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

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

Vol. 163 WASHINGTON, MONDAY, SEPTEMBER 18, 2017 No. 150 Senate The Senate met at 3 p.m. and was U.S. SENATE, bureaucracy. That is important for called to order by the Honorable TODD PRESIDENT PRO TEMPORE, strengthening accountability. YOUNG, a Senator from the State of In- Washington, DC, September 18, 2017. We also have to prepare for the To the Senate: diana. Under the provisions of rule I, paragraph 3, threats of both today and tomorrow by of the Standing Rules of the Senate, I hereby promoting defense innovation, enhanc- f appoint the Honorable TODD YOUNG, a Sen- ing cyber security, and—especially ator from the State of Indiana, to perform when you consider all the recent bellig- PRAYER the duties of the Chair. erence from North Korea—strength- The Chaplain, Dr. Barry C. Black, of- ORRIN G. HATCH, ening missile defense. fered the following prayer: President pro tempore. For these reasons and many others, Let us pray. Mr. YOUNG thereupon assumed the like authorizing a well-deserved raise Holy and Gracious God, let Your Chair as Acting President pro tempore. for our servicemembers, it is impera- light shine out of darkness into our f tive that we join together today in hearts. RECOGNITION OF THE MAJORITY passing the defense authorization legis- Today, fill our lawmakers with the LEADER lation before us. knowledge of Your purposes, providing Mr. President, I thank the Armed The ACTING PRESIDENT pro tem- them with the insights to accomplish Services Committee for its good work pore. The majority leader is recog- Your will. Inspire them to humble on this year’s National Defense Au- nized. themselves under Your mighty hand so thorization Act. The members of that that You may exalt them in due time. f committee, from both parties, came to- Lord, keep them mindful of the great NATIONAL DEFENSE gether to support this year’s NDAA and responsibility You have placed upon AUTHORIZATION BILL send it to the Senate floor. It is yet an- other testament to the leadership of them, and may they trust Your power Mr. MCCONNELL. Mr President, our to do through them more than they can Nation faces many national security Senator MCCAIN, the committee’s top ask or imagine. Watch over and guard threats across the globe. Republican, and Senator REED, his them and their loved ones in their The threats and challenges posed by Democratic counterpart. going out and coming in. Iran, China, Russia, North Korea, ISIL, So thank you, Chairman MCCAIN, Lord, thank You for the loving care al-Qaeda, and its affiliates represent a thank you, Ranking Member REED, and and tender mercies that You provide us diverse range of conventional and thank you, everyone else, who worked each day. asymmetric capabilities that threaten so hard on this legislation. We pray in Your loving Name. Amen. our national security and that of our Now let’s pass it. allies. f f We also know that the challenges we face have been compounded by every- PLEDGE OF ALLEGIANCE CONFIRMATION OF RUSSELL thing from sequestration to the last COLEMAN The Presiding Officer led the Pledge administration’s self-defeating foreign of Allegiance, as follows: policy, with the Obama administra- Mr. MCCONNELL. Mr. President, on I pledge allegiance to the Flag of the tion’s focus on reducing the size of our an entirely different matter, last week, United States of America, and to the Repub- conventional force only adding to the the Senate confirmed a talented and lic for which it stands, one nation under God, burden of our forward-deployed units. experienced nominee with an impres- indivisible, with liberty and justice for all. We have to be smart if we are going sive career in law enforcement to be to address these challenges effectively the U.S. attorney for the Western Dis- f and do right by our men and women in trict of Kentucky. Russell Coleman is the right person for the job. APPOINTMENT OF ACTING uniform appropriately. We have to provide our After graduating from my alma PRESIDENT PRO TEMPORE servicemembers with the resources and mater, the University of Kentucky Col- The PRESIDING OFFICER. The training they need. That is obvious. lege of Law, Russell entered public clerk will please read a communication We have to continue the hard work of service. His wide-ranging experiences to the Senate from the President pro rebuilding our military and restoring at the Department of Justice, the Fed- tempore (Mr. HATCH). combat readiness. That is ongoing. eral Bureau of Investigation, the Sen- The legislative clerk read the fol- We have to modernize the Pentagon ate, and in private practice make him lowing letter: and root out waste within the military particularly qualified for this new role.

∑ 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 03:28 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.000 S18SEPT1 S5776 CONGRESSIONAL RECORD — SENATE September 18, 2017 As the chief Federal law enforcement A number of years ago, I began a se- The ACTING PRESIDENT pro tem- officer for the Western District of Ken- ries of lectures at Kentucky colleges pore. The Senator from Utah. tucky, Russell will use his skills to and universities focusing on the lives NOMINATION OF MAKAN DELRAHIM serve the people of Kentucky and the and legacies of prominent U.S. Sen- Mr. LEE. Mr. President, I rise to United States very well. Having served ators from the Commonwealth. Since speak in support of the nomination of as a special agent with the FBI, Russell the project’s inception, my staff has Makan Delrahim as the Assistant At- understands the particular challenges regularly looked to Nancy for help. She torney General for the Antitrust Divi- facing law enforcement. In that role, has been an indispensable resource for sion of the U.S. Department of Justice. he regularly collaborated with Federal, each historical speech in Kentucky Mr. Delrahim is someone I have State, and local law enforcement offi- that I have delivered. Her work in known for over 15 years. He is emi- cials on a vast array of issues, and he gathering sources and putting the in- nently qualified, and I have no doubt is well respected in the law enforce- formation in its proper context has that he will make an outstanding As- ment community. helped me to pay tribute to many dis- sistant Attorney General. For instance, Kentucky continues to tinguished Kentuckians. Therefore, it struggle with the opioid addiction epi- Mr. Delrahim has a long and distin- is fitting that she holds the highest guished career within the antitrust demic that is tearing families and com- honor that my State can bestow upon a munities apart. Russell stands ready to world. His service in this area includes civilian, that of a Kentucky colonel. service as senior staffer for the Senate collaborate with stakeholders and com- After her years of dedicated service, munity leaders to combat it. He has Judiciary Committee of the Antitrust Nancy deserves a relaxing retirement. Modernization Commission and pre- earned the support of the Kentucky Along with her husband, Stephen—an- Narcotics Officers’ Association, which viously at the U.S. Department of Jus- other stalwart member of the Senate tice. looks forward to his leadership on drug family who will be retiring from the enforcement issues. I could go on and on regarding Mr. Senate Historical Office—Nancy plans Delrahim’s accomplishments, regard- Russell also worked in my office as to spend time traveling and working in legal counsel, helping me serve the ing his character and his aptitude as a her garden. She will be sorely missed lawyer, generally, and as an antitrust people of Kentucky. With good humor here. and an unmatched determination, he lawyer, in particular. But instead of On behalf of the entire Senate fam- advocated for the issues that were im- taking my word for it, allow me to read ily, I congratulate Nancy and Stephen portant to my constituents. just a little bit of the wide-ranging The president of the Kentucky Fra- on their successful careers in pro- support Mr. Delrahim’s nomination has ternal Order of Police wrote to me in moting the history and the legacy of from both sides of the aisle. People support of Russell’s nomination: ‘‘Rus- this Chamber and those who have within the Senate and outside the Sen- sell was forever thoughtful, courteous, served in it. I wish them both happy re- ate on both sides of the aisle have been and a true friend to our membership.’’ tirements. supportive of this nomination. I suggest the absence of a quorum. Now Russell has the opportunity to A bipartisan group of former Assist- The ACTING PRESIDENT pro tem- serve once again. ant Attorneys General for the Anti- pore. The clerk will call the roll. I congratulate him and look forward trust Division at the Department of The legislative clerk proceeded to to his service to the Commonwealth Justice—including AAGs for Antitrust call the roll. and to the country. under President Obama, President Mr. LEE. Mr. President, I ask unani- f Clinton, and President Carter—sub- mous consent that the order for the mitted a letter expressing strong sup- TRIBUTE TO NANCY KERVIN quorum call be rescinded. port for Mr. Delrahim’s nomination. Mr. MCCONNELL. Mr. President, on The ACTING PRESIDENT pro tem- They explained that ‘‘Mr. Delrahim has one final matter, I would like to take a pore. Without objection, it is so or- the experience, intelligence, judgment, brief moment to recognize a talented dered. and leadership skills necessary to serve member of the Senate community who f as an excellent Assistant Attorney will be retiring this month after 20 General.’’ years of service to this body and to the RESERVATION OF LEADER TIME Similarly, a bipartisan group of Nation. The ACTING PRESIDENT pro tem- Nancy Kervin is a reference librarian former Commissioners of the Antitrust pore. Under the previous order, the Modernization Commission, a group of in the Senate Library, and for years, leadership time is reserved. whenever my office needed assistance well-respected, seasoned anti-trust offi- with a seemingly impossible research f cials, submitted a letter supporting Mr. question, she was always ready to lend CONCLUSION OF MORNING Delrahim’s nomination. The letter said a helping hand. I could not let her de- BUSINESS that Delrahim will ‘‘serve with high part without giving her the recognition distinction and be an outstanding As- The ACTING PRESIDENT pro tem- sistant Attorney General for anti- that she so richly deserves. pore. Morning business is closed. Nancy came to the Senate following trust.’’ The authors of this letter also a wide-ranging career in publishing and f ‘‘strongly urge[d] the Committee to in research, and through her work here, NATIONAL DEFENSE AUTHORIZA- look favorably upon his nomination, Nancy has made a lasting mark. TION ACT FOR FISCAL YEAR 2018 with the hope that the Senate can con- To members of my staff and to nu- firm him as soon as possible.’’ merous others around the Senate, The ACTING PRESIDENT pro tem- Because Mr. Delrahim is so well re- Nancy has been the first person to call pore. Under the previous order, the spected, his nomination is one that has when facing a difficult research ques- Senate will resume consideration of enjoyed broad bipartisan support, in- tion. Nancy’s signature combination of H.R. 2810, which the clerk will report. cluding broad bipartisan support with- intellectual rigor and unyielding perse- The legislative clerk read as follows: in the Senate Judiciary Committee, on verance has enabled her to skillfully A bill (H.R. 2810) to authorize appropria- which I serve. He was voted out of the complete countless research projects tions for fiscal year 2018 for military activi- committee by a vote of 19 to 1. That is ties of the Department of Defense, for mili- not all that common these days. Rank- on numerous subjects throughout her tary construction, and for defense activities time in the Senate, and, of course, she of the Department of Energy, to prescribe ing Member FEINSTEIN went out of her is widely known for her kindness and military personnel strengths for such fiscal way to explain that Mr. Delrahim ‘‘will her good humor. year, and for other purposes. fully and fairly enforce our antitrust My office has worked closely with Pending: laws.’’ Nancy on a number of different Despite this strong bipartisan sup- McCain/Reed modified amendment No. projects over the years, but there is 1003, in the nature of a substitute. port, Mr. Delrahim’s nomination has one project—a project of particular McConnell (for MCCAIN) amendment No. languished on the floor. In fact, the personal importance to me—that I 545 (to amendment No. 1003), of a perfecting wait to confirm Makan Delrahim is the would like to mention today. nature. longest for someone appointed to this

VerDate Sep 11 2014 04:47 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.002 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5777 position in 40 years. Not since the Car- call upon the Senate to confirm Makan and the students cared for them for 4 ter administration has a new adminis- Delrahim as Assistant Attorney Gen- nights. This is a great example of Flo- tration been forced to wait this long to eral for the Antitrust Division of the ridians helping Floridians, which we fill the vacancy at the Antitrust Divi- U.S. Department of Justice. have seen throughout. sion. President Carter’s wait was large- The ACTING PRESIDENT pro tem- This Senator has been all over the ly due to the fact that he took more pore. The Senator from Florida. State, much of it with my colleague, than twice as long to nominate an As- HURRICANE IRMA RECOVERY demonstrating that the two Senators, sistant Attorney General for the Anti- Mr. NELSON. Mr. President, I wish in a bipartisan way, actually get along trust Division than did President to speak about the Defense bill, but be- and were there to try to help the peo- Trump. fore I do, I want to give the Senate a ple. Apparently, some Democrats are still report. First, right after the storm in the so eager to resist that they are unwill- Senator RUBIO and I have been to- Florida Keys, we saw damage in Key ing to allow us to confirm a nominee gether quite a bit this past week, as West and Boca Chica. But that was the who many of them support. This is un- Florida has not only encountered a back side of the storm. The eye of the acceptable. Democrats understand that hurricane, but this was quite unusual storm had gone farther to the east, so antitrust is essential to ensuring that in that it basically affected almost all the damage was in the northeastern consumers receive the benefits of a of the State of Florida. quadrant since the most severe winds competitive economy: lower prices, Florida is a big State. If you went were in the Big Pine Key and the Mara- more innovation, and more choice. You from Key West to Pensacola, it is as far thon area. The military, the Coast see, when you have competition, good as going from Pensacola all the way to Guard, FEMA, and the engineers came things happen. When you have com- Chicago. That is how big our State is. in immediately after the storm. Florid- petition, it inevitably brings down With almost 21 million people, it is the ians helping Floridians. Americans prices, and it inevitably results in third largest State, with 75 percent of helping Americans. higher quality. that a population along the coast. Of Then Senator RUBIO and I went to In fact, last month some Democrats course, we know what happens when the Jacksonville area. Quite unusual reiterated the importance of a strong hurricanes start threatening those was that all the extra rainfall had antitrust enforcement to our economy, coasts. flowed into the St. Johns River Basin. and they did so by releasing their Bet- This was an unusual one because it The river had swollen, and all of that ter Deal plan. The Democrats’ plan de- was first going to hit the east coast of water was trying to get its normal out- scribes the effects that anticompetitive Florida. That was the track. The Na- let into the Atlantic Ocean at Jackson- mergers can have, such as harming tional Hurricane Center has gotten ville. But lo and behold, the winds cov- consumers, customers, and suppliers. quite good in their ability to project ering up the entire peninsula moving Senator KLOBUCHAR, along with sev- the path and the velocity of the winds. northward, now the eye over land be- eral Democratic colleagues, followed But once it took an unexpected turn, tween Tampa and Orlando and that up on this plan by proposing legislation hitting the north coast of Cuba as a northeastern quadrant of those winds to enact some of these policies into category 5, its velocity and forward coming from east going west—what did law. Although I don’t agree with all of motion were reduced, and it then took it do at Jacksonville? It pushed back their proposed solutions, I do agree a more westerly path, making landfall all of the water that needed to get out with my colleagues from across the in the Middle and Lower Keys of Flor- into the Atlantic. That, combined with aisle that antitrust enforcement should ida, where the winds were category 3, the incoming high tide—what you had be a priority. approaching category 4. Residents were was phenomenal flooding, an over- The best way to ensure that antitrust not even let back in to see their homes flowing of the banks of the St. Johns laws are being properly prioritized is to until Sunday morning. River in many places in the Upper St. make sure our antitrust agencies are As of now, although FEMA is present Johns, at considerable loss of property fully staffed and have leaders in in the Lower Keys—Key West—and in and considerable distress to the citi- place—leaders who have the requisite the Upper Keys—Key Largo—individual zens. A good part of downtown Jack- expertise and ability; leaders who have assistance and disaster teams were still sonville was flooded. broad bipartisan support from sitting trying to get into the areas that had The next day, Senator RUBIO and I Senators, practitioners, and former the biggest impact, the areas around ended up in a citrus grove in Lake agency leaders who know the position Big Pine Key and Marathon. It is a Wales, FL. Fifty percent of the fruit in and the exacting demands required by painfully slow process. FEMA is having this citrus grove was on the ground. the position; leaders who fit the de- to deal with the problems in Texas and Farther south, 75 percent of the citrus scription of Makan Delrahim. now the enormity of the storm affect- crop was on the ground. They can’t sal- Given his broad support, his impec- ing almost all of Florida. FEMA is vage that. That is a huge percentage of cable qualifications, and the impor- stretched. But FEMA is supposed to the loss. So it made Senator RUBIO and tance of this position, there is no good bring emergency assistance to people, me all the more determined that we reason to delay this confirmation— organizations, and local governments are going to try to pass an amendment quite to the contrary. This is a posi- in the aftermath of a natural disaster. to the Tax Code that would give the tion that is neither Republican nor That will be a work in progress as we citrus growers of Florida—not only be- Democratic. It is a position that is nei- go on. cause of this loss but also because of ther liberal nor conservative. This po- There are places where Senator every grove now infected by a bacteria sition is there to advance bipartisan RUBIO and I have gotten personally in- called citrus greening that will kill the issues that affect every American. And volved in asking FEMA to come in, tree in 5 years—that would give the Makan Delrahim in this position at a areas in Lee County and Collier Coun- citrus industry a chance to start over critical time in our Nation’s history, at ty. Areas where FEMA had not visited, by plowing under the grove of those a critical time for antitrust law—it is they now have come in—Lee County, diseased citrus trees and replanting especially important that we have him east of Fort Myers, and Lehigh Acres. new stock that has new promise to out- in place. The little farming community of last the bacteria—at least for a number Antitrust law is an area in which the Immokalee was exceptionally torn up. of years more than the 5 years that United States has excelled above and There is a great story there. The uni- will kill the tree—until we can find the beyond what its peer nations have been versity president opened up the field- cure, and we are working on that. But able to achieve. We developed this area house so that a lot of the poor people do that in the IRS Code by allowing of the law, and we did so with an eye in Immokalee had a place to go if they them to expense in the first year the toward protecting consumers and com- didn’t have another shelter. Indeed, plowing under and replanting in order petition itself rather than protecting they took in some 400 people. Elderly to save the citrus industry. individual competitors. We have to people in an apartment complex whose Senator RUBIO and I were in that lead, and the best way we can start is caregivers had left were picked up by grove and saw all of that lost crop. by confirming Makan Delrahim. So I the sheriff and taken to the university, That was going to be a promising crop

VerDate Sep 11 2014 03:28 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.003 S18SEPT1 S5778 CONGRESSIONAL RECORD — SENATE September 18, 2017 for the first time in 10 years of declines ine, a week after the storm had hit— about tornadoes causing damage to of the citrus crop because of the bac- the weekend before the Keys—all of military depots in Georgia? Or what teria. This was going to be a good year, that water was in there, setting in with about the severe heat canceling mili- but we saw half of that crop on the the heat and the humidity, the mold tary training and hail storms dam- ground in that grove, lost, gone. Citrus and the mildew. You can imagine the aging aircraft in Texas? What about crop insurance is not going to really mess, the cleanup. the coastal erosion, not only in Florida help them—only if it is a much greater All the while, FEMA has to worry but also threatening early-warning loss. about Texas, now Florida, and maybe radar in Alaska? What about the From there, the two of us went on to another hurricane that is going to wildfires causing ranges to be closed a poor part of Florida, east of Lake come up. It looks as though it is going and the flooding that we saw in not Okeechobee, called Belle Glade. A lot to turn out to sea but is still going to only Texas but also the flooding dam- of the residences were torn up by the have some of the wind effects along the aging military logistics rail in Lou- winds. northeast Atlantic Coast. isiana and affecting warehouses con- This was a hurricane whose winds af- Floridians helping Floridians—and taining hazardous materials in Vir- fected virtually all of the peninsula of then there was a great, great tragedy ginia? Florida and even reached over into the that occurred 4 days after the hurri- That is why, in this version of the panhandle as far as Tallahassee and cane. Why there is not a requirement Defense bill that we will pass today, even other parts west. that every nursing home or assisted there is a provision that this Senator In Belle Glade, we served a meal. living facility, an ALF, have a gener- had something to do with, which calls Charities had come together to bring ator not only for power, for lights, but for the Defense Department to conduct food to hungry people because they had have a generator capacity that will run a comprehensive assessment of the no power and they had no refrigera- air conditioning units—I think this is threats to the training and readiness of tion. It had been several days since the going to be the subject of great debate our Armed Forces and the military in- hurricane, and therefore they had no that I hope will change that require- frastructure caused by climate-related food. ment in the State of Florida because events. From there, we went to another very eight people died. Eight people died in It is critical that we recognize the poor part of Florida, Immokalee, FL, a nursing home right across the street threat so we will ensure that our forces which I described earlier, which had from a major hospital in Hollywood, and installations are resilient enough been torn up considerably. FL—eight frail elderly, from ages 70 to to withstand and quickly recover from Whether it was what I just described 99—eight needless deaths as a result. A all of these natural disasters that we or whether it was feeding poor people criminal investigation is underway. have been talking about. Not only in Apopka, FL, who at that point had All the phone calls that had been must we ensure that our military in- been without power for 5 days, and made that were not answered, both to frastructure is resilient, we must also they had no food because there was no the government as well as to the power ensure that it provides our warfighters refrigeration, or whether it was going company, as reported by the press, spe- with the space they need to train and down to Lehigh Acres, where the Flor- cifically a Miami television station— the technology they need to stay ahead ida National Guard had organized the we don’t know all the facts; they will of our adversaries. distribution of MREs, which are meals come out in the criminal investigation. I have opined on this subject over ready to eat, and gallons of fresh water But it is inexcusable that eight frail, and over in speeches to the Senate. I because so many of those homes out in elderly people would die from heat ex- have opined over and over about the Lehigh Acres, east of Fort Myers, were haustion by being left so that their Gulf Test and Training Range that the on water wells, and without electricity, condition deteriorated over the course Air Force needs to make huge invest- there were no pumps to give them of 3 or 4 days. ments in for the precise measurements water—there are so many things that What is wrong with a regulatory of all of our sophisticated weapons and we often take for granted. If power is scheme that does not have a backup our systems. taken away, you suffer not only be- generator that would kick in when, in I thank Chairman MCCAIN and Rank- cause of the 90 degree-plus heat and hu- fact, the hospital right across the ing Member REED for their good work midity but also because you can’t even street had one? What was the dis- on the bill. It begins to address some of get any water because you are on a connect there? Why did it take days the training and readiness shortfalls in water well. and days until 911 was called? We will our military. I look forward to con- It was a privilege to be there with find out in this great tragedy. tinuing to discuss this. the Florida National Guard, handing I can tell you, the Miami Herald had I yield the floor. out food, handing out water, and talk- done a series, over the last couple of RECOGNITION OF THE MINORITY LEADER ing to those local residents who are liv- years, of three investigative pieces, ing paycheck to paycheck—and now which pointed out that these ALFs and The ACTING PRESIDENT pro tem- they have no paycheck. Where is the these nursing homes had not been prop- pore. The Democratic leader is recog- FEMA assistant to help them? Because erly managed or regulated by the State nized. there is no power, they can’t go online of Florida. That is to be determined. THANKING THE SENIOR SENATOR FROM FLORIDA to apply for individual assistance. In Hurricane Irma is just another re- Mr. SCHUMER. Mr. President, let me fact, they can’t pick up the phone be- minder that we are going to confront once again thank my friend and col- cause of the intermittent cell service. huge natural occurrences and maybe, league from Florida. There is no one— Even if they could get a cell signal, just maybe, people will realize there is no one—who has defended his State they couldn’t get through to the FEMA something to the fact that the Earth is more diligently, more assiduously, number. That is why we wanted the getting hotter. Because of that, two- more effectively than the senior Sen- FEMA representatives to come in, and thirds of the Earth is covered by ator from the State of Florida. I know fortunately, just yesterday, they fi- oceans, with the oceans absorbing 90 there are close to 20 million people in nally did come in. percent of that heat. What happens to Florida who are grateful, as are all of It has been quite a couple of weeks— water when it is heated? It expands. us. first, anticipating the storm coming in Thus, the sea levels are rising. Thank you. and getting all of the emergency oper- Mr. President, as we turn to this De- Mr. President, we will vote today on ation centers ready. Fortunately, peo- fense bill, this is an issue of national the final passage of NDAA. I am ple obeyed the evacuation orders. It security. As Secretary of Defense pleased with the bipartisan manner in was estimated that out of the popu- Mattis has said, ‘‘Climate change is im- which the Senate has worked on this lation of almost 100,000 in the Keys, pacting stability in areas of the world important legislation. Senators there were only 10,000 left. That was a where our troops are operating today.’’ MCCAIN and REED managed the bill huge evacuation. Those folks did not Maybe we should pay attention to with great skill. I commend them for get in to find out what was left of their issues like those I have just described their bipartisan work on this impor- homes until yesterday. You can imag- in Florida or maybe in Texas. Or what tant legislation.

VerDate Sep 11 2014 04:47 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.004 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5779 HEALTHCARE premiums, hurting millions and mil- Already, some Republican Governors Mr. President, I am going to use the lions of average Americans. have spoken out against this legisla- rest of my time to address something That is the case with this new tion. Governor Kasich, Governor that is not so bipartisan. It is terribly TrumpCare. The Center on Budget and Baker, and 16 patient and provider partisan, and that is the issue of Policy Priorities took a look at the groups have come out against this healthcare. I hope the American people new TrumpCare and found that the TrumpCare, including the American listen closely. block grants in the bill would deprive Cancer Society and the American After a few months of lying dormant, States of hundreds of millions and Heart Association. The ratings agency TrumpCare is back, and it is meaner sometimes billions of dollars. I am Fitch says Graham-Cassidy would be than ever. TrumpCare now lives under going to mention a few States here. My even ‘‘more disruptive’’ than all the the name of Cassidy-Graham. Guess colleagues should know the effect of other ACA bills. The American people what. It is another bill that would the bill. They don’t. have rejected TrumpCare repeatedly. drastically cut back on healthcare CBO has told us—I will talk more Its numbers in the polls are below 20 funding for Americans who need it about this later—that they cannot give percent. Hardcore supporters of Donald most. us a full score but simply notes wheth- Trump do not want us to pass this bill. My colleagues, my fellow Americans, er it meets the budget reconciliation Virtually only one in five Americans this is a red-alert moment for the en- numbers. They say it will cut a billion wants us to pass this bill—hardly any- tire country. Our healthcare system dollars. That is all it will say. We will body—and we are going to go do it for not know how many citizens are hurt, again is threatened by a hastily con- a political scalp? No, we can’t. structed piece of legislation, put to- but the Center on Budget and Policy I know there are some on the other gether in a back room by only one Priorities, whose numbers are very re- side of the aisle who say they can work party—no CBO score, no committee liable, has done a calculation. I would it out so each State wouldn’t be hurt as ask my colleagues to pay attention. I process, not a single hearing. Everyone badly as under the current draft of the just picked out some States. There are is totally in the dark about the effects bill—these bad numbers—that they can more. Arizona would lose $1.6 billion in of this bill, yet there is an effort to tweak the formula for one State or an- Federal funding. Alaska would lose $255 rush it forward. other that would make the cuts less million in Federal funding. Maine This Frankenstein monster of a bill would lose $115 million in Federal fund- devastating. First, they are never that would harm so many Americans ing. West Virginia would lose $554 mil- going to come up with that kind of keeps coming back and back, and lion in Federal funding. Colorado would money. I heard one Governor was told somehow each time it has managed to lose $823 million in Federal funding. by a Senator: Don’t worry about the get worse. Ohio, the State most racked by the big cuts to your State. We will make it Here is what we know the new opioid epidemic, would lose over $2.5 up with disproportionate share pay- TrumpCare bill would do. It would roll billion in healthcare funding. Iowa ments—uncompensated care. It is im- back protections for Americans with would lose $525 million in Federal fund- possible. The amount of money in the preexisting conditions. It would allow ing. These are devastating numbers. DSH Program is so much less than the States to impose burdensome require- My colleagues, if you don’t believe the amount of these cuts that we couldn’t ments as a condition on Medicaid cov- accuracy of these numbers, then have even come close. That is what is being erage. It would defund Planned Parent- the courage and decency to wait for a thrown around here. There are lots of hood, stripping millions of women of CBO score. To pass this legislation be- different surmises: Maybe we will do their right to access affordable fore CBO measures out the effect on this, maybe we will do that. We are healthcare. Most crucially, the new your State would be legislative mal- playing with people’s lives. That is so TrumpCare would plunge a dagger deep practice of the highest order. These wrong. States will end up facing a into the heart of Medicaid, imme- numbers, we believe, are accurate. harsh cut—most of the States in the diately ending Medicaid expansion and They come from a group that has had Union—many States represented by my establishing a per capita cap on Med- years of expertise and accurately pre- colleagues on the other side of the aisle icaid spending. That jeopardizes cov- dicted healthcare effects. There will be who voted for the previous bills. erage for 11 million Americans and devastating cuts to so many in so We shouldn’t do it on substance, but puts at great risk the coverage and af- many States. we also shouldn’t do it on the basis of fordability of insurance for the 12 mil- If you don’t believe these numbers, regular order. To have such a major lion who buy insurance on the market- then show us what yours are. Wait for bill that affects so many people be places. CBO, an impartial arbiter, and see rushed at the last minute in the dark It would take the money used for what they have to say. The numbers of night—no discussion, no analysis, no Medicaid expansion and subsidies and are devastating. They represent mil- real knowledge of how it affects each of block-grant it to the States, imposing lions of Americans, especially middle- our States—is legislative malpractice a massive cut on funding that helps so income and low-income, who will re- of the highest order. many Americans well into the middle ceive poorer healthcare, face higher If the Founding Fathers were looking class. costs, or both. Whom do they rep- at this Chamber now and watching, The term ‘‘block grants’’ may sound resent? You are an American family—a they would be turning over in their harmless, but in practice they are any- nice, middle-class family making a graves. An America founded on debate thing but. Right now, our healthcare good income. You have a parent in a and discussion and sunlight is veering system reimburses States for the costs nursing home. It is likely to be paid for off all of that in a really nasty way. of what their citizens actually need by Medicaid. That parent is at risk if There is no regular order here. There and use. Block grants are a fixed this Graham-Cassidy bill passes. You are no bipartisan public hearings on amount of money given to each State, have a young son or daughter afflicted the Graham-Cassidy bill. The HELP forcing people who need healthcare to by opioids. The treatment they receive and Finance Committees are not debat- fight among each other as to who gets would often be at risk if this bill ing the legislation. It is the same back- those dollars. People with parents in passes. You give birth to a child with a room, one-party sham of a legislative nursing homes will fight with those on preexisting condition who desperately process that ultimately brought the opioid treatment, who will fight with needs help. We met so many of these previous bill down. A contrived, elev- those who have kids with preexisting families, every one of us. That child’s enth-hour hearing on block grants in conditions, who will fight with those life, in many cases, would be at risk if the Homeland Security Committee—a who simply need to go see a doctor. this bill passes. This is the poorest way committee that has very little jurisdic- They will all be pitted against one an- of legislating I have seen in all my tion over healthcare matters—does not other in a heartless scheme, a heartless years here. To try to rush this bill even come close to suggesting regular scheme that will hurt so many. through with no hearings, no CBO order. Block grants are a not-so-clever way score, no knowledge of how it actually In conclusion, I think many of us on of disguising a massive, massive cut to affects your constituents—how can we both sides of the aisle thought there healthcare—cutting back care, raising do that? was a ray of light in the last few

VerDate Sep 11 2014 03:28 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.006 S18SEPT1 S5780 CONGRESSIONAL RECORD — SENATE September 18, 2017 weeks. The partisanship that had gov- posal that would have destroyed the Association, the American Heart Asso- erned this place for the last 8 months Affordable Care Act and which would ciation, the American Lung Associa- seemed to be breaking. I had good have had a devastating impact on the tion, and the list goes on and on, and it meetings in the White House—hopes of entire American healthcare system. just started. working together. Senators ALEXANDER We all recall, at that point in time, It is important for us to remember and MURRAY began talking about how Senator MCCAIN gave a powerful and that these are not Republican groups. we move forward. I was joyful that impassioned speech on this floor about They are not Democratic groups. They maybe the partisanship could end and the importance of the Senate going have no partisan affiliation at all. we could work together. The majority through the regular order, about work- Their only interest is to protect pa- leader and I are getting along very ing in a transparent way, in a bipar- tients in this country, and we should well. This bill, if done this way and tisan way, to improve and strengthen have the same interest in protecting passed, would dash those hopes. our healthcare system—not another the health of our constituents. There is a way out. Senators ALEX- cynical, partisan effort to ram through It is not just the patient advocacy ANDER and MURRAY have had hearings. a piece of legislation that impacts hun- groups that are already strongly op- They have had discussions. They are dreds of millions of our fellow Ameri- posed to this. Those who provide negotiating at this moment. What they cans. For a time, it seemed we were healthcare in our system to our loved will come up with will have some making headway on that front. Sen- ones—to our parents, to our children— things I don’t like and some things ator LAMAR ALEXANDER and Senator are coming out strongly opposed to people on the other side of the aisle PATTY MURRAY and the HELP Com- this already. don’t like. That is the legislative proc- mittee are working together, holding Here is what the Children’s Hospital ess. It is not to rush a bill through in hearings, bringing people from all Association has to say about the Gra- the dark of night without even knowl- points of view in front of that com- ham-Cassidy provision: edge of how it affects people. CBO has mittee to testify about how we can im- Their legislation would slash funding for said they cannot measure how many prove and strengthen our current sys- Medicaid, the nation’s largest health care people would lose coverage and how tem. program for children, by one-third, reducing they would be affected until a few Now, instead of heading down that access and coverage for more than 30 million children in the program. Furthermore, the weeks because this is a block grant. It bipartisan path, we are seeing another legislation weakens important consumer takes a long time to weigh it. last-ditch effort to destroy the Afford- safeguards, and as a result, millions of chil- So after 2 weeks of thinking biparti- able Care Act and, in the process, dren in working families would no longer be sanship—that flickering candle might wreak incredible damage to our entire assured that their private insurance covers gain some new light—this is the last healthcare system. The latest incarna- the most basic of services without annual thing we need. Let’s not go back to the tion of TrumpCare is the Graham-Cas- and lifetime limits. . . . divisive, destructive healthcare process sidy legislation. Make no mistake, in And they go on. That is the Chil- that paralyzed the Senate for much of many ways, this is far worse than the dren’s Hospital Association. Those are this year. Let the leader and I encour- earlier proposals we have seen. the hospitals that every day are caring age our Members to talk to one an- It would end the Medicaid expansion for kids throughout this country, and other and come up with bipartisan so- program, which in my State of Mary- they are not alone in already opposing lutions—not just on this bill but on land actually has provided more afford- this legislation. bills to come. Let’s pursue the bipar- able care to more Marylanders than The American Academy of Family tisan path courageously used by Sen- the exchanges that were established Physicians, the American Academy of ators ALEXANDER and MURRAY. under the Affordable Care Act. It will Pediatrics, the American College of In conclusion, I would ask every dramatically cut the funds under the Physicians, the American Nurses Asso- American who hears these words, who Medicaid Program through a block ciation—in short, all of those organiza- longs for us to work together, to call grant proposal that gives very little, tions representing all those people out your Senators and Congressmen and let given the huge responsibilities that the there who are providing healthcare to them know. Tell them this bill is even State has. our fellow Americans, to our constitu- worse than the previous bills. Tell It will give a green light to States ents—are opposed to this bill. them it hurts average families dra- throughout the country to eliminate AARP, which, of course, represents matically. Tell them there is a better the really important patient protec- millions—in fact, tens of millions—of way. The same level of activism that tions, protections against discrimina- older Americans is strongly opposed to we saw on the previous bills must be tion based on preexisting conditions this bill because, once again, it opens garnered now or this will just slide like diabetes or asthma or whatever it the door toward age discrimination in through in the dark of night, with ef- may be, and it will give a blank check the amount of the premiums that are fects that are desperate, devastating, to those who want to eliminate the im- charged. Older Americans and elderly and unknown. Democrats in the Sen- portant essential benefit provisions Americans will see their premiums go ate, we have no choice. Our constitu- that provide important coverage guar- through the roof under this proposal, encies, our consciousness impels us. We antees for women’s health and so many and that is why AARP is also strongly will oppose the Graham-Cassidy bill in other important areas like mental opposed. every way we can, using every tool at health and substance abuse. So just when we thought we were at our disposal, and we ask the American Doctors in this country take a very a point where we were going to focus people to speak out, once again, and simple oath, the Hippocratic oath, on a bipartisan basis on improving our make their voices heard. The hour is which says: First, do no harm. healthcare system, which has a whole late, and the need is desperate. This piece of legislation—this latest lot of room for improvement, just when I yield the floor. incarnation of TrumpCare—will do dev- we began to see bipartisan hearings The PRESIDING OFFICER (Mrs. astating harm to our healthcare sys- and legislation possibly emerge from ERNST). The Senator from Maryland. tem, and you don’t have to take my the HELP Committee, we now see this Mr. VAN HOLLEN. Madam Presi- word for it. As more and more groups last-ditch effort on the floor of the dent, I first thank the Democratic learn about this piece of legislation— Senate to do what other bills had tried leader for his efforts to work and reach and they are just looking at the de- to do but in an even worse fashion. out to the Republican leader, Senator tails—they are beginning to phone into We are hearing already from Ameri- MCCONNELL, as we move forward to try our offices and to send us emails and cans—not with political hats on, not to take some sensible steps to improve texts. I can assure you that Members with Republican hats on or Democratic our healthcare system, not try to blow will see the same outpouring of opposi- hats on or Independent hats on, not up the entire healthcare system. tion to this bill that they saw to the with political hats on at all, just peo- Just last month, the overwhelming earlier ones. ple who care about the healthcare of majority of the American people sighed Already we have seen strong state- the people of this country—and they a great sigh of relief when this Senate ments of opposition from the American are resoundingly opposed to this. So voted down the earlier TrumpCare pro- Cancer Society, the American Diabetes let’s not try and ram something

VerDate Sep 11 2014 03:28 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.007 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5781 through here in the next 2 weeks to try garding the lack of floor debate and lance, reconnaissance, and targeting to meet an artificial clock that has substantive votes, and I hope the Sen- capability, also known as ISRT. been set by the rules of the Senate. ate can do better next year. I think In light of growing Chinese and Rus- There has been ample time to debate each Senator, the Americans we rep- sian maritime capabilities, this report this, and we have debated the earlier resent, and the troops who protect us would require the Navy, among other versions. Let’s not allow this final are right to expect better. Now, with things, to identify specific capability sneak attack on the American that said, I applaud Chairman MCCAIN gaps and specific areas of risk when it healthcare system to get through this and Ranking Member REED for working comes to ISRT, as well as offer solu- body. It would be a very sad day for the to include over 100 noncontroversial tions and resources that are needed to Senate. amendments in this bill. address those capability gaps and areas I yield the floor. I am proud of the fact that the De- of risk. The review will help to ensure The PRESIDING OFFICER. The Sen- fense bill we are going to vote on—and, that the United States retains the ator from Indiana. hopefully, pass—this evening includes naval supremacy necessary to keep Mr. YOUNG. Madam President, I rise three amendments important to Hoo- vital shipping lanes open, deter aggres- today to discuss the National Defense siers that I introduced and for which I sion, and defend our national security Authorization Act. I want to begin by worked with the committee to include. interests. thanking Senators MCCAIN and REED, I would like to quickly mention two of Now, lastly, I would like to highlight the chairman and ranking member of them and then spend a little more time amendment No. 821. I introduced it and the Senate Armed Services Committee. on the third. worked with the committee to include I commend their continued bipartisan The first provision is amendment No. this in the bill, and I want to thank leadership and collaboration on behalf 793. This provision would press the De- Senator DONNELLY for cosponsoring my of our servicemembers and our na- partment of Defense to implement amendment. tional security. Government Accountability Office rec- On January 27, the President issued a As someone who served in the U.S. ommendations or explain why they memorandum that emphasized the Marine Corps and also served on the aren’t doing so. need for a ‘‘modern, robust, flexible, re- House Armed Services Committee, I Now, let me explain why this is so silient, ready, and appropriately tai- understand the importance of important. Our Nation confronts chal- lored nuclear deterrent.’’ This memo- Congress’s fulfilling its constitutional lenges and threats of extraordinary randum reiterated the longstanding duties to our men and women in uni- scope. Yet the resources we have are and bipartisan consensus that deter- form. ring a nuclear attack on our country This legislation is important for our limited. That means we need to ensure that the Department of Defense is op- and on our allies depends on our ability country. It is also important to my to maintain a strong, nuclear deter- neighbors. That includes Hoosiers serv- erating as efficiently and as effectively as possible with the money the tax- rent. ing on Active Duty, in the Reserves, Our nuclear deterrent includes three payers provide. That is what our na- and in the Indiana National Guard, as legs, also referred to as the nuclear tional security demands and what U.S. well as their families. It also helps triad, consisting of submarine- taxpayers are right to expect. Hoosiers working at Naval Surface launched ballistic missiles, land-based So when a respected organization Warfare Center Crane, Crane Army intercontinental ballistic missiles, and such as the GAO, our Federal Govern- Ammunition Activity, and Defense Fi- long-range bomber aircraft. Now, each ment’s auditor, conducts independent nance and Accounting Service in Indi- of these legs offers an important and and rigorous analysis and identifies anapolis to perform their important complementary capability making key areas for improvement within work, which is essential to our service- clear to any potential aggressor that a members. DOD, Congress and the Pentagon nuclear attack on the United States Now, for the last 55 years, Congress should take it seriously. would be suicidal and, thereby, deter- Here is the problem. As of this morn- has passed the NDAA. Given the ring such an attack in the first place. ing, there were 1,008 open GAO rec- threats our country confronts, it is im- Perhaps that is why Secretary of De- ommendations, including 75 priority portant that we once again pass this fense Mattis, referring to the deter- legislation and provide our troops with recommendations that DOD alone has rence of potential aggressors, said just the training, weapons, and support failed to address fully. Now, some of last week: ‘‘If I wanted to send the they need to accomplish their missions these priority recommendations relate most compelling message, I have been and return home safely. But that is not to missile defense, ship maintenance, persuaded that the triad . . . is the enough. military readiness, servicemember right way to go.’’ Congress must pass Defense author- healthcare, and financial management, Now, the challenge is that, in just ization and appropriations bills before and some of these open recommenda- the next two decades, essentially all of the end of the fiscal year, stop the ha- tions go back to 2009 and even earlier. our Nation’s nuclear delivery systems bitual use of continuing resolutions for There may be a few of these rec- and all of our nuclear weapons will the Department of Defense, and end de- ommendations in which DOD has a per- need to be refurbished or replaced. fense sequestration once and for all. I suasive justification for not imple- According to a February 17 study by stand ready to work with Senators of menting GAO’s recommendation, but I the nonpartisan Congressional Budget both parties to achieve these objec- believe the burden of proof should be Office, that could cost a total of $400 tives. on DOD to either implement GAO’s billion over the next decade. That is an I am committed to doing my part, recommendations without delay or jus- enormous cost during a period when and that is why I voted to end debate tify to Congress why they believe the our Department of Defense has many on this legislation last week and why I recommendation should not be adopt- other modernization bills coming due. will support further advancing the bill ed. That is essentially what my provi- Consequently, we must identify oppor- today, despite the fact that we weren’t sion would do. tunities to minimize costs while not able to debate and vote on amendments I look forward to working with the sacrificing capability. here on the floor. leaders and staff of the Armed Services So consistent with that fact, on Jan- Today, I will only note that I have Committees to ensure that this impor- uary 31, Secretary Mattis issued a introduced a couple of bipartisan tant provision is included in the final memorandum calling for an ‘‘ambi- amendments related to Saudi Arabia’s legislation. tious reform agenda, which will include actions in Yemen. These are amend- I would also like to highlight a sec- a horizontal integration across DOD ment Nos. 585 and 1081. I believe this ond amendment, amendment No. 882, components to improve efficiency and issue deserves consideration by the full that I introduced and worked to in- take advantage of economies of scale.’’ Senate, and I look forward to speaking clude in the bill that we will soon vote Consistent with that memorandum at length on this issue again in coming to adopt. This provisions would require and the memorandum of the President, days. the Navy to conduct and provide to my amendment would require the Of- I share the frustration of Chairman Congress a comprehensive review of fice of the Secretary of Defense, work- MCCAIN and Ranking Member REED re- U.S. maritime intelligence, surveil- ing with our Navy and Air Force, to

