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

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

Vol. 164 WASHINGTON, WEDNESDAY, AUGUST 22, 2018 No. 140 House of Representatives The House was not in session today. Its next meeting will be held on Friday, August 24, 2018, at 11 a.m. Senate WEDNESDAY, AUGUST 22, 2018

The Senate met at 10 a.m. and was to the Senate from the President pro was during any month of the Obama called to order by the Honorable TOM tempore (Mr. HATCH). administration. Coal jobs are surging COTTON, a Senator from the State of The senior assistant legislative clerk back, and according to one industry es- Arkansas. read the following letter: timate, in 2017, West Virginia saw fast- f U.S. SENATE, er growth in construction jobs than PRESIDENT PRO TEMPORE, any other State. PRAYER Washington, DC, August 22, 2018. As Senator CAPITO explained in a re- The Chaplain, Dr. Barry C. Black, of- To the Senate: cent op-ed, figures like these are more fered the following prayer: Under the provisions of rule I, paragraph 3, evidence that Republican policies are Let us pray. of the Standing Rules of the Senate, I hereby helping her State and the entire coun- appoint the Honorable TOM COTTON, a Sen- Eternal Father, You lead us like a try write a new chapter. Senator CAP- ator from the State of Arkansas, to perform shepherd, for we desperately need Your ITO recently shared with me that in the duties of the Chair. tender care. We thank You for life’s Wheeling, WV, the owners of Warwood clouds and storms that position us to ORRIN G. HATCH, President pro tempore. Tool are creating a new line of prod- receive Your deliverance and assur- ucts thanks to the new flexibility Mr. COTTON thereupon assumed the ance. Thank You also for refusing to brought about by tax reform. In Chair as Acting President pro tempore. move our mountains but instead giving Wellsburg, Eagle Manufacturing is buy- us strength to climb them. f ing new machinery. In Jane Lew, Doss Today, bless our Senators and each Enterprises is planning to hire up to 30 member of their staffs, who routinely RECOGNITION OF THE MAJORITY LEADER new workers. It is really amazing when deliver excellence in the midst of fre- we remember that only one of West netic activity. May these faithful staff- The ACTING PRESIDENT pro tem- Virginia’s Senators voted for the tax ers never forget Your promise to al- pore. The majority leader is recog- reform policies that helped make all of ways be with them. Guide them today nized. this good news possible. with fresh insights on abundant living, f As Senator CAPITO notes, recent as You supply all their needs out of the months’ promising economic numbers ECONOMIC GROWTH riches of Your celestial bounty. and all the new opportunities they rep- We pray in Your generous Name. Mr. MCCONNELL. Mr. President, this resent are only the beginning. Tax re- Amen. week, I have been highlighting some of form will also help strengthen our eco- f the examples of the strength of the nomic foundation for the long term. PLEDGE OF ALLEGIANCE U.S. economy. The people of West Vir- In particular, one provision of the ginia, where President Trump visited tax rewrite will specifically help the The Honorable TOM COTTON led the yesterday evening, are no exception to most depressed communities in our Na- Pledge of Allegiance, as follows: this national trend. tion. It will turn these areas into op- I pledge allegiance to the Flag of the During the Obama years, West Vir- portunity zones that are especially at- United States of America, and to the Repub- lic for which it stands, one nation under God, ginia’s economy was hit hard. Manu- tractive for investment. The Treasury indivisible, with liberty and justice for all. facturing employment shrunk by 13 Department has already certified zones f percent. Coal and logging employment in every State, including 55 in West shrunk by 38 percent. But today things Virginia and 144 in my home State of APPOINTMENT OF ACTING are different. The State’s unemploy- Kentucky. Nearly 35 million Americans PRESIDENT PRO TEMPORE ment rate has been lowered during live in communities within the newly The PRESIDING OFFICER. The each of the past 19 months under this designated opportunity zones. To- clerk will please read a communication united Republican government than it gether, they have an average poverty

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

S5791

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.000 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5792 CONGRESSIONAL RECORD — SENATE August 22, 2018 rate of around 32 percent. This program I was proud to secure $5 million for a He could not tell me if he believed is just one of so many ways that Re- brandnew Centers for Disease Control the Affordable Care Act was constitu- publican policies are providing a boost initiative to help prevent the spread of tional. Nor would he answer or recall to the very communities that Demo- infectious diseases like HIV and hepa- his level of involvement in a number of cratic policies systematically left be- titis B and C, which are a consequence controversies during his time in the hind. of the opioid epidemic. The CDC is di- Bush White House, a portion of his The opportunity zones, by the way, rected to prioritize high-risk areas, in- record the Senate has been denied ac- were the idea of Senator TIM SCOTT cluding 54 counties in Kentucky. cess to by the Republican majority. from South Carolina, who was able to This legislation also contains provi- Now, I understand the imperative all insert them into the pay raise—into sions from my CAREER Act, which judges face not to bias themselves by the tax reform bill. would dedicate new Federal funds to commenting on cases that could come So there are bonuses, pay raises, and career and training services so that re- before their court, but these are some tax cuts for middle-class families today covering substance abuse patients can basic questions of already decided and the foundation for more invest- transition back into the workforce and cases. Furthermore, I told Judge ment and more jobs tomorrow. begin to rebuild their lives. Kavanaugh that he is in a different f In sum, the appropriations measures place than others. President Trump has said that he APPROPRIATIONS we are considering this week invest in human capital from all angles. They will only appoint nominees who will Mr. MCCONNELL. Mr. President, on will put new tools in the hands of dis- undo Roe v. Wade. President Trump a related matter, I am proud that on tressed communities, of workers who has said he will only appoint nominees this Congress’s watch, our economy need new skills, and of families who who will declare the ACA unconstitu- has produced so many job opportuni- need help defeating drug addiction. tional. Judge Kavanaugh is under a ties for the American people. I thank the subcommittee chairman, burden to refute that. I asked him if, even when he sat with Here was the AP’s headline a few Senator BLUNT, and the ranking mem- the President, did he tell the President weeks ago: ‘‘Open jobs outnumber US ber, Senator MURRAY, for their bipar- not to count on him, that he will not unemployed for 3rd straight month.’’ tisan work on the Labor-HHS title. I absolutely vote to repeal Roe. He But that growth and prosperity needs look forward to voting in support of didn’t. to reach all families and all commu- this legislation, along with the vital nities. That means expanding Ameri- So Kavanaugh has a burden beyond funding for the Department of Defense, that of a normal Justice because of cans’ opportunities to invest in their in the coming days. own human capital by building new what President Trump, the person who skills and transitioning into growing f selected him, has said unequivocally. industries. That is why the appropria- So here is Justice Kavanaugh’s si- RESERVATION OF LEADER TIME lence or refusal to commit to even the tions legislation the Senate is cur- The ACTING PRESIDENT pro tem- most common things that should be rently considering provides billions of pore. Under the previous order, the said. He said he would say Brown was dollars for training and employment leadership time is reserved. correctly decided. Why can’t he say services. It includes $160 million for ap- Mr. MCCONNELL. Mr. President, I Roe was correctly decided? There is his prenticeship programs, $220 million for suggest the absence of a quorum. silence, especially given his recent dislocated workers, with a special $30 The ACTING PRESIDENT pro tem- praises of dissent in Roe and Casey. In million emphasis on displaced workers pore. The clerk will call the roll. 2016 and 2017 he praised Justice in rural communities like those I rep- The senior assistant legislative clerk Rehnquist and Justice Scalia’s views resent in Eastern and Western Ken- proceeded to call the roll. that Casey and Roe were decided tucky, and just under $100 million to Mr. SCHUMER. Mr. President, I ask wrongly. What is anyone supposed to integrate ex-offenders back into pro- unanimous consent that the order for reasonably believe? ductive society. the quorum call be rescinded. Given that President Trump said These are just a few of the important The ACTING PRESIDENT pro tem- that he will only choose people who items that our appropriation for Labor, pore. Without objection, it is so or- will repeal Roe and declare ACA uncon- Health and Human Services, and Edu- dered. stitutional, given that he has praised cation will fund. the dissents in Roe and Casey, the fact It provides the resources to continue f that he was unwilling to refute any of investing in college affordability RECOGNITION OF THE MINORITY that in any way or to even say that a through Pell grants, Federal work- LEADER limit on abortion after 4 weeks was an study programs, and programs specifi- The ACTING PRESIDENT pro tem- undue burden should raise real ques- cally aimed at low-income and first- tions for any American who believes in generation students. pore. The Democratic leader is recognized. choice and who believes in the con- It contains a $2 billion funding in- stitutionality of government helping crease for the National Institutes of f with healthcare, including preexisting Health, paving the way for important conditions. research and, we hope, new medical NOMINATION OF BRETT KAVANAUGH Then, there is one issue we discussed breakthroughs. yesterday that took on a whole new Crucially, it will supply more re- Mr. SCHUMER. Mr. President, yes- light mere minutes after our discussion sources for treatment, prevention, and terday I met with President Trump’s concluded. I asked Judge Kavanaugh recovery programs pertaining to the nominee for the Supreme Court, Judge about his remarkably expansive views opioid epidemic. State opioid response Brett Kavanaugh. Our conversation on executive authority. As context, grants put States in the driver’s seat so covered many different topics. Unfortu- Judge Kavanaugh has said that Presi- local responses can be tailored to local nately, Judge Kavanaugh refused to dents should not be subject to criminal challenges. This legislation funds them answer even the most basic questions or civil investigations while in office. to the tune of $1.5 billion. In addition, about his jurisprudence. He said the only remedy for a Presi- there are hundreds of millions of dol- He refused to say if he believed Roe dent who committed a serious crime is lars for community health centers, was correctly decided. He refused to impeachment by Congress. hundreds of millions for prevention and say if he believed Casey was correctly So I asked Judge Kavanaugh a more public awareness, and more for re- decided. He could not name for me a re- basic question: Does he believe that a search into the nature of this addiction striction on a woman’s right to choose sitting President must comply with a and alternatives for managing pain. that he would consider an undue bur- subpoena or testify or provide records? There is over $100 million in targeted den. Even when I asked him if a ban on He would not say that the President help for rural communities, like those abortion after only 4 to 6 weeks would must comply with a subpoena. in Kentucky, which continue to bear be an undue burden, he said he couldn’t I asked him that in the most extreme the brunt of this national crisis. answer that. situation: In a criminal investigation

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.001 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5793 against a sitting President, where our The prospect of the President being im- I yield the floor. national security is at stake, could the plicated in some criminal case is no f investigator subpoena the President? longer a hypothetical that can be dis- CONCLUSION OF MORNING He wouldn’t say he would. missed. It is very real. Now, that was before the news that If Judge Kavanaugh truly believes BUSINESS broke late yesterday. During our meet- that no sitting President, including The ACTING PRESIDENT pro tem- ing, actually, the news broke that President Trump, must answer for pore. Morning business is closed. President Trump’s former personal at- crimes he may or may not have com- f mitted, then he should not become Jus- torney, Michael Cohen, implicated the DEPARTMENT OF DEFENSE tice Kavanaugh with the power to President in a violation of campaign fi- APPROPRIATIONS ACT, 2019 nance laws. make those views manifest in our The sequence of those two events— books of law. The ACTING PRESIDENT pro tem- Kavanaugh’s refusal to say that a More broadly, yesterday’s news has pore. Under the previous order, the President must comply with a duly blackened an already dark cloud hang- Senate will resume consideration of H.R. 6157, which the clerk will report. issued subpoena and Michael Cohen’s ing over this administration. In addition to Mr. Cohen’s implication of the The senior assistant legislative clerk implication of the President in a Fed- read as follows: eral crime—makes the danger of Brett President, Paul Manafort was con- A bill (H.R. 6157) making appropriations Kavanaugh’s nomination to the Su- victed of violating Federal law on eight different counts in this trail, his first for the Department of Defense for the fiscal preme Court abundantly clear. It is a year ending September 30, 2019, and for other game changer. It should be. of two trials. purposes. To take a step back, President The President, identified as an Pending: unindicted coconspirator of a Federal Trump’s campaign manager was convicted of Federal crimes. President Shelby amendment No. 3695, in the nature crime—an accusation made not by a of a substitute. political enemy but by the closest of Trump’s personal attorney pled guilty McConnell (for Shelby) amendment No. his own confidants—is on the verge of to Federal crimes. President Trump’s 3699 (to amendment No. 3695), of a perfecting making a lifetime appointment to the first National Security Advisor pled nature. Supreme Court, a court that may guilty to Federal crimes. A foreign pol- The PRESIDING OFFICER (Mr. SUL- someday soon determine the extent of icy advisor to his campaign pled guilty LIVAN). The Senator from Maine. the President’s legal jeopardy. to Federal crimes, and more trials are Ms. COLLINS. Thank you, Mr. Presi- In my view, the Senate Judiciary coming. dent. Cabinet officials have been forced to Committee should immediately pause It has been 11 years since a Labor, resign for flagrant graft and profligacy the consideration of the Kavanaugh Health and Human Services, and Edu- funded by the American taxpayer. That nomination. cation appropriations bill has been con- is to say nothing of the fact that the The majority of the Senate has still sidered on the Senate floor, so let me first two congressional endorsements not seen the bulk of Judge begin my remarks this morning by of President Trump’s campaign came commending the chairman and ranking Kavanaugh’s record. At the very from two Congressmen who have remember of the full Appropriations least—the very least—it is unseemly cently been indicted on counts of in- Committee, Senators SHELBY and for the President of the United States sider trading and campaign finance LEAHY, for their determination to re- to be picking a Supreme Court Justice violations—what a swamp, what a port each and every one of the appro- who could soon be, effectively, a juror swamp. It is far worse than the swamp priations bills so they can be consid- in a case involving the President him- that existed when President Trump ered, fully debated, and amended in the self. took over. He has not cleaned the regular order. I also commend the sub- In light of these facts, I believe swamp. He has made it more retched committee chairman, Senator BLUNT, Chairman GRASSLEY has scheduled a and more fetid. and the ranking member, Senator MUR- hearing for Judge Kavanaugh too soon, No one in America can dismiss what RAY, for their leadership in creating a and I am calling on him to delay the has happened as the actions of a few bipartisan bill. hearing. bad apples. There is a cesspool around This bill will make critical invest- I know that Chairman GRASSLEY and this President. There is now an unmis- ments in medical research, opioid Leader MCCONNELL hold all the cards takable sinister hypocrisy to President abuse prevention and treatment, the in terms of scheduling hearings, but Trump’s campaign slogan: Drain the education of our students, and the plain facts of the case should com- swamp. President Trump brought the strengthening America’s workforce. pel them to the same conclusion I have worst swamp we have seen in Washing- I appreciate so much that the sub- reached—that the Judiciary Com- ton’s history to town when he came committee accommodated so many of mittee should postpone Judge here. my priorities in crafting this bill. It Kavanaugh’s hearings. Yesterday’s news leads me to make has my very strong support. I am par- At this moment in our Nation’s his- two points. First, Special Counsel ticularly pleased that the bill includes tory, the Senate should not confirm a Mueller’s investigation is clearly doing another $2 billion increase for the Na- man to the bench who believes that what it was constituted to do and find- tional Institutes of Health. Robust in- Presidents are virtually beyond ac- ing criminal activity in the process. vestments in biomedical research will countability, even in criminal cases, Already there have been four guilty pay dividends for many American fami- and a man who believes that Presidents pleas or verdicts and dozens of indict- lies struggling with disease and dis- are virtually above the law and that ments. The idea of calling Special ability, just as such research has en- only Congress can check a President’s Counsel Mueller’s investigation a witch abled us to prevent, treat, or cure power. hunt was already absurd and laughable, other serious illnesses. Over the past year, despite numerous and it becomes even more so today. Notably, this year, for the first time, abuses of Presidential authority, de- Second, the President should not the bill reaches the milestone of pro- spite numerous encroachments on the even consider pardoning Mr. Manafort viding at least $2 billion a year for Alz- separation of powers, despite numerous or Mr. Cohen at any point in the fu- heimer’s disease research—the amount attacks on the rule of law, this Repub- ture. To do so would be the most fla- that the advisory council to the Na- lican Congress has done almost noth- grant abuse of pardon power and a tional Plan to Combat Alzheimer’s Dis- ing—nothing—to check this President. clear obstruction of justice. ease has calculated is needed to find an If Congress can be captured by one par- The Rosenstein-Mueller investiga- effective treatment for this disease by ty’s deference to the President, we can- tion must be permitted to conclude its the year 2025. Tomorrow, I will join not allow the Supreme Court to be cap- work, and the President must resist Senator BLUNT and others of my col- tured as well. the impulse to interfere with pardons, leagues delivering separate remarks The doubts about Judge Kavanaugh’s dismissals, or any other action that dedicated to this milestone achieve- fitness for the bench were just mag- prevents the work of the Justice De- ment, but I did want to briefly high- nified by Mr. Cohen’s plea agreement. partment from going forward. light that investment now.

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.003 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5794 CONGRESSIONAL RECORD — SENATE August 22, 2018 As founder and the cochair of the it will help develop a coordinated stra- healthcare costs, as well as provide Senate Diabetes Caucus, I am also tegic plan to leverage our resources, greater access to behavioral health and pleased this bill continues to recognize promote best practices, and expand substance use disorder prevention and the importance of investing in diabetes services and training for our Nation’s treatment services. research. Since founding the caucus in caregivers. In addition to key health and aging 1997, funding for diabetes has increased I am sure everyone here has had the priorities, this bill also supports essen- more than sixfold, from $319 million in experience of a parent who is already tial programs at the Department of 1997 to $2 billion in 2018, and that is older taking care of a disabled spouse— Education. Notably, this bill provides only appropriate. We know treating perhaps someone with Alzheimer’s dis- increased investments in title I, which and caring for older people with diabe- ease, which is 24/7 for that caregiver. helps our public schools serve low-in- tes consumes approximately one out of Caregivers need more support and as- come students. The student support in three Medicare dollars, so this is a very sistance. They need to know where to academic enrichment grants, which expensive disease as well as one that go. We need to expand respite care, help to provide students with well- causes a great deal of heartache and which is the No. 1 concern I hear from rounded education, is an important damage to those who are diagnosed caregivers. Respite care in rural areas program that brings art, music, and with type 2 diabetes later in life. I have is extremely difficult to find. The hear- technology to our rural community also worked very hard with the Juve- ings we have held in the Aging Com- schools. I also strongly support the in- nile Research Diabetes Foundation on mittee have also put a spotlight on the creased investment in the Individuals type 1 diabetes, which is usually diag- mobility challenges that many seniors with Disabilities Education Act, IDEA, nosed in childhood and is a lifelong dis- face as they age, such as difficulty which has provided opportunities to ease. The investments we have made climbing steep staircases that can lead children with disabilities and helped have helped us make real break- to devastating falls, performing rou- many of them reach their full poten- throughs in diabetes treatment. The tine household chores, taking care of tial. Across the State of Maine, super- bill provides a $60 million increase for themselves, or being able to drive. This intendents, principals, and teachers the National Institute of Diabetes and bill provides a $4 million increase for tell me that one of the most effective Digestive and Kidney Disorders at NIH. the creation of a new aging and tech- ways we can support education overall As the NIH’s lead agency for diabetes nology program to support the develop- is to better fund the Federal share of research, this continued investment is ment of assisted technology for seniors IDEA. That would help every single critical to preventing diabetes, improv- with disabilities in rural areas. The school district. When IDEA became law in 1975, Con- ing the lives of more than 30 million University of Maine Center on Aging is gress set a goal of providing 40 percent Americans, including 12 million seniors doing such interesting work in this of the excess cost of serving students already living with the disease, as well area after collaborating with assisted with disabilities. I regret to say, we are as providing the foundation to ulti- living facilities and talking directly to nowhere near reaching that goal, but mately discover a cure for type 1 diabe- older Americans to find out what they need. Sometimes it is merely a matter this increase in funding for IDEA rep- tes. resents a step forward toward fulfilling This bill provides $3.7 billion in the of renovating a bathroom or putting up that commitment, and I hope we can fight against the opioid epidemic that grab bars, installing sensors to make sure the refrigerator door is being do more next year. is gripping our country. Sadly, in my This bill also funds teacher and opened regularly so you know the older State of Maine, the crisis has actually school leader professional develop- American is eating properly. Some- worsened with drug-related overdoses ment, and the Rural Education times it is more complicated than that. claiming the lives of 407 people in Achievement Program, a law that I co- This center will help us explore how Maine last year, according to the new authored several years ago to bring ad- statistics from the Centers for Disease technology can allow more of our sen- ditional resources to small and rural Prevention and Control. iors to age in place and stay in the schools. Students in rural America The crisis in Maine shows no signs of comfort, security, and privacy of their should have the same access to Federal abating. Indeed, the contamination of own homes, where many of them long dollars and a good education as those heroin with fentanyl has made this cri- to be. living in urban and suburban commu- Maintaining access to care in rural sis even worse, taking the lives of even nities. REAP has helped to provide eq- areas is essential, and, thus, I also sup- more who are in the grips of addiction. uity for small rural schools in Maine port the inclusion of $71.5 million for While I am very hopeful the Senate and across the country. It has helped to will consider a comprehensive opioids the Rural Health Care Services Out- support an array of activities, such as package put together by the Senate reach Grant Program. This bill also new technology in classrooms, distance HELP Committee, to which many of us calls on the Federal Government to re- learning opportunities, and profes- contributed in the weeks ahead, it is move arbitrary barriers around col- sional development. imperative that the funds provided in laboration between rural and nonrural Here is a great example. REAP fund- this appropriations bill reach our com- health providers that could inadvert- ing has helped Maine’s small island munities without delay. ently close off opportunities. We have schools connect together to create an This legislation also funds key prior- seen that happen in my State, where a island reading program using video ities for vulnerable seniors, including community health center that is lo- conference technology that this pro- the Low Income Home Energy Assist- cated in Bangor, ME, is trying to help gram made affordable. In other parts of ance Program, which I know is of in- a very rural community, Jackman, Maine, REAP has helped schools ac- terest to the Presiding Officer because ME, which unfortunately recently lost quire new technology hardware, soft- he represents the State of Alaska, and its nursing home and was using the ware, and to expand teacher training. that program is critical there, as it is local hospital for assistance. We need Having worked at a Maine college be- in the State of Maine. It funds the to have more collaboration and not let fore I came to the Senate—Husson Uni- State Health Insurance Program, arbitrary bureaucratic rules prevent versity—I know firsthand this bill’s Meals on Wheels, and other essential that kind of cooperation. It is para- important investments in higher edu- programs that make such a difference mount that we do not discourage inno- cation, including Pell Grants and the to our seniors. vative approaches in healthcare. TRIO Programs. The University of As chair of the Senate Committee on On a related note, I also applaud the Maine is one of those institutions that Aging, I am particularly delighted that inclusion of increased funding to sup- has a great TRIO Program. It will help this bill provides a $300,000 increase to port community health centers, which low-income and first-generation stu- the administration for community liv- serve approximately 27 million Ameri- dents access college education. TRIO ing for the establishment of the family cans, including upward of 186,000 indi- often makes the difference in a stu- caregivers advisory council. This coun- viduals in the State of Maine. Commu- dent’s ability to attend and complete a cil was created by a bipartisan bill that nity health centers will only continue college education. I introduced with Senator BALDWIN, to play a larger role in healthcare de- Funding for apprenticeships and the RAISE Family Caregivers Act, and livery as we seek to reduce overall workforce development programs are

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.006 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5795 also key priorities that will strengthen We have Silicon Valley and Silicon only answer is because our country’s Maine’s workforce, preparing people Hills. future military readiness depends on it. with the skills and experience they There are major academic institu- That is why it is necessary. Our ulti- need to succeed. tions nearby, like the University of mate goal here is to increase the I could go on and on, but there are Texas in Austin, St. Edward’s, Texas Army’s lethality against near-peer many others seeking recognition. Let State, and Texas A&M, with thousands competitors in the global conflicts that me just end by urging my colleagues to of students graduating each year with could arise at some point down the support the fiscal year 2019 Labor, degrees in STEM fields—science, tech- road. Health and Human Services, and Edu- nology, engineering, and math. So the Army Futures Command is cation appropriations bill. It is good It is also worth noting that Austin really the hub of modernization efforts and much needed legislation. has become a hub for startup culture for the Army. It takes new concepts Thank you. and is ground zero when it comes to from the realm of the abstract, and it The PRESIDING OFFICER. The ma- useful talent, technological ingenuity, puts them to use concretely in the jority whip. and path-breaking ideas that are form of real-world technology that the Mr. CORNYN. Mr. President, before I changing industries, institutions, and Army can acquire for its own purposes. talk about what I came here to talk what our normal ways of doing things Then it helps the warfighters imple- about, let me add my congratulations were in the past. What sometimes peo- ment and use these new tools in the once again to the vice chairman of the ple refer to as ‘‘disruption’’—certainly, field. Appropriations Committee, Senator we have seen that. There is a rough consensus in Con- LEAHY, and to Senator COLLINS, both of But Austin, let’s not forget, is also a gress that the Army’s acquisition ma- whom are critical members of the Ap- military city. We know Camp Mabry is chinery needs to operate faster and propriations Committee. They have there, the headquarters of the Texas more efficiently—certainly, more cost gotten us much further than we have Army and Air National Guards, and the effectively. It is my hope that the gotten in the last 15 years when it Texas State Guard. Not far away is the many entrepreneurs, the college grad- comes to the appropriations process. ‘‘Great Place’’ called Fort Hood, as uates, and the military reservists col- I am optimistic that we will be able well as Joint Base San Antonio to the laborating with the Army Futures to wrap this up tomorrow. If we do, the south. Command in Austin will provide inno- Senate will have voted to fund 87 per- Those military installations will now vative ideas to help remedy these prob- cent of discretionary spending. The be joined by the Army Futures Com- lems. The Futures Command could re- last time we sent him an appropria- mand in Austin, giving the bustling, duce redtape, making it easier to make tions bill, the President told us: Don’t live music capital of the world an en- decisions or changes quickly, particu- send me another omnibus. He is ex- tirely new brand and reason for atten- larly ones involving the purchase or actly right. Omnibus appropriations tion. If San Antonio, my home town, is upgrade of equipment and systems. bills are the worst way to do business; ‘‘Military City, USA,’’ you might call In a world still marred by conflicts in maybe close behind that is a con- Austin ‘‘Military Innovation City, Iraq and Afghanistan, strained by esca- tinuing resolution. USA.’’ lating cyber security threats, and You might be wondering how the We are not doing our job if we don’t threatened by the increased bellig- Army Futures Command fits into the act in a bipartisan way to move these erence of China and Russia, the U.S. existing organizational designs of our appropriations bills forward, especially military must keep pace with evolving military. In short, it complements the since we have agreed to the spending technologies in order to maintain our Army’s three other four-star head- caps. strategic advantage and to maintain quarters: the Forces Command, Train- I would just congratulate all the the peace. ing and Doctrine Command, and Army members of the Appropriations Com- Modernization is the key to deterring Materiel Command. aggression, promoting peace, and pro- mittee—Chairman SHELBY and all of The first of those trains and prepares the committee—for their good work. jecting American strength around the combat-ready soldiers. The second is globe. Secretary of Defense Mattis has ARMY FUTURES COMMAND essentially the Army’s architect. It re- made it clear that this ranks among Mr. President, tomorrow I will be cruits, designs, and builds the Army. his top priorities. heading back home to Austin where, on And the third sustains the Army by In closing, let me say that the Army Friday, I will be attending the activa- providing the necessary equipment. Futures Command is aptly named. tion ceremony for the new Army Fu- Now the new fourth command will When it comes to our national defense, tures Command. The establishment of modernize the Army by integrating we should always be looking toward this command, which began operations technology as it is developed in re- the future. It is incredible to think last month, is the most significant search labs and other facilities. When that starting in just under 3 weeks, Army reorganization since 1973. Its new staffed at full capacity, the Austin young people born in the aftermath of headquarters is in the capital of headquarters will be home to 100 sol- 9/11 will be eligible to enlist in the Texas—Austin. It will make that the diers and 400 Department of the Army Army with their parents’ consent. That epicenter of Army technology develop- civilians. That is just a start. is an amazing statistic. That tells you ment. Leading them will be GEN John Mur- something about the rapid pace of mod- So what does the Army Futures Com- ray, who was nominated and confirmed ern life and some of the transitions mand do? How does it fit into the exist- just 2 nights ago to be the commanding that are occurring right before our ing organizational structure? Why is it general of the Futures Command. My eyes. necessary? friend and our colleague, Senator CRUZ, These young people born right after Let’s start with what it does. It seeks said it well. He said: ‘‘Just as Austin is the terrible events of 9/11 have grown to modernize the Army, period. It will uniquely positioned to ensure the up in a world that sees new forms of do this by leveraging commercial inno- Army succeeds in this new mission, conflict, as well as terrorism, the likes vation, science and technology, and de- General Murray’s long career and dedi- of which the Founders of this great Na- livering them to warfighters in useful, cated service in uniform makes him tion could never have imagined. It is cutting-edge ways. In a world with rap- the right leader for Army Futures imperative, as brave men and women idly evolving threats distinct from oth- Command.’’ I agree wholeheartedly. continue to answer the call to service, ers we have faced throughout our Na- General Murray and others will help even in such harrowing times as ours, tion’s history, the Futures Command create cross-functional teams designed that we do our part to give them the could not come at a more pivotal time. to focus on specific things that the tools they need to be successful. The The Army chose Austin because it Army wants to build or improve—for Army’s Futures Command, therefore, wanted to be close to a hub of innova- example, next-generation combat vehi- is most definitely a step in the right di- tion, which Austin certainly is these cles, soldier lethality, or cloud and net- rection. days. It has roughly 6,500 high-tech work capabilities. I yield the floor. companies nestled among what is affec- The next question I want to answer The PRESIDING OFFICER. The Sen- tionately referred to as ‘‘Silicon Hills.’’ is, Why is it necessary? I think the ator from Vermont.

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.018 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5796 CONGRESSIONAL RECORD — SENATE August 22, 2018 Mr. LEAHY. Mr. President, I thank that we received every document of in- the chairman or as the ranking mem- the Senator from Texas for his re- terest to the committee. Certainly, on ber of the Senate Judiciary Com- marks. I do appreciate the encourage- behalf of the Republicans, Senator Ses- mittee. In those 44 years, I can tell ment he has given both Senator sions demanded an awful lot of records, you, frankly, that the vetting of Judge SHELBY and me in getting the appro- and I worked with him to get them. In Kavanaugh has been the most incom- priations bills through. He has been fact, when we were 12 days away from plete, most partisan, and least trans- here long enough. He knows this is the Justice Kagan’s hearing, we had al- parent of any Supreme Court nominee way the Senate should work. We have ready received a full 99 percent of her I have ever seen of either a Democratic done it in a bipartisan way, and we are White House records—99 percent. or a Republican President. It has not way ahead of where we have been at I mention that because now, at the been even close. I have taken the expe- any time in the past 2 years. same time with Judge Kavanaugh, we rience I have had here with Democrats I also want to applaud the senior are at 6 percent. The Republicans have and Republicans as President. In 44 Senator from Maine. She sits on the allowed 6 percent, and the Democrats years, I have never seen such incom- Appropriations Committee. We have allowed 99 percent. Does this make the plete, partisan, or nontransparent vet- served together there throughout our confirmation hearing a partisan joke? ting. careers, and she is a valuable member In fact, every single one of Justice Yesterday, I met with Judge of that committee. She is one who has Kagan’s records was provided by the Kavanaugh—a very pleasant man. I had helped put together, with her Demo- nonpartisan National Archives. The 6 the opportunity to ask him about cratic counterpart, good legislation percent of Judge Kavanaugh’s records many issues, including about his work that is included. In fact, there was has been provided by a political, par- in the Bush White House. Following nearly a unanimous vote in the Appro- tisan, hyperconflicted attorney. I mean our meeting, I believe even more priations Committee. Most of this has that just on the face of it, it does not strongly that the documents he au- been either unanimous or virtually pass the giggle test. The Democrats thored or contributed to during his 3 unanimous. I say that because some provided from the nonpartisan Na- years as White House Staff Secretary have felt that, in the Senate lately, tional Archives 99 percent of Justice should be released and made public you could not get a majority vote even Kagan’s records. Here we are getting now. What he wrote is far more impor- to say the Sun rises in the East. But only 6 percent of Judge Kavanaugh’s tant than what his personality might here we have been doing majority votes records, and they have been picked by be. Let’s find out what he wrote. That on things that involve everywhere from a political, partisan attorney with will tell us what kind of a Supreme Alaska to Vermont. I am pleased with hyperconflicts. Court Justice he would be apt to be. it. The superficial vetting of Judge A vigilant review of the Supreme NOMINATION OF BRETT KAVANAUGH Kavanaugh is all the more troubling Court nominee’s full record isn’t an op- Mr. President, I take the floor in my because there are still serious concerns tional matter. It shouldn’t be depend- role as vice chairman of Appropriations about the last time he testified before ent upon which party controls the in managing this bill, but I am going to the Senate. During his 2006 nomination White House or the Senate. Again, in 44 digress, as others have, for a few min- hearing for the DC Circuit Court of Ap- years, I have seen very vigilant reviews utes and speak about something else. peals, Judge Kavanaugh minimized his of Supreme Court nominees by both We are now less than 2 weeks away work on highly controversial issues in Republicans and Democrats. That is from Judge Kavanaugh’s confirmation the Bush White House, including on de- the way it should be, and I have agreed hearing before the Senate Judiciary tainee treatment and warrantless wire- with that every single time. Yet never, Committee. We are 2 weeks away, and tapping. It is now clear that we will never have I seen something like this. according to the National Archives, the only know the full truth if we get his Never, never have I seen one’s record committee has received only 6 percent full record. With anything less, we will hidden the way this one has been. It is of his total White House records. This be, simply, rushing to a verdict before undeniable that documents of clear is virtually unprecedented—6 percent the trial. public interest are being hidden from of his records and not a single one of Based on the very limited documents the American people—documents that the records we have received has been they have allowed us to see, there is an will shed light on both his views and on provided by the National Archives. additional reason to be concerned. The his fitness to serve on our Nation’s That is because the Archives will not committee has received new evidence highest Court. complete its review of the limited that sheds light on whether Judge Wearing blinders in this moment is number of records requested by Chair- Kavanaugh was truthful while under fundamentally incompatible with our man GRASSLEY until October, which is oath in 2006. Unfortunately, I cannot constitutional obligation to provide a month after the majority leader in- even describe these documents because advice and informed consent. The Sen- tends to hold a final vote on Judge they have kept them in a classified or ate is supposed to be the conscience of Kavanaugh. confidential forum, and the American the Nation. It is a sad conscience. Actually, to date, every single record people cannot see them. That is be- The Federal judiciary stands alone. that we have received from the Judici- cause nearly two-thirds of the docu- Unlike in any other branch of our gov- ary Committee has been hand selected ments the Judiciary Committee has re- ernment, the Justices, for good reason, by a political lawyer representing ceived have been designated as ‘‘com- never face the scrutiny of the elec- President George W. Bush. He is a par- mittee confidential’’ by Chairman torate. Once a Supreme Court Justice tisan lawyer who reported directly to GRASSLEY, following the request of the is confirmed, he or she will serve for Judge Kavanaugh in the Bush White partisan attorney on whom the Senate life. Barring impeachment, which has House, a lawyer who also represents is relying to do the job of the non- happened just once in our Nation’s his- White House Counsel Don McGahn, partisan National Archives. To date, tory, they essentially serve with no Steve Bannon, and Reince Priebus in that means that two percent of Judge oversight. the Russia investigation. I mention Kavanaugh’s White House records have The Senate has no second chance this because he has been very selective been made available to the American when it comes to vetting a nominee. in the very few things we have been al- people—2 percent—compared to 99 per- We have to get this right. We can’t lowed to see. cent for Justice Kagan, and they have have a vote now and 2 months from I mention this because this is in selected what that 2 percent is. Golly, now get the records and say: Oh, golly stark contrast to past precedent. Let what is in the other 98 percent they gee, if we had known this, we would me talk about the vetting of Justice don’t want us to see? have voted differently. Kagan, who, like Judge Kavanaugh, I have served in this body for 44 We have to have all of the records had served in the White House prior to years. I have been here for every Su- now and then vote. There is time to do her nomination. I was chairman of the preme Court nomination since John so. The Senate should not be focused Judiciary Committee at that time. I Paul Stevens. I have voted for a lot of on getting Judge Kavanaugh confirmed worked hand in hand with then-Rank- Republicans and Democrats on the Su- by October 1—some artificial deadline. ing Member Jeff Sessions to ensure preme Court. For 20 years, I served as Instead, the Senate should be focused

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.019 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5797 on doing its job. That requires allowing I am proud of the Appropriations that we may get the chance to vote on the National Archives to complete its Committee, but I am concerned about this before the consideration of this review of Judge Kavanaugh’s record as the Judiciary Committee. I have had bill is passed because in this legislation required by the Presidential Records the privilege of serving on it for over 40 is substantial funding in order to per- Act. years and have had the privilege of petuate a bombing campaign inside At a time when the President is fac- being chairman and ranking member. Yemen that is making this country ing unprecedented legal jeopardy, it Yet I have to say that it is not doing less safe. I argue that since this bill would be an extraordinary disservice to its job if it is not requiring all of the was debated in the Appropriations the American people to break all prece- material to be here. On the Appropria- Committee, some horrifying, new in- dence and confirm his selection to the tions Committee, Senator SHELBY and formation has come to light that Supreme Court without there being an I work to make sure that everybody is should cause us to reconsider whether actual review. heard and everybody has the material. this is something that is so urgent, we Have the review. Then, every Sen- We should be doing the same thing on need to deal with it now, this week, ator—he or she—can make up his mind the Judiciary Committee. that it can’t wait. on how he is going to vote. Don’t vote I see the chairman of the committee Unfortunately, these pictures are a blindly without having all of the mate- is on the floor, and I have spoken on dime a dozen. You could find any num- rial. The fact that Judge Kavanaugh the matter on which I wanted to speak. ber of them every single day coming has a longer record than prior Supreme I yield the floor. out of this theater. This picture, in Court nominees—something the Presi- The PRESIDING OFFICER. The Sen- particular, is of a community center dent was keenly aware of when he se- ator from Connecticut. that was bombed by the Saudi and lected him—does not excuse the Senate Mr. MURPHY. Mr. President, Sen- UAE-led coalition that the United from doing its job, because, if con- ator BOOZMAN is here and is scheduled States finances and supports. firmed, he is going to shape the lives of to speak before me. So I yield the floor Inside this community center, a fu- all Americans for generations to come. to him and will speak after he is done. neral was occurring when it was osten- If, when the National Archives com- The PRESIDING OFFICER. The Sen- sibly targeted and bombed by the pletes its review in October we learn ator from Arkansas. United States, the Saudis, and the that we did not get it right, it will fall Mr. BOOZMAN. Mr. President, I yield UAE. This is a horrifying scene, in and squarely on the shoulders of this body. to the Senator from Connecticut. of itself, but to know a funeral was oc- If the Senators rush this and find out The PRESIDING OFFICER. The Sen- curring there makes it even worse. later that there was material there ator from Connecticut. What we now know is, the targeting they should have seen, they will have UNANIMOUS CONSENT REQUEST—AMENDMENT of civilians inside Yemen is getting absolutely no excuse whatsoever be- NO. 3793 worse, not better. The new information cause they will have concurred in the Mr. MURPHY. Mr. President, in- I spoke of is something that I think is rushing. We should set this partisan cluded in the underlying appropria- on the minds of many of my colleagues. vetting aside. We should work to- tions bill are funds to continue the That new information is that last gether, as we have in the past, to actu- U.S. support for the Saudi-led bombing week, the Saudi-U.S. coalition hit a ally vet Judge Kavanaugh’s record in a campaign inside Yemen. I will speak schoolbus in northern Yemen inten- way that honors our constitutional ob- about an amendment I have that would tionally. The Saudi’s initial reaction ligation—the job the American people stop the U.S. support for this campaign was that it was a legitimate military sent us here to do. pending a determination by the admin- target. There is no way a schoolbus is I feel honored to be here as a U.S. istration that we are in compliance a legitimate military target. That Senator from the State of Vermont. I with U.S., international, and humani- schoolbus was carrying dozens of chil- do strongly believe, as I did when I tarian law regarding the targeting of dren, dozens of children who are now first came here, that this body can be civilians. dead because of a 500-pound bomb made the conscience of the Nation. We aren’t At this point, I ask unanimous con- in the United States and sold to the co- following our conscience if we don’t do sent to set aside the pending amend- alition. the real work to find out what we are ment and call up amendment No. 3793. Over the course of this year, the tar- voting on. We have voted on a lot of The PRESIDING OFFICER. Is there geting inside Yemen has gotten more things. Some have been routine. This is objection? and more catastrophic. not. This is to vote for a person who The Senator from Alabama. On June 11, a Doctors Without Bor- will serve on the U.S. Supreme Court Mr. SHELBY. Mr. President, I object. ders cholera treatment facility, located long after most of us will have left this The PRESIDING OFFICER. The ob- in the center of a humanitarian com- body. We owe it to all Americans—I jection is heard. pound, with no military value, was hit. don’t care what their politics are or Mr. SHELBY. Mr. President, I just There is no way this is a mistake. Ev- where they are from—to get it right. say that the Senator from Connecticut eryone knew about this humanitarian That is what our oath calls for. That is has a worthy amendment. We are all compound with a cholera treatment fa- why we are here. concerned about what is going on in cility inside of it, and the Saudi coali- I have voted more than all but three Yemen. I would have hoped that we tion bombed it anyway. There is no or four people in the history of this would not do it on this bill because we way that is a mistake. There is no way country. Every time I vote, I am hop- are trying to keep out a lot of riders that is a military target. That is an in- ing I am doing it right, and I try to do and things, but this is something we tentional bombing of a cholera treat- it in an informed way. are going to have to address. ment facility. I know we are going to go back now I and others on both sides of the aisle Two weeks later, on July 24, a to the appropriations bills, but here is would like to work with him because UNICEF water treatment facility was a case in which I think we have done what has been going on in Yemen is hit. I will talk a little bit about the things right. Senator SHELBY is the atrocious. I object, though, at this cholera epidemic in Yemen in a mo- chairman, and I am the vice chairman. point in time. ment, but the reason there is a cholera It is one of only three committees that The PRESIDING OFFICER. The ob- epidemic, the biggest in recorded his- has a vice chairman. We have worked jection is heard. tory, is because of these water treat- very closely together, and we have The Senator from Connecticut. ment facilities that are being taken done it in a way to get bills through in Mr. MURPHY. Mr. President, of down by the Saudi-led coalition—an- a bipartisan fashion. We actually work course, I am disappointed by the chair- other one hit on the 24th. the way the Senate did when I first man’s objection, but I take his com- On July 28, a water main supply for came here, which is the way the Senate mitment to work on this issue to Yemen’s most important port city was has worked under great leaders on the heart, and I look forward to doing that. hit, and then on August 9, as I men- Democratic side, like Mike Mansfield, I would like to speak for a moment tioned, there was the schoolbus full of or on the Republican side, like Howard about the amendment and the reason I children—kids 6 years old to 11 years Baker, and we have gotten things done. was very hopeful, and remain hopeful, old. Forty-four children died, and many

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.021 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5798 CONGRESSIONAL RECORD — SENATE August 22, 2018 more were left without arms, legs, or safe every single day. What we know is, they get one meal a day—one meal a had other injuries. AQAP is the most lethal arm of al- day—and 1 million have been affected There was a video and photos of the Qaida. It has the greatest capacity to by cholera. wreckage. The coalition initially de- hit the American homeland. It has got- By the way, according to the WHO, nied there were any children on the ten nothing but stronger inside of we are on the brink of the third cholera bus, and they still claim it was a legiti- Yemen since this civil war started. outbreak in that country in the last mate military target. There are new reports that our coali- year and a half because we continue to The United States is a key player in tion partners, the Saudis and UAE, bomb water treatment facilities. this bombing campaign. The United have been cutting secret deals with The bombing, the humanitarian ca- States has personnel who sit in the tar- these terrorist organizations. They are tastrophe, it just shouldn’t be on our geting center when decisions are made not killing or defeating them, but they conscience as a nation to be part of as to what sites on the ground will be are just cutting deals with them to this, but it is making our country less bombed. The United States pays to put push them out of the way. safe every single day. Every single day planes in the air to refuel the fighter There are new reports that the UAE that we continue this unchecked, un- jets flown by the Saudis and the Emir- is aligning itself with radical Salafi conditional support for this Saudi-led ates, and the United States sells the militias inside Yemen. They are maybe bombing campaign, we are making Iran coalition the bombs that are used. not groups that are technically labeled stronger in the region, we are post- In fact, in this Congress, we have au- ‘‘ISIS’’ or ‘‘AQAP,’’ but they are poning a political settlement, and we thorized, have taken votes on several groups that essentially trade fighters are radicalizing Yemenis against us, sales of precision-guided missiles. We back and forth with these groups that driving them to AQAP, driving them sell them PGMs because we believe are aligned with the UAE, aligned with into ISIS. they will make fewer mistakes. That the Saudi coalition on the ground. The I am going to continue to try to con- probably is right. They are probably very people who want to kill us are vince my colleagues to allow us to take making fewer mistakes with the PGMs. getting stronger every single day in- a vote on this amendment. Again, I The problem is, their targets are side Yemen—every single day that this just reiterate what this amendment schoolbuses, funerals, water treatment war goes on. says. It actually doesn’t cut off support facilities, and water mains. They can We have been told by the Saudis and for this campaign. If I were King, I more effectively hit their civilian tar- the UAE that if we just keep on back- would cut off American support for this gets with the bombs we are selling. ing their play here, eventually, there bombing campaign—I would—but I un- My amendment, which was objected will be a political settlement. We are derstand that is not where all of my to, would simply say we should not getting further and further away from colleagues are, so I am offering an continue to fund this bombing cam- a political settlement every single day. amendment to simply say we should re- paign until we have a certification They are going after Hodeidah now, quire the administration to certify from the administration that the cam- the humanitarian port. Let me tell that civilians aren’t intentionally get- paign comports with international and you, the Houthis are going to fight to ting targeted, in contravention of U.S. U.S. humanitarian laws, humanitarian the end to protect Hodeidah, never law, before we continue to support this laws that the United States has signed mind if there is an eventual assault on funding. on to. Sanaa. So the campaign is not expe- I truly think that if we took a vote These laws effectively say, bombing diting a political end; it is simply pro- on this, we would get the majority of campaigns such as this need to be pro- longing the misery and giving more op- the body to support the idea that a cer- portional to the threat, but, most im- portunity for our mortal enemies tification that civilians are not being portantly, they need to refrain from there, those terrorist groups, to get targeted is a worthwhile precondition targeting civilian populations. stronger and stronger. to continuing funding for this brutal At some point, we need to believe our Lastly, the rationale we are given is military campaign. eyes rather than the reports we get that we have an interest here because I will continue to press this. I appre- from the administration that the tar- the Iranians are backing the Houthis. ciate the support I have gotten from geting is getting better and that with- There is no doubt—no doubt—that the many Republicans. A growing number out the United States in these tar- Iranians are backing the Houthis. of Republicans are supporting the idea geting centers, without the PGMs, and There is no doubt we have an interest that as the facts change, we need to without the refueling missions, the tar- in trying to push back against growing change our approach. geting would be worse; that the civil- Iranian influence in the region, but Before I wrap up, I will finally note ian casualties would be worse. every single day we participate in this that we had come together on an It is hard to imagine it being any campaign, the Iranians go in harder, amendment to the authorization bill worse than it is today. It is hard to the Iranians go in stronger. that we thought moved the ball for- imagine anything worse than The military campaign, which ward. In the authorization bill, we ac- schoolbuses and water treatment facili- postpones the political settlement, is tually did require that the administra- ties and cholera treatment centers just making the Iranian presence in tion make some of these basic certifi- being targeted by this coalition. At Yemen worse. They now have more ad- cations before continuing to fund the some point, we have to believe what we vanced weapons than ever before inside refueling missions. are seeing rather than what we are Yemen, including short-range ballistic In the President’s signing statement, being told by the administration. missiles, because they are readying to he effectively told us he would ignore There has been a 37-percent increase defend Hodeidah, and they are readying that section of the authorization bill in civilian casualties from airstrikes in to defend Sanaa. because he did not think it was in the 2018 compared to 2017. Seventy percent Just remember that when things like authorizing power of the U.S. Congress of the civilian deaths inside Yemen are this happen, it is not that the Yemenis to put those conditions on the refuel- caused by these coalition airstrikes. who survive blame the Saudis or the ing missions. I disagree. I think that is I can spend time talking to you Emirates; they blame the United clearly within our authorizing power, about the atrocities the Houthis, who States. The world blames the United but there is no way the President or are on the other side of this civil war, States. We are radicalizing a genera- the administration can object to condi- have committed, but the fact is, the tion of Yemeni children against us, and tions on appropriations because appro- majority of the civilian casualties are that will have implications for U.S. na- priations are unequivocally in the caused by the side we are supporting— tional security for years to come. power of the U.S. Congress. that we are supporting. Twenty-two million people inside Given the fact that we all came to- Lastly, let me make the case to you Yemen today require humanitarian as- gether on these conditions under the that even if you don’t buy the uncon- sistance. Seventy-five percent of the leadership of Senator REED, Senator scionable nature of targeting civilians country cannot live without humani- CORKER, and Senator SHAHEEN, with U.S. support, this bombing cam- tarian assistance. Eight million people amongst others, this is simply reit- paign is making the United States less are on the brink of starvation, meaning erating what we did in the authorizing

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.007 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5799 bill—in the appropriating bill—to During a ceremony by the Military U.S. Senate because it is at the fore- make sure we are doing our due dili- Order of the Purple Heart in Fayette- front of the American people. I will re- gence as the U.S. Congress to make ville, AR, earlier this month, Aaron iterate again that I can’t wait any sure this kind of horror isn’t under- spoke about the medal’s significance to longer. taken unnecessarily with U.S. funds. him. He said that his Purple Heart In 2015, it took the expiration of the I yield the floor. medal reminds him that we have those Land and Water Conservation Fund be- The PRESIDING OFFICER (Mrs. among us who are willing to shed their fore Congress got serious about reau- ERNST). The Senator from Arkansas. blood, their sweat, and their families’ thorizing the program and allowing PURPLE HEART RECOGNITION DAY tears to protect the values and ideals these vital conservation efforts to con- Mr. BOOZMAN. Madam President, I we hold most dear. He told attendees: tinue. I am putting this body on notice rise to pay tribute to our Nation’s Pur- ‘‘It is up to us to ensure that we are once again: I will not allow it to expire ple Heart recipients. The Purple Heart living lives worthy of such a sacrifice.’’ again. is one of the most recognizable medals Aaron has faced many challenges, Several pieces of legislation have of our Armed Forces. but his contagious enthusiasm for life come before this body over the pre- The military decoration, a heart- has opened many doors, including se- vious months, and yet again I am being shaped medal featuring a bust of lection to serve in the Wounded War- told by my colleagues—many of whom George Washington and his coat of rior Congressional Fellowship Pro- profess, by the way, to be supportive of arms, is bestowed upon the men and gram. Seeing how he has fought this legislation—that we should wait women in our military who are wound- through this tremendous adversity just a little bit longer, that I can’t ed or killed in action. This is a power- continues to inspire me. It is impor- even receive a vote on the matter until ful symbol of the sacrifice made by our tant to recognize and not forget the then. I have offered my colleagues a Nation’s military servicemembers. sacrifice of Aaron and his brothers- and very simple proposition: Give me one This month, we recognized Purple sisters-in-arms defending our way of vote on reauthorizing the Land and Heart Day, which is observed annually life. Water Conservation Fund at a 60-vote on August 7. This day commemorates There are patriots like Air Force threshold. I am not asking for us to the anniversary of the Badge for Mili- TSgt John Chapman, who gave his life forgo the requirements for a 60-vote tary Merit, the precursor to the Purple in defense of this country while bravely threshold. Heart created by George Washington. fighting against al-Qaida. Sergeant I have asked for an amendment for Purple Heart Day recognizes those men Chapman exemplified the Air Force’s months on any legislation coming and women who have borne the ruins of core values of integrity first, service through the Senate, and I am being re- battle, and paying tribute to the recipi- before self, and excellence in all we do, peatedly told no. So I am here offering ents of our Nation’s oldest military during his heroic efforts against the a somewhat different solution. The bill medal demonstrates our respect and enemy in Afghanistan on March 4, 2002. that I will ask unanimous consent on gratitude for their sacrifices. He continued his defense against the shortly is different in that the lan- I have also been working on new enemy, saving the lives of American guage hasn’t been offered as a stand- ways to honor and acknowledge the rescue team members, despite his own alone bill, but it is actually language men and women who put themselves in grave injuries. Today, President Trump that has been passed by the U.S. Sen- harm’s way in the defense of our Na- will celebrate this American hero by ate—this Chamber—by a vote of 85 to tion. In July, Senator SCHATZ and I in- posthumously awarding him with the 12. It is a bipartisan bill—or it is bipar- troduced the Purple Heart and Disabled Medal of Honor. tisan language that was part of the en- Veterans Equal Access Act of 2018 to We owe all of the men and women ergy package that Chairman MUR- expand commissary eligibility to Pur- killed or wounded in combat our heart- KOWSKI negotiated with the ranking ple Heart recipients and other deserv- felt gratitude for their selfless sac- member, and it includes reforms that ing groups of veterans. I am pleased rifice. Although they often are not both sides would like to see. that the recently passed National De- seeking out recognition, awards, hon- There is one change that I am offer- fense Authorization Act included this ors, or things of that nature, they cer- ing today; that is, the ability for LWCF language that opens access to Purple tainly deserve nothing less than our to be reviewed every 3 years for all fu- Heart recipients. public and our private displays of ap- ture Congresses, if they believe it is Additionally, last year Congress preciation. The Purple Heart symbol- warranted. It does so by including a passed the Forever GI bill. At the be- izes their patriotism, dedication, and joint resolution of disapproval every 3 ginning of August, several provisions commitment in defense of a grateful years in perpetuity, meaning an indi- took effect, including the eligibility for nation. It is a fitting tribute to those vidual from this body can come to the post-9/11 Purple Heart recipients to re- whose own hearts overflow with a floor and, with the appropriate votes ceive full education benefits for up to 3 fierce love for their country and who for disapproval, can eliminate the years. are willing to defend it with their lives. automatic reauthorization. An estimated 1.8 million Purple I yield the floor. This is a permanent authorization of Hearts have been awarded in our Na- The PRESIDING OFFICER. The Sen- LWCF, but every 3 years, the Senate as tion’s history, and it is symbolic of the ator from North Carolina. a body can vote to disapprove the auto- price our men and women who serve in LAND AND WATER CONSERVATION FUND— matic reauthorization, and, in fact, uniform are willing to pay and the debt UNANIMOUS CONSENT REQUEST they would essentially bring an end to of gratitude we owe them for their self- Mr. BURR. Madam President, I rise the program. The provision gives Con- less service. The story of these heroes today to talk about the Land and gress a chance to take another look at who earned this military honor con- Water Conservation Fund. the program every couple of years, tinue to inspire us all. Today we have only 39 days until which seems to be in line with a num- Purple Heart Day honors the sac- September 30, which is the expiration ber of what my colleagues currently rifice of Aaron Mankin. Aaron joined of the current authorization for the want, given the short-period options the Marine Corps in 2003. In May of Land and Water Conservation Fund. I that I have been offered in the past few 2005, while deployed in Iraq as a com- am committed more than ever to get- years. bat correspondent, he survived an IED ting LWCF reauthorized or the author- Let me talk about the reason this is attack near the Syrian border. He sus- ization across the finish line. I have permanent, because when LWCF was tained intense burns and major lung been waiting to get a vote for the en- created in the 1960s, its original au- damage. The injury to his lungs was so tire 115th Congress. I have been told to thorization was for 25 years, and when extensive that he was placed on a ven- wait, and I was patient for a while. The it came up for reauthorization in 1989, tilator. He had third-degree burns on last time I was on the floor, I offered it we reauthorized it for another 25 years. his arms and lost his thumb and two- as an amendment to the last appropria- It wasn’t until 3 years ago, when it was thirds of the index finger on his right tions bill, knowing that it was not ger- up for reauthorization, that all of a hand. To date, he has endured nearly 70 mane but knowing that the issue need- sudden the Senate, in their infinite surgeries. ed to be brought to the forefront of the wisdom, decided: Well, we are only

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.008 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5800 CONGRESSIONAL RECORD — SENATE August 22, 2018 going to do this in 3-year increments. will appropriate roughly $450 million. would go in and actually cut down And even as late as a month ago, we So if we were to appropriate the same something. Not only did they do it, were offered a 1-year reauthorization. thing and never increase the size of the they did it with money that was do- What does a 1-year reauthorization say trust fund, this program would run well nated to them by people who use the to the conservation community, which over 30 years on the existing money park. plans for generations what programs that is in the fund, assuming that there ‘‘A Fresh Face for Flat Top.’’ Flat they will have to work with? It was was no increase in the fund’s balance Top is a property that, when the Park- only in 2015—after LWCF expired, I because of money it might make off of way was created in the 1950s under the might add—that Congress chose a it. jobs program, was a residence that was short-term extension. LWCF helps make access for out- absorbed into the park property. Hope- I believe that to embrace what the doorsmen easier by purchasing fully, the restoration on this will let creators of this program believed, we inholdings and edge holdings. With this property last for another 100 have to get back to a longer term reau- changing land use and ownership pat- years—all driven with volunteer dol- thorization, and I will propound in this terns, historic recreational access can lars, not with appropriations. We know unanimous consent request that it be be cut off or blocked in many areas. Of- the backlog we have with maintenance permanent, with a 3-year review and tentimes, vast expanses of public land needs on our parks. the ability to pass a disapproval of that are separated from roads and towns by The last one I will highlight is authorization. It is a responsible pro- narrow strips that are privately held, ‘‘Farm Aid: Repairs to historical struc- posal. necessitating a long drive to access tures at Humpback Rocks are under- This Chamber agreed to pass these hunting or fishing grounds only a few way.’’ I will just read the last sentence reforms on a bipartisan basis, and I am miles away. of the paragraph: ‘‘This is a much need- offering even more opportunity to ap- America’s growing population needs ed transformation and a great example peal to the concerns of my colleagues more outdoor recreation and more ac- of your donations at work!’’ than we have ever done. I would urge cess opportunities, not fewer. If we You see, this isn’t something where my colleagues to allow me to get this want our children and grandchildren to we are trying to pull the wool over the bipartisan language passed so that we enjoy the same hunting, fishing, camp- eyes of the American people. We are can concentrate on other pressing mat- ing, hiking, and paddling opportunities actually highlighting the great things ters. we enjoy today, protection of habitat we have preserved, and we have an op- I think it is important, and I can and watersheds must keep pace with portunity to use the Land and Water never miss an opportunity to talk the growing population and develop- Conservation Fund with zero taxpayer about what LWCF is. It is a popular ment pressures. This program is widely dollars to leverage these private dona- and successful bipartisan program. supported by the outdoor recreation in- tions for projects like farm aid. There is a House companion bill, which dustry, conservationists, hunters, an- The last one: ‘‘Leave Your Mark on has 233 cosponsors. Let me say that glers, birdwatchers, and all who appre- the Mountains: Where there’s a will, again: It has 233 cosponsors. ciate access to America’s unparalleled there’s a way.’’ This basically says give LWCF is a dedicated means for the public assets. The U.S. outdoor recre- to the Blue Ridge Parkway Founda- conservation and protection of Amer- ation economy generates $887 billion in tion. ica’s irreplaceable natural, historic, consumer spending and $65 billion in I say to my colleagues, this makes cultural, and outdoor landmarks. Over tax revenue. such common sense to me. Across this the 50-plus years of its history, the North Carolina has received approxi- country, we have individual Americans Land and Water Conservation Fund has mately $246.7 million in LWCF funding who give of their own money, not just conserved iconic landscapes in every over the past five decades. This is a to protect but to maintain these valu- State and is responsible for more than newsletter I got in the mail over the able pieces of land. Here, we have an 42,000 State and local outdoor recre- weekend from the Blue Ridge Parkway opportunity to use money that was des- ation projects. It is far and away the Foundation. I want to highlight a few ignated over 50 years ago, authorized, Nation’s most important conservation things in this because this is all about that we accumulate in a pot, and we program. the program. use that to leverage the private dona- LWCF has protected places like the The first one is the ‘‘Community of tions. Maybe this is a model for us to Great Smoky Mountains National Stewards’’ thanking Project Parkway look at as to how we do park mainte- Park, Cape Lookout National Sea- volunteers, highlighting the effort nance, where we might be able to lever- shore, and the Blue Ridge Parkway where 200 volunteers devoted their age more private sector dollars to help through the Federal programs and time to cleanup projects along the Blue with park maintenance because this, in places like Whitehurst Forest, Camden Ridge Parkway. essence, is maintenance, but it is also Community Park, and Four Mile Creek ‘‘High Pass Boogie riders’’: preservation of national treasures. Greenway in Mecklenburg County This spring’s High Pass Boogie motorcycle The program has been so successful through State and local programs. event was a hit! Riders enjoyed a weekend of that just a decade after its original en- LWCF is already paid for by using a fun and raised $13,000 for the Parkway. actment, Congress, in 1977, decided to very small percentage of receipts off of ‘‘Happy Camper Memories.’’ Here is triple its authorization level to $900 oil drilling revenues. Let me put that an individual who, as a child, actually million—the level it remains at today. in layman’s terms that every Member spent her summers camping in the Blue Let me just point out for my col- of Congress can understand. It requires Ridge Parkway, and this is her story of leagues, it is authorized to be appro- no taxpayer money. We use a percent- what it meant to her. Talk about a priated, $900 million a year; it has $21 age of receipts that we collect off of ex- generational impact. It is right there. billion in its fund, and this year we will ploration, and that funds the Land and ‘‘Overlooks get a clear perspective.’’ appropriate about $455 million. I am Water Conservation Trust. Some of my colleagues say this empow- not here to fight an appropriations bat- I might add that this doesn’t bypass ers the Park Service—or somebody— tle. I will save that for when we have appropriators. I will remind everybody and they limit access. I just talked permanent reauthorization because I that I am not here amending an appro- about how we are using this to expand think it is high on the passion list of priations bill. This requires appropri- access. But here is one where the Park many Members. ators on an annual basis to appropriate Service took on the opportunity, with As of March 30, about $21.5 billion is money. The pot, though, is accrued private funding, to begin to clear the in the LWCF fund. From 1965 through based upon the royalties off of explo- view over overlooks so that people who 2018, about $39.8 billion was credited to ration, so not a dime of taxpayer ride down the Blue Ridge Parkway can LWCF. Less than half that amount, money is used. stop at the overlook and actually see $18.4, has been appropriated. I might also add that the current ac- the beautiful land that is out there, I want every Member to understand count balance for the Land and Water where it had been encroached by scrub what I am asking today. I am going to Conservation Fund is $21 billion. This trees. Some of my colleagues would ask unanimous consent that the Sen- year, the Congress of the United States never think that the Park Service ate take up a bill with an hour debate

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.010 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5801 and an up-or-down vote that does this: outlined. Some of the good work we see more important than the health and It permanently authorizes the Land in North Carolina; some of the good safety of our children. It is the most and Water Conservation Fund. It does work we see with stateside LWCF. In basic desire of any mom or dad to not appropriate. It still leaves up to ap- my State, and in all of our States, I watch their child grow up happy and propriators the annual amount that is think we have seen that role. healthy and to achieve his or her God- appropriated. The language of this bill What the Senator has laid out here given potentials. Sadly, for too many is a negotiated, bipartisan reform today I think is, in fairness, very right. children in this country, the chance at package led by the chairman of the En- It is a very popular program. We have a healthy life and a bright future is ergy Committee. Most importantly, to had individuals look at it and see the stunted by external environmental fac- those who have been uncomfortable concrete benefits in the places they tors beyond their control. with the extension of reauthorization love. It does have good support in both In some communities, in States like in the past, every 3 years the Congress bodies. I think that is an absolute, my home State of Indiana, with a long is given the ability to pass a dis- when you look at the cosponsorship, history of commercial and industrial approval for reauthorization, and if particularly on the House side. Some- manufacturing, the potential for expo- they collect those votes, the program times it is a little bit difficult over sure to hazardous contamination is a is not authorized. there to get those strong numbers. reality that must be constantly mon- I am not sure that we have left any The Senator rightly points out that itored and carefully managed. For that concerns that have been raised over the the language he has used was part of an reason, I would like to talk about why past year and a half out of the equation Energy bill that enjoyed strong, strong our work on this appropriations bill in this bill. I thank the chairman of support on this floor—85 to 12—a year that would fund agencies, including the the Energy Committee for her diligent or so ago, and the language he has uti- Department of Labor, as well as Health work at negotiating the bipartisan lan- lized in his proposed bill is language and Human Services, is so important. guage and her willingness to be sup- that we had included, for the most Last week, the Agency for Toxic Sub- portive of the reauthorization. I firmly part, in our bill, with the addition of stances and Disease Registry, also believe that she will have to object be- what he has suggested, with the oppor- known as ATSDR, held a community cause, in some cases, that is your job tunity every 3 years to revisit this. So meeting in East Chicago, IN, to discuss when you chair a committee. But be- it takes a good core of a bill that has the ongoing impacts of lead exposure in fore I make my unanimous consent re- already passed and kind of stood the particular neighborhoods built over an quest, I want to make a promise to all test of fire, if you will. old U.S. Steel lead smelter. I think it is important to note, with the Members: If I have to come down At the meeting, ATSDR released a that Energy bill, that LWCF piece was here and do this morning and after- report which indicated that in these part of a negotiated package that did neighborhoods 30 percent of children noon, day after day after day, I will do include other components. I think we tested between 2005 and 2015 had blood it. I have enough iterations of this bill would still like to see those other com- lead levels above the CDC’s reference that I can accommodate the concerns ponents moving through. I am cer- level. That is 12 times higher than the anyone may have and find a way to get tainly committed to working to ad- national average of 2.5 percent. permanent authorization. It is not be- vance them and have told the Senator The impacts of lead exposure are dan- cause I want it; it is because the Amer- from North Carolina that is my inten- gerous and irreversible. Even low levels ican people want it. It is because the tion. of lead have been shown to affect a next generation deserves for us to do I also believe Senator BURR when he this. For some unknown reason, a says that he will continue with this ef- child’s I.Q., the ability to pay atten- small number of people will not even fort—that he will continue to bring tion, and academic achievement. Think allow a vote to happen. this issue to the fore—because he be- about what that means for these chil- UNANIMOUS CONSENT REQUEST—LWCF lieves it is the right thing to do. Per- dren, for their families, for the commu- Madam President, at this time, I ask manent reauthorization is timely. I nity, and for our country. unanimous consent that at a time to be will note to colleagues that while this In East Chicago, the fight to combat determined by the majority leader, in authorization does expire September lead exposure is a team effort, and it consultation with the Democratic lead- 30, it is important to remember that also includes partners from the city, er, the Senate proceed to consideration the outlays from the LWCF will con- the State department of health, and of my bill, which is at the desk, in rela- tinue. So the appropriations he has ref- IDEM, as well as the Environmental tion to LWCF; that there be 1 hour of erenced—$450 million for this par- Protection Agency and the Depart- debate; and that the Senate vote on ticular year—still go out. But he raises ments of Housing and Urban Develop- passage with no intervening action or a very valid point that we have an au- ment and Health and Human Services debate. thorization. As it is coming due at the at the Federal level. The PRESIDING OFFICER. Is there end of this next month, this is an op- It is critical that our Federal part- objection? portunity for us to act. It seems that ners continue to support these efforts The Senator from Alaska. we act best when there is a little pres- by providing the best science, research, Ms. MURKOWSKI. Madam President, sure from behind or with a timeline, and resources to help identify and re- reserving the right to object, I do stand and my commitment to him this morn- mediate contamination, as well as edu- reluctantly and in an unenviable posi- ing is to continue this work and con- cate our impacted communities. That tion, as my friend from North Carolina tinue this effort. is why I am pleased that this appro- has noted. As the chairman of the au- I appreciate what he has done to ad- priations bill more than doubles the thorizing committee, the Energy Com- dress some of the concerns. I think we current level of funding for CDC’s ef- mittee, I will be objecting at this time. both know there are still outstanding forts to reduce childhood lead poi- But I want to acknowledge not only issues that we have with some col- soning. This funding is critical for low- the work of the Senator from North leagues. In an effort to not only move ering blood lead levels and preventing Carolina but the passion with which he this across the Senate floor but allow future harm. It also helps educate has put himself into this issue, which it to get to the point at which it is suc- healthcare providers and the public is something I think all of us—whether cessfully implemented into law—I want about lead poisoning, monitor child- we are from North Carolina or Alaska to work with him to achieve that. But hood blood lead levels, and provide or points in between, coastal, inland— at this point in time, I reluctantly will funding to States for childhood lead- care about. We care about our Nation’s object to the request of the Senator poisoning prevention. environment. We care about the land from North Carolina. Another important tool we have to that supports us. In our hearts, I think The PRESIDING OFFICER. Objec- protect the health and safety of our we are all conservationists. tion is heard. communities is Trevor’s Law. Au- When you think about the purposes The Senator from Indiana. thored by my good friend Senator MIKE for which the Land and Water Con- LEAD EXPOSURE CRAPO and passed as part of the bipar- servation Fund was established, it is to Mr. DONNELLY. Madam President, tisan Frank Lautenberg Chemical do just exactly what Senator BURR has as a parent, I know there is nothing Safety for the 21st Century Act in 2016,

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.012 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5802 CONGRESSIONAL RECORD — SENATE August 22, 2018 Trevor’s Law was designed to provide circuit court of appeals? How much can Recently, I had the opportunity to Federal agencies with the authority to you hide about that person’s legal phi- meet with Judge Kavanaugh, like help conduct investigations and to losophy? many of my colleagues. I found him to take the necessary actions to help ad- In the past, my friend Senator SCHU- be just as his reputation and record dress factors that may contribute to MER has asserted that the best way to suggested—smart, genuine, approach- the creation of cancer clusters. Addi- evaluate judicial nominees was to re- able, and well qualified to serve on the tionally, the law is intended to better view their judicial record. Perhaps he highest Court of the land. What I have enable Federal agencies to coordinate should follow that advice this year, not found in my review of Judge with State and local agencies and the 2018, in our approach to Judge Kavanaugh’s qualifications is any indi- public in investigating and addressing Kavanaugh. In 2009, when considering cation that he is radical or outside the potential cancer clusters. It is the type Judge Sotomayor’s nomination to the judicial mainstream, as some of my of commonsense support and coordina- High Court, my friend the senior Sen- colleagues might contend. tion Americans expect when they face ator from New York encouraged this It is disappointing to see that nega- the fear that something may be put- body to focus on the nominee’s 17-year tive assumptions about Judge ting the health and the safety of their record as a judge rather than engage in Kavanaugh were reached almost imme- community and their beloved children what he called fishing expeditions. diately after his nomination or even at risk. To supplement Judge Kavanaugh’s before the nomination took place, well For the community of Franklin, IN, 12-year record of judicial opinions, the before lawmakers could meet with him in Johnson County, Trevor’s Law is the Senate is receiving a lot of docu- or take a serious look at his back- type of Federal support they need ments—more than 1 million documents ground. One activist group hastily sent today as they work with the State to so far, the largest volume of records out a press release opposing Judge seek answers to reports that nearly 50 ever reviewed for any Supreme Court Kavanaugh before filling in his name. children have been diagnosed with var- nominee. It is the largest volume of It is clear that the message would have ious types of cancers in the last 8 records ever. If our Democratic friends been the same no matter whom Presi- years. Unfortunately for these families, want documents, we have them for our dent Trump chose—just fill in the many of whom I have had the privilege Democratic friends to read. blank: Oppose President Trump’s nomi- and opportunity to get to know, In addition, Judge Kavanaugh has nation of judge blank. He is radical and Trevor’s Law has not yet been imple- submitted more than 17,000 pages in re- outside the judicial mainstream. mented. That is why I am offering a sponse to the Senate Judiciary Com- The American people understand simple amendment. It provides $1 mil- mittee’s questions. The documents this. The American people also chose lion to fund the implementation of that have been turned in from his time President Trump in large part, I be- Trevor’s Law so we can leverage every in the Bush White House total more lieve, to fill the vacancy left by the bit of knowledge, research, expertise, than 238,000 pages. Most of these were late Justice Scalia. This was a decision and ingenuity to make sure our com- already available to the public. In com- we preserved for the American people munities are safe places to raise our parison, Judge Gorsuch made available on election day. President Trump se- families. 182,000 pages. Justice Kagan, when she lected an excellent jurist in Judge We are blessed to live in a great was being confirmed, made available Gorsuch, and I am certain Judge country, founded on the idea that our 170,000 pages for review. In comparison, Kavanaugh will follow in the same children can grow up to be anything Judge Kavanaugh’s number is 238,000 great tradition. they dream of. Our job is to keep that pages. The outside noise involving Judge What has changed? I think the Amer- promise for future generations and to Kavanaugh should not deter the Senate ican people know what is happening in give young people every chance there is from upholding its constitutional duty this debate. The Senate should not be to succeed. I urge my colleagues to join to provide advice and consent on judi- distracted by these stall-and-delay tac- me and Senator CRAPO in taking this cial nominees. Frankly, we need to get tics. Instead, let’s focus on the fact important step to ensure that we em- this done before the first Monday in that Judge Kavanaugh brings with him ploy the very best scientific research, October, when the new session of the a respected reputation and legal knowledge, response, and coordination Supreme Court will meet. If we follow record. He has written some 300 pub- to ensure that our communities remain the precedence of the last two con- lished legal opinions. Let’s use the safe places to raise our children. firmation processes, we will indeed Madam President, I yield back. Schumer rule and judge him on those have plenty of time to do that. The PRESIDING OFFICER. The Sen- legal opinions. ator from Mississippi. Judge Kavanaugh’s positions have al- I look forward to our consideration next month of Judge Kavanaugh. I look NOMINATION OF BRETT KAVANAUGH ready been adopted by the Supreme Mr. WICKER. Madam President, I Court. No fewer than 13 times, the Su- forward to the hearings, which will rise today to support Judge Brett preme Court has adopted for the law of deal with his many qualifications for Kavanaugh and to join the chorus of the land an opinion put forth at the the Supreme Court. I think the Amer- Members of the Senate and millions of circuit court level by Brett Kavanaugh. ican people will be watching, and they Americans who are coming to the con- I will admit that on one occasion, the will see that he is a jurist capable and clusion, as I have, that Judge Supreme Court partially reversed willing to do what is right and fair Kavanaugh will be an excellent addi- Judge Kavanaugh. To me, it is better under the law. tion to the U.S. Supreme Court. He has than a 13-to-1 record of being adopted A former professor summed it up outstanding qualifications for the and upheld by the U.S. Supreme Court. very well in writing about Judge Court, but some of my friends on the Judge Kavanaugh has earned positive Kavanaugh for the New York Times. other side of the aisle are desperately attention and praise for being a good Professor Akhil Reed Amar said this: seeking to find an argument—any ar- mentor, producing a number of clerks ‘‘Good appellate judges faithfully fol- gument—to derail his nomination. who have gone on to work for the U.S. low the Supreme Court; great ones in- The latest attempt by my friends on Supreme Court itself. One of his former fluence and help steer it.’’ As a circuit the other side of the aisle is to claim clerks wrote in July: ‘‘No court-of-ap- judge, Judge Kavanaugh has influenced they simply do not have enough infor- peals judge in the nation has a strong- the Supreme Court, has steered the Su- mation about him to make an informed er, more consistent record than Judge preme Court. It is now time for him to opinion. Yesterday, the distinguished Brett Kavanaugh.’’ Indeed, Judge be elevated to the highest Court in the minority leader of the Senate came to Kavanaugh is known for being thought- land, and I support his confirmation. the floor and suggested that Repub- ful, principled, and a jurist who will de- Madam President, I yield the floor. licans and Judge Kavanaugh are hiding fend conservative values and uphold What is the pending business? something. This raises the question: the sanctity of the Constitution. That The PRESIDING OFFICER. H.R. 6157. How much can you hide about a distin- is exactly what the American people Mr. WICKER. Thank you. guished judge who has been issuing want. It is exactly what the American The PRESIDING OFFICER. The Sen- opinions for 12 straight years on the people have voted for. ator from Texas.

