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

Vol. 164 WASHINGTON, THURSDAY, DECEMBER 13, 2018 No. 197 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, We need to confirm more of the well- called to order by the Honorable DEAN PRESIDENT PRO TEMPORE, qualified nominees who remain waiting HELLER, a Senator from the State of Washington, DC, December 13, 2018. on the Senate’s calendar. We need to Nevada. To the Senate: deliver the targeted resources that are Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby necessary for securing our border and f appoint the Honorable DEAN HELLER, a Sen- fund the remaining parts of the Federal ator from the State of Nevada, to perform Government. PRAYER the duties of the Chair. Today, of course, debate will con- The Chaplain, Dr. Barry C. Black, of- ORRIN G. HATCH, tinue on the Sanders-Lee resolution fered the following prayer: President pro tempore. with respect to U.S. involvement in O God, our protector, mountains Mr. HELLER thereupon assumed the Yemen. As I stated yesterday, their melt in Your presence and islands Chair as Acting President pro tempore. resolution is not sufficiently prudent shout for joy. We praise You because f nor sufficiently precise for the job at Your ways are just and true. Lord, You hand. Yes, the Senate wants Saudi Ara- know our hearts and minds like an RECOGNITION OF THE MAJORITY bia to act responsibly. We want to see open book. Thank You for the security LEADER a more stable Yemen for the sake of we have in You. When all around us The ACTING PRESIDENT pro tem- the Yemeni people. We also want to seems daunting, You alone remain our pore. The majority leader. preserve this 70-year partnership, rock and refuge. f which serves our interests and helps Give our lawmakers this day such stabilize a crucial region. MEASURE PLACED ON THE reverence for You that they will stay The resolution before us is a blunt CALENDAR—S. 3747 in the path of integrity. May they and imprecise measure that would not think about You throughout the day, Mr. MCCONNELL. Mr. President, I advance these delicate goals. To the whispering prayers of gratitude for understand there is a bill at the desk contrary, it would jeopardize U.S. sup- Your goodness and grace. due a second reading. port that has actually limited civilian Lead our national and international The ACTING PRESIDENT pro tem- casualties. And I maintain that since leaders on the road that will bring pore. The clerk will read the title of genuine hostilities are not involved, glory to Your Name. Lord, give them the bill for the second time. the resolution should not even be privi- the courage to speak for justice, truth, The legislative clerk read the title of leged under the War Powers Act. and peace. the bill as follows: I urge my colleagues to vote against We pray in Your Holy Name. Amen. A bill (S. 3747) to provide for programs to their resolution and to support Chair- help reduce the risk that prisoners will man CORKER’s more responsible alter- f recidivate upon release from prison, and for native in its place. other purposes. Even considering the work still be- PLEDGE OF ALLEGIANCE Mr. MCCONNELL. In order to place fore us, Members should take pride in The Presiding Officer led the Pledge the bill on the calendar, under the pro- the significant milestones we have of Allegiance, as follows: visions of rule XIV, I object to further checked off this week. I pledge allegiance to the Flag of the proceedings. On Tuesday, the Senate completed United States of America, and to the Repub- The ACTING PRESIDENT pro tem- the 30th Federal circuit judge con- lic for which it stands, one nation under God, pore. The objection having been heard, firmation of this Congress. indivisible, with liberty and justice for all. the bill will be placed on the calendar. Yesterday evening, the Senate and f the House reached a landmark agree- f ment to reform the process by which BUSINESS BEFORE THE SENATE Capitol Hill itself handles claims of APPOINTMENT OF ACTING Mr. MCCONNELL. Mr. President, the sexual harassment, discrimination, and PRESIDENT PRO TEMPORE Senate began this week with a long list other workplace violations. It is a bi- The PRESIDING OFFICER. The of important unfinished business. And cameral and bipartisan agreement. It clerk will please read a communication make no mistake—that list remains strengthens protections for victims. It to the Senate from the President pro lengthy. It will require the continued ensures that Members of Congress shall tempore (Mr. HATCH). good-faith efforts of Members on both be held responsible for their own mis- The legislative clerk read the fol- sides of the aisle to keep up the conduct, not taxpayers. It contains a lowing letter: progress. number of other important reforms to

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

S7531

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VerDate Sep 11 2014 00:38 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.000 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7532 CONGRESSIONAL RECORD — SENATE December 13, 2018 create more transparency and account- country. I am proud to have played a known here in Washington from time ability in the process. I am very glad part in delivering that victory. to time—the occasional sense that you Congress will be taking this important It has been my privilege to represent have wound up on a bit of an island. I step. I want to thank Chairman BLUNT Kentucky farmers on the Agriculture mean, JEFF really didn’t mind this and Ranking Member KLOBUCHAR and Committee every day I have served in feeling. This is not a political meta- their counterparts in the House for the Senate. The multiyear bill we pro- phor, by the way; it is literally one of working hard to get this across the fin- duced is a credit to the leadership of the man’s hobbies. ish line. Chairman ROBERTS and Ranking Mem- Starting back in 2009, and several That wasn’t the only milestone we ber STABENOW, and now the fruits of times since, our colleague had decided cleared yesterday. Yesterday after- their labor are finally on the way to a ‘‘dream vacation’’ means a rugged noon, the House of Representatives the White House. survival trip where he is marooned on joined the Senate in passing the farm I would like to express my gratitude a remote island with just a couple bill conference report. Now it is on its to my follow conferees, especially my tools. In one eloquent reflection, JEFF way to the President’s desk. colleague from Kentucky, Congress- described this predilection as ‘‘a long The boost this bill delivers couldn’t man JAMIE COMER. bout of ‘Caruso envy.’ ’’ come soon enough. It is no secret that I would also like to thank the Ken- That first time, he traveled alone. To these are tough times in farm country. tucky Farm Bureau, which has been pass the time, there was the standard Falling prices and volatile markets my partner every step of the way. Ear- activities—dodging sharks; make it harder to make ends meet. Net lier this month, the farm bureau an- spearfishing for breakfast, lunch, and farm income continues to decline. The nounced the beginning of its centennial dinner; starting fires with coconut threat of natural disasters is a con- year. I would be hard-pressed to think husks and a magnifying glass; befriend- stant fear for even the most skilled and of a better way to celebrate that 100th ing the hermit crabs—you know, typ- prepared farmers. birthday than with a new farm bill. ical tourist fare. Families in my home State of Ken- There is a reason this bill passed In fairness to our friend, maybe a tucky are all too familiar with these both Houses with overwhelming bipar- solo getaway has a special appeal to challenges. Months of heavy rain and tisan majorities. There is a reason this anyone who grew up as one of 11 chil- severe weather this year have damaged has been a big priority for Congress dren or, for that matter, I can see why crop yields and increased the burden on and the administration. Farming fami- it might tempt a Member of the House, producers. We are home to more than lies deserve more stability. Once the but apparently the appeal was some- 75,000 farms. They produce everything President signs this farm bill into law, what broader than the alone time be- that is precisely what they will have. from soybeans and poultry to horses cause on subsequent trips JEFF actu- and corn. These families are looking to f ally brought company. us for help and stability, and when TRIBUTE TO JEFF FLAKE A few years ago, he talked our col- President Trump signs our farm bill league MARTIN HEINRICH into coming Mr. MCCONNELL. Mr. President, I into law, more stability is just what along on one of these adventures. It they will get. would like to close by paying tribute to another Member of this body whose re- was just the two of them—and some TV I would like to share some of the cameras. This was prime time stuff bill’s highlights that will support farm tirement in the Senate is fast ap- proaching. This particular Senator, in now. The network called the show families in the Blue Grass State, by ‘‘Rival Survival.’’ way of example. his own words, grew up on a dry, dusty That title actually reminds me of In need of certainty and predict- ranch in Northern Arizona. You might something JEFF said to his former col- ability, this farm bill extends a strong be surprised at that description if you leagues in the House in his farewell commodity safety net and protects knew only the name of his hometown— speech, while he was preparing to come crop insurance. ‘‘Snowflake.’’ But this Navajo County over here. He said coming to the Sen- It contains policies to encourage fu- town of a couple of thousand residents ate was like entering ‘‘enemy terri- ture generations of farmers to plant wasn’t named for its meteorology; it tory.’’ That is a funny phrase, ‘‘enemy their own roots—particularly impor- was named for its founding families. It territory.’’ It is funny because vitriol tant in States like mine with aging ag- was set up back in 1878 by two wagon and hostility are so precisely not how ricultural populations. train pioneers: Mr. Snow and—that is To preserve our land for the future, right—Mr. FLAKE. It would still be 34 Senator FLAKE will be remembered. the legislation promotes conservation years until Arizona became the 48th Instead, there have been warm and programs, outdoor recreation, and up- State, and 134 years later, that Mor- genuine friendships with colleagues on graded watershed and drinking water mon pioneer’s great-great-grandson both sides of the aisle and shared work infrastructure. would be elected to the U.S. Senate. on policy accomplishments that have For our rural communities, it ex- JEFF FLAKE is the son of cattle already made a difference for millions pands broadband deployment and dedi- ranchers, so he learned all about ‘‘ear- of Americans. cates further resources to combat the marking’’ from an early age. Back JEFF has cast votes for landmark ac- opioid epidemic. when JEFF was serving in the House, he complishments that have tangibly For hundreds of thousands of Ken- explained in an op-ed that back on the made life better for middle-class fami- tuckians faced with food insecurity, ranch, earmarking was an unsavory lies in his home State and across the the farm bill increases funding for way to brand your cattle. Apparently, Nation. We don’t have enough time emergency programs at food banks. the practice involves a pocketknife. here to name them all. The legislation provides continued Well, JEFF moved on from that cattle As part of this majority on behalf of funding for groundbreaking agricul- pen. He wound up leading a statewide the people of Arizona, Senator FLAKE tural research at universities and re- think tank. Then he won election to gave his vote to start historic tax cuts search institutions. the House. By the time he arrived here and tax reform for the American people For producers looking for markets in Washington—filled with equal parts and to enact major regulatory reforms abroad, it strengthens our trade pro- fiery resolve and smalltown and to pass bipartisan achievements on grams to develop new opportunities for collegiality—‘‘earmarks’’ had come to every subject from the opioid crisis to Kentucky around the globe. mean something very different to him, caring for our veterans. Of course, each of these important but, as his House colleagues would soon So JEFF has achieved much in this victories for Kentucky farmers comes find out, he found the new meaning high office. He has had a hand in nu- in addition to the new opportunities just as unappealing. merous consequential policy victories. available with the full legalization of JEFF’s take on fiscal responsibility A few years back, he was named by The industrial hemp, as I have discussed ex- and good government ruffled some Hill newspaper as the No. 1 most beau- tensively here on the floor. feathers over in the House, but his star tiful person on Capitol Hill. Talk about All in all, this legislation is a big win kept rising. He didn’t seem to mind an achievement that few of us can even for farmers in Kentucky and across our that lonely feeling that we have all aspire to.

VerDate Sep 11 2014 00:38 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.002 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7533 Seriously, I think we all know that NAFTA—which it certainly will not— tial role in cyber espionage, given their nothing JEFF has done in these hall- then I guess we don’t have to. Let’s reported links to China’s state security ways will rank as his proudest accom- fund the government. services, and now news reports have plishment. That has to be persuading Honestly, if the President really be- confirmed that the massive cyber at- Cheryl to marry him and the beautiful lieved what he tweeted this morning, tack on the Marriott hotel chain a few family they have built together, five that his new NAFTA would pay for the weeks ago was conducted by none other kids—Alexis, Austin, Tanner, Ryan, wall, he wouldn’t be threatening to than Chinese intelligence. and Dallin—and now grandchildren. shut down the government unless This administration has been tougher Almost a decade ago, after his first American taxpayers fund his wall. He on China than previous administra- island adventure, JEFF wrote: ‘‘I will can’t have it both ways. The Presi- tions. They deserve credit for that, but never see a sunset as peaceful as [the dent’s position on the wall is totally this administration has also shown an ones] I saw there.’’ contradictory, ill-informed, and frank- eagerness to quickly bargain away Well, I am not so sure. I suspect that ly irresponsible. It is not a serious pro- tough enforcement of Chinese abuses when JEFF is back home with his love- posal. It is a throwaway idea the Presi- for mild and sometimes meaningless ly family by his side—well, with com- dent used—used in the campaign and concessions so President Trump can pany like that, I expect the Arizona still uses—to fire up his base. get a quick news hit, particularly on a sunsets will give those Pacific nights a A Trump temper tantrum and shut- bad day. That is what happened with run for their money after all. down threat isn’t going to change any ZTE. No one wants to see a repeat of So we bid farewell to our colleague. minds in Congress. President Trump that movie. We thank him for his service, and we has several ways to avoid a shutdown. We had ZTE dead to rights. They wish him and his family much happi- He should pick one and soon, but if we were hurting America, and President ness in the next chapters they will be wind up with a shutdown, it will be en- Trump, at the last minute—still unex- writing together. tirely the President’s fault. President plained—let them off the hook. I hope I suggest the absence of a quorum. Trump himself would not dispute that that doesn’t happen again because this The PRESIDENT pro tempore. The in the Oval Office on Tuesday. He al- administration has set us up for a po- clerk will call the roll. most bragged that he would shut down tential victory for the first time—bet- The legislative clerk proceeded to the government—what irresponsibility. ter than Bush’s administration, better call the roll. I would just like to remind my friend than Obama’s administration—against Mr. SCHUMER. Mr. President, I ask the majority leader that if we arrive at China rapaciousness. unanimous consent that the order for a Trump shutdown, the onus for re- I am urging the President to be the quorum call be rescinded. opening the government will soon fall tough on Huawei and direct U.S. offi- The ACTING PRESIDENT pro tem- in his lap. When Democrats take con- cials to prosecute these charges and pore. Without objection, it is so or- trol of the House in January, Demo- have the Huawei CFO stand on trial in dered. crats will pass one of our two options the United States, as she deserves. f to fund the government, and then f Leader MCCONNELL and Senate Repub- RECOGNITION OF THE MINORITY TRIBUTE TO HEIDI HEITKAMP licans will be left holding the bag for a LEADER Trump shutdown if they don’t pass our Mr. SCHUMER. Mr. President, fi- The ACTING PRESIDENT pro tem- bill now. nally, to my dear friend and about my pore. The Democratic leader is recog- So there is no way for my Republican dear friend, the Senator from North nized. friends to avoid the issue. There is no Dakota. The task sadly falls to me to f way for Leader MCCONNELL to avoid begin saying goodbye to Members of our caucus who will not be returning in GOVERNMENT FUNDING the issue, fearful of President Trump as they all might be. Either Republicans the 116th Congress. This morning, I Mr. SCHUMER. Mr. President, we help deal with the President now or would like to begin with the junior have just a little over a week to come they will be left dealing with a much Senator from North Dakota. to some agreement on how to fund the bigger problem in January. HEIDI HEITKAMP had a childhood that government past next Friday. f sounds like it was ripped from the Leader PELOSI and I have given the pages of a frontier epic. She grew up as President two options to keep the gov- CHINA one of seven kids born over 9 years in ernment open. Both are noncontrover- Mr. SCHUMER. Mr. President, a brief a house with three bedrooms, in a town sial. Neither contain any Democratic word on China. I have spent the better with a population south of 100. Do the demand. We just want to keep the gov- part of the last two decades encour- math. That means that around one- ernment open. So far, President Trump aging administrations to be tougher on tenth of the town was Heitkamps. has not accepted either offer. The China, which has risen to challenge the Inside the household, the lack of President appears to be clinging to his United States economically, not space meant that HEIDI’s room was also demand for billions of dollars for a bor- through fair trade and fair competition her brother’s room and also the laun- der wall, and from what we saw in the but by shielding its market from U.S. dry room. According to her sisters, the Oval Office and news reports about his competition, flouting international presence of a laundry machine had al- reaction after our meeting, President trade rules against dumping currency most no effect on her. She read and Trump is willing to throw a temper manipulation, relentlessly stealing our read, and rarely, if ever, did she par- tantrum and shut down the govern- intellectual property and know-how. ticipate in the washing or folding of ment unless he gets his way. China has not played by the rules. the Heitkamp laundry. I want to be crystal clear. There will They are the outlaw of trade, and they Her siblings didn’t seem to mind, at be no additional appropriations to pay have cost the United States millions of least not too much. As Julie Heitkamp for the border wall. It is done. The jobs and probably trillions, if not hun- said about growing up with HEIDI, ‘‘She President repeatedly promised that dreds of billions, of dollars. was so good . . . it was annoying.’’ Mexico would pay for his unnecessary The recent arrest of the CFO of It turned out that the bookworm and ineffective border wall, in his Huawei, a tech giant in China with from a small town in North Dakota words, ‘‘100 percent.’’ On Tuesday, he close ties to its government and mili- was destined for great things. When she said he would be ‘‘proud’’ to shut down tary, is a reminder of the predatory worked for Senator Kent Conrad, the the government unless U.S. taxpayers and rapacious behavior of Chinese com- outstanding Democrat from North Da- pay for it. Now, just this morning, the panies. Huawei is charged by U.S. offi- kota, he realized the same goodness in President tweeted that Mexico will pay cials with intentionally violating U.S. HEIDI her sisters recognized, and he en- for the wall through savings from the sanctions with Iran. couraged her to run for State auditor new NAFTA. Beyond these specific charges, how- at the age of 28. She didn’t win that Well, Mr. President, if you say Mex- ever, Huawei has raised serious con- race, but she ran again for State tax ico is going to pay for the wall through cerns among U.S. officials for a poten- commissioner and won and, again, for

VerDate Sep 11 2014 00:38 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.003 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7534 CONGRESSIONAL RECORD — SENATE December 13, 2018 attorney general and won—fighting on received funding. Recently, it had its FAREWELL TO THE SENATE behalf of sexual assault survivors and first meeting—a legacy that will live Mr. HELLER. Madam President, I against the abusive practices of the to- on. She also wrote Savanna’s Act to rise with gratitude to address my col- bacco industry. She would run for Gov- address the epidemic of missing and leagues and members of my staff to re- ernor and, eventually, for the Senate— murdered Native American women. It flect on one of my life’s greatest hon- losing the first but winning the second. passed the Senate unanimously just a ors, and that is serving the people of She would become the first woman ever few weeks after the election. the great State of Nevada. I begin by elected to the Senate from the great Well, HEIDI, the Senate is catching up thanking them for giving me the pro- State of North Dakota. to you, and we intend to use the time found honor of representing Nevada in For someone who came from where we have to build on the incredible leg- the U.S. Congress for 12 years and then HEIDI came, that election might have acy you leave on these issues. Just so I in the U.S. Senate for almost 8 years. felt like a culmination—but no. For will never forget what your service has Nevada, thank you for granting me HEIDI, it was just the beginning. It was meant to this Chamber, I will always the privilege of working every day for not about winning or even beating the keep the picture of the three HEITKAMP a State I am so proud to call my home. odds. It was about what you did with sisters on my wall in my office—all Of course, I thank my immediate the time you had when you were here. with their high North Dakota cheek- family, especially Lynne, my wife, for As HEIDI talked about in her farewell bones. It is going to stay there to be a being at my side for my nearly 30 years speech, what is important is how we reminder of what HEIDI has done and, of public service. use our time. Let the history books re- more importantly, I am sure she would To my children Hilary, Harris, Drew, port just how well the Senator from say, as a reminder of the many things and Emmy and to their spouses Eddie, North Dakota used her time while she we still have to do to continue the McKenzie, and Collin, thank you for has been here. great legacy she will leave. your patience, your understanding, and HEIDI had been able to bring Demo- Those of us on this side of the aisle— your tolerance of this process. crats and Republicans together during at least I—will miss her cornbread as I would be remiss if I didn’t thank a time of extraordinary partisan divi- well, her insistence on Corona beer, Jack and Janet Heller, my parents, for sions—one of the few who could do it so and her ability to suffer even the worst setting the right example and religious successfully on such major issues. It Fargo accents—or mimicking of Fargo tone in our home while I was growing had been because she understood how accents as I attempted to do—that up. each side saw an issue, what each side were directed in her way. To Richard Brombach, my father-in- wanted, and what a compromise could All of us in this Chamber will sure law, and all of my wife’s family, thank look like. Once she knew an agreement miss the junior Senator from North you for raising such a wonderful daugh- was possible, she worked like no other Dakota—her warmth, her passion, her ter, sister, cousin, and aunt. to see that it was achieved. sincerity, her political courage. We I have five brothers and sisters, and That is how she got Senator WHITE- owe a debt of gratitude to Darwin, her they all played a vital role in my up- HOUSE and Senator MCCONNELL on the husband, and to her children Ali and bringing. So thank you to Jack, Tamie, same energy bill having to do with car- Nathan for borrowing HEIDI for these Mac, Sara, and Bryan. bon capture—a remarkable feat with a years. We wish them all the best as All of these individuals whom I have staunch environmentalist who gives well. mentioned gave me their steadfast sup- speeches on the floor every day about I yield the floor. port and made my journey from the green and with a Senator from a coal Nevada Legislature to the secretary of State who defends that industry. That f state’s office, to the U.S. House of Rep- is how she created the first AMBER RESERVATION OF LEADER TIME resentatives, and to the U.S. Senate Alert in Indian Country. It was with possible. I could count on them every The PRESIDING OFFICER (Mrs. our dearly departed friend, Senator step of the way. HYDE-SMITH). Under the previous order, McCain. That is how she helped to shut We all know how important our the leadership time is reserved. down backpage and child sex traf- staffs are, and I am no exception. I ficking on the internet with broad bi- f have been fortunate to have had two staff members with me during my partisan support. CONCLUSION OF MORNING What a great legacy—all of it bipar- whole tenure in Congress, and I would BUSINESS tisan. That instinct for compromise like to highlight both of them. and consensus was born from her life The PRESIDING OFFICER. Morning Mac Abrams, my chief of staff, hails experience. In her family of nine, HEIDI business is closed. from North Carolina. I know more was known as the arbitrator. Even her f about North Carolina than I thought I name is a compromise. Born Mary ever would. Mac came to me from Sen- Kathryn, HEIDI became ‘‘Heidi’’ be- DIRECTING THE REMOVAL OF ator Vitter’s office. After 12 years, we cause there was a ‘‘Mary’’ and a ‘‘Kath- UNITED STATES ARMED FORCES muse about writing a book together be- ryn’’ in her grade school class. She FROM HOSTILITIES IN THE RE- cause, together, we have seen and been gladly accepted the nickname. PUBLIC OF YEMEN THAT HAVE through a lot. From the great reces- Of course, there have been times NOT BEEN AUTHORIZED BY CON- sion’s impact on Nevada to the visits HEIDI couldn’t bring our two sides to- GRESS—Continues from Senator Reid to my House office, gether on an issue because she had al- The PRESIDING OFFICER. Under to Senator Ensign’s resignation, to the ready been further along than both the previous order, the Senate will re- Governor’s appointment of me to the sides. sume consideration of S.J. Res. 54, Senate, to ObamaCare, Dodd-Frank, Senator HEITKAMP has been the first which the clerk will report. immigration reform, tax reform, and to really drive home in the Senate the The senior assistant legislative clerk changing the courts—just to name a plight of Native American women. She read as follows: few—Mac has always been there. has worked at it tirelessly because she A joint resolution (S.J. Res. 54) to direct In these Chambers, there are a lot of believes that if people were to know the removal of United States Armed Forces slings and arrows, and it takes an ex- about the poverty and abuse and addic- from hostilities in the Republic of Yemen pert to walk through these minefields. tion that has plagued many reserva- that have not been authorized by Congress. No one does it alone. I have always had tions and how they affect both the men Pending: Mac Abrams by my side. So I thank and women, they would be up in arms Young amendment No. 4080, to clarify that him for his service to me but, more im- about it. So she wrote the first bill to this resolution prohibits United States portantly, for his service to the State create a Commission on Native Amer- Armed Forces from refueling non-United of Nevada. ican Children who suffer from rates of States aircraft conducting missions as part Scott Riplinger has also served the poverty, malnutrition, and education of the ongoing civil war in Yemen. office with distinction. Those who disparity far above other populations. The PRESIDING OFFICER. The Sen- know him and who have worked with A little while ago, it became law and ator from Nevada. him know that he is a problem solver.

VerDate Sep 11 2014 00:38 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.005 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7535 It didn’t matter which hat he was Hayley Douglas, Stewart ‘Mac’ Bybee, from every era are eligible. This was asked to wear, he wore it with pride. I Michawn Rich, Pat Garrett, Alli Collier, particularly important to many vet- will miss his hard work, his work on Tom Ferraro, Stephanie Beverly, Mari St. erans in Nevada who told me how crit- the Banking Committee, his loyalty, Martin (Nakashima), Corrine Gianpaolo ical it was that we give veterans more (Zakzeski), Katie Carr, Alison Gaske, Steph- access to this program. and his great sense of humor. Every of- anie Ferguson, Karen Paulson, Paula Car- fice needs a Scott Riplinger. roll, Amber Heinz, Ryan McBride, Victoria These are just a couple of examples I would like to mention two more. Glover, Emily Wilkenson, Jeremy Harell, to fix a problem that came up during Sarah Paul has become a dear friend Kristen Elias. my discussions during my Veterans Ad- of mine. She joined my staff 71⁄2 years Kristen Pierce (Casey), Luke Burns, Spen- visory Council meetings. I established ago, and I have leaned on her heavily cer Armuth, Laura Hutson (Bland), Greg these groups of veterans in the north- to help navigate some very com- Facchiano, Chandler Smith, Neal Patel, ern and southern parts of the State in plicated issues. From gaming issues, to Lauren Ann Rehrauer, Ryan Leavitt, Chana order to speak frequently and directly mining, to technology, no one—I say Elgin, Matt Morris, John Knobel, John with them about the challenges they Blum, Mallory Nersesian, Robert Jackson, are facing and the problems that need no one—can grasp an issue like she Eric Duhon, Erin Collins, Christine Atchian, can. During the last campaign, she Daniel Giudici, Britt McManus Chapman. to be fixed. served as my chief of staff as others Veronica Charles, Josh Marin-Mora, Chloe For instance, just a few years ago, were relegated to the State of Nevada. McClintock, Sam Crampton, Glenna Smith, the Reno VA was one of the worst Thank you, Sarah, and congratula- Lucero-Gomez Ochoa, Stephen Sifuentes, Mi- ranked offices in the Nation. This was tions. chael Mendenhall, Margot Allen, Terri Fair- at a time when veterans were waiting, On Thanksgiving Day, she introduced field, Leonardo Benavides, Matt Morris, An- on average, 400 days for their disability Liam Milliner Paul to the world. dres Moses. claims to be approved. This was not ac- Again, congratulations to Sarah, to VETERANS ceptable, so I teamed up with Senator Raymond, and to big brother James on Mr. HELLER. Madam President, I BOB CASEY, from Pennsylvania, to hold the new addition. would like to shift gears, for just a mo- the VA’s feet to the fire. As a result of Finally, I recognize Ashley Jonkey. ment, to mention several topics that the implementation of the 21st Century Ashley oversees our State operation, have demanded a lot of my time and a Veterans Benefits Delivery Act, the and she has been with us since my lot of my energy. backlog has been reduced by nearly 85 early days in the U.S. House of Rep- When it comes to our legislative suc- percent, and 500,000 of our military he- resentatives. Whether it is putting to- cesses—tax reform, changes on the roes around the country are no longer gether the Tahoe Summit or keeping courts, banking reform, go down the waiting for their health benefits. We me up to speed on local issues, Ashley list—I am most proud of what we have also provided accountability through is someone I can always count on. In accomplished to help the 300,000 vet- expedited firing authority of bad VA fact, over the past decade that I have erans who call Nevada home. I think employees and overhauled the VA ap- known Ashley, she has become like everybody in this Chamber will agree peals process so veterans do not have family to me but, more importantly, that while we can never fully repay our to wait years for a decision. The Presi- like family to Lynne. She is based in debt to our Nation’s heroes, we can do dent signed this bill into law in Reno Reno, but we are fortunate to have her everything in our power to show our last year. here in Washington, DC, today. gratitude for their selflessness and for Expanding veterans’ access to care I recognize her, along with Mac, their sacrifice. Once these men and has been one of my top priorities. For Scott, Sarah, and the many members women return home after leaving their veterans living in Northern Nevada, I of my staff, who are here today on the families to fight for our country, it is worked to authorize construction of floor of the U.S. Senate. our turn to fight for them and to make the Reno VA hospital and delivered We have a great team. I have had a sure all of Nevada’s veterans receive $33.5 million in Federal funding for it great team from top to bottom—a team the treatment they need, the services so that the veterans of the north don’t that includes naturalized citizens they need, and the skills they need to have to drive 500 miles to Boulder City whose families came to this country to get the jobs to take care of their fami- to access the State Veterans Home. seek better lives, professional social lies. I walked through the construction workers, and multiple combat vet- I see that responsibility as a duty site when I was in Sparks last month, erans. Every member of my team in and a privilege. In fact, I have said this and I look forward to the completion of Reno, Elko, Las Vegas, and Wash- before, and I will say it again: The this state-of-the-art facility. I did the same for veterans in South- ington, DC, has worked tirelessly to greatest compliment I ever received in ern Nevada. I worked for 10 years to se- make a difference in the lives of Nevad- public office was when I overheard one cure the approval of the new larger ans. My staff’s dedication, enthusiasm, veteran say to another, ‘‘If you need clinic in Pahrump. For veterans who and work ethic go unmatched. help, call Senator HELLER’s office.’’ face barriers to try to get an education I ask unanimous consent to have a As a senior member of the U.S. Sen- so that they can earn a good living, I list of current and former staff and ate Committee on Veterans’ Affairs, I introduced a bill that increases the their names printed in the RECORD for have had the opportunity to give our education benefits for Guard Reserve this legislative day. veterans a strong voice in Washington, members that ensures that the GI bill There being no objection, the mate- DC. Under Chairman JOHNNY ISAKSON’s rial was ordered to be printed in the is available to veterans for life. leadership, we have made great strides After Nevada was ranked second RECORD, as follows: in bringing greater accountability to among States with the highest rate of SENATOR HELLER’S LIST OF CURRENT AND the VA and in improving the benefits, veteran suicides and was experiencing FORMER STAFF TO BE ENTERED INTO THE the care, and the support our veterans CONGRESSIONAL RECORD a doctors’ shortage, I authorized a new have earned. law that gives veterans more access to Mac Abrams, Sarah Paul (Timoney), Ash- For example, earlier this year, we mental healthcare services and treat- ley Jonkey, Meron Bayu, Scott Riplinger, pushed the historic VA MISSION Act Megan Taylor, Gretchen Andersen, Annie ment. Sedgwick, Scarlet Doyle, Andrew Williams, over the finish line. This new law di- I am grateful for the opportunity to Joe Boddicker, Blair Bjellos, Rachel Green, rects more than $50 billion to our VA work with Chairman ISAKSON, Ranking Lindsey Parobeck, Jazmine Kemp, Adam healthcare system so the VA can hire Member TESTER, Senate leadership, Miller, Hayley Brower, William Yepez, more high-quality doctors and allow and this administration to enact laws Meagan Devlin, Elizabeth Lloyd. veterans to get the care they need near that provide our veterans with the sup- Michael Lienhard, Katie Pace, Rocio Meza, their homes and on their schedules. port and benefits they are owed. Lauren Morris, Eduardo Martinez, Brett Pol- We also expanded the VA Caregivers While we have made progress, we can lak, Mark Sutliff, Donna Bath, Kike De La Program, which provided a stipend to Paz, Andrew Lingenfelter, Christy Guedry, and must do even better. It is my hope Devyn Hartmann, Bruno Moya, Ryan Dutiel, the families of severely disabled vet- that the next Congress—Republicans Marcie Zajac, Andrew Thomas, Andrew erans who require caregivers in their and Democrats—can continue to work Holbert, Emy Lesofski, Leeann Gibson homes. Previously, only post-9/11 vet- together to get things done for our vet- (Walker), Josh Finestone. erans were able to apply. Now veterans erans.

VerDate Sep 11 2014 00:38 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.006 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7536 CONGRESSIONAL RECORD — SENATE December 13, 2018 Now, on another topic—tax reform— ment rate was nearly double what it is we created the Entertainment Capital when I delivered my maiden speech on now, or breaking with my party to pass of the World. the floor of the Senate, Nevada was the Violence Against Women Act, I One characteristic outsiders may struggling after being knocked down have always been willing to work with overlook is this: We are fighters. There by the great recession—a time when anyone who has good ideas to help is no other event in our history that Nevada led the Nation in home fore- move Nevada’s families and Nevada’s best serves as an example of that trait closures and when we had double-digit communities forward. than the aftermath of the October 1 unemployment. Today, Nevada is lead- While I am pleased that I have been mass shooting in Las Vegas, a tragedy ing the Nation in private sector job able to work with my colleagues to that truly shook our State. growth, the housing market has recov- turn these ideas into over 100 pieces of I have spoken before on the Senate ered, and home prices are increasing. legislation that are now law, this job is floor about the incredible and heroic Now we are one of the fastest growing about more than advancing good poli- people who helped to lead concertgoers States in the Nation. cies. It is about helping people, and and, in turn, the whole community, out Nevada is booming. It is because this that is what is most important. I work of that darkness. Whether these indi- Congress delivered tax cuts that put for Nevadans, and when someone comes viduals wore uniforms or not, they more money in America’s paychecks, to me with a problem or calls one of stepped up to help others, and their ac- their pocketbooks, and their pensions, my offices for help, we drop everything tions helped us grieve and start to heal and we advanced pro-growth policies we do and all that we do in an effort to together. that have led to more jobs, higher help them. This immeasurable pain, suffering, wages, and more opportunities for Ne- When the VA refused to pay a home- and devastation inflicted by one man vadans. less veteran $40,000 after he won his ap- elicited a profound, innate, and imme- As a Member of the Senate Com- peal, we made sure the veteran got paid diate human response from Nevadans mittee on Finance, I am proud to have so he could get back on his feet. across the State. authorized and authored several provi- When a constituent had a liver trans- Like many Nevadans, I saw firsthand sions in the Tax Cuts and Jobs Act that plant and was denied coverage and left the strong sense of family, faith, and include, for example, not limiting but without insurance, he enrolled into the strength in the wake of the October 1 doubling the child tax credit from marketplace exchange. When the time shooting. When I leave here, I will $1,000 to $2,000 per child. Since the law came to reenroll, the exchange denied carry those extraordinary moments of was enacted, tens of thousands of jobs him and forced him to go without in- unity and generosity with me. in the State of Nevada have been cre- surance until my office intervened. During the 1989 inaugural address, ated. Recently, Nevada’s unemploy- Take, for example, a woman who Former President George H. W. Bush ment rate hit a new 11-year low—the came to us after being charged a Medi- once said: lowest rate since the 2008 economic care penalty of about 40 percent each We know what works: Freedom works. We downturn. As a result of this new law, month. My staff worked with the local know what’s right: Freedom is right. We tens of thousands of Nevadans have and regional offices to secure reim- know how to secure a more just and pros- benefited from bonuses, raises, and ex- bursement of $1,000 and to adjust the perous life for man on Earth: through free panded benefits, on top of bigger pay- monthly premium to save that con- markets, free speech, free elections, and the checks and strengthened pensions. stituent, potentially, thousands of dol- exercise of free will unhampered by the To give you a couple of examples, lars. state. South Point Hotel and Casino doubled When a constituent spent 9 months Regardless of what party affiliation its full-time workers’ bonuses. Devel- trying to get her Social Security re- you have, I still think we can all agree opers of a stalled project on the Las tirement benefits, we were able to get with those words. We can all agree that Vegas Strip committed to creating her a resolution to properly begin re- we are fortunate to live in a great over 10,000 jobs, and the Prospect Hotel ceiving her payment. country defended by men and women in Ely gave its employees bonuses and Finally, when a Navy veteran was in who stand guard to defend our way of raised its starting wages. All of this jeopardy of losing his home while he life. We can all agree we are fortunate was a direct result of the tax reform was temporarily out of work, we con- to live in a great country in which bill. tacted the lender of his mortgage on every aspiration or dream is possible to Nevada’s economy is back on track, his behalf and ensured that he was able achieve. We can all agree that this is and I hope this Congress will continue to keep his home. because freedom works, and that free- to advance policies to keep us on that These are just a few examples of dom is right. path to help Nevada workers and the what this job is really all about—mak- No, not everything comes easy, and I hard-working families get ahead. ing life better for people you work for. would be lying if I said others didn’t Let me move on. Since coming to I know that I am not alone. I truly be- have to fight harder than some. But Washington, DC, my No. 1 focus has al- lieve that this is what drives all Mem- that job you want to get, that school ways been the people of Nevada and bers of Congress, and that is to serve you want to get into, that business you putting our State’s priorities first. For their constituents—no matter your want to start, or that idea that you example, I worked with Senator MAR- party, no matter your State, no matter would like to see come to life is pos- TIN HEINRICH from New Mexico to level what you did before you got here. sible in America. This is a country the playing field for the development Before I got here, I grew up with two where the son of an auto mechanic and of new, alternative energy technologies parents and five siblings who, like Ne- a school cook had the opportunity to to support Nevada’s energy diversifica- vadans, embodied the ‘‘battle born’’ deliver the newspaper to then-Governor tion. spirit. I would like to pay tribute not Michael O’Callaghan, go to Sunday Earlier this year, I was proud to host only to my family, friends, and men- school with then-Lieutenant Governor the bipartisan annual Lake Tahoe tors who have helped me along the way Harry Reid’s sons, get his education at Summit, and I worked with Senator but to all of my constituents by talk- the same public high school as the late FEINSTEIN throughout my career to de- ing a little bit about what makes Ne- Senator Paul Laxalt, play basketball liver resources to protect the Tahoe vada different. with Governor Brian Sandoval, and a Basin and to fight devastating Nevadans are pioneers. They are not place where that same kid can grow up wildfires. afraid to take risks, to dream, to put in and serve Nevada in the U.S. Senate. When Congress came together to ap- hard work, or to start from scratch. We My goal always has been making Ne- prove a 5-year highway bill, I was able are self-starters, we are builders, and vada a better place today than it was to secure my top infrastructure pri- we are trailblazers. We laid down yesterday. It is a better place to raise ority, and that was to expand Inter- tracks to connect railroads and mined a family—not only one where you can state 11 up to Northern Nevada. for gold and silver in the north. We find a job but a place where you can Whether it is leading the Republican shoveled mud, drilled through rocks, have a long-term career. charge to extend unemployment bene- and scaled concrete to construct the I would like to end with this. My fits in 2014, when Nevada’s unemploy- Hoover Dam, and in the Mojave Desert daughter Hillary and her husband

VerDate Sep 11 2014 00:38 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.008 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7537 adopted a young child from China. She done to help ordinary Nevadans that do be there for my last 2 years as chair- was abandoned as an infant at a bus not involve major pieces of legislation. man so that I could count on him a lit- station. Her name is Ava. She was He certainly played a part in major tle bit more. raised in an orphanage for the first 2 legislation like the Tax Cuts and Jobs DEAN is the real deal. He is the guy years of her life. Act, but DEAN’s efforts to also pass leg- you can put money in the bank on. He When my daughter and her family islation like the SAFER Act, which has helped a lot. first met Ava, she did not cry when she helps our law enforcement agencies re- I wish him the very best. His service was hungry. She did not cry when she duce the rape kit backlog—DEAN’s ef- to the country is invaluable. I served was tired. She did not cry when she forts on the Federal level, coupled with with him in the House and in the Sen- needed to be changed, and she did not State level reforms, played a role in ate. For the whole 20 years he has been cry when she was hurt. Why? Because making it possible for nearly 8,000 un- here, I have been here too. I have seen it didn’t matter; she was always on tested sexual assault kits in Nevada to him in countless tough votes. Whether someone else’s time. But she did cry be sent to labs for testing. it is Part D of Medicare or whatever it when they took her shoes off to put her DEAN’s commitment to our veterans might be, he has always been there to to bed. You see, in an orphanage, kids led to his bill, the Veterans Urgent Ac- be counted on. sleep with their shoes on so they don’t cess to Mental Healthcare Act. He has stood up for the State of Ne- get lost. Ava, at 2 years of age, had I appreciate his reminding us that vada, whether the issue was nuclear en- never slept without her shoes on. sometimes the most important work ergy, nuclear storage, nuclear waste, or Now, she did cry the first time when we do is what we call casework. When nuclear bombs. they bathed her in a tub of water. In an veterans come to us and say ‘‘I am not Nevada is a great State. This is a orphanage, you take cloth baths. So getting access to the healthcare that I great Senate, and we have a great Ava had never been in a bathtub. have earned by virtue of my military country. One of the reason we do is we Today, when Ava falls, someone is service’’ or when a senior says ‘‘I am have great individuals like DEAN HELL- there to pick her up. Today, when she not getting my Social Security bene- ER. cries, someone is there to wipe away fits’’ or sometimes when people contact God bless you, and I wish you the the tears. Today, when she is hungry, us and say ‘‘I have relatives who can’t best. someone is there to feed her. Today, enter the country because they can’t The PRESIDING OFFICER. The Sen- when she is tired, there is always some- get a visa’’—these are the kinds of ator from South Dakota. one there to tuck her into bed. things that people will never forget. Mr. THUNE. Madam President, I When Ava grows up in this country, They are the sorts of acts of individual wish to associate myself with the com- there will be plenty of doors that she kindness and generosity that, with a ments of my colleague from Georgia, can open that would otherwise have true attitude of public service, people Senator ISAKSON, who chairs the Vet- been closed. I will never forget seeing will never forget. Sometimes these ef- erans Affairs Committee. my newest granddaughter in the arms forts amount to some of the most I have the privilege of chairing the of the Vice President, knowing that meaningful work that we can do and Senate Commerce Committee. Senator her life had changed forever. that our staff can do. HELLER has been a very active and im- This is the job at hand, to uphold this So I have every confidence that we portant voice on our committee on country’s longstanding reputation as will see and hear a lot more from DEAN countless issues. Our committee has a the land of opportunity. and Lynne, no matter what they do. It very broad, wide jurisdiction. We heard I an optimist, and I will remain one is clear to me that DEAN has his prior- him speak about his passion for vet- after leaving this great Chamber be- ities right: family first, faith, and then erans, and everybody knows that and cause I have seen remarkable moments service to our country. how hard he has worked to make life here in Washington. This body has DEAN, we are going to miss you, but better for veterans in the State of Ne- come a long way from its early days we look forward to staying in touch vada. But I would say, also, on issues when Henry Clay, Daniel Webster, and with you and Lynne, as friends do, and like rural broadband and transpor- John Calhoun were navigating a di- we wish you all the luck. Given your tation, many of which, as I said, fall vided nation and fighting to save our talent for working on cars, which is under the jurisdiction of the Senate young democracy. I believe that our one of the things I think is particularly Commerce Committee, I can’t think of Nation’s future is bright, and that Ne- noteworthy, you will be my first call if anybody who has been more pas- vada’s future is bright. My heart has I need my transmission fixed. sionate, more representative of his been and always will be in Nevada, a I yield the floor. State and his people, more conscien- State that I love and a place that I am The PRESIDING OFFICER. The Sen- tious, more hard-working, and, frank- so proud to call home. ator from Georgia. ly, just rock solid when it comes to the Thank you for giving me the oppor- Mr. ISAKSON. Madam President, as way he stands up for and represents the tunity to work for you. chairman of the Veterans Committee, State of Nevada here in the U.S. Sen- Thank you, Madam President. for the last 4 years I have had the ate. I yield the floor. privilege of working with DEAN HELLER So I, too, am going to miss him and The PRESIDING OFFICER. The ma- from Nevada. his voice and his excellent work and jority whip. In his opening remarks in his fare- that of his staff on the Senate Com- Mr. CORNYN. Madam President, I well speech, he spoke about his com- merce Committee. As those who have can say with great confidence that Ne- passion for veterans. I have seen it up spoken before me have said, we know vada and the Senate and the country close and personal. His value as a mem- that his contributions not only to the are better for DEAN HELLER’s service to ber of that committee to me is invalu- people of Nevada but also to the people our Nation. We know DEAN is a smart able. I could not have had a better of this country will continue because guy. He is so smart that when I was member. he is someone who not only has great chairman of the National Republican We had a lot of tough votes that had talent but also tremendous character. Senatorial Committee in 2010 and was to be taken. A lot of times I had to As I think about the future that he trying to get him to run for the U.S. count noses, and I knew I could count and Lynne are going to enjoy, hope- Senate, he declined to do so, only to on him when it got to committee. This fully it will include a little more time then run in 2012 and, obviously, he suc- is a guy you could count on 100 percent together and more time with those ceeded. of the time, every day. grandkids, which we talk about all the I know there are many others who He cares about what he is doing. He time. would like to speak and pay tribute to knows what he is doing. He is an affa- The other thing I appreciate about DEAN, and I won’t take but a moment. ble person who is fun to be with, even DEAN HELLER is that no matter how Of course, one of the things I remem- if you disagree on things. DEAN is one tough the going was, he always had a ber most about Senator HELLER is his of a kind, in my opinion, and someone smile on his face. People talk about his optimism. I also particularly appre- I am very proud to have served with on optimism. That is a virtue that, to me, ciate his comment about things he has the committee. I wish he were going to really matters around here. We deal

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That is always evident legislation requiring the Secretary of it—and I am going to describe why in a whenever you encounter DEAN HELLER Energy to obtain the written consent moment—I think it is important that in any circumstance. The thing I think of the Governor and impacted local the Senate have big debates about big I will miss the most about him is that Tribal communities before building a topics and play its rightful role. The whenever I see him, I see that smile, nuclear waste repository. Senate and the legislative branch have and I appreciate that. As you have heard, DEAN and I also an important role to play in setting I wish him and Lynne and his family shared an unfortunate, horrific inci- the foreign policy of the United States. the best in the days ahead. I thank him dent on October 1—the deadly shooting I actually don’t think the War Pow- for his great work here, and I thank his in Las Vegas. He and I were on the ers Act is constitutional. I believe it is family for the sacrifice they have made ground, along with our entire delega- an unconstitutional restraint on the to enable him to be here to represent tion, to do everything we could in our power of the Commander in Chief, and Nevadans in the U.S. Senate. community, and DEAN was everywhere. even if it were constitutional, I do not So, Senator HELLER, God bless you He was talking to so many people, believe that our engagement, or what and your family in the days ahead. thanking the first responders, stopping we are doing in Yemen with the Saudi I yield the floor. by the hospitals, talking with the fami- UAE coalition, rises to a level of trig- The PRESIDING OFFICER. The Sen- lies. It truly was his commitment to gering it. ator from Nevada. his home State to do everything he That doesn’t mean that Congress Ms. CORTEZ MASTO. Madam Presi- could to help that community heal, should not be involved. Frankly, the dent, like my colleagues, I, too, want and he continues to do so today. one way to be involved if you wanted to honor and express my gratitude to The one thing I do know as a Ne- to, if you wanted to pronounce yourself my friend and colleague, Senator DEAN vadan born and raised, just like DEAN, on a matter of this topic, you should HELLER. is that when it comes to our beloved Most people don’t know that he has file to cut off the money. I wouldn’t State, it is about putting that State support it, but that is where Congress’s spent 30 years serving the great State first, the people there, and uniting and of Nevada. I have heard everyone talk power really comes from. Shut off the coming together to make sure that we money; say that no money can be spent about how DEAN loves Nevada. There is are working together. No matter the no doubt that if you just have an ini- on this effort. Few people are willing to climate, no matter the partisanship do that, so we rely on these other tial conversation with DEAN HELLER, that we see here in Washington, it is you will learn about Nevada and his mechanisms that exist in our law. about what we can do every single day But I want to talk more about why I love for Nevada and why it is a wonder- to work together, and I thank him for ful place to live. think it is bad idea to vote for this and that commitment. I thank him for his why I hope more of my colleagues will He has advocated for the people of willingness to bring this junior Senator Carson City as a member of our Nevada join me in opposing it. in and have conversations about how First of all, I understand what is hap- State Assembly. He served as Nevada’s we can work together to the benefit of secretary of state, where he made Ne- pening. This resolution is not new; it our community. has been discussed before. It existed for vada the first State in the Nation to I want to thank Senator HELLER for a number of months, well before Wash- adopt paper records for electronic vot- everything he has done over the years ington Post columnist Jamal ing machines. on behalf of the State of Nevada, for Khashoggi’s brutal murder at the In Congress, DEAN has fought tire- his decades of service, and for his Saudi consulate in Yemen. So this is lessly on behalf of our Nation’s vet- friendship. I wish you and Lynne and not a new issue, but it has become for erans, as we have heard, first as a Rep- your beautiful children and grand- many Members proxy—a vehicle by resentative for Nevada’s Second Con- children the best in this chapter of gressional District and then as a your life. I know you are not done. We which they can express displeasure at United States Senator. I have watched are all excited to see what is next. the way the administration and the DEAN and have had the honor to work So I thank you, my friend, and I look President have responded to the mur- with him now across the aisle. forward to working with you in the fu- der of Mr. Khashoggi. When I first came to the Senate as a ture as well. Thank you for your com- I think what has happened to Mr. junior Senator, he warmly welcomed mitment. Khashoggi is an outrage. I don’t need a me. We had a conversation about how I yield the floor. smoking gun or an intelligence briefing we could work together—although we The PRESIDING OFFICER. The Sen- to tell me that the Crown Prince is re- don’t see eye to eye on everything, but ator from Florida. sponsible. how we could work together for the Mr. RUBIO. Madam President, before If you know anything about Saudi best interests of the State of Nevada. I speak on the topic that I came to the Arabia, if you know anything about He made a commitment then, and he floor to speak about, which is the reso- how their government works, and if followed through on that commitment. lution currently before the Senate, I you know anything about the Crown So together we have worked to do so wanted to just echo the commentary Prince, you know that there is no way many things on behalf of the great peo- made about our colleague Senator that 17 guys close to him get on an air- ple of the State of Nevada. We worked HELLER. I have enjoyed our time work- plane, fly to a third country, chop up a on critical infrastructure. He has ing together. guy in a consulate, dispose of the body, worked to support our local law en- I spent 6 years of my childhood grow- and fly back, and he didn’t know any- forcement and fund programs, as you ing up in Las Vegas, so we have a lot of thing about it. It is just not real. have heard, for veterans and seniors mutual friends. He knows a lot of the It is also consistent with a pattern of and low-income families. people I grew up with and is a part of behavior by the Crown Prince. He lit- We also found common ground, just our family. He will be sorely missed erally kidnapped the Prime Minister of as Nevadans expected us to do, and in- here. I am sure he will be warmly wel- Lebanon about a year and a half ago. troduced bipartisan legislation to pro- comed back home to the community He has jailed multiple members of his tect our public lands in eastern Nevada and to his family. We all look forward family and government because they while also prioritizing long-term eco- to seeing the future endeavors lying weren’t in support of his being the suc- nomic growth in our rural commu- ahead for him. I know he still has cessor to the King. This is a pattern of nities. I have also worked with him and much to offer the Nation and the State behavior that needs to be dealt with. I watched DEAN as he worked on domes- of Nevada. do not believe dealing with it requires tic violence prevention and human S.J. RES. 54 us to shatter the Saudi-U.S. alliance. trafficking prevention in the State of Madam President, one of the things Foreign policy is hard because it Nevada. that makes service in the Senate must be infused with our values and

VerDate Sep 11 2014 00:38 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.011 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7539 the defense of human rights. And I say kill members of the Saudi royal family launched against Saudi Arabia—mis- this with humility—I hold my record and government leadership. They have siles that, by the way, in a contingency up to that of anyone in this Chamber threatened global shipping in the re- where there is a crisis between the when it comes to fighting on behalf of gion, where over 400 million barrels of United States and Iran, would also be human rights and humanitarian oil a day transit—critical to the able to target American service men causes, and we have a lot of great world’s energy supplies. So they are and women serving in the region. You champions of that in the U.S. Senate. going to have a war. There is no way are going to see these explosive UAVs But we also have to recognize that this Saudi Arabia or the UAE or any of that they have already used in attack- has to be balanced sometimes with re- these countries are going to allow ing Saudi Arabia. alism, and it requires us to make dif- themselves to be encircled by Iranian Do you know what Saudi Arabia is ficult decisions. agents. going to do in response? They are going The interesting thing about foreign This conflict will continue irrespec- to hit them back even harder. In fact, policy is that it is often not a choice tive of what we do, and the Saudis will they may even hit Iran, triggering an between a great idea and a bad idea; it have no problem buying weapons. One even broader war. And it gets worse. It is often a choice between two less- of the sad facts about the world today gets worse because you can also see than-ideal outcomes, and you are try- is that countries have plenty of sources them using explosive boats and anti- ing to figure out which one would do from which they can buy this weaponry ship missiles to cut off shipping lanes the least harm and make the most and plenty of countries and arms deal- in the Arabian Gulf. At that point, you sense. In many ways, that is what we ers who are willing to sell it to them. will see the U.S. Navy called upon to are facing here in this debate about the Will this resolution, if it passes, end go in there and reopen shipping be- Saudi-U.S. alliance. the suffering? The answer, sadly, is no, cause the global energy supply is rely- I have long recognized and con- it will not. In fact, it is the Houthis ing upon it, and the world looks to the demned the horrifying human rights who have blocked the two access roads United States as a guarantor of the violations that occur at a systemic that lead to the port, making it dif- freedom of the seas. level in Saudi Arabia, and I will con- ficult to deliver aid. It is the Houthis In essence, this could very well lead, tinue to do so. But I also recognize who have placed mines at the entrance in the long run, to an even broader and that there is a threat in the Middle of the port. It is the Houthis, by the more dangerous conflict that could in- East posed by Iran and their ambitions way, who are torturing people—tor- volve us and could pull us in. That is that must be confronted, and it must turing people. We have seen reports of the way we need to think about these be confronted now, regionally, or even- faces being smashed by batons, of peo- issues—not just what is before us now. tually it will pull the United States ple hanging from chains by their geni- You have to think two or three steps into direct conflict. Saudi Arabia and tals and by their wrists for weeks in ahead, and two or three steps ahead is our alliance is a key part of that coali- places, people being scorched with acid. that this could become a broader con- tion, so it would be a mistake to shat- That is the Houthis. That will con- flict that forces us in. ter it. tinue. Imagine it for a moment. We know In the case of Yemen, this has be- Will this end the warfare? It will not. for a fact that Iran’s plans are to use come a proxy issue for the broader It will not end the warfare. In fact, I surrogates to attack the United States issue of the murder of Mr. Khashoggi. think it has the potential to trigger in instances of a crisis. That is why Hopefully later today, there will be a broader warfare. these Shia militias in Iraq are so dan- resolution offered by the chairman of First of all, it won’t end the warfare gerous. At a moment’s notice, they the Foreign Relations Committee and because right now they are having could decide they are going to start at- the majority leader—I hope others will peace talks. Put yourself in common tacking American troops in Iraq, and join in—that makes very clear that the sense for a moment, and ask yourself: Iran is going to say: It wasn’t us; it was vast majority of Members in this If you are the Houthis and you just the Shia militia. That is why Hezbollah Chamber condemn what happened to read in the newspaper that now the in Syria is so dangerous. That is why Mr. Khashoggi and hold the Crown U.S. Senate has voted to end support Lebanese Hezbollah is so dangerous. Prince responsible for his murder. for Saudi Arabia—do you know what That is why they have cells all over the There is no disputing that what is they are thinking? We don’t need a world ready to be activated at a mo- happening in Yemen is a horrifying hu- peace deal; we might be able to win ment of crisis as an asymmetrical way manitarian tragedy. The numbers this thing now. They don’t know that for Iran to attack the United States speak for themselves. Over 57,000 it is not going to become law, that the without direct attribution. And now we human beings have lost their lives. House is not going to take it up. They are going to give them one more—the Half the country’s population of 28 mil- don’t know any of that. They just read Houthis in Yemen to target our service lion people is starving to death, includ- that the United States is weakening in men and women and our allies in the ing many women and children, and 2.3 its support of Saudi Arabia, and they region, and then we will have to re- million people have been displaced think, we don’t need a peace deal. It is spond, and then we will be in a war in- from their homes. It is horrifying, and going to embolden them to not strike a volving American service men and there is plenty of blame to go around, peace deal. women. including Iran and their Houthi surro- But here is where I think it really Nothing we are doing now guarantees gates. gets dangerous. The United States that won’t happen anyway, but I am The first question I would ask is, If stops its support of Saudi Arabia. telling you that if we pull out of this this resolution passes and were to be- Houthis establish more control and effort, it makes it likely. I think it come law, would it end this conflict? If more stability in their control in areas makes it likely that we will see a we pass this and the White House were of Yemen. What are they going to do broader conflict in the very near future somehow forced to do what we are ask- then? Are they then going to go and re- that will directly involve the United ing them to do, it wouldn’t end this build the country, build roads and States of America. conflict. This conflict will continue, bridges, and move on to an era of pros- On this final point, I will say that it this fight will continue, and the reason perity and peace? They are not. They is important for us to think about why is pretty straightforward: The are going to become what they are but these things pragmatically because we Saudis view the Houthis as agents of in an expanded way—agents of Iranian lose our influence over the conduct of Iran. They already see agents of Iran influence and of Iranian-sponsored vio- this war. The Saudi authorities and via Hezbollah, Syria, and Iraq obvi- lence. their military do not do a good job of ously for a long time in Lebanon, and Here is what you can expect to see if respecting the rules of war. In fact, now, to their west and south, Yemen. the Houthis establish control of key they have a military culture in Saudi They are not just agents of Iran. They areas of Yemen and are able to reach a Arabia where you are more likely to have launched rockets and ballistic stalemate or, worse, are able to solidify get punished for not taking the shot missiles into Saudi Arabia, at their ci- their grip on power: You are going to than for blowing up a bus full of chil- vilian populations, including efforts to see hundreds of ballistic missiles dren or hitting a residential project.

