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

Vol. 164 WASHINGTON, WEDNESDAY, OCTOBER 10, 2018 No. 168 House of Representatives The House was not in session today. Its next meeting will be held on Friday, October 12, 2018, at 9:30 a.m. Senate WEDNESDAY, OCTOBER 10, 2018

The Senate met at 10 a.m. and was vote to deliver the most substantial in- ring the Army Corps from prohibiting called to order by the President pro frastructure legislation yet considered fishing in the tailwaters of Barkley and tempore (Mr. HATCH). by this Congress to communities across Wolf Creek Dam. For so many commu- f America. nities in my State, fishing is both a Yesterday, I spoke about President PRAYER hobby and a way of life. This is not an Trump’s challenge to improve our Na- area where the Federal Government The Chaplain, Dr. Barry C. Black, of- tion’s infrastructure, and I laid out needs to jump in between Americans fered the following prayer: how America’s Water Infrastructure and their own backyards. We had to Let us pray. Act will represent a major step toward pare back this regulatory overreach. Eternal Lord God, You are our hiding meeting that challenge nationwide. This legislation does exactly that. place. You alone are our mighty rock This comprehensive legislation meets and fortress. Thank You for directing all sorts of pressing needs unique to Here is one more example. In States our steps. different corners of our country—from like Kentucky where waterways play Today, provide our lawmakers with dams, levees, and flood control, to safer such a pivotal economic role, it is also Your peace, infusing them with the drinking water and sewage systems. crucial that the Army Corps be wisdom that strives for faithfulness. There are national issues at stake, equipped to demolish defunct parts of Lord, let that faithfulness so energize such as the ability of American pro- our waterways infrastructure that now them that harmony will triumph over ducers and manufacturers to access stand in the way of progress. These ef- discord. May the effects of this unity markets around the world, but the forts will allow communities along be felt in our Nation and world. questions at stake are also very local. Kentucky’s Green and Barren Rivers to Teach us all to serve You with all our By way of example, I would like to make these waterways healthier, safer, hearts, souls, minds, and strength. highlight just a few of the ways this We pray in Your sacred Name. Amen. and more attractive for outdoor recre- legislation will have a direct impact on ation. f communities in my home State of Ken- I am proud this legislation authorizes PLEDGE OF ALLEGIANCE tucky. First, the bill before us includes a these important steps forward. The President pro tempore led the measure that will protect property This is the beauty of America’s wa- Pledge of Allegiance, as follows: owners from paying thousands of dol- I pledge allegiance to the Flag of the terways. It is a national issue, but it lars in fees to fix decades-old surveying touches local communities across the United States of America, and to the Repub- mistakes by the Army Corps of Engi- lic for which it stands, one nation under God, country in very direct and specific indivisible, with liberty and justice for all. neers. This is a critical issue for Ken- ways. tucky’s Rough River community, f where the Army Corps’ own errors I am proud of the ways this legisla- RECOGNITION OF THE MAJORITY threatened to stick local landowners tion will help Kentucky. I know each of LEADER with a steep bill. I was pleased to lead my colleagues knows just as many The PRESIDING OFFICER (Mr. COT- the charge in crafting a commonsense ways this bill will impact their own TON). The majority leader is recog- solution to prevent this Kentucky com- State for the better. That is under- nized. munity from paying a financial price scored by last night’s overwhelming bi- partisan vote of 96 to 3. I look forward f for government mistakes. This legislation also halts the impo- to a similar bipartisan vote later this S. 3021 sition of burdensome fees on water use morning to send this significant infra- Mr. MCCONNELL. Mr. President, in Lake Cumberland, and it extends my structure bill to the President’s desk later this morning, the Senate will Freedom to Fish Act for 5 years by bar- for signature into law.

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

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VerDate Sep 11 2014 00:14 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.000 S10OCPT1 S6736 CONGRESSIONAL RECORD — SENATE October 10, 2018 HEALTHCARE THE ECONOMY RESERVATION OF LEADER TIME

Mr. MCCONNELL. Mr. President, on Mr. MCCONNELL. Mr. President, one The PRESIDING OFFICER. Under another matter, today the Senate will final matter. While the Senate was fo- the previous order, the leadership time also vote on an effort by my Demo- cused on Justice Kavanaugh’s con- is reserved. cratic colleagues to strip away health firmation last Friday, our economy f insurance options for families whom reached a major milestone. According ObamaCare has failed. CONCLUSION OF MORNING to the latest Department of Labor re- The first 4 years of the ObamaCare BUSINESS port, unemployment in the United experience was one of failure after fail- The PRESIDING OFFICER. Morning States of America has now fallen to 3.7 ure—skyrocketing premiums and bro- business is closed. percent. That is the lowest unemploy- ken websites built on broken promises. f Many families were caught right in the ment rate since 1969. It is now 3.7 per- middle of the ObamaCare mess—those cent—the lowest unemployment rate LEGISLATIVE SESSION who earned too much to receive sub- since 1969. The share of Americans who The PRESIDING OFFICER. Under sidies but not enough to keep pace with are seeking work but cannot find it is the previous order, the time until 11:30 premiums—so it became even more im- as low as it has been in just shy of 50 a.m. will be equally divided between portant to look for alternatives. The years. the two leaders or their designees. American people are resourceful. Some There was other good news as well. Mr. MCCONNELL. I suggest the ab- held on to so-called grandfathered and Unlike what happened too often in the sence of a quorum. grandmothered plans, and others previous decade, this drop in unem- The PRESIDING OFFICER. The looked for lower cost, short-term plans ployment did not come from discour- clerk will call the roll. that could be held for up to a year. aged workers giving up their search al- The senior assistant legislative clerk We all know that Big Government together; to the contrary, 150,000 more proceeded to call the roll. doesn’t like it when citizens try to Americans joined the labor force last Mr. CORNYN. Mr. President, I ask avoid the micromanagement and run month, and the unemployment rate unanimous consent that the order for the quorum call be rescinded. their own lives as they see fit, so in the still went down. Now, that is an oppor- The PRESIDING OFFICER. Without waning months of the Obama adminis- tunity economy. That is exactly what objection, it is so ordered. tration, Democrats issued a new regu- an opportunity economy looks like. lation that cut these plans from 12 S. 3021 months down to 3 months and made Day after day, my Republican col- Mr. CORNYN. Mr. President, as you them nonrenewable. I guess the goal leagues and I have come to the floor know this week we are voting and con- was to force even more Americans into and outlined all the things we are sidering an important bipartisan piece ObamaCare. The real effect was just to doing to try to help generate precisely of legislation known as America’s punish these people twice for Demo- this kind of economic momentum for Water Infrastructure Act, the most crats’ bad policy. the American people. This unified Re- sweeping infrastructure package to be Fortunately, this year the Trump ad- publican government has rolled back considered by Congress this year. It ministration righted the ship. They regulations and cut redtape at a pace will literally reauthorize billions of undid the restriction and restored the that hasn’t been seen for years. We dollars of spending for our Nation’s status quo that was in place from the have handed American families and job ports, harbors, and waterways, and it 1990s through most of the Obama ad- creators the most significant Tax Code will end wasteful spending on water ministration. It was a simple fix. It overhaul in 30 years, lower tax rates, a projects that are no longer necessary. doesn’t take away the choices they bigger child tax credit, more help with I thank Chairman BARRASSO and have under ObamaCare but empowers small businesses, and better incentives Ranking Member CARPER for spear- Americans to use this alternative to invest and create jobs right here on heading this legislation through the choice if they prefer it. According to American soil. Our actions have been Committee on Environment and Public even the liberal Urban Institute, more clear, and our economy is sending Works. They deserve a tremendous than 1.7 million Americans will likely equally clear signals in response: the amount of credit for bringing us to be insured with this option, who other- highest consumer confidence we have where we are today. wise would have gone uninsured. But seen in nearly 18 years, the highest Drinking water, wastewater systems, apparently our Democratic colleagues small business confidence we have seen dams, levees, ports, and reservoirs mat- can’t tolerate even this modest step in 35 years, and now the lowest unem- ter to every single community in away from top-down government con- ployment rate we have seen in almost America. They are usually not front trol. They have introduced a resolution half a century. and center on our priority list, though, of disapproval to overturn the Trump so people naturally take them for I have said it before, and I will say it administration’s fix and snatch these granted. We take it as a given that again: Government itself is not cre- options away from families once more. water will be available, that it will be We will be voting on it today. ating this prosperity. Republicans treated and filtered, that wastewater I know my Democratic colleagues are know that growth starts with workers will somehow be transported wherever embarrassed by the state of and entrepreneurs, not with Wash- it needs to go, and that dams and lev- ObamaCare. It has been more than 8 ington. Government can either put the ees will hold up when they are put to years since they passed their signature wind in America’s faces or at their the test by rising floods. law that was supposed to make it all backs, and there is little question Actually, though, that is not the case better. Instead, working Americans are which way the wind has been blowing in many parts of the world, and we in saddled with increasing costs and de- these past 2 years. It certainly is not America do take that for granted be- creasing choices. But surely they must ‘‘Armageddon’’ or ‘‘crumbs,’’ as the cause usually none of these present a have a better answer than snatching House Democratic leader notoriously problem to most Americans. None of away one of the remaining options that proclaimed in recent months. It is not these problems happen in the United some Americans still prefer to any- a ‘‘disaster,’’ as my friend the Senate States if public and Federal resources thing Democrats have been able to Democratic leader has suggested. No, it are allocated in the right ways, and come up with. is rising wages, more job opportunities, that is why we can’t afford to let our This is an easy decision. I urge every and new investment, and it is reaching guard down and be lax when it comes one of my colleagues to vote against kitchen tables in communities large to maintaining these important na- this resolution. Our constituents de- and small all across our country. The tional treasures. serve more options, not fewer. The last real winners here are the American That is what makes this bill we are thing we should do is destroy one of people. Republicans are just proud that voting on so crucial. It is not just a the options that is still actually work- our policies are helping them do what drop in the bucket, so to speak. It is ing for American families. they do best. one of the main reasons the bucket—

VerDate Sep 11 2014 00:14 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.002 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6737 our Nation’s entire public water capac- will recall, in the weeks and months year, and Republican attorneys general ity—functions at all. following Hurricane Harvey, Congress across the country—many now running As Chairman BARRASSO has said, passed three separate aid bills totaling for a seat in this Chamber—filed a law- many pieces of our water infrastruc- $147 billion for Harvey and other nat- suit that would repeal protections for ture systems are aging and in need of ural disasters. Americans with preexisting conditions. serious attention. They need to be re- Then, in February, my colleagues Today on the floor, the Senate has paired, replaced, and other long-await- and I secured nearly $4 billion in the the opportunity to put a stop to the re- ed projects need to begin. Omnibus appropriations bill to advan- lentless sabotage of our healthcare sys- I know that because some of those tage the Sabine Pass to Galveston tem. My friend and one of the great projects happen to be in my State of project I just mentioned. leaders in healthcare in this Chamber, Texas. Following last year’s dev- So as we move toward passage of this Senator BALDWIN, has put forward a astating Hurricane Harvey, a cata- important piece of legislation, it is im- motion to repeal the Trump adminis- strophic rain event, the likes of which portant to remember, this is sort of the tration’s rule to expand short-term in- the Houston region had never seen be- bricks-and-mortar work Congress needs surance plans. Short-term insurance fore, the gaps in our infrastructure be- to do. It doesn’t gather a lot of atten- plans lure consumers in with low rates came acutely apparent. As we began tion. There is not a lot of controversy. but fail to provide adequate coverage. the recovery process, one thing became Unlike a Supreme Court appointment, Many don’t cover maternity care, men- clear to us: There isn’t much sense in we don’t see thousands of people gath- tal health treatment, prescription drug rebuilding without ensuring the region ering in the Mall or in the halls or in costs, and more. These plans are junk can withstand major weather events in front of the Capitol, but it is simply insurance, period—no ands, ifs, or the future. So it is not just about fix- the fundamental, basic building blocks buts—junk. ing what was damaged; it is about we need to construct in order to keep We prohibited them in the past. This making sure future infrastructure will our country safe and prosperous. administration wants to let these junk not be damaged because it has been I yield the floor. insurance plans run rampant and let brought up to standard. I suggest the absence of a quorum. people be duped into thinking they So one piece of the bill we will be The PRESIDING OFFICER. The have insurance when it covers almost voting on this week will be to allow the clerk will call the roll. nothing. There are massive risks to Army Corps of Engineers to expedite a The senior assistant legislative clerk any family who purchases them, and, study on the so-called coastal spine proceeded to call the roll. worse, they cause rates to go up for ev- that will run up and down portions of Mr. SCHUMER. Mr. President, I ask eryone else, even those who don’t elect the gulf coast. This is a new multi- unanimous consent that the order for to buy one. That is why traditionally layered system of storm surge and the quorum call be rescinded. nonpartisan organizations, like the flood mitigation improvements to ad- The PRESIDING OFFICER. Without American Cancer Society, the AARP, dress our most acute vulnerabilities. objection, it is so ordered. and the American Lung Association, The crucial first step is fully funding RECOGNITION OF THE MINORITY LEADER have come out in staunch opposition. the proper engineering study, and that The PRESIDING OFFICER. The The AARP, for instance, says that junk is what we are going to do in this bill. Democratic leader is recognized. insurance ‘‘would force millions of I want to emphasize, this is not just HEALTHCARE older Americans to choose either inad- some parochial matter. It is not just Mr. SCHUMER. Mr. President, Demo- equate coverage or comprehensive cov- something that matters to the city of crats have long believed that good erage that is unaffordable.’’ Houston and the gulf coast region. This healthcare for every American is a Now, my Republican friends say they is an important national resource. It is right, not a privilege. It is a tradition support these plans because they give important to our national security, that was etched into our party by Americans another choice, but if you and it is vital to our national economy. Presidents Roosevelt, Johnson, Clin- ask Americans: Would you like the op- A second thing this bill does for ton, and Obama. We believe it is wrong tion to purchase a faulty product, I Texas is authorize a project from an to allow insurers to discriminate don’t think many would say yes. Do we area known as the Sabine Pass to Gal- against women, older Americans, and want a choice of buying a car where veston Bay. Across more than 4,000 folks with preexisting conditions. We the engine doesn’t go? Of course not, square miles of South Texas, this bill believe it is wrong to allow insurers to that is the 1890s. We have changed for will update the levee systems and, in put a cap on your insurance or to offer the better, and people are protected. some cases, construct new ones in insurance so threadbare that it hardly So this vote is not about giving order to better protect the area from counts as insurance at all. People end Americans a choice. It is about wheth- storms and hurricanes. up paying a lot of money for insurance, er or not we would allow insurance In places that were dramatically af- and then they find it doesn’t cover any- companies to scam Americans with fected by Hurricane Harvey, like Clear thing or it has such a huge deductible cut-rate health insurance. I wouldn’t Creek and Brays Bayou, funds will be that it does no good. That is why the want to be on the wrong side of that used to widen channels, construct de- Affordable Care Act prohibited these vote. An abundance of public opinion tention basins, replace bridges, and abuses by insurance companies. shows that healthcare is the No. 1 issue renovate dams. Importantly, these Our Republican friends seem to want to voters. My Republican friends have projects include cost-share require- to say: The best way to get healthcare desperately tried to make it more ments, a reflection of the partnership is to put yourself in the hands of your unaffordable, harder to access. Mean- between the State and local officials insurance company. We don’t believe while, the one significant legislative and the Federal Government when it that. For the past 2 years, President item passed by the Republican Con- comes to flood mitigation. Trump and Republicans in Congress gress this year, the tax bill, is under As Texas communities continue to have tried to wrench our country back water in the polls. It is hard to make a rebuild from Hurricane Harvey and pre- to a time when all of these abuses and tax cut unpopular, but this one is be- pare for future storms, it is critical loopholes were commonplace, a time cause so much of it goes to the that we take these steps to ensure the when insurance companies could do wealthy. coastal region can better withstand whatever they want. They have tried Republican leaders just rammed major weather events. I am grateful to repeal our healthcare law, gut Med- through one of the least popular Su- that once we vote on this bill, we will icaid, and cause 20 million fewer Amer- preme Court Justices in history. be one step closer toward completing icans to have insurance. President In a few short weeks, the American these important projects, as well as Trump ended a program that helped people will head to the polls, where many others. low-income Americans to afford insur- they can vote for another 2 years of Re- Finally, it is important to note that ance. Congressional Republicans re- publican attempts to gut our in many ways, the provisions of this pealed the coverage requirement, caus- healthcare system or they can vote for bill represent a continuation of efforts ing an unnecessary and completely Democratic candidates who can safe- we began last fall. As my colleagues avoidable increase in premiums this guard the protections now in place and

VerDate Sep 11 2014 00:14 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.003 S10OCPT1 S6738 CONGRESSIONAL RECORD — SENATE October 10, 2018 work to make healthcare more afford- today. This sabotage has created insta- This is also personal for Chelsey from able. bility in the healthcare market, con- Seymour, WI, whose daughter was born I see my friend from Wisconsin. I tributing to widespread premium with a congenital heart defect. Right want to thank her for her outstanding spikes in 2018. now, Zoe is guaranteed access to cov- leadership on this issue. This administration ended the crit- erage without being denied or charged I yield the floor. ical cost-sharing reduction payments more because of her preexisting condi- The PRESIDING OFFICER. The Sen- that made healthcare more affordable tion. ator from Wisconsin. for almost 90,000 Wisconsinites. The Chelsey wrote me during that debate f Trump administration again slashed last year: ‘‘I’m pleading to you as a funding for outreach efforts to help mother to fight for the kids in Wis- PROVIDING FOR CONGRESSIONAL people sign up for healthcare. consin with pre-existing conditions DISAPPROVAL UNDER CHAPTER Trusted navigator programs like that are counting on you to protect 8 OF TITLE 5, UNITED STATES those in Wisconsin have had their fund- that right.’’ CODE, OF THE RULE SUBMITTED ing cut by nearly 90 percent in the past No parent or grandparent should BY THE SECRETARY OF THE 2 years. This will mean fewer people in have to lie awake at night wondering if TREASURY, SECRETARY OF rural Wisconsin will receive the sup- the healthcare they have today for LABOR, AND SECRETARY OF port they need to obtain affordable themselves and their families will be HEALTH AND HUMAN SERVICES coverage this year. there tomorrow. With the expansion of RELATING TO ‘‘SHORT-TERM, It doesn’t stop there. The Trump ad- these junk plans, that fear could be- LIMITED DURATION INSURANCE’’ ministration has even joined Wiscon- come a new reality for far too many Ms. BALDWIN. Mr. President, I move sin’s Governor and Wisconsin’s attor- families as healthy people leave the to proceed to Calendar No. 627, S.J. ney general and other States in going market, increasing premiums for ev- Res. 63. to court to support a lawsuit that eryone. The PRESIDING OFFICER. The would take away guaranteed protec- Children like Zoe may not be able to question is on agreeing to the motion. tions for people with preexisting condi- find any plan that her parents can af- The motion was agreed to. tions. If they succeed, insurance com- ford or that will cover the care she The clerk will report the joint resolu- panies will again be able to deny cov- needs. No family should be forced to tion by title. erage or charge higher premiums for choose between helping a loved one get The senior assistant legislative clerk the more than 130 million Americans better or going bankrupt. with a preexisting health condition. In read the joint resolution by title: Before the Affordable Care Act, too fact, if the Affordable Care Act’s pro- many families had to make that A joint resolution (S.J. Res. 63) providing tections for people with preexisting for congressional disapproval under chapter 8 choice. Before the healthcare law, I of title 5, United States Code, of the rule conditions are struck down in court, heard from Sue from Beloit, WI. Sue’s submitted by the Secretary of the Treasury, Wisconsin is among the States that has husband was diagnosed with lung can- Secretary of Labor, and Secretary of Health the most to lose. cer. They quickly found out their in- According to the Kaiser Family and Human Services relating to ‘‘Short- surance plan had a $13,000 limit on ra- Foundation, one out of every four Wis- Term, Limited Duration Insurance.’’ diation and chemotherapy. That cov- consinites has some sort of preexisting The PRESIDING OFFICER. The Sen- ered about one round of chemotherapy. health condition, and they simply can- ator from Wisconsin. When they needed to continue treat- not afford to have the healthcare they Ms. BALDWIN. Mr. President, just ment, Sue and her family used all of depend on threatened with higher costs over a year ago in this Chamber, three their savings, and then they maxed out brave Republican colleagues—Senator or coverage denials. The Trump administration has ex- all of their credit cards. When they John McCain, Senator SUSAN COLLINS, panded junk insurance plans. These were facing insurmountable credit card and Senator LISA MURKOWSKI—joined debt, she told me: ‘‘I had no choice but all Democrats in voting against plans are cheap for a reason; they do not have to provide essential health to file bankruptcy.’’ Sue’s husband healthcare repeal legislation. They lis- benefits like hospitalization, prescrip- later died. tened to the families of their States. tion drugs, and maternity care. We can’t go back to the days when I, too, voted against that repeal leg- According to the fine print of one of insurance companies wrote the rules, islation because the people of Wis- the plans sold in several States, includ- just as we cannot allow the Trump ad- consin did not send me to Washington ing my home State of Wisconsin—mar- ministration to rewrite the rules on to take away their healthcare. When keted by the Golden Rule Company— guaranteed healthcare protections that congressional Republicans tried to pass the plan doesn’t even have to cover millions of Americans depend on. repeal plans that would allow insur- hospital care on a Friday or Saturday. More than 20 of the leading ance companies to charge more for pre- It will be just your bad luck if you hap- healthcare organizations in America, existing conditions, families across our pen to get sick and need healthcare on representing our Nation’s physicians, country fought back. the weekend. The very first exclusion patients, medical students, and other When the Republican majority tried states that it provides no benefits for a health experts, are supporting this res- to charge older Americans an age tax preexisting health condition. The fine olution to overturn the Trump admin- and make people pay more for less print also notes if you are pregnant, istration’s expansion of junk insurance care, people let their voices be heard that will be considered a preexisting plans. They are doing so because these and sent a loud message to Wash- health condition. junk plans will reduce access to quality ington: Protect our care. They sent us These junk insurance plans can deny coverage for millions and increase all a clear message that they want us healthcare coverage to people with pre- costs. to work across party lines to protect existing conditions when they need it These junk plans will charge people the healthcare guarantees they depend the most, and that is why I am leading more for coverage based on their pre- on and to stand up for those with pre- this effort in the U.S. Senate to take existing conditions or deny them cov- existing health conditions. Yet defeat- action and stop this sabotage. erage outright. These junk plans will ing the legislative efforts that would This is personal to me. When I was 9 leave cancer patients and survivors have made things worse for families years old, I got sick. I was really sick. with higher premiums and fewer insur- didn’t end the threat to the American I was in the hospital for 3 months. I ance options. These junk plans will people. eventually recovered. When it came to force premium increases on older The Trump administration has been health insurance, it was as if I had Americans. trying to do what congressional Repub- some sort of scarlet letter. My grand- I have heard my colleagues on the licans couldn’t. They have been sabo- parents, who raised me, couldn’t find a other side of the aisle say that they are taging our healthcare system and re- policy at any price that would cover committed to protecting people with writing the rules on guaranteed health me—not from any insurer—all because preexisting conditions. Now is your protections and access to affordable I was a childhood branded with those chance to prove it. Anyone who says care that millions of Americans have words: ‘‘preexisting condition.’’ they support coverage for people with

VerDate Sep 11 2014 02:02 Oct 31, 2018 Jkt 089060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\RECORD18\OCTOBER\S10OC8.REC S10OC8 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6739 preexisting conditions should support less because it has less coverage, the sidy, hardworking people who can’t af- this resolution to overturn the Trump chance to buy insurance. ford health insurance. administration’s expansion of these States can regulate these plans. What happened? Even though the junk insurance plans. States may decide what protections Democratic leader said it contained This is an opportunity for Democrats they should have. States may decide provisions that every single Democrat and Republicans to come together to what the price should be, but, typi- could support, the Democrats pulled protect people’s access to quality, af- cally, in 2016, the difference between the rug out from under it at the last fordable healthcare when they need it the cost of an ObamaCare plan was $393 minute by insisting on a radical the most. Let us join in seizing the op- a month for an unsubsidized version of abortion funding that they portunity to do what is right by the ObamaCare plan and for a short-term had not required since 1976, except in American people. plan it was $124. In other words, the the ObamaCare law. I yield. short-term plan, which the Democrats In other words, they deliberately The PRESIDING OFFICER. The Sen- and the Senator from Wisconsin seek kept health insurance prices 40 percent ator from Tennessee. to overturn, which was in existence all higher than they otherwise would have Mr. ALEXANDER. Mr. President, the during the Obama administration and been. Was it to have an issue in the resolution by the distinguished Sen- was authorized in the 1990s, would cut Presidential election or in the election ator from Wisconsin is a resolution to the plumber’s insurance cost by 70 per- this year? I have no idea, but I could say to the plumber who is making cent. think of no reason why not to do that. $60,000 a year in Wisconsin or Ten- Now, why should we put up with Then, there is another example. Sec- nessee: We want to keep your insur- that? Why should we put up with that? retary of Labor Acosta has come up ance prices high. We don’t want to re- The Urban Institute, not known as a with another very good idea that has duce them by 70 percent, and we want conservative organization, has said been talked about a lot within this to keep 1.7 million people, according to that up to 1.7 million Americans will body before: Why not give employees of the Urban Institute, uninsured. take advantage of President Trump’s smaller companies the right to buy the Let me say that again. If this resolu- short-term plan, which was the same as same kind of insurance that employees tion passes—if you vote yes—you are the Obama short-term plan, except of IBM or big companies buy? saying to the plumber who makes that under the Trump rule, you may do About half of all of us who have in- $60,000 a year, who can’t afford to buy it for as much as 3 years instead of just surance get it on the job. We are pretty ObamaCare because his insurance pre- 1 year. It says that 1.7 million Ameri- happy with it. It has a lot of protec- mium is $20,000: We are going to do ev- cans will take advantage of that. That tions in it—not as many as ObamaCare erything we can to keep your insurance is a lot of people. but, apparently, Democrats thought costs so high that you can’t afford it, Eighty-three percent of Americans those protections were sufficiently and we are going to do everything we who buy ObamaCare have a subsidy to strong, including preexisting condition, can to keep 1.7 million Americans, ac- help them pay for it. It is the 17 per- and sufficiently strong not to tamper cording to the Urban Institute, from cent who don’t have a subsidy who are with it. So the idea was this: Let’s let having the option this short-term rule most likely to be helped by this. Many the people who work in the company allows. simply can’t afford a $20,000 health in- with 10 or 15 or 20 employees in Alaska, Let’s see what we are talking about. surance plan if they don’t qualify for a Tennessee, or Wisconsin have the same We just heard eloquent comments subsidy, and this says: We understand opportunity to buy insurance as the about preexisting conditions. This res- that. You can buy a different sort of employee of a big company has. olution has nothing to do with pre- plan if your State permits it. You can Democrats said absolutely not. existing conditions. It doesn’t change pay less with less coverage and at least So we don’t want to lower rates by 40 one single word in the Affordable Care you will have some insurance. At least percent by a temporary proposal sup- Act, which guarantees that if you have you will have some insurance. ported by President Trump, Speaker a preexisting condition, you have a But our Democratic friends say: Oh, RYAN, Senator MCCONNELL, and let the right to buy ObamaCare, and you can’t no, we don’t want to do anything that Democratic leaders say all Democrats be charged more because of it. would lower the cost of health insur- could vote for that policy. We don’t Let me say that again. This rule, ance. want to let employees of smaller com- which the Senator from Wisconsin Sometimes I think our Democratic panies have the same options that em- seeks to overturn, not only keeps you friends have elevated to the level of the ployees of big companies have that from lowering your cost 70 percent, but status of the 67th book of the Bible the would lower their insurance and give it has nothing to do with preexisting Affordable Care Act, or ObamaCare. them more choices. And now we are conditions because it doesn’t change They will not even change parts of it being asked to say you can’t have a 70- one single word of the Affordable Care that they agree with. percent reduction in your health insur- Act guarantee that if you have a pre- Earlier this year, Senator MURRAY ance—the same kind of proposal you existing condition you can buy insur- and I, and then Senator NELSON and had all during the Obama years. Let ance and you can’t be charged more. A Senator COLLINS, all worked together me say that again. President Obama rule can’t change a law. It couldn’t if it with many Senators in a great bipar- thought it was just fine to have short- tried. That is one thing. tisan way to come up with a piece of term healthcare plans for up to 1 year The second thing is that the rule that legislation that would temporarily help during the entire Obama administra- the Senator from Wisconsin seeks to with the high prices of health insur- tion. They changed the rules 22 days overturn is the same rule that was in ance. Make no mistake about it. In before the end of his term and reduced effect during all of President Obama’s Tennessee, health insurance has gone it to 3 months that you could buy these term. President Obama’s administra- up about 170 percent since ObamaCare plans, but that wasn’t enforced until tion allowed 1 year of short-term plans was passed. That means the plumber or April. for people who couldn’t afford insur- the farmer or the person making 50, 60, So let’s keep it simple. If you needed ance, couldn’t find it anywhere else, or or $70,000 a year can’t afford to pay the insurance, if you lost your job, if you who might be between jobs. Even after $20,000 premium they might be required couldn’t afford insurance during the the Affordable Care Act passed in 2010, to pay. Obama years, if ObamaCare got too ex- President Obama and the Democratic So we had this temporary Alexander- pensive for you during the Obama Congress thought it was a good enough Murray-Collins-Nelson proposal. I can years, you could buy short-term insur- idea to allow these short-term plans to still see Senator COLLINS standing on ance for up to 1 year if your State al- continue that they kept them in the the floor offering it saying, as she said: lowed it. law. The law supporting these plans Oliver Wyman—the respected Oliver What the Democrats are saying is has nothing to do with the Affordable Wyman agency—says this will lower this: No, we are not even going to do Care Act. It was passed in the 1990s for insurance premiums by 40 percent over what President Obama would do. So we the purpose of giving people who need a 3 years for people in the individual are going to keep your insurance high short-term option, which might cost market—people who don’t get a sub- today with a yes vote. We are going to

VerDate Sep 11 2014 00:14 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.006 S10OCPT1 S6740 CONGRESSIONAL RECORD — SENATE October 10, 2018 say to 1.7 million people who are unin- There being no objection, the mate- Arthritis Foundation, Association of On- sured: No, you can’t buy this insurance rial was ordered to be printed in the cology Social Work, Autism Society, Autism because we know more than you do. RECORD, as follows: Speaks, Autistic Self Advocacy Network, Some people who might know more APRIL 17, 2018. Bazelon Center for Mental Health Law, Be- than we do is the National Association DEAR SPEAKER RYAN, LEADER MCCONNELL, nign Essential Blepharospasm Research of Insurance Commissioners. Senate LEADER MCCARTHY, LEADER SCHUMER AND Foundation, Brain Injury Association of Democrats wrote to them asking them LEADER PELOSI: Our 113 organizations rep- America, CancerCare, Caregiver Action Net- resent millions of people with serious, acute, about these short-term plans and rais- work, Celiac Disease Foundation, Children’s and chronic diseases and disabilities, as well PKU Network, Consortium of MS Centers, ing questions about them. as their caregivers. These individuals, and Crohn’s & Colitis Foundation, Cutaneous Here is what the National Associa- all Americans, need access to comprehen- tion of Insurance Commissioners, a bi- sive, affordable health coverage in order to Lymphoma Foundation, Cystic Fibrosis Foundation, Disability Rights Legal Center, partisan organization, wrote back: meet their medical needs. We write to express our concerns about the Dystonia Advocacy Network, Dystonia Med- Short-term, limited duration insurance impact the proposed rule regarding short- ical Research Foundation, Easterseals. meets the needs of consumers for whom term limited duration plans (STLDs) (CMS– Epilepsy Foundation, Family Voices, other types of coverage may not be appro- 9924–P) will have both on the health insur- Fibrolamellar Cancer Foundation, Fight priate, affordable, or available. ance marketplaces and the individuals we State Insurance Commissioners say represent. While short term plans can offer Colorectal Cancer, FORCE: Facing Our Risk of Cancer Empowered, GBS/CIDP Foundation short-term limited duration insurance, less expensive coverage, they are not re- International, Global Colon Cancer Alliance, the type that a ‘‘yes’’ vote today would quired to adhere to important standards, in- cluding the ten essential health benefit cat- Hemophilia Federation of America, Hyper ban—those are my words—meets the egories, guaranteed issue, out-of-pocket IgM Foundation, Immune Deficiency Foun- needs of consumers for whom other maximums, age-rating protections, and dation, Indian Organization for Rare Dis- types of coverage may not be appro- many other critical consumer protections eases, International Myeloma Foundation, These policies are also allowed to charge priate, affordable, or available. International Pemphigus and Pemphigoid I hope that across this country, as much higher premiums, deny coverage alto- gether for consumers who cannot meet med- Foundation, International Waldenstrom’s, Americans look at this today, you Macroglobulinemia Foundation, Interstitial would ask the Senator from Wisconsin ical underwriting standards, and impose life- time and annual limits on services. If the Cystitis Association, Jack McGovern Coats’ and her Democratic colleagues: Why do proposed rule put forward by the Adminis- Disease Foundation, Justice in Aging, LAL you want to kill a rule that President tration is finalized in its current form, it Solace, Leukemia & Lymphoma Society. Obama favored, that existed all during will limit access to quality and affordable Lung Transplant Foundation, Lupus Foun- ObamaCare while he was there, that health insurance coverage for all Americans, and disproportionately harm individuals dation of America, Lutheran Services in gave people who might lose their jobs America, Lymphangiomatosis & Gorham’s or couldn’t afford ObamaCare a chance with pre-existing conditions and people with disabilities. Disease Alliance, Lymphatic Education & to buy insurance that might be 70-per- Expanding access to these policies will Research Network, M-CM Network, Malecare cent cheaper? Why would you want to likely cause premiums in the individual in- Cancer Support, March of Dimes, Mended keep 1.7 million Americans who don’t surance marketplace to increase dramati- Little Hearts, Mental Health America, have insurance, according to the Urban cally, as younger and healthier individuals METAvivor, Muscular Dystrophy Associa- Institute, from being able to afford this choose to enroll in cheap short-term plans. tion, National Alliance on Mental Illness, Allowing STLDs to proliferate would force short-term rule? What do you have National Alopecia Areata Foundation, Na- against lower cost insurance that individuals, including those with serious or chronic diseases and disabilities, into a tional Association for Hearing and Speech doesn’t change one word of the Afford- smaller, sicker market to obtain the cov- Action, National Association of Councils on able Care Act’s protection guarantee of erage they need to manage their health. Pre- Developmental Disabilities, National Asso- preexisting conditions? miums for comprehensive plans that meet ciation of State Head Injury Administrators, In other words, with this rule, if you federal standards would likely skyrocket, National Comprehensive Cancer Network, still want to buy ObamaCare and need and plans would likely exit the market. This National Consumers League. will make insurance either unavailable or preexisting insurance protection, you National Eosinophilia Myalgia Syndrome have it. This could not possibly change unaffordable for those who rely on the mar- ketplace to get coverage Network, National Health Council, National that because it is a rule, not a law. Our organizations are dedicated to identi- Hemophilia Foundation, National LGBT I hope today that we vote no and that fying and promoting improvements to our Cancer Project, National Multiple Sclerosis we affirm the Trump rule, which is the health insurance markets that control costs, Society, National Organization for Rare Dis- Obama rule, which is the rule that sup- stabilize the market, and positively impact orders (NORD), National Patient Advocate ports the Wisconsin, Oklahoma, and coverage and care for millions of Americans. Foundation, National PKU Alliance, Inc., Expanding access to STLDs will move us Alaska plumber who makes $60,000 a National Spasmodic Dysphonia Association, away from—not towards—achieving these year, can’t afford $20,000-a-year goals. As advocates for our communities, we NBIA Disorders Association, NephCure Kid- ObamaCare, gets no government sub- implore you to protect patients and con- ney International, Oncology Nursing Soci- sidy, and needs this in order to insure sumers, including individuals with pre-exist- ety, Paralyzed Veterans of America, Parent his family. ing conditions and persons with disabilities, Project Muscular Dystrophy (PPMD), PKD I yield the floor. by asking the Administration to withdraw Foundation, Platelet Disorder Support Asso- Ms. BALDWIN. Mr. President, I ask this proposed rule until it adequately pro- ciation, Prevent Cancer Foundation, PRP tects patients and consumers, as well as any (Pityriasis Rubra Pilaris) Alliance, Pul- unanimous consent that the following rules that do not increase stability, improve monary Hypertension Association, Rare and documents concerning the rule sub- affordability, and secure access to quality mitted by the Secretary of the Treas- coverage in our insurance markets. Undiagnosed Network (RUN). ury, Secretary of Labor, and Secretary Sincerely, Restless Legs Syndrome Foundation, of Health and Human Services relating AARP, Adrenal Insufficiency United, Adult Scleroderma Foundation, Susan G. Komen, to short-term, limited duration insur- Congenital Heart Association, Adult Tarlov Cyst Disease Foundation, TASH, The Polyglucasan Body Disease Research Foun- ance be entered into the RECORD: a let- American Liver Foundation, The APS Type 1 dation, Advocacy & Awareness for Immune Foundation, Inc., The Desmoid Tumor Re- ter to Congress from 113 health organi- Disorders Association (AAIDA), Alliance for zations expressing concerns with the Aging Research, Alpha–1 Foundation, Amer- search Foundation, The Global Foundation rule, a letter from the National Asso- ican Association of People with Disabilities, for Peroxisomal Disorders, The Guthy-Jack- ciation of Insurance Commissioners re- American Association on Health & Dis- son Charitable Foundation, The Lymphatic questing a delay in implementation of ability, American Cancer Society Cancer Ac- Malformation Institute, The Marfan Founda- the rule, a short-term medical plan tion Network, American Diabetes Associa- tion, United Ostomy Associations of Amer- brochure from the Golden Rule Insur- tion, American Heart Association, American ica, US Hereditary Angioedema Association, ance Company outlining the policy’s Kidney Fund, American Liver Foundation, Vasculitis Foundation, Worldwide American Lung Association, American Mul- Syringomyelia & Chiari Task Force. coverage exclusions, and a news article tiple Endocrine Neoplasia Support, Amer- from 2014 illustrating the lack of con- ican Physical Therapy Association, Amer- sumer protections in short-term lim- ican Therapeutic Recreation Association, ited duration plans. Amyloidosis Support Groups.