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.013 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5803 FIRST ANNIVERSARY OF HURRICANE HARVEY and after Hurricane Harvey, when you rate bills, we came together and made Mr. CRUZ. Madam President, I rise saw ordinary Texans risking their lives it possible to clean debris, to open today to recognize the first anniver- to save each other. There were no schools, to rebuild homes for families, sary of Hurricane Harvey’s destruction party lines. There were no Republicans and to give entire towns a new start. along the Texas gulf coast. This Satur- and Democrats. There wasn’t Black, My colleague Senator CORNYN and I day, August 25, marks 1 year since the White, Hispanic, or Asian. We were have worked hand in hand on each of most destructive storm in Texas his- simply Texans helping Texans, stand- these relief bills in the Senate, increas- tory made landfall. ing as one, united. We were lifted up by ing the funds available to hurricane Hurricane Harvey is now considered prayers from millions across Texas, victims from those that originally had the second most costly hurricane in across the country, and across the come over from the House, increasing U.S. history, second only to Hurricane world. the overall amount of funding for the Katrina, but more importantly and I remember one gentleman I met. It U.S. Army Corps of Engineers for flood more tragically, Hurricane Harvey was at the George R. Brown Conven- prevention projects, as well as for fund- took many, many precious lives. Har- tion Center, which had been stood up ing other mitigation activities under vey started out as a category 4 storm as a shelter for the many who had lost the Community Development Block hitting South Texas, making landfall their homes. I was there one morning Grant Program and the Disaster Re- at Corpus Christi, Victoria, Port Aran- volunteering, serving oatmeal. Next to covery Program. sas, Rockport, Aransas Pass, and me, someone else was volunteering, Last month, as part of this funding, Refugio, doing devastating damages serving oatmeal as well, and I said to the Army Corps announced that Texas with 135-mile-an-hour winds. him, as I tried to say to many, many would receive nearly $5 billion for It took down powerlines. It stopped people throughout that tragedy: Thank projects in the State as part of its dis- fresh water. It clogged sewage systems. you. Thank you for the difference you aster supplemental funding plan— It devastated people’s homes and peo- are making. Thank you for helping out projects dealing with long-term flood ple’s businesses. your fellow Texans. Thank you for mitigation to prevent this sort of trag- I visited each of those communities being here. edy from occurring again and to re- many, many times in the weeks and I remember he laughed, and he said: build in a way that is stronger and months that followed Hurricane Har- Well, I have to be here. My home is un- more resilient and that protects homes vey, and I have seen the transition derwater. I don’t have another place to and businesses and families. This those communities have undergone in sleep. means that roughly half of the relevant dealing with the disaster and then re- Even though he had gone to seek Army Corps construction funds will go building. But Harvey wasn’t done after making shelter, once he got there, he wasn’t to projects in Texas intended to help to landfall. Then, it moved north and content simply to receive aid and as- prevent future flooding events. The Department of Housing and east, parking over the city of Houston sistance. He wanted to help out. That Urban Development has awarded over and just sitting there. Over a 6-day pe- was the spirit and the community that $10 billion in community development riod, Harvey dumped 27 trillion gallons we saw all up and down the gulf coast. of rain over Texas and Louisiana, caus- I remember visiting with two young block grant disaster recovery funds to ing historic flooding—flooding that is boys. They were 8 and 10 years old. Texas. These crucial funds will go a not a 100-year flood, not a 500-year They were in their home when water long way and already have to meet the flood, but a 1,000-year flood. rose to waist level, and they had to be needs of Texans who are continuing to In southeastern Texas, Hurricane rescued by boat. I remember visiting repair and to rebuild from Harvey. Harvey dropped rainfall of more than with these boys and saying: Was that We also joined together to pass an 60 inches, which exceeds the annual scary? How are you doing? emergency tax relief bill. I joined with rainfall on average for that region. Both boys started laughing, and they Senator CORNYN and Senator RUBIO, Over 300,000 structures were flooded in said: Are you kidding? We got to swim and together the Cruz-Cornyn-Rubio southeast Texas, and a half million in our living room. bill granted over $5 billion in emer- cars. More than 200,000 single family That kind of joy suffused dealing gency tax relief to those who had been homes were flooded across the State, with the tragedy. impacted by these hurricanes, allowing many of which were not in flood plains Since the flood waters have receded, people who had lost their homes or had and not deemed to be at risk of floods. many, many families have returned seen devastating damage to their But we don’t mark this anniversary home. Some bravely made a home in homes to deduct those damages from in a spirit of tragedy—rather, in a spir- new surroundings, and the long, impor- their taxes and allowing people to take it of triumph. There were many bright tant work of rebuilding has continued. money from their retirement savings— lights that cut through the darkness of One year ago, you could take a boat their IRAs and their 401(k)s—and to use the storm. There were the police and through city streets. I still remember those savings to rebuild their homes first responders who led thousands of riding on a boat down Clay Road, a without paying the ordinary 10 percent families to safety. Some, like Sergeant road in northwest Houston. I became a early withdrawal fee. It also gave a tax Perez of the Houston Police Depart- Christian at Clay Road Baptist Church. credit to employers—the many, many ment, made the ultimate sacrifice Clay Road was under 8 to 10 feet of small businesses who kept the pay- while protecting his community. water, and I remember taking a boat checks coming even as the businesses There were over 17,000 national over cars, over trucks, going right may have been underwater and even as guardsmen who answered the call from down the middle of Clay Road. the employees couldn’t come into work Texas and from all around the country. Today, our communities are coming because their homes and cars were The U.S. Coast Guard rescued 11,022 back stronger than ever. Our busi- flooded. people and 1,384 pets during the storm. nesses are once more a part of the Until recently, houses of worship had There were countless acts of heroism Texas booming economy. Our neighbor- been excluded from Federal disaster as- from folks next door, from church base- hoods ring with laughter, lawnmowers, sistance just for being faith based. ments offering shelter to neighbors, and barbecue grills. That policy was wrong. It was discrimi- people making human chains, plucking I am humbled and grateful to say natory. Many religious institutions one another out of the flood waters, that the amazing success of recovery were badly damaged or destroyed dur- and from our countrymen in the Cajun has been helped by the willingness of ing Hurricane Harvey. Navy, who boldly answered the call Congress to recognize the extraor- I remember visiting a synagogue in with memories of Katrina still fresh dinary crisis caused by Harvey and to Meyerland, a neighborhood of Houston, and vivid, to business owners like my step up in a bipartisan manner to ad- that had been flooded repeatedly and friend Mattress Mack, who threw open dress it. Since Harvey made landfall, badly. I went to work with my col- the doors to give entire communities Congress has appropriated over $140 bil- leagues, introducing legislation to fix shelter, warmth, and comfort. lion in emergency funding to respond this problem. A few months later, I have never been prouder to be a to the 2017 hurricane season and to the FEMA announced a critical reversal in Texan than I was in the days during California wildfires. Over three sepa- their policy so that houses of worship

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.015 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5804 CONGRESSIONAL RECORD — SENATE August 22, 2018 would no longer be discriminated soldiers who had been taken advantage We are making progress under Sen- against and would be eligible for the of by—not all businessmen, but, in ator NELSON’s MLA and under the lead- same relief funds as everybody else. fact, very few—unscrupulous operators ership of the Consumer Financial Pro- Then, in February, our legislation codi- who would prey on them, who would tection Bureau to protect servicemen fied FEMA’s decision into law, ensur- leave them in a financial condition and servicewomen. Why would we turn ing that religious institutions were not that ruined their careers and their our backs and retreat? Servicemembers discriminated against. We protected lives. Because of Senator NELSON’s ef- wouldn’t turn their backs and retreat. the First Amendment rights of our forts in passing the Military Lending Why is Director Mulvaney suggesting churches, our temples, and our syna- Act, we took some steps to protect we do that? gogues, which had suffered so greatly these young men and women who are Indeed, DOD has stated that losing a in Harvey and contributed so much to protecting us, and we owe the Senator servicemember due to personnel issues, the relief efforts. a great deal of regard and respect for such as financial instability, cost tax- That was one of the striking things— what he has done because he, too, has payers and DOD more than $58,000 for how many people who were helping recognized the demands of service to each separated servicemember. Again, themselves had been damaged. our Nation by men and women in uni- recalling my service, dealing with Just over a week ago, I visited form. young men—and at that time para- Ellington Base, meeting with the Coast For generations, Americans have set troopers were all males in the 82nd— Guardsmen, the swimmers and pilots aside partisanship and have made every dealing with these young men, their who had gone into harm’s way. For effort to provide servicemembers and whole lives were ruined. They were re- many of them, their own homes were their families with all the resources ported for being late for formations or underwater. I visited with one Coast and protections they deserve. Indeed, it missing formations because their car Guard pilot who had to walk through should not matter to servicemembers had been repossessed or they were so waist-high water to get to a parking whether the Commander in Chief is a overwhelmed by debt they didn’t real- lot where a helicopter could go and Democrat, Republican, or Independent, ize they were accumulating, they pick them up so they could fly and save and there should never be a question couldn’t function. They could lose others. whether an administration will make their security clearances because one That story, over and over, was the every effort to support men and women factor of maintaining a security clear- story of Harvey. in uniform. ance is having no credit problems. One year after Harvey’s devastation, Unfortunately, this administration is They could be dismissed at a cost to the work continues. The Texas gulf forcing servicemembers to question taxpayers of $58,000 per servicemember coast continues to recover, and it will whether the administration has their for each separation. take years for the rebuilding to be backs in light of recent reports that So in addition to saving the Depart- complete, but as the Lone Star State the Consumer Financial Protection Bu- ment of Defense and taxpayers money, rebuilds stronger than ever, we will reau, under OMB Director Mulvaney’s the CFPB’s Office of Servicemember keep moving forward. leadership, will no longer make every Affairs—again, on a bipartisan basis, May we never forget the tragic days effort to protect servicemembers and working with Senator Scott Brown of that Harvey hit our shores, but may we their families under the Military Lend- Massachusetts, I cosponsored legisla- always remember the heroes who tri- ing Act due to their claim of a pur- tion that created within the CFPB an umphed in the midst of the darkness, ported lack of authority. organization that is exclusively de- the brave men and women who were a Let me be clear. The CFPB has all voted to protecting servicemembers. light to their country. They are the the authority it needs, and it should The first Director was Holly Petraeus. best of America. They are the best of not be abandoning its duty to protect She did a superb job. She was suc- Texas. God bless them all, and may our servicemembers and their families ceeded by a career JAG officer, Colonel God continue to bless the great State and ensure that they continue to re- Kantwill, who also did a superb job. of Texas. ceive all their MLA protections. This organization, the CFPB, with I field the floor. We should not forget that the CFPB’s their Office of Servicemember Affairs, The PRESIDING OFFICER (Mrs. routine examination of at least one has all the authority it needs and an HYDE-SMITH). The Senator from Rhode payday lender already uncovered Mili- obligation to protect the men and Island. tary Lending Act violations, where a women in uniform who protect us. THE MILITARY LENDING ACT payday lender extended loans at rates Their website says it has ‘‘helped re- Mr. REED. Madam President, I rise higher than 36 percent to more than 300 turn hundreds of millions into the today to support the Senator from Active-Duty servicemembers or their pockets of servicemembers affected by Florida, my dear friend Senator BILL dependents. Let me also put this in harmful practices.’’ The CFPB, NELSON, and to thank him for his lead- perspective. The requirements of the through the Office of Servicemember ership in working on a bipartisan basis Military Lending Act set an interest Affairs, has returned hundreds of mil- to enact the Military Lending Act in ceiling of 36 percent. In this environ- lions of dollars to men and women in 2006, which caps the annual interest ment, 36 percent is more than an ade- uniform who were being victimized by rate for an extension of consumer cred- quate return, and the idea that unscrupulous operators, and we are it to a servicemember or his or her de- businesspeople would be trying to en- going to stop that? We are going to pendents at 36 percent. gage soldiers, sailors, marines, and air- walk away from success? As I said be- Because of his efforts, servicemem- men in lending arrangements that fore, are we going to turn our backs bers and their families have strong went beyond 36 percent is, on its face, and retreat on people who don’t turn consumer protections that defend them not only deplorable but flabbergasting. their backs and retreat on this Nation? against unscrupulous lenders who That is what CFPB was able to further That is why it is frustrating, and it is unpatriotically, in my view, prey upon prevent. Because of their supervisory inexplicable that the Trump adminis- these young men and women while activities, they were able to discover tration would tout its dedication to they are selflessly and valiantly serv- these violations, alert the appropriate servicemembers in one breath and roll ing this Nation. authorities, and stop these individuals back military consumer protections It has been my honor to work with from continuing to prey on service men with the next. To set the record the Senator from Florida in enacting, and women. straight, rolling back MLA protections protecting, and strengthening the Mili- In an April 2018 DOD letter I re- prioritizes the interests of predatory tary Lending Act since 2006. ceived, the Department of Defense stat- lenders over the interests of service- I must say that my experience is not ed: ‘‘initial indications are the new members and their families. If you just as a legislator. I had the privilege MLA rules . . . are having their in- can’t make a decent return with a of commanding a paratrooper company tended outcomes . . . the use of high- limit of 36 percent interest, you in the 82nd Airborne Division, and be- cost credit products and associated shouldn’t be in business—you shouldn’t fore that I was the executive officer. I readiness problems appear to be de- be a legitimate business. This is not spent many, many hours with young creasing.’’ what any administration, Republican

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.016 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5805 or Democratic, should do and certainly will show members of our military that The PRESIDING OFFICER. Without not what the CFPB should do. the law will protect them and will go objection, it is so ordered. As the ranking member of the Senate after these shady lenders. NOMINATION OF BRETT KAVANAUGH Armed Services Committee and also I urge all of our colleagues to support Mr. HEINRICH. Madam President, I having had the highest privilege of it. Obviously, this doesn’t have any- rise today to call on each of us to take serving this Nation in uniform, I stand thing to do with partisanship. This is seriously one of our most important with my fellow veterans, my col- supporting the troops. I urge our fellow duties as Senators—our constitutional leagues, and all Americans to call on Members of the Senate to work with duty to provide advice and consent on the administration to do the right Senator REED and me to get the CFPB Presidential appointments to the Su- thing, honor our Nation’s commitment leadership off the dime to protect our preme Court. to provide servicemembers and their bravest from financial scams. It is just As we all know, over the last 3 years, families with all the protections they mind-boggling that the Consumer Fi- the longstanding tradition of building have earned. nancial Protection Bureau that is set bipartisan consensus in the Senate Again, I thank the Senator from up for the purpose of protecting con- around nominees to our highest Court Florida for his efforts. Because without sumers would now turn a blind eye to was flown into the ash heap of history. his efforts, we would not have the Mili- protecting some of the most vulnerable The majority leader and Senate Repub- tary Lending Act. Service men and who almost everybody in America licans completely dismantled the rules women would be victimized even more would say we want to protect. That is that made advice and consent real in grievously. So to Mr. NELSON, I salute because there are the unscrupulous the Senate—all to steal a Supreme him and thank him and urge him to lenders. Court nominee from our last President. continue his valiant efforts. We saw a lot of this in the early By making nominations to the highest With that, I yield the floor. years of the wars of Afghanistan and Court—perhaps the most consequential The PRESIDING OFFICER. The Sen- Iraq. When a servicemember was over- votes we take as Senators—subject to ator from Florida. seas in Operation Enduring Freedom only a simple-majority vote, Repub- Mr. NELSON. Madam President, you and Operation Iraqi Freedom, they licans rigged the system to make it can’t say it any better than how the were being scammed by the payday, possible for the most extreme nomi- Senator from Rhode Island has said it. title loan, and other kinds of lenders, nees to make it all the way to the He is a West Point graduate, was a and they were being charged those ex- Bench. company commander, was the execu- orbitant rates. It is just morally Before they broke the rules, requir- tive officer of a brigade—he just told wrong. That is what brought the law in ing 60 votes ensured that both parties us, the 82nd Airborne. 2006, and now we need to update that would have a real seat at the table and He has seen what has happened to law. that mainstream nominees would be these young troops. They get their pay, Back in 2006, there was a Department nominated and confirmed with the ad- they go outside the gates, there are of Defense report that told the story of vice and consent of the Senate. Now we folks who want to give loans to them, one young servicemember who was have been told that we must accept the and then they run up rates as much as charged $100 to take out a $500 loan. resulting new normal of a politicalized 100 percent and 150 percent. That is Using the CFPB’s formula, that and completely partisan selection proc- why we passed the Military Lending equates to an annual percentage rate of ess to fill any new vacant seat on the Act back in 2006, to cap those rates at 520 percent. That servicemember was Court. 36 percent. That is high enough, but it forced to take out other loans. He had I, for one, refuse to legitimize this is a lot less than the 150-percent rates to do multiple rollovers to pay off the broken process. Under these broken given to these poor, unsuspecting initial $500. It snowballed into a cost of rules, the minority party—even in as troops who are being taken advantage $15,000 when it was all said and done. closely divided a Senate as we cur- of. The servicemember can’t pay that. So rently have today—has effectively zero As a former 82nd Airborne member, the law was passed in 2006, but now we ability to say: Wait. Hold up. There is the Senator from Rhode Island has just need to update it, and before we update something about this nominee that is shared his personal experience of what it in law, we need to get the Consumer too extreme or too disqualifying for a would happen. Troops would not show Financial Protection Bureau to act and lifetime appointment to the highest up for muster because suddenly their to protect the consumer. Court in the land. car had been repossessed or they had The law says creditors ‘‘may not im- That is not democratic. That is not people hounding them. What has hap- pose an interest rate higher than 36 what the Founders had in mind when pened over the years since 2006, when percent,’’ and it says that specifically they created the Senate as a delibera- we passed the bill, is, in fact, they on servicemembers. There is no ambi- tive body. This body was intended by found ways to get around it. Now com- guity there. So the CFPB ought to en- the Founders to be the methodical an- manders are receiving harassment force that law until we update it with swer to the fiery passions of the day, calls. They found a way to get around this new one. When you have to force a not an amplifier of them. the 36 percent. member of the military to have to be I fear that this broken system will What we want to do is lower it down concerned and harassed and taken create potentially disastrous con- to 24 percent. If someone cannot do away from his duties and to file a com- sequences for the health of our democ- well in business when getting a return plaint with the CFPB, it just ignores racy as a whole. It has already resulted of 24 percent on what they are loaning the law. What is there to protect the in a crisis of confidence where the pub- out, then they shouldn’t be in business, very people we want to protect? lic no longer views our Supreme Court and especially they shouldn’t be in Indeed, this is a matter of right and as independent. Frankly, the public is business to take advantage of our U.S. wrong. Indeed, this is a moral reason. correct—not just because of the prece- military troops. Let’s get the administration to enforce dent it set and hostility that it created That is why I have introduced the the existing law, and then let’s update but also because of the nominee before Military Lending Improvement Act of that existing law with even tighter re- us. 2018. That is why it goes into more spe- strictions on the lenders that are tak- Because President Trump knew going cifics. It not only lowers the interest ing advantage of the very people we in that he would not need a single rate but ensures that auto loans are want to honor and help, the people in Democratic vote, he went straight to a covered by the Military Lending Act. uniform who are protecting this coun- predetermined list of names given to Let’s remove any ambiguity there—to try. him by the Heritage Foundation and prohibit creditors from calling service- I yield the floor. the Federalist Society. That meant members’ commanding officers or im- The PRESIDING OFFICER. The Sen- that the President only considered properly threatening action under the ator from New Mexico. nominees who fulfilled all of the ultra- Uniform Code of Military Justice to Mr. HEINRICH. Madam President, I conservative special-interest litmus collect a debt from a U.S. military ask unanimous consent to speak as in tests. This ensures that each of the servicemember. It is commonsense. It morning business. judges he considered opposed women’s

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Yet Senate Re- only choose from this list of extreme himself in coordinating payoffs to publicans have scheduled confirmation conservatives for the Supreme Court. women who alleged affairs in an effort hearings and then a likely confirma- Without real advice and consent, there to influence the election. tion vote for Judge Kavanaugh to begin is no counterbalance and no real voice Look, combine all of President in early September. for Americans who don’t want to see Trump’s ongoing legal troubles with We should never proceed on a con- the country unrecognizably changed his unbalanced and impulsive style of firmation vote for a lifetime appoint- forever by his ultraconservative Court- governing, and there are many plau- ment to the Supreme Court until we packing. sible and even likely questions about have done our due diligence in review- We have been asked to go through the scope of the executive branch’s au- ing every relevant document on a the motions of a broken and partisan thority that could come before the Su- nominee’s record. We should not pro- confirmation process for a nominee preme Court. Especially after yester- ceed on Judge Kavanaugh’s nomination with a troubling and dangerous track day’s major developments, this is no until we have clear answers to highly record. If confirmed, a Justice Brett longer purely hypothetical. We don’t important questions about his actions Kavanaugh would be a deciding vote on know enough about how Judge in the Bush White House. Under a func- so many important issues that I have Kavanaugh might rule on these ques- tioning confirmation process, the need no doubt will come before the Supreme tions, but what we do know is deeply to review these records would not even Court. Would a confirmation process in concerning. be up for debate. It is just plain com- which both parties had a real seat at Judge Kavanaugh has questioned mon sense and part of our constitu- the table produce a nominee who be- whether Presidents should be forced to tional duty to carefully, to methodi- lieves that polluters should be able to answer to civil lawsuits, criminal in- cally review the qualifications of nomi- poison our air and water unchecked; a vestigations, or questions from a pros- nees as part of providing advice and nominee who does not believe women ecutor while they are in office. That, to consent. have the right to make decisions about me, is unbelievable. In another exam- Unfortunately, as is obvious to any- their own private healthcare needs; a ple before he became a judge, one watching this process unfold, the nominee who has ruled against well-es- Kavanaugh said that he thought the United States is no longer operating tablished rights of privacy? No. And Supreme Court had made an ‘‘erro- under rules that ensure a fair process. that is precisely the point. neous decision’’ when it unanimously Instead, Republicans are rushing to Judge Kavanaugh’s hyperpartisan ruled that President Nixon needed to push this nomination through at a opinions formed over a lifetime as a turn over White House tapes that ulti- Republican DC operative will influence breakneck pace so that they can con- mately proved the role that he played firm Judge Kavanaugh before this fall’s his decisions from the Bench. He is out in covering up the Watergate scandal. of touch with consensus views held by election regardless of legitimate ques- Kavanaugh has also stated that he op- the American people, and his extreme tions about his record, regardless of posed the post-Watergate special coun- views could drastically alter our daily the dangerous consequences of his ex- sel law and implied that nothing limits lives. treme views on so many issues. Judge Kavanaugh is exactly the type the President’s authority to terminate At a time when our democratic insti- of ideologue and politically motivated a special counsel with or without tutions themselves are under attack— nominee we can expect to see not just cause. from undermining the free press to It is easy to see how Judge for this seat but for all Supreme Court there being foreign influence in our Kavanaugh’s views on Executive power seats moving forward if we allow the elections—we should be very careful in are especially dangerous in the current Senate rules for providing advice and weighing who sits on this, the Nation’s times. This view of an executive branch consent to remain in tatters. But I highest Court. worry that by rushing this through on untethered from the checks and bal- Once again, I plead with my col- a completely party-line vote, we are ances that form the very norms of our leagues that we can do better than enabling an even greater threat to our political system should terrify Sen- this. We must restore advice and con- democratic institutions and to our Re- ators on both sides of the aisle who be- sent in the Senate before we confirm public itself, and that is because, from lieve that the separation of powers is a any nominee who will be tainted by what we do know about his judicial cornerstone of our American democ- this partisan, broken system. I call on record, work experience, and writings, racy. each of us to work together to create a On top of this, we need to know more Judge Kavanaugh believes in giving a better system and to restore a bipar- about Judge Kavanaugh’s actions when disturbing amount of deference to the tisan process on which we can build he was in the executive branch. As a executive branch and to the President consensus to see us through these po- high-ranking official in the George W. of the United States. litically turbulent times. Until we re- Judge Kavanaugh has written and de- Bush White House, Judge Kavanaugh store a fair confirmation process, I will livered very clear statements saying served on the legal team and as Staff fight alongside the American people, that he believes a sitting President Secretary to President Bush during who are demanding that we do our jobs should not have to face prosecution, controversial abuses of Executive that they elected us to do and with the criminal investigation, subpoenas, or power. Senate Republicans have so far seriousness required to get this right. civil litigation. To be clear, this judge obstructed requests to review all of the I suggest the absence of a quorum. believes the President is above the law. records that would show what role The PRESIDING OFFICER. The This is the United States of America. Kavanaugh played in determining the clerk will call the roll. No one—I repeat, no one—is above the legality of President Bush’s policies. The legislative clerk proceeded to law. What side did he take as the Bush ad- call the roll. It really makes you wonder why ministration’s CIA used illegal torture Mr. LEAHY. Madam President, I ask President Trump would pick him for a techniques, such as waterboarding? unanimous consent that the order for potentially deciding vote on the Su- Was he aware of the Bush administra- the quorum call be rescinded. preme Court, doesn’t it. Do I need to tion’s warrantless mass surveillance of The PRESIDING OFFICER. Without remind you that our President and Americans’ phone and internet objection, it is so ordered. members of his campaign team remain records? These are unanswered ques- MANAFORT AND COHEN TRIALS under Federal investigation for coordi- tions until we are able to review rel- Mr. LEAHY. Madam President, there nating with the Russian Government’s evant Presidential records—the same have been a number of headline-grab- interference in our election? types of reviews we have been able to bing days during the first 18 months of Just yesterday, the President’s long- do for past nominees when there was the Trump administration, and I think time attorney and his campaign chair- real advice and consent. yesterday is going to rank among the

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.024 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5807 most extraordinary. But for this Sen- Counsel has clearly not been paying at- try to influence the elections this year, ator from Vermont, it has been the tention. Think of all of the tweets he not only in our country but in other most troubling. sent as the Manafort trial was going countries. This is a major problem, and The President of the United States on. Do you think those weren’t seen di- it is being ignored. was effectively identified by his long- rectly or indirectly by those involved I think history is going to judge all time lawyer and confidant as an in the trial? We know that the judge of us in the U.S. Senate very harshly if unindicted co-conspirator in their ef- made clear his opposition to the pros- we collectively shrug our shoulders and forts to commit criminal campaign fi- ecution, and the jury also had to listen disregard our constitutional responsi- nance violations. If what they are say- to the President’s tweets. Just think of bility to oversee the Executive Branch ing is true, what his confidant is plead- what that does. in this moment. We represent a coequal ing guilty to is that then-Candidate It is equally critical that the Senate branch of government. It is time to act Trump arranged payments to two reassert its oversight responsibility like it. women he had affairs with, in violation over the Executive Branch—something Mr. President, I was going to suggest of Federal law, in order to keep those for which we have advocated. If these the absence of a quorum, but I see one affairs hidden from the American peo- were normal times, the Senate Judici- of my distinguished colleagues on the ple at a most critical time, days before ary Committee would immediately floor, so I will simply yield the floor. the election. pursue an investigation. The ACTING PRESIDENT pro tem- Further, last night, the lawyer for Indeed, the Judiciary Committee is pore. The Senator from Montana. Mr. Cohen claimed that his client also uniquely situated to investigate the al- Mr. DAINES. Mr. President, I rise in has information relevant to whether legation raised by Mr. Cohen. The Com- support of the Defense appropriations President Trump had advance knowl- mittee has jurisdiction over our crimi- bill being considered by the Senate. edge—and even supported—the hacking nal laws, including our campaign fi- With this important measure, we are of Democratic electronic files. We nance laws. Mr. Cohen’s lawyer has in- greatly enhancing our national defense know that he gave a speech at one dicated that he is willing to testify be- by providing the actual funds our point saying that if Russia is listening, fore Congress without being granted warfighters need to maintain a decisive they should hack. That crime, which immunity—pretty extraordinary. advantage over our adversaries. we know was committed at the direc- It is difficult to reconcile the Judici- As home to one-third of our strategic tion of Russian President Vladimir ary Committee’s inaction here with ground-based nuclear arsenal, Montana Putin, serves as a basis for Special one of the most critical constitutional plays a critical role in deterring ag- Counsel Robert Mueller’s investiga- crises we have seen—certainly since I gression, enabling diplomacy, and tion. have been in the Senate, and I have maintaining a posture of peace through Also yesterday, within minutes of been here for 44 years. strength. Mr. Cohen’s entering his guilty plea, a It is difficult to reconcile the Judici- While serving in the U.S. Senate, I jury found the President’s former cam- ary Committee’s inaction with its race have visited Malmstrom Air Force paign manager guilty of numerous tax to confirm President Trump’s nominee Base in Great Falls, MT, several times. and bank fraud charges. Paul Manafort to the Supreme Court. In fact, the I have toured the missile fields and the will now face a separate trial con- timeline the Republicans are pursuing silos. I have had the honor of sitting cerning his work for a Putin-connected to consider Judge Kavanaugh is so ag- down and speaking with the men and oligarch both in Ukraine and here at gressive that it will sideline the non- women who maintain this important home. In this second trial, scheduled to partisan review of the nominee’s record nuclear deterrent. Their hard work and begin next month, Mr. Manafort has performed by the National Archives. their professionalism are unmatched. been charged with conspiracy to de- That has occurred for every Supreme We owe it to them to support their fraud the United States, failing to reg- Court nominee since Watergate, wheth- work and give them the tools they need ister as a foreign agent, and money er Republican or Democratic. to be successful. laundering, among other charges. I mentioned earlier today that when It is so important that we advance The clouds of criminal conduct sur- I was chairman, Justice Kagan was up, the deployment and the development of rounding those close to the President and the Republicans asked for her the next ground-based strategic deter- are darkening. Directly or indirectly, records. We got 99 percent of them. I rent. This bill achieves that goal by re- his campaign manager, personal attor- went to the Archives. I joined with the placing Montana’s current Minuteman ney, and multiple aides have now been senior Republican, Jeff Sessions, on the Missile, as well as the UH–1N replace- swept up in the Special Counsel’s in- Committee to request them. We got 99 ment helicopter that services our mis- vestigation. This probe has resulted in percent of those records before the sile fields. It also recognizes the impor- numerous guilty pleas and 34 criminal hearing. We have 6 percent of Judge tant work Montana’s university re- indictments. And it is not complete. Kavanaugh’s records. And those were searchers and small businesses do in I have watched, both as a Senator handpicked by a lawyer whose clients support of our Nation’s military readi- and as a former prosecutor, and it is so include, among others, Stephen ness. troubling. I know one thing; it is cru- Bannon and other very partisan cli- Montanans are quite proud of the cial that the special counsel be per- ents. critical role our State plays in defend- mitted to complete his investigation The Russia investigation is the most ing this great Nation. This bill and to do so without the daily—often pressing national security investiga- strengthens and enhances that role. hourly—interference from the Presi- tion of our time. Here we have a power- As a member of the Defense Appro- dent. During my four decades in the ful country—Russia—that is working priations Subcommittee, I am pleased Senate, I have never before seen an in- against us. We know it. We can just to note that it makes substantial investigation led by career, apolitical pick up the paper. Without going to vestments in emerging technologies, law enforcement officials so personally any of the classified hearings that such as hypersonics, directed energy, and publicly maligned by a politician— most of us have been to, we can read artificial intelligence, and cyber secu- let alone by the President of the what is in the paper about the hacking rity. In particular, we are providing ad- United States. No one is above the law, Russia has done and the billions of dol- ditional funding for new cyber units and the President should stop acting as lars it has cost people and the hacking within the National Guard that will be though he is. that continues to this moment against available to the States under title 32 I would also urge the Majority Lead- the United States. This is the Russia authority. er to immediately bring the bipartisan that the President publicly called upon I worked with my colleagues here in legislation to protect the Special Coun- during a campaign rally to hack his op- the Senate to secure these additional sel to the Floor. We passed this legisla- ponent’s computers. We know from funds because I believe the National tion out of the Senate Judiciary Com- what we have seen and what our intel- Guard will play an increasingly impor- mittee with a bipartisan vote. Anyone ligence community has told us that tant role in defending our Nation who says that the President can be they did try to influence the last elec- against government-backed cyber at- trusted not to undermine the Special tion, and we do know they intend to tacks from nations like China, Russia,

VerDate Sep 11 2014 23:38 Aug 22, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.027 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5808 CONGRESSIONAL RECORD — SENATE August 22, 2018 North Korea, and Iran. These nations gerous practice in terms of what we just the 31 members of the Appropria- target critical civilian networks like can count on for our national security. tions Committee get to work on this; schools, hospitals, or private busi- I would like to pause for just a mo- all Members of the Senate get to have nesses, where the military’s authority ment and reflect on what the Appro- their say. is limited. Only the National Guard has priations Committee is doing, what the This week, we have already voted on the unique ability to provide assistance U.S. Senate is doing and doing prop- some amendments, and we may get to on request by a State’s Governor. erly—not because we deserve an award consider more. After we finish these These new units will fill a critical or a merit badge for doing our most two bills—as I said earlier, hopefully need and increase the effectiveness of basic responsibility but because it is tomorrow—the Senate will have passed our military’s existing cyber defense worth noting when we do it because it the annual appropriations bills that ac- forces. They will also bring in new skill hasn’t been done for so long. count for nearly 90 percent of the dis- sets and new perspectives from citizen The following are the seven appro- cretionary Federal Government spend- soldiers who work in cyber-related propriations bills that have already passed ing. fessions. the Senate. One is the Energy and Senator SHELBY, the chairman, and In closing, I wish to urge my col- Water Development legislation. I am the vice chairman, Senator LEAHY, as leagues to support the measure before chairman of that committee and of the well as the majority leader, Senator us today to empower our servicemen conference that is working on that. I MCCONNELL, and Senator SCHUMER, all and our servicewomen and ensure that am working with Chairman MIKE SIMP- deserve credit and our thanks for cre- our Nation’s military capabilities are SON in the House, Senator FEINSTEIN, ating the environment that makes this unmatched by our adversaries. and Representative KAPTUR. We are possible. I appreciate their commit- With that, I yield the floor. working together. We hope to have ment. I want to especially commend The ACTING PRESIDENT pro tem- that bill—which has already passed the Senator BLUNT, Senator MURRAY, Sen- pore. The Senator from Tennessee. Senate and has already passed the ator SHELBY, and Senator DURBIN for Mr. ALEXANDER. Mr. President, House—we hope to come together and their work on the bills that are before Boy Scouts shouldn’t get a merit badge have a conference immediately after us this week. for telling the truth, and U.S. Senators Labor Day so we can complete the bill shouldn’t get an award for passing ap- A few weeks ago, one of my friends in and send it to the President for his sig- Nashville, one of the major contribu- propriations bills. That is what we are nature. That is one of the appropria- expected to do. That is what we are tors to Vanderbilt University Medical tions bills. Others are Military Con- Center, came up to me. He said: It is a here for. That is our most basic respon- struction, Veterans Affairs, and Re- sibility. But I think it is worth notic- real shame that you guys in Congress lated Agencies—we passed that one; aren’t funding biomedical research. ing, especially since the distinguished the Legislative Branch—we passed that So I said to my friend: Well, let me vice chairman of the Appropriations one; and Agriculture, Rural Develop- tell you what has happened the last 3 Committee is still on the floor, that ment, Food and Drug Administration, or 4 years, and see if you still believe this is the largest number of appropria- and Related Agencies, and that passed. tions bills passed before August since In past years, Interior, Environment, that. The U.S. Senate is on track for the year 2000. We have already done and Related Agencies has been very dif- the fourth straight year to provide that with seven bills, and if we are suc- ficult to pass. There are some con- record funding for biomedical research cessful this week, as I expect we will troversial issues there, but Senator at the National Institutes of Health in a regular appropriations bill. be, in passing the third package of ap- SHELBY and Senator LEAHY have led us, This year’s bill includes $39.1 billion propriations bills, we will have passed along with Senator SCHUMER and Sen- for the National Institutes of Health— in the Senate annual appropriations ator MCCONNELL, to say: We are not bills that account for nearly 90 percent going to try to solve every controver- a $2 billion increase over last year. of the discretionary Federal Govern- sial issue that we can think of on the Over the last 3 years, Congress has ment spending. That is the part of the appropriations bills, because we have increased NIH funding by about $7 bil- government spending that is not auto- learned in the past that practice will lion. First, Congress increased Na- matic—we call that the mandatory sink them. So we have tabled a few tional Institutes of Health funding by spending. It is the part of the govern- bills—a few amendments that have $2 billion in 2015. Then, in 2016, we in- ment spending that is under control. come before us because they would creased it another $2 billion. Then, in For the last 10 years, this basically 30 have kept the appropriations bills from 2017, Congress increased funding at the percent of the Federal budget that we proceeding. We can deal with those NIH by $3 billion, including $500 mil- call discretionary spending that we ap- more controversial ideas and amend- lion to work on a non-addictive pain propriate every year—that has been ments at another time. killer, which, in my view, is the Holy going up at about the rate of inflation, Transportation, Housing and Urban Grail of the fight against the opioid and over the next 10 years, according Development, and Related Agencies crisis—finding some form of painkiller to the Congressional Budget Office, it has been passed. Financial Services and that is not addictive for the 100 million will go up at just a little more than the General Government has also been Americans who hurt and the 25 million rate of inflation. So this money we are passed. who have chronic pain. spending on behalf of our taxpayers, we So there are seven. That is the larg- This year’s increased funding for bio- are spending in a budgeted, responsible est number of appropriations bills the medical research will mean more med- way, and we are spending it on time— Senate has passed before August since ical miracles—new treatments and if we continue the progress we are the year 2000—18 years ago. This week, cures. The reason Congress has given making—which makes it easier for our we are debating the third package of this such a priority was very well de- military, our National Laboratories, appropriations bills, which includes scribed by Dr. Francis Collins, the head and our agencies to plan and spend Labor, Health and Human Services, of the National Institutes of Health. He money more wisely. Education, and Related Agencies and calls it the ‘‘National Institutes of Nothing is more wasteful—almost the Defense appropriations bill. That Hope.’’ nothing is more wasteful—than the means that if we are successful in com- When he testified before our Appro- failure of the U.S. Congress to appro- pleting our work this week on those priations Committee, he talked about priate or decide the amount of money two, we will have considered all nine of what we might expect to see during the that is to be spent every year before those appropriations bills under what next 10 years if we properly fund the the year begins. Too often over the last we call in the Senate the regular order. National Institutes of Health. Some of several years, it has been the middle of That means we have an opportunity to those predictions by Dr. Collins were the year before agency managers knew offer other amendments when they these: Being able to identify Alz- what they could spend that year, and come to the floor, we debate them, we heimer’s disease before symptoms ap- that is a wasteful practice. In a mili- vote on those amendments, we pass the pear; the possibility that we could retary sense, our leaders in the Depart- bills, and then we go to conference build a patient’s heart with the pa- ment of Defense tell us it is a dan- with the House. In other words, not tient’s own cells—in other words, put

VerDate Sep 11 2014 00:04 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.028 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5809 the transplant surgeons out of busi- last 10 years, China has increased its within the budget limits, all within our ness; the creation of a safe and effec- spending on basic science by a factor of priorities. That is what we need to do. tive artificial pancreas, making life four and may surpass the United States As I said when I started, Senators easier and healthier for the millions of in total spending on research and de- don’t deserve a merit badge for passing Americans with diabetes; development velopment this year, according to appropriations bills any more than Boy of new vaccines, Dr. Collins said, in- Norm Augustine, who, during the Scouts deserve a merit badge for tell- cluding for Zika, for HIV/AIDS, and a George W. Bush administration, ing the truth. That is what we are sup- universal flu vaccine; development of a chaired the bipartisan committee that posed to do. But when we do it and do new, non-addictive painkiller, which I wrote a report called ‘‘Rising Above it properly, as we are doing this year, mentioned; significant progress on the the Gathering Storm,’’ which made it deserves to be noticed. Precision Medicine Initiative, which recommendations to the Congress on I congratulate Senator DURBIN, Sen- President Obama championed, which how to retain America’s competitive ator LEAHY, Senator MCCONNELL, and aim to map the genomes of 1 million advantage. Senator SHELBY for their roles and volunteers so that we can better tailor Our country needs to continue to be their leadership in this. treatments to patients; and new treat- first in the world in basic research. The I thank the President. President has already signed into law I yield the floor. ment for cancer patients. Those are The ACTING PRESIDENT pro tem- two consecutive appropriations bills just some of the new treatments, cures, pore. The assistant Democratic leader. and miracles we might expect, Dr. Col- that provide record funding for science, AMENDMENT NO. 3787 lins said, in the next 10 years. technology, energy, and biomedical re- Mr. DURBIN. Mr. President, I thank This bill we are talking about also search, and the two appropriations my colleague from Tennessee for his provides $3.7 billion to help those on bills we are debating this week will kind words and thank him for his lead- the frontlines of the opioid crisis and provide even more funding for basic re- ership on so many issues. He is chair- help bring an end to opioid abuse. Sen- search. man of the health and education au- ator MURRAY and I, as well as about 60 I urge my colleagues to support these thorizing committee, and we also serve Members of this body, have put to- bills because passing these bills means together on Appropriations Committee. gether a comprehensive opioids author- more biomedical research at National It has been a real pleasure to work ization bill, which we hope to be able Institutes of Health for treatments and with him over the years on so many cures; more Federal help for States and to present to the full Senate at the end issues but particularly on the issue of communities struggling to combat the of next week, or shortly after Labor medical research. Day, that can be put together with the opioid crisis; the largest Department of It would surprise a lot of people— House to address this crisis. But this is Defense research budget in history; and maybe even disappoint them—to know the money for the opioids initiative; it pay raises for the men and women who how bipartisan we are when it comes to is in this bill: $1.5 billion for State serve in our military. this issue. I can say, on behalf of Sen- Let me say again what I said a little Opioid Response Grants, state grants ator MURRAY on our side of the aisle earlier. This funding that we are talk- originally authorized by the 21st Cen- and Senator BLUNT on the other side of tury Cures Act; $500 million to develop ing about—this record funding for the aisle, that he and I have created a non-addictive painkillers; funding for science, technology, basic research, little team, a little cabal, that watches more substance abuse and mental supercomputing in another bill, the the authorization and appropriations health treatment services at Commu- need for our national defense—all of bills. nity Health Centers. this is within the part of the Federal This will be the fourth consecutive The other funding bill included in budget that is under control. Over the year that we have had 5 percent real this minibus appropriations bill is the last 10 years, this discretionary part of growth at the National Institutes of Defense Appropriations bill. The Sen- the budget—roughly one-third or a lit- Health. As Dr. Collins—one of the great ator from Illinois is on the floor. He is tle less than one-third of the budget— living Americans—has told us, this is the ranking Democrat on that com- has grown at about the rate of infla- going to reap dividends, as the Senator mittee. He has also been one of the tion, and over the next 10 years, ac- described earlier in his speech, in foremost leaders of the effort to in- cording to the Congressional Budget terms of breakthroughs when it comes crease the biomedical research I just Office, it is expected to grow at just a to dealing with suffering and disease mentioned. little more than the rate of inflation. and early death that we can do some- Chairman SHELBY and Senator DUR- So this is not the Federal spending thing about in our lifetimes. BIN worked together to produce a bill that is causing the big Federal deficit. I don’t quarrel with the Senator’s that provides a total of $675 billion to This is spending for national defense, conclusion in his speech that we are make sure our troops have the re- national parks, the National Institutes talking about the direct appropriations sources they need to maintain our na- of Health, and national laboratories. bills here, the direct spending of the tional defense. The funding included in This is the core of what we need to do government, and we are keeping that this bill will provide the largest pay in- in the United States of America. at a slow rate of increase. crease since 2010 for the men and We need resolve and courage in a bi- On the mandatory side of the pro- women serving in the military, includ- partisan way, and the President needs grams where we see dramatic increase, ing those who serve at Fort Campbell to join us, in dealing with the part of part of it has to do with the cost of in Tennessee and Kentucky. the budget that is running up a big def- healthcare in America. That cost con- Also, $2.8 billion is provided for basic icit; that is, Medicare, Medicaid, Social tinues to go up. One of the drivers of research at the Department of Defense. Security, and other entitlements. No- the cost of healthcare, according to in- This is the largest Defense Department body wants to touch that. That is a surance companies and others, are the research and development budget in separate question. But it is important costs of prescription drugs. They are history. for people to know that there is no going up dramatically. It is hard to think of a major techno- need to beat your chest and pat your- We had a hearing yesterday, and a logical development since World War II self on the back when you cut funding young mother came to tell us the story in this country that wasn’t supported for the military, when you cut funding of losing her son who, I think, was in some way by federally sponsored re- for the National Institutes of Health, about 23 years of age. No, I know ex- search. Funding basic research at the when you make our national labora- actly; I remember now. He was 26 years Department of Defense will give the tories work less, or when the National of age. He no longer qualified to be on United States an advantage over our Parks can’t maintain themselves. the family health insurance. He was di- adversaries and allow us to maintain We go the opposite direction here: abetic, and he went to buy his insulin the strongest military in the world. record funding for national labora- at the drugstore and was told it would I have suggested to President Trump tories; we are considering more main- cost him $1,300. He wasn’t going to get that he make science and research a tenance for National Parks; record paid for 4 days, so he put it off. During part of his ‘‘America First’’ agenda. We funding for supercomputing; record that period of time, he died from com- need to do that. Since 2007, over the funding for biomedical research, all plications of diabetes.

VerDate Sep 11 2014 00:04 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.030 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5810 CONGRESSIONAL RECORD — SENATE August 22, 2018 The cost of insulin at $1,300 is incred- prices of these drugs on the ads. The Mr. ALEXANDER. Mr. President, if I ible to me. This is a drug that has been Trump administration supports it. How may, I thank the Senator for his re- available for decades, and that it would about that? Republican Senator GRASS- marks and his leadership on this go up in cost so dramatically that he LEY, Democratic Senator DURBIN, and amendment. I think it is important to would be unable to afford it and lose the Trump administration support it. be clear about this. Of course, the Sen- his life is scandalous in this country. It sounds like a pretty good deal, ator has a right to object to the I know the Senator senses this, as doesn’t it? It sounds like just the kind amendment, I suppose, but sooner or well, and believes, as I do, that we of thing that would pass in the ordi- later this amendment, or something want pharmaceutical companies to be nary course of business in the Senate. like it, is going to become law. I sup- profitable, we want them to do re- But, unfortunately, it ran into a prob- port the amendment. President Trump search, and we want them to invest in lem. The problem? Pharma. The phar- supports the amendment. new drugs. But we cannot step back maceutical companies don’t want to Senator DURBIN has worked with Re- and ignore when their pricing is out of tell us how much these drugs cost, so publicans and Democrats, over the last control, and in many instances that is they are trying to stop this amend- 3 or 4 weeks, to think of different ap- the case. ment. propriate ways to require television ad- I have said before on the floor—I They are trying to stop this amend- vertising to state what the price of a have asked the people who gathered ment. They have one Senator who has drug is. There would be different ways here to follow our speeches: How many created many obstacles for me to bring to do it. I asked him to take a few of you have never seen an ad on tele- this to the floor. We have had every- weeks to help us talk that out. He did vision for a drug? If you held up your body on Earth calling him, and we are that. I think he has come to a conclu- hand, I know one thing for sure: You not getting anywhere. It seems that sion that deserves support. I support don’t own a television because the av- pharma is not ready for putting the the bill. erage American sees nine drug ads a cost of the drug on their ad. I am chairman of the authorizing day—a day. It means that when it comes down to committee, the Health Committee, in Why do pharmaceutical companies it, not only will the American Medical the Senate. This is going to happen one buy nine drug ads a day for every Association, which supports our way or the other. I suggest we try to American to consume at $6 billion a amendment, the American Association find a way to go ahead and do it now year? So that, eventually, we will be- of Retired People, which supports our because if the President supports it and come so familiar with the names of amendment, and the 76 percent of you have bipartisan support in the their drugs that we will ask our doc- Americans—despite all of the support— Health Committee and bipartisan sup- tors to prescribe them, and doctors do we are going to have a tough time pass- port in the Labor and Health Appro- prescribe them when the patients ask. ing it. Pharma is hard to beat. Pharma priations Subcommittee, it is going to Sometimes the patient may not need is hard to beat. become law. It makes good sense. that drug. The patient may be able to When we talk about the increasing The cost of healthcare is a major deal with a generic drug that is much cost of Medicare and the cost of issue we need to address, and we can’t cheaper, but the pharmaceutical com- healthcare across America, Blue Cross do it all at once. Prescription drugs are panies want us to reach the point at Blue Shield tells me it is the driver of a part of it. Prescription drugs are 10 which we know these drugs by name the increase in healthcare costs, pre- percent of the cost of healthcare. They and ask for them, and the doctors prescription drugs. are 17 percent—we have had testimony scribe them. Blue Cross Blue Shield in Illinois told before our committee—if you include The most heavily prescribed drug in me they spend more money on pre- the drugs that are administered in hos- America today—here is a name you are scription drugs each year than they pitals. There are other factors as well. familiar with: HUMIRA. Of course, if spend on inpatient hospital care. Think Complexity is a big factor. Adminis- you turn on the television, you see about that—more money than inpa- trative burden is a big factor. Elec- HUMIRA, which was originally de- tient hospital care. tronic healthcare records and their in- signed to deal with rheumatoid arthri- If we are going to do something adequate operation and lack of inoper- tis and is now being advertised as a about it, we ought to do the basics. The ability are big factors. Overutilization cure for psoriasis. What they don’t tell basics would be disclosing to the Amer- is a big factor. you is the information we put at the ican people how much these drugs cost. Through the Chair, I wish to say to bottom of this display: HUMIRA costs You haven’t heard the last of it when it the Senator of Illinois, we have had ex- $5,500 a month. Did you know that? comes to this amendment. cellent witnesses through our com- You would never know it, listening to If Pharma is successful in stopping us mittee from the Institute of Medicine— their ads because they don’t disclose it. from offering this amendment, and some of the most distinguished wit- I have an amendment here that is bi- even getting a vote on it, I will be nesses we could have in the country— partisan, which Senator CHUCK GRASS- back. I am going to continue to return who tell us that as much as 30 percent LEY and I have offered, to say that on because I think it is important that to 50 percent of all that the United all the drug ads, they have to put the consumers across America get full dis- States spends on healthcare is unneces- price of the drug. It is pretty simple, closure of information on these drug sary, wasted. right? If you knew HUMIRA cost $5,500 ads. We spend 17 or 18 percent of our en- a month, you might not even consider Incidentally, you know how many tire gross domestic product on it for that little red patch of psoriasis countries in the world advertise drugs healthcare. We are the richest country on your elbow. If you knew that some like the United States? Only one other in the world. We produce about 24 per- of these drugs they are talking about, country, New Zealand. New Zealand cent of all money in the world, and we like XARELTO—it took about 10 times and the United States are the only two, spend 18 percent of that on healthcare, for me to figure out how to pronounce and pharma spends $6 billion a year. much more than similar countries do, it and spell it, but they keep coming at When it comes to dealing with in- and our own experts tell us much of it you. It is a blood thinner, and it costs creasing costs of Medicare, this is one is unnecessary. $500 or $600 a month. All of these dis- of the things we can do. We also want We can’t deal with it all at once, but closures made to consumers would give to say Medicare can bargain, just as one way to deal with it is competition them more information to make a deci- the Veterans’ Administration does, to and transparency and letting patients sion and perhaps think twice before get a good deal on drug pricing. Right know the cost of what they are buying, they ask for a very expensive prescrip- now, they can’t, but if they could bring whether it is doctors’ services or it is a tion drug. down the cost of drugs under Medicare, prescription drug. So I have this bipartisan amendment it would help us maintain the solvency I believe Senator DURBIN and Senator pending on this bill, which would say of that critically important lifesaving GRASSLEY are correct. The President to the Trump administration and the program. believes they are correct. The Sec- Department of Health and Human I see the Senator from Tennessee is retary of Health and Human Services Services: Develop the rules for putting on his feet. supports their bill, and we should pass

VerDate Sep 11 2014 00:04 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.031 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5811 it. Consumers should know, when they cell that was designed for 8 people but We said: Honor the requirements of see a television ad about a prescription had 21 people in it. I don’t believe any the extradition treaty, present credible drug, what the cost of that drug is. of the others even spoke English. He evidence that Gulen is guilty of having My hope for the Senator from Illinois was then transferred to another prison conspired, and then we will let our is that he is ultimately successful with where he was kept in a cell with one process take its course. his proposal, and if he is not, I hope he other person, given virtually no access Let me tell you what is interesting counts me as an ally in an effort to to the outside world. about making that offer in the context continue to see that it gets done. He has experienced medical chal- of the other elected officials, including Mr. DURBIN. Mr. President, let me lenges, as anyone would expect when Erdogan, saying: We have to let our thank my colleague from Tennessee. I you are in prison without charges, and legal process play out. value his friendship and professional we found out the charges were bogus. On the one hand, how can you say support on this idea. This is basic that That would weigh on you mentally. your hands are tied but on the other Americans know what the cost of the We started working to try to first let hand make a hostage swap request—or prescription drugs will be. Do you Pastor Brunson know we knew about what they would consider to be a hos- know when you discover it? When you him and that I, as a Senator from tage swap request. go to the cash register, that is when North Carolina, cared about him. I Maybe he just misspoke. Presidents you discover it. cared enough to go to Turkey to visit do that from time to time. Shouldn’t we know in advance? him in prison several months ago. I Let’s take a look at what we are Shouldn’t we know so that if Humira, told him I wanted to assure him face- dealing with now. A week ago, instead which is now at $5,500 per month, goes to-face that as long as he is in prison, of offering Pastor Brunson for Mr. up to $6,000—and I understand it just I will be working for his release. As a Gulen, now there is a new exchange on did—we are aware of that fact? If we matter of fact, we have more than 70 the table: If we drop a case against a Turkish bank, which has risen to our can’t use transparency in competition, Senators who have signed on to a letter level of jurisprudence, the allegations what are the alternatives—a govern- who share my concern that he is ille- against them are going to have to go ment mandate? There are alternatives gally in prison. through the legal process. Apparently, to that, which I think we have come up What have we done? We actually put their judicial system does allow you to with. a provision in the National Defense Au- say: Well, if you drop that case in the Let’s let the American consumer thorization Act that holds Turkey ac- gold standard for judicial systems— know what they are facing when it countable. They are a partner in devel- that is the U.S. judicial system—then, comes to these drugs, and let’s use this oping the Joint Strike Fighter. It is a we will release Pastor Brunson. Congress, as we are elected to use it, to capability I sincerely hope someday Clearly, Turkey has the authority to reflect the will of the people, who are Turkey may have. There is no way on release Pastor Brunson. Turkey has fed up with the spiraling cost of pre- Earth we should transfer that tech- the authority to release a NASA sci- scription drugs. nology to Turkey as long as they are entist who happened to be visiting his I thank the Senator from Tennessee illegally imprisoning Pastor Brunson family, who has been in prison for al- for joining me on the floor. and others whom I will talk about most 3 years now, and has a 7-year sen- I yield. shortly. tence or another 41⁄2 years ahead of I suggest the absence of a quorum. We did make some positive progress him. They had the authority to release The ACTING PRESIDENT pro tem- a few weeks ago. After he had been in him. The only thing he seems to be pore. The clerk will call the roll. prison for nearly 20 months, a little guilty of is having been in Turkey vis- The senior assistant legislative clerk over, he was released on house arrest. iting relatives when the coup attempt proceeded to call the roll. At least he is now in his apartment Mr. TILLIS. Mr. President, I ask occurred. near Izmir. He has an ankle bracelet on They have the authority to release a unanimous consent that the order for and is not allowed to go out of his DEA agent who they said was involved the quorum call be rescinded. house. in the coup attempt. They have the au- The ACTING PRESIDENT pro tem- He has had several hearings. I actu- thority to release a number of Turkish pore. Without objection, it is so or- ally attended one earlier in the spring. nationals who have worked with our dered. I was in that courtroom for almost 12 Embassy for years. All they were doing CALLING FOR THE RELEASE OF PASTOR ANDREW hours. I heard some of the most absurd was their job, and they were swept up, BRUNSON claims you could ever allege as a basis as thousands more have been. Mr. TILLIS. Mr. President, I have for keeping somebody in prison over- Thank you again for the opportunity come to the floor every week for the night, let alone 2 years in October. for me to come to the floor and make past several months to draw attention We are working with the administra- sure the American people understand to a matter that I think should be im- tion, and I want to give the President what is at stake. portant to anybody who travels over- a lot of credit for making this a pri- Turkey is a NATO ally. No NATO seas, anybody who does missionary ority. If you have read the newspapers ally in the history of the alliance has work, anybody who can go to a country recently, it would be hard for you not ever illegally detained a citizen from and potentially get detained for false to hear about the Presbyterian min- one of their partner countries, but that charges and imprisoned for nearly 2 ister, Pastor Brunson, and the dif- is exactly what has happened here years. I am talking about a Pres- ference of opinion between Turkey and since October of 2016. byterian minister from North Carolina the United States on what should be So I hope this is the last time I have who has been in Turkey for the better done. to come to this floor to talk about re- part of 20 years. He was a missionary When I talk to a lot of the Turkish leasing Pastor Brunson. I hope next that entire time. He created a church officials, they say you have to respect week I am coming to the floor thank- in Izmir and has lived there peacefully our justice system; this has to play ing the Turkish leadership for doing and lawfully for two decades. out, no matter how absurd the claims the right thing, thanking them for let- In October of 2016, after the coup at- may be. Those are my words, not ting Pastor Brunson and his wife tempt—an illegal coup attempt, and theirs. I wonder if they are sincere. Norine come back to the United States, the people responsible for it should ac- Here is why. Several months ago, and advocating for a great relationship tually have to answer to the Turkish President Erdogan, the President of with Turkey as a NATO partner, which justice system—they swept Pastor Turkey, made a public statement say- is very important. But none of that can Brunson and thousands of other people ing: How about this? We will give you happen as long as Pastor Brunson and into the Turkish justice system, and he your pastor if you give us our pastor? the others that I have mentioned are has been in prison since 2016. There is a person living in the United illegally in prison. He was in prison for nearly 19 months States named Gulen, who they believe I yield the floor. before he was ever charged with any- may have had something to do with the I suggest the absence of a quorum. thing. In fact, he lost 50 pounds over coup. We have an extradition treaty The ACTING PRESIDENT pro tem- the course of about a year. He was in a with Turkey. pore. The clerk will call the roll.

VerDate Sep 11 2014 00:04 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.032 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5812 CONGRESSIONAL RECORD — SENATE August 22, 2018 The senior assistant legislative clerk ‘‘Important: You must answer the senior citizens at home, the Gray Pan- proceeded to call the roll. questions below as they apply to You thers, it has been clear to me that as Mr. WYDEN. Mr. President, I ask and all other family members applying long as our country allowed discrimi- unanimous consent that the order for for coverage,’’ the question reads: nation against those with preexisting the quorum call be rescinded. ‘‘Within the past 5 years, have you or conditions, healthcare in America The ACTING PRESIDENT pro tem- any other person to be insured been would basically be for the healthy and pore. Without objection, it is so or- aware of, diagnosed, treated by a mem- the wealthy. If you are healthy, no dered. ber of the medical profession or taken sweat, no preexisting conditions, and if HEALTHCARE [medication] for: cancer or a tumor, you are wealthy, you have no real Mr. WYDEN. Mr. President, what the stroke, heart disorder, heart attack, problems because you can just write Trump administration is doing to sabo- coronary bypass or stent, peripheral out the checks to pay for your treat- tage healthcare in our country is a vascular disease, carotid artery dis- ment. But now we are talking about monumental scandal in slow motion. ease, Chronic Obstructive Pulmonary going back to those days—not the days What the President promised was bet- Disease or emphysema, kidney disorder when the Senator from Tennessee and I ter care for all Americans at lower or disease, neurological disorder, de- and other Democrats and Republicans cost. What he and his officials have de- generative disc disease or herniation/ got together and did something that livered is special deals for special in- bulge, rheumatoid arthritis, degenera- really was a monumental step forward, terests and rewards for rip-offs. tive joint disease of the knee or hip, di- protecting millions of people with pre- It is almost as if you took the clock abetes, Crohn’s disease or ulcerative existing conditions—now we are going above the Chamber and turned it back. colitis, bipolar disorder or schizo- backward. What Americans want—and I heard it phrenia, any eating disorder [or] alco- What are those Americans going to at townhall meetings last weekend at hol abuse or chemical dependency, or hear in their time of need when their home in Oregon—is to move forward on does anyone listed on the application cancer comes back or when they face healthcare. They want, for example, to currently weigh over 250 pounds another bout of medical illness? What have strong measures, not empty rhet- (women) or over 300 pounds (men)?’’ they are going to hear, with policies oric, to hold down the cost of their Another question on the same appli- like the one I just read from, is the medicines—lifting the restrictions so cation asks, ‘‘Have you or any other fraudsters who conned them into buy- that Medicare can bargain and hold person to be insured been hospitalized ing the junk insurance basically say- down the cost of medicine and use the for a mental health condition in the ing: You are on your own. And those smart principles of negotiating power past 5 years or been treated by a mem- Americans are going to be buried under that the private sector uses all the ber of the medical profession for a mountains of medical debt. time. They want to move forward on mental health condition in the past 12 By the way, we are talking about healthcare, not backward. months?’’ medical debt. I think my friend from There is no clearer example of the ad- Finally, another question asks, Tennessee and I have talked about this ministration’s trying to take the coun- ‘‘Have you or any other person to be in- over the years. Healthcare is the great try back on healthcare than its efforts sured ever been diagnosed or treated equalizer. For example, in a discussion to give a green light to junk health infor Acquired Immune Deficiency Syn- Democrats ran yesterday on surance. Junk health insurance rep- drome (AIDS), AIDS-related complex, healthcare, we had a gentleman who resents all of the unsavory insurance or any other immune system disorder did everything right. He worked hard. industry tricks and abuses that the Af- such as HIV?’’ He was a professional. He was con- fordable Care Act sought to eliminate. I would also note that this part of the stantly trying to better himself and Junk plans exist, literally and figu- application contained a number of contribute—not just supporting his ratively, so that companies can prey on typos, a mislabeled number, and a mis- family but the community. He got Par- the vulnerable and the people with pre- labeled word. Apparently, the scam kinson’s. All of a sudden, he wasn’t existing conditions, such as if you have artists are as bad at editing their docu- able to pay his bills. So healthcare is asthma or diabetes, or prey on women, ments as they are at covering the the great equalizer in America. prey on older people, or prey on the healthcare people actually need. But When I read about the junk plans, I less fortunate. They certainly don’t setting aside the bad grammar, the have to tell you, it takes me back to exist to cover the healthcare that questions collectively tick through the old days when these scam artists Americans actually need because that dozens of health categories that in- preyed on the seniors who needed in- is where they always fall short. clude hundreds of various conditions surance coverage above and beyond The centerpiece of the Affordable and illnesses, so we are talking about what they got from traditional Medi- Care Act was an ironclad, loophole-free well more than 100 million Americans care. guarantee that no American would who would answer yes to at least one of Mr. President and colleagues, this is ever face discrimination over a pre- them. something that is very personal to me. existing condition. Americans need to know and they When I was a young man, I was co- I note that my friend, the President ought to know that the only reason director of the Oregon Gray Panthers. I of the Senate, has joined the Chamber. junk insurance companies ask these would go and visit seniors in their He knows this pretty well because he probing questions about your health homes—very often they would have a worked with me on our bipartisan ef- background is to use the information small apartment or something—and fort to ensure that there would be loop- against you and keep you from getting they would go in the back, and they hole-free, airtight protection for Amer- meaningful coverage. That forms the would pull out a shoebox full of icans from discrimination against basis of the Trump-era discrimination Medigap policies. These were policies those with a preexisting conditions. against those with a preexisting condi- that insurance salesmen sold them For all practical purposes, we got what tion. that the salesmen said would fill in the we worked on in a bipartisan way, A lot of people have preexisting con- gaps in Medicare. Frequently, a senior when we had eight Democrats and ditions. What is that? Everybody would spend thousands of dollars—this eight Republicans. We got that into the knows folks in Tennessee or in Oregon was a number of years ago—on these Affordable Care Act. Essentially, now who have asthma or diabetes. We are policies that were worth little more what the Trump administration seeks talking about millions of Americans. than the paper they were written on. to do is to undo that guarantee of air- When my colleague from Tennessee They often contained—we saw this at tight, loophole-free protection for peo- and I were working together—eight our legal aid program for seniors—what ple who have these preexisting condi- Democrats, eight Republicans—I said: were called subrogation clauses, which tions. You know, it is really going to be mon- essentially meant that if you had an- I am going to read a question that umental if we get airtight, loophole- other policy that covered it, the first appears on an application for one of free protection for those with pre-exist- one didn’t have to cover it. The two of these plans that are being marketed ing conditions. The reason I said that them canceled each other out. So vul- now. Under a bold headline that says is that ever since I was director of the nerable seniors with serious medical

VerDate Sep 11 2014 00:04 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.034 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5813 conditions would get conned into buy- I said a few minutes ago, it is a monu- cause I feel so strongly and I want to ing these plans that were essentially mental scandal in slow motion. be sure that he gets a fair shake. I worthless. On behalf of those Americans who are think that as the American people get After years of effort—we began in Or- hurting, who are not being taken care to know him better, he will see a lot of egon in the State insurance commis- of, many of us are going to do every- support around the country for his con- sion office. I had the honor of getting thing we can to make sure—for those firmation because people will see that elected to represent Oregon in the U.S. who are getting hurt, who can’t afford he is the kind of person they would House of Representatives. We began these kinds of practices, we are going want to have representing them, their there and continued it in the Senate. to keep this front and center of the family, and their children on the Su- We acted in a bipartisan fashion to American people until we end this con- preme Court. eliminate the junk plans. We did that sumer scourge. I worked with him in the George W. literally decades ago. We drained the I yield the floor. Bush White House. He had a job there, swamp, to use the lingo of today. We The PRESIDING OFFICER (Mr. which we will talk about in a second, really drained the swamp as it related CORKER). The Senator from Ohio. called Staff Secretary, which is a job to these rip-off Medigap policies. We NOMINATION OF BRETT KAVANAUGH where you are responsible for being the got it down to a handful. Mr. PORTMAN. Mr. President, today traffic cop, basically, for the Oval Of- I would be willing to bet that the I want to talk about a huge responsi- fice. The documents that go into the Senator from Tennessee, the Senator bility we have here in the Senate and a Oval Office and go out of the Oval Of- from Ohio, and my other colleagues on great opportunity that lies before us. fice go through that office. It is not a the floor don’t have folks at home com- The Senate is asked to confirm nomi- substantive job in that sense, but it is ing up to them any longer and telling nees both for executive branch appoint- an important job to the President to them that they have rip-off Medigap ments and for judicial branch appoint- have somebody he trusts to decide insurance. I haven’t had a complaint ments. We have heard a lot of great de- what he looks at, what he doesn’t look bate here on the Senate floor over the about that for years and years. Now at, and how this material is then dis- past 11⁄2 years on some of these nomi- the Trump administration is trying to tributed out. bring back junk insurance for an even nees. We were able to confirm Justice He is someone who became close to larger portion of the American people— Neil Gorsuch to the Supreme Court, President George W. Bush. President more people than just the seniors. who I believe is doing a superb job. George W. Bush, as he has said many The bad news with these junk poli- That was quite a debate here. In the times publicly and to me and others cies doesn’t begin and end with dis- meantime, we have been able to con- privately, thinks the world of him. He firm a number of circuit court judges, crimination and debt. The Trump ad- got to know him very well. ministration is letting the junk insur- some district court judges, and execu- So I know Brett Kavanaugh more as ance companies steal the money Amer- tive branch appointments. a person, as a friend, as a father, and as That is all important, but once icans pay in premiums and other ex- a husband, but his legal background is again, we are asked to do something penses. incredibly impressive. I don’t think that is perhaps our most important According to one recent study, half anybody is better qualified to serve on task, and that is to fill yet another of each premium dollar and sometimes the Supreme Court based on his legal opening on the U.S. Supreme Court. as much as two-thirds gets wasted on background and his judicial philos- There are only nine of these Justices, overhead, administrative costs, and ophy. I know some of my colleagues and this is a lifetime appointment. profits. The Affordable Care Act had a What the district court and circuit have now met with him, as well. rule that banned that kind of waste. I am told that as of yesterday, 49 of court do—it all comes up to this one The Trump administration threw it out the 51 Republicans who are here in the Court. Our Founders created this Court Senate have now met with Judge so that the rip-off artists can once in order to have a place where people Kavanaugh. I am glad to hear that. By again pocket unsuspecting Americans’ could get a fair hearing and where we the way, the reactions have been very premium dollars. could have a dispassionate look at What the Trump administration is positive. I talked to most of my col- whether what we pass here fits within doing to undermine healthcare is not the Constitution and whether laws are leagues about their meetings with him, only playing out in what is called the being properly interpreted. These are and a number of them have gone out of individual insurance market; the hard and tough issues, and we want the their way to speak publicly about how harmful threat is a threat to the 167 right people there to do it. Once again, impressed they were with him, his de- million Americans who get their insur- because of an opening that has oc- meanor, his background, and his char- ance through their jobs as well. curred on the Supreme Court, we have acter. Worse healthcare at a higher cost—a the opportunity and responsibility to I am also pleased to hear that several far cry from what people were promised step up as a body and do that. of my colleagues on the other side of a few years ago—is clearly a growing In this case, we are asked to fill the the aisle have now met with Judge problem. Worse healthcare. Higher seat of Justice Kennedy, who is viewed Kavanaugh, as well. I think that is costs. A forced march back to the days by many as being an important player really important. I know that this is a when healthcare in America, as I have in the Court because he was often the partisan town these days, and it is said—and it has really been my ref- swing vote. He is a thoughtful guy. I tough to get things done, but in this erence point as much as anything—I think we are very fortunate in that one case, I would hope that more of my col- said: Let’s not turn back the clock to of Justice Kennedy’s law clerks has leagues on the other side of the aisle the days when healthcare was for the been nominated by the President and agree to sit down with him and talk to healthy and wealthy. This junk insur- has agreed to step forward for this con- him. I think he needs to have the abil- ance is unquestionably the kickoff of firmation process to be an Associate ity to talk one-on-one to some people this administration’s formal effort to Justice on the Supreme Court and to who perhaps don’t know him well, do just that. fill that ninth spot. My hope is that based on some of the comments I have There was an effort in the Affordable this can be done in a way where we seen about him. I think he could put Care Act to build a functional market have honest and spirited but fact-driv- some of their concerns to rest. that didn’t trample all over typical en debate on the floor of the Senate. For some, that may not be possible. Americans and their families. The I have to tell you that I am probably They may have philosophical dif- President and his allies in Congress a little biased in this case because I ferences with his approach to the law. have done everything they can—start- know this nominee personally. I think I get that, but I hope they will take the ing with an Executive order on day a lot of him, not just as a judge, where opportunity to sit down with him and one—to empower the scam artists and he has an amazing record on the second talk to him. The Supreme Court is powerful companies to have the ability highest court in the land, but also as a going to be faced with a lot of tough to make healthcare worse and rip off person. issues, and this needs to be a serious our people. That has been the story This is the third time I have come to consideration. I am pleased that we are from day one of this administration. As the Senate floor to talk about him be- taking it seriously.

VerDate Sep 11 2014 00:04 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.035 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5814 CONGRESSIONAL RECORD — SENATE August 22, 2018 Some have said that this is going too What is really relevant to me is what So, as his confirmation process con- fast. I will tell you that the amount of he has done as a judge. He has spent 12 tinues, I hope my colleagues and the time between when he was nominated years on the DC Circuit Court, which is American people will get to know the and when his hearing will be—which is viewed by most as being the second Brett Kavanaugh that I know. I hope scheduled now for the week of Sep- highest court in the land. He has a lot he is soon able to continue his lifetime tember 4—is more time than elapsed of documents that are related to that. of distinguished service as a member of during the previous few Supreme Court He has authored more than 300 pub- the highest Court in the land. I am nominations—Justice Kagan, Justice lished opinions. Clearly, these opinions proud to strongly support his nomina- Sotomayor, and Neil Gorsuch, about are relevant. By the way, more than a tion for this important position. whom I talked a minute ago. There has dozen of his opinions on the Circuit I yield back my time. been adequate time here relative to Court have been endorsed by the Su- The PRESIDING OFFICER. The Sen- other confirmations. preme Court, which is an unusually ator from Vermont. Second, some of my colleagues on the high number and a testament to his Mr. LEAHY. Mr. President, when other side of the aisle are saying they outstanding judicial record. Justice Kagan was up for nomination, I want more documents to review his In addition to the more than 10,000 was chairman of the Senate Judiciary nomination. I would just make this pages of published opinions he au- Committee. I, along with then Ranking point: More documents have been pro- thored or joined, out of the 430,000 Member Jeff Sessions, sent a letter duced with regard to Judge Kavanaugh pages of documents I mentioned, the saying that we needed all of her White than any other Supreme Court nomina- Judiciary Committee tells me they House records. We received 99 percent tion in history. That is what I am told have released more than 176,000 pages of those records. by the Judiciary Committee. Some of appropriate documents from Judge Now for Judge Kavanaugh’s nomina- Democrats have suggested they need to Kavanaugh’s time in the executive tion we are told, after being carefully review the literally millions of docu- branch. So there are plenty of docu- selected, that we can only have 3 per- ments that passed through his office ments to look at. I encourage my col- cent of his records. It is an interesting and passed through his desk when he leagues to do so. standard. Republicans want all of it held the job we talked about earlier as As I said earlier, based on the tradi- when there is a Democratic President, Staff Secretary for President George tions that we have here and on the for a woman who was nominated by a W. Bush. amount of time spent between nomina- Democrat. Now, when the Republicans Again, this is a job that is sort of tion and confirmation and based on the nominate this man, they say: We will like the traffic cop. It is not to be sub- number of documents that have been selectively give you 3 percent. It is an stantively giving the President the produced, I think it has been an appro- documents from an agency, depart- interesting double standard. It makes priate and transparent process. I am me wonder what there is to hide in ment, or other White House policy of- glad Chairman GRASSLEY has made it fice, but rather to provide the docu- there. Why not take the time to see it so. all? ments to the President in a timely way My hope is that from his time on the to be sure the President is seeing the If I am going to vote on a lifetime ap- bench and his time in the executive pointment—I voted for a lot of Repub- right documents and to be sure there is branch, both of these documents will lican nominees for the Supreme Court coordination. It is the flow of the docu- be reviewed—the appropriate ones. and other courts—I want to see the ments. Brett Kavanaugh is very well re- So I think seeing all those documents spected as a judge. He is the thought whole record. I don’t want, a month are not relevant, frankly, to the con- leader among his peers. I am sure you after I voted, more to come out in the firmation process because they don’t have heard a lot about that. There record and to think: Whoops, who knew relate to him. What they do relate to, have been op-eds written about him about that? We had this happen with obviously, are a lot of things that have from Democrats and Republicans alike one judge already after they were con- to do with President George W. Bush, saying: I know the guy. I clerked with firmed to a lifetime appointment. The which I am sure were very personal the guy. I worked with the guy. I was final records came out, and we found documents where the President would one of his students. He is smart. He is out what they did with issues of tor- write in the margin and so on. That thoughtful. ture and other things. It was bad. would be interesting for people to look He has said very clearly that he will AMENDMENT NO. 3993 TO AMENDMENT NO. 3699 at. People could probably write a book be guided by the Constitution and the Mr. President, I have an amendment about those things. That is not the pur- rule of law. He understands that the at the desk, and I ask unanimous con- pose here. And that is why I think it is proper role of the Court is not to legis- sent that it be reported by number. a fishing expedition to say: Let’s see late from the bench. He has respect for The PRESIDING OFFICER. Without millions of documents that passed precedent. He actually wrote the book, objection, it is so ordered. through this guy’s desk, particularly in meaning he is one of the coeditors of The clerk will report the amendment. the context of a confirmation where this book looking at legal precedent The legislative clerk read as follows: more documents are being provided and what they call stare decisis. He is The Senator from Vermont [Mr. LEAHY] than any previous confirmation. someone who is very much in the main- proposes an amendment numbered 3993 to I was told by the Judiciary Com- stream of legal thought and very well amendment No. 3699. mittee this morning that 430,000 pages regarded. In lieu of the matter proposed to be in- of documents are being produced. I His former colleagues, his current serted, insert the following: ‘‘$8,503,001.’’ don’t know how many of my colleagues colleagues, his former students, and The amendment is as follows: are going to read through 430,000 pages legal experts on both sides of the aisle In lieu of the matter proposed to be in- of documents, but they are free to do have come out to say this about him. I serted, insert the following: so. By the way, this compares to 170,000 think he has exactly the right quali- ‘‘$8,503,001’’ pages of documents that were produced fications, extensive experience, and a MANAFORT AND COHEN TRIALS with regard to former Solicitor General judicial philosophy that most Ameri- Mr. LEAHY. Mr. President, earlier I Elena Kagan’s confirmation. Think cans agree with and would want in a talked about what has happened on the about that: 430,000 versus 170,000. judge. Manafort and Cohen matters yester- Elena Kagan also served as a senior Again, as important as that is to me, day. I understand the great amount of aide in the White House. She worked he is also a good person. He is compas- consternation there is at the other end for President Clinton. She had a senior sionate. He is humble. He is someone of Pennsylvania Avenue. Having been a position there—a substantive position, who has a big heart. Maybe, most im- prosecutor, I can understand why there actually—in domestic policy. She also, portantly, he has the humility to be is consternation. of course, was the Solicitor General of able to listen, to hear people out. As I I note for my colleagues that we the United States—yet 430,000 versus said earlier, there is no more impor- passed in the Senate Judiciary Com- 170,000. I just hope people keep that in tant a quality in a Supreme Court Jus- mittee a bipartisan bill—Republican mind when they hear about the docu- tice given the incredibly important and Democrats voted for the bill—to ments. issues they have before them. protect the special prosecutor. There

VerDate Sep 11 2014 00:44 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.037 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5815 are those of us who are old enough to our Nation’s First Amendment rights curity, and the individual members of remember when Richard Nixon fired just so they can do their jobs. As these the community who volunteered tire- the special prosecutor in the Watergate community papers show us, nothing lessly to find Mollie. matter and the great constitutional could be further from the truth. That Americans watched the news every problems that followed. It was some- is why I want to highlight yet another night, all of us, holding out hope that thing the country suffered over for story by an Ohio paper, informing the Mollie would soon be found and re- years, and we want to make sure we public, that has been reported by a turned to her family. I extend my sin- don’t have another firing like we did in journalist who serves her community. cerest condolences and sympathies to the Watergate matter. So we wrote CityBeat Cincinnati describes itself Rob Tibbetts, Mollie’s father, and this bill. Again, Republicans and as having been ‘‘a voice in Greater Cin- Laura Calderwood, Mollie’s mother. Democrats voted for it. It could be cinnati for nearly a quarter of a cen- They spent the last month and a half brought up anytime by the leadership, tury now, publishing a print edition searching the State for their missing if they wished. I am hoping that it will weekly, and producing regular content daughter. Rob and Laura traveled be brought up. I am hoping we can throughout the week online to try to across the State, raised awareness on bring it to the floor and we can have a help keep you informed of what is hap- TV, and handed out buttons, T-shirts, vote. I know we had a good debate— pening in your city.’’ and missing person fliers at the Iowa again, Republicans and Democrats—in A great example of that content was State Fair. Both Rob and Laura showed the Judiciary Committee, and I would in a story last week that was reported remarkable bravery in the face of trag- like to see it voted on. by Maija Zummo on the Black Family edy. I notice we are at the hour of 3:30, Reunion that took place in Cincinnati Know that our thoughts and prayers and I know the Presiding Officer has a and its celebrating its 30th year. The are with you and your family during ruling to make, so I will withhold. event was founded in 1989 by the iconic this difficult time. For those of us in Washington, we f Dr. Dorothy Height, who served as President of the National Council of ought to try to learn something from RECESS Negro Women for more than 50 years. Mollie’s character and the example she The PRESIDING OFFICER. Under As Ms. Zummo reported, the festival set. As Mollie’s boyfriend Dalton Jack the previous order, the Senate stands brings together community groups, said, ‘‘She’s not just a missing person in recess until 4:30 p.m. performers, and small businesses to flyer.’’ Mollie was an avid reader who Thereupon, the Senate, at 3:30 p.m., ‘‘celebrate the values and strengths of enjoyed the choir, theater, and writing. recessed until 4:33 p.m. and reassem- the black family.’’ Ms. Zummo’s re- Mollie loved her friends and had a bled when called to order by the Pre- porting informed Cincinnati readers natural ability working with children. siding Officer (Mr. GARDNER). about the events they could attend Her friends say she had a gift for mak- that weekend, including a parade, fes- ing everyone feel like the most impor- f tival, church service, and other com- tant person in the room. There is no DEPARTMENT OF DEFENSE AP- munity activities. doubt her nurturing character and her PROPRIATIONS ACT, 2019—Contin- That kind of reporting is what jour- ability to be everyone’s counselor—as a ued nalists do every day, every week, every friend put it—led her to the University The PRESIDING OFFICER. The Sen- month across Ohio and around the of Iowa to study psychology. While ator from Ohio. country. They serve their readers, there, Mollie spent her summers taking their viewers, and their communities. classes and working at a day camp HONORING JOURNALISTS They deserve our respect. They don’t with the Grinnell Regional Medical Mr. BROWN. Mr. President, the work deserve a President who calls report- Center, where she mentored children. that reporters do as members of a free ers, journalists, and all kinds of people It is no surprise that when Mollie went and independent press is vital to our in this business the enemies of the peo- missing, over 200 people showed up for country and to our communities. ple. Again, reporters serve their view- a vigil in her honor. It is why, last week, in an unprece- ers, their readers, and their commu- While we mourn the loss of Mollie dented action, nearly 300 newspapers nities. They serve all of us. They de- Tibbetts, it is the duty of this Senator all over the country—a dozen or so in serve our respect. and every other Senator to act to pre- my State—came together to stand up I suggest the absence of a quorum. vent further tragedies such as this one for the free press and defend the First The PRESIDING OFFICER. The from devastating a family and an en- Amendment. There were 300 news- clerk will call the roll. tire community. papers that wrote editorials—all inde- The senior assistant legislative clerk We now know that Mollie was mur- pendently written, of course, with all proceeded to call the roll. dered by a 24-year-old, undocumented different takes on this—to advocate for Mr. GRASSLEY. Mr. President, I ask immigrant who has been in the United a free press and to defend the First unanimous consent that the order for States illegally for 4 to 7 years. That is Amendment. the quorum call be rescinded. right. For 4 to 7 years, this man was The Chagrin Valley Times, which is The PRESIDING OFFICER. Without here undetected and unaccounted for. not far from where I live in Northeast objection, it is so ordered. This raises questions about his immi- Ohio, wrote: REMEMBERING MOLLIE TIBBETTS gration, employment, and criminal his- We are indeed your lens into your commu- Mr. GRASSLEY. Mr. President, I tory, and we must receive answers. nity. We are not your enemy. come to the floor to speak about a re- So, today, I sent a letter to the De- Clearly, this was a takeoff on the cent tragedy that has deeply impacted partment of Homeland Security seek- President’s comments that the media my home State of Iowa and I think all ing any immigration history on this are the enemies of the people. of the country because cable television man and a briefing to better under- The Athens NEWS, from Southeast is well aware of this. stand how he was able to get to and Ohio, wrote: ‘‘Good reporting often suc- Yesterday, authorities announced stay in Iowa. This isn’t too different ceeds in righting wrongs and making they found the remains of a 24-year-old from what I have done in many cases things better for people.’’ University of Iowa sophomore, Mollie with some undocumented person, par- The Akron Beacon Journal, one of Tibbets, of Brooklyn, IA. After search- ticularly those who had been deported the great newspapers in this State, ing tirelessly for months, State and and returned, asking for answers when wrote: local law enforcements announced the there was a tragedy such as what hap- Power . . . belongs to the people. The press unthinkable, Mollie was murdered in pened to Mollie. I think of recent cases, thus received extraordinary protection be- cold blood. maybe within the last 2 years, of mur- cause of its capacity to inform readers and I would like to commend the efforts ders in Northern Virginia and in Mary- check the powerful. of all who were involved in searching land. The Tibbetts family, the people It is shameful that journalists have for this remarkable young woman, in- of Iowa as well, and I hope all of the to defend their First Amendment cluding the Iowa Division of Criminal American public feel they deserve an- rights, our First Amendment rights, Investigation, the FBI, Homeland Se- swers.

