In the Senate, our Democratic col- IMMIGRATION further. At the same time, the United leagues have filibustered the funding of Mr. DURBIN. Mr. President, if mem- States must recognize that the path to our Armed Forces. Despite promising bers of the American public came to addressing our concerns involves work- to forgo the poison pills a few months the Senate Chamber this week to wit- ing with this important NATO ally and back, Democratic leadership has run ness legislative activity, such as a aligning its interests with ours. the appropriations process aground so piece of legislation on the floor, Turning a cold shoulder altogether they can fight over immigration policy amendments, debate, votes, delibera- would be a major strategic misstep and with the White House. tion, or compromise, they are out of would jeopardize our national security Speaking of our Armed Forces, House luck. We don’t do that in the Senate and our interests. We do not need Tur- Democrats are also slow-walking the anymore. We are not going to do it this key to fall further into Moscow’s orbit. National Defense Authorization Act. week; we didn’t do it last week; and we I know my colleagues are looking to That is an essential bill that Congress didn’t do it the week before. Now, the Republican leader just said see whether a deal can be reached on has passed every year—every year the problem is impeachment. The prob- the S–400 air defense system. since 1961 like clockwork—every year, lem is not impeachment. The problem I share my colleagues’ uneasiness at on a bipartisan basis, for almost six seeing President Erdogan honored is the Senate is not a Senate anymore. decades, but this year House Demo- All we do in the Senate—all we do in down at the White House, but I urge crats broke with precedent and passed the Senate is this serial list of judicial this body to remain clear-eyed about their own partisan version and are now nominations, one after the other, after our Nation’s vital interests in the Mid- stalling the conference committee. the other, after the other. That is it. dle East and the fact that advancing These are the priorities that are lan- We don’t take up legislation. them will mean strengthening our rela- guishing as impeachment marches on. Yesterday there was a—right across tionship with this NATO ally, not f the street from this Capitol Building, weakening it further. in front of the Supreme Court, hun- f MEASURE PLACED ON THE dreds of people were there because of a CALENDAR—S. 2840 IMPEACHMENT hearing in the Supreme Court on the Mr. MCCONNELL. Mr. President, I issue of DACA, which was created by Mr. MCCONNELL. Mr. President, on understand there is a bill at the desk President Obama, where 780,000 un- one final matter, today, almost 3 years that is due for a second reading. documented young people had a chance in the House Democrats’ quest to im- The PRESIDING OFFICER. The to stay in this country and was abol- peach the President and 7 weeks into clerk will read the bill by title for the ished by President Trump. Hundreds the inquiry that Speaker PELOSI pro- second time. came out yesterday. They wanted to claimed in a press conference, House The senior assistant legislative clerk hear—at least try to hear the Supreme Democrats will hold their first public read as follows: Court deliberations on their future and hearing on impeachment. A bill (S. 2840) to authorize appropriations what would happen to them. This hearing was mandated by the It is quite possible that the Court strange resolution House Democrats for fiscal year 2020 for military activities of the Department of Defense, for military con- will rule in the President’s favor. I passed a couple of weeks ago. That res- struction, and for defense activities of the hope not, but it is possible, and the fu- olution did not provide President Department of Energy, and for other pur- ture of these young people will be de- Trump with important rights, which poses. portation. You can imagine how they the House afforded to Presidents of Mr. MCCONNELL. Mr. President, in feel about this issue. They look back both parties during past impeachment order to place the bill on the calendar over here at the Capitol and they won- inquiries. It didn’t even afford their under the provisions of rule XIV, I ob- der: What are they doing in the U.S. own House Republican colleagues the ject to further proceedings. Capitol building to deal with an issue same rights that House Republicans The PRESIDING OFFICER. Objec- of such grave importance for such a gave Democrats during the Clinton in- tion having been heard, the bill will be large group of people in the United quiry. No; House Democrats’ resolution placed on the calendar. States? Here’s what we are doing: just codified their unfair approach: no f Nothing—nothing. due process now, maybe some later, but The House of Representatives passed only if we feel like it. That is what it RESERVATION OF LEADER TIME the American Dream and Promise Act establishes. The PRESIDING OFFICER. Under in the month of June, and the U.S. Sen- The American people know that ate and Senator MCCONNELL will not many Washington Democrats have had the previous order, the leadership time is reserved. let us bring it to the floor. Is he going their minds made up on impeachment to blame the impeachment proceedings for years. It was clear on election day f for the fact that we have waited 5 2016, and it became undeniable by Inau- CONCLUSION OF MORNING months now with this critical bill, hav- guration Day. That is when the Wash- BUSINESS ing passed the House, not even being ington Post, before he was sworn in, considered in the U.S. Senate? Is that ran this headline: ‘‘The Campaign to The PRESIDING OFFICER. Morning the reason we haven’t been able to take Impeach President Trump has Begun.’’ business is closed. up serious legislation for weeks in the The whole country saw a prominent f U.S. Senate? Of course not. It is not House Democrat state publicly in April about impeachment; it is about a strat- of 2017: ‘‘I’m going to fight every day EXECUTIVE SESSION egy designed by the Senate Republican until he’s impeached.’’ That is the leader not to entertain substantive leg- chairwoman of one of the committees islation—just to take up the issues of EXECUTIVE CALENDAR the Speaker has given responsibility nominations. for this inquiry, promising impeach- The PRESIDING OFFICER. Under The nominations, of course, are an ment 3 months into his Presidency. the previous order, the Senate will pro- issue themselves. I mentioned the judi- It is hardly surprising that this par- ceed to executive session and resume cial nominations. Well, last week in tisan journey is not yielding a neutral consideration of the following nomina- the Senate Judiciary Committee, we process. Unfortunately, it is also tion, which the clerk will report. had the ninth Trump nominee for the

VerDate Sep 11 2014 03:18 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.001 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6517 Federal bench who had been found un- Stephen Vladeck, a leading expert on that day. He was 4 years old—4 years qualified by the American Bar Associa- the Senate’s confirmation process, old in a U.S. immigration court be- tion. That is nine so far. You say to notes that the President’s approach is cause of the separation of children yourself, well, that must happen from ‘‘depriving the Senate of its constitu- from their parents. He did jump up on time to time. It never happened one tional role—and in the process, of op- the chair because he saw a Matchbox time under President Obama; not one portunities to vet his nominees, to re- car on the table that he could play nominee was judged unqualified. There ject those who are unqualified, and to with while this hearing was deciding are nine of them under President conduct meaningful oversight of the his fate. Trump. Why? Because this administra- executive branch.’’ Do you know what happened? They tion, with the cooperation of Senator So what does the Senate institution- continued their cases for another 6 MCCONNELL, is hell-bent to fill these alists and the Senator from Kentucky months. Fortunately, Marta was re- vacancies, regardless of the com- think about diminishing the roles of united with her father in less than 6 petency of the individual who is being the Senate? Just fine, Mr. President, months. Do you know what happened nominated. whatever you want. when separated children were united? On the calendar today is another Today, the Senate will actually have Some of these children would not even nomination. Today the Senate is going a chance to vote on this individual, let their own mothers hold them. That to vote on the nomination of Chad Chad Wolf, to become an Under Sec- is what happens when you separate a 2- Wolf. This is technically a vote for Mr. retary on his quick path to become an year old from her mother for months at Wolf to be the Department of Home- Acting Secretary on his even quicker a time. That is what happened over and land Security’s Under Secretary for path to be in some way retired or fired. over again on the watch of Kirstjen policy. So is Chad Wolf the right person to Nielsen, the Secretary of Homeland Se- Let’s be clear. This is actually a vote run the Department of Homeland Secu- curity. Mr. Chad Wolf, who is on our on whether Mr. Wolf would run the en- rity, one of the most important law en- calendar today, was her chief of staff tire Department of Homeland Security. forcement agencies? His main quali- during this zero-tolerance policy. He would be the sixth Secretary in fication appears to be that he was Chief These disastrous separations have charge of this critical agency, the De- of Staff and top adviser to former Sec- done permanent damage to countless partment of Homeland Security—the retary . children. I saw two of them. Publicly sixth one since President Trump was I would say that arguably she may released emails show that Mr. Chad elected. Talk about a fast-moving, re- have been one of the worst performing Wolf, who will be voted on today in the volving exit door. You can hardly get Homeland Security Secretaries ever in Senate, was deeply involved in the dis- your desk put together with a few pens our history. It was Kirstjen Nielsen cussions that led to this policy. As far and computers on top of it; then, with who falsely claimed, ‘‘We do not have a back as December of 2017, Wolf was President Trump, you are out the door policy of separating families at the Acting Chief of Staff to Secretary if you are the Secretary of the Depart- border.’’ Then came along the Federal Nielsen. He sent the Justice Depart- ment of Homeland Security. judge in Southern and de- ment a list of 16 options for deterring Next up is Chad Wolf. The President manded an accounting of what actually undocumented immigrants. No. 2 on has indicated he is going to appoint was going on at the border. Do you the list was ‘‘separate family units.’’ him, not as the Secretary of Homeland know what the judge found after he de- His fingerprints are all over zero toler- Security—no, the Acting Secretary of manded that the Department of Home- ance. Homeland Security. But he first has to land Security under Kirstjen Nielsen Mr. Wolf was also intimately in- be confirmed as an Under Secretary. account for family separations? They volved in the Trump administration’s The Trump administration has shown found that more than 2,800 infants, tod- efforts to use Dreamers as bargaining in their immigration policy an ap- dlers, and children had been separated chips to advance the President’s anti- proach to this issue that we haven’t from their parents at the border. Even immigrant agenda. After he repealed seen for decades in Washington or the worse, there was no effort made to DACA, President Trump rejected nu- United States. The President has been trace where the parents were headed merous bipartisan deals to protect especially harsh when it comes to fami- and where the child was headed. At the Dreamers. I will not go through the lies and children. President Trump’s end, some of these children never ever awful details of our bipartisan efforts ineffective policies have made our were reunited with their parents, sepa- to come up with a bill, which the Presi- southern border much less secure than rated by Kirstjen Nielsen’s Department dent time and again rejected. Instead, when he took office. The situation has of Homeland Security. he said: Here is my approach to the even been worsened by this gaping I have seen the results of these disas- Senate. Take it or leave it. leadership vacuum in the Department trous separations. At the immigration The Senate left. It received fewer of Homeland Security. In less than 3 court in downtown Chicago, in a Loop than 40 votes in a Senate dominated by years, there have been four heads of high-rise building that you would never a Republican majority. the Department. Wolf would be the pick out as a court, you take an eleva- The administration said that it fifth person—I said six earlier, sorry— tor to one of the top floors and get out would support the authorization of to run it and the third Acting Sec- on a crowded floor. There are people Dreamers if the Congress passed his retary. Every position at the Depart- standing four- and five-deep waiting for plan, which included the largest cut in ment of Homeland Security with re- the docket call for immigration court. legal immigration in almost a century. sponsibility for immigration is now I went into the court just last year to The Senate rejected it. How do I know held by a temporary appointee ready to see what family separation was all that Mr. Wolf was involved in this ef- be fired at a moment’s notice, and the about. I found a good judge who had fort? I sat in on a half dozen meetings White House is not even submitting been at it for almost 20 years, and she with Secretary Nielsen and Mr. Wolf, nominations for those positions. This said to me: Senator, please stay for the just down the hall from here in the of- is a conscious choice by the Trump docket call, at least the first group of fice of Republican Congressman KEVIN White House to increase their power clients. MCCARTHY. He was there. Wolf was part and to undermine the role of the U.S. The first group of clients were called. of the program. Senate, and the Republican majority Marta was one of the clients. The judge In another administration, involve- thinks it is just fine. said: Would the clients please take ment in family separation and DACA The President has boasted about all their seats. The problem—the problem repeal would be grounds for dismissal. of his Acting Secretaries. He even has was, Marta was 2 years old. Marta had In the Trump administration, it is an Acting Chief of Staff. to be lifted into her chair and handed a grounds for promotion—promotion to said: I like acting. It gives you great, stuffed animal that she was hanging become the Acting Secretary and to great flexibility. onto throughout this hearing, which I see if this flavor of the month as the It sure does. You can just fire a per- am sure she never understood. head of one of these key agencies can son and call the next up in a moment, Hamilton was a little boy who was actually gut it out for 6 months. It in a matter of days. also a client in the immigration court might be a record if he did.

VerDate Sep 11 2014 03:18 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.003 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6518 CONGRESSIONAL RECORD — SENATE November 13, 2019 I urge my colleagues to oppose the dents: We are sorry you were de- The Second Circuit is one of our most nomination of Mr. Wolf. frauded, but it shouldn’t ruin your life. important appellate courts. It hears NOMINATION OF STEVEN J. MENASHI We are going to make sure your stu- appeals coming out of the Southern Mr. President, on the subject of dent loan at this bogus institution is District of New York, where there are nominations, last week every Repub- forgiven. multiple investigations underway of lican member of the Senate Judiciary Months ago, we learned that the national note. Committee voted to report out the DeVos Department of Education mis- The Senate should have grave res- nomination of Steven Menashi for a used private Social Security Adminis- ervations about advancing a nominee lifetime judgeship on the Second Cir- tration data to deny student loan relief to the Second Circuit who currently cuit. Every Democratic Member voted to thousands of students cheated by works in the White House but would the other way, and for good reason. the failed for-profit school, Corinthian not disclose under oath what he does, Steven Menashi lacks even the most Colleges. Last week, we learned that who has minimal courtroom experi- basic courtroom experience. He has Mr. Menashi, the nominee we will con- ence, who has a record of giving trou- never argued in court, conducted a dep- sider this week, was the architect of bling legal advice, and who has a his- osition, or tried a case. He has written this plan to deny these students full tory of expressing views which were en- dozens of incendiary editorials and ar- and fair relief. He gave legal advice to tirely out of the mainstream. ticles in which he showed a lack of Secretary DeVos on how to carry it I want to commend one Republican judgment and judicial temperament. out. colleague, Senator SUSAN COLLINS of Let me give you a couple of exam- It was certainly bad advice. A Fed- Maine, who said she is personally going ples. He said that ‘‘charges of racism eral court ruled that the Menashi plan to oppose the Menashi nomination be- are typically overblown.’’ He went on illegally violated student privacy and cause in her words—I couldn’t say it to say that gun control legislation is ordered the Department to stop put- more clearly—‘‘I do not believe he is ‘‘pointless and self-defeating because ting Corinthian borrowers into collec- well-suited to serve on the federal guns reduce crime.’’ Then he said, ‘‘The tion while they waited for relief. This bench.’’ Wouldn’t it be great if a few animal rights crowd is, by and large, a man, who wants a lifetime appoint- more Senate Republicans felt the same contemptible bunch.’’ ment to opine and rule and judge on way? Mr. Menashi currently works in the laws and statutes and the Constitution, I urge a ‘‘no’’ vote on the Menashi White House. He works with Stephen gave advice to the Secretary of Edu- nomination. Miller. There is a name that may be fa- cation that turned out to be found in I yield the floor. violation of the law. In the months miliar. He is pushing Stephen Miller’s Mrs. FEINSTEIN. Mr. President, I that followed, the Department failed to anti-immigrant agenda. rise today in opposition to the nomina- He spent several years advising the comply with the order of the court, re- tion of Steven Menashi to the United Secretary of Education, Betsy DeVos, sulting in the judge’s holding Sec- States Court of Appeals for the Second on some of the most anti-student meas- retary DeVos in contempt of court and Circuit. ures that Department has ever under- forcing her to pay a fine because of From 2017 to 2018, Mr. Menashi served taken. Menashi’s advice. What a debacle. Yet as the Acting General Counsel of the Mr. Menashi’s hearing before the my Republican colleagues believe that Department of Education under Sec- Senate Judiciary Committee was an the appropriate response to this deba- retary Betsy DeVos. Mr. Menashi has embarrassment. He refused to answer cle by Mr. Menashi is to promote him stated that, in this role, he was ‘‘re- basic questions from either Democrats to a lifetime appointment to a court sponsible for providing legal advice re- or Republicans, basically saying to the that is one step below the U.S. Su- lated to all aspects of the Department’s Judiciary Committee: My experience— preme Court. what I have done, what I believe—is While Mr. Menashi is looking forward operations, including litigation, rule- none of your business. to his lifetime job, the victims of Co- making, regulation, and enforcement.’’ It was a deeply troubling nomina- rinthian Colleges’ fraud and Menashi’s Before Mr. Menashi joined the De- tion, to the point where even Repub- illegal scheme continue to suffer with- partment of Education, the Depart- lican colleagues on the committee were out the relief they deserve—victims ment had found that thousands of stu- chiding him to answer a question if he like a man named Sheldon, one of my dents had been defrauded by for-profit wanted a lifetime appointment to the constituents from Bloomington, IL. He colleges. The for-profit schools had lied second highest court in the land. He took out student loans to enroll in an to students about job prospects, grad- continued to refuse, but he still won all online criminal justice course from one uation rates, and steered them into of their votes when his nomination of the Corinthian schools, called Ever- mountains of debt. The Department came up last week. est College. had concluded that these students were Apparently, Mr. Menashi is hoping Corinthian may have gone bankrupt entitled to relief from their student that in this busy week, we are going to in 2016 after it was revealed that it had loan debt. hold this floor vote, and nobody will defrauded students into signing up, but But when Mr. Menashi arrived at the notice. Well, a lot of Americans will former students like Sheldon have had Department, he took a different view. notice, especially the tens of thousands no relief from the Department of Edu- He wrote a memo, which has since been of Americans who have been the vic- cation for their student loan debt from obtained by , argu- tims of the for-profit college scams. Do this bankrupt school that defrauded ing against full debt relief for the stu- you remember those schools? You have them. The collection agencies still dents. heard a lot about them, haven’t you? keep calling Sheldon’s home. He wrote Many of these students found them- All these schools that said they were to my office and told me how he had selves unable to work in the fields that colleges and universities—they were in his wages garnished because he owes they had pursued at the for-profit col- it for a buck. Many of them turned out $13,000 in student loans for enrolling in leges because the colleges had either to be frauds. They weren’t really col- this bogus Corinthian College program. suddenly closed or the degrees had leges and universities. He said: ‘‘My checks have been taken proven to be worthless. Nonetheless, Nine percent of high school students away from me for the past 3 years.’’ Mr. Menashi’s idea, which the Depart- in the United States go to for-profit Mr. Menashi should be embarrassed ment adopted, was to use the private colleges and universities—9 percent— by the advice he gave to Secretary Social Security earnings data of the and one-third, 33 percent of all the stu- DeVos to deny full and fair relief to defrauded students as a basis for lim- dent loan defaults are students at for- students like Sheldon and thousands of iting their relief. Even if you put aside profit colleges and universities. Why? others who were tricked and cheated the unfairness of Mr. Menashi’s plan, They overcharge the students; they by for-profit colleges. He is not. Mr. there was another problem: It was ille- undereducate them; and they leave Menashi told me in writing after his gal. them with a mountain of debt. When hearing: ‘‘I am proud of my work at the Six months after Mr. Menashi’s plan these schools go out of business, we Department of Education and of the was implemented, and while Mr. have an opportunity to say to the stu- legal advice that I provided.’’ Menashi was still at the Department, a

VerDate Sep 11 2014 00:08 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.004 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6519 Federal court ruled that using stu- exploited the slaying of Matthew action, DHS Secretary Nielsen sent a dents’ private Social Security data vio- Shepard for both financial and political letter lambasting the negotiations and lated the Federal Privacy Act. The benefit.’’ Mr. Menashi wrote that accused them of undermining U.S. se- court ordered the Department to stop ‘‘charges of racism are typically over- curity. using the students’ private information blown,’’ and he compared affirmative The Trump administration has and to stop collecting on their student action in college admissions to Nazi weaponized and poorly managed DHS, loans. Germany’s Nuremberg laws. and I cannot support this nominee. Even after this Federal court ruling, I want to close with a quote from a Mr. DURBIN. I suggest the absence of the Department failed to comply. The letter of opposition submitted by the a quorum. Department continued to illegally col- Congressional Black Caucus. The CBC The PRESIDING OFFICER. The lect on the student loans of at least rarely takes a position on judicial clerk will call the roll. 16,000 defrauded students. The Depart- nominees, but in this instance, felt The senior assistant legislative clerk ment garnished wages, seized tax re- compelled to do so. The CBC writes: proceeded to call the roll. funds, and wiped out some students’ ‘‘Menashi’s writings show a willingness Mr. CRAMER. Mr. President, I ask credit ratings. to discriminate against minorities, unanimous consent that the order for Less than 3 weeks ago, a Federal women and the LGBTQ community. the quorum call be rescinded. court held Secretary Betsy DeVos in Menashi, who has consistently spoken The PRESIDING OFFICER (Mr. contempt of court and fined the De- against diversity and inclusiveness, SASSE). Without objection, it is so or- partment $100,000. The Federal mag- does not deserve a lifetime position on dered. istrate judge who issued the contempt one of the most important appellate The PRESIDING OFFICER. Under order said, ‘‘[T]here have to be some courts in this country.’’ the previous order, all postcloture time consequences for the violation of my In light of Mr. Menashi’s record, it is is expired. order 16,000 times.’’ hardly surprising that there is bipar- The question is, Will the Senate ad- Mr. Menashi should not be rewarded tisan opposition to his nomination. vise and consent to the Wolf nomina- for providing such bad legal advice I will vote no on Mr. Menashi’s nomi- tion? with a lifetime appointment to the nation, and I urge my colleagues on Mr. CRAMER. Mr. President, I ask Federal bench. both sides of the aisle to do the same. for the yeas and nays. While at the Department, Mr. f The PRESIDING OFFICER. Is there a Menashi also helped push new rules on sufficient second? NOMINATION OF CHAD F. WOLF campus sexual assault that the admin- There is a sufficient second. istration’s own analysis concluded Mr. VAN HOLLEN. Mr. President, I The clerk will call the roll. would dramatically reduce the number rise to object to the nomination of The legislative clerk called the roll. of sexual assault investigations. Under Chad Wolf to serve as DHS Undersecre- Mr. THUNE. The following Senator is these new rules, a student who is the tary of the Office of Strategy, Policy, necessarily absent: the Senator from survivor of sexual assault would be and Plans. South Dakota (Mr. ROUNDS). subject to cross-examination by their This nomination is yet another ex- Mr. DURBIN. I announce that the attacker’s representative at a live ample of the Trump administration’s Senator from New Jersey (Mr. BOOKER), hearing. chaotic and inhumane approach to im- the Senator from California (Ms. HAR- In 2018, Mr. Menashi joined the White migration issues. DHS is the third larg- RIS), the Senator from Vermont (Mr. House Counsel’s Office, where he has est Federal agency, and under the SANDERS), and the Senator from Massa- been a member of Stephen Miller’s Trump administration, it has had four chusetts (Ms. WARREN) are necessarily White House Immigration Strategic directors in less than 3 years. It has absent. Working Group. This working group been widely reported that Republicans The result was announced—yeas 54, has helped push a number of extreme are rushing to confirm Mr. Wolf so that nays 41, as follows: anti-immigrant policies, including the President Trump can then appoint him [Rollcall Vote No. 354 Ex.] White House’s policy of separating Acting DHS Secretary. He will be the YEAS—54 children from their families, a problem fifth DHS Secretary and the third Act- Alexander Fischer Paul that still has not been fully remedied, ing. Rather than go through the nor- Barrasso Gardner Perdue despite a court order to do so. mal channels of selecting a nominee Blackburn Graham Portman At his hearing, Mr. Menashi refused and allowing Senators to properly vet Blunt Grassley Risch to answer numerous basic questions and question the nominee, Republicans Boozman Hawley Roberts Braun Hoeven Romney about his work, including about his are going along with Trump’s plan to Burr Hyde-Smith Rubio role in the administration’s family sep- circumvent Federal law. Capito Inhofe Sasse aration policy. He also refused to an- When asked directly by my col- Cassidy Isakson Scott (FL) swer written questions about whether league, Senator ROSEN, about his role Collins Johnson Scott (SC) Cornyn Kennedy Shelby he has worked or advised on matters in formulating the family separation Cotton Lankford Sinema relating to the whistleblower com- policy, Mr. Wolf denied any direct Cramer Lee Sullivan plaint and President Trump’s call with knowledge of that policy. Leaked Crapo Manchin Thune Cruz McConnell Tillis Ukraine’s President. Importantly, none emails later revealed that, as Sec- Daines McSally Toomey of these questions asked Mr. Menashi retary Nielsen’s chief of staff, he pre- Enzi Moran Wicker about the substance of his advice. sented her with a memo with options Ernst Murkowski Young These questions simply sought to un- to deter migrants coming to the bor- NAYS—41 derstand what matters he has worked der. Separating parents from their chil- Baldwin Hassan Reed on. His refusal to answer makes it dif- dren was the second option on that list. Bennet Heinrich Rosen ficult for us to fulfill our constitu- The family separation policy is repug- Blumenthal Hirono Schatz tional duty to advise and consent. nant to our country’s values. Brown Jones Schumer Cantwell Kaine Mr. Menashi’s earlier career is equal- The timing of this nomination is es- Shaheen Cardin King Smith ly troubling. He criticized ‘‘Take Back pecially concerning in light of the Su- Carper Klobuchar Stabenow the Night marches,’’ which aim to stop preme Court oral arguments this week Casey Leahy Tester Coons Markey Udall campus sexual assault. He also wrote on DACA. The Trump administration Cortez Masto Menendez Van Hollen that the Supreme Court’s decision in ended DACA and then rejected com- Duckworth Merkley Warner Roe v. Wade had codified the ‘‘radical promise legislation, written by a bipar- Durbin Murphy Whitehouse abortion rights advocated by campus tisan group of Senators, that would Feinstein Murray Gillibrand Peters Wyden feminists.’’ He wrote that gun control have given over 700,000 Dreamers who legislation is ‘‘pointless [and] self-de- have grown up here stability and, ulti- NOT VOTING—5 feating, because guns reduce crime,’’ mately, a path to citizenship. When Booker Rounds Warren and he claimed that a major LGBT- those Senators were negotiating an im- Harris Sanders rights organization had ‘‘incessantly migration deal, in an unprecedented The nomination was confirmed.

VerDate Sep 11 2014 03:18 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.001 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6520 CONGRESSIONAL RECORD — SENATE November 13, 2019 The PRESIDING OFFICER. Under Hassan Menendez Sinema at night. Many people reached out to the previous order, the motion to re- Heinrich Merkley Smith me in my office about the impossible Hirono Murphy Stabenow consider is considered made and laid Jones Murray Tester decisions they are required to make in upon the table, and the President will Kaine Peters Udall order to keep pace with rising prescrip- be immediately notified of the Senate’s King Reed Van Hollen tion drug costs—particularly the out- Klobuchar Rosen action. Warner of-pocket costs—whether they pay Leahy Schatz Whitehouse Manchin Schumer f Wyden some bills and have to defer or not pay Markey Shaheen others; whether they cut their pills in CLOTURE MOTION NOT VOTING—5 half or self-ration the medications, The PRESIDING OFFICER. Pursuant Booker Rounds Warren which is dangerous to their health, or to rule XXII, the Chair lays before the Harris Sanders don’t fill prescriptions altogether be- Senate the pending cloture motion, The PRESIDING OFFICER. On this cause they simply can’t afford the out- which the clerk will state. vote, the yeas are 51, and the nays are of-pocket costs. No family should be The legislative clerk read as follows: 44. required to make those sorts of deci- CLOTURE MOTION The motion is agreed to. sions. Sadly, I know my constituents in f We, the undersigned Senators, in accord- are not alone. The Kaiser Family ance with the provisions of rule XXII of the EXECUTIVE CALENDAR Standing Rules of the Senate, do hereby Foundation poll in September found move to bring to a close debate on the nomi- The PRESIDING OFFICER. The that the No. 1 healthcare concern of nation of Steven J. Menashi, of New York, to clerk will report the nomination. the American people is prescription be United States Circuit Judge for the Sec- The bill clerk read the nomination of drug prices. This is something the ond Circuit. Steven J. Menashi, of New York, to be President has said he wants to address, Mitch McConnell, John Hoeven, Steve United States Circuit Judge for the the House has said they want to ad- Daines, James E. Risch, Roger F. Second Circuit. dress, and the Senate has said we want Wicker, Pat Roberts, John Thune, The PRESIDING OFFICER. The Sen- to address, and this legislation we are Mike Rounds, Roy Blunt, Mike Crapo, John Boozman, John Cornyn, Lindsey ator from Connecticut. talking about will help move the ball Graham, , David Perdue, UNANIMOUS CONSENT REQUEST—S. 1416 in the right direction. Chuck Grassley, Rick Scott. Mr. BLUMENTHAL. Mr. President, I A whopping 70 percent of people The PRESIDING OFFICER. By unan- am proud to be here to advocate on be- think growing prescription drug costs imous consent, the mandatory quorum half of a bill that has enjoyed, rightly, should be the top priority for Congress, call has been waived. bipartisan support: the Affordable Pre- which should make it our No. 1 item on The question is, Is it the sense of the scriptions for Patients Act. our to-do list. The good news is, we are Senate that debate on the nomination We all know that the astronomically making some progress. Here in the of Steven J. Menashi, of New York, to rising costs of prescription drugs are a Senate, we have taken a bipartisan ap- be United States Circuit Judge for the burden—in fact a bane for Americans proach, which is the only way to actu- Second Circuit, shall be brought to a regardless of where they live, regard- ally get things done in Congress. We close? less of their party, race, religion, or talked to every major player in the The yeas and nays are mandatory age, but particularly for our seniors. supply chain, and we asked questions under the rule. The choice between paying the mort- about whether confusing practices that The clerk will call the roll. gage, putting food on the table, and are not transparent to outsiders are all The bill clerk called the roll. buying prescription drugs has become a combining to drive up costs. What I find seriously concerning are Mr. THUNE. The following Senator is daily challenge for people across the the anti-competitive behaviors of some necessarily absent: the Senator from country. of the drug manufacturers, the games- South Dakota (Mr. ROUNDS). This bill offers a positive, solid step manship, particularly when it comes to Mr. DURBIN. I announce that the toward ending abuses in the use of pat- our patent system. We know companies Senator from New Jersey (Mr. BOOKER), ents—abuses that are called patent pour a lot of time and money into the the Senator from California (Ms. HAR- thicketing and product hopping—that research and development of new medi- RIS), the Senator from Vermont (Mr. all too commonly raise the cost of pre- cations, and we don’t want to do any- SANDERS), and the Senator from Massa- scription drugs and preclude access for thing to stop that. We want to chusetts (Ms. WARREN) are necessarily the people who need those drugs the incentivize that so that they are able absent. most. to recover their costs and perhaps The PRESIDING OFFICER (Mr. This effort has been a bipartisan one involving many of us in this Chamber. make a profit when the drug turns out LANKFORD). Are there any other Sen- to be successful. But we don’t want ators in the Chamber desiring to vote? It passed from the Judiciary Com- them playing games with the patent The yeas and nays resulted—yeas 51, mittee unanimously. It is a testament system in a way that prevents others nays 44, as follows: to the still-possible bipartisan coopera- tion on an issue of paramount concern at some point, after that period of ex- [Rollcall Vote No. 355 Ex.] to the people of America that we have clusivity, from being able to compete YEAS—51 reached this point of bringing it to the with a generic alternative. Alexander Fischer Paul floor of the Senate. Ninety percent of the drugs we take Barrasso Gardner Perdue are generic, and that is why they are so Blackburn Graham Portman I am proud to have worked on this Blunt Grassley Risch measure with my colleague from Texas affordable and so inexpensive, but for Boozman Hawley Roberts who has really helped to lead this ef- the top 10 percent of branded drugs Braun Hoeven Romney fort, Senator CORNYN, who is here on that people take, many of them simply Burr Hyde-Smith Rubio Capito Inhofe Sasse the floor with me, and I am happy to are unaffordable. These patents I refer Cassidy Isakson Scott (FL) yield to him now. to do protect the intellectual property Cornyn Johnson Scott (SC) The PRESIDING OFFICER. The Sen- for these key drugs and are an impor- Cotton Kennedy Shelby ator from Texas. tant part of the incredible innovation Cramer Lankford Sullivan Crapo Lee Thune Mr. CORNYN. Mr. President, I thank that occurs here in the United States, Cruz McConnell Tillis the Senator from Connecticut for his but increasingly we are seeing compa- Daines McSally Toomey leadership. nies using the patent system as a Enzi Moran Wicker At a time when people see bipartisan- Ernst Murkowski Young shield for competition beyond the life ship in short supply in Washington, of the patent. NAYS—44 DC, this is one area where we can actu- It is time to put a stop to that. We Baldwin Cardin Cortez Masto ally make some real progress for the can do that today. We can begin that Bennet Carper Duckworth people we represent. process today. That is exactly why I in- Blumenthal Casey Durbin Brown Collins Feinstein We all know that climbing troduced the Affordable Prescriptions Cantwell Coons Gillibrand healthcare costs are keeping people up for Patients Act with the Senator from

VerDate Sep 11 2014 00:08 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.007 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6521 Connecticut. It targets two specific I ask unanimous consent that the Health and Human Services believes it, practices used by drug companies to committee-reported substitute be with- the American Medical Association, the keep prices high. First is product hop- drawn and the Cornyn amendment at Hospital Association, all the people I ping, which occurs when a company de- the desk be agreed to; that the bill, as mentioned, as well as almost 90 percent velops a reformulation of a product amended, be considered read a third of Democrats and Republicans. Who op- that is about to lose its exclusivity pe- time and passed; and that the motion poses this? Who would oppose dis- riod and then pulls that original prod- to reconsider be considered made and closing the price of the drug? I will bet uct off the market. This is done not be- laid upon the table. you are guessing the pharmaceutical cause the new formula is necessarily The PRESIDING OFFICER. Is there industry, and you are right. They are more effective but because it prevents objection? looking for one Senator who will object generic competitors for that product Mr. DURBIN. Reserving the right to to what I am offering. That is what that has now been pulled off the mar- object. they need. They need just one Senator ket. The second phenomenon we are The PRESIDING OFFICER. The Sen- to say no, and frankly I am afraid we trying to combat is something called ator from Illinois. are going to face that this afternoon. patent thicketing, which occurs when Mr. DURBIN. Mr. President, let me The bottom line is this: If you believe an innovator uses multiple, overlap- start by saying I support this bill, the consumers in America have a right to ping patents with identical claims to bill offered by Senators CORNYN and know the cost of a drug, if you believe make it nearly impossible for competi- BLUMENTHAL. It is bipartisan in nature the pharmaceutical companies have a tors to enter the field. and passed the Judiciary Committee. I responsibility to disclose it, if you be- This is not how patents were sup- not only voted for it, I cosponsored it, lieve high prescription drug prices are posed to be used, and we shouldn’t and I think it should become the law of unfair and costing a lot more in our allow these anti-competitive practices the land. It will be helpful in reducing healthcare system than they should, to continue. In one case involving the the cost of pharmaceuticals. then support this basic measure that drug HUMIRA, the most popular drug I am offering a modification to the passed the Senate last year without being prescribed today, there are more bill. I believe this modification is one one negative voice. None. None whatso- than 120 separate patents for essen- that should be passed by the Senate as ever. tially the same molecule. Meanwhile, well. In fact, it did pass the Senate last So having reserved the right to ob- patients can’t get access to competi- year by a voice vote. Not a single Sen- ject, I ask that the Senator modify his tive drugs that probably would be ator objected when it passed the Sen- request so that in addition to the pend- cheaper here in America, while there ate last year. We know—I have been ing request, the Finance Committee be are four approved alternatives in Eu- told by my colleagues—that they sup- discharged from further consideration rope. port the concept, but they are not of S. 1437 and the Senate proceed to its The American people simply should alone. The bill I am offering is also immediate consideration; that the Dur- not have to put up with this. We need supported by the American Medical As- bin-Grassley amendment at the desk be to stop companies from manipulating sociation; the American Hospital Asso- agreed to; that the bill, as amended, be the system and keeping competitors ciation; 88 percent of the American considered read a third time and tied up in courtrooms so that patients people, Republicans and Democrats; passed; that the Durbin-Grassley can start to feel some relief. President Trump; his health Secretary, amendment to the title be agreed to; Patients aren’t the only ones who Dr. Azar; the AARP—a long list. and that the motions to reconsider be would benefit from this bill. The Con- What could I possibly propose that considered made and laid upon the gressional Budget Office released a cost would have all of these people sup- table with no intervening action or de- estimate and found that it would lower porting it? Simple. When the drug com- bate. The PRESIDING OFFICER. Would Federal spending by more than half a panies decide to run an ad on tele- the Senator modify his request? vision—and you see a lot of them, don’t billion dollars over 10 years. That is Mr. TOOMEY. Reserving the right to you? The average American sees nine not a whole lot of money in the grand object. scheme of things, but when you con- every day. All we ask is that included The PRESIDING OFFICER. The Sen- sider what the impact would be in the in the ad, they disclose the cost of the ator from Pennsylvania. private insurance market, too, that be- drug. Mr. TOOMEY. Mr. President, first let gins to add up, and it adds up where it How did I pick this as the cost for the me say that I think Senator CORNYN’s counts the most when it comes to sen- drug? I didn’t pick it; it was chosen by legislation is very constructive. I fully iors and other patients paying out of the pharmaceutical company. That is support it. I think it would result in pocket for their copays and deductibles the list price of the drug. They can go lower costs for consumers. It is very in order to get the drugs they need. on to say ‘‘You will not have to pay commendable. I think we should pass This bill really checks every box. It that amount,’’ but I believe the Amer- it. I am sympathetic with the idea of protects innovation, increases competi- ican people should know what the requiring greater transparency on tion, lowers prices for patients, and drugs cost. healthcare costs generally, but I have saves money for taxpayers. Not sur- The most heavily advertised drug in significant policy concerns and process prisingly, as the Senator from Con- America today is HUMIRA. HUMIRA is concerns with the proposal from the necticut pointed out, it has strong sup- used for forms of arthritis and psori- Senator from Illinois. port on both sides of the aisle. The Ju- asis. But few Americans know, as they The policy concern, broadly, is that diciary Committee, which ordinarily is watch people sitting by the swimming what his legislation would do is it a pretty contentious place, unani- pool with clear skin, that HUMIRA would single out one industry and re- mously voted this bill out of com- costs $5,500 per month. The reason I quire a mandate that in their direct-to- mittee. Our friend from Illinois, Sen- want to disclose this is because I think consumer advertising, they provide ator DURBIN, and Senator MURRAY from consumers have the right to know. systematically misleading information Washington—two Members of the Someone is going to pay that to consumers. It doesn’t strike me, ob- Democratic leadership—are both co- amount—your insurance company. viously, as a good idea to mislead peo- sponsors of the bill, which shows just Somebody is going to pay that amount. ple, including in this context. how noncontroversial this is. When Blue Cross and Blue Shield of Il- Why do I say it is misleading? It is I think it is time that we pass this linois says that the No. 1 driver in because the legislation requires the list legislation and let our constituents health insurance premiums is high pre- price or the wholesale acquisition price know we have heard their concerns and scription drug prices, I think people of a drug to be the price that is put in we are committed on a bipartisan basis ought to know. It is not just a matter the ad, despite the fact that almost no to bringing down drug prices. of being in a bathing suit without a red one ever pays either of those prices. Mr. President, as if in legislative ses- patch on your elbow; it is $5,500 per There are huge rebates that are built sion, I ask unanimous consent that the month. into the system. Senate proceed to the immediate con- President Trump believes that disclo- We can have a good debate about sideration of Calendar No. 132, S. 1416. sure should be made, the Secretary of whether it is a good model by which

VerDate Sep 11 2014 00:08 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.010 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6522 CONGRESSIONAL RECORD — SENATE November 13, 2019 the government has created all of these not what is on the floor today from the Mr. DURBIN. Reserving the right to perversities in our healthcare delivery Senator from Illinois. object. system, but that is what it is. The Now, despite my policy concerns— I am not a zoologist, so I don’t know truth and the reality is almost no one and they are serious—I actually think if crocodiles can cry, but I am very pays either the list or the wholesale ac- we ought to debate these things. We concerned about the argument the Sen- quisition price. Think about it. If you ought to put this kind of legislation on ator from Pennsylvania made. He is ac- are on Medicaid, you pay zero. If you the floor. We ought to have a debate. tually standing here, in defense of sen- are on Medicare, you often pay zero— We ought to have a vote, but this is ior citizens, by objecting to disclosing usually, nearly zero. If you have pri- complicated, and it is fraud. We should the list price that the pharmaceutical vate insurance, it varies enormously not be trying to just pass this by unan- companies charge for these drugs. I from zero to something significantly imous consent. This legislation has not didn’t choose that price; they chose different, but almost no one pays the gone through committee, and contrary that price. price that the Senator from Illinois to my colleague from Illinois—this ac- Mr. TOOMEY. Will the Senator would require to be posted in all direct- tual piece of legislation has never had yield? to-consumer advertising. a vote as a freestanding matter. A Mr. DURBIN. I will not yield until I Think about some of the unintended version of it that is different from what am finished. consequences. The number that would is being offered today was buried in a I said they could put a disclaimer on have to be in the ad is way higher than larger legislation which passed. That is that saying maybe you will not pay the what almost anyone actually pays. not the same as scrutinizing this pol- full list price depending on your insur- Think of what could happen. I can icy, subjecting it to amendments, and ance or coverage, but to argue that you imagine senior citizens sitting there deciding on it. That is what I think we are standing here in defense of senior watching an ad. Maybe they see a med- ought to do. citizens and denying this information Unlike my colleagues on the other icine they actually would benefit from, to them and that the only way we can side who have been consistently pre- and then at the end there is some huge consider this measure is call up the De- venting us from taking up legislation, partment of Defense appropriations number that does not reflect—it such as the approps bills they have not bill—from where I am standing, this doesn’t come close to reflecting what allowed us to get on to or the SECURE measure, which passed the Senate the actual cost would be, but it is a big Act, on which I offered a unanimous without your objection last year, number so that a senior citizen would consent process for us to take up and should pass now with the underlying understandably say: Gosh, I can’t af- process, I think we ought to consider legislation. Let’s get this done in a ford that. I guess I can’t pursue that this legislation, even though I don’t comprehensive way to help seniors, and therapy, even though they might need think I would support the final prod- let’s not stand in defense of pharma- that. I am sure that is not the intended uct. consequence of this legislation, but I What I suggest we do is let’s move on ceutical companies. They have plenty am pretty sure it would happen. to the Defense appropriations bill. Ar- of people to defend them. It is also peculiar to me that the au- guably, the most fundamental respon- The PRESIDING OFFICER. Does the thors of this legislation choose to sin- sibility of Congress is to fund our na- Senator object to the modification? gle out a small fraction of the tional defense. Let’s make in order as Mr. DURBIN. I object. healthcare industry to impose this the first amendment after the man- The PRESIDING OFFICER. Objec- mandate. Prescription drug spending is agers’ amendment the amendment of tion is heard. Is there objection to the original re- about 10 percent of healthcare. Hos- the Senator from Illinois that he has quest from the Senator from Illinois to pitals are about 32 percent, but I just described. I don’t support it, but I haven’t seen that we are going to im- support his right to have a debate and modify his request? Mr. TOOMEY. I object. pose this. If you look at the rate of have a vote. Let’s go on to an appro- The PRESIDING OFFICER. Objec- price increases in various sectors of priations bill and let’s make his tion is heard. healthcare, you see that actually pre- amendment in order as the first Is there objection to the Senator scription drugs, over the last 20 years— amendment. We can debate it; we can from Texas? their increase in prices is considerably vote it; and we will all live with the Mr. SCHUMER. Reserving the right less than hospital services and consid- consequences. I think that is what we to object. erably less than medical care services. are here for. I think the purpose of the Then, of course, we have other sec- Senate is to take on these issues, put RECOGNITION OF THE MINORITY LEADER tors in the economy altogether. Are we them on the floor, have a debate, and The PRESIDING OFFICER. The going to put mandates on colleges, for have a vote. I am willing to live with Democratic leader is recognized. instance? The rate of tuition increase the outcome of that. Mr. SCHUMER. Mr. President, I am in colleges is much greater than the Mr. President, I ask that the Senator so glad to be out here today to deal rate of increase of prescription drugs in from Illinois modify his request and with the issue of reducing prices on recent years. I haven’t heard a proposal that the Senate proceed to the imme- drugs for seniors and others. There are yet, but maybe one is coming that diate consideration of Calendar No. 132, so many things we must do. Some are would require this of other industries S. 1416. I further ask unanimous con- small. Some are large. We want to do as well. sent that the committee-reported sub- all of them. If I didn’t know better, I would think stitute amendment be withdrawn and We Democrats know how bad drug it seems part of a theme to vilify the that the Cornyn amendment at the prices are for seniors. We know how industry that has developed the thera- desk be agreed to; that the bill, as bad the sabotage of our healthcare sys- pies that allow us to live longer, amended, be considered read a third tem is for seniors. If you don’t have in- healthier, and save lives. Most impor- time and passed; and that the motion surance, you probably can’t pay for the tantly, maybe it will not lower costs. to reconsider be considered made and drugs no matter what happens. It is not going to lower costs for con- laid upon the table; and finally, that I would say to my good friend the sumers. The only way we are going to following disposition of S. 1416, the Senator from Texas that we have a do that is if we better align the incen- Senate proceed to the immediate con- whole lot of legislative ideas, not just tives of the consumer and the person sideration of H.R. 2740, and following his. He demands his. It is good, but it paying. the offering of a substitute amendment is hardly large. There are millions and In contrast, by the way, the Finance by Senator SHELBY or his designee, the millions who need help who are not af- Committee and HELP Committee re- first amendment in order be an amend- fected. The Senators from Illinois and ported out legislation that actually ment offered by Senator DURBIN or Iowa have a bill to lower prescription would lower out-of-pocket costs for Senator GRASSLEY, the text of which is drug costs. The HELP Committee has a prescription drugs. We have Senator identical to S. 1437, as amended, which bill that would help community health CORNYN’s legislation that I think abso- is at the desk. centers. The Senate Finance Com- lutely would lower the cost of con- The PRESIDING OFFICER. Does the mittee has a good bipartisan bill to sumer prescription drugs. Yet that is Senator modify his request? lower costs for seniors who are very

VerDate Sep 11 2014 00:08 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.012 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6523 strong supporters of allowing Medicare year. I serve on the Finance Com- conditions, and I am not aware of any- to negotiate prices. That would do mittee— one in the Senate who opposes it. If more than anything else. Mr. SCHUMER. Would the gentleman such a bill is scheduled for a vote on I ask my friend from Texas, Will he yield for a question? the floor, I will be more than happy to get his leader and himself to allow us Mr. CORNYN. After I am through. participate in that process. to bring an amendment to a bill on the Mr. SCHUMER. Thank you. The PRESIDING OFFICER. The floor that protects seniors who have Mr. CORNYN. I serve on the Finance Democratic leader. preexisting conditions from their in- Committee and on the Judiciary Com- Mr. SCHUMER. Will the Senator sup- surance companies withdrawing from mittee, where this bill came from, and port a proposal that is coming out of them? Will he let us do that? That is I know Senator MURRAY and Senator the House to allow Medicare to nego- far more consequential than his well- ALEXANDER have a package out of the tiate with the drug companies to great- intended good but not largely effective Health, Education, Labor, and Pen- ly lower prices? bill. The No. 1 thing—ask AARP—the sions Committee. I welcome the oppor- The PRESIDING OFFICER. The Sen- No. 1 thing that will protect senior tunity to have those bills come to the ator from Texas. citizens and others from high drug floor and to offer amendments and de- Mr. CORNYN. Mr. President, in prices is to allow Medicare to negotiate bate them and pass them because I speaking through the Presiding Officer, with them, something the Senator has agree that the country would benefit I say to my friend that nothing gets blocked repeatedly. Will he change his by bringing down healthcare costs, by done around here unless it is bipar- position? bringing down prescription drug costs, tisan. Right now, the bill that the Let’s not have this charade, this ma- and I believe that work is long overdue, House has sent us is one that divides nipulative charade, where my dear but my bill is not going to sink the people along party lines, which means friend from Texas comes to the floor prospects of that larger package of leg- it is unlikely we would build the bipar- with a bill he proposes but blocks ev- islation. tisan consensus we would need to get it erything and his party blocks every- What we have in front of us is an done in the Senate. I am more than thing that would have a far larger con- uncontested, bipartisan bill that we happy to engage in that debate and to sequence. can pass today. Let’s pass it. Let’s not vote on amendments on such a bill, but No. 1, allow Medicare to negotiate. let the perfect be the enemy of the I am not going to agree to price-fixing Every Member of our caucus is for good. What I hear the minority leader by the U.S. Government, which will that. It will lower drug prices dramati- saying is that it is either everything or make more scarce and less available cally. No. 2, stop the administration— nothing. the lifesaving prescription drugs that the administration the Senator from Mr. SCHUMER. Will the Senator many people need. Yet I am happy to Texas supports 95 percent of the time— yield for a correction? engage in that debate, to vote, and to even my microphone is excited about Mr. CORNYN. Mr. President, I will let the Senate and Congress work their these remarks. I, once again, thank our yield for a question after I am through will. capable staff who always come to the talking. The PRESIDING OFFICER. The rescue. When there is a statement, in effect, Democratic leader. We need Senator CORNYN to come to of ‘‘I want everything to be done now Mr. SCHUMER. Mr. President, I the rescue of senior citizens and not or there will be nothing done at all,’’ thank my colleague for his answers. play a little game like this. Again, pre- do you know what happens? Every sin- I would say this: Let him use his existing conditions are probably the gle time that argument is made and power and position as leader to go to No. 1 bane of people. We want to bring that position is taken, nothing hap- the majority leader, who has prevented an amendment to the floor to protect pens. Nothing happens. That is what any debate on anything on drugs to those people—a mom whose daughter people hate about Washington, DC, and come to the floor, including these two has cancer, and the drug company says, when they look at C–SPAN, if they do most significant issues that I have ‘‘You’re off,’’ and the insurance com- look at C–SPAN, and see these debates. talked about. Let us put a package to- pany says, ‘‘You’re gone.’’ Isn’t that It is everything or nothing. gether of all three and have a debate on important? Let’s not make a compari- The Democratic leader, who has now each, a ‘‘yes’’ or ‘‘no’’ vote on each, and son, but wouldn’t it do far more for the objected to the unanimous consent re- really make progress for those who are health of the American middle class quest to take up and pass a bill that he paying too much in drug prices. I await and working people than this bill? has called good and well-intentioned his working with me on that. Then we Let’s do them both, but we are not and has said is not large, has objected could bring all three bills to the floor. going to cherry-pick one unless the to it. I think the only people who I yield the floor. Senator from Texas walks across the would be rejoicing at this very moment The PRESIDING OFFICER. The Sen- aisle and joins us in saying: I want to would be the very same people who are ator from Texas. help you get a vote on eliminating pre- gaming the patent system and who are Mr. CORNYN. Mr. President, as al- existing condition prohibitions. I want keeping the out-of-pocket prices of pre- ways, I am happy to work with the to join you in seeing that Medicare can scription drugs high for seniors. Those Senator from New York on things on negotiate with the drug companies and are the people who are popping cham- which we find our interests aligned. greatly lower prices. pagne corks right now because this is Obviously, there are going to be things So, of course, I object. We Democrats nothing more than a big, wet kiss for on which we disagree. Frequently, believe we should bring a bill to the the people who are gaming the patent there are. Yet he and I have worked to- floor that has a debate and allows system right now to the detriment of gether on legislation on which we have amendments because there is so much the American people. been able to find enough common in- to be done here—not one small, de- Mr. SCHUMER. Will the Senator terest to be able to build a consensus cently put together and decently in- yield for a question? and get things done. They call that tended proposal but many more. We Mr. CORNYN. I yield to the Demo- ‘‘legislating’’ around here. know, if we allow our Republican cratic leader. There are other things that we friends to just pass their little bills, we Mr. SCHUMER. Would the Senator should be doing here on a bipartisan will never get the big picture done. support a unanimous consent request basis. For example, taking up and pass- That is how this place works. So let’s so that we could protect people with ing the appropriations bills, including come together and do it all. preexisting conditions, and would he the Defense appropriations bill, so our I object. support bringing that to the floor in U.S. military can remain the most The PRESIDING OFFICER. Objec- the same way? powerful, the best equipped, the best tion is heard. The PRESIDING OFFICER. The Sen- trained, and the best led military in The Senator from Texas. ator from Texas. the world. That is of overwhelming im- Mr. CORNYN. Mr. President, like the Mr. CORNYN. Mr. President, I would portance. Yet our colleagues on the minority leader, I hope we are able to say to my friend the Democratic leader other side have objected to and have pass a larger bipartisan package this that I support coverage for preexisting blocked, on at least two occasions, that

VerDate Sep 11 2014 00:08 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.013 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6524 CONGRESSIONAL RECORD — SENATE November 13, 2019 Defense appropriations bill. Now we ducting the first day of public hearings other terrible things to his country, have a short-term continuing resolu- in its impeachment inquiry into Presi- which was once a much more shining tion that expires this November 21. I dent Trump. example of democracy—and the Presi- am told or have read that there is like- The list of witnesses this week in- dent invites him here? Does the Presi- ly to be a follow-on continuing resolu- cludes several key figures with knowl- dent have no sense of value? Does the tion that takes us up to December 20, edge of the events in question. While President have no sense of morals? but that is important work, too, be- most of the witness requests from Does the President have no sense of cause none of us wants to see another House Republicans were non sequiturs, what affects American security? It is government shutdown. No one wins or individuals who would have no appalling. with government shutdowns. knowledge of the President’s actions AGRICULTURE This sort of gamesmanship that oc- nor of the allegations against him, Mr. President, on agriculture, a re- curs by blocking bills that should have three of the individuals requested by port issued yesterday by the Demo- support by overwhelming bipartisan the Republicans were agreed to and are cratic minority on the Committee on numbers in the Senate is important, slated to testify next week. The idea Agriculture, Nutrition, and Forestry too—things like paying the military, that the Republicans and the President shed new light on troubling disparities making sure that it maintains its read- have no due process and can’t call wit- as to how the Trump administration iness to fight and win the Nation’s nesses or influence the process is sim- has treated farmers through the De- wars, and even more importantly, mak- ply inaccurate. partment of Agriculture’s Market Fa- ing sure it keeps the peace. As the impeachment inquiry in the cilitation Program. I know the majority leader has a House begins a new phase today in its Farmers in need of Federal aid have challenge in trying to figure out how pursuit of the facts, we have a serious leaned on this program to offset losses to schedule legislation on the Senate responsibility here in the Senate not to that have been caused by retaliatory floor, but it certainly doesn’t help prejudge the case but to examine the foreign tariffs. In an industry in which when our Democratic colleagues re- evidence impartially. We have a re- margins are sometimes very thin, this peatedly object to things like appro- sponsibility to let all of the facts come support makes a real difference for priations bills and put us into this dys- out and, as they do, to keep an open struggling farmers across the country. function when it comes to paying the mind and let ourselves be ruled by rea- Yet, rather than helping those farmers Federal Government’s bills. son rather than by passion or partisan- who are the most in need, the Trump I would say to my friend from New ship. As public hearings in the House administration, through this program, York that I am always happy to work begin, we would do well to remember is picking winners and losers by using with him and with any other Member our constitutional duty to act as a flawed methodology to favor certain in the Senate, no matter what one’s po- judges and jurors in a potential trial regions over others and wealthy agri- litical party is and no matter what when and if it comes to one. That is cultural conglomerates over small one’s ideological persuasion is, because not to say we won’t even read the tran- farmers. I actually believe we were sent here to script, and that is not to say the vote The whole idea of the program is to solve problems and to get things done. would come out this way. Yet, as ju- help small farmers throughout the What I dislike and what I am dis- rors, we will be as dispassioned as each Middle West, particularly those farm- appointed about is the dysfunction of us can be. that we see in the U.S. Senate, where- ers with soybeans and corn and hogs. TURKEY AND SYRIA by, even though it is less than a year The bulk of the program went to five Mr. President, on another matter, before the election, politics have over- Southern States. Ninety-five percent of President Trump will roll out the red whelmed our ability to get things done. the top payments defined as $100 or carpet today for President Erdogan, of I came to the floor to say that maybe more per acre all went to counties in Turkey, as he visits the White House we can’t do all of this right now, today, Southern States. Where did the lowest after everything that has transpired but we can do this, and let’s build on it payments go? They went to the coun- over the last few months. This is after once we have gotten the bill passed. ties in the Midwest even though the I am disappointed that the Demo- President Trump green-lit Turkey’s Midwest has suffered greater losses cratic leader has seen fit to object to reckless and destabilizing invasion of overall. passing this bill that he himself called northern Syria, after Turkish troops Instead of coming up with a strategy good and well-intended and that is sup- and their proxies committed atrocities to help smaller and less established ported by organizations like the Amer- against civilians and the Syrian , farms, which are often more vulnerable ican Association of Retired Persons. I who are our former partners in the during tough economic times, the do not understand it, but maybe some- fight against ISIS, and after Erdogan Trump administration has doubled the body else does. Their saying that we cut a deal with our adversary President payment caps for row crops while hav- can’t do something because it doesn’t Putin and threatened our allies in Eu- ing left other caps in place. This will include everything we want to do here, rope with the release of ISIS’s detain- disproportionately funnel money to the right now, is disappointing to me, and ees. largest farms in America while it will I don’t think it is what the American The fact that President Trump will limit aid to smaller farms. people sent us here to do. reward President Erdogan with an Oval Most concerning, however, is that I yield the floor. Office meeting today is mind-boggling. our study shows the Trump adminis- The PRESIDING OFFICER. The The meeting will serve as a very public tration has awarded tens of millions in Democratic leader. example of how President Trump has purchase contracts to foreign-owned Mr. SCHUMER. Mr. President, I ask mismanaged the situation in Syria companies, including a large beef fac- unanimous consent to speak as in and, most importantly, how he has tory in Brazil. Instead of ensuring that morning business. complicated and slowed the effort to aid goes to American farmers, the The PRESIDING OFFICER. Without secure the enduring defeat of ISIS. It is Trump administration has been hand- objection, it is so ordered. ISIS that creates the greatest danger ing millions of taxpayer dollars to for- Mr. SCHUMER. Mr. President, I to our American homeland. As al-Qaida eign agribusinesses. thank my colleague for the inter- did before it, it will try to create huge This program was put together on change, and it will continue. We Demo- damage. We in New York know that the spur because the President was crats will not rest until we get votes, this can sometimes, unfortunately, worried about political effects with, simple votes—not bring the house occur. God forbid it happens again. particularly, soybean farmers but with down—on issues of great consequence Yet, holy mackerel, the President others, too, in the Middle West. Yet it with regard to drug prices and the has no plan for ISIS; detainees are es- was put together so poorly—in such a American people while the other side caping; and the Turks are far more slipshod and unthought-out manner— blocks them. upset with the Kurds, who have been on that cotton farmers do the best of all IMPEACHMENT our side with ISIS, than they are with even though their prices are not hurt- Mr. President, as we speak, the ISIS. Erdogan suppresses free speech, ing the way soybean or corn or hog House Intelligence Committee is con- arrests opponents, and does so many prices are.