VerDate Sep 11 2014 00:43 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.013 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7540 CONGRESSIONAL RECORD — SENATE December 13, 2018 You are more likely to be punished for SECTION 1. SHORT TITLE; REFERENCES IN ACT; TITLE I—REFORM OF DISPUTE not taking the shot than for taking the TABLE OF CONTENTS. RESOLUTION PROCEDURES (a) SHORT TITLE.—This Act may be cited as Subtitle A—Reform of Procedures for Initi- shot that kills innocents. That has to the ‘‘Congressional Accountability Act of change, and we have some level of in- ation, Preliminary Review, and Resolution 1995 Reform Act’’. of Claims fluence now, given the fact that we are (b) REFERENCES IN ACT.—Except as other- engaged with them, to sort of steer wise expressly provided, whenever in this SEC. 101. DESCRIPTION OF PROCEDURES AVAIL- Act an amendment or repeal is expressed in ABLE FOR CONSIDERATION OF AL- them in that direction and explain to LEGED VIOLATIONS. terms of an amendment to or repeal of a sec- them what troubles our alliance here (a) PROCEDURES DESCRIBED.—Section 401 (2 tion or other provision, the reference shall in Washington. We lose that influence U.S.C. 1401) is amended to read as follows: if we walk away. be considered to be made to that section or other provision of the Congressional Ac- ‘‘SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS. I do sympathize with the two points countability Act of 1995 (2 U.S.C. 1301 et ‘‘(a) FILING AND REVIEW OF CLAIMS.—Ex- behind this resolution: reasserting con- seq.). cept as otherwise provided, the procedure for gressional authority on foreign pol- (c) TABLE OF CONTENTS.—The table of con- icy—I agree we need to have more over- tents of this Act is as follows: consideration of an alleged violation of part A of title II consists of— sight and engagement, and I agree that Sec. 1. Short title; references in Act; table ‘‘(1) the filing of a claim by the covered the conduct of this war in Yemen is of contents. employee alleging the violation, as provided horrifying and that what is happening TITLE I—REFORM OF DISPUTE in section 402; to civilians there is terrible. I just RESOLUTION PROCEDURES ‘‘(2) the preliminary review of the claim, to don’t think our pulling out makes it Subtitle A—Reform of Procedures for Initi- be conducted by a hearing officer as provided better. I actually think it makes it ation, Preliminary Review, and Resolution in section 403; worse, and I actually think that in the of Claims ‘‘(3) mediation as provided in section 404, if long run, it sucks America into a much Sec. 101. Description of procedures available requested and agreed to by the parties under for consideration of alleged vio- that section; and broader and more dangerous conflict. ‘‘(4) a formal hearing as provided in section That is why I hope more Senators here lations. Sec. 102. Reform of process for initiation of 405, subject to Board review as provided in today will oppose this resolution. procedures. section 406 and judicial review in the United We do need to send a clear message Sec. 103. Preliminary review of claims by States Court of Appeals for the Federal Cir- to Saudi Arabia that what the Crown hearing officer. cuit as provided in section 407. Prince did to Mr. Khashoggi is unac- Sec. 104. Availability of mediation during ‘‘(b) RIGHT OF EMPLOYEE TO FILE CIVIL AC- ceptable, but this is the wrong way to process. TION.— do the right thing. Subtitle B—Other Reforms ‘‘(1) CIVIL ACTION.—Only a covered em- ployee who has filed a claim timely as pro- Sec. 111. Requiring Members of Congress to I yield the floor. vided in section 402 and who has not sub- reimburse Treasury for Mr. LEAHY. Madam President, I mitted a request for a hearing on the claim amounts paid as settlements know I was supposed to speak next, but pursuant to section 405(a) may, during the and awards in cases of acts by I know the distinguished Senator from period described in paragraph (3), file a civil Members. Missouri has a unanimous consent re- Sec. 112. Automatic referral to Congres- action in a District Court of the United quest, so I yield to him. sional Ethics Committees of States with respect to the violation alleged Mr. BLUNT. I thank the Senator disposition of certain claims al- in the claim, as provided in section 408. from Vermont. leging violations of Congres- ‘‘(2) EFFECT OF FILING CIVIL ACTION.—Not- sional Accountability Act of withstanding paragraph (2), (3), or (4) of sub- f 1995 involving Members of Con- section (a), if the covered employee files gress and senior staff. such a civil action— AMENDING THE CONGRESSIONAL ‘‘(A) the preliminary review of the claim ACCOUNTABILITY ACT OF 1995 Sec. 113. Availability of remote work assign- ment or paid leave of absence by the hearing officer as provided in section Mr. BLUNT. Madam President, I ask during pendency of procedures. 403 shall terminate upon the filing of the ac- unanimous consent that the Senate Sec. 114. Modification of rules on confiden- tion by the covered employee; and proceed to the immediate consider- tiality of proceedings. ‘‘(B) the procedure for consideration of the alleged violation shall not include any fur- ation of S. 3749, introduced earlier Sec. 115. Reimbursement by other employ- ing offices of legislative branch ther review of the claim by the hearing offi- today by Senator KLOBUCHAR and my- of payments of certain awards cer as provided in section 403. self. and settlements. ‘‘(3) PERIOD FOR FILING CIVIL ACTION.—The The PRESIDING OFFICER. The period described in this paragraph with re- TITLE II—IMPROVING OPERATIONS OF spect to a claim is the 70-day period which clerk will report the bill by title. OFFICE OF CONGRESSIONAL WORK- begins on the date the covered employee files The senior assistant legislative clerk PLACE RIGHTS read as follows: the claim under section 402. Sec. 201. Reports on awards and settlements. ‘‘(4) SPECIAL RULE FOR EMPLOYEES WHO FAIL A bill (S. 3749) to amend the Congressional Sec. 202. Workplace climate surveys of em- TO STATE A CLAIM FOR WHICH RELIEF MAY BE Accountability Act of 1995 to reform the pro- ploying offices. GRANTED.—Notwithstanding paragraph (3), if cedures provided under such Act for the ini- Sec. 203. Record retention. a covered employee receives a written notice Sec. 204. Confidential advisors. tiation, review, and resolution of claims al- from the hearing officer under section Sec. 205. GAO study of management prac- leging that employing offices of the legisla- 403(d)(2) that the employee has the right to tive branch have violated the rights and pro- tices. Sec. 206. GAO audit of cybersecurity. file a civil action with respect to the claim tections provided to their employees under in accordance with section 408, the covered such Act, including protections against sex- TITLE III—MISCELLANEOUS REFORMS employee may file the civil action not later ual harassment, and for other purposes. Sec. 301. Application of Genetic Information than 90 days after receiving such written no- There being no objection, the Senate Nondiscrimination Act of 2008. tice. proceeded to consider the bill. Sec. 302. Extension to unpaid staff of rights ‘‘(c) SPECIAL RULE FOR ARCHITECT OF THE Mr. BLUNT. Madam President, I ask and protections against em- CAPITOL AND CAPITOL POLICE.—In the case of ployment discrimination. an employee of the Office of the Architect of unanimous consent that the bill be Sec. 303. Clarification of treatment of Li- considered read a third time and passed the Capitol or of the Capitol Police, the Of- brary of Congress visitors. fice, after receiving a claim filed under sec- and the motion to reconsider be consid- Sec. 304. Notices. tion 402, may recommend that the employee ered and laid upon the table. Sec. 305. Clarification of coverage of em- use the grievance procedures of the Archi- The PRESIDING OFFICER. Is there ployees of Helsinki and China tect of the Capitol or the Capitol Police for objection? Commissions. resolution of the employee’s grievance for a Without objection, it is so ordered. Sec. 306. Training and education programs specific period of time. Any deadline in this of other employing offices. Act relating to a claim for which the em- The bill (S. 3749) was ordered to be Sec. 307. Support for out-of-area covered em- engrossed for a third reading, was read ployee is using the grievance procedures, ployees. that has not already passed by the first day the third time, and passed, as follows: Sec. 308. Renaming Office of Compliance as of that specific period, shall be stayed during Office of Congressional Work- S. 3749 that specific period. place Rights. Be it enacted by the Senate and House of Rep- ‘‘(d) ELECTION OF REMEDIES FOR LIBRARY OF resentatives of the United States of America in TITLE IV—EFFECTIVE DATE CONGRESS.— Congress assembled, Sec. 401. Effective date. ‘‘(1) DEFINITIONS.—In this subsection:

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‘‘(A) DIRECT ACT.—The term ‘direct Act’ sonable under the circumstances, each of the regarding an alleged violation of part A of means an Act (other than this Act), or provi- following is correct: title II to the Committee on Ethics of the sion of the Revised Statutes, that is specified ‘‘(1) No pleading, written motion, or other House of Representatives or the Select Com- in section 201, 202, or 203. paper is presented for any improper purpose, mittee on Ethics of the Senate (as the case ‘‘(B) DIRECT PROVISION.—The term ‘direct such as to harass, cause unnecessary delay, may be); or provision’ means a provision (including a or needlessly increase the cost of resolution ‘‘(C) to file a civil action in accordance definitional provision) of a direct Act that of the matter. with section 401(b). applies the rights or protections of a direct ‘‘(2) The claims, defenses, and other legal ‘‘(b) INITIAL PROCESSING OF CLAIM.— Act (including rights and protections relat- contentions the party advocates are war- ‘‘(1) INTAKE AND RECORDING; NOTIFICATION ing to nonretaliation or noncoercion) to a ranted by existing law or by a nonfrivolous TO EMPLOYING OFFICE.—Upon the filing of a Library claimant. argument for extending, modifying, or re- claim by a covered employee under sub- ‘‘(C) LIBRARY CLAIMANT.—The term ‘Li- versing existing law or for establishing new section (a), the Office shall take such steps brary claimant’ means, with respect to a di- law. as may be necessary for the initial intake rect provision, an employee of the Library of ‘‘(3) The factual contentions have evi- and recording of the claim, including pro- Congress who is covered by that direct provi- dentiary support or, if specifically so identi- viding each party with all relevant informa- sion. fied, will likely have evidentiary support tion with respect to the rights of the party ‘‘(2) ELECTION AFTER PROCEEDINGS INITIALLY after a reasonable opportunity for further re- under this Act, and shall transmit imme- BROUGHT UNDER THIS ACT.—A Library claim- view or discovery. diately a copy of the claim to the head of the ant who initially files a claim for an alleged ‘‘(4) The denials of factual contentions are employing office and the designated rep- violation as provided in section 402 may, at warranted on the evidence or, if specifically resentative of that office. any time before the date that is 10 days after so identified, are reasonably based on belief ‘‘(2) SPECIAL NOTIFICATION REQUIREMENTS a hearing officer submits the report on the or a lack of information. FOR CLAIMS BASED ON ACTS BY MEMBERS OF preliminary review of the claim under sec- ‘‘(g) PROCEDURE.—Nothing in this Act shall CONGRESS.— tion 403(c), elect to bring the claim for a pro- be construed to supersede or limit section ‘‘(A) IN GENERAL.—In the case of a claim al- ceeding before the corresponding Federal 225(d)(2).’’. leging a violation described in subparagraph ONFORMING AMENDMENT RELATING TO agency under the corresponding direct provi- (b) C (B) which consists of a violation described in CIVIL ACTION.—Section 408(a) (2 U.S.C. sion, instead of continuing with the proce- section 415(d)(1)(A) by an individual, upon 1408(a)) is amended— dures applicable to the claim under this title the filing of the claim under subsection (a), (1) by striking ‘‘section 404’’ and inserting or filing a civil action in accordance with the Office shall notify immediately such in- ‘‘section 401’’; section 408. dividual of the claim, the possibility that the (2) by striking ‘‘who has completed coun- ‘‘(3) ELECTION AFTER PROCEEDINGS INITIALLY individual may be required to reimburse the seling under section 402 and mediation under BROUGHT UNDER OTHER CIVIL RIGHTS OR LABOR account described in section 415(a) for the re- section 403’’; and LAW.—A Library claimant who initially imbursable portion of any award or settle- (3) by striking the second sentence. brings a claim, complaint, or charge under a ment in connection with the claim, and the (c) OTHER CONFORMING AMENDMENTS TO direct provision for a proceeding before a right of the individual under section 415(d)(8) TITLE IV.—Title IV is amended— Federal agency may, prior to requesting a to intervene in any mediation, hearing, or (1) by striking section 404 (2 U.S.C. 1404); hearing under the agency’s procedures, elect civil action under this title with respect to and to— the claim. ‘‘(A) continue with the agency’s procedures (2) by redesignating section 403 (2 U.S.C. ‘‘(B) VIOLATIONS DESCRIBED.—A violation 1403) as section 404. and preserve the option (if any) to bring any described in this subparagraph is— (d) MISCELLANEOUS CONFORMING AMEND- civil action relating to the claim, complaint, ‘‘(i) harassment that is unlawful under sec- MENT.—Section 225 (2 U.S.C. 1361) is amend- or charge, that is available to the Library tion 201(a) or 206(a); or ed— claimant; or ‘‘(ii) intimidation, reprisal, or discrimina- (1) by striking subsection (e); and ‘‘(B) file a claim with the Office under sec- tion that is unlawful under section 207 and is (2) by redesignating subsection (f) as sub- tion 402 and continue with the corresponding taken against a covered employee because of section (e). procedures of this title available and appli- a claim alleging a violation described in (e) CLERICAL AMENDMENTS.—The table of cable to a covered employee. clause (i). ‘‘(4) TIMING.—A Library claimant who contents is amended— meets the initial deadline under section (1) by striking the item relating to section ‘‘(c) USE OF SECURE ELECTRONIC REPORTING 402(d) for filing a claim under this title, or 404; and AND TRACKING SYSTEM.— any initial deadline for bringing a claim, (2) by redesignating the item relating to ‘‘(1) ESTABLISHMENT AND OPERATION OF SE- complaint, or charge under the applicable di- section 403 as relating to section 404. CURE SYSTEM.—The Office shall establish and rect provision, and then elects to change to SEC. 102. REFORM OF PROCESS FOR INITIATION operate a secure electronic reporting system alternative procedures as described in para- OF PROCEDURES. through which a covered employee may ini- graph (2) or (3)(B), shall be considered to (a) INITIATION OF PROCEDURES.—Section 402 tiate a proceeding under this title, and which meet any initial deadline for the alternative (2 U.S.C. 1402) is amended to read as follows: will keep an electronic record of the date and procedures. ‘‘SEC. 402. INITIATION OF PROCEDURES. time at which the proceeding is initiated and will track all subsequent actions or pro- ‘‘(5) APPLICATION.—This subsection shall ‘‘(a) CLAIM.— ceedings occurring with respect to the pro- take effect and shall apply as described in ‘‘(1) FILING OF CLAIM.—To commence a pro- ceeding under this title. section 153(c) of the Legislative Branch Ap- ceeding under this title, a covered employee ‘‘(2) ACCESSIBILITY TO ALL PARTIES.—The propriations Act, 2018 (Public Law 115–141) alleging a violation of law made applicable system shall be accessible to all parties to (except to the extent such section applies to under part A of title II shall file a claim with such actions or proceedings, but only until any violation of section 210 or a provision of the Office. The Office shall not accept a the completion of such actions or pro- an Act specified in section 210). claim which is filed after the deadline appli- ceedings. ‘‘(e) RIGHTS OF PARTIES TO RETAIN PRIVATE cable under subsection (d). ‘‘(3) ASSESSMENT OF EFFECTIVENESS OF PRO- COUNSEL.—Nothing in this Act may be con- ‘‘(2) CONTENTS OF CLAIM.—The claim filed CEDURES.—The Office shall use the informa- strued to limit the authority of any indi- under this section shall be made in writing tion contained in the system to make reg- vidual (including a covered employee, the under oath or affirmation, shall describe the ular assessments of the effectiveness of the head of an employing office, or an individual facts that form the basis of the claim and procedures under this title in providing for who is alleged to have committed personally the violation that is being alleged, shall the timely resolution of claims, and shall an act which consists of a violation of part A identify the employing office alleged to have submit semi-annual reports on such assess- of title II) to retain counsel to protect the committed the violation or in which the vio- ments each year to the Committee on House interests of the individual at any point dur- lation is alleged to have occurred, and shall Administration of the House of Representa- ing any of the procedures provided under this be in such form as the Office requires. tives and the Committee on Rules and Ad- title for the consideration of an alleged vio- ‘‘(3) NO EFFECT ON ABILITY OF COVERED EM- ministration of the Senate. lation of part A of title II, including as pro- PLOYEE TO SEEK INFORMATION FROM OFFICE OR vided under section 415(d)(8) with respect to PURSUE RELIEF.—Nothing in paragraph (2), or ‘‘(d) DEADLINE.—A covered employee may individuals subject to a reimbursement re- subsection (b) or (c), may be construed to not file a claim under this section with re- quirement of section 415(d). limit the ability of a covered employee— spect to an allegation of a violation of law ‘‘(f) STANDARDS FOR ASSERTIONS MADE BY ‘‘(A) to contact the Office or any other ap- after the expiration of the 180-day period PARTIES.—Any party in any of the proce- propriate office prior to filing a claim under which begins on the date of the alleged viola- dures provided under this title, as well as this section to seek information regarding tion.’’. any counsel or other person representing a the employee’s rights under this Act and the (b) CLERICAL AMENDMENT.—The table of party in any of such procedures, shall have procedures available under this Act; contents is amended by amending the item an obligation to ensure that, to the best of ‘‘(B) in the case of a covered employee of relating to section 402 to read as follows: the party’s knowledge, information, and be- an employing office of the House of Rep- lief, as formed after an inquiry which is rea- resentatives or Senate, to refer information ‘‘Sec. 402. Initiation of procedures.’’.

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SEC. 103. PRELIMINARY REVIEW OF CLAIMS BY civil action with respect to the claim in ac- (g) CLERICAL AMENDMENTS.—The table of HEARING OFFICER. cordance with section 408. contents, as amended by section 101(e), is (a) PRELIMINARY REVIEW DESCRIBED.—Title ‘‘(e) TRANSMISSION OF REPORT ON PRELIMI- further amended as follows: IV (2 U.S.C. 1401 et seq.), as amended by sec- NARY REVIEW OF CERTAIN CLAIMS TO CON- (1) By inserting after the item relating to tion 101(c), is further amended by inserting GRESSIONAL ETHICS COMMITTEES.—In the case section 402 the following new item: after section 402 the following new section: of a hearing officer’s report under subsection ‘‘Sec. 403. Preliminary review of claims.’’. ‘‘SEC. 403. PRELIMINARY REVIEW OF CLAIMS. (c) on the preliminary review of a claim al- (2) By amending the item relating to sec- leging a violation described in section ‘‘(a) PRELIMINARY REVIEW BY HEARING OF- tion 405 to read as follows: 415(d)(1)(A), the hearing officer shall trans- FICER.— mit the report to— ‘‘Sec. 405. Hearing.’’. ‘‘(1) APPOINTMENT.—Not later than 7 days ‘‘(1) the Committee on Ethics of the House (3) By amending the item relating to sec- after transmission to the employing office of of Representatives, in the case of such an act tion 414 to read as follows: a claim pursuant to section 402(b), the Exec- by a Member of the House of Representatives ‘‘Sec. 414. Settlement.’’. utive Director shall appoint a hearing officer (including a Delegate or Resident Commis- SEC. 104. AVAILABILITY OF MEDIATION DURING to conduct a preliminary review of the sioner to the Congress); or PROCESS. claim. ‘‘(2) the Select Committee on Ethics of the (a) AVAILABILITY OF MEDIATION.—Section ‘‘(2) PROCESS FOR APPOINTMENT.—The Exec- Senate, in the case of such an act by a Sen- 404(a) (2 U.S.C. 1403(a)), as redesignated by utive Director shall appoint a hearing officer ator.’’. section 101(c), is amended to read as follows: under this subsection in the same manner (b) DEADLINE FOR REQUESTING HEARING ‘‘(a) AVAILABILITY OF MEDIATION.— and in accordance with the same require- AFTER PRELIMINARY REVIEW.—Section 405(a) ‘‘(1) NOTIFICATION REGARDING MEDIATION.— ments and procedures applicable to the ap- (2 U.S.C. 1405(a)) is amended to read as fol- ‘‘(A) COVERED EMPLOYEE.—Upon receipt of pointment of a hearing officer under section lows: a claim under section 402, the Office shall no- 405(c). ‘‘(a) REQUIREMENT FOR HEARINGS TO COM- tify the covered employee who filed the ‘‘(b) ASSESSMENTS REQUIRED.—In con- MENCE IN OFFICE.— claim about the process for mediation under ducting a preliminary review of a claim ‘‘(1) HEARING REQUIRED UPON REQUEST.—If, this section and the deadlines applicable to under this section, the hearing officer shall not later than 10 days after a hearing officer such mediation. assess each of the following: submits the report on the preliminary review ‘‘(B) EMPLOYING OFFICE.—Upon trans- ‘‘(1) Whether the claimant is a covered em- of a claim under section 403(c), a covered em- mission to the employing office of the claim ployee authorized to obtain relief relating to ployee submits a request to the Executive pursuant to section 402(b), the Office shall the claim under this title. Director for a hearing under this section, the notify the employing office about the proc- ‘‘(2) Whether the office which is the subject Executive Director shall appoint an inde- ess for mediation under this section and the of the claim is an employing office under pendent hearing officer pursuant to sub- deadlines applicable to such mediation. this Act. section (c) to consider the claim and render ‘‘(2) INITIATION.— ‘‘(3) Whether the individual filing the a decision, and a hearing shall be com- ‘‘(A) IN GENERAL.—During the period de- claim has met the applicable deadlines for menced in the Office. scribed in subparagraph (B), either the cov- filing the claim under this title. ‘‘(2) EXCEPTIONS.—Paragraph (1) does not ered employee who filed a claim under sec- ‘‘(4) The identification of factual and legal apply with respect to the claim if— tion 402 or the employing office named in the issues involved with respect to the claim. ‘‘(A) the hearing officer’s report on the pre- claim may file a request for mediation with ‘‘(5) The specific relief sought by the indi- liminary review of the claim under section the Office, which shall promptly notify the vidual. 403(c) includes the determination that the in- other party. If the other party agrees to the ‘‘(6) Whether, on the basis of the assess- dividual filing the claim is not a covered em- request, the Office shall promptly assign a ments made under paragraphs (1) through ployee who has stated a claim for which re- mediator to the claim, and conduct medi- (5), the individual filing the claim is a cov- lief may be granted under this title (as de- ation under this section. ered employee who has stated a claim for scribed in section 403(d)); or ‘‘(B) TIMING.—A covered employee or an which, if the allegations contained in the ‘‘(B) the covered employee files a civil ac- employing office may file a request for medi- claim are true, relief may be granted under tion as provided in section 408 with respect ation under subparagraph (A) during the pe- this title. to the claim.’’. riod beginning on the date that the covered (c) PROHIBITING HEARING OFFICER CON- ‘‘(7) The potential for the settlement of the employee or employing office, respectively, DUCTING PRELIMINARY REVIEW FROM CON- claim without a formal hearing as provided receives a notification under paragraph (1) DUCTING HEARING.—Section 405(c) (2 U.S.C. under section 405 or a civil action as pro- regarding a claim under section 402 and end- vided under section 408. 1405(c)) is amended by adding at the end the following new paragraph: ing on the date on which a hearing officer ‘‘(c) REPORT ON REVIEW.— issues a written decision relating to the ‘‘(3) PROHIBITING HEARING OFFICER CON- ‘‘(1) REPORT.—Not later than 30 days after claim under section 405(g) or the covered em- DUCTING PRELIMINARY REVIEW FROM CON- a claim is filed under section 402, the hearing ployee files a civil action with respect to the DUCTING HEARING.—The Executive Director officer shall submit to the individual filing may not appoint a hearing officer to conduct claim in accordance with section 408, as ap- the claim and the office which is the subject a hearing under this section with respect to plicable. of the claim a report on the preliminary re- a claim if the hearing officer conducted the ‘‘(3) FAILURE TO REQUEST OR ACCEPT MEDI- view conducted under this section, and shall preliminary review with respect to the claim ATION TO HAVE NO EFFECT ON TREATMENT OF include in the report the hearing officer’s de- under section 403.’’. CLAIM.—The failure of a party to request me- termination as to whether the individual is a (d) DEADLINE FOR COMMENCEMENT OF HEAR- diation under this section with respect to a covered employee who has stated a claim for ING; PERMITTING ADDITIONAL TIME.—Section claim, or the failure of a party to agree to a which relief may be granted under this title 405(d) (2 U.S.C. 1405(d)) is amended by strik- request for mediation under this section, (as described in paragraph (6) of subsection ing paragraph (2) and inserting the following: may not be taken into consideration under (b)). The submission of the report shall con- ‘‘(2) commenced no later than 90 days after any procedure under this title with respect clude the preliminary review. the Executive Director receives the covered to the claim, including a preliminary review ‘‘(2) EXTENSION OF DEADLINE.—The hearing employee’s request for the hearing under under section 403, a formal hearing under officer may (upon notice to the individual subsection (a), except that, upon mutual section 405, or a civil action under section filing the claim and the employing office agreement of the parties or for good cause, 408.’’. which is the subject of the claim) use an ad- the Office shall extend the time for com- (b) REQUIRING PARTIES TO BE SEPARATED ditional period of not to exceed 30 days to mencing a hearing for not more than an ad- DURING MEDIATION AT REQUEST OF EM- conclude the preliminary review. ditional 30 days; and’’. PLOYEE.—Section 404(b)(2) (2 U.S.C. ‘‘(d) EFFECT OF DETERMINATION OF FAILURE (e) OTHER CONFORMING AMENDMENTS RE- 1403(b)(2)), as redesignated by section 101(c), TO STATE CLAIM FOR WHICH RELIEF MAY BE LATING TO HEARINGS CONDUCTED BY OFFICE OF is amended by striking ‘‘meetings with the GRANTED.—If the hearing officer’s report on CONGRESSIONAL WORKPLACE RIGHTS.—Section parties separately or jointly’’ and inserting the preliminary review of a claim under sub- 405 (2 U.S.C. 1405) is amended as follows: ‘‘meetings with the parties during which, at section (c) includes the determination that (1) In the heading, by striking ‘‘COMPLAINT the request of any of the parties, the parties the individual filing the claim is not a cov- AND’’. shall be separated,’’. ered employee or has not stated a claim for (2) In subsection (c)(1), by striking ‘‘com- (c) PERIOD OF MEDIATION.—Section 404(c) (2 which relief may be granted under this plaint’’ and inserting ‘‘request for a hearing U.S.C. 1403(c)), as redesignated by section title— under subsection (a)’’. 101(c), is amended by striking the first 2 sen- ‘‘(1) the individual (including an individual (3) In subsection (d) in the matter pre- tences and inserting the following: ‘‘The me- who is a Library claimant, as defined in sec- ceding paragraph (1), by striking ‘‘com- diation period shall be 30 days, beginning on tion 401(d)(1)) may not obtain a formal hear- plaint’’ and inserting ‘‘claim’’. the first day after the second party agrees to ing with respect to the claim as provided (4) In subsection (g), by striking ‘‘com- the request for the mediation. The mediation under section 405; and plaint’’ and inserting ‘‘claim’’. period may be extended for one additional ‘‘(2) the hearing officer shall provide the (f) OTHER CONFORMING AMENDMENT.—The period of 30 days at the joint request of the individual and the Executive Director with a heading of section 414 (2 U.S.C. 1414) is covered employee and employing office. Any written notice that the individual may file a amended by striking ‘‘OF COMPLAINTS’’. deadline in this Act relating to a claim for

VerDate Sep 11 2014 00:43 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.003 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7543 which mediation has been agreed to in this scribed in subsection (a) (after making any ‘‘(i) has not reimbursed the account for the section, that has not already passed by the deposit required under section 8432(f) of title entire reimbursable portion as required first day of the mediation period, shall be 5, United States Code) such amounts as may under paragraph (1), through withholdings or stayed during the mediation period.’’. be necessary to reimburse the account de- transfers under paragraphs (2) and (3); Subtitle B—Other Reforms scribed in subsection (a) for the reimbursable ‘‘(ii) is not serving in a position as a Mem- SEC. 111. REQUIRING MEMBERS OF CONGRESS portion of the award or settlement described ber of the House of Representatives or a Sen- TO REIMBURSE TREASURY FOR in paragraph (1) if the individual has not re- ator; and AMOUNTS PAID AS SETTLEMENTS imbursed the account as required under ‘‘(iii) is employed in a subsequent non-Fed- AND AWARDS IN CASES OF ACTS BY paragraph (1) prior to the expiration of the eral position. MEMBERS. 90-day period which begins on the date a pay- ‘‘(B) GARNISHMENT OR OTHER COLLECTION OF (a) MANDATING REIMBURSEMENT OF ment is made from the account for such an WAGES.—On the expiration of that 270-day pe- AMOUNTS PAID.—Section 415 (2 U.S.C. 1415) is award or settlement. riod, the amount of the reimbursable portion amended by adding at the end the following ‘‘(C) APPLICABLE COMMITTEE DEFINED.—In of an award or settlement described in para- new subsection: ‘‘(d) REIMBURSEMENT BY MEMBERS OF CON- this paragraph, the term ‘applicable Com- graph (1) (reduced by any amount the indi- GRESS OF AMOUNTS PAID AS SETTLEMENTS mittee’ means— vidual has reimbursed, taking into account AND AWARDS.— ‘‘(i) the Committee on House Administra- any amounts withheld or transferred under ‘‘(1) REIMBURSEMENT REQUIRED FOR CERTAIN tion of the House of Representatives, in the paragraph (2) or (3)) shall be treated as a VIOLATIONS.— case of an individual who, at the time of the claim of the United States and transferred to ‘‘(A) IN GENERAL.—Subject to subpara- withholding, is a Member of the House; or the Secretary of the Treasury for collection. graphs (B) and (D), if a payment is made ‘‘(ii) the Committee on Rules and Adminis- Upon that transfer, the Secretary of the from the account described in subsection (a) tration of the Senate, in the case of an indi- Treasury shall collect the claim, in accord- for an award or settlement in connection vidual who, at the time of the withholding, ance with section 3711 of title 31, United with a claim alleging a violation described in is a Senator. States Code, including by administrative subparagraph (C) committed personally by ‘‘(3) USE OF AMOUNTS IN THRIFT SAVINGS wage garnishment of the wages of the indi- an individual who, at the time of committing FUND AS SOURCE OF REIMBURSEMENT.— vidual described in subparagraph (A) from the violation, was a Member of the House of ‘‘(A) IN GENERAL.—If, by the expiration of the position described in subparagraph Representatives (including a Delegate or the 180-day period that begins on the date a (A)(iii). The Secretary of the Treasury shall Resident Commissioner to the Congress) or a payment is made from the account described transfer the collected amount to the account Senator, the individual shall reimburse the in subsection (a) for an award or settlement described in subsection (a). account for the amount of the award or set- described in paragraph (1), an individual who ‘‘(5) NOTIFICATION TO OFFICE OF PERSONNEL tlement for the claim involved. is subject to a reimbursement requirement of MANAGEMENT AND SECRETARY OF THE TREAS- ‘‘(B) CONDITIONS.—In the case of an award this subsection has not reimbursed the ac- URY.— made pursuant to a decision of a hearing of- count for the entire reimbursable portion as ‘‘(A) INDIVIDUAL SUBJECT TO ANNUITY OR SO- ficer under section 405, or a court in a civil required under paragraph (1), withholding CIAL SECURITY WITHHOLDING.—Subparagraph action, subparagraph (A) shall apply only if and transfers of amounts shall continue (B) shall apply to an individual subject to a the hearing officer or court makes a separate under paragraph (2) if the individual remains reimbursement requirement of this sub- finding that a violation described in subpara- employed in the same position, and the Exec- section if, at any time after the expiration of graph (C) occurred which was committed utive Director of the Federal Retirement the 270-day period described in paragraph personally by an individual who, at the time Thrift Investment Board shall make a trans- (4)(A), the individual— of committing the violation, was a Member fer described in subparagraph (B). ‘‘(i) has not served in a position as a Mem- of the House of Representatives (including a ‘‘(B) TRANSFERS.—The transfer by such Ex- ber of the House of Representatives or a Sen- Delegate or Resident Commissioner to the ecutive Director is a transfer, from the ac- ator during the preceding 90 days; and Congress) or a Senator, and such individual count of the individual in the Thrift Savings ‘‘(ii) is not employed in a subsequent non- shall reimburse the account for the amount Fund to the account described in subsection Federal position. of compensatory damages included in the (a), of an amount equal to the amount of ‘‘(B) ANNUITY OR SOCIAL SECURITY WITH- award as would be available if awarded under that reimbursable portion of the award or HOLDING.—If, at any time after the 270-day section 1977A(b)(3) of the Revised Statutes settlement, reduced by— period described in paragraph (4)(A), the in- (42 U.S.C. 1981a(b)(3)) irrespective of the size ‘‘(i) any amount the individual has reim- dividual described in subparagraph (A) has of the employing office. In the case of a set- bursed, taking into account any amounts not reimbursed the account described in sub- tlement for a claim described in section withheld under paragraph (2); and section (a) for the entire reimbursable por- 416(d)(3), subparagraph (A) shall apply only if ‘‘(ii) if the individual remains employed in tion of the award or settlement described in the conditions specified in section 416(d)(3) the same position, any amount that the indi- paragraph (1) (as determined by the Sec- for requesting reimbursement are met. vidual is scheduled to reimburse, taking into retary of the Treasury), through ‘‘(C) VIOLATIONS DESCRIBED.—A violation account any amounts to be withheld under withholdings, transfers, or collections under described in this subparagraph is— the individual’s timetable under paragraph paragraphs (2) through (4), the Secretary of ‘‘(i) harassment that is unlawful under sec- (2). the Treasury (after consultation with the tion 201(a) or 206(a); or ‘‘(C) INITIATION OF TRANSFER.—Notwith- payroll administrator)— ‘‘(ii) intimidation, reprisal, or discrimina- standing section 8435 of title 5, United States ‘‘(i) shall notify the Director of the Office tion that is unlawful under section 207 and is Code, the Executive Director described in of Personnel Management, who shall take taken against a covered employee because of subparagraph (A) shall make the transfer such actions as the Director considers appro- a claim alleging a violation described in under subparagraph (A) upon receipt of a priate to withhold from any annuity payable clause (i). written request to the Executive Director to the individual under chapter 83 or chapter ‘‘(D) MULTIPLE CLAIMS.—If an award or set- from the Secretary of the Treasury, in the 84 of title 5, United States Code, and transfer tlement is made for multiple claims, some of form and manner required by the Executive to the account described in subsection (a), which do not require reimbursement under Director. such amounts as may be necessary to reim- this subsection, the individual described in ‘‘(D) COORDINATION BETWEEN PAYROLL AD- burse the account for the remainder of the subparagraph (A) shall only be required to MINISTRATOR AND THE EXECUTIVE DIRECTOR.— reimbursable portion of an award or settle- reimburse for the amount (referred to in this The payroll administrator and the Executive ment described in paragraph (1); and Act as the ‘reimbursable portion’) that is— Director described in subparagraph (A) shall ‘‘(ii) shall (if necessary), notwithstanding ‘‘(i) described in subparagraph (A), subject carry out this paragraph in a manner that section 207 of the Social Security Act (42 to subparagraph (B); and ensures the coordination of the withholding U.S.C. 407), take such actions as the Sec- ‘‘(ii) included in the portion of the award and transferring of amounts under this para- retary of the Treasury considers appropriate or settlement attributable to a claim requir- graph, in accordance with regulations pro- to withhold from any payment to the indi- ing reimbursement. mulgated by the Board under section 303 and vidual under title II of the Social Security ‘‘(2) WITHHOLDING AMOUNTS FROM COM- such Executive Director. Act (42 U.S.C. 401 et seq.) and transfer to the PENSATION.— ‘‘(4) ADMINISTRATIVE WAGE GARNISHMENT OR account described in subsection (a), such ‘‘(A) ESTABLISHMENT OF TIMETABLE AND OTHER COLLECTION OF WAGES FROM A SUBSE- amounts as may be necessary to reimburse PROCEDURES BY COMMITTEES.—For purposes QUENT POSITION.— the account for the remainder of the reim- of carrying out subparagraph (B), the appli- ‘‘(A) INDIVIDUAL SUBJECT TO GARNISHMENT bursable portion of an award or settlement cable Committee shall establish a timetable OR OTHER COLLECTION.—Subparagraph (B) described in paragraph (1). and procedures for the withholding of shall apply to an individual who is subject to ‘‘(6) COORDINATION BETWEEN OPM AND amounts from the compensation of an indi- a reimbursement requirement of this sub- TREASURY.—The Director of the Office of vidual who is a Member of the House of Rep- section if, at any time after the expiration of Personnel Management and the Secretary of resentatives or a Senator. the 270-day period that begins on the date a the Treasury shall carry out paragraph (5) in ‘‘(B) DEADLINE.—The payroll administrator payment is made from the account described a manner that ensures the coordination of shall withhold from an individual’s com- in subsection (a) for an award or settlement the withholding and transferring of amounts pensation and transfer to the account de- described in paragraph (1), the individual— under such paragraph, in accordance with

VerDate Sep 11 2014 00:43 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.003 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7544 CONGRESSIONAL RECORD — SENATE December 13, 2018 regulations promulgated by the Director and (including a Delegate or Resident Commis- ‘‘(B) A final decision of a hearing officer the Secretary. sioner to the Congress) or a Senator, or by a under section 405(g) that is no longer subject ‘‘(7) CERTIFICATION.—Once the Executive senior staff of the House of Representatives to review by the Board under section 406. Director determines that an individual who or Senate, the Executive Director shall refer ‘‘(C) A final decision of the Board under is subject to a reimbursement requirement of the claim to— section 406(e) that is no longer subject to ap- this subsection has reimbursed the account ‘‘(A) the Committee on Ethics of the House peal to the United States Court of Appeals described in subsection (a) for the entire re- of Representatives, in the case of a Member for the Federal Circuit under section 407. imbursable portion, the Executive Director or senior staff of the House; or ‘‘(D) A final decision in a civil action under shall prepare a certification that the indi- ‘‘(B) the Select Committee on Ethics of the section 408 that is no longer subject to ap- vidual has completed that reimbursement, Senate, in the case of a Senator or senior peal. and submit the certification to— staff of the Senate. ‘‘(7) SENIOR STAFF DEFINED.—In this sub- ‘‘(A) the Committees on House Administra- ‘‘(2) ACCESS TO RECORDS AND INFORMA- section, the term ‘senior staff’ means any in- tion and Ethics of the House of Representa- TION.—If the Executive Director refers a dividual who, at the time a violation oc- tives, in the case of an individual who, at the claim to a Committee under paragraph (1), curred, was required to file a report under time of committing the act involved, was a the Executive Director shall provide the title I of the Ethics in Government Act of Member of the House of Representatives (in- Committee with access to the records of any 1978 (5 U.S.C. App. 101 et seq.).’’. cluding a Delegate or Resident Commis- preliminary reviews, hearings, or decisions SEC. 113. AVAILABILITY OF REMOTE WORK AS- sioner to the Congress); and of the hearing officers and the Board under SIGNMENT OR PAID LEAVE OF AB- ‘‘(B) the Select Committee on Ethics of the SENCE DURING PENDENCY OF PRO- this Act, and any information relating to an CEDURES. Senate, in the case of an individual who, at award or settlement paid, in response to (a) IN GENERAL.—Title IV (2 U.S.C. 1401 et the time of committing the act involved, was such claim. seq.) is amended by adding at the end the fol- a Senator. ‘‘(3) REVIEW BY SENATE ETHICS COMMITTEE lowing new section: ‘‘(8) RIGHT TO INTERVENE.—An individual OF SETTLEMENTS OF CERTAIN CLAIMS.—After ‘‘SEC. 417. OPTION TO REQUEST REMOTE WORK who is subject to a reimbursement require- the receipt of a settlement agreement for a ASSIGNMENT OR PAID LEAVE OF AB- ment of this subsection shall have the un- claim that includes an allegation of a viola- SENCE DURING PENDENCY OF PRO- conditional right to intervene in any medi- tion described in section 415(d)(1)(C) com- CEDURES. ation, hearing, or civil action under this mitted personally by a Senator, the Select ‘‘(a) OPTIONS FOR EMPLOYEES.— title to protect the interests of the indi- Committee on Ethics of the Senate shall— ‘‘(1) REMOTE WORK ASSIGNMENT.—At the re- vidual in the determination of whether an ‘‘(A) not later than 90 days after that re- quest of a covered employee who files a award or settlement described in paragraph ceipt, review the settlement agreement; claim alleging a violation of part A of title (1) should be made, and the amount of any ‘‘(B) determine whether an investigation of II by the covered employee’s employing of- such award or settlement, except that noth- the claim is warranted; and fice, during the pendency of any of the proce- ing in this paragraph may be construed to ‘‘(C) if the Select Committee determines, dures available under this title for consider- require the covered employee who filed the after the investigation, that the claim that ation of the claim, the employing office may claim to be deposed by counsel for the indi- resulted in the settlement involved an actual permit the covered employee to carry out vidual in a deposition that is separate from violation described in section 415(d)(1)(C) the employee’s responsibilities from a re- any other deposition taken from the em- committed personally by the Senator, then mote location (referred to in this section as ployee in connection with the hearing or the Select Committee shall notify the Exec- ‘permitting a remote work assignment’) civil action. utive Director to request the reimbursement where such relocation would have the effect ‘‘(9) DEFINITIONS.—In this subsection: described in section 415(d) and include the of materially reducing interactions between ‘‘(A) NON-FEDERAL POSITION.—The term settlement in the report required by section the covered employee and any person alleged ‘non-Federal position’ means a position 301(l). to have committed the violation, instead of from a location of the employing office. other than the position of an employee, as ‘‘(4) PROTECTION OF PERSONALLY IDENTIFI- ‘‘(2) EXCEPTION FOR WORK ASSIGNMENTS RE- defined in section 2105(a) of title 5, United ABLE INFORMATION.—If a Committee to which QUIRED TO BE CARRIED OUT ONSITE.—If, in the States Code. a claim is referred under paragraph (1) issues determination of the covered employee’s em- ‘‘(B) PAYROLL ADMINISTRATOR.—The term a report with respect to the claim, the Com- ploying office, a covered employee who ‘payroll administrator’ means— mittee shall ensure that the report does not makes a request under this subsection can- ‘‘(i) in the case of an individual who is a directly disclose the identity or position of not carry out the employee’s responsibilities Member of the House of Representatives, the the individual who filed the claim. from a remote location or such relocation Chief Administrative Officer of the House of ‘‘(5) COMMITTEE AUTHORITY TO PROTECT would not have the effect described in para- Representatives, or an employee of the Of- IDENTITY OF A CLAIMANT.— graph (1), the employing office may during fice of the Chief Administrative Officer who ‘‘(A) AUTHORITY.—If a Committee to which the pendency of the procedures described in is designated by the Chief Administrative Of- a claim is referred under paragraph (1) issues paragraph (1)— ficer to carry out this subsection; or a report as described in paragraph (4) con- ‘‘(A) grant a paid leave of absence to the ‘‘(ii) in the case of an individual who is a cerning a Member of the House of Represent- Senator, the Secretary of the Senate, or an covered employee; atives (including a Delegate or Resident ‘‘(B) permit a remote work assignment and employee of the Office of the Secretary of Commissioner to the Congress) or a Senator, the Senate who is designated by the Sec- grant a paid leave of absence to the covered or a senior staff of the House of Representa- employee; or retary to carry out this subsection.’’. tives or Senate, the Committee may make (b) CONFORMING AMENDMENT.—Section ‘‘(C) make another workplace adjustment, an appropriate redaction to the information or permit a remote work assignment, that 8437(e)(3) of title 5, United States Code, is or data included in the report if the Chair- amended by inserting ‘‘an obligation of the would have the effect of reducing inter- man and Vice Chairman of the Committee actions between the covered employee and Executive Director to make a transfer under reach agreement— section 415(d)(3) of the Congressional Ac- any person alleged to have committed the ‘‘(i) that including the information or data violation described in paragraph (1). countability Act of 1995 (2 U.S.C. 1415(d)(3)),’’ considered for redaction may lead to the un- ‘‘(3) ENSURING NO RETALIATION.—An em- before ‘‘or an obligation’’. intentional disclosure of the identity or posi- (c) EFFECTIVE DATE.—The amendments ploying office may not grant a covered em- tion of a claimant; and ployee’s request under this subsection in a made by subsections (a) and (b) shall apply ‘‘(ii) on the precise information or data to with respect to claims made on or after the manner which would constitute a violation be redacted. of section 207. date of the enactment of this Act. ‘‘(B) NOTATION AND STATEMENT.—The re- ‘‘(4) NO IMPACT ON VACATION OR PERSONAL SEC. 112. AUTOMATIC REFERRAL TO CONGRES- port including any such redaction shall note LEAVE.—In granting leave for a paid leave of SIONAL ETHICS COMMITTEES OF each redaction and include a statement that DISPOSITION OF CERTAIN CLAIMS absence under this section, an employing of- the redaction was made solely for the pur- ALLEGING VIOLATIONS OF CON- fice shall not require the covered employee GRESSIONAL ACCOUNTABILITY ACT pose of avoiding such an unintentional dis- to substitute, for that leave, any of the ac- OF 1995 INVOLVING MEMBERS OF closure of the identity or position of a claim- crued paid vacation or personal leave of the CONGRESS AND SENIOR STAFF. ant. covered employee. Section 416(e) (2 U.S.C. 1416(e)) is amended ‘‘(C) RETENTION OF REPORTS.—The Com- ‘‘(b) EXCEPTION FOR ARRANGEMENTS SUB- to read as follows: mittee making a redaction in accordance JECT TO COLLECTIVE BARGAINING AGREE- ‘‘(e) AUTOMATIC REFERRAL TO CONGRES- with this paragraph shall retain a copy of MENTS.—Subsection (a) does not apply to the SIONAL ETHICS COMMITTEE OF DISPOSITIONS OF the report, without a redaction. extent that it is inconsistent with the terms CLAIMS INVOLVING MEMBERS OF CONGRESS ‘‘(6) FINAL DISPOSITION DESCRIBED.—In this and conditions of any collective bargaining AND SENIOR STAFF.— subsection, the ‘final disposition’ of a claim agreement which is in effect with respect to ‘‘(1) REFERRAL.—Upon the final disposition means any of the following: an employing office.’’. under this title (as described in paragraph ‘‘(A) An order or agreement to pay an (b) CLERICAL AMENDMENT.—The table of (6)) of a claim alleging a violation described award or settlement, including an agreement contents is amended by adding at the end of in section 415(d)(1)(C) committed personally reached pursuant to mediation under section the items relating to title IV the following by a Member of the House of Representatives 404. new item:

VerDate Sep 11 2014 00:43 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.003 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7545 ‘‘Sec. 417. Option to request remote work as- (A) in subsection (h)(3), by striking ‘‘com- reports required under paragraph (1), the Of- signment or paid leave of ab- plaint’’ each place it appears and inserting fice shall ensure that the identity or position sence during pendency of proce- ‘‘claim’’; and of any claimant is not disclosed. dures.’’. (B) by adding at the end the following new ‘‘(4) AUTHORITY TO PROTECT THE IDENTITY SEC. 114. MODIFICATION OF RULES ON CON- subsection: OF A CLAIMANT.— FIDENTIALITY OF PROCEEDINGS. ‘‘(l) ANNUAL REPORTS ON AWARDS AND SET- ‘‘(A) IN GENERAL.—In carrying out para- (a) MEDIATION.—Section 416(b) (2 U.S.C. TLEMENTS.— graph (3), the Executive Director, in con- 1416(b)) is amended by striking ‘‘All medi- ‘‘(1) IN GENERAL.—Subject to the rules sultation with the Board, may make an ap- ation’’ and inserting ‘‘All information dis- issued by the applicable committee pursuant propriate redaction to the data included in cussed or disclosed in the course of any me- to paragraph (2): the report described in paragraph (1) if the diation’’. ‘‘(A) REQUIREMENT.—The Office shall pre- Executive Director, in consultation with the (b) CLAIMS.—Section 416 (2 U.S.C. 1416), as pare and submit to Congress, and publish on Board, determines that including the data amended by section 112 and subsection (a) of the public website of the Office, an annual considered for redaction may lead to the this section, is further amended— report regarding payments from the account identity or position of a claimant uninten- (1) by striking subsection (a); described in section 415(a) that were the re- tionally being disclosed. The report shall (2) by redesignating subsections (b) sult of claims alleging a violation of part A note each redaction and include a statement through (f) as subsections (a) through (e), re- of title II (referred to in this subsection as that the redaction was made solely for the spectively; ‘covered payments’). purpose of avoiding such an unintentional (3) in subsection (b), as redesignated by ‘‘(B) REPORTING.—The reporting required disclosure of the identity or position of a paragraph (2) of this subsection, by striking under this paragraph shall— claimant. ‘‘(i) for a covered payment, or the reim- ‘‘subsections (d), (e), and (f)’’ and inserting ‘‘(B) RECORDKEEPING.—The Executive Di- ‘‘subsections (c), (d), and (e)’’; and bursable portion of a covered payment, de- rector shall retain a copy of the report de- (4) by adding at the end the following: scribed in paragraph (2), conform to the re- scribed in paragraph (1), without redactions. quirements of the rules issued by the appli- ‘‘(f) CLAIMS.—Nothing in this section may ‘‘(5) DEFINITION.—In this subsection, the be construed to prohibit a covered employee cable committee under such paragraph; and term ‘claimant’ means an individual who re- from disclosing the factual allegations un- ‘‘(ii) for a covered payment, or the portion ceived an award or settlement, or who made of a covered payment, not described in para- derlying the covered employee’s claim, or to an allegation of a violation against an em- graph (2)— prohibit an employing office from disclosing ploying office, under part A of title II.’’. ‘‘(I) include the amount of the covered pay- the factual allegations underlying the em- (2) EFFECTIVE DATE.—The amendment ment or portion of the covered payment and ploying office’s defense to the claim, in the made by paragraph (1)(B) shall take effect on information on the employing office in- course of any proceeding under this title.’’. January 1, 2019. volved; and (b) REPORT ON AMOUNTS PREVIOUSLY SEC. 115. REIMBURSEMENT BY OTHER EMPLOY- ‘‘(II) identify each provision of part A of PAID.— ING OFFICES OF LEGISLATIVE title II that was the subject of a claim re- BRANCH OF PAYMENTS OF CERTAIN (1) IN GENERAL.—Not later than 30 days AWARDS AND SETTLEMENTS. sulting in the covered payment or portion of after the date of the enactment of this Act, the covered payment. (a) REQUIRING REIMBURSEMENT.—Section the Office of Congressional Workplace Rights 415 (2 U.S.C. 1415), as amended by section 111, ‘‘(C) REPORTING PERIODS AND DATES.—The shall submit to Congress and make available reporting required under this paragraph— is further amended by adding at the end the to the public on the Office’s public website a ‘‘(i) for 2019, shall be submitted by the 60th following new subsection: report on all payments made with public day after the date on which the committees ‘‘(e) REIMBURSEMENT BY EMPLOYING OF- funds (to include funds paid from the ac- described in paragraph (2) issue the rules de- FICES.— count described in section 415(a) of the Con- scribed in paragraph (2) and shall reflect cov- ‘‘(1) NOTIFICATION OF PAYMENTS MADE FROM gressional Accountability Act of 1995 (2 ered payments made in calendar year 2019; ACCOUNT.—As soon as practicable after the U.S.C. 1415(a)), an account of the House of and Executive Director is made aware that a Representatives or Senate, or any other ac- ‘‘(ii) for 2020 and each subsequent calendar payment of an award or settlement under count of the Federal Government) prior to year, shall be submitted by January 31 of this Act has been made from the account de- the date of the enactment of this Act for that year and shall reflect covered payments scribed in subsection (a) in connection with made in the previous calendar year. awards and settlements in connection with a claim alleging a violation of section 201(a) violations of section 201(a) of the Congres- ‘‘(2) RULES REGARDING REPORTING OF COV- or 206(a) by an employing office (other than sional Accountability Act of 1995 (2 U.S.C. ERED PAYMENTS FOR EMPLOYING OFFICES OF an employing office of the House of Rep- 1311(a)), or section 207 of such Act (2 U.S.C. THE HOUSE AND EMPLOYING OFFICES OF THE resentatives or an employing office of the 1317), and shall include in the report the fol- SENATE.— Senate), the Executive Director shall notify lowing information: ‘‘(A) IN GENERAL.—Not later than 180 days the head of the employing office that the after the date of the enactment of this sub- (A) The amount paid for each such award payment has been made, and shall include in section, the Committee on House Adminis- or settlement. the notification a statement of the amount tration of the House of Representatives and (B) The source of the public funds used for of the payment. the Committee on Rules and Administration the award or settlement. ‘‘(2) REIMBURSEMENT BY OFFICE.—Not later of the Senate shall each issue rules estab- (2) RULE OF CONSTRUCTION REGARDING IDEN- than 180 days after receiving a notification lishing the content, format, and other re- TIFICATION OF HOUSE AND SENATE ACCOUNTS.— from the Executive Director under paragraph quirements for the reporting required under Nothing in paragraph (1)(B) may be con- (1), the head of the employing office involved paragraph (1)(B)(i) with respect to— strued to require or permit the Office of Con- shall transfer to the account described in ‘‘(i) any covered payment made for claims gressional Workplace Rights to report the subsection (a), out of any funds available for involving an employing office described in account of any specific office of the House of operating expenses of the office, a payment any of subparagraphs (A) through (C) of sec- Representatives or Senate as the source of equal to the amount specified in the notifi- tion 101(a)(9) of the House of Representatives funds used for an award or settlement. (c) RULEMAKING POWERS.—Section 501 (2 cation. or of the Senate, respectively; and U.S.C. 1431) is amended in the matter pre- ‘‘(3) TIMETABLE AND PROCEDURES FOR REIM- ‘‘(ii) the reimbursable portion of any such ceding paragraph (1) by inserting ‘‘, section BURSEMENT.—The head of an employing of- covered payment for which there is a finding 301(l),’’ before ‘‘and 304(c)’’. fice shall transfer a payment under para- requiring reimbursement under section graph (2) in accordance with such timetable SEC. 202. WORKPLACE CLIMATE SURVEYS OF EM- 415(d)(1)(B) from a Member of the House of PLOYING OFFICES. and procedures as may be established under Representatives (including a Delegate or (a) REQUIRING SURVEYS.—Title III (2 U.S.C. regulations promulgated by the Office.’’. Resident Commissioner to the Congress) or a (b) EFFECTIVE DATE.—The amendment 1381 et seq.) is amended by adding at the end Senator, respectively. made by subsection (a) shall apply with re- the following new section: ‘‘(B) APPLICABILITY.—The rules issued spect to payments made under section 415 of ‘‘SEC. 307. WORKPLACE CLIMATE SURVEYS OF under subparagraph (A)— the Congressional Accountability Act of 1995 EMPLOYING OFFICES. ‘‘(i) by the Committee on House Adminis- (2 U.S.C. 1415) for claims filed on or after the ‘‘(a) REQUIREMENT TO CONDUCT SECURE SUR- tration of the House of Representatives shall date of the enactment of this Act. VEYS.—Not later than 1 year after the date of apply to covered payments made for claims the enactment of this section, and every 2 TITLE II—IMPROVING OPERATIONS OF involving employing offices described in sub- years thereafter, the Office shall conduct a OFFICE OF CONGRESSIONAL WORK- paragraph (A)(i) of the House; and secure survey of employing offices under this PLACE RIGHTS ‘‘(ii) by the Committee on Rules and Ad- Act regarding the workplace environment of SEC. 201. REPORTS ON AWARDS AND SETTLE- ministration of the Senate shall apply to such offices. Employee responses to the sur- MENTS. covered payments made for claims involving vey shall be voluntary. (a) ANNUAL REPORTS ON AWARDS AND SET- employing offices described in subparagraph ‘‘(b) SPECIAL INCLUSION OF INFORMATION ON TLEMENTS.— (A)(i) of the Senate. SEXUAL HARASSMENT.—In each survey con- (1) REQUIRING SUBMISSION AND PUBLICATION ‘‘(3) PROTECTION OF IDENTITY OF INDIVID- ducted under this section, the Office shall OF REPORTS.—Section 301 (2 U.S.C. 1381) is UALS RECEIVING AWARDS AND SETTLEMENTS.— survey respondents on attitudes regarding amended— In preparing, submitting, and publishing the sexual harassment.

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‘‘(c) METHODOLOGY.— ‘‘(II) the relative merits of securing private general assistance and information to such ‘‘(1) IN GENERAL.—The Office shall conduct counsel, designating a non-attorney rep- attorney representative regarding this Act each survey under this section in accordance resentative, or proceeding without represen- and the role of the Office as the confidential with methodologies established by the Of- tation for proceedings before the Office; advisor determines appropriate; and fice. ‘‘(iii) advising and consulting with, on a ‘‘(C) shall not serve as a mediator in any ‘‘(2) CONFIDENTIALITY.—Under the meth- privileged and confidential basis, a covered mediation conducted pursuant to section odologies established under paragraph (1), all employee who has been subject to a practice 404.’’. responses to all portions of the survey shall that may be a violation of part A of title II SEC. 205. GAO STUDY OF MANAGEMENT PRAC- be anonymous and confidential, and each re- regarding any claims the covered employee TICES. spondent shall be told throughout the survey may have under title IV, the factual allega- (a) STUDY.—The Comptroller General of that all responses shall be anonymous and tions that support each such claim, and the the United States shall conduct a study of confidential. relative merits of the procedural options the management practices of the Office of ‘‘(3) SURVEY FORM.—The Office shall limit available to the employee for each such Congressional Workplace Rights. the use of any information code or informa- claim; (b) REPORT TO CONGRESS.—Not later than tion on the survey form that makes a re- ‘‘(iv) assisting, on a privileged and con- 180 days after the date of the enactment of spondent to the survey, or the respondent’s fidential basis, a covered employee who this Act, the Comptroller General of the employing office, individually identifiable. seeks consideration under title IV of an alle- United States shall submit to Congress a re- ‘‘(d) USE OF RESULTS OF SURVEYS.—The Of- gation of a violation of part A of title II in port on the study conducted under sub- fice shall furnish the information obtained understanding the procedures, and the sig- section (a), and shall include in the report from the surveys conducted under this sec- nificance of the procedures, described in title such recommendations as the Comptroller tion to the Committee on House Administra- IV, including— General considers appropriate for improve- tion of the House of Representatives and the ‘‘(I) assisting or consulting with the cov- ments to the management practices of the Committees on Homeland Security and Gov- ered employee regarding the drafting of a Office of Congressional Workplace Rights. claim to be filed under section 402(a); and ernmental Affairs and Rules and Administra- SEC. 206. GAO AUDIT OF CYBERSECURITY. ‘‘(II) consulting with the covered employee tion of the Senate. (a) AUDIT.—The Comptroller General of the regarding the procedural options available to ‘‘(e) CONSULTATION WITH COMMITTEES.—The United States shall conduct an audit of the the covered employee after a claim is filed, Office shall carry out this section, including cybersecurity systems and practices of the and the relative merits of each option; and establishment of methodologies and proce- Office of Congressional Workplace Rights. ‘‘(v) informing, on a privileged and con- dures under subsection (c), in consultation (b) REPORT TO CONGRESS.—Not later than fidential basis, a covered employee who has with the Committee on House Administra- 180 days after the date of the enactment of been subject to a practice that may be a vio- tion of the House of Representatives and the this Act, the Comptroller General of the lation of part A of title II about the option Committees on Homeland Security and Gov- United States shall submit to Congress a re- of pursuing, in appropriate circumstances, a ernmental Affairs and Rules and Administra- port on the audit conducted under subsection complaint with the Committee on Ethics of tion of the Senate.’’. (a), and shall include in the report such rec- (b) CLERICAL AMENDMENT.—The table of the House of Representatives or the Select Committee on Ethics of the Senate. ommendations as the Comptroller General contents is amended by adding at the end of considers appropriate for improvements to ‘‘(C) CONTINUITY OF SERVICE.—Once a cov- the items relating to title III the following the cybersecurity systems and practices of new item: ered employee has accepted and received any services offered under this section from a the Office of Congressional Workplace ‘‘Sec. 307. Workplace climate surveys of em- confidential advisor appointed or designated Rights. ploying offices.’’. under paragraph (1), any other services re- TITLE III—MISCELLANEOUS REFORMS SEC. 203. RECORD RETENTION. quested under this subsection by the covered SEC. 301. APPLICATION OF GENETIC INFORMA- Section 301 (2 U.S.C. 1381), as amended by employee shall be provided, to the extent TION NONDISCRIMINATION ACT OF section 201(a), is further amended by adding practicable, by the same confidential advi- 2008. at the end the following new subsection: sor. Section 102 (2 U.S.C. 1302) is amended by ‘‘(m) RECORD RETENTION.—The Office shall ‘‘(3) QUALIFICATIONS.—A confidential advi- adding at the end the following: establish and maintain a program for the sor appointed or designated under paragraph ‘‘(c) GENETIC INFORMATION NONDISCRIMINA- permanent retention of its records, including (1) shall be a lawyer who— TION ACT OF 2008.— the records of preliminary reviews, medi- ‘‘(A) is admitted to practice before, and is ‘‘(1) IN GENERAL.—The provisions of this ations, hearings, and other proceedings con- in good standing with, the bar of a State of Act that apply to a violation of section ducted under title IV.’’. the United States, the District of Columbia, 201(a)(1) shall be considered to apply to a vio- SEC. 204. CONFIDENTIAL ADVISORS. or a territory of the United States; and lation of title II of the Genetic Information Section 302 (2 U.S.C. 1382) is amended— ‘‘(B) has experience representing clients in Nondiscrimination Act of 2008 (42 U.S.C. (1) by redesignating subsections (d) cases involving the workplace laws incor- 2000ff et seq.), consistent with section 207(c) through (f) as subsections (e) through (g), re- porated by part A of title II. of that Act (42 U.S.C. 2000ff–6(c)). spectively; and ‘‘(4) INDIVIDUALS COVERED.—The services ‘‘(2) CONSTRUCTION.— (2) by inserting after subsection (c) the fol- described in paragraph (2) are available to ‘‘(A) NO LIMITATION ON OTHER LAWS.—Noth- lowing: any covered employee (which, for purposes of ing in this section limits the provisions of ‘‘(d) CONFIDENTIAL ADVISORS.— this subsection, shall include any staff mem- this Act that apply to a violation of a law ‘‘(1) IN GENERAL.—The Executive Director ber described in section 201(d) and any described in subparagraph (B). shall— former covered employee (including any such ‘‘(B) OTHER LAWS.—A law described in this ‘‘(A) appoint, and fix the compensation of, former staff member)), except that— subparagraph is a law (even if not listed in and may remove, 1 or more confidential ad- ‘‘(A) a former covered employee may only subsection (a) or this subsection) that explic- visors to carry out the duties described in request such services if the practice that itly applies one or more provisions of this this subsection; or may be a violation of part A of title II oc- Act to a violation.’’. ‘‘(B) designate 1 or more employees of the curred during the employment or service of SEC. 302. EXTENSION TO UNPAID STAFF OF Office to serve as a confidential advisor. the employee; and RIGHTS AND PROTECTIONS AGAINST ‘‘(2) DUTIES.— ‘‘(B) a covered employee described in this EMPLOYMENT DISCRIMINATION. ‘‘(A) VOLUNTARY SERVICES.—A confidential paragraph may only request such services (a) EXTENSION.—Section 201 (2 U.S.C. 1311) advisor appointed or designated under para- before the expiration of the 180-day period is amended— graph (1) shall offer to provide to covered described in section 402(d). (1) by redesignating subsection (d) as sub- employees described in paragraph (4) the ‘‘(5) RESTRICTIONS.—A confidential advisor section (e); and services described in subparagraph (B), appointed or designated under paragraph (2) by inserting after subsection (c) the fol- which a covered employee may accept or de- (1)— lowing new subsection: cline. ‘‘(A) shall not act as the designated rep- ‘‘(d) APPLICATION TO UNPAID STAFF.— ‘‘(B) SERVICES.—The services referred to in resentative for any covered employee in con- ‘‘(1) IN GENERAL.—Subsections (a) and (b) subparagraph (A) are— nection with the covered employee’s partici- shall apply with respect to— ‘‘(i) informing, on a privileged and con- pation in any proceeding, including any pro- ‘‘(A) any staff member of an employing of- fidential basis, a covered employee who has ceeding under this Act, any judicial pro- fice who carries out official duties of the em- been subject to a practice that may be a vio- ceeding, or any proceeding before any com- ploying office but who is not paid by the em- lation of part A of title II about the employ- mittee of Congress; ploying office for carrying out such duties ee’s rights under this Act; ‘‘(B) shall not offer or provide services de- (referred to in this subsection as an ‘unpaid ‘‘(ii) consulting, on a privileged and con- scribed in paragraph (2)(B) to a covered em- staff member’), including an intern, an indi- fidential basis, with a covered employee who ployee if the covered employee has des- vidual detailed to an employing office, and has been subject to a practice that may be a ignated an attorney representative in con- an individual participating in a fellowship violation of part A of title II regarding— nection with the covered employee’s partici- program, in the same manner and to the ‘‘(I) the roles, responsibilities, and author- pation in any proceeding under this Act, ex- same extent as such subsections apply with ity of the Office; and cept that a confidential advisor may provide respect to a covered employee; and

VerDate Sep 11 2014 00:43 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.003 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7547 ‘‘(B) a former unpaid staff member, if the SEC. 304. NOTICES. claim where the subsequent claim involves act that may be a violation of subsection (a) (a) REQUIRING EMPLOYING OFFICES TO POST the same parties. occurred during the service of the former un- NOTICES.—Part E of title II (2 U.S.C. 1361) is ‘‘(3) DEFINITIONS.—In this subsection— paid staffer for the employing office. amended by adding at the end the following: ‘‘(A) the term ‘China Review Commission’ ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ‘‘SEC. 226. NOTICES. means the United States-China Economic paragraph (1) may be construed to extend li- ‘‘(a) IN GENERAL.—Every employing office and Security Review Commission established ability for a violation of subsection (a) to an shall post and keep posted (in conspicuous under section 1238 of the Floyd D. Spence Na- employing office on the basis of an action places upon its premises where notices to tional Defense Authorization Act for Fiscal taken by any person who is not under the su- covered employees are customarily posted) a Year 2001 (22 U.S.C. 7002), as enacted into law pervision or control of the employing office. notice provided by the Office that— by section 1 of Public Law 106–398; ‘‘(3) INTERN DEFINED.—For purposes of this ‘‘(1) describes the rights, protections, and ‘‘(B) the term ‘Congressional-Executive subsection, the term ‘intern’ means an indi- procedures applicable to covered employees China Commission’ means the Congres- vidual who performs service for an employ- of the employing office under this Act, con- sional–Executive Commission on the Peo- ing office which is uncompensated by the cerning violations described in subsection ple’s Republic of China established under United States to earn credit awarded by an (b); and title III of the U.S.–China Relations Act of educational institution or to learn a trade or ‘‘(2) includes contact information for the 2000 (Public Law 106–286; 22 U.S.C. 6911 et occupation, and includes any individual par- Office. seq.); and ticipating in a page program operated by any ‘‘(b) VIOLATIONS.—A violation described in ‘‘(C) the term ‘Helsinki Commission’ House of Congress.’’. this subsection is— means the Commission on Security and Co- (b) TECHNICAL CORRECTION RELATING TO OF- ‘‘(1) discrimination prohibited by section operation in Europe established under the FICE RESPONSIBLE FOR DISBURSEMENT OF PAY 201(a) (including, in accordance with section Act entitled ‘An Act to establish a Commis- TO HOUSE EMPLOYEES.—Section 101(7) (2 102(c), discrimination prohibited by title II sion on Security and Cooperation in Europe’, U.S.C. 1301(7)) is amended by striking ‘‘dis- of the Genetic Information Nondiscrimina- approved June 3, 1976 (Public Law 94–304; 22 bursed by the Clerk of the House of Rep- tion Act of 2008 (42 U.S.C. 2000ff et seq.)) or U.S.C. 3001 et seq.).’’. resentatives’’ and inserting ‘‘disbursed by 206(a); and (b) COVERAGE OF STENNIS CENTER.— the Chief Administrative Officer of the ‘‘(2) a violation of section 207 that is re- (1) TREATMENT OF EMPLOYEES AS COVERED House of Representatives’’. lated to discrimination described in para- EMPLOYEES.—Section 101(a)(3) (2 U.S.C. graph (1).’’. 1301(a)(3)) is amended— SEC. 303. CLARIFICATION OF TREATMENT OF LI- (b) CLERICAL AMENDMENT.—The table of (A) by striking ‘‘or’’ at the end of subpara- BRARY OF CONGRESS VISITORS. contents is amended by adding at the end of graph (I); (a) CLARIFICATION.—Section 210 (2 U.S.C. the items relating to part E of title II the (B) by striking the period at the end of 1331) is amended— following new item: subparagraph (J) and inserting ‘‘; or’’; and (1) by redesignating subsection (h) as sub- ‘‘Sec. 226. Notices.’’. (C) by adding at the end the following new subparagraph: section (i); and SEC. 305. CLARIFICATION OF COVERAGE OF EM- (2) by inserting after subsection (g) the fol- PLOYEES OF HELSINKI AND CHINA ‘‘(K) the John C. Stennis Center for Public lowing: COMMISSIONS. Service Training and Development.’’. (2) TREATMENT OF CENTER AS EMPLOYING OF- ‘‘(h) ELECTION OF REMEDIES RELATING TO (a) CLARIFICATION OF COVERAGE.—Section FICE.—Section 101(a)(9)(D) (2 U.S.C. RIGHTS TO PUBLIC SERVICES AND ACCOMMODA- 101 (2 U.S.C. 1301), as amended by section 1301(a)(9)(D)) is amended by striking ‘‘and TIONS FOR LIBRARY VISITORS.— 302(b), is further amended— the Office of Technology Assessment’’ and ‘‘(1) DEFINITION OF LIBRARY VISITOR.—In (1) by striking ‘‘Except as otherwise’’ and inserting the following: ‘‘the Office of Tech- this subsection, the term ‘Library visitor’ inserting ‘‘(a) IN GENERAL.—Except as other- nology Assessment, and the John C. Stennis means an individual who is eligible to bring wise’’; and Center for Public Service Training and De- a claim for a violation under title II or III of (2) by adding at the end the following new velopment’’. the Americans with Disabilities Act of 1990 subsection: (c) CONFORMING AMENDMENTS.—Paragraphs (other than a violation for which the exclu- ‘‘(b) CLARIFICATION OF COVERAGE OF EM- (7) and (8) of section 101(a) (2 U.S.C. 1301(a)) sive remedy is under section 201) against the PLOYEES OF CERTAIN COMMISSIONS.— are each amended by striking ‘‘subpara- Library of Congress. ‘‘(1) COVERAGE.—With respect to the China graphs (C) through (I)’’ and inserting ‘‘sub- ‘‘(2) ELECTION OF REMEDIES.— Review Commission, the Congressional-Exec- paragraphs (C) through (K)’’. ‘‘(A) IN GENERAL.—A Library visitor who utive China Commission, and the Helsinki (d) EFFECTIVE DATE.—The amendments alleges a violation of subsection (b) by the Commission— made by this section shall take effect as if Library of Congress may, subject to subpara- ‘‘(A) any individual who is an employee of included in the enactment of the Congres- graph (B)— such Commission shall be considered a cov- sional Accountability Act of 1995. ‘‘(i) file a charge against the Library of ered employee for purposes of this Act; and Congress under subsection (d); or ‘‘(B) the Commission shall be considered an SEC. 306. TRAINING AND EDUCATION PROGRAMS OF OTHER EMPLOYING OFFICES. ‘‘(ii) use the remedies and procedures set employing office for purposes of this Act. forth in section 717 of the Civil Rights Act of ‘‘(2) AUTHORITY TO PROVIDE LEGAL ASSIST- (a) REQUIRING OFFICES TO DEVELOP AND IM- 1964 (42 U.S.C. 2000e–16), as provided under ANCE AND REPRESENTATION.—Subject to para- PLEMENT PROGRAMS.—Title V (2 U.S.C. 1431 section 510 (other than paragraph (5)) of the graph (3), legal assistance and representation et seq.) is amended— Americans with Disabilities Act of 1990 (42 under this Act, including assistance and rep- (1) by redesignating section 509 as section U.S.C. 12209). resentation with respect to the proposal or 510; and (2) by inserting after section 508 the fol- ‘‘(B) TIMING.—A Library visitor that has acceptance of the disposition of a claim initiated proceedings under clause (i) or (ii) under this Act, shall be provided to the lowing new section: of subparagraph (A) may elect to change and China Review Commission, the Congres- ‘‘SEC. 509. TRAINING AND EDUCATION PROGRAMS initiate a proceeding under the other sional-Executive China Commission, and the OF EMPLOYING OFFICES. clause— Helsinki Commission— ‘‘(a) REQUIRING OFFICES TO DEVELOP AND ‘‘(i) in the case of a Library visitor who ‘‘(A) by the Office of House Employment IMPLEMENT PROGRAMS.—Each employing of- first filed a charge pursuant to subparagraph Counsel of the House of Representatives, in fice shall develop and implement a program (A)(i), before the General Counsel files a the case of assistance and representation in to train and educate covered employees of complaint under subsection (d)(3); or connection with a claim filed under title IV the office in the rights and protections pro- ‘‘(ii) in the case of a Library visitor who (including all subsequent proceedings under vided under this Act, including the proce- first initiated a proceeding under subpara- such title in connection with the claim) at a dures available under title IV to consider al- graph (A)(ii), before the Library visitor re- time when the chair of the Commission is a leged violations of this Act. quests a hearing under the procedures of the Member of the House, and in the case of as- ‘‘(b) REPORT TO COMMITTEES.— Library of Congress described in such sub- sistance and representation in connection ‘‘(1) IN GENERAL.—Not later than 45 days paragraph.’’. with any subsequent claim under title IV re- after the beginning of each Congress (begin- lated to the initial claim where the subse- ning with the One Hundred Seventeenth Con- (b) CONFORMING AMENDMENT.—Section quent claim involves the same parties; or gress), each employing office shall submit a 210(d)(2) (2 U.S.C. 1331(d)(2)) is amended by ‘‘(B) by the Office of Senate Chief Counsel report to the Committee on House Adminis- striking ‘‘section 403’’ and inserting ‘‘section for Employment of the Senate, in the case of tration of the House of Representatives and 404’’. assistance and representation in connection the Committee on Rules and Administration (c) EFFECTIVE DATE AND APPLICABILITY.— with a claim filed under title IV (including of the Senate on the implementation of the The amendments made by subsection (a) all subsequent proceedings under such title program required under subsection (a). shall take effect as if such amendments were in connection with the claim) at a time when ‘‘(2) SPECIAL RULE FOR FIRST REPORT.—Not included in the enactment of section 153 of the chair of the Commission is a Senator, later than 180 days after the date of the en- the Legislative Branch Appropriations Act, and in the case of assistance and representa- actment of the Congressional Accountability 2018 (Public Law 115-141), and shall apply as tion in connection with any subsequent Act of 1995 Reform Act, each employing of- specified in section 153(c) of such Act. claim under title IV related to the initial fice shall submit the report described in

VerDate Sep 11 2014 00:43 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.003 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7548 CONGRESSIONAL RECORD — SENATE December 13, 2018 paragraph (1) to the Committees described in (3) In section 101(a)(3)(H) (2 U.S.C. the claim involved until the completion of such paragraph. 1301(a)(3)(H)), by striking ‘‘Office of Compli- all such proceedings. ‘‘(c) EXCEPTION FOR OFFICES OF CON- ance’’ and inserting ‘‘Office of Congressional The PRESIDING OFFICER. The Sen- GRESS.—This section does not apply to an Workplace Rights’’. ator from Vermont. employing office of the House of Representa- (4) In section 101(a)(9)(D) (2 U.S.C. Mr. LEAHY. Madam President, with- tives or an employing office of the Senate.’’. 1301(a)(9)(D)), by striking ‘‘Office of Compli- out losing my right to the floor, I yield (b) CLERICAL AMENDMENT.—The table of ance’’ and inserting ‘‘Office of Congressional contents is amended— Workplace Rights’’. to the distinguished Senator from Min- (1) by redesignating the item relating to (5) In section 101(a)(10) (2 U.S.C. 1301(a)(10)), nesota for remarks on the matter we section 509 as relating to section 510; and by striking ‘‘Office of Compliance’’ and in- just moved. (2) by inserting after the item relating to serting ‘‘Office of Congressional Workplace Ms. KLOBUCHAR. Madam President, section 508 the following new item: Rights’’. I thank the chairman. ‘‘Sec. 509. Training and education programs (6) In section 101(a)(11) (2 U.S.C. 1301(a)(11)), I wanted to speak for a minute to of employing offices.’’. by striking ‘‘Office of Compliance’’ and in- thank Senator BLUNT for his work on SEC. 307. SUPPORT FOR OUT-OF-AREA COVERED serting ‘‘Office of Congressional Workplace the bill. This is a bill that fundamen- EMPLOYEES. Rights’’. tally changes the way sexual harass- (a) IN GENERAL.—Title V (2 U.S.C. 1431 et (7) In section 101(a)(12) (2 U.S.C. 1301(a)(12)), ment cases are handled in the Senate seq.), as amended by section 306(a), is further by striking ‘‘Office of Compliance’’ and in- serting ‘‘Office of Congressional Workplace and in the House. The process we have amended— will now protect victims of harassment (1) by redesignating section 510 as section Rights’’. 511; and (8) In section 210(a)(9) (2 U.S.C. 1331(a)(9)), instead of protecting politicians. (2) by inserting after section 509, as in- by striking ‘‘Office of Compliance’’ and in- This was the work of many people. I serted by section 306(a), the following: serting ‘‘Office of Congressional Workplace thank Leader MCCONNELL and Senator ‘‘SEC. 510. SUPPORT FOR OUT-OF-AREA COVERED Rights’’. SCHUMER, as well as the House leaders. EMPLOYEES. (9) In section 215(e)(1) (2 U.S.C. 1341(e)(1)), I thank Senators GILLIBRAND, MURRAY, ‘‘(a) IN GENERAL.—All covered employees by striking ‘‘Office of Compliance’’ and in- CORTEZ MASTO, CAPITO, and FISCHER whose location of employment is outside of serting ‘‘Office of Congressional Workplace from the Committee on Rules. And the Washington, DC area (referred to in this Rights’’. there are so many staff members I will (10) In section 220(e)(2)(G) (2 U.S.C. section as ‘out-of-area covered employees’) thank later when we do additional shall have equitable access to the resources 1351(e)(2)(G)), by striking ‘‘Office of Compli- ance’’ and inserting ‘‘Office of Congressional speeches. and services provided by the Office and under This was something we had to get this Act as is provided to covered employees Workplace Rights’’. who work in the Washington, DC area. (11) In the title heading of title III, by done by the end of the year. Getting rid ‘‘(b) OFFICE OF CONGRESSIONAL WORKPLACE striking ‘‘OFFICE OF COMPLIANCE’’ and of that cooling-off period, getting rid of RIGHTS.—The Office shall— inserting ‘‘OFFICE OF CONGRESSIONAL a lot of the Byzantine way these cases ‘‘(1) establish a method by which out-of- WORKPLACE RIGHTS’’. were being handled—this is going to be area covered employees may communicate (12) In section 304(c)(4) (2 U.S.C. 1384(c)(4)), better for victims. I am proud the Sen- securely with the Office, which shall include by striking ‘‘Office of Compliance’’ and in- ate has come together on a bipartisan an option for real-time audiovisual commu- serting ‘‘Office of Congressional Workplace basis to get this bill done. nication; and Rights’’. (13) In section 304(c)(5) (2 U.S.C. 1384(c)(5)), The PRESIDING OFFICER. The Sen- ‘‘(2) provide guidance to employing offices ator from Vermont. regarding how each office can facilitate equi- by striking ‘‘Office of Compliance’’ and in- table access to the resources and services serting ‘‘Office of Congressional Workplace S.J. RES. 54 provided under this Act for its out-of-area Rights’’. Mr. LEAHY. Madam President, I covered employees, including information re- (c) CLERICAL AMENDMENTS.—The table of commend my two friends, the Senator garding the communication methods de- contents is amended— from Missouri and the Senator from scribed in paragraph (1). (1) by amending the item relating to the Minnesota, for what they have done. ‘‘(c) EMPLOYING OFFICES.—It is the sense of heading of title III to read as follows: I am going to speak briefly about Congress that each employing office with ‘‘TITLE III—OFFICE OF CONGRESSIONAL S.J. Res. 54. It would remove U.S. out-of-area covered employees should use its WORKPLACE RIGHTS’’; AND Armed Forces from hostilities either in best efforts to facilitate equitable access to (2) by amending the item relating to sec- or affecting the country of Yemen—ex- the resources and services provided under tion 301 to read as follows: this Act for those employees.’’. cept those forces engaged in operations ‘‘Sec. 301. Establishment of Office of Con- (b) CLERICAL AMENDMENT.—The table of directed at al-Qaeda or associated contents, as amended by section 306(b), is gressional Workplace Rights.’’. forces—unless and until a declaration (d) EFFECTIVE DATE; REFERENCES IN OTHER amended— of war or specific authorization for LAWS, RULES, AND REGULATIONS.—The (1) by redesignating the item relating to amendments made by this section shall take such use of U.S. Armed Forces has been section 510 as relating to section 511; and effect on the date of the enactment of this enacted. (2) by inserting after the item relating to Act. Any reference to the Office of Compli- I commend my distinguished friend section 509, as inserted by section 306(b), the ance in any law, rule, regulation, or other of- from Vermont, Senator SANDERS, for following new item: ficial paper in effect as of such date shall be the leadership and perseverance he has ‘‘Sec. 510. Support for out-of-area covered considered to refer and apply to the Office of shown on this issue. He has rightly in- employees.’’. Congressional Workplace Rights. sisted that the Congress, which alone SEC. 308. RENAMING OFFICE OF COMPLIANCE AS OFFICE OF CONGRESSIONAL WORK- TITLE IV—EFFECTIVE DATE has the power to declare war, act in re- PLACE RIGHTS. SEC. 401. EFFECTIVE DATE. sponse to the humanitarian catas- (a) RENAMING.—Section 301 (2 U.S.C. 1381) is (a) IN GENERAL.—Except as otherwise pro- trophe in Yemen—a catastrophe, we amended— vided in this Act, this Act and the amend- have to acknowledge, that the United (1) in the section heading, by striking ‘‘OF- ments made by this Act shall take effect States shares responsibility for causing FICE OF COMPLIANCE’’ and inserting ‘‘OFFICE upon the expiration of the 180-day period as a result of our support for the Saudi OF CONGRESSIONAL WORKPLACE RIGHTS’’; and which begins on the date of the enactment of military. (2) in subsection (a), by striking ‘‘Office of this Act. The Saudi military, by any objective Compliance’’ and inserting ‘‘Office of Con- (b) NO EFFECT ON PENDING PROCEEDINGS.— gressional Workplace Rights’’. Nothing in this Act or the amendments made measure, is guilty of war crimes in (b) CONFORMING AMENDMENTS TO CONGRES- by this Act may be construed to affect any Yemen, and it is long past time for us SIONAL ACCOUNTABILITY ACT OF 1995.—The proceeding or payment of an award or settle- to say: enough. Congressional Accountability Act of 1995, as ment relating to a claim under title IV of International outrage over this issue amended by section 305(a), is further amend- the Congressional Accountability Act of 1995 has been building steadily as the num- ed as follows: (2 U.S.C. 1401 et seq.) which is pending as of ber of civilian casualties in Yemen— (1) In section 101(a)(1) (2 U.S.C. 1301(a)(1)), the date after that 180-day period. If, as of one of the world’s poorest countries— by striking ‘‘Office of Compliance’’ and in- that date, an employee has begun any of the has swollen into the thousands as a re- serting ‘‘Office of Congressional Workplace proceedings under that title that were avail- sult of Saudi Arabia’s intervention and Rights’’. able to the employee prior to that date, the (2) In section 101(a)(2) (2 U.S.C. 1301(a)(2)), employee may complete, or initiate and ongoing aerial bombardment. We have by striking ‘‘Office of Compliance’’ and in- complete, all such proceedings, and such pro- all seen the photographs of the dead serting ‘‘Office of Congressional Workplace ceedings shall remain in effect with respect and the dying, of children who are Rights’’. to, and provide the exclusive proceedings for, nothing but skin and bones. Some

VerDate Sep 11 2014 03:44 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.003 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7549 85,000 children have starved to death— Mr. President, my distinguished col- and being loved by those people I men- 85,000 children—and another 13 million league and dear friend is here to seek tioned and of serving the State and the Yemenis civilians are at risk of starva- the floor, and I yield the floor. country I love as well; grateful beyond tion, according to the United Nations. The PRESIDING OFFICER (Mr. SUL- measure and luckier than I deserve to Of course, the Houthis and the Ira- LIVAN). The Senator from Arizona. be. nians who support them share the FAREWELL TO THE SENATE I leave here grateful and optimistic. I blame for the death and destruction in Mr. FLAKE. Mr. President, I wish to will always treasure the friendships Yemen, but we are not supporting begin by noting that had the people of that began here and the kindness them. We are not sharing intelligence Arizona and America been truly lucky, shown to me and my family by all of with the Houthis and the Iranians or my mother or father would have served you, my colleagues. I will forever cher- providing targeting assistance. We are in the U.S. House of Representatives ish the work of our country that we not selling them weapons. That is what and in the Senate. Everything I know were able to do together. From the bot- we are doing for the Saudis. about what matters most in life I tom of my heart, I thank you all. This joint resolution is about more learned first at their dinner table. For As I stand here today, I am opti- than that. As if the kidnapping of the many reasons—they were otherwise mistic about the future, but my opti- Lebanese Prime Minister Hariri, the preoccupied raising and feeding 11 chil- mism is due more to the country my blockade of Qatar, the imprisonment of dren, working the land, running cattle parents gave to me than it is due to the Saudi women’s rights activists, and the to keep the F-Bar business going, and present condition of our civic life. We, carnage in Yemen were not enough, the serving their church and community of course, are testing the institution of daily, and in too many other ways to outrage toward Saudi Crown Prince American liberty in ways that none of count—my parents were too meaning- Muhammad bin Salman finally boiled us ever imagined we would and in ways fully occupied in life to detour to over with the horrific, premeditated we probably never should again. My something that can be so frivolous as murder of Jamal Khashoggi—a re- colleagues, to say that our politics is politics. So you got their son instead. not healthy is somewhat of an under- spected journalist who dared to criti- I rise to say, it has been the honor of cize the royal family. Mr. Khashoggi’s statement. my life to represent my home, Arizona, I believe we all know well that this is murder by Saudi Government agents at in the U.S. Senate and, before that, in the Saudi consulate in Istanbul and the not a normal time and that the threats the House of Representatives; that is, to our democracy from within and blatant lies by top officials in Saudi it has been the honor of my life after Arabia who tried to cover it up exposed without are real, and none of us can being Dean and Nerita’s son, Cheryl’s say with confidence how the situation the depth of the depravity of the Saudi husband, and Ryan’s, Alexis’s, Aus- royal family. we now find ourselves in will turn out. tin’s, Tanner’s, and Dallin’s father. Over the past 2 years, I have spoken a I have spoken about that despicable Through 18 years in Washington, our great deal on the subject from this crime multiple times already so I will kids grew up thinking it was normal to Chamber, and there will be time not repeat what I have said, but we have their faces plastered on campaign enough later to return to it in other know the Saudi royal family is still signs along the roadside when cam- settings, but in the time I have here lying about who was involved. We also paigns rolled around. They were today, and with your indulgence, I in- know that since long before murdering dragged to countless fundraisers and stead wish to speak somewhat more Mr. Khashoggi, the Saudi Government campaign events. They were used to personally. has had a sordid history of abducting, having their dad join them, sort of, As the authoritarian impulse re- imprisoning, and executing dissidents with a choreographed wave on C–SPAN asserts itself globally, and global com- and others after sham trials that vio- at dinnertime. mitment to democracy seems to now be late international law. They spent summers in Washington on somewhat shaky ground, I have catching fireflies and voting with their The vote today on S.J. Res. 54 is the been thinking a lot recently about the dad on the House floor. They served as Senate’s first response to the Saudi American commitment to democracy— royal family and to the Trump admin- interns and congressional pages. Much of it they enjoyed, some of it they en- where it comes from and how, if the istration. The disaster in Yemen is so circumstances were right, it might slip appalling, and the murder of Jamal dured, but through all of it, they were not just good sports but were extraor- away. Khashoggi was so wicked, so repulsive, This got me thinking back to when I dinarily understanding and supportive. that no amount of money, no amount was a much younger man and had the of oil, and no amount of lies can ob- And Cheryl—well, Cheryl is the rock upon which our family is built. Her privilege of witnessing the birth of a scure it. new democracy in Africa. When I was The Trump administration lobbied strength, equanimity, endless patience and love—her good humor even when about half the age I am now, for my hard against this resolution, warning church mission, I went to South Africa that despite the Saudi royal family’s congressional life was not always funny, and her belief, when disbelief and Zimbabwe. I fell in love with the many misdeeds, the U.S.-Saudi rela- people in these countries. tionship is too important to risk. No would have been perfectly reasonable— these are but a few of the long list of When Cheryl and I were drawn back one is seeking to sever relations with things that leave me simply awestruck to Southern Africa a few years later for Saudi Arabia. Far more important is by my wife. a job, we were in Windhoek, Namibia, that the United States, which is a I think all of us who presume to hold in February of 1990, at the very mo- great country, stands for the truth, for these positions owe someone who loves ment that much of the world enslaved justice, for the laws of war, and that we us a debt we can never ever repay. If by totalitarianism was throwing off its don’t stand by when a whole society of they cannot be repaid, they can at shackles, and the free world that the impoverished, innocent people is being least be properly recognized—Cheryl, United States had led since World War destroyed or when top officials of an- that girl I met on a beach so long ago, II was growing exponentially. other government—whether ally or ad- our wonderful children, my brothers, The Soviet Union was in a glorious versary—conspire to murder a jour- my sisters, our extended families. free fall, shedding republics seemingly nalist or dissident and lie about it. John McCain often joked that the by the day, and Eastern Europe was We have to make clear, the United only way I ever got elected to anything squinting out into the light of libera- States is not for sale, our integrity is was because of my hundreds of siblings tion for the first time in 40 years. Free not for sale. If the Saudi royal family and thousands of cousins. Well, the markets and free minds were sweeping hopes to salvage its tattered reputa- truth hurts, I reckon; Senator McCain the world. Freedom was breaking out tion and its relations with the United just may have been on to something in the Southern Hemisphere as well. States, it will need to take far more de- there. It was my honor to serve with The country where I was sitting that cisive action to end the war in Yemen him, as it has been my honor to serve very morning was itself only days old. and bring to justice all those respon- with Senator KYL. In November of 1989—the same week sible, at the highest level, for mur- Today I am filled with gratitude— the Berlin Wall came down—Namibia dering Jamal Khashoggi. gratitude for the privilege of loving held its first election as an independent

VerDate Sep 11 2014 00:43 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.016 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7550 CONGRESSIONAL RECORD — SENATE December 13, 2018 nation, freed from the apartheid ad- American in my midtwenties sitting fully reminded just how delicate all of ministration in South Africa. This had there in Africa, the power of the Amer- it is right now. come to pass in no small part because ican example to the whole world and The stability of tested alliances, the of leadership from the United States, the humbling responsibilities that steadiness of comportment, and the through the United Nations. come with that power. It is no exag- consistency of words and deeds sum up Just days earlier, an awe-inspiring geration to say that Havel’s disquisi- the best of water’s-edge postwar Amer- document had been drafted only a few tion on democracy before Congress ican consensus on foreign policy. blocks away from where I sat in that day in 1990 was a turning point in It might seem that all of this has Windhoek—a new democracy’s found- my civic education. lately been tossed around like pieces ing Constitution, the inspiration for Havel similarly called out to the on a board, but it is important to re- which had been the marvel of free peo- whole world from Washington on that member that we have seen such tumult ple everywhere and those who aspire to day in 1990, with grace and without before, and it is the genius of the archi- be free: the U.S. Constitution. rancor, but for one mistaken prophecy, tects of our liberty that we withstand At the time, I was in Africa working which to me now reads as tragic, espe- it and emerge the stronger for it. for the Foundation for Democracy, try- cially in the context of the here and What struck me in Namibia that day ing to ensure that Namibia emerged now. with such force and has stayed with me from the process of gaining its inde- At the time, as the wall fell and the ever since is how vital a beacon the pendence as a democratic country. In Soviet bloc that had been encased in United States is and has always been my role at the foundation, I evangel- Stalinism thawed, it was vogue among to the peoples of the world—both to ized for democracy and democratic val- some historians, scholars, and others those who are already free and those ues, the benefits of which had been a to declare ‘‘the end of history’’—that who still suffer tyranny. given for me for my entire life. the big questions had been settled, that It is a solemn obligation that we I can safely say, though, that I liberal democracy was triumphal and have as Americans. Let us recognize learned more about democracy from inexorable, and that the decline of the from this place here today that the the lives of those around me who as- impulse to enslave whole countries was shadow of tyranny is once again envel- pired to it than those who experienced also inexorable. Freedom had won, it oping parts of the globe, and let us rec- it as a birthright. was said, and forever. ognize as authoritarianism reasserts As I sat there in the brandnew Afri- The historian Francis Fukuyama, itself in country after country that we can democracy, I read the speech that who had coined ‘‘the end of history’’ in are by no means immune. the playwright and new President of a an essay a year before, was much in de- I stand here today, recognizing that I newly democratic Czechoslovakia, mand, and it was likely that Havel have had the good fortune during my Vaclav Havel, had just delivered before would have been inspired by the fervor, time in the Senate to have been sur- a joint session of the U.S. Congress, which might explain this passage from rounded by supremely smart and dedi- right across the way in the House his speech. cated staff, some of whom have worked Chamber. Havel, who had much of the He said: for me for my entire 18 years in Wash- previous decade in a Communist dun- I often hear the question: How can the ington. geon and whose last arrest as a dis- United States of America help us today? My My chiefs of staff—Steve Voeller, sident had been mere months before, reply is as paradoxical as my whole life has Margaret Klessig, Matt Specht, Chan- was quite astonished to find himself been. You can help us most of all if you help dler Morse, and Roland Foster have president of anything, much less a the Soviet Union on its irreversible but im- ably supervised a legislative team that country of his oppressors. mensely complicated road to democracy. included over the years people like Col- I sat there in Africa and read Havel’s Of course, history was not over. The leen Donnelly, Helen Heiden, Chuck speech—an encomium to democracy, a road to democracy is not irreversible— Podalak, Kris Kiefer, Sarah Towles, love letter to America, literary and in- not in Moscow, not in America, not Emily Nelson, Brian Canfield, Blake spiring—and I was overcome by his anywhere. Tonn, Flaka Ismaili, Chance Ham- words. There is nothing quite like the After erecting a Potemkin village for mock, Matt Sifert, Colin Timmerman, sensation of having someone who has democracy for an agonizing decade or Melanie Lehnhardt, Hannah Grady, been stripped of everything but his dig- so, the Russians thrust forward a Brian Kennedy, Katie Jackson, James nity reflecting the ideals of your own strongman amid the chaos, a Layne, Andrea Jones, Kunal Parikh, country back at you in such a way that strongman who was determined to re- Gary Burnett, Michael Fragoso, and so you see them more clearly than ever assemble the pieces of a broken empire, many others who drafted substantive before and maybe for the first time. In in the process strangling Russian de- legislation and consequential amend- some ways, that man knows your coun- mocracy in its cradle. ments that have been signed into law. try better than you know it yourself. Vladimir Putin would go on to be My schedulers, office managers, and I can only imagine how surreal it President, and he is President still, and press shop have been asked to explain a must have felt for Havel as he stood be- just as he hijacked democracy in his lot over the years, including my pench- fore the entire Congress, the Presi- own country, he is determined to do so ant for marooning myself on deserted dent’s Cabinet, the diplomatic corps, everywhere. islands, sometimes with people like Joint Chiefs of Staff assembled before Denial of this reality will not make Senator MARTIN HEINRICH, or forced to him in the House Chamber of our Cap- it any less real. This is something that explain why I had been chased by ele- itol Building, with the Vice President is staring us in the face, right now, as phants in Mozambique with Senator and Speaker of the House behind him, we are gathered here today. CHRIS COONS—people like Celeste Gold, all standing in a sustained ovation, a As we in America—during this mo- Meagan Shepherd, Caroline Celley, deep respect from the oldest democracy ment of political dysfunction and up- Megan Runyan, Christine Chucri, Mi- in the world to the newest, whose lead- heaval—contemplate the hard-won con- chael Christifulli, Jacob McMeekin, er had been a political prisoner just a ventions and norms of democracy, we Jason Samuels, Brownyn Lance, Liz season earlier. must continually remind ourselves Jones, Dan Mintz, Krista Winward, Havel soberly poured out his grati- that none of this is permanent, that it Jonathan Felts, Elizabeth Berry, and tude to the United States for the sac- must be fought for continually. many more. rifice our country had made in liber- Civilization and the victories of free- They have kept me largely out of ating Europe once again and for the dom—history itself—are not a matter controversy, if not out of elevators, moral example of its leadership around of once achieved, always safe. Vaclav during my entire time in office. the world in opposing the Soviet Havel lived this. Dedicated caseworkers in my State Union, ‘‘the country,’’ he said, ‘‘that The lovers of democracy I met in Na- offices have helped countless Arizonans rightly gave people nightmares.’’ mibia lived this. Our children, whose with matters of immigration to vet- Havel’s awed appreciation for the rights and prerogatives have never erans’ issues to Social Security. values that too many of us might take been in doubt, are for the most part un- I am frequently stopped, as I am sure for granted brought home to me, an aware of it. But we are being power- many of my colleagues are, in airports