VerDate Sep 11 2014 00:14 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.008 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6741

NATIONAL ASSOCIATION OF INSUR- the proposed rule retains these important services). Your certificate might also have ANCE COMMISSIONERS & THE CEN- disclosure requirements and adds valuable lifetime and/or annual dollar limits on TER FOR INSURANCE POLICY AND additional disclosures. health benefits. If this coverage expires or RESEARCH, As drafted, this rulemaking does not ad- you lose eligibility for this coverage, you Washington, DC, April 23, 2018. dress the impact of Section 1557 of the ACA might have to wait until an open enrollment Re Short-Term, Limited-Duration Insurance on the issuance of short-term, limited dura- period to get other health insurance cov- CMS–9924–P. tion plans. Specifically, it is unclear whether erage. Also, this coverage is not ‘‘minimum CENTERS FOR MEDICARE & MEDICAID SERV- or not these plans will be considered to be a essential coverage.’’ If you don’t have min- ICES, DEPARTMENT OF HEALTH AND HUMAN ‘‘health program or activity’’ under 45 C.F.R. imum essential coverage for any month in SERVICES, § 92.4 This distinction is critical. 2018, you may have to make a payment when Attention: CMS–9924–P, If these plans are not exempt from the defi- you file your tax return unless you qualify Baltimore, MD. nition of ‘‘health plan or activity,’’ the im- for an exemption from the requirement that plication would be that carriers could not TO WHOM IT MAY CONCERN: Thank you for you have health coverage for that month. offer these plans and also participate on the the opportunity to comment on the proposed WHAT’S NOT COVERED (ALL PLANS) regulations on Short-Term, Limited Dura- Marketplace, Medicare, or Medicaid. In many states throughout the country, car- This is only a general outline of the cov- tion Insurance published in the Federal Reg- erage provisions and exclusions. It is not an ister on February 21, 2018. These comments riers are deciding whether or not to partici- pate in the ACA-compliant marketplace, and insurance contract, nor part of the insurance are submitted on behalf of the members of policy/certificate. You will find complete the National Association of Insurance Com- if clarifying language is not included car- riers will be forced to choose either to offer coverage details in the policy/certificate missioners (NAIC), which represents the Also see state variations on pages 10–13. chief insurance regulators in the 50 states, short-term, limited duration plans or par- the District of Columbia, and the 5 United ticipate in the Exchange. We would ask for GENERAL EXCLUSIONS States territories. clarification on this issue, and specifically Benefits will not be paid for services or As state insurance regulators we have the advise that CMS include language in the pro- supplies that are not administered or ordered primary responsibility of regulating our in- posed definition of ‘‘short-term, limited du- by a doctor and medically necessary to the surance markets and ensuring consumers are ration insurance’’ providing that such insur- diagnosis or treatment of an illness or in- protected and the markets are competitive. ance is ‘‘not a health program or activity as jury, as defined in the policy. defined in 45 C.F.R. § 92.4.’’ As we stated in our comments on the current No benefits are payable for expenses: short-term, limited duration regulation, As to the issue of renewability, the mem- For non-emergency services or supplies re- ‘‘Federal interference can, and often does, bers of the NAIC concur that any decision ceived from a provider who is not a network have unintended consequences and may not over whether and when these plans should be provider, except as specifically provided for be effective in addressing the underlying renewable should be left up to the States, by the policy. issues.’’ We argued that the arbitrary 3- not dictated by the Federal government. Finally, states are concerned about the For a preexisting condition—A condition: month limitation set by the Federal govern- timing of this rule, and some states may (1) for which medical advice, diagnosis, ment could harm some consumers and limit want to modify existing laws and regulations care, or treatment was recommended or re- choices. Returning the Federal definition to to protect consumers and state markets. ceived within the 24 months immediately ‘‘less than 12 months,’’ as proposed, is con- Therefore, we recommend that the final reg- preceding the date the covered person be- sistent not only with longstanding federal ulation allow states, if they so choose, to came insured under the policy/certificate; or law but also with how this term has been begin enforcing the new rules in 2020, thus (2) that had manifested itself in such a man- long defined by most states. giving them time to review their rules and ner that would have caused an ordinarily In the analysis of Economic Impact and seek statutory or regulatory changes to fa- prudent person to seek medical advice, diag- Paperwork Burden related to federalism, the cilitate a smooth transition. nosis, care, or treatment within the 12 proposed rule states: Thank you for this opportunity to com- months immediately preceding the date the Federal officials have discussed the issue ment. We are available to discuss these or covered person became insured under the of the term length of short-term, limited du- other issues as the Short-Term, Limited Du- policy/certificate. ration insurance with State regulatory offi- ration Proposed Rule is finalized. cials. This proposed rule has no federalism A pregnancy existing on the effective date Sincerely, implications to the extent that current of coverage will also be considered a pre- JULIE MIX MCPEAK, State law requirements for short-term, lim- existing condition. NAIC President, Com- ited duration insurance are the same as or Note: Even if you have had prior Golden missioner, Tennessee more restrictive than the Federal standard Rule coverage and your preexisting condi- Department of Com- proposed in this proposed rule. States may tions were covered under that plan, they will merce & Insurance. continue to apply such State law require- not be covered under this plan. RAYMOND G. FARMER, ments. That would not have been charged if you NAIC Vice President, Consistent with this statement, any fur- did not have insurance. Director, South ther requirements, including but not limited Incurred while your coverage is not in Carolina Depart- to restrictions related to the sale, design, force. ment of Insurance. rating or duration of these plans, must be Imposed on you by a provider (including a ERIC A. CIOPPA, left to the States, which have the primary hospital) that are actually the responsibility NAIC President-Elect, authority under our federal system to regu- of the provider to pay. Superintendent, late the business of insurance, so that they For services performed by an immediate Maine Bureau of In- can address the unique conditions and needs family member. surance. of their respective insurance markets. It is That are not identified and included as GORDON I. ITO, critical that state regulators maintain the covered expenses under the policy/certificate NAIC Secretary-Treas- flexibility to determine whether, and under or are in excess of the eligible expenses. urer, Commissioner, what conditions, these plans are appropriate For services that are not covered expenses. Insurance Division, for their state. We urge continued state For services or supplies that are provided Hawaii Department flexibility on this issue. prior to the effective date or after the termi- of Commerce and We also agree that educating consumers nation date of the coverage. Consumer Affairs. and ensuring that they are aware of the limi- For weight modification or surgical treat- tations of these plans is paramount. Some of ment of obesity, including wiring of the UNITEDHEALTHCARE, GOLDEN RULE these plans may provide significantly less teeth and all forms of intestinal bypass sur- INSURANCE COMPANY coverage and consumer protections than gery. comprehensive plans. We supported the dis- SHORT TERM MEDICAL PLANS For breast reduction or augmentation. closure requirements in the current regula- STATES: AZ, FL, IA, IL, IN, MI, MS, NE, PA, TN, For drugs, treatment, or procedures that tions and support the expansions in this pro- TX, WI, WV promote conception. posed rule. This coverage is not required to comply For sterilization or reversals of steriliza- States have received several consumer with certain federal market requirements for tion. complaints about confusion and misinforma- health insurance, principally those con- For fetal reduction surgery or abortion tion regarding their short-term or excepted tained in the Affordable Care Act. Be sure to (unless life of mother would be endangered). benefit plans. Because of the real risk that check your certificate carefully to make For treatment of malocclusions, disorders consumers may confuse short-term policies sure you are aware of any exclusions or limi- of the temporomandibular Joint (TMJ) or with comprehensive health insurance that tations regarding coverage of preexisting craniomandibular disorders. complies with the Affordable Care Act conditions or health benefits (such as hos- For modification of the physical body in (ACA), it is important that they be made pitalization, emergency services, maternity order to improve psychological, mental, or aware of any limitations to these policies care, preventive care, prescription drugs, and emotional well-being, such as sex-change during the sales process. We are pleased that mental health and substance use disorder surgery.

VerDate Sep 11 2014 02:11 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.028 S10OCPT1 S6742 CONGRESSIONAL RECORD — SENATE October 10, 2018 Not specifically provided for in the policy, workers’ compensation law or insurance sential coverage requirements’’ and cus- including telephone consultations, failure to plan, this exclusion will still apply. tomers may face tax penalties. But insur- keep an appointment, television expenses, or Resulting from intoxication, as defined by ance agency Liberty Medicare in telephone expenses. state law where the illness or injury oc- Wynnewood, Pa., called short-term plans ‘‘a For marriage, family, or child counseling. curred, or while under the influence of ille- viable alternative to Obamacare plans’’ in a For standby availability of a medical prac- gal narcotics or controlled substances, un- recent blog post, although the company also titioner when no treatment is rendered. less administered or prescribed by a doctor. noted that ‘‘their benefits are not as broad For hospital room and board and nursing For joint replacement, unless related to an as Obamacare benefits.’’ Even if the policies services if admitted on a Friday or Saturday, injury covered by the policy/certificate. exclude preexisting conditions, says presi- unless for an emergency, or for medically For non-emergency treatment of tonsils, dent Gregory Lazarev, for ‘‘healthy people necessary surgery that is scheduled for the adenoids, hemorrhoids or hernia. who are not entitled to subsidies, it makes next day. For injuries sustained during or due to par- perfect sense to go and buy a short-term For dental expenses, including braces and ticipating, instructing, demonstrating, guid- plan.’’ oral surgery, except as provided for in the ing, or accompanying others in any of the 20 Percent of short-term policy holders policy/certificate. following: sports (professional, or semi-pro- wrongly believe their plan meets Obamacare For cosmetic treatment. fessional, or intercollegiate except for intra- standards. For reconstructive surgery unless inci- mural), parachute jumping, hang-gliding, ‘‘There definitely are some companies out dental to or following surgery or for a cov- racing or speed testing any motorized vehi- there that are aggressively marketing these ered injury, or to correct a birth defect in a cle or conveyance, scuba/skin diving (when and [similar] policies,’’ Pollitz says. One child who has been a covered person since diving 60 or more feet in depth), skydiving, making expansive claims is Health Insurance childbirth until the surgery. bungee jumping, or rodeo sports. Innovations, which connects consumers with For diagnosis or treatment of learning dis- For injuries sustained during or due to par- short-term policies from third-party insur- abilities, attitudinal disorders, or discipli- ticipating, instructing, demonstrating, guid- ers. The Tampa company, which raised $65 nary problems. ing, or accompanying others in any of the million in an initial offering about a year For diagnosis or treatment of nicotine ad- following if the covered person is paid to par- ago, is expecting a boost from the ACA, even diction. ticipate or to instruct: operating or riding on though its plans don’t meet the law’s re- For charges related to, or in preparation a motorcycle, racing or speed testing any quirements for adequate coverage. ‘‘We want for, tissue or organ transplants, except as ex- non-motorized vehicle or conveyance, horse- to be ready to take full advantage of this un- pressly provided for under Transplant Serv- back riding, rock or mountain climbing, or precedented degree of market expansion,’’ ices. skiing. Chief Executive Officer Michael Kosloske For high-dose chemotherapy prior to, in For injuries sustained while performing said in a November earnings call. In an inter- conjunction with, or supported by ABMT/ the duties of an aircraft crew member, in- view, Kosloske says: ‘‘Our benefits are the BMT, except as specifically provided under cluding giving or receiving training on an same or better than what you’re going to the Transplant Expense Benefits provision. aircraft. find, for example, on the exchanges.’’ A sample policy sold by Kosloske’s com- For eye refractive surgery, when the pri- For vocational or recreational therapy, vo- pany suggests otherwise. Unlike ACA plans, mary purpose is to correct nearsightedness, cational rehabilitation, or occupational it doesn’t cover immunizations and routine farsightedness, or astigmatism. therapy, except as provided for in the policy/ physicals, outpatient prescription drugs, pre- While confined for rehabilitation, custodial certificate. existing conditions, pregnancy or childbirth, care, educational care, nursing services, or Resulting from experimental or investiga- sports injuries, substance abuse treatment, while at a residential treatment facility, ex- tional treatments, or unproven services. cept as provided for in the policy/certificate. allergies, or kidney disease. It also comes with a $2 million lifetime limit on benefits, For eyeglasses, contact lenses, hearing [From Bloomberg Businessweek, 2014–01–10] aids, eye refraction, visual therapy, or any a provision banned under Obamacare rules. THE TROUBLE WITH SHORT-TERM HEALTH Buying the stripped-down, short-term pol- exam or fitting related to these devices, ex- PLANS IN THE AGE OF OBAMACARE icy could save a 30-year-old Florida man cept as provided for in the policy/certificate. $1,123 in premiums over a year, compared Due to pregnancy (except complications), (By John Tozzi) with a typical bronze-level HMO plan from except as provided in the policy/certificate. If you’re shopping for health insurance, Humana. If he earns $46,000 a year, he’d have For diagnostic testing while confined pri- you may get a pitch for something called a to pay about 41 percent of the savings in tax marily for well-baby care, except as provided short-term medical plan. These policies have penalties for not having coverage authorized in the policy/certificate. been around forever and are aimed at recent by the ACA. The penalty rate will double in For treatment of mental disorders or sub- college grads, people between jobs, and new 2015. If the hypothetical consumer earns stance abuse including court-ordered treat- employees waiting for group benefits to kick $23,000 or less, federal subsidies would make ment for programs, except as provided in the in. They’re marketed by major insurers in- up the difference between the price of the policy/certificate. cluding UnitedHealthcare Services, Humana, some Blue Cross and Blue Shield carriers, bronze plan and the short-term policy. For preventive care or prophylactic care, Kosloske points out that the bronze plan and many smaller companies. including routine physical examinations, has exclusions, too, and a limited network— Short-term plans have become more visible premarital examinations, and educational it doesn’t pay anything if you see a doctor as some insurers and brokers take advantage programs, except as provided in the policy/ outside the plan. In the plan his company of the hoopla surrounding the Affordable certificate. sells, ‘‘covered benefits are paid the same Care Act to market them as alternatives to Incurred outside of the U.S., except for way whether in or outside the broad and the policies available on the state and fed- emergency treatment. highly accessible provider network,’’ he says. eral exchanges. Although the plans look a Resulting from declared or undeclared war, Pollitz advises consumers to stay away from little like those approved under Obamacare, intentionally self-inflicted bodily harm short-term plans. ‘‘It may cover your claims (whether sane or insane); or participation in they provide less coverage and don’t have to until your term of coverage runs out,’’ she a riot or felony (whether or not charged). adhere to the same rules. The companies are says. But for anyone who gets sick and hopes For or related to durable medical equip- allowed to turn away patients who are sick to renew, ‘‘it’s junk.’’ ment or for its fitting, implantation, adjust- and refuse to cover preexisting conditions. The bottom line: Consumers buying cheap- ment or removal or for complications there- They don’t have to pay for preventative care er, short-term health plans get limited bene- from, except as provided for in the policy/ and aren’t required to renew a policy if a pa- fits and still have to pay Obamacare pen- certificate. tient needs a lot of medical care. ‘‘If you get alties. For outpatient prescription drugs, except sick, it’s not going to take care of you,’’ says The PRESIDING OFFICER (Mr. SUL- as provided for in the policy/certificate. Karen Pollitz, a senior fellow at the Kaiser For surrogate parenting. Family Foundation, a health researcher. LIVAN). The time of the majority has For treatments of hyperhidrosis (excessive The short-term plans also don’t satisfy the expired. sweating). Obamacare requirement that people have Mr. INHOFE. Mr. President, I ask For alternative treatments, except as spe- adequate coverage, so people who buy them unanimous consent that I be acknowl- cifically covered by the policy/certificate, in- face the same tax penalties as the uninsured. edged to speak for 10 minutes. cluding: acupressure, acupuncture, aroma- Twenty percent of short-term policyholders The PRESIDING OFFICER. Is there therapy, hypnotism, massage therapy, believed, wrongly, that their coverage would objection? rolfing, and other alternative treatments de- be adequate under the ACA, according to a Without objection, it is so ordered. fined by the Office of Alternative Medicine of survey published in September by EHealth, S. 3021 the National Institutes of Health. an online brokerage that sells conventional Mr. INHOFE. Mr. President, I don’t Resulting from or during employment for and short-term policies. An additional 64 per- wage or profit, if covered or required to be cent said they weren’t sure. think that is necessary because I think covered by workers’ compensation insurance There’s plenty of cause for the confusion. I was scheduled to do that anyway. under state or federal law. If you entered Assurant, one of the larger sellers of the What we are going to be addressing into a settlement that waives your right to temporary medical plans, says on its website here in just a few minutes is a very sig- recover future medical benefits under a that ‘‘these plans do not meet minimum es- nificant piece of legislation. We do a

VerDate Sep 11 2014 02:11 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.030 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6743 lot of things around here that some low places. All of my adversaries were Senate all the time, saying nothing is people think are important, but this is saying: We will sink INHOFE and his being done. Our Environment and Pub- something that really is important. It submarine. But we did it, and it is lic Works Committee gets things is something that has a long history there today. done—the FAST Act, the chemical act, behind it. So we do have the McClellan-Kerr Ar- the last WRDA bill, and now the 2018 America’s water infrastructure bill, kansas River Navigation System. We WRDA bill. It is what we are supposed known as the WRDA bill, was started have some items in there under this to to be doing here, and it is a very sig- about 20 years ago, and we made a com- protect that resource from what they nificant vote. mitment at that time that we would call the Three Rivers report, which I yield the floor. actually have a WRDA bill every 2 provides a permanent solution for the I suggest the absence of a quorum. years. We didn’t do that up until 2014. situation we are experiencing near the The PRESIDING OFFICER. The In 2014, we had gone since 2007 since we mouth of the system, where the White clerk will call the roll. had had one, and this needs to be done River and the Arkansas River are try- The legislative clerk proceeded to to keep our water infrastructure going ing to merge. If left alone, they would call the roll. and the things that we are supposed to merge. That would destroy everything Mrs. MURRAY. Mr. President, I ask be doing. So we did it in 2014 and 2016, that goes up from that area in Arkan- unanimous consent that the order for and now we will do the 2018 bill. That sas. It includes language for the quorum call be rescinded. is what we are supposed to be doing. Bartlesville to navigate the murky The PRESIDING OFFICER. Without It is a great way to keep up the pro- waters of water supply contracts and objection, it is so ordered. ductive momentum that we have seen to change those contracts with every- S.J. RES. 63 in Congress leading up to the midterm one to get away from the idea that the Mrs. MURRAY. Mr. President, I come election and delivering on President Army Corps of Engineers is going to be to the floor to support Senator BALD- Trump’s promises. able to do something that would be WIN’s resolution to overturn President The WRDA bill is another great ex- prohibitive cost-wise to the commu- Trump’s junk plans rule. ample of what can happen when we nities like Bartlesville, OK. Since day one, President Trump has work with our friends across the aisle We support our Nation’s economic been relentless in his efforts to sabo- on issues that affect every State of our competitiveness by increasing access tage healthcare for people in our Na- Nation. to water storage and supply, providing tion. He has worked to drive up the I was privileged to chair the Environ- protection from dangerous flood costs, given power back to big insur- ment and Public Works Committee waters, deepening the nationally sig- ance companies, and despite his recent during that timeframe, when we went nificant ports, and maintaining naviga- campaign promise to fight for people back to every other year, and it is bility in the inland waterways. with preexisting conditions, almost something that has worked very well. Since hurricane season is upon us, we every single step he has taken has been People can depend on the resources have recently seen the cruel aftermath in the opposite direction. being there when the time comes. So I of these storms and the flooding that President Trump’s awful junk plan think right now it is a bill that is spon- followed Hurricane Harvey, Irma, Flor- rule, which went into effect last week, sored by ourselves, along with the ence, and now Michael. Right now they is the latest example. His decision to ranking members and the Senators of are preparing down there to evacuate expand junk insurance plans actually that committee, the EPW Committee, as we speak. It could become a manda- gives insurance companies more power and the Transportation Subcommittee. tory evacuation. This is something to sell plans that ignore protections for I want to take a moment to thank that is happening. Events like this people with preexisting conditions. It the members I just mentioned and show why it is utterly critical to main- gives insurance companies more power their staffs. The staffs are the ones who tain flood control and be able to pro- to discriminate based on age or on sex. do the heavy lifting because without tect against the floodwaters as much It gives insurance companies even our willingness to work together on as possible. more power to avoid covering impor- this legislation, we wouldn’t be able to That is what this bill we will be con- tant medical needs like emergency discuss it here on the floor today, and sidering in a few minutes is all about. care, mental health care, prescription I appreciate that dedication. It is going It will also further address the need for drugs, or even maternity care. This to happen today. repairing our aging drinking water, rule also lets insurance companies There are a lot of provisions in the wastewater and irrigation systems, im- spend less money on patients directly bill that advance our Nation’s infra- proving conditions all across the and more money on excessive adminis- structure priorities. In addition, the United States in homes, farms, and trative costs and executive bonuses. State of Oklahoma would benefit in businesses. This new rule shows how empty Presi- many ways as well. We have reauthorized WIFIA and au- dent Trump’s promises are when it One of the big secrets around the thorized a new tool by including Sen- comes to preexisting conditions. world and around America is that ator BOOZMAN’s SRF WIN Act, of which It is not just President Trump. A lot Oklahoma is actually navigable. We I am a very proud cosponsor. These of Republicans are claiming to stand have a navigation way that goes from provisions, along with technical assist- for protections for preexisting condi- the Mississippi River all the way up to ance for our small and rural systems, tions. However, when you compare how my hometown of Tulsa, with the Port will provide more help to our commu- Democrats are fighting for these pro- of Catoosa. nities struggling to finance and up- tections and how some Republicans are I can remember many years ago, grade our hidden infrastructure needs. undermining them, the difference is as when I was in the State legislature, Maintaining critical infrastructure is clear as night and day. and some people came to me who were one of the most important constitu- When President Trump tried to pass World War II veterans—one of the tionally required duties we have as his TrumpCare bill and undermine pre- groups that was doing a very good job— Members of Congress. I sometimes existing condition protection, Demo- and they said: We would like to be able have to remind people who often dis- crats stood with families across the to show and to demonstrate that we regard a document called the Constitu- country and fought tirelessly to stop are navigable in Oklahoma. If you will tion that this is what we are supposed that awful bill. However, most of our get us a submarine, we will take it all to be doing and what we are carrying Republican colleagues championed it. the way up to Oklahoma. out with the bill we are about to pass When President Trump’s Justice De- So I went down to Orange, TX, and in the next few minutes. partment chose to abandon these pro- found the USS Batfish. This is a World I look forward to passing this legisla- tections in court against the Repub- War II submarine. They were able to do tion and sending it to the President to lican-led lawsuit to strike them down, it without any help at all—without any sign into law. It is another win for Democrats rallied around the bill to let help from government. They had to get America. the Senate join the lawsuit and defend on there, and they had to reduce it to I have to say, the committee has protections for preexisting conditions. get under bridges and lift it up in shal- done so well. People are criticizing the Not a single Republican joined in that

VerDate Sep 11 2014 00:14 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.009 S10OCPT1 S6744 CONGRESSIONAL RECORD — SENATE October 10, 2018 effort. Now President Trump is under- websites, eHealth and Agile Health In- Among the most common preexisting mining these protections through the surance, across 45 States, none in- conditions are high blood pressure, be- junk plan rule, and Democrats are cluded maternity care. It gets worse: 71 havioral health disorders, high choles- again on the floor leading the charge percent offered no prescription drug terol, asthma/chronic lung disease, against him with the resolution that is coverage, and 43 percent of these plans heart conditions, diabetes, and cancer. before us today. didn’t cover mental healthcare serv- In 2017, HHS released a report stating Where are those Republican col- ices. that as many as 133 million non-elderly leagues who have claimed to care so To be frank, these plans are junk in- Americans have a preexisting condi- much about this issue but have done so surance. The major protections in the tion. The Maryland Health Benefit Ex- little to fight for it? So far they have Affordable Care Act are basically change estimates that there are ap- offered empty promises and even gim- tossed out the window, and we are re- proximately 2.5 million non-elderly micks, like a bill they claim protects minded of why health reform was need- Marylanders with a preexisting condi- people with preexisting conditions but ed so badly in the first place. These tion, 320,000 of which are children. actually allows insurance companies to plans can include annual and lifetime Expanding access to short-term lim- discriminate based on age and sex. limits on care, meaning that, if you ited duration plans is another in a long If Republicans are serious about need an expensive medical treatment, line of GOP healthcare sabotage efforts standing up for people with preexisting you may be out of luck, even after pay- since President Trump took office. conditions, they will join us to pass ing your premiums. Women can once Short-term plans are allowed to have this bill and fight for them. I am not again be charged more than men for annual or lifetime dollar limits on cov- holding my breath, but I am not giving the same plan. erage, and do not have to provide cov- up. Democrats are going to keep fight- Insurance companies don’t have to erage of essential health benefits or ing for people across the country, for comply with medical loss ratio rules provide coverage to those with pre- people with preexisting conditions. We that limit administrative costs. In existing conditions. These plans will are going to keep fighting for cancer fact, short-term plans covering 80 per- lead to increased health insurance pre- patients and survivors, people living cent of the market in 2016 only spent miums for people buying insurance on with diabetes and arthritis and other half of premium dollars on actual med- the ACA marketplace. Healthy individ- chronic diseases, and we are going to ical care. uals may be deceived to leave the mar- keep fighting for women who are preg- Short-term plans have traditionally ketplace and buy these junk plans in- nant or seniors who are facing the been used by some consumers for what stead. challenges of old age and for so many the name implies, to bridge short gaps Short-term plans will impose an ‘‘age other families who might not be able to between long-term coverage for a mat- tax’’ on seniors because they are al- get the care they need without these ter of months. The final rule changes lowed to charge seniors more for cov- important protections for people with this to years. Given the severe short- erage. Currently, the ACA limits how preexisting conditions. falls these plans have and significant much more plans are allowed to charge Finally, I thank Ms. BALDWIN for her consumer risk, they are simply not seniors. leadership on this very important ef- meant to be a substitute for real health Short-term plans are junk insurance, fort. I know this fight is personal for insurance. plain and simple. People believe they her, like it is for so many families I urge my colleagues to support this have coverage, but when they get sick across the country. I am grateful for resolution to protect consumers and and need medical care, they suddenly her leading the charge. look forward to working together to realize the plan that they paid for Thank you. improve health coverage, not make it won’t allow them to receive the care I yield the floor. worse. they require. Mrs. FEINSTEIN. Mr. President, I Mr. CARDIN. Mr. President, today I These actions by the Trump adminis- rise today in support of S.J. Res. 63, a wish to discuss American’s access to tration to expand access to short-term resolution of disapproval on the Trump healthcare and the patient protections plans is wrong. Not only do these ac- administration’s final rule allowing that are currently being threatened by tions directly threatens the 133 million the expansion of short-term junk the Trump administration, specifically Americans with preexisting conditions, health insurance plans. expanding the availability of junk but also any American who wishes to My home State of California recently health insurance, also known as short- have strong, affordable, and com- passed a law prohibiting these short- term limited duration plans. prehensive coverage. term plans to protect consumers be- Short-term limited duration insur- S. 3021 cause these plans do not offer real cov- ance is a type of health insurance that Mrs. FEINSTEIN. Mr. President, I erage and are allowed to only take was designed to fill temporary gaps in rise today to speak in support of the healthy consumers. coverage, such as when an individual is pending bill, America’s Water Infra- One hundred thirty million non-el- transitioning from one plan or cov- structure Act. derly Americans have a preexisting erage to another plan or coverage. I congratulate Chairman BARRASSO condition, including 16 million in Cali- The Obama administration limited and Ranking Member CARPER of the fornia. Among the most important pro- these plans to 3 months to ensure they Environment and Public Works Com- visions in the Affordable Care Act are would be used only as a backstop for mittee for completing this vitally im- the consumer protection requirements those who truly need temporary, lim- portant bill on time. It is critical that for health insurance plans that ensure ited duration coverage. we reauthorize Army Corps projects preexisting conditions no longer dic- A major flaw of this insurance is that and other water financing authorities tate access to health coverage and es- it is exempt from certain consumer every 2 years, as they have done. sential benefits that ensure coverage is protections provided through the Af- The bill before us authorizes con- meaningful and comprehensive. fordable Care Act. struction of 12 new water resource de- It does a cancer patient little good to Because of the Affordable Care Act, velopment projects and 65 studies. have health insurance that doesn’t health insurance companies are re- America’s Water Infrastructure Act cover chemotherapy, just as coverage quired to offer essential health benefits also includes a number of provisions without maternal care is meaningless such as emergency services, maternity that will benefit California. to an expectant mother. In fact, before care, mental health and substance use The bill includes a provision I au- the Affordable Care Act was passed, disorder services, and preventative thored that will require EPA and the three out of four plans on the indi- services. Additionally, insurance com- Bureau of Reclamation to enter into an vidual market did not cover labor and panies are no longer allowed to place agreement within a year. The agree- delivery. annual or lifetime dollar limits on cov- ment must specify how the two agen- An analysis by Kaiser Family Foun- erage and cannot refuse to cover some- cies will jointly administer a Treasury- dation just this last April found that of one or charge someone more just be- rate loan program for storage, water the more than 600 short-term plans of- cause they have a preexisting condi- recycling, groundwater recharge, and fered through two major insurance tion. other water supply projects.

VerDate Sep 11 2014 01:16 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.010 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6745 This provision builds off EPA’s suc- loans, so it is more efficient if Rec- The legislative clerk proceeded to cess using Treasury-rate loans to fund lamation can recommend the loans and call the roll. projects under the Water Infrastruc- EPA can administer them. Without the Mr. CARPER. Mr. President, I ask ture Finance and Innovation Act, legislation before us, EPA and Rec- unanimous consent that the order for WIFIA. The idea is to extend these lamation would not reach an agree- the quorum call be rescinded. Treasury-rate loans to water supply ment on how they would jointly admin- The PRESIDING OFFICER. Without projects. ister these water supply loans. objection, it is so ordered. There are three significant ways Now that we know that Reclamation WIFIA loans will lower costs for local and EPA will reach this agreement Mr. CARPER. Mr. President, I don’t agencies wanting to build storage, within a year, Congress can shortly know what it is like in Alaska, Wyo- water recycling, groundwater recharge, thereafter move legislation with both ming, or Tennessee these days, but a or other water supply projects: agencies’ support to extend the suc- lot of times, when I am going home or No. 1, they will pay only 3.2 percent cessful and cost-effective WIFIA loan back and forth, people are saying to interest rate on their loans based on program to water supply projects. I me: I wouldn’t want your job for all the today’s rates, versus 4 percent or great- look forward to working with my col- tea in China. er rates for municipal bond financing; leagues on this additional legislation. I say: Well, I actually feel lucky to No. 2, the districts would not need to I am also pleased that this bill au- do this job. They ask: What do you like start paying interest until 5 years after thorizes construction and studies and about it? I say: I like helping people. substantial completion of the project; provides other needed modifications for They say: Really? And they ask for ex- and No. 3, loans are for 35 rather than many important water infrastructure amples. 30 years, lowering annual debt service projects in California. Today is a good example. One of the costs. One such project that received a con- best ways to help people is to make The combination of these benefits struction authorization is the Lower sure they have a job. There are a lot of could reduce the costs of building a San Joaquin River project, which pro- different ways we provide that nur- project by as much as 25 percent. For vides critical flood control to the turing environment for job creation example, if a consortium of water dis- Stockton metropolitan area. and preservation, and one of those tricts takes out a loan to build Sites Additionally, this bill doubles Fed- ways is in the area of infrastructure. Reservoir, they would pay only $512/ eral funding for the Harbor South Bay Sometimes an overlooked part of our acre-foot instead of $682/acre-foot, a 25 water recycling project, authorizing up infrastructure is the one we address di- percent saving. to $70 million in Federal funds. rectly in the Water Resources Develop- These water district savings of up to This increase in Federal funding will ment Act before us today. 25 percent are a highly cost-effective meaningfully expand this project’s ca- Our water infrastructure is actually use of taxpayer dollars because they pability to provide recycled water to the forgotten leg on the infrastructure can be obtained by appropriations of surrounding communities. I am pleased stool. We rightly worry about the in- only 1–1.5 percent of the cost of the to see Army Corps funding utilized for frastructure we can see: our bridges, loan, as validated by OMB. water recycling, which is truly a key highways, airports, and railroads, but OMB has approved loans of $5 billion for sustainability and water security in our Nation’s water infrastructure: our backed only by appropriations of only 1 drought-prone California. pipes, shipping channels, flood control percent of that amount, or $50 million Other key California projects in this structures, and the infrastructure we for WIFIA, because there is a virtually bill include authorization for a flood don’t see, as we have learned, is in des- nonexistent default rate for water risk management, navigation, and eco- perate need of investment. projects. system restoration project in the San Our Nation’s drinking water systems, Only four in a thousand water infra- Diego River and directing the Army dams, reservoirs, levees, shipping structure projects default, based on a Corps to expedite flood risk manage- lanes, and ports support and promote study conducted by Fitch credit rating ment, water conservation and eco- economic growth and job creation. agency. system restoration studies at the Coy- These systems provide water for every- Moreover, WIFIA loans include sub- ote Valley Dam, Lower Cache Creek, thing from families to agriculture to stantial taxpayer protections. Private Lower San Joaquin River, South San small businesses. This is infrastructure sector loans have to cover at least 51 Francisco, Tijuana River, Westminster- that Americans rely on every day, and percent of the project cost, and the East Garden Grove, and San Luis Rey it keeps our economy moving. Federal loans would have senior status River. in the event of any default. These pro- Lastly, I would like to mention the America’s Water Infrastructure Act visions protect the taxpayer in the two other very important provisions of 2018, the legislation that we will event of any default. for California as well as the Nation soon be voting on, makes water a pri- The provision in the bill before us is that I strongly support. ority from coast to coast. As my good a compromise, different in some sig- This bill increases funding for the friend, the chairman of our committee, nificant ways from the provision I in- Army Corps’ dam rehabilitation pro- JOHN BARRASSO, has said, America cluded in the Senate bill. Like the Sen- gram for structures built before 1940 needs comprehensive water infrastruc- ate bill, the bill before us requires EPA from $10 million to $40 million until ture legislation that will create jobs, and the Bureau of Reclamation to fiscal year 2026. The United States is keep communities safe, and make the enter into an agreement within a year facing many challenges due to aging Army Corps of Engineers and the EPA on how they would jointly administer a infrastructure, and in California, we more accessible to stakeholders. Treasury-rate loan program for water saw the serious ramifications of that The legislation before the Senate supply projects. with the Oroville Dam disaster. today has received endorsement from However, the House was unwilling to Additionally, this legislation reau- industry, from environmental protec- allow the Bureau of Reclamation to thorizes and expands the Drinking tion groups, and from everything in be- recommend water supply projects for Water State Revolving Loan Fund for tween. The U.S. Conference of Mayors, loans within EPA’s existing WIFIA au- the first time in 22 years to address the National League of Cities, and the thority. As a result, additional legisla- aging or damaged drinking water infra- National Association of Counties say tion will be needed to authorize Rec- structure in communities across the that this bill drives investment in lamation loans for water supply country. navigation, flood protection, and eco- projects once EPA and Reclamation For all these reasons, I support the system restoration in communities and reach their agreement. America’s Water Infrastructure Act be- that it protects public health and safe- While further legislation will be fore us today. Thank you. ty and our natural resources. It is crit- needed, the legislation before us today Mrs. MURRAY. I suggest the absence ical in helping our communities to provides an important step forward. of a quorum. build, maintain, and improve this crit- EPA has developed expertise in proc- The PRESIDING OFFICER. The ical infrastructure while growing our essing and administering water supply clerk will call the roll. national and local economies.

