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

Vol. 165 WASHINGTON, THURSDAY, JUNE 27, 2019 No. 109 Senate The Senate met at 9:30 a.m. and was Iowa and across the country and to rec- mater. He played for the University of called to order by the President pro ognize the cost to taxpayers because of Northern Iowa Panthers from 1985 to tempore (Mr. GRASSLEY). the care it takes in the last years of 1989. Nick went on to coach numerous f their lives. This disease robs Ameri- teams, including for Grand View Uni- cans of their memories and impacts versity in Des Moines. Nick knows how PRAYER their ability to speak, pay attention, to reignite hometown pride. He led the The Chaplain, Dr. Barry C. Black, of- and exercise judgment. first and only boys’ Class 3–A cham- fered the following prayer: The best way for Congress to help pionship for Kuemper Catholic High Let us pray. with Alzheimer’s disease is to ensure School in Carroll, IA. He is a class act. Eternal Lord, the center of our joy, adequate research funding to find Congratulations to Nick. we come to You, drawn by Your uncon- treatments. As Congress considers ap- I yield the floor. ditional love. Lord, give us reverential propriations for next year, we should I suggest the absence of a quorum. awe as You open our eyes to see Your continue to fund research and work to- The PRESIDING OFFICER. The power and majesty. ward curing this disease. clerk will call the roll. Help our lawmakers become aware of f The legislative clerk proceeded to Your presence, giving them Your peace FREEDOM OF INFORMATION ACT call the roll. and illuminating their paths. May they Mr. MCCONNELL. Mr. President, I Mr. GRASSLEY. Mr. President, on rejoice because You are their refuge. ask unanimous consent that the order another point, the Supreme Court Lord, bless their families, surrounding for the quorum call be rescinded. made a decision this week that I very them with the shield of Your favor. The PRESIDING OFFICER. Without much disagree with. I am an advocate Draw our Senators close to You and to objection, it is so ordered. for the Freedom of Information Act one another in humility and service. and for the public’s business being pub- f And, Lord, we thank You for the lic, and this Supreme Court decision faithfulness of the 2019 U.S. Senate RECOGNITION OF THE MAJORITY inhibited that. LEADER summer pages as they prepare to leave In a self-governed society, the people us. We pray that You would bless and ought to know what their government The PRESIDING OFFICER. The ma- keep them. Amen. is up to. Transparency laws, like the jority leader is recognized. f Freedom of Information Act, help to f PLEDGE OF ALLEGIANCE provide access to information in the BORDER SECURITY face of an opaque and obstinate govern- The President pro tempore led the ment. Unfortunately, a recent Supreme Mr. MCCONNELL. Mr. President, 8 Pledge of Allegiance, as follows: Court ruling and new regulations at weeks ago, the administration sent I pledge allegiance to the Flag of the the EPA and the Department of the In- Congress an urgent request for humani- United States of America, and to the Repub- terior are undermining access to there tarian money for the border. For 8 lic for which it stands, one nation under God, weeks, we have seen evidence nearly indivisible, with liberty and justice for all. being public information. In other words, the public’s business every day that the conditions have The PRESIDING OFFICER (Mr. ought to be public. So I am working on been getting worse. Yet, during all of TILLIS). The Senator from Iowa. legislation to address these develop- this time, our Democratic House col- Mr. GRASSLEY. Mr. President, I ask ments and to promote access to gov- leagues have been unable to produce a unanimous consent to speak for 90 sec- ernment records. Americans deserve an clean measure to provide this humani- onds as in morning business. accountable government, and trans- tarian funding with its having any The PRESIDING OFFICER. Without parency leads to accountability. chance of becoming law. objection, it is so ordered. The proposal they finally passed this f f week was way to the left of the main- TRIBUTE TO NICK NURSE stream. The President made it clear it ALZHEIMER’S AND BRAIN Mr. GRASSLEY. Mr. President, on a would earn a veto, not a signature. AWARENESS MONTH little lighter note, I am proud to say Even so, in an abundance of fairness, Mr. GRASSLEY. Mr. President, June that the NBA season concluded with a the Senate voted on Speaker PELOSI’s is Alzheimer’s and Brain Awareness University of Northern Iowa graduate’s effort—poison pill riders and all. It Month. being able to call himself a champion. earned just 37 votes. The House pro- It is important to recognize the im- The Toronto Raptors’ head coach, posal earned 37 votes here. Fortu- pact Alzheimer’s has on families in Nick Nurse, graduated from my alma nately, we do have a chance to make

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

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VerDate Sep 11 2014 23:35 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.000 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4588 CONGRESSIONAL RECORD — SENATE June 27, 2019 law this week on a hugely bipartisan Senate is not going to pass a border responsibility. For the 59th consecutive basis. funding bill that will cut the money for year, we will pass the National Defense The Senate advanced a clean, simple ICE and the Department of Defense. It Authorization Act. I hope and expect humanitarian funding bill yesterday by is not going to happen. We already we will do it by a wide, bipartisan mar- a huge margin. Thanks to Chairman have our compromise. The Shelby- gin. SHELBY and Senator LEAHY, this bipar- Leahy Senate bill is the only game in It would be difficult to overstate the tisan package sailed through the Ap- town. It is time to quit playing games. importance of this legislation to the propriations Committee 30 to 1, and it It is time to make it law. ongoing missions of our Nation’s men passed the full Senate yesterday—now I urge my colleagues across the Cap- and women in uniform. The NDAA is listen to this—84 to 8. We sent that itol to take up the clean, bipartisan simultaneously a target to guide the clean bill over to the House by a vote bill that the Senate passed 84 to 8 and, modernization of our all-volunteer of 84 to 8. The Shelby-Leahy legislation without any more unnecessary delays, force; a supply line to restore readiness has unified the Appropriations Com- send it on to President Trump for his and keep U.S. personnel equipped with mittee, and it has unified the Senate. signature. the most cutting-edge, lethal capabili- The administration would sign it into f ties; a promise of critical support serv- law. ices to military families; and a declara- So all that our House colleagues need TOBACCO-FREE YOUTH ACT tion to both our allies and adversaries to do to help the men, women, and chil- Mr. MCCONNELL. Mr. President, on of America’s strategic resolve. dren on the border this week is to pass another matter, just last month, I in- This year’s bill authorizes the invest- this unifying bipartisan bill and send it troduced legislation, along with my ments that will support all these bills to the President. For weeks, we have colleague from Virginia, Senator and a major pay raise for military per- heard our House Democratic colleagues KAINE, to address a serious and growing sonnel to boot. speaking a lot about the poor condi- public health issue. As Senator KAINE I am especially proud that it sup- tions, the overstretched facilities, the and I laid out in May, the growing pop- ports the ongoing missions of Ken- insufficient supplies. Our bill gives ularity and accessibility of tobacco tucky’s installations and the many them the chance today to actually do products like e-cigarettes and vapor military families who call my State something about it. products are endangering America’s home. Now, I understand that instead of youth. The NDAA is a product of a robust, moving forward with this bipartisan The CDC estimates that in 2018 youth bipartisan process that has consumed bill, the Speaker is signaling she may e-cigarette use in America increased by our colleagues on the Armed Services choose to drag out the process even 1.5 million. So we introduced legisla- Committee for weeks. Nearly 300 more and might persist in some variety tion that would accomplish something amendments were adopted during of the leftwing demands that caused very important—raising the minimum markup. So today, once again, I would the House bill to fail dramatically in age for purchasing tobacco and vapor like to thank Chairman INHOFE and the Senate yesterday. I understand products to 21 nationwide. We want to Ranking Member REED for their leader- that some of the further changes the put a huge dent in these pathways to ship throughout this process. They pro- House Democrats are discussing may childhood addiction and help get these duced legislation that each Member of be unobjectionable things the Trump products out of high schools alto- this body should be proud of. Particu- administration may be able to help to gether. larly in these troubled times, this is secure for them administratively. Now, as a Virginian and a Ken- exactly—exactly—the message the Yet it is crystal clear that some of tuckian, neither Senator KAINE nor I Senate needs to send. I look forward to these new demands would drag this bi- lack an appreciation for the history of passing it today. partisan bill way back to the left and tobacco in America. For generations, Passing the NDAA itself is not the jeopardize the Shelby-Leahy consensus this hugely important cash crop helped only important message the Senate product that unified the Senate and to build our States and, indeed, the will send this week on national secu- that is so close to becoming law—this whole Nation’s early prosperity. Yet rity. On Friday morning, we will vote close. new doors are open today to Ken- on a badly ill-conceived amendment For example, I understand that the tucky’s growers and producers, and that would literally make our Nation House Democrats may ask the Speaker parents back home are rightly worried less secure and make American serv- to insist on—listen to this—cutting the that e-cigarettes and vapor products icemembers less safe. I respect my col- supplemental funding for Immigration pose new threats to the young people leagues, but this amendment from Sen- and Customs Enforcement and the De- at a critical stage in their develop- ator UDALL and others is a half-baked partment of Defense. In the middle of ments. and dangerous measure—about as half- this historic surge on the border, they So I was proud to take the lead on baked and dangerous as we have seen want to claw back some of this badly this, and I am proud my colleague from on the floor in quite some time. It needed money from the men and Virginia has joined me in leading this should be soundly rejected. women who are down there on the effort to give this cause the strong bi- We know that our Democratic col- frontlines. It looks like these cuts partisan momentum it richly deserves. leagues have political differences with would represent pay cuts to ICE staff, Our measure cleared an important President Trump—I think the whole including pay that people have already milestone yesterday. The HELP Com- country has gotten that message pret- earned, and cuts to the money for in- mittee approved our Tobacco-Free ty loud and clear—but they have cho- vestigating child trafficking. Youth Act and advanced it here, to the sen a terrible time and a completely ir- Chairman SHELBY and Senator LEAHY floor, along with other legislation. responsible manner to express them- have already reached a bipartisan I thank Chairman ALEXANDER, Rank- selves. Rather than work with the agreement. Both sides have already ing Member MURRAY, and all of our col- President, who shares the goal of compromised. We are standing at the 5- leagues on the committee for including avoiding war with Iran, they have gra- yard line. Yet, apparently, some in the our legislation in this package and ad- tuitously chosen to make him the House want to dig back into that vancing it. I look forward to con- enemy. ‘‘abolish ICE’’ playbook and throw a tinuing to work with them, with Sen- Let me repeat that. Rather than far-left partisan wrench into the whole ator KAINE, and with all of our col- work with the President to deter our thing. leagues as we work to get this impor- actual enemies, they have chosen to Let me be perfectly clear. I am glad tant proposal signed into law. make him the enemy. the Speaker and the administration are f At the very moment that Iran has discussing some of these outstanding been stepping up its aggression issues, but if the House Democrats send NATIONAL DEFENSE throughout the Middle East, these Sen- the Senate back some partisan effort Mr. MCCONNELL. Mr. President, on ators are proposing radical new restric- to disrupt our bipartisan progress, we another matter entirely, later today, tions on the administration’s ability to will simply move to table it. The U.S. the Senate will vote to fulfill a solemn defend U.S. interests and our partners.

VerDate Sep 11 2014 23:35 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.002 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4589 The Udall amendment would require poses that President Trump should be ORDER OF BUSINESS the administration to secure explicit stripped of the basic powers of his of- Mr. MCCONNELL. Mr. President, I authorization from Congress before our fice unless Democrats in Congress ask unanimous consent that the vote forces would be able to respond to all write him a permission slip. I don’t scheduled for noon today be at 11:45. kinds of potential Iranian attacks. think so. The PRESIDING OFFICER. Is there That would include attacks on Amer- This would be a terrible idea at any objection? ican civilians. moment, let alone as Iran is escalating Without objection, it is so ordered. Let me say that again. Some of our its violence and searching for any sign RECOGNITION OF THE MINORITY LEADER colleagues want us to go out of our way of American weakness. The PRESIDING OFFICER. The and create a brandnew obstacle that So I would ask my colleagues: Do not Democratic leader is recognized. would block the President from swiftly embolden Iran. Do not weaken our de- S. 1790 responding if Iran attacks American ci- terrence. Do not undermine our diplo- Mr. SCHUMER. Mr. President, as the vilians, our U.S. diplomatic facilities, macy. Do not tie the hands of our mili- leader and I announced yesterday, we or Israel, or the military forces of an tary commanders. Reject this dan- have an agreement in place to vote on ally or partner, or if Iran closes the gerous mistake when we vote on the passage of the Defense authorization Strait of Hormuz. In all of these sce- Udall amendment tomorrow. bill today and then on an amendment narios, the Udall amendment would f to the bill tomorrow, led by Senators hamstring the executive branch from UDALL, KAINE, MERKLEY, MURPHY, RESERVATION OF LEADER TIME reacting quickly. In modern warfare, PAUL, and LEE, to accommodate all time is of the essence. The War Powers The PRESIDING OFFICER. Under Senators who wish to vote. That is why Resolution explicitly recognizes the re- the previous order, the leadership time we are doing it tomorrow. If the Udall ality that administrations may need to is reserved. amendment is passed, it would be respond quickly and with flexibility. f adopted to the Defense authorization This amendment could even con- CONCLUSION OF MORNING bill even though the vote occurs after- strain our military from acting to pre- BUSINESS ward. vent an imminent attack. As written, I want to thank the leader for under- it appears to suggest they must absorb The PRESIDING OFFICER. Morning standing our position that the Senate the attack, take the attack first before business is closed. ought to vote on this important defending themselves. And even then, f amendment, which in essence would for how long would they be allowed to NATIONAL DEFENSE AUTHORIZA- prohibit funds for hostilities with Iran conduct retaliatory strikes? Com- TION ACT FOR FISCAL YEAR without an affirmative authorization pletely absurd. Totally dangerous. 2020—Resumed from Congress. Congress gets to ap- Let’s take an example. Iran attacks prove or disapprove wars, period. It is Israel. No timely response from the The PRESIDING OFFICER. Under crucial for the Senate and Congress as United States, especially if Congress the previous order, the Senate will re- a whole to examine potential conflicts happens to be on recess. Iran attacks sume consideration of S. 1790, which and to exercise our authority in mat- American citizens. The President’s the clerk will report. ters of war and peace. hands would be tied. This is never how The legislative clerk read as follows: Let’s start with the facts. Ever since the American Presidency has worked, A bill (S. 1790) to authorize appropriations President Trump withdrew from the for a very good reason. for fiscal year 2020 for military activities of Iran nuclear deal, our two countries So I would ask my colleagues to stop the Department of Defense, for military con- have been on a path toward conflict. struction, and for defense activities of the obsessing about Donald Trump for a Department of Energy, to prescribe military For the past month, we have been moment and think about a scenario in- personnel strengths for such fiscal year, and locked in a cycle of escalating tensions volving a future or past President. Hy- for other purposes. with Iran. Iran attacked a tanker in pothetically, then, would it be appro- Pending: the Gulf region and shot down a U.S. priate for Congress to tie a President’s McConnell (for Inhofe) modified amend- surveillance drone. The U.S. Govern- hands with legislation preventing mili- ment No. 764, in the nature of a substitute. ment has responded to both provo- tary action to defend NATO allies from McConnell (for Romney) amendment No. cations, and the President reportedly a Russian attack without explicit con- 861 (to amendment No. 764), to provide that considered and then pulled back on a gressional approval? If conflict came in funds authorized by the Act are available for military strike. August and the United States and its the defense of the Armed Forces and United The American people are worried— NATO allies didn’t act decisively, States citizens against attack by foreign and rightly so—that even if the Presi- frontline states could be gobbled up be- hostile forces. dent isn’t eager for war, he may bum- McConnell amendment No. 862 (to amend- ble us into one. Small provocations in fore Congress could even convene to ment No. 861), to change the enactment date. consider an AUMF. McConnell amendment No. 863 (to the lan- the Middle East can often spin out of The Udall amendment would rep- guage proposed to be stricken by amendment control. Our country has learned that resent a huge departure from the basic No. 764), to change the enactment date. the hard way. When the President is flexibility that Presidents in both par- McConnell amendment No. 864 (to amend- surrounded by hawkish advisers like ties have always had to take imme- ment No. 863), of a perfecting nature. John Bolton and Secretary Pompeo, diate military steps, short of a full- McConnell motion to recommit the bill to the danger is even more acute. scale war, to respond to immediate cri- the Committee on Armed Services, with in- So while the majority leader says structions, McConnell amendment No. 865, to that ‘‘no one is talking about war,’’ ses. change the enactment date. This ploy is being advertised as some McConnell amendment No. 866 (to (the in- that is only true until the folks do kind of courageous reassertion by Con- structions) amendment No. 865), of a per- start talking about war, and by then, gress of our constitutional authority, fecting nature. the chance to clarify that this Presi- but it is nothing of the sort. It is a de- McConnell amendment No. 867 (to amend- dent requires congressional authoriza- parture from our constitutional tradi- ment No. 866), of a perfecting nature. tion before engaging in major hos- tions and norms. Mr. MCCONNELL. Mr. President, I tilities may have passed us by. Nobody is talking about a full-scale suggest the absence of a quorum. And this not talking about war? war with Iran—not the President; not The PRESIDING OFFICER. The Well, the President said he was 10 min- the administration. Heaven forbid, if clerk will call the roll. utes away from major provocation, if that situation were to arrive, consulta- The legislative clerk proceeded to the reports are correct. It would have tion with Congress and widespread pub- call the roll. been on Iranian soil, three missile lic support would, of course, be nec- Mr. MCCONNELL. Mr. President, I bases. And the President at one point essary. The Udall amendment is some- ask unanimous consent that the order said, in effect: We will smash Iran, thing completely different. It defines for the quorum call be rescinded. blow it to smithereens—or something self-defense in a laughably narrow way The PRESIDING OFFICER. Without to that effect. People are talking about and then in all other situations pro- objection, it is so ordered. war. This President is.

VerDate Sep 11 2014 23:35 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.003 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4590 CONGRESSIONAL RECORD — SENATE June 27, 2019 Even though it is plainly written in The Udall amendment would mark Afghanistan, Bahrain, Qatar, and else- the Constitution that the legislature the beginning of Congress reasserting where. That is because we will be vot- alone, not the Executive, has the power its constitutional powers. I strongly ing tomorrow morning on an amend- to declare war, the Trump administra- urge my colleagues on both sides of the ment that says, very simply: ‘‘No funds tion is already signaling that it doesn’t aisle to vote yes tomorrow. may be used to conduct hostilities need Congress. The President and his G20 ECONOMIC SUMMIT against the Government of Iran, team are playing up links between al- Mr. President, President Trump has against the Armed Forces of Iran, or in Qaida and Iran, potentially setting the arrived at the G20 economic summit in the territory of Iran, except pursuant stage for them to claim legal authority Japan before traveling for a state visit to an Act or a joint resolution of Con- under the sweeping 2001 authorization in South Korea. Already, the President gress specifically authorizing such hos- of military force to strike Iran without has managed to insult our long- tilities.’’ congressional approval. standing allies, including Germany and That amendment is simple—I would The President himself, asked if he be- Japan, the host nation. say simple-minded—but it is simply an lieves he has the authority to initiate Rather than undermining our alli- act of appeasement against the Aya- military action against Iran without ances, here are two important things tollahs who are currently conducting first going to Congress, replied, ‘‘I do.’’ the President should do at the G20: attacks against the United States and He continued, ‘‘I do like keeping Con- First, Russia and Vladimir Putin. our interests on a regular and growing gress abreast, but I don’t have to do it When President Trump sits down with basis. legally.’’ the Russian President, he must send an Let’s just take a case in point. The So when it comes to a potential war unmistakable warning that the United earlier version of this amendment in- with Iran, Mr. President Trump, yes, States will not tolerate foreign inter- cluded no exception—no exception you do. You do. You do. ference in our elections in 2020. Presi- whatsoever—for our troops to defend The Founding Fathers—our greatest dent Trump has no excuse. The Mueller themselves against an attack by Iran. wisdom in this country—worried about report, FBI Director Wray, virtually You might say that is a careless omis- housing war powers in the executive our entire intelligence community con- sion. I would, however, say that even branch for precisely this reason. cluded that Russia was guilty of inter- the fact that it was changed after I As James Madison wrote to Jeffer- fering in our elections and that 2020 pointed out that omission just goes to son, who was not there when they were would be the next big show. show you that the root of this amend- writing the Constitution—he was pleni- President Trump has a responsibility ment is Trump derangement syndrome. potentiary to France—here is what to defend the United States. By di- It does have an exception now. Let’s Madison wrote to Jefferson: rectly challenging Putin, he will send a look at that: ‘‘Nothing can be con- The constitution supposes, what the His- signal not merely to Putin but to all of strued to restrict the use of the United tory of all Governments demonstrates, that our adversaries that interfering with States Armed Forces to defend’’—to de- the Executive is the branch of power most our election is unacceptable and that fend—‘‘against an attack upon the interested in war, and most prone to it. It has accordingly, with studied care, vested they will pay a price—a strong price— United States, its territories or posses- the question of war to the Legislature. for trying. sions, or its Armed Forces.’’ Second, China and President Xi. Now What does that mean? What does it That is Madison, who put more into that trade negotiations between our mean to defend against an attack? I this Constitution than anyone else. Let me read it again. It is clear as a countries seemed to have stalled, there don’t know. I am not sure. If an F–15 bell. Madison wrote to Jefferson: is a chance to put them back on track. pilot is shot upon in international air- For that to happen, the President must space, I guess he can deploy counter- The constitution supposes, what the His- tory of all Governments demonstrates, that remain strong. He cannot go soft now measures—chaff—to disrupt the mis- the Executive is the branch of power most and accept a bad deal that falls short of sile. Can he shoot back? Can he shoot interested in war, and most prone to it. It reforming China’s rapacious economic back at the Iranian missile battery has accordingly, with studied care, vested policies—cyber espionage, forced tech- that shot at him? the question of war to the Legislature. nology transfers, state-sponsorship, Let’s say our troops who are garri- there were ever a President who fits and, worst of all, denial of market ac- soned in places like Iraq and Syria that description, it is Donald Trump. cess. have incoming mortar fire by an Ira- The Framers worried about an over- President Trump, you know it. We nian proxy militia. I guess they can reaching Executive waging unilateral have talked about it. You have a once- duck and cover in a concrete bunker. I war. My colleagues know well that we in-a-generation opportunity to reform guess that is defense. Can they use haven’t had an overreaching Executive China’s economic relations with the counterbattery fire to shoot back at like the one we have now for quite world and put American businesses and that mortar firing position? I don’t some time, if ever. So if it comes to it, American workers on a level playing know. I don’t know. Can they? Beats we should expect the President to chal- field. Stay tough. Don’t give in. Make me. lenge Congress’s war powers. He has sure Huawei cannot come to the United We have thousands of troops sta- basically already told us that he would. States and we cannot supply it. Enough tioned at Al Udeid Air Base, the main So my colleagues should vote to with the criticism for our allies. Aim it airbase from which we conducted oper- strengthen our ability to oversee this at our adversaries, China and Russia, ations against the Islamic State. Let’s President’s strategy with Iran. That is and you will have a much better say they have a missile coming in. I what the bipartisan Udall amendment chance of making the G20 a success for guess they can use a patriot missile de- would do—nothing more. There has American interests. fense system to shoot that missile been some fearmongering about how I yield the floor. down. Can they fire back at the missile the amendment might tie the hands of The PRESIDING OFFICER (Mrs. battery that shot that missile, which our military. It would not. It is explic- HYDE-SMITH). The Senator from Arkan- has many more to fire? I don’t know. itly written that in no way should it be sas is recognized. Can they? It seems like offense to me. construed to prevent the U.S. military S. 1790 Maybe it is defense. from responding to an act of aggression Mr. COTTON. Madam President, to- Let’s take a page from history. In or from acting in self-defense. morrow morning the Senate will vote 1988, Ronald Reagan authorized one of It is high time that Congress reestab- on whether to disarm our troops as the largest naval engagements since lish itself as this Nation’s decider of they face a growing campaign of Ira- World War II in response to the exact war and peace. We have been content nian aggression in the Middle East. To- kinds of attacks against commercial too long to let the Executive take all morrow morning the Senate will vote shipping and the U.S. Navy on the high of the initiatives and responsibility for on whether to empower the Ayatollahs seas that we have seen from Iran in the military action abroad. The American as they continue to rampage across the last 2 weeks. However, that operation people are weary of the endless con- Middle East, attacking U.S. aircraft, didn’t commence for 4 days; it was 4 flicts in the Middle East and the loss of attacking ships in the high seas, days after a U.S. Navy frigate hit one American lives and American treasure. threatening our troops in Iraq, Syria, of the Iranian mines before we struck

VerDate Sep 11 2014 23:35 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.005 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4591 back. Is that in defense against an Ira- will generate intense controversy in Democratic example, Bill Clinton nian attack? It doesn’t seem that it our country. It will only embolden didn’t start a war when he struck Iraq would be, to me. I don’t know. them further to march up that in 1993 and 1998. What we are debating here is how escalatory ladder and threaten Amer- This amendment purports to tie the many lawyers can dance on a head of a ican lives. It is a hall pass for Iranian hands of the Commander in Chief rel- pin when our soldiers are in harm’s escalation, really. ative only to a single nation, which way. They need to know that when Look, there is no amendment, no bill, just so happens to be the nation that they are shot upon, they can fire back, no paper resolution that can change just shot down an American aircraft. and they can eliminate that threat the iron laws of geopolitics. Strength The only result that will come of this without any politician in Washington deters and weakness provokes. Wars amendment passing will be to em- or any lawyer at the Department of De- are not won by paper resolutions. They bolden the Ayatollahs and make more fense looking over their shoulders and are won by iron resolution. But this likely that which its proponents wish second-guessing them. That is not amendment embodies irresolution, to avoid. what they get from this amendment, weakness, timidity, diffidence. I urge all of my colleagues to see the though. This Congress on a good day can re- reality of this amendment and to vote Consider also the consequences. name a post office, and that is only no tomorrow morning. Many of the speakers today will say after months and months of debate I yield the floor. this is about deescalating tension in about the post office. Are you telling The PRESIDING OFFICER. The Sen- the Middle East—deescalating. Who is me—are you telling me that if Iran ator from Virginia. escalating it? Who is the one firing on shoots down an American aircraft or Mr. KAINE. Madam President, I rise American aircraft? Not Donald Trump. continues attacks on partners like the to speak in favor of the Udall amend- Who is interfering with the freedom of United Arab Emirates, then this Con- ment, a bipartisan amendment. I am a navigation on the high seas? It is not gress in a matter of minutes and hours proud Virginian. The Commonwealth of Donald Trump; it is the Ayatollahs. is going to pass a resolution author- Virginia is more connected to the Na- They are the ones who have manufac- izing the use of force to respond to that tion’s military service by our map, by tured this crisis because they know kind of provocation? Please. the installations in Virginia, and by that the United States is on the stra- There is a reason we have one Com- personnel than any other State, and I tegic offensive and that we have the mander in Chief, not 535 commanders am the proud father of a U.S. marine. initiative against Iran for the first in chief—or, I say again, 535 battalion I love serving with my colleagues on time in 40 years. commanders, the level at which some the Foreign Relations and Armed Serv- This amendment, though, would only of these decisions ought to be made. ices Committees. embolden them to continue the cam- Think about the kind of debates we Tomorrow we are going to vote on a paign of the last 2 months of gradually have, the know-nothings we have seen question that cannot be more funda- marching up the escalatory ladder. It here in Washington over the last cou- mental: Can President Trump take us started with threats. Then it was an at- ple of weeks who would say: Oh, it to war with Iran without coming to tack on foreign vessels at port. Then it wasn’t Iran that made the attack. OK, Congress for authorization? That is the was an attack on foreign vessels on the it was Iran, but maybe it wasn’t au- question. Can President Trump take us high seas. Then it was an attack on an thorized by the senior leadership of to war with Iran without coming to unmanned American aircraft. Next it Iran. OK, it was authorized, but it Congress for authorization? This is a might be an attack on a manned Amer- didn’t really do that much damage. It matter of the utmost importance for ican aircraft or a U.S. ship. And the is kind of like the old line of: It is not this body, for the American public, and message we are going to send is this: my dog. He didn’t bite you. You kicked for our troops. Americans, especially Well, the Congress thinks that the him first. That is what that debate those who have family serving in the Commander in Chief and, for that mat- would devolve into while our troops are military—and many of those families ter, battalion commanders on the at risk. have seen their loved ones deployed ground don’t have the authority and This is a terrible amendment. It will multiple times since 2001—want to the flexibility they need to take the do nothing but put more American know what each Senator thinks about appropriate response, as opposed to lives at risk and imperil our interests this important question. cowering inside bunkers and using and our partners throughout the re- The Udall amendment to the NDAA, some defensive measures. gion. which has bipartisan sponsorship, is Let’s also think about the language I know that the minority leader said very simple. It states that no funds of this amendment. A lot of people are earlier that he is worried about the will be expended in a war with Iran or going to come here and say that this is President bumbling into war. He said it on Iranian soil, except in self-defense, about our constitutional authority, last week on TV too. Nations don’t unless Congress takes the affirmative and we need to reclaim our authority, bumble into war. step of specifically authorizing those and we have given up too much author- He and others have raised the pros- hostilities. ity to the executive branch. In a lot of pect of endless wars, the wars we have My colleague from Arkansas talked instances I would agree with that. But been fighting in Iraq and Afghanistan. about lawyers dancing on the head of a this amendment is only about Iran. It They are long, and we have made lots pin, as he tried to suggest that ‘‘self- is not about China; it is not about Rus- of twists and turns on the way. But defense’’ was not a clearly defined sia—even though this President has let’s not forget that many of the Demo- term. I think most of my colleagues forced our Democratic friends to fi- crats in this Chamber voted to author- who read the language will believe it is nally discover their inner cold warrior. ize those wars. We didn’t bumble into incredibly clear; the President has the This is only about Iran in the context those. They were considered, deliberate power to defend the Nation from an im- of Iran shooting down an American air- decisions. minent attack or ongoing attack with- craft just a week ago. What better mes- President Trump said just a couple out asking anyone for permission. That sage can you send that this is not days ago that he is not talking about is specifically stated in our resolution. about our constitutional authority? that kind of operation. He is talking There is no confusion about it. There is This is about trying to tie the hands of about the exact kind of thing that Ron- no attempt to limit a President’s a Commander in Chief whom they dis- ald Reagan did in response to Iranian power to defend the Nation, but if the like at a time when a foreign nation is aggression on the high seas. That President decides that we need to go on targeting our aircraft and our service- didn’t start a war. Ronald Reagan an offensive war against a sovereign members. didn’t start a war when he retaliated country, this amendment would sug- This amendment would be a loud and against Libya for acts of terrorism gest he could not do so unless he came clear message to the Ayatollahs that against our troops in 1986. Donald to Congress. we will not strike back, that they can Trump didn’t start a war when he Those voting for this amendment will escalate even further, and that there struck Syria in 2017 and 2018 for gas- say clearly that no war should be start- will not be swift reprisal. If there is, it sing its own people. If you want a ed unless Congress votes for it. Those

VerDate Sep 11 2014 23:35 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.007 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4592 CONGRESSIONAL RECORD — SENATE June 27, 2019 opposing the amendment will say Why is this debate important right broken promise by this President. Just clearly that it is OK for the President now? We are in the middle of discussing as he said that Mexico would pay for a to go to war against Iran whenever and the National Defense Authorizing Act, border wall, just as he promised not to for whatever reason on his own. but I also want to point out two very cut the Medicaid Program before sup- Those who vote against this amend- important things, one an event and one porting an effort to eliminate the Af- ment, in my view, are essentially giv- a statement that may have occurred in fordable Care Act and slash Medicaid, ing the President a green light to wage the last week, since many of us took the President criticized the Iraq war as war anywhere, against anyone, on his the floor last Wednesday. a candidate and said he would end wars own. That is not a power we should On Thursday, a week ago today, in the Middle East, not expand or mul- give to this President or any President. President Trump ordered and then tiply them. I believe, in my 61⁄2 years in the Senate, called off a missile strike against Ira- I will give my colleague from Arkan- there has only been one vote as serious nian territory that would have been sas credit for having the courage of his as the vote we will cast tomorrow the start of a shooting war with Iran. convictions to come and state what he morning. It was a missile strike in the sovereign has stated on the floor. There are some Why do I believe war should not be nation of Iran. Our military and all in this body and the administration started without a vote of Congress? reasonable people understood that who have argued that a war with Iran The Democratic leader outlined the would have been responded to. So we would be a good thing or a necessary clear constitutional history in this re- were within 10 minutes. President thing. Some have even suggested it gard. It is Congress that declares war. Trump says he called off the strike on would be an easy win. Let them come The history and context of that provi- Iran with 10 minutes to spare. to the floor of the Senate and make sion in article I is very plain. At that We were within 10 minutes a week that argument in full view of the time in the world, in 1787, war was for ago of being in a war. American public and let Congress de- the Executive. It was for the King, the The second thing that happened is, a bate and vote and then be held ac- Emperor, the Monarch, the Sultan, the few days ago, the President gave an ex- countable for decisions we make about Pope, but the drafters of the American clusive interview to The Hill saying: ‘‘I war. Constitution wanted to dramatically do not need congressional approval to As I conclude, I thank the majority change history in this Nation and say strike Iran.’’ leader for scheduling this vote, and I that war for the United States of Congress is irrelevant. I don’t need to especially thank the Democratic leader America should be a matter not for the come to Congress. for firmly insisting it must be held. To- Executive to declare but, instead, for The quote that the Democratic lead- morrow we will all speak to a funda- the peoples’ elected legislative body to er mentioned a few minutes earlier was mental question about war but also declare. that the President said: It is good to about this institution: Can President Once declared, the President, as Com- keep them abreast of the situation, but Trump take us to war with Iran with- mander in Chief, needs to be that com- I am not legally required to do so. out even coming to Congress? mander. I agree with my colleague How insulting for the President, who I hope my colleagues will stand for from Arkansas. You don’t need 535 pledged at his inauguration to defend the Constitution. We must provide as- commanders, but it is not up to the and support the Constitution, to not surance to our citizens, and we espe- President to initiate or declare war, recognize that the article I branch— cially must provide assurance to our constitutionally; it is clearly up to and we are the article I branch for a troops, that war is not based on the Congress. reason—must not be just consulted whim of this President or the whim of The reason we should vote for this with but be on board with any wars ex- any President, but it must be based in- isn’t just because of the constitutional pressed by their vote. stead on a clear vote, following public provision. It is the value that underlies This President is holding the article debate by the peoples’ elected legisla- the constitutional provision. Why did I branch in contempt. Will we grovel ture. the Framers put the question of war as and accept that monumental disrespect With that, I yield the floor. a matter for the legislature? A congres- or will we insist that the President The PRESIDING OFFICER. The Sen- sional debate and vote is what is nec- must follow the law? ator from New Mexico. essary for the American public and For the record, I believe a war with Mr. UDALL. Madam President, I very Congress to fully understand the Iran would be a colossal mistake. Its much appreciate being joined on the stakes, to explain to the public and cause would be laid significantly at our floor by Senator KAINE and Senator educate them why war is necessary— feet by the United States and the MERKLEY. I appreciate Senator KAINE’s and especially, and most importantly, Trump administration tearing up a dip- very wise words. I think all of us are the debate and the vote by the legisla- lomatic deal, tearing it up over the ob- here standing up to hold the President tive body is the evidence of support for jections or over the recommendations accountable. We believe he should fol- the mission that American troops de- of the then-Secretary of State, Sec- low and obey the Constitution. serve if they are going to be sent into retary of Defense, National Security I rise to call upon this body to do its harm’s way where they could be killed Advisor, Joint Chiefs of Staff, tearing duty, to assume its constitutional re- or injured or see their friends killed or it up over the recommendations of our sponsibility, and to make it clear that injured. allies, tearing it up over the rec- the President cannot wage war against I believe it is the height of public im- ommendations of the International Iran without congressional authoriza- morality. There could be nothing more Atomic Energy Agency. We tore up a tion. Whether you are in favor of giv- immoral in the public space than to diplomatic deal and raised the risk of ing the President that authorization or order our troops into harm’s way, an unnecessary war; that would be cat- whether, like me, you are opposed, ev- where they would risk injury and death astrophic. eryone in this Chamber should vote in if Congress is unwilling to consider and After 18 years of two wars in the Mid- favor of our bipartisan amendment be- debate and vote on whether a war is in dle East, where we still have troops de- cause a vote in favor is a vote to fulfill the national interest. ployed, we should not be fomenting, en- our sworn oath to uphold the Constitu- You have to go risk your life, you couraging, blundering toward rushing tion. I appreciate that at long last the have to go be with others and poten- into a third war in the Middle East. It Senate will finally have this debate; tially be injured or killed, but we don’t would suck lives and resources away that we will finally take this vote be- want to have to vote on it. Could any- from more pressing priorities of our cause these matters of war and peace thing be more immoral than that? citizens. Bogging ourselves down in an- are among the most consequential re- What this provision does is say that if other war against a smaller, weaker, sponsibilities that fall to Congress. we are going to be at war with Iran faraway nation would divert our atten- These are the hard votes, and we must and, by example, with any nation, Con- tion from acting firmly to counter our step up to take them. gress should have the guts and back- chief competitor, China. I am proud to partner with Senators bone to come and cast a vote before we Furthermore, another war in the KAINE, PAUL, MERKLEY, DURBIN, MUR- order our troops into harm’s way. Middle East would represent another PHY, and LEE in this effort and to call

VerDate Sep 11 2014 23:35 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.008 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4593 upon Congress to meet its constitu- its Armed Forces.’’ It is explicit. The take, or misjudgment, our Nation finds tional responsibilities. After years of United States may defend itself against itself in yet another endless war. abdicating our responsibilities on mat- an attack by Iran. The claim that the I yield the floor. ters of war, this entire body must stand military’s hands would be tied in the The PRESIDING OFFICER. The Sen- up and show that we will not roll over event of an emergency has no basis and ator from Oregon. for an unauthorized, unconstitutional cannot be used as an excuse to vote Mr. MERKLEY. Madam President, war. We must pass this amendment. against the amendment. our Founders recognize that no deci- This dangerous course with Iran I am heartened, as Senator KAINE sion carries more consequences than began last May when the President was and as I am sure Senator MERKLEY the decision of whether to go to war. unilaterally withdrew from the Iran will also say, that Senator MCCONNELL They were well familiar with the car- nuclear agreement. This hard-fought and the Republican leadership will fi- nage of human lives and blood, inju- diplomatic achievement denied Iran nally allow debate and a vote on this ries, and treasure that our initial war, the nuclear material required to even amendment. This is what the American the War of Independence, brought. begin work on a nuclear weapon. Since people want and deserve. As we stand here several hundred this administration turned away from Over the years, Democratic and Re- years later, we recognize the wars in diplomacy and resorted to a maximum publican Presidents alike have steadily between; that more than 400,000 Ameri- pressure campaign to box in Iran, the encroached upon Congress’s war pow- cans died in World War II, that more risk of war has steadily risen. ers, and Congress has tacitly allowed than 50,000 Americans died in the Viet- Just last week, we were 10 minutes that encroachment. nam war, and that more than 4,000 away from a strike on Iran, 10 minutes I stood up to President Obama when Americans died in the war in Iraq. from a nightmare of escalation in the he threatened to attack Syria without Those are just some indications of the Gulf. This week, the President threat- authorization, and so did many of my enormous impacts and consequences of ened Iran. I am quoting his words colleagues. I am standing up again now a decision to go to war. here—these are pretty strong words— because the administration’s reckless It was an issue that the Founders he said to Iran: I threaten them with actions have brought us to the preci- struggled with in a republic: Where ‘‘great and overwhelming force,’’ and pice of war. should this immense power rest? he used the word ‘‘obliteration.’’ That Mr. Bolton and Secretary Pompeo’s Should it rest with one individual—the is not diplomacy; that is a drumbeat failed strategy has led directly to these President—or are the consequences too toward war without congressional ap- heightened tensions, to the brink of great to have the judgment of a single proval. war, with no benefits to show for their person carry the decision to its comple- Tensions are the highest they have tactics. tion? been in many years, and the risk of a The administration has reimposed After intense debate, after many ar- costly miscalculation grows day by and tightened sanctions on Iran three guments, the Founders became very day. Just days ago, the President false- times—sanctions we agreed not to im- clear that this power should never rest ly claimed he does not need congres- pose if Iran agreed not to develop nu- in the hands of a single person; that it sional approval to launch strikes clear capabilities. should not just be one body but two against Iran. Article I, section 8 of the Secretary Pompeo placed a dozen bodies—the House and the Senate— Constitution could not be clearer: It is conditions on negotiations and then that should weigh in on the issue of Congress and Congress alone that has withdrew them. war. The consequences being so pro- the authority to ‘‘declare war.’’ This is Just this week, at the same time found, they could not leave it to the id- not a close call; the Founders placed that Advisor Bolton claims we will iosyncrasies or the biases or the mis- this responsibility squarely on our talk with Iran anytime, the President judgment of a single individual. shoulders. The consequences of going sanctions the lead diplomat in Iran and It was in fact one of the defining ar- to war are profound, so this decision tweets out his threat of obliteration, guments about the difference between rests with the people’s representatives, shutting the door on any diplomatic a King and a President. A King could not one person—not even one Presi- overtures. make that decision, with often horrific dent. It is time that Congress confront This ping-pong diplomacy, manufac- consequences for the people of the the administration’s rejection of diplo- tured crisis, and go-it-alone posture kingdom, but not in the United States macy. further diminish our world’s standing of America. This is why it is so deeply Our amendment prohibits funding for and credibility. None of the signatories embedded in our Constitution. In Arti- military action against Iran without to the Iran nuclear agreement, includ- cle I, section 8, under the enumerated congressional authorization. It does ing our closest allies, backs us in what powers of Congress, are simply the not prohibit war altogether; it pro- we are doing. words ‘‘to declare war.’’ That power is hibits an unconstitutional war, a war This reckless diplomacy is dan- vested in Congress, not the President. that has not been authorized by Con- gerously reminiscent of the run-up to The Founders weighed in time and gress. war with Iraq. But any war with Iran, again about this. Turning to James We must be accountable to the Amer- with its military capability, proxy Madison, the father of the Constitu- ican people and to our men and women forces, and a population of 80 million tion, he commented: in uniform whose lives would be on the living in a geographically perilous re- The constitution supposes, what the His- line. Our soldiers are brave enough to gion, would be more disastrous and tory of all Governments demonstrates, that face the danger of war. If my friends in more costly than Iraq. Yet we continue the Executive is the branch of power most this Chamber believe they should, we to march up to the brink. interested in war, and most prone to it. It should be brave enough to be held ac- According to the President’s tweet has accordingly with studied care vested the countable for that decision. last week, he stopped a strike against question of war to the Legislature. Some have claimed that this amend- Iran that he had already ordered be- He went on: ment would prohibit the President cause he learned at the last minute The power to declare war, including the from defending the United States that 150 lives were at stake. I know I power of judging the causes of war, is fully against attack. That is wrong. It is am not alone in being deeply alarmed and exclusively vested in the legislature. completely false. This amendment and at this decisionmaking—national secu- Madison continues: the War Powers Act incorporated as rity decisionmaking process. I know The executive has no right, in any case, to part of it allow the United States to Members on both sides of the aisle decide the question, whether there is or not act in self-defense. I am going to quote share my concerns. cause for declaring war. from our amendment. The amendment We must assert our constitutional He was the father of our Constitu- clearly states that it shall not be inter- authority. We must tell the President tion. That led to this document that preted ‘‘to restrict the use of the and affirm to the American people that vests the power to declare war with United States Armed Forces to defend we will assume our constitutional re- Congress, not the President. against an attack upon the United sponsibility. And we must do so now George Washington, the father of our States, its territories or possessions, or before, through miscalculation, mis- Nation, said: ‘‘The constitution vests

VerDate Sep 11 2014 23:35 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.009 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4594 CONGRESSIONAL RECORD — SENATE June 27, 2019 the power of declaring war in Congress; and present a constitutional amend- the President has preplaced a squadron therefore no offensive expedition of im- ment on the floor of the U.S. Senate. of B–52 bombers to be ready to bomb portance can be undertaken until they You took an oath to the Constitution Iran. Why are we so concerned—when shall have deliberated upon the subject of the United States, and that oath we have a National Security Advisor and authorized such a measure.’’ says that power rests in this body. who has said that no agreement can This was the Commander in Chief If you want to change the Constitu- ever be reached with Iran and we have speaking. This was the hero of the tion, then, have the guts to come down to bomb them and when we have a Sec- American Revolution speaking. This here and propose doing so. I guarantee retary of State who says that no one was the man most trusted to be the it will be roundly defeated because the has ever stood up to Iran and we have first President of the United States, wisdom of our Founders that it is a to teach them a lesson, or words to who was to steer the course and make mistake to give the power of war to that effect, and we have a President sure the Presidency did not become a one person is wise and does stand the who has proceeded to say that any at- kingship. And his conclusion? test of time. tack will be met by great and over- ‘‘[T]herefore, no offensive expedition of Alexander Hamilton noted the fol- whelming force? importance can be undertaken until lowing: So envision these preplaced forces. after they shall have . . . authorized The Congress shall have the power to de- And, in fact, the President has declared such a measure.’’ clare war; the plain meaning of which is, that a section of the Iranian military, This is enormously at odds with the that it is the peculiar and exclusive duty of the Revolutionary Guard is a terrorist vision our colleague from Arkansas Congress, when the Nation is at peace, to force. Add all of that up, and the Presi- presented on the floor—dismissing the change that state into a state of war. . . . dent is talking about looking for a role of Congress, dismissing the Con- Alexander Hamilton said: ‘‘exclusive trigger to apply great and over- stitution, and instead saying let the duty of Congress’’ and ‘‘the plain whelming force. That is why we are President, as Commander in Chief, do meaning’’ of our Constitution. here. A response in proportion to de- what he will. That was not the vision. This viewpoint continued to carry fend a direct attack on the United George Mason of Virginia—if you the day far into the future. Abraham States is authorized by the War Powers stand in DC, you can look across the Lincoln was speaking in 1848, and he Act. That is honored by the resolution Potomac River, and you can see a said: that is before us, the Udall-Paul-Kaine monument to George Mason. He made The provision of the Constitution giving amendment that is before us. That is notes of the Constitutional Conven- the war-making powers to Congress, was dic- honored. But as for the use of great and tion. George Mason remarked that he tated, as I understand it, by the following reasons. overwhelming force the President is was ‘‘against giving the power of war threatening, that is war. That has to Those are Lincoln’s words. to the executive’’ because the Presi- come before this body. dent ‘‘is not safely to be trusted with Kings had always been involving and im- The President went on and said: ‘‘In it.’’ That was the point, that no one in- poverishing their people in wars, pretending some areas, overwhelming will mean generally, if not always, that the good of the dividual, no matter how wise—not even people was the object. This, our [Constitu- obliteration.’’ So for any attack? And a George Washington—could be trusted tional] Convention understood to be the we have heard the Secretary of State with this decision. George Washington, most oppressive of all Kingly oppressions say if there is a Shiite force in Iraq as President, agreed with this com- and they resolved to so frame the Constitu- that we can tie to Shiites in Iran and pletely, that despite his expertise as a tion that no one man should hold the power some communication, we will consider Commander in Chief, it was not to be of bringing this oppression upon us. that an attack by Iran—looking for a the judgment of one person. In the words of these great leaders of trigger to go to war. And the President Thomas Jefferson, one of the most America—Washington, Hamilton, has said any act will be met with over- brilliant minds our country has ever Mason, President Lincoln—all point to whelming force. produced, commented: ‘‘We have al- the power and wisdom of putting the Not under our Constitution. You ready given in example’’—referring to decision about war with the House and want that authority? You come here. the Constitution—‘‘one effectual check the Senate, not the President. You want to change the Constitution? to the dog of war by transferring the Now, this resolution before us says: Then, come here. I say this to my fel- power of letting him’’—the dog of Mr. President, there is no foregoing au- low Senators: Do you want to change war—‘‘loose from the Executive to the thorization to go to war against Iran. the Constitution? Bring your amend- Legislative.’’ So he is commenting on It says: Any authorization has to come ment to the floor of the Senate to the Constitution and saying: We have after debate specifically on that topic. change the Constitution. put a check on the dog of war by put- And why is this? Because we have The Constitution speaks clearly. The ting that power in the legislative body, heard from the administration that President has no authority to apply not the executive. they want to use the 2001 authorization overwhelming force or obliterating Jefferson became President. Did he for the use of military force, an author- force and conduct a war against Iran. change his mind when he became Presi- ization specifically about al-Qaida in Make your case here or honor the Con- dent? His initial quote I gave you was Afghanistan, to authorize war with stitution. from 1789, but later he became Presi- Iran. Nothing could be more con- We are in a troubling and difficult dent of the United States. And what voluted, and that is why we need to time, and I would like to see every did he think then? He thought the stand up and say: That is wrong. That Member of the Senate down here talk- same exact thing, just as President is not right. ing to each other about this. That is Washington had. Jefferson said: ‘‘Con- Anyone who pays even just a mod- the gravity of the consequences. It is sidering that Congress alone is con- icum of attention knows that the reso- not a few Members who are here to stitutionally invested with the power lution to take on al-Qaida in Afghani- stand up for our Constitution and the of changing our condition from peace stan is very different than going to war vision of wisdom in our Constitution. to war, I have thought it my duty to against the Shiite Islam nation of Iran. This is the time, before there is that await their authority for using force in But we have to say it because the ad- trigger in which the President responds any degree which could be avoided’’— ministration has been trying to pre- with great and overwhelming force and his message to Congress in 1805. pare the case saying this 2001 resolu- before he responds with obliterating He recognized what the Constitution tion somehow has a link that author- force. Now is the time to pass this did. Are we going to recognize the con- izes war. amendment put together in a bipar- stitutional vision? Now, there may be And why are we so concerned at this tisan fashion that lays out the funda- folks in this Chamber who simply dis- moment? Why are we here on the floor mental requirements of our Constitu- agree with the Founders and say that in this debate? Well, it is because the tion and the fundamental requirements Congress is too complicated, that the drums of war are beating loudly. It is embraced by the Founders and the fun- power to declare war and the power to because the President has deployed the damental requirements repeated and go to war should be vested solely in the Abraham Lincoln carrier strike force to honored by the greatest Presidents who Commander in Chief. Well, then, come the Gulf to threaten Iran. It is because have ever served our Nation.

VerDate Sep 11 2014 23:35 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.011 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4595 Let us not allow the vision of our the government if you want to, but at NDAA. Frankly, that is the frustra- Constitution to be shredded. Let us the end of the day, they are getting tion. honor our responsibility when we took ripped off by every single Member of It is a frustration that goes beyond an oath in office to defend it, and let us this body and the House of Representa- just this bill. It is a frustration that we honor the wisdom of holding that de- tives, and they have had it. It is no can’t debate on the floor of the Senate bate on the floor, should the President wonder that the American people think anymore. We can’t bring up amend- ever ask us for such authorization to that Congress and Washington, in gen- ments. I think we have brought up one go to war against Iran. eral, are just completely broken. If we amendment in legislation in this Con- I yield the floor. can’t fight for military widows and gress because of the rule between the The PRESIDING OFFICER. The Sen- spouses, who are having their survivor leader and minority leader. There are ator from Alabama. benefits shortchanged, then, for whom all these deals going on. You have to MILITARY WIDOW’S TAX ELIMINATION ACT are we going to fight? For whom are we have a Republican package; you have Mr. JONES. Madam President, I ap- going to stand up? to have a Democratic package; you proach to say how much I appreciate We always talk about standing up for have to play one against the other. We my colleagues, Senator MERKLEY and the least of these. I have people want- are constantly playing the political Senator KAINE, for their eloquent ing to stand up for the immigrants games in this body when we should be thoughts on an important issue of our coming across the border. I have people working for the American people as a time. wanting to stand up for corporations whole. Let me also now rise in total frustra- and to make sure that they are paying That is why today, at this time, I am tion on a completely different issue— their share of the taxes, as opposed to once again calling for our bill to elimi- but total frustration, bafflement, and, overburden. I have people standing up nate the military widow’s tax, to pass quite frankly, just angry and dis- for people every day, but here we have it or get it voted on and bring it to the appointed in this body. I am angry be- a chance to stand up for people who floor and pass it on unanimous con- cause we have turned our back for over have given their lives for this country, sent. Every one of my colleagues would 40 years on military families. We have and we are not doing it. We are not do well to remember that we are the turned our backs on the widows of the doing it. ones who should be fighting for these very men and women who have given If we can’t do the right thing on this, spouses. We are the ones. We are the their lives to protect this country, to with 75 cosponsors, how can we pos- only people they can turn to. This uphold our democratic ideals, and to sibly tackle immigration reform? How can’t be fixed on the streets. It can’t be make possible the very work that we can we possibly tackle healthcare re- fixed at the Department of Defense or are doing in the Senate and the very form or education in this country if we the Veterans’ Administration. The leg- work that we, as Members of the Sen- can’t come to some agreement and one islature, the Congress of the United ate and as Members of Congress, are simple vote when we have 75 cospon- States, is the only one that can do it, charged to do every day on behalf of sors? and we are the ones who should be the American people and, particularly, How can we not fight for people like fighting for these military spouses, the on behalf of veterans and their fami- Cathy Milford, a retired schoolteacher widows and widowers whose loved ones lies. from Mobile, AL, whose husband passed gave their lives for this country, the I am talking about this body’s re- away unexpectedly 25 years ago from a widows and widowers whose lives are fusal to bring up the Military Widow’s service-connected illness just months forever changed because of their fam- Tax Elimination Act—the refusal to after his retirement from the Coast ily’s selfless service to this country. bring it up for a single floor vote—de- Guard? Instead of a long and happy re- Caring for military families has long spite the fact that we have 75 cospon- tirement together, Cathy has been been part of the foundation of our gov- sors—75 cosponsors of this bill. It is the fighting to right this wrong for all of ernment. In President Abraham Lin- most bipartisan legislation, except for the some 65,000 military spouses who coln’s second inaugural address, he the robocall bill, which everybody are hurt by the current law. spoke in no uncertain terms on this ob- could agree on. And we can’t get that During a recent visit here to Capitol ligation. In the midst of the Civil War, to a vote in this body? Hill, she said: ‘‘Every time I talk about he addressed a nation that had sus- Where have we gone wrong? Where this’’—and she is up here a lot talking tained unimaginable loss—unimagi- have the rules of the body—the rules about elimination of the military wid- nable loss—in order to preserve the that the leadership of both parties are ow’s tax—‘‘I have to dig up my husband Union we so cherish. operating under—gone off the rails and bury him all over again.’’ The country was then more divided that we can’t bring this to a vote, to Just think about that. Let that just than it ever had been, and God help us just get a simple up-or-down vote, on a sink in a minute: a military widow, one if it ever gets that divided again, but process that is ripe, and that is the of many of thousands, who had to re- the values Lincoln asserted during that NDAA? turn to lobby Congress year after year speech were so fundamental that, even In my 17 or 18 months—I forget how at their own expense, saying she feels at war with itself, it could agree on the many now in this body—I have had like she is digging up and burying her importance. some frustrating moments, as I know husband all over again when she has to He said this: all of my colleagues who have been talk about this issue. That is not only With malice toward none, with charity for here for a long time have had a lot of sad, it is shameful. all, with firmness in the right as God gives frustrating moments. We have shut We have tried to pass this legislation. us to see the right, let us strive on to finish the work we are in, to bind up the nation’s down this government three times The Senate has, in some form, repeat- wounds, to care for him who shall have borne since I have been a U.S. Senator—three edly over the last almost 20 years. It the battle and for his widow, and his orphan, times. I have seen disaster relief held has been included in the NDAA numer- to do all which we may achieve and cherish up for 5 or 6 months, with farmers and ous times only to be stripped out dur- a just and lasting peace among ourselves and others needing that relief, needing that ing conference. It has been included with all nations. money, needing that help, and we held without an immediate pay-for to offset Let me repeat that critical phrase it up for political reasons so that some- the budget issues that everybody kind today: ‘‘ . . . to care for him who shall one can score a point because every- of falls back on and hangs their hat on. have borne the battle and for his thing is seen through the eyes of a po- We don’t have that immediate pay-for. widow, and his orphan.’’ litical gamesmanship. That is how we It has passed before. It has passed be- This is the promise we have made to are operating today, and it is incred- fore in this body with bipartisan sup- those who raise their hand in service to ibly frustrating for those of us who port, but for some reason it just hasn’t our Nation. This is the contract, the want to make sure we go forward with been able to get across the finish line. solemn contract, that we have made to things when we see bipartisan efforts. For some reason, even though the bill those who have raised their hand in In this situation, we are talking today has historic levels of cosponsor- service to this Nation; that we will about military families who are get- ship, we are not allowed to bring it up honor and support them and care for ting ripped off by us. You can call it for a vote as an amendment to this their families if tragedy occurs.

VerDate Sep 11 2014 23:35 Jun 27, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.012 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4596 CONGRESSIONAL RECORD — SENATE June 27, 2019 President Lincoln was assassinated was preparing to make one of my reg- record, and that is what I think we just over a month after he issued this ular trips to Afghanistan. At that time, should do. I understand we are not appeal, but the weight of his words still I was not chairman of the Senate there this year for whatever reason. I resonate today. In some ways, on this Armed Services Committee, but I was a still believe, in part, that it is a proce- issue, they resonate more because in high-ranking member of the Senate dural issue that ought to be put aside those days you could count on the fact Armed Services Committee. for this, but that is an argument for that the legislative body, the Congress In the audience was Jane Horton, and another day. of the United States, heeded those Jane said: Well, if you are going to go I do so very much appreciate the words and took care of those families. over there, why don’t you go by and see chairman’s remarks. I have enjoyed It has been 154 years since President my husband, Chris? I said: I will do it. working with him, Senator REED, and Lincoln spoke those words; yet the I found out his whereabouts, exactly others on the NDAA. That has been an Government of the United States, the where he was. I got over there to look effort. I told folks back home and Members of this body, the Members of up Chris, only to find out that 2 days across the country where I have spoken the House have yet to fulfill that prom- after I made that commitment in Col- that I wish people could have actually ise. It has been 154 years, and we still linsville, OK, that Chris died in action. seen what happened in that markup be- get caught up in the deals that are Chris died in action. I was the one who hind closed doors and the bipartisan- made as to what gets on the floor and had to call on and share that with his ship that the chairman showed and the what does not get on the floor, the po- wife, Jane Horton. other Senators showed. I wish people litical deals that have to be jockeyed, In fact, after that, we hired Jane to could have seen it because we don’t get where we give and take, and it is one go around and help us with the widows’ to see it. I don’t think if we opened it over the other. We need to fix that benefits. Starting at that time, I was up that we would have seen it, but it today. the leader and continued to be a leader was remarkable. We need to fix it in a broader sense long before the Senator from Alabama So we are where we are in the Sen- and let this body get back to its real was into this, and he will agree that I ate. I understand that, and I knew that work and be the great deliberative was actively working on this issue. coming in here. I will simply say this. body it is supposed to be. We are not I support and will continue to sup- The House of Representatives is also doing that, but that is a different issue port the permanent fix. It is going to going to take up the NDAA, and I hope for a different time. happen. We are going to do it. In fact, my colleagues on the other side of the Let’s start today and stand up and I am the first Senate Armed Services wonderful Capitol are listening. Put it exhibit just a fraction, a small frac- chairman to cosponsor this legislation. in. It is not in the committee bill. Put tion—a small, small fraction—of the Mr. JONES mentioned there were 75 it in. Bring it to conference because, if courage that these military spouses did people who cosponsored it. That is I. I it gets to conference, I am going to on our behalf. Let’s let our actions was on there on the initial legislation continue to have this in this NDAA, speak louder than words simply ever and will continue to be and will always and let’s get this done, once and for all. could. Let’s put the issue to rest and be, and that reflects my commitment Thank you, Chairman INHOFE, and give these widows some peace. to the permanent fix. thank you, Mr. President. Let us do our duty. Here is the problem we have. There I yield the floor. It was Atticus Finch, who told the has to be a fix, but it can’t be on this The PRESIDING OFFICER. The Sen- jury in ‘‘To Kill a Mockingbird,’’ as he bill. The reason it can’t be on this bill ator from South Dakota. closed out, knowing what the outcome is because it has a mandatory spending EMERGENCY SUPPLEMENTAL APPROPRIATIONS was going to be, as I do here—knowing that has no offset, and there is not an BILLS what the outcome was going to be, it exception to this on the bill. This is Mr. THUNE. Mr. President, if I was Atticus Finch, who said: ‘‘In the part of the agreement in bringing the might, let me describe where things are name of God, do your duty.’’ bill up. in the state of play with respect to the I say that to this body. I say that to Now, what we can do is go ahead and supplemental appropriations bill that the leadership. In the name of God, do what is necessary with this very deals with the border. let’s do our duty to these people. Let’s popular cause, and I will be standing I know the situation at our border get behind the political deals and let’s with the Senator from Alabama to has been at a crisis point for weeks do our duty, once and for all. make sure this happens. now. Our agencies are stretched to the UNANIMOUS CONSENT REQUEST—AMENDMENT Let’s assume that were not true, that breaking point, struggling to care for NO. 269 we couldn’t do it under the rules. the overwhelming flow of migrants; yet Mr. President, I ask unanimous con- Under the rules, there is another rule we have House Democrats continuing sent that it be in order to set aside the that, if there is an objection to any to play politics with the border funding pending amendment; that amendment amendments coming up, then I, as the bill. No. 269 be considered and agreed to; chairman of the committee, if the Again, to describe the state of play, and that the motion to reconsider be party objecting is not here, I have to we had a request from the President 7 considered made and laid upon the offer his objection. weeks ago for $4.5 billion to address table with no intervening action or de- There is an objection to this, and I this humanitarian crisis we are having bate. will therefore object and be in the at our southern border, and the Demo- The PRESIDING OFFICER. Is there strongest position of helping this to be- crats didn’t act on it. They described it an objection? come a reality. I owe it not just to the as a manufactured crisis. When I say The Senator from Oklahoma. many people I know but also to the the Democrats, I am talking about the Mr. INHOFE. Mr. President, reserv- family whom I just referred to from House Democrats, which is where most ing the right, let me share a story of Collinsville. spending bills originate. something that happened. The PRESIDING OFFICER. Objec- After the House failed to act and The timing sometimes happens at tion is heard. failed to respond to the President’s re- very inconvenient times, but on Sep- The Senator from Alabama. quest for emergency funding, the Sen- tember 7, 2011, I was in my State of Mr. JONES. I thank my friend and ate decided to act. So the Senate Ap- Oklahoma and was in Collinsville, OK. colleague Chairman INHOFE, and let me propriations Committee took up and Probably not many people have been to say I know where he has been on this passed a bipartisan bill out of the Ap- Collinsville, OK, but I have. It was the issue. I have seen his speeches from propriations Committee by a vote of 30 home of a really beloved individual and years past on this issue, and I do appre- to 1—not a vote that you see all that family. The family was the Chris Hor- ciate that, and I appreciate the fact often around here these days. ton family, and the wife was Jane Hor- that he is a cosponsor. So that bill was reported out to the ton. I also know this has been put on an floor. In the meantime, the House I remember it so well. This was Sep- NDAA before in this body without a Democrats decided that maybe it tember 7, 2011. I was talking to the pay-for, without an offset, in order to wasn’t, after all, a manufactured crisis group, and I was telling them that I have a sense of the Senate and to go on and perhaps they needed to act. So

VerDate Sep 11 2014 02:07 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.014 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4597 they picked up a bill—a partisan bill— DEMOCRATIC PARTY where between $51 trillion and $93 tril- and passed it out of the House of Rep- Mr. President, I think 2019 is going to lion over 10 years—$93 trillion. That is resentatives on a party-line basis, after go down in history for the Democratic more money than the 2017 gross domes- which the Senate voted on its bill, the Party. It has been a notable year. tic product for the entire world. That bill I mentioned that was reported out While the Democratic Party has ob- is right. You could take the entire eco- of the Appropriations Committee by a viously always been left of center, I nomic output of every country in the vote of 30 to 1, and it came to the floor never expected to see the Democratic world in 2017, and it still might not pay where it passed yesterday by a vote of Party running so far to the left of the for the Democrats’ socialist fantasy. 84 to 8—84 to 8 in the U.S. Senate. American people or wholeheartedly Once you realize that, it is pretty obvi- Well, just to demonstrate that the bi- embracing socialism and a government ous that the Green New Deal is not a partisan bill passed by the Senate is takeover of a large part of the econ- plan that could be paid for by taxing the vehicle that should move forward omy. the rich. The socialist fantasies are rapidly and should go to the President for his How about taxing every household piling up: a government takeover of signature, the President had indicated making more than $200,000 a year at a healthcare, a government takeover of he would veto the House-passed bill, 100-percent rate for 10 years? That the energy sector, government-funded but we took it up. We took up the wouldn’t even get you close to $93 tril- college, a government writeoff of all House-passed bill yesterday on the lion. How about taxing every household student loan debts, guaranteed income, floor of the U.S. Senate. We had a vote making more than $100,000 at a 100-per- government-guaranteed housing, and on it. It got 37 votes here on the floor cent rate for 10 years? That wouldn’t on and on. So what is wrong with that? of the Senate—not nearly enough, obvi- get you anywhere close to $93 trillion. After all, those proposals sound really ously, to pass the Senate. Of course, it Like Medicare for All, the Green New nice—free healthcare, free college, the was going to meet a certain veto by the Deal would be paid for on the backs of government guaranteeing you an in- President even if it had. working families. come. Here is the problem: Providing I have talked a lot about the money That being said, there were 37 votes all that stuff is going to cost a lot of aspect of Democrats’ socialist pro- for the House-passed partisan bill that money, an almost inconceivable posals, and that is one of the major came out of the House of Representa- amount of money. Somebody is going problems with these proposals—they tives. Here on the floor of the Senate, to have to pay. You might say that ob- sound nice until you realize that actu- there were 84 votes for the bipartisan viously the government is going to ally nothing is really free. Working bill produced by the Senate Appropria- pay, but the government has to get its Americans are still going to be paying tions Committee. money from somewhere. Here is the for the cost of all those programs Where we are right now is that was catch: The government gets its money through new and much higher taxes. sent back to the House. The House, from the taxpayers. But that is far from the only problem frankly, should just take up that bill Can’t we just take that money from with some of the Democrats’ socialist and pass it. We know for certain the rich taxpayers? If you talk to some of fantasies. Leaving aside the fact that President would sign it. Again, I think the socialist Democrats offering these the Federal Government is not exactly it demonstrates a body of work that re- proposals, they will talk about making known for its efficiency or bringing flects the will of both sides, Repub- the rich pay. The rich are their favor- programs in on time and on budget, licans and Democrats—certainly in the ite funding mechanism. Want free col- there is the tremendous cost Ameri- Senate—to get a vote of 30 to 1 out of lege? We just get the rich to pay for it. cans will pay in the loss of their free- the Appropriations Committee or 84 to Want free healthcare? We can just get dom, the loss of their autonomy. Amer- 8 on the floor of the Senate. You had to the rich to pay for it. There is just one icans are used to choices and being able have a high level of bipartisan coopera- big problem with that: There aren’t to make their own decisions. It is part tion. enough rich people in America to even of our heritage. Those are freedoms we That bill to address the humani- come close to paying for Democrats’ cherish. That is not the way things tarian crisis at our border is awaiting socialist fantasies. Deep down, Demo- work under socialism. action by the House of Representa- crats know it, which is why they tend Nowhere is this more obvious than tives. All they have to do is simply to get very foggy when pressed on the with Medicare for All. Medicare for All pick it up and pass it and send it to the details of how they are going to pay for doesn’t give Americans health insur- President, where it will be signed into some of their plans. ance options; it takes them away. Are law, and we will get much needed re- Take the junior Senator from you part of the majority of Americans sources and much needed manpower to Vermont’s proposal of a government who are happy with their current the southern border, where they des- takeover of America’s health insur- healthcare? Too bad. Medicare for All perately need it. I hope that will be the ance, the so-called Medicare for All eliminates all private insurance plans case. plan. A conservative estimate puts the and replaces them with a single, gov- cost of that plan at $32 trillion over 10 ernment-run, one-size-fits-all plan. We are being told that the House is years. The current cost is likely much Under Medicare for All, private health now considering sending yet another higher since the Senator from insurance plans as we know them partisan bill over here to the Senate. Vermont’s most recent plan for govern- would actually be illegal. If you are not The only thing I can tell you is, if you ment-run healthcare also includes happy with the government-run plan, want to get legislation signed into law long-term care, which we all know is too bad; you won’t have any other by the President of the United States an incredibly expensive benefit. choices. that actually does deliver and put the The Senator from Vermont did re- The treatment options would also be much needed assistance on the ground lease a list of proposed tax hikes to pay limited by what the government de- that is desperately needed on the for his proposal. The only problem is, cides. If the government doesn’t want southern border, the only surefire way the tax hikes wouldn’t come close to to pay for a particular cancer treat- to do that right now is for the House to covering the estimated cost of his ment, for example, as has happened in pick up the Senate-passed bill, which original Medicare for All plan, much other countries with socialized medi- passed here with 84 votes, pass it, and less the cost of his new expanded Medi- cine, you will be out of luck. send it to the President, where it will care fantasy. Then, of course, there are the long be signed into law, and that $4.5 billion Of course, as staggering as the costs wait times that are the hallmark of so- will be on its way to the border to as- of Medicare for All would be—more cialized medicine. Imagine having to sist with all the needs down there that money than the Federal Government wait months for diagnostic imagining are currently being unmet. I hope that spent in the last 8 years combined on or needed surgery or having to stand by can happen yet today. everything—they pale in comparison to while your spouse or child is forced to That is the state of play with respect the cost of the so-called Green New wait months for care. That is the kind to the supplemental appropriations Deal. An initial estimate found that of thing Americans would have to look bill. the Green New Deal would cost some- forward to under Medicare for All.