VerDate Sep 11 2014 00:43 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.018 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7551 and grocery stores and thanked for the my friend’s having left the Senate and I yield the floor. good work done by my staff. with respect to the remarks that he The PRESIDING OFFICER. The Sen- Thank you to Buchanan Davis, Mary just made. ator from Delaware. Baumbach, Julie Katsel, Melissa Mar- The Senate has had some very good Mr. COONS. Mr. President, I am tin, Mike Nelson, Jeremy Thompson, people over the years, and currently, proud to stand before you today to Michael Vargas, Chris Stoller, Bob but none have been more principled honor my dear friend and colleague, Brubaker, Blake Farnsworth, Chelsea than my friend from Arizona, JEFF Senator FLAKE of Arizona, and to pay Lett, Elizabeth Bustamante-Lopez, and FLAKE. tribute to his remarkable work here in so many others for such dedicated con- It started for us to see when he was the Senate as this optimistic evan- stituent work over the years. a Member of House of Representatives gelist of democracy. To all who have served in my office: and at first singlehandedly fought in- I have been asked a fair amount in I will miss your wise counsel but, most appropriate earmarks. He even man- recent weeks about my friendship with of all, your friendship. Thank you. aged to get himself appointed to the JEFF—with Senator FLAKE—whose po- I would also like to say a word of Appropriations Committee for a while litical beliefs differ very widely from thanks to the institutional officers so that he could carry on his crusade my own. Yes, Senator FLAKE is a who serve the Senate so ably: the from within. In the end, he was suc- staunch conservative, and if you took a clerks, Parliamentarians, the floor cessful. score card of the things on which we staff, the pages, the Sergeant at Arms I was pleased to support him as my have voted the same or believe the and his employees, and the Capitol Po- successor to the U.S. Senate. He has same, there would not be a ton of over- lice, who keep us safe here in the Cap- his priorities right: faith, family, and lap. itol and at times on distant baseball country. He has spoken about both his But he is also a patriot. He is a pa- fields. I quite literally owe my life to faith and his family here. triot who deeply loves our country and them. Thank you. Not very many of us have the oppor- is willing to work across the aisle to As I give this last speech from the tunity to serve from a town named stand up for the values and principles Chamber, I cannot help but look to my after our own family, and that is how that have made our Nation the great- est on this Earth. maiden speech I gave here just 6 years far Senator FLAKE’s roots go back in Our friendship stems from a founda- ago. the State of Arizona. tion in similar experiences and similar In it I talked about how 12 newly He has spoken, not just today but on worldviews formed at the same time. elected Senate freshmen in 2012 were earlier occasions, from his heart about invited to the National Archives and We are almost exactly the same age. things that he sees need improvement As you heard in his remarkable fare- taken to the legislative vault, where here in the U.S. Senate. I think we are we viewed the original signed copy of well address, time spent in Namibia, all aware of the things of which he Zimbabwe, and South Africa as a the first bill ever enacted by Congress, speaks, and it has been appropriate for as well as other landmark pieces of leg- young man truly shaped him and his him to do so because, as he pointed islation and memorabilia. Oaths of al- view of the United States and our place out, in order for us to be a beacon to legiance signed by Revolutionary War in the world. At just about the same others around the world in support of soldiers, witnessed by General Wash- time, I was spending time in Kenya and liberty, individual freedom, we have to ington, documents and artifacts re- South Africa having very similar expe- demonstrate how it can be practiced lated to the Civil War, segregation, riences. This period in our young lives right here in the United States of women’s suffrage, and the civil rights shaped our sense that this democracy America. movement were also on hand. is special, is important, is worth fight- I noted that it was an affirmation to We would all like to leave this place ing for, and requires greater sacrifice me of the tumultuous seas through better than we found it, and it is not of us than might be obvious here in the which our ship of state has sailed for easy to do, but Senator FLAKE has comforts of the United States. more than 200 years, with many bril- tried his best. Because of these shared experiences, liant and inspired individuals at the He also spoke about our democratic we understand the ways—when our de- helm, along with personalities ranging republic and our focus on individual mocracy is dysfunctional, when the from mediocre to malevolent. But our liberty and how that has had an impact world sees gridlock, especially today, system of government has survived around the world and how others have especially on the continent we have them all. tried to emulate what we do here. both come to know and love in Africa— I also noted then and I will echo These are universal principles that we that there are competing models for today that serious challenges lie ahead, need to focus on. What he has reminded how to organize a society that is rising but any honest reckoning of our his- us of here today is that freedom is not in their visibility and their confronta- tory and our prospects will note that free, and each day we all have to do our tion and their competition with our we have survived more daunting chal- part from wherever we sit to ensure own. We know democracy matters, and lenges than we now face. Ours is a du- that future generations will enjoy the believe we have to fight for it. rable, resilient system of government, kind of freedom that we have had, and We respect each other and listen to designed to withstand the foibles of that starts with our representatives in each other, and over the years, I have those who sometimes occupy these the U.S. Government. It was a fitting been blessed to have the chance for us Halls, including yours truly. subject for a farewell address, and wise to work together. In a time marked by So as I start a new chapter in the counsel was given, as always. division and partisanship, Senator coming weeks, I am grateful most of I want to salute my colleague JEFF FLAKE rightfully recognizes that we all for the privilege of having served FLAKE as a person, though, as much as need to get back to a time when com- with all of you here. a public servant and Senator. He em- promise was rewarded rather than pun- It is my sincere hope that those in bodies what is right about the people of ished, when we worked together to do this body will always remember the the United States of America. As I what is right rather than what is po- words of Lincoln who said: ‘‘We shall said, he has his priorities right, and he litically expedient. nobly save or meanly lose the last best has been willing to serve based upon Senator FLAKE has spent his career hope of Earth.’’ The way forward, he those priorities. doing just that, unafraid to stand up said, ‘‘is plain, peaceful, generous, I wish him and his family all the best for what is right—even when it is hard, just—a way which, if followed, the in their next endeavors. I know because even when it is inconvenient, even world will forever applaud and God will of his dedication to this country and when it might go against President or forever bless.’’ the principles in which he believes that party. He deeply respects our rule of I yield the floor. his service will not end at the end of law and has been willing to take risks The PRESIDING OFFICER. The Sen- his time here in the U.S. Senate, and for it. ator from Arizona. we will all be beneficiaries of that. He worked toward broad bipartisan TRIBUTE TO JEFF FLAKE So to my friend and colleague JEFF immigration reform and stood up for Mr. KYL. Mr. President, I would like FLAKE, Godspeed. I appreciate your re- the independence of the Federal Re- to make just a couple of comments on marks today. serve. He has helped to pass legislation

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I was proud time and again to demand a vote on ator FLAKE spoke on this floor more to have been a cosponsor of a bill he legislation to protect the special coun- than 1 year ago in announcing his deci- authored with Senator COONS to com- sel and to prevent an imminent con- sion to retire rather than seek reelec- bat the wildlife trafficking crisis, stitutional crisis. He has taken risks tion. He said: which became law in 2016. In fact, it and opened his heart in a way deter- [T]o have a healthy government, we must was on a congressional trip that I first mined to help us come together rather have healthy and functioning parties. We met my friend JEFF FLAKE, and I re- than be torn apart, and for that, I am must respect each other again in an atmos- member thinking that he was so fas- eternally grateful. phere of shared facts and shared values, com- cinating. He knew so many things of ity, and good faith. We must argue our posi- Whether meeting personally with tions fervently and never be afraid to com- which I had very little knowledge. world leaders or fighting for the people promise. We must assume the best of our fel- He talked about his time in Africa, of Arizona here on the Senate floor or low man and always look for the good. Until and I will always remember—and this advocating for new policies in com- that day comes, we must be unafraid to will bring a smile to his lips as well— mittee, Senator FLAKE’s courage and stand up and speak out as if our country de- when he told me that the words for de- his convictions have always been evi- pends on it because it does. scribing it being very cold outside were dent. His service as a Senator stands as Senator FLAKE, thank you. Thank the equivalent of a phrase that sounded a model and a challenge for many of us you for being unafraid to speak out for like ‘‘buy a coat.’’ I am sure I ruined in this Chamber. what is right, what is true, and what is the pronunciation, but he is nodding I look back fondly on our 6 years just, and to risk friendship with this affirmatively. I always loved that and serving together. I was chair of the Af- junior Senator from a much smaller will remember that little vignette. rica Subcommittee of the Foreign Re- State on the other side of the con- When Senator FLAKE announced last lations Committee when he first ar- tinent. Thank you for your service and year that he would not seek re-elec- rived, and he succeeded me in that role. your friendship. tion, he offered these words on the Sen- That has given us opportunities to flee I yield the floor. ate floor: from elephants in Mozambique, to dine The PRESIDING OFFICER. The Sen- ‘‘We must respect each other again in with dictators in Zimbabwe and else- ator from Maine. an atmosphere of shared facts and where, and to advance democracy on Ms. COLLINS. Mr. President, I am shared values, comity and good faith. continents we have come to know and pleased to be here this morning to join We must argue our positions fervently love. my colleagues in saluting the public and never be afraid to compromise. We This year alone, we have been to service of our friend Senator JEFF must assume the best of our fellow nearly a dozen countries as we have FLAKE. man and always look for the good. In his remarkable book, ‘‘The Con- tried in a bipartisan way to advance I think it is significant that those science of a Conservative,’’ Senator America’s interests in places around words resonated both with the Senator JEFF FLAKE offered these words that the world where other models of gov- from Delaware and with me, and I am apply to both sides of the aisle and ernance are on the march. His leader- sure with many others. across the political spectrum. Rather Senator JEFF FLAKE always gave his ship, his engagement, his deep respect than constantly pursuing partisan ad- best, and he always helped us to find and admiration for the people of Africa vantage, he wrote, ‘‘the better path al- the good. I join my colleagues in wish- will be sorely missed in this Chamber ways is to break out of rigid ideolog- ing him, Cheryl, and his family well, and impossible to replace. ical thinking, to listen to reasoned ar- and in expecting many more contribu- For me, personally, I will miss his guments on both sides, and to use your tions from this leader of many gifts humor, his friendship, his kindness, best judgment.’’ and determined principles. and his leadership. I know him as a de- Reason and courage have defined Thank you, Mr. President. cent, earnest, and kind man and a Senator FLAKE’s 18 years in Congress— I yield the floor. great husband and father, who loves 12 in the House of Representatives and I suggest the absence of a quorum. nothing more than his talented wife 6 here in the Senate. Throughout these The PRESIDING OFFICER. The Cheryl and his children, Tanner, years of service, he has always been clerk will call the roll. Dallin, Austin, Alexis, and Ryan. He knowledgeable, insightful, and dedi- The legislative clerk proceeded to has also been blessed with a very tal- cated to America and its values. call the roll. ented staff who have worked tirelessly It has been a privilege to work close- Mr. LANKFORD. Mr. President, I ask and been great partners in legislation ly with him on many vital issues. Sen- unanimous consent that the order for and in service. My high view of his ator FLAKE has always been willing to the quorum call be rescinded. character comes, I will remind you, in take on the most difficult challenges The PRESIDING OFFICER. Without this divided context, despite dif- and offer constructive solutions, as his objection, it is so ordered. ferences in our States and back- work on immigration reform dem- S.J. RES. 54 grounds, divergent voting records and onstrates. As my colleague from Dela- Mr. LANKFORD. Mr. President, different specific faith backgrounds. ware has said, he is unafraid. He will there has been a long conversation But all of that is wrapped up in a take on any challenge, no matter the about Yemen. Yemen is in a civil war. shared commitment to evangelize for consequences. It has been a brutal civil war. There democracy. As chairman of the Senate Aging have been a lot of civilians killed and Despite our differences, I believe Sen- Committee, I have appreciated his a lot of damage done to the country’s ator FLAKE has exemplified how Wash- commitment to the well-being, safety, interior. ington and this Senate should work, and security of seniors across the Na- Of the 30 million people who are liv- particularly when it comes to respect- tion and in his beloved home State of ing in Yemen, 22 million, currently, ing each other, holding true to our core Arizona. Senator FLAKE was especially need humanitarian assistance. We have values and principles, and defending helpful in our committee’s examina- over 8 million people who are what is them here and around the world, yet tion of international criminal cartels called ‘‘at risk’’ of severe starvation. It listening to each other and being will- that were using unsuspecting American has the largest cholera outbreak in the ing to trust each other. seniors as drug ‘‘mules’’ to smuggle world right now, and its currency has I only wish I had the blessing of Sen- narcotics across international borders, plummeted in value. We have over 2 ator FLAKE’s partnership in this Cham- not realizing the cargo that they were million people inside the country who ber for 6 more years, but it gives me carrying. have been internally displaced. They, hope thinking of the impact he will un- Senator FLAKE has been an out- literally, can’t live in their homes be- doubtedly have on our country and standing leader on the Foreign Rela- cause the war is around their homes,

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Hadi, the rightful leader of Saudis—should we be around it or we do want to bring peace to this re- Yemen, has given us the authority to should we not be around it?—our Am- gion. take the fight to the terrorists there in bassador, the leadership of the U.N., So what should we do in this situa- his own country because he doesn’t and our U.S. military—which this body tion? want al-Qaida in his country either. is arguing we shouldn’t engage to I think we should speak with a very As long as we are working with Hadi help—are currently putting people at clear voice about the human rights vio- as the rightful leader—he is giving us the negotiating table in Sweden. For lations of Saudi Arabia and call Saudi the go-head to fight against al-Qaida in the past week, our military, which this Arabia out to be a part of the civilized the Arabian Peninsula, and we should body is saying shouldn’t be engaged, world, but I think punishing the inno- for our own security. has actually been the prime mover in cent civilian casualties in Yemen is the So I understand the politics of this, getting all of the same players to the wrong way to do it. and I understand the messaging saying table to negotiate. We should speak out on the issue of that we shouldn’t have all of these In just the last few hours, the Sec- Khashoggi, and we should speak out on things and painting this picture of us retary General of the U.N., along with human rights in the entire region. We pulling out of Yemen for humanitarian the rebel leadership and the legitimate should stand up and ask: What can we reasons. But the fact is, the humani- leadership of Yemen in the civil war, do to stop the fighting and protect the tarian assistance is going in because have stepped out to make major an- civilians there? The best thing we can we are there. The fact is, we are help- nouncements. The first major an- do is to be engaged with the Saudis but ing reduce civilian casualties in that nouncement they just released within not in selecting targets and not in re- area, not increasing them. The fact is, the last hour was that they have com- fueling their jets—we have already the terrorist group al-Qaida in the Ara- mitted to halting fighting around the stopped all of that—but in being a pres- bian Peninsula—the most aggressive seaport so that humanitarian assist- ence there. group against us from al-Qaida—lives ance can get in. As Americans, we forget that most of right there in Yemen, and we should be The Houthis have, actually, domi- the world does not try to protect civil- able to take the fight to them before nated the seaport and taken all of the ians in battles like we do. Most of the they bring it to us again. income from the seaport to finance world just carpet bombs and destroys These are difficult issues. There is no their fighters. Their weapons are com- and burns down cities. Do you want a simple solution to any of these, and I ing from Iran, and their income is com- good example of where America is not get that. It is a very messy civil war. ing from the port because they have present? Look at Syria right now and But the last thing we should do is just taken the port over. Now the U.N. is at the year after year of barrel bombs, pretend our disengagement protects ci- going to run the port. That is a dra- of chemical weapons—Americans are vilians. It does not. I have a unanimous consent request matic shift. Revenues from the seaport out; we are not advising—and at the that is coming up that is currently in will be deposited into a central bank so destruction that is happening to the ci- conversation to try to figure how out that the rightful government, when vilians. to bring it to the floor. I see there are this is all resolved, will actually give If we want to see even more of that some other speakers here on the floor the revenue back to the people of in Yemen, then let’s back this out en- who are ready to speak. I would like to Yemen. There will be a release in fight- tirely. If we want to give Iran the yield the floor to others who want to upper hand in the peace negotiations ing—a pull-out in the major city speak and then speak again in a mo- that are happening right now, then around the seaport there. They have ment on a unanimous consent request. agreed that they are going to have a let’s tell them through this body that With that, I yield the floor. secondary meeting next month in order we don’t support the Saudis anymore The PRESIDING OFFICER. The Sen- to work out the final details to actu- but that we support the Iranians, who ator from Minnesota. ally shut this down. started this civil war in Yemen. Ms. KLOBUCHAR. Mr. President, I So while this body is arguing about The best thing we can do is to give rise today in support of the pending whose side we should take—the Ira- the peace negotiations the opportunity resolution to end U.S support for the nians’ or the Saudis’—and that is real- to finish and to go well; to support, in Saudi-led coalition’s military action in ly what the body is arguing about—we every way that we can, the protection Yemen and to reiterate my previous are, actually, actively pushing the of civilians in that region; and to make calls for our country to respond more players to the table to resolve this. sure that we are assisting with our ad- clearly, more forcefully, and with This is the worst possible moment for vice on how to protect them and how moral purpose to the murder of Jamal this body to start arguing about whose to move forward. That is the best thing Khashoggi by holding the Saudi Gov- side we should be on. I am fully aware we can do—not argue about whether we ernment accountable at the highest that the Saudis’ humanitarian history are going to pull out or not pull out or levels. is deplorable. The whole world praises engage in Yemen or not engage. BLUE WATER NAVY VIETNAM VETERANS ACT them because they now allow women to Let me be clear. Yemen is not our Mr. President, before my remarks on drive. I mean, we are in that bad of a fight. That civil war is not our fight. this resolution, I want to speak about humanitarian situation and of a human Yet, in the ungoverned spaces of another important matter before the rights situation in Saudi Arabia. I am Yemen, there is a group called al-Qaida Senate, and that is the Blue Water fully aware of the murder of Khashoggi in the Arabian Peninsula. They use Navy Vietnam Veterans Act, which I and am fully aware of what they have those ungoverned spaces and use the urge my colleagues to take up and pass done in other areas, but the Saudis cover of the civil war to actively re- in this Congress. I thank Senator have also been the only entity to give cruit worldwide. The most aggressive GILLIBRAND and a number of other humanitarian aid to Yemen in order to part of al-Qaida that is directly pointed leaders for their work on this bill. I help assist this. at the United States in planning at- have cosponsored it, along with more The United States, by far, is the larg- tacks, in orchestrating attacks, in put- than 50 of my Senate colleagues. est donor to what is going on in the hu- ting out information for lone-wolf indi- This important legislation would en- manitarian crisis in Yemen, but the viduals all over the world on how to sure that thousands of Navy veterans civil war is not our problem. This is a conduct attacks on airlines or in cities exposed to Agent Orange during the proxy fight between Saudi Arabia and or in bus terminals originates from al- Vietnam war, and their families, are Iran that is being fought right on Qaida in the Arabian Peninsula in able to receive the benefits they have Saudi Arabia’s southern border in Yemen. earned. Yemen. We shouldn’t take sides in this So while the civil war off to the west When our soldiers signed up to serve, other than to stand up against Iran’s is not our fight, though we do want to we made a promise to provide them

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Look no further than how the Presi- will not overlook violations of human This bipartisan legislation has al- dent has repeatedly dismissed his own rights, whether by Saudi Arabia or by ready passed the House of Representa- intelligence community’s assessment Houthi rebels in Yemen. tives. It is time for us in the Senate to of the murder. This is after reports I urge my colleagues to join me in do the same and maintain our commit- have made clear that the CIA believes supporting this very important resolu- ment to our veterans. with high confidence that this murder tion and to really show the administra- I do want to thank the Presiding Of- was called for at the highest levels of tion, to show the country, and to show ficer for the work we are doing to- the Saudi Government, by the Crown the world that this Congress is actu- gether in a somewhat related area, and Prince. His response stands in stark ally fulfilling its obligations and con- that is the area of burn pits—a modern- contrast to the founding principles of stitutional duties. This is a very im- day version of what many of our sol- our democracy. If the President refuses portant moment for the U.S. Senate. diers experienced during the Vietnam to defend these values, then Congress Thank you. war with Agent Orange. We have some- must. I yield the floor. thing going on right now where our sol- This is not who we are as a country. The PRESIDING OFFICER (Mrs. diers who were stationed next to these So I call on my colleagues to join me— FISCHER). The Senate minority leader. major, expansive burn pits have come and I am so glad we have bipartisan OPIOID EPIDEMIC home sick. It is the same principle as support for this resolution—in defend- Mr. DURBIN. Madam President, I Agent Orange. ing our values. But this is not all we rise today to address the saddest and I thank the Presiding Officer for his should do. I support the comprehen- one of the most depressing issues of the support for the bipartisan bill we are sive, bipartisan legislation introduced moment, and that is the drug epidemic leading given that we have many good to ensure effective oversight of the that faces America. veterans from both Alaska and Min- U.S. policy on Yemen and demand The reality of this drug epidemic is nesota who have come home with meaningful accountability from the felt in every corner of this country. health problems. Saudi Government. This legislation in- There is no suburb too wealthy, no S.J. RES. 54 cludes provisions to suspend weapons town too small, no place in this coun- Mr. President, turning to the pending sales to Saudi Arabia and impose man- try that hasn’t been touched by the matter, I would like to join those of datory sanctions on people involved in opioid and heroin epidemic. my colleagues who have spoken in sup- the death of Mr. Khashoggi. The Centers for Disease Control put port of this bipartisan resolution. I While I support the recent decision to out a statement this morning that is have come to the floor before on this support U.S. aerial refueling—a deci- important for us to truly understand issue because it is so important. sion of the administration—for Saudi this drug epidemic. What the Centers It is time for Congress to speak with coalition aircraft, as well as the sanc- for Disease Control said is that a clear voice in opposition to U.S. sup- tions that the administration imposed fentanyl has become the deadliest drug port for the Saudi-led coalition’s oper- on 17 Saudi officials, this falls far short in the United States. On Wednesday, ations in Yemen. We must make clear of the forceful response that our demo- they reported that fentanyl was in- that we will not turn a blind eye to ci- cratic values require. volved in more deadly drug overdoses vilian casualties, as well as the ongo- In addition, I have previously voted in 2016 than any other drug. There was ing humanitarian crisis that continues to limit arms sales to Saudi Arabia, a total of 63,632 drug overdose deaths in to devastate the country of Yemen and and I will continue to oppose the sale 2016, with fentanyl found to be involved its people. of certain weapons—particularly offen- in nearly 29 percent of those cases. By With this resolution, we can end U.S. sive weapons—to the Kingdom. comparison, fentanyl was involved in support for the Saudi-led military ac- These are steps that we can and only 4 percent of drug fatalities just 7 tion in Yemen. This is an important should take. While there is no question years ago—in 2011. That year, step. It demonstrates that Congress that we have common interests with oxycodone ranked first; it was involved will perform its constitutional duty in Saudi Arabia and that Saudi Arabia in 13 percent. authorizing military action and de- has been our partner, these facts do not Lawmakers are struggling to deal manding that our policies and actions require our country to completely sac- with the sweeping opioid epidemic, and are consistent with our values. rifice our values. the CDC data shows that the problem In light of the bipartisan support for The civil war in Yemen has now goes further than the overprescription this resolution, which, of course, in- raged on for almost 4 years, resulting of opioid drugs. cludes Senator SANDERS and Senator in widespread destruction in the coun- From 2011 to 2016, cocaine consist- LEE—I would also mention that former try and one of the worst humanitarian ently ranked second or third. During Senator Franken from Minnesota had crises in the world. More than 22 mil- the study period, the age-adjusted rate been involved in this as a leader when lion people—half of them children—are of drug overdose deaths involving her- he served in the Senate—the adminis- in need of assistance, and 8 million peo- oin more than tripled, as did the rate tration should more forcefully advo- ple in the country are on the brink of of drug overdose deaths involving cate for a meaningful political process starvation. The country’s sanitation methamphetamine. to end the fighting. system, electrical system, and other Why do I bring up this issue of Following the war in Yemen and the critical infrastructure have been de- fentanyl? Because if you are discussing horrific murder of Mr. Jamal stroyed, leading to the most serious border security in America, you are Khashoggi, I am concerned that this cholera outbreak in half a century. The talking about a number of things. You administration lacks a comprehensive ongoing violence has hindered the de- are talking about those who would as- strategy for dealing with Saudi Arabia. livery of lifesaving humanitarian aid, sault our borders for a variety of rea- I have also been deeply concerned including food and medicine. sons. You are talking about people who that the President continues to ignore Finding a peaceful resolution to the present themselves at our borders for a human rights violations, the suppres- conflict is both a humanitarian imper- variety of reasons. sion of dissent, and the deaths of thou- ative and critical to stability on the Let me try to make several conces- sands of civilians in Yemen in order to Arabian Peninsula. sions here that I think both parties maintain good relations with the The United States has a long history agree with. Saudis. Yes, we have an important alli- of being a global leader in providing First, America needs border security. ance with Saudi Arabia and an impor- humanitarian aid, and we cannot just We cannot allow every person in the

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It will show 10 years ago, we identified Mexican deadly and items that are contraband, contraband that is not supposed to be drug cartels as our greatest criminal that should not be part of America. part of the declared shipment that is threat at that time, and it still is Third, we don’t want anyone who is coming into the United States. today. dangerous outside of our country to Doesn’t it sound like a good idea to How do they do it? How do they knowingly come into this country. try to make sure that anything enter- produce so much narcotics in Mexico at Those who are here undocumented, if ing this country has been scanned? our expense? Well, certainly the answer they are dangerous to our country, Well, it turns out that 98 percent of is obvious: We pay for the drugs. Amer- should be removed. the railroad cars that come into the ican dollars flow back into Mexico so I hope that you would agree there is United States are scanned. That is that the cartels can keep in business, unanimous consensus on those three good news. I wish it were 100 percent, and something else flows back into points. but 98 percent is good. What percentage Mexico: guns from America. Seventy The third point I am going to make of other vehicles coming into the percent of the crime guns that were and not dwell on at this moment is the United States are scanned currently? seized in Mexico—70 percent of them fact that our immigration legal system Eighteen percent. Fewer than one out had come from the United States. How is in shambles. It is awful. We cur- of five vehicles are scanned. did they get across the border? Well, rently are placing in tent camps on the I asked Mr. McAleenan, when he ap- first, it is not legal to export guns border with Mexico hundreds and hun- peared before our Judiciary Committee across that border. Secondly, it turns dreds of children because of a cir- this week: Why not more? out they buy them the same way they cumstance created by this administra- He said: Well, we need to buy more buy them in the Midwest and come to tion, which is almost impossible to un- technology. We need to buy more scan- Chicago to shoot up our streets. They go to gun shows where there are no derstand or to explain. ners so that we can spot those who are But I want to focus specifically on trying to ship people or contraband or background checks, and they buy these guns in volume, and they surrep- fentanyl—on this drug fentanyl, which drugs into the United States. titiously ship them across the border the CDC has told us is the deadliest I said: Well, I looked at President to the Mexican drug cartels. So it is a drug in America today, overwhelm- Trump’s request for your Agency, and circle. The narcotics come here; the ingly the deadliest drug in America he asked for $44 million for scanners. money and the weapons go from here today. What would it take, Mr. McAleenan, back to Mexico. That circle is growing Where does it come from? Much of to have scanners to make sure that all of the vehicles coming into the United in size and in intensity. the production is in China, but it is So I asked an obvious question: Do States are scanned? produced in other places. Much of it we check on the vehicles that are He gave me the number: $300 million. transits into the United States across southbound out of the United States, That is a lot of money. But when you that Mexican border. So when we talk headed down to Mexico? The answer is consider the cost of our drug epidemic about border security and stopping the almost not at all. drug epidemic in America, let’s be hon- and the deadly results of that drug epi- How are we going to deal with this est about it. Building a wall from one demic, it is not a lot of money. And drug epidemic and how are we going to side of the United States to the other when you put it to the idea of a $5 bil- deal with border security if, instead of does not stop the flow of fentanyl into lion wall, it is laughable that this ad- addressing these very real issues that our country. Fentanyl is coming in ministration is insisting on a medieval directly impact the drug epidemic in through ports of entry—openings, legal wall as opposed to the technology that America, we are sitting here talking openings—in the wall. lets us look inside the vehicles that are about $5 billion for a wall? We heard yesterday from the experts shipping these deadly drugs into the All of us have voted for the Depart- that some 80 percent of the drugs that United States and killing people in our ment of Homeland Security to build flow into the United States from Mex- country. That is the reality of what we barriers where needed, to build fences— ico come through our ports of entry. face today. and they tell us they don’t need a wall; They are not putting them in I would say to this President: Don’t they need a fence they can see through. backpacks and storming across the shut this government down over border We put money on the table for that desert at night, trying to come across security; make smart border security year after year, and I will continue to the Rio Grande. That may be a part of choices. Listen to your professionals. because I think it is a smart thing to some effort, but when it comes to the Put aside your campaign speeches do, to have a border that is actually se- deadliest of drugs coming into the about ‘‘a wall from sea to shining sea’’ cured. But this President is prepared to United States, they are coming and listen to the professionals who will shut down the Government of the through our ports of entry. tell you, Mr. President, as they edu- United States not for the technology What can we do about it? Well, the cated me, that there are better ways to that I have described to you—the suc- interesting thing we can do about it is keep America safe than to build a god- cessful technology that can reduce the to look at the obvious. I asked one of awful wall. flow of fentanyl, this deadliest of the experts, a Mr. McAleenan, who is Walls can be overcome by ladders and chemicals into the United States, not with the Customs and Border Protec- tunnels underneath, but this tech- for the technology that could detect in tion system—he does this for a living. nology we are talking about is inescap- these vehicles if they had a trailer full I asked him last year: If I gave you a able. When you bring your vehicle of people who are being smuggled in for blank check and said ‘‘Make our bor- through these scanning devices, we whatever reason—no. This President is ders safer with Mexico,’’ what would know a lot more about what you are fixed on one issue: a $5 billion wall. you spend it on? trying to do. I hope someone close to the President He said two things immediately: And while we are on the subject, the will sit down with him and explain the technology and personnel. That makes hearing yesterday was about Mexican reality of border security. It goes way sense. drug cartels. Some of the things that beyond a campaign speech. There are I said: Give me an idea of the kind of were told to us in that Judiciary Com- plenty of votes, Democrats and Repub- technology you think would make mittee hearing were stunning. They es- licans, for border security that is America safer. timate that the current economic ac- smart and border security that will He said: There is something called a tivity of the Mexican drug cartels is work. Z-Portal. part of a transnational network whose The hearings this week in the Senate I had never heard the term before. A global revenue exceeds the gross do- Judiciary Committee really told the Z-Portal is a scanning device; if you mestic product of Mexico. What they story. I am sure the President didn’t drive a car or a truck across our bor- are doing in creating this narcotic follow those hearings, but I hope some- der, it scans it, x rays it, and can tell trade and exporting is now surpassing one at the White House can and did

VerDate Sep 11 2014 00:43 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.025 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7556 CONGRESSIONAL RECORD — SENATE December 13, 2018 convince him: Don’t shut down this Country before party—that is the family I like to call Missouri, or ‘‘Mis- government to build a wall. Appeal to North Star of JEFF FLAKE’s political souri’’—we argue about it a lot—and Congress on a bipartisan basis to give life. Adhering to that principle may my family here in the Senate. our government the resources to make have made him a one-term Senator First, my actual family—because America safe. from Arizona, but it also made him an they are the most important. In the If we could stop the deadly flow of extraordinarily good Senator and pub- words of author Andre Maurois, ‘‘with- fentanyl across that border, we will lic servant. out a family, man, alone in the world, save American lives. We can do it. We The problems JEFF FLAKE tried hon- trembles with the cold.’’ I have been know the technology that will accom- orably to solve haven’t gone away. very warm my whole life. I have not plish it. Now, all we lack is the polit- They still demand our attention. If we ‘‘trembled’’ in the cold because I have ical will to get it done. can approach these challenges with the always had my family. TRIBUTE TO JEFF FLAKE same principles and openmindedness of My parents taught me that caring Madam President, I am sorry I Senator JEFF FLAKE, America will be a about the community around us was wasn’t here earlier when he was on the winner. noble and good and that holding public floor, but I know that my friend and I yield the floor. office was an honorable endeavor, even colleague, Senator JEFF FLAKE, gave The PRESIDING OFFICER. The Sen- though my parents were largely spec- his farewell address to the Senate, and ator from Tennessee. tators and supporters and not can- he will be leaving soon. I wanted to AMENDMENT NO. 4096, AS MODIFIED didates or officeholders. They just honor him for his service in the Senate Mr. CORKER. Madam President, I cared, and they wanted me to care too. and thank him for all the things we ask unanimous consent that the Cor- At the risk of going down the road of have worked on together. nyn amendment No. 4096, as modified, too many family stories, it may ex- When the political history of our be called up and reported by the clerk. plain a lot that my dad fell in love with time is written, I think one of the most The PRESIDING OFFICER. Is there my mom when he saw her smoking a interesting chapters will be about my objection? cigar and belting out, ‘‘Won’t you come friend, Senator JEFF FLAKE, of Ari- Without objection, it is so ordered. home, Bill Bailey,’’ at a party; that my zona. I hope that history will be able to The clerk will report. mother said I must say ‘‘trick or explain to me how one of the ideolog- The bill clerk read as follows: treat’’ and vote for JFK when I was 7; ical sons of Barry Goldwater, who was, The Senator from Tennessee [Mr. CORKER], and that my father insisted that I not in fact, the father of modern American for Mr. CORNYN, proposes an amendment only learn the rules of football but that conservatism—how this ideological son numbered 4096, as modified. I also learn to tell a good joke and named JEFF FLAKE came to be viewed The amendment is as follows: learn to laugh at myself. as a suspect conservative in Senator My siblings. My two sisters and my Goldwater’s home State of Arizona. (Purpose: To provide that nothing in the joint resolution shall be construed to influ- brother have simply been the port in I have always found JEFF FLAKE to be ence or disrupt any military operations every storm. a conservative with a conscience, and I and cooperation with Israel) My children. We have a large, blend- have been privileged to work closely At the end, add the following: ed family of many children and grand- with him on some of the most impor- SEC. 2. RULE OF CONSTRUCTION REGARDING children that is close and loving. I tant questions of our time. CONTINUED MILITARY OPERATIONS adore them all, but I need to specifi- Most people, in observing Wash- AND COOPERATION WITH ISRAEL. cally mention my three children—Aus- ington, think all we do is fight like Nothing in this joint resolution shall be tin, Maddie, and Lily—because they cats and dogs, and Democrats and Re- construed to influence or disrupt any mili- were there from the beginning—infants tary operations and cooperation with Israel. publicans won’t work together. That is in car seats going to political events, not true. JEFF FLAKE and I were mem- FAREWELL TO THE SENATE toddlers sitting sometimes not so bers of something called the Gang of 8. The PRESIDING OFFICER. The Sen- quietly as I gave a speech, and, then, We produced a comprehensive, bipar- ator from Missouri. amazing troopers in the almost decade tisan immigration reform bill that Mrs. MCCASKILL. Madam President, of my career when I was a single work- passed on this Senate floor overwhelm- it is probably no surprise for my col- ing mom, hauling them all over the ingly 151⁄2 years ago. Other members of leagues to know that I don’t like much State on campaigns. They now have the Gang of 8 included our current the idea of a farewell speech. I haven’t forgiven me for the missed recitals and Democratic leader, CHUCK SCHUMER; spent a great deal of time contem- the missed field trips and the fact that MIKE BENNET, the Senator from Colo- plating it over the years I have been I couldn’t be the homeroom mom. rado; LINDSEY GRAHAM, the Senator here. I am not a big fan of the concept. Today, they have grown into amazing, from South Carolina; BOB MENENDEZ of But I want to respect the tradition, es- strong adults who make me very proud. New Jersey, Senator MARCO RUBIO of pecially since I have witnessed so many And yee howdy, those grand- Florida; and that old iconoclast him- Senate traditions crumble over the last children—I have 11, going on 12. I can’t self, Senator John McCain. 12 years. So I will do my best to get wait until they are all old enough to We met day after day and night after through this without breaking up. yell at them what my mom used to say night to write an immigration reform A traditional farewell speech in the to us when we were dawdling and too bill. We fought like cats and dogs over U.S. Senate is full of accomplishments slow in getting to the car: ‘‘Last one in some of the provisions, but in the end and thanks. I am going to skip half of is a Republican.’’ we agreed. We came up with a com- that. I am extremely proud of my body My husband, Joseph—how lucky I am promise bill, and it passed overwhelm- of work over 34 years of public service, to have him as my best friend. We were ingly. We spent hundreds of hours to- but it is for others to judge, and I won’t married 16 years ago, after I was well gether because we knew that America dwell on it today, other than to say it into my political career and after he needed immigration reform. is a long list and a tangible demonstra- had achieved great success in business. Senator FLAKE was a voice of con- tion of the value of hard work. He is proud and supportive of me al- servatism in those discussions, but he The wonderful Barbara Bush said: ways, but he certainly didn’t bargain was also a voice of conscience, compas- ‘‘Never lose sight of the fact that the for the incredibly unfair treatment we sion, and reason. I had to laugh at the most important yardstick of your suc- got at his expense because of his busi- description of my friend, Senator cess will be how you treat other peo- ness success. Let the record of the Sen- FLAKE, in an article in the Atlantic ple—your family, friends, and cowork- ate now say what my Republican col- magazine last year. The reporter ers, and even strangers you meet along leagues did not during my campaigns: wrote: the way.’’ Thank you, Joseph, for your integrity, Flake doesn’t relish criticizing other peo- So rather than talk about what I ple, but when he does, it is usually in a fa- your honesty, your generosity, and therly tone of disappointment. . . . He some- have done, I want to speak a few mo- your heart, which has always directed times seems as if he just crash-landed here in ments about my family, and I have you to do good, as you do well. a time machine from some bygone era of three different families I want to talk Then there is my Missouri family. I seersucker suits and polite disagreements. about today: my actual family, my love my State—all of it, every corner

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In the case of Senator MCCAS- service, and so lucky to have made we don’t have the strength to look in KILL and me, we have our own 30 years. many, many good friends along the the mirror and fix it, the American About that long ago, she was starting way. I am excited that I will now have people are going to grow more and her second term in the Missouri legis- more time for them. more cynical, and they might do some- lature—smart, well-prepared, all she David Stier said: ‘‘Family means no thing crazy like elect a reality TV-star always is. I was the first Republican one gets left behind or forgotten,’’ and President. I am not kidding. That is elected secretary of state in 52 years that is how I feel about Missouri. That one of the reasons this has happened. and only a couple years older than her. is why my office has tried very hard to Power has been dangerously central- In fact, we never had much of a fight help every individual who has come to ized in the Senate. We like to say: Oh, about who was going to be called a sen- us for help, every veteran who has we can’t change the rules or we would ior Senator because neither wanted to needed assistance, every senior caught be just like the House. We kind of are be the particular senior anything at in Social Security redtape—no matter like the House, guys. We kind of are. A this point, but we began to work to- who they were or where they lived or few people are writing legislation and a gether. what their politics were. few people are making the decisions. CLAIRE was smart, she was quick, she Then there is my staff family—my We have to throw off the shackles of was funny, she was insightful, and she staff, here and in Missouri, in this job, careful, open the doors of debate, re- was always well-prepared. She was in my previous jobs, and in many, claim the power of Members and com- also, by the way, on the Appropriations many campaigns. mittees, and, most of all, realize that Committee that I had to report to. The Richard Bach said it best: ‘‘The bond looking the other way and hoping that questions were always tough and usu- that links your true family is not one everything will work out later is a ally I could answer them. Even then, I of blood, but of respect and joy in each foolish idea. For gosh sakes, debate and often wondered how somebody as smart other’s life.’’ They have been my rock, vote on amendments. and well-prepared as CLAIRE could so my compass, my inspiration, and my But with all the problems I have out- often wind up on the wrong side of the coach—the best and the brightest, lined, know that I love this place and issue of the day based on my view of looking not for money or fame but just you—almost all of you. You have filled the issue of the day. We still have to make a difference. my life with interesting work and un- that—the 8 years we were here to- To my Senate staff here today and forgettable memories. We have argued, gether. watching and to all the staff in my of- we have sung, we have fought, we have Let me tell you, on anything that in- fices of the prosecutor’s office, the cried, and we have laughed together— volved Missouri, I think you would auditor’s office, the county legislature, just like family. You are family, and I have a hard time finding an exception and the State legislature, I respect will miss you terribly. where we didn’t get to the same place, each of you immensely. As you go forth Desmond Tutu, a very wise man, where we didn’t get there quickly, and in the world, remember the McCaskill said: ‘‘God’s dream is that you and I where we didn’t do everything we both office motto—they could cite it for you and all of us will realize that we are could do to figure out how to reach a right now if I asked them: If you work family, that we are made for together- conclusion. hard, you can do well. But if you are ness, for goodness, and for compas- In fact, all week I was thinking, is having fun, you will do great. sion.’’ there any way I can get to St. Louis to We were happy, and it made a dif- Thank you very much. where the property transfer will be ference. George Bernard Shaw said: ‘‘A I yield the floor. made for the new NGA, the National happy family is but an earlier heaven.’’ (Applause, Senators rising.) Geospatial West facility—$1.3 billion Working with my staff was heaven. The PRESIDING OFFICER. The Sen- facility—right where Pruitt-Igoe used Finally, to all my fellow Senators ator from Missouri. to be, something new that will be the and all of the many people who work Mr. BLUNT. Madam President, while center of activity and something that here in the Senate, I would be lying if our colleagues show their affection for was built at the site of a really bad I didn’t say I was worried about this Senator MCCASKILL, let me talk a little government decision. We worked very place. It just doesn’t work as well as it bit about my relationship with her and hard to get that done. I was thinking, used to. The Senate has been so enjoy- her service to our State. She chose not I am going to do that, until I found out able for me, but I must admit that it to do that, but she has served Missou- it wasn’t going to be next Tuesday; it puts the ‘‘fun’’ in dysfunction. rians at every level of government—as was going to be today when Senator Peter Morgan, an author, said: ‘‘No a county legislator, as a State legis- MCCASKILL was going to give this family is complete without an embar- lator, as an extraordinary prosecutor, speech, and I knew I needed to be here rassing uncle.’’ We have too many em- and as the State auditor, when her par- and wanted to be here for that. barrassing uncles in the U.S. Senate ticular talent to find out exactly what I also say that our staff—and her and lots of embarrassing stuff. The was going wrong and point it out was Washington staff is here—our staff in U.S. Senate is no longer the world’s maybe at its best use, and 12 years in Washington, our staff in Missouri, to greatest deliberative body, and every- the U.S. Senate. the best of my knowledge, have always body needs to quit saying it until we I know that not too long ago CLAIRE worked closely on everything. They recover from this period of polarization and Joe took their family on a vaca- would even be at meetings where one of and the fear of the political con- tion to a ranch in the West. I was them would be explaining why I voted sequences of tough votes. Writing legis- thinking about that, and thinking the way I did and the other would be lation behind closed doors, giant omni- about her reminded me of a story I had explaining why CLAIRE voted the way bus bills that most don’t know what is heard about a wrangler at one of those she did, and they would often ride to- in them, K Street lobbyists knowing ranches, who was just perfect on a gether. That was the way we worked about the tax bill managers’ package horse. Somebody who was visiting together on citizen concerns, on Mis- before even Senators—that is today’s asked: How do you get that good riding souri concerns. That happened here as Senate—and no amendments. a horse? well. Solving the toughest problems will He said: Well, first of all, you get on CLAIRE talked about her family. Joe not happen without tough votes. We the horse and you put your boot in the Shepard, a great friend of mine for— can talk about the toughest problems, stirrup. You put your heel right up frankly, Joe was helping me before he we can visit about them, we can argue against the back of the stirrup. You sit started helping CLAIRE, but she pretty about them, we can campaign on them, easily in the saddle, and you ride for well totally converted him to her side

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You have let people know tion that never would have surfaced in could be in a parade somewhere else. what you feel. You wear your heart on that hearing. CLAIRE’s mom: The last person in the your sleeve, and you are one great As Missouri State auditor, a pros- car is a Republican—I can absolutely woman. ecutor, and a Senator, CLAIRE MCCAS- hear Claire’s mom saying that. In fact, The PRESIDING OFFICER. The Sen- KILL has always been a champion for after I was elected to the Senate, I was ator from Maine. accountability, dedicated to rooting in the Senate and happened to see Joe Ms. COLLINS. Madam President, I out waste, fraud, and abuse in govern- and CLAIRE’s mom and went over to say stand here today with a heavy heart, as ment programs. She has always been hi. CLAIRE’s mom said: Well, I would we pay tribute to our friend and col- determined to get to the truth and to like to say it is nice to see you here, league, CLAIRE MCCASKILL of Missouri. get to the bottom of an issue. During but based on everything I said in the Senators represent their State and, not the damaging shutdown of 2013, she campaign, I would be two-faced. surprisingly, they often reflect their stepped forward as a charter member of That was Betty McCaskill, and I State’s heritage, traditions, and val- our Common Sense Coalition to help liked her for it. I was at Betty ues. restore the faith of the American peo- The people of Missouri rightly prize McCaskill’s memorial service during ple and to reopen government. their reputation as independent, CLAIRE’s campaign that year for her I have worked so closely with Sen- straightforward, and trustworthy— second election to the Senate. She was ator MCCASKILL during her entire time qualities that define my friend, Sen- at my dad’s memorial service during in the Senate, and I will miss her so ator CLAIRE MCCASKILL. my election campaign to the Senate To that, I add another quality that much. She is a tough, no-nonsense this time. As CLAIRE and Joe were leav- defines this accomplished leader from leader, a dedicated public servant, and, ing, CLAIRE said to me: What a perfect the Show Me State. Like her inspira- most of all, a good friend. CLAIRE, I thank you for your public service for Leroy Blunt. Nobody in this tion in public service, President Harry body could say that like CLAIRE could service, and I wish you, Joseph, and Truman, Senator MCCASKILL is feisty. say it because she knew my dad. When In her two terms in the Senate, Sen- your family all the best in the years to family got up, we talked about my dad, come. ator MCCASKILL has demonstrated her The PRESIDING OFFICER. The Sen- but CLAIRE knew that was not just a belief that no one party holds a monop- ator from Montana. passing comment; it was knowing who oly on good ideas. It has been such a Mr. TESTER. Madam President, I we were and knowing who she is and pleasure to work with her across the rise today, as we all are, to recognize a what she knew about that. aisle on so many issues. She was al- marvelous person in CLAIRE MCCAS- Of all the times we voted differently, ways the best of partners: strong, stra- KILL. I am going to go back to 2006, we have a relationship without pre- tegic, determined, and she got a lot when CLAIRE was running for the U.S. tense, as much as you can possibly done. have between two Members of the Sen- An issue that brought us together as Senate and I was too. The first time I ate from the same State. The best part leaders of the Senate Aging Committee saw CLAIRE MCCASKILL on TV was on of the last 8 years—we have been was the extensive bipartisan investiga- C–SPAN. She was in a debate. I friendly for 30 years, but in the last 8 tion we launched in 2015 into the ex- thought to myself: My, oh my. This years, we really have become good treme spikes in the prices of many pre- lady has skills—because it is some- friends. Old friends are hard to make. scription drugs. The findings of our in- thing I do, I study people who are good It takes a long time, say 30 years, to vestigation were appalling, and the re- and I try to steal as much as I can from really make old friends. form legislation we coauthored is pro- them and there was plenty to steal in I look forward to our time together ducing results in spurring approval of her ability to get to the truth. after you leave here. I have benefited lower cost generic drugs and increasing Then, CLAIRE and Jim Webb and I all from our time together while you were transparency in the pharmaceutical in- won close elections in 2006 and showed here. Our State has benefited from dustry. up in this body. Those of you who know your service in incredible ways at all Our work together on drug pricing Webb, Webb was maybe the most in- levels. Even on the days we didn’t dis- uncovered the gag clauses that indus- tense person I ever have met in my agree, I never doubted your sense that try uses that can prohibit your local life—an incredible human being in his you were doing the right thing. It is an pharmacists from telling consumers if own right—and I became good friends honor to be your friend, and it is an their prescription would cost less if with Jim. honor to have worked for you. Thanks they paid for it out of pocket rather CLAIRE, I can’t tell you the first time for all you have done for the State of than using their insurance. The Pa- we met, but I can tell you when we Missouri. tient Right to Know Drug Prices Act met, it was like we had known one an- The PRESIDING OFFICER. The Sen- that Senator MCCASKILL and I coau- other our whole lives. CLAIRE had this ator from California. thored and that was signed into law ability to instill—and still has this Mrs. FEINSTEIN. Madam President, this October ends this egregious prac- ability. I want to talk in the future, the last thing one does in life is not tice, saving consumers money and im- not in the past. CLAIRE has the ability necessarily the best. I have come to re- proving healthcare. to welcome you and make you feel as spect CLAIRE MCCASKILL over a long We also investigated numerous finan- good about yourself as you feel about period of time. I have watched her walk cial scams that attempted to rob sen- her. in a room and watched heads turn. I iors of their hard-earned savings. Once We got to be fast friends. She and Jo- have listened to her up front, answer- again, working together, we were able seph are Sharla and my best friends in ing questions: no nonsense, direct, to get a new law passed that tackled this body. In fact, when I got on the truthful, to the very best of her ability. this serious issue as well. There is no- train a few weeks ago—and I probably I found in her a great sense of con- body in this body who is more talented shouldn’t have done this, but it just science. She has this marvelous exte- at questioning individuals who came happened—I happened to get on the rior. I think the interior is a little dif- before our committee and were trying train with Senator-elect Hawley. I ferent. to shape the truth or deceive or dis- didn’t know him. I never met him. I There is a sensitivity there that is tract than CLAIRE MCCASKILL. She, as never looked at the debates this time very special, Senator. I hope you never Senator BLUNT mentioned, was always around when I was campaigning. He in- ever lose it because it is what gives you well-prepared; she was always insight- troduced himself to me. I will probably the ability to do what you do. Now I ful; and she was always tough. owe him an apology for this, but I said:

VerDate Sep 11 2014 03:44 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.031 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7559 Yes, you just beat my best friend in the talent and relentless work ethic to This past year, she used her influence U.S. Senate—because she has been. public service that Stan Musial—‘‘Stan as ranking member of the Senate She is one of the reasons I have been the Man’’—brought to baseball in St. Homeland Security and Governmental able to come to this body and really Louis. She has stood for office 24 Affairs Committee to investigate the enjoy it. As everybody said before, she times—lost twice. That makes her bat- causes of the opioid epidemic dev- is smart, she is very articulate, and she ting average considerably better than astating America. That investigation has a heart. Those three things are .300. showed how pharmaceutical companies qualities that serve one well in the Five years ago, Senator MCCASKILL knowingly sold dangerous and addict- U.S. Senate. and I teamed up to suggest a name for ive pain killers in order to maximize And I, for one, am going to miss her a beautiful new bridge that spanned profit. She worked diligently on a bi- presence here and her ability to tell the mighty Mississippi River between partisan basis to ensure passage of a the truth in a way that you have to be her State of Missouri and mine of Illi- law that will help combat the opioid hard of hearing not to understand what nois, near St. Louis. Thanks to Claire’s epidemic and provide treatment for she says because she has been a great leadership, it is called the Stan Musial those who are addicted. And she has Senator over the lasts 12 years. She has Veterans Memorial Bridge. Locals all never ever wavered in her efforts to represented Missouri, and because we call it the Stan Span for short. It is a protect Americans with preexisting all have those two letters in from of well-deserved, fitting tribute to my medical conditions. our names—‘‘U.S.’’ Senator—she has boyhood hero and a fitting tribute to Results, not just rhetoric—that is represented this country in an amazing CLAIRE MCCASKILL’s tenacity. CLAIRE MCCASKILL. way. I, for one, will miss her but will In an age of hyperpartisanship, As Stan Musial approached the plate make a point to make sure the rela- CLAIRE MCCASKILL is a bridge builder. for the last time before he retired, leg- tionship we have developed in this body She doesn’t ask whether ideas come endary sportscaster Harry Caray said: continues for the rest of our lives. from the left or the right; she asks ‘‘Take a look, fans. Take a good long The PRESIDING OFFICER. The Sen- whether they will work. Like her own look. Remember the swing and the ator from Florida. political hero, Harry Truman, she is a stance. We won’t see his like again.’’ Mr. NELSON. Madam President, I straight talker, and she can be a bull- As Senator MCCASKILL leaves the just wanted to address the Senator dog when it comes to demanding ac- Senate, take a look. Remember CLAIRE from Missouri to tell her that she has countability for the people who pay for MCCASKILL and her personal brand of been a wonderful colleague for this this government and those who rely on Missouri courage. May we all try to be Senator. it. She has cast historic and heroic bridge builders, as she has been. As someone of more moderation in votes on the Senate floor. She voted for I yield the floor. The PRESIDING OFFICER. The Sen- her politics who comes from a Repub- an economic stimulus package that ator from Kansas. lican-dominated State, she has nego- helped prevent a second Great Depres- TRIBUTE TO CAPTAIN MARK D. BEDRIN tiated the political winds so well and sion. She voted to create the Afford- Mr. MORAN. Mr. President, thank has always kept her eye on rep- able Care Act—one of the most impor- tant social and economic justice laws you. resenting her State. This Senator from We all are surrounded by exception- Florida particularly appreciates that, of our lifetime. One story about CLAIRE MCCASKILL ally dedicated young men and women because being a Democrat in a Repub- seems especially telling. Nearly 2 years who work side by side with us and lican State is not an easy task, and she ago, she was ready to vote to confirm whose lead we sometimes follow on has done it with such dignity, looking Neil Gorsuch, a Trump appointee, to issues—our staff. I am honored to have out for her people, looking out for the the U.S. Supreme Court. In Missouri, a such a capable, dedicated, and loyal people who are voiceless. I just want red State, that was a pretty good vote staff—to me but more importantly, to her to know she has the appreciation of for her politically. But when she met Kansans and to Americans. this Senator from Florida. privately with then-Judge Gorsuch, she Today I want to take just a moment I yield the floor. asked him about a case in which he had to recognize the contributions of a The PRESIDING OFFICER (Mr. ruled that a trucking company was member of that staff, U.S. Army CPT SASSE). The assistant Democratic lead- within its rights when it fired a driver Mark Bedrin, who has spent the last er. who left his broken-down truck briefly year working in my personal office as Mr. DURBIN. Mr. President, we re- on a sub-zero night to find help. part of the U.S. Army Congressional cently heard a farewell speech from my Senator MCCASKILL asked Judge Fellowship Program. colleague and friend, Senator CLAIRE Gorsuch: Did you ever think about Before Mark departs from my office MCCASKILL of Missouri. I grew up what you would do if you had been that to return to the Army, at the Pen- across the river from St. Louis in the truckdriver? tagon, at the start of the new year, I town of East St. Louis, IL, and feel a The judge said: No. rise to express my admiration and ap- familiarity with Missouri and St. Louis Senator MCCASKILL changed her vote preciation to Captain Bedrin for all the probably more than most residents of to no. It cost her politically, but that hard work and dedication in his service my State. We have had many great is the kind of Senator CLAIRE MCCAS- to our Nation. reminisces about the city and her life, KILL is. Her idea of governing is to Exactly 1 year ago, when I first and I wanted to say a few words on the spend money wisely, punish mis- learned that Captain Bedrin would be floor today as she ends her service in behavior, and give people what they joining our office and our team, I the U.S. Senate. need in order to get through their daily called and welcomed him to the office, My boyhood hero was Stan Musial— lives. She has been a voice for truck- and I immediately was struck by his ‘‘Stan the Man’’—St. Louis Cardinals drivers and farmers and factory work- determination and his sense of duty. Hall of Famer and one of greatest ball ers and a lot of ordinary people who Since that first conversation with players who ever lived. He retired in work hard and still struggle to pay Mark, I knew he would be an asset to 1963 holding National League career their bills. She has been a fearless our team, and he absolutely has never marks for games played, at-bats, and champion of my Dreamers, and for that disappointed. hits. Asked to describe the habits that I will forever be grateful. Her votes to Mark’s nearly 9 years of service in kept him in baseball for so long, Musial help these young people always were the U.S. Army have developed his lead- once said: ‘‘Get eight hours of sleep risky politically, but she never ever ership capabilities and shaped his per- regularly. Keep your weight down, run flinched. I will forever be in her debt spective on defense issues that are of a mile a day. If you must smoke, try for her show of courage on that one such national significance, making him light cigars. Then cut down on inhal- issue. a unique asset to our team who, as a ing.’’ Incidentally, she showed the same member of the U.S. Armed Forces, ‘‘One last thing,’’ he added: ‘‘Make it courage and compassion when calling helps us work to serve Kansans and a point to bat .300.’’ for an end to this administration’s their families. CLAIRE MCCASKILL has always cruel policy of separating immigrant Mark’s assignments have taken him brought the same sort of natural-born families at our border. and his wife, Katie, and their children,

VerDate Sep 11 2014 03:44 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.032 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7560 CONGRESSIONAL RECORD — SENATE December 13, 2018 Elizabeth and Patrick, around the selfless service and leadership. Our en- for transparency, accountability, and world in service to our country. Mark tire office, our staff here in Wash- truth when our partners flagrantly vio- has completed two combat deploy- ington, DC, and our staff in Kansas will late American values, disregard inter- ments encompassing more than 22 miss you. All know how much you con- national norms, and take actions that months in Kandahar Province, Afghan- tributed to the cause, and I know you undermine our broader strategic inter- istan, as a rifle platoon leader during will continue to do great things ests and run counter to regional secu- the Afghanistan surge and as regi- throughout your Army career and your rity. mental battle captain overseeing most life of service wherever that path may The Trump administration has cyni- of the Regional Command South. He lead. cally framed this vote as a binary, also completed a peacekeeping deploy- The PRESIDING OFFICER. The Sen- zero-sum choice: You are either for ment to the Sinai Peninsula in Egypt, ator from New Jersey. Iran, or you are for Saudi Arabia. where he commanded a rifle company S.J. RES. 54 Well, my answer to that is, I am for supporting the Multinational Force Mr. MENENDEZ. Mr. President, I the United States of America. I am for and Observers maintaining the treaty come to the floor today to talk about America’s security interests. I am for of peace between Egypt and Israel. the U.S.-Saudi Arabia relationship in American values. And I am for partner- Mark planned and completed multiple the broader context of America’s inter- ships and alliances deeply rooted in missions supporting Atlantic Resolve ests in the Middle East. both. in Central and Eastern Europe as well. I want to begin by responding to an I can’t imagine that any one of my Although Mark is a native of New op-ed Secretary of State Pompeo pub- colleagues on either side of the aisle York and he had never been to Kansas lished in the Wall Street Journal in would put me in the pro-Iran camp. I prior to his working in my office, he which he called the U.S.-Saudi Arabia take a backseat to no one in the Sen- immediately got familiar with issues partnership ‘‘vital.’’ That statement ate in taking the lead to end Iran’s that Kansans face each day and made reflects a distorted view of the U.S.- pathway to a nuclear weapon and to it a priority to spend time in Kansas Saudi Arabia relationship that has per- end its nefarious promotion of ter- and to see firsthand our way of life. meated the Trump administration in rorism across the world. To be clear, the vote on S.J. Res. 54 Following his trip to our military in- which the United States is somehow is not about the totality of the U.S.- stallations and equities in Kansas, I dependent on the Kingdom of Saudi Saudi relationship; it is a vote about was grateful to learn of his impressions Arabia for regional stability and secu- whether U.S. support for the Saudi-led at each stop along the way. Like many rity cooperation. It is a view perhaps coalition’s actions in Yemen are in our in the military who visit our State, best articulated by the President’s own national interests. Mark returned to Washington, DC, unhinged pre-Thanksgiving statement We do indeed have important secu- with an appreciation for the quality of in which he suggested that selling rity interests with the Saudis. Both of life that Kansans ensure that their weapons to the Saudis was more impor- our nations benefit from cooperation in servicemembers have in our State. We tant than America’s enduring commit- confronting threatening forces. Yet we take care of their families. I appreciate ment to human rights, democratic val- cannot sweep under the rug the callous Mark’s noticing that, and it is so true. ues, and international norms, or the disregard for human life and the fla- Over the past year, I have contin- President and Secretary Pompeo’s con- grant violations of international norms ually been impressed by Mark’s leader- tinued, incredulous insistence that we the Saudis have shown. That is why, as ship. At every opportunity, he has still don’t know whether the Crown ranking member of the Senate Foreign proven himself to be an important and Prince is directly responsible for the Relations Committee, I continue to fully integrated member of our office, murder of Jamal Khashoggi. look for the opportunity to continue to our team, and has carried that with Desperate to justify this myopic examine components of the U.S.-Saudi equal weight and responsibility with view, Trump officials whimper that relationship and determine whether my personal staff. His seamless com- Saudi Arabia’s military operations in that relationship requires a course cor- munications and his skill in tackling Yemen are the only means to ‘‘root rection. issues big and small have been a great out’’ Iranian influence and defend the Beyond Saudi Arabia, I do not want benefit to me. Mark has exceeded all of status quo of U.S. support for the any of our security partners to inter- my expectations and has demonstrated Saudi-led coalition. pret our relationship as a blank check. a commitment to excellence that has To put it another way, these morally Unfortunately, whether due to the been nothing short of outstanding. blindered and blinded individuals be- President’s possibly unconstitutional Although I am sad that he will be lieve that to advance America’s inter- financial entanglements or his family’s leaving our office at the end of the ests in the region, there is no other op- overly cozy relationship with the month, I know he will serve the Army tion than dependence on Riyadh and no Crown Prince, this administration is well next year in the budget liaison of- other way than business as usual. So putting the Saudi Government on a fice, where I am confident he will be a the United States should just stay the pedestal that stands above America’s highly effective ambassador to Con- course, resign to accept, with a so- values. They continue to extend a gress for the Army. called ‘‘vital’’ partner, a government blank check to certain players within Mark is one of the most impressive that lures a Washington Post col- the Saudi Government, no matter how military officers I have had the honor umnist—an American resident with brazen their actions, rather than mean- of knowing, and I hold him in the high- U.S. citizen children—to its consulate ingfully seeking to influence Riyadh or est regard personally and profes- in a third country with the express in- ensure that U.S. policy toward Saudi sionally. He is a significant asset to tent of eliminating his dissenting views Arabia is properly balanced and in line our country and to the U.S. Army. from public discourse in the most grue- with our strategic interests, not di- Mark represents the best that the some way possible. rected by the personal and financial Army has to offer, and I know he will I, for one, reject Secretary Pompeo’s motives of select individuals in our continue to benefit the future of our false choice. We can be tough on Ira- government. Nation. nian aggression, and we can continue This refusal to stand up for American There is no group of people I hold in our efforts to eliminate al-Qaida and values, to assert true leadership, is higher regard than those who serve our ISIS. At the same time, we can have a part of the Trump administration’s Nation, and I want to reiterate my reality-based debate on the strategic willful adherence to a misguided under- gratitude to Mark and his wife, Katie, utility of the U.S.-Saudi partnership. standing of the most effective ways to as an Army family dedicated to serving Our security interests and our values bring stability to the Middle East. It is our country. demand such a debate. an outgrowth of the President’s reck- Once again, thank you, Mark, for all I believe that we can pursue an effec- less, morally bankrupt approach to for- you have done for Kansans this year. tive strategy to counter terrorism and eign policy and a love affair with au- Thank you for being an inspiration to Iranian aggression while also demand- thoritarian strongmen. me, causing me to work harder and ing better from the U.S.-Saudi Arabia Mr. President, I hope today to frame care more. You have been a model of partnership. That means standing up some critical questions about the U.S.-

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Let’s start with taking stock of Hezbollah remains not only a part of Anti-Defamation League this Novem- actions taken by Saudi Arabia over the the Lebanese Government but, argu- ber found that Saudi Government-pub- last 2 years—the 2 years that, accord- ably, in a stronger position for rallying lished textbooks for the 2018–2019 aca- ing to Secretary Pompeo, the Trump public support behind Hariri. demic year promote incitement to ha- administration has been ‘‘rebuilding’’ The winner of this foolish plunder? tred or violence against Jews, Chris- the U.S.-Saudi partnership while we Iran. tians, women, and homosexual men. here in the ‘‘salons of Washington’’ Mr. President, that very same month As ADL CEO Jonathan Greenblatt were caterwauling about human rights. of November 2017, Crown Prince Mu- said: In June of 2017, a quartet of Arab hammad bin Salman directed the de- The United States must hold its ally Saudi countries announced a full blockade of tention of hundreds of Saudi princes Arabia to a higher standard. The U.S. cannot a fellow Gulf Cooperation Council and executives at the Ritz-Carlton in look the other way while Saudi Arabia fea- member, Qatar. The Saudi-led bloc jus- Riyadh. While this effort was spun as a tures anti-Semitic hate speech year after tified this blockade by accusing Qatar crackdown on corruption, it was clear- year in the educational material it gives its of transgressions that, while seriously ly a crackdown on the Crown Prince’s children. concerning, are not unique to Qatar or political competitors. Reports from Mr. President, let’s take stock of even to some members of the Saudi-led this dark period in the gilded prison of Saudi Arabia’s contributions to re- bloc, such as financial support for ter- the Ritz indicate that Saudi Govern- gional stability. It seems a fitting time ror. ment-directed forces tortured detain- to ask if an approach that involves bul- This blockade tosses out decades of ees and coerced them into transferring lying another U.S. regional partner, investment by Republicans and Demo- money to the government or giving up holding the Prime Minister of Lebanon cratic U.S. administrations to partner real estate and shares in companies. hostage, torturing female activists, with the entire Gulf Cooperation Coun- Now, I don’t know how they obtained business executives, and other princes, cil—Qatar included—on security chal- those resources, and I am, in no way, and carrying out a military campaign lenges ranging from Iran, al-Qaida, condoning any graft and exploitation in Yemen that will result in the death missile defense, maritime security, and in the Kingdom, but this opaque proc- of millions more civilians by year’s end cyber threats. ess—outside any semblance of the rule is an approach that is in line with U.S. Put another way, the Saudi-Qatar of law and driven purely by the will of values or priorities. dispute has translated into a lot more the Crown Prince—is not actually a Has Iran been weakened by these ac- work for our military professionals and sustainable approach to promoting tions? Is the focus still on al-Qaida and diplomats for the past year as the gulf transparency and accountability. In defeating ISIS? I don’t think so. Arabs have fought amongst each other fact, it should and did send chills down Mr. President, the President has and have interrupted critical priorities the spines of investors and American made it clear that no U.S. foreign pol- like defeating ISIS and countering Ira- companies that seek to expand com- icy objective, especially human rights, nian aggression. It has also com- mercial and economic ties in the King- is as important to him as securing tens plicated the coordination with our dom. A strong respect for the rule of of billions of imaginary dollars to cre- Arab partners on U.S. foreign policy law is an essential condition for doing ate million fantasy jobs through weap- priorities, like stabilizing Libya and business. ons sales to the Saudis. Syria, and, potentially, deeply under- So when Trump points to the value of Congress has long and well estab- mined U.S. objectives, like stability in business ties with Saudi Arabia as a lished the overseeing of the sale of the Horn of Africa. reason for not imposing consequences weapons as part of U.S. foreign policy. Who is the winner of this rift that for Khashoggi’s murder, let’s remember We have learned throughout our his- has been constructed by our Saudi-led that in the hands of the Crown Prince, tory that selling weapons is a complex partners? Iran. anyone can be shaken down, locked up, matter and that without close atten- Mr. President, in turning to Yemen, or tortured at a five-star hotel in Mu- tion to the human rights practices of the Saudis and their partners have con- hammad bin Salman’s Saudi Arabia. foreign buyers, the United States can tinued their brutal air campaign in Let’s also continue asking who exactly easily find itself in the situation that Yemen, often indiscriminately. Tens of is benefiting from potential business we are now in with Saudi Arabia. thousands of innocent Yemenis have ties. U.S. arms, today, are being used irre- died, and millions more are on the Mr. President, Secretary Pompeo sponsibly, tragically, and in possible brink of starvation. Meanwhile, Iran’s mentioned in his op-ed last week that violation of international law in the influence has increased within the the Crown Prince has ‘‘moved the deaths and injuries of tens of thou- country, and al-Qaida has taken advan- country in a reformist direction, from sands of innocent civilians, including tage of the chaos to expand its reach allowing women to drive and attend of helpless children. The United States and control of Yemeni territory. sporting events, to curbing the reli- must elevate human rights concerns in The winners of this fruitless war? gious police and calling for a return to all aspects of its foreign security as- Iran and al-Qaida. moderate Islam.’’ sistance, including arms sales. Other- Then, in November 2017, Mr. Presi- What the Secretary did not mention, wise, the abuses that result will do dent, the Prime Minister of Lebanon however, are the deeply disturbing re- more to foment the conditions of un- traveled to Saudi Arabia for what he ports that, at the same time MBS was rest and despair that are the breeding reportedly believed was to be a friendly granting Saudi women the right to ground of conflict, war, and terrorism. visit with the Saudi Crown Prince. drive, he also detained many female ac- Secretary Pompeo also suggested Instead, the Crown Prince detained tivists who were themselves calling for that if the United States in any way re- Prime Minister Saad Hariri and, on the rights of women, including their assesses its relationship with Saudi TV, forced him to resign from his posi- right to drive. Now we are hearing re- Arabia, the Kingdom will rush into tion. Let that sink in for a moment. A ports that these women are being tor- Russian arms. newly minted Crown Prince effectively tured and sexually harassed, bound to I would suggest, Mr. Secretary, that hoodwinked and intimidated a sitting iron beds, electrocuted, and beaten. most countries in the Middle East are Prime Minister into publicly resigning Is this the kind of reform that Sec- already hedging against perceptions his position. This entire stunt was re- retary Pompeo believes the United that the United States is not invested portedly intended to push back on States should endorse? in the region and that those assess- Iran’s expanding influence in the re- As for calling for a return to mod- ments are based on the President him- gion. erate Islam, the Anti-Defamation self—how else to explain Putin’s high After days of high drama and uncer- League reports that Saudi state tele- five with the Crown Prince at the G20 tainty, including a refusal by Leb- vision hosted several hour-long pro- in Argentina? Is it from the parade of anon’s President to accept the Prime grams this Ramadan that featured a gulf rulers in Russia who are doing Minister’s resignation, Hariri left preacher who called for God to destroy deals on the margins of the World Cup

VerDate Sep 11 2014 01:58 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.034 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7562 CONGRESSIONAL RECORD — SENATE December 13, 2018 earlier this year or by the announce- legislation, because I think, as conserv- dermine this important resolution and ments by several U.S. partners of talks atives have understood and as progres- tell the world that the United States of to purchase the Russian S–400 system, sives have understood, for too many America will not continue to be part of despite the prospect of congressional years, Congress has abdicated its his- the worst humanitarian disaster on the sanctions under the CAATSA law? torical and constitutional responsi- face of the Earth, that we want peace Given not just the war in Yemen but bility to be the body that determines in that region, that we want humani- also the murder of Khashoggi and the whether or not this country is at war. tarian aid in that region, and that we blockage of Qatar, I believe we need to What we have seen for a long time now don’t want any more bombs or destruc- take steps to recalibrate the future of under Democratic Presidents and under tion. the U.S.-Saudi relationship. Republican Presidents and under Thank you very much. That is why I am disappointed that Democratic Congresses and Republican the Senate Foreign Relations Com- The PRESIDING OFFICER. The Sen- Congresses is an abdication of that re- ator from Tennessee. mittee did not take up the Saudi Ara- sponsibility. I hope that today we bia Accountability and Yemen Act of begin the process of taking that back. ORDER OF PROCEDURE 2018, which is legislation that I am The war in Yemen is unauthorized. Mr. CORKER. Mr. President, we have leading, along with Senators YOUNG, There has never been a vote in Con- eight votes, two of which I think we REED, GRAHAM, SHAHEEN, COLLINS, and gress to allow our men and women to may be able to take. I hope that those others. We will continue to work on participate in that war. Therefore, that who wish to have votes may talk just a this legislation next year. It does not war is unconstitutional, and it has to little bit so that we can speed up the seek to tear down the entire Saudi-U.S. end. That is the vote that we will be process. relationship. Instead, it is carefully having this afternoon. The first vote will be 15 minutes; the calibrated to force a rebalancing in pri- Second of all, I think all Members remainder of the votes will be 10 min- orities. are aware of the unbelievable humani- utes. We will begin that process with The United States should no longer tarian crisis that now exists in Yemen. Young No. 4080. I think there is agree- be selling weapons to the Kingdom that It is the worst humanitarian crisis on ment for him to speak for 1 minute. will be used to kill women and children Earth. Unless we use the power of this in Yemen. We should, however, con- country not to help more bombs being AMENDMENT NO. 4080 tinue to support Saudi Arabia’s legiti- dropped to kill people in that country The PRESIDING OFFICER. There mate defensive needs, like intercepting but to use our power to bring the war- will now be 2 minutes of debate equally Houthi missiles coming from Yemen. ring parties together, that situation divided prior to the vote in relation to The United States should no longer will become even worse. The United Young amendment No. 4080. refuel Saudi coalition aircraft for oper- Nations and others are telling us that The Senator from Indiana. ations in Yemen, which is clearly cor- Yemen is on the brink of the worst Mr. YOUNG. Mr. President, I just related with a rise in civilian casual- famine that we have seen in a very want to thank the chairman and his ties. long time and that millions of people The United States must now take a staff for working constructively with may die. me on this amendment. I want to stand against all stakeholders in this Third, it is time for the U.S. Con- thank the Senator from Vermont and conflict that are blocking humani- gress to tell the despotic Government other Senators who have tried to do all tarian access, preventing forward of Saudi Arabia that we do not intend they can to make sure that we hold movement under the U.N. peace proc- to follow its lead in its military adven- Saudi leadership accountable over the ess, or receiving weapons from Iran. turism. Its intervention in the civil course of this and maintain our norms Our bill also ensures that Congress war in Yemen is the cause of the hu- of acceptable behavior, making sure right-sizes its oversight over this rela- manitarian disaster, as 10,000 people that our military forces are respecting tionship. The Trump administration are developing serious illnesses—chol- international humanitarian laws, that must follow the letter of the Global era and other illnesses—because the we assist our security partners, and Magnitsky Act, and it must take a water infrastructure in Yemen has firm stand in support of human rights been destroyed by Saudi attacks. that we stabilize the country of Yemen when it comes to Saudi Arabia. Right now we have the opportunity so that ISIS, al-Qaida, and Iran—the This is not caterwauling or the media to go forward in a strong bipartisan largest state sponsor of terror—cannot piling on. This is Congress doing what way. further entrench in the country and the American people elected us to do— I want to thank all of the Members of perpetuate their nefarious activity. ensure that the U.S. Government con- the Senate who gave us 60 votes yester- We wouldn’t be at this point but for ducts foreign policy in a manner that day in order to proceed and who gave a lot of leadership across the aisle. I protects the United States and the us 96 votes on what I thought was a just thank all of those involved. I ap- American people. We are not doing our sensible germaneness point of order. preciate the consideration of my col- job if foreign governments believe they Now we have a number of amend- leagues in voting for this amendment. can murder journalists and dissidents ments in front of us. Two of them, au- I yield back. with impunity and disregard inter- thored by Senator COTTON, will essen- Mr. SANDERS. I yield back my time. tially undermine everything we are national norms without damaging The PRESIDING OFFICER. The trying to accomplish. I very much hope their relationships with the United question occurs on agreeing to the that we defeat those amendments and States. amendment. Saudi Arabia has joined a sinister that we tell the world we want the Mr. WHITEHOUSE. I ask for the yeas clique, along with North Korea, Russia, United States out of Yemen. and nays. and Iran, in its assassination of Jamal I would end on a positive note. As Khashoggi. A few more weapons pur- some may know, right now in Sweden, The PRESIDING OFFICER. Is there a chases cannot buy our silence, and there are peace negotiations going on, sufficient second? they should not buy our silence. If the and, as I understand it, just yesterday, There appears to be a sufficient sec- President will not act, Congress must. a major breakthrough took place that ond. I yield the floor. allows for an exchange of some 15,000 The clerk will call the roll. Mr. SANDERS. Mr. President, I ask prisoners of war. So some progress is The legislative clerk called the roll. unanimous consent to speak. being made in bringing the warring fac- Mr. CORNYN. The following Senator The PRESIDING OFFICER. Without tions together, and there is evidence is necessarily absent: the Senator from objection, it is so ordered. that the pressure from the inter- Mr. SANDERS. Mr. President, let me national community and the U.S. Sen- North Carolina (Mr. TILLIS). congratulate Senator MENENDEZ for his ate, making it clear that we will not The PRESIDING OFFICER (Mr. leadership role in addressing this crisis continue to participate in that war, is PERDUE). Are there any other Senators in Saudi Arabia. helping the peace process. in the Chamber desiring to vote? In a few minutes, we are going to Let us go forward today and defeat The result was announced—yeas 58, begin voting on a historical piece of the amendments that are trying to un- nays 41, as follows:

VerDate Sep 11 2014 01:58 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.036 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7563 [Rollcall Vote No. 263 Leg.] States intends to honor our commit- Go ahead, Senator CORNYN. YEAS—58 ments as the leader of the free world. The PRESIDING OFFICER. The ma- Alexander Harris Nelson The PRESIDING OFFICER. Who jority whip. Baldwin Hassan Paul seeks recognition? AMENDMENTS NOS. 4090 AND 4095 Bennet Heinrich Peters The Senator from Vermont. Mr. CORNYN. Mr. President, I ask Blumenthal Heitkamp Reed Mr. SANDERS. Mr. President, I just Booker Hirono Sanders unanimous consent that my amend- want to clarify with Senator CORNYN so Brown Jones Schatz ments, Nos. 4090 and 4095, be made Cantwell Kaine Schumer there is no confusion: His amendment pending and reported by number. Cardin King Shaheen deals strictly with Israel and not re- Carper Klobuchar The PRESIDING OFFICER. Without Smith Casey Leahy gional allies; am I correct on that? objection, it is so ordered. Stabenow Cassidy Lee Mr. CORNYN. The amendment says: The clerk will report the amend- Collins Manchin Tester ‘‘Nothing in this joint resolution shall Udall ments by number. Coons Markey be construed to influence or disrupt Corker McCaskill Van Hollen The senior assistant bill clerk read as Cortez Masto Menendez Warner any military operations and coopera- follows: Donnelly Merkley Warren tion with Israel.’’ The Senator from Texas [Mr. CORNYN] pro- Duckworth Moran Whitehouse Mr. SANDERS. Thank you. poses en bloc amendments numbered 4090 and Durbin Murkowski Wyden The PRESIDING OFFICER. The Feinstein Murphy Young 4095. Gillibrand Murray question is on agreeing to amendment The amendments are as follows: No. 4096, as modified. NAYS—41 Mr. CORNYN. I ask for the yeas and AMENDMENT NO. 4090 Barrasso Gardner Perdue nays. (Purpose: To require a report assessing risks Blunt Graham Portman The PRESIDING OFFICER. Is there a posed by ceasing support operations with Boozman Grassley Risch respect to the conflict between the Saudi- Burr Hatch Roberts sufficient second? led coalition and the Houthis in Yemen) Capito Heller There appears to be a sufficient sec- Rounds At the end, add the following: Cornyn Hoeven Rubio ond. Cotton Hyde-Smith Sasse The clerk will call the roll. SEC. 2. REPORT ON RISKS POSED BY CEASING Crapo Inhofe Scott SAUDI ARABIA SUPPORT OPER- Cruz Isakson The bill clerk called the roll. ATIONS. Shelby Daines Johnson Mr. CORNYN. The following Senator Sullivan Not later than 90 days after the date of the Enzi Kennedy Thune is necessarily absent: the Senator from enactment of this joint resolution, the Presi- Ernst Kyl ILLIS dent shall submit to Congress a report as- Fischer Lankford Toomey North Carolina (Mr. T ). Flake McConnell Wicker The PRESIDING OFFICER. Are there sessing the risks posed to United States citi- any other Senators in the Chamber de- zens and the civilian population of the King- NOT VOTING—1 siring to vote? dom of Saudi Arabia and the risk of regional Tillis The result was announced—yeas 99, humanitarian crises if the United States The amendment (No. 4080) was agreed were to cease support operations with re- nays 0, as follows: spect to the conflict between the Saudi-led to. [Rollcall Vote No. 264 Leg.] coalition and the Houthis in Yemen. VOTE ON AMENDMENT NO. 4096, AS MODIFIED YEAS—99 AMENDMENT NO. 4095 The PRESIDING OFFICER. There Alexander Gardner Murphy (Purpose: To require a report assessing the will now be 2 minutes of debate, equal- Baldwin Gillibrand Murray increased risk of terrorist attacks in the ly divided, prior to a vote in relation to Barrasso Graham Nelson Bennet Grassley Paul United States if the Government of Saudi Cornyn amendment No. 4096, as modi- Blumenthal Harris Perdue Arabia were to cease Yemen-related intel- fied. Blunt Hassan Peters ligence sharing with the United States) Mr. CORNYN. Mr. President, I ask Booker Hatch Portman At the end, add the following: Boozman Heinrich Reed unanimous consent that all future SEC. 2. REPORT ON INCREASED RISK OF TER- Brown Heitkamp Risch RORIST ATTACKS TO UNITED votes in the series be 10 minutes in Burr Heller Roberts STATES FORCES ABROAD, ALLIES, length. Cantwell Hirono Rounds AND THE CONTINENTAL UNITED Capito Hoeven Rubio The PRESIDING OFFICER. Is there STATES IF SAUDI ARABIA CEASES Cardin Hyde-Smith Sanders objection? YEMEN-RELATED INTELLIGENCE Carper Inhofe Sasse SHARING WITH THE UNITED STATES. Without objection, it is so ordered. Casey Isakson Schatz Mr. CORNYN. Mr. President, the Cassidy Johnson Schumer Not later than 90 days after the date of the joint resolution before us today will Collins Jones Scott enactment of this joint resolution, the Presi- impact U.S. operations with allies be- Coons Kaine Shaheen dent shall submit to Congress a report as- Corker Kennedy Shelby yond the Saudi-led coalition; it will af- sessing the increased risk of terrorist at- Cornyn King Smith tacks on United States Armed Forces fect our relationships with allies be- Cortez Masto Klobuchar Stabenow abroad, allies, and to the continental United yond the Saudi-led coalition against Cotton Kyl Sullivan States if the Government of Saudi Arabia Crapo Lankford Tester Houthi forces in Yemen, which is lit- Cruz Leahy Thune were to cease Yemen-related intelligence erally a proxy battle against Iran. Daines Lee Toomey sharing with the United States. Members of this Chamber assert that Donnelly Manchin Udall Mr. CORNYN. Mr. President, I ask this resolution is confined to Yemen Duckworth Markey Van Hollen unanimous consent that the amend- Durbin McCaskill Warner and sends a strong message to Saudi Enzi McConnell Warren ments be considered en bloc. Arabia. I disagree with that. This reso- Ernst Menendez Whitehouse The PRESIDING OFFICER. Is there lution also sends a message to our al- Feinstein Merkley Wicker objection? lies that question the reliability of the Fischer Moran Wyden Without objection, it is so ordered. Flake Murkowski Young United States as a partner. It brings Mr. CORNYN. I appreciate the bipar- into question valuable U.S. intel- NOT VOTING—1 tisan support for the amendments and ligence-sharing operations around the Tillis hope they can be adopted by voice vote, globe, including with Israel and other The amendment (No. 4096), as modi- en bloc. regional allies, like Jordan, Japan, fied was agreed to. The PRESIDING OFFICER. Is there South Korea, and NATO. The PRESIDING OFFICER. The Sen- further debate? Further, it risks emboldening Iran ator from Tennessee. If not, the question occurs on agree- and global adversaries who intend to Mr. CORKER. Mr. President, we were ing to the amendments en bloc. fill the voids left by our absence. Rus- going to have 10-minute votes. We have The amendments (Nos. 4090 and 4095) sia and China have been actively ex- had two votes in 54 minutes. Can we were agreed to en bloc. panding their presence in the region not just vote? OK. All right. The Senator from Arkansas. and will see this as an opportunity to I think we have two rollcall votes AMENDMENTS NOS. 4097 AND 4098 fill the vacuum. left. A number of Senators are doing Mr. COTTON. Mr. President, I ask Senator INHOFE and I offer this voice votes, and then we will have the that my amendments Nos. 4097 and 4098 amendment to reassure Israel and our journalist resolution at the end, by be made pending and reported by num- regional partners that the United voice also. ber.

VerDate Sep 11 2014 02:32 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.004 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7564 CONGRESSIONAL RECORD — SENATE December 13, 2018 The PRESIDING OFFICER. Without primary cause of the humanitarian ca- Mr. COTTON. Mr. President, I ask for objection, it is so ordered. tastrophe that exists today. Eighty- the yeas and nays. The clerk will report the amend- five thousand kids under the age of 5 The PRESIDING OFFICER. Is there a ments by number. have died of starvation and disease. sufficient second? The bill clerk read as follows: This is the world’s worst cholera epi- There appears to be a sufficient sec- The Senator from Arkansas [Mr. COTTON] demic in the history of the globe. If we ond. proposes en bloc amendments numbered 4097 were to adopt this amendment, it could The clerk will call the roll. and 4098. potentially allow for continued unlim- The senior assistant bill clerk called The amendment are as follows: ited assistance for the Saudi coalition the roll. AMENDMENT NO. 4097 to continue to exacerbate that night- Mr. CORNYN. The following Senator (Purpose: To clarify that the requirement to mare. is necessarily absent: the Senator from I urge my colleagues, on a voice vote, remove United States Armed Forces does North Carolina (Mr. TILLIS). to oppose this amendment. not apply to the provision of materials and The PRESIDING OFFICER. Are there advice intended to reduce civilian casual- The PRESIDING OFFICER. Is there ties or further enable adherence to the Law no further debate? any other Senators in the Chamber de- of Armed Conflict) The question occurs on agreeing to siring to vote? On page 4, line 16, insert after ‘‘associated the amendment. The result was announced—yeas 45, forces’’ the following: ‘‘ or involved in the The amendment (No. 4097) is not nays 54, as follows: provision of materials and advice intended to agreed to. [Rollcall Vote No. 265 Leg.] reduce civilian casualties or further enable AMENDMENT NO. 4098 YEAS—45 adherence to the Law of Armed Conflict’’. The PRESIDING OFFICER. There Alexander Fischer McConnell AMENDMENT NO. 4098 will now be 2 minutes of debate equally Barrasso Flake Murkowski (Purpose: To clarify that the requirement to divided prior to a vote in relation to Blunt Gardner Perdue remove United States Armed Forces does the Cotton amendment, No. 4098. Boozman Graham Portman not apply to forces engaged in operations Burr Grassley Risch The Senator from Arkansas. Capito Hatch Roberts to support efforts to disrupt Houthi at- Mr. COTTON. Mr. President, my last tacks against locations outside of Yemen, Cassidy Heller Rounds amendment was about the law of Collins Hoeven Rubio such as ballistic missile attacks, un- armed conflict and citizens of foreign Corker Hyde-Smith Sasse manned aerial vehicle attacks, maritime Cornyn Inhofe Scott attacks against United States or inter- nations. This amendment is about our Cotton Isakson Shelby national vessels, or terrorist attacks citizens and our troops. Crapo Johnson Sullivan against civilian targets) The Houthi rebels have fired more Cruz Kennedy Thune than 100 missiles into the Arabian Pe- Enzi Kyl Toomey On page 4, line 16, insert after ‘‘associated Ernst Lankford Wicker forces,’’ the following: ‘‘or to support efforts ninsula, into the Red Sea, and into the to disrupt Houthi attacks against locations Gulf of Aden. They have used armed, NAYS—54 outside of Yemen, such as ballistic missile unmanned aerial vehicles and boats to Baldwin Hassan Nelson attacks, unmanned aerial vehicle attacks, attack in international waters. They Bennet Heinrich Paul maritime attacks against United States or have supported terrorist attacks. All of Blumenthal Heitkamp Peters Booker Hirono Reed international vessels, or terrorist attacks these things can range coastguards- against civilian targets,’’. Brown Jones Sanders men, sailors, airmen, soldiers, marines, Cantwell Kaine Schatz Mr. COTTON. Mr. President, I under- and hundreds of thousands of U.S. citi- Cardin King Schumer stand there will be 2 minutes of debate zens we have in the region. Carper Klobuchar Shaheen on amendment No. 4097. Casey Leahy Smith My amendment will simply say that Coons Lee Stabenow The PRESIDING OFFICER. The Sen- U.S. forces can engage in force protec- Cortez Masto Manchin Tester ator is correct. tion of our own troops and our own Daines Markey Udall Mr. COTTON. On amendment No. Donnelly McCaskill Van Hollen citizens in the region. I hope we can Duckworth Menendez Warner 4097, I will not ask for a recorded vote. agree that our Armed Forces should be Durbin Merkley Warren I understand opposition is enough to able to take action in self-defense of Feinstein Moran Whitehouse defeat it. I want to simply say, though, Gillibrand Murphy Wyden themselves and our citizens in the re- Harris Murray Young that the geopolitical realities here are, gion. if we withdraw our support for the coa- I yield back my time. NOT VOTING—1 lition in the Arabian Peninsula, the The PRESIDING OFFICER. The Sen- Tillis fight is not going to stop. Saudi Arabia ator from Connecticut. The amendment was rejected. and the United Arab Emirates are not Mr. MURPHY. Mr. President, once going to allow Iran to supply a rebel again, I urge rejection of this amend- The joint resolution, as amended, insurgency with missiles and UAVs and ment. If passed, it would, again, render was ordered to be engrossed for a third boats that can reach their citizens. the underlying resolution a moot reading and was read the third time. I suggest we should try to do every- point. The PRESIDING OFFICER. There thing we can to minimize civilian cas- I would make two additional argu- will now be 2 minutes of debate, equal- ualties. That is why this amendment ments against it: First, the entire ra- ly divided, prior to the vote on passage. simply says: The United States can tionale that the Saudis used for the The Senator from Vermont. provide information and material that military campaign in Yemen is to pre- Mr. SANDERS. Mr. President, we are would minimize civilian casualty and vent Houthi attacks against Saudi Ara- actually at a historic moment here in that would help those nations adhere bia. So if this was an exemption, then the U.S. Senate. I want to thank all of to the law of armed conflict. the United States could fully partici- the Senators who in a very bipartisan I regret that this amendment will pate. Second, existing law already al- way have come together to say that not pass, but I think it will be a wise lows the U.S. Commander in Chief to the United States will no longer par- course of action for U.S. policy. protect U.S. troops against an attack ticipate in the Saudi-led intervention I yield the remainder of my time. or an imminent attack, and nothing in in Yemen, which has caused the worst The PRESIDING OFFICER. The Sen- the resolution would take away the humanitarian crisis on Earth, with ator from Connecticut. Commander in Chief’s power to protect 85,000 children already starving today. Mr. MURPHY. Mr. President, I urge U.S. troops either here in the United Today, we tell the despotic regime in my colleagues to oppose this amend- States or abroad. Saudi Arabia that we will not be part ment. I understand it will be on a voice For those reasons, I would strongly of their military adventurism. Today, vote. This exemption, just like the oppose—that we object to this amend- maybe in the most profound way, 45 amendment that will follow, is so ment which, if passed, would essen- years ago, the War Powers Act was broad as to render the underlying reso- tially gut the underlying resolution. passed—45 years ago. Today, for the lution impotent. The PRESIDING OFFICER. The first time, we are going to go forward Let’s be clear. The existing conflict question occurs on agreeing to amend- utilizing that legislation and tell the the United States is supporting is the ment No. 4098. President of the United States—and

VerDate Sep 11 2014 02:32 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.041 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7565 any President, Democrat or Repub- Whereas, since March 2015, members of the President to remove United States Armed lican—that the constitutional responsi- United States Armed Forces have been intro- Forces from hostilities in or affecting the bility for making war rests with the duced into hostilities between the Saudi-led Republic of Yemen, except United States U.S. Congress, not the White House. coalition and the Houthis, including pro- Armed Forces engaged in operations directed viding to the Saudi-led coalition aerial tar- at al Qaeda or associated forces, by not later Let us pass this resolution. geting assistance, intelligence sharing, and than the date that is 30 days after the date The PRESIDING OFFICER. The Sen- mid-flight aerial refueling; of the adoption of this joint resolution (un- ator from Tennessee. Whereas the United States has established less the President requests and Congress au- Mr. CORKER. Mr. President, I yield a Joint Combined Planning Cell with Saudi thorizes a later date), and unless and until a back. Arabia, in which members of the United declaration of war or specific authorization The PRESIDING OFFICER (Mr. CAS- States Armed Forces assist in aerial tar- for such use of United States Armed Forces SIDY). The joint resolution having been geting and help to coordinate military and has been enacted. For purposes of this reso- read the third time, the question is, intelligence activities; lution, in this section, the term ‘‘hostilities’’ Shall it pass? Whereas, in December 2017, Secretary of includes in-flight refueling of non-United Mrs. STABENOW. I ask for the yeas Defense James N. Mattis stated, ‘‘We have States aircraft conducting missions as part and nays. gone in to be very—to be helpful where we of the ongoing civil war in Yemen. can in identifying how you do target anal- The PRESIDING OFFICER. Is there a SEC. 2. RULE OF CONSTRUCTION REGARDING ysis and how you make certain you hit the CONTINUED MILITARY OPERATIONS sufficient second? right thing.’’; AND COOPERATION WITH ISRAEL. There is a sufficient second. Whereas the conflict between the Saudi-led Nothing in this joint resolution shall be The clerk will call the roll. coalition and the Houthis constitutes, within construed to influence or disrupt any mili- The senior assistant legislative clerk the meaning of section 4(a) of the War Pow- tary operations and cooperation with Israel. called the roll. ers Resolution (50 U.S.C. 1543(a)), either hos- SEC. 3. REPORT ON RISKS POSED BY CEASING Mr. CORNYN. The following Senators tilities or a situation where imminent in- SAUDI ARABIA SUPPORT OPER- are necessarily absent: the Senator volvement in hostilities is clearly indicated ATIONS. Not later than 90 days after the date of the from South Carolina (Mr. GRAHAM), the by the circumstances into which United States Armed Forces have been introduced; enactment of this joint resolution, the Presi- Senator from Nevada (Mr. HELLER), dent shall submit to Congress a report as- and the Senator from North Carolina Whereas section 5(c) of the War Powers Resolution (50 U.S.C. 1544(c)) states that ‘‘at sessing the risks posed to United States citi- (Mr. TILLIS). any time that United States Armed Forces zens and the civilian population of the King- The PRESIDING OFFICER. Are there are engaged in hostilities outside the terri- dom of Saudi Arabia and the risk of regional any other Senators in the Chamber de- tory of the United States, its possessions and humanitarian crises if the United States siring to vote? territories without a declaration of war or were to cease support operations with re- The result was announced—yeas 56, specific statutory authorization, such forces spect to the conflict between the Saudi-led nays 41, as follows: shall be removed by the President if the Con- coalition and the Houthis in Yemen. [Rollcall Vote No. 266 Leg.] gress so directs’’; SEC. 4. REPORT ON INCREASED RISK OF TER- Whereas section 8(c) of the War Powers RORIST ATTACKS TO UNITED YEAS—56 Resolution (50 U.S.C. 1547(c)) defines the in- STATES FORCES ABROAD, ALLIES, Baldwin Harris Nelson troduction of United States Armed Forces to AND THE CONTINENTAL UNITED STATES IF SAUDI ARABIA CEASES Bennet Hassan Paul include ‘‘the assignment of members of such Blumenthal Heinrich Peters YEMEN-RELATED INTELLIGENCE Booker Heitkamp armed forces to command, coordinate, par- SHARING WITH THE UNITED STATES. Reed ticipate in the movement of, or accompany Brown Hirono Sanders Not later than 90 days after the date of the Cantwell Jones Schatz the regular or irregular military forces of enactment of this joint resolution, the Presi- Cardin Kaine Schumer any foreign country or government when dent shall submit to Congress a report as- Carper King Shaheen such military forces are engaged, or there sessing the increased risk of terrorist at- Casey Klobuchar Smith exists an imminent threat that such forces Collins Leahy tacks on United States Armed Forces Stabenow will become engaged, in hostilities,’’ and ac- Coons Lee abroad, allies, and to the continental United Tester Cortez Masto Manchin tivities that the United States is conducting States if the Government of Saudi Arabia Daines Markey Udall in support of the Saudi-led coalition, includ- were to cease Yemen-related intelligence Donnelly McCaskill Van Hollen ing aerial refueling and targeting assistance, sharing with the United States. Duckworth Menendez Warner fall within this definition; Durbin Merkley Warren Whereas section 1013 of the Department of The PRESIDING OFFICER. The Sen- Feinstein Moran Whitehouse State Authorization Act, Fiscal Years 1984 ator from Tennessee. Flake Murphy Wyden and 1985 (50 U.S.C. 1546a) provides that any f Gillibrand Murray Young joint resolution or bill to require the re- NAYS—41 moval of United States Armed Forces en- SUPPORTING A DIPLOMATIC SOLU- TION IN YEMEN AND CON- Alexander Fischer Perdue gaged in hostilities without a declaration of Barrasso Gardner Portman war or specific statutory authorization shall DEMNING THE MURDER OF Blunt Grassley Risch be considered in accordance with the expe- JAMAL KHASHOGGI Boozman Hatch Roberts dited procedures of section 601(b) of the Mr. CORKER. Mr. President, I ask Burr Hoeven Rounds International Security and Arms Export unanimous consent that the Senate Capito Hyde-Smith Rubio Control Act of 1976 (Public Law 94–329; 90 Cassidy Inhofe Sasse Stat. 765); and proceed to the immediate consider- Corker Isakson Scott ation of S.J. Res. 69. Cornyn Johnson Whereas no specific statutory authoriza- Shelby Cotton Kennedy tion for the use of United States Armed The PRESIDING OFFICER. The Sullivan Crapo Kyl Forces with respect to the conflict between clerk will report the joint resolution Thune Cruz Lankford Toomey the Saudi-led coalition and the Houthis in by title. Enzi McConnell Yemen has been enacted, and no provision of Ernst Murkowski Wicker The legislative clerk read as follows: law explicitly authorizes the provision of A joint resolution (S.J. Res. 69) supporting NOT VOTING—3 targeting assistance or of midair refueling a diplomatic solution in Yemen and con- Graham Heller Tillis services to warplanes of Saudi Arabia or the demning the murder of Jamal Khashoggi. United Arab Emirates that are engaged in The joint resolution (S.J. Res. 54), as such conflict: Now, therefore, be it The PRESIDING OFFICER. Is there amended, was passed, as follows: Resolved by the Senate and House of Rep- objection to proceeding to the meas- S.J. RES. 54 resentatives of the United States of America in ure? Whereas Congress has the sole power to de- Congress assembled, The Senator from New Jersey. clare war under article I, section 8, clause 11 SECTION 1. REMOVAL OF UNITED STATES ARMED Mr. MENENDEZ. Reserving the right of the United States Constitution; FORCES FROM HOSTILITIES IN THE REPUBLIC OF YEMEN THAT HAVE to object, I do not intend to object. I Whereas Congress has not declared war NOT BEEN AUTHORIZED BY CON- just want to say that on this resolu- with respect to, or provided a specific statu- GRESS. tion, there is a central reason why I am tory authorization for, the conflict between Pursuant to section 1013 of the Department not going to object. military forces led by Saudi Arabia, includ- of State Authorization Act, Fiscal Years 1984 I don’t agree with some of the lan- ing forces from the United Arab Emirates, and 1985 (50 U.S.C. 1546a) and in accordance Bahrain, Kuwait, Egypt, Jordan, Morocco, with the provisions of section 601(b) of the guage that speaks about the economic Senegal, and Sudan (the Saudi-led coalition), International Security Assistance and Arms interests we have with Saudi Arabia. I against the Houthis, also known as Ansar Export Control Act of 1976 (Public Law 94– think their behavior is more than con- Allah, in the Republic of Yemen; 329; 90 Stat. 765), Congress hereby directs the cerning, but what the distinguished