VerDate Sep 11 2014 00:14 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.012 S10OCPT1 S6746 CONGRESSIONAL RECORD — SENATE October 10, 2018 I am here to applaud and thank, once There being no objection, the mate- tiate legislation to make a technical correc- again, our chairman, our staffs, and ev- rial was ordered to be printed in the tion in the language of this section to re- eryone who has worked on this from RECORD, as follows: place the words ‘‘Arizona River Basin’’ with Alaska to Wyoming. ‘‘Arkansas River Basin’’ to ensure the work SENATE EXPLANATORY STATEMENT TO ACCOM- is conducted in the Arkansas River Basin, lo- Mr. President, I ask unanimous con- PANY S. 3021, AMERICA’S WATER INFRA- cated in Colorado and three other States. sent that a list of congressional staff STRUCTURE ACT OF 2018 Further, the Senate Managers ask that the who deserve recognition for their work The following explanatory statement from Corps prepare to implement this section as on S. 3021 be printed in the RECORD. the Senate supplements and provides addi- so modified pending the correction. There being no objection, the mate- tional views on the Managers’ Joint Explan- SECTION 1229 atory Statement accompanying S. 3021: rial was ordered to be printed in the Section 1229 directs the Secretary to do a America’s Water Infrastructure Act of 2018 RECORD, as follows: report on the status of a water supply con- (AWIA), that was submitted as part of the Thanks to the staff who worked tirelessly tract for Wright Patman Lake, Texas. In ad- Congressional Record during consideration on this bill throughout the year, including dition to that provision, the Senate Man- in the House of Representatives on Sep- the staff of Chairman John Barrasso: Rich- agers believe that the Secretary should im- tember 13, 2018. ard Russell, Brian Clifford, Elizabeth Olsen, plement the Department of the Army, Civil Andy Harding, Pauline Thorndike, Craig SECTION 1144 Works Contract No. 29–68–A–0130, at Wright Thomas; Ranking Member Tom Carper: Mary Section 1144 on Levee Safety Initiative Re- Patman Lake, Texas, in an expeditious man- Frances Repko, John Kane, Christina authorization extends by five years the au- ner and in accordance with all applicable Baysinger, Skylar Bayer, Ashley Morgan, thorization of appropriations for the Na- Federal and State water laws. This includes Avery Mulligan, Andrew Rogers; Sub- tional Levee Safety Program, which includes the acceptance and expenditure of funds con- committee Chairman Jim Inhofe: Jennie the committee on levee safety, inventory tributed by a non-Federal interest for any Wright; Subcommittee Ranking Member and inspection of levees, and levee safety ini- study required by law to implement the con- Benjamin L. Cardin: Mae Stevens; Chairman tiative. The Senate Managers urge the Army tract. Bill Shuster: Ian Bennitt, Victor Sarmiento, Corps of Engineers (the Corps) to improve SECTION 1318 Elizabeth Fox, Jon Pawlow, Geoff Gosselin, the current levels of levee safety program Section 1318 directs the Secretary of the Peter Como, Chris Vieson; Ranking Member transparency and local levee sponsor in- Army to align the schedules of and ensure Peter A. DeFazio: Ryan Seiger, Michael volvement. coordination between the Argentine, East Brain, Kathy Dedrick, David Napoliello; By law and policy, local levee sponsors as- Bottoms, Fairfax-Jersey Creek, and North Chairman Greg Walden: Jerry Couri; and sure the day-to-day performance of levee sys- Kansas Levees Units, Missouri River and Ranking Member Frank Pallone: Jackie tems. As such, local sponsors typically main- Tributaries at Kansas Cities, Missouri and Cohen, Jean Fruci, Rick Kessler, Tuley tain abundant familiarity with localized Kansas, project and the project for flood risk Wright. flood and levee system conditions as well as management in Armourdale and Central In- Mr. CARPER. I yield my time. local risk management and communication dustrial District Levee Units, Missouri River The PRESIDING OFFICER. The Sen- needs. For the levee safety program to be and Tributaries at Kansas Cities, Missouri ator from Wyoming. successful in achieving cost-beneficial flood arid Kansas. It is the Senate Managers’ in- Mr. BARRASSO. Mr. President, I ask damage reduction, the Corps must to the tent that these two flood control projects be maximum extent practicable involve local unanimous consent to complete my considered to be a single project for budg- sponsor expertise and rely on scientifically eting purposes despite separate authoriza- brief statement before the rollcall is sound and technically rigorous analysis. The taken. tions, and for the purposes of the Supple- Senate Managers are aware of internal guid- mental Appropriations in the Bipartisan The PRESIDING OFFICER. Is there ance drafted by the Corps to direct its dis- objection? Budget Act of 2018, P.L. 115–123, it is an ongo- trict offices to engage public sponsors as par- ing construction project. Without objection, it is so ordered. ticipants in all levee safety program activi- SECTION 2010 Mr. BARRASSO. Mr. President, it is ties. The Corps is encouraged to execute this time to vote on America’s Water Infra- directive fully so that local sponsors and af- Section 2010 provides new authority to per- structure Act. fected citizens derive maximum benefit from mit a State to require the owner or operator I thank my friend and colleague from the levee safety program. of certain public water systems to assess its options for consolidation, transfer of owner- Delaware, the senior Senator, Mr. CAR- The Senate Managers arc additionally con- cerned about the agency’s decision to formu- ship, or other activities in order to get that PER, for his great contributions to this late and publicize Levee Safety Action Clas- system into compliance. The Senate Man- piece of legislation. sification (LSAC) assignments for levee sys- agers believe there is no requirement for sys- It is an important bill that has broad tems in the absence of site-specific solutions tems to adhere to the results of these assess- bipartisan, bicameral support. There and corresponding cost estimates. It is dif- ments. are 95 groups that have endorsed it. ficult to perform effective risk characteriza- SECTION 4103 They represent a broad cross-section of tion and communication about levee systems Section 4103 provides technical assistance stakeholders from a wide variety of in the absence of identified corrective ac- for treatment works in the Clean Water Act backgrounds. From the Sierra Club to tions and their associated costs and benefits. (CWA). It is the Senate Managers’ view that, the American Petroleum Institute to The levee safety program must improve when determining which qualified and expe- flood protection by driving requisite co- the U.S. Chamber of Commerce, they rienced nonprofit organizations will provide operation with local sponsors, transparency, on-site training and technical assistance, the all agree that this important infra- objectivity, rigorous technical justification, EPA should consult with the relevant State structure legislation is good for our and development of actual solutions that and the publicly owned treatment works to country, good for our communities, focus on the imperative of identifying cost- determine the forms of training and tech- good for our economy, and good for our beneficial, engineered solutions. The Corps nical assistance they believe will be most ef- environment. The Wyoming Wool noted in a March 2018 Levee Portfolio Report fective and beneficial. Growers Association, the Arkansas that, ‘‘there may be reluctance to share risk ADDITIONAL VIEWS OF THE SENATE MANAGERS Rural Water Association, and the Mil- information with the public when an imme- ON WATER RESOURCE ISSUES AND THE DE- diate and viable risk management solution VELOPMENT OF S. 3021 waukee Metropolitan Sewerage Dis- has not been identified.’’ The Senate Man- trict have all united in praise for a bill EPA’s ‘‘Water Transfer Rule,’’ 40 CFR agers urge the Corps to immediately rectify § 122.3(i), excludes discharges from ‘‘an activ- that will help all 50 States. this shortfall by cooperating with local levee The water infrastructure bill passed ity that conveys or connects waters of the sponsors to produce viable levee system cor- United States without subjecting the trans- our committee 21 to nothing, and it rective actions and corresponding cost esti- ferred water to intervening industrial, mu- passed the House with a unanimous mates along with LSAC assignments. Given nicipal, or commercial use’’ from the Na- voice vote. It is time to send it to the the scope and potential impact of these levee tional Pollutant Discharge Elimination Sys- President for his signature. I would system risk assessments, which could in- tem (NPDES) wastewater permitting re- just ask our Members to join us in sup- volve levee accreditation status by FEMA quirements of the Clean Water Act, 33 USC under the National Flood Insurance Pro- porting this important bipartisan in- § 1342. The Second Circuit Court of Appeals gram, the Corps should also seek out exter- held that EPA’s interpretation of CWA is frastructure bill. nal peer review of the reliability and useful- Mr. President, along with Ranking reasonable and EPA is entitled to Chevron ness of the overall LSAC process. deference in Catskill Mountain Chapter of Member CARPER, I ask unanimous con- SECTION 1170 Trout Unlimited v. EPA, 846 F.3d 492 (2nd sent to have an explanatory statement Section 1170 contains a drafting error that Cir., 2017); cert denied, 138 S. CT. 1164–1165 to accompany S. 3021, America’s Water was identified following the passage of S. (Feb. 26, 2018). The Supreme Court’s denial of Infrastructure Act, printed in the 3021 as amended by the House of Representa- certiorari resolves the question of whether RECORD. tives. The Senate Managers intend to ini- EPA’s Rule complies with the CWA.

VerDate Sep 11 2014 02:51 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.012 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6747 The Senate Managers encourage the Sec- The Senate Managers encourage the Sec- The bill clerk read as follows: retary to conduct a study on impediments to retary to expedite the completion of the House message to accompany S. 3021, a bill the U.S. Army Corps of Engineers’ Water In- PACR for the Port Pierce, Florida, shore to designate the United States courthouse frastructure Finance and Innovation Act (33 protection and harbor mitigation project. located at 300 South Fourth Street in Min- U.S.C. 3901 et seq.) (WIFIA) program imple- The project was authorized by section 301 of neapolis, Minnesota, as the ‘‘Diana E. Mur- mentation. In the study, the Secretary the River and Harbor Act of 1965 (79 Stat. phy United States Courthouse’’. should examine obstacles to the implementa- 1092), section 102 of the River and Harbor Act tion of the Corps WIFIA program and to of 1968 (82 Stat. 732), and section 506(a)(2) of Pending: identify all projects that the Secretary de- the Water Resources Development Act of McConnell motion to concur in the termines are potentially viable to receive as- 1996 (110 Stat. 3757), and modified by section amendments of the House to the bill. sistance. Additionally, the study should de- 313 of the Water Resources Development Act McConnell motion to concur in the scribe any amendments to the Act or other of 1999 (113 Stat. 301). amendment of the House to the bill, legislative or regulatory changes that would The Senate Managers encourage the Sec- with McConnell Amendment No. 4048 improve the Secretary’s ability to imple- retary to expedite the completion of the (to the motion to concur in the amend- ment the Corps’ WIFIA program. The report PACR for the Port of Iberia navigation should be submitted to the Committee on ment of the House to the bill), to project, authorized by section 1001(25) of change the enactment date. Environment and Public Works of the Senate WRDA 2007 (121 Stat. 1053; 128 Stat. 1351). and the Committee on Transportation and The Senate Managers encourage the Sec- McConnell Amendment No. 4049 (to Infrastructure of the House of Representa- retary to expedite the completion of PACR Amendment No. 4048), of a perfecting tives no later than one year after enactment for the Wrightsville Beach, North Carolina, nature. of AWIA 2018. hurricane and storm damage risk reduction The PRESIDING OFFICER. Under Water resources projects have historically project. It was authorized by section 203 of the previous order, all postcloture time not been able to be completed after construc- the Flood Control Act of 1962 (76 Stat. 1182) on the motion to concur in the House tion commences due to the use of benefit- and section 501 of WRDA 1986 (100 Stat. 4135). cost analyses in the budgeting of water re- amendments to S. 3021 has expired, and The Senate Managers also encourage the the motion to concur with further sources development projects. During con- Secretary to expedite the completion of the struction, costs accrue while benefits are not PACR for the Carolina Beach, North Caro- amendments is withdrawn. yet realized, which lowers the benefit-cost lina, hurricane and storm damage risk reduc- The question occurs on agreeing to ratio stalling projects. The Senate Managers tion that was authorized by section 203 of the the motion to concur in the House continue to be concerned with this matter, Flood Control Act of 1962 (76 Stat. 1182). amendments to S. 3021. and ask that the Corps provide recommenda- The Senate Managers note that a number Mr. BARRASSO. Mr. President, I ask tions to Congress on how to address this con- of environmental infrastructure projects for the yeas and nays. cern within 180 days of enactment of this were unable to be included in the final text The PRESIDING OFFICER. Is there a Act. of AWIA due to the statutory requirements Several Chief’s Reports were neither com- sufficient second? of the project vetting process established in pleted nor received by Congress before nego- There appears to be a sufficient sec- WRDA 2014. As noted in the Joint Managers tiations closed on AWIA, and the bill was ond. Statement on September 13, 2018, AWIA passed by the United States House of Rep- The clerk will call the roll. amends the WRDA 2014 project vetting proc- resentatives. The final bill did not include ess to allow for the consideration of environ- The bill clerk called the roll. these projects for that reason. The Senate mental infrastructure projects prospectively. The result was announced—yeas 99, Managers believe that the Corps should expe- Although the requirements of WRDA 2014 nays 1, as follows: dite the completion of these reports in an ex- limited the consideration of environmental [Rollcall Vote No. 225 Leg.] pedient manner so these projects can be in- infrastructure projects during the develop- cluded in the next Water Resources Develop- YEAS—99 ment of S. 3021, the Senate Managers encour- ment Act. Alexander Gardner Murray The Senate Managers believe that the Sec- age the Corps to vet such projects using the Baldwin Gillibrand Nelson retary should expedite the expected Chief’s updated review process and resubmit them Barrasso Graham Paul Report for the Souris River Basin, Minot, for inclusion in the next water resources au- Bennet Grassley Perdue North Dakota, flood risk management thorization. Blumenthal Harris Peters Though not authorized in S. 3021, the Sen- Blunt Hassan Portman project that was authorized by section 209 of Booker Hatch Reed the Flood Control Act of 1966 (80 Stat. 1423). ate Managers have also agreed to request and support a National Academies study on Boozman Heinrich Risch The Senate Managers believe that the Sec- Brown Heitkamp Roberts retary should expedite the expected Chief’s the Rio Grande River Basin. Such study Burr Heller Rounds Report for the Delta Islands and Levees, should examine the Rio Grande River Basin Cantwell Hirono Rubio California, ecosystem restoration project. It as a holistic system to better understand Capito Hoeven Sanders was authorized by a June 1, 1948, Committee how the Corps should manage this river sys- Cardin Hyde-Smith Sasse on Public Works of the Senate resolution; tem in the face of extreme weather events to Carper Inhofe Schatz Casey Isakson Schumer the resolution adopted by the Committee on better meet water needs of the region. The National Academies should conduct an eval- Cassidy Johnson Scott Public Works of the House of Representa- Collins Jones Shaheen tives on May 8, 1948; and House Report 108– uation of the capacity, operation and state Coons Kaine Shelby 357 accompanying the Energy and Water De- of existing basin reservoirs; look for opportu- Corker Kennedy Smith velopment Appropriations Act, 2004 (Public nities to promote water conservation Cornyn King Stabenow Law 108–137; 117 Stat. 1827). through operation, regulation or physical Cortez Masto Klobuchar Sullivan The Senate Managers believe that the Sec- improvements of the reservoirs; and examine Cotton Kyl Tester retary should expedite the expected Chief’s the impacts of reservoir operation and man- Crapo Lankford Thune Report for the Anacostia Watershed, Prince agement on species and habitats to the re- Cruz Leahy Tillis Daines Manchin Toomey George’s County, Maryland, for flood con- gion. The study is expected to provide rec- Donnelly Markey Udall trol, navigation, and ecosystem restoration. ommendations for future management sce- Duckworth McCaskill Van Hollen The project was authorized by a resolution narios and recommendations in accordance Durbin McConnell Warner adopted by the Committee on Public Works with the Rio Grande Compact to assist in es- Enzi Menendez Warren and Transportation of the House of Rep- tablishing more flexible operation proce- Ernst Merkley Whitehouse resentatives on. September 8, 1988. dures to meet the water needs of the Rio Feinstein Moran Wicker The Senate Managers believe that the Sec- Grande River Basin. The Corps is encouraged Fischer Murkowski Wyden Flake Murphy Young retary should expedite the expected Chiefs to initiate this study with the National Report for the Hashamomuck Cove, New Academies as soon as practicable. NAYS—1 York, project for coastal storm risk manage- Lee ment, which was authorized in title X of di- Mr. BARRASSO. I yield the floor. vision A of the Disaster Relief Appropria- f The motion was agreed to. tions Act, 2013 (Public Law 113–2; 127 Stat. DESIGNATING THE UNITED f 23). The Senate Managers encourage the Sec- STATES COURTHOUSE LOCATED VOTE ON S.J. RES. 63 retary to expedite the completion of the post AT 300 SOUTH FOURTH STREET The PRESIDING OFFICER (Mrs. authorization change report (PACR) for the IN MINNEAPOLIS, MINNESOTA, ERNST). Under the previous order, all Howard A. Hanson Dam, Washington project AS THE ‘‘DIANA E. MURPHY time on the joint resolution is consid- for water supply and ecosystem restoration. UNITED STATES COURTHOUSE’’ This project was authorized by section 204 of ered expired. the Flood Control Act of 1950 (64 Stat. 180) The PRESIDING OFFICER. The The joint resolution was ordered to and modified by section 101(b)(15) of WRDA clerk will report the unfinished busi- be engrossed for a third reading and 1999. ness. was read the third time.

VerDate Sep 11 2014 02:51 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.008 S10OCPT1 S6748 CONGRESSIONAL RECORD — SENATE October 10, 2018 The PRESIDING OFFICER. The joint Senate the pending cloture motion, EXECUTIVE CALENDAR resolution having been read the third which the clerk will state. The PRESIDING OFFICER. The time, the question is, Shall the joint The senior assistant legislative clerk clerk will report the nomination. resolution pass? read as follows: The senior assistant legislative clerk Mr. LEE. Madam President, I ask for CLOTURE MOTION read the nomination of Jeffrey Bossert the yeas and nays. We, the undersigned Senators, in accord- Clark, of Virginia, to be an Assistant The PRESIDING OFFICER. Is there a ance with the provisions of rule XXII of the Attorney General. sufficient second? Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The Sen- There appears to be a sufficient sec- move to bring to a close debate on the nomi- ator from Massachusetts. ond. nation of Jeffrey Bossert Clark, of Virginia, Mr. MARKEY. Mr. President, I seek The clerk will call the roll. to be an Assistant Attorney General. The senior assistant legislative clerk Mitch McConnell, James Lankford, John recognition to speak at this time. proceeded to call the roll. Hoeven, James M. Inhofe, Johnny Isak- The PRESIDING OFFICER. The Sen- The result was announced—yeas 50, son, David Perdue, John Cornyn, Steve ator from Massachusetts. nays 50, as follows: Daines, John Barrasso, Mike Rounds, S. 3021 Thom Tillis, Lamar Alexander, James [Rollcall Vote No. 226 Leg.] Mr. MARKEY. Mr. President, I rise E. Risch, Jeff Flake, Richard Burr, Roy to convey my strong support for the YEAS—50 Blunt, Deb Fischer. Baldwin Harris Nelson America’s Water Infrastructure Act, Bennet Hassan Peters The PRESIDING OFFICER. By unan- which passed Congress earlier today. Blumenthal Heinrich Reed imous consent, the mandatory quorum With communities throughout Mas- Booker Heitkamp Sanders call has been waived. sachusetts and the country working to Brown Hirono Schatz Cantwell Jones The question is, Is it the sense of the improve the quality of their drinking Schumer Senate that Jeffrey Bossert Clark, of Cardin Kaine Shaheen water, bracing for rising seas and more Carper King Smith Virginia, to be an Assistant Attorney intense storms, and seeking to be more Casey Klobuchar Stabenow General shall be brought to a close? Collins Leahy competitive in the global economy, Tester Coons Manchin The yeas and nays are mandatory this legislative package will provide Udall Cortez Masto Markey under the rule. Van Hollen welcome relief and support for critical Donnelly McCaskill The clerk will call the roll. Duckworth Menendez Warner infrastructure. Durbin Merkley Warren The senior assistant legislative clerk I have long focused on providing re- Feinstein Murphy Whitehouse called the roll. sources needed to improve the mari- Gillibrand Murray Wyden Mr. DURBIN. I announce that the time linchpin of my State’s economy: NAYS—50 Senator from North Dakota (Ms. Boston Harbor. But this economic en- Alexander Gardner Paul HEITKAMP), the Senator from Florida gine needs direct Federal funding to Barrasso Graham Perdue (Mr. NELSON), and the Senator from Or- fire on all cylinders, especially as we Blunt Grassley Portman egon (Mr. WYDEN) are necessarily ab- transition to a new, supersized ship- Boozman Hatch Risch sent. Burr Heller Roberts ping era. Capito Hoeven Rounds The PRESIDING OFFICER. Are there Two years ago, the Panama Canal Cassidy Hyde-Smith Rubio any other Senators in the Chamber de- completed an expansion project that Corker Inhofe Sasse Cornyn Isakson siring to vote? allows bigger vessels, called post- Scott Cotton Johnson The yeas and nays resulted—yeas 53, Panamax ships, to pass through the Shelby Crapo Kennedy Sullivan nays 44, as follows: canal. These ships, which are the Cruz Kyl length of aircraft carriers and can Daines Lankford Thune [Rollcall Vote No. 227 Ex.] Enzi Lee Tillis YEAS—53 carry more than three times as much Ernst McConnell Toomey cargo as their competitors, are too Alexander Gardner Murkowski Fischer Moran Wicker large to dock at Boston Harbor today. Flake Murkowski Young Barrasso Graham Paul Blunt Grassley Perdue That is why, in the 2014 Federal water The resolution (S.J. Res. 63) was re- Boozman Hatch Portman resources bill, I fought to authorize jected. Burr Heller Risch $216 million in Federal funding for the The PRESIDING OFFICER. The ma- Capito Hoeven Roberts Cassidy Hyde-Smith Boston Harbor improvement project, jority whip. Rounds Collins Inhofe Rubio which will deepen the harbor to accom- Corker Isakson f Sasse modate those post-Panamax ships. I Cornyn Johnson Scott ORDER OF PROCEDURE Cotton Kennedy am pleased that my provision dedi- Shelby Crapo Kyl cating an additional $16 million to this Mr. CORNYN. Madam President, I Sullivan Cruz Lankford crucial project was included in the 2016 ask unanimous consent that notwith- Daines Thune Lee water resources bill. standing rule XXII, the cloture vote Enzi Manchin Tillis Toomey The Boston Harbor improvement with respect to the Clark nomination Ernst McCaskill Fischer McConnell Wicker project is projected to double the har- occur at 2:15 p.m. today. Flake Moran Young bor’s container volume, protect and The PRESIDING OFFICER. Without grow 7,000 jobs, and generate $4.6 bil- objection, it is so ordered. NAYS—44 Baldwin Gillibrand Peters lion in economic activity throughout f Bennet Harris Reed the New England region. It is a simple RECESS Blumenthal Hassan Sanders formula: Larger ships mean more Booker Heinrich Schatz cargo, more cargo means more com- Mr. CORNYN. Madam President, I Brown Hirono Schumer ask unanimous consent that the Sen- Cantwell Jones Shaheen merce, and more commerce means ate stand in recess as if under the pre- Cardin Kaine Smith more jobs for Boston and the State of Carper King Stabenow Massachusetts. vious order. Casey Klobuchar Tester Coons Leahy I am pleased that the Corps has to The PRESIDING OFFICER. Under Udall Cortez Masto Markey date allocated $91 million of funding to the previous order, the Senate stands Van Hollen Donnelly Menendez this critical project thus far, but deep- in recess until 2:15 p.m. Duckworth Merkley Warner Thereupon, the Senate, at 12:27 p.m., Durbin Murphy Warren ening the harbor alone does not ensure recessed until 2:15 p.m., and was reas- Feinstein Murray Whitehouse that the Port of Boston can accommo- date these new, gargantuan giants of sembled when called to order by the NOT VOTING—3 OTTON the seas. We must also deepen the Presiding Officer (Mr. C ). Heitkamp Nelson Wyden f berths, the area where the ships dock. The motion is agreed to. That is why I am proud to secure a pro- CLOTURE MOTION The PRESIDING OFFICER. On this vision in this bill that will allow the The PRESIDING OFFICER. Pursuant vote the yeas are 53, the nays are 44. port to construct more expansive to rule XXII, the Chair lays before the The motion is agreed to. berths, and I am pleased to help secure

VerDate Sep 11 2014 02:51 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.015 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6749 a $42 million Federal grant to expand when FERC deadlocks, as they can for The PRESIDING OFFICER. Without these berths. every other FERC decision. In sports, a objection, it is so ordered. By no means is Boston Harbor the tie isn’t a loss, and the Fair RATES S.J. RES. 63 only coastal gem in Massachusetts. In Act will ensure that a tie at FERC Ms. MURKOWSKI. Mr. President, 2020, we will be celebrating the 400th won’t mean consumers lose with higher just a little bit ago, a few hours ago, anniversary of the voyage of the electricity rates. We must ensure that we had a matter before the Senate re- Mayflower and the settlement at Plym- ratepayers are protected from unjust lating to S.J. Res. 63. This was a reso- outh, but the celebration won’t be com- and unreasonable increases in energy lution of disapproval, which would plete if the ships can’t get into and out prices. The legislation will help return have worked to disapprove of the rule of Plymouth Harbor. Regrettably, the power to the people when it comes that was issued jointly by the Treas- Plymouth Harbor has filled up with so to energy prices by providing an outlet ury, Labor, and Health and Human much sand that ships are having trou- for consumers to challenge rate in- Services regarding these short-term, ble navigating—including the center- creases. limited duration insurance plans. piece of the celebration, the newly re- I thank Senators MURKOWSKI and I had hoped, actually, to have an op- stored Mayflower II. That is why I se- CANTWELL for working with me to portunity to speak to this prior to the cured a provision in this bill requiring move this legislation forward, and I vote but was not able to. I want to take the Corps to dredge this important thank my great partner in the House of just a couple of minutes this afternoon landmark for the 400th anniversary. Representatives, Congressman KEN- to weigh in on this issue from an Alas- Just a few months ago, I helped secure NEDY, for his tireless work to address kan perspective. I think there have $14.5 million needed to ensure that this this issue and to protect consumers. been some suggestions that with this hallmark of American history is swift- I am pleased that this legislation rule in place, those of us who care ly deepened. contains several other key provisions about protecting those with pre- With this statutory requirement and that increase the funding caps for three existing conditions, somehow or an- funding, Plymouth Harbor will be able coastal protection programs, allowing other, are taking these protections to host a great birthday party in 2020— the towns of Salisbury, Newbury, and away. one that Americans from all corners of Sandwich to implement larger beach- I have weighed this carefully. In fair- the country and people from around nourishment projects—pumping sand ness, I think some of the arguments the world are going to attend. But onto the beach—to protect their com- that have been made are, perhaps, not those Bay Staters living on Cape Cod munities; reevaluate the Muddy River quite as clear cut as would be sug- will most likely experience a little environmental restoration project to gested and, perhaps, certainly, in a traffic on the way to the event because pave the way for reauthorizing this State like mine, where we still have Cape Cod is only accessible by two crucial project; permit the town of the highest healthcare costs in the bridges, which span the Cape Cod Sandwich to use sand pumped from the country and some of the highest costs Canal. If Cape Cod is the arm of Massa- Federal Cape Cod Canal that otherwise for coverage in the country. chusetts, then these two bridges are would be dumped in the ocean to for- I think Members here in the Senate the vital arteries delivering the is- tify their town from rising seas; ensure know full well that while I have op- land’s lifeblood. The strength of those that the Corps takes on all the costs to posed many aspects of the Affordable two bridges will determine the repair the town of Sandwich’s beaches, Care Act, I have supported and have strength of the island’s economy and which experience severe erosion due to strongly supported certain parts of it health and well-being. the jetties at the mouth of Cape Cod as well. Again, one of those things that Regrettably, these two 80-year-old Canal; and require the EPA to appoint I feel very strongly about is the need to bridges, which are owned by the Army liaisons to minority, Tribal, and low- ensure that we protect those who have Corps, are structurally deficient. That income communities so these disen- preexisting conditions. That is a debate is a problem for businesses that need franchised groups can have better ac- that, I think, is ongoing in other places an uninterrupted flow of commerce and cess to the resources and tools provided as well. Yet I want to make clear that, residents who must have a safe means by the Federal Government to improve certainly, my vote this morning is in of evacuation in the event of an emer- the quality of our Nation’s drinking no way meant to erode or undermine gency. Imagine if there were an acci- water. where I am coming from when it comes dent at the Pilgrim Nuclear Power Sta- From fortifying our communities, to to preexisting conditions. tion or the equivalent of a Hurricane dealing with the present-day impacts Back to the situation that we face in Maria. These two bridges are the only of climate change, to eradicating the Alaska, as I mentioned, we are the way for many Cape Cod residents to es- environmental contaminants of the highest in terms of the cost of care and cape to safety. 20th century from our water infrastruc- the highest in terms of the cost of cov- I am proud that this bill includes my ture, this legislation package will pro- erage, and we are still one of those provision directing the Corps to replace vide the funding and direction needed States that has but one insurer on the these critical evacuation routes, help- to help modernize the Commonwealth’s exchange in Alaska. So our options are, ing preserve the very safety of island water infrastructure. really, pretty limited. As I am speak- residents. In a time of emergency, Mas- I thank Chairman BARRASSO and ing to individuals about what they are sachusetts residents shouldn’t have to Ranking Member CARPER for working hoping for when it comes to coverage, think twice about the best way to get with me on this important legislation. they are looking for additional options, their families to safety. I was proud to vote in favor of Amer- but they are looking for affordable op- The bill also includes legislation that ica’s Water Infrastructure Act today. tions as well. I have authored to help protect con- It is something that I think is going to It is true—it is absolutely true—that sumers from unjust and unreasonable work very successfully for the State of these short-term plans do not offer as increases in their electricity rates. Massachusetts. It is something that, in much or, certainly, may not offer as Right now, if the Federal Energy Regu- my opinion, is the quintessential exam- much in the way of coverage as those latory Commission has a vacancy—as ple of how bipartisanship should, in plans that are offered on the individual is currently the case—and deadlocks 2 fact, animate the legislative process in exchanges. I understand that, but I to 2 on whether to improve a rate in- this body. have had to come down on this issue on crease, the increase goes forward. To With that, I yield the floor. the side of more choice for consumers make matters worse, the public can’t I suggest the absence of a quorum. and more options being a good thing even challenge a decision in this cir- The PRESIDING OFFICER. The for consumers. cumstance. That is exactly what hap- clerk will call the roll. In Alaska, our population, as one pened in New England in 2014, leading The assistant bill clerk proceeded to knows, is relatively small. We have to a $2 billion increase for our region’s call the roll. about 720,000 people in the whole State, consumers. Ms. MURKOWSKI. Mr. President, I but we are talking about 18,000 people, My legislation would fix that by al- ask unanimous consent that the order give or take, who are enrolled on the lowing the public to bring a challenge for the quorum call be rescinded. individual exchanges each year. The

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.021 S10OCPT1 S6750 CONGRESSIONAL RECORD — SENATE October 10, 2018 universe here is 18,000 people when we natives. So perhaps these short-term heard are that people have bought are talking about the exchanges. In the plans could be a viable option. For the these less expensive plans, these short- year 2016, which was the most recent 10,000-some-odd people who are cur- er term plans, and then, when they year about which the IRS can give us rently using a sharing ministry, again, need them the most, they realize the information, there were about 15,000 these types of plans could be an alter- coverage doesn’t take care of them. people who chose to pay the individual native. For the people who may choose That is also not a place we want any- mandate penalty rather than to buy to drop off the individual exchanges one to be. Making sure that there is a the insurance. Think about what that next year, these plans could be a path level of transparency, that there is a means. They are weighing this, and forward for some having some level of level of disclosure that is real and not they are saying: I would rather pay a coverage. just the tiny boilerplate that nobody fine, pay that penalty. It is not that I Again, I am not saying that this is can understand—it has to be, again, don’t want the insurance, but I cannot perfect, and I am not saying that this transparent in that way. afford it. is ideal. I am saying it offers a limited I think this is one of those areas So you had 18,000 people on the indi- option in a place in which we have very where trusting in our laboratories of vidual exchanges, and 15,000 people few affordable options to turn to. democracy, which are our States, to chose to pay the individual mandate Another reason these shorter term tailor plans that fit a State well should penalty rather than buy the insurance. plans are helpful for us and why I have not be an action that we here in the That is because, if an Alaskan does not heard from so many Alaskans on this is Senate are so unwilling to take. get the subsidy—and a pretty heavy that we are a State in which our em- As we look to how we do more in this subsidy—the exchange plans just aren’t ployment base is very, very seasonal. Congress and how we do more to help affordable. Even though you want to You have a construction industry, those for whom healthcare—the cost of have that coverage—you want that in- but it is not like it is back here. Con- healthcare and access to healthcare—is surance—wanting it doesn’t necessarily struction is, maybe, 6 months out of still their No. 1 issue, still the No. 1 get it to you if you cannot afford it. the year—longer in some parts of the subject of discussion, I have come to The average premium for plan year State and shorter in other parts of the speak on this particular issue today be- 2018—this is according to CMS data—is State. Yet you have a seasonal job. cause there are maybe 25,000 people in $804 per month. What am I getting Our fishing industry is a great exam- my State who could see some benefit from constituents, from folks who are ple. If you are working in the proc- from these types of plans being avail- writing in to me and calling me? They essing end of fishing, it may be 3 able and also because I believe that are telling me what they are paying for months. If you are working as a trusting the regulators, certainly in 1 my State, to handle the plans intel- their plans. For a family of four, the crabber, it may be 2 ⁄2 months. If you premium was over $2,000 a month, with are working on a tender up in Bristol ligently is an important part of how we a $7,500 deductible. Think about what Bay, it may be a very truncated 2 move forward as well. I wanted to put that on the record that actually means for this family, for months. today following the discussion from folks with those kinds of bills, who, ba- Then we have the tourist season. earlier this morning and the vote at sically, only have catastrophic cov- Again, we would like to think that we noon. erage, as it is. Again, you think about can entice you all to come up year the number of folks on the individual round, but quite honestly, it too is CONFIRMATION OF BRETT KAVANAUGH exchanges, and you think about those very, very seasonal. So we need to have Mr. President, I want to transition really quickly and just take a minute who choose not to pay the fines. You some level of flexibility for those because last week, as we all know, was look at the numbers of those who re- many, many Alaskans who move be- a very difficult time in the Senate as ceive the subsidies in the State of Alas- tween many of these seasonal employ- we processed the nomination of Judge ka, which is quite considerable. ment opportunities. We also have about 10,000 or so Alas- Under the prior rule, a short-term in- Kavanaugh to serve on the U.S. Su- kans—this is according to the State di- surance plan could only last for 3 preme Court. That vote has concluded. Judge vision of insurance—who have enrolled months. That is not going to help out, Kavanaugh is now Justice Kavanaugh, in healthcare sharing ministries. This say, those in the fishing or in the tour- and I truly wish him all the best as he is yet another option for people out ism industry or, again, in so many of begins his new term on the highest there. A significant number has turned these areas in which you need longer Court in the land. But there is a res- term coverage but you don’t need a full to these healthcare sharing ministries, idue—I don’t know if it is a residue. I year. So flexibility is something that and these folks have managed to avoid don’t know how we make sure we are people have been asking for as well. the penalty in prior years. In fairness, able to move forward after difficult Where that sweet spot is, I am not some of the ministry plans do not pro- votes that divide us all and work to sure. I am telling you that, for us, 3 vide much in the way of coverage, but come back together. it is an indicator of what people feel months doesn’t make it. Maybe 3 years I am going to speak very directly they have to do in the face of just very, is too long. Maybe we do need to look about my friend who sits right here very high-cost plans. at that. I happen to think that we do, next to me on the Senate floor. She I understand where those who oppose but that is an area that is open for re- and I went through, probably, a similar this rule are coming from, and I have view. deliberative process. It was probably had good, long conversations about The last point I would make is that I the same as everybody else here on the this. I guess I would ask that they turn think we have to have some trust in floor, but we perhaps shared more dis- to the realities that we are facing in a both our States as regulators and in in- cussion about it than I did with other State like Alaska and just appreciate dividuals, the consumers. The rule that colleagues. At the end of the day, we where people are coming from when we were speaking about this morning came down on different sides, but both you think about the 15,000 Alaskans really does allow States to have a great of us—both of us—agonized over the de- who have chosen not to buy insurance deal of leeway in regulating at the cision and the process. over these past few years because it local level. We are seeing that among She is now enduring an active cam- has been too expensive, but they want many of the States. I had a long con- paign against her. It is not just an ac- to have something they can afford. versation with our director of insur- tive campaign against her, but there These short-term plans, while not ance up in the State of Alaska. We are protests at her home every week- ideal—I am not suggesting that they talked about where our State might end, and she cannot travel without a are—are an option for them to con- take this and looked again at, perhaps, police escort. sider. the length of these short-term, limited I made comments as I prepared for What about the people who don’t get duration plans and how they might be the final vote last week. I said: We are subsidies and are paying over $50,000 regulated. better than this. We have to set the ex- per year before their insurance covers Also, there is the transparency side ample here. anything? That too is a situation in of this, and this is something that con- I am really touched that after I had which they are looking for alter- cerns me. Some of the things we have taken a hard vote within my caucus,