VerDate Sep 11 2014 02:07 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.015 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4598 CONGRESSIONAL RECORD — SENATE June 27, 2019 Margaret Thatcher once said that the derstanding that our Armed Forces what constitutes self-defense and at- problem with socialism is that eventu- must have the ability to defend them- tacks on our allies. ally you run out of other people’s selves and our citizens against foreign I am pleased that the chairman of money. Once Democrats have taken enemies. Indeed, the purpose of the the Foreign Relations Committee has every dollar they can from the rich to NDAA is to provide the authorizations previously committed to holding these pay for their socialist fantasies, they that are necessary to ensure the De- hearings, and I believe we should com- will come after the paychecks of ordi- partment of Defense is in a position to mence with hearings with multiple nary Americans, who will face higher defend the United States and our citi- stakeholders, including the adminis- and higher taxes for fewer and fewer zens. tration itself. Previous administrations benefits and greatly reduced choices. In my opinion, in that respect, this have sent up representatives to explain Democrats’ socialist dreams would amendment is not necessary. For any- to Congress their rationale for war or quickly trap the American people in a one who argues that the Romney lan- to explain the type of authorizations nightmare. guage is somehow necessary because of they are seeking. We should demand I yield the floor. the Udall amendment that we will be nothing less from this administration. The PRESIDING OFFICER. The Sen- voting on tomorrow, I say reread the I support the amendment, and I look ator from Maine. Udall amendment. It includes an ex- forward to continuing appropriate Ms. COLLINS. Mr. President, before I plicit exception for self-defense. oversight over the executive branch’s deliver comments on a bill that I am I am concerned that this administra- pursuit of military action around the introducing, let me express my dis- tion will seek to twist the Romney world. appointment that the Senate will not amendment into something that is I yield the floor. be voting today on the amendment completely unrecognizable, something The PRESIDING OFFICER. The Sen- that Senator JONES and I have filed to that we are not voting on today, and ator from Utah. eliminate the military widow’s tax. something that has no basis in law. As Mr. ROMNEY. Mr. President, I ask This is a tremendous inequity, as is a legal matter, the amendment does unanimous consent to complete my re- recognized by the fact that 75 of our nothing more than to explicitly pro- marks before the vote. colleagues have cosponsored our free- vide the authority to use funds under The PRESIDING OFFICER. Is there standing bill. the act to ensure this ability. objection? Nevertheless, I am heartened by the Let me be clear. This amendment Without objection, it is so ordered. commitment and the compassion of the does nothing more than that. Either Mr. ROMNEY. Mr. President, I thank Senate Armed Services Committee implicitly or explicitly, it does not au- my esteemed friend and ranking mem- chairman, Senator INHOFE, who has in- thorize the use of military force. Let ber of the Foreign Relations Com- dicated his receptivity to dealing with me repeat. It is not an AUMF. An ex- mittee for his kind words in support of this issue but in a different way on a plicit authorization would have to my amendment. different bill. I hope that today is just come to the Senate Foreign Relations As we debate the Defense Authoriza- a temporary setback and that we can Committee following serious and sub- tion Act today, one of our most press- see this bill taken up as a freestanding stantive engagement by the executive ing concerns is how we deter Iran from bill by the entire Senate. branch. further escalating its attacks. The de- Mr. President, I send a bill to the It is no secret that there are some in cisions we make on this bill will have desk and ask that it be appropriately this administration who are eager to a direct bearing on the options the referred. engage militarily with Iran. This week, President and the military have avail- The PRESIDING OFFICER. It will be the President himself argued that he able to keep our military, our citizens, received and appropriately referred. does not have to go to Congress to seek and our friends and allies safe. (The remarks of Ms. COLLINS per- authorization. But those who don’t The Senate is poised to vote soon on taining to the introduction of S. 2018 want to completely bypass our congres- my amendment, No. 861. It would reaf- are printed in today’s RECORD under sional prerogative will be grasping at firm what has long been American pol- ‘‘Statements on Introduced Bills and any purported source of authority that icy. Our military is authorized to de- Joint Resolutions.’’) could justify, in their minds, that Con- fend itself and to protect our citizens. Ms. COLLINS. Mr. President, I yield gress has authorized these actions. Enacting this amendment makes it the floor. Look no further than the Secretary clear to our military, as well as to any The PRESIDING OFFICER. The Sen- of State, who is purportedly pushing potential adversary, that America does ator from Washington. the bogus legal theory that the 2001 not shrink in the face of attack. This is Mrs. MURRAY. Mr. President, I ask AUMF, which Congress passed in the not an authorization to use military unanimous consent to speak as in wake of 9/11, somehow provides author- force against Iran or anyone else; it is morning business. The PRESIDING OFFICER. Without ity to use force against Iran. Appar- a statement of continued commitment objection, it is so ordered. ently, Secretary Pompeo is not dis- to our national defense. (The remarks of Mrs. MURRAY per- suaded by the facts. The plain language Under the Constitution, only Con- taining to the introduction of S. 2008 of the 2001 AUMF does not extend to gress may declare war, but also under are printed in today’s RECORD under Iran. Congress did not intend for the the Constitution, the President can de- ‘‘Statements on Introduced Bills and 2001 AUMF to cover Iran, and neither fend against attacks and can respond Joint Resolutions.’’) Republican nor Democratic Presidents in an appropriate manner to an attack Mrs. MURRAY. I yield the floor. who have operated pursuant to this that has been made. The PRESIDING OFFICER. The Sen- AUMF have claimed such authority. As we all know, my esteemed col- ator from New Jersey. Against this backdrop and a Presi- league from New Mexico, Senator S. 1790 dent who has evaded Congress in un- UDALL, has proposed an amendment on Mr. MENENDEZ. Mr. President, I precedented and unlawful ways, we a related topic which I wish to briefly rise to explain the context in which I must make crystal clear that the Rom- address. will vote for the Romney amendment. ney amendment cannot be abused by We do not need the Udall amendment First, I am grateful for Senator ROM- those in this administration who ap- to tell us what the Constitution al- NEY’s substantive contributions and his pear to be desperate to build a case ready demands—that Congress alone collegiality as a member of the Foreign that the President has all of the au- can declare war. His amendment is Relations Committee. thority he needs to take us into war clearly intended to limit the President The plain text of the amendment with Iran. in some other ways that he has not yet states the obvious—that funds author- We cannot leave anything up to explained to this body. ized by the NDAA may be used to en- chance when it comes to the choice of As it is written, the Udall amend- sure the ability of our Armed Forces to whether we send our sons and daugh- ment would dramatically limit the ex- defend themselves and U.S. citizens. ters into war. I believe we should be isting authority that the Constitution I believe every Member of this body having a serious conversation about provides to the President to respond to certainly shares the fundamental un- our use of military force and about Iran. It would prevent the President

VerDate Sep 11 2014 02:07 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.017 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4599 from defending U.S. citizens, U.S. in- tentially prevent us from pursuing and for such fiscal year, and for other pur- terests, and our allies. This is not only taking out terrorists who seek refuge poses, shall be brought to a close? my opinion; it is the carefully consid- in Iran. The yeas and nays are mandatory. ered conclusion of the U.S. Department I oppose the Udall amendment not The clerk will call the roll. of Defense. because I want to go to war with Iran The bill clerk called the roll. In its letter on June 26 to Chairman or rush to respond without carefully Mr. THUNE. The following Senator is INHOFE, it states this, referring to the evaluating our long-term strategy to necessarily absent: the Senator from Udall amendment: counter Iranian aggression. I know no South Dakota (Mr. ROUNDS). ‘‘The Department strongly opposes this one who wants to go to war with Iran. Mr. DURBIN. I announce that the amendment . . . At a time when Iran is en- I fully concur with my many Senate Senator from Colorado (Mr. BENNET), gaging in escalating military provocation colleagues who desire to reassert the the Senator from New York (Mrs. . . . this amendment could embolden Iran to constitutional role of Congress in de- GILLIBRAND), the Senator from Cali- further provocations.’’ claring war. But to engage in this ef- fornia (Ms. HARRIS), the Senator from Tying the President’s hands in some fort now, and in an undefined way, and Vermont (Mr. SANDERS), and the Sen- undefined way in the midst of the cur- then to attach that to Iran when Iran ator from Massachusetts (Ms. WARREN) rent crisis is misguided, dangerous, and has just shot down an American air- are necessarily absent. surely sends the wrong message to both craft would send a terrible message to The PRESIDING OFFICER (Mr. Iran and to our allies. the Ayatollahs and to the world. SASSE). Are there any other Senators Last week, the Iranians continued I mean, think about it. Iran shoots in the Chamber desiring to vote? their provocative escalation in the down an American aircraft, and what The yeas and nays resulted—yeas 87, Middle East. After weeks of buildup in does the U.S. Senate rush to do? It nays 7, as follows: which Iran attacked six commercial rushes to vote in some undefined way [Rollcall Vote No. 186 Leg.] ships, and its proxies bombed an oil to restrict military consequence. That YEAS—87 pipeline and launched a rocket into a is simply unthinkable. Alexander Feinstein Peters commercial Saudi Arabian airport, My amendment is not about Iran. It Baldwin Fischer Portman Iran shot down an American drone over does not even mention Iran. My amend- Barrasso Gardner Reed international waters. Blackburn Graham Risch ment is about affirming the constitu- Blumenthal Grassley Roberts The Udall amendment raises serious tional authorities that any President Blunt Hassan Romney questions about how the military could must have to properly protect and de- Boozman Hawley Rosen respond to these attacks after the fact. Braun Heinrich Rubio fend this Nation. Brown Hirono Sasse Could we fire on the missile launcher As the Department of Defense main- Burr Hoeven Schatz that downed our drone? Could we sink tains, the President of the United Cantwell Hyde-Smith Schumer one of their small, outboard motor ves- States must always have the option of Capito Inhofe Scott (FL) sels that attached the mines to the Cardin Isakson Scott (SC) responding to attacks by Iran or any- Carper Johnson Shaheen ships that were attacked? one else at a time and place of our Casey Jones Shelby Imagine for a moment that in the fu- choosing—today and in the future. Cassidy Kaine Sinema ture, another American aircraft, per- Collins Kennedy Smith I urge my colleagues to support my Coons King Stabenow haps one that is manned by an Amer- amendment. Cornyn Lankford Sullivan ican pilot, were to be shot down by an Cortez Masto Leahy Tester Iranian rocket. It is possible that the f Cotton Manchin Thune Udall amendment would limit our mili- CLOTURE MOTION Cramer McConnell Tillis Crapo McSally Toomey tary’s options to subsequently respond The PRESIDING OFFICER. Pursuant Cruz Menendez Udall to such an outrage. to rule XXII, the Chair lays before the Daines Moran Van Hollen I don’t pretend to know whether Iran Duckworth Murkowski Warner Senate the pending cloture motion, will continue its pattern of aggression, Durbin Murphy Whitehouse which the clerk will state. Enzi Murray Wicker but I do know that when bad actors The bill clerk read as follows: Ernst Perdue Young think they can escape consequence for NAYS—7 malevolent acts, such acts are more CLOTURE MOTION likely to occur in the future. We, the undersigned Senators, in accord- Booker Markey Wyden ance with the provisions of rule XXII of the Klobuchar Merkley I am glad that Senator UDALL’s re- Standing Rules of the Senate, do hereby Lee Paul vised amendment concedes the broad move to bring to a close debate on amend- NOT VOTING—6 point that our military has the inher- ment No. 764, as modified, to S. 1790, a bill to Bennet Harris Sanders ent right of self-defense. But in the authorize appropriations for fiscal year 2020 Gillibrand Rounds Warren case of a rocket hitting one of our for military activities of the Department of planes, the President should not have Defense, for military construction, and for The PRESIDING OFFICER. On this his hands tied in responding after such defense activities of the Department of En- vote, the yeas are 87, the nays are 7. an attack in an appropriate manner. ergy, to prescribe military personnel Three-fifths of the Senators duly cho- Note also that while the Udall strengths for such fiscal year, and for other sen and sworn having voted in the af- purposes. firmative, the motion is agreed to. amendment provides for the military James M. Inhofe, Roger F. Wicker, John- AMENDMENT NOS. 864, 863, AND 862 WITHDRAWN to defend itself from attack, it does not ny Isakson, Steve Daines, Roy Blunt, provide for the defense of our citizens. Cindy Hyde-Smith, Kevin Cramer, Deb Under the previous order, amend- Iran could take this as an invitation to Fischer, Mitch McConnell, Pat Rob- ment Nos. 864, 863, and 862 are with- attack Americans abroad. erts, John Cornyn, Mike Crapo, Mike drawn. Further, it would prohibit our mili- Rounds, John Thune, John Hoeven, The Democratic leader. tary from defending or responding to Thom Tillis, John Boozman. AMENDMENT NO. 861 an attack by Iran on our Iraqi partners The PRESIDING OFFICER. By unan- Mr. SCHUMER. Mr. President, I ask so long as it didn’t directly hit Amer- imous consent, the mandatory quorum unanimous consent for 2 minutes, ican troops. Passing the Udall amend- call has been waived. equally divided. ment would effectively give a green The question is, Is it the sense of the The PRESIDING OFFICER. Without light to Iranian forces to carry out at- Senate that debate on amendment No. objection, it is so ordered. tacks in Iraq so long as they don’t at- 764, offered by the Senator from Ken- Mr. SCHUMER. Mr. President, I am tack U.S. forces. tucky, as modified, to S. 1790, an origi- voting in favor of the Romney amend- If Iran were to attack Israel, one of nal bill to authorize appropriations for ment, No. 861, because it does nothing our NATO allies, the Udall amendment fiscal year 2020 for military activities more than restate the longstanding would not allow the President to re- of the Department of Defense, for mili- principle that the Armed Forces of the spond. tary construction, for defense activi- United States have the ability to de- Finally, by carving out Iranian terri- ties of the Department of Energy, to fend themselves and citizens of the tory, the Udall amendment would po- prescribe military personnel strengths United States from foreign attack. The

VerDate Sep 11 2014 02:50 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.018 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4600 CONGRESSIONAL RECORD — SENATE June 27, 2019 amendment does not constitute an au- Hassan Menendez Scott (FL) velopment of the next intercontinental Hawley Merkley Scott (SC) thorization to use military force, nor is Heinrich Moran Shaheen ballistic missile and the W87–1, which there anything in the amendment that Hoeven Murkowski Shelby is a modified warhead that will be confers any new authority on the Hyde-Smith Murphy Sinema placed on the new ICBM for decades to President. Inhofe Murray Smith come. Isakson Paul Stabenow It is vital that the Air Force’s mis- As Senator ROMNEY, the author of Johnson Perdue Sullivan the amendment, stated on the floor a Jones Peters Tester sile development program, known as half-hour ago, ‘‘[t]his [amendment] is Kaine Portman Thune the Ground-Based Strategic Deterrent, Kennedy Reed Tillis GBSD, be synchronized with the W87–1 not an authorization to use military King Risch Toomey force against Iran or anyone else. . . . Klobuchar Roberts Udall warhead so that a decade from now, we Under the Constitution, only Congress Lankford Romney Van Hollen have a complete new weapons system may declare war.’’ Lee Rosen Warner that is ready for deployment. My Manchin Rubio Whitehouse amendment will help ensure that the I yield the floor. Markey Sasse Wicker The PRESIDING OFFICER. The Sen- McConnell Schatz Wyden deployment will happen on schedule ator from Utah. McSally Schumer Young and avoid unnecessary delays in that Mr. ROMNEY. Mr. President, I will NAYS—4 development. The other amendment highlights the reassert the same thing I just heard Booker Hirono importance of our Nation’s ICBM force from the minority leader. I appreciate Duckworth Leahy and demonstrates how ICBMs enhance his words. NOT VOTING—6 deterrence as a part of the triad. This amendment would reaffirm a Bennet Harris Sanders ICBMs provide the most prompt and basic principle. The United States has Gillibrand Rounds Warren most dispersed segment of our nuclear the right to defend itself and our citi- The amendment (No. 861) was agreed forces, and they magnify the deterrent zens when attacked. It asserts what has to. power of our nuclear triad. always been a bedrock constitutional The PRESIDING OFFICER. The Sen- I commend my colleagues for their principle. This is not an AUMF. It is ator from North Dakota. support of these amendments, which is not an authorization for the use of Mr. HOEVEN. Mr. President, I ask a strong statement of the continuing military force. unanimous consent to speak for 5 min- importance of the ICBM and the need Passing my amendment today would utes on the NDAA. to ensure that it is modernized along send a strong signal to our adversaries The PRESIDING OFFICER. Without with the rest of our nuclear forces in that we will defend ourselves if our in- objection, it is so ordered. order to keep us safe. terests, our people, our military, our S. 1790 The bill is also critically important allies are threatened and attacked. Mr. HOEVEN. Mr. President, I rise to for military activities in my home My amendment is something that I speak on the importance of the Na- State of North Dakota. Specifically, we believe everyone in this body can and tional Defense Authorization Act for worked to secure a number of provi- should support. Fiscal Year 2020 legislation that au- sions to support the missions at the The PRESIDING OFFICER. Cloture thorizes $750 billion for defense, con- Minot Air Force Base, which is home having been invoked, the motion to re- sistent with the administration’s budg- to two of the three legs of the nuclear commit and the amendments pending et request and the National Defense triad. Importantly, the NDAA author- thereto fall. Strategy Commission report. izes funding for B–52s, including the All postcloture time is expired. The NDAA is a critical piece of legis- procurement of new engines. As a The question is on agreeing to lation. It supports our Armed Forces, member of the Senate Defense Appro- amendment (No. 861), offered by the our men and women in uniform, and priations Committee, I have worked to Senator from Kentucky, Mr. MCCON- provides for the defense of our Nation. authorize and appropriate money for NELL, on behalf of the Senator from Among its notable provisions, the bill new engines which will help modernize Utah, Mr. ROMNEY. supports a 3.1-percent pay increase for the B–52 and extend its life for years to The yeas and nays were previously the members of our armed services, the come. The NDAA also advances replace- ordered. largest in nearly a decade and very ment of the Vietnam-era Huey heli- The clerk will call the roll. much deserved by the men and women copters that provide security for the The senior assistant legislative clerk in uniform who protect us. called the roll. missile fields, and it supports the con- It establishes a Space Force and en- struction of a new helicopter facility at Mr. THUNE. The following Senator is sures that America retains its leader- necessarily absent: the Senator from Minot to house the Huey replacement. ship in this critical domain. It opens It also makes a strong commitment to South Dakota (Mr. ROUNDS). the way for significant investments in Mr. DURBIN. I announce that the the Long-Range Stand Off, LRSO, Pro- new weapons systems, such as gram that will provide a new nuclear Senator from Colorado (Mr. BENNET), hypersonic missiles and directed en- the Senator from New York (Mrs. cruise missile for the B–52, as well as ergy weapons along with missile de- continuing to advance the investments GILLIBRAND), the Senator from Cali- fense and cyber security capabilities. It in GBSD. fornia (Ms. HARRIS), the Senator from also responds to concerns about family The bill also supports priorities at Vermont (Mr. SANDERS), and the Sen- housing across the Department of De- Grand Forks Air Force Base, which is ator from Massachusetts (Ms. WARREN) fense. home to the Global Hawk, which pro- are necessarily absent. Importantly, the bill continues to vides important intelligence, surveil- The PRESIDING OFFICER (Mr. provide for the modernization of our lance, and reconnaissance capabilities YOUNG). Are there any other Senators nuclear forces. This legislation fully for the Air Force. In fact, it was the in the Chamber desiring to vote? authorizes fiscal year 2020 spending on Navy version of the Global Hawk which The result was announced—yeas 90, our nuclear deterrent, including sup- was recently shot down in the Strait of nays 4, as follows: port for all three legs of the Nation’s Hormuz by Iran. [Rollcall Vote No. 187 Leg.] nuclear triad. It also fully authorizes The bill authorizes more than $240 YEAS—90 the warhead life extension programs at million for the Global Hawk Program Alexander Capito Crapo the Department of Energy. and more than $115 million for the Bat- Baldwin Cardin Cruz I want to highlight a couple of tlefield Airborne Communications Barrasso Carper Daines amendments I worked on and are in- Node that is carried on the Global Blackburn Casey Durbin Blumenthal Cassidy Enzi cluded in the legislation relative to Hawk Block 20 aircraft. These invest- Blunt Collins Ernst modernizing our nuclear triad. One of ments in the Global Hawk have been a Boozman Coons Feinstein the amendments that has been in- priority because the Global Hawk Braun Cornyn Fischer cluded requires that the Air Force and BACN system is urgently needed to Brown Cortez Masto Gardner Burr Cotton Graham the National Nuclear Security Admin- provide communications support for Cantwell Cramer Grassley istration report to Congress on the de- operations around the world.

VerDate Sep 11 2014 02:07 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.022 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4601 Finally, I would like to emphasize prise when what they got from John with provocative ideas are just as support for items that some of my col- Adams was two words. The toast that much a celebration of freedom as is a leagues put forward that I think are he penned for them was simply this: flag-raising ceremony or a fireworks critically important both for my State ‘‘Independence forever.’’ It is what we display. This is why the very idea of and for the Nation as a whole. had fought for, what had been won, censorship or a global standard of I am pleased to cosponsor an amend- what people had desired, and their pas- speech and association rouses imme- ment from Senator GRAHAM that com- sion—independence. diate dissent. mits us over the next decade to build- Keeping that independence is indeed We know that these collective under- ing our capacity to produce plutonium the task. I am certain they wanted standings regarding a particular type pits. We must build up this capacity so something much more ambitious and of speech or behavior inevitably lead to we can extend the life of our nuclear eloquent, but they simply got the nug- collective insistence that the problems stockpile and preserve our nuclear de- get of what centered him and what of the world could be resolved if only terrent in the future. should center us. we could agree to compromise on the I also cosponsored an amendment In the Declaration, our Founding Fa- finer points of freedom. Those under- from Senator MURKOWSKI that requires thers recognized that ‘‘Governments standings assume that the intellectual the Defense Department to report on long established should not be changed comfort of the many simply must, just Russian and Chinese activities in the for light and transient causes,’’ but this once, override the ideas of the Arctic, which is an area of the world that true liberty could not thrive in vocal minority. where we need to build up our capabili- the grasp of tyranny. As we prepare to leave Washington in ties in the coming years. Today, freedom reveals itself in the anticipation of Independence Day, I I would similarly express my support lives and actions of every American, would encourage my friends in Con- for Senator HAWLEY’s amendment that and it is our responsibility to preserve gress to challenge their own ideas of requires a report from our military it on the battlefield and through our what freedom looks like. How do they commanders on their ability to deter actions each and every single day. exercise it and enjoy it every day? aggressive actions from Russia and With every confirmation of a district While John Adams probably never China. I hope that can be included on or a circuit court judge, we preserve an imagined a world of cable news and the this legislation as well. essential right guaranteed by the First comments sections, he provided us The bill also includes an important Amendment—the right to petition the with the only context we need when provision from Senator KLOBUCHAR government for a redress of grievances. confronted with the choice of pre- that I cosponsored to help ensure that Earlier this month, I introduced a serving freedom or allowing it to slip the children of National Guard and Re- resolution supporting free speech on away—his admonition: ‘‘Independence serve servicemembers have access to college campuses because it is beyond forever.’’ additional support services in schools. distressing to hear students and their I yield the floor. I cosponsored a provision from Sen- professors argue that encouraging the The PRESIDING OFFICER. The Sen- ator BALDWIN, who joins me on the open exchange of ideas amounts to an ator from Wisconsin. floor today, that will protect veterans’ act of violence. Our Founding Fathers ANNIVERSARY OF THE STONEWALL UPRISING benefits if and when they have to file probably never dreamed they would Ms. BALDWIN. Mr. President, I rise for bankruptcy. I am pleased to cospon- hear of such a thing. This proud hos- today to mark the 50th anniversary of sor her amendment. tility toward diversity of thought a critical milestone in our Nation’s All of these items demonstrate just should serve as a reminder that ques- march toward equality—the Stonewall what a large undertaking the National tions of freedom rarely remain settled. uprising of June 28, 1969. Defense Authorization Act really is. It Last week, famed economist Dr. Art The Stonewall Inn, which opened in includes thousands of provisions and Laffer, who is a beloved Tennessean, 1967 on Christopher Street in Green- represents a lot of work from many was awarded the Presidential Medal of wich Village in New York City, was one Members in support of our military Freedom. The ‘‘father of supply-side of many establishments in cities across servicemembers and their families. economics’’ only became so because he this country that served as sanctuaries I look forward to passing the legisla- was free to learn and apply the knowl- for members of the LGBTQ community tion today and moving it to conference edge that he gained to his own from persecution by police and by soci- and getting it enacted into law for our groundbreaking work that led to the ety at large. men and women in uniform. Laffer curve. In the late 1960s, every State in I yield the floor. Looking beyond Washington, it is America, save one, criminalized same- The PRESIDING OFFICER. The Sen- easy to see many more examples of sex relationships. Many State and local ator from Tennessee. freedom in action each and every day. governments also had harsh laws that FOURTH OF JULY Every Tuesday, my friend and fellow restricted the ability of transgender Mrs. BLACKBURN. Mr. President, I Senator, LAMAR ALEXANDER, hosts people to express their identities, and am so grateful we had the opportunity ‘‘Tennessee Tuesday.’’ This gives us an LGBTQ people were prohibited from to be on the floor this week and to opportunity to meet with Tennesseans gathering socially. As a result, LGBTQ have a discussion about our Nation’s who have come to Washington. They individuals in places like Stonewall security and how we protect and pre- are students, small businessmen, writ- Inn, where they gathered, were tar- serve freedom. I have just a couple of ers, and teachers. They have a host of geted frequently by law enforcement, thoughts that I wanted to bring for- talents that they share, and they have including the New York City Police De- ward as we begin to think about July been allowed to invest in those talents. partment. However, by the late 1960s, 4th and Independence Day and how we Back home in Nashville, we enjoy the LGBTQ individuals had already begun commemorate that day and do honor artistry of some of the world’s most to stand up to police harassment, in- to the heritage and the tradition of talented songwriters, singers, and pro- cluding at places like Cooper Do-nuts that day and of the freedoms that we ducers. Guess what. In the United in Los Angeles in 1959, Compton’s Cafe- enjoy. States of America, they do not have to teria in San Francisco in 1966, and the I came across something this week go seek permission from any govern- Black Cat Tavern in Los Angeles in that I think is just so pertinent to our ment official to write a song about a 1967. discussions of this week as we focus on broken heart or any other act of injus- In the early morning hours of June freedom. In 1826, a very feeble and old tice that they want to write that song 28, 1969, the NYPD raided the Stonewall John Adams received a group of Quin- about, sing that song about, or write Inn and arrested several people, just as cy, MA, town leaders. They were seek- that screenplay about. it had done repeatedly over the days, ing his help in planning an anniversary The connections we form with each weeks, and months prior. But this celebration of the Declaration of Inde- other—whether it be through art, song, night was different. A few brave indi- pendence. They wanted the former or a conversation at a cash register— viduals—particularly transgender President to pen a toast that would be all run deep. The thoughts and emo- women of color, like Marsha P. John- read at the event. Imagine their sur- tions we experience when confronted son and Sylvia Riviera—stood up and

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Representatives as a nonincumbent, nation against members of the LGBT The Stonewall uprising empowered and, in 2012, I became the first out community and recommits to securing thousands of LGBTQ individuals to member of the LGBT community to be justice, equality, and well-being for emerge from shadows and to come out elected to the U.S. Senate in its his- LGBT people in our country. Stonewall publicly as they stood up for their com- tory. is the story of those who came before munity the night of June 28, 1969, and I remember my early years in public us and let their voices be heard—of beyond, putting their lives and their office when there were only about two those who bravely stood up and spoke safety at risk. dozen or so elected officials who were out so that others would not feel com- Along with public protests in Chi- out across the country. We would meet pelled to live in silence or invisibly or cago, Los Angeles, New York, Philadel- on an annual basis to discuss how we in secrecy. phia, San Francisco, Washington, DC, could work together to exchange ideas When we look back at the Stonewall and elsewhere, the Stonewall uprising about legislation that would advance uprising and the activism that grew became a catalyst for the LGBTQ civil equality, and we talked about how we out of that moment, even the most rights movement to secure social and would help to expand our numbers at basic progress seemed as if it would political equality and inspired the for- the local, State, and national levels. I take a revolution to achieve—so we mation of many advocacy organiza- am proud to say that, today, there are had one. We should be proud of the tions. more than 700 out LGBT people who enormous progress that we have made A year later, members of the LGBTQ are serving in elected office across the over the last 50 years. Let us remain community commemorated the first United States. inspired by the courage of this story, anniversary of Stonewall and re- All of these public servants bring the story of Stonewall. affirmed the solidarity of the commu- their unique life experiences to the job, I yield the floor. nity by organizing the first Pride and they give the LGBT community a The PRESIDING OFFICER. The Sen- marches and events in New York City, seat at the table of our local, State, ator from Colorado. San Francisco, Chicago, and Los Ange- and Federal Governmental bodies. Per- S. 1790 les. haps just as importantly, each of these Mr. GARDNER. Mr. President, Con- Now, we remember and celebrate the public servants is a role model for the gress has no greater responsibility Stonewall uprising every year in June next generation. This is important than providing for a strong national as Pride Month. progress, but we are not there yet. We defense and keeping American citizens Three years ago, President Obama have more work to do, and we must safe. declared the Stonewall Inn and its sur- keep fighting to move our country for- The National Defense Authorization rounding area a national monument, ward. Act is one of the most important pieces becoming the first national monument Members of the LGBT community of legislation to be considered by the to commemorate the LGBTQ civil continue to experience bias in policing U.S. Senate. It authorizes the weapons rights movement. and are still at significant risk of vio- systems, programs, and resources that Last month, New York City an- lence and discrimination. According to support the men and women who serve nounced that it would dedicate a the annual hate crimes report, which is our country in the Armed Forces. For monument honoring pioneering published by the Federal Bureau of In- decades, it has been approved with transgender activists and key leaders vestigation, LGBT individuals and, strong, bipartisan support. in the Stonewall uprising, including particularly, LGBT individuals of color In my home State of Colorado, our Marsha P. Johnson and Sylvia Riviera. continue to be the target of bias-moti- military installations, including Fort It would be the first public monument vated violence, but efforts to address Carson, the Air Force Academy, and in the world honoring transgender this violence may be hindered by a con- Buckley, Peterson, and Schriever Air women. tinued lack of trust in law enforce- Force Bases, are on the cutting edge of Just a few weeks ago, the NYPD ment. At least 100 transgender people, readiness in protecting our national se- Commissioner issued an official apol- primarily women of color, have been curity. This legislation is foundational ogy on behalf of the department stat- murdered in the United States since to their mission, their work, and our ing: ‘‘The actions taken by the NYPD the beginning of 2015. show of support for the military. were wrong—plain and simple.’’ No LGBT person in the United States I thank Chairman INHOFE and Rank- I was just a kid when the Stonewall should have to live in fear of being the ing Member REED for their bipartisan uprising happened. I didn’t hear about target of violence. In a majority of leadership on the Senate Armed Serv- Stonewall on the news or even learn States in this country, LGBT Ameri- ices Committee and on the floor. The about it later in my history class. It cans can still be fired, evicted from tremendous responsibility of providing wasn’t until I was in college when, as a their homes, or denied services because for national defense cannot be over- part of my own coming out process, I of who they are or whom they love. Be- stated, and they have handled the proc- began to research the history of the cause there is no explicit, uniform Fed- ess with respect and the seriousness gay rights movement and I learned eral law protecting LGBT people from that it deserves. The security of the more about the events at Stonewall, discrimination in education, employ- United States should always be more the people involved, and the movement ment, housing, credit, and more, too important than any partisan politics, that it created. many Americans are at the mercy of and I appreciate their commitment Five years after Stonewall, in 1974, an inadequate patchwork of State and that they have placed on national de- Kathy Kozachenko became the first local laws. fense above all else. openly gay person elected to political The House took a historic step for- I also thank my colleagues for their office in the United States, winning a ward last month when it passed the bipartisan work on the National De- seat on the Ann Arbor City Council in Equality Act. It is time for the Senate fense Authorization Act. In working Michigan. Three years later, in 1977, to do the same so that all LGBT Amer- with them, I was able to achieve a Harvey Milk was elected to the San icans, no matter where they live, can number of great victories in amend- Francisco City Council. finally have the freedom of full equal- ments for Colorado and the Nation as In 1986, I had the honor of winning ity. well. election to the Dane County Board of This week, I introduced a Senate res- Senator SCHATZ and I have a bipar- Supervisors in Madison, WI. It was my olution to honor the 50th anniversary tisan amendment that will improve the first role in elected office, but I wasn’t of the Stonewall uprising. It is the first public alert system and allow military the first. In fact, I was the third openly resolution in the U.S. Senate to recog- communities access to clean and safe gay person to serve on the Dane Coun- nize the story of Stonewall. This reso- drinking water, which was another

VerDate Sep 11 2014 02:07 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.025 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4603 amendment that we were able to work rado and work to ensure that these We have to get them done, and here is on. bases, which are essential to both na- why: Things are happening right now. I was able to work with Senator tional security and Colorado commu- Two days ago, MSG Michael B. Riley TOOMEY and Senator VAN HOLLEN— nities, remain strong. of Heilbronn, Germany, and SGT Senators from both sides of the aisle— I yield the floor. James G. Johnston of Trumansburg, to impose sanctions on the murderous The PRESIDING OFFICER. The Sen- NY, lost their lives in Afghanistan North Korean regime. ator from Oklahoma. while engaged in combat operations. It We will also vote today to support a Mr. INHOFE. Mr. President, I ask was tragic. bipartisan effort that I authored that unanimous consent to vitiate the yeas Their service and sacrifice is a re- will encourage the U.S. Congress to and nays on the substitute amendment. minder of why this bill is so important. stand with the people of Hong Kong The PRESIDING OFFICER. Is there We have to make sure our troops have and their democratic values while we objection? the very best of everything, and we are urge Hong Kong’s authorities to per- Without objection, it is so ordered. in the process of getting there with manently withdraw their flawed extra- Mr. INHOFE. Mr. President, I ask this bill. dition bill and support human rights in unanimous consent that I and Senator Our prayers are with Master Ser- Hong Kong. JACK REED be given such time as we geant Riley’s and Sergeant Johnston’s When one family member serves our shall consume prior to the vote that families and loved ones. We will never country in uniform, the entire family will take place. forget their service or their sacrifice serves. This legislation supports mili- The PRESIDING OFFICER. Without that they made, reminding us that tary families in Colorado and all over objection, it is so ordered. freedom is not free. the world. It provides the largest pay Mr. INHOFE. Mr. President, in just a There is no doubt in my mind that increase in a decade for troops, and it few minutes, the Senate will vote on the NDAA we are about to pass will continues to support military spouses. the final passage of the National De- give our troops what they need, make The NDAA addresses the challenges fense Authorization Act for fiscal year American families safer, and enable to that servicemembers and their families 2020. us stand up for democratic values face when they live in privatized hous- Throughout the last week and a half, around the world. Let me single out and thank publicly ing, and it expands resources to address we have debated the legislation here on the next speaker, the ranking member, the PFAS water contamination in the Senate floor in a fair process. I Senator REED, for being a great partner many of our military communities. thank my colleagues who have sup- in this. We stayed together on this. We This is an issue of life and health, and ported this bill and have helped to had areas where we disagreed, but we it matters greatly to the people of Col- make a better bill through the amend- got around those, we got things done, orado. I was pleased to work with my ment process. While I would have liked and the end result is a very good one. colleagues to continue addressing to have had more open amendments— I know Senator REED is going to and Senator REED and I both wanted to PFAS contamination. want to recognize, as I do, the signifi- Of course, in Colorado, we are proud have more amendments on the floor— cance of the staff we worked with and to play a very key role in defending the we knew that there was a problem and why that is so important. Of course, we United States. These installations that that we could not do that. want to make sure people know—you I talked about are critical to national We are pleased that we will at least know, Senator REED and I get a lot of security and supporting our operations be able to clear the 93 amendments credit for doing a lot of stuff that other in space. I am thrilled that this year’s that we added on yesterday as part of people do. We truly appreciate these NDAA authorizes the U.S. Space Force the bipartisan substitute amendment people. so that the United States can remain a in the manager’s package. These in- Let me list some of them. First of global leader in space and not fall be- clude the annual Intelligence Author- all, John Bonsell and Liz King from my hind China or any other foreign com- ization Act, the Maritime Administra- staff and from Senator REED’s staff. petitor. tion Authorization and Enhancement They are the ones who really got in- Almost everything in today’s age re- Act, and the Fentanyl Sanctions Act. volved in this, and we feel, without lies on space technology—tele- Ultimately, the job of the NDAA is to them, it would have been almost im- communications, GPS, transportation make tough choices about where we possible—along with other people. logistics, precision agriculture, and, of want to invest our resources. We put We had John Wason, Tom Goffus, course, the U.S. military. Establishing our resources where they matter—in Stephanie Barna, Diem Salmon, Greg the U.S. Space Force will better orga- taking care of our people, in imple- Lilly, Marta Hernandez, Jennie Wright, nize the military to handle space oper- menting the national defense strategy, Adam Barker, Augusta Binns-Berkey, ations and will put all military mem- and in applying recommendations from Al Edwards, Jackie Kerber, Sean bers who work in the space domain the NDS Strategy Commission Report. O’Keefe, Tony Pankuch, Brad Patout, under the same organizational um- This is something we have used as a Jason Potter, J.R. Riordan, Katie Sut- brella. Colorado is home to the North blueprint, and it has been very success- ton, Eric Trager, Dustin Walker, Otis American Aerospace Defense Command ful in taking us through this process. Winkler, Gwyneth Woolwine, Katie and the U.S. Northern Command, and Everyone agrees there are things Magnus, Arthur Tellis, Leah Brewer, it is the legacy home of the Air Force that are going to have to happen in Debbie Chiarello, Gary Howard, Tyler Space Command. As we establish the order to rebuild our military. That is Wilkinson, John Bryant, Patty-Jane U.S. Space Force, Colorado is uniquely why our top line is $750 billion. With- Geller, Baher Iskander, Keri-Lyn positioned to continue its support of out that, we can’t achieve the goals Michalke, Jacqueline Modesett, and our Nation’s military operations in that we all know are necessary. It also Soleil Sykes. space and the mission set that space must happen as soon as possible. We I have a few more so just relax for a involves. can’t delay on this bill. minute. We cannot risk falling behind our for- We still have more work to be done I think the others are actually from eign competitors in the second space on the NDAA. We need to conference it. the minority side, and I am sure Sen- age. In order to guarantee the safety The Conference Committee can some- ator REED is going to be recognizing and security of American citizens, we times take a little bit of time. We them. must maintain our leadership in space know that is going to be done for us. From my personal staff, Luke Hol- operations and defense. I urge my col- We know that we want to get this land, Andrew Forbes, Leacy Burke, leagues to support the National De- thing done by our deadline, which Don Archer, Kyle Stewart, and Bryan fense Authorization Act, which sup- would be October 1. Brody. ports defense operations across the In the month of July, we have to do Lastly, from the floor staff, that is globe and the brave women and men a lot of other things. We have to do an- Laura Dove, Robert Duncan, Chris who serve in the U.S. military. I will nual appropriations bills. We have to Tuck, Tony Hanagan, Katherine Kil- always fight to protect and grow the do the budget deal. So these are some roy, Brian Canfield, Abigail Baker, and presence of the U.S. military in Colo- of our most important responsibilities. Megan Mercer.

VerDate Sep 11 2014 03:07 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.026 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4604 CONGRESSIONAL RECORD — SENATE June 27, 2019 All these people worked hard. They I yield the floor. The 60-vote threshold having been are all a part of this team, and it cer- VOTE ON AMENDMENT NO. 764 achieved, the bill, as amended, is tainly goes far beyond just Senator The PRESIDING OFFICER. Under passed. REED and myself. the previous order, the question is on The bill (S. 1790), as amended, was I yield the floor to Senator REED. agreeing to amendment No. 764, as passed. The PRESIDING OFFICER. The Sen- modified and amended. (The bill, as modified, as amended, ator from Rhode Island. The amendment (No. 764), as modi- will be printed in a future edition of Mr. REED. Mr. President, I rise to fied, as amended, was agreed to. the RECORD.) join Chairman INHOFE in support of the The PRESIDING OFFICER. The The PRESIDING OFFICER. The ma- fiscal year 2020 Defense authorization clerk will report the bill by title for jority leader. bill. I thank the chairman for his great the third time. f bipartisan leadership, thoughtful, sen- The bill (S. 1790), as amended, was or- MORNING BUSINESS sible, and delivering what I think is an dered to be engrossed for a third read- excellent piece of legislation. ing and was read the third time. Mr. MCCONNELL. Mr. President, I It was based on thorough hearings, The PRESIDING OFFICER. Under ask unanimous consent that the Sen- discussions, and debate on both sides of the previous order, the cloture motion ate be in a period of morning business, the aisle, and it came out of the com- is withdrawn. with Senators permitted to speak mittee with strong bipartisan support. The bill having been read the third therein for 10 minutes each. I hope it enjoys that support on final time, the question is, Shall the bill The PRESIDING OFFICER. Without passage. pass? objection, it is so ordered. As the chairman indicated, the bill Mr. RISCH. I ask for the yeas and Mr. MCCONNELL. I suggest the ab- provides for many different aspects nays. sence of a quorum. that are necessary to our national de- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The fense. It provides a pay raise for the sufficient second? clerk will call the roll. men and women of our Armed Forces There appears to be a sufficient sec- The senior assistant legislative clerk who do so much for us. It includes over ond. proceeded to call the roll. 30 provisions to address the privatized The clerk will call the roll. Mr. REED. Mr. President, I ask unan- military housing crisis. It authorizes The bill clerk called the roll. imous consent that the order for the military construction in almost every Mr. THUNE. The following Senator is quorum call be rescinded. State in this country. It provides fund- necessarily absent: the Senator from The PRESIDING OFFICER. Without ing and authorities for our military South Dakota (Mr. ROUNDS). objection, it is so ordered. personnel on the frontlines and for Mr. DURBIN. I announce that the The Senator from Rhode Island. those who are back in the United Senator from Colorado (Mr. BENNET), Mr. REED. Mr. President, I rise States building the ships and the tanks the Senator from New York (Mrs. today to discuss the escalating ten- and advancing the technologies we GILLIBRAND), the Senator from Cali- sions between the United States and need for the future fight. fornia (Ms. HARRIS), the Senator from Iran, my concern about the administra- This bill also contains numerous Vermont (Mr. SANDERS), and the Sen- tion’s current approach—a path that I amendments from many of my col- ator from Massachusetts (Ms. WARREN) am worried will lead us to war—and my leagues, again, on both sides of the are necessarily absent. support for the Udall amendment to aisle, on other issues of great impor- The PRESIDING OFFICER. Are there the NDAA, which will be voted on to- tance, such as the Intelligence Author- any other Senators in the Chamber de- morrow. ization Act, the authorization of the siring to vote? I believe that diplomatic efforts, in Maritime Administration, and provi- The result was announced—yeas 86, concert with our international part- sions addressing the fentanyl crisis and nays 8, as follows: ners, should be pursued immediately to the dangers of PFOS-PFAS in our [Rollcall Vote No. 188 Leg.] avoid another unnecessary armed con- flict in the Middle East. water. YEAS—86 There are numerous provisions here Let me be clear. Iran is a dangerous Alexander Fischer Portman and destabilizing force in the region. It that go beyond the narrow definition of Baldwin Gardner Reed the defense establishment. They are bi- Barrasso Graham Risch supports terrorist proxies and meddles partisan, and they are strongly sup- Blackburn Grassley Roberts in the internal affairs of other states. ported by both sides of the aisle. Blumenthal Hassan Romney Iran continues to pursue ballistic mis- Blunt Hawley Rosen NHOFE sile capabilities in violation of inter- Again, let me thank Senator I Boozman Heinrich Rubio for his leadership. It made a great dif- Brown Hirono Sasse national norms and abuses the rights ference in terms of his approach to this Burr Hoeven Schatz of its own people. Unfortunately, the Cantwell Hyde-Smith Schumer administration’s chosen course of ac- important legislation. Capito Inhofe Scott (FL) Finally, I would like to thank the Cardin Isakson tion with respect to Iran has isolated Scott (SC) Carper Johnson committee staff. Particularly, I would Shaheen the United States from the inter- Casey Jones like to thank the majority staff and Shelby national community and made it more Cassidy Kaine their staff director, John Bonsell. He Collins Kennedy Sinema difficult to collectively address these did a superb job—they did. ‘‘Diligence,’’ Coons King Smith issues. Cornyn Lankford Stabenow The administration’s actions and ‘‘professionalism,’’ and ‘‘bipartisan- Sullivan Cortez Masto Leahy rhetoric related to Iran have created a ship’’ were the watchwords of their ef- Cotton Manchin Tester forts. I thank them for that. Cramer McConnell Thune credibility deficit. This is a fast-chang- Let me thank my staff. In particular, Crapo McSally Tillis ing and dangerous situation, and it is Jody Bennett, Carolyn Chuhta, Jon Cruz Menendez Toomey clear that there is not a consensus Daines Moran Udall Clark, Jonathan Epstein, Jorie Feld- Duckworth Murkowski Van Hollen within the international community man, Creighton Greene, Ozge Guzelsu, Durbin Murphy Warner with respect to Iran’s plans and inten- Gary Leeling, Kirk McConnell, Maggie Enzi Murray Whitehouse tions. McNamara, Bill Monahan, Mike Ernst Perdue Wicker Given these disconnects, it is impera- Feinstein Peters Young Noblet, John Quirk, Arun Seraphin, tive for the administration to provide Fiona Tomlin, and my staff director, NAYS—8 Congress with current, unvarnished in- Elizabeth King, who, with John Booker Lee Paul telligence so that we may reach sub- Bonsell, did a superb job. Braun Markey Wyden stantiated conclusions. Klobuchar Merkley Let me thank the floor staff who Taking a step back, it is important have helped us over the last few days NOT VOTING—6 to recount the actions that have pre- immensely. Bennet Harris Sanders cipitated the current state of affairs. I urge all of my colleagues to join the Gillibrand Rounds Warren Current tensions are an entirely pre- chairman and me in supporting this ex- The PRESIDING OFFICER. On this dictable outcome of the administra- cellent legislation. vote, the yeas are 86, the nays are 8. tion’s ill-conceived approach to Iran.

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The JCPOA com- diplomacy.’’ Comprehensive Plan of Action, or the mits Iran to never seeking to develop Rather than modifying its behavior, JCPOA. or acquire a nuclear weapon and effec- Iran has responded to these demands For example, despite personal con- tively cuts off all pathways for Iran to and subsequent escalatory actions by cerns about the JCPOA before it was achieve a nuclear weapon until at least increasing its malign activities in the signed, former Secretary of Defense 2030. The agreement dramatically re- region, including in Yemen and Syria, Mattis told the Armed Services Com- duced Iran’s stockpile of enriched ura- and announcing that it would stop mittee at his confirmation hearing nium and the number of installed cen- complying with certain aspects of the that ‘‘when America gives her word, we trifuges. It also prevented Iran from JCPOA. If Iran follows through on have to live up to it and work with our producing weapons-grade plutonium threats to completely withdraw from allies.’’ and has subjected Iran to the most in- the JCPOA and resume nuclear weap- In October 2017, Secretary Mattis trusive monitoring regime in the world ons development activities, the United told the Armed Services Committee to ensure it is living up to its commit- States and the international commu- that he believed it was in our national ments. nity will be in a much less unified and interest to remain in the JCPOA. Gen- The JCPOA was appropriately built therefore weaker negotiating position eral Dunford, Chairman of the Joint upon the concept of ‘‘distrust and than we had leading up to the JCPOA. Chiefs of Staff, echoed these senti- verify,’’ and I support efforts by our As I assess the current state of af- ments at the time and cautioned that, European partners, as well as Russia fairs, I see four potential outcomes of in his words, ‘‘the U.S. will incur dam- and China, to preserve the JCPOA de- the current approach being pursued by age vis-a-vis our allies if we unilater- spite challenges the Trump administra- the administration. ally withdraw from the JCPOA. Our al- tion has put in their way. First, Iran could bend to the will of lies will be less likely to cooperate According to General Dunford, in the the administration and announce its with us on future military action to absence of the JCPOA, Iran would like- compliance with the so-called 12 de- prevent Iran from acquiring a nuclear ly resume its nuclear weapons pro- mands laid out by Secretary Pompeo. weapon and less likely to cooperate gram, and, in his words, ‘‘a nuclear- However, Iran has a long history of with us on countering other desta- armed Iran would likely be more ag- struggle against outside forces. A nota- bilizing aspects of Iranian behavior gressive in its actions and more dan- ble example is the Iran-Iraq war of the that threaten our collective interests.’’ gerous in its consequences.’’ 1980s. Additionally, Iranian capitula- The administration should have Unfortunately, the administration’s tion would likely threaten its top pri- sought to work with the international withdrawal from the agreement and re- ority of regime survival, so clearly this community to address the challenges imposition of sanctions has left us iso- is an unrealistic outcome. posed by Iran by building upon the lated from our allies and partners Second, Iran could remain in the foundation of the JCPOA rather than while emboldening the hardliners in JCPOA despite seeing little of the eco- squandering that opportunity in favor Iran. nomic benefits promised by the deal of ‘‘putting Iran on notice’’ and other In May of last year, subsequent to and hope that a future U.S. administra- inflammatory rhetoric. the decision to withdraw from the tion would return to the agreement. Just over a year ago, President JCPOA, Secretary of State Pompeo ar- Iran’s recent announcement that it Trump made the disastrous decision to ticulated a set of 12 ‘‘demands’’ and in- would stop complying with aspects of unilaterally withdraw the United dicated that ‘‘major changes’’ would the JCPOA is a signal that it views the States from the JCPOA and reimpose need to be made by Iran before sanc- current arrangement as unsustainable nuclear-related sanctions, in violation tions relief would be provided. The ad- and is willing to abandon the JCPOA of previous U.S. commitments under ministration has sent mixed messages completely if its economic situation the deal. Since withdrawing from the on whether its demands should be does not improve in the near term. deal, the Trump administration has viewed as a set of preconditions for dis- Third, Iran could agree to return to taken a series of additional escalatory cussions on sanctions relief. The de- the negotiating table, seeking a reduc- actions, including the imposition of mands outlined by Secretary Pompeo tion in tensions and easing of sanc- new sanctions on various aspects of the are widely viewed as maximalist and tions. However, both the administra- Iranian economy; cancellation of waiv- leave little room for negotiation, espe- tion and Iranian leaders have made ers that previously allowed importa- cially given that the administration clear that they are not interested in tion of Iranian oil by China, India, has already reneged on previous diplo- such an approach. Japan, South Korea, and Turkey; and matic commitments related to Iran’s In announcing the administration’s the designation of the Iranian Revolu- nuclear program. strategy for Iran last May, Secretary tionary Guards Corps—often referred Without greater certainty by the ad- Pompeo stated that President Trump is to as the IRGC—as a foreign terrorist ministration on what specific actions ‘‘ready, willing, and able to negotiate a organization. would need to be taken by Iran to re- new deal’’ but also made clear that ‘‘we The designation of a foreign govern- lieve U.S. economic pressure, I fear will not renegotiate the JCPOA itself.’’ ment entity as a foreign terrorist orga- that Iran has little incentive to engage On May 8, Iranian President Rouhani nization was unprecedented, and it is in negotiations. stated: not clear what purpose it served other Indeed, the administration has fol- We are ready to negotiate, within the than to unnecessarily raise tensions lowed that initial set of 12 demands boundaries of JCPOA. . . . It is not us who with Iran. As I learned during a recent with a succession of orchestrated steps left the negotiation table. visit to Iraq and Afghanistan, the IRGC to force Iran into an ever-smaller cor- These seem to be irreconcilable posi- designation has significantly com- ner that only serves to increase the tions, especially after the latest round plicated our relationships with foreign odds of miscalculation and reduce dip- of sanctions directed at the Iranian partners who described the action as lomatic opportunities. The economic leadership. provocative and destabilizing. sanctions by the United States have Lastly and most significant, I be- While the JCPOA was not a perfect left the Iranian economy reeling, with lieve, the current approach could result deal, it was a necessary deal. It is im- its gross domestic product shrinking in a military conflict between the portant to remember that when the by 5 percent and the inflation rate ris- United States and Iran. The destruc- JCPOA was signed, Iran’s ‘‘breakout’’ ing by 50 percent. tion of an American unmanned drone timeline—the amount of time Iran As part of this so-called ‘‘Maximum flying in international airspace by a would need to produce enough fissile Pressure’’ campaign, the administra- missile fired from Iran is an example of material for a nuclear weapon—was tion has just announced personal sanc- the potential for widespread conflict. only 2 to 3 months. Even by the most tions against Supreme Leader Ali Only at the last minute did President

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The administra- conventional and asymmetric capabili- tion we are in after months of the mis- tion must come to Congress if it seeks ties should dispel any notion that con- guided ‘‘maximum pressure’’ campaign. to pursue offensive military action. flict with Iran would be quick or could Iranian action, either directed by na- Likewise, any consideration of mili- be won only through the use of U.S. air tional leadership or mistakenly taken tary action against Iran must fully ac- power. As former Secretary of Defense by zealous supporters, could put us on count for the likely cost of such an en- Robert Gates reportedly said in a re- an escalatory ladder of strike and gagement—in lives, resources, poten- cent speech: ‘‘If you think the war in counterstrike that would involve the tial negative impact on the global Iraq was hard, an attack on Iran would, entire region from Afghanistan to the economy, disruption of U.S. bilateral in my opinion, be a catastrophe.’’ Levant. relationships, and other unintended He continued: ‘‘[Iranian] capacity to In addition and equally troubling is consequences. The administration wage a series of terror attacks across that an unarticulated goal of this so- must provide the American people with the Middle East aimed at us and our called ‘‘Maximum Pressure’’ campaign a clear-eyed assessment of what those friends, and dramatically worsen the is to prompt Iran to leave the JCPOA costs may be in advance of any con- situation in Iraq, Afghanistan, Leb- either officially or by gradually in- templated military engagement. anon, and elsewhere is hard to overesti- creasing its stock of highly enriched The Trump administration’s mate.’’ uranium or other aspects of its nuclear escalatory attacks may soon place Iran All of the competent military ana- program. This could give advocates for in an untenable position. As a result, lysts I have engaged with believe that a military strike on Iran increased le- Iran may seek to change the status quo we cannot conduct an effective land verage. Again, such a strike, even tar- by initiating a limited military con- campaign in Iran, and an extended air geted to nuclear facilities, would likely flict with the United States, thereby and sea campaign will undercut the prompt a regional asymmetric response requiring the intervention of the inter- by Iran, with significant military as priorities laid out in the national de- national community. If such a scenario fense strategy, which focuses not on well as economic consequences. comes to pass, our recent efforts to Like all of my colleagues, I am deep- the Middle East but on Russia and deter Iran through the deployment of China. ly concerned about Iranian threats to additional military capabilities to the U.S. personnel facilities in the Middle Absent the full mobilization of our region will have failed, and even a lim- Armed Forces and those of our allies, East. U.S. forces have the unquestioned ited conflict would be very difficult to and inherent right to defend them- ground operations in Iran are simply manage or to bring to a conclusion. beyond our capacity. The last ground selves, but absent an Iranian directed The President and others in the ad- war involving Iran, the Iran-Iraq war of or sponsored attack or the imminent ministration have consistently the 1980s, resulted in the death of near- threat of such an attack on U.S. per- downplayed the potential costs of con- ly 1 million troops, the majority of sonnel facilities or key strategic inter- flict with Iran. In fact, just yesterday, whom were Iranians who died fighting ests, military actions should be pur- the President said that ‘‘if something a superior Iraqi military during a bru- sued only as a last resort and as part of should happen [with Iran], we’re in a tal and prolonged conflict. There is an international coalition, which the very strong position. It wouldn’t last clearly no widespread U.S. or inter- administration has so far failed to very long.’’ The President’s assessment national support for another such mili- bring together. is undercut by his own Director of Na- I will be supporting the amendment tary engagement in the Middle East. tional Intelligence Dan Coats, who told offered by Senator UDALL because it Considering the costs associated with Congress earlier this year: would make clear that any offensive ground operations, a more limited con- military action against Iran must be Iran continues to develop and approve a range of new military capabilities to target flict involving a series of tit-for-tat ac- consistent with domestic and inter- U.S. and allied military assets in the region, tions is far more likely, with Iran uti- national law, including a specific au- including armed UAVs, ballistic missiles, ad- lizing its asymmetric advantages and thorization for the use of military vanced naval mines, unmanned explosive proxies in response to U.S. precision force, or an AUMF, provided by Con- boats, submarines and advanced torpedoes, and standoff strikes. gress. and antiship and land-attack cruise missiles. It is unlikely that U.S. deterrence In this context, the President’s dem- Iran has the largest ballistic missile force in could be quickly reestablished under onstrated willingness not just to bend the Middle East and can strike targets up to such a scenario, and Iran may use the the facts but to indulge, in certain 2,000 kilometers from Iran’s borders. Russia’s delivery of the SA–20c SAM system in 2016 time to restart and advance its nuclear cases, in fabrications is particularly weapons efforts, thereby increasing its concerning and unacceptable when it has provided Iran with its most advanced long-range air defense system. negotiating leverage and also making may come to deploying our troops into In addition to the conventional mili- the situation much more volatile. harm’s way. Congress has the responsi- War with Iran is not inevitable. To bility to demand and, if necessary, tary capabilities laid out by Director Coats, Iran maintains a network of date, the administration has tried to challenge the basis for unsupported as- use every instrument of national power sertions of Iranian aggression and proxy forces throughout the region, to get Iran to change its behavior—ex- provocation that could be used to take many of whom operate in close prox- cept diplomacy and negotiations. The this country to war. imity to U.S. military personnel in Echoing one of the themes used in Iraq and Syria. They maintain the ca- administration’s ill-conceived ap- the Bush administration’s justification pability to conduct lethal action proach has not worked, and the time for the 2003 Iraq war, Secretary of against our forces and facilities with- has come to try real and sustained di- State Pompeo testified to the Senate out notice. plomacy, rather than relying on coer- in April that ‘‘there’s no doubt there is Recently retired commander of the cion. a connection between the Islamic Re- U.S. Central Command, General Votel, I urge the President and those in the public of Iran and al Qaeda. Period. told the Armed Services Committee in administration to take this moment of Full stop.’’ And he refused to rule out February: high tension to engage with our allies the use of the 2001 AUMF as a means to The Iranian regime masks its malign ac- and partners with the goal of seeking a conduct military action against Iran. tivities through proxies and surrogates en- diplomatic solution to the current situ- While Iran is a state sponsor of ter- abled by the Iran Threat Network in Yemen, ation. In that context and in that spir- Syria, Iraq, and Lebanon. Iran is also at- ror, I am not aware of compelling evi- it, I will support the Udall amendment tempting to build ground lines of commu- tomorrow. dence to suggest Iran or Iranian affili- nication through Iraq and Syria into Leb- ated groups are an ‘‘associated force’’ anon to support its proxy Hezbollah. Iran has I yield the floor. of al-Qaida for the purposes of the 2001 gained influence with Iraq’s armed forces The PRESIDING OFFICER. The Sen- AUMF. with the formalization of Popular Mobiliza- ator from Texas.

VerDate Sep 11 2014 03:07 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.031 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4607 BORDER SECURITY funding in some areas, the newly for our colleagues in the House to pass Mr. CORNYN. Mr. President, the amended version still includes divisive the Senate’s bipartisan bill. 116th Congress, so far, has just talked provisions and reduces funding in areas f that the Senate overwhelmingly re- about the humanitarian crisis at the S. 1790 border. Most of our Democratic col- jected yesterday. leagues have claimed up to this point Here is just one example. Democrats Mr. CORNYN. Mr. President, on an- that there is no crisis or emergency at in the House cut the Senate bill’s ap- other note, I listened with great inter- the border. propriation of $21 million for ICE est as the ranking member of the Sen- We will recall that we started out the Homeland Security investigations to ate Armed Services Committee, the year with a government shutdown be- conduct—get this—human trafficking Senator from Rhode Island, spoke cause of the battle over border secu- investigations. So the House wanted to about Iran and the challenges we face rity, and our Democratic friends made cut $21 million in the Senate appropria- there. I agree with some and maybe one thing perfectly clear: They would tions bill that was dedicated to inves- even most of what he had to say. The American people were appalled oppose any effort to fund our security tigating human trafficking. This is just when, last week, Iran took down an un- mission at the border. That resulted in the latest example of their funda- manned American aircraft over inter- the 35-day shutdown. mental lack of interest in sending The Speaker of the House at the time money where it is needed most—only national waters. As the Senator said, ordinarily, Iran operates by proxies or called the situation ‘‘a fake crisis at where it is politically convenient. by third parties, whether it is the Shia the border,’’ and the minority leader It is unfortunately not much of a sur- militia in Iraq or Hezbollah or one of here in the Senate referred it to as ‘‘a prise. Our Democratic friends are try- their other terrorist proxies like those crisis that does not exist.’’ Well, they ing to keep up with their candidates operating in Yemen, the Houthis. But weren’t the only ones. Throughout the running for President, whose positions Iran escalated its attack against the Halls of the Capitol, Democrats in Con- on immigration and border security get United States by shooting an un- gress used terms like ‘‘phony,’’ ‘‘imagi- more extreme each day. Now, more manned drone flying over international nary,’’ and ‘‘make-believe’’ to describe than one Democrat running for the waters, so it was quite a shocking the challenges our frontline officers nomination for President actually sup- move from that standpoint, even from and agents were facing every day. ports making entering the country ille- gally legal—in other words, no orderly a nation as untethered as Iran. While our Democratic colleagues Iran has been engaged in a 30-year immigration system at all—a free-for- have reflexively denied the existence of conflict with the United States, one all, where it is easier for human traf- a crisis at the border, the problems that has resulted in the death of U.S. fickers and drug smugglers to come have grown only bigger each day. Of servicemembers in Iraq and else- and go as they please. And, of course, course, it was 2014, I will remind my where—victims of explosively formed friends across the aisle, when Barack there is this: no consideration given for penetrators and other training that the Obama, then President of the United those would-be immigrants who are IRGC, the Iranian Revolutionary States, declared a humanitarian and trying to wait patiently in line and do Guard, their Quds Force, their Special security crisis at the border. So it things exactly the right way and no Operations force—the training they seemed very odd to me that, in 2019, consideration of the unfairness of those gave to terrorists operating in Iraq to they decided—when the numbers kept who would jump ahead of the line and kill Americans. getting bigger and bigger and condi- enter the country illegally before those Then there is the periodic harass- tions worse and worse—all of a sudden who are trying to do it the right way. ment of American and other inter- that the humanitarian and security The House bill stands in stark con- national vessels operating in the Strait crisis had gone away. trast to the bipartisan agreement we of Hormuz, a narrow strait through The fact is, over the last 3 months, passed here in the Senate, which funds which a huge portion of the world’s en- the number of illegal crossings across a range of programs at the Federal de- ergy supplies flow. So this is, in some the southwestern border have hit six partments and agencies working to ways, an escalation of what has been a figures, something we haven’t seen manage the crisis, and, importantly, it 30-year conflict between Iran and the since 2006. We surpassed the number of is the only bill in town that has the United States. unaccompanied children apprehended support of the President. It is, after all, Tehran has waged acts of aggression at the height of the 2014 crisis that important to get the President’s signa- against the United States and our al- President Obama was speaking about. ture on legislation for it to become lies. It has exported terrorism around This mass migration has nearly de- law. the globe. It is the No. 1 state sponsor pleted our Federal resources, causing The Senate Appropriations Com- of international terrorism, and it has the President to request $41⁄2 billion for mittee overwhelmingly supported this engaged in gross human rights viola- humanitarian assistance and border op- bill, and it passed the committee by a tions against its own people. erations. That request came almost 2 vote of 30 to 1. When the full Senate As I indicated, Iran’s Islamic Revolu- months ago—almost 2 months ago, and voted on it yesterday, only eight Mem- tionary Guard Corps, or IRGC, is the Congress has not acted. bers of the Senate voted no. loyal henchman responsible for leading Now, it seems, our Democratic col- We have simply waited long enough. these acts. It is a branch of Iran’s leagues have finally accepted the facts. We waited too long, in my view, for Armed Forces which tries to squash de- There is a very real and very urgent Democrats to acknowledge this real mocracy movements at home and humanitarian crisis on our southern humanitarian crisis. The House bill is abroad by pushing its extreme ideology border. The bill they passed earlier this inadequate and mostly a partisan ef- beyond Iran’s borders. week meets the dollar amount re- fort. The Islamic Revolutionary Guard quested by the President, but the sub- Our Democratic colleagues have re- Corps wields vast power and influence stance of the bill shows that House sisted acting for far too long already, and uses its capabilities to encourage Democrats don’t want to send funding making this humanitarian crisis worse. turmoil and conflict and violence where it is actually needed the most. They circulate the very tragic pictures throughout the Middle East. It funds Unlike the Senate’s bipartisan bill, of a father with his young child face arms, training, and foot soldiers to the the original House bill excluded fund- down in the waters of the Rio Grande terrorist groups that spread their rad- ing for the Department of Defense, im- River, and they somehow fail to ac- ical ideology. migration judge teams, and under- knowledge their own complicity in fail- While the terrorist activities alone funded both Immigration and Customs ing to act to provide the sorts of fixes are enough to cause concern, the IRGC Enforcement and Customs and Border to our asylum laws that would deter, if is also in control of Iran’s ballistic mis- Protection. This morning, they made a not prevent, that sort of thing from oc- sile program, which unfortunately has last-ditch effort to inject some of their curring in the first place. They really only accelerated under the previous ad- deeply partisan provisions back into do need to look in the mirror. ministration’s deeply flawed nuclear our Senate bipartisan bill. While the We need to take action now, and I deal, known as the Joint Comprehen- House Democrats did increase needed hope we don’t have to wait any longer sive Plan of Action, the JCPOA. Once

VerDate Sep 11 2014 03:07 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.033 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4608 CONGRESSIONAL RECORD — SENATE June 27, 2019 we saw the details of that deal in 2015, every turn have demonstrated a desire our allies will stand with us in con- it quickly became clear that it was not not only to escalate the conflict with fronting the tyrants in Iran and doing much of a deal at all. If the goal is to the United States and our interests and everything in our power to push back prevent Iran from getting a nuclear allies but to spread their violent extre- against the world’s largest state spon- weapon—well, it obviously failed in mism without regard for anyone else. sor of terror. that goal. I have to say it has been 74 years I yield the floor. As the majority leader said at the since a nuclear weapon was exploded The PRESIDING OFFICER. The Sen- time, it ‘‘appears to fall well short of during World War II, and I hope and ator from Connecticut. the goal we all thought was trying to pray there is never again a nuclear f be achieved, which was that Iran would weapon exploded on our planet, but can S. 1790 not be a nuclear state.’’ you imagine Iran, the No. 1 state spon- Despite the restrictions it would im- sor of international terrorism, getting Mr. BLUMENTHAL. Mr. President, pose, the deal would leave Iran with a a nuclear weapon? We can never ever tomorrow this body faces an oppor- vast nuclear program and allow it to allow that to happen. tunity, in fact, an obligation to re- continue to conduct research and de- This last week marked the 23rd anni- assert its proper constitutional role in velopment on advanced centrifuges and versary of a notable episode in Iran’s warmaking. I urge my colleagues to support the building intercontinental ballistic mis- sad history of terrorism. That was the Udall-Kaine amendment, a provision to siles. 23rd anniversary of the Khobar Towers prohibit funding for unauthorized and Perhaps worse, the nuclear deal bombing in Saudi Arabia. In 1996, a unapproved military operations would lift those restrictions in a dec- truck bomb was detonated adjacent to against Iran. No vote will be more im- ade. In other words, it was 2015 when a building housing members of the U.S. portant during this session than the the JCPOA was signed by the relevant Air Force’s 4404th Wing, killing 19 U.S. one we cast tomorrow. It is not only parties. So by postponing Iran’s ability Air Force personnel and a Saudi local to develop a nuclear weapon, we are al- the imminence of potential conflict, it and wounding 498 others. is the reality that we would be surren- ready half of the way there almost. It If Tehran expects to continue export- dering our proper constitutional re- is no wonder that then-Israeli Prime ing terrorism and violence around the sponsibility and our right if we fail to Minister Benjamin Netanyahu deliv- world without a response from the adopt this amendment. The American ered an address to Congress in March of United States and our allies, they are people already believe we have ceded 2015 and said the JCPOA ‘‘doesn’t block sorely mistaken. too much authority to the executive Iran’s path to the bomb; it paves Iran’s If Iran can continue to escalate with branch; that we are implicitly, if not path to the bomb.’’ That certainly no response from the United States or directly and explicitly, approving an seems to be the case. We have seen Iran our allies, they are going to continue imperial presence. This amendment violate the nuclear deal and U.N. reso- to escalate as much as they can, which puts us to the test before the American lutions time after time, and it is clear I think is more dangerous than a pro- people. that their resolve to create nuclear portional U.S. response to what hap- The Congress has a job to do. We weapons remains their highest pri- pened in the Strait of Hormuz. should do that job tomorrow. We ority. The President has opted for hard-hit- should insist that we have the author- Just a year ago, President Trump an- ting sanctions, which I think are a ity and we have the obligation to con- nounced the United States would pull good start. Those sanctions announced sider whether there are military oper- out of the nuclear deal, a decision I by the administration earlier this week ations against Iran. strongly supported. Even at the time represent an appropriate response to We can talk about policy. There is no Secretary Kerry, the Secretary of the Iranian escalation consistent with question that Iran is a malign and State, admitted that the tens of bil- President Trump’s maximum pressure treacherously bad actor in that part of lions of dollars the United States re- strategy on Iran. These sanctions will the world. There is no doubt that it leased to go to Iran would be used to deny the Supreme Leader, the Supreme poses a clear and present jeopardy to fund their terrorist activities, he sup- Leader’s office, and close affiliates ac- the world community. Iran may well ported it nonetheless. He supported it cess to resources they need to finance have installed mines on the two tank- even though it paved the way for Iran their rogue regime. There is no ben- ers that were severely damaged re- to get a nuclear weapon 10 years after efit—in the interest of peace—to apply- cently and may well be the culprit in the JCPOA was signed. ing anything less than maximum pres- shooting down an American drone in Since the Trump administration has sure on Iran to change their behavior. the past week, but the United States is withdrawn from the JCPOA, it has The tentacles of the IRGC run deep on a perilous course. We are on a dan- taken resolute action against Iran, in- into their economy, and these sanc- gerous course toward continued esca- cluding stronger sanctions on entities tions will prevent them from amassing lation and possible miscalculation that and individuals and the designation of even greater power to develop sophisti- may create a spiral of uncontrollable the IRGC as a foreign terrorist organi- cated weapons. military responses. zation, which it clearly is. Somehow, We have seen reports that the eco- It isn’t that we have a dangerous pol- though, despite the unprovoked at- nomic challenges they are encoun- icy, it is that we have no policy, no tacks, flagrant violations of inter- tering as a result of the sanctions al- strategy, no endgame articulated by national agreements, and human rights ready in place are making it harder for the President of the United States or violations, some of our friends on the them to finance their terrorist oper- anyone in this administration. To re- left and the mainstream media have ations through their proxy. sort to military action rather than re- grossly mischaracterized the situation The actions taken by Iran show that liance on diplomatic approaches is a and have somehow managed to point they are feeling the squeeze of these recipe for potential disaster. the finger at the Trump administration sanctions, and they know exactly what This unintended escalation could re- for starting the fight in the first place. they need to do before they can get re- sult from more miscalculation or it They want to blame America, and they lief. As Secretary of State Pompeo could result from purposeful desire on want to blame this administration. said, ‘‘When the Iranian regime decides one side or both sides among a small Let me be clear. Iran is the aggres- to forgo violence and meet our diplo- number of advisers or military leaders sor. Their history as the chief mischief- macy with diplomacy, it knows how to that there be a resort to kinetic activ- maker in the Middle East began long reach us.’’ ity, but we have, in the meantime, an before President Trump took office, so I sincerely hope to see the day when opportunity to resort to diplomacy, to don’t lay this at his feet. From the the Iranian people can live without enlist our allies and partners. This sit- Iran hostage crisis to their outright fear, when their government respects uation is the result of our putting support of terrorist groups in the Mid- its own citizens and international al- those allies, in part, in an extraor- dle East, to this latest strike at a U.S. lies and lives by international norms dinarily difficult position. aircraft, something they admitted— and finally decides to forgo its nuclear The current tensions with Iran today they said: We did it—their actions at weapons. Until that day comes, I hope are the direct result of President

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His approach to foreign pol- health effects and financial burden than 16 years of military services icy has been indecisive and chaotic, from residing in hazardous housing, counterintuitively penalizes the men and that is partly the reason why ten- one point was absolutely clear: Our Na- and women who have served this coun- sions have escalated with an adversary tion is failing military families who try in uniform for the longest time. rather than preserving key nuclear live in this military housing. The con- My amendment would make the post- agreements and engaging in diplomacy. ditions, widespread and prevalent, are 9/11 GI bill an earned benefit rather We must now deescalate and resort entirely unacceptable. I was heart- than a retention tool and ensure that to diplomacy. Even if one disagrees broken to hear much of this testimony all servicemembers who have com- with that point, puts aside the Presi- from military families who already pleted 10 years of service in the armed dent’s bellicose and bullying rhetoric, sacrifice so much and who have strug- services and Armed Forces are eligible and even if there is the thought that gled to secure safe and livable condi- to transfer their benefits to dependents Iran is solely and completely respon- tions. at any time, both while serving on Ac- sible for this situation, the United I visited some of the homes at the tive Duty and as a veteran. States should not engage in military New London base, and I was struck by Despite the passage of the NDAA and operations without the authorization the mold, the repairs that were needed, the need for this amendment con- of Congress. Yes, it may defend against the defects in appliances, and the com- tinuing, I will continue to champion or deter an immediate attack that is so plaints about lack of proper air-condi- equitable education benefits for our urgent that defense of the country has tioning and heating. We owe our mili- military families. to be undertaken by the Commander in tary families much better, and we owe This year’s NDAA makes important, Chief. But this Senate should prevent law enforcement the support they need unprecedented investments in the sub- the President from entering and start- to crack down on fraudulent private marines, helicopters, and aircraft built ing and engaging in another war in the contractors. in Connecticut. They are not only man- Middle East under the misguided idea I am also proud that the NDAA in- ufactured in my State—employing that there is a 2001 authorization that cludes my provision to prohibit the thousands of skilled workers vital to allows him to do so legally. Trump administration from modifying our defense industrial base—but they Let me be perfectly clear. A failure military installations to detain mi- are also critical to our national secu- of the prohibition funding amendment grant children who have been forcibly rity. They keep our country safe, and we will consider tomorrow is not itself separated from their parents. The sepa- they make sure our Nation and our an authorization for the President to ration policies of this administration military have a fair fight. They play a wage war with Iran. The Constitution have been absolutely abhorrent and vital role in our defense industry trumps any statute. The Constitution antithetical to our values and ideals. thanks to the unparalleled skills and requires action by Congress. Without They have been shameful and disgrace- unstinting dedication of our manufac- congressional authorization and any- ful. turing workforce. Because of that thing short of specific authority for We have seen the photos, and those workforce, we are able to build the best declaration of war from Congress, pictures are worth a thousand of my submarines and the best F–35 engines starting or waging a war with Iran words today, but the misuse of mili- and other aircraft engines and heli- would be unconstitutional. tary resources, as I have repeatedly copters in the world—not only through But the NDAA on the floor this week emphasized, to implement this admin- that skilled workforce and those major is an opportune time—in fact, a perfect istration’s radical immigration en- contractors but the workers at sup- opportunity—for Congress to reassert forcement agenda—this provision is a pliers and contractors, who are equally its constitutional authority over the small but necessary step toward pro- vital. role of the declaration of war. We must tecting migrant families from the cru- Last year, we built two submarines. seize this moment. We can’t simply elties of this family separation policy. This year, there will be two more, with allow or rely on the outdated 2001 au- It is only the beginning. We need to en- procurement for another major part of thorization for the use of military sure that the Department of Homeland a submarine. As we begin accelerating force. We cannot allow its intent to be Security reimburses the Defense De- production of those Virginia-class sub- so distorted and stretched and our con- partment when military resources are marines, the New London Sub Base stitutionally required oversight to be used for support at the border. This must have the capacity to support in- disregarded. We have an obligation to kind of measure will hopefully prevent creased submarine output. That is why conduct oversight continually and push DHS from using the Pentagon as a I fought for $72.3 million to replace back on an administration that makes piggy bank—a financial resource for Pier 32 at Sub Base New London, ensur- false claims to advance its warmon- cruel and inhumane policies. ing a modern landing to accommodate gering agenda. We need to ensure that the President multiple Virginia-class submarines. The NDAA we passed today gives us is stopped from abusing his Executive I was proud to lead the fight for in- the authority to undertake our defense authority by deploying troops to assist creased investment in those Virginia- of the Nation. in deportation. class submarines. That included $4.7 f We also considered floor amendments billion for those two submarines and to the NDAA. I want to highlight an nearly $4.3 billion in that advance pro- S. 1790 amendment that I offered to improve curement for a third Virginia-class Mr. BLUMENTHAL. Let me begin by equity in the post-9/11 GI bill benefit. submarine. thanking Ranking Member JACK REED Last July, the Pentagon issued a new The NDAA also includes $2.3 billion— of Rhode Island and Chairman INHOFE policy on servicemembers’ ability to which is $140 million above the Presi- of Oklahoma, as well as my other col- transfer unused education benefits to dent’s request—for the Columbia-class leagues on the committee and my staff, their family members. These new poli- program. who have worked tirelessly on this to cies prevent servicemembers with more I was proud, as well, to champion include key elements of my proposal than 16 years of military service from over $10 billion for 94 F–35s, which are that are important to our military, as transferring education benefits at the important to all of our military serv- well as to our Nation. time that military servicemembers opt ices. That is an additional 16 above the This NDAA includes comprehensive to transfer rather than when they be- President’s request. reforms to the Military Housing Pri- come eligible. The Pentagon argues In helicopter production, we will vatization Initiative. It changes mili- that these changes were made to en- keep faith with the warfighters and tary housing in ways that are long sure that the Department keeps a key with our defense industrial base at Si- overdue and will prioritize families, en- retention tool—all while breaking our korsky. sure long-term quality assurance, and promise to military families by moving Today’s effort is a tribute to the enhance accountability. the goalpost of transfer eligibility and leadership and the bipartisan efforts in