VerDate Sep 11 2014 03:28 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.008 S18SEPT1 S5782 CONGRESSIONAL RECORD — SENATE September 18, 2017 submit a report to Congress on the po- Well, actually I take that back. They Did they not see what happened to tential to achieve more value; that is, didn’t say no. They couldn’t even bring the USS John McCain? Did they not see enhanced nuclear deterrence at a lower themselves to say no. They didn’t have what happened to the USS Fitzgerald? cost by integrating elements of acqui- the courage to say no. They did some- Did they not see all those caskets car- sition programs related to moderniza- thing much worse. They said nothing rying the dead bodies of America’s tion and sustainment of the nuclear because we are not even going to vote young coming home to families in triad. on the amendment I wanted to offer, grief? Do they not see them or do they If we can improve efficiency and pro- which would have repealed the seques- see them and just not care? gram management, cost, and schedule ter spending cuts for defense and non- What do they think when they hear by increasing integration, colocation, defense—defense and nondefense spend- respected men like Secretary Jim and commonality between the stra- ing. Mattis say: ‘‘No enemy in the field has tegic deterrent programs of the Navy Now, the Members of this body know done more to harm the readiness of our and the Air Force and their associated I am no fan of frivolous, pork-barrel military than sequestration’’? systems, technologies, and engineering spending. A lot of the projects that my What did they think when Secretary processes, then we should do so. Democratic colleagues sponsored could Mattis said, after 4 short years of re- Back home in Indiana, the skilled easily fall in that category, and we tirement, when he returned to the De- workers at Naval Surface Warfare Cen- should rein that sort of thing in at a partment of Defense, ‘‘I have been ter Crane have supported the Navy time when we are $20 trillion in debt, shocked by what I’ve seen about our Strategic Systems Program for more but I understand the only way we were readiness to fight’’? than 60 years. Crane is the largest DOD going to get something done about the Is it just background noise? Does it supplier to the Strategic Systems Pro- radical spending cuts to our military not register with Democratic Senators? gram. Crane provides the Navy’s only was to forge a bipartisan compromise. In fact, what must they think when organic high-reliability, radiation- After all, it is not like the sequester they have been saying the exact same hardening capability. Crane also serves spending cuts really did that much to thing for years? as a leader in trusted microelectronics. control spending. Did spending go down The junior Senator from Connecticut What is less well known is that Crane in 2011, 2012, 2013? Yes, it went from $3.6 said: ‘‘The so-called sequester is an- provides important support to the Air trillion to $3.5 trillion, to $3.4 trillion, other example of governing at its Force’s ICBM Ground Based Strategic but the sequester wasn’t even in effect worst.’’ Deterrent Program. More importantly, for those first 2 years. Spending went The junior Senator from New Jersey there is good reason to believe that down because Republicans won control said: ‘‘It is blunt, brutal, and blind.’’ Crane can dramatically increase its of the House in 2010. At the end of 2013, He gets bonus points for alliteration. level of support to the Air Force’s stra- however, Congress raised the budget The senior Senator from Virginia: tegic programs. caps and pushed off the sequester for ‘‘Sequestration is stupidity on That is the kind of joint collabora- those 2 years ahead. So, by 2015, Fed- steroids.’’ tion between the Air Force and the eral spending was back to $3.6 trillion, I could make that claim about a lot Navy my amendment envisions. By and it has been growing ever since. of things that have been said in this breaking down stovepipe barriers be- Time and time again, Congress has Chamber. tween our military services, by elimi- proven itself utterly incapable of stick- The senior Senator from Washington: nating unnecessary duplication, and by ing to the caps under the Budget Con- ‘‘We need to replace sequestration as looking for commonsense opportunities trol Act of 2011. quickly as possible’’; although, appar- for joint cooperation, we can keep our Instead of actually saving money, all ently, not if it requires a vote on the country safe and save money in the the sequester does is create an endless Cotton amendment. process. That is not only a win for series of crises for Congress to escape The junior Senator from Minnesota: Crane, it is a win for the Navy, it is a just in the nick of time. Take this ‘‘There are a lot of people suffering win for the Air Force, it is a win for year. We all know what is going to hap- needlessly because of the sequester.’’ taxpayers, and it is a win for the safety pen. We just passed a 3-month con- That is not a joke, even coming from and security of every American. tinuing resolution earlier this month. him. I guess all of these cries of an- That is why I look forward to work- We are going to reach a 2-year budget guish are falling on deaf ears. ing with the leadership and staff of the agreement in October or November The senior Senator from New Hamp- Armed Services Committee to include that doesn’t control spending. We are shire: ‘‘The blind cuts of sequestration this amendment in the final bill. going to have an omnibus in December, are not the right approach,’’ but by all I thank Chairman MCCAIN and Rank- written in secret in our leaders’ offices, means, let’s keep them in place rather ing Member REED for their work and and then we are going to have another than vote on the Cotton amendment. tireless leadership on the Senate omnibus spending bill, written in se- The senior Senator from Con- Armed Services Committee and for cret in our leaders’ offices, next De- necticut: ‘‘The safety and strength of your work to bring the National De- cember, and we will repeat that cycle our Nation also requires that Congress fense Authorization Act to this point. over again in 2019 and 2020. How do I eliminate the rightly maligned seques- Madam President, I yield the floor. know that? Because that is exactly tration straightjacket for all Federal The PRESIDING OFFICER. The Sen- what happened in 2013 and 2015. We will programs’’—maligned, yet not re- ator from Arkansas. never make the cuts the Budget Con- pealed. Mr. COTTON. Madam President, I trol Act called for. We will just pass My favorite is by the senior Senator want to clarify something about what giant budgets that nobody has read in from Rhode Island, the senior Demo- is going to happen this afternoon. the last minute in an attempt to avoid crat on the Armed Services Com- Whenever a Democratic Senator says the crisis of our own making. mittee: ‘‘Instead of dodging fiscal re- they are worried about the state of our My amendment was the last best sponsibility, Republicans need to help military, that they are horrified about chance in years to stop this bust-and- end sequestration and get back to a the kind of cuts we are making, and boom cycle of budgeting. But what did normal budget process.’’ they can’t sleep at night because of the Democrats do? They threw it away. Republicans gave you a perfect exam- what we are doing to our troops in the They took a perfectly good, bipartisan ple with which to do that, sir, and you field, don’t believe them. They don’t opportunity to repeal these automatic turned it down. mean it. They are not serious. It is all spending cuts, and they threw it away. That is what this amendment would for show because they had a perfect op- You have to ask yourself what goes have done, but now we will not have a portunity to stop all of these terrible through Senators’ heads when they single dime more for the military. We cuts—and not just for the troops, for make such a cynical political calculus. will not give a dime more to FEMA or their own State, for their constituents, Do they not understand the implica- to the National Weather Service or to even for their little parochial projects. tions of what they are doing? Do they NOAA or to NASA or what have you. What did they do? They turned it down. not see the appalling lack of readiness We will not give one penny more to all They said no. that is so apparent to everyone else? of those domestic priorities that the

VerDate Sep 11 2014 03:28 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.010 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5783 Democrats claim to care about. It Also, the senior Senator from Massa- complex and burdensome regulatory turns out that they must not care that chusetts could shake hands with all scheme, and make it less likely that much about them or maybe I am being 115,563 of the people in her State whose our military personnel will be able to too harsh. Maybe they do like them a jobs are directly tied to defending our access cutting-edge medicines in the lot. They like using them to gin up po- Nation. future, while doing nothing meaningful litical support because, when the time Every one of those Democrats who to address healthcare costs. The DOD came for them to actually put their sits on the Armed Services Committee relies on its partnerships with industry money where their mouths were, they and has claimed to want to stop these to develop vaccines, drugs, and walked away. automatic spending cuts can go home diagnostics that target unique threats The Democrats will tell you that and tell the men and women in uniform faced by our warfighters during oper- they oppose this amendment because it in his State that he had a chance to ations in theater. As such, the bio- will not repeal the automatic sequester vote on it and that he was too cowardly pharmaceutical industry plays a crit- of mandatory spending. Don’t give me to even put his name on the rolls. ical role in enhancing our military and that. That is nonsense. That is pure He can look at all of these Americans civilian defenses against biological, pretext. The automatic sequester con- in the eye and say: Sorry, just poli- chemical, radiological, and nuclear sists of a small, almost trivial number tics—hope you understand. threats. of cuts, and it would not have affected That is all this is. It is politics of the Federal agencies, such as the DOD, one penny—not one penny—of Social lowest kind. In maneuvering, pos- already face significant challenges in Security or Medicare or veterans’ bene- turing, and posing, they are caving to attracting top drug and vaccine devel- fits. the demands of the Democratic leader opers as partners to develop lifesaving Here is what is most important. simply because he wants more leverage medical countermeasures necessary to Every single Democratic Senator has for more pork-barrel spending when we protect the warfighter. These chal- voted to extend that mandatory se- had a budget deal that was negotiated lenges include low procurement quan- quester into the foreseeable future. So, in secret in December. He twisted their tities, high regulatory risk, complex far from thinking it is a problem, they arms, and they screamed like little Federal contracting regulations, and have voted to extend its life. inconsistency in funding, among oth- kids. They are putting politics ahead of Hey, how about I strike a new deal? ers. The added risk of diluting or com- our troops. They are holding our troops Here is my offer. I will support your promising intellectual property protec- hostage to politics solely because their hiding behind procedural niceties, hid- tions as a means of price control will ing in your cloakroom, and not voting leader wants them to. If they were not, they would allow a not only fail to meet its objective, but on my amendment, if you will agree to will serve as an additional deterrent to vote on this amendment. They would do one thing—to go home, in person, to private sector development of critical vote aye. They would vote aye eagerly, your military bases that are in your medical capabilities offered by DOD. home States and explain to the men and they would vote aye enthusiasti- Furthermore, companies who partner and women of our Armed Forces, face- cally, but they cannot even do that. with the Federal Government rely to-face, why you could not bring your- They cannot even put their names heavily on the strength and scope of selves not just to repeal these spending down as a yes or a no on something their intellectual property to generate cuts but not even to be tough enough that they have all said that they have investment to take their technologies to take a vote one way or the other. supported for years. to commercialization. The report lan- The Democratic leader can go to New They just hide behind procedure. guage invokes the Bayh-Dole Act, the York and tell the men and women of They hide in their cloakroom. They purpose of which is to encourage the the 10th Mountain Division at Fort hide from the voters. They hide in the prompt commercialization of federally Drum. back corridors and hallways of this funded patents. Prior to Bayh-Dole, The Democratic whip can go to the building. They hide to save their own collaborations between private indus- Naval Station Great Lakes. skin. They hide because they are try and public entities were rare. The The senior Senator from Rhode Is- ashamed, and they sure as hell should act has fostered a delicate balance of land—the senior Democrat on the be ashamed. collaborations between Federal agen- Armed Services Committee—can go to Mr. INHOFE. Madam President, as cies, public research institutions, and the Naval War College. chairman of the Senate Armed Serv- private industry that have resulted in The senior Senator from Missouri ices Subcommittee on Readiness, I the commercialization of inventions can go to the 131st Bomb Wing. would like to make a statement for the for use by all Americans, especially in The junior Senator from New York record regarding an item of special in- the area of medical countermeasures can go to the soldiers at Fort Drum as terest inserted into the committee re- for our servicemen and women. well. port on the National Defense Author- In the drug development context, The senior Senator from New Hamp- ization Act for Fiscal Year 2018 related Federal funding under the Bayh-Dole shire can go to the Portsmouth Naval to the Department of Defense’s use of Act has facilitated the discovery of 153 Shipyard. its intellectual property rights of cer- marketed drugs and vaccines over the The junior Senator from Hawaii can tain medical products. go to the dozen different military bases last 30 years. The act included the cre- The committee report includes lan- ation of so-called march-in rights to in Hawaii, while the senior Senator guage that purports to direct the De- from Florida can go to 20 different allow agencies to compel additional li- partment of Defense to exercise its censing if good-faith efforts toward de- military installations in his State. rights under the Bayh-Dole Act ‘‘to au- The senior Senator from Connecticut velopment are not being made. Agen- thorize third parties to use inventions can go to the Groton submarine base. cies can also march-in if a licensee can- The senior Senator from Indiana can that benefited from DOD funding when- not produce enough products to meet a go to AM General in South Bend, ever the price of a drug, vaccine, or national emergency. It is these provi- whose manufacturing he always touts other medical technology is higher in sions to which the report language re- for political purposes. the United States’’ as compared to fers and I believe inappropriately ex- The junior Senator from Virginia can prices in foreign countries. I am con- pands the statute’s reach to include go to Norfolk or the Pentagon or Fort cerned that the report language is in- Federal price controls and increases Myer or to any one of the numerous consistent with the original intent of the scope of the government’s author- bases in Virginia. Bayh-Dole and could hinder critical ity. The junior Senator from Maine can medical developments. Nothing in the Bayh-Dole Act, go to Bath Iron Works. Americans, including our men and whether in march-in rights or other- The junior Senator from New Mexico women in uniform, must have access to wise, provides a Federal agency the au- can go to the Kirtland and Cannon Air affordable healthcare, including pre- thority to influence the price of a com- Force Bases. scription drugs and medical tech- mercialized invention. Regulating the The junior Senator from Michigan nologies. However, I fear the com- price of commercialized intellectual can go to General Dynamics, outside mittee report directive in question will property was never intended by Con- Detroit. slow future innovation, lead to a more gress when passing the Bayh-Dole Act,

VerDate Sep 11 2014 03:28 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.011 S18SEPT1 S5784 CONGRESSIONAL RECORD — SENATE September 18, 2017 as evident by the Senate and House re- us to reign in Federal spending to re- that this is not like buying a new car ports. Congress contemplated the use duce the deficit, we cannot continue to or a big screen TV. The Republican po- of march-in rights only ‘‘when the in- treat OCO funds as privileged dollars— sition shows no heart, no care, and no vention is not being used.’’ Further, outside the scope of our budget caps— compassion. It is the exact opposite of Senators Bayh and Dole have subse- as a means to pay for what should be what so many of you showed me when quently explained that the absence of base spending. I was diagnosed with kidney cancer. any reference to reasonable pricing in Further, we cannot unilaterally Although we successfully defeated the statute was intentional. As Sen- boost Defense spending without simi- TrumpCare in July, we face fresh as- ator Bayh—the author of and driving larly addressing other budgets that saults to deny every American’s right force behind the Bayh-Dole Act—has contribute to our national security. to healthcare, but it does not have to said: Any attempt to use the Bayh- Earlier this year, in a hearing before be this way. In July, so many of us Dole Act to support price controls is a the Senate Appropriations Defense were moved by Senator JOHN MCCAIN’s ‘‘flagrant misrepresent[ation]’’ of Subcommittee, Secretary Mattis clear- impassioned plea for the Senate to re- Congress’s purpose in enacting the ly asserted that ‘‘history is pretty turn to regular order in order to debate statute. Consistent with this position, clear, nations that did not keep their how to strengthen our healthcare sys- a Federal agency has never invoked the fiscal house in order and their econo- tem on a bipartisan basis. Since then, Bayh-Dole Act to interfere with the mies strong lost their military power.’’ Senators LAMAR ALEXANDER and PATTY price of a commercialized invention. I We cannot simply raise spending for MURRAY have worked to build con- am aware of petitions to both the NIH the Department of Defense without in- sensus for a bill that would strengthen and the DOD requesting march-in vesting in programs that advance our insurance markets and reduce out-of- rights be exercised on the basis of pric- diplomatic missions overseas and pocket costs for consumers. They have ing, and in all of those cases, the peti- strengthen our domestic security done this the right way—through com- tions were rejected in accordance with through economic development, infra- mittee hearings, bipartisan meetings, the law. structure improvements, environ- and careful deliberation. The committee report language seeks mental protections, and that meet the Instead of embracing and endorsing to authorize something that the stat- core needs of all Americans. Inflating this effort, the President and the ma- ute itself does not. I believe the item of our Defense spending at the cost of all jority leader have now chosen to dou- special interest does not accurately re- other programs makes us neither ble down on their obsession with de- flect the current intent of Congress stronger nor more secure. priving healthcare to millions of people with respect to the Bayh-Dole Act, and I do want to thank Senator MCCAIN across the country through the Gra- I encourage the DOD to continue to and Senator REED for including, ham-Cassidy bill. Let me be clear. This rely on the existing interpretation of through managers’ packages, more bill is not a compromise. It is not a Bayh-Dole law when addressing these than 100 amendments from both Repub- new and better idea for delivering matters. licans and Democrats, including some healthcare in this country. It is just a Mr. LEAHY. Madam President, I that I filed. This kind of collaborative new version of TrumpCare and, I might want to thank Senator MCCAIN and process is what has, in the past, yielded say, an even worse proposal than the Senator REED for their leadership in results in the Senate. I regret that the one we defeated in July. producing the National Defense Au- amendment process was not more ex- The details matter. This version of thorization Act for fiscal year 2018. tensive, but hyperpartisan amend- TrumpCare eliminates the Affordable Both veterans, they have a particular ments that seek to upset the discus- Care Act’s Medicaid expansion, and understanding of the sacrifices that sions of how to responsibly fund our that threatens the coverage for more members of our Armed Services make government are not the way to reach than 110,000 Hawaii residents who are every day. consensus for further votes. now receiving such coverage. There are Every year, this authorization bill is Make no mistake: This authorization millions all across the country who drafted to reflect our commitment to bill invests in our men and women in now get healthcare coverage thanks to the men and women serving in uni- uniform and their families, and it sup- Medicaid expansion in their States. form, to authorize resources needed to ports competition to keep our Defense This bill establishes a healthcare maintain our national security, and to industry healthy, as it should. I hope block grant, including a per capita cap demonstrate the values and principles the reasons for my objection to its pas- on Medicaid spending that would se- on which our country was founded. sage at this point in the process will be verely limit Federal funding for While I believe this bill reflects many resolved as we move to conference this healthcare—funds that States rely sound defense policies, I regrettably bill with the House. I believe that, upon. Republicans, including the co- cannot support its passage. through an agreement to address the sponsors of this bill, argue that this ap- Yet again, this Defense authorization current budget caps, those objections proach would provide more local con- bill continues to include the shameful can be resolved. trol over healthcare. This, however, is and counterproductive measures that Mr. COTTON. I yield the floor. what we in Hawaii call ‘‘shibai’’—or block us from ending the terrorist re- I suggest the absence of a quorum. BS. Local control through a block cruitment tool that is the Guantanamo The PRESIDING OFFICER. The grant is just an excuse that Conserv- Bay detention mission, but the core clerk will call the roll. atives and Republicans use as a pretext reason for my opposition to this bill is The senior assistant legislative clerk to make deep cuts to programs that the reckless price tag its implementa- proceeded to call the roll. Americans depend upon. You see them tion carries. This bill authorizes $700 Ms. HIRONO. Madam President, I ask resorting to block-granting every- billion in Defense spending, far above unanimous consent that the order for where—from education to healthcare. the caps currently established by the the quorum call be rescinded. A new study from the Center on Budget Control Act and far more than The PRESIDING OFFICER. Without Budget and Policy Priorities reveals the increase requested by the President objection, it is so ordered. the cost of this latest version of in his budget proposal. If we met this HEALTHCARE TrumpCare firsthand. Under the pro- authorization with real dollars, seques- Ms. HIRONO. Madam President, 2 posal, Hawaii would lose $659 million in tration would take effect for Defense months ago, millions of Americans rose Federal funding for Medicaid over 10 spending. Secretary Mattis has testi- up and defeated TrumpCare. In doing years—part of some $80 billion in cuts fied about the perils of sequestration. so, we reaffirmed that, in the wealthi- across the country. This is a lot of His message was clear: We must raise est nation on Earth, healthcare is a money for Hawaii to lose—money that the budget caps. right and not a privilege that is re- is being put to great use across our What is more, this authorization re- served only for those who can afford it. State. lies on the same tired gimmick we The President and the Republican Last month, I visited the Bay Clinic have seen for years and includes $60 bil- Party believe the opposite. To them, in Hilo, on the Big Island, where the lion in overseas contingency operations healthcare is just another commodity Medicaid expansion under the ACA has funding. For fiscal hawks who call for to be bought and sold, but we all know improved health outcomes in poor

VerDate Sep 11 2014 06:32 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.010 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5785 rural communities across that island. When I was diagnosed with kidney The PRESIDING OFFICER. By unan- Bay Clinic is the primary healthcare cancer, I had insurance. Instead of wor- imous consent, the mandatory quorum provider to 6 of the 10 poorest ZIP rying about how to pay for my treat- call has been waived. Codes in the entire State of Hawaii, ment, I could focus on fighting my ill- The question is, Is it the sense of the where many residents went years with- ness. No one facing cancer, heart dis- Senate that debate on H.R. 2810, an act out having health coverage. Thanks to ease, diabetes, or any other chronic or to authorize appropriations for fiscal the Affordable Care Act, the Bay Clinic life-threatening medical condition—or, year 2018 for military activities of the has successfully enrolled thousands I should say, any kind of circumstance Department of Defense, for military more people in Medicaid and decreased in which one needs to have access to a construction, and for defense activities the number of uninsured patients who healthcare provider—should have to of the Department of Energy, to pre- have gone through their doors. It is as- worry about whether one can afford the scribe military personnel strengths for tounding what the numbers show. care that might, one day, save one’s such fiscal year, and for other pur- The number of patients who have life—not in the richest country in the poses, as amended, shall be brought to gone through their doors has been cut world, not where healthcare should be a close? from 29 percent in 2010 to only 10 per- a right and not a privilege. The yeas and nays are mandatory cent in 2015. That is how many more I yield the floor. under the rule. people on the island of Hawaii are able I suggest the absence of a quorum. The clerk will call the roll. to get healthcare coverage. Over that The PRESIDING OFFICER. The The legislative clerk called the roll. same time period, the Bay Clinic has clerk will call the roll. Mr. CORNYN. The following Senators seen an almost 20-percent increase in The senior assistant legislative clerk are necessarily absent: the Senator the number of patients it has served proceeded to call the roll. from South Carolina (Mr. GRAHAM) and every year. Mrs. ERNST. Mr. President, I ask the Senator from Florida (Mr. RUBIO). In the years following the passage of unanimous consent that the order for Further, if present and voting, the the ACA, the Bay Clinic and commu- the quorum call be rescinded. Senator from Florida (Mr. RUBIO) nity health centers all across Hawaii The PRESIDING OFFICER (Mr. would have voted ‘‘yea.’’ have hired more doctors and nurses, MORAN). Without objection, it is so or- Mr. DURBIN. I announce that the and they have expanded the types of dered. Senator from New Jersey (Mr. MENEN- services that they provide. The Bay Mrs. ERNST. Mr. President, I ask DEZ) is necessarily absent. Clinic, for example, has expanded its unanimous consent that there be up to The PRESIDING OFFICER. Are there Mobile Health Unit, by which doctors 20 minutes of debate, equally divided, any other Senators in the Chamber de- siring to vote? go to rural communities, such as in under the control of Senators MCCAIN The result was announced—yeas 90, Keaau, where residents would other- and REED, following the first vote this nays 7, as follows: wise not have access to primary care evening. providers. The PRESIDING OFFICER. Without [Rollcall Vote No. 198 Leg.] This program and others like it in objection, it is so ordered. YEAS—90 Hawaii and across the country face an Mrs. ERNST. Mr. President, I suggest Alexander Feinstein Murphy imminent threat from this newest the absence of a quorum. Baldwin Fischer Murray Barrasso Flake Nelson version of TrumpCare. Unfortunately, The PRESIDING OFFICER. The Bennet Franken Perdue this bill’s devastating cuts to Medicaid clerk will call the roll. Blumenthal Gardner Peters are only part of what makes it so mean The senior assistant legislative clerk Blunt Grassley Portman Booker Harris Reed and so dangerous. proceeded to call the roll. Boozman Hassan Risch It eliminates all premium subsidies Mr. MCCAIN. Mr. President, I ask Brown Hatch Roberts that allow lower income Americans to unanimous consent that the order for Burr Heinrich Rounds afford coverage, and it eliminates cost- the quorum call be rescinded. Cantwell Heitkamp Sasse Capito Heller Schatz sharing subsidies that reduce out-of- The PRESIDING OFFICER. Without Cardin Hirono Schumer pocket expenses for consumers. These objection, it is so ordered. Carper Hoeven Scott are the very issues relating to the Af- AMENDMENT NO. 545 WITHDRAWN Casey Inhofe Shaheen fordable Care Act that Chairman Cassidy Isakson Shelby The PRESIDING OFFICER. Under Cochran Johnson Stabenow LAMAR ALEXANDER and Ranking Mem- the previous order, amendment No. 545 Collins Kaine Strange ber PATTY MURRAY are addressing is withdrawn. Coons Kennedy Sullivan through regular order—how to provide Corker King Tester AMENDMENT NO. 1003, AS MODIFIED Cornyn Klobuchar Thune healthcare for more people in our coun- The PRESIDING OFFICER. Under Cortez Masto Lankford Tillis try. the previous order, amendment No. Cotton Leahy Toomey Crapo Manchin Udall The Graham-Cassidy bill creates a 1003, as modified, is agreed to. process by which States can receive Cruz Markey Van Hollen Daines McCain Warner waivers to roll back essential health CLOTURE MOTION The PRESIDING OFFICER. Pursuant Donnelly McCaskill Warren benefits and eliminate important con- Duckworth McConnell Whitehouse sumer protections, like guaranteed to rule XXII, the Chair lays before the Enzi Moran Wicker coverage for millions of Americans who Senate the pending cloture motion, Ernst Murkowski Young are living with preexisting conditions— which the clerk will state. NAYS—7 people like me. The legislative clerk read as follows: Durbin Merkley Wyden I have said many times on the floor CLOTURE MOTION Gillibrand Paul of the Senate that we are all only one We, the undersigned Senators, in accord- Lee Sanders diagnosis away from a major illness. ance with the provisions of rule XXII of the NOT VOTING—3 Every day, 6,540 people are diagnosed Standing Rules of the Senate, do hereby Graham Menendez Rubio with cancer in our country. There are move to bring to a close debate on Calendar No. 175, H.R. 2810, an act to authorize appro- The PRESIDING OFFICER. On this 4,109 who are diagnosed with diabetes. priations for fiscal year 2018 for military ac- vote, the yeas are 90, the nays are 7. There are 1,309 who are diagnosed with tivities of the Department of Defense, for Three-fifths of the Senators duly cho- Alzheimer’s disease every day in this military construction, and for defense activi- sen and sworn having voted in the af- country. We are all one diagnosis away ties of the Department of Energy, to pre- firmative, the motion is agreed to. from a major illness. These are people scribe military personnel strengths for such Under the previous order, there will like me—many of them—going about fiscal year, and for other purposes. now be 20 minutes of debate, equally their business when, wham, suddenly, John McCain, Mitch McConnell, John divided, between the Senator from Ari- you get a devastating diagnosis. Not Thune, Thom Tillis, Pat Roberts, Mike Crapo, Richard Burr, Michael B. Enzi, zona, Mr. MCCAIN, and the Senator all of these people will have health in- Orrin G. Hatch, Ted Cruz, John Cornyn, from Rhode Island, Mr. REED. surance, and under this version of Dan Sullivan, Roy Blunt, Cory Gard- The Senator from Rhode Island. TrumpCare, even more of them will not ner, Tim Scott, Shelley Moore Capito, Mr. REED. Thank you, Mr. Presi- have access to it. David Perdue. dent. As we approach the final vote on

VerDate Sep 11 2014 04:24 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.012 S18SEPT1 S5786 CONGRESSIONAL RECORD — SENATE September 18, 2017 the fiscal year 2018 national defense au- partisan approach were invaluable in latest version of TrumpCare. This is thorization bill, I would like to make a achieving a bill that reflects the prior- not the right process. It is not rep- few closing comments. ities of many Members on both sides of resentative of the legislative process. When we began considering this bill the aisle. I would urge my colleagues to reject last week, Senator MCCAIN and I were Additionally, I would like to thank this approach and, rather, follow the interested in returning to regular order the committee staff who worked tire- example I think we have tried to set in and having debate and votes on any lessly over many weeks to make this NDAA—a bipartisan, regular process, amendment that needed a vote. We ac- bill a reality. I thank the majority in which amendments are offered by tually started off very well. staff director, Chris Brose, and his staff both sides, in which debate is under- While I disagreed with Senator for their hard work and commitment taken, in which we come to a conclu- PAUL’s amendment to sunset the cur- to a bipartisan process. I would also sion based on 60 votes and move for- rent authorization for the use of mili- like to thank my staff for their exper- ward to improve the country, particu- tary force, I am pleased we were able to tise and dedication to creating the best larly to protect the men and women in follow regular order on his amendment bill possible—Jody Bennett, Carolyn the armed services. and have a debate. It is my hope that Chuhta, Jon Clark, Jonathan Epstein, With that, I yield the floor. we can use this as a step to restore reg- Jorie Feldman, Jon Green, Creighton The PRESIDING OFFICER (Mr. ular order going forward and work to- Greene, Ozge Guzelsu, Gary Leeling, LANKFORD). The Senator from Arizona. gether, along with Senator PAUL, in Kirk McConnell, Maggie McNamara, Mr. MCCONNELL. Mr. President, drafting a new AUMF that more pre- Bill Monahan, Mike Noblet, John today the Senate will vote on final pas- cisely addresses the threats we face Quirk, Arun Seraphin, and Elizabeth sage of the National Defense Author- and resolves the issue, which is very King. Finally, I would like to thank ization Act for Fiscal Year 2018. This is critical, that Senator PAUL has raised; the floor staff, without whom none of the culmination of months of bipar- that is, updating the AUMF. this could be accomplished. tisan work, and it is a product in which After the Paul amendment, however, I must say, having completed a truly all Senators and all Americans can we were unable to come to an agree- bipartisan process using regular order, take great pride. I want to thank, once ment on further votes. As a result, sev- I am disappointed to hear that my col- again, my friend and colleague the Sen- eral issues that are important to both leagues on the other side of the aisle ator from Rhode Island. His partner- sides were not fully considered. On the would like to bring back the partisan ship on this legislation has been in- Democratic side, Senators BALDWIN, efforts to repeal the Affordable Care valuable. STABENOW, and DONNELLY had very im- Act and its protections for people with The fundamental purpose of this leg- portant amendments that would have preexisting conditions and decimate islation, which has united Senators ensured important protection for Medicare as we know it. from both sides of the aisle, is to pro- American workers and that our serv- We have already spent so much time vide our Armed Forces what they need icemembers receive high-quality, do- this year having this fight—time we to do the jobs we ask of them. We, in mestically produced equipment. could have spent working on a bipar- this body, have no higher duty than to In addition, Senator DURBIN had an tisan basis to improve our health care do everything we can to support our important amendment that supports system and lower costs. We voted deci- fellow Americans who serve and sac- the world-class medical research DOD sively in July to reject the partisan rifice every day to keep us safe. conducts and has a profound impact on bill. With these votes, Senators on both This legislation does that. It keeps the health of our servicemembers and sides of the aisle decided we would re- faith with our men and women in uni- citizens alike. Senator WARREN would turn to regular order and work toward form. It supports a national defense have liked a discussion on the INF bipartisan health care solutions that budget of $700 billion for fiscal year Treaty, and Senator GILLIBRAND was could get at least 60 votes in this body. 2018, which exceeds the administra- interested in a full debate on protec- As I have highlighted, this kind of bi- tion’s request by $37 billion and the de- tions for military personnel who are partisan approach is why we have been fense spending caps in the Budget Con- transgender. successful in bringing the NDAA to the trol Act by $91 billion. The decision of As I indicated, I also know there are floor each year, and Senators ALEX- the Committee on Armed Services to Members on the other side of the aisle ANDER and MURRAY have been doing authorize these additional resources who also had important issues they just that with respect to the HELP was unanimous and bipartisan, and it wanted to debate. I regret we were not Committee. They have had four hear- is a significant statement on the trou- able to have those debates and votes. ings over the last two weeks, with wit- bling state of our military today. I am pleased, however, that we are nesses from both parties, from Gov- My friends, for too long, our Nation able to include several dozen agreed- ernors to health insurance commis- has asked our men and women in uni- upon amendments in this bill from sioners, to leaders in the industry. I form to do too much with far too little. both Democrats and Republicans which have great confidence in my colleagues Much of the blame lies with the last will strengthen the legislation. In the and their ability to craft a bipartisan administration, but we in Congress end, this bill represents a strong bipar- bill to improve the ACA that a major- cannot escape responsibility. Our mili- tisan effort to provide the military ity of Senators could support. This is a tary’s job is hard enough, but we are with the resources they need and the bipartisan, inclusive process, and I making it harder through continuing support they deserve. should note, it is undertaken by one of resolutions, unpredictable funding, and Moving forward, more work needs to the two committees that have jurisdic- arbitrary spending caps that we put be done. It is clear we need to find a tion for health care. into law 6 years ago before the rise of sustainable, equitable path forward So for my Republican colleagues to ISIS, before the current crisis with that will end sequestration and provide now decide, after this critical work is North Korea, before Russia’s return to the additional resources needed for our already underway, that we are going to aggression on the world stage, and be- current readiness shortfalls. I look for- scratch those efforts and return in- fore so many other dangerous develop- ward to working together to continue stead to a partisan process, in which ments. to address the needs of the Department not even Republican Senators have had We have been warned—we have been and our servicemembers. the opportunity to fully review the warned, my friends—that we can’t go I would like to close by thanking bill, make changes or even get analysis on like this. We have been warned. Ear- Senator MCCAIN in my remarks about of the bill, I think that process is lier this year, the Chairman of the the NDAA for his leadership in guiding wrong. Let’s not be fooled by the new Joint Chiefs of Staff, Gen. Joseph this bill through our committee mark- effort. The legislation would have the Dunford, warned us: ‘‘In just a few up process and the floor. I believe this same effects as the other versions of years if we don’t change the trajectory, bill truly exemplifies Senator MCCAIN’s TrumpCare we saw rejected. we will lose our qualitative and our unrivaled dedication to the men and We have heard the Senate Homeland quantitative competitive edge, [and] women of our Armed Forces. His firm Security and Governmental Affairs the consequences will be profound.’’ hand and unwavering resolve for a bi- Committee will hold a hearing on the The Secretary of Defense, Jim Mattis,

VerDate Sep 11 2014 04:24 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.017 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5787 also warned us, saying: ‘‘We are no There was an amendment offered by Mr. MCCAIN. Mr. President, I ask longer managing risk; we are now gam- the Senator from Arkansas to repeal unanimous consent that the order for bling.’’ sequestration. The amendment was the quorum call be rescinded. We are gambling, my friends. We are written in a bipartisan way and would The PRESIDING OFFICER. Without gambling with the lives of the best have ended sequestration, not only for objection, it is so ordered. among us, and we are now seeing the defense but nondefense spending as AMENDMENTS NOS. 277, 434, 574, 660, 750, 756, 833, cost—the tragic but foreseeable cost— well. We had an opportunity to tell all 890, 900, 903, 904, 950, 976, 995, 1014, 1015, 1021, 1023, of an overworked, strained force, with of our men and women in uniform that 1065, 1087, 1088, 1089, 1094, 1100, 470, 601, 712, 780, 873, aging equipment and not enough of it. the Senate finally was doing every- 874, 879, 908, 927, 943, 945, 1006, 1031, 1033, 1034, 1038, On June 17, seven sailors were killed thing it could to support them. We had 1039, 1050, 1055, 1063, 1073, 1086, 1096, AND 1032 when the USS Fitzgerald collided with a an opportunity, and we failed. Worse Mr. MCCAIN. Mr. President, I ask container ship off the coast of Japan. than that, we didn’t even try. We unanimous consent that the following On July 10, a Marine KC–130 crash in couldn’t even agree to vote. amendments to H.R. 2810, as amended, Mississippi killed all 16 troops on It makes me so angry, but more than be considered and agreed to en bloc: board. On August 5, an Osprey heli- that it makes me sad. It breaks my Kaine No. 277, Tester No. 434, Heitkamp copter crash off the coast of Australia heart. No. 574, Merkley No. 660, Whitehouse No. 750, Van Hollen No. 756, Murray No. resulted in the deaths of three Marines. How do we explain our failure to our 833, Brown No. 890, Cardin No. 900, On August 15, an Army helicopter men and women who are serving? How Leahy No. 903, Baldwin No. 904, Peters crashed off the coast of Hawaii, with do we explain to Americans who are No. 950, Heitkamp No. 976, Cantwell No. five soldiers presumed dead. On August risking their lives for us that we could 995, Stabenow No. 1014, Whitehouse No. 21, 10 sailors perished when the USS not summon the courage to take some 1015, Harris No. 1021, Sanders No. 1023, McCain collided with a tanker near hard votes? How can we explain we Cantwell No. 1065, Bennet No. 1087, Singapore. On August 25, an Army couldn’t come together and vote to- Wyden No. 1088, Kaine No. 1089, Cortez- Black Hawk helicopter went down dur- gether when it mattered most? How do Masto No. 1094, Lee No. 470, Moran No. ing a training mission off the coast of we explain the signal our inaction 601, Portman No. 712, Inhofe No. 780, Yemen, and one soldier died. Earlier sends to all who are serving that Con- Ernst No. 873, McCain No. 874, Johnson this month in Nevada, two Air Force gress has higher priorities than re- No. 879, Murkowski No. 908, Rubio No. A–10 aircraft crashed into each other. building our military? We should be 927, Isakson No. 943, Flake No. 945, Thank God the pilots safely ejected, ashamed of ourselves. Moran No. 1006, Tillis No. 1031, Perdue but the planes were lost, at a cost of For those of you who will soon vote No. 1033, Strange No. 1034, Lankford over $100 million. for this National Defense Authoriza- No. 1038, Rounds No. 1039, Scott No. Just last week—just last week, as we tion Act, which will authorize the nec- 1050, Portman No. 1055, Tillis No. 1063, debated this legislation—there were ad- essary resources to begin rebuilding Sullivan No. 1073, Strange No. 1086, ditional accidents. Last Tuesday, one our military, let me thank you; let me Graham No. 1096, and Isakson No. 1032. soldier died during helicopter training thank you; let me thank you. You can at Fort Hood. Last Wednesday, an am- Mr. President, I ask to add Durbin be proud that you are voting for a good No. 1100. I intentionally omitted him phibious vehicle explosion at Camp piece of legislation, but this legislation Pendleton injured 15 marines. Last the first time around in hopes that it is only part of the solution. We still wouldn’t be noticed. Thursday, a demolition accident at have no path to actually appropriate Fort Bragg killed another soldier and The PRESIDING OFFICER. The Sen- the money that we are about to author- ator’s request is so modified. injured seven others. ize. That requires a bipartisan agree- My friends, more of our men and Mr. MCCAIN. Mr. President, I ask ment to adjust the spending caps in the women in uniform are now being killed unanimous consent that the amend- Budget Control Act. in totally avoidable training accidents ment numbers at the desk be reflected and routine operations than by our en- For all of you who will join me in in the list. emies in combat. Let me repeat that. voting to authorize these vital addi- The PRESIDING OFFICER. Without More of our men and women in uniform tional resources for our military, I objection, it is so ordered. are now being killed in totally avoid- would also urge you to join me in de- Is there objection to the modified re- able training accidents and routine op- manding and passing a bipartisan quest? erations than by our enemies in com- agreement so that we can appropriate Without objection, it is so ordered. bat. those resources. This will require some The amendments (Nos. 277, 434, 574, Where is the outrage? Where is our hard work. It will require some team- 660, 750, 756, 833, 890, 900, 903, 904, 950, sense of urgency to deal with this prob- work and some trust in each other. It 976, 995, 1014, 1015, 1021, 1023, 1065, 1087, lem? Congress can criticize this admin- will require having the courage of our 1088, 1089, 1094, 1100, 470, 601, 712, 780, istration or the last administration all convictions. But in the end, it will re- 873, 874, 879, 908, 927, 943, 945, 1006, 1031, we want, and there is plenty of blame quire much less of us than the service 1033, 1034, 1038, 1039, 1050, 1055, 1063, 1073, to go around, but the constitutional re- and sacrifice we ask every day from 1086, 1096, and 1032) were agreed to en sponsibility is to ‘‘raise and support our men and women in uniform, which bloc, as follows: Armies’’ and ‘‘provide and maintain a they so dutifully provide us. AMENDMENT NO. 277 Navy.’’ That responsibility is ours. I do not want to have to call another (Purpose: To provide for the establishment of How can we believe that we are meet- grieving mother or father or spouse a visitor services facility on the Arlington ing our responsibilities when young after their loved one has perished in a Ridge tract, Virginia) Americans in uniform are not receiving mishap that might have been prevented At the end of subtitle E of title XXVIII, the necessary resources and capabili- if Congress had done its job. Let’s find add the following: ties to perform their missions? My a way to appropriate the resources for SEC. 2850. ESTABLISHMENT OF A VISITOR SERV- our military that we will soon author- ICES FACILITY ON THE ARLINGTON friends, that blame rests with us, the RIDGE TRACT. Congress. ize. Our men and women in uniform de- serve no less. (a) ARLINGTON RIDGE TRACT DEFINED.—In I know many of my colleagues agree. this section, the term ‘‘Arlington Ridge I have heard them—both Republicans Mr. President, I will suggest a short tract’’ means the parcel of Federal land lo- and Democrats—speak for years about quorum call while we get these final cated in Arlington County, Virginia, known the harmful effects sequestration is agreed-upon amendments on the bill at as the ‘‘Nevius Tract’’ and transferred to the having on our military and many other this time. It shouldn’t take more than Department of the Interior in 1953, that is Federal agencies with a national secu- 3 or 4 minutes. bounded generally by— rity mission. How do we explain our I suggest the absence of a quorum. (1) Arlington Boulevard (United States Route 50) to the north; failure to deal with this problem last The PRESIDING OFFICER. The (2) Jefferson Davis Highway (Virginia week? We had an opportunity. This leg- clerk will call the roll. Route 110) to the east; islation was open for amendments The senior assistant legislative clerk (3) Marshall Drive to the south; and under regular order for an entire week. proceeded to call the roll. (4) North Meade Street to the west.