VerDate Sep 11 2014 02:32 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.044 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7566 CONGRESSIONAL RECORD — SENATE December 13, 2018 chairman on the Foreign Relations Arabia relationship, which is an essential speaks to the values we hold dear, as Committee is trying to do here at the element of regional stability: Now, there- the rest of this resolution does. core of it is the critical element. fore, be it I am glad the Senate is speaking with I am going to be supportive because Resolved by the Senate and House of Rep- one voice, unanimously, toward this of this one singular statement under resentatives of the United States of America in end. I thank the leader for accommo- Congress assembled, That the Senate— the resolved clause by the Senate and (1) believes Crown Prince Mohammed bin dating—making this happen. the House of Representatives that the Salman is responsible for the murder of I yield the floor. Senate ‘‘believes Crown Prince Moham- Jamal Khashoggi; The PRESIDING OFFICER. The ma- med bin Salman is responsible for the (2) acknowledges the United States Gov- jority leader. murder of Jamal Khashoggi.’’ ernment has sanctioned 17 Saudi individuals Mr. MCCONNELL. Mr. President, be- Regardless of all of my other con- under the Global Magnitsky Human Rights fore the chairman on Foreign Relations cerns about language, that is the cen- Accountability Act (subtitle F of title XII of Committee leaves, I want to thank him tral essence of what the chairman is Public Law 114–328; 22 U.S.C. 2656 note) for for his extraordinary leadership. This their roles in the murder; going to do. I think it is incredibly im- is a bit of a thicket here with different (3) calls for the Government of the King- points of view, but as a result of what portant for the Senate to speak on that dom of Saudi Arabia to ensure appropriate issue and, hopefully, speak with one accountability for all those responsible for the chairman has just offered, it is a voice. Jamal Khashoggi’s murder; clear, unambiguous message about how With that, I withdraw my objection. (4) calls on the Government of Saudi Ara- we feel about what happened to this The PRESIDING OFFICER. The Sen- bia to release Raif Badawi, Samar Badawi, journalist. ator from Virginia. and the Saudi women’s rights activists who I want to thank him. Mr. KAINE. Reserving the right to were arrested as political prisoners in 2018; Mr. CORKER. I thank the Senator. object, I will not object, but I stand to (5) encourages the Government of Saudi The PRESIDING OFFICER. The ma- Arabia to redouble its efforts to enact eco- jority leader. support this. nomic and social reforms; Jamal Khashoggi was a Virginia resi- (6) calls on the Government of the King- f dent. His children are American citi- dom of Saudi Arabia to respect the rights of SAVE OUR SEAS ACT OF 2018 zens and Virginia residents, and it is its citizens and moderate its increasingly er- important for the Senate to speak on ratic foreign policy; Mr. MCCONNELL. Mr. President, I this matter. (7) warns that the Government of the King- understand that the Senate has re- I withdraw the objection. dom of Saudi Arabia’s increasing purchases ceived a message from the House to ac- There being no objection, the Senate of military equipment from, and cooperation company S. 756. proceeded to consider the joint resolu- with, the Russian Federation and the Peo- The PRESIDING OFFICER. The Sen- ple’s Republic of China, challenges the ator is correct. tion. strength and integrity of the long-standing Mr. CORKER. Mr. President, I ask Mr. MCCONNELL. I ask that the military-to-military relationship between Chair lay before the Senate the mes- unanimous consent that the joint reso- the United States and the Kingdom of Saudi lution be considered read a third time. Arabia and may introduce significant na- sage to accompany S. 756. The PRESIDING OFFICER. Without tional security and economic risks to both The Presiding Officer laid before the objection, it is so ordered. parties; Senate the following message from the The joint resolution was ordered to (8) demands that all parties seek an imme- House of Representatives: be engrossed for a third reading and diate cease-fire and negotiated political solu- Resolved, That the bill from the Senate (S. was read the third time. tion to the Yemen conflict and increased hu- 756) entitled ‘‘An Act to reauthorize and manitarian assistance to the victims of the Mr. CORKER. I know of no further amend the Marine Debris Act to promote conflict; international action to reduce marine debris, debate on the resolution. (9) condemns the Government of Iran’s pro- and for other purposes.’’, do pass with an The PRESIDING OFFICER. Is there vision of advanced lethal weapons to Houthi amendment. further debate? rebels, which have perpetuated the conflict MOTION TO CONCUR Hearing none, the joint resolution and have been used indiscriminately against Mr. MCCONNELL. Mr. President, I having been read the third time, the civilian targets in Saudi Arabia, the United move to concur in the House amend- question is, Shall the joint resolution Arab Emirates, and the Bab al Mandeb wa- terway; ment with a further amendment. pass? The PRESIDING OFFICER. The The preamble was agreed to. (10) condemns Houthi rebels for egregious clerk will report the amendment. The joint resolution (S.J. Res. 69) human rights abuses, including torture, use of human shields, and interference with, and The senior assistant legislative clerk was passed as follows: diversion of, humanitarian aid shipments; read as follows: S.J. RES. 69 (11) demands that the Saudi-led coalition The Senator from Kentucky [Mr. MCCON- Whereas the ongoing civil war in Yemen and all parties to the Yemen conflict seek to NELL] moves to concur in the House amend- has exacerbated that country’s humani- minimize civilian casualties at all times; ment to S. 756 with a further amendment tarian crisis, in which nearly 12,000,000 peo- (12) supports the peace negotiations cur- numbered 4108. ple are suffering from ‘‘severe hunger,’’ ac- rently being managed by United Nations cording to the United Nations’ World Food Special Envoy Martin Griffiths and encour- Mr. MCCONNELL. I ask unanimous Programme; ages the United States Government to pro- consent that the reading be dispensed Whereas there is no military solution to vide all possible support to these diplomatic with. the conflict; efforts; The PRESIDING OFFICER. Is there Whereas the United States-Saudi Arabia (13) declares that there is no statutory au- objection? relationship is important to United States thorization for United States involvement in Without objection, it is so ordered. national security and economic interests; hostilities in the Yemen civil war; and (The amendment is printed in today’s Whereas the Government of the Kingdom (14) supports the end of air-to-air refueling RECORD under ‘‘Text of Amendments.’’) of Saudi-led coalition aircraft operating in of Saudi Arabia has, in recent years, engaged Mr. MCCONNELL. I ask for the yeas Yemen. in concerning behavior, including its conduct and nays on my amendment. in the civil war in Yemen, apparent deten- Mr. CORKER. Mr. President, I want The PRESIDING OFFICER. Is there a tion of the Prime Minister of Lebanon, un- to thank our ranking member and my dermining the unity of the Gulf Cooperation sufficient second? Council, expulsion of the Canadian ambas- friend, Senator MENENDEZ, for his tre- There appears to be a sufficient sec- sador, suppression of dissent within the mendous cooperation for many years ond. Kingdom, and the murder of Jamal but especially over this last week, and The yeas and nays were ordered. Khashoggi; Senator KAINE for coming in and sup- AMENDMENT NO. 4109 TO AMENDMENT NO. 4108 Whereas misleading statements by the porting it. Mr. MCCONNELL. Mr. President, I Government of the Kingdom of Saudi Arabia I want to reiterate what the ranking have a second-degree amendment at regarding the murder of Jamal Khashoggi member just said. The Senate has now have undermined trust and confidence in the the desk. longstanding friendship between the United unanimously said that Crown Prince The PRESIDING OFFICER. The States and the Kingdom of Saudi Arabia; and Muhammad bin Salman is responsible clerk will report. Whereas such erratic actions place unnec- for the murder of Jamal Khashoggi. The senior assistant legislative clerk essary strain on the United States-Saudi That is a strong statement. I think it read as follows:

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The Senator from Kentucky [Mr. MCCON- sentenced to a term of imprisonment of more ‘‘(lxviii) Section 111(a), relating to assault- NELL] for Mr. KENNEDY proposes an amend- than 1 year. ing, resisting, or impeding certain officers or ment numbered 4109 to amendment No. 4108. ‘‘(lxxi) Any offense that is not otherwise employees. Mr. MCCONNELL. I ask unanimous listed in this subsection for which the of- ‘‘(lxix) Any of paragraphs (2) through (6) of consent that the reading be dispensed fender is sentenced to a term of imprison- section 113(a), relating to assault with intent ment of more than 1 year, and— to commit any felony (except murder or a with. ‘‘(I) has as an element the use, attempted violation of section 2241 or 2242), assault with The PRESIDING OFFICER. Is there use, or threatened use of physical force a dangerous weapon, assault by striking, objection? against the person or property of another, or beating, or wounding, assault against a Without objection, it is so ordered. ‘‘(II) that, based on the facts of the offense, child, or assault resulting in serious bodily The amendment is as follows: involved a substantial risk that physical injury. (Purpose: To require the Director of the Bu- force against the person or property of an- ‘‘(lxx) Any offense described in section reau of Prisons to notify each victim of the other may have been used in the course of 111(5) of the Sex Offender Registration and offense for which the prisoner is impris- committing the offense. Notification Act (34 U.S.C. 20911(5)) that is oned the date on which the prisoner will be Mr. MCCONNELL. I ask that the sec- not otherwise listed in this subsection, relat- released) ond-degree amendment be divided in ing to sex offenses, for which the offender is At the appropriate place, insert the fol- sentenced to a term of imprisonment of more three parts in the form at the desk. than 1 year. lowing: The PRESIDING OFFICER. The Sen- Redesignate section 3635 of title 18, United ‘‘(lxxi) Any offense that is not otherwise States Code, as added by section 101(a) of ator has that right. listed in this subsection for which the of- this Act, as section 3636. The amendment, as divided, is as fol- fender is sentenced to a term of imprison- After section 3634 of title 18, United States lows: ment of more than 1 year, and— Code, as added by section 101(a) of this Act, (Purpose: To require the Director of the Bu- ‘‘(I) has as an element the use, attempted insert the following: reau of Prisons to notify each victim of the use, or threatened use of physical force ‘‘SEC. 3635. NOTIFICATION. offense for which the prisoner is impris- against the person or property of another, or ‘‘The Director of the Bureau of Prisons oned the date on which the prisoner will be ‘‘(II) that, based on the facts of the offense, shall— released) involved a substantial risk that physical force against the person or property of an- ‘‘(1) notify each victim of the offense for DIVISION I which the prisoner is imprisoned the date on other may have been used in the course of which the prisoner will be released or if no At the appropriate place, insert the fol- committing the offense. victim can be notified due to death or injury, lowing: CLOTURE MOTION Redesignate section 3635 of title 18, United next of kin of a victim; and Mr. MCCONNELL. Mr. President, I States Code, as added by section 101(a) of ‘‘(2) make publicly available the rearrest send a cloture motion to the desk for data of each prisoner, the offense for which this Act, as section 3636. After section 3634 of title 18, United States the motion to concur with further the prisoner is imprisoned, and any prior of- amendment. fense for which the prisoner was imprisoned, Code, as added by section 101(a) of this Act, broken down by State, of any prisoner in insert the following: The PRESIDING OFFICER. The clo- prerelease custody or supervised release ‘‘SEC. 3635. NOTIFICATION. ture motion having been presented under section 3624.’’. ‘‘The Director of the Bureau of Prisons under rule XXII, the Chair directs the In section 3624(g)(1) of title 18, as added by shall— clerk to read the motion. section 102(b)(1)(B) of this Act, add at the be- ‘‘(1) notify each victim of the offense for The senior assistant legislative clerk ginning of subparagraph (B) the following: which the prisoner is imprisoned the date on read as follows: ‘‘(B) has been certified by the warden that which the prisoner will be released or if no CLOTURE MOTION the prisoner has been determined by the war- victim can be notified due to death or injury, den to have the programmatic, security, and next of kin of a victim; and We, the undersigned Senators, in accord- reentry needs of the prisoner best met by ‘‘(2) make publicly available the rearrest ance with the provisions of rule XXII of the being placed in prerelease custody or super- data of each prisoner, the offense for which Standing Rules of the Senate, do hereby vised release, after the warden— the prisoner is imprisoned, and any prior of- move to bring to a close debate on the mo- ‘‘(i) has notified each victim of the offense fense for which the prisoner was imprisoned, tion to concur in the House amendment to S. for which the prisoner is imprisoned of such broken down by State, of any prisoner in 756, a bill to reauthorize and amend the Ma- potential placement (or, if no victim can be prerelease custody or supervised release rine Debris Act to promote international ac- notified due to death or injury, the next of under section 3624.’’. tion to reduce marine debris, and for other purposes, with a further amendment num- kin of a victim); and DIVISION II ‘‘(ii) has reviewed any statement regarding bered SA 4108. In section 3624(g)(1) of title 18, as added by such placement made by the victim or next Mitch McConnell, Mike Lee, John Cor- section 102(b)(1)(B) of this Act, add at the be- of kin of the victim, as applicable, after the nyn, Chuck Grassley, Orrin G. Hatch, ginning of subparagraph (B) the following: notification described in clause (i); and Tim Scott, Steve Daines, Jerry Moran, ‘‘(B) has been certified by the warden that In section 3632(d)(4)(D) of title 18, United Todd Young, Susan M. Collins, Pat the prisoner has been determined by the war- States Code, as added by section 101 of this Roberts, Bill Cassidy, Lamar Alex- den to have the programmatic, security, and Act, add at the end the following: ander, Lindsey Graham, Jeff Flake, reentry needs of the prisoner best met by ‘‘(lxiii) Section 2422, relating to coercion Rob Portman, Joni Ernst. being placed in prerelease custody or super- and enticement. vised release, after the warden— Mr. MCCONNELL. I ask unanimous ‘‘(lxiv) Section 249, relating to hate crimes. ‘‘(i) has notified each victim of the offense consent that the mandatory quorum ‘‘(lxv) Section 752, relating to instigating for which the prisoner is imprisoned of such call be waived. or aiding escape from Federal custody. potential placement (or, if no victim can be The PRESIDING OFFICER. Is there ‘‘(lxvi) Subsection (a) or (d) of section 2113, notified due to death or injury, the next of relating to bank robbery involving violence objection? kin of a victim); and or risk of death. Without objection, it is so ordered. ‘‘(ii) has reviewed any statement regarding ‘‘(lxvii) Section 2119(1), relating to taking a Mr. MCCONNELL. Mr. President, I such placement made by the victim or next motor vehicle (commonly referred to as suggest the absence of a quorum. of kin of the victim, as applicable, after the ‘carjacking’). notification described in clause (i); and The PRESIDING OFFICER. The ‘‘(lxviii) Section 111(a), relating to assault- clerk will call the roll. DIVISION III ing, resisting, or impeding certain officers or The legislative clerk proceeded to employees. In section 3632(d)(4)(D) of title 18, United call the roll. ‘‘(lxix) Any of paragraphs (2) through (6) of States Code, as added by section 101 of this Mr. ROBERTS. Mr. President, I ask section 113(a), relating to assault with intent Act, add at the end the following: to commit any felony (except murder or a ‘‘(lxiii) Section 2422, relating to coercion unanimous consent that the order for violation of section 2241 or 2242), assault with and enticement. the quorum call be rescinded. a dangerous weapon, assault by striking, ‘‘(lxiv) Section 249, relating to hate crimes. The PRESIDING OFFICER. Without beating, or wounding, assault against a ‘‘(lxv) Section 752, relating to instigating objection, it is so ordered. child, or assault resulting in serious bodily or aiding escape from Federal custody. AGRICULTURE IMPROVEMENT ACT OF 2018 injury. ‘‘(lxvi) Subsection (a) or (d) of section 2113, Mr. ROBERTS. Mr. President, I rise ‘‘(lxx) Any offense described in section relating to bank robbery involving violence 111(5) of the Sex Offender Registration and or risk of death. this afternoon, along with my distin- Notification Act (34 U.S.C. 20911(5)) that is ‘‘(lxvii) Section 2119(1), relating to taking a guished colleague and the ranking not otherwise listed in this subsection, relat- motor vehicle (commonly referred to as member of the Senate Agriculture, Nu- ing to sex offenses, for which the offender is ‘carjacking’). trition, and Forestry Committee, to

VerDate Sep 11 2014 03:01 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.047 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7568 CONGRESSIONAL RECORD — SENATE December 13, 2018 discuss the farm bill conference re- thank my staff members who are as sumers—many of whom may take their port—the Agriculture Improvement follows: Staff Director James Glueck, food supply for granted—families and Act of 2018. DaNita Murray, Janae Brady, Fred rural and smalltown America. I am grateful that my colleagues ap- Clark, Meghan Cline, Haley Donahue, I yield the floor. proved this measure with strong sup- Matt Erickson, Darin Guries, Chance The PRESIDING OFFICER. The Sen- port. The vote was 87 to 13 earlier this Hunley, Chu Hwang, Chelsie Keys, Sara ator from Michigan. week. I also applaud Members of the Little, Curt Mann, Andy Rezendes, Rob Ms. STABENOW. Mr. President, I House for following suit with a simi- Rosado, Wayne Stoskopf, Katherine rise to discuss a true bipartisan victory larly strong vote yesterday, and we Thomas, and Andrew Vlasaty. From along with my friend and colleague, look forward to the President signing my personal office, I thank Jackie the leader of our Senate Agriculture, the conference report into law soon. Cottrell, Amber Kirchhoefer, Will Staf- Nutrition, and Forestry Committee. I The level of support is what happens ford, Morgan Anderson, Stacy Daniels, hear a lot of people say that biparti- when the Congress works in a bipar- and Ray Price. sanship is all too rare these days, but tisan and bicameral fashion. Senator I especially thank the distinguished in our committee, it is our bread and STABENOW and I started by listening to ranking member, Senator STABENOW, butter. Specifically, I thank my partner and producers in Manhattan, KS, and then and her team, which is led by Joe friend, Chairman PAT ROBERTS. He is in Michigan. We continued to listen to Shultz and Jacqlyn Schneider. She has the only person to have written a farm stakeholders from all over the country. been a great partner throughout the bill as both the chair of the House and This is a good bill that accomplishes Senate and conference committee proc- Senate Agriculture Committees. Kan- what producers asked us to do—first we ess. There were some tough days, but sas is fortunate to have such a cham- listened; then they asked—to provide we both worked together to get the job pion, and all of American agriculture certainty and predictability for farm- done. owes him a debt of gratitude for his ers and families in our rural commu- I am also grateful to Chairman MIKE persistence, doggedness, and tenacity. nities. CONAWAY and Ranking Member COLLIN Maybe it is his Marine training, but he The 2018 farm bill meets the needs of PETERSON as well as their staff mem- never gave up on this bill even when producers across all regions and all bers on the House Agriculture Com- negotiations got tough. Maybe I could crops. It doesn’t matter what you grow, mittee. be an honorary marine. He also knows and it doesn’t matter whether you The efforts of Jessie Williams, Aman- that to do anything big, it takes a grow it in Kansas or elsewhere in this da Kelly, Bobby Mehta, Katie Salay, team approach. Thanks to his commit- country—this bill is designed to work and Micah Wortham have been invalu- ment to bipartisanship, we were able to for you. It ensures that our voluntary able to the Senate Ag Committee and achieve a real historic victory. conservation programs will keep farm- the conference process. This summer, Chairman ROBERTS and land in operation while protecting our Additionally, I thank the technical I made history by passing our Senate agricultural lands, forests, and other support from Secretary Perdue—the farm bill by 86 votes, and I am pleased natural resources. Secretary of Agriculture has been sim- to say we beat that record this week by The bill focuses on program integ- ply outstanding—as well as his staff passing the final bill by 87 votes—the rity—requiring better management to down at the U.S. Department of Agri- most ever. address challenges with fraud and culture. He has been a great and valu- One of the reasons I love my work on abuse—and commonsense investments able partner throughout this process. the Agriculture Committee is that the to strengthen our nutrition programs We are grateful for his support and the work we do truly affects everyone. to ensure the long-term success of President’s support of our Nation’s From the well-being of our children to those truly in need of assistance. We farmers, ranchers, and growers. the viability of rural America, to the make sure SNAP Employment and I also appreciate the work of the Con- health of our lakes, rivers, and Training coordinates with the private gressional Budget Office’s staff, includ- streams, to our access to the most sector to provide the skills that are ing Tiffany Arthur, Megan Carroll, abundant, most affordable, safest food needed for the jobs that are available Kathleen FitzGerald, Jennifer Gray, supply in the world, the farm bill im- in the workforce, and with trade and Jim Langley, and Robert Reese, as well pacts all of us. market uncertainty, to say the least, as of the Congressional Research Serv- I like to say it is our rural economic the bill provides certainty for our trade ice, including Val Heitshusen and Eliz- development plan for the country, and promotion and research programs. abeth Rybicki. that has been true since the very first Feeding an increasing global popu- Finally, I am grateful for the help of one in the 1930s. In the wake of the lation is not simply an agriculture the legislative counsels in the Senate: Great Depression, President Franklin challenge; it is a national security Heather Burnham, Deanna Edwards, Delano Roosevelt signed the first farm challenge. This means we need to grow Larissa Eltsefon, Christina Kennelly, bill to get agriculture and our economy more and raise more with fewer re- Heather Lowell, Mark Mazzone, and back on track. sources. That will take investments in Patrick Ryan. My apologies to all of Over the past 80 years, the role of the research, new technology, lines of cred- those folks whose names I just mis- farm bill has evolved alongside our ag- it, animal health activities, and proper pronounced. ricultural and rural economy. In the risk management. It takes the govern- The staff members have done a fan- 1970s, nutrition assistance was linked ment providing tools and then its get- tastic job, and I am pleased they are to the farm bill for the first time, ting out of the producers’ way. More members of our team. marking a major step in strengthening than 900—and counting—organizations My predecessor in this business—and the connection between our farms and that represent millions of agriculture, one of my mentors a long time ago— food. In the 1980s, we saw the first ever food, nutrition, hunger, forestry, con- was Senator Frank Carlson, of Kansas, conservation title, demonstrating the servation, rural, business, faith-based, who said there are no self-made men critical role of preserving land, water, research, and academic interests have and women in public office, that it is and wildlife while supporting working issued statements of support. your friends who make you what you farms. In the 1990s, thanks to the lead- On behalf of the taxpayer, we have are. I apply that to staff. All of the ership of my friend Senator PATRICK made tough choices and have been very people I have just mentioned represent LEAHY, we recognized evolving con- judicious with the scarce resources we a great team effort in our getting this sumer preferences through the creation have. This is a budget-neutral bill. legislation passed in such fine fashion. of the National Organic Program. Most importantly, this farm bill pro- For all of them—and especially to my There is, of course, the landmark 1996 vides our ranchers, our farmers, and fellow Senators—we are grateful for farm bill, in which then-House Chair- other rural stakeholders in Kansas and the support we have received this man ROBERTS first left his mark, tack- throughout the country with much week. Together, we have done what we ling one of the biggest challenges in needed certainty and predictability. were sent here to do—work in a bipar- farm policy—reducing the incentive for Simply put, getting this bill done has tisan, bicameral manner. This is a good farmers to plant for payments rather taken a team effort. I would like to bill for farmers, ranchers, growers, con- than for markets.

VerDate Sep 11 2014 03:01 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.051 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7569 In 2008, I was proud to author the cre- ture and high-speed internet, we help working as one team, and that is some- ation of the first-ever specialty crop revitalize rural America and grow op- thing I am very, very grateful for. title, recognizing fruit and vegetable portunities. I also thank Jessie Williams—as the growers and local food systems for the These important priorities have been chairman has said—Amanda Kelly, first time. 80 years in the making, and there are a Bobby Mehta, and everyone who In 2014, we made major reforms to number of people I would like to thank worked behind the scenes on the Ag commodity programs, streamlined our for working hard to continue the leg- Committee. conservation title, and made specialty acy of this farm bill. I also appreciate our floor staff, those crop research and clean energy pro- Of course, I want to thank my leader, in the leadership staff office who are so grams a permanent part of the farm our Democratic leader, for his leader- important, and CBO. Of course, I say bill. Each of these changes represented ship and support throughout this proc- thank you to all of the members of the a leap forward in farm and food policy ess; the majority leader, who made Agriculture, Nutrition, and Forestry and progress to broaden the farm bill sure this bill moved quickly on the Committee and their staffs. to support every corner of America and Senate floor and was an active partici- With a lot of hard work by a long list American agriculture. pant in the Agriculture Committee, as of very talented people, this Congress The momentum toward recognizing well; and, of course, my partner, Sen- has passed a strong bill that supports the diversity of our farm and food ator ROBERTS, who stayed true to our the 16 million jobs in America that de- economy has truly accelerated over the commitment to deliver a bipartisan pend on agriculture and our food econ- past 15 years. Now, in every title of the bill. omy. farm bill, you can find policies that re- I want to thank our counterparts in I look forward to the President of the flect the wide variety of things we the House, Chairman CONAWAY and United States signing this bill into law grow and how we grow them. Ranking Member PETERSON, for their as soon as possible. I am proud to say that this farm bill hard work throughout this process, and Thank you. has continued the trajectory of all of our colleagues in the House and I yield the floor. progress to diversify American agri- Senate who supported this bill with I suggest the absence of a quorum. culture. From expanded crop insurance historic votes in the House and the The PRESIDING OFFICER. The to historic assurance for urban farmers Senate. clerk will call the roll. and improved coverage options for our I also want to thank my incredible The legislative clerk proceeded to dairy farmers, this bill helps all types staff, who have worked so hard for al- call the roll. of farms, all sizes of farms, and farmers most 2 years to bring this farm bill to Ms. KLOBUCHAR. Mr. President, I in every region of the country. the finish line: my committee staff di- ask unanimous consent that the order In order to cultivate the next genera- rector, Joe Shultz and deputy staff di- for the quorum call be rescinded. tion of agriculture, we made perma- rector and policy director, Jacqlyn The PRESIDING OFFICER. Without nent investments to support veterans, Schneider, who both led this process; objection, it is so ordered. socially disadvantaged and beginning our legal team, led by our chief coun- Ms. KLOBUCHAR. Mr. President, I farmers, and we expanded agricultural sel, Mary Beth Schultz, and our fellow, first wanted to thank Senator ROBERTS market opportunities so that our farm- Ward Griffin; our amazing commodities and Senator STABENOW for their fine ers can make a living. and livestock team, Mike Schmidt and leadership on this farm bill, as well as Historic investments in organic Kyle Varner, for supporting our farm- their staffs. I had a great opportunity farming help producers tap into one of ers, with the help of farm bill veteran, to thank them. the fastest growing sectors of agri- Susan Keith, and our fellow, Riya This was something that was univer- culture. New, permanent support for Mehta; on team conservation, Ashley sally well accepted and exciting for our international trade promotion will help McKeon and Rosalyn Brumette, who State and, really, for every State in our farmers sell their products abroad. protected our land and water, with the the country—the way we got 87 votes. Streamlined, permanent investments help of USDA detailee, Lindsay White; As I noted, at home, we don’t get that for farmers markets, food hubs, and our forestry and environmental expert, many votes for a volleyball resolution. local food processing will help our Sean Babington, who preserved wildlife It really put the bill in a good place to farmers sell to their neighbors. habitat and public lands; Katie get this done. I thank them for their While we know the farm bill supports Naessens, for her work to support the leadership. our farmers, it also supports our fami- innovative future of agriculture, with I also want to thank Brian Werner lies. We protected access to food assist- the help of Dominique Warren; our from my own staff, who has long ance and said no to partisan changes rural development and energy expert, worked on these issues, as well as at that would take away food from those Kevin Bailey, for creating opportuni- home, Andy Martin and Chuck who need it most, while still working ties for our small towns; Katie Bergh, Ackman, who have done ag work for us to improve access to healthy food and who led our work on trade and food aid in Minnesota. I thank them for their improving the program’s integrity. I to help our farmers feed the world. work on this bill as well. hope the administration takes note of I would like to thank, as well, my TRIBUTE TO CLAIRE MCCASKILL this and does not try to push forward staff in my personal office: my chief of Mr. President, I am here to make with regulations that conflict with the staff, Mike VanKuiken; legislative di- some brief remarks about two of my fa- farm bill’s bipartisan approach to pro- rector, Emily Carwell; deputy chief of vorite colleagues who are leaving us. tecting food assistance. staff, Anne Stanski; my senior aide, They are both good friends of mine, We continue the farm bill’s legacy as Krystal Lattany; my communications both from the middle of the country, one of the largest investments in land director, Matt Williams; ag press sec- and both extraordinary leaders. and water conservation. This bill main- retary, Jess McCarron; and the rest of I will start with my friend, Senator tains conservation investments and re- the communications team, Miranda CLAIRE MCCASKILL. Senator MCCASKILL jects harmful provisions that would Margowsky, Nirmeen Fahmy, and Amy and I were first elected at the same jeopardize drinking water and public Phillips Bursch; my State team, led by time, so we came in together. lands. Teresa Plachetka, and our Michigan ag During our years of serving together, Instead, we focused on successful expert, Kali Fox. I have seen this strong, incredible conservation partnerships that will ac- I want to thank everyone on Senator woman stand up for the people of Mis- tually grow funding by leveraging Robert’s team, especially James souri and stand up for the people of nearly $3 billion in new private invest- Glueck and DaNita Murray, true pro- this country. ment over the next decade. fessionals who exemplified how to lead We were the only two women in our We also lift up our small towns and a farm bill conference. Senate class when we came in. One of rural communities and celebrate what We spent a lot of time together, and my first memories of CLAIRE, which oc- makes them great places to live and I say to the Senator: I know you spent curred near the beginning of our time raise a family. By making strong in- a lot of time with Joe and Jacqlyn on in the Senate, was that we were driving vestments in rural water infrastruc- our team. I think at the end, we were out of the Capitol together to go speak

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I had the honor to events. He always had his lunch bag said: What are you doing with the pink meet Betty. So whenever I would with him just in case he needed some box? watch CLAIRE take on these crimes—es- lunch—a paper bag—but then he de- He yelled back: It is the Senate pecially crimes against seniors—and cided he would treat me to his favorite spouse club event. I am going to Jim speak out about them, I would always lunch stop, Panera Bread. Webb’s wife’s baby shower. think of her mom and how her mom He also believes in a simple idea CLAIRE looked at my husband and was such an early, powerful feminist about public service; that is, you don’t said, in her typical, blunt way: That is and a woman who stood up and spoke just go where it is comfortable, you go the sexiest thing I have ever seen. truth to power. where it is uncomfortable. JOE DON- That is CLAIRE. Perhaps most of all, as I mentioned NELLY exhibits that kind of leadership We were rejoicing together in the car earlier, we saw it her work with Walter by taking on the tough issues every at that moment, as we thought we were Reed on behalf of our Nation’s vet- time he can. For JOE, that has meant witnessing a milestone in Senate erans. In addition to the work she did going to factories that have been shut spouse history but also in our own his- in calling out what was happening at down to meet with the employees or tories and in the journey of having Walter Reed, it was CLAIRE who found standing with former Indianapolis more women in the Senate. out that contracting failures had led to United Steelworkers leader Chuck CLAIRE is someone who never keeps thousands of graves at Arlington Na- Jones, who took on the President over quiet, who always speaks her mind, and tional Cemetery being unmarked or jobs at an Indiana plant that were that is so refreshing. improperly marked. being sent to Mexico. When she found out about the sub- It was CLAIRE whose legislation over- Later, at his retirement party, Chuck standard care for our veterans at Wal- hauled the IT systems at Arlington and Jones said of JOE DONNELLY’s efforts on ter Reed, she took it on. She was a ultimately held the Secretary of the behalf of the workers: He got it done freshman Senator, but she wasn’t Army accountable. and he didn’t get the fanfare, but peo- quiet, and she took it on. That was trademark CLAIRE: seeing ple benefited all the same. Her dad was a veteran, and she felt an injustice, uncovering it, speaking That is what is so special, so power- that the veterans of today deserve the out, and then never giving up until it is ful about JOE DONNELLY’s leadership. same quality care that he got. That is fixed. That is what she has done time He doesn’t always get all the attention the kind of leadership she has always and again. he deserves, but he has this incredible, shown. What is cool about CLAIRE, despite understated strength and conviction. She never backs down, especially in what I wish had not happened—that He has this great sense of humor that the face of corruption. I think a lot of she didn’t win her election—is, she is I wish everyone could see. that was because of her work as a pros- the most resilient person I know, and Mostly, he has been a champion for ecutor. We shared that in common. she will continue to serve and continue the people of his State, whether it was If there were rights that needed to be to do that work in her way. farmers when he served on the Agri- respected—great. If there were wrongs After a former political opponent culture Committee—he recently that needed to be righted, she was once accused her of being unladylike, worked with Senator STABENOW and right there. She is never afraid to she once told an Iowa audience that others to get that farm bill done— speak truth to power. By the way, in her own words, she is the traits needed to excel in leader- whether it is the work he has done in now unleashed, and I know that will ship—to speak out, be strong, take the Armed Services Committee on be- continue in a big way. charge, change the world—are traits half of our military, or whether it is Whether she is at a hearing or writ- she sees as very, very ladylike. working with our servicemembers to ing one of her famous tweets, she does CLAIRE has shown us how to be both make sure they get the mental health it in a voice that is 100 percent authen- strong and ladylike. It has been my care they need and deserve. Because of privilege to serve with her. I am so tic and 100 percent CLAIRE MCCASKILL. JOE’s convictions, his very first bill as I will never forget when she was grill- honored to call her friend, and I am ex- a Senator was the Jacob Sexton Mili- ing Wall Street executives at a Senate cited about what is to come for CLAIRE tary Suicide Prevention Act, which re- hearing for their role in the financial MCCASKILL. quired annual mental health assess- crisis, and she said: ‘‘You guys have TRIBUTE TO JOE DONNELLY ments for all servicemembers. Because less oversight than a pit boss in Las Mr. President, I am going to talk of his leadership, that legislation be- Vegas.’’ That is one example. about my friend, Senator DONNELLY— came the law of the land. He also As Missouri’s former State auditor also someone who made extraordinary teamed up with Senator YOUNG on a and as someone who worked her way contributions to his State, the State of bill to improve mental health services through school as a waitress, Senator Indiana, as well as to our country. for the law enforcement officers who MCCASKILL has always rightfully de- Indiana holds a special place in my sacrifice so much to keep our commu- manded accountability for those in po- heart. My husband, John, was born nities safe. sitions of power. there. His parents met in a ballroom JOE has stood up in the fight against We saw it again when she stood up to dance class at Ball State, of all places. the opioid epidemic, passing legislation opioid manufacturers and distributors, Our States share a lot of confusion to help ensure that nonaddictive medi- investigating suspicious shipments of because people always seem to not be cations are developed and that sub- these dangerous drugs in communities able to tell the difference between Indi- stance abuse and treatment providers across the country. anapolis and Minneapolis. There is a work in areas that have high overdose We saw it with her leadership in the difference. We share some thriving rates, like our rural communities. fight against sex assault and online sex metropolitan areas and a lot of tech JOE stood up against high rates on trafficking, where she worked to take jobs, things like that, in our two major student loans by helping our students on backpage. metropolitan areas, but we also share pay for school with our Empowering We saw it in her fight to strengthen rural areas. Student Borrowers Act. the role of independent watchdogs at Whenever I visited Indiana—and you Whenever you are lucky enough to our Federal Agencies and to expand know how much Indiana loves cars— work with JOE DONNELLY, you see his protections for whistleblowers. well, JOE DONNELLY loves driving. I heart, his effectiveness, that twinkle in We saw it every time she stood up for have been with him in South Bend, his eye, and you also see his caring American consumers, highlighting the where he went to school at Notre work that he does every single day.

VerDate Sep 11 2014 03:01 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.053 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7571 One of my funniest moments with oversight, and it has always proved its munities and their government. This JOE is I called him once when a report value. A major success of the center— small but mighty team has helped to came out that showed how much and no doubt a credit to its longevity— build productive working relationships money people have when they are in is the reach of its leadership develop- and lasting friendships between Demo- Congress, and they always have the ment programs. The center truly offers crats and Republicans, House and Sen- richest Members at the top, and you something for everyone, whether that ate staffers, and those at different keep looking down to see where you person be a student body president, a stages in their careers. The Senate and end up. I called JOE DONNELLY once and Hill intern, a veteran staffer, or a House are better because of Rex said: Guess what. We are tied. We have Member of Congress. Buffington and the Stennis Center. Our the same amount of money. One of the center’s best known pro- work product is better. Many of my JOE DONNELLY, without missing a grams is the Congressional Staff Fel- colleagues would agree, and I mention beat, said: I am sorry. I am sorry for lows Program, which counts among its in particular my friend, Senator COONS you. alumni hundreds of senior level staff- from Delaware, who served with me on In any case, that was him. ers. These chiefs of staff, staff direc- the center’s board of trustees. It is my Earlier this year, Senator DONNELLY tors, and legislative directors—rep- understanding that Senator COONS may was at a practice for the Democrats on resenting different political parties, be submitting remarks for the RECORD the congressional baseball team. He different parts of the country, and both in honor of Rex’s career. was chatting with Congressman STEVE congressional Chambers—are given the I have no doubt that retirement will SCALISE, who had been a victim of that opportunity to discuss the challenges bring more opportunities for Rex to horrific shooting at a practice the year facing Congress and how it can work serve the Starkville community and to before. When asked about the majority better for the American people. spend time with his wife, Anne, and whip’s return to the field, JOE said: It Through this important dialogue, the their two children, John Gavin and is great to see him. You know, in the program not only brings a wealth of Catherine. He certainly will not sit end, we are all brothers and sisters. talent to the table but also opens the still in retirement. I offer this unsung It is very sad to be losing one of my door to future collaboration between hero, Rex Buffington, my sincere favorite brothers here in the Senate, staffers who might otherwise never thanks for making the Stennis Center but what I know is this: JOE DONNELLY have met. what it is today, and I wish him all the will never stop. He is going to be doing Rex Buffington is also a key sup- best in his next chapter. great work. He will always do great porter of the Stennis-Montgomery As- Mr. COONS. Mr. President, today, I work, and we look forward to seeing sociation, a collaboration between the am pleased to join my colleague Sen- him again. Stennis Center and the G.V. ‘‘Sonny’’ ator WICKER in honoring Rex Thank you, Mr. President. Montgomery Foundation, named after Buffington, a friend and public servant I yield the floor. another graduate of Mississippi State I suggest the absence of a quorum. who will soon retire from the John C. The PRESIDING OFFICER. The University. The association encourages Stennis Center for Public Service clerk will call the roll. greater political participation among a Leadership, where he has served as ex- The bill clerk proceeded to call the group of MSU students of all back- ecutive director for three decades. Rex roll. grounds and academic disciplines. was present at the center’s founding Mr. WICKER. Mr. President, I ask When these students visit Washington, and has been instrumental in the devel- unanimous consent that the order for I never fail to meet with them, and I opment and success of this important the quorum call be rescinded. never fail to be impressed. legislative branch institution. He em- The PRESIDING OFFICER. Without Another of the center’s signature bodies the essence of its mission which objection, it is so ordered. events is the annual Southern Women endeavors to inspire and train new gen- Mr. WICKER. I ask unanimous con- in Political Service Conference. Since erations of leaders who seek out public sent to speak as in morning business. 1991, the conference has brought to- service. The PRESIDING OFFICER. Without gether a diverse group of women in pol- The late Senator John C. Stennis, objection, it is so ordered. itics to learn new skills and make new who founded the center, embodied this TRIBUTE TO REX BUFFINGTON connections. Rex was certainly ahead commitment to public service, not Mr. WICKER. Mr. President, I come of his time in recognizing the need to only in his relationships with his col- to the floor this afternoon to recognize bring more women to the table as im- leagues, who called him a ‘‘Senator’s Rex Buffington, who is retiring next portant policy decisions are made at Senator,’’ but to all who admired the year after 30 years as the executive di- every level of government. way he lived his life. Integrity, cour- rector of the John C. Stennis Center Rex learned firsthand from the ‘‘Sen- age, commitment to duty, and hard for Public Service Leadership. ator’s Senator,’’ as Senator Stennis work are among the core principles Mr. Buffington had a tall order to fill was known, that a good mentor can that marked his time in the Senate. in 1988 when he was named the first ex- have a profound impact on a young Given the late Senator’s focus on ecutive director of the newly created leader’s career. He created the Emerg- public service, the Stennis Center’s Stennis Center. This native of Meridian ing Leaders Program to connect senior congressional mandate became clear— had been selected by John Stennis him- congressional staff with those still to attract young people to careers in self, demonstrating the confidence the early in their careers—a nod to Sen- public service, to provide training for Senator must have had in the young ator Stennis’ legacy of lending his time leaders and future leaders in public man. After all, the center would bear and wisdom to new lawmakers. service, and to offer training and devel- Stennis’ name and would be located at In keeping with Senator Stennis’ opment opportunities for senior con- his alma mater, Mississippi State Uni- support for our Armed Forces, culmi- gressional staff, Members of Congress, versity. The center would be a living nating in his role as chairman of the and other public servants. tribute to his 41-year career in the Sen- Armed Services Committee, Rex Rex has played a vital role in helping ate, which is still one of the longest in Buffington implemented initiatives to to realize Senator Stennis’s vision. Rex our Nation’s history. recognize military leaders and give has said: Under Rex Buffington’s leadership them opportunities to speak directly The Stennis Center believes that no gov- and guidance, the Stennis Center has with Members of Congress, often on an ernment, regardless of its history and struc- fulfilled its purpose as set forth by informal basis. As part of this initia- ture, can be better than the people who Congress. The center was established tive, I was privileged to cohost a series make it work. That is why our focus is on by statute for the purpose of ‘‘pro- of meetings with Senator REED to people over policy. We are confident that if moting public service as a career bring together Members of this body we can get the best possible people in public choice’’ and providing training and and senior members of the military. service leadership, we will also get good pol- education to State and local leaders, Rex Buffington and his staff of icy. congressional staff, and students. eight—four in Starkville and four in From the creation of the Stennis As part of the legislative branch, the Washington—have encouraged young Center in 1988, Rex Buffington has com- Stennis Center is subject to annual Americans to take part in their com- mitted himself to memorializing those

VerDate Sep 11 2014 03:01 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.054 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7572 CONGRESSIONAL RECORD — SENATE December 13, 2018 ideals the late Senator Stennis em- REMEMBERING THE VICTIMS OF SANDY HOOK day, missing the loved one—for 20 of bodied. At its core, the Stennis Center ELEMENTARY those families missing a loved one who operates a unique, bipartisan develop- Mr. CASEY. Mr. President, I rise was age 6 or age 7, and for 6 other fami- ment program for 30 of the most out- today to remember those killed at lies missing an adult family member of standing high-ranking congressional Sandy Hook Elementary School in various ages. staff in the House and Senate. Best Newtown, CT, in 2012, just 6 years ago. We have a lot to do in this body, not known for the flagship Stennis Con- Tomorrow will be the anniversary of only in the next couple of days but cer- gressional Staff Fellowship Program, that horrible day, when America lost 20 tainly as we start both the new year Rex has ushered in nearly 400 senior- first graders and 6 adults in one of the and a new Congress. This scourge of vi- level congressional staff members worst mass shootings in our Nation’s olence, which has consumed our coun- through this practical, bipartisan, bi- history. try for so many years now, should be at cameral leadership development expe- Since 2012, I have kept—and I know the top of that list of priority issues we rience established in the 103rd Con- others have done similar things to re- focus on. Just think about it this way: gress. These veteran staff members mind us—one page from a newspaper on The 20 children who died at Sandy have in turn started a mentoring pro- my desk in the Russell Building. I will Hook would be in the seventh grade gram for younger congressional staff, not show all of it, but here is the top right now. As we still mourn, we must called Emerging Leaders. half of it. It is obviously yellowed from make sure that we come together to Rex sought out many other ways to 6 years. It just happens to be the Wall make sure no other family has to en- honor public service. He has been a Street Journal, dated Monday, Decem- dure a tragedy like that. strong supporter of our Nation’s mili- ber 17, 2012. At the top of the page it The shooting at Sandy Hook was a tary servicemembers. Honoring the says: Connecticut school shooting. The turning point for me as a public official late Senator Stennis’s relationship headline there just says two words: and I am sure a turning point for many Americans about what our obligation with the defense community, Rex has Shattered lives. Then it gives a photo- graph of almost every child and every is to respond to this problem. The trag- cultivated a unique civilian-military adult. They missed a few because of the edy in Connecticut fundamentally relations portfolio of programs at the timing of this. But then it has a biog- changed the way I view both our Na- Stennis Center. He was also instru- raphy of each individual killed. As I tion’s response to gun violence and my mental in establishing programs that said, 20 of them were children. own responsibility as a public official. have inspired leaders at every level— We have to remember tragedies like I believe that each of us has an obliga- from high school to newly elected this to remind ourselves of our obliga- tion to help take action, to work as Members of Congress. For example, tion—on many issues, but this is cer- Members of the U.S. Senate. I would over 300,000 high school students from tainly one of them. I wanted to start include Members of the House, of across the country annually compete by reading the names of all of those 26 course, and the executive branch. for a spot at the John C. Stennis Na- Americans who were killed on that We must continually ask ourselves a tional Student Congress. day. I will just read through them, and number of questions. One of those ques- Rex’s hard work and dedication have after reading each name I will also tions surely is, Is there nothing our Na- been integral to the success of the note the age of the individual on that tion can do to try to prevent this kind Stennis Center and to thousands of horrible day in December of 2012: of tragedy or other tragedies that we public servants who have benefited Charlotte Bacon, 6 years old; Daniel will note in a few moments? Is there from his counsel and leadership. Barden 7; Rachel D’Avino, 29; Olivia nothing we can do to prevent this? Prior to being appointed executive Engel, 6; Josephine Gay, 7; Dylan There is no law, no action, no policy director, Rex served as Senator Sten- Hockley, 6; Dawn Lafferty Hochsprung, change on which we can come together nis’s press secretary and chief spokes- 47; Madeleine Hsu, 6; Catherine Hub- to at least reduce the likelihood that person and played a major role in shap- bard, 6; Chase Kowalski, 7; Jesse Lewis, we will have another mass shooting in ing the Senator’s legislative strategy. 6; Ana Marquez-Greene, 6; James a grade school or in a lot of other He has long been active in his local Mattioli, 6; Grace McDonnell, 7; Anne places around the country? community and his church, serving in Marie Murphy, 52; Emilie Parker, 6; Some people here in Washington a variety of roles supporting youth, ad- Jack Pinto, 6; Noah Pozner, 6; Caroline seem to believe that there literally is vocating for education, and partici- Previdi, 6; Jessica Rekos, 6; Avielle nothing we can do, the most powerful pating in organizations such as Scout- Richman, 6; Lauren Rousseau, 30; Mary country in the world that has solved ing, the United Way, the Rotary Club, Sherlach, 56; Victoria Soto, 27; Ben- some big problems. We haven’t solved the Boys and Girls Club, and many jamin Wheeler, 6; and, Allison Wyatt, all of them. We have solved some pret- more. age 6. ty tough problems in this Chamber and Rex was born and raised in Meridian, Those are the 26 individuals. in the other body, the House, working MS, and graduated from Mississippi There are so many ways to express together on a number of big issues over State University with a degree in com- our sorrow and to continue mourning the years. But on this one, some people munication. He started out as a news as we did as a nation. I can’t even in Washington just throw up their reporter for the Memphis Commercial imagine what each family had to live hands and say there is nothing we can Appeal before moving to Washington to through and still lives through today, do—absolutely not a single law that we work for Senator Stennis. and how that community had to endure can pass—other than enforce existing Rex has long been a steady, thought- in that moment of horror—those days law; that that is all we can do, and we ful, and committed leader. He has dedi- of horror and mourning and sadness hope that enforcement will reduce the cated his professional life to the bipar- and all these years later. likelihood, but if it doesn’t, then we tisan work of promoting and strength- The great recording artist Bruce just have to throw up our hands. I ening the highest ideals of public serv- Springsteen, after the 9/11 attacks, don’t believe that. I don’t think many ice leadership in America and has pro- wrote a number of songs reflecting Americans believe that no matter what vided vital services and resources to upon that tragedy. One of the songs he side of the political aisle they are on. Members of Congress and their staff for wrote—at least the lyrics that I re- I believe we have an obligation to 30 years. I want to thank Rex and his member—probably capture the same take a couple of steps. The first one family for their commitment to public sentiment that we all think about ought to be easy because some of the service, and I wish them all the best in when we are thinking about that kind data tells us that it is supported by 90 the future. of a tragedy. The name of the song is percent of Americans or maybe even The PRESIDING OFFICER. The Sen- ‘‘You’re Missing,’’ and a refrain of the more than 90 percent; that is, universal ator from Pennsylvania. song goes like this: background checks. Mr. CASEY. Mr. President, I ask You’re missing, when I shut out the lights. We undertook an effort in the Senate unanimous consent to speak as in You’re missing, when I close my eyes. in 2013, in the aftermath of the Sandy morning business. You’re missing, when I see the sun rise. Hook massacre, and we made progress The PRESIDING OFFICER. Without I am sure that has been the cir- on getting bipartisan support for a uni- objection, it is so ordered. cumstance for those families every versal background check bill, but we