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.022 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6751 there are some who are notably angry Just during these last few days, the flood control, navigation, and eco- at me. But we are working together on United Nations put out an alert to all system restoration projects around the the next issue of the day, and we are of the members around the world. We country. These are critical projects in moving forward. We need to set that are going to pay dearly for this current every State. example in this body because if we administration’s decision to remove I just went down a few weeks ago don’t set it here, I don’t know how we ourselves from the Paris Agreement, with Senator MCCONNELL to the Ohio can expect anyone on the outside to where literally every country on Earth River. The Olmsted Locks and Dam follow us. agreed to try to do something to clean that has been under construction for There is a need for civility. It is a up the mess of our environment and decades is finally completed. It is an hard time for us, but I would urge us leave our children a better place to amazing investment. It is the most ex- all to choose our words carefully. Don’t live. We decided, under President pensive civil infrastructure project in be afraid to speak with kindness to- Trump, to be the only Nation to step our Nation’s history, and it is an indi- ward one another. Don’t be afraid to away from it. Why? What in the world cation of the kind of investment that is call out the good in somebody else, were we thinking? Can you believe that necessary if we are going to try to even though you have voted against things that are happening that are eas- tame rivers like the Ohio River. them. We are better than what we are ily documented can be ignored? Do you There are critical projects like that seeing right now. see the flooding that is going on now in in every State. They improve our in- I am smiling only because I feel I Florida on a regular basis? That is just land waterways to help deliver $600 should recommend that my colleagues 1 of 1,000 different examples. million in goods and 60 percent of our watch a movie, a documentary. I don’t If we don’t accept responsibility in grain imports each year. do that often, but after the vote on our generation to make this a better If we want the United States to lit- Saturday, I just, by chance, picked up world, shame on us. We want to leave erally lead the world—if we want a DVD that had been sent to me. It is our kids a better world, but for good- America first—for goodness’ sake, we a documentary about the life and ca- ness’ sake, do we have the political need to be first in investing in our in- reer of Fred Rogers—Mister Rogers— courage to do it? Will we be able to say frastructure. These projects maintain ‘‘Won’t You Be My Neighbor?’’ I fig- to the President: You are just wrong. levees and build reservoirs that protect ured I needed something kind of We have to work together with na- millions of people and an estimated $1.3 calming for the night. tions around the world. The United trillion in property, and they protect It is OK to be good to one another. It States should be a leader, not an apolo- the environment, they restore wet- is OK to accept people for who they gist. The President said he wants to lands, and they prevent the spread of are. It is OK to just find the good. make America first. How about Amer- invasive species. With that, Mr. President, I thank you ica first when it comes to cleaning up I am especially proud that this bill for allowing me to speak a little bit the environment? There is nothing includes an important cost share from the heart. I would ask us to be wrong with that leadership. It is some- change for the future operations and civil with one another now, not civil thing we should be proud of. maintenance costs at the Brandon when the next election comes. This man, Jeffrey Clark, who is as- Road Lock and Dam in my State of Il- I yield the floor. piring to be the Assistant Attorney linois. I worked with Senator TAMMY I suggest the absence of a quorum. General, just doesn’t buy into what I The PRESIDING OFFICER (Mr. DUCKWORTH on this project. just said, and I can’t support him as a The Brandon Road project is integral TOOMEY). The clerk will call the roll. The bill clerk proceeded to call the result. to ensuring that invasive Asian carp roll. S. 3021 never spread to the Great Lakes. Mr. DURBIN. Mr. President, I ask Mr. President, the 2018 WRDA bill— Knock on wood. We have held up that unanimous consent that the order for the Water Resources Development carp from going into the Great Lakes the quorum call be rescinded. Act—that we are considering on the and, in doing so, we have preserved an The PRESIDING OFFICER. Without floor this week is an important step in important part of the fisheries and the objection, it is so ordered. modernizing our Nation’s water infra- lake itself. I want to continue those ef- Mr. DURBIN. Mr. President, I will structure and ensuring access to clean forts, if not redouble them. oppose the pending nomination of Jef- drinking water. It goes back to my ear- While I am proud to support passage frey Clark to be the Assistant Attorney lier comment. If we are talking about of this authorizing bill, I also implore General in charge of the Justice De- the environment, one of the first my colleagues to remember that unless partment’s Environment and Natural things people say is, I want safe drink- we are willing to work together—Re- Resources Division. This is the division ing water for myself and my family. publicans and Democrats—to provide that leads the Department of Justice’s Next to that, I want to be able to these authorized projects with con- enforcement of environmental laws and breathe in air that is not going to sistent and increased appropriations regulations. Mr. Clark is not the right make me sick or hurt any member of each year, then we are sending out person for that job. my family. press releases and not even getting the In 2014, he said the science of climate Our Nation’s infrastructure is aging job half done. change is ‘‘contestable.’’ He rep- and in need of significant investment. Let me say it another way: It is not resented British Petroleum in litiga- Last year, the American Society of enough to go home and take credit for tion over the Deepwater Horizon explo- Civil Engineers gave our Nation’s lev- passing the WRDA bill, which is an au- sion and oil spill. He has represented ees, inland waterways, and drinking thorization bill, if you aren’t also will- the Chamber of Commerce and other water infrastructure a D rating in ing to pass an appropriations bill that industry groups in challenging EPA terms of its infrastructure report card. actually provides the money to break greenhouse gas regulations. They estimate that $80 billion is need- ground on these projects. An authoriza- He is a favorite of the Federalist So- ed over the next decade to improve our tion bill is just that: It gives you per- ciety, having chaired that group’s envi- Nation’s levees—$80 billion. They also mission to do a project, but then you ronmental law and practice group. But estimate that $4.9 billion is needed over need to go to the spending bill—the ap- his nomination is strongly opposed by the next 2 years to maintain our inland propriations bill—to come up with the groups that care about protecting the waterways—$4.9 billion—and $1 trillion money to actually achieve it. environment. is needed over the next 25 years to ex- Listen to this number. I want to The Sierra Club called him an ‘‘out- pand our drinking water infrastruc- make this part of the record as we de- spoken opponent of environmental and ture. These are massive numbers, and bate water resources and infrastruc- public health protection.’’ The Natural they are going to require sustained and ture. An analysis by the Roll Call Resources Defense Council described significant Federal investment if we newspaper from earlier this year found him as an ‘‘enemy of the environ- are ever going to reach these goals. that while Congress has authorized ment.’’ He is exactly the wrong person This bill—the WRDA bill—is a step in more than $25 billion toward Army to be in this job of enforcing regula- the right direction. It authorizes $6.1 Corps projects in the last decade—$25 tions to protect our environment. billion in funding for the Army Corps billion in the last decade—Congress has

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.023 S10OCPT1 S6752 CONGRESSIONAL RECORD — SENATE October 10, 2018 only appropriated $689 million. So $25 State of Maryland—a conservative put his principles over practical poli- billion authorized, $689 million appro- Democratic Senator. His grandfather tics. It may have cost him an election, priated. What percentage of money was one of our first Ambassadors to the but he did what he thought was right. have we actually come up with to fin- Soviet Union. His paternal grandfather I can tell you that we are all proud of ish these projects? We have come up married Marjorie Merriweather Post, his service to the people of Maryland with only $689 million out of $25 bil- who built Mar-a-Lago, which most of and our Nation. lion—2.7 percent. us know is in Palm Beach. He came Mr. President, we will miss this man, We send out all of these press re- from a family of great privilege. Yet he who was determined to help bend the leases congratulating ourselves about was known in Maryland as a person of arc of the moral universe toward jus- projects that are never going to hap- the people, representing the people of tice as fast as possible. pen. We send out the releases and say: our State. Joe Tydings was born as Joseph Da- This is going to be great for future gen- His first elected office was president vies Cheesborough in Asheville, NC, on erations. We are not doing it. We are of the Young Democrats of Maryland. May 4, 1928, to Eleanor Davies of Wa- not investing in America. From there, he became a member of tertown, WI, and Tom Cheesborough of Slow and inconsistent Federal fund- the Maryland House of Delegates, Asheville. Tydings’ sister, Eleanor ing for these projects results in years where he fought the establishment, Cheesborough, was born in 1932. In 1935, of added delay and millions in added took on the network in Annapolis, and his parents divorced, and his mother costs. Instead of funding new projects, investigated the savings and loan situ- married Millard Tydings, who was then we have to spend more on ongoing ation in our State. He really shined a serving his second of four terms as one projects because Congress just doesn’t lot of light on what was happening in of Maryland’s U.S. Senators. Several get its act together—Democrats and abuses in that industry. years later, Millard Tydings formally Republicans. He was chosen by then-Senator Ken- adopted Joe and his sister, Eleanor. I am proud of the work of the Appro- nedy to head up his campaign for Presi- Joe Tydings’ illustrious family in- priations Committee on which I have dent. Joe Tydings handled his cam- cluded his namesake grandfather, Jo- been honored to serve. Both sides of paign in Maryland for President and seph Davies, an early adviser to Wood- the aisle do work to get their job done helped in other primaries around the row Wilson, who later was appointed by in record time and ensure the Corps Nation, leading to President Kennedy’s President Franklin D. Roosevelt as has stable funding for the next fiscal election as President of the United America’s second Ambassador to the year, but this year’s appropriations States. Soviet Union. While Joe was still a President Kennedy asked him to process should not be unusual. boy, his maternal grandfather married Unless we as a Congress commit serve as the U.S. attorney for Mary- one of the richest women in America, every year to getting our budget work land, and Senator Tydings served as Marjorie Merriweather Post, who the U.S. attorney. He was known for done and appropriating these Federal owned homes in New York City and his independence at the U.S. Attor- dollars, we will never get ahead on in- Long Island, the Hillwood Estate here ney’s Office. He pursued white collar vesting in our infrastructure. Our com- in Washington, DC, the Topridge Great crime and political corruption. He in- petitors like China and others around Camp in the Adirondacks, and built dicted and convicted a former Member the world are making massive invest- Mar-a-Lago in Palm Beach. Joe sailed of the House of Representatives, as ments in infrastructure not just in home from Europe aboard the Sea well as the speaker of the Maryland their own country but in other coun- Cloud, Post’s luxurious 322-foot, four- House of Delegates. He recruited young tries that are teaming up with them, masted barque, the largest privately talent to his office in the U.S. Attor- with an economic vision for the future. owned sea-going yacht in the world at ney’s Office, including Ben Civiletti, What is our goal? What are we trying the time. who went on to become the Attorney to achieve right here in the United Joe Tydings attended public schools General of the United States, and Ste- States, and how are we working to in Aberdeen, MD, before entering the phen Sachs, who continued to become build our economy and create good- McDonough School in Baltimore Coun- the attorney general for the State of paying jobs for the future? ty as a military cadet in 1938. After he Maryland. graduated, he enlisted in the U.S. Our Nation’s water infrastructure is In 1964 he ran and was elected to the Army in 1946 and served in one of the in need of significant investment. The U.S. Senate. He worked on progressive Army’s last horse platoons as part of good bill we are considering today is causes, including the Voting Rights the postwar occupation of Germany. just a step in the right direction, but Act, which he helped to get enacted an authorization bill without appro- under President Johnson, and also gun When he returned to the United States priation is just an empty press release. safety legislation. in 1948, he entered the University of I hope we can work together to en- After leaving the Senate after one Maryland, where he played lacrosse sure funding gets appropriated each term, he continued to be extremely ac- and football and was student body year to actually complete these impor- tive in our community. He was best president and then earned his law de- tant projects. known, I believe, for his work at the gree at the University of Maryland I yield the floor. University of Maryland. He served Law School in 1953. I suggest the absence of a quorum. three terms on the board of regents of Joe Tydings was surrounded by tre- The PRESIDING OFFICER. The the University of Maryland system, mendous wealth and prestige and polit- clerk will call the roll. giving back to the school where he ical power while he was growing up. The bill clerk proceeded to call the graduated from both undergraduate The obituary that appeared in the Bal- roll. and law school, and he was known as timore Sun notes that, despite the fact Mr. CARDIN. Mr. President, I ask one of the most aggressive people in that Joe was born into a life of privi- unanimous consent that the order for the reform of our University of Mary- lege, he was a frugal person and quotes the quorum call be rescinded. land System and also in the independ- his daughter, Mary Tydings, as saying, The PRESIDING OFFICER (Mr. ence of the university hospital. ‘‘He was a man of the people despite GARDNER). Without objection, it is so On a personal note, let me tell you how he grew up.’’ His adoptive father ordered. that he helped with my election to the was also a Democrat but opposed some REMEMBERING JOSEPH D. TYDINGS U.S. Senate 12 years ago and gave me a of the New Deal legislation because he Mr. CARDIN. Mr. President, I regret great deal of support and friendship was a fiscal conservative. Joe, on the to inform our colleagues of the death of and was an adviser and role model for other hand, was a progressive from the Joe Tydings, who died on Monday, suc- me. I remember his being here when I get-go and attributed his Wisconsin- cumbing to cancer at the age of 90. took the oath of office as a Senator, born mother as the influence, but it is Senator Tydings was one of the most walking me down the aisle. I had a clear that his father, who was known outspoken progressive Democrats in great deal of pride that he was with for taking principled, if often con- this body. me. troversial, stands on many issues, also He was born to privilege. His father He is going to be missed by all of us— shaped Joe’s approach to politics and was a Democratic Senator from the just an incredible person, a person who to life.

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.026 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6753 As I said earlier, Joe Tydings started well luncheon with colleagues to pre- over Vietnam. Vice President Spiro his political career by serving as presi- pare for his Senate run, he learned that Agnew, who had been Governor of dent of the Maryland Young Demo- President Kennedy had been assas- Maryland, called Joe a ‘‘radical.’’ Joe crats. While he was president, he con- sinated in Dallas. Joe ran as a reformer narrowly lost his reelection bid to fronted a hotel owner in Ocean City and had to win a primary against the John Glenn Beall, Jr., the son of the who refused to let Black members of State’s beloved comptroller, Louis L. man he had defeated in 1964, 51 percent the organization stay at the hotel for Goldstein. Joe, whose campaign slogan to 48 percent. an event being held there. In 1954, Joe was ‘‘Working for Maryland, Not the I mentioned that Joe was an avid was elected to represent Harford Coun- Machine,’’ energized reformers within outdoorsman. He was also a great ty in the Maryland House of Delegates. the State party, attracted an army of horseman. One of the many causes to Once there, it was clear that he was volunteers, and won. It was Louis Gold- which he dedicated his energies after willing to fight established powers. He stein’s only loss during six decades in he returned to private life was the pro- started with the State’s savings and public office. Joe then went on to de- tection of Tennessee Walking Horses loan, S&L, associations following a feat the incumbent Republican Sen- from the inhumane practice of banking scandal. In ‘‘My Life in Pro- ator, James Glenn Beall, Sr., in the ‘‘soring.’’ He sought vigorous imple- gressive Politics: Against the Grain,’’ general election. mentation of the Horse Protection Act an autobiography cowritten by former As a Senator, Joe Tydings backed the of 1970, which he had authored while Baltimore Sun reporter John W. Frece Voting Rights Act of 1965 and the Fair still in the Senate, and was honored by published earlier this year, Joe re- Housing Act of 1968. He supported con- the U.S. Humane Society for his ef- flected, ‘‘I was appalled no one was troversial decisions of the Warren forts. doing anything about it.’’ The reason, Court, including the one-man, one-vote After Joe left the Senate, he kept his he argued, was that many too many requirement for apportionment of hand in Maryland politics, supporting Maryland politicians were profiting State legislatures; the prohibition of various reform candidates and pushing from the schemes that led to the scan- prayer in public schools; and the guar- for legislation to protect his beloved dal. antee of the rights of defendants to re- Chesapeake Bay. He went on to serve While Joe Tydings had a famous last main silent and to be represented by as a member and later as chairman of name in Maryland political circles, it counsel. He was an early advocate for the board of regents of his alma mater, was his early and enthusiastic associa- family planning and worried all his life the University of Maryland. He was ap- tion with Senator John F. Kennedy about the detrimental health and envi- pointed to three separate terms on the that pushed Joe onto the national ronmental effects of worldwide over- regents by three different Governors in stage. In 1960, Joe directed Kennedy’s population. He reached across the aisle three different decades. In 1977, Joe Presidential campaign in Maryland and to get things done, working with Re- called for the board of regents of the then helped out in other primaries, at publican colleagues such as then-Rep- University of Maryland to divest its the party convention in Los Angeles, resentative George H.W. Bush. He regu- endowment from companies doing busi- and throughout the fall election. After larly decried the lack of bipartisanship ness with the apartheid regime in Kennedy won, Tydings was offered a in the Congress today. South Africa. In September 2008, then- post in the new administration, and he Like many of his congressional peers, Maryland Governor Martin O’Malley asked to be appointed U.S. attorney for Joe Tydings came to office supporting appointed Joe to the board of the Uni- Maryland. The Maryland Democratic American involvement in Vietnam, but versity of Maryland Medical System. Party establishment was wary of the as the war escalated, deaths mounted, Joe Tydings was indefatigable. He young reformer; nearly every Demo- and protests spread throughout the built a national and international ca- cratic Congressman in the State op- country, Tydings finally broke with reer in law, offering his legal services posed his appointment. President Ken- President Lyndon B. Johnson and came pro bono in cases challenging the death nedy questioned his brother, Attorney out against the war. penalty. As the Baltimore Sun obit- General Robert F. Kennedy about the Although Joe was ranked 100th in se- uary noted, ‘‘At an age when his peers opposition, saying ‘‘how can I appoint niority when he arrived in the Senate, were considering retirement, Sen. him with all these people opposed to he authored legislation to make long Tydings worked as an attorney with him.’’ Robert Kennedy replied, ‘‘That’s overdue improvements to the Federal the Washington law firm Blank Rome exactly why you are going to appoint court system, many of which are still LLP. ‘He didn’t need to be here for the him.’’ in place today. He helped to create the last 20 years of his life,’ said Jim Kelly, As U.S. attorney, Joe Tydings assem- system of Federal magistrates to light- chairman of Blank Rome’s Washington bled a staff of neophyte trial attorneys en the workload of Federal judges; im- office. But Sen. Tydings chose to con- that included a future Attorney Gen- proved jury selection so that Federal tinue to work toward causes he deemed eral of the United States, Benjamin R. juries more fairly represent the make- important. ‘It sounds a little trite, but Civiletti, and a future Attorney Gen- up of their communities; and worked to he really was committed to basic no- eral of Maryland, Stephen H. Sachs, keep unfit, unqualified, or mentally or tions of justice and fairness,’ Kelly and many other lawyers who would be- physically incapacitated judges off the said. ‘He was not afraid to wear that on come judges and successful attorneys bench. Joe became an ‘‘enemy’’ of his sleeve, and he was not afraid to with prominent law firms. He worked President Richard M. Nixon by helping stand up and be counted.’ ’’ hard to establish the nonpartisan rep- to defeat two of the President’s Su- When I was sworn in as U.S. Senator utation of the U.S. attorney’s office in preme Court nominees, Clement F. for the first time in the 110th Congress, Maryland and build a modern Federal Haynsworth, Jr., and G. Harrold I was honored to have Joe Tydings join prosecution force that has effectively Carswell. Senators Paul Sarbanes and Barbara targeted political corruption in Mary- Joe Tydings was an avid outdoors- Mikulski and escort me to the well to land up to the present day. Joe success- man and hunter, but supported sensible take the oath of office. One of his polit- fully prosecuted Representative Thom- gun safety laws, including the Fire- ical slogans was ‘‘Joe Tydings doesn’t as Johnson, a fellow Democrat, for re- arms Registration and Licensing Act, duck the tough ones.’’ So true. Joe’s ceiving illegal gratuities. He success- which earned him the enmity of the life of service serves as an example to fully prosecuted Maryland House gun lobby and the National Rifle Asso- so many people, including me, particu- Speaker A. Gordon Boone, another ciation. larly in these difficult times. Former Democrat, for mail fraud connected By the time he stood for reelection in Vice President Joe Biden wrote in the with the S&L scandal. 1970, Joe later admitted, he had prob- forward to ‘‘My Life in Progressive In 1963, President Kennedy visited ably supported one liberal position too Politics: Against the Grain,’’ ‘‘In read- Oakington, the Tydings’ 550-acre estate many. The country had changed, and ing this memoir, you can’t miss the sa- along the Chesapeake Bay in Harford Joe’s progressive outlook had been sup- lient parallels to challenges facing our County, to urge Joe to run for the Sen- planted by the backlash to new civil nation today. The issues on which Joe ate, which he agreed to do. On the No- rights laws, fear over race riots in staked his Senate career a half-century vember day that Tydings held his fare- American cities, and a deep division ago are the same ones that still require

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.032 S10OCPT1 S6754 CONGRESSIONAL RECORD — SENATE October 10, 2018 our advocacy and attention. Protecting is a cornerstone of our economy, with Sound and helps us with our salmon re- voting rights. Safeguarding our envi- $95 billion in exports and $92 billion in covery efforts. For the last 18 years, ronment. Pushing back against the imports each year. the Puget Sound Adjacent Waters Res- forces of inequality that are hollowing The fact that this legislation helps us toration Program has focused on pro- out the middle class. Standing up for on important maintenance and oper- tecting and restoring habitat within common-sense gun safety laws.’’ ations for both large and small ports the Puget Sound Basin. In the Gospel of Luke, there is the and for locks, dams, and waterways is Using this program, the Army Corps saying, ‘‘Every one to whom much is so important to our future. It also was able to work with places like the given, of him will much be required; helps us with the important alliance city of Burien to remove a seawall on and of him to whom men commit much that Seattle and Tacoma formed to- the Seahurst Park shoreline. Now that they will demand the more,’’ Luke gether to help our marine cargo oper- shoreline is a habitat for endangered 12:48. Joe Tydings was given much; he ations at the ports, which generate $4.3 salmon and the home to bald eagles gave back more. billion in economic activity and on and osprey, and it is attracting visitors I know my Senate colleagues will which 48,000 jobs are dependent. to the park. want to join me in sending our condo- What happened is that as the world The Army Corps was also able to use lences to Joe Tydings’ family: his sis- market changed and large container- the program to work with the Tulalip ter, Eleanor Tydings Russell of ships could double in size the amount Tribe to restore critical habit along Monkton, MD; his four children from of products they were shipping, it was the Snohomish River. That was lost in his first marriage, Mary Tydings Smith so important for our west coast ports the early 20th century. The estuary of Easton, MD, Millard Tydings of to be competitive and to be able to now provides access to spawning, Skillman, NJ, Emlen Tydings Gaudino serve these large ships. These rearing, and feeding areas for salmon. of Palm Beach, Australia, and Eleanor megaships, which are twice the length Puget Sound—the second largest es- Tydings Gollob of McLean, VA; and Al- of the space needle and wider than a tuary in the United States—is home to exandra Tydings Luzzatto of Wash- football field, carry twice the number thousands of species that this bill will ington, DC, the daughter of his second of containers compared to ships that also help. Over a dozen of these species marriage. He is also survived by nine typically call on west coast ports and are listed as endangered or threatened, grandchildren: Benjamin Tydings need deeper waterways. and our helping by making these im- Smith, Jill Campbell Gollob, Sam To maintain a top-grade lane provements to clean up Puget Sound Tydings Gollob, Margaret Campbell through the Pacific Northwest and to and restore habitat is so important to the viability of the Pacific Northwest. Tydings, Jay Davies Gollob, William compete with the Canadian ports, the The bill increases funding for the Davies Tydings, Ruby Anne Luzzatto, Ports of Seattle and Tacoma have to Puget Sound Adjacent Waters Restora- deepen their ports and make the navi- Emerson Almeida Luzzatto, and Maeve tion Program from $40 million to $60 gational changes to address the large Chaim Luzzatto. million and the per-project funding I suggest the absence of a quorum. container ships. from $5 million to $10 million. The PRESIDING OFFICER. The The Army Corps and the Northwest These are just expanded numbers, but clerk will call the roll. Seaport Alliance teamed up with the they mean everything to meet the The bill clerk proceeded to call the Seattle Harbor Navigational Improve- goals of the projects around Puget roll. ment Project study, the Tacoma Har- Sound. We are returning to Puget Ms. CANTWELL. Mr. President, I ask bor Navigational Improvement Project Sound waterways that are unblocked unanimous consent that the order for study, and many other partners to and providing cleaner habitat for salm- the quorum call be rescinded. make sure we were making the right on—for threatened juvenile salmon— The PRESIDING OFFICER. Without investments. and opportunities in areas like Spencer objection, it is so ordered. In this legislation, the Ports of Se- Island in the Snohomish River estuary S. 3021 attle and Tacoma are big economic near Everett, WA. Ms. CANTWELL. Mr. President, I winners. They are economic winners Another project will restore tidal rise today to thank my colleagues for because we are authorizing over $29 flows and create open coastline inlets passing America’s Water Infrastructure million to deepen the East and West at the creek originating near Joint Act of 2018 and to discuss the impor- Waterways in the Port of Seattle to 57 Base Lewis-McChord, in South Puget tance of it to the State of Washington. feet. When the project is completed, Sound. This will help us to restore This legislation is going now to the the Port of Seattle will be the deepest spawning habitats for forage fish, sup- President’s desk, and it is very needed in the country. It will allow us to serve port salmon recovery, and improve to help make our ports more competi- those megaships. Instead of having just those shoreline conditions that are so tive, to protect thousands of jobs, and 1,000 to 12,000 cargo containers, it will important. to help protect our salmon habitat in be 18,000 cargo containers or more. We These projects are an example of the the State of Washington. are expecting to complete a feasibility diversity that our region uses when it This legislation means the ports of study at the Port of Tacoma, which is helps our ecosystem, known as Puget Seattle and Tacoma will be able to currently at 51 feet. Sound, and in helping salmon recovery. deepen their harbors to allow them to These two projects are going to help This legislation also helps in making meet the much larger cargo demands us continue to build the reputation of sure those who make great improve- to compete with other ports on the the Ports of Seattle and Tacoma, mov- ments to water infrastructure, particu- west coast, specifically in Canada. ing our products throughout the United larly our hydrosystems, get rewarded This legislation also improves the States to Asia quickly and reliably and for doing that and ensures that they critical habitat for salmon and water- reaching critical markets. don’t wait or hesitate to get that done. ways like the Puget Sound and the Co- We don’t want our shippers to have This legislation provides an early ac- lumbia River, and it also helps utilities to pay more because we haven’t made tion provision for licensees on make commonsense investments for these infrastructure investments. Mov- hydrosystems to make improvements the future and helps to protect our ing freight is what we do. and makes sure they will be recognized ratepayers and the environment. This bill is about making it in our later. This provision would remove an I am proud to have worked on this waterways as well. Deepening the wa- impediment, and it encourages people legislation with our colleagues because terways in the Ports in Seattle and Ta- to take corrective action sooner rather we need to keep moving forward on in- coma will ensure they can compete than later. vestments that help make our region with Canadian ports. It will help us to That is good for our environment, competitive. continue to grow our jobs in the mari- and it is good for taxpayers and helps Our ports are essential to our eco- time sector, and it will help us to con- us save on energy. Most importantly, it nomic growth in the Northwest. I al- tinue to be a gateway from North does not take away any regulatory ways say ‘‘ports are us’’ because we America to Asia and around the world. oversight from the agency but simply have so many along the Columbia This legislation also helps us in re- rewards people earlier for doing the River and on the west coast, and trade storing waters adjacent to Puget right thing.

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.034 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6755 I know that Chelan PUD is a good ex- This also provides States and com- one more time. No one stood stronger ample of this and will take advantage munities with additional financial re- with me and Senator PETERS in trying of this as they plan to rehabilitate sources to make investments in their to help the people in Flint, and I great- units at Rock Island hydro project—a economies for the future, and it also ly appreciate her help, support, and ad- significant investment of over $500 mil- helps to right wrongs from the past. vocacy. lion. This area needs to have these up- I am pleased that the bill also deliv- HEALTHCARE grades, and this provision will help ers on an 80-year-old promise from the Mr. President, in addition to praising them get them done sooner. Army Corps to complete the Tribal Vil- the water resources bill, which was a In this legislation, we are also help- lage Development Plan for four Tribes great bipartisan effort—there are some ing with one of the most challenging who were displaced when the dams of wonderful wins in there for Michigan— things we see in our waterways, and the Columbia River were constructed. specifically at this moment, I want to that is protecting the physical infra- The Yakama, Nez Perce, Umatilla, and speak about my deep regret that a lit- structure and waterways in our hydro Warm Springs Tribes all signed trea- tle while ago, a very important resolu- system from invasive species. The ties with the Federal Government in tion did not get the bipartisan votes highly invasive Quagga and Zebra mus- the 1850s, and these treaties reserved necessary to pass on the Senate floor. sels have invaded our waterways in 20 the right of the Tribes to fish, hunt, That resolution, which failed, would different States. If invasive mussel and gather at ‘‘all usual and accus- have stopped the administration’s populations invade the Pacific North- tomed fishing places.’’ The Army Corps short-term plan rule, which is gutting west, it is estimated that it could cost and treaty Tribes entered into agree- comprehensive healthcare and under- our region over $500 million in annual ments on fishing access. These sites mining people with preexisting condi- costs. That would be devoting way were designed for day-to-day fishing, tions getting the healthcare they need more of our resources just to manage but out of need and the desire to be and deserve. that infestation. close to the Columbia River, they have About half the families in Michigan The Columbia Basin is the last major have someone in their family with a uninfected watershed in the United turned into permanent housing. This has resulted in very challenging and preexisting condition. It could be any- States, much of it to the credit of thing from high blood pressure, to dia- watercraft inspection stations on the unsafe living conditions along the betes, to something like cancer or Columbia River. The Columbia River river. I am so glad that my colleague whatever other illness it might be. inspection stations help inspect the Senator MURRAY and my colleagues They are in a situation now, with these boats that travel up and down the river from Oregon, Senator MERKLEY and junk plans, as we call them, where they for such invasive species, and an in- Senator WYDEN—that we have been are going to be undermined, and they spection of all watercrafts is required. able to make it crystal clear to the either won’t be able to get any health I am pleased that this bill authorizes Army Corps of Engineers that we need insurance, or it will cost much, much money specifically for the Columbia to correct this problem. This bill en- more. River inspection stations. This helps us sures that those families will get what I have often said that healthcare because, as I said, with a river that they were promised years ago. isn’t political; it is personal. It is not hasn’t seen these invasive species, the In closing, I want to thank our col- political. We all care about being able fact that we still do these inspections leagues Senator BARRASSO and Senator to get the healthcare we need for our- is critical. CARPER, as well as the leadership of the Last year, over 9,000 boats were in- House Transportation and Infrastruc- selves, our children, our moms, and our spected throughout Washington, and ture Committee, for all the hard work dads. When a family has a child born because of the funding for the Colum- on this bipartisan legislation. with a seizure disorder, they aren’t bia River, these invasive species were When it comes to our waterways, in- wondering whom their pediatrician kept out of our waters. That means frastructure investment means jobs. It voted for in the last election. When a they were kept out not just in Wash- means the continued protection of single mom of two teenagers learns she ington but in other parts of the Pacific clean water, and for us in the North- has breast cancer, she is not concerned Northwest as well. west, it means helping us preserve our about who is up in the polls and who is This legislation also continues the salmon populations. down in the polls. When a senior is great downpayment on the Drinking I am so happy that we have finally forced to make a decision between buy- Water State Revolving Fund, which taken another step to strengthen the ing the medication that helps him was created in 1997 and has helped our competitiveness of our ports in the breathe better or keeping his heat on, State—millions of dollars in annual Northwest. These are real jobs. In the he is not interested in what is hap- grants. This is so important. As we saw future—near future—with this deep- pening on Twitter. with the many problems in Flint, MI, ening, we will be able to serve larger Healthcare isn’t political—not to any and other places, many of our col- cargo container ships, which will help person I represent or to me or my own leagues know that this Drinking Water us keep our competitiveness in moving family; it is personal, and it affects State Revolving Fund is necessary for product. every one of our families, whether we us to keep clean water in the United While we move about $77 billion are Democrats, Republicans, urban, States. worth of products in Washington, we rural, red States, and blue States. I These funds helped the city of move much more than that from all wish we could come together and work Lynden replace its 1926 surface water States of the United States, moving on ways to provide more healthcare treatment plant and ensured a reliable through our ports. So while it sounds and reduce costs based on that water supply to the Lynden commu- like an investment in two very large premise—that it is personal, not polit- nity and surrounding area. The funds port infrastructures on the west coast, ical. also helped the city of Prosser make I guarantee you that it affects many When people tell me their healthcare improvements to its aging water sys- Midwestern States and many products stories, I can assure you that they tem to ensure that communities have and the ability to cost-effectively ship don’t start with their political affili- access to a clean water supply. At the to other parts of the world. ation because it doesn’t matter; they end of this week, the city of Kelso will I yield the floor. simply want to know that the be celebrating the completion of the The PRESIDING OFFICER. The Sen- healthcare they depend on for them- Minor Road Reservoir, which replaced ator from Michigan. selves and their families will be there. two aging reservoirs that were leaking Ms. STABENOW. Mr. President, be- That is why I am so concerned about and that would have failed in the event fore my friend from Washington State the short-term, limited-duration insur- of a natural disaster in the area. The leaves, I want to thank her for her ad- ance plans, which we are calling junk city was able to complete the project vocacy on water infrastructure, and I plans because that is what they are. with the help of the Drinking Water agree with her that this is a great bi- They may be cheap, but they don’t State Revolving Fund, and I am so glad partisan bill. The distinguished Sen- cover much, if anything, and you don’t that is going to help secure more re- ator from Washington State mentioned know until you get sick. Many of them sources for that part of our State. Flint, MI, and I just want to thank her are medically underwritten, meaning

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.034 S10OCPT1 S6756 CONGRESSIONAL RECORD — SENATE October 10, 2018 that insurance companies can charge sured Sam that as long as he didn’t most precious—our families and our whatever they like based on the appli- have a diagnosis, he would be wasting health. Unfortunately, because of the cant’s health, their gender, their age, his money if he bought anything other administration’s actions, we are seeing their health status. than a short-term insurance plan. Sam tremendous rollbacks that are putting Remember when being a woman was took her advice, thinking he was sign- more and more power back into the considered a preexisting condition? I ing up for a quality health insurance hands of insurance companies that are certainly do. These plans are coming plan that would meet his needs. making their decisions based on what back. They are coming back through Fast-forward to 2017 when at age 28 is best for their profits, not what is these junk plans. One recent study Sam was diagnosed with stage IV non- best for families. found that none of the plans cover ma- Hodgkin’s lymphoma. What he thought I am very disappointed that we ternity care. As a member of the Fi- was simply back pain turned out to be weren’t able to stop that today, but I nance Committee, I led the fight to an aggressive form of blood cancer. am going to continue to try, as are my cover maternity care and birth control After 6 months of chemotherapy and Democratic colleagues. We are com- services and other preventive services radiation, Sam’s cancer was in remis- mitted to doing everything we can to for women. That is pretty basic for the sion; however, his doctors told him ensure that people in the greatest women of this country. And if, as a that a bone marrow transplant was his country in the world know they can man, you think you didn’t need it, only hope for a long-term cure. have affordable healthcare coverage well, just ask your mom whether she Then Sam heard from his insurance that actually covers their healthcare did. company. They refused to pay for any needs. On top of that, these plans can ex- of his treatment—any of his treat- Thank you. clude people with preexisting condi- ment—even though he had insurance, I yield the floor. tions or impose yearly or lifetime caps including the bone marrow transplant, The PRESIDING OFFICER. The Sen- ator from Michigan. on care. As I indicated, it is estimated because they claimed the cancer was a Mr. PETERS. Mr. President, the that half of Michigan families include preexisting condition even though his topic of healthcare affordability should broker had told him that was not the someone with a preexisting condition— unite us as a common cause. We all case. Sam appealed this decision and everything from diabetes, to asthma, need healthcare, whether young or old endured nine additional rounds of to arthritis, to cancer. Under the Af- or male or female, rich or poor. fordable Care Act, we didn’t have to chemotherapy to keep his cancer in re- Not one of us will go through life worry about people with preexisting mission. After months of waiting— without experiencing a major health conditions being covered—until it months of waiting—his appeal was de- concern. Even if we have a clean bill of began to be undermined through these nied. health today, we all face the prospect new administrative rules put forward Sam was left with no health insur- of accidents, illnesses, and the inherent by the administration. ance, no way to pay for a lifesaving universal health challenges of aging. Louisa is a beautiful little Michigan bone marrow transplant and about The Affordable Care Act is not per- girl who was born with half a heart. I $800,000 in medical bills, even though fect, but it has moved us toward a was so fortunate to meet her and her he had bought an insurance policy. shared goal of making healthcare more parents earlier this year. Louisa didn’t Sam eventually was able to buy some affordable for everyone. Most signifi- ask for half a heart. She and her par- real health insurance—the kind that cantly, the Affordable Care Act pre- ents didn’t do anything to cause it. covers you when you get sick—and get vents insurers from denying coverage Louisa didn’t have a choice. She needs the bone marrow transplant he needed. or increasing premiums because of a comprehensive health insurance. He is healthy again, thank goodness, preexisting condition. This critical Unfortunately, that kind of insur- but his finances aren’t. protection has been widely and wildly ance is getting less and less affordable. In his words: ‘‘Instead of planning a popular, and rightly so. If you don’t Thanks to short-term plans and other life together with my girlfriend and a have a preexisting condition, you prob- health insurance changes, comprehen- future for my business, I am kept up at ably have a family member who does. sive health insurance will cost over 12 night worrying about staying afloat, The Affordable Care Act also requires percent more next year in Michigan how to pay the next bill, how to avoid plans to cover a full set of benefits that than it would otherwise cost, and it is bankruptcy.’’ enrollees will realistically need over only getting worse. This is the story of too many people the course of their lives, and, overall, Louisa should be able to focus on before the Affordable Care Act passed, it encourages Americans to get their starting school, growing up, learning requiring comprehensive coverage and health insurance so that they will have to drive, going to college, and having a requiring people with preexisting con- the appropriate support when they family of her own, not whether she will ditions to be able to get affordable cov- need it the most. pay more for insurance, if she can get erage. As I said before, healthcare isn’t I will be the first to recognize that it, because she was born with a pre- political; it is personal. People with there is room for improvement in our existing condition. preexisting conditions deserve to know healthcare law, but we need to be Louisa isn’t alone. She is just one of their insurance will be there when they working together to fix it, not allowing the estimated 130 million people in our need it. Families with a sick child de- the Trump administration to continue country with preexisting conditions. serve to focus on getting her better, its relentless push to undermine the af- That is 130 million people who could be not how they are going to pay the bill fordability of healthcare. Since the be- hurt either directly or indirectly by for the doctor, and small business own- ginning of his administration, Presi- these short-term junk plans. ers like Sam deserve insurance that dent Trump has taken every possible Perhaps you are incredibly lucky, covers them while they are sick or hurt step to weaken consumer protections and nobody in your family has a pre- and doesn’t leave them on the verge of in health insurance, all the while mis- existing condition. These short-term bankruptcy. informing the public about what the policies are a good choice, then, right? That is what we are talking about. real impact will be on their daily lives. Well, just ask Sam, who came to DC These current plans undermine the ca- But Americans right now are feeling earlier this year to share his story. pacity for people to be able to get real the impact. For too many hard-work- Sam is self-employed. He owns a coverage. They are less expensive, but ing families, health insurance and small landscape design business. In they don’t cover much, if anything, healthcare costs are still not afford- 2016, Sam was shopping for health in- and the problem is you don’t know able. Today, premiums are going up, surance. He had been healthy, aside until you get sick. What we need and healthcare prices are soaring, and the from some back pain. He told his insur- what everyone needs is the confidence burden of cost is increasingly shifted to ance broker that he had been to the that they are buying affordable insur- the patient. chiropractor a number of times and ance that will actually cover them and We should be focused on ways to that the chiropractor had taken x rays cover their families. Everyone deserves strengthen our healthcare system so but had not been able to make a diag- that kind of insurance. This isn’t about that it lowers out-of-pocket costs, re- nosis for his back pain. The broker as- politics; it is about protecting what is moves barriers to healthcare, and