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(b) ESTABLISHMENT OF VISITOR SERVICES (3) by inserting after paragraph (2) the fol- PAY.—The Secretary of Defense shall develop FACILITY.—Notwithstanding section 2863(g) lowing: information to be provided to members of of the Military Construction Authorization ‘‘(3) CAREER TENURE.—In the case of an in- the Armed Forces who are eligible to make Act for Fiscal Year 2002 (Public Law 107–107; dividual whose appointment to a position in the election provided for in subsection (b)(1) 115 Stat. 1332), the Secretary of the Interior the excepted service is converted to a career of section 1415 of title 10, United States Code, may construct a structure for visitor serv- or career- conditional appointment under to assist such members in making an in- ices, including a public restroom facility, on paragraph (1)(B), the period of service de- formed comparison for purposes of the elec- the Arlington Ridge tract in the area of the scribed in such paragraph shall be treated, tion between the following: United States Marine Corps War Memorial. for purposes of the service requirements for (1) The value of the lump sum payment of AMENDMENT NO. 434 career tenure under title 5, United States retired pay and monthly payments provided (Purpose: To convert the authority for a Na- Code, as if it were service in a position under for in such subsection (b)(1) by reason of the tional Language Service Corps into a re- a career or career- conditional appoint- election, including the manner in which the quirement for such a Corps) ment.’’. lump sum and such monthly payments are At the end of subtitle D of title IX, add the AMENDMENT NO. 750 determined for any particular member. following: (Purpose: To extend temporarily the ex- (2) The value of retired pay payable under SEC. 953. REQUIREMENT FOR NATIONAL LAN- tended period of protection for members of subsection (d) of such section in the absence GUAGE SERVICE CORPS. uniformed services relating to mortgages, of the election, including the manner in (a) IN GENERAL.—Subsection (a)(1) of 813 of mortgage foreclosure, and eviction) which such retired pay is determined for any the David L. Boren National Security Edu- particular member. At the appropriate place, insert the fol- cation Act of 1991 (50 U.S.C. 1913) is amended AMENDMENT NO. 890 by striking ‘‘may establish and maintain’’ lowing: SEC. lll. TEMPORARY EXTENSION OF EX- (Purpose: To ensure the continued designa- and inserting ‘‘shall establish and main- tion of the Secretary of the Air Force as tain’’. TENDED PERIOD OF PROTECTIONS FOR MEMBERS OF UNIFORMED the Department of Defense Executive (b) CONFORMING AMENDMENT.—Subsection SERVICES RELATING TO MORT- Agent for the program carried out under (b) of such section is amended by striking ‘‘If GAGES, MORTGAGE FORECLOSURE, title III of the Defense Production Act of the Secretary establishes the Corps, the Sec- AND EVICTION. 1950) retary’’ and inserting ‘‘The Secretary’’. Section 710(d) of the Honoring America’s At the appropriate place, insert the fol- AMENDMENT NO. 574 Veterans and Caring for Camp Lejeune Fami- lowing: (Purpose: To expand the SkillBridge initia- lies Act of 2012 (Public Law 112–154; 50 U.S.C. SEC. ll. LIMITATION ON CANCELLATION OF tive to include participation by Federal 3953 note) is amended— DESIGNATION OF SECRETARY OF agencies) (1) in paragraph (1), by striking ‘‘December THE AIR FORCE AS DEPARTMENT OF At the appropriate place, insert the fol- 31, 2017’’ and inserting ‘‘December 31, 2019’’; DEFENSE EXECUTIVE AGENT FOR A lowing: and CERTAIN DEFENSE PRODUCTION SEC. lll. EXPANSION OF SKILLBRIDGE INITIA- (2) in paragraph (3), by striking ‘‘January ACT PROGRAM. TIVE TO INCLUDE PARTICIPATION 1, 2018’’ and inserting ‘‘January 1, 2020’’. (a) LIMITATION ON CANCELLATION OF DES- BY FEDERAL AGENCIES. AMENDMENT NO. 756 IGNATION.—The Secretary of Defense may not (a) MODIFICATION OF INITIATIVE BY SEC- implement the decision, issued on July 1, (Purpose: To require a report on compliance RETARY OF DEFENSE.—The Secretary of De- 2017, to cancel the designation, under De- with Department of Defense and Service fense, in consultation with the Director of partment of Defense Directive 4400.1E, enti- policies regarding runway clear zones) the Office of Personnel Management, shall tled ‘‘Defense Production Act Programs’’ and make such modifications to the SkillBridge At the appropriate place, insert the fol- dated October 12, 2001, of the Secretary of initiative of the Department of Defense as lowing: the Air Force as the Department of Defense the Secretary considers appropriate to en- SEC. ll. REPORT ON COMPLIANCE WITH RUN- Executive Agent for the program carried out able Federal agencies to participate in the WAY CLEAR ZONE REQUIREMENTS. under title III of the Defense Production Act initiative as employers and trainers, includ- (a) IN GENERAL.—Not later than 270 days of 1950 (50 U.S.C. 4531 et seq.) until the date ing the provision of training by Federal after the date of the enactment of this Act, specified in subsection (c). agencies under the initiative to the Secretary of Defense, in consultation (b) DESIGNATION.—The Secretary of the Air transitioning members of the Armed Forces. with the Service secretaries, shall submit to Force shall continue to serve as the Depart- (b) PARTICIPATION BY FEDERAL AGENCIES.— the congressional defense committees a re- ment of Defense Executive Agent for the pro- The Director, in consultation with the Sec- port on Service compliance with Department gram described in subsection (a) until the retary, shall take such actions as may be of Defense and relevant Service policies re- date specified in subsection (c). necessary to ensure that each Federal agen- garding Department of Defense runway clear (c) DATE SPECIFIED.—The date specified in cy participates in the SkillBridge initiative zones. this subsection is the earlier of— of the Department of Defense as described in (b) ELEMENTS.—The report required under (1) the date that is two years after the date subsection (a). subsection (a) shall include the following ele- of the enactment of this Act; or (c) TRANSITIONING MEMBERS OF THE ARMED ments: (2) the date of the enactment of a joint res- FORCES DEFINED.—In this section, the term (1) A listing of all Department of Defense olution or an Act approving the implementa- ‘‘transitioning member of the Armed runway clear zones in the United States that tion of the decision described in subsection Forces’’ means a member of the Armed are not in compliance with Department of (a). Forces who is expected to be discharged or Defense and relevant Service policies regard- AMENDMENT NO. 900 released from active duty in the Armed ing Department of Defense runway clear (Purpose: To require a report on the Na- Forces not more than 180 days after the zones. tional Biodefense Analysis and Counter- member commences training under the (2) A plan for bringing all Department of measures Center (NBACC) and to provide a SkillBridge initiative. Defense runway clear zones in full compli- limitation on use of funds) AMENDMENT NO. 660 ance with these policies, including a descrip- (Purpose: To treat the service of recipients tion of the resources required to bring these At the appropriate place, insert the fol- of Boren scholarships and fellowships in clear zones into policy compliance, and for lowing: excepted service positions as service by providing restitution for property owners. SEC. ll. REPORT ON THE NATIONAL BIO- such recipients under career appointments DEFENSE ANALYSIS AND COUNTER- AMENDMENT NO. 833 MEASURES CENTER (NBACC) AND for purposes of career tenure under title 5, (Purpose: To provide for the promotion of fi- LIMITATION ON USE OF FUNDS. United States Code) nancial literacy concerning retirement (a) REPORT.—Not later than December 31, At the appropriate place in subtitle B of among members of the Armed Forces) 2017, the Secretary of Homeland Security title XVI, insert the following: At the end of part I of subtitle C of title and the Secretary of Defense shall jointly SEC. lll. CONSIDERATION OF SERVICE BY RE- VI, add the following: submit to the appropriate Congressional CIPIENTS OF BOREN SCHOLARSHIPS SEC. lll. PROMOTION OF FINANCIAL LIT- committees a report, prepared in consulta- AND FELLOWSHIPS IN EXCEPTED tion with the officials listed in subsection SERVICE POSITIONS AS SERVICE BY ERACY CONCERNING RETIREMENT SUCH RECIPIENTS UNDER CAREER AMONG MEMBERS OF THE ARMED (b), on the National Biodefense Analysis and APPOINTMENTS FOR PURPOSES OF FORCES. Countermeasures Center (referred to in this CAREER TENURE. (a) PROGRAMS FOR PROMOTION REQUIRED.— section as the ‘‘NBACC’’) containing the fol- Section 802(k) of the David L. Boren Na- The Secretary of Defense shall develop pro- lowing information: tional Security Education Act of 1991 (50 grams of financial literacy for members of (1) The functions of the NBACC. U.S.C. 1902(k)) is amended— the Armed Forces to assist members in bet- (2) The end users of the NBACC, including (1) by redesignating paragraph (3) as para- ter understanding retirement options and end users whose assets may be managed by graph (4); planning for retirement. other agencies. (2) in paragraph (2), in the matter before (b) INFORMATION ON COMPARATIVE VALUE OF (3) The cost and mission impact for each subparagraph (A), by striking ‘‘(3)(C)’’ and LUMP SUM AND MONTHLY PAYMENTS OF RE- user identified under paragraph (2) of any po- inserting ‘‘(4)(C)’’; and TIRED PAY WITH CONVENTIONAL RETIRED tential closure of the NBACC, including an

VerDate Sep 11 2014 05:10 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.013 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5789 analysis of the functions of the NBACC that ments to assess the following with respect to (1) the health care provider is under inves- cannot be replicated by other departments the pilot program studied under such sub- tigation by the medical licensing board of a and agencies of the Federal Government. section: State in which the health care provider is li- (4) In the case of closure of the NBACC, a (1) The anticipated improvement in quality censed or practices; transition plan for any essential functions of behavioral health services for part-time (2) the health care provider has entered currently performed by the NBACC to ensure members of the reserve components of the into a settlement agreement for a discipli- mission continuity, including the storage of Armed Forces and the impact of such im- nary charge relating to the practice of medi- samples needed for ongoing criminal cases. provement in quality of behavioral health cine by the health care provider; or (b) CONSULTATION.—The officials listed in services on their families and employers. (3) the Secretary otherwise determines this subsection are the following: (2) The anticipated impact on the culture that such action is appropriate under the cir- (1) The Director of the Federal Bureau of surrounding behavioral health treatment cumstances. Investigation. and help-seeking behavior. (c) SUSPENSION.—The Secretary shall sus- (2) The Attorney General. (3) The feasibility of embedding mental pend the eligibility of a health care provider (3) The Director of National Intelligence. health professionals with units that— to provide non-Department health care serv- (4) As determined by the Secretary of (A) perform core mission sets and capabili- ices to veterans if the health care provider is Homeland Security, the leaders of other of- ties; and suspended from serving as a health care pro- fices that utilize the NBACC. (B) carry out high-risk and high-demand vider of the Department. (c) FORM.—The report submitted under missions. (d) INITIAL REVIEW OF DEPARTMENT EM- subsection (a) shall be submitted in unclassi- (4) The particular preventative mental PLOYMENT.—Not later than one year after fied form, but may contain a classified health needs of units at different states of the date of the enactment of this Act, with annex. their operational readiness cycle. respect to each health care provider pro- (d) APPROPRIATE CONGRESSIONAL COMMIT- (5) The need for additional personnel of the viding non-Department health care services, TEES DEFINED.—For purposes of this section, Department of Defense to implement the the Secretary shall review the status of each the term ‘‘appropriate Congressional Com- pilot program. such health care provider as an employee of mittees’’ means— (6) The cost of implementing the pilot pro- the Department and the history of employ- (1) the Committee on Appropriations of the gram throughout the reserve components of ment of each such health care provider with Senate; the Armed Forces. the Department to determine whether the (2) the Committee on Appropriations of the (7) The benefits of an integrated oper- health care provider is described in any of House of Representatives; ational support team for the Air National subsections (a) through (c). (3) the Committee on Armed Services of Guard and Army National Guard units. the Senate; (c) COMPARISON TO FULL-TIME MEMBERS OF (e) COMPTROLLER GENERAL REPORT.—Not (4) the Committee on Armed Services of RESERVE COMPONENTS.—As part of the feasi- later than two years after the date of the en- the House of Representatives; bility study conducted under subsection (a), actment of this Act, the Comptroller General (5) the Committee on Homeland Security the Secretary shall assess the mental health of the United States shall submit to Con- and Governmental Affairs of the Senate; risk of part-time members of the reserve gress a report on the implementation by the (6) the Committee on Homeland Security components of the Armed Forces as com- Secretary of this section, including the fol- of the House of Representatives; pared to full-time members of the reserve lowing: (7) the Committee on Judiciary of the Sen- components of the Armed Forces. (1) The aggregate number of health care ate; (d) USE OF EXISTING MODELS.—In con- providers denied or suspended under this sec- (8) the Committee on the Judiciary of the ducting the feasibility study under sub- tion from participation in providing non-De- House of Representatives; section (a), the Secretary shall make use of partment health care services. (9) the Committee on Oversight and Gov- existing models for preventative mental (2) An evaluation of any impact on access ernment Reform of the House of Representa- health care, to the extent practicable, such to health care for patients or staffing short- tives; as the approach developed by the United ages in programs of the Department pro- (10) the Select Committee on Intelligence States Air Force School of Aerospace Medi- viding non-Department health care services. of the Senate; and cine. (3) An explanation of the coordination of (11) the Permanent Select Committee on AMENDMENT NO. 904 the Department with the medical licensing Intelligence of the House of Representatives. (Purpose: To prohibit or suspend certain boards of States in implementing this sec- (e) TRANSITION PERIOD.—The report sub- health care providers from providing non- tion, the amount of involvement of such mitted under subsection (a) shall include a Department of Veterans Affairs health boards in such implementation, and efforts transition adjustment period of not less than care services to veterans) by the Department to address any concerns 1 year after the date of enactment of this At the end of subtitle G of title X, add the raised by such boards with respect to such Act, or 180 days after the date on which the following: implementation. report required in under this section is sub- SEC. 1088. PREVENTION OF CERTAIN HEALTH (4) Such recommendations as the Comp- mitted to Congress, whichever is later, dur- CARE PROVIDERS FROM PROVIDING troller General considers appropriate regard- ing which none of the funds authorized to be NON-DEPARTMENT HEALTH CARE ing harmonizing eligibility criteria between appropriated under this Act or any other Act SERVICES TO VETERANS. health care providers of the Department and may be used to support the closure, transfer, (a) IN GENERAL.—On and after the date health care providers eligible to provide non- or other diminishment of the NBACC or its that is one year after the date of the enact- Department health care services. functions. ment of this Act, the Secretary of Veterans (f) NON-DEPARTMENT HEALTH CARE SERV- AMENDMENT NO. 903 Affairs shall deny or revoke the eligibility of ICES DEFINED.—In this section, the term (Purpose: To require the Secretary of De- a health care provider to provide non-De- ‘‘non-Department health care services’’ fense to conduct a feasibility study and partment health care services to veterans if means services— cost estimate for a pilot program that uses the Secretary determines that the health (1) provided under subchapter I of chapter predictive analytics and screening to iden- care provider— 17 of title 38, United States Code, at non-De- tify mental health risk and provide early, (1) was removed from employment with the partment facilities (as defined in section 1701 targeted intervention for part-time mem- Department of Veterans Affairs due to con- of such title); bers of the reserve components of the duct that violated a policy of the Depart- (2) provided under section 101 of the Vet- Armed Forces) ment relating to the delivery of safe and ap- erans Access, Choice, and Accountability Act At the end of subtitle C of title VII, add propriate health care; of 2014 (Public Law 113–146; 38 U.S.C. 1701 the following: (2) violated the requirements of a medical note); license of the health care provider; SEC. 737. FEASIBILITY STUDY ON CONDUCT OF (3) purchased through the Medical Commu- PILOT PROGRAM ON MENTAL (3) had a Department credential revoked nity Care account of the Department; or HEALTH READINESS OF PART-TIME and the grounds for such revocation impacts (4) purchased with amounts deposited in MEMBERS OF THE RESERVE COMPO- the ability of the health care provider to de- the Veterans Choice Fund under section 802 NENTS OF THE ARMED FORCES. liver safe and appropriate health care; or of the Veterans Access, Choice, and Account- (a) IN GENERAL.—Not later than one year (4) violated a law for which a term of im- ability Act of 2014. after the date of the enactment of this Act, prisonment of more than one year may be the Secretary of Defense shall conduct a fea- imposed. AMENDMENT NO. 950 sibility study and cost estimate for a pilot (b) PERMISSIVE ACTION.—On and after the (Purpose: To authorize the Secretary of the date that is one year after the date of the en- program that uses predictive analytics and Air Force to increase the Primary Aircraft actment of this Act, the Secretary may screening to identify mental health risk and Authorization of Air Force or Air National deny, revoke, or suspend the eligibility of a provide early, targeted intervention for part- Guard A–10 aircraft units in the event con- health care provider to provide non-Depart- time members of the reserve components of version of an A–10 unit is in the best inter- ment health care services if the Secretary the Armed Forces to improve readiness and est of a long-term Air Force mission) mission success. has reasonable belief that such action is nec- (b) ELEMENTS.—The feasibility study con- essary to immediately protect the health, At the end of subtitle D of title I, add the ducted under subsection (a) shall include ele- safety, or welfare of veterans and— following:

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SEC. ll. AUTHORITY TO INCREASE PRIMARY fense acquisition personnel responsible for AMENDMENT NO. 1023 AIRCRAFT AUTHORIZATION OF AIR procuring items that are subject to the FORCE AND AIR NATIONAL GUARD (Purpose: To authorize the provision of Berry Amendment and Buy American Act. support for Beyond Yellow Ribbon programs) A–10 AIRCRAFT UNITS FOR PUR- (B) Options for alternative training models POSES OF FACILITATING A–10 CON- for contracting personnel on Buy American At the end of subtitle H of title V, add the VERSION. following: In the event that conversion of an A–10 air- and Berry Amendment requirements. SEC. 583. AUTHORIZATION OF SUPPORT FOR BE- craft unit is in the best interest of a long- AMENDMENT NO. 1015 YOND YELLOW RIBBON PROGRAMS. term Air Force mission, the Secretary of the (Purpose: To encourage the United States Section 582 of the National Defense Au- Air Force may increase the Primary Aircraft Trade Representative to consider the im- thorization Act for Fiscal Year 2008 (Public Authorization of Air Force Reserve or Air pact of marine debris in future trade agree- Law 110-181; 10 U.S.C. 10101 note) is amend- National Guard A–10 units to 24 aircraft to ments) ed— facilitate such conversion. At the end of subtitle G of title XII, add (1) by redesignating subsections (k) and (l) AMENDMENT NO. 976 the following: as subsections (l) and (m), respectively; and (Purpose: To express the sense of Congress SEC. 1285. SENSE OF CONGRESS ON CONSIDER- (2) by inserting after subsection (j) the fol- on use of test sites for research and devel- ATION OF IMPACT OF MARINE DE- lowing new subsection (k): opment on countering unmanned aircraft BRIS IN TRADE AGREEMENTS. ‘‘(k) SUPPORT FOR BEYOND YELLOW RIBBON systems) Recognizing that the Senate unanimously PROGRAMS.—The Secretary of Defense may At the end of subtitle E of title X, add the agreed to S. 756, an Act to reauthorize and award grants to States to carry out pro- following: amend the Marine Debris Act to promote grams that provide deployment cycle infor- SEC. lll. SENSE OF CONGRESS ON USE OF international action to reduce marine debris, mation, services, and referrals to members of TEST SITES FOR RESEARCH AND DE- and for other purposes (commonly referred reserve components of the Armed Forces, VELOPMENT ON COUNTERING UN- to as the ‘‘Save Our Seas Act of 2017’’) on Au- members of active components of the Armed MANNED AIRCRAFT SYSTEMS. gust 3, 2017, Congress encourages the United Forces, and the families of such members It is the sense of Congress that— States Trade Representative to consider the throughout the deployment cycle. Such pro- (1) the armed unmanned aircraft systems impact of marine debris, particularly plastic grams may include the provision of access to deployed by adversaries for military pur- waste, in relevant trade agreements entered outreach services, including the following: poses pose a threat to military installations, into or negotiated after the date of the en- ‘‘(1) Employment counseling. critical infrastructure, and members of the actment of this Act. ‘‘(2) Behavioral health counseling. Armed Forces in conflict areas like Iraq and AMENDMENT NO. 1021 ‘‘(3) Suicide prevention. Syria; ‘‘(4) Housing advocacy. (Purpose: To require a review of effects of (2) the unmanned aircraft systems test ‘‘(5) Financial counseling. personnel requirements and limitations on sites designated by the Federal Aviation Ad- ‘‘(6) Referrals to for the receipt of other the availability of members of the Na- ministration offer unique capabilities, exper- services.’’. tise, and airspace for research and develop- tional Guard for the performance of fu- ment related to unmanned aircraft systems; neral honors duty for veterans) AMENDMENT NO. 1065 and At the end of subtitle B of title V, add the (Purpose: To increase funding for environ- (3) the Armed Forces should, as appro- following: mental restoration for the Air Force, and priate and to the extent practicable, seek to SEC. lll. REVIEW OF EFFECTS OF PERSONNEL to provide an offset) leverage the test sites described in paragraph REQUIREMENTS AND LIMITATIONS In the funding table in section 4301, in the (2), as well as existing Department of De- ON THE AVAILABILITY OF MEMBERS item relating to Environmental Restoration, fense facilities with appropriate expertise, OF THE NATIONAL GUARD FOR THE Air Force, increase the amount in the Senate for research and development on capabilities PERFORMANCE OF FUNERAL HON- ORS DUTY FOR VETERANS. Authorized column by $20,000,000. to counter the nefarious use of unmanned In the funding table in section 4301, in the aircraft systems. (a) REVIEW REQUIRED.—The Secretary of Defense shall undertake a review of the ef- item relating to Subtotal Environmental AMENDMENT NO. 995 fects of the personnel requirements and limi- Restoration, Air Force, increase the amount (Purpose: To extend the authorization of the tations described in subsection (b) with re- in the Senate Authorized column by Advisory Board on Toxic Substances and spect to the members of the National Guard $20,000,000. Worker Health) in order to determine whether or not such In the funding table in section 4301, in the At the end of subtitle B of title XXXI, add requirements unduly limit the ability of the item relating to Total Miscellaneous Appro- the following: Armed Forces to meet the demand for per- priations, increase the amount in the Senate SEC. 3116. EXTENSION OF AUTHORIZATION OF sonnel to perform funeral honors in connec- Authorized column by $20,000,000. ADVISORY BOARD ON TOXIC SUB- tion with funerals of veterans In the funding table in section 4301, in the STANCES AND WORKER HEALTH. (b) PERSONNEL REQUIREMENTS AND LIMITA- item relating to Undistributed, Line number Section 3687(i) of the Energy Employees TIONS.—The personnel requirements and lim- 999, reduce the amount in the Senate Au- Occupational Illness Compensation Program itations described in this subsection are the thorized column by $20,000,000. Act of 2000 (42 U.S.C. 7385s–16(i)) is amended following: In the funding table in section 4301, in the by striking ‘‘5 years’’ and inserting ‘‘10 (1) Requirements, such as the ceiling on item relating to Fuel Savings, increase the years’’. the authorized number of members of the amount of the reduction indicated in the AMENDMENT NO. 1014 National Guard on active duty pursuant to Senate Authorized column by $20,000,000. (Purpose: To require the Government Ac- section 115(b)(2)(B) of title 10, United States In the funding table in section 4301, in the countability Office to evaluate Buy Amer- Code, or end-strength limitations, that may item relating to Subtotal Undistributed, re- ican training policies for the Defense ac- operate to limit the number of members of duce the amount in the Senate Authorized quisition workforce) the National Guard available for the per- column by $20,000,000. At the appropriate place, insert the fol- formance of funeral honors duty. In the funding table in section 4301, in the lowing: (2) Any other requirements or limitations item relating to Total Undistributed, reduce SEC. ll. BUY AMERICAN ACT TRAINING FOR DE- applicable to the reserve components of the the amount in the Senate Authorized column FENSE ACQUISITION WORKFORCE. Armed Forces in general, or the National by $20,000,000. (a) FINDING.—Congress finds that the In- Guard in particular, that may operate to AMENDMENT NO. 1087 spector General of the Department of De- limit the number of members of the National (Purpose: To recognize the National Museum fense has issued a series of reports finding Guard available for the performance of fu- of World War II Aviation) deficiencies in the adherence to the provi- neral honors duty. sions of the Buy American Act and recom- (c) REPORT.—Not later than six months At the appropriate place, insert the fol- mending improvements in training for the after the date of the enactment of this Act, lowing: Defense acquisition workforce. the Secretary shall submit to the Commit- SEC. lll. RECOGNITION OF THE NATIONAL MU- (b) REPORT.— tees on Armed Services of the Senate and the SEUM OF WORLD WAR II AVIATION. (1) IN GENERAL.—Not later than one year House of Representatives a report on the re- (a) RECOGNITION.—The National Museum of after the date of the enactment of this Act, view undertaken pursuant to subsection (a). World War II Aviation in Colorado Springs, the Comptroller General of the United States The report shall include the following: Colorado, is recognized as America’s Na- shall submit to the congressional defense (1) A description of the review. tional World War II Aviation Museum. committees a report evaluating Buy Amer- (2) Such recommendations as the Secretary (b) EFFECT OF RECOGNITION.—The National ican training policies for the Defense acqui- considers appropriate in light of the review Museum recognized by this section is not a sition workforce. for legislative or administrative action to unit of the National Park System, and the (2) ELEMENTS.—The report shall include expand the number of members of the Na- recognition of the National Museum shall the following elements: tional Guard available for the performance not be construed to require or permit Fed- (A) A summary and assessment of man- of funeral honors functions at funerals of eral funds to be expended for any purpose re- dated training courses for Department of De- veterans. lated to the National Museum.

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AMENDMENT NO. 1088 ‘‘(4) provide awards to improve cybersecu- mittee on Science, Space, and Technology of (Purpose: To authorize an additional rity education at the kindergarten through the House of Representatives a report, in- $10,000,000 for the National Guard for train- grade 12 level— cluding the results of the evaluation under ing on wildfire response, and to provide an ‘‘(A) to increase interest in cybersecurity paragraph (1) and any recent statistics re- offset) careers; garding the size, composition, and edu- At the end of subtitle B of title V, add the ‘‘(B) to help students practice correct and cational requirements of the Federal cyber safe online behavior and understand the following: workforce. foundational principles of cybersecurity; ‘‘(3) RESOURCES.—The Director of the Na- SEC. lll. TRAINING FOR NATIONAL GUARD ‘‘(C) to improve teaching methods for de- PERSONNEL ON WILDFIRE RE- tional Science Foundation, in coordination SPONSE. livering cybersecurity content for kinder- with the Director of the Office of Personnel garten through grade 12 computer science (a) IN GENERAL.—The Secretary of the Management, shall provide consolidated and Army and the Secretary of the Air Force curricula; and user-friendly online resources for prospective shall, in consultation with the Chief of the ‘‘(D) to promote teacher recruitment in the scholarship recipients, including, to the ex- National Guard Bureau, provide for training field of cybersecurity.’’; tent practicable— (2) by amending subsection (d) to read as of appropriate personnel of the National ‘‘(A) searchable, up-to-date, and accurate follows: Guard on wildfire response, with preference information about participating institutions ‘‘(d) POST-AWARD EMPLOYMENT OBLIGA- given to States with the most acres of Fed- of higher education and job opportunities re- TIONS.—Each scholarship recipient, as a con- lated to the field of cybersecurity; and eral forestlands administered by the U.S. dition of receiving a scholarship under the Forest Service or the Department of the In- ‘‘(B) a modernized description of cyberse- program, shall enter into an agreement curity careers.’’. terior. under which the recipient agrees to work for (b) SAVINGS PROVISION.—Nothing in this (b) AUTHORIZATION OF APPROPRIATIONS.— a period equal to the length of the scholar- There is authorized to be appropriated for section, or an amendment made by this sec- ship, following receipt of the student’s de- tion, shall affect any agreement, scholarship, the Department of Defense a total of gree, in the cybersecurity mission of— loan, or repayment, under section 302 of the $10,000,000, in addition to amounts authorized ‘‘(1) an executive agency (as defined in sec- Cybersecurity Enhancement Act of 2014 (15 to be appropriated by sections 421 and 301, in tion 105 of title 5, United States Code); U.S.C. 7442), in effect on the day before the order to carry out the training required by ‘‘(2) Congress, including any agency, enti- date of enactment of this subtitle. subsection (a) and provide related equip- ty, office, or commission established in the ment. legislative branch; SEC. 1664. CYBERSECURITY TEACHING. (c) OFFSET.—In the funding table in section ‘‘(3) an interstate agency; Section 10(i) of the National Science Foun- 4101, in the item relating to Fuzes, Procure- ‘‘(4) a State, local, or tribal government; or dation Authorization Act of 2002 (42 U.S.C. ment of Ammunition, Air Force, decrease ‘‘(5) a State, local, or tribal government-af- 1862n-1(i)) is amended— the amount in the Senate Authorized column filiated non-profit that is considered to be (1) by amending paragraph (5) to read as by $10,000,000. critical infrastructure (as defined in section follows: AMENDMENT NO. 1089 1016(e) of the USA Patriot Act (42 U.S.C. ‘‘(5) the term ‘mathematics and science (Purpose: To establish opportunities for 5195c(e)).’’; teacher’ means a science, technology, engi- scholarships related to cybersecurity, and (3) in subsection (f)— neering, mathematics, or computer science, for other purposes) (A) by amending paragraph (3) to read as including cybersecurity, teacher at the ele- mentary school or secondary school level;’’; At the end of title XVI, add the following: follows: ‘‘(3) have demonstrated a high level of and Subtitle F—Cyber Scholarship Opportunities competency in relevant knowledge, skills, (2) by amending paragraph (7) to read as SEC. 1661. SHORT TITLE. and abilities, as defined by the national cy- follows: This subtitle may be cited as the ‘‘Cyber bersecurity awareness and education pro- ‘‘(7) the term ‘science, technology, engi- Scholarship Opportunities Act of 2017’’. gram under section 401;’’; and neering, or mathematics professional’ means SEC. 1662. COMMUNITY COLLEGE CYBER PILOT (B) by amending paragraph (4) to read as an individual who holds a baccalaureate, PROGRAM AND ASSESSMENT. follows: master’s, or doctoral degree in science, tech- (a) PILOT PROGRAM.—Not later than 1 year ‘‘(4) be a full-time student in an eligible de- nology, engineering, mathematics, or com- after the date of enactment of this subtitle, gree program at a qualified institution of puter science, including cybersecurity, and is as part of the Federal Cyber Scholarship-for- higher education, as determined by the Di- working in or had a career in such field or a Service program established under section rector of the National Science Foundation, related area; and’’. 302 of the Cybersecurity Enhancement Act of except that in the case of a student who is AMENDMENT NO. 1094 2014 (15 U.S.C. 7442), the Director of the Na- enrolled in a community college, be a stu- (Purpose: To express the sense of Senate on tional Science Foundation, in coordination dent pursuing a degree on a less than full- increasing enrollment in Senior Reserve with the Director of the Office of Personnel time basis, but not less than half-time basis; Officers’ Training Corps programs at mi- Management, shall develop and implement a and’’; and nority-serving institutions) pilot program at not more than 10, but at (4) by amending subsection (m) to read as least 5, community colleges to provide schol- follows: At the end of subtitle E of title V, add the arships to eligible students who— ‘‘(m) PUBLIC INFORMATION.— following: (1) are pursuing associate degrees or spe- ‘‘(1) EVALUATION.—The Director of the Na- SEC. lll. SENSE OF SENATE ON INCREASING cialized program certifications in the field of tional Science Foundation, in coordination ENROLLMENT IN SENIOR RESERVE cybersecurity; and with the Director of the Office of Personnel OFFICERS’ TRAINING CORPS PRO- GRAMS AT MINORITY-SERVING IN- (2)(A) have bachelor’s degrees; or Management, shall periodically evaluate and STITUTIONS. (B) are veterans of the armed forces. make public, in a manner that protects the (a) SENSE OF SENATE.—It is the sense of the (b) ASSESSMENT.—Not later than 1 year personally identifiable information of schol- Senate that the Armed Forces should take after the date of enactment of this subtitle, arship recipients, information on the success appropriate actions to increase enrollment as part of the Federal Cyber Scholarship-for- of recruiting individuals for scholarships in Senior Reserve Officers’ Training Corps Service program established under section under this section and on hiring and retain- (SROTC) programs at minority-serving insti- 302 of the Cybersecurity Enhancement Act of ing those individuals in the public sector tutions. 2014 (15 U.S.C. 7442), the Director of the Na- cyber workforce, including on— (b) MINORITY-SERVING INSTITUTION DE- tional Science Foundation, in coordination ‘‘(A) placement rates; FINED.—In this section, the term ‘‘minority- with the Director of the Office of Personnel ‘‘(B) where students are placed, including serving institution’’ means an institution of Management, shall assess the potential bene- job titles and descriptions; higher education described in section 371(a) fits and feasibility of providing scholarships ‘‘(C) student salary ranges for students not of the Higher Education Act of 1965 (20 U.S.C. through community colleges to eligible stu- released from obligations under this section; 1067q(a)). dents who are pursuing associate degrees, ‘‘(D) how long after graduation they are but do not have bachelor’s degrees. placed; AMENDMENT NO. 1100 SEC. 1663. FEDERAL CYBER SCHOLARSHIP-FOR ‘‘(E) how long they stay in the positions (Purpose: To modify the basis on which an SERVICE PROGRAM UPDATES. they enter upon graduation; extension of the period for enlistment in (a) IN GENERAL.—Section 302 of the Cyber- ‘‘(F) how many students are released from the Armed Forces may be made under the security Enhancement Act of 2014 (15 U.S.C. obligations; and Delayed Entry Program) 7442) is amended— ‘‘(G) what, if any, remedial training is re- At the end of subtitle C of title V, add the (1) by striking subsection (b)(3) and insert- quired. following: ing the following: ‘‘(2) REPORTS.—The Director of the Na- SEC. lll. MODIFICATION OF BASIS FOR EXTEN- ‘‘(3) prioritize the employment placement tional Science Foundation, in coordination SION OF PERIOD FOR ENLISTMENT of at least 80 percent of scholarship recipi- with the Office of Personnel Management, IN THE ARMED FORCES UNDER THE ents in an executive agency (as defined in shall submit, at least once every 3 years, to DELAYED ENTRY PROGRAM. section 105 of title 5, United States Code); the Committee on Commerce, Science, and Section 513(b) of title 10, United States and Transportation of the Senate and the Com- Code, is amended—

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(1) by redesignating paragraph (2) as para- SEC. 1088. DECLASSIFICATION BY DEPARTMENT AMENDMENT NO. 780 graph (4); OF DEFENSE OF CERTAIN INCI- (Purpose: To increase the maximum term for DENTS OF EXPOSURE OF MEMBERS (2) by designating the second sentence of intergovernmental support agreements to paragraph (1) as paragraph (2) and indenting OF THE ARMED FORCES TO TOXIC SUBSTANCES. provide installation support services) the left margin of such paragraph (2), as so (a) IN GENERAL.—The Secretary of Defense At the appropriate place, insert the fol- designated, two ems from the left margin; shall declassify documents related to any lowing: (3) in paragraph (2), as so designated, by in- known incident in which not fewer than 100 SEC. ll. INCREASED TERM LIMIT FOR INTER- serting ‘‘described in paragraph (1)’’ after members of the Armed Forces were exposed GOVERNMENTAL SUPPORT AGREE- ‘‘the 365-day period’’; to a toxic substance that resulted in at least MENTS TO PROVIDE INSTALLATION (4) by inserting after paragraph (2), as des- SUPPORT SERVICES. one case of a disability that a member of the ignated by this section, the following new Section 2679(a)(2)(A) of title 10, United medical profession has determined to be as- paragraph (3): States Code, is amended by striking ‘‘five sociated with that toxic substance. years’’ and inserting ‘‘ten years.’’ ‘‘(3)(A) The Secretary concerned may ex- (b) LIMITATION.—The declassification re- tend by up to an additional 365 days the pe- quired by subsection (a) shall be limited to AMENDMENT NO. 873 riod of extension under paragraph (2) for a information necessary for an individual who (Purpose: To require the Administrator of person who enlists under section 504(b)(2) of was potentially exposed to a toxic substance the Small Business Administration to sub- this title if the Secretary determines that to determine the following: mit to Congress a report on the utilization the period of extension under this paragraph (1) Whether that individual was exposed to of small businesses with respect to certain is required for the performance of adequate that toxic substance. Federal contracts) background and security reviews of that per- (2) The potential severity of the exposure At the appropriate place, insert the fol- son. of that individual to that toxic substance. lowing: ‘‘(B) The authority to make an extension (3) Any potential health conditions that SEC. ll. REPORT ON UTILIZATION OF SMALL under this paragraph shall expire on Decem- may have resulted from exposure to that BUSINESSES FOR FEDERAL CON- ber 31, 2019. The expiration of such authority toxic substance. TRACTS. shall not effect the validity of any extension (c) EXCEPTION.—The Secretary of Defense (a) FINDINGS.—Congress finds that— made in accordance with this paragraph on is not required to declassify documents (1) since the passage of the Budget Control or before that date.’’; and under subsection (a) if the Secretary deter- Act of 2011 (Public Law 112–25; 125 Stat. 240), (5) in paragraph (4), as redesignated by mines that declassification of those docu- many Federal agencies have started favoring paragraph (1) of this section, by striking ments would materially and immediately longer-term Federal contracts, including ‘‘paragraph (1)’’ and inserting ‘‘this sub- threaten the security of the United States. multiple award contracts, over direct indi- section’’. (d) DEFINITIONS.—In this section: vidual awards; (1) ARMED FORCES.—The term ‘‘Armed (2) these multiple award contracts have AMENDMENT NO. 470 Forces’’ has the meaning given that term in grown to more than one-fifth of Federal con- (Purpose: Relating to mechanisms to facili- section 101 of title 10, United States Code. tract spending, with the fastest growing tate the obtaining by military spouses of (2) EXPOSED.—The term ‘‘exposed’’ means, multiple award contracts surpassing occupational licenses or credentials in with respect to a toxic substance, that an in- $100,000,000 in obligations for the first time other States) dividual came into contact with that toxic between 2013 and 2014; substance in a manner that could be haz- (3) in fiscal year 2017, 17 of the 20 largest At the end of part II of subtitle F of title ardous to the health of that individual, that Federal contract opportunities are multiple V, add the following: may include if that toxic substance was in- award contracts; SEC. lll. MECHANISMS TO FACILITATE THE haled, ingested, or touched the skin or eyes. (4) while Federal agencies may choose to OBTAINING BY MILITARY SPOUSES (3) EXPOSURE.—The term ‘‘exposure’’ use any or all of the various socio-economic OF OCCUPATIONAL LICENSES OR means, with respect to a toxic substance, an groups on a multiple award contract, the CREDENTIALS IN OTHER STATES. event during which an individual was ex- Small Business Administration only exam- Not later than March 1, 2018, the Secretary posed to that toxic substance. ines socio-economic performance through of Defense shall— (4) TOXIC SUBSTANCE.—The term ‘‘toxic the small business procurement scorecard (1) develop and maintain a joint Federal- substance’’ means any substance determined and does not examine potential opportuni- State clearing house to process the occupa- by the Administrator of the Environmental ties by those groups; and tional license and credential information of Protection Agency to be harmful to the envi- (5) Congress and the Department of Justice military spouses in order— ronment or hazardous to the health of an in- have been clear that no individual socio-eco- (A) to facilitate the matching of such in- dividual if inhaled or ingested by or absorbed nomic group shall be given preference over formation with State occupational licensure through the skin of that individual. another. (b) DEFINITIONS.—In this section— and credentialing requirements; and AMENDMENT NO. 712 (1) the term ‘‘Administrator’’ means the (B) to provide military spouses informa- (Purpose: To require a plan to meet the de- tion on the actions required to obtain occu- Administrator of the Small Business Admin- mand for cyberspace career fields in the re- istration; pational licenses or credentials in other serve components of the Armed Forces) States; (2) the term ‘‘covered small business con- (2) develop and maintain an Internet At the end of subtitle B of title V, add the cerns’’ means— website that serves as a one-stop resource on following: (A) HUBZone small business concerns; occupational licenses and credentials for SEC. lll. PLAN TO MEET DEMAND FOR CYBER- (B) small business concerns owned and con- military spouses that sets forth license and SPACE CAREER FIELDS IN THE RE- trolled by service-disabled veterans; credential requirements for common occupa- SERVE COMPONENTS OF THE (C) small business concerns owned and con- ARMED FORCES. tions in the States and provides assistance trolled by women; and and other resources for military spouses (a) PLAN REQUIRED.—Not later than one (D) socially and economically disadvan- seeking to obtain occupational licenses or year after the date of the enactment of this taged small business concerns, as defined in credentials in other States; and Act, the Secretary of Defense shall submit to section 8(a)(4)(A) of the Small Business Act (3) submit to the Committees on Armed Congress a report setting forth a plan for (15 U.S.C. 637(a)(4)(A)), receiving assistance Services of the Senate and the House of Rep- meeting the increased demand for cyber- under such section 8(a); and resentatives a report setting forth an assess- space career fields in the reserve components (3) the terms ‘‘HUBZone small business ment of the feasibility and advisability of of the Armed Forces. concern’’, ‘‘small business concern’’, ‘‘small the establishment of a joint Federal-State (b) ELEMENTS.—The plan shall take into business concern owned and controlled by task force dedicated to the elimination of account the following: service-disabled veterans’’, and ‘‘small busi- unnecessary or duplicative occupational li- (1) The availability of qualified local ness concern owned and controlled by censure and credentialing requirements workforces. women’’ have the meanings given those among the States, including through the use (2) Potential best practices of private sec- terms in section 3 of the Small Business Act of alternative, less restrictive and burden- tor companies involved in cyberspace and of (15 U.S.C. 632). some forms of occupational regulation. educational institutions with established (c) REPORT.— cyberspace-related academic programs. (1) IN GENERAL.—Not later than 180 days AMENDMENT NO. 601 (3) The potential for Total Force Integra- after the date of enactment of this Act, the tion throughout the defense cyber commu- Administrator shall submit to the Com- (Purpose: To require the Secretary of De- nity. mittee on Small Business and Entrepreneur- fense to declassify certain documents re- (4) Recruitment strategies to attract indi- ship of the Senate and the Committee on lated to incidents in which members of the viduals with critical cyber training and Small Business of the House of Representa- Armed Forces were exposed to toxic sub- skills to join the reserve components. tives a report that includes— stances) (c) METRICS.—The plan shall include appro- (A) a determination as to whether small At the end of subtitle G of title X, add the priate metrics for use in the evaluation of business concerns and each category of cov- following: the implementation of the plan. ered small business concerns described in

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subparagraphs (A) through (D) of subsection AMENDMENT NO. 908 SEC. ll. JOINT USE OF DOBBINS AIR RESERVE (b)(2) are being utilized in a significant por- (Purpose: To authorize the modification of BASE, MARIETTA, GEORGIA, WITH CIVIL AVIATION. tion of the Federal market on multiple the Second Division Memorial) award contracts, including— (a) IN GENERAL.—The Secretary of the Air At the end of subtitle D of title III, add the Force may enter into an agreement that (i) whether awards are being reserved for 1 following: or more of those categories; and would provide or permit the joint use of Dob- SEC. 3lll. MODIFICATION OF THE SECOND DI- bins Air Reserve Base, Marietta, Georgia, by (ii) whether each such category is being VISION MEMORIAL. the Air Force and civil aircraft. given the opportunity to perform on mul- (a) AUTHORIZATION.—The Second (b) CONFORMING REPEAL.—Section 312 of tiple award contracts; Indianhead Division Association, Inc., Schol- the National Defense Authorization Act, Fis- (B) a determination as to whether perform- arship and Memorials Foundation, an organi- cal Year 1989 (Public Law 100–456; 102 Stat. ance requirements for multiple award con- zation described in section 501(c)(3) of the In- 1950) is hereby repealed. tracts, as in effect on the day before the date ternal Revenue Code of 1986 and exempt from of enactment of this Act, are feasible and ap- taxation under section 501(a) of that Code, AMENDMENT NO. 945 propriate for small business concerns; and may place additional commemorative ele- (Purpose: To require information on Depart- (C) any additional information as the Ad- ments or engravings on the raised platform ment of Defense funding in Department ministrator may determine necessary. or stone work of the existing Second Divi- press releases and related public state- (2) REQUIREMENT.—In making the deter- sion Memorial located in President’s Park, ments on programs, projects, and activities minations required under paragraph (1), the between 17th Street Northwest and Constitu- funded by the Department) Administrator shall use information from tion Avenue in the District of Columbia, to At the end of subtitle A of title X, add the multiple award contracts— further honor the members of the Second In- following: (A) with varied assigned North American fantry Division who have given their lives in SEC. lll. INFORMATION ON DEPARTMENT OF Industry Classification System codes; and service to the United States. DEFENSE FUNDING IN DEPARTMENT (B) that were awarded by not less than 8 (b) APPLICATION OF COMMEMORATIVE WORKS PRESS RELEASES AND RELATED Federal agencies. ACT.—Chapter 89 of title 40, United States PUBLIC STATEMENTS ON PRO- Code (commonly known as the ‘‘Commemo- GRAMS, PROJECTS, AND ACTIVITIES AMENDMENT NO. 874 rative Works Act’’), shall apply to the design FUNDED BY THE DEPARTMENT. (Purpose: To limit authorized cost increases and placement of the commemorative ele- (a) INFORMATION REQUIRED.— in military construction projects) ments or engravings authorized under sub- (1) IN GENERAL.—Subchapter II of chapter At the end of subtitle A of title XXVIII, section (a). 134 of title 10, United States Code, is amend- add the following: (c) FUNDING.—Federal funds may not be ed by inserting after section 2257 the fol- used for modifications of the Second Divi- lowing new section: SEC. ll. AUTHORIZED COST INCREASES. sion Memorial authorized under subsection ‘‘§ 2258. Department of Defense press releases Section 2853 of title 10, United States Code, (a). and related public statements on Depart- is amended— AMENDMENT NO. 927 ment funded programs, projects, and activi- (1) in subsection (a), by inserting ‘‘by not (Purpose: Requiring a report on the avail- ties more than 10 percent’’ after ‘‘may be in- ability of postsecondary credit for skills ‘‘Any press release, statement, or other creased’’; and acquired during military service) (2) in subsection (c)— document issued to the public by the Depart- At the end of subtitle D of title V, add the (A) by striking ‘‘limitation on cost vari- ment of Defense that describes a program, following: ations’’ and inserting ‘‘limitation on cost de- project, or activity funded, whether in whole creases’’; and SEC. ll. REPORT ON AVAILABILITY OF POST- or in part, by amounts provided by the De- SECONDARY CREDIT FOR SKILLS AC- partment, including any project, project, or (B) in paragraph (1)— QUIRED DURING MILITARY SERVICE. (i) by striking ‘‘case of a cost increase or a activity of a foreign, State, or local govern- Not later than 60 days after the date of en- ment, shall clearly state the following: reduction’’ and inserting ‘‘case of a reduc- actment of this Act, the Secretary of De- tion’’; and ‘‘(1) That the program, project, or activity fense, in consultation with the Secretaries of is funded, in whole or in part (as applicable), (ii) in subparagraph (A)— Veterans Affairs, Education, and Labor, (I) by striking ‘‘cost increase or reduction by funds provided by the Department. shall submit to Congress a report on the ‘‘(2) An estimate of the amount of funding in scope, the reasons therefor,’’ and inserting transfer of skills into equivalent postsec- ‘‘reduction in scope, the reasons therefor, from the Department that the program, ondary credits or technical certifications for project, or activity currently receives.’’. and’’; and members of the armed forces leaving the (II) by striking ‘‘, and a description of the (2) CLERICAL AMENDMENT.—The table of military. Such report shall describe each the sections at the beginning of subchapter II of funds proposed to be used to finance any in- following: creased costs’’. chapter 134 of such title is amended by in- (1) Each skill that may be acquired during serting after the item relating to section 2257 AMENDMENT NO. 879 military service that is eligible for transfer the following new item: into an equivalent postsecondary credit or (Purpose: To amend title 46, United States technical certification. ‘‘2258. Department of Defense press releases Code, to provide greater flexibility to the (2) The academic level of the equivalent and related public statements Coast Guard in deciding the Federal dis- postsecondary credit or technical certifi- on Department funded pro- trict court in which to prosecute individ- cation for each such skill. grams, projects, and activi- uals engaged in drug trafficking) (3) Each academic institution that awards ties.’’. At the appropriate place, insert the fol- an equivalent postsecondary credit or tech- (b) EFFECTIVE DATE.—The amendments lowing: nical certification for such skills, includ- made by this section shall take effect on the SEC. ll. VENUE FOR PROSECUTION OF MARI- ing— date of the enactment of this Act, and shall TIME DRUG TRAFFICKING. (A) each such academic institution’s status apply with respect to programs, projects, and (a) IN GENERAL.—Section 70504(b) of title as a public or private institution, and as a activities funded by the Department of De- 46, United States Code, is amended to read as non-profit or for-profit institution; and fense with amounts authorized to be appro- follows: (B) the number of veterans that applied to priated for fiscal years after fiscal year 2018. ‘‘(b) VENUE.—A person violating section such academic institution who were able to AMENDMENT NO. 1006 70503 or 70508— receive equivalent postsecondary credits or (Purpose: To modernize Government infor- ‘‘(1) shall be tried in the district in which technical certifications in the preceding fis- mation technology, and for other purposes) cal year, and the academic level of the cred- such offense was committed; or (The amendment is printed in the ‘‘(2) if the offense was begun or committed its or certifications. upon the high seas, or elsewhere outside the (4) The number of members of the armed RECORD of September 13, 2017, under jurisdiction of any particular State or dis- forces who left the military in the preceding ‘‘Text of Amendments.’’) trict, may be tried in any district.’’. fiscal year, and the number of such members AMENDMENT NO. 1031 who met with an academic or technical (b) CONFORMING AMENDMENT.—Section (Purpose: To require a certification and re- 1009(d) of the Controlled Substances Import training advisor as part of the member’s par- port related to the enhanced multi mission and Export Act (21 U.S.C. 959(d)) is amend- ticipation in the Transition Assistance Pro- parachute system) gram of the Department of Defense. ed— At the end of subtitle C of title I, add the AMENDMENT NO. 943 (1) in the subsection title, by striking ‘‘; following: (Purpose: To authorize the Secretary of the VENUE’’; and SEC. lll. CERTIFICATION OF THE ENHANCED (2) by striking ‘‘Any person who violates Air Force to enter into an agreement pro- MULTI MISSION PARACHUTE SYS- this section shall be tried in the United viding for the joint use of Dobbins Air Re- TEM FOR THE UNITED STATES MA- States district court at the point of entry serve Base, Marietta, Georgia, with civil RINE CORPS. where such person enters the United States, aviation) (a) CERTIFICATION.—Not later than 90 days or in the United States District Court for the At the end of subtitle E of title XXVIII, after the date of the enactment of this Act, District of Columbia.’’. add the following: the Secretary of the Navy shall submit to