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Obviously, Senators can need a sustained debate and a series of I will say it again. This is a uniquely vote any way they want, but let’s have votes. It is a good time, by the way, American problem, and we have to try a debate and let’s vote on universal coming up. New year. New Congress in to solve it together. To say the status background checks. 2019. A brandnew Congress. We can quo is unacceptable is a terrible under- Is that a magic wand which will wipe start fresh by putting these issues on statement, but that is the truth. I out this problem forever? No. Back- the floor of the Senate. think people understand that. ground checks will make it less likely We need to make sure the American I know this is an issue people on both that we will have the kinds of mass people know where their legislators—in sides care very deeply about. We shootings we not only have endured as this case, Federal legislators, Members haven’t come together yet to take very a nation but have grown, unfortu- of the House and Senate—stand so they much action. If you look at the record nately, tragically accustomed to. can be held accountable. That is as on taking action on gun violence—I I believe as well—and I know there American as anything we can do in this hate to use the word, but it is true—it are plenty of people who disagree with body. is pathetic in terms of Federal action. me—that we ought to have a debate We need to do it for the children and I am still hopeful that the American and a vote on another issue: banning the staff who were killed at Sandy people will continue to demand more of military-style weapons. I know. I un- Hook Elementary School. We need to all of us—both parties, both Houses, derstand that we have, by some esti- make sure their lives are remem- and two branches of the Federal Gov- mates, double-figure millions of these bered—not just in mourning, not just ernment coming together not just to weapons already on our streets. I get in recognition of a tragedy, but are ac- mourn and to remember and to pay that, but does that mean we should tually remembered by way of our ac- tribute and to offer prayers and condo- continue down this road and have 20 tion, of taking action and doing some- lences, but to take action, to do what million and then 25 million of those thing substantial that will reduce the Americans do when we are faced with a weapons on our streets and then 30, 40, likelihood. problem—take action, just as we did 50, 60 million? Just throw up our hands We have had too many of these trage- after 9/11. We didn’t throw up our hands and say: That is all we can do; that we dies in the last couple of years. I will and say: This is just the new normal. have to have tens of millions of mili- do a partial list or a partial We said: No, we are going to take ac- tary-style weapons—weapons that be- itemization of other tragedies—not all tion to try to stop it or at least reduce long on a battlefield, not on our streets of them but just a few. We know these the likelihood. We can do the same on in our communities and our neighbor- cities by the tragedies that took place this issue of gun violence. hoods. That would be a good debate to in them: Orlando, in a nightclub; Mr. President, I yield the floor. have on that bill. Charleston, in a house of worship; I suggest the absence of a quorum. We ought to have a debate and a vote Sutherland Springs; Las Vegas; Park- The PRESIDING OFFICER. The on a limitation on magazine capacity land; Thousand Oaks; in my home clerk will call the roll. State of Pennsylvania almost 2 months so we don’t have one person who can The senior assistant legislative clerk ago now at the Tree of Life synagogue spray hundreds of bullets in a matter proceeded to call the roll. in Pittsburgh, where the killer came of moments. Is there nothing we can do Mr. PORTMAN. Mr. President, I ask into another house of worship on a Sat- about that? unanimous consent that the order for The greatest country in the world urday morning and gunned down people the quorum call be rescinded. can’t do anything about these issues, who range in age, in that cir- The PRESIDING OFFICER. Without these votes? cumstance—not children but range in objection, it is so ordered. How about preventing people on the age from midfifties all the way to late terrorist watch list from getting their eighties, early nineties, in age—11 peo- OPIOID EPIDEMIC hands on a firearm? We made a deter- ple. Mr. PORTMAN. Mr. President, this mination after 9/11 that we were going Whether it is Sandy Hook Elemen- evening, I want to talk a little about to take certain steps—even against po- tary School or the Tree of Life syna- the nexus of high prescription drug litical pressure not to take certain gogue or a lot of places in between— costs and the opioid epidemic that has steps—to protect our Nation from ter- and I am mentioning just the ones gripped my State and our country—the rorists. One of them was, if you are a since 2006, roughly; there were plenty No. 1 public health crisis in America terrorist, we are going to do everything before that—we have to not just re- today. It is a story of greed, frankly, we can to prevent you from getting on member but take action. and it is a story of the need for some an airplane, or if we have a reasonable In 2018—just 1 year not yet com- fixes here in Congress to keep it from suspicion that you are a terrorist, we pleted—so far in 2018, there have been happening again. are going to try to prevent you from 13,743 gun deaths and 26,581 injuries. With regard to the opioid crisis, I being on an airplane so we don’t have This is a uniquely American problem. think the degree that this is affecting another 9/11. It doesn’t happen around the world; it our communities is well documented. The same country that did that, so is happening here. That is yet another Some 72,000 Americans died last year of far, because of inaction by the Con- reason for the American people to de- overdoses from drugs. This is the high gress over many years, allows that mand that we do our job in the Senate, water mark for our country. It is a same individual who is too dangerous— in the House, and in the executive grim statistic. More than two-thirds of we have deemed them too dangerous— branch. If it is a uniquely American those overdose deaths involve what is to get on an airplane, to get a firearm problem, Americans should try to solve called opioids. This would be heroin, because we haven’t yet plugged that it or at least get on the road to solving prescription drugs, and pain killers, loophole. We have tried a couple of it. and also the new synthetic opioids—the times but not nearly enough. I hope we would have a measure of fentanyl, which is responsible for most Let’s at least have a debate on a few satisfaction if we pass just one bill in of those opioid deaths. of these issues and have up-or-down 2019. Even if nothing else happens for I think we have made good progress votes. If you want to vote against years, maybe 25 years from now, we over the past couple of years here in them, fine, but let’s not pretend that could prevent one school shooting, pre- Congress in passing new legislation to we are dealing with an issue when we vent just one shooting in a synagogue help to address this problem—new in- don’t even have a debate and don’t where 11 people lose their lives in a novative ways to get people into treat- even have votes. It doesn’t make a lot house of worship, prevent a school or ment and longer term recovery, which

VerDate Sep 11 2014 03:01 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.057 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7574 CONGRESSIONAL RECORD — SENATE December 13, 2018 we know works well in some in- it has some innovative aspects to it. A the cost regardless of what the cost stances—and also to do a better job on unit includes two auto-injectors and a was, even though it had increased 600 prevention and education. training device that provides verbal in- percent in 21⁄2 years. So I do think those numbers will structions to talk the user through So that was the concept behind this begin to turn around, but they haven’t using the product. new distribution model. It relied on a yet. They haven’t yet. We have much Before Kaleo took Evzio to the mar- portion of the prescriptions being filled more work to do. The Comprehensive ket, industry experts, who were im- by patients with commercial health Addiction and Recovery Act, which we pressed with the product, said they plans that covered Evzio at the much passed, is starting to work. The Cures should probably charge between $250 higher cost—and it worked. Act is starting to work. Most recently, and $300 for this product. Again, it is For people whose plans didn’t cover the President signed legislation to try miracle drug to reverse the effects of Evzio or who didn’t have insurance, to reduce the cost of this synthetic an overdose. They told the company Kaleo gave the drug to the patient for opioid coming into our country, mostly they could ‘‘own the market’’ at that free. In these instances, the company from China, mostly through the U.S. price of $250 to $300 a unit. incurred the roughly $52 in cost of the mail system, based on research that we Instead, the company decided on goods. It was worth it because they had done. That is called the STOP Act. charging a higher price, taking it to could get these incredibly high prices So, again, we are making some the market in October of 2014. So about from Medicare and Medicaid. progress, but these overdose death 4 years ago they took it to the market This distribution model worked, as I rates are just unbelievably high, and it for a price of $575 per unit. mentioned, when physicians deemed is a tragic situation, not just in my With sluggish sales—I think because that Evzio was medically necessary. State, which is probably top three or the price was a little higher than, Then it would cover the cost—Medicare four in the country, but throughout again, was advised—Kaleo could have and Medicaid—all the way up to $4,100 our Nation. lowered the price. Instead, the com- a unit. There is a miracle drug that can be pany went the other direction. It im- Under this new model, Evzio fill rates jumped from 39 percent to 81 percent. used to reverse the effects of an over- plemented a new distribution model So it worked. They sold more product. dose, and one reason we are beginning proposed by an outside drug pricing They made a killing, but at the ex- to see some progress in some regions of consultant—who has installed similar pense of the U.S. taxpayer and at the my State and around the country is distribution models at other pharma- expense of all of us, really. that we are getting this drug out to ceutical companies, by the way—and more first responders and others who The majority of Kaleo’s initial rev- this involves dramatically raising the enue was from Medicare and Medicaid, can, in effect, save people from an drug price. overdose. Then, of course, the trick is and the resulting cost to the taxpayer Now, let me explain this. As part of to date has been about $142 million, de- to get that person into treatment, and the distribution model, Kaleo increased not to just have these overdoses con- spite the fact that a much less costly Evzio’s price from $575 per unit in alternative was readily available. tinue to occur. That is where the more 2014—again, October 2014—to $3,750 in innovative programming is starting to You will remember that for most of February of 2016, and then to its cur- make a difference. But I guess I could this time Narcan, this other product— rent price of $4,100 in January of 2017. say that we have never in our history not Evzio but Narcan—was available So they started off a little high, had for $125 for two doses. as a country had more of a need for sluggish sales, and instead of going this miracle drug to reduce the effects, So instead of following recommenda- lower, they went from 575 bucks to to reverse the effect, of an overdose. It tions by drug pricing experts to take $4,100. That is a 600-percent increase is called naloxone, and naloxone, again, the product to market at that lower over the space of about 21⁄2 years—a is something that we are using more price, the company decided to exploit 600-percent increase in this drug that is and more, and we are saving more and this loophole in our health insurance so needed right now in our commu- more lives. market and charge this much higher I am going to talk this evening about nities. price to the American taxpayer Why did they do this? Well, according a company that exploited the opioid through Medicare and Medicaid. epidemic by dramatically increasing to company documents, the new dis- Our report from the Permanent Sub- the price of this naloxone drug by more tribution model for Evzio was designed committee on Investigations was re- than 600 percent just in the space of a to ‘‘capitalize on the opportunity of leased on the same day that 60 Minutes few years. opioid overdose at epidemic levels.’’ aired a new story on Kaleo, its prod- The Senate Permanent Sub- So, in effect, from the company’s own ucts, and why the price was so high. committee on Investigations, which I documents, they chose to capitalize or The findings of our report were used in chair alongside TOM CARPER, a Demo- exploit the opportunity of the opioid that segment to highlight Kaleo’s dis- crat from Delaware, conducted a year- epidemic—this tragic epidemic that is tribution model that transferred the long investigation—a bipartisan inves- killing more Americans than any other cost of this drug, effectively, to Amer- tigation, a really nonpartisan inves- thing right now in my home State of ican taxpayers. Now, you can see our tigation—into this naloxone issue. We Ohio and the No. 1 cause of death of report online at the Permanent Sub- were concerned about the rising cost in Americans under the age of 50 in the committee on Investigations’ website. order to find out why it was happening. entire country—72,000 is the number That PSI report and the 60 Minutes We focused on a pharmaceutical com- from last year of overdose deaths. segment were both released on Novem- pany called Kaleo and their naloxone So as part of this new model the com- ber 18. auto-injector, called Evzio. While pany worked to ensure that doctors’ of- Today, less than a month later, I am naloxone is available in generic form, fices signed the paperwork indicating very pleased to tell you that Kaleo has two branded products exist for take- that Evzio was medically necessary. publicly stated its plan to take steps home use by untrained individuals in Why is that important? toward now reducing the cost—the the case of an overdose. One is Adapt’s Well, this ensured government pro- price—of its naloxone auto-injector nasal spray, called Narcan. You may grams like Medicare and Medicaid— from the current price of $4,100 per unit have heard of that. Narcan is some- these are programs that, as you know, down to $178. thing that many first responders use we already look at every year and This is a very positive step forward, and know about. think: Gosh, how do these costs keep and I am hopeful that it will increase But the other one is this Evzio drug going up? What do we do to maintain access to Naloxone—this critically im- which is, again, the other branded these important programs? portant overdose reversal drug that has naloxone product. But they said they would increase saved so many thousands of lives al- Narcan is available at a cost of about the cost of this drug because they ready. But I am also pleased that they 125 bucks for two doses—$125 for two could get doctors to say that this was made this change because it is going to doses. medically necessary, and that meant save taxpayers a lot of money. Evzio, I thought, was an innovative that these government programs— Make no mistake. I don’t believe that product when it came out, and indeed, Medicare and Medicaid—would cover this change would have occurred but

VerDate Sep 11 2014 03:01 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.059 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7575 for our year-long investigation, the this debate. I thought it was a healthy the great recession. So he has been PSI report, and the 60 Minutes story debate. I thought it was good. People very active as a legislator. shining a light on these incredibly high offered amendments and had an oppor- He also brings an interesting perspec- drug prices. Does anybody really be- tunity to discuss their amendments tive to this place because to this day, lieve that these prices would have been and debate them in full. he will tell you he is a businessperson, lowered if not for exposing it and the I appreciate the fact that the Senate not a politician. He came up as a devel- transparency that was then able to voted by an overwhelming margin and, oper, a builder. He didn’t come up show what was happening? in fact, by unanimous consent for a through politics. He did become the So the bipartisan investigation has resolution that I think sends a very mayor of Chattanooga, and that is how produced a good result, but we need to clear signal to Saudi Arabia and to he got involved in the political world, do a lot more. other partners in the region and, frank- but he has this business approach to The report includes recommenda- ly, to the Trump administration. things around here which I think is re- tions to prevent similar situations The person who was orchestrating freshing. moving forward. Among other things, this, you may have seen him down on He also has the work ethic that the report recommends that the Cen- the floor of the Senate, is the chairman comes with somebody from the private ters for Medicare & Medicaid, or CMS, of the Senate Foreign Relations Com- sector, and that is relentless. I see it should review its policies governing mittee. His name is BOB CORKER. on display every day, but I think it has physicians’ use of medical necessity ex- Senator CORKER is leaving after this been part of BOB’S personality since he ceptions for Part D in Medicare to pre- week, assuming Congress is going to be was a kid. vent companies from inappropriately out of session this week or next week. He started his first job at age 13. influencing prescribing. That is the I think we will. He has chosen to re- That was picking up trash and bagging least they should do. tire, not to run for reelection. So come ice. He started his own construction While there are legitimate uses of January, we will have another Senator company at age 25. By the way, that the exception sometimes, we need to be from Tennessee who will be joining us, construction company later expanded sure it is not exploited, as it was in but BOB CORKER is going back into the to 18 States—17 States in addition to this case. private sector. his home State of Tennessee. Congress should also require CMS to So today I want to talk a little bit He first entered public service, not in improve transparency regarding the a glamorous job, but having been suc- about Chairman CORKER, the person total amount spent for drugs purchased you saw on the floor if you were watch- cessful in the private sector, he wanted by government healthcare programs so ing earlier. He is a friend, but he is also to give back, and he was offered an op- we can identify these problems early a very valuable Member of the U.S. portunity to help his State. He said he on and stop them. Senate. wanted to be the Finance and Adminis- To combat the underlying factors af- The reason other people aren’t on the tration department director of Ten- fecting addiction, of course, Congress floor talking about him right now is nessee. Sort of like the budget person, has to do more here. We should put in that he chose not to give a departure and he was very helpful to the Gov- place a 3-day limit, in my view, on pre- speech, which is unusual. Most Sen- ernor and to the State of Tennessee in scription pain medication for acute that role and then became mayor of ators take to the floor and give a pain—not for chronic pain, not for can- Chattanooga, his hometown. speech about their departure and their cer, but for acute pain. That would In 2006, he ran for Federal office for make a huge difference. reflections on being here and what they the first time, and that was for the By the way, it is consistent with the might do in the future, and other Mem- U.S. Senate. He quickly rose to promi- Centers for Disease Control rec- bers come and talk about them. BOB nence as someone who again had exper- ommendations requiring all States to CORKER, in his typical style, being a tise on some of the issues. That was utilize prescription monitoring pro- guy who is here for all the right rea- after the housing crisis, so he was fo- grams—another thing we should do— sons and that is not him—it is about cused on that issue—the housing mar- and we should allocate more funding others for him—said: I don’t think I am ket crash and someone who advocated for immediate overdose remedies and going to give a departure speech. for conservative principles like reining first responder training. So I don’t think I will have a chance in Federal spending and reducing the There is reason to be optimistic, as I to talk about him as I have with other U.S. deficit. said earlier, about the direction our colleagues in their presence because he In 2012, he was reelected to the Sen- country is now headed in overcoming is not going to give that speech, but I ate handily and has been chairman of the opioid epidemic. We have com- will say, he deserves to have others the Senate Foreign Relations Com- mitted ourselves here at the Federal like me talk about his record because mittee for the past 4 years. I am a Government to do more and to be bet- he has had so many accomplishments. member of that committee, so I have ter partners with State government He has been a leading voice in this had the opportunity to see his work up and local government and non-profits. body on so many important initiatives close and watched how he works pa- That is good, and I am proud of the and issues. As chairman of the Senate tiently with Republicans and Demo- work this Congress has done. Foreign Relations Committee on a crats alike and focuses not just on But the tragedy of overwhelming global stage, of course, he has been ac- sound bites and throwing out the rhet- opioid overdoses has also created this tive focusing on issues to improve the oric but on actually how do you get opportunity for companies like Kaleo U.S. image around the world. Our di- something done that helps our great to exploit or, as they said, capitalize on plomacy is something he believes in country. this public health crisis. That is wrong. and has supported. He is concerned I can tell you with certainty that It is shameful. about the U.S. role in the world. He during Chairman CORKER’s tenure be- I am proud of the investigative work wants to be sure America continues to fore the Foreign Relations Committee, we have done. I will continue to work play a leading role on things like our allies around the world have bene- in a bipartisan manner to do what we human rights, spreading democracy, fited and our adversaries have been can to reduce prescription drug prices and opening up channels of commerce. held accountable. That is his ap- and also protect taxpayer-funded pro- He has also been very involved in proach—pretty simple. grams like Medicare and Medicaid. budget issues, focusing on the debt, the He has played a key role in helping Thank you. deficit, and the problems we face in restore America’s leadership role in the TRIBUTE TO BOB CORKER this country. world, and I am pleased the work was Mr. President, today on the floor the Finally, he has been active on other accomplished, combating Russia’s con- Senate voted on legislation dealing legislative matters. One that comes to tinued aggression in Eastern Europe with Saudi Arabia; two issues, the mind is banking issues. He is on the and standing up for our friend and ally, death of journalist Khashoggi and also Banking Committee and very involved Israel, and for what we did today, send- the ongoing and tragic war in Yemen. in how to deal with Freddie Mac and ing a clear message on values. You may have seen on the floor Fannie Mae and, after the financial cri- Just recently, legislation he cham- somebody who helped to orchestrate sis, some of the issues that arose after pioned was called the BUILD Act, and

VerDate Sep 11 2014 03:01 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.060 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7576 CONGRESSIONAL RECORD — SENATE December 13, 2018 it was signed into law with the Presi- about his life experiences. He says he The bill was read the third time. dent without a lot of fanfare, but it is lived a great life, in no small part due The bill (H.R. 2606), as amended, was going to make a big difference in terms to the great country we live in. passed. of helping our country and helping not Asked how he remains always so f just our image around the world but positive, he says: Every morning, you LEECH LAKE BAND OF OJIBWE ensuring we are helping to bring other can decide to have a good day or a bad RESERVATION RESTORATION ACT countries out of poverty by using U.S. day, and for him, he says, it is not a market forces that work. It helps bring tough choice. Mr. LANKFORD. Mr. President, I ask U.S. private sector investment to low- Mr. Doug Curtis served from January unanimous consent that the Senate income countries around the world to 1944 to August 1946, starting in Little proceed to the immediate consider- reduce poverty, to grow investment. Rock, AR. He deployed overseas to the ation of Calendar No. 685, S. 2599. This is important in any context but Philippines and Japan, prepared to do The PRESIDING OFFICER. The certainly today with one of our com- whatever was needed, pledging patri- clerk will report the bill by title. The senior assistant legislative clerk petitors, China, trying to do the same otic duty to protect our country and read as follows: thing. They are using another tactic— the people he loved. not the private sector but the public A special celebration is being thrown A bill (S. 2599) to provide for the transfer of certain Federal land in the State of Min- sector. It is a perfect example of the on December 14, tomorrow in Many, nesota for the benefit of the Leech Lake kind of impact BOB CORKER has had on LA, to honor Charles and Doug. My of- Band of Ojibwe. this body. fice will present them both with Amer- There being no objection, the Senate He has built up international rela- ican flags which have flown over this proceeded to consider the bill, which tionships and has bolstered our na- Capitol Building. It is a small gesture had been reported from the Committee tional security all at once. It was a but meant to honor these two men and on Indian Affairs, with amendments, as pleasure working with him, and I wish to celebrate their service and sacrifice. follows: him all the best. I thank these great Louisiana heroes (The parts of the bill intended to be He is a restless guy, so he is going to for their service to our country, and, stricken are shown in boldface brack- end up doing something else very cre- Mr. President, I will convey your ets and the parts of the bill intended to ative with his life, I am sure, and I thanks as well. be inserted are shown in italics.) know he will enjoy spending more time I yield the floor. S. 2599 with his wife, Elizabeth, of 30 years and The PRESIDING OFFICER. The Sen- Be it enacted by the Senate and House of Rep- their two daughters and grandchildren, ator from Oklahoma. resentatives of the United States of America in but I am eager to see what BOB is going f Congress assembled, to do next. I know we will be hearing STIGLER ACT AMENDMENTS OF SECTION 1. SHORT TITLE. from him because his thirst for public This Act may be cited as the ‘‘Leech Lake service and helping others is just too 2017 Band of Ojibwe Reservation Restoration great. Mr. LANKFORD. Mr. President, I ask Act’’. So to BOB CORKER, congratulations unanimous consent that the Senate SEC. 2. LEECH LAKE BAND OF OJIBWE RESERVA- on a career of public service, and I hope proceed to the immediate consider- TION RESTORATION. (a) FINDINGS.—Congress finds that— you enjoy the next exciting chapter of ation of Calendar No. 698, H.R. 2606. (1) the Federal land described in subsection your life. The PRESIDING OFFICER. The (b)(1) was taken from members of the Leech I yield the floor. clerk will report the bill by title. Lake Band of Ojibwe during a period— The PRESIDING OFFICER (Mr. KEN- The senior assistant legislative clerk (A) beginning in 1948; NEDY). The Senator from Louisiana. read as follows: (B) during which the Bureau of Indian Af- TRIBUTE TO CHARLES DAVIS AND DOUG CURTIS A bill (H.R. 2606) to amend the Act of Au- fairs incorrectly interpreted an order of the Mr. CASSIDY. Mr. President, I rise gust 4, 1947 (commonly known as the Stigler Secretary of the Interior to mean that the to honor two people from my State and Act), with respect to restrictions applicable Department of the Interior had the author- yours who served in World War II and to Indians of the Five Civilized Tribes of ity to sell tribal allotments without the con- Oklahoma, and for other purposes. sent of a majority of the rightful land- are being celebrated in Northwest Lou- owners; and isiana—Charles Davis and Doug Curtis. There being no objection, the Senate (C) ending in 1959, when the Secretary of Both are 92 years old. proceeded to consider the bill, which the Interior was— Mr. Davis celebrates his 93rd birth- had been reported from the Committee (i) advised that sales described in subpara- day in 2 days, and so on the behalf of on Indian Affairs. graph (B) were illegal; and the Presiding Officer and certainly on Mr. LANKFORD. Mr. President, I ask (ii) ordered to cease conducting those my behalf, I wish him a happy birth- unanimous consent that the Lankford sales; day. amendment at the desk be agreed to, (2) as a result of the Federal land described These American heroes are part of and the bill, as amended, be considered in subsection (b)(1) being taken from mem- the ‘‘greatest generation.’’ read a third time and passed, and the bers of the Leech Lake Band of Ojibwe, the Leech Lake Band of Ojibwe hold the smallest Mr. Davis joined the Navy when he motion to reconsider be considered percentage of its original reservation lands was 16 years old, just after Pearl Har- made and laid upon the table with no of any Ojibwe bands in Minnesota; bor was bombed in 1941. Imagine that— intervening action or debate. ø2¿(3)(A) the applicable statute of limita- 16 years old, leaving home, volun- The PRESIDING OFFICER. Without tions prohibits individuals from pursuing teering to face a world of danger to de- objection, it is so ordered. through litigation the return of the land fend our country. The Lankford amendment (No. 4110) taken as described in paragraph (1); but He bravely served 6 years at Iwo was agreed to as follows: (B) a Federal judge ruled that the land Jima, Okinawa, Guadalcanal, Solomon (Purpose: To clarify certain provisions) could be restored to the affected individuals through the legislative process; Islands, Cape Esperance, and more. His On page 3, line 9, strike ‘‘, as of said date,’’ ø3¿(4) a comprehensive review of the Fed- courage was tested on numerous occa- and insert ‘‘, as of the date of enactment of eral land demonstrated that— the Stigler Act Amendments of 2018,’’. sions. One example was when the ship (A) øa large portion of the Federal land is At the end of the bill, add the following: on which he served was destroyed, leav- overloaded with¿ a portion of the Federal land ing him and his fellow crew members SEC. 5. RULE OF CONSTRUCTION PROVIDING FOR is encumbered by— NO RETROACTIVITY. stranded in the middle of the ocean, (i) utility easements; Nothing in this Act, or the amendments (ii) rights-of-way for roads; and with only life vests to keep them alive made by this Act, shall be construed to re- (iii) flowage and reservoir rights; and for 37 hours. Charles said he spent a lot vise or extend the restricted status of any (B) there are no known cabins, camp- of time talking to God during those lands under the Act of August 4, 1947 (61 grounds, lodges, or resorts located on any painful hours—particularly painful be- Stat. 731, chapter 458) that lost restricted portion of the Federal land; and status under such Act before the date of en- cause his brother, serving on the same ø4¿(5) on reacquisition by the Tribe of the actment of this Act. ship, did not live. Such a trying ordeal, Federal land, the Tribe— a terrible loss. The amendment was ordered to be (A) has pledged to respect the easements, When Charles talks about his life, he engrossed and the bill to be read a rights-of-way, and other rights described in speaks with humility and gratitude third time. paragraph ø3¿ (4)(A); and

VerDate Sep 11 2014 04:40 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.061 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7577 (B)(i) does not intend immediately to mod- Mr. LANKFORD. Mr. President, I ask (b) DEFINITIONS.—In this section: ify the use of the Federal land; but unanimous consent that the com- (1) FEDERAL LAND.— (ii) will keep the Federal land in tax-ex- mittee-reported amendments be agreed (A) IN GENERAL.—The term ‘‘Federal land’’ empt fee status as part of the Chippewa Na- to, and the bill, as amended, be consid- means the approximately 11,760 acres of Fed- tional Forest until the Tribe develops a plan eral land located in the Chippewa National that allows for a gradual subdivision of some ered read a third time. Forest in Cass County, Minnesota, the tracts for economic and residential develop- The PRESIDING OFFICER. Without boundaries of which shall be depicted on the ment by the Tribe. objection, it is so ordered. map, and described in the legal description, (b) DEFINITIONS.—In this section: The committee-reported amendments submitted under subsection (d)(1)(B). (1) FEDERAL LAND.— were agreed to. (B) INCLUSIONS.—The term ‘‘Federal land’’ (A) IN GENERAL.—The term ‘‘Federal land’’ The bill was ordered to be engrossed includes— means the approximately 11,760 acres of Fed- for a third reading and was read the (i) any improvement located on the Fed- eral land located in the Chippewa National third time. eral land described in subparagraph (A); and Forest in Cass County, Minnesota, the Mr. LANKFORD. Mr. President, I (ii) any appurtenance to the Federal land. boundaries of which shall be depicted on the know of no other debate on the bill, as (2) SECRETARY.—The term ‘‘Secretary’’ map, and described in the legal description, amended. means the Secretary of Agriculture. submitted under subsection (d)(1)(B). The PRESIDING OFFICER. Is there (3) TRIBE.—The term ‘‘Tribe’’ means the (B) INCLUSIONS.—The term ‘‘Federal land’’ Leech Lake Band of Ojibwe. further debate on the bill? includes— (c) TRANSFER TO RESERVATION.— (i) any improvement located on the Fed- Hearing none, the question is, Shall the bill pass? (1) IN GENERAL.—Subject to valid existing eral land described in subparagraph (A); and rights and paragraph (2), the Secretary shall (ii) any appurtenance to the Federal land. The bill (S. 2599), as amended, was transfer to the administrative jurisdiction of (2) SECRETARY.—The term ‘‘Secretary’’ passed as follows: the Secretary of the Interior all right, title, means the Secretary of Agriculture. S. 2599 and interest of the United States in and to (3) TRIBE.—The term ‘‘Tribe’’ means the Be it enacted by the Senate and House of Rep- the Federal land. Leech Lake Band of Ojibwe. resentatives of the United States of America in (2) TREATMENT.—Effective immediately on (c) TRANSFER TO RESERVATION.— Congress assembled, the transfer under paragraph (1), the Federal (1) IN GENERAL.—Subject to valid existing SECTION 1. SHORT TITLE. land shall be— rights and paragraph (2), the Secretary shall This Act may be cited as the ‘‘Leech Lake (A) held in trust by the United States for transfer to the administrative jurisdiction of Band of Ojibwe Reservation Restoration the benefit of the Tribe; and the Secretary of the Interior all right, title, Act’’. (B) considered to be a part of the reserva- and interest of the United States in and to SEC. 2. LEECH LAKE BAND OF OJIBWE RESERVA- tion of the Tribe. the Federal land. TION RESTORATION. (d) SURVEY, MAP, AND LEGAL DESCRIP- (2) TREATMENT.—Effective immediately on (a) FINDINGS.—Congress finds that— TION.— the transfer under paragraph (1), the Federal (1) the Federal land described in subsection (1) IN GENERAL.—The Secretary shall— land shall be— (b)(1) was taken from members of the Leech (A) not later than 180 days after the date of (A) held in trust by the United States for Lake Band of Ojibwe during a period— enactment of this Act, complete a plan of the benefit of the Tribe; and (A) beginning in 1948; survey to establish the boundaries of the (B) considered to be a part of the reserva- (B) during which the Bureau of Indian Af- Federal land; and tion of the Tribe. fairs incorrectly interpreted an order of the (B) as soon as practicable after the date of (d) SURVEY, MAP, AND LEGAL DESCRIP- Secretary of the Interior to mean that the enactment of this Act, submit a map and TION.— Department of the Interior had the author- legal description of the Federal land to— (1) IN GENERAL.—The Secretary shall— ity to sell tribal allotments without the con- (i) the Committee on Natural Resources of (A) not later than 180 days after the date of sent of a majority of the rightful land- the House of Representatives; and enactment of this Act, complete a plan of owners; and (ii) the Committee on Indian Affairs of the survey to establish the boundaries of the (C) ending in 1959, when the Secretary of Senate. Federal land; and the Interior was— (2) FORCE AND EFFECT.—The map and legal (B) as soon as practicable after the date of (i) advised that sales described in subpara- description submitted under paragraph (1)(B) enactment of this Act, submit a map and graph (B) were illegal; and shall have the same force and effect as if in- legal description of the Federal land to— (ii) ordered to cease conducting those cluded in this Act, except that the Secretary (i) the Committee on Natural Resources of sales; may correct any clerical or typographical the House of Representatives; and (2) as a result of the Federal land described error in the map or legal description. (ii) the Committee on Indian Affairs of the in subsection (b)(1) being taken from mem- (3) PUBLIC AVAILABILITY.—The map and Senate. bers of the Leech Lake Band of Ojibwe, the legal description submitted under paragraph (2) FORCE AND EFFECT.—The map and legal Leech Lake Band of Ojibwe hold the smallest (1)(B) shall be on file and available for public description submitted under paragraph (1)(B) percentage of its original reservation lands inspection in the office of the Secretary. shall have the same force and effect as if in- of any Ojibwe bands in Minnesota; (e) ADMINISTRATION.— cluded in this Act, except that the Secretary (3)(A) the applicable statute of limitations (1) IN GENERAL.—Except as otherwise ex- may correct any clerical or typographical prohibits individuals from pursuing through pressly provided in this section, nothing in error in the map or legal description. litigation the return of the land taken as de- this section affects any right or claim of the (3) PUBLIC AVAILABILITY.—The map and scribed in paragraph (1); but Tribe, as in existence on the date of enact- legal description submitted under paragraph (B) a Federal judge ruled that the land ment of this Act, to any land or interest in (1)(B) shall be on file and available for public could be restored to the affected individuals land. inspection in the office of the Secretary. through the legislative process; (2) PROHIBITIONS.— (e) ADMINISTRATION.— (4) a comprehensive review of the Federal (A) EXPORTS OF UNPROCESSED LOGS.—Fed- (1) IN GENERAL.—Except as otherwise ex- land demonstrated that— eral law (including regulations) relating to pressly provided in this section, nothing in (A) a portion of the Federal land is encum- the export of unprocessed logs harvested this section affects any right or claim of the bered by— from Federal land shall apply to any unproc- Tribe, as in existence on the date of enact- (i) utility easements; essed logs that are harvested from the Fed- ment of this Act, to any land or interest in (ii) rights-of-way for roads; and eral land. land. (iii) flowage and reservoir rights; and (B) NON-PERMISSIBLE USE OF LAND.—The (2) PROHIBITIONS.— (B) there are no known cabins, camp- Federal land shall not be eligible or used for (A) EXPORTS OF UNPROCESSED LOGS.—Fed- grounds, lodges, or resorts located on any any gaming activity carried out under the eral law (including regulations) relating to portion of the Federal land; and Indian Gaming Regulatory Act (25 U.S.C. the export of unprocessed logs harvested (5) on reacquisition by the Tribe of the 2701 et seq.). from Federal land shall apply to any unproc- Federal land, the Tribe— (3) FOREST MANAGEMENT.—Any commercial essed logs that are harvested from the Fed- (A) has pledged to respect the easements, forestry activity carried out on the Federal eral land. rights-of-way, and other rights described in land shall be managed in accordance with ap- (B) NON-PERMISSIBLE USE OF LAND.—The paragraph (4)(A); and plicable Federal law. Federal land shall not be eligible or used for (B)(i) does not intend immediately to mod- any gaming activity carried out under the ify the use of the Federal land; but Mr. LANKFORD. Mr. President, I ask Indian Gaming Regulatory Act (25 U.S.C. (ii) will keep the Federal land in tax-ex- unanimous consent that the motion to 2701 et seq.). empt fee status as part of the Chippewa Na- reconsider be considered made and laid (3) FOREST MANAGEMENT.—Any commercial tional Forest until the Tribe develops a plan upon the table. forestry activity carried out on the Federal that allows for a gradual subdivision of some land shall be managed in accordance with ap- tracts for economic and residential develop- The PRESIDING OFFICER. Without plicable Federal law. ment by the Tribe. objection, it is so ordered.

VerDate Sep 11 2014 03:01 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.020 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7578 CONGRESSIONAL RECORD — SENATE December 13, 2018 GILA RIVER INDIAN COMMUNITY The PRESIDING OFFICER. Without MORNING BUSINESS FEDERAL RIGHTS-OF-WAY, EASE- objection, it is so ordered. Mr. MCCONNELL. Mr. President, I MENTS AND BOUNDARY CLARI- The preamble was agreed to. ask unanimous consent that the Sen- FICATION ACT (The resolution, with its preamble, is ate be in a period of morning business, printed in the RECORD of November 27, Mr. LANKFORD. Mr. President, I ask with Senators permitted to speak 2018, under ‘‘Submitted Resolutions.’’) therein for up to 10 minutes each. unanimous consent that the Senate The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without proceed to the immediate consider- ator from Indiana. ation of Calendar No. 699, H.R. 4032. objection, it is so ordered. REMEMBERING FRED M. FEHSENFELD The PRESIDING OFFICER. The Mr. YOUNG. Mr. President, I rise in f clerk will report the bill by title. memory of Fred M. Fehsenfeld, a Hoo- S.J. RES. 54 The senior assistant legislative clerk sier, an innovator, a philanthropist, read as follows: Mr. VAN HOLLEN. Mr. President, and a true American hero. the United States must fundamentally A bill (H.R. 4032) to confirm undocumented Fred was born in Indianapolis in 1924, Federal rights-of-way or easements on the reshape our relationship with Saudi and he graduated from Shortridge High Arabia. Whether it is the catastrophic Gila River Indian Reservation, clarify the School. As a sophomore at Purdue Uni- northern boundary of the Gila River Indian war in Yemen or the brutal murder of Community’s Reservation, to take certain versity in 1942, he left school to enlist a U.S. resident, Saudi leaders believe land located in Maricopa County and Pinal in the U.S. Army Air Corps. Fred flew they can behave recklessly and crimi- County, Arizona, into trust for the benefit of 89 missions in Europe with the 354th nally without any consequences. We the Gila River Indian Community, and for Pioneer Mustang Fighter Group. He simply cannot continue business as other purposes. was awarded the Air Medal with three usual with the Kingdom, specifically There being no objection, the Senate silver clusters and a Silver Star. He with Crown Prince Mohammad bin proceeded to consider the bill. also led the 353rd fighter squadron on Salman. Mr. LANKFORD. Mr. President, I ask the last official flight in the European President Trump has enabled Crown unanimous consent that the bill be theatre, where he barrel-rolled over an Prince Mohammad bin Salman’s most considered read a third time. Austrian POW camp to signal that the egregious behavior. After our intel- Mr. KENNEDY. Without objection, it war in Europe was over. ligence community assessed that the is so ordered. After the war, Fred returned to Indi- Crown Prince was implicated in the The bill was ordered to a third read- ana and married Midge, his college murder of U.S. resident Jamal ing and was read the third time. sweetheart. He graduated from Purdue Khashoggi, Trump responded, ‘‘it could Mr. LANKFORD. I know of no fur- in 1948. The couple had seven children. very well be that the Crown Prince had ther debate on the bill. He was married to Midge for 57 years knowledge of this tragic event—maybe The PRESIDING OFFICER. Is there before she passed. In 2003, he married he did and maybe he didn’t!’’ Once further debate? Barbara, his lovely second wife. again, the President has chosen to Upon entering the workforce, Fred Hearing none, the bill having been trust the word of a brutal autocrat was operating Crystal Flash Petro- read the third time, the question is, above that of his own intelligence com- leum, which owned gas stations around Shall the bill pass? munity. Once again, Trump has cast the State of Indiana, when he decided The bill (H.R. 4032) was passed. aside our Nation’s values. Mr. LANKFORD. I ask unanimous he needed a new adventure. So, in 1960, Even more tragically, the dev- consent that the motion to reconsider Fred went to the library and taught astating and brutal war in Yemen be considered made and laid upon the himself how to manufacture asphalt. rages on, pitting the reckless Crown table. His companies literally began paving Prince against the Houthis. The Crown The PRESIDING OFFICER. Without what we in Indiana call the Crossroads Prince’s actions have driven the objection, it is so ordered. of America. Houthis even farther into the hands of Over the years, Fred gave his com- f their Iranian backers and, inadvert- pany his all. He grew The Heritage ently, strengthened Tehran’s position. COMMEMORATING THE 40TH ANNI- Group to more than 6,500 employees The result is the world’s worst humani- VERSARY OF THE INDIAN CHILD worldwide, and he tackled real-world tarian catastrophe. Tens of thousands WELFARE ACT OF 1978 problems along the way. In fact, Fred of civilians have been killed. More than is credited with creating and pro- Mr. LANKFORD. Mr. President, I ask 8 million Yemenis are on the brink of moting separate lanes for cars and unanimous consent that the Indian Af- starvation. The worst cholera outbreak trucks to save lives, reduce pollution, fairs Committee be discharged from in modern history has afflicted over 1 and alleviate congestion. His compa- further consideration and that the Sen- million people, including over 600,000 nies detoxified waste from circuit ate now proceed to S. Res. 707. children. Millions more are displaced boards and solved environmental prob- The PRESIDING OFFICER. The from their homes. As the years wear clerk will report the resolution by lems facing the steel industry. Fred asked that his tombstone sim- on, and with no end in sight, the cycle title. of desperation, destruction, and death The senior assistant legislative clerk ply read ‘‘I tried.’’ I am here to report that Fred Fehsenfeld did far more than continues unabated. read as follows: Though the administration recently try—he succeeded. Fred’s forward- A resolution (S. Res. 707) commemorating suspended aerial refueling for the thinking leadership has truly made the 40th Anniversary of the Indian Child Saudi-led coalition, it claims that mu- America a cleaner, safer, and more Welfare Act of 1978. nitions sales and targeting assistance prosperous nation. For that, I recog- There being no objection, the com- provide leverage in the conflict; yet mittee was discharged, and the Senate nize him today. Fred will be dearly missed by all who President Trump seems unable and in- proceeded to consider the resolution. loved him and all who came to know deed unwilling to use this leverage to Mr. LANKFORD. I know of no fur- him. He was a great Hoosier and a place meaningful restraints on the ther debate on the measure. great American. Saudi attacks in Yemen. The PRESIDING OFFICER. If there I yield the floor. So we must ask ourselves these ques- is no further debate, the question is on I suggest the absence of a quorum. tions: Why is the United States agreeing to the resolution. The PRESIDING OFFICER. The complicit in this endless war? Why is The resolution (S. Res. 707) was clerk will call the roll. the President providing cover for the agreed to. The legislative clerk proceeded to Saudi Crown Prince, at all costs? Fi- Mr. LANKFORD. I ask unanimous call the roll. nally, what must we do to reset this re- consent that the preamble be agreed to Mr. MCCONNELL. Mr. President, I lationship? and that the motions to reconsider be ask unanimous consent that the order I believe there are two clear, near- considered made and laid upon the for the quorum call be rescinded. term actions we must take to answer table with no intervening action or de- The PRESIDING OFFICER. Without these questions and reshape our rela- bate. objection, it is so ordered. tionship with Saudi Arabia.

VerDate Sep 11 2014 03:01 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.066 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7579 We took our first step today. In an our responsibility which I believe we survivalist. It was a pleasure to read historic moment, the U.S. Senate voted will regret. about his excursions to small, distant to suspend military support for the For these reasons, I have placed a islands with only a few key survivalist Saudi-led operations in Yemen. The ad- hold on S. 1010, and I encourage my col- tools in tow. As an Eagle Scout, I un- ministration should heed this clear sig- leagues to give serious consideration to derstand how important these skills nal and end all military support, in- the concerns I have expressed about are to have, and it is always fun to cluding supplies of U.S. spare parts and this bill. hear about others putting these crit- technical support. We must refocus our f ical skills to use and what they learn along the way. If he would like to con- efforts to help broker an end to the TRIBUTE TO JEFF FLAKE conflict. tinue participating in survivalist ad- Second, the United States must send Mr. ENZI. Mr. President, at the end ventures after leaving Congress, I a clear message to Saudi Arabia or any of each session of the Congress, we, the would be happy to recommend some other autocratic regime: We do not tol- Senate, take a moment to express our places in Wyoming that he might enjoy erate the slaughter of political dis- appreciation and acknowledge the ef- camping in for an extended period of sidents. We must hold accountable all forts of those Members who will be re- time. those responsible for murder of Jamal tiring in just a few weeks. This year, We both have a strong western heart- Khashoggi. That means we must im- one of our colleagues who will be leav- beat that we express every day in ev- pose sanctions on the Crown Prince ing is Senator JEFF FLAKE. erything we do. Diana joins in sending JEFF will be leaving us after a career himself. our best wishes to JEFF and his family The Senate’s vote today sends a clear of nearly 20 years in Congress. He has and we thank him for his hard work message to Saudi Arabia and President impressed many of us with whom he and dedication to the State of Arizona Trump: We will hold you accountable, has worked with the strength of his and this country. I appreciate his will- we will not trade away our Nation’s views and determination to fight for ingness to serve and work so hard for values, and we will not abdicate our re- those things in which he truly believes, what he believes in. He has helped en- both as a Senator and a proud husband sponsibility in decisions of peace and courage and inspire another generation to his wife Cheryl and father to his five war. S.J. Res. 54 reins in the Presi- of leaders. In that way and so many children. He has been a reliable advo- dent’s largely unencumbered war-mak- others he has made a positive dif- cate for what he sees as the best inter- ing powers and ends unconditional U.S. ference. ests of Arizona and the future of the military support for the Saudi cam- Nation. He leaves behind a legacy of f paign in Yemen without an authoriza- which he should be very proud. TRIBUTE TO BILL NELSON tion from Congress. For these reasons, JEFF was born in Snowflake, AZ. His I was proud to vote in support of this Ms. STABENOW. Mr. President, family name was well known to the today I wish to pay tribute to someone resolution. people in his neighborhood in part be- f whose passion for service is literally cause it was named for his great-great- out of this world. REGISTER OF COPYRIGHTS SELEC- grandfather, William J. Flake, an early As a payload specialist, BILL NELSON TION AND ACCOUNTABILITY ACT pioneer. His family played an impor- spent 6 days orbiting our planet aboard OF 2017 tant role in the founding and day-to- the Space Shuttle Columbia. day life of their town, and JEFF always Mr. WYDEN. Mr. President, I am When he looked down on Earth, he embodied the pioneering spirit through placing a hold on S. 1010, the Register didn’t see blue States or red States. his work in Congress. of Copyrights Selection and Account- Instead, he saw green land, blue After graduating from Brigham oceans and lakes, including some big ability Act of 2017, out of deep concern Young University with a bachelors of for the implications of this bill for the ones in Michigan, and a whole wide arts in international relations and a world worth protecting. Copyright Office and its administration master of arts in political science, he of U.S. copyright laws. The Constitu- A decade and a half later, BILL NEL- took a 2-year leave of absence to serve SON was sworn in as U.S. Senator for tion delegates to Congress the power to as a missionary for The Church of ‘‘promote the progress of science and Florida. Jesus Christ of Latter-day Saints in His previous experiences in space, as useful arts, by securing for limited South Africa. a U.S. Army captain, as a State legis- times to authors and inventors the ex- JEFF’s early career work as the exec- lator, and in the U.S. House of Rep- clusive right to their respective utive director of the Foundation for resentatives have shaped every deci- writings and discoveries.’’ Currently, Democracy in Namibia and executive sion he has made since then. the Librarian of Congress appoints the director of the Goldwater Institute I remember Senator NELSON’S swear- Register, who acts under the Librar- helped prepare him for the House of ing-in, because it was my first day, too, ian’s direction. The Librarian is Representatives. He became a strong and we have been serving together ever uniquely positioned to bring to bear voice for the political views of the peo- since. the interest of the public and concerns ple from back home. Senator NELSON has been such a around freedom of speech, scholarship, Several years later Arizona’s Senate forceful advocate for technology—no access for the disabled and other soci- seat was open and JEFF took up the surprise given his time at NASA—and etal values, as well as incentivizing challenge. The people of Arizona and for protecting consumers. creators to continue to innovate and our Nation were fortunate to have him He has fought every day to do right produce new works. to rely on for so many issues. He has by our seniors, keeping Medicare and At certain times, I have been deeply been a steady and dependable force for Social Security strong, working to concerned that rights holders have tackling difficult, complex, and occa- eliminate the Medicare Part D ‘‘donut seemed to capture the Copyright Of- sionally unpopular issues in the Senate hole,’’ and expanding access to home fice. Politicizing the appointment of while remaining respectful of his fellow healthcare. the Register and reducing the influence colleagues and loyal to Arizona. He has been a strong voice for pro- of the Librarian would only cement As a Senator, JEFF worked tirelessly tecting our environment, particularly that tendency. The voice of the public to reduce the deficit and control gov- from oil drilling, an issue close to the will always be more diffuse than those ernment spending. As chairman of the hearts of people in both Florida and with vested interest in locking up Senate Budget Committee, I sincerely Michigan. works for as long as possible. Congress appreciate his efforts and share the One of my favorite memories of Sen- must ensure that all voices are heard, same goal of reducing waste and ensur- ator NELSON actually took place in and the structure of the Copyright Of- ing the government operates effi- Michigan, during a 2016 codel. fice is integral to achieving that goal. ciently. His keen insight and attention Senator NELSON came to Michigan to Again, this is Congress’s responsibility, to these critical issues will surely be tour our Coast Guard installations as and ceding ever more power to the Ex- missed in Congress. ranking member on Commerce. ecutive, as this bill does, over matters While serving with him in the Sen- He got the full tour: Station Grand within our purview is an abdication of ate, I also learned that JEFF is an avid Haven, Air Station Detroit, Station St.