VerDate Sep 11 2014 00:08 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.014 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6525 To my friends on the other side of funding it. It took a Freedom of Infor- Next, we heard from the largest phar- the aisle, the fiscal conservatives, we mation Act action to reveal that they macy benefit managers to examine re- need your voices. were cutting the money off for these bates and unravel the pricing supply If this program were going to the folks. chain. There was an awful lot of finger- urban areas or maybe to the poorer They went to Vietnam. Some of them pointing between the various interests people, we would hear an outcry from volunteered. Some of them were draft- about the soaring drug prices that certain Members on the other side, but ed. They got sick because of exposure Americans pay for pharmaceuticals. our farmers need the help too. When to Agent Orange, and the Trump ad- That finger-pointing, we heard in our you waste money on an ag program, ministration, which loves to have ral- committee. Finger-pointing doesn’t de- the people who are hurt the most are lies with veterans, cuts the money off crease drug prices because the real our smaller and family farmers, par- from them, saying that Mulvaney said problem is there is too much secrecy ticularly, in this case, in the Middle we couldn’t afford it. and not enough accountability in the West. These veterans could afford to risk industry of pricing drugs. For years, my Republican friends in their lives for us. We can afford to help When drug prices grow by leaps and this Chamber accused the Obama ad- them in their hour of need. I hope the bounds, year after year, it is time to ministration—unfairly, in my mind—of administration will reverse its deci- look under the hood. It is time to kick picking winners and losers in the mar- sion. the tires along the drug supply chain ket. It was one of their favorite talking I yield the floor. and check the gauge on the competi- points. Here, we have the Trump ad- f tion. Why in the world is insulin, just ministration literally picking winners as an example—a drug that has been on and losers among American farmers. RECESS the market for nearly 100 years—dou- Sometimes the winners are not even The PRESIDING OFFICER. Under bling or tripling in price for patients in American. Oftentimes, the losers are the United States? It is surely not that the small family farmers who need as- the previous order, the Senate stands in recess until 2 p.m. way in Europe. sistance the most. We have gotten lots of feedback from I am so glad that my Democrat col- Thereupon, the Senate, at 12:48 p.m., recessed until 2 p.m. and reassembled patient advocates, healthcare pro- leagues on the Agriculture, Nutrition, viders, and free market proponents. and Forestry Committee, especially when called to order by the Presiding Officer (Mr. PERDUE). The pushback from Big Pharma reveals Ranking Member STABENOW, have that we are really on to something. worked to inject some transparency f Congress needs to take its foot off the into the agriculture relief program. brake. It is time to deliver real sav- The Trump administration should be EXECUTIVE CALENDAR—Continued ings, and our bill will deliver real sav- using the Market Facilitation Program The PRESIDING OFFICER. The Sen- ings to consumers and to the tax- to help those farmers most in need—pe- ator from Iowa. payers. It is time to pass reforms that riod. The Trump administration needs Mr. GRASSLEY. Mr. President, I ask will cut prescription drug costs for the to stop picking winners and losers and unanimous consent that I have the make sure all American farmers get American people. right to yield to Senator COLLINS at Now, some of my colleagues may re- the help they deserve. the end of my remarks. quire a more blunt call to action so I VETERANS The PRESIDING OFFICER. Without want to use the two-by-four illustra- Mr. President, finally, on veterans— objection, it is so ordered. tion. Join us and score a win for the this is another one—when I look at PRESCRIPTION DRUG PRICING REDUCTION ACT American people. Otherwise, do noth- what this administration is doing, and Mr. GRASSLEY. Mr. President, polls ing and risk being on the losing side of if every American knew all these show a surprising interest of Ameri- the ballot box next November. things, Donald Trump wouldn’t stand a cans in the high cost of prescription At my annual 99 county meetings chance. This one, I hope, will get out. drugs. It seems to be an issue that where I always hold a Q&A with what- I talked a little bit about this yester- unites Americans. I often point out ever groups of constituents gather, I day. We all know that so many of our that Washington is an island sur- hear the same message from people all young men and women—my genera- rounded by reality. Here inside the across the State of Iowa. They have tion—went to Vietnam and risked their Beltway, people are obsessed with par- lives. Many of them gave their lives for family members and they have neigh- tisan impeachment proceedings. It bors who struggle to pay for prescrip- our country. One of the worst aspects seems like morning, noon, and night, of things is that they were not treated tion management, to manage chronic the relentless effort to unseat the as heroes when they came home. health conditions, and to treat dis- President of the United States is a I think America has made up for that eases. Thanks to breakthrough treat- now, but here is a way that we are not toxic strain of Potomac fever infecting ments and cures, Americans are living treating them well at all. Many of Capitol Hill. longer and healthier lives. them were exposed to Agent Orange, Now, if only Congress would channel Many are beating the odds of a diag- and it became clear that many got sick every waking minute to fix problems in nosis that would have been a death sen- from exposure to Agent Orange while the real world, wouldn’t that be won- tence a generation ago. However, if a fighting in Vietnam. derful? So let me provide a reality loved one is diagnosed with MS or dia- Well, what the VA has found is that check. For people living in the real betes or cystic fibrosis, no miracle cure certain illnesses are caused by expo- world, impeachment inquiry is not will help if Americans can’t afford to sure to Agent Orange, and they found what keeps Americans up at night. It is pay for their medicine. It will not help that there are four more illnesses that not what wakes up moms and dads wor- seniors if sky-high prices drain tax- have an Agent Orange link. But quietly ried sick about paying for their child’s payer-financed health programs like and secretly, the Trump administra- insulin. It is not what drains the pock- Medicare and Medicaid. Soaring drug tion denied payments to over 60,000 etbooks of seniors and takes a big bite prices are forcing too many Americans veterans who had these illnesses and out of people’s paychecks. The issue to skimp on other necessities or even who received emergency care at non- that unites Americans from Maine, to ration their doses of prescriptions that VA facilities in 2017. Iowa, to Oregon is the sky-high prices they take. It has missed deadlines to expand the that Americans and the taxpaying pub- Now, I just mentioned, as an exam- VA caregivers program to Vietnam and lic are paying for prescription medi- ple, cystic fibrosis. Last month, the Korean war veterans, and there are cine. FDA approved a promising new treat- some reports that the Trump VA hired As chairman of the Senate Finance ment for this progressive genetic dis- doctors on probation, but what is gall- Committee, I am working in a bipar- order. Cystic fibrosis impacts about ing at the moment is this Agent Or- tisan way to fix what is broken in our 30,000 Americans. There is nothing par- ange situation and hiding the report. drug supply chain. In February, we ents will not do to advocate for their Mulvaney, evidently, the Chief of called the heads of Big Pharma to tes- child living with this condition. That is Staff, just said quietly: We are not tify before the Finance Committee. how I met one family from Iowa a few

VerDate Sep 11 2014 00:08 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.015 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6526 CONGRESSIONAL RECORD — SENATE November 13, 2019 years ago. That is when I launched the The PRESIDING OFFICER. The Sen- lin for his 13-year-old son who has type bipartisan Senate caucus on cystic fi- ator from Maine. 1 diabetes had more than tripled to brosis, to add our voices for awareness Ms. COLLINS. Mr. President, let me more than $900. and advocacy. Now, I am told the price first thank and recognize Senator A woman from Falmouth, ME, saw tag for the new drug is more than GRASSLEY for his farsighted, coura- her out-of-pocket costs for the arthri- $300,000 per patient, per year. geous leadership on this issue of vital tis medication Enbrel that she needs Without a doubt, this drug raises the importance to the American people, soar from $10 to $3,800 per month when roof of hope for tens of thousands of the escalating costs of prescription she transitioned from her employer- families, but it also raises a red flag drugs. sponsored insurance to Medicare when about drug prices. If prices keep going Under Senator GRASSLEY’s chairman- she retired. She had no choice but to through the roof year after year, how ship, the Finance Committee has held switch medications, which did not will Americans who depend on prescrip- numerous hearings on drug pricing. His work nearly as well for her, but she tion medicines afford them? America’s diligence, his persistence on this issue simply could not afford that out-of- drug pricing regime is broken. It re- has produced the bipartisan Prescrip- pocket cost. quires reform to sustain fiscal sustain- tion Drug Price Reduction Act, a bold I will never forget standing in line at ability and also to steer incubation and and effective set of proposals that I the pharmacy counter in Bangor, ME, innovation forward. It needs more strongly endorse and look forward to where I live. The couple ahead of me transparency. It needs better incen- seeing signed into law. received their prescription drug and tives. It needs real competition to This past century could well be the unwelcome news that their pre- drive down prices. So all 100 of us have called the age of miracle drugs, from scription copay was going to be $111. our work cut out for us. insulin and penicillin to pharma- The husband turned to his wife and Big Pharma doesn’t want the pipeline ceuticals that treat cancer, HIV, heart said ‘‘Honey, we simply cannot afford to the Federal Treasury tightened at disease, and so many other serious con- that,’’ and they walked away, leaving all, and they will spend big money to ditions, modern drugs have been proven that needed prescription on the phar- scare people away from reasonable so- to improve, extend, and even save lives. macy counter. lutions that will deliver real savings In our time, however, we might define I asked the pharmacist: How often and get the best deal for the taxpayers. a miracle drug as one that has not dou- does this happen? I referred to our working in a bipar- bled in price since the last refill. With His answer: Every day. tisan way. So, in July, Ranking Mem- prescription drugs among the key fac- The results of exorbitant increases in ber WYDEN and I secured broad, bipar- tors driving up the cost of healthcare, the price of drugs are that needed pre- tisan support in our Finance Com- it is essential that we approve policies scriptions aren’t filled, doses are mittee—19 denying vote. that both encourage innovation and skipped, and pills are cut in half—all Our bill would save taxpayers more protect consumers, particularly our harmful to the patient’s health. And than $100 billion. That is not this Sen- why? Because the patient simply can- ate saying that. That is the Congres- seniors. Demonstrating the importance of not afford the exorbitant costs, the sional Budget Office. The bill caps out- this challenge, three Senate commit- skyrocketing costs of these drugs. of-pocket costs for seniors. The bill tees—the Senate Finance Committee, This should not happen. We must join saves their households more than $30 ably chaired by Senator GRASSLEY, together to combat the exorbitant pre- billion. We fine-tuned and improved scription costs that confront more and our bill to gain more momentum and which I mentioned earlier; the Senate more Americans every day. More than more support. Part of that support and HELP Committee, which is led by our half of all Americans and 90 percent of one of the outstanding advocates for friend and colleague Senator LAMAR our seniors take at least one prescrip- what we are trying to do doesn’t hap- ALEXANDER; and the Judiciary Com- pen to be a member of the Finance mittee, which is led by Senator GRA- tion drug each month. For many, ac- Committee, but it is my good friend HAM—have advanced bills aimed at re- cess to these medicines is not only crit- forming our broken drug pricing sys- ical to their well-being, but it can lit- from Maine, Senator COLLINS, right here on the floor. I will yield to her in tem. erally be a matter of life and death. short time. In addition, the Senate Aging Com- For children and adults with type 1 She is helping lead the fight to re- mittee, which I chair, has held eight diabetes, insulin is not a luxury or duce drug prices. We have been work- hearings on drug pricing since 2015 and something that is nice to have; insulin ing together on many issues. I am a issued a major report in 2016 on Sudden is essential to their ability to survive. former chairman of the Special Com- Price Spikes in Off-Patent Prescription Insulin was first isolated nearly a cen- mittee on Aging, and she is the current Drugs. Our report highlighted the ma- tury ago in Canada. Yet its cost has chair of the Special Committee on nipulative schemes employed by Mar- soared in recent years. Aging. We are committed to help older tin Shkreli, who increased the price of Another chairman in the Senate who Americans lead productive lives. We a drug that was more than 63 years has worked very hard on this issue, also share a top priority not to miss a old—a lifesaving medication—by 5,000 along with Senator GRASSLEY, is Sen- vote. While I might have a stronger percent in just 1 day. ator LAMAR ALEXANDER. He has made voting streak, SUSAN hasn’t missed a To paraphrase his words, he could it a strong priority of the HELP Com- single vote. I hope Maine appreciates a drive up the price of drugs like this one mittee, on which I serve, to increase person who has been in the Senate on which he had not spent a dime in transparency and competition in the since 1997 and hasn’t missed a single the research and development because prescription drug market. vote. he could. His price gouging caused real I don’t think there is any product Senator COLLINS is one of those rare hardships for patients. that we buy in this country where lawmakers who doesn’t care who gets Some of the most alarming testi- there is less transparency in the price the credit, as long as we are doing the mony we have heard on the Aging Com- than the price of prescription drugs right thing. The name of this bill that mittee has come from patients. They and where the supply chain is more rife I am talking about—and I imagine she describe the financial impact of their with conflicts of interest. will refer to—is the Prescription Drug prescription drug prices, the depths Last year, in response to my experi- Pricing Reduction Act. That will be they have gone to to access medica- ence listening to this couple in Bangor, the right thing to do, and it will do the tions they need, and how this struggle ME, I authored a bill to block phar- right thing. So it is time for Congress has affected their health and their macy gag clauses. Under these contrac- to do the right thing. overall quality of life. They are truly tual gag clauses, pharmacists were ac- Just in case I said anything different choosing between paying their electric tually prohibited from volunteering to about Senator COLLINS that is not ac- bill, buying the food they need, and a consumer that it might well be less curate, she can feel free to correct me, filling their prescription drugs. expensive to pay out-of-pocket rather but I now yield to Senator COLLINS, a An example is a young father from than use their insurance. A recent strong voice for this piece of legisla- New Gloucester, ME, who discovered study published by the Journal of the tion. that the cost of a 90-day supply of insu- American Medicine Association found

VerDate Sep 11 2014 00:08 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.017 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6527 that this new law could help Americans save seniors more than $30 billion in drugs. The required policy solutions save money in nearly one out of four out-of-pocket costs for their prescrip- will not come in the form of a miracle prescription transactions in a phar- tions. I strongly support this bill be- but through hard work and continued macy. cause it strikes the right balance be- bipartisan cooperation. Another bill I authored in 2017 to pro- tween reducing out-of-pocket costs for Let us come together. I urge all of mote more competition from lower consumers without hindering innova- my colleagues to join in supporting the price but equally effective generic tion and investment in the next life- measures we have worked so hard on drugs is also showing results. To date, saving medications. and that the HELP Committee, the Fi- the FDA has granted nearly 200 appli- The Finance Committee bill also nance Committee, and the Judiciary cation requests under the new expe- makes crucial improvements to Medi- Committee have all reported, on a bi- dited pathway established by this law, care Part D, such as protecting seniors partisan basis, recognizing the hard- with 12 approvals. That is a much fast- with an out-of-pocket spending cap— ships imposed on the American people. er pace than in the past. another long overdue change that Let us bring these bills to the Senate In June, the HELP Committee re- would ensure that patients with high- floor expeditiously. ported out the Lower Healthcare Costs cost conditions, such as cancer, mul- I yield the floor. Act, which incorporates more than 14 tiple sclerosis, and rheumatoid arthri- The PRESIDING OFFICER. The Sen- measures to increase drug price com- tis, can get the medications they need. ator from North Dakota. petition. I am pleased to say that it in- Furthermore, the bill would protect NATIONAL DEFENSE AUTHORIZATION ACT cludes major portions of the Biologic taxpayers from higher than inflation Mr. CRAMER. Mr. President, I come Patent Transparency Act that I au- increases in drug prices, while reducing down to the Chamber today to talk a thored with Senator KAINE, and that is government spending, premiums, and little bit and highlight the vast dif- cosponsored by Senators BRAUN, overall out-of-pocket costs. ferences in the priorities between the HAWLEY, PORTMAN, SHAHEEN, STABE- The Judiciary Committee has also two Chambers in the U.S. Congress NOW, PAUL, and MURKOWSKI. It is in- advanced proposals that would em- today. tended to prevent drug manufacturers power the Federal Trade Commission Several of my colleagues will be from gaming the patent system. It re- to take more aggressive action on anti- down here a little later today to talk quires earlier and greater disclosure of competitive behaviors. about and to encourage the passage of the web of patents held by biologic These are three worthwhile pieces of the National Defense Authorization manufacturers, thus making it easier legislation that should be brought to Act—a bill, by the way, that passed the for biosimilar competitors to develop the Senate floor. The work of the Fi- Senate in a very strong bipartisan way, more affordable alternatives without nance Committee, the HELP Com- reflective of strong bipartisan input, in being stymied by the filing of last- mittee, and the Judiciary Committee a vote of 86 to 8. The House also passed minute patents. is a tremendous breakthrough that their version of the National Defense According to former FDA Commis- would make such a difference to the Authorization Act on more of a party- sioner Scott Gottlieb, if all of the American people. line vote. biosimilars that have been approved by As we continue to find further con- The point being, both Chambers have the FDA were successfully marketed in sensus and a path forward on each of passed it; the reconciliation of the two the United States in a timely fashion, these bipartisan bills, I hope we can bills has begun; the negotiations have Americans would have saved more than also look for additional improvements. begun, but they have been stalled. I $4.5 billion in 2017. For example, as cochairs of the Senate think it is a strong reflection of the The fact that a biosimilar version of Diabetes Caucus, Senator SHAHEEN and differences between the two Chambers. HUMIRA—the best selling drug in the I, along with Senators CRAMER and First, I will talk a little bit about world—has been on the market in Eu- CARPER, have introduced legislation to why it is important that we do this job. rope for more than a year while Amer- address flaws in the system that have First of all, there have been 58 years in ican patients must wait until 2023 is a allowed pharmacy benefit managers a row that the NDAA has passed the clear example that the biosimilar mar- and manufacturers to implement what House and the Senate and signed into ket is not working as it should. are truly unscrupulous price increases law. Why? Well, because it is the high- The Lower Healthcare Costs Act also on lifesaving insulin. I also support a est priority of the government—of all includes the CREATES Act—a bill that measure introduced by Senators KLO- the bills we do every year, apart from I know Senator GRASSLEY has been BUCHAR and GRASSLEY to prohibit and very close to appropriations, would very involved in. It addresses the anti- brand-name drug companies from com- be authorization of our national de- competitive practices of companies pensating generic drug companies to fense programs. That is why it has hap- that delay or even block access to a delay the entry of a less costly but pened 58 years in a row. sufficient quantity of the brand-name equally effective generic into the mar- It is important for a number of rea- drug needed to conduct the bioequiva- ket. That is referred to as ‘‘pay for sons. One of the things that both the lency test required by the FDA as part delay.’’ I am amazed that it is not al- House version and the Senate version of the generic drug approval process. ready illegal under our anti-trust laws. of the NDAA does is highlight the im- This addresses one of the major prob- This bill would make it clear that this portance of space with the creation of lems identified by the Aging Com- tactic is no longer permitted. a Space Force, as we call it the Senate, mittee when we looked at this issue Congress has a tremendous oppor- and Space Corps, as they call it in the starting in 2016, examining the explo- tunity to deliver a decisive victory in House. Nonetheless, it is similar, and it sion in prices of prescription drugs for both lowering healthcare costs and im- represents and recognizes the impor- which there is no generic equivalent. I proving healthcare for the people in my tance of space domain as a warfighting am pleased that we are on the verge of State of Maine and throughout Amer- domain going forward, a priority that taking action to combat and stop this ica. If we want new medicines to reach our near-peer allies have already recog- unfair practice. consumers who need them, the compa- nized in their policies. The HELP Committee bill also re- nies that invest in research and take Without NDAA passing, that goes by quires significantly more disclosure on the risks necessary must see a fair re- the wayside for at least another year. the costs, fees, and rebate information turn on their investment, but at the It also fully funds several national pri- associated with PBM contracts; that is, same time, we can no longer allow the orities, not the least of which is, of prescription benefit managers. I know price manipulation and the market dis- course, the largest pay increase in 10 the Finance Committee bill does as tortions to continue at the expense of years for our men and women who wear well. the most vulnerable Americans and the uniform. As I mentioned previously, the Fi- their families and ultimately at the ex- On a more local level for me, it au- nance Committee passed the Prescrip- pense of every American taxpayer. thorizes the modernization of our nu- tion Drug Pricing Reduction Act— We can act to make a real difference clear fleet, including the ground-based landmark legislation that would save in the lives of Americans whose health missiles known as the ICBMs that we taxpayers more than $100 billion and depends on affordable prescription have 150 of in North Dakota at Minot.

VerDate Sep 11 2014 00:08 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.019 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6528 CONGRESSIONAL RECORD — SENATE November 13, 2019 It modernizes this system, which is military a win-win situation, where border security. According to a report several decades old. If we need any- they get the pay raises, where they get in , Mr. Wolf is the thing, we need to modernize our weap- the modernization they need, where favored pick of senior Trump adviser ons systems again to keep pace with new programs can be launched, and Stephen Miller to take over as Acting our near-peer adversaries. where we can provide long-term cer- Homeland Security Secretary. That It also authorizes millions of dollars tainty. should tell us about everything we in funds to the national Global Hawk While we are trying to provide at need to know. mission, which is headquartered in least a win for our military, Democrats Stephen Miller has been the lead ar- Grand Forks, another very important in the House are focused on trying to chitect of the White House’s immoral Air Force base in my State. It author- win the 2016 Presidential election, not and anti-immigration policies over the izes funds for the MQ–9 program. MQ–9s even thinking so much about the next last 3 years. The Senate should have are flown by North Dakota Air Na- one. They are involved in a kangaroo taken this vote as a reason to examine tional Guardsmen in Fargo’s Happy court over there. I watched a half hour how this administration has spent the Hooligans. It also advances the mission of it today, and I could hardly believe last 3 years flouting our Nation’s laws of the Cavalier Air Force Station in what I was seeing. Today’s political and our Nation’s values through its in- Cavalier, ND, one of the very few space theater in the House is unnecessary, tentional chaos at the Department of radar stations, and it ensures that the and 3 years into it, it is an outward Homeland Security. needs of all our Guard operations are demonstration of the inward motiva- We should do our jobs and give an met. tion of a party that is trying to undo honest accounting of this administra- The House bill, by the way, also does the Presidency of Donald Trump. tion’s inhumane and, frankly, ineffec- something that is very important to Instead of prioritizing our constitu- tive policies—policies, it should be me. It is a bill I have introduced, along tional responsibilities, they are en- said, that Mr. Wolf has been right in with my colleagues from New York, gaged in political theater in a kan- the middle of each step of the way. In- that honors the 74 sailors who lost garoo court. I am pleading, once again, stead, the Senate voted to confirm Mr. their lives in the Frank E. Evans 50 with my colleagues across the aisle and Wolf in this sham process to a position years ago during the Vietnam war. especially across the Capitol, in these we weren’t even sure he will serve in. These sailors’ names have been left off last couple of days, while the nego- This is shameful. the Vietnam Memorial Wall over a tiators are together trying to figure Now that the Senate has confirmed Mr. Wolf to the Under Secretary posi- minor technicality, a technicality that out a path forward, please come to the tion and as we anticipate Mr. Trump probably shouldn’t be in the rules to table, please act in good conscience. moving him into the Acting Secretary begin with, but certainly it has been Please, please, please look for opportu- role, I ask my colleagues to please con- waived in many other circumstances nities where we can compromise, and, sider his record. We know Mr. Wolf and needs to be waived in this NDAA. I for Pete’s sake, let’s at least pass the played a central role in authoring and would love to get that House language things we all agree on. implementing the family separation into the final bill. I yield the floor. policy. We don’t fully understand how None of these priorities are going to The PRESIDING OFFICER. The Sen- much he did to implement President be met if House Democrats—and I focus ator from New Mexico. Trump’s other harmful immigration on House Democrats—if they don’t Mr. HEINRICH. Mr. President, I ask policies because the Department of come to the table and act in good faith unanimous consent to speak as in Homeland Security has stonewalled and negotiate in good faith. Senate morning business. and refused to provide key documents Democrats have had a major part in The PRESIDING OFFICER. Without to the Senate on his tenure before we this, and I welcome every bit of in- objection, it is so ordered. took the vote this morning. NOMINATIONS volvement they provide. However, given his major role with One of the joys of being on the Armed Mr. HEINRICH. Mr. President, ear- Secretary Nielsen, it seems safe to as- Services Committee for me has been lier today, we were asked to vote on sume that Mr. Wolf was involved in being able to see a functioning com- the confirmation of Chad Wolf to serve many of the administration’s policy mittee that works well across party as the Under Secretary for Strategy, failures. Under these policies, thou- lines. Obviously, Senate Republicans Policy, and Plans at the Department of sands of children, as young as infants are all on board. House Republicans are Homeland Security. Mr. Wolf has been and toddlers, arriving at our Nation’s all on board. For some reason, the serving in that role on an acting basis southern border have been separated House leadership on the Democratic since February. from their families. We have seen mi- side is focused on other priorities, and Because of the way the Trump ad- grant families and children held in ap- the contrast could not be more clear. ministration functions, or fails to func- palling, overcrowded, some say While we have been working hard in tion, what we were really being asked prisonlike—I would say prison facili- the Senate on appropriations, as well to do today was to confirm Mr. Wolf to ties—immigration detention facilities as the Defense authorization, our a position so the President can then like those in Clint, TX, that we saw in chairman has used his voice—Chairman promote him to Acting DHS Secretary. the media. INHOFE—and used his incredible work This comes on top of most appointed The Trump administration has also ethic and his wisdom in working with positions at the agency going unfilled throttled major ports of entry where Senator REED, the ranking Democrat, or only filled with similarly temporary refugees present themselves for asylum on getting these priorities to the fore- acting roles. as is actually dictated by current U.S. front. I can’t think of a better tandem Before we all throw our hands up in law. This has resulted in huge groups than those two gentlemen. the air and simply add this vote to the going instead to remote and dangerous Chairman INHOFE is truly one of the growing list of broken norms and in- stretches of the southern border. We hardest working, most decent, and hon- competent actions on the part of the have tragically seen that result in the orable people I have ever worked with. Trump White House, I would like us to deaths of several children in New Mex- Chairman SMITH, the chairman in the consider what is at stake in this par- ico near some of our remote ports of House committee, could learn a few ticular case. I beg us to take seriously entry that lack even the most basic things from him. the human toll that has been incurred medical infrastructure. Again, while we passed the bill with because of this administration’s willful We have seen President Trump play overwhelming bipartisan support, the chaos at the Department of Homeland politics with the lives of thousands of House bill was a much more partisan Security. refugees and asylum seekers, mothers, exercise. We want to prevent a govern- The Department of Homeland Secu- fathers, and children who are des- ment shutdown. We want to prevent a rity is the Nation’s third largest Fed- perately seeking refuge and the pros- continuing resolution. So along with eral agency, behind only the Pentagon pect of a better life in this country. the NDAA, of course, is the Defense ap- and the VA. The agency oversees dis- We have seen the President even go propriations bill, and we have to get aster relief, transportation safety, so far as shutting down the govern- both of them done. We want to give our counterterrorism, and immigration and ment and stealing billions of dollars of

VerDate Sep 11 2014 03:54 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.021 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6529 congressionally appropriated funds American values, and I will keep call- DEFENSE APPROPRIATIONS from the military to pay for his waste- ing on Congress to uphold our end of Mr. SULLIVAN. Mr. President, we ful and candidly ineffective border the bargain and finally act to reform just celebrated Veterans Day here in wall. our broken immigration system. That the Senate, back home, and across our Finally, President Trump’s decision should start by passing the Dream Act. great country in the States that all of to terminate the Deferred Action for We also need to address the root us represent. Everybody was cele- Childhood Arrivals Program, or DACA, causes of migration from Central brating our troops, our military, and has thrown Dreamers across this coun- America, including extreme poverty, supporting their families. try deep into fear and uncertainty. The criminal gangs, and violence. We must You hear that word ‘‘support’’ a lot stakes of that decision have been make smart investments in real border when it comes to Veterans Day and our shown in oral arguments before the Su- security and economic development in military and their families, but I am preme Court this very week. our border communities. We need to going to talk a little bit about that Dreamers are among our best and provide the necessary medical and hu- rhetoric. That is great. Senators talk a brightest—our best and brightest stu- manitarian resources to our border re- lot. But that is very disconnected from dents, teachers, and even veterans. gion, particularly for the rugged, back- what actually is going on in the Senate They only know this Nation as their country terrain we have in my State. right now and what is happening in home in many cases, and today I am I will never stop fighting for policies terms of the action of supporting our meeting with a Dreamer named Sam- that respect the dignity of immigrants, troops. uel, who lives in Las Cruces, NM. recognize the real needs of our vibrant I came to the floor a couple of weeks Samuel came to the United States border communities, and live up to our ago to talk about this. I was pretty from Mexico with his family when he true American values. fired up. I am someone who is very col- was 11 years old. He has called Las Unfortunately, I don’t think we will legial with my colleagues on both sides Cruces his hometown for the last 13 ever have a productive path forward on of the aisle, but the one thing I have years. As a DACA recipient, Samuel any of these urgent matters with this noticed is that there is talk on sup- was able to study accounting at New President and his administration. That porting troops and then there is action. Mexico State University and help pro- is true no matter who President Trump The rhetoric, particularly with my col- vide for his family. ultimately shuffles into the role of leagues on the other side of the aisle, Dreamers like Samuel want to give Acting Homeland Security Secretary, doesn’t always match what is actually back to their communities and the but it is especially true if the President happening. I would like to explain to my con- only Nation they know as home. They chooses Chad Wolf. stituents at home, the American peo- are American in every way except on When Senator ROSEN questioned Mr. ple, and anyone watching what is hap- paper, and because of President Trump, Wolf in the Homeland Security and pening right now with regard to sup- Dreamers like Samuel face a deeply Governmental Affairs Committee porting our troops—the action, not fearful future. about the role he played in family sep- rhetoric—the action. Two weeks ago, Whenever we debate immigration, aration and other cruel immigration my colleagues on the other side of the frankly, it becomes a little personal for policies, Mr. Wolf said: ‘‘My job wasn’t aisle filibustered the Defense appro- me, and that is because, like most—all to determine if it was the right or priations bill. That is the bill that of us in this Nation of immigrants—my wrong policy.’’ In other words, folks, funds our troops. We had a big budget family’s story in America began with a he was just following orders. search for a better life. My father came deal. We all agreed to it. I think it is clear that the Trump ad- It is hard to vote for it. I voted for it to the United States with his family ministration has shown an appalling because it actually supports rebuilding from Germany as a young boy. They disregard for basic human dignity. Now our military pretty significantly after were fleeing the government of a rac- the Senate has confirmed someone who the Obama-era cuts. I voted for that. ist, populist dictator who was first will simply rubberstamp the continued We are starting to bring up these elected democratically and then used failures of this administration. minibus appropriations. We had one a race and scapegoating to cement his I should also note that the current couple of weeks ago. We debated and grip on power. I always wonder how dif- pending vote on the floor is for a judi- voted on it. The plan was to bring up ferent my own life would be if America cial nominee, Steven Menashi, who has the Defense approps bill. What did my had turned my father away or sepa- also played a role in the administra- colleagues on the other side of the aisle rated him from his family. tion’s shameful immigration policies. do? They filibustered it. It was the This is not some abstract question As a counsel in the Trump administra- ninth time since I have been in the for the mothers, fathers, and children tion, Mr. Menashi has acknowledged Senate that my colleagues decided to who are desperately seeking refuge and that he advised Stephen Miller on im- filibuster the spending for our troops. the prospect of a better life in America migration policy, and he has a long There is no other bill in the body of the today. I know that so many Americans record of opposing the basic human and Senate that the Democrats filibuster watching this administration’s immi- civil rights of people of color, women, more than the bill that funds our gration policies know in their hearts LGBTQ Americans, and immigrants. troops. They don’t want you to know what America truly stands for as a na- As the general counsel at the Depart- that. They don’t go home and brag tion built by many generations of im- ment of Education under Betsy DeVos, about it because they should be migrants like my father. That includes he played a leading role in trying to ashamed about it, but that is what local officials, first responders, and deny debt relief to students defrauded they did. volunteers in communities like by for-profit colleges. Despite this budget deal and despite Deming, Las Cruces, and Albuquerque, I can’t believe that we as the Senate all of this great support for our troops, NM, who over the last year provided can allow these types of appointments right now, my colleagues, for the ninth shelter, food, and help to asylum seek- to keep going forward. We should not time since I have been a Senator, ers who had nowhere else to turn. It in- let this go on. This is not who we are which is 5 years—nine times they fili- cludes the thousands of Americans who as a country, and this is not the Amer- bustered the spending for the men and marched in the streets and demanded ica that I know and love. women who serve in the military. I ask an end to family separation, and it in- I suggest the absence of a quorum. the leaders to come out and explain cludes millions of Americans who want The PRESIDING OFFICER. The that to the American people. Explain our leaders in Washington to finally af- clerk will call the roll. that to the press. Explain that to the firm the incredible value that immi- The senior assistant legislative clerk people watching on TV. They don’t. I grants provide for our country. proceeded to call the roll. think most of my colleagues don’t I want all of you to know that I stand Mr. SULLIVAN. Mr. President, I ask want to do it, but they are told to do it with you. You are on the right and just unanimous consent that the order for because their leadership wants another side of history. the quorum call be rescinded. priority. That is what is happening. I will keep calling on us to hold this The PRESIDING OFFICER. Without They talk about supporting our administration accountable to our objection, it is so ordered. troops, but then the action is that we

VerDate Sep 11 2014 00:08 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.022 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6530 CONGRESSIONAL RECORD — SENATE November 13, 2019 are actually not supporting our troops Russia, China, North Korea, or Iran—as healthcare, but while my friend from at all. We are keeping funding away they are watching the stalemate on the Alaska is on the floor, I hope we can from them because we are trying to le- NDAA, they are very pleased. bridge the policy disagreements we verage the desire to support our mili- This is something we need to come have right now over the Defense appro- tary and a Defense appropriations bill together and address. I am asking the priations bill, the appropriations proc- for other political goals. This has hap- chairman of the Armed Services Com- ess and the authorization bill. pened nine times. mittee over on the House side, Chair- I have been in Congress long enough There is no other bill since I have man ADAM SMITH, and others to work to have heard this argument be trotted been elected to the Senate that my col- with the Senate, work with Chairman out over and over again that if you leagues on the other side of the aisle INHOFE, work with Senator REED on vote against a defense bill, then you filibuster more. When they want lever- getting to the compromises we all aren’t supporting the troops, even if age on a nonmilitary issue, they fili- know we need to move this bill for the you have a legitimate policy disagree- buster spending for the troops. I would fifth year in a row to support our mili- ment you are trying to work out. I welcome some of my colleagues to tary. We think that should be based on have heard that enough to know that it come and explain why they do that. the Senate bill. just doesn’t match up with reality. That is one issue. When you have 86 Senators vote for I was told that because I opposed the Another issue is not my colleagues in something—a superbipartisan major- Iraq war, I didn’t support the troops. the Senate, but it is certainly the ity—that should be the basis for com- People in the 1970s were told that if Democrats on the other side of Capitol promise. But it is stalled. The chair- they didn’t support the Vietnam war, Hill. We are now debating the National man of the Armed Services Committee, they were opposing the troops. The fact Defense Authorization Act—the NDAA, Chairman INHOFE, has done a great job. is, we have a legitimate policy dis- as we call it. This is the heartbeat of He is a very patient man. He and Sen- agreement that we are trying to figure the Congress. Why? It has passed this ator REED, the ranking member on the out. Democrats don’t think we should body 58 years in a row. That is the clos- Armed Services Committee, are frus- be taking money from defense con- est thing we have to a guarantee in trated. We are frustrated. The troops struction projects that are housing and this body. Members—Democrats and are frustrated. We don’t have much protecting our troops to be used to Republicans—come together, and we time to waste. build a border wall with Mexico that set forward—coming out of the Armed Again, I would like to conclude by doesn’t do anything, in our opinion, to Services Committee, on which I sit— saying that there is a lot of rhetoric protect the United States compared to the NDAA, which oversees, reforms, here. There is a lot of rhetoric about the benefit of the spending on military and authorizes important programs for supporting our troops. But what we construction projects. We think that, our national defense and sets spending need is action. By the way, I think a ultimately, we are serving our troops authorization for the entire military. lot of times my colleagues are like, by making sure those military con- Again, this process is normally very bi- well, you know the men and women in struction projects get funded instead of partisan, and it has been and continues the military are not really watching this wall that doesn’t make sense if not to be in the Senate. this. They don’t really know that my for the President’s campaign speeches. I give Chairman INHOFE, the chair- colleagues on the other side of the aisle So we have some policy disagree- man of the Armed Services Committee, have filibustered the funding for what ments over the budget. I would hope my good friend from Oklahoma, and they need nine times in the last 41⁄2 that my colleagues wouldn’t try to use Senator REED from , the years—nine times. It is disgraceful, in this tired argument that if anyone here ranking member, enormous credit for my view. People think, well, they are ever votes against a defense budget, getting a bill that came out of com- not really watching what is going on then they somehow are opposing the mittee 25 to 2. That is very bipartisan. with the NDAA, how the extreme ele- troops. That is just irresponsible and Then, when it came to the Senate ments of the Democratic Party and the disingenuous rhetoric. floor, it was 86 to 8. OK. That is the House side are making sure there is no HEALTHCARE Senate saying: Hey, this is really im- compromise so that we can’t move this Mr. President, I am here to talk portant. We are going to take care of bill. Guess what. They are watching. about a few patients from Connecticut. our military. We are going to lay out They know this. We on the Democratic side are trying the policies and the topline numbers When they don’t get support from the to put a face to this campaign that the for rebuilding our military after the Congress of the United States, it is a President is engaged in to try to weak- massive cuts from 2010 to 2015. So that problem for our military, not just in en and ultimately eliminate the Af- is positive. terms of the resources they need but in fordable Care Act. Right now there is a Why am I complaining about it? terms of morale. I am going to ask my court case proceeding through the ap- Well, that bill right now on the House colleagues on both sides of the aisle: pellate courts that, if successful, would side, as we have gone into conference, The next time you go home and give immediately end the Affordable Care is stuck. It is stuck. Many of the more speeches about supporting our troops, Act, which provides insurance to 20 extreme Members on the House side, supporting our families, do me a favor. million Americans and makes sure that who really aren’t big supporters of the Don’t come back to this body and fili- everybody in this country with a pre- military—let’s call a spade a spade— buster their spending or, for the Mem- existing condition doesn’t get charged are now not allowing us to move for- bers of the House, don’t stake out such more. The President has weighed in on ward on any kind of compromise in the obstinate positions that you know behalf of that lawsuit. He hopes it will broader NDAA as we move into con- there is going to be no compromise on succeed. ference. an NDAA bill that is really important If it does succeed, we are going to There are provisions that are very to our military and has strong bipar- have a humanitarian catastrophe in important to the military that this tisan support in this body. this country if 20 million people lose body strongly supported in a bipartisan I know some of my other colleagues their insurance and, once again, insur- way, but right now, because of what is are going to be on the floor talking ance companies are allowed to charge going on in the House—the leadership about this NDAA issue, talking about you more if you have a sickness or a in the House, which seems to be a lot the Defense appropriations issue. sick child. We want to make sure we more focused on other issues and not Again, let’s match the rhetoric we all put a face on who is going to be af- the national security of our Nation, is talked about with regard to Veterans fected if President Trump’s sabotage not moving forward on any com- Day—about supporting our troops— campaign against the Affordable Care promise. Who does this benefit? Well, it with action on the floor, not just hot Act succeeds. certainly doesn’t help our troops. It air and words. I know my colleagues have remarks certainly doesn’t help our military. It The PRESIDING OFFICER (Mr. COT- and are lined up to speak, so let me be certainly doesn’t help their families. I TON). The Senator from Connecticut. as brief as I can. I want to tell you the can guarantee you, whether it is our Mr. MURPHY. Mr. President, I am story of just a couple of patients from adversaries or potential adversaries— here to speak about the topic of Connecticut. I am going to cheat and

VerDate Sep 11 2014 00:08 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.024 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6531 make this ‘‘Patients of the Day.’’ Mr. BLUNT. Mr. President, on that The only way you can be sure they These are folks who reached out to my topic, of course, all Members of the will have those advantages is to have office to tell me their story. Senate have said they are preserving the training dollars, to have the equip- Jason is from South Windsor, CT. He the coverage of preexisting conditions. ment dollars, and to have the command says: It is sort of like the same speech our structure that allows that to happen. I am 54 years old and I have been pur- friend from Connecticut said he was For 59 straight years, the Senate has chasing insurance since I entered the work- tired of hearing about supporting the passed the National Defense Authoriza- force at 22 years old. I have arthritis that is troops when you don’t do everything tion Act. This is the act that defines manageable with medication. Without that you can to pass the Defense bill. It is what Congress believes should be the medication and care from my physician, I at least as old as that—maybe older— would not be able to function. I would have guiding principles for the military for difficulty with simple tasks like walking and and often as tiring. that year—the places in which money shaking hands. NATIONAL DEFENSE AUTHORIZATION ACT should be invested, the equipment that There is no question that I rely on my in- Mr. President, in the shadow of Vet- should be bought, and the other surance. If I were denied coverage because of erans Day, we are here on our side of changes that need to be made. my preexisting condition, it would be dev- the aisle to talk about why we are not The other bill we passed is the appro- astating. doing what we need to be doing to fund priations bill that takes that author- Jason is one of the tens of millions of the military. In my following Senator ization bill and really puts the money Americans who, without the protec- SULLIVAN, there are multiple DAN SUL- by it that allows it to happen. For 59 tions from the Affordable Care Act, LIVANs who are in politics in Alaska. straight years, it is the only authoriza- would likely not be able to get insur- The first time Senator DAN SULLIVAN tion act we have passed every year. I ance. He is perhaps months away from was on my radar, how could I tell them think we could have a really good de- that reality. apart? This one is Afghan Dan. There is bate as to why it is the most important Lisa, from New Britain, writes on be- Afghan Dan because he was willing to of what we do and is the most impor- half of her grandkids. Because some serve just like the Presiding Officer tant thing the Federal Government young kids can’t speak for themselves, was willing to leave law school and not does. We have done it, but we can’t their parents and grandparents speak go to the JAG Corps but to go to the seem to get it done this year. The bill for them. Lisa is the proud grand- Active, fighting forces of the country. that will have the biggest pay raise in mother of two little girls who were We are grateful for that. Both of them a decade for the people in the military born with cystic fibrosis. She worried speak with authority on these issues, has somehow been negotiated since, that if her son ever had to switch jobs but the whole Senate and the whole roughly, June 27 of this year. It should and change insurance plans or if the Congress would have a chance to speak have been a 1-week effort, not a weeks’ preexisting condition clause was struck with authority on these issues if we and months’ effort. When somebody is down by the courts, he would be denied would just decide to do our jobs. assigned to a new base, this bill will coverage because of their preexisting The way communities decide they have the money in it to encourage condition. She says: are going to honor Veterans Day, I spouses to go to work and do what they The girls are doing so well and thriving think, is unique among them. I had a do as quickly as they can possibly do it with the current treatment and medicine couple of events scheduled on Monday. they are on. People with cystic fibrosis are by the bill’s facilitating and expediting One was in Hartville, MO. Those in State certification. now living longer than ever because of medi- Hartville were creating a wall of people cine available to them. We’ve worked so hard over the history of the country who In January, we had our first military in keeping them healthy. If this policy of al- died in service. If you are in elemen- spouse sworn in as a member of the lowing insurance companies to deny people Missouri bar. Her husband had come to with preexisting conditions or capping life- tary school in Hartville today and you look at that wall, I am confident you take a command position at Fort Leon- time maximums is allowed, you would be ard Wood. During the first week she taking the lives of our family members. will see some of the same last names of was in Missouri, she was able to be Finally, Giuseppina, who is a con- the kids in your school. I was at a high school event in sworn in to the Missouri bar and go to cerned sister in Bridgeport writes: work. Whether as a therapist, a teach- My youngest brother was born 2.5 months Camdenton at which we had about 20 World War II veterans on the stage. I er, a truckdriver, an electrician, an en- premature in 1977. He spent two months in gineer, or a welder, if you have those the hospital and reached his lifetime limit represent 500,000 veterans. My guess is from my father’s employer-provided insur- the chances of finding 20 in 1 county in skills and if you have followed your ance before he left the hospital! In January 1 State is fairly hard to do these days, spouse to a new assignment, we should of 1978, he was diagnosed with hydrocephalus but they were all there. We were also make that a top priority. due to underdevelopment or birth trauma. talking about the beginning of a new That is what happens in this bill. It Due to the massive medical debt accrued Junior ROTC Program at that high supports the readiness center in from his multiple surgeries and hospital Springfield, MO. It supports the vehicle stays, my family had to receive public assist- school that will start in January. ance. . . . My father used to cry when he There are 82 high school students who maintenance facility at Whiteman Air went food shopping. are signed up to be part of that Junior Force Base and the C–130 flight simu- I want you to remember that reality. ROTC Program, which they have spent lator facility at the Rosecrans Air Na- Remember the reality of millions of 10 years trying to put in place. tional Guard Base. As a Senate, we de- families who went bankrupt, who lost For those who have served and for cided all of those things needed to hap- all their savings, who went on public those who are willing to serve, the one pen. Now we need to decide as a Senate assistance because they had massive thing we can do in Congress is to pass and a Congress how to make them hap- medical debt due to the fact that they the two pieces of legislation that are pen. Whether they be 24 F/A–18 Super lost coverage because of a preexisting necessary to support that service. Un- Hornets that the Navy wants that will condition or lifetime or annual caps. like in World War II and unlike in be built in St. Louis, MO, or 15 F–15s All of that can come back if the Af- many past conflicts, fewer than one- for the Air Force, these things will not fordable Care Act is struck down. It is half of 1 percent of the population happen unless they are authorized. important for us to come down to the today serves in the military. The other Let’s get them authorized. Let’s appro- floor and remind folks about the 99.5 percent needs to stand up and do priate the money. We are already human face of healthcare repeal and what it can to be sure our military is weeks late. We don’t need to be months the consequences if we don’t stand to- the best supported military in the late. It is better to have the money the gether and at least try to make a plan world. We never want an American sol- day you are supposed to have it if you for what will happen if the lawsuit is dier, sailor, airman, marine, or a per- are going to spend it as wisely as we successful and the Affordable Care Act son in the Coast Guard, in the National would hope you would be able to spend is struck down by the court system. Guard, or in the Reserves to be in a fair it. I yield the floor. fight. We always want them to be in an I join my colleagues and, I know, the The PRESIDING OFFICER. The Sen- unfair fight, wherein they have advan- Presiding Officer in saying we need to ator from Missouri. tages in that fight. get this work done. It is critical. It is

VerDate Sep 11 2014 01:26 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.025 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6532 CONGRESSIONAL RECORD — SENATE November 13, 2019 a priority. I am glad to join my col- and if you are a lawyer or a nurse or a are really not even related to our mili- leagues on the floor in fighting for teacher or any of the other hundreds of tary. I urge them to make the hard those who fight for us. jobs that require an occupational li- compromises necessary in order to pass The PRESIDING OFFICER (Mr. cense in this country, you face barriers this bill and give our troops what they PERDUE). The Senator from Arkansas. to working and putting food on the need. Mr. COTTON. Mr. President, I join table for your family. This bill would I yield the floor. the Senator from Missouri, the Senator allow military spouses to continue to I suggest the absence of a quorum. from Alaska, and the other Senators in pursue their careers uninterrupted, The PRESIDING OFFICER. The calling for the passage of the National which would therefore allow their mili- clerk will call the roll. Defense Authorization Act. tary servicemembers to focus on their The legislative clerk proceeded to This bill is the last of a breed. It is a own missions and not worry about call the roll. bill we have passed with a large bipar- their spouses’ jobs. Mr. PERDUE. Mr. President, I ask tisan majority in Congress every single There is also our legislation to honor unanimous consent that the order for year for 58 straight years. It hasn’t the 241 American victims of the Beirut the quorum call be rescinded. been derailed by petty, partisan poli- marine barracks bombing that was per- The PRESIDING OFFICER (Mr. COT- tics or grievances between the parties. petrated by an Iranian suicide bomber TON). Without objection, it is so or- It has gotten large bipartisan majori- 36 years ago last month. The Defense dered. ties because Congress has understood bill would designate the anniversary of Mr. PERDUE. Mr. President, the that for those 58 years, the national de- that bombing as a national day of re- world is more dangerous today than at fense must come before politics. It is membrance and strengthen our resolve any time in my lifetime. We face five the definition of a must-pass act, but to fight the terrorist forces that car- threats across five domains: China, time is short to get it right, unfortu- ried it out and that threaten our secu- Russia, Iran, North Korea, and ter- nately, because of those very kinds of rity to this day. rorism. The domains have gotten very petty, partisan politics. There is also the opportunity to complicated—air, land, sea. Now we This bill is an opportunity for us to strengthen trade restrictions on have to deal with cyber and space. continue rebuilding our military after Huawei by including in the Defense bill But in that background, three times 8 years of stagnation and cuts by the the Defending America’s 5G Future over the last 50 years, this government, last administration. The bill would in- Act. Huawei is the eyes and ears over- under the leadership of three different crease funding to our troops by $22 bil- seas of the Communist Party of China, Presidents, has disinvested its military lion—money that would be spent on so we must deny it access to our sen- significantly—under President Carter, cutting-edge technologies, like new sitive networks and the networks of under President Clinton, and indeed vertical-lift jet engines, to give our our allies. There are 91 Senators who under President Obama. They cut the troops an edge in future conflicts. voted to instruct the conference com- military by 25 percent at least in each This kind of investment is essential, mittee to include that legislation in one of those administrations. especially as storm clouds brew in the the Defense bill. They still hope it will The last one was extremely draco- Western Pacific from a rising China. be included, but, first, we will have to nian. We saw the impact of that on our The Communist Party of China is not pass the Defense bill. If we don’t, then readiness, the fact that our moderniza- derailed by petty, partisan politics; China’s spy company stands to gain. tion program had been killed, and we therefore, it is investing huge sums to This is far from an exhaustive list of found ourselves falling behind what we transform its military into a world- the reforms that are or could be in- ought to now call near-peer competi- class force that will be capable of rival- cluded in this year’s Defense bill. It is tors. I would say they are peer com- ing and, it hopes, ultimately, of defeat- just a sample of the many valuable and petitors now. When you look at the ing our own military. At the same bipartisan measures that are under money China is spending on their mili- time, China is pursuing an aggressive consideration. They also underscore tary, when adjusted for purchasing technology strategy to dominate the the importance of passing the Defense power parity, it is exactly the same as next generation of military hardware. bill in the first place. we are spending. And they don’t have Beijing’s ultimate goal, of course, is to Consider the alternative to passing the regulatory overhang and they don’t replace us not just as the most power- the National Defense Authorization have the legacy costs we have here in ful country in the Western Pacific but Act—that being a terrible stopgap the United States, so they can get in the entire world. So we must invest spending measure that would include things done quicker and cheaper. In the in our military right now or else we zero reforms and that would degrade, meantime, the world continues to be- will reap that whirlwind in the future. even as we face rising threats from come very dangerous. There are many other important China and Russia every day, the fight- Yet here we are in the second month measures that have been included in ing capability of our military. A stop- of our fiscal year under a continuing this year’s Defense bill that will not gap spending measure would freeze de- resolution. As we now are becoming pass—that will not even see the light of fense spending at last year’s levels. educated about, this is devastating our day—on the Senate floor if we fail to That is not to say that business would military and has been. This is the 187th pass the bill. go on as usual. No. Inflation would con- time since the 1974 Budget Act was put There is the Fentanyl Sanctions Act, tinue to erode the purchasing power of into place that we have executed a con- which is my bipartisan legislation, last year’s funding levels, and the mili- tinuing resolution. It sounds really that would crack down on foreign tary would have to tear up and renego- easy. Well, we can’t get agreement on criminals—mostly Chinese—who smug- tiate many of its multiyear contracts how much to spend for the next year, gle deadly poisons across our border. with defense companies. Renegotiating so we will just keep spending at the Synthetic opioids kill tens of thou- those contracts would cost billions in same level. Some businesses do that, sands of Americans every year, and administrative expenses that would but in this case with the U.S. military, that toll will continue to rise if we otherwise go to the pay and benefits of it is devastating because it locks them don’t start to bust up the criminal net- our fighting men and women, to a new into existing programs. works that originate in China and then aircraft, to new ships, to new guns, or For example, we did an audit last come through Mexico to poison our to new munitions. This so-called spend- year. It was the first audit in the his- communities. Let’s pass the Defense ing freeze would, in fact, cost tax- tory of the United States of the De- bill to give law enforcement the tools payers an arm and a leg. partment of Defense—the third largest of the Fentanyl Sanctions Act. This is all the more reason for Con- line item on our expense sheet. We did There is also the PCS Act, which is gress to act, once again, to pass the an audit. In that audit was found and my legislation that would help mili- National Defense Authorization Act, as identified by the Department of De- tary spouses transfer their occupa- we have for 58 years, without being di- fense $4 billion of obsolete programs tional licenses across State lines. When vided by petty, partisan politics. that nobody really wanted to keep and your husband or your wife is in the I urge my colleagues to put aside continue spending on—$4 billion a year. military, you follow his or her career, their partisan objections on issues that So right now, under this continuing

VerDate Sep 11 2014 01:26 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.026 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6533 resolution, not only are we not able to modern fight. We can’t rebuild our nu- ultimately about finding the best solu- give a 3.5-percent pay raise—the larg- clear triad, which is in absolutely crit- tion that supports our men and women est in 10 years—to our military, not ical shape. We can’t seem to get at our in uniform, but we have to be willing only are we not able to improve their readiness right now because of the lock to compromise and find consensus. We housing, but right now we are obliged we have, under this continuing resolu- cannot resort to political to keep spending $4 billion a year on tion, on the existing contracts out brinksmanship. obsolete programs that the Defense De- there. As was just mentioned a few As the chairman said last week and partment doesn’t even want. This is lu- minutes ago, we have to go in and re- as some of my colleagues have men- dicrous. negotiate all these contracts. tioned here today, we are running out Right now, I would say we are in Last year was the first time we did of time. It is essential that our col- gridlock. We had 88 votes here in this not have a continuing resolution, and leagues in the House come to the table Senate where we voted to approve the there was such a sigh of relief inside to pass the fiscal year 2020 NDAA. National Defense Authorization Act our military because it was the first We live in a rapidly changing world several weeks ago—very bipartisan, ne- time in a long time—over a decade— and unfortunately one that contains a gotiating in committee. I was on the that they didn’t have that for the first growing number of threats and chal- Armed Services Committee, and we quarter of the year. lenges that our military must face took this very seriously. We debated, This is devastating. It has become head-on. These threats demand that we and it was a definite fight, but we habit, and we have to stop it. It is abso- be ready, and our military can effec- reached compromise. We reached bipar- lutely insidious. It is killing our mili- tively confront those threats only if we tisan agreement to support and defend tary and keeping us from doing the provide our servicemembers with the our military and to make sure they are things that both sides want to do be- support they need to execute the mis- able to do the things they want to do cause of petty politics. sions, defeat the enemies of freedom, to make us competitive and defend our We need to modernize our force, and and safeguard the Nation. country. Yet here we are, 6 weeks into we need to do it right now. This NDAA Providing for the common defense is this fiscal year, and we still don’t have allows us to do that. We need to ration- the highest responsibility this body this year funded. We are under a con- alize our expenditures to make sure has, and that is why it is so essential tinuing resolution that devastates the that every time we are spending on our that we pass this legislation in a time- military. For six decades—58 years— military, it is exactly what we should ly manner. each year we have been able to do that. be spending it on. As I said before, for 58 years the Yet, this year, we can’t seem to come We have a Volunteer Force, and we NDAA has been the subject of a bipar- to an agreement because the House and can never take that for granted. We tisan consensus in Congress despite all the Senate can’t get together in con- have to take care of our people in uni- of our other disagreements. No matter ference and agree on exactly what it is form wherever they are in the world. what other issues arise, the one area in they want to do. That means working on their mental which we must forge agreement is in That is all window dressing. It is no health, their physical health, and their authorizing the resources our men and more complicated than this: The housing. women in uniform need. Democratic brethren in this body and I come from a State that has nine Time and again, we have heard from in the House simply do not want to military installations. We take na- our senior military leaders that their allow this President to spend another tional defense very seriously in Geor- greatest obstacle is budget uncertainty dime on building a wall around our gia and always have. and unpredictable funding. If we do not southern border. People are concerned that this grid- come together and pass this year’s Let’s put this in perspective. First of lock is endangering our country. It is NDAA soon, we are at risk of damaging all, we have seen on this floor just in time that we get together, pass this our military capabilities and jeopard- the last 2 hours two different com- NDAA, move on the appropriations izing our ability to confront threats ments: Well, we all know that building bill, and get this done. People back from China, Russia, and other malign a border wall doesn’t really work. It home are watching, the people in our actors. doesn’t change anything. military are watching, and more im- It is essential that we work swiftly Well, that is absolute propaganda. portantly, our potential adversaries to secure an agreement so that we do Barack Obama built 135 miles of wall. are watching. not fail to provide the Department of This body approved that. And wherever I yield the floor. Defense with the predictable funding that wall was built, illegal crossings at The PRESIDING OFFICER. The Sen- they need. We must do our part and the southern border went down 95 per- ator from Nebraska. honor the service of all our men and cent. That is not propaganda; that is Mrs. FISCHER. Mr. President, I want women in uniform by moving this proc- fact. It is another example of the ob- to join my colleagues today and speak ess forward and passing the fiscal year structionism we have been witnessing on the importance of passing the fiscal 2020 National Defense Authorization here since the day this President was year 2020 Defense authorization bill. Act. sworn in. As others have mentioned, the proc- I yield the floor. On Inauguration Day, January 20, ess of negotiating the national defense The PRESIDING OFFICER. The Sen- 2017, the headline of the Washington bill is one that has a long history on ator from North Carolina. Post was ‘‘The campaign to impeach Capitol Hill. For the past 58 years, the Mr. TILLIS. Mr. President, first, I President Trump has begun.’’ Since Congress has found a way to come to- want to thank Senator FISCHER for all day one, they have been obstructing gether and unite behind a bipartisan of her work on the Senate Armed Serv- this President. We saw that in the con- bill that supports our servicemembers ices Committee and in so many other firmation process here. For the first and enables the defense of this Nation. areas. I am here to talk about the same time in 230 years, we saw the minority We must continue this tradition, and subject, the National Defense Author- party not waive the 30-hour debate rule that means recommitting to the prin- ization Act. and allow this President to get his ciples of bipartisanship and com- It may be difficult to understand the nominees confirmed. It has been the promise upon which it is built. difference between appropriating and slowest ever. Thanks in large part to the hard authorizing. We have two different So we sit here today not being able work and the leadership of Chairman sorts of committees here. One focuses to build the space force that both sides JIM INHOFE and Ranking Member JACK on the resources funding their use, but have agreed on. Eighty-eight people in REED and the members of the Senate they can’t be used unless they are au- this body agreed that we need to go Armed Services Committee, the Senate thorized. So every year for 58 years, we ahead and start spending money and passed an overwhelmingly bipartisan have come into the committee, we doing that. We can’t do that. We can’t version of this year’s National Defense have heard differing opinions on prior- put in the building blocks for the Ad- Authorization Act. The House of Rep- ities, but at the end of the day, the vanced Battle Management System, resentatives, however, passed a very amazing thing about the Senate Armed which is so important to deal with the different bill. The conference process is Services Committee when it comes to