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the congressional defense committees a cer- (2) the current United Facilities Criteria AMENDMENT NO. 1050 tification— could be updated to ensure it provides mem- (Purpose: To increase funding for research, (1) whether either the Marine Corps’ cur- bers of the Armed Forces, their families, and development, test, and evaluation for his- rently fielded multi mission parachute sys- other Department of Defense personnel with torically Black colleges and universities tem or the Army’s RA–1 parachute system the most modern fire protection standards and other minority-serving institutions of meet the Marine Corps requirements; that are met by their civilian counterparts, higher education) (2) whether the Marine Corps’ PARIS, Spe- including requiring portable fire extin- At the end of subtitle C of title II of divi- cial Application Parachute meets the Marine guishers on military installations; sion A, add the following: Corps requirement; (3) United Facilities Criteria 3-600-01, Sec- (3) whether the testing plan for the en- tion 4-9, dated September 26, 2006, addresses SEC. lll. IMPORTANCE OF HISTORICALLY hanced multi mission parachute system the national and international standards for BLACK COLLEGES AND UNIVER- SITIES AND MINORITY-SERVING IN- meets all regulatory requirements; and fire safety and Department of Defense Facili- STITUTIONS. (4) whether the Department of the Navy ties; and (a) FINDINGS.—Congress finds that— has determined that a high glide canopy is as (4) the Secretary of Defense should con- (1) historically Black colleges and univer- safe and effective as the currently fielded sider amending the current United Facilities sities (HBCUs) and minority-serving institu- free fall parachute systems. Criteria Section 9-17.1 to address the stand- tions play a vital role in educating low-in- (b) REPORT.—Not later than 90 days after ards outlined by United Facilities Criteria 3- come and underrepresented students in areas the date of the enactment of this Act, the 600-01, Section 4-9, dated September 26, 2006. of national need; Secretary of the Navy shall submit to the (2) HBCUs and minority-serving institu- congressional defense committees a report AMENDMENT NO. 1038 tions presently are collaborating with the that includes— (Purpose: To ensure transparency in Department of Defense in research and devel- (1) an explanation for using the Parachute acquisition programs) opment efforts that contribute to the defense Industry Association specification for a mili- readiness and national security of the Na- tary parachute given that sports parachutes At the end of subtitle A of title VIII, add tion; are employed from relatively slow flying ci- the following: (3) by their research these institutions are vilian aircraft at altitudes below 10,000 feet; SEC. ll. ENSURING TRANSPARENCY IN ACQUI- helping to develop the next generation of sci- (2) a cost estimate for any new equipment SITION PROGRAMS. entists and engineers who will help lead the and training that the Marine Corps will re- Department of Defense in addressing high- quire in order to employ a high glide para- (a) IN GENERAL.—The Secretary of Defense priority national security challenges; and chute; shall establish and implement a policy that (4) it is important to further engage (3) justification of why the Department of will ensure the acquisition programs of HBCUs and minority-serving institutions in the Navy is not conducting any testing until major systems establish cost, schedule, and university research and innovation, espe- first article testing; and performance goals at the onset of the pro- cially in prioritizing software development (4) an assessment of the risks associated gram. The policy shall also ensure that ac- and cyber security by utilizing existing De- with high glide canopies with a focus on how quisition programs of major systems report partment of Defense labs, and collaborating the Department of the Navy will mitigate on the original cost, schedule, and perform- with existing programs that help attract the risk for malfunctions experienced in ance goals throughout the program to ensure candidates, including programs like the Air other high glide canopy programs. transparency. Force Minority Leaders Programs, which re- AMENDMENT NO. 1033 (b) MAJOR SYSTEM DEFINED.—In this sec- tion, the term ‘‘major system’’ has the cruit Americans from diverse background to (Purpose: To require a report related to the serve their country through service in our E–8C JSTARS recapitalization program) meaning given the term in section 2302d of title 10, United States Code. Nation’s military. At the end of subtitle D of title I, add the (b) INCREASE.—Funds authorized to be ap- following: AMENDMENT NO. 1039 propriated in Research, Development, Test, SEC. ll. REQUIREMENT FOR CONTINUATION OF and Evaluation, Defense-wide, PE 61228D8Z, (Purpose: To devolve acquisition authority E–8 JSTARS RECAPITALIZATION section 4201, for Basic Research, Historically from the Office of the Secretary of Defense PROGRAM. Black Colleges and Universities/Minority In- to the military services) If the Secretary of the Air Force proposes stitutions, Line 006, are hereby increased by in a budget request to cancel or modify the At the end of subtitle C of title VIII, add $12,000,000. current E–8C JSTARS recapitalization pro- the following: (c) OFFSET.—Funding in section 4101 for gram as presented to Congress in May 2017, Other Procurement, Army, for Automated ll the Secretary of Defense shall submit a re- SEC. . ROLE OF THE CHIEF OF THE ARMED Data Processing Equipment, Line 108, is FORCE IN MATERIAL DEVELOPMENT port at the same time as the Secretary of the hereby reduced by $12,000,000. Air Force makes such a request budget re- DECISION AND ACQUISITION SYS- quest. That report shall set forth the fol- TEM MILESTONES. AMENDMENT NO. 1055 lowing: Section 2547(b) of title 10, United States (Purpose: To require a report on cyber (1) The rationale and appropriate sup- Code, is amended— applications of blockchain technology) porting analysis for the proposed cancella- (1) by striking ‘‘The Secretary’’ and insert- At the end of subtitle C of title XVI, add tion or modification. ing ‘‘(1) The Secretary’’; and the following: (2) An assessment of the implications of (2) by adding at the end the following new SEC. 1630C. REPORT ON CYBER APPLICATIONS such cancellation or modification for the Air paragraph: OF BLOCKCHAIN TECHNOLOGY. Force, Air National Guard, Army, Army Na- ‘‘(2) Consistent with the performance of du- (a) REPORT REQUIRED.—Not later than 180 tional Guard, Navy and Marine Corps, and ties under subsection (a), the Chief of the days after the date of the enactment of this combatant commands’ mission needs. armed force concerned, with respect to Act, the Secretary of Defense, in consulta- (3) A certification that such cancellation major defense acquisition programs, shall— tion with the heads of such other agencies or modification of the previous recapitaliza- ‘‘(A) concur with the need for a material and departments as the Secretary considers tion program plan would not result in an in- solution as identified in the Material Devel- appropriate, shall submit to the appropriate creased time during which there is a capa- opment Decision Review prior to entry into committees of Congress a report on the po- bility gap in providing Battlefield Manage- the Material Solution Analysis Phase under tential offensive and defensive cyber applica- ment, Command and Control/Intelligence, Department of Defense Instruction 5000.02; tions of blockchain technology and other dis- Surveillance, and Reconnaissance (BMC2/ ‘‘(B) concur with the cost, schedule, tech- tributed database technologies and an as- ISR) to the combatant commanders. nical feasibility, and performance trade-offs sessment of efforts by foreign powers, ex- (4) Such other matters relating to the pro- that have been made with regard to the pro- tremist organizations, and criminal net- posed cancellation or modification as the gram before Milestone A approval is granted works to utilize these technologies. Such re- Secretary considers appropriate. under section 2366a of this title; port shall also include an assessment of the AMENDMENT NO. 1034 ‘‘(C) concur that appropriate trade-offs use or planned use of blockchain tech- (Purpose: To express the sense of Congress among cost, schedule, technical feasibility, nologies by the United States Government or regarding fire protection in Department of and performance objectives have been made critical infrastructure networks and the Defense facilities) to ensure that the program is affordable vulnerabilities of such networks to cyber at- At the appropriate place, insert the fol- when considering the per unit cost and the tacks. lowing: total life-cycle cost before Milestone B ap- (b) FORM OF REPORT.—The report required SEC. ll. SENSE OF CONGRESS ON FIRE PROTEC- proval is granted under section 2366b of this by (a) may be submitted— TION IN DEPARTMENT OF DEFENSE title; and (1) in classified form; or FACILITIES. ‘‘(D) concur that the requirements in the (2) in unclassified form with a classified It is the sense of Congress that— program capability document are necessary annex. (1) portable fire extinguishers are essential and realistic in relation to program cost and (c) APPROPRIATE COMMITTEES OF CONGRESS to the safety of members of the Armed fielding targets as required by paragraph (1) DEFINED.—In this section, the term ‘‘appro- Forces and their families; before Milestone C approval is granted.’’. priate committees of Congress’’ means—

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.048 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5795 (1) the Committee on Armed Services, the than an item or process developed under a (B) A cost-benefit analysis of each such Select Committee on Intelligence, and the contract or subcontract to which regulations site, including tactical, operational, and Committee on Homeland Security and Gov- under section 9(j)(2) of the Small Business cost-to-construct considerations. ernmental Affairs of the Senate; and Act (15 U.S.C. 638(j)(2)) apply); and (C) A description of any completed and (2) Committee on Armed Services, the Per- (B) does not include Commercial Off-The- outstanding environmental assessments or manent Select Committee on Intelligence, Shelf software, or packaged software devel- impact statements for each such site. and the Committee on Homeland Security of oped exclusively at private expense, whether (D) A description of the existing capacity the House of Representatives. delivered as a Cloud Service, in binary form, of the missile fields at Fort Greely and the AMENDMENT NO. 1063 or by any other means of software delivery. infrastructure requirements needed to in- (Purpose: To modify the definition of AMENDMENT NO. 1073 crease the number of ground-based intercep- custom-developed computer software) (Purpose: To improve section 1653, relating tors to 20 ground-based interceptors each. (E) A description of the additional infra- In section 886, beginning in the new section to ground-based interceptor capability, ca- structure and components needed to further 2320a of title 10, United States Code, as added pacity, and reliability) outfit missile fields at Fort Greely before by subsection (a)(1) of such section 886, Strike section 1653 and insert the fol- emplacing additional ground-based intercep- strike subsection (c) of such section 2320a lowing: and all that follows through the end of sub- tors configured with the redesigned kill vehi- SEC. 1653. GROUND-BASED INTERCEPTOR CAPA- cle, including with respect to ground exca- section (d)(1) of such section 886 and insert BILITY, CAPACITY, AND RELI- the following: ABILITY. vation, silos, utilities, and support equip- ‘‘(c) APPLICABILITY TO EXISTING SOFT- (a) SENSE OF THE SENATE.—It is the sense ment. WARE.—The Secretary of Defense shall, of the Senate that it is the policy of the (F) A cost estimate of such infrastructure where appropriate— United States to maintain and improve, with and components. ‘‘(1) seek to negotiate open source licenses the allies of the United States, an effective, (G) An estimated schedule for completing to existing custom-developed computer soft- robust layered missile defense system capa- such construction as may be required for ware with contractors that developed it; and ble of defending the citizens of the United such infrastructure and components. ‘‘(2) release related source code and tech- States residing in territories and States of (H) An identification of any environmental nical data in a public repository location ap- the United States, allies of the United assessments or impact studies that would proved by the Department of Defense. States, and deployed Armed Forces of the need to be conducted to expand such missile ‘‘(d) DEFINITIONS.—In this section: United States. fields at Fort Greely beyond current capac- ‘‘(1) CUSTOM-DEVELOPED COMPUTER SOFT- (b) INCREASE IN CAPACITY AND CONTINUED ity. WARE.—The term ‘custom-developed com- ADVANCEMENT.—The Secretary of Defense (I) An operational evaluation and cost puter software’— shall— analysis of the deployment of transportable ‘‘(A) means human-readable source code, (1) subject to the annual authorization of ground-based interceptors, including an including segregable portions thereof, that appropriations and the annual appropriation identification of potential sites, including in is— of funds for National Missile Defense, in- the eastern United States and at Vandenberg ‘‘(i) first produced in the performance of a crease the number of United States ground- Air Force Base, and an examination of any Department of Defense contract, grant, coop- based interceptors, unless otherwise directed environmental, legal, or tactical challenges erative agreement, or other transaction; or by the Ballistic Missile Defense Review, by associated with such deployments, including ‘‘(ii) developed by a contractor or subcon- up to 28; to any sites identified in subparagraph (A). tractor exclusively with Federal funds (other (2) develop a plan to further increase such (J) A determination of the appropriate than an item or process developed under a number to the currently available missile fleet mix of ground-based interceptor kill ve- contract or subcontract to which regulations field capacity of 104 and to plan for any fu- hicles and boosters to maximize overall sys- under section 9(j)(2) of the Small Business ture capacity at any site that may be identi- tem effectiveness and increase its capacity Act (15 U.S.C. 638(j)(2)) apply); and fied by the Ballistic Missile Defense Review; and capability, including the costs and bene- ‘‘(B) does not include Commercial Off-The- and fits of continued inclusion of capability en- Shelf software, or packaged software devel- (3) continue to rapidly advance missile de- hancement II (CE-II) Block 1 interceptors oped exclusively at private expense, whether fense technologies to improve the capability after the fielding of the redesigned kill vehi- delivered as a Cloud Service, in binary form, and reliability of the ground-based mid- cle. or by any other means of software delivery. course defense element of the ballistic mis- (K) A description of the planned improve- sile defense system. ‘‘(2) TECHNICAL DATA.—The term ‘technical ments to homeland ballistic missile defense (c) DEPLOYMENT.—Not later than December data’ has the meaning given the term in sec- sensor and discrimination capabilities and 31, 2021, the Secretary of Defense shall— tion 2302 of this title.’’. an assessment of the expected operational (1) execute any requisite construction to (2) CLERICAL AMENDMENT.—The table of benefits of such improvements to homeland ensure that Missile Field 1 or Missile Field 2 sections at the beginning of such chapter is ballistic missile defense. at Fort Greely or alternative missile fields amended by adding after the item relating to (L) The benefit of supplementing ground- at Fort Greely which may be identified pur- section 2320 the following new item: based midcourse defense elements with suant to subsection (b), are capable of sup- ‘‘2320a. Use of open source software.’’. other, more distributed, elements, including porting and sustaining additional ground- both Aegis ships and Aegis Ashore installa- (b) PRIZE COMPETITION.—The Secretary of based interceptors; Defense shall create a prize for a research tions with Standard Missile-3 Block IIA and (2) deploy up to 14 additional ground-based and develop program or other activity for other interceptors in Hawaii and at other lo- interceptors to Missile Field 1 or up to 20 ad- identifying, capturing, and storing existing cations for homeland missile defense. ditional ground-based interceptors to an al- Department of Defense custom-developed (3) FORM.—The report submitted under ternative missile field at Fort Greely as soon computer software and related technical paragraph (1) shall be submitted in unclassi- data. The Secretary of Defense shall create as technically feasible; and fied form, but may include a classified an additional prize for improving, (3) identify a ground-based interceptor annex. stockpile storage site for the remaining repurposing, or reusing software to better AMENDMENT NO. 1086 support the Department of Defense mission. ground-based interceptors required by sub- section (b). (Purpose: To authorize $600,000,000 in in- The prize programs shall be conducted in ac- creased funding for the procurement of one cordance with section 2374a of title 10, (d) REPORT.— (1) IN GENERAL.—Unless otherwise directed Littoral Combat Ship for the Navy above United States Code. the President’s budget request) (c) REVERSE ENGINEERING.—The Secretary or recommended by the Ballistic Missile De- of Defense shall task the Defense Advanced fense Review (BMDR), the Director of the In the funding table in section 4101, in the Research Program Agency with a project to Missile Defense Agency shall submit to the item relating to Littoral Combat Ship, in- identify methods to locate and reverse engi- congressional defense committees, not later crease the amount in the Senate Authorized neer Department of Defense custom-devel- than 90 days after the completion of the Bal- column by $600,000,000. In line 999 of the funding table in section oped computer software and related tech- listic Missile Defense Review, a report on op- 4301, in the item relating to fuel savings, in- nical data for which source code is unavail- tions to increase the capability, capacity, crease the reduction by $600 million. able. and reliability of the ground-based mid- (d) DEFINITIONS.—In this section: course defense element of the ballistic mis- AMENDMENT NO. 1096 (1) CUSTOM-DEVELOPED COMPUTER SOFT- sile defense system and the infrastructure (Purpose: To prohibit multichannel video WARE.—The term ‘‘custom-developed com- requirements for increasing the number of programming distributors from being re- puter software’’— ground-based interceptors in currently fea- quired to carry certain video content that (A) means human-readable source code, in- sible locations across the United States. is owned or controlled by the Government cluding segregable portions thereof, that is— (2) CONTENTS.—The report required by of the Russian Federation) (i) first produced in the performance of a paragraph (1) shall include the following: At the end of subtitle G of title X, add the Department of Defense contract, grant, coop- (A) An identification of potential sites in following: erative agreement, or other transaction; or the United States, whether existing or new SEC. lllll. CARRIAGE OF CERTAIN PRO- (ii) developed by a contractor or subcon- on the East Coast or in the Midwest, for the GRAMMING. tractor exclusively with Federal funds (other deployment of 104 ground-based interceptors. (a) DEFINITIONS.—In this section—

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.055 S18SEPT1 S5796 CONGRESSIONAL RECORD — SENATE September 18, 2017 (1) the term ‘‘local commercial television Mr. ENZI. I ask for the yeas and consider Calendar No. 176, William J. station’’ has the meaning given the term in nays. Emanuel. section 614(h) of the Communications Act of The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The 1934 (47 U.S.C. 534(h)); sufficient second? question is on agreeing to the motion. (2) the term ‘‘multichannel video program- There appears to be a sufficient sec- The motion was agreed to. ming distributor’’ has the meaning given the ond. The PRESIDING OFFICER. The term in section 602 of the Communications clerk will report the nomination. Act of 1934 (47 U.S.C. 522); The clerk will call the roll. (3) the term ‘‘qualified noncommercial edu- The bill clerk called the roll. The bill clerk read the nomination of cational television station’’ has the meaning Mr. CORNYN. The following Senators William J. Emanuel, of California, to given the term in section 615(l) of the Com- are necessarily absent: the Senator be a Member of the National Labor Re- munications Act of 1934 (47 U.S.C. 535(l)); from Florida (Mr. RUBIO) and the Sen- lations Board for the term of five years (4) the term ‘‘retransmission consent’’ ator from South Carolina (Mr. GRA- expiring August 27, 2021. means the authority granted to a multi- HAM). CLOTURE MOTION channel video programming distributor Further, if present and voting, the Mr. MCCONNELL. Mr. President, I under section 325(b) of the Communications Senator from Florida (Mr. RUBIO) send a cloture motion to the desk. Act of 1934 (47 U.S.C. 325(b)) to retransmit The PRESIDING OFFICER. The clo- the signal of a television broadcast station; would have voted ‘‘yea’’. and Mr. DURBIN. I announce that the ture motion having been presented (5) the term ‘‘television broadcast station’’ Senator from New Jersey (Mr. MENEN- under rule XXII, the Chair directs the has the meaning given the term in section DEZ) is necessarily absent. clerk to read the motion. 76.66(a) of title 47, Code of Federal Regula- The PRESIDING OFFICER. Are there The bill clerk read as follows: tions. any other Senators in the Chamber de- CLOTURE MOTION (b) CARRIAGE OF CERTAIN CONTENT.—Not- siring to vote? We, the undersigned Senators, in accord- withstanding any other provision of law, a The result was announced—yeas 89, ance with the provisions of rule XXII of the multichannel video programming distributor Standing Rules of the Senate, do hereby may not be directly or indirectly required, nays 8, as follows: move to bring to a close debate on the nomi- including as a condition of obtaining re- [Rollcall Vote No. 199 Leg.] nation of William J. Emanuel, of California, transmission consent, to— YEAS—89 to be a Member of the National Labor Rela- (1) carry non-incidental video content from tions Board. a local commercial television station, quali- Alexander Feinstein Murray Baldwin Fischer Nelson Mitch McConnell, John Hoeven, Joni fied noncommercial educational television Barrasso Flake Perdue Ernst, Thom Tillis, Steve Daines, Mike station, or television broadcast station to Bennet Franken Peters Crapo, Jerry Moran, Tom Cotton, the extent that such content is owned, con- Blumenthal Gardner Portman Roger F. Wicker, Pat Roberts, James trolled, or financed (in whole or in part) by Blunt Grassley Reed M. Inhofe, Johnny Isakson, John Cor- the Government of the Russian Federation; Booker Harris Risch Boozman Hassan nyn, James Lankford, John Boozman, or Roberts James E. Risch, John Thune. (2) lease, or otherwise make available, Brown Hatch Rounds Burr Heinrich Sasse Mr. MCCONNELL. Mr. President, I channel capacity to any person for the provi- Cantwell Heitkamp Schatz ask unanimous consent that the man- sion of video programming that is owned, Capito Heller Schumer controlled, or financed (in whole or in part) Cardin Hirono datory quorum call be waived. Scott Carper Hoeven Is there objection? by the Government of the Russian Federa- Shaheen Casey Inhofe Without objection, it is so ordered. tion. Shelby (c) RULE OF CONSTRUCTION.—Nothing in Cassidy Isakson The Senator from Illinois. Cochran Johnson Stabenow this section may be construed as applying to Strange HEALTHCARE the editorial use by a local commercial tele- Collins Kaine Coons Kennedy Sullivan Mr. DURBIN. Mr. President, the Sen- vision station, qualified noncommercial edu- Cornyn King Tester ate has spent a great deal of time over cational television station, or television Thune Cortez Masto Klobuchar the last 6 or 7 months on healthcare in broadcast station of programming that is Cotton Lankford Tillis owned, controlled, or financed (in whole or in Crapo Manchin Toomey America. For years after the passage of part) by the Government of the Russian Fed- Cruz Markey Udall the Affordable Care Act, the Repub- eration. Daines McCain Van Hollen lican Party—the House and Senate— Donnelly McCaskill Warner AMENDMENT NO. 1032 Duckworth McConnell Warren has called for repeal of the bill. Yet, (Purpose: To prohibit the availability of Durbin Moran Whitehouse when the time came, with the majority funds for retirement of E–8 JSTARS aircraft) Enzi Murkowski Wicker of Republicans in the House and the At the end of subtitle D of title I, add the Ernst Murphy Young Senate and, of course, a Republican following: NAYS—8 President, and the task was imme- SEC. lll. PROHIBITION ON AVAILABILITY OF Corker Lee Sanders diately before them, they faltered be- FUNDS FOR RETIREMENT OF E–8 Gillibrand Merkley Wyden JSTARS AIRCRAFT. cause they didn’t have a replacement. Leahy Paul (a) PROHIBITION ON AVAILABLE OF FUNDS They didn’t have something to propose FOR RETIREMENT.—Except as provided by NOT VOTING—3 that was better. As a consequence, subsection (b), none of the funds authorized Graham Menendez Rubio their efforts stopped short—one vote to be appropriated by this Act or otherwise short—on the floor of the Senate sev- made available for fiscal year 2018 for the Air The bill (H.R. 2810), as amended, was passed. eral weeks ago. Force may be obligated or expended to re- We still face some significant chal- tire, or prepare to retire, any E-8 Joint Sur- The PRESIDING OFFICER. The ma- veillance Target Attack Radar System air- jority leader. lenges. Some of those are very imme- craft. Mr. MCCONNELL. Mr. President, I diate. Before the end of September, we will (b) EXCEPTION.—The prohibition in sub- ask unanimous consent that H.R. 2810, section (a) shall not apply to individual face the prospect of needing to reau- as amended, be printed as passed by the Joint Surveillance Target Attack Radar Sys- thorize the Children’s Health Insurance Senate. tem aircraft that the Secretary of the Air Program, known as CHIP. This pro- Force determines, on a case-by-case basis, to The PRESIDING OFFICER. Is there gram provides health insurance cov- be non-operational because of mishaps, other objection? damage, or being uneconomical to repair. Without objection, it is so ordered. erage for more than 9 million children and pregnant women across the coun- Mr. MCCAIN. Mr. President, I yield (The bill, H.R. 2810, as amended, will back my remaining time. be printed in a future edition of the try—350,000 in my State. This vital pro- The PRESIDING OFFICER. All RECORD.) gram, the CHIP program, has had two decades of broad bipartisan support, postcloture time has expired. f The amendments were ordered to be and it is going to expire in 12 days. engrossed and the bill to be read a EXECUTIVE SESSION The good news is that the Finance third time. Committee chairman, ORRIN HATCH of The bill was read the third time. Utah, and his ranking member, RON The PRESIDING OFFICER. The bill EXECUTIVE CALENDAR WYDEN of Oregon, have reached a bipar- having been read the third time, the Mr. MCCONNELL. Mr. President, I tisan agreement on a 5-year reauthor- question is, Shall it pass? move to proceed to executive session to ization of the CHIP program.

VerDate Sep 11 2014 06:19 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.059 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5797 The bad news is that instead of pre- marketplace, with more than 50 per- their copayments and deductibles on serving healthcare for low-income chil- cent of these people receiving some their health insurance policies. The dren and pregnant women, the Senate subsidies to help pay for costs. How- current Trump administration has re- Republican leadership seems more in- ever, many of these people are seeing peatedly threatened to stop the pay- terested in the next 12 days in calling dramatic increases in premiums. We ments. As a result, individual market a different issue—a different bill—alto- know that, and we know it is a chal- premiums keep going up because of the gether, the Graham-Cassidy bill, relat- lenge and one we need to address. uncertainty of whether the government ing to health insurance across Amer- Here is the good news—and it is time is going to keep its promise to make ica. That bill would take health insur- for some good news when it comes to these cost-reduction subsidies. ance coverage away from millions of healthcare. Almost from the minute I remember the commissioner from Americans, including 1 million in the that the critical vote was cast ending the State of South Carolina told us, I State of Illinois. the repeal of ObamaCare, meetings say to the Senator from Oregon, who is From where I am sitting, reauthor- started taking place. I can recall, as our ranking Democrat on the Finance izing the CHIP program is a priority to the Senate was adjourning, I looked Committee—he said: I am going to an- not only serve the 9 million children back by the cloakroom, and there was nounce a 30-percent increase in health and pregnant women across our coun- Senator LAMAR ALEXANDER and Sen- insurance premiums. If I knew that try but 350,000 in my State. ator PATTY MURRAY talking in the these cost-sharing reduction subsidies There is another bill we need to reau- middle of the night—about 3 o’clock in were coming, it would be 10 percent. I thorize before the end of September: the morning. I later learned that they can eliminate 20 percent of the antici- the funding of our Nation’s community had reached an agreement between pated increase in premium costs if health centers. Like CHIP, funding for them—a Republican, a Democrat—on these subsidies come through. community health centers expires at the HELP Committee to start a series It is pretty clear to me, this is sound the end of this month—in just a few of hearings about what we could do as policy, on a bipartisan basis, which days. Also like CHIP, community a Senate to actually strengthen the would have a dramatic impact in re- health centers have enjoyed decades of healthcare system in America. That ducing the cost of premiums to many broad bipartisan support. We have was before our August recess. individuals. That came through loud 10,000 community health centers across When we got back from recess, they and clear in every meeting we had with our country. They serve 26 million had kept their word. I attended three Senators MURRAY and ALEXANDER. Americans. Community health centers or four of the Member hearings, which The second thing they talked about serve 1 out of every 10 children, 1 in 6 they held before the official public was State reinsurance. I don’t under- hearings a little later in the morning. Americans living in rural areas, and stand that as well as some, but it has These were good meetings. At the first more than 330,000 of our Nation’s vet- worked in States where the State picks one, I recall Senator ALEXANDER saying erans. up a share of the liability for health in- Illinois’ 52 health center organiza- 53 Senators—Democrats and Repub- surance between certain dollar tions receive $150 million in Federal licans—showed up for coffee and dough- amounts so the private insurance com- funding in order to provide care to the nuts to meet with insurance commis- panies don’t end up with that burden. 1.3 million people in 360 locations in sioners from five different States. Just Because of this reinsurance, they are a few days after that, there was an- the State of Illinois. I have been to able to keep premium costs down. other coffee-and-doughnut session, an- The third thing is to provide States many of these locations, and I have other good bipartisan turnout of Sen- with more flexibility without under- said in real candor and honesty that if ators as we sat down with five Gov- mining some really fundamental I had a medical issue or if there were ernors, Democrats and Republicans, issues—without undermining, for ex- one in my family, I would enter the who talked about health insurance. A ample, the preexisting condition pro- community health centers in my State few days later, another meeting took tection we currently have. with confidence that I and my family place where experts came in and talked I left those meetings feeling encour- would receive the very best of care. about the subject. aged. After 7 months of bitter political They are outstanding organizations. I felt there was more accomplished in rhetoric, which led to nothing on the If Congress doesn’t act within 12 those 3 hours with those outstanding floor of the Senate, we were finally sit- days, community health centers in my witnesses from across the country than ting down, on a bipartisan basis, with State and across the Nation will see all of the time we had spent giving Democrats and Republicans all across their funding cut by 70 percent. That speeches to one another on the floor of our country with specific suggestions dramatic funding cut would result in the Senate in the previous 7 months. It which could help our healthcare sys- 2,800 community health centers closing was interesting. We brought in these tem. That, to me, is the way to move across America, 50,000 jobs lost, and 9 people from different States, different forward. That, to me, is the lesson million people losing access to political parties, and they virtually learned from much wasted time so far healthcare. had the same thing to tell us. There this year. Unfortunately, this whole ef- Well, there is good news here as well. were a handful of things which we fort may be derailed. Because of Senators BLUNT and STABE- could do that could make an imme- Senators CASSIDY and GRAHAM have NOW taking the lead, they are pushing diate, positive impact to make the cost come up with a legislative alternative for swift reauthorization of community of health insurance a lot more predict- they want to move forward. Unfortu- health center funding. But the problem able—not to say we are going to bring nately, the measure they have pro- is that there is another bill—the Gra- it down—I don’t want to be overprom- posed has not been scored by the Con- ham-Cassidy bill—which has captured ising—but to slow the rate of growth in gressional Budget Office nor carefully the attention and apparently the cal- health insurance costs as well as pro- measured to find out what impact it endar time for the Senate—at least vide stability in the insurance market. would have on the American that is the possibility we hear. So why Here are the things that came out healthcare system, which accounts for shouldn’t Congress be spending the loud and clear from these bipartisan one-sixth of the American national next 12 crucial days reauthorizing the Senate meetings. economy. Children’s Health Insurance Program First, they told us to stop playing Here is what we know about the Cas- across America and making certain our games with cost-sharing reduction sub- sidy and Graham proposal. What they community health centers don’t lose sidies. These are subsidies to insurance are suggesting is basically eliminating the critical Federal funding they need companies that take on individuals the subsidies which help individuals to serve so many people? with expensive health histories. These pay for private health insurance and Right now, we know we face some insurance companies are given support bringing to a halt the Medicaid expan- challenges when it comes to the health by subsidies so that they can keep the sion which has covered millions of insurance market in America. Approxi- premium costs for these individuals Americans and given them health in- mately 6 percent of Americans—3 per- under control. surance. cent of people in my State—purchase These cost-sharing reduction sub- What they say instead is something their health insurance in the individual sidies help 7 million Americans afford which has been said many times on the

VerDate Sep 11 2014 06:19 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.025 S18SEPT1 S5798 CONGRESSIONAL RECORD — SENATE September 18, 2017 floor: We will just give all the money Remember when JOHN MCCAIN came Senate to understand is this Cassidy to the Governors, and they will figure to the floor after he had been diagnosed bill, which we will soon be considering, it out. They will figure out how to save with the cancer he is battling now. He is much worse. The reason I say that is, money in their States. It turns out, came here and cast a crucial vote to this bill lowers the bar for legislation Governors of both political parties proceed to debate this whole issue of which has been hastily written and ill- warn us: If you are going to give us a healthcare. Then he asked to speak for considered. I want to be clear. This set amount of money as the cost of 15 minutes, and I stayed in my chair. I Cassidy bill will flunk the Jimmy Kim- healthcare continues to go up, don’t wanted to hear it. He reminded us of mel test of not hurting kids in America expect us to cover as many people or the importance of doing things on a bi- with preexisting conditions. provide as good a coverage if we do it partisan basis and doing them thought- To make matters worse, just this on a State-by-State basis. fully when it comes to something as evening, I have been informed that the So who supports this new Cassidy- important as healthcare. Let us keep Senate Finance Committee will shortly Graham approach and who opposes it? that speech by JOHN MCCAIN and that announce a hearing for next Monday on Every single medical advocacy group— lesson in mind. Let us resist this Cas- the Graham-Cassidy-Heller proposal. the hospitals, the doctors, the nurses— sidy-Graham approach, which has no Contrary to the norms of the Senate all across America oppose this Cassidy- support when it comes to the medical Finance Committee, I was not con- Graham approach, as well as the med- community, and instead work on the sulted in this matter as the ranking ical advocacy groups, because they un- bipartisan approach from ALEXANDER Democrat. I am all for debating major derstand their approach would allow and MURRAY, together with the Fi- legislation, but talking about a piece discrimination against individuals in- nance Committee—which I know Sen- of legislation which will not have the sured based on a history of preexisting ator WYDEN is going to address next— Congressional Budget Office—our inde- conditions—going back to the bad old so we can have a bipartisan solution. pendent arbiter of these matters—give days before we passed the Affordable The American people sent us here to us their thoughts on coverage or pre- Care Act. solve problems, not to create them. mium matters less than 48 hours before The Cassidy-Graham approach, which Cassidy-Graham creates problems. a vote is scheduled to happen is a sham they brought to us, doesn’t add up. If Let’s find solutions which solve prob- process, which makes a mockery of the you take $300 billion or $400 billion out lems. very eloquent words of our colleague of this healthcare system, dump it into Mr. President, I yield the floor. from Arizona Senator MCCAIN, who ap- the laps of Governors across this coun- The PRESIDING OFFICER. The Sen- pealed for the regular way in which the try and say, ‘‘Good luck. Do it on a ator from Oregon. Senate handles legislation. local basis. I am sure it will all work Mr. WYDEN. Mr. President, before This means Senators will not know out,’’ they will quickly tell you, as the Senator leaves the floor, I just how many millions of Americans are they have had in the bipartisan meet- want to draw attention to the central going to wake up not knowing if they ings we have had, it will not work. It point the Senator from Illinois has have healthcare, how many seniors does not compute. It may be able to been making tonight. He has been fo- would get kicked out of a nursing home check the box from some things to re- cused on what our duties to the Amer- or see their core healthcare needs not peal the Affordable Care Act, but they ican people are all about, which is to met. How much will Americans’ pre- certainly didn’t replace it with any- make their lives better and particu- miums go up? Senate Republicans have thing of equal or better value. The op- larly to improve the quality of their no answers on any of these matters. posite is true. That is why I think we healthcare, which is a lifeline for mil- What Graham-Cassidy-Heller does do ought to think twice. lions of families. is give a super block grant blank check There is a mad dash now in the last Now, instead of looking at bipartisan to the States. They can do whatever 12 days to do many things. From a po- approaches to make the lives of our they want—whatever they want—in litical viewpoint, there is a limited op- people better—Chairman HATCH and I terms of Americans’ healthcare, and it portunity for this repeal effort. That introduced the children’s health bill guts the funding for those block grants 12-day period is a limited window under today. Nine million youngsters with over a very short period of time. This the Senate rules of reconciliation. It is that program get better health. Instead will mean a whale of a lot of pain for a mistake, as far as I am concerned, for of focusing on that, as my colleague vulnerable people and an open door to us to move toward Cassidy-Graham— from Illinois has said, we are going to some of the worst abuses of insurance concepts which have been roundly op- be looking at a bill that will hurt our companies, the abuses we thought we posed in my State and across the Na- people, will give them worse had gotten rid of. Democrats and Re- tion, concepts which have failed on the healthcare, will go backward with re- publicans thought we had gotten rid of floor of the Senate. spect to the march in our country to them back when I introduced a bill Let us roll up our sleeves and do make sure we recognize that all our with seven Democrats and seven Re- three things that do make sense: Let’s people—all our people—deserve quality publicans. Now we are talking about reauthorize the Children’s Health In- and affordable healthcare. bringing them back. This bill amounts surance Program. Let’s make sure I particularly appreciate my col- to the largest healthcare devolution, those kids and their pregnant moms league pointing out the contrast be- moving power without any account- are going to have the basic coverage tween where we ought to go with a bi- ability at all to the States. they have enjoyed for almost 20 years. partisan proposal like the children’s Now, if I might get into some of the Let’s also reauthorize the commu- health plan and where we shouldn’t specifics. This bill does especially seri- nity health centers. We know they go—which is the Graham-Cassidy-Hell- ous damage to Medicaid. In fact, it work. We know when people have a er proposal which is going to go back- really hollows out the Medicaid Pro- medical home, they are less likely to ward with respect to the healthcare gram. let medical conditions get worse and needs of our people. This year’s debate over healthcare more expensive. That, to me, is a good The fact is, Graham-Cassidy-Heller made one thing quite clear: Medicaid investment to make sure they con- has been exposed to sunlight for just a matters. It pays for the healthcare of tinue. few days, but it is already clear this our most vulnerable. It serves as a Finally, let’s turn toward a real bi- legislation is a bad deal for the Amer- safety net for those who might not partisan effort, a measure which can ican people. think they are ever going to need it. It emerge soon—I hope within days—from Now, Senator CASSIDY has introduced covers nursing home care for older peo- Senators MURRAY and ALEXANDER on a healthcare bills before. Earlier this ple who spend down hard-earned sav- bipartisan basis. I know they are still year, he introduced a bill with our col- ings. It pays for critically needed ad- working on it. They haven’t reached a league from Maine, Senator COLLINS, diction treatment services for those final agreement on what they are as an alternative to what the Senate who struggle with opioids. We know doing, but I hope all of us, in both po- Republican leadership put on offer. that is what millions of Americans are litical parties, will encourage them to Now, I had my concerns with that pro- facing now. It helps Americans with do the right thing. posal, but the first thing I want the disabilities and kids with special needs

VerDate Sep 11 2014 06:19 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.026 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5799 live a healthier, more productive life in loopholes for insurance companies bipartisanship to take the country in their communities rather than in insti- that, as I described, we thought we had the right direction rather than in the tutions. closed, thought we had finally closed wrong direction. Instead, it doesn’t That is just a little bit of the good the book on the days when healthcare look as though that is going to be on Medicaid does for folks from Portland, wasn’t just for the healthy and offer any time soon. What is going to OR, to Portland, ME. Under the Gra- wealthy. That is what happened when be on offer is a proposal that turns ham-Cassidy-Heller proposal, that is we had discrimination against those back the clock, guts Medicaid, harms gone—simply gone. The plan ends ex- with preexisting conditions. If you had seniors, harms the vulnerable, and I panded Medicaid coverage which 11 a preexisting condition and you were think would be a major mistake. million Americans count on right now. wealthy—just pay the bill. If you didn’t My bottom line has long been that It caps Medicaid and guts hundreds of have any preexisting conditions, there for changes to the healthcare system billions of dollars in support from the was nothing to worry about. to be sustainable and lasting, they Federal Government. In effect, it is For the millions of people who fi- have to be bipartisan. That is why I like telling States, good luck, and tell- nally got some peace of mind at night mentioned an effort that I was involved ing them you can make the hard deci- when we eliminated discrimination in. Several of my colleagues who co- sions about which Americans are going against those with preexisting condi- sponsored the bill I am talking about to get adequate healthcare and who are tions, this brings back that ugly pros- have been supportive of that for quite going to be those unfortunate souls pect that a key consumer protection, some time. who go without. the protection that bars discrimination We know Republicans and Democrats My view is, this is going to lead to against those who have preexisting know how to write bipartisan legisla- destitution for older Americans who conditions, is just tossed aside—just as count on Medicaid for nursing home tion. But what the Graham-Cassidy- care. It also represents a massive what looks to be the setting aside of Heller bill seeks to do is just the oppo- transfer of dollars from States which essential health benefits that all Amer- site—to use the most deeply partisan expanded Medicaid to States which icans are entitled to receive. process the Senate knows, called rec- chose not to. It was pretty obvious during the onciliation. It basically says: Our way History tells us that the most vulner- TrumpCare debate that unraveling the or the highway—not interested in try- able Americans without a voice or a consumer protections that our people ing to find common ground. powerful lobby are the ones who are count on today leads to the entire sys- I will point out that didn’t end too going to be the worst off. Now, I have tem falling apart, and the vulnerable well earlier when we talked about heard my colleagues—Senator CASSIDY, bear the brunt of the pain. healthcare. I came to the floor tonight in particular—claim that this bill is Many of our friends and neighbors to make the case that we cannot let modeled on the Children’s Health In- have spent the year raising their voices partisan reconciliation tactics win on surance Program—which is a block- and showing up to stop bad healthcare this key issue. We ought to be working granted program—and that means all legislation. Thanks to their grassroots together to improve healthcare on a bi- supporters of CHIP should support Gra- efforts, the partisan approach that I partisan basis, in a way that helps peo- ham-Cassidy-Heller. have described as being used here again ple all across the country. Nothing could be further from the has been stopped multiple times. I have mentioned—this is particu- truth. The Children’s Health Insurance I wanted to come on the floor tonight larly important to me—a number of Program has been an extraordinarily to say to people in every community bills that colleagues on both sides of successful program for more than 20 across our great country that, once the aisle have worked on that would years, now covering 9 million young- again, we need people power. Once help improve the lives of the American sters. Part of that success is due to its again, we need them to stand up and people. Graham-Cassidy-Heller does reliance on a strong Medicaid Program. say that we don’t want to turn back not meet that test. I hope my col- If Medicaid and the rest of the the clock on the healthcare needs of leagues will reject it, and I hope that healthcare system is block-granted and the most vulnerable, like seniors and all across the country, from one corner slashed by hundreds of billions of dol- the disabled and our kids. Once again, of America to every other, people will lars, the pillars that support a success- we hope they will speak out all across step up and they will say, as I have said ful Children’s Health Insurance Pro- the country. on this floor: The political change gram will crumble. They will lose their I am going to be having townhall doesn’t start in Washington, DC, and structural support. A vote in favor of meetings this upcoming weekend after then trickle down; it is bottom up. It is Graham-Cassidy is a vote to demolish the Jewish holiday. You can be sure bottom up, as people come forward and successful healthcare programs like that I am going to hear a lot from the say ‘‘That is not the way to go’’ and the Children’s Health Insurance Pro- people of Oregon about this. I am very say ‘‘Here is the way that really would gram and its promise of affordable hopeful that, once again, people power make sense and make our lives better.’’ healthcare for millions of kids and around America is going to come for- I yield the floor. their families. ward and say to those who are talking I suggest the absence of a quorum. There is one more step that the Gra- about supporting Graham-Cassidy-Hell- The PRESIDING OFFICER. The ham-Cassidy-Heller bill takes that is er that this is a mistake, that they clerk will call the roll. different from previous versions. Rath- don’t want to turn back the clock with The senior assistant legislative clerk er than reducing the tax credits that respect to healthcare; they want to proceeded to call the roll. help Americans get help—similar to move forward. Instead of turning back Mr. LANKFORD. Mr. President, I ask earlier Republican approaches—again, the clock, what they are looking for is unanimous consent that the order for this bill just chucks them out, gets rid leadership, for example, that will hold the quorum call be rescinded. of them, gone. That means asking down their prescription drug costs. The PRESIDING OFFICER (Mr. States to use their Federal health I have introduced legislation to re- PERDUE). Without objection, it is so or- block grant for a whole host of com- quire these companies to publicly jus- dered. tify raising their prices. We have had peting healthcare priorities, in effect, f pitting vulnerable Americans against Senators introduce a host of bills. That each other and not having enough at is what we ought to be doing—talking LEGISLATIVE SESSION the table to meet the critical needs of about how we are going to improve some of our most vulnerable people— American healthcare. MORNING BUSINESS people who, day in and day out, are My colleague from Illinois mentioned walking on an economic tightrope, try- the Children’s Health Insurance Pro- Mr. LANKFORD. Mr. President, I ask ing to balance their food costs against gram, which Chairman HATCH and I unanimous consent that the Senate be their medical costs and their medical worked with our Finance colleagues to in a period of morning business, with costs against housing. get introduced, and there is the Com- Senators permitted to speak therein. Graham-Cassidy-Heller is a recipe for munity Health Center Program. I could The PRESIDING OFFICER. Without disaster. This proposal, again, opens go on and on about opportunities for objection, it is so ordered.