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The Sen- their lives in defending the thin blue ing it. . . . But the farthest the family got ator from Colorado. line. was an international bridge in Matamoros, Mexico. On Sunday, they were told the f So for the second time this year, I bridge was closed and that they should re- come to the floor of the U.S. Senate REMEMBERING WILLIAM MODEN turn Monday. Aid workers told The Post the and remember the words of LTC Dave line to get across the bridge was hundreds Mr. GARDNER. Mr. President, I rise Grossman, who said, ‘‘American law long. today to honor an officer of the Colo- enforcement is the loyal and brave The young family was desperate. Standing rado State Patrol whose watch trag- sheep dog always standing watch for on the Mexican side of the Rio Grande, ically came to an end earlier this the wolf that lurks in the dark.’’ America looked within reach. Martinez and month when he was killed in the line of I hope the outpouring of love and Valeria waded in. But before they all made it duty. to the other side, the river waters pulled the support that Trooper Moden’s family 25-year-old and his daughter under and swept On June 14, 2019, Trooper William and friends have received in the past them away. Moden was responding to an accident few weeks bring them a small bit of Later, when Mexican authorities re- that occurred on I–70 in Deer Trial, CO. comfort. covered their bodies, Oscar and Valeria He was doing what he did every day— To Trooper Moden’s family and loved were still clinging to each other. responding to an incident and giving a ones, our State thanks you for your Here in the United States, it is hard helping hand to Coloradans in need. He service, sacrifice, and willingness to to imagine what kind of desperate con- was assisting the passengers of a vehi- share William with the people of Colo- ditions would propel you to flee your cle who were involved in a crash—one rado. home and embark on a perilous journey of whom was an 18-month-old child— Thank you. in search of protection from a foreign when he was struck by a passing vehi- I yield the floor. nation. cle. The PRESIDING OFFICER. The Sen- Most of these families who arrive at Like too many of our Nation’s law ator from New Jersey. our border come from Guatemala, El enforcement officers, Trooper Moden f Salvador, and Honduras—three coun- gave his life while protecting and serv- BORDER SECURITY tries that are collectively known as the ing others. Northern Triangle. It is a region that William Moden was 37 years old and Mr. MENENDEZ. Mr. President, I is plagued by transnational gang vio- had served in the Colorado State Pa- come to the floor once again to speak lence, weak institutions, and poverty. trol for 12 years. His fellow troopers re- about a humanitarian crisis that is not Young boys are forced into servitude member him as someone whose uni- taking place in Yemen or in Syria or in by gangs. Young girls are beaten and form was always perfect and whose any foreign country but, rather, right raped if they refuse to become their boots were always polished. There is no here at the southern border of the girlfriends. Parents who try to protect doubt for any of them that he was United States. their children end up getting killed. They say a picture speaks a thousand meant to serve and that he did so with These countries are among the most words, but I think it is even more than the utmost honor and dignity. dangerous in the world. In El Salvador, While Trooper Moden carried out his that. Photographs have the power to a woman is murdered every 19 hours, duties with seriousness, his friends and cut through noise, speak the truth, and and in Honduras—the country with the loved ones remember him as someone invoke action. highest homicide rate in the world for with a tremendous sense of humor. At We all remember the heartbreaking women—a woman is killed every 16 a memorial service held last week, he image of a little boy who was covered hours. was described as having an infectious in ash while he sat in an ambulance in To be blunt, these families face an laugh—a laugh that was usually the Syria. It told us all we needed to know impossible choice. It is either stay and loudest in the room. Many at the serv- about acts of mass murder committed die or flee for a chance to live. ice remembered the time he put on a by Bashar al-Assad. Likewise, we re- Well, if this horrific and tragic pho- dog’s shock collar just to see how it member the look in the eyes of the tograph does anything, I hope it dispels felt and to make others laugh. These malnourished girl who was on the us of the ludicrous notion that you can are the kinds of memories his loved brink of death in Yemen—one of more deter desperate families from fleeing ones will remember forever. than 85,000 children to have succumbed their homes in search of safety. That is Just as he answered when his Colo- to hunger during Saudi Arabia’s disas- how the Trump administration de- radans called, his friends and family trous bombing campaign. Yet the scribes its cruel policies at the border— say he was someone who could always photo I have brought to the floor today deterrence. be counted on. He was reliable, depend- has shaken me to the core as a father, In the name of deterrence, it is tear- able, and they often described him as as a grandfather, as a son of immi- ing children and babies away from their ‘‘knight in shining armor’’— grants, and above all else, as an Amer- their mothers and fathers. In the name someone who is always there to provide ica. of deterrence, it is shutting down le- care and comfort. The chief of the Col- Like the other photographs I men- gitimate ports of entry, effectively en- orado State Patrol, Colonel Matt Pack- tioned, this one tells a story too. This couraging migrant families to seek ard, described William Moden as ‘‘the one speaks an ugly truth, and that more dangerous methods of getting true personification of what it means truth is that President Trump’s cruel, into the United States, like crossing to be a Colorado State Trooper.’’ inhumane, and un-American border the Rio Grande. In the name of deter- At the memorial service last week, policies have failed. They have failed rence, children are being housed in un- Trooper Moden was awarded the title to make us safer. They have failed to sanitary conditions, which leaves in- of ‘‘Master Trooper’’—a rank given reduce migration to our border. They fants in dirty diapers and children only to those who show great leader- have also failed to live up to the Amer- without soap or toothpaste. ship and character. To those who knew ican values that define our leadership Let me share with our colleagues just him, William completely exemplified around the world. a few of the statements that the chil- these characteristics and is certainly We will never forget this heart- dren who have been kept in these ab- deserving of this high honor. breaking photo. More importantly, we horrent conditions have made. We know we can never pay the debt will not forget the names of Oscar Said one 8-year-old boy: of gratitude owed to people like Wil- Alberto Martinez and his 23-month-old They took us away from our grandmother, liam Moden, who risk their lives every daughter, Valeria. They drowned in a and now we are all alone. They have not

VerDate Sep 11 2014 03:07 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.042 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4611 given us to our mother. We have been here ilies humanely as their cases moved Here is just one of them that has for a long time. I have to take care of my lit- forward. Pregnant women, nursing been signed by Secretary of State Mike tle sister. She is very sad because she misses mothers, or mothers with young chil- Pompeo: our mother and grandmother very much. . . . dren were given caseworkers who I hereby certify that the central govern- We sleep on a cement bench. There are two helped to educate them on their rights mats in the room, but the big kids sleep on ment of El Salvador is informing its citizens the mats, so we have to sleep on the cement and their responsibilities. They were of the dangers of the journey to the south- bench. connected to community resources or west border of the United States; combating to family in the country who could human smuggling and trafficking; improving Consider the words of a 16-year-old help them. border security, including preventing illegal girl: According to an inspector general’s migration, human smuggling and traf- We slept on mats on the floor, and they report, the program was an enormous ficking, and trafficking of illicit drugs and other contraband; and cooperating with the gave us aluminum blankets. They took our success. It had a compliance rate of 99 baby’s diapers, baby formula, and all of our United States Government agencies and belongings. Our clothes were still wet, and percent. That means that 99 percent of other governments in the region to facilitate we were very cold, so we got sick. . . . I have the time, families in the program the return, repatriation, and reintegration of been in the U.S. for 6 days, and I have never showed up for their ICE check-ins and illegal migrants arriving at the southwest been offered a shower or been able to brush appointments. Likewise, they showed border of the United States who do not qual- my teeth. There is no soap, and our clothes up 100 percent of the time for their im- ify for asylum consistent with international are dirty. They have never been washed. migration court hearings. Tell me— law. Finally, here are the words of a 17- how many government programs work This one is dated August 11, 2018. year-old mother: 100 percent of the time? It is very rare. There are nine certifications by the I was given a blanket and a mattress, but This one did, but that didn’t stop Secretary of State saying that the pro- then, at 3 a.m., the guards took the blanket President Trump from terminating it. grams we had going on and working in and mattress. My baby was left sleeping on Even though it had a 99-percent com- Central America were, in fact, work- the floor. In fact, almost every night, the pliance and check-in rate and had 100 ing. guards wake us at 3 a.m. and take away our percent who showed up for their hear- But we all know this President has sleeping mattresses and blankets. . . . They ings, oh, no. Evidently, that was not no respect for facts or evidence-based leave babies, even little babies of 2 or 3 good enough for the Trump administra- months, sleeping on the cold floor. For me, reality. His decision to punish Central because I am so pregnant, sleeping on the tion, for it was far more humane and American governments for the migra- floor is very painful for my back and hips. I far less costly to the taxpayers. tion crisis by slashing aid is only mak- think the guards act this way to punish us. Beyond embracing alternatives to ing the crisis worse. It absolutely This is not the America I know. Yet mass detention, we must ramp up hu- makes no sense. this administration wants us to forget manitarian assistance at the border. If we want to reduce migration from who we are. This administration wants That is why I voted yesterday for the Central America, we need a bold strat- us to believe that if the Government of House’s emergency supplemental bill, egy to address the root causes driving the United States is cruel enough, that which would provide desperately need- families in fear from their home. That if it denies those who seek asylum all ed support to on-the-ground organiza- is why my colleagues and I have intro- tions and would better ensure the hu- semblances of humanity, that if we ig- duced the Central America Reform and mane treatment of children who are in nore basic standards of child welfare, Enforcement Act. Our bill would dra- CBP custody. matically expand U.S. engagement in and that if we abandon fundamental The House bill included strong guard- American values like respect for Honduras, El Salvador, and Guatemala rails to prevent this White House from through proven programs that help human rights, then desperate families using these funds to pursue its draco- who flee Central America will stop strengthen the rule of law, combat vio- nian detention practices and mass de- lence, and build prosperity. Our bill coming here. portation agenda. While the Senate bill It is not true. The entire doctrine of would also minimize border crossings fell short in these areas, I hope the ad- by expanding refugee processing cen- deterrence is grounded in hideous lies, ministration uses whatever money it ters in the region in an effort to reduce beginning with the lie the President receives to ensure that the children are demand at the border, and, finally, it has fed the people from the moment he properly cared for—in a way that re- includes several measures to protect launched his campaign in 2015—the lie spects basic human rights. that immigrants are a threat to our se- Solving this crisis will take more the welfare of children and ensure effi- curity. President Trump has cast im- than humanitarian funding. If Presi- cient, fair, and timely processing of migrants as criminals and rapists and dent Trump were serious about reduc- asylum seekers. drug dealers when the truth is that ing migration, he would be working Now, this administration may wish these migrants are the ones who are day and night to improve the condi- the Northern Triangle’s serious prob- fleeing the criminals, the rapists, and tions that are driving families to flee lems would just go away, but the the drug dealers. Central America in the first place. In- longer we let these conditions fester, I am sick and tired of these lies, like stead, he has cut off aid to the North- the greater this migration crisis will when the President repeatedly says he ern Triangle and has undermined crit- become. inherited the policy of family separa- ical U.S. efforts to work with Central There is a very real possibility that tion from the Obama administration. American governments to crack down President Trump views a growing crisis That is a lie. The Trump administra- on gang violence, strengthen the rule at the border as an asset in his path to tion masterminded this despicable pol- of law, and alleviate poverty. reelection in 2020. The President be- icy, pure and simple. These programs were working, and lieves his best shot at winning elec- These cruel policies are not working. the Trump administration knows it. tions is to stoke fear of migrant chil- They have done nothing to stem the Why do I say that? In recent years, dren who pose no threat but des- tide of families who seek asylum in the Congress has not only increased fund- perately need the safe embrace of Lady United States. They have done nothing ing for foreign assistance to Central Liberty. to stabilize Central America and to al- America, but it has required these gov- After all, President Trump cannot leviate the conditions that force fami- ernments to meet clear benchmarks in campaign on solving the student loan lies to seek refuge here. order to demonstrate their progress in debt crisis or providing Americans with It is time to turn the page. There are areas like combating drug trafficking better, cheaper healthcare, or making so many alternatives to detention that and strengthening their legal systems. sure that big corporations pay their are available to the DHS that are far The Trump administration has ac- fair share. He has failed on all these more humane and far less costly to the knowledged the effectiveness of these fronts and more. The only play left in taxpayers. programs on several occasions. In fact, the Trump playbook is to blame immi- Consider the Obama administration’s it has sent Congress not one, not two, grants for America’s problems instead pilot program known as the family but nine different reports that have of solving America’s problems. case management system. It estab- certified these benchmarks have been That is what I call the politics of lished procedures to treat migrant fam- met. hate. The politics of hate is what led

VerDate Sep 11 2014 03:07 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.044 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4612 CONGRESSIONAL RECORD — SENATE June 27, 2019 President Trump to attempt to ban The Trump administration’s policies Senate just yesterday. It provides im- Muslims from traveling to the United at our border have brought us nothing mediate emergency funds for humani- States. The politics of hate is what led but chaos, despair, and shame. We can- tarian assistance at the border that is President Trump to end DACA and not let the politics of fear and hate de- needed right now. We passed it with threaten 800,000 Dreamers with depor- grade the values that make America over 80 votes here in the Senate—82 tation to countries they have never great. votes, with 9 of our Members absent, I called home—young people who We cannot wall off our country from believe. Over 82 votes is very unusual through no choice of their own were the strife gripping Central America. for anything to pass around here, par- brought to the United States, the only We cannot tweet our way out of this ticularly something so substantial. country they have ever pledged alle- problem. We must lead our way out of It is bipartisan. It came out of the giance to is the United States and to this problem with real solutions and Appropriations Committee with a 30- the flag of the United States. The only strategies that bring sanity, dignity, to-1 vote to get these funds and these national anthem they know is the Star and order back to our border and pre- resources down to the border now to Spangled Banner. The only place they vent the kind of tragic loss of human help with this true humanitarian crisis have ever called home is America. life we saw earlier this week on the that we are facing. Everyone must ac- The politics of hate is what led Presi- banks of the Rio Grande. We are just knowledge that. dent Trump to attack TPS holders and better than this. We are just better The House was balking at that. They jeopardize thousands of parents to than this. were sending us another bill that had American-born children. The politics of If my colleagues do not raise their some partisan elements to it that no hate is what led the administration to voices, then, they are complicit to this. Republican could support in the forcibly separate nearly 2,800 children History will judge us poorly. House—not a single one. from their parents—and maybe thou- I hope we will have bipartisan voices Finally, I think they have decided to sands more, because they don’t even who say: This is not who we are; this is pick up our bipartisan bill and pass it, have a recordkeeping system of where not what we stand for. And we can and thank God, because now the Presi- all of these children are. That is a pol- work toward making sure this tragic dent can sign it and that aid can go icy that will forever be a stain on our photograph never ever happens again. down to our border immediately where history. I yield the floor. it is needed. The politics of hate is what led Presi- The PRESIDING OFFICER. The Sen- But I have to be frank with you. That dent Trump to tweet out his plan to ator from Ohio. humanitarian aid going down to the send ICE agents into our communities border is not enough because I don’t to terrorize our towns and cities with f think it would have had an impact on mass arrests and mass deportations. It IMMIGRATION the tragic photograph that was talked is a plan that would leave millions of Mr. PORTMAN. Mr. President, I was about on the floor earlier. U.S.-born American citizen children coming to floor today to talk about That incident did not occur because wondering: Why mom never came to legislation we just got passed in the of the lack of humanitarian aid that is pick me up at school or why dad never last week in the Homeland Security badly needed. That incident occurred made it home for dinner. It is a plan Committee with the hopes that I can because there is this pull factor to that would inflict traumatic and irrep- convince some of my colleagues to join come to our country, particularly from arable harm on American children who us in this effort, and I will talk about would not only have to reckon with the these Northern Triangle countries— that bill in a moment. But first let me, loss of a parent but the loss of the in- Guatemala, Honduras, El Salvador. if I could, address the photograph and come provided by that parent. The pol- This particular gentleman, Oscar the comments from my colleague from itics of hate led to the remain-in-Mex- Alberto Martinez Ramirez, came from New Jersey. ico policy, which forces asylum seekers El Salvador. He showed a tragic photograph that to remain in Mexico amid dangerous Then, there are push factors from so many of my constituents and all conditions. those countries. And, again, this is Indeed, just yesterday, U.S. asylum Americans have seen—Oscar Alberto causing so many families to come here, officers requested that the courts block Martinez Ramirez and his daughter so many unaccompanied children to the Trump administration from requir- Valeria, facedown in the Rio Grande. come here from these three countries ing migrants to stay in Mexico, stating This man came from El Salvador. We in Central America. it is ‘‘fundamentally contrary to the don’t know all the details yet, but The traffickers are telling them: If moral fabric of our Nation and our clearly he was interested in coming to you come to America and you ask for international domestic legal obliga- the United States and applying for asy- asylum, you will be let in. tions.’’ lum, as so many others have come— Let’s be frank. These countries are Now, in the latest action, I fear it is hundreds a day, thousands a week, hun- countries that have real challenges and the politics of hate that explain the dreds of thousands a month now, over- real problems. awful press reports we heard today sug- whelming the infrastructure at the My colleague from New Jersey is gesting that President Trump plans to border, pulling 40 to 60 percent of our right. We have sent a lot of American end a program that protects undocu- Border Patrol off the border to deal taxpayer dollars down to those coun- mented members of U.S. military fami- with the humanitarian crisis that has tries, and he noted that the reports lies from deportation. Imagine that— occurred. back from the administration and oth- someone who wears the uniform of the That tragic photograph—and it is a ers are positive, saying it is beginning United States, who may serve halfway horrific photo of a daughter clinging to to make a difference. He noted that around the world in service to the Na- her father’s neck, having drowned in that funding is now being reduced or tion, who risks their lives, and now you the Rio Grande coming over from Mex- even eliminated in some cases, but it are going to take the one program that ico—should be a wake-up call. I agree was during the time when that funding put their mind at ease—that their with that, but it should not be a wake- was there that the people started com- spouse or child, who may be undocu- up call to have us continue to point ing. mented in the country and had the fingers around here at the other side So, yes, we should have more funding ability to stay because of that service- and blame someone else for the prob- that is effective for those countries. I member’s service, and now you are lem. It should instead be a wake-up agree with that. The Millennium Chal- going to say you are going to deport call for solutions—for bipartisan solu- lenge Corporation funding is the new their children, their spouse. tions—because that is all that works to way we send that funding. It is more Well, if someone is willing to wear be able to resolve these issues. effective because it says: What are you the uniform of the United States, I hope the first step will be taken doing in Central America to improve pledge allegiance to our flag, and risk today, because I just learned, as I came your infrastructure, your conditions, their life to defend this Nation in bat- to the floor, that the House of Rep- your judicial system, your rule of law, tle, the last thing we ought to do is to resentatives is now considering taking and to fight corruption? We need to do deport their loved ones. up the legislation we passed here in the all those things.

VerDate Sep 11 2014 03:07 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.045 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4613 But let’s be frank. Let’s be honest. Unaccompanied kids coming from Gua- ministration, you could apply for ref- We have been doing that, and yet the temala were told: You can get in. It is ugee status from your country—El Sal- push factor is still there. good. We will take care of you. In this vador, Guatemala, Honduras—and not So I believe it is part of the answer, case, the traffickers took mortgages on come to the border. The refugee cri- but I don’t think logic applied to this the parents’ homes. They brought teria is almost identical to the criteria situation means that you could say these kids to the United States, to the for asylum. The United Nations does that it is all of the answer because we Department of Health and Human this all over the world. I agree, that is have been doing it. Services, HHS, detention facility. They a much better solution. My taxpayers and other taxpayers, I were then sent out to sponsor families, Let’s have these processing centers think, around this country are willing which is what they do. They take these in the Northern Triangle countries. to do more, but they also want to deal minor children, underaged, and send Let’s have one in Mexico, maybe one in with the pull factor, and the pull factor them to sponsor families. Sometimes Mexico at the southern border with is very simple. If you come to America they can find families; sometimes they Guatemala, maybe one at the northern and you apply for asylum right now, can’t. In this case, our own government border of the United States. Let’s deal with the system being overwhelmed sent these kids back to the traffickers with this processing problem. Let’s de- and with certain laws in place, includ- because the traffickers applied for the termine who is qualified, who has a le- ing a court decision, you are released very kids they had brought up from gitimate fear of persecution. Again, 15 into the community, meaning you Guatemala. percent of them are now being granted. come into America. Most of the court Despite claims and promises to their The other 85 percent are not. For the cases that deal with whether you are parents that they would get a good others, we have to say: You can apply successful or not in your asylum claim education with a family taking care of to come to the United States as every- take over 2 years now. It takes over 2 these kids, do you know what they did body else does, from Mexico, from the years until you are before a judge for a with these kids? They put them on an Philippines, from India, from countries hearing. egg farm in Ohio—underage kids—and in Africa, and we need to continue to When those court cases occur, we are exploited them. They took away their be a generous country with regard to told on the Homeland Security Com- pay, had them live in conditions none immigration. But we have to have a mittee, that about 15 percent of those of us would find acceptable for any system of laws, and we have to stop individuals are granted asylum—15 per- member of our family. They had them these tragedies where people are being cent. living in trailers, some of them under told by traffickers: You can make this Now, in America, our wages are 10 to trailers, on mattresses without sheets, journey to the north. It will be fine. 20 times higher than they are in these working 12 hours a day. Some of these It is not fine. It is arduous, it is dan- Northern Triangle countries—El Sal- kids were working 6 days a week, some gerous, and you see the results. vador, Guatemala, Honduras. Is it any 7 days a week. This is not America. Yet The trafficking that is going on of wonder that they come here seeking a this was happening. Again, our system girls and women is all part of this too. better way of life? No, you would too. is broken. These traffickers were ex- It is not going to stop unless we as a But we have to have a system of laws ploiting these children. group here in Congress, on a bipartisan here in this country where, yes, we ac- Finally, in this case, law enforce- basis, deal not just with the push fac- cept refugees and, yes, we accept peo- ment stepped in, and we have been able tors but also the pull factors and deal ple who have claims of asylum that are to indict and convict the traffickers. with them realistically. granted, but we don’t have open bor- Thank goodness. But this is not a situ- f ders. ation that can or should continue. We have a system here, a system of In the tragic photo of the story I just NONPROFIT SECURITY GRANT laws, and it has clearly broken down told, the answer is not politically Mr. PORTMAN. Mr. President, the now. Again, thousands come in every pointing fingers. Blaming Donald legislation I came to the floor to talk week, hundreds of thousands every Trump isn’t going to solve this prob- about today passed in the Homeland month—mostly families, mostly chil- lem. We need as a body to change the Security Committee last week to help dren because of the way our laws work. laws. We need as a body to provide make our synagogues, our churches, I don’t think we should be separating more effective aid to those countries. our mosques, and other nonprofit insti- families, by the way. So, if you have a That is true. The push factors and the tutions safer. child with you or you are a child, then pull factors both need to be addressed. Sadly, we have seen a troubling pat- under a court decision you could be But if we just play politics with this on tern in recent years. Hate-fueled at- held only for a short period of time, 20 both sides, we will have more unneces- tacks at houses of worship and reli- days maximum, in emergency situa- sary deaths. We will have more tragic gious institutions, not just in our coun- tions. What happens is that people are situations. try but around the world, are becoming released into the community. Again, I had planned to come and more and more common. A couple of I will be frank with you. From what talk about something else, and I will, months ago, a shooting at a synagogue we have heard from Customs and Bor- briefly. But I must say, with regard to outside San Diego took the life of Lori der Protection and from the Depart- this immigration challenge we face as Gilbert Kaye, who heroically sacrificed ment of Health and Human Services, a country, I hope the tragedy we have herself to save her rabbi. Exactly 6 which are responsible for many of these now all seen online and on TV serves as months to the day prior to that, the detention facilities, they are so over- a wake-up call to get to bipartisan so- shooting at the Tree of Life synagogue whelmed, they don’t even have room lutions that actually help solve this outside of Pittsburgh, PA, claimed 11 for 20 days, so people are allowed to problem and stop the push factors and lives, the worst act of anti-Semitic vio- come into the community. Again, the the pull factors that will continue to lence in U.S. history. court cases happen a long time after bring hundreds of thousands of people Sometimes this hate is manifested in that, and people are granted work per- from these three countries to our bor- other ways: bomb threats at the Jewish mits. That is why people are coming. It der, which has overwhelmed us. Community Center in Columbus, OH, is a pull. They are saying: If you get to Today there is a start. Today there is and anti-Semitic graffiti sprayed on America, we will get you in. a start with the humanitarian aid the Hebrew Union College walls in my These traffickers are charging a lot package. Thank goodness. hometown of Cincinnati, OH. of money. It is horrible. They are tak- Tomorrow we need to get to work to Right after the attacks on the syna- ing mortgages on people’s homes. They talk about these bigger problems. I will gogue in Pittsburgh last year, I went to are saying ‘‘We will take half your pay say, I have worked on this with some of the Jewish Community Center in for the next year,’’ promising things my colleagues on both sides of the Youngstown, OH, only 60 miles away that are frankly beyond what can be aisle. I heard the words today from my from Pittsburgh, to meet with Jewish accomplished. colleague from New Jersey about ref- community leaders. An attack on one A situation in Ohio occurred a couple ugee processing centers. I think that is is an attack on all. We must all stand years ago with kids from Guatemala. part of the answer. In the Obama ad- up.

VerDate Sep 11 2014 05:22 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.046 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4614 CONGRESSIONAL RECORD — SENATE June 27, 2019 In Youngstown that somber day, we thing I had promoted. I think it is a Yesterday in the Senate Budget Com- talked about where we go from here to good idea because it is needed. Last mittee we had a hearing on fixing our stop anti-Semitism and hatred. I asked year, I led a bipartisan letter with Sen- broken budget and spending process, them for input about what the Federal ator CASEY to push for a total of $60 with a focus on securing our country’s Government can do to help keep the million for the program nationwide. I fiscal future. Our witness was the Jewish community safe. Part of the am happy to say that funding level was Comptroller General of the United input I got was that we need more help incorporated in the final Homeland Se- States, the head of the Government Ac- on best practices on security and more curity appropriations bill. countability Office. resources to protect our community This year, I am working with my col- In April of this year, GAO issued its centers, our schools, our churches, our leagues to actually authorize this pro- third annual update on the nation’s fis- synagogues, our mosques. gram to be sure it will be there in the cal health. The report concluded that The resurgence of this anti-Semitism future and to increase the amount of the Federal Government is on an must be confronted and defeated with funding in the program to $75 million unsustainable fiscal path. all the energy we can bring to bear. so that nonprofits outside of the larg- A Congressional Budget Office report But sadly, it is not just related to the est urban areas—which are currently released this week on the long-term Jewish community, which has known being served through the initial pro- budget outlook painted a similarly it for over the centuries. Hate seldom gram—also have access to this funding. bleak picture, noting that our surging stops at one religion or one country. Unfortunately, in a lot of instances I Federal debt is putting our Nation at Hundreds of Christians in Sri Lanka talked about earlier, it was not in risk of a ‘‘fiscal crisis.’’ This is one of were massacred in churches and hotels major urban centers. So it is being the charts we got to see. I know it is on Easter Sunday. In New Zealand, the spread well beyond our big cities. pretty hard for people to read. We are shooting at the mosques in Christ- To support that effort, my colleague figuring out a way to make this bigger. church killed at least 49 people. We Senator GARY PETERS and I have intro- The impact will be tremendous. It will never forget the 2015 tragic duced bipartisan legislation called the shows that, in 2019, Social Security killings of African-American parish- Protecting Faith-Based and Nonprofit spending passed the $1 trillion mark ioners at Emmanuel AME Church in Organizations from Terrorism Act to annually. In 2021, the highway trust Charleston, SC, where I have visited provide best practices and more fund- fund will be unable to meet all obliga- and prayed, or the 2017 attacks on the ing for hardening vulnerable nonprofits tions. In 2022, the discretionary spend- First Baptist Church in Sutherland and faith-based institutions and for ing caps will expire, allowing unlimited Springs, TX. training resources for those congrega- spending. In 2025, the Pension Benefit While I have highlighted unconscion- tions. Guaranty Corporation multiemployer able mass murders, there are so many The bill authorizes $75 million annu- fund will be depleted. It will be insuffi- other examples of vandalism and har- ally for the next 5 years, $50 million to cient to pay full benefits to insolvent assment. We saw this in my home be used by nonprofits located within pension plans. In 2025, CBO projects the State of Ohio this February, where a high-risk, large urban areas, and the net interest spending will surpass the rest will be available for nonprofits in man holding a gun smashed the win- spending on national defense. In 2026, other areas. dows of a mosque in Dayton while wor- the Medicare hospital insurance trust I am pleased to report that the shipers were praying inside. We saw it Homeland Security Committee unani- fund will be depleted. With some in- in Louisiana this April when three his- mously approved this bill last week. I coming revenue, it will be sufficient to torically Black churches were delib- look forward to its coming to the floor, pay 91 percent of hospital-related Medi- erately burned down within the same where I hope it can be passed on a bi- care spending, which is already forced parish. This violence is senseless and partisan basis. While our bill is pend- to be low. In 2030, the net interest spending will contrary to our values as Americans. ing, I hope my colleagues in the Appro- Our first obligation as Americans and exceed $1 trillion annually. The inter- priations Committee will once again be certainly as public officials is to stand est will exceed $1 trillion annually. receptive to the letter and spirit of our up and say this must stop. Stop the In 2031, mandatory spending and in- bill to make those resources available hate—not just partisan finger-pointing terest will consume all Federal rev- to urban and nonurban areas alike. but a single, unified message. Targeted I will continue to work with my col- enue. It means we will not get to make communities cannot stop it on their leagues on both sides of the aisle to en- any decisions on anything that isn’t own. We must remind all of our fellow sure that the thousands of religious mandatory, which we don’t get to citizens that we are all made in the and other nonprofit institutions in make decisions on right now. In 2032, the Social Security trust image of God, and the anti-Semitism, Ohio and across our country are safe fund will be depleted. The amount of the hatred, and the violence are not ac- and welcoming places. I pray we will money coming in that will be paid out ceptable in this country. see the day when such security grants Sadly, if these trends are any indica- right away will only pay 77 percent of are not necessary because we will abide tion, we also have to recognize these the scheduled benefits. I will cover that by the admonition to love our neigh- attacks are likely to continue, and I more later. bors as ourselves. But in the meantime, think Congress can and should do more Those are a few of the fiscal cliffs we let’s do what we can to give our com- to provide synagogues, mosques, are facing that could be solved now, munities the know-how, the resources, churches, and other faith-based organi- that have to be solved now. If they are and the best practices so they can be zations with best practices and more solved now, they have simpler, less safer and more secure. resources to secure their facilities ef- I yield the floor. impactful problems than if we wait fectively. The PRESIDING OFFICER. The Sen- until the cliff gets here. Based in part on the input I received ator from Wyoming. The Federal Government is swim- in Youngstown that sad day, I have ming in a sea of red ink that threatens been the leading supporter of the Non- f to drown America’s future generations. profit Security Grant Program. This FISCAL CHALLENGES If current laws don’t change, debt as a grant program allows nonprofits, in- Mr. ENZI. Mr. President, I thank the percentage of GDP, will soar to unprec- cluding synagogues and other faith- Senator from Ohio for his outstanding edented levels over the next 30 years. based organizations, to apply for funds comments on faith-biased security and Let me repeat that. If current laws they can use to access best practices to the immigration crisis that we are fac- don’t change, debt as a percentage of secure their facilities and to train per- ing and the solutions he suggested. We GDP—that is production—will soar to sonnel. have a lot of work to do there. unprecedented levels over the next 30 Some good news came out recently. Now you get to hear from the ac- years. By 2037, our debt-to-GDP ratio— Under the new Department of Home- countant. that is debt-to-production—will sur- land Security rules, nonprofits are now I come to the floor today to call at- pass the historical records set in the permitted to hire armed security per- tention to the Federal Government’s aftermath of World War II. By 2049, sonnel with these funds. That is some- unsustainable fiscal outlook. debt will stand at 144 percent of GDP.

VerDate Sep 11 2014 05:22 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.047 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4615 That is how bond investors determine As this chart shows, many of the Social Security and much of Medi- the likelihood of getting their money largest mandatory programs, such as care is supposed to be different though. back. Interest rates reflect that fact Medicaid and food stamps, don’t have Under current law, once their respec- and go up as risk increases. As that their own source of funding and instead tive trust funds are exhausted, those percentage goes up, the risk increases. rely entirely on money from the Treas- programs will still pay out money, but The amount we have to pay to borrow ury’s general fund. You can see the they will only be able to pay out as any money will go up, if people still blue here. That is money that will be much in benefits as they have coming loan us money, which gets us to what coming in. The red is the extra money in. We heard yesterday from the Gov- is on the chart. that has to be spent to meet the obliga- ernment Accountability Office that, In 2030, net interest will exceed $1 tions. On some of these, you will note for Medicare, that means only being trillion a year annually. That is not that there is no blue at all. That means able to pay 91 cents on the dollar for buying anything; that is paying the in- this is coming out of the general fund, hospital-related Medicare spending. terest. which is where we expect to be able to How long do you think doctors will put In most of the Nation’s history, we get defense, education, and all of the up with that? How many hospitals will have only seen periods of high spending other things we do. So there is enough that put out of business? For Social Se- and debt during wars and other emer- spent right here on excess that doesn’t curity, revenue is projected to be suffi- gencies, and the increase has been tem- have a source of revenue that forces ev- cient to cover only 77 percent of sched- porary, but today’s fiscal situation is erything else we do to be borrowed, and uled benefits. Who on Social Security different. I already mentioned the problems of will be able to afford a cut of 23 per- We are facing a demographic fiscal borrowing. cent? That is the fiscal cliff. storm. For decades, nonpartisan ex- Even though some of these programs Of course, this shouldn’t be news to perts, including the Congressional do collect some revenue—and a few of lawmakers. For years, the warnings Budget Office and the Government Ac- them do collect their own revenue— that these programs are on an countability Office, have warned of the they often spend more than they take unsustainable fiscal course have gone budget pressures that we would face as in. It didn’t used to be the case. We largely unheeded, hoping that the next baby boomers aged and began to retire. used to have a lot more people working Congress, the next President, or maybe We heard yesterday from the GAO and paying into Social Security than the next generation would be more that, on average, more than 10,000 peo- were receiving Social Security, and willing to deal with the problem. ple per day turn 65 years of age, and in there used to be a huge surplus, which To be clear, I want to make sure So- the next few years, that number will we spent and then put as bonds in the cial Security and Medicare are able to rise to more than 11,000. Here is a little drawer. We are now drawing down on continue providing benefits to current chart of how those thousands per day those bonds, even though there is no beneficiaries, as well as those who may grow. need these programs in the future. Some of us were under the impres- real money to back them up, but that That will require us to work together sion, of course, that the baby boomers is about to be depleted as well. Over the next 10 years, CBO projects in a bipartisan manner to ensure these eventually would die. That is kind of an inevitable sort of thing. What we that Social Security spending will programs’ solvency. If we don’t make didn’t count on was the extra longevity total $14.4 trillion, but the program’s changes to the way these programs that everybody will have and the fact dedicated tax revenues will only cover currently operate, a lot of people in the that there are other generations com- $11.8 trillion of that. That is $14.4 tril- future will just be out of luck. There ing up. So the chart does not tail off lion going out and $11.8 trillion coming are levers that can be pulled on these. here on the end. The chart continues to in. You can’t do that very long. If any one is pulled, it would be a trag- CBO projects that under current law, grow, even though the birth rate is edy to whomever it affects. If they are down. Social Security’s combined trust funds all pulled, it is less noticeable but still The combination of aging population, would be exhausted through 2032. You noticeable based on how long it is be- longer lifespans, and rising per-bene- may say: That is a long time into the fore we ever reach a solution on these ficiary healthcare costs put enormous future, 2032. Well, that is 3 years ear- problems. pressure on our spending. lier than the Social Security trustees Ignoring the problem will not make According to the CBO, the projected estimated just earlier this year. How it go away and, in this case, the oppo- explosion in debt we will see over the many times can we have that acceler- site is true. The longer we wait to ad- next few decades and beyond occurs be- ated by 3 years before we are at the dress this imbalance, the more severe cause of mandatory spending—particu- cliff? the changes will need to be, and we will larly Social Security and major Total Medicare spending will amount have fewer options. healthcare programs, specifically, to $11.5 trillion over the next 10 years, We need to change the way we do Medicare and Medicaid—not to men- but the program just collects $6 trillion things around here. Too often we wait tion the interest payments on the na- in dedicated taxes and premiums— to make the difficult decisions that ev- tional debt that will permanently grow again, $11.5 trillion going out and $6 eryone knows has to be made until we faster than Federal revenues. trillion coming in. have a crisis on our hands. In the Budg- This autospent money—spending CBO and the Medicare trustees both et Committee, we are focused on trying that is never looked at—has already projected Medicare’s Hospital Insur- to put together bipartisan budget proc- grown from about 36 percent of the ance Trust Fund, which covers inpa- ess reform proposals that will help us Federal budget 50 years ago to 70 per- tient hospital services, hospice care, confront these thorny fiscal issues in a cent today. If left unchecked, CBO skilled nursing facilities, and home more reasoned, timely, and responsible projects that more than 80 cents of health services, will be depleted in 2026. way. every dollar the government spends Spending on military and civilian re- I am hopeful we will get there. I am will be on mandatory spending, guaran- tirement programs will total nearly $2 encouraged with the conversations we teed to be spent without further ap- trillion, but Federal employees’ con- have had that we will get there. These proval, not to mention the interest by tributions toward their pension will issues are too important to ignore, and 2049. only be $70 billion. I don’t like that we are going to need to work together Because mandatory spending oper- word ‘‘trillion.’’ It is kind of hard to if we are to put our country on a more ates on autopilot, not subject to the wrap your head around it. Billions are sustainable fiscal course. We owe it to annual appropriations process, it often tough enough, but $2 trillion is $2,000 future generations to try. escapes congressional scrutiny and billion. That is what is going out, $2,000 We have handled some crises around proper oversight. It would be one thing billion. What is coming in is $70 billion. here. Recently, we handled one of na- if mandatory spending programs by- There is a little bit of a gap. Just as tional disasters. The national disasters passed the appropriations process be- with most other spending programs, don’t have to be paid for. They aren’t a cause they were fully funded through this difference will be made up with part of the budget caps—they should be their own dedicated source of revenue, general fund revenues, which today are a part of the budget caps, but they but that is not the case. all borrowed funds. don’t have to be a part of the budget

VerDate Sep 11 2014 05:22 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.049 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4616 CONGRESSIONAL RECORD — SENATE June 27, 2019 caps—so they just get exempt as long is somewhere around six to seven times Only 22 Republicans—it should have as they are voted on, but everybody the size of Walmart and runs its busi- been all 53 of us who were on the Penny wants to help everybody with a prob- ness by the seat of its pants, in the Plan bill that Senator PAUL put out lem, so we go ahead and pass those sense that we have not done a budget just a few weeks ago, but only 22 of our straight to debt. One week, at the be- that we have appropriated in nearly 20 own conference, which talks about fis- ginning of the week, when we proposed years. cal conservatism—got on that bill. I it, it was $13 billion. When it actually If you listened closely, you know we would hope that the American public passed it, it was up to $19.1 billion. have some hard deadlines. The chair- holds their representatives accountable That all went to additional debt. man referred to it as cliffs. Well, some- so that we don’t hit the cliff and go It is a crisis. We need to plan for it. times that is so figurative that you over it and pay the consequences, We need to prioritize for it. We need to don’t believe it is going to happen or which will be dear. fit that in, but we can’t do everything, that it is going to be real. These are I yield the floor. continue to escalate everything, and things we are going to have to contend The PRESIDING OFFICER. The Sen- consider that things we haven’t look at with. ator from Kansas. for years are OK to keep doing the When the Medicare fund is depleted Mr. MORAN. Mr. President, I ask same way we are doing them or to have fully in 2026, benefits get cut imme- unanimous consent to complete my re- the duplication. We are doing hearings diately. Social Security is farther down marks while seated. all the time on ways this problem can the trail, and there are going to be all The PRESIDING OFFICER. Without be solved, but it is important that we kinds of issues. We are lucky, cur- objection, it is so ordered. start solving it soon or future genera- rently, that other countries and our f own citizens will lend us money when tions will be drastically affected. TRIBUTE TO GARY WOODLAND In fact, the dates I had up here ear- we run trillion-dollar deficits rou- lier, present generations will be af- tinely. Mr. MORAN. Mr. President, while my fected. We need to get everyone on He mentioned the ‘‘Penny Plan.’’ In remarks in front of me say ‘‘I rise board looking for solutions and biting any business, if you were charged with today,’’ I sit today on this Senate floor the bullet now to do them. fixing your company’s problems by cut- to congratulate a Topeka, KS, native, a I have had a penny plan for a long ting back by either freezing expenses 2019 U.S. Open champion, Gary Wood- time. Under the penny plan, if we just by a 1-percent cut or a 2-percent cut, land. stopped spending 1 cent out of every that would be done easily because you Gary Woodland grew up in Topeka dollar we spend, not counting Social have hard accountability. If you would and attended Shawnee Heights High Security, no change in Social Secu- perform in a business or a State gov- School. After high school, Gary at- rity—if we just found ways to do things ernment like we do here, I can guar- tended Washburn University on a full 1 percent better, and we did that for 7 antee you there wouldn’t be a lender basketball scholarship before transfer- consecutive years, our budget would that would let you perpetuate and keep ring to the University of Kansas to join balance. If we started with a penny, I doing it. The fact that we have a credit the golf team. This U.S. Open was the am pretty sure we would say: That card that we can put it on year after first major championship victory of really didn’t hurt too bad. How about if year eliminates the accountability Gary Woodland’s career, and Gary we do 2 cents? Now we cut it back to 4 that you have anywhere else. made history by becoming the first years, and we can start paying down I was on a school board for 10 years. graduate of the University of Kansas to debt, which we have to do for our fu- I was in State government in Indiana, ever win a PGA major tournament. ture generations, if our kids and where we always have a cash balance Gary’s performance at Pebble Beach grandkids are going to have the kind of and operate in the black and have a was truly elite. He scored under par in life we had. balanced budget. Even though we do all four rounds, including an impres- I am working for and hoping for ev- that so routinely there, we passed a sive 6-under-par 65 in the second round. erybody working together to solve balanced budget amendment to our On Sunday’s final round, Gary battled these problems. If we just talk about State constitution simply because gov- the elements and a late surge by last them, and we don’t work on them, it is ernment, even in a place like Indiana, year’s U.S. Open champion, Brooks pretty depressing but not as depressing oftentimes views how they spend the Koepka. On hole 18, Gary sunk a long as it will be hurting. people’s money different, and this birdie putt to solidify his win at 13 I ask my colleagues to take a look at place does it worse than any other strokes under par, 1 stroke better than this and help come up with solutions. I place in the country. Tiger Woods’ historic 2000 U.S. Open am impressed with those who are work- So do we want to get to the point victory at Pebble Beach. ing with me on it. where we deplete the Medicare trust I congratulate Gary on this historic I yield the floor. fund and where we run out of funds to win, but I also recognize his actions off I suggest the absence of a quorum. pay pensioners or do we want to make the course. Gary is an advocate for The PRESIDING OFFICER. The the hard decisions? Special Olympics and also partners clerk will call the roll. It is funny. When I got here, I looked with Folds of Honor, a nonprofit orga- The legislative clerk proceeded to at the budget process. Budgets, even nization that grants scholarships to call the roll. though they are not adhered to, might family members of U.S. servicemem- Mr. BRAUN. Mr. President, I ask be a resolution, and it is not the law. bers. Gary even wore patriotic golf unanimous consent that the order for Always, even if they do incorporate gear to honor our troops and Folds of the quorum call be rescinded. savings, you never see it until year 6, 7, Honor at the U.S. Open. After the win, The PRESIDING OFFICER (Mr. 8, 9, and 10. Well, again, in the real Gary thanked our troops for their serv- ENZI). Without objection, it is so or- world, if you are running at a 20-per- ice and stated: ‘‘There’s men and dered. cent loss on your P&L, you do not have women who sacrifice and do so much Mr. BRAUN. Mr. President, I sit here the luxury to wait 6, 7, 8, 9, or 10 years for us so I can go out and play a game every Thursday from 3 o’clock to 6 to fix it. of golf and live my life under freedom.’’ o’clock and hear several speeches that I ask the American public to hold The final round also coincides with are made. I happen to sit on the Budget their Senators accountable and their Father’s Day, and this undoubtedly Committee with Chairman ENZI. I hope congressmen, because this time, unlike made this championship even more sig- everyone listened carefully to what he in 2008, which we all know was bad nificant as Gary’s father watched him just said. The Comptroller General was enough, the main people holding the sink the final putt on 18. Gary said, in yesterday. bag will be retirees and the elderly who after his win, that his dad worked One of the reasons I ran for Senate is depend on the government for nights so he could pursue his love of that being a Main Street entrepreneur healthcare, and individuals who depend sports and spend time with him during from Indiana, you never could have on healthcare who are not well to do, the day. gotten by with the way this place runs through Medicaid, will be left holding I recognize Gary, but I also want to its business. The Federal Government the bag. recognize the entire Woodland family—

VerDate Sep 11 2014 05:22 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.050 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4617 his parents, Dana and Linda; his wife, Supreme Court in 2016, where ‘‘the sig- legislation, and it will not preempt Gabby; his son, Jaxson; and the twin naler,’’ Justice Alito, awaited the case. laws in States that substantially meet girls they are expecting. This is a tre- Public employee unions received a or exceed this standard. mendous achievement. temporary reprieve in a deadlocked 4- The right to organize shouldn’t de- Kansans are extremely proud of you, to-4 decision because of Justice pend on whether or not your State has Gary. We wish you and your family the Antonin Scalia’s unexpected death. robust worker protections, like the best of luck moving forward, and we The well-funded conservative inter- State of Hawaii, and workers shouldn’t will continue to root for your success. ests then saw a huge opportunity to fill be held captive to the anti-union bent I suggest the absence of a quorum. the vacancy with a Justice to their lik- of the Roberts Five on the Supreme The PRESIDING OFFICER (Mr. ing. From applauding Senator MCCON- Court. BRAUN). The clerk will call the roll. NELL’s single-handedly blocking the The fight to protect the right to or- The senior assistant bill clerk pro- nomination of Merrick Garland to ganize is not an abstract issue. Unions ceeded to call the roll. spending millions to confirm Neil have lifted people into the middle Mr. BROWN. Mr. President, I ask Gorsuch, they wanted a Justice who class, especially women and people of unanimous consent that the order for was on their side. color. the quorum call be rescinded. They got it in Neil Gorsuch, who de- I speak from personal experience. The PRESIDING OFFICER. Without livered the decisive fifth vote in Janus, When I was a young child, my mother objection, it is so ordered. torpedoing 41 years of precedent under worked for years in low-wage jobs that I yield the floor. the pretext of protecting ‘‘fundamental provided no job security, no The PRESIDING OFFICER. The Sen- free speech rights.’’ Justice Elena healthcare, and no stability. We lived ator from Hawaii. Kagan saw right through this argu- paycheck to paycheck. That all Ms. HIRONO. Mr. President, I ask ment. In a strong dissent, she said: changed when my mother and her co- unanimous consent that following my ‘‘The majority overthrows a decision workers organized and formed a union. remarks on the floor, Senator BROWN entrenched in this Nation’s law . . . for That union happens to be the CWA. resume his remarks. over 40 years . . . and it does so by Unionization brought job and eco- The PRESIDING OFFICER. Without weaponizing the First Amendment, in a nomic security to our family. Our pub- objection, it is so ordered. way that unleashes judges, now and in lic employee unions are fighting on be- f the future, to intervene in economic half of millions of people across our country who are serving our commu- PUBLIC SERVICE FREEDOM TO and regulatory policy.’’ Undermining public employee unions nities. They are our teachers, our fire- NEGOTIATE ACT and, in fact, all unions has gained mo- fighters, social workers, EMTs, and our Ms. HIRONO. Mr. President, conserv- mentum because of the conservative police officers. They are us. ative, rightwing forces in our country majority on the Supreme Court. With These are not normal times. We all are engaged in an all-out assault on this narrow majority, we are likely to need to come together to fight back working people. Their target? Private see a lot more 5-to-4 decisions on ideo- against an all-out assault on working and public sector workers and the logical, partisan lines. This is not good people. unions who are fighting on their be- for the country and not good for the I yield the floor. half. While private sector unions at credibility of the Court. We need a Su- The PRESIDING OFFICER. The Sen- least have some protections under the preme Court that strives to achieve ator from Ohio. National Labor Relations Act, public consensus as often as possible, not one Mr. BROWN. Mr. President, I want to employees have been historically pursuing a hard-right ideological agen- first of all thank Senator HIRONO for forced to rely on Supreme Court prece- da. introducing one of the most important dent to protect their basic rights. In the face of these onslaughts from bills this session. It is all about collec- That is why the Court’s decision last the Supreme Court and conservative tive bargaining rights. It is all about year in Janus was so damaging. In one interests, unions are fighting back. We workers’ voices being heard and all fell swoop, the Court overturned more have seen tens of thousands of teachers about the dignity of work. than 40 years of precedent from the taking to the streets in cities and Just last week I was with Senator Abood decision and barred public sec- States across the country demanding HIRONO with a number of her constitu- tor unions from collecting fair share and in many cases securing more in- ents from her State, and they talked fees from employees who had opted out vestment in schools, smaller class about her support for manufacturing or of the union but whom the union is sizes, and a living wage for teachers. especially her support for workers. I still legally required to represent. In the year since Janus, public sector was particularly pleased when she men- The Supreme Court’s decision in employee unions like AFSCME are tioned the Communications Workers of Janus was not unexpected. Its decision adding thousands of new dues-paying America. I have staff with me on the was the culmination of decades-long ef- members energized to fight back floor—some of my Ohio staff, including forts by groups like the Federalist So- against the conservative assault on my State director, who came out of the ciety and the Heritage Foundation to unions’ very existence. CWA. I know how important workers’ undermine settled precedent in Abood Our public employee unions are doing rights are. So I thank Senator HIRONO in order to weaken public sector their job to stay in the fight and Con- for introducing this bill. If we did noth- unions. These groups worked methodi- gress needs to do its part. That is why ing this session but pass that legisla- cally to achieve their goals. I joined 35 of my Senate colleagues and tion, it would be a huge victory for First, Justice Alito all but invited a 27 of my House colleagues this week to workers. challenge to Abood when he wrote his introduce the Public Service Freedom Unfortunately, we have a Supreme decision in Knox v. SEIU Local 100 and to Negotiate Act of 2019. Court that puts its thumb on the scales Harris v. Quinn. He called the justifica- This legislation affirms to all 17.3 of justice in every case, choosing cor- tion for allowing a union to collect fair million public sector workers nation- porations over workers, choosing Wall share fees ‘‘an anomaly.’’ He said ‘‘the wide that we value their service to the Street over consumers, choosing, in far Abood Court’s analysis is questionable public and that we are fighting to pro- too many cases, health insurance com- on several grounds’’ and laid out the tect their voice in the workplace. panies over sick people. And today’s grounds as he saw them for someone to Our bill codifies the right of public Supreme Court case is aimed and tar- bring a case to overturn Abood. employees to organize, act concertedly, geted directly at States like mine, This was an open invitation to con- and bargain collectively in States that Ohio, a State that is a swing State and servative groups to then go looking for currently do not afford these basic has 12 Republican House Members, 4 a plaintiff to do just that—to create an rights. Democratic House Members and has opportunity for the Supreme Court to Under our legislation, States have had that same configuration of 12 and 4 overturn Abood. They funded wide flexibility to write and administer for 4 State elections because of redis- Friedrichs v. California Teachers Asso- their own labor laws, provided they tricting. But it is no surprise, with the ciation, which was fast-tracked to the meet the standards established in this Supreme Court deciding that they were

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The Fairness for High- have come to call America their home, never seen a Supreme Court in my life- Skilled Immigrants Act is an impor- adopting our customs, our language, time that is this beholden to corporate tant point of common ground. our ways of life, having been educated interests, that is this beholden to bil- Employment-based immigration here and socialized here. lionaire contributors, that is this be- visas—the one significant area of our Because immigrants in the backlog holden to special interests. We have immigration system based on skills are also severely limited in their abil- never seen a Court like this. and based on merit—are currently ity to change jobs, the per-country What does this mean? It means that issued in accordance with rigid, arbi- caps often force them to work under instead of citizens choosing their elect- trary, antiquated, and outdated per- conditions that other employees would ed officials, it is politicians choosing country quotas. This means that in a justifiably and understandably find whom they represent. That is why you given year, immigrants from any one completely unacceptable. This exposes get these districts that will stay 12-to- given country cannot, in most cases, be these immigrants to harassment, ex- 4 Republican, where voters have no real given more than 7 percent of the total ploitation, and abuse, without any op- say in these elections because of the number of visas allocated. As a result tion of switching employers. What is way it is lined up. of this, immigrants from nations with more, because these employees can’t We have a Supreme Court that is hos- large populations have significantly switch jobs, they have less power to ne- tile to voting rights, hostile to worker longer wait times to get a green card gotiate fair salaries, which depresses rights, hostile to women’s rights, hos- than do immigrants from smaller coun- wages not only for these immigrant tile to LGBTQ rights. That is what this tries. In some cases, they could be workers themselves but also for their Supreme Court has given us, as Sen- stuck in a backlog of green card peti- colleagues, whether or not they are American citizens. ator MCCONNELL, in his office down the tions for decades. Fortunately, the solution to these hall, continues to push judges like this This makes no sense. This is arbi- problems is not only straightforward who don’t look toward the public inter- trary. It is capricious. It is unfair. It is but agreed upon by a broad, bipartisan est. They are always looking toward un-American. It is not what we do. coalition of lawmakers. We must elimi- rewarding their billionaire contribu- This is one of the many features of our nate the per-country caps to ensure a tors. Buddy Holly/Elvis Presley-era immi- fair and reasonable allocation of em- Again, I thank Senator HIRONO for gration code that are outdated and ployment-based green cards. That is her work. that need to be cast into the dustbin of exactly what the Fairness for High- I yield the floor. history. These per-country visa caps Skilled Immigrants Act would accom- The PRESIDING OFFICER. The Sen- cause serious problems for good people, plish, and that is exactly what this bill ator from Utah. for American businesses and American is all about. workers alike, and they cause unfair, f Without the per-country caps, our undue, and immense hardship for the UNANIMOUS CONSENT REQUEST— skills-based green card system would immigrants who happen to be unfortu- operate on a first-come, first-serve S. 386 nate enough to be stuck in that very Mr. LEE. Mr. President, I rise today basis, ensuring that immigrants are ad- backlog. mitted into the United States purely to speak about the Fairness for High- While employment-based green cards based on merit rather than on the arbi- Skilled Immigrants Act, an important are supposed to go to immigrants with trary, outdated, unreasonable basis of and bipartisan piece of legislation on high skills who will help grow the their country of origin. This, after all, which I have been a proud sponsor and American economy, the per-country is what the American dream has often on which I have been proud to work caps distort this system by causing been about. It is about who we are as a with Senator HARRIS to bring this bill some immigrants to wait years before people rather than where our parents to fruition. receiving a green card for a reason that came from, who they were, what they It has been many years in the mak- may be totally unrelated and generally looked like, and what language they ing, and I am pleased to stand behind is completely detached from their might have spoken. this legislation and to push it forward. qualifications. This undermines our This reform would also ensure that There is no question that immigration ability to bring the best and the the hardships caused by decades-long is one of the most important and also brightest individuals to our country. It wait times would be eliminated. politically fraught and politically is to our harm, and it is to our own Importantly, the Fairness for High- charged issues in front of Congress shame. Skilled Immigrants Act also contains right now. More often than not, we Further, the per-country caps force critical safeguards to ensure that the can’t even seem to agree on what the the immigrants that are stuck in this transition from the per-country cap problems in our immigration system backlog—95 percent of whom are al- system to a first-come, first-served sys- are, let alone come to an agreement ready inside the United States—to tem would occur smoothly and without about how best to solve them. make the difficult choice between, on unduly disrupting existing immigra- That makes it all the more impor- the one hand, staying in America and tion flows. Specifically, this bill in- tant for us at least to come together to waiting decades for a green card, or on cludes a 3-year set-aside of green cards get something done in those areas the other hand, leaving and taking for immigrants who are not in the where we can find common ground and their talents to a country that provides backlog to ensure that they can con- do so across party lines on issues that a fairer process for allocating legal im- tinue to enter the country as we proc- are neither Republican or Democratic, migrant status as a worker. ess backlog petitions. neither liberal or conservative, but Worse still, because individuals in In addition, the bill contains an im- that are simply American issues that the green card backlog can only spon- portant ‘‘do no harm’’ provision to are central to who we are. sor temporary visas for their children make certain that green card appli- We are great as a country not be- while these children are younger than cants who are at the front of the line cause of who we are but because of 21, the per-country caps force families now will stay at the front of the line what we do, because of the fact that we to choose between separating and send- and not be faced with new delays as we choose freedom, we choose to be wel- ing their children back to their coun- work through the backlog during this coming, and we choose to be that shin- try of origin as they age out of their transition process. These provisions ing city on the hill, where anyone can visas while their parents keep waiting will ensure that we are truly treating come into this country, be born or im- in the United States for their own op- all immigrants in the employment- migrate into this country as a poor portunity to receive a green card or based system fairly.

VerDate Sep 11 2014 05:22 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.054 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4619 For many years, this critical legisla- the desk be agreed to; that the bill, as The legislative clerk proceeded to tion was stalled because of the con- amended, be considered read a third call the roll. cerns of some Members that any re- time and passed; and that the motions Mr. UDALL. Mr. President I ask form to the employment-based visa to reconsider be considered made and unanimous consent that the order for system should be accompanied by new laid upon the table. the quorum call be rescinded. protections against fraud and abuse in The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without the H–1B program. To address those objection? objection, it is so ordered. concerns this Congress, I negotiated an The PRESIDING OFFICER. The Sen- f amendment to the Fairness for High- ator from Kentucky. AMENDMENT NO. 883 TO S. 1790 Skilled Immigrants Act with Senator Mr. PAUL. Reserving the right to ob- GRASSLEY to include new protections ject, I have offered a modest com- Mr. UDALL. Mr. President, I ask for American workers in how we proc- promise amendment to this legislation. unanimous consent to call up Udall ess applications for H–1B visas. I stand ready and open to negotiate amendment No. 883. This amendment negotiated with and discuss this. We have often dis- The PRESIDING OFFICER. The Senator GRASSLEY does three things: cussed it in private and in public. I will clerk will report. First, the Grassley amendment would object until we can get to negotiating The legislative clerk read as follows: strengthen the Department of Labor’s terms, and we can hopefully pass this The Senator from New Mexico [Mr. ability to investigate and enforce labor bill once we enter into a dialogue. UDALL], for himself and others, proposes an condition application requirements. In The PRESIDING OFFICER. Objec- amendment numbered 883 to S. 1790, as addition, it would reform the labor tion is heard. amended. condition application process to ensure The Senator from Utah. Mr. UDALL. I ask unanimous con- complete and adequate disclosure of in- Mr. LEE. Mr. President, I approach sent that the reading of the amend- formation regarding the employer’s H– with great sadness and disappointment ment be dispensed with. 1B hiring practices. Finally, it would the response just brought about by my The PRESIDING OFFICER. Without close loopholes by which employers distinguished colleague, my friend, the objection, it is so ordered. could otherwise circumvent the annual junior Senator from Kentucky. I have a The amendment, as amended, is as cap on H–1B workers. great deal of respect for him. The fact follows: Importantly, the Grassley amend- that he and I have worked on so many (Purpose: To prohibit unauthorized military ment—like the underlying bill itself— issues side by side together in order to operations in or against Iran) consists of provisions that have long improve government makes this not At the end of subtitle C of title XII of the enjoyed support from Members of this easier but makes it more difficult. amendment, add the following: body on both sides of the aisle and The reforms to which my distin- SEC. 1226. PROHIBITION OF UNAUTHORIZED from every point along the ideological guished colleague, the junior Senator MILITARY OPERATIONS AGAINST from Kentucky, refers are themselves IRAN. spectrum. They are drawn from an H– (a) IN GENERAL.—No funds authorized by 1B reform bill that has been cham- born of a genuine desire to improve our this Act may be used to conduct hostilities pioned both by Senator GRASSLEY and immigration system. But, alas, the re- against the Government of Iran, against the by Senator DURBIN. forms he has proposed are not, in my Armed Forces of Iran, or in the territory of I am grateful that Senator GRASSLEY view, compatible with the scope of this Iran. was willing to come to the table and bill, nor are they compatible with (b) RULE OF CONSTRUCTION.—Nothing in work in good faith on achieving a rea- something that can reasonably pass this section may be construed— sonable compromise on this bill. I be- through this body. That is one of the (1) to restrict the use of the United States reasons I have introduced the legisla- Armed Forces to defend against an attack lieve the deal we have struck is a fair upon the United States, its territories or and evenhanded way to address long- tion as I have. possessions, or its Armed Forces; standing concerns about our H–1B sys- I worked on this nearly the entirety (2) to limit the obligations under the War tem while eliminating country-of-ori- of the 81⁄2 half years I have had the op- Powers Resolution (50 U.S.C. 1541 et seq.); or gin discrimination in how we allocate portunity and great privilege to serve (3) to affect the provisions of an Act or a skills-based green cards. the people of Utah in the Senate. This joint resolution of Congress specifically au- The reason the Fairness for High- is by far the closest we have ever come thorizing such hostilities that is enacted Skilled Immigrants Act enjoys such to having a deal, and we achieved that after the date of the enactment of this Act. broad, solemn, deep, and unwavering deal by keeping this bill focused on the Mr. UDALL. I ask for the yeas and bipartisan support is because it does very things this legislation deals with. nays. not include any of the typical partisan The suggestions that Senator PAUL The PRESIDING OFFICER. Is there a poison pills and other controversial has made, while born of great concern sufficient second? provisions that so often undermine and for our country and a noble degree of There appears to be a sufficient sec- in many cases doom other immigration commitment to serving the people of ond. reform efforts. This is a narrow, sur- his State, are not themselves compat- The yeas and nays are ordered. gical reform—one that is necessary, ible with the scope of this legislation, Mr. UDALL. Mr. President, I ask one that is palatable, and one that is nor are they compatible with what unanimous consent to speak on my long overdue. would likely be passed by this body. amendment. I would like to conclude by thanking We have an opportunity right now to The PRESIDING OFFICER. Without Senator HARRIS, who has been an inde- pass this. This could pass this body objection, it is so ordered. fatigable partner with me on this bill. right now. I find it greatly dis- Mr. UDALL. Mr. President, I rise to I have been proud to work side by side appointing that my colleague and my respond to some of the criticisms of the with her to eliminate the country-of- friend has chosen not to allow this to Udall amendment that I believe are origin discrimination and bring about a pass this body today. This is something misleading and deserve a response. system of fairness in how we allocate that could and should and otherwise To start, I want to point out an area employment-based green cards. would pass this body today without of agreement. The opposition says our This is an important and, indeed, es- that objection. amendment is simple, and it agrees on sential reform to our immigration laws I would respectfully but with all the its intent—that this amendment would and one that has been a long time com- urgency I am capable of commu- prohibit a war with Iran without there ing. nicating implore my colleague, the dis- being congressional approval, and that Mr. President, I therefore ask unani- tinguished Senator from Kentucky, to is what the vote is about. The argu- mous consent that the Committee on reconsider his objection and allow this ments from those in the opposition the Judiciary be discharged from fur- to pass. mislead to avoid that simple truth. ther consideration of S. 386 and that I yield the floor. They are trying to create excuses for the Senate proceed to its immediate I suggest the absence of a quorum. why we should ignore the Constitution consideration. I ask unanimous con- The PRESIDING OFFICER. The and open the door to war with Iran sent that the Grassley amendment at clerk will call the roll. without having a vote. President

VerDate Sep 11 2014 06:01 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.055 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4620 CONGRESSIONAL RECORD — SENATE June 27, 2019 Trump has said he was 10 minutes away Constitution in the face of a President istration, not when the President is from doing just that. who is threatening to flout it. Our Na- openly declaring that he needs no au- Here is some of what we have heard. tion is strong when we are united. We thority from Congress to launch a war Critics say we only have one Com- do not need to give up congressional against Iran. The letter reads that the mander in Chief, not 535, and so we authority over war and peace to one amendment ‘‘purports to limit the should not pass this amendment. man, the President, in order to be President’s authority in discharging We agree. We only have one Com- strong. his responsibility as Commander in mander in Chief, but the Commander in Congress has authorized military ac- Chief,’’ which is simply false. Chief executes wars. Only Congress can tion before, and when majorities be- The amendment straightforwardly declare them. Our Founders made that lieve that the circumstances warrant affirms the constitutional authority of decision for good reason. Dictators and it, Congress will do so again. If we fear Congress to authorize military action— Kings declare war unilaterally. Democ- Iran so much that we are willing to authority that the President is openly racies don’t. In our democracy, the walk away from the constitutional re- flouting in his public comments. people decide whether we go to war or quirements to authorize military ac- If Congress authorizes military ac- whether we don’t go to war through tion, that would be the real sign of tion against Iran, the Commander in their elected representatives. Congress weakness. Chief would be free to execute it. is the most direct voice of the people. We have also heard that we cannot The letter asserts, without evidence, Once that decision has been made, rely on Congress to authorize force if that our amendment will embolden then it is up to one Commander in we need it to. We heard that Congress Iran. I hope we are not so weak that we Chief to execute that war. The people can barely name a post office. So how think our Constitution emboldens Iran. of New Mexico did not send me here to can we trust it with this kind of deci- Overall, the letter cites nothing—the be a battalion commander or a general, sion? What if Congress is out of town Constitution, no law, no DOD policy, and I have no intention of acting like and cannot vote? no legal analysis, nothing—in support one. The people of New Mexico sent me First, it is disappointing to hear of its claims. here to do my constitutional duty, and Members of the Senate speak so cyni- This letter from DOD, which lacks a article I, section 8 vests the power of cally about this body on the floor dur- confirmed Secretary, is a disappoint- declaring war with the Congress. ing a debate as important as this. The Critics also falsely say our amend- ment, but it should not be read as any Congress does not function perfectly. ment limits our forces’ ability to de- authoritative take on this amendment, That is very true. Yet history is clear fend themselves or take incoming fire its intent, or its effect. that Congress has authorized military before they can respond. The majority Some have said that this amendment force many times in the past. I have leader said our amendment defines would block the United States from supported some, and I have opposed ‘‘self-defense’’ too narrowly. helping Israel defend itself from an Ira- I am confused at what he is referring others, but we had debates and votes. nian attack. I support Israel’s right to to. Our amendment does not include a Only recently has the 2001 authoriza- defend itself, and this argument does separate definition of ‘‘self-defense.’’ tion been so abused to authorize mili- not hold up. Our amendment expressly states that tary action all over the globe—far be- First, this amendment has no impact it does not restrict ‘‘the use of the yond the al-Qaida and Afghanistan on our ongoing security assistance and United States Armed Forces to defend mission that Congress thought it was cooperation with Israel, including the against attack.’’ This language does voting on. recent MOU signed with Israel by not, in any way, change the Depart- Congress, though, has had these de- President Obama. ment of Defense’s rules of engagement bates and has voted, and those deci- Second, if Israel is attacked, there is that guide how to exercise our inherent sions represent our national decisions. nothing in this amendment that would right of self-defense. The DOD does not I see no reason to turn our back on our prohibit the United States from com- require a unit to absorb an attack be- Constitution just because Iran is a re- ing to its aid with defensive measures. fore it can defend itself, and neither gional threat and this administration Third, if Israel is attacked and the does our amendment. has manufactured a crisis to exacer- United States wants to send our mili- The only restriction in the amend- bate that threat. tary to engage in direct hostilities, we ment is that the President cannot If there is a national security crisis are going to need to debate and author- enter into hostilities without having that requires Congress to vote on mili- ize any response in Congress. That is congressional approval. It is a restric- tary force, we can all get on a plane simply what the Constitution says. tion that is embedded in our Constitu- and come to Washington and do our Finally, the biggest risk of Iranian tion. If the Republicans are proposing jobs. Maybe we will even have a vote attacks on Israel, according to one to do away with that restriction, I on Friday. Congress voted after Pearl Israeli Cabinet Minister last month, is agree with my colleague Senator Harbor, and Congress voted after 9/11. the escalating tension between the MERKLEY that they must come to the Both were in the middle of national United States and Iran. floor and propose a constitutional crises. Our troops will be the ones mak- The best thing we can do to protect amendment to do so. ing real sacrifices. We can bear the Israel is diplomacy to stop a broader Our forces in Iraq, Bahrain, and other cost of some inconvenient recess trav- regional war in the Middle East. If the locations in the Middle East are fully el. Our job is to debate and vote on United States does go to war with Iran, capable and empowered to defend matters of war and peace—period, end Israel is likely to face very serious themselves, and this amendment does of story. threats, and that is something we not affect that. Unfortunately, the op- We have also heard that the Depart- should take seriously if we consider the position is just repeating itself, trying ment of Defense is opposed to our use of force. to generate a reason to abdicate its amendment. Israeli Energy Minister Yuval own constitutional duty. Yesterday, Mr. John Rood, the Under Steinitz said in May that ‘‘things are We have also heard criticism that Secretary for Policy at the Department heating up’’ in the Persian Gulf. this amendment is ‘‘appeasing the Aya- of Defense, sent a letter to the leaders He said: tollahs’’ and represents ‘‘weakness’’ of the Armed Services Committee in If there’s some sort of conflagration be- and that we must allow the President its opposition to our amendment. The tween Iran and the United States, between to launch military action to be tough. letter is short, and while it contains Iran and its neighbors, I’m not ruling out We have heard these kinds of argu- speculation and rhetoric, it includes no that they will activate Hezbollah and Is- ments before. They were very common legal analysis and fails to address the lamic Jihad from Gaza, or even that they in the run up to the disastrous Iraq plain language of the amendment or will try to fire missiles from Iran at the war. Do not question the arguments for longstanding DOD authority or rules of State of Israel. war. To do so is to be weak. engagement. So the threats to Israel from Iran I could not disagree more. I am disappointed in the letter, but it only make it more important that we Our Constitution is our strength, and should not be a surprise from a polit- have a full debate and vote on military this amendment simply reaffirms our ical appointee from the Trump admin- action, not less important.