VerDate Sep 11 2014 00:04 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.039 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5816 CONGRESSIONAL RECORD — SENATE August 22, 2018 Based on the information I do have, Drug Enforcement Administration, I end thinking about Mollie’s death, it seems this murder was preventable. FBI, and hundreds of Federal prosecu- but you can continue to think about Stricter border security measures, in- tors. Sarah Root, Kate Steinle, and others. cluding increased personnel, enhanced In 2017, ICE identified or rescued 904 We haven’t responded to it very well. technology, and modernized infrastruc- sexually exploited children and 518 vic- We can and we must do better. ture could have prevented this man tims of human trafficking. ICE seized NOMINATION OF BRETT KAVANAUGH from crossing the border—in other more than 980,000 pounds of narcotics Mr. President, if I may, I want to words, secure the border. just last year, including 2,370 pounds of continue to speak but on another sub- Stronger interior enforcement and fentanyl and almost 7,000 pounds of ject. addressing weaknesses in E-Verify heroin. Over the past day, several of my col- could have prevented this individual To my colleagues who have spoken leagues issued statements calling for from working and would have allowed strongly about combating the moral Judge Kavanaugh’s confirmation hear- immigration enforcement authority to stain of human trafficking or about ing to be delayed. A lot of these col- initiate removal proceedings years ago. ending the opioid epidemic gripping leagues have written me very personal Earlier this week, President Trump our country, I ask: How is ICE any- letters calling for Judge Kavanaugh’s invited officers and agents of Customs thing but an indispensable partner in hearing to be delayed. Some of them and Border Protection and Immigra- this fight? How can we expect to com- have written me very personal letters tion and Customs Enforcement to the bat the flow of lethal narcotics without about coverups or hiding or handling White House to thank them and the the brave men and women of the Bor- documents in ways they perceive to be people under them for all they do on a der Patrol and ICE? different from what other committee daily basis to protect Americans. Re- Just last week, I sent a letter to Sec- chairmen have done. In regard to the cent events are a stark reminder as to retaries Nielsen and Pompeo about an delay of the hearing, they claim that it how much we need these hard-working Iraqi national who lied about his active is because President Trump’s former men and women. membership in ISIS and al-Qaida in lawyer recently pleaded guilty to Amidst cries from the radical far left Iraq so he could claim refugee status criminal violations of campaign fi- to abolish law enforcement agencies, and settle safely in Sacramento, CA. nance law, allegedly at President such as ICE, I am proud to stand in ICE played a very vital role in his ar- Trump’s direction. support of the brave men and women of rest. I am not going to delay Judge that agency. Customs and Border Pro- This weekend, ICE deported a Nazi Kavanaugh’s nomination hearing. tection and Immigration and Customs prison guard who was living in Queens, There is no precedent for delaying a Enforcement are tasked with pro- NY, and yesterday ICE was imme- hearing in these circumstances. In fact, tecting the homeland, a duty they will- diately there on the scene in Brooklyn, it is just the opposite. There is clear ingly accepted on behalf of all Ameri- IA, when State and local authorities precedent pointing in the other direc- cans and, of course, the No. 1 responsi- determined the suspect was a foreign tion. I will give my colleagues at least bility, the Federal Government. national. one. Every day, men and women of the Congress has been dancing around In 1994, President Clinton nominated Justice Breyer to the Supreme Court. Border Patrol and ICE, or Immigration the issue of securing our borders and At that time, President Clinton was and Customs Enforcement, put them- strengthening interior enforcement for under investigation by Independent selves in harm’s way because Congress far too long. We have told voters we Counsel Robert Fiske in connection tasked them with this great responsi- will fix the problem, but we don’t seem with the Whitewater land deal. Indeed, bility. to get the bills passed. Stories like President Clinton’s own records were So to my colleagues on the other side those of Kate Steinle, Sarah Root, under grand jury subpoena. Yet the of the aisle who call for abolishing im- Kayla Cuevas, and now Mollie Tibbetts Senate confirmed Justice Breyer by a migration enforcement, I urge caution. continue to appear in the news, and we ought to come to the conclusion that vote of 87 to 9 during all of that. We have heard a lot of that lately In fact, President Clinton was under enough is enough. about abolishing immigration enforce- investigation for much of his Presi- SARAH’S LAW ment. dency and was even impeached for Scapegoating our uniformed officers, Mr. President, I urge the Senate to committing perjury. Obviously, he who are simply executing the law, to put partisanship aside and support wasn’t convicted. But through all of launch future Presidential campaigns Sarah’s Law. That is a bill that some this, the Senate didn’t stop confirming only moves us further away from one of us from the Midwest have intro- his lifetime appointments to the bench. another and further away from a last- duced, but we also would like to see President Trump is not even close to ing solution. justice for Kate Steinle’s murder be- being in the same legal situation as To put their efforts into perspective, cause people who have been deported, President Clinton, but obviously some let’s take a look at some data. During coming back to the United States to do people around here think he is. fiscal year 2017, ICE arrested more than this killing—just for coming back and So my colleagues’ plea to delay the 127,000 aliens with criminal convictions violating our law over and over and hearing rings very false considering the or charges. ICE made 5,225 administra- over by crossing into the country with- precedent I just gave, and maybe histo- tive arrests of suspected gang mem- out papers, they should have manda- rians can give us more precedents. bers. Last year, the criminal aliens ar- tory sentences. So I want to tell my colleagues why rested by ICE were responsible for Sarah’s Law is a bill I introduced liberal outside groups and Senate more than 76,000 dangerous drug of- with Senator ERNST in honor of a fel- Democratic leaders decided to oppose fenses, 48,000 assault offenses, 11,000 low Iowan, Sarah Root, who was killed the President’s Supreme Court nomi- weapon offenses, 5,000 sexual offenses, by an undocumented immigrant driv- nee by any means necessary. They even 2,000 kidnapping offenses, and 1,800 ing drunk and was three times over the said so. Some even announced their op- homicide offenses. Those statistics are legal limit. position before Judge Kavanaugh was just for ICE Enforcement and Removal Sarah’s Law is a commonsense bill nominated. The minority leader said he Operations. that requires the Federal Government would fight Judge Kavanaugh with ev- Last year, ICE Homeland Security to take custody of anyone who entered erything he has. Investigations made over 4,800 gang-re- the country illegally, violated the Members of the Judiciary Committee lated arrests. ICE also targets illicit terms of their immigration status, and announced their opposition before giv- drug flows, human trafficking oper- had their visas revoked and is there- ing Judge Kavanaugh any considerations, and transnational criminal and after charged with killing or seriously ation whatsoever. One Member said terrorist organizations. harming another person. It also re- that voting for Judge Kavanaugh is ICE is part of our broader national quires ICE to make reasonable efforts ‘‘complicit in evil.’’ Another Member security apparatus and often works to identify and provide relevant infor- said that Judge Kavanaugh threatens hand in hand with their partners at the mation to crime victims and their fam- ‘‘destruction of the Constitution of the Department of Justice, including the ilies. United States.’’

VerDate Sep 11 2014 01:26 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.044 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5817 The goal has always been the same: in touch with my staff. The staff there only with new funded capability and to delay the confirmation process as will make sure that they have full ac- technology but with new titles and au- much as possible and hope that the cess to the range of committee-con- thorities to be able to downgrade, dis- Democrats take over the U.S. Senate fidential documents. rupt, and destroy cyber attacks on our in the midterm elections. One of my colleagues tweeted, and I infrastructure and economy. The Ranking Member’s hometown am not going to name this colleague As our force evolves and changes, the newspaper reported on this strategy re- because there is no point in embar- Cyber Command will continue to be a cently, and the headline called it an at- rassing anybody to make a very strong vital stakeholder in our defense com- tempt to stall. The strategies may point here about how ridiculous some munities. change, but the goal to obstruct the of this argument has become. This is I am also pleased that the legislation confirmation process remains un- the tweet: supports the administration’s concept changed. First, Democratic leaders Chairman Grassley unilaterally deemed of a ‘‘free and open Indo-Pacific’’ by tried to apply the Biden rule, which Kavanaugh records Committee Confidential. fully funding our military activities in bars confirmations in Presidential Penalty for release could include ‘expulsion’ the Indo-Pacific region, including U.S. elections and which many Democrats from the Senate, which hasn’t happened Pacific Command theater cooperation previously said doesn’t even exist. since the Civil War, for disloyalty to the activities with partner nations. Union. GOP is going that far to keep them I am also pleased that the bill spe- They tried to apply it even to midterm secret. elections. When they used it, it was ap- cifically includes funds to support ac- I hope all of my colleagues see the plied just to Presidential elections. tivity with the Pacific Island nations, absurdity of that tweet. Now, when this strategy failed, be- including Palau. These nations are at Now, that person is kind of acting cause it was completely and flatly risk of falling under more and more like the Senate has never received false, they changed strategies. They Chinese influence, and it is important committee-confidential documents be- tried pushing for an unprecedented dis- for the United States to exert an active fore. It is common practice, and it has closure of Judge Kavanaugh’s execu- leadership role to keep these allies en- happened in previous Supreme Court tive branch documents, even though we gaged. nominations, even under Democratic Countering China’s rise represents a have already received more pages of chairmen. grave challenge for U.S. national secu- such documents than any previous Su- So to sum up, it is so regrettable rity, but it is a challenge that we must preme Court nominee. This is on top of that some of my colleagues on the absolutely rise to meet. According to Judge Kavanaugh’s 12-year judicial other side of the aisle have politicized the ‘‘National Security Strategy,’’ re- track record and other more relevant this process so much, but also, at the leased in December of just last year, publicly available materials. same time, they have short memories. ‘‘for decades, U.S. policy was rooted in Now they are trying to latch on to I yield the floor. the belief that support for China’s rise the legal troubles of President Trump’s The PRESIDING OFFICER (Mr. LEE). and for its integration into the post- former associates, but, as I just ex- The Senator from Colorado. war international order would liber- plained, there is no precedent or log- Mr. GARDNER. Mr. President, I rise alize China. Contrary to our hopes, ical reason for the Senate to decline to today to speak about the Defense ap- China expanded its power at the ex- proceed on Judge Kavanaugh’s nomina- propriations bill that we are now de- pense of the sovereignty of others.’’ tion in these circumstances. It is just bating. I congratulate Senator SHELBY According to the 2018 ‘‘National De- another attempt to block Judge and Senator LEAHY, and other Senators fense Strategy,’’ ‘‘it is increasingly Kavanaugh’s confirmation by any for working together in a cooperative clear that China and Russia want to means necessary. manner to fashion and advance this im- shape a world consistent with their au- On a related note, we are working to portant legislation. thoritarian model—gaining veto au- make available as many of the docu- For my home State of Colorado, this thority over other nations’ economic, ments relevant to Judge Kavanaugh’s legislation means critical funding for diplomatic, and security decisions.’’ nomination to the Supreme Court our men and women in uniform at in- According to the annual ‘‘Depart- when we receive them—to make them stallations such as Peterson, Buckley, ment of Defense Report on Chinese publicly available as soon as possible. and Schriever Air Force Bases, the Air Military Power,’’ released just last It is common practice—I hope every- Force Academy, and Fort Carson in week, ‘‘China’s military modernization one knows—to receive documents with Colorado Springs, and beyond. targets capabilities with the potential a restriction called ‘‘Committee Con- This bill provides the first significant to degrade core U.S. operational and fidential’’ until we can assure ourselves pay raise—the first significant pay technological advantages. To support that we will not disclose sensitive, con- raise—for soldiers, sailors, airmen, and this modernization, China uses a vari- fidential information to the public in marines for close to 10 years, and it is ety of methods to acquire foreign mili- violation of the Presidential Records well deserved and long overdue. tary and dual-use technologies, includ- Act. Chairman LEAHY, who is here on As the chair of the Senate Foreign ing targeted foreign direct investment, the floor with me, did so during Justice Relations Subcommittee on East Asia, cyber theft, and exploitation of private Kagan’s confirmation process, and I am the Pacific, and International Cyberse- China nationals’ access to these tech- doing the same. This gives Judiciary curity Policy, I want to highlight sev- nologies.’’ Committee members a jump start on eral provisions related to these areas. I am pleased that both the adminis- reviewing documents because, other- The bill provides $356 million in addi- tration and Congress are now recog- wise, if you had to wait until they were tional funding to expand and accelerate nizing this reality and taking steps to all cleared, you wouldn’t even be read- cyber research across the Department rebuild our military to stand up to ing them yet. of Defense, including $117 million for China. The goal is to make as many publicly Army cyber security research efforts I am leading a bipartisan effort in available as possible as soon as pos- and $116 million in Missile Defense the Senate called the Asia Reassurance sible. Agency cyber security enhancements. Initiative Act, or ARIA, which will set I have promised to work with Presi- This legislation will support critical a generational policy toward the Indo- dent Bush and President Trump to cyber security programs, including Pacific. I expect that the Senate For- waive committee confidentiality, when CyberWorx at the Air Force Academy, eign Relations Committee will mark the law requires it, for specific docu- DIUx in Silicon Valley, and the Army up ARIA in September, and I urge my ments that my colleagues would like to Futures Command in Austin, TX. colleagues to cosponsor this very im- use at the confirmation hearings. This The bill focuses on our ability to portant effort. is also consistent with how the Judici- modernize not only what we might use We know that China will continue to ary Committee has handled this issue in conflict but also to understand how bully its neighbors and to test U.S. re- in the past. And, of course, all of my conflict might be waged through tech- solve, and we must respond accord- Senate colleagues are welcome to re- nology. ingly. view committee-confidential docu- Through a fully funded and equipped On Monday, we heard the disturbing ments at their convenience. Simply get Cyber Command, we will be armed not news that the nation of El Salvador,

VerDate Sep 11 2014 01:26 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.046 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5818 CONGRESSIONAL RECORD — SENATE August 22, 2018 under Chinese pressure, has decided to The PRESIDING OFFICER. The be a Member of the Board of Governors of sever diplomatic ties with Taiwan in question is on agreeing to the motion. the Federal Reserve System for the unex- favor of Beijing. This is an outrageous The motion was agreed to. pired term of fourteen years from February and unwarranted move for El Salvador, The PRESIDING OFFICER. The 1, 2008. which has enjoyed official relations Mitch McConnell, Richard C. Shelby, clerk will report the nomination. Cory Gardner, John Boozman, Johnny with the Republic of China since 1933. The legislative clerk read the nomi- Isakson, John Thune, John Cornyn, In response, I have introduced an nation of Richard Clarida, of Con- Pat Roberts, Ron Johnson, James M. amendment with Senator RUBIO to this necticut, to be Vice Chairman of the Inhofe, Chuck Grassley, Lamar Alex- legislation that will restrict U.S. funds Board of Governors of the Federal Re- ander, Richard Burr, Lisa Murkowski, to the government of El Salvador. serve System for a term of four years. Michael B. Enzi, Roy Blunt, Bob It is our sincere hope that this Corker. CLOTURE MOTION amendment will send a direct message to Taiwan’s allies that the United Mr. MCCONNELL. Mr. President, I f send a cloture motion to the desk. States will use every tool to support LEGISLATIVE SESSION Taiwan’s standing on the international The PRESIDING OFFICER. The clo- Mr. MCCONNELL. Mr. President, I stage and will stand up to China’s bul- ture motion having been presented move to proceed to legislative session. lying tactics across the world. under rule XXII, the Chair directs the Thank you, Mr. President. clerk to read the motion. The PRESIDING OFFICER. The I yield the floor. The senior assistant legislative clerk question is on agreeing to the motion. The PRESIDING OFFICER. The ma- read as follows: The motion was agreed to. jority leader. CLOTURE MOTION f f We, the undersigned Senators, in accordance with the provisions of rule XXII of the EXECUTIVE SESSION EXECUTIVE SESSION Standing Rules of the Senate, do hereby move to bring to a close debate on the nomination of Richard Clarida, of Connecticut, to EXECUTIVE CALENDAR EXECUTIVE CALENDAR be Vice Chairman of the Board of Governors Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I of the Federal Reserve System for a term of move to proceed to executive session to move to proceed to executive session to four years. consider Calendar No. 783. consider Calendar No. 994. Mitch McConnell, Richard C. Shelby, The PRESIDING OFFICER. The Cory Gardner, John Boozman, Johnny The PRESIDING OFFICER. The question is on agreeing to the motion. Isakson, John Thune, John Cornyn, question is on agreeing to the motion. The motion was agreed to. Pat Roberts, Ron Johnson, James M. The motion was agreed to. The PRESIDING OFFICER. The Inhofe, Chuck Grassley, Lamar Alex- The PRESIDING OFFICER. The clerk will report the nomination. ander, Richard Burr, Lisa Murkowski, clerk will report the nomination. The legislative clerk read the nomi- Michael B. Enzi, Roy Blunt, Bob The legislative clerk read the nomi- Corker. nation of Lynn A. Johnson, of Colo- nation of Joseph H. Hunt, of Maryland, rado, to be Assistant Secretary for f to be an Assistant Attorney General. Family Support, Department of Health LEGISLATIVE SESSION CLOTURE MOTION and Human Services. Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I CLOTURE MOTION move to proceed to legislation session. send a cloture motion to the desk. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The The PRESIDING OFFICER. The clo- send a cloture motion to the desk. question is on agreeing to the motion. ture motion having been presented The PRESIDING OFFICER. The clo- The motion was agreed to. under rule XXII, the Chair directs the ture motion having been presented clerk to read the motion. under rule XXII, the Chair directs the f The senior assistant legislative clerk clerk to read the motion. EXECUTIVE SESSION read as follows: The senior assistant legislative clerk CLOTURE MOTION read as follows: We, the undersigned Senators, in accord- CLOTURE MOTION EXECUTIVE CALENDAR ance with the provisions of rule XXII of the We, the undersigned Senators, in accord- Mr. MCCONNELL. Mr. President, I Standing Rules of the Senate, do hereby ance with the provisions of rule XXII of the move to proceed to executive session to move to bring to a close debate on the nomi- Standing Rules of the Senate, do hereby nation of Joseph H. Hunt, of Maryland, to be move to bring to a close debate on the nomi- consider Calendar No. 911. The PRESIDING OFFICER. The an Assistant Attorney General. nation of Lynn A. Johnson, of Colorado, to Mitch McConnell, Richard C. Shelby, be Assistant Secretary for Family Support, question is on agreeing to the motion. Cory Gardner, John Boozman, Johnny Department of Health and Human Services. The motion was agreed to. Isakson, John Thune, John Cornyn, Mitch McConnell, Richard C. Shelby, The PRESIDING OFFICER. The Pat Roberts, Ron Johnson, James M. Cory Gardner, John Boozman, Johnny clerk will report the nomination. Inhofe, Chuck Grassley, Lamar Alex- Isakson, John Thune, John Cornyn, The legislative clerk read the nomi- ander, Richard Burr, Lisa Murkowski, Pat Roberts, Ron Johnson, James M. nation of Richard Clarida, of Con- Michael B. Enzi, Roy Blunt, Bob Inhofe, Chuck Grassley, Lamar Alex- Corker. ander, Richard Burr, Lisa Murkowski, necticut, to be a Member of the Board Michael B. Enzi, Roy Blunt, Bob of Governors of the Federal Reserve f Corker. System for the unexpired term of four- LEGISLATIVE SESSION f teen years from February 1, 2008. Mr. MCCONNELL. Mr. President, I LEGISLATIVE SESSION CLOTURE MOTION Mr. MCCONNELL. Mr. President, I ask unanimous consent that we move Mr. MCCONNELL. Mr. President, I send a cloture motion to the desk. to proceed to legislative session. move to proceed to legislative session. The PRESIDING OFFICER. The clo- The PRESIDING OFFICER. The The PRESIDING OFFICER. The ture motion having been presented question is on agreeing to the motion. question is on agreeing to the motion. The motion was agreed to. The motion was agreed to. under rule XXII, the Chair directs the clerk to read the motion. f f The senior assistant legislative clerk EXECUTIVE SESSION EXECUTIVE SESSION read as follows: CLOTURE MOTION EXECUTIVE CALENDAR We, the undersigned Senators, in accord- EXECUTIVE CALENDAR ance with the provisions of rule XXII of the Mr. MCCONNELL. Mr. President, I Standing Rules of the Senate, do hereby Mr. MCCONNELL. Mr. President, I move to proceed to executive session to move to bring to a close debate on the nomi- move to proceed to executive session to consider Calendar No. 910. nation of Richard Clarida, of Connecticut, to consider Calendar No. 720.

VerDate Sep 11 2014 01:26 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.047 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5819 The PRESIDING OFFICER. The Mitch McConnell, Thom Tillis, David The legislative clerk read the nomi- question is on agreeing to the motion. Perdue, Chuck Grassley, Jeff Flake, nation of Charles Barnes Goodwin, of The motion was agreed to. Todd Young, Richard Burr, Tom Cot- Oklahoma, to be United States District The PRESIDING OFFICER. The ton, Tim Scott, Steve Daines, Deb Judge for the Western District of Okla- Fischer, Shelley Moore Capito, John clerk will report the nomination. Thune, John Kennedy, James E. Risch, homa. The legislative clerk read the nomi- Roger F. Wicker, Mike Rounds. CLOTURE MOTION nation of Isabel Marie Keenan Mr. MCCONNELL. Mr. President, I f Patelunas, of Pennsylvania, to be As- send a cloture motion to the desk. sistant Secretary for Intelligence and LEGISLATIVE SESSION The PRESIDING OFFICER. The clo- Analysis, Department of the Treasury. Mr. MCCONNELL. Mr. President, I ture motion having been presented CLOTURE MOTION move to proceed to legislative session. under rule XXII, the Chair directs the Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The clerk to read the motion. send a cloture motion to the desk. question is on agreeing to the motion. The senior assistant legislative clerk The PRESIDING OFFICER. The clo- The motion was agreed to. read as follows: ture motion having been presented CLOTURE MOTION f under rule XXII, the Chair directs the We, the undersigned Senators, in accord- clerk to read the motion. EXECUTIVE SESSION ance with the provisions of rule XXII of the The senior assistant legislative clerk Standing Rules of the Senate, do hereby read as follows: move to bring to a close debate on the nomination of Charles Barnes Goodwin, of Okla- CLOTURE MOTION EXECUTIVE CALENDAR homa, to be United States District Judge for We, the undersigned Senators, in accord- Mr. MCCONNELL. Mr. President, I the Western District of Oklahoma. ance with the provisions of rule XXII of the move to proceed to executive session to Mitch McConnell, Thom Tillis, David Standing Rules of the Senate, do hereby consider Calendar No. 635. Perdue, Chuck Grassley, Jeff Flake, move to bring to a close debate on the nomi- The PRESIDING OFFICER. The Todd Young, Richard Burr, Tom Cot- nation of Isabel Marie Keenan Patelunas, of question is on agreeing to the motion. ton, Tim Scott, Steve Daines, Deb Pennsylvania, to be Assistant Secretary for Fischer, Shelley Moore Capito, John Intelligence and Analysis, Department of the The motion was agreed to. The PRESIDING OFFICER. The Thune, John Kennedy, James E. Risch, Treasury. Roger F. Wicker, Mike Rounds. Mitch McConnell, Mike Crapo, Tom Cot- clerk will report the nomination. ton, Johnny Isakson, John Kennedy, The legislative clerk read the nomi- f John Thune, John Boozman, Tim nation of R. Stan Baker, of Georgia, to Scott, Roy Blunt, Richard Burr, Thom be United States District Judge for the LEGISLATIVE SESSION Tillis, Cory Gardner, Roger F. Wicker, Southern District of Georgia. Mr. MCCONNELL. Mr. President, I Mike Rounds, John Cornyn, John Bar- CLOTURE MOTION move to proceed to legislative session. rasso, Jerry Moran. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The f send a cloture motion to the desk. question is on agreeing to the motion. LEGISLATIVE SESSION The PRESIDING OFFICER. The clo- The motion was agreed to. Mr. MCCONNELL. Mr. President, I ture motion having been presented f under rule XXII, the Chair directs the move to proceed to legislative session. EXECUTIVE SESSION The PRESIDING OFFICER. The clerk to read the motion. question is on agreeing to the motion. The senior assistant legislative clerk read as follows: The motion was agreed to. EXECUTIVE CALENDAR CLOTURE MOTION f We, the undersigned Senators, in accord- Mr. MCCONNELL. Mr. President, I EXECUTIVE SESSION ance with the provisions of rule XXII of the move to proceed to executive session to Standing Rules of the Senate, do hereby consider Calendar No. 674. move to bring to a close debate on the nomi- The PRESIDING OFFICER. The EXECUTIVE CALENDAR nation of R. Stan Baker, of Georgia, to be question is on agreeing to the motion. United States District Judge for the South- Mr. MCCONNELL. Mr. President, I The motion was agreed to. ern District of Georgia. The PRESIDING OFFICER. The move to proceed to executive session to Mitch McConnell, Thom Tillis, David consider Calendar No. 633. Perdue, Chuck Grassley, Jeff Flake, clerk will report the nomination. The PRESIDING OFFICER. The Todd Young, Richard Burr, Tom Cot- The legislative clerk read the nomi- question is on agreeing to the motion. ton, Tim Scott, Steve Daines, Deb nation of Barry W. Ashe, of Louisiana, The motion was agreed to. Fischer, Shelley Moore Capito, John to be United States District Judge for The PRESIDING OFFICER. The Thune, John Kennedy, James E. Risch, the Eastern District of Louisiana. Roger F. Wicker, Mike Rounds. clerk will report the nomination. CLOTURE MOTION The legislative clerk read the nomi- f Mr. MCCONNELL. Mr. President, I nation of Terry Fitzgerald Moorer, of send a cloture motion to the desk. LEGISLATIVE SESSION Alabama, to be United States District The PRESIDING OFFICER. The clo- Judge for the Southern District of Ala- Mr. MCCONNELL. Mr. President, I ture motion having been presented bama. move to proceed to legislative session. under rule XXII, the Chair directs the CLOTURE MOTION The PRESIDING OFFICER. The clerk to read the motion. Mr. MCCONNELL. Mr. President, I question is on agreeing to the motion. The senior assistant legislative clerk send a cloture motion to the desk. The motion was agreed to. read as follows: The PRESIDING OFFICER. The clo- f CLOTURE MOTION ture motion having been presented EXECUTIVE SESSION We, the undersigned Senators, in accord- under rule XXII, the Chair directs the ance with the provisions of rule XXII of the clerk to read the motion. Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- The senior assistant legislative clerk EXECUTIVE CALENDAR read as follows: nation of Barry W. Ashe, of Louisiana, to be Mr. MCCONNELL. Mr. President, I United States District Judge for the Eastern CLOTURE MOTION move to proceed to executive session to District of Louisiana. We, the undersigned Senators, in accord- consider Calendar No. 636. Mitch McConnell, Thom Tillis, David ance with the provisions of rule XXII of the The PRESIDING OFFICER. The Perdue, Chuck Grassley, Jeff Flake, Standing Rules of the Senate, do hereby Todd Young, Richard Burr, Tom Cot- move to bring to a close debate on the nomi- question is on agreeing to the motion. ton, Tim Scott, Steve Daines, Deb nation of Terry Fitzgerald Moorer, of Ala- The motion was agreed to. Fischer, Shelley Moore Capito, John bama, to be United States District Judge for The PRESIDING OFFICER. The Thune, John Kennedy, James E. Risch, the Southern District of Alabama. clerk will report the nomination. Roger F. Wicker, Mike Rounds.

VerDate Sep 11 2014 02:35 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.056 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5820 CONGRESSIONAL RECORD — SENATE August 22, 2018 LEGISLATIVE SESSION The PRESIDING OFFICER. The clo- EXECUTIVE SESSION Mr. MCCONNELL. Mr. President, I ture motion having been presented move to proceed to legislative session. under rule XXII, the Chair directs the EXECUTIVE CALENDAR The PRESIDING OFFICER. The clerk to read the motion. question is on agreeing to the motion. The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, I The motion was agreed to. read as follows: move to proceed to executive session to CLOTURE MOTION f consider Calendar No. 731. We, the undersigned Senators, in accord- The PRESIDING OFFICER. The EXECUTIVE SESSION ance with the provisions of rule XXII of the question is on agreeing to the motion. Standing Rules of the Senate, do hereby The motion was agreed to. move to bring to a close debate on the nomi- The PRESIDING OFFICER. The EXECUTIVE CALENDAR nation of Susan Paradise Baxter, of Pennsyl- clerk will report the nomination. vania, to be United States District Judge for Mr. MCCONNELL. Mr. President, I the Western District of Pennsylvania. The legislative clerk read the nomi- move to proceed to executive session to Mitch McConnell, Thom Tillis, David nation of William F. Jung, of Florida, consider Calendar No. 676. Perdue, Chuck Grassley, Jeff Flake, to be United States District Judge for The PRESIDING OFFICER. The Todd Young, Richard Burr, Tom Cot- the Middle District of Florida. question is on agreeing to the motion. ton, Tim Scott, Steve Daines, Deb CLOTURE MOTION Fischer, Shelley Moore Capito, John The motion was agreed to. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The Thune, John Kennedy, James E. Risch, Roger F. Wicker, Mike Rounds. send a cloture motion to the desk. clerk will report the nomination. The PRESIDING OFFICER. The clo- The legislative clerk read the nomi- f ture motion having been presented nation of James R. Sweeney II, of Indi- LEGISLATIVE SESSION under rule XXII, the Chair directs the ana, to be United States District Judge clerk to read the motion. for the Southern District of Indiana. Mr. MCCONNELL. Mr. President, I move to proceed to legislative session. The senior assistant legislative clerk CLOTURE MOTION The PRESIDING OFFICER. The read as follows: Mr. MCCONNELL. Mr. President, I question is on agreeing to the motion. CLOTURE MOTION send a cloture motion to the desk. The motion was agreed to. We, the undersigned Senators, in accord- The PRESIDING OFFICER. The clo- ance with the provisions of Rule XXII of the f ture motion having been presented Standing Rules of the Senate, do hereby under rule XXII, the Chair directs the EXECUTIVE SESSION move to bring to a close debate on the nomi- clerk to read the motion. nation of William F. Jung, of Florida, to be The senior assistant legislative clerk United States District Judge for the Middle read as follows: EXECUTIVE CALENDAR District of Florida. Mitch McConnell, Thom Tillis, David CLOTURE MOTION Mr. MCCONNELL. Mr. President, I Perdue, Chuck Grassley, Jeff Flake, We, the undersigned Senators, in accord- move to proceed to executive session to Todd Young, Richard Burr, Tom Cot- ance with the provisions of rule XXII of the consider Calendar No. 693. ton, Tim Scott, Steve Daines, Deb Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The Fischer, Shelley Moore Capito, John move to bring to a close debate on the nomi- question is on agreeing to the motion. Thune, John Kennedy, James E. Risch, nation of James R. Sweeney II, of Indiana, to The motion was agreed to. Roger F. Wicker, Mike Rounds. be United States District Judge for the The PRESIDING OFFICER. The f Southern District of Indiana. Mitch McConnell, Thom Tillis, David clerk will report the nomination. LEGISLATIVE SESSION Perdue, Chuck Grassley, Jeff Flake, The legislative clerk read the nomi- Todd Young, Richard Burr, Tom Cot- nation of Marilyn Jean Horan, of Penn- Mr. MCCONNELL. Mr. President, I ton, Tim Scott, Mike Rounds, Steve sylvania, to be United States District move to proceed to legislative session. Daines, Deb Fischer, Shelley Moore Judge for the Western District of Penn- The PRESIDING OFFICER. The Capito, John Thune, John Kennedy, sylvania. question is on agreeing to the motion. James E. Risch, Roger F. Wicker. The motion was agreed to. CLOTURE MOTION f Mr. MCCONNELL. Mr. President, I f LEGISLATIVE SESSION send a cloture motion to the desk. EXECUTIVE SESSION The PRESIDING OFFICER. The clo- Mr. MCCONNELL. Mr. President, I ture motion having been presented move to proceed to legislative session. under rule XXII, the Chair directs the EXECUTIVE CALENDAR The PRESIDING OFFICER. The clerk to read the motion. Mr. MCCONNELL. Mr. President, I question is on agreeing to the motion. The senior assistant legislative clerk move to proceed to executive session to The motion was agreed to. read as follows: consider Calendar No. 779. f CLOTURE MOTION The PRESIDING OFFICER. The EXECUTIVE SESSION We, the undersigned Senators, in accord- question is on agreeing to the motion. ance with the provisions of Rule XXII of the The motion was agreed to. Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The EXECUTIVE CALENDAR move to bring to a close debate on the nomination of Marilyn Jean Horan, of Pennsyl- clerk will report the nomination. Mr. MCCONNELL. Mr. President, I vania, to be United States District Judge for The legislative clerk read the nomi- move to proceed to executive session to the Western District of Pennsylvania. nation of Dominic W. Lanza, of Ari- consider Calendar No. 692. Mitch McConnell, Thom Tillis, David zona, to be United States District The PRESIDING OFFICER. The Perdue, Chuck Grassley, Jeff Flake, Judge for the District of Arizona. Todd Young, Richard Burr, Tom Cot- question is on agreeing to the motion. CLOTURE MOTION The motion was agreed to. ton, Tim Scott, Steve Daines, Deb Fischer, Shelley Moore Capito, John Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The Thune, John Kennedy, James E. Risch, send a cloture motion to the desk. clerk will report the nomination. Roger F. Wicker, Mike Rounds. The PRESIDING OFFICER. The clo- The legislative clerk read the nomi- f ture motion having been presented nation of Susan Paradise Baxter, of under rule XXII, the Chair directs the Pennsylvania, to be United States Dis- LEGISLATIVE SESSION clerk to read the motion. trict Judge for the Western District of Mr. MCCONNELL. Mr. President, I The senior assistant legislative clerk Pennsylvania. move to proceed to legislative session. read as follows: CLOTURE MOTION The PRESIDING OFFICER. The CLOTURE MOTION Mr. MCCONNELL. Mr. President, I question is on agreeing to the motion. We, the undersigned Senators, in accord- send a cloture motion to the desk. The motion was agreed to. ance with the provisions of Rule XXII of the

VerDate Sep 11 2014 02:35 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.066 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5821 Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The Todd Young, Richard Burr, Tom Cot- move to bring to a close debate on the nomi- question is on agreeing to the motion. ton, Tim Scott, Steve Daines, Deb nation of Dominic W. Lanza, of Arizona, to The motion was agreed to. Fischer, Shelley Moore Capito, John be United States District Judge for the Dis- The PRESIDING OFFICER. The Thune, John Kennedy, James E. Risch, trict of Arizona. Roger F. Wicker, Mike Rounds. Mitch McConnell, Thom Tillis, David clerk will report the nomination. The PRESIDING OFFICER. The Sen- Perdue, Chuck Grassley, Jeff Flake, The legislative clerk read the nomi- ator from Oklahoma. Todd Young, Richard Burr, Tom Cot- nation of Robert R. Summerhays, of f ton, Tim Scott, Steve Daines, Deb Louisiana, to be United States District Fischer, Shelley Moore Capito, John Judge for the Western District of Lou- SECURE ELECTIONS ACT Thune, John Kennedy, James E. Risch, isiana. Mr. LANKFORD. Mr. President, yes- Roger F. Wicker, Mike Rounds. CLOTURE MOTION terday Facebook, Google, and Twitter f Mr. MCCONNELL. Mr. President, I removed hundreds of pages, groups, and LEGISLATIVE SESSION send a cloture motion to the desk. accounts of Iranian and Russian indi- The PRESIDING OFFICER. The clo- viduals who had coordinated attacks to Mr. MCCONNELL. Mr. President, I ture motion having been presented try to influence our election. Earlier move to proceed to legislative session. under rule XXII, the Chair directs the this week, conservative think tanks, The PRESIDING OFFICER. The clerk to read the motion. Republican groups, and Senate official question is on agreeing to the motion. The senior assistant legislative clerk sites were targeted by Russian hackers. The motion was agreed to. read as follows: Today, the Democratic National Com- f CLOTURE MOTION mittee just detected and announced EXECUTIVE SESSION We, the undersigned Senators, in accord- what it believes was a sophisticated at- ance with the provisions of rule XXII of the tack to try to hack into its database Standing Rules of the Senate, do hereby system—very similar to the attack Hil- EXECUTIVE CALENDAR move to bring to a close debate on the nomi- lary Clinton’s campaign had during the nation of Robert R. Summerhays, of Lou- 2016 election time period. Today, we Mr. MCCONNELL. Mr. President, I isiana, to be United States District Judge for postponed in the Senate a committee move to proceed to executive session to the Western District of Louisiana. debating election security. consider Calendar No. 782. Mitch McConnell, Thom Tillis, David Clearly, states such as Russia, Iran, The PRESIDING OFFICER. The Perdue, Chuck Grassley, Jeff Flake, North Korea, and others are trying to question is on agreeing to the motion. Todd Young, Richard Burr, Tom Cot- ton, Tim Scott, Steve Daines, Deb influence our elections. They dem- The motion was agreed to. onstrated the capability, the willing- The PRESIDING OFFICER. The Fischer, Shelley Moore Capito, John Thune, John Kennedy, James E. Risch, ness, and the intent to come after us to clerk will report the nomination. Roger F. Wicker, Mike Rounds. try to influence us. They are looking The legislative clerk read the nomi- f for vulnerabilities in States, not to nation of Charles J. Williams, of Iowa, necessarily pick one candidate over an- to be United States District Judge for LEGISLATIVE SESSION other but to sow chaos and use infor- the Northern District of Iowa. Mr. MCCONNELL. Mr. President, I mation against us. CLOTURE MOTION move to proceed to legislative session. These same nation states are also Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The pursuing independent hackers—not send a cloture motion to the desk. question is on agreeing to the motion. necessarily working for their govern- The PRESIDING OFFICER. The clo- The motion was agreed to. ment at all but just individual hackers ture motion having been presented who are willing to be hired to do what- f under rule XXII, the Chair directs the ever these nation states want them to clerk to read the motion. EXECUTIVE SESSION do or to hack in and get information The senior assistant legislative clerk and then sell that information to a na- read as follows: tion state that might be interested in CLOTURE MOTION EXECUTIVE CALENDAR it. We, the undersigned Senators, in accord- Mr. MCCONNELL. Mr. President, I Election security is not a partisan ance with the provisions of rule XXII of the move to proceed to executive session to issue; it is a democracy issue. We Standing Rules of the Senate, do hereby consider Calendar No. 893. should take the security of our next move to bring to a close debate on the nomi- The PRESIDING OFFICER. The election seriously, just as we take the nation of Charles J. Williams, of Iowa, to be question is on agreeing to the motion. security of our infrastructure, our United States District Judge for the North- The motion was agreed to. banking system, our power and elec- ern District of Iowa. trical grid, and our water seriously. Mitch McConnell, Thom Tillis, David The PRESIDING OFFICER. The Perdue, Chuck Grassley, Jeff Flake, clerk will report the nomination. Those are areas that need to be se- Todd Young, Richard Burr, Tom Cot- The legislative clerk read the nomi- cured. I am disappointed that there ton, Tim Scott, Steve Daines, Deb nation of Alan D. Albright, of Texas, to was yet another delay in working Fischer, Shelley Moore Capito, John be United States District Judge for the through that on election security. But Thune, John Kennedy, James E. Risch, Western District of Texas. I do appreciate the work of the Rules Roger F. Wicker, Mike Rounds. CLOTURE MOTION Committee and what they are doing to continue to refine this. f Mr. MCCONNELL. Mr. President, I I do anticipate that in the days send a cloture motion to the desk. LEGISLATIVE SESSION ahead, we will have a hearing on this The PRESIDING OFFICER. The clo- Mr. MCCONNELL. Mr. President, I issue, and it will move to this floor for ture motion having been presented ask unanimous consent to proceed to final passage. The bill that is being de- under rule XXII, the Chair directs the legislative session. bated is pretty straightforward. The PRESIDING OFFICER. The clerk to read the motion. It requires voter-verified paper audit question is on agreeing to the motion. The senior assistant legislative clerk trails. In order to receive any kind of The motion was agreed to. read as follows: Federal funding, they have to have CLOTURE MOTION f some way to audit their elections. We, the undersigned Senators, in accord- It requires that all States that take EXECUTIVE SESSION ance with the provisions of rule XXII of the Federal money to help them in their Standing Rules of the Senate, do hereby election systems also conduct post- move to bring to a close debate on the nomi- election audits that are determined by EXECUTIVE CALENDAR nation of Alan D. Albright, of Texas, to be United States District Judge for the Western the States. It is not a reason for the Mr. MCCONNELL. Mr. President, I District of Texas. Federal Government to step in and tell move to proceed to executive session to Mitch McConnell, Thom Tillis, David the States how to do that; that is consider Calendar No. 838. Perdue, Chuck Grassley, Jeff Flake, uniquely a role of the States.

VerDate Sep 11 2014 02:59 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.075 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5822 CONGRESSIONAL RECORD — SENATE August 22, 2018 It requires communication between asks for election assistance. The DHS As I think about the consequences of the States and the Federal Government will literally take people off of other inaction, I can’t help but reflect on the on election infrastructure breaches. assignments in order to get those indi- financial crisis that nearly destroyed There are ways to do that, to honor the viduals to the election officials of any our global economy 10 years ago. Mil- States’ authority to run their elections State that asks for it, and all requests lions of hard-working people lost their but still understand that we have vul- from every State that has asked for ad- jobs, millions lost their homes, and nerability nationwide if any one State ditional assistance have been fulfilled. millions lost their savings. The finan- is vulnerable. I heard the arguments on Recently, the DHS also ran what it cial crisis nearly tore apart the global the bill and on information sharing, called the ‘‘Tabletop the Vote 2018.’’ It economy for a whole variety of rea- but I would say that it is clear that an ran a national cyber exercise in order sons, but the failure to act on credible, attack on any one State, on any one to practice how this would work, what verifiable data is what nearly de- county, could jeopardize the integrity would work, and what vulnerabilities stroyed our economy. of our Nation’s election security sys- there would be. The DHS received tre- It didn’t have to happen. We could tem. mendous feedback from the States as it have prevented it. Yet here we are I have heard that States may not did the exercise. It participated with again, ignoring clear and blatant warn- need to conduct their own post-election the States and found out where they ings of another financial disaster in the audits. It has been kind of a ‘‘trust us; could share information. The DHS has making. The evidence is mounting things will work out fine.’’ The chal- set up a tremendous resource for elec- every single day with fires blazing out lenge I have with that is that five tion day itself so as to watch out for of control, extreme storms and hurri- States in the United States right now malicious attacks during election day canes, rising sea levels, and warming and as of this election coming up in and the runup to the election and to oceans. Our planet is in danger, which November will not be able to even do a make sure it has rapid communication. means our economy is in danger. post-audit election on their systems. None of that existed in 2016. That is Recent data show that a major cli- Nine additional States have some coun- real progress, but we have to get some mate-related disaster could trigger a ties within their States that cannot do of these legislative solutions in place global financial crisis, the likes of a post-election audit. So the problem as well. At the end of the day, States which our economy has never seen. with ‘‘trust me’’ is that there is no way are going to control their elections, Now, I don’t say that to predict some to be able to verify on the back side. I but I don’t expect every State in the kind of doomsday disaster. This is a get ‘‘trust me’’ but no verification. United States to protect itself against real and present threat to our global The bill that is coming through, the a foreign attack. It is the Federal Gov- economy, and here is why: The driving Secure Elections Act that AMY KLO- ernment’s responsibility to step in and cause of climate change is emissions of BUCHAR from Minnesota and I are work- help protect our systems. We are try- carbon dioxide, methane, and other ing so hard to work through the sys- ing to hit this balance with the Secure greenhouse gases from humans in their tem, allows the States to run their own Elections Act, wherein the States burning of fossil fuels. We are causing election systems and allows for the would run their elections, the Federal this every day. flexibility that the States absolutely Government would do its part, and the Scientists estimate that humans can need in the vendors they choose to use American people would do their part by only burn so much more carbon before and all the details they choose on that, stepping up to vote and have con- causing a global temperature rise of 2 but it requires the simple ability to fidence in knowing their votes actually degrees. A 2-degree rise in tempera- audit their systems after it is over so count. tures would be devastating—rising sea that no nation state, no group of hack- Congress needs to pass this legisla- levels, droughts, famine. Yet, as of ers can stand up and say ‘‘We did it’’ tion. We need to move it across the today, the worldwide oil and gas indus- and there is no way to be able to prove committee line and across this floor try has carbon reserves that already them wrong. Audits are not recounts; because the election issues that we are far exceed the amount of carbon we can audits just give voters confidence that facing right now are not going away burn to stay under the 2-degree tem- the vote they cast was counted. and are not getting easier, and States perature rise. To be clear, we have advanced a tre- could use our help. It is about time we So what does that actually mean? mendous amount since the 2016 time stepped up and did it. All of these carbon resources will be- period. The Department of Homeland I yield the floor. come less and less valuable as the envi- Security has done a lot to help protect The PRESIDING OFFICER. The Sen- ronmental costs of burning carbon be- our system. States have stepped up sig- ator from Massachusetts. come more and more severe. That will nificantly to protect their systems, but CLIMATE CHANGE devastate the global coal, oil, and gas there is more to go. Ms. WARREN. Mr. President, I thank industries. One estimate is that 82 per- The DHS now has security clearances Senator WHITEHOUSE for his unwaver- cent of all coal reserves, 49 percent of for election officials or has the capa- ing commitment to elevating the ur- global gas reserves, and 33 percent of bility to have an immediate security gent need for all of us to take action on global oil reserves could go unused. conversation with every single State in climate change. Some experts predict that we will the United States. That is important Since 2012, Senator WHITEHOUSE has cause the value of fossil fuel companies because in 2016 that didn’t occur, and given over 200 speeches on climate to be cut in half, with the U.S. poten- the threat against the United States change—faithfully, passionately, intel- tially losing its entire oil and gas in- could not be communicated to the lectually—and has warned us of what is dustry. That could make the 2008 finan- States sometimes for months, some- to come if we don’t get our act to- cial crisis look like a walk in the park. times for over a year. That has been gether. So I thank Senator WHITE- That is what is at stake for our global fixed. HOUSE. I am proud to stand shoulder to system. There has been cyber assistance that shoulder with him in the fight to save What about here at home? has been offered to every single State, this Earth. This is on all of us. Listen to this: Rising sea levels and and many of those States have taken The facts are in. The science is irref- spreading flood plains appear likely to it. The DHS has been able to work with utable. Climate change is real. It is destroy billions of dollars in property individual States and to check their real, and it is happening every single and to displace millions of people. systems to make sure they are secure, day all around us. It is not made up. It ‘‘The economic losses and social dis- and it has been able to provide filters is not a Chinese hoax. It is the most ex- ruption may happen gradually, but so as to filter out malicious hackers on istential threat our world has ever they are likely to be greater in total top of their already consistent filters known, and we are not doing enough to than those experienced in the housing that are there. This is to provide a stop it. That is why I wanted to be here crisis and Great Recession.’’ kind of belt-and-suspenders protection tonight to stand with my friend and Who wrote that? Freddie Mac, the for their election systems. my colleague Senator WHITEHOUSE to government-sponsored company that is The DHS has already given priority ring the alarm. It is time for us to responsible for buying millions of to any requests from any State that wake up. mortgages every year. That is not

VerDate Sep 11 2014 02:59 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.082 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5823 some partisan view; that is a cold-eyed groups pushed through an industry- demand and growth. . . . Climate policies, if assessment of the likely damage that scripted resolution and declared, false- well designed and implemented, are con- climate change will cause to our econ- ly, that pricing carbon would be bad for sistent with growth, development, and pov- omy and to our citizens. the American economy. All but eight erty reduction. The transition to a low carbon economy is potentially a powerful, at- Another recent study, conducted by House Republicans voted the way the tractive, and sustainable growth story, the Union of Concerned Scientists, industry instructed—for a resolution marked by higher resilience, more innova- found that over the next 30 years, that was, for them, politically correct tion, more livable cities, robust agriculture, 311,000 homes will be in danger of being in a polluter-obedient kind of way but and stronger ecosystems. flooded every 2 weeks—311,000. That was factually false. Today, in my 217th ‘‘Time to Wake Think about that. The fossil fuel in- means more than half a million Ameri- dustry and its phony front groups have cans could have their homes inundated Up’’ climate change speech, I am going to relate recent testimony by a re- cooked up a phony hobgoblin of eco- with water multiple times every single nomic harm, which just so happens to month. Think about the financial toll spected Nobel Prize-winning economics professor, Joseph Stiglitz. Unlike all of protect the industry they serve at the the constant flooding will take on expense of everyone else. these families and the homes. Well, that cheap political chicanery around after being bombarded with saltwater the House resolution, Professor Here is a Nobel Prize-winning econo- over and over again, a coastal property Stiglitz’ report was presented under mist telling us that shifting to renew- meltdown would be inevitable. oath and was subject to cross-examina- able energy would actually help us Yet here is what gives me comfort tion. Fat chance the climate deniers grow the economy. The need for this and why I am inspired to work with would ever let themselves get cross-ex- transition is also echoed in the warn- Senator WHITEHOUSE and why I am in- amined under oath. Truth is ings, which I have spoken about and spired by his work and why I had to be kryptonite for them. which Senator WARREN just so elo- here tonight. We can prevent this cri- Stiglitz’ report came out in Juliana quently spoke about, of a carbon bub- sis, but only if we act. It is going to v. United States—a case in which the ble and crash. take public-private partnerships, CEOs, plaintiffs were children who sued the Why is it that the clean energy econ- and Members of Congress to work to- U.S. Government for violating their omy grows? The same reason the econ- gether to prepare for the worst. That constitutional rights through a know- omy grew when we went from horse means companies need to begin including failure to protect them from the and buggy to automobile or landline to ing the risk of climate change in their costs of unlimited carbon emissions. cell phones. The key word is ‘‘innova- investment and risk management prac- Here is what Stiglitz’ testimony tion.’’ As Professor Stiglitz says, we tices. states: get more innovation as we manage this Climate change can be an economic [The U.S. Government’s] continuing sup- transaction. opportunity if we act boldly and deci- port and perpetuation of a national fossil- Renewable energy, electric cars, bat- sively, which is something I know Sen- fuel based energy system and continuing delay in addressing climate change is sad- tery storage, carbon capture, energy ef- ator WHITEHOUSE will address shortly. dling and will continue to saddle Youth ficiency, low-carbon and zero-carbon If we fail to act, it will be a financial Plaintiffs with an enormous cost burden, as fuels—these are technologies of the fu- catastrophe as well as an environ- well as tremendous risks. ture, promising millions of great jobs. mental catastrophe, and it will put the Obviously, when Stiglitz talks about The question is whether these will be 2008 financial crisis to shame. We know ‘‘youth plaintiffs,’’ his testimony actu- American technologies and American it is coming; we need the political will ally covers all of the children and fu- jobs or whether China, Germany, to do something about it. ture generations who will bear the ter- Japan, and other countries will win the I yield the floor. rible, foreseeable costs of climate transition to a low-carbon economy. The PRESIDING OFFICER. The Sen- havoc. Growth will not just come from new ator from Rhode Island. In particular, Stiglitz notes that jobs; it will come from lower costs. Mr. WHITEHOUSE. Mr. President, I ‘‘rising sea levels will lead to massive Stiglitz notes this: ‘‘Many energy effi- am so grateful to join my colleague reductions in property value,’’ just as ciency technologies actually have a today, Senator WARREN, to discuss the Senator WARREN and Freddie Mac have negative cost to implement.’’ Now, you financial and economic risks that are warned, and children and future gen- have to be an economist to use the posed by climate change. erations will have to ‘‘bear the enor- phrase ‘‘negative cost.’’ Negative cost, You have just heard the Senator mous cost of relocating the people and obviously, is ‘‘economics-ese’’ for from my neighboring State of Massa- infrastructure that are now on this [in- ‘‘that’s a good thing.’’ chusetts lay out a powerful case. Given undated] land.’’ the gravity of these risks and given our The reverse case is the Trump admin- Of all places, the State of Kentucky istration’s recent decision to freeze recent experience of the 2008 financial has a report that warns that its popu- crisis, we should be doing everything fuel economy standards for cars. That lation might rise because people will is a bad thing. It will cost American we can to prevent another economic have to flee coastal States. Even the meltdown. consumers hundreds of billions of dol- leader’s own State recognizes this lars more at the pump. It is no surprise We know exactly what we need to do coastal problem. to mitigate these economic threats. We that all of that extra cost for con- This testimony echoes other warn- sumers in gas money goes to Big Oil, need to transition from polluting fossil ings that I have related in recent fuels to clean, renewable energy. We which has the Trump administration speeches about this looming coastal obediently in its pocket. can do this simply by giving renew- property value crash—warnings we ables a fair market chance against the hear from sources as diverse as Freddie Stiglitz’s testimony estimates the gigantic public subsidies on which the Mac, as the Union of Concerned Sci- total benefits to the U.S. economy fossil fuel industry float. Put a price on entists, through insurance trade publi- from shifting away from fossil energy carbon emissions so the price of the cations, and now from this Nobel Prize- sources at around $1 trillion by 2050—$1 polluting product reflects its pollution winning economist. Peer-reviewed re- trillion by 2050. As I said, a $1 trillion costs to society. That is the economics search also shows a gap emerging be- negative cost is a good thing. It is a 101 answer. tween coastal and inland property val- really good thing, and if we weren’t The problem is that fossil fuel behe- ues, which is what you would expect as completely in tow to the fossil fuel in- moths are desperate to duck the costs an early warning signal. dustry around here, we would be striv- of their pollution. They want to pro- Stiglitz’ report, however, isn’t doom ing for it. tect this massive market failure. Why and gloom. It actually shows that eco- Stiglitz recommends the policies to do you suppose they are the biggest nomic gains result from a wise transi- get us to that low-carbon economy. special interest political force in the tion to sustainable energy sources. First, he says we must put a price on world? It is to do that work. Look over Stiglitz writes: carbon. He testifies that putting a in the House, where just recently an Retrofitting the global economy for a cli- price on carbon could be beneficial to army of fossil fuel lobbyists and front mate change would help to restore aggregate the economy all by itself. He says:

VerDate Sep 11 2014 02:59 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.084 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5824 CONGRESSIONAL RECORD — SENATE August 22, 2018 [A] carbon tax . . . could substitute for These carbon pricing ideas are a win- some of the judge’s opinions regarding other more distortionary taxes. If govern- ner on their own, and it becomes a win- older Americans and Americans with ments made such a substitution, the aggre- win-win when you add the environ- disabilities. I will be walking through gate cost of curtailing carbon emissions mental and health benefits. some of those cases at a different time, could be even less than zero, providing net So who are we going to believe, the benefits to the economy. but I have a series of questions that I front groups paid by the fossil fuel in- Second, he testifies that we must end think are important to have answers to dustry? If there were Olympic medals the enormous, gigantic subsidies we as they relate to his views and the po- in having a conflict of interest, these grant to the fossil fuel industry. Here tential opinions he would write that af- phonies would take the gold. Unfortu- is what he says: fect older Americans and individuals nately, you would have to hose off the The full amount of post-tax subsidies in with disabilities. the U.S. [to the fossil fuel industry] has been medals platform afterward. Because there has been a failure so estimated at nearly $700 billion per year, On the other side, you have actual far to turn over records of his tenure in more than half of the Federal government’s experts, honest experts—the ones cited the White House—documents that forecasted deficit for the next fiscal year. by Senator WARREN, the economists I some believe number in the millions of Eliminating all fossil fuel subsidies (implicit have mentioned here today, and many pages—it is very difficult to ascertain and explicit, many of which go to large cor- others—who all agree. They are all say- porations) could, therefore, both curtail fos- or even to formulate questions that re- ing that we need to act now. They are late to just these two topics, among sil-fuel production, through forcing compa- all telling us that failure to act puts us nies to bear more of the true costs of fossil- many, the two topics being his views fuel production, and substantially reduce our in harm’s way for serious economic dis- on Americans with disabilities and the national deficit in one fell swoop. ruption. They are all telling us that laws that protect Americans with dis- For the record, Stiglitz adds that pricing carbon and ending fossil fuel abilities and, of course, his views on ‘‘equity would also be improved with subsidies will actually be a boon to the programs and policies that relate to corporations paying more and individ- economy. older Americans. Our choice is clear. Going with the uals, such as Youth Plaintiffs and Af- corrupt guys is not a good look, not Today I have written to Chairman fected Children, benefiting.’’ GRASSLEY, the chairman of the Judici- Of course, around here, corporate in- when the day of reckoning comes. And warnings are more and more wide- ary Committee, and Ranking Member terests get better service than the FEINSTEIN, to demand that the Judici- American people, so that observation spread and clear that a day of reckoning draws nigh. ary Committee obtain and share with doesn’t count for much, but there it is. me and my staff all documents related There is one last bit of Stiglitz’s tes- So if you want, go with the oddballs to older adults and people with disabil- timony that is important. I quote him and the fossil fuel flunkies, not the ities. The Judiciary Committee is at- again: ‘‘The more time that passes, the Nobel Prize winners; go with the tempting to move forward with Judge more expensive it becomes to address scripted disinformation, not the sworn Kavanaugh’s hearing before—before— climate change.’’ testimony; go with the industry pro- Time is not our friend. This doesn’t tecting a $700 billion subsidy, not the we have seen and had a chance to re- get better or go away. Every day we actual scientists; and good luck look- view his entire record. Without Judge delay is a missed opportunity. Every ing your grandchildren in the eye. Kavanaugh’s full record to review and day we delay bears a cost, and we have I yield the floor. without all of the documents being been delaying—we are good at that— The PRESIDING OFFICER (Mr. made available to the committee and, for decades. TILLIS). The Senator from Pennsyl- therefore, to the Senate, no Senator James Hansen appeared before this vania. can fulfill his or her constitutional body 30 years ago—three decades ago— Mr. CASEY. Mr. President, I ask duty to provide meaningful advice and to sound the alarm about climate unanimous consent to speak as in consent about this nominee for the change in a hearing called by Senator morning business. highest Court in the land and, I would John Chafee. Stiglitz cites a 40-year- The PRESIDING OFFICER. Without argue, the most powerful—or at least old report—four decades—to President objection, it is so ordered. the most important—Court in the Carter that subsidies to the fossil fuel NOMINATION OF BRETT KAVANAUGH world. industry were stifling competition Mr. CASEY. Mr. President, I come to This duty could not be more impor- from solar. the floor this evening to spend a couple tant than it is at this moment. For decades, the fossil fuel industry of minutes talking about the nomina- Yesterday, as so many Americans has jerked Congress’s chain to keep tion of Judge Brett Kavanaugh to the know, it was a very sad day for the anything from happening. Even now, U.S. Supreme Court. country and one of the saddest days in We know that the debate has been their mischief is visible in the hob- the history of our Republic for two rea- engaged now for a number of weeks and goblin about economic harm. sons. The President’s former attorney, that the American people are part of By the way, it is not just Nobel Michael Cohen, pleaded guilty to that debate. I have already expressed Prize-winning economist Joseph breaking campaign finance laws at the my views about the process that led to Stiglitz who says that pricing carbon President’s direction, according to his his nomination. I have very strong emissions would be a good thing. statement under oath in open court— views about it. I think it was a corrupt Economists across the political spec- that statement of Mr. Cohen. trum agree. Just last month, economic bargain between at least two—if not researchers at Columbia University the only two—far-right organizations Meanwhile, Paul Manafort, the Presi- found that even if you look only at the and the administration to choose from dent’s campaign manager, was con- pure economic effects, a carbon fee is a a list of only 25 individuals to serve on victed by a jury on eight counts of tax winner. the Supreme Court. In other words, if and bank fraud. Here is a $50-per-ton carbon fee, and you are not on the list of 25 chosen by Why is that relevant to this discus- here is a $75-per-ton carbon fee, and those groups or at least certainly rati- sion about the Supreme Court? I think both show growth compared to the sta- fied by those groups, you cannot be it is pretty simple. Serious crimes have tus quo in the economy. You have to nominated to the Supreme Court. been committed by close associates of roll them back through the payroll tax, But tonight I am here to talk about the President. That President has now which is something we can do, to see a different set of questions. One is nominated Judge Kavanaugh to sit on this added growth effect from a carbon more specific and one is broader, but our highest Court, and that particular fee. both are important. I will deal with the nominee, Judge Kavanaugh, has views Remember, this growth—that is only broader question at some length, but I on Executive power and the power of the tax effects. This doesn’t count the will raise the more specific question any President to take action. These health benefits of a cleaner planet; this first; that is, the question of a par- views must be thoroughly reviewed. doesn’t count the environmental bene- ticular aspect of the Judge’s record. That takes not just a review of the fits of a healthier planet. Both are I happen to serve as the ranking record that we have now; I would argue huge. They are not even counted here. member of the Senate Special Com- that to fully examine those views, we This is just the tax effects. mittee on Aging, and I am alarmed at have to look at his whole record.

VerDate Sep 11 2014 04:26 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.086 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5825 How can any Senator—how can even bility to move forward on the LEGISLATIVE SESSION the Judiciary Committee—conduct Kavanaugh nomination without his that kind of thorough review when we full—without his full—record set forth might have literally millions of pages for the Judiciary Committee before the MORNING BUSINESS of documents that are not being made hearing begins. And if there are mil- Mr. MCCONNELL. Mr. President, I available to the Judiciary Committee lions of pages still to review, we should ask unanimous consent that the Sen- and, by extension, to the Senate itself? give Judiciary Committee members the ate proceed to legislative session for a I don’t know how we can complete that time to review those documents, for- period of morning business, with Sen- kind of an inquiry just on those ques- mulate questions, and prepare for the ators permitted to speak therein for up tions—questions of the power of the hearing. to 10 minutes each. President and questions on Executive There is no rule or no law that says The PRESIDING OFFICER. Without power more broadly. this hearing has to begin the day after objection, it is so ordered. So because of what happened yester- Labor Day or even a few days after f day, we are now in uncharted waters, Labor Day. I would think that the Sen- SOUTH SUDAN probably territory that very few Amer- ate would want to have the full icans have ever walked through. I don’t record—or as close to the full record as Mr. LEAHY. Mr. President, several of want to make any historical compari- possible—before those hearings begin, the warring parties in the South Suda- sons because they are never entirely especially because we have a particu- nese civil war, including President Kiir accurate, but I think it is safe to say larly urgent set of circumstances or set and the leader of the main opposition that we are in uncharted territory. So of facts—in light of what happened yes- party, Riek Machar, recently signed a under these circumstances, it is more terday with the two individuals in two power-sharing deal to ostensibly bring important than ever that our courts, different courts of law—which could to an end a conflict that has resulted up to and including the Supreme Court, make as a live issue, potentially, these in hundreds of thousands of deaths and act as independent arbiters in our de- questions of the exercise of Executive the largest refugee crisis in Africa. mocracy. power, especially because we have a Today in South Sudan, there are near- Any Supreme Court nominee, of nominee who has expressed views on ly 200,000 people sheltering at UN course, warrants close, careful, and those issues. I don’t think what I am peacekeeping bases, 4.5 million people thorough scrutiny. In this case, this outlining is in any way unreasonable. have been forcibly displaced, and an es- nominee, whose views on Executive Taking a few extra weeks to review timated 7 million people are in need of power I would argue are extreme, and a that record should be the subject of bi- humanitarian aid. Several ceasefires nominee who has questioned whether partisan support. have been negotiated and broken by the President can be subpoenaed—of So I believe Judge Kavanaugh’s full both sides since the conflict began in course, that nominee, in this context record must be made available for re- December 2013, and the United States but even outside this context should be view. I also believe the Senate must be has invested well over $3 billion in hu- the subject of thorough examination. given adequate opportunity to review manitarian aid to help the people of And because of what happened yester- it, and I think because of the facts and South Sudan who have been largely day, the nominee should receive the circumstances that are presented with abandoned by their political leaders. most substantial, the toughest scru- this nominee, with this Presidency, Unfortunately, the viability of the tiny on a range of questions but, in and with this set of facts, the stakes recent power-sharing deal and the pros- particular, those that relate to Execu- could not be higher. We don’t want to pects for a broader peace agreement re- tive power. be finding out down the road in the main in question. What we do know is I will quote just a few lines from a midst of a confirmation hearing—or that decades of corruption, 1998 Law Review article written by even after the confirmation hearing or marginalization, political manipula- Judge Kavanaugh. He said: ‘‘Congress even after, potentially, a confirmation tion, and human rights atrocities led should give back to the President the vote—that there are documents in the to the most recent iteration of cata- full power to act when he believes that record that were not brought to the strophic violence in South Sudan, and a particular independent counsel is full light of scrutiny that have a bear- it will take decades for the country to ‘out to get him.’ ’’ ing on his views that relate to these fully recover, but there is at least one He went on to say later: ‘‘The Presi- fundamental issues of Executive power. action that President Kiir should take dent should have absolute discretion If a legislative branch of government, today that would have immediate bene- . . . whether and when to appoint an in this case the U.S. Senate and, in fits: the release of all political pris- independent counsel.’’ particular, the Judiciary Committee— oners, journalists, academics, and oth- So that is just one brief reference in if a legislative branch of government in ers who have been detained as a result one Law Review article. There are that circumstance doesn’t discharge its of peacefully exercising their right to other examples we could cite, obvi- duty to obtain and to review and then free expression. ously Executive power—the power of to formulate questions about issues so One such individual is Peter Biar the President generally but, in par- fundamental as Executive power and Ajak. Mr. Ajak was resettled in Phila- ticular, the power of a President in the the power of the President, especially delphia in January 2001 as a teenage context of an independent counsel, in the context of a special counsel in- refugee of the Sudanese civil war and what we now call a special counsel— vestigation, I am not sure what the one of the 40,000 ‘‘Lost Boys’’ left being involved. role of the Senate would be in the ab- homeless by that conflict. Remarkably, These questions are substantial. We sence of that kind of review. he went on to earn a master’s degree know that Judge Kavanaugh, before he So I think this is fundamental. It has from Harvard and is now a doctoral was, in fact, Judge Kavanaugh, was a nothing to do with a point of view or a candidate at Cambridge. Mr. Ajak has member of a prior administration party or a position; this is fundamental been a courageous and vocal critic of where he served both as White House to the process of having a full review of the failed peace process in South Staff Secretary and White House Coun- the record. Sudan, particularly the role of Presi- sel. Therein lies a lot of information in I yield the floor. dent Kiir and opposition leader those documents about his time there, I suggest the absence of a quorum. Machar, who for years have put amass- when he assuredly would have ex- The PRESIDING OFFICER. The ing wealth and power for themselves pressed opinions on a range of ques- clerk will call the roll. far above the welfare and rights of the tions, maybe a series of statements or The senior assistant legislative clerk South Sudanese people. It is this criti- evidence in the record about his views proceeded to call the roll. cism that his supporters believe led to on Executive power, in addition to Mr. MCCONNELL. Mr. President, I his arrest and imprisonment on July 28 what he may have said in a speech or ask unanimous consent that the order by the South Sudan National Security in a Law Review article or otherwise. for the quorum call be rescinded. Service, NSS. So I believe it would be an abroga- The PRESIDING OFFICER. Without While the charges against him have tion of our constitutional responsi- objection, it is so ordered. not been publicly confirmed, Mr. Ajak

VerDate Sep 11 2014 04:49 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\G22AU6.087 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5826 CONGRESSIONAL RECORD — SENATE August 22, 2018 is allegedly being charged with treason service to the Vermont dairy commu- on the Agrimark Board of Directors for 37 and other crimes against the state and nity, further described in her well-de- consecutive years, before retiring in 2015. He has reportedly been denied access to a served nomination to the Vermont Ag- also chairs the University of Vermont, Col- lege of Agriculture and Life Sciences’ Board lawyer. Reports suggest he is one of ricultural Hall of Fame, I ask unani- of Advisors. Sustainability has always been several dozen detainees being held by mous consent that the citation of her one of Robert’s passions. Foster Brothers the NSS at the infamous Blue House nomination be printed in the RECORD. Farm was the first in the state to install and prison in Juba. There being no objection, the mate- operate a methane digester. Robert is also Mr. Ajak’s detention is consistent rial was ordered to be printed in the co-owner and operator of Vermont Natural with a pattern of abuses by the NSS, RECORD, as follows: Ag Products, a sustainable business which supplies wholesale products, formulated which has been implicated in the arbi- VERMONT AGRICULTURAL HALL OF FAME 2018 from cow, horse and poultry compost, to the trary arrest and detention of journal- INDUCTEE CLARA AYER horticultural, agricultural, and turf indus- ists, national staff of the United Na- Clara is a third-generation dairy farmer tries. He currently serves on the Board of Di- tions, academics, civil society activ- and family farm advocate. She works along- rectors for The Soil Health Institute. Within ists, and young business leaders like side her family at Fairmount Farm, where the Agrimark Co-op, Robert has been a Kerbino Wol; the forced disappearance she wears many hats from overseeing human champion for renewable energy and sustain- of human rights lawyers and members resources for their staff of fifty employees, ability, helping to pioneer the Vital Capital of the political opposition, such as to bookkeeping, to marketing, and events Index, which helps member farms measure Dong Samuel Luak and Aggrey Idri, re- management. She plays an active role in and manage their impact on their commu- shaping agricultural policy through her ad- nity, the environment and their bottom line. spectively; and other human rights vio- vocacy at the Vermont Statehouse, and in He has been a tireless advocate for Vermont lations and denials of due process. Al- Washington D.C. as part of her work as an agriculture, and a mentor and leader to though President Kiir has previously Agri-Mark Young Cooperator and member of young farmers, over the course of his pres- announced that he would release all po- the National Milk Producers’ Federation. tigious career. Together with his wife, litical prisoners and his government She currently serves as the secretary of the Nancy, he has three grown daughters; Robin has committed under a recent deal to Vermont Holstein Association, and is a dele- Cole, Jennifer Foster, and Heather Foster- release detainees, human rights mon- gate of both Vermont and New England Provencher, and six grandchildren. itors continue to report that dozens of Dairy Promotion. Clara also created and f manages a ‘‘Life on the Farm’’ summer camp people remain detained without charge for youth, which offers kids the opportunity TRIBUTE TO BETH KENNETT at the Blue House and other detention to experience agriculture through fun, edu- Mr. LEAHY. Mr. President, on behalf sites in the capital. cational on-farm activities. Clara graduated of all Vermonters, I want to honor No matter what documents are from Cornell University in 2010 with a B.A. Beth Kennett of Rochester, VT, who signed to move the country beyond its in Dairy Science. She and her husband Dana this month will be inducted into the civil war, true peace and stability will are excited to be raising their two-year-old Vermont Agricultural Hall of Fame in not be achieved if the government con- son, Carson, on the family farm. recognition of her multifaceted leader- tinues to repress free speech and ar- f ship of agriculture in the Green Moun- rest, detain, and forcibly disappear TRIBUTE TO BOB FOSTER tain State. Beth, with her husband, journalists, politicians, academics, and Bob, and their family, have for many Mr. LEAHY. Mr. President, on behalf members of civil society. If and when years run a multigenerational diversi- of all Vermonters, I would like to the U.S. government is again called on fied dairy farm in the White River Val- honor Bob Foster of Middlebury, VT, to support the government of South ley. I have often looked to Beth for her who this month will be inducted into Sudan and to help rebuild its security advice and insights into Vermont agri- services, their actions in this conflict— the Vermont Agricultural Hall of Fame culture. She has been a strong leader and their treatment of people like in recognition of more than 30 years of on many fronts, including serving on Peter Biar Ajak—will not be forgotten. outstanding service to Vermont agri- the USDA Farm Service Agency State I urge all Senators to join me in calling culture. For as long as I have served in Committee, as founding member of the for the immediate release of Mr. Ajak this body and especially in my work on Connecticut River Watershed Farmers and other prisoners of conscience and the U.S. Senate Committee on Agri- Alliance, as founding member of the accountability for the perpetrators of culture, Nutrition, and Forestry, I White River Partnership, and espe- such abuses. have often looked to Bob for input and cially as a leader in agritourism in f advice. In addition being a partner in Vermont, nationally and internation- an iconic fifth-generation Vermont TRIBUTE TO CLARA AYER ally. dairy, Bob’s leadership in Vermont has Beth’s induction into the Vermont Mr. LEAHY. Mr. President, on behalf been extraordinary. During his 37 years Agricultural Hall of Fame is well of all Vermonters, I want to honor of service on the Agri-Mark Dairy Co- earned, and I ask unanimous consent Clara Ayer of East Montpelier, VT, operative Board, the co-op has become that her nomination for this honor be who will this month be inducted into a critical resource for many Vermont printed in the RECORD. the Vermont Agricultural Hall of dairy farms and a mainstay of the There being no objection, the mate- Fame, in recognition of her status as Vermont economy. Bob is an inno- rial was ordered to be printed in the an emerging leader in the Vermont ag- vator, taking risks and leading the way RECORD, as follows: riculture community. Clara is a proud in Vermont for bio-digesters and sus- VERMONT AGRICULTURAL HALL OF FAME 2010 alumna of Cornell University with tainable value-added products and INDUCTEE BETH KENNETT a degree dairy science who, after grad- working nationally on renewable en- Beth is a dairy farmer and innkeeper who uation, went to work for Yankee Farm ergy as an adviser to the 25X25 effort. helped forge the path for Vermont’s agri- Credit. She began working full time at The extent of his service on local, tourism industry. For more than 30 years, Fairmount Farm, a third-generation State, and national leadership teams is she has helped educate Vermont farmers, dairy farm, alongside her brother exceptional and is further described in government officials, and the public about Ricky in 2014. Clara is married to Dana the economic, social, and educational bene- his well-deserved nomination to the fits of agri-tourism. As the former president Ayer, and the couple has a little boy, Vermont Agricultural Hall of Fame, I of Vermont Farms!, she has traveled and spo- Carson. She is a well-respected advo- ask unanimous consent that the nomi- ken both nationally and internationally to cate for agriculture, both in Montpelier nation be printed in the RECORD. build awareness for agri-tourism and create and Washington, DC. There being no objection, the mate- new opportunities for Vermont farmers. Her In addition to her membership in sev- rial was ordered to be printed in the tireless outreach and desire to educate has enabled many farms to diversify and realize eral dairy-related organizations, Clara RECORD, as follows: the economic advantages of connecting di- also promotes dairy to young people, VERMONT AGRICULTURAL HALL OF FAME LIFE- through a ‘‘Life on the Farm’’ summer rectly with the public. Since 1984, Beth, her TIME ACHIEVEMENT: 30+ YEARS OF OUT- husband Bob, and three generations of her camp, through educational field trips STANDING SERVICE TO VERMONT AGRI- family have opened their home for farm by the local elementary school, and CULTURE. ROBERT FOSTER, MIDDLEBURY stays, providing educational, hands-on vaca- through the formation of a Dairy 4–H Robert is a partner in Foster Brothers tions for thousands of domestic and inter- Club. As Clara has provided exceptional Farm, a fifth-generation dairy, who served national guests.