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Mr. President, I timeframe, maybe the July timeframe. am convinced, because they were voted ask unanimous consent that the Now here we are in November. Not only out on a bipartisan basis, are at risk quorum call be rescinded. have we not passed the National De- because we can’t seem to get agree- The PRESIDING OFFICER. Without objection, it is so ordered. fense Authorization Act, but we are at ment with Speaker PELOSI’s House. risk of not passing anything. Now what Another very important area is in NOMINATION OF STEVEN J. MENASHI we are hearing about is a so-called places like North Carolina. In North Mr. WHITEHOUSE. Mr. President, I skinny bill that would just be the basic Carolina, Camp Lejeune alone experi- am here to speak on the confirmation authorities while we are leaving every- enced over $3.5 billion in damages as of Steven Menashi to be a judge on the thing else on the table. the result of the most recent hurri- United States Court of Appeals for the I am going to talk a little bit about cane, and Fort Bragg is still trying to Second Circuit. We have grown accus- the Personnel Subcommittee, which I recover from a hurricane that hap- tomed to the violations of norms chair, but what do authorities mean? It pened about 2 and a half years ago. around here, kind of a dumbing down of means research on new weapons sys- There are authorities in there to make the institution. So by all of those tems. It means research for men and sure that we can rebuild these facili- standards, I would ordinarily be oppos- ing Mr. Menashi. women in a dangerous situation to ties. Military housing, as well as of- We have disposed of the blue slip con- make sure the best possible technology fices and other training facilities at vention for Circuit Court nominees. I Camp Lejeune, could slip another year and training is available to make it as just warn my colleagues, again, that if we allow what I think right now is safe as it can be in an unsafe environ- there is a price to be paid for that. The the impasse between the House and the ment. There are hundreds of authoriza- blue slip for Circuit Court nominees is Senate to move forward. tions in the National Defense Author- the thing that connects a Circuit Court These are all very, very important ization Act that are at risk of sliding nominee to a particular State so that provisions in the National Defense Au- another year for the first time in 58 an Arkansas judge on the Circuit Court thorization Act. These are all provi- years. of Appeals or the Rhode Island judge on sions that got bipartisan support from Now what I want to talk about is our Circuit Court of Appeals or the this body. If you all have been watch- what is at stake if we can’t reach an Montana judge on their Circuit Court ing Congress, you know that we can agreement with Speaker PELOSI spe- of Appeals only is the Arkansas judge have our disagreements. There are cer- cifically in the Personnel Sub- or the Rhode Island judge or the Mon- committee. tain things that we just simply aren’t tana judge because we honor that blue I actually requested the Personnel going to see eye to eye on, but we see slip. Subcommittee because I wanted to eye to eye on the National Defense Au- In another Presidency, when the shoe focus on the business of the Depart- thorization Act. That is why I do not is on the other foot, I don’t want to ment of Defense, and I wanted to focus understand how the House would not hear any of my colleagues who have on military families and on the sol- come to the table and pass something thrown this Circuit Court blue slip out diers’ health and safety. that we have successfully passed for complain when somebody who is not If we do not pass provisions that every year of my life. even from their State gets appointed to passed out of my subcommittee and I am 59 years old. This could be the the so-called State seat on the Circuit that are in the National Defense Au- first time in 58 years that we run the Court. thorization Act that passed out of the risk of not showing the respect that I In addition, we have dealt with a lot Senate, here is what is at stake: think the men and women in the mili- of unqualified candidates. I think this There is a pay raise for every soldier, tary, in uniform, deserve, to give them administration has set the record for sailor, and marine—a 3.1-percent pay the authority to be trained properly, to ABA-designated unqualified can- raise that they could lose this year as not run the risk of working with old didates. This guy has never tried a a result of not gaining agreement. authorities that could diminish train- case, never taken a deposition. He ef- We have a lot of provisions in there ing and readiness and capabilities. This fectively has not practiced law. When for military housing. I am from North is about these folks that have sworn to he has tried to practice law, it has been Carolina, and we have two very large defend the Constitution and our free- a disaster. He has been the counsel for installations in North Carolina—Fort dom, and we can’t take the time to the Department of Education and man- Bragg, the home of the Global Re- bridge the gap and eliminate the other aged to have various programs that he sponse Force, and Camp Lejeune, home reasons that divide us and at least advised on all thrown out in court and to a bigger population of marines than come together on something for 58 his Secretary held in contempt—so not any military installation in the world. years we have seen our way clear to a guy who, when you get a mere legal They are in housing today that needs passing and making progress, for men decision, comes up with a real winning to be outfitted. They are in housing and women in uniform, for soldiers, record. that, quite honestly, is unsafe. This sailors, and marines and for their fami- Moreover, he refused, extremely arro- National Defense Authorization Act lies. gantly, to answer really basic ques- makes progress to make sure that the So I am for the Speaker of the House tions, even to the point of frustrating families that are housed on bases are in and the Members of the House to come Republican members of the committee safe, clean settings, and quite honestly, to terms and pass what we have done when he was a witness before us, and in some cases, they are not today, successfully for decades. We owe it to has refused to answer related questions which is why we have bipartisan sup- the men and women in uniform, and we for the record as well. port for the provisions we put into our owe it to every American to under- So, for all of those reasons, this is a subcommittee mark. stand what is at stake if we all of a pretty undesirable candidate for the Another thing that we are working sudden slide for a year while our adver- Federal bench, but it gets way, way on—it is very difficult for one who saries continue to gain ground. worse. If you look at what Mr. Menashi doesn’t come from a military back- I hope that my colleagues will con- has said over the years, it is quite an ground to understand how challenging tinue to come together and pass this astonishing window into his mind. it is for a spouse to get a job for the bipartisan legislation. It is within With respect to affirmative action, he brief period of time that they may be reach and absolutely an expectation, I has compared universities—I am in one military installation or another. think, of every Member of Congress to quoting him here—he has compared This mark has provisions in it to make show our men and women in uniform universities cataloging students ac- sure that military spouses get employ- respect by doing our job. cording to race on college applications

VerDate Sep 11 2014 01:26 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.029 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6535 and official documents, which you ob- whether you are looking at sexual vio- 70,000 pages of documents. This was viously do as part of any affirmative lence against women, whether you are also made possible by the supportive action program, he has compared that looking at affirmative action in col- leadership of the committee—the to the Nuremberg laws. leges, you can find something truly chairman and ranking member, Sen- If you look at the issue of sexual vio- creepy that this individual has said. ator WICKER and Senator CANTWELL— lence, he has made fun of Take Back That, on top of all the other disquali- and the contributions of the committee the Night marches and described fying factors, makes him perhaps the staff, including the contributions of my women who are active and concerned worst candidate that Donald Trump staff and those of former Chairman about sexual violence as—his words has tried to put on the Federal bench— THUNE and Ranking Member NELSON. here—‘‘campus gynocentrics’’—maybe by the way, that is in a crop of doozies. Also, I want to take this moment to he pronounced it gynocentrics, I do not The problem here is that people are thank Mr. GRASSLEY, the Senator from know—campus gynocentrics. When you going to come into these courts and Iowa and the chairman now of the Fi- are talking about sexual violence, that they are going to have a feeling that no nance Committee. For a portion of the is not just a normal word to use. When American litigant should have and that time we were dealing with this issue, you are talking about affirmative ac- is that I have got a judge who is pre- he was the chairman of the Judiciary tion, reference to Nazi Nuremberg laws disposed against me, that it doesn’t Committee. He, too, made contribu- is just not normal. matter what my cause is. It matters tions to our legislation, and his contin- He has argued that gun regulations who I am. ued leadership on this issue in general are ‘‘pointless’’—I am quoting him And, sadly, I don’t think this is the has helped to move this bill forward here—‘‘pointless and self-defeating be- bug in these Trump judicial appoint- and out of the committee today. cause guns reduce crime.’’ Really? Ask ments; I think this is the feature. I During our investigation, Senator the victims of the firearms massacres think it is the intention of the dark GRASSLEY indicated an interest in happening at such a horrifying rate in money fueled apparatus that has got working together to protect amateur this country how guns reduce crime. this assembly line of unusual and pecu- athletes. After we introduced the legis- With respect to the rights that have liar judges cranked on to our courts to lation, I am pleased we were able to in- been enshrined in our Constitution and actually make sure that our courts are clude provisions from his legislation recognized in Roe v. Wade, giving more likely to rule for certain people that was just introduced yesterday women the right, to some degree, of than others, that they are more likely here in the Senate. Specifically, the self-determination about when to have to rule for polluters, that they are substitute amendment included fund- children, he described the rights codi- more likely to rule for gun companies, ing accountability language for safe fied in Roe v. Wade—I quote him here— that they are more likely to rule for sports, clarification on mandatory re- as ‘‘radical abortion rights advocated dark money political operators. porting parties related to child abuse, by campus feminists.’’ Good luck, on There are essentially, at this point, and new reporting requirements to im- an issue related to a woman’s right to with this nominee to a Circuit Court of prove transparency. Senator GRASSLEY choose, getting a fair hearing from this Appeals, no standards left—no stand- was also successful in working with character once he is enrobed. ards left. I can’t imagine anybody Senator PETERS to include whistle- He mocked the gay rights group much worse. blower protection language in the bill Human Rights Campaign, which he It is a sad day. during today’s markup. said incessantly exploited the slaying With that, I yield the floor. Again, I thank Senator GRASSLEY for of Matthew Shepard for both financial The PRESIDING OFFICER (Mrs. his leadership and commitment to the and political benefit. We engage in BLACKBURN). The Senator from Kansas. health and safety of our amateur ath- letes. some pretty acid rhetoric around here, S. 2330 Additionally, there were thoughtful but about a young man who was mur- Mr. MORAN. Madam President, contributions to our legislation—most dered about being gay, that is just ap- today in the Commerce Committee, recently, in the form of our substitute palling. If you are in his court on an following an in-depth 18-month inves- amendment—from other members of tigation to examine cultural and sys- issue in which the rights of LGBT folks the Commerce Committee, including are involved, there is almost no way temic issues regarding abuse in the Senator GARDNER of Colorado. that you could believe that a judge Olympic movement, Senator I also thank my colleague Senator BLUMENTHAL and I introduced bipar- that has thought or said anything as BLUMENTHAL, the ranking member of vile as that could ever give you a fair tisan legislation, the Empowering the subcommittee, for his steadfast and hearing. Olympic and Amateur Athletes Act of ongoing support and leadership that he With respect to the question of diver- 2019. It was accompanied by an inves- has shown throughout this long proc- sity, which many of us consider to be tigative report, findings, and, rec- ess. one of America’s greatest traits, social ommendations. I am pleased that the This investigation and legislative scientists, he said, have found that Commerce Committee approved that process started out as a bipartisan ef- greater ethnic heterogeneity, i.e., so- legislation today. This marks a signifi- fort to provide substantive policy pro- cial diversity, is associated with lower cant step forward to improving the pro- tections to amateur athletes and has social trust. Ethnically heterogenetic tections and representations provided remained as such. That bipartisanship societies exhibit less political and civic to our amateur athletes. has continued and will continue to be engagement, less effective government The subcommittee that I chair exer- prioritized as we push for timely con- institutions, and fewer public goods. cises jurisdiction over the U.S. Olym- sideration of this legislation on the First of all, I don’t think that is true. pic Committee and amateur sports at Senate floor. I don’t think that stands to scrutiny. large, and I remain fully committed to Finally, I would be remiss not to ex- But, second of all, it is just kind of a ensuring the health and safety of all press my sincere and humble thanks to creepy thing to be saying, that we American athletes. Our Empowering the survivors for their bravery in guid- would be a better country if we mar- Olympic and Amateur Athletes Act ing our policymaking with their testi- shaled ourselves together into our eth- would enact reforms to the U.S. Olym- monies and ongoing input throughout nic enclaves, which ‘‘provide the pic system by strengthening legal li- the process. Their willingness to re- groundwork for social trust and polit- ability and accountability mecha- count and relive their traumatic expe- ical solidarity’’—not in my world, not nisms, restoring a culture of putting riences played a vital role in informing in Rhode Island. That is not the way athletes first, and fortifying the inde- Congress as it seeks to address key re- we work. I don’t think that is the way pendence and capacity of the U.S. Cen- porting, governance, and resource America works. ter for Safe Sports. issues within the Olympic system. This So whether you are looking at diver- Our investigation, which led to the critical legislation would not have hap- sity, whether you are looking at gay foundation of the provisions in this pened without their active involve- rights, whether you are looking at a bill, included four subcommittee hear- ment. woman’s right to choose, whether you ings, interviews with Olympic athletes I will never forget the question that are looking at safe regulation of guns, and survivors, and the retrieval of was asked of me by one of the survivors

VerDate Sep 11 2014 01:26 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.031 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6536 CONGRESSIONAL RECORD — SENATE November 13, 2019 as we were gathered together in the Internal documents obtained by a Specifically, this resolution high- Russell Senate Office Building. The veteran through the Freedom of Infor- lights the issue of children and youth question was this: Why was there more mation Act revealed that in 2017 Presi- homelessness and supports the efforts than one? It is a question we would al- dent Trump’s first VA Secretary, Dr. of businesses, organizations, educators, ways hope to answer. There should David Shulkin, tried to do right by and volunteers who are dedicated to never be a victim or survivor of sexual these veterans. At that time, the VA meeting the needs of homeless children abuse. And if there is one, there should proposed to expand the list of presump- and youth. never be a second. tive health conditions associated with In the 2016-to-2017 school year, there The sad thing about this cir- this toxic herbicide to include bladder were 1.3 million children and youth—I cumstance in which we found ourselves cancer, Parkinson’s-like symptoms, repeat, 1.3 million children and youth— and in which the athletes found them- and hypothyroidism so that these vet- who experienced homelessness in the selves was that not only was there one, erans could become eligible for the United States. but there were many more. We should benefits they earned if they had these In West Virginia alone, our schools be able to take that call—why was conditions, but and the have identified more than 10,500 stu- there ever more than one?—and make White House objected. They didn’t dents experiencing homelessness. This certain that we do everything to keep want to spend the money. They said is simply unacceptable, and we must do it from ever happening again. they wanted more studies—studies that more to support our future genera- I thank my colleagues in the Com- would have effectively run out the tions. That is why I am a firm believer merce Committee for their support on clock as more and more of these vet- that there are five promises—five this critical legislation. I look forward erans suffered and died. promises—we, as adults, should make to working with the leader and my Since then, the National Academy of to every child. Senate colleagues as we push to enact Medicine found evidence that hyper- No. 1 is every child must have an un- these necessary reforms. tension has even greater evidence of as- conditionally loving and caring adult I yield the floor. sociation to Agent Orange exposure in their life. That is the first. Every The PRESIDING OFFICER. The Sen- than the conditions Dr. Shulkin at- child must know that someone loves ator from Montana. them unconditionally. No matter what Mr. TESTER. Madam President, be- tempted to address. Yet the White you do and no matter what mistakes fore I get into my comments on Agent House still refuses to take care of these you make, at the end of the day, that Orange, I just want to thank Senator veterans. They refuse to expand the person loves you. It could be your mom MORAN and Senator BLUMENTHAL for list to include these four conditions: leading the charge on making sure that parkinsonism, bladder cancer, hyper- or dad; it could be a grandma or our Olympic athletes are protected. tension, and hypothyroidism. grandpa; it could be an aunt or uncle; There are some who say that govern- More have suffered and more have or it could be a neighbor, someone who ment has no business in this realm; I died. These are Vietnam veterans who knows they have your back no matter couldn’t disagree with them more. The are in their sixties, seventies, and what. fact is, this is a wrong that I think eighties. But this administration—the No. 2 is every child must have a safe place to call home where harm cannot Senator MORAN and Senator same folks who are quick to beg for enter. I would hope it is the home they BLUMENTHAL have tried to right. I just nearly $20 billion for an ineffective bor- want to thank them for their leader- der wall that Mexico was supposed to live in. Sometimes it is not always the ship. pay for and who are happy to put a $1.5 case. Sometimes it might be a school. Mr. MORAN. I thank the Senator. trillion tax bill on the government’s It might be an after-school program. It AGENT ORANGE credit card—refuses to recognize that could be a church. It could be a neigh- Mr. TESTER. Madam President, I this is a cost of war and that they need bor’s home. Every child growing up has stand here today because the Trump to do right by the Vietnam veterans— to have somewhere safe in their life administration continues to turn its veterans who have already waited dec- where harm cannot enter and they are back on our Nation’s veterans, many ades for the benefits and the care they protected. who are suffering from illnesses relat- desperately need. No. 3 is every child must have a ing to Agent Orange. It is pretty simple. Do the right healthy start and access to a nutri- Agent Orange is a very toxic defo- thing. If you claim to be an advocate tious diet. I think that is why you have liant that was used in Vietnam. Every- for the veterans, no more excuses and seen in our school systems that we body who was there was exposed to it end the wait for these veterans and have expanded our nutrition programs because it was used in such great vol- their families. These veterans and their from breakfasts to lunches. When I ume. families have already sacrificed great- went to school way back when in rural By denying eligibility to the folks ly, and they should not be forced to areas, we had no cafeterias and no who have suffered from that exposure wait 1 minute longer. This issue needs lunches, but for some reason, I could the benefits and care they need, they to be dealt with, and it needs to be always tell when my mom or other par- are not doing right by our veterans. dealt with today. ents had put an extra sandwich in the The fact is, there is no logical reason I yield the floor. lunch pail knowing that we couldn’t behind it except for the fact that they I suggest the absence of a quorum. eat it but somebody could. There were don’t want to pay for it. They don’t The PRESIDING OFFICER. The always those who kind of stepped in think the exposure to these toxic clerk will call the roll. and helped others. chemicals in Vietnam are a cost of war. The bill clerk proceeded to call the Now we have that. Every child has to Well, they are. roll. have a healthy start and access to a Today, we are telling Acting Chief of Mr. MANCHIN. Madam President, I nutritious diet if they are going to Staff and Acting Office of Management ask unanimous consent that the order grow and be engaged and, basically, be and Budget Director Mick Mulvaney for the quorum call be rescinded. productive. and other White House officials to do The PRESIDING OFFICER. Without No. 4 is every child should be taught their jobs and make sure these vet- objection, it is so ordered. a livable skill so that they can make erans are taken care of. NATIONAL HOMELESS CHILDREN AND YOUTH their own way through life. Primary It is time for this White House to do AWARENESS MONTH and secondary education is free in right by the 83,000 veterans—that is Mr. MANCHIN. Madam President, I America. It makes us different from 83,000—who are currently suffering and rise today to talk about a resolution every other country in the world. We dying from significant health condi- that I have introduced with my fellow commit to every child that they can tions associated with Agent Orange ex- Senator from Maine, SUSAN COLLINS, get an education to be literate—every posure. This administration—the and 11 other fellow Senators from both child. That is why education should be Trump administration—needs to stop sides of the aisle—truly bipartisan—to held to a higher standard to make sure ignoring the overwhelming scientific designate November 2019 as National that they have a skill set. evidence put forth by medical experts, Homeless Children and Youth Aware- There should be no child graduating scientists, and veterans. ness Month. from high school who is not ready to

VerDate Sep 11 2014 01:26 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.032 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6537 work or ready to learn more. We should leadership on this issue in our State pass quickly. I look forward to working be able to identify in 7th, 8th, or 9th and hope that their work can be used with my colleagues who have signed on grade what their interests are going to as a standard for the other States to to this resolution and those on both be, whether they are going to be skill- combat this issue. sides of the aisle to bring us back to- set driven or whether they are going to Recently, I visited South Charleston gether to combat child and youth be academically driven. Both are need- Middle School to see the work they are homelessness. ed, and we should not make them feel doing to address the child and youth I yield the floor. like failures if they don’t go to college homelessness crisis facing our State The PRESIDING OFFICER. The Sen- because a lot of people aren’t desiring from the perspective of a student’s life, ator from Louisiana. to go to college. A lot of them want to much of which is spent at school. They 5G TECHNOLOGY work with their hands. They want the use Federal funding to help correctly Mr. KENNEDY. Madam President, I skill sets; they have that ability, and identify students who are homeless so will talk for a few minutes today about we should identify that very early. that they can provide services to those 5G technology and taxpayer money. We No. 5 is the hardest promise because who need them. have all heard the term ‘‘5G.’’ 5G you cannot teach it. You can’t teach I hope my resolution will help raise stands for fifth generation—fifth gen- this promise that you should keep to awareness on this issue so that more eration technology. In short, what 5G every child—that that child should schools can use the funds available to means is incredibly fast data trans- grow to be a loving, caring adult and support the students who are experi- mission—data going from my cell give something back. They can learn encing homelessness. In West Virginia, phone to the President’s cell phone, my the child and youth homelessness crisis that fifth one only by how you conduct internet to your internet, and the abil- is intensified by the opioid crisis that your life, how that special adult in ity to connect a lot of different devices has ravaged our State. The lasting ef- their life—mom, dad, aunt, uncle, cous- at the same time. fects of the epidemic on our children in, neighbor, after-hours group, Through 5G technology, which is and future generations are terrible, school—someone in their life has given wireless technology, we will be able not from the increase in children and them hope: Hey, I can be that person; I only to transmit data very quickly, but youth homelessness to a rise in youth can give something back; and I can we will also be able to transmit huge substance use disorder. help somebody like me. amounts of data—almost breathtaking This crisis will continue to affect amounts—and it is going to have a Those are the five promises. If we communities like those all across West can’t keep those, then God help us all. huge impact on American society. It is Virginia for decades to come, which is going to have a huge impact on the We owe that to every generation. To why we must begin to combat and ad- have one child homeless in this coun- world. dress issues like child and youth home- In some respects, it is going to try is wrong. Homelessness means you lessness now. change the world. If technology has have no stability; you have no func- In the middle of this crisis, there are changed the world thus far—and indeed tional family; and you have no biologi- success stories, too, like Hannah’s. it has; among other things, it has made cal mom or dad to go home to. You are Hannah’s parents could not care for her the world smaller—5G is going to either couch surfing or basically living because of substance use issues, so she change it even more. For example, you with another relative—whatever it went to live with a family friend, who will be able to use your smartphone to may be—and this is something we have subsequently removed all support. A open your garage door. You will be able to intervene in and make sure we can high school counselor referred Hannah to use your smartphone and be a mile correct. to the Youth Services System Transi- away but turn on your coffee maker. We must keep these promises to our tional Living Program, which helped We will be able to do surgery by inter- children so that our future generations her finish high school and go on to col- net. Surgeons will be able to be in one will grow up to be the best they pos- lege. She is a recipient of the YSS Ron- place 1,000 miles away from a patient, sibly can and meet all their expecta- ald Mulholland Futures Scholarship and that surgeon, through robotics and tions. We expect our children and and attends West Virginia University, other means, will be able to transmit youth to care about their education, where she is now a junior studying the data to operate on that patient. but if they don’t have a roof over their chemistry. Last summer, she com- Driverless cars are going to change head or a place to sleep, if they don’t pleted an internship in Tennessee. the world dramatically—not only the have adequate nutrition and meals, The Youth Services System is a won- way we get around. It is going to they can’t focus on learning as they derful national organization that change our need for roads; it is going should be able to. works to provide shelter for children to change our tax base; and it is going I heard one child say: I am just try- and youth across America. Organiza- to change the insurance market. ing to survive. I am just trying to tions like the Youth Services System 5G is going to allow farmers to be make it through the day and survive. I and the Children’s Home Society de- prewarned about encroaching diseases. would love to get the education you serve recognition for their incredible Farmers will not have to wait to see want me to get, but when it becomes work because, without them, success their crops attacked by certain dis- basically survival tactics or edu- stories like Hannah’s and so many oth- eases; through 5G technology, they will cational tactics, survival will kick in ers wouldn’t even exist. This is why we be able to know and predict that those first. must raise awareness of this issue so diseases are coming. It is going to help That is what they are dealing with. that we can support the wonderful us feed the world. This crisis is affecting not just these work being done across the United 5G technology is going to allow our students in their homes, but it affects States every day. young people to have virtual appren- their school life, too, and we must do I am so proud to be here today to ad- ticeships. If you are a young woman or better to ensure that they can learn vocate for those 1.3 million children a young man and you are right out of and give back to their communities. and youth across our Nation who need school and you are offered an appren- Speaking of doing more, there is a lot our help and deserve our help. We must ticeship or an internship, let’s say in of great work being done in my State do better for them, and I believe San Francisco, and you are living in of West Virginia and nationally and, I strongly that this resolution is the be- Duluth—say you are a student and you am sure, in all the States. One wonder- ginning to work toward solving this say ‘‘I don’t have the money to move ful example is the Children’s Home So- major crisis our Nation has with broad to San Francisco, and I don’t have the ciety in West Virginia. I know they are bipartisan support. If there is one thing money to live in San Francisco,’’ you watching and are gathered for their an- that brings us together, it is the chil- will be able to do an internship nual conference today. I want to thank dren. It is not a Democrat or Repub- through technology. them for the incredible work they have lican problem. It is a problem for all of It is going to be 100 times faster. In been doing. They have been strong us. It is an American problem, and we terms of the amount of data, I don’t leaders in helping children and families have to face it. know how to quantify that, but it is who experience homelessness in West With the support of 23 national orga- going to have an extraordinary impact Virginia. We truly appreciate their nizations, I hope this resolution will on wireless technology.

VerDate Sep 11 2014 01:26 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.034 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6538 CONGRESSIONAL RECORD — SENATE November 13, 2019 What are we talking about here? getting spectrum out to the private it faster than you, FCC. Even though When my phone calls the President’s sector and getting the American tax- you have done 100-plus auctions and we phone, what are we talking about? payer paid for its property interest. In have never done one, just trust us. We Really, we are just talking about radio the last 25 years, the FCC has con- can do it faster than you, and we want waves. We are talking about radio ducted over 100 of these auctions. The you to give us the spectrum and let us waves. A radio wave is nothing more FCC has brought in $123 billion for the keep the $60 billion. than electromagnetic radiation. I don’t American people—billion. That is nine The FCC is considering doing it. want to get off the subject here. When zeros. I have met with folks at the FCC My State has a lot of oil and gas. The my phone talks to the President’s who handle the public auctions. They Federal Government—the American phone, we are just sending radio waves are incredibly experienced. They know taxpayer—owns the seabed of much of through the air. Sometimes you might what they are doing. the Gulf of Mexico. Periodically, on be- have heard that referred to as a spec- Let me get back to the C-band. When half of the American people, the Fed- trum. That is basically how a cell we left off, we were talking about the eral Government leases that seabed to phone and the internet works, except C-band being perfect for 5G. We have a oil and gas companies to explore for oil with 5G, the speed with which that lot of wireless companies that want to and gas. When the Federal Government data is transmitted and the amount of lease it, if you will—want to license leases the land, the Federal Govern- data will be substantially larger. it—and the FCC is there in the middle. ment takes an upfront cash payment Who owns those radio waves and the You would expect that what we would and a portion of any oil and gas that is air through which those radio waves do in this instance is what we always found. travel? According to Federal law—the do—we hold a public auction. Can you imagine what would happen Federal Communications Act of 1934— It has been estimated that if we hold if I went to the Federal Government we do. We all do. The American people a public auction, if the FCC holds a and said: Even though I have never do. public auction and tells all the wireless done an oil and gas auction, I can do it The Federal Government, through companies that want to bid to come on faster than the Federal Government the Federal Communications Commis- down and bid, it will bring in $60 billion even though the Federal Government sion and other agencies, including but for the American people—$60 billion. has done thousands of them. So I want not limited to Congress, regulates Do you know what we could do with $60 you to give me all the minerals in the those radio waves going through the billion? With $60 billion, we could put 1 gulf and let me do the auction and keep air, which we call spectrum, but those million kids through college for all 4 the money. radio waves and the air through which years. With $60 billion, we could hire 1 Can you imagine the reaction if I ap- they pass are owned by the American million new cops for a year. With $60 proached the Federal Government? The people. Just like a national park, just billion, we could build 7,000 miles of people in charge of those oil and gas like the oil and gas offshore in Federal interstate. With $60 billion, we could leases would do one of two things. I waters, just like the Rocky Mountains, make sure that broadband reaches would end up in either handcuffs or a they are owned by us, the American every crevice and corner of America straitjacket. But that is what is being people. because right now it doesn’t. proposed here, and for the life of me, I Now there are certain types of radio If you are in a rural area right now— do not understand why the FCC is tak- waves that are owned by the American I don’t want to overstate my case, but ing this seriously. people that are perfect for 5G tech- in many instances, if you are in a rural An article just came out a couple of nology. These radio waves and this area, you don’t have the same days ago. I will read the first sentence spectrum, if you will—I will use the broadband both in terms of reach and of it. It came out of a periodical called term ‘‘spectrum,’’ but remember, I am coverage and speed that people have in Market Watch on November 11, just a just referring to radio waves moving a large city, and that is true even be- few days ago. through the air. This particular spec- fore we get to 5G. It starts: ‘‘A big step in the U.S. de- trum that is perfect for 5G technology We could even give the money back ployment of 5G wireless could take is called the C-band. I don’t know why to people. We have 140 million tax- place by year’s end as the Federal Com- they call it that, but that is what they payers in America. If we gave $60 bil- munications Commission is expected to call it. It is between 3.7 gigahertz and lion back to 140 million taxpayers, that back a plan from the satellite industry 4.2 gigahertz. Don’t worry about what is about $430 for every taxpayer in for auctioning off radio spectrum.’’ that means; just know that this part of America. I am not suggesting we do They called a couple of investment the overall spectrum is perfect for 5G. that. That is above my pay grade, mak- bankers. One investment bank group is It is perfect because it strikes a bal- ing that decision. For a lot of people, called Height Capital Markets, and an- ance between coverage and capacity. $430 isn’t that much money, but I have other one is called Beacon Policy Advi- And this C-band, if you will, is not too a lot of friends who would say $430 is a sors. I don’t know where they are get- hot, not too cold. It is just right for 5G. lot of money. ting their information, but they are It is critical to our development of 5G But in the middle of what I just de- saying that the FCC has already agreed technology. scribed, we have a hair on the biscuit. not to do a public auction but to let Since the American people own this We have three companies—and I am these foreign companies have the spec- C-band and since many of our wireless not disparaging them. Two of them are trum and get the $60 billion. companies want to develop and offer 5G headquartered in Luxembourg, and one The article goes on to explain that technology to the American people, is out of Canada. They are foreign sat- these three companies—these three for- given those facts, the FCC is going to ellite companies. They have gone to eign companies, the two Luxembourg play an integral part. The FCC licenses the FCC and they have said: Look, we companies and the Canadian com- spectrum to companies that want to are going to make you a deal. We know pany—spent $515,000 lobbying regu- use it. In other words, if you are a wire- we need to get this 5G, this C-band lators and lawmakers on its auction less company and you want to use a spectrum, into the market as quickly plan. portion of the spectrum—the radio as possible. We will do the auction for Then I go back and I look at another waves going through the air that are you. article that came out not too long ago, owned by the American people—you go It doesn’t matter that the FCC has and it talks about one FCC Commis- to the FCC and say: I want to license already done 100 auctions and brought sioner. It sounds like he is already that spectrum, and I want to pay for it. in $123 billion. These three foreign sold. He was asked about the idea of By law—not by custom; by law—the companies have gone to the FCC and just giving the spectrum to these for- FCC says: OK. To be fair, we are going said: Let us do the auction for you be- eign companies and letting them keep to hold an auction, and everybody who cause we can do it better and quicker the money. wants to bid on this portion of the even though we have never done a pub- Here is what he said: ‘‘Most of the spectrum can submit a bid. lic auction. criticism of what is known as the CBA In the last 25 years, the FCC has done Then they told the FCC: By the way, proposal’’—that is the proposal by the an extraordinary job, by the way, of we want to keep the money. We can do private companies—‘‘shows a lack of

VerDate Sep 11 2014 01:26 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.035 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6539 understanding of how the Internal The senior assistant bill clerk pro- Vietnam. We did this to them. The Commission works. . . . [D]on’t let ceeded to call the roll. American Government decided to spray anyone try to lecture me on the com- Mr. BROWN. Madam President, I ask Agent Orange. We knew it was harm- mission’s . . . efficiency and timeli- unanimous consent that the order for ful. We know it is harmful. We knew it ness. the quorum call be rescinded. then, and we know it now. The chem- This Commissioner goes on to say: The PRESIDING OFFICER. Without ical companies knew and the govern- If someone or some entities make a profit objection, it is so ordered. ment knew. Why does the administra- for being at the right place at the right time, UNANIMOUS CONSENT REQUEST—S.R. 420 tion now think it is OK to abandon our I will live with that outcome. In the grand Mr. BROWN. Madam President, ear- commitment to these veterans? If you scheme of things, if it is a contest between lier this week, we celebrated Veterans are exposed to poison while serving our speed and government trying to extract a Day, a day we honor the sacrifice and country, there should be no question significant piece of the transaction through the service of those who fought in Nor- that you deserve the benefits you a lengthy process, I’ll take the speedy reso- mandy and Pearl Harbor and Inchon, at lution.’’ earned. Period. No exception. Khe Sanh, Somalia, Bosnia- Madam President, as in legislative Are you kidding me? What planet did Herzegovina, Kandahar, Mosul, and ev- session, I ask unanimous consent that he just parachute in from? This is a erywhere else where veterans work to the Senate proceed to the immediate current member of the FCC. Somebody protect our country. We owe them and consideration of S. Res. 420, encour- needs to tell him about the President’s their families a debt that we often fall aging the President to expand the list Executive order, right here: ‘‘Buy short in repaying. That is what this is of the Department of Veterans Affairs American and Hire American.’’ It about today. of presumptive medical conditions as- doesn’t say ‘‘hire Luxembourg compa- For years, the VA has been presented sociated with exposure to Agent Or- nies.’’ I have nothing against Luxem- with scientific information from the ange to include parkinsonism, bladder bourg companies; I just prefer Amer- National Academy of Sciences making cancer, hypertension, hypothyroidism, ican companies. It doesn’t say ‘‘buy Ca- it clear that the list of the conditions which was submitted earlier today; I nadian companies and hire Canadian.’’ stemming from Agent Orange exposure further ask that the resolution be I can tell you what is going to hap- is extensive. It includes hyper- agreed to, the preamble be agreed to, pen if the FCC does this. First of all, thyroidism, bladder cancer, Parkin- and the motions to reconsider be con- the American people are going to lose son’s-like symptoms, and hypertension. sidered made and laid upon the table $60 billion. No. 2, they are going to get In the late iteration of the Veterans with no intervening action or debate. sued. They say they can do it faster— and Agent Orange Exposure Update 11, The PRESIDING OFFICER. Is there I don’t believe them—but I know this published a year ago, the National objection? much: I know a little something about Academies recognized that those ill- Mr. ISAKSON. I object. litigation. I used to do it for a living. nesses—hypothyroidism, bladder can- The PRESIDING OFFICER. Objec- They are going to be tied up in court cer, Parkinson’s-like symptoms, and tion is heard. for about 10 years—I can tell you hypertension—all have suggestive or The Senator from Georgia. that—because the Federal Communica- sufficient evidence associated with Mr. ISAKSON. Reserving the right to tions Act requires a public auction. Agent Orange. object, I want to say to my committee I can tell you what else is going to Historically, the VA added illnesses member how much I appreciate his happen. The people who live in rural in those two categories to the list of dedicated work. In the committee, we communities are going to get the little presumptive medical conditions associ- work on a lot of things, including the end of nothing because we won’t be ated with Agent Orange exposure. On a diseases in here, getting presumptive able to control who gets this C-band. I bipartisan basis, this Congress has conclusions done so we can cover as will bet you that the companies that done the right thing time after time. much as possible, but medicine is not end up with it start—and I hope I am We are all on the same side when it exact. Diseases are not exact. Cir- wrong—and remain in the cities. So if comes to helping veterans who were ex- cumstances are not exact. When you you live in the country, where I was posed to Agent Orange in Vietnam. make a decision to include a benefit for raised, you won’t get the benefit of 5G. We recently found out that former our veterans, you are making a com- Also, if we give it to these three for- VA Secretary Shulkin decided to add mitment to spend that money from the eign companies and they get to decide three of these conditions to the list of taxpayers of the United States of who gets the C-band, how do we control presumptive medical conditions associ- America. who ends up with our spectrum? What ated with that exposure only to have In the committee—and the Senator is if they give it to Huawei? What if they OMB—the Trump administration— part of it, and he knows this because I give it to a company that violates our block his decision. In an email to Di- helped him a lot—we just approved national security and our national in- rector Mulvaney, Secretary Shulkin blue water Navy funds, which is going telligence? said adding these conditions was ‘‘im- to be one of the largest increases in the This is a really bad idea, folks. There perative.’’ Yet no action took place. history of benefits going to our vet- is a bill that has been offered. It is a bi- There are 83,000 veterans living with at erans. We are circumventing into that partisan bill in the House. I am going least 1 of the presumptive medical con- some of the due diligence—which you to sponsor it in the Senate. It is offered ditions—83,000. They are in Tennessee. really ought to do before you make a by two Republicans and two Demo- They are in Georgia. They are in South presumption of the diseases caused in crats. The bill is very simple. It says: Dakota. They are in Ohio. In a discus- all cases. Do the right thing. This spectrum be- sion with blue water Navy veterans I am an alumni of the Georgia Air longs to the American people. This C- last week, I learned that since the De- National Guard and a veteran. I am band belongs to the American people. partment put a stay on adjudicating chairman of the committee. I think the That $60 billion belongs to the Amer- their Agent Orange claims earlier this world of the Senator from Ohio. What ican people. I am asking my friends at year, 12 veterans have died. Time is he is trying to do is great and right, the FCC to do the right thing. Do what running out. Some might accuse this just as he wanted to lead us to help get you have done 100 times already, and body of waiting until they all die. As us where we got to on the blue water let everybody bid. Let everybody bid. hard as it is to say that and hear that, Navy funds, but I object to this motion Take the $60 billion that you get from we are waiting until they all die before as one who would benefit because I the American people, and let’s spend it we move. have Parkinson’s. I went into service on something the American people For whatever political reason the ad- during the 1960s, during a year that need. ministration seems to place on this, we would be considered the Vietnam era. I I thank you for your time and atten- need to ensure that veterans receive didn’t serve in Vietnam, but I served in tion. the healthcare and the compensation that era, so I would have consideration I suggest the absence of a quorum. they earned. They shouldn’t have to if I got Parkinson’s disease—which I The PRESIDING OFFICER. The fight these one at a time when there have Parkinson’s. Then they can use clerk will call the roll. are sick men and women veterans of that as a conclusion to find out if it

VerDate Sep 11 2014 01:26 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.037 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6540 CONGRESSIONAL RECORD — SENATE November 13, 2019 was presumptively caused or not by the that Congress gave a tax cut—hundreds Let’s be very clear. The Democrats’ exposure I had. of billions of dollars, and 70 percent of decision to prioritize partisan politics I am just telling you as one who, if I it went to the richest 1 percent of peo- is having real consequences for the wanted to, could take a benefit from ple in this country—and we can’t come American people. Right now, the mem- this end run. I am not going to do it be- up with a few billion dollars to help bers of our military are unable to fund cause I think it is time, as chairman of veterans who are dying from these four new priorities because the Senate the committee—that it is time we illnesses? We can’t expand this list and Democrats are blocking the consider- make sure that every benefit we prom- give them healthcare as we try to com- ation of Defense appropriations. Farm- ise veterans, that we have the money fort them at the VA in Cleveland and ers and ranchers in my home State of to do it so we don’t spend too much Dayton and Cincinnati and Columbus South Dakota and around the country money on other benefits and leave our- and in Atlanta—all over? This is no end are struggling, but the House Demo- selves short for theirs. run around process. These aren’t four crats refuse to move forward on a trade I object to the motion. illnesses I heard somebody talk about deal—the United States-Mexico-Canada The PRESIDING OFFICER. The Sen- in Steubenville or Cleveland that ought Agreement—that would bring them re- ator from Ohio. to be covered. These are four illnesses lief. Mr. BROWN. Senator ISAKSON knows the VA has looked at, the scientific Thanks to low commodity and live- this is no sort of false kind of flattery. community has looked at, the medical stock prices, natural disasters, and He knows how much I think of him. He community has looked at, and Sec- protracted trade disputes, farmers and runs the most bipartisan committee in retary Shulkin—who served as Sec- ranchers have had a tough few years, the Senate. I have been honored to be retary of the VA, appointed by Presi- and one of the biggest things we can do on it my entire 13 years in this body. dent Trump, initially was acting under to help them is to take action on trade. No Ohioan ever served on this com- President Obama—we can’t give them Our Nation’s farmers and ranchers de- mittee as long as I have. I consider the benefit of the doubt? This is no end pend on trade. that a privilege, No. 1, and an oppor- run. We can’t give them the benefit of When I talk to farmers and ranchers tunity to pay people back. the doubt and say, yes, we should cover at home in South Dakota, they empha- I didn’t serve in the military. I know this. I hope the chairman of the Vet- size that the most important thing Senator ISAKSON did. President Trump erans’ Committee—that at some point Washington can do to boost our agri- we can sit down and talk and he can re- had deferments from Vietnam. He cultural economy is to take action on consider. didn’t serve in the military. I think trade agreements. Farmers and ranch- that maybe perhaps, because I didn’t Why do we think we need to protect President Trump, who, like me, didn’t ers need access to new and expanded serve in the military, I should work a serve in the military? For me, it—I will markets for their products, and, just as little bit harder to make sure those not get into that. But why can’t we importantly, they need certainty about people, most of whom are older than I help these veterans and give them the what international markets are going by a little bit, during the Vietnam benefit of the doubt, cover these ill- to look like going forward. war—that they be treated better than nesses, and move forward with the VA The United States-Mexico-Canada they were by the country and by the taking care of people the way we Agreement would help to meet those public upon their return from Vietnam; should? needs. It would preserve and expand that they, in this case, get the benefit The PRESIDING OFFICER. The Sen- farmers’ access to two critical export of the doubt and the history of what ator from South Dakota. markets, and it would give farmers cer- happened with Agent Orange. UNITED STATES-MEXICO-CANADA AGREEMENT tainty about what these markets will You may remember years and years Mr. THUNE. Madam President, it has look like long term. ago, veterans—people who had fought now been 13 months since the adminis- I am particularly pleased with the in Vietnam and had been exposed to tration concluded negotiations on the improvements the agreement makes Agent Orange—had to prove, initially, United States-Mexico-Canada Free for dairy producers. South Dakota has case by case, why they got sick, which Trade Agreement. It has been 13 experienced a major dairy expansion was darn near impossible, especially months of uncertainty for U.S. farmers over the past few years, and this agree- when you are sick, trying to do that and ranchers, manufacturers, small ment will benefit U.S. dairy producers and go through that pain. businesses, digital firms, financial in- by substantially expanding market ac- Congress, on a bipartisan basis, did stitutions, and many others. It has cess in Canada, where U.S. dairy sales the right thing back then. They put a been 13 months of wondering what the have been restricted. In fact, the U.S. list of these illnesses together that ex- rules of the road on trade are going to International Trade Commission esti- posure to Agent Orange was likely re- look like going forward. mates the agreement will boost U.S. sponsible for. If you had one of these We should have passed the United dairy exports by more than $277 mil- illnesses and you were boots on the States-Mexico-Canada Agreement lion. ground in Vietnam, you automatically months ago. The Republicans in the The agreement will expand market qualified. You didn’t have to fight in Senate have been ready to take up this access for U.S. poultry and egg pro- court. You didn’t have to get lawyers agreement for a long time, but trade ducers, and it will make it easier for or do any of that. That was then. agreements have to be considered by U.S. producers to export wheat to Can- Now, even though Secretary the House of Representatives first, and ada. Shulkin—and I don’t know how many the House of Representatives is con- Of course, the benefits for the agri- Secretaries have come and gone. The trolled by the Democratic Party, which cultural industry are just one part of President can’t seem to keep Secre- is far more interested in partisan pur- this agreement. From manufacturing taries of the VA or staff of the VA be- suits than in actually doing any mean- to digital services, to the automotive cause of the erratic policy he follows ingful legislating. industry, virtually every sector of our with veterans. The President of the While the House Democrats are economy will benefit from the United United States goes to New York and happy to consider far-left messaging States-Mexico-Canada Agreement. The makes a great speech about veterans, bills that have no chance of going any- USMCA breaks new ground by includ- and we all applaud that, but then he is where, they have no interest in work- ing a chapter specifically focused on not willing to give them the benefit of ing with the Republicans to actually small and medium-sized businesses. It the doubt. These are four illnesses Sec- get something signed into law. Why? is the first time that a U.S. trade retary Shulkin thought—you heard the The Democrats have convinced them- agreement has ever included a dedi- term I used earlier, which is the term selves that partisan posturing is more cated chapter on this topic. Roughly, he used—he used the term about these important than securing a bipartisan 120,000 small and medium-sized busi- conditions that it was ‘‘imperative’’ legislative victory, like a strong, new nesses around our country export goods that we do something. trade deal that will benefit the Amer- and services to Mexico and to Canada. I understand as well as anybody how ican economy. So they are currently The USMCA will make it easier for important it is to protect taxpayers. I opposing a trade agreement that would these businesses to successfully export also remember less than 2 years ago benefit millions of American workers. their products.

VerDate Sep 11 2014 01:26 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.039 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6541 It would be nice if the House Demo- wallpapering over of an agreement. It Public Works Committee unanimously. crats woke up tomorrow and decided doesn’t do what you have to do to stop We are hoping that soon we will be able that 13 months was long enough to the outsourcing of jobs. to organize the floor consideration of it make America’s farmers and ranchers I look at trade agreements in one and, perhaps, pass it by unanimous and manufacturers and small business way. Does it mean more jobs in our consent in the way we did with the men wait for the United States-Mex- country or does it mean fewer jobs? Save Our Seas Act. The work of all of ico-Canada Agreement, but my hopes The USMCA will do nothing to stem that progress in those committees and of seeing action from the House grow the tide of jobs that are moving to the negotiating of Save Our Seas 2.0 dimmer each day. Mexico. That is why we should go back was led by Adena. The Democrats in the House should to the table and include the Brown- Lastly, this week, I started going be addressing the American people’s Wyden amendment on labor enforce- around to collect cosponsors for Sen- priorities. American workers shouldn’t ment—language that will, in fact, ator MURKOWSKI’s and my BLUE be sacrificed for the Democrats’ par- mean there will be more prosperity in GLOBE Act, which is the ocean data tisan political goals. I hope that both countries. monitoring bill that we have worked enough of my Democratic colleagues in I thank Senator WHITEHOUSE for on and are now ready to launch. An the House of Representatives will urge yielding the floor. enormous amount of preparatory work their House leadership to bring up the The PRESIDING OFFICER. The Sen- goes into getting that ready—getting United States-Mexico-Canada Agree- ator from Rhode Island. supporters lined up and doing all of the ment in the very near future. Ameri- Mr. WHITEHOUSE. Mr. President, I work of cross-referencing the different cans have waited long enough. am not going to be that long. I ask points of view—and getting a bill that The PRESIDING OFFICER (Mr. unanimous consent to speak for up to we also hope stands a good chance of CRAMER). The Senator from Ohio. half an hour as in morning business. passing this body by unanimous con- Mr. BROWN. Mr. President, I appre- The PRESIDING OFFICER. Without sent. So I give the speech with grati- ciate Senator THUNE’s comments about objection, it is so ordered. tude to Adena for her work. the USMCA. Some might call it TRIBUTE TO ADENA LEIBMAN CLIMATE CHANGE NAFTA 1.6. It just doesn’t do very Mr. WHITEHOUSE. Mr. President, Mr. President, the oceans send a much. I was not in this body when today is my 258th ‘‘Time to Wake Up’’ clear and consistent signal about cli- NAFTA passed. I was down the hall in speech, and I want to use this occasion mate change, and it is a signal that has the House of Representatives. I voted to take us back to our oceans. been untainted by fossil fuel industry against it. Before I get into the substance of my propaganda attacks that have been I saw what NAFTA did to my State remarks, I note that this will be the problematic in other areas. The signals and what it did to our country in the last ‘‘Time to Wake Up’’ speech during are untainted for good reason, because number of lost manufacturing jobs. which Adena Leibman will be with me. it is hard to dispute sea level rise States in the industrial Midwest still She has been closely involved in all of measured with tide gauges all around have not recovered from that legisla- my office’s oceans work. She has, in- the country. It is hard to dispute acidi- tion, from that trade agreement—the deed, led it. She came to my office as a fication that is measured with the kind North American Free Trade Agree- Knauss fellow. of pH test kit that a middle school ment. During the Clinton administra- We loved Dean Knauss in Rhode Is- science classroom has, and it is hard to tion, I opposed the President of my land. He was the dean of the Graduate dispute rising ocean temperatures that own party on this. In the Bush admin- School of Oceanography at the Univer- are measured with that complex, ana- istration, the other party pushed the sity of Rhode Island. In working with lytical device—the thermometer. Even one for Central America. There was one Senator Pell, he helped to launch the fossil fuel industry has trouble after another after another of these NOAA, helped to start the Sea Grant fouling the climate signals from our trade agreements, and we see the lost Program, and was extremely signifi- oceans. jobs. President Trump made a huge cant in the ocean work of our govern- The recent ‘‘Special Report on the campaign promise that he was going to ment. So one being a Knauss fellow— Ocean and Cryosphere in a Changing do something about it, and this agree- one of the Knauss legacies—is a really Climate’’ confirms through grim data ment simply doesn’t do it. big deal and is a particularly big deal that the health of our oceans is in We have talked to the U.S. Trade in Rhode Island. rapid decline, and it confirms that Representative repeatedly about en- Adena has been coordinating the these changes are caused not by nature forcing labor standards. The whole oceans work now for 4 years and has but by man. Headlines extracted from point of fixing this agreement is so also been coordinating our appropria- the report are pretty alarming. that companies will not shut down in tions work. In the time that Adena has These are quotes: ‘‘The global ocean Mansfield, in Zanesville, and in Lima, been working on this, the bipartisan . . . has taken up more than 90 percent OH, and move to Mexico to build plants Oceans Caucus, which Senator MUR- of the excess heat in the climate sys- there and sell the products back to the KOWSKI and I established, has grown to tem.’’ United States. Yet do you know what 40 Members. It is very bipartisan. It is ‘‘ . . . the rate of ocean warming has is happening? Even the USMCA has no very effective. We set it up as a work- more than doubled.’’ language in it that is going to stop the ing caucus, and it is working. ‘‘Marine heatwaves . . . are increas- outsourcing of jobs. So, if this Congress Adena helped us get the Coastal Re- ing in intensity.’’ moves on the USMCA, you can bet that silience Fund passed into law. It is now ‘‘ . . . the ocean has undergone in- month after month after month, we are producing tens of millions of dollars in creasing ocean acidification.’’ going to lose manufacturing jobs, that grants for coastal communities that ‘‘ . . . mean sea level is rising. . . . ’’ the business plan of shutting down pro- need the support as sea levels rise. ‘‘Increases in tropical cyclone winds duction in Ohio, in Rhode Island, in She helped to get the Save Our Seas and rainfall . . . increases in extreme North or South Dakota, or in Montana Act passed. That was a unanimous ef- waves . . . extreme sea level events and will continue, and that the USMCA fort. DAN SULLIVAN, of Alaska, was a coastal hazards.’’ will not do anything about it. remarkable partner in all of that. The ‘‘ . . . multiple climate-related haz- This is the same President who went participants in that included leaders ards. . . . ’’ to Youngstown, OH, as Lordstown was from landlocked States. Senator As if that is not enough, ‘‘the ocean about to shut down, and said: Don’t sell INHOFE was a real leader on that bill. is projected to transition to unprece- your homes. We are going to bring We had such a good time with it that dented conditions.’’ those jobs back. we are now working on Save Our Seas It is a grim warning. No, we aren’t. GM moved more and 2.0, which today came through the Look at acidification. Ocean acidifi- more jobs to Mexico at the same time Commerce, Science, and Transpor- cation is a chemical phenomenon. It is it shut down the GM plant in tation Committee after having passed not deniable. You can replicate it in a Lordstown, OH. There were 4,500 jobs the Foreign Relations Committee middle school science lab. You can lost. This USMCA is simply a unanimously and the Environment and demonstrate it with your breath and a

VerDate Sep 11 2014 03:59 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.040 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6542 CONGRESSIONAL RECORD — SENATE November 13, 2019 glass of water and an aquarium bubbler And it is global. The New York Times tions Special Envoy for the Ocean, ad- and a pH strip, as I have done from this recently reported new research ‘‘that vised by people like our own former desk. some 150 million people are now living NOAA Administrator, Jane Lubchenko. The oceans absorb around 30 percent on land that will be below the high-tide A recent panel report outlined five of our excess CO2 emissions in a chem- line by mid-century’’—150 million peo- major ocean initiatives that could re- ical interaction that takes up the CO2 ple. duce 20 percent of global emissions by but acidifies the seawater. Off our west A UK study warns global sea level 2050. coast, the humble pteropod is a build- rise could cost $14 trillion annually by The United Nations also declared the ing block in the oceanic food chain. 2100. 2020s the ‘‘Decade of Ocean Science for Studies show the pteropod suffering This is what Freddie Mac has to say Sustainable Development.’’ The world ‘‘severe shell damage,’’ worsened by about this coastal property values has turned toward action on oceans. acidification. It is hard to make and crash: ‘‘The economic losses and social Now, usually, in confronting threats maintain a shell in acidifying seas. disruption of the coastal property val- of this magnitude, the United States Coral reefs are dying from acidifica- ues crash may happen gradually, but sets an example of leadership. We are tion. The great ocean die-offs in geo- they are likely to be greater in total abandoning that tradition. In conversa- logic eras before humans existed were than those experienced in the housing tions about climate change and ocean signaled by ocean acidification. So crisis and Great Recession.’’ For those challenges, the United States is, at that is serious. of us who lived through the 2008 melt- best, absent. At worst, we are the ob- Look at heat. The oceans absorb over down, we don’t want to go there again. struction. That is a mistake. The 90 percent of the excess atmospheric Freddie Mac is forecasting that it is United States should not lose its place going to happen because of coastal heat—not 30 percent like the CO2—that as an international leader, not if we we have trapped in our atmosphere property values. care about our vaunted role as the in- with greenhouse gas emissions. Look here to the Pacific. A new Cli- dispensable Nation and not if we care So think about it. All the terrestrial mate Central study shows that ‘‘chron- about the security and prosperity of effects that we are already seeing from ic coastal flooding or permanent inun- our democracy. climate change come from less than dation threatens areas occupied by It doesn’t have to be this way. Other one-tenth of the excess heat that we more than 10 percent of the current ocean threats have prompted Congress have trapped. The heat going into the population of nations including Ban- to do what is right. We passed inter- oceans is sparing us humans a real ca- gladesh, Vietnam, and many small is- national fisheries treaties and the Port tastrophe, but all that heat is changing land developing states.’’ States Measures enforcement law. We Here is the southern part of Vietnam, the oceans. It is four Hiroshima-size did it unanimously here in the Senate, swallowed up by high tide in 2050. That bombs’ worth of heat energy added to and now satellites are seeking out and was the projection just a few years ago our oceans every second—four Hiro- tracking pirate fishing ships to bring with the flooding that was going to shima explosions worth of heat energy them to justice. come into the Vietnam delta area, up per second is the rate of ocean heating. We passed our first marine plastics here, in Ho Chi Minh City, or Saigon. The rate of this ocean heating has al- legislation unanimously, and a bigger, This is the new projection for 2050—all ready doubled, and the ocean is pro- better marine plastics bill is moving in of it under water, including a good part jected to absorb from five to seven the Senate right. of Saigon City. Now Senator MURKOWSKI and I are times more heat by 2100. So it is heat- As one of the authors of the report moving the biggest ocean data bill ing at the rate at which its heating is said, ‘‘most sea level rise here between since NOAA was founded through our accelerating. now and 2050 is already baked in.’’ Dec- What does that mean? Well, warming bipartisan Oceans Caucus. ades more of sea level rise means the seas expand—that is a basic law of So, yes, we can do better, and we fate of many coastal communities here physics—and along with melting gla- must. and around the world is already sealed, ciers and ice sheets, that means seas Henry Kissinger once told me that which may explain the 2013 warning by rise: so far, about 6 inches globally; on the great revolutions of the world have the commander of our U.S. forces in Rhode Island shores, already nearly a come about from what he called a con- the Pacific that upheaval related to foot. On our current trajectory, that is fluence of resentments. Well, the poor- climate change ‘‘is probably the most more than 3 feet globally by 2100 and est—those who depend most closely on likely thing that is going to happen more than 6 feet along our shores in the oceans, those who lead subsistence . . . that will cripple the security envi- Rhode Island. lives—will suffer most the brunt of the ronment.’’ He said: This is northern Rhode Island. This is coming crisis, and they will resent it. Narragansett Bay, and all of these You have the real potential here in the Look at fisheries. The poorest starve not-too-distant future of nations displaced when their fisheries collapse. Others areas that you see that are blue are by rising sea level. . . . If it goes bad, you land now. They are peoples’ homes. could have hundreds of thousands or millions are distressed when fisheries collapse They are peoples’ businesses. There are of people displaced and then security will but have the resources to migrate or roads and infrastructure—all projected start to crumble pretty quickly. find alternative food sources. For to disappear, all projected to be swal- Well, here it is, as predicted by our wealthy nations, like ours, the fish in lowed by rising seas by the end of the Navy in 2013. our air-conditioned supermarkets may century if we keep fiddling around here Thankfully, countries around the cost a bit more, but our lives aren’t se- and not paying attention. globe are awakening to the problems in riously affected. But when the poor and The First Street Foundation cal- our oceans. In 2015, I fought to protect distressed are hurt like that, they will culates that coastal communities like a mention—a mention—of oceans in resent it. That is human nature, and if these along our east coast and in the the Paris climate agreement. This you turn the pain up high enough, well, Gulf of Mexico States have already lost year’s original host, Chile, christened good luck defending to them the sys- more than $15 billion in relative prop- the entire upcoming climate meeting a tems of parliamentary democracy and erty values as the insurance and mort- ‘‘Blue COP’’ with a blue vision of re- market capitalism that countenanced gage markets start to look at sea level pairing ocean health. their suffering. rise and flooding, and it affects housing I attended, as a U.S. congressional Years ago, Daniel Webster described prices. delegation of one, this year’s inter- the work of our Founders as having set In Rhode Island alone, they estimate national Our Ocean conference in Oslo, the world an example. He went on to about $45 million in relative property where advocates, corporations, and say that ‘‘the last hopes of mankind, value lost. Predicted ahead is a coastal governments from around the world, therefore, rest with us.’’ From Jona- property values crash. That is not com- even the helpless Trump administra- than Winthrop to Ronald Reagan, we ing from an environmental organiza- tion, made national and corporate and have called America ‘‘a city on a hill,’’ tion. That is coming from Freddie Mac, regional ocean commitments. set high for the world to witness. Presi- the great American mortgage corpora- Norway leads a panel of 14 nations— dent Clinton argued that ‘‘people . . . tion. 14 heads of state and the United Na- have always been more impressed by