VerDate Sep 11 2014 05:22 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.058 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4621 Again, the purpose of our amendment thority and duty to respond, if nec- women. She used to joke that the only is simple: The President is threatening essary, in an appropriate way to return way she could attend college is if she to launch military action against Iran fire on the very batteries that have robbed a bank, but after finishing the without authorization, publicly flout- shot down an American aircraft. Chicago GirlForward program in 2017, ing Congress. This amendment says I yield the floor. she now attends North Park University that we are not going to go into an un- f in Chicago, on a scholarship. authorized war with Iran. TRIBUTE TO BLAIR GirlForward is routinely cited as one If the President and Members of this BRETTSCHNEIDER of the best charities in Chicago. Read- body think we need to take military er’s Digest declared GirlForward the action against Iran, then let’s have Mr. DURBIN. Mr. President, I want Best of America. that debate and let’s vote. to tell you about two young women My visits to GirlForward in Chicago The Udall amendment ensures we fol- from Chicago and a discovery they were some of the happiest moments on low the constitutional process. To do made together that has helped to my schedule. Young women from every otherwise is to be in dereliction of our transform the lives of hundreds of comer of the world found friendship constitutional duty. other young women. and encouragement with their peers. Mr. ROMNEY. Will the Senator from Domitira Nahishakiye moved with The processes of assimilating language New Mexico yield for a question? her family from the African nation of and culture were lifted as these amaz- Burundi to Chicago in 2007. Three years Mr. UDALL. The Senator from New ing young women came together and later, she found herself overwhelmed. Mexico yields the floor. shared their struggles and joys. Mr. ROMNEY. Mr. President, I very At 18, she was attending high school, In helping young women refugees to trying to prepare for college, and car- much appreciate the perspective and thrive in their new home, Blair ing for her three younger siblings. sincere thoughts and ideas coming Brettschneider is following in the foot- The refugee resettlement efforts from my good friend from New Mexico. worked mostly with boys and young steps of another great Chicagoan. In The Senator indicated that those men. It didn’t offer many programs to 1889, Jane Addams founded Hull House who oppose this are trying to create help Domi balance the pressures of car- on the Near West Side of Chicago. It excuses for why we should ignore the ing for her siblings and preparing for was one of America’s first settlement Constitution. college. Getting ready for college is houses, where new citizens could ac- I would note that in my remarks this tough for almost everyone. Imagine quire domestic and job skills and learn morning I noted specifically that this how much harder it is if you have about American Government and cus- is not an authorization to use military grown up in another culture and you toms. For her work with Hull House force against Iran or anyone else. It is are helping to care for three siblings. and other social justice causes, Jane a statement of continued commitment Fortunately, Domi met another Aaclams became the first American to our national defense, and, precisely, young woman named Blair woman ever to receive the Nobel Peace it is saying that under the Constitution Brettschneider. Prize. only Congress may declare war. That is Blair grew up in Detroit. After grad- GirlForward is a new version of Hull something I said specifically. uating from the University of Miami in House. But the Senator goes on to note—he Florida, she had hoped to become a In July, Blair will be leaving says that only the Congress—specifi- journalist, but the Great Recession GirlForward. Fortunately, she leaves cally, his words are ‘‘ignore the Con- caused Blair to rethink her career the GirlForward programs in stitution, open the door to war with path. She moved to Chicago to work Chicagoland and in Austin in strong Iran without a vote.’’ for AmeriCorps VISTA, sometimes shape. President Trump has said he was 10 called the domestic Peace Corps. Blair On behalf of the hundreds of young minutes away from doing just that. Is was a ‘‘gofer’’ for the refugee resettle- women whose lives GirlForward has the Senator saying that if the Presi- ment agency. helped enrich and transform and the dent were to do what he was contem- Not content with coffee runs and hundreds of young women who will fol- plating, and that is to take out missile other ‘‘busy work,’’ Blair started talk- low them, I want to thank Blair batteries with the potential of the loss ing to the families her agency was Brettschneider for her remarkable of life of as many of 150, but also it helping. That is how she met Domi. work and wish her all the best in her could be with a prewarning, with no Blair started to tutor Domi and help new efforts. loss of life, but taking out missile bat- her with her homework at the after- f teries that have fired upon an Amer- school center, but Domi’s home respon- ican aircraft—unmanned American air- NATIONAL DEFENSE sibilities made it difficult for her to at- AUTHORIZATION ACT craft—if he were to have done that in tend the sessions regularly. response to their shooting down an air- Rather than give up, Blair started tu- Ms. HIRONO. Mr. President, today I craft in international airspace, that toring Domi at her home. She helped wish to discuss Senate amendment No. constitutes going to war and would her master her studies and apply for 861, offered by our colleague from Utah. have required a vote of Congress to au- college. She also helped Domi adapt to The author of the amendment, Sen- thorize shooting down or attacking life in her new homeland. ator ROMNEY, and others have made missile batteries that have fired rock- Blair realized that Domi was not clear that this language does not con- ets at an American airship? alone. Many immigrant girls and stitute an authorization of the use of I am referring to the Senator’s com- young women Blair spoke with shared military force, or AUMF. I agree with ments precisely, and I will read the en- the same needs, and many refugee that assessment. tire point. agencies just weren’t set up to help While this amendment appears to re- The Senator said: ‘‘They are trying them. state existing Presidential authority to to create excuses for why we should ig- That realization led Blair to estab- defend the country in the event of an nore the Constitution and open the lish a foundation in 2011 to provide attack, it includes other language that door to war with Iran without a vote.’’ other young women refugees in could be interpreted to provide more President Trump has said that he was Chicagoland with the same types of authority to the President. That con- 10 minutes away from doing just that. support that Blair offered Domi. It is cerns me, which is why I voted against So in the Senator’s view, is responding called GirlForward. It has since ex- this amendment. in a very limited manner, as he was panded its reach to help young women Ms. DUCKWORTH. Mr. President, contemplating, taking out missile bat- in Austin, TX, as well. Since 2011, amendment No. 861 fully captures the teries potentially—would that have GirlForward has helped nearly 300 ref- utter failure of the modern Congress to constituted going to war and required ugee women in the Chicago area and in assert and defend congressional war the vote of Congress? Austin find mentors, friends, support, powers that the U.S. Constitution sole- That is my question, because I be- and encouragement in America. ly vests in the legislative branch. It lieve that is not the case. I believe the Amina Imran, a refugee from Paki- treats matters of life and death as President has the constitutional au- stan, is one of those fortunate young mere fodder for political ‘‘gotcha’’

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.059 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4622 CONGRESSIONAL RECORD — SENATE June 27, 2019 votes and represents an approach to interpretation of his legislative lan- considered by our Nation’s duly elected legislating that is ultimately as sim- guage. However, would the sponsor representatives in the broad light of plistic as it is dangerous. argue that such an interpretation is day. To remind my colleagues that we If one asked 10 attorneys to analyze unreasonable or not possible? Would a must always demand the Commander the text of amendment No. 861, one Federal Court not defer to the Federal in Chief clearly outline our desired might very well receive 10 wildly dif- Agency’s interpretation of a vague and strategic end state before authorizing ferent interpretations of what the un- ambiguous statute? I do not know the military action that puts our troops in defined terms in the amendment mean, answer to either question; yet I know harm’s way. from the use of the term ‘‘attack by this: I am not willing to take that risk. The bottom line is that only Con- the government, military forces, or We are living with the consequences gress has the power to declare war. We proxies of a foreign nation or by other of a previous Congress that rushed to are the ones tasked with deciding when hostile forces’’ to the phrase ‘‘used to pass a concise authorization for use of and how we send Americans into com- ensure the ability of the Armed Forces military force that appeared targeted bat. We are the ones the Constitution of the United States to defend them- and limited at first. We have watched charged with that most solemn duty. selves, and United States citizens.’’ as Republican and Democratic admin- For too long, too many elected offi- As the authors plausibly argue, the istrations alike subsequently employed cials have avoided the responsibility intent of the amendment may very creative and broad legal interpreta- and burden of declaring war. Fearing well be to simply reaffirm existing tions of that authorization to contin- electoral risks and staring down com- legal interpretations and norms that ually expand which parties were con- ing elections, multiple Congresses have authorize the U.S. Armed Forces to de- nected with the horrific terrorist at- shirked their constitutional responsi- fend itself and our citizens against at- tacks of September 11, 2001. bility to our troops by refusing to re- tack by a foreign nation or other hos- To this very day, the Trump adminis- peal the existing authorization for use tile force. As supporters argue, the tration cites this authorization for use of military force, while avoiding con- amendment language avoids using the of military force as legal justification sideration any new authorizations for specific phrase ‘‘authorization for use to unilaterally deploy Americans all use of military force. Enough—enough of military force,’’ and thus one may around the world, even though it was of being so worried about political con- argue that it is technically not an authorized in response to an event that sequences that we fail to do our own ‘‘AUMF.’’ took place before some of these troops jobs, even as we expect our troops to do Yet adopting such an interpretation were even born. To be clear, I am not theirs without complaint every day. requires ignoring years of executive asserting that I oppose the premise or We need to do better by our branch overreach when it comes to substantive motivation of every mili- servicemembers. We owe it to them to taking unilateral military action with- tary action that has taken place under honor their sacrifices. Part of that out seeking an authorization for use of the recent Presidential administra- means ensuring that no American military force or a declaration of war tions. I am simply stating that such sheds blood in a war Congress has not from Congress. It requires willfully forgetting the actions must be debated and voted on authorized, or unintentionally author- behavior of our current President and by Congress. ized by passing vague language such as I deployed to fight in a war I person- past Presidents of both parties, who in amendment No. 861 that can be ally opposed because it was ordered by have chosen to define the concept of twisted to be read as empowering the Commander in Chief, and these or- Commander in Chief under Article II of President Trump to take preemptive ders were pursuant to an authorization the U.S. Constitution to be less a com- military action. for use of military force that was pub- mander and more an emperor while the We should be disciplined in forcing licly debated and passed by a majority legislative branch has sat idly by as its any President who wishes to go to war war powers were rapidly seized by the of our Nation’s elected representatives. to bring their case to Congress and give modem imperial Presidency. Opposing a vaguely worded amendment the American people a vote through Congress is a coequal branch of gov- whose own author and proponents as- their elected representatives. That is ernment. It is time we started acting sert is duplicative and unnecessary and how we truly respect our like it. We cannot trust any President which I believe may unintentionally servicemembers and military families: to take a blank check and fill in a rea- open the door to unlimited unilateral by demanding debate that is honest sonable number. I must oppose amend- military action, ultimately is a vote to and clear-eyed about the likely loss of ment 861 because, in my reading, any make our Nation stronger, more ac- life and the risks of escalation that ac- President of any party would adopt the countable, and a more perfect union in company any use of force. It is our broadest legal interpretation possible living out the principles contained in duty, and it is the least we can do for in defining what constitutes an ‘‘other our founding document. those willing to risk their lives in safe- hostile force’’ or an ‘‘attack’’ or what Critics may falsely allege that oppos- guarding our democracy, our way of it means to ‘‘ensure the ability of the ing amendment No. 861 is voting life, and our Constitution. Armed Forces of the U.S. to defend against our national defense and mili- So with the drums of war beating themselves.’’ tary. I will strongly reject any such ri- louder and louder by the day, I must This language risks unintentionally diculous claim that slanders me with oppose amendment No. 861 and keep authorizing President Trump to order the accusation that I would ever risk my promise to all who served or are all types of military strikes against the security and safety of the Nation I serving now in defense of this country any number of potential entities that have proudly served in uniform. In vot- we love. I must continue seeking to the President deems to be a threat. ing against amendment No. 861, I am hold all of us who have the honor of How would the Trump administration safeguarding our military from exces- serving in Congress accountable for determine the precise baseline that de- sive use without congressional over- taking back congressional war powers. fines the term ‘‘ability’’ of the military sight. I am simply making clear that Moving forward, I urge the leadership to defend itself? Would allowing the we, in Congress, must begin exercising of the Senate and House Armed Serv- degradation of any platform or capa- the same care and attention in doing ices Committees to work with me to bility qualify as failing to ‘‘ensure the our job as our troops do when exe- strike or significantly restrict this lan- ability’’ of the U.S. Armed Forces to cuting their missions downrange. guage during the conference negotia- defend itself? If so, that would author- One of my primary motivations for tions that will take place over the Na- ize the use of funds in the National De- serving the great State of Illinois in tional Defense Authorization Act for fense Authorization Act for Fiscal Year the U.S. Senate is to help restore con- Fiscal Year 2020. 2020 to take unilateral, preemptive ac- gressional war powers. To remind my f tion again a foreign nation or hostile colleagues that whether one favors force to preserve the current capabili- military action or opposes the use of LOWER HEALTH CARE COSTS ACT ties of the U.S. military. military force, every Member of Con- Mr. ALEXANDER. Mr. President, I I am confident the author of this gress should agree that such matters ask unanimous consent that a copy of amendment would disagree with this deserve to be debated and carefully my opening statement at the Senate

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.057 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4623 Health Education, Labor and Pensions American people pay out of their own pock- out-of-network in 2017 and the median price Committee be printed in the RECORD. ets for health care. charged by air ambulance providers was There being no objection, the mate- Last December, I sent a letter to experts at about $36,400 for a helicopter transport and rial was ordered to be printed in the the American Enterprise Institute and the $40,600 for a fixed-wing transport. Brookings Institution, and to doctors, econo- It is time to stop studying the issue of ex- RECORD, as follows: mists, governors, insurers, employers, and orbitant air ambulance charges and take ac- LOWER HEALTH CARE COSTS ACT other health care innovators, asking for spe- tion. Mr. ALEXANDER. Today we are voting on cific steps Congress could take to lower the Our legislation will treat air ambulances three bills: cost of health care. the same as health care providers—by using First, the Poison Center Network Enhance- We received over 400 recommendations, the local, commercial market-based rate for ment Act, offered by Senators Murray and some as many as 50 pages long. In May, Sen- in-network health care. Burr, to reauthorize and update the national ator Murray and I released for discussion the This legislation will bring more generic network of poison control centers. Lower Health Care Costs Act. Since then, and biosimilar drugs to market faster and Second, the Emergency Medical Services we’ve received over 400 additional comments lower the cost of prescription drugs by: Help- for Children Program Reauthorization Act, on our draft legislation, and last Tuesday, ing biosimilar companies speed drug develop- offered by Senator Casey and me, to ensure we held a hearing to hear additional feed- ment through a transparent, modernized, that, from the ambulance to the emergency back. and searchable patent database. Senators room, emergency health care providers are Last Wednesday, Senator Murray and I for- Collins, Kaine, Braun, Hawley, Murkowski, fully prepared to treat children, who typi- mally introduced the Lower Health Care Paul, Portman, Shaheen, and Stabenow cally require smaller equipment and dif- Costs Act—a bipartisan package of 54 pro- worked on this provision. ferent doses of medicine . posals from 65 senators that will reduce what Improves the Food and Drug Administra- Third, the Lower Health Care Costs Act—a Americans pay out of their own pockets for tion’s drug patent database by keeping it package of 54 proposals from 65 senators—29 health care. more up to date—to help generic drug com- Republican and 36 Democrat, including near- At our hearing on this legislation last panies speed product development, a pro- ly every member of this Committee—that week, Ben Ippolito, an economics and health posal offered by Senators Cassidy and Dur- will reduce what Americans pay out of their fellow at the American Enterprise Institute, bin. own pockets for health care. said:‘‘Together, the provisions in this bill Prevents the abuse of citizens’ petitions The Lower Health Care Costs Act will re- would meaningfully increase competition that can unnecessarily delay drug approvals, duce what Americans pay out of their pock- and transparency in health care markets. If from Senators Gardner, Shaheen, Cassidy, ets for health care in three major ways: enacted, this legislation would lower insur- Bennet, Cramer, and Braun. First, it ends surprise billing. Second, it cre- ance premiums and drug prices for con- Clarifies that the makers of brand biologi- ates more transparency—there are twelve bi- sumers, and would ensure patients are no cal products, such as insulin, are not gaming partisan provisions that will: eliminate gag longer exposed to surprise medical bills. By the system to delay new, lower cost clauses and anti-competitive terms in insur- lowering costs, this bill would also improve biosimilars from coming to market, from ance contracts, designate a non-profit entity access to health care.’’ Senators Smith, Cassidy, and Cramer; and to unlock insurance claims for employers, We also heard from Fredrick Isasi, Execu- Eliminates a loophole that allows drug com- ban Pharmacy Benefit Managers (PBM) from tive Director of Families USA, at our hear- panies to get exclusivity—and delay less charging more for a drug than the PBM paid ing, who said:‘‘The Reducing Lower Health costly alternatives from coming to market— for the drug, and require that patients re- Care Costs Act is an ambitious piece of legis- just by making small tweaks to an old drug, ceive more information on the cost and qual- lation—particularly so as a bipartisan bill in a proposal from Senators Roberts, Cassidy, ity of their health care. You can’t lower your these most contentious of times.’’ and Smith. health care costs until you know what your And Avik Roy recently wrote in Forbes: Modernizes outdated labeling of certain ge- health care actually costs. And third, it in- ‘‘Overall, its provisions could be thought of neric drugs, offered by Senators Bennet and creases prescription drug competition—there as incremental in scope. But some—espe- Enzi. are fourteen bipartisan provisions to help cially those around transparency—could This legislation creates more transparency more lower-cost generic and biosimilar drugs have a significant impact.’’ by: reach patients. Here are a few of the ways this legislation Banning gag clauses that prevent employ- This legislation also extends mandatory will lower health care costs: ers and patients from knowing the true price funding for community health centers, and Ensures that patients do not receive a sur- and quality of health care services. This pro- four additional public health programs, to prise medical bill—which is when you unex- posal from Senators Cassidy and Bennet ensure the 27 million Americans who rely on pectedly receive a $300 bill, or even a $3,000 would allow an employer to know that a these centers for primary care and other bill, two months after our surgery, because knee replacement might cost $15,000 in one health care can continue to access care close one of your doctors was outside of your in- hospital and $35,000 at another hospital; to home, offered by Senator Murray and me, surance network. Requiring health care facilities to provide along with Senators Casey, Cramer, Klo- Senators Cassidy, Hassan, and Murkowski a summary of services when a patient is dis- buchar, and Murkowski. have done valuable work to solve surprise charged from a hospital to make it easier to We have paid for this extension for five medical billing by proposing a solution last track bills, and requires hospitals to send all years with savings from other parts of the fall and again this spring, and lighting a fire bills within 45 calendar days to protect pa- larger bill, which will prevent the uncer- under Congress to end this harmful practice. tients from receiving unexpected bills many tainty and anxiety of short-term extensions. I thank them for their dedication to this months after care, a provision worked on by The Managers Amendment we are voting issue, and for working with Senator Murray Senators Enzi and Casey; and on today includes two additional, significant and me to reach a result that protects pa- Requiring doctors and insurers to provide provisions: First, a bill from Senators tients. patients with price quotes on their expected McConnell and Kaine that will raise the min- Senator Murray and I have agreed on a rec- out-of-pocket costs for care, so patients are imum age for purchasing any tobacco prod- ommendation to our colleagues that the best able to shop around, a proposal from Sen- uct from 18 to 21. This has also been a pri- solution to protect patients from surprise ators Cassidy, Young, Murkowski, Ernst, ority of Senators Young, Romney, Roberts, medical bills is to pay doctors and hospitals Kennedy, Sullivan, Cramer, Braun, Hassan, Murkowski, Collins, Schatz, and others. that are out-of-network the median con- Carper, Bennet, Brown, Cardin, Casey, And two, from Senators Grassley and tracted rate that in-network doctors and Whitehouse, and Rosen. Leahy, and many others, the CREATES Act, hospitals receive for the same services in It will support state and local efforts to in- which will help bring more lower cost ge- their local geographic area, known as the crease vaccination rates, and will help pre- neric drugs to patients by eliminating anti- benchmark solution. vent disease outbreaks, through two pro- competitive practices by brand drug makers. This is a change for me because I was in- posals worked on by Senators Roberts, Altogether, this legislation will help to clined to support an in-network guarantee Peters, and Duckworth. lower the cost of health care, which has be- since I believe it is the simplest solution. There is a provision to help communities come a tax on family budgets and on busi- Some of my colleagues are inclined to sup- prevent and reduce obesity, offered by Sen- nesses, on federal and state governments. port a new independent system of dispute ators Scott and Jones. A recent Gallup poll found that the cost of resolution, known as arbitration. The Con- A provision from Senators Schatz, Capito, health care was the biggest financial prob- gressional Budget Office has indicated that Cassidy, Collins, Heinrich, Hyde-Smith, lem facing American families. And last July, the benchmark solution is the most effective Kaine, King, Murkowski, and Udall will ex- this Committee heard from Dr. Brent James, at lowering health care costs and Chairman pand the use of technology-based health care from the National Academies, who testified Pallone and Ranking Member Walden have models to help patients in rural and under- that up to half of what the American people recommended this proposal to the House of served areas access specialized health care. spend on health care may be unnecessary. Representatives. And there is a proposal to improve access Over the last two years, this Committee We have also extended this protection to to mental health care led by Senators Cas- has held 16 hearings on a wide range of topics air ambulances, because according to the sidy and Murphy, building on their work in related to reducing the cost of health care— Government Accountability Office, nearly 70 the HELP Committee that became law as specifically, how do we reduce what the percent of air ambulance transports were part of the response to the opioid crisis.

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.061 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4624 CONGRESSIONAL RECORD — SENATE June 27, 2019 There are other proposals: ADDITIONAL STATEMENTS camping. It is our sincere wish that For example, banning anti-competitive Trent be blessed with many years of re- terms in health insurance contracts that tirement with his family.∑ prevent patients from seeing other, lower- TRIBUTE TO TRENT CLARK f cost, higher-quality providers. The Wall ∑ Mr. CRAPO. Mr. President, along Street Journal identified dozens of cases TRIBUTE TO TROY WITT with my colleagues Senator JAMES where anti-competitive terms in contracts ∑ Mr. DAINES. Mr. President, this between health insurers and hospital sys- RISCH, Representative MIKE SIMPSON, tems increase premiums and reduce patient and Representative RUSS FULCHER, I week I have the distinct honor of rec- choice. congratulate Trent Clark on his up- ognizing Troy Witt, of Garfield County, Banning Pharmacy Benefit Managers, or coming retirement from the Bayer Cor- for his selfless actions in helping those PBMs, from charging employers, health in- poration after 26 years of service. We in need. surance plans, and patients more for a drug have greatly enjoyed working with Troy, a rancher and commercial than the PBM paid to acquire the drug, Trent over the course of his career and trucker of Sand Springs, spearheaded which is known as ‘‘spread pricing.’’ thank him for the service he has pro- an effort to send much needed dona- Eliminating a loophole allowing the first vided to the people of Idaho in both his tions to farmers and ranchers impacted generic drug to submit an application to the official and individual capacities. by record flooding in Columbus, NE, in FDA and block other generic drugs from On behalf of Bayer, Trent has pro- March of 2019. He was inspired by Mon- being approved. vided steadfast dedication to his re- tanans who came to his aid following Provisions to improve care for expectant sponsibilities inherent as public and the Lodgepole Complex fire, Montana’s and new moms and their babies. largest fire of the 2017 wildfire season. Provisions to make it as easy to get your government affairs director. In that role, he has provided invaluable assist- After losing 85 percent of his ranch, personal medical records as it is to book an Witt was overwhelmed by the out- airplane flight. ance to Bayer’s operations in Soda Springs, which are an integral part of pouring of support and supplies he re- And provisions to incentivize health care ceived from those he had never met. organizations to use the best cybersecurity the southeastern Idaho economy. Most When the opportunity presented practices to protect your privacy and health notably, Trent has played a critical information. role in the effort to permit Bayer’s itself, Witt decided to pay it forward. He planned to load up his 53–foot trail- I hope we will today vote to approve this next phosphate mine, Caldwell Canyon, er with as much hay, fencing material, legislative package so we can present it to which has 40 years of estimated re- water and other supplies as he could Majority Leader McConnell and Minority serves and will be one of the world’s and drive the 700 miles to the drop-off Leader Schumer for the full Senate to con- most environmentally sustainable min- sider next month and would expect that site in Columbus. After the Garfield ing operations, particularly in its ap- other committees will have their own con- County Disaster and Emergency Serv- proach to sage grouse habitat. Trent tributions. ices echoed Witt’s plans, farmers from has also helped to further important Since January, Senator Murray and I have around Montana offered to donate sup- company efforts to support our local been working in parallel with Senator Grass- plies. His efforts helped bring hope to a communities, particularly their school ley and Senator Wyden, who lead the Fi- region where hundreds had lost homes nance Committee. systems, and to protect our environ- and businesses. They are working on their own bipartisan ment. Additionally, for many years, Witt’s act exemplifies the spirit of bill, which they plan to markup this sum- Trent has worked in a collaborative mer. The Senate Judiciary Committee is compassion and selflessness that Mon- manner with key stakeholders with a tanans embody. I and many others marking up bipartisan legislation on pre- genuine humility and desire to achieve scription drug costs tomorrow. And in the thank Mr. Witt for his good deed.∑ a positive outcome. House, the Energy and Commerce, Ways and f Means, and Judiciary Committees have all As an individual citizen, Trent has reported out bipartisan bills to lower the also provided excellent service to the TRIBUTE TO CLYDE TERRY cost of prescription drugs. people of Idaho in his capacity as ∑ Mrs. SHAHEEN. Mr. President, today Secretary Azar and the Department of chairman of the Idaho Workforce De- I wish to salute Clyde Terry for his Health and Human Services have been ex- velopment Council and as a member of many years of dedicated service and tremely helpful in reviewing and providing the boards of the Idaho Humanities staunch advocacy on behalf of people technical advice on the various proposals to Council, Idaho Community Founda- with disabilities. Clyde is retiring from reduce health care costs. tion, and the Idaho Association of his longtime role as CEO of Granite And the president has called for ending Commerce and Industry. Trent’s prior State Independent Living, and he surprise billing and reducing the cost of pre- public service includes 2 years as the scription drugs. The Administration has also leaves a legacy worthy of our praise taken steps to increase transparency so fam- State executive director of the Farm and our gratitude. ilies and employers can better understand Services Administration, 3 years as Granite State Independent Living— their health care costs. The Lower Health chairman of the Idaho Republican GSIL—is a nonprofit that breaks down Care Costs Act is just one example of this Party, a year as staff to the Joint Eco- barriers for seniors and people with dis- Committee reaching a result on a difficult nomic Committee of Congress, and 8 abilities and expands the training and issue. years as staff to former U.S. Senator support services available to them. Its We did that with fixing No Child Left Be- Steve D. Symms. mission is grounded in a firm belief hind, with the 21st Century Cures Act, with Prior to joining Bayer, Trent grad- that all people have a right to define user fee funding for the Food and Drug Ad- uated with honors from Brigham their own level of independence. Under ministration, and most recently, with our re- Young University, where he majored in Clyde’s leadership, GSIL has blossomed sponse to the opioid crisis that included input from 72 senators of both political par- political science and botany. He also into an essential statewide organiza- ties. earned an associate of arts degree from tion with a $17 million budget and sev- We reached those results in the midst of Ricks College in Rexburg, ID. After eral awards and accolades to its name, the argument Congress has been locked in college, Trent worked as a botany in- including Non-Profit of the Year for the last decade about where six percent structor for the Yellowstone Institute, Awards from Business NH Magazine, of Americans get their health insurance. as well an executive vice president for NH Business Review, and the Greater Especially for Americans without sub- the Fox Creek Pack Station. Concord Chamber of Commerce. Serv- sidies, the cost of health insurance remains In addition to Trent’s strong record ice offerings have grown as well to way too expensive. But the reality is we will of leadership and service to the com- meet the aging, education, and employ- never have lower cost health insurance until munity, Trent has served his family ment challenges faced by so many we have lower cost health care. and church well. Trent has been mar- across the Granite State. That is why I am especially glad that 65 ried to the former Rebecca Lee since Clyde has tapped into a wealth of ex- Senators, including nearly every member of May 23, 1986, and together, they have perience to build GSIL into an expan- this Committee, have worked together on the Lower Health Care Costs Act which four children: Brittany (deceased), sive and responsive organization that takes needed steps to actually bring down Kathleen, Christin, and Alexander. remains committed to its founding the cost of health care that Americans pay Trent and his family enjoy horseback principles of personal choice and direc- for out of their own pockets. riding and backcountry hiking and tion. Before his tenure at GSIL, he was

VerDate Sep 11 2014 07:03 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.063 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4625 the executive director of the New ENROLLED BILL SIGNED (RIN0790–AK37) received in the Office of the Hampshire Developmental Disabilities At 6:06 p.m., a message from the President of the Senate on June 26, 2019; to Council, a State agency tasked with House of Representatives, delivered by the Committee on Armed Services. protecting the rights of our State’s Mrs. Cole, one of its reading clerks, an- EC–1789. A communication from the Alter- most vulnerable citizens. While affili- nounced that the Speaker pro tempore nate Federal Register Liaison Officer, Office ated with the council, he coauthored a (Mr. SCOTT) has signed the following of the Secretary, Department of Defense, report on the accessibility of polling enrolled bill: transmitting, pursuant to law, the report of locations in the United States and es- H.R. 3401. An act making emergency sup- a rule entitled ‘‘Public Meeting Procedures tablished himself as a national expert plemental appropriations for the fiscal year of the Board of Regents, Uniformed Services on election reform. He was also an ad- ending September 30, 2019, and for other pur- University of Health Sciences’’ (RIN0790– poses. AK36) received in the Office of the President ministrative hearings officer in the of the Senate on June 26, 2019; to the Com- State’s service systems, and before The enrolled bill was subsequently mittee on Armed Services. that, he helped to create and imple- signed by the Acting President pro EC–1790. A communication from the Chair- ment New Hampshire’s Low Income tempore (Mr. MCCONNELL). man of the Board of Governors, Federal Re- Home Energy Assistance Program. f serve System, transmitting, pursuant to law, Throughout his career, Clyde has MEASURES REFERRED the 105th Annual Report of the Federal Re- shown an unrivaled passion for improv- serve Board covering operations for calendar ing the lives of the disabled, the aged, The following bill was read the first and the second times by unanimous year 2018; to the Committee on Banking, and the impoverished. Housing, and Urban Affairs. I was honored to recommend Clyde consent, and referred as indicated: H.R. 3351. An act making appropriations EC–1791. A communication from the Assist- when a vacancy arose on the National ant Secretary for Export Administration, Council on Disability in 2009. As a for financial services and general govern- ment for the fiscal year ending September 30, Bureau of Industry and Security, Depart- member of the council, he became a ment of Commerce, transmitting, pursuant sought-after voice on the potential of 2020, and for other purposes; to the Com- mittee on Appropriations. to law, the report of a rule entitled ‘‘Addi- autonomous vehicles to broaden a f tion of Entities to the Entity List and Revi- sense of independence among people sion of an Entry on the Entity List’’ with disabilities. He was also a force in EXECUTIVE AND OTHER (RIN0694–AH83) received in the Office of the fighting for fair pay and equal treat- COMMUNICATIONS President of the Senate on June 26, 2019; to ment in the workplace. Clyde was even- The following communications were the Committee on Banking, Housing, and tually named chairperson of the coun- laid before the Senate, together with Urban Affairs. cil, a testament to his leadership and accompanying papers, reports, and doc- EC–1792. A communication from the Assist- communication skills and his fluency uments, and were referred as indicated: ant Secretary for Export Administration, on the broad set of issues in the dis- EC–1783. A communication from the Direc- Bureau of Industry and Security, Depart- ability community. tor of the Regulatory Management Division, ment of Commerce, transmitting, pursuant I have known Clyde for decades. We Environmental Protection Agency, transmit- to law, the report of a rule entitled ‘‘Addi- worked together on Gary Hart’s 1984 ting, pursuant to law, the report of a rule en- tion of Entities to the Entity List’’ (RIN0694– Presidential race. Though the cam- titled ‘‘Ethiprole; Pesticide Tolerances’’ AH86) received in the Office of the President paign eventually ended in heartbreak, (FRL No. 9984–41–OCSPP) received in the Of- of the Senate on June 26, 2019; to the Com- Clyde emerged from the race having fice of the President of the Senate on June mittee on Banking, Housing, and Urban Af- met Susan, who would become his be- 25, 2019; to the Committee on Agriculture, fairs. loved wife of many years. As Governor Nutrition, and Forestry. EC–1793. A communication from the Assist- EC–1784. A communication from the Direc- ant Secretary, Division of Trading and Mar- of New Hampshire and U.S. Senator, I tor of the Regulatory Management Division, always appreciated Clyde’s guidance kets, Securities and Exchange Commission, Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of and counsel. ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Capital, Margin, and Seg- On behalf of the people of New Hamp- titled ‘‘Fluopyram; Pesticide Tolerances’’ regation Requirements for Security-Based shire, I ask my colleagues and all (FRL No. 9994–36–OCSPP) received in the Of- Swap Dealers and Major Security-Based fice of the President of the Senate on June Americans to join me in thanking Swap Participants and Capital Requirements Clyde Terry for his years of service and 25, 2019; to the Committee on Agriculture, Nutrition, and Forestry. for Broker-Dealers’’ (RIN3235–AL12) received advocacy and wishing him all the best in the Office of the President of the Senate ∑ EC–1785. A communication from the Direc- in the years ahead. tor of the Regulatory Management Division, on June 25, 2019; to the Committee on Bank- f Environmental Protection Agency, transmit- ing, Housing, and Urban Affairs. MESSAGES FROM THE HOUSE ting, pursuant to law, the report of a rule en- EC–1794. A communication from the Assist- At 10:32 a.m., a message from the titled ‘‘Mefentrifluconazole; Pesticide Toler- ant Secretary of the Army (Civil Works), House of Representatives, delivered by ances’’ (FRL No. 9994–51–OCSPP) received in transmitting, pursuant to law, a report rel- the Office of the President of the Senate on Mrs. Cole, one of its reading clerks, an- ative to the Mid-Chesapeake Bay Island Eco- June 25, 2019; to the Committee on Agri- system Restoration Project, Chesapeake nounced that the House has passed the culture, Nutrition, and Forestry. Bay, Dorchester County, Maryland; to the following bill, in which it requests the EC–1786. A communication from the Senior Committee on Environment and Public concurrence of the Senate: Official performing the duties of the Under Works. H.R. 3351. An act making appropriations Secretary of Defense (Personnel and Readi- EC–1795. A communication from the Assist- for financial services and general govern- ness), transmitting the report of four (4) offi- ment for the fiscal year ending September 30, cers authorized to wear the insignia of the ant Secretary of the Army (Civil Works), 2020, and for other purposes. grade of major general in accordance with transmitting, pursuant to law, a report rel- title 10, United States Code, section 777, this ative to the navigation improvements at San The message also announced that Juan Harbor, Puerto Rico; to the Committee pursuant to 46 U.S.C. 51312(b), and the will not cause the Department to exceed the number of frocked officers authorized; to the on Environment and Public Works. order of the House of January 3, 2019, Committee on Armed Services. the Speaker appoints the following EC–1796. A communication from the Direc- EC–1787. A communication from the Alter- tor of the Regulatory Management Division, Member on the part of the House of nate Federal Register Liaison Officer, Office Environmental Protection Agency, transmit- Representatives to the Board of Visi- of the Secretary, Department of Defense, ting, pursuant to law, the report of a rule en- tors to the United States Merchant transmitting, pursuant to law, the report of titled ‘‘Air Plan Approvals; California, Mo- Marine Academy: Mr. King of New a rule entitled ‘‘Availability to the Public of jave Desert Air Quality Management Dis- York. Defense Nuclear Agency (DNA) Instructions trict’’ (FRL No. 9994–19–Region 9) received in and Changes Thereto’’ (RIN0790–AK55) re- the Office of the President of the Senate on At 6:01 p.m., a message from the ceived in the Office of the President of the June 25, 2019; to the Committee on Environ- House of Representatives, delivered by Senate on June 26, 2019; to the Committee on ment and Public Works. Mr. Novotny, one of its reading clerks, Armed Services. EC–1797. A communication from the Direc- announced that the House has agreed EC–1788. A communication from the Alter- nate Federal Register Liaison Officer, Office tor of the Regulatory Management Division, to the amendment of the Senate to the of the Secretary, Department of Defense, Environmental Protection Agency, transmit- bill (H.R. 3401) making emergency sup- transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- plemental appropriations for the fiscal a rule entitled ‘‘General Procedures and Del- titled ‘‘Air Plan Approvals; California, Ante- year ending September 30, 2019, and for egations of the Board of Regents, Uniformed lope Valley Air Quality Management Dis- other purposes. Services University of the Health Sciences’’ trict’’ (FRL No. 9994–20–Region 9) received in

VerDate Sep 11 2014 19:42 Sep 04, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD19\JUNE\S27JN9.REC S27JN9 S4626 CONGRESSIONAL RECORD — SENATE June 27, 2019 the Office of the President of the Senate on ment of State, transmitting, pursuant to Programs, National Marine Fisheries Serv- June 25, 2019; to the Committee on Environ- section 36(c) of the Arms Export Control Act, ice, Department of Commerce, transmitting, ment and Public Works. the certification of a proposed license for the pursuant to law, the report of a rule entitled EC–1798. A communication from the Direc- export of defense articles, including tech- ‘‘International Fisheries; Pacific Tuna Fish- tor of the Regulatory Management Division, nical data and defense services, to the United eries; Revised 2017 Fishing Restrictions for Environmental Protection Agency, transmit- Kingdom to support the maintenance, repair, Tropical Tuna in the Eastern Pacific Ocean’’ ting, pursuant to law, the report of a rule en- and overhaul of the F135 propulsion system (RIN0648–BH12) received in the Office of the titled ‘‘Air Plan Approval; Indiana; SO2 powering the F–35 Lightning II aircraft in President of the Senate on June 26, 2019; to Emission Limitations for United States the amount of $100,000,000 or more (Trans- the Committee on Commerce, Science, and Steel-Gary Works’’ (FRL No. 9995–67–Region mittal No. DDTC 18–108); to the Committee Transportation. 5) received in the Office of the President of on Foreign Relations. EC–1815. A communication from the Dep- the Senate on June 25, 2019; to the Com- EC–1807. A communication from the Dep- uty Assistant Administrator for Regulatory mittee on Environment and Public Works. uty Assistant General Counsel for Regu- Programs, National Marine Fisheries Serv- EC–1799. A communication from the Direc- latory Affairs, Pension Benefit Guaranty ice, Department of Commerce, transmitting, tor of the Regulatory Management Division, Corporation, transmitting, pursuant to law, pursuant to law, the report of a rule entitled Environmental Protection Agency, transmit- the report of a rule entitled ‘‘Allocation of ‘‘Fisheries of the Exclusive Economic Zone ting, pursuant to law, the report of a rule en- Assets in Single-Employer Plans; Benefits Off Alaska; Gulf of Alaska; Final 2018 and titled ‘‘Air Plan Approval; KY; Attainment Payable in Terminated Single-Employer 2019 Harvest Specifications for Groundfish’’ Plan for Jefferson County SO2 Nonattain- Plans; Interest Assumptions for Valuing and (RIN0648–XF633) received in the Office of the ment Area’’ (FRL No. 9995–59–Region 4) re- Paying Benefits’’ (29 CFR Parts 4022 and 4044) President of the Senate on June 26, 2019; to ceived in the Office of the President of the received in the Office of the President of the the Committee on Commerce, Science, and Senate on June 25, 2019; to the Committee on Senate on June 25, 2019; to the Committee on Transportation. Environment and Public Works. Health, Education, Labor, and Pensions. EC–1816. A communication from the Dep- EC–1800. A communication from the Direc- EC–1808. A communication from the Regu- uty Assistant Administrator for Regulatory tor of the Regulatory Management Division, lations Coordinator, Health Resources and Programs, National Marine Fisheries Serv- Environmental Protection Agency, transmit- Services Administration, Department of ice, Department of Commerce, transmitting, ting, pursuant to law, the report of a rule en- Health and Human Services, transmitting, pursuant to law, the report of a rule entitled titled ‘‘Air Plan Approval; New Mexico; Al- pursuant to law, the report of a rule entitled ‘‘Fisheries of the Exclusive Economic Zone buquerque/Bernalillo County; Minor New ‘‘Removing the Outdated Regulations Re- Off Alaska; Allow the Use of Longline Pot Source Review (NSR) Preconstruction Per- garding the National Hansen’s Disease Pro- Gear in the Gulf of Alaska Sablefish Indi- mitting Program Revisions’’ (FRL No. 9995– gram’’ (RIN0906–AB20) received in the Office vidual Fishing Quota Fishery; Amendment 44–Region 6) received in the Office of the of the President of the Senate on June 26, 101’’ (RIN0648–BF42) received in the Office of President of the Senate on June 25, 2019; to 2019; to the Committee on Health, Education, the President of the Senate on June 26, 2019; the Committee on Environment and Public Labor, and Pensions. Works. EC–1809. A communication from the Regu- to the Committee on Commerce, Science, EC–1801. A communication from the Direc- lations Coordinator, Health Resources and and Transportation. tor of the Regulatory Management Division, Services Administration, Department of f Environmental Protection Agency, transmit- Health and Human Services, transmitting, PETITIONS AND MEMORIALS ting, pursuant to law, the report of a rule en- pursuant to law, the report of a rule entitled titled ‘‘Air Plan Approval; Oklahoma; Re- ‘‘Removing the Outdated Regulations Re- The following petitions and memo- gional Haze Five-Year Progress Report’’ garding the Health Education Assistance rials were laid before the Senate and (FRL No. 9995–36–Region 6) received in the Loan (HEAL) Program’’ (RIN0906–AB21) re- were referred or ordered to lie on the Office of the President of the Senate on June ceived in the Office of the President of the table as indicated: 25, 2019; to the Committee on Environment Senate on June 26, 2019; to the Committee on and Public Works. Health, Education, Labor, and Pensions. POM–97. A joint resolution adopted by the EC–1802. A communication from the Direc- EC–1810. A communication from the Asso- Legislature of the State of Montana urging tor of the Regulatory Management Division, ciate General Counsel for General Law, De- the United States Congress to pass a federal Environmental Protection Agency, transmit- partment of Homeland Security, transmit- country-of-origin labeling (COOL) law for ting, pursuant to law, the report of a rule en- ting, pursuant to law, two (2) reports relative beef and pork products that meets World titled ‘‘Change of Address for Region 1 Re- to a vacancy in the position of Inspector Trade Organization requirements; to the ports; Technical Correction’’ (FRL No. 9995– General, Department of Homeland Security, Committee on Agriculture, Nutrition, and 50–Region 1) received in the Office of the received in the Office of the President of the Forestry. President of the Senate on June 25, 2019; to Senate on June 26, 2019; to the Committee on SENATE JOINT RESOLUTION NO. 16 the Committee on Environment and Public Homeland Security and Governmental Af- Whereas, in 2002, Congress reauthorized the Works. fairs. Farm Bill, which included mandatory coun- EC–1803. A communication from the Direc- EC–1811. A communication from the Regu- try-of-origin labeling for beef, lamb, pork, tor of the Regulatory Management Division, lation Policy Development Coordinator, Of- farm-raised and wild fish, peanuts, and other Environmental Protection Agency, transmit- fice of Regulation Policy and Management, perishable commodities; and ting, pursuant to law, the report of a rule en- Department of Veterans Affairs, transmit- Whereas, in 2005, the Montana Legislature titled ‘‘Repeal of the Clean Power Plan; ting, pursuant to law, the report of a rule en- passed the Country of Origin Placarding Act Emission Guidelines for Greenhouse Gas titled ‘‘VA Acquisition Regulation: Special until ‘‘funding and full implementation of Emissions for Existing Electric Utility Gen- Contracting Methods’’ (RIN2900–AQ19) re- federal mandatory country of origin label- erating Units; Revisions to Emission Guide- ceived in the Office of the President of the ing’’; and line Implementing Regulations’’ (FRL No. Senate on June 26, 2019; to the Committee on Whereas, in 2009, Montana’s country-of-ori- 9995–70–OAR) received in the Office of the Veterans’ Affairs. President of the Senate on June 25, 2019; to EC–1812. A communication from the Assist- gin labeling (COOL) laws were voided, as the the Committee on Environment and Public ant General Counsel for Regulatory Affairs, federal act was implemented; and Works. Consumer Product Safety Commission, Whereas, in 2015, federal COOL rules ceased EC–1804. A communication from the Direc- transmitting, pursuant to law, the report of being enforced for beef and pork products tor of the Regulatory Management Division, a rule entitled ‘‘Safety Standard for Sta- only due mainly to a World Trade Organiza- Environmental Protection Agency, transmit- tionary Activity Centers’’ (16 CFR Parts 1112 tion ruling; and ting, pursuant to law, the report of a rule en- and 1238) received in the Office of the Presi- Whereas, consumers want to know the ori- titled ‘‘Technical corrections to Maine Pro- dent of the Senate on June 26, 2019; to the gin of their food; and tection, Research, and Sanctuaries Act Committee on Commerce, Science, and Whereas, American and Montana farmers (MPRSA) regulations and disposal sites des- Transportation. and ranchers want consumers to know the ignated under the MPRSA’’ (FRL No. 9995– EC–1813. A communication from the Pro- origin of their food; and 28–OW) received in the Office of the Presi- gram Analyst, National Highway Traffic Whereas, Congress should pass laws and dent of the Senate on June 25, 2019; to the Safety Administration, Department of the U.S. Department of Agriculture should Committee on Environment and Public Transportation, transmitting, pursuant to administer rules and regulations for COOL Works. law, the report of a rule entitled ‘‘Federal certification for beef and pork products that EC–1805. A communication from the Assist- Motor Vehicle Theft Prevention Standard, do not impose undue compliance costs, li- ant Secretary, Legislative Affairs, Depart- MY 2018 High-Theft Light-Duty Truck and ability, recordkeeping, or verification re- ment of State, transmitting, pursuant to Exempted Vehicle Line Listing’’ (RIN2127– quirements on farmers and ranchers. law, a report relative to the designation of a AL79) received in the Office of the President Now, therefore, be it resolved by the Sen- group as a Foreign Terrorist Organization by of the Senate on June 26, 2019; to the Com- ate and the House of Representatives of the the Secretary of State (OSS–2019–0731); to mittee on Commerce, Science, and Transpor- State of Montana: the Committee on Foreign Relations. tation. That the Senate and the House of Rep- EC–1806. communication from the Assist- EC–1814. A communication from the Dep- resentatives of the 66th Montana Legislature ant Secretary, Legislative Affairs, Depart- uty Assistant Administrator for Regulatory urges Congress to pass a federal COOL law

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.010 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4627 for beef and pork products that meets World Whereas, in the more than 20 years since EXECUTIVE REPORTS OF Trade Organization requirements; and be it the United States, Canada, and Mexico en- COMMITTEES further tered into the North American Free Trade Resolved, That the Secretary of State send Agreement (NAFTA), trade among these The following executive reports of copies of this resolution to the individual countries tripled from $340 billion in 1993 to nominations were submitted: members of the United States House of Rep- $1.2 trillion in 2016; and By Ms. MURKOWSKI for the Committee on resentatives and the United States Senate. Whereas, North American integration of Energy and Natural Resources. trade under NAFTA has helped to make the *Mark Lee Greenblatt, of Maryland, to be POM–98. A joint resolution adopted by the region more competitive in the world econ- Inspector General, Department of the Inte- Legislature of the State of Montana memori- omy by providing highly integrated and val- rior. alizing its opposition to the bison grazing uable supply chains, as well as common rules *Daniel Habib Jorjani, of Kentucky, to be proposal by the American Prairie Reserve; to and harmonized regulations that increase Solicitor of the Department of the Interior. the Committee on Energy and Natural Re- the speed and global competitiveness of one By Mr. GRAHAM for the Committee on the sources. another’s businesses, and by driving invest- Judiciary. HOUSE JOINT RESOLUTION NO. 28 ment and imbedding value in each others’ Peter Joseph Phipps, of Pennsylvania, to Whereas, the American Prairie Reserve economic success, including by providing be United States Circuit Judge for the Third (APR) controls private properties tied to 18 jobs in North American communities; and Circuit. Whereas, Canada and Mexico are the first- Bureau of Land Management (BLM) grazing Charles R. Eskridge III, of Texas, to be ranked and third-ranked markets, respec- allotments in Fergus, Petroleum, Phillips, United States District Judge for the South- tively, for agriculture exports from the and Valley counties; and ern District of Texas. Whereas, the APR has requested that the United States at an estimated $20.6 billion William Shaw Stickman IV, of Pennsyl- SLM fundamentally shift long-established sent to Canada and $18.6 billion sent to Mex- vania, to be United States District Judge for grazing practices on the 18 BLM allotments, ico, up from $8.7 billion in 1992, the year that the Western District of Pennsylvania. which encompass 250,000 acres of public prop- NAFTA was signed; and Jennifer Philpott Wilson, of Pennsylvania, Whereas, of particular interest to Montana erty; and to be United States District Judge for the Whereas, APR has petitioned to change the because Canada is its largest trade partner, Middle District of Pennsylvania. allotments from seasonal or rotational graz- Canada has agreed to grade imports of wheat Wilmer Ocasio, of Puerto Rico, to be ing to year-round grazing and remove the in- from the United States in a manner no less United States Marshal for the District of terior fencing on those allotments; and favorable than that accorded to wheat in its Puerto Rico for the term of four years. Whereas, the APR proposes to allow the own country and not to require a country of *Nomination was reported with rec- year-round, continuous grazing of public origin statement on its quality grade or in- ommendation that it be confirmed sub- land by bison, which would impact the future spection certificate; and Whereas, in signing the United States-Mex- ject to the nominee’s commitment to grazing viability of the allotments; and ico-Canada Agreement, the three countries respond to requests to appear and tes- Whereas, the existing BLM designation for tify before any duly constituted com- managed grazing is what science dictates the have agreed to make targeted improvements rangeland can support; and to NAFTA and build on the successful part- mittee of the Senate. Whereas, it is the responsibility of the nership and a shared competitiveness in the (Nominations without an asterisk BLM to ensure the future vitality of these global marketplace in which free, fair, open, were reported with the recommenda- public parcels is protected; and and mutually beneficial trade helps to tion that they be confirmed.) strengthen the economies of all countries. Whereas, the removal of interior fences f will eliminate the ability of BLM to control 1Now, therefore, be it resolved by the Sen- the access of bison to certain parcels to ate and the House of Representatives of the INTRODUCTION OF BILLS AND shorten grazing permits in response to State of Montana: JOINT RESOLUTIONS drought or fire to protect the rangeland. That the Montana Legislature supports the Now, therefore, be it resolved by the Senate ratification of the United States-Mexico- The following bills and joint resolu- and the House of Representatives of the State of Canada Agreement on trade by all countries tions were introduced, read the first Montana: as soon as possible; and be it further and second times by unanimous con- (1) That it is essential for the preservation Resolved, That the Montana Secretary of sent, and referred as indicated: State send copies of this resolution to the of the future viability of Montana’s range- By Mr. CASEY (for himself and Mr. land that the BLM deny the petition by the President of the United States, the Speaker of the United States House of Representa- DAINES): APR to alter grazing permits on the 18 allot- S. 1999. A bill to amend title XVIII of the ments under the control of APR. tives, the Majority Leader of the United States Senate, the Consulate of Canada in Social Security Act to provide transitional (2) That the denial of the proposed APR coverage and retroactive Medicare part D grazing permit change is critical for the Colorado, the Consulate of Mexico in Colo- rado, each member of the United States Sen- coverage for certain low-income bene- health of Montana’s livestock and wildlife. ficiaries; to the Committee on Finance. (3) That private landowners and commu- ate Finance Committee, the United States House of Representatives Ways and Means By Mr. CASEY (for himself, Ms. SMITH, nities should not bear the cost of damages Mr. VAN HOLLEN, Mrs. GILLIBRAND, incurred by the lack of integrated bison Committee, the United States Senate Advi- sory Group on Negotiations, and the United Mr. BLUMENTHAL, Mrs. SHAHEEN, Mr. management in the APR’s grazing proposal. BROWN, Ms. STABENOW, and Ms. KLO- (4) That the denial of the APR grazing pro- States House of Representatives Advisory Group on Negotiations, the United States BUCHAR): posal would protect Montana farmers, ranch- S. 2000. A bill to amend title XIX of the So- ers, and communities. Trade Representative, the United States Sec- retary of Commerce, the United States Sec- cial Security Act to remove an institutional (5) That the BLM should deny the APR bias by making permanent the protection for bison grazing proposal. retary of State, the United States Secretary of Labor, the Director of the Office of Man- recipients of home and community-based (6) That the Secretary of State send a copy services against spousal impoverishment; to of this resolution to the United States Con- agement and Budget, and the Intellectual Property Enforcement Coordinator. the Committee on Finance. gress, the Department of the Interior, and By Ms. STABENOW (for herself and the Bureau of Land Management. POM–100. A petition from a citizen of the Mr. SCOTT of South Carolina): State of Texas relative to the naturalization S. 2001. A bill to award a Congressional POM–99. A joint resolution adopted by the Gold Medal to Willie O’Ree, in recognition of Legislature of the State of Montana memori- procedures of non-American citizens; to the Committee on the Judiciary. his extraordinary contributions and commit- alizing its support of the ratification of the ment to hockey, inclusion, and recreational United States-Mexico-Canada Agreement; to f opportunity; to the Committee on Banking, the Committee on Finance. REPORTS OF COMMITTEES Housing, and Urban Affairs. SENATE JOINT RESOLUTION NO. 13 By Mr. PORTMAN (for himself, Mr. Whereas, the United States and Canada The following reports of committees BARRASSO, Mr. ISAKSON, Mrs. CAPITO, have one of the largest trading relationships were submitted: and Mr. TOOMEY): in the world, and Canada is the United By Mr. JOHNSON, from the Committee on S. 2002. A bill to require that any debt States’ largest export market, valued at $320 Homeland Security and Governmental Af- limit increase or suspension be balanced by billion ($411 billion Canadian) in goods and fairs, with an amendment in the nature of a equal spending cuts over the next decade; to services in 2017 and the United States is Can- substitute: the Committee on the Budget. ada’s largest export market, valued at $308 S. 580. A bill to amend the Act of August By Mr. MANCHIN (for himself, Mr. billion ($396 billion Canadian) in 2017 goods 25, 1958, commonly known as the ‘‘Former BOOZMAN, Mr. TESTER, Mr. CRAMER, and services; and Presidents Act of 1958’’, with respect to the Mr. BLUMENTHAL, and Mr. SULLIVAN): Whereas, this trade supports 9 million jobs monetary allowance payable to a former S. 2003. A bill to require the Federal Com- in the United States and 2.1 million jobs in President, and for other purposes (Rept. No. munications Commission to designate a 3- Canada; and 116–53). digit dialing code for veterans in crisis; to

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.031 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4628 CONGRESSIONAL RECORD — SENATE June 27, 2019 the Committee on Commerce, Science, and velopment projects; to the Committee on En- the definition of agricultural commodities, Transportation. vironment and Public Works. and for other purposes; to the Committee on By Ms. SMITH (for herself and Mr. By Mr. MARKEY: Commerce, Science, and Transportation. CRAMER): S. 2014. A bill to provide grants to States By Mr. LEAHY (for himself, Mr. S. 2004. A bill to amend the Public Health to encourage the implementation and main- PERDUE, Mr. BROWN, and Ms. COL- Service Act to establish insulin assistance tenance of firearms licensing requirements, LINS): programs, and for other purposes; to the and for other purposes; to the Committee on S. 2026. A bill to amend the Richard B. Rus- Committee on Finance. the Judiciary. sell National School Lunch Act to reauthor- By Mr. COONS (for himself and Mr. By Mr. SCOTT of South Carolina (for ize the farm to school program, and for other GRAHAM): himself and Mr. MANCHIN): purposes; to the Committee on Agriculture, S. 2005. A bill to establish the IMPACT for S. 2015. A bill to amend the Higher Edu- Nutrition, and Forestry. Energy Foundation; to the Committee on cation Act of 1965 to direct the Secretary of By Ms. DUCKWORTH (for herself, Mr. Energy and Natural Resources. Education to develop a plain language dis- WYDEN, Ms. BALDWIN, Mr. MARKEY, By Mr. MENENDEZ (for himself, Mr. closure form for borrowers of Federal stu- Mrs. GILLIBRAND, Mr. DURBIN, Mr. GRAHAM, Mr. WHITEHOUSE, and Ms. dent loans, and for other purposes; to the KAINE, Mr. SANDERS, Mrs. SHAHEEN, COLLINS): Committee on Health, Education, Labor, and Ms. HIRONO, Ms. HARRIS, Mr. S. 2006. A bill to amend title 18, United Pensions. BLUMENTHAL, and Ms. KLOBUCHAR): States Code, to prohibit certain conduct re- By Mr. COTTON (for himself and Mr. S. 2027. A bill to amend title 38, United lating to the use of horses for human con- RUBIO): States Code, to expand the scope of the Advi- sumption; to the Committee on the Judici- S. 2016. A bill to help individuals receiving sory Committee on Minority Veterans, and ary. disability insurance benefits under title II of for other purposes; to the Committee on Vet- By Mr. SCHATZ (for himself, Ms. the Social Security Act obtain rehabilitative erans’ Affairs. BALDWIN, Mr. BROWN, Mr. MARKEY, services and return to the workforce, and for By Mr. WICKER (for himself, Mr. WAR- Ms. CORTEZ MASTO, Mr. VAN HOLLEN, other purposes; to the Committee on Fi- NER, Mr. CARDIN, and Mrs. CAPITO): Mr. MENENDEZ, Mr. REED, Mr. BOOK- nance. S. 2028. A bill to amend the Internal Rev- ER, Ms. HARRIS, Ms. WARREN, and Ms. By Mrs. BLACKBURN (for herself, Ms. enue Code of 1986 to provide for new markets LOBUCHAR K ): ERNST, Mrs. HYDE-SMITH, Ms. tax credit investments in the Rural Jobs S. 2007. A bill to prohibit the Secretary of Zone; to the Committee on Finance. MCSALLY, Mrs. CAPITO, and Mrs. Housing and Urban Development from imple- By Mr. DAINES: FISCHER): menting a proposed rule regarding require- S. 2017. A bill to amend section 116 of title S. 2029. A bill to amend the Internal Rev- ments under Community Planning and De- 18, United States Code, and for other pur- enue Code of 1986 to permanently extend the velopment housing programs; to the Com- poses; to the Committee on the Judiciary. Indian coal production tax credit, and for mittee on Banking, Housing, and Urban Af- other purposes; to the Committee on Fi- By Ms. COLLINS (for herself and Mr. fairs. nance. JONES): By Mrs. MURRAY (for herself, Mr. S. 2018. A bill to provide Federal matching By Mr. WYDEN: BOOKER, Ms. BALDWIN, Mr. S. 2030. A bill to prevent Federal agencies funding for State-level broadband programs; BLUMENTHAL, Mr. BROWN, Ms. CANT- from interfering with the marijuana policy to the Committee on Commerce, Science, WELL, Mr. CARPER, Mr. CASEY, Ms. of States; to the Committee on the Judici- and Transportation. DUCKWORTH, Mr. DURBIN, Mrs. FEIN- ary. By Mr. WYDEN (for himself, Mr. SAND- STEIN, Mrs. GILLIBRAND, Ms. HARRIS, By Mr. BARRASSO: ERS, and Mr. VAN HOLLEN): S. 2031. A bill to amend the FAST Act to Ms. HIRONO, Ms. KLOBUCHAR, Mr. S. 2019. A bill to ensure Members of Con- MARKEY, Mr. MENENDEZ, Mr. allow States to include information on small gress have access to Federal facilities in business concerns owned and controlled by MERKLEY, Mr. MURPHY, Mr. REED, order to exercise their Constitutional over- Ms. ROSEN, Mr. SANDERS, Mr. SCHATZ, veterans in reporting under the disadvan- sight responsibilities; to the Committee on taged business enterprises program of the Mrs. SHAHEEN, Ms. SINEMA, Ms. Homeland Security and Governmental Af- SMITH, Ms. STABENOW, Mr. VAN HOL- Department of Transportation, and for other fairs. purposes; to the Committee on Environment LEN, Ms. WARREN, Mr. WHITEHOUSE, By Mr. CASEY (for himself and Mr. and Mr. WYDEN): and Public Works. GRASSLEY): S. 2008. A bill to prohibit, as an unfair or By Mrs. FEINSTEIN (for herself, Mr. S. 2020. A bill to amend title XVIII of the deceptive act or practice, commercial sexual GRASSLEY, Mr. SCHATZ, Mr. DURBIN, Social Security Act to expand the use of orientation conversion therapy, and for Ms. KLOBUCHAR, Mr. TILLIS, Mr. telehealth services for remote imaging for other purposes; to the Committee on Com- KAINE, Ms. ERNST, and Mr. CRAMER): chronic eye disease; to the Committee on Fi- merce, Science, and Transportation. S. 2032. A bill to expand research on the nance. By Mr. COONS (for himself, Mr. RISCH, cannabidiol and marihuana; to the Com- By Mr. BOOKER: Mr. GARDNER, and Ms. SMITH): mittee on the Judiciary. S. 2009. A bill to amend the Energy Policy S. 2021. A bill to amend the Immigration By Mr. ISAKSON (for himself and Mr. Act of 2005 to require the establishment of a and Nationality Act by striking marijuana COONS): small business voucher program, and for use, possession, and distribution as grounds S. 2033. A bill to require the Secretary of other purposes; to the Committee on Energy of inadmissibility and removal; to the Com- Transportation to promulgate standards and and Natural Resources. mittee on the Judiciary. regulations requiring all new commercial By Mr. UDALL (for himself and Mr. By Mr. MORAN (for himself and Ms. motor vehicles to be equipped with tech- HEINRICH): SINEMA): nology to limit maximum operating speed, S. 2010. A bill to increase research, edu- S. 2022. A bill to amend title 38, United to require existing speed-limiting tech- cation, and treatment for cerebral cavernous States Code, to provide for improvements to nologies already installed in certain com- malformations; to the Committee on Health, the specially adapted housing program of the mercial motor vehicles to be used while in Education, Labor, and Pensions. Department of Veterans Affairs, and for operation, and to require that maximum safe By Mr. CORNYN (for himself, Mr. other purposes; to the Committee on Vet- operating speed of commercial motor vehi- RUBIO, Mr. MANCHIN, Ms. SINEMA, and erans’ Affairs. cles shall not exceed 65 miles per hour; to the Mr. CRUZ): By Mr. RISCH (for himself, Mr. CRAPO, Committee on Commerce, Science, and S. 2011. A bill to amend title 38, United Mr. HOEVEN, Mrs. CAPITO, Ms. ROSEN, Transportation. States Code, to reduce the credit hour re- and Mr. KENNEDY): By Mr. PETERS (for himself and Mr. quirement for the Edith Nourse Rogers S. 2023. A bill to modify the Federal and RUBIO): STEM Scholarship program of the Depart- State Technology Partnership Program of S. 2034. A bill to authorize small business ment of Veterans Affairs, and for other pur- the Small Business Administration, and for development centers to provide cybersecu- poses; to the Committee on Veterans’ Af- other purposes; to the Committee on Small rity assistance to small business concerns, fairs. Business and Entrepreneurship. and for other purposes; to the Committee on By Mrs. FEINSTEIN (for herself, Mr. By Mr. CORNYN (for himself and Mr. Small Business and Entrepreneurship. SCHUMER, Ms. HARRIS, Mr. BENNET, COONS): By Ms. DUCKWORTH (for herself and Mr. WYDEN, Mr. CARDIN, and Mr. S. 2024. A bill to amend the Higher Edu- Mr. YOUNG): BLUMENTHAL): cation Act of 1965 to improve the American S. 2035. A bill to require the Transpor- S. 2012. A bill to provide that certain regu- History for Freedom grant program; to the tation Security Administration to develop a latory actions by the Federal Communica- Committee on Health, Education, Labor, and strategic plan to expand eligibility for the tions Commission shall have no force or ef- Pensions. PreCheck Program to individuals with fect; to the Committee on Commerce, By Mr. PERDUE (for himself, Mr. Transportation Worker Identification Cre- Science, and Transportation. MERKLEY, Mr. CASSIDY, Mrs. HYDE- dentials or Hazardous Materials Endorse- By Mr. CRAPO (for himself and Mr. SMITH, Mr. ISAKSON, Mr. WYDEN, Mr. ments; to the Committee on Commerce, RISCH): RUBIO, and Mr. INHOFE): Science, and Transportation. S. 2013. A bill to protect the right of indi- S. 2025. A bill to amend the Motor Carrier By Mr. CARDIN (for himself and Mr. viduals to bear arms at water resources de- Safety Improvement Act of 1999 to modify VAN HOLLEN):

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.019 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4629 S. 2036. A bill to amend the Workforce In- for other purposes; to the Committee on of S. 210, a bill to amend the Tribal novation and Opportunity Act to provide Homeland Security and Governmental Af- Law and Order Act of 2010 and the In- grants to States for summer employment fairs. dian Law Enforcement Reform Act to programs for youth; to the Committee on By Mr. SCHUMER: provide for advancements in public Health, Education, Labor, and Pensions. S. 2047. A bill to provide for a 2-week ex- By Ms. MURKOWSKI (for herself and tension of the Medicaid community mental safety services to Indian communities, Mr. SCHATZ): health services demonstration program, and and for other purposes. S. 2037. A bill to amend the STEM edu- for other purposes; considered and passed. S. 235 cation program for American Indian, Alaska f At the request of Mr. COONS, the Native, and Native Hawaiian students under name of the Senator from Texas (Mr. the Higher Education Act of 1965; to the SUBMISSION OF CONCURRENT AND CORNYN) was added as a cosponsor of S. Committee on Health, Education, Labor, and SENATE RESOLUTIONS Pensions. 235, a bill to authorize the Secretary of By Ms. CORTEZ MASTO (for herself, The following concurrent resolutions Education to award grants to establish Ms. SMITH, and Mrs. GILLIBRAND): and Senate resolutions were read, and teacher leader development programs. S. 2038. A bill to amend the Internal Rev- referred (or acted upon), as indicated: S. 239 enue Code of 1986 to extend the credit for al- By Mr. TOOMEY (for himself and Mr. At the request of Mrs. SHAHEEN, the ternative fuel vehicle refueling property, and WARNER): name of the Senator from Washington for other purposes; to the Committee on Fi- S. Res. 267. A resolution recognizing the nance. September 11th National Memorial Trail as (Ms. CANTWELL) was added as a cospon- By Ms. CORTEZ MASTO (for herself, an important trail and greenway all individ- sor of S. 239, a bill to require the Sec- Ms. SMITH, and Mrs. GILLIBRAND): uals should enjoy in honor of the heroes of retary of the Treasury to mint coins in S. 2039. A bill to amend the Internal Rev- September 11th; to the Committee on Energy recognition of Christa McAuliffe. enue Code of 1986 to provide for the issuance and Natural Resources. S. 367 of exempt facility bonds for zero-emission By Mr. COTTON: At the request of Mr. UDALL, the vehicle infrastructure; to the Committee on S. Res. 268. A resolution expressing the Finance. sense of the Senate that the Federal Govern- name of the Senator from Delaware By Ms. CORTEZ MASTO (for herself, ment should not bail out any State; to the (Mr. COONS) was added as a cosponsor Ms. STABENOW, Ms. SMITH, Mr. Committee on Finance. of S. 367, a bill to provide for the ad- WYDEN, Mrs. GILLIBRAND, Ms. HIRONO, By Mr. CARDIN (for himself and Mr. ministration of certain national monu- and Mr. MERKLEY): VAN HOLLEN): ments, to establish a National Monu- S. 2040. A bill to establish a working group S. Res. 269. A resolution commemorating ment Enhancement Fund, and to estab- on electric vehicles, and for other purposes; the life of Luis Alejandro ‘‘Alex’’ Villamayor to the Committee on Commerce, Science, lish certain wilderness areas in the and calling for justice and accountability; to States of New Mexico and Nevada. and Transportation. the Committee on Foreign Relations. By Ms. CORTEZ MASTO (for herself, By Ms. BALDWIN (for herself, Mrs. S. 546 Ms. STABENOW, Ms. SMITH, Mr. GILLIBRAND, Mr. SCHUMER, Ms. COL- At the request of Mr. GARDNER, the WYDEN, Mrs. GILLIBRAND, Ms. HIRONO, LINS, Ms. CANTWELL, Mr. MARKEY, names of the Senator from Missouri and Mr. MERKLEY): Mr. CASEY, Ms. HARRIS, Mr. MURPHY, S. 2041. A bill to establish the Green (Mr. HAWLEY) and the Senator from Mr. BENNET, Mr. DURBIN, Mrs. MUR- Spaces, Green Vehicles Initiative to facili- Mississippi (Mr. WICKER) were added as RAY, Mr. BOOKER, Ms. KLOBUCHAR, tate the installation of zero-emissions vehi- cosponsors of S. 546, a bill to extend au- Mr. SANDERS, Mr. COONS, Ms. SMITH, cle infrastructure on National Forest Sys- Mrs. SHAHEEN, Mr. WYDEN, Mr. CAR- thorization for the September 11th Vic- tem land, National Park System land, and PER, Ms. HIRONO, Mr. BLUMENTHAL, tim Compensation Fund of 2001 certain related land, and for other purposes; Ms. DUCKWORTH, Mr. MERKLEY, Mr. through fiscal year 2090, and for other to the Committee on Energy and Natural Re- CARDIN, Ms. HASSAN, and Mrs. FEIN- purposes. sources. STEIN): At the request of Mrs. GILLIBRAND, By Mr. SCHUMER (for himself, Ms. S. Res. 270. A resolution recognizing the DUCKWORTH, Mrs. GILLIBRAND, and the name of the Senator from North 50th Anniversary of the Stonewall uprising; Dakota (Mr. CRAMER) was added as a Ms. KLOBUCHAR): considered and agreed to. S. 2042. A bill to require the Secretary of cosponsor of S. 546, supra. By Mr. BURR (for himself and Mr. the Treasury to mint coins in commemora- TESTER): S. 560 tion of the National Purple Heart Hall of S. Res. 271. A resolution designating July At the request of Ms. BALDWIN, the Honor; to the Committee on Banking, Hous- 12, 2019, as ‘‘Collector Car Appreciation Day’’ ing, and Urban Affairs. names of the Senator from Michigan and recognizing that the collection and res- By Mr. BLUMENTHAL (for himself, (Mr. PETERS) and the Senator from toration of historic and classic cars is an im- Mr. DURBIN, Ms. HIRONO, Mr. WAR- Mississippi (Mr. WICKER) were added as portant part of preserving the technological NER, Mr. KAINE, and Mrs. GILLI- cosponsors of S. 560, a bill to amend the achievements and cultural heritage of the BRAND): United States; considered and agreed to. Public Health Service Act, the Em- S. 2043. A bill to provide incentives for hate By Mr. COTTON (for himself, Mrs. ployee Retirement Income Security crime reporting, provide grants for State-run BLACKBURN, Mr. RUBIO, Mr. BRAUN, Act of 1974, and the Internal Revenue hate crime hotlines, and establish alter- Mr. CORNYN, Mr. INHOFE, and Mr. Code of 1986 to require that group and native sentencing for individuals convicted CRUZ): under the Matthew Shephard and James individual health insurance coverage S. Con. Res. 21. A concurrent resolution Byrd, Jr. Hate Crimes Prevention Act; to the and group health plans provide cov- strongly condemning human rights viola- Committee on the Judiciary. erage for treatment of a congenital tions, violence against civilians, and co- By Ms. MCSALLY (for herself and Ms. anomaly or birth defect. operation with Iran by the Houthi movement SINEMA): S. 578 S. 2044. A bill to amend the Omnibus Pub- and its allies in Yemen; to the Committee on lic Land Management Act of 2009 to establish Foreign Relations. At the request of Mr. WHITEHOUSE, an Aging Infrastructure Account, to amend f the name of the Senator from Missouri (Mr. HAWLEY) was added as a cosponsor the Reclamation Safety of Dams Act of 1978 ADDITIONAL COSPONSORS to provide additional funds under that Act, of S. 578, a bill to amend title II of the to establish a review of flood control rule S. 110 Social Security Act to eliminate the curves pilot project within the Bureau of At the request of Ms. COLLINS, the five-month waiting period for dis- Reclamation, and for other purposes; to the name of the Senator from Nebraska ability insurance benefits under such Committee on Energy and Natural Re- (Mrs. FISCHER) was added as a cospon- title for individuals with amyotrophic sources. By Mrs. SHAHEEN (for herself, Mr. sor of S. 110, a bill to amend the Inter- lateral sclerosis. RUBIO, and Mr. CARDIN): nal Revenue Code of 1986 to provide for S. 668 S. 2045. A bill to reauthorize the SBIR and a permanent extension of the lower in- At the request of Mr. BROWN, the STTR programs, and for other purposes; to come threshold for the medical expense name of the Senator from Missouri the Committee on Small Business and Entre- deduction. (Mr. HAWLEY) was added as a cosponsor preneurship. S. 210 By Mr. PETERS: of S. 668, a bill to amend title XVIII of S. 2046. A bill to amend the Homeland Se- At the request of Mr. HOEVEN, the the Social Security Act to waive coin- curity Act of 2002 to protect the health care name of the Senator from Montana surance under Medicare for colorectal benefits of retired public safety officers, and (Mr. DAINES) was added as a cosponsor cancer screening tests, regardless of

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.021 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4630 CONGRESSIONAL RECORD — SENATE June 27, 2019 whether therapeutic intervention is re- (Mr. CARDIN) was added as a cosponsor COLLINS) was added as a cosponsor of S. quired during the screening. of S. 1071, a bill to support empower- 1625, a bill to promote the deployment S. 678 ment, economic security, and edu- of commercial fifth-generation mobile At the request of Mr. INHOFE, the cational opportunities for adolescent networks and the sharing of informa- name of the Senator from Tennessee girls around the world, and for other tion with communications providers in (Mrs. BLACKBURN) was added as a co- purposes. the United States regarding security sponsor of S. 678, a bill to declare S. 1227 risks to the networks of those pro- English as the official language of the At the request of Mr. GRASSLEY, the viders, and for other purposes. United States, to establish a uniform name of the Senator from Rhode Island S. 1757 English language rule for naturaliza- (Mr. WHITEHOUSE) was added as a co- At the request of Ms. ERNST, the tion, and to avoid misconstructions of sponsor of S. 1227, a bill to require the name of the Senator from Michigan the English language texts of the laws Federal Trade Commission to study the (Mr. PETERS) was added as a cosponsor of the United States, pursuant to Con- role of intermediaries in the pharma- of S. 1757, a bill to award a Congres- gress’ powers to provide for the general ceutical supply chain and provide Con- sional Gold Medal, collectively, to the welfare of the United States and to es- gress with appropriate policy rec- United States Army Rangers Veterans ommendations, and for other purposes. tablish a uniform rule of naturalization of World War II in recognition of their under article I, section 8, of the Con- S 1243 . extraordinary service during World stitution. At the request of Mr. BOOKER, the War II. S. 684 names of the Senator from Massachu- S. 1768 At the request of Mr. MARKEY, his setts (Mr. MARKEY), the Senator from name was added as a cosponsor of S. Illinois (Ms. DUCKWORTH), the Senator At the request of Mr. LEE, the name 684, a bill to amend the Internal Rev- from New York (Mrs. GILLIBRAND), the of the Senator from Wyoming (Mr. enue Code of 1986 to repeal the excise Senator from Connecticut (Mr. ENZI) was added as a cosponsor of S. tax on high-cost employer-sponsored BLUMENTHAL) and the Senator from Ha- 1768, a bill to clarify that noncommer- health coverage. waii (Ms. HIRONO) were added as co- cial species found entirely within the S. 727 sponsors of S. 1243, a bill to provide borders of a single State are not inter- At the request of Mr. COONS, the standards for facilities at which aliens state commerce or subject to regula- name of the Senator from Georgia (Mr. in the custody of the Department of tion under the Endangered Species Act ISAKSON) was added as a cosponsor of S. Homeland Security are detained, and of 1973 or any other provision of law en- 727, a bill to combat international ex- for other purposes. acted as an exercise of the power of tremism by addressing global fragility S. 1392 Congress to regulate interstate com- and violence and stabilizing conflict-af- At the request of Mr. SULLIVAN, the merce. fected areas, and for other purposes. name of the Senator from Nebraska S. 1847 S. 803 (Mrs. FISCHER) was added as a cospon- At the request of Mrs. MURRAY, the At the request of Mr. TOOMEY, the sor of S. 1392, a bill to direct the Comp- name of the Senator from Rhode Island name of the Senator from California troller General of the United States to (Mr. WHITEHOUSE) was added as a co- (Mrs. FEINSTEIN) was added as a co- conduct an assessment of the respon- sponsor of S. 1847, a bill to require sponsor of S. 803, a bill to amend the sibilities, workload, and vacancy rates group health plans and group or indi- Internal Revenue Code of 1986 to re- of suicide prevention coordinators of vidual health insurance coverage to store incentives for investments in the Department of Veterans Affairs, provide coverage for over-the-counter qualified improvement property. and for other purposes. contraceptives. S. 851 S. 1428 S. 1863 At the request of Ms. BALDWIN, the At the request of Mr. WYDEN, the At the request of Mr. DURBIN, the name of the Senator from Oregon (Mr. name of the Senator from Michigan name of the Senator from Maryland WYDEN) was added as a cosponsor of S. (Mr. PETERS) was added as a cosponsor (Mr. CARDIN) was added as a cosponsor 851, a bill to direct the Secretary of of S. 1428, a bill to amend the Internal of S. 1863, a bill to require the Sec- Labor to issue an occupational safety Revenue Code of 1986 to permit treat- retary of the Interior to conduct a spe- and health standard that requires cov- ment of student loan payments as elec- cial resource study of the sites associ- ered employers within the health care tive deferrals for purposes of employer ated with the life and legacy of the and social service industries to develop matching contributions, and for other noted American philanthropist and and implement a comprehensive work- purposes. business executive Julius Rosenwald, place violence prevention plan, and for S. 1457 with a special focus on the Rosenwald other purposes. At the request of Mrs. BLACKBURN, Schools, and for other purposes. S. 872 the name of the Senator from Florida S. 1986 At the request of Mrs. SHAHEEN, the (Mr. RUBIO) was added as a cosponsor of At the request of Mr. KAINE, the name of the Senator from Minnesota S. 1457, a bill to provide for interagency name of the Senator from Nevada (Ms. (Ms. SMITH) was added as a cosponsor coordination on risk mitigation in the ROSEN) was added as a cosponsor of S. of S. 872, a bill to require the Secretary communications equipment and serv- 1986, a bill to amend the Fair Housing of the Treasury to redesign $20 Federal ices marketplace and the supply chain Act to prohibit discrimination based on reserve notes so as to include a like- thereof, and for other purposes. source of income, veteran status, or ness of Harriet Tubman, and for other S. 1488 military status. purposes. At the request of Mr. UDALL, the S. RES. 252 S. 876 name of the Senator from Connecticut At the request of Ms. DUCKWORTH, (Mr. BLUMENTHAL) was added as a co- At the request of Mrs. FEINSTEIN, the the name of the Senator from Idaho sponsor of S. 1488, a bill to improve the names of the Senator from Connecticut (Mr. CRAPO) was added as a cosponsor integrity and safety of interstate (Mr. BLUMENTHAL) and the Senator of S. 876, a bill to amend the Energy horseracing, and for other purposes. from New Hampshire (Ms. HASSAN) Policy Act of 2005 to require the Sec- S. 1531 were added as cosponsors of S. Res. 252, retary of Energy to establish a pro- At the request of Mr. CASSIDY, the a resolution designating September gram to prepare veterans for careers in name of the Senator from Delaware 2019 as National Democracy Month as a the energy industry, including the (Mr. COONS) was added as a cosponsor time to reflect on the contributions of solar, wind, cybersecurity, and other of S. 1531, a bill to amend the Public the system of government of the low-carbon emissions sectors or zero- Health Service Act to provide protec- United States to a more free and stable emissions sectors of the energy indus- tions for health insurance consumers world. try, and for other purposes. from surprise billing. AMENDMENT NO. 556 S. 1071 S. 1625 At the request of Mr. RUBIO, the At the request of Mrs. SHAHEEN, the At the request of Mr. WICKER, the names of the Senator from Washington name of the Senator from Maryland name of the Senator from Maine (Ms. (Mrs. MURRAY) and the Senator from

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.023 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4631 Maryland (Mr. CARDIN) were added as HIRONO, Ms. KLOBUCHAR, Mr. of sexual orientation and gender iden- cosponsors of amendment No. 556 in- MARKEY, Mr. MENENDEZ, Mr. tity are unlawful under the Civil tended to be proposed to S. 1790, an MERKLEY, Mr. MURPHY, Mr. Rights Act. original bill to authorize appropria- REED, Ms. ROSEN, Mr. SANDERS, I am very grateful to my colleague tions for fiscal year 2020 for military Mr. SCHATZ, Mrs. SHAHEEN, Ms. Senator BOOKER and our friend Rep- activities of the Department of De- SINEMA, Ms. SMITH, Ms. STABE- resentative LIEU for joining me today fense, for military construction, and NOW, Mr. VAN HOLLEN, Ms. WAR- in reintroducing the Therapeutic Fraud for defense activities of the Depart- REN, Mr. WHITEHOUSE, and Mr. Prevention Act—the first Federal ban ment of Energy, to prescribe military WYDEN): on so-called conversion therapy—be- personnel strengths for such fiscal S. 2008. A bill to prohibit, as an un- cause, in 2019, we know that being a year, and for other purposes. fair or deceptive act or practice, com- member of the LGBTQIA+ community isn’t an affliction, a disease, or some AMENDMENT NO. 703 mercial sexual orientation conversion chronic condition that requires med- At the request of Mr. SCHUMER, his therapy, and for other purposes; to the Committee on Commerce, Science, and ical treatment; rather, the politicians name was added as a cosponsor of who say it is are on the wrong side of amendment No. 703 intended to be pro- Transportation. Mrs. MURRAY. Mr. President, half a history. posed to S. 1790, an original bill to au- In fact, we know that conversion thorize appropriations for fiscal year century ago, members of the LGBTQIA+ community, who were tired therapy is a painful and discriminatory 2020 for military activities of the De- practice. The American Psychological partment of Defense, for military con- of being accosted and abused and as- saulted just because of who they were Association has said it ‘‘is unlikely to struction, and for defense activities of be successful in changing someone’s the Department of Energy, to prescribe or whom they loved, took a stand to say ‘‘enough is enough’’ and pushed sexual orientation’’ and would ‘‘involve military personnel strengths for such some risk of harm’’ contrary to the fiscal year, and for other purposes. back against the forces of history that said they were anything less than. claims of practitioners and advocates. AMENDMENT NO. 742 Thanks to the sacrifice of freedom It is also a practice that is especially At the request of Mr. MARKEY, the fighters like Marsha P. Johnson, Syl- harmful to LGBTQIA+ children, who names of the Senator from Kansas (Mr. via Rivera, and so many others both we already know are vulnerable to in- MORAN) and the Senator from Massa- named and unnamed who dared that creased harassment and discrimination chusetts (Ms. WARREN) were added as day to live their entire truth, countless because of who they are. cosponsors of amendment No. 742 in- others today have been set free. Now, I am proud that my home State of Washington has already banned conver- tended to be proposed to S. 1790, an 50 years later, through dogged persist- sion therapy, but that is not enough so original bill to authorize appropria- ence and sacrifice, we have been able to long as any child or any person in our tions for fiscal year 2020 for military pass laws and create policies that re- country can be harmed by this sham activities of the Department of De- spect and protect members of the practice. That is why I am very proud fense, for military construction, and LGBTQIA+ community—from chal- to be here to reintroduce the Thera- for defense activities of the Depart- lenging hateful bans against lesbian peutic Fraud Prevention Act and to re- ment of Energy, to prescribe military and gay relationships, to securing land- mind all of our friends that we stand personnel strengths for such fiscal mark civil rights protections against with them throughout history and year, and for other purposes. hate crimes, to, finally, making mar- AMENDMENT NO. 883 throughout the future to make sure riage equality the law of our land. they are protected with their rights. At the request of Mr. UDALL, the This year, as we commemorate the The Therapeutic Fraud Prevention names of the Senator from Pennsyl- 50th anniversary of the Stonewall pro- Act is legislation that would classify vania (Mr. CASEY), the Senator from tests that sparked the modern move- conversion therapy as the fraudulent Vermont (Mr. SANDERS), the Senator ment for LGBTQ equality, I am very practice our communities and science from Hawaii (Mr. SCHATZ), the Senator proud to stand here on the floor of the know it is. It would clarify in our Na- from Massachusetts (Ms. WARREN), the Senate as an unapologetic ally for this tion’s laws that providing or facili- Senator from Oregon (Mr. WYDEN), the vibrant community. tating commercial conversion therapy Senator from California (Ms. HARRIS), As we close out this month’s annual or facilitating or advertising such serv- the Senator from Maryland (Mr. VAN celebration of Pride, I come to the ices is an unfair and deceptive practice, HOLLEN), the Senator from Wisconsin floor today to reintroduce legislation and it would ensure that Federal regu- (Ms. BALDWIN), the Senator from Con- to further protect gay, lesbian, bisex- lators and State attorneys general necticut (Mr. BLUMENTHAL), the Sen- ual, transgender, queer, intersex, asex- have the ability and authority to en- ator from Massachusetts (Mr. MAR- ual, and gender nonconforming individ- force this ban. KEY), the Senator from New Jersey uals from the dogma of our Nation’s We have come far in our long battle (Mr. BOOKER), the Senator from homophobic and transphobic past be- for LGBTQIA+ equality, and I am Vermont (Mr. LEAHY), the Senator cause, even as we reflect on the ready to get to work to get this impor- from Hawaii (Ms. HIRONO) and the Sen- progress we have made, we have a lot tant legislation over the finish line be- ator from Ohio (Mr. BROWN) were added more to do to achieve equality. cause, after 50 years of struggle, as a as cosponsors of amendment No. 883 In the Senate, I have been very proud nation, we have come to know that proposed to S. 1790, an original bill to to stand shoulder to shoulder with the love is love and that love wins. How- authorize appropriations for fiscal year community in Washington State and ever, after 50 years, we also know it 2020 for military activities of the De- around the country in order to con- gets better but only if we work to partment of Defense, for military con- tinue our progress and work to expand make it so. struction, and for defense activities of protections to help members of the From the horrors of the Pulse mas- the Department of Energy, to prescribe community thrive, from our efforts to sacre, to the ever-climbing number of military personnel strengths for such reduce bullying and harassment at col- murdered African-American and Latinx fiscal year, and for other purposes. leges and universities through legisla- transgender women, to President f tion named after Tyler Clementi—a Trump’s transgender military ban and student who tragically died by suicide his administration’s continuous as- STATEMENTS ON INTRODUCED in college—to reducing the epidemic of sault on LGBTQIA+ rights, so many of BILLS AND JOINT RESOLUTIONS harassment and discrimination in the challenges that face the commu- By Mrs. MURRAY (for herself, workplaces through the Be HEARD nity today mirror the critical struggles Mr. BOOKER, Ms. BALDWIN, Mr. Act, which is a bill I recently intro- they faced all those years ago at the BLUMENTHAL, Mr. BROWN, Ms. duced that would hold businesses ac- Stonewall Inn. Like then, too many in CANTWELL, Mr. CARPER, Mr. countable for harassment and discrimi- the community are still threatened by CASEY, Ms. DUCKWORTH, Mr. nation, give workers the resources and even greater danger because they are DURBIN, Mrs. FEINSTEIN, Mrs. support they need to seek justice, and also women, transgender, people of GILLIBRAND, Ms. HARRIS, Ms. clarify that discriminating on the basis color, poor, and the list goes on.