VerDate Sep 11 2014 02:59 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.062 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5827 TRIBUTE TO DICK SEARS tempts meaningful change rather than a me- resulted in making organic agriculture morial or commendation. a $60 billion annual industry—with Mr. LEAHY. Mr. President, it is my Sears, a Democrat, was first elected in honor to recognize a true friend of Vermont as a leader. Thirty years 1992. Since then, he has sponsored 314 bills later, Enid continues to provide advice Vermont, State Senator Dick Sears of and has a 60–percent bill passage success Bennington, who has been named by rate. on organic agriculture and nutrition FiscalNote as the sixth most produc- ‘‘I’m just flabbergasted,’’ Sears said of the issues. tive State senator in the United report. ‘‘[I’m] really humbled and pleased, Enid Wonnacott’s many accomplish- States. quite frankly.’’ ments are presented in detail in her Sears was the only state senator from New much deserved nomination to the Senator Sears, who was first elected England to make the top 10. in 1992, and as cited by FiscalNote, has Vermont Agricultural Hall of Fame. State Sen. Brian Campion, who is running I ask unanimous consent to have the sponsored 314 bills and has a 60 percent for re-election alongside his district mate nomination printed in the RECORD. bill passage success rate. This recogni- Sears as a team, lauded Sears for his dedica- There being no objection, the mate- tion of Senator Sears’ effectiveness tion to the county. rial was ordered to be printed in the comes as no surprise in Vermont, ‘‘Bennington County was once the forgot- RECORD, as follows: where he is respected and is a fixture ten kingdom of Vermont, but Dick has on the nightly news during the legisla- helped us rid ourselves of that title,’’ Cam- VERMONT AGRICULTURAL HALL OF FAME 2018 pion said. ‘‘He’s incredibly hard working, and INDUCTEE ENID WONNACOTT tive session. I’m lucky to have him as a mentor and dis- In the Vermont Senate Judiciary Enid has served as the Executive Director trict mate.’’ of The Northeast Organic Farming Associa- Committee, where Senator Sears serves According to the National Conference of tion of Vermont (NOFA–VT) since 1987. Over as chair, he has acted courageously on State Legislatures website, there are 7,383 the course of her tenure, thanks to her lead- issues including civil rights, marriage legislators across the United States. ership, Vermont’s organic industry has equality, human trafficking, and adop- ‘‘To be ranked in the top 10 of state sen- grown immensely, from just 57 certified tion. He himself highlights his work on ators is an amazing thing,’’ Sears said. ‘‘. . . farms in 1990, to more than 700, today. Enid I’ve worked well with various administra- corrections and criminal justice re- has worked tirelessly to help ensure all tions over the years and sponsored some Vermonters have access to local, organic form, as well as his successful involve- really tough bills.’’ ment in the 2010 rewrite of sex offender foods, and began a pioneering farm share Sears has worked successfully with four program more than 20 years ago to provide laws, as major accomplishments; yet different Vermont governors and sponsored subsidized farm shares for low-income he also attributes his success in these bills dealing with civil rights, marriage Vermonters. As the National Organic Pro- important issue areas to teamwork. equality, human trafficking, adoption, and gram was developed, Enid worked to imple- In addition to chairing the judiciary other issues. He views his work with reform- ment a national certification program that committee, Senator Sears also serves ing state corrections and criminal justice kept the needs of Vermont’s family farms at laws—especially with juvenile justice—as a on the appropriations committee, the the forefront. Over the past three decades, ‘‘major accomplishment’’ and also sees his she has nurtured and guided more than 70 joint fiscal committee, is vice chair of involvement with the 2010 ‘‘complete re- the joint legislative child protection staff and 20 interns, secured consistent grant write’’ of sex offender laws as a success. and donor funding, and led NOFA–VT to be- oversight committee, is vice chair of However, Sears doesn’t want to take all come a national leader in organic advocacy, the joint legislative justice committee, the credit for the bills that have passed food access, and farm to school education. and is a member of the legislative com- under his watch. She has made an indelible mark on both the mittee on judicial rules and the legisla- ‘‘Like anything else, you never do it local, and national, organic movement. Enid tive council committee. alone,’’ he said. grew up in Weybridge, and has lived on a Rep. Timothy R. Corcoran II of Bennington small farmstead in Huntington with her hus- Clearly, Senator Sears is a legislator also believes Sears’ recognition is well-de- who deserves recognition, yet doesn’t band, Harry, and children, Lila and Eli, for served. the past thirty years. seek recognition. In honor of Senator ‘‘Dick has always lived by his convictions Sears’ outstanding accomplishments, I and never backed down when he faced opposi- f ask that the article by Christie tion to issues that weren’t universally ac- NOMINATION OF LYNN JOHNSON Wisniewski from the July 31 edition of cepted,’’ Corcoran said. ‘‘Bennington County has been extremely lucky to have him rep- Mr. WYDEN. Mr. President, these are the Bennington Banner, ‘‘Sears ranked incredibly harmful and traumatic 6th in productivity for U.S. state sen- resent us up in Montpelier.’’ Corcoran commended Sears’ willingness to times for immigrants and refugees in ators,’’ be printed into the RECORD. fight for Bennington County, ‘‘whether it’s America. Perhaps there is not greater There being no objection, the mate- been PFOA, helping to secure Amtrak bus example of the damaging immigration rial was ordered to be printed in the service funding, fighting for the Vermont policies of this administration than the RECORD, as follows: Veterans Home, or just securing funds for so called zero-tolerance policy that led BENNINGTON BANNER, JULY 31, 2018 Bennington County in general.’’ ‘‘Dick has always stepped up to the plate to the cruel and needless separation of SEARS RANKED 6TH IN PRODUCTIVITY FOR U.S. and delivered,’’ Corcoran added. ‘‘Congratu- thousands of children from their par- STATE SENATORS lations Dick; job well done.’’ ents. This story by Christie Wisniewski was pub- f Separating a child from his or her lished by the Bennington Banner on July 31. parents has lasting, harmful, and trau- BENNINGTON.—State Sen. Dick Sears of TRIBUTE TO ENID WONNACOTT matizing impacts. These separations Bennington is the sixth most productive state senator in the United States, according Mr. LEAHY. Mr. President, on behalf have been shown to increase anxiety to an analysis released Monday by a Wash- of all Vermonters, I would like to and depression among children that ington, D.C.-based software startup. Each honor Enid Wonnacott of Huntington, have already experienced significant year, FiscalNote creates a list of the top 10 VT, who this month will be inducted trauma in their home countries and state senators using ‘‘unique data analytics into the Vermont Agricultural Hall of along their journey to the United software,’’ the company said in a press re- Fame in recognition of her more than States. Best practices in child welfare lease. The list ranks all senators and rep- 30 years of agricultural leadership in promote keeping children and their resentatives in accordance with their legisla- Vermont and the Nation. Enid became parents safely together, unless removal tive productivity, which is defined as how successful the legislator is at sponsoring and the executive director of the Northeast is in the child’s best interest. steering bills through each stage of the legis- Organic Farming Association of While the Department of Justice lative process. Vermont, NOFA–VT, in 1987, the same ended the family separation policy This research also ranks the quality, en- year that I became chairman of the after an incredible outcry from the durance and substantiveness of the bills each U.S. Senate Committee on Agriculture, public and experts in children’s health legislator sponsored and introduced. For ex- Nutrition, and Forestry. Enid has been and well-being, the damage is far from ample, legislators score higher if they spon- a national leader in advancing the im- over. The administration is now under- sor a higher number of bills and if their bills portance of organic agriculture. She going a court-supervised process to re- make it further in the legislative process. A bill that is enacted is weighted more than a provided important technical and advo- unify separated children and families. bill that does not make it past the Senate cacy support as I worked on the Na- Significant and self-inflicted obstacles floor. Finally, legislators score higher if tional Organic Standards Act as part of remain in this reunification process, their bills are substantive a bill that at- the 1990 farm bill—which has in turn and I and my Senate colleagues will

VerDate Sep 11 2014 04:26 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.066 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5828 CONGRESSIONAL RECORD — SENATE August 22, 2018 continue to doggedly press the Depart- of the oversight, staffing, training, made a difference to people throughout ments of Justice, Homeland Security, medication, and licensing policies for Maine. and Health and Human Services until ORR-funded facilities and issue a re- Mr. KING. Mr. President, today we every child is safely in the custody of a port to Congress describing the over- remember the life of Christopher parent, relative, or other guardian and sight of these facilities and the actions ‘‘Chris’’ Cousins, who passed away sud- to ensure nothing like this happens ACF will take to address oversight and denly last week at the age of 42. Chris again. program shortcomings. The review was a political reporter for the Bangor Hundreds of children still remain in must include the extent and adequacy Daily News and recently named by the government custody, scared and unsure of policies related to post-release serv- Maine Center for Public Interest Re- if they will ever see their parents ices; legal services; and health, includ- porting as one of the most respected again. Children who were separated ing reproductive health, to ensure that journalists in Maine. Chris was well- from their parents or arrive on their they are consistent with constitutional liked by all who met him, and he leaves own are placed in the custody of the protections. In the event the full re- behind his wife, Jen; two sons, Caleb Office of Refugee Resettlement, which view cannot be completed within 90 and Lucas; his mother; sister Jen Cous- falls under the Administration for Chil- days, ACF will provide the summary of ins; and many other family members dren and Families, ACF, within the De- their work at that point, with a and friends. He will be greatly missed partment of Health and Human Serv- timeline and guarantee that the full re- by his colleagues, his readers, his ices. The President has nominated port will be soon available. friends, and all who knew him and his Lynn Johnson of Colorado to fill the I am grateful for these commitments work. role of head of ACF. If confirmed by and will hold Ms. Johnson to them if Chris was a consummate professional the Senate, Ms. Johnson has one of the she is ultimately confirmed by the full who embodied the best ideals of jour- most important jobs in public service, Senate. nalism. He was devoted to the truth, tenaciously pursued the stories most and that is ensuring the safety and f well-being of these vulnerable children important to the people of Maine, and and working toward their reunifica- REMEMBERING CHRISTOPHER had a passion for the communities he tion. COUSINS served. Chris’s death leaves a hole in I voted against Ms. Johnson’s nomi- Ms. COLLINS. Mr. President, in 2010, Maine journalism that will not be eas- nation when it came before the Senate Bangor Daily News journalist Chris- ily filled. Finance Committee due to the sheer topher Cousins wrote a touching essay Chris began his journalism career at volume of unanswered questions and on a fishing trip he had taken with his the Advertiser Democrat in Norway, false or misleading answers from this young son to the Maine lake where he ME, then joined the Times Record in administration regarding its family and his father had fished throughout the early 2000s as a reporter and city separation policies. Tonight, I had the his childhood. It was his first trip back editor. He left the Times Record to join opportunity to discuss my concerns since his father’s death 3 years earlier. the State House News Service before with Ms. Johnson and secure her com- That remarkable essay exploring the moving to the Bangor Daily News in mitment to changing the way things special bond between father and child 2009, where he began covering southern are done in the Administration for and the powerful link between fond Penobscot and Somerset Counties. Children and Families. memories of the past and hopes for the Chris quickly moved on to politics, Ms. Johnson committed to enacting future took on added poignancy on Au- covering the 2010 Maine Governor race, and enforcing policies that prevent Of- gust 15 when Chris passed away at age and by 2013, he was appointed State fice of Refugee Resettlement grantees 42. At this difficult time, I offer my house bureau chief. Those who worked with Chris remem- and facilities from engaging in activi- deepest condolences to his wife, Jen, ber him for his storytelling abilities, ties that are not consistent with best and his sons, Caleb and Jacob. his laugh, and exceptional abilities as a practices for children including prohib- As a husband and father, Chris was journalist. Chris had a huge heart and iting solitary confinement for punitive devoted to his family. As a consum- also fought for the truth from govern- purposes or behavioral modification; mate journalist who worked for several ment leaders at the State house, hold- prohibiting the distribution of psycho- Maine newspapers, he was devoted to ing them accountable without being tropic medications or sedatives absent the best ideals of his profession. His caustic. Maine is a better place because the informed, written consent of a par- work covered a wide range of subjects, of Chris and his relentless pursuit of ent or guardian, except in the case of but it consistently demonstrated a the truth on behalf of Maine people. well-documented emergencies; prohib- commitment to the truth and to pro- For me, Chris’s political coverage iting arbitrary restraint policies; providing his readers with the information shined when he covered people. Chris hibiting any security measures that that is the lifeblood of democracy. was an incredible storyteller, and he are not necessary for the protection of Chris joined the Bangor Daily News was such a great journalist because he minors or others, such as denying them in 2009, covering local news in southern got to know the people involved. No as- access to drinking water or preventing Penobscot and Somerset Counties with signment was ever too much for him, them from making private phone calls; a keen understanding of the issues that and his standard response was, ‘‘I am and guaranteeing the maintenance of concern the people of Maine. In 2010, he not afraid.’’ That fearlessness resulted confidentiality of information discovered the Maine Gubernatorial race in clear stories that his editors loved, closed by children to therapists and with extraordinary energy and insight. heartfelt narratives that his readers counselors in the context of a thera- In 2013, Chris became State house bu- could relate to, and more passionate peutic/treatment relationship. reau chief for his newspaper. Always articles from his coworkers. In addition, Ms. Johnson committed tenacious and unfailingly fair, he Chris exemplified what so many as- to ensuring ORR and its supported earned the respect of politicians on pire to be: respected by their peers, a grantees and facilities allow any sepa- both sides of the aisle and throughout loving husband and father, and a great rated child to call a parent or legal the halls of government. His work friend. We have much to be thankful guardian as frequently as the child ethic, skill as a writer, and belief in ac- for in Maine because of Chris’s dedica- wishes—if there are documented safety countability led to a better under- tion and service to the State and our concerns, calls may be monitored by standing of the complex and often con- Nation, and he will be deeply missed by staff with the child, but otherwise, tentious issues that confront our so many. children must be able to contact a par- State. f ent or legal guardian as they wish. If Chris’s passing is a great loss to the the parent/legal guardian is in the cus- people of Maine, his many friends, and TRIBUTE TO STEVEN HILDRETH tody of the Department of Homeland his colleagues at the Bangor Daily Mr. VAN HOLLEN. Mr. President, I Security, the two agencies must estab- News. It is a heartbreaking loss to his wish to speak in order to honor the lish a process to accept children’s calls wonderful family, and I hope they will achievements of Steven A. Hildreth, and connect them to their parents; and find comfort in knowing that his con- Specialist in Missile Defense, Congres- conducting a full review within 90 days tributions and accomplishments truly sional Research Service, CRS, on the

VerDate Sep 11 2014 02:59 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.074 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5829 occasion of his retirement from the Capt. Miguel ‘‘Mike’’ E. Cosio has Donald began his policy career on Cap- Service on August 31, 2018. distinguished himself through his pro- itol Hill, working in the House and Steve Hildreth served Congress with fessional character and dedication by Senate on healthcare and public distinction for more than 32 years at serving this Nation in uniform. A lead- health-related legislation. He served as the Library of Congress as a Specialist er and expert communicator, he has a senior adviser to the legendary John in U.S. and Foreign National Security provided distinguished service to our Dingell, writing laws that continue to Programs for the Congressional Re- country while assigned to the National have a major impact on public health search Service. He earned a bachelor’s Capitol Region. and healthcare today. degree from Brigham Young University As an Air legislative liaison in the During his tenure at CDC, Donald in Provo, UT, a master’s degree in National Guard Bureau Office of Legis- was awarded two prestigious Presi- international relations from George- lative Liaison from May 2016 to August dential Rank Awards for his leadership. town University in Washington, DC, 2018, Captain Cosio performed his du- A steady hand during a public health graduate work at Johns Hopkins Uni- ties well and without reservation. His emergency, Donald helped advise four versity School of Advanced Inter- strategic thinking and foresight con- CDC Directors, three Acting Directors, national Studies in Washington, DC, tributed to the completion of numerous and countless administration officials and a master’s degree in national secu- high-level tasks and engagements be- over three administrations through rity strategy from the National War tween Congress and the National complex policy discussions during College in Washington, DC. Guard. During this assignment, Cap- some of the biggest public health chal- Steve is recognized throughout Con- tain Cosio conducted more than 50 con- lenges of the 21st century, including 9/ gress, the military services, the defense gressional engagements to provide 11, the anthrax attacks of 2001, SARS, community, and the arms control com- Members insight into the worsening Hurricane Katrina, the H1N1 flu pan- munity as an expert in U.S. nuclear trend of substance misuse and the crit- demic, and the Ebola epidemic. weapons and ballistic missile defense, ical role of the National Guard’s Among his many contributions to the arms control, military space, and non- counterdrug program in effectively agency, the one most appreciated by proliferation issues. He wrote exten- combating this epidemic. He also ac- many of his colleagues has been his sively on missile defense programs, tively engaged Members of Congress re- thoughtful mentorship to the next gen- from the Strategic Defense Initiative garding the growth of the State Part- eration of CDC leaders. Always a voice in the 1980s through the current guid- nership Program, a vital driver in of wisdom, Donald is a reliable source ed-missile defense and Aegis programs. strengthening our alliances overseas. of thoughtful strategic advice and He also assisted the House Armed Serv- In addition to those meetings, he orga- novel approaches to public health pol- ices Committee, after the first gulf nized dozens of direct engagements be- icy. He challenged the agency to think war, with assessments of the effective- tween Air National Guard senior lead- about how policies in all areas of gov- ness of the Patriot system in taking ers and Members of Congress, which ernment can affect public health, and down Iraqi scud missiles. In that capac- were essential in conveying important he made the agency stronger by work- ity, he assisted Congress in 8 hours of information on behalf of the Depart- ing to leverage those areas across gov- testimony, leading a group of CRS re- ment of Defense and building trust and ernment to improve public health. searchers in providing open source understanding. Today, I want to recognize Donald analysis of the international aftermath After serving in this vital role for the for his career at the CDC, his dedica- of the September 11, 2001, terror at- past 2 years, Captain Cosio will move tion to public service, and a lifetime of tacks before the 9/11 Commission. Half- to his next assignment: deploying in work that has truly made a difference way through, the staff director for the support of our Nation’s defense as a to the health of our Nation and around Commission told Steve, ‘‘I never be- true citizen-airman. Mike, his wife, the world. On behalf of the U.S. Con- lieved in open source analysis until Traci, and their two children have sac- gress, his fellow Marylanders, and a today.’’ rificed much as a family in service to grateful nation, I want to thank Don- Steve also exercised true leadership our Nation. I am thankful for Mike’s ald for the important work he has done at CRS. For 9 years, he led the Central service and his work with my office and wish him the very best in his next Research Unit in the Foreign Affairs, over the past 2 years on issues impor- phase of life. Defense, and Trade Division of CRS, tant to the State of New Hampshire f where he created and managed an ex- and the country. I salute this Amer- tensive internship program and ican patriot whose selfless service has ADDITIONAL STATEMENTS oversaw many of the research experts kept our country safe and strong. Thank you. of the Service. TRIBUTE TO GRACE SHORE Steve published many influential f CRS reports on such subjects as chal- ∑ Mr. PETERS. Mr. President, today I lenges to the United States in space, TRIBUTE TO DONALD SHRIBER wish to recognize and congratulate Iran’s ballistic missile and space Mr. VAN HOLLEN. Mr. President, Grace Shore, CEO of the Macomb Coun- launch programs, long-range ballistic today I wish to recognize and thank ty Chamber of Commerce. Grace is missile defense in Europe, ballistic Donald Shriber for his more than 30 being honored for her lifetime achieve- missile defense in the Asia-Pacific re- years of public service. In addition to ments and her 40 years of service to the gion, ballistic missile defense, and of- being an outstanding public servant Macomb Chamber and to Macomb fensive arms reductions, cyber warfare, who has dedicated his career to govern- County, upon her induction into the and the Strategic Defense Initiative. ment service, Donald is also a proud Macomb Hall of Fame. During her ten- Long before I thought of running for Marylander. At the end of the month, ure with the chamber, Grace has been a office, I worked on national security Donald will retire from the Federal champion for businesses throughout issues for the Senate Foreign Relations Government after a distinguished ca- Macomb County and an advocate for Committee. In that capacity, I always reer at the Centers for Disease Control improving the community where she found Steve’s expertise valuable. As a and Prevention and in the U.S. House has spent most of her life. Senator, I have continued to utilize of Representatives and the Senate. Grace has been with the Macomb Steve’s analysis and insights. I am Donald began his career with the Chamber for 40 years and was named grateful for his service and wish him CDC as the head of the agency’s Wash- its CEO in 1991. Since then, Macomb the best as he begins a new journey. ington, DC, office and went on to lead has grown economically and cemented f policy and communications for CDC’s itself as a key economic player in the important work in global health. Don- region. During her tenure, Grace has TRIBUTE TO CAPTAIN MIGUEL ald leaves a legacy of deep engagement implemented many programs to help COSIO in public health policy and a cadre of bolster Macomb’s economy. A recent Mrs. SHAHEEN. Mr. President, today colleagues mentored to think cre- program was ‘‘Shop Local Macomb’’ I wish to honor a great American and atively to solve complex public health during the 2017 holiday season, a cam- steadfast Air National guardsman. challenges. Before starting at the CDC, paign that encouraged residents to

VerDate Sep 11 2014 04:49 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.068 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5830 CONGRESSIONAL RECORD — SENATE August 22, 2018 visit stores in their local community in REPORTS OF COMMITTEES 2. Children and Spouses: Tim & Sheri Tapia—none. Londa & Will Perkins—none. order to ensure that their holiday The following reports of committees shopping made an impact close to 3. Parents: Jessie Joseph Tapia—deceased; were submitted: Constance Geraldine Snapp—deceased. home. By Mr. GRASSLEY, from the Committee 4. Grandparents: Thorthon Snapp—de- In her role as CEO, Grace has brought on the Judiciary: ceased; Myrtle Snapp—deceased; Jospeh innovative thinking, new programs, Report to accompany S. 994, A bill to Tapia—deceased; Maria Medina Tapia—de- and the ability to create partnerships amend title 18, United States Code, to pro- ceased. with local governments and stake- vide for the protection of community centers 5. Brothers and Spouses: N/A. holders, turning the Macomb Chamber with religious affiliation, and for other pur- 6. Sisters and Spouses: Jessie Jane Cordell, into a catalyst for economic develop- poses (Rept. No. 115–325). none. ment, and allowing it to provide mem- f *Michael A. Hammer, of Maryland, a Ca- ber organizations with a number of EXECUTIVE REPORTS OF reer Member of the Senior Foreign Service, economic development initiatives, net- Class of Minister-Counselor, to be Ambas- working opportunities, and profes- COMMITTEE sador Extraordinary and Plenipotentiary of sional development seminars. All of The following executive reports of the United States of America to the Demo- these achievements have earned the nominations were submitted: cratic Republic of the Congo. Macomb Chamber the respect of its Nominee: Michael A. Hammer. By Mr. CORKER for the Committee on Post: Democratic Republic of Congo. peers, not just in the region, but Foreign Relations. (The following is a list of all members of around Michigan. Grace’s hard work *Donald R. Tapia, of Arizona, to be Ambas- my immediate family and their spouses. I and efforts have culminated in the sador Extraordinary and Plenipotentiary of have asked each of these persons to inform Macomb Chamber being recognized the United States of America to Jamaica. me of the pertinent contributions made by twice with the Outstanding Chamber of Nominee: Donald Ray Tapia. them. To the best of my knowledge, the in- Post: Ambassador to Jamaica. formation contained in this report is com- the Year Award from the Michigan As- (The following is a list of all members of sociation of Chamber Professionals. plete and accurate.) my immediate family and their spouses. I Contributions, amount, date, and donee: Grace has also been previously named have asked each of these persons to inform 1. Self: none. the Michigan Chamber Professional of me of the pertinent contributions made by 2. Spouse: none. the Year by the Michigan Association them. To the best of my knowledge, the in- Children and Spouses: Monika Hammer, of Chamber Professionals. formation contained in this report is com- Mikael Hammer, Brynia Hammer: none. The Macomb Chamber has two plete and accurate.) 4. Parents: Magdalena Altares: Michael branch organizations that work side- Contributions, amount, date, and donee: Peter Hammer, deceased. Capito For West Virginia, 5,200, 3/25/2013; 5. Grandparents: Alberto and Magdalena by-side with it: the Macomb Founda- Flake PAC, 5,000, 4/02/2013; Andrew Walter Altares, deceased; Edward Hammer, de- tion and Macomb Advocacy for Busi- For Congress, 2,600, 8/26/2013; Andrew Tobin ceased; Lilly Steinlauf, deceased. ness. The Macomb Foundation hosts For Congress, 2,600, 10/28/2013; National Rep 6. Brothers and Spouses: N/A. events such as the annual Macomb Hall Sentonal Com, 15,000, 10/31/13; National Rep 7. Sisters and Spouses: N/A. of Fame and the Athena Award with Sentorial Com, 6,413, 11/07/13; NRSC, 15,000, the aim of expanding the role Macomb 11/02/2013; Jeff Flake For Senate, 5,200, 11/19/ *Dereck J. Hogan, of Virginia, a Career County plays in Michigan’s economy 2013; RNC, 70,000, 2014; Tom Cotton For Sen- Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraor- and to support the many community ate, 5,200, 3/19/2014; Flake PAC, 5,000 3/31/2014; Corey Gardner For Senate, 5,200, 6/06/2014; dinary and Plenipotentiary of the United and nonprofit groups throughout Andy Tobin For Congress, 2,700, 4/20/2015; States of America to the Republic of Macomb County. Macomb Advocacy’s Marco Rubio for President, 2,700, 4/21/2015; Moldova. mission is to educate member organi- Portman For Senate, 2,700, 4/24/2015; Salmon Nominee: Dereck J. Hogan. zations and the public on policy and For Congress, 2,700, 6/10/2015; Carly For Presi- Post: Moldova. political issues, as well as candidates, dent, 2,700, 8/26/2015; Joe Heck For Senate, (The following is a list of all members of to make Macomb a better place for 2,700, 9/18/2015; Marco Rubio For President, my immediate family and their spouses. I 2,700, 11/03/2015; Chris Christie For President, have asked each of these persons to inform businesses and residents alike. me of the pertinent contributions made by In the 40 years that Grace has been 2,700, 11/25/2015; Marco Rubio For President, 2,700, 12/10/2015; Conservative Solutions PAC, them. To the best of my knowledge, the in- with the Chamber of Commerce, 50,000, 2/22/2016; Biggs For Congress, 2,500, 3/ formation contained in this report is com- Macomb has diversified from its manu- 31/2016; Friends of John McCain, 5,400, 5/03/ plete and accurate.) facturing heritage and grown into a 2016; Trump Victory, 25,000, 6/14/2016; Trump Contributions, amount, date, and donee: high-tech corridor. While it still stays Victory, 25,000, 6/28/2016; Volunteers For 1. Self: $0. Nehlen, 1,000, 7/10/2016; Trump Victory, 25,000, 2. Spouse: $0. true to its industrial roots, it now has 3. Children and Spouses: Hannah Hogan 8/03/2016; Ken Bennett For Congress, 2,500, 8/ many defense and technology compa- (daughter): $0. 12/2016; Kiehne For Congress, 2,500, 8/18/2016; nies within its borders and continues 4. Parents: Father, Eric Hogan: $0; Mother, Marco Rubio For Senate, 2,700, 9/24/2016; to present more opportunities every Michaele Hogan (deceased). Marco Rubio For Senate, 2,700, 9/24/2016; Paul 5. Grandparents: Vernon Jackson: $0; other day. I would like to congratulate Grace Babeu For Congress, 5,000, 9/24/2016; Winning grandparents, deceased. on reaching the momentous milestone Women s Committee, 10,000, 9/29/2016; Trump of 40 years with the Macomb Chamber 6. Brothers and Spouses: Kyle Hogan: $25, Victory, 25,000, 6/28/2016; Trump Victory, 2008, Barack Obama. of Commerce and on being inducted 5,000, 11/01/2016; Trump Make America Great, 7. Sisters and Spouses: Tahra Tibbs: $0. into the Macomb Hall of Fame. I ask 752, 11/26/2016; Comstock For Congress, 966, 12/ my colleagues to join me today in hon- 08/2016; Josh Mandel For Senate, 5,400, 2/08/ *Philip S. Kosnett, of Virginia, a Career oring Ms. Grace Shore for her lifetime 2017; Regan, 5,100, 3/7/17; Marsha Blackburn Member of the Senior Foreign Service, Class of contributions to Macomb County Victory Fund, 5,400, 3/30/2017; Roger Wicker of Counselor, to be Ambassador Extraor- For Senate, 5,400, 4/05/2017; Paul Ryan, 5,400, dinary and Plenipotentiary of the United and the economic development of the 4/25/17; Team Ryan, 12,500, 4/25/17; NRCC, surrounding region.∑ States of America to the Republic of Kosovo. 7,100, 4/25/17; RGA, 25,000, 5/5/17; AZ Repub- Nominee: Philip Scott Kosnett. lican Party, 25,000, 5/12/17; George P. Bush, f Post: KOSOVO. 5,000, 6/29/17; Steve Smith For Congress, 5,400, (The following is a list of all members of MESSAGE FROM THE HOUSE 6/26/2017; RGA, 25,000, 9/25/17; Trump Victory, my immediate family and their spouses. I 94,600, 10/3/2017; Donald Trump For President, have asked each of these persons to inform ENROLLED BILL SIGNED 5,400, 10/06/2017; RNC, 94,600, 10/06/2017; Jeff me of the pertinent contributions made by The President pro tempore (Mr. Flake, 2,600, 11/7/17; Steve Ferrara, 5,000, 11/8/ them. To the best of my knowledge, the in- HATCH) reported that on today, August 17; RGA, 25,000, 12/6/17; Martha McSally, 5,400, formation contained in this report is com- 22, 2018, he has signed the following en- 1/19/18; Moses Sanchez, 3,175, 2/7/18; Matt plete and accurate.) rolled bill, which was previously signed Rosendale, 2,700, 2/14/18;Andy Biggs, 2,700, 2/ Contributions, amount, date, and donee: 22/18; NRSC, 5,000, 2/28/18; Schweikert, 5,000, 3/ 1. Self: $100.00, 2/2016, ACTBLUE. by the Speaker pro tempore (Mrs. COM- 29/18; Schweikert Victory, 5,000, 3/29/18; Rick 2. Spouse: Jan Alison Kosnett $38.50, 2/2016, STOCK): Scott, 5,400, 4/5/18; RAGA, 1,569.77, 4/11/18; ACTBLUE. S. 717. An act to promote pro bono legal Debbie Lesko, 2,700, 4/13/18; NRSC, 24,700, 5/13/ 3. Children and Spouses: Alexander Kosnett services as a critical way in which to em- 18; Justin Olson, 2,000, 5/25/18. (son): $5.00, 11/2016, ACTBLUE. Nicole power survivors of domestic violence. 1. Spouse: N/A. Kosnett (daughter) none.

VerDate Sep 11 2014 04:49 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.072 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5831 4. Parents: Barbara Kosnett (mother); 2. Spouse: Edwin J. Reinke: $50, 5/5/2015, dle-income housing, and for other purposes; none; Lawrence Kosnett (father). none (de- ActBlue; $50, 2/29/2016, ActBlue. to the Committee on Finance. ceased). 3. Children and Spouses: Katherine R. By Mrs. SHAHEEN (for herself and Ms. 5. Grandparents: Louis Kosnett—none (de- Reinke: none. COLLINS): ceased); Mary Kosnett—none (deceased); 4. Parents: Harry N. Rising, Jr., deceased; S. 3366. A bill to amend title XVIII of the Dorothy Hain—none (deceased); Russell Jeanne K. Rising, deceased. Social Security Act to improve access to dia- Hain—none (deceased). 5. Grandparents: Katherine Schneider, de- betes outpatient self-management training 6. Brother and Spouse: Jeffrey Kosnett ceased; John W. Schneider, deceased; Mar- services, and for other purposes; to the Com- (brother), none; Deborah Kosnett (sister-in- garet M. Reinke, deceased; Edwin J. Reinke, mittee on Finance. law), none. II, deceased. By Mr. THUNE: 6. Brothers and Spouses: Harry N. Rising 7. Sisters and Spouses: n/a. S. 3367. A bill to amend certain transpor- III, none; Rebecca Rising, none. 7. Sisters and Spouses: N/A. tation-related reporting requirements to im- *John Cotton Richmond, of Virginia, to be prove congressional oversight, reduce report- Director of the Office to Monitor and Combat *David Hale, of New Jersey, a Career Mem- ing burdens, and promote transparency, and Trafficking, with the rank of Ambassador at ber of the Senior Foreign Service, Class of for other purposes; to the Committee on Large. Career Minister, to be an Under Secretary of Commerce, Science, and Transportation. Nominee: John Cotton Richmond. State (Political Affairs). By Mr. COONS (for himself, Mr. RUBIO, Post: U.S. Ambassador-at-Large for Traf- Mr. CORKER. Mr. President, for the Mr. MERKLEY, Mr. YOUNG, and Mr. ficking in Persons. GRAHAM): Nominated: July 9, 2018. Committee on Foreign Relations I re- S. 3368. A bill to reduce global fragility and (The followings a list of all members of my port favorably the following nomina- violence by improving the capacity of the immediate family and their spouses I have tion list which was printed in the United States to reduce and address the asked each of these persons to inform me of RECORD on the date indicated, and ask causes of violence, instability, and fragility, the pertinent contributions made by them. unanimous consent, to save the ex- and for other purposes; to the Committee on To the best of my knowledge the information pense of reprinting on the Executive Foreign Relations. contained in this report is complete and ac- Calendar that this nomination lie at curate.) f the Secretary’s desk for the informa- Contributions, amount, date, and donee: SUBMISSION OF CONCURRENT AND tion of Senators. 1. Self: None. SENATE RESOLUTIONS 2. Spouse: Linda Marie Richmond, None. The PRESIDING OFFICER. Without 3. Children and Spouses: Grace-Lauren objection, it is so ordered. The following concurrent resolutions Richmond, none; James Cotton Richmond, Foreign Service nominations beginning and Senate resolutions were read, and none; Alden Mount Richmond, none. with Ami J. Abou-Bakr and ending with referred (or acted upon), as indicated: 4. Parents: George Mount Richmond II & Emily Yu, which nominations were received By Mrs. FEINSTEIN: Kate Emily Richmond, $120.00, 2016, Clinton by the Senate and appeared in the Congres- S. Res. 612. A resolution designating Sep- & Kaine Campaign. sional Record on July 31, 2018. tember 2018 as ‘‘National Child Awareness 5. Grandparents: George Mount Rich- *Nomination was reported with rec- Month’’ to promote awareness of charities mond—deceased; Elizabeth Richmond—de- ommendation that it be confirmed sub- that benefit children and youth-serving orga- ceased; Ronald Cotton—deceased; Edith Cot- nizations throughout the United States and ton—deceased. ject to the nominee’s commitment to recognizing the efforts made by those char- 6. Brothers and Spouses: Matthew Mount respond to requests to appear and tes- ities and organizations on behalf of children Richmond, none; Randy Scott Hyde, $50.00, tify before any duly constituted com- and youth as critical contributions to the fu- 2016, Clinton & Kaine Campaign. mittee of the Senate. ture of the United States; to the Committee 7. Sisters and Spouses. (Nominations without an asterisk on the Judiciary. were reported with the recommenda- By Mr. MERKLEY (for himself, Ms. *Stephanie Sanders Sullivan, of Maryland, tion that they be confirmed.) WARREN, Mr. DURBIN, Mrs. GILLI- a Career Member of the Senior Foreign Serv- f BRAND, Mr. WYDEN, Mr. SANDERS, and ice, Class of Minister-Counselor, to be Am- Mr. LEAHY): bassador Extraordinary and Plenipotentiary INTRODUCTION OF BILLS AND S. Res. 613. A resolution requesting a re- of the United States of America to the Re- JOINT RESOLUTIONS port on the observance of and respect for public of Ghana. human rights and fundamental freedom in Nominee: Stephanie Sanders Sullivan. The following bills and joint resolu- Saudi Arabia; to the Committee on Foreign Post: Chief of Mission Republic of Ghana. tions were introduced, read the first (The following is a list of all members of and second times by unanimous con- Relations. my immediate family and their spouses. I sent, and referred as indicated: By Ms. SMITH (for herself and Ms. have asked each of these persons to inform KLOBUCHAR): By Mr. BROWN (for himself and Mr. S. Res. 614. A resolution honoring the life me of the pertinent contributions made by VAN HOLLEN): them. To the best of my knowledge, the in- and legacy of Coya Knutson; to the Com- S. 3362. A bill to provide grants to commu- mittee on the Judiciary. formation contained in this report is com- nities affected by substance use disorder to By Mr. PETERS (for himself, Ms. STA- plete and accurate.) enable those communities to plan for and BENOW, Mr. BROWN, Mr. CARPER, Mr. Contributions, Amount, Date, and Donee: implement full-service community schools; COONS, Ms. HARRIS, Ms. HIRONO, Mr. 1. Self: N/A. to the Committee on Health, Education, MENENDEZ, Mr. VAN HOLLEN, Mr. 2. Spouse: N/A. Labor, and Pensions. WHITEHOUSE, Mrs. MURRAY, Mr. 3. Children and Spouses: Daniel Wood Sul- By Ms. HARRIS (for herself, Mrs. JONES, Mr. NELSON, Mr. SANDERS, Mr. livan, N/A; Scott Webster Sullivan, N/A. GILLIBRAND, Mr. CARDIN, Mr. WYDEN, MARKEY, Mr. GRASSLEY, Ms. WARREN, 4. Parents: N/A (deceased). Mr. BLUMENTHAL, Mr. NELSON, Mr. Ms. SMITH, Mr. BENNET, Mr. DON- 5. Grandparents: N/A (deceased). JONES, Mr. MERKLEY, Ms. NELLY, Ms. HASSAN, Ms. BALDWIN, Ms. 6. Brothers and Spouses: Philip Elliott DUCKWORTH, Mr. CARPER, Mr. BROWN, CORTEZ MASTO, Mr. DURBIN, Mr. Sanders, N/A; Thomas Hillman Sanders and Ms. BALDWIN, Ms. HIRONO, and Ms. BOOKER, Ms. HEITKAMP, Ms. KLO- Janice DiNezza Sanders, N/A. STABENOW): 7. Sisters and Spouses: N/A. S. 3363. A bill to support States in their BUCHAR, Mrs. GILLIBRAND, Mr. work to end preventable morbidity and mor- MERKLEY, Mrs. FEINSTEIN, Mr. SCOTT, *Judy Rising Reinke, of Virginia, a Career tality in maternity care by using evidence- Mr. KAINE, Mr. MANCHIN, Mr. ALEX- Member of the Senior Foreign Service, Class based quality improvement to protect the ANDER, Mr. REED, and Mr. CORKER): of Career Minister, to be Ambassador Ex- health of mothers during pregnancy, child- S. Res. 615. A resolution honoring the life traordinary and Plenipotentiary of the birth, and in the postpartum period and to and legacy of Aretha Franklin and the con- United States of America to Montenegro. reduce neonatal and infant mortality, to tributions of Aretha Franklin to music, civil Nominee: Judy Rising Reinke. eliminate racial disparities in maternal rights, and the City of Detroit; considered Post: Podgorica, Montenegro. health outcomes, and for other purposes; to and agreed to. (The following is a list of all members of the Committee on Finance. f my immediate family and their spouses. I By Mr. WYDEN: have asked each of these persons to inform S. 3364. A bill to amend the Internal Rev- ADDITIONAL COSPONSORS me of the pertinent contributions made by enue Code of 1986 to create a refundable first- S. 266 them. To the best of my knowledge, the in- time homebuyer tax credit; to the Com- At the request of Mr. HATCH, the formation contained in this report is committee on Finance. plete and accurate.) By Mr. WYDEN: name of the Senator from Maine (Mr. Contributions, amount, date, and donee: S. 3365. A bill to amend the Internal Rev- KING) was added as a cosponsor of S. 1. Self: none. enue Code of 1986 to provide a credit for mid- 266, a bill to award the Congressional

VerDate Sep 11 2014 02:59 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.025 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5832 CONGRESSIONAL RECORD — SENATE August 22, 2018 Gold Medal to Anwar Sadat in recogni- S. 2221 Senator from New Hampshire (Mrs. tion of his heroic achievements and At the request of Mr. JOHNSON, the SHAHEEN) were added as cosponsors of courageous contributions to peace in name of the Senator from Utah (Mr. S. 3359, a bill to posthumously award a the Middle East. LEE) was added as a cosponsor of S. Congressional Gold Medal to Aretha At the request of Mr. CARDIN, the 2221, a bill to repeal the multi-State Franklin in recognition of her con- name of the Senator from New Hamp- plan program. tributions of outstanding artistic and shire (Ms. HASSAN) was added as a co- S. 2823 historical significance to culture in the sponsor of S. 266, supra. At the request of Mr. HATCH, the United States. S. 974 names of the Senator from Maine (Ms. S. RES. 481 At the request of Mr. LEAHY, the COLLINS), the Senator from New Hamp- At the request of Mr. HATCH, the names of the Senator from Nebraska shire (Mrs. SHAHEEN) and the Senator name of the Senator from New Mexico (Mrs. FISCHER) and the Senator from from Arkansas (Mr. BOOZMAN) were (Mr. UDALL) was added as a cosponsor New Jersey (Mr. BOOKER) were added as added as cosponsors of S. 2823, a bill to of S. Res. 481, a resolution calling upon cosponsors of S. 974, a bill to promote modernize copyright law, and for other the leadership of the Government of competition in the market for drugs purposes. the Democratic People’s Republic of and biological products by facilitating S. 2990 Korea to dismantle its labor camp sys- the timely entry of lower-cost generic At the request of Mr. BLUMENTHAL, tem, and for other purposes. and biosimilar versions of those drugs the name of the Senator from Michigan S. RES. 525 and biological products. (Mr. PETERS) was added as a cosponsor At the request of Mr. GRASSLEY, the S. 1050 of S. 2990, a bill to amend the Lacey names of the Senator from Wisconsin At the request of Ms. DUCKWORTH, Act Amendments of 1981 to clarify pro- (Ms. BALDWIN) and the Senator from the name of the Senator from Idaho visions enacted by the Captive Wildlife New Mexico (Mr. UDALL) were added as (Mr. CRAPO) was added as a cosponsor Safety Act to further the conservation cosponsors of S. Res. 525, a resolution of S. 1050, a bill to award a Congres- of prohibited wildlife species. designating September 2018 as National sional Gold Medal, collectively, to the S. 3029 Democracy Month as a time to reflect on the contributions of the system of Chinese-American Veterans of World At the request of Mr. BENNET, the War II, in recognition of their dedi- name of the Senator from Michigan government of the United States to a more free and stable world. cated service during World War II. (Ms. STABENOW) was added as a cospon- S. RES. 577 S. 1109 sor of S. 3029, a bill to revise and ex- At the request of Mr. TOOMEY, the At the request of Mr. MERKLEY, the tend the Prematurity Research Expan- name of the Senator from Texas (Mr. name of the Senator from Michigan sion and Education for Mothers who CRUZ) was added as a cosponsor of S. (Ms. STABENOW) was added as a cospon- deliver Infants Early Act (PREEMIE Res. 577, a resolution strongly recom- sor of S. 1109, a bill to amend title VIII Act). mending that the United States re- of the Public Health Service Act to ex- S. 3140 negotiate the return of the Iraqi Jew- tend advanced education nursing At the request of Mr. INHOFE, the ish Archive to Iraq. grants to support clinical nurse spe- name of the Senator from West Vir- AMENDMENT NO. 3691 cialist programs, and for other pur- ginia (Mrs. CAPITO) was added as a co- At the request of Ms. BALDWIN, the poses. sponsor of S. 3140, a bill to amend the name of the Senator from Alabama S. 1437 Packers and Stockyards Act, 1921, to (Mr. JONES) was added as a cosponsor provide for the establishment of a trust At the request of Mrs. GILLIBRAND, of amendment No. 3691 intended to be for the benefit of all unpaid cash sell- the name of the Senator from Illinois proposed to H.R. 6157, a bill making ap- ers of livestock, and for other purposes. (Mr. DURBIN) was added as a cosponsor propriations for the Department of De- of S. 1437, a bill to modernize voter reg- S. 3201 fense for the fiscal year ending Sep- istration, promote access to voting for At the request of Mr. SCHATZ, the tember 30, 2019, and for other purposes. individuals with disabilities, protect name of the Senator from Michigan AMENDMENT NO. 3702 the ability of individuals to exercise (Ms. STABENOW) was added as a cospon- At the request of Mr. MORAN, the the right to vote in elections for Fed- sor of S. 3201, a bill to amend title 10, name of the Senator from Georgia (Mr. eral office, and for other purposes. United States Code, to extend certain PERDUE) was added as a cosponsor of S. 1553 morale, welfare, and recreation privi- amendment No. 3702 intended to be pro- At the request of Mr. JOHNSON, the leges to certain veterans and their posed to H.R. 6157, a bill making appro- name of the Senator from Arkansas caregivers, and for other purposes. priations for the Department of De- (Mr. COTTON) was added as a cosponsor S. 3257 fense for the fiscal year ending Sep- of S. 1553, a bill to amend the Con- At the request of Mr. CRUZ, the name tember 30, 2019, and for other purposes. trolled Substances Act to list fentanyl of the Senator from Kansas (Mr. AMENDMENT NO. 3704 analogues as schedule I controlled sub- MORAN) was added as a cosponsor of S. At the request of Mr. CARDIN, the stances. 3257, a bill to impose sanctions on for- name of the Senator from Maryland S. 2072 eign persons responsible for serious (Mr. VAN HOLLEN) was added as a co- At the request of Mr. MERKLEY, the violations of international law regard- sponsor of amendment No. 3704 in- name of the Senator from New Hamp- ing the protection of civilians during tended to be proposed to H.R. 6157, a shire (Mrs. SHAHEEN) was added as a co- armed conflict, and for other purposes. bill making appropriations for the De- sponsor of S. 2072, a bill to amend the S. 3332 partment of Defense for the fiscal year Toxic Substances Control Act to re- At the request of Mr. LANKFORD, the ending September 30, 2019, and for quire the Administrator of the Envi- name of the Senator from Missouri other purposes. ronmental Protection Agency to take (Mr. BLUNT) was added as a cosponsor AMENDMENT NO. 3707 action to eliminate human exposure to of S. 3332, a bill to amend the Internal At the request of Mr. DONNELLY, the asbestos, and for other purposes. Revenue Code of 1986 to repeal the in- name of the Senator from New Hamp- S. 2127 clusion of certain fringe benefit ex- shire (Mrs. SHAHEEN) was added as a co- At the request of Ms. MURKOWSKI, the penses for which a deduction is dis- sponsor of amendment No. 3707 in- name of the Senator from Missouri allowed in unrelated business taxable tended to be proposed to H.R. 6157, a (Mr. BLUNT) was added as a cosponsor income. bill making appropriations for the De- of S. 2127, a bill to award a Congres- S. 3359 partment of Defense for the fiscal year sional Gold Medal, collectively, to the At the request of Ms. HARRIS, the ending September 30, 2019, and for United States merchant mariners of names of the Senator from Vermont other purposes. World War II, in recognition of their (Mr. SANDERS), the Senator from Wash- AMENDMENT NO. 3720 dedicated and vital service during ington (Mrs. MURRAY), the Senator At the request of Ms. WARREN, the World War II. from Vermont (Mr. LEAHY) and the name of the Senator from Nebraska

VerDate Sep 11 2014 02:59 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.013 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5833 (Mrs. FISCHER) was added as a cospon- AMENDMENT NO. 3843 priations for the Department of De- sor of amendment No. 3720 intended to At the request of Mr. MERKLEY, the fense for the fiscal year ending Sep- be proposed to H.R. 6157, a bill making name of the Senator from Michigan tember 30, 2019, and for other purposes. appropriations for the Department of (Ms. STABENOW) was added as a cospon- AMENDMENT NO. 3893 Defense for the fiscal year ending Sep- sor of amendment No. 3843 intended to At the request of Ms. HEITKAMP, the tember 30, 2019, and for other purposes. be proposed to H.R. 6157, a bill making name of the Senator from Maine (Ms. AMENDMENT NO. 3731 appropriations for the Department of COLLINS) was added as a cosponsor of At the request of Mr. INHOFE, the Defense for the fiscal year ending Sep- amendment No. 3893 intended to be pro- name of the Senator from Nevada (Mr. tember 30, 2019, and for other purposes. posed to H.R. 6157, a bill making appro- HELLER) was added as a cosponsor of AMENDMENT NO. 3857 priations for the Department of De- amendment No. 3731 intended to be pro- At the request of Mr. ISAKSON, the fense for the fiscal year ending Sep- posed to H.R. 6157, a bill making appro- name of the Senator from Georgia (Mr. tember 30, 2019, and for other purposes. priations for the Department of De- PERDUE) was added as a cosponsor of AMENDMENT NO. 3911 fense for the fiscal year ending Sep- amendment No. 3857 intended to be pro- At the request of Ms. MURKOWSKI, the tember 30, 2019, and for other purposes. posed to H.R. 6157, a bill making appro- name of the Senator from New York AMENDMENT NO. 3735 priations for the Department of De- (Mrs. GILLIBRAND) was added as a co- At the request of Mr. MENENDEZ, the fense for the fiscal year ending Sep- sponsor of amendment No. 3911 in- names of the Senator from New Hamp- tember 30, 2019, and for other purposes. tended to be proposed to H.R. 6157, a shire (Mrs. SHAHEEN) and the Senator AMENDMENT NO. 3862 bill making appropriations for the De- from Michigan (Ms. STABENOW) were At the request of Mr. NELSON, the partment of Defense for the fiscal year added as cosponsors of amendment No. name of the Senator from New Hamp- ending September 30, 2019, and for 3735 intended to be proposed to H.R. shire (Mrs. SHAHEEN) was added as a co- other purposes. 6157, a bill making appropriations for sponsor of amendment No. 3862 in- f the Department of Defense for the fis- tended to be proposed to H.R. 6157, a cal year ending September 30, 2019, and bill making appropriations for the De- SUBMITTED RESOLUTIONS for other purposes. partment of Defense for the fiscal year AMENDMENT NO. 3751 ending September 30, 2019, and for SENATE RESOLUTION 612—DESIG- At the request of Mr. REED, the name other purposes. NATING SEPTEMBER 2018 AS of the Senator from Georgia (Mr. ISAK- AMENDMENT NO. 3864 ‘‘NATIONAL CHILD AWARENESS SON) was added as a cosponsor of At the request of Mr. PETERS, the MONTH’’ TO PROMOTE AWARE- amendment No. 3751 intended to be pro- names of the Senator from New York NESS OF CHARITIES THAT BEN- posed to H.R. 6157, a bill making appro- (Mrs. GILLIBRAND), the Senator from EFIT CHILDREN AND YOUTH- priations for the Department of De- Rhode Island (Mr. REED), the Senator SERVING ORGANIZATIONS fense for the fiscal year ending Sep- from New Hampshire (Ms. HASSAN) and THROUGHOUT THE UNITED tember 30, 2019, and for other purposes. the Senator from New Hampshire (Mrs. STATES AND RECOGNIZING THE AMENDMENT NO. 3793 SHAHEEN) were added as cosponsors of EFFORTS MADE BY THOSE At the request of Mr. MURPHY, the amendment No. 3864 intended to be pro- CHARITIES AND ORGANIZATIONS names of the Senator from Michigan posed to H.R. 6157, a bill making appro- ON BEHALF OF CHILDREN AND (Ms. STABENOW), the Senator from priations for the Department of De- YOUTH AS CRITICAL CONTRIBU- Maryland (Mr. CARDIN), the Senator fense for the fiscal year ending Sep- TIONS TO THE FUTURE OF THE from New Mexico (Mr. UDALL), the Sen- tember 30, 2019, and for other purposes. UNITED STATES ator from Hawaii (Ms. HIRONO) and the AMENDMENT NO. 3869 Mrs. FEINSTEIN submitted the fol- Senator from Maryland (Mr. VAN HOL- At the request of Mr. CASEY, the lowing resolution; which was referred LEN) were added as cosponsors of names of the Senator from New Hamp- to the Committee on the Judiciary: ASSAN amendment No. 3793 intended to be pro- shire (Ms. H ) and the Senator S. RES. 612 posed to H.R. 6157, a bill making appro- from Oregon (Mr. WYDEN) were added Whereas millions of children and youth in priations for the Department of De- as cosponsors of amendment No. 3869 the United States represent the hopes and fense for the fiscal year ending Sep- intended to be proposed to H.R. 6157, a the future of the United States; tember 30, 2019, and for other purposes. bill making appropriations for the De- Whereas numerous individuals, charities AMENDMENT NO. 3801 partment of Defense for the fiscal year benefitting children, and youth-serving orga- At the request of Mr. DURBIN, the ending September 30, 2019, and for nizations that work with children and youth name of the Senator from Hawaii (Ms. other purposes. collaborate to provide invaluable services to enrich and better the lives of children and AMENDMENT NO. 3871 HIRONO) was added as a cosponsor of youth throughout the United States; amendment No. 3801 intended to be pro- At the request of Mr. DONNELLY, the Whereas raising awareness of, and increas- posed to H.R. 6157, a bill making appro- name of the Senator from Michigan ing support for, organizations that provide priations for the Department of De- (Mr. PETERS) was added as a cosponsor access to health care, social services, edu- fense for the fiscal year ending Sep- of amendment No. 3871 intended to be cation, the arts, sports, and other services tember 30, 2019, and for other purposes. proposed to H.R. 6157, a bill making ap- will result in the development of character in, and the future success of, the children AMENDMENT NO. 3802 propriations for the Department of De- fense for the fiscal year ending Sep- and youth of the United States; At the request of Mr. DURBIN, the Whereas the month of September, as the name of the Senator from Hawaii (Ms. tember 30, 2019, and for other purposes. school year begins, is a time when parents, HIRONO) was added as a cosponsor of AMENDMENT NO. 3878 families, teachers, school administrators, amendment No. 3802 intended to be pro- At the request of Mr. CORNYN, the and communities increase focus on children posed to H.R. 6157, a bill making appro- name of the Senator from Utah (Mr. and youth throughout the United States; priations for the Department of De- HATCH) was added as a cosponsor of Whereas the month of September is a time fense for the fiscal year ending Sep- amendment No. 3878 intended to be pro- for the people of the United States to highlight, and be mindful of, the needs of chil- tember 30, 2019, and for other purposes. posed to H.R. 6157, a bill making appro- dren and youth; AMENDMENT NO. 3825 priations for the Department of De- Whereas private corporations and busi- At the request of Ms. CORTEZ MASTO, fense for the fiscal year ending Sep- nesses have joined with hundreds of national the name of the Senator from Nevada tember 30, 2019, and for other purposes. and local charitable organizations through- (Mr. HELLER) was added as a cosponsor AMENDMENT NO. 3887 out the United States in support of a month- long focus on children and youth; and of amendment No. 3825 intended to be At the request of Mr. CRUZ, the name Whereas designating September 2018 as proposed to H.R. 6157, a bill making ap- of the Senator from Florida (Mr. ‘‘National Child Awareness Month’’ would propriations for the Department of De- RUBIO) was added as a cosponsor of recognize that a long-term commitment to fense for the fiscal year ending Sep- amendment No. 3887 intended to be pro- children and youth is in the public interest tember 30, 2019, and for other purposes. posed to H.R. 6157, a bill making appro- and will encourage widespread support for

VerDate Sep 11 2014 02:59 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.015 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5834 CONGRESSIONAL RECORD — SENATE August 22, 2018 charities and organizations that seek to pro- Whereas the arrest of Ms. Badawi and Ms. trary, the government has arrested vide a better future for the children and al-Sada, as well as the ongoing detention of some of the same women activists who youth of the United States: Now, therefore, countless others such as blogger Raif Badawi campaigned for the right to drive only be it and human rights lawyer Waleed Abu al- a short time ago. Resolved, That the Senate designates Sep- Khair, is part of a disturbing pattern of tember 2018 as ‘‘National Child Awareness human rights violations committed by the We and others often deplore the arbi- Month’’— Government of Saudi Arabia, which are doc- trary arrests, denial of fundamental (1) to promote awareness of charities that umented in more than 50 pages of the 2017 rights and liberties, and execution of benefit children and youth-serving organiza- Human Rights Report of the Department of prisoners in Iran for ‘‘crimes’’ that tions throughout the United States; State; would be protected speech under inter- (2) to recognize the efforts made by those Whereas, among the human rights viola- national law; yet, we see similar abuses charities and organizations on behalf of chil- tions by the Government of Saudi Arabia in Saudi Arabia and the systematic dren and youth as critical contributions to documented in that report, are unlawful persecution of women by Saudi au- the future of the United States; and killings, torture, arbitrary arrest and deten- (3) to recognize the importance of meeting tion, restrictions on freedom of expression, thorities without a commensurate the needs of at-risk children and youth, in- violence and official gender discrimination level of international outcry. cluding children and youth who— against women, and criminalization of same- Arbitrary arrests of peaceful activ- (A) have experienced homelessness; sex sexual activity; ists, regardless of cause or country, is (B) are in the foster care system; Whereas the office of the United Nations not acceptable. Freedom of speech and (C) have been victims, or are at risk of be- High Commissioner for Refugees assesses peaceful dissent are critical coming victims, of child sex trafficking; that airstrikes carried out by Saudi Arabia underpinnings of human rights activ- (D) have been impacted by violence; and the United Arab Emirates in Yemen ac- ism around the globe and must be con- (E) have experienced trauma; and counted for 80 percent of all civilian casual- (F) have serious physical and mental ties from December 2017 to May 2018 in the 5 sistently defended. Women’s rights are health needs. governorates of Yemen most affected by human rights. f fighting; and I urge all Senators to stand up Whereas section 502B(a)(2) of the Foreign against attacks of fundamental rights SENATE RESOLUTION 613—RE- Assistance Act of 1961 (22 U.S.C. 2304(a)(2)) and liberties, in all countries and for QUESTING A REPORT ON THE states that ‘‘no security assistance may be all people, including those fighting for OBSERVANCE OF AND RESPECT provided to any country the government of the rights of women in Saudi Arabia. FOR HUMAN RIGHTS AND FUN- which engages in a consistent pattern of DAMENTAL FREEDOM IN SAUDI gross violations of internationally recog- f ARABIA nized human rights’’: Now, therefore, be it Resolved, That— SENATE RESOLUTION 614—HON- Mr. MERKLEY (for himself, Ms. (1) it is the sense of the Senate that— ORING THE LIFE AND LEGACY WARREN, Mr. DURBIN, Mrs. GILLIBRAND, (A) the President should offer public sup- OF COYA KNUTSON port to Canada by calling upon the Govern- Mr. WYDEN, Mr. SANDERS, and Mr. Ms. SMITH (for herself and Ms. KLO- LEAHY) submitted the following resolu- ment of Saudi Arabia to release Samar Badawi, Nassima al-Sada, Raif Badawi, BUCHAR) submitted the following reso- tion; which was referred to the Com- lution; which was referred to the Com- mittee on Foreign Relations: Waleed Abu al-Khair, and all other peaceful human rights activists, journalists, and reli- mittee on the Judiciary: S. RES. 613 gious minorities held in detention by that S. RES. 614 Whereas, in July 2018, the Government of Government on dubious charges; and Whereas Cornelia Genevive Gjesdal ‘‘Coya’’ Saudi Arabia detained prominent women (B) the arrest of women’s rights activists Knutson was born on August 22, 1912, in rights activists Samar Badawi and Nassima and their supporters since May 2018 is con- Edmore, North Dakota; al-Sada; trary to the stated goals of the Government Whereas Coya Gjesdal graduated from Whereas the United States Department of of Saudi Arabia; and Concordia College in Moorhead, Minnesota, State presented Ms. Badawi with the 2012 (2) the Senate requests, pursuant to sec- with majors in English and Music and a International Women of Courage Award in tion 502B(c)(1) of the Foreign Assistance Act minor in Education; recognition of her efforts with regard to the of 1961 (22 U.S.C. 2304(c)(1)), that the Sec- Whereas Coya Gjesdal married Andy discriminatory male guardianship system in retary of State submit to Congress a state- Knutson in 1940 and later adopted a son; Saudi Arabia; ment, as required by that section, setting Whereas Coya Knutson was involved in her Whereas the Department of State has de- forth all the available information about ob- community, working as a teacher, volun- clined to express solidarity with the Govern- servance of and respect for human rights and teering, establishing a medical clinic, and ment of Canada, which reacted appropriately fundamental freedom in Saudi Arabia. serving on the Red Lake County Welfare to news of the detention of Ms. Badawi and Mr. LEAHY. Mr. President, an unre- Board; Ms. al-Sada in expressing that it was ‘‘grave- Whereas Coya Knutson was elected to the ly concerned about additional arrests of civil lenting government crackdown on the House of Representatives of Minnesota in society and women’s rights activists’’ and women’s rights movement is taking 1950; calling upon ‘‘Saudi authorities to imme- place in Saudi Arabia. This is the sub- Whereas State Representative Knutson diately release them and all other peaceful ject of a Senate resolution, of which I supported health and education initiatives human-rights activists’’; am an original cosponsor, introduced and sponsored the first clean air bill in Min- Whereas the Government of Saudi Arabia today by Senator MERKLEY. nesota, which prohibited smoking in some reacted disproportionately to criticism by It is widely known that Saudi Arabia public places; the Government of Canada by taking ex- has a long history of subjugating and Whereas, in 1954, Coya Knutson won a seat treme retaliatory measures, including— discriminating against women and (1) expelling the Ambassador of Canada to in the House of Representatives of the Saudi Arabia and recalling the Ambassador girls. Today, despite talk of reform, United States, despite having lost the nomi- of Saudi Arabia to Canada; Saudi authorities continue to arbi- nation of her party to a man; (2) ordering the return of citizens of Saudi trarily arrest and detail women’s Whereas Coya Knutson became the first Arabia living in Canada, including more than rights activists and supporters, includ- woman elected to Congress from Minnesota; 1,000 medical students; ing Samar Badawi, recipient of the 2012 Whereas Congresswoman Knutson became the first woman to be appointed to the Com- (3) shutting off new bilateral trade and in- International Women of Courage vestment with Canada; and mittee on Agriculture of the House of Rep- (4) terminating direct commercial flights Award; Nassima al-Sadah, an Eastern resentatives; on Saudi Arabian air carriers between Saudi Province activist, and Nouf Abdelaziz, Whereas Congresswoman Knutson spon- Arabia and Canada; an activist and writer, among others. sored legislation that eventually led to ex- Whereas Canada is an indispensable ally in The latest crackdown, which began panded school lunch assistance, the first the North Atlantic Treaty Organization that in May, has resulted in the arrest of Federal student loan program, and the first shares the commitment of the United States more than a dozen women’s rights ac- appropriations for research on cystic fibro- to equal rights and the rule of law and, in de- tivists, with many more also barred sis; fense of shared interests and values, Canada from traveling abroad. Whereas Congresswoman Knutson’s hus- has fought and sacrificed alongside the Many people erroneously equate the band did not support her career and report- United States in each of the World Wars and edly wrote a public letter in 1958 ordering has contributed to Missions of the North At- recent lifting of the ban on female her to return to Minnesota to ‘‘make a home lantic Treaty Organization in Afghanistan, drivers in Saudi Arabia as indicative of for [her] son and husband’’; the Balkans, Libya, and Central and Eastern increased government support for wom- Whereas the story of the letter was taken Europe; en’s rights in the country. To the con- up by the national press, with newspapers

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Mr. GRAHAM (for himself, Mr. line ‘‘Coya, Come Home’’; honored Aretha Franklin with a key to the MENENDEZ, Mr. GARDNER, Mr. CARDIN, Mr. Whereas Coya Knutson lost reelection in City and renamed a segment of Madison Ave- MCCAIN, and Mrs. SHAHEEN) submitted an 1958 to a man whose campaign slogan was ‘‘A nue in downtown Detroit ‘‘Aretha Franklin amendment intended to be proposed to Big Man for a Man-Sized Job’’; Way’’; amendment SA 3695 proposed by Mr. SHELBY Whereas Coya Knutson eventually divorced Whereas Aretha Franklin was awarded the to the bill H.R. 6157, supra; which was or- her husband, moved permanently to Wash- Presidential Medal of Freedom on November dered to lie on the table. ington, D.C., and was appointed by President 9, 2005; SA 3939. Ms. KLOBUCHAR submitted an Kennedy to be the liaison officer in the Of- Whereas Aretha Franklin received hon- amendment intended to be proposed to fice of Civil Defense at the Department of orary degrees for her contributions to the amendment SA 3695 proposed by Mr. SHELBY Defense, where she served until 1970; arts from Harvard University, Princeton to the bill H.R. 6157, supra; which was or- Whereas Coya Knutson retired from poli- University, Yale University, Brown Univer- dered to lie on the table. tics and moved back to Minnesota to live sity, Berklee College of Music, the New Eng- SA 3940. Mr. PERDUE (for himself and Mr. with her son and his family until her death land Conservatory of Music, University of ISAKSON) submitted an amendment intended in 1996 at 82 years of age; and Michigan, Wayne State University, and Be- to be proposed to amendment SA 3695 pro- Whereas Coya Knutson was a trailblazer thune-Cookman College; posed by Mr. SHELBY to the bill H.R. 6157, and an inspiration who was devoted to her Whereas Aretha Franklin inspired a gen- supra; which was ordered to lie on the table. community, State, and country: Now, there- eration of artists and enthralled the world SA 3941. Mr. TILLIS submitted an amend- fore, be it with powerful music; and ment intended to be proposed by him to the Resolved, That the Senate honors the life Whereas Aretha Franklin passed away on bill H.R. 6157, supra; which was ordered to lie and legacy of Coya Knutson, whose dedica- August 16, 2018, at the age of 76 at her home on the table. tion to overcoming exceptional odds and de- in Bloomfield Hills, Michigan: Now, there- SA 3942. Mr. SULLIVAN submitted an votion to the well-being of the United States fore, be it amendment intended to be proposed to shall serve as an inspiration for generations Resolved, That the Senate celebrates the amendment SA 3695 proposed by Mr. SHELBY of individuals in the United States. life and legacy of Aretha Franklin and the to the bill H.R. 6157, supra; which was or- f iconic contributions of Aretha Franklin to dered to lie on the table. music, arts, and civil rights. SA 3943. Mr. SULLIVAN submitted an SENATE RESOLUTION 615—HON- amendment intended to be proposed to f ORING THE LIFE AND LEGACY amendment SA 3695 proposed by Mr. SHELBY OF ARETHA FRANKLIN AND THE AMENDMENTS SUBMITTED AND to the bill H.R. 6157, supra; which was or- CONTRIBUTIONS OF ARETHA PROPOSED dered to lie on the table. FRANKLIN TO MUSIC, CIVIL SA 3944. Mr. BURR (for himself and Mrs. RIGHTS, AND THE CITY OF DE- SA 3928. Mr. WARNER (for himself and Mr. FEINSTEIN) submitted an amendment in- FLAKE) submitted an amendment intended to TROIT tended to be proposed to amendment SA 3695 be proposed to amendment SA 3695 proposed proposed by Mr. SHELBY to the bill H.R. 6157, Mr. PETERS (for himself, Ms. STABE- by Mr. SHELBY to the bill H.R. 6157, making supra; which was ordered to lie on the table. NOW, Mr. BROWN, Mr. CARPER, Mr. appropriations for the Department of De- SA 3945. Mr. PORTMAN submitted an COONS, Ms. HARRIS, Ms. HIRONO, Mr. fense for the fiscal year ending September 30, amendment intended to be proposed to MENENDEZ, Mr. VAN HOLLEN, Mr. 2019, and for other purposes; which was or- amendment SA 3695 proposed by Mr. SHELBY dered to lie on the table. WHITEHOUSE, Mrs. MURRAY, Mr. JONES, to the bill H.R. 6157, supra; which was or- SA 3929. Mr. MERKLEY submitted an Mr. NELSON, Mr. SANDERS, Mr. MAR- dered to lie on the table. amendment intended to be proposed to SA 3946. Mr. RUBIO submitted an amend- KEY, Mr. GRASSLEY, Ms. WARREN, Ms. amendment SA 3695 proposed by Mr. SHELBY ment intended to be proposed to amendment SMITH, Mr. BENNET, Mr. DONNELLY, Ms. to the bill H.R. 6157, supra; which was or- SA 3695 proposed by Mr. SHELBY to the bill HASSAN, Ms. BALDWIN, Ms. CORTEZ dered to lie on the table. H.R. 6157, supra; which was ordered to lie on MASTO, Mr. DURBIN, Mr. BOOKER, Ms. SA 3930. Mr. BLUMENTHAL (for himself the table. HEITKAMP, Ms. KLOBUCHAR, Mrs. GILLI- and Mr. MURPHY) submitted an amendment SA 3947. Mrs. ERNST submitted an amend- BRAND, Mr. MERKLEY, Mrs. FEINSTEIN, intended to be proposed to amendment SA ment intended to be proposed to amendment Mr. SCOTT, Mr. KAINE, Mr. MANCHIN, 3695 proposed by Mr. SHELBY to the bill H.R. SA 3695 proposed by Mr. SHELBY to the bill Mr. ALEXANDER, Mr. REED, and Mr. 6157, supra; which was ordered to lie on the H.R. 6157, supra; which was ordered to lie on table. CORKER) submitted the following reso- the table. SA 3931. Mr. BLUMENTHAL (for himself, lution; which was considered and SA 3948. Mrs. ERNST (for herself and Mr. Mr. MARKEY, Mr. UDALL, Mr. SCHATZ, Mr. GRASSLEY) submitted an amendment in- agreed to: BOOKER, and Mr. BROWN) submitted an tended to be proposed to amendment SA 3695 S. RES. 615 amendment intended to be proposed to proposed by Mr. SHELBY to the bill H.R. 6157, Whereas Aretha Franklin was born on amendment SA 3695 proposed by Mr. SHELBY supra; which was ordered to lie on the table. March 25, 1942, in Memphis, Tennessee; to the bill H.R. 6157, supra; which was or- SA 3949. Mrs. ERNST submitted an amend- Whereas Aretha Franklin moved to De- dered to lie on the table. ment intended to be proposed to amendment troit, Michigan, in 1946, at the age of 4; SA 3932. Mr. BLUMENTHAL (for himself, SA 3695 proposed by Mr. SHELBY to the bill Whereas Aretha Franklin began a career Mr. MARKEY, Mr. BOOKER, and Ms. WARREN) H.R. 6157, supra; which was ordered to lie on singing gospel at the New Bethel Baptist submitted an amendment intended to be pro- the table. Church in Detroit, Michigan; posed by him to the bill H.R. 6157, supra; SA 3950. Mr. BLUNT (for himself, Mr. Whereas Aretha Franklin traveled with Dr. which was ordered to lie on the table. ALEXANDER, and Mrs. MURRAY) submitted an Martin Luther King, Jr., across the country SA 3933. Ms. HEITKAMP (for herself, Ms. amendment intended to be proposed to as Dr. Martin Luther King, Jr., preached MURKOWSKI, and Mr. UDALL) submitted an amendment SA 3695 proposed by Mr. SHELBY nonviolence in the movement for civil amendment intended to be proposed to to the bill H.R. 6157, supra; which was or- rights; amendment SA 3695 proposed by Mr. SHELBY dered to lie on the table. Whereas Aretha Franklin was an active to the bill H.R. 6157, supra; which was or- SA 3951. Mr. HELLER (for himself and Mr. supporter of the civil rights movement and dered to lie on the table. TESTER) submitted an amendment intended her song ‘‘Respect’’ became an anthem for SA 3934. Mr. TOOMEY submitted an to be proposed to amendment SA 3695 pro- the civil rights movement and the women’s amendment intended to be proposed to posed by Mr. SHELBY to the bill H.R. 6157, movement; amendment SA 3695 proposed by Mr. SHELBY supra; which was ordered to lie on the table. Whereas Aretha Franklin is most known to the bill H.R. 6157, supra; which was or- SA 3952. Mr. CASSIDY (for himself and Mr. for her powerful songs such as ‘‘Respect’’, dered to lie on the table. KENNEDY) submitted an amendment intended ‘‘(You Make Me Feel Like) A Natural SA 3935. Mr. TOOMEY submitted an to be proposed to amendment SA 3695 pro- Woman’’, ‘‘Spanish Harlem’’, and ‘‘Think’’; amendment intended to be proposed to posed by Mr. SHELBY to the bill H.R. 6157, Whereas Aretha Franklin was known as amendment SA 3695 proposed by Mr. SHELBY supra; which was ordered to lie on the table. the ‘‘Queen of Soul’’ and on January 3, 1987, to the bill H.R. 6157, supra; which was or- SA 3953. Mr. BROWN submitted an amend- became the first woman inducted into the dered to lie on the table. ment intended to be proposed by him to the Rock and Roll Hall of Fame; SA 3936. Mr. TOOMEY submitted an bill H.R. 6157, supra; which was ordered to lie Whereas Aretha Franklin has won 18 amendment intended to be proposed to on the table. Grammy Awards and sold over 75,000,000 amendment SA 3695 proposed by Mr. SHELBY SA 3954. Mr. DURBIN (for himself, Ms. records worldwide; to the bill H.R. 6157, supra; which was or- BALDWIN, Mr. BLUMENTHAL, Mr. BROWN, Mr. Whereas Aretha Franklin was inducted dered to lie on the table. CARPER, Mr. COONS, Ms. CORTEZ MASTO, Mrs. into the Michigan Women’s Hall of Fame in SA 3937. Mr. KENNEDY submitted an GILLIBRAND, Ms. HARRIS, Ms. HASSAN, Ms. 2001, the United Kingdom’s Music Hall of amendment intended to be proposed by him HIRONO, Mr. MARKEY, Mr. MERKLEY, Mr . Fame in 2005, and the Gospel Music Associa- to the bill H.R. 6157, supra; which was or- MURPHY, Mr. REED, Mr. SANDERS, Mr. tion’s Gospel Music Hall of Fame in 2012; dered to lie on the table. SCHATZ, Ms . SMITH, Mr. VAN HOLLEN, Ms.