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.027 S18SEPT1 S5800 CONGRESSIONAL RECORD — SENATE September 18, 2017 (At the request of Mr. MCCONNELL, ship, and its entire congregation to efforts to modernize its grant management the following statement was ordered to studying the word of God and faithfully system includes applicant accessibility and be printed in the RECORD.) living it sets an incredible example for transparency, and for other purposes (Rept. No. 115–159). f all Missourians. Congratulations again to all con- f HURRICANE IRMA RECOVERY nected with Mount Airy Missionary INTRODUCTION OF BILLS AND ∑ Mr. RUBIO. Mr. President, due to on- Baptist Church on its 100-year anniver- JOINT RESOLUTIONS sary.∑ going efforts from Hurricane Irma, The following bills and joint resolu- which devastated many parts of Flor- f tions were introduced, read the first ida, I am staying in my state to assess REMEMBERING GRACE SHU TSA0- and second times by unanimous con- the damage and help marshal the full WU sent, and referred as indicated: capacity of recovery resources avail- ∑ Ms. DUCKWORTH. Mr. President, By Mr. BLUNT (for himself, Mr. COR- able to us. Today I met with U.S. De- NYN, Mr. LANKFORD, and Mr. CRUZ): partment of Agriculture Secretary today I wish to commemorate the life S. 1823. A bill to amend the Robert T. Staf- Sonny Perdue and personally showed of Grace Shu Tsao-Wu, a dedicated en- ford Disaster Relief and Emergency Assist- him various parts of Florida’s agri- trepreneur and activist. ance Act to clarify that houses of worship culture lands that were damaged by Ms. Tsao-Wu passed away on August are eligible for certain disaster relief and Hurricane Irma.∑ 10, 2017. She is remembered for her en- emergency assistance on terms equal to other eligible private nonprofit facilities, (At the request of Mr. SCHUMER, the trepreneurial spirit and unyielding pas- and for other purposes; to the Committee on following statement was ordered to be sion in her work. As the founder of a successful com- Homeland Security and Governmental Af- printed in the RECORD.) fairs. pany, Ms. Tsao-Wu brought her cre- f By Mr. MCCONNELL: ative energy to Chicago. She was stead- S. 1824. A bill to reform the Appalachian VOTE EXPLANATION fast in her community leadership and Regional Commission, and for other pur- ∑ Mr. MENENDEZ. Mr. President, I always challenged others to be their poses; to the Committee on Environment and was unavoidably absent for rollcall best. Public Works. By Mr. GRASSLEY (for himself, Ms. vote No. 198, the motion to invoke clo- Ms. Tsao-Wu leaves behind not only a great legacy, but also a shining light BALDWIN, Mrs. ERNST, and Mr. JOHN- ture on H.R. 2810, the National Defense SON): Authorization Act, as amended. Had I that serves as an inspiration to many. ∑ S. 1825. A bill to amend title XVIII of the been present, I would have voted yea. Thank you. Social Security Act to improve the accuracy Mr. President, I was unavoidably ab- f of geographic adjustment factors under the Medicare program and to permanently ex- sent for rollcall vote No. 199, passage of MESSAGE FROM THE HOUSE H.R. 2810, as amended, the National De- tend certain adjustments to such factors for fense Authorization Act. Had I been At 3:02 p.m., a message from the certain localities, and for other purposes; to the Committee on Finance. present, I would have voted yea.∑ House of Representatives, delivered by Mr. Novotny, one of its reading clerks, By Mr. BLUMENTHAL: f S. 1826. A bill for the relief of Adrian Emin; announced that the House has passed to the Committee on the Judiciary. ADDITIONAL STATEMENTS the following bills, in which it requests By Mr. HATCH (for himself, Mr. the concurrence of the Senate: WYDEN, Mr. BROWN, Ms. STABENOW, H.R. 3284. An act to amend the Homeland Mr. CASEY, and Mr. MENENDEZ): 100TH ANNIVERSARY OF MOUNT Security Act of 2002 to establish a Joint S. 1827. A bill to extend funding for the AIRY MISSIONARY BAPTIST Counterterrorism Awareness Workshop Se- Children’s Health Insurance Program, and CHURCH ries, and for other purposes. for other purposes; to the Committee on Fi- H.R. 3697. An act to amend the Immigra- nance. ∑ Mr. BLUNT. Mr. President, today I tion and Nationality Act with respect to By Mr. REED (for himself, Ms. KLO- stand to honor the 100th anniversary of aliens associated with criminal gangs, and BUCHAR, Mr. BROWN, Mr. KING, Mr. the Mount Airy Missionary Baptist for other purposes. FRANKEN, and Mr. WHITEHOUSE): S. 1828. A bill to change the date for regu- Church, located on Maffitt Avenue in f St. Louis, MO. This impressive 100th larly scheduled general elections for Federal MEASURES REFERRED office to the first Saturday and Sunday after anniversary milestone speaks volumes the first Friday in November in every even- about the tremendous impact Mount The following bills were read the first numbered year; to the Committee on Rules Airy Church has had on its congrega- and the second times by unanimous and Administration. consent, and referred as indicated: tion, community, and the broader St. f Louis community. H.R. 3284. An act to amend the Homeland First organized as a prayer band on Security Act of 2002 to establish a Joint SUBMISSION OF CONCURRENT AND August 8, 1917, Mount Airy has had Counterterrorism Awareness Workshop Se- SENATE RESOLUTIONS many homes throughout its 100-year ries, and for other purposes; to the Com- The following concurrent resolutions history. Over its history, while its base mittee on Homeland Security and Govern- mental Affairs. and Senate resolutions were read, and home address might have changed, the H.R. 3697. An act to amend the Immigra- referred (or acted upon), as indicated: Mount Airy membership and effect of tion and Nationality Act with respect to By Mrs. FISCHER (for herself and Mr. its faith leadership grew. aliens associated with criminal gangs, and BOOKER): Today Mount Airy is a thriving house for other purposes; to the Committee on the S. Res. 260. A resolution designating Sep- of worship led by pastor Reverend Judiciary. tember 2017 as ‘‘School Bus Safety Month’’; considered and agreed to. Charles J. Brown, Sr. Pastor Brown re- f ceived an honorary doctorate degree of By Ms. MURKOWSKI: divinity from Western Bible College, REPORTS OF COMMITTEES S. Res. 261. A resolution recognizing the month of September 2017 as ‘‘Alaska Wild becoming the first pastor in the his- The following reports of committees Salmon Month’’; considered and agreed to. tory of Mount Airy Missionary Baptist were submitted: By Mr. BOOZMAN (for himself, Mr. Church to receive an honorary degree. By Mr. JOHNSON, from the Committee on HOEVEN, Mr. TESTER, Mr. BROWN, Mr. Over the years, the church has ex- Homeland Security and Governmental Af- INHOFE, Mr. CRAPO, Ms. MURKOWSKI, panded its ministries to engage more fairs, without amendment: Mr. UDALL, Mr. ISAKSON, Mr. DAINES, people and positively influence thou- H.R. 1117. A bill to require the Adminis- Mr. ROUNDS, Mr. RUBIO, Mr. SUL- sands of lives. Mount Airy Church has trator of the Federal Emergency Manage- LIVAN, and Mr. BURR): been innovative and compassionate in ment Agency to submit a report regarding S. Res. 262. A resolution commemorating certain plans regarding assistance to appli- the 70th anniversary of the establishment of finding ways to reach their congrega- cants and grantees during the response to an the Air Force as an independent military tion and the community. The commit- emergency or disaster (Rept. No. 115–158). service and celebrating the Air Force for 70 ment of Pastor Brown, all of Mount H.R. 1679. A bill to ensure that the Federal years of serving and defending the United Airy Missionary Baptist Church leader- Emergency Management Agency’s current States; considered and agreed to.

VerDate Sep 11 2014 07:06 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.074 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5801 ADDITIONAL COSPONSORS S. 744 Public Health Service Act to establish S. 262 At the request of Mr. DONNELLY, the direct care registered nurse-to-patient At the request of Mrs. CAPITO, the name of the Senator from Louisiana staffing ratio requirements in hos- name of the Senator from Michigan (Mr. KENNEDY) was added as a cospon- pitals, and for other purposes. (Mr. PETERS) was added as a cosponsor sor of S. 744, a bill to amend the Fair S. 1106 of S. 262, a bill to amend the Internal Credit Reporting Act to delay the in- At the request of Mr. MERKLEY, the Revenue Code of 1986 to extend and clusion in consumer credit reports and name of the Senator from Vermont modify the section 45 credit for refined to establish requirements for debt col- (Mr. SANDERS) was added as a cospon- coal from steel industry fuel, and for lectors with respect to medical debt in- sor of S. 1106, a bill to designate the other purposes. formation of veterans due to inappro- same individual serving as the Chief S. 272 priate or delayed billing payments or Nurse Officer of the Public Health At the request of Mr. SCHATZ, the reimbursements from the Department Service as the National Nurse for Pub- name of the Senator from Washington of Veterans Affairs, and for other pur- lic Health. (Mrs. MURRAY) was added as a cospon- poses. S. 1152 sor of S. 272, a bill to enhance the secu- S. 796 At the request of Mr. MERKLEY, the rity operations of the Transportation At the request of Mr. WARNER, the name of the Senator from Minnesota Security Administration and the sta- name of the Senator from Minnesota (Mr. FRANKEN) was added as a cospon- bility of the transportation security (Ms. KLOBUCHAR) was added as a co- sor of S. 1152, a bill to create protec- workforce by applying a unified per- sponsor of S. 796, a bill to amend the tions for depository institutions that sonnel system under title 5, United Internal Revenue Code of 1986 to extend provide financial services to cannabis- States Code, to employees of the the exclusion for employer-provided related businesses, and for other pur- Transportation Security Administra- education assistance to employer pay- poses. tion who are responsible for screening ments of student loans. S. 1241 passengers and property, and for other S. 870 At the request of Mr. GRASSLEY, the purposes. At the request of Mr. WYDEN, the names of the Senator from Utah (Mr. S. 294 names of the Senator from Maine (Mr. HATCH) and the Senator from Min- At the request of Mr. NELSON, the KING) and the Senator from Minnesota nesota (Ms. KLOBUCHAR) were added as name of the Senator from Indiana (Mr. (Ms. KLOBUCHAR) were added as cospon- cosponsors of S. 1241, a bill to improve DONNELLY) was added as a cosponsor of sors of S. 870, a bill to amend title the prohibitions on money laundering, S. 294, a bill to amend the Federal XVIII of the Social Security Act to im- and for other purposes. Food, Drug, and Cosmetic Act to clar- plement Medicare payment policies de- S. 1310 ify the Food and Drug Administra- signed to improve management of At the request of Mr. ROUNDS, the tion’s jurisdiction over certain tobacco chronic disease, streamline care co- name of the Senator from Montana products, and to protect jobs and small ordination, and improve quality out- (Mr. DAINES) was added as a cosponsor businesses involved in the sale, manu- comes without adding to the deficit. of S. 1310, a bill to amend the Home facturing and distribution of tradi- S. 910 Mortgage Disclosure Act of 1975 to tional and premium cigars. At the request of Mr. SCHUMER, the specify which depository institutions S. 336 name of the Senator from Maryland are subject to the maintenance of At the request of Mr. BROWN, the (Mr. CARDIN) was added as a cosponsor records and disclosure requirements of name of the Senator from Massachu- of S. 910, a bill to prohibit discrimina- such Act, and for other purposes. setts (Ms. WARREN) was added as a co- tion against individuals with disabil- S. 1373 sponsor of S. 336, a bill to amend title ities who need long-term services and At the request of Mr. WICKER, the 38, United States Code, to modify au- supports, and for other purposes. thorities relating to the collective bar- name of the Senator from Louisiana S. 915 gaining of employees in the Veterans (Mr. KENNEDY) was added as a cospon- At the request of Mr. BROWN, the Health Administration, and for other sor of S. 1373, a bill to designate the name of the Senator from Louisiana purposes. Gulf of Mexico Alliance as a Regional (Mr. KENNEDY) was added as a cospon- Coordination Partnership of the Na- S. 407 sor of S. 915, a bill to amend title II of tional Oceanic and Atmospheric Ad- At the request of Mr. CRAPO, the the Social Security Act to repeal the ministration, and for other purposes. name of the Senator from California Government pension offset and wind- S. 1498 (Ms. HARRIS) was added as a cosponsor fall elimination provisions. of S. 407, a bill to amend the Internal At the request of Ms. COLLINS, the Revenue Code of 1986 to permanently S. 926 name of the Senator from Colorado extend the railroad track maintenance At the request of Mrs. ERNST, the (Mr. BENNET) was added as a cosponsor credit. name of the Senator from Michigan of S. 1498, a bill to establish in the TABENOW S. 446 (Ms. S ) was added as a cospon- Smithsonian Institution a comprehen- At the request of Mr. CORNYN, the sor of S. 926, a bill to authorize the sive American women’s history mu- name of the Senator from Louisiana Global War on Terror Memorial Foun- seum, and for other purposes. (Mr. CASSIDY) was added as a cosponsor dation to establish the National Global S. 1503 of S. 446, a bill to allow reciprocity for War on Terrorism Memorial as a com- At the request of Ms. WARREN, the the carrying of certain concealed fire- memorative work in the District of Co- name of the Senator from Louisiana arms. lumbia, and for other purposes. (Mr. KENNEDY) was added as a cospon- S. 536 S. 1027 sor of S. 1503, a bill to require the Sec- At the request of Mr. REED, the name At the request of Mr. HATCH, the retary of the Treasury to mint coins in of the Senator from Arizona (Mr. names of the Senator from Wisconsin recognition of the 60th anniversary of MCCAIN) was added as a cosponsor of S. (Ms. BALDWIN), the Senator from New the Naismith Memorial Basketball 536, a bill to promote transparency in Mexico (Mr. UDALL) and the Senator Hall of Fame. the oversight of cybersecurity risks at from South Dakota (Mr. ROUNDS) were S. 1693 publicly traded companies. added as cosponsors of S. 1027, a bill to At the request of Mr. PORTMAN, the S. 540 extend the Secure Rural Schools and name of the Senator from New Hamp- At the request of Mr. THUNE, the Community Self-Determination Act of shire (Ms. HASSAN) was added as a co- name of the Senator from Arizona (Mr. 2000. sponsor of S. 1693, a bill to amend the MCCAIN) was added as a cosponsor of S. S. 1063 Communications Act of 1934 to clarify 540, a bill to limit the authority of At the request of Mr. BROWN, the that section 230 of that Act does not States to tax certain income of em- name of the Senator from Massachu- prohibit the enforcement against pro- ployees for employment duties per- setts (Ms. WARREN) was added as a co- viders and users of interactive com- formed in other States. sponsor of S. 1063, a bill to amend the puter services of Federal and State

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.006 S18SEPT1 S5802 CONGRESSIONAL RECORD — SENATE September 18, 2017 criminal and civil law relating to sex population and calling on Aung San for defense activities of the Depart- trafficking. Suu Kyi to play an active role in end- ment of Energy, to prescribe military S. 1746 ing this humanitarian tragedy. personnel strengths for such fiscal At the request of Mr. LEE, the name AMENDMENT NO. 329 year, and for other purposes. of the Senator from Nebraska (Mr. At the request of Ms. BALDWIN, the AMENDMENT NO. 1033 SASSE) was added as a cosponsor of S. name of the Senator from Minnesota At the request of Mr. PERDUE, the 1746, a bill to require the Congressional (Mr. FRANKEN) was added as a cospon- names of the Senator from South Caro- Budget Office to make publicly avail- sor of amendment No. 329 intended to lina (Mr. SCOTT), the Senator from able the fiscal and mathematical mod- be proposed to H.R. 2810, to authorize Florida (Mr. NELSON) and the Senator els, data, and other details of computa- appropriations for fiscal year 2018 for from Florida (Mr. RUBIO) were added as tions used in cost analysis and scoring. military activities of the Department cosponsors of amendment No. 1033 pro- S. 1757 of Defense, for military construction, posed to H.R. 2810, to authorize appro- At the request of Mr. CORNYN, the and for defense activities of the De- priations for fiscal year 2018 for mili- name of the Senator from Mississippi partment of Energy, to prescribe mili- tary activities of the Department of (Mr. WICKER) was added as a cosponsor tary personnel strengths for such fiscal Defense, for military construction, and of S. 1757, a bill to strengthen border year, and for other purposes. for defense activities of the Depart- security, increase resources for en- AMENDMENT NO. 812 ment of Energy, to prescribe military forcement of immigration laws, and for At the request of Mr. BROWN, his personnel strengths for such fiscal other purposes. name was added as a cosponsor of year, and for other purposes. S. 1767 amendment No. 812 intended to be pro- AMENDMENT NO. 1088 At the request of Mr. LEAHY, the posed to H.R. 2810, to authorize appro- At the request of Mr. WYDEN, the names of the Senator from Pennsyl- priations for fiscal year 2018 for mili- names of the Senator from California vania (Mr. CASEY) and the Senator tary activities of the Department of (Ms. HARRIS) and the Senator from Col- from Oregon (Mr. WYDEN) were added Defense, for military construction, and orado (Mr. BENNET) were added as co- as cosponsors of S. 1767, a bill to reau- for defense activities of the Depart- sponsors of amendment No. 1088 pro- thorize the farm to school program, ment of Energy, to prescribe military posed to H.R. 2810, to authorize appro- and for other purposes. personnel strengths for such fiscal priations for fiscal year 2018 for mili- year, and for other purposes. S. 1779 tary activities of the Department of AMENDMENT NO. 814 At the request of Mr. CRAPO, the Defense, for military construction, and name of the Senator from Idaho (Mr. At the request of Mr. BROWN, his for defense activities of the Depart- name was added as a cosponsor of RISCH) was added as a cosponsor of S. ment of Energy, to prescribe military 1779, a bill to repeal certain provisions amendment No. 814 intended to be pro- personnel strengths for such fiscal of the Federal Switchblade Act to posed to H.R. 2810, to authorize appro- year, and for other purposes. priations for fiscal year 2018 for mili- allow domestic manufacturers to ship f and sell their products to buyers lo- tary activities of the Department of cated in other States and to permit the Defense, for military construction, and STATEMENTS ON INTRODUCED importation of certain knife parts. for defense activities of the Depart- BILLS AND JOINT RESOLUTIONS ment of Energy, to prescribe military S. 1787 By Mr. MCCONNELL: personnel strengths for such fiscal S. 1824. A bill to reform the Appa- At the request of Ms. MURKOWSKI, the year, and for other purposes. name of the Senator from Alaska (Mr. lachian Regional Commission, and for AMENDMENT NO. 942 SULLIVAN) was added as a cosponsor of other purposes; to the Committee on At the request of Mr. ISAKSON, the S. 1787, a bill to reauthorize the Na- Environment and Public Works. name of the Senator from Florida (Mr. tional Geologic Mapping Act of 1992. Mr. MCCONNELL. Mr President, for RUBIO) was added as a cosponsor of decades, I have supported the Appa- S. 1806 amendment No. 942 intended to be pro- lachian Regional Commission, or ARC, At the request of Mrs. MURRAY, the posed to H.R. 2810, to authorize appro- and its mission to invest in commu- name of the Senator from Rhode Island priations for fiscal year 2018 for mili- nities to strengthen economic growth (Mr. WHITEHOUSE) was added as a co- tary activities of the Department of throughout the Appalachian region. sponsor of S. 1806, a bill to amend the Defense, for military construction, and As I have expressed before, however, Child Care and Development Block for defense activities of the Depart- I have grown frustrated by ARC’s Grant Act of 1990 and the Head Start ment of Energy, to prescribe military shortcomings. Last year, the Senate Act to promote child care and early personnel strengths for such fiscal considered an amendment to abolish learning, and for other purposes. year, and for other purposes. ARC entirely. I voted against that pro- S. 1808 AMENDMENT NO. 1020 posal because I believe that the Com- At the request of Ms. BALDWIN, the At the request of Ms. HARRIS, the mission still serves an important pur- name of the Senator from Minnesota name of the Senator from South Caro- pose, but since that time I’ve been call- (Mr. FRANKEN) was added as a cospon- lina (Mr. GRAHAM) was added as a co- ing on ARC to clarify its clouded focus. sor of S. 1808, a bill to extend tempo- sponsor of amendment No. 1020 in- For instance, because of ARC’s own rarily the Federal Perkins Loan pro- tended to be proposed to H.R. 2810, to rules, the most distressed counties in gram, and for other purposes. authorize appropriations for fiscal year the region can only receive up to 30% S. 1816 2018 for military activities of the De- of its area development funds. In other At the request of Ms. WARREN, the partment of Defense, for military con- words, a substantial portion of the name of the Senator from Wisconsin struction, and for defense activities of agency’s resources—which should be fo- (Ms. BALDWIN) was added as a cospon- the Department of Energy, to prescribe cused on alleviating poverty—are in- sor of S. 1816, a bill to amend the Fair military personnel strengths for such tentionally directed away from the Credit Reporting Act to enhance fraud fiscal year, and for other purposes. counties most in need of help. This has alert procedures and provide free ac- AMENDMENT NO. 1032 been a criticism leveled against ARC cess to credit freezes, and for other At the request of Mr. ISAKSON, the for years. I believe that, if ARC serves purposes. names of the Senator from Florida (Mr. a valid purpose today, then it is to as- S. RES. 250 RUBIO), the Senator from South Caro- sist the most impoverished counties in At the request of Mr. DURBIN, the lina (Mr. SCOTT) and the Senator from the region. names of the Senator from Delaware Florida (Mr. NELSON) were added as co- Moreover, while the other regional (Mr. COONS) and the Senator from sponsors of amendment No. 1032 pro- commissions are headquartered in the Maryland (Mr. VAN HOLLEN) were posed to H.R. 2810, to authorize appro- areas for which they’re designed to added as cosponsors of S. Res. 250, a priations for fiscal year 2018 for mili- serve, ARC maintains its primary of- resolution condemning horrific acts of tary activities of the Department of fice right here in Washington, D.C. An violence against Burma’s Rohingya Defense, for military construction, and expensive office near Dupont Circle, far

VerDate Sep 11 2014 07:06 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.008 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5803 away from the people and the commu- (B) a 2008 book titled ‘‘Uneven Ground: Ap- (e) GRANT EXPENDITURES.—Congress finds nities it serves, is not the right place palachia Since 1945’’ by Ronald D. Eller; that— for ARC. (5) in 2004, the Office of Management and (1) section 14524(d) of title 40, United States Today, I will introduce legislation Budget noted the importance of the Commis- Code, provides that ‘‘not less than 50 percent sion ‘‘[f]ocusing efforts on...targeting assist- of the amount of grant expenditures the along with my friend and longtime ance to areas of distress’’; Commission approves shall support activi- ARC champion, Congressman HAL ROG- (6) in 2017, Citizens Against Government ties or projects that benefit severely and per- ERS, to make desperately needed re- Waste characterized the programming of the sistently distressed counties and areas’’; forms at ARC. Our bill is designed to Commission as duplicative and called for (2) given the persistent levels of poverty in reform the Commission, to focus its drastic reductions in the budget of the Com- the distressed counties in the Appalachian mission on investing more in the poor- mission; region, more grant expenditures and empha- est Appalachian communities, and to (7) in 2017, the Office of Management and sis should be devoted to those counties; and direct ARC’s leadership to relocate the Budget, citing a Government Accountability (3) therefore, the 50 percent threshold in Office study, concluded that the Commission section 14524(d) of title 40, United States organization to the region it serves. should be abolished, and that conclusion was Code, should be increased to 60 percent. These common-sense reforms will reflected in the fiscal year 2018 budget re- SEC. 3. MISSION OF THE APPALACHIAN RE- help set ARC on a path toward ful- quest submitted by the President; GIONAL COMMISSION. filling what should be its central mis- (8) these recent actions reflect a growing Section 14301 of title 40, United States sion—poverty alleviation—and deliv- chorus that the Commission should be re- Code, is amended by striking subsection (a) ering vital assistance to those who formed; and and inserting the following: need it the most. I hope that all of my (9) therefore, given the long-recognized ‘‘(a) ESTABLISHMENT AND MISSION.— colleagues will join with me to move shortcomings of the Commission, the long- ‘‘(1) ESTABLISHMENT.—There is an Appa- standing criticism of the Commission, and this legislation forward and provide lachian Regional Commission (referred to in the need to ensure its optimal performance, this chapter as the ‘Commission’). necessary relief to communities in Ap- the time has arrived for the Commission to ‘‘(2) MISSION.—The mission of the Commis- palachia. be reformed. sion shall be to focus primarily on poverty Mr. MCCONNELL. Mr. President, I (c) PERSISTENT POVERTY.—Congress finds reduction and economic development in ask unanimous consent that the text of that— areas in the Appalachian region with the the bill be printed in the RECORD. (1) using 1960 data, the Commission (which most persistent poverty.’’. There being no objection, the text of was created in 1965) concluded that there SEC. 4. HEADQUARTERS OF THE APPALACHIAN the bill was ordered to be printed in were 214 distressed counties in the Appa- REGIONAL COMMISSION. (a) IN GENERAL.—Section 14301 of title 40, the RECORD, as follows: lachian region; (2) in 2017, according to the Commission, United States Code, is amended by adding at S. 1824 there are 84 distressed counties in the Appa- the end the following: Be it enacted by the Senate and House of Rep- lachian region, reflecting the areas of most ‘‘(g) HEADQUARTERS.—The headquarters of resentatives of the United States of America in persistent poverty in the region; and the Commission shall be located in the Appa- Congress assembled, (3) therefore, the Commission should be re- lachian region.’’. SECTION 1. SHORT TITLE. formed to focus its attention on the areas of (b) IMPLEMENTATION.—The Federal Co- This Act may be cited as the ‘‘Appalachian most persistent poverty in the region. chairman of the Commission shall take such Regional Commission Reform Act’’. (d) AREA DEVELOPMENT FUNDING FOR DIS- actions as may be necessary to carry out the SEC. 2. FINDINGS. TRESSED COUNTIES.—Congress finds that— amendment made by subsection (a). (a) HEADQUARTERS.—Congress finds that— (1) according to the study by the Columbus SEC. 5. GRANT EXPENDITURES. (1) regional commissions, such as the Delta Dispatch referred to in subsection (b)(4)(A), Section 14524(d) of title 40, United States Regional Authority, the Denali Commission, of the 22,169 grants issued by the Commission Code, is amended by striking ‘‘50 percent’’ and the Northern Border Regional Commis- from fiscal year 1966 through fiscal year 1998, and inserting ‘‘60 percent’’. sion, are each headquartered in their respec- none of the 5 counties that received the most SEC. 6. AREA DEVELOPMENT FUNDS FOR DIS- tive region; Commission funding was considered dis- TRESSED COUNTIES. (2) headquartering regional commissions tressed, and more than 1⁄4 of all Commission Section 14526(b) of title 40, United States within the region affected is a sensible ap- spending during that period went to States Code, is amended— proach to ensure that the commissions are with few, if any, distressed counties; (1) by striking ‘‘In program and’’ and in- housed in more affordable locations than the (2) according to author Ronald D. Eller in serting the following: District of Columbia, thereby reducing ad- 2014, ‘‘[the Commission] policies have con- ‘‘(1) IN GENERAL.—In program and’’; and ministrative overhead and making the com- centrated resources in a select few ‘growth (2) by adding at the end the following: missions closer and more accountable to the centers’ in the [Appalachian] region, expand- ‘‘(2) AREA DEVELOPMENT FUNDS.— people the commissions were designed to ing services to the poor and growing the ‘‘(A) IN GENERAL.—Of the funds made avail- serve; mountain middle class, but doing little to able for each fiscal year for the Area Devel- (3) the Appalachian Regional Commission alter conditions in the most rural distressed opment Program of the Commission, the (referred to in this Act as the ‘‘Commis- counties or to address systemic political or Commission shall allocate not less than 60 sion’’) is not headquartered in Appalachia economic inequalities throughout Appa- percent for projects in counties for which a but in Washington, D.C.; and lachia’’; distressed county designation is in effect (4) the headquarters of the Commission (3) until 1995, the Commission allocated up under this section. should be relocated from the District of Co- to 20 percent of its area development grants ‘‘(B) METHODOLOGY.—The methodology for lumbia to a more affordable location in the for use in distressed counties; determining whether a county is designated Appalachian region so that it is closer and (4) following instructions given to the as a distressed county under subsection more accountable to the people the Commis- Commission by the Committees on Appro- (a)(1)(A) shall be the methodology in effect sion was designed to serve. priations of the Senate and the House of on the day before the date of enactment of (b) PERFORMANCE.—Congress finds that— Representatives in 1995, this allocation was the Appalachian Regional Commission Re- (1) the Commission was created to help fos- increased by the Commission to 30 percent; form Act. ter economic opportunity and close health (5) section 7.5(c) of the Code of the Com- ‘‘(3) REPORT.—The Commission shall sub- and educational disparities in a geographic mission (as in effect on the date of enact- mit an annual report that describes the allo- region of the United States beleaguered by ment of this Act) reflects this 1995 policy cation of funds, in dollar amounts and per- persistent poverty and high unemployment; change and states that the Commission ‘‘will centage of total appropriations, for the Area (2) the Commission remains the sole Fed- allocate up to 30 percent of Commission area Development Program to counties described eral agency focused singularly on economic development funds for use in distressed coun- in paragraph (2) to— revitalization in the Appalachian region; ties’’, even though, according to the Com- ‘‘(A) the Speaker of the House of Rep- (3) in 1998, Congress charged the Commis- mission’s public representations, economic resentatives; sion with ‘‘address[ing] the needs of severely conditions in distressed areas of the Appa- ‘‘(B) the minority leader of the House of and persistently distressed areas of the Ap- lachian region have not greatly improved Representatives; palachian region and focus[ing] special at- since the 1960s; ‘‘(C) the majority leader of the Senate; tention on the areas of greatest need’’; (6) given the persistent levels of poverty in ‘‘(D) the minority leader of the Senate; (4) the Commission has long been criticized the distressed counties in the Appalachian ‘‘(E) the Committee on Appropriations of for its shortcomings in fulfilling this mis- region, more area development funding and the House of Representatives; sion, including in— emphasis should be devoted to those coun- ‘‘(F) the Committee on Appropriations of (A) a 1999 study titled ‘‘Mountain Money: ties; and the Senate; Federal Tax Dollars Miss the Mark in Core (7) therefore, the allocation described in ‘‘(G) the Committee on Transportation and Appalachia’’ by Mark Ferenchik and Jill paragraph (3) should be increased to 60 per- Infrastructure of the House of Representa- Ripenhoff for the Columbus Dispatch; and cent. tives; and

VerDate Sep 11 2014 02:42 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD17\SEPTEMBER\S18SE7.REC S18SE7 S5804 CONGRESSIONAL RECORD — SENATE September 18, 2017

‘‘(H) the Committee on Environment and S. RES. 260 ness nationwide regarding the contributions Public Works of the Senate.’’. Whereas, every school day in the United of Alaska wild salmon to the health and States, approximately 500,000 public and pri- economy of the United States: Now, there- By Mr. REED (for himself, Ms. vate school buses carry more than 26,000,000 fore, be it KLOBUCHAR, Mr. BROWN, Mr. children to and from school; Resolved, That the Senate— KING, Mr. FRANKEN, and Mr. Whereas school buses comprise the largest (1) recognizes September 2017 as ‘‘Alaska WHITEHOUSE): mass transportation fleet in the United Wild Salmon Month’’; and S. 1828. A bill to change the date for States; (2) encourages individuals, corporations, regularly scheduled general elections Whereas 55 percent of all K–12 students and other relevant organizations to celebrate for Federal office to the first Saturday ride a school bus, totaling 260,000,000 miles the sustainable Alaska wild salmon industry and Sunday after the first Friday in for each of the 180 school days in a year, or and the health and social benefits Alaska 46,800,000,000 miles driven annually; wild salmon provide to the United States. November in every even-numbered Whereas the Child Safety Network, cele- year; to the Committee on Rules and brating 28 years of national public service, f Administration. supports the CSN Safe Bus campaign, which Mr. REED. Mr. President, today I am is designed to provide the latest technology pleased to be joined by Senators KLO- and free safety and security resources to the SENATE RESOLUTION 262—COM- BUCHAR, BROWN, KING, FRANKEN, and school bus industry; MEMORATING THE 70TH ANNI- WHITEHOUSE in introducing the Week- Whereas the designation of School Bus VERSARY OF THE ESTABLISH- end Voting Act. This bill makes voting Safety Month will allow broadcast and dig- MENT OF THE AIR FORCE AS AN ital media and social networking industries INDEPENDENT MILITARY SERV- in Federal elections easier and more to make commitments to disseminate public accessible through one simple change: ICE AND CELEBRATING THE AIR service announcements that are produced in FORCE FOR 70 YEARS OF SERV- moving Election Day from Tuesday to order to— the following Saturday and Sunday in (1) provide resources designed to safeguard ING AND DEFENDING THE November of an election year. children; and UNITED STATES (2) recognize school bus drivers and profes- We know from surveys and common sionals; Mr. BOOZMAN (for himself, Mr. sense that Tuesday voting stands in Whereas key leaders who are deserving of HOEVEN, Mr. TESTER, Mr. BROWN, Mr. the way of greater voter participation. recognition during School Bus Safety Month INHOFE, Mr. CRAPO, Ms. MURKOWSKI, In 1845, Congress set Tuesday as Elec- and beyond have provided security awareness Mr. UDALL, Mr. ISAKSON, Mr. DAINES, tion Day because it was the easiest day training materials to more than 14,000 public Mr. ROUNDS, Mr. RUBIO, Mr. SULLIVAN, for farmers—then travelling by horse and private school districts, trained more and Mr. BURR) submitted the following and buggy—to make it to the polls in than 80,000 school bus operators, and pro- resolution; which was considered and vided more than 80,000 counterterrorism the course of their regular Tuesday agreed to: trips to bring goods to market. Tues- guides to individuals who are key to pro- day voting has no such benefit for viding both safety and security for children S. RES. 262 in the United States; and farmers, or anyone else, in the 21st Whereas, on August 1, 1907, the Aero- Whereas School Bus Safety Month offers nautical Division of the Army Signal Corps, Century. It does, however, force many the Senate and the people of the United Americans to choose between their consisting of 1 officer and 2 enlisted men, States an opportunity to recognize and began operation under the command of Cap- workday and family responsibilities, thank all of the school bus drivers in the tain Charles DeForest Chandler with the re- and participation in our democratic United States and the professionals who are sponsibility for ‘‘all matters pertaining to process. focused on school bus safety and security: military ballooning, air machines, and all According to the Pew Research Cen- Now, therefore, be it Resolved, That the Senate designates Sep- kindred subjects’’; ter, voter turnout in the United States tember 2017 as ‘‘School Bus Safety Month’’. Whereas, in 1908, the Department of War contracted with the Wright brothers to build regularly lags behind other developed f countries, many of which hold elec- 1 heavier-than-air flying machine for the tions on one or more days during the SENATE RESOLUTION 261—RECOG- Army and, in 1909, the Department accepted weekend. According to U.S. Census NIZING THE MONTH OF SEP- the Wright Military Flyer, the first military data, the most consistent reason Amer- TEMBER 2017 AS ‘‘ALASKA WILD airplane; Whereas pilots of the United States, flying icans give for not voting is that they SALMON MONTH’’ Ms. MURKOWSKI submitted the fol- with both Allied air forces and with the are too busy to get away from their Army Air Service, performed admirably dur- daily lives to make it to the polls. lowing resolution; which was consid- ing the course of World War I, the first air The Weekend Voting Act would give ered and agreed to: war in history, by participating in pursuit, Americans the ability to vote during S. RES. 261 observation, and day and night bombing mis- times that make better sense for them. Whereas the sustainable Alaska wild salm- sions; Rather than on a Tuesday, polls would on commercial fishery contributes over Whereas pioneering aviators of the United stay open during the first Saturday 38,000 jobs and nearly $2,000,000,000 in annual States, including Mason M. Patrick, William and Sunday after the first Friday in labor income to the United States economy; ‘‘Billy’’ Mitchell, Benjamin D. Foulois, November of an election year. States Whereas the commercial Alaska wild salm- Frank M. Andrews, Henry H. ‘‘Hap’’ Arnold, on harvest comprises approximately 50 per- James H. ‘‘Jimmy’’ Doolittle, and Edward would retain full autonomy to continue cent of the wild salmon caught worldwide; ‘‘Eddie’’ Rickenbacker, were among the first to offer alternatives to Election Day Whereas the sport fishing industry of the individuals to recognize the military poten- voting, such as early voting or voting State of Alaska generates $500,000,000 in eco- tial of airpower and, in the decades following by mail, and States are encouraged to nomic output and creates 4,500 jobs annually; World War I, courageously laid the founda- give special consideration to accommo- Whereas wild salmon returning to Alaskan tion for the creation of an independent arm date weekend religious practices. streams and rearing young in Alaskan water for the air forces of the United States; Mr. President, I urge my colleagues are the basis for one of the most valuable Whereas, on June 20, 1941, the Department to support the Weekend Voting Act so and important industries of the State of of War created the Army Air Forces as the that more Americans can take part in Alaska; aviation element of that Department and, Whereas commercial and sport salmon shortly thereafter, the Department made the our democratic process by voting at fishing and processing provides the greatest Army Air Forces co-equal to the Army times that work for them. number of private-sector employment oppor- Ground Forces; f tunities in the State of Alaska; Whereas General Henry H. ‘‘Hap’’ Arnold SUBMITTED RESOLUTIONS Whereas many Alaskans depend heavily on drew upon the industrial prowess and human subsistence-caught wild salmon for food and resources of the United States to transform cultural purposes; the Army Air Corps from a force of 22,400 SENATE RESOLUTION 260—DESIG- Whereas Alaska Natives have relied on men and 2,402 aircraft in 1939 into an entity NATING SEPTEMBER 2017 AS Alaska wild salmon for thousands of years, with a peak wartime strength of 2,400,000 ‘‘SCHOOL BUS SAFETY MONTH’’ and Alaska wild salmon continues to com- personnel and 79,908 aircraft; prise up to 70 percent of the subsistence har- Whereas the standard for courage, flexi- Mrs. FISCHER (for herself and Mr. vest of many Alaska Native communities; bility, and intrepidity in combat was estab- BOOKER) submitted the following reso- and lished for all Airmen during the first aerial lution; which was considered and Whereas, in September 2017, Alaska Wild raid in the Pacific Theater on April 18, 1942, agreed to: Salmon Month celebrates and raises aware- when Lieutenant Colonel James ‘‘Jimmy’’ H.