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.026 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4632 CONGRESSIONAL RECORD — SENATE June 27, 2019 That is why this legislation and rec- Similar disparities occur in terms of County—the largest county by land ognitions like Pride Month are so im- broadband adoption—the rate at which area east of the Mississippi, with fewer portant. All month, I have been Americans subscribe to broadband than 70,000 residents—I know how im- thrilled to see the photos from Pride service if they have access to it. Ac- portant healthcare is to the vitality celebrations back in Washington cording to the Pew Research Center and even to the survival of rural com- State—from Spokane, to Yakima, to survey last year, 22 percent of rural munities. Often, these communities Olympia—filled with so much cheer, re- Americans don’t use the internet at struggle to attract and retain the phy- silience, and strength, only to come home, compared to just 8 percent of sicians they need to ensure their hav- back here to Washington and argue in urban Americans. ing access to quality care for their citi- this Chamber about why we shouldn’t The bipartisan bill that we are intro- zens. Broadband can help to bridge this confirm people to judicial or executive ducing would help close the digital di- gap by enabling innovative healthcare posts who don’t believe in the full hu- vide between urban and rural America delivery in these rural communities. manity and equality of so many of our by directing the FCC to provide up to In an example described to me in a family members, friends, neighbors, $5 billion in matching grants to assist recent letter, hospice workers at and coworkers. States and State-approved entities in Northern Light Home Care and Hospice It is obvious that this work is still building ‘‘last-mile’’ infrastructure to were able to use the internet and video very important, and we have it cut out bring high-speed broadband directly to technology to help support a patient for us, but I remain hopeful because I homes and businesses in areas that who was living on an island off the have seen how far we have come in just lack it. Let me briefly discuss a few coast of Maine—not as far as the 50 years. By continuing to honor the key points about the bill that I would seagull flies but hours away in travel righteous tradition of Marsha, Sylvia, like to highlight. time. Although the connection was and so many others by raising our First, projects that receive funding very poor, the video enabled the hos- voices against injustice and taking key must be located in unserved areas pice nurses to monitor the patient’s steps like this legislation to make life where broadband is unavailable at symptoms and provide emotional sup- easier for the next generation of speeds that meet the FCC standards. port to her family. As the author of LGBTQIA+ Americans, I know we will Narrowing the focus to those areas will that letter, Lisa Harvey-McPherson, see even more progress in the next 50 ensure that the money goes where it is put it, ‘‘Our hospice team could be years. needed most and will also protect doing so much more with video and against overbuilding where broadband By Ms. COLLINS (for herself and telemonitoring technologies if Maine infrastructure is already in place. had better connectivity.’’ Mr. JONES): Second—and this is important—the S. 2018. A bill to provide Federal I ask unanimous consent that imme- bill requires that this Federal funding matching funding for State-level diately following my remarks, this let- broadband programs; to the Committee be matched through public-private ter from Lisa Harvey-McPherson be on Commerce, Science, and Transpor- partnerships between the broadband printed in the RECORD. Mr. President, in closing, rural tation. service provider and the State in which Ms. COLLINS. Mr. President, I rise the last-mile infrastructure project Americans deserve to enjoy the bene- today to introduce the American will be built. This means that States fits of high-speed internet in the same Broadband Buildout Act of 2019, or and their private sector partners will way that urban Americans do, but a ABBA. This legislation would help en- have ‘‘skin in the game’’ to balance the digital divide has arisen due to the sure that rural Americans have access Federal commitment, ensuring that simple fact that rural areas are more to broadband services at speeds they projects will be well thought out and sparsely populated than urban ones and need to fully participate in the benefits designed to be sustainable. are therefore more expensive to serve. of our modern society and economy re- Third, the bill requires that projects The bill that Senator JONES and I are gardless of whether they live in the be designed to be ‘‘future proof,’’ mean- introducing today would help to bridge largest cities or the smallest towns. I ing that the infrastructure installed this digital divide by funding future- am delighted to be joined by my friend must be capable of delivering higher proof broadband where it is needed and colleague Senator DOUG JONES in speeds as broadband accelerates in the most and giving a real boost to job cre- introducing this bill. future. This will ensure that Federal ation in rural America. Twenty-five years ago, when the tax dollars are used to help build a net- I urge my colleagues to support our internet was known as the World Wide work that serves rural Americans now bill. Web, Americans typically accessed the and in the future without our having to There being no objection, the mate- web using their home phone lines via rebuild it every time technology ad- rial was ordered to be printed in the modems capable of downloading data vances. RECORD, as follows: at just 56 kilobits per second—too slow Furthermore, the bill directs the FCC NORTHERN LIGHT HEALTH, even to support MP3-quality streaming to prioritize the funding of projects in Brewer, ME, May 13, 2019. music. Today, the threshold for States that have traditionally lagged Senator SUSAN COLLINS, broadband service as defined by the behind the national average in terms of Dirksen Senate Office Building, broadband subscribers and are at risk Washington, DC. FCC allows downloads at speeds nearly DEAR SENATOR COLLINS: On behalf of 500 times faster—25 megabits per sec- of falling further behind as broadband Northern Light Health member organiza- ond. At these speeds, Americans not speeds increase. tions and the patients we serve, I want to only can watch their favorite movies Finally, the bill provides grants for thank you for your support for the need to on demand in the comfort of their very states and state-designated entities for advance health care technology in Maine. own living rooms but can also partici- digital literacy and public awareness Technology is an essential strategy to in- pate in the global economy while work- campaigns, highlighting the benefits crease access to health care services in rural ing from home, upgrade their skills and possibilities of broadband service Maine. Northern Light Health is a tech- and helping to attract employers to nology leader in Maine providing a variety of through online education, stay con- telehealth services including cardiology, nected to their families as they age in rural parts of our country in which stroke, psychiatry, trauma, pediatric inten- place, and access healthcare through broadband services are lacking and yet sive care and in-home telemonitoring serv- advances in telemedicine. are essential for a business’s success. ices state wide. As we work to expand oppor- While the increase in broadband The key reason to do this is to address tunities for patients to receive health care speeds has been dramatic and is en- the disparity in the adoption rates I services through technology we consistently couraging, these numbers mask a dis- have already mentioned, which will encounter the challenge of inadequate (or parity between urban and rural Ameri- help drive down the costs of the service absent) broad band capacity. Northern Light cans. Nearly all Americans living in and make it more affordable for every- Health member organizations compete na- urban areas have access to the internet tionally to recruit specialists to Maine, tech- one. nology is often the only option to expand ac- at speeds that meet the FCC’s One broadband application that holds cess to specialists in rural Maine. broadband threshold, while one in four special promise for rural America is The following Northern Light Health ex- rural Americans does not. telemedicine. As a native of Aroostook amples highlight technology opportunities

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.037 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4633 and the need to increase broadband speed healthy choices is to teach them about dollar spent on local food generates up and capacity in rural Maine. their food and how it is grown. Making to an additional $2.16 in economic ac- Our hospice program cared for a patient on that connection makes a difference. tivity. an island off Hancock County. Staff placed a That is why I championed the inclusion This program is so popular among tablet at the patient’s home and one with the hospice nurse. Because of the challenges of funding for a farm to school grant school and farmers alike that demand of Island travel, it took hours to get to the program, which was included in the for grants far outpaces available fund- home to manage and support the patient and Healthy and Hunger-Free Kids Act. ing. Since the program began in 2013, her family. While the broadband connection The program has had tremendous USDA has received more than 1,900 ap- was very poor we were able to help with success and interest nationwide, and plications, but has only been able to symptoms and emotional support using video has awarded grants in all 50 states and fund 437 projects. The Farm to School technology. Our hospice team could be doing the District of Columbia to support Act of 2019 would build upon the suc- so much more with video and telemonitoring programs in more than 33,000 schools. cess of the program and expand its technologies if Maine had better Building upon the success of this pro- connectivity. reach by increasing the funding for the At Northern Light AR Gould in Presque gram, I am glad to be joined today by program to $15 million per year. The Isle, they are a pilot site for the telehealth Senators PERDUE, BROWN, and COLLINS bill also recognizes the importance of virtual walk-in clinic. Those using the sys- in introducing the Farm to School Act growing the program to include tem within the pilot are amazed at the ease of 2019. In years past, I have cham- preschools, summer food service pro- of access to a provider to ask those easy pioned this important farm to school gram sites, and after-school programs. questions that keep patients out of the ED. legislative effort with one of my dear- Ensuring children have enough food If successful, in a broader roll-out, patients est friends, Thad Cochran, who sadly to eat is an issue that unites us all. in local communities will have access to walk-in level care (colds, rashes, general passed away last month. There is simply no excuse that in the health questions) without leaving their home We all know that hungry children wealthiest, most powerful Nation on via technology. This is important given the cannot learn. Studies have shown that Earth people go hungry. Small changes average age of the population and the dif- healthy nutrition in a young person’s in eating habits by children will result ficulty of traveling roads during the winter diet is crucial to cognitive ability and in lifelong health benefits for genera- months in Aroostook County. The barrier to better health in the long run. Food in- tions to come. The Farm to School pro- fully expanding the telehealth virtual clinic security and obesity rates are still too gram empowers children and their fam- is broadband capacity. high in this country, resulting in poor ilies to make healthy choices now and Broadband access is also a professional re- health, and learning and behavioral dif- cruitment tool, often provider spouses have in the future. As the Senate begins difficulty finding meaningful employment. ficulties at school. The school meal considering reauthorizing the child nu- Addressing rural broadband capacity will program has made tremendous strides trition bill this year, I look forward to support remote work. in recent years to ensure not only that including these improvements in the In Aroostook County we are also evalu- children have access to meals through- Farm to School program. ating telepsychiatry services for the regional out the school day, but that those nursing homes. This will significantly in- meals are nutritious. The Farm to By Mrs. FEINSTEIN (for herself, crease access to psychiatry services which is School program has given children and Mr. GRASSLEY, Mr. SCHATZ, Mr. in clinical demand. Connectivity is a schools across the country the tools to DURBIN, Ms. KLOBUCHAR, Mr. foundational component of offering this TILLIS, Mr. KAINE, Ms. ERNST, service. craft farm-fresh, healthy, and delicious Our electronic health record has expanded meals that students enjoy. and Mr. CRAMER): access to individualized health information The Farm to School grant program S. 2032. A bill to expand research on for our patients, connectivity is a barrier to offers support to farmers and local the cannabidiol and marihuana; to the patients accessing this important resource in economies, while teaching kids about Committee on the Judiciary. rural Maine. nutritious foods and how they are Mrs. FEINSTEIN. Mr. President, I As we increase our electronic health record grown. The program has a strong edu- rise today to introduce the Cannabidiol capacity providers are reliant on this tech- cational component, making our school and Marijuana Research Expansion Act nology as much as they are reliant on clin- cafeterias an extension of the class- with my colleagues. ical tools like a stethoscope. In areas with Anecdotal evidence suggests that broadband capacity challenges the providers room, giving students an opportunity spend time looking at buffering symbols on to learn about nutrition, well-balanced marijuana and its derivatives, like their screens for long periods of time in the meals, and even how to grow the food cannabidiol, commonly known as CBD, day. themselves. may be helpful in treating serious med- We appreciate the opportunity to share In Vermont, I have seen first-hand ical conditions. However, anecdotal these examples with you and your staff as how farm to school efforts have better evidence alone cannot be the basis for you explore Congressional solutions to connected children with the food in developing new medications. Rather, Maine’s broadband challenge. their cafeteria. Students participate in medication development must be based Sincerely, school gardens, sustainability projects, on science. LISA HARVEY-MCPHERSON RN, MBA, MPPM, and taste tests for new school menu Unfortunately, marijuana research is Vice President Govern- items. With the help of a USDA Farm subject to burdensome regulations ment Relations. to School grant, the Burlington School which may unintentionally inhibit re- Food Project has created a partnership search and medication development. By Mr. LEAHY (for himself, Mr. with a local Vermont beef processor The Cannabidiol and Marijuana Re- PERDUE, Mr. BROWN, and Ms. and 100 percent of the beef served the search Expansion Act will reduce these COLLINS): last school year was locally sourced, barriers without sacrificing security or S. 2026. A bill to amend the Richard and that will continue next year as enabling diversion. It will ensure that B. Russell National School Lunch Act well. Organizations in Vermont such as marijuana-derived medications are de- to reauthorize the farm to school pro- Vermont Food Education Every Day, veloped using strong scientific evi- gram, and for other purposes; to the Shelburne Farms, and the Northeast dence, and provide a pathway for the Committee on Agriculture, Nutrition, Organic Farming Association have manufacture and distribution of FDA- and Forestry. been able to expand their programs to approved drugs that are based on this In 2010, Congress passed the Healthy link more farms to the classroom research. and Hunger-Free Kids Act, which reau- throughout Vermont. First, the bill streamlines the regu- thorized child nutrition programs and Farm to school is equally crucial to latory process for marijuana research. made healthy meal choices a reality to farmers and ranchers by opening an- Specifically, it requires the Drug En- children nationwide. Far too many other market to them to sell their lo- forcement Administration (DEA) to children and adolescents in the United cally grown and locally harvested quickly approve or deny applications States suffer from obesity, which puts goods. The program links the class- to research CBD or marijuana and es- them at risk for developing chronic room with the farm to engage students tablishes a process by which applicants health conditions later in life. One of in the importance of farming and con- may submit supplemental information, the best ways to help students make tributing to the local economy. Every if necessary.

VerDate Sep 11 2014 07:12 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.035 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4634 CONGRESSIONAL RECORD — SENATE June 27, 2019 It also improves regulations dealing substances are effective in treating se- of multiple summers while in high with changes to approved quantities of rious medical illnesses, we should en- school have recently graduated and marijuana needed for research and ap- able products to be brought to the mar- were hired by State agencies such as proved research protocols. These im- ket with FDA approval. I hope my col- the Maryland Department of Natural provements will eliminate lengthy leagues will join me in supporting this Resources. Baltimore youth and their delays that researchers encounter important piece of legislation. families clearly see the value of this under current regulations. Thank you, Mr. President. I yield the program, with more than 14,000 individ- Second, this legislation seeks to in- floor. uals applying for Youth Works slots crease medical research on CBD. this upcoming summer. It does so by explicitly authorizing By Mr. CARDIN (for himself and Unfortunately, due to the lack of medical and osteopathic schools, re- Mr. VAN HOLLEN): funding between the partnership be- search universities, practitioners and S. 2036. A bill to amend the Work- tween the City, State, private business, pharmaceutical companies to produce force Innovation and Opportunity Act and philanthropic ventures, more than the marijuana they need for approved to provide grants to States for summer 5,000 Baltimore City youth who sought medical research. This will ensure that employment programs for youth; to summer employment will be denied the researchers have access to the material the Committee on Health, Education, opportunity to gain experience in the they need to develop proven, effective Labor, and Pensions. workplace, foster confidence that they medicines. Once the FDA approves Mr. CARDIN. Mr. President, I would are capable of being successful in a new these medications, pharmaceutical like to call the Senate’s attention to environment, and lose the security of a companies are permitted to manufac- the Youth Summer Jobs and Public safe environment over the summer. We ture and distribute them. Service Act of 2019 that I am intro- can and must do more to help individ- Third, the bill fosters increased com- ducing today with my colleague from uals willing and eager to start their ca- munication between doctors and pa- Maryland, Senator VAN HOLLEN. This reers. tients. legislation authorizes the Department The Youth Summer Jobs and Public Because it is a Schedule I drug, some of Labor to award Summer Employ- Service Act would seek to eliminate doctors are hesitant to talk to their ment for Youth grants to connect the waiting list for Baltimore students patients about the potential harms and youth with jobs that serve their local seeking to participate in Youth Works benefits of using marijuana, CBD, or communities and private businesses or other summer employment pro- other marijuana derivatives as a treat- over the summer months. grams around the Nation. If enacted, ment, for fear that they will lose their Since the mid-1990s, my home city of my legislation would allow States to DEA registrations. Yet, if patients are Baltimore has organized the Youth compete for Summer Employment for using marijuana or its derivatives Works program out of the Mayor’s Of- Youth grants to serve communities without their doctors’ knowledge, it fice of Employment Development. The like Baltimore that have high con- could impact the effectiveness of the Youth Works program provides individ- centrations of eligible, low-income care they receive. That is why our bill uals between the ages of 14 to 21 with a youth. The grants would be utilized by authorizes these discussions to occur. summer job with employers ranging local communities to carry out pro- Finally, because existing Federal re- from private businesses, local commu- grams like the Youth Works program search is lacking, the bill directs the nity nonprofit organizations, to city that provide summer employment op- Secretary of Health and Human Serv- and State government agencies portunities that are directly linked to ices to expand and coordinate research throughout the City. At these summer academic and occupations learning by to determine the potential medical jobs, participants are provided with providing meaningful work experi- benefits of CBD or other marijuana-de- meaningful work experiences, are able ences. States competing for grants rived medications on serious medical to learn to develop the attitudes and would be required to partner with pri- conditions. grit necessary to compete in the work- vate businesses to the extent feasible I have heard from many parents who force, gain exposure to a variety of ca- and to prioritize jobs and work oppor- have turned to CBD as a last resort to reer fields, and have a safe, stable envi- tunities that directly serve their com- treat their children who have intrac- ronment over the summer months dur- munities, such as through summer em- table epilepsy. Anecdotally, CBD has ing the day. For the 2019 Youth Works ployment with local community non- produced positive results. I have heard session that begins next week, Balti- profit organizations and city and State similar stories from people who use more youth participating in the pro- government agencies. This additional marijuana to treat various other med- gram will have a job for five days a Federal funding can boost existing pro- ical conditions. week, five hours per day from July 1st grams such as Youth Works and allow But a common concern echoed in through August 2nd and be paid a min- other communities across Maryland to many of these conversations is that imum of $10.10 per hour for their serv- establish their own programs and de- there is a lack of understanding about ice. velop Maryland’s next generation of the proper delivery mechanism, dosing, This program has grown to be one of workforce. or potential interactions that CBD or the largest youth summer employment I am proud to lead this Senate effort marijuana may have with other medi- programs in the Nation. After the un- with my colleague from Maryland and cations. Some also worry because these rest in my home city in April 2015, the appreciate the work of Representative products aren’t well regulated or fac- Federal Department of Labor provided CEDRIC RICHMOND of Louisiana who ini- tory sealed, and often are labeled in- the Maryland Department of Labor, Li- tially led this effort in the U.S. House correctly. censing and Regulation and the Balti- of Representatives and will shortly in- Without additional research, our more City’s Mayor’s Office of Employ- troduce companion legislation this ability to adequately address these ment with a $5 million grant to develop Congress. I urge my Senate colleagues concerns is limited and uninformed. innovative job training strategies and to join with me in this effort to con- The need for additional research, work opportunities for youth and nect youth with summer employment along with the need to increase the young adults across Baltimore. This opportunities and start their journey supply of CBD and marijuana for re- Federal grant increased the number of towards fulfilling, successful careers. search purposes, was highlighted in the individuals able to be served by the Mr. President, I ask unanimous con- National Academy of Sciences report, Youth Works program from an historic sent that the text of the bill be printed titled ‘‘The Health Effects of Cannabis average of 5,000 participants to the in the CONGRESSIONAL RECORD fol- and Cannabinoids: The Current State more than 8,000 served today. Last lowing my remarks. of Evidence and Recommendations for year, Youth Works provided 8,600 Balti- There being no objections, so or- Research.’’ moreans with jobs at more than 900 dif- dered. I firmly believe that we should re- ferent worksites across my home city. S. 2036 duce the regulatory barriers associated I’m proud to say that some of those in- Be it enacted by the Senate and House of Rep- with researching marijuana and CBD. dividuals who participated in the resentatives of the United States of America in If and when science shows that these Youth Works program over the course Congress assembled,

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.036 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4635 SECTION 1. SHORT TITLE. SEC. 3. COIN SPECIFICATIONS. (1) $35 per coin for the $5 coin; This Act may be cited as the ‘‘Youth Sum- (a) DENOMINATIONS.—The Secretary of the (2) $10 per coin for the $1 coin; and mer Jobs and Public Service Act of 2019’’. Treasury (hereafter in this Act referred to as (3) $5 per coin for the half-dollar coin. SEC. 2. GRANTS TO STATES FOR SUMMER EM- the ‘‘Secretary’’) shall mint and issue the (b) DISTRIBUTION.—Subject to section PLOYMENT FOR YOUTH. following coins: 5134(f)(1) of title 31, United States Code, all Section 129 of the Workforce Innovation (1) $5 GOLD COINS.—Not more than 50,000 $5 surcharges received by the Secretary from and Opportunity Act (29 U.S.C. 3164) is coins, which shall— the sale of coins issued under this Act shall amended by adding at the end the following: (A) weigh 8.359 grams; be promptly paid by the Secretary to the Na- (B) have a diameter of 0.850 inches; and ‘‘(d) GRANTS TO STATES FOR SUMMER EM- tional Purple Heart Hall of Honor, Inc. to (C) contain 90 percent gold and 10 percent PLOYMENT FOR YOUTH.— support the mission of the National Purple alloy. ‘‘(1) IN GENERAL.—Notwithstanding any Heart Hall of Honor, Inc., including capital (2) $1 SILVER COINS.—Not more than 400,000 other provision of this Act, from the amount improvements to the National Purple Heart $1 coins, which shall— appropriated under paragraph (2), the Sec- Hall of Honor facilities. (A) weigh 26.73 grams; retary shall award grants to States to pro- (c) AUDITS.—The National Purple Heart (B) have a diameter of 1.500 inches; and vide assistance to local areas that have high Hall of Honor, Inc. shall be subject to the (C) contain not less than 90 percent silver. concentrations of eligible youth to enable audit requirements of section 5134(f)(2) of (3) HALF-DOLLAR CLAD COINS.—Not more such local areas to carry out programs de- title 31, United States Code, with regard to than 750,000 half-dollar coins which shall— the amounts received under subsection (b). scribed in subsection (c)(1) that provide sum- (A) weigh 11.34 grams; mer employment opportunities for eligible (d) LIMITATION.—Notwithstanding sub- (B) have a diameter of 1.205 inches; and section (a), no surcharge may be included youth, which are directly linked to academic (C) be minted to the specifications for half- and occupational learning, as described in with respect to the issuance under this Act dollar coins contained in section 5112(b) of of any coin during a calendar year if, as of subsection (c)(2)(C). In awarding grants title 31, United States Code. under this subsection, a State shall— the time of such issuance, the issuance of (b) LEGAL TENDER.—The coins minted such coin would result in the number of com- ‘‘(A) partner with private businesses to the under this Act shall be legal tender, as pro- memorative coin programs issued during extent feasible to provide employment op- vided in section 5103 of title 31, United States such year to exceed the annual 2 commemo- portunities at such businesses; and Code. rative coin program issuance limitation ‘‘(B) prioritize jobs and work opportunities (c) NUMISMATIC ITEMS.—For purposes of that directly serve the community. section 5134 of title 31, United States Code, under section 5112(m)(1) of title 31, United ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— all coins minted under this Act shall be con- States Code (as in effect on the date of the There is authorized to be appropriated sidered to be numismatic items. enactment of this Act). The Secretary of the $100,000,000 to carry out this subsection for SEC. 4. DESIGN OF COINS. Treasury may issue guidance to carry out this subsection. each of fiscal years 2020 through 2024.’’. (a) DESIGN REQUIREMENTS.— (1) IN GENERAL.—The design of the coins By Mr. SCHUMER (for himself, minted under this Act shall be emblematic By Mr. SCHUMER: Ms. DUCKWORTH, Mrs. GILLI- of the mission of the National Purple Heart S. 2047. A bill to provide for a 2-week BRAND, and Ms. KLOBUCHAR): Hall of Honor. extension of the Medicaid community S. 2042. A bill to require the Sec- (2) DESIGNATION AND INSCRIPTIONS.—On mental health services demonstration each coin minted under this Act there shall program, and for other purposes; con- retary of the Treasury to mint coins in be— commemoration of the National Purple sidered and passed. (A) a designation of the value of the coin; Mr. SCHUMER. Mr. President, I ask Heart Hall of Honor; to the Committee (B) an inscription of the year ‘‘2021’’; and on Banking, Housing, and Urban Af- (C) inscriptions of the words ‘‘Liberty’’, unanimous consent that the text of the fairs. ‘‘In God We Trust’’, ‘‘United States of Amer- bill be printed in the RECORD. Mr. SCHUMER. Mr. President, I ask ica’’, and ‘‘E Pluribus Unum’’. There being no objection, the text of (b) SELECTION.—The design for the coins unanimous consent that the text of the the bill was ordered to be printed in minted under this Act shall be— the RECORD, as follows: bill be printed in the RECORD. (1) selected by the Secretary after con- S. 2047 There being no objection, the text of sultation with the Commission of Fine Arts the bill was ordered to be printed in and the National Purple Heart Hall of Honor, Be it enacted by the Senate and House of Rep- the RECORD, as follows: Inc.; and resentatives of the United States of America in Congress assembled, S. 2042 (2) reviewed by the Citizens Coinage Advi- sory Committee. SECTION 1. EXTENSION OF THE MEDICAID COM- Be it enacted by the Senate and House of Rep- SEC. 5. ISSUANCE OF COINS. MUNITY MENTAL HEALTH SERVICES resentatives of the United States of America in (a) QUALITY OF COINS.—Coins minted under DEMONSTRATION PROGRAM. Congress assembled, this Act shall be issued in uncirculated and Section 223(d)(3) of the Protecting Access SECTION 1. SHORT TITLE. proof qualities. to Medicare Act of 2014 (42 U.S.C. 1396a note) This Act may be cited as the ‘‘National (b) MINT FACILITY.—Only the West Point is amended by striking ‘‘June 30, 2019’’ and Purple Heart Hall of Honor Commemorative Mint may be used to strike any particular inserting ‘‘July 14, 2019’’. Coin Act’’. quality of the coins minted under this Act. SEC. 2. MEDICAID IMPROVEMENT FUND. (c) PERIOD FOR ISSUANCE.—The Secretary SEC. 2. FINDINGS. Section 1941(b)(1) of the Social Security may issue coins minted under this Act only The Congress finds the following: Act (42 U.S.C. 1396w–1(b)(1)) is amended by during the 1-year period beginning on Janu- striking ‘‘$6,000,000’’ and inserting (1) The mission of the National Purple ary 1, 2021. Heart Hall of Honor is— ‘‘$1,000,000’’. SEC. 6. SALE OF COINS. (A) to commemorate the extraordinary f (a) SALE PRICE.—The coins issued under sacrifice of servicemembers of the United this Act shall be sold by the Secretary at a SUBMITTED RESOLUTIONS States who were killed or wounded by enemy price equal to the sum of— action; and (1) the face value of the coins; (B) to collect and preserve the stories of (2) the surcharge provided in section 7(a) Purple Heart recipients from all branches of SENATE RESOLUTION 267—RECOG- with respect to such coins; and NIZING THE SEPTEMBER 11TH service and across generations to ensure that (3) the cost of designing and issuing the all recipients are represented. coins (including labor, materials, dies, use of NATIONAL MEMORIAL TRAIL AS (2) The National Purple Heart Hall of machinery, overhead expenses, marketing, AN IMPORTANT TRAIL AND Honor first opened its doors on November 10, and shipping). GREENWAY ALL INDIVIDUALS 2006, in New Windsor, New York. (b) BULK SALES.—The Secretary shall SHOULD ENJOY IN HONOR OF (3) The National Purple Heart Hall of make bulk sales of the coins issued under THE HEROES OF SEPTEMBER Honor is colocated with the New Windsor this Act at a reasonable discount. 11TH Cantonment State Historic Site. (c) PREPAID ORDERS.— (4) The National Purple Heart Hall of (1) IN GENERAL.—The Secretary shall ac- Mr. TOOMEY (for himself and Mr. Honor is the first to recognize the estimated cept prepaid orders for the coins minted WARNER) submitted the following reso- 1,800,000 servicemembers of the United States under this Act before the issuance of such lution; which was referred to the Com- wounded or killed in action representing re- coins. mittee on Energy and Natural Re- cipients from the Civil War to the present (2) DISCOUNT.—Sale prices with respect to sources: day, serving as a living memorial to their prepaid orders under paragraph (1) shall be sacrifice by sharing their stories through at a reasonable discount. S. RES. 267 interviews, exhibits, and the Roll of Honor, SEC. 7. SURCHARGES. Whereas September 11th, 2001, is the date of an interactive computer database of each re- (a) IN GENERAL.—All sales of coins issued one of the worst terrorist attacks on United cipient enrolled. under this Act shall include a surcharge of— States soil, claiming nearly 3,000 lives at the

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.039 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4636 CONGRESSIONAL RECORD — SENATE June 27, 2019 World Trade Center in New York City, the uals should enjoy in honor of the heroes of Whereas Alex Villamayor was murdered on Pentagon in Virginia, and the Flight 93 crash September 11th. June 27, 2015, in the City of Encarnacio´ n in site near Shanksville, Pennsylvania; f Paraguay; Whereas the United States came together Whereas Alex Villamayor’s death was to honor the loved ones who were victims of SENATE RESOLUTION 268—EX- wrongfully ruled a suicide by Paraguayan the attack and the heroes of September 11th, PRESSING THE SENSE OF THE authorities before a comprehensive inves- including the first responders, in the days, SENATE THAT THE FEDERAL tigation was carried out; weeks, and months after the attack by erect- GOVERNMENT SHOULD NOT BAIL Whereas, in the initial weeks of the inves- ing the National September 11 Memorial and OUT ANY STATE tigation, Paraguayan authorities failed to Museum, the Pentagon Memorial, and the collect blood and DNA samples from individ- Flight 93 National Memorial; Mr. COTTON submitted the following uals present at the scene of the crime, con- Whereas, as a further tribute to first re- resolution; which was referred to the duct gunshot residue analysis on individuals sponders and the individuals who lost their Committee on Finance: present at the crime scene, and collect cel- th lives, the September 11 National Memorial S. RES. 268 lular phone records and data from individ- Trail Alliance, in partnership with State and uals present at the crime scene; Whereas every State in the United States local governments and other nonprofit orga- Whereas, in August 2015, Alex Villamayor’s is a sovereign entity with a constitution and nizations, was formed to develop a 1,300-mile body was exhumed for additional forensic ex- the authority to issue sovereign debt; trail and greenway to connect the 3 memo- amination, which found that he had been Whereas the legislature of every State in rials; raped and physically assaulted prior to his the United States has the authority to re- Whereas the September 11th National Me- death; duce spending or raise taxes to pay the obli- morial Trail is a biking, hiking, and driving Whereas, in August 2015, Paraguayan pros- gations owed by the State; trail that provides a physical link between ecutor Olga Wilma Araujo Ayala was sus- Whereas officials in every State in the the 3 memorials; pended from the investigation into and legal United States have the legal obligation to Whereas the September 11th National Me- case related to Alex Villamayor’s death due fully disclose the financial condition of the morial Trail passes through Virginia, Mary- to mismanagement of the case; State to investors who purchase the debt of land, West Virginia, Pennsylvania, New Jer- Whereas, in September 2015, Mathias Wilbs, the State; sey, New York, Delaware, and the District of an employee at the property where Alex Whereas Congress has rejected prior re- Columbia; Villamayor was murdered, admitted in a quests from creditors of a State for payment Whereas the September 11th National Me- televised public interview that he had re- of the defaulted debt of a State; and morial Trail forms an unbroken triangle moved the murder weapon from the crime Whereas, during the financial crisis in 1842, that links the cities, towns, and commu- scene and placed another firearm in Alex the Senate requested that the Secretary of nities along the trail that are home to State Villamayor’s hand; the Treasury report to the Senate with re- and local memorials and other significant Whereas, in September 2015, Alex spect to any negotiations with any creditor sites that reflect the spirit of United States Villamayor’s death was ruled a homicide and of a State relating to assuming or guaran- patriotism and resilience; Rene´ Hofstetter and Mathias Wilbs were teeing any debt of the State, to ensure that Whereas the September 11th National Me- charged with crimes in relation to Alex promises of support by the Federal Govern- morial Trail— Villamayor’s murder; ment were not proffered: Now, therefore, be (1) starts at the Pentagon Memorial in Ar- Whereas, in October 2015, Paraguayan au- it lington, Virginia; thorities opened a formal investigation of Resolved, That it is the sense of the Senate (2) follows the Mt. Vernon Trail and then Alain Jacks Dı´az de Bedoya for his role in that— extends north along the 184-mile Chesapeake Alex Villamayor’s murder; (1) the Federal Government should take no and Ohio Canal National Historical Park; Whereas, in November 2016, Paraguayan action to redeem, assume, or guarantee any (3) connects at Cumberland, Maryland, authorities dropped the charges against debt, including pension obligations, of a with the 150-mile Great Allegheny Passage, Alain Jacks Dı´az de Bedoya related to Alex State; and which the Trail then follows to Garrett in Villamayor’s murder; (2) the Secretary of the Treasury should re- Somerset County, Pennsylvania; Whereas Members of the United States port to Congress any negotiations to engage (4) turns northeast and continues for ap- Congress have urged the Government of in actions that would result in an outlay of proximately 21 miles to the Flight 93 Na- Paraguay to invite the United States Fed- Federal funds on behalf of creditors of a tional Memorial; eral Bureau of Investigation to provide tech- State. (5) continues east through the commu- nical assistance for the investigation into nities and historic sights of Pennsylvania f Alex Villamayor’s death and the United until arriving at the 130-mile Liberty Water States Embassy in Asuncio´ n, Paraguay has Gap Trail in New Jersey, which the Trail SENATE RESOLUTION 269—COM- MEMORATING THE LIFE OF LUIS offered such assistance to Paraguayan au- then follows to New York City; thorities; (6) continues to the National September 11 ALEJANDRO ‘‘ALEX’’ Whereas, to date, the Government of Para- Memorial and Museum in New York City; VILLAMAYOR AND CALLING FOR guay has not invited the Federal Bureau of (7) returns south, following important sec- JUSTICE AND ACCOUNTABILITY Investigation to provide technical assistance tions of the East Coast Greenway and con- for the investigation into Alex Villamayor’s necting the 9/11 Memorial Garden of Reflec- Mr. CARDIN (for himself and Mr. death; tion to the trail; VAN HOLLEN) submitted the following (8) continues along the National Mall in Whereas the United States embassy in resolution; which was referred to the Asuncio´ n, Paraguay, and the Department of Washington, D.C.; and Committee on Foreign Relations: (9) ends at the Pentagon Memorial; State have not issued any formal public Whereas the September 11th National Me- S. RES. 269 statements about Alex Villamayor’s murder morial Trail serves as an important rec- Whereas United States citizen Luis and the many irregularities in the investiga- reational and transportation venue for pro- Alejandro ‘‘Alex’’ Villamayor was born on tion into his death; moting tourism, economic development, July 3, 1998, to parents Puning Luk Whereas, in February 2017, outgoing United healthy bodies and minds, and cultural and Villamayor and Luis Felipe Villamayor in States Ambassador Leslie A. Basset told educational opportunities; Rockville, Maryland; media outlets that Alex Villamayor ‘‘died Whereas the September 11th National Me- Whereas Alex Villamayor is remembered under dark circumstances’’ and that ‘‘the in- morial Trail has the support of States, local by his family as a smart, loving, and compas- vestigation and the handling of this case has communities, and the private sector; sionate young man with a good sense of been worrisome’’; and Whereas recognition by the Senate of the humor, who was committed to his parents, Whereas, in April 2018, Rene Hofstetter was September 11th National Memorial Trail does siblings, and friends; convicted of homicide and sentenced to 12 not confer any affiliation of the Trail with Whereas Alex Villamayor moved with his years in prison and Mathias Wilbs was sen- the National Park Service or the National family at the age of six to Paraguay, where tenced to two years and 10 months on ob- Trails System; he was a devoted member of his church and struction of justice; Whereas recognition by the Senate of the always had attention for those less fortu- Whereas, in spite of these convictions, September 11th National Memorial Trail does nate; media outlets report that others implicated not authorize Federal funds to be expended Whereas Alex Villamayor graduated with in the murder and cover-up have not been for any purpose related to the Trail; and honors from Paraguay’s Pan American Inter- charged; and Whereas States, local communities, and national School (PAIS) and was accepted to Whereas, members of Alex Villamayor’s the private sector are encouraged to join to- attend Montgomery College in Maryland in immediate family continue to face grave gether to complete the September 11th Na- the Fall of 2015; physical threats in Paraguay for their pur- tional Memorial Trail: Now, therefore, be it Whereas Alex Villamayor aspired to study suit of justice: Now, therefore, be it Resolved, That the Senate recognizes the business management and return to Para- Resolved, That the Senate— September 11th National Memorial Trail as guay to pursue a career that would help and (1) commemorates the life of United States an important trail and greenway all individ- support the Paraguayan people; citizen Luis Alejandro ‘‘Alex’’ Villamayor

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.042 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4637 and offers condolences to his family and Dı´az de Bedoya, who was also present Whereas LGBTQ individuals had begun to friends; at the time of Alex’s death. While the stand up to such police harassment, includ- (2) expresses profound concern about the charges against, Mr. Dı´az de Bedoya ing at Cooper Do-nuts in Los Angeles in 1959, delays in achieving justice in Alex were eventually dropped, in April 2018 Compton’s Cafeteria in San Francisco in 1966, and Black Cat Tavern in Los Angeles in Villamayor’s case; Rene´ Hofstetter was convicted of homi- (3) urges Paraguayan authorities to invite 1967; the Federal Bureau of Investigation to pro- cide and sentenced to 12 years in prison Whereas, in the early morning hours of vide technical assistance to properly inves- and Mathias Wilbs was sentenced to June 28, 1969, the NYPD raided the Stonewall tigate the circumstances surrounding Alex two years and 10 months on obstruc- Inn and arrested many patrons; Villamayor’s death and assess whether other tion of justice. Whereas brave individuals, particularly individuals may have had a role in the crime In spite of these convictions, I re- transgender women of color, stood up to in- or cover-up; main concerned about the handling of justice the night of June 28, 1969, which (4) urges the Government of Paraguay to this case. In spite of an offer to assist, sparked an uprising against the NYPD, with provide for the physical security of Alex the Government of Paraguay never al- confrontations and protests at the Stonewall Villamayor’s family and others seeking jus- lowed the FBI to provide technical as- Inn and the surrounding area lasting until July 3, 1969; tice in this case and to properly investigate sistance for the investigation. Our Am- recent threats against their lives, charging Whereas the Stonewall uprising empowered those implicated in such threats; bassador at the time told media outlets thousands of LGBTQ individuals to emerge (5) calls on the Department of State to that ‘‘the investigation and the han- from the shadows and come out publicly as prioritize justice for Alex Villamayor in its dling of this case has been worrisome.’’ they stood up for their community the night diplomatic engagement with the Govern- Of even greater concern, members of of June 28, 1969 and beyond, putting their ment of Paraguay; and Alex’s immediate family continue to lives and safety at risk; (6) calls on the Department of State to re- face grave physical threats in Para- Whereas, along with public protests in Chi- view its procedures for providing services to guay for their pursuit of justice. cago, Los Angeles, New York, Philadelphia, San Francisco, Washington, D.C., and else- the families of United States citizens slain Senators VAN HOLLEN and I continue or assaulted abroad. where, the Stonewall uprising became a cat- to offer our deepest condolences to the alyst for the LGBTQ civil rights movement Mr. CARDIN. Mr. President, today I Villamayor family and, through this rise to pay tribute to an exemplary to secure social and political equality and resolution, call on Paraguayan au- inspired the formation of many advocacy or- young Marylander whose life was trag- thorities to finally allow the FBI to as- ganizations; ically cut short four years ago today. sist in this case and provide the nec- Whereas, on June 27–28, 1970, members of Senator VAN HOLLEN and I have just in- essary protections to Alex’s family. We the LGBTQ community commemorated the troduced a resolution which pays trib- similarly ask the Department of State first anniversary of Stonewall and re- ute to Alex’s life, calls for justice and to prioritize justice for Alex affirmed the solidarity of the LGBTQ com- accountability in his murder, and pro- Villamayor in its diplomatic engage- munity by organizing the first Pride cedures to ensure other families do not marches, or gatherings, in New York City, ment with the Government of Para- San Francisco, Chicago, and Los Angeles; suffer this same tragedy. guay and to review its procedures for Luis Alejandro ‘‘Alex’’ Villamayor Whereas the Stonewall uprising is remem- providing services to the families of bered and celebrated every year in June dur- was born on July 3, 1998, to parents United States citizens slain or as- ing ‘‘LGBTQ Pride Month’’; Puning Luk Villamayor and Luis saulted abroad. Whereas in June 2016 the Stonewall Inn Felipe Villamayor in Rockville, Mary- On this sad anniversary, we remain and its surrounding area was declared a na- land. Those who knew him remember committed to honoring the life of Alex tional monument, becoming the first na- him as a smart, loving, and compas- Villamayor and working to ensure this tional monument to commemorate the LGBTQ civil rights movement; sionate young man with a good sense of tragic story does not repeat itself. humor. Alex was committed to his par- Whereas WorldPride will be held in June f 2019 for the first time in the United States in ents, siblings, and friends. He was a de- SENATE RESOLUTION 270—RECOG- New York City to commemorate the Stone- voted member of his church and always wall uprising, bringing representatives of the sought to help those less fortunate. NIZING THE 50TH ANNIVERSARY global LGBTQ community to recognize these Alex Villamayor moved with his fam- OF THE STONEWALL UPRISING historic events; ily to Paraguay at the age of six. He Ms. BALDWIN (for herself, Mrs. Whereas on May 30, 2019, New York City attended high school there and grad- GILLIBRAND, Mr. SCHUMER, Ms. COL- announced that it would dedicate a monu- uated with honors from the Pan Amer- LINS, Ms. CANTWELL, Mr. MARKEY, Mr. ment honoring pioneering transgender activ- ists and key leaders in the Stonewall upris- ican International School and was ac- CASEY, Ms. HARRIS, Mr. MURPHY, Mr. ing, Marsha P. Johnson and Sylvia Rivera, cepted to attend Montgomery College BENNET, Mr. DURBIN, Mrs. MURRAY, Mr. the first permanent public monument in the in Maryland in the fall of 2015 to study BOOKER, Ms. KLOBUCHAR, Mr. SANDERS, world honoring transgender women; business management. He ultimately Mr. COONS, Ms. SMITH, Mrs. SHAHEEN, Whereas on June 6, 2019, the NYPD offi- planned to pursue a career to help and Mr. WYDEN, Mr. CARPER, Ms. HIRONO, cially apologized for the raid on the Stone- support the Paraguayan people, but Mr. BLUMENTHAL, Ms. DUCKWORTH, Mr. wall Inn; was tragically murdered on June 27, MERKLEY, Mr. CARDIN, Ms. HASSAN, and Whereas, despite the progress made since 2015, in the city of Encarnacio´ n. Mrs. FEINSTEIN) submitted the fol- the Stonewall uprising, members of the Alex’s death was wrongfully ruled a lowing resolution; which was consid- LGBTQ community have experienced biased suicide by Paraguayan authorities, ered and agreed to: policing and are still at significant risk of violence and discrimination; who had not properly investigated the S. RES. 270 Whereas, according to the annual hate death at that point and failed to col- Whereas the Stonewall Inn opened on or crimes report published by the Federal Bu- lect blood and DNA samples from indi- around March 18, 1967, at 53 Christopher reau of Investigation, LGBTQ individuals, viduals present at the scene of the Street in the Greenwich Village neighbor- particularly LGBTQ individuals of color, crime, conduct gunshot residue anal- hood of New York City; continue to be the target of bias-motivated ysis, or collect cellular phone records Whereas the neighborhood of Greenwich violence, and efforts to address this violence and data from individuals present at Village, and establishments like the Stone- may be hindered by a continued lack of trust wall Inn, served as a sanctuary for members in law enforcement; the crime scene. of the lesbian, gay, bisexual, transgender, After Alex’s family noted gross in- Whereas not less than 100 transgender indi- and queer (referred to in this preamble as viduals, primarily women of color, have been consistencies in accounts of his death, ‘‘LGBTQ’’) community from persecution by murdered in the United States since the be- Alex’s body was exhumed for additional police and society at large; ginning of 2015; and forensic examination, which found that Whereas during the time around the open- Whereas no individual in the United States he had been raped and physically as- ing of the Stonewall Inn, many State and should have to fear being the target of vio- saulted prior to his death. Finally, in local governments, including New York City, lence because of who they are or who they September 2015, Alex’s death was ruled criminalized how LGBTQ individuals express love: Now, therefore, be it a homicide. Rene´ Hofstetter and Ma- their identities and relationships, which re- Resolved, That the Senate— sulted in LGBTQ individuals frequently (1) recognizes the 50th Anniversary of the thias Wilbs were charged with crimes being harassed by law enforcement, includ- Stonewall uprising; in relation to Alex Villamayor’s mur- ing the New York City Police Department (2) condemns violence and discrimination der and Paraguayan authorities opened (referred to in this preamble as the against members of the LGBTQ community a formal investigation of Alain Jacks ‘‘NYPD’’); and recommits itself to securing justice,

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.044 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4638 CONGRESSIONAL RECORD — SENATE June 27, 2019 equality, and well-being for LGBTQ individ- resolution; which was referred to the Whereas, according to Human Rights uals; and Committee on Foreign Relations: Watch, the Houthis have undertaken a delib- (3) commends the bravery, solidarity, and erate campaign of kidnapping, torture, and S. CON. RES. 21 resiliency of the LGBTQ community in the abuse against students, human rights defend- face of violence and discrimination, both Whereas, in 2014 and 2015, the Houthi move- ers, political opponents, and religious mi- past and present. ment, also known as Ansar Allah, and its al- norities; lies attacked Yemen’s internationally recog- f Whereas Houthi missile and drone attacks nized government and seized control of the on June 12, 2019, and June 23, 2019, killed 1 ci- capital, Sana’a, and the port city of Aden; SENATE RESOLUTION 271—DESIG- vilian and injured 47 others at Abha Inter- Whereas, since 2015, the Houthis have ex- NATING JULY 12, 2019, AS ‘‘COL- national Airport in southern Saudi Arabia; panded their armed campaign beyond Yem- Whereas, according to United States Cen- LECTOR CAR APPRECIATION en’s borders to target civilian infrastructure tral Command, on June 6, 2019, a Houthi sur- DAY’’ AND RECOGNIZING THAT in Saudi Arabia and possibly beyond, includ- face to air missile shot down a United States THE COLLECTION AND RESTORA- ing hundreds of missile and drone attacks MQ–9 Reaper drone over Yemen, dem- against civilian targets in Saudi Arabia that TION OF HISTORIC AND CLASSIC onstrating a new Houthi capability that have killed innocent civilians; CARS IS AN IMPORTANT PART United States Central Command assessed Whereas the Houthi movement’s slogan is, OF PRESERVING THE TECHNO- was enabled by Iranian assistance; LOGICAL ACHIEVEMENTS AND ‘‘God is great! Death to America! Death to Israel! Curse upon the Jews! Victory to Whereas, on December 18, 2018, a cease-fire CULTURAL HERITAGE OF THE Islam!’’; took effect in the port of Hodeidah, Yemen, UNITED STATES Whereas al Qaeda in the Arabian Peninsula which is the entry point for 70 percent of hu- manitarian aid in the country; Mr. BURR (for himself and Mr. and the Islamic State of Iraq and Syria— Yemen Province have taken advantage of the Whereas the Houthis did not begin remov- TESTER) submitted the following reso- Yemeni civil war to expand their territory ing their forces from Hodeidah and two other lution; which was considered and and resources; ports, part of phase one of the December 2018 agreed to: Whereas Iran and its proxies have provided ceasefire and withdrawal agreement agreed S. RES. 271 direct financial, material, and logistical sup- to in Stockholm, Sweden, until May 2019; Whereas according to the United Nations Whereas many people in the United States port to the Houthis for at least a decade; monitoring mission in Hodeidah, the Houthis maintain classic automobiles as a pastime Whereas the United Nations Panel of Ex- had not removed many of their military in- and do so with great passion and as a means perts on Yemen has found that Iran is in vio- stallations and equipment from the port city of individual expression; lation of United Nations Security Council as of June 12, 2019; and Whereas the Senate recognizes the effect Resolution 2216 (2015) for supplying the Whereas, on June 24, 2019, the United that the more than 100-year history of the Houthis with missiles and drones; States, United Kingdom, Saudi Arabia, and automobile has had on the economic Whereas the Bab-el-Mandeb Strait between the United Arab Emirates released a joint progress of the United States and supports Yemen, Djibouti, and Eritrea, which con- statement that raised concerns that Iranian wholeheartedly all activities involved in the nects the Suez Canal and Red Sea to the In- activities were destabilizing both Yemen and restoration and exhibition of classic auto- dian Ocean, is a strategically important the broader region, reaffirmed support for mobiles; transit point for a significant amount of the efforts of United Nations Special Envoy Whereas the collection, restoration, and global trade each year; Martin Griffiths, and called on all parties in preservation of automobiles is an activity Whereas the Bab-el-Mandeb Strait is the Yemen to accelerate implementation of the shared across generations and across all seg- world’s fourth-largest transit point for oil Stockholm agreement: Now, therefore, be it ments of society; shipments; Resolved by the Senate (the House of Rep- Whereas thousands of local car clubs and Whereas, in its January 2018 and January resentatives concurring), That Congress— related businesses have been instrumental in 2019 reports, the United Nations Panel of Ex- (1) condemns the Houthi movement in preserving a historic part of the heritage of perts on Yemen expressed concern that Yemen for— the United States by encouraging the res- Houthi missile attacks and sea mines re- (A) its blatant disregard for human rights toration and exhibition of such vintage leased in the Red Sea and Bab-el-Mandeb and innocent life; works of art; Strait threatened commercial shipping and (B) its ideology of hate toward Israel and Whereas automotive restoration provides humanitarian aid; Jewish people both in Yemen and around the well-paying, high-skilled jobs for people in Whereas, in October 2016, the Houthis world; all 50 States; and launched multiple cruise missiles at United (C) preventing critical humanitarian aid Whereas automobiles have provided the in- States Navy warships while they were in from reaching people in Yemen; spiration for music, photography, cinema, international waters near the Bab-el-Mandeb (D) the targeting of international com- fashion, and other artistic pursuits that have Strait; merce in the Red Sea and Bab-el-Mandeb become part of the popular culture of the Whereas, in July 2018, the Houthis at- Strait; and United States: Now, therefore, be it tacked two Saudi oil tankers transiting (E) missile and drone attacks against civil- Resolved, That the Senate— through the Bab-el-Mandeb Strait; ians; (1) designates July 12, 2019, as ‘‘Collector Whereas, on May 23, 2018, a Houthi missile (2) expresses concern about Iran’s exten- Car Appreciation Day’’; hit a Turkish-flagged ship carrying wheat to sive support for the Houthis and the eco- (2) recognizes that the collection and res- a Yemeni port; nomic and security consequences for the re- toration of historic and classic cars is an im- Whereas the United Nations warned on gion of an Iranian foothold on the Arabian portant part of preserving the technological February 14, 2019, that approximately Peninsula; achievements and cultural heritage of the 24,000,000 people in Yemen are in need of hu- (3) urges the Houthis and other parties in United States; and manitarian assistance and protection, with the Yemeni civil war to uphold the terms of (3) encourages the people of the United most living in territory currently held by the December 2018 ceasefire and withdrawal States to engage in events and commemora- the Houthis; agreement agreed to in Stockholm, Sweden; tions of Collector Car Appreciation Day that Whereas the United Nations also estimates and create opportunities for collector car owners that 7,400,000 people in Yemen are in need of (4) urges the United States Government to to educate young people about the impor- treatment for malnutrition, including support a peace process to end the civil war tance of preserving the cultural heritage of 2,000,000 children under 5 years of age; and humanitarian crisis in Yemen while pre- the United States, including through the col- Whereas according to Human Rights venting Iran and terrorist groups, including lection and restoration of collector cars. Watch, the extensive use of land mines by the Houthis has killed and maimed hundreds al Qaeda in the Arabian Peninsula and the f of civilians and cut off entire communities Islamic State of Iraq and Syria—Yemen SENATE CONCURRENT RESOLU- from their crops, clean water, and humani- Province, from gaining a permanent foothold on the Arabian Peninsula. TION 21—STRONGLY CON- tarian aid; Whereas, on June 21, 2019, the World Food DEMNING HUMAN RIGHTS VIOLA- f Programme announced that it was partially TIONS, VIOLENCE AGAINST CI- suspending aid to parts of Yemen controlled VILIANS, AND COOPERATION AMENDMENTS SUBMITTED AND by the Houthis because of interference with PROPOSED WITH IRAN BY THE HOUTHI food distribution and aid convoys and the MOVEMENT AND ITS ALLIES IN misappropriation of food by Houthi officials; SA 904. Mr. MCCONNELL (for Mr. HOEVEN) YEMEN Whereas Reporters Without Borders esti- proposed an amendment to the bill S. 50, to mated that, as of March 2019, at least 16 jour- authorize the Secretary of the Interior to as- Mr. COTTON (for himself, Mrs. nalists were being held hostage by the sess sanitation and safety conditions at Bu- BLACKBURN, Mr. RUBIO, Mr. BRAUN, Mr. Houthis, with 10 of them facing possible exe- reau of Indian Affairs facilities that were CORNYN, Mr. INHOFE, and Mr. CRUZ) cution following years of torture and starva- constructed to provide affected Columbia submitted the following concurrent tion; River Treaty tribes access to traditional

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.046 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4639 fishing grounds and expend funds on con- on Thursday, June 27, 2019, at 10 a.m., Army, Marine Corps, and Navy; that struction of facilities and structures to im- to conduct a hearing. the nominations be confirmed; that the prove those conditions, and for other pur- COMMITTEE ON ENERGY AND NATURAL motions to reconsider be considered poses. RESOURCES made and laid upon the table with no SA 905. Mr. MCCONNELL (for Mr. HOEVEN) proposed an amendment to the bill S. 212, to The Committee on Energy and Nat- intervening action or debate; that no amend the Native American Business Devel- ural Resources is authorized to meet further motions be in order; that any opment, Trade Promotion, and Tourism Act during the session of the Senate on statements related to the nominations of 2000, the Buy Indian Act, and the Native Thursday, June 27, 2019, at 10 a.m., to be printed in the RECORD; and that the American Programs Act of 1974 to provide in- conduct a hearing. President be immediately notified of dustry and economic development opportuni- COMMITTEE ON THE JUDICIARY the Senate’s action and the Senate ties to Indian communities. The Committee on the Judiciary is then resume legislative session. f authorized to meet during the session The PRESIDING OFFICER. Without TEXT OF AMENDMENTS of the Senate on Thursday, June 27, objection, it is so ordered. 2019, at 2:15 p.m., to conduct a hearing The nominations, considered and SA 904. Mr. MCCONNELL (for Mr. on the following nominations: Peter confirmed, are as follows: HOEVEN) proposed an amendment to IN THE NAVY the bill S. 50, to authorize the Sec- Joseph Phipps, to be United States Cir- cuit Judge for the Third Circuit, The following named officer for appoint- retary of the Interior to assess sanita- ment in the United States Navy Reserve to tion and safety conditions at Bureau of Charles R. Eskridge III, to be United States District Judge for the Southern the grade indicated under title 10, U.S.C., Indian Affairs facilities that were con- section 12203: District of Texas, William Shaw Stick- structed to provide affected Columbia To be rear admiral River Treaty tribes access to tradi- man IV, to be United States District Judge for the Western District of Penn- Rear Adm. (lh) Gene F. Price tional fishing grounds and expend The following named officers for appoint- funds on construction of facilities and sylvania, Jennifer Philpott Wilson, to be United States District Judge for the ment in the United States Navy Reserve to structures to improve those conditions, the grade indicated under title 10, U.S.C., and for other purposes; as follows: Middle District of Pennsylvania, and section 12203: Wilmer Ocasio, to be United States On page 3, line 23, strike ‘‘such sums as are To be rear admiral necessary’’ and insert ‘‘$11,000,000 for the pe- Marshal for the District of Puerto Rico, Department of Justice. Rear Adm. (lh) Shawn E. Duane riod of fiscal years 2020 through 2025’’. Rear Adm. (lh) Scott D. Jones SELECT COMMITTEE ON INTELLIGENCE Rear Adm. (lh) John B. Mustin SA 905. Mr. MCCONNELL (for Mr. The Select Committee on Intel- Rear Adm. (lh) John A. Schommer HOEVEN) proposed an amendment to ligence is authorized to meet during The following named officer for appoint- the bill S. 212, to amend the Native the session of the Senate on Thursday, ment in the United States Navy Reserve to American Business Development, June 27, 2019, at 2 p.m., to conduct a the grade indicated under title 10, U.S.C., Trade Promotion, and Tourism Act of closed hearing. section 12203: 2000, the Buy Indian Act, and the Na- Mr. MORAN. Mr. President, I ask To be rear admiral tive American Programs Act of 1974 to unanimous consent that Jake Vance Rear Adm. (lh) Alan J. Reyes provide industry and economic devel- and James Schmidt, legislative cor- The following named officer for appoint- opment opportunities to Indian com- respondents in my office, be granted ment in the United States Navy Reserve to munities; as follows: floor privileges for the remainder of the grade indicated under title 10, U.S.C., On page 12, line 16, insert ‘‘the extent to the day. section 12203: which the programs and services overlap or The PRESIDING OFFICER. Without To be rear admiral are duplicative,’’ after ‘‘development,’’. objection, it is so ordered. Rear Adm. (lh) Troy M. McClelland f f IN THE ARMY NOTICE OF INTENT TO OBJECT TO The following named officer for appoint- PRIVILEGES OF THE FLOOR ment in the United States Army to the grade PROCEEDING Mr. BLUMENTHAL. Mr. President, I indicated while assigned to a position of im- I, Senator JACKY ROSEN, intend to ask unanimous consent that my de- portance and responsibility under title 10, U.S.C., section 601: object to proceeding to the nomination fense fellow, Joshua Culver, be granted of Troy D. Edgar, of California, to be floor privileges for the length of the To be lieutenant general Chief Financial Officer, Department of current debate on the NDAA. Maj. Gen. Charles A. Flynn Homeland Security, dated June 27, The PRESIDING OFFICER. Without IN THE NAVY 2019. objection, it is so ordered. The following named officer for appoint- I, Senator JACKY ROSEN, intend to Mr. BROWN. Mr. President, I ask ment in the Navy Reserve to the grade indi- object to proceeding to the nomination unanimous consent that the following cated under title 10, U.S.C., section 12203: of Chad F. Wolf, of Virginia, to be members of my staff from Ohio and To be rear admiral (lower half) Under Secretary for Strategy, Policy, Washington be granted floor privileges Capt. Mark E. Moritz and Plans, Department of Homeland for the remainder of the day: Diana The following named officer for appoint- Security, dated June 27, 2019. Baron, Mary Topolinski, Shilesha Bam- ment in the Navy Reserve to the grade indi- f berg, Alea Brown, John Patterson, Joe cated under title 10, U.S.C., section 12203: Gilligan, Ann Longsworth Orr, and To be rear admiral (lower half) AUTHORITY FOR COMMITTEES TO John Ryan. Capt. Christopher A. Asselta MEET The PRESIDING OFFICER. Without The following named officer for appoint- Mr. MCCONNELL. Mr. President, I objection, it is so ordered. ment in the Navy Reserve to the grade indi- have 4 requests for committees to meet The PRESIDING OFFICER. The ma- cated under title 10, U.S.C., section 12203: during today’s session of the Senate. jority leader is recognized. To be rear admiral (lower half) They have the approval of the Majority f Capt. Michael T. Curran and Minority leaders. The following named officer for appoint- Pursuant to rule XXVI, paragraph EXECUTIVE SESSION ment in the Navy Reserve to the grade indi- 5(a), of the Standing Rules of the Sen- cated under title 10, U.S.C., section 12203: ate, the following committees are au- To be rear admiral (lower half) thorized to meet during today’s session EXECUTIVE CALENDAR Capt. Leslie E. Reardanz, III of the Senate: Mr. MCCONNELL. Mr. President, I The following named officers for appoint- COMMITTEE ON BANKING, HOUSING, AND URBAN ask unanimous consent that the Sen- ment in the Navy Reserve to the grade indi- AFFAIRS ate proceed to executive session for the cated under title 10, U.S.C., section 12203: The Committee on Banking, Housing, consideration of Calendar Nos. 300 To be rear admiral (lower half) and Urban Affairs is authorized to through 325 and all nominations on the Capt. Kenneth R. Blackmon meet during the session of the Senate Secretary’s desk in the Air Force, Capt. Robert C. Nowakowski

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.049 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4640 CONGRESSIONAL RECORD — SENATE June 27, 2019 Capt. Thomas S. Wall indicated while assigned to a position of im- ASAD U. QAMAR, which nominations were Capt. Larry D. Watkins portance and responsibility under title 10, received by the Senate and appeared in the The following named officers for appoint- U.S.C., section 601: Congressional Record of May 23, 2019. ment in the Navy Reserve to the grade indi- To be lieutenant general PN842 AIR FORCE nominations (2) begin- ning JASON A. KOSKINEN, and ending cated under title 10, U.S.C., section 12203: Lt. Gen. Eric P. Wendt To be rear admiral (lower half) ROBIN T. BINGHAM, which nominations The following named Army National Guard were received by the Senate and appeared in Capt. Scott K. Fuller of the United States officer for appointment the Congressional Record of June 5, 2019. Capt. Michael J. Steffen in the Reserve of the Army to the grade indi- IN THE ARMY The following named officer for appoint- cated under title 10, U.S.C., sections 12203 PN431 ARMY nominations (15) beginning ment in the Navy Reserve to the grade indi- and 12211: JASON BULLOCK, and ending DEMETRES cated under title 10, U.S.C., section 12203: To be major general WILLIAMS, which nominations were re- To be rear admiral (lower half) Brig. Gen. Michael R. Berry ceived by the Senate and appeared in the Capt. Paula D. Dunn The following named officer for appoint- Congressional Record of February 25, 2019. The following named officer for appoint- ment to the grade indicated in the United PN432 ARMY nominations (75) beginning ment in the Navy Reserve to the grade indi- States Army under title 10, U.S.C., section JULIE A. AKE, and ending D013176, which cated under title 10, U.S.C., section 12203: 624: nominations were received by the Senate and appeared in the Congressional Record of Feb- To be rear admiral (lower half) To be major general ruary 25, 2019. Capt. Pamela C. Miller Brig. Gen. Michel M. Russell, Sr. PN534 ARMY nomination of Shane R. IN THE AIR FORCE The following named Army National Guard Reeves, which was received by the Senate The following named officer for appoint- of the United States officers for appointment and appeared in the Congressional Record of ment in the United States Air Force to the in the Reserve of the Army to the grade indi- March 26, 2019. grade indicated while assigned to a position cated under title 10, U.S.C., sections 12203 PN659 ARMY nominations (19) beginning of importance and responsibility under title and 12211: ALWYNMICHAEL S. ALBANO, and ending 10, U.S.C., section 601: To be major general STANTON D. TROTTER, which nominations To be general were received by the Senate and appeared in Brig. Gen. Joseph L. Biehler Gen. John W. Raymond the Congressional Record of April 29, 2019. Brig. Gen. William B. Blaylock, II PN663 ARMY nominations (167) beginning IN THE ARMY Brig. Gen. Thomas R. Bouchard JASON B. ALISANGCO, and ending D014026, The following named officer for appoint- Brig. Gen. Paul B. Chauncey, III which nominations were received by the Sen- ment in the United States Army to the grade Brig. Gen. Johanna P. Clyborne ate and appeared in the Congressional indicated while assigned to a position of im- Brig. Gen. William J. Edwards Record of April 29, 2019. portance and responsibility under title 10, Brig. Gen. Lee M. Ellis PN664 ARMY nominations (28) beginning U.S.C., section 601: Brig. Gen. Pablo Estrada, Jr. MICHAEL M. ARMSTRONG, and ending To be general Brig. Gen. Lapthe C. Flora MIAO X. ZHOU, which nominations were re- Lt. Gen. Paul J. LaCamera Brig. Gen. Troy D. Galloway ceived by the Senate and appeared in the Brig. Gen. Lee W. Hopkins The following named officer for appoint- Congressional Record of April 29, 2019. Brig. Gen. Marvin T. Hunt PN734 ARMY nominations (3) beginning ment in the United States Army to the grade Brig. Gen. Mark C. Jackson GLENN N. JUMAN, and ending RUSSELL T. indicated while assigned to a position of im- Brig. Gen. Richard F. Johnson MCNEAR, which nominations were received portance and responsibility under title 10, Brig. Gen. Tim C. Lawson by the Senate and appeared in the Congres- U.S.C., section 601: Brig. Gen. Kevin D. Lyons sional Record of May 13, 2019. To be lieutenant general Brig. Gen. Michael A. Mitchell PN736 ARMY nomination of Carmen Y. Maj. Gen. Michael E. Kurilla Brig. Gen. Michel A. Natali Salcedo, which was received by the Senate IN THE NAVY Brig. Gen. Chad J. Parker and appeared in the Congressional Record of The following named officer for appoint- Brig. Gen. Gregory C. Porter May 13, 2019. ment in the United States Navy to the grade Brig. Gen. Jeffrey D. Smiley PN737 ARMY nominations (2) beginning indicated while assigned to a position of im- Brig. Gen. David N. Vesper RUSSELL F. DUBOSE, and ending TIM- portance and responsibility under title 10, IN THE NAVY OTHY D. FORREST, which nominations U.S.C., section 601: were received by the Senate and appeared in The following named officer for appoint- the Congressional Record of May 13, 2019. To be vice admiral ment in the United States Navy Reserve to PN804 ARMY nominations (33) beginning Rear Adm. Ricky L. Williamson the grade indicated under title 10, U.S.C., MICHAEL J. BALLARD, and ending D015102, The following named officer for appoint- section 12203: which nominations were received by the Sen- ment in the United States Navy to the grade To be rear admiral (lower half) ate and appeared in the Congressional indicated under title 10, U.S.C., section 624: Capt. Huan T. Nguyen Record of May 23, 2019. PN805 ARMY nomination of Andre L. To be rear admiral (lower half) NOMINATIONS PLACED ON THE SECRETARY’S Thomas, which was received by the Senate Capt. Philip W. Yu DESK and appeared in the Congressional Record of IN THE AIR FORCE IN THE AIR FORCE May 23, 2019. The following named Air National Guard of PN426 AIR FORCE nominations (43) begin- PN806 ARMY nomination of D013839, which the United States officer for appointment in ning THOMAS JOSEPH ALFORD, and end- was received by the Senate and appeared in the Reserve of the Air Force to the grade in- ing GABRIEL MATTHEW YOUNG, which the Congressional Record of May 23, 2019. dicated under title 10, U.S.C., sections 12203 nominations were received by the Senate and PN807 ARMY nomination of Christopher B. and 12212: appeared in the Congressional Record of Feb- Nettles, which was received by the Senate To be brigadier general ruary 25, 2019. and appeared in the Congressional Record of Col. Arthur P. Wunder PN651 AIR FORCE nominations (16) begin- May 23, 2019. ning ELBERT R. ALFORD, IV, and ending PN808 ARMY nominations (490) beginning IN THE ARMY TRACIE L. SWINGLE, which nominations EDWARD C. ADAMS, and ending G010558, The following named officer for appoint- were received by the Senate and appeared in which nominations were received by the Sen- ment to the grade indicated in the United the Congressional Record of April 29, 2019. ate and appeared in the Congressional States Army as a Chaplain under title 10, PN731 AIR FORCE nomination of Cath- Record of May 23, 2019. U.S.C., sections 624 and 7064: erine M. Tolvo, which was received by the PN809 ARMY nominations (419) beginning To be brigadier general Senate and appeared in the Congressional CHARLES M. ABEYAWARDENA, and ending Col. William Green, Jr. Record of May 13, 2019. G010449, which nominations were received by the Senate and appeared in the Congres- IN THE NAVY PN732 AIR FORCE nominations (2) begin- sional Record of May 23, The following named officer for appoint- ning CHRISTIAN F. COOPER, and ending RYAN E. SNYDER, which nominations were PN810 ARMY nominations (308) beginning ment in the United States Navy to the grade JOHN R. ABELLA, and ending D014810, indicated while assigned to a position of im- received by the Senate and appeared in the Congressional Record of May 13, 2019. which nominations were received by the Sen- portance and responsibility under title 10, ate and appeared in the Congressional U.S.C., section 601: PN733 AIR FORCE nominations (9) begin- ning KEITH A. BERRY, and ending STEVEN Record of May 23, 2019. To be vice admiral P. ROGERS, which nominations were re- IN THE MARINE CORPS Vice Adm. Phillip G. Sawyer ceived by the Senate and appeared in the PN323 MARINE CORPS nomination of IN THE ARMY Congressional Record of May 13, 2019. Shawn E. McGowan, which was received by The following named officer for appoint- PN803 AIR FORCE nominations (2) begin- the Senate and appeared in the Congres- ment in the United States Army to the grade ning HASSAN N. BATAYNEH, and ending sional Record of January 24, 2019.