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WARREN, Mr. WHITEHOUSE, Mr. WYDEN, Ms. SA 3968. Mr. SCHUMER submitted an amendment SA 3695 proposed by Mr. SHELBY DUCKWORTH, Mrs. FEINSTEIN, and Mrs. SHA- amendment intended to be proposed by him to the bill H.R. 6157, supra; which was or- HEEN) submitted an amendment intended to to the bill H.R. 6157, supra; which was ordered to lie on the table. be proposed to amendment SA 3695 proposed dered to lie on the table. SA 3986. Mr. RUBIO submitted an amend- by Mr. SHELBY to the bill H.R. 6157, supra; SA 3969. Mr. SCHUMER submitted an ment intended to be proposed to amendment which was ordered to lie on the table. amendment intended to be proposed by him SA 3695 proposed by Mr. SHELBY to the bill SA 3955. Mr. DURBIN (for himself, Ms. to the bill H.R. 6157, supra; which was or- H.R. 6157, supra; which was ordered to lie on BALDWIN, Mr. BLUMENTHAL, Mr. BROWN, Mr. dered to lie on the table. the table. CARPER, Mr. COONS, Ms. CORTEZ MASTO, Mrs. SA 3970. Mr. SCHUMER submitted an SA 3987. Mr. SASSE (for himself and Mr. GILLIBRAND, Ms. HARRIS, Ms. HASSAN, Mr. amendment intended to be proposed by him KING) submitted an amendment intended to HEINRICH, Ms. HIRONO, Mr. MARKEY, Mr. to the bill H.R. 6157, supra; which was or- be proposed to amendment SA 3695 proposed MERKLEY, Mr. MURPHY, Mr. NELSON, Mr. dered to lie on the table. by Mr. SHELBY to the bill H.R. 6157, supra; REED, Mr. SANDERS, Mr. SCHATZ, Ms. SMITH, SA 3971. Mr. WYDEN submitted an amend- which was ordered to lie on the table. Ms. STABENOW, Mr. VAN HOLLEN, Ms. WAR- ment intended to be proposed to amendment SA 3988. Mr. SCOTT (for himself and Mr. BROWN) submitted an amendment intended REN, Mr. WHITEHOUSE, Mr. WYDEN, Ms. SA 3695 proposed by Mr. SHELBY to the bill to be proposed to amendment SA 3695 pro- DUCKWORTH, Mrs. FEINSTEIN, and Mrs. SHA- H.R. 6157, supra; which was ordered to lie on posed by Mr. SHELBY to the bill H.R. 6157, HEEN) submitted an amendment intended to the table. be proposed to amendment SA 3695 proposed SA 3972. Mr. PETERS (for himself and Mr. supra; which was ordered to lie on the table. SA 3989. Mr. JONES (for himself, Mr. by Mr. SHELBY to the bill H.R. 6157, supra; CASSIDY) submitted an amendment intended SCOTT, Mr. KAINE, Mr. WARNER, Mr. BOOZ- which was ordered to lie on the table. to be proposed to amendment SA 3695 pro- MAN, Mr. TILLIS, and Mr. SANDERS) sub- SA 3956. Mr. HATCH (for himself and Mr. posed by Mr. SHELBY to the bill H.R. 6157, UDALL) submitted an amendment intended mitted an amendment intended to be pro- supra; which was ordered to lie on the table. posed to amendment SA 3695 proposed by Mr. to be proposed to amendment SA 3695 pro- SA 3973. Mr. SCHUMER submitted an SHELBY to the bill H.R. 6157, supra; which posed by Mr. SHELBY to the bill H.R. 6157, amendment intended to be proposed to was ordered to lie on the table. supra; which was ordered to lie on the table. amendment SA 3695 proposed by Mr. SHELBY SA 3957. Mr. BOOKER (for himself, Ms. SA 3990. Mr. PAUL submitted an amend- to the bill H.R. 6157, supra; which was or- ment intended to be proposed to amendment SMITH, and Mrs. SHAHEEN) submitted an dered to lie on the table. amendment intended to be proposed to SA 3699 proposed by Mr. MCCONNELL (for Mr. SA 3974. Mr. RUBIO submitted an amend- SHELBY) to the amendment SA 3695 proposed amendment SA 3695 proposed by Mr. SHELBY ment intended to be proposed to amendment to the bill H.R. 6157, supra; which was or- by Mr. SHELBY to the bill H.R. 6157, supra; SA 3695 proposed by Mr. SHELBY to the bill which was ordered to lie on the table. dered to lie on the table. H.R. 6157, supra; which was ordered to lie on SA 3958. Mr. CARDIN (for himself, Mr. SA 3991. Mr. PAUL submitted an amend- the table. ment intended to be proposed by him to the CARPER, Mr. BOOKER, Mr. MENENDEZ, Ms. SA 3975. Mr. DURBIN (for himself and Mr. HARRIS, and Ms. HIRONO) submitted an bill H.R. 6157, supra; which was ordered to lie YOUNG) submitted an amendment intended amendment intended to be proposed to on the table. to be proposed to amendment SA 3695 pro- SA 3992. Mr. CASSIDY submitted an amendment SA 3695 proposed by Mr. SHELBY posed by Mr. SHELBY to the bill H.R. 6157, to the bill H.R. 6157, supra; which was or- amendment intended to be proposed to supra; which was ordered to lie on the table. amendment SA 3695 proposed by Mr. SHELBY dered to lie on the table. SA 3976. Ms. DUCKWORTH submitted an SA 3959. Mr. MARKEY (for himself, Mr. to the bill H.R. 6157, supra; which was or- amendment intended to be proposed to NELSON, Mr. WHITEHOUSE, Ms. CORTEZ dered to lie on the table. amendment SA 3695 proposed by Mr. SHELBY SA 3993. Mr. LEAHY proposed an amend- MASTO, Ms. HARRIS, Mr. MENENDEZ, Mr. MUR- to the bill H.R. 6157, supra; which was or- ment to amendment SA 3699 proposed by Mr. PHY, Mrs. FEINSTEIN, Mr. REED, Ms. HASSAN, dered to lie on the table. MCCONNELL (for Mr. SHELBY) to the amend- Mr. DURBIN, Mr. CASEY, Mr. BLUMENTHAL, SA 3977. Mr. MERKLEY (for himself, Mr. ment SA 3695 proposed by Mr. SHELBY to the Mr. VAN HOLLEN, Ms. KLOBUCHAR, Mr. TESTER, Mr. CRAPO, Mr. DAINES, Mr. WYDEN, bill H.R. 6157, supra. MERKLEY, and Mrs. SHAHEEN) submitted an Mr. RISCH, and Mr. MANCHIN) submitted an SA 3994. Mr. MARKEY (for himself and Mr. amendment intended to be proposed to amendment intended to be proposed to HATCH) submitted an amendment intended to amendment SA 3695 proposed by Mr. SHELBY amendment SA 3695 proposed by Mr. SHELBY be proposed to amendment SA 3695 proposed to the bill H.R. 6157, supra; which was or- to the bill H.R. 6157, supra; which was or- by Mr. SHELBY to the bill H.R. 6157, supra; dered to lie on the table. which was ordered to lie on the table. SA 3960. Mr. CORNYN submitted an dered to lie on the table. SA 3978. Mr. PERDUE submitted an SA 3995. Mr. CASSIDY submitted an amendment intended to be proposed to amendment intended to be proposed to amendment intended to be proposed to amendment SA 3695 proposed by Mr. SHELBY HELBY amendment SA 3695 proposed by Mr. SHELBY to the bill H.R. 6157, supra; which was or- amendment SA 3695 proposed by Mr. S to the bill H.R. 6157, supra; which was or- to the bill H.R. 6157, supra; which was ordered to lie on the table. dered to lie on the table. SA 3961. Mr. TOOMEY (for himself and Mr. dered to lie on the table. SA 3979. Mr. CORNYN (for himself, Mr. SA 3996. Mr. CARPER submitted an amend- CASSIDY) submitted an amendment intended ment intended to be proposed by him to the to be proposed to amendment SA 3695 pro- BLUMENTHAL, and Mr. RUBIO) submitted an amendment intended to be proposed to bill H.R. 6157, supra; which was ordered to lie posed by Mr. SHELBY to the bill H.R. 6157, amendment SA 3695 proposed by Mr. SHELBY on the table. supra; which was ordered to lie on the table. SA 3997. Mr. CARPER submitted an amend- SA 3962. Mr. YOUNG submitted an amend- to the bill H.R. 6157, supra; which was ordered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed to amendment bill H.R. 6157, supra; which was ordered to lie SA 3695 proposed by Mr. SHELBY to the bill SA 3980. Mr. CASSIDY submitted an amendment intended to be proposed to on the table. H.R. 6157, supra; which was ordered to lie on SA 3998. Mr. RUBIO submitted an amend- amendment SA 3695 proposed by Mr. SHELBY the table. ment intended to be proposed to amendment to the bill H.R. 6157, supra; which was or- SA 3963. Mr. SANDERS submitted an SA 3695 proposed by Mr. SHELBY to the bill dered to lie on the table. amendment intended to be proposed to H.R. 6157, supra; which was ordered to lie on SA 3981. Mrs. GILLIBRAND (for herself, amendment SA 3695 proposed by Mr. SHELBY the table. to the bill H.R. 6157, supra; which was or- Mr. ROUNDS, Mr. SCHUMER, Mr. MANCHIN, SA 3999. Ms. WARREN submitted an dered to lie on the table. Mrs. CAPITO, Mr. BENNET, Ms. WARREN, and amendment intended to be proposed to SA 3964. Mr. DURBIN (for himself and Mr. Mr. GARDNER) submitted an amendment in- amendment SA 3695 proposed by Mr. SHELBY GRASSLEY) submitted an amendment intended to be proposed to amendment SA 3695 to the bill H.R. 6157, supra; which was or- tended to be proposed to amendment SA 3695 proposed by Mr. SHELBY to the bill H.R. 6157, dered to lie on the table. proposed by Mr. SHELBY to the bill H.R. 6157, supra; which was ordered to lie on the table. SA 4000. Mr. HATCH (for himself and Mr. supra; which was ordered to lie on the table. SA 3982. Mr. CASEY (for himself and Mr. UDALL) submitted an amendment intended SA 3965. Mr. BOOKER (for himself, Mr. YOUNG) submitted an amendment intended to be proposed to amendment SA 3695 pro- LEE, Mr. CRUZ, and Mr. MURPHY) submitted to be proposed by him to the bill H.R. 6157, posed by Mr. SHELBY to the bill H.R. 6157, an amendment intended to be proposed by supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. him to the bill H.R. 6157, supra; which was SA 3983. Ms. KLOBUCHAR submitted an SA 4001. Mr. McCONNELL (for Mr. SUL- ordered to lie on the table. amendment intended to be proposed by her LIVAN (for himself and Mr . MARKEY)) pro- SA 3966. Mr. CRUZ submitted an amend- to the bill H.R. 6157, supra; which was or- posed an amendment to the bill S. 1322, to es- ment intended to be proposed to amendment dered to lie on the table. tablish the American Fisheries Advisory SA 3695 proposed by Mr. SHELBY to the bill SA 3984. Ms. DUCKWORTH submitted an Committee to assist in the awarding of fish- H.R. 6157, supra; which was ordered to lie on amendment intended to be proposed to eries research and development grants, and the table. amendment SA 3695 proposed by Mr. SHELBY for other purposes. SA 3967. Mr. PAUL (for himself and Mr. to the bill H.R. 6157, supra; which was or- SA 4002. Mr. McCONNELL (for Ms. MUR- LEE) submitted an amendment intended to dered to lie on the table. KOWSKI) proposed an amendment to the bill be proposed to amendment SA 3695 proposed SA 3985. Mr. REED (for himself, Ms. MUR- S. 1142, to extend the deadline for commence- by Mr. SHELBY to the bill H.R. 6157, supra; KOWSKI, and Mr. BROWN) submitted an ment of construction of certain hydro- which was ordered to lie on the table. amendment intended to be proposed to electric projects.

VerDate Sep 11 2014 02:59 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.028 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5837 SA 4003. Mr. SCHUMER submitted an be proposed to amendment SA 3695 pro- amendment SA 3695 proposed by Mr. amendment intended to be proposed to posed by Mr. SHELBY to the bill H.R. SHELBY to the bill H.R. 6157, making amendment SA 3695 proposed by Mr. SHELBY 6157, making appropriations for the De- appropriations for the Department of to the bill H.R. 6157, making appropriations partment of Defense for the fiscal year Defense for the fiscal year ending Sep- for the Department of Defense for the fiscal year ending September 30, 2019, and for other ending September 30, 2019, and for tember 30, 2019, and for other purposes; purposes; which was ordered to lie on the other purposes; which was ordered to which was ordered to lie on the table; table. lie on the table; as follows: as follows: f On page 254, line 5, strike ‘‘funds’’ and all At the appropriate place in title VIII of di- that follows through ‘‘specified,’’ on line 7, vision A, insert the following: TEXT OF AMENDMENTS and insert ‘‘$2,000,000,000 to the accounts SEC. lll. None of the funds appropriated SA 3928. Mr. WARNER (for himself specified under section 4002 of the ACA’’. or otherwise made available by this division may be used to procure any oil products and Mr. FLAKE) submitted an amend- SA 3932. Mr. BLUMENTHAL (for ment intended to be proposed to from any refinery that currently receives himself, Mr. MARKEY, Mr. BOOKER, and more than 20 percent of its crude oil from amendment SA 3695 proposed by Mr. Ms. WARREN) submitted an amendment Russia. SHELBY to the bill H.R. 6157, making intended to be proposed by him to the appropriations for the Department of bill H.R. 6157, making appropriations SA 3936. Mr. TOOMEY submitted an Defense for the fiscal year ending Sep- for the Department of Defense for the amendment intended to be proposed to tember 30, 2019, and for other purposes; fiscal year ending September 30, 2019, amendment SA 3695 proposed by Mr. which was ordered to lie on the table; and for other purposes; which was or- SHELBY to the bill H.R. 6157, making as follows: dered to lie on the table; as follows: appropriations for the Department of At the appropriate place in title VIII of di- On page 219, line 22, strike ‘‘$334,000,000’’ Defense for the fiscal year ending Sep- vision A, insert the following: and insert ‘‘$454,000,000’’. tember 30, 2019, and for other purposes; SEC. lll. None of the amounts appro- which was ordered to lie on the table; priated or otherwise made available by this SA 3933. Ms. HEITKAMP (for herself, as follows: division may be used to grant, deny, or re- Ms. MURKOWSKI, and Mr. UDALL) sub- At the appropriate place in title VIII of di- voke access, or eligibility for access, to clas- mitted an amendment intended to be sified information except in compliance with vision A, insert the following: proposed to amendment SA 3695 pro- SEC. . None of the funds appropriated the Constitution of the United States and in lll posed by Mr. SHELBY to the bill H.R. or otherwise made available by this division accordance with the processes and proce- may be used for the planning, design, or con- dures under— 6157, making appropriations for the De- struction of electric or heat generation, or (1) Executive Orders 12968 and 13467, as partment of Defense for the fiscal year for obtaining electric or heating services, for such Executive Orders were in effect on Au- ending September 30, 2019, and for medical facilities at military installations in gust 15, 2018; other purposes; which was ordered to Germany if the fuel used for such generation (2) part 147 of title 32, Code of Federal Reg- lie on the table; as follows: is only natural gas. ulations, as such part was in effect on Au- At the appropriate place in title II of divi- gust 15, 2018; and sion B, insert the following: Mr. KENNEDY submitted an (3) applicable department and agency regu- SA 3937. SEC. ll. From amounts appropriated amendment intended to be proposed by lations that govern access to classified infor- under this title, under the heading ‘‘Mater- mation and due process requirements. nal and Child Health’’, up to $1,000,000 shall him to the bill H.R. 6157, making ap- be used for awarding grants for the purchase propriations for the Department of De- SA 3929. Mr. MERKLEY submitted an and implementation of telehealth services, fense for the fiscal year ending Sep- amendment intended to be proposed to including pilots and demonstrations for the tember 30, 2019, and for other purposes; amendment SA 3695 proposed by Mr. use of electronic health records or other nec- which was ordered to lie on the table; SHELBY to the bill H.R. 6157, making essary technology and equipment (including as follows: appropriations for the Department of ultra sound machines or other technology and equipment that is useful for caring for At the appropriate place in title II of divi- Defense for the fiscal year ending Sep- pregnant women) to coordinate obstetric sion B, insert the following: tember 30, 2019, and for other purposes; care between pregnant women living in rural SEC. ll. HHS STUDY AND REPORT ON REDUC- which was ordered to lie on the table; areas and obstetric care providers. ING IMPROPER MEDICAID PAY- as follows: MENTS. SA 3934. Mr. TOOMEY submitted an (a) STUDY.—The Secretary of Health and At the appropriate place in division B, in- Human Services shall conduct a study on sert the following: amendment intended to be proposed to amendment SA 3695 proposed by Mr. ways to improve the data sharing between SEC. lll. None of the amounts appro- the Centers for Medicare & Medicaid Serv- priated or otherwise made available by this SHELBY to the bill H.R. 6157, making ices and the Social Security Administration Act, or by any other Act, may be obligated appropriations for the Department of in order to reduce improper payments under or expended to construct or operate any Defense for the fiscal year ending Sep- the Medicaid program. Family Residential Center or other family tember 30, 2019, and for other purposes; (b) REPORT.—Not later than 1 year after detention center or facility for immigrants. which was ordered to lie on the table; the date of enactment of this Act, the Sec- retary of Health and Human Services shall SA 3930. Mr. BLUMENTHAL (for as follows: At the appropriate place in title VIII of di- submit to Congress a report on the study himself and Mr. MURPHY) submitted an conducted under subsection (a), together amendment intended to be proposed to vision A, insert the following: SEC. lll. None of the funds appropriated with recommendations for such legislation amendment SA 3695 proposed by Mr. or otherwise made available by title III of and administrative action as the Secretary SHELBY to the bill H.R. 6157, making this division for procurement may be used to determines appropriate. appropriations for the Department of procure BLU–137 ordnance until the Sec- (c) WITHHOLD OF FUNDS UNTIL STUDY INITI- Defense for the fiscal year ending Sep- retary of Defense submits to the congres- ATED.—None of the funds appropriated or tember 30, 2019, and for other purposes; sional defense committees a written certifi- otherwise made available to the Secretary of cation that— Health and Human Services under this divi- which was ordered to lie on the table; sion may be obligated or expended until the as follows: (1) the bid contract for procurement of such ordnance has been awarded to the low- Secretary initiates the study under sub- At the appropriate place in title II of divi- est bidders; section (a). sion B, insert the following: (2) the bid contract for procurement of SEC. ll. The Secretary of Health and such ordnance has been awarded to two or SA 3938. Mr. GRAHAM (for himself, Human Services shall utilize $5,000,000 of more offerors in order to maintain price Mr. MENENDEZ, Mr. GARDNER, Mr. amount appropriated under this title to es- competition and assured supply for all future CARDIN, Mr. MCCAIN, and Mrs. SHA- tablish an emergency fund to be available for task orders under the contract.; and HEEN) submitted an amendment in- purchases of the overdose reversal drug, (3) no awardee is under the ownership, con- tended to be proposed to amendment naloxone by States that are at risk for ex- trol, or influence of— hausting State resources for such purchases. SA 3695 proposed by Mr. SHELBY to the (A) any foreign person; or bill H.R. 6157, making appropriations (B) any individual subject to sanctions by SA 3931. Mr. BLUMENTHAL (for the United States. for the Department of Defense for the himself, Mr. MARKEY, Mr. UDALL, Mr. fiscal year ending September 30, 2019, SCHATZ, Mr. BOOKER, and Mr. BROWN) SA 3935. Mr. TOOMEY submitted an and for other purposes; which was or- submitted an amendment intended to amendment intended to be proposed to dered to lie on the table; as follows:

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.030 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5838 CONGRESSIONAL RECORD — SENATE August 22, 2018 At the end, add the following: Subtitle B—Coordination With the European to return Crimea to the control of the Gov- DIVISION C—DEFENDING AMERICAN Union ernment of Ukraine, end its support for sepa- SECURITY FROM KREMLIN AGGRESSION Sec. 611. Sense of Congress on coordination ratist violence in eastern Ukraine, end its SECTION 1. SHORT TITLE; TABLE OF CONTENTS. with allies with respect to sanc- occupation of and support for separatists on the territory of Georgia and Moldova, and (a) SHORT TITLE.—This division may be tions with respect to the Rus- cited as the ‘‘Defending American Security sian Federation. cease enabling the brutal regime of Bashar from Kremlin Aggression Act of 2018’’. Sec. 612. Office of Sanctions Coordination of al-Assad in Syria to commit war crimes; (b) TABLE OF CONTENTS.—The table of con- the Department of State. (3) the President should unequivocally contents for this division is as follows: Sec. 613. Report on coordination of sanc- demn and counter the ongoing interference in United States institutions and democratic Sec. 1. Short title; table of contents. tions between the United States Sec. 2. Sense of Congress. and European Union. processes by the President of the Russian Sec. 3. Statement of policy on Crimea. Subtitle C—Reports Relating to Sanctions Federation, Vladimir Putin, his government, and affiliates of his government; TITLE I—MATTERS RELATING TO NORTH With Respect to the Russian Federation (4) the conclusion of the United States in- ATLANTIC TREATY ORGANIZATION Sec. 621. Definitions. telligence community and law enforcement Subtitle A—Opposition of the Senate to Sec. 622. Updated report on oligarchs and parastatal entities of the Rus- agencies and other United States Govern- Withdrawal From NATO ment officials that the Russian Federation Sec. 101. Opposition of the Senate to with- sian Federation. Sec. 623. Report on the personal net worth has perpetrated, and continues to perpetrate, drawal from North Atlantic and assets of Vladimir Putin. such interference, is correct; Treaty. Sec. 624. Report on section 224 of the Coun- (5) the United States should continue to Sec. 102. Limitation on use of funds. participate actively as a member of the Sec. 103. Authorization for Senate Legal tering America’s Adversaries Through Sanctions Act. North Atlantic Treaty Organization by— Counsel to represent Senate in (A) upholding the Organization’s core prin- opposition to withdrawal from Sec. 625. Report on section 225 of the Coun- tering America’s Adversaries ciples of collective defense, democratic rule the North Atlantic Treaty. of law, and peaceful settlement of disputes; Sec. 104. Reporting requirement. Through Sanctions Act. Sec. 626. Report on section 226 of the Coun- (B) boosting coordination and deterrence Subtitle B—Strengthening the NATO tering America’s Adversaries capacity among member countries; and Alliance Through Sanctions Act. (C) supporting accession processes of pro- Sec. 111. Report on NATO alliance resilience Sec. 627. Report on section 228 of the Coun- spective member countries who meet the ob- and United States diplomatic tering America’s Adversaries ligations of membership. posture. Through Sanctions Act. (6) Congress reiterates its strong support Sec. 112. Expedited NATO excess defense ar- Sec. 628. Report on Section 233 of the Coun- for the Russia Sanctions Review Act of 2017 ticles transfer program. tering America’s Adversaries (22 U.S.C. 9511), which allows for congres- Sec. 113. Appropriate congressional commit- Through Sanctions Act. sional review of an action to waive the appli- tees defined. Sec. 629. Report on section 234 of the Coun- cation of sanctions under the provisions of TITLE II—MATTERS RELATING TO THE tering America’s Adversaries the Countering America’s Adversaries DEPARTMENT OF STATE Through Sanctions Act. Through Sanctions Act (Public Law 115–44; Subtitle A—Public Diplomacy Modernization Subtitle D—General Provisions 131 Stat. 886) relating to the Russian Federa- tion or a licensing action that significantly Sec. 201. Avoiding duplication of programs Sec. 631. Exception relating to activities of alters United States foreign policy with re- and efforts. the National Aeronautics and gard to the Russian Federation; and Sec. 202. Improving research and evaluation Space Administration. (7) sanctions imposed with respect to the of public diplomacy. Sec. 632. Rule of construction. Russian Federation have been most effective Subtitle B—Other Matters TITLE VII—OTHER MATTERS RELATING when developed and coordinated in close con- Sec. 211. Department of State responsibil- TO THE RUSSIAN FEDERATION sultation with the European Union. ities with respect to cyberspace Sec. 701. Determination on designation of SEC. 3. STATEMENT OF POLICY ON CRIMEA. policy. the Russian Federation as a Sec. 212. Sense of Congress. state sponsor of terrorism. It is the policy of the Unites States that— TITLE III—CHEMICAL WEAPONS Sec. 702. Expansion of geographic targeting (1) the United States will never recognize NONPROLIFERATION orders of Financial Crimes En- the illegal annexation of Crimea by the Rus- Sec. 301. Short title. forcement Network. sian Federation, similar to the 1940 Welles Sec. 302. Findings. Sec. 703. Extension of limitations on impor- Declaration in which the United States re- Sec. 303. Statement of policy. tation of uranium from Russian fused to recognized the Soviet annexation of Sec. 304. Report on use of chemical weapons Federation. the Baltic States; by the Russian Federation. Sec. 704. Establishment of a National Fusion (2) Crimea is part of the sovereign terri- Sec. 305. Authorization of appropriations. Center to respond to threats tory of Ukraine; Sec. 306. Chemical Weapons Convention de- from the Government of the (3) Crimea is part of Ukraine and the fined. Russian Federation. United States rejects attempts to change the TITLE IV—INTERNATIONAL Sec. 705. Countering Russian Influence status, demographics, or political nature of CYBERCRIME PREVENTION ACT Fund. Crimea; Sec. 706. Coordinating aid and assistance Sec. 401. Short title. (4) the United States reaffirms its unwav- Sec. 402. Predicate offenses. across Europe and Eurasia. ering support for democracy, human rights, Sec. 403. Forfeiture. Sec. 707. Addressing abuse and misuse by the and the rule of law for all individuals in Cri- Sec. 404. Shutting down botnets. Russian Federation of mea, including non-Russian ethnic groups Sec. 405. Aggravated damage to a critical in- INTERPOL red notices and red and religious minorities; frastructure computer. diffusions. (5) the United States condemns all human Sec. 406. Stopping trafficking in botnets; Sec. 708. Report on accountability for war rights violations against individuals in Cri- forfeiture. crimes and crimes against hu- mea, and underscores the culpability of the manity by the Russian Federa- TITLE V—COMBATING ELECTION Government of the Russian Federation for tion in Syria. INTERFERENCE such violations while the territory of Crimea Sec. 709. Report on activities of the Russian is under illegal Russian occupation; Sec. 501. Prohibition on interference with Federation in Syria. (6) the United States, in coordination with voting systems. Sec. 710. Sense of Congress on responsibility the European Union, the North Atlantic Sec. 502. Inadmissibility of aliens seeking to of technology companies for Treaty Organization, and members of the interfere in United States elec- state-sponsored disinformation. international community, should prioritize tions. SEC. 2. SENSE OF CONGRESS. efforts to prevent the further consolidation TITLE VI—SANCTIONS WITH RESPECT TO It is the sense of Congress that— of illegal occupying powers in Crimea, reaf- THE RUSSIAN FEDERATION (1) the President should immediately mar- firm unified opposition to the actions of the Subtitle A—Expansion of Countering Amer- shal and support a whole-of-government re- Russian Federation in Crimea, and secure ica’s Adversaries Through Sanctions Act sponse by Federal agencies to address the the human rights of individuals there; and Sec. 601. Imposition of additional sanctions threat posed by the Government of the Rus- (7) the United States welcomes the sanc- with respect to the Russian sian Federation and to work to prevent in- tions that have been imposed and main- Federation. terference by that Government and other tained as of the date of the enactment of this Sec. 602. Congressional review and continued foreign state actors in United States institu- Act by the United States and the European applicability of sanctions under tions and democratic processes; Union against persons engaged in furthering the Sergei Magnitsky Rule of (2) the President should publicly call for the illegal occupation of Crimea by the Rus- Law Accountability Act of 2012. the Government of the Russian Federation sian Federation.

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.048 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5839 TITLE I—MATTERS RELATING TO NORTH countries in the NATO alliance, with par- (iii) the total weight of the transfer does ATLANTIC TREATY ORGANIZATION ticular emphasis on the foreign policy bene- not exceed 50,000 pounds; and Subtitle A—Opposition of the Senate to fits as it pertains to those member states (iv) such transportation is accomplished on Withdrawal From NATO currently purchasing defense articles or a space available basis. services from the Russian Federation. SEC. 113. APPROPRIATE CONGRESSIONAL COM- SEC. 101. OPPOSITION OF THE SENATE TO WITH- (b) PERIOD FOR REVIEW BY CONGRESS OF MITTEES DEFINED. DRAWAL FROM NORTH ATLANTIC RECOMMENDATIONS FOR EDA TRANSFER TO In this title, the term ‘‘appropriate con- TREATY. NATO MEMBERS.—During the 30-calendar gressional committees’’ means— The Senate opposes any effort to withdraw day period following submission by the Sec- (1) the Committee on Foreign Relations, the United States from the North Atlantic retary of Defense of the report required the Committee on Armed Services, and the Treaty, done at Washington, D.C., April 4, under subsection (a), the Committee on For- Committee on Appropriations of the Senate; 1949. eign Relations of the Senate and the Com- and SEC. 102. LIMITATION ON USE OF FUNDS. mittee on Foreign Affairs of the House of (2) the Committee on Foreign Affairs, the No funds authorized or appropriated by Representatives shall, as appropriate, hold Committee on Armed Services, and the Com- any Act may be used to support, directly or hearings and briefings and otherwise obtain mittee on Appropriations of the House of indirectly, any efforts on the part of any information in order to fully review the rec- Representatives. United States Government official to take ommendations included in the report. TITLE II—MATTERS RELATING TO THE (c) TRANSFER AUTHORITY.—The President is steps to withdraw the United States from DEPARTMENT OF STATE the North Atlantic Treaty, done at Wash- authorized to transfer such excess defense Subtitle A—Public Diplomacy Modernization ington, D.C., April 4, 1949, until such time as articles in a fiscal year as the Secretary of the Senate passes, by an affirmative vote of Defense recommends pursuant to this sec- SEC. 201. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS. two-thirds of Members, a resolution advising tion to countries for which receipt of such articles was justified pursuant to the annual The Under Secretary for Public Diplomacy and consenting to the withdrawal of the and Public Affairs of the Department of United States from the treaty. congressional presentation documents for military assistance programs, or for which State shall— SEC. 103. AUTHORIZATION FOR SENATE LEGAL receipt of such articles was separately justi- (1) identify opportunities for greater effi- COUNSEL TO REPRESENT SENATE IN fied to Congress, for such fiscal year. ciency of operations, including through im- OPPOSITION TO WITHDRAWAL FROM proved coordination of efforts across public THE NORTH ATLANTIC TREATY. (d) LIMITATIONS ON TRANSFERS.—The Presi- diplomacy bureaus and offices of the Depart- The Senate Legal Counsel is authorized to dent may transfer excess defense articles under this section only if— ment; and represent the Senate in initiating or inter- (1) such articles are drawn from existing (2) maximize shared use of resources be- vening in any judicial proceedings in any stocks of the Department of Defense; tween, and within, such public diplomacy bu- Federal court of competent jurisdiction, on (2) funds available to the Department of reaus and offices in cases in which programs, behalf of the Senate, in order to oppose any Defense for the procurement of defense facilities, or administrative functions are withdrawal of the United States from the equipment are not expended in connection duplicative or substantially overlapping. North Atlantic Treaty in the absence of the with the transfer; SEC. 202. IMPROVING RESEARCH AND EVALUA- passage by the Senate of a resolution de- (3) the President determines that the TION OF PUBLIC DIPLOMACY. scribed in section 102. transfer of such articles will not have an ad- (a) IN GENERAL.—The Secretary of State SEC. 104. REPORTING REQUIREMENT. verse impact on the military readiness of the shall— The Senate Legal Counsel shall report as United States; (1) conduct regular research and evaluation soon as practicable to the Committee on (4) with respect to a proposed transfer of of public diplomacy programs and activities Foreign Relations of the Senate with respect such articles on a grant basis, the President of the Department, including through the to any judicial proceedings which the Senate determines that the transfer is preferable to routine use of audience research, digital ana- Legal Counsel initiates or in which it inter- a transfer on a sales basis, after taking into lytics, and impact evaluations, to plan and venes pursuant to this title. account the potential proceeds from, and execute such programs and activities; and Subtitle B—Strengthening the NATO Alliance likelihood of, such sales, and the compara- (2) make the findings of the research and tive foreign policy benefits that may accrue evaluations conducted under paragraph (1) SEC. 111. REPORT ON NATO ALLIANCE RESIL- available to Congress. IENCE AND UNITED STATES DIPLO- to the United States as the result of a trans- (b) DIRECTOR OF RESEARCH AND EVALUA- MATIC POSTURE. fer on either a grant or sales basis; and TION.— (a) IN GENERAL.—Not later than 90 days (5) the President determines that the (1) APPOINTMENT.—Not later than 90 days after the date of the enactment of this Act, transfer of such articles will not have an ad- verse impact on the national technology and after the date of the enactment of this Act, and every 90 days thereafter, the Secretary the Secretary shall appoint a Director of Re- of State, in consultation with the Secretary industrial base and, particularly, will not reduce the opportunities of entities in the na- search and Evaluation in the Office of Pol- of Defense, shall submit a report to the ap- icy, Planning, and Resources for the Under propriate congressional committees pro- tional technology and industrial base to sell new or used equipment to the countries to Secretary for Public Diplomacy and Public viding an assessment of the threats and chal- Affairs. lenges facing the NATO alliance and United which such articles are transferred. (e) TERMS OF TRANSFERS.— (2) LIMITATION ON APPOINTMENT.—The ap- States diplomatic posture. (1) NO COST TO RECIPIENT COUNTRY.—Excess pointment of a Director of Research and (b) ELEMENTS.—The report required under defense articles may be transferred under Evaluation pursuant to paragraph (1) shall subsection (a) shall include the following ele- this section without cost to the recipient not result in an increase in the overall full- ments: country. time equivalent positions within the Depart- (1) A review of current and emerging (2) PRIORITY.—Notwithstanding any other ment. United States national security interests in provision of law, the delivery of excess de- (3) RESPONSIBILITIES.—The Director of Re- the NATO area of responsibility. fense articles under this section to member search and Evaluation shall— (2) A review of current United States polit- countries of NATO that still purchase de- (A) coordinate and oversee the research ical and diplomatic engagement and polit- fense goods and services from the Russian and evaluation of public diplomacy programs ical-military coordination with NATO and Federation and pledge to decrease such pur- of the Department of State— NATO member states. chases shall be given priority to the max- (i) to improve public diplomacy strategies (3) Options for the realignment of United imum extent feasible over the delivery of and tactics; and States engagement with NATO to respond to such excess defense articles to other coun- (ii) to ensure that programs are increasing new threats and challenges presented by the tries. the knowledge, understanding, and trust of Government of the Russian Federation to (3) TRANSPORTATION AND RELATED COSTS.— the United States amon relevant target audi- the NATO alliance, as well as new opportuni- (A) IN GENERAL.—Except as provided in ences; ties presented by allies and partners. subparagraph (B), funds available to the De- (B) report to the Director of Policy and (4) The views of counterpart governments, partment of Defense may not be expended for Planning in the Office of Policy, Planning, including heads of state, heads of govern- crating, packing, handling, and transpor- and Resources under the Under Secretary for ment, political leaders, and military com- tation of excess defense articles transferred Public Diplomacy and Public Affairs of the manders in the region. under the authority of this section. Department; SEC. 112. EXPEDITED NATO EXCESS DEFENSE AR- (B) EXCEPTION.—The President may pro- (C) routinely organize and oversee audi- TICLES TRANSFER PROGRAM. vide for the transportation of excess defense ence research, digital analytics, and impact (a) REPORT.—Not later than 60 days after articles without charge to a country for the evaluations across all public diplomacy bu- the date of the enactment of this Act, the costs of such transportation if— reaus and offices of the Department; Secretary of Defense, in consultation with (i) it is determined that it is in the na- (D) support embassy public affairs sec- the Secretary of State, shall submit to the tional interest of the United States to do so; tions; appropriate congressional committees a re- (ii) the recipient is a NATO member state (E) share appropriate public diplomacy report with recommendations regarding the currently purchasing defense goods and serv- search and evaluation information within need for and suitability of transferring ex- ices from the Russian Federation that has the Department and with other Federal de- cess defense articles under this section to pledged to reduce such purchases; partments and agencies;

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.048 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5840 CONGRESSIONAL RECORD — SENATE August 22, 2018 (F) regularly design and coordinate stand- lect, use, and disseminate records (as such scribe, including implementing the United ardized research questions, methodologies, term is defined in section 552a(a)(4) of title 5, States international cyberspace policy strat- and procedures to ensure that public diplo- United States Code) for research and data egy issued by the Department of State in macy activities across all public diplomacy analysis of public diplomacy efforts intended March 2016 pursuant to section 402 of the Cy- bureaus and offices are designed to meet ap- for foreign audiences. Such research and bersecurity Act of 2015 (division N of Public propriate foreign policy objectives; and data analysis shall be reasonably tailored to Law 114–113; 129 Stat. 2978). (G) report biannually to the United States meet the purposes of this subsection and ‘‘(B) DUTIES DESCRIBED.—The principal du- Advisory Commission on Public Diplomacy, shall be carried out with due regard for pri- ties and responsibilities of the head of the through the Commission’s Subcommittee on vacy and civil liberties guidance and over- Office shall be— Research and Evaluation established pursu- sight. ‘‘(i) to serve as the principal cyber policy ant to subsection (f), regarding the research (f) ADVISORY COMMISSION ON PUBLIC DIPLO- official within the senior management of the and evaluation of all public diplomacy bu- MACY.— Department of State and as the advisor to reaus and offices of the Department. (1) SUBCOMMITTEE FOR RESEARCH AND EVAL- the Secretary of State for cyber issues; (4) GUIDANCE AND TRAINING.—Not later than UATION.—The Advisory Commission on Pub- ‘‘(ii) to lead the Department of State’s dip- one year after the appointment of the Direc- lic Diplomacy shall establish a Sub- lomatic cyberspace efforts, including efforts tor of Research and Evaluation pursuant to committee for Research and Evaluation to relating to international cybersecurity, paragraph (1), the Director shall create guid- monitor and advise on the research and eval- Internet access, Internet freedom, digital ance and training for all public diplomacy uation activities of the Department and the economy, cybercrime, deterrence and inter- officers regarding the reading and interpre- Broadcasting Board of Governors. national responses to cyber threats, and (2) REPORT.—The Subcommittee for Re- tation of public diplomacy program evalua- other issues that the Secretary assigns to search and Evaluation established pursuant tion findings to ensure that such findings the Office; and lessons learned are implemented in the to paragraph (1) shall submit an annual re- ‘‘(iii) to promote an open, interoperable, planning and evaluation of all public diplo- port to Congress in conjunction with the reliable, unfettered, and secure information macy programs and activities throughout Commission on Public Diplomacy’s Com- and communications technology infrastruc- the Department. prehensive Annual Report on the perform- ture globally; (c) PRIORITIZING RESEARCH AND EVALUA- ance of the Department and the Broad- ‘‘(iv) to represent the Secretary of State in TION.— casting Board of Governors in carrying out interagency efforts to develop and advance (1) IN GENERAL.—The Director of Policy, research and evaluations of their respective cyberspace policy described in subparagraph Planning, and Resources shall ensure that public diplomacy programming. (A); research and evaluation, as coordinated and (3) REPEAL OF SUNSET.—Section 1334 of the overseen by the Director of Research and Foreign Affairs Reform and Restructuring ‘‘(v) to coordinate cyberspace efforts and Evaluation, supports strategic planning and Act of 1998 (22 U.S.C. 6553) is hereby repealed. other relevant functions, including countering terrorists’ use of cyberspace, within resource allocation across all public diplo- (g) DEFINITIONS.—In this section: macy bureaus and offices of the Department. (1) AUDIENCE RESEARCH.—The term ‘‘audi- the Department of State and with other (2) ALLOCATION OF RESOURCES.—Amounts ence research’’ means research conducted at components of the United States Govern- allocated for the purposes of research and the outset of a public diplomacy program or ment; evaluation of public diplomacy programs and campaign planning and design on specific au- ‘‘(vi) to act as a liaison to public and pri- activities pursuant to subsection (a) shall be dience segments to understand the attitudes, vate sector entities on relevant cyberspace made available to be disbursed at the direc- interests, knowledge, and behaviors of such issues; tion of the Director of Research and Evalua- audience segments. ‘‘(vii) to lead United States Government ef- tion among the research and evaluation staff (2) DIGITAL ANALYTICS.—The term ‘‘digital forts to establish a global deterrence frame- across all public diplomacy bureaus and of- analytics’’ means the analysis of qualitative work; fices of the Department. and quantitative data, accumulated in dig- ‘‘(viii) to develop and execute adversary- (3) SENSE OF CONGRESS.—It is the sense of ital format, to indicate the outputs and out- specific strategies to influence adversary de- Congress that— comes of a public diplomacy program or cisionmaking through the imposition of (A) the Under Secretary for Public Diplo- campaign. costs and deterrence strategies; macy and Public Affairs of the Department (3) IMPACT EVALUATION.—The term ‘‘impact ‘‘(ix) to advise the Secretary and coordi- of State should coordinate the human and fi- evaluation’’ means an assessment of the nate with foreign governments on external nancial resources that support the Depart- changes in the audience targeted by a public responses to national security level cyber in- ment’s public diplomacy and public affairs diplomacy program or campaign that can be cidents, including coordination on diplo- programs and activities; attributed to such program or campaign. matic response efforts to support allies (B) proposals or plans related to resource (4) PUBLIC DIPLOMACY BUREAUS AND OF- threatened by malicious cyber activity, in allocations for public diplomacy bureaus and FICES.—The term ‘‘public diplomacy bureaus conjunction with members of the North At- offices should be routed through the Office of and offices’’ means the Bureau of Edu- lantic Treaty Organization and other like- the Under Secretary for Public Diplomacy cational and Cultural Affairs, the Bureau of minded countries; and Public Affairs for review and clearance; Public Affairs, the Bureau of International ‘‘(x) to promote the adoption of national and Information Programs, the Office of Policy, processes and programs that enable threat (C) the Department should allocate, for the Planning, and Resources, the Global Engage- detection, prevention, and response to mali- purposes of research and evaluation of public ment Center, and the public diplomacy func- cious cyber activity emanating from the ter- diplomacy activities and programs pursuant tions within the regional and functional bu- ritory of a foreign country, including as such to subsection (a)— reaus. activity relates to the United States’ Euro- (i) 3 to 5 percent of program funds made Subtitle B—Other Matters pean allies, as appropriate; available under the heading ‘‘EDUCATIONAL ‘‘(xi) to promote the building of foreign ca- SEC. 211. DEPARTMENT OF STATE RESPONSIBIL- AND CULTURAL EXCHANGE PROGRAMS’’; and ITIES WITH RESPECT TO CYBER- pacity to protect the global network with (ii) 3 to 5 percent of program funds allo- SPACE POLICY. the goal of enabling like-minded participa- cated for public diplomacy programs under (a) OFFICE OF CYBERSPACE AND THE DIGITAL tion in deterrence frameworks; the heading ‘‘DIPLOMATIC AND CONSULAR PRO- ECONOMY.—Section 1 of the State Depart- ‘‘(xii) to promote the maintenance of an GRAMS’’. ment Basic Authorities Act of 1956 (22 U.S.C. open and interoperable Internet governed by (d) LIMITED EXEMPTION.—Chapter 35 of title 2651a) is amended— the multi-stakeholder model, instead of by 44, United States Code (commonly known as (1) by redesignating subsection (g) as sub- centralized government control; the ‘‘Paperwork Reduction Act’’) shall not section (h); and ‘‘(xiii) to promote an international regu- apply to collections of information directed latory environment for technology invest- at foreign individuals conducted by, or on be- (2) by inserting after subsection (f) the following: ments and the Internet that benefits United half of, the Department of State for the pur- States economic and national security inter- pose of audience research, monitoring, and ‘‘(g) OFFICE OF CYBERSPACE AND THE DIG- ests; evaluations, and in connection with the De- ITAL ECONOMY.— ‘‘(xiv) to promote cross border flow of data partment’s activities conducted pursuant to ‘‘(1) IN GENERAL.—There is established, the United States Information and Edu- within the Department of State, an Office of and combat international initiatives seeking cational Exchange Act of 1948 (22 U.S.C. 1431 Cyberspace and the Digital Economy (re- to impose unreasonable requirements on et seq.), the Mutual Educational and Cul- ferred to in this subsection as the ‘Office’). United States businesses; tural Exchange Act of 1961 (22 U.S.C. 2451 et The head of the Office shall have the rank ‘‘(xv) to promote international policies to seq.), section 1287 of the National Defense and status of ambassador and shall be ap- protect the integrity of United States and Authorization Act for Fiscal Year 2017 (Pub- pointed by the President, by and with the ad- international telecommunications infra- lic Law 114–328; 22 U.S.C. 2656 note), or the vice and consent of the Senate. structure from foreign-based, cyber-enabled Foreign Assistance Act of 1961 (22 U.S.C. 2151 ‘‘(2) DUTIES.— threats; et seq.). ‘‘(A) IN GENERAL.—The head of the Office ‘‘(xvi) to serve as the interagency coordi- (e) LIMITED EXEMPTION TO THE PRIVACY shall perform such duties and exercise such nator for the United States Government on ACT.—The Department shall maintain, col- powers as the Secretary of State shall pre- engagement with foreign governments on

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SHORT TITLE. tions and the OPCW to investigate chemical needs; This title may be cited as the ‘‘Chemical weapons attacks and to designate perpetra- ‘‘(xviii) to promote and protect the exer- Weapons Nonproliferation Act of 2018’’. tors of such attacks by— cise of human rights, including freedom of SEC. 302. FINDINGS. (A) highlighting within international fora, speech and religion, through the Internet; Congress makes the following findings: including the United Nations General Assem- ‘‘(xix) to build capacity of United States (1) The international norm against the use bly and the OPCW, the repeated efforts of diplomatic officials to engage on cyber of chemical weapons has severely eroded the Government of the Russian Federation issues; since 2012. At least 4 actors between 2012 and to degrade international efforts to inves- ‘‘(xx) to encourage the development and the date of the enactment of this Act have tigate chemical weapons attacks; and adoption by foreign countries of internation- used chemical weapons: Syria, North Korea, (B) consulting with allies and partners of ally recognized standards, policies, and best the Russian Federation, and the Islamic the United States with respect to methods practices; and State of Iraq and the Levant in Iraq and for strengthening the investigative mecha- ‘‘(xxi) to promote and advance inter- Syria. nisms of the OPCW; national policies that protect individuals’ (2) On March 4, 2018, the Government of the (5) to examine additional avenues for in- private data. Russian Federation knowingly used vestigating, identifying, and holding ac- ‘‘(3) QUALIFICATIONS.—The head of the Of- novichok, a lethal chemical agent, in an at- countable chemical weapons users if the fice should be an individual of demonstrated tempt to kill former Russian military intel- Government of the Russian Federation con- competency in the fields of— ligence officer Sergei Skripal and his daugh- tinues in its attempts to block or hinder in- ‘‘(A) cybersecurity and other relevant ter Yulia, in Salisbury, United Kingdom. vestigations of the OPCW; and cyber issues; and (3) On June 27, 2018, the Organisation for (6) to punish the Government of the Rus- ‘‘(B) international diplomacy. the Prohibition of Chemical Weapons (in this sian Federation for, and deter that Govern- ‘‘(4) ORGANIZATIONAL PLACEMENT.— title referred to as the ‘‘OPCW’’), during its ment from, any chemical weapons produc- ‘‘(A) INITIAL PLACEMENT.—During the 4- Fourth Special Session of the Conference of tion and use through the imposition of sanc- year period beginning on the date of the en- the States Parties to the Chemical Weapons tions, diplomatic isolation, and the use of actment of the Defending American Security Convention, voted favorably in adopting a the mechanisms specified in the Chemical from Kremlin Aggression Act of 2018, the decision to ‘‘put in place arrangements to Weapons Convention for violations of the head of the Office shall report to the Under identify the perpetrators of the use of chem- Convention. Secretary for Political Affairs or to an offi- ical weapons in the Syrian Arab Republic by SEC. 304. REPORT ON USE OF CHEMICAL WEAP- cial holding a higher position than the Under identifying and reporting on all information ONS BY THE RUSSIAN FEDERATION. Secretary for Political Affairs in the Depart- potentially relevant to the origin of those Not later than 30 days after the date of the ment of State. chemical weapons in those instances in enactment of this Act, and annually there- ‘‘(B) SUBSEQUENT PLACEMENT.—After the which the OPCW Fact-Finding Mission in after, the Legal Adviser of the Department conclusion of the 4-year period referred to in Syria determines or has determined that use of State shall submit to the Committee on subparagraph (A), the head of the Office shall or likely use occurred, and cases for which Foreign Relations of the Senate and the report to— the OPCW–UN Joint Investigative Mecha- Committee on Foreign Affairs of the House ‘‘(i) an appropriate Under Secretary; or nism has not issued a report; and decide[d] of Representatives a report that includes an ‘‘(ii) an official holding a higher position also that the Secretariat shall provide reg- assessment of— than Under Secretary. ular reports on its investigations to the (1) whether the certification of the non- ‘‘(5) RULE OF CONSTRUCTION.—Nothing in Council and to the United Nations Sec- compliance of the Russian Federation with this subsection may be construed to pre- retary-General for their consideration’’. the Chemical Weapons Convention in the re- clude— (4) The Government of the Russian Federa- port of the Department of State entitled ‘‘(A) the Office from being elevated to a tion attempted to impede the adoption of the ‘‘Adherence to and Compliance with Arms Bureau within the Department of State; or identification mechanism in the Fourth Spe- Control, Nonproliferation, and Disarmament ‘‘(B) the head of the Office from being ele- cial Session of the Conference of the States Agreements and Commitments’’, submitted vated to an Assistant Secretary, if such an Parties to the Chemical Weapons Conven- to Congress pursuant to section 403 of the Assistant Secretary position does not in- tion, and has repeatedly worked to degrade Arms Control and Disarmament Act (22 crease the number of Assistant Secretary po- the OPCW’s ability to identify chemical U.S.C. 2593a), and dated April 2018, is a legal sitions at the Department above the number weapons users. determination of the use of chemical weap- authorized under subsection (c)(1).’’. (5) The Government of the Russian Federa- ons by the Government of the Russian Fed- (b) SENSE OF CONGRESS.—It is the sense of tion has shown itself to be unwilling or in- eration; Congress that the Office of Cyberspace and (2) whether the mandatory sanctions re- the Digital Economy established under sec- capable of compelling the President of Syria, quired by the Chemical and Biological Weap- tion 1(g) of the State Department Basic Au- Bashar al-Assad, an ally of the Russian Fed- ons and Warfare Elimination Act of 1991 (22 thorities Act of 1956, as added by subsection eration, to stop using chemical weapons U.S.C. 5601 et seq.) have been imposed with (a)— against the civilian population in Syria. respect to the Russian Federation; and (1) should be a Bureau of the Department (6) The United States remains steadfast in (3) whether the Government of the Russian of State headed by an Assistant Secretary, its commitment to its key ally the United Federation has taken any steps to avoid ad- subject to the rule of construction specified Kingdom, its commitment to the mutual de- ditional sanctions required by that Act within paragraph (5)(B) of such section 1(g); and fense of the North Atlantic Treaty Organiza- in the 3-month period specified in section (2) should coordinate with other bureaus of tion, and its commitment to the Chemical 307(b)(1) of that Act (22 U.S.C. 5605(b)(1)) the Department of State and use all tools at Weapons Convention. after a determination of the use of chemical the disposal of the Office to combat activi- (7) Thirty-four countries, including the weapons under section 306(a)(1) of that Act ties taken by the Russian Federation, or on United States, have joined the International (22 U.S.C. 5604(a)(1)). behalf of the Russian Federation, to under- Partnership against Impunity for the use of mine the cybersecurity and democratic val- Chemical Weapons, which represents a polit- SEC. 305. AUTHORIZATION OF APPROPRIATIONS. ues of the United States and other nations. ical commitment by participating countries (a) IN GENERAL.—There are authorized to (c) UNITED NATIONS.—The Permanent Rep- to hold to account persons responsible for be appropriated to the Secretary of State resentative of the United States to the the use of chemical weapons. $30,000,000 for each of fiscal years 2019 United Nations should use the voice, vote, SEC. 303. STATEMENT OF POLICY. through 2023, to be provided to the OPCW as and influence of the United States to oppose It shall be the policy of the United a voluntary contribution pursuant to section any measure that is inconsistent with the States— 301(a) of the Foreign Assistance Act of 1961 United States international cyberspace pol- (1) to protect and defend the interests of (22 U.S.C. 2221(a)) for the purpose of icy strategy issued by the Department of the United States, allies of the United strengthening the OPCW’s investigative and State in March 2016 pursuant to section 402 States, and the international community at identification mechanisms for chemical of the Cybersecurity Act of 2015 (division N large from the continuing threat of chemical weapons attacks. of Public Law 114–113; 129 Stat. 2978). weapons and their proliferation; (b) AVAILABILITY OF FUNDS.—Amounts au- SEC. 212. SENSE OF CONGRESS. (2) to maintain a steadfast commitment to thorized to be appropriated pursuant to sub- It is the sense of Congress that— the Chemical Weapons Convention and the section (a) shall remain available until ex- (1) the Broadcasting Board of Governors OPCW; pended. and its grantee networks have a critical mis- (3) to promote and strengthen the inves- SEC. 306. CHEMICAL WEAPONS CONVENTION DE- sion to inform, engage, and connect people tigative and identification mechanisms of FINED. around the world in support of freedom and the OPCW through the provision of addi- In this title, the term ‘‘Chemical Weapons democracy; and tional resources and technical equipment to Convention’’ means the Convention on the

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Prohibition of the Development, Production, (b) TECHNICAL AND CONFORMING AMEND- ‘‘(c) CONSECUTIVE SENTENCE.—Notwith- Stockpiling and Use of Chemical Weapons MENT.—The table of sections for chapter 119 standing any other provision of law— and on their Destruction, done at Geneva is amended by striking the item relating to ‘‘(1) a court shall not place any person con- September 3, 1992, and entered into force section 2513 and inserting the following: victed of a violation of this section on proba- April 29, 1997. ‘‘2513. Confiscation of wire, oral, or election; TITLE IV—INTERNATIONAL CYBERCRIME tronic communication inter- ‘‘(2) except as provided in paragraph (4), no PREVENTION ACT cepting devices and other prop- term of imprisonment imposed on a person under this section shall run concurrently SEC. 401. SHORT TITLE. erty.’’. with any term of imprisonment imposed on This title may be cited as the ‘‘Inter- SEC. 404. SHUTTING DOWN BOTNETS. the person under any other provision of law, national Cybercrime Prevention Act’’. (a) AMENDMENT.—Section 1345 of title 18, United States Code, is amended— including any term of imprisonment imposed SEC. 402. PREDICATE OFFENSES. (1) in the heading, by inserting ‘‘and for the felony violation of section 1030; Part I of title 18, United States Code, is abuse’’ after ‘‘fraud’’; ‘‘(3) in determining any term of imprison- amended— (2) in subsection (a)— ment to be imposed for the felony violation (1) in section 1956(c)(7)(D)— (A) in paragraph (1)— of section 1030, a court shall not in any way (A) by striking ‘‘or section 2339D’’ and in- (i) in subparagraph (B), by striking ‘‘or’’ at reduce the term to be imposed for such viola- serting ‘‘section 2339D’’; and the end; tion to compensate for, or otherwise take (B) by striking ‘‘of this title, section 46502’’ (ii) in subparagraph (C), by inserting ‘‘or’’ into account, any separate term of imprison- and inserting ‘‘, or section 2512 (relating to after the semicolon; and ment imposed or to be imposed for a viola- the manufacture, distribution, possession, (iii) by inserting after subparagraph (C) the tion of this section; and and advertising of wire, oral, or electronic following: ‘‘(4) a term of imprisonment imposed on a communication intercepting devices) of this ‘‘(D) violating or about to violate section person for a violation of this section may, in title, section 46502’’; and 1030(a)(5) of this title where such conduct has the discretion of the court, run concurrently, (2) in section 1961(1), by inserting ‘‘section caused or would cause damage (as defined in in whole or in part, only with another term 1030 (relating to fraud and related activity in section 1030) without authorization to 100 or of imprisonment that is imposed by the connection with computers) if the act indict- more protected computers (as defined in sec- court at the same time on that person for an able under section 1030 is felonious,’’ before tion 1030) during any 1-year period, including additional violation of this section, if such ‘‘section 1084’’. by— discretion shall be exercised in accordance SEC. 403. FORFEITURE. ‘‘(i) impairing the availability or integrity with any applicable guidelines and policy (a) IN GENERAL.—Section 2513 of title 18, of the protected computers without author- statements issued by the United States Sen- United States Code, is amended to read as ization; or tencing Commission pursuant to section 994 follows: ‘‘(ii) installing or maintaining control over of title 28. ‘‘§ 2513. Confiscation of wire, oral, or elec- malicious software on the protected com- ‘‘(d) DEFINITIONS.—In this section— tronic communication intercepting devices puters that, without authorization, has ‘‘(1) the terms ‘computer’ and ‘damage’ and other property caused or would cause damage to the pro- have the meanings given the terms in sec- ‘‘(a) CRIMINAL FORFEITURE.— tected computers;’’; and tion 1030; and ‘‘(1) IN GENERAL.—The court, in imposing a (B) in paragraph (2), in the matter pre- ‘‘(2) the term ‘critical infrastructure’ sentence on any person convicted of a viola- ceding subparagraph (A), by inserting ‘‘, a means systems and assets, whether physical tion of section 2511 or 2512, or convicted of violation described in subsection (a)(1)(D),’’ or virtual, so vital to the United States that conspiracy to violate section 2511 or 2512, before ‘‘or a Federal’’; and the incapacity or destruction of such sys- shall order, in addition to any other sentence (3) by adding at the end the following: tems and assets would have catastrophic re- imposed and irrespective of any provision of ‘‘(c) A restraining order, prohibition, or gional or national effects on public health or State law, that such person forfeit to the other action described in subsection (b), if safety, economic security, or national secu- United States— issued in circumstances described in sub- rity, including voter registration databases, ‘‘(A) such person’s interest in any prop- section (a)(1)(D), may, upon application of voting machines, and other communications erty, real or personal, that was used or in- the Attorney General— systems that manage the election process or tended to be used to commit or to facilitate ‘‘(1) specify that no cause of action shall report and display results on behalf of State the commission of such violation; and lie in any court against a person for com- and local governments.’’. ‘‘(B) any property, real or personal, consti- plying with the restraining order, prohibi- (b) TABLE OF SECTIONS.—The table of sec- tuting or derived from any gross proceeds, or tion, or other action; and tions for chapter 47 of title 18, United States any property traceable to such property, ‘‘(2) provide that the United States shall Code, is amended by inserting after the item that such person obtained or retained di- pay to such person a fee for reimbursement relating to section 1030 the following: rectly or indirectly as a result of such viola- for such costs as are reasonably necessary ‘‘1030A. Aggravated damage to a critical in- tion. and which have been directly incurred in frastructure computer.’’. ‘‘(2) FORFEITURE PROCEDURES.—Pursuant to complying with the restraining order, prohi- SEC. 406. STOPPING TRAFFICKING IN BOTNETS; section 2461(c) of title 28, the provisions of bition, or other action.’’. FORFEITURE. section 413 of the Controlled Substances Act (b) TECHNICAL AND CONFORMING AMEND- Section 1030 of title 18, United States Code, (21 U.S.C. 853), other than subsection (d) MENT.—The table of sections for chapter 63 of is amended— thereof, shall apply to criminal forfeitures title 18, United States Code, is amended by (1) in subsection (a)— under this subsection. striking the item relating to section 1345 and (A) in paragraph (7), by adding ‘‘or’’ at the ‘‘(b) CIVIL FORFEITURE.— inserting the following: end; and ‘‘(1) IN GENERAL.—The following shall be ‘‘1345. Injunctions against fraud and abuse.’’. (B) by inserting after paragraph (7) the fol- subject to forfeiture to the United States in SEC. 405. AGGRAVATED DAMAGE TO A CRITICAL lowing: accordance with provisions of chapter 46 and INFRASTRUCTURE COMPUTER. ‘‘(8) intentionally traffics in the means of no property right shall exist in them: (a) IN GENERAL.—Chapter 47 of title 18, access to a protected computer, if— ‘‘(A) Any property, real or personal, used United States Code, is amended by inserting ‘‘(A) the trafficker knows or has reason to or intended to be used, in any manner, to after section 1030 the following: know the protected computer has been dam- commit, or facilitate the commission of a ‘‘§ 1030A. Aggravated damage to a critical in- aged in a manner prohibited by this section; violation of section 2511 or 2512, or a con- frastructure computer and spiracy to violate section 2511 or 2512. ‘‘(a) OFFENSE.—It shall be unlawful, during ‘‘(B) the promise or agreement to pay for ‘‘(B) Any property, real or personal, consti- and in relation to a felony violation of sec- the means of access is made by, or on behalf tuting, or traceable to the gross proceeds tion 1030, to knowingly cause or attempt to of, a person the trafficker knows or has rea- taken, obtained, or retained in connection cause damage to a critical infrastructure son to know intends to use the means of ac- with or as a result of a violation of section computer, if such damage results in (or, in cess to— 2511 or 2512, or a conspiracy to violate sec- the case of an attempted offense, would, if ‘‘(i) damage a protected computer in a tion 2511 or 2512. completed, have resulted in) the substantial manner prohibited by this section; or ‘‘(2) FORFEITURE PROCEDURES.—Seizures impairment— ‘‘(ii) violate section 1037 or 1343;’’; and forfeitures under this subsection shall be ‘‘(1) of the operation of the critical infra- (2) in subsection (c)(3)— governed by the provisions of chapter 46, re- structure computer; or (A) in subparagraph (A), by striking ‘‘(a)(4) lating to civil forfeitures, except that such ‘‘(2) of the critical infrastructure associ- or (a)(7)’’ and inserting ‘‘(a)(4), (a)(7), or duties as are imposed on the Secretary of the ated with such computer. (a)(8)’’; and Treasury under the customs laws described ‘‘(b) PENALTY.—Any person who violates (B) in subparagraph (B), by striking ‘‘(a)(4), in section 981(d) shall be performed by such subsection (a) shall, in addition to the term or (a)(7)’’ and inserting ‘‘(a)(4), (a)(7), or officers, agents, and other persons as may be of punishment provided for the felony viola- (a)(8)’’; and designated for that purpose by the Secretary tion of section 1030, be fined under this title, (3) in subsection (e)— of Homeland Security or the Attorney Gen- imprisoned for not more than 20 years, or (A) in paragraph (11), by striking ‘‘and’’ at eral.’’. both. the end;

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.048 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5843 (B) in paragraph (12), by striking the pe- in section 301(3) of the Federal Election Cam- ‘‘SEC. 236. SANCTIONS WITH RESPECT TO TRANS- riod at the end and inserting ‘‘; and’’; and paign Act of 1971 (52 U.S.C. 30101(3))); and ACTIONS RELATED TO INVEST- (C) by adding at the end the following: ‘‘(14) the term ‘voting system’ has the MENTS IN ENERGY PROJECTS SUP- ‘‘(13) the term ‘traffic’, except as provided meaning given the term in section 301(b) of PORTED BY RUSSIAN STATE-OWNED OR PARASTATAL ENTITIES OUTSIDE in subsection (a)(6), means transfer, or other- the Help America Vote Act of 2002 (52 U.S.C. OF THE RUSSIAN FEDERATION. wise dispose of, to another as consideration 21081(b).’’. ‘‘On and after the date that is 180 days for the receipt of, or as consideration for a SEC. 502. INADMISSIBILITY OF ALIENS SEEKING after the date of the enactment of the De- promise or agreement to pay, anything of pe- TO INTERFERE IN UNITED STATES fending American Security from Kremlin ELECTIONS. cuniary value.’’; Aggression Act of 2018, the President shall (a) DEFINED TERM.—Section 101(a) of the (4) in subsection (g), in the first sentence, impose five or more of the sanctions de- by inserting ‘‘, except for a violation of sub- Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the scribed in section 239A with respect to a per- section (a)(8),’’ after ‘‘of this section’’; and son if the Secretary of the Treasury deter- (5) by striking subsections (i) and (j) and following: ‘‘(53) The term ‘improper interference in a mines that the person knowingly, on or after inserting the following: such date of enactment, invests in an energy ‘‘(i) CRIMINAL FORFEITURE.— United States election’ means conduct by an project outside of the Russian Federation— ‘‘(1) The court, in imposing sentence on alien that— ‘‘(1) that is supported by a Russian any person convicted of a violation of this ‘‘(A)(i) violates Federal criminal, voting parastatal entity or an entity owned or con- section, or convicted of conspiracy to violate rights, or campaign finance law; or trolled by the Government of the Russian this section, shall order, in addition to any ‘‘(ii) is under the direction of a foreign gov- Federation; and other sentence imposed and irrespective of ernment; and ‘‘(2) the total value of which exceeds or is any provision of State law, that such person ‘‘(B) interferes with a general or primary reasonably expected to exceed $250,000,000. forfeit to the United States— Federal, State, or local election or caucus, ‘‘(A) such person’s interest in any prop- including— ‘‘SEC. 237. SANCTIONS WITH RESPECT TO SUP- erty, real or personal, that was used or in- ‘‘(i) the campaign of a candidate; and PORT FOR THE DEVELOPMENT OF ‘‘(ii) a ballot measure, including— CRUDE OIL RESOURCES IN THE RUS- tended to be used to commit or to facilitate SIAN FEDERATION. the commission of such violation; and ‘‘(I) an amendment; ‘‘(a) IN GENERAL.—The President shall im- ‘‘(B) any property, real or personal, consti- ‘‘(II) a bond issue; ‘‘(III) an initiative; pose five or more of the sanctions described tuting or derived from any gross proceeds, or in section 239A with respect to a person if any property traceable to such property, ‘‘(IV) a recall; ‘‘(V) a referral; and the President determines that the person that such person obtained, directly or indi- knowingly, on or after the date of the enact- rectly, as a result of such violation. ‘‘(VI) a referendum.’’. (b) IMPROPER INTERFERENCE IN UNITED ment of the Defending American Security ‘‘(2) The criminal forfeiture of property from Kremlin Aggression Act of 2018, sells, under this subsection, including any seizure STATES ELECTIONS.—Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. leases, or provides to the Russian Federation and disposition of the property, and any re- goods, services, technology, financing, or lated judicial or administrative proceeding, 1182(a)(3)) is amended by adding at the end the following: support described in subsection (b)— shall be governed by the provisions of sec- ‘‘(1) any of which has a fair market value tion 413 of the Controlled Substances Act (21 ‘‘(H) IMPROPER INTERFERENCE IN A UNITED STATES ELECTION.—Any alien who is seeking of $1,000,000 or more; or U.S.C. 853), except subsection (d) of that sec- ‘‘(2) that, during a 12-month period, have tion. admission to the United States to engage in improper interference in a United States an aggregate fair market value of $5,000,000 ‘‘(j) CIVIL FORFEITURE OF PROPERTY USED election, or who has engaged in improper in- or more. IN THE COMMISSION OF AN OFFENSE.— ‘‘(b) GOODS, SERVICES, TECHNOLOGY, FI- ‘‘(1) Any personal property, including any terference in a United States election, is in- NANCING, OR SUPPORT DESCRIBED.—Goods, Internet domain name or Internet Protocol admissible.’’. services, technology, financing, or support address, that was used or intended to be used TITLE VI—SANCTIONS WITH RESPECT TO described in this subsection are goods, serv- to commit or to facilitate the commission of THE RUSSIAN FEDERATION ices, technology, financing or support that any violation of this section, or a conspiracy Subtitle A—Expansion of Countering could directly and significantly contribute to violate this section shall be subject to for- America’s Adversaries Through Sanctions Act to the Russian Federation’s— feiture to the United States, and no property SEC. 601. IMPOSITION OF ADDITIONAL SANC- ‘‘(1) ability to develop crude oil resources right shall exist in such property. TIONS WITH RESPECT TO THE RUS- located in the Russian Federation; or ‘‘(2) Seizures and forfeitures under this SIAN FEDERATION. ‘‘(2) production of crude oil resources in subsection shall be governed by the provi- (a) IN GENERAL.—Part 2 of subtitle A of the Russian Federation, including any direct sions of chapter 46 relating to civil forfeit- title II of the Countering America’s Adver- and significant assistance with respect to ures, except that such duties as are imposed saries Through Sanctions Act (22 U.S.C. 9521 the construction, modernization, or repair of on the Secretary of the Treasury under the et seq.) is amended— infrastructure that would facilitate the de- customs laws described in section 981(d) shall (1) by redesignating sections 235, 236, 237, velopment of crude oil resources located in be performed by such officers, agents, and and 238 as sections 239A, 239B, 239D, and 239E, the Russian Federation. other persons as may be designated for that respectively; and ‘‘(c) APPLICABILITY.—The requirement to purpose by the Secretary of Homeland Secu- (2) by inserting after section 234 the fol- impose sanctions under subsection (a) shall rity or the Attorney General.’’. lowing: not apply with respect to the maintenance of TITLE V—COMBATING ELECTION ‘‘SEC. 235. SANCTIONS WITH RESPECT TO TRANS- ACTIONS WITH CERTAIN RUSSIAN projects that are ongoing as of the date of INTERFERENCE POLITICAL FIGURES AND the enactment of the Defending American SEC. 501. PROHIBITION ON INTERFERENCE WITH OLIGARCHS. Security from Kremlin Aggression Act of VOTING SYSTEMS. ‘‘On and after that date that is 180 days 2018. Section 1030(e) of title 18, United States after the date of the enactment of the De- ‘‘(d) REQUIREMENT TO ISSUE GUIDANCE.—Not Code, is amended— fending American Security from Kremlin later than 90 days after the date of enact- (1) in paragraph (2)— Aggression Act of 2018, the President shall ment of the Defending American Security (A) in subparagraph (A), by striking ‘‘or’’ impose the sanctions described in section from Kremlin Aggression Act of 2018, the at the end; 224(b) with respect to— Secretary of State, in consultation with the (B) in subparagraph (B), by adding ‘‘or’’ at ‘‘(1) political figures, oligarchs, and other Secretary of the Treasury and the Secretary the end; and persons that facilitate illicit and corrupt ac- of Energy, shall issue regulations— (C) by adding at the end the following: tivities, directly or indirectly, on behalf of ‘‘(1) clarifying how the exception under ‘‘(C) that— the President of the Russian Federation, subsection (c) will be applied; and ‘‘(i) is part of a voting system; and Vladimir Putin, and persons acting for or on ‘‘(2) listing specific goods, services, tech- ‘‘(ii)(I) is used for the management, sup- behalf of such political figures, oligarchs, nology, financing, and support covered by port, or administration of a Federal election; and persons; subsection (b). or ‘‘(2) Russian parastatal entities that facili- ‘‘SEC. 238. PROHIBITION ON AND SANCTIONS ‘‘(II) has moved in or otherwise affects tate illicit and corrupt activities, directly or WITH RESPECT TO TRANSACTIONS interstate or foreign commerce;’’; indirectly, on behalf of the President of the RELATING TO NEW SOVEREIGN (2) in paragraph (11), by striking ‘‘and’’ at Russian Federation, Vladimir Putin; DEBT OF THE RUSSIAN FEDERA- the end; ‘‘(3) family members of persons described TION. (3) in paragraph (12), by striking the period in paragraph (1) or (2) that derive significant ‘‘(a) IN GENERAL.—Not later than 90 days and inserting a semicolon; and benefits from such illicit and corrupt activi- after the date of the enactment of the De- (4) by adding at the end the following: ties; and fending American Security from Kremlin ‘‘(13) the term ‘Federal election’ means any ‘‘(4) persons, including financial institu- Aggression Act of 2018, the President shall— election (as defined in section 301(1) of the tions, engaging in significant transactions ‘‘(1) prescribe regulations prohibiting Federal Election Campaign Act of 1971 (52 with persons described in paragraph (1), (2), United States persons from engaging in U.S.C. 30101(1))) for Federal office (as defined or (3). transactions with, providing financing for, or

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.048 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5844 CONGRESSIONAL RECORD — SENATE August 22, 2018 in any other way dealing in Russian sov- President under sections 203 and 205 of the (1) continue to uphold and seek unity with ereign debt issued on or after the date that International Emergency Economic Powers European and other key partners with re- is 180 days after such date of enactment; and Act (50 U.S.C. 1702 and 1704) to carry out this spect to sanctions implemented with respect ‘‘(2) exercise all powers granted to the part. to the Russian Federation, which have been President by the International Emergency ‘‘(b) PENALTIES.—A person that violates, effective and instrumental in countering the Economic Powers Act (50 U.S.C. 1701 et seq.) attempts to violate, conspires to violate, or aggression of the Russian Federation; to the extent necessary to block and prohibit causes a violation of this part or any regula- (2) engage to the fullest extent possible all transactions in all property and interests tion, license, or order issued to carry out with governments that are partners of the in property of one or more of the Russian fi- this part shall be subject to the penalties set United States with regard to closing loop- nancial institutions specified in subsection forth in subsections (b) and (c) of section 206 holes, including the allowance of extended (b) if such property and interests in property of the International Emergency Economic prepayment for the delivery of goods and are in the United States, come within the Powers Act (50 U.S.C. 1705) to the same ex- commodities and other loopholes, in multi- United States, or are or come within the pos- tent as a person that commits an unlawful lateral and unilateral restrictive measures session or control of a United States person. act described in subsection (a) of that sec- against the Russian Federation, with the ‘‘(b) RUSSIAN FINANCIAL INSTITUTIONS SPEC- tion.’’. aim of maximizing alignment of those meas- IFIED.—The Russian financial institutions (e) CLERICAL AMENDMENT.—The table of ures; and specified in this subsection are the following: contents for the Countering America’s Ad- (3) increase efforts to vigorously enforce ‘‘(1) Vnesheconombank. versaries Through Sanctions Act is amended compliance with sanctions in place as of the ‘‘(2) Sberbank. by striking the items relating to sections 235 date of the enactment of this Act with re- ‘‘(3) VTB Bank. through 238 and inserting the following: spect to the Russian Federation in response ‘‘(4) Gazprombank. ‘‘Sec. 235. Sanctions with respect to trans- to the crises in Ukraine and Syria, cyber in- ‘‘(5) Bank of Moscow. actions with certain Russian trusions and attacks, and human rights vio- ‘‘(6) Rosselkhozbank. political figures and oligarchs. lators in the Russian Federation. ‘‘(7) Promsvyazbank. ‘‘Sec. 236. Sanctions with respect to trans- SEC. 612. OFFICE OF SANCTIONS COORDINATION ‘‘(8) Vnesheconombank. actions related to investments OF THE DEPARTMENT OF STATE. ‘‘(c) RUSSIAN SOVEREIGN DEBT DEFINED.—In in energy projects supported by (a) IN GENERAL.—Section 1 of the State De- this section, the term ‘Russian sovereign Russian state-owned or partment Basic Authorities Act of 1956 (22 debt’ means— parastatal entities outside of U.S.C. 2651a), as amended by section 211, is ‘‘(1) bonds issued by the Central Bank, the the Russian Federation. further amended— National Wealth Fund, or the Federal Treas- ‘‘Sec. 237. Sanctions with respect to support (1) by redesignating subsection (h) as sub- ury of the Russian Federation, or agents or for the development of crude oil section (i); and affiliates of any of those entities, with a ma- resources in the Russian Fed- (2) by inserting after subsection (g) the fol- turity of more than 14 days; eration. lowing: ‘‘(2) foreign exchange swap agreements ‘‘Sec. 238. Prohibition on and sanctions with with the Central Bank, the National Wealth respect to transactions relating ‘‘(h) OFFICE OF SANCTIONS COORDINATION.— Fund, or the Federal Treasury of the Russian to new sovereign debt of the ‘‘(1) IN GENERAL.—There is established, Federation with a duration of more than 14 Russian Federation. within the Department of State, an Office of days; and ‘‘Sec. 239. Sanctions with respect to trans- Sanctions Coordination (referred to in this ‘‘(3) any other financial instrument, the actions with the cyber sector of subsection as the ‘Office’). duration or maturity of which is more than the Russian Federation. ‘‘(2) HEAD.—The head of the Office shall— 14 days, that— ‘‘Sec. 239A. Sanctions described. ‘‘(A) have the rank and status of ambas- ‘‘(A) the President determines represents ‘‘Sec. 239B. Exceptions, waiver, and termi- sador; the sovereign debt of the Government of the nation. ‘‘(B) be appointed by the President, by and Russian Federation; or ‘‘Sec. 239C. Implementation and penalties. with the advice and consent of the Senate; ‘‘(B) is issued by a Russian financial insti- ‘‘Sec. 239D. Exception relating to activities and tution specified in subsection (b). of the National Aeronautics and ‘‘(C) report to the Under Secretary for Po- ‘‘SEC. 239. SANCTIONS WITH RESPECT TO TRANS- Space Administration. litical Affairs. ACTIONS WITH THE CYBER SECTOR ‘‘Sec. 239E. Rule of construction.’’. ‘‘(3) DUTIES.—The head of the Office shall— OF THE RUSSIAN FEDERATION. (f) CONFORMING AMENDMENTS.—Part 2 of ‘‘(A) serve as the principal advisor to the ‘‘On and after the date that is 60 days after subtitle A of title II of the Countering Amer- senior management of the Department and the date of the enactment of the Defending ica’s Adversaries Through Sanctions Act (22 the Secretary regarding the role of the De- American Security from Kremlin Aggression U.S.C. 9521 et seq.), as amended by this sec- partment in the development and implemen- Act of 2018, the President shall impose five tion, is further amended— tation of sanctions policy, including sanc- or more of the sanctions described in section (1) in section 231, by striking subsection tions with respect to the Russian Federa- 239A with respect to any person, including (e); and tion, Iran, North Korea, and other countries; any financial institution, that the President (2) by striking ‘‘section 235’’ each place it ‘‘(B) represent the United States in diplo- determines— appears and inserting ‘‘section 239A’’. matic and multilateral fora on sanctions ‘‘(1) engages in significant transactions (g) GUIDANCE.—The President shall, in a matters; with any person in the Russian Federation prompt and timely way, publish guidance on ‘‘(C) consult and closely coordinate with that has the capacity or ability to support or the implementation of this subtitle and the the European Union to ensure the maximum facilitate malicious cyber activities; or amendments made by this subtitle and any effectiveness of sanctions imposed by the ‘‘(2) is owned or controlled by, or acts or regulations prescribed pursuant to this sub- United States and the European Union with purports to act for or on behalf of, directly title or any such amendment. respect to the Russian Federation; or indirectly, a person that engages in sig- ‘‘(D) advise the Secretary directly and pro- SEC. 602. CONGRESSIONAL REVIEW AND CONTIN- nificant transactions described in paragraph UED APPLICABILITY OF SANCTIONS vide input with respect to all activities, poli- (1).’’. UNDER THE SERGEI MAGNITSKY cies, and programs of all bureaus and offices (b) SANCTIONS DESCRIBED.—Section 239A(a) RULE OF LAW ACCOUNTABILITY ACT of the Department relating to the implemen- of the Countering America’s Adversaries OF 2012. tation of sanctions policy; and Through Sanctions Act, as redesignated by Section 216(a)(2)(B)(i) of the Russia Sanc- ‘‘(E) serve as the principal liaison of the subsection (a)(1), is amended in the matter tions Review Act of 2017 (22 U.S.C. Department to other Federal agencies in- preceding paragraph (1) by striking ‘‘or 9511(a)(2)(B)(i)) is amended— volved in the design and implementation of 233(a)’’ each place it appears and inserting (1) in subclause (II), by striking ‘‘; or’’ and sanctions policy. ‘‘233(a), 236, 237, or 239’’. inserting a semicolon; ‘‘(4) RULE OF CONSTRUCTION.—Nothing in (c) TERMINATION.—Section 239B(c) of the (2) in subclause (III), by striking ‘‘; and’’ this subsection may be construed to pre- Countering America’s Adversaries Through and inserting ‘‘; or’’; and clude— Sanctions Act, as redesignated by subsection (3) by adding at the end the following: ‘‘(A) the Office from being elevated to a (a)(1), is amended by striking ‘‘or 234’’ and ‘‘(IV) the Sergei Magnitsky Rule of Law Bureau within the Department; or inserting ‘‘234, 235, 236, 237, 238, or 239’’. Accountability Act of 2012 (title IV of Public ‘‘(B) the head of the Office from being ele- (d) IMPLEMENTATION AND PENALTIES.—Part Law 112–208; 22 U.S.C. 5811 note); and’’. vated to level of an Assistant Secretary.’’. 2 of subtitle A of title II of the Countering Subtitle B—Coordination With the European (b) REPORT REQUIRED.—Not later than 60 America’s Adversaries Through Sanctions Union days after the date of the enactment of this Act (22 U.S.C. 9521 et seq.) is amended by in- Act, the President shall submit to the appro- serting after section 239A, as redesignated by SEC. 611. SENSE OF CONGRESS ON COORDINA- TION WITH ALLIES WITH RESPECT priate congressional committees a report de- subsection (a)(1), the following: TO SANCTIONS WITH RESPECT TO tailing the efforts of the Office of Sanctions ‘‘SEC. 239C. IMPLEMENTATION AND PENALTIES. THE RUSSIAN FEDERATION. Coordination established under the amend- ‘‘(a) IMPLEMENTATION.—The President may It is the sense of Congress that the Presi- ments made by subsection (a) to coordinate exercise all authorities provided to the dent should— sanctions policy with the European Union.