VerDate Sep 11 2014 03:59 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.041 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6543 the power of our example than the ex- Secretary DeVos’s policy on borrower with their lives as they pursued jus- ample of our power.’’ defense led to her being held in con- tice, survivors were confronted with We still tout our system of democ- tempt of court. Whether Mr. Menashi the trauma of reliving their attack racy and capitalism as a beacon of suc- did not understand Federal law or each time they sought to preserve evi- cess and progress, but we have aided whether he advised the Secretary of dence or gather information about and abetted the failure of our system Education to blatantly ignore it at the their case. to address the climate and oceans cri- expense of students, the fact is that Well, because of Amanda’s efforts, sis. Worst of all is the reason for it— this latest revelation undoubtedly and the Sexual Assault Survivors’ Rights the fossil fuel industry’s menacing cli- unequivocally disqualifies him from Act was created. It was legislation that mate denial apparatus. That apparatus serving a lifetime appointment on a provided for the first legally recognized may have won the day influencing Con- Federal court—or, at least, it should. set of rights for survivors that could be gress for now, but it will surely fail the Tomorrow, the Senate will take a enforced in a court of law. Senator test of time. History will judge harshly critical vote. This is a vote on whether GRASSLEY took that legislation, he in- an American generation that let its de- the Senate once again rubberstamps cluded it in the Adam Walsh Reauthor- mocracy be corrupted by this industry. President Trump’s unprecedented ef- ization Act, and it was signed into law. The voice of the oceans is more last- fort to remake the Federal judiciary on It has provided survivors with greater ing than the greed and folly of man, a partisan ideological basis. It is a vote protections in Federal cases because of and it warns of consequences driven by that shows whether Republicans are focus on notice, on access to evidence, laws of chemistry, physics, and biol- willing to support a judicial nominee and on the preservation of sexual as- ogy. These stern natural laws cannot whose actions—his own actions—have sault evidence collection kits. be repealed or vetoed. Propaganda can been found to violate the law as re- By creating this set of court enforce- manipulate people, passions, and poli- cently as just a few weeks ago. able rights at the Federal level, Con- tics, but propaganda cannot change the I implore my Republican colleagues gress established a model for the immutable laws of nature. The data are to consider not just Mr. Menashi’s States to adopt similar legislation to the voice of the oceans, and if data record of bigotry and the harm he protect the rights of survivors. So far, could scream, the oceans would now be helped cause to cheated and defrauded 21 States, including my home State of screaming. students, but also his blatant disregard New Hampshire, have adopted that leg- So to paraphrase a poem, let us be of the rule of law. islation to guarantee survivors certain the ‘‘voice the sea would have if it had When casting their vote, I ask my basic rights in the criminal justice sys- not a better one: as it lifts . . . its rum- colleagues not to worry about what the tem. bling, deep-structured roar.’’ Let us President might say on , but to Now, unfortunately, we are trying to figure out how to encourage other wake up and get to our duty. worry about the rule of law and to States to follow the lead of Congress, ‘‘Slap Nature,’’ Pope Francis said, worry about the idea yet another par- States that have not yet adopted legis- ‘‘and she will slap you back.’’ We have tisan nominee getting a lifetime on the lation protecting survivors. That is a hell of a slap coming if we don’t get Federal bench who doesn’t. It is that why the bill that Senator GRASSLEY ahead of this, and we better wake up to simple. and I are here to discuss today is so it. Thank you, Mr. President. I yield the floor. I yield the floor. critically important. The Survivors’ The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Bill of Rights in the States Act, the ator from Washington. ator from New Hampshire. legislation we are cosponsoring, would establish a grant program accessible to NOMINATION OF STEVEN J. MENASHI SURVIVORS’ BILL OF RIGHTS IN THE STATES ACT States that have in place a law which Mrs. MURRAY. Mr. President, I have OF 2019 guarantees the rights contained in the come here before to call out Senate Re- Mrs. SHAHEEN. Mr. President, I am Sexual Assault Survivors’ Rights Act. pleased to join Mr. GRASSLEY from publicans and their unwavering sup- The grand amount would be a per- Iowa on the floor today to talk about port for President Trump’s efforts to centage of the funding that the State important legislation that we are co- pack our courts with partisan and ideo- receives under the Stop Violence sponsoring that built upon previous ef- logically driven picks, but the nominee Against Women Formula Grant Pro- forts that both of us were engaged in to I am speaking against today is truly gram. States could then use the funds uniquely unfit to serve a lifetime ap- protect survivors of sexual assault in to implement survivor rights, preserve pointment—a lifetime appointment— the criminal justice system. The ef- sexual assault evidence collection kits, on a Federal court: Steven Menashi. forts to extend rights to sexual assault reduce the backlog of kits, and provide Mr. Menashi has a deeply disturbing survivors across the country is criti- support for victim services. history of disparaging comments cally important, and I am hopeful that, Congress has previously passed legis- against women, communities of color, once our legislation is known to our lation using the Stop Formula Grants immigrants, and the LGBTQI commu- colleagues, that they will join us in to incentivize States to adopt legisla- nity. passing this important bipartisan bill. tion, and this is the perfect example of He unabashedly helped to roll back Amanda Nguyen of the Rise organiza- why that kind of an approach would be protections for vulnerable commu- tion initially contacted our office in successful. No survivor should be com- nities. He defiantly refused to answer 2015. I know she also worked with Sen- pelled to bear the indignity of peti- basic questions from U.S. Senators, ator GRASSLEY. When she came to us tioning law enforcement merely to en- both Democrats and Republicans, and detailed her harrowing story of sure that they are given a fair shake in about the policies he worked on while sexual assault, she was raped, and then the criminal justice process. It is my advising the President. He has time she felt like she was raped again by a hope that this legislation will lead to and again put extremism and ideology criminal justice system that was not an increase in States passing bills to ahead of the rule of law, and he has responsive to the challenges of sur- protect survivors’ rights. proven himself incapable of serving as vivors of sexual assault. Amanda de- I think it is important that Congress a fair and impartial judge. scribed the system that further trau- again show survivors that we are be- As if his record of extremism and matized survivors and provided scarce hind them, that we will stand up with partisanship wasn’t bad enough, we protections for their rights. them for their rights. The Survivors’ now know that Steven Menashi not Evidence of assault was being de- Bill of Rights in the States Act would only helped but was the key architect stroyed without survivors’ consent, and do just that. in Secretary DeVos’s efforts to ille- survivors were forced to periodically I am so pleased to be joining Senator gally deny relief to student borrows follow up with law enforcement to pre- GRASSLEY in this effort. I think, with who were cheated by predatory for- serve that evidence. The broken proc- this bipartisan support, we can get sup- profit colleges. These policies that Mr. ess that survivors were forced to en- port from all of our colleagues to enact Menashi provided ‘‘legal advice’’ for dure resulted in a system where they this follow-on legislation into law and were subsequently ruled to be in viola- were often re-victimized. Instead of a provide the additional support that tion of Federal law. process that helped them move forward survivors need.

VerDate Sep 11 2014 03:59 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.043 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6544 CONGRESSIONAL RECORD — SENATE November 13, 2019 Thank you, Mr. President. sex crimes at the State level. Such Senators MORAN and BLUMENTHAL I yield to my colleague, Senator rights include, for example, the right worked closely with me to secure the GRASSLEY. to know the results of your forensic inclusion of multiple provisions of my The PRESIDING OFFICER. The Sen- exam, the right to have evidence pre- SAFESPORT Act in their bill, which ator from Iowa. served for a certain period, and the cleared the Commerce Committee this Mr. GRASSLEY. Mr. President, first right to notice before your forensic kit morning with unanimous bipartisan of all, it is a pleasure to work with is destroyed. support. Every one of these provisions Senator SHAHEEN on this bill. I am A State also may use its Justice De- is designed to ensure that the U.S. Cen- very happy to work together. We have partment grants to preserve sexual as- ter for SafeSport, which is tasked by the same goals in mind. For the cyn- sault evidence kits, reduce the number Congress with investigating abuse of ical people outside of Washington, DC, of kits awaiting testing, and extend ad- athletes in amateur sports, continues that say there is never any Republican ditional assistance to crime victims on its current track of excellence. I ex- or Democratic cooperation, there is under our legislation. Finally, the tend my sincere appreciation to both kind of a rule around here that Senator measure we introduced authorizes 20 subcommittee leaders for their hard SHAHEEN and I are examples of, but it million annually for each of the fiscal work on S. 2330 and for collaborating applies to all 100 Senators. years 2021 through 2024 to support the with me to improve their bipartisan If you really want to get something implementation of the new grant pro- bill. done, you have to seek bipartisanship gram established by this bill. I urge my First, the SAFESPORT Act would enhance child abuse reporting, by en- in this body. I can quantify that in this colleagues to join us in cosponsoring suring that the Center for SafeSport is way. There are 53 Republicans. There the Survivors’ Bill of Rights in the subject to the same mandatory report- are 47 Democrats. But if there were 53 States Act of 2019. ing requirements as other professionals Democrats and 47 Republicans, the I thank Senator SHAHEEN for joining who work with children, under the Fed- same rule would apply. in this effort and leading this bill and, About 99 percent of the legislation eral Victims of Child Abuse Act. By most importantly, to compliment her law, this center is tasked with receiv- that gets done around here has to have over a long period of time in the Sen- 60 votes to stop debate before you can ing and investigating complaints of ate—and probably even before she came sexual abuse in amateur sports, which even vote on the bill. So obviously, to the Senate—her commitment to even if all 53 Republicans were voting is why its personnel should have to re- working with me and with people gen- port suspected crimes against children together—and that doesn’t happen very erally on the issue of increased protec- often—you still wouldn’t get the 60 to the authorities. tion for victims of sexual assault. Second, this bill ensures that the votes to pass a piece of legislation. So Again, I thank Congresswoman Center for SafeSport, a private organi- that is why almost every major piece SPEIER and her staff for initiating this zation that already receives millions of legislation that gets through here— measure in the House and for working annually in revenue from the Olympic and this example of Shaheen-Grassley so hard to develop a bicameral, bipar- community—and which would receive is just another example—it is because tisan measure, and I thank Senator $20 million annually, at the direction you seek bipartisanship, and it is just SHAHEEN once again. of Congress, if the Moran-Bhimenthal nice that it has to be that way. I yield the floor. bill is enacted—is subject to an annual So addressing this issue, I can say I The PRESIDING OFFICER. The ma- audit by an independent auditor. Such associate myself with the remarks of jority leader. an audit is highly recommended by Senator SHAHEEN and sit down, but f charity watchdog groups for the high- there is kind of a rule around the Sen- LEGISLATIVE SESSION est functioning nonprofit organiza- ate. Everything that has been said on tions. It is also a standard requirement this bill has been said, but I haven’t for almost any nonprofit charitable or- said it yet, and I am going to say it. MORNING BUSINESS ganization receiving Federal grant I recently introduced S. 2770, known awards of more than $750,000 annually. as the Survivors’ Bill of Rights in the Mr. MCCONNELL. Mr. President, I My legislation also calls for the Center States Act of 2019, with Senator SHA- ask unanimous consent that the Sen- for SafeSport to implement any correc- HEEN and Senator TILLIS. This measure ate proceed to legislative session and tive actions recommended by the audi- is a companion to what Congress- be in a period of morning business, tor each year or explain why it dis- woman SPEIER developed and intro- with Senators permitted to speak for agrees with the recommendations. duced in the other Chamber. It builds up to 10 minutes each. Third, this legislation subjects the on legislation entitled the Survivors’ The PRESIDING OFFICER. Without Center for SafeSport to certain trans- Bill of Rights Act that we adopted in objection, it is so ordered. parency requirements, ensuring, for ex- 2016. f ample, that this organization reports As chairman of the Senate Judiciary SAFESPORT ACT OF 2019 to Congress annually with a detailed Committee in the last Congress, I account of its activities, any changes worked closely with a young woman, Mr. GRASSLEY. Mr. President, this in its financial standing, and a correc- Amanda Nguyen, on the development week I introduced S. 2838 with Senators tive action plan to implement auditor of that 2016 measure prior to its intro- ERNST, BLACKBURN, SULLIVAN, MUR- recommendations, if any. We are enti- duction. Amanda, a survivor of sexual KOWSKI, and PERDUE. This legislation, tled to know how many complaints the assault, found and leads the nonprofit which we have titled the SAFESPORT organization investigates and resolves organization known as Rise, R-I-S-E. Act of 2019, includes funding account- using the millions of dollars it receives She also worked with Senator SHA- ability, antiretaliation protection, from the U.S. Olympic community HEEN on the same legislation, intro- child abuse reporting, and other reform each year. Such information would be ducing the final version in this Cham- measures. made available to the public, under the ber. We incorporated that 2016 package I want to take this opportunity to SAFESPORT Act. of rights into an amendment that I of- thank the Commerce Committee mem- The Commerce Committee included fered to another measure before the bers who lead the Senate subcommittee all of these accountability, trans- Senate Judiciary Committee. In May with jurisdiction over the Ted Stevens parency, and child abuse reporting pro- 2016, that legislation passed this Cham- Act, along with Commerce Committee visions, as well as the antiretaliation ber 89 to 0. In October 2016, the House Chairman WICKER, for including so language of my SAFESPORT Act in version, which was introduced later, much of my SAFESPORT Act as an the package it approved today. That was signed by the President. amendment to a larger package that antiretaliation language, on which I The bills that we introduced this they developed. That measure is S. collaborated with Senator PETERS, pro- month on the 2016 Survivors’ Bill of 2330, the Empowering Olympic and tects whistleblowers who come forward Rights, it makes each State eligible to Amateur Athletes Act of 2019, spon- and report abuses in amateur sports. I receive a Federal grant to implement a sored by Senators MORAN and thank Senator PETERS for his collabo- similar package of rights for victims of BLUMENTHAL. ration on that language. I am delighted

VerDate Sep 11 2014 03:59 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.044 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6545 we made this progress and look forward the kitchen with his wife, Mary. In dents who were defrauded by their col- to working with the committee to en- truth, he just believed in helping those leges, reverse the Obama administra- sure it is enacted. less fortunate. Tom and Mary founded tion’s regulations on campus sexual as- The only language that the com- the Owens Foundation in 1985, inspired sault, and delay the enforcement of mittee did not accept, due to jurisdic- by the work of Saint Mother Teresa of rules designed to ensure that students tional concerns raised by Senators Calcutta. Tom and Mary enjoyed a of color with disabilities are treated BLUMENTHAL and MORAN, was the grant friendship with Mother Teresa and fairly. And while at the White House accountability language in the were instrumental in supporting Mis- Counsel’s Office, Mr. Menashi has ad- SAFESPORT Act. One section of my sionary of Charity projects in Chicago, vised on the administration’s efforts to bill, which bars nonprofits receiving Arizona, and Tijuana, Mexico, to al- end the deferred enforced departure Justice Department grants from stash- leviate poverty and provide hope to program for Liberians and to restrict ing funds in offshore accounts for tax those in need. access to asylum. avoidance purposes, among other re- In the early 1990s, Tom retired from a I am also concerned that, despite a quirements, has cleared the Judiciary successful business and having spent 20 request from all of the Democratic Committee with bipartisan support on years as an IBM executive. Many peo- Senators on the Judiciary Committee, multiple occasions. Chairman GRAHAM ple would have considered slowing Mr. Menashi has refused to provide in- approved its inclusion in the Com- down after that, but not Tom. That formation about his knowledge or in- merce package, and Ranking Member same year he retired, he founded Cara volvement in the events related to the FEINSTEIN has cosponsored similar lan- Chicago. telephone call between President guage on multiple occasions. So I am Tom started Cara out of the back of Trump and Ukrainian President disappointed that these reforms were his car. He drove shelter to shelter, Zelensky on July 25, 2019. omitted from S. 2330 today. Senators connecting women with business col- It is for these reasons that I am un- BLACKBURN and SULLIVAN, who joined leagues and contacts he had accumu- able to support Mr. Menashi’s con- with me in seeking the inclusion of lated over the years. Nearly 30 years firmation. that grant accountability language in later, Cara is a world-class job training (At the request of Mr. SCHUMER, the that Commerce Committee package and placement program, helping more following statement was ordered to be today, have called for adding it to S. than 6,000 people into more than 10,000 printed in the RECORD.) 2330 before its floor consideration. jobs. f I look forward to working with the Cara is the Gaelic word for friend, leaders of the Commerce Committee to and this program helps give people a VOTE EXPLANATION achieve that goal. The only other key professional friend when they need it ∑ Ms. HARRIS. Mr. President, I was ab- provision of my SAFESPORT Act that most. sent, but had I been present, I would was not included in S. 2330 would en- Tom earned numerous awards like have voted no on rollcall vote No. 352, able the Attorney General to seek the being one of the Streetwise Founda- the confirmation of Executive Calendar removal of officers and directors of the tion’s 20 Most Inspirational No. 464, William Joseph Nardini, of Center for SafeSport, in the event Chicagoans. He also was Leo High Connecticut, to be U.S. circuit judge these individuals engage in serious School’s Lifetime Achievement Award for the Second Circuit. misconduct or material violations of winner in 2018. Leo High School’s Mr. President, I was absent, but had the Ted Stevens Act. motto is Facta non Verba, meaning I been present, I would have voted no I urge my colleagues to join me in co- Deeds not Words. Tom’s work as one of on rollcall vote No. 351, the confirma- sponsoring S. 2838, the SAFESPORT the most caring people I have known tion of Executive Calendar No. 365, Act, which is so important to ensure speaks for itself. Jennifer Philpott Wilson, of Pennsyl- that the organization tasked by Con- Tom liked to say, ‘‘Don’t just make vania, to be U.S. district judge for the gress with protecting amateur athletes it a good day . . . make it a great day!’’ Middle District of Pennsylvania. retains its current, high standard of ex- Many people have great days because Mr. President, I was absent, but had cellence. I, again, thank Senator of his work. I been present, I would have voted no PETERS as well as my cosponsors, par- Tom is survived by his wife, five chil- on rollcall vote No. 355, the motion to ticularly Senators BLACKBURN and SUL- dren, 22 grandchildren, and the thou- invoke cloture on Executive Calendar LIVAN, for helping me negotiate for the sands of people who have better days No. 486, Steven J. Menashi, of New inclusion of so many provisions of the because of Tom. York, to be U.S. circuit judge for the SAFESPORT Act in the bipartisan f Second Circuit.∑ measure that cleared the Commerce (At the request of Mr. INHOFE, the NOMINATION OF STEVEN J. Committee. I also want to thank my following statement was ordered to be MENASHI committee staff, including Kolan printed in the RECORD.) Davis, Evelyn Fortier, Rachael Ms. KLOBUCHAR. Mr. President, I f Soloway, and Dario Camacho for their rise today to join many of my col- leagues who have come to the floor to NATIONAL DEFENSE hard work on this measure. Finally, I AUTHORIZATION ACT thank the organizations, such as Fair- express my opposition to the nomina- ness, Dignity & Respect for Crime Vic- tion of Steven Menashi to U.S. circuit ∑ Mr. ROUNDS. Mr. President, today I tims & Survivors Project, which en- judge for the Second Circuit. join my fellow Senate Armed Services dorsed this legislation, as well as the I am disappointed that Mr. Menashi’s Committee subcommittee chairs in ex- Athletes Advisory Council, which nomination has moved forward even pressing my serious concerns with the worked with us on the antiretaliation though he lacks the support of his possibility that congress might not provisions. home State senators. In the rush to pass a National Defense Authorization f confirm judges like Mr. Menashi, the Act, NDAA, for fiscal year 2020. Senate has chipped away at the tradi- For more than five decades, the REMEMBERING THOMAS M. OWENS tions that allow us to properly advise NDAA has been signed into law with Mr. DURBIN. Mr. President, on Sep- and consent on nominations, which is bipartisan support. We had our dif- tember 29, Thomas Owens of Chicago our responsibility under the Constitu- ferences, but if we fail to pass the passed away, leaving a legacy of faith, tion. NDAA this year, what kind of message philanthropy, and friendship. He was Today, we are considering a nominee does that send to the men and women an innovator and an advocate for help- whose record has raised several con- who, in many cases, are risking their ing people. Tom was dedicated to the cerning issues. While working as Prin- lives for our national security? Fur- biblical proverb, ‘‘To whom much is cipal Deputy General Counsel and as ther, they will receive this message at given, much is expected.’’ Acting General Counsel at the Depart- a time of heightened strategic competi- Tom used to joke that he entered ment of Education, Menashi advised tion with China and Russia and a con- philanthropic ventures because he Secretary DeVos on the Department’s tinued need to support our allies and spent too much time hovering around efforts to withhold debt relief for stu- partners. Meanwhile, we must continue

VerDate Sep 11 2014 03:59 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.031 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6546 CONGRESSIONAL RECORD — SENATE November 13, 2019 to rebuild the readiness of our Armed tionism and enact this must-pass legis- (other than gun rests) or for automatic tar- Forces and take care of our troops and lation.∑ geting, and specially designed parts and com- their families. f ponents therefor. With regard to rebuilding our readi- (i) Technical data (see § 120.10 of this sub- ARMS EXPORT CONTROL ACT chapter) and defense services (see § 120.9 of ness, I remember the recent and sig- NOTIFICATION nificant dip in the readiness of our B– this subchapter) directly related to the de- Mr. RISCH. Mr. President, in keeping fense articles described in this category and 1B bomber fleet at Ellsworth Air Force classified technical data directly related to Base in South Dakota. While the Air with the committee’s intention to see that relevant information is available items controlled in ECCNs 0A501, 0B501, Force has reversed that trend, it re- 0D501, and 0E501 and defense services using mains an example of the wear and tear to the full Senate, I ask unanimous the classified technical data. (See § 125.4 of on our forces after 18 years of war. Now consent to have printed in the RECORD this subchapter for exemptions.) is not the time to go backward by fail- at this point the notifications which (j)–(w) [Reserved] ing, for the first time in 58 years, to have been received. (x) Commodities, software, and technology pass a National Defense Authorization There being no objection, the mate- subject to the EAR (see § 120.42 of this sub- Act. rial was ordered to be printed in the chapter) used in or with defense articles. NDAA is must-pass legislation, as it RECORD, as follows: Note to paragraph (x): Use of this paragraph has been every year for over half a cen- UNITED STATES DEPARTMENT OF STATE, is limited to license applications for defense tury. That is why Chairman INHOFE in- Washington, DC. articles where the purchase documentation troduced his ‘‘skinny’’ NDAA. The Hon. JAMES E. RISCH, Chairman, includes commodities, software, or tech- Committee on Foreign Relations, nology subject to the EAR (see § 123.1(b) of NDAA is typically bipartisan, and it this subchapter). should stay that way. I am hopeful we U.S. Senate, Washington, DC. DEAR MR. CHAIRMAN: Pursuant to Section Note to Category I: The following interpre- will find a final agreement. 38(f)(1) of the Arms Export Control Act (22 tations explain and amplify the terms used This is about more than the NDAA. U.S.C. 2778(f)(1)), the Department is trans- in this category: It is also about Defense appropriations. mitting herewith notification of the inten- (1) A firearm is a weapon not over .50 cal- In that regard, I will not vote for an- tion to transfer jurisdictional control of cer- iber (12.7 mm) which is designed to expel a other continuing resolution with its tain classes of item currently on the United projectile by the deflagration of propellant; distinctive impact on our national se- States Munitions List (USML) to the Com- (2) A fully automatic firearm or shotgun is curity. merce Control List (CCL). any firearm or shotgun that shoots, is de- As chairman of the Cybersecurity Attached for your reference are the fol- signed to shoot, or can readily be restored to Subcommittee of the Senate Armed lowing documents: a summary of the revi- shoot, automatically more than one shot, Services Committee, I am particularly sions to the USML; the final regulatory text without manual reloading, by a single func- of Categories I, II and III; line-in/line-out tion of the trigger; and concerned about what failure to enact comparison of the current and revised USML (3) Caseless ammunition is firearm ammu- NDAA 2020 would mean for our cyberse- Categories I, II and III; the Department of nition without a cartridge case that holds curity. Some vital cybersecurity meas- Commerce’s revised companion regulatory the primer, propellant, and projectile to- text; and a summary of the controls for ures in the NDAA passed by the Senate gether as a unit. include the following: critical funding major defense equipment. for United Stated Cyber Command, Sincerely, Category II—Guns and Armament CYBERCOM, infrastructure develop- MARY ELIZABETH TAYLOR, (a) Guns and armament greater than .50 ment. In a sense, CYBERCOM is at war Assistant Secretary, Bureau of Legislative caliber (12.7 mm), as follows: Affairs. * (1) Guns, howitzers, artillery, and can- every day, operating in our enemies’ Enclosures. backyards to negate or at least reduce nons; Billing Code 4710–25 * (2) Mortars; their ability to attack the United DEPARTMENT OF STATE * (3) Recoilless rifles; States. It is not a coincidence that 22 CFR Parts 121, 123, 124, 126, and 129 there was no successful interference in [Public Notice 10603] * (4) Grenade launchers; or our 2018 mid-term elections. We can RIN 1400–AE30 (5) Developmental guns and armament thank the men and women of International Traffic in Arms Regulations: greater than .50 caliber (12.7 mm) funded by U.S. Munitions List the Department of Defense and specially de- CYBERCOM for that. Now is not the Categories I, II, and III signed parts and components therefor. time to deny them what they need to AGENCY: Department of State. Note 1 to paragraph (a)(5): This paragraph Final rule. boost their capabilities. Our adver- ACTION: does not control guns and armament greater saries and enemies will surely boost § 121.1 The United States Munitions List. ***** than .50 caliber (12.7 mm); (a) in production; theirs; development of a consistent, Category I—Firearms and Related Articles (b) determined to be subject to the EAR via a commodity jurisdiction determination (see comprehensive framework to enhance * (a) Firearms using caseless ammunition. the cybersecurity of the U.S. defense * (b) Fully automatic firearms to .50 cal- § 120.4 of this subchapter); or (c) identified in industrial base after disastrous theft of iber (12.7 mm) inclusive. the relevant Department of Defense contract critical defense information relating to * (c) Firearms specially designed to inte- or other funding authorization as being de- grate fire control, automatic tracking, or veloped for both civil and military applica- development of an important new tions. weapon system. I am concerned there automatic firing (e.g., Precision Guided Fire- arms). Note 2 to paragraph (a)(5): Note 1 does not may be other ongoing such instances of Note to paragraph (c): Integration does not apply to defense articles enumerated on the which we are not even aware; a consor- include only attaching to the firearm or rail. U.S. Munitions List, whether in production tium of universities, to include Dakota * (d) Fully automatic shotguns regardless or development. State University in Madison, SD, to ad- of gauge. Note 3 to paragraph (a)(5): This provision is vise and assist the Secretary of Defense * (e) Silencers, mufflers, and sound suppres- applicable to those contracts or other fund- on cybersecurity matters; authoriza- sors. ing authorizations that are dated [INSERT (f) [Reserved] tion for the armed services to use oper- DATE ONE YEAR AFTER PUBLICATION IN (g) Barrels, receivers (frames), bolts, bolt THE FEDERAL REGISTER], or later. ation and maintenance funds for the carriers, slides, or sears specially designed Note 1 to paragraph (a): This paragraph does rapid creation testing, fielding, and op- for the articles in paragraphs (a), (b), and (d) not include: Non-automatic and non-semi- eration of new cyber capabilities; and of this category. (h) Parts, components, accessories, and at- automatic rifles, carbines, and pistols be- completion of the work of the Cyber- tween .50 (12.7 mm) and .72 caliber (18.288 space Solarium Commission charged tachments, as follows: (1) Drum and other magazines for firearms mm) that are controlled on the CCL under with evaluating divergent approaches to .50 caliber (12.7 mm) inclusive with a ca- ECCN 0A501; shotguns controlled on the CCL to defending the United States in pacity greater than 50 rounds, regardless of under ECCN 0A502; black powder guns and cyberspace and driving consensus to- jurisdiction of the firearm, and specially de- armaments manufactured between 1890 and ward a comprehensive strategy. signed parts and components therefor; 1919 controlled on the CCL under ECCN These are just some of the cybersecu- (2) Parts and components specially de- 0A602; or black powder guns and armaments rity related measures that will have to signed for conversion of a semiautomatic manufactured earlier than 1890. wait another year, unless Congress firearm to a fully automatic firearm; Note 2 to paragraph (a): Guns and armament (3) Parts and components specially de- when integrated into their carrier (e.g., sur- passes NDAA 2020. When added to the signed for defense articles described in para- face vessels, ground vehicles, or aircraft) are concerns noted by my fellow chairs, it graphs (c) and (e); or controlled in the category associated with should be clear to all that now is the (4) Accessories or attachments specially the carrier. Self-propelled guns and arma- time to put aside partisan obstruc- designed to automatically stabilize aim ment are controlled in USML Category VII.

VerDate Sep 11 2014 07:41 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.037 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6547 Towed guns and armament and stand-alone and specially designed parts and components (10) Developmental ammunition funded by guns and armament are controlled under this therefor; the Department of Defense and specially de- category. (15) Prime power generation, energy stor- signed parts and components therefor. (b) Flamethrowers with an effective range age, thermal management, conditioning, Note 1 to paragraph (a)(10): This paragraph greater than or equal to 20 meters. switching, and fuel-handling equipment, and does not control ammunition: (a) in produc- (c) [Reserved] the electrical interfaces between the gun tion; (b) determined to be subject to the EAR * (d) Kinetic energy weapon systems spe- power supply and other turret electric drive via a commodity jurisdiction determination cially designed for destruction or rendering components specially designed for kinetic (see § 120.4 of this subchapter); or (c) identi- mission-abort of a target. weapons controlled in paragraph (d) of this fied in the relevant Department of Defense Note to paragraph (d): Kinetic energy weap- category; contract or other funding authorization as ons systems include but are not limited to (16) Kinetic energy weapon target acquisi- being developed for both civil and military launch systems and subsystems capable of tion, tracking fire control, and damage as- applications. accelerating masses larger than 0.1g to ve- sessment systems and specially designed Note 2 to paragraph (a)(10): Note 1 does not locities in excess of 1.6 km/s, in single or parts and components therefor; or apply to defense articles enumerated on the rapid fire modes, using methods such as: * (17) Any part, component, accessory, at- U.S. Munitions List, whether in production Electromagnetic, electrothermal, plasma, tachment, equipment, or system that: or development. light gas, or chemical. This does not include (i) Is classified; Note 3 to paragraph (a)(10): This provision is launch systems and subsystems used for re- (ii) Contains classified software; or applicable to those contracts or other fund- search and testing facilities subject to the (iii) Is being developed using classified in- ing authorizations that are dated [INSERT EAR, which are controlled on the CCL under formation. DATE ONE YEAR AFTER PUBLICATION IN ECCN 2B232. ‘‘Classified’’ means classified pursuant to THE FEDERAL REGISTER], or later. (e) Signature reduction devices specially Executive Order 13526, or predecessor order, (b) Ammunition/ordnance handling equip- designed for the guns and armament con- and a security classification guide developed ment specially designed for the articles con- trolled in paragraphs (a), (b), and (d) of this pursuant thereto or equivalent, or to the trolled in this category, as follows: category (e.g., muzzle flash suppression de- corresponding classification rules of another (1) Belting, linking, and de-linking equip- vices). government or intergovernmental organiza- ment; or (f)–(i) [Reserved] tion. (2) Fuze setting devices. (j) Parts, components, accessories, and at- (k) Technical data (see § 120.10 of this sub- (c) [Reserved] tachments, as follows: chapter) and defense services (see § 120.9 of (d) Parts and components for the articles (1) Gun barrels, rails, tubes, and receivers this subchapter) directly related to the de- in this category, as follows: specially designed for the weapons controlled fense articles described in paragraphs (a), (1) Projectiles that use pyrotechnic tracer in paragraphs (a) and (d) of this category; (b), (d), (e), and (j) of this category and clas- materials that incorporate any material hav- (2) Sights specially designed to orient indi- sified technical data directly related to ing peak radiance above 710 nm or are incen- rect fire weapons; items controlled in ECCNs 0A602, 0B602, diary or explosive; (3) Breech blocks for the weapons con- 0D602, and 0E602 and defense services using (2) Shotgun projectiles that are flechettes, trolled in paragraphs (a) and (d) of this cat- the classified technical data. (See § 125.4 of incendiary, tracer, or explosive; egory; this subchapter for exemptions.) Note to paragraph (d)(2): This paragraph (4) Firing mechanisms for the weapons con- (1)–(w) [Reserved] does not include explosive projectiles spe- trolled in paragraphs (a) and (d) of this cat- (x) Commodities, software, and technology cially designed to produce noise for scaring egory and specially designed parts and com- subject to the EAR (see § 120.42 of this sub- birds or other pests (e.g., bird bombs, whis- ponents therefor; chapter) used in or with defense articles. tlers, crackers). (5) Systems for firing superposed or Note to paragraph (x): Use of this paragraph (3) Projectiles of any caliber produced from stacked ammunition and specially designed is limited to license applications for defense depleted uranium; parts and components therefor; articles where the purchase documentation (4) Projectiles not specified above, guided (6) Servo-electronic and hydraulic ele- includes commodities, software, or tech- or unguided, for the items controlled in vation adjustment mechanisms; nology subject to the EAR (see § 123.1(b) of USML Category II, and specially designed (7) Muzzle brakes; this subchapter). parts and components therefor (e.g., fuzes, (8) Bore evacuators; rotating bands, cases, liners, fins, boosters); (9) Independent ammunition handling sys- Category III—Ammunition and Ordnance (5) Canisters or sub-munitions (e.g., tems for the guns and armament controlled (a) Ammunition, as follows: bomblets or minelets), and specially de- in paragraphs (a), (b), and (d) of this cat- *(1) Ammunition that incorporates a pro- signed parts and components therefor, for egory; jectile controlled in paragraph (d)(1) or (3) of the guns or armament controlled in USML (10) Components for independently powered this category; Category II; ammunition handling systems and platform *(2) Ammunition preassembled into links (6) Projectiles that employ tips (e.g., interface, as follows: or belts; M855A1 Enhanced Performance Round (i) Mounts; *(3) Shotgun ammunition that incor- (EPR)) or cores regardless of caliber, pro- (ii) Carriages; porates a projectile controlled in paragraph duced from one or a combination of the fol- (iii) Gun pallets; (d)(2) of this category; lowing: tungsten, steel, or beryllium copper (iv) Hydro-pneumatic equilibration cyl- *(4) Caseless ammunition manufactured alloy; inders; or with smokeless powder; (7) Cartridge cases, powder bags, or com- (v) Hydro-pneumatic systems capable of Note to paragraph (a)(4): Caseless ammuni- bustible cases specially designed for the scavenging recoil energy to power howitzer tion is ammunition without a cartridge case items controlled in USML Category II; functions; that holds the primer, propellant, and pro- (8) Non-metallic cases, including cases that Note to paragraph j(10): For weapons jectile together as a unit. have only a metallic base, for the ammuni- mounts specially designed for surface vessels *(5) Ammunition, except shotgun ammuni- tion controlled in paragraph (a)(5) of this and special naval equipment, see Category tion, based on non-metallic cases, or non-me- category; VI. For weapons mounts specially designed tallic cases that have only a metallic base, (9) Cartridge links and belts for fully auto- for ground vehicles, see Category VII. which result in a total cartridge mass 80% or matic firearms and guns controlled in USML (11) Ammunition containers/drums, ammu- less than the mass of a brass- or steel-cased Categories I or II; nition chutes, ammunition conveyor ele- cartridge that provides comparable ballistic (10) Primers other than Boxer, Berdan, or ments, ammunition feeder systems, and am- performance; shotshell types; munition container/drum entrance and exit *(6) Ammunition employing pyrotechnic Note to paragraph (d)(10): This paragraph units, specially designed for the guns and ar- material in the projectile base or any ammu- does not control caps or primers of any type mament controlled in paragraphs (a), (b), nition employing a projectile that incor- in use prior to 1890. and (d) of this category; porates tracer materials of any type having (11) Safing, arming, and fuzing components (12) Systems and equipment for the guns peak radiance above 710 nm and designed to (to include target detection and proximity and armament controlled in paragraphs (a) be observed primarily with night vision opti- sensing devices) for the ammunition in this and (d) of this category for use in program- cal systems; category and specially designed parts there- ming ammunition, and specially designed *(7) Ammunition for fully automatic fire- for; parts and components therefor; arms that fire superposed or stacked projec- (12) Guidance and control components for (13) Aircraft/gun interface units to support tiles or for guns that fire superposed or the ammunition in this category and spe- gun systems with a designed rate of fire stacked projectiles; cially designed parts therefor; greater than 100 rounds per minute and spe- *(8) Electromagnetic armament projectiles (13) Terminal seeker assemblies for the cially designed parts and components there- or billets for weapons with a design muzzle ammunition in this category and specially for; energy exceeding 5 MJ; designed parts and components therefor; (14) Recoil systems specially designed to *(9) Ammunition, not specified above, for (14) Illuminating flares or target practice mitigate the shock associated with the firing the guns and armaments controlled in Cat- projectiles for the ammunition controlled in process of guns integrated into air platforms egory II; or paragraph (a)(9) of this category; or

VerDate Sep 11 2014 03:59 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.043 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6548 CONGRESSIONAL RECORD — SENATE November 13, 2019 * (15) Any part, component, accessory, at- * (g) Barrels, øcylinders,¿ receivers the primer, propellant, and projectile to- tachment, equipment, or system that: (frames), bolts, bolt carriers, slides, or sears øor gether as a unit. (i) Is classified; complete breech mechanisms¿ specially de- øThis coverage by the U.S. Munitions List (ii) Contains classified software; or signed for the articles in paragraphs (a), (b), in paragraphs (a) through (i) of this category (iii) Is being developed using classified in- and øthrough¿ (d) of this category. excludes any non-combat shotgun with a formation. (h) øComponents, p¿ Parts, components, ac- barrel length of 18 inches or longer, BB, pel- ‘‘Classified’’ means classified pursuant to cessories, and attachmentsø¿, as follows: let, and muzzle loading (black powder) fire- Executive Order 13526, or predecessor order, øfor the articles in paragraphs (a) through arms. This category does not cover and a security classification guide developed (g) of this category.¿ riflescopes and sighting devices that are not pursuant thereto or equivalent, or to the (1) Drum and other magazines for firearms to manufactured to military specifications. It corresponding classification rules of another .50 caliber (12.7 mm) inclusive with a capacity also excludes accessories and attachments government or intergovernmental organiza- greater than 50 rounds, regardless of jurisdic- (e.g., belts, slings, after market rubber grips, tion. tion of the firearm, and specially designed parts (e) Technical data (see § 120.10 of this sub- cleaning kits) for firearms that do not en- and components therefor; hance the usefulness, effectiveness, or capa- chapter) and defense services (see § 120.9 of (2) Parts and components specially designed this subchapter) directly related to the de- bilities of the firearm, components and for conversion of a semiautomatic firearm to a parts. The Department of Commerce regu- fense articles enumerated in paragraphs (a), fully automatic firearm; (b), and (d) of this category and classified lates the export of such items. See the Ex- (3) Parts and components specially designed port Administration Regulations (15 CFR technical data directly related to items con- for defense articles described in paragraphs (c) trolled in ECCNs 0A505, 0B505, 0D505, and parts 730–799). In addition, license exemp- and (e); or tions for the items in this category are avail- 0E505 and defense services using the classi- (4) Accessories or attachments specially de- able in various parts of this subchapter (e.g., fied technical data. (See § 125.4 of this sub- signed to automatically stabilize aim (other than §§ 123.17, 123.18 and 125.4).¿ chapter for exemptions.) gun rests) or for automatic targeting, and spe- (f)–(w) [Reserved] cially designed parts and components therefor. Category II—Guns and Armament (x) Commodities, software, and technology (i) Technical data (øas defined in¿ see * (a) Guns and armament greater than subject to the EAR (see § 120.42 of this sub- § 120.10 of this subchapter) and defense serv- øover¿ caliber .50 (øi.e.,¿ (12.7 mm), as fol- chapter) used in or with defense articles. ices øas defined in¿ (see § 120.9 of this sub- lows: Note to paragraph (x): Use of this paragraph chapter) directly related to the defense arti- * (1) Guns, howitzers, artillery, and can- is limited to license applications for defense cles described in øparagraphs (a) through (h) nons; articles where the purchase documentation of¿ this category and classified technical data * (2) Mortars; includes commodities, software, or tech- directly related to items controlled in ECCNs * (3) Recoilless rifles; nology subject to the EAR (see § 123.1(b) of 0A501, 0B501, 0D501, and 0E501 and defense * (4) Grenade launchers; or øwhether towed, this subchapter). services using the classified technical data. (See airborne, self-propelled, or fixed, including Note 1 to Category III: This category does § 125.4 of this subchapter for exemptions.) but not limited to, howitzers, mortars, can- not control ammunition crimped without a øTechnical data directly related to the nons, recoilless rifles, and grenade launch- projectile (blank star) and dummy ammuni- manufacture or production of any defense ar- ers¿ tion with a pierced powder chamber. ticles described elsewhere in this category (5) Developmental guns and armament Note 2 to Category III: This category does that are designated as Significant Military greater than .50 caliber (12.7 mm) funded by not control cartridge and shell casings that, Equipment (SME) shall itself be designated the Department of Defense and specially de- prior to export, have been rendered useless SME.¿ signed parts and components therefor. beyond the possibility of restoration for use (j)—(w) [Reserved] øThe following interpre- Note 1 to paragraph (a)(5): This paragraph as a cartridge or shell casing by means of tations explain and amplify the terms used does not control guns and armament greater heating, flame treatment, mangling, crush- in this category and throughout this sub- than .50 caliber (12.7 mm); (a) in production; ing, cutting, or popping. chapter: (b) determined to be subject to the EAR via Note 3 to Category III: Grenades containing ø(1) A firearm is a weapon not over .50 cal- non-lethal or less lethal projectiles are under a commodity jurisdiction determination (see iber (12.7 mm) which is designed to expel a § 120.4 of this subchapter); or (c) identified in the jurisdiction of the Department of Com- projectile by the action of an explosive or merce. the relevant Department of Defense contract which may be readily converted to do so. or other funding authorization as being de- ø Billing Code 4710–25 (2) A rifle is a shoulder firearm which can veloped for both civil and military applica- DEPARTMENT OF STATE discharge a bullet through a rifled barrel 16 22 CFR Parts 121, 123, 124, 126, and 129 tions. inches or longer. Note 2 to paragraph (a)(5): Note 1 does not [Public Notice 10603] ø (3) A carbine is a lightweight shoulder apply to defense articles enumerated on the RIN 1400–AE30 firearm with a barrel under 16 inches in International Traffic in Arms Regulations: U.S. Munitions List, whether in production length. or development. U.S. Munitions List ø(4) A pistol is a hand operated firearm Categories I, II, and III Note 3 to paragraph (a)(5): This provision is AGENCY: Department of State. having a chamber integral with or perma- applicable to those contracts or other fund- ACTION: Final rule. nently aligned with the bore. ing authorizations that are dated [INSERT ø(5) A revolver is a hand operated firearm § 121.1 The United States Munitions List. DATE ONE YEAR AFTER PUBLICATION IN with a revolving cylinder containing cham- ***** THE FEDERAL REGISTER], or later. ø bers for individual cartridges. Category I—Firearms and Related Articles , Note 1 to paragraph (a): This paragraph does Close Assault Weapons and Combat Shot- ø(6) A submachine gun, ‘‘machine pistol’’ ¿ or ‘‘machine gun’’ is a firearm originally de- not include: Non-automatic and non-semi- guns automatic rifles, carbines, and pistols be- * (a) Firearms using caseless ammunition signed to fire, or capable of being fired, fully automatically by a single pull of the trig- tween .50 (12.7 mm) and .72 caliber (18.288 øNonautomatic and semi-automatic firearms mm) that are controlled on the CCL under to caliber .50 inclusive (12.7 mm).¿ ger.¿ (x) Commodities, software, and technology ECCN 0A501; shotguns controlled on the CCL * (b) Fully automatic firearms to .50 cal- under ECCN 0A502; black powder guns and ø ¿ subject to the EAR (see iber inclusive (12.7 mm) inclusive. armaments manufactured between 1890 and * (c) Firearms specially designed to integrate § 120.42 of this subchapter) used in or with 1919 controlled on the CCL under ECCN fire control, automatic tracking, or automatic defense articles. 0A602; or black powder guns and armaments firing (e.g., Precision Guided Firearms) øor Note to paragraph (x): Use of this paragraph manufactured earlier than 1890. other weapons (e.g. insurgency counterinsur- is limited to license applications for defense Note 2 to paragraph (a): Guns and armament gency, close assault weapons systems) hav- articles where the purchase documentation when integrated into their carrier (e.g., sur- ing a special military application regardless includes commodities, software, or tech- face vessels, ground vehicles, or aircraft) are of caliber¿. nology subject to the EAR (see § 123.1(b) of Note to paragraph (c): Integration does not this subchapter). controlled in the category associated with include only attaching to the firearm or rail. Note to Category I: The following interpre- the carrier. Self-propelled guns and arma- * (d) Fully automatic shotguns regardless of tations explain and amplify the terms used ment are controlled in USML Category VII. gauge. in this category: Towed guns and armament and stand-alone øCombat shotguns. This includes any shot- (1) A firearm is a weapon not over .50 cal- guns and armament are controlled under this gun with a barrel length less than 18 inches.¿ iber (12.7 mm) which is designed to expel a category. * (e) Silencers, mufflers, and sound øand projectile by the deflagration of propellant; (b) Flameø¿throwers with an effective flash¿ suppressors øfor the articles in (a) (2) A fully automatic firearm or shotgun is range greater than or equal to 20 meters. through (d) of this category and their specifi- any firearm or shotgun that shoots, is de- øspecifically designed or modified for mili- cally designed, modified or adapted compo- signed to shoot, or can readily be restored to tary application.¿ nents and parts.¿ shoot, automatically more than one shot, (c) [Reserved] øApparatus and devices for (f) [Reserved] without manual reloading, by a single func- launching or delivering ordnance, other than øRiflescopes manufactured to military tion of the trigger; and those articles controlled in Category IV.¿ specifications (See category XII(c) for con- (3) Caseless ammunition is firearm ammu- * (d) Kinetic energy weapon systems spe- trols on night sighting devices.)¿ nition without a cartridge case that holds cially øspecifically¿ designed øor modified¿

VerDate Sep 11 2014 07:41 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.045 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6549 rendering mission-abort of a target. munition feeder systems, and ammunition con- in this category include any article specifi- Note to paragraph (d): Kinetic energy weap- tainer/drum entrance and exit units, specially cally developed, configured, or adpated for ons systems include but are not limited to designed for the guns and armament controlled military applications.¿ launch systems and subsystems capable of in paragraphs (a), (b), and (d) of this category; (x) Commodities, software, and technology accelerating masses larger than 0.1g to ve- (12) Systems and equipment for the guns and subject to the EAR (see § 120.42 of this sub- locities in excess of 1.6 km/s, in single or armament controlled in paragraphs (a) and (d) chapter) used in or with defense articles. rapid fire modes, using methods such as: of this category for use in programming ammu- Note to paragraph (x): Use of this paragraph Electromagnetic, electrothermal, plasma, nition, and specially designed parts and compo- is limited to license applications for defense arti- light gas, or chemical. This does not include nents therefor; cles where the purchase documentation includes launch systems and subsystems used for re- (13) Aircraft/gun interface units to support commodities, software, or technology subject to search and testing facilities subject to the gun systems with a designed rate of fire greater the EAR (see § 123.1(b) of this subchapter). EAR, which are controlled on the CCL under than 100 rounds per minute and specially de- Category III—Ammunition and Ordnance ECCN 2B232. signed parts and components therefor; *(a) Ammunition, as follows: øordnance for (14) Recoil systems specially designed to miti- (e) Signature reduction devices øcontrol ma- the articles in Categories I and II of this sec- gate the shock associated with the firing process terials (e.g., parasitic, structural, coatings, tion.¿ of guns integrated into air platforms and spe- screening) techniques, and equip- *(1) Ammunition that incorporates a projectile cially designed parts and components therefor; ¿ ø ¿ ø controlled in paragraph (d)(1) or (3) of this cat- ment specially specifically designed devel- (15) Prime power generation, energy storage, egory; oped, configured, adapted or modified to thermal management, conditioning, switching, *(2) Ammunition preassembled into links or alter or reduce the signature (e.g., muzzle and fuel-handling equipment, and the electrical belts; flash suppression, radar, infrared, visual, interfaces between the gun power supply and ¿ *(3) Shotgun ammunition that incorporates a laser/electro optical, acoustic) of for the other turret electric drive components specially projectile controlled in paragraph (d)(2) of this guns and armament controlled in paragraphs designed for kinetic weapons controlled in para- category; (a), (b), and (d) of this category (e.g., muzzle graph (d) of this category; ø *(4) Caseless ammunition manufactured with flash suppression devices) defense articles (16) Kinetic energy weapon target acquisition, ¿ smokeless powder; controlled by this category. tracking fire control, and damage assessment ø Note to paragraph (a)(4): Caseless ammunition * (f)—(i) [Reserved] Engines specifically de- systems and specially designed parts and compo- signed or modified for the self-propelled guns is ammunition without a cartridge case that nents therefor; or holds the primer, propellant, and projectile to- and howitzers in paragraph (a) of this cat- *(17) Any part, component, accessory, attach- gether as a unit. egory.¿ ment, equipment, or system that: *(5) Ammunition, except shotgun ammunition, ø(g) Tooling and equipment specifically de- (i) Is classified; signed or modified for the production of de- (ii) Contains classified software; or based on non-metallic cases, or non-metallic fense articles controlled by this category. (iii) Is being developed using classified infor- cases that have only a metallic base, which re- ø(h) Test and evaluation equipment and mation. sult in a total cartridge mass 80% or less than test models specifically designed or modified ‘‘Classified’’ means classified pursuant to Ex- the mass of a brass- or steel-cased cartridge that for the articles controlled by this category. ecutive Order 13526, or predecessor order, and a provides comparable ballistic performance; This includes but is not limited to diagnostic security classification guide developed pursuant *(6) Ammunition employing pyrotechnic mate- instrumentation and physical test models. thereto or equivalent, or to the corresponding rial in the projectile base or any ammunition ø(i) Autoloading systems for electronic classification rules of another government or employing a projectile that incorporates tracer programming of projectile function for the intergovernmental organization. materials of any type having peak radiance defense articles controlled in this Category.¿ (k) Technical data (see øas defined in¿ above 710 nm and designed to be observed pri- (j) øAll other components, p¿Parts, compo- § 120.10 of this subchapter) and defense serv- marily with night vision optical systems; nents, accessories, and attachments, as fol- ices (see øas defined in¿ § 120.9 of this sub- *(7) Ammunition for fully automatic firearms lows: øand associated equipment specifically chapter) directly related to the defense arti- that fire superposed or stacked projectiles or for designed or modified for the articles in para- cles described in paragraphs (a) , (b), (d), (e), guns that fire superposed or stacked projectiles; *(8) Electromagnetic armament projectiles or graphs (a) through (i) of this category. This and øthrough¿ billets for weapons with a design muzzle energy includes but is not limited to mounts and (j) of this category and classified technical exceeding 5 MJ; carriages for the articles controlled in this data directly related to items controlled in *(9) Ammunition, not specified above, for the category.¿ ECCNs 0A602, 0B602, 0D602, and 0E602 and de- guns and armaments controlled in Category II; (1) Gun barrels, rails, tubes, and receivers spe- fense services using the classified technical or cially designed for the weapons controlled in data. (See § 125.4 of this subchapter for exemp- (10) Developmental ammunition funded by the paragraphs (a) and (d) of this category; tions.)øTechnical data directly related to the Department of Defense and specially designed (2) Sights specially designed to orient indirect manufacture or production of any defense ar- ticles described elsewhere in this category parts and components therefor. fire weapons; Note 1 to paragraph (a)(10): This paragraph (3) Breech blocks for the weapons controlled that are designated as Significant Military Equipment (SME) shall itself be designed does not control ammunition: (a) in production; in paragraphs (a) and (d) of this category; (b) determined to be subject to the EAR via a (4) Firing mechanisms for the weapons con- SME.¿ (1)–(w) [Reserved] øThe following interpre- commodity jurisdiction determination (see § 120.4 trolled in paragraphs (a) and (d) of this cat- of this subchapter); or (c) identified in the rel- egory and specially designed parts and compo- tations explain and amplify the terms used in this category and elsewhere in this sub- evant Department of Defense contract or other nents therefor; funding authorization as being developed for (5) Systems for firing superposed or stacked chapter: ø(1) The kinetic energy weapons systems in both civil and military applications. ammunition and specially designed parts and paragraph (d) of this category include but Note 2 to paragraph (a)(10): Note 1 does not components therefor; are not limited to: apply to defense articles enumerated on the U.S. (6) Servo-electronic and hydraulic elevation ø(i) Launch systems and subsystems capa- Munitions List, whether in production or devel- adjustment mechanisms; ble of accelerating masses larger than 0.1g to opment. (7) Muzzle brakes; velocities in excess of 1.6km/s, in single or Note 3 to paragraph (a)(10): This provision is (8) Bore evacuators; rapid fire modes, using methods such as: applicable to those contracts or other funding (9) Independent ammunition handling systems electromagnetic, electrothermal, plasma, authorizations that are dated [INSERT DATE for the guns and armament controlled in para- light gas, or chemical; ONE YEAR AFTER PUBLICATION IN THE graphs (a), (b), and (d) of this category; ø(ii) Prime power generation, electric FEDERAL REGISTER], or later. (10) Components for independently powered armor, energy storage, thermal manage- (b) Ammunition/ordnance handling equip- ammunition handling systems and platform ment; conditioning, switching or fuel han- ment specially øspecifically¿ designed øor interface, as follows: dling equipment; and the electrical inter- modified¿ for the articles controlled in this (i) Mounts; faces between power supply gun and other category, as follows:¯, øsuch as, belting, link- (ii) Carriages; turret electric drive functions; ing, and de-linking equipment.¿ (iii) Gun pallets; ø(iii) Target acquisition, tracking fire con- (1) Belting, linking, and de-linking equipment; (iv) Hydro-pneumatic equilibration cylinders; trol or damage assessment systems; and or or ø(iv) Homing seeker, guidance or divert (2) Fuze setting devices. (v) Hydro-pneumatic systems capable of scav- propulsion (lateral acceleration) systems for (c) [Reserved] øEquipment and tooling spe- enging recoil energy to power howitzer func- projectiles. cifically designed or modified for the produc- tions; ø(2) The articles in this category include tion of defense articles controlled by this Note to paragraph (j)(10): For weapons any end item, component, accessory, attach- category.¿ mounts specially designed for surface vessels ment part, firmware, software or system (d) øComponents, p¿ Parts and components, and special naval equipment, see Category VI. that has been designed or manufactured øaccesories, attachments and associated For weapons mounts specially designed for using technical data and defense services equipment specifically designed or modified¿ ground vehicles, see Category VII. controlled by this category. for the articles in this category, as follows: (11) Ammunition containers/drums, ammuni- ø(3) The articles specifically designed or *(1) Projectiles that use pyrotechnic tracer tion chutes, ammunition conveyor elements, am- modified for military application controlled materials that incorporate any material having