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.066 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4641 PN324 MARINE CORPS nomination of Mi- by the Senate and appeared in the Congres- PN758 NAVY nominations (5) beginning chael R. Lukkes, which was received by the sional Record of May 13, 2019. ANTHONY L. LACOURSE, and ending Senate and appeared in the Congressional PN741 NAVY nominations (5) beginning SHANNON C. ZAHUMENSKY, which nomi- Record of January 24, 2019. MICHAELE. HALL, and ending DARREN L. nations were received by the Senate and ap- PN327 MARINE CORPS nomination of STENNETT, which nominations were re- peared in the Congressional Record of May James Y. Malone, which was received by the ceived by the Senate and appeared in the 13, 2019. Senate and appeared in the Congressional Congressional Record of May 13, 2019. PN759 NAVY nominations (2) beginning Record of January 24, 2019. PN742 NAVY nominations (24) beginning SCOTT A. HIGGINS, and ending PEIHUA IN THE NAVY LILLIAN A. ABUAN, and ending CHARLES KU, which nominations were received by the M. TELLIS, which nominations were re- Senate and appeared in the Congressional PN676 NAVY nominations (12) beginning ceived by the Senate and appeared in the Record of May 13, 2019. MATTHEW P. BEARE, and ending KEITH A. Congressional Record of May 13, 2019. PN760 NAVY nominations (17) beginning TUKES, which nominations were received by PN743 NAVY nominations (16) beginning NATHANIEL A. BAILEY, and ending LEON- the Senate and appeared in the Congres- VIRGINIA S. BLACKMAN, and ending ABI- ARD N. WALKER, IV, which nominations sional Record of April 29, 2019. GAIL M. YABLONSKY, which nominations were received by the Senate and appeared in PN677 NAVY nominations (27) beginning were received by the Senate and appeared in the Congressional Record of May 13, 2019. RICHARD L. BOSWORTH, and ending MAT- the Congressional Record of May 13, 2019. PN761 NAVY nominations (8) beginning THEW C. YOUNG, which nominations were PN744 NAVY nominations (11) beginning DAVID K. BOYLAN, and ending NED L. received by the Senate and appeared in the BRIAN J. ELLIS, JR., and ending SWANSON, which nominations were received Congressional Record of April 29, 2019. SYLVAINE W. WONG, which nominations by the Senate and appeared in the Congres- PN678 NAVY nominations (13) beginning were received by the Senate and appeared in sional Record of May 13, 2019. LANE C. ASKEW, and ending DONALD V. the Congressional Record of May 13, 2019. PN762 NAVY nominations (2) beginning WILSON, which nominations were received PN745 NAVY nominations (30) beginning ONOFRIO P. MARGIONI, and ending KURT by the Senate and appeared in the Congres- ZIAD T. ABOONA, and ending LISA A. D. WILLIAMS, which nominations were re- sional Record of April 29, 2019. WHITE, which nominations were received by ceived by the Senate and appeared in the PN679 NAVY nominations (10) beginning the Senate and appeared in the Congres- Congressional Record of May 13, 2019. MARK A. ANGELO, and ending GREGORY sional Record of May 13, 2019. PN763 NAVY nominations (4) beginning E. SUTTON, which nominations were re- PN746 NAVY nominations (75) beginning DAVID L. BACHELOR, and ending THOMAS ceived by the Senate and appeared in the RUBEN D. ACOSTA, and ending LUKE A. J. TAYLOR, which nominations were re- Congressional Record of April 29, 2019. ZABROCKI, which nominations were re- ceived by the Senate and appeared in the PN680 NAVY nominations (17) beginning ceived by the Senate and appeared in the Congressional Record of May 13, 2019. REX A. BOONYOBHAS, and ending SARAH Congressional Record of May 13, 2019. PN764 NAVY nominations (3) beginning E. ZARRO, which nominations were received PN747 NAVY nominations (18) beginning ANDREW M. COOK, and ending DENIZ M. by the Senate and appeared in the Congres- DAVID L. BELL, JR., and ending HAROLD PISKIN, which nominations were received by sional Record of April 29, 2019. S. ZALD, which nominations were received the Senate and appeared in the Congres- PN681 NAVY nominations (3) beginning by the Senate and appeared in the Congres- sional Record of May 13, 2019. SCOTT DRAYTON, and ending THOMAS R. sional Record of May 13, 2019. PN765 NAVY nomination of Christina M. WAGENER, which nominations were re- PN748 NAVY nominations (8) beginning Allee, which was received by the Senate and ceived by the Senate and appeared in the WILLIAM R. BUTLER, and ending OMARR appeared in the Congressional Record of May Congressional Record of April 29, 2019. E. TOBIAS, which nominations were re- 13, 2019. PN682 NAVY nominations (11) beginning ceived by the Senate and appeared in the PN766 NAVY nomination of David A. KEITH ARCHIBALD, and ending DAVID C. Congressional Record of May 13, 2019. Schubkegel, which was received by the Sen- WEBBER, which nominations were received PN749 NAVY nominations (5) beginning ate and appeared in the Congressional by the Senate and appeared in the Congres- BRIAN J. HALL, and ending PHILLIP E. Record of May 13, 2019. sional Record of April 29, 2019. SMITH, which nominations were received by PN767 NAVY nomination of Jon B. PN683 NAVY nominations (241) beginning the Senate and appeared in the Congres- Voigtlander, which was received by the Sen- MITCHELL W. ALBIN, and ending TODD D. sional Record of May 13, 2019. ate and appeared in the Congressional ZENTNER, which nominations were received PN750 NAVY nominations (3) beginning Record of May 13, 2019. PN768 NAVY nominations (4) beginning by the Senate and appeared in the Congres- ESTHER A. BOPP, and ending ROBERTA S. REBEKAH R. JOHNSON, and ending ROB- sional Record of April 29, 2019. TAYLOR, which nominations were received ERTS. THOMS, which nominations were re- PN684 NAVY nominations (15) beginning by the Senate and appeared in the Congres- ceived by the Senate and appeared in the ADRIAN Z. BEJAR, and ending ROBERT A. sional Record of May 13, 2019. WOODRUFF, III, which nominations were re- PN751 NAVY nominations (3) beginning Congressional Record of May 13, 2019. PN769 NAVY nominations (11) beginning ceived by the Senate and appeared in the FRECHELL I. LEACHMAN, and ending LEE MATTHEW A. BUCH, and ending TROY J. Congressional Record of April 29, 2019. V. K. STUART, which nominations were re- SHERRILL, which nominations were re- PN685 NAVY nominations (5) beginning ceived by the Senate and appeared in the ceived by the Senate and appeared in the ERIN E. O. ACOSTA, and ending CHRISTI S. Congressional Record of May 13, 2019. MONTGOMERY, which nominations were re- Congressional Record of May 13, 2019. PN752 NAVY nominations (15) beginning PN811 NAVY nomination of Meger D. ceived by the Senate and appeared in the JEREMY T. CASELLA, and ending JOSEPH Chappell, which was received by the Senate Congressional Record of April 29, 2019. M. ZACK, which nominations were received and appeared in the Congressional Record of PN686 NAVY nominations (10) beginning by the Senate and appeared in the Congres- May 23, 2019. DERECK C. BROWN, and ending SHERRY W. sional Record of May 13, 2019. PN812 NAVY nomination of Ryan D. WANGWHITE, which nominations were re- PN753 NAVY nominations (94) beginning Scully, which was received by the Senate ceived by the Senate and appeared in the FREDERICK G. ALEGRE, and ending KEN- and appeared in the Congressional Record of Congressional Record of April 29, 2019. NETH B. WOOSTER, which nominations May 23, 2019. PN687 NAVY nominations (4) beginning were received by the Senate and appeared in PN813 NAVY nomination of Brandon T. WILLIAM H. CLINTON, and ending SARAH the Congressional Record of May 13, 2019. Bridges, which was received by the Senate T. SELFKYLER, which nominations were re- PN754 NAVY nominations (4) beginning and appeared in the Congressional Record of ceived by the Senate and appeared in the MIGUEL A. CASTELLANOS, and ending May 23, 2019. Congressional Record of April 29, 2019. KEVIN A. SCHNITTKER, which nominations PN814 NAVY nomination of Mark S. PN688 NAVY nominations (6) beginning were received by the Senate and appeared in Javate, which was received by the Senate JAMES M. BELMONT, and ending JON M. the Congressional Record of May 13, 2019. and appeared in the Congressional Record of HERSEY, which nominations were received PN755 NAVY nominations (2) beginning May 23, 2019. by the Senate and appeared in the Congres- CHARLOTTE A. BROWNING, and ending PN815 NAVY nomination of Chandler W. sional Record of April 29, 2019. RACHEL H. WADEBROWN, which nomina- Jones, which was received by the Senate and PN738 NAVY nominations (2) beginning tions were received by the Senate and ap- appeared in the Congressional Record of May MICHAEL R. BRUNEAU, and ending HANS peared in the Congressional Record of May 23, 2019. L. HOLKON, which nominations were re- 13, 2019. PN816 NAVY nomination of Justin R. Tay- ceived by the Senate and appeared in the PN756 NAVY nominations (16) beginning lor, which was received by the Senate and Congressional Record of May 13, 2019. JULIE M. BARR, and ending JACOB S. appeared in the Congressional Record of May PN739 NAVY nominations (5) beginning WIEMANN, which nominations were received 23, 2019. MICHAEL C. CABASSA, and ending ALLAN by the Senate and appeared in the Congres- PN817 NAVY nominations (12) beginning J. SANDOR, which nominations were re- sional Record of May 13, 2019. KRISTINE N. BENCH, and ending DAVID A. ceived by the Senate and appeared in the PN757 NAVY nominations (8) beginning ZIEMBA, which nominations were received Congressional Record of May 13, 2019. LIAM M. APOSTOL, and ending ANN M. by the Senate and appeared in the Congres- PN740 NAVY nominations (14) beginning VALLANDINGHAM, which nominations sional Record of May 23, 2019. ERIN G. ADAMS, and ending IAN L. were received by the Senate and appeared in PN818 NAVY nominations (25) beginning VALERIO, which nominations were received the Congressional Record of May 13, 2019. DIEGO F. ALVARADO, and ending JARED

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.068 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4642 CONGRESSIONAL RECORD — SENATE June 27, 2019 M. WILHELM, which nominations were re- ate proceed to executive session for the EXECUTIVE CALENDAR ceived by the Senate and appeared in the consideration of the following nomina- Mr. MCCONNELL. Mr. President, I Congressional Record of May 23, 2019. tion: Executive Calendar No. 295. PN819 NAVY nominations (8) beginning ask unanimous consent that the Sen- ANTHONY J. FALVO, IV, and ending BRIAN The PRESIDING OFFICER. Is there ate proceed to the consideration of the T. WIERZBICKI, which nominations were re- objection? following nomination: Executive Cal- Without objection, it is so ordered. ceived by the Senate and appeared in the endar No. 113. The clerk will report the nomination. Congressional Record of May 23, 2019. The PRESIDING OFFICER. Is there PN820 NAVY nominations (10) beginning The legislative clerk read the nomi- BECKY L. BUJAKI, and ending NICHOLAS nation of Christopher Scolese, of New objection? Without objection, it is so ordered. T. WALKER, which nominations were re- York, to be Director of the National The clerk will report the nomination. ceived by the Senate and appeared in the Reconnaissance Office. (New Position) Congressional Record of May 23, 2019. The legislative clerk read the nomi- PN821 NAVY nominations (16) beginning Thereupon, the Senate proceeded to consider the nomination. nation of Veronica Daigle, of Virginia, ALBERT E. ARNOLD, IV, and ending to be an Assistant Secretary of De- JAMES F. WRIGHTSON, JR., which nomina- Mr. MCCONNELL. Mr. President, I tions were received by the Senate and ap- ask unanimous consent that the Sen- fense. peared in the Congressional Record of May ate vote on the nomination with no in- There being no objection, the Senate 23, 2019. tervening action or debate; that if con- proceeded to consider the nomination. PN822 NAVY nominations (27) beginning Mr. MCCONNELL. I ask unanimous BRIAN J. BANAZWSKI, and ending EVAN B. firmed, the motion to reconsider be considered made and laid upon the consent that the Senate vote on the WILLIAMS, which nominations were re- nomination with no intervening action ceived by the Senate and appeared in the table; that the President be imme- or debate; that if confirmed, the mo- Congressional Record of May 23, 2019. diately notified of the Senate’s action; PN823 NAVY nominations (20) beginning that no further motions be in order; tion to reconsider be considered made SHANEL. BEAVERS, and ending JOHN J. and that any statements relating to and laid upon the table; that the Presi- WILLIAMS, which nominations were re- the nomination be printed in the dent be immediately notified of the ceived by the Senate and appeared in the Senate’s action; that no further mo- RECORD. Congressional Record of May 23, 2019. tions be in order; and that any state- PN824 NAVY nominations (2) beginning The PRESIDING OFFICER. Is there LEVI DESJARLAIS, and ending ANTHONY objection? ments relating to the nomination be R. MURPHY, which nominations were re- Without objection, it is so ordered. printed in the RECORD. ceived by the Senate and appeared in the The question is, Will the Senate ad- The PRESIDING OFFICER. Is there Congressional Record of May 23, 2019. vise and consent to the Scolese nomi- objection? PN825 NAVY nomination of Meera nation? Without objection, it is so ordered. Cheerharan, which was received by the Sen- The nomination was confirmed. The question is, Will the Senate ad- ate and appeared in the Congressional vise and consent to the Daigle nomina- Record of May 23, 2019. f tion? PN826 NAVY nomination of Selina D. EXECUTIVE CALENDAR Bandy, which was received by the Senate and The nomination was confirmed. appeared in the Congressional Record of May Mr. MCCONNELL. Mr. President, I f 23, 2019. ask unanimous consent that the Sen- EXECUTIVE CALENDAR PN827 NAVY nominations (45) beginning ate proceed to the consideration of the ROBERT W. BOASE, and ending WALTER J. following nominations: Executive Cal- Mr. MCCONNELL. Mr. President, I ZAPF, III, which nominations were received endar Nos. 330, 331, and 332. ask unanimous consent that the Sen- by the Senate and appeared in the Congres- ate proceed to the consideration of the sional Record of May 23, 2019. The PRESIDING OFFICER. Is there PN828 NAVY nominations (49) beginning objection? following nomination: Executive Cal- MATE W. AERANDIR, and ending REBECCA Without objection, it is so ordered. endar No. 342. L. YOUNG, which nominations were received The clerk will report the nomina- The PRESIDING OFFICER. Is there by the Senate and appeared in the Congres- tions en bloc. objection? sional Record of May 23, 2019. The legislative clerk read the nomi- Without objection, it is so ordered. PN829 NAVY nominations (34) beginning nations of Gary B. Burman, of Ken- The clerk will report the nomination. HANNAH L. BEALON, and ending BILLY W. YOUNG, which nominations were received by tucky, to be United States Marshal for The legislative clerk read the nomi- the Senate and appeared in the Congres- the Western District of Kentucky for nation of Robert Wallace, of Wyoming, sional Record of May 23, 2019. the term of four years; William D. to be Assistant Secretary for Fish and PN830 NAVY nominations (34) beginning Hyslop, of Washington, to be United Wildlife. BRIELLE L. ADAMOVICH, and ending States Attorney for the Eastern Dis- There being no objection, the Senate CHELSEY L. ZWICKER, which nominations trict of Washington for the term of proceeded to consider the nomination. were received by the Senate and appeared in four years; Randall P. Huff, of Wyo- Mr. MCCONNELL. I ask unanimous the Congressional Record of May 23, 2019. PN831 NAVY nominations (512) beginning ming, to be United States Marshal for consent that the Senate vote on the JOHN I. ACTKINSON, and ending GEORGE the District of Wyoming for the term nomination with no intervening action S. ZINTAK, which nominations were re- of four years. or debate; that if confirmed, the mo- ceived by the Senate and appeared in the Thereupon, the Senate proceeded to tion to reconsider be considered made Congressional Record of May 23, 2019. consider the nominations en bloc. and laid upon the table; that the Presi- PN847 NAVY nomination of MARTIN E. Mr. MCCONNELL. Mr. President, I dent be immediately notified of the ROBERTS, which was received by the Senate and appeared in the Congressional Record of ask unanimous consent that the Sen- Senate’s action; that no further mo- June 5, 2019. ate vote on the nominations with no tions be in order; and that any state- PN848 NAVY nominations (3) beginning intervening action or debate; that if ments relating to the nomination be TODD W. GEYER, and ending ANTHONY J. confirmed, the motions to reconsider printed in the RECORD. SMOLA, which nominations were received by be considered made and laid upon the The PRESIDING OFFICER. Is there the Senate and appeared in the Congres- table; that the President be imme- objection? sional Record of June 5, 2019. diately notified of the Senate’s action; Without objection, it is so ordered. f that no further motions be in order; The question is, Will the Senate ad- LEGISLATIVE SESSION and that any statements relating to vise and consent to the Wallace nomi- The PRESIDING OFFICER. The Sen- the nomination be printed in the nation? ate will now resume legislative session. RECORD. The nomination was confirmed. The PRESIDING OFFICER. Is there f f objection? EXECUTIVE SESSION Without objection, it is so ordered. EXECUTIVE CALENDAR The question is, Will the Senate ad- Mr. MCCONNELL. Mr. President, I vise and consent to the Burman, ask unanimous consent that the Sen- EXECUTIVE CALENDAR Hyslop, and Huff nominations en bloc? ate proceed to the consideration of the Mr. MCCONNELL. Mr. President, I The nominations were confirmed en following nomination: Executive Cal- ask unanimous consent that the Sen- bloc. endar No. 199.

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.070 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4643 The PRESIDING OFFICER. Is there The clerk will report. Without objection, it is so ordered. objection? The legislative clerk read the nomi- The question is, Will the Senate ad- Without objection, it is so ordered. nations of Ronald Douglas Johnson, of vise and consent to the Bamzai, The clerk will report the nomination. Florida, to be Ambassador Extraor- LeBlanc, and Felton nominations? The legislative clerk read the nomi- dinary and Plenipotentiary of the The nominations were confirmed en nation of Aimee Kathryn Jorjani, of United States of America to the Repub- bloc. Wisconsin, to be Chairman of the Advi- lic of El Salvador; and David Michael f sory Council on Historic Preservation Satterfield, of Missouri, a Career Mem- LEGISLATIVE SESSION for a term expiring January 19, 2021. ber of the Senior Foreign Service, There being no objection, the Senate Class of Career Minister, to be Ambas- Mr. MCCONNELL. I move to proceed proceeded to consider the nomination. sador Extraordinary and Pleni- to legislative session. Mr. MCCONNELL. I ask unanimous potentiary of the United States of The PRESIDING OFFICER. The consent that the Senate vote on the America to the Republic of Turkey. question is on agreeing to the motion. nomination with no intervening action There being no objection, the Senate The motion was agreed to. or debate; that if confirmed, the mo- proceeded to consider the nominations f tion to reconsider be considered made en bloc. EXECUTIVE SESSION and laid upon the table; that the Presi- Mr. MCCONNELL. I ask unanimous dent be immediately notified of the consent that the Senate vote on the Senate’s action; that no further mo- nominations with no intervening ac- EXECUTIVE CALENDAR tions be in order; and that any state- tion or debate; that if confirmed, the Mr. MCCONNELL. Mr. President, I ments relating to the nomination be motions to reconsider be considered move to proceed to executive session to printed in the RECORD. made and laid upon the table; that the consider Calendar No. 343. The PRESIDING OFFICER. Is there President be immediately notified of The PRESIDING OFFICER. The objection? the Senate’s action; that no further question is on agreeing to the motion. The PRESIDING OFFICER. Without motions be in order; and that any The motion was agreed to. objection, it is so ordered. statements relating to the nominations The PRESIDING OFFICER. The The question is, Will the Senate ad- be printed in the RECORD. clerk will report the nomination. vise and consent to the Jorjani nomi- The PRESIDING OFFICER. Is there The legislative clerk read the nomi- nation? objection? nation of Daniel Aaron Bress, of Cali- The nomination was confirmed. Without objection, it is so ordered. fornia, to be United States Circuit f The question is, Will the Senate ad- Judge for the Ninth Circuit. vise and consent to the Johnson and CLOTURE MOTION EXECUTIVE CALENDAR Satterfield nominations en bloc? Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I The nominations were confirmed en send a cloture motion to the desk. ask unanimous consent that the Sen- bloc. The PRESIDING OFFICER. The clo- ate proceed to the consideration of the f ture motion having been presented following nomination: Executive Cal- under rule XXII, the Chair directs the EXECUTIVE CALENDAR endar No. 121. clerk to read the motion. The PRESIDING OFFICER. Is there Mr. MCCONNELL. Mr. President, I The legislative clerk read as follows: objection? ask unanimous consent that the Sen- CLOTURE MOTION Without objection, it is so ordered. ate proceed to the en bloc consider- We, the undersigned Senators, in accord- The clerk will report. ation of the following nominations: Ex- ance with the provisions of rule XXII of the The legislative clerk read the nomi- ecutive Calendar Nos. 109, 110, and 360. Standing Rules of the Senate, do hereby nation of Lane Genatowski, of New The PRESIDING OFFICER. Is there move to bring to a close debate on the nomi- York, to be Director of the Advanced objection? nation of Daniel Aaron Bress, of California, Research Projects Agency-Energy, De- Without objection, it is so ordered. to be United States Circuit Judge for the partment of Energy. The clerk will report. Ninth Circuit. The legislative clerk read the nomi- Mitch McConnell, Thom Tillis, Richard There being no objection, the Senate Burr, Richard C. Shelby, Shelley Moore proceeded to consider the nomination. nations of Aditya Bamzai, of Virginia, Capito, Roger F. Wicker, Johnny Isak- Mr. MCCONNELL. I ask unanimous to be a Member of the Privacy and son, David Perdue, Tom Cotton, John consent that the Senate vote on the Civil Liberties Oversight Board for the Thune, Steve Daines, John Boozman, nomination with no intervening action remainder of the term expiring Janu- John Cornyn, Mike Crapo, Pat Roberts, or debate; that if confirmed, the mo- ary 29, 2020; Travis LeBlanc, of Mary- John Hoeven, John Barrasso. tion to reconsider be considered made land, to be a Member of the Privacy f and Civil Liberties Oversight Board for and laid upon the table; that the Presi- LEGISLATIVE SESSION dent be immediately notified of the a term expiring January 29, 2022; and Senate’s action; that no further mo- Edward W. Felten, of New Jersey, to be Mr. MCCONNELL. I move to proceed tions be in order; and that any state- a Member of the Privacy and Civil Lib- to legislative session. ments relating to the nomination be erties Oversight Board for a term ex- The PRESIDING OFFICER. The question is on agreeing to the motion. printed in the RECORD. piring January 29, 2025. (Reappoint- The motion was agreed to. The PRESIDING OFFICER. Is there ment) objection? There being no objection, the Senate f Without objection, it is so ordered. proceeded to consider the nominations EXECUTIVE SESSION The question is, Will the Senate ad- en bloc. vise and consent to the Genatowski Mr. MCCONNELL. I ask unanimous nomination? consent that the Senate vote on the EXECUTIVE CALENDAR The nomination was confirmed. nominations en bloc with no inter- Mr. MCCONNELL. Mr. President, I f vening action or debate; that if con- move to proceed to executive session to firmed, the motions to be reconsidered consider Calendar No. 47. EXECUTIVE CALENDAR be considered made and laid upon the The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I table en bloc; that the President be im- question is on agreeing to the motion. ask unanimous consent that the Sen- mediately notified of the Senate’s ac- The motion was agreed to. ate proceed to consideration of the fol- tion; that no further motions be in The PRESIDING OFFICER. The lowing nominations: Executive Cal- order; and that any statements relat- clerk will report the nomination. endar Nos. 180 and 219. ing to the nominations be printed in The legislative clerk read the nomi- The PRESIDING OFFICER. Is there the RECORD. nation of T. Kent Wetherell II, of Flor- objection? The PRESIDING OFFICER. Is there ida, to be United States District Judge Without objection, it is so ordered. objection? for the Northern District of Florida.

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.062 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4644 CONGRESSIONAL RECORD — SENATE June 27, 2019 CLOTURE MOTION The motion was agreed to. CLOTURE MOTION We, the undersigned Senators, in accord- Mr. MCCONNELL. I send a cloture f motion to the desk. ance with the provisions of rule XXII of the The PRESIDING OFFICER. The clo- EXECUTIVE SESSION Standing Rules of the Senate, do hereby ture motion having been presented move to bring to a close debate on the nomi- nation of Robert L. King, of Kentucky, to be under rule XXII, the Chair directs the EXECUTIVE CALENDAR Assistant Secretary for Postsecondary Edu- clerk to read the motion. cation, Department of Education. The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, I Mitch McConnell, Roger F. Wicker, John CLOTURE MOTION move to proceed to executive session to Barrasso, David Perdue, James E. We, the undersigned Senators, in accord- consider Calendar No. 52. Risch, Mike Crapo, Roy Blunt, Johnny ance with the provisions of rule XXII of the The PRESIDING OFFICER. The Isakson, Shelley Moore Capito, Pat Standing Rules of the Senate, do hereby question is on agreeing to the motion. Roberts, John Cornyn, John Hoeven, move to bring to a close debate on the nomi- Steve Daines, John Boozman, Thom The motion was agreed to. Tillis, Kevin Cramer, Richard Burr. nation of T. Kent Wetherell II, of Florida, to The PRESIDING OFFICER. The be United States District Judge for the clerk will report the nomination. f Northern District of Florida. LEGISLATIVE SESSION Mitch McConnell, Kevin Cramer, Mike The legislative clerk read the nomi- Crapo, Marco Rubio, John Kennedy, nation of J. Nicholas Ranjan, of Penn- Mr. MCCONNELL. I move to proceed Thom Tillis, James M. Inhofe, Rob sylvania, to be United States District to legislative session. Portman, Johnny Isakson, John Thune, Judge for the Western District of Penn- The PRESIDING OFFICER. The John Boozman, Cory Gardner, Steve sylvania. question is on agreeing to the motion. Daines, Richard C. Shelby, at Roberts, CLOTURE MOTION The motion was agreed to. Lindsey Graham, John Hoeven. Mr. MCCONNELL. Mr. President, I f f send a cloture motion to the desk. EXECUTIVE SESSION LEGISLATIVE SESSION The PRESIDING OFFICER. The clo- ture motion having been presented Mr. MCCONNELL. I move to proceed under rule XXII, the Chair directs the EXECUTIVE CALENDAR to legislative session. clerk to read the motion. The PRESIDING OFFICER. The Mr. MCCONNELL. I move to proceed The legislative clerk read as follows: question is on agreeing to the motion. to executive session to consider Cal- The motion was agreed to. CLOTURE MOTION endar No. 103. We, the undersigned Senators, in accord- The PRESIDING OFFICER. The f ance with the provisions of rule XXII of the question is on agreeing to the motion. EXECUTIVE SESSION 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 nation of J. Nicholas Ranjan, of Pennsyl- clerk will report the nomination. EXECUTIVE CALENDAR vania, to be United States District Judge for The legislative clerk read the nomi- the Western District of Pennsylvania. nation of John P. Pallasch, of Ken- Mr. MCCONNELL. Mr. President, I Mitch McConnell, Roy Blunt, John Bar- tucky, to be an Assistant Secretary of move to proceed to executive session to rasso, Pat Roberts, Mike Crapo, John Labor. consider Calendar No. 51. Cornyn, John Thune, Kevin Cramer, The PRESIDING OFFICER. The Roger F. Wicker, John Boozman, John CLOTURE MOTION question is on agreeing to the motion. Hoeven, Thom Tillis, Johnny Isakson, Mr. MCCONNELL. I send a cloture The motion was agreed to. Tim Scott, Mike Braun, Richard Burr, motion to the desk. Lindsey Graham. The PRESIDING OFFICER. The clo- The PRESIDING OFFICER. The ture motion having been presented clerk will report the nomination. f under rule XXII, the Chair directs the The legislative clerk read the nomi- LEGISLATIVE SESSION clerk to read the motion. nation of Damon Ray Leichty, of Indi- The legislative clerk read as follows: ana, to be United States District Judge Mr. MCCONNELL. I move to proceed CLOTURE MOTION for the Northern District of Indiana. to legislative session. The PRESIDING OFFICER. The We, the undersigned Senators, in accord- CLOTURE MOTION question is on agreeing to the motion. ance with the provisions of rule XXII of the Mr. MCCONNELL. I send a cloture The motion was agreed to. Standing Rules of the Senate, do hereby motion to the desk. move to bring to a close debate on the nomi- The PRESIDING OFFICER. The clo- f nation of John P. Pallasch, of Kentucky, to be an Assistant Secretary of Labor. ture motion having been presented EXECUTIVE SESSION under rule XXII, the Chair directs the Mitch McConnell, Roger F. Wicker, John Barrasso, David Perdue, James E. clerk to read the motion. Risch, Mike Crapo, Roy Blunt, Johnny The legislative clerk read as follows: EXECUTIVE CALENDAR Isakson, Richard Burr, Pat Roberts, CLOTURE MOTION John Cornyn, John Hoeven, Steve Mr. MCCONNELL. I move to proceed We, the undersigned Senators, in accord- Daines, John Boozman, Thom Tillis, to executive session to consider Cal- Kevin Cramer, Shelley Moore Capito. ance with the provisions of rule XXII of the endar No. 101. Standing Rules of the Senate, do hereby f move to bring to a close debate on the nomi- The PRESIDING OFFICER. The nation of Damon Ray Leichty, of Indiana, to question is on agreeing to the motion. LEGISLATIVE SESSION be United States District Judge for the The motion was agreed to. Mr. MCCONNELL. I move to proceed Northern District of Indiana. The PRESIDING OFFICER. The to legislative session. Mitch McConnell, Roy Blunt, John Bar- clerk will report the nomination. The PRESIDING OFFICER. The rasso, Pat Roberts, Mike Crapo, John The legislative clerk read the nomi- question is on agreeing to the motion. Cornyn, John Thune, Kevin Cramer, nation of Robert L. King, of Kentucky, The motion was agreed to. Roger F. Wicker, John Boozman, John to be Assistant Secretary for Postsec- Hoeven, Thom Tillis, Johnny Isakson, f ondary Education, Department of Edu- Tim Scott, Mike Braun, Richard Burr, EXECUTIVE SESSION Lindsey Graham. cation. f CLOTURE MOTION Mr. MCCONNELL. Mr. President, I EXECUTIVE CALENDAR LEGISLATIVE SESSION send a cloture motion to the desk. Mr. MCCONNELL. I move to proceed Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The clo- to executive session to consider Cal- move to proceed to legislative session. ture motion having been presented endar No. 13. The PRESIDING OFFICER (Mr. under rule XXII, the Chair directs the The PRESIDING OFFICER. The SCOTT of Florida). The question is on clerk to read the motion. question is on agreeing to the motion. agreeing to the motion. The legislative clerk read as follows: The motion was agreed to.

VerDate Sep 11 2014 07:12 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.066 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4645 The PRESIDING OFFICER. The source Committee—a committee on There are a couple of things I want to clerk will report the nomination. which I currently sit. He has been chief say at the outset. Here is the first. A The legislative clerk read the nomi- of staff for Wyoming Governor Jim lot of people who cover this stuff in the nation of Peter C. Wright, of Michigan, Geringer, and manager of U.S. Govern- news like very simplistic terms. It to be Assistant Administrator, Office ment Relations for the General Elec- makes it easier to write the articles of Solid Waste, Environmental Protec- tric Company. and makes it easier to describe the cir- tion Agency. Rob currently serves as the president cumstances. The terms people like to CLOTURE MOTION of the Upper Green River Conservancy. use are ‘‘hawk,’’ or ‘‘dove,’’ or ‘‘war- Mr. MCCONNELL. Mr. President, I It is the Nation’s first cooperative con- like.’’ I am not in favor of war. I have send a cloture motion to the desk. servation bank. Rob cofounded the actually never advocated for a military The PRESIDING OFFICER. The clo- Upper Green River Conservancy. It pro- attack on Iran, in these circumstances ture motion having been presented tects core sage grouse habitat in the especially. There are a lot of reasons under rule XXII, the Chair directs the ecologically rich and the energy rich for it, but it will take me more than 15 clerk to read the motion. Upper Green River watershed in South- minutes to explain it all. Suffice it to The legislative clerk read as follows: west Wyoming. say, it is certainly not the first or the CLOTURE MOTION He built an innovative partnership of second. ranchers, conservation groups, energy The policy of the United States in We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the companies, investors, and other stake- Iran today is the one I support; that is, Standing Rules of the Senate, do hereby holders. Rob is also the founding mem- crippling economic sanctions that deny move to bring to a close debate on the nomi- ber of the board of the Grand Teton Na- them the money to do the bad things nation of Peter C. Wright, of Michigan, to be tional Park Foundation, a group of they do but also a forced posture that Assistant Administrator, Office of Solid people absolutely working together, we are prepared with enough people Waste, Environmental Protection Agency. committed to the Grand Teton Na- there in the military, so if they do at- Mitch McConnell, Steve Daines, John tional Park. It promotes the park’s tack us, we can defend ourselves. Thune, John Cornyn, James M. Inhofe, cultural, historic, and natural re- I want to say at the outset that I am Pat Roberts, Mike Crapo, Chuck Grass- ley, Richard Burr, John Barrasso, sources. He has also served on the not here today to speak in favor of war Jerry Moran, Roy Blunt, Shelley boards of many organizations dedicated or to call for war but to speak about Moore Capito, John Boozman, Johnny to conserving wildlife and enhancing reality and the situation as we face it Isakson, Thom Tillis, John Hoeven. our national parks. today. f Rob’s nomination passed the Envi- The second thing I want to point to is ronment and Public Works Committee there is this notion out there that LEGISLATIVE SESSION by unanimous vote, and a near-unani- there is some clear-cut constitutional Mr. MCCONNELL. I move to proceed mous reported vote in the Committee limitation on the President when it to legislative session. of Energy and Natural Resources. comes to the use of force in virtually The PRESIDING OFFICER. The Rob Wallace is an outstanding choice every circumstance and that somehow question is on agreeing to the motion. for this position of Assistant Secretary the current President is being enabled The motion was agreed to. for Fish, Wildlife and Parks. He is the by the Members of his party here to do Mr. MCCONNELL. I ask unanimous right person for the job, and I am so whatever he wants. That is just not consent that the mandatory quorum pleased the Senate has now confirmed true. I will explain why in a moment. calls for the cloture motions be waived. his nomination. I want to begin with why we are even The PRESIDING OFFICER. Without I yield the floor. here. It is one of the topics that has objection, it is so ordered. The PRESIDING OFFICER. The Sen- been touched on this week, which I The PRESIDING OFFICER. The Sen- ator from Florida. think deserves a direct response. I ator from Wyoming. f heard a number of Senators who came f to the floor. I watched the debate last SIGNING AUTHORITY night, and there will be another one to- CONFIRMATION OF ROB WALLACE Mr. RUBIO. Mr. President, I ask night within the Democratic Party. Mr. BARRASSO. Mr. President, I unanimous consent that the majority You almost get a sense that what they would like to say just a few words leader, the senior Senator from South are arguing is that Iran was under con- about Rob Wallace, the newly con- Carolina, the junior Senator from trol and wasn’t doing anything wrong firmed Assistant Secretary for Fish, Oklahoma, and the junior Senator from until Donald Trump came along and Wildlife, and Parks at the Department North Carolina be authorized to sign pulled us out of the Iran deal. That is of Interior. duly enrolled bills or joint resolutions just not true. That is patently false. I have known Rob for over 35 years. from June 27 through the July 8. The only thing Iran wasn’t doing is Without question, Rob is the right per- The PRESIDING OFFICER. Without enriching uranium beyond a certain son for the job. Throughout his long objection, it is so ordered. threshold. That is not necessarily a bad and distinguished career, Rob has f thing that they weren’t doing it, but struck the proper balance between that is the only thing that deal cov- wildlife management, habitat manage- IRAN ered. ment, and the use of our public lands. Mr. RUBIO. Mr. President, I am Here is what Iran was still doing. In terms of wildlife conservation, going to try to do this in about 12 min- Iran was still sponsors terrorism. You Rob is way up there in terms of his utes, since I am not sure how many ask, why is it that they sponsor ter- commitment. Rob’s experience and people are left to speak tonight and I rorism? Iran wants to be the dominant leadership in Wyoming and in our Na- know the staff worked hard and we will power in the Middle East, and one of tion’s capital are ideally suited for this be up early tomorrow voting on the the ways they seek to achieve it is to critically important position. pending Udall amendment. That is find all of these groups—Hezbollah, Throughout his 45-year career, Rob what I want to talk about. Shia militias in Iraq and Syria, the has served in a variety of jobs that di- I have watched all week the debate Houthis in Yemen—and empower those rectly relate to the two Federal agen- on some of these topics. I think it is a groups. cies he has been nominated to oversee. really good debate, actually. In some They have an organization called the Rob began his career as a seasonal park ways, I am very pleased the amend- IRGC, which is the real military and ranger in Grand Teton National Park. ment has been offered because it has the real power in Iran. Underneath the Since then, Rob has served in a number given us an opportunity to talk about a IRGC, there is an organization called of positions. He has been Assistant Di- topic I don’t think we have talked the Quds Force, which is their covert rector of the National Park Service, enough about; that is, foreign policy, operations unit led by a guy named chief of staff for Wyoming Senator the security threats before our coun- General Soleimani. He goes around the Malcolm Wallop, staff director for the try, and, in particular, what the role of entire region sponsoring these groups— U.S. Senate Energy and Natural Re- Congress is in all of this. training them and providing weapons.

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.076 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4646 CONGRESSIONAL RECORD — SENATE June 27, 2019 Here is what they hope to do. If they The deal with Iran did nothing on the They were trying to position them- ever get into a conflict, they will use missiles. It gave them more money, selves and accumulate some strength these groups to attack people. Why do and they used some of that money to so they can get into future negotia- they use those groups? No. 1, because build missiles that now have longer tions from a position of strength. The Iran doesn’t have the ability to station ranges. Where Iran, 5 or 10 years ago, only way they think they can do that troops all over the region. No. 2, it had a more limited range of places to is by threatening to attack us and, gives them deniability. They can say: strike, today Iran can strike virtually most interestingly, to attack us with We didn’t attack you. It was the every capital in the Middle East and some level of deniability. You have Houthis or Shia militia. It allows them every base in the region. That is where this tanker out there in the middle of some level of deniability while still in- they were putting this money. the Gulf, which is a huge ocean, and flicting pain. The Trump administration came in suddenly some mines blow up, and you If you want to know what else Iran and said: Let me get this straight. We have journalists and politicians saying, has done using that strategy, it has did a deal with Iran. They get a lot how do we know it was Iran? Who was maimed or killed hundreds of Amer- more money. They use that money to it? It wasn’t the Swedes. It wasn’t the ican service men and women in Iraq. build better missiles, to sponsor ter- Germans. It wasn’t the French. It They didn’t buy all those IEDs that rorism, to conduct cyber attacks, and wasn’t Luxembourg. There is only one were blowing up on Amazon; they the only thing is they can’t enrich ura- organization in that part of the world didn’t order them on eBay. They were nium for a period of time until the deal with the capability to do what hap- built and supplied by the Iranians. goes away? That is not a bad deal for pened—Iran. Everybody knows it. That is who did it. There is no dispute Iran because what they were banking The only reason some countries don’t about that. on is that in 10 years, we would be fo- admit it is because then they would President Obama signed this Iran cused on something else. The world have to do something about it. If you deal. Iran began to get more money would forget, and all of a sudden they are a European country and you want into their treasury because they could would be able to enrich. the Iran deal to come back in place and now engage in certain economic activ- The deal was a fraud. It did nothing you want to save it, you can’t say you ity. What did Iran do with that money? to make Iran less dangerous. The only know Iran put those mines on those Let me tell you what they didn’t do. thing the deal did is slow down their ships. If you say that, you have to pull They didn’t build schools, roads, and enrichment capability, but at no time out of the deal. That is why they bridges. They didn’t reinvest it in their 1 are they less than 1 ⁄2 to 2 years away wouldn’t acknowledge it. economy or their education system. to breaking out to weapons grade. At We have them on video. I heard peo- Iran took the money they were making some point, they would—at least they ple ask how we know those were Ira- from the Iran deal. The Iran deal now retain that very option. nians. This is ridiculous stuff. By the allows them to engage in commerce This idea that somehow Iran wasn’t way, the mines look identical to the that they weren’t allowed to. They doing anything wrong but pulling out ones Iran makes. So they did that. took that extra money, and they used of the deal caused all these tensions is That was their plan, OK? Their plan it to sponsor terrorism—to sponsor just not true. Even with a deal in was to attack us using other forces but Hezbollah in Lebanon. place, Iran was arming and training to have some level of deniability. ‘‘It Today Hezbollah not only has more and equipping all these groups in the was not us.’’ missiles than they had 10 or 15 years region and conducting cyber attacks They also know that there are divi- ago, but their missiles are better than and building these missiles unabated. sions in American politics and that the they were. They could now, theoreti- That is what was going on. Now they President is unpopular in many coun- cally, overwhelm Israel’s defenses with are feeling it. barrages of attacks. They have guid- By the way, today Iran is generating tries. A lot of people around the world ance systems on those missiles now. In a lot less revenue than they were when and in the United States would love fact, they have gotten so much assist- the deal was in place. We are at a point nothing more than to say ‘‘Yes, how do ance from Iran, they don’t even need to now where even Hezbollah is out there we know it was Iran?’’ for different rea- ship these missiles to them anymore. openly saying they have had to cut sons. That is what they were banking They can make them themselves. back. They have budget cuts. They are on, but then they shot down an un- What about the Houthis? The putting out leaflets and things they manned U.S. vehicle, and they admit- Houthis are a group that already ex- posted publicly inside of Lebanon ask- ted it because that would have been isted, but they were only able to make ing people to donate to Hezbollah be- very difficult to deny. That is what the gains they made in Yemen with cause Iran can’t donate as much as really kicked off a lot of this argument Iranian support. You read in the news they used to. They have real fiscal con- that we are now hearing. every day about these missiles and straints. That is not a bad thing. Like- I want everybody to remember, if you drones used by the Houthis to attack wise, with some of these Shia militias go back 3 or 4 weeks, that there were Saudi Arabia. It doesn’t get a lot of and others, it has constrained Iran’s people in the building and people on coverage, but where do you think they ability to operate. television—I saw them—commentators bought these things from? Do you Iran has decided the only way to re- and others—who were basically imply- think they made them? We didn’t sell verse this is to force us back to some ing that this was all not true, that them to them. Those are Iranian mis- negotiation at some point to either, A, there was no threat emanating from siles. All of it is provided by this addi- intimidate us back into the deal or, B, Iran, that it wasn’t doing anything un- tional money they got their hands on. force us to the negotiating table to get usual. Now they are admitting that They also conduct cyber attacks. something like it. How can they do Iran is doing something unusual and Here is the most dangerous part of that? dangerous, but 3 or 4 weeks ago, they the Iran deal. Yes, it dealt with ura- How can Iran position itself with were basically implying that this was nium enrichment and supervision, but some strength in order to get into that all being made up by people who want- it did nothing with the missile system. kind of negotiation? They can’t sanc- ed a war. To have a nuclear threat, you have to tion us economically. The only thing Think that through logically. That do three things; No. 1, have a bomb de- they can do is these terrorist attacks— means there would be dozens and doz- signed, which is the easiest part, be- these sort of attacks that started to ens of career service men and women in lieve it or not; No. 2, have the indus- connect. That is what they are in the the U.S. Armed Forces and in the Pen- trial capacity to enrich uranium to pattern of doing. tagon who would be, basically, lying to weapons grade, and that is just a func- Do you realize, last week, over a pe- us about this. That is absurd. tion of time and willingness. Once you riod of 7 days, every single day there So we get to the point of how this can enrich at any level, you can keep was a Shia militia attack against a really got us here. It wasn’t the deal going. That is what the deal dealt with; U.S. installation? Luckily, nobody with Iran or the pulling out of the deal and the third thing you have to do is died, but that was happening. That is that caused this. This has always been. deliver it. You have to launch it on what they were trying and are trying This is what Iran has always done, and something to reach your target. to do. it has been doing it for two decades

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.080 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4647 now and longer. To somehow act as if a pretty clear attack on the Armed say: Well, it is redundant, and it is al- Iran is more belligerent today than it Forces. If it shoots down one of our un- ready the law. Why not just vote for it was 6 months ago or 6 years ago is just manned, unarmed platforms over inter- again? not true. It is just that the threats national airspace, that is an attack on That is the final and, perhaps, the have become more imminent directly our Armed Forces. If they try to kid- most important point in all of this— against us. nap or murder an ambassador or a dip- that the timing couldn’t really be When you look at this amendment, lomat by attacking our Embassy, that worse. It is not necessary, but the re- the amendment is basically designed to is an attack on a U.S. territory since dundancy here is actually damaging, say that the President cannot enter embassies are sovereign territories. and here is why. into a war unless Congress approves it, If you look at what the administra- I think sometimes we make a terrible which is an interesting dynamic. tion has done, the only thing the ad- mistake in American politics. We as- No. 1, when you hear people saying ministration has done when it has cribe our attributes to those of the you need authority from Congress, come to the use of force is it has made leaders of other countries. When we what they are talking about is the War sure that we have had enough ships and hear that the President of Iran said Powers Resolution. In the aftermath of enough airplanes and enough personnel something, we think Iran’s President Vietnam and that era, Congress said, and enough assets in the Middle East and his system is like ours. They are from now on, we are not getting into so, if we are attacked, we can respond. not. The President of Iran doesn’t have any more of these undeclared wars. If a That is the only thing it has done. one-tenth the power of our President, President is going to commit service I don’t know how you read the plain meaning there is a Supreme Leader, men and women for an extended period text of the language that they are and everything goes to the Supreme of time, it has to come through Con- wrapping themselves around—those Leader, a cleric. That is where the gress. who criticize what the administration power really resides. No President—no administration— has done—and not realize that it is No. 2, we make a terrible mistake of has ever accepted that resolution as fully authorized. If we are attacked, believing that they truly understand being in the Constitution. From that the President doesn’t just have a right us, our systems, and our debates when point forward, every single administra- to respond—he has an obligation. they don’t, especially the Ayatollah. tion—Democrat and Republican—has Think of the reverse. If the Iranians He is not a world traveler nor a con- taken the position that this is an un- were to attack a facility in Iraq and stitutional expert nor a consumer of a constitutional infringement on the murder 100 Americans who would be varied amount of news and information power of the Commander in Chief. That working at an embassy or diplomats or from around the world nor a nuanced has been the official position of every if they were to kill 200 soldiers, the person who understands that this administration, Republican and Demo- first questions that every one of the amendment, for example, is never crat, since that passed. President’s critics would be asking on going to become law. Nonetheless, on various occasions, TV would be: Why didn’t we have Here is what they do believe, and I Presidents have come to Congress for enough forces in the region to protect encourage all Members here to go out authority, which I think is a smart them? Why didn’t we have a plan to and inform themselves as to this. As a thing to do, especially for an extended save them? There would be congres- Senator, one has the opportunity to do engagement, because we are stronger sional hearings, and there would be it. They do believe that this President and our policies are more effective Members of Congress who would cannot respond. They believe that this scream at the administration: Why when Congress and the American peo- President cannot and would not re- didn’t you have people there to save ple are behind you. That is why Presi- spond. They believe that there is a dent George W. Bush sought the au- them? In anticipating that this could hap- threshold—that there are x numbers of thorization for Afghanistan and why he pen, our military leaders, in their look- Americans they can kill and that there sought it for Iraq. It was the right ing at the threats and understanding are certain types of attacks they can thing to do, and it made sense. Yet no the environment, asked the adminis- get away with without getting a re- President has ever admitted that it is tration to send additional forces so sponse back. That is what they believe. constitutional, and I share that view. they may be prepared—to be in a posi- Why do they believe it? For a moment, let’s assume that it No. 1, it is that our President has tion of having enough people and assets talked on various occasions about were. Well, that resolution lays out to respond in case of an attack. three things that must happen before a I will go further than that. withdrawing all Americans from the President, a Commander in Chief, can Imagine the President is given region. So they begin by believing, by commit U.S. forces to a hostility, to a verifiable information that an attack and large, that we don’t even want to war, to a fight. is imminent by Iran or one of its prox- be there. The first thing is that there has to be ies and that the only way to save No. 2, they believe it because they a declaration of war. That is in the American lives is to wipe out the place look at our domestic politics, and they Constitution too. Congress can declare from which it is going to launch the at- say: I have heard the debates, and I war. tack. Even if you acted first, that is watched 5 minutes of CNN or some The second is that Congress can au- self-defense. You are getting ahead of other network the other night, and I thorize the use of force. That is when preventing an attack, not to mention heard people on there who were from you hear all of this talk about the au- the fact that the best way to respond Congress or wherever who told the thorization for use of military force, to an attack is to prevent it from hap- President he can’t do this and can’t do the AUMF. That is what we had in Af- pening in the first place, and having a that. There is no support in America ghanistan, and that is what we had in force posture in the region is one of the for responding, so the President is con- Iraq. That is what a lot of people best ways to do that. That is the only strained in what he is able to do. around here think we need if we are thing that has been done here. Why is that a problem? going to do something with Iraq. This amendment is just not nec- It is because that is where you mis- There is a third component they like essary because, in assuming they are calculate. That is where what they to ignore, and the third component is arguing that the War Powers Resolu- think would trigger a response and that a President can institute U.S. tion makes pretty clear what what will actually trigger a response military action if Congress declares Congress’s power and role are in all of are two very different things. war, if Congress authorizes the use of this, in the very text of that resolu- If this thing were to pass—and I force, or, No. 3, if there is an emer- tion, it makes clear that a President know there are still a couple of people gency that causes us to respond to an has a right to introduce military forces who are thinking about voting for it— attack against the United States, our and to use military force to defend this would not be reported as an territories, our holdings, or our Armed Americans, to defend America, and to amendment that had passed on a bill Forces. defend our Armed Forces. but that was never going to become I want to tell you that if a Shia mili- So why do we need language that law because it was never going to get tia attacks a U.S. base in Iraq, this is says that a second time? Some would signed with that in there. That is not

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We are postured for defensive standing the upcoming adjournment of there were a close vote on it, as I an- operations and retaliatory strikes to the Senate, the President of the Sen- ticipate there will be, the way it would an attack, and that is what the admin- ate, the President pro tempore, and the be reported would be as ‘‘even a hand- istration says it intends to do. majority and minority leaders be au- ful of Republicans and virtually every What it intends to do is to continue thorized to make appointments to Democrat voted to send the President a forward, strangling the sources of fi- Commissions, Committees, Boards, message of ‘we don’t want you using nancing that the Iranian regime is Conferences, or Interparliamentary Armed Forces in wars against Iran.’ ’’ using to sponsor terrorism and its bal- Conferences authorized by law, by con- That is how it would be reported. That listic missile program and having current action of the two houses, or by is how they would read it. It would enough force in the region to protect order of the Senate. only reinforce this belief among some our men and women who serve us if The PRESIDING OFFICER. Without in that regime that they can go further they were to come under attack. The objection, it is so ordered. than they actually can. President is allowed to do that in the f I don’t mean to say this to argue that Constitution and in the War Powers there are Members of this body here Resolution. EXTENDING THE PROGRAM OF who are deliberately putting the men All this amendment does is create a BLOCK GRANTS TO STATES FOR and women of our Armed Forces in dangerous opportunity to be misread TEMPORARY ASSISTANCE FOR danger. I am telling them I don’t know and to cause Iran to do something, and NEEDY FAMILIES AND RELATED if they have thought through that part that will trigger a response. Then we PROGRAMS THROUGH SEP- of it. What we do here and how it is will have a war. For those who are con- TEMBER 30, 2019 perceived in other parts of the world, sidering still voting for this because Mr. MCCONNELL. Mr. President, I especially in a reclusive organization they want to reassert Congress’s role, ask unanimous consent that the Sen- such as the regime in Iran, are often this is the wrong time and place in ate proceed to the immediate consider- two very different things. which to do it. ation of H.R. 2940. The danger with this amendment is I will close with this. I don’t agree The PRESIDING OFFICER. The that it is going to confirm to several with all of the President’s foreign pol- clerk will report the bill by title. hard-liners in that regime that the icy views. I can tell you, for example, The bill clerk read as follows: that I do believe that openly talking President is constrained, that Amer- A bill (H.R. 2940) to extend the program of ica’s President will not be able to re- about getting out of the Middle East as block grants to States for temporary assist- spond, and that they will be able to get soon as possible has emboldened some ance for needy families and related programs away with more than they actually of this thinking that America is con- through September 30, 2019. will get away with. strained and that we really don’t have There being no objection, the Senate In some ways, ironically, I believe the dedication or the commitment to proceeded to consider the bill. that even a big vote on this—but, cer- see this through if we are attacked. Mr. MCCONNELL. Mr. President, I tainly, the passage of it—increases the Yet, in fairness, this President is far ask unanimous consent that the bill be chance of war. I say that because, if less likely to get into a war or to start considered read a third time. they miscalculate and they read into one than was his predecessor—or his The PRESIDING OFFICER. Without this an opportunity to attack at a two predecessors, actually. He showed objection, it is so ordered. higher level without taking a retalia- great restraint the other day. The bill was ordered to a third read- tory response, they are going to do it. It strikes me that not only is this un- ing and was read the third time. Then they are going to be wrong, and necessary from a policy perspective, it Mr. MCCONNELL. I know of no fur- then the retaliation will come. Then it is also unnecessary from a personality ther debate on the bill. is on. Then we can’t predict what will perspective. This is not a President The PRESIDING OFFICER. Is there happen next. who is looking to start wars. This is a further debate? What happens next is terrifying to President who is looking to get out of Hearing none, the bill having been even contemplate because what hap- the ones we are already in. Again, I read the third time, the question is, pens next could be a Hezbollah strike just don’t know why we would run the Shall the bill pass? against Israel and Israel’s responding risk of putting something out there The bill (H.R. 2940) was passed. 10 times stronger. It could be that could be misconstrued and lead to Mr. MCCONNELL. I ask unanimous Hezbollah’s moving to abduct, kill, an attack when we have a President consent that the motion to reconsider murder American diplomats or per- who has no intention of starting a war, be considered made and laid upon the sonnel inside of Lebanon; it could be when we have a military posture in the table. Shia militias throughout Iraq and region that would not support an offen- The PRESIDING OFFICER. Without Syria attacking U.S. personnel; it sive military operation or anything objection, it is so ordered. close to what Afghanistan or Iraq was could be increased Houthi attacks not f just into Saudi Arabia but potentially like, and when we have this danger of even hitting civilian populations and miscalculation. PROVIDING FOR A 2–WEEK EXTEN- Saudi Arabia’s responding back. What The amendment has been filed, and SION OF THE MEDICAID COMMU- could come next is a spiraling series of there will be a vote on it tomorrow. I NITY MENTAL HEALTH SERV- events that could lead to a dangerous just hope that the handful of people ICES DEMONSTRATION PROGRAM regional war. That is not an exaggera- still thinking about it will consider all Mr. MCCONNELL. Mr. President, I tion. Neither is it an exaggeration to of these points. ask unanimous consent that the Sen- believe that a miscalculation on the I yield the floor. ate proceed to the immediate consider- I suggest the absence of a quorum. ation of S. 2047, submitted today. part of Iran and what it can get away The PRESIDING OFFICER. The The PRESIDING OFFICER. The with would trigger that. clerk will call the roll. This is an unnecessary amendment The bill clerk proceeded to call the clerk will report the bill by title. because, if you accept the War Powers roll. The bill clerk read as follows: Resolution as valid under our Constitu- Mr. MCCONNELL. Mr. President, I A bill (S. 2047) to provide for a 2-week ex- tion—I do not—it already reads that ask unanimous consent that the order tension of the Medicaid community mental the President has a right to respond in for the quorum call be rescinded. health services demonstration program, and self-defense. The administration has The PRESIDING OFFICER (Mr. for other purposes. made it very clear that this is the only PERDUE). Without objection, it is so or- There being no objection, the Senate way it intends to use it. It has made it dered. proceeded to consider the bill. abundantly clear. In fact, its force pos- f Mr. MCCONNELL. I further ask that ture proves it. If you look at what we the bill be read a third time and passed have in the region—the number of APPOINTMENTS AUTHORITY and the motion to reconsider be consid- ships and the number of people—we are Mr. MCCONNELL. Mr. President, I ered made and laid upon the table with not postured for an invasion or an all- ask unanimous consent that notwith- no intervening action or debate.

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G27JN6.082 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4649 The PRESIDING OFFICER. Without to, the preamble be agreed to, and the on those lands, that were set aside to provide objection, it is so ordered. motions to reconsider be considered affected Columbia River Treaty tribes access The bill (S. 2047) was ordered to be made and laid upon the table with no to traditional fishing grounds— engrossed for a third reading, was read intervening action or debate. (1) in accordance with the Act of March 2, 1945 (59 Stat. 10, chapter 19) (commonly the third time, and passed, as follows: The PRESIDING OFFICER. Without known as the ‘‘River and Harbor Act of S. 2047 objection, it is so ordered. 1945’’); or Be it enacted by the Senate and House of Rep- The resolution (S. Res. 271) was (2) in accordance with title IV of Public resentatives of the United States of America in agreed to. Law 100–581 (102 Stat. 2944). Congress assembled, The preamble was agreed to. (b) EXCLUSIVE AUTHORIZATION; CON- SECTION 1. EXTENSION OF THE MEDICAID COM- (The resolution, with its preamble, is TRACTS.—The Secretary of the Interior, act- MUNITY MENTAL HEALTH SERVICES printed in today’s RECORD under ‘‘Sub- ing through the Bureau of Indian Affairs— DEMONSTRATION PROGRAM. mitted Resolutions.’’) (1) subject to paragraph (2)(B), shall be the Section 223(d)(3) of the Protecting Access only Federal agency authorized to carry out to Medicare Act of 2014 (42 U.S.C. 1396a note) f the activities described in this section; and is amended by striking ‘‘June 30, 2019’’ and COLUMBIA RIVER IN-LIEU AND (2) may delegate the authority to carry out inserting ‘‘July 14, 2019’’. TREATY FISHING ACCESS SITES activities described in paragraphs (1) and (2) SEC. 2. MEDICAID IMPROVEMENT FUND. of subsection (d)— IMPROVEMENT ACT Section 1941(b)(1) of the Social Security (A) through one or more contracts entered Act (42 U.S.C. 1396w–1(b)(1)) is amended by Mr. MCCONNELL. Mr. President, I into with an Indian Tribe or Tribal organiza- striking ‘‘$6,000,000’’ and inserting ask unanimous consent that the Sen- tion under the Indian Self-Determination ‘‘$1,000,000’’. ate proceed to the immediate consider- and Education Assistance Act (25 U.S.C. 5301 f ation of Calendar No. 38, S. 50. et seq.); or The PRESIDING OFFICER. The (B) to include other Federal agencies that RECOGNIZING THE 50TH ANNIVER- have relevant expertise. SARY OF THE STONEWALL UP- clerk will report the bill by title. (c) DEFINITION OF AFFECTED COLUMBIA RISING The bill clerk read as follows: RIVER TREATY TRIBES.—In this section, the A bill (S. 50) to authorize the Secretary of term ‘‘affected Columbia River Treaty Mr. MCCONNELL. Mr. President, I the Interior to assess sanitation and safety tribes’’ means the Nez Perce Tribe, the Con- ask unanimous consent that the Sen- conditions at Bureau of Indian Affairs facili- federated Tribes of Umatilla Indian Reserva- ate proceed to the consideration of S. ties that were constructed to provide af- tion, the Confederated Tribes of the Warm Res. 270, submitted earlier today. fected Columbia River Treaty tribes access Springs Reservation of Oregon, and the Con- The PRESIDING OFFICER. The to traditional fishing grounds and expend federated Tribes and Bands of the Yakama clerk will report the resolution by funds on construction of facilities and struc- Nation. title. tures to improve those conditions, and for (d) AUTHORIZATION OF APPROPRIATIONS.— The bill clerk read as follows: other purposes. There are authorized to be appropriated to the Secretary of the Interior $11,000,000 for A resolution (S. Res. 270) recognizing the There being no objection, the Senate proceeded to consider the bill. the period of fiscal years 2020 through 2025, 50th anniversary of the Stonewall uprising. to remain available until expended— There being no objection, the Senate Mr. MCCONNELL. I ask unanimous (1) for improvements to existing structures proceeded to consider the resolution. consent that the Hoeven amendment at and infrastructure to improve sanitation and Mr. MCCONNELL. I know of no fur- the desk be agreed to and that the bill, safety conditions assessed under subsection ther debate on the measure. as amended, be considered read a third (a); and The PRESIDING OFFICER. If there time. (2) to improve access to electricity, sewer, is no further debate, the question is on The PRESIDING OFFICER. Without and water infrastructure, where feasible, to objection, it is so ordered. reflect needs for sanitary and safe use of fa- agreeing to the resolution. cilities referred to in subsection (a). The resolution (S. Res. 270) was The amendment (No. 904) was agreed SEC. 3. STUDY OF ASSESSMENT AND IMPROVE- agreed to. to, as follows: MENT ACTIVITIES. Mr. MCCONNELL. I ask unanimous (Purpose: To amend the authorization The Comptroller General of the United consent that the preamble be agreed to amount) States, in consultation with the Committee and that the motions to reconsider be On page 3, line 23, strike ‘‘such sums as are on Indian Affairs of the Senate, shall— considered made and laid upon the necessary’’ and insert ‘‘$11,000,000 for the pe- (1) conduct a study to evaluate whether table with no intervening action or de- riod of fiscal years 2020 through 2025’’. the sanitation and safety conditions on lands bate. The bill was ordered to be engrossed held by the United States for the benefit of The PRESIDING OFFICER. Without for a third reading and was read the the affected Columbia River Treaty tribes third time. (as defined in section 2(c)) have improved as objection, it is so ordered. a result of the activities authorized in sec- The preamble was agreed to. Mr. MCCONNELL. I know of no fur- tion 2; and (The resolution, with its preamble, is ther debate on the bill. (2) prepare and submit to the Committee printed in today’s RECORD under ‘‘Sub- The PRESIDING OFFICER. If there on Indian Affairs of the Senate and the Com- mitted Resolutions.’’) is no further debate, the bill having mittee on Natural Resources of the House of f been read the third time, the question Representatives a report containing the re- is, Shall the bill pass? sults of that study. COLLECTOR CAR APPRECIATION The bill (S. 50), as amended, was Mr. MCCONNELL. I ask unanimous DAY passed as follows: consent that the motion to reconsider Mr. MCCONNELL. Mr. President, I S. 50 be considered made and laid upon the ask unanimous consent that the Sen- Be it enacted by the Senate and House of Rep- table. ate proceed to the consideration of S. resentatives of the United States of America in The PRESIDING OFFICER. Without Res. 271, submitted earlier today. Congress assembled, objection, it is so ordered. The PRESIDING OFFICER. The SECTION 1. SHORT TITLE. f clerk will report the resolution by This Act may be cited as the ‘‘Columbia INDIAN COMMUNITY ECONOMIC title. River In-Lieu and Treaty Fishing Access ENHANCEMENT ACT OF 2019 The bill clerk read as follows: Sites Improvement Act’’. A resolution (S. Res. 271) designating July SEC. 2. SANITATION AND SAFETY CONDITIONS AT Mr. MCCONNELL. Mr. President, I 12, 2019, as ‘‘Collector Car Appreciation Day’’ CERTAIN BUREAU OF INDIAN AF- ask unanimous consent that the Sen- and recognizing that the collection and res- FAIRS FACILITIES. ate proceed to the immediate consider- toration of historic and classic cars is an im- (a) ASSESSMENT OF CONDITIONS.—The Sec- ation of Calendar No. 63, S. 212. portant part of preserving the technological retary of the Interior, acting through the The PRESIDING OFFICER. The Bureau of Indian Affairs, in consultation achievements and cultural heritage of the clerk will report the bill by title. United States. with the affected Columbia River Treaty tribes, may assess current sanitation and The bill clerk read as follows: There being no objection, the Senate safety conditions on lands held by the United A bill (S. 212) to amend the Native Amer- proceeded to consider the resolution. States for the benefit of the affected Colum- ican Business Development, Trade Pro- Mr. MCCONNELL. I ask unanimous bia River Treaty tribes, including all perma- motion, and Tourism Act of 2000, the Buy In- consent that the resolution be agreed nent Federal structures and improvements dian Act, and the Native American Programs

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I ask unanimous empt debt, invest as an accredited investor, Secretary with respect to the trust and gov- consent that the Hoeven amendment at and benefit from other investment incen- ernmental relationship between the United the desk be agreed to and the bill, as tives accorded to State and local govern- States and Indian Tribes; and amended, be considered read a third mental entities; and ‘‘(B) the point of contact for Indian Tribes, time. (C) as a result of the disparity in treat- Tribal organizations, and Indians regard- The PRESIDING OFFICER. Without ment of Indian Tribes described in subpara- ing— ‘‘(i) policies and programs of the Depart- objection, it is so ordered. graph (B), investors may avoid financing, or demand a premium to finance, projects in In- ment of Commerce; and The amendment (No. 905) was agreed ‘‘(ii) other matters relating to economic to, as follows: dian communities, making the projects more costly or inaccessible; development and doing business in Indian (Purpose: To improve the Indian Economic (7) there are a number of Federal loan lands. Development Feasibility Study) guarantee programs available to facilitate fi- ‘‘(2) DEPARTMENTAL COORDINATION.—The On page 12, line 16, insert ‘‘the extent to nancing of business, energy, economic, hous- Director shall coordinate with all offices and which the programs and services overlap or ing, and community development projects in agencies within the Department of Com- are duplicative,’’ after ‘‘development,’’. Indian communities, and those programs merce to ensure that each office and agency The bill was ordered to be engrossed may support public-private partnerships for has an accountable process to ensure— for a third reading and was read the infrastructure development, but improve- ‘‘(A) meaningful and timely coordination third time. ments and support are needed for those pro- and assistance, as required by this Act; and ‘‘(B) consultation with Indian Tribes re- Mr. MCCONNELL. I know of no fur- grams specific to Indian communities to fa- garding the policies, programs, assistance, ther debate on the bill, as amended. cilitate more effectively private financing for infrastructure and other urgent develop- and activities of the offices and agencies. The PRESIDING OFFICER. Is there ‘‘(3) OFFICE OPERATIONS.—There are author- further debate on the bill? ment needs; and (8)(A) most real property held by Indian ized to be appropriated to carry out this sec- The bill having been read the third tion not more than $2,000,000 for each fiscal time, the question is, Shall the bill Tribes is trust or restricted land that essen- tially cannot be held as collateral; and year.’’. (d) INDIAN COMMUNITY DEVELOPMENT INITIA- pass? (B) while creative solutions, such as lease- TIVES.—The Native American Business De- The bill (S. 212), as amended, was hold mortgages, have been developed in re- passed as follows: velopment, Trade Promotion, and Tourism sponse to the problem identified in subpara- Act of 2000 is amended— S. 212 graph (A), some solutions remain subject to (1) by redesignating section 8 (25 U.S.C. Be it enacted by the Senate and House of Rep- review and approval by the Bureau of Indian 4307) as section 10; and resentatives of the United States of America in Affairs, adding additional costs and delay to (2) by inserting after section 7 (25 U.S.C. Congress assembled, Tribal projects. 4306) the following: SECTION 1. SHORT TITLE. SEC. 3. NATIVE AMERICAN BUSINESS DEVELOP- ‘‘SEC. 8. INDIAN COMMUNITY DEVELOPMENT INI- This Act may be cited as the ‘‘Indian Com- MENT, TRADE PROMOTION, AND TIATIVES. TOURISM ACT OF 2000. munity Economic Enhancement Act of 2019’’. ‘‘(a) INTERAGENCY COORDINATION.—Not SEC. 2. FINDINGS. (a) FINDINGS; PURPOSES.—Section 2 of the later than 1 year after the enactment of this Congress finds that— Native American Business Development, section, the Secretary, the Secretary of the (1)(A) to bring industry and economic de- Trade Promotion, and Tourism Act of 2000 Interior, and the Secretary of the Treasury velopment to Indian communities, Indian (25 U.S.C. 4301) is amended by adding at the shall coordinate— Tribes must overcome a number of barriers, end the following: ‘‘(1) to develop initiatives that— including— ‘‘(c) APPLICABILITY TO INDIAN-OWNED BUSI- ‘‘(A) encourage, promote, and provide edu- (i) geographical location; NESSES.—The findings and purposes in sub- cation regarding investments in Indian com- (ii) lack of infrastructure or capacity; sections (a) and (b) shall apply to any Indian- munities through— (iii) lack of sufficient collateral and cap- owned business governed— ‘‘(i) the loan guarantee program of Bureau ital; and ‘‘(1) by Tribal laws regulating trade or of Indian Affairs under section 201 of the In- (iv) regulatory bureaucracy relating to— commerce on Indian lands; or dian Financing Act of 1974 (25 U.S.C. 1481); (I) development; and ‘‘(2) pursuant to section 5 of the Act of Au- ‘‘(ii) programs carried out using amounts (II) access to services provided by the Fed- gust 15, 1876 (19 Stat. 200, chapter 289; 25 in the Community Development Financial eral Government; and U.S.C. 261).’’. Institutions Fund established under section (B) the barriers described in subparagraph (b) DEFINITIONS.—Section 3 of the Native 104(a) of the Community Development Bank- (A) often add to the cost of doing business in American Business Development, Trade Pro- ing and Financial Institutions Act of 1994 (12 Indian communities; motion, and Tourism Act of 2000 (25 U.S.C. U.S.C. 4703(a)); and (2) Indian Tribes— 4302) is amended— ‘‘(iii) other capital development programs; (A) enact laws and exercise sovereign gov- (1) by redesignating paragraphs (1) through ‘‘(B) examine and develop alternatives that ernmental powers; (6) and paragraphs (7) through (9), as para- would qualify as collateral for financing in (B) determine policy for the benefit of graphs (2) through (7) and paragraphs (9) Indian communities; and Tribal members; and through (11), respectively; ‘‘(C) provide entrepreneur and other train- (C) produce goods and services for con- (2) by inserting before paragraph (2) (as re- ing relating to economic development sumers; designated by paragraph (1)) the following: through tribally controlled colleges and uni- (3) the Federal Government has— ‘‘(1) DIRECTOR.—The term ‘Director’ means versities and other Indian organizations with (A) an important government-to-govern- the Director of Native American Business experience in providing such training; ment relationship with Indian Tribes; and Development appointed pursuant to section ‘‘(2) to consult with Indian Tribes and with (B) a role in facilitating healthy and sus- 4(a)(2).’’; and the Securities and Exchange Commission to tainable Tribal economies; (3) by inserting after paragraph (7) (as re- study, and collaborate to establish, regu- (4) the input of Indian Tribes in developing designated by paragraph (1)) the following: latory changes necessary to qualify an In- Federal policy and programs leads to more ‘‘(8) OFFICE.—The term ‘Office’ means the dian Tribe as an accredited investor for the meaningful and effective measures to assist Office of Native American Business Develop- purposes of sections 230.500 through 230.508 of Indian Tribes and Indian entrepreneurs in ment established by section 4(a)(1).’’. title 17, Code of Federal Regulations (or suc- building Tribal economies; (c) OFFICE OF NATIVE AMERICAN BUSINESS cessor regulations), consistent with the goals (5)(A) many components of Tribal infra- DEVELOPMENT.—Section 4 of the Native of promoting capital formation and ensuring structure need significant repair or replace- American Business Development, Trade Pro- qualifying Indian Tribes have the ability to ment; and motion, and Tourism Act of 2000 (25 U.S.C. withstand investment loss, on a basis com- (B) access to private capital for projects in 4303) is amended— parable to other legal entities that qualify as Indian communities— (1) in subsection (a)— accredited investors who are not natural per- (i) may not be available; or (A) in paragraph (1)— sons; (ii) may come at a higher cost than such (i) by striking ‘‘Department of Commerce’’ ‘‘(3) to identify regulatory, legal, or other access for other projects; and inserting ‘‘Office of the Secretary’’; and barriers to increasing investment, business, (6)(A) Federal capital improvement pro- (ii) by striking ‘‘(referred to in this Act as and economic development, including quali- grams, such as those that facilitate tax-ex- the ‘Office’)’’; and fying or approving collateral structures,

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measurements of economic strength, and ‘‘(C) TAX INCENTIVES.—The study shall as- firm, pursuant to a mentor-protege agree- contributions of Indian economies in Indian sess and quantify the extent of the assist- ment, any form of developmental assistance communities through the Authority estab- ance and allocations afforded for non-Indian described in section 831(f) of the National De- lished under section 4 of the Indian Tribal projects and for Indian projects pursuant to fense Authorization Act for Fiscal Year 1991 Regulatory Reform and Business Develop- each of the following tax incentive pro- (10 U.S.C. 2302 note; Public Law 101–510). ment Act of 2000 (25 U.S.C. 4301 note); grams: ‘‘(c) IMPLEMENTATION.—In carrying out this ‘‘(4) to ensure consultation with Indian ‘‘(i) New market tax credit. section, the Secretaries shall— Tribes regarding increasing investment in ‘‘(ii) Low income housing tax credit. ‘‘(1) conduct outreach to Indian industrial Indian communities and the development of ‘‘(iii) Investment tax credit. entities; the report required in paragraph (5); and ‘‘(iv) Renewable energy tax incentives. ‘‘(2) provide training; ‘‘(5) not less than once every 2 years, to ‘‘(v) Accelerated depreciation. ‘‘(3) promulgate regulations in accordance provide a report to Congress regarding— ‘‘(D) TRIBAL INVESTMENT INCENTIVE.—The with this section and with the regulations ‘‘(A) improvements to Indian communities study shall assess various alternative incen- under part 1480 of title 48, Code of Federal resulting from such initiatives and rec- tives that could be provided to enable and Regulations (or successor regulations), to ommendations for promoting sustained encourage Tribal governments to invest in harmonize the procurement procedures of growth of the Tribal economies; an Indian community development invest- the Department of the Interior and the De- ‘‘(B) results of the study and collaboration ment fund or bank.’’. partment of Health and Human Services, to regarding the necessary changes referenced (e) CONFORMING AND TECHNICAL AMEND- the maximum extent practicable; in paragraph (2) and the impact of allowing MENTS.—The Native American Business De- ‘‘(4) require regional offices of the Bureau Indian Tribes to qualify as an accredited in- velopment, Trade Promotion, and Tourism of Indian Affairs and the Indian Health Serv- vestor; and Act of 2000 (25 U.S.C. 4301 et seq.) is amend- ice to aggregate data regarding compliance ‘‘(C) the identified regulatory, legal, and ed— with this section; other barriers referenced in paragraph (3). (1) in section 3— ‘‘(5) require procurement management re- (A) in each of paragraphs (1), (4), and (8), by ‘‘(b) WAIVER.—For assistance provided pur- views by their respective Departments to in- suant to section 108 of the Community De- striking ‘‘tribe’’ and inserting ‘‘Tribe’’; and clude a review of the implementation of this velopment Banking and Financial Institu- (B) in paragraph (6), by striking ‘‘The term section; and tions Act of 1994 (12 U.S.C. 4707) to benefit ‘Indian tribe’ has the meaning given that ‘‘(6) consult with Indian Tribes, Indian in- Native Community Development Financial term’’ and inserting ‘‘The term ‘Indian dustrial entities, and other stakeholders re- Institutions, as defined by the Secretary of Tribe’ has the meaning given the term ‘In- garding methods to facilitate compliance the Treasury, section 108(e) of such Act shall dian tribe’ ’’; with— not apply. (2) by striking ‘‘tribes’’ each place the ‘‘(A) this section; and term appears and inserting ‘‘Tribes’’; and ‘‘(c) INDIAN ECONOMIC DEVELOPMENT FEASI- ‘‘(B) other small business or procurement (3) by striking ‘‘tribal’’ each place the term BILITY STUDY.— goals. appears and inserting ‘‘Tribal’’. ‘‘(1) IN GENERAL.—The Government Ac- ‘‘(d) REPORT.— SEC. 4. BUY INDIAN ACT. countability Office shall conduct a study ‘‘(1) IN GENERAL.—Not later than 1 year Section 23 of the Act of June 25, 1910 (com- and, not later than 18 months after the date after the date of enactment of this section, monly known as the ‘‘Buy Indian Act’’) (36 of enactment of this subsection, submit to and not less frequently than once every 2 Stat. 861, chapter 431; 25 U.S.C. 47), is amend- the Committee on Indian Affairs of the Sen- ed to read as follows: years thereafter, each of the Secretaries ate and the Committee on Natural Resources shall submit to the Committee on Indian Af- ‘‘SEC. 23. EMPLOYMENT OF INDIAN LABOR AND of the House of Representatives a report on PURCHASE OF PRODUCTS OF IN- fairs of the Senate and the Committee on the findings of the study and recommenda- DIAN INDUSTRY; PARTICIPATION IN Natural Resources of the House of Rep- tions. MENTOR-PROTEGE PROGRAM. resentatives a report describing, during the ‘‘(2) CONTENTS.—The study shall include an ‘‘(a) DEFINITIONS.—In this section: period covered by the report, the implemen- assessment of each of the following: ‘‘(1) INDIAN ECONOMIC ENTERPRISE.—The tation of this section by each of the respec- ‘‘(A) IN GENERAL.—The study shall assess term ‘Indian economic enterprise’ has the tive Secretaries. current Federal capitalization and related meaning given the term in section 1480.201 of ‘‘(2) CONTENTS.—Each report under this programs and services that are available to title 48, Code of Federal Regulations (or suc- subsection shall include, for each fiscal year assist Indian communities with business and cessor regulations). during the period covered by the report— economic development, including manufac- ‘‘(2) MENTOR FIRM; PROTEGE FIRM.—The ‘‘(A) the names of each agency under the turing, physical infrastructure (such as tele- terms ‘mentor firm’ and ‘protege firm’ have respective jurisdiction of each of the Secre- communications and broadband), community the meanings given those terms in section taries to which this section has been applied, development, and facilities construction for 831(c) of the National Defense Authorization and efforts made by additional agencies such purposes. For each of the Federal pro- Act for Fiscal Year 1991 (10 U.S.C. 2302 note; within the Secretaries’ respective Depart- grams and services identified, the study shall Public Law 101–510). ments to use the procurement procedures assess the current use and demand by Indian ‘‘(3) SECRETARIES.—The term ‘Secretaries’ under this Act; Tribes, individuals, businesses, and commu- means— ‘‘(B) a summary of the types of purchases nities of the programs, the capital needs of ‘‘(A) the Secretary of the Interior; and made from, and contracts (including any rel- Indian Tribes, businesses, and communities ‘‘(B) the Secretary of Health and Human evant modifications, extensions, or renewals) related to economic development, the extent Services. awarded to, Indian economic enterprises, ex- to which the programs and services overlap ‘‘(b) ENTERPRISE DEVELOPMENT.— pressed by agency region; or are duplicative, and the extent that simi- ‘‘(1) IN GENERAL.—Unless determined by ‘‘(C) a description of the percentage in- lar programs have been used to assist non-In- one of the Secretaries to be impracticable crease or decrease in total dollar value and dian communities compared to the extent and unreasonable— number of purchases and awards made with- used for Indian communities. ‘‘(A) Indian labor shall be employed; and in each agency region, as compared to the ‘‘(B) FINANCING ASSISTANCE.—The study ‘‘(B) purchases of Indian industry products totals of the region for the preceding fiscal shall assess and quantify the extent of as- (including printing and facilities construc- year; sistance provided to non-Indian borrowers tion, notwithstanding any other provision of ‘‘(D) a description of the methods used by and to Indian (both Tribal and individual) law) may be made in open market by the applicable contracting officers and employ- borrowers (including information about such Secretaries. ees to conduct market searches to identify assistance as a percentage of need for Indian ‘‘(2) MENTOR-PROTEGE PROGRAM.— qualified Indian economic enterprises; borrowers and for non-Indian borrowers, as- ‘‘(A) IN GENERAL.—Participation in the ‘‘(E) a summary of all deviations granted sistance to Indian borrowers and to non-In- Mentor-Protege Program established under under section 1480.403 of title 48, Code of Fed- dian borrowers as a percentage of total appli- section 831(a) of the National Defense Au- eral Regulations (or successor regulations), cants, and such assistance to Indian bor- thorization Act for Fiscal Year 1991 (10 including a description of— rowers as individuals as compared to such U.S.C. 2302 note; Public Law 101–510) or re- ‘‘(i) the types of alternative procurement assistance to Indian Tribes) through the loan ceipt of assistance under a developmental as- methods used, including any Indian owned programs, the loan guarantee programs, or sistance agreement under that program shall businesses reported under other procurement bond guarantee programs of the— not render any individual or entity involved goals; and ‘‘(i) Department of the Interior; in the provision of Indian labor or an Indian ‘‘(ii) the dollar value of any awards made ‘‘(ii) Department of Agriculture; industry product ineligible to receive assist- pursuant to those deviations; ‘‘(iii) Department of Housing and Urban ance under this section. ‘‘(F) a summary of all determinations Development; ‘‘(B) TREATMENT.—For purposes of this sec- made to provide awards to Indian economic ‘‘(iv) Department of Energy; tion, no determination of affiliation or con- enterprises, including a description of the ‘‘(v) Small Business Administration; and trol (whether direct or indirect) may be dollar value of the awards; ‘‘(vi) Community Development Financial found between a protege firm and a mentor ‘‘(G) a description or summary of the total Institutions Fund of the Department of the firm on the basis that the mentor firm has number and value of all purchases of, and Treasury. provided, or agreed to provide, to the protege contracts awarded for, supplies, services, and