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.048 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5845 SEC. 613. REPORT ON COORDINATION OF SANC- Treasury, in consultation with the Director or after August 2, 2017, and before the date of TIONS BETWEEN THE UNITED of National Intelligence and the Secretary of the report, made a significant investment in STATES AND EUROPEAN UNION. State, shall submit to the appropriate con- a special Russian crude oil project. (a) IN GENERAL.—Not later than 180 days gressional committees an updated report on (b) UPDATES.—Not later than 90 days after after the date of the enactment of this Act, oligarchs and parastatal entities of the Rus- the date of the enactment of this Act, and and every 180 days thereafter, the President sian Federation that builds on the report every 90 days thereafter, the President shall shall submit to the appropriate congres- submitted under subsection (a) on January submit to the appropriate congressional sional committees a report that includes the 29, 2018, and that includes the matters de- committees an update to the report required following: scribed in paragraphs (1) through (5) of sub- by subsection (a). (1) A description of each instance, during section (a).’’; and SEC. 626. REPORT ON SECTION 226 OF THE COUN- the period specified in subsection (b)— (3) in subsection (c), as redesignated by TERING AMERICA’S ADVERSARIES (A) in which the United States has imposed paragraph (1), by striking ‘‘The report re- THROUGH SANCTIONS ACT. sanctions with respect to a person for activ- quired under subsection (a)’’ and inserting (a) IN GENERAL.—Not later than 60 days ity related to the Russian Federation, but in ‘‘The reports required by subsections (a) and after the date of the enactment of this Act, which the European Union has not imposed (b)’’. the President shall submit to the appro- corresponding sanctions; and SEC. 623. REPORT ON THE PERSONAL NET priate congressional committees a report (B) in which the European Union has im- WORTH AND ASSETS OF VLADIMIR that describes the foreign financial institu- posed sanctions with respect to a person for PUTIN. tions that the President has determined activity related to the Russian Federation, (a) IN GENERAL.—Not later than 180 days under section 5(a) of the Ukraine Freedom but in which the United States has not im- after the date of the enactment of this Act, Support Act of 2014 (22 U.S.C. 8924(a)), as posed corresponding sanctions. the Director of National Intelligence shall amended by section 226 of the Countering (2) An explanation for the reason for each submit to the appropriate congressional America’s Adversaries Through Sanctions discrepancy between sanctions imposed by committees a detailed report on the personal Act (Public Law 115–44; 131 Stat. 910), have the European Union and sanctions imposed net worth and assets of the President of the knowingly engaged, on or after August 2, by the United States described in subpara- Russian Federation, Vladimir Putin, includ- 2017, and before the date of the report, in sig- graphs (A) and (B) of paragraph (1). ing— nificant transactions involving significant (b) PERIOD SPECIFIED.—The period specified (1) the estimated net worth and known investments in a special Russian crude oil in this subsection is— sources of income of Vladimir Putin and his project described in section 4(b)(1) of the (1) in the case of the first report submitted family members, including assets, invest- Ukraine Freedom Support Act of 2014. under subsection (a), the period beginning on ments, bank accounts, other business inter- (b) UPDATES.—Not later than 90 days after the date of the enactment of this Act and ests, and relevant beneficial ownership infor- the date of the enactment of this Act, and ending on the date the report is submitted; mation; and every 90 days thereafter, the President shall and (2) an identification of the most significant submit to the appropriate congressional (2) in the case of a subsequent such report, senior foreign political figures and oligarchs committees an update to the report required the 180-day period preceding the submission in the Russian Federation, as determined by by subsection (a). of the report. their closeness to Vladimir Putin. SEC. 627. REPORT ON SECTION 228 OF THE COUN- (c) FORM OF REPORT.—The report required (b) FORM OF REPORT.—The report required TERING AMERICA’S ADVERSARIES by subsection (a) shall be submitted in un- under subsection (a) shall be submitted in an THROUGH SANCTIONS ACT. classified form but may include a classified unclassified form but may include a classi- (a) IN GENERAL.—Not later than 60 days annex. fied annex. after the date of the enactment of this Act, (d) APPROPRIATE CONGRESSIONAL COMMIT- SEC. 624. REPORT ON SECTION 224 OF THE COUN- the President shall submit to the appro- TEES DEFINED.—In this section, the term TERING AMERICA’S ADVERSARIES priate congressional committees a report ‘‘appropriate congressional committees’’ THROUGH SANCTIONS ACT. that describes the foreign persons that the means— (a) IN GENERAL.—Not later than 60 days President has determined under subsection (1) the Committee on Foreign Relations, after the date of the enactment of this Act, (a) of section 10 of the Support for the Sov- the Committee on Banking, Housing, and the President shall submit to the appro- ereignty, Integrity, Democracy, and Eco- Urban Affairs, and the Committee on Fi- priate congressional committees a report nomic Stability of Ukraine Act of 2014 (22 nance of the Senate; and that describes the persons that the President U.S.C. 8909), as added by section 228 of the (2) the Committee on Foreign Affairs, the has determined under section 224(a)(1)(A) of Countering America’s Adversaries Through Committee on Financial Services, and the the Countering America’s Adversaries Sanctions Act (Public Law 115–44; 131 Stat. Committee on Ways and Means of the House Through Sanctions Act (22 U.S.C. 911), have, on or after August 2, 2017, and be- of Representatives. 9524(a)(1)(A)) knowingly engaged, on or after fore the date of the report— (1) materially violated, attempted to vio- Subtitle C—Reports Relating to Sanctions August 2, 2017, and before the date of the relate, conspired to violate, or caused a viola- With Respect to the Russian Federation port, in significant activities undermining cybersecurity against any person, including tion of any license, order, regulation, or pro- SEC. 621. DEFINITIONS. a democratic institution or government on hibition contained in or issued pursuant to In this subtitle: behalf of the Government of the Russian any covered Executive order (as defined in (1) APPROPRIATE CONGRESSIONAL COMMIT- Federation. subsection (f) of such section 10), the Support TEES.—The term ‘‘appropriate congressional (b) ELEMENTS.—The report required by sub- for the Sovereignty, Integrity, Democracy, committees’’ means— section (a) shall contain the following: and Economic Stability of Ukraine Act of (A) the Committee on Foreign Relations, (1) A list of the persons described in sub- 2014 (22 U.S.C. 8901 et seq.), or the Ukraine the Committee on Banking, Housing, and section (a). Freedom Support Act of 2014 (22 U.S.C. 8921 Urban Affairs, and the Committee on Fi- (2) A description of diplomatic efforts to et seq.); or nance of the Senate; and work with governments and democratic in- (2) facilitated a significant transaction or (B) the Committee on Foreign Affairs, the stitutions in other countries the cybersecu- transactions, including deceptive or struc- Committee on Financial Services, and the rity of which the President determines has tured transactions, for or on behalf of— Committee on Ways and Means of the House been undermined by the Government of the (A) any person subject to sanctions im- of Representatives. Russian Federation. posed by the United States with respect to (2) SENIOR FOREIGN POLITICAL FIGURE.—The (c) UPDATES.—Not later than 90 days after the Russian Federation; or term ‘‘senior foreign political figure’’ has the date of the enactment of this Act, and (B) any child, spouse, parent, or sibling of the meaning given that term in section every 90 days thereafter, the President shall an individual described in subparagraph (A). 1010.605 of title 31, Code of Federal Regula- submit to the appropriate congressional (b) UPDATES.—Not later than 90 days after tions (or any corresponding similar regula- committees an update to the report required the date of the enactment of this Act, and tion or ruling). by subsection (a). every 90 days thereafter, the President shall SEC. 622. UPDATED REPORT ON OLIGARCHS AND SEC. 625. REPORT ON SECTION 225 OF THE COUN- submit to the appropriate congressional PARASTATAL ENTITIES OF THE RUS- TERING AMERICA’S ADVERSARIES committees an update to the report required SIAN FEDERATION. THROUGH SANCTIONS ACT. by subsection (a). Section 241 of the Countering America’s (a) IN GENERAL.—Not later than 60 days SEC. 628. REPORT ON SECTION 233 OF THE COUN- Adversaries Through Sanctions Act (Public after the date of the enactment of this Act, TERING AMERICA’S ADVERSARIES Law 115–44; 131 Stat. 922) is amended— the President shall submit to the appro- THROUGH SANCTIONS ACT. (1) by redesignating subsections (b) and (c) priate congressional committees a report (a) IN GENERAL.—Not later than 60 days as subsections (c) and (d), respectively; that describes the foreign persons that the after the date of the enactment of this Act, (2) by inserting after subsection (a) the fol- President has determined under section the President shall submit to the appro- lowing: 4(b)(1) of the Ukraine Freedom Support Act priate congressional committees a report ‘‘(b) UPDATED REPORT.—Not later than 180 of 2014 (22 U.S.C. 8923(b)(1)), as amended by that describes the foreign persons that the days after the date of the enactment of the section 225 of the Countering America’s Ad- President has determined under section 233 Defending American Security from Kremlin versaries Through Sanctions Act (Public of the Countering America’s Adversaries Aggression Act of 2018, the Secretary of the Law 115–44; 131 Stat. 910), have knowingly, on Through Sanctions Act (22 U.S.C. 9527) have

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.048 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5846 CONGRESSIONAL RECORD — SENATE August 22, 2018 made, on or after August 2, 2017, and before tional security purposes under section 1608 of the Secretary of the Treasury shall prescribe the date of the report, an investment of the Carl Levin and Howard P. ‘‘Buck’’ regulations to carry out the amendment $10,000,000 or more (or any combination of in- McKeon National Defense Authorization Act made by subsection (a). vestments of not less than $1,000,000 each, for Fiscal Year 2015 (Public Law 113–291; 128 (c) AUTHORIZATION OF APPROPRIATIONS.— which in the aggregate equals or exceeds Stat. 3626; 10 U.S.C. 2271 note), as amended There are authorized to be appropriated to $10,000,000 in any 12-month period), or facili- by section 1607 of the National Defense Au- the Secretary such sums as may be nec- tates such an investment, if the investment thorization Act for Fiscal Year 2016 (Public essary to carry out the amendment made by directly and significantly contributes to the Law 114–92; 129 Stat. 1100) and section 1602 of subsection (a). ability of the Russian Federation to pri- the National Defense Authorization Act for SEC. 703. EXTENSION OF LIMITATIONS ON IMPOR- vatize state-owned assets in a manner that Fiscal Year 2017 (Public Law 114–328; 130 TATION OF URANIUM FROM RUS- unjustly benefits— Stat. 2582); or SIAN FEDERATION. Section 3112A(c) of the USEC Privatization (1) officials of the Government of the Rus- (2) to prohibit a contractor or subcon- Act (42 U.S.C. 2297h–10a(c)) is amended— sian Federation; or tractor of the Department of Defense from (1) in paragraph (2)(A)— (2) close associates or family members of acquiring components referred to in such (A) in clause (vi), by striking ‘‘; and’’ and those officials. section 1608. (b) UPDATES.—Not later than 90 days after inserting a semicolon; TITLE VII—OTHER MATTERS RELATING the date of the enactment of this Act, and (B) in clause (vii), by striking the period TO THE RUSSIAN FEDERATION every 90 days thereafter, the President shall and inserting ‘‘; and’’; and submit to the appropriate congressional SEC. 701. DETERMINATION ON DESIGNATION OF (C) by adding at the end the following: committees an update to the report required THE RUSSIAN FEDERATION AS A ‘‘(viii) in calendar year 2021, 463,620 kilo- by subsection (a). STATE SPONSOR OF TERRORISM. grams; (a) DETERMINATION.— SEC. 629. REPORT ON SECTION 234 OF THE COUN- ‘‘(ix) in calendar year 2022, 456,930 kilo- TERING AMERICA’S ADVERSARIES (1) IN GENERAL.—Not later than 90 days grams; THROUGH SANCTIONS ACT. after the date of the enactment of this Act, ‘‘(x) in calendar year 2023, 449,810 kilo- (a) IN GENERAL.—Not later than 60 days the Secretary of State shall submit to the grams; after the date of the enactment of this Act, appropriate congressional committees a de- ‘‘(xi) in calendar year 2024, 435,933 kilo- the President shall submit to the appro- termination of whether the Russian Federa- grams; priate congressional committees a report tion meets the criteria for designation as a ‘‘(xii) in calendar year 2025, 421,659 kilo- that describes the foreign persons that the state sponsor of terrorism. grams; President has determined under section 234 (2) FORM.—The determination required by ‘‘(xiii) in calendar year 2026, 421,659 kilo- of the Countering America’s Adversaries paragraph (1) shall be submitted in unclassi- grams; Through Sanctions Act (22 U.S.C. 9528) have fied form but may include a classified annex, ‘‘(xiv) in calendar year 2027, 394,072 kilo- knowingly, on or after August 2, 2017, and be- if appropriate. grams; fore the date of the report, exported, trans- (b) DEFINITIONS.—In this section: ‘‘(xv) in calendar year 2028, 386,951 kilo- ferred, or otherwise provided to Syria signifi- (1) APPROPRIATE CONGRESSIONAL COMMIT- grams; cant financial, material, or technological TEES.—The term ‘‘appropriate congressional ‘‘(xvi) in calendar year 2029, 386,951 kilo- support that contributes materially to the committees’’ means the Committee on For- grams; and ability of the Government of Syria to— eign Relations of the Senate and the Com- ‘‘(xvii) in calendar year 2030, 375,791 kilo- (1) acquire or develop chemical, biological, mittee on Foreign Affairs of the House of grams.’’; or nuclear weapons or related technologies; Representatives. (2) in paragraph (3)— (2) acquire or develop ballistic or cruise (2) STATE SPONSOR OF TERRORISM.—The (A) in subparagraph (A), by striking the missile capabilities; term ‘‘state sponsor of terrorism’’ means a semicolon and inserting ‘‘; or’’; (3) acquire or develop destabilizing num- country the government of which the Sec- (B) in subparagraph (B), by striking ‘‘; or’’ bers and types of advanced conventional retary of State has determined is a govern- and inserting a period; and weapons; ment that has repeatedly provided support (C) by striking subparagraph (C); (4) acquire significant defense articles, de- for acts of international terrorism, for pur- (3) in paragraph (5)(A), by striking ‘‘ref- fense services, or defense information (as poses of— erence data’’ and all that follows through such terms are defined under the Arms Ex- (A) section 1754(c)(1)(A)(i) of the Export ‘‘2019’’ and inserting the following: ‘‘lower port Control Act (22 U.S.C. 2751 et seq.)); or Control Reform Act of 2018; scenario data in the document of the World (5) acquire items designated by the Presi- (B) section 620A of the Foreign Assistance Nuclear Association entitled ‘Nuclear Fuel dent for purposes of the United States Muni- Act of 1961 (22 U.S.C. 2371); Report: Global Scenarios for Demand and tions List under section 38(a)(1) of the Arms (C) section 40(d) of the Arms Export Con- Supply Availability 2017–2035’. In each of cal- Export Control Act (22 U.S.C. 2778(a)(1)). trol Act (22 U.S.C. 2780(d)); or endar years 2022, 2025, and 2028’’; and (b) UPDATES.—Not later than 90 days after (D) any other provision of law. (4) in paragraph (9), by striking ‘‘December 31, 2020’’ and inserting ‘‘December 31, 2030’’. the date of the enactment of this Act, and SEC. 702. EXPANSION OF GEOGRAPHIC TAR- every 90 days thereafter, the President shall GETING ORDERS OF FINANCIAL SEC. 704. ESTABLISHMENT OF A NATIONAL FU- submit to the appropriate congressional CRIMES ENFORCEMENT NETWORK. SION CENTER TO RESPOND TO committees an update to the report required THREATS FROM THE GOVERNMENT (a) IN GENERAL.—Section 5326 of title 31, OF THE RUSSIAN FEDERATION. by subsection (a). United States Code, is amended by adding at (a) ESTABLISHMENT.—There is established a Subtitle D—General Provisions the end the following: National Fusion Center to Respond to Hy- SEC. 631. EXCEPTION RELATING TO ACTIVITIES ‘‘(e) REPORTING BY TITLE INSURANCE COM- brid Threats, which shall focus primarily on OF THE NATIONAL AERONAUTICS PANIES.— such threats from the Government of the AND SPACE ADMINISTRATION. ‘‘(1) IN GENERAL.—The Secretary shall issue Russian Federation, and shall be chaired by (a) IN GENERAL.—This title and the amend- an order under subsection (a) requiring a do- senior United States Government officials ments made by this title shall not apply mestic title insurance company to obtain, from participating agencies (in this section with respect to activities of the National maintain, and report to the Secretary infor- referred to as the ‘‘Center’’). Aeronautics and Space Administration. mation on the beneficial owners of entities (b) MISSION.—The primary missions of the (b) RULE OF CONSTRUCTION.—Nothing in that purchase residential real estate in high- Center are as follows: this title or the amendments made by this value transactions in which the domestic (1) To serve as the primary organization in title shall be construed to authorize the im- title insurance company is involved. the United States Government to coordinate position of any sanction or other condition, ‘‘(2) DEFINITIONS.—In this subsection: analysis and policy implementation across limitation, restriction, or prohibition, that ‘‘(A) BENEFICIAL OWNER.—The term ‘bene- the United States Government in responding directly or indirectly impedes the supply by ficial owner’, with respect to an entity, to hybrid threats posed by the Government any entity of the Russian Federation of any means an individual who, directly or indi- of the Russian Federation to the national se- product or service, or the procurement of rectly, owns 25 percent or more of the equity curity, sovereignty, democracy, and eco- such product or service by any contractor or interests in the entity. nomic activity of the United States and subcontractor of the United States or any ‘‘(B) DOMESTIC TITLE INSURANCE COMPANY.— United States allies, including the following other entity, relating to or in connection The term ‘domestic title insurance company’ activities: with any space launch conducted for— has the meaning given that term in regula- (A) Execution of disinformation, misin- (1) the National Aeronautics and Space Ad- tions prescribed by the Secretary. formation, and propaganda campaigns ministration; or ‘‘(C) HIGH-VALUE TRANSACTION.—The term through traditional and social media plat- (2) any other non-Department of Defense ‘high-value’, with respect to a real estate forms. customer. transaction, has the meaning given that (B) Formation, infiltration, or manipula- SEC. 632. RULE OF CONSTRUCTION. term in regulations prescribed by the Sec- tion of cultural, religious, educational, and Nothing in this title or the amendments retary based on the real estate market in political organizations or parties. made by this title shall be construed— which the transaction takes place.’’. (C) Covert transfer of illicit money (1) to supersede the limitations or excep- (b) REGULATIONS.—Not later than 90 days through shell corporations and financial in- tions on the use of rocket engines for na- after the date of the enactment of this Act, stitutions to facilitate corruption, crime,

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.048 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5847 and malign influence activities, including SEC. 705. COUNTERING RUSSIAN INFLUENCE sure campaigns, particularly in Europe and through political parties and interest groups. FUND. Eurasia, provided that a portion of the funds (D) Coercive tactics and gray zone activi- (a) AUTHORIZATION OF APPROPRIATIONS.— are made available through a process where- ties, including through para-military and There is authorized to be appropriated for by the Bureau of Educational and Cultural para-police and security services and mili- the Countering Russian Influence Fund de- Affairs of the Department of State solicits tias. scribed in section 7070(d) of the Department proposals from posts located in affected (E) Cyber and other non-traditional of State, Foreign Operations, and Related countries to counter state-sponsored threats, including against public infrastruc- Programs Appropriations Act, 2017 (division disinformation and hybrid threats, promote ture, government institutions, or political J of Public Law 115–31; 131 Stat. 706), democracy, and support exchanges with organizations or actors. $250,000,000 for fiscal years 2020 and 2021. countries facing state-sponsored (F) Use of energy resources or infrastruc- (b) USE OF FUNDS.—Amounts in the Coun- disinformation and pressure campaigns. tering Russian Influence Fund shall be used ture to influence or constrain sovereign (3) REPORT ON IMPLEMENTATION.— in countries of Europe and Eurasia the Sec- states and political actors. (A) IN GENERAL.—Not later than April 1 of retary of State has determined are vulner- (2) To synchronize the efforts of the De- each year, the Secretary of State, acting able to malign influence by the Russian Fed- partment of State, the Department of the through the Coordinator of United States eration to effectively implement, subject to Treasury, the Department of Defense, the Assistance to Europe and Eurasia, shall sub- the availability of funds, the following goals: Department of Homeland Security, the intel- mit to the appropriate congressional com- (1) To assist in protecting critical infra- ligence community, other relevant civilian mittees a report on the programs and activi- structure and electoral mechanisms from United States Government agencies, and ties carried out to achieve the goals de- cyberattacks. United States military combatant com- scribed in subsection (b) during the pre- (2) To combat corruption, improve the rule mands with respect to countering efforts by ceding fiscal year. of law, and otherwise strengthen inde- the Government of the Russian Federation (B) ELEMENTS.—Each report required by pendent judiciaries and prosecutors general to undermine the national security, political subparagraph (A) shall include, with respect offices. sovereignty, democratic institutions, and to each program or activity described in that (3) To respond to the humanitarian crises economic activity of the United States and subparagraph— and instability caused or aggravated by the its United States allies, including by— (i) the amount of funding for the program invasions and occupations of Georgia, (A) ensuring that each such element is or activity; Moldova, and Ukraine by the Russian Fed- aware of and coordinating on such efforts; (ii) the goal described in subsection (b) to eration. and which the program or activity relates; and (4) To improve participatory legislative (B) overseeing the development and imple- (iii) an assessment of whether or not the processes and legal education, political mentation of comprehensive and integrated goal was met. transparency and competition, and compli- policy responses to such efforts. (e) COORDINATION WITH GLOBAL PART- ance with international obligations. (3) In coordination with the head of the NERS.— (5) To build the capacity of civil society, Global Engagement Center established by (1) IN GENERAL.—In order to maximize im- media, and other nongovernmental organiza- section 1287 of the National Defense Author- pact, eliminate duplication, and speed the tions countering the influence and propa- ization Act for Fiscal Year 2017 (Public Law achievement of the goals described in sub- ganda of the Russian Federation to combat 114–328; 22 U.S.C. 2656 note), to examine cur- section (b), the Secretary of State shall en- corruption, prioritize access to truthful in- rent and emerging efforts by malign state sure coordination with— formation, and operate freely in all regions. actors to use propaganda and disinformation (A) the European Union and its institu- (6) To assist the Secretary of State in exe- operations, including— tions; cuting the functions specified in section (A) traditional media platforms such as (B) the governments of countries that are 1239(b) of the National Defense Authorization television, radio, and print; and members of the North Atlantic Treaty Orga- Act for Fiscal Year 2018 (Public Law 115–91; (B) social media platforms and other Inter- nization or the European Union; and 10 U.S.C. 113 note) for the purposes of recog- net communication tools. (C) international organizations and quasi- nizing, understanding, exposing, and coun- (4) To identify and close gaps across the de- governmental funding entities that carry out tering propaganda and disinformation efforts partments and agencies of the Federal Gov- programs and activities that seek to accom- by foreign governments, in coordination ernment with respect to expertise, readiness, plish the goals described in subsection (b). with the relevant regional Assistant Sec- and planning to address the threats posed by (f) RULE OF CONSTRUCTION.—Nothing in this retary or Assistant Secretaries of the De- the Government of the Russian Federation. section shall be construed to apply to or partment of State. (c) REPORTING REQUIREMENT.— (c) REVISION OF ACTIVITIES FOR WHICH limit United States foreign assistance not (1) IN GENERAL.—The Director of the Center AMOUNTS MAY BE USED.—The Secretary of provided using amounts available in the shall submit to the appropriate congres- State may modify a goal described in sub- Countering Russian Influence Fund. sional committees every 180 days a report on section (b) if, not later than 15 days before (g) EXPANSION OF PILOT PROGRAM.— threats posed by the Russian Federation to revising such goal, the Secretary notifies the (1) IN GENERAL.—The Secretary of State the national security, sovereignty, and eco- appropriate congressional committees of the shall expand the pilot program required nomic activity of the United States and its revision. under section 254(g) of the Countering Amer- allies. (d) IMPLEMENTATION.— ica’s Adversaries Through Sanctions Act (22 (2) MATTERS INCLUDED.—Each report under (1) IN GENERAL.—The Secretary of State U.S.C. 9543(g)) to hire additional personnel paragraph (1) shall include, with respect to shall, acting through the Coordinator of within the Bureau for Democracy, Human the period covered by the report, a discus- United States Assistance to Europe and Eur- Rights, and Labor to develop and implement sion of the following: asia (authorized pursuant to section 601 of programs focused on combating corruption, (A) The nature, extent, and execution of the Support for East European Democracy improving rule of law, and building capacity the threats described in such paragraph. (SEED) Act of 1989 (22 U.S.C. 5461) and sec- of civil society, political parties, and inde- (B) The ability of the United States Gov- tion 102 of the Freedom for Russia and pendent media. ernment to identify and defend against such Emerging Eurasian Democracies and Open (2) REPORT ON ENSURING ADEQUATE STAFF- threats. Markets Support Act of 1992 (22 U.S.C. 5812)), ING FOR GOVERNANCE ACTIVITIES.—Not later (C) The progress of the Center in achieving and in consultation with the Administrator than 90 days afer the date of the enactment its missions, including through coordination for the United States Agency for Inter- of this Act, the Secretary of State shall sub- with other governments and multilateral or- national Development, the Director of the mit to the Committee on Foreign Relations ganizations. Global Engagement Center of the Depart- and the Committee on Appropriations of the (D) Recommendations the Director deter- ment of State, the Secretary of Defense, Senate and the Committee on Foreign Af- mines necessary for legislative actions to EUCOM, the Chairman of the Broadcasting fairs and the Committee on Appropriations improve the ability of the Center to achieve Board of Governors, and the heads of other of the House of Representatives a report on its missions. relevant Federal agencies, coordinate and implementation of the pilot program re- (3) FORM.—Each report under paragraph (1) carry out activities to achieve the goals de- quired under section 254(g) of the Countering shall be submitted in unclassified form, but scribed in subsection (b). Russian Influence in Europe and Eurasia Act may include a classified annex. (2) METHOD.—Activities to achieve the of 2017 (22 U.S.C. 9543(g)). (d) INTELLIGENCE COMMUNITY DEFINED.—In goals described in subsection (b) shall be car- SEC. 706. COORDINATING AID AND ASSISTANCE this section, the term ‘‘intelligence commu- ried out through— ACROSS EUROPE AND EURASIA. nity’’ means an element of the intelligence (A) initiatives of the United States Gov- It is the sense of Congress that— community specified or designated under ernment; (1) the Government of the Russian Federa- section 3(4) of the National Security Act of (B) Federal grant programs such as the In- tion has applied, and continues to apply tra- 1947. formation Access Fund; ditional uses of force, intelligence oper- (e) AUTHORIZATION OF APPROPRIATIONS.— (C) nongovernmental or international or- ations, cyber attacks, and influence cam- There are authorized to be appropriated such ganizations; or paigns, including through the use of corrup- sums as may be necessary to carry out this (D) support exchanges with countries fac- tion, disinformation, and cultural and social section. ing state-sponsored disinformation and pres- influence, which represent clear and present

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.048 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5848 CONGRESSIONAL RECORD — SENATE August 22, 2018 threats to the countries of Europe and Eur- INTERPOL’s red notice and red diffusion (2) An assessment of whether such alleged asia; mechanisms. crimes constitute war crimes or crimes (2) in response, governments in Europe and (d) NO DENIAL OF SERVICES.—No United against humanity, including genocide. Eurasia should redouble efforts to build re- States person or foreign person that is the (3) A description and assessment by the Of- silience within their institutions, political subject of a red notice or red diffusion re- fice of Global Criminal Justice of the De- systems, and civil societies; quested by the Government of the Russian partment of State, the United States Agency (3) the United States Government supports Federation shall be denied access to any for International Development, the Depart- the democratic and rule of law-based institu- United States Government services or pro- ment of Justice, and other appropriate Fed- tions that the Government of the Russian grams because the person is the subject of eral agencies, of programs that the United Federation seeks to undermine, including such red notice or red diffusion, including re- States Government has undertaken to en- the North Atlantic Treaty Organization, the questing asylum, requesting a visa, or par- sure accountability for such alleged crimes, Organization for Security and Cooperation in ticipating in a visa waiver program or the including programs— Europe, and the European Union; Transportation Security Administration’s (A) to train investigators within and out- (4) the United States Government should Trusted Traveler Program. side of Syria on how to document, inves- continue to work with and strengthen such SEC. 708. REPORT ON ACCOUNTABILITY FOR WAR tigate, develop findings with respect to, and institutions, including the European Union, CRIMES AND CRIMES AGAINST HU- identify and locate alleged perpetrators of, as a partner against aggression by the Gov- MANITY BY THE RUSSIAN FEDERA- such alleged crimes, including— TION IN SYRIA. ernment of the Russian Federation through (i) the number of United States Govern- (a) FINDINGS.—Congress makes the fol- the coordination of aid programs, development or contractor personnel currently des- lowing findings: ment assistance, and other efforts to counter ignated to work full-time on such training; (1) In March 2016, Amnesty International malign Russian influence; and issued a report stating, ‘‘Syrian and Russian (5) the United States Government should (ii) an identification of the authorities and forces have been deliberately attacking continue to work with the individual coun- appropriations being used to support such health facilities in flagrant violation of tries of Europe and Eurasia to bolster efforts training; and international humanitarian law. But what is to counter malign Russian influence in all (B) to document, collect, preserve, and pro- truly egregious is that wiping out hospitals its forms; and tect evidence of such alleged crimes, includ- appears to have become part of their mili- (6) the United States Government should ing support for Syrian, foreign, and inter- tary strategy.’’. increase assistance and diplomatic efforts in national nongovernmental organizations, (2) On September 21, 2017, Department of Europe, including in European Union and and other entities, including the Inter- State Spokesperson Heather Nauert said, NATO countries, to address threats to funda- national, Impartial and Independent Mecha- ‘‘The United States is concerned by reports mental human rights and backsliding in rule nism to Assist in the Investigation and Pros- of airstrikes in Idlib province and northern of law protections, operating space for inde- ecution of Persons Responsible for the Most Hama province on September 19 and 20 that pendent media and civil society, and other Serious Crimes under International Law killed at least three medical personnel and democratic institutions, whose strength is Committed in the Syrian Arab Republic damaged a number of medical facilities, critical to defending against malign Russian since March 2011 and the Independent Inter- emergency equipment, and civil defense cen- influence over the long term. national Commission of Inquiry on the Syr- ters. These attacks fit an all-too-familiar ian Arab Republic of the United Nations. SEC. 707. ADDRESSING ABUSE AND MISUSE BY pattern in which medical facilities and per- THE RUSSIAN FEDERATION OF (d) PROTECTION OF WITNESSES AND EVI- INTERPOL RED NOTICES AND RED sonnel—and the civilians they serve—are victims of strikes by the Syrian regime and its DENCE.—In preparing the report required by DIFFUSIONS. subsection (b), the Secretary shall take due (a) FINDINGS.—Congress makes the fol- Russian allies.’’. (3) In February 2018, Syrian and Russian care to ensure that the identities of wit- lowing findings: nesses and physical evidence are not publicly (1) The International Criminal Police Or- airstrikes in rebel-held areas killed 230 civilians and hit at least 9 medical facilities. In disclosed in a manner that might place such ganization (in this section referred to as witnesses at risk of harm or encourage the ‘‘INTERPOL’’) works to prevent and fight a statement on February 10, 2018, the office of Zeid Ra’ad al-Hussein, the United Nations destruction of such evidence by the Govern- crime through enhanced cooperation and in- ment of the Russian Federation or the Gov- novation on police and security matters, in- High Commissioner for Human Rights, said the airstrikes ‘‘may, depending on the cir- ernment of Syria, violent extremist groups, cluding counterterrorism, cybercrime, coun- anti-government forces, or any other com- ternarcotics, and transnational organized cumstances, all constitute war crimes’’. (4) On March 6, 2018, the United Nations batants or participants in the conflict in crime. Syria. (2) United States membership and partici- Independent International Commission of In- quiry on the Syrian Arab Republic noted, (e) FORM.—Each report required by sub- pation in INTERPOL advanced the national section (b) may be submitted in unclassified security and law enforcement interests of ‘‘[I]n one particularly harmful attack on 13 November, the Russian Air Force carried out or classified form, but shall include a pub- the United States related to combatting ter- licly available annex. rorism, cybercrime, narcotics, and airstrikes on a densely populated civilian (f) APPROPRIATE CONGRESSIONAL COMMIT- transnational organized crime. area in Atareb (Aleppo), killing at least 84 TEES DEFINED.—In this section, the term (3) Article 2 of INTERPOL’s Constitution people and injuring another 150. Using unguided weapons, the attack struck a mar- ‘‘appropriate congressional committees’’ states that the organization aims ‘‘[t]o en- means— sure and promote the widest possible mutual ket, police station, shops, and a restaurant, and may amount to a war crime.’’. (1) the Committee on Foreign Relations, assistance between all criminal police au- the Committee on Banking, Housing, and thorities [. . .] in the spirit of the ‘Universal (b) REPORT REQUIRED.—The Secretary of State shall submit to the appropriate con- Urban Affairs, and the Committee on Fi- Declaration of Human Rights’ ’’. nance of the Senate; and (4) Article 3 of INTERPOL’s Constitution gressional committees a report on alleged war crimes and crimes against humanity at- (2) the Committee on Foreign Affairs, the states that ‘‘[i]t is strictly forbidden for the Committee on Financial Services, and the Organization to undertake any intervention tributable to the Government of the Russian Federation or paramilitary forces or con- Committee on Ways and Means of the House or activities of a political, military, reli- of Representatives. gious or racial character’’. tractors responsive to the direction of that (5) Some INTERPOL member countries Government during the operations of that SEC. 709. REPORT ON ACTIVITIES OF THE RUS- SIAN FEDERATION IN SYRIA. have used the INTERPOL’s processes, includ- Government in Syria— ing the red notice and red diffusions mecha- (1) not later than 60 days after the date of (a) IN GENERAL.—Not later than 90 days nisms, for activities of a political character. the enactment of this Act; and after the date of the enactment of this Act, (b) SENSE OF CONGRESS.—It is the sense of (2) not later than 180 days after the date on the Director of National Intelligence, in co- Congress that the Government of the Rus- which the Secretary of State determines ordination with the Secretary of State and sian Federation has abused and misused that the violence in Syria has ceased. the Secretary of Defense, shall submit to the INTERPOL’s red notice and red diffusion (c) ELEMENTS.—Each report required by appropriate congressional committees and mechanisms for overtly political purposes subsection (b) shall include the following: leadership a report that includes— and activities such as intimidating, (1) A description of alleged war crimes and (1) an assessment of the willingness and ca- harassing, and persecuting political oppo- crimes against humanity described in sub- pacity of the Government of the Russian nents. section (b), including— Federation to ensure the removal of Iranian (c) CENSURE OF RUSSIAN ACTIVITY.—The At- (A) any such alleged crimes that may vio- forces, Iran-aligned and Iran-directed mili- torney General, in coordination with the late the principle of medical neutrality and, tias and paramilitaries, and other armed Secretary of Homeland Secretary, shall use if possible, an identification of the individual group responsive to the direction of Iran, the voice and influence of the United States or individuals who engaged in or organized from the territory of Syria; at INTERPOL to censure and sanction the such crimes; and (2) a list of policies, actions, or activities abuse of INTERPOL mechanisms by the Gov- (B) if possible, a description of the conven- that the Government of the Russian Federa- ernment of the Russian Federation, includ- tional and unconventional weapons used for tion would take if that Government were ing the suspension of the ability of the Gov- such alleged crimes and the origins of such willing to ensure the removal of the forces, ernment of the Russian Federation to use weapons. militias, paramilitaries, and other armed

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.048 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5849 groups described in paragraph (1) from the At the appropriate place in title VIII of di- increased by $39,000,000, with the amount of territory of Syria; vision A, insert the following: the increase to be available for upgrades of (3) a list of policies, actions, or activities SEC. lll. Not later than January 31, 2019, active electronically scanned array (AESA) that the Government of the Russian Federa- the Comptroller General of the United States radars for Aggressor Squadrons of the Air tion would take to ensure the removal of the shall submit to the congressional defense Force. forces, militias, paramilitaries, and other committees a report— (b) The amount appropriated by title III of armed groups described in paragraph (1) from (1) comparing the cost expenditures of or- this division under the heading ‘‘Aircraft the territory of Syria if that Government ganic industrial depot maintenance of the E- Procurement, Air Force’’ is hereby decreased were capable of doing so; 8C Joint Surveillance Target Attack Radar by $39,000,000, with the amount of the de- (4) an assessment of whether any of the System aircraft fleet versus contracted or crease to be applied against amounts avail- policies, actions, or activities described in non-organic maintenance; and able for Combat Aircraft for C–135B Aircraft. paragraph (2) or (3) are being taken by the (2) comparing the cost variance and cost Government of the Russian Federation; savings of different programmed depot main- SA 3944. Mr. BURR (for himself and (5) an assessment of the specific commit- tenance cycles or procedures for the E-8C, in- Mrs. FEINSTEIN) submitted an amendments made by officials of the Government cluding comparisons to such other platforms ment intended to be proposed to of the Russian Federation to officials of the as the Comptroller General considers appro- amendment SA 3695 proposed by Mr. Government of Israel with respect to the priate. Golan Heights and the presence of the forces, SHELBY to the bill H.R. 6157, making appropriations for the Department of militias, paramilitaries, and other armed SA 3941. Mr. TILLIS submitted an groups described in paragraph (1) in the ter- amendment intended to be proposed by Defense for the fiscal year ending Sep- ritory of Syria; him to the bill H.R. 6157, making ap- tember 30, 2019, and for other purposes; (6) an assessment of weapons, technologies, propriations for the Department of De- which was ordered to lie on the table; and knowledge directly or indirectly trans- as follows: ferred by the Government of the Russian fense for the fiscal year ending Sep- In section 202 of division B, insert ‘‘, except Federation to the regime of Bashar al-Assad, tember 30, 2019, and for other purposes; for amounts obligated under section 3084 of Lebanese Hezbollah, Iran, or Iran-aligned which was ordered to lie on the table; the 21st Century Cures Act (Public Law 114– forces in Syria that threaten the security as follows: 255), including any amendments made by and qualitative military edge of Israel; and At the appropriate place, insert the fol- such Act’’ before the period. (7) an assessment of whether the presence lowing: of Russian forces and Russian contractors in SEC. lll. Of the amount appropriated or SA 3945. Mr. PORTMAN submitted an Syria limits the options of the Government otherwise made available for fiscal year 2019 of Israel in taking steps to ensure its secu- amendment intended to be proposed to for the Department of Defense by this Act, amendment SA 3695 proposed by Mr. rity from threats emanating from the terri- not less than $10,000,000 shall be made avail- SHELBY to the bill H.R. 6157, making tory of Syria. able to such unis of the Armed Forces as the (b) FORM.—The report required by sub- Secretary of Defense considers appropriate appropriations for the Department of section (a) shall be submitted in an unclassi- for Marine Corps Special Operations Com- Defense for the fiscal year ending Sep- fied form but may include a classified annex. tember 30, 2019, and for other purposes; (c) APPROPRIATE CONGRESSIONAL COMMIT- mand (MARSOC) non-traditional suspension/ TEES AND LEADERSHIP DEFINED.—In this sec- resistance performance training in order to which was ordered to lie on the table; tion, the term ‘‘appropriate congressional improve the overall readiness of such units as follows: committees and leadership’’ means— through innovative intervention to minimize At the appropriate place in title VIII of di- (1) the Committee on Foreign Relations, injury and assist with anti-fatigue perform- vision A, insert the following: the Committee on Banking, Housing, and ance training. SEC. lll. (a) Not later than March 31, Urban Affairs, and the majority and minor- 2019, the Director of the Defense Logistics ity leaders of the Senate; and SA 3942. Mr. SULLIVAN submitted Agency shall submit to Congress a report on (2) the Committee on Foreign Affairs, the an amendment intended to be proposed the production of military footwear and the Committee on Financial Services, the Com- to amendment SA 3695 proposed by Mr. production base for military footwear. mittee on Ways and Means, and the Speaker, SHELBY to the bill H.R. 6157, making (b) The report required by subsection (a) the majority leader, and the minority leader appropriations for the Department of shall include the following: of the House of Representatives. Defense for the fiscal year ending Sep- (1) Current and forecasted production requirements for combat and specialty mili- SEC. 710. SENSE OF CONGRESS ON RESPONSI- tember 30, 2019, and for other purposes; BILITY OF TECHNOLOGY COMPA- tary boots. NIES FOR STATE-SPONSORED which was ordered to lie on the table; (2) An estimate of the surge production ca- DISINFORMATION. as follows: pacity requirements for combat and spe- It is the sense of Congress that technology At the appropriate place in title VIII of di- cialty military boots based upon existing in- companies, particularly social media compa- vision A, insert the following: ventory, war reserve materiel, and Defense nies, share responsibility for ensuring that SEC. lll. (a) The amount appropriated Planning Guidance. their platforms are free of disinformation by title IV of this division under the heading (3) An assessment of the costs and capacity sponsored by the Government of the Russian ‘‘Research, Development, Test and Evalua- of the current production base to meet cur- Federation and other foreign governments. tion, Defense-Wide’’ is hereby increased by rent, forecasted, and surge requirements for Ms. KLOBUCHAR submitted $133,000,000, with the amount of the increase combat and specialty military boots, and an SA 3939. to be available for the Missile Defense Agen- assessment of the impact of any reduction in an amendment intended to be proposed cy for Common Kill Vehicle Technology the size of the current production base on to amendment SA 3695 proposed by Mr. (b) The amount appropriated by title IV of such costs and capacity. SHELBY to the bill H.R. 6157, making this division under the heading ‘‘Research, (4) Such recommendations for actions to appropriations for the Department of Development, Test and Evaluation, Defense- address deficiencies and vulnerabilities in Defense for the fiscal year ending Sep- Wide’’ is hereby decreased by $133,000,000, the production base that the Director con- tember 30, 2019, and for other purposes; with the amount of the decrease to be ap- siders appropriate. which was ordered to lie on the table; plied against amounts otherwise appro- (5) Such other matters as the Director con- as follows: priated by the heading for the Missile De- siders appropriate. fense Agency and available for Technology On 148, line 18, strike the period and insert Maturation Initiatives. Mr. RUBIO submitted an the following: ‘‘(and an additional amount of SA 3946. amendment intended to be proposed to $15,000,000, to be awarded to States for the Mr. SULLIVAN submitted purposes of providing instruction associated SA 3943. amendment SA 3695 proposed by Mr. with pre-apprenticeship and apprenticeship an amendment intended to be proposed SHELBY to the bill H.R. 6157, making programs).’’. to amendment SA 3695 proposed by Mr. appropriations for the Department of SHELBY to the bill H.R. 6157, making Defense for the fiscal year ending Sep- SA 3940. Mr. PERDUE (for himself appropriations for the Department of tember 30, 2019, and for other purposes; and Mr. ISAKSON) submitted an amend- Defense for the fiscal year ending Sep- which was ordered to lie on the table; ment intended to be proposed to tember 30, 2019, and for other purposes; as follows: amendment SA 3695 proposed by Mr. which was ordered to lie on the table; At the appropriate place in division A, in- SHELBY to the bill H.R. 6157, making as follows: sert the following: appropriations for the Department of At the appropriate place in title VIII of di- SEC. llll. (a) Not later than 90 days Defense for the fiscal year ending Sep- vision A, insert the following: after the date of the enactment of this Act, tember 30, 2019, and for other purposes; SEC. lll. (a) The amount appropriated and every 90 days thereafter, the Secretary which was ordered to lie on the table; by title III of this division under the heading of Defense, in consultation with the Director as follows: ‘‘Aircraft Procurement, Air Force’’ is hereby of National Intelligence, shall certify to the

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.048 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5850 CONGRESSIONAL RECORD — SENATE August 22, 2018 congressional defense committees and the ment intended to be proposed to SEC. lll. Of the amounts appropriated or congressional intelligence committees that amendment SA 3695 proposed by Mr. otherwise made available under paragraph there are no known devices, components, SHELBY to the bill H.R. 6157, making (2) under the heading ‘‘VETERANS EMPLOY- subcomponents, or software embedded within appropriations for the Department of MENT AND TRAINING’’ under title I, $2,000,000 or with access to any operational or business may be used to carry out a pilot program for data or voice network of the Department of Defense for the fiscal year ending Sep- preparing members of the Armed Forces Defense, including intranets, that are pro- tember 30, 2019, and for other purposes; transitioning to civilian life to qualify for, duced by Huawei Technologies Company, which was ordered to lie on the table; and for assisting in placing them in, appren- ZTE Corporation, any subsidiary or affiliate as follows: ticeship programs. of such entity, or any other Chinese tele- At the appropriate place in title II of divi- communication or technology entity. sion B insert the following: SA 3952. Mr. CASSIDY (for himself (b)(1) If it is not possible to make a certifi- SEC. ll. No funds made available by this and Mr. KENNEDY) submitted an cation under subsection (a), the Secretary of Act may be used to support the guidance Defense, in consultation with the Director of amendment intended to be proposed to issued by the Department of Health and amendment SA 3695 proposed by Mr. National Intelligence, shall submit to the Human Services and the Department of the congressional defense committees a report Treasury entitled ‘‘Waivers for State Innova- SHELBY to the bill H.R. 6157, making detailing all instances of known devices, tion’’ (80 Fed. Reg. 78131 (December 16, 2015)). appropriations for the Department of components, subcomponents, or software em- Defense for the fiscal year ending Sep- bedded within or with access to any oper- SA 3949. Mrs. ERNST submitted an tember 30, 2019, and for other purposes; ational or business data or voice network of amendment intended to be proposed to which was ordered to lie on the table; the Department of Defense, including intranets, that are produced by Huawei amendment SA 3695 proposed by Mr. as follows: Technologies Company, ZTE Corporation, SHELBY to the bill H.R. 6157, making At the appropriate place in title VIII of di- any subsidiary or affiliate of such entity, or appropriations for the Department of vision A, insert the following: any other Chinese telecommunication or Defense for the fiscal year ending Sep- SEC. lll. Not later than 180 days after technology entity, and including a plan to tember 30, 2019, and for other purposes; the date of the enactment of this Act, the excise such devices, components, subcompo- which was ordered to lie on the table; Secretary of the Navy shall submit to the nents, or software within 30 days of the re- as follows: congressional defense committees an adden- port. dum to the 30-year shipbuilding plan of the At the appropriate place in title VIII of di- (2) The report required by paragraph (1) Navy that sets forth in detail the manner in vision A, insert the following: shall be submitted in unclassified form but which the Department of the Navy will take SEC. lll. In addition to a location near may include a classified annex. into account in such plan each of the fol- (c)(1) Not later than 180 days after the date a United States Army Depot for a mobile small arms repair team under the pilot pro- lowing: of the enactment of this Act, the Secretary (1) Appropriate diversification among of Defense, in consultation with the Director gram on a mobile small arms repair team provided for by Senate Report 115–290 (115th small-sized and medium-sized surface ships. of National Intelligence, shall submit to the (2) Existing programs and designs in pro- congressional defense committees and the Congress), such a teams may be provided for a location near an Army Arsenal. duction of Armed Forces other than the congressional intelligence committees a re- Navy that could be used to achieve a Navy of port on the following: SA 3950. Mr. BLUNT (for himself, Mr. 355 surface ships in a more expeditious and (A) The threat that incorporating devices, cost-effective manner than is currently con- components, subcomponents, or software ALEXANDER, and Mrs. MURRAY) submitted an amendment intended to be templated by the plan. produced by Chinese telecommunication or (3) Capacity in the shipbuilding industry as technology entities into operational or busi- proposed to amendment SA 3695 pro- of the date of the report. ness data and voice networks of the Depart- posed by Mr. SHELBY to the bill H.R. ment of Defense poses to the national secu- 6157, making appropriations for the De- SA 3953. Mr. BROWN submitted an rity of the United States. partment of Defense for the fiscal year amendment intended to be proposed by (B) The extent to which Chinese tele- ending September 30, 2019, and for him to the bill H.R. 6157, making ap- communications equipment and components other purposes; which was ordered to are embedded within operational or business propriations for the Department of De- data and voice networks of the Department lie on the table; as follows: fense for the fiscal year ending Sep- of Defense, and how many Chinese tele- At the appropriate place in title II of divi- tember 30, 2019, and for other purposes; communications technology components sion B, insert the following: which was ordered to lie on the table; SEC. . Of the funds appropriated under have been removed during the two-year pell as follows: riod preceding the report. the heading ‘‘Office of the Director’’ under the heading ‘‘National Institutes of Health’’, At the appropriate place in title II, insert (C) The prevalence of Chinese-origin tele- the following: communications equipment available for $5,000,000 shall be transferred to and merged SEC. lll. (a) None of the funds appro- sale on military installations of the United with the appropriation for the ‘‘Office of the Inspector General’’ for oversight of grant priated or otherwise made available to the States. Department of Health and Human Services (D) The privacy and security threats posed programs and operations of the National In- stitutes of Health, including agency efforts by this Act may be used to approve a new to members of the Armed Forces and their waiver of the Medicaid non-emergency med- families by the use of Chinese-origin tele- to ensure the integrity of its grant application evaluation and selection processes, and ical transportation requirement pursuant to communications devices, components, sub- shall be in addition to funds otherwise made an application received by the Secretary on components, and software, including mobile available for oversight of the National Insti- or after August 1, 2018, unless a State apply- phones, fitness monitors with tracking capa- tutes of Health: Provided, That funds may be ing for a waiver of such required services cer- bilities, routers, and other household compo- transferred from one specified activity to an- tifies the State will— nents. (1) reinstate such services if the rate of or (2) The report required by paragraph (1) other with 15 days prior approval of the Com- attendance at appointments for Medicaid-ap- shall be submitted in unclassified form but mittees of Appropriations of the House of proved services declines; and may include a classified annex. Representatives and the Senate: Provided further, That the Inspector General shall con- (2) provide a sufficient amount of financial SA 3947. Mrs. ERNST submitted an sult with the House and Senate Committees resources from non-Federal funds previously amendment intended to be proposed to on Appropriations before submitting to the used to provide required services to support amendment SA 3695 proposed by Mr. Committees an audit plan for fiscal years non-emergency medical transportation 2019 and 2020 no later than 30 days after the under locally developed coordinated trans- SHELBY to the bill H.R. 6157, making date of enactment of this Act. portation plans (as required under section appropriations for the Department of 5310 of title 49, United States Code) at serv- Defense for the fiscal year ending Sep- SA 3951. Mr. HELLER (for himself ice levels necessary to maintain the rate of tember 30, 2019, and for other purposes; and Mr. TESTER) submitted an amend- and attendance at appointments for Med- which was ordered to lie on the table; ment intended to be proposed to icaid-approved services. as follows: amendment SA 3695 proposed by Mr. (b) None of the funds appropriated or oth- At the appropriate place in title I of divi- SHELBY to the bill H.R. 6157, making erwise made available to the Department of sion B insert the following: appropriations for the Department of Health and Human by this Act may be used to renew or continue a waiver issued pursu- SEC. ll. No funds made available by this Defense for the fiscal year ending Sep- Act may be used to enforce the limitation ant to the conditions of subsection (a) if a under paragraph (1) or (2)(B) of section 102(f) tember 30, 2019, and for other purposes; State fails to maintain compliance with such of the Family and Medical Leave Act of 1993. which was ordered to lie on the table; conditions. as follows: SA 3948. Mrs. ERNST (for herself and At the appropriate place in division B, in- SA 3954. Mr. DURBIN (for himself, Mr. GRASSLEY) submitted an amend- sert the following: Ms. BALDWIN, Mr. BLUMENTHAL, Mr.

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.046 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5851 BROWN, Mr. CARPER, Mr. COONS, Ms. Food and Drug Administration under the At the appropriate place in division B, in- CORTEZ MASTO, Mrs. GILLIBRAND, Ms. Federal Food, Drug, and Cosmetic Act (21 sert the following: HARRIS, Ms. HASSAN, Ms. HIRONO, Mr. U.S.C. 301 et seq.), among youths in REPORT ON RACIAL DISPARITIES IN PREGNANCY- schools.’’. MARKEY, Mr. MERKLEY, Mr. MURPHY, RELATED MORTALITY RATES Mr. REED, Mr. SANDERS, Mr. SCHATZ, SA 3957. Mr. BOOKER (for himself, SEC. ll. Not later than 120 days after the Ms. SMITH, Mr. VAN HOLLEN, Ms. WAR- Ms. SMITH, and Mrs. SHAHEEN) sub- date of enactment of this Act, the Director REN, Mr. WHITEHOUSE, Mr. WYDEN, Ms. mitted an amendment intended to be of the Centers for Disease Control and Pre- DUCKWORTH, Mrs. FEINSTEIN, and Mrs. vention shall submit to Congress a report on proposed to amendment SA 3695 pro- racial disparities in pregnancy-related mor- SHAHEEN) submitted an amendment in- posed by Mr. SHELBY to the bill H.R. tended to be proposed to amendment tality rates, which shall— 6157, making appropriations for the De- (1) identify the causes of racial disparities SA 3695 proposed by Mr. SHELBY to the partment of Defense for the fiscal year in pregnancy-related mortality rates in the bill H.R. 6157, making appropriations ending September 30, 2019, and for United States, and why such rates are higher for the Department of Defense for the other purposes; which was ordered to among African American women, Hispanic fiscal year ending September 30, 2019, lie on the table; as follows: women, Asian American women, American Indian women, Alaskan Native women, and and for other purposes; which was or- At the appropriate place in title III of divi- Native Hawaiian women; and dered to lie on the table; as follows: sion B, insert the following: (2) make recommendations for reducing— At the appropriate place in title III of divi- SEC. lll. Not later than 6 months after sion B, insert the following: the date of enactment of this Act and peri- (A) racial disparities in pregnancy-related SEC. ll. The Secretary of Education may odically thereafter, the Secretary of Edu- mortality rates in the United States; and not use any funds provided under this Act to cation shall— (B) the overall pregnancy-related mor- promulgate any regulation to repeal, re- (1) work with States to identify and imple- tality rate in the United States. write, or amend title 34, Code of Federal Reg- ment a process for increasing awareness of, ulations (relating to gainful employment) as and simplifying the application and certifi- SA 3959. Mr. MARKEY (for himself, added or amended by the final regulations cation process for, TEACH Grants under sub- Mr. NELSON, Mr. WHITEHOUSE, Ms. COR- published by the Department of Education part 9 of part A of title IV of the Higher Edu- TEZ MASTO, Ms. HARRIS, Mr. MENENDEZ, on October 31, 2014 (79 Fed. Reg. 64889 et cation Act of 1965 (20 U.S.C. 1070g et seq.); Mr. MURPHY, Mrs. FEINSTEIN, Mr. seq.). (2) review and make appropriate changes to REED, Ms. HASSAN, Mr. DURBIN, Mr. the procedures through which the service ob- CASEY, Mr. BLUMENTHAL, Mr. VAN HOL- SA 3955. Mr. DURBIN (for himself, ligation of a recipient of a TEACH Grant is LEN, Ms. KLOBUCHAR, Mr. MERKLEY, and Ms. BALDWIN, Mr. BLUMENTHAL, Mr. converted to a loan and a recipient engages BROWN, Mr. CARPER, Mr. COONS, Ms. in dispute resolution procedures; Mrs. SHAHEEN) submitted an amend- CORTEZ MASTO, Mrs. GILLIBRAND, Ms. (3) disseminate to recipients and make ment intended to be proposed to HARRIS, Ms. HASSAN, Mr. HEINRICH, Ms. publicly available and accessible on the De- amendment SA 3695 proposed by Mr. HIRONO, Mr. MARKEY, Mr. MERKLEY, partment’s website, clear, consistent infor- SHELBY to the bill H.R. 6157, making mation on program service requirements and Mr. MURPHY, Mr. NELSON, Mr. REED, appropriations for the Department of the procedures related to grant to loan con- Defense for the fiscal year ending Sep- Mr. SANDERS, Mr. SCHATZ, Ms. SMITH, versions, including— Ms. STABENOW, Mr. VAN HOLLEN, Ms. tember 30, 2019, and for other purposes; (A) an explanation that recipients have an which was ordered to lie on the table; WARREN, Mr. WHITEHOUSE, Mr. WYDEN, option to appeal a conversion or waiver deci- Ms. DUCKWORTH, Mrs. FEINSTEIN, and sion under a TEACH Grant; as follows: Mrs. SHAHEEN) submitted an amend- (B) how a recipient can initiate an appeal; On page 200, line 14, strike the period and ment intended to be proposed to and insert ‘‘(and an additional amount of amendment SA 3695 proposed by Mr. (C) the specific criteria in considering the $50,000,000, to be used by the Centers for Dis- appeal; ease Control and Prevention for the purpose SHELBY to the bill H.R. 6157, making (4) clarify that a teacher in a qualifying of conducting or supporting research on fire- appropriations for the Department of teaching position at a qualifying school that arms safety or gun violence prevention).’’. Defense for the fiscal year ending Sep- meets the TEACH Grant program service ob- tember 30, 2019, and for other purposes; ligation requirements for all or part of one of SA 3960. Mr. CORNYN submitted an which was ordered to lie on the table; the required 4 years of teaching and for the amendment intended to be proposed to as follows: school year in which the teacher was ini- amendment SA 3695 proposed by Mr. At the appropriate place in title III of divi- tially hired, but for which such school fails to meet such requirements in subsequent SHELBY to the bill H.R. 6157, making sion B, insert the following: appropriations for the Department of SEC. ll. The Secretary of Education may years, shall be deemed to meet program serv- not use any funds provided under this Act to ice requirements for all of the subsequent Defense for the fiscal year ending Sep- promulgate any regulation to repeal, re- years during which the teacher remains at tember 30, 2019, and for other purposes; write, or amend title 34, Code of Federal Reg- such school; which was ordered to lie on the table; ulations (relating to borrower defense to re- (5) provide the full biennial report to Con- as follows: gress on the TEACH Grant program, as re- payment) as added or amended by the final At the appropriate place, insert the fol- quired under section 420P of the Higher Edu- regulations published by the Department of lowing: ‘‘Provided further, That a prime con- cation Act of 1965, including copies of all pre- Education on November 1, 2016 (81 Fed. Reg. tractor for a contract under a program under vious reports required since the program’s 75926 et seq.). title IV of the Higher Education Act of 1965 inception; shall receive credit toward the subcon- Mr. HATCH (for himself and (6) make publicly available any analysis, SA 3956. tracting goals established through a subcon- findings, or results of any reviews by the De- Mr. UDALL) submitted an amendment tracting plan required under section 8(d) of partment of Education regarding erroneous intended to be proposed to amendment the Small Business Act (15 U.S.C. 637(d)) for or unfair conversions of TEACH Grants to SA 3695 proposed by Mr. SHELBY to the subcontractors that are small business con- loans; and bill H.R. 6157, making appropriations cerns and qualified State or nonprofit enti- (7) direct the Commissioner of the National ties with expertise in assisting students and for the Department of Defense for the Center for Education Statistics to add a borrowers under programs under such title fiscal year ending September 30, 2019, school ID number to the data collected in IV.’’. and for other purposes; which was or- the Teacher Cancellation Low Income Direc- dered to lie on the table; as follows: tory. At the appropriate place in title III of divi- SA 3961. Mr. TOOMEY (for himself sion B, insert the following: ‘‘Provided fur- SA 3958. Mr. CARDIN (for himself, and Mr. CASSIDY) submitted an amend- ther, In carrying out drug prevention pro- Mr. CARPER, Mr. BOOKER, Mr. MENEN- ment intended to be proposed to grams and activities to support safe and DEZ, Ms. HARRIS, and Ms. HIRONO) sub- amendment SA 3695 proposed by Mr. healthy schools as instructed in the Elemen- mitted an amendment intended to be SHELBY to the bill H.R. 6157, making tary and Secondary Education Act of 1965 (20 proposed to amendment SA 3695 pro- appropriations for the Department of U.S.C. 6301 et seq.), State educational agen- posed by Mr. SHELBY to the bill H.R. Defense for the fiscal year ending Sep- cies and local educational agencies receiving 6157, making appropriations for the De- tember 30, 2019, and for other purposes; funds under part A or B of title IV of such Act, may target funding toward efforts partment of Defense for the fiscal year which was ordered to lie on the table; aimed at reducing or eliminating the use of ending September 30, 2019, and for as follows: e-cigarette or electronic nicotine delivery other purposes; which was ordered to At the appropriate place, insert the fol- systems (ENDS) or tobacco, as defined by the lie on the table; as follows: lowing:

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.036 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5852 CONGRESSIONAL RECORD — SENATE August 22, 2018 SEC. ll. FUNDING MODIFICATION OF THE CHIL- Defense for the fiscal year ending Sep- of such chapter is amended by adding at the DREN’S HEALTH INSURANCE PRO- end the following new item: GRAM. tember 30, 2019, and for other purposes; ‘‘949o–1. Contempt.’’. (a) APPROPRIATION; TOTAL ALLOTMENT.— which was ordered to lie on the table; Section 2104(a) of the Social Security Act (42 as follows: (b) CONFORMING AMENDMENTS.—Section 950t of title 10, United States Code, is amend- U.S.C. 1397dd(a)) is amended— At the appropriate place in title VIII of died— (1) by striking paragraphs (23) through (27); vision A, insert the following: (2) by redesignating paragraph (28) as para- (1) by striking paragraph (31); and SEC. lll. CLARIFICATION OF AUTHORITY OF graph (24); and (2) by redesignating paragraph (32) as para- MILITARY COMMISSIONS ESTAB- graph (31). (3) by inserting after paragraph (22) the fol- LISHED UNDER CHAPTER 47A OF (c) RULE OF CONSTRUCTION.—The amend- lowing: TITLE 10, UNITED STATES CODE, TO ‘‘(23) for each of fiscal years 2020 through PUNISH CONTEMPT. ments made by subsections (a) and (b) shall not be construed to affect the lawfulness of 2026, such sums as are necessary to fund al- (a) CLARIFICATION.— any punishment for contempt adjudged prior lotments to States under subsections (c) and (1) IN GENERAL.—Subchapter IV of chapter to the effective date of such amendments. (m); and’’. 47A of title 10, United States Code, is amend- (d) APPLICABILITY.—The amendments made (b) CONFORMING AMENDMENTS.—Section ed by adding at the end the following new by subsections (a) and (b) shall take effect on 2104 of the Social Security Act (42 U.S.C. section: 1397dd) is amended— the date of the enactment of this Act, and shall apply with respect to conduct by a per- (1) in subsection (m)— ‘‘§ 949o–1. Contempt son that occurs on or after such date. (A) in paragraph (2)(B)— ‘‘(a) AUTHORITY TO PUNISH.—(1) With re- (i) in the matter preceding clause (i), by spect to any proceeding under this chapter, a judicial officer specified in paragraph (2) SA 3963. Mr. SANDERS submitted an striking ‘‘(27)’’ and inserting ‘‘(24)’’; amendment intended to be proposed to (ii) in clause (i), by striking ‘‘, 2023,’’; and may punish for contempt any person who— (iii) in clause (ii)(I)— ‘‘(A) uses any menacing word, sign, or ges- amendment SA 3695 proposed by Mr. (I) by striking ‘‘or 2024’’; and ture in the presence of the judicial officer SHELBY to the bill H.R. 6157, making (II) by striking ‘‘or (10), respectively’’; during the proceeding; appropriations for the Department of (B) in paragraph (5)— ‘‘(B) disturbs the proceeding by any riot or Defense for the fiscal year ending Sep- (i) by striking ‘‘(10), or (11)’’ and inserting disorder; or tember 30, 2019, and for other purposes; ‘‘or (10)’’; and ‘‘(C) willfully disobeys a lawful writ, proc- which was ordered to lie on the table; (ii) by striking ‘‘2023,’’; ess, order, rule, decree, or command issued as follows: with respect to the proceeding. (C) in paragraph (9)— At the appropriate place in title II of divi- ‘‘(2) A judicial officer referred to in para- (i) by striking ‘‘(10), or (11)’’ and inserting sion B, insert the following: graph (1) is any of the following: ‘‘or (10)’’; and ll ‘‘(A) Any judge of the United States Court SEC. . REASONABLE PRICE AGREEMENT. (ii) by striking ‘‘2023,’’; (a) IN GENERAL.—If any Federal agency or of Military Commission Review. (D) by striking paragraph (10); any non-profit entity using funds appro- ‘‘(B) Any military judge detailed to a mili- (E) by redesignating paragraph (11) as priated in this Act undertakes Federally tary commission or any other proceeding paragraph (10); and funded health care research and development under this chapter. (F) in paragraph (10), as so redesignated, by and is to convey or provide a patent for a UNISHMENT.—The punishment for striking ‘‘(28)’’ each place it appears and in- ‘‘(b) P drug, biologic, or other health care tech- serting ‘‘(24)’’; and contempt under subsection (a) may not ex- nology developed through such research, (2) in subsection (n)(3)(A)— ceed confinement for 30 days, a fine of $1,000, such agency or entity shall not make such (A) by striking ‘‘fiscal years 2018 through or both. conveyance or provide such patent until the 2022, or fiscal years 2024 through 2026’’ and ‘‘(c) REVIEW.—(1) A punishment under this entity (including a non-profit entity) that inserting ‘‘fiscal years 2018 through 2026’’; section— will receive such patent first agrees to a rea- and ‘‘(A) is not reviewable by the convening au- sonable pricing agreement with the Sec- (B) by striking ‘‘, 2023’’. thority of a military commission under this retary of Health and Human Services (re- (c) REPEAL OF ONE-TIME APPROPRIATION FOR chapter; ferred to in this section as the ‘‘Secretary’’) FISCAL YEAR 2023.—Section 3002(b) of the ‘‘(B) if imposed by a military judge, shall or the Secretary makes a determination that HEALTHY KIDS Act (Public Law 115—120) is constitute a judgment, subject to review in the public interest is served by a waiver of amended by striking paragraph (2). the first instance only by the United States the reasonable pricing agreement provided in (d) CHILD ENROLLMENT CONTINGENCY FUND Court of Military Commission Review and accordance with subsection (c). CAP.—Section 2104(n)(2) of the Social Secu- then only by the United States Court of Ap- (b) PROHIBITION OF DISCRIMINATION.— rity Act (42 U.S.C. 1397dd(n)(2)) is amended— peals for the District of Columbia Circuit; (1) IN GENERAL.—For purposes of subsection (1) in subparagraph (A)— and (a), any reasonable pricing formula that is (A) in clause (i), by striking ‘‘and’’ after ‘‘(C) if imposed by a judge of the United utilized shall not result in discriminatory the semi-colon; States Court of Military Commission Re- pricing for the drug, biologic, or other health (B) in clause (ii)— view, shall constitute a judgment of the care technology involved regardless of the (i) by inserting ‘‘and’’ after ‘‘2016,’’; court subject to review only by the United number of bidders involved. In carrying out (ii) by striking ‘‘through 2022, and 2024 States Court of Appeals for the District of this subparagraph, the Secretary shall en- through 2026’’ and inserting ‘‘through 2019’’; Columbia Circuit. sure that the Federal Government, with re- (iii) by striking ‘‘, 2023, and 2027’’; ‘‘(2) In reviewing a punishment for con- spect to the drug, biologic, or other health (iv) by striking ‘‘2015,’’ and inserting ‘‘2015, tempt imposed under this section, the re- care technology involved, is charged an and’’; and viewing court shall affirm such punishment amount that is not more than the lowest (v) by striking the period at the end and unless the court finds that imposing such amount charged to countries in the Organi- inserting ‘‘; and’’; and punishment was an abuse of the discretion of zation for Economic Co-Operation and Devel- (C) by adding at the end the following: the judicial officer who imposed such punish- opment for the same drug, biologic, or tech- ‘‘(iii) for each of fiscal years 2020 through ment. nology, that have the largest gross domestic 2026 (and for the semi-annual allotment pe- ‘‘(3) A petition for review of punishment product with a per capita income that is not riod for fiscal year 2027), only such sums as for contempt imposed under this section less than half the per capita income of the are necessary to enable the Secretary to shall be filed not later than 60 days after the United States. make payments from the Fund to eligible date on which the authenticated record upon (2) DISCRIMINATORY PRICING.—For the pur- States under paragraph (3) for such fiscal which the contempt punishment is based and poses of paragraph (1), a cost based reason- year or period.’’; any contempt proceedings conducted by the able pricing formula that is utilized shall be (2) in subparagraph (B)— judicial officer are served on the person pun- considered to result in discriminatory pric- (A) by inserting ‘‘and’’ after ‘‘2016,’’; ished for contempt. ing if the contract for sale of the drug, bio- (B) by striking ‘‘through 2022, and 2024 ‘‘(d) PUNISHMENT NOT CONVICTION.—Punish- logic, or other health care technology places through 2026’’ and inserting ‘‘through 2019’’; ment for contempt is not a conviction or a limit on supply, or employs any other (C) by striking ‘‘2015,’’ and inserting ‘‘2015, sentence within the meaning of section 949m measure, that has the effect of— and’’; and of this title. The imposition of punishment (A) providing access to such drug, biologic, (D) by striking ‘‘, 2023, and 2027’’; and for contempt is not governed by other provi- or technology on terms or conditions that (3) in subparagraph (D), by inserting ‘‘be- sions of this chapter applicable to military are less favorable than the terms or condi- fore fiscal year 2020’’ after ‘‘period’’. commissions, except that the Secretary of tions provided to a foreign purchaser (other Defense may prescribe procedures for con- SA 3962. Mr. YOUNG submitted an than a charitable or humanitarian organiza- tempt proceedings and punishments, pursu- tion) of the drug, biologic, or technology; or amendment intended to be proposed to ant to the authority provided in section 949a (B) restricting access to the drug, biologic, amendment SA 3695 proposed by Mr. of this title.’’. or technology under this section. SHELBY to the bill H.R. 6157, making (2) CLERICAL AMENDMENT.—The table of (c) WAIVER.—No waiver shall take effect appropriations for the Department of sections at the beginning of subchapter of IV under subsection (a) before the public is

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.041 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5853 given notice of the proposed waiver and pro- At the appropriate place in title VIII of di- him to the bill H.R. 6157, making ap- vided a reasonable opportunity to comment vision A, insert the following: propriations for the Department of De- on the proposed waiver. A decision to grant SEC. llll. Of the amount appropriated fense for the fiscal year ending Sep- or otherwise made available in this division a waiver shall set out the Secretary’s finding tember 30, 2019, and for other purposes; that such a waiver is in the public interest. under the heading ‘‘RESEARCH, DEVELOP- MENT, TEST AND EVALUATION, DEFENSE-WIDE’’ which was ordered to lie on the table; SA 3964. Mr. DURBIN (for himself for the Operational Energy Capability Im- as follows: and Mr. GRASSLEY) submitted an provement Fund, $15,000,000 shall be used to At the end, add the following: amendment intended to be proposed to test and evaluate technologies that achieve The provisions in this Act shall go into ef- operational energy capability improvement fect 2 days after enactment. amendment SA 3695 proposed by Mr. to support Naval Special Warfare and Marine SHELBY to the bill H.R. 6157, making Corps Expeditionary Warfare Center testing SA 3970. Mr. SCHUMER submitted an appropriations for the Department of and tactical operations requirements. amendment intended to be proposed by Defense for the fiscal year ending Sep- him to the bill H.R. 6157, making ap- tember 30, 2019, and for other purposes; SA 3967. Mr. PAUL (for himself and Mr. LEE) submitted an amendment in- propriations for the Department of De- which was ordered to lie on the table; fense for the fiscal year ending Sep- as follows: tended to be proposed to amendment SA 3695 proposed by Mr. SHELBY to the tember 30, 2019, and for other purposes; At the appropriate place in title II of divi- which was ordered to lie on the table; sion B, insert the following: bill H.R. 6157, making appropriations SEC. ll. Of the funds made available for the Department of Defense for the as follows: under this Act, not more than $1,000,000 shall fiscal year ending September 30, 2019, At the end, add the following: be used by the Secretary of Health and and for other purposes; which was or- The provisions in the Act shall go into ef- Human Services to issue a regulation requir- dered to lie on the table; as follows: fect 3 days after enactment. ing that direct-to-consumer prescription At the appropriate place in title V of divi- drug and biological product advertisements SA 3971. Mr. WYDEN submitted an sion B, insert the following: amendment intended to be proposed to include an appropriate disclosure of pricing SEC. ll. (a) IN GENERAL.—None of the information with respect to such products. funds made available by this Act may be amendment SA 3695 proposed by Mr. available directly or through a State (includ- SHELBY to the bill H.R. 6157, making SA 3965. Mr. BOOKER (for himself, ing through managed care contracts with a appropriations for the Department of Mr. LEE, Mr. CRUZ, and Mr. MURPHY) State) to a prohibited entity. Defense for the fiscal year ending Sep- submitted an amendment intended to (b) PROHIBITED ENTITY.—The term ‘‘prohib- tember 30, 2019, and for other purposes; be proposed by him to the bill H.R. ited entity’’ means an entity, including its affiliates, subsidiaries, successors, and clin- which was ordered to lie on the table; 6157, making appropriations for the De- as follows: partment of Defense for the fiscal year ics— (1) that, as of the date of enactment of this At the appropriate place, insert the fol- ending September 30, 2019, and for Act— lowing: other purposes; which was ordered to (A) is an organization described in section SEC. ll. CLEAN AIR REFUGEE ASSISTANCE. lie on the table; as follows: 501(c)(3) of the Internal Revenue Code of 1986 (a) SHORT TITLE.—This section may be At the appropriate place in title II of divi- and exempt from taxation under section cited as the ‘‘Clean Air Refugee Assistance sion B, insert the following: 501(a) of such Code; Act of 2018’’. SEC. ll. GAO STUDY AND REPORT ON THE USE (B) is an essential community provider de- (b) ASSISTANCE.—In carrying out the Tran- OF RESTRICTIVE EMPLOYMENT COV- scribed in section 156.235 of title 45, Code of sitional Sheltering Assistance Program of ENANTS BY AGENCIES THAT PRO- Federal Regulations (as in effect on the date the Federal Emergency Management Agency VIDE HOME HEALTH SERVICES TO of enactment of this Act), that is primarily under section 403 of Robert T. Stafford Dis- MEDICARE AND MEDICAID BENE- engaged in family planning services, repro- FICIARIES. aster Relief and Emergency Assistance Act ductive health, and related medical care; and (42 U.S.C. 5170b), the President may provide (a) STUDY.—The Comptroller General of (C) performs, or provides any funds to any the United States (in this section referred to transitional shelter assistance to individuals other entity that performs abortions, other as the ‘‘Comptroller General’’) shall conduct living in an area where the air quality index than an abortion performed— a study on the use of restrictive employment is determined to be unhealthy for not less (i) in the case of a pregnancy that is the re- covenants by agencies that provide home than 3 consecutive days as a result of a wild- sult of an act of rape or incest; or health services to Medicare and Medicaid fire declared by the President to be a major (ii) in the case where a woman suffers from beneficiaries. Such study shall include an disaster under section 401 of such Act (42 a physical disorder, physical injury, or phys- analysis of the following: U.S.C. 5170) or declared to be a major dis- ical illness that would, as certified by a phy- (1) The prevalence (and profile) of home aster by the Governor of the State in which sician, place the woman in danger of death health agencies that receive reimbursement the individuals are located. unless an abortion is performed, including a for the provision of home health services life endangering physical condition caused under the Medicare and Medicaid programs SA 3972. Mr. PETERS (for himself by, or arising from, the pregnancy itself; and and use restrictive employment covenants. and Mr. CASSIDY) submitted an amend- (2) for which the total amount of Federal (2) The profile of workers at such agencies ment intended to be proposed to grants to such entity, including grants to that are bound by such restrictive employ- amendment SA 3695 proposed by Mr. any affiliates, subsidiaries, or clinics of such ment covenants, including the average wage SHELBY to the bill H.R. 6157, making entity, under title X of the Public Health of such workers and their employment sta- Service Act in fiscal year 2016 exceeded appropriations for the Department of tus. $23,000,000. Defense for the fiscal year ending Sep- (3) The profile of the terms of such restric- (c) END OF PROHIBITION.—The definition in tember 30, 2019, and for other purposes; tive employment covenants, including geog- subsection (b) shall cease to apply to an enti- raphy and duration. which was ordered to lie on the table; ty if such entity certifies that it, including as follows: (4) Other items determined appropriate by its affiliates, subsidiaries, successors, and At the appropriate place in title II of divi- the Comptroller General. clinics, will not perform, and will not pro- (b) REPORT.—Not later than 6 months after vide any funds to any other entity that per- sion B, insert the following: SEC. . (a) Of the funds appropriated in the date of enactment of this Act, the Comp- forms, an abortion as described in subsection lll troller General shall submit to Congress a (b)(1)(C). this title under the heading ‘‘REFUGEE AND report on the study conducted under sub- ENTRANT ASSISTANCE’’ and available for car- section (a), together with recommendations SA 3968. Mr. SCHUMER submitted an rying out programs for victims of traf- for such legislation and administrative ac- amendment intended to be proposed by ficking, not less than $500,000 shall be made tion as the Comptroller General determines him to the bill H.R. 6157, making ap- available for carrying out section 702 of the appropriate. Trafficking Awareness Training for Health propriations for the Department of De- Care Act of 2015 (title VII of Public Law 114– SA 3966. Mr. CRUZ submitted an fense for the fiscal year ending Sep- 22) in a manner that complements and does amendment intended to be proposed to tember 30, 2019, and for other purposes; not duplicate training activities carried out amendment SA 3695 proposed by Mr. which was ordered to lie on the table; by the SOAR (Stop, Observe, Ask, Respond) SHELBY to the bill H.R. 6157, making as follows: to Health and Wellness Program of the De- appropriations for the Department of At the end, add the following: partment of Health and Human Services. The provisions in this Act shall go into ef- (b) Not later than one year after the date Defense for the fiscal year ending Sep- fect 1 day after enactment. of the enactment of this Act, the Secretary tember 30, 2019, and for other purposes; of Health and Human Services shall submit which was ordered to lie on the table; SA 3969. Mr. SCHUMER submitted an to Congress a report on how the Department as follows: amendment intended to be proposed by of Health and Human Services is carrying