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.035 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6757 incentivizes cost efficiency. But the tration’s efforts to undermine the ACA short-term use only and don’t include flawed Trump administration policy casts a vote today against coverage protections for people with preexisting the Senate voted on earlier today is a protections for preexisting conditions conditions. That means, if you sign up step in the wrong direction. It is a step and against affordable, quality for one of these plans and are a cancer toward terrible coverage for consumers healthcare for all American families. survivor or are a pregnant woman or who will not understand what their Thank you. are a war veteran, you could be plan fails to cover until they need it. I yield the floor. charged a higher rate. It also means We are seeing yet another Trump ad- The PRESIDING OFFICER. The Sen- you could be forced to pay tens of thou- ministration effort to roll back parts of ator from Nevada. sands of dollars out of pocket for the the Affordable Care Act that are actu- Ms. CORTEZ MASTO. Thank you, care you receive in an emergency. ally working every day to help Ameri- Mr. President. Junk plans come in all shapes and cans. President Trump is creating a I rise today to share the story of one sizes, but none of them comply with new loophole for some insurers to ig- of my friends, Jesse Kleinedler. Jesse consumer protections established by nore the Affordable Care Act’s central and her husband own and operate one the Affordable Care Act. The Kaiser patient protections. This is moving us of Reno’s most successful small busi- Family Foundation looked at junk back toward a period where insurance nesses—the Under the Rose Brewing plans in 45 States and found that 43 companies could discriminate against Company. They are also the proud par- percent did not include coverage for Americans based on their conditions, ents of a beautiful baby boy. Jesse, her mental health services, that 71 percent such as diabetes, cancer, arthritis, and family, and their business are doing did not cover outpatient prescription even pregnancy—yes, even pregnancy. great. But when I met Jesse last year, drugs, and that not a single one cov- Millions of Michiganders rely on the she told me her path to this point in ered maternity care. Affordable Care Act’s safeguards for life had not been easy. Junk plans appear to be cheaper than preexisting condition coverage. In 2012, Jesse left her job at a large Americans should have the power to firm—and the health insurance it pro- comprehensive health insurance choose their own healthcare, but unfor- vided—to pursue her dream of starting plans—that is, until you read the fine tunately this administration has it a brewery with her husband Scott. print. Junk plans have low monthly backward. President Trump wants to About 1 year later, she learned that she premiums and astronomical out-of- give more power to insurers to not only was pregnant. During a routine check- pocket costs. President Trump’s Execu- choose who they cover but also what up 9 weeks before her due date, Jesse’s tive order allows insurance companies they cover. midwife advised her to see an OB/GYN. to trick consumers into signing up for The Affordable Care Act’s 10 essen- Jesse didn’t feel sick, so she hesitated, these plans. Consumers think they are tial healthcare benefits are truly just but the midwife urged her to go see a getting a good deal, only to find out, as that; they are indeed essential. The list specialist anyway. soon as they get sick, that their med- includes things like prescription drugs, Midway through her visit, the OB/ ical bills are not covered. hospitalizations, and preventive care. GYN became concerned that Jesse’s The American Cancer Society Cancer Before the Affordable Care Act, we saw life was in danger. He diagnosed her Action Network says junk plans pose insurance companies neglect to cover with preeclampsia and rushed her to ‘‘a serious threat to cancer patients’ services like maternity care, substance the hospital. Jesse’s son was born a few ability to access quality, affordable abuse disorder treatment, and mental hours later via emergency C-section. health coverage.’’ It also says the health care. These are all truly essen- The doctors who delivered her baby present administration’s rule will like- tial elements of any true plan. agreed that had Jesse waited even 24 ly leave older and sicker Americans in The Trump administration is allow- hours to see an OB/GYN, both she and the individual insurance marketplace, ing for risky plans that make insur- her son would have died. with few, if any, affordable health cov- ance companies money while shifting In no uncertain terms, Jesse told me erage choices and that patients who costs to taxpayers and Michiganders that she and her son owe their lives to are living with serious conditions will who choose to cover these essential the Affordable Care Act. Without the be left paying more for the coverage health benefits. The Trump policy will affordable coverage having been pur- they need if they can afford coverage create a parallel market that targets chased on the Silver State Health In- at all. only relatively healthy, less costly in- surance Exchange, Jesse would not President Trump’s Executive order to dividuals, and that is why I am deeply have been able to have seen a spe- expand access to junk plans is not just disappointed by today’s vote and the cialist, and she and her husband, cer- an attack on our healthcare system, it actions of this administration. tainly, would not have been able to is an attempt to send us back to the The true message President Trump is have afforded the $1 million in medical days when families like Jesse’s could sending to the public is that he wants costs Jesse’s son incurred over the not afford the healthcare they needed. you to be misinformed. He wants you course of a months-long stay in the Jesse told me she owes her life to the to make bad decisions and buy these NICU. health insurance she purchased flawed plans, increasing the profits of Jesse’s son is now a happy, thriving through the ACA. Where would Jesse insurers. toddler, but he has a medical issue that and her family be without it? What if American taxpayers will be left with interferes with his growth. Jesse and she had not been able to afford a com- the bill when patients find out that Scott, her husband, fear that President prehensive plan? What if she had pur- their insurance and all of the money Trump’s efforts to roll back protec- chased a junk plan instead? they have put into that insurance over tions for people with preexisting condi- There are 1.2 million Nevadans who so many years simply does not cover tions will make it impossible for them live with preexisting conditions. That their healthcare needs when they need to afford their son’s health insurance. is nearly one in two. That number in- it the most. Donald Trump has not yet been able cludes nearly 159,000 children and near- No matter where you live, how much to get the support in Congress he needs ly 270,000 people who are nearing retire- money you make, or what your health in order to repeal protections for peo- ment. The junk plans rule directly record looks like, no one should be ple with preexisting conditions, but he threatens their healthcare. forced to make the impossible choice has taken steps to circumvent the between seeking medical assistance or wheel of Congress and hack away at Heather Korbulic, who is the execu- paying the bills for other basic neces- these protections bit by bit. tive director of the Silver State Health sities. Regardless of what the health In August, he signed an Executive Insurance Exchange, summed up the condition is or when it arises, all order to expand access to what are risk junk plans pose. Americans deserve certainty that their called junk plans. These are health in- She said: ‘‘[Junk plans] are designed decision to go to a doctor will not push surance plans that don’t cover essen- to basically take your preexisting con- them into bankruptcy. tial services like prescription drugs, dition and charge you more or tell you Let’s be clear that any Member who emergency room visits, or maternity that you can’t be on those plans at voted to support the Trump adminis- care. These plans are designed for all.’’

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.028 S10OCPT1 S6758 CONGRESSIONAL RECORD — SENATE October 10, 2018 She continued: ‘‘If they find that tax rate, which, up until January 1, sorted to, from interrupting the con- you’ve not disclosed a preexisting med- was the highest corporate tax rate in firmation hearing to withholding crit- ical condition . . . then you’re left high the developed world. We expanded busi- ical information, Chairman GRASSLEY and dry with no insurance.’’ ness owners’ ability to recover the cost stayed above the fray. He carried on I don’t want to go back to a world of investments they make in their with what needed to be done, whether where Nevadans with preexisting con- businesses, which frees up cash that that was compiling information from ditions can’t get the care they need or they can reinvest in their operations Justice Kavanaugh’s time in the White where insurance companies aren’t re- and their workers, and we brought the House or interviewing witnesses. He quired to cover basic services like ma- U.S. international tax system into the made sure the entire confirmation ternity care. 21st century so American businesses process was thorough and fair, and he I was a proud cosponsor of Senator would not be operating at a competi- ensured that Dr. Ford and Justice TAMMY BALDWIN’s resolution to over- tive disadvantage next to their foreign Kavanaugh were treated with dignity turn President Trump’s Executive counterparts. and respect. order. In failing to pass this resolution, Now we are seeing the results. The I am grateful we had him at the helm the U.S. Senate has done a profound economy is thriving. Our economy of the Judiciary Committee during this disservice to families and communities grew at a robust 4.2 percent in the sec- process, and I am grateful that, once all across the country. I will continue ond quarter of this year. The unem- again, he helped to put an outstand- fighting to restore protections against ployment rate is at its lowest level ingly qualified Justice on the Supreme junk plans, and I encourage all of my since 1969—almost 50 years ago. Think Court. colleagues to do the same. about that. In other words, it has been TRIBUTE TO NIKKI HALEY I yield the floor. almost 50 years since the last time un- Mr. President, I also want to take The PRESIDING OFFICER. The Sen- employment was at this low level. just a minute to recognize the out- ator from South Dakota. More than 1.8 million jobs have been standing work that Nikki Haley has ECONOMY created since the Tax Cuts and Jobs done as the U.S. Ambassador to the Mr. THUNE. Mr. President, 2 years Act was signed into law. Wages are United Nations. ago, when Republicans took control of growing at the best rate in years, and Ambassador Haley has been a terrific the White House as well as of Congress, incomes are up 4.2 percent. Businesses ambassador and a real leader on the we promised the American people that are bringing money back into the President’s foreign policy team. She growing the economy was going to be United States, and business investment has been a clear, unequivocal voice for our No. 1 priority, and we got right to is up—from an average of 1.8 percent the principles our country values, and work. before the 2016 election to an average she has been a tough and outspoken Under the Obama administration, of 10 percent so far this year. Small critic of the tyrannical regimes that American workers and businesses faced business optimism is at historic levels. threaten our country and the free a lot of obstacles, including burden- Consumer confidence is at an 18-year world. some regulations and an outdated Tax high. The list goes on. I am sure the President will choose Code that acted as a drag on economic Those are a lot of stats, but they ba- an excellent replacement, but Nikki growth, so we immediately focused on sically boil down to one thing; that is, Haley will be a tough act to follow. I removing burdensome regulations. that life is getting better for American wish her all the best as she begins her Then we focused on developing a his- families. Incomes are growing, and next chapter. She will be missed. toric, comprehensive reform of our Tax families have access to more jobs and I yield the floor. Mr. WHITEHOUSE. Mr. President, I Code, which was signed into law last opportunities and better benefits. That suggest the absence of a quorum. December. Now, the Tax Code isn’t nec- means fewer families have to live pay- The PRESIDING OFFICER. The essarily the first thing people think of check to paycheck, that an unexpected clerk will call the roll. when they think of economic growth, car repair or doctor bill is less dev- The senior assistant legislative clerk but the Tax Code has a huge impact on astating, that it is easier to afford that proceeded to call the roll. our economy. family vacation or the fees for piano Mr. WHITEHOUSE. Mr. President, I It helps to determine how much lessons, and that more families have ask unanimous consent that the order money individuals and families have to money to save for their kids’ college or for the quorum call be rescinded. spend and save. It helps to determine for their retirement. The PRESIDING OFFICER (Mr. LEE). whether a small business can expand That was the goal—getting the econ- Without objection, it is so ordered. and hire. A small business owner who omy thriving again so American fami- Mr. WHITEHOUSE. Mr. President, I faces a huge tax bill is highly unlikely lies can thrive. I am proud to say, we ask unanimous consent that at the to be able to expand her business or are succeeding. I am proud that our conclusion of my remarks, the Senator hire a new employee. The Tax Code policies are making life better for from New Hampshire, Senator SHA- helps to determine whether large busi- American families. Yet we are not HEEN, be recognized. She will be pick- nesses hire, grow, and invest in the stopping there. We are going to keep ing up at the end of my remarks. United States. A large business is working to secure the gains we have The PRESIDING OFFICER. Without going to find it pretty hard to create made for the long term and make sure objection, it is so ordered. jobs or improve benefits for employees every American has access to a future CLIMATE CHANGE if it is struggling to stay competitive of security and opportunity. Mr. WHITEHOUSE. Mr. President, it against foreign businesses that pay TRIBUTE TO CHUCK GRASSLEY is a real pleasure to be joined here much less in taxes. A large business is Mr. President, I want to take a brief today on the Senate floor by Senator also unlikely to keep jobs and invest- moment to express my gratitude to the JEANNE SHAHEEN of New Hampshire. ment in the United States if the Tax Judiciary Committee chairman, Sen- Senator SHAHEEN has been a tireless Code makes it vastly more expensive to ator CHUCK GRASSLEY, for his leader- advocate for clean energy and is the hire American workers. ship over the past months as we Senate’s bipartisan champion on en- Prior to the passage of the Tax Cuts worked to confirm Judge—now Jus- ergy efficiency, alongside Senator and Jobs Act last December, our Tax tice—Kavanaugh. PORTMAN. Code was not helping our economy or Every Supreme Court confirmation The U.N. Intergovernmental Panel on American families. It was doing just process is a somewhat arduous affair, Climate Change released a major warn- the opposite so we took action. but Chairman GRASSLEY had to con- ing last week. Ninety-one authors and We cut tax rates for American fami- tend with more than an increased editors from 40 countries reviewed lies, doubled the child tax credit, and workload. He had to contend with more than 6,000 scientific papers to as- nearly doubled the standard deduction. Democratic colleagues who did every- sess what it would take to hold global We lowered tax rates across the board thing they could to delay and disrupt temperatures to 1.5 degrees Celsius for owners of small and medium-sized the process and to taint Justice above preindustrial levels. The report businesses, farms, and ranches. We low- Kavanaugh’s confirmation. Yet no says that we will need to invest rough- ered our Nation’s massive corporate matter what tactics the Democrats re- ly five times what we do now in low-

VerDate Sep 11 2014 02:51 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.029 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6759 carbon energy and energy efficiency by Defenders of old, dirty energy sources should pay for damage to the environ- 2050. The Shaheen-Portman energy effi- paint renewables as unreliable, as ment and to public health. That is econ ciency legislation would help move us intermittent, but Deloitte’s report 101. Without that, the price signal, toward that target. finds that renewables have actually which is at the heart of market eco- The American Council for an Energy- proven ‘‘to strengthen grid resilience nomics, is off, and subsidies result. The Efficient Economy says that the bill and reliability.’’ Integrating renewable market fails. And when the Inter- would reduce carbon dioxide emissions capacity into the grid has gone well in national Monetary Fund estimates the by about 650 million metric tons over a practice, and FERC analyses predict fossil fuel subsidy at $700 billion per 15-year period. The cumulative net sav- increased renewable uses to improve year just in the United States, that is ings from the bill would reach nearly grid security and resiliency. a massive market failure. $100 billion. The grid operator in Iowa, the most Nordhaus recommends that we cor- My State of Rhode Island is a na- heavily wind-powered State, figured rect the enormous market failure tional leader in promoting energy effi- out a while ago the algorithms to treat which the fossil fuel industry now so ciency, so we know how good programs wind across its grid as baseload. When busily protects politically. ‘‘There is like the Shaheen-Portman reforms are you pair wind or solar projects with basically no alternative to a market for consumers, for businesses, and for battery storage, like that NextEra solution,’’ Nordhaus said in response to the environment. Rhode Island has project, then individual renewable the Nobel Prize award. ‘‘The incen- consistently ranked among the top projects become baseload power tives,’’ he said, ‘‘are market prices—to States for energy efficiency. This year, sources. You don’t have to aggregate raise the price of goods and services we are in the top three on the State and run algorithms; that is a new base- that are carbon intensive and lower the Energy Efficiency Scorecard. load source. ones that are less carbon intensive.’’ To keep global warming to 1.5 de- The transition involves batteries, The science on this, as I think most grees Celsius, the IPCC tells us we need and batteries are booming. Wood Mac- of us understand, is firmly established, renewables to grow to about half of the kenzie Power & Renewables projects and the economics are widely under- world’s energy mix by 2030 and to per- worldwide storage capacity currently stood. It is the politics that keep get- haps 80 percent of the world’s energy around 6 gigawatt hours to grow ten- ting in the way—the fossil fuel indus- mix by midcentury. Coal in the global fold, to at least 65 gigawatt hours by try dark money politics. electricity mix needs to be mostly 2022; 2022 is right around the corner—a ‘‘This is the last frontier of climate phased out by 2050. tenfold growth. change,’’ said Nordhaus. ‘‘I think we The fossil fuel industry’s front Costs are falling fast. Lithium-ion understand the science,’’ he said. ‘‘I groups, of which there is a considerable batteries are down in price 80 percent think we understand the economics of since 2010, just in these 7 years. That is legion, tell us that this will raise costs abatement,’’ he said. He said: ‘‘We un- an 80-percent drop in price. on consumers, but renewables are now derstand pretty much the damages. Regulators are adapting. The Federal beating fossil fuel power on cost, and Energy Regulatory Commission just fi- But we don’t understand how to bring renewable costs are still falling. nalized a new rule—a unanimous and countries together. That is where the In a recent report on global energy bipartisan new rule—for energy storage real frontier work is going on today.’’ trends, Deloitte notes: America should be leading at this on America’s electric grids. Solar and wind power recently crossed a One study has predicted the rule frontier, not lagging. Lost in our fossil new threshold. . . . Already among the could spur 50 gigawatts of additional fuel politics, we are failing in leader- cheapest energy sources globally, solar and ship. History will not be kind with our wind have much further to go. energy storage across the United States, enough to power roughly 35 failure. The Deloitte report shows the top million homes. It is well past time for Congress to solar States here in yellow, the top Energy storage is actually coming to wake up. wind States here in blue, and these market already. The Colorado State Mr. President, I yield the floor to my two—Texas and California—are in Public Utility Commission just unani- distinguished colleague from New green because they are leaders in both mously approved an Xcel Energy Pro- Hampshire, saluting her once again for wind and solar. gram to build $2.5 billion in renewable the leadership that I remarked on at If you look at the top 20 U.S. solar energy and battery storage, to retire the beginning of my remarks in work- and wind States, three-quarters of 660 megawatts of coal-fired power, ing with Senator PORTMAN to be the those States have electricity prices shutting down ongoing plants for Senate’s bipartisan leader on energy ef- below the national average, so clearly cheaper, new renewable battery com- ficiency. renewables don’t hurt energy costs. By binations. The request for bids didn’t The PRESIDING OFFICER. The Sen- the way, these States include some of just smoke out this one bid; it brought ator from New Hampshire. the reddest politically, including Okla- out a flood of renewable energy pro- Mrs. SHAHEEN. Mr. President, I homa, Kansas, Nebraska, North Da- posals at costs that beat out existing thank my colleague Senator WHITE- kota, Iowa, and Texas. coal and natural gas facilities. HOUSE, not just for those kind words The cost transition with renewables The IPCC warning was particularly but for all of the work he has done and coming down through the price of fossil serious and specific about the urgent continues to do. For the last 6 years, fuel is showing up in U.S. solar choices before us, and we, too, need to Senator WHITEHOUSE has come to the projects’ purchased-power agreements. be serious about a new direction to floor of this Senate week after week, You can see in this chart from avoid the most catastrophic effects of every week, to talk about climate Greentech Media that over time, solar climate change. Renewable energy and change and to talk about its effects generation costs have come down in energy efficiency are our pathways in throughout the United States and line with new-built natural gas genera- that direction, along with a new tech- around the globe and our need to take tion. That is what this band is. This is nology—trapping carbon emissions to action to address this crisis. the price for new-built natural gas gen- use or store them, even pulling carbon Thank you very much, Senator eration. dioxide straight from the air. WHITEHOUSE, for your leadership. This dot here represents a new These carbon-captured technologies Climate change is real, and it is a project by NextEra Energy to sell have been starved without revenue be- present threat to our planet. Senator power to the southern Arizona utility, cause of a failure in energy market ec- WHITEHOUSE talked about some of the Tucson Electric Power, from a 100- onomics, which is that there is no rev- science involved with that. It is very megawatt solar array with an accom- enue proposition for capturing carbon clear to anybody who has looked at the panying 30-megawatt energy storage pollution. Which brings me to the science who doesn’t have a political system for $45 per megawatt hour, Nobel Prize in economics just won by agenda that this is real. It is a threat, right in line with new natural gas William D. Nordhaus of Yale Univer- and we need to address it. plants. One industry analyst suggested sity. In New Hampshire, we are already that this facility effectively took the Nordhaus aligns with the well-estab- seeing the impacts of climate change place of a peak-demand gas plant. lished market economics that polluters in so many ways. Rising temperatures

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.031 S10OCPT1 S6760 CONGRESSIONAL RECORD — SENATE October 10, 2018 are shortening our fall foliage season, greenhouse gas emissions in every sec- than we import from Iraq or Venezuela they are disrupting our maple syrup tor, starting with how we produce and each year. Think about what that will production, and they are shortening consume energy. mean for increased consumption. our ski seasons and our snowmobiling. One of the things that I have learned The administration has also proposed Ice-out occurs earlier each year on our since my days as Governor is that the to replace the Clean Power Plan with lakes. They are causing sea level rise easiest, fastest way to reduce our en- regulations that would relax standards that can imperil businesses and homes ergy use is through energy efficiency. for powerplants at the expense and along our seacoast. It is without a doubt America’s largest well-being of current and future gen- The strains on our fisheries and the energy resource. It has contributed erations. Appliance efficiency stand- increases of insect-borne diseases that more to our Nation’s energy needs over ards have been frozen in place. After endanger our wildlife can all be tied to the last 40 years than any other fuel four decades with energy efficiency as the effects of climate change. source. Without the economy-wide im- a bipartisan cornerstone of Federal en- I have here a photo that I think it is provements in energy efficiency that ergy policy, the President has once important for people to see. Moose have occurred since 1973, it is esti- again proposed profound cuts to energy have been one of New Hampshire’s mated that today’s economy would re- efficiency and to renewable energy pro- iconic wildlife representatives, to put quire 60 percent more energy than we grams at the Department of Energy. it, I guess, the easiest way. The moose are now consuming. In fact, savings For those of us who support energy are something that we are very proud from energy efficiency improvements efficiency, there can be only one re- of in New Hampshire. We have seen over the last 40 years have reduced our sponse to these rollbacks: We must ad- them in the wildest parts of our State, national energy bill by an estimated dress them head-on, and we must re- some even as far south as where I live $800 billion—with a ‘‘b’’—all while double our efforts to keep America on in southern New Hampshire. What we growing and expanding our economy. the right track. are seeing as the result of climate Put another way, in the last 40 years, As a result of bipartisan efforts in change is a 40-percent reduction in the we have saved more energy through en- the House and Senate—as I said, en- moose in New Hampshire. As I said, ergy efficiency than we have produced ergy efficiency is one thing that we can that is happening because of increases through fossil fuels and nuclear power get behind, Republicans and Demo- in insect-borne diseases. combined. So think about that. Think crats—last month the President signed If we look very closely at this pic- about the potential of energy effi- into law a spending bill that includes ture, it looks like there are little round ciency in addressing our energy needs. increased investments for clean energy balls on this moose. Those are ticks. Energy efficiency is also the largest programs at the Department of En- Those are ticks that have been able to sector within the U.S. clean energy ergy—something that has enjoyed attach to the moose and, in so many economy. It employs nearly 2.25 mil- strong bipartisan support. cases, kill the moose. They are there lion Americans nationwide, and the In addition to increasing those in- because it is not getting cold enough in majority of those people work in our vestments, this appropriations bill our winters to kill off those ticks, so small businesses. We know that small marks the first time since 2009—so the they multiply in such numbers that businesses create about two-thirds of first time since I have been in the Sen- they attach to the moose and they kill the new jobs in this country. They are ate—that the Department of Energy them. You can see this is a distressed overwhelmingly responsible for innova- will secure its funding before the start moose that has been affected by those tion. Sixteen times more patents are of a fiscal year. This financial cer- ticks. She shouldn’t look like this, but produced by small businesses. So this tainty will strengthen these programs it is the ticks. Those insect-borne dis- is where innovation is going on, and it and the industries they support. eases are also responsible for some- is going on in energy efficiency. The passage of the Energy and Water thing called brain worm that affects Just to reiterate, energy efficiency appropriations bill that we did today moose as well. measures have proven time and time demonstrates that Congress remains So for our hunters and the people again to be the easiest and most cost- committed to advancing commonsense, who enjoy the outdoors and wildlife effective way to address climate bipartisan policies that will strengthen viewing, that is being threatened now change, while reducing energy costs our Nation’s energy efficiency. because of climate change. and creating private sector jobs. Just last week, this Senate adopted a The beautiful maples that produce The thing that I like about energy ef- bipartisan resolution that was spon- maple syrup and that produce such ficiency is that you don’t have to live sored by Senator PORTMAN of Ohio and beautiful colors in our fall foliage are in a certain part of the country and me, along with 19 of our colleagues, being threatened because of climate you don’t have to be a proponent of that recognizes the economic and envi- change. The estimate is that in several other types of fuel sources to appre- ronmental benefits that energy effi- decades, we will no longer see either ciate and to support energy efficiency. ciency has contributed to this country. moose or maple trees in New Hamp- Everyone benefits from energy effi- Senator PORTMAN and I are also com- shire because they will have been ciency. mitted to advancing our legislation to forced out because the warming tem- Unfortunately, since he took office, spur energy efficiency innovation and peratures will mean they can no longer President Trump and his administra- other initiatives across the most en- survive. tion have proposed policies that seek ergy-intensive sectors of our economy. Climate change is also affecting the to undermine America’s clean energy Senator WHITEHOUSE talked about the public health of New Hampshire citi- economy and delay our progress toward efforts that we have engaged in over zens. Rising temperatures increase addressing climate change. The admin- the last 7 years. We have introduced smog levels. They heighten the effects istration has proposed rollbacks to our bill into Congress in each Congress of allergy season. They increase the clean car standards that will force over the past 7 years. Each time, we number of children with asthma. New Americans to pay more at the gas are getting a little more momentum in Hampshire has one of the highest child- pump and harm our environment. getting this through. We have gotten hood asthma rates in the country, and Here is a chart that shows very clear- certain provisions of the bill through that has gotten worse because of cli- ly what rolling back CAFE standards— in the last two Congresses. mate change. the vehicle emissions requirements— It has been far too long since Con- Scientists have proven without a would do. By 2035, the rollback would gress passed a comprehensive energy doubt that CO2 and other greenhouse add at least 158 million metric tons of bill, so it is time for us to work to- gases are the primary culprits for the carbon dioxide annually. It would in- gether to pass an energy bill that in- climate changes that we are seeing and crease U.S. fuel consumption by 13.9 cludes energy efficiency. This is bipar- that human activity has increased the billion gallons per year. This is accord- tisan legislation. If it were brought to concentration of these greenhouse ing to the American Council for an En- the floor today, I guarantee you it gases. ergy-Efficient Economy. If we think would pass overwhelmingly, and it If we are going to stop global warm- about that in terms of fossil fuels—this would improve our Nation’s energy ing, the United States must reduce its fuel consumption—that is more fuel policies and help to grow the economy.

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.036 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6761 We have some great examples of what coming down here nearly every week— lenges after serving in Vietnam. For is being done, and Senator WHITEHOUSE usually Wednesday or Thursday—for decades, he lived on the streets in Se- talked about some of what is being the last 2 years to talk about somebody attle. She saw the pain that her uncle’s done around the country to address en- who is making a big difference in my homelessness caused her mom and the ergy efficiency and reduce our energy State, the great State of Alaska. I call rest of the family, and of course her use. this person our Alaskan of the Week. uncle, but then he got help at a place New Hampshire, like Rhode Island, is Most of the people who visit Alaska like Bean’s Cafe, and she also saw the one of the States that are part of the do so in the summer—I was honored positive impact that not only had on Regional Greenhouse Gas Initiative. At the Presiding Officer and his family her uncle but the entire family, the en- the State, local, and grassroots levels, came up to visit this summer—and we tire community. individuals, businesses, and govern- know that is understandable, to come Bean’s is an Anchorage institution. ments are rising to the challenge by in- up when the Sun is high in the sky, but It serves breakfast and lunch every tensifying their efforts to advance en- this time of year is truly magnificent day—about 950 meals a day—to the ergy efficiency and clean energy. in my great State. To borrow a phrase hungry and the homeless. This requires This chart shows what has happened that is no doubt familiar to many, in- the work of about 120 volunteers a day. in the States that have been part of the cluding some of the pages: Winter is People from all across the community Regional Greenhouse Gas Initiative. coming. Winter is coming. come to help out. On any given day, Carbon pollution has gone down 51 per- Every day, the Sun comes up later you will see a business executive, cent, and electricity prices are down 6.4 and sets earlier. Snow is already on the maybe a pastor, a construction worker, percent. For us in New England, where ground in some places in Alaska. In politicians—so many, from all walks of we have very high energy costs, that is some places in the State, the moun- life—serving food to the homeless and very positive. So if you don’t support tains are dusted—termination dust, we hungry. We have also seen the recipi- energy efficiency for any other reason, call it—and that dust is quickly turn- ents of that generosity of food volun- you should support it because it re- ing into deep snow and making its way teering themselves, all of them—such a duces costs. Look at how much in en- down the mountains. It will not be long supportive community—working to- ergy savings to consumers: $773 mil- before it spreads out all throughout gether to help one another. lion. our communities in Anchorage and Bean’s is so much more than a place Since 2009, the nine States in the Re- other cities. The whole State is crack- for a meal. It serves as a mailing ad- gional Greenhouse Gas Initiative have ling with energy to get ready for the dress for their clients. It is a place outperformed the national average in long winter, like we do every year. where you can call a loved one, a place terms of all of these measures. Because For some, though—particularly for to get some dry socks, a hat and a coat, the majority of proceeds are invested the hungry and the homeless—winter warm clothing for the cold winter. You in energy efficiency, they have allowed in Alaska can be incredibly difficult can get help with your VA benefits. electricity prices to fall, and they have and incredibly challenging. Actually, You can get help finding a job or it is saved consumers millions on their en- as we all know here, for the hungry and a place to get out from the cold for a ergy bills. As we look in the outyears, the homeless any time of the year can few hours. billions more are expected in savings, be incredibly difficult and challenging. Lisa said: thanks to those investments in energy In Anchorage, there is a place where Oftentimes, the day that someone walks efficiency and renewable energy under everyone, no matter who you are, is into Bean’s Cafe is the worst day of that per- the Regional Greenhouse Gas Initia- greeted with dignity, respect, and a hot son’s life. And we’re there to greet them tive. meal. The place is called Bean’s Cafe, with compassion and respect. In August of 2017, RGGI’s nine States and the person who makes sure it all Lisa has also expanded the program agreed to strengthen their program by happens and comes together is Lisa to include a very popular program now reducing greenhouse gas emissions at Sauder, the executive director of in Anchorage called Children’s Lunch- least 30 percent more by 2030. New Bean’s Cafe, and Lisa is our Alaskan of box, which provides after-school and Hampshire and other RGGI States have the Week. weekend meals for children. All told, shown the Nation that States can Let me tell you a little bit about between the meals served at Bean’s and make smart clean energy choices that Lisa. She was born in Anchorage and for the Children’s Lunchbox, under benefit the environment while moved to the west coast with her par- Lisa’s guidance, leadership, and pas- strengthening the economy. For those ents when she was a young teenager. sion, more than 700,000 meals were who say we need a market-driven ap- When she graduated from Pepperdine served last year. proach to addressing climate change, University with a degree in commu- Lisa loves her job. She loves how sup- this is a perfect example of that. nications and political science, she was portive the community is. She loves Climate change represents an enor- on her way back home to Alaska. watching people grow and helping them mous challenge, but solutions are with- ‘‘Alaska always calls you when you get the help they need—and then their in reach if we put into place policies leave it,’’ she said. ‘‘It’s always the coming back to help others. She said: that will allow for swift action. We place that feels most like home.’’ We’re all very fortunate here. We get to have a responsibility to help protect She worked at a local bank and the help people, [which is a passion]. Not every- our children and grandchildren from Anchorage Convention and Visitors body can say that. the severe consequences of global Center, where she was able to travel all Lisa’s work extends far beyond warming. We have to start now, and we around the country to talk people into Bean’s Cafe and the Children’s Lunch- have to start with energy efficiency. visiting our great State, particularly box. She is also very involved in Alas- Mr. President, I yield the floor, and I in the off seasons like fall, like now. ka’s recovery community—recovery note that my allergies are a result of Then her husband’s job took them to from addiction, particularly in the past that climate change. the east coast, where they stayed for few years. Mr. WHITEHOUSE. Mr. President, I some time, but, once again, Alaska Anchorage, AK, like the rest of the suggest the absence of a quorum. beckoned, and they returned. community, isn’t immune to what is The PRESIDING OFFICER. The Shortly after coming back home happening all across the country with clerk will call the roll. again, Lisa saw an ad to help run regard to the opioid and heroin crisis. The legislative clerk proceeded to Bean’s Cafe, and she knew she had to The good news is, we are working in call the roll. go for it. She knew that passion was in the Senate and in the House on this Mr. SULLIVAN. Mr. President, I ask her heart. The fact that it is com- issue. We just passed a bill, a very im- unanimous consent that the order for pletely local and completely commu- portant bill, that will help States and the quorum call be rescinded. nity supported was a huge lure to her, communities address this, but we have The PRESIDING OFFICER. Without she said but so was helping and work- a long way to go. objection, it is so ordered. ing with the homeless throughout the Too many young people—people of all TRIBUTE TO LISA SAUDER State. ages—are being lost to us because of Mr. SULLIVAN. Mr. President, as the Lisa’s uncle, for example, was a Viet- this horrible epidemic, and, unfortu- Presiding Officer knows, I have been nam veteran with mental health chal- nately and very tragically, Lisa’s son

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.037 S10OCPT1 S6762 CONGRESSIONAL RECORD — SENATE October 10, 2018 Tucker, 23 years old, was one of those rebukes from across the legal commu- porters do vital work, not just in Wash- we lost. She has put the pain—the deep nity. Three attorneys withdrew from ington but around the country. They pain of losing her son—to good work. the case, and one actually resigned in shine a light on the important issues in She has turned into a fierce advocate objection to the Department of Jus- our communities. Right now, that for those suffering from addiction. She tice’s unprecedented action. means covering the addiction crisis talks about Tucker often, wanting peo- Our Republican Senate colleague that grips our country. ple to know that this can happen to from Tennessee, Mr. ALEXANDER, called Today alone—if today is an average anyone. That is why we need to con- the brief ‘‘as far-fetched as any [he has] day in Ohio, as I assume it is—11 people tinue to focus. ever heard.’’ Mr. Readler had no prob- will die of an opioid overdose. Yester- Through her work and the work of so lem putting his name right at the top day, 11 died. Tomorrow, 11 will die. Fri- many advocates across the State, peo- and filing it. day, 11 will die. ple are finally getting the help they We should not be putting on the We have been working bipartisanly need. Lisa said: bench for life anyone who puts par- to help get communities the resources The peer mentorship that is going on right tisanship ahead of cancer patients or they need. This month we passed a bi- now is saving lives. So much progress has ahead of people with diabetes or ahead partisan package to fight opioid addic- been made. There are so many people who of someone with high blood pressure or tion. It is a start. We need more help have really helped to shine a light on the ahead of Americans’ healthcare. from a generally disengaged White issue. Unfortunately, the White House is House. We need a State government to Lisa is such a force for good in my also chipping away at the ability of get out from under its corruption, day State. She has tenacity, grit, courage, Ohioans with preexisting conditions to to day, that afflicts it and get out and and a huge heart. She is doing so many get affordable coverage that actually do what they should be doing to fight things. For that, we want to thank covers their conditions. Again, we are opioid addiction. Lisa for all she is doing. talking about 5 million Ohioans, tens Everyone has a role to play. Local Congratulations on being our Alas- of millions of Americans. You can talk journalists do vital work keeping Ohio- kan of the Week. about anxiety and autism. You can ans informed of all the resources we I yield the floor. talk about heart disease or heartburn, have in our State. That is why, this The PRESIDING OFFICER. The Sen- cholesterol, stroke, thyroid issues. We week, I want to highlight another story ator from Ohio. are talking about families. We are in an Ohio paper informing the public, HEALTHCARE talking about neighbors. We are talk- reported by a journalist serving his Mr. BROWN. Mr. President, today in ing about some of the people in this community. I remind my colleagues that the the Senate we were faced with two op- body. portunities to side with cancer patients Everyone here, by the way, takes media are not the enemy of the people, over insurance companies. In our coun- care of themselves. We all have good as the White House likes to say, but try, almost everybody would say that health insurance. We don’t mind, ap- they serve our communities. They live we ought to side with the cancer pa- parently, denying it to millions of oth- in our communities. They are part of tients over the insurance companies, ers. our communities. They fight for our but the Senate failed again in both Some Senators think it is fine to let communities. Joshua Keeran reported for the Dela- cases. Let me explain. insurance companies sell junk to our ware Gazette about Maryhaven, a local Today, as we considered this, we constituents back home. These insur- addiction and mental health treatment wanted to make clear whose side we ance policies are just that: They are center. Maryhaven is Central Ohio’s are on. The side the Senate chose, and junk. They are insurance until you oldest and most comprehensive treat- it looks like the Judiciary Committee need the insurance. Allowing insurance ment center. It has been a great part- chose, is not the side of patients. companies to sell these plans drives up ner to my office in our work, along This morning, I testified at the Judi- healthcare for everyone. They weaken with Senator PORTMAN, to help Ohioans ciary Committee’s hearing on the protection for anyone with a pre- fighting addiction. White House’s two nominees to the existing condition. In my conversations with Maryhaven Sixth Circuit Court of Appeals, Chad Under their new rules, insurance clients, it is clear what a difference Readler and Eric Murphy. Both of companies could force Americans with this organization makes in so many these men have a troubling record of preexisting conditions into these junk lives in Central Ohio. Mr. Keeran re- stripping Ohioans of their rights, and plans—and ‘‘junk’’ is the right word— ported on Maryhaven’s Families in Re- Mr. Readler’s actions on healthcare are that barely cover anything. They can covery Program, which provides edu- particularly threatening to millions of charge exorbitant, unaffordable rates cation, training, and counseling sup- Americans—not just the 5 million for a decent plan. port to families confronted with sub- Ohioans who have preexisting condi- Half of my colleagues—exactly half— stance abuse problems. Through its re- tions but millions of Americans with voted for Senator BALDWIN’s motion. porting, the Delaware Gazette is rais- preexisting conditions. Five million Senator BALDWIN, from Wisconsin, has ing awareness about this important Ohioans under age 65, as I said, have been a hero on this. Half of my col- local resource. preexisting conditions. That is half the leagues—all with health insurance paid This kind of reporting is what jour- population in my State. for by taxpayers—have told the people: nalists do every day in every commu- Because of the Affordable Care Act, Sorry, you are on your own. We are let- nity in Utah, Rhode Island, Ohio, and these Ohioans can rest a little easier, ting the insurance companies do what- across the country. That is why they knowing they can’t be turned down for ever they want—rip you off, hike up are deserving of respect. We should re- health coverage or have their rates your costs. That is the way it goes. ject the out-and-out attacks by the skyrocket because their child has asth- It all comes down to whose side you President of the United States and oth- ma or their husband has diabetes or are on. Chad Readler, the President’s ers who call journalism and journalists their wife has been diagnosed with nomination for the Sixth Circuit, has in the media enemies of the people. breast cancer. Mr. Readler is willing to made it clear: He stands with insurance They serve their readers. They serve take that peace of mind away and companies, not with cancer patients. their viewers. They serve their commu- throw those families into financial The administration has made it clear: nities. They deserve our respect. chaos. They stand with insurance companies, I yield the floor. This summer, he did what three ca- not kids with asthma. The PRESIDING OFFICER. The Sen- reer attorneys with the Department of Today, the Senate chose to stand ator from Rhode Island. Justice refused to do. He filed a brief with those insurance companies over RUSSIAN HYBRID WARFARE challenging the law that protects their constituents who need prescrip- Mr. REED. Mr. President, today I Americans with preexisting conditions. tion medicines. rise to continue my series of speeches The next day, the White House ap- HONORING JOURNALISTS on Russian hybrid warfare and the pointed him to a Federal circuit court Mr. President, a free, independent threat it poses to our national secu- judgeship. Filing this brief earned him press is critical to our democracy. Re- rity. Russian hybrid warfare occurs