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.073 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4652 CONGRESSIONAL RECORD — SENATE June 27, 2019 construction (including the percentage in- (2) by striking ‘‘tribes’’ each place the the Interior to promote economic develop- crease or decrease, as compared to the pre- term appears and inserting ‘‘Tribes’’; and ment in Indian reservation communities. ceding fiscal year) from— (3) by striking ‘‘tribal’’ each place the term f ‘‘(i) Indian economic enterprises; and appears and inserting ‘‘Tribal’’. ‘‘(ii) non-Indian economic enterprises; Mr. MCCONNELL. I ask unanimous TRIBAL HUD-VASH ACT OF 2019 ‘‘(H) any administrative, procedural, legal, consent that the motion to reconsider The bill clerk read as follows: or other barriers to achieving the purposes of be considered made and laid upon the this section, together with recommendations A bill (S. 257) to provide for rental assist- for legislative or administrative actions to table. ance for homeless or at-risk Indian veterans, address those barriers; and The PRESIDING OFFICER. Without and for other purposes. ‘‘(I) for each agency region— objection, it is so ordered. f ‘‘(i) the total amount spent on purchases f made from, and contracts awarded to, Indian SPOKANE TRIBE OF INDIANS OF economic enterprises; and THE CALENDAR THE SPOKANE RESERVATION EQ- ‘‘(ii) a comparison of the amount described UITABLE COMPENSATION ACT in clause (i) to the total amount that the Mr. MCCONNELL. Mr. President, I agency region would likely have spent on the ask unanimous consent that the Sen- The bill clerk read as follows: same purchases made from a non-Indian eco- ate proceed to the immediate consider- A bill (S. 216) to provide for equitable com- nomic enterprise or contracts awarded to a ation of the following Calendar items, pensation to the Spokane Tribe of Indians of non-Indian economic enterprise. en bloc: Calendar Nos. 110, 41, 73, 42, 64, the Spokane Reservation for the use of tribal ‘‘(e) GOALS.—Each agency shall establish 49, 34, 37, and 33. land for the production of hydropower by the an annual minimum percentage goal for pro- Grand Coulee Dam, and for other purposes. curement in compliance with this section.’’. The PRESIDING OFFICER. The SEC. 5. NATIVE AMERICAN PROGRAMS ACT OF clerk will report the bills, en bloc. f 1974. f (a) FINANCIAL ASSISTANCE FOR NATIVE KLAMATH TRIBE JUDGMENT FUND AMERICAN PROJECTS.—Section 803 of the Na- NULLIFYING THE SUPPLEMENTAL REPEAL ACT tive American Programs Act of 1974 (42 TREATY BETWEEN THE UNITED The bill clerk read as follows: U.S.C. 2991b) is amended— STATES OF AMERICA AND THE (1) by redesignating subsections (b) A bill (S. 46) to repeal the Klamath Tribe through (d) as subsections (c) through (e), re- CONFEDERATED TRIBES AND Judgment Fund Act. spectively; and BANDS OF INDIANS OF MIDDLE f (2) by inserting after subsection (a) the fol- OREGON LEECH LAKE BAND OF OJIBWE lowing: The bill clerk read as follows: ‘‘(b) ECONOMIC DEVELOPMENT.— RESERVATION RESTORATION ACT ‘‘(1) IN GENERAL.—The Commissioner may A bill (S. 832) to nullify the Supplemental provide assistance under subsection (a) for Treaty Between the United States of Amer- The bill clerk read as follows: projects relating to the purposes of this title ica and the Confederated Tribes and Bands of A bill (S. 199) to provide for the transfer of to a Native community development finan- Indians of Middle Oregon, concluded on No- certain Federal land in the State of Min- cial institution, as defined by the Secretary vember 15, 1865. nesota for the benefit of the Leech Lake of the Treasury. f Band of Ojibwe. ‘‘(2) PRIORITY.—With regard to not less There being no objection, the Senate than 50 percent of the total amount available PROVIDING FOR THE CONVEYANCE proceeded to consider the bills en bloc. for assistance under this section, the Com- OF CERTAIN PROPERTY TO THE missioner shall give priority to any applica- Mr. MCCONNELL. I ask unanimous TANANA TRIBAL COUNCIL LO- consent that the bills, en bloc, be con- tion seeking assistance for— CATED IN TANANA, ALASKA, ‘‘(A) the development of a Tribal code or sidered read a third time. court system for purposes of economic devel- AND TO THE BRISTOL BAY AREA The PRESIDING OFFICER. Without opment, including commercial codes, train- HEALTH CORPORATION LOCATED objection, it is so ordered. ing for court personnel, regulation pursuant IN DILLINGHAM, ALASKA The bills were ordered to be en- to section 5 of the Act of August 15, 1876 (19 The bill clerk read as follows: grossed for a third reading and were Stat. 200, chapter 289; 25 U.S.C. 261), and the development of nonprofit subsidiaries or A bill (S. 224) to provide for the conveyance read the third time, en bloc. other Tribal business structures; of certain property to the Tanana Tribal Mr. MCCONNELL. I know of no fur- ‘‘(B) the development of a community de- Council located in Tanana, Alaska, and to ther debate on the bills, en bloc. velopment financial institution, including the Bristol Bay Area Health Corporation lo- The PRESIDING OFFICER. Is there training and administrative expenses; or cated in Dillingham, Alaska, and for other further debate? ‘‘(C) the development of a Tribal master purposes. Hearing none, the bills having been plan for community and economic develop- f read the third time, the question is, ment and infrastructure.’’. Shall the bills pass, en bloc? (b) TECHNICAL ASSISTANCE AND TRAINING.— PROGRESS FOR INDIAN TRIBES The bills (S. 832, S. 224, S. 209, S. 256, Section 804 of the Native American Pro- ACT grams Act of 1974 (42 U.S.C. 2991c) is amend- S. 294, S. 257, S. 216, S. 46, S. 199) were ed— The bill clerk read as follows: passed, en bloc, as follows: (1) in the matter preceding paragraph (1), A bill (S. 209) to amend the Indian Self-De- S. 832 by striking ‘‘The Commissioner’’ and insert- termination and Education Assistance Act Be it enacted by the Senate and House of Rep- ing the following: to provide further self-governance by Indian resentatives of the United States of America in ‘‘(a) IN GENERAL.—The Commissioner’’; and Tribes, and for other purposes. (2) by adding at the end the following: Congress assembled, ‘‘(b) PRIORITY.—In providing assistance f SECTION 1. NULLIFICATION OF TREATY. under subsection (a), the Commissioner shall ESTHER MARTINEZ NATIVE AMER- The Supplemental Treaty Between the give priority to any application described in United States of America and the Confed- section 803(b)(2).’’. ICAN LANGUAGES PROGRAMS erated Tribes and Bands of Indians of Middle (c) AUTHORIZATION OF APPROPRIATIONS.— REAUTHORIZATION ACT Oregon, concluded on November 15, 1865, and Section 816 of the Native American Pro- The bill clerk read as follows: entered into pursuant to the Senate resolu- grams Act of 1974 (42 U.S.C. 2992d) is amend- tion of ratification dated March 2, 1867 (14 A bill (S. 256) to amend the Native Amer- ed— Stat. 751), shall have no force or effect. (1) by striking ‘‘803(d)’’ each place it ap- ican Programs Act of 1974 to provide flexi- S. 224 pears and inserting ‘‘803(e)’’; and bility and reauthorization to ensure the sur- (2) in subsection (a)— vival and continuing vitality of Native Be it enacted by the Senate and House of Rep- (A) by striking ‘‘such sums as may be nec- American languages. resentatives of the United States of America in Congress assembled, essary’’ and inserting ‘‘$34,000,000’’; and f (B) by striking ‘‘1999, 2000, 2001, and 2002’’ SECTION 1. CONVEYANCE OF PROPERTY TO THE and inserting ‘‘2020 through 2024’’. NATIVE AMERICAN BUSINESS TANANA TRIBAL COUNCIL. (d) CONFORMING AND TECHNICAL AMEND- INCUBATORS PROGRAM ACT (a) CONVEYANCE OF PROPERTY.— MENTS.—The Native American Programs Act (1) IN GENERAL.—As soon as practicable, of 1974 (42 U.S.C. 2991 et seq.) is amended— The bill clerk read as follows: but not later than 180 days, after the date of (1) by striking ‘‘tribe’’ each place the term A bill (S. 294) to establish a business incu- enactment of this Act, the Secretary of appears and inserting ‘‘Tribe’’; bators program within the Department of Health and Human Services (referred to in

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.073 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4653 this Act as the ‘‘Secretary’’) shall convey to section (b) executed by the Secretary and the (1) to modify, limit, expand, or otherwise the Tanana Tribal Council located in Corporation. affect— Tanana, Alaska (referred to in this section (3) CONDITIONS.—The conveyance of the (A) the authority of the Secretary of the as the ‘‘Council’’), all right, title, and inter- property under this section— Interior, as provided for under the Indian est of the United States in and to the prop- (A) shall be made by warranty deed; and Self-Determination and Education Assist- erty described in subsection (b) for use in (B) shall not— ance Act (as in effect on the day before the connection with health and social services (i) require any consideration from the Cor- date of enactment of this Act), regarding— programs. poration for the property; (i) the inclusion of any non-BIA program (2) EFFECT ON ANY QUITCLAIM DEED.—The (ii) impose any obligation, term, or condi- (as defined in section 401 of the Indian Self- conveyance by the Secretary of title by war- tion on the Corporation; or Determination and Education Assistance ranty deed under this subsection shall, on (iii) allow for any reversionary interest of Act) in a self-determination contract or the effective date of the conveyance, super- the United States in the property. funding agreement under section 403(c) of sede and render of no future effect any quit- (b) PROPERTY DESCRIBED.—The property, such Act (as so in effect); or claim deed to the property described in sub- including all land, improvements, and appur- (ii) the implementation of any contract or section (b) executed by the Secretary and the tenances, described in this subsection is the agreement described in clause (i) that is in Council. property included in Dental Annex Subdivi- effect on the day described in subparagraph (3) CONDITIONS.—The conveyance of the sion, creating tract 1, a subdivision of Lot 2 (A); property under this section— of U.S. Survey No. 2013, located in Section (B) the meaning, application, or effect of (A) shall be made by warranty deed; and 36, Township 13 South, Range 56 West, Sew- any Tribal water rights settlement, includ- (B) shall not— ard Meridian, Bristol Bay Recording Dis- ing the performance required of a party (i) require any consideration from the trict, Dillingham, Alaska, according to Plat thereto or any payment or funding obliga- Council for the property; No. 2015–8, recorded on May 28, 2015, in the tion thereunder; (ii) impose any obligation, term, or condi- Bristol Bay Recording District, Dillingham, (C) the authority, jurisdiction, or responsi- tion on the Council; or Alaska, containing 1.474 acres more or less. bility of a State to manage, control, or regu- (c) ENVIRONMENTAL LIABILITY.— (iii) allow for any reversionary interest of late fish and wildlife under State law (in- (1) LIABILITY.— the United States in the property. cluding regulations) on land or water in the (A) IN GENERAL.—Notwithstanding any (b) PROPERTY DESCRIBED.—The property, State, including Federal public land; other provision of law, the Corporation shall including all land, improvements, and appur- (D) except for the authority provided to not be liable for any soil, surface water, tenances, described in this subsection is the the Secretary as described in subparagraph groundwater, or other contamination result- property included in U.S. Survey No. 5958, (A), the applicability or effect of any Federal ing from the disposal, release, or presence of Lot 12, in the village of Tanana, Alaska, law related to the protection or management any environmental contamination on any within surveyed Township 4N, Range 22W, of fish or wildlife; or portion of the property described in sub- Fairbanks Meridian, Alaska, containing 11.25 (E) any treaty-reserved right or other right section (b) on or before the date on which the acres. of any Indian Tribe as recognized by any property is conveyed to the Corporation. (c) ENVIRONMENTAL LIABILITY.— other means, including treaties or agree- (B) ENVIRONMENTAL CONTAMINATION.—An ments with the United States, Executive or- (1) LIABILITY.— environmental contamination described in ders, statutes, regulations, or case law; or (A) IN GENERAL.—Notwithstanding any subparagraph (A) includes any oil or petro- (2) to authorize any provision of a contract other provision of law, the Council shall not leum products, hazardous substances, haz- or agreement that is not consistent with the be liable for any soil, surface water, ground- ardous materials, hazardous waste, pollut- terms of a Tribal water rights settlement. water, or other contamination resulting ants, toxic substances, solid waste, or any (b) DEFINITIONS.—Section 401 of the Indian from the disposal, release, or presence of any other environmental contamination or haz- Self-Determination and Education Assist- environmental contamination on any por- ard as defined in any Federal or State of ance Act (25 U.S.C. 5361) is amended to read tion of the property described in subsection Alaska law. (b) on or before the date on which the prop- as follows: (2) EASEMENT.—The Secretary shall be ac- erty is conveyed to the Council. corded any easement or access to the prop- ‘‘SEC. 401. DEFINITIONS. (B) ENVIRONMENTAL CONTAMINATION.—An erty conveyed under this section as may be ‘‘In this title: environmental contamination described in reasonably necessary to satisfy any retained ‘‘(1) COMPACT.—The term ‘compact’ means subparagraph (A) includes any oil or petro- obligation or liability of the Secretary. a self-governance compact entered into leum products, hazardous substances, haz- (3) NOTICE OF HAZARDOUS SUBSTANCE ACTIV- under section 404. ardous materials, hazardous waste, pollut- ITY AND WARRANTY.—In carrying out this sec- ‘‘(2) CONSTRUCTION PROGRAM; CONSTRUCTION ants, toxic substances, solid waste, or any tion, the Secretary shall comply with sub- PROJECT.—The term ‘construction program’ other environmental contamination or haz- paragraphs (A) and (B) of section 120(h)(3) of or ‘construction project’ means a Tribal un- ard as defined in any Federal or State of the Comprehensive Environmental Response, dertaking relating to the administration, Alaska law. Compensation, and Liability Act of 1980 (42 planning, environmental determination, de- (2) EASEMENT.—The Secretary shall be ac- U.S.C. 9620(h)(3)). sign, construction, repair, improvement, or corded any easement or access to the prop- S. 209 expansion of roads, bridges, buildings, struc- erty conveyed under this section as may be tures, systems, or other facilities for pur- reasonably necessary to satisfy any retained Be it enacted by the Senate and House of Rep- poses of housing, law enforcement, deten- resentatives of the United States of America in obligation or liability of the Secretary. tion, sanitation, water supply, education, ad- Congress assembled, (3) NOTICE OF HAZARDOUS SUBSTANCE ACTIV- ministration, community, health, irrigation, ITY AND WARRANTY.—In carrying out this sec- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. agriculture, conservation, flood control, tion, the Secretary shall comply with sub- (a) SHORT TITLE.—This Act may be cited as transportation, or port facilities, or for other the ‘‘Practical Reforms and Other Goals To paragraphs (A) and (B) of section 120(h)(3) of Tribal purposes. Reinforce the Effectiveness of Self-Govern- the Comprehensive Environmental Response, ‘‘(3) DEPARTMENT.—The term ‘Department’ ance and Self-Determination for Indian Compensation, and Liability Act of 1980 (42 means the Department of the Interior. Tribes Act of 2019’’ or the ‘‘PROGRESS for U.S.C. 9620(h)(3)). ‘‘(4) FUNDING AGREEMENT.—The term ‘fund- Indian Tribes Act’’. SEC. 2. CONVEYANCE OF PROPERTY TO THE (b) TABLE OF CONTENTS.—The table of con- ing agreement’ means a funding agreement BRISTOL BAY AREA HEALTH COR- tents of this Act is as follows: entered into under section 403. PORATION. ‘‘(5) GROSS MISMANAGEMENT.—The term Sec. 1. Short title; table of contents. (a) CONVEYANCE OF PROPERTY.— ‘gross mismanagement’ means a significant (1) IN GENERAL.—As soon as practicable, TITLE I—TRIBAL SELF-GOVERNANCE violation, shown by a preponderance of the but not later than 180 days, after the date of Sec. 101. Tribal self-governance. evidence, of a compact, funding agreement, enactment of this Act, the Secretary shall TITLE II—INDIAN SELF-DETERMINATION or statutory or regulatory requirement ap- convey to the Bristol Bay Area Health Cor- Sec. 201. Definitions; reporting and audit re- plicable to Federal funds for a program ad- poration located in Dillingham, Alaska (re- quirements; application of pro- ministered by an Indian Tribe under a com- ferred to in this section as the ‘‘Corpora- visions. pact or funding agreement. tion’’), all right, title, and interest of the Sec. 202. Contracts by Secretary of the Inte- ‘‘(6) INHERENT FEDERAL FUNCTION.—The United States in and to the property de- rior. term ‘inherent Federal function’ means a scribed in subsection (b) for use in connec- Sec. 203. Administrative provisions. Federal function that may not legally be del- tion with health and social services pro- Sec. 204. Contract funding and indirect egated to an Indian Tribe. grams. costs. ‘‘(7) NON-BIA PROGRAM.—The term ‘non- (2) EFFECT ON ANY QUITCLAIM DEED.—The Sec. 205. Contract or grant specifications. BIA program’ means all or a portion of a pro- conveyance by the Secretary of title by war- TITLE I—TRIBAL SELF-GOVERNANCE gram, function, service, or activity that is ranty deed under this subsection shall, on SEC. 101. TRIBAL SELF-GOVERNANCE. administered by any bureau, service, office, the effective date of the conveyance, super- (a) EFFECT OF PROVISIONS.—Nothing in this or agency of the Department of the Interior sede and render of no future effect any quit- Act, or the amendments made by this Act, other than— claim deed to the property described in sub- shall be construed— ‘‘(A) the Bureau of Indian Affairs;

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‘‘(B) the Office of the Assistant Secretary ‘‘(B) EFFECT OF WITHDRAWAL.—If an Indian title I, at the option of the Indian Tribe, the for Indian Affairs; or Tribe withdraws from participation in a resulting self-determination contract shall ‘‘(C) the Office of the Special Trustee for Tribal organization, the Indian Tribe shall be a mature self-determination contract as American Indians. be entitled to its Tribal share of funds and long as the Indian Tribe meets the require- ‘‘(8) PROGRAM.—The term ‘program’ means resources supporting the programs that the ments set forth in section 4(h). any program, function, service, or activity Indian Tribe is entitled to carry out under ‘‘(c) ELIGIBILITY.—To be eligible to partici- (or portion thereof) within the Department the compact and funding agreement of the pate in self-governance, an Indian Tribe that is included in a funding agreement. Indian Tribe. shall— ‘‘(9) SECRETARY.—The term ‘Secretary’ ‘‘(C) PARTICIPATION IN SELF-GOVERNANCE.— ‘‘(1) successfully complete the planning means the Secretary of the Interior. The withdrawal of an Indian Tribe from a phase described in subsection (d); ‘‘(10) SELF-DETERMINATION CONTRACT.—The Tribal organization shall not affect the eligi- ‘‘(2) request participation in self-govern- term ‘self-determination contract’ means a bility of the Tribal organization to partici- ance by resolution or other official action by self-determination contract entered into pate in self-governance on behalf of one or the Tribal governing body; and under section 102. more other Indian Tribes, if the Tribal orga- ‘‘(3) demonstrate, for the 3 fiscal years pre- ‘‘(11) SELF-GOVERNANCE.—The term ‘self- nization still qualifies under subsection (c). ceding the date on which the Indian Tribe re- governance’ means the Tribal Self-Govern- ‘‘(D) WITHDRAWAL PROCESS.— quests participation, financial stability and ance Program established under section 402. ‘‘(i) IN GENERAL.—An Indian Tribe may, by financial management capability as evi- ‘‘(12) TRIBAL SHARE.—The term ‘Tribal Tribal resolution, fully or partially withdraw denced by the Indian Tribe having no uncor- share’ means the portion of all funds and re- its Tribal share of any program in a funding rected significant and material audit excep- sources of an Indian Tribe that— agreement from a participating Tribal orga- tions in the required annual audit of its self- ‘‘(A) support any program within the Bu- nization. determination or self-governance agree- reau of Indian Affairs, the Office of the Spe- ‘‘(ii) NOTIFICATION.—The Indian Tribe shall ments with any Federal agency. provide a copy of the Tribal resolution de- cial Trustee for American Indians, or the Of- ‘‘(d) PLANNING PHASE.— scribed in clause (i) to the Secretary. fice of the Assistant Secretary for Indian Af- ‘‘(1) IN GENERAL.—An Indian Tribe seeking fairs; and ‘‘(iii) EFFECTIVE DATE.— to begin participation in self-governance ‘‘(B) are not required by the Secretary for ‘‘(I) IN GENERAL.—A withdrawal under shall complete a planning phase as provided the performance of an inherent Federal func- clause (i) shall become effective on the date in this subsection. that is specified in the Tribal resolution and tion. ‘‘(2) ACTIVITIES.—The planning phase mutually agreed upon by the Secretary, the ‘‘(13) TRIBAL WATER RIGHTS SETTLEMENT.— shall— withdrawing Indian Tribe, and the Tribal or- The term ‘Tribal water rights settlement’ ‘‘(A) be conducted to the satisfaction of the ganization that signed the compact and means any settlement, compact, or other Indian Tribe; and funding agreement on behalf of the with- agreement expressly ratified or approved by ‘‘(B) include— drawing Indian Tribe or Tribal organization. an Act of Congress that— ‘‘(i) legal and budgetary research; and ‘‘(II) NO SPECIFIED DATE.—In the absence of ‘‘(A) includes an Indian Tribe and the ‘‘(ii) internal Tribal government planning, a date specified in the resolution, the with- United States as parties; and training, and organizational preparation. drawal shall become effective on— ‘‘(B) quantifies or otherwise defines any ‘‘(aa) the earlier of— ‘‘(e) GRANTS.— water right of the Indian Tribe.’’. ‘‘(AA) 1 year after the date of submission ‘‘(1) IN GENERAL.—Subject to the avail- (c) ESTABLISHMENT.—Section 402 of the In- of the request; and ability of appropriations, an Indian Tribe or dian Self-Determination and Education As- ‘‘(BB) the date on which the funding agree- Tribal organization that meets the require- sistance Act (25 U.S.C. 5362) is amended to ment expires; or ments of paragraphs (2) and (3) of subsection read as follows: ‘‘(bb) such date as may be mutually agreed (c) shall be eligible for grants— ‘‘SEC. 402. TRIBAL SELF-GOVERNANCE PROGRAM. upon by the Secretary, the withdrawing In- ‘‘(A) to plan for participation in self-gov- ‘‘(a) ESTABLISHMENT.—The Secretary shall dian Tribe, and the Tribal organization that ernance; and establish and carry out a program within the signed the compact and funding agreement ‘‘(B) to negotiate the terms of participa- Department to be known as the ‘Tribal Self- on behalf of the withdrawing Indian Tribe or tion by the Indian Tribe or Tribal organiza- Governance Program’. Tribal organization. tion in self-governance, as set forth in a ‘‘(b) SELECTION OF PARTICIPATING INDIAN ‘‘(E) DISTRIBUTION OF FUNDS.—If an Indian compact and a funding agreement. TRIBES.— Tribe or Tribal organization eligible to enter ‘‘(2) RECEIPT OF GRANT NOT REQUIRED.—Re- ‘‘(1) IN GENERAL.— into a self-determination contract or a com- ceipt of a grant under paragraph (1) shall not ‘‘(A) ELIGIBILITY.—The Secretary, acting pact or funding agreement fully or partially be a requirement of participation in self-gov- through the Director of the Office of Self- withdraws from a participating Tribal orga- ernance.’’. Governance, may select not more than 50 nization, the withdrawing Indian Tribe— (d) FUNDING AGREEMENTS.—Section 403 of new Indian Tribes per year from those tribes ‘‘(i) may elect to enter into a self-deter- the Indian Self-Determination and Edu- eligible under subsection (c) to participate in mination contract or compact, in which cation Assistance Act (25 U.S.C. 5363) is self-governance. case— amended— ‘‘(B) JOINT PARTICIPATION.—On the request ‘‘(I) the withdrawing Indian Tribe or Tribal (1) by striking subsection (a) and inserting of each participating Indian Tribe, 2 or more organization shall be entitled to its Tribal the following: otherwise eligible Indian Tribes may be share of unexpended funds and resources sup- ‘‘(a) AUTHORIZATION.—The Secretary shall, treated as a single Indian Tribe for the pur- porting the programs that the Indian Tribe on the request of any Indian Tribe or Tribal pose of participating in self-governance. will be carrying out under its own self-deter- organization, negotiate and enter into a ‘‘(2) OTHER AUTHORIZED INDIAN TRIBE OR mination contract or compact and funding written funding agreement with the gov- TRIBAL ORGANIZATION.—If an Indian Tribe au- agreement (calculated on the same basis as erning body of the Indian Tribe or the Tribal thorizes another Indian Tribe or a Tribal or- the funds were initially allocated to the organization in a manner consistent with— ganization to plan for or carry out a program funding agreement of the Tribal organiza- ‘‘(1) the trust responsibility of the Federal on its behalf under this title, the authorized tion); and Government, treaty obligations, and the gov- Indian Tribe or Tribal organization shall ‘‘(II) the funds referred to in subclause (I) ernment-to-government relationship be- have the rights and responsibilities of the shall be withdrawn by the Secretary from tween Indian Tribes and the United States; authorizing Indian Tribe (except as other- the funding agreement of the Tribal organi- and wise provided in the authorizing resolution). zation and transferred to the withdrawing ‘‘(2) subsection (b).’’; ‘‘(3) JOINT PARTICIPATION AS ORGANIZA- Indian Tribe, on the condition that sections (2) in subsection (b)— TION.—Two or more Indian Tribes that are 102 and 105(i), as appropriate, shall apply to (A) in paragraph (1)— not otherwise eligible under subsection (c) the withdrawing Indian Tribe; or (i) in the matter preceding subparagraph may be treated as a single Indian Tribe for ‘‘(ii) may elect not to enter into a self-de- (A), by striking ‘‘without regard to the agen- the purpose of participating in self-govern- termination contract or compact, in which cy or office of the Bureau of Indian Affairs’’ ance as a Tribal organization if— case all unexpended funds and resources as- and inserting ‘‘the Office of the Assistant ‘‘(A) each Indian Tribe so requests; and sociated with the withdrawing Indian Tribe’s Secretary for Indian Affairs, and the Office ‘‘(B) the Tribal organization itself, or at returned programs (calculated on the same of the Special Trustee for American Indians, least one of the Indian Tribes participating basis as the funds were initially allocated to without regard to the agency or office of in the Tribal organization, is eligible under the funding agreement of the Tribal organi- that Bureau or those Offices’’; subsection (c). zation) shall be returned by the Tribal orga- (ii) by redesignating subparagraphs (A) and ‘‘(4) TRIBAL WITHDRAWAL FROM A TRIBAL OR- nization to the Secretary for operation of (B) as clauses (i) and (ii), respectively, and GANIZATION.— the programs included in the withdrawal. indenting the margins of such clauses ac- ‘‘(A) IN GENERAL.—An Indian Tribe that ‘‘(F) RETURN TO MATURE CONTRACT STA- cordingly; withdraws from participation in a Tribal or- TUS.—If an Indian Tribe elects to operate all (iii) by striking ‘‘including any program’’ ganization, in whole or in part, shall be enti- or some programs carried out under a com- and inserting the following: ‘‘including— tled to participate in self-governance if the pact or funding agreement under this title ‘‘(A) any program’’; Indian Tribe is eligible under subsection (c). through a self-determination contract under (iv) in subparagraph (A)—

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.075 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4655 (I) in clause (i), as redesignated by clause without the consent of the Indian Tribe, un- title, as in effect on the date of enactment of (ii), by striking the semicolon at the end and less such terms are required by Federal law. the PROGRESS for Indian Tribes Act, shall inserting ‘‘; and’’; and ‘‘(o) EFFECTIVE DATE.—A funding agree- have the option at any time after that date— (II) in clause (ii), as so redesignated, by ment shall become effective on the date ‘‘(1) to retain its negotiated compact (in striking ‘‘and’’ after the semicolon; specified in the funding agreement. whole or in part) to the extent that the pro- (v) by redesignating subparagraph (C) as ‘‘(p) EXISTING AND SUBSEQUENT FUNDING visions of the compact are not directly con- subparagraph (B); AGREEMENTS.— trary to any express provision of this title; (vi) in subparagraph (B), as redesignated by ‘‘(1) SUBSEQUENT FUNDING AGREEMENTS.— or clause (v), by striking the semicolon and in- Absent notification from an Indian Tribe ‘‘(2) to negotiate a new compact in a man- serting ‘‘; and’’; and that the Indian Tribe is withdrawing or ret- ner consistent with this title. (vii) by adding at the end the following: roceding the operation of one or more pro- ‘‘SEC. 405. GENERAL PROVISIONS. ‘‘(C) any other program, service, function, grams identified in a funding agreement, or or activity (or portion thereof) that is pro- unless otherwise agreed to by the parties to ‘‘(a) APPLICABILITY.—An Indian Tribe and vided through the Bureau of Indian Affairs, the funding agreement or by the nature of the Secretary shall include in any compact the Office of the Assistant Secretary for In- any noncontinuing program, service, func- or funding agreement provisions that reflect dian Affairs, or the Office of the Special tion, or activity contained in a funding the requirements of this title. Trustee for American Indians with respect to agreement— ‘‘(b) CONFLICTS OF INTEREST.—An Indian which Indian Tribes or Indians are primary ‘‘(A) a funding agreement shall remain in Tribe participating in self-governance shall or significant beneficiaries;’’; full force and effect until a subsequent fund- ensure that internal measures are in place to (B) in paragraph (2)— ing agreement is executed, with funding paid address, pursuant to Tribal law and proce- (i) by striking ‘‘section 405(c)’’ and insert- annually for each fiscal year the agreement dures, conflicts of interest in the administra- ing ‘‘section 412(c)’’; and is in effect; and tion of programs. (ii) by inserting ‘‘and’’ after the semicolon ‘‘(B) the term of the subsequent funding ‘‘(c) AUDITS.— at the end; agreement shall be retroactive to the end of ‘‘(1) SINGLE AGENCY AUDIT ACT.—Chapter 75 (C) in paragraph (3), by striking the semi- the term of the preceding funding agreement of title 31, United States Code, shall apply to colon at the end and inserting a period; and for the purposes of calculating the amount of a funding agreement under this title. (D) by striking paragraphs (4) through (9); funding to which the Indian Tribe is entitled. ‘‘(2) COST PRINCIPLES.—An Indian Tribe (3) in subsection (f)— ‘‘(2) DISPUTES.—Disputes over the imple- shall apply cost principles under the applica- (A) in the subsection heading, by striking mentation of paragraph (1)(A) shall be sub- ble Office of Management and Budget cir- ‘‘FOR REVIEW’’; ject to section 406(c). cular, except as modified by— (B) by striking ‘‘such agreement to—’’ and ‘‘(3) EXISTING FUNDING AGREEMENTS.—An ‘‘(A) any provision of law, including sec- all that follows through ‘‘Indian tribe’’ and Indian Tribe that was participating in self- tion 106; or inserting ‘‘such agreement to each Indian governance under this title on the date of en- ‘‘(B) any exemptions to applicable Office of Tribe’’; actment of the PROGRESS for Indian Tribes Management and Budget circulars subse- (C) by striking ‘‘agreement;’’ and inserting Act shall have the option at any time after quently granted by the Office of Manage- ‘‘agreement.’’; and that date— ment and Budget. (D) by striking paragraphs (2) and (3); ‘‘(A) to retain its existing funding agree- ‘‘(3) FEDERAL CLAIMS.—Any claim by the (4) in subsection (k), by striking ‘‘section ment (in whole or in part) to the extent that Federal Government against an Indian Tribe 405(c)(1)’’ and inserting ‘‘section 412(c)’’; and the provisions of that funding agreement are relating to funds received under a funding (5) by adding at the end the following: not directly contrary to any express provi- agreement based on any audit under this ‘‘(m) OTHER PROVISIONS.— sion of this title; or subsection shall be subject to section 106(f). ‘‘(1) EXCLUDED FUNDING.—A funding agree- ‘‘(B) to negotiate a new funding agreement ‘‘(d) REDESIGN AND CONSOLIDATION.—Except ment shall not authorize an Indian Tribe to in a manner consistent with this title. plan, conduct, administer, or receive Tribal as provided in section 407, an Indian Tribe ‘‘(4) MULTIYEAR FUNDING AGREEMENTS.—An may redesign or consolidate programs, or re- share funding under any program that— Indian Tribe may, at the discretion of the In- ‘‘(A) is provided under the Tribally Con- allocate funds for programs, in a compact or dian Tribe, negotiate with the Secretary for funding agreement in any manner that the trolled Colleges and Universities Assistance a funding agreement with a term that ex- Act of 1978 (25 U.S.C. 1801 et seq.); or Indian Tribe determines to be in the best in- ceeds 1 year.’’. terest of the Indian community being ‘‘(B) is provided for elementary and sec- (e) GENERAL REVISIONS.—Title IV of the In- ondary schools under the formula developed served— dian Self-Determination and Education As- ‘‘(1) so long as the redesign or consolida- under section 1127 of the Education Amend- sistance Act (25 U.S.C. 5361 et seq.) is amend- ments of 1978 (25 U.S.C. 2007). tion does not have the effect of denying eli- ed by striking sections 404 through 408 and gibility for services to population groups ‘‘(2) SERVICES, FUNCTIONS, AND RESPONSIBIL- inserting the following: otherwise eligible to be served under applica- ITIES.—A funding agreement shall specify— ‘‘SEC. 404. COMPACTS. ble Federal law; and ‘‘(A) the services to be provided under the ‘‘(a) IN GENERAL.—The Secretary shall ne- funding agreement; ‘‘(2) except that, with respect to the re- gotiate and enter into a written compact allocation, consolidation, and redesign of ‘‘(B) the functions to be performed under with each Indian Tribe participating in self- the funding agreement; and programs described in subsection (b)(2) or (c) governance in a manner consistent with the of section 403, a joint agreement between the ‘‘(C) the responsibilities of the Indian Tribe trust responsibility of the Federal Govern- and the Secretary under the funding agree- Secretary and the Indian Tribe shall be re- ment, treaty obligations, and the govern- quired. ment. ment-to-government relationship between ‘‘(3) BASE BUDGET.— ‘‘(e) RETROCESSION.— Indian Tribes and the United States. ‘‘(1) IN GENERAL.—An Indian Tribe may ‘‘(A) IN GENERAL.—A funding agreement ‘‘(b) CONTENTS.—A compact under sub- fully or partially retrocede to the Secretary shall, at the option of the Indian Tribe, pro- section (a) shall— any program under a compact or funding vide for a stable base budget specifying the ‘‘(1) specify and affirm the general terms of agreement. recurring funds (which may include funds the government-to-government relationship ‘‘(2) EFFECTIVE DATE.— available under section 106(a)) to be trans- between the Indian Tribe and the Secretary; ‘‘(A) AGREEMENT.—Unless an Indian Tribe ferred to the Indian Tribe, for such period as and rescinds a request for retrocession under the Indian Tribe specifies in the funding ‘‘(2) include such terms as the parties in- paragraph (1), the retrocession shall become agreement, subject to annual adjustment tend shall control during the term of the effective on the date specified by the parties only to reflect changes in congressional ap- compact. in the compact or funding agreement. propriations. ‘‘(c) AMENDMENT.—A compact under sub- O AGREEMENT.—In the absence of a ‘‘(B) LIMITATIONS.—Notwithstanding sub- section (a) may be amended only by agree- ‘‘(B) N specification of an effective date in the com- paragraph (A), a funding agreement shall not ment of the parties. specify funding associated with a program ‘‘(d) EFFECTIVE DATE.—The effective date pact or funding agreement, the retrocession described in subsection (b)(2) or (c) unless of a compact under subsection (a) shall be— shall become effective on— the Secretary agrees. ‘‘(1) the date of the execution of the com- ‘‘(i) the earlier of— ‘‘(4) NO WAIVER OF TRUST RESPONSIBILITY.— pact by the parties; or ‘‘(I) 1 year after the date on which the re- A funding agreement shall prohibit the Sec- ‘‘(2) such date as is mutually agreed upon quest is submitted; and retary from waiving, modifying, or dimin- by the parties. ‘‘(II) the date on which the funding agree- ishing in any way the trust responsibility of ‘‘(e) DURATION.—A compact under sub- ment expires; or the United States with respect to Indian section (a) shall remain in effect— ‘‘(ii) such date as may be mutually agreed Tribes and individual Indians that exists ‘‘(1) for so long as permitted by Federal upon by the Secretary and the Indian Tribe. under treaties, Executive orders, court deci- law; or ‘‘(f) NONDUPLICATION.—A funding agree- sions, and other laws. ‘‘(2) until termination by written agree- ment shall provide that, for the period for ‘‘(n) AMENDMENT.—The Secretary shall not ment, retrocession, or reassumption. which, and to the extent to which, funding is revise, amend, or require additional terms in ‘‘(f) EXISTING COMPACTS.—An Indian Tribe provided to an Indian Tribe under this title, a new or subsequent funding agreement participating in self-governance under this the Indian Tribe—

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.075 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4656 CONGRESSIONAL RECORD — SENATE June 27, 2019 ‘‘(1) shall not be entitled to contract with compact or funding agreement (including that the Secretary did not reject, subject to the Secretary for funds under section 102, ex- funding levels), the Indian Tribe may submit any additional alterations necessary to con- cept that the Indian Tribe shall be eligible a final offer to the Secretary. form the compact or funding agreement to for new programs on the same basis as other ‘‘(2) DETERMINATION.—Not more than 60 the severed provisions. Indian Tribes; and days after the date of receipt of a final offer ‘‘(B) EFFECT OF EXERCISING CERTAIN OP- ‘‘(2) shall be responsible for the adminis- by one or more of the officials designated TION.—If an Indian Tribe exercises the option tration of programs in accordance with the pursuant to paragraph (4), the Secretary specified in subparagraph (A)(iv)— compact or funding agreement. shall review and make a determination with ‘‘(i) the Indian Tribe shall retain the right ‘‘(g) RECORDS.— respect to the final offer, except that the 60- to appeal the rejection by the Secretary ‘‘(1) IN GENERAL.—Unless an Indian Tribe day period may be extended for up to 30 days under this section; and specifies otherwise in the compact or fund- for circumstances beyond the control of the ‘‘(ii) clauses (i), (ii), and (iii) of subpara- ing agreement, records of an Indian Tribe Secretary, upon written request by the Sec- graph (A) shall apply only to the portion of shall not be considered to be Federal records retary to the Indian tribe. the proposed final compact or funding agree- for purposes of chapter 5 of title 5, United ‘‘(3) EXTENSIONS.—The deadline described ment that was rejected by the Secretary. States Code. in paragraph (2) may be extended for any ‘‘(d) BURDEN OF PROOF.—In any administra- ‘‘(2) RECORDKEEPING SYSTEM.—An Indian length of time, as agreed upon by both the tive action, hearing, appeal, or civil action Tribe shall— Indian Tribe and the Secretary. brought under this section, the Secretary ‘‘(A) maintain a recordkeeping system; and ‘‘(4) DESIGNATED OFFICIALS.— shall have the burden of proof— ‘‘(B) on a notice period of not less than 30 ‘‘(A) IN GENERAL.—The Secretary shall des- ‘‘(1) of demonstrating, by a preponderance days, provide the Secretary with reasonable ignate one or more appropriate officials in of the evidence, the validity of the grounds access to the records to enable the Depart- the Department to receive a copy of the final for a reassumption under subsection (b); and ment to meet the requirements of sections offer described in paragraph (1). ‘‘(2) of clearly demonstrating the validity 3101 through 3106 of title 44, United States ‘‘(B) NO DESIGNATION.—If no official is des- of the grounds for rejecting a final offer Code. ignated, the Director of the Office of the Ex- made under subsection (c). ‘‘SEC. 406. PROVISIONS RELATING TO THE SEC- ecutive Secretariat and Regulatory Affairs ‘‘(e) GOOD FAITH.— RETARY. shall be the designated official. ‘‘(1) IN GENERAL.—In the negotiation of ‘‘(a) TRUST EVALUATIONS.—A funding ‘‘(5) NO TIMELY DETERMINATION.—If the Sec- compacts and funding agreements, the Sec- agreement shall include a provision to mon- retary fails to make a determination with retary shall at all times negotiate in good itor the performance of trust functions by respect to a final offer within the period faith to maximize implementation of the the Indian Tribe through the annual trust specified in paragraph (2), including any ex- self-governance policy. evaluation. tension agreed to under paragraph (3), the ‘‘(2) POLICY.—The Secretary shall carry out ‘‘(b) REASSUMPTION.— Secretary shall be deemed to have agreed to this title in a manner that maximizes the ‘‘(1) IN GENERAL.—A compact or funding the offer, except that with respect to any policy of Tribal self-governance. agreement shall include provisions for the compact or funding agreement provision ‘‘(f) SAVINGS.— Secretary to reassume a program and associ- concerning a program described under sec- ‘‘(1) IN GENERAL.—To the extent that pro- ated funding if there is a specific finding re- tion 403(c), the Secretary shall be deemed to grams carried out for the benefit of Indian lating to that program of— have rejected the offer with respect to such Tribes and Tribal organizations under this ‘‘(A) imminent jeopardy to a trust asset, a provision and the terms of clauses (ii) title reduce the administrative or other re- natural resource, or public health and safety through (iv) of paragraphs (6)(A) shall apply. sponsibilities of the Secretary with respect that— ‘‘(6) REJECTION OF FINAL OFFER.— to the operation of Indian programs and re- ‘‘(i) is caused by an act or omission of the ‘‘(A) IN GENERAL.—If the Secretary rejects sult in savings that have not otherwise been Indian Tribe; and a final offer (or one or more provisions or included in the amount of Tribal shares and ‘‘(ii) arises out of a failure to carry out the funding levels in a final offer), the Secretary other funds determined under section 408(c), compact or funding agreement; or shall— except for funding agreements entered into ‘‘(B) gross mismanagement with respect to ‘‘(i) provide timely written notification to for programs under section 403(c), the Sec- funds transferred to an Indian Tribe under a the Indian Tribe that contains a specific retary shall make such savings available to compact or funding agreement, as deter- finding that clearly demonstrates, or that is the Indian Tribes or Tribal organizations for mined by the Secretary in consultation with supported by a controlling legal authority, the provision of additional services to pro- the Inspector General, as appropriate. that— gram beneficiaries in a manner equitable to ‘‘(2) PROHIBITION.—The Secretary shall not ‘‘(I) the amount of funds proposed in the directly served, contracted, and compacted reassume operation of a program, in whole or final offer exceeds the applicable funding programs. part, unless— level as determined under section 106(a)(1); ‘‘(2) DISCRETIONARY PROGRAMS OF SPECIAL ‘‘(A) the Secretary first provides written ‘‘(II) the program that is the subject of the SIGNIFICANCE.—For any savings generated as notice and a hearing on the record to the In- final offer is an inherent Federal function or a result of the assumption of a program by dian Tribe; and is subject to the discretion of the Secretary an Indian Tribe under section 403(c), such ‘‘(B) the Indian Tribe does not take correc- under section 403(c); savings shall be made available to that In- tive action to remedy the mismanagement of ‘‘(III) the Indian Tribe cannot carry out dian Tribe. the funds or programs, or the imminent jeop- the program in a manner that would not re- ‘‘(g) TRUST RESPONSIBILITY.—The Sec- ardy to a trust asset, natural resource, or sult in significant danger or risk to the pub- retary may not waive, modify, or diminish in public health and safety. lic health or safety, to natural resources, or any way the trust responsibility of the ‘‘(3) EXCEPTION.— to trust resources; United States with respect to Indian Tribes ‘‘(A) IN GENERAL.—Notwithstanding para- ‘‘(IV) the Indian Tribe is not eligible to and individual Indians that exists under graph (2), the Secretary may, on written no- participate in self-governance under section treaties, Executive orders, other laws, or tice to the Indian Tribe, immediately re- 402(c); court decisions. assume operation of a program if— ‘‘(V) the funding agreement would violate ‘‘(h) DECISION MAKER.—A decision that ‘‘(i) the Secretary makes a finding of im- a Federal statute or regulation; or constitutes final agency action and relates minent and substantial jeopardy and irrep- ‘‘(VI) with respect to a program or portion to an appeal within the Department con- arable harm to a trust asset, a natural re- of a program included in a final offer pursu- ducted under subsection (c)(6)(A)(iii) may be source, or the public health and safety ant to section 403(b)(2), the program or the made by— caused by an act or omission of the Indian portion of the program is not otherwise ‘‘(1) an official of the Department who Tribe; and available to Indian Tribes or Indians under holds a position at a higher organizational ‘‘(ii) the imminent and substantial jeop- section 102(a)(1)(E); level within the Department than the level ardy and irreparable harm to the trust asset, ‘‘(ii) provide technical assistance to over- of the departmental agency in which the de- natural resource, or public health and safety come the objections stated in the notifica- cision that is the subject of the appeal was arises out of a failure by the Indian Tribe to tion required by clause (i); made; or carry out the terms of an applicable compact ‘‘(iii) provide the Indian Tribe with a hear- ‘‘(2) an administrative law judge. or funding agreement. ing on the record with the right to engage in ‘‘(i) RULES OF CONSTRUCTION.—Subject to ‘‘(B) REASSUMPTION.—If the Secretary re- full discovery relevant to any issue raised in section 101(a) of the PROGRESS for Indian assumes operation of a program under sub- the matter, and the opportunity for appeal Tribes Act, each provision of this title and paragraph (A), the Secretary shall provide on the objections raised, except that the In- each provision of a compact or funding the Indian Tribe with a hearing on the dian Tribe may, in lieu of filing such appeal, agreement shall be liberally construed for record not later than 10 days after the date directly proceed to initiate an action in a the benefit of the Indian Tribe participating of reassumption. United States district court under section in self-governance, and any ambiguity shall ‘‘(c) INABILITY TO AGREE ON COMPACT OR 110(a); and be resolved in favor of the Indian Tribe. FUNDING AGREEMENT.— ‘‘(iv) provide the Indian Tribe the option of ‘‘SEC. 407. CONSTRUCTION PROGRAMS AND ‘‘(1) FINAL OFFER.—If the Secretary and a entering into the severable portions of a PROJECTS. participating Indian Tribe are unable to final proposed compact or funding agreement ‘‘(a) IN GENERAL.—Indian Tribes partici- agree, in whole or in part, on the terms of a (including a lesser funding amount, if any), pating in Tribal self-governance may carry

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out any construction project included in a meet changes in scope, or errors or omissions ‘‘(1) IN GENERAL.—Subject to subsection (e) compact or funding agreement under this in design and construction; and and sections 403 and 405, the Secretary shall title. ‘‘(H) the agreement of the Secretary to provide funds to the Indian Tribe under a ‘‘(b) TRIBAL OPTION TO CARRY OUT CERTAIN issue a certificate of occupancy, if requested funding agreement for programs in an FEDERAL ENVIRONMENTAL ACTIVITIES.—In by the Indian Tribe, based upon the review amount that is equal to the amount that the carrying out a construction project under and verification by the Secretary, to the sat- Indian Tribe would have been entitled to re- this title, an Indian Tribe may, subject to isfaction of the Secretary, that the Indian ceive under contracts and grants under this the agreement of the Secretary, elect to as- Tribe has secured upon completion the re- Act (including amounts for direct program sume some Federal responsibilities under the view and approval of the plans and specifica- and contract support costs and, in addition, National Environmental Policy Act of 1969 tions, sufficiency of design, life safety, and any funds that are specifically or function- (42 U.S.C. 4321 et seq.), division A of subtitle code compliance by qualified, licensed, and ally related to the provision by the Sec- III of title 54, United States Code, and re- independent architects and engineers. retary of services and benefits to the Indian lated provisions of other law and regulations ‘‘(f) FUNDING.— Tribe or its members) without regard to the that would apply if the Secretary were to un- ‘‘(1) IN GENERAL.—Funding appropriated for organization level within the Department at dertake a construction project, by adopting construction projects carried out under this which the programs are carried out. a resolution— title shall be included in funding agreements ‘‘(2) SAVINGS CLAUSE.—Nothing in this sec- ‘‘(1) designating a certifying Tribal officer as annual or semiannual advance payments tion reduces programs, services, or funds of, to represent the Indian Tribe and to assume at the option of the Indian Tribe. or provided to, another Indian Tribe. the status of a responsible Federal official ‘‘(2) ADVANCE PAYMENTS.—The Secretary ‘‘(d) TIMING.— under those Acts, laws, or regulations; and shall include all associated project contin- ‘‘(1) IN GENERAL.—Pursuant to the terms of ‘‘(2) accepting the jurisdiction of the gency funds with each advance payment, and any compact or funding agreement entered United States courts for the purpose of en- the Indian Tribe shall be responsible for the into under this title, the Secretary shall forcing the responsibilities of the certifying management of such contingency funds. transfer to the Indian Tribe all funds pro- Tribal officer assuming the status of a re- ‘‘(g) NEGOTIATIONS.—At the option of the vided for in the funding agreement, pursuant sponsible Federal official under those Acts, Indian Tribe, construction project funding to subsection (c), and provide funding for pe- laws, or regulations. proposals shall be negotiated pursuant to the riods covered by joint resolution adopted by ‘‘(c) SAVINGS CLAUSE.—Notwithstanding statutory process in section 105, and any re- Congress making continuing appropriations, subsection (b), nothing in this section au- sulting construction project agreement shall to the extent permitted by such resolution. thorizes the Secretary to include in any be incorporated into the funding agreement ‘‘(2) TRANSFERS.—Not later than 1 year compact or funding agreement duties of the as addenda. after the date of enactment of the Secretary under the National Environmental ‘‘(h) FEDERAL REVIEW AND VERIFICATION.— PROGRESS for Indian Tribes Act, in any in- Policy Act of 1969 (42 U.S.C. 4321 et seq.), di- ‘‘(1) IN GENERAL.—On a schedule negotiated stance in which a funding agreement re- vision A of subtitle III of title 54, United by the Secretary and the Indian Tribe— quires an annual transfer of funding to be States Code, and other related provisions of ‘‘(A) the Secretary shall review and verify, made at the beginning of a fiscal year or re- law that are inherent Federal functions. to the satisfaction of the Secretary, that quires semiannual or other periodic transfers ‘‘(d) CODES AND STANDARDS.—In carrying of funding to be made commencing at the be- out a construction project under this title, project planning and design documents pre- pared by the Indian Tribe in advance of ini- ginning of a fiscal year, the first such trans- an Indian Tribe shall— fer shall be made not later than 10 days after ‘‘(1) adhere to applicable Federal, State, tial construction are in conformity with the obligations of the Indian Tribe under sub- the apportionment of such funds by the Of- local, and Tribal building codes, architec- fice of Management and Budget to the De- tural and engineering standards, and applica- section (d); and ‘‘(B) before the project planning and design partment, unless the funding agreement pro- ble Federal guidelines regarding design, vides otherwise. space, and operational standards, appro- documents are implemented, the Secretary shall review and verify to the satisfaction of ‘‘(e) AVAILABILITY.—Funds for trust serv- priate for the particular project; and ices to individual Indians shall be available ‘‘(2) use only architects and engineers the Secretary that subsequent document amendments which result in a significant under a funding agreement only to the ex- who— tent that the same services that would have change in construction are in conformity ‘‘(A) are licensed to practice in the State been provided by the Secretary are provided with the obligations of the Indian Tribe in which the facility will be built; and to individual Indians by the Indian Tribe. under subsection (d). ‘‘(B) certify that— ‘‘(f) MULTIYEAR FUNDING.—A funding agree- ‘‘(i) they are qualified to perform the work ‘‘(2) REPORTS.—The Indian Tribe shall pro- ment may provide for multiyear funding. required by the specific construction in- vide the Secretary with project progress and ‘‘(g) LIMITATIONS ON AUTHORITY OF THE volved; and financial reports not less than semiannually. SECRETARY.—The Secretary shall not— ‘‘(ii) upon completion of design, the plans ‘‘(3) OVERSIGHT VISITS.—The Secretary may ‘‘(1) fail to transfer to an Indian Tribe its and specifications meet or exceed the appli- conduct onsite project oversight visits semi- full share of any central, headquarters, re- cable construction and safety codes. annually or on an alternate schedule agreed gional, area, or service unit office or other ‘‘(e) TRIBAL ACCOUNTABILITY.— to by the Secretary and the Indian Tribe. funds due under this title for programs eligi- ‘‘(1) IN GENERAL.—In carrying out a con- ‘‘(i) APPLICATION OF OTHER LAWS.—Unless ble under paragraph (1) or (2) of section struction project under this title, an Indian otherwise agreed to by the Indian Tribe and 403(b), except as required by Federal law; Tribe shall assume responsibility for the suc- except as otherwise provided in this Act, no ‘‘(2) withhold any portion of such funds for cessful completion of the construction provision of title 41, United States Code, the transfer over a period of years; or project and of a facility that is usable for the Federal Acquisition Regulation, or any other ‘‘(3) reduce the amount of funds required purpose for which the Indian Tribe received law or regulation pertaining to Federal pro- under this title— funding. curement (including Executive orders) shall ‘‘(A) to make funding available for self- ‘‘(2) REQUIREMENTS.—For each construc- apply to any construction program or governance monitoring or administration by tion project carried out by an Indian Tribe project carried out under this title. the Secretary; under this title, the Indian Tribe and the ‘‘(j) FUTURE FUNDING.—Upon completion of ‘‘(B) in subsequent years, except as nec- Secretary shall negotiate a provision to be a facility constructed under this title, the essary as a result of— included in the funding agreement that iden- Secretary shall include the facility among ‘‘(i) a reduction in appropriations from the tifies— those eligible for annual operation and main- previous fiscal year for the program to be in- ‘‘(A) the approximate start and completion tenance funding support comparable to that cluded in a compact or funding agreement; dates for the project, which may extend over provided for similar facilities funded by the ‘‘(ii) a congressional directive in legisla- a period of one or more years; Department as annual appropriations are tion or an accompanying report; ‘‘(B) a general description of the project, available and to the extent that the facility ‘‘(iii) a Tribal authorization; including the scope of work, references to de- size and complexity and other factors do not ‘‘(iv) a change in the amount of pass- sign criteria, and other terms and condi- exceed the funding formula criteria for com- through funds subject to the terms of the tions; parable buildings. funding agreement; or ‘‘(C) the responsibilities of the Indian Tribe ‘‘SEC. 408. PAYMENT. ‘‘(v) completion of an activity under a pro- and the Secretary for the project; ‘‘(a) IN GENERAL.—At the request of the gram for which the funds were provided; ‘‘(D) how project-related environmental governing body of an Indian Tribe and under ‘‘(C) to pay for Federal functions, includ- considerations will be addressed; the terms of an applicable funding agree- ing— ‘‘(E) the amount of funds provided for the ment, the Secretary shall provide funding to ‘‘(i) Federal pay costs; project; the Indian Tribe to carry out the funding ‘‘(ii) Federal employee retirement benefits; ‘‘(F) the obligations of the Indian Tribe to agreement. ‘‘(iii) automated data processing; comply with the codes referenced in sub- ‘‘(b) ADVANCE ANNUAL PAYMENT.—At the ‘‘(iv) technical assistance; and section (d)(1) and applicable Federal laws option of the Indian Tribe, a funding agree- ‘‘(v) monitoring of activities under this and regulations; ment shall provide for an advance annual title; or ‘‘(G) the agreement of the parties over who payment to an Indian Tribe. ‘‘(D) to pay for costs of Federal personnel will bear any additional costs necessary to ‘‘(c) AMOUNT.— displaced by self-determination contracts

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.075 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4658 CONGRESSIONAL RECORD — SENATE June 27, 2019 under this Act or self-governance under this of the PROGRESS for Indian Tribes Act ap- ‘‘SEC. 412. REPORTS. title. plies to subsections (a) through (m). ‘‘(a) IN GENERAL.— ‘‘(h) FEDERAL RESOURCES.—If an Indian ‘‘SEC. 409. FACILITATION. ‘‘(1) REQUIREMENT.—On January 1 of each Tribe elects to carry out a compact or fund- ‘‘(a) IN GENERAL.—Except as otherwise pro- year, the Secretary shall submit to Congress ing agreement with the use of Federal per- vided by law (including section 101(a) of the a report regarding the administration of this sonnel, Federal supplies (including supplies PROGRESS for Indian Tribes Act), the Sec- title. available from Federal warehouse facilities), retary shall interpret each Federal law and ‘‘(2) ANALYSIS.—Any Indian Tribe may sub- Federal supply sources (including lodging, regulation in a manner that facilitates— mit to the Office of Self-Governance and to airline transportation, and other means of ‘‘(1) the inclusion of programs in funding the appropriate committees of Congress a de- transportation, including the use of inter- agreements; and tailed annual analysis of unmet Tribal needs agency motor pool vehicles), or other Fed- ‘‘(2) the implementation of funding agree- for funding agreements under this title. eral resources (including supplies, services, ments. ‘‘(b) CONTENTS.—The report under sub- and resources available to the Secretary ‘‘(b) REGULATION WAIVER.— section (a)(1) shall— under any procurement contracts in which ‘‘(1) REQUEST.—An Indian Tribe may sub- ‘‘(1) be compiled from information con- the Department is eligible to participate), mit to the Secretary a written request for a tained in funding agreements, annual audit the Secretary shall, as soon as practicable, waiver of applicability of a Federal regula- reports, and data of the Secretary regarding acquire and transfer such personnel, sup- tion, including— the disposition of Federal funds; plies, or resources to the Indian Tribe under ‘‘(A) an identification of the specific text ‘‘(2) identify— this title. in the regulation sought to be waived; and ‘‘(A) the relative costs and benefits of self- ‘‘(i) PROMPT PAYMENT ACT.—Chapter 39 of ‘‘(B) the basis for the request. governance; title 31, United States Code, shall apply to ‘‘(2) DETERMINATION BY THE SECRETARY.— ‘‘(B) with particularity, all funds that are the transfer of funds due under a compact or Not later than 120 days after receipt by the specifically or functionally related to the funding agreement authorized under this Secretary and the designated officials under provision by the Secretary of services and title. paragraph (4) of a request under paragraph benefits to self-governance Indian Tribes and ‘‘(j) INTEREST OR OTHER INCOME.— (1), the Secretary shall approve or deny the members of Indian Tribes; ‘‘(1) IN GENERAL.—An Indian Tribe may re- requested waiver in writing to the Indian ‘‘(C) the funds transferred to each Indian tain interest or income earned on any funds Tribe. Tribe and the corresponding reduction in the paid under a compact or funding agreement ‘‘(3) EXTENSIONS.—The deadline described Federal employees and workload; and to carry out governmental purposes. in paragraph (2) may be extended for any ‘‘(D) the funding formula for individual ‘‘(2) NO EFFECT ON OTHER AMOUNTS.—The length of time, as agreed upon by both the Tribal shares of all Central Office funds, to- retention of interest or income under para- Indian Tribe and the Secretary. gether with the comments of affected Indian Tribes, developed under subsection (d); graph (1) shall not diminish the amount of ‘‘(4) DESIGNATED OFFICIALS.—The Secretary funds an Indian Tribe is entitled to receive shall designate one or more appropriate offi- ‘‘(3) before being submitted to Congress, be under a funding agreement in the year the cials in the Department to receive a copy of distributed to the Indian Tribes for comment interest or income is earned or in any subse- the waiver request described in paragraph (with a comment period of not less than 30 days); quent fiscal year. (1). ‘‘(4) include the separate views and com- ‘‘(3) INVESTMENT STANDARD.—Funds trans- ‘‘(5) GROUNDS FOR DENIAL.—The Secretary ments of each Indian Tribe or Tribal organi- ferred under this title shall be managed by may deny a request under paragraph (1) upon zation; and the Indian Tribe using the prudent invest- a specific finding by the Secretary that the ‘‘(5) include a list of— ment standard, provided that the Secretary identified text in the regulation may not be ‘‘(A) all such programs that the Secretary shall not be liable for any investment losses waived because such a waiver is prohibited determines, in consultation with Indian of funds managed by the Indian Tribe that by Federal law. Tribes participating in self-governance, are are not otherwise guaranteed or insured by ‘‘(6) FAILURE TO MAKE DETERMINATION.—If eligible for negotiation to be included in a the Federal Government. the Secretary fails to make a determination funding agreement at the request of a par- ‘‘(k) CARRYOVER OF FUNDS.— with respect to a waiver request within the ticipating Indian Tribe; and ‘‘(1) IN GENERAL.—Notwithstanding any period specified in paragraph (2) (including ‘‘(B) all such programs which Indian Tribes provision of an appropriations Act, all funds any extension agreed to under paragraph (3)), have formally requested to include in a fund- paid to an Indian Tribe in accordance with a the Secretary shall be deemed to have agreed ing agreement under section 403(c) due to the compact or funding agreement shall remain to the request, except that for a waiver re- special geographic, historical, or cultural available until expended. quest relating to programs eligible under significance of the program to the Indian ‘‘(2) EFFECT OF CARRYOVER.—If an Indian section 403(b)(2) or section 403(c), the Sec- Tribe, indicating whether each request was Tribe elects to carry over funding from one retary shall be deemed to have denied the re- granted or denied, and stating the grounds year to the next, the carryover shall not di- quest. for any denial. minish the amount of funds the Indian Tribe ‘‘(7) FINALITY.—A decision of the Secretary ‘‘(c) REPORT ON NON-BIA PROGRAMS.— is entitled to receive under a funding agree- under this section shall be final for the De- ‘‘(1) IN GENERAL.—In order to optimize op- ment in that fiscal year or any subsequent partment. fiscal year. portunities for including non-BIA programs ‘‘SEC. 410. DISCRETIONARY APPLICATION OF in agreements with Indian Tribes partici- ‘‘(l) LIMITATION OF COSTS.— OTHER SECTIONS. pating in self-governance under this title, ‘‘(1) IN GENERAL.—An Indian Tribe shall ‘‘(a) IN GENERAL.—Except as otherwise pro- the Secretary shall review all programs ad- not be obligated to continue performance vided in section 201(d) of the PROGRESS for ministered by the Department, other than that requires an expenditure of funds in ex- Indian Tribes Act, at the option of a partici- cess of the amount of funds transferred pating Indian Tribe or Indian Tribes, any of through the Bureau of Indian Affairs, the Of- under a compact or funding agreement. the provisions of title I may be incorporated fice of the Assistant Secretary for Indian Af- ‘‘(2) NOTICE OF INSUFFICIENCY.—If at any in any compact or funding agreement under fairs, or the Office of the Special Trustee for time the Indian Tribe has reason to believe this title. The inclusion of any such provi- American Indians, without regard to the that the total amount provided for a specific sion shall be subject to, and shall not con- agency or office concerned. activity under a compact or funding agree- flict with, section 101(a) of such Act. ‘‘(2) PROGRAMMATIC TARGETS.—The Sec- ment is insufficient, the Indian Tribe shall ‘‘(b) EFFECT.—Each incorporated provision retary shall establish programmatic targets, provide reasonable notice of such insuffi- under subsection (a) shall— after consultation with Indian Tribes par- ciency to the Secretary. ‘‘(1) have the same force and effect as if set ticipating in self-governance, to encourage ‘‘(3) SUSPENSION OF PERFORMANCE.—If, after out in full in this title; bureaus of the Department to ensure that an notice under paragraph (2), the Secretary ‘‘(2) supplement or replace any related pro- appropriate portion of those programs are does not increase the amount of funds trans- vision in this title; and available to be included in funding agree- ferred under the funding agreement, the In- ‘‘(3) apply to any agency otherwise gov- ments. dian Tribe may suspend performance of the erned by this title. ‘‘(3) PUBLICATION.—The lists under sub- activity until such time as additional funds ‘‘(c) EFFECTIVE DATE.—If an Indian Tribe section (b)(5) and targets under paragraph (2) are transferred. requests incorporation at the negotiation shall be published in the Federal Register ‘‘(4) SAVINGS CLAUSE.—Nothing in this sec- stage of a compact or funding agreement, the and made available to any Indian Tribe par- tion reduces any programs, services, or funds incorporation shall— ticipating in self-governance. of, or provided to, another Indian Tribe. ‘‘(1) be effective immediately; and ‘‘(4) ANNUAL REVIEW.— ‘‘(m) DISTRIBUTION OF FUNDS.—The Office ‘‘(2) control the negotiation and resulting ‘‘(A) IN GENERAL.—The Secretary shall an- of Self-Governance shall be responsible for compact and funding agreement. nually review and publish in the Federal distribution of all Bureau of Indian Affairs ‘‘SEC. 411. ANNUAL BUDGET LIST. Register, after consultation with Indian funds provided under this title unless other- ‘‘The Secretary shall list, in the annual Tribes participating in self-governance, re- wise agreed by the parties to an applicable budget request submitted to Congress under vised lists and programmatic targets. funding agreement. section 1105 of title 31, United States Code, ‘‘(B) CONTENTS.—In preparing the revised ‘‘(n) APPLICABILITY.—Notwithstanding any any funds proposed to be included in funding lists and programmatic targets, the Sec- other provision of this section, section 101(a) agreements authorized under this title. retary shall consider all programs that were

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Section 102 of the Indian Self-Determina- not to be contractible as a matter of law. ‘‘Section 314 of the Department of the Inte- tion and Education Assistance Act (25 U.S.C. ‘‘(d) REPORT ON CENTRAL OFFICE FUNDS.— rior and Related Agencies Appropriations 5321) is amended— Not later than January 1, 2020, the Secretary Act, 1991 (Public Law 101–512; 104 Stat. 1959), (1) in subsection (c)(2), by striking ‘‘eco- shall, in consultation with Indian Tribes, de- shall apply to compacts and funding agree- nomic enterprises’’ and all that follows velop a funding formula to determine the in- ments entered into under this title. through ‘‘except that’’ and inserting ‘‘eco- nomic enterprises (as defined in section 3 of dividual Tribal share of funds controlled by ‘‘SEC. 417. AUTHORIZATION OF APPROPRIATIONS. the Indian Financing Act of 1974 (25 U.S.C. the Central Office of the Bureau of Indian Af- ‘‘There are authorized to be appropriated 1452)), except that’’; and fairs and the Office of the Special Trustee for such sums as may be necessary to carry out (2) by adding at the end the following: inclusion in the compacts. this title.’’. ‘‘(f) GOOD FAITH REQUIREMENT.—In the ne- ‘‘SEC. 413. REGULATIONS. TITLE II—INDIAN SELF-DETERMINATION gotiation of contracts and funding agree- ‘‘(a) IN GENERAL.— SEC. 201. DEFINITIONS; REPORTING AND AUDIT ments, the Secretary shall— ‘‘(1) PROMULGATION.—Not later than 90 REQUIREMENTS; APPLICATION OF ‘‘(1) at all times negotiate in good faith to days after the date of enactment of the PROVISIONS. maximize implementation of the self-deter- PROGRESS for Indian Tribes Act, the Sec- (a) DEFINITIONS.— mination policy; and retary shall initiate procedures under sub- (1) IN GENERAL.—Section 4 of the Indian ‘‘(2) carry out this Act in a manner that chapter III of chapter 5 of title 5, United Self-Determination and Education Assist- maximizes the policy of Tribal self-deter- States Code, to negotiate and promulgate ance Act (25 U.S.C. 5304) is amended by strik- mination, in a manner consistent with— such regulations as are necessary to carry ing subsection (j) and inserting the fol- ‘‘(A) the purposes specified in section 3; out this title. lowing: and ‘‘(2) PUBLICATION OF PROPOSED REGULA- ‘‘(j) ‘self-determination contract’ means a ‘‘(B) the PROGRESS for Indian Tribes Act. TIONS.—Proposed regulations to implement contract entered into under title I (or a ‘‘(g) RULE OF CONSTRUCTION.—Subject to this title shall be published in the Federal grant or cooperative agreement used under section 101(a) of the PROGRESS for Indian Register not later than 21 months after the section 9) between a Tribal organization and Tribes Act, each provision of this Act and date of enactment of the PROGRESS for In- the appropriate Secretary for the planning, each provision of a contract or funding dian Tribes Act. conduct, and administration of programs or agreement shall be liberally construed for ‘‘(3) EXPIRATION OF AUTHORITY.—The au- services that are otherwise provided to In- the benefit of the Indian Tribe participating thority to promulgate regulations under dian Tribes and members of Indian Tribes in self-determination, and any ambiguity paragraph (1) shall expire on the date that is pursuant to Federal law, subject to the con- shall be resolved in favor of the Indian 30 months after the date of enactment of the dition that, except as provided in section Tribe.’’. PROGRESS for Indian Tribes Act. 105(a)(3), no contract entered into under title SEC. 203. ADMINISTRATIVE PROVISIONS. ‘‘(b) COMMITTEE.— I (or grant or cooperative agreement used Section 105 of the Indian Self-Determina- ‘‘(1) MEMBERSHIP.—A negotiated rule- under section 9) shall be— tion and Education Assistance Act (25 U.S.C. making committee established pursuant to ‘‘(1) considered to be a procurement con- 5324) is amended— section 565 of title 5, United States Code, to tract; or (1) in subsection (b), in the first sentence, carry out this section shall have as its mem- ‘‘(2) except as provided in section 107(a)(1), by striking ‘‘pursuant to’’ and all that fol- bers only representatives of the Federal Gov- subject to any Federal procurement law (in- lows through ‘‘of this Act’’ and inserting ernment and Tribal government. cluding regulations);’’. ‘‘pursuant to sections 102 and 103’’; and ‘‘(2) LEAD AGENCY.—Among the Federal (2) TECHNICAL AMENDMENTS.—Section 4 of (2) by adding at the end the following: representatives described in paragraph (1), the Indian Self-Determination and Edu- ‘‘(p) INTERPRETATION BY SECRETARY.—Ex- the Office of Self-Governance shall be the cation Assistance Act (25 U.S.C. 5304), as cept as otherwise provided by law, the Sec- lead agency for the Department. amended by paragraph (1), is further amend- retary shall interpret all Federal laws (in- ‘‘(c) ADAPTATION OF PROCEDURES.—The ed— cluding regulations) and Executive orders in Secretary shall adapt the negotiated rule- (A) in subsection (e), by striking ‘‘ ‘Indian a manner that facilitates, to the maximum making procedures to the unique context of tribe’ means’’ and inserting ‘‘ ‘Indian tribe’ extent practicable— self-governance and the government-to-gov- or ‘Indian Tribe’ means’’; and ‘‘(1) the inclusion in self-determination ernment relationship between the United (B) in subsection (l), by striking ‘‘ ‘tribal contracts and funding agreements of— States and Indian Tribes. organization’ means’’ and inserting ‘‘ ‘Tribal ‘‘(A) applicable programs, services, func- ‘‘(d) EFFECT.— organization’ or ‘tribal organization’ tions, and activities (or portions thereof); ‘‘(1) REPEAL.—The Secretary may repeal means’’. and any regulation that is inconsistent with this (b) REPORTING AND AUDIT REQUIREMENTS.— ‘‘(B) funds associated with those programs, Act. Section 5 of the Indian Self-Determination services, functions, and activities; ‘‘(2) CONFLICTING PROVISIONS.—Subject to and Education Assistance Act (25 U.S.C. 5305) ‘‘(2) the implementation of self-determina- section 101(a) of the PROGRESS for Indian is amended— tion contracts and funding agreements; and Tribes Act and except with respect to pro- (1) in subsection (b)— ‘‘(3) the achievement of Tribal health ob- grams described under section 403(c), this (A) by striking ‘‘after completion of the jectives. title shall supersede any conflicting provi- project or undertaking referred to in the pre- ‘‘(q)(1) TECHNICAL ASSISTANCE FOR INTER- sion of law (including any conflicting regula- ceding subsection of this section’’ and insert- NAL CONTROLS.—In considering proposals for, tions). ing ‘‘after the retention period for the report amendments to, or in the course of, a con- ‘‘(3) EFFECTIVENESS WITHOUT REGARD TO that is submitted to the Secretary under tract under this title and compacts under ti- REGULATIONS.—The lack of promulgated reg- subsection (a)’’; and tles IV and V of this Act, if the Secretary de- ulations on an issue shall not limit the effect (B) by adding at the end the following: termines that the Indian Tribe lacks ade- or implementation of this title. ‘‘The retention period shall be defined in reg- quate internal controls necessary to manage ‘‘SEC. 414. EFFECT OF CIRCULARS, POLICIES, ulations promulgated by the Secretary pur- the contracted program or programs, the MANUALS, GUIDANCE, AND RULES. suant to section 413.’’; and Secretary shall, as soon as practicable, pro- ‘‘Unless expressly agreed to by a partici- (2) in subsection (f)(1), by inserting ‘‘if the vide the necessary technical assistance to as- pating Indian Tribe in a compact or funding Indian Tribal organization expends $500,000 sist the Indian Tribe in developing adequate agreement, the participating Indian Tribe or more in Federal awards during such fiscal internal controls. As part of that technical shall not be subject to any agency circular, year’’ after ‘‘under this Act,’’. assistance, the Secretary and the Tribe shall policy, manual, guidance, or rule adopted by (c) EFFECTIVE DATE.—The amendment develop a plan for assessing the subsequent the Department, except for— made by subsection (b)(2) shall not take ef- effectiveness of such technical assistance. ‘‘(1) the eligibility provisions of section fect until 14 months after the date of enact- The inability of the Secretary to provide 105(g); and ment of this Act. technical assistance or lack of a plan under ‘‘(2) regulations promulgated pursuant to (d) APPLICATION OF OTHER PROVISIONS.— this subsection shall not result in the re- section 413. Sections 4, 5, 6, 7, 102(c), 104, 105(a)(1), 105(f), assumption of an existing agreement, con- ‘‘SEC. 415. APPEALS. 110, and 111 of the Indian Self-Determination tract, or compact, or declination or rejection ‘‘Except as provided in section 406(d), in and Education Assistance Act (25 U.S.C. 5304, of a new agreement, contract, or compact. any administrative action, appeal, or civil 5305, 5306, 5307, 5321(c), 5323, 5324(a)(1), 5324(f), ‘‘(2) The Secretary shall prepare a report action for judicial review of any decision 5331, and 5332) and section 314 of the Depart- to be included in the information required made by the Secretary under this title, the ment of the Interior and Related Agencies for the reports under sections 412(b)(2)(A) Secretary shall have the burden of proof of Appropriations Act, 1991 (Public Law 101–512; and 514(b)(2)(A). The Secretary shall include demonstrating by a preponderance of the evi- 104 Stat. 1959), apply to compacts and fund- in this report, in the aggregate, a description dence— ing agreements entered into under title IV of of the internal controls that were inad- ‘‘(1) the validity of the grounds for the de- the Indian Self-Determination and Edu- equate, the technical assistance provided, cision; and cation Assistance Act (25 U.S.C. 5361 et seq.). and a description of Secretarial actions