VerDate Sep 11 2014 07:05 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.047 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6550 CONGRESSIONAL RECORD — SENATE November 13, 2019 peak radiance above 710 nm or are incendiary or Significant Military Equipment (SME) shall ***** explosive øGuidance and control components itself be designated SME.¿ PART 734—SCOPE OF THE EXPORT ADMIN- for the articles in paragraph (a) of this cat- (f)–(w) [Reserved] ISTRATION REGULATIONS egory¿; (x) Commodities, software, and technology 3. The authority citation for 15 CFR part *(2) Shotgun projectiles that are flechettes, in- subject to the EAR (see § 120.42 of this sub- 734 is revised to read as follows: cendiary, tracer, or explosive; øSafing, arming chapter) used in or with defense articles. Authority: 50 U.S.C. 4801–4852; 50 U.S.C. and fuzing components (including target de- øThe following explains and amplifies the 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 12938, 59 tection and localization devices) for the arti- terms used in this category and elsewhere in FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. cles in paragraph (a) of this category; and¿ this subchapter. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; Note to paragraph (d)(2): This paragraph does ø(1) The components, parts, accessories and E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. not include explosive projectiles specially de- attachments controlled in this category in- 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 signed to produce noise for scaring birds or clude, but are not limited to cartridge cases, Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, other pests (e.g., bird bombs, whistlers, crack- powder bags (or other propellant charges), 2014 Comp., p. 223; Notice of August 8, 2018, 83 ers). bullets, jackets, cores, shells (excluding FR 39871 (August 13, 2018); Notice of Novem- (3) Projectiles of any caliber produced from shotgun shells), projectiles (including can- ber 8, 2018, 83 FR 56253 (November 9, 2018). depleted uranium; All other components, ister rounds and submunitions therefor), 4. Section 734.7 is amended by: parts, accessories, attachments and associ- boosters, firing components, therefor, prim- a. Revising paragraph (a) introductory ated equipment for the articles in para- ers, and other detonating devices for the de- text; and graphs (a) through (c) of this category. fense articles controlled in this category.¿ b. Adding paragraph (c) to read as follows: (4) Projectiles not specified above, guided or Note to paragraph (x): Use of this paragraph § 734.7 Published. unguided, for the items controlled in USML Cat- is limited to license applications for defense (a) Except as set forth in paragraph (b) and egory II, and specially designed parts and com- articles where the purchase documentation (c) of this section, unclassified ‘‘technology’’ ponents therefor (e.g., fuzes, rotating bands, includes commodities, software, or tech- or ‘‘software’’ is ‘‘published,’’ and is thus not cases, liners, fins, boosters); nology subject to the EAR (see § 123.1(b) of ‘‘technology’’ or ‘‘software’’ subject to the (5) Canisters or sub-munitions (e.g., bomblets this subchapter). EAR, when it has been made available to the or minelets), and specially designed parts and Note 1 to Category III: This category does public without restrictions upon its further components therefor, for the guns or armament not control ammunition crimped without a dissemination such as through any of the fol- controlled in USML Category II; projectile (blank star) and dummy ammuni- lowing: (6) Projectiles that employ tips (e.g., M855A1 tion with a pierced powder chamber. ***** Enhanced Performance Round (EPR)) or cores Note 2 to Category III: ø(2)¿This category regardless of caliber, produced from one or a does not control cartridge and shell casings (c) The following remains subject to the combination of the following: tungsten, steel, or that, prior to export, have been rendered use- EAR: ‘‘software’’ or ‘‘technology’’ for the beryllium copper alloy; less beyond the possibility of restoration for production of a firearm, or firearm frame or (7) Cartridge cases, powder bags, or combus- use as a cartridge or shell casing by means of receiver, controlled under ECCN 0A501, that tible cases specially designed for the items con- heating, flame treatment, mangling, crush- is made available by posting on the internet trolled in USML Category II; ing, cutting, or popping. ø(3) Equipment and in an electronic format, such as AMF or G- (8) Non-metallic cases, including cases that tooling in paragraph (c) of this category does code, and is ready for insertion into a com- have only a metallic base, for the ammunition not include equipment for hand loading am- puter numerically controlled machine tool, controlled in paragraph (a)(5) of this category; munition. additive manufacturing equipment, or any (9) Cartridge links and belts for fully auto- ø(4) The articles in this category include other equipment that makes use of the ‘‘soft- matic firearms and guns controlled in USML any end item, component, accessory, attach- ware’’ or ‘‘technology’’ to produce the fire- Categories I or II; ment, part, firmware, software, or system arm frame or receiver or complete firearm. (10) Primers other than Boxer, Berdan, or that has been designed or manufactured ***** shotshell types; using technical data and defense services PART 736—GENERAL PROHIBITIONS Note to paragraph (d)(10): This paragraph controlled by this category. 5. The authority citation for 15 CFR part does not control caps or primers of any type ø(5) The articles specifically designed or 736 is revised to read as follows: in use prior to 1890. modified for military application controlled Authority: 50 U.S.C. 4801–4852; 50 U.S.C. (11) Safing, arming, and fuzing components in this category include any article specifi- 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 2151 (to include target detection and proximity cally developed, configured, or adapted for note; E.O. 12938, 59 FR 59099, 3 CFR, 1994 sensing devices) for the ammunition in this military application¿ Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, category and specially designed parts there- Note 3 to Category III: Grenades containing 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 for; non-lethal or less lethal projectiles are under CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR (12) Guidance and control components for the jurisdiction of the Department of Com- 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 the ammunition in this category and spe- merce. FR 26751, 3 CFR, 2004 Comp., p. 168; Notice of cially designed parts therefor; ***** August 8, 2018, 83 FR 39871 (August 13, 2018); (13) Terminal seeker assemblies for the Billing Code: 3510–33–P Notice of November 8, 2018, 83 FR 56253 (No- ammunition in this category and specially DEPARTMENT OF COMMERCE vember 9, 2018); Notice of May 8, 2019, 84 FR designed parts and components therefor; Bureau of Industry and Security 20537 (May 10, 2019). (14) Illuminating flares or target practice 15 CFR Parts 732, 734, 736, 740, 742, 743, 744, 6. Supplement No. 1 to part 736 is amended projectiles for the ammunition controlled in 746, 748, 758, 762, 772, and 774 by revising paragraph (e)(3) to read as fol- paragraph (a)(9) of this category; or [Docket No. 191107–0079] lows: * (15) Any part, component, accessory, at- RIN 0694–AF47 SUPPLEMENT NO. 1 TO PART 736—GEN- tachment, equipment, or system that: Control of Firearms, Guns, Ammunition and ERAL ORDERS (i) Is classified; Related Articles the President Deter- ***** (ii) Contains classified software; or mines No Longer Warrant Control under (iii) Is being developed using classified in- (e) * * * the United States Munitions List (USML) (3) Prior commodity jurisdiction determina- formation. AGENCY: Bureau of Industry and Security, ‘‘Classified’’ means classified pursuant to tions. If the U.S. State Department has pre- Department of Commerce. viously determined that an item is not sub- Executive Order 13526, or predecessor order, Final rule. ACTION: ject to the jurisdiction of the ITAR and the and a security classification guide developed 1. The authority citation for 15 CFR part pursuant thereto or equivalent, or to the item was not listed in a then existing ‘‘018’’ 732 is revised to read as follows: series ECCN (for purposes of the ‘‘600 series’’ corresponding classification rules of another Authority: 50 U.S.C. 4801–4852; 50 U.S.C. government or intergovernmental organiza- ECCNs, or the 0x5zz ECCNs) or in a then ex- 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13026, 61 isting ECCN 9A004.b or related software or tion. FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. (e) Technical data (see øas defined in¿ technology ECCN (for purposes of the 9x515 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; ECCNs), then the item is per se not within § 120.10 of this subchapter) and defense serv- Notice of August 8, 2018, 83 FR 39871 (August ø ¿ the scope of a ‘‘600 series’’ ECCN, a 0x5zz ices (see as defined in § 120.9 of this sub- 13, 2018). chapter) directly related to the defense arti- ECCN, or a 9x515 ECCN. If the item was not 2. Section 732.2 is amended by adding one listed elsewhere on the CCL at the time of cles enumerated in paragraphs (a), (b), and sentence to the end of the paragraph (b) in- ø ¿ such determination (i.e., the item was des- through (d) of this category and classified troductory text to read as follows: technical data directly related to items con- ignated EAR99), the item shall remain des- trolled in ECCNs 0A505, 0B505, 0D505, and § 732.2 Steps regarding scope of the EAR. ignated as EAR99 unless specifically enumer- 0E505 and defense services using the classi- ***** ated by BIS or DDTC in an amendment to fied technical data. (See § 125.4 of this sub- (b) * * * The following also remains sub- the CCL or to the USML, respectively. chapter for exemptions.) øTechnical data di- ject to the EAR: ‘‘software’’ or ‘‘technology’’ ***** rectly related to the manufacture or produc- for the production of a firearm, or firearm PART 740—LICENSE EXCEPTIONS tion of any defense articles described else- frame or receiver, controlled under ECCN 7. The authority citation for 15 CFR part where in this category that are designated as 0A501, as referenced in 734.7(c)). 740 is revised to read as follows:

VerDate Sep 11 2014 07:05 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.050 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6551 Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 4601 cept for any firearm model designation (if trolled in ECCN 0A502, including regarding et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 7201 et assigned) controlled by 0A501 that is speci- how to provide any data or documentation seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 fied under Annex A in Supplement No. 4 to required by BIS. Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, part 740);); or shotguns with a barrel length ***** 2001 Comp., p. 783; Notice of August 8, 2018, 83 less than 18 inches controlled in ECCN 0A502 10. Section 740.10 is amended by: FR 39871 (August 13, 2018). that are shipped from or manufactured in a a. Adding one sentence at the end of para- 8. Section 740.2 is amended by adding para- Country Group D:5 country, or from Russia, graph (b)(1); and graphs (a)(21) and (22) to read as follows: Georgia, Kazakhstan, Kyrgyzstan, Moldova, b. Adding paragraph (b)(4). § 740.2 Restrictions on all license exceptions. Turkmenistan, Ukraine, or Uzbekistan, be- The additions read as follows: cause of the exclusions in License Exception (a) * * * TMP under paragraph (b)(5) of this section. § 740.10 Servicing and replacement of parts (21) The reexport or transfer (in-country) and equipment (RPL) ***** of firearms classified under ECCNs 0A501 or ***** 0A502 if a part or component that is not (b) * * * (1) * * * No provision of paragraph (b) of (b) * * * ‘‘subject to the ITAR,’’ but would otherwise (1) * * * The export of firearms con- this section, other than paragraph (b)(3), (4), meet the criteria in USML Category I(h)(2) trolled by ECCN 0A501.a or .b, or shotguns or (5), may be used to export firearms con- (i.e., parts and components specially de- with a barrel length less than 18 inches con- trolled by ECCN 0A501.a, .b, or shotguns with signed for conversion of a semiautomatic trolled in ECCN 0A502 temporarily in the a barrel length less than 18 inches controlled firearm to a fully automatic firearm) is in- United States for servicing and replacement in ECCN 0A502. corporated into the firearm or is to be reex- may be exported under paragraphs (b)(2) or ported or transferred (in-country) with the ***** (3) of this section only if the additional re- firearm with ‘‘knowledge’’ the part or com- (5) Exports of firearms and certain shot- quirements in paragraph (b)(4) of this section ponent will be subsequently incorporated guns temporarily in the United States. This are also met. into the firearm. (See USML Category paragraph (b)(5) authorizes the export of no ***** I(h)(2)). In such instances, no license excep- more than 75 end item firearms per shipment tions are available except for License Excep- controlled by ECCN 0A501.a or .b, or shot- (4) Exports of firearms and certain shot- tion GOV (740.11(b)(2)(ii)). guns with a barrel length less than 18 inches guns temporarily in the United States for (22) The export, reexport, or transfer (in- controlled in ECCN 0A502 that are tempo- servicing and replacement. This paragraph country) of any item classified under a 0x5zz rarily in the United States for a period not (b)(4) authorizes the export of firearms con- ECCN when a party to the transaction is des- exceeding one year, provided that: trolled by ECCN 0A501.a or .b, or shotguns ignated on the Department of the Treasury, (i) The firearms were not shipped from or with a barrel length less than 18 inches con- Office of Foreign Assets Control (OFAC), manufactured in a U.S. arms embargoed trolled in ECCN 0A502 that are temporarily Specially Designated Nationals and Blocked country, i.e., destination listed in Country in the United States for servicing or replace- Persons (SDN) list under the designation Group D:5 in Supplement No. 1 to part 740 of ment for a period not exceeding one year or [SDNT], pursuant to the Narcotics Traf- the EAR; the time it takes to service or replace the ficking Sanctions Regulations, 31 CFR part (ii) The firearms were not shipped from or commodity, whichever is shorter, provided 536, or under the designation [SDNTK], pur- manufactured in Russia, Georgia, that the requirements of paragraphs (b)(2) or suant to the Foreign Narcotics Kingpin Kazakhstan, Kyrgyzstan, Moldova, (3) of this section are met and: Sanctions Regulations, 31 CFR part 598. Turkmenistan, Ukraine, or Uzbekistan, ex- (i) The firearms were not shipped from or 9. Section 740.9 is amended by: cept for any firearm model controlled by manufactured in Russia, Georgia, a. Adding five sentences at the end of para- 0A501 that is specified under Annex A in Sup- Kazakhstan, Kyrgyzstan, Moldova, graph (a) introductory text; plement No. 4 to part 740; and Turkmenistan, Ukraine, or Uzbekistan, ex- b. Adding one sentence at the end of para- (iii) The firearms are not ultimately des- cept for any firearm model controlled by graph (b)(1) introductory text; tined to a U.S. arms embargoed country, i.e., 0A501 that is specified under Annex A in Sup- c. Adding paragraph (b)(5); and destination listed in Country Group D:5 in plement No. 4 to part 740; d. Redesignating notes 1 through 3 to para- Supplement No. 1 to part 740 of the EAR, or (ii) When the firearms entered the U.S. as graph (b) as notes 2 through 4 to paragraph to Russia; a temporary import, the temporary importer (b); (iv) When the firearms entered the U.S. as or its agent: The additions read as follows: a temporary import, the temporary importer (A) Provided the following statement to U.S. Customs and Border Protection: ‘‘This § 740.9 Temporary imports, exports, reex- or its agent: shipment will be exported in accordance ports, and transfers (in-country) (TMP). (A) Provided the following statement to U.S. Customs and Border Protection: ‘‘This with and under the authority of License Ex- ***** shipment will be exported in accordance ception RPL (15 CFR 740.10(b))’’; (a) * * * This paragraph (a) does not au- with and under the authority of License (B) Provided to U.S. Customs and Border thorize any export of a commodity con- cException TMP (15 CFR 740.9(b)(5))’’; Protection an invoice or other appropriate trolled under ECCNs 0A501.a or .b, or shot- (B) Provided to U.S. Customs and Border import-related documentation (or electronic guns with a barrel length less than 18 inches Protection an invoice or other appropriate equivalents) that includes a complete list controlled under ECCN 0A502 to, or any ex- import-related documentation (or electronic and description of the firearms being tempo- port of such an item that was imported into equivalents) that includes a complete list rarily imported, including their model, the United States from, a country in Coun- and description of the firearms being tempo- make, caliber, serial numbers, quantity, and try Group D:5 (Supplement No. 1 of this rarily imported, including their model, U.S. dollar value; and part), or from Russia, Georgia, Kazakhstan, make, caliber, serial numbers, quantity, and (C) Provided (if temporarily imported for Kyrgyzstan, Moldova, Turkmenistan, U.S. dollar value; and servicing or replacement) to U.S. Customs Ukraine, or Uzbekistan. The only provisions (C) Provided (if temporarily imported for a and Border Protection the name, address and of this paragraph (a) that are eligible for use trade show, exhibition, demonstration, or contact information (telephone number and/ to export such items are paragraph (a)(5) of testing) to U.S. Customs and Border Protec- or email) of the organization or individual in this section (‘‘Exhibition and demonstra- tion the relevant invitation or registration the U.S. that will be receiving the item for tion’’) and paragraph (a)(6) of this section documentation for the event and an accom- servicing or replacement. (‘‘Inspection, test, calibration, and repair’’). panying letter that details the arrangements (iii) In addition to the export clearance re- In addition, this paragraph (a) may not be to maintain effective control of the firearms quirements of part 758 of the EAR, the ex- used to export more than 75 firearms per while they are in the United States. porter or its agent must provide the import shipment. In accordance with the require- (v) In addition to the export clearance re- documentation related to paragraph ments in § 758.1(b)(9) and (g)(4) of the EAR, quirements of part 758 of the EAR, the ex- (b)(4)(iii)(B) of this section to U.S. Customs the exporter or its agent must provide docu- porter or its agent must provide the import and Border Protection at the time of export. mentation that includes the serial number, documentation related to paragraph Note 1 to paragraph (b)(4): In addition to make, model, and caliber of each firearm (b)(5)(iv)(B) of this section to U.S. Customs complying with all applicable EAR require- being exported by filing these data elements and Border Protection at the time of export. ments for the export of commodities de- in an EEI filing in AES. In accordance with Note 1 to paragraph (b)(5): In addition to scribed in paragraph (b)(4), exporters and the exclusions in License Exception TMP complying with all applicable EAR require- temporary importers should contact U.S. under paragraph (b)(5) of this section, the ments for the export of commodities de- Customs and Border Protection (CBP) at the entry clearance requirements in § 758.1(b)(9) scribed in paragraph (b)(5), exporters and port of temporary import or export, or at the do not permit the temporary import of: fire- temporary importers should contact U.S. CBP website, for the proper procedures for arms controlled in ECCN 0A501.a or .b that Customs and Border Protection (CBP) at the temporarily importing or exporting firearms are shipped from or manufactured in a Coun- port of temporary import or export, or at the controlled in ECCN 0A501.a or .b or shotguns try Group D:5 country, or that are shipped CBP website, for the proper procedures for with a barrel length less than 18 inches con- from or manufactured in Russia, Georgia, temporarily importing or exporting firearms trolled in ECCN 0A502, including regarding Kazakhstan, Kyrgyzstan, Moldova, controlled in ECCN 0A501.a or .b or shotguns how to provide any data or documentation Turkmenistan, Ukraine, or Uzbekistan (ex- with a barrel length less than 18 inches con- required by BIS.

VerDate Sep 11 2014 04:28 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.053 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6552 CONGRESSIONAL RECORD — SENATE November 13, 2019 ***** other transfer of ownership or control. Ac- (4) Mauser Model 1896 pistol = SMCR. 11. Section 740.11 is amended by: cordingly, except as provided in paragraph (5) MC–57–1 pistol. a. Adding two sentences at the end of the (e)(4) of this section, firearms, ‘‘parts,’’ (6) MC–1–5 pistol. introductory text; ‘‘components,’’ ‘‘accessories,’’ ‘‘attach- (7) Polish Vis Model 35 pistol = SMCR. b. Adding Note 2 to paragraph (b)(2); and ments,’’ and ammunition, may not be ex- (8) Soviet Nagant revolver = SMCR. c. Redesignating note 1 to paragraph (c)(1) ported permanently under this License Ex- (9) TOZ 35, .22 caliber Target pistol. as note 3 to paragraph (c)(1) and notes 1 and ception. All firearms, ‘‘parts,’’ ‘‘compo- (10) MTs 440. 2 to paragraph (e) as notes 4 and 5 to para- nents,’’ ‘‘accessories,’’ or ‘‘attachments’’ (11) MTs 57–1. graph (e). controlled under ECCN 0A501 and all unused (12) MTs 59–1. The additions read as follows: ammunition controlled under ECCN 0A505.a (13) MTs 1–5. § 740.11 Governments, international organiza- exported under this License Exception must (14) TOZ–35M (starter pistol). tions, international inspections, under the be returned to the United States. (15) Biathlon–7K. Chemical Weapons Convention, and the (v) Travelers leaving the United States (b) Rifles. International Space Station (GOV). temporarily are required to declare the fire- (1) BARS–4 Bolt Action carbine. * * * Commodities listed in ECCN 0A501 arms, ‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ (2) Biathlon target rifle, .22. are eligible only for transactions described ‘‘attachments,’’ and ammunition being ex- (3) British Enfield rifle = SMCR. in paragraphs (b)(2)(i) and (ii) of this section. ported under this license exception to a Cus- (4) CM2, .22 target rifle (also known as Any item listed in a Ox5zz ECCN for export, toms and Border Protection (CBP) officer SM2, .22). reexport, or transfer (in-country) to an E:1 prior to departure from the United States (5) German model 98K = SMCR. country is eligible only for transactions de- and present such items to the CBP officer for (6) German model G41 = SMCR. scribed in paragraphs (b)(2)(i) and (ii) solely inspection, confirming that the authority for (7) German model G43 = SMCR. for U.S. Government official use of this sec- the export is License Exception BAG and (8) IZH–94. tion. that the exporter is compliant with its (9) LOS–7, bolt action. (10) MC–7–07. ***** terms. (4) A nonimmigrant alien leaving the (11) MC–18–3. Note 2 to paragraph (b)(2): Items controlled United States may export or reexport under (12) MC–19–07. for NS, MT, CB, NP, FC, or AT reasons may this License Exception only such firearms (13) MC–105–01. not be exported, reexported, or transferred controlled under ECCN 0A501 and ammuni- (14) MC–112–02. (in-country) to, or for the use of military, tion controlled under ECCN 0A505 as he or (15) MC–113–02. police, intelligence entities, or other sen- she brought into the United States under the (16) MC–115–1. sitive end users (e.g., contractors or other relevant provisions of Department of Justice (17) MC–125/127. governmental parties performing functions regulations at 27 CFR part 478. (18) MC–126. on behalf of military, police, or intelligence (19) MC–128. entities) of a government in a Country Group ***** (20) Saiga. E:1 or E:2 country. § 740.16 [AMENDED] (21) Soviet Model 38 carbine = SMCR. ***** 13. Section 740.16 is amended by: (22) Soviet Model 44 carbine-SMCR. 12. Section 740.14 is amended by revising a. Revising paragraph (a)(2); (23) Soviet Model 91/30 rifle = SMCR. paragraph (b)(4) introductory text, revising b. Revising paragraphs (b)(2)(iv) and (v); (24) TOZ 18, .22 bolt action. the heading to paragraph (e), and by adding and (25) TOZ 55. paragraphs (e)(3) and (4) to read as follows: c. Adding paragraph (b)(2)(vi); (26) TOZ 78. The revisions and addition read as follows: (27) Ural Target, .221r. § 740.14 Baggage (BAG). (28) VEPR rifle. ***** § 740.16 Additional permissive reexports (APR). (29) Winchester Model 1895, Russian Model (b) * * * rifle = SMCR. ***** (4) Tools of trade. Usual and reasonable (30) Sever—double barrel. (a) * * * kinds and quantities of tools, instruments, (31) IZH18MH single barrel break action. (2) The commodities being reexported are or equipment and their containers and also (32) MP–251 over/under rifle. not controlled for NP, CB, MT, SI, or CC rea- technology for use in the trade, occupation, (33) MP–221 double barrel rifle. sons or described in ECCNs 0A919, 3A001.b.2 employment, vocation, or hobby of the trav- (34) MP–141K. or b.3 (except those that are being reexported eler or members of the household who are (35) MP–161K. for use in civil telecommunications applica- traveling or moving. For special provisions (36) MTs 116–1. tions), 6A002, 6A003; or commodities classi- regarding firearms and ammunition, see (37) MTs 116M. fied under a 0x5zz ECCN; and paragraph (e) of this section. For special pro- (38) MTs 112–02. visions regarding encryption commodities ***** (39) MTs 115–1. and software subject to EI controls, see para- (b) * * * (40) MTs 113–02. graph (f) of this section. For a special provi- (2) * * * (41) MTs 105–01. sion that specifies restrictions regarding the (iv) Commodities described in ECCN 0A504 (42) MTs 105–05. export or reexport of technology under this that incorporate an image intensifier tube; (43) MTs 7–17 combination gun. paragraph (b)(4), see paragraph (g) of this (v) Commodities described in ECCN 6A002; (44) MTs 7–12–07 rifle/shotgun. section. For special provisions regarding per- or (45) MTs 7–07. sonal protective equipment under ECCN (vi) Commodities classified under a Ox5zz (46) MTs 109–12–07 rifle. 1A613.c or .d, see paragraph (h) of this sec- ECCN. (47) MTs 109–07 rifle. tion. ***** (48) MTs 106–07 combination. (49) MTs 19–97. ***** 14. Section 740.20 is amended by revising (50) MTs 19–09. (e) Special provisions for firearms and am- paragraph (b)(2)(ii) to read as follows: (51) MTs 18–3M. munition. * * * §740.20 License Exception Strategic Trade (3) A United States citizen or a permanent (52) MTs 125. Authorization (STA). resident alien leaving the United States may (53) MTs 126. export under this License Exception fire- ***** (54) MTs 127. arms, ‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ (b) * * * (55) Berkut–2. or ‘‘attachments’’ controlled under ECCN (2) * * * (56) Berkut–2M1. 0A501 and ammunition controlled under (ii) License Exception STA may not be (57) Berkut–3. ECCN 0A505.a, subject to the following limi- used for: (58) Berkut–2–1. tations: (A) Any item controlled in ECCNs 0A501.a, (59) Berkut–2M2. (i) Not more than three firearms and 1,000 .b, .c, .d, or .e; 0A981; 0A982; 0A983; 0A503; (60) Berkut–3–1. rounds of ammunition may be taken on any 0E504; 0E982; or (61) Ots–25. one trip. (B) Shotguns with barrel length less than (62) MTs 20–07. (ii) ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 18 inches controlled in 0A502. (63) LOS–7–1. and ‘‘attachments’’ exported pursuant to ***** (64) LOS –7–2. (65) LOS–9–1. this paragraph must be of a kind and limited 15. Add Supplement No. 4 to part 740 to (66) Sobol (Sable). to quantities that are reasonable for the ac- read as follows: tivities described in paragraph (e)(3)(iv) of (67) Rekord. this section or that are necessary for routine SUPPLEMENT NO. 4 TO PART 740—ANNEX (68) Bars–4–1. maintenance of the firearms being exported. A FIREARM MODELS (69) Saiga. (iii) The commodities must be with the (a) Pistols/revolvers. (70) Saiga–M. person’s baggage. (1) German Model P08 Pistol = SMCR. (71) Saiga 308. (iv) The commodities must be for the per- (2) IZH 34M, .22 Target pistol. (72) Saiga–308–1. son’s exclusive use and not for resale or (3) IZH 35M, .22 caliber Target pistol. (73) Saiga 308–2.

VerDate Sep 11 2014 04:28 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.054 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6553 (74) Saiga–9. ***** Authority: 50 U.S.C. 4801–4852; 50 U.S.C. (75) Korshun. 18. Section 742.7 is amended by revising 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 (76) Ural–5–1. paragraphs (a)(1) through (4) and (c) to read FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. (77) Ural 6–1. as follows: 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; (78) Ural–6–2. § 742.7 Crime control and detection. 78 FR 16129; Notice of August 8, 2018, 83 FR 39871 (August 13, 2018). (79) SM–2. (a) * * * 22. Section 743.4 is amended by: (80) Biatlon–7–3. (1) Crime control and detection instru- a. Adding four sentences to the end of (81) Biatlon–7–4. ments and equipment and related ‘‘tech- (82) Rekord–1. paragraph (a); nology’’ and ‘‘software’’ identified in the ap- b. By redesignating Note to paragraph (a) (83) Rekord–2. propriate ECCNs on the CCL under CC Col- (84) Rekord–CISM. as Note 1 to paragraph (a); umn 1 in the Country Chart column of the c. Revising paragraph (b); (85) Rekord–1–308. ‘‘License Requirements’’ section. A license is d. Adding paragraphs (c)(1)(i) and (c)(2)(i); (86) Rekord–2–308. required to countries listed in CC Column 1 e. By redesignating Note to paragraph (87) Rekord–1–308–CISM. (Supplement No. 1 to part 738 of the EAR). (e)(1)(ii) as Note 2 to paragraph (e)(1)(ii); (88) VEPR. Items affected by this requirement are iden- e. Revising paragraph (h); and (89) VEPR Super. tified on the CCL under the following ECCNs: f. Adding paragraph (i) to read as follows: (90) VEPR Pioneer. 0A502, 0A504, 0A505.b, 0A978, 0A979 0E502, § 743.4 Conventional arms reporting. (91) VEPR Safari. 0E505 (‘‘technology’’ for ‘‘development’’ or (a) * * * This section does not require re- (92) TOZ 109. for ‘‘production’’ of buckshot shotgun shells ports when the exporter uses the alternative (93) KO 44–1. controlled under ECCN 0A505.b), 1A984, 1A985, submission method described under para- (94) TOZ 78–01. 3A980, 3A981, 3D980, 3E980, 4A003 (for finger- graph (h) of this section. The alternative (95) KO 44. print computers only), 4A980, 4D001 (for fin- submission method under paragraph (h) re- gerprint computers only), 4D980, 4E001 (for (96) TOZ 99. quires the exporter to submit the informa- fingerprint computers only), 4E980, 6A002 (for (97) TOZ 99–01. tion required for conventional arms report- police-model infrared viewers only), 6E001 (98) TOZ 55–01 Zubr. ing in this section as part of the required (for police-model infrared viewers only), (99) TOZ 55–2 Zubr. EEI submission in AES, pursuant to (100) TOZ 120 Zubr. 6E002 (for police-model infrared viewers only), and 9A980. § 758.1(b)(9). Because of the requirements in (101) MTs 111. § 758.1(g)(4)(ii) for the firearms that require (102) MTs 109. (2) Shotguns with a barrel length greater than or equal to 24 inches, identified in conventional arms reporting of all conven- (103) TOZ 122. tional arms, the Department of Commerce (104) TOZ 125. ECCN 0A502 on the CCL under CC Column 2 in the Country Chart column of the ‘‘License believes all conventional arms reporting re- (105) TOZ 28. quirements for firearms will be met by using (106) TOZ 300. Requirements’’ section regardless of end user to countries listed in CC Column 2 (Supple- the alternative submission method. The De- PART 742—CONTROL POLICY—CCL BASED ment No. 1 to part 738 of the EAR). partment of Commerce leaves standard CONTROLS (3) Shotguns with barrel length greater method for submitting reports in place in 16. The authority citation for part 742 is re- than or equal to 24 inches, identified in case any additional items are moved from vised to read as follows: ECCN 0A502 on the CCL under CC Column 3 the USML to the CCL, that may require con- Authority: 50 U.S.C. 4801–4852; 50 U.S.C. in the Country Chart column of the ‘‘License ventional arms reporting. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. Requirements’’ section only if for sale or re- Note 1 to paragraph (a): * * * 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et sale to police or law enforcement entities in (b) Requirements. You must submit one seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108–11, countries listed in CC Column 3 (Supplement electronic copy of each report required under 117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, No. 1 to part 738 of the EAR). the provisions of this section, or submit this 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 (4) Certain crime control items require a information using the alternative submis- CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR license to all destinations, except Canada. sion method specified in paragraph (h) of this 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 These items are identified under ECCNs section, and maintain accurate supporting FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 0A982, 0A503, and 0E982. Controls for these records (see § 762.2(b) of the EAR) for all ex- items appear in each ECCN; a column spe- 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; ports of items specified in paragraph (c) of cific to these controls does not appear in the Presidential Determination 2003–23, 68 FR this section for the following: Country Chart (Supplement No. 1 to part 738 (c) * * * 26459, 3 CFR, 2004 Comp., p. 320; Notice of Au- of the EAR). (1) * * * gust 8, 2018, 83 FR 39871 (August 13, 2018); No- (i) ECCN 0A501.a and .b. tice of November 8, 2018, 83 FR 56253 (Novem- ***** ***** ber 9, 2018). (c) Contract sanctity. Contract sanctity 17. Section 742.6 is amended by revising the date: August 22, 2000. Contract sanctity ap- (2) * * * (i) ECCN 0A501.a and .b. first and sixth sentences of paragraph plies only to items controlled under ECCNs (b)(1)(i) and adding a seventh sentence at the 0A982, 0A503, and 0E982 destined for countries ***** end of paragraph (b)(1)(i) to read as follows: not listed in CC Column 1 of the Country (h) Alternative submission method. This para- Chart (Supplement No. 1 to part 738 of the graph (h) describes an alternative submission 742.6 Regional stability. EAR). method for meeting the conventional arms ***** ***** reporting requirements of this section. The (b) * * * 19. Section 742.17 is amended by: alternative submission method requires the (1) * * * a. Revising the first sentence of paragraph exporter, when filing the required EEI sub- (i) Applications for exports and reexports (a); and mission in AES, pursuant to § 758.1(b)(9), to of ECCN 0A501, 0A504, 0A505, 0B501, 0B505, b. Revising paragraph (f) to read as follows: include the six character ECCN classifica- 0D501, 0D505, 0E501, 0E504, and 0E505 items; § 742.17 Exports of firearms to OAS member tion (i.e., 0A501.a or 0A501.b) as the first text 9x515 items and ‘‘600 series’’ items and will countries. to appear in the Commodity description be reviewed on a case-by-case basis to deter- (a) License requirements. BIS maintains a li- block. If the exporter properly includes this mine whether the transaction is contrary to censing system for the export of firearms information in the EEI filing in AES, the De- the national security or foreign policy inter- and related items to all OAS member coun- partment of Commerce will be able to obtain ests of the United States, including the for- tries. * * * that export information directly from AES eign policy interest of promoting the observ- ***** to meet the U.S. Government’s commit- ance of human rights throughout the world. (f) Items/Commodities. Items requiring a li- ments to the Wassenaar Arrangement and * * * When destined to the People’s Republic cense under this section are ECCNs 0A501 United Nations for conventional arms re- of China or a country listed in Country (except 0A501.y), 0A502, 0A504 (except porting. An exporter that complies with the Group E:1 in Supplement No. 1 to part 740 of 0A504.f), and 0A505 (except 0A505.d). (See Sup- requirements in § 758.1(g)(4)(ii) does not have the EAR, items classified under ECCN 0A501, plement No. 1 to part 774 of the EAR). to submit separate annual and semi-annual 0A505, 0B501, 0B505, 0D501, 0D505, 0E501, 0E504, reports to the Department of Commerce pur- ***** and 0E505 or any 9x515 ECCN will be subject suant to this section. to a policy of denial. In addition, applica- § 742.19 [AMENDED] (i) Contacts. General information con- tions for exports and reexports of ECCN 20. Section 742.19(a)(1) is amended by: cerning the Wassenaar Arrangement and re- 0A501, 0A505, 0B501, 0B505, 0D501, 0D505, 0E501, a. Removing ‘‘0A986’’ and adding in its porting obligations thereof is available from 0E504, and 0E505 items when there is reason place ‘‘0A505.c’’; and the Office of National Security and Tech- to believe the transaction involves criminal b. Removing ‘‘0B986’’ and adding in its nology Transfer Controls, Tel.: (202) 482–0092, organizations, rebel groups, street gangs, or place ‘‘0B505.c’’. Fax: (202) 482–4094. Information concerning other similar groups or individuals, that PART 743—SPECIAL REPORTING AND NO- the reporting requirements for items identi- may be disruptive to regional stability, in- TIFICATION fied in paragraphs (c)(1) and (2) of this sec- cluding within individual countries, will be 21. The authority citation for 15 CFR part tion is available from the Office of Non- subject to a policy of denial. 743 is revised to read as follows: proliferation and Treaty Compliance

VerDate Sep 11 2014 07:05 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.057 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6554 CONGRESSIONAL RECORD — SENATE November 13, 2019 (NPTC), Tel.: (202) 482–4188, Fax: (202) 482– ument is required in accordance with para- (2) Requirements. Each approved license for 4145. graphs (a) through (d) of this section. For commodities described under paragraph (z) PART 744—CONTROL POLICY: END-USER other destinations that require a firearms must comply with the requirements specified AND END-USE BASED import or permit, the firearms import cer- in paragraphs (z)(2)(i) and (ii) of this supple- tificate or permit is required in accordance ment. 23. The authority citation for 15 CFR part with paragraph (e) of this section. (i) When the firearms enter the U.S. as a 744 is revised to read as follows: (a) Requirement to obtain document for OAS temporary import, the temporary importer Authority: 50 U.S.C. 4801–4582; 50 U.S.C. member states. Unless an exception in § 748.9(c) or its agent must: 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. applies, an FC Import Certificate is required (A) Provide the following statement to 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et for license applications for firearms and re- U.S. Customs and Border Protection: ‘‘This seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 lated commodities, regardless of value, that shipment is being temporarily imported in CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR are destined for member countries of the accordance with the EAR. This shipment 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 OAS. This requirement is consistent with will be exported in accordance with and FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. the OAS Model Regulations described in under the authority of BIS license number 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; § 742.17 of the EAR. (provide the license number) (15 CFR 750.7(a) E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. (1) Items subject to requirement. Firearms and 758.4);’’ 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 and related commodities are those commod- (B) Provide to U.S. Customs and Border Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, ities controlled for ‘‘FC Column 1’’ reasons Protection an invoice or other appropriate 2001 Comp., p. 786; Notice of August 8, 2018, 83 under ECCNs 0A501 (except 0A501.y), 0A502, import-related documentation (or electronic FR 39871 (August 13, 2018); Notice of Sep- 0A504 (except 0A504.f), or 0A505 (except equivalents) that includes a complete list tember 19, 2018, 83 FR 47799 (September 20, 0A505.d). and description of the firearms being tempo- 2018); Notice of November 8, 2018, 83 FR 56253 ***** rarily imported, including their model, (November 9, 2018); Notice of January 16, (e) Requirement to obtain an import certificate make, caliber, serial numbers, quantity, and 2019, 84 FR 127 (January 18, 2019). or permit for other than OAS member states. If U.S. dollar value; and § 744.9 [AMENDED] the country to which firearms, parts, compo- (C) Provide (if temporarily imported for 24. Section 744.9 is amended by removing nents, accessories, and attachments con- servicing or replacement) to U.S. Customs ‘‘0A987’’ from paragraphs (a)(1) and (b) and trolled under ECCN 0A501, or ammunition and Border Protection the name, address, adding in its place ‘‘0A504’’. controlled under ECCN 0A505, are being ex- and contact information (telephone number PART 746—EMBARGOES AND OTHER SPE- ported or reexported requires that a govern- and/or email) of the organization or indi- CIAL CONTROLS ment-issued certificate or permit be ob- vidual in the U.S. that will be receiving the tained prior to importing the commodity, item for servicing or replacement). 25. The authority citation for 15 CFR part the exporter or reexporter must obtain and (ii) In addition to the export clearance re- 746 is revised to read as follows: retain on file the original or a copy of that quirements of part 758 of the EAR, the ex- 50 U.S.C. 4801–4852; 50 U.S.C. 4601 Authority: certificate or permit before applying for an porter or its agent must provide the import et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 287c; export or reexport license unless: documentation related to paragraph Sec 1503, Pub. L. 108–11, 117 Stat. 559; 22 (1) A license is not required for the export (z)(2)(i)(B) of this supplement to U.S. Cus- U.S.C. 6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. or reexport; or toms and Border Protection at the time of 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 (2) The exporter is required to obtain an export. Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, import or end-user certificate or other equiv- Note 1 to paragraph (z): In addition to com- 1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 alent official document pursuant to para- plying with all applicable EAR requirements for CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR graphs (a) thorough (d) of this section and the export of commodities described in para- 26751, 3 CFR, 2004 Comp., p 168; Presidential has, in fact, complied with that requirement. graph (z), exporters and temporary importers Determination 2003–23, 68 FR 26459, 3 CFR, (3)(i) The number or other identifying in- should contact U.S. Customs and Border Protec- 2004 Comp., p. 320; Presidential Determina- formation of the import certificate or permit tion (CBP) at the port of temporary import or tion 2007–7, 72 FR 1899, 3 CFR, 2006 Comp., p. must be stated on the license application. export, or at the CBP website, for the proper 325; Notice of August 8, 2018, 83 FR 39871 (Au- (ii) If the country to which the commod- procedures for temporarily importing or export- gust 13, 2018); Notice of May 8, 2019, 84 FR ities are being exported does not require an ing firearms controlled in ECCN 0A501.a or .b or 20537 (May 10, 2019). import certificate or permit for firearms im- shotguns with a barrel length less than 18 § 746.3 [AMENDED] ports, that fact must be noted on any license inches controlled in ECCN 0A502, including re- 26. Section 746.3 is amended by removing application for ECCN 0A501 or 0A505 com- garding how to provide any data or documenta- ‘‘0A986’’ from paragraph (b)(2) and adding in modities. tion required by BIS. Note 2 to paragraph (e). Obtaining a BIS its place ‘‘0A505.c’’. Statement by Ultimate Consignee and Purchaser PART 758—EXPORT CLEARANCE REQUIRE- § 746.7 [AMENDED] pursuant to § 748.11 of the EAR does not exempt MENTS 27. Section 746.7 is amended in paragraph the exporter or reexporter from the requirement 31. The authority citation for part 758 is re- (a)(1) by: to obtain a certification pursuant to paragraph vised to read as follows: a. Adding ‘‘0A503,’’ immediately before (a) of this section because that statement is not Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 4601 ‘‘0A980’’; and issued by a government. et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR b. Removing ‘‘0A985,’’. 30. Supplement No. 2 to part 748 (Unique 44025, 3 CFR, 2001 Comp., p. 783; Notice of Au- gust 8, 2018, 83 FR 39871 (August 13, 2018). PART 748—APPLICATIONS (CLASSIFICA- Application and Submission Requirements) 32. Section 758.1 is amended by: TION, ADVISORY, AND LICENSE) AND is amended by adding paragraph (z) to read a. Revising paragraphs (b)(7) (8), and add- DOCUMENTATION as follows: ing paragraph (b)(9); 28. The authority citation for 15 CFR part SUPPLEMENT NO. 2 TO PART 748—UNIQUE APPLICATION AND SUBMISSION RE- b. Revising paragraph (c)(1); 748 is revised to read as follows: c. Adding Note 1 to paragraph (c)(1); Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 4601 QUIREMENTS ***** c. Adding paragraph (g)(4); and et seq.; 50 U.S.C. 1701 et seq.; E.O. 13026, 61 FR d. Redesignating Note to paragraph (h)(1) (z) Exports of firearms and certain shotguns 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 as Note 3 to paragraph (h)(1); to read as fol- temporarily in the United States. FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of lows: August 8, 2018, 83 FR 39871 (August 13, 2018). (1) Certification. If you are submitting a li- cense application for the export of firearms § 758.1 The Electronic Export Enforcement 29. Section 748.12 is amended by: (EEI) filing to the Automated Export Sys- a. Revising the heading; controlled by ECCN 0A501.a or .b, or shot- guns with a barrel length less than 18 inches tem (AES). b. Adding introductory text; ***** c. Revising paragraphs (a) introductory controlled in ECCN 0A502 that will be tempo- text and (a)(1); rarily in the United States, e.g., for servicing (b) * * * (7) For all items exported under authoriza- d. Redesignating the note to paragraph and repair or for intransit shipments, you tion Validated End-User (VEU); (c)(8) as note 1 to paragraph (c)(8); and must include the following certification in (8) For all exports of tangible items subject e. Adding paragraph (e). Block 24: The firearms in this license application to the EAR where parties to the transaction, The revisions and additions read as fol- will not be shipped from or manufactured in as described in 748.5(d) through (f) of the lows. Russia, Georgia, Kazakhstan, Kyrgyzstan, EAR, are listed on the Unverified List (Sup- § 748.12 Firearms import certificate or import Moldova, Turkmenistan, Ukraine, or Uzbek- plement No. 6 to part 744 of the EAR), re- permit. istan, except for any firearm model con- gardless of value or destination; or License applications for certain firearms trolled by 0A501 that is specified under (9) For all exports, except for exports au- and related commodities require support Annex A in Supplement No. 4 to part 740. I thorized under License Exception BAG, as documents in accordance with this section. and the parties to this transaction will com- set forth in § 740.14 of the EAR, of items con- For destinations that are members of the Or- ply with the requirements specified in para- trolled under ECCNs 0A501.a or .b, shotguns ganization of American States (OAS), an FC graph (z)(2)(i) and (ii) of Supplement No. 2 to with a barrel length less than 18 inches con- Import Certificate or equivalent official doc- part 748. trolled under ECCN 0A502, or ammunition

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.061 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6555 controlled under ECCN 0A505 except for .c, for firearms ‘‘subject to the EAR’’ that are Moldova, Turkmenistan, Ukraine, or Uzbekistan regardless of value or destination, including on the United States Munitions Import List (except for any firearm model controlled by pro- exports to Canada. (USMIL, 27 CFR 447.21), except for firearms posed 0A501 that is specified under Annex A in (c) * * * ‘‘subject to the EAR’’ that are temporarily Supplement No. 4 to part 740;); or shotguns with (1) License Exception Baggage (BAG), as brought into the United States by non- a barrel length less than 18 inches controlled in set forth in § 740.14 of the EAR. See 15 CFR immigrant aliens under the provisions of De- ECCN 0A502 that are shipped from or manufac- 30.37(x) of the FTR; partment of Justice regulations at 27 CFR tured in a Country Group D:5 country, or from Note 1 to paragraph (c) (1): See the export part 478 (See 740.14(e) of License Exception Russia, Georgia, Kazakhstan, Kyrgyzstan, clearance requirements for exports of fire- BAG for information on the export of these Moldova, Turkmenistan, Ukraine, or Uzbek- arms controlled under ECCNs 0A501.a or .b, firearms ‘‘subject to the EAR’’). These fire- istan, because of the exclusions in License Ex- shotguns with a barrel length less than 18 arms are controlled in ECCN 0A501.a or .b or ception TMP under § 740.9(b)(5). inches controlled under ECCN 0A502, or am- shotguns with a barrel length less than 18 Note 2 to paragraph (b)(1): In accordance munition controlled under ECCN 0A505, au- inches controlled in ECCN 0A502. Items that with the exclusions in License Exception RPL thorized under License Exception BAG, as are temporarily exported under the EAR under § 740.10(b)(4) and Supplement No. 2 to set forth in § 740.14 of the EAR. must have met the export clearance require- part 748 paragraph (z) of the EAR, the entry ***** ments specified in § 758.1 of the EAR. clearance requirements in § 758.1(b)(9) do not (g) * * * (1) An authorization under the EAR is not permit the temporary import of: firearms con- (4) Exports of Firearms and Related Items. required for the temporary import of trolled in ECCN 0A501.a or .b that are shipped This paragraph (g)(4) includes two separate ‘‘items’ ’’ that are ‘‘subject to the EAR,’’ in- from or manufactured in Russia, Georgia, requirements under paragraph (g)(4)(i) and cluding for ‘‘items’ ’’ ‘‘subject to the EAR’’ Kazakhstan, Kyrgyzstan, Moldova, (ii) of this section that are used to better that are on the USMIL. Temporary imports Turkmenistan, Ukraine, or Uzbekistan (except identify exports of certain end item firearms of firearms described in this section must for any firearm model controlled by proposed under the EAR. Paragraph (g)(4)(i) is limited meet the entry clearance requirements spec- 0A501 that is specified under Annex A in Sup- to certain EAR authorizations. Paragraph ified in paragraph (b) of this section. plement No. 4 to part 740;); or shotguns with a (g)(4)(ii) applies to all EAR authorizations (2) Permanent imports are regulated by the barrel length less than 18 inches controlled in that require EEI filing in AES. Attorney General under the direction of the ECCN 0A502 that are shipped from or manufac- (i) Identifying end item firearms by manu- Department of Justice’s Bureau of Alcohol, tured in Russia, Georgia, Kazakhstan, facturer, model, caliber, and serial number Tobacco, Firearms and Explosives (see 27 Kyrgyzstan, Moldova, Turkmenistan, Ukraine, in the EEI filing in AES. For any export au- CFR parts 447, 478, 479, and 555). or Uzbekistan, because of the exclusions in Li- thorized under License Exception TMP or a (b) EAR procedures for temporary imports and cense Exception RPL under § 740.10(b)(4) and BIS license authorizing a temporary export subsequent exports. To the satisfaction of U.S. Supplement No. 2 to part 748 paragraph (z) of of items controlled under ECCNs 0A501.a or Customs and Border Protection, the tem- the EAR. .b, or shotguns with a barrel length less than porary importer must comply with the fol- (2) At the time of export, in accordance 18 inches controlled under ECCN 0A502, in lowing procedures: with the U.S. Customs and Border Protec- addition to any other required data for the (1) At the time of entry into the U.S. of the tion procedures, the eligible exporter, or an associated EEI filing, you must report the temporary import: agent acting on the filer’s behalf, must as re- manufacturer, model, caliber, and serial (i) Provide one of the following statements quired under § 758.1(b)(9) of the EAR file the number of the exported items. The require- specified in paragraphs (b)(1)(i)(A), (B), or (C) export information with CBP by filing EEI in ments of this paragraph also apply to any of this section to U.S. Customs and Border AES, noting the 43 applicable EAR author- other export authorized under a BIS license Protection: that includes a condition or proviso on the ization as the authority for the export, and (A) ‘‘This shipment is being temporarily provide, upon request by CBP, the entry doc- license requiring the submission of this in- imported in accordance with the EAR. This formation specified in paragraph (g) of this ument number or a copy of the CBP docu- shipment will be exported in accordance ment under which the ‘‘item’’ subject to the section when the EEI is filed in AES. with and under the authority of License Ex- (ii) Identifying end item firearms by EAR’’ on the USMIL was temporarily im- ception TMP (15 CFR 740.9(b)(5));’’ ported. See also the additional requirements ‘‘items’’’ level classification or other control (B) ‘‘This shipment is being temporarily descriptor in the EEI filing in AES. For any in § 758.1(g)(4). imported in accordance with the EAR. This 34. Add § 758.11 to read as follows: export of items controlled under ECCNs shipment will be exported in accordance 0A501.a or .b, or shotguns with a barrel with and under the authority of License Ex- § 758.11 Export clearance requirements for length less than 18 inches controlled under ception RPL (15 CFR 740.10(b));’’ or firearms and related items. ECCN 0A502, in addition to any other 39 re- (C) ‘‘This shipment is being temporarily (a) Scope. The export clearance require- quired data for the associated EEI filing, you imported in accordance with the EAR. This ments of this section apply to all exports of must include the six character ECCN classi- shipment will be exported in accordance commodities controlled under ECCNs 0A501.a fication (i.e., 0A501.a, or 0A501.b), or for shot- with and under the authority of BIS license or .b, shotguns with a barrel length less than guns controlled under 0A502 the phrase number (provide the license number) (15 CFR 18 inches controlled under ECCN 0A502, or ‘‘0A501 barrel length less than 18 inches’’’ as 750.7(a) and 758.4);’’ ammunition controlled under ECCN 0A505 the first text to appear in the Commodity de- (ii) Provide to U.S. Customs and Border except for .c, regardless of value or destina- scription block in the EEI filing in AES. (See Protection an invoice or other appropriate tion, including exports to Canada, that are 743.4(h) for the use of this information for import-related documentation (or electronic authorized under License Exception BAG, as conventional arms reporting). equivalents) that includes a complete list set forth in § 740.14. Note 2 to paragraph (g)(4): If a commodity de- and description of the firearms being tempo- (b) Required form. Prior to making any ex- scribed in paragraph (g)(4) is exported under Li- rarily imported, including their model, port described in paragraph (a) of this sec- cense Exception TMP under § 740.9(a)(6) for in- make, caliber, serial numbers, quantity, and tion, the exporter is required to submit a spection, test, calibration, or repair is not con- properly completed Department of Homeland sumed or destroyed in the normal course of au- U.S. dollar value; (iii) Provide (if temporarily imported for a Security, CBP Form 4457, (Certificate of Reg- thorized temporary use abroad, the commodity trade show, exhibition, demonstration, or istration for Personal Effects Taken Abroad) must be disposed of or retained in one of the testing) to U.S. Customs and Border Protec- (OMB Control Number 1651–0010), to the U.S. ways specified in § 740.9(a)(14)(i), (ii), or (iii). tion the relevant invitation or registration Customs and Border Protection (CBP), pur- For example, if a commodity described in para- suant to 19 CFR 148.1, and as required by this graph (g)(4) was destroyed while being repaired documentation for the event and an accom- section of the EAR. after being exported under § 740.9(a)(6), the com- panying letter that details the arrangements (1) Where to obtain the form? The CBP Cer- modity described in paragraph (g)(4) would not to maintain effective control of the firearms tification of Registration Form 4457 can be be required to be returned. If the entity doing while they are in the United States; (iv) Provide (if temporarily imported for found on the following CBP website: the repair returned a replacement of the com- https://www.cbp.gov/document/forms/form- modity to the exporter from the United States, servicing or replacement) to U.S. Customs 4457-certificate-registration-personal-effects- the import would not require an EAR authoriza- and Border Protection the name, address and taken-abroad tion. The entity that exported the commodity de- contact information (telephone number and/ (2) Required ‘‘description of articles’ ’’ for scribed in paragraph (g)(4) and the entity that or email) of the organization or individual in firearms to be included on the CBP Form received the commodity would need to document the U.S. that will be receiving the item for this as part of their recordkeeping related to this servicing or replacement). 4457. For all exports of firearms controlled export and subsequent import to the United Note 1 to paragraph (b)(1): In accordance under ECCNs 0A501.a or .b, or shotguns with States. with the exclusions in License Exception TMP a barrel length less than 18 inches controlled under § 740.9(b)(5) of the EAR, the entry clear- under ECCN 0A502, the exporter must pro- ***** ance requirements in § 758.1(b)(9) do not permit vide to CBP the serial number, make, model, 33. Add § 758.10 to read as follows: the temporary import of firearms controlled in and caliber for each firearm being exported § 758.10 Entry clearance requirements for ECCN 0A501.a or .b that are shipped from or by entering this information under the ‘‘De- temporary imports. manufactured in a Country Group D:5 country; scription of Articles’’ field of the CBP Form (a) Scope. This section specifies the tem- or that are shipped from or manufactured in 4457, Certificate of Registration for Personal porary import entry clearance requirements Russia, Georgia, Kazakhstan, Kyrgyzstan, Effects Taken Abroad.