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.039 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6763 below the level of direct military con- Instead, they are deploying these tac- the poisoning of Sergei Skripal, a flict, yet it is no less a threat to our tics aggressively but below the thresh- former Russian military intelligence national security and the integrity of old of where they assess we will re- officer, and his daughter on British soil our democracy and our society. We spond with conventional weapons. One and Putin’s threat against Ambassador must reframe our thinking to under- such example was the hybrid warfare McFaul and other U.S. Government of- stand that these are attacks from a operations the Kremlin deployed in ficials at the Helsinki Summit. These foreign adversary on our democratic Crimea, including covert forces some- events may seem unrelated, but they institutions, our free markets, and our times referred to as ‘‘little green men’’ are actually part of a pattern of mali- open society. and the use of coercive political tac- cious and threatening Russian behav- We recently honored our fallen and tics, including an illegitimate ref- ior. observed the attacks of September 11, erendum. Today, I will explain the connection 2001. The 9/11 Commission Report, Now, previously I have addressed as- and make recommendations for how we which looked into what happened after pects of Russia’s hybrid warfare oper- can deter and counter Russia’s use of the attacks, assessed that one of our ations against the United States deal- dirty active measures as part of its hy- government’s failures in preventing ing with tactics of financial malign in- brid warfare operations below the level those attacks was a failure of imagina- fluence and multiple hybrid tools they of military conflict. tion. Now, too, we have the Director of have deployed against our democratic Dirty active measures have a long and sordid history in Russia and the National Intelligence telling us that elections. Today I will discuss another Soviet Union, dating back to czarist the ‘‘system is blinking red,’’ akin to Russian tactic and its hybrid warfare times. For assassinations, poison was the threats we received before 9/11. We arsenal: the use of assassination, po- often the weapon of choice, including must be focused on the current prob- litically motivated violence, intimida- the attempted cyanide poisoning of lem as a national security threat. This tion, or detention to pursue the Krem- Rasputin in 1916. In 1921, Lenin opened threat requires that the United States lin’s objectives. These tactics are a poison laboratory to test methods to defend itself against hybrid attacks sometimes referred to as dirty active be used against political enemies with the same level of commitment measures. named the ‘‘special room,’’ which was and resolve as we would against a mili- With dirty active measures, the im- also known as the ‘‘lab of death.’’ At mediate attack is deployed against an tary attack against our country. this lab, they developed the nerve For far too long, we have failed to individual who is working counter to agents known as novichoks, which recognize that hybrid attacks are the the Kremlin’s strategic goals by chal- were designed to be undetectable and new Russian form of warfare. As laid lenging Putin’s power base, exposing were recently deployed against the out in the Russian National Security corruption, or unearthing hybrid war- Skirpals. These tactics were amplified Strategy of 2015, the Kremlin’s ap- fare operations. under Stalin and featured killings by proach to conflict includes weaponizing But the damage of these hybrid war- hired assassins, staged automobile ac- fare tactics goes well beyond the indi- tools and resources from across govern- cidents, and poisonings, used inside ment and society. The Russian strat- vidual killed, hurt, threatened, or Russia and deployed abroad. Stalin no- egy states: ‘‘Interrelated political, jailed by the Kremlin. These tactics toriously said: military, military-technical, diplo- cause chaos, fear, and instability to by- Death solves all problems. No man, no matic, economic, informational, and standers and have a deterrent effect, problem. other measures are being developed and sending a chilling message to others Given President Putin’s background that might seek to challenge the Krem- implemented in order to ensure stra- as a spy master, it should come as no tegic deterrence and the prevention of lin’s rule. surprise that Russia’s use of dirty ac- Further, the reach with which Putin armed conflicts.’’ tive measures have continued under his The Russian strategy describes the has deployed these weapons inside Rus- regime. Before becoming Prime Min- conventional and nonconventional are- sia, across Ukraine, Europe, and even ister and President, Putin spent the nas of warfare as the Kremlin envisions in the United States instills fear that if majority of his career in the KGB, the it and how Russia has utilized all of the Kremlin wants to get rid of you, state’s security service, and its suc- the tools of statecraft to engage an ad- there is nowhere to hide. cessor, the FSB. versary without, in many cases, firing Like all aspects of Russian hybrid As Russian journalist Andrei a shot. These different disciplines warfare, dirty active measures are part Soldatov wrote, the KGB’s ‘‘main task make up a Russian hybrid approach to of a pattern of behavior that serve Rus- was always to protect the interests of confrontation below the threshold of sia’s strategic interests. Putin’s high- whoever currently resided in the Krem- direct-armed conflict, a method that est strategic objective is preserving his lin.’’ In this system, loyalty and fidel- has been developing and escalating grip on power. He also seeks to operate ity to the state is prized above all, and since the earliest days of Putin’s rise unconstrained domestically and in the Putin’s values were shaped by it. to power in Russia. near abroad. Finally, Putin seeks for In 2005, Putin lamented that the The main tenets of the Kremlin’s hy- Russia to be seen equal to the United breakup of the Soviet Union was the brid operations are these: information States and to regain the great power greatest geopolitical tragedy of the operations with cyber tools, which peo- status it lost at the end of the Cold 20th century. When he assumed power, ple commonly think of as hacking; War. he resurrected a system that reflected propaganda and disinformation; manip- He knows he cannot effectively com- Soviet methods. He employed all of the ulation of social media; and malign in- pete with the United States in conven- instruments of the state, including the fluence, which can be deployed through tional ways and win. Instead, he seeks Parliament, the courts, and security political, legal, or financial channels. to use tools from his hybrid warfare ar- services, to protect his power base and A further characteristic of Russian senal in order to divide us from our al- to allow him to pursue strategic objec- hybrid warfare is denial and deception lies and partners in the West and weak- tives in the foreign arena uncon- used to obscure its involvement. The en our democratic societies from with- strained. Kremlin deploys more than one hybrid in. Putin’s use of hybrid warfare tactics warfare tactic simultaneously to pro- The Putin regime has been engaged of assassination, political violence, in- vide maximum effect. in a pattern of dirty active measures timidation, and detention—the dirty A look at the Russian hybrid warfare for more than a decade, and the tempo active measures—are tenets of this sys- doctrine also illuminates that the has only increased since he retook the tem he created to cement his hold on Kremlin sees deterrence and prevention Presidency in 2012. These tactics have power. differently than we do. This is a crit- increasing implications for the United Putin has also manipulated the Par- ical point. We see deterrence as a way States and allied national security. liament and the court system to make to avoid conflict. They are not merely I want to address this tactic of dirty and enforce laws that manufacture using these tactics as deterrence or active measures because it has taken legal consent for tactics of dirty active strategic prevention in the way we on greater urgency due to recent measures. As opposition activist Vladi- think about these conflicts. events. In particular, I am thinking of mir Kara-Murza, who survived being

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.040 S10OCPT1 S6764 CONGRESSIONAL RECORD — SENATE October 10, 2018 twice poisoned, wrote recently in the These tactics of dirty active meas- which demonstrates the willingness of Washington Post, ‘‘in Vladimir Putin’s ures have been used with impunity in- the Kremlin to use these tactics not Russia, laws are often passed with spe- side Russia to silence and intimidate only for domestic political purposes cific people in mind, whether to reward Kremlin critics and preserve the sys- but also as part of its hybrid warfare or punish.’’ Notably, in July of 2006, tem of power Putin created. They have operations to advance Russia’s stra- the Russian Parliament gave President been unleashed against journalists, op- tegic interests against other countries. Putin permission to use Russian armed position leaders, oligarchs, and others Similar to other tactics of hybrid forces and security services to per- seen as betraying the system. A Senate warfare operations, Ukraine is usually petrate extrajudicial killings abroad on Foreign Relations minority staff report where Russia deploys these tactics people that Moscow accused of extre- from January detailed more than two first, a testing ground for tools that mism. Companion legislation passed dozen Kremlin critics who died under may be deployed in the West at a later about the same time expanded the defi- mysterious circumstances in Russia time. nition of extremism to include libelous since Putin took power in 2000. The re- We see these tactics of dirty active statements about Putin’s administra- port separately compiled violent at- measures deployed in Ukraine as far tion. This legislation effectively gave tacks and harassment on human rights back as 2005, when the more Western- those who carry out dirty active meas- activists and journalists. oriented Viktor Yushchencko was ures immunity. Russian opposition activists are also poisoned after he won the Presidency, In addition to the use of the legisla- a target of dirty active measures inside beating Victor Yanukovych, the pre- tive and legal mechanisms at their dis- Russia. One example was the assassina- ferred pro-Russian candidate. posal, the Kremlin unleashes a barrage tion of Boris Nemtsov, a popular re- The Kremlin continues to deploy of propaganda against those targeted gional Governor and Deputy Prime dirty active measures, including assas- for dirty active measures. These infor- Minister under Yeltsin, who became sination, in Ukraine with impunity. mation operations contribute to a cli- disenchanted with Putin’s political Last May, Denis Voronenkov, a former mate of fear targeting both the individ- system. He publicly exposed extensive FSB colonel and a former Russian Par- corruption and covert use of Russian uals the Kremlin is trying to silence liament Member, was shot in the head hybrid warfare tactics in Ukraine. and the broader population. Propa- on a crowded Kiev sidewalk in broad Arkady Ostrovsky, a Moscow cor- ganda campaigns are also deployed daylight. Voronenkov was once a close respondent for the Economist, de- after the dirty active measure is car- Putin ally who used his position to pro- scribed the tactics of intimidation de- ried out, in order to sow confusion and mote key Kremlin priorities, including, ployed against him, including that he make people doubt whether Russia is ironically, annexing Crimea. He fled to was stigmatized as a ‘‘national traitor’’ culpable. Ukraine in October of 2016 and began to and an ‘‘American stooge.’’ He was de- Putin and his inner circle have drawn criticize Putin’s government. He was monized on television and on the a distinct narrative, branding those slated to provide testimony to Ukrain- streets banners with Nemtsov’s face who oppose the Kremlin as criminals, ian authorities that would expose were hung on building facades framed thus deeming them as deserving of pun- Kremlin deliberations prior to hybrid by the words ‘‘fifth column—aliens ishment. They are often also accused of warfare operations against Ukraine. among us.’’ being part of the so-called ‘‘fifth col- These threats were followed with Forebodingly, a few days before his umn,’’ Russians that Putin defines as Nemtsov being brazenly assassinated murder, he told the Washington Post: advancing foreign interests. steps from the Kremlin. Nemtsov ap- ‘‘They say we are traitors in Russia.’’ Worse than criminals in Putin’s mind pears to have been killed for exposing Again, the idea that he could be shot are those the Kremlin viewed as having corruption in Putin’s inner circle and brazenly in broad daylight served as a been loyal in the past but who are now trying to serve as a constraint on his warning to others who might want to working against the interest of the ability to conduct hybrid warfare oper- expose hybrid warfare operations to state. These people are branded as trai- ations in Ukraine. These acts were think twice, and that they can’t escape tors, and as the New York Times re- clearly seen as a threat to Putin’s even if they leave Russia. ported last month, traitors hold a spe- power and his ability to act with impu- Similar tactics were deployed cial status for Putin. Putin’s disdain nity. against Montenegro as it considered for traitors stems from the early days Attacks of dirty active measures in- and ultimately chose to join NATO in of the end of the Cold War, when dozens side Russia continue unabated. This 2015 and 2016. The Kremlin saw the of former Soviet intelligence officers April, Russian journalist Maxim Montenegrin Government’s decision to became defectors or informants for the Borodin fell to his death after inves- move closer to the West as a threat to West. tigating the Wagner paramilitary its strategic interests, including Rus- According to the Times, ‘‘Mr. Putin forces linked to a close Putin ally and sia’s ability to operate in Eastern Eu- cannot speak of them without a lip Russian troll farm patron, Yevgeny rope unconstrained. curl of disgust. They are ‘beasts’ and Prigozhin. Three additional Russian When several other hybrid warfare ‘swine.’ Treachery, he told one inter- journalists who were investigating operations, including propaganda and viewer, is the one thing he is incapable Prigozhin-sponsored, Kremlin-linked information operations, failed to keep of forgiving. It could also, he said dark- military activities, particularly in the Montenegro from joining the alliance, ly, be bad for your health.’’ Central African Republic, were killed Russian military intelligence officers Putin publicly threatened those con- under suspicious circumstances in Au- planned and attempted to execute an sidered traitors on multiple occasions. gust. Just a few weeks ago, the pub- election day coup that included a plan One of those episodes occurred in 2010. lisher of a website that exposes Krem- to assassinate the Montenegrin Prime After a spy swap between Russia and lin abuses in the criminal justice sys- Minister. The attempt on the Prime the United States, which included the tem fell ill from apparent poisoning. Minister’s life was unsuccessful, fortu- recently poisoned Skripal, Putin stated This attack occurred on the same day nately. However, it showed the ex- ominously: ‘‘A person gives his whole he expected to receive the results of an tremes to which the Kremlin would go life for his homeland, and then some investigation he commissioned into the and the methods that were used to try . . . [blank] comes along and betrays deaths of the journalists in the Central to maintain its strategic interests. such people. How will he be able to African Republic. Beyond Ukraine and Montenegro, the look into the eyes of his children, the As I have detailed here, these attacks Kremlin has increasingly demonstrated pig? Whatever they got in exchange for are not officially linked back to the a willingness to use dirty active meas- it, those thirty pieces of silver they Kremlin, allowing for plausible ures in the West, suggesting a sense were given, they will choke on them. deniability, but are part of a clear pat- that Russia feels it can operate with Believe me.’’ tern of tactics deployed against those impunity even in these countries. For Putin, labeling his political op- who work to expose activities that may One Western country where a pattern ponents in these stark terms helps to hurt Putin’s base of power. of Russian dirty active measures ap- justify the dirty active measures de- Putin has resorted to using dirty ac- pears prominently is in the United ployed against these individuals. tive measures beyond Russia’s borders, Kingdom. Investigative reports have

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.041 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6765 unearthed an estimated 16 suspicious the future or try to constrain or chal- as Ambassador to Russia from 2012 to deaths over the past 12 years, and that lenge his power. 2014. may not even be the totality. The pattern of dirty active measures During McFaul’s time as Ambassador The most well-known measure of also extends to the United States. This to Russia, the Kremlin unleashed its Russian dirty active measures inside includes Mikhail Lesin, a former Krem- hybrid warfare playbook against him. the UK is Alexander Litvinenko, a lin insider who was crucial to Putin’s They denounced him as an enemy and former KGB and FSB officer who blew consolidation of the Russian media. had security forces follow his family. the whistle on corrupt practices of the Lesin was also responsible for the rise The Kremlin also deployed a FSB. While Litvinenko had retired of Russian TV and internet platform disinformation campaign against him from spying, he did consulting work RT, a tool the Kremlin uses to deploy that accused him of being a pedophile. with the British and Spanish intel- propaganda and disinformation across The Kremlin was using these active ligence services, helping both govern- the world, including against the United measures in an attempt to instill fear ments understand connections between States during the Presidential election in him and others that they could be the Russian mafia, senior political fig- in 2016. killed, hurt, or jailed for doing the ures, and the FSB. Further, he contin- Lesin was reported to have had a fall- work of the U.S. Government. ued to speak out against the Putin gov- ing out with two members of Putin’s The United States and Western coun- ernment and expose Kremlin corrup- inner circle, including a longtime tries more broadly must understand tion. friend known as Putin’s banker. Lesin that these attacks are not random; Because of these actions, the Kremlin was found dead in a Washington, DC, they are part of a pattern, a doctrine of branded Litvinenko a traitor. He re- hotel room in November of 2015. The hybrid warfare being expressed across ceived threatening emails from a DC coroner concluded that the death the globe. We need to understand that former colleague who told him to was accidental and that he died alone, assassinations, violence, threats, and ‘‘start writing a will.’’ Litvinenko was despite noting that Lesin had sustained intimidation are tools and tactics that later poisoned with polonium-210. The blunt force injuries to his neck, torso, Putin is using to achieve strategic or poisoning also served as a deterrent to and upper and lower extremities. Lesin foreign policy goals, and these activi- others. was allegedly planning to tell the se- ties are harming our national security. The day after Litvinenko’s death, a crets of a major component of the For instance, the New York Times member of the Russian Parliament Kremlin’s hybrid warfare operations to reported in August that vital Kremlin stated: the Justice Department when he ap- informants have gone silent, leaving The deserved punishment reached the trai- peared to have conveniently died be- our intelligence community in the tor. I am sure his death will be a warning to fore he could explain its inner work- dark about what Russia’s plans are for all the traitors that Russian treason will not ings. November’s midterm elections. The re- be forgiven. Similar to other dirty active meas- port continues that American officials Litvinenko’s poisoning served as a ures campaigns, the Kremlin unleashed familiar with the intelligence ‘‘con- prologue for the poisoning of Sergei a disinformation campaign to ensure cluded they have gone to ground amid Skripal 12 years later. Skripal was a plausible deniability and generate con- more aggressive counterintelligence by former Russian military intelligence fusion about the circumstances sur- Moscow, including efforts to kill officer who was convicted of being a rounding his death. Here, too, Lesin ap- spies.’’ double agent and sentenced to prison. pears to fit the pattern of being tar- These are not just brutal tragedies or As I mentioned earlier, he was traded geted for revealing aspects of the hy- incidents; the use of dirty active meas- as part of a spy swap in 2010. He was brid warfare campaigns that the Krem- ures are purposeful and are intended to given asylum in the United Kingdom. lin has come to rely on. advance Putin’s agenda short of using Press reports indicate that, similar to In what appears to have been an even tools of conventional warfare. Litvinenko, Skripal appeared to have more brazen move for Putin, he en- The United States must lead with been working with the Spanish, Czech, gaged in dirty active measures while strong denouncements against dirty and Estonian intelligence services. the whole world was watching. While active measures and all other hybrid This March, he and his daughter were standing next to President Trump in tactics used by Russia or any other poisoned by novichok sprayed on the Helsinki, President Putin proposed country. It is particularly critical that door handle of his Salisbury, England, that he would allow Special Counsel the President denounce Russian home. In conjunction with the assas- Mueller to interview the 12 Russian threats against U.S. officials for their sination attempt, Kremlin officials de- military intelligence officers indicted actions in carrying out U.S. foreign flected, denied, and deployed absurd on charges of ‘‘large-scale cyber oper- policy or advancing our national secu- propaganda and disinformation. They ations to interfere with the 2016 Presi- rity interests. Instead, the President’s unleashed an estimated 2,800 bots to dential election.’’ But there was a deference to Putin at Helsinki sent the cast doubt on Prime Minister May’s as- catch. Putin announced that in return, wrong signal to Putin in the face of his sessment that Russia was responsible he would expect that Russian authori- threats. and to amplify divisions among the ties would be able to question current Fortunately, the Senate has taken British people. They blamed the West and former U.S. Government officials some action, including voting 98 to 0 to for the poisoning and suggested it was whom Putin described as having protect our diplomats and other gov- a hoax. Once the UK named suspects ‘‘something to do with illegal actions ernment officials implementing U.S. and pointed a finger at Russian mili- on the territory of Russia.’’ President policy after Putin requested they be tary intelligence, the two alleged per- Trump stood next to President Putin turned over for questioning. However, petrators went on TV and absurdly during this disinformation operation our government must speak with one claimed to be sports nutritionists with and endorsed it as being an ‘‘incred- voice and send consistent messages a yearning desire to visit a Salisbury ible’’ offer that he and his administra- that this kind of action will not be tol- cathedral. tion actually considered. erated and that Putin will pay con- Again, these killings are part of a The very next day, Russian officials sequences for his behavior. pattern. Both Litvinenko and Skripal announced a list of 11 accused ‘‘crimi- While it is important that we respond were part of security services. They nals’’ whom they wanted to interrogate to these attacks, including with un- turned on the state and were deemed because, in the course of doing the equivocal denouncements of these tac- traitors. Even when they appeared to work of the United States of America, tics by the President and by the Con- be safe, they were targeted for dirty ac- they took stances that the Kremlin op- gress, we should not be in the business tive measures, sending the message posed. Among those listed was a con- of trying to respond to these attacks that the Kremlin was the ultimate ar- gressional staffer who helped write the symmetrically. Putin resorts to using biter and that they could reach trai- Magnitsky sanctions act and former these tactics because he believes they tors anytime or anywhere. This mes- U.S. Ambassador to Russia Michael give him an advantage over the West. sage was also directed at others who McFaul, who served as the point person We need to stay true to our ideals of might wish to expose Putin’s secrets in during the Obama Administration and democracy, human rights, and liberty.

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.043 S10OCPT1 S6766 CONGRESSIONAL RECORD — SENATE October 10, 2018 We don’t need to normalize or legiti- Because the Kremlin has based its eco- sure to isolate those who flout or do mize these methods by engaging in nomic model and its survival on kleptocracy, not enforce sanctions on Russia. them ourselves. Doing so would simply sanctions and other policy instruments dedi- Another form of pressure should be cated to preventing the furtherance of cor- an increase in assistance to pro-democ- create a false moral equivalence that ruption—or worse yet in the minds of the plays right into Putin’s hands. Instead, Kremlin, to providing accurate information racy and civil society groups in Russia we must employ responses that play to to the Russian people of the extent of this and in nations of the former Soviet our strengths. We stand for trans- corruption—are a powerful countermeasure Union. Working with these groups in parency and accountability in the to Russia’s malign behavior. conjunction with our allies, partners, United States. We stand for the rule of The Magnitsky sanctions, along with and the private sector would provide law. We must develop and implement a those designated under the Countering another means of raising the costs of comprehensive strategy that deploys America’s Adversaries Through Sanc- Putin and his oligarchs. Putin is tools that are consistent with and tions Act, or CAATSA, threaten threatened by the success of democ- showcase these values. We must shine a Putin’s power structure and present a racies and private enterprise. light on corruption at the highest lev- counter-narrative of corruption and In addition to sanctions, we must els of the Putin regime. We must shine abuse by the Kremlin. continue to play a strong role in law a light on how Putin’s cronies are hid- We need to continue to use these enforcement, along with our allies and ing their ill-gotten gains in the West. sanctions to hold those who are partners. That includes aggressive We must deploy a systematic and stra- complicit in dirty active measures and prosecution of murders and threats of tegic messaging campaign that those who are responsible for aggres- violence to limit the impunity. With counters the base of Putin’s power, rep- sion, corruption, and interfering in our Litvinenko, it took almost 10 years for utation, and funding. elections accountable. Ratcheting up the United Kingdom to have an official We must take these actions in con- sanctions on those in Putin’s inner cir- inquiry into the assassination. The cert with our allies and partners. In re- cle is a way to make Putin and his cro- United Kingdom has acted quicker in sponse to the Skripal poisoning, the nies feel pain and has the potential to the wake of the Skripal poisoning, United States expelled 60 Russian dip- change their behavior. Additional sanc- moving to identify suspects and hold lomats, joining with more than 25 ally tions should be imposed on oligarchs the Kremlin accountable for these ac- and partner nations in applying diplo- and high-ranking government officials tions. We need to adopt UK’s lessons matic pressure on Russia. This action to target Putin’s base of power and fur- learned to ensure that those who seek sent a strong signal that the world ther expose the corrupt nature of their to use these weapons will be prosecuted would not allow Putin to act with im- sources of income. fully and without delay. punity. When we act together with our We should also consider declassifying We have missed too many of these allies and partners to push back the so-called 241 report compiled by the dirty active measures operations for against these hybrid operations, it im- intelligence community along with the far too long. We must recognize this is poses a cost to Putin’s reputation on Departments of Treasury and State. an element of Russia’s hybrid warfare. the world stage, which thwarts one of This report required an assessment of We must not fail to have the imagina- his major strategic interests. the net worth of senior Kremlin offi- tion to see what is happening right be- While these steps were in the right cials and oligarchs, their relationship fore our eyes. We must do more to direction, they have been undermined to Putin and his inner circle, and evi- identify and attribute these attacks by the President’s words and actions. dence of corrupt practices. If we were from Russia. These attacks have only Despite punitive measures in response to release such a report—with grown more brazen and will not stop to the Skripal poisoning, the Kremlin redactions for portions with national unless we take strong measures to thought that the Helsinki summit security implications—to the public, it counter them and send the message erased that damage. Press reports indi- would further expose malign activity that dirty active measures are unac- cate that Western and U.S. intelligence and unexplained streams of wealth. ceptable and will be costly to Russia or agencies assessed that the Kremlin was Congress has provided many tools for any other country which uses them. pleased with the outcome of the sum- the administration to implement, and I yield the floor. mit at Helsinki and is confused as to it is time to utilize them fully. Imple- I suggest the absence of a quorum. why President Trump is not imple- menting them in a transparent, public The PRESIDING OFFICER (Mr. SUL- menting more Russia-friendly policies. manner is likely to cause reputational LIVAN). The clerk will call the roll. One important tool in our arsenal for harm to Putin himself and restore a The senior assistant legislative clerk holding the Kremlin accountable is level of confidence in the administra- proceeded to call the roll. sanctions, including those on Putin’s tion here at home. However, specifi- Mr. MCCONNELL. Mr. President, I inner circle. In particular, sanctions cally targeting sanctions this way is ask unanimous consent that the order implemented under the Magnitsky Act unlikely to cause large-scale harm to for the quorum call be rescinded. appear to be particularly threatening the Russian people or to our European The PRESIDING OFFICER. Without to him. This act was passed in response allies. objection, it is so ordered. to the death of Sergei Magnitsky, who It is very clear that implementing UNANIMOUS CONSENT AGREEMENT uncovered massive tax fraud and cor- sanctions is far more effective when Mr. MCCONNELL. Mr. President, I ruption that was traced back to Krem- done with the cooperation of the inter- ask unanimous consent that notwith- lin officials. He was arrested in Russia national community. The most effec- standing the provision of rule XXII, all and placed in jail, where he was tor- tive sanctions regimes are those that postcloture time on the Clark nomina- tured until he died. are implemented in a multilateral tion be considered expired at 12:10 p.m. The origins of the Magnitsky Act fashion. on Thursday, October 11, and that if were to hold accountable those in the I urge the administration to engage confirmed, the motion to reconsider be Russian Government who were with our allies and partners to coordi- considered made and laid upon the complicit in Magnitsky’s abuse and nate sanctions enforcement and further table and the President be immediately death by sanctioning their assets and escalatory steps as warranted. That in- notified of the Senate’s action. barring them from receiving American cludes working through diplomatic The PRESIDING OFFICER. Without visas. Subsequently, the Magnitsky channels to ensure that the sanctions objection, it is so ordered. Act has been expanded to include oth- placed on Russia by the European f ers who are culpable of acts of signifi- Union remain in place. A coordinated cant corruption and abuse. front of the United States and our Eu- LEGISLATIVE SESSION Russia expert Heather Conley of the ropean allies provides the greatest Center for Strategic and International chance of successful implementation of Studies testified recently at a Banking sanctions and deterring further aggres- MORNING BUSINESS Committee hearing about the signifi- sion by Russia. Mr. MCCONNELL. Mr. President, I cance of the Magnitsky sanctions to The administration must also place a ask unanimous consent that the Sen- Putin. She said: premium on exerting diplomatic pres- ate proceed to a period of morning

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.044 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6767 business, with Senators permitted to mortgage and trying to keep up with cent of American adults under age 65 have speak therein for up to 10 minutes other bills, a short-term plan can help pre-existing conditions that would leave each. them achieve some measure of cov- them uninsurable in the individual market. The PRESIDING OFFICER. Without erage without compounding their fi- More recently, 57 percent of Americans re- sponding to a poll said that they or someone objection, it is so ordered. nancial worries. There is a role for in their household suffers from a pre-existing f these plans, and I believe that we condition. These numbers include 590,000 should work together to address these S.J. RES. 63 Mainers, roughly 45 percent of the State’s real-world situations. population. Ms. COLLINS. Mr. President, earlier The underlying flaw in the Affordable I want to make clear that my concern is to today I voted in support of the resolu- Care Act is that it does not provide af- protect individuals with pre-existing condi- tion offered by Senator BALDWIN to roll fordable coverage, but I believe this tions, not to defend the individual mandate. back rules adopted in August by the flaw can be addressed without jeopard- Data show that the individual mandate is highly regressive—80 percent of those who Trump administration that would izing protections for individuals with pay the fine make less than $50,000 per year. allow individuals to purchase so-called preexisting conditions. In fact, earlier The Supreme Court was right to find that short-term, limited duration health in- this year, I offered legislation with my the individual mandate is not within the surance plans for up to 1 year. The good friend LAMAR ALEXANDER that powers granted to Congress under the Com- Obama administration had previously would have done exactly that. Our bill, merce Clause, and Congress was right in limited the duration of such plans to 3 would have funded cost-sharing reduc- eliminating the individual mandate’s pen- months. I rise now to explain why I tions, reformed the section 1332 waiver alty through the passage of the Tax Cuts and Jobs Act, P.L. 115–97. chose to support the resolution and, be- program, and provided $30 billion over 3 I do not dispute your contention that the yond that, to note the critical need to years to support State reinsurance or individual mandate will cease to be constitu- take action to protect individuals who invisible high-risk pools—methods tional as a tax when it no longer produces have no other affordable health insur- proven to reduce rates without dis- revenue, beginning in 2019. But it does not ance option. criminating against those with pre- follow that eliminating this penalty requires First, as proponents of the resolution existing conditions. Furthermore, that important consumer protections—such have noted, short-term limited dura- healthcare experts at Oliver Wyman as provisions ensuring that Americans with pre-existing conditions have access to health tion plans do not provide protections projected that our bill would have low- insurance—must also fall. In my view, the for enrollees who suffer from pre- ered individual health insurance pre- severability argument you outlined in your existing conditions. As I have often miums in the individual market by as letter is focused on the wrong period of time: emphasized, it is essential that individ- much as 40 percent compared to what severability should not be measured by uals who suffer from preexisting condi- people would otherwise pay, while also Congress’s intent in 2010, when the Afford- tions are covered. In June of this year, expanding coverage to an additional 3.2 able Care Act was passed into law, but rather I wrote to Attorney General Sessions million individuals. by Congress’s intent in 2017, when Congress urging him to reconsider his decision Unfortunately—and incredibly—when amended it through the Tax Cuts and lobs we tried to advance this legislation, Act. It is implausible that Congress intended not to defend provisions protecting in- protections for those with pre-existing condi- dividuals with preexisting conditions the Democratic leaders blocked it. tions to stand or fall together with the indi- in ongoing litigation challenging the I remain deeply disappointed that vidual mandate, when Congress affirma- Affordable Care Act in Federal court in members on the other side of the aisle tively eliminated the penalty while leaving Texas. As I noted in my letter, striking chose to derail legislation that could these critical consumer protections in place. down these protections is no small have lowered rates for the 18 million If Congress had intended to eliminate these matter: Americans who get their health insur- consumer protections along with the indi- ‘‘In 2016, the Kaiser Family Founda- ance coverage from the individual mar- vidual mandate, it could have done so. It ket. I am also disappointed that we chose not to. tion estimated that 27 percent of Amer- Your letter states that it is ‘‘rare’’ for the ican adults under age 65 have pre-exist- again find ourselves in an ‘‘all or noth- Department to forgo defense of duly enacted ing conditions that would leave them ing, take it or leave it’’ situation. I can statutes. The Department should do its duty uninsurable in the individual market. only hope that some of the energy now and defend the important consumer protec- More recently, 57 percent of Americans stoking partisan animosity will be re- tions in the ACA, particularly those that en- responding to a poll said that they, or directed soon toward finding sure that people with pre-existing conditions someone in their household, suffers healthcare solutions that work for all can secure insurance. from a pre-existing condition. These Americans. Sincerely, There being no objection, the mate- SUSAN M. COLLINS, numbers include 590,000 Mainers, United States Senator. roughly 45 percent of the state’s popu- rial was ordered to be printed in the lation.’’ RECORD, as follows: f Mr. President, I ask unanimous con- U.S. SENATE, U.S.-ISRAEL RELATIONSHIP sent that my letter be printed in the Washington, DC, June 27, 2018. Mr. MENENDEZ. Mr. President, RECORD immediately following my re- Re Texas v. United States, No. 4:18–cv–00167– today I want to once again reaffirm O (N,D. Tex.). marks. that the U.S. Congress stands firmly At the same time, we cannot ignore Hon. JEFF SESSIONS, behind a strong U.S.-Israel relation- Attorney General, U.S. Department of Justice, the fact that many individuals lack an ship. As threats to Israel continue to affordable health insurance option. For Washington, DC. DEAR ATTORNEY GENERAL SESSIONS: I am increase, as her enemies continue to example, individuals who earn more writing regarding the Department’s recent grow ever closer, the United States will than 400 percent of the Federal poverty decision not to defend critical consumer pro- stand firm in our commitments. level—about $49,000—are not entitled to tections in ongoing litigation challenging Despite partisanship interfering with the ACA’s premium tax credits and the Affordable Care Act (ACA) before the so many pressing policy issues today, must shoulder the full cost of plans United States District Court for the North- an overwhelming majority of members they purchase in the exchange. For a ern District of Texas. I urge you to recon- of all political parties continue to reaf- 64-year-old male living in Caribou, ME, sider your position and to defend these crit- ical protections for individuals with pre-ex- firm congressional support for this re- this amounts to about $9,500 for the isting conditions like asthma, arthritis, can- lationship. cheapest bronze plan—or nearly 20 per- cer, diabetes, and heart disease. Congress continues to fully fund the cent of his income—far too expensive. In your June 7, 2018. letter to Speaker unprecedented $38 billion of memo- Based on the statistics I have already Ryan explaining the Department’s decision, randum of understanding for military cited, there is a better than even you argue that the ACA’s provisions pro- aid and will continue to do so on a bi- chance that this individual suffers tecting people with pre-existing conditions partisan basis. from a preexisting condition. are not severable from the individual man- Congress continues to authorize and Individuals who lose their jobs and date, and cannot survive if that provision is fund missile codevelopment programs, struck down as unconstitutional. Respect- their healthcare coverage along with it fully, I disagree, like Iron Dome, David’s Sling, and may also benefit from these plans. If This is no small matter. In 2016, the Kaiser Arrow 3, and will continue to do so on someone is struggling to pay rent or a Family Foundation estimated that 27 per- a bipartisan basis.