VerDate Sep 11 2014 06:12 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.064 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5805 Doolittle led 16 North American B–25 Mitch- Whereas, after the development of launch United States and the communities of the ell bombers in a joint operation from the vehicles and orbital satellites, the mission of United States through a proud legacy of deck of the USS Hornet to strike the Japa- the USAF expanded into space and, as of service, from the earliest days of World War nese mainland in response to the Japanese 2017, provides exceptional support with re- II, when the Civil Air Patrol protected the attack on Pearl Harbor; spect to real-time global communications, shorelines of the United States, through 2017, Whereas the National Security Act of 1947 environmental monitoring, navigation, pre- as the Civil Air Patrol executes emergency (50 U.S.C. 3001 et seq.), signed into law by cision timing, missile warning, nuclear de- service missions; President Harry S. Truman, realigned and terrence, and space surveillance; Whereas the USAF is steadfast in the com- reorganized the Armed Forces to establish Whereas, during the Vietnam War, the mitment to fielding a world-class air expedi- the Department of the Air Force (referred to USAF engaged in a limited campaign of air- tionary force by recruiting, training, and in this preamble as the ‘‘USAF’’) as separate power to assist the South Vietnamese gov- educating its officer, enlisted, and civilian from other military services; ernment in countering the communist Viet corps comprising the active duty, Air Na- Whereas, on September 18, 1947, W. Stuart Cong guerillas and fought to disrupt supply tional Guard, and Air Force Reserve compo- Symington became the first Secretary of the lines, halt enemy ground offensives, and pro- nents of the USAF; newly formed and independent USAF, mark- tect United States and Allied forces; Whereas more than 100,000 Airmen stand ing the date on which the USAF was estab- Whereas, on April 3, 1967, former prisoner watch around the world at 175 global loca- lished; of war Paul W. Airey, a career radio oper- tions, committed to winning the constant Whereas, on September 26, 1947, General ator, aerial gunner, and First Sergeant, be- fight against violent extremist organizations Carl A. Spaatz, a pioneering aviator and came the first Chief Master Sergeant of the by expending more than 56,000 munitions and former Commanding General of the Army USAF; striking more than 32,000 enemy targets over Air Forces, became the first Chief of Staff of Whereas, in recent decades, the USAF and the course of 18,200 airstrikes; the USAF; coalition partners of the United States have Whereas Airmen were imprisoned and tor- Whereas the Air National Guard was also supported successful actions in Grenada, tured during several major conflicts, includ- created by the National Security Act of 1947 Panama, Iraq, Kuwait, Somalia, Bosnia- ing World War I, World War II, the Vietnam and has played a vital role in guarding the Herzegovina, Haiti, Kosovo, Afghanistan, War, the Korean War, and the Persian Gulf United States and defending freedom in near- Libya, Syria, and many other locations War, and, in the valiant tradition of Airmen ly every major conflict and contingency around the world; held captive, continued serving the United since its creation; Whereas USAF Special Operations Forces States with honor and dignity under the Whereas, on October 14, 1947, the USAF have served with honor and distinction most inhumane circumstances; demonstrated the historic and ongoing com- around the world since their activation in Whereas Airmen have earned the Medal of mitment of the USAF to technological inno- 1990, providing the United States with spe- Honor 18 times, the Air Force Cross 183 vation when Captain Charles ‘‘Chuck’’ cialized airpower across the broad spectrum times, the Distinguished Service Cross 42 Yeager piloted the X–1 developmental rocket of conflict in any place and at any time; times, and the Silver Star 74 times; plane to a speed of Mach 1.07, becoming the Whereas, for 27 consecutive years begin- Whereas the USAF is a tremendous stew- first flyer to break the sound barrier in a ning in 1990, Airmen have— ard of resources, develops and applies powered aircraft in level flight; (1) been engaged in continuous combat op- groundbreaking technology, manages com- Whereas the Air Force Reserve, created on erations ranging from Operation Desert plex acquisition programs, and maintains April 14, 1948, is comprised of citizen airmen Shield to the Global War on Terrorism to Op- test, evaluation, and sustainment criteria who serve as unrivaled wingmen of the ac- eration Inherent Resolve; and for all USAF weapon systems throughout the tive duty USAF during every deployment (2) shown that the Airmen constitute an life cycles of those weapon systems; and on every mission and battlefield around air and space expeditionary force of out- Whereas talented and dedicated Airmen the world in which the USAF is engaged; standing capability and are ready to fight will continue to meet the future challenges Whereas the USAF carried out the Berlin and win wars for the United States when and of an ever-changing world with limitless Airlift in 1948 and 1949 to provide humani- where they are called upon; strength, resolve, and patriotism; tarian relief to post-war Germany and has Whereas, when terrorists attacked the established a tradition of offering humani- United States on September 11, 2001, fighter Whereas, on every continent around the tarian assistance when responding to natural and air refueling aircraft of the USAF took world, the USAF has bravely fought for free- disasters and needs across the world; to the skies to fly combat air patrols over dom, liberty, and peace, preserved democ- Whereas the Tuskegee Airmen served the major cities of the United States and pro- racy, and protected the people and interests United States with tremendous dignity and tected the families, friends, and neighbors of of the United States; honor, overcame segregation and prejudice the people of the United States from further Whereas Airmen of the USAF, together to become one of the most highly respected attack; with their joint force partners, will continue fighter groups of World War II, and helped to Whereas, on December 7, 2005, the USAF to be a tremendous resource for the United establish a policy of racial integration with- modified its mission statement to include States in fights across every domain and at in the ranks of the USAF, as, on April 26, flying and fighting in air, space, and cyber- every location, delivering continuous air and 1948, the USAF became the first military space and prioritized the innovation, space superiority, intelligence, surveillance, branch to integrate, a full 3 months before operationalization, and sustainment of and reconnaissance, rapid global mobility, an Executive order integrated all military warfighting capabilities to deliver unre- global strike, and command and control ca- services; stricted access to cyberspace to defend the pabilities, thereby ensuring the safety and Whereas, in the early years of the Cold United States and its worldwide interests; security of the United States; and War, the arsenal of bombers of the USAF, Whereas women have played a prominent Whereas, for 70 years, the USAF and the such as the long-range Convair B–58 Hustler role in the evolution of the USAF, coura- Airmen of the USAF, through their exem- and B–36 Peacemaker, and the Boeing B–47 geously fighting alongside their male coun- plary service and sacrifice, have repeatedly Stratojet and B–52 Stratofortress, under the terparts and dedicating their lives to pro- proven their value to the United States, the command of General Curtis LeMay, served as tecting peace, liberty, and freedom around people of the United States, the allies of the the preeminent deterrent of the United the world as they provide ‘‘ready to fight to- United States, and all free people of the States against the forces of the Soviet Union night’’ airpower whenever and wherever world: Now, therefore, be it and were later augmented by the develop- needed; Resolved, That the Senate— ment and deployment of medium range and Whereas, as of 2017, the USAF has made (1) commemorates the 70th anniversary of intercontinental ballistic missiles, such as tremendous strides in the global warfighting the establishment of the Air Force as an the Titan and Minuteman, developed by Gen- domain of cyberspace by revolutionizing of- independent military service; and eral Bernard A. Schriever; fensive and defensive capabilities and effects (2) remembers, honors, and commends the Whereas, on April 1, 1954, President Dwight with speed, agility, and surgical precision, achievements of the Air Force in serving and D. Eisenhower signed legislation estab- thereby ensuring the continuous command, defending the United States through global lishing the United States Air Force Acad- control, and execution of joint and service vigilance, global reach, and global power. emy, the mission of which is to educate, de- operations in contested, degraded, and lim- f velop, and inspire men and women to become ited environments; AMENDMENTS SUBMITTED AND aerospace officers and leaders of impeccable Whereas the untapped potential of enlisted character and knowledge, and that, as of aviators is recognized by the USAF as these PROPOSED 2017, has graduated 59 classes and 49,700 ca- highly trained, intelligent, and professional SA 1092. Mr. McCAIN (for Mr. RUBIO (for dets; Airmen fly remotely piloted aircraft to dis- himself and Mrs. SHAHEEN)) submitted an Whereas, during the Korean War, the tant skies in support of combatant com- amendment intended to be proposed to USAF employed the first large-scale combat manders and meet the insatiable demand for amendment SA 993 submitted by Mr. MCCAIN use of jet aircraft, helped to establish air su- persistent intelligence, surveillance, and re- (for Mr. RUBIO) and intended to be proposed periority over the Korean Peninsula, pro- connaissance capabilities; to the bill H.R. 2810, to authorize appropria- tected ground forces of the United Nations Whereas the Civil Air Patrol, as a total tions for fiscal year 2018 for military activi- with close air support, and interdicted force partner and auxiliary of the USAF, has ties of the Department of Defense, for mili- enemy reinforcements and supplies; maintained a steadfast commitment to the tary construction, and for defense activities

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.069 S18SEPT1 S5806 CONGRESSIONAL RECORD — SENATE September 18, 2017 of the Department of Energy, to prescribe with respect to any foreign person that the dent may submit such information to the military personnel strengths for such fiscal President determines knowingly provides court ex parte and in camera. year, and for other purposes; which was or- significant financial, material, or techno- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in dered to lie on the table. logical support for— this subsection shall be construed to confer SA 1093. Ms. CANTWELL submitted an ‘‘(1) Bayt al-Mal, Jihad al-Bina, the Is- or imply any right to judicial review of any amendment intended to be proposed by her lamic Resistance Support Association, or finding under this section or any prohibition, to the bill H.R. 2810, supra; which was or- any successor or affiliate thereof as des- condition, or penalty imposed as a result of dered to lie on the table. ignated by the President; any such finding. SA 1094. Mr. REED (for Ms. CORTEZ MASTO) ‘‘(2) al-Manar TV, al Nour Radio, or the ‘‘(e) WAIVER.— proposed an amendment to the bill H.R. 2810, Lebanese Media Group, or any successor or ‘‘(1) IN GENERAL.—The President may, for supra. affiliate thereof as designated by the Presi- periods not to exceed 180 days, waive the im- SA 1095. Mr. BOOKER (for himself and Mrs. dent; position of sanctions under this section if FISCHER) submitted an amendment intended ‘‘(3) a foreign person determined by the the President certifies to the appropriate to be proposed by him to the bill H.R. 2810, President to be engaged in fundraising or re- congressional committees that such waiver supra; which was ordered to lie on the table. cruitment activities for Hizballah; or is in the national security interests of the SA 1096. Mr. MCCAIN (for Mr. GRAHAM (for ‘‘(4) a foreign person owned or controlled United States. himself and Mr. WHITEHOUSE)) proposed an by a foreign person described in paragraph ‘‘(2) BRIEFING.—Not later than 30 days after amendment to the bill H.R. 2810, supra. (1), (2), or (3). the issuance of a waiver under paragraph (1) SA 1097. Mr. MCCAIN (for Mr. RUBIO) sub- ‘‘(b) SANCTIONS DESCRIBED.— with respect to a foreign person, and every mitted an amendment intended to be pro- ‘‘(1) IN GENERAL.—The sanctions described 180 days thereafter while the waiver remains posed to amendment SA 930 submitted by in this subsection are the following: in effect, the President shall brief the appro- Mr. MCCAIN (for Mr. RUBIO) and intended to ‘‘(A) ASSET BLOCKING.—The exercise of all priate congressional committees on the sta- be proposed to the bill H.R. 2810, supra; powers granted to the President by the tus of the involvement of the foreign person which was ordered to lie on the table. International Emergency Economic Powers in activities described in subsection (a). SA 1098. Mr. BURR submitted an amend- Act (50 U.S.C. 1701 et seq.) (except that the ‘‘(f) REPORT.—Not later than 90 days after ment intended to be proposed to amendment requirements of section 202 of such Act (50 the date of the enactment of the Hizballah SA 1072 submitted by Mr. BURR and intended U.S.C. 1701) shall not apply) to the extent International Financing Prevention Amend- to be proposed to the amendment SA 1003 necessary to block and prohibit all trans- ments Act of 2017, and every 180 days there- proposed by Mr. MCCAIN (for himself and Mr. actions in all property and interests in prop- after for the following 5 years, the President REED) to the bill H.R. 2810, supra; which was erty of a foreign person determined by the shall submit to the appropriate congres- ordered to lie on the table. President to be subject to subsection (a) if sional committees a report that lists the for- SA 1099. Mr. BURR submitted an amend- such property and interests in property are eign persons that the President determines ment intended to be proposed to amendment in the United States, come within the United are described in subsection (a). SA 544 submitted by Mr. BURR and intended ‘‘(g) DEFINITIONS.—In this section: States, or are or come within the possession to be proposed to the bill H.R. 2810, supra; ‘‘(1) ADMITTED; ALIEN.—The terms ‘admit- or control of a United States person. which was ordered to lie on the table. ted’ and ‘alien’ have meanings given those ‘‘(B) ALIENS INELIGIBLE FOR VISAS, ADMIS- SA 1100. Mr. REED (for Mr. DURBIN (for terms in section 101 of the Immigration and SION, OR PAROLE.— himself, Ms. HARRIS, Ms. BALDWIN, Mr. BEN- Nationality Act (8 U.S.C. 1101). ‘‘(i) VISAS, ADMISSION, OR PAROLE.—An NET, Mr. BOOKER, Ms. CORTEZ MASTO, Mrs. ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- alien who the President determines is sub- FEINSTEIN, Ms. HASSAN, Mr. MENENDEZ, Mr. TEES.—The term ‘appropriate congressional ject to subsection (a) is— MERKLEY, Mrs. SHAHEEN, Mr. WARNER, and committees’ means— ‘‘(I) inadmissible to the United States; Mr. WHITEHOUSE)) proposed an amendment to ‘‘(A) the Committee on Foreign Affairs, the ‘‘(II) ineligible to receive a visa or other the bill H.R. 2810, supra. Committee on Ways and Means, the Com- documentation to enter the United States; mittee on the Judiciary, and the Committee f and on Financial Services of the House of Rep- ‘‘(III) otherwise ineligible to be admitted TEXT OF AMENDMENTS resentatives; and or paroled into the United States or to re- ‘‘(B) the Committee on Foreign Relations, SA 1092. Mr. MCCAIN (for Mr. RUBIO ceive any other benefit under the Immigra- the Committee on Finance, the Committee (for himself and Mrs. SHAHEEN)) sub- tion and Nationality Act (8 U.S.C. 1101 et on Banking, Housing, and Urban Affairs, and mitted an amendment intended to be seq.). the Committee on the Judiciary of the Sen- ‘‘(ii) CURRENT VISAS REVOKED.— proposed to amendment SA 993 sub- ate. ‘‘(I) IN GENERAL.—The issuing consular offi- mitted by Mr. MCCAIN (for Mr. RUBIO) ‘‘(3) ENTITY.—The term ‘entity’ means a cer, the Secretary of State, or the Secretary and intended to be proposed to the bill partnership, association, corporation, or of Homeland Security shall revoke any visa other organization, group, or subgroup. H.R. 2810, to authorize appropriations or other entry documentation issued to an ‘‘(4) HIZBALLAH.—The term ‘Hizballah’ has for fiscal year 2018 for military activi- alien who the President determines is sub- the meaning given such term in section ties of the Department of Defense, for ject to subsection (a), regardless of when 102(f). military construction, and for defense issued. ‘‘(5) PERSON.—The term ‘person’ means an activities of the Department of Energy, ‘‘(II) EFFECT OF REVOCATION.—A revocation individual or entity. under subclause (I) shall take effect imme- to prescribe military personnel ‘‘(6) UNITED STATES PERSON.—The term diately and shall automatically cancel any strengths for such fiscal year, and for ‘United States person’ means a United other valid visa or entry documentation that other purposes; which was ordered to States citizen, permanent resident alien, en- is in the possession of the alien. lie on the table; as follows: tity organized under the laws of the United ‘‘(2) PENALTIES.—The penalties provided States (including foreign branches), or a per- In lieu of the matter proposed to be added, for in subsections (b) and (c) of section 206 of son in the United States.’’. add the following: the International Emergency Economic Pow- (b) CLERICAL AMENDMENT.—The table of Subtitle H—Matters Relating to Hizballah ers Act (50 U.S.C. 1705) shall apply to a per- contents for the Hizballah International Fi- SEC. 1290. SHORT TITLE. son that violates, attempts to violate, con- nancing Prevention Act of 2015 is amended This subtitle may be cited as the spires to violate, or causes a violation of reg- by striking the item relating to section 101 ‘‘Hizballah International Financing Preven- ulations prescribed under paragraph (1)(A) to and inserting the following new item: tion Amendments Act of 2017’’. the same extent that such penalties apply to a person that commits an unlawful act de- ‘‘Sec. 101. Mandatory sanctions with respect PART I—PREVENTION OF ACCESS BY scribed in subsection (a) of such section 206. to fundraising and recruitment HIZBALLAH TO INTERNATIONAL FINAN- activities for Hizballah.’’. CIAL AND OTHER INSTITUTIONS ‘‘(c) IMPLEMENTATION.—The President may exercise all authorities provided under sec- SEC. 1292. MODIFICATION OF REPORT WITH RE- SPECT TO FINANCIAL INSTITUTIONS SEC. 1291. MANDATORY SANCTIONS WITH RE- tions 203 and 205 of the International Emer- SPECT TO FUNDRAISING AND RE- THAT ENGAGE IN CERTAIN TRANS- CRUITMENT ACTIVITIES FOR gency Economic Powers Act (50 U.S.C. 1702 ACTIONS. HIZBALLAH. and 1704) to carry out this section. Subsection (d) of section 102 of the (a) IN GENERAL.—Section 101 of the ‘‘(d) PROCEDURES FOR JUDICIAL REVIEW OF Hizballah International Financing Preven- Hizballah International Financing Preven- CLASSIFIED INFORMATION.— tion Act of 2015 (Public Law 114–102; 50 U.S.C. tion Act of 2015 (Public Law 114–102; 50 U.S.C. ‘‘(1) IN GENERAL.—If a finding under this 1701 note) is amended to read as follows: 1701 note) is amended to read as follows: section, or a prohibition, condition, or pen- ‘‘(d) REPORT ON FINANCIAL INSTITUTIONS ‘‘SEC. 101. MANDATORY SANCTIONS WITH RE- alty imposed as a result of any such finding, ORGANIZED UNDER THE LAWS OF STATE SPON- SPECT TO FUNDRAISING AND RE- is based on classified information (as defined SORS OF TERRORISM.— CRUITMENT ACTIVITIES FOR in section 1(a) of the Classified Information ‘‘(1) IN GENERAL.—Not later than 90 days HIZBALLAH. Procedures Act (18 U.S.C. App.)) and a court after the date of the enactment of the ‘‘(a) IN GENERAL.—The President shall im- reviews the finding or the imposition of the Hizballah International Financing Preven- pose the sanctions described in subsection (b) prohibition, condition, or penalty, the Presi- tion Amendments Act of 2017, and every 180

VerDate Sep 11 2014 02:42 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD17\SEPTEMBER\S18SE7.REC S18SE7 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5807 days thereafter for the following 5 years, the ‘‘(2) an entity owned or controlled by ‘‘(E) defense information, as that term is President shall submit to the appropriate Hizballah; or defined in section 644 of the Foreign Assist- congressional committees a report that— ‘‘(3) an entity that the President deter- ance Act of 1961 (22 U.S.C. 2403); or ‘‘(A) identifies each foreign financial insti- mines has acted for or on behalf of Hizballah. ‘‘(F) items designated by the President for tution described in paragraph (2) that the ‘‘(c) PENALTIES.—The penalties provided purposes of the United States Munitions List President determines engages in one or more for in subsections (b) and (c) of section 206 of under section 38(a)(1) of the Arms Export activities described in subsection (a)(2); the International Emergency Economic Pow- Control Act (22 U.S.C. 2778(a)(1)). ‘‘(B) provides a detailed description of each ers Act (50 U.S.C. 1705) shall apply to a per- ‘‘(4) HIZBALLAH.—The term ‘Hizballah’ has such activity; and son that violates, attempts to violate, con- the meaning given that term in section ‘‘(C) contains a determination with respect spires to violate, or causes a violation of reg- 102(f).’’. to each such foreign financial institution ulations prescribed under subsection (a) to (b) CLERICAL AMENDMENT.—The table of that is identified under subparagraph (A) as the same extent that such penalties apply to contents for the Hizballah International Fi- engaging in one or more activities described a person that commits an unlawful act de- nancing Prevention Act of 2015 is amended in subsection (a)(2) as to whether such for- scribed in subsection (a) of such section 206. by inserting after the item relating to sec- eign financial institution is in violation of ‘‘(d) IMPLEMENTATION.—The President may tion 102 the following new item: Executive Order 13224 (50 U.S.C. 1701 note; re- exercise all authorities provided under sec- tions 203 and 205 of the International Emer- ‘‘Sec. 103. Sanctions against agencies and in- lating to blocking property and prohibiting strumentalities of foreign transactions with persons who commit, gency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. states that support Hizballah.’’. threaten to commit, or support terrorism) by ‘‘(e) PROCEDURES FOR JUDICIAL REVIEW OF PART II—NARCOTICS TRAFFICKING AND reason of engaging in one or more such ac- CLASSIFIED INFORMATION.— SIGNIFICANT TRANSNATIONAL CRIMI- tivities. ‘‘(1) IN GENERAL.—If a finding under this NAL ACTIVITIES OF HIZBALLAH ‘‘(2) FOREIGN FINANCIAL INSTITUTION DE- section, or a prohibition, condition, or pen- SEC. 1294. BLOCKING OF PROPERTY OF SCRIBED.— alty imposed as a result of any such finding, HIZBALLAH. ‘‘(A) IN GENERAL.—A foreign financial in- is based on classified information (as defined (a) IN GENERAL.—Section 201 of the stitution described in this paragraph is a for- in section 1(a) of the Classified Information Hizballah International Financing Preven- eign financial institution— Procedures Act (18 U.S.C. App.)) and a court tion Act of 2015 (Public Law 114–102; 50 U.S.C. ‘‘(i) that, wherever located, is— reviews the finding or the imposition of the 1701 note) is amended to read as follows: ‘‘(I) organized under the laws of a state prohibition, condition, or penalty, the Presi- sponsor of terrorism or any jurisdiction ‘‘SEC. 201. BLOCKING OF PROPERTY OF dent may submit such information to the HIZBALLAH. within a state sponsor of terrorism; court ex parte and in camera. ‘‘(a) FINDINGS.—Congress finds that ‘‘(II) owned or controlled by the govern- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in Hizballah conducts narcotics trafficking and ment of a state sponsor of terrorism; this subsection shall be construed to confer significant transnational criminal activities. ‘‘(III) located in the territory of a state or imply any right to judicial review of any ‘‘(b) BLOCKING OF PROPERTY.—Not later sponsor of terrorism; or finding under this section or any prohibition, than 180 days after the date of the enactment ‘‘(IV) owned or controlled by a foreign fi- condition, or penalty imposed as a result of of the Hizballah International Financing nancial institution described in subclause any such finding. Prevention Amendments Act of 2017, and as (I), (II), or (III); and ‘‘(f) WAIVER.— appropriate thereafter, the President shall ‘‘(ii) the capitalization of which exceeds ‘‘(1) IN GENERAL.—The President may, for block and prohibit all transactions in all $10,000,000. periods not to exceed 180 days, waive the im- property and interests in property of ‘‘(B) STATE SPONSOR OF TERRORISM.—In this position of sanctions under this section with Hizballah if such property and interests in paragraph, the term ‘state sponsor of ter- respect to an agency or instrumentality of a property are in the United States, come rorism’ means a country the government of foreign state if the President certifies to the within the United States, or are or come which the Secretary of State has determined appropriate congressional committees that within the possession or control of a United is a government that has repeatedly provided such waiver is in the national security inter- States person. support for acts of international terrorism ests of the United States. ‘‘(c) PENALTIES.—The penalties provided for purposes of— ‘‘(2) BRIEFING.—Not later than 30 days after for in subsections (b) and (c) of section 206 of ‘‘(i) section 6(j) of the Export Administra- the issuance of a waiver under paragraph (1) the International Emergency Economic Pow- tion Act of 1979 (50 U.S.C. 4605(j)) (as contin- with respect to an agency or instrumentality ers Act (50 U.S.C. 1705) shall apply to a per- ued in effect pursuant to the International of a foreign state, and every 180 days there- son that violates, attempts to violate, con- Emergency Economic Powers Act (50 U.S.C. after while the waiver remains in effect, the spires to violate, or causes a violation of reg- 1701 et seq.)); President shall brief the appropriate con- ulations prescribed under subsection (b) to ‘‘(ii) section 620A of the Foreign Assistance gressional committees on the status of the the same extent that such penalties apply to Act of 1961 (22 U.S.C. 2371); involvement of the agency or instrumen- a person that commits an unlawful act de- ‘‘(iii) section 40 of the Arms Export Control tality in activities described in subsection scribed in subsection (a) of such section 206. Act (22 U.S.C. 2780); or (b). ‘‘(d) IMPLEMENTATION.—The President may ‘‘(iv) any other provision of law.’’. ‘‘(g) DEFINITIONS.—In this section: exercise all authorities provided under sec- SEC. 1293. SANCTIONS AGAINST AGENCIES AND ‘‘(1) AGENCY OR INSTRUMENTALITY OF A FOR- tions 203 and 205 of the International Emer- INSTRUMENTALITIES OF FOREIGN EIGN STATE; FOREIGN STATE.—The terms gency Economic Powers Act (50 U.S.C. 1702 STATES THAT SUPPORT HIZBALLAH. ‘agency or instrumentality of a foreign and 1704) to carry out this section. (a) IN GENERAL.—Title I of the Hizballah state’ and ‘foreign state’ have the meanings ‘‘(e) PROCEDURES FOR JUDICIAL REVIEW OF International Financing Prevention Act of given those terms in section 1603 of title 28, CLASSIFIED INFORMATION.— 2015 (Public Law 114–102; 50 U.S.C. 1701 note) United States Code. ‘‘(1) IN GENERAL.—If a finding under this is amended by adding at the end the fol- ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- lowing: section, or a prohibition, condition, or pen- TEES.—The term ‘appropriate congressional alty imposed as a result of any such finding, ‘‘SEC. 103. SANCTIONS AGAINST AGENCIES AND committees’ means— INSTRUMENTALITIES OF FOREIGN is based on classified information (as defined STATES THAT SUPPORT HIZBALLAH. ‘‘(A) the Committee on Foreign Affairs, the in section 1(a) of the Classified Information ‘‘(a) IN GENERAL.—Not later than 180 days Committee on Financial Services, the Com- Procedures Act (18 U.S.C. App.)) and a court after the date of the enactment of this sec- mittee on Ways and Means, and the Com- reviews the finding or the imposition of the tion, and as appropriate thereafter, the mittee on the Judiciary of the House of Rep- prohibition, condition, or penalty, the Presi- President shall block and prohibit all trans- resentatives; and dent may submit such information to the actions in all property and interests in prop- ‘‘(B) the Committee on Foreign Relations, court ex parte and in camera. erty of any agency or instrumentality of a the Committee on Banking, Housing, and ‘‘(2) RULE OF CONSTRUCTION.—Nothing in foreign state described in subsection (b) if Urban Affairs, and the Committee on the Ju- this subsection shall be construed to confer such property and interests in property are diciary of the Senate. or imply any right to judicial review of any in the United States, come within the United ‘‘(3) ARMS OR RELATED MATERIAL.—The finding under this section or any prohibition, States, or are or come within the possession term ‘arms or related material’ means— condition, or penalty imposed as a result of or control of a United States person. ‘‘(A) nuclear, biological, chemical, or radi- any such finding. ‘‘(b) AGENCY OR INSTRUMENTALITY OF A ological weapons or materials or components ‘‘(f) WAIVER.—The President may, for peri- FOREIGN STATE DESCRIBED.—An agency or in- of such weapons; ods not to exceed 180 days, waive the imposi- strumentality of a foreign state described in ‘‘(B) ballistic or cruise missile weapons or tion of sanctions under this section if the this subsection is an agency or instrumen- materials or components of such weapons; President certifies to the appropriate con- tality of a foreign state that the President ‘‘(C) destabilizing numbers and types of ad- gressional committees that such waiver is in determines knowingly provides significant vanced conventional weapons; the national security interests of the United financial, material, or technological support ‘‘(D) defense articles or defense services, as States. for, goods or services to or in support of, or those terms are defined in paragraphs (3) and ‘‘(g) DEFINITION.—In this section, the term arms or related material to— (4), respectively, of section 47 of the Arms ‘Hizballah’ has the meaning given that term ‘‘(1) Hizballah; Export Control Act (22 U.S.C. 2794); in section 102(f).’’.

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.071 S18SEPT1 S5808 CONGRESSIONAL RECORD — SENATE September 18, 2017

(b) CLERICAL AMENDMENTS.—The table of zones, business partnerships and joint ven- (i) the Committee on Foreign Affairs and contents for the Hizballah International Fi- tures, and other investments in small and the Committee on Financial Services of the nancing Prevention Act of 2015 is amended— medium-sized enterprises;’’; and House of Representatives; and (1) by striking the item relating to title II (D) by adding at the end the following: (ii) the Committee on Foreign Relations and inserting the following: ‘‘(F) a list of jurisdictions outside of Leb- and the Committee on Banking, Housing, ‘‘TITLE II—IMPOSITION OF SANCTIONS anon that expressly consent to, or with and Urban Affairs of the Senate. WITH RESPECT TO HIZBALLAH AND knowledge allow, the use of their territory (B) FUNDS.—The term ‘‘funds’’ means— REPORTS RELATING TO NARCOTICS by Hizballah to carry out terrorist activities, (i) cash; TRAFFICKING AND SIGNIFICANT including training, financing, and recruit- (ii) equity; TRANSNATIONAL CRIMINAL ACTIVI- ment; (iii) any other intangible asset the value of TIES OF HIZBALLAH.’’; AND ‘‘(G) a description of the total aggregate which is derived from a contractual claim, revenues and remittances that Hizballah re- including bank deposits, bonds, stocks, a se- (2) by striking the item relating to section ceives from the global logistics networks of curity (as defined in section 2(a) of the Secu- 201 and inserting the following: Hizballah.’’; rities Act of 1933 (15 U.S.C. 77b(a))), or a secu- ‘‘Sec. 201. Blocking of property of (2) by redesignating subsections (b) and (c) rity or an equity security (as those terms are Hizballah.’’. as subsections (c) and (d), respectively; defined in section 3(a) of the Securities Ex- SEC. 1295. REPORT ON RACKETEERING ACTIVI- (3) by inserting after subsection (a) the fol- change Act of 1934 (15 U.S.C. 78c(a))); and TIES ENGAGED IN BY HIZBALLAH. lowing: (iv) anything else of value that the Sec- (a) IN GENERAL.—Section 202 of the ‘‘(b) ENHANCED DUE DILIGENCE.— retary of the Treasury determines to be ap- Hizballah International Financing Preven- ‘‘(1) IN GENERAL.—The President shall pre- propriate. tion Act of 2015 (Public Law 114–102; 50 U.S.C. scribe, as necessary, enhanced due diligence (C) SENIOR FOREIGN POLITICAL FIGURE.—The 1701 note) is amended to read as follows: policies, procedures, and controls for United term ‘‘senior foreign political figure’’ has ‘‘SEC. 202. REPORT ON RACKETEERING ACTIVI- States financial institutions, and foreign fi- the meaning given that term in section TIES ENGAGED IN BY HIZBALLAH. nancial institutions maintaining cor- 1010.605 of title 31, Code of Federal Regula- ‘‘(a) IN GENERAL.—Not later than 180 days respondent accounts or payable-through ac- tions (or any successor regulation). after the date of the enactment of the counts with United States financial institu- SEC. 1297. REPORT ON COMBATING THE ILLICIT Hizballah International Financing Preven- tions, that the President determines provide TOBACCO TRAFFICKING NETWORKS tion Amendments Act of 2017, and annually significant financial services for persons and USED BY HIZBALLAH. thereafter for the following 5 years, the entities operating in a jurisdiction included (a) IN GENERAL.—Not later than 180 days President shall submit to the appropriate in the list required under subsection (a)(1)(F) after the date of the enactment of this Act, congressional committees a report on the if the President determines and reports to the President shall submit to the appro- following: the appropriate congressional committees priate congressional committees a report on ‘‘(1) Activities that Hizballah, and agents that it is in the national security interest of combating the illicit tobacco trafficking net- and affiliates of Hizballah, have engaged in the United States to do so. works used by Hizballah to finance their op- that are racketeering activities. ‘‘(2) DEFINITIONS.—In this subsection, the erations, as described in the report sub- ‘‘(2) The extent to which Hizballah, and terms ‘correspondent account’ and ‘payable- mitted to Congress in December 2015 by the agents and affiliates of Hizballah, engage in through account’ have the meanings given Department of State, the Department of Jus- a pattern of such racketeering activities. those terms in section 5318A of title 31, tice, the Department of the Treasury, the ‘‘(b) FORM OF REPORT.—Each report re- United States Code.’’; and Department of Homeland Security, and the quired under subsection (a) shall be sub- (4) in subsection (c), as redesignated by Department of Health and Human Services mitted in an unclassified form but may con- paragraph (2) by adding before the period at entitled, ‘‘The Global Illicit Trade in To- tain a classified annex. the end the following: ‘‘and on any require- bacco: A Threat to National Security.’’. ‘‘(c) DEFINITIONS.—In this section: ments for enhanced due diligence prescribed (b) MATTERS TO BE ADDRESSED.—The re- ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- under subsection (b)’’. port required by subsection (a) shall include TEES.—The term ‘appropriate congressional the following: (b) REPORT ON ESTIMATED NET WORTH OF committees’ means— (1) A description of the steps to be taken SENIOR HIZBALLAH MEMBERS.— ‘‘(A) the Committee on the Judiciary, the by Federal agencies to combat the illicit to- Committee on Foreign Affairs, and the Com- (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, bacco trafficking networks used by mittee on Financial Services of the House of Hizballah. Representatives; and and not less frequently than annually there- after for the following 2 years, the President (2) A description of the steps to be taken to ‘‘(B) the Committee on the Judiciary, the engage State and local law enforcement au- Committee on Foreign Relations, and the shall submit to the appropriate congres- sional committees a report that contains— thorities in efforts to combat illicit tobacco Committee on Banking, Housing, and Urban trafficking networks used by Hizballah oper- Affairs of the Senate. (A) the estimated total net worth of each individual described in paragraph (2); and ating within the United States. ‘‘(2) HIZBALLAH.—The term ‘Hizballah’ has (B) a description of how funds of each indi- (3) A description of the steps to be taken to the meaning given that term in section engage foreign government law enforcement 102(f). vidual described in paragraph (2) were ac- quired, and how such funds have been used or and intelligence authorities in efforts to ‘‘(3) RACKETEERING ACTIVITY.—The term employed. combat illicit tobacco trafficking networks ‘racketeering activity’ has the meaning used by Hizballah operating outside the given that term in section 1961(1) of title 18, (2) INDIVIDUALS DESCRIBED.—The individ- uals described in this paragraph are the fol- United States. United States Code.’’. (4) Recommendations for legislative or ad- (b) CLERICAL AMENDMENT.—The table of lowing: (A) The Secretary General of Hizballah. ministrative action, as appropriate, to ad- contents for the Hizballah International Fi- dress the threat of illicit tobacco trafficking nancing Prevention Act of 2015 is amended (B) Any other individual that the Presi- dent determines is a senior foreign political networks. by striking the item relating to section 202 (c) APPROPRIATE CONGRESSIONAL COMMIT- figure of Hizballah. and inserting the following: TEES DEFINED.—In this section, the term (3) FORM OF REPORT; PUBLIC AVAILABILITY.— ‘‘Sec. 202. Report on racketeering activities ‘‘appropriate congressional committees’’ (A) FORM.—The report required under para- engaged in by Hizballah.’’. means— graph (1) shall be submitted in unclassified (1) the Committee on Foreign Affairs, the SEC. 1296. MODIFICATION OF REPORT ON ACTIVI- form but may contain a classified annex. TIES OF FOREIGN GOVERNMENTS Committee on Armed Services, the Com- (B) PUBLIC AVAILABILITY.—The unclassified TO DISRUPT GLOBAL LOGISTICS mittee on Homeland Security, the Com- portion of the report required under para- NETWORKS AND FUNDRAISING, FI- mittee on the Judiciary, the Committee on graph (1) shall be made available to the pub- NANCING, AND MONEY LAUNDERING Financial Services, and the Committee on ACTIVITIES OF HIZBALLAH. lic in precompressed, easily downloadable Ways and Means of the House of Representa- (a) IN GENERAL.—Section 204 of the versions that are made available in all ap- tives; and Hizballah International Financing Preven- propriate formats. (2) the Committee on Foreign Relations, tion Act of 2015 (Public Law 114–102; 50 U.S.C. (4) SOURCES OF INFORMATION.—In preparing the Committee on Armed Services, the Com- 1701 note) is amended— the report required under paragraph (1), the mittee on Homeland Security and Govern- (1) in subsection (a)(1)— President may use any credible publication, mental Affairs, the Committee on the Judi- (A) in the matter preceding subparagraph database, or web-based resource, and any ciary, the Committee on Banking, Housing, (A), by striking ‘‘this Act’’ and inserting credible information compiled by any gov- and Urban Affairs, and the Committee on Fi- ‘‘the Hizballah International Financing Pre- ernment agency, nongovernmental organiza- nance of the Senate. vention Amendments Act of 2017, and annu- tion, or other entity provided to or made ally thereafter for the following 5 years’’; available to the President. PART III—GENERAL PROVISIONS (B) in subparagraph (D)(ii)(II), by striking (5) DEFINITIONS.—In this subsection: SEC. 1298. REGULATORY AUTHORITY. ‘‘and’’ at the end; (A) APPROPRIATE CONGRESSIONAL COMMIT- (a) IN GENERAL.—The President shall, not (C) in subparagraph (E), by striking ‘‘and TEES.—The term ‘‘appropriate congressional later than 180 days after the date of the en- free-trade zones.’’ and inserting ‘‘free-trade committees’’ means— actment of this Act, prescribe regulations as

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.071 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5809 necessary for the implementation of this dustrial control systems for critical infra- title 10, United States Code, is further subtitle and the amendments made by this structure. amended by inserting after paragraph (2), as subtitle. (2) MEMBERSHIP.—The center of excellence added by subsection (a), the following new (b) NOTIFICATION TO CONGRESS.—Not later established under paragraph (1) shall be com- paragraph: than 10 days before the prescription of regu- posed of representatives of— ‘‘(3) The Secretary of Defense shall ensure lations under subsection (a), the President (A) the Department of Defense; that a certification or verification of job shall notify the appropriate congressional (B) the Department of Energy, including skills and experience required by paragraph committees regarding the proposed regula- national laboratories of the Department of (1) is rendered in such a way that States and tions and the provisions of this subtitle and Energy; other potential employers can confirm the the amendments made by this subtitle that (C) the Federal Energy Regulatory Com- accuracy and authenticity of the certifi- the regulations are implementing. mission; and cation or verification.’’. (c) APPROPRIATE CONGRESSIONAL COMMIT- (D) the Department of Homeland Security. (c) IMPROVED RESPONSIVENESS TO CERTIFI- TEES DEFINED.—In this section, the term CATION REQUESTS.—Section 1143(c) of title 10, ‘‘appropriate congressional committees’’ SA 1094. Mr. REED (for Ms. CORTEZ United States Code, is amended— means— MASTO) proposed an amendment to the (1) by inserting ‘‘(1)’’ before ‘‘For the pur- (1) the Committee on Foreign Affairs and bill H.R. 2810, to authorize appropria- pose’’; and the Committee on Financial Services of the tions for fiscal year 2018 for military (2) by adding at the end the following new House of Representatives; and activities of the Department of De- paragraph: ‘‘(2) A State may use a certification or (2) the Committee on Foreign Relations fense, for military construction, and and the Committee on Banking, Housing, verification of job skills and experience pro- and Urban Affairs of the Senate. for defense activities of the Depart- vided to a member of the armed forces under SEC. 1299. EXCEPTIONS. ment of Energy, to prescribe military subsection (a) and request the Department of (a) IN GENERAL.—This subtitle and the personnel strengths for such fiscal Defense to confirm the accuracy and authen- amendments made by this subtitle shall not year, and for other purposes; as fol- ticity of the certification or verification. A apply to the following: lows: response confirming or denying the informa- (1) Any authorized intelligence, law en- At the end of subtitle E of title V, add the tion shall be provided within five business forcement, or national security activities of following: days.’’. the United States. SEC. lll. SENSE OF SENATE ON INCREASING (d) IMPROVED NOTICE TO MEMBERS.—Sec- (2) Any transaction necessary to comply ENROLLMENT IN SENIOR RESERVE tion 1142(b)(4)(A) of title 10, United States with United States obligations under— OFFICERS’ TRAINING CORPS PRO- Code, is amended by inserting before the (A) the Agreement between the United Na- GRAMS AT MINORITY-SERVING IN- semicolon the following: ‘‘, including State- tions and the United States of America re- STITUTIONS. submitted and approved lists of military garding the Headquarters of the United Na- (a) SENSE OF SENATE.—It is the sense of the training and skills that satisfy occupational tions, signed at Lake Success June 26, 1947, Senate that the Armed Forces should take certifications and licenses’’. and entered into force November 21, 1947; appropriate actions to increase enrollment (B) the Convention on Consular Relations, in Senior Reserve Officers’ Training Corps SA 1096. Mr. MCCAIN (for Mr. GRA- done at Vienna April 24, 1963, and entered (SROTC) programs at minority-serving insti- HAM (for himself and Mr. WHITEHOUSE)) into force March 19, 1967; or tutions. proposed an amendment to the bill (b) MINORITY-SERVING INSTITUTION DE- (C) any other international treaty. FINED.—In this section, the term ‘‘minority- H.R. 2810, to authorize appropriations (b) EXCEPTION RELATING TO IMPORTATION OF serving institution’’ means an institution of for fiscal year 2018 for military activi- GOODS.—The authorities and requirements to higher education described in section 371(a) ties of the Department of Defense, for impose sanctions under this subtitle and the of the Higher Education Act of 1965 (20 U.S.C. amendments made by this subtitle shall not military construction, and for defense 1067q(a)). include the authority or requirement to im- activities of the Department of Energy, to prescribe military personnel pose sanctions on the importation of goods. SA 1095. Mr. BOOKER (for himself strengths for such fiscal year, and for and Mrs. FISCHER) submitted an SA 1093. Ms. CANTWELL submitted other purposes; as follows: an amendment intended to be proposed amendment intended to be proposed by him to the bill H.R. 2810, to authorize At the end of subtitle G of title X, add the by her to the bill H.R. 2810, to author- following: ize appropriations for fiscal year 2018 appropriations for fiscal year 2018 for military activities of the Department SEC. lllll. CARRIAGE OF CERTAIN PRO- for military activities of the Depart- GRAMMING. of Defense, for military construction, ment of Defense, for military construc- (a) DEFINITIONS.—In this section— and for defense activities of the De- tion, and for defense activities of the (1) the term ‘‘local commercial television partment of Energy, to prescribe mili- Department of Energy, to prescribe station’’ has the meaning given the term in tary personnel strengths for such fiscal section 614(h) of the Communications Act of military personnel strengths for such year, and for other purposes; which was 1934 (47 U.S.C. 534(h)); fiscal year, and for other purposes; ordered to lie on the table; as follows: (2) the term ‘‘multichannel video program- which was ordered to lie on the table; At the end of subtitle D of title VI, add the ming distributor’’ has the meaning given the as follows: following: term in section 602 of the Communications Act of 1934 (47 U.S.C. 522); At the appropriate place, insert the fol- SEC. lll. IMPROVED EMPLOYMENT ASSIST- lowing: ANCE FOR MEMBERS OF THE ARMED (3) the term ‘‘qualified noncommercial edu- SEC. ll. COLLABORATION ON CYBERSECURITY FORCES AND VETERANS. cational television station’’ has the meaning OF INDUSTRIAL CONTROL SYSTEMS (a) IMPROVED EMPLOYMENT SKILLS given the term in section 615(l) of the Com- FOR CRITICAL INFRASTRUCTURE. VERIFICATION.—Section 1143(a) of title 10, munications Act of 1934 (47 U.S.C. 535(l)); (a) IN GENERAL.—The Secretary of Defense, United States Code, is amended— (4) the term ‘‘retransmission consent’’ the Secretary of Energy, the Federal Energy (1) by inserting ‘‘(1)’’ before ‘‘The Sec- means the authority granted to a multi- Regulatory Commission, and the Secretary retary of Defense’’; and channel video programming distributor of Homeland Security shall collaborate with (2) by adding at the end the following new under section 325(b) of the Communications respect to matters relating to the cybersecu- paragraph: Act of 1934 (47 U.S.C. 325(b)) to retransmit rity of industrial control systems for critical ‘‘(2) In order to improve the accuracy and the signal of a television broadcast station; infrastructure, including with respect to— completeness of a certification or and (1) the work of the Department of Energy verification of job skills and experience re- (5) the term ‘‘television broadcast station’’ on the cybersecurity of energy delivery sys- quired by paragraph (1), the Secretary of De- has the meaning given the term in section tems; fense shall— 76.66(a) of title 47, Code of Federal Regula- (2) the work of the Department of Defense ‘‘(A) establish a database to record all tions. on platform information technology and training performed by members of the armed (b) CARRIAGE OF CERTAIN CONTENT.—Not- critical infrastructure of the Department of forces that may have application to employ- withstanding any other provision of law, a Defense (as that term is defined in section ment in the civilian sector; and multichannel video programming distributor 1650(f)(1) of the National Defense Authoriza- ‘‘(B) make unclassified information regard- may not be directly or indirectly required, tion Act for Fiscal Year 2017 (Public Law ing such information available to States and including as a condition of obtaining re- 114–328; 130 Stat. 2608); and other potential employers referred to in sub- transmission consent, to— (3) the work of the Department of Home- section (c) so that State and other entities (1) carry non-incidental video content from land Security on the cybersecurity of indus- may allow military training to satisfy li- a local commercial television station, quali- trial control systems. censing or certification requirements to en- fied noncommercial educational television (b) CENTER OF EXCELLENCE.— gage in a civilian profession.’’. station, or television broadcast station to (1) IN GENERAL.—There is established a cen- (b) IMPROVED ACCURACY OF CERTIFICATES OF the extent that such content is owned, con- ter of excellence on the cybersecurity of in- TRAINING AND SKILLS.—Section 1143(a) of trolled, or financed (in whole or in part) by

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.071 S18SEPT1 S5810 CONGRESSIONAL RECORD — SENATE September 18, 2017 the Government of the Russian Federation; SEC. lll. QUARTERLY NOTICE ON THE PROVI- The PRESIDING OFFICER. Without or SION OF DEFENSE SENSITIVE SUP- objection, it is so ordered. (2) lease, or otherwise make available, PORT. channel capacity to any person for the provi- Section 1055(b)(1) of the National Defense f sion of video programming that is owned, Authorization Act for Fiscal Year 2017 (Pub- ELIMINATING GOVERNMENT- lic Law 114–328; 130 Stat. 2399; 10 U.S.C. 113 controlled, or financed (in whole or in part) FUNDED OIL-PAINTING ACT by the Government of the Russian Federa- note) is amended— tion. (1) by inserting after ‘‘department or agen- Mr. LANKFORD. Mr. President, I ask (c) RULE OF CONSTRUCTION.—Nothing in cy’’ the following: ‘‘during a calender quar- unanimous consent that the Senate this section may be construed as applying to ter’’; and proceed to the immediate consider- the editorial use by a local commercial tele- (2) by inserting ‘‘, not later than the begin- ation of Calendar No. 37, S. 188. vision station, qualified noncommercial edu- ning of such calendar quarter,’’ after ‘‘shall’’. The PRESIDING OFFICER. The cational television station, or television clerk will report the bill by title. broadcast station of programming that is owned, controlled, or financed (in whole or in SA 1100. Mr. REED (for Mr. DURBIN The legislative clerk read as follows: part) by the Government of the Russian Fed- (for himself, Ms. HARRIS, Ms. BALDWIN, A bill (S. 188) to prohibit the use of Federal eration. Mr. BENNET, Mr. BOOKER, Ms. CORTEZ funds for the costs of painting portraits of MASTO, Mrs. FEINSTEIN, Ms. HASSAN, officers and employees of the Federal Gov- SA 1097. Mr. MCCAIN (for Mr. RUBIO) Mr. MENENDEZ, Mr. MERKLEY, Mrs. ernment. submitted an amendment intended to SHAHEEN, Mr. WARNER, and Mr. WHITE- There being no objection, the Senate be proposed to amendment SA 930 sub- HOUSE)) proposed an amendment to the proceeded to consider the bill. mitted by Mr. MCCAIN (for Mr. RUBIO) bill H.R. 2810, to authorize appropria- Mr. LANKFORD. Mr. President, I ask and intended to be proposed to the bill tions for fiscal year 2018 for military unanimous consent that the bill be H.R. 2810, to authorize appropriations activities of the Department of De- considered read a third time and passed for fiscal year 2018 for military activi- fense, for military construction, and and the motion to reconsider be consid- ties of the Department of Defense, for for defense activities of the Depart- ered made and laid upon the table. military construction, and for defense ment of Energy, to prescribe military The PRESIDING OFFICER. Without activities of the Department of Energy, personnel strengths for such fiscal objection, it is so ordered. to prescribe military personnel year, and for other purposes; as fol- The bill (S. 188) was ordered to be en- strengths for such fiscal year, and for lows: grossed for a third reading, was read other purposes; which was ordered to At the end of subtitle C of title V, add the the third time, and passed, as follows: lie on the table; as follows: following: S. 188 On page 2 of the amendment, strike ‘‘, is SEC. lll. MODIFICATION OF BASIS FOR EXTEN- owned’’ on line 21 and all that follows SION OF PERIOD FOR ENLISTMENT Be it enacted by the Senate and House of Rep- through ‘‘with,’’ on line 23, and insert ‘‘or is IN THE ARMED FORCES UNDER THE resentatives of the United States of America in owned or controlled by’’. DELAYED ENTRY PROGRAM. Congress assembled, Section 513(b) of title 10, United States SECTION 1. SHORT TITLE. SA 1098. Mr. BURR submitted an Code, is amended— This Act may be cited as the ‘‘Eliminating amendment intended to be proposed to (1) by redesignating paragraph (2) as para- Government-funded Oil-painting Act’’ or the amendment SA 1072 submitted by Mr. graph (4); ‘‘EGO Act’’. (2) by designating the second sentence of BURR and intended to be proposed to SEC. 2. PROHIBITION ON USE OF FUNDS FOR paragraph (1) as paragraph (2) and indenting the amendment SA 1003 proposed by PORTRAITS. the left margin of such paragraph (2), as so (a) PROHIBITION.—No funds appropriated or Mr. MCCAIN (for himself and Mr. REED) designated, two ems from the left margin; to the bill H.R. 2810, to authorize ap- otherwise made available to the Federal (3) in paragraph (2), as so designated, by in- Government may be used to pay for the propriations for fiscal year 2018 for serting ‘‘described in paragraph (1)’’ after painting of a portrait of an officer or em- military activities of the Department ‘‘the 365-day period’’; ployee of the Federal Government, including of Defense, for military construction, (4) by inserting after paragraph (2), as des- the President, the Vice President, a Member and for defense activities of the De- ignated by this section, the following new of Congress, the head of an executive agency, partment of Energy, to prescribe mili- paragraph (3): or the head of an office of the legislative ‘‘(3)(A) The Secretary concerned may ex- branch. tary personnel strengths for such fiscal tend by up to an additional 365 days the pe- (b) DEFINITIONS.—In this section— year, and for other purposes; which was riod of extension under paragraph (2) for a (1) the term ‘‘executive agency’’ has the ordered to lie on the table; as follows: person who enlists under section 504(b)(2) of meaning given the term in section 133 of this title if the Secretary determines that In lieu of the matter proposed to be in- title 41, United States Code; and the period of extension under this paragraph serted, insert the following: (2) the term ‘‘Member of Congress’’ in- is required for the performance of adequate SEC. lll. QUARTERLY NOTICE ON THE PROVI- cludes a Delegate or Resident Commissioner background and security reviews of that per- SION OF DEFENSE SENSITIVE SUP- to Congress. PORT. son. Section 1055(b)(1) of the National Defense ‘‘(B) The authority to make an extension f Authorization Act for Fiscal Year 2017 (Pub- under this paragraph shall expire on Decem- RESOLUTIONS SUBMITTED TODAY lic Law 114–328; 130 Stat. 2399; 10 U.S.C. 113 ber 31, 2019. The expiration of such authority note) is amended— shall not effect the validity of any extension Mr. LANKFORD. Mr. President, I ask (1) by inserting after ‘‘department or agen- made in accordance with this paragraph on unanimous consent that the Senate cy’’ the following: ‘‘during a calender quar- or before that date.’’; and proceed to the en bloc consideration of ter’’; and (5) in paragraph (4), as redesignated by the following Senate resolutions, which (2) by inserting ‘‘, not later than the begin- paragraph (1) of this section, by striking were submitted earlier today: S. Res. ‘‘paragraph (1)’’ and inserting ‘‘this sub- ning of such calendar quarter,’’ after 260, S. Res. 261, and S. Res. 262. ‘‘shall’’. section’’. There being no objection, the Senate f SA 1099. Mr. BURR submitted an proceeded to consider the resolutions amendment intended to be proposed to PRIVILEGES OF THE FLOOR en bloc. amendment SA 544 submitted by Mr. Mr. LEE. Mr. President, I ask unani- Mr. LANKFORD. Mr. President, I ask BURR and intended to be proposed to mous consent that Mac Conforti, a unanimous consent that the resolu- the bill H.R. 2810, to authorize appro- member of my Judiciary staff, be tions be agreed to, the preambles be priations for fiscal year 2018 for mili- granted floor privileges. agreed to, and the motions to recon- tary activities of the Department of The ACTING PRESIDENT pro tem- sider be considered made and laid upon Defense, for military construction, and pore. Without objection, it is so or- the table en bloc. for defense activities of the Depart- dered. The PRESIDING OFFICER. Without ment of Energy, to prescribe military Mr. LEE. Mr. President, I ask unani- objection, it is so ordered. personnel strengths for such fiscal mous consent that George Elmer The resolutions were agreed to. year, and for other purposes; which was Shambaugh, a national security fellow The preambles were agreed to. ordered to lie on the table; as follows: in Senator YOUNG’s office, be granted (The resolutions, with their pre- In lieu of the matter proposed to be in- floor privileges for the remainder of ambles, are printed in today’s RECORD serted, insert the following: the 115th Congress. under ‘‘Submitted Resolutions.’’)