VerDate Sep 11 2014 07:41 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.064 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6556 CONGRESSIONAL RECORD — SENATE November 13, 2019 (c) Where to find additional information on U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 et listed in USML Category I(g) or (h)): barrels, the CBP Form 4457? See the following CBP seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 cylinders, barrel extensions, mounting website page for additional information: CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR blocks (trunnions), bolts, bolt carriers, oper- https:/ /help.cbp.gov/app/answers/detail/a_id/ 44025, 3 CFR, 2001 Comp., p. 783; Notice of Au- ating rods, gas pistons, trigger housings, 323/∼/traveling-outside-of-the-u.s.-tempo- gust 8, 2018, 83 FR 39871 (August 13, 2018). triggers, hammers, sears, disconnectors, pis- rarily-taking-a-firearm%2C-rifle%2C- 41. In Supplement No. 1 to part 774, Cat- tol grips that contain fire control ‘‘parts’’ or gun%2C. egory 0, revise Export Control Classification ‘‘components’’ (e.g., triggers, hammers, (d) Return of items exported pursuant to this Number (ECCN) 0A018 to read as follows: sears, disconnectors) and buttstocks that section. The exporter when returning with a Supplement No. 1 to Part 774—The Com- contain fire control ‘‘parts’’ or ‘‘compo- commodity authorized under License Excep- merce Control List nents.’’ tion BAG and exported pursuant this section, ***** d. Detachable magazines with a capacity of is required to present a copy of the CBP 0A018 Items on the Wassenaar Munitions greater than 16 rounds ‘‘specially designed’’ Form 4457, Certificate of Registration for List (see List of Items Controlled). for a commodity controlled by paragraph .a or .b of this entry. Personal Effects Taken Abroad) (OMB Con- No items currently are in this ECCN. See Note 2 to paragraph 0A501.d: Magazines with trol Number 1651–0010), to CBP, pursuant to ECCN 0A505 for ‘‘parts’’ and ‘‘components’’ a capacity of 16 rounds or less are controlled 19 CFR 148.1, and as required by this section for ammunition that, immediately prior to of the EAR. under 0A501.x. [INSERT DATE 45 DAYS AFTER DATE OF e. Receivers (frames) and ‘‘complete breech PART 762—RECORDKEEPING PUBLICATION IN THE FEDERAL REG- mechanisms,’’ including castings, forgings 35. The authority citation for part 762 is re- ISTER], were classified under 0A018.b. stampings, or machined items thereof, ‘‘spe- vised to read as follows: 42. In Supplement No. 1 to part 774, Cat- cially designed’’ for a commodity by con- Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 4601 egory 0, add, between entries for ECCNs trolled by paragraph .a or .b of this entry. et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 0A018 and 0A521, entries for ECCNs 0A501, f. through w. [Reserved] FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of 0A502, 0A503, 0A504, and 0A505 to read as fol- x. ‘‘Parts’’ and ‘‘components’’ that are August 8, 2018, 83 FR 39871 (August 13, 2018). lows: ‘‘specially designed’’ for a commodity classi- 36. Section 762.2 is amended by removing 0A501 Firearms (except 0A502 shotguns) and fied under paragraphs .a through .c of this ‘‘and,’’ at the end of paragraph (a)(10), redes- related commodities as follows (see List entry or the USML and not elsewhere speci- ignating paragraph (a)(11) as paragraph of Items controlled). fied on the USML or CCL. (a)(12), and adding a new paragraph (a)(11) to License Requirements y. Specific ‘‘parts,’’ ‘‘components,’’ ‘‘acces- read as follows: Reason for Control: NS, RS, FC, UN, AT sories’’ and ‘‘attachments’’ ‘‘specially de- § 762.2 Records to be retained. signed’’ for a commodity subject to control in this ECCN or common to a defense article (a) * * * Control(s) Country Chart (See Supp. No. 1 to part 738) in USML Category I and not elsewhere speci- (11) The serial number, make, model, and fied in the USML or CCL as follows, and caliber for any firearm controlled in ECCN NS applies to entire entry except NS Column 1 ‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ and 0A501.a and for shotguns with barrel length 0A501.y. RS applies to entire entry except RS Column 1 ‘‘attachments’’ ‘‘specially designed’’ there- less than 18 inches controlled in 0A502 that 0A501.y. for. have been exported. The ‘‘exporter’’ or any FC applies to entire entry except FC Column 1 y.1. Stocks or grips, that do not contain other party to the transaction (see 758.3 of 0A501.y. UN applies to entire entry ...... See § 746.1 of the EAR for UN con- any fire control ‘‘parts’’ or ‘‘components’’ the EAR), that creates or receives such trols (e.g., triggers, hammers, sears, records is a person responsible for retaining AT applies to entire entry ...... AT Column 1 disconnectors);’’ this record; and y.2. Scope mounts or accessory rails; License Requirement Note: In addition to ***** y.3. Iron sights; using the Commerce Country Chart to deter- y.4. Sling swivels; 37. Section 762.3 is amended by revising mine license requirements, a license is re- paragraph (a)(5) to read as follows: y.5. Butt plates or recoil pads; quired for exports and reexports of ECCN y.6. Bayonets; and § 762.3 Records exempt from recordkeeping 0A501.y.7 firearms to the People’s Republic of y.7. Firearms manufactured from 1890 to requirements. China. 1898 and reproductions thereof. (a) * * * List Based License Exceptions (See Part 740 Technical Note I to 0A501: The controls on (5) Warranty certificate, except for a war- for a description of all license exceptions) ‘‘parts’’ and ‘‘components’’ in ECCN 0A501 in- ranty certificate issued for an address lo- LVS: $500 for 0A501.c, .d, and .x. clude those ‘‘parts’’ and ‘‘components’’ that are cated outside the United States for any fire- $500 for 0A501.c, .d, .e, and .x if the ulti- common to firearms described in ECCN 0A501 arm controlled in ECCN 0A501.a and for shot- mate destination is Canada. and to those firearms ‘‘subject to the ITAR.’’ Note 3 to 0A501: Antique firearms (i.e., those guns with barrel length less than 18 inches GBS: N/A manufactured before 1890) and reproductions controlled in 0A502; CIV: N/A thereof muzzle loading black powder firearms ***** Special conditions for STA PART 772—DEFINITIONS OF TERMS except those designs based on centerfire weap- STA: Paragraph (c)(2) of License Exception ons of a post 1937 design, BB guns, pellet rifles, 38. The authority citation for part 772 is re- STA (§ 740.20(c)(2) of the EAR) may not be paint ball, and all other air rifles are EAR99 vised to read as follows: used for any item in this entry. commodities. Authority: 50 U.S.C. 4801–4852; 50 U.S.C. List of Items Controlled Note 4 to 0A501: Muzzle loading (black pow- 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, der) firearms with a caliber less than 20 mm that Related Controls: (1) Firearms that are fully 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice were manufactured later than 1937 that are used automatic, and magazines with a capacity of of August 8, 2018, 83 FR 39871 (August 13, for hunting or sporting purposes that were not greater than 50 rounds, are ‘‘subject to the 2018). ‘‘specially designed’’ for military use and are ITAR.’’ (2) See ECCN 0A502 for shotguns and § 772.1—[AMENDED] not ‘‘subject to the ITAR’’ nor controlled as their ‘‘parts’’ and ‘‘components’’ that are shotguns under ECCN 0A502 are EAR99 com- 39. In § 772.1, in the definition of ‘‘specially subject to the EAR. Also see ECCN 0A502 for modities. designed,’’ Note 1 is amended by removing shot-pistols. (3) See ECCN 0A504 and USML 0A502 Shotguns; shotguns ‘‘parts’’ and ‘‘0B986’’ and adding in its place ‘‘0B505.c’’; Category XII for controls on optical sighting ‘‘components,’’ consisting of complete trig- and the definition of ‘‘complete breech mech- devices. ger mechanisms; magazines and magazine anisms’’ is added as set forth below: Related Definitions: N/A extension tubes; ‘‘complete breech mecha- § 772.1 Definitions of terms as used in the Ex- Items: nisms;’’ except equipment used exclusively port Administration Regulations (EAR). a. Non-automatic and semi-automatic fire- to treat or tranquilize animals, and except arms equal to .50 caliber (12.7 mm) or less. ***** arms designed solely for signal, flare, or sa- Note 1 to paragraph 0A501.a: ‘Combination Complete breech mechanisms. The mecha- luting use. pistols’ are controlled under ECCN 0A501.a. A nism for opening and closing the breech of a ‘combination pistol’ (a.k.a., a combination gun) License Requirements breech-loading firearm, especially of a has at least one rifled barrel and at least one Reason for Control: RS, CC, FC, UN, AT, NS heavy-caliber weapon. smoothbore barrel (generally a shotgun style ***** barrel). Country Chart (See Supp. Control(s) No. 1 to part 738) PART 774—THE COMMERCE CONTROL b. Non-automatic and non-semi-automatic LIST rifles, carbines, revolvers or pistols with a NS applies to shotguns with a barrel length NS Column 1 40. The authority citation for 15 CFR part caliber greater than .50 inches (12.7 mm) but less than 18 inches (45.72 cm). RS applies to shotguns with a barrel length RS Column 1 774 is revised to read as follows: less than or equal to .72 inches (18.0 mm). less than 18 inches (45.72 cm). Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 4601 c. The following types of ‘‘parts’’ and FC applies to entire entry ...... FC Column 1 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; ‘‘components’’ if ‘‘specially designed’’ for a CC applies to shotguns with a barrel length CC Column 1 less than 24 in. (60.96 cm) and shotgun 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 commodity controlled by paragraph .a or .b ‘‘components’’’ controlled by this entry re- et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 of this entry, or USML Category I (unless gardless of end user.

VerDate Sep 11 2014 07:41 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.065 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6557 License Requirements List Based License Exceptions (See Part 740 Control(s) Country Chart (See Supp. No. 1 to part 738) Reason for Control: FC, RS, CC, UN for a description of all license exceptions) CC applies to shotguns with a barrel length CC Column 2 LVS: $500 for items in 0A505.x, except $3,000 greater than or equal to 24 in. (60.96 cm), Control(s) Country Chart (See Supp. No. 1 to for items in 0A505.x that, immediately prior regardless of end user. part 738) to [INSERT DATE 45 DAYS AFTER DATE CC applies to shotguns with a barrel length CC Column 3 greater than or equal to 24 in. (60.96 cm) RS applies to paragraph.i ...... RS Column 1 OF PUBLICATION IN THE FEDERAL REG- if for sale or resale to police or law en- FC applies to paragraphs .a, .b, .c, FC Column 1 ISTER], were classified under 0A018.b. (i.e., forcement. d, .e, .g, and .i of this entry. ‘‘Specially designed’’ components and parts UN applies to entire entry ...... See § 746.1(b) of the EAR CC applies to entire entry ...... CC Column 1 for UN controls UN applies to entire entry ...... See § 746.1(b) of the EAR for UN for ammunition, except cartridge cases, pow- AT applies to shotguns with a barrel length AT Column 1 controls der bags, bullets, jackets, cores, shells, pro- less than 18 inches (45.72 cm). jectiles, boosters, fuses and components, List Based License Exceptions (See Part 740 primers, and other detonating devices and List Based License Exceptions (See Part 740 for a description of all license exceptions) ammunition belting and linking machines for a description of all license exceptions) LVS: $500 for 0A504.g. (all of which are ‘‘subject to the ITAR’’). LVS: $500 for 0A502 shotgun ‘‘parts’’ and GBS: N/A (See 22 CFR parts 120 through 130)) ‘‘components,’’ consisting of complete trig- CIV: N/A GBS: N/A ger mechanisms; magazines and magazine CIV: N/A List of Items Controlled extension tubes. Special conditions for STA $500 for 0A502 shotgun ‘‘parts’’ and ‘‘compo- Related Controls: (1) See USML Category STA: Paragraph (c)(2) of License Exception nents,’’ consisting of complete trigger mech- XII(c) for sighting devices using second gen- STA (§ 740.20(c)(2) of the EAR) may not be anisms; magazines and magazine extension eration image intensifier tubes having lumi- used for any item in 0A505. nous sensitivity greater than 350 μA/1m, or tubes, ‘‘complete breech mechanisms’’ if the List of Items Controlled third generation or higher image intensifier ultimate destination is Canada. Related Controls: (1) Ammunition for mod- GBS: N/A tubes, that are ‘‘subject to the ITAR.’’ (2) ern heavy weapons such as howitzers, artil- CIV: N/A See USML Category XII(b) for laser aiming lery, cannon, mortars and recoilless rifles as List of Items Controlled or laser illumination systems ‘‘subject to the ITAR.’’ (3) Section 744.9 of the EAR imposes well as inherently military ammunition Related Controls: Shotguns that are fully a license requirement on certain commod- types such as ammunition preassembled into automatic are ‘‘subject to the ITAR.’’ links or belts, caseless ammunition, tracer Related Definitions: N/A ities described in 0A504 if being exported, re- exported, or transferred (in-country) for use ammunition, ammunition with a depleted Items: The list of items controlled is con- uranium projectile or a projectile with a tained in the ECCN heading. by a military end-user or for incorporation into an item controlled by ECCN 0A919. hardened tip or core and ammunition with Note 1 to 0A502: Shotguns made in or before an explosive projectile are ‘‘subject to the Related Definitions: N/A 1898 are considered antique shotguns and des- ITAR.’’ (2) Percussion caps, and lead balls Items: ignated as EAR99. and bullets, for use with muzzle-loading fire- Technical Note: Shot pistols or shotguns that a. Telescopic sights. arms are EAR99 items. have had the shoulder stock removed and a pis- b. Holographic sights. Related Definitions: N/A tol grip attached are controlled by ECCN 0A502. c. Reflex or ‘‘red dot’’ sights. Items: Slug guns are also controlled under ECCN d. Reticle sights. a. Ammunition for firearms controlled by 0A502. e. Other sighting devices that contain opti- ECCN 0A501 or USML Category I and not 0A503 Discharge type arms; non-lethal or cal elements. enumerated in paragraph .b, .c, or .d of less-lethal grenades and projectiles, and f. Laser aiming devices or laser illuminators this entry or in USML Category III. ‘‘specially designed’’ ‘‘parts’’ and ‘‘compo- ‘‘specially designed’’ for use on firearms, b. Buckshot (No. 4 .24’’ diameter and larg- nents’’ of those projectiles; and devices to and having an operational wavelength er) shotgun shells. administer electric shock, for example, stun exceeding 400 nm but not exceeding 710 c. Shotgun shells (including less than le- guns, shock batons, shock shields, electric nm. thal rounds) that do not contain buckshot; cattle prods, immobilization guns and pro- Note 1 to 0A504.f: 0A504.f does not control and ‘‘specially designed’’ ‘‘parts’’’ and ‘‘com- jectiles; except equipment used exclusively laser boresighting devices that must be placed in ponents’’ of shotgun shells. to treat or tranquilize animals, and except the bore or chamber to provide a reference for Note 1 to 0A505.c: Shotgun shells that contain arms designed solely for signal, flare, or sa- aligning the firearms sights. only chemical irritants are controlled under luting use; and ‘‘specially designed’’ ‘‘parts’’ g. Lenses, other optical elements and ad- ECCN 1A984. and ‘‘components,’’ n.e.s. justment mechanisms for articles in para- d. Blank ammunition for firearms con- License Requirements graphs .a, .b, .c, .d, .e, or .i. trolled by ECCN 0A501 and not enumerated Reason for Control: CC, UN h. [Reserved] in USML Category III. i. Riflescopes that were not ‘‘subject to the e. through w. [Reserved] EAR’’ as of [INSERT DATE ONE DAY x. ‘‘Parts’’ and ‘‘components’’ that are PRIOR TO THE EFFECTIVE DATE OF THE ‘‘specially designed’’ for a commodity sub- ject to control in this ECCN or a defense ar- Control(s) Country Chart (See Supp. No. 1 to FINAL RULE] and are ‘‘specially designed’’ part 738) for use in firearms that are ‘‘subject to the ticle in USML Category III and not else- where specified on the USML, the CCL or CC applies to entire entry ...... A license is required for ALL des- ITAR.’’ tinations, except Canada, regard- Note 2 to paragraph i: For purpose of the ap- paragraph .d of this entry. Note 2 to 0A505.x: The Controls on ‘‘parts’’ less of end use. Accordingly, a plication of ‘‘specially designed’’ for the column specific to this control and ‘‘components’’ in this entry include Berdan riflescopes controlled under 0A504.i, para- does not appear on the Com- and boxer primers, metallic catridge cases, and merce Country Chart. (See part graph (a)(1) of the definition of ‘‘specially de- standard metallic projectiles such as full metal 742 of the EAR for additional in- signed’’ in § 772.1 of the EAR is what is used formation). jacket, lead core, and copper projectiles. to determine whether the riflescope is ‘‘spe- UN applies to entire entry ...... See 746.1(b) of the EAR for UN con- Note 3 to 0A505.x: The controls on ‘‘parts’’ trols cially designed.’’ and ‘‘components’’ in this entry include 0A505 Ammunition as follows (see List of those ‘‘parts’’ and ‘‘components’’ that are List Based License Exceptions (See Part 740 Items Controlled). for a description of all license exceptions) common to ammunition and ordnance de- License Requirements scribed in this entry and to those enumer- LVS: N/A Reason for Control: NS, RS, CC, FC, UN, AT ated in USML Category III. GBS: N/A Note 4 to 0A505: Lead shot smaller than No. C/V: N/A Control(s) Country Chart (See Supp. No. 1 to 4 Buckshot, empty and unprimed shotgun List of Items Controlled part 738) shells, shotgun wads, smokeless gunpowder, Related Controls: Law enforcement re- NS applies to 0A505.a and .x ...... NS Column 1 ‘Dummy rounds’ and blank rounds (unless straint devices that administer an electric RS applies to 0A505.a and .x ...... RS Column 1 linked or belted), not incorporating a lethal shock are controlled under ECCN 0A982. CC applies to 0A505.b ...... CC Column 1 or non-lethal projectile(s) are designated FC applies to entire entry except FC Column 1 Electronic devices that monitor and report a 0A505.d. EAR99. A ‘dummy round or drill round’ is a person’s location to enforce restrictions on UN applies to entire entry ...... See § 746.1 of the EAR for UN con- round that is completely inert, i.e., contains movement for law enforcement or penal rea- trols no primer, propellant, or explosive charge. It AT applies to 0A505.a, .d, and .x ..... AT Column 1 sons are controlled under ECCN 3A981. AT applies to 0A505.c ...... A license is required for items con- is typically used to check weapon function Related Definitions: N/A trolled by paragraph .c of this and for crew training. Items: The list of items controlled is con- entry to North Korea for 43. In Supplement No. 1 to part 774, Cat- tained in the ECCN heading. antiterrorism reasons. The Com- merce Country Chart is not de- egory 0, add, between entries for ECCNs 0A504 Optical sighting devices for firearms signed to determine AT licensing 0A521 and 0A604, an entry for ECCN 0A602 to (including shotguns controlled by 0A502); and requirements for this entry. See read as follows: ‘‘components’’ as follows (see List of Items § 742.19 of the EAR for addi- 0A602 Guns and Armament as follows (see tional information. Controlled). List of Items Controlled).

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License Requirements Country Chart (See Supp. No. 1 to 47. In Supplement No. 1 to part 774, Cat- Control(s) part 738) egory 0, add, between entries for ECCNs Reason for Control: NS, RS, UN, AT 0B521 and 0B604, an entry for ECCN 0B602 to RS applies to entire entry except RS Column 1 equipment for ECCN 0A501.y. read as follows: Control(s) Country Chart (See Supp. No. 1 to UN applies to entire entry ...... See § 746.1 of the EAR for UN con- 0B602 Test, inspection, and production part 738) trols ‘‘equipment’’ and related commodities ‘‘spe- AT applies to entire entry ...... AT Column 1 NS applies to entire entry ...... NS Column 1 cially designed’’ for the ‘‘development’’ or RS applies to entire entry ...... RS Column 1 ‘‘production’’ of commodities enumerated or List Based License Exceptions (See Part 740 UN applies to entire entry ...... See § 746.1 of the EAR for UN con- otherwise described in ECCN 0A602 or USML trols for a description of all license exceptions) AT applies to entire entry ...... AT Column 1 Category II as follows (see List of Items Con- LVS: $3000 trolled). GBS: N/A List Based License Exceptions (See Part License Requirements 740 for a description of all license exceptions) CIV: N/A Reason for Control: NS, RS, UN, AT LVS: $500 Special conditions for STA GBS: N/A STA: Paragraph (c)(2) of License Exception CIV: N/A Control(s) Country Chart (See Supp. No. 1 to STA (§ 740.20(c)(2) of the EAR) may not be part 738) Special conditions for STA used to ship any item in this entry. STA: Paragraph (c)(2) of License Exception NS applies to entire entry ...... NS Column 1 List of Items Controlled RS applies to entire entry ...... RS Column 1 STA (§ 740.20(c)(2) of the EAR) may not be UN applies to entire entry ...... See § 746.1 of the EAR for UN con- used for any item in 0A602. Related Controls: N/A trols List of Items Controlled Related Definitions: N/A AT applies to entire entry ...... AT Column 1 Items: Related Controls: (1) Modern heavy weap- a. Small arms chambering machines. List Based License Exceptions (See Part 740 ons such as howitzers, artillery, cannon, b. Small arms deep hole drilling machines for a description of all license exceptions) mortars, and recoilless rifles are ‘‘subject to and drills therefor. the ITAR.’’ (2) See ECCN 0A919 for foreign- LVS: $3000 c. Small arms rifling machines. N/A made ‘‘military commodities’’ that incor- GBS: d. Small arms spill boring machines. CIV: N/A porate more than a de minimis amount of e. Production equipment (including dies, Special conditions for STA U.S.-origin ‘‘600 series’’ items. (3) See ECCN fixtures, and other tooling) ‘‘specially de- 0A606 for engines that are ‘‘specially de- signed’’ for the ‘‘production’’ of the items STA: Paragraph (c)(2) of License Exception signed’’ for a self-propelled gun or howitzer controlled in 0A501.a through .x. or USML STA (§ 740.20(c)(2) of the EAR) may not be subject to control under paragraph .a of this Category I. used for any item in 0B602. ECCN or USML Category VII. 0B505 Test, inspection, and production List of Items Controlled Related Definitions: N/A Items: ‘‘equipment’’ and related commodities ‘‘spe- Related Controls: N/A a. Guns and armament manufactured be- cially designed’’ for the ‘‘development’’ or Related Definitions: N/A tween 1890 and 1919. ‘‘production’’ of commodities enumerated or Items: b. Military flame throwers with an effec- otherwise described in ECCN 0A505 or USML a. The following commodities if ‘‘specially tive range less than 20 meters. Category III, except equipment for the hand designed’’ for the ‘‘development’’ c. through w. [Reserved] loading of cartridges and shotgun shells, as or‘‘production’’ of commodities enumerated x. ‘‘Parts’’ and ‘‘components’’ that are follows (see List of Items Controlled). in ECCN 0A602.a or USML Category II: ‘‘specially designed’’ for a commodity sub- License Requirements a.1. Gun barrel rifling and broaching ma- ject to control in paragraphs .a or .b of this Reason for Control: NS, RS, UN, AT chines and tools therefor; ECCN or a defense article in USML Category a.2. Gun barrel rifling machines; II and not elsewhere specified on the USML Country Chart (See Supp. No. 1 to a.3. Gun barrel trepanning machines; or the CCL. Control(s) part 738) a.4. Gun boring and turning machines; Note 1 to 0A602.x: Engines that are ‘‘spe- a.5. Gun honing machines of 6 feet (183 cm) cially designed’’ for a self-propelled gun or NS applies to paragraphs .a and .x NS Column 1 RS applies to paragraphs .a and .x RS Column 1 stroke or more; howitzer subject to control under paragraph UN applies to entire entry ...... See § 746.1 of the EAR for UN con- a.6. Gun jump screw lathes; .a of this ECCN or a defense article in USML trols a.7. Gun rifling machines; and Category VII are controlled under ECCN AT applies to paragraphs .a, .d, and AT Column 1 .x. a.8. Barrel straightening presses. 0A606.x. AT applies to paragraph .c ...... A license is required for export or b. Jigs and fixtures and other metal-work- Note 2 to 0A602: ‘‘Parts,’’ ‘‘components,’’ reexport of these items to North ing implements or accessories of the kinds ‘‘accessories,’’ and ‘‘attachments’’ specified Korea for anti-terrorism reasons. exclusively designed for use in the manufac- in USML subcategory II(j) are subject to the ture of items in ECCN 0A602 or USML Cat- controls of that paragraph. List Based License Exceptions (See Part 740 egory II. Note 3 to 0A602: Black powder guns and ar- for a description of all license exceptions) c. Other tooling and equipment, ‘‘specially mament manufactured in or prior to 1890 and LVS: $3000 designed’’ for the ‘‘production’’ of items in replicas thereof designed for use with black GBS: N/A ECCN 0A602 or USML Category II. powder propellants are designated EAR99. CIV: N/A d. Test and evaluation equipment and test Supplement No. 1 to Part 774—[AMENDED] Special conditions for STA models, including diagnostic instrumenta- 44. In Supplement No. 1 to part 774, Cat- STA: Paragraph (c)(2) of License Exception tion and physical test models, ‘‘specially de- egory 0, remove ECCNs 0A918, 0A984, 0A985, STA (740.20(c)(2) of the EAR) may not be signed’’ for items in ECCN 0A602 or USML 0A986, and 0A987. used for any item in 0B505. Category II, 45. In Supplement No. 1 to part 774, Cat- Supplement No. 1 to Part 774—[AMENDED] egory 0, revise ECCN 0A988 to read as fol- List of Items Controlled 48. In Supplement No. 1 to part 774, Cat- lows: 0A988 Conventional military steel hel- Related Controls: N/A egory 0, remove ECCN 0B986. mets. Related Definitions: N/A No items currently are in this ECCN. See Items: 49. In Supplement No. 1 to part 774, Cat- ECCN 1A613.y.1 for conventional steel hel- a. Production equipment (including tool- egory 0, add, between the entries for ECCNs mets that, immediately prior to July 1, 2014, ing, templates, jigs, mandrels, molds, dies, 0D001 and 0D521, entries for ECCNs 0D501 and were classified under 0A988. fixtures, alignment mechanisms, and test 0D505 to read as follows: 46. In Supplement No. 1 to part 774, Cat- equipment), not enumerated in USML Cat- 0D501 ‘‘Software’’ ‘‘specially designed’’ for egory 0, add, before the entry for ECCN egory III that are ‘‘specially designed’’ for the ‘‘development,’’ ‘‘production,’’ operation, 0B521, entries for ECCNs 0B501 and 0B505 to the ‘‘production’’ of commodities controlled or maintenance of commodities controlled read as follows: by ECCN 0A505.a or .x or USML Category III. by 0A501 or 0B501. 0B501 Test, inspection, and production b. Equipment ‘‘specially designed’’ for the License Requirements ‘‘equipment’’ and related commodities for ‘‘production’’ of commodities in ECCN Reason for Control: NS, RS, UN, AT the ‘‘development’’ or ‘‘production’’ of com- 0A505.b. modities enumerated or otherwise described c. Equipment ‘‘specially designed’’ for the Control(s) Country Chart (See Supp. No. 1 to in ECCN 0A501 or USML Category I as fol- ‘‘production’’ of commodities in ECCN part 738) lows (see List of Items Controlled). 0A505.c. NS applies to entire entry except NS Column 1 License Requirements d. Equipment ‘‘specially designed’’ for the ‘‘software’’ for commodities in ‘‘production’’ of commodities in ECCN ECCN 0A501.y or equipment in Reason for Control: NS, RS, UN, AT ECCN 0B501 for commodities in 0A505.d. ECCN 0A501.y. Control(s) Country Chart (See Supp. No. 1 to e. through .w [Reserved] RS applies to entire entry except RS Column 1 part 738) x. ‘‘Parts’’ and ‘‘components’’ ‘‘specially ‘‘software’’ for commodities in ECCN 0A501.y or equipment in NS applies to entire entry except NS Column 1 for ECCN 0A501.y designed’’ for a commodity subject to con- ECCN 0B501 for commodities in equipment. trol in paragraph .a of this entry. ECCN 0A501.y.

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See § 746.1(b) of the EAR for UN for a description of all license exceptions) controls ‘‘600 series’’ items. AT applies to entire entry ...... AT Column 1 CIV: N/A Related Definitions: N/A TSR: N/A Items: ‘‘Software’’ ‘‘specially designed’’ for Special conditions for STA List Based License Exceptions (See Part 740 the ‘‘development,’’ ‘‘production,’’ operation, for a description of all license exceptions) STA: Paragraph (c)(2) of License Exception or maintenance of commodities controlled STA (§ 740.20(c)(2) of the EAR) may not be by ECCN 0A602 and ECCN 0B602. CIV: N/A used for any ‘‘software’’ in 0D501. 51. In Supplement No. 1 to part 774, Cat- TSR: N/A List of Items Controlled egory 0, remove ECCN 0E018. List of Items Controlled Related Controls: ‘‘Software’’ required for 52. In Supplement No. 1 to part 774, Cat- Related Controls: N/A and directly related to articles enumerated egory 0, add, between the entries for ECCNs Related Definitions: N/A in USML Category I is ‘‘subject to the 0E001 and 0E521, entries for ECCNs 0E501, Items: The list of items controlled is con- ITAR’’. 0E502, 0E504, and 0E505 to read as follows: tained in the ECCN heading. Related Definitions: N/A 0E501 ‘‘Technology’’ ‘‘required’’ for the 0E505 ‘‘Technology’’ ‘‘required’’ for the Items: The list of items controlled is con- ‘‘development,’’ ‘‘production,’’ operation, in- ‘‘development,’’ ‘‘production,’’ operation, in- tained in this ECCN heading. stallation, maintenance, repair, or overhaul stallation, maintenance, repair, overhaul, or 0D505 ‘‘Software’’ ‘‘specially designed’’ for of commodities controlled by 0A501 or 0B501 refurbishing of commodities controlled by the ‘‘development,’’ ‘‘production,’’ operation, as follows (see List of Items Controlled). 0A505. or maintenance of commodities controlled License Requirements by 0A505 or 0B505. License Requirements Reason for Control: NS, RS, UN, AT License Requirements Reason for Control: NS, RS, UN, CC, AT Reason for Control: NS, RS, UN, AT Country Chart (See Supp. No 1 to Control(s) part 738) Country Chart (See Supp. No. 1 to Control(s) part 738) Country Chart (See Supp. No. 1 to Control(s) part 738) NS applies to entire entry ...... NS Column 1 RS applies to entire entry ...... RS Column 1 NS applies to ‘‘technology’’ for ‘‘de- NS Column 1 UN applies to entire entry ...... See § 746.1 of the EAR for UN con- velopment,’’ ‘‘production,’’ oper- NS applies to ‘‘software’’ for com- NS Column 1 trols ation, installation, maintenance, modities in ECCN 0A505.a and .x AT applies to entire entry ...... AT Column 1 repair, overhaul, or refurbishing and equipment in ECCN 0B505.a commodities in 0A505.a and .x; and .x. for equipment for those commod- RS applies to ‘‘software’’ for com- RS Column 1 List Based License Exceptions (See Part 740 ities in OB505; and for ‘‘soft- modities in ECCN 0A505.a and .x for a description of all license exceptions) ware’’ for that equipment and and equipment in ECCN 0B505.a those commodities in OD505. and .x. CIV: N/A RS applies to entire entry except RS Column 1 UN applies to entire entry ...... See § 746.1 of the EAR for UN con- TSR: N/A ‘‘technology’’ for ‘‘development,’’ trols ‘‘production,’’ operation, installa- AT applies to ‘‘software’’ for com- AT Column 1 Special conditions for STA tion, maintenance, repair, over- modities in ECCN 0A505.a, .d, or STA: Paragraph (c)(2) of License Exception haul, or refurbishing commodities .x and equipment in ECCN in 0A505.a and .x; for equipment 0B505.a, .d, or .x. STA (740.20(c)(2) of the EAR) may not be for those commodities in OB505 used to ship any ‘‘technology’’ in ECCN and for ‘‘software’’ for those com- 0E501. modities and that equipment in List Based License Exceptions (See Part 740 OD505. for a description of all license exceptions) List of Items Controlled UN applies to entire entry ...... See § 746.1 of the EAR for UN con- CIV: N/A trols Related Controls: Technical data required CC applies to ‘‘technology’’ for the CC Column 1 TSR: N/A for and directly related to articles enumer- ‘‘development’’ or ‘‘production’’ of Special conditions for STA ated in USML Category I are ‘‘subject to the commodities in 0A505.b. AT applies to ‘‘technology’’ for ‘‘de- AT Column 1 STA: Paragraph (c)(2) of License Exception ITAR.’’ velopment,’’ ‘‘production,’’ oper- STA (§ 740.20(c)(2) of the EAR) may not be Related Definitions: N/A ation, installation, maintenance, used for any ‘‘software’’ in 0D505. Items: repair, overhaul, or refurbishing a. ‘‘Technology’’ ‘‘required’’ for the ‘‘devel- commodities in 0A505.a, .d, and List of Items Controlled .x. opment’’ or ‘‘production’’ of commodities Related Controls: ‘‘Software’’ required for controlled by ECCN 0A501 (other than List Based License Exceptions (See Part 740 and directly related to articles enumerated 0A501.y) or 0B501. in USML Category III is ‘‘subject to the b. ‘‘Technology’’ ‘‘required’’ for the oper- for a description of all license exceptions) ITAR’’. ation, installation, maintenance, repair, or CIV: N/A Related Definitions: N/A overhaul of commodities controlled by ECCN TSR: N/A Items: The list of items controlled is con- 0A501 (other than 0A501.y) or 0B501. Special conditions for STA tained in this ECCN heading. 0E502 ‘‘Technology’’ ‘‘required’’ for the 50. In Supplement No. 1 to part 774, Cat- STA: Paragraph (c)(2) of License Exception ‘‘development’’ or ‘‘production’’ of commod- egory 0, add, between the entries for ECCNs STA (§ 740.20(c)(2) of the EAR) may not be ities controlled by 0A502. 0D521 and 0D604, an entry for ECCN 0D602 to used for any ‘‘technology’’ in 0E505. read as follows: License Requirements List of Items Controlled 0D602 ‘‘Software’’ ‘‘specially designed’’ for Reason for Control: CC, UN Related Controls: Technical data required the ‘‘development,’’ ‘‘production,’’ operation for and directly related to articles enumer- or maintenance of commodities controlled Country Chart (See Supp. No. 1 part Controls 738) ated in USML Category III are ‘‘subject to by 0A602 or 0B602 as follows (see List of the ITAR’’. Items Controlled). CC applies to entire entry ...... CC Column 1 Related Definitions: N/A UN applies to entire entry ...... See § 746.1(b) of the EAR for UN License Requirements controls Items: The list of items controlled is con- Reason for Control: NS, RS, UN, AT tained in this ECCN heading. List Based License Exceptions (See Part 740 53. In Supplement No. 1 to part 774, Cat- Country Chart (See Supp. No. 1 to for a description of all license exceptions) egory 0, add, between the entries for ECCNs Control(s) part 738) CIV: N/A 0E521 and 0E604, an entry for ECCN 0E602: NS applies to entire entry ...... NS Column 1 TSR: N/A 0E602 ‘‘Technology’’ ‘‘required’’ for the RS applies to entire entry ...... RS Column 1 ‘‘development,’’ ‘‘production,’’ operation, in- UN applies to entire entry ...... See § 746.1 of the EAR for UN con- List of Items Controlled stallation, maintenance, repair, overhaul, or trols Related Controls: Technical data required AT applies to entire entry ...... AT Column 1 refurbishing of commodities controlled by for and directly related to articles enumer- 0A602 or 0B602, or ‘‘software’’ controlled by List Based License Exceptions (See Part 740 ated in USML Category I are ‘‘subject to the 0D602 as follows (see List of Items Con- for a description of all license exceptions) ITAR’’. trolled). Related Definitions: N/A CIV: N/A Items: The list of items controlled is con- License Requirements TSR: N/A tained in the ECCN heading. Reason for Control: NS, RS, UN, AT Special conditions for STA 0E504 ‘‘Technology’’ ‘‘required’’ for the STA: Paragraph (c)(2) of License Exception ‘‘development’’ or ‘‘production’’ of commod- Country Chart (See Supp. No. 1 to Control(s) part 738) STA (§ 740.20(c)(2) of the EAR) may not be ities controlled by 0A504 that incorporate a used for any item in 0D602. focal plane array or image intensifier tube. NS applies to entire entry ...... NS Column 1

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Country Chart (See Supp. No. 1 to GBS: N/A I and controlled in ECCN 0B602 if they are of Control(s) part 738) CIV: N/A the kind exclusively designed for use in the manufacture of items in ECCN 0A602 or RS applies to entire entry ...... RS Column 1 List of Items Controlled USML Category II. UN applies to entire entry ...... See 746.1 of the EAR for UN con- Related Controls: N/A trols 60. In Supplement No. 1 to part 774, Cat- Related Definitions: N/A AT applies to entire entry ...... AT Column 1 egory 2, revise ECCN 2D018 to read as fol- Items: lows: List Based License Exceptions (See Part 740 The list of items controlled is contained in 2D018 ‘‘Software’’ for the ‘‘development,’’ for a description of all license exceptions) the ECCN heading. ‘‘production,’’ or ‘‘use’’ of equipment con- CIV: N/A 58. In Supplement No. 1 to part 774, Cat- trolled by 2B018. TSR: N/A egory 2, revise ECCN 2B004 to read as fol- No software is currently controlled under Special conditions for STA lows: this entry. See ECCNs OD501, OD602, and 2B004 Hot ‘‘isostatic presses’’ having all of STA: Paragraph (c)(2) of License Exception OD606 for software formerly controlled under the characteristics described in the List of STA (740.20(c)(2) of the EAR) may not be this entry. Items Controlled, and ‘‘specially designed’’ used for any item in 0E602. 61. In Supplement No. 1 to part 774, Cat- ‘‘components’’ and ‘‘accessories’’ therefor. List of Items Controlled egory 2, revise ECCN 2E001 to read as fol- License Requirements lows: Related Controls: Technical data directly Reason for Control: NS, MT, NP, AT 2E001 ‘‘Technology’’ according to the Gen- related to articles enumerated in USML Cat- eral Technology Note for the ‘‘development’’ egory II are ‘‘subject to the ITAR.’’ Country Chart (See Supp. No. 1 to of equipment or ‘‘software’’ controlled by 2A Related Definitions: N/A Control(s) part 738) Items: ‘‘Technology’’ ‘‘required’’ for the (except 2A983, 2A984, 2A991, or 2A994), 2B (ex- cept 2B991, 2B993, 2B996, 2B997, 2B998, or ‘‘development,’’ ‘‘production,’’ operation, in- NS applies to entire entry ...... NS Column 2 stallation, maintenance, repair, or overhaul MT applies to entire entry ...... MT Column 1 2B999), or 2D (except 2D983, 2D984, 2D991, NP applies to entire entry, except NP Column 1 2D992, or 2D994). of commodities controlled by ECCN 0A602 or 2B004.b.3 and presses with max- 0B602, or ‘‘software’’ controlled by ECCN imum working pressures below 69 License Requirements 0D602. MPa. Reason for Control: NS, MT, NP, CB, AT AT applies to entire entry ...... AT Column 1 Supplement No. 1 to Part 774—[AMENDED] Country Chart (See Supp. No. 1 to 54. In Supplement No. 1 to part 774, Cat- List Based License Exceptions (See Part 740 Control(s) part 738) egory 0, remove ECCN 0E918. for a description of all license exceptions) 55. In Supplement No. 1 to part 774, Cat- NS applies to ‘‘technology’’ for items NS Column 1 LVS: N/A egory 0, revise ECCN 0E982 to read as fol- controlled by 2A001, 2B001 to GBS: N/A 2B009, 2D0Of or 2D002. lows. MT applies to ‘‘technology’’ for items MT Column 1 0E982 ‘‘Technology’’ exclusively for the C/V: N/A controlled by 2B004, 2B009, ‘‘development’’ or ‘‘production’’ of equip- List of Items Controlled 2B104, 2B105, 2B109, 2B116, 2B117, 2B119 to 2B122, 2D001, ment controlled by 0A982 or 0A503. Related Controls: (1) See ECCN 2D001 for or 2D101 for MT reasons. License Requirements software for items controlled under this NP applies to ‘‘technology’’ for items NP Column 1 controlled by 2A225, 2A226, Reason for Control: CC entry. (2) See ECCNs 2E001 (‘‘development’’), 2B001, 2B004, 2B006, 2B007, 2E002 (‘‘production’’), and 2E101 (‘‘use’’) for 2B009, 2B104, 2B 109, 2B116, Control(s) technology for items controlled under this 2B201, 2B204, 2B206, 2B207, entry. (3) For ‘‘specially designed’’ dies, 2B209, 2B225 to 2B233, 2D001, CC applies to ‘‘technology’’ for items controlled by 0A982 or 0A503. A li- 2D002, 2D101, 2D201, or 2D202 cense is required for ALL destinations, except Canada, regardless of end molds and tooling, see ECCNs 0B501, 0B602, for NP reasons. use. Accordingly, a column specific to this control does not appear on 0B606, 1B003, 9B004, and 9B009. (4) For addi- NP applies to ‘‘technology’’ for items NP Column 2 the Commerce Country Chart. (See part 742 of the EAR for additional tional controls on dies, molds and tooling, controlled by 2A290, 2A291, or information.) 2D290 for NP reasons. see ECCNs 1B101.d, 2B104, and 2B204. (5) Also CB applies to ‘‘technology’’ for CB Column 2 see ECCNs 2B117 and 2B999.a. equipment controlled by 2B350 List Based License Exceptions (See Part 740 to 2B352, valves controlled by for a description of all license exceptions) Related Definitions: N/A 2A226 having the characteristics Items: CIV: N/A of those controlled by 2B350.g, a. A controlled thermal environment with- and software controlled by TSR: N/A 2D351 in the closed cavity and possessing a cham- AT applies to entire entry ...... AT Column 1 List of Items Controlled ber cavity with an inside diameter of 406 mm Related Controls: N/A or more; and Reporting Requirements Related Definitions: N/A b. Having any of the following: Items: See § 743.1 of the EAR for reporting require- The list of items controlled is contained in b.1. A maximum working pressure exceed- ments for exports under License Exceptions, the ECCN heading. ing 207 MPa; and Validated End-User authorizations. b.2. A controlled thermal environment ex- List Based License Exceptions (See Part 740 Supplement No. 1 to Part 774—[AMENDED] ceeding 1,773 K (1,500 °C); or for a description of all license exceptions) 56. In Supplement No. 1 to part 774, Cat- b.3. A facility for hydrocarbon impregna- egory 0, remove ECCNs 0E984 and 0E987. tion and removal of resultant gaseous deg- CIV: N/A TSR: Yes, except N/A for MT 57. In Supplement No. 1 to part 774, Cat- radation products. egory 1, revise ECCN 1A984 to read as fol- Technical Note: The inside chamber dimension Special Conditions for STA lows: is that of the chamber in which both the work- STA: License Exception STA may not be 1A984 Chemical agents, including tear gas ing temperature and the working pressure are used to ship or transmit ‘‘technology’’ ac- formulation containing 1 percent or less of achieved and does not include fixtures. That di- cording to the General Technology Note for orthochlorobenzalmalononitrile (CS), or 1 mension will be the smaller of either the inside the ‘‘development’’ of ‘‘software’’ specified in percent or less of chloroacetophenone (CN), diameter of the pressure chamber or the inside the License Exception STA paragraph in the except in individual containers with a net diameter of the insulated furnace chamber, de- License Exception section of ECCN 2D001 or weight of 20 grams or less; liquid pepper ex- pending on which of the two chambers is located for the ‘‘development’’ of equipment as fol- cept when packaged in individual containers inside the other. lows: ECCN 2B001 entire entry; or ‘‘Numeri- with a net weight of 3 ounces (85.05 grams) or 59. In Supplement No. 1 to part 774, Cat- cally controlled’’ or manual machine tools less; smoke bombs; non-irritant smoke egory 2, revise ECCN 2B018 to read as fol- as specified in 2B003 to any of the destina- flares, canisters, grenades and charges; and lows: tions listed in Country Group A:6 (See Sup- other pyrotechnic articles (excluding shot- 2B018 Equipment on the Wassenaar Ar- plement No.1 to part 740 of the EAR). gun shells, unless the shotgun shells contain rangement Munitions List. only chemical irritants) having dual mili- List of Items Controlled No commodities currently are controlled tary and commercial use, and ‘‘parts’’ and Related Controls: See also 2E101, 2E201, and by this entry. Commodities formerly con- ‘‘components’’ ‘‘specially designed’’ therefor, 2E301 trolled by paragraphs .a through .d, .m, and n.e.s. Related Definitions: N/A .s of this entry are controlled in ECCN 0B606. Items: License Requirements Commodities formerly controlled by para- The list of items controlled is contained in Reason for Control: CC graphs .e through .1 of this entry are con- the ECCN heading. trolled by ECCN 0B602. Commodities for- Note 1 to 2E001: ECCN 2E001 includes ‘‘tech- Country Chart (See Supp. No. 1 to nology’’ for the integration of probe systems Control(s) part 738) merly controlled by paragraphs .o through .r of this entry are controlled by ECCN 0B501. into coordinate measurement machines specified CC applies to entire entry ...... CC Column 1 Commodities formerly controlled by para- by 2B006.a. graph .n of this entry are controlled in ECCN 62. In Supplement No. 1 to part 774, Cat- List Based License Exceptions (See Part 740 0B501 if they are ‘‘specially designed’’ for the egory 2, revise ECCN 2E002 to read as fol- for a description of all license exceptions) ‘‘production’’ of the items controlled in lows: LVS: N/A ECCN 0A501.a through .x or USML Category 2E002 ‘‘Technology’’ according to the Gen- eral Technology Note for the ‘‘production’’

VerDate Sep 11 2014 07:05 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.077 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6561 of equipment controlled by 2A (except 2A983, are enumerated in USML Category XII, and diction of the Export Administration Regu- 2A984, 2A991, or 2A994), or 2B (except 2B991, technical data (including software) directly lations (EAR) and identified on its CCL. 2B993, 2B996, 2B997, 2B998, or 2B999). related thereto, are subject to the ITAR. (2) In connection with this effort, the Depart- License Requirements See Related Controls in ECCNs 0A504, 2A984, ment of State has published 26 final, or in- 6A002, 6A003, 6A004, 6A005, 6A007, 6A008, terim final, rules revising 18 of the 21 USML Reason for Control: NS, MT, NP, CB, AT 6A107, 7A001, 7A002, 7A003, 7A005, 7A101, categories. In May 2018, the Department of Country Chart (See Supp. No. 1 to 7A102, and 7A103. (3) See ECCN 3A611 and State published proposed revisions of the re- Control(s) part 738) USML Category XI for controls on counter- maining three USML Categories, including measure equipment. (4) See ECCN 0A919 for Category I (firearms and related articles), II NS applies to ‘‘technology’’ for NS Column 1 equipment controlled by 2A001, foreign-made ‘‘military commodities’’ that (guns and armaments) and III (ammunition 2B001 to 2B009. incorporate more than a de minimis amount and ordnance), which follow this model of MT applies to ‘‘technology’’ for MT Column 1 of U.S. origin ‘‘600 series’’ controlled con- utilizing a ‘‘positive list’’ for controls. Arti- equipment controlled by 2B004, 2B009, 2B104, 2B105, 2B109, tent. cles that are not positively identified on the 2B116, 2B117, or 2B119 to Related Definitions: N/A USML will continue to be controlled, albeit 2B122 for MT reasons. Items: under the jurisdiction of the EAR. NP applies to ‘‘technology’’ for NP Column 1 equipment controlled by 2A225, a. Guidance or navigation systems, not In February 2019, the Department of State 2A226, 2B001, 2B004, 2B006, elsewhere specified on the USML, that are formally notified Congress of the transfer of 2B007, 2B009, 2B104, 2B109, ‘‘specially designed’’ for a defense article on jurisdictional control of certain classes of 2B116, 2B201, 2B204, 2B206, 2B207, 2B209, 2B225 to 2B233 the USML or for a 600 series item. items in Categories, I, II, and III. The De- for NP reasons b. to w. [RESERVED] partment of State is submitting a new notifi- NP applies to ‘‘technology’’ for NP Column 2 x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ cation to Congress because the Department equipment controlled by 2A290 and ‘‘attachments,’’ including or 2A291 for NP reasons of Commerce has amended certain controls CB applies to ‘‘technology’’ for CB Column 2 accelerometers, gyros, angular rate sensors, in its draft companion rule. In particular, in equipment controlled by 2B350 gravity meters (gravimeters), and inertial order to address concerns raised by some to 2B352 and for valves con- measurement units (IMUs), that are ‘‘spe- trolled by 2A226 having the members of Congress and the public regard- characteristics of those con- cially designed’’ for defense articles con- ing certain access to 3D printing technology trolled by 2B350.g trolled by USML Category XII or items con- and software for firearms, the Department of AT applies to entire entry ...... AT Column 1 trolled by 7A611, and that are NOT: Commerce has revised its draft final rule to 1. Enumerated or controlled in the USML make certain technology and software capa- Reporting Requirements or elsewhere within ECCN 7A611; ble of producing firearms subject to the EAR See § 743.1 of the EAR for reporting require- 2. Described in ECCNs 6A007, 6A107, 7A001, when posted on the internet under specified ments for exports under License Exceptions, 7A002, 7A003, 7A101, 7A102, or 7A103; or circumstances. The Department of State has and Validated End-User authorizations. 3. Elsewhere specified in ECCN 7A611.y or not made any changes to the classes of items List Based License Exceptions (See Part 740 3A611.y. in Categories I, II, or III that it is proposing for a description of all license exceptions) y. Specific ‘‘parts,’’ ‘‘components,’’ ‘‘acces- to remove from the USML from the time CIV: N/A sories,’’ and ‘‘attachments’’ ‘‘specially de- that the Department of State notified Con- TSR: Yes, except N/A for MT signed’’ for a commodity subject to control gress in February 2019. in this ECCN or a defense article in Category Special Conditions for STA Category I—Firearms and Related Articles XII and not elsewhere specified on the USML STA: License Exception STA may not be or in the CCL, as follows, and ‘‘parts,’’ ‘‘com- Paragraph (a) is revised by limiting the used to ship or transmit ‘‘technology’’ ac- ponents,’’ ‘‘accessories,’’ and ‘‘attachments’’ scope of the control to firearms using cording to the General Technology Note for ‘‘specially designed’’ therefor: caseless ammunition. Non-automatic and the ‘‘production’’ of equipment as follows: y.1 [RESERVED] semi-automatic firearms that do not use ECCN 2B001 entire entry; or ‘‘Numerically Dated: caseless ammunition will be controlled in controlled’’ or manual machine tools as Export Control Classification Number RICHARD E. ASHOOH, specified in 2B003 to any of the destinations Assistant Secretary for Export Administration. (ECCN) 0A501 on the CCL, except for firearms listed in Country Group A:6 (See Supplement manufactured prior to 1890. No.1 to part 740 of the EAR). Summary of Revisions to USML Categories Paragraph (b) is non-substantively revised. I, II, and III List of Items Controlled Paragraph (c) is revised by limiting the In 2009, the interagency began a review of Related Controls: N/A scope to firearms specially designed to inte- the U.S. export control system, with the goal Related Definitions: N/A grate fire control, automatic tracking, or of strengthening national security and the Items: automatic firing (e.g., Precision Guided Fire- competitiveness of key U.S. manufacturing The list of items controlled is contained in arms). Other weapons that were controlled and technology sectors by focusing on cur- the ECCN heading. here will be controlled in ECCN 0A501. rent threats, as well as adapting to the 63. In Supplement No. 1 to part 774, Cat- Paragraph (d) is revised by limiting the changing economic and technological land- egory 7, revise ECCN 7A611 to read as fol- scope to fully automatic shotguns. Other scape. This review determined that the then- lows: shotguns that were controlled here will be current export control system was overly 7A611 Military fire control, laser, imaging, controlled in ECCN 0A502. complicated, contained too many and guidance equipment, as follows (see List Paragraph (e) is revised by removing flash redundancies, and, in trying to protect too of Items Controlled). suppressors and moving certain parts and much, diminished our ability to focus our ef- components for the remaining items in para- License Requirements forts on the most critical national security graph (e) to paragraph (h)(3). Flash suppres- Reason for Control: NS, MT, RS, AT, UN priorities. sors will be controlled in ECCN 0A501. To this end, the Departments of State and Paragraph (f) is reserved. Riflescopes with Country Chart (See Supp. No. 1 to Commerce have been reviewing and revising night vision or infrared were moved to Control part 738). the two primary lists of controlled items, USML Category XII(c)(2) in 2016 through 81 NS applies to entire entry except NS Column 1 i.e., the United States Munitions List FR 70340. All other rifle scopes that were 7A611.y. (USML) and the Commerce Control List controlled here will be controlled in ECCN MT applies to commodities in MT Column 1 7A611.a that meet or exceed the (CCL). A key strategy in the reform effort 0A504. parameters in 7A103.b or .c. has been to construct the lists so they posi- Paragraph (g) is revised to more clearly de- RS applies to entire entry except RS Column 1 tively identify the items they control. Thus, lineate the major components of USML fire- 7A611.y. AT applies to entire entry ...... AT Column 1 for example, the USML lists the specific arms that are controlled. The major parts UN applies to entire entry except See § 746.1(b) of the EAR for UN types of parts, components, accessories, and and components of firearms that transition 7A611.y. controls attachments that warrant control under the to the CCL will be controlled in ECCN 0A501. International Traffic in Arms Regulations Paragraph (h) is revised by adding four List Based License Exceptions (See Part 740 (ITAR) rather than all generic ‘‘parts,’’ subparagraphs to specifically enumerate the for a description of all license exceptions) ‘‘components,’’ ‘‘accessories and attach- articles controlled. The parts, components, LVS: $1500 ments’’ that are in any way ‘‘specifically de- accessories, and attachments of firearms GBS. N/A signed, modified, adapted, or configured’’ for that transition to the CCL will be controlled C/V: N/A a defense article, regardless of military sig- in ECCN 0A501, as will any parts, compo- Special Conditions for STA nificance (as is currently the case for nents, accessories, and attachments of STA: Paragraph (c)(2) of License Exception unrevised USML categories). All other ge- USML firearms that are not listed in para- STA (740.20(c)(2) of the EAR) may not be neric parts, components, accessories, and at- graphs (g) or (h). used for any item in 7A611. tachments and the technology for their ‘‘pro- Paragraph (i) is revised to add control for duction,’’ ‘‘development,’’ or ‘‘use’’ that are the classified technical data directly related List of Items Controlled ‘‘specially designed’’ for an item formerly on to items controlled in ECCNs 0A501, OB501, Related Controls: (1) Military fire control, the USML but not specifically identified on OD501, and 0E501 and defense services using laser, imaging, and guidance equipment that the USML will become subject to the juris- the classified technical data.