VerDate Sep 11 2014 02:51 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\G10OC6.045 S10OCPT1 S6768 CONGRESSIONAL RECORD — SENATE October 10, 2018 Congress passed the Taylor Force presents free, community concerts fea- powerment, the fight against racism Act, making clear that the United turing the Mighty Wurlitzer, the rare and discrimination, and efforts to States will not provide assistance that 1927 pipe organ, one of only three ever strengthen families and communities. directly benefits the Palestinian Au- made. There is a seats for From voting rights to civil rights, from thority until it stops incentivizing vio- servicemembers initiative that offers affordable housing to pay equity, from lence by paying salaries to prisoners preferred orchestra seating to our mili- violence prevention to healthcare re- convicted of terrorism against Israeli tary families. There are arts scholar- form, YWCA has been a force for or American citizens. ships, summer theater programs, and progress for 160 years. Should there be any question about special opportunities for students to With the help of 210 local associa- where the entirety of the U.S. Senate— experience live theater productions. tions, across 46 States and the District Democrats and Republicans—stand, all Ninety years ago, Rhode Islanders of Columbia, this organization con- 100 Senators signed a letter calling for flocked to the Loew’s Theatre Building tinues to serve over 2 million women, Israel’s inclusion in the Global Entry to share in something grand. We are girls, and their families each year. Program. grateful for the steady leadership and Being one of the largest networks for Our relationship with Israel is rooted many contributions of the board of di- domestic violence and sexual assault in this bipartisanship. We are stronger rectors, dedicated staff, and generous services in the country, the YWCA for it, and so is Israel. It is dis- benefactors who have made this his- reaches over half a million women and appointing to see some try to drive a toric landmark a living institution girls annually. Furthermore, commu- political wedge in this historical sup- that continues to enrich the cultural nity YWCA associations reach over port. life of our community. The Providence 260,000 women with economic empower- Those who would try to use Israel or Performing Arts Center is still grand. ment programs and over 160,000 people support for the U.S.-Israel relationship May it continue to be so for genera- through their racial justice education as a political football are not helping tions to come. and training programs. this relationship, nor are they helping f In my home State of North Dakota, promote either American or Israeli se- the YWCA Cass Clay and the YWCA curity. Along with my colleagues on ADDITIONAL STATEMENTS Minot have been a trusted place for both sides of the aisle, I will continue women and children to turn as they es- to be a vocal advocate for a robust TRIBUTE TO LISA C. FREEMAN cape violence, homelessness, and crisis. U.S.-Israel relationship rooted in Through these services, they are ful- strong bipartisan support. ∑ Ms. DUCKWORTH. Mr. President, I filling their mission to provide safety, f rise today to honor Lisa C. Freeman security, and hope to those who need it for becoming the first female president most. 90TH ANNIVERSARY OF THE of Northern Illinois University, NIU. When I came to the Senate, the Vio- LOEW’S THEATER BUILDING Lisa C. Freeman was appointed presi- lence Against Women Act, or VAWA, Mr. REED. Mr. President, I join the dent of NIU in September of 2018, be- was the first bill that I cosponsored, city of Providence and the State of coming the first permanent female and I am proud that it worked to give Rhode Island in celebrating the 90th president in NIU’s 123-year history. She victims of abuse the resources they anniversary of the Loew’s Theatre has been a member of NIU’s senior need to seek justice and recover for the Building, home of the Providence Cen- leadership team and a professor of biol- trauma they experienced. I am still ter for the Performing Arts. From si- ogy since 2010. She became executive working to prevent those programs lent films to the Mighty Wurlitzer to vice president and provost in May 2014. from expiring, and I am proud that the live concerts and Broadway produc- Throughout her time at NIU, Freeman North Dakota chapters of YWCA have tions, the Loew’s Theatre Building has has worked to support all aspects of helped protect women and children, es- delighted, educated, and entertained the university’s mission, emphasizing pecially in the continuing crisis of vio- generations of Rhode Islanders. NIU’s continued commitments to pro- lence against women in tribal commu- On October 6, 1928, the theater opened moting the social mobility of students, nities. its doors to more than 14,000 people producing high impact scholarship, and I am grateful for my partnership who came to see its splendor and the engaging with the region. Prior to join- with YWCA in advocating for children silent film ‘‘Excess Baggage.’’ Designed ing NIU, Freeman dedicated 16 years to who have experienced trauma. Trau- by the renowned theater architects serving as a faculty member at Kansas matic experiences, like abuse or a par- George and C.W. Rapp, the Loew’s The- State University. She also served as ent’s substance use disorder, can lead atre featured marble columns, gilded the associate vice president for innova- to health and behavior complications plasterwork, and crystal chandeliers. tion for K-State Olathe. later in life. Children and youth who After early years of success, the the- Freeman has been widely recognized have experienced four or more trau- ater saw a decline in its economic for- for her important contributions to her matic events are three times more at tunes as movie attendance waned. The professions. Among those honors and risk of heart disease or lung cancer, theater sustained damage during the awards are Outstanding Veterinarian while those who have experienced six hurricanes of 1938 and 1954 and barely of the Year, 2002, Castle Bank Commu- or more traumatic events are 30 times escaped demolition in the 1970s. Fortu- nity Leader, 2015, and the NIU Trans- more likely to attempt suicide. The nately, local leaders stepped in to save Action Ally, 2018. YWCA has promoted my Trauma In- this landmark. In 1977, the Loew’s The- I commend Lisa’s hard work, passion, formed Care for Children and Families atre Building was officially listed on and commitment to inspiring and em- Act, which is a critical step to address the National Register of Historic powering our next generation of lead- childhood trauma in the United States. Places, and the following year, a non- ers, entrepreneurs, educators, artists, I will continue to stand in solidarity profit organization was founded to re- engineers, and professionals. May her with the YWCA in North Dakota and store its luster and establish a per- continued leadership serve as an inspi- the rest of the country in strong sup- forming arts center for the community ration to us all.∑ port of their mission to eliminate rac- to enjoy. f ism, empower women, stand up for so- Today the Providence Performing cial justice, help families, and Arts Center is a hub of cultural activ- 160TH ANNIVERSARY OF YWCA USA strengthen communities. ity. It not only brings top-flight pro- Congratulations to the YWCA on 160 ductions to town but also offers a ∑ Ms. HEITKAMP. Mr. President, I years of improving the lives of women broad selection of community outreach want to proudly applaud the work of and girls all over the country.∑ programs, fulfilling its mission of serv- YWCA USA as they celebrate an in- f ing ‘‘the entertainment needs of the credible milestone. For 160 years, they State’s various populations by pre- have been at the forefront of the Na- TRIBUTE TO GENO MARTINI senting the widest possible variety of tion’s most critical movements. They ∑ Mr. HELLER. Mr. President, today I arts and cultural events.’’ The center have led the charge in women’s em- wish to recognize the retirement of

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.036 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6769 city of Sparks Mayor Geno Martini, a ant to law, a six-month periodic report on ment and Budget (OMB) Circular A–123; to dedicated public servant, a proven the national emergency with respect to the the Committee on Homeland Security and leader in northern Nevada, and a situation in or in relation to the Democratic Governmental Affairs. friend. As a citizen of Sparks for 71 Republic of the Congo that was declared in EC–6783. A communication from the Direc- Executive Order 13413 of October 27, 2006; to tor of Regulation, Legislation, and Interpre- years, Mayor Martini has been an inte- the Committee on Banking, Housing, and tation, Wage and Hour Division, Department gral part of our community, and is a Urban Affairs. of Labor, transmitting, pursuant to law, the Nevadan through and through. EC–6775. A communication from the Sec- report of a rule entitled ‘‘Minimum Wage for As a Sparks High School and Univer- retary of the Treasury, transmitting, pursu- Contractors; Updating Regulations to Re- sity of Nevada, Reno, graduate, Mayor ant to law, a six-month periodic report on flect Executive Order 13838’’ (RIN1235–AA27) Martini has devoted his life to improv- the national emergency with respect to received in the Office of the President of the ing the community he is proud to call Sudan that was declared in Executive Order Senate on October 4, 2018; to the Committee home. Mayor Martini served as mayor 13067 of November 3, 1997; to the Committee on Homeland Security and Governmental Af- of Sparks for over 13 years and was also on Banking, Housing, and Urban Affairs. fairs. EC–6776. A communication from the Assist- EC–6784. A communication from the Acting a member of the Sparks City Council. ant Secretary for Export Administration, Assistant Secretary for Legislation, Depart- He has played an instrumental role in Bureau of Industry and Security, Depart- ment of Health and Human Services, trans- a number of projects that benefit the ment of Commerce, transmitting, pursuant mitting, pursuant to law, a report entitled Sparks community. Whether it is his to law, the report of a rule entitled ‘‘2017 Annual Report to the Congress on the work on the North Truckee Drain ‘‘Wassenaar Arrangement 2017 Plenary Native Hawaiian Revolving Loan Fund’’; to project that helps prevent flooding for Agreements Implementation’’ (RIN0694– the Committee on Indian Affairs. businesses and homeowners or his ef- AH44) received in the Office of the President EC–6785. A communication from the Fed- of the Senate on October 9, 2018; to the Com- forts to redevelop the Sparks Marina eral Liaison Officer, Patent and Trademark mittee on Banking, Housing, and Urban Af- Office, Department of Commerce, transmit- and transform an abandoned parking fairs. ting, pursuant to law, the report of a rule en- structure into a beautiful apartment EC–6777. A communication from the Chief titled ‘‘Changes to the Claim Construction home community, Mayor Martini’s leg- Counsel, Federal Emergency Management Standard for Interpreting Claims in Trial acy of leadership will be preserved Agency, Department of Homeland Security, Proceedings Before the Patent Trial and Ap- through the positive impact that his transmitting, pursuant to law, the report of peal Board’’ (RIN0651–AD16) received in the work will have on this community for a rule entitled ‘‘Suspension of Community Office of the President of the Senate on Oc- generations to come. Eligibility; Georgia: Acworth, City of, Cobb tober 9, 2018; to the Committee on the Judi- County, et al.’’ ((44 CFR Part 64) (Docket No. ciary. His colleagues credit the develop- FEMA–2018–0002)) received in the Office of ment and revitalization of downtown EC–6786. A communication from the Regu- the President of the Senate on October 4, lation Policy Development Coordinator, Of- Sparks to Mayor Martini’s efforts. We 2018; to the Committee on Banking, Housing, fice of Regulation Policy and Management, have seen tremendous economic growth and Urban Affairs. Department of Veterans Affairs, transmit- in the city of Sparks and much of that EC–6778. A communication from the Presi- ting, pursuant to law, the report of a rule en- would not have been possible without dent of the United States, transmitting, pur- titled ‘‘VA Acquisition Regulation: Describ- the leadership of Mayor Martini. suant to law, a report relative to the des- ing Agency Needs; Contract Financing’’ Additionally, Mayor Martini is a ignation as an emergency requirement the (RIN2900–AP81) received in the Office of the amount (including the transfer of funds) so longtime advocate for those who serve President of the Senate on October 4, 2018; to designated by the Congress in the FAA Reau- the Committee on Veterans’ Affairs. the city and has worked to provide sup- thorization Act of 2018, pursuant to section port to the community’s residents who EC–6787. A communication from the Chief 251 (b) (2) (A) of the Balanced Budget and of Staff, Media Bureau, Federal Communica- are in need. For instance, he helped to Emergency Deficit Control Act of 1985, for tions Commission, transmitting, pursuant to increase funding for Sparks’ police and the Community Development Fund; to the law, the report of a rule entitled ‘‘Television fire departments and played a key role Committee on the Budget. Broadcasting Services; Block Island and in the creation of the community as- EC–6779. A communication from the Acting Newport, Rhode Island’’ ((MB Docket No. 18– sistance center to shelter and offer out- Assistant Secretary for Legislation, Depart- 153) (DA 18–962)) received in the Office of the ment of Health and Human Services, trans- President of the Senate on October 4, 2018; to reach to individuals and families who mitting, pursuant to law, a report entitled, are homeless. Further, he helps at-risk the Committee on Commerce, Science, and ‘‘Review of Medicare’s Program for Over- Transportation. children in our community who cannot sight of Accrediting Organizations and the EC–6788. A communication from the Asso- otherwise participate in recreation pro- Clinical Laboratory Improvement Validation ciate Chief of Infrastructure and Policy, grams due to financial hardships by Program: Fiscal Year 2017’’; to the Com- Wireline Telecommunications Bureau, Fed- raising funds for the Sparks Youth mittee on Finance. eral Communications Commission, transmit- Scholarship Program. EC–6780. A communication from the Assist- ting, pursuant to law, the report of a rule en- I congratulate Mayor Martini on his ant Secretary, Legislative Affairs, Depart- titled ‘‘Accelerating Wireless Broadband De- ment of State, transmitting, pursuant to retirement and thank him for his years ployment by Removing Barriers to Infra- section 36(c) of the Arms Export Control Act, structure Investment’’ ((FCC 18–133) (WT of service to our community. Sparks the certification of a proposed license for the and Nevada are better places because of Docket No. 17–79; WC Docket No. 17–84)) re- export of defense articles, including tech- ceived in the Office of the President of the Mayor Martini, and his efforts and nical data and defense services to Malaysia ∑ Senate on October 4, 2018; to the Committee stewardship will not be forgotten. to support the transfer of six MD530G Scout/ on Commerce, Science, and Transportation. Attack helicopters, one MD530G Flight f EC–6789. A communication from the Divi- Training device, and MD530G training to Ma- sion Chief, Wireline Competition Bureau, EXECUTIVE AND OTHER laysian Army in the amount of $50,000,000 or Federal Communications Commission, trans- COMMUNICATIONS more (Transmittal No. DDTC 18–044); to the mitting, pursuant to law, the report of a rule Committee on Foreign Relations. entitled ‘‘Toll Free Assignment Moderniza- The following communications were EC–6781. A communication from the Direc- tion’’ ((FCC 16–137) (WC Docket No. 17–192; laid before the Senate, together with tor of Regulations and Policy Management CC Docket No. 95–155)) received in the Office accompanying papers, reports, and doc- Staff, Food and Drug Administration, De- of the President of the Senate on October 9, uments, and were referred as indicated: partment of Health and Human Services, 2018; to the Committee on Commerce, transmitting, pursuant to law, the report of EC–6772. A communication from the Sec- Science, and Transportation. a rule entitled ‘‘Food Additives Permitted in retary of Defense, transmitting a report on EC–6790. A communication from the Under Feed and Drinking Water of Animals; 25- the approved retirement of General Vincent Secretary of Defense (Comptroller), trans- Hydroxyvitamin D3’’ ((21 CFR Part 573) K. Brooks, United States Army, and his ad- mitting, pursuant to law, a report relative to (Docket No. FDA–2013–F–1540 and FDA–2014– vancement to the grade of general on the re- violations of the Antideficiency Act that in- F–0296)) received in the Office of the Presi- tired list; to the Committee on Armed Serv- volved fiscal year 2006 Procurement Marine dent of the Senate on October 5, 2018; to the ices. Corps (PMC) funds and was assigned case EC–6773. A communication from the Under Committee on Health, Education, Labor, and number 16–01; to the Committee on Appro- Secretary of Defense (Acquisition and Pensions. priations. Sustainment), transmitting, pursuant to EC–6782. A communication from the Chair- law, a report entitled ‘‘Fiscal Year 2017 In- man, National Transportation Safety Board, f ventory of Contracted Services’’; to the Com- transmitting, pursuant to law, the Board’s REPORTS OF COMMITTEES mittee on Armed Services. annual submission regarding agency compli- EC–6774. A communication from the Sec- ance with the Federal Managers’ Financial The following reports of committees retary of the Treasury, transmitting, pursu- Integrity Act and revised Office of Manage- were submitted:

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.043 S10OCPT1 S6770 CONGRESSIONAL RECORD — SENATE October 10, 2018 By Mr. CORKER, from the Committee on tunity tax credit with respect to hiring vet- ADDITIONAL COSPONSORS Foreign Relations, with an amendment in erans who are receiving educational assist- the nature of a substitute: ance under laws administered by the Sec- S. 322 H.R. 2200. A bill to reauthorize the Traf- retary of Veterans Affairs or Defense; to the At the request of Mr. PETERS, the ficking Victims Protection Act of 2000, and Committee on Finance. name of the Senator from Washington for other purposes. By Mr. CARDIN (for himself and Mr. (Mrs. MURRAY) was added as a cospon- f WICKER): sor of S. 322, a bill to protect victims of S. 3564. A bill to amend the Safe Drinking EXECUTIVE REPORTS OF domestic violence, sexual assault, Water Act and the Federal Water Pollution stalking, and dating violence from COMMITTEE Control Act to establish pilot programs to emotional and psychological trauma The following executive reports of assist low-income households in maintaining access to sanitation services and drinking caused by acts of violence or threats of nominations were submitted: water, and for other purposes; to the Com- violence against their pets. By Mr. INHOFE for the Committee on mittee on Environment and Public Works. S. 479 Armed Services. By Mrs. MCCASKILL (for herself and Army nomination of Gen. Robert B. At the request of Mr. BROWN, the Mr. CASSIDY): names of the Senator from California Abrams, to be General. S. 3565. A bill to amend title XI of the So- Navy nomination of Vice Adm. Craig S. cial Security Act to include additional cov- (Ms. HARRIS) and the Senator from Faller, to be Admiral. ered recipients for transparency reports re- Alaska (Mr. SULLIVAN) were added as Air Force nomination of Lt. Gen. Jerry D. quired of manufacturers of opioids; to the cosponsors of S. 479, a bill to amend Harris, Jr., to be Lieutenant General. Committee on Finance. title XVIII of the Social Security Act Navy nomination of Vice Adm. Andrew L. By Ms. HEITKAMP (for herself, Ms. to waive coinsurance under Medicare Lewis, to be Vice Admiral. SMITH, and Mr. MANCHIN): for colorectal cancer screening tests, Mr. INHOFE. Mr. President, for the S. 3566. A bill to amend the Internal Rev- regardless of whether therapeutic Committee on Armed Services I report enue Code of 1986 to modify the qualifying intervention is required during the favorably the following nomination advanced coal project credit; to the Com- mittee on Finance. screening. lists which were printed in the RECORDs By Mr. MERKLEY (for himself and Mr. S. 1299 on the dates indicated, and ask unani- WYDEN): At the request of Mr. PETERS, the mous consent, to save the expense of S. 3567. A bill to prohibit the use of funds name of the Senator from Connecticut reprinting on the Executive Calendar for the operation or construction of intern- (Mr. BLUMENTHAL) was added as a co- that these nominations lie at the Sec- ment camps, and for other purposes; to the sponsor of S. 1299, a bill to amend title retary’s desk for the information of Committee on the Judiciary. XVIII of the Social Security Act to re- Senators. By Ms. HEITKAMP: duce the occurrence of diabetes in The PRESIDING OFFICER. Without S. 3568. A bill to amend the Social Security Medicare beneficiaries by extending objection, it is so ordered. Act and Public Health Service Act to im- prove obstetric care in rural areas; to the coverage under Medicare for medical Air Force nominations beginning with Committee on Health, Education, Labor, and nutrition therapy services to such Bruce A. Abbott and ending with Shirley B. Pensions. beneficiaries with pre-diabetes or with Ziser, which nominations were received by By Mr. GARDNER: the Senate and appeared in the Congres- risk factors for developing type 2 dia- S. 3569. A bill to amend the Commodity Ex- betes. sional Record on June 18, 2018. change Act to extend the jurisdiction of the Air Force nominations beginning with Pat- Commodity Futures Trading Commission to S. 1989 rick C. Degraaf and ending with Christopher include the setting of reference prices for At the request of Ms. KLOBUCHAR, the L. Pridgen, which nominations were received aluminum premiums, and for other purposes; name of the Senator from Hawaii (Ms. by the Senate and appeared in the Congres- to the Committee on Banking, Housing, and HIRONO) was added as a cosponsor of S. sional Record on September 24, 2018. Urban Affairs. Army nominations beginning with Gary W. 1989, a bill to enhance transparency By Mr. TESTER: and accountability for online political Brock, Jr. and ending with John M. Wilson, S. 3570. A bill to establish a Federal cost which nominations were received by the Sen- share percentage for the St. Mary Storage advertisements by requiring those who ate and appeared in the Congressional Unit of the Milk River Project in the State purchase and publish such ads to dis- Record on June 20, 2018. of Montana; to the Committee on Energy close information about the advertise- Army nomination of John J. Kaikkonen, and Natural Resources. ments to the public, and for other pur- to be Lieutenant Colonel. By Mrs. GILLIBRAND: poses. Army nomination of Marc A. Patterson, to S. 3571. A bill to authorize the acquisition S. 2341 be Colonel. of land for addition to the Home of Franklin Army nomination of James B. Elledge, to D. Roosevelt National Historic Site in the At the request of Mr. TESTER, the be Colonel. State of New York, and for other purposes; name of the Senator from New Jersey Army nominations beginning with Micah to the Committee on Energy and Natural Re- (Mr. BOOKER) was added as a cosponsor B. Bell and ending with Tanya R. Trout, sources. of S. 2341, a bill to amend title 38, which nominations were received by the Sen- By Mr. PAUL: United States Code, to improve the ate and appeared in the Congressional S.J. Res. 65. A joint resolution relating to processing of veterans benefits by the Record on September 28, 2018. the disapproval of the proposed export to the Navy nominations beginning with Capt. Department of Veterans Affairs, to Government of the Kingdom of Bahrain of limit the authority of the Secretary of Marcus N. Fulton and ending with Capt. certain defense articles and services; to the Frank D. Hutchison, which nominations Committee on Foreign Relations. Veterans Affairs to recover overpay- were received by the Senate and appeared in ments made by the Department and the Congressional Record on September 11, f other amounts owed by veterans to the 2018. United States, to improve the due proc- Navy nomination of Tilford L. Clark, to be Commander. SUBMISSION OF CONCURRENT AND ess accorded veterans with respect to SENATE RESOLUTIONS such recovery, and for other purposes. (Nominations without an asterisk S. 2351 were reported with the recommenda- The following concurrent resolutions tion that they be confirmed.) and Senate resolutions were read, and At the request of Mr. CARDIN, the referred (or acted upon), as indicated: name of the Senator from Texas (Mr. f By Mr. TOOMEY (for himself and Mr. CRUZ) was added as a cosponsor of S. INTRODUCTION OF BILLS AND BENNET): 2351, a bill to amend the Higher Edu- JOINT RESOLUTIONS S. Res. 671. A resolution designating Sep- cation Act of 1965 to provide that an in- The following bills and joint resolu- tember 29, 2018, as ‘‘National Urban Wildlife dividual may remain eligible to par- tions were introduced, read the first Refuge Day’’ ; considered and agreed to. ticipate in the teacher loan forgiveness By Mr. COONS (for himself and Mr. and second times by unanimous con- program under title IV of such Act if GARDNER): the individual’s period of consecutive sent, and referred as indicated: S. Res. 672. A resolution expressing the By Ms. HEITKAMP (for herself, Mr. sense of Congress that electric cooperative years of employment as a full-time MORAN, and Ms. STABENOW): voluntary energy reduction programs reduce teacher is interrupted because the indi- S. 3563. A bill to amend the Internal Rev- energy consumption and save participants vidual is the spouse of a member of the enue Code of 1986 to provide the work oppor- money; considered and agreed to. Armed Forces who is relocated during

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.016 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6771 the school year pursuant to military voting member of the Financial Sta- of S. 3442, a bill to designate the facil- orders for a permanent change of duty bility Oversight Council, and for other ity of the United States Postal Service station, and for other purposes. purposes. located at 105 Duff Street in Macon, S. 2432 S. 3215 Missouri, as the ‘‘Arla W. Harrell Post At the request of Mr. YOUNG, the At the request of Mr. VAN HOLLEN, Office’’. name of the Senator from New Mexico the name of the Senator from New Jer- S. 3449 (Mr. HEINRICH) was added as a cospon- sey (Mr. MENENDEZ) was added as a co- At the request of Mr. MERKLEY, the sor of S. 2432, a bill to amend the char- sponsor of S. 3215, a bill to amend title name of the Senator from Hawaii (Mr. ter of the Future Farmers of America, 49, United States Code, to require the SCHATZ) was added as a cosponsor of S. and for other purposes. development of a bus operations safety 3449, a bill to amend the Internal Rev- S. 2884 risk reduction program, and for other enue Code of 1986 to extend certain tax At the request of Mr. TESTER, the purposes. credits related to electric cars, and for name of the Senator from New Mexico S. 3257 other purposes. (Mr. HEINRICH) was added as a cospon- At the request of Mr. CRUZ, the name S. 3505 sor of S. 2884, a bill to require the Sec- of the Senator from Colorado (Mr. BEN- At the request of Mr. ISAKSON, the retary of Veterans Affairs to develop a NET) was added as a cosponsor of S. name of the Senator from Virginia (Mr. standard letter format to be provided 3257, a bill to impose sanctions on for- WARNER) was added as a cosponsor of S. to individuals who are indebted to the eign persons responsible for serious 3505, a bill to provide for partnerships United States by virtue of their par- violations of international law regard- among State and local governments, ticipation in benefits programs admin- ing the protection of civilians during regional entities, and the private sec- istered by the Secretary, to provide no- armed conflict, and for other purposes. tor to preserve, conserve, and enhance tice of debt by electronic means to S. 3258 the visitor experience at nationally such individuals when so elected, and At the request of Ms. HEITKAMP, the significant battlefields of the American for other purposes. name of the Senator from Alabama Revolution, War of 1812, and Civil War, S. 2918 (Mr. JONES) was added as a cosponsor and for other purposes. At the request of Ms. HARRIS, the of S. 3258, a bill to amend the Trade S. 3517 name of the Senator from New Jersey Act of 1974 to provide adjustment as- At the request of Mr. UDALL, the (Mr. MENENDEZ) was added as a cospon- sistance to farmers adversely affected name of the Senator from Massachu- sor of S. 2918, a bill to amend the Reli- by reduced exports resulting from tar- setts (Mr. MARKEY) was added as a co- gious Freedom Restoration Act of 1993 iffs imposed as retaliation for United sponsor of S. 3517, a bill to limit the to protect civil rights and otherwise States tariff increases, and for other use of funds for kinetic military oper- prevent meaningful harm to third par- purposes. ations in or against Iran. ties, and for other purposes. S. 3321 S. 3540 S. 2957 At the request of Mr. COONS, the At the request of Mr. SCHUMER, the At the request of Mr. WARNER, the name of the Senator from North Da- name of the Senator from Minnesota names of the Senator from Washington kota (Mr. HOEVEN) was added as a co- (Ms. SMITH) was added as a cosponsor (Mrs. MURRAY) and the Senator from sponsor of S. 3321, a bill to award Con- of S. 3540, a bill to provide a coordi- New York (Mrs. GILLIBRAND) were gressional Gold Medals to Katherine nated regional response to manage ef- added as cosponsors of S. 2957, a bill to Johnson and Dr. Christine Darden and fectively the endemic violence and hu- amend the Horse Protection Act to des- to posthumously award Congressional manitarian crisis in El Salvador, Gua- ignate additional unlawful acts under Gold Medals to Dorothy Vaughan and temala, and Honduras. the Act, strengthen penalties for viola- Mary Jackson in recognition of their S.J. RES. 64 tions of the Act, improve Department contributions to the success of the Na- At the request of Mr. TESTER, the of Agriculture enforcement of the Act, tional Aeronautics and Space Adminis- names of the Senator from Minnesota and for other purposes. tration during the Space Race. (Ms. KLOBUCHAR), the Senator from S. 2971 S. 3338 Vermont (Mr. LEAHY), the Senator from New Mexico (Mr. HEINRICH), the At the request of Mr. BOOKER, the At the request of Mr. CARPER, the name of the Senator from Washington name of the Senator from Ohio (Mr. Senator from Wisconsin (Ms. BALDWIN), the Senator from Minnesota (Ms. (Mrs. MURRAY) was added as a cospon- BROWN) was added as a cosponsor of S. sor of S. 2971, a bill to amend the Ani- 3338, a bill to direct the Secretary of SMITH), the Senator from Maryland mal Welfare Act to prohibit animal Health and Human Services to finalize (Mr. CARDIN), the Senator from Maine fighting in the United States terri- certain proposed provisions relating to (Mr. KING), the Senator from Colorado tories. the Programs of All-Inclusive Care for (Mr. BENNET), the Senator from Indi- ana (Mr. DONNELLY), the Senator from S. 3020 the Elderly (PACE) under the Medicare Pennsylvania (Mr. CASEY), the Senator At the request of Mr. MARKEY, the and Medicaid programs. from Vermont (Mr. SANDERS), the Sen- name of the Senator from Michigan S. 3405 ator from Michigan (Ms. STABENOW), (Mr. PETERS) was added as a cosponsor At the request of Mr. JOHNSON, the the Senator from New Hampshire (Ms. of S. 3020, a bill to establish in the Bu- name of the Senator from West Vir- HASSAN), the Senator from Alabama reau of Democracy, Human Rights, and ginia (Mrs. CAPITO) was added as a co- (Mr. JONES), the Senator from North Labor of the Department of State a sponsor of S. 3405, a bill to reauthorize Dakota (Ms. HEITKAMP), the Senator Special Envoy for the Human Rights of the Chemical Facility Anti-Terrorism from Michigan (Mr. PETERS), the Sen- LGBTI Peoples, and for other purposes. Standards Program of the Department ator from New Jersey (Mr. MENENDEZ), of Homeland Security. S. 3063 the Senator from Hawaii (Ms. HIRONO), At the request of Mr. BARRASSO, the S. 3407 the Senator from Nevada (Ms. CORTEZ name of the Senator from West Vir- At the request of Ms. HEITKAMP, the MASTO), the Senator from New Jersey ginia (Mrs. CAPITO) was added as a co- name of the Senator from Alabama (Mr. BOOKER), the Senator from Vir- sponsor of S. 3063, a bill to delay the re- (Mr. JONES) was added as a cosponsor ginia (Mr. KAINE) and the Senator from imposition of the annual fee on health of S. 3407, a bill to offset retaliatory Connecticut (Mr. MURPHY) were added insurance providers until after 2020. duties against the United States by es- as cosponsors of S.J. Res. 64, a joint S. 3177 tablishing a fund to promote the ex- resolution providing for congressional At the request of Mr. SCOTT, the ports of United States agricultural disapproval under chapter 8 of title 5, name of the Senator from Nebraska commodities and products. United States Code, of the rule sub- (Mrs. FISCHER) was added as a cospon- S. 3442 mitted by the Department of the sor of S. 3177, a bill to amend the Fi- At the request of Mrs. MCCASKILL, Treasury relating to ‘‘Returns by Ex- nancial Stability Act of 2010 to include the name of the Senator from Missouri empt Organizations and Returns by the State insurance commissioner as a (Mr. BLUNT) was added as a cosponsor Certain Non-Exempt Organizations’’.

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.020 S10OCPT1 S6772 CONGRESSIONAL RECORD — SENATE October 10, 2018 S. CON. RES. 42 SUBMITTED RESOLUTIONS gram that saves participants money and en- courages reduced energy usage by notifying At the request of Ms. HARRIS, the participants of periods of peak energy con- name of the Senator from Virginia (Mr. SENATE RESOLUTION 671—DESIG- sumption; KAINE) was added as a cosponsor of S. NATING SEPTEMBER 29, 2018, AS Whereas participants in electric coopera- Con. Res. 42, a concurrent resolution ‘‘NATIONAL URBAN WILDLIFE tive voluntary energy reduction programs supporting America’s clean car stand- REFUGE DAY’’ such as ‘‘Beat the Peak’’— (1) receive alerts during periods of peak en- ards and defending State authority Mr. TOOMEY (for himself and Mr. ergy usage when the price for energy is ex- under the Clean Air Act to protect BENNET) submitted the following reso- pected to be high; and their citizens from harmful air pollu- lution; which was considered and (2) have the opportunity to decrease power tion. agreed to: usage when demand and price are at the highest level; S. RES. 671 S. RES. 220 Whereas participation in electric coopera- Whereas over 80 percent of people in the tive voluntary energy reduction programs At the request of Mr. MENENDEZ, the United States live in or near cities, which reduces energy costs for all cooperative name of the Senator from Maine (Ms. typically have limited opportunities for resi- members; COLLINS) was added as a cosponsor of S. dents to access nature and experience out- Whereas electric cooperatives are non- Res. 220, a resolution expressing soli- door recreation; profit utilities that transfer cost savings di- darity with Falun Gong practitioners Whereas the National Wildlife Refuge Sys- rectly to cooperative members; tem under the United States Fish and Wild- who have lost lives, freedoms, and Whereas the 4 hottest summers on record life Service manages 566 national wildlife have occurred during the 5-year period pre- rights for adhering to their beliefs and refuges that constitute a national network ceding the date of enactment of this resolu- practices and condemning the practice of land and water managed for the conserva- tion; of non-consenting organ harvesting, tion of fish, wildlife, and plants in the United Whereas extreme temperatures produce and for other purposes. States; sustained peak energy prices in competitive Whereas national wildlife refuges provide wholesale electricity markets; S. RES. 606 opportunities for people to discover and ap- Whereas electric cooperatives work to pro- preciate nature; At the request of Mr. BOOZMAN, the vide rural areas in the United States with Whereas there is a refuge located within a safe, reliable, and affordable electricity; names of the Senator from Maine (Ms. 1-hour drive of every metropolitan area in Whereas electric cooperatives operate 833 COLLINS) and the Senator from Alaska the United States; electric distribution centers and 62 electric (Mr. SULLIVAN) were added as cospon- Whereas the Urban Wildlife Conservation generation and transmission facilities; sors of S. Res. 606, a resolution express- Program under the United States Fish and Whereas electric cooperatives provide Wildlife Service— power to 42,000,000 people in the United ing the sense of the Senate that the (1) focuses on introducing people living in United States condemns all forms of vi- States and cover 56 percent of the landmass densely populated areas to the more than 100 of the United States; olence against children globally and national wildlife refuges near urban areas; Whereas Delaware Electric Cooperative, recognizes the harmful impacts of vio- and the first electric cooperative to create a lence against children. (2) promotes wildlife conservation and the ‘‘Beat the Peak’’ program, has saved mem- enjoyment of hunting, fishing, and other bers $27,000,000 over the 10-year period pre- S. RES. 629 wildlife-dependent recreational activities ceding the date of enactment of this resolu- close to where people live; tion and is on track to save members At the request of Mr. COONS, the Whereas the Urban Wildlife Conservation name of the Senator from Michigan $2,300,000 in 2018; Program focuses on public-private partner- Whereas over 90 electric cooperatives (Mr. PETERS) was added as a cosponsor ships— across the United States offer ‘‘Beat the (1) to improve wildlife conservation; and of S. Res. 629, a resolution expressing Peak’’ demand response programs; and (2) to promote access to recreation on and the sense of the Senate with respect to Whereas increased awareness of electric off national wildlife refuges, including rec- cooperative voluntary energy reduction pro- enhanced relations with the Republic reational activities such as hunting and fish- grams may result in many more electric co- of Moldova and support for Moldova’s ing; and operatives adopting and offering those pro- territorial integrity. Whereas by exploring community-centered grams: Now, therefore, be it approaches to address local needs, engaging Resolved, That the Senate— S. RES. 633 the next generation of anglers and hunters, (1) celebrates the economic and conserva- and providing infrastructure and safe access, At the request of Mrs. MCCASKILL, tion benefits of electric cooperative vol- the Urban Wildlife Conservation Program the name of the Senator from New untary energy reduction programs such as helps local organizations, cities, and towns ‘‘Beat the Peak’’; Mexico (Mr. HEINRICH) was added as a across the United States engage in conserva- (2) recognizes that voluntary energy reduc- cosponsor of S. Res. 633, a resolution tion activities: Now, therefore, be it expressing the sense of the Senate that Resolved, That the Senate— tion programs reduce energy usage, help the (1) designates September 29, 2018, as ‘‘Na- environment, and save money; Congress should take all appropriate (3) encourages electric cooperatives across measures to ensure that the United tional Urban Wildlife Refuge Day’’; (2) encourages the United States Fish and the United States— States Postal Service remains an inde- Wildlife Service to increase access to out- (A) to adopt voluntary energy reduction pendent establishment of the Federal door recreational opportunities for urban programs such as ‘‘Beat the Peak’’; and Government and is not subject to pri- communities; (B) to promote those programs to mem- bers; and vatization. (3) encourages the people of the United States to visit and experience the more than (4) commends electric cooperatives that S. RES. 665 100 urban national wildlife refuges of the offer and support voluntary energy reduction United States. programs. At the request of Ms. BALDWIN, the f name of the Senator from Idaho (Mr. f CRAPO) was added as a cosponsor of S. SENATE RESOLUTION 672—EX- AMENDMENTS SUBMITTED AND Res. 665, a resolution designating Octo- PRESSING THE SENSE OF CON- PROPOSED ber 2018 as ‘‘National Employee Owner- GRESS THAT ELECTRIC COOPER- SA 4053. Mr. COTTON submitted an amend- ship Month’’. ATIVE VOLUNTARY ENERGY RE- ment intended to be proposed by him to the DUCTION PROGRAMS REDUCE bill S. 3523, to amend title 10, United States S. RES. 667 ENERGY CONSUMPTION AND Code, to require a full military honors cere- mony for certain deceased veterans, and for At the request of Mr. PERDUE, the SAVE PARTICIPANTS MONEY other purposes; which was referred to the name of the Senator from Michigan Mr. COONS (for himself and Mr. Committee on Veterans’ Affairs. (Mr. PETERS) was added as a cosponsor GARDNER) submitted the following res- f of S. Res. 667, a resolution condemning olution; which was considered and persecution of religious minorities in agreed to: TEXT OF AMENDMENTS the People’s Republic of China and any S. RES. 672 SA 4053. Mr. COTTON submitted an actions that limit their free expression Whereas ‘‘Beat the Peak’’ is an electric co- amendment intended to be proposed by and practice of faith. operative voluntary energy reduction pro- him to the bill S. 3523, to amend title