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A18SE6.073 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5811 ORDERS FOR TUESDAY, cause they don’t have to worry about country want. It is just another version SEPTEMBER 19, 2017 losing the health insurance that helps of the same old cruel, heartless, shame- Mr. LANKFORD. Mr. President, I ask pay for their asthma medication or less plan that Republicans have spent unanimous consent that when the Sen- their children’s heart surgery. the last 8 months trying to jam down ate completes its business today, it ad- Here we are again, back on the floor the throats of the American people. journ until 10 a.m., Tuesday, Sep- of the Senate, engaged in a terrible and Don’t take my word for it. Doctors’ tember 19; further, that following the familiar ritual: begging the Repub- groups, including the American Acad- prayer and pledge, the morning hour be licans not to gut our health insurance emy of Pediatrics, the American Acad- deemed expired, the Journal of pro- system for the sake of political games. emy of Family Physicians, and a bunch If the American people want these ceedings be approved to date, the time of other medical specialities, pulled the cruel repeal bills to be thrown in the for the two leaders be reserved for their fire alarm last week when Cassidy and garbage, where they belong, then what use later in the day, and morning busi- Graham released their proposal. They are we doing here? Well, Senate Repub- ness be closed; further, that following sent Congress a letter saying it could licans are pretty desperate. This leader remarks, the Senate proceed to cost millions of Americans their month, they learned from the Senate executive session and resume consider- healthcare coverage. They begged Re- Parliamentarian—the independent um- ation of the Francisco nomination, publicans not to start down this road pire here in the Senate who gets the with the time until the cloture vote again. Instead, the doctors asked Con- final say on how the procedural rules equally divided between the two lead- gress to do something that makes a work—that the legislative instructions ers or their designees; further, that if whole lot more sense: Focus on ways to they passed back in January to kick cloture is invoked, all postcloture time improve health insurance markets in off their whole effort to repeal the Af- expire at 12:15 p.m. and the Senate vote this country, starting with the discus- fordable Care Act will expire on Sep- on confirmation of the Francisco nomi- sions that have taken place in the tember 30. Once that happens, Repub- nation with no intervening action or HELP Committee over the last 2 licans would have to start over with a debate; finally, that following disposi- weeks. That is because there is another new set of instructions if they want to tion of the Francisco nomination, the important end-of-September deadline be able to use the special Senate rules Senate recess until 2:15 p.m. to allow coming up—the date when insurance that allow them to jam this bill for the weekly conference meetings. companies have to set their prices for through without a single Democratic The PRESIDING OFFICER. Without next year’s insurance premiums. vote. So the Republicans have dug Over the last couple of weeks, the objection, it is so ordered. through the trash and pulled out an old two Senators who run the HELP Com- f draft of a bill they think could get the mittee—Senator ALEXANDER on the Re- ORDER FOR ADJOURNMENT job done. It is called the Cassidy-Gra- publican side and Senator MURRAY on ham proposal, named after the Repub- the Democratic side—have held a series Mr. LANKFORD. Mr. President, if lican Senators who put it together. of hearings on policies that we could there is no further business to come be- You might think that after months pass before the end of September to fore the Senate, I ask unanimous con- and months of failed attempts, the Re- help lower premiums and make sure sent that it stand adjourned under the publicans would have something new to that when you buy health insurance, previous order, following the remarks offer. You might think that after their you get coverage that actually means of our Democratic colleagues. last three terrible repeal bills went up something. The PRESIDING OFFICER. Without in flames, the Republicans would pro- I sit on that committee, and, like objection, it is so ordered. pose something more reasonable this most of my colleagues on both sides of The Senator from Massachusetts. time around. You might think that— the aisle, I have been to each of the f but no. This is just the same terrible four hearings we held on this issue. set of policies with a fresh coat of paint Senators ALEXANDER and MURRAY HEALTHCARE and a new name. have also opened up the discussion to Ms. WARREN. Mr. President, it has The Cassidy-Graham proposal com- every single Senator so that even those been over 7 weeks since the Senate pletely eliminates the parts of the ACA not assigned to the committee can voted on three different versions of the that help families afford health insur- come and meet the witnesses and talk Republican bill to repeal the Afford- ance. Do you think insurance is expen- about how to make healthcare better. able Care Act. Each of these terrible sive right now? Just wait for Cassidy- We have traded ideas. We have talked bills would have stripped healthcare Graham. Need help paying for your to Governors. We talked to State insur- coverage from tens of millions of chemotherapy or your surgery? Good ance commissioners. We talked to doc- Americans and raised costs for millions luck. Cassidy-Graham says you are on tors and to patients. And not everyone more. your own. sees things exactly the same way. We During this 7 weeks that followed the What about all the people who count have argued back and forth and put a last of those votes, no one has clam- on Medicaid to help out, people who lot of different ideas on the table. We ored for another try. Phones aren’t have health insurance but have a baby have spent hours talking about how to ringing off the hook with calls for Re- who was born 8 weeks too early and improve healthcare in this country. publicans to go one more round in their who now needs breathing equipment We have 12 days left before the end of effort to rip up the Medicaid Program. and special therapists; people who September. It is not always this sim- Letters and emails aren’t pouring in worked hard all their lives but who ple, but this time there really is a clear asking for legislation to jack up the couldn’t save enough to make it three tradeoff. We can either use those 12 costs for people with preexisting condi- decades in a nursing home; people who days to let Republicans burn down tions. Tweets and Facebook posts don’t use a wheelchair or need a home health healthcare in this country, or we can demand that insurers get the chance to aide to come by so they can live inde- use those 12 days to pass a bill that drop coverage for mental health issues pendently? What happens to them? would stabilize healthcare coverage for and addiction treatment. Well, with massive cuts to Medicaid, millions of Americans. Instead, the families I have spoken the latest Republican proposal turns The Republicans are hoping to slip with have told me, often through tears, America’s back on babies, on seniors, below the radar screen, to sneak the re- that they are so relieved that Repub- on people with disabilities, on our fam- peal of healthcare coverage across the licans stepped back from the brink and ilies and our friends and our neighbors finish line just when we let down our came to their senses. They are breath- who need our help. guard. Well, I have news for the Repub- ing just a little bit easier knowing that I could go on and on about this, but licans who want to go down this road: Medicaid will be there for their elderly let’s get one thing straight about this I see you. The American people see parent in a nursing home or the neigh- latest Republican plan: It is not more you. And we will fight you every step bor down the street who uses a wheel- reasonable. It is not more moderate. It of the way, for as long as it takes and chair. That tight, anxious, terrifying is not bipartisan. And it is definitely for as many more rounds as you want feeling in their chests has eased up be- not something that families in this to go, to stop your ugly bill in its

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.030 S18SEPT1 S5812 CONGRESSIONAL RECORD — SENATE September 18, 2017 tracks. We will not give up on the fam- does so at the expense of families seek- across the party line to make things ilies who are counting on us to defend ing affordable insurance. Instead of better, not worse. their healthcare. We will not back working to lower healthcare costs, the I believe that if parties can look past down. We will not blink. Trump administration continues to this partisan debate, if we can do the Here is the thing Republicans just threaten to withhold the critical cost- people’s business, then we can find don’t seem to realize: We aren’t tired. sharing reduction payments that help common ground. Let’s do that by get- We don’t get tired when we are fighting reduce deductibles and out-of-pocket ting the job done on bipartisan solu- for kids on ventilators. We don’t lose costs for Wisconsin families. Instead of tions that stabilize and strengthen the heart when we are lining up on the side giving healthcare providers certainty healthcare marketplace. Let’s do that of moms with breast cancer or grand- and working to stabilize the healthcare by getting the job done on solutions parents with Alzheimer’s. We never marketplace, the Trump administra- that would lower healthcare costs for ever run out of steam when we are tion is laying the groundwork for high- all American families. fighting for people’s lives. er premiums next year. Thank you. We are here today and tomorrow and In addition, just last week, the ad- I yield the floor. every day, and we will fight back as ministration slashed funding to States Mr. President, I suggest the absence hard as we need to for as long as it for their outreach and education ef- of a quorum. takes to defeat every single attempt to forts to help more people sign up for The PRESIDING OFFICER. The take away healthcare from millions of healthcare. Wisconsin’s trusted Navi- clerk will call the roll. families in this country. gator Programs had their funding cut, The legislative clerk proceeded to Thank you, Mr. President. without explanation, by almost 50 per- call the roll. I yield the floor. cent, despite a long record of actually Mr. MERKLEY. Mr. President, I ask The PRESIDING OFFICER. The Sen- exceeding their enrollment goals. This unanimous consent that the order for ator from Wisconsin. would mean fewer people in rural Wis- the quorum call be rescinded. Ms. BALDWIN. Mr. President, I rise consin will receive the support and as- The PRESIDING OFFICER. Without to join my colleagues in expressing ac- sistance they need to obtain affordable objection, it is so ordered. tually a combination of outrage and healthcare coverage. Mr. MERKLEY. Thank you, Mr. heartbreak that Washington is still Instead of making things worse, we President. working on yet another partisan plan should be making things better by get- Yogi Berra once said: ‘‘It’s like deja to take healthcare coverage and guar- ting the job done on bipartisan solu- vu, all over again.’’ Here we are feeling anteed protections away from families tions that lower costs, that expand the echoes of the recent debates over across this country. This is despite a coverage, and make healthcare more healthcare, yet we have another Re- clear message Americans—and Wiscon- affordable. The Senate Committee on publican plan to dismantle healthcare sinites alike—have sent to Congress Health, Education, Labor, and Pen- and the peace of mind of millions of that they want us to work across the sions—the HELP Committee—is trying Americans coming to the floor. party aisle to make things better and to do just that. We have seen previous plans. We have not worse. This latest repeal plan to- Chairman ALEXANDER and Ranking seen the House bill that was going to tally ignores that message. Member MURRAY have shown great wipe out healthcare for 24 million peo- This plan would make things far leadership in bringing us together to ple. We saw the bill that came over worse, not better. It would make work across party lines on solutions from the Senate in June wipe out things worse by allowing insurers to that work for the American people. Our healthcare for 22 million people. Then charge older Americans an age tax. committee has heard from leaders from we saw the Republicans’ improved That is a worry that Greg from Stod- across the country. These are leaders version of that, wiping out healthcare dard, WI, has shared with me. Greg told and experts who play different roles in for 32 million people. In July of this me that he and his family can’t afford the healthcare system, and they are year, there was yet another plan, back for things to get worse. He has no idea telling us how we can work together to to 22 million—millions and millions of how he and other older Wisconsinites make things better. people losing their healthcare. Now we will be able to afford higher costs for We have had a set of four hearings have one more last-ditch effort to de- healthcare. Greg’s sons, both of them, over the last 2 weeks, and throughout stroy healthcare for ordinary Ameri- have diabetes, and they are already these hearings we have received a con- cans, for rural Americans, for working struggling with the skyrocketing cost sistent message. That message is that Americans. of insulin. now is the time to work together to It is just wrong, and I am going to ex- It would make things worse by dra- stabilize the health insurance market plain some of the reasons all of us matically weakening guaranteed pro- and to make healthcare more afford- should be outraged by this bill—this tections for those with preexisting con- able. new bill, which says immediately the ditions, allowing insurers to cut cov- I believe we need to be doing more to individual mandate and the company erage for essential health benefits and increase the enrollment of younger and mandate are wiped out. What does that charge more for needed care. As some- healthier adults in the marketplace. do? That means instantly, in 2018 and one who was branded with those words We should be exploring bipartisan solu- 2019, there is a destructive race to the ‘‘preexisting condition’’ as a child, I tions to increase outreach and cov- bottom for the insurance pools. If there understand how this repeal would hurt erage for those over 6.1 million young is no pool, if there is no mandate, then Wisconsin families and families adults who are still uninsured. Slash- only those who are sicker sign up. throughout America. ing the funding for outreach, edu- Those who are sicker are more expen- It would make things worse by elimi- cation, and assistance to them will fur- sive, so then more people drop out of nating the premium tax credits and ther destabilize the market and lead to the healthcare pool, and the pool be- cost-sharing reduction payments that higher costs for everyone. comes even more expensive. It just help thousands—thousands—of Wiscon- It is past time to stop this partisan shoots right out of sight. sinites afford healthcare coverage, and nonsense. I urge my colleagues on the We are not talking just about dam- estimates show this particular plan of- other side of the aisle to do just that age that would be done in 2020; we are fered in the Senate could significantly by ending these partisan attempts to talking about damage that would be cut funding for my home State of Wis- take people’s healthcare away and done next year and the year after. consin by almost $3 billion in the year make them pay more for less care. What happens when the insurance 2027. The people of Wisconsin—frankly, companies say there are only 2 years On top of this latest repeal plan, it the people across this country—have left on this, and the healthcare pool has to be added that the Trump admin- sent a clear message. They have sent a has a big hole in it, the healthy people istration continues to play dangerous clear message that they don’t want us are gushing out, and only the sickest political games and engage in sabotage to take people’s healthcare away, and people remain? They are going to drop against the Affordable Care Act and they have sent a clear message that out of providing coverage. Suddenly, Wisconsin’s healthcare system, and it they want us to work together, to work we have hundreds of counties across

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.031 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5813 the Nation with no healthcare provi- policy. Then, we have policies that we attempted to have that debate on sion for those who are currently in the cover just the worker and ones that the floor and we defeated the bill, I healthcare marketplace. cover the family. What do you do as thought: Well, perhaps, we finally put We have been through this conversa- you navigate this incredibly complex this monster 6 feet under. But now it is tion. We have been through the Ted array? This is a continuous stressful back in all its ruthless, tooth-and-fang Cruz fake insurance bill, and it was journey for Americans. fury, ready to destroy peace of mind in voted down by this body with a sub- Maybe you have a job that doesn’t healthcare for our citizens. stantial bipartisan majority. This is a pay very much, and you are able to be So let’s take a vote in this Senate repeat of that, saying let’s destroy on the Oregon Health Plan or on simi- that will do what we hoped we had those insurance pools. lar Medicaid programs across the coun- done before and truly drive a stake What else does this bill destroy? In try. Then, you earn a little bit more or through the heart of this TrumpCare 2020, it destroys the tax credits. Let’s your spouse earns a little bit more, proposition. Let’s stand up in partner- say you were fortunate enough to have and, suddenly, you don’t qualify. How ship with our citizens. the pool survive 2018 and 2019 and you do you get onto the exchange in the Oh, I know this room is full of really have tax credits that enable you to buy middle of the year? How do you work wealthy Americans who have never insurance and there is still a provider out those tax credits for the end of the worried about healthcare. When I was during those 2 years, but then comes year? Or maybe your next job provides first campaigning for the Senate, I met 2020, and there are no tax credits with insurance for you but not your chil- with one of those really wealthy Amer- which to buy insurance so now you are dren. How do you get your children icans in New York City. He said to me: thrown out of healthcare. There is no signed up? It is a very, very stressful I don’t know why you are saying you remedy provided in this bill. situation—this complicated, overlap- are fighting for better healthcare. Ev- Is it possible that you are going to ping healthcare that requires contin- erybody in America has good get covered by the Medicaid Program uous attention just for people to make healthcare. in your State? Well, it is not likely be- sure that, if their loved one is sick, if Well, that is because that individual cause Medicaid in most States provides their child is injured, they will get the lived in a bubble, where he was sur- insurance for poorer Americans, not for care they need when that happens and rounded by everyone he knew having the folks who are getting the tax cred- the family will not end up bankrupt. It good healthcare because they worked its in the exchange. No, they are out of is a pursuit of peace of mind. for really wealthy firms in New York luck. What does this bill do? It makes our City. They are so dramatically discon- What else do we have? The elimi- already complicated system even more nected from the reality of working nation of essential benefits. Essential complicated. It says in this bill: We Americans. benefits are no longer required. Now, want to have 50 different systems for 50 I will tell you what is going on in my we have some history with this in our different States—so much for focusing neighborhood, in my blue collar neigh- country. We have had those fake insur- on a simpler system where we can work borhood—the same neighborhood that I ance policies that you buy that cost to drive out any fraud or inefficiencies went to from grades 3 through 12, the virtually nothing, and then you get or abuse. No, now we have 50 systems same neighborhood that my children sick and discover that your trip to the pursuing different forms of fraud, went to. It is getting tougher to find a emergency room isn’t covered or you waste, and abuse. We should be going full-time job. It is getting tougher to discover your hospitalization is not in the other direction toward sim- find a living-wage job. It is getting covered. Your child gets injured—they plicity, toward a world in which, just tougher to be able to save and to help break a bone—and you discover the x by virtue of being an American, you your child pursue their dreams. It is rays are not covered, and the lab tests know you are covered. You don’t have tougher to be able to help your family are not covered. Well, these are the to worry about that transition from job or, perhaps, to go on a vacation—even fake insurance policies that don’t be- to job or that change as you go from a simple vacation—and it is certainly long anywhere because they are simply one income to another income or the tougher to buy a home. In fact, many a fraud. This is a scam. dynamics that occur should you get people in my neighborhood feel that Why are we returning to a vote on married or get divorced. No, just by the only way they are going to be able fake insurance? Not only do we lose the virtue of being an American, you are to buy a home is to inherit it from individual mandate and the company covered. That is the way the whole de- their parents. mandate that makes sure an insurance veloped world does it. They make it But I will tell you that there is one pool—it is the pool having both sick easy, but here we make it complicated, thing that got easier in the last 8 years and healthy people so insurance com- and this bill is determined to make it against all that—one thing—and that panies can actually provide insurance, much more complicated, much more was that we provided expansion of Med- but we also have this provision of this fractured, and much more stressful. icaid to cover a lot more people and we fake insurance, where you have a pol- So let’s not do that. created a marketplace for insurance icy that costs virtually nothing and Let’s apply a little common sense where working people could use tax then covers nothing. So it is sold to and recognize that none of us would credits to be able to buy care and to those who are vulnerable by the sales run a business determined to make the easily compare policies. So we made a pitch of the scam man. workplace more stressful, more frac- big step forward in one single area—in What else does this do? Well, right tured, less efficient, and more filled one area. Now my colleagues from now we have this very complicated with fraud. But that is what this bill their gated communities and with their healthcare system. It is a big improve- does. 7-digit wealth want to come and de- ment over what we had 8 years ago, but So let’s say no. Let’s have a huge bi- stroy the one thing we did for working it is still complicated. We have Med- partisan response to say absolutely Americans. icaid, and we have Medicare. We have not. Now, it is grassroots America that If President Trump cared one whit on-exchanges, and we have off-ex- defeated those previous diabolical about a working American, he would be changes. We have special insurance for plans to wipe out healthcare for mil- ringing up the majority leader of this the workplace called Workers’ Com- lions of Americans. They filled the Chamber right now and saying: What pensation. We have special insurance streets. Grassroots America overflowed are you doing? I campaigned saying I for children called the Children’s our inboxes. They flooded our phones, was going to stand with workers. This Health Insurance Program. We have and, once again, we need the common bill attacks them. What are you doing? workplace policies that have very good sense of working America, of grass- He would be calling up and saying: I benefits covered by the company, and roots America to weigh in and say how called that House bill mean—that we have workplace policies that are wrong this proposed bill is. House bill which eliminated healthcare very poor policies. We have workplace During the previous debate, I kept for 23 million Americans—the final policies that are paid for by the com- noting that this was like a monster bill. I called it mean and heartless. pany, and there are those where the in- that you can only put away by driving This is meaner. This is even more dividual has to buy into the workplace a stake through its heart. Each time heartless.

VerDate Sep 11 2014 06:12 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.033 S18SEPT1 S5814 CONGRESSIONAL RECORD — SENATE September 18, 2017 But we shouldn’t need the insights of States of America, difficult stories not the way this body was meant to President Trump to be able to under- about people who had lifetime caps; work. stand the damage that this does to or- people who, because their child had an In fact, for those who criticized the dinary Americans because you can see illness as a child—when that child be- Affordable Care Act, for the Affordable it plain as day right there on the pages came an adult, they couldn’t find in- Care Act, there were dozens of bipar- of this bill. surance; people who were being denied tisan hearings. Over 100 amendments So, colleagues, read the bill. Talk to insurance because of a preexisting con- from the Republican Party were in- your healthcare experts, and drive a dition; people who were declaring cluded in the ultimate legislation. It stake through this healthcare monster. bankruptcy in this country, at rates was a process that took months and Thank you, Mr. President. significantly higher than we are seeing months. The President of the United I suggest the absence of a quorum. now, because they could not afford States even met with Republican Sen- The PRESIDING OFFICER. The their health insurance. In fact, per- ators and Congresspeople to discuss clerk will call the roll. sonal bankruptcy in our Nation has and debate the legislation, and it was The senior assistant legislative clerk been cut by about 50 percent. These are aired on C–SPAN. This showed the best proceeded to call the roll. all gains we have achieved through the of who we are, that when we come to- Mr. BOOKER. Mr. President, I ask Affordable Care Act. There is the ex- gether as a body and go through a proc- unanimous consent that the order for pansion of healthcare to millions more ess, good legislation—not perfect legis- the quorum call be rescinded. and the security of knowing that your lation but good legislation—can ad- The PRESIDING OFFICER. Without health insurance won’t be cut off be- vance us toward our principles. Those objection, it is so ordered. cause of a preexisting condition, know- principles were principles that were Mr. BOOKER. Mr. President, I have ing that when you pay for health cov- discussed during the last Presidential watched as this body has recently erage, it will carry essential benefits campaign by both candidates. Donald begun to really work in a bipartisan that every American should get. There Trump himself, our President, said fashion on trying to stabilize the insur- are these gains and many more. time and time again: I want us to have ance markets under the Affordable What has happened after the failure a health system in which everyone is Care Act. of TrumpCare, after the failure of Re- covered, in which everyone has afford- Under the leadership of Senator MUR- publican plans—what actually came able and quality healthcare. RAY, the ranking member of the HELP out of that was something that was en- These values aren’t debatable, and I Committee, and Senator ALEXANDER, couraging to me as a Senator who has am disappointed, I am frustrated, and I the chairman of the HELP Committee, been here for 3-plus years: seeing am angry that we are here again while efforts have been going on, and a num- statespeople from our Senate—LAMAR a bipartisan process is going on, and, as ber of hearings have been held on what ALEXANDER and Senator MURRAY— a great New Jerseyan, Yogi Berra, once needs to be done to stabilize and come together and say: Hey, we have a said, it is deja vu all over again. strengthen the Affordable Care Act. crisis in our country. Some of these Here we are now coming back this This is coming about because of a cri- markets are losing stability. We should week, and we are hearing about an- sis. work together, put aside partisan dif- other Republican bill that has not gone In January of this year, leading from ferences, and try to find a pathway for- through regular order, that has not had December, we have had people—like ward to make sure that in some States hearings, that has not had a bipartisan Standard & Poor’s—talking about how millions of folks don’t lose health in- process. Another bill is coming to the stable these exchanges were. Over the surance. floor. People are whipping up votes, last months, we have seen many ac- We heard—at least I did—some of the and we might have yet another dra- tions—threatening cost-sharing, not best commentary in this body. Perhaps matic moment in this body that mil- advertising the markets—many actions most notable was a speech by JOHN lions of Americans will watch, holding taken by the Trump administration MCCAIN, who stood up and strongly their breaths because their families— that have weakened the markets and talked about regular order, talked their children, their senior citizen par- put the markets in crisis. But it is ac- about us doing things in the Senate in ents—are being held in the balance on tually not the markets that are in cri- a way that brought us together, that a decision this body will make—not sis; it is fellow Americans. People want invited in the public, that had a wide going through regular order, not bring- the same thing. Whether Republican or range of people participating in the ing in experts—on legislation that Democrat, from the West, East, North, crafting of policy—policy that affects hasn’t even been scored by the Con- South, or the heart of our country, nearly 20 percent of our economy, pol- gressional Budget Office. they want the same thing: They want icy that affects hundreds of millions of The CBO hasn’t scored this bill. We quality, affordable care. Americans, policy that is critical to don’t know what its total impact We have come a long way to where the success of our Nation. would be on health coverage or on we are right now. Under the Affordable I am grateful that Senators MURRAY costs. We don’t know exactly how Care Act, we have increased the num- and ALEXANDER have been holding bi- many people could lose their coverage, ber of Americans with health insurance partisan hearings to try to stabilize how much premiums could skyrocket by over 20 million. We have been able the marketplace. Through this process, for the middle class, and just how to bend the cost curve. over the past month, we have had bi- much Medicaid would ultimately be The Affordable Care Act has taken us partisan Governors—Governors from gutted. out of days that no American—very both parties—insurance commis- This is the bill that is coming before few—wants us to go back to, the days sioners, consumers—all have had the us. This is the threat right now to our where people could be denied coverage opportunity to come in and begin to Nation and to millions of people. But based on a preexisting condition. weigh in on different proposals and we do know enough about this bill, and The Affordable Care Act created an their impact on the health insurance previous versions of the repeal plan essential set of benefits, which Ameri- marketplace. This shows we can work that looked very similar to this bill cans from both sides of the aisle think together to try to improve the Afford- give us many hints—more than hints— is very important. These essential ben- able Care Act—not this idea that we give us much evidence about what this efits include such things as healthcare throw it out, hurting not just a few bill would do and how this bill would for women who are having children. people but literally tens of millions of cause millions to lose their coverage They include things like putting parity Americans. This is the way it should be and premiums to skyrocket. And the between mental healthcare and what done. millions who rely on Medicaid for ev- might be called physical healthcare. Past proposals that have failed in erything from opioid addiction treat- There have been so many improve- this body were done the wrong way— ment to maternity care would suffer. ments because of the Affordable Care people crafting legislation behind Let me go through some things we Act, and I have heard about them from closed doors in a noninclusive manner, know about this legislation which is constituents all over my State, as well in a partisan manner, not holding hear- being threatened to be brought to the as voices from around the United ings, not bringing in experts. That is Senate floor and which now casts a

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.034 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5815 shadow over the coverage earned and cap and reduction of Medicaid. By end- What else does this most recent gained by millions of Americans. ing Medicaid as we know it after over version of TrumpCare do, this partisan This legislation would still take cov- 50 years of this program, by suddenly bill that is not going through regular erage away from millions of Ameri- capping it and ultimately giving block order? Just like the other ones, it cans. We know this destructive grants to States, we know it will affect would still weaken the Federal prohibi- version—this partisan repeal plan— dramatically the people whom this pro- tion on lifetime limits, lifetime caps on would take coverage away from mil- gram and these expansions have cov- the insurance that one can receive. lions of people. Experts have already ered. That means Americans with chronic projected that after 10 years, this par- Who gets covered by Medicaid? Who diseases and conditions and children tisan repeal plan could cause over 30 will be affected? In America right now, with unique medical needs and chal- million Americans to lose their cov- over half of all low-income families lenges who still need continued life- erage—30 million Americans cast back rely on Medicaid. Two out of three of saving care could be forced, once they into a world where one illness, where our seniors living in nursing homes hit that cap, to spend hundreds of thou- one injury could devastate their fami- rely on Medicaid. Half of all the births sands of dollars on continued care, lies, could send them into bankruptcy. in the United States of America—our even though they are insured, thus dev- That one illness, that one injury could children, our future, our greatest nat- astating families, sending them into have the worst of results; could cast us ural resource—half are covered by Med- bankruptcy, spiraling them into finan- back to a time when so many Ameri- icaid. cial catastrophe. cans were using emergency room doc- Here is our reality. We are gutting a A couple of months back, one of my tors as their primary care physicians; program that benefits us all—our sen- constituents tweeted me a photo of her could cast us back to a time when iors, our children, as well as the dis- son’s medical bill after a recent sur- many Americans were delaying seeing abled. The cruel Medicaid cuts pro- gery. The bill was for $500, but it doctors because they couldn’t afford to, posed in this bill—the cuts and the showed that without the coverage she allowing preventable diseases or treat- caps in this version—will still put got because of the Affordable Care Act, able diseases to get worse and worse. those who have the most to lose in the she would have owed over $230,000. That Thirty million Americans losing their most serious jeopardy: those seniors in was just for her child’s heart surgery. health insurance means more Ameri- nursing homes, working families, com- Her son Ethan, who was born with a cans will die. That is not a dramatic, munities of color, women, Americans rare genetic disorder, has had four of hyperbolic statement; that is the with disabilities, those folks who are those surgeries. truth. When health coverage rates go already struggling with illness, elder Under this partisan plan, not only down, American mortality rates go up. Americans, Americans living in rural could essential health benefits, like What else do we know about this leg- areas, Americans living in our cities. hospitalizations and prescription islation? It still raises costs like the This is not who we are. These are not drugs, be denied Ethan, but lifetime other versions of TrumpCare. This our values. This kind of draconian ac- caps on coverage would disqualify version of this partisan repeal plan will tion is unacceptable in a nation this Ethan from accessing the care he still force hard-working Americans to great. needs. What else does it do, this newest pay more for, actually, worse care. It As Ethan’s mom put it, the lifetime version of TrumpCare? What else does would abruptly end the critical as- cap is the equivalent of saying: ‘‘Sorry, it do? In this version, this bill—just sisted subsidies that have allowed mil- you’re not worth keeping alive any- like the ones before—still erodes crit- lions to afford care. It would end sup- more. You’re just too expensive.’’ port for people in the very market- ical patient protections established by That is what this plan would allow places about which two other bipar- the Affordable Care Act by allowing insurance companies to do, essentially tisan Senators, through the HELP States to apply for a waiver to opt out saying to Americans: If you had a prob- Committee, are trying to discuss how of the ACA’s essential benefits require- lem when you were a child, if you had we are going to stabilize those markets ment for things as basic as maternity surgeries as a child, once you hit that to give people that very access. care, substance abuse services, pre- cap, you are not worth covering any- We know that as a result of this re- scription drugs, emergency services, more. peal plan, Americans will see their hospitalizations, and rehabilitation deductibles increase by several thou- services. We had a vote on the floor today. It sand dollars. We could once again— This repeal plan could essentially was for national defense. It was a once again, with those increases—see give insurers the green light to once major bill. There were strong state- bankruptcy rates increase after drop- again charge for junk insurance plans ments and speeches on both sides of the ping dramatically under the Affordable that don’t actually cover needed care. aisle. At the end of the day, the over- Care Act. You may have health insurance, but it whelming majority of us joined to- What else do we know about this leg- may be so limited and so constricted gether to provide for our Nation’s na- islation, this newest version of that when you actually get sick, you tional defense; that is, to provide for TrumpCare? It still ends Federal pro- find out it does not cover your illness, our Defense Department. tections, as the other plans did, for your health challenge, your injury. It is a common ideal in this body people with preexisting conditions. This newest version of TrumpCare, that this government, formed by our TrumpCare’s latest version would still this newest version of a partisan repeal forefathers and foremothers, the Con- enable insurance companies to charge plan, also still threatens women’s stitution upon which we stand pro- folks who are sick or who have been ill health. Women comprise two-thirds of claims that this government was or who have a preexisting condition for all adult enrollees in Medicaid. They formed for the common good, for the their care. States could waive that re- would be essentially hurt by the gut- common defense. striction on discrimination against ting of that program. This repeal plan, As we have seen in recent days, the people with preexisting conditions. like previous versions, would still cut idea of defense isn’t just protecting us This plan will still subject millions of off low-income women from accessing against the threat of North Korea, isn’t Americans with those preexisting con- critical preventive and healthcare serv- just protecting us from the efforts of ditions to price discrimination, mean- ices from Planned Parenthood, health the Russians. It is not just protecting ing Americans who may have had can- centers that provide essential preven- us from terrorist organizations. We cer, Americans who are pregnant, tive care and, often in many counties, have seen that the national defense Americans who have a child with au- the only avenue to contraceptive serv- also means the challenges of natural tism could be forced to pay thousands ices. It singles out Planned Parenthood disaster. and thousands of dollars more just to by not allowing them to be reimbursed It was profound for all of us to see get coverage. for basic health services, making it so the crisis faced from Texas to Florida What else does this newest piece of much more difficult for women all and how we—as a nation, hero after legislation do? It ends the Medicaid ex- around our country to access impor- hero in communities large and small— pansion, and it establishes a per capita tant care. stood up during this time and were

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.036 S18SEPT1 S5816 CONGRESSIONAL RECORD — SENATE September 18, 2017 there for fellow Americans, never ask- sential to the ideals of our country— Instead, here we are, with millions of ing their party, never asking or ques- the ideals of life and liberty and happi- Americans now turning their attention tioning what different religion they ness—is having a system of healthcare back to the U.S. Senate—Americans might have. People from all different that provides a stable foundation for with disabilities; parents with children ethnic backgrounds banded together life. like Ethan who worry that should they because that is what Americans do. When half of the children born in this need another operation, if the rules When we are threatened, when we are country are beneficiaries of a Medicaid change, if legislation changes, they attacked, when there is a natural dis- Program, why would we slash that pro- will not have that access; young people aster or an enemy from afar, we stand gram if doing so undermines the very with parents in nursing homes, won- up and take care of each other. The start of the lives of our children? That dering will Medicaid expansion survive very formation and foundation of our is against our values as a country. We yet another attempt to gut the pro- government is based on the ideals that are a nation in which every generation gram. At a time when we need to be en- we are stronger together when we has expanded access, has expanded op- couraging each other and strength- stand together, when we fight together, portunity. ening our commitments to one an- when we invest in each other and sac- Over 50 years ago, when Medicare and other, we face a time of jeopardy, a de- Medicaid Programs were formed, ex- rifice for each other. cision point, a crossroads—not just in I am one who believes the defense of panding access to healthcare for the el- the pragmatic realities of healthcare this Nation isn’t just a powerful mili- derly, expanding access to healthcare that will come forward but a cross- for the sick, expanding access to tary abroad and at home. The defense roads of our values and a crossroads of healthcare for hard-working, low-in- of our Nation also means that for a our ideals. Will we go forward as a na- come people, that was an advancement vulnerable child, who has a terrible dis- tion together, expanding opportunities, forward. When this body passed the Af- ease that we can cure—we, our Nation, securing justice, defending each other, fordable Care Act—and 20 million more should take care of our own. empowering each other, or will we go Americans gained access to healthcare, The defense of our country means back? to lifesaving procedures, to the sta- that our elder citizens, two-thirds of I end with saying this. What I have bility that comes from having that se- whom are in nursing homes and rely on learned is, the decisions made here are curity—we advanced this Nation more the Medicaid Program—the defense of not always easy, and they are often de- toward its ideals. our Nation, the preservation of our This body should be coming together pendent upon the engagement of the ideals is evidenced in the care of the el- to take the imperfections of the Af- Nation as a whole. I stand here, the derly, the dignity that we acknowledge fordable Care Act, to find where it has beneficiary of courageous Americans, and afford them. That is the very defi- fallen short, and work together to who stood and fought for all of our val- nition of who we are as Americans. build upon that foundation so everyone ues and all of our ideals, fought to ex- I am one of those people who believes in this Nation can have justice and op- pand access and equality and oppor- that the ideals of this Nation are evi- portunity; that everyone, when it tunity, fought to defend this Nation at dent not just in the strength of our comes to the grip of illness or disease, home and abroad, and to insist that military but also in the strength of our can find the freedom that comes with every child have certain basic rights system of healthcare. It is a violation the security and the ease of mind in and opportunities. of our principles and values as a nation knowing they can afford to go to a doc- This is yet another moral moment when our healthcare system breaks tor. That is a national aspiration. That for our Nation. I believe every child down—not to the ideals we see in our is national defense. That is who we are should have access to affordable, qual- military where we protect all of our and what we stand for. ity healthcare. I believe every senior country; we stand for everyone, rich or So now here we are again. The most citizen growing old should have the se- poor. But, suddenly, with our frustrating moments of my time as a curity and the dignity of healthy envi- healthcare system, with accessing life- U.S. Senator were to have seen legisla- ronments. I believe people should not saving medicines and procedures, crit- tion not in any way coming through be denied the justice of healthcare be- ical preventive care, it suddenly boils the processes set up by our forefathers cause they have a preexisting condi- down to those who are very wealthy and foremothers in this place. How can tion. getting access, and people who are we usurp the traditions of the Senate I don’t think these are radical beliefs struggling in minimum-wage jobs, and rush to the floor to vote on legisla- in any way. I don’t think it was radical fighting every day to raise their kids— tion that hasn’t benefited from the wis- to stand up in the late 1800s and say somehow that should not be covered in dom and the genius and the experience women should have the right to vote, our ideals. of medical professionals or experts? It that it was radical to think children We are a nation that professes the was just pushed to the floor. Even non- should not have to experience child most profound values—the oldest con- partisan experts say it would rip labor. It wasn’t radical to say that stitutional democracy, which put forth healthcare from millions and would Black Americans should have equal ac- ideals that we are not a theocracy, a raise costs for the elderly. How can we cess to restaurants and hotels. These nation based upon privilege, based as a body do this to ourselves? are not radical ideas. The reason this upon how you pray. We are not a mon- We are in this situation again, where body stood up, generation after genera- archy. We are the oldest constitutional legislation is being proposed, where tion, securing privileges and expanding democracy that put ideals forward that votes are being counted, where people opportunities and opening access—the became lights to other nations. are discussing if can we bring a bill to reason this body did that was not just This ideal that we believe in liberty the floor, another version of those that because of the decisions of the people and justice for all—what justice is have fallen and been defeated. Can we on this floor, it was because Americans there in a piece of legislation that bring this version forward? I say it is stood up and demanded these changes, would cast millions of Americans, our time we stop. It is time we understand demanded this progress, and fought for poorest Americans, our sickest Ameri- that in the same way we hammered out every inch of ground. cans, our elderly Americans into a a bill today and passed legislation—bil- That is the moment we are in right world where they no longer have the lions of dollars to protect our country now, a call to the conscience of our security of healthcare? Is that justice from threats of wrongdoing—that we country. This is not a time to be silent. in this country? make the same kind of effort to work This is not a time to be indifferent. What is the concept of liberty in our together, to talk, to hold hearings, to This is not a time for apathy. This is a Nation if some people are shackled to listen to each other, to try to make time for all of us to make a decision fear and worry that if their child gets sure we are defending each other, sup- about who we will be as a nation. Will sick, they will not have access to care? porting each other, and helping each we be a nation that provides affordable, What is freedom if people are impris- other so that we are a generation, like quality healthcare to all or will we oned by an illness or disease that they our forefathers and foremothers, ex- slide back into that basic right being cannot get adequately treated because panding concepts of liberty and free- only available to a smaller and smaller they do not have health coverage? Es- dom and access for more people. group of people? That is the decision,