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.041 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5854 CONGRESSIONAL RECORD — SENATE August 22, 2018 out activities to develop, evaluate, and dis- which was ordered to lie on the table; amendment SA 3695 proposed by Mr. seminate evidence-based best practices for as follows: SHELBY to the bill H.R. 6157, making training health professionals on identifying At the appropriate place in title II of divi- appropriations for the Department of victims of human trafficking. sion B, insert the following: Defense for the fiscal year ending Sep- SEC. ll. (a) In addition to amounts other- SA 3973. Mr. SCHUMER submitted an tember 30, 2019, and for other purposes; wise made available under this Act, there are which was ordered to lie on the table; amendment intended to be proposed to appropriated $1,000,000 for the congenital amendment SA 3695 proposed by Mr. heart disease program of the Centers for Dis- as follows: SHELBY to the bill H.R. 6157, making ease Control and Prevention. At the appropriate place in title VIII of di- appropriations for the Department of (b) Notwithstanding any other provision of vision A, insert the following: this Act, the total amount appropriated SEC. ll. (a) None of the funds appro- Defense for the fiscal year ending Sep- priated or otherwise made available by this tember 30, 2019, and for other purposes; under the heading ‘‘General Departmental Management’’ under the heading ‘‘Office of division may be obligated or expended to which was ordered to lie on the table; the Secretary’’ in this title is hereby reduced provide aid to the Government of the Peo- as follows: by $1,000,000. ple’s Republic of China or a provincial or At the appropriate place in title VIII of di- local government of the People’s Republic of vision A, insert the following: SA 3976. Ms. DUCKWORTH submitted China. SEC. lll. Of the amount appropriated or an amendment intended to be proposed (b)(1) Not later than December 31, 2018, and otherwise made available by title VI of this to amendment SA 3695 proposed by Mr. every December 31 thereafter, the President shall submit to Congress a report on spend- division under the heading ‘‘Drug Interdic- SHELBY to the bill H.R. 6157, making tion and Counter-Drug Activities, Defense’’, ing by Federal agencies relating to appropriations for the Department of amounts— up to $1,600,000 may be available for addi- Defense for the fiscal year ending Sep- tional activities to counter the threat of (A) given by any Federal agency directly fentanyl and its analogues from China tember 30, 2019, and for other purposes; to the Government of the People’s Republic through the following: which was ordered to lie on the table; of China or a provincial or local government (1) Direct support to law enforcement oper- as follows: of the People’s Republic of China; ations in the form of additional analytic and At the appropriate place in title II of divi- (B) spent directly by Federal agencies to cyber support. sion B, insert the following: fund programs associated with the aid to the (2) Expansion of counter-threat finance op- SEC. ll. The Secretary shall prepare and Government of the People’s Republic of erations to increase access to financial intel- submit to Congress, not later than Sep- China or a provincial or local government of ligence for focused analysis of financial tember 24, 2018, a report specifying the proc- the People’s Republic of China; and streams of fentanyl and its analogues. ess used by the Office of Refugee Resettle- (C) spent by any Federal agency to fund ment in granting requests for congressional programs that indirectly aid the Govern- SA 3974. Mr. RUBIO submitted an oversight visits to any facility in the United ment of the People’s Republic of China or a amendment intended to be proposed to States in which unaccompanied alien chil- provincial or local government of the Peo- ple’s Republic of China. amendment SA 3695 proposed by Mr. dren are housed or detained as a result of the policy described in the memorandum of the (2) Each report required by paragraph (1) SHELBY to the bill H.R. 6157, making Attorney General entitled ‘‘Zero-Tolerance shall include the following: appropriations for the Department of for Offenses Under 8 U.S.C. 1325(a)’’ dated (A) The amounts spent by each Federal Defense for the fiscal year ending Sep- April 6, 2018. agency by program and funding stream. tember 30, 2019, and for other purposes; (B) An accounting of the use of funds by which was ordered to lie on the table; SA 3977. Mr. MERKLEY (for himself, the People’s Republic of China by program. as follows: Mr. TESTER, Mr. CRAPO, Mr. DAINES, (C) A description of the mechanisms for tracking the use of funds by the People’s Re- Mr. WYDEN, Mr. RISCH, and Mr. At the appropriate place in title II of divi- public of China. sion B, insert the following: MANCHIN) submitted an amendment in- (D) A description of the history of the pro- SEC. lll. Not later than 90 days after the tended to be proposed to amendment grams and initiatives funded by such funds. enactment of this Act, the Secretary of SA 3695 proposed by Mr. SHELBY to the (3) The report required by paragraph (1) Health and Human Services shall submit a bill H.R. 6157, making appropriations shall be submitted in unclassified form, but report to the Committee on Appropriations for the Department of Defense for the may contain a classified annex. and the Committee on Finance of the Senate fiscal year ending September 30, 2019, and the Committee on Appropriations and Mr. CORNYN (for himself, and for other purposes; which was or- SA 3979. the Committee on Ways and Means of the Mr. BLUMENTHAL, and Mr. RUBIO) sub- dered to lie on the table; as follows: House of Representatives, detailing the cir- mitted an amendment intended to be cumstances in which the Centers for Medi- At the appropriate place in title I of divi- care & Medicaid Services may be providing sion B, insert the following: proposed to amendment SA 3695 pro- Medicare or Medicaid payments to, or other- SEC. lll. The Secretary, prior to July 1, posed by Mr. SHELBY to the bill H.R. wise funding, entities that process genome or 2019, shall prepare and submit to the Com- 6157, making appropriations for the De- exome data in the People’s Republic of China mittee on Appropriations of the House of partment of Defense for the fiscal year or the Russian Federation. The report shall Representatives and the Committee on Ap- ending September 30, 2019, and for outline the extent to which payments or propriations of the Senate a report that in- other purposes; which was ordered to other funding have been provided to such en- cludes— lie on the table; as follows: tities over the past 5 years, including (1) a copy of the interagency agreement be- On page 199, line 3, strike the period and amounts paid to each entity, and specific tween the Secretary of Labor and the Sec- insert the following: ‘‘: Provided further, that recommendations on steps to avoid pay- retary of Agriculture relating to the Civilian of the funds made available under this head- ments in the future. In developing the re- Conservation Centers; ing, $1,000,000 shall be available through the port, the Secretary shall also coordinate (2) a list of all active Civilian Conservation Telehealth Network grant to fund awards with other relevant agencies, as determined Centers and contractors administering such that use evidence-based practices that pro- by the Secretary, to examine the potential Centers; and mote school safety and individual health, effect of allowing beneficiaries’ genome or (3) a cumulative record of the funding pro- mental health, and well-being by providing exome data to be processed in the People’s vided to Civilian Conservation Centers dur- assessment and referrals for health, mental Republic of China or the Russian Federation ing the 10 years preceding the date of the re- health, or substance use disorder services to on United States national security, United port, including, for each Civilian Conserva- students who may be struggling with behav- States intellectual property protections, tion Center— ioral or mental health issues and providing HIPPA privacy protections, future bio- (A) the funds allocated to the Civilian Con- training and support to teachers, school medical development capabilities and com- servation Center; counselors, administrative staff, school re- petitiveness, and global competitiveness for (B) the number of enrollment slots main- source officers, and other relevant staff to United States laboratories. tained, disaggregated by gender and by residential or nonresidential training type; identify, refer, and intervene to help students experiencing mental health needs or SA 3975. Mr. DURBIN (for himself (C) the career technical training offerings available; who are considering harming themselves or and Mr. YOUNG) submitted an amend- others.’’. ment intended to be proposed to (D) the staffing levels and staffing patterns amendment SA 3695 proposed by Mr. at the Civilian Conservation Center; and Mr. CASSIDY submitted an ‘‘(E) the number of Career Technical Skills SA 3980. SHELBY to the bill H.R. 6157, making Training slots available.’’. amendment intended to be proposed to appropriations for the Department of amendment SA 3695 proposed by Mr. Defense for the fiscal year ending Sep- SA 3978. Mr. PERDUE submitted an SHELBY to the bill H.R. 6157, making tember 30, 2019, and for other purposes; amendment intended to be proposed to appropriations for the Department of

VerDate Sep 11 2014 04:49 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.049 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5855 Defense for the fiscal year ending Sep- not Federally-owned), or to a State in which DIVISION C—SECURE ELECTIONS ACT tember 30, 2019, and for other purposes; the local water authority is located, for the SEC. l01. SHORT TITLE. which was ordered to lie on the table; treatment of perfluorooctane sulfonic acid This division may be cited as the ‘‘Secure as follows: and perfluorooctanoic acid in drinking water Elections Act’’. from the water source and/or wells owned l At the appropriate place in title VIII of di- SEC. 02. DEFINITIONS. and operated by the local water authority In this division: vision A, insert the following: undertaken to attain the Environmental (1) APPROPRIATE CONGRESSIONAL COMMIT- SEC. lll. ANNUAL REPORTS ON THE READI- Protection Agency Lifetime Health Advisory TEES.—The term ‘‘appropriate congressional NESS OF THE ENLISTED MEMBERS level for such acids: Provided, That the appli- OF THE ARMED FORCES. committees’’ means— cable Lifetime Health Advisory shall be the (A) the Committee on Rules and Adminis- (a) ANNUAL REPORT REQUIRED.—Not later one in effect on the date of the enactment of tration, the Committee on Armed Services, than 90 days after the date of the enactment this Act: Provided further, That the local of this Act, and not less frequently than once the Committee on Homeland Security and water authority or State must have re- Governmental Affairs, the Committee on Ap- each year thereafter, the Secretary of De- quested such a payment from the Air Force fense shall submit to Congress a report on propriations, the Select Committee on Intel- or National Guard Bureau not later than the ligence, the majority leader, and the minor- readiness of the enlisted members of the date that is 120 days after the date of the en- Armed Forces. ity leader of the Senate; and actment of this Act: Provided further, That (B) the Committee on House Administra- (b) ELEMENTS.—Each report submitted the elevated levels of such acids in the water under subsection (a) shall include, for the tion, the Committee on Armed Services, the was the result of activities conducted by or Committee on Homeland Security, the Com- one-year period ending on the date of such paid for by the Department of the Air Force report, the following (which shall be mittee on Appropriations, the Permanent or the Air National Guard: Provided further, Select Committee on Intelligence, the disaggregated, when applicable, by members That such funds may be expended without of the Armed Forces who have been deployed Speaker, and the minority leader of the regard to existing contractual provisions in House of Representatives. and by members who have not been de- agreements between the Department of the ployed): (2) APPROPRIATE FEDERAL ENTITIES.—The Air Force or the National Guard Bureau, as term ‘‘appropriate Federal entities’’ means— (1) The percentage of enlisted members the case may be, and the State in which the who were diagnosed with a mental health (A) the Department of Commerce, includ- base is located relating to environmental re- ing the National Institute of Standards and disorder before joining the Armed Forces. sponse actions or indemnification: Provided (2) The percentage of enlisted members Technology; further, That, in order to be eligible for pay- (B) the Department of Defense; who were diagnosed with a mental health ment under this section, such treatment disorder during their first year as a member (C) the Department, including the compo- must have taken place after January 1, 2016, nent of the Department that reports to the of the Armed Forces. and the local water authority or State, as (3) The percentage of individuals— Under Secretary responsible for overseeing the case may be, must waive all claims for critical infrastructure protection, cybersecu- (A) who were discharged or released from treatment expenses incurred before such service in the Armed Forces during their rity, and other related programs of the De- date: Provided further, That any payment partment; first year in such service; and under this section may not exceed the actual (B) whose discharge or release from service (D) the Department of Justice, including cost of such treatment resulting from the ac- the Federal Bureau of Investigation; in the Armed Forces was under conditions tivities conducted by or paid for by the De- that were dishonorable or other than honor- (E) the Commission; and partment of the Air Force: Provided further, (F) the Office of the Director of National able. That the Secretary may enter into such (4) The percentage of individuals who en- Intelligence, the National Security Agency, agreements with the local water authority and such other elements of the intelligence listed in the Armed Forces pursuant to a or State as may be necessary to implement waiver to enlist, set forth by Armed Force. community (as defined in section 3 of the Na- this section: Provided further, That the Sec- tional Security Act of 1947 (50 U.S.C. 3003)) as (5) The reasons for the waivers described in retary may pay, utilizing the Defense State paragraph (4), set forth by Armed Force. the Director of National Intelligence deter- Memorandum of Agreement, costs that mines are appropriate. (6) The percentage of enlisted members would otherwise be eligible for payment who committed suicide during their first (3) COMMISSION.—The term ‘‘Commission’’ under that agreement were those costs paid means the Election Assistance Commission. year of service in the Armed Forces. using funds appropriated to the Environ- (7) The percentage of enlisted members (4) CYBERSECURITY INCIDENT.—The term mental Restoration Account, Air Force, es- ‘‘cybersecurity incident’’ has the meaning who committee suicide during their third tablished under section 2703(a)(4) of title 10, year of service in the Armed Forces. given the term ‘‘incident’’ in section 227 of United States Code. the Homeland Security Act of 2002 (6 U.S.C. SEC. lll. CENTRALIZED DATABASE ON CAN- 148). DIDATES NOT ACCEPTED FOR EN- LISTMENT IN THE ARMED FORCES. SA 3982. Mr. CASEY (for himself and (5) DEPARTMENT.—The term ‘‘Department’’ Commencing not later than 180 days after Mr. YOUNG) submitted an amendment means the Department of Homeland Secu- the date of the enactment of this Act, the intended to be proposed by him to the rity. Secretary of Defense shall establish and bill H.R. 6157, making appropriations (6) ELECTION AGENCY.—The term ‘‘election maintain within the Department of Defense for the Department of Defense for the agency’’ means any component of a State or any component of a county, municipality, or a centralized database on candidates who fiscal year ending September 30, 2019, were not accepted for enlistment in the other subdivision of a State that is respon- and for other purposes; which was or- sible for administering Federal elections. Armed Forces, including the reasons for non- dered to lie on the table; as follows: acceptance. (7) ELECTION CYBERSECURITY INCIDENT.—The At the appropriate place in title II of divi- term ‘‘election cybersecurity incident’’ SA 3981. Mrs. GILLIBRAND (for her- sion B, insert the following: means any cybersecurity incident involving an election system. self, Mr. ROUNDS, Mr. SCHUMER, Mr. SEC. ll. (a) In addition to amounts appro- (8) ELECTION CYBERSECURITY THREAT.—The MANCHIN, Mrs. CAPITO, Mr. BENNET, Ms. priated under the heading ‘‘Children and Families Services Programs’’ under the term ‘‘election cybersecurity threat’’ means WARREN, and Mr. GARDNER) submitted any cybersecurity threat (as defined in sec- an amendment intended to be proposed heading ‘‘Administration for Children and Families’’, there is appropriated $10,000,000 tion 102 of the Cybersecurity Information to amendment SA 3695 proposed by Mr. for purposes of carrying out title I of the Sharing Act of 2015 (6 U.S.C. 1501)) to an elec- SHELBY to the bill H.R. 6157, making Child Abuse Prevention and Treatment Act. tion system. (9) ELECTION CYBERSECURITY VULNER- appropriations for the Department of (b) Notwithstanding any other provision of ABILITY.—The term ‘‘election cybersecurity Defense for the fiscal year ending Sep- this Act, the total amount appropriated vulnerability’’ means any security vulner- tember 30, 2019, and for other purposes; under the heading ‘‘children and Families ability (as defined in section 102 of the Cy- Services Programs’’ is hereby reduced by which was ordered to lie on the table; bersecurity Information Sharing Act of 2015 $10,000,000. as follows: (6 U.S.C. 1501)) that affects an election sys- At the appropriate place in title VIII of di- tem. vision A, insert the following: SA 3983. Ms. KLOBUCHAR submitted (10) ELECTION SERVICE PROVIDER.—The term SEC. lll. Of the funds appropriated to an amendment intended to be proposed ‘‘election service provider’’ means any per- the Department of Defense under the head- by her to the bill H.R. 6157, making ap- son providing, supporting, or maintaining an ings ‘‘Operation and Maintenance, Air propriations for the Department of De- election system on behalf of an election Force’’ and ‘‘Operation and Maintenance, Air fense for the fiscal year ending Sep- agency, such as a contractor or vendor. National Guard’’, not more than $45,000,000 tember 30, 2019, and for other purposes; (11) ELECTION SYSTEM.—The term ‘‘election shall be available to the Secretary of the Air which was ordered to lie on the table; system’’ means the following: Force for payments to a local water author- (A) Information technology infrastructure ity located in the vicinity of an Air Force or as follows: and systems used to maintain voter registra- Air National Guard base (including a base At the end, add the following: tion databases.

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.050 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5856 CONGRESSIONAL RECORD — SENATE August 22, 2018 (B) Voting systems and associated infra- protocols to promptly share information re- (ii) political party affiliation or registra- structure, which are generally held in stor- lated to election cybersecurity incidents, tion information; and age but are located at polling places during threats, and vulnerabilities. (iii) voter history, including registration early voting and on election day. (2) CONTENTS.—The communication plan status or election participation; and (C) Information technology infrastructure and protocols required to be established (C) protect confidential Federal and State and systems used to manage elections, which under paragraph (1) shall require that the information from unauthorized disclosure. may include systems that count, audit, and Department promptly share appropriate in- (2) EXEMPTION FROM DISCLOSURE.—Informa- display election results on election night on formation with— tion relating to an election cybersecurity in- behalf of State governments as well as for (A) the appropriate Federal entities; cident, threat, or vulnerability, such as per- post-election reporting used to certify and (B) all State election officials; sonally identifiable information of reporting validate election results. (C) to the maximum extent practicable, all persons or individuals affected by such inci- (D) Such other systems the Secretary, in election agencies that have requested ongo- dent, threat, or vulnerability, shared by or consultation with the Commission, may ing updates on election cybersecurity inci- with the Federal Government shall be— identify as central to the management, sup- dents, threats, or vulnerabilities; and (A) deemed voluntarily shared information port, or administration of a Federal election. (D) to the maximum extent practicable, all and exempt from disclosure under section 552 (12) FEDERAL ELECTION.—The term ‘‘Fed- election agencies that may be affected by of title 5, United States Code, and any State, eral election’’ means a general, special, pri- the risks associated with the particular elec- tribal, or local provision of law requiring dis- mary, or runoff election for the office of tion cybersecurity incident, threat, or vul- closure of information or records; and President or Vice President, or of a Senator nerability. (B) withheld, without discretion, from the or Representative in, or Delegate or Resident (d) DEVELOPMENT OF STATE ELECTION CY- public under section 552(b)(3)(B) of title 5, Commissioner to, the Congress that is con- BERSECURITY INCIDENT RESPONSE AND COMMU- United States Code, and any State, tribal, or ducted by an election agency. NICATION PLAN TEMPLATE.—The Secretary local provision of law requiring disclosure of shall, in coordination with the Commission (13) FEDERAL ENTITY.—The term ‘‘Federal information or records. and the Election Infrastructure Government entity’’ means any agency (as defined in sec- (i) DUTY TO ASSESS POSSIBLE CYBERSECU- Coordinating Council, establish a template tion 551 of title 5, United States Code). RITY INCIDENTS.— that a State may use when establishing a (14) SECRETARY.—The term ‘‘Secretary’’ (1) ELECTION AGENCIES.—If an election State election cybersecurity incident re- means the Secretary of Homeland Security. sponse and communication plan. agency becomes aware of the possibility of (15) SIGNIFICANT CYBERSECURITY INCIDENT.— (e) TECHNICAL RESOURCES FOR ELECTION an election cybersecurity incident, the elec- The term ‘‘significant cybersecurity inci- AGENCIES.—In sharing information about tion agency shall promptly— dent’’ is a cybersecurity incident that is, or election cybersecurity incidents, threats, (A) assess whether an election cybersecu- a group of related cybersecurity incidents and vulnerabilities with election agencies rity incident occurred; that together are, likely to result in demon- under this section, the Department shall, to (B) notify the State election official in ac- strable harm to the national security inter- the maximum extent practicable— cordance with any notification process es- ests, foreign relations, or economy of the (1) provide cyber threat indicators and de- tablished by the State election official; and United States or to the public confidence, fensive measures (as such terms are defined (C) notify the Department in accordance civil liberties, or public health and safety of in section 102 of the Cybersecurity Informa- with subsection (j). the American people. tion Sharing Act of 2015 (6 U.S.C. 1501)), such (2) ELECTION SERVICE PROVIDERS.—If an (16) SIGNIFICANT ELECTION CYBERSECURITY as recommended technical instructions, that election service provider becomes aware of INCIDENT.—The term ‘‘significant election assist with preventing, mitigating, and de- the possibility of an election cybersecurity cybersecurity incident’’ means any signifi- tecting threats or vulnerabilities; incident, the election service provider shall cant cybersecurity incident involving an (2) identify resources available for pro- promptly— election system. tecting against, detecting, responding to, (A) assess whether an election cybersecu- (17) STATE.—The term ‘‘State’’ means each and recovering from associated risks, includ- rity incident occurred; and of the several States of the United States, ing technical capabilities of the Department; (B) notify the relevant election agencies in the District of Columbia, the Commonwealth and accordance with subsection (k). of Puerto Rico, Guam, American Samoa, the (3) provide guidance about further sharing (j) INFORMATION SHARING ABOUT CYBERSE- Commonwealth of Northern Mariana Islands, of the information. CURITY INCIDENTS BY ELECTION AGENCIES.—If and the United States Virgin Islands. (f) DECLASSIFICATION REVIEW.—If the De- an election agency has reason to believe that (18) STATE ELECTION OFFICIAL.—The term partment receives classified information an election cybersecurity incident has oc- ‘‘State election official’’ means— about an election cybersecurity incident, curred with respect to an election system (A) the chief State election official of a threat, or vulnerability— owned, operated, or maintained by or on be- State designated under section 10 of the Na- (1) the Secretary shall promptly submit a half of the election agency, the election tional Voter Registration Act of 1993 (52 request for expedited declassification review agency shall, in the most expedient time pos- U.S.C. 20509); or to the head of a Federal entity with author- sible and without unreasonable delay, pro- (B) in the Commonwealth of Puerto Rico, ity to conduct the review, consistent with vide notification of the election cybersecu- Guam, American Samoa, the Commonwealth Executive Order 13526 or any successor order, rity incident to the Department in accord- of Northern Mariana Islands, and the United unless the Secretary determines that such a ance with any notification process estab- States Virgin Islands, a chief State election request would be harmful to national secu- lished by the Secretary. rity; and official designated by the State for purposes (k) INFORMATION SHARING ABOUT CYBERSE- (2) the head of the Federal entity described of this division. CURITY INCIDENTS BY ELECTION SERVICE PRO- in paragraph (1) shall promptly conduct the (19) VOTING SYSTEM.—The term ‘‘voting VIDERS.—If an election service provider has system’’ has the meaning given the term in review. reason to believe that an election cybersecu- (g) ROLE OF NON-FEDERAL ENTITIES.—The section 301(b) of the Help America Vote Act rity incident may have occurred, or that an of 2002 (52 U.S.C. 21081(b)). Department may share information about election cybersecurity incidents, threats, incident related to the role of the provider as SEC. l03. INFORMATION SHARING. and vulnerabilities through a non-Federal an election service provider may have oc- (a) DESIGNATION OF RESPONSIBLE FEDERAL entity. curred, the election service provider shall— ENTITY.—The Secretary shall have primary (h) PROTECTION OF PERSONAL AND CON- (1) notify the relevant election agencies in responsibility within the Federal Govern- FIDENTIAL INFORMATION.— the most expedient time possible and with- ment for sharing information about election (1) IN GENERAL.—If a Federal entity shares out unreasonable delay; and cybersecurity incidents, threats, and or receives information relating to an elec- (2) cooperate with the election agencies in vulnerabilities with Federal entities and tion cybersecurity incident, threat, or vul- providing the notifications required under with election agencies. nerability, the Federal entity shall, within subsections (i)(1) and (j). (b) PRESUMPTION OF FEDERAL INFORMATION Federal information systems (as defined in (l) CONTENT OF NOTIFICATION BY ELECTION SHARING TO THE DEPARTMENT.—If a Federal section 3502 of title 44, United States Code) AGENCIES.—The notifications required under entity receives information about an elec- of the entity— subsections (i)(1) and (j)— tion cybersecurity incident, threat, or vul- (A) minimize the acquisition, use, and dis- (1) shall include an initial assessment of— nerability, the Federal entity shall promptly closure of personal information of voters, ex- (A) the date, time, and time zone when the share that information with the Department, cept as necessary to identify, protect election cybersecurity incident began, if unless the head of the entity (or a Senate- against, detect, respond to, or recover from known; confirmed official designated by the head) election cybersecurity incidents, threats, (B) the date, time, and time zone when the makes a specific determination in writing and vulnerabilities; election cybersecurity incident was detected; that there is good cause to withhold the par- (B) notwithstanding any other provision of (C) the date, time, and duration of the elec- ticular information. law, prohibit the retention of personal infor- tion cybersecurity incident; (c) ESTABLISHMENT OF INFORMATION SHAR- mation of voters, such as— (D) the circumstances of the election cy- ING PLANS AND PROTOCOLS.— (i) voter registration information, includ- bersecurity incident, including the specific (1) IN GENERAL.—The Secretary shall estab- ing physical address, email address, and tele- election systems believed to have been lish and maintain a communication plan and phone number; accessed and information acquired; and

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00066 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.051 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5857 (E) planned and implemented technical cure Elections Act). Nothing in this section the National Association of State Election measures to respond to and recover from the shall prohibit a State from using funds Directors. incident; and awarded before the date of the enactment of ‘‘(K) A representative of a manufacturer of (2) shall be updated with additional mate- this section for any use otherwise authorized voting system hardware and software who rial information, including technical data, as by law.’’. possesses technical and scientific expertise it becomes available. (b) CONFORMING AMENDMENT.—The table of relating to cybersecurity and the adminis- (m) SECURITY CLEARANCE.—Not later than contents in section 1(b) of the Help America tration of elections. 30 days after the date of enactment of this Vote Act of 2002 is amended by inserting ‘‘(L) A representative of a laboratory ac- Act, the Secretary— after the item relating to section 296 the fol- credited under section 231(b) who possesses (1) shall establish an expedited process for lowing: technical and scientific expertise relating to providing appropriate security clearance to ‘‘PART 7—REQUIREMENTS FOR ELECTION cybersecurity and the administration of State election officials and designated tech- ASSISTANCE elections. nical personnel employed by State election ‘‘Sec. 297. Election cybersecurity incident ‘‘(M) A representative that is an academic agencies; response and communication or scientific researcher who possesses technical and scientific expertise relating to cy- (2) shall establish an expedited process for plans.’’. providing appropriate security clearance to bersecurity. SEC. l05. ELECTION CYBERSECURITY AND ELEC- ‘‘(N) A representative who possesses tech- members of the Commission and designated TION AUDIT GUIDELINES. nical and scientific expertise relating to the technical personnel employed by the Com- (a) DEVELOPMENT BY TECHNICAL ADVISORY accessibility and usability of voting sys- mission; and BOARD.— tems.’’. (3) shall establish a process for providing (1) IN GENERAL.— (B) RENAMING OF COMMITTEE.— appropriate security clearance to personnel (A) ADDITIONAL DUTIES.—Section 221(b)(1) (i) IN GENERAL.—Section 221(a) of the Help at other election agencies. of the Help America Vote Act of 2002 (52 America Vote Act of 2002 (52 U.S.C. 20961(a)) (n) PROTECTION FROM LIABILITY.—Nothing U.S.C. 20961(b)(2)) is amended by striking ‘‘in is amended by striking ‘‘Technical Guide- in this division may be construed to provide the development of the voluntary voting sys- a cause of action against a State, unit of lines Development Committee (hereafter in tem guidelines’’ and inserting ‘‘in the devel- this part referred to as the ‘Development local government, or an election service pro- opment of— vider. Committee’)’’ and inserting ‘‘Technical Ad- ‘‘(A) the voluntary voting system guide- visory Board’’. (o) ASSESSMENT OF INTER-STATE INFORMA- lines; TION SHARING ABOUT ELECTION CYBERSECU- (ii) CONFORMING AMENDMENTS.— ‘‘(B) the voluntary election cybersecurity (I) Section 201 of such Act (52 U.S.C. 20921) RITY.— guidelines (referred to in this part as the (1) IN GENERAL.—The Secretary and the is amended by striking ‘‘Technical Guide- ‘election cybersecurity guidelines’) in ac- lines Development Committee’’ and insert- Commission, in coordination with the heads cordance with paragraph (3); and of the appropriate Federal entities and ap- ing ‘‘Technical Advisory Board’’. ‘‘(C) the voluntary election audit guide- (II) Section 221 of such Act (52 U.S.C. 20921) propriate officials of State and local govern- lines (referred to in this part as the ‘election ments, shall conduct an assessment of— is amended by striking ‘‘Development Com- audit guidelines’) in accordance with para- mittee’’ each place it appears and inserting (A) the structure and functioning of the graph (4).’’. Elections Infrastructure Information Shar- ‘‘Technical Advisory Board’’. (B) CONFORMING AMENDMENTS.—Sections (III) Section 222(b) of such Act (52 U.S.C. ing and Analysis Center for purposes of elec- 202(1) and 207(3) of the Help America Vote tion cybersecurity; and 20962(b)) is amended— Act of 2002 (52 U.S.C. 20922(1) and 20927(3)) are (aa) by striking ‘‘Technical Guidelines De- (B) other mechanisms for inter-state infor- each amended by striking ‘‘voluntary voting velopment Committee’’ in paragraph (1) and mation sharing about election cybersecurity. system’’. inserting ‘‘Technical Advisory Board’’, (2) COMMENT FROM ELECTION AGENCIES.—In (2) MEMBERSHIP AND RENAMING OF TECH- (bb) by striking ‘‘DEVELOPMENT COM- carrying out the assessment required under NICAL GUIDELINES DEVELOPMENT COMMITTEE.— MITTEE’’ in the heading and inserting ‘‘TECH- paragraph (1), the Secretary and the Com- (A) MEMBERSHIP.—Section 221(c)(1) of the NICAL ADVISORY BOARD’’, and mission shall solicit and consider comments Help America Vote Act of 2002 (52 U.S.C. (IV) Section 271(e) of such Act (52 U.S.C. from all State election agencies. 20961(c)(1)) is amended— 21041(e)) is amended by striking ‘‘Technical (3) DISTRIBUTION.—The Secretary and the (i) by striking ‘‘14’’ and inserting ‘‘19’’; and Guidelines Development Committee’’ and in- Commission shall jointly issue the assess- (ii) by striking subparagraphs (A) through serting ‘‘Technical Advisory Board’’. ment required under paragraph (1) to— (E) and inserting the following: (V) Section 281(d) of such Act (52 U.S.C. (A) all election agencies known to the De- ‘‘(A) 2 Members of the Standards Board 21051(d)) is amended by striking ‘‘Technical partment and the Commission; and who are not affiliated with the same polit- Guidelines Development Committee’’ and in- (B) the appropriate congressional commit- ical party— serting ‘‘Technical Advisory Board’’. tees. ‘‘(i) 1 of whom is a local election official; (VI) The heading for section 221of such Act (p) CONGRESSIONAL NOTIFICATION.—If an ap- and (52 U.S.C. 20961) is amended by striking propriate Federal entity has reason to be- ‘‘(ii) 1 of whom is a State election official. ‘‘TECHNICAL GUIDELINES DEVELOPMENT COM- lieve that a significant election cybersecu- ‘‘(B) 2 Members of the Board of Advisors MITTEE’’ and inserting ‘‘TECHNICAL ADVISORY rity incident has occurred, the entity shall— who are not affiliated with the same polit- BOARD’’. (1) not later than 7 calendar days after the ical party. (VII) The heading for part 3 of subtitle A of date on which there is a reasonable basis to ‘‘(C) 2 Members of the Architectural and title II of such Act is amended by striking conclude that the significant election cyber- Transportation Barrier Compliance Board ‘‘TECHNICAL GUIDELINES DEVELOPMENT COM- security incident has occurred, provide noti- under section 502 of the Rehabilitation Act MITTEE’’ and inserting ‘‘TECHNICAL ADVISORY fication of the significant election cyberse- of 1972 (29 U.S.C. 792). BOARD’’. curity incident to the appropriate congres- ‘‘(D) A representative of the Institute of (VIII) The items relating to section 221 and sional committees; and Electrical and Electronics Engineers. part 3 of title II in the table of contents of (2) update the initial notification under ‘‘(E) 2 representatives of the National As- such Act are each amended by striking paragraph (1) within a reasonable period of sociation of Secretaries of State selected by ‘‘Technical Guidelines Development Com- time after additional information relating to such Association who are not members of the mittee’’ and inserting ‘‘Technical Advisory the significant election cybersecurity inci- Standards Board or Board of Advisors, and Board’’. dent is discovered. who are not of the same political party. (b) GUIDELINES.— SEC. l04. REQUIREMENT FOR THE ESTABLISH- ‘‘(F) 2 representatives of the National As- (1) ELECTION CYBERSECURITY GUIDELINES.— MENT OF CYBERSECURITY INCI- sociation of State Election Directors se- Section 221(b) of the Help America Vote Act DENT RESPONSE PLANS. lected by such Association who are not mem- of 2002 (52 U.S.C. 20961(b)) is amended by add- (a) IN GENERAL.—Subtitle D of title II of bers of the Standards Board or Board of Ad- ing at the end the following new paragraph: the Help America Vote Act of 2002 (52 U.S.C. visors, and who are not of the same political ‘‘(3) ELECTION CYBERSECURITY GUIDELINES.— 20901 et seq.) is amended by adding at the end party. ‘‘(A) IN GENERAL.—The election cybersecu- the following new part: ‘‘(G) A representative of the Department of rity guidelines shall contain guidelines for ‘‘PART 7—REQUIREMENTS FOR ELECTION Homeland Security who possesses technical election cybersecurity, including standards ASSISTANCE and scientific expertise relating to cyberse- for procuring, maintaining, testing, oper- ‘‘SEC. 297. ELECTION CYBERSECURITY INCIDENT curity and the administration of elections. ating, and updating election systems. RESPONSE AND COMMUNICATION ‘‘(H) A representative of the Election Infra- ‘‘(B) REQUIREMENTS.—In developing the PLANS. structure Information Sharing and Analysis guidelines, the Technical Advisory Board ‘‘No State may receive any grant awarded Center who possesses technical and scientific shall— under this Act after the date of the enact- expertise relating to cybersecurity. ‘‘(i) identify the top risks to election sys- ment of this section unless such State has ‘‘(I) A representative of the National Asso- tems; established a response and communication ciation of State Chief Information Officers. ‘‘(ii) describe how specific technology plan with respect to election cybersecurity ‘‘(J) A representative of State election in- choices can increase or decrease those risks; incidents (as defined in section 2(7) of the Se- formation technology directors selected by and

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‘‘(iii) provide recommended policies, best ‘‘(A) VOLUNTARY VOTING SYSTEM GUIDE- ‘‘(c) PUBLICATION.—The Commission shall practices, and overall security strategies for LINES.—The Technical’’; make the guidelines described in subpara- identifying, protecting against, detecting, (B) by striking ‘‘this section’’ and insert- graphs (B) and (C) of section 221(b)(1) avail- responding to, and recovering from the risks ing ‘‘paragraph (1)(A)’’; and able on the public website of the Commis- identified under subparagraph (A). (C) by adding at the end the following new sion. ‘‘(C) ISSUES CONSIDERED.— subparagraph: ‘‘(d) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(i) IN GENERAL.—In developing the elec- ‘‘(B) ELECTION CYBERSECURITY AND ELEC- TEES.—For purposes of this section, the term tion cybersecurity guidelines, the Technical TION AUDIT GUIDELINES.— ‘appropriate congressional committees’ Advisory Board shall consider— ‘‘(i) INITIAL GUIDELINES.—The Technical means— ‘‘(I) applying established cybersecurity Advisory Board shall provide its initial set of ‘‘(1) the Committee on Rules and Adminis- best practices to Federal election adminis- recommendations under subparagraphs (B) tration, the Committee on Armed Services, tration by States and local governments, in- and (C) of paragraph (1) to the Executive Di- the Committee on Homeland Security and cluding appropriate technologies, proce- rector not later than 180 days after the date Governmental Affairs, the Committee on Ap- dures, and personnel for identifying, pro- of the enactment of the Secure Elections propriations, the Select Committee on Intel- tecting against, detecting, responding to, Act. ligence, the majority leader, and the minor- and recovering from election cybersecurity ‘‘(ii) PERIODIC REVIEW.—Not later than ity leader of the Senate; and incidents, threats, and vulnerabilities; March 31, 2021, and once every 2 years there- ‘‘(2) the Committee on House Administra- ‘‘(II) providing actionable guidance to elec- after, the Technical Advisory Board shall re- tion, the Committee on Armed Services, the tion agencies that seek to implement addi- view and update the guidelines described in Committee on Homeland Security, the Com- tional cybersecurity protections; and subparagraphs (B) and (C) of paragraph (1).’’. mittee on Appropriations, the Permanent ‘‘(III) any other factors that the Technical (c) PROCESS FOR ADOPTION.— Select Committee on Intelligence, the Advisory Board determines to be relevant. (1) PUBLICATION OF RECOMMENDATIONS.— Speaker, and the minority leader of the ‘‘(D) RELATIONSHIP TO VOLUNTARY VOTING Section 221(f) of the Help America Vote Act House of Representatives. SYSTEM GUIDELINES AND NATIONAL INSTITUTE of 2002 (52 U.S.C. 20961(f)) is amended— ‘‘(e) RULE OF CONSTRUCTION.—Nothing in OF STANDARDS AND TECHNOLOGY CYBERSECU- (A) by striking ‘‘At the time the Commis- this section shall be construed to subject the RITY GUIDANCE.—In developing the election sion’’ and inserting the following: process for developing the guidelines de- cybersecurity guidelines, the Technical Ad- ‘‘(1) VOLUNTARY VOTING SYSTEM GUIDE- scribed in subparagraphs (B) and (C) of sec- visory Board shall consider— LINES.—At the time the Commission’’; and. tion 221(b)(1) to subchapter II of chapter 5, ‘‘(i) the voluntary voting system guide- (B) by adding at the end the following new and chapter 7, of title 5, United States Code lines; and paragraph: (commonly known as the ‘Administrative ‘‘(ii) cybersecurity standards and best ‘‘(2) ELECTION CYBERSECURITY AND ELECTION Procedure Act’).’’. practices developed by the National Institute AUDIT GUIDELINES.—The Technical Advisory (B) CLERICAL AMENDMENT.—The table of of Standards and Technology, including Board shall— contents of such Act is amended by inserting frameworks, consistent with section 2(c) of ‘‘(A) provide a reasonable opportunity for after the item relating to section 222 the fol- the National Institute of Standards and public comment, including through Commis- lowing new item: Technology Act (15 U.S.C. 272(c)).’’. sion publication in the Federal Register, on ‘‘Sec. 223. Process for adoption of election (2) AUDIT GUIDELINES.—Section 221(b) of the guidelines required under subparagraphs such Act (52 U.S.C. 20961(b)), as amended by cybersecurity and election (B) and (C) of subsection (b)(1), including a paragraph (1), is amended by adding at the audit guidelines.’’. 45-day opportunity for public comment on a end the following new paragraph: SEC. l06. REQUIREMENT TO CONDUCT POST- draft of the guidelines before they are sub- ELECTION AUDITS. ‘‘(4) ELECTION AUDIT GUIDELINES.— mitted to Congress under section 223(a), ‘‘(A) IN GENERAL.—The election audit (a) REQUIREMENT.— guidelines shall include provisions regarding which shall, to the extent practicable, occur (1) IN GENERAL.—Subtitle A of title III of voting systems and statistical audits for concurrently with the other activities of the the Help America Vote Act of 2002 (52 U.S.C. Federal elections, including that— Technical Advisory Board under this section 21081 et seq.) is amended— ‘‘(i) each vote is cast using a voting system with respect to such guidelines; and (A) by redesignating sections 304 and 305 as that allows the voter an opportunity to in- ‘‘(B) consider the public comments in de- sections 305 and 306, respectively; and spect and confirm the marked ballot before veloping the guidelines.’’. (B) by inserting after section 303 the fol- casting it (consistent with accessibility re- (2) ADOPTION.— lowing new section: quirements); and (A) IN GENERAL.—Part 3 of subtitle A of ‘‘SEC. 304. POST-ELECTION AUDITS. ‘‘(ii) each election result is determined by title II of the Help America Vote Act of 2002 ‘‘(a) IN GENERAL.—Each State shall— tabulating marked ballots, and prior to the (52 U.S.C. 20961 et seq.) is amended— ‘‘(1) conduct a post-election audit of each date on which the winning Federal candidate (i) by inserting ‘‘OF VOLUNTARY VOTING Federal election (as defined in section 2 of in the election is sworn into office, election GUIDELINES’’ after ‘‘ADOPTION’’ in the heading the Secure Elections Act) through the in- agencies within the State inspect a random of section 222; and spection of a random sample of marked bal- sample of the marked ballots and thereby es- (ii) by adding at the end the following new lots of sufficient quantity to establish high tablish high statistical confidence in the section: statistical confidence in the election result; election result. ‘‘SEC. 223. PROCESS FOR ADOPTION OF ELEC- ‘‘(2) provide a description of the planned ‘‘(B) ISSUES CONSIDERED.—In developing the TION CYBERSECURITY AND ELEC- audit, excluding any information deemed to election audit guidelines, the Technical Ad- TION AUDIT GUIDELINES. create a security risk, to be conducted under visory Board shall consider— ‘‘(a) SUBMISSION TO CONGRESS.— paragraph (1) on a public website adminis- ‘‘(i) specific types of election audits, in- ‘‘(1) IN GENERAL.—Not later than 30 cal- tered by the chief State election official 90 cluding procedures and shortcomings for endar days after the date on which the Com- days prior to each such Federal election; and such audits; mission receives recommendations for the ‘‘(3) provide results of the completed audit ‘‘(ii) mechanisms to verify that election guidelines described in subparagraphs (B) or under paragraph (1) on a public website ad- systems accurately tabulate ballots, report (C) of section 221(b)(1), the Commission shall ministered by the chief State election offi- results, and identify a winner for each elec- consider the guidelines and submit the cial within 10 days of the completion of the tion for Federal office, even if there is an guidelines to the appropriate congressional audit. error or fault in the voting system; committees. ‘‘(b) TIME FOR COMPLETING AUDIT.—The ‘‘(iii) durational requirements needed to ‘‘(2) MODIFICATION.—In considering the audit required by subsection (a) shall be facilitate election audits in a timely manner guidelines, the Commission may modify the completed in a timely manner to ensure con- that allows for confidence in the outcome of guidelines if— fidence in the outcome of the election and the election prior to the swearing-in of a ‘‘(A) the Commission determines that before— Federal candidate, including variations in there is good cause to modify the guidelines, ‘‘(1) in the case of a primary election, the the acceptance of postal ballots, time al- consistent with the considerations estab- date the candidate is placed on the general lowed to cure provisional ballots, and elec- lished in paragraphs (3) or (4) of section election ballot; and tion certification deadlines; 221(b) (as the case may be) and notwith- ‘‘(2) in the case of a general election, the ‘‘(iv) the importance of manual (by hand, standing the recommendation of the Tech- date on which the winning candidate in the not device) inspections of original marked nical Advisory Board; and election is sworn into office. paper ballots to provide audits without seri- ‘‘(B) the Commission submits a written ‘‘(c) EFFECTIVE DATE.— ous vulnerabilities; and justification of the modification to the Tech- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(v) any other factors that the Technical nical Advisory Board and the appropriate paragraph (2), each State shall be required to Advisory Board considers to be relevant.’’. congressional committees. comply with the requirements of this section (3) DEADLINES.—Section 221(b)(2) of such ‘‘(b) DISTRIBUTION TO ELECTION AGENCIES.— for the regularly scheduled general election Act (52 U.S.C. 20961(b)(2)), as amended by this The Commission shall distribute the guide- for Federal office held in November 2020, and Act, is amended— lines described in subparagraphs (B) and (C) each subsequent election for Federal office. (A) by striking ‘‘The Technical’’ and in- of section 221(b)(1) to all election agencies ‘‘(2) WAIVER.—If a State certifies to the serting the following: known to the Commission. Commission not later than November 1, 2020,

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that the State will not meet the deadline de- comments from all State election agencies. ‘‘(4) PRO RATA ADJUSTMENT.—The Commis- scribed in paragraph (1) for good cause and Participation by an election agency in the sion shall make such pro rata adjustments to includes in the certification the reasons for report under this subsection shall be vol- the allocations determined under paragraph the failure to meet such deadline, paragraph untary and at the discretion of the State. (1) as are necessary to comply with the re- (1) shall apply to the State as if the reference SEC. l10. STATE ELECTION SYSTEM CYBERSECU- quirements of paragraph (3). in such subparagraph to ‘November 2020’ RITY MODERNIZATION AND MAINTE- ‘‘SEC. 1003. AUTHORIZATION OF APPROPRIA- were a reference to ‘November 2022’.’’. NANCE GRANTS. TIONS. (2) ENFORCEMENT.—Section 401 of such Act (a) IN GENERAL.—The Help America Vote ‘‘(a) IN GENERAL.—There is authorized to (52 U.S.C. 21111) is amended by striking ‘‘and Act of 2002 (52 U.S.C. 20901 et seq.) is amend- be appropriated to the Commission 303’’ and inserting ‘‘303, and 304’’. ed by adding at the end the following new $250,000,000 to carry out this title for each of (3) CLERICAL AMENDMENT.—The table of title: fiscal years 2019 and 2020. contents of such Act is amended— ‘‘TITLE X—PAYMENTS TO STATES FOR CY- ‘‘(b) AVAILABILITY.—Any amounts appro- (A) by redesignating the items relating to BERSECURITY MODERNIZATION AND priated pursuant to paragraph (1) shall re- sections 304 and 305 as relating to sections MAINTENANCE main available without fiscal year limita- 305 and 306, respectively; and ‘‘SEC. 1001. DEFINITIONS. tion until expended. (B) by inserting after the item relating to ‘‘For purposes of this title: ‘‘(c) AUTHORIZATION OF APPROPRIATIONS section 303 the following new item: ‘‘(1) CYBER NAVIGATOR PROGRAM.—The term FOR COMMISSION.—In addition to the amounts ‘‘Sec. 304. Post-election audits.’’. ‘cyber navigator program’ means a program authorized under subsection (a), there are (b) REPORTING.—The Election Assistance under which the State election official em- authorized to be appropriated to the Com- Commission shall— ploys election technology professionals to mission such sums as may be necessary to (1) collect information regarding audits provide practical cybersecurity knowledge, administer the programs under this title.’’. conducted by States under section 304 of the support, and services to local election offi- (b) CONFORMING AMENDMENTS.— Help America Vote Act of 2002 (as added by cials, including— (1) Section 202 of the Help America Vote subsection (a)); and ‘‘(A) assessments of local election offices; Act of 2002 (52 U.S.C. 20922) is amended by (2) submit reports to Congress on the infor- ‘‘(B) support to local information tech- striking ‘‘and’’ at the end of paragraph (5), mation provided by the States under section nology staff or vendors in creating cyber se- by striking the period at the end of para- 304(a)(2) and 304(a)(3) of such Act (as so curity policies for voting systems (as defined graph (6) and inserting ‘‘; and’’, and by add- added) and other information collected by in section 301(b)); ing at the end the following new paragraph: the Commission under paragraph (1). ‘‘(C) services to mitigate vulnerabilities ‘‘(7) carrying out the grant program under The reports under paragraph (2) shall be sub- discovered during an assessment and to im- title X.’’. mitted concurrently with the reports re- prove cybersecurity of a local election office; (2) The table of contents of such Act is quired under section 9(a)(3) of the National ‘‘(D) the establishment of best cyber hy- amended by adding at the end the following: Voter Registration Act of 1993. giene practices within an office; and ‘‘TITLE X—PAYMENTS TO STATES FOR SEC. l07. REQUIREMENT FOR PAPER BALLOTS. ‘‘(E) advice on the purchase of new election CYBERSECURITY MODERNIZATION AND (a) IN GENERAL.—Part 7 of subtitle D of systems. MAINTENANCE title II of the Help America Vote Act of 2002, ‘‘(2) STATE.—The term ‘State’ means each ‘‘Sec. 1001. Definitions. as added by section 4, is amended by adding of the several States of the United States ‘‘Sec. 1002. Payments to States. at the end the following new section: and the District of Columbia. ‘‘Sec. 1003. Authorization of appropria- ‘‘SEC. 298. PAPER BALLOTS. ‘‘SEC. 1002. PAYMENTS TO STATES. tions.’’. ‘‘No State or jurisdiction may use any ‘‘(a) IN GENERAL.—The Commission shall grant awarded under this Act after the date award annual grants to States in accordance SA 3984. Ms. DUCKWORTH submitted of the enactment of this section to obtain with this section. an amendment intended to be proposed voting equipment unless such voting equip- ‘‘(b) USE OF FUNDS.—A State receiving a to amendment SA 3695 proposed by Mr. ment records each vote on a marked or grant under this section shall use the funds printed, individualized, readable paper ballot received under the grant only to— SHELBY to the bill H.R. 6157, making and allows the voter an opportunity to in- ‘‘(1) upgrade election-related computer sys- appropriations for the Department of spect and confirm the marked or printed bal- tems to address cyber vulnerabilities con- Defense for the fiscal year ending Sep- lot (consistent with accessibility require- sistent with best practices recommended by tember 30, 2019, and for other purposes; ments under Federal law) before the ballot is the Department of Homeland Security, the which was ordered to lie on the table; cast and counted. Nothing in this section National Institute of Standards and Tech- as follows: nology, and the Commission; shall prohibit a State from using funds At the appropriate place in division A, in- ‘‘(2) implement a post-election audit sys- awarded before the date of the enactment of sert the following: this section to obtain such equipment.’’. tem that provides a high statistical con- SEC. lll. None of the funds appropriated (b) CONFORMING AMENDMENT.—The table of fidence in the election result; or otherwise made available by this Act may contents in section 1(b) of the Help America ‘‘(3) obtain or facilitate cybersecurity be obligated or expended by the Secretary of Vote Act of 2002, as amended by section 4, is training for officials in the office of the Defense in positively referencing, citing, or amended by inserting after the item relating State election official and for local election otherwise relying on a majority ruling in to section 297 the following: officials; and Korematsu v. United States, 323 U.S. 214 ‘‘(4) establish or maintain a cyber navi- ‘‘Sec. 298. Paper ballots.’’. (1944), Hirabayashi v. United States, 320 U.S. gator program. SEC. l08. STREAMLINING THE COLLECTION OF 81 (1943), or Yasui v. United States, 320 U.S. ‘‘(c) AMOUNT OF GRANTS.— ELECTION INFORMATION. 115 (1943) to justify the constitutionality or Section 202 of the Help America Vote Act ‘‘(1) IN GENERAL.—Subject to paragraph (3), the amount of funds provided to a State legality of any program, policy, guidance, or of 2002 (52 U.S.C. 20922) is amended by adding activity. at the end the following flush sentence: under a grant under this section for any calendar year shall be equal to the product ob- ‘‘Subchapter I of chapter 35 of title 44, Mr. REED (for himself, Ms. United States Code, shall not apply to the tained by multiplying— SA 3985. collection of information for purposes of ‘‘(A) the total amount appropriated for MURKOWSKI, and Mr. BROWN) submitted maintaining any clearinghouse with respect grants pursuant to the authorization under an amendment intended to be proposed to the administration of Federal elections or section 1003(a); by to amendment SA 3695 proposed by Mr. the experiences of State and local govern- ‘‘(B) the State allocation percentage for SHELBY to the bill H.R. 6157, making ments in implementing the guidelines de- the State (as determined under paragraph appropriations for the Department of scribed in paragraph (1) or in operating vot- (2)). Defense for the fiscal year ending Sep- ing systems in general.’’. ‘‘(2) STATE ALLOCATION PERCENTAGE.—The tember 30, 2019, and for other purposes; State allocation percentage for a State is the SEC. l09. REPORTS TO CONGRESS ON FOREIGN which was ordered to lie on the table; THREATS TO ELECTIONS. amount (expressed as a percentage) equal to (a) IN GENERAL.—Not later than 30 days the quotient obtained by dividing— as follows: after the date of enactment of this Act, and ‘‘(A) the total voting age population of all At the appropriate place in title III of divi- 90 days before the end of each fiscal year States (as reported in the most recent decen- sion B, insert the following: thereafter, the Secretary and the Director of nial census); by ‘‘SEC. ll. (a) The Comptroller General of National Intelligence, in coordination with ‘‘(B) the voting age population of the State the United States shall conduct a study on the heads of the appropriate Federal entities, (as reported in the most recent decennial the condition of the public school facilities shall submit a joint report to the appro- census). of the United States. priate congressional committees on foreign ‘‘(3) MINIMUM AND MAXIMUM AMOUNT OF ‘‘(b) In conducting the study under sub- threats to elections in the United States, in- PAYMENT.—The amount determined under section (a), the Comptroller General shall cluding physical and cybersecurity threats. this subsection— study the following factors related to sup- (b) VOLUNTARY PARTICIPATION BY STATES.— ‘‘(A) may not be less than $2,500,000 and porting a 21st century education: The Secretary shall solicit and consider ‘‘(B) may not be greater than $10,000,000. ‘‘(1) Structural integrity.

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.051 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5860 CONGRESSIONAL RECORD — SENATE August 22, 2018 ‘‘(2) Plumbing. Act, the Secretary of Defense shall complete be proposed to amendment SA 3695 pro- ‘‘(3) Heating, ventilation, and air condi- a study on the cyberexploitation of the per- posed by Mr. SHELBY to the bill H.R. tioning systems. sonal information and accounts of members 6157, making appropriations for the De- ‘‘(4) Compliance with fire and safety codes. of the Armed Forces and their families. partment of Defense for the fiscal year ‘‘(5) Compliance with Federal laws, includ- (b) ELEMENTS.—The study required by sub- ing the Americans with Disabilities Act of section (a) shall include the following: ending September 30, 2019, and for 1990 (42 U.S.C. 12101 et seq.). (1) An assessment of the vulnerability of other purposes; which was ordered to ‘‘(6) Lighting. members of the Armed Forces and their fam- lie on the table; as follows: ‘‘(7) Indoor air quality. ilies to inappropriate access to their per- At the appropriate place in title III of divi- ‘‘(8) Environmental conditions, such as ex- sonal information and accounts of such sion B, insert the following: posure to asbestos, lead, and mold. members and their families, including iden- SEC. llll. (a) In addition, $10,000,000 ‘‘(9) Physical security. tification of particularly vulnerable sub- shall be made available to provide for the ‘‘(10) Sufficient space for instruction. populations. deferment of loans made under part D of ‘‘(c) Not later than 18 months after the (2) Creation of a catalogue of past and cur- title III of the Higher Education Act of 1965 date of enactment of this Act, the Comp- rent efforts by foreign governments and non- to eligible institutions that are private His- troller General shall submit to the Com- state actors at the cyberexploitation of the torically Black Colleges and Universities mittee on Appropriations and the Committee personal information and accounts of mem- that applied for, were denied, and were eligi- on Health, Education, Labor, and Pensions of bers of the Armed Forces and their families, ble for a deferment in fiscal year 2018 of such the Senate, and the Committee on Appro- including an assessment of the purposes of a loan under the terms and conditions of the priations and the Committee on Education such efforts and their degrees of success. second paragraph under the heading ‘‘His- and the Workforce of the House of Rep- (3) An assessment of the actions taken by torically Black College and University Cap- resentatives, the findings of the study under the Department of Defense to educate mem- ital Financing Program Account’’ under the this section.’’. bers of the Armed Forces and their families, Department of Education Appropriations including particularly vulnerable subpopula- SA 3986. Mr. RUBIO submitted an Act, 2018. tions, about and actions that can be take to (b) Notwithstanding any other provision of amendment intended to be proposed to otherwise reduce these threats. amendment SA 3695 proposed by Mr. this Act, the total amount appropriated (4) Assessment of the potential for the under the heading ‘‘Student Financial As- SHELBY to the bill H.R. 6157, making cyberexploitation of misappropriated images sistance’’ under this title is hereby reduced appropriations for the Department of and videos as well as deep fakes. by $10,000,000. Defense for the fiscal year ending Sep- (5) Development of recommendations for policy changes to reduce the vulnerability of tember 30, 2019, and for other purposes; SA 3990. Mr. PAUL submitted an which was ordered to lie on the table; members of the Armed Forces and their families to cyberexploitation, including rec- amendment intended to be proposed to as follows: ommendations for legislative or administra- amendment SA 3699 proposed by Mr. At the appropriate place in title II of divi- tive action. MCCONNELL (for Mr. SHELBY) to the sion B, insert the following: (c) REPORT.— amendment SA 3695 proposed by Mr. SEC. lll. Not later than 90 days after the (1) IN GENERAL.—The Secretary shall sub- SHELBY to the bill H.R. 6157, making enactment of this Act, the Secretary of mit to the congressional defense committees Health and Human Services shall submit a appropriations for the Department of a report on the findings of the Secretary Defense for the fiscal year ending Sep- report to the Committee on Appropriations with respect to the study required by sub- and the Committee on Finance of the Senate section (a). tember 30, 2019, and for other purposes; and the Committee on Appropriations and (2) FORM.—The report required by para- which was ordered to lie on the table; the Committee on Ways and Means of the graph (1) shall be submitted in unclassified as follows: House of Representatives, detailing the cir- form, but may include a classified annex. cumstances in which the Centers for Medi- At the end, add the following: (d) DEFINITIONS.—In this section: SEC. ll. (a) IN GENERAL.—None of the care & Medicaid Services may be providing (1) The term ‘‘congressional defense com- Medicare or Medicaid payments to, or other- funds made available by this Act may be mittees’’ has the meaning given such term in available directly or through a State (includ- wise funding, entities that process genome or section 101 of title 10, United States Code. exome data in the People’s Republic of China ing through managed care contracts with a (2) The term ‘‘cyberexploitation’’ means State) to a prohibited entity. or the Russian Federation. The report shall the use of digital means to obtain access to outline the extent to which payments or (b) PROHIBITED ENTITY.—The term ‘‘prohib- an individual’s personal information without ited entity’’ means an entity, including its other funding have been provided to such en- authorization. tities over the past 5 years, including affiliates, subsidiaries, successors, and clin- (3) The term ‘‘deep fake’’ means the digital ics— amounts paid to each entity, the implica- insertion of a person’s likeness into or dig- tions of such payments, including (1) that, as of the date of enactment of this ital alteration of a person’s likeness in vis- Act— vulnerabilities, and specific recommenda- ual media, such as photographs and videos, tions on steps to ensure that payments are (A) is an organization described in section without the person’s permission and with 501(c)(3) of the Internal Revenue Code of 1986 lawful and appropriate in the future. In de- malicious intent. veloping the report, the Secretary shall also and exempt from taxation under section 501(a) of such Code; coordinate with other relevant agencies, as SA 3988. Mr. SCOTT (for himself and determined by the Secretary, to examine the (B) is an essential community provider de- Mr. BROWN) submitted an amendment potential effect of allowing beneficiaries’ ge- scribed in section 156.235 of title 45, Code of nome or exome data to be processed in the intended to be proposed to amendment Federal Regulations (as in effect on the date People’s Republic of China or the Russian SA 3695 proposed by Mr. SHELBY to the of enactment of this Act), that is primarily Federation on United States national secu- bill H.R. 6157, making appropriations engaged in family planning services, repro- rity, United States intellectual property pro- for the Department of Defense for the ductive health, and related medical care; and tections, HIPPA privacy protections, future fiscal year ending September 30, 2019, (C) performs, or provides any funds to any biomedical development capabilities and and for other purposes; which was or- other entity that performs abortions, other than an abortion performed— competitiveness, and global competitiveness dered to lie on the table; as follows: for United States laboratories. (i) in the case of a pregnancy that is the re- At the appropriate place in title VIII of di- sult of an act of rape or incest; or SA 3987. Mr. SASSE (for himself and vision A, insert the following: (ii) in the case where a woman suffers from SEC. lll. The amount appropriated by Mr. KING) submitted an amendment in- a physical disorder, physical injury, or phys- title IV of this division under the heading tended to be proposed to amendment ical illness that would, as certified by a phy- ‘‘Research, Development, Test and Evalua- sician, place the woman in danger of death SA 3695 proposed by Mr. SHELBY to the tion, Defense-Wide’’ is hereby increased by unless an abortion is performed, including a bill H.R. 6157, making appropriations $8,000,000, with the amount of the increase to life endangering physical condition caused for the Department of Defense for the be available for research, development, test by, or arising from, the pregnancy itself; and fiscal year ending September 30, 2019, and evaluation at Historically Black Col- (2) for which the total amount of Federal and for other purposes; which was or- leges and Universities (HBCU) (in addition to grants to such entity, including grants to dered to lie on the table; as follows: any other amounts available under that any affiliates, subsidiaries, or clinics of such heading for such research, development, test At the appropriate place in division A, in- entity, under title X of the Public Health and evaluation). sert the following: Service Act in fiscal year 2016 exceeded $23,000,000. SEC. lll. STUDY ON CYBEREXPLOITATION OF SA 3989. Mr. JONES (for himself, Mr. MEMBERS OF THE ARMED FORCES (c) END OF PROHIBITION.—The definition in AND THEIR FAMILIES. SCOTT, Mr. KAINE, Mr. WARNER, Mr. subsection (b) shall cease to apply to an enti- (a) STUDY REQUIRED.—Not later than 150 BOOZMAN, Mr. TILLIS, and Mr. SANDERS) ty if such entity certifies that it, including days after the date of the enactment of this submitted an amendment intended to its affiliates, subsidiaries, successors, and

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.053 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5861 clinics, will not perform, and will not pro- (2) all chimpanzees categorized as Class IV siologists Physical Status Scale, as adapted vide any funds to any other entity that per- and V on such scale and deemed eligible to by the Academy of Veterinary Technicians forms, an abortion as described in subsection transfer to the sanctuary system by one or in Anesthesia and Analgesia; and (b)(1)(C). more veterinarians none of whom are cur- (2) all chimpanzees categorized as Class IV rently, or have recently been, employed by and V on such scale and deemed eligible to SA 3991. Mr. PAUL submitted an either the sending or receiving facility. transfer to the sanctuary system by one or amendment intended to be proposed by more primate veterinarians or behaviorists, him to the bill H.R. 6157, making ap- SA 3993. Mr. LEAHY proposed an none of whom are currently, or have recently propriations for the Department of De- amendment to amendment SA 3699 pro- been, employed by either the sending or receiving facility. fense for the fiscal year ending Sep- posed by Mr. MCCONNELL (for Mr. tember 30, 2019, and for other purposes; SHELBY) to the amendment SA 3695 SA 3996. Mr. CARPER submitted an which was ordered to lie on the table; proposed by Mr. SHELBY to the bill H.R. amendment intended to be proposed by as follows: 6157, making appropriations for the De- him to the bill H.R. 6157, making ap- At the end, add the following: partment of Defense for the fiscal year propriations for the Department of De- SEC. ll. (a) IN GENERAL.—None of the ending September 30, 2019, and for fense for the fiscal year ending Sep- funds made available by this Act may be other purposes; as follows: tember 30, 2019, and for other purposes; available directly or through a State (includ- In lieu of the matter proposed to be in- which was ordered to lie on the table; ing through managed care contracts with a serted, insert the following: as follows: State) to a prohibited entity. ‘‘$8,503,001’’ At the appropriate place in division B, in- (b) PROHIBITED ENTITY.—The term ‘‘prohibited entity’’ means an entity, including its sert the following: SA 3994. Mr. MARKEY (for himself SEC. ll. (a) Beginning on January 1, 2019, affiliates, subsidiaries, successors, and clin- and Mr. HATCH) submitted an amend- a group health plan and a health insurance ics— ment intended to be proposed to issuer offering group or individual health in- (1) that, as of the date of enactment of this surance coverage shall provide coverage of a Act— amendment SA 3695 proposed by Mr. SHELBY to the bill H.R. 6157, making single dispensing of contraceptives for a 12- (A) is an organization described in section month period, with no deductible, coinsur- 501(c)(3) of the Internal Revenue Code of 1986 appropriations for the Department of ance, copayment, or other cost-sharing re- and exempt from taxation under section Defense for the fiscal year ending Sep- quirement. 501(a) of such Code; tember 30, 2019, and for other purposes; (b) Congress finds as follows: (B) is an essential community provider de- which was ordered to lie on the table; (1) Contraception is basic health care for scribed in section 156.235 of title 45, Code of as follows: women, and women need access to all birth Federal Regulations (as in effect on the date control methods so that they can use the At the appropriate place, insert the fol- of enactment of this Act), that is primarily specific birth control that is right for them. lowing: engaged in family planning services, repro- (2) Removing barriers to access to birth ductive health, and related medical care; and SEC. ll. OPIOID LABELING REQUIREMENTS. control so that women can plan, space, and (C) performs, or provides any funds to any (a) IN GENERAL.—Section 305(c) of the Con- prevent pregnancies is critically important other entity that performs abortions, other trolled Substances Act (21 U.S.C. 825(c)) is for women’s health and economic security, than an abortion performed— amended— as well as the health of any children they (i) in the case of a pregnancy that is the re- (1) by inserting ‘‘(1)’’ before ‘‘The Sec- may decide to have in the future. Access to sult of an act of rape or incest; or retary’’; and birth control is linked to women’s greater (ii) in the case where a woman suffers from (2) by adding at the end the following: educational and professional opportunities a physical disorder, physical injury, or phys- ‘‘(2) The label of any container or package and increased lifetime earnings. ical illness that would, as certified by a phy- containing an opioid or opiate listed in (3) The Patient Protection and Affordable sician, place the woman in danger of death schedule II or III shall, when dispensed Care Act (Public Law 111–148) has removed unless an abortion is performed, including a (other than administered) to or for a patient, cost barriers to birth control for over life endangering physical condition caused contain a clear, concise warning, in a man- 62,400,000 women, but other non-cost barriers by, or arising from, the pregnancy itself; and ner specified by the Secretary by regulation, remain, and some women still do not have (2) for which the total amount of Federal that the opioids or opiates dispensed can insurance coverage of birth control. grants to such entity, including grants to cause dependence, addiction, and overdose.’’. (4) A woman’s chances of unintended preg- any affiliates, subsidiaries, or clinics of such (b) REGULATIONS.— nancy increase considerably when barriers entity, under title X of the Public Health (1) REGULATIONS.—The Secretary of Health prevent her from using birth control consist- Service Act in fiscal year 2016 exceeded and Human Services shall prescribe regula- ently and correctly. $23,000,000. tions under section 503(b) of the Federal (5) In recent years, States have taken (c) END OF PROHIBITION.—The definition in Food, Drug, and Cosmetic Act (21 U.S.C. proactive steps to increase women’s access subsection (b) shall cease to apply to an enti- 353(b)) to implement the amendment made to the birth control method of their choice, ty if such entity certifies that it, including by subsection (a) and such regulations shall as follows: its affiliates, subsidiaries, successors, and be effective not later than 2 years after the (A) Several States, including Delaware, clinics, will not perform, and will not pro- date of enactment of this Act. Iowa, and Colorado have implemented suc- vide any funds to any other entity that per- (2) INTERIM RULES.—The Secretary of cessful initiatives that include training of forms, an abortion as described in subsection Health and Human Services may issue the providers and consumer education to im- (b)(1)(C). regulations required under paragraph (1) by prove access to the full range of contracep- interim rule to the extent necessary to com- tive methods, resulting in significant reduc- SA 3992. Mr. CASSIDY submitted an ply with the timing requirement in para- tions in unplanned pregnancy. amendment intended to be proposed to graph (1). (B) At least 12 States (including California, amendment SA 3695 proposed by Mr. the District of Columbia, Delaware, Illinois, SHELBY to the bill H.R. 6157, making SA 3995. Mr. CASSIDY submitted an Maine, Maryland, Massachusetts, Nevada, appropriations for the Department of amendment intended to be proposed to New York, Oregon, Vermont, and Wash- Defense for the fiscal year ending Sep- amendment SA 3695 proposed by Mr. ington) have passed laws requiring coverage tember 30, 2019, and for other purposes; SHELBY to the bill H.R. 6157, making of all birth control methods approved by the appropriations for the Department of Food and Drug Administration, without out- which was ordered to lie on the table; of-pocket costs. as follows: Defense for the fiscal year ending Sep- tember 30, 2019, and for other purposes; (C) At least 12 States (including California, At the appropriate place in title V of divi- Colorado, the District of Columbia, Dela- sion B, insert the following: which was ordered to lie on the table; ware, Illinois, Maine, Massachuettes, Mary- SEC. ll. Not later than January 1, 2019, as follows: land, Nevada, New Mexico, New York, and the Director of the National Institutes of At the appropriate place in title V of divi- Ohio) have passed laws requiring coverage of Health shall establish a process to effectuate sion B, insert the following: 12 months of birth control dispensed at one the purpose of section 404K of the Public SEC. ll. Not later than January 1, 2019, time. Health Service Act (42 U.S.C. 283m) by trans- the Director of the National Institutes of (D) At least 7 States (including California, ferring to the sanctuary system under such Health shall establish a process to effectuate Delaware, Illinois, Maryland, Massachusetts, section, by December 31, 2021— the purpose of section 404K of the Public Nevada, and Oregon) have passed laws re- (1) all chimpanzees categorized as Class I, Health Service Act (42 U.S.C. 283m) by trans- quiring coverage of over-the-counter meth- II, III on the American Society of Anesthe- ferring to the sanctuary system under such ods of birth control without requiring a pre- siologists Physical Status Scale, as adapted section, by December 31, 2021— scription. by the Academy of Veterinary Technicians (1) all chimpanzees categorized as Class I, (E) In 2018, the Utah State legislature in Anesthesia and Analgesia; and II, III on the American Society of Anesthe- passed a bill requiring the State to apply for

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.052 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5862 CONGRESSIONAL RECORD — SENATE August 22, 2018 a Medicaid family planning eligibility expan- cost barriers to birth control for over Federation on United States national secu- sion with the Centers for Medicare & Med- 62,400,000 women, but other non-cost barriers rity, United States intellectual property pro- icaid Services. When approved, Utah will be- remain, and some women still do not have tections, HIPAA privacy protections, future come the 27th State with such an expansion. insurance coverage of birth control. biomedical development capabilities and (4) A woman’s chances of unintended preg- competitiveness, and global competitiveness SA 3997. Mr. CARPER submitted an nancy increase considerably when barriers for United States laboratories. amendment intended to be proposed by prevent her from using birth control consist- him to the bill H.R. 6157, making ap- ently and correctly. SA 3999. Ms. WARREN submitted an propriations for the Department of De- (5) In recent years, States have taken amendment intended to be proposed to fense for the fiscal year ending Sep- proactive steps to increase women’s access amendment SA 3695 proposed by Mr. tember 30, 2019, and for other purposes; to the birth control method of their choice, SHELBY to the bill H.R. 6157, making which was ordered to lie on the table; as follows: appropriations for the Department of as follows: (A) Several States, including Delaware, Defense for the fiscal year ending Sep- Iowa, and Colorado have implemented suc- At the appropriate place in title II of divi- cessful initiatives that include training of tember 30, 2019, and for other purposes; sion B, insert the following: providers and consumer education to im- which was ordered to lie on the table; SEC. ll. (a) Of the amounts made avail- prove access to the full range of contracep- as follows: able in this Act for the Centers for Disease tive methods, resulting in significant reduc- Control and Prevention, the Secretary of At the appropriate place in title III of divi- tions in unplanned pregnancy. Health and Human Services, acting through sion B, insert the following: SEC. . (a) The Secretary of Defense the Director of the Division of Reproductive (B) At least 12 States (including California, lll Health of the Centers for Disease Control the District of Columbia, Delaware, Illinois, shall enter into any necessary agreements, and Prevention, shall use $25,000,000 to estab- Maine, Maryland, Massachusetts, Nevada, including agreements with the Internal Rev- lish a grant program to fund State programs New York, Oregon, Vermont, and Wash- enue Service and the Secretary of Education, to reduce unplanned pregnancy and improve ington) have passed laws requiring coverage to carry out the activities described in this access to contraception, in accordance with of all birth control methods approved by the section. subsections (b) and (c). Food and Drug Administration, without out- (b)(1) The Secretary of Defense shall ensure (b) An entity receiving grant funds de- of-pocket costs. that student loan interest does not accrue scribed in subsection (a)— (C) At least 12 States (including California, for eligible Federal Direct Loans of eligible (1) may use such funds for— Colorado, the District of Columbia, Dela- military borrowers, in accordance with the (A) provider contraception training, in- ware, Illinois, Maine, Massachuettes, Mary- Federal prohibition on interest accrual for cluding for contraceptive method use and inland, Nevada, New Mexico, New York, and eligible military borrowers under section sertion, and for pregnancy intention screen- Ohio) have passed laws requiring coverage of 455(o) of the Higher Education Act of 1965 (20 ing; 12 months of birth control dispensed at one U.S.C. 1087e(o)). (B) consumer education; time. (2) In this section, the term eligible Fed- (C) facilitating same-day access to the full (D) At least 7 States (including California, eral Direct Loan means a loan made under range of contraceptive methods; Delaware, Illinois, Maryland, Massachusetts, part D of title IV of the Higher Education (D) reducing out-of-pocket cost barriers to Nevada, and Oregon) have passed laws re- Act of 1965 (20 U.S.C. 1087a et seq.) for which the full range of contraceptive methods quiring coverage of over-the-counter meth- the first disbursement is made on or after where such barriers are not already ad- ods of birth control without requiring a pre- October 1, 2008. dressed; scription. (c) The Secretary of Defense shall ensure (E) facilitating collaboration among public (E) In 2018, the Utah State legislature that an eligible military borrower who quali- and private health systems to ensure that in- passed a bill requiring the State to apply for fied for the no accrual of interest benefit dividuals can access contraceptive care in a a Medicaid family planning eligibility expan- under such section 455(o) during any period timely manner; or sion with the Centers for Medicare & Med- beginning on or after October 1, 2008, and did (F) other activities that grant applicants icaid Services. When approved, Utah will be- not receive the full benefit under such sec- can demonstrate would help to improve con- come the 27th State with such an expansion. tion for which the borrower qualified, is pro- traceptive access in the State or community; vided compensation in an amount equal to and SA 3998. Mr. RUBIO submitted an the amount of interest paid by the borrower (2) shall use such funds to— amendment intended to be proposed to that would have been subject to that benefit. (A) provide contraceptive care that is non- amendment SA 3695 proposed by Mr. (d) The Secretary of Defense shall obtain coercive, culturally competent care, and or provide any information necessary to im- SHELBY to the bill H.R. 6157, making medically accurate; plement the activities described in this sec- (B) provide information and access to the appropriations for the Department of tion without requiring a request from a bor- full range of methods of contraception ap- Defense for the fiscal year ending Sep- rower. proved by the Food and Drug Administra- tember 30, 2019, and for other purposes; tion, or to fill existing gaps in information which was ordered to lie on the table; SA 4000. Mr. HATCH (for himself and and access to such contraception, so as to as follows: Mr. UDALL) submitted an amendment ensure equitable access to the full range of At the appropriate place in title II of divi- intended to be proposed to amendment contraceptive options; and sion B, insert the following: SA 3695 proposed by Mr. SHELBY to the (C) evaluate projects funded by such grant, SEC. lll. Not later than 90 days after the bill H.R. 6157, making appropriations in order to demonstrate outcomes such as re- enactment of this Act, the Secretary of ducing gaps in contraceptive use, increasing for the Department of Defense for the Health and Human Services shall submit a points of access for the full range of contra- fiscal year ending September 30, 2019, report to the Committee on Appropriations ceptive methods approved by the Food and and for other purposes; which was or- and the Committee on Finance of the Senate Drug Administration, and patient satisfac- dered to lie on the table; as follows: and the Committee on Appropriations and tion with provider encounter and method the Committee on Ways and Means of the At the appropriate place in title III of divi- choice. sion B, insert the following: ‘‘Provided fur- (c) To be eligible for a grant described in House of Representatives, detailing the circumstances in which the Centers for Medi- ther, That in carrying out drug prevention subsection (a), an entity shall be— programs and activities to support safe and (1) a State, local, or tribal government; care & Medicaid Services may be providing Medicare or Medicaid payments to, or other- healthy schools as instructed in the Elemen- (2) a public-private partnership; or tary and Secondary Education Act of 1965 (20 (3) a nonprofit entity. wise funding, entities that process genome or exome data in the People’s Republic of China U.S.C. 6301 et seq.), State educational agen- (d) Congress finds as follows: cies and local educational agencies receiving (1) Contraception is basic health care for or the Russian Federation. The report shall funds under part A of title IV of such Act, women, and women need access to all birth outline the extent to which payments or may target funding toward efforts aimed at control methods so that they can use the other funding have been provided to such en- reducing or eliminating the use of e-ciga- specific birth control that is right for them. tities over the past 5 years, including rette or electronic nicotine delivery systems (2) Removing barriers to access to birth amounts paid to each entity, the implica- (ENDS) or tobacco, as defined by the Food control so that women can plan, space, and tions of such payments, including and Drug Administration under the Federal prevent pregnancies is critically important vulnerabilities, and specific recommenda- Food, Drug, and Cosmetic Act (21 U.S.C. 301 for women’s health and economic security, tions on steps to ensure that payments are et seq.), among youths in schools.’’. as well as the health of any children they lawful and appropriate in the future. In de- may decide to have in the future. Access to veloping the report, the Secretary shall also SA 4001. MR. MCCONNELL (for Mr. birth control is linked to women’s greater coordinate with other relevant agencies, as educational and professional opportunities determined by the Secretary, to examine the SULLIVAN (for himself and Mr. MAR- and increased lifetime earnings. potential effect of allowing beneficiaries’ ge- KEY)) proposed an amendment to the (3) The Patient Protection and Affordable nome or exome data to be processed in the bill S. 1322, to establish the American Care Act (Public Law 111–148) has removed People’s Republic of China or the Russian Fisheries Advisory Committee to assist

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00072 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.055 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5863 in the awarding of fisheries research the relevant Regional Fishery Management ‘‘(11) CONFLICT OF INTEREST.—The conflict and development grants, and for other Council; and of interest and recusal provisions set out in purposes; as follows: ‘‘(iv) that are selected so that the members section 302(j) of the Magnuson-Stevens Fish- of the Committee have experience or exper- ery Conservation and Management Act (16 Strike all after the enacting clause and in- tise with as many seafood species as prac- U.S.C. 1852(j)) shall apply to any decision by sert the following: ticable. the Committee and to all members of the SECTION 1. SHORT TITLE. ‘‘(B) AT-LARGE MEMBERS.—The Secretary Committee as if each member of the Com- This Act may be cited as the ‘‘American shall appoint to the Committee at-large mittee is an affected individual within the Fisheries Advisory Committee Act’’. members as follows: meaning of such section 302(j), except that in SEC. 2. AMERICAN FISHERIES ADVISORY COM- ‘‘(i) One individual with experience in food addition to the disclosure requirements of MITTEE. distribution, marketing, retail, or food serv- section 302(j)(2)(C) of such Act (16 U.S.C. (a) ESTABLISHMENT.—Section 2 of the Act ice. 1852(j)(2)(C)), each member of the Committee of August 11, 1939 (15 U.S.C. 713c–3), is amend- ‘‘(ii) One individual with experience in the shall disclose any financial interest or rela- ed— recreational fishing industry supply chain, tionship in an organization or with an indi- (1) by redesignating subsection (e) as sub- such as fishermen, manufacturers, retailers, vidual that is applying for a grant under subsection (f); and and distributors. section (c) held by the member of the Com- (2) by inserting after subsection (d) the end ‘‘(iii) One individual with experience in the mittee, including an interest as an officer, the following: commercial fishing industry supply chain, director, trustee, partner, employee, con- ‘‘(e) AMERICAN FISHERIES ADVISORY COM- such as fishermen, manufacturers, retailers, tractor, agent, or other representative. MITTEE.— and distributors. ‘‘(12) TECHNICAL REVIEW OF APPLICATIONS.— ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(iv) One individual who is an employee of ‘‘(A) IN GENERAL.—Prior to review of an ap- ‘‘(A) COMMITTEE.—The term ‘Committee’ the National Marine Fisheries Service with plication for a grant under subsection (c) by means the American Fisheries Advisory expertise in fisheries research. the Committee, the Secretary shall obtain Committee established under paragraph (2). ‘‘(C) BALANCED REPRESENTATION.—In se- an independent written technical evaluation ‘‘(B) FISHING COMMUNITY.—The term ‘fish- lecting the members described in subpara- from 3 or more appropriate Federal, private, ing community’ means harvesters, market- graphs (A) and (B), the Secretary shall seek or public sector experts (such as industry, ers, growers, processors, recreational fisher- to maximize on the Committee, to the extent academia, or governmental experts) who— men, charter fishermen, and persons pro- practicable, a balanced representation of ex- ‘‘(i) have subject matter expertise to deter- viding them with goods and services. pertise in United States fisheries, seafood mine the technical merit of the proposal in ‘‘(C) MARKETING AND PROMOTION.—The term production, and science. the application; ‘marketing and promotion’ means an activ- ‘‘(4) MEMBER TERMS.—The term for a mem- ‘‘(ii) shall independently evaluate each ity aimed at encouraging the consumption of ber of the Committee shall be 3 years, except such proposal; and seafood or expanding or maintaining com- that the Secretary shall designate staggered ‘‘(iii) shall certify that the expert does not mercial markets for seafood. terms for the members initially appointed to have a conflict of interest concerning the ap- ‘‘(D) PROCESSOR.—The term ‘processor’ the Committee. plication that the expert is reviewing. means any person in the business of pre- ‘‘(5) RESPONSIBILITIES.—The Committee ‘‘(B) GUIDANCE.—Not later than 180 days paring or packaging seafood (including sea- shall be responsible for— after the date of enactment of the American food of the processor’s own harvesting) for ‘‘(A) identifying needs of the fishing com- Fisheries Advisory Committee Act, the Sec- sale. munity that may be addressed by a project retary shall issue guidance related to car- ‘‘(E) SEAFOOD.—The term ‘seafood’ means funded with a grant under subsection (c); rying out the technical evaluations under farm-raised and wild-caught fish, shellfish, ‘‘(B) developing the request for proposals subparagraph (A). Such guidance shall in- or marine algae harvested in the United for such grants; clude criteria for the elimination by the Na- States or by a United States flagged vessel ‘‘(C) reviewing applications for such tional Oceanic and Atmospheric Administra- for human consumption. grants; and tion of applications that fail to meet a min- ‘‘(2) ESTABLISHMENT.—Not later than 90 ‘‘(D) selecting applications for approval imum level of technical merit as determined days after the date of the enactment of the under subsection (c)(2)(B). by the review described in subparagraph American Fisheries Advisory Committee ‘‘(6) CHAIR.—The Committee shall elect a (A).’’. Act, the Secretary shall establish 6 regions chair by a majority of those voting, if a (b) ROLE IN APPROVAL OF GRANTS.—Section within the American Fisheries Advisory quorum is present. 2(c)(3) of the Act of August 11, 1939 (15 U.S.C. Committee as follows: ‘‘(7) QUORUM.—A simple majority of mem- 713c–3(c)(3)), is amended to read as follows: ‘‘(3)(A) No application for a grant under ‘‘(A) Region 1 shall consist of Alaska, Ha- bers of the Committee shall constitute a this subsection may be approved unless the waii, the Commonwealth of the Northern quorum, but a lesser number may hold hear- Secretary— Mariana Islands, and the Territories of ings. ‘‘(i) is satisfied that the applicant has the Guam and American Samoa. ‘‘(8) MEETINGS.— requisite technical and financial capability ‘‘(B) Region 2 shall consist of Maine, New ‘‘(A) FREQUENCY.—The Committee shall to carry out the project; and Hampshire, Massachusetts, Rhode Island, meet not more than 2 times each year. ‘‘(ii) based on the recommendations of the and Connecticut. ‘‘(B) LOCATION.—The meetings of the Com- American Fisheries Advisory Committee es- ‘‘(C) Region 3 shall consist of Texas, Ala- mittee shall rotate between the geographic tablished in subsection (e), evaluates the bama, Louisiana, Mississippi, Florida, Ar- regions described under paragraph (2). proposed project as to— kansas, Puerto Rico, and the Territory of the ‘‘(C) MINIMIZING COSTS.—The Committee ‘‘(I) soundness of design; Virgin Islands of the United States. shall seek to minimize the operational costs ‘‘(II) the possibilities of securing produc- ‘‘(D) Region 4 shall consist of California, associated with meetings, hearings, or other tive results; Washington, Oregon, and Idaho. business of the Committee, including ‘‘(III) minimization of duplication with ‘‘(E) Region 5 shall consist of New Jersey, through the use of video or teleconference. other fisheries research and development New York, Delaware, Maryland, Virginia, ‘‘(9) DESIGNATION OF STAFF MEMBER.—The projects; North Carolina, South Carolina, and Geor- Secretary shall designate a staff member to ‘‘(IV) the organization and management of gia. coordinate the activities of the Committee the project; ‘‘(F) Region 6 shall consist of Michigan, and to assist with administrative and other ‘‘(V) methods proposed for monitoring and Minnesota, Wisconsin, Illinois, Indiana, functions as requested by the Committee. evaluating the success or failure of the Ohio, and Pennsylvania. ‘‘(10) PER DIEM AND EXPENSES AND FUND- project; and ‘‘(3) MEMBERSHIP.—The Committee shall be ING.— ‘‘(VI) such other criteria as the Secretary composed of the following members: ‘‘(A) IN GENERAL.—A member of the Com- may require. ‘‘(A) REGIONAL REPRESENTATION.—Each of mittee shall serve without compensation, ‘‘(B) If the Secretary fails to provide funds the regions listed in subparagraphs (A) but shall be reimbursed in accordance with to a grant selected by the American Fish- through (F) of paragraph (2) shall be rep- section 5703 of title 5, United States Code, for eries Advisory Committee, the Secretary resented on the Committee by 3 members— reasonable travel costs and expenses in- shall provide a written document to the ‘‘(i) who are appointed by the Secretary; curred in performing duties as a member of Committee justifying the decision.’’. ‘‘(ii) who reside in a State or territory in the Committee. SEC. 3. EXPANSION OF SPECIFIED PURPOSES OF the region that the member will represent; ‘‘(B) FUNDING.—The costs of reimburse- FISHERIES RESEARCH AND DEVEL- ‘‘(iii) of which— ments under subparagraph (A) and the other OPMENT PROJECTS GRANTS PRO- ‘‘(I) one shall have experience as a seafood costs associated with the Committee shall be GRAM TO INCLUDE FISHERIES RE- harvester or processor; paid from funds made available to carry out SEARCH AND DEVELOPMENT ‘‘(II) one shall have experience as rec- this section (which may include funds de- PROJECTS. reational or commercial fisher or have expe- scribed in subsection (f)(1)(B)), except that Section 2(c)(1) of the Act of August 11, 1939 rience growing seafood; and no funds allocated for grants under sub- (15 U.S.C. 713c–3(c)(1)) is amended by insert- ‘‘(III) one shall be an individual who rep- section (f)(1)(A) shall be expended for any ing fisheries science, recreational fishing, be- resents the fisheries science community or purpose under this subsection. fore harvesting,.