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.022 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6773 10, United States Code, to require a full of Ohio, both to be a United States Cir- NATIONAL URBAN WILDLIFE military honors ceremony for certain cuit Judge for the Sixth Circuit, Rossie REFUGE DAY deceased veterans, and for other pur- David Alston, Jr., to be United States Mr. MCCONNELL. Mr. President, I District Judge for the Eastern District poses; which was referred to the Com- ask unanimous consent the Senate pro- of Virginia, Pamela A. Barker, to be mittee on Veterans’ Affairs; as follows: ceed to consideration of S. Res. 671, United States District Judge for the Strike all after the enacting clause and in- submitted earlier today. sert the following: Northern District of Ohio, and Sarah Daggett Morrison, to be United States The PRESIDING OFFICER. The SECTION 1. SHORT TITLE. clerk will report the resolution by This Act may be cited as the ‘‘Honoring District Judge for the Southern Dis- Our Heroes Act of 2018’’. trict of Ohio. title. SEC. 2. FULL MILITARY ESCORT AT FUNERALS OF SUBCOMMITTEE ON READINESS AND The senior assistant legislative clerk CERTAIN VETERANS. MANAGEMENT SUPPORT read as follows: Section 1491(b) of title 10, United States The Subcommittee on Readiness and A resolution (S. Res. 671) designating Sep- Code, is amended by adding at the end the Management Support of the Com- tember 29, 2018, as ‘‘National Urban Wildlife following: mittee on Armed Services is authorized Refuge Day.’’ ‘‘(3) The Secretary concerned shall provide to meet during the session of the Sen- There being no objection, the Senate a full military escort (as determined by the ate on Wednesday, October 10, 2018, at Secretary concerned) for the funeral of a vet- proceeded to consider the resolution. eran who— 9:30 a.m., to conduct a hearing. Mr. MCCONNELL. Mr. President, I ‘‘(A) is first interred or first inurned in Ar- f ask unanimous consent that the reso- lington National Cemetery on or after the PRIVILEGES OF THE FLOOR lution be agreed to, the preamble be date of the enactment of the Honoring Our agreed to, and the motions to recon- Mrs. MURRAY. Mr. President, I ask Heroes Act of 2018; sider be considered made and laid upon unanimous consent that the following ‘‘(B) was awarded the medal of honor or the table with no intervening action or the prisoner-of-war medal; and fellows on my HELP Committee staff ‘‘(C) is not otherwise entitled to a full mili- be granted floor privileges for the re- debate. tary escort by the grade of that veteran.’’. mainder of the 115th Congress: Sheri The PRESIDING OFFICER. Without f Lou Santos, Garrett Devenney, and objection, it is so ordered. The resolution was agreed to. AUTHORITY FOR COMMITTEES TO Brian Kaplun. The PRESIDING OFFICER. Without The preamble was agreed to. MEET objection, it is so ordered. (The resolution, with its preamble, is Mr. CORNYN. Mr. President, I have 5 Mr. WHITEHOUSE. Mr. President, I printed in today’s RECORD under ‘‘Sub- requests for committees to meet during ask unanimous consent that Ryan mitted Resolutions.’’) today’s session of the Senate. They Edwards and Kim Binsted, AAAS fel- have the approval of the Majority and lows in my office, be granted floor f Minority leaders. privileges for the remainder of this Pursuant to rule XXVI, paragraph Congress. EXPRESSING THE SENSE OF CON- 5(a), of the Standing Rules of the Sen- The PRESIDING OFFICER. Without GRESS THAT ELECTRIC COOPER- ate, the following committees are au- objection, it is so ordered. ATIVE VOLUNTARY ENERGY RE- thorized to meet during today’s session f DUCTION PROGRAMS REDUCE of the Senate: THE TENTH ANNIVERSARY OF THE ENERGY CONSUMPTION AND COMMITTEE ON COMMERCE, SCIENCE, AND ENACTMENT OF THE PAUL SAVE PARTICIPANTS MONEY TRANSPORTATION WELLSTONE AND PETE DOMEN- Mr. MCCONNELL. Mr. President, I The Committee on Commerce, ICI MENTAL HEALTH PARITY Science, and Transportation is author- ask unanimous consent that the Sen- AND ADDICTION EQUITY ACT OF ate proceed to the consideration of S. ized to meet during the session of the 2008 Senate on Wednesday, October 10, 2018, Res. 672, submitted earlier today. at 10 a.m., to conduct a hearing enti- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The tled ‘‘Consumer Data Privacy: Exam- ask unanimous consent that the Com- clerk will report the resolution by ining Lessons From the European mittee on Health, Education, Labor, title. Union’s General Data Protection Regu- and Pensions be discharged from fur- The senior assistant legislative clerk lation and the California Consumer ther consideration of S. Res. 670 and read as follows: the Senate proceed to its immediate Privacy Act.’’ A resolution (S. Res. 672) expressing the consideration. COMMITTEE ON ENVIRONMENT AND PUBLIC sense of Congress that electric cooperative The PRESIDING OFFICER. The voluntary energy reduction programs reduce WORKS clerk will report the resolution by The Committee on Environment and energy consumption and save participants title. money. Public Works is authorized to meet The senior assistant legislative clerk during the session of the Senate on read as follows: There being no objection, the Senate proceeded to consider the resolution. Wednesday, October 10, 2018, at 10 a.m., A resolution (S. Res. 670) recognizing the to conduct a hearing entitled ‘‘From tenth anniversary of the enactment of the Mr. MCCONNELL. I know of no fur- Yellowstone’s Grizzly Bear to the Paul Wellstone and Pete Domenici Mental ther debate on the measure. Chesapeake’s Delmarva Fox Squirrel— Health Parity and Addiction Equity Act of The PRESIDING OFFICER. Is there Successful State Conservation, Recov- 2008. further debate? ery, and Management of Wildlife.’’ There being no objection, the com- Hearing none, the question is on COMMITTEE ON HOMELAND SECURITY AND mittee was discharged, and the Senate agreeing to the resolution. GOVERNMENTAL AFFAIRS proceeded to consider the resolution. The resolution (S. Res. 672) was The Committee on Homeland Secu- Mr. MCCONNELL. Mr. President, I agreed to. rity and Governmental Affairs is au- ask unanimous consent that the reso- Mr. MCCONNELL. I ask unanimous thorized to meet during the session of lution be agreed to, the preamble be consent that the preamble be agreed to the Senate on Wednesday, October 10, agreed to, and the motions to recon- and that the motions to reconsider be 2018, at 8:30 a.m., to conduct a hearing sider be considered made and laid upon considered made and laid upon the entitled ‘‘Threats to the Homeland.’’ the table with no intervening action or table, with no intervening action or de- debate. bate. COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without The Committee on the Judiciary is objection, it is so ordered. The PRESIDING OFFICER. Without authorized to meet during the session The resolution was agreed to. objection, it is so ordered. of the Senate on Wednesday, October The preamble was agreed to. The preamble was agreed to. 10, 2018, at 10 a.m., to conduct a hearing (The resolution, with its preamble, is (The resolution, with its preamble, is on the following nominations: Eric E. printed in the RECORD of October 9, printed in today’s RECORD under ‘‘Sub- Murphy, of Ohio, and Chad A. Readler, 2018, under ‘‘Submitted Resolutions.’’) mitted Resolutions.’’)

VerDate Sep 11 2014 02:51 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A10OC6.026 S10OCPT1 S6774 CONGRESSIONAL RECORD — SENATE October 10, 2018 U.S. CUSTOMS AND BORDER PRO- ‘‘(1) DIRECT HIRE AUTHORITY.— ‘‘(B) the individual enters into a written serv- TECTION HIRING AND RETEN- ‘‘(A) IN GENERAL.—The Secretary may ap- ice agreement with the Secretary— TION ACT OF 2017 point, without regard to any provision of sec- ‘‘(i) under which the individual is required to tions 3309 through 3319, candidates to positions complete a period of employment as a CBP em- Mr. MCCONNELL. Mr. President, I in the competitive service as CBP employees, in ployee of not less than 2 years; and ask unanimous consent that the Sen- a rural or remote area, if the Secretary— ‘‘(ii) that includes— ate proceed to the immediate consider- ‘‘(i) determines that— ‘‘(I) the commencement and termination dates ation of Calendar No. 447, S. 1305. ‘‘(I) there is a critical hiring need; and of the required service period (or provisions for The PRESIDING OFFICER. The ‘‘(II) there exists a severe shortage of qualified the determination thereof); candidates because of the direct relationship ‘‘(II) the amount of the bonus; and clerk will report the bill by title. ‘‘(III) other terms and conditions under which The senior assistant legislative clerk identified by the Secretary under subsection (b)(1)(B) of this section between— the bonus is payable, subject to the requirements read as follows: ‘‘(aa) the rural or remote nature of the area; of this subsection, including— A bill (S. 1305) to provide U.S. Customs and and ‘‘(aa) the conditions under which the agree- Border Protection with adequate flexibility ‘‘(bb) difficulty in the recruitment and reten- ment may be terminated before the agreed-upon in its employment authorities. tion of CBP employees in the area; and service period has been completed; and There being no objection, the Senate ‘‘(ii) has given public notice for the positions. ‘‘(bb) the effect of a termination described in proceeded to consider the bill which ‘‘(B) PRIORITIZATION OF HIRING VETERANS.—If item (aa). ‘‘(4) RULES FOR BONUSES.— had been reported from the Committee the Secretary uses the direct hiring authority under subparagraph (A), the Secretary shall ‘‘(A) MAXIMUM BONUS.—A bonus paid to an on Homeland Security and Govern- apply the principles of preference for the hiring employee under— mental Affairs, with an amendment to of veterans established under subchapter I of ‘‘(i) paragraph (2) may not exceed 100 percent strike all after the enacting clause and chapter 33. of the annual rate of basic pay of the employee insert in lieu thereof the following: ‘‘(2) RECRUITMENT AND RELOCATION BO- as of the commencement date of the applicable SECTION 1. SHORT TITLE. NUSES.—The Secretary may pay a bonus to an service period; and This Act may be cited as the ‘‘U.S. Customs individual (other than an individual described ‘‘(ii) paragraph (3) may not exceed 50 percent and Border Protection Hiring and Retention Act in subsection (a)(2) of section 5753) if— of the annual rate of basic pay of the employee of 2017’’ or the ‘‘CBP HiRe Act’’. ‘‘(A) the Secretary determines that— as of the commencement date of the applicable SEC. 2. FLEXIBILITY IN EMPLOYMENT AUTHORI- ‘‘(i) conditions consistent with the conditions service period. TIES. described in paragraphs (1) and (2) of subsection ‘‘(B) RELATION TO BASIC PAY.—A bonus paid (a) IN GENERAL.—Chapter 97 of title 5, United (b) of such section 5753 are satisfied with respect to an employee under paragraph (2) or (3) shall States Code, is amended by adding at the end to the individual (without regard to any other not be considered part of the basic pay of the the following: provision of that section); and employee for any purpose. ‘‘(ii) the position to which the individual is ‘‘(5) OPM OVERSIGHT.—The Director shall, to ‘‘§ 9702. U.S. Customs and Border Protection appointed or to which the individual moves or the extent practicable— employment authorities must relocate— ‘‘(A) set aside a determination of the Sec- ‘‘(a) DEFINITIONS.—In this section— ‘‘(I) is a position as a CBP employee; and retary under this subsection if the Director finds ‘‘(1) the term ‘CBP employee’ means an em- ‘‘(II) is in a rural or remote area for which the substantial evidence that the Secretary abused ployee of U.S. Customs and Border Protection; Secretary has identified a direct relationship the discretion of the Secretary in making the de- ‘‘(2) the term ‘Commissioner’ means the Com- under subsection (b)(1)(B) of this section be- termination; and missioner of U.S. Customs and Border Protec- tween— ‘‘(B) oversee the compliance of the Secretary tion; ‘‘(aa) the rural or remote nature of the area; with this subsection. ‘‘(3) the term ‘Director’ means the Director of and ‘‘(d) SPECIAL PAY AUTHORITY.—In addition to the Office of Personnel Management; ‘‘(bb) difficulty in the recruitment and reten- the circumstances described in subsection (b) of ‘‘(4) the term ‘rural or remote area’ means an tion of CBP employees in the area; and section 5305, the Director may establish special area within the United States that is not within ‘‘(B) the individual enters into a written serv- rates of pay in accordance with that section if an area defined and designated as an urbanized ice agreement with the Secretary— the Director finds that the recruitment or reten- area by the Bureau of the Census in the most ‘‘(i) under which the individual is required to tion efforts of the Secretary with respect to posi- recently completed decennial census; and complete a period of employment as a CBP em- tions for CBP employees in an area or location ‘‘(5) the term ‘Secretary’ means the Secretary ployee of not less than 2 years; and are, or are likely to become, significantly handi- of Homeland Security. ‘‘(ii) that includes— capped because the positions are located in a ‘‘(b) DEMONSTRATION OF RECRUITMENT AND ‘‘(I) the commencement and termination dates rural or remote area for which the Secretary has RETENTION DIFFICULTIES IN RURAL OR REMOTE of the required service period (or provisions for identified a direct relationship under subsection AREAS.— ‘‘(1) IN GENERAL.—For purposes of subsections the determination thereof); (b)(1)(B) of this section between— (c) and (d), the Secretary shall determine, for a ‘‘(II) the amount of the bonus; and ‘‘(1) the rural or remote nature of the area; rural or remote area, whether there is— ‘‘(III) other terms and conditions under which and ‘‘(A) a critical hiring need in the area; and the bonus is payable, subject to the requirements ‘‘(2) difficulty in the recruitment and reten- ‘‘(B) a direct relationship between— of this subsection, including— tion of CBP employees in the area. ‘‘(i) the rural or remote nature of the area; ‘‘(aa) the conditions under which the agree- ‘‘(e) REGULAR CBP REVIEW.— and ment may be terminated before the agreed-upon ‘‘(1) ENSURING FLEXIBILITIES MEET CBP ‘‘(ii) difficulty in the recruitment and reten- service period has been completed; and NEEDS.—Each year, the Secretary shall review tion of CBP employees in the area. ‘‘(bb) the effect of a termination described in the use of hiring flexibilities under subsections ‘‘(2) FACTORS.—To inform the determination item (aa). (c) and (d) to fill positions at a location in a of a direct relationship under paragraph (1)(B), ‘‘(3) RETENTION BONUSES.—The Secretary may rural or remote area to determine— the Secretary may consider evidence— pay a retention bonus to a CBP employee (other ‘‘(A) the impact of the use of those flexibilities ‘‘(A) that the Secretary— than an individual described in subsection (a)(2) on solving hiring and retention challenges at ‘‘(i) is unable to efficiently and effectively re- of section 5754) if— the location; cruit individuals for positions as CBP employ- ‘‘(A) the Secretary determines that— ‘‘(B) whether hiring and retention challenges ees, which may be demonstrated with various ‘‘(i) a condition consistent with the condition still exist at the location; and types of evidence, including— described in subsection (b)(1) of such section ‘‘(C) whether the Secretary needs to continue ‘‘(I) evidence that multiple positions have 5754 is satisfied with respect to the CBP em- to use those flexibilities at the location. been continuously vacant for significantly ployee (without regard to any other provision of ‘‘(2) CONSIDERATION.—In conducting the re- longer than the national average period for that section); view under paragraph (1), the Secretary shall which similar positions in U.S. Customs and ‘‘(ii) the CBP employee is employed in a rural consider— Border Protection are vacant; and or remote area for which the Secretary has iden- ‘‘(A) whether any CBP employee accepted an ‘‘(II) recruitment studies that demonstrate the tified a direct relationship under subsection employment incentive under subsection (c) or (d) inability of the Secretary to efficiently and ef- (b)(1)(B) of this section between— and then transferred to a new location or left fectively recruit CBP employees for positions in ‘‘(I) the rural or remote nature of the area; U.S. Customs and Border Protection; and the area; or and ‘‘(B) the length of time that each employee ‘‘(ii) experiences a consistent inability to re- ‘‘(II) difficulty in the recruitment and reten- identified under subparagraph (A) stayed at the tain CBP employees that negatively impacts tion of CBP employees in the area; and original location before transferring to a new lo- agency operations at a local or regional level; or ‘‘(iii) in the absence of a retention bonus, the cation or leaving U.S. Customs and Border Pro- ‘‘(B) of any other inability, directly related to CBP employee would be likely to leave— tection. recruitment or retention difficulties, that the ‘‘(I) the Federal service; or ‘‘(3) DISTRIBUTION.—The Secretary shall sub- Secretary determines sufficient. ‘‘(II) for a different position in the Federal mit to Congress a report on each review required ‘‘(c) DIRECT HIRE AUTHORITY; RECRUITMENT service, including a position in another agency under paragraph (1). AND RELOCATION BONUSES; RETENTION BO- or component of the Department of Homeland ‘‘(f) IMPROVING CBP HIRING AND RETEN- NUSES.— Security; and TION.—

VerDate Sep 11 2014 01:40 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00040 Fmt 4637 Sfmt 6333 E:\CR\FM\G10OC6.047 S10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — SENATE S6775 ‘‘(1) EDUCATION OF CBP HIRING OFFICIALS.— ‘‘(B) INFORMATION.—The evaluation con- The PRESIDING OFFICER. Without Not later than 180 days after the date of enact- ducted under subparagraph (A) shall include— objection, it is so ordered. ment of the U.S. Customs and Border Protection ‘‘(i) any reduction in the time taken by the The committee-reported amendment Secretary to fill mission-critical positions in Hiring and Retention Act of 2017, and in con- in the nature of a substitute was junction with the Chief Human Capital Officer rural or remote areas; of the Department of Homeland Security, the ‘‘(ii) a general assessment of the impact of the agreed to. Secretary shall develop and implement a strat- strategy developed and implemented under The bill (S. 1305), as amended, was or- egy to improve education regarding hiring and paragraph (1) on hiring challenges in rural or dered to be engrossed for a third read- human resources flexibilities (including hiring remote areas; and ing, was read the third time, and and human resources flexibilities for locations ‘‘(iii) other information the Secretary deter- passed. in rural or remote areas) for all employees, serv- mines relevant. ‘‘(g) INSPECTOR GENERAL REVIEW.—Not later ing in agency headquarters or field offices, who f than 2 years after the date of enactment of the are involved in the recruitment, hiring, assess- U.S. Customs and Border Protection Hiring and ment, or selection of candidates for locations in APPOINTMENT Retention Act of 2017, the Inspector General of a rural or remote area, as well as the retention the Department of Homeland Security shall re- of current employees. The PRESIDING OFFICER. The view the use of hiring flexibilities by the Sec- ‘‘(2) ELEMENTS.—Elements of the strategy Chair, on behalf of the President pro under paragraph (1) shall include the following: retary under subsections (c) and (d) to deter- tempore, in accordance with Public ‘‘(A) Developing or updating training and mine whether the use of those flexibilities is Law 99–498, Section 1505(a)(1)(B)(ii), ap- educational materials on hiring and human re- helping the Secretary meet hiring and retention points the following Senator to the sources flexibilities for employees who are in- needs in rural and remote areas. ‘‘(h) REPORT ON POLYGRAPH REQUESTS.—The Board of Trustees of the Institute of volved in the recruitment, hiring, assessment, or Secretary shall report to Congress on the num- American Indian and Alaska Native selection of candidates, as well as the retention ber of requests the Secretary receives from any Culture and Arts Development: The of current employees. other Federal agency for the file of an applicant ‘‘(B) Regular training sessions for personnel Honorable DEB FISCHER of Nebraska. for a position in U.S. Customs and Border Pro- who are critical to filling open positions in rural tection that includes the results of a polygraph f or remote areas. examination. ‘‘(C) The development of pilot programs or ‘‘(i) EXERCISE OF AUTHORITY.— other programs, as appropriate, to address iden- ORDERS FOR THURSDAY, OCTOBER ‘‘(1) SOLE DISCRETION.—The exercise of au- 11, 2018 tified hiring challenges in rural or remote areas. thority under subsection (c) shall be subject to ‘‘(D) Developing and enhancing strategic re- the sole and exclusive discretion of the Secretary Mr. MCCONNELL. Mr. President, I cruiting efforts through relationships with insti- (or the Commissioner, as applicable under para- ask unanimous consent that when the tutions of higher education, as defined in sec- graph (2) of this subsection), notwithstanding Senate completes its business today, it tion 102 of the Higher Education Act of 1965 (20 chapter 71. U.S.C. 1002), veterans transition and employ- adjourn until 10 a.m., Thursday, Octo- ‘‘(2) DELEGATION.— ber 11; further, that following the pray- ment centers, and job placement program in re- ‘‘(A) IN GENERAL.—Subject to subparagraph gions that could assist in filling positions in (B), the Secretary may delegate any authority er and pledge, the morning hour be rural or remote areas. under this section to the Commissioner. deemed expired, the Journal of pro- ‘‘(E) Examination of existing agency programs ‘‘(B) OVERSIGHT.—The Commissioner may not ceedings be approved to date, the time on how to most effectively aid spouses and fami- make a determination under subsection (b)(1) for the two leaders be reserved for their lies of individuals who are candidates or new unless the Secretary approves the determina- use later in the day, and morning busi- hires in a rural or remote area. tion. ness be closed; finally, following leader ‘‘(F) Feedback from individuals who are can- ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this didates or new hires at locations in a rural or section shall be construed to exempt the Sec- remarks, the Senate proceed to execu- remote area, including feedback on the quality retary or the Director from the applicability of tive session and resume consideration of life in rural or remote areas for new hires and the merit system principles under section 2301. of the Clark nomination as under the their families. ‘‘(k) SUNSET.—The authorities under sub- previous order. ‘‘(G) Feedback from CBP employees, other sections (c) and (d) shall terminate on the date The PRESIDING OFFICER. Is there than new hires, who are stationed at locations that is 5 years after the date of enactment of the objection? in a rural or remote area, including feedback on U.S. Customs and Border Protection Hiring and Without objection, it is so ordered. the quality of life in rural or remote areas for Retention Act of 2017.’’. (b) TECHNICAL AND CONFORMING AMEND- those CBP employees and their families. f ‘‘(H) Evaluation of Department of Homeland MENT.—The table of sections for chapter 97 of Security internship programs and the usefulness title 5, United States Code, is amended by add- ADJOURNMENT UNTIL 10 A.M. ing at the end the following: of those programs in improving hiring by the TOMORROW Secretary in rural or remote areas. ‘‘9702. U.S. Customs and Border Protection em- ‘‘(3) EVALUATION.— ployment authorities.’’. Mr. MCCONNELL. Mr. President, if ‘‘(A) IN GENERAL.—Each year, the Secretary Mr. MCCONNELL. I ask unanimous there is no further business to come be- shall — consent that the committee-reported fore the Senate, I ask unanimous con- ‘‘(i) evaluate the extent to which the strategy sent that it stand adjourned under the developed and implemented under paragraph (1) substitute amendment be agreed to, has improved the hiring and retention ability of that the bill, as amended, be considered previous order. the Secretary; and read a third time and passed, and that There being no objection, the Senate, ‘‘(ii) make any appropriate updates to the the motion to reconsider be considered at 6:39 p.m., adjourned until Thursday, strategy under paragraph (1). made and laid upon the table. October 11, 2018, at 10 a.m.

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SENATE COMMITTEE MEETINGS sioner of the Postal Regulatory Com- known as the Stigler Act), with respect mission. to restrictions applicable to Indians of Title IV of Senate Resolution 4, S–216 the Five Civilized Tribes of Oklahoma, agreed to by the Senate of February 4, and H.R. 4032, to confirm undocu- 1977, calls for establishment of a sys- OCTOBER 16 mented Federal rights-of-way or ease- tem for a computerized schedule of all 10 a.m. ments on the Gila River Indian Res- meetings and hearings of Senate com- Committee on Energy and Natural Re- ervation, clarify the northern bound- mittees, subcommittees, joint commit- sources ary of the Gila River Indian Commu- tees, and committees of conference. To hold hearings to examine the nomina- nity’s Reservation, to take certain This title requires all such committees tions of Rita Baranwal, of Pennsyl- land located in Maricopa County and vania, to be an Assistant Secretary of to notify the Office of the Senate Daily Pinal County, Arizona, into trust for Energy (Nuclear Energy), Bernard L. the benefit of the Gila River Indian Digest—designated by the Rules Com- McNamee, of Virginia, to be a Member Community. mittee—of the time, place and purpose of the Federal Energy Regulatory Com- SD–628 of the meetings, when scheduled and mission, and Raymond David Vela, of 3 p.m. any cancellations or changes in the Texas, to be Director of the National Committee on Armed Services meetings as they occur. Park Service, Department of the Inte- Subcommittee on Emerging Threats and rior. Capabilities As an additional procedure along SD–366 with the computerization of this infor- To hold hearings to examine implica- tions of China’s presence and invest- mation, the Office of the Senate Daily OCTOBER 17 Digest will prepare this information for ment in Africa. 10 a.m. SR–222 printing in the Extensions of Remarks Committee on Homeland Security and section of the CONGRESSIONAL RECORD Governmental Affairs OCTOBER 18 on Monday and Wednesday of each To hold hearings to examine the nomina- tion of Ronald D. Vitiello, of Illinois, 10 a.m. week. Committee on Banking, Housing, and Meetings scheduled for Thursday, Oc- to be an Assistant Secretary of Home- land Security. Urban Affairs tober 11, 2018 may be found in the Daily SD–342 To hold an oversight hearing to examine Digest of today’s RECORD. Committee on the Judiciary pilot programs at Fannie Mae and To hold hearings to examine pending Freddie Mac. MEETINGS SCHEDULED nominations. SD–538 SD–226 Committee on Homeland Security and OCTOBER 15 2:30 p.m. Governmental Affairs Time to be announced Committee on Indian Affairs Permanent Subcommittee on Investiga- Committee on Homeland Security and To hold hearings to examine S. 2788, to tions Governmental Affairs repeal the Act entitled ‘‘An Act to con- To hold hearings to examine combating Business meeting to consider the nomi- fer jurisdiction on the State of North the opioid crisis, focusing on the price nations of Steven Dillingham, of Vir- Dakota over offenses committed by or increase of an opioid overdose reversal ginia, to be Director of the Census, De- against Indians on the Devils Lake In- drug and the cost to the United States partment of Commerce, and Michael dian Reservation’’, H.R. 2606, to amend healthcare system. Kubayanda, of Ohio, to be a Commis- the Act of August 4, 1947 (commonly SD–342

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

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HIGHLIGHTS Senate agreed to the motion to concur in the amendments of the House of Representatives to S. 3021, America’s Water Infrastructure Act. Senate Secretary of Labor, and Secretary of Health and Chamber Action Human Services relating to ‘‘Short-Term, Limited Routine Proceedings, pages S6735–S6775 Duration Insurance’’, after agreeing to the motion to Measures Introduced: Nine bills and three resolu- proceed. Page S6748 tions were introduced, as follows: S. 3563–3571, S.J. House Messages: Res. 65, and S. Res. 671–672. Page S6770 America’s Water Infrastructure Act: By 99 yeas Measures Reported: to 1 nay (Vote No. 225), Senate agreed to the mo- H.R. 2200, to reauthorize the Trafficking Victims tion to concur in the amendments of the House of Protection Act of 2000, with an amendment in the Representatives to S. 3021, to provide for improve- nature of a substitute. Pages S6769–70 ments to the rivers and harbors of the United States, Measures Passed: to provide for the conservation and development of MHPAEA 10th Anniversary: Committee on water and related resources, to provide for water pol- Health, Education, Labor, and Pensions was dis- lution control activities, after taking action on the charged from further consideration of S. Res. 670, following motions and amendments proposed there- recognizing the tenth anniversary of the enactment to: Page S6747 of the Paul Wellstone and Pete Domenici Mental Withdrawn: Health Parity and Addiction Equity Act of 2008, McConnell motion to concur in the amendment of and the resolution was then agreed to. Page S6773 the House to the bill, with McConnell Amendment No. 4048 (to the motion to concur in the amend- National Urban Wildlife Refuge Day: Senate agreed to S. Res. 671, designating September 29, ment of the House to the bill), to change the enact- 2018, as ‘‘National Urban Wildlife Refuge Day’’. ment date. Page S6747 Page S6773 During consideration of this measure today, Senate also took the following action: Energy Co-Ops: Senate agreed to S. Res. 672, ex- McConnell Amendment No. 4049 (to Amend- pressing the sense of Congress that electric coopera- ment No. 4048), of a perfecting nature, fell when tive voluntary energy reduction programs reduce en- McConnell motion to concur in the amendment of ergy consumption and save participants money. the House to the bill, with McConnell Amendment Page S6773 No. 4048 (to the motion to concur in the amend- CBP HiRe Act: Senate passed S. 1305, to provide ment of the House to the bill) (listed above) was U.S. Customs and Border Protection with adequate withdrawn. Page S6747 flexibility in its employment authorities, after agree- Appointments: ing to the committee amendment in the nature of a substitute. Pages S6774–75 Board of Trustees of the Institute of American Indian and Alaska Native Culture and Arts De- Measures Failed: velopment: The Chair, on behalf of the President pro Short-Term, Limited Duration Insurance: By 50 tempore, in accordance with Public Law 99–498, yeas to 50 nays (Vote No. 226), Senate failed to pass Section 1505(a)(1)(B)(ii), appointed the following S.J. Res. 63, providing for congressional disapproval Senator to the Board of Trustees of the Institute of under chapter 8 of title 5, United States Code, of American Indian and Alaska Native Culture and the rule submitted by the Secretary of the Treasury, Arts Development: Senator Fischer. Page S6775 D1124

VerDate Sep 11 2014 02:37 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D10OC8.REC D10OCPT1 October 10, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D1125 Clark Nomination—Agreement: Senate resumed Defense Capabilities and Management, Government consideration of the nomination of Jeffrey Bossert Accountability Office. Clark, of Virginia, to be an Assistant Attorney Gen- eral. Pages S6748–66 CONSUMER DATA PRIVACY During consideration of this nomination today, Committee on Commerce, Science, and Transportation: Senate also took the following action: Committee concluded a hearing to examine con- By 53 yeas to 44 nays (Vote No. 227), Senate sumer data privacy, focusing on lessons from the Eu- agreed to the motion to close further debate on the ropean Union’s general data protection regulation nomination. Page S6748 and the California Consumer Privacy Act, after re- A unanimous-consent agreement was reached pro- ceiving testimony from Andrea Jelinek, European viding that notwithstanding the provisions of rule Data Protection Board, Vienna, Austria; Alastair XXII, all post-cloture time on the nomination be Mactaggart, Californians for Consumer Privacy, San considered expired at 12:10 p.m., on Thursday, Oc- Francisco, California; and Laura Moy, Georgetown tober 11, 2018. Page S6766 Law Center on Privacy and Technology, and Nuala A unanimous-consent agreement was reached pro- O’Connor, Center for Democracy and Technology, viding for further consideration of the nomination, both of Washington, D.C. post-cloture, at approximately 10 a.m., on Thursday, October 11, 2018. Page S6775 STATE CONSERVATION, RECOVERY, AND MANAGEMENT Executive Communications: Page S6769 Committee on Environment and Public Works: Com- Executive Reports of Committees: Page S6770 mittee concluded a hearing to examine successful Additional Cosponsors: Pages S6770–72 state conservation, recovery, and management of Statements on Introduced Bills/Resolutions: wildlife from Yellowstone’s grizzly bear to the Chesapeake’s Delmarva fox squirrel, after receiving Additional Statements: Pages S6768–69 testimony from John Kennedy, Wyoming Game and Amendments Submitted: Pages S6772–73 Fish Department Deputy Director, Cheyenne; Mike Authorities for Committees to Meet: Page S6773 McCormick, Mississippi Farm Bureau Federation, Jackson, on behalf of the American Farm Bureau Privileges of the Floor: Page S6773 Federation; and Cynthia K. Dohner, Destin, Florida. Record Votes: Three record votes were taken today. (Total—227) Pages S6747–48 THREATS TO THE HOMELAND Adjournment: Senate convened at 10 a.m. and ad- Committee on Homeland Security and Governmental Af- journed at 6:39 p.m., until 10 a.m. on Thursday, fairs: Committee concluded a hearing to examine October 11, 2018. (For Senate’s program, see the re- threats to the homeland, after receiving testimony marks of the Majority Leader in today’s Record on from Kirstjen M. Nielsen, Secretary of Homeland Se- page S6775.) curity; Christopher A. Wray, Director, Federal Bu- reau of Investigation, Department of Justice; and Russell Travers, Acting Director, National Counter- Committee Meetings terrorism Center, Office of the Director of National (Committees not listed did not meet) Intelligence. BUSINESS MEETING NOMINATIONS Committee on Armed Services: Committee ordered favor- Committee on the Judiciary: Committee concluded a ably reported 212 nominations in the Army, Navy, hearing to examine the nominations of Eric E. Mur- and Air Force. phy, of Ohio, and Chad A. Readler, of Ohio, both to be a United States Circuit Judge for the Sixth AIR FORCE READINESS Circuit, Pamela A. Barker, to be United States Dis- Committee on Armed Services: Subcommittee on Readi- trict Judge for the Northern District of Ohio, and ness and Management Support concluded a hearing Sarah Daggett Morrison, to be United States District to examine Air Force readiness, including actions Judge for the Southern District of Ohio, who were needed to rebuild readiness and prepare for the fu- introduced by Senators Brown and Portman, and ture, after receiving testimony from Heather Wilson, Rossie David Alston, Jr., to be United States Dis- Secretary, and General Stephen W. Wilson, USAF, trict Judge for the Eastern District of Virginia, who Vice Chief of Staff, both of the Air Force, Depart- was introduced by Senator Kaine, after the nominees ment of Defense; and John H. Pendleton, Director, testified and answered questions in their own behalf.

VerDate Sep 11 2014 02:37 Oct 11, 2018 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D10OC8.REC D10OCPT1 D1126 CONGRESSIONAL RECORD — DAILY DIGEST October 10, 2018 House of Representatives Committee on Banking, Housing, and Urban Affairs: to Chamber Action hold hearings to examine the cryptocurrency and The House was not in session today. The House blockchain ecosystem, 10 a.m., SD–538. is scheduled to meet in Pro Forma Session at 9:30 Committee on Commerce, Science, and Transportation: Sub- a.m. on Friday, October 12, 2018. committee on Oceans, Atmosphere, Fisheries, and Coast Guard, to hold hearings to examine the future of the fleets, focusing on Coast Guard and National Oceanic and Committee Meetings Atmospheric Administration ship recapitalization, 9:30 No hearings were held. a.m., SR–253. Committee on Energy and Natural Resources: to hold hear- ings to examine blackstart and other system restoration Joint Meetings plans in the electric utility industry, 10 a.m., SD–366. No joint committee meetings were held. Committee on Foreign Relations: to hold hearings to exam- ine the nominations of John Mark Pommersheim, of Flor- f ida, to be Ambassador to the Republic of Tajikistan, NEW PUBLIC LAWS William H. Moser, of North Carolina, to be Ambassador to the Republic of Kazakhstan, and Donald Armin (For last listing of Public Laws, see DAILY DIGEST, p. D1120) Blome, of Illinois, to be Ambassador to the Republic of H.R. 46, to authorize the Secretary of the Interior Tunisia, all of the Department of State, 10:30 a.m., to conduct a special resource study of Fort Ontario SD–419. in the State of New York. Signed on October 9, Committee on the Judiciary: business meeting to consider 2018. (Public Law 115–255) S. 2785, to designate foreign persons who improperly H.R. 2259, to amend the Peace Corps Act to ex- interfere in United States elections as inadmissible aliens, pand services and benefits for volunteers. Signed on S. 3178, to amend title 18, United States Code, to speci- fy lynching as a deprivation of civil rights, and the nomi- October 9, 2018. (Public Law 115–256) nations of Jonathan A. Kobes, of South Dakota, to be H.R. 4854, to amend the DNA Analysis Backlog United States Circuit Judge for the Eighth Circuit, Ken- Elimination Act of 2000 to provide additional re- neth D. Bell, to be United States District Judge for the sources to State and local prosecutors. Signed on Oc- Western District of North Carolina, Stephanie A. Galla- tober 9, 2018. (Public Law 115–257) gher, to be United States District Judge for the District H.R. 4958, to increase, effective as of December of Maryland, Mary S. McElroy, to be United States Dis- 1, 2018, the rates of compensation for veterans with trict Judge for the District of Rhode Island, Carl J. Nich- service-connected disabilities and the rates of de- ols, to be United States District Judge for the District pendency and indemnity compensation for the sur- of Columbia, John M. O’Connor, to be United States vivors of certain disabled veterans. Signed on Octo- District Judge for the Northern, Eastern and Western Districts of Oklahoma, and Martha Maria Pacold, Mary ber 9, 2018. (Public Law 115–258) M. Rowland, and Steven C. Seeger, each to be a United S. 791, to amend the Small Business Act to ex- States District Judge for the Northern District of Illinois, pand intellectual property education and training for 10 a.m., SD–226. small businesses. Signed on October 9, 2018. (Public Committee on Small Business and Entrepreneurship: business Law 115–259) meeting to consider S. 2679, to provide access to and S. 1668, to rename a waterway in the State of manage the distribution of excess or surplus property to New York as the ‘‘Joseph Sanford Jr. Channel’’. veteran-owned small businesses, S. 3552, to amend the Signed on October 9, 2018. (Public Law 115–260) Small Business Act to adjust the real estate appraisal S. 2559, to amend title 17, United States Code, thresholds under the 7(a) program of the Small Business to implement the Marrakesh Treaty. Signed on Oc- Administration to bring those thresholds into line with tober 9, 2018. (Public Law 115–261) the thresholds used by the Federal banking regulators, S. 3553, to amend the Small Business Act to adjust the real f estate appraisal thresholds under the section 504 program COMMITTEE MEETINGS FOR THURSDAY, of the Small Business Administration to bring those thresholds into line with the thresholds used by the Fed- OCTOBER 11, 2018 eral banking regulators, S. 3554, to extend the effective (Committee meetings are open unless otherwise indicated) date for the sunset for collateral requirements for Small Business Administration disaster loans, an original bill Senate entitled, ‘‘National Guard and Reserve Entrepreneurship Committee on Armed Services: to receive a closed briefing Act’’, and an original bill entitled, ‘‘Small Business Run- on the military threat posed by near peer adversaries way Extension Act of 2018’’, Time to be announced, China and Russia, 9:30 a.m., SVC–217. Room to be announced.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, October 11 9:30 a.m., Friday, October 12

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Friday: The House will meet in Pro Forma ation of the nomination of Jeffrey Bossert Clark, of Vir- session at 9:30 a.m. ginia, to be an Assistant Attorney General, post-cloture, and vote on confirmation of the nomination at 12:10 p.m. Following disposition of the nomination of Jeffrey Bossert Clark, Senate will vote on the motion to invoke cloture on the nomination of Eric S. Dreiband, of Mary- land, to be an Assistant Attorney General.

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