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.080 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6562 CONGRESSIONAL RECORD — SENATE November 13, 2019 A new paragraph (x) has been added to armaments manufactured between 1890 and Categories I, II and III MDE Transitioning to the CCL USML Category I, allowing ITAR licensing 1919 will be controlled under ECCN 0A602, ex- on behalf of the Department of Commerce cept for black powder guns and armaments ITEM DESCRIPTION CCL CONTROL for commodities, software, and technology manufactured earlier than 1890. Cartridge, 5.56mm M855A1 ...... CCL ...... ECCN 0A505.a subject to the EAR, provided those commod- Paragraph (b) is revised to more specifi- ities, software, and technology are to be used cally describe the items warranting control Edited text set in black brackets. Revised in or with defense articles controlled in under this paragraph by identifying those text set in italic. USML Category XII and are described in the items in two subparagraphs. Items that were f purchase documentation submitted with the controlled in this paragraph but do not meet application. the more specific description will be con- NATIVE AMERICAN HERITAGE Category II—Guns and Armament trolled in ECCN 0B505. MONTH Paragraph (c) is reserved. The items that Mr. UDALL. Mr. President, every No- Paragraph (a) is revised by adding five sub- were controlled in this paragraph will be paragraphs to specifically enumerate the ar- controlled in ECCN 0B505. vember, the Senate observes Native ticles controlled, including adding a control Paragraph (d) is revised by adding fifteen American Heritage Month to recognize for DOD-funded development guns and arma- subparagraphs to specifically enumerate the the contributions of American Indians, ments and their specially designed parts and articles controlled. Parts and components of Alaska Natives, and Native Hawaiians components. Two notes are added to para- USML ammunition that are not described to the United States. graph (a) in order to exclude from the con- will be controlled in ECCN 0A505. Today, the promise of Native trol certain items that do not warrant con- Paragraph (e) is revised to add control for trol on the USML. Non-automatic and non- achievement burns brighter than ever. the classified technical data directly related Just a few months ago, Joy Harjo, a semi-automatic rifles, carbines, and pistols to items controlled in ECCNs 0A505, 0B505, between .50 (12.7 mm) and .72 caliber (18.288 0D505, and 0E505 and defense services using member of the Muscogee Creek Nation, mm) will be controlled under ECCN 0A501. the classified technical data. became the Nation’s 23rd Poet Lau- Black powder guns and armaments manufac- A new paragraph (x) has been added to reate. The first Native American ap- tured between 1890 and 1919 will be controlled USML Category II, allowing ITAR licensing pointed to the laureateship in the his- under ECCN 0A602, except for black powder on behalf of the Department of Commerce tory of the Library of Congress, Ms. guns and armaments manufactured earlier for commodities, software, and technology Harjo is an inspiration to the next gen- than 1890. subject to the EAR, provided those commod- eration of Native American writers, Paragraph (b) is revised to control flame ities, software, and technology are to be used throwers based on the technical parameter of in or with defense articles controlled in poets, and artists to share their diverse a range 20 meters or greater. USML Category XII and are described in the and powerful voices with the world. Paragraph (c) is reserved. The items that purchase documentation submitted with the In this spirit, I am proud to have were controlled in this paragraph that war- application. worked with Ms. Harjo, the Library of rant USML control are now described in A new note is added to Category III to pro- Congress, the Institute of American In- paragraph (a)(4) and the rest are controlled vide that ammunition crimped without a dian Arts, and the Boys and Girls Club in ECCN 0A602. projectile (blank star) and dummy ammuni- Paragraph (d) is revised to control spe- of America to host an exhibition of Na- tion with a pierced powder chamber are not tive student poetry in the rotunda of cially designed kinetic energy weapons. on the USML. These items will be controlled Paragraph (e) is revised to more specifi- in ECCN 0A505. An additional new note is the Russell Senate Office Building this cally describe the items warranting control added to provide that grenades containing month. The display showcases Ms. under this paragraph. Items that were con- non-lethal or less lethal projectiles are not Harjo’s poetry alongside original works trolled in this paragraph as being for guns on the USML. These grenades will be con- written by Autumn Abeyta, Ambrosia and armaments controlled in paragraph (c) trolled in ECCN 0A505. Morning Gun, Jewel Palmer, Paige that did not move to paragraph (a)(4) are For items that have transitioned to the Hannan, Lindsey Toya-Tosa, Delaney controlled in ECCN 0A602. CCL in a 600 series entry, transactions des- Keshena, and Rebekkah Autaubo—Na- Paragraph (f) is reserved. The items that tined for countries subject to a U.S. arms were controlled here will be controlled in embargo will not be eligible for license ex- tive students attending schools in my ECCN 0A606. ceptions, except for License Exception GOV home state of New Mexico and rep- Paragraph (g) is reserved. The items that under EAR § 740.11(b)(2)(ii). Multilateral re- resenting Tribes in New Mexico, Mon- were controlled here will be controlled in gime-controlled items moved from the tana, New York, Wisconsin, and Okla- ECCN 0B602. USML to the CCL will retain their regime homa. Paragraph (h) is reserved. The items that control parameters and reasons for control. This year’s inaugural exhibit rep- were controlled here will be controlled in The Department of Commerce has created ECCN 0B602. resents the countless ways Native peo- a License Exception Strategic Trade Author- ples have harnessed their strength, re- Paragraph (i) is reserved. The items that ization (STA, § 740.20), which authorizes the were controlled that continue to warrant export, re-export, and transfer (in-country) silience, and unique perspectives to USML control are moved to paragraphs (j)(9) of certain items on the CCL to ‘‘countries of shape nearly every facet of our na- and components therefor to (j)(10) and the least concern’’ without a license (i.e., Argen- tional identity. rest will be controlled in ECCN 0B602. tina, Australia, Austria, Belgium, Bulgaria, As the vice chairman of the Com- Paragraph (j) is revised by adding seven- Canada, Croatia, Czech Republic, Denmark, mittee on Indian Affairs, I work every teen subparagraphs to specifically enu- Estonia, Finland, France, Germany, Greece, day to achieve Indian Country’s prior- merate the articles controlled. The parts, Hungary, Iceland, Ireland, Italy, Japan, Lat- ities and uphold the Federal Govern- components, accessories, and attachments via, Lithuania, Luxembourg, Netherlands, that are not listed in paragraph (j) will be ment’s trust and treaty responsibilities New Zealand, Norway, Poland, Portugal, Ro- to Indian Country. I hope this month controlled in ECCN 0A602. mania, Slovakia, Slovenia, South Korea, Paragraph (k) is revised to add control for Spain, Sweden, Switzerland, Turkey, and the will serve as an opportunity for this the classified technical data directly related United Kingdom). Parts, components, acces- entire body to reexamine how we can to items controlled in ECCNs 0A602, 0B602, sories and attachments controlled under sub- strengthen our commitment to Native 0D602, and 0E602 and defense services using paragraph ‘‘x’’ of the relevant ECCNs will be peoples and recommit to our shared re- the classified technical data. automatically available for this exception. A new paragraph (x) has been added to sponsibilities. However, end-items that will be controlled USML Category II, allowing ITAR licensing f under the new ECCNs will be subject to a on behalf of the Department of Commerce ‘‘first time’’ license requirement. Exporters HONORING CHANNING ROBERT for commodities, software, and technology will be able to request a determination on subject to the EAR, provided those commod- WHITAKER STA eligibility for these items concurrent ities, software, and technology are to be used with a license request. If the Departments of Mr. GRASSLEY. Mr. President, I rise in or with defense articles controlled in State, Defense, and Commerce all agree, the today to pay tribute to a fallen soldier USML Category XII and are described in the end-item would be separately posted, by from Iowa, Private Channing Robert purchase documentation submitted with the model number, as eligible for STA in the fu- Whitaker. After 76 years, this marine is application. ture. If the departments cannot reach con- finally coming home. Inspired by the Category III—Ammunition and Ordnance sensus, the end-item would continue to re- patriotism and service of his four older Paragraph (a) is revised by adding ten sub- quire a license to all destinations except siblings who also served during World paragraphs to specifically enumerate the ar- Canada. War II, Whitaker enlisted in the U.S. ticles controlled, including adding a control Existing License Exceptions LVS (§ 740.3), for DOD-funded development ammunition. TMP (§ 740.9), RPL (§ 740.10), and GOV Marine Corps in 1942 at the age of 17. Ammunition not described will be controlled (§ 740.11(b)(2)(ii) or (b)(2)(iii)) will be eligible After completing training, his unit de- under ECCN 0A505. Black powder guns and for use for items controlled by these ECCNs. ployed on November 20, 1943 during the

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.059 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6563 D-Day operations at Tarawa Atoll in In 1963, Rogers appeared on camera executive director of the Regional the Pacific. On November 22, 1943, for the first time to host a children’s Transportation Commission of Washoe Whitaker was killed in action during program called ‘‘Misterogers’’. The pro- County, Lee Gibson, who after over 10 the effort to secure Betio Island in the gram was filmed by the Canadian years of dedicated service, announced Tarawa Atoll. He was 18 years old. Dur- Broadcasting Corporation in Toronto his retirement this year. ing this battle, over 3,000 U.S. marines and aired until 1967. Rogers returned to Since his appointment to chief direc- and sailors were killed or wounded. Pittsburgh and WQED, where he cre- tor of the RTC in 2009, Mr. Gibson has After the war was over, there were ef- ated and filmed ‘‘Mister Rogers’ Neigh- worked tirelessly to improve customer forts to repatriate all of the fallen; borhood’’. By 1968, the Public Broad- service and promote collaboration with however, almost half of the known cas- casting Service was broadcasting Mis- the local community. During his ten- ualties were not recovered. ter Rogers to thousands of households ure at the RTC, he has reduced agency In March of this year, thanks to the throughout the country. operating costs by over 30 percent efforts of History Flight, Inc., the Re- For three decades, Mister Rogers while delivering the largest public of Kiribati, and the Defense brought love, kindness, generosity, multimodal construction program in POW/MIA Accounting Agency, grace, laughter, and cheer into the the agency’s history. His dedication Whitaker’s remains were identified. On lives of countless children and their and pragmatism has helped guide the November 22, 2019, 76 years after he families. His lessons and performances RTC of Washoe County through tumul- gave the last full measure of devotion on ‘‘Mister Rogers’ Neighborhood’’ tuous economic times as well as the ex- in service to his country, Channing taught children about respect, safety, ponential growth of the Reno-Sparks Whitaker will be buried with full mili- perseverance, civility, and caring for area. tary honors in Des Moines, IA. others. He did not shy away from issues Our country owes a debt of gratitude The RTC, under the management of that face almost every child, including to all who have served in defense of our Mr. Gibson, adopted a sustainability intolerance, disagreement, and bul- country and especially to those who policy that has led to a multitude of lying. Because he could connect with killed in action. I am grateful that this successful projects, including earning children in a way few adults could, Iowan is finally coming home and that national recognition for the SouthEast Mister Rogers helped children to cope his service and sacrifice will always be Connector. The RTC has also been rec- and understand difficult emotional remembered. ognized for achieving LEED certifi- issues like anger, death, and divorce. f cation for two recently opened transit Mister Rogers was a friend to all chil- centers and obtained recognition for REMEMBERING MISTER FRED dren and played an important role in the development of Complete Streets ROGERS the lives of many by reminding them of and sustainable highway design Mr. TOOMEY. Mr. President I rise their self-worth. throughout the Truckee Meadows. The today to pay tribute to the legacy of Mister Rogers was bestowed with nu- region was even designated as a bicy- one of our Nation’s most treasured edu- merous accolades, including the Presi- cle-friendly community by the Amer- cators and performers and a native dential Medal of Freedom, which was ican League of Bicyclists. Pennsylvanian, Mister Fred Rogers. awarded by President George W. Bush Mr. Gibson did not just focus on re- Many are recognizing today as World in 2002. Since his death on February 27, structuring the transit system during Kindness Day and are performing acts 2003, scores of people have paid tribute his time as the Director of the RTC; his of kindness toward their loved ones, to Mister Rogers’ life and legacy. This emphasis on customer service and time neighbors, and even strangers. Perhaps year, Pennsylvania celebrated the first performance led to improved customer no American embodies the spirit of 1–4–3 Day—the number of letters in the satisfaction with the transportation kindness more than Fred Rogers. word ‘‘I love you’’, as Mister Rogers services. This is due to the RTC’s im- Affectionately known by children would note—in Rogers’ honor. Last plementation of innovative services, and adults alike as ‘‘Mister Rogers,’’ month, the city of Nashville, TN, pro- such as the RTC RAPID bus rapid tran- Fred McFeely Rogers was born in La- claimed November as Thank You, Mis- sit project. Mr. Gibson also succeeded trobe, PA on March 20, 1928. From an ter Rogers Month. The arts industry in delivering a broader community out- early age, Fred Rogers demonstrated has payed tribute to Rogers’ body of reach program and successfully col- an interest in learning, making art work through collaborative music laborated with other agencies to plan through creative expression, and serv- projects, biographies, and feature and deliver efficient and effective ing other. He graduated with a degree films. The outpouring of support is a transportation services. in music composition from Rollins Col- testament to Rogers’ impact on the Mr. Gibson made sure to give back to lege in Winter Park FL., in 1951 and Nation. Even today, millions of chil- his community beyond his impressive earned a degree in divinity from the dren continue to benefit from Mister service in the RTC. He is a founding Pittsburgh Theological Seminary in Rogers’ work through programs like member of Northern Nevada Transpor- 1962. A year later, he became an or- the cartoon ‘‘Daniel Tiger’s Neighbor- tation Collaborative, NNTC, a coalition dained minister of the Presbyterian hood,’’ which is made and distributed of business and government leaders, Church. by Fred Rogers Productions. academic researchers, transportation Mister Rogers began his television Fred Rogers will be remembered as a professionals, and citizens committed career shortly after college, working trailblazer in television, master educa- to promoting transportation as a key on the sets of NBC in New York City. tor, model citizen, and most notably, tool for economic revitalization, qual- He then moved back to Southwestern an inspiration to children and commu- ity of life, and sustainability. In 2012 he Pennsylvania to work for the first nities across the Nation. His legacy became the chairman of the Nevada conmmunity-owned, public television lives on through his art and can be Executive Committee for Transpor- station in the country, Pittsburgh’s found in acts of kindness being done in tation Safety. There, he works with WQED. He gained a firsthand view of every neighborhood across the country. State and local agencies to promote the transformative power of television Mr. President, I urge my colleagues safety policies for all modes of trans- and the impact that educational pro- to join me in celebrating the life of portation. He is also a member of the grams could have on adults and chil- Fred Rogers, a friendly neighbor and TRB Planning Applications Committee dren. At WQED, Mister Rogers worked model citizen for whom every day was and the APTA Planning and Policy with Josie Carey on a program called beautiful. ‘‘The Children’s Corner’’, where many Committee. f of his now-familiar characters were Today, I celebrate the many con- first given life. Additionally, he sought ADDITIONAL STATEMENTS tributions of Lee Gibson to the Reno- the expertise of Dr. Margaret McFar- Sparks metropolitan area and Washoe land, the director of the Arsenal Fam- County as well as to the Northern Ne- ily and Children’s Center in Pitts- TRIBUTE TO LEE GIBSON vada community. We owe Mr. Gibson a burgh, to integrate best teaching prac- ∑ Ms. CORTEZ MASTO. Mr. President, debt of gratitude for his service and his tices into his work. I come forward today to recognize the leadership will be missed.∑

VerDate Sep 11 2014 07:05 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.039 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6564 CONGRESSIONAL RECORD — SENATE November 13, 2019 RECOGNIZING A & J AUTO REPAIR States submitting sundry nominations H.R. 3224. An act to amend title 38, United ∑ and a withdrawal which were referred States Code, to provide for increased access Mr. RISCH. Mr. President, as a mem- to Department of Veterans Affairs medical ber and former chairman of the Senate to the appropriate committees. (The messages received today are care for women veterans; to the Committee Committee on Small Business and En- on Veterans’ Affairs. trepreneurship, each month I recognize printed at the end of the Senate H.R. 3996. An act to amend title 38, United and celebrate the American entrepre- proceedings.) States Code, to provide for certain require- neurial spirit by highlighting the suc- f ments relating to the use of the design-build cess of a small business in my home construction method for Department of Vet- MESSAGE FROM THE HOUSE erans Affairs construction projects, and for State of Idaho. However, in honor of At 10:13 a.m., a message from the other purposes; to the Committee on Vet- Veterans Day on November 11, this erans’ Affairs. month I will honor a veteran-owned House of Representatives, delivered by H.R. 4162. An act to amend title 38, United small business for each of the 10 days Mr. Novotny, one of its reading clerks, States Code, to extend the period under the Senate is in legislative session. The announced that the House has passed which an election must be made for entitle- personal sacrifices made by America’s the following bills, in which it requests ment to educational assistance under the veterans have protected the very free- the concurrence of the Senate: All-Volunteer Educational Assistance Pro- doms and values that give each of us H.R. 1424. An act to amend title 38, United gram of Department of Veterans Affairs, to States Code, to ensure the Secretary of Vet- phase out the use of such program, and for and our children the ability to achieve other purposes; to the Committee on Vet- the American dream. The skills vet- erans Affairs permits the display of Fallen Soldier Displays in national cemeteries. erans’ Affairs. erans learn as members of the military H.R. 3224. An act to amend title 38, United H.R. 4356. An act to amend the are invaluable and undoubtedly con- States Code, to provide for increased access Servicemembers Civil Relief Act to allow tribute to Idaho’s flourishing veteran to Department of Veterans Affairs medical certain individuals to terminate contracts business community. I am proud of the care for women veterans. for telephone, multichannel video program- sacrifices veterans have made to pro- H.R. 3996. An act to amend title 38, United ming, or internet access service, and for other purposes; to the Committee on Vet- tect our country and that they are States Code, to provide for certain require- ments relating to the use of the design-build erans’ Affairs. choosing Idaho to call home when they H.R. 4360. An act to amend title 38, United complete their service in the military. construction method for Department of Vet- erans Affairs construction projects, and for States Code, to improve the due process ac- As your U.S. Senator from the great other purposes. corded veterans with respect to recovery of State of Idaho, it is my pleasure to rec- H.R. 4162. An act to amend title 38, United overpayments made by the Department and ognize A & J Auto Repair in Twin Falls States Code, to extend the period under other amounts owed by veterans to the as the veteran-owned Idaho Small which an election must be made for entitle- United States, to improve the processing of Business of the Day for November 13, ment to educational assistance under the veterans benefits by the Department of Vet- erans Affairs, and for other purposes; to the 2019. All-Volunteer Educational Assistance Pro- gram of Department of Veterans Affairs, to Committee on Veterans’ Affairs. A & J Auto Repair is owned and oper- H.R. 4477. An act to direct the Secretary of phase out the use of such program, and for ated by Charles ‘‘Abe’’ Abrahamson, Veterans Affairs to submit to Congress a other purposes. plan to address certain high risk areas iden- who served in the United States Marine H.R. 4356. An act to amend the tified by the Comptroller General of the Corps, and his wife Robin. Abe is an ac- Servicemembers Civil Relief Act to allow United States regarding the Department of tive member of the American Legion certain individuals to terminate contracts Veterans Affairs in the 2019 High-Risk List and was recently recognized as the 2019 for telephone, multichannel video program- of the Government Accountability Office, ming, or internet access service, and for American Legion National Recruiter of and for other purposes; to the Committee on other purposes. the Year for his work recruiting more Veterans’ Affairs. H.R. 4360. An act to amend title 38, United than 700 new members in 2018. H.R. 4625. An act to amend title 38, United States Code, to improve the due process ac- In 2013, the Abrahamsons opened A & States Code, to require that educational in- corded veterans with respect to recovery of stitutions abide by certain principles as a J Auto Repair to provide automotive overpayments made by the Department and condition of approval for purposes of the edu- maintenance and repair services to the other amounts owed by veterans to the cational assistance programs of the Depart- Magic Valley. Factory trained and cer- United States, to improve the processing of ment of Veterans Affairs, and for other pur- tified technicians at A & J Auto Repair veterans benefits by the Department of Vet- poses; to the Committee on Veterans’ Af- erans Affairs, and for other purposes. service all makes and models of cars, fairs. trucks, and sports utility vehicles. Abe H.R. 4477. An act to direct the Secretary of H.R. 4771. An act to amend title 38, United Abrahamson is certified to service Veterans Affairs to submit to Congress a States Code, to permit appellants to appear Volkswagen and Audi vehicles. The plan to address certain high risk areas iden- in cases before the Board of Veterans’ Ap- tified by the Comptroller General of the company prides itself in providing cus- peals by picture and voice transmission from United States regarding the Department of locations other than facilities of the Depart- tomers with accurate and timely re- Veterans Affairs in the 2019 HighRisk List of pairs. A & J Auto Repair technicians ment of Veterans Affairs, and for other pur- the Government Accountability Office, and poses; to the Committee on Veterans’ Af- and staff work hard to provide excep- for other purposes. fairs. tional, personalized services at afford- H.R. 4625. An act to amend title 38, United able prices. States Code, to require that educational in- f Congratulations to Abe and Robin stitutions abide by certain principles as a MEASURES PLACED ON THE Abrahamson and all of the employees condition of approval for purposes of the edu- CALENDAR cational assistance programs of the Depart- at A & J Auto Repair for being selected ment of Veterans Affairs, and for other pur- The following bill was read the sec- as the veteran-owned Idaho Small poses. ond time, and placed on the calendar: Business of the Day for November 13, H.R. 4771. An act to amend title 38, United S. 2840. A bill to authorize appropriations 2019. You make our great State proud, States Code, to permit appellants to appear for fiscal year 2020 for military activities of and I look forward to your continued in cases before the Board of Veterans’ Ap- the Department of Defense, for military con- growth and success.∑ peals by picture and voice transmission from struction, and for defense activities of the locations other than facilities of the Depart- Department of Energy, and for other pur- f ment of Veterans Affairs, and for other pur- poses. MESSAGES FROM THE PRESIDENT poses. f Messages from the President of the f EXECUTIVE AND OTHER United States were communicated to MEASURES REFERRED COMMUNICATIONS the Senate by Ms. Roberts, one of his The following bills were read the first The following communications were secretaries. and the second times by unanimous laid before the Senate, together with f consent, and referred as indicated: accompanying papers, reports, and doc- EXECUTIVE MESSAGES REFERRED H.R. 1424. An act to amend title 38, United uments, and were referred as indicated: States Code, to ensure the Secretary of Vet- EC–3144. A communication from the Direc- In executive session the Presiding Of- erans Affairs permits the display of Fallen tor of the Issuances Staff, Food Safety and ficer laid before the Senate messages Soldier Displays in national cemeteries; to Inspection Service, Department of Agri- from the President of the United the Committee on Veterans’ Affairs. culture, transmitting, pursuant to law, the

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.035 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6565 report of a rule entitled ‘‘Eligibility of the erty contributed by coalition partners; to Reserve System, transmitting, pursuant to Socialist Republic of Vietnam to Export the Committee on Armed Services. law, the report of a rule entitled ‘‘Changes to Siluriformes Fish and Fish Products to the EC–3154. A communication from the Acting Applicability Thresholds for Regulatory Cap- United States’’ (RIN0583–AD74) received in Under Secretary of Defense (Comptroller), ital and Liquidity Requirements’’ (RIN7100– the Office of the President of the Senate on transmitting, pursuant to law, a semiannual AF21) received in the Office of the President November 5, 2019; to the Committee on Agri- report entitled, ‘‘Acceptance of Contribu- of the Senate on November 5, 2019; to the culture, Nutrition, and Forestry. tions for Defense Programs, Projects, and Committee on Banking, Housing, and Urban EC–3145. A communication from the Direc- Activities; Defense Cooperation Account’’ Affairs. tor of the Issuances Staff, Food Safety and and a semiannual listing of personal prop- EC–3164. A communication from the Divi- Inspection Service, Department of Agri- erty contributed by coalition partners; to sion Chief of Regulatory Affairs, Bureau of culture, transmitting, pursuant to law, the the Committee on Armed Services. Land Management, Department of the Inte- report of a rule entitled ‘‘Eligibility of Thai- EC–3155. A communication from the Under rior, transmitting, pursuant to law, the re- land to Export Siluriformes Fish and Fish Secretary of Defense (Acquisition and port of a rule entitled ‘‘Minerals Manage- Products to the United States’’ (RIN0583– Sustainment), transmitting, pursuant to ment: Adjustment of Cost Recovery Fees’’ AD74) received in the Office of the President law, a report entitled, ‘‘Department of De- (RIN1004–AE70) received during adjournment of the Senate on November 5, 2019; to the fense Small Business Strategy’’; to the Com- of the Senate in the Office of the President Committee on Agriculture, Nutrition, and mittee on Armed Services. of the Senate on November 8, 2019; to the Forestry. EC–3156. A communication from the Senior Committee on Energy and Natural Re- EC–3146. A communication from the Direc- Official performing the duties of the Under sources. tor of the Issuances Staff, Food Safety and Secretary of Defense (Personnel and Readi- EC–3165. A communication from the Direc- Inspection Service, Department of Agri- ness), transmitting the report of an officer tor of the Regulatory Management Division, culture, transmitting, pursuant to law, the authorized to wear the insignia of the grade Environmental Protection Agency, transmit- report of a rule entitled ‘‘Eligibility of the of admiral in accordance with title 10, ting, pursuant to law, the report of a rule en- People’s Republic of China to Export United States Code, section 777a, for a period titled ‘‘Air Plan Approval; Massachusetts; Siluriformes Fish and Fish Products to the not to exceed 14 days before assuming the Transport Element for the 2010 Sulfur Diox- United States’’ (RIN0583–AD73) received in duties of the position for which the higher ide National Ambient Air Quality Standard’’ the Office of the President of the Senate on grade is authorized, this will not cause the (FRL No. 10001–80–Region 1) received during November 5, 2019; to the Committee on Agri- Department to exceed the number of frocked adjournment of the Senate in the Office of culture, Nutrition, and Forestry. officers authorized; to the Committee on the President of the Senate on November 8, EC–3147. A communication from the Direc- Armed Services. 2019; to the Committee on Environment and EC–3157. A communication from the Senior tor of the Issuances Staff, Food Safety and Public Works. Official performing the duties of the Under Inspection Service, Department of Agri- EC–3166. A communication from the Direc- Secretary of Defense (Personnel and Readi- culture, transmitting, pursuant to law, the tor of the Regulatory Management Division, ness), transmitting, pursuant to law, a re- report of a rule entitled ‘‘Eligibility of the Environmental Protection Agency, transmit- port entitled ‘‘Career Progression Tracks of People’s Republic of China to Export to the ting, pursuant to law, the report of a rule en- the Armed Forces for Women in Combat United States Poultry Products from Birds titled ‘‘Air Plan Approval; California; South Arms Units’’ ; to the Committee on Armed Coast Air Quality Management District; Sta- Slaughtered in the PRC’’ (RIN0583–AD64) re- Services. tionary Source Permits’’ (FRL No. 10002–12– ceived during adjournment of the Senate in EC–3158. A communication from the Pro- Region 9) received during adjournment of the the Office of the President of the Senate on gram Specialist, Office of the Comptroller of Senate in the Office of the President of the November 8, 2019; to the Committee on Agri- the Currency, Department of the Treasury, Senate on November 8, 2019; to the Com- culture, Nutrition, and Forestry. transmitting , pursuant to law, the report of EC–3148. A communication from the Dep- mittee on Environment and Public Works. a rule entitled ‘‘Changes to Applicability EC–3167. A communication from the Chief uty Under Secretary of Defense, transmit- Thresholds for Regulatory Capital and Li- of the Publications and Regulations Branch, ting, pursuant to law, a report relative to quidity Requirements’’ (RIN1557–AE63) re- Internal Revenue Service, Department of the the Electromagnetic Spectrum Operations ceived during adjournment of the Senate in Treasury, transmitting, pursuant to law, the Cross-Functional Team methodology and ap- the Office of the President of the Senate on report of a rule entitled ‘‘2020 Cost of Living proach to updating the Department’s strat- November 1, 2019; to the Committee on Bank- Adjustments to the Internal Revenue Code egy for EMS superiority and provides the ing, Housing, and Urban Affairs. Tax Tables and Other Items’’ (Rev. Proc. status of and describes the way ahead for de- EC–3159. A communication from the Direc- 2019–44) received in the Office of the Presi- velopment, integration, and enhancement of tor, Bureau of Consumer Financial Protec- dent of the Senate on November 7, 2019; to the electronic warfare mission area; to the tion, transmitting, pursuant to law, the re- the Committee on Finance. Committees on Appropriations; and Armed port of a rule entitled ‘‘Home Mortgage Dis- EC–3168. A communication from the Chief Services. closure (Regulation C)’’ (RIN3170–AA76) re- of the Publications and Regulations Branch, EC–3149. A communication from the Dep- ceived in the Office of the President of the Internal Revenue Service, Department of the uty Chief Financial Officer, Department of Senate on November 7, 2019; to the Com- Treasury, transmitting, pursuant to law, the Energy, transmitting, pursuant to law, a re- mittee on Banking, Housing, and Urban Af- report of a rule entitled ‘‘Removal of Section port relative to a violation of the fairs. 385 Documentation Regulations’’ (RIN1545– Antideficiency Act; to the Committee on Ap- EC–3160. A communication from the Direc- BO02) received in the Office of the President propriations. tor of Legislative Affairs, Federal Deposit of the Senate on November 7, 2019; to the EC–3150. A communication from the Sec- Insurance Corporation, transmitting, pursu- Committee on Finance. retary of Agriculture, transmitting, pursu- ant to law, the report of a rule entitled EC–3169. A communication from the Sec- ant to law, a report relative to a violation of ‘‘Final Rule - Resolution Plans Required’’ retary of Health and Human Services, trans- the Antideficiency Act that occurred in the (RIN3064–AE93) received in the Office of the mitting, pursuant to law, the report of a pe- Department of Agriculture’s Pima Agri- President of the Senate on November 7, 2019; tition to add workers at the Y–12 Plant in culture Cotton Trust Fund; to the Com- to the Committee on Banking, Housing, and Oak Ridge, Tennessee, to the Special Expo- mittee on Appropriations. Urban Affairs . sure Cohort; to the Committee on Health, EC–3151. A communication from the Sec- EC–3161. A communication from the Direc- Education, Labor, and Pensions. retary of Agriculture, transmitting, pursu- tor of Legislative Affairs, Federal Deposit EC–3170. A communication from the Sec- ant to law, a report relative to a violation of Insurance Corporation, transmitting, pursu- retary of Health and Human Services, trans- the Antideficiency Act that occurred in the ant to law, the report of a rule entitled mitting, pursuant to law, the report of a pe- Department of Agriculture’s Non-Insured ‘‘Changes to Applicability Thresholds for tition to add workers at the West Valley Crop Disaster Assistance Program (NAP) Regulatory Capital and Liquidity Require- Demonstration Project in West Valley, New Frost Freeze (FFN) Account; to the Com- ments’’ (RIN3064–AE96) received in the Office York, to the Special Exposure Cohort; to the mittee on Appropriations. of the President of the Senate on November Committee on Health, Education, Labor, and EC–3152. A communication from the Sec- 7, 2019; to the Committee on Banking, Hous- Pensions. retary of Agriculture, transmitting, pursu- ing, and Urban Affairs. EC–3171. A communication from the Direc- ant to law, a report relative to a violation of EC–3162. A communication from the Dep- tor of the Office of Standards, Regulations, the Antideficiency Act that occurred in the uty Secretary, Securities and Exchange and Variances, Mine Safety and Health Ad- Department of Agriculture’s Farm Service Commission, transmitting, pursuant to law, ministration, Department of Labor, trans- Agency (FSA) Salaries and Expenses Ac- the report of a rule entitled ‘‘Commission mitting, pursuant to law, the report of a rule count; to the Committee on Appropriations. Statement on Market Structure Innovation entitled ‘‘Examinations of Working Places in EC–3153. A communication from the Acting for Thinly Traded Securities’’ (17 CFR Part Metal and Nonmetal Mines’’ (RIN1219–AB92) Under Secretary of Defense (Comptroller), 240) received in the Office of the President of received in the Office of the President of the transmitting, pursuant to law, a semiannual the Senate on November 5, 2019; to the Com- Senate on November 5, 2019; to the Com- report entitled, ‘‘Acceptance of Contribu- mittee on Banking, Housing, and Urban Af- mittee on Health, Education, Labor, and tions for Defense Programs, Projects, and fairs. Pensions. Activities; Defense Cooperation Account’’ EC–3163. A communication from the Assist- EC–3172. A communication from the Regu- and a semiannual listing of personal prop- ant to the Board of Governors of the Federal lations Coordinator, Centers for Medicare

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.012 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6566 CONGRESSIONAL RECORD — SENATE November 13, 2019 and Medicaid Services, Department of President of the Senate on November 5, 2019; INTRODUCTION OF BILLS AND Health and Human Services, transmitting, to the Committee on the Judiciary. JOINT RESOLUTIONS pursuant to law, the report of a rule entitled EC–3184. A communication from the Dep- ‘‘Basic Health Program; Federal Funding uty Chief of the Regulatory Coordination Di- The following bills and joint resolu- Methodology for Program Years 2019 and vision, Citizenship and Immigration Serv- tions were introduced, read the first 2020’’ (RIN0938–ZB42) received in the Office of ices, Department of Homeland Security, and second times by unanimous con- the President of the Senate on November 5, transmitting, pursuant to law, the report of sent, and referred as indicated: 2019; to the Committee on Health, Education, a rule entitled ‘‘Registration Fee Require- By Ms. BALDWIN (for herself and Mr. Labor, and Pensions. ment for Petitioners Seeking to File H–1B HOEVEN): EC–3173. communication from the Under Petitions on Behalf of Cap Subject Aliens’’ S. 2841. A bill to amend the Internal Rev- Secretary of Defense (Comptroller), trans- (RIN1615–AC36) received during adjournment enue Code of 1986 to increase the limitations mitting, pursuant to law, the Uniform Re- of the Senate in the Office of the President for deductible new business expenditures and source Locator (URL) for the Department of of the Senate on November 8, 2019; to the to consolidate provisions for start-up and or- Defense Agency Financial Report for fiscal Committee on the Judiciary. ganizational expenditures; to the Committee year 2019; to the Committee on Homeland Se- EC–3185. A communication from the Sec- on Finance. curity and Governmental Affairs. retary of the Senate, transmitting, pursuant By Mrs. CAPITO (for herself and Ms. EC–3174. A communication from the Ad- to law, the report of the receipts and expend- KLOBUCHAR): ministrator of the General Services Adminis- itures of the Senate for the period from April S. 2842. A bill to amend title XVIII of the tration, transmitting, pursuant to law, the 1, 2019 through September 30, 2019, received Social Security Act and the Bipartisan Administration’s Semiannual Report of the in the Office of the President of the Senate Budget Act of 2018 to expand and expedite ac- Inspector General for the period from April on November 13, 2019; ordered to lie on the cess to cardiac rehabilitation programs and 1, 2019 through September 30, 2019; to the table. pulmonary rehabilitation programs under Committee on Homeland Security and Gov- the Medicare program, and for other pur- ernmental Affairs. f poses; to the Committee on Finance. EC–3175. A communication from the Chair- By Mrs. FEINSTEIN (for herself, Mr. man of the Council of the District of Colum- REPORTS OF COMMITTEES LEAHY, Ms. KLOBUCHAR, Ms. HIRONO, bia, transmitting, pursuant to law, a report The following reports of committees Ms. HARRIS, Mrs. MURRAY, Ms. STA- on D.C. Act 23–132, ‘‘School Sunscreen Safety BENOW, Ms. CANTWELL, Mrs. SHAHEEN, Temporary Amendment Act of 2019’’; to the were submitted: Mrs. GILLIBRAND, Ms. BALDWIN, Ms. Committee on Homeland Security and Gov- By Mr. ENZI, from the Committee on the WARREN, Ms. DUCKWORTH, Ms. HAS- ernmental Affairs. Budget, with an amendment in the nature of EC–3176. A communication from the Chair- a substitute: SAN, Ms. CORTEZ MASTO, Ms. SMITH, man of the Council of the District of Colum- S. 2765. A bill to improve Federal fiscal Ms. SINEMA, Ms. ROSEN, Mr. SCHU- bia, transmitting, pursuant to law, a report controls and the congressional budget proc- MER, Mr. BROWN, Mr. UDALL, Mr. on D.C. Act 23–134, ‘‘Primary Date Alteration ess. WYDEN, Mr. DURBIN, Mr. REED, Mr. Amendment Act of 2019’’; to the Committee CARPER, Mr. MENENDEZ, Mr. CARDIN, on Homeland Security and Governmental Af- f Mr. SANDERS, Mr. CASEY, Mr. WHITE- fairs. HOUSE, Mr. TESTER, Mr. WARNER, Mr. EC–3177. A communication from the Chair- EXECUTIVE REPORTS OF MERKLEY, Mr. BENNET, Mr. MANCHIN, man of the Council of the District of Colum- COMMITTEE Mr. COONS, Mr. BLUMENTHAL, Mr. SCHATZ, Mr. MURPHY, Mr. HEINRICH, bia, transmitting, pursuant to law, a report The following executive reports of Mr. KING, Mr. KAINE, Mr. MARKEY, on D.C. Act 23–152, ‘‘Joy Evans Therapeutic nominations were submitted: Recreation Center Designation Act of 2019’’; Mr. BOOKER, Mr. PETERS, Mr. VAN to the Committee on Homeland Security and By Mr. WICKER for the Committee on HOLLEN, and Mr. JONES): Governmental Affairs. Commerce, Science, and Transportation. S. 2843. A bill to reauthorize the Violence EC–3178. A communication from the Chair- *Michael Graham, of Kansas, to be a Mem- Against Women Act of 1994 , and for other man of the Council of the District of Colum- ber of the National Transportation Safety purposes; to the Committee on the Judici- bia, transmitting, pursuant to law, a report Board for a term expiring December 31, 2020. ary. on D.C. Act 23–155, ‘‘Al and Mary Arrighi *Ian Paul Steff, of Indiana, to be Assistant By Mr. SCHUMER (for Ms. HARRIS): Way Designation Act of 2019’’; to the Com- Secretary of Commerce and Director General S. 2844. A bill to provide that certain ex- mittee on Homeland Security and Govern- of the United States and Foreign Commer- ecutives of publicly traded utility companies mental Affairs. cial Service. may not receive bonuses or severance pay- EC–3179. A communication from the Chair- *Theodore Rokita, of Indiana, to be a Di- ments, and for other purposes; to the Com- man of the Council of the District of Colum- rector of the Amtrak Board of Directors for mittee on Finance. bia, transmitting, pursuant to law, a report the remainder of the term expiring January By Ms. ERNST (for herself, Ms. on D.C. Act 23–157, ‘‘Commission on the Arts 3, 2021. SINEMA, Mr. LEE, and Ms. SMITH): and Humanities Budget Subtitle Technical *Carl Whitney Bentzel, of Maryland, to be S. 2845. A bill to amend the Family and Temporary Amendment Act of 2019’’; to the a Federal Maritime Commissioner for the Medical Leave Act of 1993, to repeal certain Committee on Homeland Security and Gov- term expiring June 30, 2024. limits on leave for married individuals em- ernmental Affairs. *Michael Graham, of Kansas, to be a Mem- ployed by the same employer; to the Com- EC–3180. A communication from the Dis- ber of the National Transportation Safety mittee on Health, Education, Labor, and trict of Columbia Auditor, transmitting, pur- Board for a term expiring December 31, 2025. Pensions. suant to law, reports entitled, ‘‘BEGA Mis- Mr. WICKER. Mr. President, for the By Mr. ISAKSON (for himself and Mr. handled Whistleblower Complaint on Hous- Committee on Commerce, Science, and BROWN): S. 2846. A bill to amend title XIX of the So- ing Procurement’’ and ‘‘D.C. Department of Transportation I report favorably the Health Has System to Monitor Nursing cial Security Act to provide for the con- Homes but Some Risks Remain’’; to the following nomination list which was tinuing requirement of Medicaid coverage of Committee on Homeland Security and Gov- printed in the RECORD on the date indi- nonemergency transportation to medically ernmental Affairs. cated, and ask unanimous consent, to necessary items and services, and for other EC–3181. A communication from the Treas- save the expense of reprinting on the purposes; to the Committee on Finance. urer of the National Gallery of Art, trans- Executive Calendar that this nomina- By Mr. REED (for himself and Mr. mitting, pursuant to law, the Gallery’s In- tion lie at the Secretary’s desk for the WHITEHOUSE): spector General Report for fiscal year 2019; information of Senators. S. 2847. A bill to designate the facility of the United States Postal Service located at to the Committee on Homeland Security and The PRESIDING OFFICER. Without Governmental Affairs. 42 Main Street in Slatersville, Rhode Island, EC–3182. A communication from the Sec- objection, it is so ordered. as the ‘‘Specialist Matthew R. Turcotte Post retary, Judicial Conference of the United *Coast Guard nominations beginning with Office’’; to the Committee on Homeland Se- States, transmitting, pursuant to law, a re- Joseph D. Brown and ending with Mariett C. curity and Governmental Affairs. port entitled ‘‘Electronic Public Access Fee Ogg, which nominations were received by the By Mr. MARKEY (for himself, Mr. Schedule’’; to the Committee on the Judici- Senate and appeared in the Congressional BOOKER, Ms. HIRONO, and Mr. ary. Record on October 15, 2019. WYDEN): EC–3183. communication from the Acting *Nomination was reported with rec- S. 2848. A bill to prohibit the expenditure Chief Privacy and Civil Liberties Officer, Of- ommendation that it be confirmed sub- of Federal Funds to live stream border wall fice of Privacy and Civil Liberties, Depart- construction activities; to the Committee on ment of Justice, transmitting, pursuant to ject to the nominee’s commitment to Homeland Security and Governmental Af- law, the report of a rule entitled ‘‘Privacy respond to requests to appear and tes- fairs. Act of 1974; Implementation’’’ (CPCLO Order tify before any duly constituted com- By Mr. SCHUMER (for Mr. SANDERS No. 11–2019) received in the Office of the mittee of the Senate. (for himself and Ms. WARREN)):

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.014 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6567 S. 2849. A bill to amend the Internal Rev- odic health assessments, separation WYDEN) was added as a cosponsor of S. enue Code of 1986 to impose a corporate tax history and physical examinations, and 877, supra. rate increase on companies whose ratio of other assessments an evaluation of S. 1253 compensation of the CEO or other highest whether a member of the Armed Forces paid employee to median worker compensa- At the request of Mrs. FEINSTEIN, the tion is more than 50 to 1, and for other pur- has been exposed to open burn pits or name of the Senator from Kansas (Mr. poses; to the Committee on Finance. toxic airborne chemicals, and for other ROBERTS) was added as a cosponsor of By Mr. LEE (for himself, Mr. DURBIN, purposes. S. 1253, a bill to apply requirements re- Ms. BALDWIN, Ms. HARRIS, Mr. KAINE, S. 206 lating to delivery sales of cigarettes to Mr. WHITEHOUSE, Mr. LEAHY, Mr. At the request of Mr. TESTER, the delivery sales of electronic nicotine de- BOOKER, Mr. BLUMENTHAL, Mr. name of the Senator from Hawaii (Ms. livery systems, and for other purposes. WYDEN, Mr. KING, and Ms. WARREN): S. 2850. A bill to focus limited Federal re- HIRONO) was added as a cosponsor of S. S. 1344 sources on the most serious offenders; to the 206, a bill to award a Congressional At the request of Mr. HOEVEN, his Committee on the Judiciary. Gold Medal to the female telephone op- name was added as a cosponsor of S. By Mr. BLUNT: erators of the Army Signal Corps, 1344, a bill to require the Secretary of S. 2851. A bill to amend section 442 of title known as the ‘‘Hello Girls’’. the Treasury to collect data and issue 18, United States Code, to exempt certain in- S. 237 a report on the opportunity zone tax terests in mutual funds, unit investment trusts, employee benefit plans, and retire- At the request of Mr. BROWN, the incentives enacted by the 2017 tax re- ment plans from conflict of interest limita- name of the Senator from Montana form legislation, and for other pur- tions for the Government Publishing Office; (Mr. DAINES) was added as a cosponsor poses. considered and passed. of S. 237, a bill to amend title XVIII of S. 1416 By Ms. MCSALLY: the Social Security Act to permit At the request of Mr. CORNYN, the S. 2852. A bill to amend section 3903 of title nurse practitioners and physician as- names of the Senator from Arizona 31, United States Code, to establish acceler- sistants to satisfy the documentation (Ms. MCSALLY) and the Senator from ated payments applicable to contracts with requirement under the Medicare pro- certain small business concerns, and for Nebraska (Mrs. FISCHER) were added as other purposes; to the Committee on Home- gram for coverage of certain shoes for cosponsors of S. 1416, a bill to amend land Security and Governmental Affairs. individuals with diabetes. the Federal Trade Commission Act to By Ms. MCSALLY: S. 277 prohibit anticompetitive behaviors by S. 2853. A bill to amend the Small Business At the request of Ms. HIRONO, the drug product manufacturers, and for Act to provide interim partial payment to name of the Senator from Montana other purposes. small business contractors that request an (Mr. TESTER) was added as a cosponsor S. 1437 equitable adjustment due to a change in the of S. 277, a bill to posthumously award terms of a construction contract, and for At the request of Mr. DURBIN, the other purposes; to the Committee on Small a Congressional Gold Medal to Fred name of the Senator from Connecticut Business and Entrepreneurship. Korematsu, in recognition of his dedi- (Mr. BLUMENTHAL) was added as a co- By Mr. MARKEY (for himself, Mr. cation to justice and equality. sponsor of S. 1437, a bill to amend title SANDERS, and Mrs. GILLIBRAND): S. 460 XI of the Social Security Act to re- S. 2854. A bill to amend the Nuclear Waste At the request of Mr. WARNER, the quire that direct-to-consumer adver- Policy Act of 1982 to provide for the expan- name of the Senator from Oklahoma sion of emergency planning zones and the de- tisements for prescription drugs and bi- velopment of plans for dry cask storage of (Mr. INHOFE) was added as a cosponsor ological products include truthful and spent nuclear fuel, and for other purposes; to of S. 460, a bill to amend the Internal non-misleading pricing information. the Committee on Environment and Public Revenue Code of 1986 to extend the ex- S. 1590 Works. clusion for employer-provided edu- At the request of Mr. MERKLEY, the By Mrs. GILLIBRAND: cation assistance to employer pay- name of the Senator from Illinois (Mr. S.J. Res. 60. A joint resolution to amend ments of student loans. the War Powers Resolution to improve re- DURBIN) was added as a cosponsor of S. S. 479 quirements and limitations in connection 1590, a bill to amend the State Depart- with authorizations for use of military force At the request of Mr. TOOMEY, the ment Basic Authorities Act of 1956 to and narrowings and repeals of such author- name of the Senator from Rhode Island authorize rewards for thwarting wild- izations, and for other purposes; to the Com- (Mr. REED) was added as a cosponsor of life trafficking linked to transnational mittee on Foreign Relations. S. 479, a bill to revise section 48 of title organized crime, and for other pur- f 18, United States Code, and for other poses. purposes. SUBMISSION OF CONCURRENT AND S. 1657 SENATE RESOLUTIONS S. 647 At the request of Ms. COLLINS, the At the request of Mr. SCHATZ, the names of the Senator from Colorado The following concurrent resolutions name of the Senator from Massachu- and Senate resolutions were read, and (Mr. GARDNER), the Senator from Cali- setts (Ms. WARREN) was added as a co- referred (or acted upon), as indicated: fornia (Mrs. FEINSTEIN), the Senator sponsor of S. 647, a bill to amend the from North Carolina (Mr. TILLIS), the By Mr. BROWN (for himself, Mr. Internal Revenue Code of 1986 to im- Senator from Massachusetts (Ms. WAR- TESTER, Ms. HIRONO, Mr. DURBIN, pose a tax on certain trading trans- REN Mrs. MURRAY, Ms. STABENOW, Mr. ), the Senator from North Carolina actions. BLUMENTHAL, Mr. SANDERS, Mr. (Mr. BURR), the Senator from New PETERS, and Mr. SCHUMER): S. 803 York (Mr. SCHUMER), the Senator from S. Res. 420. A resolution encouraging the At the request of Mr. TOOMEY, the Georgia (Mr. ISAKSON), the Senator President to expand the list of the Depart- name of the Senator from Nebraska from Washington (Mrs. MURRAY), the ment of Veterans Affairs of presumptive (Mr. SASSE) was added as a cosponsor Senator from New York (Mrs. GILLI- medical conditions associated with exposure of S. 803, a bill to amend the Internal BRAND) and the Senator from Wisconsin to Agent Orange to include Parkinsonism, (Ms. BALDWIN) were added as cospon- bladder cancer, hypertension, and Revenue Code of 1986 to restore incen- hypothyroidism; to the Committee on Vet- tives for investments in qualified im- sors of S. 1657, a bill to provide assist- erans’ Affairs. provement property. ance to combat the escalating burden f S. 877 of Lyme disease and other tick and At the request of Mrs. MURRAY, her vector-borne diseases and disorders. ADDITIONAL COSPONSORS name was added as a cosponsor of S. S. 1703 S. 191 877, a bill to prohibit the sale of shark At the request of Ms. CANTWELL, the At the request of Ms. KLOBUCHAR, the fins, and for other purposes. names of the Senator from Nevada (Ms. names of the Senator from Virginia At the request of Mr. DURBIN, his ROSEN), the Senator from Vermont (Mr. WARNER) and the Senator from Il- name was added as a cosponsor of S. (Mr. LEAHY), the Senator from New linois (Mr. DURBIN) were added as co- 877, supra. York (Mrs. GILLIBRAND), the Senator sponsors of S. 191, a bill to direct the At the request of Mr. BOOKER, the from Vermont (Mr. SANDERS), the Sen- Secretary of Defense to include in peri- name of the Senator from Oregon (Mr. ator from Wisconsin (Ms. BALDWIN), the

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.015 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6568 CONGRESSIONAL RECORD — SENATE November 13, 2019 Senator from Michigan (Mr. PETERS) SULLIVAN) was added as a cosponsor of sponsor of S. 2246, a bill to amend titles and the Senator from Connecticut (Mr. S. 1908, a bill to amend the Richard B. XVIII and XIX of the Social Security BLUMENTHAL) were added as cosponsors Russell National School Lunch Act to Act to provide equal coverage of in of S. 1703, a bill to amend the Internal improve the efficiency of summer vitro specific IgE tests and Revenue Code of 1986 to reform the low- meals. percutaneous tests for allergies under income housing credit, and for other S. 1921 the Medicare and Medicaid programs, purposes. At the request of Ms. ROSEN, the and for other purposes. S. 1757 name of the Senator from Oregon (Mr. S. 2346 At the request of Ms. ERNST, the MERKLEY) was added as a cosponsor of At the request of Mr. WICKER, the names of the Senator from Minnesota S. 1921, a bill to provide that primary name of the Senator from Alaska (Mr. (Ms. KLOBUCHAR) and the Senator from care services provided by the National SULLIVAN) was added as a cosponsor of Massachusetts (Mr. MARKEY) were Health Service Corps may include pal- S. 2346, a bill to improve the Fishery added as cosponsors of S. 1757, a bill to liative care services. Resource Disaster Relief program of the National Marine Fisheries Service, award a Congressional Gold Medal, col- S. 1982 lectively, to the United States Army and for other purposes. At the request of Mr. SULLIVAN, the S. 2364 Rangers Veterans of World War II in names of the Senator from Hawaii (Ms. recognition of their extraordinary serv- At the request of Mr. SULLIVAN, the HIRONO) and the Senator from Maine name of the Senator from Texas (Mr. ice during World War II. ING (Mr. K ) were added as cosponsors of CRUZ) was added as a cosponsor of S. S. 1791 S. 1982, a bill to improve efforts to At the request of Mrs. GILLIBRAND, 2364, a bill to enhance domestic marine combat marine debris, and for other debris response, and for other purposes. the names of the Senator from New purposes. Jersey (Mr. BOOKER) and the Senator S. 2377 S. 1992 from Illinois (Ms. DUCKWORTH) were At the request of Mr. INHOFE, the At the request of Mr. BARRASSO, the added as cosponsors of S. 1791, a bill to name of the Senator from Tennessee names of the Senator from Missouri prohibit discrimination on the basis of (Mrs. BLACKBURN) was added as a co- (Mr. BLUNT), the Senator from Kansas religion, sex (including sexual orienta- sponsor of S. 2377, a bill to apply the (Mr. MORAN), the Senator from South tion and gender identity), and marital Medicaid asset verification program to Dakota (Mr. ROUNDS), the Senator from status in the administration and provi- all applicants for, and recipients of, North Carolina (Mr. TILLIS), the Sen- sion of child welfare services, to im- medical assistance in all States and ator from Nevada (Ms. CORTEZ MASTO), prove safety, well-being, and perma- territories, and for other purposes. the Senator from Wisconsin (Ms. BALD- nency for lesbian, gay, bisexual, S. 2427 WIN), the Senator from Rhode Island transgender, and queer or questioning At the request of Ms. CORTEZ MASTO, (Mr. REED), the Senator from Hawaii foster youth, and for other purposes. the name of the Senator from Alabama (Ms. HIRONO), the Senator from Arizona (Mr. JONES) was added as a cosponsor S. 1820 (Ms. SINEMA), the Senator from Cali- of S. 2427, a bill to amend title 31, At the request of Mrs. GILLIBRAND, fornia (Ms. HARRIS), the Senator from United States Code, to require the Sec- the name of the Senator from Mary- Massachusetts (Ms. WARREN), the Sen- retary of the Treasury to mint and land (Mr. VAN HOLLEN) was added as a ator from Virginia (Mr. WARNER), the issue quarter dollars in commemora- cosponsor of S. 1820, a bill to improve Senator from California (Mrs. FEIN- tion of the 19th Amendment to the the integrity and safety of horseracing STEIN), the Senator from New Jersey Constitution of the United States, and by requiring a uniform anti-doping and (Mr. MENENDEZ) and the Senator from for other purposes. medication control program to be de- Connecticut (Mr. BLUMENTHAL) were veloped and enforced by an independent S. 2535 added as cosponsors of S. 1992, a bill to At the request of Ms. KLOBUCHAR, the Horseracing Anti-Doping and Medica- amend the FAST Act to repeal a rescis- name of the Senator from Indiana (Mr. tion Control Authority. sion of funds. YOUNG) was added as a cosponsor of S. S. 1822 S. 2059 2535, a bill to require the Secretary of At the request of Mr. WICKER, the Commerce to conduct an assessment name of the Senator from New York At the request of Mr. TILLIS, the names of the Senator from West Vir- and analysis relating to the decline in (Mr. SCHUMER) was added as a cospon- ginia (Mrs. CAPITO) and the Senator the business formation rate in the sor of S. 1822, a bill to require the Fed- United States. eral Communications Commission to from Oklahoma (Mr. LANKFORD) were S. 2585 issue rules relating to the collection of added as cosponsors of S. 2059, a bill to provide a civil remedy for individuals At the request of Ms. ERNST, the data with respect to the availability of names of the Senator from Oklahoma broadband services, and for other pur- harmed by sanctuary jurisdiction poli- cies, and for other purposes. (Mr. INHOFE), the Senator from Arkan- poses. OOZMAN S. 2160 sas (Mr. B ), the Senator from S. 1838 Florida (Mr. SCOTT) and the Senator At the request of Mr. SCOTT of South At the request of Mr. RUBIO, the from Texas (Mr. CRUZ) were added as Carolina, the names of the Senator name of the Senator from Rhode Island cosponsors of S. 2585, a bill to amend from Maine (Ms. COLLINS) and the Sen- (Mr. REED) was added as a cosponsor of title XIX of the Social Security Act ator from Minnesota (Ms. SMITH) were S. 1838, a bill to amend the Hong Kong and Public Health Service Act to im- added as cosponsors of S. 2160, a bill to Policy Act of 1992, and for other pur- prove the reporting of abortion data to require carbon monoxide alarms in cer- poses. the Centers for Disease Control and tain federally assisted housing, and for S. 1906 Prevention, and for other purposes. other purposes. At the request of Mr. BOOZMAN, the S. 2590 S. 2203 names of the Senator from Iowa (Ms. At the request of Mr. BRAUN, the ERNST) and the Senator from Louisiana At the request of Mr. BLUNT, the name of the Senator from Missouri (Mr. KENNEDY) were added as cospon- name of the Senator from Kansas (Mr. (Mr. BLUNT) was added as a cosponsor sors of S. 1906, a bill to require the Sec- ROBERTS) was added as a cosponsor of of S. 2590, a bill to protect the dignity retary of Veterans Affairs to provide fi- S. 2203, a bill to extend the transfer of of fetal remains, and for other pur- nancial assistance to eligible entities Electronic Travel Authorization Sys- poses. to provide and coordinate the provision tem fees from the Travel Promotion S. 2641 of suicide prevention services for vet- Fund to the Corporation for Travel At the request of Mr. RISCH, the erans at risk of suicide and veteran Promotion (Brand USA) through fiscal name of the Senator from Virginia (Mr. families through the award of grants to year 2027, and for other purposes. WARNER) was added as a cosponsor of S. such entities, and for other purposes. S. 2246 2641, a bill to promote United States S. 1908 At the request of Mr. MORAN, the national security and prevent the re- At the request of Ms. MURKOWSKI, the name of the Senator from West Vir- surgence of ISIS, and for other pur- name of the Senator from Alaska (Mr. ginia (Mrs. CAPITO) was added as a co- poses.