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.057 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5864 CONGRESSIONAL RECORD — SENATE August 22, 2018 SEC. 4. PUBLIC AVAILABILITY OF GRANTS PRO- AUTHORITY FOR COMMITTEES TO Deputy Administrator, Federal Emer- POSALS. MEET gency Management Agency, both of the Section 2(c) of the Act of August 11, 1939 (15 U.S.C. 713c–3(c)), is amended by adding at the Mr. PORTMAN. Mr. President, I have Department of Homeland Security. end the following: 8 requests for committees to meet dur- COMMITTEE ON INDIAN AFFAIRS ‘‘(6) Any person awarded a grant under this ing today’s session of the Senate. They The Committee on Indian Affairs is subsection shall make publicly available a have the approval of the Majority and authorized to meet during the session title and abstract of the project to be carried Minority leaders. of the Senate on Wednesday, June 27, out by the grant funds that serves as the Pursuant to rule XXVI, paragraph 2018, at 2:15 p.m., to conduct a hearing. public justification for funding the project that includes a statement describing how the 5(a), of the Standing Rules of the Sen- COMMITTEE ON THE JUDICIARY project serves to enhance United States fish- ate, the following committees are au- The Committee on the Judiciary is eries, including harvesting, processing, mar- thorized to meet during today’s session authorized to meet during the session keting, and associated infrastructures, if ap- of the Senate: of the Senate on Wednesday, August 22, plicable.’’. COMMITTEE ON FINANCE 2018, at 10 a.m., to conduct a hearing on The Committee on Finance is author- the following nominations: Jonathan SA 4002. Mr. MCCONNELL (for Ms. ized to meet during the session of the A. Kobes, of South Dakota, to be MURKOWSKI) proposed an amendment United States Circuit Judge for the to the bill S. 1142, to extend the dead- Senate on Wednesday, August 22, 2018, Eighth Circuit, Kenneth D. Bell, to be line for commencement of construction at 9:30 a.m., to conduct a business United States District Judge for the of certain hydroelectric projects; as meeting and hearing on the following Western District of North Carolina, follows: nominations: Michael Faulkender, of Maryland, to be an Assistant Secretary Carl J. Nichols, to be United States Strike all after the enacting clause and in- District Judge for the District of Co- sert the following: of the Treasury, and Elizabeth Darling, lumbia, and Martha Maria Pacold, SECTION 1. SHORT TITLE. of Texas, to be Commissioner on Chil- This Act may be cited as the ‘‘J. Bennett dren, Youth, and Families, Department Mary M. Rowland, and Steven C. Johnston Waterway Hydropower Extension of Health and Human Services. Seeger, each to be a United States Dis- Act of 2018’’. COMMITTEE ON FOREIGN RELATIONS trict Judge for the Northern District of SEC. 2. EXTENSION. The Committee on Foreign Relations Illinois. (a) IN GENERAL.—Notwithstanding the time is authorized to meet during the ses- COMMITTEE ON RULES AND ADMINISTRATION period specified in section 13 of the Federal sion of the Senate on Wednesday, Au- The Committee on Rules and Admin- Power Act (16 U.S.C. 806) that would otherwise apply to Federal Energy Regulatory gust 22, 2018, at 10 a.m., to conduct a istration is authorized to meet during Commission project numbers 12756, 12757, and hearing. the session of the Senate on Wednes- 12758, the Commission may, at the request of COMMITTEE ON FOREIGN RELATIONS day, August 22, 2018, at 10:30 a.m., to the licensee for the applicable project, and The Committee on Foreign Relations conduct a hearing. after reasonable notice, in accordance with is authorized to meet during the ses- SUBCOMMITTEE ON PUBLIC LANDS, FORESTS, the good faith, due diligence, and public in- sion of the Senate on Wednesday, Au- AND MINING terest requirements of that section and the gust 22, 2018, at 10 a.m., to conduct a The Subcommittee on Public Lands, procedures of the Commission under that Forests, and Mining of the Committee section, extend the time period during which hearing on the following nominations: the licensee is required to commence the Michael A. Hammer, of Maryland, to be on Energy and Natural Resources is au- construction of the applicable project for up Ambassador to the Democratic Repub- thorized to meet during the session of to 3 consecutive 2-year periods from the date lic of the Congo, John Cotton Rich- the Senate on Wednesday, August 22, of the expiration of the extension originally mond, of Virginia, to be Director of the 2018, at 10 a.m., to conduct a hearing. issued by the Commission. Office to Monitor and Combat Traf- f (b) REINSTATEMENT OF LICENSE.—If the ficking, with the rank of Ambassador time period required for commencement of PRIVILEGES OF THE FLOOR construction of a project described in sub- at Large, Stephanie Sanders Sullivan, of Maryland, to be Ambassador to the Mr. GRASSLEY. Mr. President, I ask section (a) has expired prior to the date of unanimous consent that Aakash Singh, enactment of this Act— Republic of Ghana, Donald R. Tapia, of (1) the Commission may reinstate the li- Arizona, to be Ambassador to Jamaica, immigration counsel with my Judici- cense for the applicable project effective as David Hale, of New Jersey, to be an ary Committee staff, and Robert of the date of the expiration of the license; Under Secretary (Political Affairs), Shifflett, a detailee from the Depart- and Dereck J. Hogan, of Virginia, to be ment of Homeland Security, be granted (2) the first extension authorized under Ambassador to the Republic of floor privileges for the duration of to- subsection (a) shall take effect on that expi- day’s session. ration. Moldova, Philip S. Kosnett, of Vir- ginia, to be Ambassador to the Repub- The PRESIDING OFFICER. Without SA 4003. Mr. SCHUMER submitted an lic of Kosovo, and Judy Rising Reinke, objection, it is so ordered. amendment intended to be proposed to of Virginia, to be Ambassador to Mon- Mr. GARDNER. Mr. President, I ask amendment SA 3695 proposed by Mr. tenegro, all of the Department of unanimous consent that my fellow, John Price, be granted floor privileges SHELBY to the bill H.R. 6157, making State, and a routine list in the Foreign appropriations for the Department of Service; to be immediately followed by for the remainder of the year. The PRESIDING OFFICER. Without Defense for the fiscal year ending Sep- a hearing to examine the nominations objection, it is so ordered. tember 30, 2019, and for other purposes; of Kevin K. Sullivan, of Ohio, to be which was ordered to lie on the table; Ambassador to the Republic of Nica- f as follows: ragua, Francisco Luis Palmieri, of Con- ANTI-TERRORISM CLARIFICATION At the appropriate place in title II of divi- necticut, to be Ambassador to the Re- ACT OF 2018 sion B, insert the following: public of Honduras, and Karen L. Wil- Mr. MCCONNELL. Mr. President, I SEC. ll. (a) There are appropriated under liams, of Missouri, to be Ambassador to the heading ‘‘Healthcare Research and Qual- ask unanimous consent that the Sen- the Republic of Suriname, all of the ate proceed to the immediate consider- ity’’ under the heading ‘‘Agency for Department of State. Healthcare Research and Quality’’, in addi- ation of Calendar No. 514, S. 2946, which tion to any other amounts made available COMMITTEE ON HOMELAND SECURITY AND had been reported from the Committee under such heading, $2,000,000 to support GOVERNMENTAL AFFAIRS on the Judiciary with an amendment grants to address misdiagnosis, which shall The Committee on Homeland Secu- to strike all after the enacting clause include the establishment of Research Cen- rity and Governmental Affairs is au- and insert in lieu thereof the following: ters of Diagnostic Excellence to develop sys- thorized to meet during the session of tems and new technology solutions. the Senate on Wednesday, August 22, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Anti-Terrorism (b) Notwithstanding any other provision of 2018, at 10 a.m., to conduct a hearing on this Act, the total amount appropriated Clarification Act of 2018’’. the following nominations: William under the heading ‘‘Emerging and Zoonotic SEC. 2. CLARIFICATION OF THE TERM ‘‘ACT OF Infectious Diseases’’ under the heading ‘‘Cen- Bryan, of Virginia, to be Under Sec- WAR’’. ters for Disease Control and Prevention’’ is retary for Science and Technology, and (a) IN GENERAL.—Section 2331 of title 18, hereby reduced by $2,000,000. Peter Gaynor, of Rhode Island, to be United States Code, is amended—

VerDate Sep 11 2014 04:49 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00074 Fmt 4637 Sfmt 6333 E:\CR\FM\A22AU6.057 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5865 (1) in paragraph (4), by striking ‘‘and’’ at the the conduct described in paragraphs (1)(A) and S. 266 end; (1)(B) for 5 consecutive calendar years.’’. Be it enacted by the Senate and House of Rep- (2) in paragraph (5), by striking the period at (b) APPLICABILITY.—The amendments made by resentatives of the United States of America in the end and inserting ‘‘; and’’; and this section shall take effect on the date of en- Congress assembled, (3) by adding at the end the following: actment of this Act. SECTION 1. SHORT TITLE. ‘‘(6) the term ‘military force’ does not include The PRESIDING OFFICER. The This Act may be cited as the ‘‘Anwar Sadat any person that— clerk will report the bill by title. Centennial Celebration Act’’. ‘‘(A) has been designated as a— SEC. 2. FINDINGS. ‘‘(i) foreign terrorist organization by the Sec- The senior assistant legislative clerk read as follows: Congress finds the following: retary of State under section 219 of the Immigra- (1) Anwar Sadat was born on December 25, tion and Nationality Act (8 U.S.C. 1189); or A bill (S. 2946) to amend title 18, United 1918, in Mit Abu al-Kum, al-Minufiyah, ‘‘(ii) specially designated global terrorist (as States Code, to clarify the meaning of the Egypt, as 1 of 13 children in a poor Egyptian such term is defined in section 594.310 of title 31, terms ‘‘act of war’’ and ‘‘blocked asset,’’ and family. Code of Federal Regulations) by the Secretary of for other purposes. (2) In 1938, Sadat graduated from the Royal State or the Secretary of the Treasury; or There being no objection, the Senate Military Academy in Cairo and was ap- ‘‘(B) has been determined by the court to not proceeded to consider the bill. pointed to the Signal Corps. be a ‘military force’.’’. C (3) Sadat entered the Army as a second (b) APPLICABILITY.—The amendments made by Mr. M CONNELL. Mr. President, I ask unanimous consent that the com- lieutenant and was posted to Sudan where he this section shall apply to any civil action pend- met Gamal Abdel Nasser and fellow junior ing on or commenced after the date of the enact- mittee-reported substitute amendment officers who became the ‘‘Free Officers’’ who ment of this Act. be agreed to and that the bill, as led the Egyptian revolution of 1952. SEC. 3. SATISFACTION OF JUDGMENTS AGAINST amended, be considered read a third (4) Sadat held various high positions dur- TERRORISTS. time. ing Nasser’s presidency, assuming the role of (a) IN GENERAL.—Section 2333 of title 18, The PRESIDING OFFICER. Without President of the National Assembly in 1960 United States Code, is amended by inserting at objection, it is so ordered. and Vice President in 1964. the end following: The committee-reported substitute (5) President Nasser died of a heart attack ‘‘(e) USE OF BLOCKED ASSETS TO SATISFY amendment was agreed to. on September 28, 1970, at which point Sadat JUDGMENTS OF U.S. NATIONALS.—For purposes became acting President. Sadat was subse- of section 201 of the Terrorism Risk Insurance The bill was ordered to be engrossed quently elected as the third President of Act of 2002 (28 U.S.C. 1610 note), in any action for a third reading and was read the Egypt. in which a national of the United States has ob- third time. (6) On October 6, 1973, President Sadat, tained a judgment against a terrorist party pur- Mr. MCCONNELL. I know of no fur- along with his Syrian counterparts, launched suant to this section, the term ‘blocked asset’ ther debate on the bill. an offensive against Israel. A permanent shall include any asset of that terrorist party The PRESIDING OFFICER. The bill cease-fire was reached on October 25, 1973. (including the blocked assets of any agency or having been read the third time, the (7) In 1974, after talks facilitated by Sec- instrumentality of that party) seized or frozen question is, Shall the bill pass? retary of State Henry Kissinger, Egypt and by the United States under section 805(b) of the Israel signed an agreement allowing Egypt Foreign Narcotics Kingpin Designation Act (21 The bill (S. 2946), as amended, was to formally retrieve land in the Sinai. Presi- U.S.C. 1904(b)).’’. passed. dent Sadat later wrote in his memoirs that (b) APPLICABILITY.—The amendments made by Mr. MCCONNELL. Mr. President, I his meetings with Kissinger ‘‘marked the be- this section shall apply to any judgment entered ask unanimous consent that the mo- ginning of a relationship of mutual under- before, on, or after the date of enactment of this tion to reconsider be considered made standing with the United States culminating Act. and laid upon the table. and crystallizing in what we came to de- SEC. 4. CONSENT OF CERTAIN PARTIES TO PER- The PRESIDING OFFICER. Without scribe as a ‘peace process’. Together we SONAL JURISDICTION. objection, it is so ordered. started that process and the United States (a) IN GENERAL.—Section 2334 of title 18, still supports our joint efforts to this day’’. United States Code, is amended by adding at the f (8) Months of diplomacy between Egypt end the following: ANWAR SADAT CENTENNIAL and Israel followed the signing of this initial ‘‘(e) CONSENT OF CERTAIN PARTIES TO PER- CELEBRATION ACT agreement and a second disengagement SONAL JURISDICTION.— agreement, the Sinai Interim Agreement, ‘‘(1) IN GENERAL.—Except as provided in para- Mr. MCCONNELL. Mr. President, I was signed in September of 1975. graph (2), for purposes of any civil action under ask unanimous consent that the Com- (9) President Sadat addressed a joint ses- section 2333 of this title, a defendant shall be mittee on Banking be discharged from sion of Congress on November 5, 1975, during deemed to have consented to personal jurisdic- further consideration of S. 266 and the which he underscored the shared values be- tion in such civil action if, regardless of the date Senate proceed to its immediate con- tween the United States and Egypt. In this of the occurrence of the act of international ter- speech, President Sadat addressed the path rorism upon which such civil action was filed, sideration. to peace, saying, ‘‘We are faced, together the defendant— The PRESIDING OFFICER. Without with other nations, with one of the greatest ‘‘(A) after the date that is 120 days after the objection, it is so ordered. challenges of our time, namely the task of date of enactment of this subsection, accepts— The clerk will report the bill by title. convincing this generation, and those to fol- ‘‘(i) any form of assistance, however provided, The senior assistant legislative clerk low, that we can finally build a viable inter- under chapter 4 of part II of the Foreign Assist- read as follows: national system capable of meeting the de- ance Act of 1961 (22 U.S.C. 2346 et seq.); mands of tomorrow and solving the problems A bill (S. 266) to award the Congressional ‘‘(ii) any form of assistance, however pro- of the coming age’’. Gold Medal to Anwar Sadat in recognition of vided, under section 481 of the Foreign Assist- (10) On November 19, 1977, President Sadat his heroic achievements and courageous con- ance Act of 1961 (22 U.S.C. 2291) for inter- became the first Arab leader to visit Israel, tributions to peace in the Middle East. national narcotics control and law enforcement; meeting with the Israeli Prime Minister, or There being no objection, the Senate Menachem Begin. President Sadat spoke be- ‘‘(iii) any form of assistance, however pro- proceeded to consider the bill. fore the Israeli Knesset in Jerusalem about vided, under chapter 9 of part II of the Foreign Mr. MCCONNELL. Mr. President, I his views on how to achieve comprehensive Assistance Act of 1961 (22 U.S.C. 2349bb et seq.); ask unanimous consent that the bill be peace in the Arab-Israeli conflict. or considered read a third time. (11) Before commencing negotiations, ‘‘(B) in the case of a defendant benefiting The PRESIDING OFFICER. Is there President Sadat courageously announced to from a waiver or suspension of section 1003 of the Knesset, ‘‘I have come to you so that to- the Anti-Terrorism Act of 1987 (22 U.S.C. 5202) objection? gether we might build a durable peace based after the date that is 120 days after the date of Without objection, it is so ordered. on justice, to avoid the shedding of 1 single enactment of this subsection— The bill was ordered to be engrossed drop of blood from an Arab or an Israeli. It ‘‘(i) continues to maintain any office, head- for a third reading and was read the is for this reason that I have proclaimed my quarters, premises, or other facilities or estab- third time. readiness to go to the farthest corner of the lishments within the jurisdiction of the United Mr. MCCONNELL. Mr. President, I world’’. President Sadat further poignantly States; or know of no further debate on the bill. stated that ‘‘any life lost in war is a human ‘‘(ii) establishes or procures any office, head- The PRESIDING OFFICER. The bill life, irrespective of its being that of an quarters, premises, or other facilities or estab- Israeli or an Arab. . . . When the bells of lishments within the jurisdiction of the United having been read the third time, the peace ring, there will be no hands to beat the States. question is, Shall the bill pass? drums of war’’. ‘‘(2) APPLICABILITY.—Paragraph (1) shall not The bill (S. 266) was passed, as fol- (12) On September 17, 1978, President apply to any defendant who ceases to engage in lows: Jimmy Carter hosted President Sadat and

VerDate Sep 11 2014 04:49 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00075 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.071 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5866 CONGRESSIONAL RECORD — SENATE August 22, 2018 Prime Minister Begin at Camp David where improve a world tormented by malice and AMERICAN FISHERIES ADVISORY the 3 leaders engaged in 13 days of negotia- pettiness’’. COMMITTEE ACT tions that resulted in the ‘‘Framework for (21) President Sadat is recognized in the Peace in the Middle East’’ (commonly known United States and throughout the world as a Mr. MCCONNELL. Mr. President, I as the ‘‘Camp David Accords’’). respected leader and champion of peace ask unanimous consent that the Sen- (13) Following negotiations, President whose vision provided a roadmap for the ate proceed to the immediate consider- Sadat and Prime Minister Begin signed the peaceful resolution of conflict that endures ation of Calendar No. 283, S. 1322, which Egypt-Israel Peace Treaty (in this section nearly 40 years after its inception. had been reported from the Committee referred to as the ‘‘Peace Treaty’’) at the (22) President Sadat bravely reached out to on Commerce, Science, and Transpor- White House on March 26, 1979. Addressing Israel and dedicated himself to peace, fur- tation, with an amendment to strike thering the national security of Egypt and President Sadat at the signing of the Peace all after the enacting clause and insert Treaty, which remains an important anchor the stability of the Middle East. for peace in the region today, Prime Minister (23) On the 30th anniversary of the Peace in lieu thereof the following: Begin commended President Sadat by say- Treaty, President Barack Obama praised the SECTION 1. SHORT TITLE. ing, ‘‘In the face of adversity and hostility, enduring legacy of the Camp David Accords This Act may be cited as the ‘‘American Fish- you have demonstrated the human value and the ‘‘courage and foresight of these lead- eries Advisory Committee Act’’. that can change history—civil courage’’. ers, who stood together in unity to change SEC. 2. AMERICAN FISHERIES ADVISORY COM- (14) The Peace Treaty featured mutual rec- the course of our shared history’’. President MITTEE. ognition of each country by the other and ul- Obama closed by saying, ‘‘Today, as we seek (a) ESTABLISHMENT.—Section 2 of the Act of timately the cessation of the state of war to expand the circle of peace among Arabs August 11, 1939 (15 U.S.C. 713c–3), is amended that had existed between Israel and Egypt and Israelis, we take inspiration from what by adding at the end the following: since the 1948 Arab-Israeli War. Israel com- Israel and Egypt achieved 3 decades ago, ‘‘(f) AMERICAN FISHERIES ADVISORY COM- pletely withdrew its armed forces and civil- knowing that the destination is worthy of MITTEE.— ians from the rest of the Sinai. the struggle’’. ‘‘(1) DEFINITIONS.—In this subsection: (15) In 1978, both President Sadat and (24) The Camp David Accords and the ‘‘(A) COMMITTEE.—The term ‘Committee’ Prime Minister Begin were awarded the Peace Treaty continue to serve the interests means the American Fisheries Advisory Com- Nobel Peace Prize for signing the Peace of the United States by preserving peace and mittee established under paragraph (2). Treaty, which made Egypt the first Arab serving as a foundation for partnership and ‘‘(B) FISHING COMMUNITY.—The term ‘fishing country to officially recognize Israel. dialogue in a region fraught with conflict community’ means harvesters, marketers, grow- (16) While presenting the Nobel Peace Prize and division. ers, processors, recreational fishermen, charter to President Sadat, Aase Lionaes, Chairman SEC. 3. CONGRESSIONAL GOLD MEDAL. fishermen, and persons providing them with of the Norwegian Nobel Committee, said, (a) AWARD AUTHORIZED.—The Speaker of goods and services. ‘‘During the 30 preceding years, the peoples the House of Representatives and the Presi- ‘‘(C) MARKETING AND PROMOTION.—The term of the Middle East have, on 4 separate occa- dent pro tempore of the Senate shall make ‘marketing and promotion’ means an activity sions, been the victims of warfare and there appropriate arrangements for the post- aimed at encouraging the consumption of sea- seemed no prospect of peace. President humous award, on behalf of Congress, of a food or expanding or maintaining commercial Sadat’s great contribution to peace was that gold medal of appropriate design to Anwar markets for seafood. he had sufficient courage and foresight to Sadat in recognition of his achievements and ‘‘(D) PROCESSOR.—The term ‘processor’ means break away from this vicious circle. His deci- heroic actions to attain comprehensive peace any person in the business of preparing or pack- sion to accept Prime Minister Menachem Be- in the Middle East. aging seafood (including seafood of the proc- gin’s invitation of November 17, 1977, to at- (b) DESIGN AND STRIKING.—For the purpose essor’s own harvesting) for sale. tend a meeting of the Israeli parliament on of the award referred to in subsection (a), the ‘‘(E) SEAFOOD.—The term ‘seafood’ means November 19 was an act of great courage, Secretary of the Treasury (referred to in this farm-raised and wild-caught fish, shellfish, or Act as the ‘‘Secretary’’) shall strike a gold both from a personal and from a political marine algae harvested in the United States or medal with suitable emblems, devices, and point of view. This was a dramatic break by a United States flagged vessel for human inscriptions to be determined by the Sec- with the past and a courageous step forward consumption. retary. into a new age’’. ‘‘(2) ESTABLISHMENT.—Not later than 90 days (c) PRESENTATION.— (17) During his Nobel lecture, President after the date of the enactment of the American (1) IN GENERAL.—The gold medal referred Sadat remarked, ‘‘I made my trip because I Fisheries Advisory Committee Act, the Secretary to in subsection (a) shall be presented to— shall establish 6 regions within the American am convinced that we owe it to this genera- (A)(i) the widow of Anwar Sadat, Jehan tion and the generations to come not to Fisheries Advisory Committee as follows: Sadat; or ‘‘(A) Region 1 shall consist of Alaska, Hawaii, leave a stone unturned in our pursuit of (ii) if Jehan Sadat is unavailable, the next the Commonwealth of the Northern Mariana Is- peace’’. of kin of Jehan Sadat; and lands, and the Territories of Guam and Amer- (18) In remarks to the People’s Assembly in (B) a representative of the Government of ican Samoa. Cairo on March 10, 1979, President Carter Egypt. ‘‘(B) Region 2 shall consist of Maine, New praised President Sadat, telling the Assem- (2) AWARD OF MEDAL.—Following the pres- Hampshire, Massachusetts, Rhode Island, and bly, ‘‘Your President has demonstrated the entation described in paragraph (1), the gold Connecticut. power of human courage and human vision medal shall be given to— ‘‘(C) Region 3 shall consist of Texas, Alabama, to create hope where there had been only de- (A) Jehan Sadat; or Louisiana, Mississippi, Florida, Arkansas, Puer- spair.’’. President Carter also said that the (B) if Jehan Sadat is unavailable, the next to Rico, and territory of the Virgin Islands. Peace Treaty would ‘‘strengthen cooperation of kin of Jehan Sadat. ‘‘(D) Region 4 shall consist of California, between Egypt and the United States’’ and SEC. 4. DUPLICATE MEDALS. Washington, Oregon, and Idaho. underscored the support of the United States The Secretary may strike and sell dupli- ‘‘(E) Region 5 shall consist of New Jersey, New for the agreement, saying, ‘‘I fully share and cates in bronze of the gold medal struck York, Delaware, Maryland, Virginia, North will support President Sadat’s belief that under section 3 under such regulations as the Carolina, South Carolina, and Georgia. stability must be maintained in this part of Secretary may prescribe, at a price suffi- ‘‘(F) Region 6 shall consist of Michigan, Min- the world . . . He and I recognize that the se- cient to cover the cost thereof, including nesota, Wisconsin, Illinois, Indiana, Ohio, and curity of this vital region is being chal- labor, materials, dies, use of machinery, and Pennsylvania. lenged. I applaud his determination to meet overhead expenses, and the cost of the gold ‘‘(3) MEMBERSHIP.—The Committee shall be that challenge, and my Government will medal. composed of the following members: stand with him’’. SEC. 5. STATUS OF MEDALS. ‘‘(A) REGIONAL REPRESENTATION.—Each of the (19) The signing of the Peace Treaty en- (a) NATIONAL MEDALS.—The medals struck regions listed in subparagraphs (A) through (F) raged many individuals who opposed normal- under this Act are national medals for pur- of paragraph (2) shall be represented on the ized relations with Israel. President Sadat poses of chapter 51 of title 31, United States Committee by 3 members— was assassinated on October 6, 1981, by Code. ‘‘(i) who are appointed by the Secretary; Khalid Islambouli, a member of Egyptian Is- (b) NUMISMATIC ITEMS.—For purposes of ‘‘(ii) who reside in a State or territory in the lamic Jihad. President Sadat was well aware sections 5134 and 5136 of title 31, United region that the member will represent; of the controversy to which his actions States Code, all medals struck under this ‘‘(iii) of which— would lead, but pushed for peace anyway. Act shall be considered to be numismatic ‘‘(I) one shall have experience as a seafood (20) Upon the death of President Sadat, items. harvester; President Ronald Reagan proclaimed, ‘‘(II) one shall have experience as a processor; Mr. MCCONNELL. Mr. President, I ‘‘President Sadat was a courageous man and whose vision and wisdom brought nations ask unanimous consent that the mo- ‘‘(III) one shall have experience as a rec- and people together. In a world filled with tion to reconsider be considered made reational fisher; and hatred, he was a man of hope. In a world and laid upon the table. ‘‘(iv) that are selected so that the members of trapped in the animosities of the past, he The PRESIDING OFFICER. Without the Committee have experience or expertise with was a man of foresight, a man who sought to objection, it is so ordered. as many seafood species as practicable.

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‘‘(B) AT-LARGE MEMBERS.—The Secretary ‘‘(I) the selections of the Committee estab- $133,000,000, with the amount of the increase shall appoint to the Committee at-large members lished in subsection (f); to be available for the Missile Defense Agen- to ensure that the Committee fairly reflects the ‘‘(II) soundness of design; cy for Common Kill Vehicle Technology expertise and interest of the fishing community ‘‘(III) the possibilities of securing productive (b) The amount appropriated by title IV of located in each region, as follows: results; this division under the heading ‘‘Research, ‘‘(i) One individual with experience in mass ‘‘(IV) minimization of duplication with other Development, Test and Evaluation, Defense- market food distribution. fisheries research and development projects; Wide’’ is hereby decreased by $133,000,000, ‘‘(ii) One individual with experience in mass ‘‘(V) the organization and management of the with the amount of the decrease to be ap- market food retail or food service. project; plied against amounts otherwise appro- ‘‘(iii) One individual with experience in the ‘‘(VI) methods proposed for monitoring and priated by the heading for the Missile De- marketing of seafood. evaluating the success or failure of the project; fense Agency and available for Technology ‘‘(iv) One individual with experience in grow- and Maturation Initiatives. ing seafood. ‘‘(VII) such other criteria as the Secretary The bill (S. 1322), as amended, was or- ‘‘(v) One individual with experience as a rec- may require; and reational fisher. ‘‘(iii) the application selected for funding dered to be engrossed for a third read- ‘‘(vi) One individual who is an employee of meets the proposal developed by the American ing, was read the third time and the National Marine Fisheries Service with ex- Fisheries Advisory Committee under subsection passed, as follows: pertise in fisheries research. (f). S. 1322 ‘‘(vii) One individual that represents the fish- ‘‘(B) JUSTIFICATION.—If the Secretary fails to Be it enacted by the Senate and House of Rep- eries science community. provide funds to a grant selected by the Com- resentatives of the United States of America in ‘‘(4) MEMBER TERMS.—The term for a member mittee, the Secretary shall provide a written of the Committee shall be 3 years, except that Congress assembled, document to the Committee justifying the deci- SECTION 1. SHORT TITLE. the Secretary shall designate staggered terms for sion.’’. the members initially appointed to the Com- This Act may be cited as the ‘‘American SEC. 3. EXPANSION OF SPECIFIED PURPOSES OF Fisheries Advisory Committee Act’’. mittee. FISHERIES RESEARCH AND DEVEL- ‘‘(5) RESPONSIBILITIES.—The Committee shall OPMENT PROJECTS GRANTS PRO- SEC. 2. AMERICAN FISHERIES ADVISORY COM- be responsible for— GRAM TO INCLUDE FISHERIES RE- MITTEE. ‘‘(A) identifying needs of the fishing commu- SEARCH AND DEVELOPMENT (a) ESTABLISHMENT.—Section 2 of the Act nity that may be addressed by a project funded PROJECTS. of August 11, 1939 (15 U.S.C. 713c–3), is amend- with a grant under subsection (c); Section 2(c)(1) of the Act of August 11, 1939 ed— ‘‘(B) developing the request for proposals for (15 U.S.C. 713c–3(c)(1)) is amended by inserting (1) by redesignating subsection (e) as sub- such grants; ‘‘fisheries science, recreational fishing,’’ before section (f); and ‘‘(C) reviewing applications for such grants; ‘‘harvesting,’’. (2) by inserting after subsection (d) the end and SEC. 4. PUBLIC AVAILABILITY OF GRANTS PRO- the following: ‘‘(D) selecting applications for approval under POSALS. ‘‘(e) AMERICAN FISHERIES ADVISORY COM- subsection (c)(2)(B). Section 2(c) of the Act of August 11, 1939 (15 MITTEE.— ‘‘(6) CHAIR.—The Committee shall elect a U.S.C. 713c–3(c)), is amended by adding at the ‘‘(1) DEFINITIONS.—In this subsection: chair by a majority of those voting, if a quorum end the following: ‘‘(A) COMMITTEE.—The term ‘Committee’ is present. ‘‘(6) Any person awarded a grant under this means the American Fisheries Advisory ‘‘(7) QUORUM.—A simple majority of members subsection shall make publicly available a title Committee established under paragraph (2). of the Committee shall constitute a quorum, but and abstract of the project to be carried out by ‘‘(B) FISHING COMMUNITY.—The term ‘fish- a lesser number may hold hearings. the grant funds that serves as the public jus- ing community’ means harvesters, market- ‘‘(8) MEETINGS.— tification for funding the project that includes a ers, growers, processors, recreational fisher- ‘‘(A) FREQUENCY.—The Committee shall meet statement describing how the project serves to men, charter fishermen, and persons pro- not more than 2 times each year. enhance United States fisheries, including har- viding them with goods and services. ‘‘(B) LOCATION.—The meetings of the Com- ‘‘(C) MARKETING AND PROMOTION.—The term mittee shall rotate between the geographic re- vesting, processing, marketing, and associated infrastructures, if applicable.’’. ‘marketing and promotion’ means an activ- gions described under paragraph (2). ity aimed at encouraging the consumption of ‘‘(9) STAFF.—The Committee may employ staff The PRESIDING OFFICER. The seafood or expanding or maintaining com- as necessary. clerk will report the bill by title. mercial markets for seafood. ‘‘(10) PER DIEM AND EXPENSES AND FUNDING.— The senior assistant legislative clerk ‘‘(D) PROCESSOR.—The term ‘processor’ ‘‘(A) IN GENERAL.—A member of the Committee read as follows: shall serve without compensation, but shall be means any person in the business of pre- reimbursed in accordance with section 5703 of A bill (S. 1322) to establish the American paring or packaging seafood (including sea- title 5, United States Code, for reasonable travel Fisheries Advisory Committee to assist in food of the processor’s own harvesting) for costs and expenses incurred in performing duties the awarding of fisheries research and devel- sale. as a member of the Committee. opment grants, and for other purposes. ‘‘(E) SEAFOOD.—The term ‘seafood’ means ‘‘(B) FUNDING.—The reimbursements made There being no objection, the Senate farm-raised and wild-caught fish, shellfish, or marine algae harvested in the United under subparagraph (A) shall be paid with the proceeded to consider the bill. funds made available for grants under sub- States or by a United States flagged vessel Mr. MCCONNELL. Mr. President, I for human consumption. section (c). ask unanimous consent that the com- ‘‘(11) CONFLICT OF INTEREST.—The conflict of ‘‘(2) ESTABLISHMENT.—Not later than 90 interest and recusal provisions set out in section mittee-reported substitute amendment days after the date of the enactment of the 302(j) of the Magnuson-Stevens Fishery Con- be withdrawn, the Sullivan substitute American Fisheries Advisory Committee servation and Management Act (16 U.S.C. amendment at the desk be considered Act, the Secretary shall establish 6 regions 1852(j)) shall apply to any decision by the Com- and agreed to, the bill, as amended, be within the American Fisheries Advisory mittee and to all members of the Committee as if considered read a third time and Committee as follows: each member of the Committee is an affected in- ‘‘(A) Region 1 shall consist of Alaska, Ha- passed, and the motion to reconsider be waii, the Commonwealth of the Northern dividual within the meaning of such section considered made and laid upon the 302(j), except that in addition to the disclosure Mariana Islands, and the Territories of requirements of section 302(j)(2)(C) of such Act table. Guam and American Samoa. (16 U.S.C. 1852(j)(2)(C)), each member of the The PRESIDING OFFICER. Without ‘‘(B) Region 2 shall consist of Maine, New Committee shall disclose any financial interest objection, it is so ordered. Hampshire, Massachusetts, Rhode Island, or relationship in an organization or with an The committee-reported substitute and Connecticut. individual that is applying for a grant under amendment was withdrawn. ‘‘(C) Region 3 shall consist of Texas, Ala- subsection (c) held by the member of the Com- The amendment (No. 3942) was agreed bama, Louisiana, Mississippi, Florida, Ar- mittee, including an interest as an officer, direc- to, as follows: kansas, Puerto Rico, and the Territory of the tor, trustee, partner, employee, contractor, Virgin Islands of the United States. (Purpose: To increase by $133,000,000 the agent, or other representative.’’. ‘‘(D) Region 4 shall consist of California, amount appropriated for Research, Devel- (b) ROLE IN APPROVAL OF GRANTS.—Section Washington, Oregon, and Idaho. 2(c)(3) of the Act of August 11, 1939 (15 U.S.C. opment, Test and Evaluation, Defense- ‘‘(E) Region 5 shall consist of New Jersey, 713c–3(c)(3)), is amended to read as follows: Wide for Common Kill Vehicle Technology, New York, Delaware, Maryland, Virginia, ‘‘(3)(A) No application for a grant under this and to provide an offset) North Carolina, South Carolina, and Geor- subsection may be approved unless— At the appropriate place in title VIII of di- gia. ‘‘(i) the Secretary is satisfied that the appli- vision A, insert the following: ‘‘(F) Region 6 shall consist of Michigan, cant has the requisite technical and financial SEC. lll. (a) The amount appropriated Minnesota, Wisconsin, Illinois, Indiana, capability to carry out the project; by title IV of this division under the heading Ohio, and Pennsylvania. ‘‘(ii) the Secretary evaluates the proposed ‘‘Research, Development, Test and Evalua- ‘‘(3) MEMBERSHIP.—The Committee shall be project as to— tion, Defense-Wide’’ is hereby increased by composed of the following members:

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‘‘(A) REGIONAL REPRESENTATION.—Each of but shall be reimbursed in accordance with ‘‘(B) If the Secretary fails to provide funds the regions listed in subparagraphs (A) section 5703 of title 5, United States Code, for to a grant selected by the American Fish- through (F) of paragraph (2) shall be rep- reasonable travel costs and expenses in- eries Advisory Committee, the Secretary resented on the Committee by 3 members— curred in performing duties as a member of shall provide a written document to the ‘‘(i) who are appointed by the Secretary; the Committee. Committee justifying the decision.’’. ‘‘(ii) who reside in a State or territory in ‘‘(B) FUNDING.—The costs of reimburse- SEC. 3. EXPANSION OF SPECIFIED PURPOSES OF the region that the member will represent; ments under subparagraph (A) and the other FISHERIES RESEARCH AND DEVEL- ‘‘(iii) of which— costs associated with the Committee shall be OPMENT PROJECTS GRANTS PRO- ‘‘(I) one shall have experience as a seafood paid from funds made available to carry out GRAM TO INCLUDE FISHERIES RE- harvester or processor; this section (which may include funds de- SEARCH AND DEVELOPMENT PROJECTS. ‘‘(II) one shall have experience as rec- scribed in subsection (f)(1)(B)), except that Section 2(c)(1) of the Act of August 11, 1939 reational or commercial fisher or have expe- no funds allocated for grants under sub- (15 U.S.C. 713c–3(c)(1)) is amended by insert- rience growing seafood; and section (f)(1)(A) shall be expended for any ing fisheries science, recreational fishing, be- ‘‘(III) one shall be an individual who rep- purpose under this subsection. fore harvesting,. resents the fisheries science community or ‘‘(11) CONFLICT OF INTEREST.—The conflict the relevant Regional Fishery Management of interest and recusal provisions set out in SEC. 4. PUBLIC AVAILABILITY OF GRANTS PRO- POSALS. Council; and section 302(j) of the Magnuson-Stevens Fish- Section 2(c) of the Act of August 11, 1939 (15 ‘‘(iv) that are selected so that the members ery Conservation and Management Act (16 U.S.C. 713c–3(c)), is amended by adding at the of the Committee have experience or exper- U.S.C. 1852(j)) shall apply to any decision by end the following: tise with as many seafood species as prac- the Committee and to all members of the ‘‘(6) Any person awarded a grant under this ticable. Committee as if each member of the Com- subsection shall make publicly available a ‘‘(B) AT-LARGE MEMBERS.—The Secretary mittee is an affected individual within the title and abstract of the project to be carried shall appoint to the Committee at-large meaning of such section 302(j), except that in out by the grant funds that serves as the members as follows: addition to the disclosure requirements of public justification for funding the project ‘‘(i) One individual with experience in food section 302(j)(2)(C) of such Act (16 U.S.C. that includes a statement describing how the distribution, marketing, retail, or food serv- 1852(j)(2)(C)), each member of the Committee project serves to enhance United States fish- ice. shall disclose any financial interest or rela- eries, including harvesting, processing, mar- ‘‘(ii) One individual with experience in the tionship in an organization or with an indi- keting, and associated infrastructures, if recreational fishing industry supply chain, vidual that is applying for a grant under sub- applicable.’’. such as fishermen, manufacturers, retailers, section (c) held by the member of the Com- and distributors. mittee, including an interest as an officer, f ‘‘(iii) One individual with experience in the director, trustee, partner, employee, con- J. BENNETT JOHNSTON WATER- commercial fishing industry supply chain, tractor, agent, or other representative. such as fishermen, manufacturers, retailers, WAY HYDROPOWER EXTENSION ‘‘(12) TECHNICAL REVIEW OF APPLICATIONS.— and distributors. ‘‘(A) IN GENERAL.—Prior to review of an ap- ACT OF 2017 ‘‘(iv) One individual who is an employee of plication for a grant under subsection (c) by the National Marine Fisheries Service with Mr. MCCONNELL. Mr. President, I the Committee, the Secretary shall obtain expertise in fisheries research. ask unanimous consent the Senate pro- an independent written technical evaluation ‘‘(C) BALANCED REPRESENTATION.—In se- ceed to the immediate consideration of from 3 or more appropriate Federal, private, lecting the members described in subpara- S. 1142. or public sector experts (such as industry, graphs (A) and (B), the Secretary shall seek academia, or governmental experts) who— The PRESIDING OFFICER. Without to maximize on the Committee, to the extent ‘‘(i) have subject matter expertise to deter- objection, it is so ordered. practicable, a balanced representation of ex- mine the technical merit of the proposal in The clerk will report the bill by title. pertise in United States fisheries, seafood the application; The senior assistant legislative clerk production, and science. ‘‘(ii) shall independently evaluate each read as follows: ‘‘(4) MEMBER TERMS.—The term for a member of the Committee shall be 3 years, except such proposal; and A bill (S. 1142) to extend the deadline for that the Secretary shall designate staggered ‘‘(iii) shall certify that the expert does not commencement of construction of certain terms for the members initially appointed to have a conflict of interest concerning the ap- hydroelectric projects. the Committee. plication that the expert is reviewing. There being no objection, the Senate ‘‘(B) GUIDANCE.—Not later than 180 days ‘‘(5) RESPONSIBILITIES.—The Committee proceeded to consider the bill. shall be responsible for— after the date of enactment of the American Fisheries Advisory Committee Act, the Sec- Mr. MCCONNELL. Mr. President, I ‘‘(A) identifying needs of the fishing com- ask unanimous consent that the bill as munity that may be addressed by a project retary shall issue guidance related to car- funded with a grant under subsection (c); rying out the technical evaluations under reported be considered, the committee ‘‘(B) developing the request for proposals subparagraph (A). Such guidance shall in- substitute be withdrawn, the Mur- for such grants; clude criteria for the elimination by the Na- kowski amendment be agreed to, the ‘‘(C) reviewing applications for such tional Oceanic and Atmospheric Administra- bill, as amended, be considered read a grants; and tion of applications that fail to meet a min- third time and passed, and the motion ‘‘(D) selecting applications for approval imum level of technical merit as determined by the review described in subparagraph to reconsider be considered made and under subsection (c)(2)(B). laid upon the table. ‘‘(6) CHAIR.—The Committee shall elect a (A).’’. chair by a majority of those voting, if a (b) ROLE IN APPROVAL OF GRANTS.—Section The PRESIDING OFFICER. Without quorum is present. 2(c)(3) of the Act of August 11, 1939 (15 U.S.C. objection, it is so ordered. ‘‘(7) QUORUM.—A simple majority of mem- 713c–3(c)(3)), is amended to read as follows: The committee-reported amendment, bers of the Committee shall constitute a ‘‘(3)(A) No application for a grant under in the nature of a substitute, was with- quorum, but a lesser number may hold hear- this subsection may be approved unless the drawn. ings. Secretary— The amendment (No. 4002) was agreed ‘‘(8) MEETINGS.— ‘‘(i) is satisfied that the applicant has the to as follows: REQUENCY.—The Committee shall ‘‘(A) F requisite technical and financial capability (Purpose: In the nature of a substitute) meet not more than 2 times each year. to carry out the project; and ‘‘(B) LOCATION.—The meetings of the Com- ‘‘(ii) based on the recommendations of the Strike all after the enacting clause and in- mittee shall rotate between the geographic American Fisheries Advisory Committee es- sert the following: regions described under paragraph (2). tablished in subsection (e), evaluates the SECTION 1. SHORT TITLE. ‘‘(C) MINIMIZING COSTS.—The Committee proposed project as to— This Act may be cited as the ‘‘J. Bennett shall seek to minimize the operational costs ‘‘(I) soundness of design; Johnston Waterway Hydropower Extension associated with meetings, hearings, or other ‘‘(II) the possibilities of securing produc- Act of 2018’’. business of the Committee, including tive results; SEC. 2. EXTENSION. through the use of video or teleconference. ‘‘(III) minimization of duplication with (a) IN GENERAL.—Notwithstanding the time ‘‘(9) DESIGNATION OF STAFF MEMBER.—The other fisheries research and development period specified in section 13 of the Federal Secretary shall designate a staff member to projects; Power Act (16 U.S.C. 806) that would other- coordinate the activities of the Committee ‘‘(IV) the organization and management of wise apply to Federal Energy Regulatory and to assist with administrative and other the project; Commission project numbers 12756, 12757, and functions as requested by the Committee. ‘‘(V) methods proposed for monitoring and 12758, the Commission may, at the request of ‘‘(10) PER DIEM AND EXPENSES AND FUND- evaluating the success or failure of the the licensee for the applicable project, and ING.— project; and after reasonable notice, in accordance with ‘‘(A) IN GENERAL.—A member of the Com- ‘‘(VI) such other criteria as the Secretary the good faith, due diligence, and public in- mittee shall serve without compensation, may require. terest requirements of that section and the

VerDate Sep 11 2014 03:19 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00078 Fmt 4637 Sfmt 0634 E:\CR\FM\A22AU6.077 S22AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 22, 2018 CONGRESSIONAL RECORD — SENATE S5869 procedures of the Commission under that ate the message from the House to ac- The PRESIDING OFFICER. The section, extend the time period during which company S. 899. clerk will report the resolution by the licensee is required to commence the The Presiding Officer laid before the title. construction of the applicable project for up to 3 consecutive 2-year periods from the date Senate the following message from the The senior assistant legislative clerk of the expiration of the extension originally House of Representatives: read as follows: issued by the Commission. Resolved, That the bill from the Senate (S. A resolution (S. Res. 615) honoring the life (b) REINSTATEMENT OF LICENSE.—If the 899) entitled ‘‘An Act to amend title 38, and legacy of Aretha Franklin and the con- time period required for commencement of United States Code, to ensure that the re- tribution of Aretha Franklin to music, civil construction of a project described in sub- quirements that new Federal employees who rights, and the City of Detroit. section (a) has expired prior to the date of are veterans with service-connected disabil- enactment of this Act— ities are provided leave for purposes of un- There being no objection, the Senate (1) the Commission may reinstate the li- dergoing medical treatment for such disabil- proceeded to consider the resolution. cense for the applicable project effective as ities apply to certain employees of the Vet- Mr. MCCONNELL. I further ask of the date of the expiration of the license; erans Health Administration, and for other unanimous consent that the resolution and purposes.’’ be agreed to, the preamble be agreed (2) the first extension authorized under to, and the motions to reconsider be subsection (a) shall take effect on that expi- Mr. MCCONNELL. Mr. President, I ration. move to concur in the House amend- considered made and laid upon the table with no intervening action or de- The bill (S. 1142), as amended, was or- ment, and I ask unanimous consent dered to be engrossed for a third read- that the motion be agreed to and the bate. ing, was read the third time, and motions to reconsider be considered The PRESIDING OFFICER. Without passed, as follows: made and laid upon the table without objection, it is so ordered. S. 1142 intervening action or debate. The resolution (S. Res. 615) was Be it enacted by the Senate and House of Rep- The PRESIDING OFFICER. Without agreed to. resentatives of the United States of America in objection, it is so ordered. The preamble was agreed to. Congress assembled, f (The resolution, with its preamble, is SECTION 1. SHORT TITLE. printed in today’s RECORD under ‘‘Sub- VETERANS TREATMENT COURT This Act may be cited as the ‘‘J. Bennett mitted Resolutions.’’) Johnston Waterway Hydropower Extension IMPROVEMENT ACT OF 2018 Act of 2018’’. Mr. MCCONNELL. Mr. President, I f SEC. 2. EXTENSION. ask unanimous consent that the Sen- (a) IN GENERAL.—Notwithstanding the time ate proceed to the immediate consider- period specified in section 13 of the Federal ORDERS FOR THURSDAY, AUGUST ation of Calendar No. 466, H.R. 2147. Power Act (16 U.S.C. 806) that would other- 23, 2018 wise apply to Federal Energy Regulatory The PRESIDING OFFICER. The Commission project numbers 12756, 12757, and clerk will report the bill by title. Mr. MCCONNELL. Mr. President, I 12758, the Commission may, at the request of The senior assistant legislative clerk ask unanimous consent that when the the licensee for the applicable project, and read as follows: Senate completes its business today, it after reasonable notice, in accordance with A bill (H.R. 2147) to require the Secretary adjourn until 9:30 a.m., Thursday, Au- the good faith, due diligence, and public in- of Veterans Affairs to hire additional Vet- gust 23; further, that following the terest requirements of that section and the erans Justice Outreach Specialists to provide procedures of the Commission under that prayer and pledge, the morning hour be section, extend the time period during which treatment court services to justice-involved deemed expired, the Journal of pro- the licensee is required to commence the veterans, and for other purposes. ceedings be approved to date, the time construction of the applicable project for up There being no objection, the Senate for the two leaders be reserved for their to 3 consecutive 2-year periods from the date proceeded to consider the bill. use later in the day, and morning busi- of the expiration of the extension originally Mr. MCCONNELL. Mr. President, I ness be closed; and that following lead- issued by the Commission. ask unanimous consent that the bill be (b) REINSTATEMENT OF LICENSE.—If the er remarks, the Senate proceed to ex- time period required for commencement of considered read a third time and passed ecutive session and resume consider- construction of a project described in sub- and the motion to reconsider be consid- ation of the Johnson nomination. section (a) has expired prior to the date of ered made and laid upon the table. The PRESIDING OFFICER. Without enactment of this Act— The PRESIDING OFFICER. Without objection, it is so ordered. (1) the Commission may reinstate the li- objection, it is so ordered. cense for the applicable project effective as The bill (H.R. 2147) was ordered to a f of the date of the expiration of the license; third reading, was read the third time, and and passed. (2) the first extension authorized under ADJOURNMENT UNTIL 9:30 A.M. subsection (a) shall take effect on that expi- f TOMORROW ration. HONORING THE LIFE AND LEGACY Mr. MCCONNELL. Mr. President, if f OF ARETHA FRANKLIN there is no further business to come be- VETERANS PROVIDING HEALTH- Mr. MCCONNELL. Mr. President, I fore the Senate, I ask that it stand ad- CARE TRANSITION IMPROVE- ask unanimous consent that the Sen- journed under the previous order. MENT ACT ate proceed to the immediate consider- There being no objection, the Senate, Mr. MCCONNELL. Mr. President, I ation of S. Res. 615, submitted earlier at 6:59 p.m., adjourned until Thursday, ask that the Chair lay before the Sen- today. August 23, 2018 at 9:30 a.m.

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SENATE COMMITTEE MEETINGS MEETINGS SCHEDULED Committee on Health, Education, Labor, Title IV of Senate Resolution 4, and Pensions agreed to by the Senate of February 4, AUGUST 28 To hold an oversight hearing to examine the Food and Drug Administration, fo- 1977, calls for establishment of a sys- 2:30 p.m. cusing on leveraging cutting-edge tem for a computerized schedule of all Committee on Commerce, Science, and Transportation science and protecting public health. meetings and hearings of Senate com- SD–430 mittees, subcommittees, joint commit- Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard tees, and committees of conference. SEPTEMBER 5 This title requires all such committees To hold hearings to examine harmful algal blooms, focusing on the impact 9:30 a.m. to notify the Office of the Senate Daily on our nation’s waters. Conferees Digest—designated by the Rules Com- SR–253 Meeting of conferees on H.R. 2, to pro- mittee—of the time, place and purpose Committee on the Judiciary vide for the reform and continuation of of the meetings, when scheduled and Subcommittee on the Constitution agricultural and other programs of the any cancellations or changes in the To hold hearings to examine threats to Department of Agriculture through fis- meetings as they occur. religious liberty around the world. cal year 2023. As an additional procedure along SD–226 SR–325 with the computerization of this infor- 10 a.m. mation, the Office of the Senate Daily AUGUST 29 Committee on Foreign Relations Digest will prepare this information for 10 a.m. To hold hearings to examine the value of printing in the Extensions of Remarks Committee on Commerce, Science, and the North Atlantic Treaty Organiza- section of the CONGRESSIONAL RECORD Transportation tion alliance. on Monday and Wednesday of each Business meeting to consider pending SD–419 week. calendar business. Meetings scheduled for Thursday, SD–G50 August 23, 2018 may be found in the Daily Digest of today’s RECORD.

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

VerDate Sep 11 2014 00:13 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M22AU8.000 E22AUPT1 SSpencer on DSKBBXCHB2PROD with REMARKS Wednesday, August 22, 2018 Daily Digest Senate Veterans Treatment Court Improvement Act: Chamber Action Senate passed H.R. 2147, to require the Secretary of Routine Proceedings, pages S5791–S5869 Veterans Affairs to hire additional Veterans Justice Measures Introduced: Seven bills and four resolu- Outreach Specialists to provide treatment court serv- tions were introduced, as follows: S. 3362–3368, and ices to justice-involved veterans. Page S5869 S. Res. 612–615. Page S5831 Honoring the Life of Aretha Franklin: Senate Measures Reported: agreed to S. Res. 615, honoring the life and legacy Report to accompany S. 994, to amend title 18, of Aretha Franklin and the contributions of Aretha United States Code, to provide for the protection of Franklin to music, civil rights, and the City of De- community centers with religious affiliation. (S. troit. Page S5869 Rept. No. 115–325) Page S5830 Measures Considered: Measures Passed: Department of Defense Appropriations Act: Sen- ate continued consideration of H.R. 6157, making Anti-Terrorism Clarification Act: Senate passed appropriations for the Department of Defense for the S. 2946, to amend title 18, United States Code, to fiscal year ending September 30, 2019, taking action clarify the meaning of the terms ‘‘act of war’’ and on the following amendments proposed thereto: ‘‘blocked asset’’, after agreeing to the committee Pages S5793–S5818 amendment in the nature of a substitute. Pending: Pages S5864–65 Shelby Amendment No. 3695, in the nature of a Anwar Sadat Centennial Celebration Act: Com- substitute. Page S5793 mittee on Banking, Housing, and Urban Affairs was McConnell (for Shelby) Amendment No. 3699 (to discharged from further consideration of S. 266, to Amendment No. 3695), of a perfecting nature. award the Congressional Gold Medal to Anwar Sadat Page S5793 in recognition of his heroic achievements and coura- Leahy Amendment No. 3993 (to Amendment No. geous contributions to peace in the Middle East, and 3699), of a perfecting nature. Pages S5814–15 the bill was then passed. Pages S5865–66 House Messages: American Fisheries Advisory Committee Act: Veterans Providing Healthcare Transition Im- Senate passed S. 1322, to establish the American provement Act: Senate agreed to the motion to con- Fisheries Advisory Committee to assist in the award- cur in the amendments of the House to S. 899, to ing of fisheries research and development grants, amend title 5, United States Code, to ensure that after withdrawing the committee amendment in the the requirements that new Federal employees who nature of a substitute, and agreeing to the following are veterans with service-connected disabilities are amendment proposed thereto: Pages S5866–68 provided leave for purposes of undergoing medical McConnell (for Sullivan/Markey) Amendment No. treatment for such disabilities apply to certain em- 4001, in the nature of a substitute. Pages S5867–68 ployees of the Veterans Health Administration. J. Bennett Johnston Waterway Hydropower Ex- Page S5869 tension Act: Senate passed S. 1142, to extend the Johnson Nomination—Cloture: Senate began con- deadline for commencement of construction of cer- sideration of the nomination of Lynn A. Johnson, of tain hydroelectric projects, after withdrawing the Colorado, to be Assistant Secretary for Family Sup- committee amendment in the nature of a substitute, port, Department of Health and Human Services. and agreeing to the following amendment proposed Page S5818 thereto: Page S5868 A motion was entered to close further debate on McConnell (for Murkowski) Amendment No. the nomination, and, in accordance with the provi- 4002, in the nature of a substitute. Pages S5868–69 sions of Rule XXII of the Standing Rules of the D936

VerDate Sep 11 2014 04:55 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D22AU8.REC D22AUPT1 SSpencer on DSKBBXCHB2PROD with DIGEST August 22, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D937 Senate, a vote on cloture will occur upon disposition necticut, to be a Member of the Board of Governors of H.R. 6157, making appropriations for the Depart- of the Federal Reserve System. Page S5818 ment of Defense for the fiscal year ending September Prior to the consideration of this nomination, Sen- 30, 2019. Page S5818 ate took the following action: Prior to the consideration of this nomination, Sen- Senate agreed to the motion to proceed to Legisla- ate took the following action: tive Session. Page S5818 Senate agreed to the motion to proceed to Execu- Senate agreed to the motion to proceed to Execu- tive Session to consider the nomination. Page S5818 tive Session to consider the nomination. Page S5818 A unanimous-consent agreement was reached pro- Patelunas Nomination—Cloture: Senate began viding for further consideration of the nomination at consideration of the nomination of Isabel Marie approximately 9:30 a.m., on Thursday, August 23, Keenan Patelunas, of Pennsylvania, to be Assistant 2018. Page S5869 Secretary for Intelligence and Analysis, Department Clarida Nomination—Cloture: Senate began con- of the Treasury. Pages S5818–19 sideration of the nomination of Richard Clarida, of A motion was entered to close further debate on Connecticut, to be Vice Chairman of the Board of the nomination, and, in accordance with the provi- Governors of the Federal Reserve System. Page S5818 sions of Rule XXII of the Standing Rules of the A motion was entered to close further debate on Senate, a vote on cloture will occur upon disposition the nomination, and, in accordance with the provi- of the nomination of Joseph H. Hunt, of Maryland, sions of Rule XXII of the Standing Rules of the to be an Assistant Attorney General, Department of Senate, a vote on cloture will occur upon disposition Justice. Page S5819 of the nomination of Lynn A. Johnson, of Colorado, Prior to the consideration of this nomination, Sen- to be Assistant Secretary for Family Support, Depart- ate took the following action: ment of Health and Human Services. Page S5818 Senate agreed to the motion to proceed to Legisla- Prior to the consideration of this nomination, Sen- tive Session. Page S5819 ate took the following action: Senate agreed to the motion to proceed to Execu- Senate agreed to the motion to proceed to Legisla- tive Session to consider the nomination. Page S5819 tive Session. Page S5818 Moorer Nomination—Cloture: Senate began con- Senate agreed to the motion to proceed to Execu- sideration of the nomination of Terry Fitzgerald tive Session to consider the nomination. Page S5818 Moorer, to be United States District Judge for the Clarida Nomination—Cloture: Senate began con- Southern District of Alabama. Page S5819 sideration of the nomination of Richard Clarida, of A motion was entered to close further debate on Connecticut, to be a Member of the Board of Gov- the nomination, and, in accordance with the provi- ernors of the Federal Reserve System. Page S5818 sions of Rule XXII of the Standing Rules of the A motion was entered to close further debate on Senate, a vote on cloture will occur upon disposition the nomination, and, in accordance with the provi- of the nomination of Isabel Marie Keenan Patelunas, sions of Rule XXII of the Standing Rules of the of Pennsylvania, to be Assistant Secretary for Intel- Senate, a vote on cloture will occur upon disposition ligence and Analysis, Department of the Treasury. of the nomination of Richard Clarida, of Con- Page S5819 necticut, to be Vice Chairman of the Board of Gov- Prior to the consideration of this nomination, Sen- ernors of the Federal Reserve System. Page S5818 ate took the following action: Prior to the consideration of this nomination, Sen- Senate agreed to the motion to proceed to Legisla- ate took the following action: tive Session. Page S5819 Senate agreed to the motion to proceed to Legisla- Senate agreed to the motion to proceed to Execu- tive Session. Page S5818 tive Session to consider the nomination. Page S5819 Senate agreed to the motion to proceed to Execu- Baker Nomination—Cloture: Senate began consid- tive Session to consider the nomination. Page S5818 eration of the nomination of R. Stan Baker, to be Hunt Nomination—Cloture: Senate began con- United States District Judge for the Southern Dis- sideration of the nomination of Joseph H. Hunt, of trict of Georgia. Page S5819 Maryland, to be an Assistant Attorney General, De- A motion was entered to close further debate on partment of Justice. Page S5818 the nomination, and, in accordance with the provi- A motion was entered to close further debate on sions of Rule XXII of the Standing Rules of the the nomination, and, in accordance with the provi- Senate, a vote on cloture will occur upon disposition sions of Rule XXII of the Standing Rules of the of the nomination of Terry Fitzgerald Moorer, to be Senate, a vote on cloture will occur upon disposition United States District Judge for the Southern Dis- of the nomination of Richard Clarida, of Con- trict of Alabama. Page S5819

VerDate Sep 11 2014 04:55 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D22AU8.REC D22AUPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D938 CONGRESSIONAL RECORD — DAILY DIGEST August 22, 2018 Prior to the consideration of this nomination, Sen- Senate agreed to the motion to proceed to Execu- ate took the following action: tive Session to consider the nomination. Page S5820 Senate agreed to the motion to proceed to Legisla- Baxter Nomination—Cloture: Senate began con- tive Session. Page S5819 sideration of the nomination of Susan Paradise Bax- Senate agreed to the motion to proceed to Execu- ter, to be United States District Judge for the West- tive Session to consider the nomination. Page S5819 ern District of Pennsylvania. Page S5820 Goodwin Nomination—Cloture: Senate began A motion was entered to close further debate on consideration of the nomination of Charles Barnes the nomination, and, in accordance with the provi- Goodwin, to be United States District Judge for the sions of Rule XXII of the Standing Rules of the Western District of Oklahoma. Page S5819 Senate, a vote on cloture will occur upon disposition A motion was entered to close further debate on of the nomination of James R. Sweeney II, to be the nomination, and, in accordance with the provi- United States District Judge for the Southern Dis- sions of Rule XXII of the Standing Rules of the trict of Indiana. Page S5820 Senate, a vote on cloture will occur upon disposition Prior to the consideration of this nomination, Sen- of the nomination of R. Stan Baker, to be United ate took the following action: States District Judge for the Southern District of Senate agreed to the motion to proceed to Legisla- Georgia. Page S5819 tive Session. Page S5820 Prior to the consideration of this nomination, Sen- Senate agreed to the motion to proceed to Execu- ate took the following action: tive Session to consider the nomination. Page S5820 Senate agreed to the motion to proceed to Legisla- Horan Nomination—Cloture: Senate began consid- tive Session. Page S5819 eration of the nomination of Marilyn Jean Horan, to Senate agreed to the motion to proceed to Execu- be United States District Judge for the Western Dis- tive Session to consider the nomination. Page S5819 trict of Pennsylvania. Page S5820 Ashe Nomination—Cloture: Senate began consid- A motion was entered to close further debate on eration of the nomination of Barry W. Ashe, to be the nomination, and, in accordance with the provi- United States District Judge for the Eastern District sions of Rule XXII of the Standing Rules of the of Louisiana. Page S5819 Senate, a vote on cloture will occur upon disposition A motion was entered to close further debate on of the nomination of Susan Paradise Baxter, to be the nomination, and, in accordance with the provi- United States District Judge for the Western Dis- sions of Rule XXII of the Standing Rules of the trict of Pennsylvania. Page S5820 Senate, a vote on cloture will occur upon disposition Prior to the consideration of this nomination, Sen- of the nomination of Charles Barnes Goodwin, to be ate took the following action: United States District Judge for the Western Dis- Senate agreed to the motion to proceed to Legisla- trict of Oklahoma. Page S5819 tive Session. Page S5820 Prior to the consideration of this nomination, Sen- Senate agreed to the motion to proceed to Execu- ate took the following action: tive Session to consider the nomination. Page S5820 Senate agreed to the motion to proceed to Legisla- Jung Nomination—Cloture: Senate began consider- tive Session. Page S5819 ation of the nomination of William F. Jung, to be Senate agreed to the motion to proceed to Execu- United States District Judge for the Middle District tive Session to consider the nomination. Page S5819 of Florida. Page S5820 Sweeney Nomination—Cloture: Senate began con- A motion was entered to close further debate on sideration of the nomination of James R. Sweeney II, the nomination, and, in accordance with the provi- to be United States District Judge for the Southern sions of Rule XXII of the Standing Rules of the District of Indiana. Page S5820 Senate, a vote on cloture will occur upon disposition A motion was entered to close further debate on of the nomination of Marilyn Jean Horan, to be the nomination, and, in accordance with the provi- United States District Judge for the Western Dis- sions of Rule XXII of the Standing Rules of the trict of Pennsylvania. Page S5820 Senate, a vote on cloture will occur upon disposition Prior to the consideration of this nomination, Sen- of the nomination of Barry W. Ashe, to be United ate took the following action: States District Judge for the Eastern District of Lou- Senate agreed to the motion to proceed to Legisla- isiana. Page S5820 tive Session. Page S5820 Prior to the consideration of this nomination, Sen- Senate agreed to the motion to proceed to Execu- ate took the following action: tive Session to consider the nomination. Page S5820 Senate agreed to the motion to proceed to Legisla- Lanza Nomination—Cloture: Senate began consid- tive Session. Page S5820 eration of the nomination of Dominic W. Lanza, to

VerDate Sep 11 2014 04:55 Aug 23, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D22AU8.REC D22AUPT1 SSpencer on DSKBBXCHB2PROD with DIGEST August 22, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D939 be United States District Judge for the District of sions of Rule XXII of the Standing Rules of the Arizona. Page S5820 Senate, a vote on cloture will occur upon disposition A motion was entered to close further debate on of the nomination of Robert R. Summerhays, to be the nomination, and, in accordance with the provi- United States District Judge for the Western Dis- sions of Rule XXII of the Standing Rules of the trict of Louisiana. Page S5821 Senate, a vote on cloture will occur upon disposition Prior to the consideration of this nomination, Sen- of the nomination of William F. Jung, to be United ate took the following action: States District Judge for the Middle District of Flor- Senate agreed to the motion to proceed to Legisla- ida. Pages S5820–21 tive Session. Page S5821 Prior to the consideration of this nomination, Sen- Senate agreed to the motion to proceed to Execu- ate took the following action: tive Session to consider the nomination. Page S5821 Senate agreed to the motion to proceed to Legisla- Messages from the House: Page S5830 tive Session. Page S5821 Senate agreed to the motion to proceed to Execu- Executive Reports of Committees: Pages S5830–31 tive Session to consider the nomination. Page S5821 Additional Cosponsors: Pages S5831–33 Williams Nomination—Cloture: Senate began con- Statements on Introduced Bills/Resolutions: sideration of the nomination of Charles J. Williams, Pages S5833–35 to be United States District Judge for the Northern Additional Statements: Pages S5829–30 District of Iowa. Page S5821 A motion was entered to close further debate on Amendments Submitted: Pages S5835–64 the nomination, and, in accordance with the provi- Authorities for Committees to Meet: Page S5864 sions of Rule XXII of the Standing Rules of the Privileges of the Floor: Page S5864 Senate, a vote on cloture will occur upon disposition of the nomination of Dominic W. Lanza, to be Adjournment: Senate convened at 10 a.m. and ad- United States District Judge for the District of Ari- journed at 6:59 p.m., until 9:30 a.m. on Thursday, zona. Page S5821 August 23, 2018. (For Senate’s program, see the re- Prior to the consideration of this nomination, Sen- marks of the Majority Leader in today’s Record on ate took the following action: page S5869.) Senate agreed to the motion to proceed to Legisla- tive Session. Page S5821 Committee Meetings Senate agreed to the motion to proceed to Execu- tive Session to consider the nomination. Page S5821 (Committees not listed did not meet) Summerhays Nomination—Cloture: Senate began PUBLIC LANDS, FORESTS, AND MINING consideration of the nomination of Robert R. LEGISLATION Summerhays, to be United States District Judge for Committee on Energy and Natural Resources: Sub- the Western District of Louisiana. Page S5821 committee on Public Lands, Forests, and Mining A motion was entered to close further debate on concluded a hearing to examine S. 483, to designate the nomination, and, in accordance with the provi- and expand wilderness areas in Olympic National sions of Rule XXII of the Standing Rules of the Forest in the State of Washington, and to designate Senate, a vote on cloture will occur upon disposition certain rivers in Olympic National Forest and Olym- of the nomination of Charles J. Williams, to be pic National Park as wild and scenic rivers, S. 1572, United States District Judge for the Northern Dis- to amend the Mineral Leasing Act to provide that trict of Iowa. Page S5821 extraction of helium from gas produced under a Fed- Prior to the consideration of this nomination, Sen- eral mineral lease shall maintain the lease as if the ate took the following action: helium were oil and gas, S. 1787, to reauthorize the Senate agreed to the motion to proceed to Legisla- National Geologic Mapping Act of 1992, S. 1959, tive Session. Page S5821 to designate certain Federal land in the State of Cali- Senate agreed to the motion to proceed to Execu- fornia as wilderness, S. 2078, to maximize land man- tive Session to consider the nomination. Page S5821 agement efficiencies, promote land conservation, gen- Albright Nomination—Cloture: Senate began con- erate education funding, S. 2160, to establish a pilot sideration of the nomination of Alan D. Albright, to program under the Chief of the Forest Service may be United States District Judge for the Western Dis- use alternative dispute resolution in lieu of judicial trict of Texas. Page S5821 review of certain projects, S. 2297, to direct the Sec- A motion was entered to close further debate on retary of Agriculture to transfer certain National the nomination, and, in accordance with the provi- Forest System land to Custer County, South Dakota,

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S. 2721, to designate certain land in San Miguel, Rising Reinke, of Virginia, to be Ambassador to Ouray, and San Juan Counties, Colorado, as wilder- Montenegro, all of the Department of State, and a ness, to designate certain special management areas routine list in the Foreign Service. in the State of Colorado, S. 2809, to establish the San Rafael Swell Western Heritage and Historic NOMINATIONS Mining National Conservation Area in the State of Committee on Foreign Relations: Committee concluded Utah, to designate wilderness areas in the State, to a hearing to examine the nominations of Kevin K. provide for certain land conveyances, S. 2907, to Sullivan, of Ohio, to be Ambassador to the Republic provide for the withdrawal and protection of certain of Nicaragua, Francisco Luis Palmieri, of Con- Federal land in the State of New Mexico, S. 3245, necticut, to be Ambassador to the Republic of Hon- to require the Secretary of Agriculture to transfer duras, and Karen L. Williams, of Missouri, to be certain National Forest System land in the State of Ambassador to the Republic of Suriname, all of the Texas, S. 3297, to provide for the expansion of the Department of State, after the nominees testified and Desert Tortoise Habitat Conservation Plan, Wash- answered questions in their own behalf. ington County, Utah, S. 3325, to amend the Federal Land Policy and Management Act of 1976 to pro- NOMINATIONS vide for the eligibility of national grasslands for Committee on Homeland Security and Governmental Af- grazing leases and permits, and H.R. 2075, to adjust fairs: Committee concluded a hearing to examine the the eastern boundary of the Deschutes Canyon- nominations of William Bryan, of Virginia, to be Steelhead Falls and Deschutes Canyon Wilderness Under Secretary for Science and Technology, and Study Areas in the State of Oregon to facilitate fire Peter Gaynor, of Rhode Island, to be Deputy Ad- prevention and response activities to protect private ministrator, Federal Emergency Management Agen- property, after receiving testimony from Senator cy, who was introduced by Senator Reed, both of the Bennet; Glenn Casamassa, Associate Deputy Chief, Department of Homeland Security, after the nomi- National Forest System, Forest Service, Department nees testified and answered questions in their own of Agriculture; Christopher McAlear, Assistant Di- behalf. rector, National Conservation Lands and Community Partnerships, Bureau of Land Management, Depart- NATIVE LANGUAGES ment of the Interior; and Marilynne Keyser, Friends Committee on Indian Affairs: Committee concluded an and Neighbors of the Deschutes Canyon Area, oversight hearing to examine cultural sovereignty, Terrebonne, Oregon. focusing on efforts to maintain and revitalize Native NOMINATIONS languages for future generations, after receiving testi- Committee on Finance: Committee concluded a hearing mony from Jean Hovland, Commissioner, Adminis- to examine the nominations of Michael Faulkender, tration for Native Americans, Administration for of Maryland, to be an Assistant Secretary of the Children and Families, Department of Health and Treasury, and Elizabeth Darling, of Texas, to be Human Services; Jessie Little Doe Baird, Mashpee Commissioner on Children, Youth, and Families, Wampanoag Tribe, Mashpee, Massachusetts; Department of Health and Human Services, who was Namaka Rawlins, ‘Aha Punana Leo, Inc., Hilo, Ha- introduced by Senator Cornyn, after the nominees waii; Christine P. Sims, University of New Mexico testified and answered questions in their own behalf. American Indian Language Policy Research and Teacher Training Center, Albuquerque; and Lauren BUSINESS MEETING Hummingbird, Cherokee Nation, Tahlequah, Okla- Committee on Foreign Relations: Committee ordered fa- homa. vorably reported the nominations of Michael A. Hammer, of Maryland, to be Ambassador to the NOMINATIONS Democratic Republic of the Congo, John Cotton Committee on the Judiciary: Committee concluded a Richmond, of Virginia, to be Director of the Office hearing to examine the nominations of Jonathan A. to Monitor and Combat Trafficking, with the rank Kobes, of South Dakota, to be United States Circuit of Ambassador at Large, Stephanie Sanders Sullivan, Judge for the Eighth Circuit, who was introduced by of Maryland, to be Ambassador to the Republic of Senator Rounds, Kenneth D. Bell, to be United Ghana, Donald R. Tapia, of Arizona, to be Ambas- States District Judge for the Western District of sador to Jamaica, David Hale, of New Jersey, to be North Carolina, who was introduced by Senator an Under Secretary (Political Affairs), Dereck J. Burr, Carl J. Nichols, to be United States District Hogan, of Virginia, to be Ambassador to the Repub- Judge for the District of Columbia, and Martha lic of Moldova, Philip S. Kosnett, of Virginia, to be Maria Pacold, Mary M. Rowland, and Steven C. Ambassador to the Republic of Kosovo, and Judy Seeger, each to be a United States District Judge for

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, August 23 11:00 a.m., Friday, August 24

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Friday: House will meet in Pro Forma ses- ation of the nomination of Lynn A. Johnson, of Colorado, sion at 11 a.m. to be Assistant Secretary for Family Support, Department of Health and Human Services. Senate will vote on the motion to invoke cloture on Shelby Amendment No. 3695, to H.R. 6157, Depart- ment of Defense Appropriations Act, at 10:30 a.m.

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