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.038 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5817 and the decision will be made, not just some of the challenges we have before I know we have debates around here by the votes on this floor or the deci- us and try to fix those problems. That where people talk about Medicaid as if sions made by the 100 in this body, it took place over the last 2 weeks and it is just another program, just another must be made collectively, through our was among the most positive budget matter, just another healthcare engagement and through our activism healthcare moments we have had in talking point. Well, one of the reasons and what we demand from our rep- the Senate in a long, long time. these bills have not passed is because a resentatives. What did we do? Well, we were fo- lot of Americans—Democrats and Re- Here we are in this moral moment cused on making sure that the cost- publicans and Independents out there with this decision before our country. sharing payments were made—hoping far away from Washington—realize My prayer and my hope is that all of we can get a bipartisan bill on that in what would have happened if we passed us, with a collective voice, with a cho- the next couple of days—and focused on some of these bills, what would have rus that resonates with that of our an- problems in the individual market, real happened to the Medicare Program cestors—that we fight for the defense problems, serious attention to serious that covers more than 70 million Amer- of our Nation, that we stand up and issues—not a game, not a political ex- icans. take responsibility for ideals of equal ercise, not an ideological exercise; No one here would lose their justice, ideals of liberty and freedom, Democrats and Republicans sitting healthcare, by the way. No Senator, no ideals of life and liberty and the pur- down and working together in the House Member, or their families would suit of happiness, ideals that have HELP Committee to solve some of—not lose their healthcare. But folks here made this Nation shine and have shown all of but some of the problems in our were perfectly willing to support legis- our greatness and our character. That healthcare system. It has been a very lation that would result in millions— doesn’t happen by accident or some in- positive development for the com- not a few million; double-figure mil- evitability of history. It happens be- mittee, for the Senate, and for the Na- lions—15 million, maybe, would have cause we fight for it and work for it. tion. lost their healthcare and Medicaid if If there is any moment in American There is a little more good news. these bills had passed and several mil- Both parties have come together to history where we need that spirit, that lion more in the exchanges or other- make sure that the Children’s Health American grit, that toughness and that wise. Insurance Program continues. It is one That is what we were debating, but, fight, it is this moment right now. Mr. President, thank you. of the most important programs in as I said, since July 28, we have had a I suggest the absence of a quorum. Pennsylvania. These are approximate lot of bipartisan moments and that is a The PRESIDING OFFICER (Mr. numbers, but about 175,000 children in good thing. Pennsylvania get their healthcare that Where are we right now? Well, here is GARDNER). The clerk will call the roll. The legislative clerk proceeded to way. So both parties came together on where we are: with a piece a legisla- call the roll. that as well. It is very bipartisan. tion—the shorthand is Cassidy-Gra- Mr. CASEY. Mr. President, I ask Since its enactment way back in the ham, the two Senators who are leading unanimous consent that the order for midnineties, CHIP has been bipartisan. the bill. What would it do? Well, it the quorum call be rescinded. There have been a couple of rocky would do a couple of things that we The PRESIDING OFFICER. Without roads here and there, but it has been should never allow to pass, in my judg- objection, it is so ordered. mostly bipartisan for 20 years, and it ment. It establishes a per capita cap on Mr. CASEY. Mr. President, I rise to- will be again at this time in the Sen- Medicaid. That is a bad idea. We should night to talk about yet another ate. reject that. It ends Medicaid expansion healthcare debate we are having here It is very personal to me. My father as we know it, the part of Medicaid in the Senate. As many people know was the Governor of Pennsylvania in that now covers 11 million people. In the context of how difficult it is and have been following this over the 1992 when CHIP passed. I think we might have been the largest State with for States and counties and commu- last number of months, we had a long a children’s health insurance program, nities across the country to deal with debate and then a vote here at the end and those kinds of State models be- the opioid crisis, I hope they don’t say: of July. At that point, despite all of came the basis for Federal legislation. We are going to pass a bill that will the conflict and all of the debate and It is deeply personal to families end Medicaid expansion as we know it, arguing about healthcare for not just across Pennsylvania who, absent the because we know that the biggest months but for years, we moved to a CHIP program, would not have payer—the program that has the most new chapter, and that new chapter for healthcare. The same is true of Med- impact on treating people who are in a number of weeks has been very posi- icaid, which, of course, is a much big- the grip of the opioid epidemic, who are tive. ger number. A lot of children in the gripped by that addiction—Medicaid When I went home to Pennsylvania, I country have healthcare solely because expansion provides more help than any went to 32 counties in the month of Au- of Medicaid, and some adults have other program. At last count, 68,000 gust, and in a lot of those counties, I healthcare solely because of Medicaid— Pennsylvanians with an opioid issue tried to give a bit of good news on millions of them. got their help from Medicaid expan- healthcare despite all of the conflict I think when we have these debates, sion. Solely because of Medicaid expan- about it. I was able to say that since we should remind ourselves about the sion, they can get help for opioids. So July 28, when the vote was held, we value, the importance, the significance ending the Medicaid expansion as we have had very positive bipartisan dis- of these programs and the consequence know it is another bad idea. cussions. I was part of several of them. of undermining them or wiping them It rolls back protections for Ameri- The chairman of the Health, Edu- out. In the case of Medicaid, what some cans with preexisting conditions. I cation, Labor, and Pensions Com- earlier versions of the Republican thought we settled this, that this mittee—the so-called HELP Com- healthcare bills would do would be to would be a guarantee going forward, mittee—Senator LAMAR ALEXANDER decimate Medicaid over time. Maybe that no matter what bill—Democratic, from Tennessee, announced, in agree- not in year 1 or year 2, but over time Republican, or otherwise—we would ment with Senator PATTY MURRAY of they would have a terribly devastating make sure that was a national stand- Washington, that they were going to impact on Medicaid. ard, that no one had to worry about preside over bipartisan healthcare What is Medicaid? It happens to be preexisting conditions again. Well, hearings in that committee—probably the program through which 40 percent here we are again concerned about the first bipartisan hearings in a long of all children get their healthcare and what might happen as a result of this time. What that meant was that we 60 percent of all children with disabil- legislation and what a State might do were going to finally have hearings and ities get their healthcare. About two- to take away the protections on pre- a thorough examination of a few issues, thirds of nursing home care is paid for existing conditions because they waive not a sweeping bill that would repeal by Medicaid. Ask a family member who it, and they are allowed to waive it the Affordable Care Act and decimate has a loved one with a disability what under these bills. Medicaid the way the prior bills would Medicaid means to that family. Med- It allows States to impose burden- have but take elements or pieces of icaid is life or death. some work requirements as a condition

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.039 S18SEPT1 S5818 CONGRESSIONAL RECORD — SENATE September 18, 2017 of coverage. That is another result of gram called Medicaid or other the grass to inject its venom into peo- the bill. healthcare programs because that is ple—my analogy for losing your It takes coverage away from millions what a great country does. healthcare coverage—then we are not of Americans. We mentioned that, but If we do to Medicaid what some here the Senate we should be. We are not it bears repeating. have wanted to do, we will be dimin- the government we should be. This isn’t just a policy debate; this is ished as a country. We will all be di- We should be an institution—the U.S. about folks whom we all represent. I minished. Do we want to live in a coun- Senate—that protects people from represent families in Pennsylvania, try where we just had 20 million people those kinds of adverse consequences. many of whom wrote to me, have con- gain healthcare coverage and go back- And this bill is that kind of a threat to tacted me telling me their stories. One ward, have more people without health people. It will bite, and that bite will of them was Pam Simpson. insurance, have more children lose have a lot of venom. Pam is from southeastern Pennsyl- their Medicaid coverage? Is that the Why do I say that? Well, think of vania, Coatesville. Her son Rowan was country we want to be? I don’t think what would happen to the Medicaid diagnosed on the autism spectrum a so. I don’t think any Republican be- Program. By one estimate, starting in number of years ago. Prior to having lieves that, and I don’t think any Dem- 2027, funding would be cut off com- the protection of Medicaid—what we ocrat believes that—if you call yourself pletely, leaving 32 million Americans call in Pennsylvania Medical Assist- an American, because that is what without access to health insurance of ance—that family had a big challenge. America does. We take on big chal- any kind and leaving States with zero Challenges continue even after the cov- lenges and we solve problems. Federal dollars to replace Medicaid ex- erage. Medicaid is not the problem here. We pansion, marketplace tax credits, and What Pam said to me in a letter was have problems in our healthcare sys- cost-sharing reductions. So please how much benefit there was to her tem; Medicaid is not one of them. Med- don’t make the argument that Med- family in terms of getting the treat- icaid is helping a lot of people, and we icaid is going to be just fine when you ment and the help from Medicaid. She are going to protect it. are block-granting it, which is a rather said: This idea that we have come together benign description of giving a block of Without Medicaid, I am confident I could in the HELP Committee on fixing the money to a State and hoping that it not work full-time to support our family. We parts of the system that we have to fix works out, hoping that it is enough would be bankrupt or my son— and doing a thorough examination and money or enough funding to pay for Meaning Rowan— having hearings—isn’t that a radical that State’s Medicaid needs. would go without the therapies he sincerely idea? I just heard in the last couple of What if you have more children with needs. hours that there is a healthcare hear- disabilities? What if that number grows? This bill basically says to the So here is a child who was 5 years old ing on Monday. Oh my goodness. Isn’t State: Good luck, State. The State has when he was diagnosed, and here is a that wonderful? So there will be a to balance its budget, by the way. The mother telling me that their lives are a hearing on Monday, and I guess they Federal Government doesn’t have to do lot better because they have the pro- want to pass the bill on Thursday. That that. The State has to balance its tection of Medicaid because their son is what counts for thorough examina- budget, and they, by definition, will has a disability. And there are a lot of tion or regular order on one of the have to cap services and treatment to families in which a child might have most complicated challenges we have? people with disabilities. So that is more than one disability. And even Why don’t they agree to do it the way what this is all about in the end. It is some families who have wealth or very LAMAR ALEXANDER did, as the chair of the HELP Committee? He said we are about sending the problem back to the good healthcare coverage still need States and calling it flexibility. Isn’t going to take these discrete, individual Medicaid if they have a child with a that a nice word? All these benign challenges and examine them closely, profound disability. So this isn’t just words—flexibility, block granting, per come together on a bill, and then pass about one group of Americans; this capita caps—all sound so benign. There the bill, and then we are going to move cuts across all incomes, all regions, all is a lot of venom in those policies. parties, all beliefs. That is what Med- to the next problem and the next chal- What does it mean for one State? I icaid does, because do you know what lenge and solve them one at a time or will just give you one example. In Medicaid is? It is an American pro- two at a time, not take a meat ax to Pennsylvania, we had more than 700,000 gram. Medicaid and hope it works out for peo- people obtain health insurance through We are the greatest country in the ple who don’t have any healthcare cov- Medicaid expansion—over 700,000 peo- world. We have the strongest economy erage. That is what a great Senate ple. In the marketplace or the ex- in the world. We have the strongest would do. We would have months of change, there are another over 400,000 military in the world. And we can do hearings on this bill that some people people. So more than 1.1 million people all that and still have a program that want to pass by the end of September. got healthcare in one State through says to any family who has a loved one But I will go back to the positive Medicaid expansion or through the with a disability: We are going to help plane that we have been on. There has marketplace. you. We don’t care where you live—we been good work on the HELP Com- How about rural Pennsylvania? We are going to try to help you because mittee on some issues, good work on have 67 counties. How about the 48 your family member has a disability. If the Finance Committee on the Chil- rural counties in my State? How many you are low income, we are going to dren’s Health Insurance Program get- people living in rural Pennsylvania got make sure your child has healthcare ting reauthorized. While all of that col- healthcare? At last count, it was over and gets all the excellent screening and laboration is going on, all of those good 278,000 people—almost 280,000 people— diagnoses that take place early in a discussions, all of that back-and-forth and 180,000 obtained health insurance child’s life to prevent disease, to pre- about policy, no yelling, no screaming, through the Medicaid expansion. The vent all kinds of challenges in the life no finger-pointing, all the while, just balance was through the exchanges. of that child, because we are a great in the last couple of days, this bill is What are we going to say to rural country. moving through Washington quietly, Pennsylvania? I know 180,000 of your We are called America, and that is but it is moving and it is starting to neighbors, friends, and family members what America does—we take care of pick up momentum, like a snake in the got health insurance through Medicaid people who need help. And if it costs grass. That is what this bill is—it is expansion, but we are going to wind some more, we find the money to do it, like a snake in the grass. You may not that down, and you will be just fine. just as we find the money to protect see it yet, you may not know much Don’t worry; Washington will guar- our security when we have a conflict. about it, but it is coming. And if they antee that you are just fine. That is a We all come together as a country, and pass it next week, you may not feel the big lie, if you try to make that argu- we protect the country. impact in 2017, you may not feel the ment to rural Pennsylvania and to Well, it is about time that Wash- bite of that serpent in 2018, you may other parts of our State as well. ington came together to protect people not feel it in 2019, but you are going to What do we say to rural hospitals who have the benefit of a great pro- feel it. And if we allow that snake in that have very thin margins already?

VerDate Sep 11 2014 06:23 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.041 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5819 Some of them are on the brink of hav- ance with that promise. I would use an time this year, Republicans are going ing a major problem and depend upon old expression and ask Members of the to do whatever it takes to pass a the support they get from Medicaid. In Senate to examine their conscience. Is healthcare bill, even if no one knows rural Pennsylvania we have a lot of this what you want people to remem- what is in it or what it will do, even if folks who have illnesses and challenges ber you for—this kind of vote, where this bill is very clearly bad policy. By that maybe some of the rest of us don’t Rowan’s mother has to worry, Rowan doing this, they are letting down mil- have. They tend to be older folks who has to lose his Medicaid coverage, a lions of Americans who were counting have those challenges, too. What do we poor child in a big city has to lose their on the Senate to be the cooling saucer say to them? healthcare coverage, or a child in a and to slow down and consider policy Are we saying to them that we are rural area or someone working at a carefully. just going to wind down the support rural hospital loses their job because of There has been very little debate that Medicaid provides in a State like these massive ideologically driven cuts around this bill. We have not heard Pennsylvania? to Medicaid? from doctors. We have not heard from So my plea to my colleagues is this. I hope you can answer the call of patients or advocacy groups. We have Don’t allow this snake in the grass to your own conscience when you vote not heard from healthcare administra- get close to anyone and to bite them that way. tors or economists. That is because we and to inject venom in them. Don’t I yield the floor. have had no hearings. allow that to happen. Don’t allow this The PRESIDING OFFICER (Mrs. Just tonight, Senate Finance Chair- bill to rip away healthcare from mil- CAPITO). The Senator from Hawaii. man HATCH announced that on Monday lions of people, just like the bill before Mr. SCHATZ. Madam President, for at 10 a.m. his committee will hold a that and the bill before that. Work the past several months, Republicans hearing on the bill, and I am hopeful with people in both parties to do what in Washington have done just about ev- that, through that process, we will we are doing in the HELP Committee erything they can to hide their begin to understand the damage that and, to a certain extent, although very healthcare repeal bill. Remember that this bill will do. But right now, here is limited, in the Finance Committee. I way back in the beginning they tried what we know. This is actually the think we have a good model to work to actually move a bill without a CBO most extreme of all of the versions of together, but I can’t go back to Pam score. Then, they realized that even TrumpCare that we have seen. Here is Simpson and say: Pam, you know what; Republicans didn’t want to vote on what it does. It eliminates everything I know that you are happy with the something without knowing how much in the ACA that was essential: tax Medicaid that Rowan is receiving, and it would cost or how many people credits and subsidies to help people to I know it is working out for you, but would lose healthcare coverage. So afford their insurance; the Medicaid ex- there are some people in Washington they said the score didn’t matter or pansion, which is very, very successful who just had a different idea for you. that it was wrong, except for in the and very popular; and the protocols So you are on your own. You and your areas where they liked the numbers. that we have in place for people with family are on your own. They trashed the CBO even though, for preexisting conditions. I don’t think that is what we do as the last 8 years, they referred to the It eliminates Medicaid as we know it. Americans. Forget being Senators; I CBO to make their argument against This bill eliminates Medicaid as we don’t think that is an American thing the Affordable Care Act. know it. So what they did was that to do. We help people that need help. When that didn’t work, they tapped they established block grants, which All of us in our lives need help at some 13 men to draft a bill in secret. It is no means you get a fixed amount. Each point or another. No one is immune to surprise that a bill crafted without State gets a fixed amount for Medicaid. some of these challenges. women, without hearings, and without Then, those Medicaid block grants dis- I will just read one or two sentences Democrats was not able to cross the appear after 10 years. from the end of the letter that Pam finish line. It is shocking to me that having Simpson wrote me months ago, in the Now they are actually back to their failed to get the votes, they went fur- earlier part of this year, when she original plan, which is to push legisla- ther to the right, with deeper cuts to talked about how important Medicaid tion without a score from the CBO. In Medicaid—both to the Medicaid expan- was to her. She is pleading with me at other words, we are going to go to next sion program and to the Medicaid Pro- the end of this letter to protect her son week, and we are going to vote without gram as it existed before the Afford- and to protect her family. I would just knowing how bad this bill is. This is able Care Act. They went ahead and ask that my colleagues consider this not the way the Senate is supposed to said: You know, we only got to 49 votes when they are considering how to vote. work. If there is no score, there should last time. So I think what we should do Pam talked about all the benefits be no vote. is to eliminate all of the subsidies, all that Medicaid provides her son because Clearly, CBO got back to the Senate of the patient protections, all of the es- of his disability and her family. She today and said that they will have sential health benefits, and all of the said: Please think of Rowan, my son. enough time to analyze the fiscal im- Medicaid expansion, and let’s take Please think of my husband and me, pact of this proposal, but they will not Medicaid as it exists and eviscerate it. she said. But here is how she concludes: be able to analyze the impact it has on The latest version of TrumpCare will Please think of my 9-month-old daughter our constituents. take healthcare coverage away from Luna— So do you remember the last 2 or 3 tens of millions of people. That is Rowan’s younger sister— iterations of this bill? People were con- Last week our country hit an impor- who smiles and laughs at her brother daily. cerned with the fiscal impact. But re- tant milestone. The number of Ameri- She will have to care for Rowan later in her member that the headlines were that 18 cans who do not have health insurance life after we are gone. Overall, we are des- million people lose coverage, 26 million fell to a historic low of 8.8 percent. perately in need of Rowan’s Medicaid assist- people lose coverage, and 32 million That means that 9 out of 10 Americans ance and would be devastated if we lost these people lose coverage. now have health insurance. But instead benefits. We are going to vote next week not of celebrating this milestone, Repub- I hope we can all say to Pam Simp- knowing how many people are going to licans are about to end our country’s son and her family and to any family lose coverage. It shouldn’t matter what progress on healthcare. who benefits from Medicaid or Med- side of the aisle you sit on. We should Americans who don’t lose their cov- icaid expansion or the protections of all be able to agree that something as erage will still get hurt with higher the Affordable Care Act that we are complicated as healthcare needs as premiums or insurance plans that don’t guaranteeing that you are going to much debate as we could possibly get, cover basic things like getting help for have those protections. We are going to and that is certainly more than the 90 opioid addiction, pregnancy, hospital guarantee that those protections are seconds that procedurally we have left stays, mental health. So if this bill going to be there for you. on this bill. passes, healthcare will no longer be a Hopefully, every Member of the Sen- After all, this is one-sixth of the right in this country. It will be a privi- ate can say that and vote in accord- American economy, but for the third lege. It depends on where you live,

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.042 S18SEPT1 S5820 CONGRESSIONAL RECORD — SENATE September 18, 2017 where you work, and how much money This bill will also take away protec- healthcare away from the people who you make. tions for people with preexisting condi- need it, who are sick, and who will not This bill devastates one of the best tions. Nothing will hold States back be able to get healthcare if the bill and most successful programs this from allowing insurers to charge people goes into law. country has, and that is Medicaid. This with diabetes more or people with can- This may feel like the zombie bill we is a program that helps one out of cer more for their health insurance. have killed several times already. I every five Americans and two out of Experts have started to look at what know it feels like that for me. I am every five children. It helps one out of this will mean for people with pre- sure that people are exhausted. I am every two families with a newborn existing conditions, and they will pay sure that people thought this was over. baby, and it covers three out of every thousands of dollars more. A patient We had that magnificent moment on four long-term nursing home residents. with asthma will pay more than $4,000 the Senate floor when JOHN MCCAIN Medicaid saves lives—nursing home pa- a year extra if this bill passes, while a walked over to that well right there tients, people struggling with opioid patient with metastatic cancer will and did a thumbs down. I tell every- addiction, and people who are working pay $142,000 extra. If you have meta- body back home that it is so rare that two jobs but still don’t have enough to static cancer, this bill will cost you politics is just like the movies, but cover their own healthcare. $142,000. If you have a kid with asthma, that night was just like the movies. This bill destroys Medicaid as we that will be $4,000 a year. This is their JOHN MCCAIN saved healthcare for the American people and put us on a path know it. They start off by putting tra- healthcare bill—to charge people more toward regular order. What does ‘‘reg- ditional Medicaid into what they call who get sick. That is their healthcare ular order’’ mean? I did not know what per capita caps or block grants. That bill. basically means that, whatever money Everything that is working under our that phrase meant until I came to this institution. Regular order just means was spent last year, that is the amount healthcare system is being shredded by that the Senate understands that it has the State gets in perpetuity until they this bill. Take Planned Parenthood. a special obligation in American soci- just zero it out completely. What that These health centers serve millions of ety—that we are the place in which we means is that States will be left with- women and men across the country. are supposed to handle tough issues. out adequate Federal funding for Med- They are part of the solution, not the Chairman MCCAIN pricked our con- icaid. Think about what this means for problem, but this bill cuts funding to sciences as Senators. Forget Demo- the healthcare infrastructure in this Planned Parenthood, which will cause crats and Republicans; forget Liberals country. many of these clinics to close. and Conservatives. We are all here be- In many States hospitals and local I want you to think about how many cause we want to try to make a dif- governments have actually designed people in this country are actually em- ference. So there we were with LAMAR the healthcare system based on a cer- ployed in the healthcare industry. ALEXANDER, the chairman of the tain amount of Federal funding coming When the Affordable Care Act started Health, Education, Labor, and Pen- in. If you take away that funding, hos- to kick in, research estimated that as sions Committee, and PATTY MURRAY, pitals will collapse. In rural areas, hos- many as half a million jobs were cre- the top Democrat on that committee. pitals and clinics will close, and people ated. But if millions of people are to They were ready to work on a bipar- will be left without options and ulti- lose their insurance, that means that tisan basis. LAMAR had held hearings mately without access. That is just the they will lose access. If fewer people and, by all accounts, they had had damage done by cutting Medicaid. can access healthcare, that means that tough negotiations and difficult chal- This bill also lets insurance compa- we will have fewer doctors, nurses, and lenges, not as much progress as you nies opt out of covering what they call technicians. In other words, cuts to would want or as quickly as you would ‘‘essential health benefits.’’ This is a healthcare coverage are also cuts to want. That is the way legislating term of art, a piece of jargon. So I want American jobs. works. They are in a bipartisan proc- to explain what this means. Under cur- I know that, in a lot of rural commu- ess, and we show up here, and that rent law, there are certain things that nities across Hawaii and across West process is in danger of being blown up. have to be in any healthcare plan. Virginia and across the country, the This bill is a rotten piece of legisla- Those are called essential health bene- community healthcare centers or the tion. It is not like this thing has been fits. You buy a healthcare plan, wher- small rural hospitals are not just the vetted by experts. It is not like this ever you buy it. If you get an em- centers of their communities in a so- thing is bipartisan. It is not like this ployer-covered plan, if it is a DOD plan cial context or in a community con- thing will help. It would be one thing if or a VA plan, or if you are on the ex- text, but a lot of the time they are the this were absolutely necessary. Then, change—whatever it is—it has to cover economic drivers. So this will do great you could make some procedural ac- certain things. Let me list what is cov- damage to rural America. commodations because you just must. ered right now as an essential health I end by making clear what this This is a political necessity for a party benefit: ambulatory patient services, means for Americans and their that has not yet had a legislative win. emergency services, hospitalization, healthcare. This is bad policy, plain That is why they are doing this. They maternity and newborn care, mental and simple. It is bad if you live in a are in a hurry because they have until health and substance abuse services, State like Ohio, where lives have lit- September 30 to check a box called prescription drugs, rehab, lab services, erally been changed because people ‘‘We repealed and replaced the Afford- preventive and wellness services, now have access to prescription drugs able Care Act.’’ They have no new chronic disease management, and pedi- or to a primary care provider under ideas. So what they did was to take all atric services. These are the things Medicaid. It is bad for people who buy of the bad ideas from all of their pre- that actually have to be in your their insurance on the exchanges be- vious bills and put them into one bill, healthcare plan under ACA. cause their prices are going to go up. and they are going to take one last Yet do you know what this bill does? It is really bad for people with dis- swing at it. It says: No need. Configure your abilities. This is not unusual. For I cannot tell you how disappointed I healthcare plan however you see fit. whatever reason, people with disabil- am, not just on policy but on process. If you are a health insurance com- ities are the first to be punished when I was never prouder to be in the Senate pany and if you are a for-profit health the battle over healthcare comes up. than on that early morning, after a insurance company, you are going to It is bad for people with preexisting long session, when JOHN came in and, pick and choose these things based on conditions because States will no in my view, saved the Senate and put what is profitable, and if there is a cer- longer be required to protect their abil- us on a path toward regular order. Do tain thing that is costing you a lot of ity to get healthcare. This bill does not not blow that up. We have a chance to money, you are under no obligation to pass Senator CASSIDY’s own Jimmy do things in a bipartisan way and re- provide any of these health benefits be- Kimmel test. That is why more than store the dignity of this institution, cause it is not in the law anymore. half a million doctors in the United but what we are fixing to do next week This eviscerates essential health bene- States have come out as being opposed will take us in a very, very dark direc- fits. to this bill, because it will take tion.

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.043 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5821 I yield the floor. Republicans and Democrats are talking have spent some time in thinking The PRESIDING OFFICER. The Sen- to each other about the bipartisan bill about what this legislation does, but ator from Connecticut. that Americans in every State are beg- virtually no one else has been let into Mr. MURPHY. Madam President, be- ging for. Apparently, if this bill is the room. Patients have not been in fore the Senator leaves the floor, I just going to be brought before the Senate, that room. Doctors have not been in want to probe him for a moment on then that whole process was a fraud. It that room. Hospitals have not been in this question of process. was a ruse to distract Democrats into that room. Do you know why I am Listen, this is an affront to the Sen- thinking that there might be a bipar- pretty confident of that? It is because ate—a bill that reorders one-fifth of tisan fix. It was pulling one over on the all of the groups that represent those the U.S. economy and that is being de- American public to give the impression populations oppose this legislation. livered to us days or weeks before we that, maybe, Republicans were inter- Potentially, we are going to vote are to vote on it. ested in a bipartisan compromise. next week on a healthcare bill that The Senator may have covered this, Right now, there is a process playing massively, massively reorders the and if he did, he may just reiterate it out, and if this bill comes up for debate American healthcare system and that for me. with no CBO score, then, that bipar- is opposed by the American Academy My understanding is that there is not tisan process, which was really hopeful of Family Physicians, the American going to be a CBO score before this bill for a lot of Americans, I assume just Academy of Pediatrics, the American is before us. For the folks who do not falls apart; right? College of Physicians, the American know what that means, that means Mr. SCHATZ. Madam President, I College of Obstetricians and Gyne- that everyone who votes on this bill think the Senator is right. I agree with cologists, the American Osteopathic will have no clue as to how many peo- him. Association, and the American Psy- ple will lose insurance, how high pre- I think that one of the most encour- chiatric Association. Those are the miums will go, or how much money aging things over the last 5 weeks has physician groups. their States will lose. I do not think been LAMAR ALEXANDER and PATTY By the way, it is kind of hard to that we have ever, ever voted on a bill MURRAY and their ability to work to- know for these groups whether they are of this scope and size without having gether. I mean, if you had told, I think, for it or against it, as there is no CBO an analysis from the CBO. My under- either of us that we were going to re- analysis of this, but the patient groups standing is that, today, when you list peal and replace No Child Left Behind have weighed in. Basically, every group or rank the affronts on the process in- with 77 votes in the Senate, I would that represents patients who are sick volved in the debate over Graham-Cas- have said: I don’t know. That seems in this country is begging this Con- sidy, at the top of that list will be the like it is going to get into some pretty gress not to pass this bill. fact that we are not going to see a CBO difficult, partisan, thorny territory. Also included is the ALS Association, score. Yet what LAMAR and PATTY were able the Cancer Society, the American Dia- Mr. SCHATZ. Madam President, I to do is to conduct hearings and bring betes Association, the Heart Associa- thank the Senator from Connecticut. us through a process by which we acted tion, the Lung Association, the Arthri- That is right. I would just point out like a Senate, and we got all the votes. tis Foundation, the Cystic Fibrosis that they are going to get the fiscal Now we are in that process when it Foundation, the Juvenile Diagnosis Re- impact from the CBO in order to com- comes to healthcare, and I think some search Fund, the Lutheran Services of ply with the terms of reconciliation, people feel deeply uncomfortable with America, the March of Dimes, the Na- but that is, actually, not what impacts empowering the chair men and women tional Health Council, the National the American people the most. of this body. They feel deeply uncom- Multiple Sclerosis Society, the Na- When you get a CBO score—and it is fortable. They talk about the regular tional Organization of Rare Diseases. How do you pass a bill that has no exactly right, what the Senator from order, but they really just want to get CBO score, that has had no hearings, Connecticut said—you find out what their way on the floor. that is opposed by every single group impact it has on your home State. You I will just make one other point here. that Republicans welcome into their find out the number of Americans who As people on the Republican side were office every year representing people are going to be harmed by this bill or justifying their ‘‘yes’’ votes in BCRA with serious diseases? helped by this bill. What we do know is and whatever the other one was called There have been some really mean that, basically, this contains elements before that, they were always talking healthcare proposals, but Graham-Cas- of all of the previous pieces of legisla- about advancing the conversation and sidy is the meanest version of tion. It, actually, just kind of combines bringing us into a conference com- TrumpCare yet. Let me walk you them all and puts them in a pile. So it mittee negotiation. Now, because Sep- through why I say that. is very hard for me to imagine, when tember 30 is the deadline, there will be Again, we don’t have the numbers so they do come back with their analysis, no negotiation. If Graham-Cassidy we don’t have a CBO analysis of how that it will not be 20, 30, 35 million peo- passes the Senate, it will pass the many million people are going to lose ple who will lose healthcare. House, and it will be enacted into law. access to healthcare, but let me guar- The craziest thing about this is that Nobody will get to hide behind: Well, antee you it will be in the millions, these Republicans who will vote yes this is not perfect, but I want to ad- likely in the tens of millions. are going to vote yes and then find out vance the conversation, and maybe we The bill radically—radically—trims 10 days later that 25 million people are can fix this in the House or fix this in the amount of money States will get in going to lose their healthcare. Why the conference committee. order to insure the population that has they will not wait is beyond me, except This is the bill. The bill that gets been insured by the Affordable Care that they have a deadline to deliver a voted on next week is the bill. Every- Act. What this bill does is shrink the win for the President. As near as I can body owns it, and you own the fact amount of money we are spending, tell, that is the only reason that they that you don’t even know what it is then redistributes it out to States, and are in such a rush. going to do to your own constituents. it will simply not be enough—not near- Mr. MURPHY. Madam President, if I Mr. MURPHY. Madam President, I ly enough money—in order to cover the may ask the Senator a follow-up ques- thank the Senator. I know it is late, 20 million people who have insurance tion, we are in a different position and I thank him for staying on the today because of the Affordable Care today because, when we were taking floor for a few moments. Act; many of those through Medicaid, these votes a month ago, there was You do not know what it is going to others through the healthcare ex- only the faint talk of a bipartisan proc- do to your own constituents. We do not changes. ess to try to keep what works in the have a CBO score telling us how many An early analysis by an outside group Affordable Care Act and fix what is not people will lose coverage, how high that is trying to help us understand working. rates will go, what will happen to Med- what this means suggests that for my It is another assault on the process, icaid. It is also another bill that has little State of Connecticut, it will be a in my mind, and I ask for the Senator’s been written behind closed doors. Sen- $4 billion reduction in healthcare dol- thoughts on it. Literally, as we speak, ator CASSIDY and Senator GRAHAM may lars from the Federal Government to

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.045 S18SEPT1 S5822 CONGRESSIONAL RECORD — SENATE September 18, 2017 the State of Connecticut. We are a I will not be charged anything more for Now, the old bill would have taken, I State that doesn’t have a $20 billion it when I become sick, then there is no think, 15 million people off of the rolls annual budget. Four billion dollars rational economic reason for me to be of Medicaid. I think I am getting that means that we will either have to kick covered when I am healthy. number right, and we will never know hundreds of thousands of people off of So what insurance companies tell what this number is before the vote healthcare or we will have to dramati- you—what every insurance expert tells happens. It is likely around the same cally raise people’s taxes. you is, if you require insurance compa- number because this bill treats Med- So all of the reductions in insurance nies to charge the same between sick icaid in roughly the same way, in are in this bill. We will just have mil- people and healthy people, then terms of capping the amount of money lions of people losing access to health healthy people will not buy insurance. States get. insurance under this bill. If I were advising someone, I am not The formula by which States get this The specific, targeted harm to sure I would tell them to buy insurance money is so wildly complicated that no women is in this bill. Planned Parent- if they didn’t have to until they were one could understand it between now hood is one of the country’s biggest sick. So the pools get so skewed with and next week. I would challenge any providers of primary care and preven- sick people and no healthy people that Republican, other than BILL CASSIDY tive healthcare services to women. I rates dramatically rise for everyone. and LINDSEY GRAHAM, to come down get that many Republicans have a Some estimates suggest that the rate and give us an explanation as to how problem with Planned Parenthood be- increases would be 20 percent per year, this formula works. It is the most bi- cause they also provide abortion serv- compounding year after year after zarre Rube Goldberg scheme you could ices, but the majority of their work is, year. ever imagine, but in it is a dramatic re- in fact, providing basic preventive In the last version of this bill, Repub- duction in Medicaid payments to the licans knew that so they included a healthcare to women in this country. State over time. My wife, when she was a low-income version of the individual mandate in So think about this little boy Dea- twenty-something, could only afford to their bill. Now, it wasn’t the same con. Deacon is 10 years old, and he lives get her healthcare through Planned mandate, but it was a mandate none- in Ohio. I am just looking here at a pic- Parenthood. That is where she went for theless. The mandate under the Afford- ture of him clutching a Pokemon char- able Care Act says that if you don’t her preventive healthcare, for her acter. I know what Pokemon character buy insurance, you will pay a fee on wellness checkups, and there are mil- this is. It is Pikachu. I know that be- your taxes. lions of women just like her. This bill cause I have a 9-year-old who is the is particularly cruel and particularly What the Republican bill said—the version of TrumpCare that came very same age as Deacon, but, for the grace mean to all of the women in this coun- close to getting a vote on this floor—is of God, my 9-year-old is not going try who, without access to a Planned that if you go without insurance, you through what Deacon the 10-year-old is Parenthood clinic, may not be able to will pay a penalty when you try to get going through. get quality, affordable, preventive back on. The timing of the penalty was I will just read a little bit about Dea- healthcare. just different. Under the Affordable con. He loves playing baseball, playing This bill is perhaps the meanest, video games, volunteering at animal though, to individuals who are sick or Care Act, you pay it when you lose in- surance. Under the first version of shelters. He loves being a patient individuals who have been sick because TrumpCare, you would pay the penalty champion for children’s hospitals, at least in prior versions of TrumpCare when you try to get back on insurance. spending time with his friends and fam- that came before this body, there was It is a mandate. It is a penalty. It is ily, being a big brother, raising money at least a meager attempt to try to just in a different place. and awareness for heart disease and de- preserve protections for people with Republicans did that because they fects. preexisting conditions. It wasn’t work- knew that was the only way to require Now, my 9-year-old doesn’t enjoy able, but at least there was a face-sav- States or give States the option to con- raising awareness for heart disease and ing gesture by Republicans and by the tinue to require insurance companies defects. The reason Deacon enjoys Trump administration to try to at to treat sick people the same as doing that is because he has a condi- least claim there was language to pro- healthy people. tion called hypoplastic left heart syn- tect people with preexisting conditions. So why am I talking about this? Be- drome. That is combined with asthma Senator CRUZ stood on this floor a cause in Graham-Cassidy, the indi- and acid reflux. It essentially means few years ago during his long overnight vidual mandate is totally gone—gone— Deacon has half a heart. We have whole filibuster. I sat in the chair listening to replaced with nothing. Thus, even hearts. Deacon has half a heart. him explain how everyone knows, in- though it says that States, if they Right now, everything is controlled cluding him, that you cannot protect wanted to, could preserve protections for Deacon by medications. He has had people with preexisting conditions for people with preexisting conditions, six heart surgeries to get to the point without requiring, in some way, shape, States did not do that because the Fed- of stability. His heart will fail—not or form, that healthy people buy cov- eral Government does not require may fail. His heart will fail. He will go erage. Why is that? Let me walk you healthy people to have insurance. If into heart failure, requiring a heart through it for a minute because it is you think that States are going to re- transplant. That is Deacon’s future. not hard to understand, but it is really impose an individual mandate, A, there The heart cannot last on the two- important to understand because peo- will be some real question as to wheth- chamber system that Deacon’s sur- ple don’t like the individual mandate. er they can do that, and, B, they will geons put into place. They are not going to understand that. not. They will not because that issue Affordable, quality insurance means Nobody likes to be required to do some- has become, thanks to my Republican everything to Deacon. Strep throat thing, but you cannot protect people friends, so politically toxic around the could be a death sentence for him. Any with preexisting conditions if you don’t country. little virus that gets into him and goes require people to buy insurance. You will be left with massive dis- into his bloodstream, that is it—game The logic goes like this. If you say to criminatory treatment of people with over for 10-year-old Deacon. insurance companies that you cannot preexisting conditions, and nowhere for His parent writes: charge people who are sick more than them to go because Medicaid is obliter- My child is alive because he has Medicaid. people who are not sick, if you say to ated under this bill. Medicaid dollars That allowed for him to have the doctors, an insurance company that you cannot get lumped into all the rest of the the surgeons, and the care he has always charge someone with cancer more than money. It gets sent to States, and then needed. Deacon had 6 heart surgeries before someone who is healthy and you don’t Medicaid dollars are capped going for- 3 years of age. He has continued medications require that healthy people buy insur- as well as regular doctors checkups as he ward—intentionally capped—at a num- needs them. Because of his diagnosis, he even ance, then what does the rational indi- ber that is well below what the general has a specialist for simple things like dental vidual do? The rational individual, in rate of increase in the Medicaid Pro- care. If he had not had Medicaid coverage, that case, says: Why would I buy gram is. There is intentionality to the there is no way I could have afforded his health insurance while I am healthy? If underfunding of Medicaid here. care. By his first surgery at 10 days, he was

VerDate Sep 11 2014 05:27 Sep 19, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G18SE6.046 S18SEPT1 September 18, 2017 CONGRESSIONAL RECORD — SENATE S5823 over the million dollar mark. I would have in Senator ALEXANDER. Admittedly, I Republicans are about to do to her and lost our house easily, quickly. I am a single gave him a very hard time over the her child, her best friend, her 10-year- mom. Medicaid helps keep my son alive and course of the first 6 months of this year old son—voted for Donald Trump or healthy, and it has given me my best friend because I could not understand what to love and watch grow up. voted for Hillary Clinton. When it hits the point was of being on the HELP you—when that heart defect or that Medicaid helps a boy live a normal Committee if we weren’t going to de- schizophrenia or that heroin addiction life. Where we would have never bate a reordering of one-fifth of the or that lung cancer strikes you, it thought that it would be possible, Med- economy: the healthcare system. Why doesn’t discriminate as to whether you icaid lets a boy with half a heart be on be a member of the HELP Committee if are a Democrat or Republican. It hits a baseball team with his friends, a best the biggest reform to the healthcare you hard no matter who you voted for. friend. system during my tenure in the Senate This is not hyperbole. This isn’t a That is why, when we go back home— wasn’t going to be debated in the game. It is not about scoring political I know what Republicans hear because HELP Committee? I thought that was points just because you made a promise I hear it in Connecticut. They want us that you were going to repeal the Af- an abomination. to work together. They are sick and I have been very pleased that in the fordable Care Act in the first year that tired of healthcare being a political last 2 weeks Senator ALEXANDER has you had control of this body. This is football that just gets tossed from one convened a bipartisan process, which I about this little boy who lives in a party to the other. We used it to bludg- have invested in. I have shown up to all State that had the wisdom, on a bipar- eon Republicans, and Republicans used of those hearings. I have talked to him tisan basis, to expand Medicaid. it to bludgeon us, and we used it to Ohio would be one of the biggest los- over and over again on the floor of the bludgeon you, back and forth, and back ers under this bill—a massive with- Senate and in these committee meet- and forth. drawal of billions of dollars away from ings. I have offered constructive sug- We are on the verge of passing a bill, Ohio’s healthcare system, simply to gestions about how we can come up getting a bill out of the HELP Com- fulfill a political promise Republicans with a bipartisan fix to the parts of the mittee that might begin to end the use made. Affordable Care Act that aren’t work- of healthcare as a simple political We are not making this up. We are ing as well, while maintaining the bludgeon. That is what our constitu- not trying to tug your heartstrings parts that are working. As I sit here ents want. We are not going to have just for our own political purposes. today, I hope and I pray this wasn’t all time to get any public polling on this Kids are going to die if they don’t have one big ruse to distract me and the because no one is going to be able to access to healthcare. If 20 million peo- Democratic Members of the Senate understand it by next week, but I will ple lose insurance, as may be the case while Republicans quietly worked on guarantee you, it will poll at the same under this legislation, thousands of building support for the meanest rate that previous versions of people will not be able to survive. That version of TrumpCare yet. That would TrumpCare have polled—in the teens is $1 million of care. I can guarantee be a deceit, and I hope it is not going and the twenties, with base Trump vot- you that this single parent’s home is to be the case. ers being the only folks who support it. not worth $1 million. At some point This isn’t a game. People are going That is because people have gotten hip you just stop being able to provide the to be really, terribly, badly hurt if this to what is in here. They don’t actually care necessary to keep people alive. bill becomes law. I don’t even know think it is a good idea to take Republicans are treating this like it what the effects will be because we healthcare away from tens of millions is a game, talking about taking a vote don’t have the analysis. We don’t have of Americans, but they also don’t like next week when no one in this country a score. I can guess. But I have never the fact that this has been done behind has looked at this legislation. Not a been part of anything like this in my 20 closed doors. This has been done with single townhall has been held in which years of public service. I have never Republicans only. They want this de- your constituents can weigh in. No seen a group of public officials so hell- bate to occur in the open. Member of this body will have looked bent on achieving a political goal as to Whether they are Republican or at an analysis by the Congressional throw out decades of precedent on how Democrat, they want both sides to be a Budget Office to know what its impact this body has normally worked on part of it, and we are closer to that re- is. This bill will be rammed through in major pieces of legislation, shown such ality than ever before. Pulling the rug the dead of night, I guarantee you, casual disregard for good, old-fashioned out from under the bipartisan process without any input from people like nonpartisan analysis as is happening if is not the meanest or cruelest part, but Deacon and his family. this bill comes to the floor without a it is pretty high on the list. This is the meanest version of CBO score. Think about Deacon. Think about TrumpCare yet, in part because of We can do something together. We the tens of thousands of little boys and what is in it, in part because of the can continue the work of the HELP girls like Deacon who live in your butchered process, but in part because Committee to pass a truly bipartisan State. Don’t do this to the people of Deacon’s family will not get to come product that admittedly would just be America. Don’t do this to the U.S. Sen- down here and talk to you about it be- a start, that could involve real com- ate. Don’t break this place beyond rec- cause you are going to rush it through promise on both sides. Republicans ognition by ramming this through next week, if reports are to be believed. could compromise by saying: We know without any process or without any What a great trick Republicans will we need to have some stability in these CBO score next week. Let this bipar- have pulled on this country. Everyone healthcare exchanges, and, thus, we are tisan process play out. Let us build said that the repeal bill was dead, that going to make sure that President some good faith together. That is what we were going to move on to a bipar- Trump can’t take away payments from the American people want, and that is tisan process in the HELP Committee, insurers or threaten to take them away what the American healthcare system that the Senate was going to move on on a month-to-month basis. Democrats needs. to another issue of tax reform. What a can recognize that Republicans want I yield the floor. great head fake that would be if it were flexibility in these exchanges—want all a lie, if it were all a ruse just to be the ability for States to do a little bit f able to give cover for Republicans to more innovation, whether it be with quietly muster support for another benefit design or reinsurance pools. We devastating assault on America’s can both give, and we can get a product ADJOURNMENT UNTIL 10 A.M. healthcare while Democrats were look- that would build trust between both TOMORROW ing hopefully at a bipartisan process sides, that might allow us to do some- The PRESIDING OFFICER. Under playing out in the HELP Committee thing bigger later on. the previous order, the Senate stands that was never intended to result in an I have no idea whether Deacon’s fam- adjourned until 10 a.m. tomorrow. outcome. ily is Republican or Democrat. I have Thereupon, the Senate, at 10:39 p.m., I hope that is not the case. I really no idea whether his single mother— adjourned until Tuesday, September 19, do. I have put enormous faith and trust who is so deeply fearful today of what 2017, at 10 a.m.

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