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.075 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4660 CONGRESSIONAL RECORD — SENATE June 27, 2019 taken to address any remaining inadequate S. 294 of the Indian Financing Act of 1974 (25 U.S.C. internal controls after the provision of tech- Be it enacted by the Senate and House of Rep- 1452). nical assistance and implementation of the resentatives of the United States of America in (10) SECRETARY.—The term ‘‘Secretary’’ plan required by paragraph (1).’’. Congress assembled, means the Secretary of the Interior. SEC. 204. CONTRACT FUNDING AND INDIRECT SECTION 1. SHORT TITLE. (11) TRIBAL COLLEGE OR UNIVERSITY.—The COSTS. This Act may be cited as the ‘‘Native term ‘‘tribal college or university’’ has the Section 106(a)(3) of the Indian Self-Deter- American Business Incubators Program meaning given the term ‘‘Tribal College or mination and Education Assistance Act (25 Act’’. University’’ in section 316(b) of the Higher U.S.C. 5325(a)(3)) is amended— SEC. 2. FINDINGS. Education Act of 1965 (20 U.S.C. 1059c(b)). (1) in subparagraph (A)— Congress finds that— SEC. 4. ESTABLISHMENT OF PROGRAM. (A) in clause (i), by striking ‘‘, and’’ and in- (1) entrepreneurs face specific challenges (a) IN GENERAL.—The Secretary shall es- serting ‘‘; and’’; and when transforming ideas into profitable busi- tablish a program in the Office of Indian En- (B) in clause (ii), by striking ‘‘expense re- ness enterprises; ergy and Economic Development under lated to the overhead incurred’’ and insert- (2) entrepreneurs that want to provide which the Secretary shall provide financial ing ‘‘expense incurred by the governing body products and services in reservation commu- assistance in the form of competitive grants of the Indian Tribe or Tribal organization nities face an additional set of challenges to eligible applicants for the establishment and any overhead expense incurred’’; that requires special knowledge; and operation of business incubators that (2) by redesignating subparagraph (B) as (3) a business incubator is an organization serve reservation communities by providing subparagraph (C); and that assists entrepreneurs in navigating ob- business incubation and other business serv- (3) by inserting after subparagraph (A) the stacles that prevent innovative ideas from ices to Native businesses and Native entre- following: becoming viable businesses by providing preneurs. ‘‘(B) In calculating the reimbursement rate services that include— (b) ELIGIBLE APPLICANTS.— for expenses described in subparagraph (A) workspace and facilities resources; (1) IN GENERAL.—To be eligible to receive a (A)(ii), not less than 50 percent of the ex- (B) access to capital, business education, grant under the program, an applicant penses described in subparagraph (A)(ii) that and counseling; shall— are incurred by the governing body of an In- (C) networking opportunities; (A) be— dian Tribe or Tribal organization relating to (D) mentorship opportunities; and (i) an Indian tribe; a Federal program, function, service, or ac- (E) an environment intended to help estab- (ii) a tribal college or university; (iii) an institution of higher education; or tivity carried out pursuant to the contract lish and expand business operations; (iv) a private nonprofit organization or shall be considered to be reasonable and al- (4) the business incubator model is suited tribal nonprofit organization that— lowable.’’. to accelerating entrepreneurship in reserva- tion communities because the business incu- (I) provides business and financial tech- SEC. 205. CONTRACT OR GRANT SPECIFICATIONS. nical assistance; and Section 108 of the Indian Self-Determina- bator model promotes collaboration to ad- dress shared challenges and provides individ- (II) will commit to serving 1 or more res- tion and Education Assistance Act (25 U.S.C. ervation communities; 5329) is amended— ually tailored services for the purpose of overcoming obstacles unique to each partici- (B) be able to provide the physical work- (1) in subsection (a)(2), by inserting ‘‘sub- space, equipment, and connectivity nec- ject to subsections (a) and (b) of section 102,’’ pating business; and (5) business incubators will stimulate eco- essary for Native businesses and Native en- before ‘‘contain’’; trepreneurs to collaborate and conduct busi- (2) in subsection (f)(2)(A)(ii) of the model nomic development by providing Native en- trepreneurs with the tools necessary to grow ness on a local, regional, national, and inter- agreement contained in subsection (c), by in- national level; and serting ‘‘subject to subsections (a) and (b) of businesses that offer products and services to reservation communities. (C) in the case of an entity described in section 102 of the Indian Self-Determination clauses (ii) through (iv) of subparagraph (A), SEC. 3. DEFINITIONS. and Education Assistance Act (25 U.S.C. have been operational for not less than 1 In this Act: 5321),’’ before ‘‘such other provisions’’; and year before receiving a grant under the pro- (1) BUSINESS INCUBATOR.—The term ‘‘busi- (3) in subsection (b)(7)(C) of the model gram. agreement contained in subsection (c), in the ness incubator’’ means an organization that— (2) JOINT PROJECT.— second sentence of the matter preceding (A) IN GENERAL.—Two or more entities may clause (i), by striking ‘‘one performance (A) provides physical workspace and facili- ties resources to startups and established submit a joint application for a project that monitoring visit’’ and inserting ‘‘two per- combines the resources and expertise of formance monitoring visits’’. businesses; and (B) is designed to accelerate the growth those entities at a physical location dedi- S. 256 and success of businesses through a variety cated to assisting Native businesses and Na- Be it enacted by the Senate and House of Rep- of business support resources and services, tive entrepreneurs under the program. resentatives of the United States of America in including— (B) CONTENTS.—A joint application sub- Congress assembled, (i) access to capital, business education, mitted under subparagraph (A) shall— SECTION 1. SHORT TITLE. and counseling; (i) contain a certification that each partic- This Act may be cited as the ‘‘Esther Mar- (ii) networking opportunities; ipant of the joint project is one of the eligi- tinez Native American Languages Programs (iii) mentorship opportunities; and ble entities described in paragraph (1)(A); Reauthorization Act’’. (iv) other services intended to aid in devel- and SEC. 2. NATIVE AMERICAN LANGUAGES GRANT oping a business. (ii) demonstrate that together the partici- PROGRAM. (2) ELIGIBLE APPLICANT.—The term ‘‘eligi- pants meet the requirements of subpara- Section 803C of the Native American Pro- ble applicant’’ means an applicant eligible to graphs (B) and (C) of paragraph (1). grams Act of 1974 (42 U.S.C. 2991b–3) is apply for a grant under section 4(b). (c) APPLICATION AND SELECTION PROCESS.— amended— (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (1) APPLICATION REQUIREMENTS.—Each eli- (1) in subsection (b)(7)— has the meaning given the term in section 4 gible applicant desiring a grant under the (A) in subparagraph (A)(i), by striking ‘‘10’’ of the Indian Self-Determination and Edu- program shall submit to the Secretary an ap- and inserting ‘‘5’’; and cation Assistance Act (25 U.S.C. 5304). plication at such time, in such manner, and (B) in subparagraph (B)(i), by striking ‘‘15’’ (4) INSTITUTION OF HIGHER EDUCATION.—The containing such information as the Sec- and inserting ‘‘10’’; and term ‘‘institution of higher education’’ has retary may require, including— (2) in subsection (e)(2)— the meaning given the term in section 101 of (A) a certification that the applicant— (A) by striking ‘‘or 3-year basis’’ and in- the Higher Education Act of 1965 (20 U.S.C. (i) is an eligible applicant; serting ‘‘3-year, 4-year, or 5-year basis’’; and 1001). (ii) will designate an executive director or (B) by inserting ‘‘, 4-year, or 5-year’’ after (5) NATIVE AMERICAN; NATIVE.—The terms program manager, if such director or man- ‘‘on a 3-year’’. ‘‘Native American’’ and ‘‘Native’’ have the ager has not been designated, to manage the SEC. 3. REAUTHORIZATION OF NATIVE AMER- meaning given the term ‘‘Indian’’ in section business incubator; and ICAN LANGUAGES PROGRAM. 4 of the Indian Self-Determination and Edu- (iii) agrees— (a) IN GENERAL.—Section 816(e) of the Na- cation Assistance Act (25 U.S.C. 5304). (I) to a site evaluation by the Secretary as tive American Programs Act of 1974 (42 (6) NATIVE BUSINESS.—The term ‘‘Native part of the final selection process; U.S.C. 2992d(e)) is amended by striking ‘‘such business’’ means a business concern that is (II) to an annual programmatic and finan- sums’’ and all that follows through the pe- at least 51-percent owned and controlled by 1 cial examination for the duration of the riod at the end and inserting ‘‘$13,000,000 for or more Native Americans. grant; and each of fiscal years 2020 through 2024.’’. (7) NATIVE ENTREPRENEUR.—The term ‘‘Na- (III) to the maximum extent practicable, (b) TECHNICAL CORRECTION.—Section 816 of tive entrepreneur’’ means an entrepreneur to remedy any problems identified pursuant the Native American Programs Act of 1974 who is a Native American. to the site evaluation under subclause (I) or (42 U.S.C. 2992d) is amended in subsections (8) PROGRAM.—The term ‘‘program’’ means an examination under subclause (II); (a) and (b) by striking ‘‘subsection (e)’’ each the program established under section 4(a). (B) a description of the 1 or more reserva- place it appears and inserting ‘‘subsection (9) RESERVATION.—The term ‘‘reservation’’ tion communities to be served by the busi- (d)’’. has the meaning given the term in section 3 ness incubator;

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(C) a 3-year plan that describes— (II) siting the business incubator in the (C) NON-FEDERAL CONTRIBUTIONS FOR RE- (i) the number of Native businesses and Na- identified location will serve the interests of NEWALS.—An eligible applicant that receives tive entrepreneurs to be participating in the the 1 or more reservation communities to be a grant renewal under subparagraph (A) shall business incubator; served. provide non-Federal contributions in an (ii) whether the business incubator will (3) SITE EVALUATION.— amount equal to not less than 33 percent of focus on a particular type of business or in- (A) IN GENERAL.—Before making a grant to the total amount of the grant. dustry; an eligible applicant, the Secretary shall (5) NO DUPLICATIVE GRANTS.—An eligible (iii) a detailed breakdown of the services to conduct a site visit, evaluate a video submis- applicant shall not be awarded a grant under be offered to Native businesses and Native sion, or evaluate a written site proposal (if the program that is duplicative of existing entrepreneurs participating in the business the applicant is not yet in possession of the Federal funding from another source. incubator; and site) of the proposed site to ensure the pro- (e) PROGRAM REQUIREMENTS.— (iv) a detailed breakdown of the services, if posed site will permit the eligible applicant (1) USE OF FUNDS.—An eligible applicant re- any, to be offered to Native businesses and to meet the requirements of the program. ceiving a grant under the program may use Native entrepreneurs not participating in (B) WRITTEN SITE PROPOSAL.—A written grant amounts— the business incubator; site proposal shall meet the requirements de- (A) to provide physical workspace and fa- (D) information demonstrating the effec- scribed in paragraph (1)(E) and contain— cilities for Native businesses and Native en- tiveness and experience of the eligible appli- (i) sufficient detail for the Secretary to en- trepreneurs participating in the business in- cant in— sure in the absence of a site visit or video cubator; (i) conducting financial, management, and submission that the proposed site will per- (B) to establish partnerships with other in- marketing assistance programs designed to mit the eligible applicant to meet the re- stitutions and entities to provide com- educate or improve the business skills of cur- quirements of the program; and prehensive business incubation services to rent or prospective businesses; (ii) a timeline describing when the eligible Native businesses and Native entrepreneurs (ii) working in and providing services to applicant will be— participating in the business incubator; and Native American communities; (I) in possession of the proposed site; and (C) for any other uses typically associated (iii) providing assistance to entities con- (II) operating the business incubator at the with business incubators that the Secretary proposed site. ducting business in reservation commu- determines to be appropriate and consistent nities; (C) FOLLOWUP.—Not later than 1 year after with the purposes of the program. (iv) providing technical assistance under awarding a grant to an eligible applicant (2) MINIMUM REQUIREMENTS.—Each eligible Federal business and entrepreneurial devel- that submits an application with a written applicant receiving a grant under the pro- opment programs for which Native busi- site proposal, the Secretary shall conduct a gram shall— nesses and Native entrepreneurs are eligible; site visit or evaluate a video submission of (A) offer culturally tailored incubation and the site to ensure the site is consistent with services to Native businesses and Native en- (v) managing finances and staff effectively; the written site proposal. trepreneurs; and (d) ADMINISTRATION.— (B) use a competitive process for selecting (E) a site description of the location at (1) DURATION.—Each grant awarded under Native businesses and Native entrepreneurs which the eligible applicant will provide the program shall be for a term of 3 years. to participate in the business incubator; physical workspace, including a description (2) PAYMENT.— of the technologies, equipment, and other re- (A) IN GENERAL.—Except as provided in (C) provide physical workspace that per- sources that will be available to Native busi- subparagraph (B), the Secretary shall dis- mits Native businesses and Native entre- nesses and Native entrepreneurs partici- burse grant funds awarded to an eligible ap- preneurs to conduct business and collaborate pating in the business incubator. plicant in annual installments. with other Native businesses and Native en- (2) EVALUATION CONSIDERATIONS.— (B) MORE FREQUENT DISBURSEMENTS.—On trepreneurs; (A) IN GENERAL.—In evaluating each appli- request by the applicant, the Secretary may (D) provide entrepreneurship and business cation, the Secretary shall consider— make disbursements of grant funds more fre- skills training and education to Native busi- (i) the ability of the eligible applicant— quently than annually, on the condition that nesses and Native entrepreneurs including— (I) to operate a business incubator that ef- disbursements shall be made not more fre- (i) financial education, including training fectively imparts entrepreneurship and busi- quently than quarterly. and counseling in— ness skills to Native businesses and Native (3) NON-FEDERAL CONTRIBUTIONS FOR INITIAL (I) applying for and securing business cred- entrepreneurs, as demonstrated by the expe- ASSISTANCE.— it and investment capital; rience and qualifications of the eligible ap- (A) IN GENERAL.—Except as provided in (II) preparing and presenting financial plicant; subparagraph (B), an eligible applicant that statements; and (II) to commence providing services within receives a grant under the program shall pro- (III) managing cash flow and other finan- a minimum period of time, to be determined vide non-Federal contributions in an amount cial operations of a business; by the Secretary; and equal to not less than 25 percent of the grant (ii) management education, including (III) to provide quality incubation services amount disbursed each year. training and counseling in planning, organi- to a significant number of Native businesses (B) WAIVER.—The Secretary may waive, in zation, staffing, directing, and controlling and Native entrepreneurs; whole or in part, the requirements of sub- each major activity or function of a business (ii) the experience of the eligible applicant paragraph (A) with respect to an eligible ap- or startup; and in providing services in Native American plicant if, after considering the ability of the (iii) marketing education, including train- communities, including in the 1 or more res- eligible applicant to provide non-Federal ing and counseling in— ervation communities described in the appli- contributions, the Secretary determines (I) identifying and segmenting domestic cation; and that— and international market opportunities; (iii) the proposed location of the business (i) the proposed business incubator will (II) preparing and executing marketing incubator. provide quality business incubation services; plans; (B) PRIORITY.— and (III) locating contract opportunities; (i) IN GENERAL.—In evaluating the proposed (ii) the 1 or more reservation communities (IV) negotiating contracts; and location of the business incubator under sub- to be served are unlikely to receive similar (V) using varying public relations and ad- paragraph (A)(iii), the Secretary shall— services because of remoteness or other rea- vertising techniques; (I) consider the program goal of achieving sons that inhibit the provision of business (E) provide direct mentorship or assistance broad geographic distribution of business in- and entrepreneurial development services. finding mentors in the industry in which the cubators; and (4) RENEWALS.— Native business or Native entrepreneur oper- (II) except as provided in clause (ii), give (A) IN GENERAL.—The Secretary may renew ates or intends to operate; and priority to eligible applicants that will pro- a grant award under the program for a term (F) provide access to networks of potential vide business incubation services on or near not to exceed 3 years. investors, professionals in the same or simi- the reservation of the 1 or more communities (B) CONSIDERATIONS.—In determining lar fields, and other business owners with that were described in the application. whether to renew a grant award, the Sec- similar businesses. (ii) EXCEPTION.—The Secretary may give retary shall consider with respect to the eli- (3) TECHNOLOGY.—Each eligible applicant priority to an eligible applicant that is not gible applicant— shall leverage technology to the maximum located on or near the reservation of the 1 or (i) the results of the annual evaluations of extent practicable to provide Native busi- more communities that were described in the the eligible applicant under subsection (f)(1); nesses and Native entrepreneurs with access application if the Secretary determines (ii) the performance of the business incu- to the connectivity tools needed to compete that— bator of the eligible applicant, as compared and thrive in 21st-century markets. (I) the location of the business incubator to the performance of other business incuba- (f) OVERSIGHT.— will not prevent the eligible applicant from tors receiving assistance under the program; (1) ANNUAL EVALUATIONS.—Not later than 1 providing quality business incubation serv- (iii) whether the eligible applicant con- year after the date on which the Secretary ices to Native businesses and Native entre- tinues to be eligible for the program; and awards a grant to an eligible applicant under preneurs from the 1 or more reservation (iv) the evaluation considerations for ini- the program, and annually thereafter for the communities to be served; and tial awards under subsection (c)(2). duration of the grant, the Secretary shall

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SCHOOLS TO BUSINESS INCUBATOR PIPE- subparagraph (A) and applicable appropria- after the date on which the Secretary awards LINE. tions Acts, including administration in con- a grant to an eligible applicant under the The Secretary shall facilitate the estab- junction with the Secretary of Veterans Af- program, and annually thereafter for the du- lishment of relationships between eligible fairs. ration of the grant, each eligible applicant applicants receiving funds through the pro- ‘‘(II) EXCEPTIONS.— receiving an award under the program shall gram and educational institutions serving ‘‘(aa) SECRETARY OF HOUSING AND URBAN DE- submit to the Secretary a report describing Native American communities, including VELOPMENT.—After consultation with Indian the services the eligible applicant provided tribal colleges and universities. tribes, eligible recipients, and any other ap- propriate tribal organizations, the Secretary under the program during the preceding SEC. 7. AGENCY PARTNERSHIPS. year. may make necessary and appropriate modi- The Secretary shall coordinate with the fications to facilitate the use of the Program (B) REPORT CONTENT.—The report described Secretary of Agriculture, the Secretary of by eligible recipients to serve eligible Indian in subparagraph (A) shall include— Commerce, the Secretary of the Treasury, veterans. (i) a detailed breakdown of the Native busi- and the Administrator of the Small Business ‘‘(bb) SECRETARY OF VETERANS AFFAIRS.— nesses and Native entrepreneurs receiving Administration to ensure, to the maximum After consultation with Indian tribes, eligi- services from the business incubator, includ- extent practicable, that business incubators ble recipients, and any other appropriate ing, for the year covered by the report— receiving grant funds under the program tribal organizations, the Secretary of Vet- (I) the number of Native businesses and have the information and materials needed erans Affairs may make necessary and ap- Native entrepreneurs participating in or re- to provide Native businesses and Native en- propriate modifications to facilitate the use ceiving services from the business incubator trepreneurs with the information and assist- of the Program by eligible recipients to and the types of services provided to those ance necessary to apply for business and en- serve eligible Indian veterans. Native businesses and Native entrepreneurs; trepreneurial development programs admin- ‘‘(iv) ELIGIBLE RECIPIENTS.—The Secretary (II) the number of Native businesses and istered by the Department of Agriculture, shall make amounts for rental assistance Native entrepreneurs established and jobs the Department of Commerce, the Depart- and associated administrative costs under created or maintained; and ment of the Treasury, and the Small Busi- the Program available in the form of grants (III) the performance of Native businesses ness Administration. to eligible recipients. and Native entrepreneurs while participating SEC. 8. AUTHORIZATIONS OF APPROPRIATIONS. ‘‘(v) FUNDING CRITERIA.—The Secretary in the business incubator and after gradua- There are authorized to be appropriated to shall award grants under the Program based tion or departure from the business incu- carry out the program $5,000,000 for each of on— bator; and fiscal years 2020 through 2024. ‘‘(I) need; (ii) any other information the Secretary S. 257 ‘‘(II) administrative capacity; and may require to evaluate the performance of ‘‘(III) any other funding criteria estab- Be it enacted by the Senate and House of Rep- a business incubator to ensure appropriate lished by the Secretary in a notice published resentatives of the United States of America in implementation of the program. in the Federal Register after consulting with Congress assembled, (C) LIMITATIONS.—To the maximum extent the Secretary of Veterans Affairs. practicable, the Secretary shall not require SECTION 1. SHORT TITLE. ‘‘(vi) ADMINISTRATION.—Grants awarded an eligible applicant to report under sub- This Act may be cited as the ‘‘Tribal HUD– under the Program shall be administered in paragraph (A) information provided to the VASH Act of 2019’’. accordance with the Native American Hous- Secretary by the eligible applicant under SEC. 2. RENTAL ASSISTANCE FOR HOMELESS OR ing Assistance and Self-Determination Act other programs. AT-RISK INDIAN VETERANS. of 1996 (25 U.S.C. 4101 et seq.), except that re- (D) COORDINATION.—The Secretary shall co- Section 8(o)(19) of the United States Hous- cipients shall— ordinate with the heads of other Federal ing Act of 1937 (42 U.S.C. 1437f(o)(19)) is ‘‘(I) submit to the Secretary, in a manner agencies to ensure that, to the maximum ex- amended by adding at the end the following: prescribed by the Secretary, reports on the tent practicable, the report content and form ‘‘(D) INDIAN VETERANS HOUSING RENTAL AS- utilization of rental assistance provided under subparagraphs (A) and (B) are con- SISTANCE PROGRAM.— under the Program; and sistent with other reporting requirements ‘‘(i) DEFINITIONS.—In this subparagraph: ‘‘(II) provide to the Secretary information for Federal programs that provide business ‘‘(I) ELIGIBLE INDIAN VETERAN.—The term specified by the Secretary to assess the ef- and entrepreneurial assistance. ‘eligible Indian veteran’ means an Indian fectiveness of the Program in serving eligi- (3) REPORT TO CONGRESS.— veteran who is— ble Indian veterans. (A) IN GENERAL.—Not later than 2 years ‘‘(aa) homeless or at risk of homelessness; ‘‘(vii) CONSULTATION.— after the date on which the Secretary first and ‘‘(I) GRANT RECIPIENTS; TRIBAL ORGANIZA- awards funding under the program, and bien- ‘‘(bb) living— TIONS.—The Secretary, in coordination with nially thereafter, the Secretary shall submit ‘‘(AA) on or near a reservation; or the Secretary of Veterans Affairs, shall con- to the Committee on Indian Affairs of the ‘‘(BB) in or near any other Indian area. sult with eligible recipients and any other Senate and the Committee on Natural Re- ‘‘(II) ELIGIBLE RECIPIENT.—The term ‘eligi- appropriate tribal organization on the design sources of the House of Representatives a re- ble recipient’ means a recipient eligible to of the Program to ensure the effective deliv- port on the performance and effectiveness of receive a grant under section 101 of the Na- ery of rental assistance and supportive serv- the program. tive American Housing Assistance and Self- ices to eligible Indian veterans under the (B) CONTENTS.—Each report submitted Determination Act of 1996 (25 U.S.C. 4111). Program. under subparagraph (A) shall— ‘‘(III) INDIAN; INDIAN AREA.—The terms ‘In- ‘‘(II) INDIAN HEALTH SERVICE.—The Director (i) account for each program year; and dian’ and ‘Indian area’ have the meanings of the Indian Health Service shall provide (ii) include with respect to each business given those terms in section 4 of the Native any assistance requested by the Secretary or incubator receiving grant funds under the American Housing Assistance and Self-De- the Secretary of Veterans Affairs in carrying program— termination Act of 1996 (25 U.S.C. 4103). out the Program. (I) the number of Native businesses and ‘‘(IV) INDIAN VETERAN.—The term ‘Indian ‘‘(viii) WAIVER.— Native entrepreneurs that received business veteran’ means an Indian who is a veteran. ‘‘(I) IN GENERAL.—Except as provided in incubation or other services; ‘‘(V) PROGRAM.—The term ‘Program’ subclause (II), the Secretary may waive or (II) the number of businesses established means the Tribal HUD–VASH program car- specify alternative requirements for any pro- with the assistance of the business incu- ried out under clause (ii). vision of law (including regulations) that the bator; ‘‘(VI) TRIBAL ORGANIZATION.—The term Secretary administers in connection with (III) the number of jobs established or ‘tribal organization’ has the meaning given the use of rental assistance made available maintained by Native businesses and Native the term in section 4 of the Indian Self-De- under the Program if the Secretary finds entrepreneurs receiving business incubation termination and Education Assistance Act that the waiver or alternative requirement is services, including a description of where the (25 U.S.C. 5304). necessary for the effective delivery and ad- jobs are located with respect to reservation ‘‘(ii) PROGRAM SPECIFICATIONS.—The Sec- ministration of rental assistance under the communities; retary shall use not less than 5 percent of the Program to eligible Indian veterans. (IV) to the maximum extent practicable, amounts made available for rental assist- ‘‘(II) EXCEPTION.—The Secretary may not the amount of capital investment and loan ance under this paragraph to carry out a waive or specify alternative requirements financing accessed by Native businesses and rental assistance and supported housing pro- under subclause (I) for any provision of law Native entrepreneurs receiving business in- gram, to be known as the ‘Tribal HUD–VASH (including regulations) relating to labor cubation services; and program’, in conjunction with the Secretary standards or the environment.

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‘‘(ix) RENEWAL GRANTS.—The Secretary kane Tribe would have been entitled to a cent of Colville tribal acreage taken for con- may— reasonable annual charge for the use of the struction of the dam; ‘‘(I) set aside, from amounts made avail- land of the Spokane Tribe; (16) the payments and delegation made able for tenant-based rental assistance under (5) in the mid-1930s, the Federal Govern- pursuant to this Act constitute fair and eq- this subsection and without regard to the ment, which is not subject to licensing under uitable compensation for the past and con- amounts used for new grants under clause the Federal Power Act (16 U.S.C. 792 et tinued use of Spokane tribal land for the pro- (ii), such amounts as may be necessary to seq.)— duction of hydropower at Grand Coulee Dam; award renewal grants to eligible recipients (A) federalized the Grand Coulee Dam and that received a grant under the Program in project; and (17) by vote of the Spokane tribal member- a previous year; and (B) began construction of the Grand Coulee ship, the Spokane Tribe has resolved that ‘‘(II) specify criteria that an eligible recipi- Dam; the payments and delegation made pursuant ent must satisfy to receive a renewal grant (6) when the Grand Coulee Dam project was to this Act constitute fair and equitable under subclause (I), including providing data federalized, the Federal Government recog- compensation for the past and continued use on how the eligible recipient used the nized that— of Spokane tribal land for the production of amounts of any grant previously received (A) development of the project affected the hydropower at Grand Coulee Dam. under the Program. interests of the Spokane Tribe and the Con- SEC. 3. PURPOSE. ‘‘(x) REPORTING.— federated Tribes of the Colville Reservation; The purpose of this Act is to provide fair ‘‘(I) IN GENERAL.—Not later than 1 year and and equitable compensation to the Spokane after the date of enactment of the Tribal (B) it would be appropriate for the Spokane Tribe for the use of the land of the Spokane HUD–VASH Act of 2019, and every 5 years and Colville Tribes to receive a share of rev- Tribe for the generation of hydropower by thereafter, the Secretary, in coordination enue from the disposition of power produced the Grand Coulee Dam. at Grand Coulee Dam; with the Secretary of Veterans Affairs and SEC. 4. DEFINITIONS. the Director of the Indian Health Service, (7) in the Act of June 29, 1940 (16 U.S.C. 835d In this Act: et seq.), Congress— shall— (1) ADMINISTRATOR.—The term ‘‘Adminis- (A) granted to the United States— ‘‘(aa) conduct a review of the implementa- trator’’ means the Administrator of the Bon- (i) in aid of the construction, operation, tion of the Program, including any factors neville Power Administration or the head of and maintenance of the Columbia Basin that may have limited its success; and any successor agency, corporation, or entity Project, all the right, title, and interest of ‘‘(bb) submit a report describing the re- that markets power produced at Grand Cou- the Spokane Tribe and Colville Tribes in and sults of the review under item (aa) to— lee Dam. to the tribal and allotted land within the ‘‘(AA) the Committee on Indian Affairs, (2) COLVILLE SETTLEMENT AGREEMENT.—The Spokane and Colville Reservations, as des- the Committee on Banking, Housing, and term ‘‘Colville Settlement Agreement’’ ignated by the Secretary of the Interior from Urban Affairs, the Committee on Veterans’ means the Settlement Agreement entered time to time; and Affairs, and the Committee on Appropria- into between the United States and the tions of the Senate; and (ii) other interests in that land as required and as designated by the Secretary for cer- Colville Tribes, signed by the United States ‘‘(BB) the Subcommittee on Indian, Insular on April 21, 1994, and by the Colville Tribes and Alaska Native Affairs of the Committee tain construction activities undertaken in connection with the project; and on April 16, 1994, to settle the claims of the on Natural Resources, the Committee on Fi- Colville Tribes in Docket 181–D of the Indian nancial Services, the Committee on Vet- (B) provided that compensation for the land and other interests was to be deter- Claims Commission, which docket was trans- erans’ Affairs, and the Committee on Appro- ferred to the United States Court of Federal priations of the House of Representatives. mined by the Secretary in such amounts as the Secretary determined to be just and eq- Claims. ‘‘(II) ANALYSIS OF HOUSING STOCK LIMITA- uitable; (3) COLVILLE TRIBES.—The term ‘‘Colville TION.—The Secretary shall include in the ini- (8) pursuant to that Act, the Secretary Tribes’’ means the Confederated Tribes of tial report submitted under subclause (I) a paid— the Colville Reservation. description of— (A) to the Spokane Tribe, $4,700; and (4) COMPUTED ANNUAL PAYMENT.—The term ‘‘(aa) any regulations governing the use of (B) to the Confederated Tribes of the ‘‘Computed Annual Payment’’ means the formula current assisted stock (as defined in Colville Reservation, $63,000; payment calculated under paragraph 2.b. of section 1000.314 of title 24, Code of Federal (9) in 1994, following litigation under the the Colville Settlement Agreement, without Regulations (or any successor regulation)) Act of August 13, 1946 (commonly known as regard to any increase or decrease in the within the Program; the ‘‘Indian Claims Commission Act’’ (60 payment under section 2.d. of the agreement. ‘‘(bb) the number of recipients of grants Stat. 1049, chapter 959; former 25 U.S.C. 70 et (5) CONFEDERATED TRIBES ACT.—The term under the Program that have reported the seq.)), Congress ratified the Colville Settle- ‘‘Confederated Tribes Act’’ means the Con- regulations described in item (aa) as a bar- ment Agreement, which required— federated Tribes of the Colville Reservation rier to implementation of the Program; and (A) for past use of the land of the Colville Grand Coulee Dam Settlement Act (Public ‘‘(cc) proposed alternative legislation or Tribes, a payment of $53,000,000; and Law 103–436; 108 Stat. 4577). regulations developed by the Secretary in (B) for continued use of the land of the (6) SECRETARY.—The term ‘‘Secretary’’ consultation with recipients of grants under Colville Tribes, annual payments of means the Secretary of the Interior. the Program to allow the use of formula cur- $15,250,000, adjusted annually based on reve- (7) SPOKANE BUSINESS COUNCIL.—The term rent assisted stock within the Program.’’. nues from the sale of electric power from the ‘‘Spokane Business Council’’ means the gov- S. 216 Grand Coulee Dam project and transmission erning body of the Spokane Tribe under the Be it enacted by the Senate and House of Rep- of that power by the Bonneville Power Ad- constitution of the Spokane Tribe. resentatives of the United States of America in ministration; (8) SPOKANE TRIBE.—The term ‘‘Spokane Congress assembled, (10) the Spokane Tribe, having suffered Tribe’’ means the Spokane Tribe of Indians SECTION 1. SHORT TITLE. harm similar to that suffered by the Colville of the Spokane Reservation, Washington. This Act may be cited as the ‘‘Spokane Tribes, did not file a claim within the 5-year SEC. 5. PAYMENTS BY ADMINISTRATOR. Tribe of Indians of the Spokane Reservation statute of limitations under the Indian (a) INITIAL PAYMENT.—On March 1, 2022, the Equitable Compensation Act’’. Claims Commission Act; Administrator shall pay to the Spokane SEC. 2. FINDINGS. (11) neither the Colville Tribes nor the Spo- Tribe an amount equal to 25 percent of the Congress finds that— kane Tribe filed claims for compensation for Computed Annual Payment for fiscal year (1) from 1927 to 1931, at the direction of use of the land of the respective tribes with 2021. Congress, the Corps of Engineers inves- the Commission prior to August 13, 1951, but (b) SUBSEQUENT PAYMENTS.— tigated the Columbia River and its tribu- both tribes filed unrelated land claims prior (1) IN GENERAL.—Not later than March 1, taries to determine sites at which power to August 13, 1951; 2023, and March 1 of each year thereafter could be produced at low cost; (12) in 1976, over objections by the United through March 1, 2029, the Administrator (2) under section 10(e) of the Federal Power States, the Colville Tribes were successful in shall pay the Spokane Tribe an amount Act (16 U.S.C. 803(e)), when licenses are amending the 1951 Claims Commission land equal to 25 percent of the Computed Annual issued involving tribal land within an Indian claims to add the Grand Coulee claim of the Payment for the preceding fiscal year. reservation, a reasonable annual charge shall Colville Tribes; (2) MARCH 1, 2030, AND SUBSEQUENT YEARS.— be fixed for the use of the land, subject to (13) the Spokane Tribe had no such claim Not later than March 1, 2030, and March 1 of the approval of the Indian tribe having juris- to amend, having settled the Claims Com- each year thereafter, the Administrator diction over the land; mission land claims of the Spokane Tribe shall pay the Spokane Tribe an amount (3) in August 1933, the Columbia Basin with the United States in 1967; equal to 32 percent of the Computed Annual Commission, an agency of the State of Wash- (14) the Spokane Tribe has suffered signifi- Payment for the preceding fiscal year. ington, received a preliminary permit from cant harm from the construction and oper- SEC. 6. TREATMENT AFTER AMOUNTS ARE PAID. the Federal Power Commission for water ation of Grand Coulee Dam; (a) USE OF PAYMENTS.—Payments made to power development at the Grand Coulee site; (15) Spokane tribal acreage taken by the the Spokane Business Council or Spokane (4) had the Columbia Basin Commission or United States for the construction of Grand Tribe under section 5 may be used or in- a private entity developed the site, the Spo- Coulee Dam equaled approximately 39 per- vested by the Spokane Business Council in

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.078 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4664 CONGRESSIONAL RECORD — SENATE June 27, 2019 the same manner and for the same purposes S. 46 tional Forest until the Tribe develops a plan as other Spokane Tribe governmental Be it enacted by the Senate and House of Rep- that allows for a gradual subdivision of some amounts. resentatives of the United States of America in tracts for economic and residential develop- (b) NO TRUST RESPONSIBILITY OF THE SEC- Congress assembled, ment by the Tribe. RETARY.—Neither the Secretary nor the Ad- SECTION 1. SHORT TITLE. (b) DEFINITIONS.—In this section: ministrator shall have any trust responsi- This Act may be cited as the ‘‘Klamath (1) FEDERAL LAND.— bility for the investment, supervision, ad- Tribe Judgment Fund Repeal Act’’. (A) IN GENERAL.—The term ‘‘Federal land’’ ministration, or expenditure of any amounts SEC. 2. REPEAL. means the approximately 11,760 acres of Fed- after the date on which the funds are paid to Public Law 89–224 (commonly known as the eral land located in the Chippewa National the Spokane Business Council or Spokane ‘‘Klamath Tribe Judgment Fund Act’’) (79 Forest in Cass County, Minnesota, the Tribe under section 5. Stat. 897) is repealed. boundaries of which shall be depicted on the (c) TREATMENT OF FUNDS FOR CERTAIN PUR- SEC. 3. DISBURSEMENT OF REMAINING FUNDS. map, and described in the legal description, POSES.—The payments of all amounts to the Notwithstanding any provision of Public submitted under subsection (d)(1)(B). Spokane Business Council and Spokane Law 89–224 (79 Stat. 897) (as in effect on the (B) INCLUSIONS.—The term ‘‘Federal land’’ Tribe under section 5, and the interest and day before the date of enactment of this Act) includes— income generated by those amounts, shall be relating to the distribution or use of funds, (i) any improvement located on the Fed- treated in the same manner as payments as soon as practicable after the date of en- eral land described in subparagraph (A); and under section 6 of the Saginaw Chippewa In- actment of this Act, the Secretary of the In- (ii) any appurtenance to the Federal land. dian Tribe of Michigan Distribution of Judg- terior shall disburse to the Klamath Tribe (2) SECRETARY.—The term ‘‘Secretary’’ ment Funds Act (100 Stat. 677). the balance of any funds that, on or before means the Secretary of Agriculture. (d) TRIBAL AUDIT.—After the date on which the date of enactment of this Act, were ap- (3) TRIBE.—The term ‘‘Tribe’’ means the amounts are paid to the Spokane Business propriated or deposited into the trust ac- Leech Lake Band of Ojibwe. Council or Spokane Tribe under section 5, counts for remaining legal fees and adminis- (c) TRANSFER TO RESERVATION.— the amounts shall— tration and per capita trust accounts, as (1) IN GENERAL.—Subject to valid existing (1) constitute Spokane Tribe governmental identified by the Secretary of the Interior, rights and paragraph (2), the Secretary shall amounts; and under that Act (as in effect on the day before transfer to the administrative jurisdiction of (2) be subject to an annual tribal govern- the date of enactment of this Act). the Secretary of the Interior all right, title, ment audit. S. 199 and interest of the United States in and to the Federal land. SEC. 7. REPAYMENT CREDIT. Be it enacted by the Senate and House of Rep- (2) TREATMENT.—Effective immediately on (a) IN GENERAL.—The Administrator shall resentatives of the United States of America in Congress assembled, the transfer under paragraph (1), the Federal deduct from the interest payable to the Sec- land shall be— SECTION 1. SHORT TITLE. retary of the Treasury from net proceeds (as (A) held in trust by the United States for This Act may be cited as the ‘‘Leech Lake defined in section 13 of the Federal Columbia the benefit of the Tribe; and River Transmission System Act (16 U.S.C. Band of Ojibwe Reservation Restoration Act’’. (B) considered to be a part of the reserva- 838k))— tion of the Tribe. SEC. 2. LEECH LAKE BAND OF OJIBWE RESERVA- (1) in fiscal year 2030, $2,700,000; and (d) SURVEY, MAP, AND LEGAL DESCRIP- TION RESTORATION. (2) in each subsequent fiscal year in which TION.— (a) FINDINGS.—Congress finds that— the Administrator makes a payment under (1) IN GENERAL.—The Secretary shall— section 5, $2,700,000. (1) the Federal land described in subsection (b)(1) was taken from members of the Leech (A) not later than 180 days after the date of (b) CREDITING.— enactment of this Act, complete a plan of (1) IN GENERAL.—Except as provided in Lake Band of Ojibwe during a period— (A) beginning in 1948; survey to establish the boundaries of the paragraphs (2) and (3), each deduction made Federal land; and under this section for the fiscal year shall (B) during which the Bureau of Indian Af- fairs incorrectly interpreted an order of the (B) as soon as practicable after the date of be— enactment of this Act, submit a map and (A) a credit to the interest payments oth- Secretary of the Interior to mean that the Department of the Interior had the author- legal description of the Federal land to— erwise payable by the Administrator to the (i) the Committee on Natural Resources of Secretary of the Treasury during the fiscal ity to sell tribal allotments without the con- sent of a majority of the rightful land- the House of Representatives; and year in which the deduction is made; and (ii) the Committee on Indian Affairs of the (B) allocated pro rata to all interest pay- owners; and (C) ending in 1959, when the Secretary of Senate. ments on debt associated with the genera- (2) FORCE AND EFFECT.—The map and legal tion function of the Federal Columbia River the Interior was— (i) advised that sales described in subpara- description submitted under paragraph (1)(B) Power System that are due during the fiscal shall have the same force and effect as if in- year. graph (B) were illegal; and (ii) ordered to cease conducting those cluded in this Act, except that the Secretary (2) DEDUCTION GREATER THAN AMOUNT OF IN- may correct any clerical or typographical TEREST.—If, in an applicable fiscal year sales; (2) as a result of the Federal land described error in the map or legal description. under paragraph (1), the deduction is greater (3) PUBLIC AVAILABILITY.—The map and than the amount of interest due on debt as- in subsection (b)(1) being taken from mem- bers of the Leech Lake Band of Ojibwe, the legal description submitted under paragraph sociated with the generation function for the (1)(B) shall be on file and available for public fiscal year, the amount of the deduction that Leech Lake Band of Ojibwe hold the smallest percentage of its original reservation lands inspection in the office of the Secretary. exceeds the interest due on debt associated (e) ADMINISTRATION.— of any Ojibwe bands in Minnesota; with the generation function shall be allo- (1) IN GENERAL.—Except as otherwise ex- (3)(A) the applicable statute of limitations cated pro rata to all other interest payments pressly provided in this section, nothing in prohibits individuals from pursuing through due during the fiscal year. this section affects any right or claim of the litigation the return of the land taken as de- (3) CREDIT.—To the extent that a deduction Tribe, as in existence on the date of enact- scribed in paragraph (1); but exceeds the total amount of interest de- ment of this Act, to any land or interest in (B) a Federal judge ruled that the land scribed in paragraphs (1) and (2), the deduc- land. could be restored to the affected individuals tion shall be applied as a credit against any (2) PROHIBITIONS.— through the legislative process; other payments that the Administrator (A) EXPORTS OF UNPROCESSED LOGS.—Fed- (4) a comprehensive review of the Federal makes to the Secretary of the Treasury. eral law (including regulations) relating to land demonstrated that— SEC. 8. EXTINGUISHMENT OF CLAIMS. the export of unprocessed logs harvested (A) a portion of the Federal land is encum- from Federal land shall apply to any unproc- On the date that payment under section bered by— essed logs that are harvested from the Fed- 5(a) is made to the Spokane Tribe, all mone- (i) utility easements; eral land. tary claims that the Spokane Tribe has or (ii) rights-of-way for roads; and (B) NON-PERMISSIBLE USE OF LAND.—The may have against the United States to a fair (iii) flowage and reservoir rights; and Federal land shall not be eligible or used for share of the annual hydropower revenues (B) there are no known cabins, camp- any gaming activity carried out under the generated by the Grand Coulee Dam project grounds, lodges, or resorts located on any Indian Gaming Regulatory Act (25 U.S.C. for the past and continued use of land of the portion of the Federal land; and 2701 et seq.). Spokane Tribe for the production of hydro- (5) on reacquisition by the Tribe of the (3) FOREST MANAGEMENT.—Any commercial power at Grand Coulee Dam shall be extin- Federal land, the Tribe— forestry activity carried out on the Federal guished. (A) has pledged to respect the easements, land shall be managed in accordance with ap- SEC. 9. ADMINISTRATION. rights-of-way, and other rights described in plicable Federal law. Nothing in this Act establishes any prece- paragraph (4)(A); and dent or is binding on the Southwestern (B)(i) does not intend immediately to mod- Mr. MCCONNELL. I ask unanimous Power Administration, Western Area Power ify the use of the Federal land; but consent that the motions to reconsider Administration, or Southeastern Power Ad- (ii) will keep the Federal land in tax-ex- be considered made and laid upon the ministration. empt fee status as part of the Chippewa Na- table, all en bloc.

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A27JN6.081 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE June 27, 2019 CONGRESSIONAL RECORD — SENATE S4665 The PRESIDING OFFICER. Without RECESS UNTIL 5 A.M. TOMORROW To be rear admiral (lower half) objection, it is so ordered. Mr. MCCONNELL. Mr. President, if CAPT. CHRISTOPHER A. ASSELTA f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT there is no further business to come be- IN THE NAVY RESERVE TO THE GRADE INDICATED NATIONAL POST-TRAUMATIC fore the Senate, I ask unanimous con- UNDER TITLE 10, U.S.C., SECTION 12203: STRESS AWARENESS MONTH sent that it stand in recess under the To be rear admiral (lower half) AND NATIONAL POST-TRAU- previous order. CAPT. MICHAEL T. CURRAN MATIC STRESS AWARENESS DAY There being no objection, the Senate, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT at 7:10 p.m., recessed until Friday, IN THE NAVY RESERVE TO THE GRADE INDICATED Mr. MCCONNELL. Mr. President, I June 28, 2019, at 5 a.m. UNDER TITLE 10, U.S.C., SECTION 12203: ask unanimous consent that the Judi- To be rear admiral (lower half) f ciary Committee be discharged from CAPT. LESLIE E. REARDANZ III further consideration and the Senate CONFIRMATIONS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE NAVY RESERVE TO THE GRADE INDICATED now proceed to the consideration of S. Executive nominations confirmed by UNDER TITLE 10, U.S.C., SECTION 12203: Res. 220. the Senate June 27, 2019: To be rear admiral (lower half) The PRESIDING OFFICER. The PRIVACY AND CIVIL LIBERTIES OVERSIGHT CAPT. KENNETH R. BLACKMON clerk will report the resolution by BOARD CAPT. ROBERT C. NOWAKOWSKI title. CAPT. THOMAS S. WALL ADITYA BAMZAI, OF VIRGINIA, TO BE A MEMBER OF CAPT. LARRY D. WATKINS The bill clerk read as follows: THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD FOR THE REMAINDER OF THE TERM EXPIRING JANUARY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT A resolution (S. Res. 220) designating the 29, 2020. IN THE NAVY RESERVE TO THE GRADE INDICATED month of June 2019 as ‘‘National Post-Trau- TRAVIS LEBLANC, OF MARYLAND, TO BE A MEMBER OF UNDER TITLE 10, U.S.C., SECTION 12203: THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD To be rear admiral (lower half) matic Stress Awareness Month’’ and June 27, FOR A TERM EXPIRING JANUARY 29, 2022. 2019, as ‘‘National Post-Traumatic Stress CAPT. SCOTT K. FULLER DEPARTMENT OF DEFENSE Awareness Day.’’ CAPT. MICHAEL J. STEFFEN VERONICA DAIGLE, OF VIRGINIA, TO BE AN ASSISTANT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT There being no objection, the com- SECRETARY OF DEFENSE. IN THE NAVY RESERVE TO THE GRADE INDICATED mittee was discharged and the Senate DEPARTMENT OF ENERGY UNDER TITLE 10, U.S.C., SECTION 12203: To be rear admiral (lower half) proceeded to consider the resolution. LANE GENATOWSKI, OF NEW YORK, TO BE DIRECTOR OF Mr. MCCONNELL. I ask unanimous THE ADVANCED RESEARCH PROJECTS AGENCY–ENERGY, CAPT. PAULA D. DUNN DEPARTMENT OF ENERGY. consent that the resolution be agreed THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF STATE IN THE NAVY RESERVE TO THE GRADE INDICATED to, the preamble be agreed to, and the UNDER TITLE 10, U.S.C., SECTION 12203: motions to reconsider be considered RONALD DOUGLAS JOHNSON, OF FLORIDA, TO BE AM- BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF To be rear admiral (lower half) made and laid upon the table. THE UNITED STATES OF AMERICA TO THE REPUBLIC OF CAPT. PAMELA C. MILLER The PRESIDING OFFICER. Without EL SALVADOR. objection, it is so ordered. ADVISORY COUNCIL ON HISTORIC PRESERVATION IN THE AIR FORCE The resolution (S. Res. 220) was AIMEE KATHRYN JORJANI, OF WISCONSIN, TO BE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHAIRMAN OF THE ADVISORY COUNCIL ON HISTORIC IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- agreed to. PRESERVATION FOR A TERM EXPIRING JANUARY 19, 2021. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE The preamble was agreed to. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION DEPARTMENT OF STATE 601: (The resolution, with its preamble, is DAVID MICHAEL SATTERFIELD, OF MISSOURI, A CA- To be general printed in the RECORD of May 23, 2019, REER MEMBER OF THE SENIOR FOREIGN SERVICE, under ‘‘Submitted Resolutions.’’) CLASS OF CAREER MINISTER, TO BE AMBASSADOR EX- GEN. JOHN W. RAYMOND TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED IN THE ARMY f STATES OF AMERICA TO THE REPUBLIC OF TURKEY. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF DEFENSE ORDERS FOR FRIDAY, JUNE 28 IN THE UNITED STATES ARMY TO THE GRADE INDICATED THROUGH MONDAY, JULY 8, 2019 CHRISTOPHER SCOLESE, OF NEW YORK, TO BE DIREC- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TOR OF THE NATIONAL RECONNAISSANCE OFFICE. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Mr. MCCONNELL. Now Mr. Presi- IN THE NAVY To be general dent, I ask unanimous consent that THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. PAUL J. LACAMERA when the Senate completes its business IN THE UNITED STATES NAVY RESERVE TO THE GRADE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT today, it recess until 5 a.m., Friday, INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be rear admiral WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND June 28; further, that following the RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: prayer and pledge, the Senate resume REAR ADM. (LH) GENE F. PRICE To be lieutenant general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT consideration of the Udall amendment IN THE UNITED STATES NAVY RESERVE TO THE GRADE MAJ. GEN. MICHAEL E. KURILLA INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: No. 883 under the previous order; fur- IN THE NAVY ther, that following disposition of the To be rear admiral THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Udall amendment, the Senate adjourn REAR ADM. (LH) SHAWN E. DUANE IN THE UNITED STATES NAVY TO THE GRADE INDICATED to then convene for pro forma sessions REAR ADM. (LH) SCOTT D. JONES WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND REAR ADM. (LH) JOHN B. MUSTIN RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: only with no business being conducted REAR ADM. (LH) JOHN A. SCHOMMER To be vice admiral on the following dates and times and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT that following each pro forma session, IN THE UNITED STATES NAVY RESERVE TO THE GRADE REAR ADM. RICKY L. WILLIAMSON INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Senate adjourn until the next pro To be rear admiral IN THE UNITED STATES NAVY TO THE GRADE INDICATED forma session: Tuesday, July 2, at 4:45 UNDER TITLE 10, U.S.C., SECTION 624: p.m.; Friday, July 5, at 11:45 a.m. REAR ADM. (LH) ALAN J. REYES To be rear admiral (lower half) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT I further ask unanimous consent that IN THE UNITED STATES NAVY RESERVE TO THE GRADE CAPT. PHILIP W. YU INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: when the Senate adjourns on Friday, IN THE AIR FORCE To be rear admiral July 5, it next convene at 3 p.m., Mon- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE day, July 8, and that following the REAR ADM. (LH) TROY M. MCCLELLAND UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- IN THE ARMY SERVE OF THE AIR FORCE TO THE GRADE INDICATED prayer and pledge, the morning hour be UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: deemed expired, the Journal of pro- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be brigadier general ceedings be approved to date, the time IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COL. ARTHUR P. WUNDER for the two leaders be reserved for their RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE ARMY use later in the day, morning business To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT be closed, and the Senate proceed to MAJ. GEN. CHARLES A. FLYNN TO THE GRADE INDICATED IN THE UNITED STATES ARMY executive session and resume consider- IN THE NAVY AS A CHAPLAIN UNDER TITLE 10, U.S.C., SECTIONS 624 ation of the Bress nomination; finally, AND 7064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be brigadier general that notwithstanding the provisions of IN THE NAVY RESERVE TO THE GRADE INDICATED rule XXII, the cloture motions filed UNDER TITLE 10, U.S.C., SECTION 12203: COL. WILLIAM GREEN, JR. during today’s session ripen at 5:30 To be rear admiral (lower half) IN THE NAVY p.m., Monday, July 8. CAPT. MARK E. MORITZ THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE NAVY RESERVE TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND objection, it is so ordered. UNDER TITLE 10, U.S.C., SECTION 12203: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:

VerDate Sep 11 2014 06:15 Jun 28, 2019 Jkt 089060 PO 00000 Frm 00079 Fmt 0624 Sfmt 9801 E:\CR\FM\G27JN6.091 S27JNPT1 SSpencer on DSKBBXCHB2PROD with SENATE S4666 CONGRESSIONAL RECORD — SENATE June 27, 2019 To be vice admiral NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON PEARED IN THE CONGRESSIONAL RECORD ON JUNE 5, APRIL 29, 2019. VICE ADM. PHILLIP G. SAWYER 2019. NAVY NOMINATIONS BEGINNING WITH ERIN E. O. ACOSTA AND ENDING WITH CHRISTI S. MONTGOMERY, IN THE ARMY IN THE ARMY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH JASON BULLOCK AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE UNITED STATES ARMY TO THE GRADE INDICATED AND ENDING WITH DEMETRES WILLIAMS, WHICH NOMI- APRIL 29, 2019. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH DERECK C. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY BROWN AND ENDING WITH SHERRY W. WANGWHITE, 25, 2019. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE To be lieutenant general ARMY NOMINATIONS BEGINNING WITH JULIE A. AKE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, 2019. LT. GEN. ERIC P. WENDT AND ENDING WITH D013176, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CON- NAVY NOMINATIONS BEGINNING WITH WILLIAM H. THE FOLLOWING NAMED ARMY NATIONAL GUARD OF GRESSIONAL RECORD ON FEBRUARY 25, 2019. CLINTON AND ENDING WITH SARAH T. SELFKYLER, THE UNITED STATES OFFICER FOR APPOINTMENT IN ARMY NOMINATION OF SHANE R. REEVES, TO BE COLO- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE RESERVE OF THE ARMY TO THE GRADE INDICATED NEL. AND APPEARED IN THE CONGRESSIONAL RECORD ON UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ARMY NOMINATIONS BEGINNING WITH ALWYNMICHAEL APRIL 29, 2019. To be major general S. ALBANO AND ENDING WITH STANTON D. TROTTER, NAVY NOMINATIONS BEGINNING WITH JAMES M. BEL- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MONT AND ENDING WITH JON M. HERSEY, WHICH NOMI- BRIG. GEN. MICHAEL R. BERRY AND APPEARED IN THE CONGRESSIONAL RECORD ON NATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT APRIL 29, 2019. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, TO THE GRADE INDICATED IN THE UNITED STATES ARMY ARMY NOMINATIONS BEGINNING WITH JASON B. 2019. NAVY NOMINATIONS BEGINNING WITH MICHAEL R. UNDER TITLE 10, U.S.C., SECTION 624: ALISANGCO AND ENDING WITH D014026, WHICH NOMINA- TIONS WERE RECEIVED BY THE SENATE AND APPEARED BRUNEAU AND ENDING WITH HANS L. HOLKON, WHICH To be major general IN THE CONGRESSIONAL RECORD ON APRIL 29, 2019. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, BRIG. GEN. MICHEL M. RUSSELL, SR. ARMY NOMINATIONS BEGINNING WITH MICHAEL M. ARMSTRONG AND ENDING WITH MIAO X. ZHOU, WHICH 2019. THE FOLLOWING NAMED ARMY NATIONAL GUARD OF NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH MICHAEL C. THE UNITED STATES OFFICERS FOR APPOINTMENT IN PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, CABASSA AND ENDING WITH ALLAN J. SANDOR, WHICH THE RESERVE OF THE ARMY TO THE GRADE INDICATED 2019. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ARMY NOMINATIONS BEGINNING WITH GLENN N. 2019. JUMAN AND ENDING WITH RUSSELL T. MCNEAR, WHICH To be major general NAVY NOMINATIONS BEGINNING WITH ERIN G. ADAMS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING WITH IAN L. VALERIO, WHICH NOMINATIONS BRIG. GEN. JOSEPH L. BIEHLER PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, WERE RECEIVED BY THE SENATE AND APPEARED IN THE BRIG. GEN. WILLIAM B. BLAYLOCK II 2019. CONGRESSIONAL RECORD ON MAY 13, 2019. BRIG. GEN. THOMAS R. BOUCHARD ARMY NOMINATION OF CARMEN Y. SALCEDO, TO BE NAVY NOMINATIONS BEGINNING WITH MICHAEL E. BRIG. GEN. PAUL B. CHAUNCEY III MAJOR. HALL AND ENDING WITH DARREN L. STENNETT, WHICH BRIG. GEN. JOHANNA P. CLYBORNE ARMY NOMINATIONS BEGINNING WITH RUSSELL F. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIG. GEN. WILLIAM J. EDWARDS DUBOSE AND ENDING WITH TIMOTHY D. FORREST, WHICH PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, BRIG. GEN. LEE M. ELLIS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2019. BRIG. GEN. PABLO ESTRADA, JR. PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, NAVY NOMINATIONS BEGINNING WITH LILLIAN A. BRIG. GEN. LAPTHE C. FLORA 2019. ABUAN AND ENDING WITH CHARLES M. TELLIS, WHICH BRIG. GEN. TROY D. GALLOWAY ARMY NOMINATIONS BEGINNING WITH MICHAEL J. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIG. GEN. LEE W. HOPKINS BALLARD AND ENDING WITH D015102, WHICH NOMINA- PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, BRIG. GEN. MARVIN T. HUNT TIONS WERE RECEIVED BY THE SENATE AND APPEARED 2019. BRIG. GEN. MARK C. JACKSON IN THE CONGRESSIONAL RECORD ON MAY 23, 2019. NAVY NOMINATIONS BEGINNING WITH VIRGINIA S. BRIG. GEN. RICHARD F. JOHNSON ARMY NOMINATION OF ANDRE L. THOMAS, TO BE BLACKMAN AND ENDING WITH ABIGAIL M. YABLONSKY, BRIG. GEN. TIM C. LAWSON MAJOR. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BRIG. GEN. KEVIN D. LYONS ARMY NOMINATION OF D013839, TO BE MAJOR. AND APPEARED IN THE CONGRESSIONAL RECORD ON BRIG. GEN. MICHAEL A. MITCHELL ARMY NOMINATION OF CHRISTOPHER B. NETTLES, TO MAY 13, 2019. BRIG. GEN. MICHEL A. NATALI BE MAJOR. NAVY NOMINATIONS BEGINNING WITH BRIAN J. ELLIS, BRIG. GEN. CHAD J. PARKER ARMY NOMINATIONS BEGINNING WITH EDWARD C. JR. AND ENDING WITH SYLVAINE W. WONG, WHICH NOMI- BRIG. GEN. GREGORY C. PORTER ADAMS AND ENDING WITH G010558, WHICH NOMINATIONS NATIONS WERE RECEIVED BY THE SENATE AND AP- BRIG. GEN. JEFFREY D. SMILEY WERE RECEIVED BY THE SENATE AND APPEARED IN THE PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, BRIG. GEN. DAVID N. VESPER CONGRESSIONAL RECORD ON MAY 23, 2019. 2019. IN THE NAVY ARMY NOMINATIONS BEGINNING WITH CHARLES M. NAVY NOMINATIONS BEGINNING WITH ZIAD T. ABOONA ABEYAWARDENA AND ENDING WITH G010449, WHICH NOMI- AND ENDING WITH LISA A. WHITE, WHICH NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATIONS WERE RECEIVED BY THE SENATE AND AP- WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE UNITED STATES NAVY RESERVE TO THE GRADE PEARED IN THE CONGRESSIONAL RECORD ON MAY 23, CONGRESSIONAL RECORD ON MAY 13, 2019. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: 2019. NAVY NOMINATIONS BEGINNING WITH RUBEN D. ARMY NOMINATIONS BEGINNING WITH JOHN R. ABELLA ACOSTA AND ENDING WITH LUKE A. ZABROCKI, WHICH To be rear admiral (lower half) AND ENDING WITH D014810, WHICH NOMINATIONS WERE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CAPT. HUAN T. NGUYEN RECEIVED BY THE SENATE AND APPEARED IN THE CON- PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, GRESSIONAL RECORD ON MAY 23, 2019. 2019. DEPARTMENT OF JUSTICE NAVY NOMINATIONS BEGINNING WITH DAVID L. BELL, IN THE MARINE CORPS JR. AND ENDING WITH HAROLD S. ZALD, WHICH NOMINA- GARY B. BURMAN, OF KENTUCKY, TO BE UNITED TIONS WERE RECEIVED BY THE SENATE AND APPEARED STATES MARSHAL FOR THE WESTERN DISTRICT OF KEN- MARINE CORPS NOMINATION OF SHAWN E. MCGOWAN, IN THE CONGRESSIONAL RECORD ON MAY 13, 2019. TUCKY FOR THE TERM OF FOUR YEARS. TO BE LIEUTENANT COLONEL. NAVY NOMINATIONS BEGINNING WITH WILLIAM R. BUT- WILLIAM D. HYSLOP, OF WASHINGTON, TO BE UNITED MARINE CORPS NOMINATION OF MICHAEL R. LUKKES, LER AND ENDING WITH OMARR E. TOBIAS, WHICH NOMI- STATES ATTORNEY FOR THE EASTERN DISTRICT OF TO BE LIEUTENANT COLONEL. NATIONS WERE RECEIVED BY THE SENATE AND AP- WASHINGTON FOR THE TERM OF FOUR YEARS. MARINE CORPS NOMINATION OF JAMES Y. MALONE, TO BE LIEUTENANT COLONEL. PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, RANDALL P. HUFF, OF WYOMING, TO BE UNITED 2019. STATES MARSHAL FOR THE DISTRICT OF WYOMING FOR IN THE NAVY NAVY NOMINATIONS BEGINNING WITH BRIAN J. HALL THE TERM OF FOUR YEARS. AND ENDING WITH PHILLIP E. SMITH, WHICH NOMINA- NAVY NOMINATIONS BEGINNING WITH MATTHEW P. DEPARTMENT OF THE INTERIOR TIONS WERE RECEIVED BY THE SENATE AND APPEARED BEARE AND ENDING WITH KEITH A. TUKES, WHICH NOMI- IN THE CONGRESSIONAL RECORD ON MAY 13, 2019. ROBERT WALLACE, OF WYOMING, TO BE ASSISTANT NATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH ESTHER A. BOPP SECRETARY FOR FISH AND WILDLIFE. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, AND ENDING WITH ROBERTA S. TAYLOR, WHICH NOMINA- 2019. PRIVACY AND CIVIL LIBERTIES OVERSIGHT TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATIONS BEGINNING WITH RICHARD L. IN THE CONGRESSIONAL RECORD ON MAY 13, 2019. BOARD BOSWORTH AND ENDING WITH MATTHEW C. YOUNG, NAVY NOMINATIONS BEGINNING WITH FRECHELL I. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE LEACHMAN AND ENDING WITH LEE V. K. STUART, WHICH EDWARD W. FELTEN, OF NEW JERSEY, TO BE A MEM- AND APPEARED IN THE CONGRESSIONAL RECORD ON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BER OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT APRIL 29, 2019. PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, BOARD FOR A TERM EXPIRING JANUARY 29, 2025. NAVY NOMINATIONS BEGINNING WITH LANE C. ASKEW 2019. IN THE AIR FORCE AND ENDING WITH DONALD V. WILSON, WHICH NOMINA- NAVY NOMINATIONS BEGINNING WITH JEREMY T. TIONS WERE RECEIVED BY THE SENATE AND APPEARED CASELLA AND ENDING WITH JOSEPH M. ZACK, WHICH AIR FORCE NOMINATIONS BEGINNING WITH THOMAS IN THE CONGRESSIONAL RECORD ON APRIL 29, 2019. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JOSEPH ALFORD AND ENDING WITH GABRIEL MATTHEW NAVY NOMINATIONS BEGINNING WITH MARK A. AN- PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, YOUNG, WHICH NOMINATIONS WERE RECEIVED BY THE GELO AND ENDING WITH GREGORY E. SUTTON, WHICH 2019. SENATE AND APPEARED IN THE CONGRESSIONAL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH FREDERICK G. RECORD ON FEBRUARY 25, 2019. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, ALEGRE AND ENDING WITH KENNETH B. WOOSTER, AIR FORCE NOMINATIONS BEGINNING WITH ELBERT R. 2019. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ALFORD IV AND ENDING WITH TRACIE L. SWINGLE, NAVY NOMINATIONS BEGINNING WITH REX A. AND APPEARED IN THE CONGRESSIONAL RECORD ON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BOONYOBHAS AND ENDING WITH SARAH E. ZARRO, MAY 13, 2019. AND APPEARED IN THE CONGRESSIONAL RECORD ON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATIONS BEGINNING WITH MIGUEL A. APRIL 29, 2019. AND APPEARED IN THE CONGRESSIONAL RECORD ON CASTELLANOS AND ENDING WITH KEVIN A. SCHNITTKER, AIR FORCE NOMINATION OF CATHERINE M. TOLVO, TO APRIL 29, 2019. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BE MAJOR. NAVY NOMINATIONS BEGINNING WITH SCOTT DRAYTON AND APPEARED IN THE CONGRESSIONAL RECORD ON AIR FORCE NOMINATIONS BEGINNING WITH CHRISTIAN AND ENDING WITH THOMAS R. WAGENER, WHICH NOMI- MAY 13, 2019. F. COOPER AND ENDING WITH RYAN E. SNYDER, WHICH NATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH CHARLOTTE A. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, BROWNING AND ENDING WITH RACHEL H. WADEBROWN, PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, 2019. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 2019. NAVY NOMINATIONS BEGINNING WITH KEITH ARCHI- AND APPEARED IN THE CONGRESSIONAL RECORD ON AIR FORCE NOMINATIONS BEGINNING WITH KEITH A. BALD AND ENDING WITH DAVID C. WEBBER, WHICH NOMI- MAY 13, 2019. BERRY AND ENDING WITH STEVEN P. ROGERS, WHICH NATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH JULIE M. BARR NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, AND ENDING WITH JACOB S. WIEMANN, WHICH NOMINA- PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, 2019. TIONS WERE RECEIVED BY THE SENATE AND APPEARED 2019. NAVY NOMINATIONS BEGINNING WITH MITCHELL W. IN THE CONGRESSIONAL RECORD ON MAY 13, 2019. AIR FORCE NOMINATIONS BEGINNING WITH HASSAN N. ALBIN AND ENDING WITH TODD D. ZENTNER, WHICH NAVY NOMINATIONS BEGINNING WITH LIAM M. BATAYNEH AND ENDING WITH ASAD U. QAMAR, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- APOSTOL AND ENDING WITH ANN M. VALLANDINGHAM, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PEARED IN THE CONGRESSIONAL RECORD ON MAY 23, 2019. AND APPEARED IN THE CONGRESSIONAL RECORD ON 2019. NAVY NOMINATIONS BEGINNING WITH ADRIAN Z. MAY 13, 2019. AIR FORCE NOMINATIONS BEGINNING WITH JASON A. BEJAR AND ENDING WITH ROBERT A. WOODRUFF III, NAVY NOMINATIONS BEGINNING WITH ANTHONY L. KOSKINEN AND ENDING WITH ROBIN T. BINGHAM, WHICH WHICH NOMINATIONS WERE RECEIVED BY THE SENATE LACOURSE AND ENDING WITH SHANNON C.

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ZAHUMENSKY, WHICH NOMINATIONS WERE RECEIVED BY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH SHANE L. BEA- THE SENATE AND APPEARED IN THE CONGRESSIONAL PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, VERS AND ENDING WITH JOHN J. WILLIAMS, WHICH RECORD ON MAY 13, 2019. 2019. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH SCOTT A. HIG- NAVY NOMINATION OF MEGER D. CHAPPELL, TO BE PEARED IN THE CONGRESSIONAL RECORD ON MAY 23, GINS AND ENDING WITH PEIHUA KU, WHICH NOMINA- CAPTAIN. 2019. TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATION OF RYAN D. SCULLY, TO BE LIEU- NAVY NOMINATIONS BEGINNING WITH LEVI IN THE CONGRESSIONAL RECORD ON MAY 13, 2019. TENANT COMMANDER. DESJARLAIS AND ENDING WITH ANTHONY R. MURPHY, NAVY NOMINATIONS BEGINNING WITH NATHANIEL A. NAVY NOMINATION OF BRANDON T. BRIDGES, TO BE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BAILEY AND ENDING WITH LEONARD N. WALKER IV, LIEUTENANT COMMANDER. AND APPEARED IN THE CONGRESSIONAL RECORD ON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF MARK S. JAVATE, TO BE LIEU- MAY 23, 2019. AND APPEARED IN THE CONGRESSIONAL RECORD ON TENANT COMMANDER. NAVY NOMINATION OF MEERA CHEERHARAN, TO BE MAY 13, 2019. NAVY NOMINATION OF CHANDLER W. JONES, TO BE LIEUTENANT COMMANDER. NAVY NOMINATIONS BEGINNING WITH DAVID K. LIEUTENANT COMMANDER. NAVY NOMINATION OF SELINA D. BANDY, TO BE LIEU- BOYLAN AND ENDING WITH NED L. SWANSON, WHICH NAVY NOMINATION OF JUSTIN R. TAYLOR, TO BE LIEU- TENANT COMMANDER. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TENANT COMMANDER. NAVY NOMINATIONS BEGINNING WITH ROBERT W. PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, NAVY NOMINATIONS BEGINNING WITH KRISTINE N. BOASE AND ENDING WITH WALTER J. ZAPF III, WHICH 2019. BENCH AND ENDING WITH DAVID A. ZIEMBA, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH ONOFRIO P. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 23, MARGIONI AND ENDING WITH KURT D. WILLIAMS, WHICH PEARED IN THE CONGRESSIONAL RECORD ON MAY 23, 2019. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2019. NAVY NOMINATIONS BEGINNING WITH MATE W. PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, NAVY NOMINATIONS BEGINNING WITH DIEGO F. ALVA- AERANDIR AND ENDING WITH REBECCA L. YOUNG, WHICH 2019. RADO AND ENDING WITH JARED M. WILHELM, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH DAVID L. BACH- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 23, ELOR AND ENDING WITH THOMAS J. TAYLOR, WHICH PEARED IN THE CONGRESSIONAL RECORD ON MAY 23, 2019. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2019. NAVY NOMINATIONS BEGINNING WITH HANNAH L. PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, NAVY NOMINATIONS BEGINNING WITH ANTHONY J. BEALON AND ENDING WITH BILLY W. YOUNG, WHICH 2019. FALVO IV AND ENDING WITH BRIAN T. WIERZBICKI, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH ANDREW M. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PEARED IN THE CONGRESSIONAL RECORD ON MAY 23, COOK AND ENDING WITH DENIZ M. PISKIN, WHICH NOMI- AND APPEARED IN THE CONGRESSIONAL RECORD ON 2019. NATIONS WERE RECEIVED BY THE SENATE AND AP- MAY 23, 2019. NAVY NOMINATIONS BEGINNING WITH BRIELLE L. PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, NAVY NOMINATIONS BEGINNING WITH BECKY L. ADAMOVICH AND ENDING WITH CHELSEY L. ZWICKER, 2019. BUJAKI AND ENDING WITH NICHOLAS T. WALKER, WHICH WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF CHRISTINA M. ALLEE, TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON CAPTAIN. PEARED IN THE CONGRESSIONAL RECORD ON MAY 23, MAY 23, 2019. NAVY NOMINATION OF DAVID A. SCHUBKEGEL, TO BE 2019. NAVY NOMINATIONS BEGINNING WITH JOHN I. CAPTAIN. NAVY NOMINATIONS BEGINNING WITH ALBERT E. AR- ACTKINSON AND ENDING WITH GEORGE S. ZINTAK, NAVY NOMINATION OF JON B. VOIGTLANDER, TO BE NOLD IV AND ENDING WITH JAMES F. WRIGHTSON, JR., WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CAPTAIN. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATIONS BEGINNING WITH REBEKAH R. AND APPEARED IN THE CONGRESSIONAL RECORD ON MAY 23, 2019. JOHNSON AND ENDING WITH ROBERT S. THOMS, WHICH MAY 23, 2019. NAVY NOMINATION OF MARTIN E. ROBERTS, TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH BRIAN J. CAPTAIN. PEARED IN THE CONGRESSIONAL RECORD ON MAY 13, BANAZWSKI AND ENDING WITH EVAN B. WILLIAMS, NAVY NOMINATIONS BEGINNING WITH TODD W. GEYER 2019. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND ENDING WITH ANTHONY J. SMOLA, WHICH NOMINA- NAVY NOMINATIONS BEGINNING WITH MATTHEW A. AND APPEARED IN THE CONGRESSIONAL RECORD ON TIONS WERE RECEIVED BY THE SENATE AND APPEARED BUCH AND ENDING WITH TROY J. SHERRILL, WHICH MAY 23, 2019. IN THE CONGRESSIONAL RECORD ON JUNE 5, 2019.

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