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.021 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6569 S. 2680 Federal lands (including the Outer Con- doing more to strengthen them. This At the request of Mr. RUBIO, the tinental Shelf) or lands held in trust bill also makes meaningful improve- name of the Senator from Missouri for an Indian Tribe, unless the morato- ments to the law to address domestic (Mr. BLUNT) was added as a cosponsor rium is authorized by an Act of Con- violence in Indian country. For exam- of S. 2680, a bill to impose sanctions gress. ple, it expands jurisdiction over non-In- with respect to foreign support for Pal- f dians for crimes against children, el- estinian terrorism, and for other pur- ders, and law enforcement. poses. STATEMENTS ON INTRODUCED A 2016 Justice Department report ex- BILLS AND JOINT RESOLUTIONS S. 2778 plained that ‘‘more than four in five At the request of Mr. SCHUMER, his By Mrs. FEINSTEIN (for herself, American Indian and Alaska Native name was added as a cosponsor of S. Mr. LEAHY, Ms. KLOBUCHAR, Ms. women have experienced violence in 2778, a bill to reform the EB–5 Immi- HIRONO, Ms. HARRIS, Mrs. MUR- their lifetime.’’ grant Investor Program, and for other RAY, Ms. STABENOW, Ms. CANT- The report also found that 56 percent purposes. WELL, Mrs. SHAHEEN, Mrs. have experienced sexual violence, 56 GILLIBRAND, Ms. BALDWIN, Ms. percent have experienced violence at S. 2787 the hands of an intimate partner, and 9 At the request of Mr. WYDEN, the WARREN, Ms. DUCKWORTH, Ms. HASSAN, Ms. CORTEZ MASTO, percent have been stalked. For me, name of the Senator from Maine (Mr. these numbers are even more upsetting Ms. SMITH, Ms. SINEMA, Ms. KING) was added as a cosponsor of S. because California has the largest Trib- ROSEN, Mr. SCHUMER, Mr. 2787, a bill to amend the Internal Rev- al population in the United States. We BROWN, Mr. UDALL, Mr. WYDEN, enue Code of 1986 to require reporting must continue to respect Tribal sov- Mr. DURBIN, Mr. REED, Mr. CAR- for qualified opportunity funds, to ereignty and ensure that we are doing PER, Mr. MENENDEZ, Mr. make modifications to opportunity the most to protect the most vulner- CARDIN, Mr. SANDERS, Mr. zones, and for other purposes. able among us, particularly children. CASEY, Mr. WHITEHOUSE, Mr. S. RES. 150 Finally, this bill also keeps guns out of TESTER, Mr. WARNER, Mr. At the request of Mr. MENENDEZ, the the hands of domestic abusers. names of the Senator from Nevada (Ms. MERKLEY, Mr. BENNET, Mr. Guns are the most likely way for do- ROSEN), the Senator from Ohio (Mr. MANCHIN, Mr. COONS, Mr. mestic violence to take a woman’s life. BROWN) and the Senator from Nevada BLUMENTHAL, Mr. SCHATZ, Mr. Women in the United States are eleven (Ms. CORTEZ MASTO) were added as co- MURPHY, Mr. HEINRICH, Mr. times more likely to be murdered by a sponsors of S. Res. 150, a resolution ex- KING, Mr. KAINE, Mr. MARKEY, firearm than in other high-income pressing the sense of the Senate that it Mr. BOOKER, Mr. PETERS, Mr. countries. The presence of guns in do- is the policy of the United States to VAN HOLLEN, and Mr. JONES): mestic violence situations increases commemorate the Armenian Genocide S. 2843. A bill to reauthorize the Vio- the chances that a woman will be mur- through official recognition and re- lence Against Women Act of 1994, and dered by 500 percent. This bill makes membrance. for other purposes; to the Committee modest, but necessary, improvements on the Judiciary. S. RES. 404 to the law to keep guns out of the Mrs. FEINSTEIN. Mr. President, At the request of Mr. CARDIN, the hands of domestic abusers. today, along with every other Senate name of the Senator from Michigan For example, the bill amends current Democrat, I am proud to introduce the law so that people convicted of stalk- (Mr. PETERS) was added as a cosponsor Violence Against Women Reauthoriza- ing cannot possess firearms. of S. Res. 404, a resolution expressing tion Act of 2019. Yet, the National Rifle Association the sense of the Senate that the United This bill passed the House by a vote opposes it. 33 Republicans still voted States should work in cooperation with of 163–158, with 33 Republicans sup- for the House bill, and I hope my Re- the international community and con- porting it. publicans colleagues in the Senate will tinue to exercise global leadership to It was written by the people on the do the same. It’s the right thing to do. address the causes and effects of cli- front lines helping victims. It is not a The different parts of the Violence mate change, and for other purposes. Democratic bill or a Republican bill, it Against Women Act are all linked. S. RES. 408 is a bill crafted by and for survivors For instance, preserving the non-dis- At the request of Ms. HIRONO, the who know exactly what’s need in the crimination advancements made when name of the Senator from Minnesota real world. In other words, it is the sur- VAWA was reauthorized in 2013 will (Ms. KLOBUCHAR) was added as a co- vivors’ bill. As I stated before, any re- help protect the LGBT community, but sponsor of S. Res. 408, a resolution ex- authorization of the Violence Against keeping guns out of the hands of do- pressing the sense of the Senate that Women Act must do two things. mestic abusers will help protect LGBT Members of Congress and their staffs, First, it must preserve the advance- victims as well. employees of the Executive Office of ments made when it was last reauthor- This bill takes this sort of com- the President and executive branch ized in 2013. And second, it must in- prehensive approach by, for example, agencies, and the President of the clude meaningful improvements to the preserving the advances made to non- United States have a duty to protect law. discrimination protections and improv- the identities of whistleblowers and The meaningful legal improvements ing the law in the areas of Tribal pro- safeguard whistleblowers from retalia- in this bill are particularly important, tections and gun safety. There is no tion. and I would like to highlight three. simple way to stop domestic violence, S. RES. 411 First, this bill preserves the anti-dis- but we have a duty to do all that we At the request of Mr. TOOMEY, the crimination protections that were can. names of the Senator from Oklahoma made in 2013. These protections are I thank the president, and I yield the floor. (Mr. INHOFE), the Senator from Wyo- particularly important to the LGBT ming (Mr. ENZI) and the Senator from community. According to the Center By Mr. BLUNT: North Dakota (Mr. CRAMER) were added for Disease Control, along with 35 per- S. 2851. A bill to amend section 442 of as cosponsors of S. Res. 411, a resolu- cent of heterosexual women, 44 percent title 18, United States Code, to exempt tion affirming that States maintain of lesbian women, and 61 percent of bi- certain interests in mutual funds, unit primacy for the regulation of hydraulic sexual women experience rape, phys- investment trusts, employee benefit fracturing for oil and natural gas pro- ical violence, or stalking by an inti- plans, and retirement plans from con- duction on State and private lands, mate partner. flict of interest limitations for the that the President has no authority to Similarly, the 2015 U.S. transgender Government Publishing Office; consid- declare a moratorium on the use of hy- survey found that 47 percent of ered and passed. draulic fracturing on State and private transgender people have been sexually S. 2851 lands, and that the President should assaulted. Simply put, these protec- Be it enacted by the Senate and House of Rep- not attempt to declare a moratorium tions are important and we should not resentatives of the United States of America in on the use of hydraulic fracturing on only be preserving them, we should be Congress assembled,

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.023 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6570 CONGRESSIONAL RECORD — SENATE November 13, 2019 SECTION 1. GOVERNMENT PUBLISHING OFFICE. Whereas veterans and their families de- mittee on Commerce, Science, and (a) IN GENERAL.—Section 442 of title 18, serve the benefits that they have earned; Transportation; as follows: United States Code, is amended to read as Whereas members of the Armed Forces Strike all after the enacting clause and in- follows: sprayed millions of gallons of Agent Orange, sert the following: a tactical herbicide, and other tactical herbi- ‘‘§ 422. Government Publishing Office SECTION 1. SHORT TITLE. cides on trees and vegetation during the ‘‘(a) DEFINITIONS.—In this section— This Act may be cited as the ‘‘Stopping Vietnam War, from 1962 to 1975; ‘‘(1) the terms ‘diversified’, ‘employee ben- Abuse from Entering Sports, Promoting Whereas 58,220 members of the Armed efit plan’, ‘holding’, ‘mutual fund’, and ‘unit Oversight, Responsibility, and Transparency Forces died in combat during the Vietnam investment trust’ have the meanings given Act of 2019’’ or the ‘‘SAFESPORT Act’’. War, and veterans are still dying from dis- those terms under section 2640.102 of title 5, SEC. 2. ENHANCED CHILD ABUSE REPORTING. Code of Federal Regulations, or any suc- eases related to exposure to Agent Orange; Whereas approximately 83,000 veterans are Section 226(c)(9) of the Victims of Child cessor thereto; and Abuse Act of 1990 (34 U.S.C. 20341(c)(9)) is ‘‘(2) the term ‘printing-related interest’ currently living with at least one of the pre- sumptive medical conditions associated with amended— means an interest, direct or indirect, in— (1) by striking ‘‘adult who is authorized’’ ‘‘(A) the publication of any newspaper or exposure to Agent Orange; Whereas the report set forth by the Na- and inserting the following: ‘‘adult who— periodical; ‘‘(A) is authorized’’; ‘‘(B) any printing, binding, engraving, or tional Academy of Medicine in 2018 entitled ‘‘Veterans and Agent Orange Exposure: Up- (2) in subparagraph (A), as so designated, lithographing of any kind; or by inserting ‘‘or’’ after the semicolon at the ‘‘(C) any contract for furnishing paper or date 11’’ recognized— (1) hypothyroidism and bladder cancer to end; and other material connected with the public (3) by adding at the end the following: printing, binding, lithographing, or engrav- have a limited or suggestive evidence of as- sociation to exposure to Agent Orange; and ‘‘(B) is an employee or representative of ing. the United States Center for Safe Sport;’’. ‘‘(b) OFFENSE.— (2) Parkinson-like symptoms, also known SEC. 3. IMPROVING TRANSPARENCY OF THE ‘‘(1) IN GENERAL.—Except as provided in as Parkinsonism, and hypertension to have sufficient evidence of association to exposure UNITED STATES CENTER FOR SAFE paragraph (2), the Director of the Govern- SPORT. to Agent Orange; ment Publishing Office shall not, during his (a) FUNDING ACCOUNTABILITY.—Section Whereas, due to exposure to Agent Orange, or her continuance in office, have any print- 220541 of title 36, United States Code, is veterans and their families are facing monu- ing-related interest. amended by adding at the end the following: mental hurdles with respect to financial ‘‘(2) EXCEPTION FOR MUTUAL FUNDS, UNIT IN- ‘‘(e) FUNDING ACCOUNTABILITY.— stress, mental health, substance addiction, VESTMENT TRUSTS, EMPLOYEE BENEFIT PLANS, ‘‘(1) IN GENERAL.—Amounts transferred to AND RETIREMENT PLANS.—It shall not be a and physical health issues; and the Center by the corporation or a national violation of paragraph (1) for the Director of Whereas internal documents obtained by a governing body shall be used primarily for the Government Publishing Office to have an veteran under section 552 of title 5, United the investigation and resolution of allega- interest in a diversified mutual fund, diversi- States Code (commonly referred to as the tions of sexual misconduct, or other mis- fied unit investment trust, employee benefit ‘‘Freedom of Information Act’’), determined conduct, made by amateur athletes affiliated plan, investment fund under the Thrift Sav- that the Director of the Office of Manage- with the corporation, a national governing ings Plan under subchapter III of chapter 84 ment and Budget and other White House offi- body, or a paralympic sports organization, in of title 5, or pension plan established or cials objected to the recommendation by accordance with section 220503(15). former Secretary of Veterans Affairs David maintained by a State government or any ‘‘(2) USE OF FUNDS.— Shulkin to add bladder cancer, political subdivision of a State government ‘‘(A) IN GENERAL.—Of the amounts made for its employees that has 1 or more holdings Parkinsonism, and hypothyroidism to the available to the Center by the corporation or that are printing-related interests if the list of diseases related to exposure to Agent a national governing body in a fiscal year for fund, trust, or plan does not exhibit a prac- Orange: Now, therefore, be it the purpose described in section 220503(15)— tice of concentrating in printing-related in- Resolved, That the Senate encourages the ‘‘(i) not less than 50 percent shall be used terests. President— for processing the investigation and resolu- ‘‘(c) PENALTY.—Whoever violates sub- (1) to take care of members of the Armed tion of allegations described in paragraph section (b)(1) shall be fined under this title, Forces, veterans, and their family members (1); imprisoned for not more than 1 year, or who have given so much, including the ulti- ‘‘(ii) not more than 10 percent may be used both.’’. mate sacrifice, in defense of the United for executive compensation of officers and (b) TECHNICAL AND CONFORMING AMEND- States; and directors of the Center; and MENT.—The table of sections for chapter 23 of (2) to take action on behalf of thousands of ‘‘(iii) not more than 20 percent may be used title 18, United States Code, is amended by veterans across the United States who are for administrative expenses of the Center, striking the item relating to section 442 and living with chronic health conditions by ex- except that the reasonable travel expenses of inserting the following: panding the list of the Department of Vet- investigative personnel of the Center and in- ‘‘442. Government Publishing Office.’’. erans Affairs of presumptive medical condi- surance and litigation expenses of the Center tions associated with exposure to Agent Or- shall not be counted toward such amount. f ange to include Parkinsonism, bladder can- ‘‘(B) RESERVE FUNDS.— cer, hypertension, and hypothyroidism. SUBMITTED RESOLUTIONS ‘‘(i) IN GENERAL.—If, after the Center uses f the amounts as allocated under subpara- graph (A), the Center does not use the en- SENATE RESOLUTION 420—ENCOUR- AMENDMENTS SUBMITTED AND tirety of the remaining amounts for the pur- AGING THE PRESIDENT TO EX- PROPOSED pose described in paragraph (1), the Center PAND THE LIST OF THE DE- SA 1245. Mr. GRASSLEY submitted an may retain not more than 25 percent of such PARTMENT OF VETERANS AF- amendment intended to be proposed by him amounts as reserve funds. FAIRS OF PRESUMPTIVE MED- to the bill S. 2838, to amend the Ted Stevens ‘‘(ii) RETURN OF FUNDS.—The Center shall Olympic and Amateur Sports Act to improve return to the corporation and national gov- ICAL CONDITIONS ASSOCIATED erning bodies any amounts, proportional to WITH EXPOSURE TO AGENT OR- the transparency of the United States Center for Safe Sport, to provide grant account- the contributions of the corporation and na- ANGE TO INCLUDE ability, and to protect victims of abuse from tional governing bodies, that remain after PARKINSONISM, BLADDER CAN- retaliation, and for other purposes; which the retention described in clause (i). CER, HYPERTENSION, AND was referred to the Committee on Com- ‘‘(C) LOBBYING AND FUNDRAISING.—Amounts HYPOTHYROIDISM merce, Science, and Transportation. made available to the Center under this paragraph may not be used for lobbying or Mr. BROWN (for himself, Mr. TESTER, f fundraising expenses. Ms. HIRONO, Mr. DURBIN, Mrs. MURRAY, TEXT OF AMENDMENTS ‘‘(3) CONFERENCES AND TRAINING.—The Cen- Ms. STABENOW, Mr. BLUMENTHAL, Mr. ter shall, to the maximum extent prac- SANDERS, Mr. PETERS, and Mr. SCHU- SA 1245. Mr. GRASSLEY submitted ticable, seek reimbursement for the reason- MER) submitted the following resolu- an amendment intended to be proposed able expenses associated with hosting or sup- tion; which was referred to the Com- by him to the bill S. 2838, to amend the porting conferences for, and providing train- mittee on Veterans’ Affairs: Ted Stevens Olympic and Amateur ing or technical assistance to, individuals who are not employees of the Center.’’. S. RES. 420 Sports Act to improve the trans- parency of the United States Center for (b) RECORDS, AUDITS, AND REPORTS.—Sec- Whereas veterans have sacrificed so much tion 220543 of title 36, United States Code, is for the United States and have proudly Safe Sport, to provide grant account- amended— served the United States to secure and pre- ability, and to protect victims of abuse (1) by striking subsection (b) and inserting serve the freedoms inherent in the Constitu- from retaliation, and for other pur- the following: tion of the United States; poses; which was referred to the Com- ‘‘(b) AUDITS AND TRANSPARENCY.—

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‘‘(1) ANNUAL AUDIT.— ‘‘(2) a detailed description of the efforts ‘‘(3) LIMITATIONS ON CONFERENCE EXPENDI- ‘‘(A) IN GENERAL.—Not less frequently than made by the Center to comply with such TURES.— annually, the financial statements of the strategic plan during the preceding year; ‘‘(A) IN GENERAL.—Except as provided in Center for the preceding fiscal year shall be ‘‘(3) any financial statement necessary to subparagraph (B), not more than $50,000 of audited by an independent auditor in accord- present fairly the assets, liabilities, and sur- grant funds provided to an entity under this ance with generally accepted accounting plus or deficit of the Center for the preceding section may be used to host or support a con- principles— year; ference. ‘‘(i) to ensure the adequacy of the internal ‘‘(4) an analysis of the changes in the ‘‘(B) EXCEPTION.—An entity may use more controls of the Center; and amounts of such assets, liabilities, and sur- than $50,000 of grant funds provided under ‘‘(ii) to prevent waste, fraud, or misuse of plus or deficit during the preceding year; this section to host or support a conference funds transferred to the Center by the cor- ‘‘(5) a detailed description of Center activi- if the Director of the Office of Justice Pro- poration or the national governing bodies. ties, including— grams— ‘‘(B) LOCATION.—An audit under subpara- ‘‘(A) the number and nature of misconduct ‘‘(i) authorizes such additional expense in graph (A) shall be conducted at the location complaints referred to the Center; writing; and at which the financial statements of the Cen- ‘‘(B) the total number and type of pending ‘‘(ii) provides a written cost estimate for ter normally are kept. misconduct complaints under investigation the conference, including the cost of food, ‘‘(C) REPORT.—Not later than 180 days after by the Center; beverages, audio-visual equipment, hono- the date on which an audit under subpara- ‘‘(C) the number of misconduct complaints raria for speakers, and entertainment. graph (A) is completed, the independent for which an investigation was terminated or ‘‘(4) AVOIDANCE OF DUPLICATIVE FEDERAL auditor shall issue an audit report. otherwise closed by the Center; and GRANTS.— ‘‘(D) CORRECTIVE ACTION PLAN.— ‘‘(D) the number of such misconduct com- ‘‘(A) IN GENERAL.—The Attorney General ‘‘(i) IN GENERAL.—On completion of the plaints reported to law enforcement agencies shall assess whether a potential grant award audit report under subparagraph (C) for a fis- by the Center for further investigation; to an entity under this section would result cal year, the Center shall prepare, in a sepa- ‘‘(6) information relating to the edu- in an overlap or a duplication of Federal rate document, a corrective action plan that cational activities and trainings conducted grant awards. responds to any corrective action rec- by the office of education and outreach of ‘‘(B) REPORT.—If the Attorney General ommended by the independent auditor. the Center during the preceding year, includ- awards a grant under this section to an enti- ‘‘(ii) MATTERS TO BE INCLUDED.—A correc- ing the number of educational activities and ty in a fiscal year for which the entity re- tive action plan under clause (i) shall include trainings developed and provided; and ceives any other Federal grant for a substan- the following for each such corrective ac- ‘‘(7) a description of the activities of the tially similar purpose, the Attorney General tion: Center. shall submit to the Committee on the Judici- ‘‘(I) The name of the person responsible for ‘‘(e) DEFINITIONS.—In this section— ary of the Senate and the Committee on the the corrective action. ‘‘(1) ‘audit report’ means a report by an Judiciary of the House of Representatives a ‘‘(II) A description of the planned correc- independent auditor that includes— report that includes— tive action. ‘‘(A) an opinion or a disclaimer of opinion ‘‘(i) a description of each grant awarded to ‘‘(III) The anticipated completion date of that presents the assessment of the inde- the entity in such fiscal year that results in the corrective action. pendent auditor with respect to the financial an overlap or a duplication in Federal grant ‘‘(IV) In the case of a recommended correc- records of the Center, including whether awards, including the total amount of each tive action based on a finding in the audit re- such records are accurate and have been such grant award; and port with which the Center disagrees, or for maintained in accordance with generally ac- ‘‘(ii) a justification for awarding an over- which the Center determines that corrective cepted accounting principles; lapping or a duplicative grant.’’. action is not required, an explanation and a ‘‘(B) an assessment of the internal controls SEC. 5. PROTECTING ABUSE VICTIMS FROM RE- specific reason for noncompliance with the used by the Center that describes the scope TALIATION. recommendation. of testing on of the internal control and the (a) DEFINITIONS.—Section 220501(b) of title ‘‘(2) ACCESS TO RECORDS AND PERSONNEL.— results of such testing; and 36, United States Code, is amended— With respect to an audit under paragraph (1), ‘‘(C) a compliance assessment that in- (1) by redesignating paragraphs (7) through the Center shall provide the independent cludes an opinion or a disclaimer of opinion (9) and (10), as paragraphs (8) through (10) auditor access to all records, documents, and as to whether the Center has complied with and (13) respectively; personnel and financial statements of the the terms and conditions of subsection (b); (2) by inserting after paragraph (6) the fol- Center necessary to carry out the audit. and lowing: ‘‘(3) PUBLIC AVAILABILITY.— ‘‘(2) ‘independent auditor’ means an inde- ‘‘(7) ‘covered entity’ means— ‘‘(A) IN GENERAL.—The Center shall make pendent certified public accountant or inde- ‘‘(A) an officer or employee of the Center; available to the public on an easily acces- pendent licensed public accountant, certified ‘‘(B) a coach, trainer, manager, adminis- sible internet website of the Center— or licensed by a regulatory authority of a trator, or other employee or official associ- ‘‘(i) each audit report under paragraph State or a political subdivision of a State, ated with the corporation, a national gov- (1)(C); and who meets the standards specified in gen- erning body, or a paralympic sports organi- ‘‘(ii) the Internal Revenue Service Form erally accepted accounting principles.’’. zation; 990 of the Center for each year filed under SEC. 4. GRANT ACCOUNTABILITY. ‘‘(C) the Department of Justice; section 501(c) of the Internal Revenue Code Section 220531 of title 36, United States ‘‘(D) a Federal or State law enforcement of 1986. Code, is amended by adding at the end the authority; ‘‘(B) PERSONALLY IDENTIFIABLE INFORMA- following: ‘‘(E) a Federal or State entity responsible TION.—An audit report or the minutes made ‘‘(e) GRANT ACCOUNTABILITY.— for receiving reports of child abuse; available under subparagraph (A) shall not ‘‘(1) LIMITATIONS ON FUNDING.—The Attor- ‘‘(F) the Equal Employment Opportunity include the personally identifiable informa- ney General may not award a grant under Commission or other State or Federal entity tion of any individual. this section to an entity that holds amounts with responsibility over claims of sexual ‘‘(4) RULE OF CONSTRUCTION.—For purposes in an offshore account for the purpose of harassment; or this subsection, the Center shall be consid- avoiding payment of the tax described in sec- ‘‘(G) any other person who the protected ered a private entity. tion 511(a) of the Internal Revenue Code of individual reasonably believes has authority ‘‘(c) PETITIONS FOR EQUITABLE RELIEF.— 1986. to investigate or act on information relating The Attorney General may petition in the ‘‘(2) TRANSPARENCY.— to abuse, including— United States District Court for the District ‘‘(A) IN GENERAL.—As a condition of receiv- ‘‘(i) emotional, physical, or sexual abuse; of Columbia for removal of officers and di- ing funds under this section, an entity shall and rectors of the Center, as may be necessary or include in an application for a grant— ‘‘(ii) sexual harassment.’’; appropriate, if the Center— ‘‘(i) a description of the process by which (3) by inserting after paragraph (10), as so ‘‘(1) engages in, or threatens to engage in, the entity determines the compensation of redesignated, the following: any act, practice, or policy that is materi- the officers, directors, trustees, and key em- ‘‘(11) ‘protected disclosure’ means any law- ally inconsistent with the purpose described ployees of the entity, including any inde- ful act of a protected individual, or in the 220503(15); or pendent individual involved in reviewing and case of a protected individual who is a ‘‘(2) refuses, fails, or neglects to discharge, approving such compensation; minor, an individual acting on behalf of a or threatens to refuse, fail, or neglect to dis- ‘‘(ii) the comparability data used in such protected individual— charge, the obligations of the Center to pro- process; and ‘‘(A) to provide information to, cause infor- tect the safety of amateur athletes under ‘‘(iii) contemporaneous substantiation of mation to be provided to, or otherwise assist this chapter. the deliberation and decision with respect to in an investigation by a covered entity (or be ‘‘(d) REPORT.—The Center shall submit an such compensation. perceived as providing information to, caus- annual report to Congress, including— ‘‘(B) PUBLIC AVAILABILITY.—On request, the ing information to be provided to, or other- ‘‘(1) a strategic plan with respect to the Attorney General shall make the informa- wise assisting in such an investigation) re- manner in which the Center shall fulfill its tion disclosed under subparagraph (A) avail- lating to abuse, including— duties under sections 220541 and 220542; able for public inspection. ‘‘(i) emotional, physical, or sexual abuse;

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.026 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6572 CONGRESSIONAL RECORD — SENATE November 13, 2019 ‘‘(ii) sexual harassment; and ee, contractor, subcontractor, or agent of the not later than 60 days after the date of the ‘‘(iii) a violation of anti-abuse policies, corporation, a national governing body, or issuance of the arbitration decision of the practices and procedures established pursu- paralympic sports organization) has retali- corporation. Review shall conform to chap- ant to paragraph (3) of section 220541(a) and ated against a protected individual, the cor- ter 7 of title 5, United States Code. The com- paragraph (2) of section 220542(a); poration, national governing body, or mencement of proceedings under this para- ‘‘(B) to file, cause to be filed, testify, par- paralympic sports organization, as applica- graph shall not, unless ordered by the court, ticipate in, or otherwise assist in a pro- ble, shall promptly— operate as a stay of the order. ceeding filed or about to be filed (or be per- ‘‘(i) take affirmative action to abate the ‘‘(9) RIGHTS RETAINED.—Nothing in this ceived as filing, causing to be filed, testi- violation; subsection shall be deemed to diminish the fying, participating in, or otherwise assist- ‘‘(ii) reinstate the complainant to the rights, privileges, or remedies of any em- ing in such an investigation) relating to former position with the same pay and terms ployee or other individual under any Federal abuse, including— and privileges; and or State law, or under any collective bar- ‘‘(i) emotional, physical, or sexual abuse; ‘‘(iii) pay compensatory damages, includ- gaining agreement. ‘‘(ii) sexual harassment; and ing economic damages (including backpay ‘‘(10) NONENFORCEABILITY OF CERTAIN PRO- ‘‘(iii) a violation of anti-abuse policies and with interest) and any special damages sus- VISIONS WAIVING RIGHTS AND REMEDIES.—The procedures established pursuant to para- tained as a result of the retaliation, includ- rights and remedies provided for in this sub- graph (3) of section 220541(a) and paragraph ing damages for pain and suffering, reason- section may not be waived by any agree- (2) of section 220542(a); able attorney fees, and costs. ment, policy form, or condition of employ- ‘‘(C) in communication with Congress; or ‘‘(B) REIMBURSEMENT FROM NATIONAL GOV- ment or association with the corporation, a ‘‘(D) in the case of an amateur athlete, in ERNING BODY.—In the case of a national gov- national governing body, or a paralympic communication with the Office of the Ath- erning body or a paralympic sports organiza- sports organization. lete Ombudsman. tion found to have retaliated against a pro- ‘‘(11) RULE OF CONSTRUCTION.—Nothing in ‘‘(12) ‘protected individual’ means any— tected individual, the corporation may de- this subsection shall be construed to mean ‘‘(A) amateur athlete, coach, medical pro- mand reimbursement from the national gov- that the funds transferred by the national fessional, or trainer associated with the cor- erning body or paralympic sports organiza- governing bodies and paralympic sports or- poration, a national governing body, or a tion for damages paid by the corporation ganizations to the corporation and the Cen- paralympic sports organization; or under subparagraph (A). ter qualify as a grant.’’. ‘‘(B) any official or employee of the cor- ‘‘(5) ENFORCEMENT ACTION AND PROCE- (c) ELIGIBILITY REQUIREMENTS FOR NA- poration, a national governing body, a DURES.— TIONAL GOVERNING BODIES.—Section 220522 of paralympic sports organization, or a grantee, ‘‘(A) IN GENERAL.—If the corporation has title 36, United States Code, amended— contractor, or subcontractor of the corpora- not issued a final decision within 180 days of (1) in paragraph (14), by striking ‘‘; and’’ tion, a national governing body, or a the filing of the complaint and there is no and inserting a semicolon; paralympic sports organization’’; and showing that such delay is due to the bad (2) in paragraph (15), by striking the period (4) by inserting after paragraph (13), as so faith of the complainant, the complainant at the end and inserting ‘‘; and’’; and redesignated, the following: may bring an action at law or equity for de (3) by adding at the end the following: novo review in the appropriate district court ‘‘(14) ‘retaliation’ means any adverse or ‘‘(16) provides protection from retaliation discriminatory action, or the threat of an of the United States, which shall have juris- to protected individuals.’’. adverse or discriminatory action, carried out diction over such an action without regard against a protected individual because of any to the amount in controversy. f protected disclosure, including— ‘‘(B) JURY TRIAL.—A party to an action ‘‘(A) discipline; brought under paragraph (A)shall be entitled AUTHORITY FOR COMMITTEES TO ‘‘(B) discrimination regarding pay, terms, to trial by jury. MEET or privileges; ‘‘(C) RELIEF.—The court shall have juris- ‘‘(C) removal from a training facility; diction to grant all relief under paragraph Mr. MCCONNELL. Mr. President, I ‘‘(D) reduced coaching or training; (4). have 5 requests for committees to meet ‘‘(E) reduced meals or housing; and ‘‘(6) STATUTE OF LIMITATIONS.—An action during today’s session of the Senate. ‘‘(F) removal from competition.’’. under paragraph (2) shall be commenced not They have the approval of the Majority (b) RESOLUTION OF DISPUTES.—Section later than 2 years after the date on which and Minority leaders. 220509 of title 36, United States Code, is the violation occurs, or after the date on Pursuant to rule XXVI, paragraph amended— which the protected individual became aware 5(a), of the Standing Rules of the Sen- (1) in subsection (a), in the first sentence, of the violation. by inserting ‘‘complaints of retaliation or’’ ‘‘(7) BURDENS OF PROOF.— An action under ate, the following committees are au- after ‘‘relating to’’; and paragraph (2) or (5) shall be governed as fol- thorized to meet during today’s session (2) by adding at the end the following: lows: of the Senate: ‘‘(c) RETALIATION.— ‘‘(A) REQUIRED SHOWING BY COMPLAINANT.— COMMITTEE ON COMMERCE, SCIENCE, AND ‘‘(1) IN GENERAL.—The corporation, a na- The corporation shall dismiss a complaint TRANSPORTATION tional governing body, a paralympic sports filed under this subsection and shall not con- The Committee on Commerce, organization, or any officer, employee, duct an investigation unless the complainant grantee, contractor, subcontractor, or agent makes a prima facie showing that any retal- Science, and Transportation is author- of the corporation, a national governing iation was a contributing factor in the unfa- ized to meet during the session of the body, or a paralympic sports organization, vorable personnel action alleged in the com- Senate on Wednesday, November 13, may not retaliate against any protected in- plaint. 2019, at 10 a.m., to conduct a hearing on dividual because of any protected disclosure. ‘‘(B) CRITERIA FOR DETERMINATION BY THE the following nominations; Ian Paul ‘‘(2) REPORTING, INVESTIGATION AND ARBI- ARBITRATION.—The arbitration may deter- Steff, of Indiana, to be Assistant Sec- TRATION.—The corporation shall establish mine that a violation of paragraph (1) has oc- retary of Commerce and Director Gen- mechanisms for the reporting, investigation, curred only if the complainant demonstrates eral of the United States and Foreign and resolution (through binding third-party that the retaliation was a contributing fac- arbitration) of complaints of alleged retalia- tor in the unfavorable personnel action al- Commercial Service, Michael Graham, tion. leged in the complaint. of Kansas, to be a Member of the Na- ‘‘(3) DISCIPLINARY ACTION.—If the corpora- ‘‘(C) PROHIBITION.—Relief may not be or- tional Transportation Safety Board for tion finds that an officer or employee of the dered under paragraph (4) if the corporation, a term expiring December 31, 2020, and corporation, a national governing body, or a national governing body, or paralympic to be a Member of the National Trans- paralympic sports organizations (or any sports organization, as applicable, dem- portation Safety Board for a term ex- grantee, contractor, subcontractor, or agent onstrates by clear and convincing evidence piring December 31, 2025, Carl Whitney of the corporation, a national governing that the corporation, national governing Bentzel, of Maryland, to be a Federal body, or a paralympic sports organization) body, or paralympic sports organization has retaliated against a protected individual, would have taken the same unfavorable per- Maritime Commissioner, Theodore the corporation, national governing body, or sonnel action in the absence of that behav- Rokita, of Indiana, to be a Director of paralympic sports organization, as applica- ior. the Amtrak Board of Directors, and ble, shall take appropriate disciplinary ac- ‘‘(8) REVIEW.—Any person adversely af- routine lists in the Coast Guard. tion with respect to any such individual fected or aggrieved by an order issued under COMMITTEE ON ENVIRONMENT AND PUBLIC found to have retaliated against the pro- paragraph (4) or (5)may obtain review of the WORKS tected individual. order in the United States Court of Appeals The Committee on Environment and ‘‘(4) REMEDIES.— for the circuit in which the violation, with ‘‘(A) IN GENERAL.—If the corporation finds respect to which the order was issued, alleg- Public Works is authorized to meet that an officer or employee of the corpora- edly occurred or the circuit in which the during the session of the Senate on tion, a national governing body, or a complainant resided on the date of such vio- Wednesday, November 13, 2019, at 10 paralympic sports organization (or a grant- lation. The petition for review shall be filed a.m., to conduct a hearing.

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.026 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6573 COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘§ 422. Government Publishing Office light on our strong, healthy, and grow- AND PENSIONS ‘‘(a) DEFINITIONS.—In this section— ing economy. Specifically, my focus is The Committee on Health, Edu- ‘‘(1) the terms ‘diversified’, ‘employee ben- on how this record-setting economy is cation, Labor, and Pensions is author- efit plan’, ‘holding’, ‘mutual fund’, and ‘unit helping and could continue to help all ized to meet during the session of the investment trust’ have the meanings given Americans. Senate on Wednesday, November 13, those terms under section 2640.102 of title 5, Since Republicans took over and 2019, at 10 a.m., to conduct a hearing. Code of Federal Regulations, or any suc- cessor thereto; and passed tax relief, there has been no end COMMITTEE ON HOMELAND SECURITY AND ‘‘(2) the term ‘printing-related interest’ to the boon in jobs in our country. Re- GOVERNMENTAL AFFAIRS means an interest, direct or indirect, in— publicans have put the U.S. worker in The Committee on Homeland Secu- ‘‘(A) the publication of any newspaper or the driver’s seat. The October jobs re- rity and Governmental Affairs is au- periodical; port again beat all expectations. U.S. thorized to meet during the session of ‘‘(B) any printing, binding, engraving, or employers added a solid 128,000 jobs the Senate on Wednesday, November lithographing of any kind; or last month alone. 13, 2019, at 9:30 a.m., to conduct a hear- ‘‘(C) any contract for furnishing paper or Even better, American workers are ing. other material connected with the public noting that their wallets are thicker printing, binding, lithographing, or engrav- COMMITTEE ON THE JUDICIARY ing. and fatter. Wages are up 3 percent year The Committee on the Judiciary is ‘‘(b) OFFENSE.— over year. It is the fastest growth— authorized to meet during the session ‘‘(1) IN GENERAL.—Except as provided in faster than inflation. of the Senate on Wednesday, November paragraph (2), the Director of the Govern- We also continue to see record-low 13, 2019, at 2 p.m., to conduct a hearing ment Publishing Office shall not, during his unemployment across the country. At on the following nominations: Stanley or her continuance in office, have any print- 3.6 percent, the U.S. jobless rate is near Blumenfeld, and Mark C. Scarsi, both ing-related interest. a 50-year low. African-American unem- to be a United States District Judge ‘‘(2) EXCEPTION FOR MUTUAL FUNDS, UNIT IN- ployment is at a 50-year low. In fact, 3 VESTMENT TRUSTS, EMPLOYEE BENEFIT PLANS, years of Republican pro-growth policies for the Central District of California, AND RETIREMENT PLANS.—It shall not be a Grace Karaffa Obermann, of Virginia, violation of paragraph (1) for the Director of have produced more than 6 million new to be a Judge of the United States the Government Publishing Office to have an jobs—actually, 6,700,000 new jobs. Court of Federal Claims for a term of interest in a diversified mutual fund, diversi- Today, the United States has nearly 160 fifteen years, and Stephen A. Vaden, of fied unit investment trust, employee benefit million people working. That is an- Tennessee, to be a Judge of the United plan, investment fund under the Thrift Sav- other record high. Median household States Court of International Trade. ings Plan under subchapter III of chapter 84 income is the highest in 20 years. No of title 5, or pension plan established or wonder a new poll by Gallup shows f maintained by a State government or any Americans are planning to spend more AMENDING SECTION 442 OF TITLE political subdivision of a State government for its employees that has 1 or more holdings than ever this holiday season because 18, UNITED STATES CODE, TO EX- they have the money. They have EMPT CERTAIN INTERESTS IN that are printing-related interests if the fund, trust, or plan does not exhibit a prac- earned it, and they have kept more of MUTUAL FUNDS, UNIT INVEST- tice of concentrating in printing-related in- their hard-earned money as a result of MENT TRUSTS, EMPLOYEE BEN- terests. tax relief. EFIT PLANS, AND RETIREMENT ‘‘(c) PENALTY.—Whoever violates sub- The U.S. stock market continues to PLANS FROM CONFLICT OF IN- section (b)(1) shall be fined under this title, set new highs, and that is welcome TEREST LIMITATIONS FOR THE imprisoned for not more than 1 year, or news for people when they look at their both.’’. GOVERNMENT PUBLISHING OF- pensions, their retirements, and their FICE (b) TECHNICAL AND CONFORMING AMEND- MENT.—The table of sections for chapter 23 of 401(k)s. Mr. MCCONNELL. Mr. President, I title 18, United States Code, is amended by Notably, trade optimism has been a ask unanimous consent that the Sen- striking the item relating to section 442 and major factor in the stock market’s ate proceed to the immediate consider- inserting the following: climb to record highs, which brings me ation of S. 2851, introduced earlier ‘‘442. Government Publishing Office.’’. to my next point: How do we start the today. f next chapter of the United States in The PRESIDING OFFICER. The terms of our success story? I believe it clerk will report the bill by title. ORDERS FOR THURSDAY, is through America-first trade vic- The legislative clerk read as follows: NOVEMBER 14, 2019 tories. A bill (S. 2851) to amend section 442 of title Mr. MCCONNELL. Mr. President, I Without question, the most impor- 18, United States Code, to exempt certain in- ask unanimous consent that when the tant trade deal we need to pass right terests in mutual funds, unit investment Senate completes its business today, it now is USMCA—the United States- trusts, employee benefit plans, and retire- adjourn until 10 a.m., Thursday, No- Mexico-Canada trade agreement. In my ment plans from conflict of interest limita- tions for the Government Publishing Office. vember 14; further, that following the view, it is vital to continuing our prayer and pledge, the morning hour be American prosperity. The U.S.-Mexico- The PRESIDING OFFICER. Is there deemed expired, the Journal of pro- Canada trade agreement was signed by objection to proceeding to the meas- ceedings be approved to date, the time all three countries’ leaders more than a ure? for the two leaders be reserved for their year ago, so you would think, well, it There being no objection, the Senate use later in the day, morning business should be in place. But it takes more proceeded to consider the bill. be closed, and the Senate proceed to than that. Mexico gave its final ap- Mr. MCCONNELL. I ask unanimous executive session and resume consider- consent that the bill be considered read proval to USMCA in June. Canada is ation of the Menashi nomination, with a third time and passed and the motion waiting for us—for the House and the the postcloture time expiring at 1:45 to reconsider be considered made and Senate—to give the approval as well. p.m.; finally, that if confirmed, the mo- Without a doubt, USMCA is the best laid upon the table. The PRESIDING OFFICER. Without tion to reconsider be considered made trade upgrade in 25 years. It is going to objection, it is so ordered. and laid upon the table and the Presi- expand market access for a host of U.S. The bill (S. 2851) was ordered to be dent be immediately notified of the products, and it is going to sharpen engrossed for a third reading, was read Senate’s action. U.S. exporters’ competitive edge. the third time, and passed, as follows: The PRESIDING OFFICER. Without Above all, USMCA is a big benefit for American workers. It will protect and S. 2851 objection, it is so ordered. The Senator from Wyoming. produce millions of U.S. jobs, and that Be it enacted by the Senate and House of Rep- resentatives of the United States of America in f is critical. Congress assembled, I predict it will pass the Senate with UNITED STATES-MEXICO-CANADA strong bipartisan support. So it has to SECTION 1. GOVERNMENT PUBLISHING OFFICE. TRADE AGREEMENT (a) IN GENERAL.—Section 442 of title 18, get here. Yet we have not crossed the United States Code, is amended to read as Mr. BARRASSO. Mr. President, I finish line. There is a roadblock, and follows: come to the floor today to shine a spot- the roadblock is at the other end of

VerDate Sep 11 2014 07:05 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.024 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6574 CONGRESSIONAL RECORD — SENATE November 13, 2019 this building. The roadblock is Speaker today to discuss the Democrats’ par- UNANIMOUS CONSENT REQUEST— NANCY PELOSI. She has not and will not tisan campaign against President S. RES. 150 yet allow a vote in the House of Rep- Trump. Mr. MENENDEZ. Mr. President, over resentatives. It seems to me the Speak- The Democrats have been obsessed 104 years ago, the Ottoman Empire er is too obsessed with impeaching the with impeaching him since day one of launched a systematic campaign to ex- President instead of being focused on his Presidency, and I absolutely mean terminate the Armenian population fighting for American workers. She day one. As the President was taking through killings, forced deportation, stopped all progress on USMCA in its the oath of office, sworn in to the Pres- starvation, and other brutal means. tracks. idency, the Washington Post ran this Every year I join the Armenian com- The stakes, meanwhile, could not be headline: ‘‘The campaign to impeach munity in honoring the memory of the higher. Passing USMCA will save President Trump has begun.’’ It was victims who made invaluable contribu- American jobs. Twelve million current posted, actually, at 12:18, the day he tions to sustain the Armenian people American jobs are on the line. The deal took the oath of office. The minute he and preserve Armenian history and cul- will create 180,000 new U.S. jobs. took the oath of office, that headline ture before their cruel, inhuman USMCA is a boon for the entire econ- was posted. deaths. omy. It will boost our economy by $70 So 3 years have passed, and impeach- At the time of the genocide, U.S. dip- billion. So what exactly is the Speaker ment is still taking up all the Demo- lomats who witnessed it knew that the waiting for? crats’ time, all their efforts, and all tragedy they were seeing was an inten- Canada and Mexico are our top trad- their energy. They are fixated on it, tional choice. Henry Morgenthau, the ing partners. U.S. producers don’t need and they are obsessed with it. As a doc- then-U.S. Ambassador to the Ottoman impeachment chaos or an impeach- tor, in my opinion, the Democrats have Empire, said that the Turkish Govern- ment circus; what we need is trade cer- a bad case of impeachment fever, and it ment’s deportation order for the Arme- tainty. seems that there is no cure for them. nians was ‘‘a death warrant to a whole Not only is the deal essential for U.S. race.’’ Those are his words. They are ‘‘a We all know that Democrats deeply manufacturers, our ranchers and farm- death warrant to a whole race,’’ and an dislike this President. They have from ers are counting on it as well. Canada aim which ‘‘they made no particular the moment he was elected in Novem- and Mexico are the top export markets attempt to conceal’’ in their discus- ber 2016. Let me ask you: Does that for American farmers. Last year, U.S. sions with them. agriculture exports to the two coun- mean they get to overturn the last We know what to call such an inten- tries totaled $40 billion. For the past 5 election? That is what they are trying tional, highly organized effort to de- years, Mexico has consistently ranked to do, not to mention interfere with stroy a people on account of their iden- second or third for U.S. wheat imports. the upcoming election. That is really tity alone: genocide. In other cir- USMCA is a huge win for Wyoming what it is—a bitterly partisan process. cumstances, no one questions this defi- wheat growers. My State is going to Remember, it is being controlled by nition. reap enormous benefits from this deal. one political party. This is totally par- U.S. foreign policy must reflect an Wyoming foreign trade has increased tisan, and up to now, at least it has honest accounting of human rights nearly 20 percent in recent years. Wyo- been conducted, prior to today, in total abuses, crimes against humanity, eth- ming farmers—the Presiding Officer secret, in the cellar, behind closed nic cleansing, and genocide. We cannot knows this, coming from an agri- doors, and in the shadows. That is the turn our backs on the Armenian vic- culture State—play a key role in our way they have done it. It is not a fair tims of genocide nor on any victims of economy. This Friday, I will be hon- process—no transparency and no ac- genocide anywhere or anytime it oc- ored to attend the 100th annual meet- countability. curs. If we do, we only empower those ing of the Wyoming Farm Bureau. It I think President Trump has a right who seek to use genocide as a weapon will be in Laramie. Our farmers add to be treated fairly, yet his rights have of war for their own malevolent pur- billions to the State economy every been completely ignored. The process, poses. year, and trade is a big part of it. in my opinion, is rigged against the The Government of Turkey has fund- Wyoming’s annual agriculture ex- President. The outcome is predeter- ed lobbyists willing to trumpet lies and ports total $300 million. The export mined and fixed. The Democratic make excuses for these atrocities. The market supports 2,600 jobs in our State. House wins; the American public loses. Turkish Government and its sympa- Our State not only produces livestock, Democrats are so obsessed, they thizers have advocated for restrictive seeds, and crops, but we are exporting can’t work. The people elected them to laws on expression and against legisla- essential chemicals that farmers every- do a job, to work for them, and they tion that recognizes the Armenian where need to grow their crops. are nowhere to be found. The Demo- genocide, initiated prosecutions and Wyoming farmers and ranchers are crats, for example, will not pass de- smear campaigns against those who counting on expanded export markets fense funding, funding our military, study the Armenian community’s expe- for future growth. New markets mean protecting our borders, protecting our riences at the hands of the Turks, and new opportunities, and Wyoming is Nation, and they will not approve trade even resorted to violence and harass- poised to seize them. deals or lower drug costs. They will not ment of journalists and human rights In coming years, we plan to add to even help fix our aging roads and activists who bravely speak the truth. our high-quality beef, our grain, and bridges. These actions are unacceptable and speak volumes to both the crime and our hay exports. Future State exports Well, that is all bad news for the its coverup. will include gluten-free products, as American people. All of this is tied up Thankfully, there are also voices well as craft beer and distilled spirits, in the impeachment obsession that is speaking up against Turkey’s efforts to just to name a few. grinding the Democrats in the House to silence the truth of the Armenian That is why the USMCA agreement is a halt. The good news is, Republicans genocide. I have long worked in the so essential for the people, not just in are highly resistant to this fever, and U.S. Senate to push for this honest ac- Wyoming but for people all across so are most Americans. America. To keep our record-setting counting and to ensure that anyone We are not going to join the Demo- economy on track, we need to pass this who represents the U.S. Government crats’ impeachment campaign. Repub- ‘‘America First’’ trade deal, and we does the same. In every session of Con- licans prefer to work on the issues we need to do it now. gress since 2006, I have introduced or were elected to address—jobs, the econ- It is time to put partisan politics cosponsored resolutions affirming the omy, national security—and we are aside. It is time to pass USMCA. facts of the Armenian genocide. When I going to continue to work for the peo- f was chairman of the Senate Foreign ple who elected us. Relations Committee, I was proud to IMPEACHMENT I yield the floor. preside over the passage of an Arme- Mr. BARRASSO. Mr. President, on a The PRESIDING OFFICER. The Sen- nian genocide resolution out of com- different topic, I come to the floor ator from New Jersey. mittee for the first time.

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.047 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6575 The U.S. Congress cannot stand idly lem. But given where we are in Syria rights—decisions that would limit by and let the truth of genocide be si- and some hope that maybe we can re- those rights for a generation. lenced. We must commit ourselves to solve things, I object, not because of We used to be able to rely on judges learning the painful history of the Ar- the past but because of the future. to expand human rights and civil menians as we seek to build a better The PRESIDING OFFICER. Objec- rights and all rights of humankind. world for our own and future genera- tion is heard. Today, we cringe so often because of tions. We must stand up unequivocally The Senator from New Jersey. judges who get selected by this Presi- for truth, justice, and peace. Only then, Mr. MENENDEZ. Mr. President, dent who put their thumbs on the scale with that hard work and advocacy and needless to say, I have great admira- to support corporations over workers recognition of the truth, will we then tion for the Senator from South Caro- and health insurance companies over confidently be able to say ‘‘never lina and consider him a friend, but our patients and Wall Street over con- again.’’ Never again. problem with Turkey—and I know my sumers. I have heard many colleagues come colleague has asked me several times: These same judges make decisions on to the floor when we talked about the What are we doing about Turkey? And healthcare and sentencing and cor- Holocaust and say ‘‘never again.’’ In I know it was meant in the context of porate power. That is why we can’t af- Rwanda, we said ‘‘never again.’’ In the sanctions, which I obviously do support ford to have Steven Menashi on the Armenian genocide, we should say for a variety of reasons—violations of Federal bench. On all of these issues, ‘‘never again’’ as well. Genocide is CAATSA, purchase of the S–400, what his record makes it clear that he is not genocide, and we should recognize it as they did in Syria, and the list goes on on the side of the people we were sent such so we can move forward at the end and on. But in our desire to see Turkey here to serve. of the day. become that which we would want it to There is a simple rule for under- I am proud to have worked with Sen- be, which it is not, under President standing where Steve Menashi stands ator CRUZ and 23 other Senators in Erdogan, we continue to become on any issue: If a policy helps ordinary, leading a resolution recognizing the enablers of the types of actions that hard-working Americans, Menashi op- horror of this genocide. I thank them are undemocratic. More journalists are poses it. He argued that gun safety reg- for their efforts on this important reso- jailed in Turkey than in any other ulation is ‘‘pointless and self-defeat- lution and appreciate their standing up place in the world. Imagine that—a ing.’’ We are talking about common- for the truth. NATO ally. More lawyers are jailed in sense background checks that 85 per- This is not an issue of historical dis- Turkey than in any other place in the cent of the American public supports, pute. I listened to President Erdogan’s world. And the simple recognition of a all blocked by the gun manufacturers. press conference with President Trump historical fact—the simple recognition Tell that to the people of Dayton where he suggested they are reviewing of a historical fact of the Ottoman Em- whose lives were torn apart and ended this history. They are going to review pire and the cruel persecution of the in some cases by gun violence. Tell it until there isn’t one more Armenian Armenian people cannot be recognized them background checks are pointless. genocide victim alive. Historians from by the U.S. Senate the way the House Menashi also advised Stephen Miller across the world, the most noted histo- of Representatives recognized it in an on immigration policy—the man who rians, and genocide observers and ex- overwhelmingly bipartisan vote? Are stands in the way of comprehensive im- perts and ethicists have said that this we so afraid to stand up to history and migration reform and helped orches- was a genocide. the truth? Are we so afraid about Tur- trate the separation—the ripping of I want to thank my colleagues for key? Who is the superpower? Who is children from their parents’ arms. forwarding this important resolution the superpower? I am beginning to Menashi refused to answer any ques- and appreciate their standing up for wonder because every time Turkey tions about whether he worked on the the truth. I hope the full Senate will threatens to do something, we cower. Trump family separation policy with join us and send a clear message to the Well, as far as I am concerned, they Stephen Miller. world that the United States stands by don’t get to dictate the views of the He has been a senior adviser to Betsy the truth, stands by justice, and stands Congress of the United States. They DeVos at the Department of Education, with victims of genocide wherever they don’t get to dictate the views of this where we have seen one disastrous de- may be. This passed overwhelmingly Senate. This Senate should rise up and cision after another. The headline in with strong Republican support in the recognize the historical truth as docu- the New York Times says it all: ‘‘Ap- House of Representatives. We are one mented by historians and as docu- peals Court Nominee Shaped DeVos’s step away from finally recognizing this mented by our own diplomats. I will Illegal Loan Forgiveness Effort.’’ historical fact. not cease continuing to come to the Menashi devised the scheme to ille- Therefore, Mr. President, I ask unan- floor to prick the conscience of the gally use people’s Social Security data imous consent that the Senate Foreign Senate and to ultimately reveal who to deny them debt relief after they Relations Committee be discharged supports recognizing the Armenian were scammed by for-profit colleges. It from further consideration of S. Res. genocide and who does not. Otherwise, seems that the Department of Edu- 150 and the Senate proceed to its imme- the words ‘‘never again’’—they are just cation with Menashi there always sided diate consideration. I further ask that hollow. with the for-profit schools against the resolution be agreed to, the pre- With that, Mr. President, I yield the Denison or Ohio State or the Univer- amble be agreed to, and the motions to floor. sity of Toledo or Lourdes or Case West- reconsider be considered made and laid The PRESIDING OFFICER. The Sen- ern or any of the traditional, excellent upon the table with no intervening ac- ator from Ohio. schools of higher education in this tion or debate. Mr. BROWN. Mr. President, I always country. The PRESIDING OFFICER. Is there appreciate Senator MENENDEZ standing We have seen how shady schools like objection? up for human rights all over the world, Corinthian used deceptive and even il- The Senator from South Carolina. and this is one of the worst human legal tactics to trick Ohioans into tak- Mr. GRAHAM. Mr. President, No. 1, rights violations the world has seen in ing out huge loans, only to then close there is nobody I admire more on for- the last 150 years. I thank my friend up shop and leave them with meaning- eign policy than Senator MENENDEZ. He from New Jersey. less degrees or credits—often falling has been a champion of this cause. My f short even of that but always with objection will not be to sugarcoat his- mountains of debt. We need to hold tory, nor to rewrite it. I just met with NOMINATION OF STEVEN J. these for-profit schools accountable, President Erdogan and President MENASHI but, of course, we learned not to hold Trump about the S–400 purchase and Mr. BROWN. Mr. President, judges our breath when it comes to the Trump about the problems we face in Syria make decisions around the country. administration holding any of the elite from the military incursion by Turkey, They are making them right now on in this country accountable. and I do hope Turkey and Armenia can workers’ rights, voters’ rights, wom- Instead of figuring out how to pro- come together and deal with this prob- en’s rights, civil rights, LGBTQ vide relief for students, DeVos and

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.049 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6576 CONGRESSIONAL RECORD — SENATE November 13, 2019 Menashi went to work figuring out how process. People give up dollars today at Turkey hosts the largest Syrian ref- to let the schools that scammed them the bargaining table for the promise of ugee population. Turkey has been very off the hook. Be clear—it was not a secure retirement with good engaged in NATO, filling all of its bil- Menashi just doing his job advocating healthcare and a pension. These work- lets and all of its requirements. They for someone else’s bad policy; he wrote ers’ lives and livelihoods will be dev- have worked to be a good partner. They the memo. It is clear that he actually astated if Congress doesn’t do its job. have partnered with us in not only the supported and supports Betsy DeVos’s I think about the words of Larry War on Terror in multiple different radical agenda. Ward at a hearing in Ohio last year. He countries in the regions, but they have Now they want to put him on the said: been very faithful to engage with Federal bench so he can put his thumb I don’t understand how it is that Congress NATO as a whole. on the scales of justice for shady for- would even consider asking us to take a cut But something is happening in Tur- profit schools over students and cor- to my pension or to see it going away, when key that I hope President Trump and porations over workers and, as I said, it had no problem sending billions to the President Erdogan had a very frank for Wall Street and insurance compa- Wall Street crooks who caused this problem discussion on because since 2016, Presi- nies over patients. We have seen that in the first place. They used that to pay dent Erdogan of Turkey is shifting from judge after judge after judge with themselves bonuses. We use our pensions to Turkey away from NATO toward Rus- pay for medicine and food and heat. President Trump, but even by those sia, toward a more authoritative re- Trump standards, Menashi is particu- Think about that. Wall Street uses gime, changing their Constitution to larly bad. this pension money for bonuses. Mr. give more power to Erdogan and to It always comes down to whose side Ward and his other workers and retir- whoever his successor is—if there is a you are on. Are you a judge who will ees use their pensions to pay for medi- successor to Erdogan, if he doesn’t stand on the side of workers or stand cine and food and heat. There is some- maintain power and keep it forever on the side of corporations? Will you thing wrong with this picture. It is bad from here on out. stand on the side of students—strug- enough that Wall Street squandered There was a mayoral election in gling students, moderate-income and workers’ money; it is worse that the Istanbul that Erdogan didn’t agree sometimes low-income students trying government, which is supposed to look with, and so he declared it null and to build better lives for themselves—or out for these folks, is ignoring the void and forced another election in on the side of failed sham schools? His promise to these workers. Istanbul, hoping to get the outlook he record is clear. I know there are Senators in both wanted, but the Turkish people actu- The stakes for Ohio are too high to parties working in good faith to fix ally voted even more so against give Steve Menashi a lifetime appoint- this, but this bankruptcy is a reminder Erdogan in the next election in ment on the Federal bench. that we are running short on time to Istanbul, putting in someone who di- f come up with the bipartisan solution rectly opposed Erdogan and his party. PENSIONS we need. President Erdogan recently impris- It comes back to the dignity of work. oned an American pastor who had Mr. BROWN. Mr. President, yester- When work has dignity, we honor the day we got another reminder of the ur- served more than 20 years in Turkey, retirement security that people earned. serving people of all faiths and all gency in the pension crisis facing more When work has dignity, we fight for than 1 million workers and retirees backgrounds in the beautiful city of those workers, we honor workers, and Izmir. He rounded up Andrew Brunson with the news that Dean Foods is filing we respect workers. for bankruptcy. The company is part of with tens of thousands of other people I urge my colleagues in this body, whom President Erdogan and his gov- the Central States Pension Fund. The let’s pass a solution that honors their bankruptcy puts the pension fund that ernment considered a threat, and most work, that honors the dignity of work, much closer to insolvency, that much of them they have been held without and that keeps our promise to the peo- closer to having to turn to the PBGC charges for years now. There are thou- ple who make this country work. for help, and that much closer to sands of people right now who are still I yield the floor. knocking down the dominoes that awaiting their day in court from the The PRESIDING OFFICER. The Sen- could bring down our whole multiem- 2016 coup. Not knowing if any of these ator from Oklahoma. ployer pension system and potentially folks were actually connected to the and even likely trigger a recession. We f coup, they rounded up teachers, jour- nalists, law enforcement individuals— have to act now for the sake of our PRESIDENT ERDOGAN economy, for the sake of thousands of just everyone they could round up that small businesses, and for the sake of a Mr. LANKFORD. Mr. President, the they had any suspicion of and impris- million Americans who are on the United States is always grateful to re- oned them and said: We will bring verge of facing massive cuts to the pen- ceive heads of State from around the charges to you later. Thousands are sions they earned. world. Heads of State from around the still waiting for ‘‘later.’’ This crisis affects thousands of Ohio- world come to the United States be- I happened to be in Turkey in Decem- ans. It affects the massive Central cause they know we are 25 percent of ber of 2016 to personally meet with the States Pension Plan, the United Work- the world’s economy. We are the most Ministry of Justice in Ankara to talk ers Pension Plan, the Ironworkers powerful military in the world. We are about Andrew Brunson, an American Local 17 Pension Plan, the Southwest the most moral Nation in the world in swept up in that time period who had Ohio carpenters, the bakers and confec- how we manage freedom of the press, nothing to do with the coup that hap- tioners, and many others. It touches freedom of speech, and freedom of op- pened in 2016. President Erdogan solely every State in this Nation. If the sys- portunity for all people within our had the ability to get him released but tem collapses, it won’t be just retirees country. When we see a problem in our held him for years with all kinds of who will feel the pain. Current workers country, we work to address that. wild accusations against an American will be stuck paying into pensions they So with that, we are welcoming an- missionary who had been there for dec- will never receive. Small businesses other head of State to the United ades. will be left drowning in pension liabil- States today, President Erdogan of Turkey continues to be able to focus ity they can’t afford to pay. That will Turkey. Turkey has been a long-stand- on the Kurdish Syrians just south of have ripple effects throughout the ing NATO ally. NATO was formed in their border. I have to tell you, there economy. If we do nothing, this can the late 1940s. Turkey and Greece were are a group of the Kurds whom I under- trigger a recession on par with the the first two countries that came into stand President Erdogan should be at- housing crisis. We know who gets hurt NATO after its formation in the 1940s. tentive to. There is a certain group the worst. It is the small businesses, Turkey has been a member of NATO called the PKK. The United States also workers, and the retirees who are since 1952. We have a very important considers that Kurdish group terrorists counting on these pensions to survive. military base based in Turkey, Incirlik and have for decades. That particular People in this town so often don’t un- Air Force Base. It is key in the war group of Kurds who are in Syria have derstand the collective bargaining against terror in that entire region. traveled into Turkey and carried out

VerDate Sep 11 2014 05:42 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.050 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6577 car bombs and have killed hundreds of side. Well, they are wrong. Years ago, never counter NATO just to spite you, people in terrorist attacks in Turkey. Congress passed the Countering Amer- and we would certainly stay aligned President Erdogan has every reason to ican Adversaries Through Sanctions with a friend who has been a friend for pay attention to that particular group Act, commonly known as CAATSA. It decades. of Kurds, and I understand his frustra- was a very clear message to anyone To the Turkish people, our beef is not tion that the United States partnered who buys Russian military equipment with you. Our frustration is with the with them to take out ISIS, but the that there are sanctions coming to regime that is currently directing your fact was, Turkey would not come your country, and it is clear. We have country away from its traditional al- across the border to help us take out applied those sanctions in the past, and lies. We continue to reach our hand out ISIS, and so we found partners who those sanctions need to be applied to to the Turkish people, and we continue would take on ISIS with us—and they Turkey now. to say to President Erdogan: This can did. In addition to that, Senator SHAHEEN be different in the days ahead, as it has Now Erdogan wants to push those and I have partnered together to pass a been in the past, but some things need folks back. His methods are quite bru- bill to block Turkey from taking any to change, and we are not the ones who tal in the process. When we went into of the F–35s—not trained in the equip- walked away. Afghanistan, we understood that all ment, not simulators, no F–35s can go I yield the floor. Afghan people were not our enemy— to Turkey. If they are interested in The PRESIDING OFFICER. The Sen- the Taliban was, al-Qaida was. That buying Russian air defense systems, ator from Oklahoma. was our enemy, and they found their they understand clearly what that f way among the populations. We were means because we have made it clear exceptionally careful when we went to the Turks for 2 years now: If you ADJOURNMENT UNTIL 10 A.M. into Afghanistan to protect the Afghan buy Russian equipment, you cannot TOMORROW people, yet find ways to take the bat- also have the F–35. President Erdogan Mr. LANKFORD. If there is no fur- tles to the Taliban and to al-Qaida. was aware of that. His administration ther business to come before the Sen- Erdogan’s methods were to come across was aware of that, and I hope President ate, I ask unanimous consent that it the border with tanks and heavy artil- Trump made it clear to him today, as stand adjourned under the previous lery and start shelling cities in Syria, clear as this Congress has made it order. knowing there were some PKK in those clear, on a bipartisan basis, that Tur- There being no objection, the Senate, villages, and so they just shelled them key cannot have the F–35 and also have at 6:40 p.m., adjourned until Thursday, all. Erdogan and some of his thugs also Russian military equipment at the November 14, 2019, at 10 a.m. came across with some of the other same time. That is incompatible. We groups who were working with the will continue to make that very clear f Turks. We also have footage of them in the days ahead in our legislation, NOMINATIONS taking prisoners and shooting them be- and I believe a vote will not even be side the road and leaving their bodies close to send a message to Turkey that Executive nomination received by there. These people had already surren- we are interested in maintaining our the Senate: dered. They were people who had al- friendship and our NATO ally, but our DEPARTMENT OF DEFENSE ready been handcuffed, and they exe- NATO ally needs to make a decision if ELAINE A. MCCUSKER, OF VIRGINIA, TO BE UNDER SEC- RETARY OF DEFENSE (COMPTROLLER), VICE DAVID L. cuted them beside the road. That is a they are a NATO ally or if they are a NORQUIST, RESIGNED. war crime that we should follow up Russian ally because those two are not f with, and I hope President Trump had congruent. a very frank conversation with Presi- I hope that was the conversation that CONFIRMATION dent Erdogan about following up on happened today. We will find out in the Executive nomination confirmed by war crimes. days ahead, but even if it was not, I the Senate November 13, 2019: Just to add to all of our difficulties hope President Erdogan and the Turk- right now with President Erdogan, in ish Embassy hears it clearly now. This DEPARTMENT OF HOMELAND SECURITY the past couple of years, he has shifted Congress would look forward to CHAD F. WOLF, OF VIRGINIA, TO BE UNDER SECRETARY FOR STRATEGY, POLICY, AND PLANS, DEPARTMENT OF his attention toward Russia and has partnering with Turkey again in the HOMELAND SECURITY. now completed a purchase of a Russian future, as we have for decades in the f air defense system. They are the very past. We have had an economic rela- first and only NATO country ever to tionship, a military relationship, and a WITHDRAWAL purchase Russian military equipment. genuine friendship with Turkey, but we Executive Message transmitted by That equipment is not interoperable do not know who Turkey is anymore. the President to the Senate on Novem- with the rest of NATO. This is Russian We don’t recognize the Turkey of today ber 13, 2019 withdrawing from further equipment that is specifically designed from Turkey 5 years ago. We would Senate consideration the following to take the fight to the F–35. Turkey never come to your country and beat nomination: believes it is going to purchase the F– up protesters in the street as President DOUG MANCHESTER, OF CALIFORNIA, TO BE AMBAS- 35 from the United States, and they Erdogan’s security thugs did last year SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF also believe they can purchase the S– in the United States. We would never THE UNITED STATES OF AMERICA TO THE COMMON- WEALTH OF THE BAHAMAS, WHICH WAS SENT TO THE 400 from Russia and have them side by do that to your country. We would SENATE ON JANUARY 16, 2019.

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