VerDate Sep 11 2014 04:40 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.021 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7580 CONGRESSIONAL RECORD — SENATE December 13, 2018 lgnace, Air Station Traverse City, and In Jordan, we saw firsthand the chal- ready. This is an all-hands-on-deck even the CGC Mackinaw. lenge of responding to the Syrian ref- nonpartisan national issue. Today, That is a heavy icebreaker that helps ugee crisis and spoke with refugees Brenda continues to share her story in keep Great Lakes channels and harbors themselves. order to educate, engage, and inspire open during the cold winter months. That is classic CLAIRE: ensuring that athletes and coaches to become in- It is something he doesn’t get a the government is doing its job while volved in the fight against sexual and chance to see very often in Florida. also watching out for the most vulner- physical violence. Well, I don’t remember exactly how able. Sexual assault on college campuses is it happened, but Senator NELSON de- Perhaps that skill has been on dis- pervasive. An estimated one in five cided to challenge a member of the play best during oversight hearings, women who attend college will be sexu- Coast Guard, who was in his 20s, to a when CLAIRE has made great use of her ally assaulted during her time there. pull-up contest. skills as a former prosecutor. Sexual assaults on campus spike by 40 If you guess that the young guy lost, I know that I wouldn’t want to be on percent when a Division I football team you would be right. the receiving end of her questioning. has a home game. That is when I decided never to settle I am going to miss working with her. When repeating those awful statis- disagreements with Senator NELSON by However, I am glad we haven’t heard tics, I hear folks grumble about their challenging him to an arm-wrestling the last of CLAIRE. accuracy or about people falsely re- contest. Just follow her Twitter account, and porting assaults. The truth is; one as- I think I speak for many of us when you will see what I mean. sault is too many. Every year in col- I say that I will miss working with Senator MCCASKILL: Thank you for lege, too many students will have their BILL. keeping government honest, protecting lives permanently changed by assault. BILL has always believed that there the most vulnerable, and always put- The reality is often worse for students is more that unites us than divides us. ting the people of Missouri first. in K–12 schools, where abused children, Perhaps that is the perspective he Most of all, thank you for always, al- like Brenda once was, may be forced to gained looking down from space. ways being a fighter. suffer in silence, as even less attention His passion for public service shines is paid to their plight. through in everything he does. f Even knowing this, we have seen the On a personal note, I would like to TRIBUTE TO BRENDA TRACY President mock survivors of sexual vio- thank him for taking such good care of Mr. WYDEN. Mr. President, today I lence on the national stage. His unac- my snowbird constituents during the wish to honor a brave and passionate ceptable words and actions reaffirm the winter months. Oregonian who is an incredible exam- dangerous notion that powerful men BILL: Thank you for your hard work, ple of a person finding bold solutions to can take—advantage of their influen- leadership, and lifetime of serving challenging problems. tial positions to abuse women. Florida and our country. I am proud to boast about my friend, We are now seeing Trump’s Secretary f Brenda Tracy, being named a Woman of Education, Betsy DeVos, move to dismantle Federal enforcement of sex- TRIBUTE TO CLAIRE MCCASKILL of Impact by Politico at its sixth an- ual violence protections. Secretary Ms. STABENOW. Mr. President, nual Women Rule Summit. Brenda Tracy survived childhood sex- DeVos has doubled down even though today I wish to pay tribute to someone ual abuse. She is also a survivor of a survivor advocates, like Brenda, agree who has spent her entire career making brutal sexual assault that happened to and have told her that these changes life better for the people of Missouri her as a young single mother in Or- would make it much harder for sexual and the people of this country. egon. Brenda reported her sexual as- assault survivors to report their as- If I had to describe Senator CLAIRE sault but she didn’t speak of it pub- saults. MCCASKILL using one word, I think I The fight against physical and sexual licly. She says that, at the time, she would choose ‘‘fighter.’’ violence is far from over. It couldn’t be was saved by the compassion of a trau- I think most Members, on both sides more clear: there is more to do to en- ma nurse who treated her with dignity. of the aisle, would agree with me. sure that fewer students experience As the first woman elected Jackson Soon, Brenda went into nursing her- sexual assaults and that more students County prosecutor, she fought for self, graduating from the Oregon feel protected and advocated for on crime victims and created some of the Health and Science University. campus. Like I said before, even one as- first drug courts and domestic violence After 16 years of silence, Brenda cou- sault is too many. Until our society units in the country. rageously decided, in 2014, to share her steps up and accepts this as a fact, we As State auditor, she fought to en- sexual assault survival story publicly. have work to do. sure that the State of Missouri spent Going public has exposed her to harsh Brenda said to me earlier this week taxpayer dollars wisely. judgments, disbelief, unwanted pub- that she can’t wait to talk to her 10– During her 12 years representing Mis- licity, and harassment. month-old granddaughter about going souri in the Senate, she has fought But since 2014, Brenda’s story of sur- to college. She said she can’t wait for every day to keep government account- vival also has positively reverberated her granddaughter to say, ‘‘Wow, able, protect consumers, strengthen across the entire country, sparking Grandma. Things were really that bad? our national security, and expand ac- productive conversations and genuine They are so much better now.’’ cess to healthcare. reforms along the way. This really struck me because Bren- I have been especially honored to In 2016, Brenda began traveling the da’s unfailing optimism and candor are partner with her on this last goal. country to speak to high school and what will change the norms around We worked together to make sure college athletic departments. As the sexual violence. Her courage in sharing that pharmacists can tell their pa- founder of ‘‘Set the Expectation,’’ she her story is inspiring, and I know I join tients the lowest price at the pharmacy has spoken to nearly 100 college ath- folks from around the country in say- counter and to protect Americans from letic programs and several high ing: Congratulations, Brenda, and junk insurance plans. schools, setting the expectation with thank you! We have fought to keep American thousands of athletes that physical as- f manufacturers competitive and to end sault and sexual violence are never unfair trade practices that hurt our okay. TRIBUTE TO CAPTAIN DEMETRIUS companies and our workers. Set the Expectation is combating KEISHUN ‘‘D.K.’’ MORRIS I have been inspired by her work to sexual and physical violence by di- Mr. CARDIN. Mr. President, today I end sexual violence, particularly in our rectly engaging with men, who per- would like to take a moment to thank military, and to ensure that families petrate 9 in 10 instances of domestic vi- U.S. Army CPT Demetrius Keishun affected by the opioid crisis get the olence and sexual assault. Morris, an extraordinary man who has help they need to recover. Brenda says her efforts are geared to- contributed to my office through the I will always remember the trip we ward men because, if women could stop Army Congressional Fellowship Pro- took together to the Middle East. sexual violence, they would have al- gram. Captain Morris, known as

VerDate Sep 11 2014 04:40 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.024 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7581 ‘‘D.K.’’, has been exceptional to work later, West Virginia University, where Darren was one of the first people I with over the last year. My staff and I he earned his bachelor of science de- hired after being sworn in as Senator have benefited enormously from D.K.’s gree in sports management in 1990. He in January of 2015. He began his career knowledge and expertise on U.S. na- joined the Army ROTC program at at the front desk in my office, answer- tional security and Armed Services West Virginia University in 1988 and ing phones. Through hard work and policy. began his military service upon grad- dedication, Darren worked his way up D.K. draws upon nearly two decades uation, commissioning in 1990. to legislative assistant, handling cy- of service, which includes deployments In 2009, Greg joined my office in the bersecurity, Veterans Affairs, foreign to Iraq, Afghanistan, and Qatar. D.K. House of Representatives as a defense affairs, telecommunication, and home- enlisted in the Army in 2000 and was fellow, where he served alongside my land security issues for my office. commissioned as an officer in 2010. As staff for the year. His expertise, assist- Darren has played an instrumental role an officer, D.K. distinguished himself ance, and advice were invaluable to the in my office by providing insight and by serving at the battalion, brigade, team, and our office, as well as all Hoo- guidance into these issues. and division levels while operating in siers, greatly benefitted from his work. Darren has been a dedicated and combined, joint, and partnered envi- After his service in my office, Colonel faithful public servant during his time ronments. Before D.K. joined my office, Scheidhauer became a legislative liai- spent here in the Senate. I extend my he served as the commander of the son for the Office of the Chief of Army sincere thanks and appreciation to Headquarters and Headquarters Bat- Reserve at Fort Belvoir. Darren for the fine work he has done. I tery of the 32nd Army Air and Missile In 2010, Greg deployed to Iraq and wish him and his wife Reagan well as Defense Command at Fort Bliss, TX. served as the director of logistics for they take on life’s new challenges to- At each post and here in the Senate, the Joint Forces Special Operations gether. As he continues his career of D.K. has served with distinction. Component Command-Iraq, JSOCC-I, public service, he bears the esteem of a D.K. has always been one to go above during Operation Iraq Freedom and Op- grateful State and my utmost grati- and beyond because it is just part of eration New Dawn. He worked to en- tude for a job well done. his nature. He graduated from George sure the U.S. Special Operations Forces f Washington University in 2008 with a servicemembers throughout Iraq had bachelor of science in health sciences ADDITIONAL STATEMENTS the supplies and equipment they need- while earning a place on the dean’s list. ed for counterterrorism operations and His education also includes a master of training. Upon his return, he was se- TRIBUTE TO COLONEL MATTHEW arts in intelligence studies with honors lected to serve as a congressional budg- J. BURGER from American Military University and et liaison in the Army’s Congressional a master of professional studies degree ∑ Mr. GRASSLEY. Mr. President, Budget Office. in legislative affairs from George today I wish to congratulate Col. Mat- Greg’s hard work in that role led to Washington University. D.K. is also a thew J. Burger on his promotion to his being named the Chief of the Army graduate of the Military Intelligence brigadier general. Matthew Burger Reserve Legislative Affairs Division in Captain’s Career Course at Fort graduated from the Air Force Academy 2014, where, for nearly 5 years, he Huachuca, AZ, where he achieved in 1990 and served on Active Duty as an oversaw the legislative liaison team placement in the top 20 percent of his HH–1 instructor pilot and chief of safe- and worked to engage and inform Mem- class. ty with the 27th Aerospace Rescue and CPT Demetrius Keishun Morris is the bers of Congress and our staff members Recovery Squadron, and later as chief epitome of a dedicated public servant. on the Army Reserve. of group Standardization and Evalua- He has put himself in harm’s way to As we thank Greg for his dedicated tion, 85th Operations Group, Keflavik defend our rights and freedom and to work over his career, we must also Naval Air Station, Iceland. Following help secure freedom for people in other thank his family who have been his 10 years on Active Duty, he joined the countries. We owe an enormous debt of support system through it all: his wife Air Force Reserve, where he has served gratitude to our servicemen and Andrea; daughter, Alexis; and sons, in numerous command positions during women, especially those who make a Brennan and Christopher. The sacrifice his career. He has over 4,500 flight career in the military. It is always im- of our servicemembers is immense, but hours and is a command pilot. While portant to acknowledge their family so is that of their families, and we are serving, he has earned the Legion of members who share in the sacrifice, grateful that they have shared Greg’s Merit, the Meritorious Unit Award, the and I would like to take this oppor- time and expertise in the service of our Combat Readiness Medal with three tunity to thank D.K.’s wife Lakisha county. silver oak leaf clusters, the National and their three wonderful children, Greg has served with distinction and Defense Service Medal with bronze Cornelius, Samara, and Roman, for honor and now will be retiring to spend service star, and many other awards their support and for allowing us to time playing golf and basketball, and decorations. Matthew is also the utilize the expertise and experience of cheering on the Mountaineers and the grandson of my late longtime staffer, their husband and father this last year. Redskins, and, of course, spending time Betty Burger, from Fairfield, IA. On My staff and I will miss D.K.; at the with his family. I congratulate Greg on December 12, 2018, he was unanimously same, however, we are also excited to his career of service and wish him the confirmed by the Senate to the rank of see what’s in store next for this excep- best as he moves into the next chapter brigadier general.∑ tional individual, who will always be of his life. f part of Team Cardin. f TRIBUTE TO MAJOR PAUL V. f TRIBUTE TO DARREN HEDLUND BANKSTON TRIBUTE TO COLONEL GREGORY Mr. ROUNDS. Mr. President, today I ∑ Mrs. HYDE-SMITH. Mr. President, I A. SCHEIDHAUER recognize Darren Hedlund, a legislative am pleased to commend MAJ Paul V. Mr. DONNELLY. Mr. President, assistant in my Washington, DC, office Bankston for his dedication to duty today I wish to recognize and honor the for all of the hard work he has done for and service as an Army legislative fel- distinguished career of U.S. Army Re- me, his colleagues, and the State of low on my staff. In January 2019, Paul serve COL Gregory A. Scheidhauer as South Dakota. will transfer to the Office of the Assist- he retires from his nearly three dec- Darren is a native of Wall, SD. He ant Secretary of the Army, where he ades of service to our Nation. Dedica- graduated magna cum laude from the will serve as a congressional budget li- tion to his country and commitment to University of South Dakota before re- aison. his fellow servicemembers are qualities ceiving his master of public and inter- A native of Okeechobee, FL, Paul re- that define Greg’s career, and his years national affairs from the University of ceived a bachelor of science degree in of effort have made lasting improve- Pittsburgh. While working on his un- applied science and technology from ments to our Nation’s defense. dergraduate degree, Darren also served Thomas Edison State College. He also Born in Silver Spring, MD, Greg went as president of his fraternity, Pi Kappa earned a master of arts degree in legis- on to attend Bowie High School and, Alpha. lative affairs from George Washington

VerDate Sep 11 2014 03:26 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.026 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7582 CONGRESSIONAL RECORD — SENATE December 13, 2018 University. Paul enlisted in the Army which were referred to the appropriate 120 12th Street Lobby in Columbus, Georgia, in 2000, rose through the enlisted ranks committees. as the ‘‘Richard W. Williams, Jr., Chapter of to sergeant first class, and received his (The messages received today are the Triple Nickles (555th P.I.A.) Post Office’’. S. 3209. An act to designate the facility of commission in 2008. printed at the end of the Senate pro- the United States Postal Service located at Most recently, Paul served as the ceedings.) 413 Washington Avenue in Belleville, New Army legislative fellow on my staff, f Jersey, as the ‘‘Private Henry Svehla Post and for the Honorable Senator Thad Office Building’’. Cochran prior to that. His operational MESSAGES FROM THE HOUSE S. 825. An act to provide for the convey- experience in Africa and the Middle ance of certain property to the Southeast At 12:20 p.m., a message from the Alaska Regional Health Consortium located East, in addition to his technical ex- House of Representatives, delivered by in Sitka, Alaska, and for other purposes. pertise in special operations, medical Mr. Novotny, one of its reading clerks, S. 2465. An act to amend the Public Health logistics, and combat medical care, announced that the House has passed Service Act to reauthorize a sickle cell dis- have been pivotal in helping to shape the following bills, without amend- ease prevention and treatment demonstra- tion program and to provide for sickle cell Department of Defense appropriations ment: for fiscal years 2018 and 2019. disease research, surveillance, prevention, S. 1050. An act to award a Congressional and treatment. He has served the State of Mississippi Gold Medal, collectively, to the Chinese- S. 3029. An act to revise and extend the and the Nation admirably. The staff American Veterans of World War II, in rec- Prematurity Research Expansion and Edu- and I have enjoyed the benefit of Paul’s ognition of their dedicated service during cation for Mothers who deliver Infants Early counsel and have truly enjoyed work- World War II. Act (PREEMIE Act). ing with him. Paul’s leadership has S. 2101. An act to award a Congressional S. 3119. An act to allow for the taking of brought great credit to the army, and I Gold Medal, collectively, to the crew of the sea lions on the Columbia River and its trib- utaries to protect endangered and threatened appreciate and commend his commit- USS Indianapolis, in recognition of their per- severance, bravery, and service to the United species of salmon and other nonlisted fish ment to continue to serve our Nation. States. species. It is a pleasure to recognize and S. 3170. An act to amend title 18, United H.R. 3996. An act to amend title 28, United thank MAJ Paul V. Bankston for his States Code, to make certain changes to the States Code, to permit other courts to trans- exceptional service to our country. My reporting requirement of certain service pro- fer certain cases to United States Tax Court. staff and I extend our gratitude to Paul viders regarding child sexual exploitation H.R. 1872. An act to promote access for visual depictions, and for other purposes. United States diplomats and other officials, and his family for their sacrifices and journalists, and other citizens to Tibetan service to the Nation, and we wish him The message also announced that the areas of the People’s Republic of China, and well as he takes the next step in his ad- House has passed the following bills, in for other purposes. mirable career.∑ which it requests the concurrence of H.R. 5759. An act to improve executive the Senate: agency digital services, and for other pur- f poses. H.R. 887. An act to amend the Immigration TRIBUTE TO STEPHEN ‘‘SKI’’ and Nationality Act to extend honorary citi- The enrolled bills were subsequently SUCHARSKI zenship to otherwise qualified noncitizens signed by the President pro tempore (Mr. HATCH). ∑ Mr. VAN HOLLEN. Mr. President, who enlisted in the Philippines and died while serving on active duty with the United today I wish to recognize the tremen- States Armed Forces during certain periods At 1:07 p.m., a message from the dous service of Stephen ‘‘Ski’’ of hostilities, and for other purposes. House of Representatives, delivered by Sucharski, who joined our staff as a H.R. 2315. An act to posthumously award Mrs. Cole, one of its reading clerks, an- Brookings Fellow this year. Ski’s ex- the Congressional Gold Medal, collectively, nounced that the House has passed the pertise in defense, veterans, and home- to Glen Doherty, Tyrone Woods, J. Chris- following bill, without amendment: land security issues was invaluable, topher Stevens, and Sean Smith, in recogni- S. 3749. An act to amend the Congressional helping to ensure we met the needs of tion of their contributions to the Nation. Accountability Act of 1995 to reform the pro- constituents throughout our great H.R. 6219. An act to support the independ- cedures provided under such Act for the ini- ence, sovereignty, and territorial integrity tiation, review, and resolution of claims al- State of Maryland. Ski came to our of- of Georgia, and for other purposes. fice with a wealth of policy knowledge leging that employing offices of the legisla- from his civilian work at the Depart- The message further announced that tive branch have violated the rights and pro- House has passed the following bill, tections provided to their employees under ment of Defense and his many years such Act, including protections against sex- serving our country in the U.S. Army. with an amendment, in which it re- quests the concurrence of the Senate: ual harassment, and for other purposes. Ski’s years of service enhanced our of- f fice in many ways, perhaps most nota- S. 2736. An act to develop a long-term stra- bly in veterans affairs. I am particu- tegic vision and a comprehensive, multi- MEASURES REFERRED faceted, and principled United States policy The following bills were read the first larly grateful to Ski for his dedication for the Indo-Pacific region, and for other to improving services for veterans in purposes. and the second times by unanimous our State and across our Nation. Ski’s consent, and referred as indicated: The message also announced that the generosity, willingness to pitch in H.R. 887. An act to amend the Immigration House has agreed to the amendment of wherever needed, and sense of humor and Nationality Act to extend honorary citi- the Senate to the bill (H.R. 6964) to re- made him a great colleague and terrific zenship to otherwise qualified noncitizens authorize and improve the Juvenile staffer in my office. We owe him a debt who enlisted in the Philippines and died Justice and Delinquency Prevention while serving on active duty with the United of gratitude, and we will miss him Act of 1974, and for other purposes. States Armed Forces during certain periods greatly. My whole staff and I wish him of hostilities, and for other purposes; to the ENROLLED BILLS SIGNED well as he embarks on his next journey Committee on the Judiciary. in service to our country.∑ The message further announced that H.R. 2315. An act to posthumously award the Speaker has signed the following the Congressional Gold Medal, collectively, f enrolled bills: to Glen Doherty, Tyrone Woods, J. Chris- MESSAGES FROM THE PRESIDENT H.R. 2454. An act to direct the Secretary of topher Stevens, and Sean Smith in recogni- tion of their contributions to the Nation; to Messages from the President of the Homeland Security to establish a data framework to provide access for appropriate the Committee on Banking, Housing, and United States were communicated to personnel to law enforcement and other in- Urban Affairs. H.R. 6219. An act to support the independ- the Senate by Ms. Ridgway, one of his formation of the Department, and for other ence, sovereignty, and territorial integrity secretaries. purposes. of Georgia, and for other purposes; to the H.R. 1918. An act to oppose loans at inter- f Committee on Foreign Relations. national financial institutions for the Gov- EXECUTIVE MESSAGES REFERRED ernment of Nicaragua unless the Govern- f ment of Nicaragua is taking effective steps As in executive session the Presiding MEASURES PLACED ON THE to hold free, fair, and transparent elections, CALENDAR Officer laid before the Senate messages and for other purposes. from the President of the United S. 3237. An act to designate the facility of The following bill was read the sec- States submitting sundry nominations the United States Postal Service located at ond time, and placed on the calendar:

VerDate Sep 11 2014 03:26 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.029 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7583 S. 3747. A bill to provide for programs to law, the Pension Benefit Guaranty Corpora- EC–7438. A communication from the Dep- help reduce the risk that prisoners will tion’s Office of Inspector General’s Semi- uty Assistant Administrator for Regulatory recidivate upon release from prison, and for annual Report to Congress and the Pension Programs, National Marine Fisheries Serv- other purposes. Benefit Guaranty Corporation Management’s ice, Department of Commerce, transmitting, f Response for the period from April 1, 2018, pursuant to law, the report of a rule entitled through September 30, 2018; to the Com- ‘‘Windowpane Flounder Emergency Rule’’ ENROLLED BILLS PRESENTED mittee on Homeland Security and Govern- (RIN0648–BH11) received in the Office of the The Secretary of the Senate reported mental Affairs. President of the Senate on December 12, 2018; that on today, December 13, 2018, she EC–7430. A communication from the Chair- to the Committee on Commerce, Science, man of the Board of Governors, U.S. Postal had presented to the President of the and Transportation. Service, transmitting, pursuant to law, the EC–7439. A communication from the Dep- United States the following enrolled Office of Inspector General’s Semiannual Re- uty Assistant Administrator for Regulatory bills: port for the period of April 1, 2018 through Programs, National Marine Fisheries Serv- S. 825. An act to provide for the convey- September 30, 2018; to the Committee on ice, Department of Commerce, transmitting, ance of certain property to the Southeast Homeland Security and Governmental Af- pursuant to law, the report of a rule entitled Alaska Regional Health Consortium located fairs. ‘‘Fisheries Off West Coast States; Coastal in Sitka, Alaska, and for other purposes. EC–7431. A communication from the Acting Pelagic Species; Annual Specifications; S. 2465. An act to amend the Public Health Administrator, Environmental Protection Final Rule; 2017–2018 Pacific Sardine Harvest Service Act to reauthorize a sickle cell dis- Agency, transmitting, pursuant to law, the Specifications’’ (RIN0648–XF311) received in ease prevention and treatment demonstra- Department’s Semiannual Report of the Of- the Office of the President of the Senate on tion program and to provide for sickle cell fice of Inspector General for the period from December 12, 2018; to the Committee on Com- disease research, surveillance, prevention, April 1, 2018 through September 30, 2018; to merce, Science, and Transportation. and treatment. the Committee on Homeland Security and EC–7440. A communication from the Direc- S. 3029. An act to revise and extend the Governmental Affairs. tor, Office of Sustainable Fisheries, Depart- Prematurity Research Expansion and Edu- EC–7432. A communication from the Assist- ment of Commerce, transmitting, pursuant cation for Mothers who deliver Infants Early ant Attorney General, Office of Legislative to law, the report of a rule entitled ‘‘Inter- Act (PREEMIE Act). Affairs, Department of Justice, transmit- national Fisheries; Pacific Tuna Fisheries; S. 3119. An act to allow for the taking of ting, pursuant to law, a report of a legisla- Restrictions on Fishing for Sharks in the sea lions on the Columbia River and its trib- tive proposal to improve current legal frame- Eastern Pacific Ocean’’ (RIN0648–BG85) re- utaries to protect endangered and threatened work for collateral-review litigation; to the ceived in the Office of the President of the species of salmon and other nonlisted fish Committee on the Judiciary. Senate on December 12, 2018; to the Com- species. EC–7433. A communication from the Assist- mittee on Commerce, Science, and Transpor- S. 3209. An act to designate the facility of ant General Counsel for Regulatory Affairs, tation. the United States Postal Service located at Consumer Product Safety Commission, EC–7441. A communication from the Acting 413 Washington Avenue in Belleville, New transmitting, pursuant to law, the report of Director, Office of Sustainable Fisheries, De- Jersey, as the ‘‘Private Henry Svehla Post a rule entitled ‘‘Safety Standard for Ciga- partment of Commerce, transmitting, pursu- Office Building’’. rette Lighters; Adjusted Customs Value for ant to law, the report of a rule entitled S. 3237. An act to designate the facility of Cigarette Lighters’’ (16 CFR Part 1210) re- ‘‘Fisheries of the Exclusive Economic Zone the United States Postal Service located at ceived in the Office of the President of the Off Alaska; Pollock in Statistical Area 610 in 120 12th Street Lobby in Columbus, Georgia, Senate on December 12, 2018; to the Com- the Gulf of Alaska’’ (RIN0648–XG379) received as the ‘‘Richard W. Williams, Jr., Chapter of mittee on Commerce, Science, and Transpor- in the Office of the President of the Senate the Triple Nickles (555th P.I A.) Post Office’’. tation. on December 12, 2018; to the Committee on EC–7434. A communication from the Assist- f Commerce, Science, and Transportation. ant General Counsel for Regulatory Affairs, EC–7442. A communication from the Acting EXECUTIVE AND OTHER Consumer Product Safety Commission, Director, Office of Sustainable Fisheries, De- transmitting, pursuant to law, the report of COMMUNICATIONS partment of Commerce, transmitting, pursu- a rule entitled ‘‘Revisions to Safety Stand- The following communications were ant to law, the report of a rule entitled ard for Infant Bath Tubs’’ ((16 CFR Part 1234) ‘‘Fisheries of the Caribbean; Gulf of Mexico laid before the Senate, together with (Docket No. CPSC–2015–0019)) received in the and South Atlantic; Shrimp Fishery Off of accompanying papers, reports, and doc- Office of the President of the Senate on De- the Southern Atlantic States; Reopening of uments, and were referred as indicated: cember 12, 2018; to the Committee on Com- the Penaeid Shrimp Fishery Off South Caro- EC–7425. A communication from the Direc- merce, Science, and Transportation. lina’’ (RIN0648–XG294) received in the Office tor of the Regulatory Management Division, EC–7435. A communication from the Dep- of the President of the Senate on December Environmental Protection Agency, transmit- uty Assistant Administrator for Regulatory 12, 2018; to the Committee on Commerce, ting, pursuant to law, the report of a rule en- Programs, National Marine Fisheries Serv- Science, and Transportation. titled ‘‘6-Benzyladenine; Tolerances for Resi- ice, Department of Commerce, transmitting, EC–7443. A communication from the Acting dues’’ (FRL No. 9986–73) received in the Of- pursuant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, De- fice of the President of the Senate on Decem- ‘‘Temporary Rule for Emergency Action to partment of Commerce, transmitting, pursu- ber 11, 2018; to the Committee on Agri- Specify Annual Catch Limits (ACL) for Red ant to law, the report of a rule entitled culture, Nutrition, and Forestry. Snapper in the South Atlantic Region in ‘‘Fisheries of the Caribbean; Gulf of Mexico EC–7426. A communication from the Direc- 2017’’ (RIN0648–BH10) received in the Office of and South Atlantic; Snapper-Grouper Fish- tor of the Regulatory Management Division, the President of the Senate on December 12, ery of the South Atlantic Region; Amend- Environmental Protection Agency, transmit- 2018; to the Committee on Commerce, ment 37’’ (RIN0648–BG33) received in the Of- ting, pursuant to law, the report of a rule en- Science, and Transportation. fice of the President of the Senate on Decem- titled ‘‘Air Plan Approval; Maryland; Contin- EC–7436. A communication from the Dep- ber 12, 2018; to the Committee on Commerce, uous Opacity Monitoring Requirements for uty Assistant Administrator for Regulatory Science, and Transportation. Municipal Waste Combustors and Cement Programs, National Marine Fisheries Serv- Plants’’ (FRL No. 9987–81–Region 3) received ice, Department of Commerce, transmitting, f in the Office of the President of the Senate pursuant to law, the report of a rule entitled on December 11, 2018; to the Committee on ‘‘Framework Adjustment 56 to the Northeast PETITIONS AND MEMORIALS Energy and Natural Resources. Multispecies Fishery Management Plans’’ EC–7427. A communication from the Direc- (RIN0648–BG53) received in the Office of the The following petition or memorial tor, Office of Regulations and Reports Clear- President of the Senate on December 12, 2018; was laid before the Senate and was re- ance, Social Security Administration, trans- to the Committee on Commerce, Science, ferred or ordered to lie on the table as mitting, pursuant to law, the report of a rule and Transportation. indicated: EC–7437. A communication from the Dep- entitled ‘‘Removal of Alternate Participant POM–317. A petition from a citizen of the uty Assistant Administrator for Regulatory Program’’ (RIN0960–AI24) received in the Of- State of Texas relative to taxation; to the Programs, National Marine Fisheries Serv- fice of the President of the Senate on Decem- Committee on Finance. ber 12, 2018; to the Committee on Finance . ice, Department of Commerce, transmitting, EC–7428. A communication from the Sec- pursuant to law, the report of a rule entitled f retary of Education, transmitting, pursuant ‘‘Regulatory Amendment to Revise the State to law, the Department’s Semiannual Report Waters Scallop Exemption Program for the REPORTS OF COMMITTEES of the Office of the Inspector General for the State of Maine under the Atlantic Sea Scal- period from April 1, 2018 through September lop Fishery Management Plan’’ (RIN0648– The following reports of committees 30, 2018; to the Committee on Homeland Se- BG70) received in the Office of the President were submitted: curity and Governmental Affairs. of the Senate on December 12, 2018; to the By Mr. HOEVEN, from the Committee on EC–7429. A communication from the Sec- Committee on Commerce, Science, and Indian Affairs, with an amendment in the retary of Labor, transmitting , pursuant to Transportation. nature of a substitute:

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.040 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7584 CONGRESSIONAL RECORD — SENATE December 13, 2018 S. 1953. A bill to amend the Tribal Law and 4. Parents: Matthew Anthony Matthews: Americans For The Arts Fund PAC, Order Act of 2010 and the Indian Law En- (deceased); $100.00, 2014, Dennis Richardson; $5,000.00, $5,000.00, $5,000.00, $5,000.00, $5,000.00, forcement Reform Act to provide for ad- $25.00, 2014, Monica Welby; $25.00, 2014, Or- $25,000.00. vancements in public safety services to In- egon Republican Party; $25.00, 2014, Sullivan; Arts And Humanities for America Political dian communities, and for other purposes $25.00, 2014, Prosperity Pack; $25.00, 2014, Action Committee, $5,000.00, $2,500.00, (Rept. No. 115–433). Paul Ryan; $25.00, 2014, John Thune; $25.00, $7,500.00. f 2014, Mitch McConnell; $25.00, 2014, Repub- Bonamici For Congress, $1,000.00, $1,000.00. lican National Committee; Adele Burnadette Cicilline Committee, $2,500.00, $1,000.00, EXECUTIVE REPORTS OF Matthews: None. (deceased). $1,000.00, $4,500.00. COMMITTEE 5. Grandparents: All deceased. Matthew Colorado Democratic Party, $534.50, $534.50. Democractic Excecutive of Committee of The following executive reports of Perlingieri: None; Florence Perlingieri: None; John Kane: None; Margret Kane: None. Florida, $534.50, $534.50. nominations were submitted: 6. Brothers and Spouses: Christopher John Democractic Party of New Mexico, $534.48, By Mr. CORKER for the Committee on Matthews and Patty: None; William John $534.48. Foreign Relations. Matthews—(deceased): None; James Michael Democractic Party of Oregon, $534.48, Kyle McCarter, of Illinois, to be Ambas- Matthews: None; John Anthony Matthews: $534.48. sador Extraordinary and Plenipotentiary of None. Democractic Party of South Carolina, the United States of America to the Republic 7. Sisters and Spouses: Maureen Ann $534.48, $534.48. of Kenya. Gonzales and Augustine: None. Democractic Party of Virginia, $534.46, Nominee: Kyle McCarter. $534.46. Post: Ambassador to Kenya. Earle D. Litzenberger, of California, a Ca- Democractic Party of Wisconsin, $534.46, (The following is a list of all members of reer Member of the Senior Foreign Service, $534.46. my immediate family and their spouses. I Class of Minister-Counselor, to be Ambas- Democractic State Central Committee Of have asked each of these persons to inform sador Extraordinary and Plenipotentiary of LA, $352.63, $352.63. me of the pertinent contributions made by the United States of America to the Republic Democratic State Committee (Delaware), them. To the best of my knowledge, the in- of Azerbaijan. $534.49, $534.49. formation contained in this report is com- Nominee: Earle D. Litzenberger, Jr. DNC Services Corp./Dem. Nat’l Committee, plete and accurate.) Post: Azerbaijan. $250.00, $33,400.00, $250.00, $33,900.00. Contributions, amount, date, and donee: (The following is a list of all members of DNC Services Corporation/Democratic Na- 1. Kyle McCarter: $2,600, Mike Bost; $2000, my immediate family and their spouses. I tional Committee, $1,000.00, $1,000.00. Darin LaHood; $500, Ted Cruz. have asked each of these persons to inform Georgia Federal Elections Committee, 2. Spouse: None. $534.48, $534.48. 3. Zachary McCarter (Claire): None. me of the pertinent contributions made by them. To the best of my knowledge, the in- Hillary For America, $2,700, $2,600.00, 4. Austin McCarter (Cathryn): None. $5,300.00. 5. Calvin & Linda McCarter: None. formation contained in this report is com- plete and accurate. Hillary Victory Fund, $56,310.00, $56,310.00. 6. Grandparents: (Deceased). Idaho State Democratic Party, $534.49, 7. Barry & Kelly Watson: $100, Ben Carson. Contributions, amount, date, and donee: $534.49. 8. Jeff & Laurie McCarter: None. 1. Self: Earle D. Litzenberger: None. Indiana Democratic Congressional Victory 9. Scott & Laurie Young: None. 2. Spouse: Marianne W. Litzenberger: None. 3. Children and Spouses: Andrew L. Committee, $534.49, $534.49. Michael S. Klecheski, of New York, a Ca- Litzenberger: None; Tara Litzenberger: Iowa Democratic Party, $534.49, $534.49. reer Member of the Senior Foreign Service, None; Ashley Litzenberger: None. Kathleen Matthews for Congress, $1,500.00, Class of Minister-Counselor, to be Ambas- 4. Parents: Earle D. Litzenberger: None— $1,500.00. Kentucky State Democratic Central Exec- sador Extraordinary and Plenipotentiary of Deceased; Mary B. Litzenberger: None. utive Committee, $534.49, $534.49. the United States of America to the Republic 5. Grandparents: Andrew W. Litzenberger: Louise Slaughter Re-Election Committee, of Mongolia. None—Deceased; Virgin R. Litzenberger: Nominee: Michael S. Klecheski. None—Deceased; Paul W. Bailey: None—De- $250.00, $250.00. Post: Mongolia. ceased; Deliah W Bailey: None—Deceased. Maine Democratic Party, $534.48, $534.48. (The following is a list of all members of 6 Brothers and Spouses : None. Massachusltts Democratic State Com- my immediate family and their spouses. 7 Sisters and Spouses: Elizabeth L. Hol- mittee, $528.96, $528.96. have asked each of these persons to inform brook: None; Steven Holbrook: None—De- Michigan Democratic State Central Com- me of the pertinent contributions made by ceased. mittee, $528.96, $528.96. them. To the best of my knowledge, the in- Minnesota Democratic-Farmer-Labor formation contained in this report is com- Sarah-Ann Lynch, of Maryland, a Career Party, $534.48, $534.48. plete and accurate.) Member of the Senior Foreign Service, Class Mississippi Democratic State Committee, Contributions, amount, date, and donee: of Minister-Counselor, to be Ambassador Ex- $534.48, $534.48. 1. Self: None. traordinary and Plenipotentiary of the Missouri Democratic State Committee, 2. Spouse: Eloisa D. Klecheski: None. United States of America to the Co-operative $534.48, $534.48. 3. Children and Spouses: Stefan D. Republic of Guyana. Montana Democratic Party, $534.48, $534.48. Klecheski: None; Kara D. Klecheski: None: Nominee: Sarah-Ann Lynch. Nevada State Democratic Party, $534.48 Adam D. Klecheski: None. Post: Ambassador to the Co-operative Re- $534.48. 4. Parents: Alfred Klecheski—Deceased; public of Guyana. New Hampshire Democratic Party, $534.48 Maria Klecheski—Deceased. Nominated: September 24, 2018. $534.48. 5. Grandparents: Zygmunt Epstein—De- (The following is a list of all members of New Jersey Democratic State Committee, ceased; Bronislawa Epstein—Deceased. my immediate family and their spouses. I $534.48, $534.48. 6. Brothers and Spouses: I have no siblings. have asked each of these persons to inform North Carolina Democratic Party—Fed- 7. Sisters and Spouses: I have no siblings. me of the pertinent contributions made by eral, $534.48, $534.48. them. To the best of my knowledge, the in- Ohio Democratic Party, $534.48, $534.48. Oklahoma Democratic Party, $534.48, Matthew John Matthews, of Virginia, a Ca- formation contained in this report is com- $534.48. reer Member of the Senior Foreign Service, plete and accurate.) Parity PAC, $250.00, $250.00. Class of Minister-Counselor, to be Ambas- Contributions: donee, date, amount: Pennsylvania Democratic Party, $534.48, sador Extraordinary and Plenipotentiary of 1. Self: None. the United States of America to Brunei 2. Spouse: Kevin F. Healy, None. $534.48. Darussalam. 3. Children and Spouses: Mariah L. Healy, Rhode Island Democratic State Com- Nominee: Matthew John Matthews. None; Garrett L. Healy, None; Dylan L. mittee, $534.48, $534.48. South Dakota Democratic Party, $534.47, Post: Brunei. Healy, None. (The following is a list of all members of 4. Parents: Robert L. Lynch, Sr., Deceased; $534.47. Tennessee Democratic Party, $534.47, my immediate family and their spouses. I Evelyn F. Lynch, None. have asked each of these persons to inform 5. Grandparents: John M. Lynch, Deceased; $534.47. Texas Democratic Party, $534.48, $534.48. me of the pertinent contributions made by Margaret V. Lynch, Deceased; William J. WV State Democratic Executive Com- them. To the best of my knowledge, the in- McDonald, Deceased; Katheryn E. McDonald, mittee, $534.47, $534.47. formation contained in this report is com- Deceased. WY Democratic State Central Committee, plete and accurate.) 6. Brothers and Spouses: Robert L. Lynch, $534.16, $534.16. Contributions, amount, date, and donee: Jr.: $52,000, 2013–18, See attached. 1. Self: None. Grand Total, $5,000.00, $6,250.00, $13,950.00, 2. Spouse: Rachel Lin Matthews: None. Political Contributions From 2013–2018 $119,823.64, $8,750.00, $1,250.00, $155,023,64. 3. Children and Spouses: Kristen Lin Mat- Contribution Recipient, 2013, 2014, 2015, Note: Robert L. Lynch’s Personal Cam- thews: None; Daniel Lin Matthews: None; 2016, 2017, 2018, Grand Total. paign Contributions totaled approximately Wife—Elizabeth Matthews: None. Alaska Democratic Party, $534.51, $534.51. $52,000 (per Robert L. Lynch); the remainder

VerDate Sep 11 2014 06:15 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.044 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7585 of these funds was attributed to him per his have asked each of these persons to inform 2016, Bernie 2016; $12.50, 04/13/2016, Pramilla role as Treasurer for Americans for the Arts me of the pertinent contributions made by for Congress; $12.50, 04/13/2016, Zephyr Action Fund PAC. them. To the best of my knowledge, the in- Teachout for Congress; $27.00, 03/05/2016, Ber- No. Spouse. Roger A. Lynch: None. formation contained in this report is com- nie 2016; $6.25, 02/24/2016, Elizabeth for Massa- Lindsey Fletcher-Lynch: (spouse), None. plete and accurate.) chusetts; $6.25, 02/24/2016, Maggie for New Donald J. Lynch: $75.00, 4/29/2014, Democratic Contributions, amount, date, donee: Hampshire; $6.25, 02/24/2016, Russ for Wis- National Committee; $100.00, 3/29/2016, Hil- 1. Self: Arthur B. Culvahouse, Jr.: $2,700.00, consin; $6.25, 02/24/2016, Strickland for Sen- lary Victory Fund; $16.55, 7/28/2016, Hillary 08/25/2017, Bob Corker for Senate; $210.00, 11/ ate; $27.00, 01/04/2016, Bernie 2016; $25.00, 12/14/ Victory Fund; $50.00, 7/28/2016, Hillary for 30/2016, O’Melveny & Myers Federal Political 2015, Bernie 2016; $50.00, 08/12/2015, Bernie 2016; America; $10.00, 8/11/2016 Hillary for America; Action Committee; $2,700.00, 09/14/2016, $50.00, 05/27/2015, Bernie 2016; $5.00, 10/30/2014, $100.00, 10/5/2016 Hillary for America; $75.00, Friends of Roy Blunt; $210.00, 08/31/2016, Democratic Congressional Campaign Com- 2018, Democratic National Committee. Leslie O’Melveny & Myers Federal Political Action mittee (DCCC); $10.00, 10/25/2014, Alison Carney Lynch: (spouse) None. Committee; $2,700.00, 07/26/2016, Portman for Lundergan Grimes for Senate; $10.00, 10/25/ 7. Sisters and Spouses: No sisters. U.S. Senate (FEC website erroneously shows 2014, Democracy for America (DFA); $25.00, two $2,700.00 contributions); $420.00, 05/31/2016, 10/24/2014, Rick Weiland for Senate; $25.00, 10/ Christopher Paul Henzel, of Virginia, a Ca- O’Melveny & Myers Federal Political Action 14/2014, Democratic Congressional Campaign reer Member of the Senior Foreign Service, Committee; $1,000.00, 05/17/2016, Comstock for Committee (DCCC); $20.00, 10/08/2014, Alison Class of Minister-Counselor, to be Ambas- Congress; $2,700.00, 03/21/2016, Friends of John Lundergan Grimes for Senate; $20.00, 10/08/ sador Extraordinary and Plenipotentiary of McCain; $210.00, 12/08/2015, O’Melveny & 2014, MayDay.US; $20.00, 09/03/2014, Alison the United States of America to the Republic Myers Federal Political Action Committee; Lundergan Grimes for Senate; $5.00, 08/21/ of Yemen. $2,700.00, 09/11/2015, Jeb 2016, Inc. (Jeb Bush 2014, Amanda Curtis for Senate; $10.00, 08/18/ Nominee: Christopher Henzel. for President); $210.00, 09/10/2015, O’Melveny & 2014, Zephyr Teachout for Governor; $5.00, 07/ Post: Yemen. Myers Federal Political Action Committee; 25/2014, Democratic Congressional Campaign (The following is a list of all members of $420.00, 06/10/2015, O’Melveny & Myers Federal Committee (DCCC); $12.50, 07/04/2014, Progres- my immediate family and their spouses. I Political Action Committee; $300.00, 12/10/ sive Change Campaign Committee (PCCC); have asked each of these persons to inform 2014, O’Melveny & Myers Federal Political $5.00, 01/08/2014, Kelly Westlund for Congress; me of the pertinent contributions made by Action Committee; $300.00, 09/10/2014, $20.00, 01/08/2014, Progressive Change Cam- them. To the best of my knowledge, the in- O’Melveny & Myers Federal Political Action paign Committee (PCCC). formation contained in this report is com- Committee; $2,600.00, 07/17/2014, Alexander for * Note that the donees in most cases were plete and accurate.) Senate Inc; $600.00, 06/10/2014, O’Melveny & earmarked via contributions to Act Blue. Contributions, amount, date, and donee: Myers Federal Political Action Committee. 1. Self: None. 2. Spouse (No Spouse). Bonnie Glick, of Maryland, to be Deputy 2. Spouse: Adrienne V. Henzel: None. 3. Children and Spouses: Sarah Culvahouse Administrator of the United States Agency 3. Children and Spouses: Claire Henzel: Mills: $100.00, 02/23/2016, Marco Rubio for for International Development. None; Brendan Henzel: None; Joseph Henzel: President; James Mills; None; Arthur B. Carol Z. Perez, of Virginia, a Career Mem- None. Culvahouse III (deceased): None; Elizabeth L. ber of the Senior Foreign Service, Class of 4. Parents: Richard E. Henzel: $93, 1/20/17, Callahan: None; Stephen T. Callahan: None; Minister-Counselor, to be Director General Trump for President; $93, 11/29/16, Trump for Anne Culvahouse Teague: None; Michael R. of the Foreign Service. President; Adrienne R. Henzel: None. Teague: None. John Barsa, of Florida, to be an Assistant 5. Grandparents: All deceased. 4. Parents: Arthur Boggess Culvahouse, Sr. Administrator of the United States Agency 6. Brothers and Spouses: Gregory Henzel & (deceased): None; Ruth Wear Culvahouse (de- for International Development. Paula Ditton: None; Matthew Henzel: None. ceased): None. Mr. CORKER. Mr. President, for the 7. Sisters and Spouses: Laura Henzel: $5, 8/ 5. Grandparents: Chester A. Culvahouse Committee on Foreign Relations I re- 11/16, Hillary Victory Fund; Michael Lavine: (deceased): None; Martha Dixie Culvahouse port favorably the following nomina- (deceased): None; Sheridan Highway Wear $27, 6/18/17, Jon Ossoff; $3, 5/18/17, Jon Ossoff; tion list which was printed in the $3, 4/18/17, Jon Ossoff; Throughout 2016: Sev- (deceased): None; Callie Webb Wear (de- RECORD on the date indicated, and ask eral contributions totaling $216 to Hillary ceased): None. Victory Fund; Throughout 2016: Several con- 6. Brothers and Spouses: S. Wear unanimous consent, to save the ex- tributions totaling $27 to Act Blue. Culvahouse: $100.00, 03/22/2017, Act Blue; pense of reprinting on the Executive $100.00, 03/22/2017, Act Blue; Douglas Graneto, Calendar that this nomination lie at Lynne M. Tracy, of Ohio, a Career Member $500.00, 09/20/2016, Hillary Victory Fund. the Secretary’s desk for the informa- of the Senior Foreign Service, Class of Min- 7. Sisters and Spouses: Melinda C. Hardy: tion of Senators. ister-Counselor, to be Ambassador Extraor- None; William E. Hardy (deceased): None; The PRESIDING OFFICER. Without Martha S. Culvahouse: None; John S. dinary and Plenipotentiary of the United objection, it is so ordered. States of America to the Republic of Arme- Waggett*: $100.00, 10/18/2018, Mariah Phillips for Congress; $100.00, 08/03/2018, Mariah Phil- Foreign Service nominations beginning nia. with Kelly E. Adams-Smith and ending with Nominee: Lynne Marie Tracy. lips for Congress; $10.00, 08/30/2017, Our Revo- Jorge R. Vazquez, which nominations were Post: Yerevan, Armenia. lution; $5.00, 12/01/2016, Democratic Congres- received by the Senate and appeared in the (The following is a list of all members of sional Campaign Committee (DCCC); $5.00, Congressional Record on November 13, 2018. my immediate family and their spouses. I 11/07/2016, Missourians for Kander; $15.00, 11/ 04/2016, Democratic Congressional Campaign (minus 1 nominee: Jay P. Williams) have asked each of these persons to inform By Mr. INHOFE for the Committee on me of the pertinent contributions made by Committee (DCCC); $50.00, 11/01/2016, Missou- rians for Kander; 15.00, 10/28/2016, Democratic Armed Services. them. To the best of my knowledge, the in- Army nomination of Lt. Gen. Richard D. formation contained in this report is com- Congressional Campaign Committee (DCCC); $17.00, 10/22/2016, Missourians for Kander; Clarke, to be General. plete and accurate.) Marine Corps nomination of Lt. Gen. Ken- $15.00, 10/21/2016, Democratic Congressional Contributions, amount, date, and donee: neth F. McKenzie, Jr., to be General. 1. Self: none. Campaign Committee (DCCC); $25.00, 10/15/ Air Force nominations beginning with Col. 2. Spouse: not applicable. 2016, Missourians for Kander; $15.00, 10/14/ Scott C. Bridgers and ending with Col. Jus- 3. Children and Spouses: not applicable. 2016, Democratic Congressional Campaign tin R. Walrath, which nominations were re- 4. Parents: Albert and Carol Tracy, none. Committee (DCCC); $15.00, 10/07/2016, Demo- ceived by the Senate and appeared in the 5. Grandparents: Albert (deceased 1973) and cratic Congressional Campaign Committee Congressional Record on December 4, 2018. Arletta Tracy (deceased 1990); Clarence (de- (DCCC); $2.77, 09/30/2016, Catherine Cortez Air Force nominations beginning with ceased 1999) and Isabel Pontius, none. Masto for Senate $2.78, 09/30/2016, Strickland Brig. Gen. John D. Caine and ending with 6. Brothers and Spouses: not applicable. for Senate; $2.78, 09/30/2016, Maggie for New Brig. Gen. Brian M. Simpler, which nomina- 7. Sisters and Spouses: Anita and Arthur Hampshire; $2.78, 09/30/2016, Deborah Ross for tions were received by the Senate and ap- Jepsky, $ -0-; Mary Lou and Donald Carter, $ Senate; $2.77, 09/30/2016, Elizabeth for Massa- peared in the Congressional Record on De- -0-. chusetts; $2 78, 09/30/2016, Tammy Duckworth cember 4, 2018. for Illinois; $2.78, 09/30/2016, Katie McGinty Air Force nominations beginning with Col. Arthur B. Culvahouse, Jr., of Tennessee, to for Senate; $2.78, 09/30/2016, Missourians for Steven D. Michaud and ending with Col. be Ambassador Extraordinary and Pleni- Kander; $2.78, 09/30/2016, Russ for Wisconsin; Raymond H. Siegfried II, which nominations potentiary of the United States of America $15.00, 09/30/2016, Democratic Congressional were received by the Senate and appeared in to the Commonwealth of Australia. Campaign Committee (DCCC); $15.00, 09/23/ the Congressional Record on December 4, Nominee: Arthur B. Culvahouse, Jr. 2016, Democratic Congressional Campaign 2018. Post: Ambassador [Chief of Mission], Aus- Committee (DCCC); $10.00, 08/30/2016, Our By Mr. HATCH for the Committee on Fi- tralia, Department of State. Revolution; $27 00, 07/26/2016, Our Revolution; nance. Nominated: 11/15/2018. $25.00, 06/21/2016, Zephyr Teachout for Con- *Courtney Dunbar Jones, of Virginia, to be (The following is a list of all members of gress; $27.00, 04/15/2016, Bernie 2016; $12.50, 04/ a Judge of the United States Tax Court for a my immediate family and their spouses. I 13/2016, Lucy Flores for Congress; $12.50, 04/13/ term of fifteen years.

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.081 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7586 CONGRESSIONAL RECORD — SENATE December 13, 2018 *Nomination was reported with rec- BLUMENTHAL, Mr. WHITEHOUSE, Mr. California, supporting all of the people im- ommendation that it be confirmed sub- PETERS, Ms. KLOBUCHAR, Mr. pacted by the horrific event, and thanking ject to the nominee’s commitment to MERKLEY, Mrs. SHAHEEN, Mr. DURBIN, law enforcement, firefighters, and emer- respond to requests to appear and tes- Mrs. GILLIBRAND, Ms. HARRIS, Mrs. gency medical teams for their courageous ef- FEINSTEIN, Ms. SMITH, and Ms. HAS- forts to respond to the attack and save lives; tify before any duly constituted com- SAN): to the Committee on the Judiciary. mittee of the Senate. S. 3757. A bill to amend the Oil Pollution By Mr. COONS (for himself, Mr. TILLIS, (Nominations without an asterisk Act of 1990 to require oil polluters to pay the Mr. BLUMENTHAL, Mr. YOUNG, Mr. were reported with the recommenda- full cost of oil spills, and for other purposes; MARKEY, Mr. ISAKSON, Mr. CASEY, Mr. tion that they be confirmed.) to the Committee on Environment and Pub- RUBIO, Mr. MERKLEY, Mr. BOOZMAN, lic Works. and Ms. KLOBUCHAR): f By Mr. CRUZ (for himself, Mr. RUBIO, S. Res. 731. A resolution designating De- INTRODUCTION OF BILLS AND Mr. COTTON, Mr. TILLIS, Mr. GARD- cember 10, 2018, as ‘‘Human Rights Day’’ and JOINT RESOLUTIONS NER, Mrs. HYDE-SMITH, and Mr. recognizing the 70th anniversary of the Uni- YOUNG): versal Declaration of Human Rights; consid- The following bills and joint resolu- S. 3758. A bill to impose sanctions with re- ered and agreed to. tions were introduced, read the first spect to Iranian financial institutions and f and second times by unanimous con- the development and use of Iranian digital sent, and referred as indicated: currency, and for other purposes; to the ADDITIONAL COSPONSORS By Ms. KLOBUCHAR (for herself, Mr. Committee on Banking, Housing, and Urban S. 352 BLUNT, Mr. MCCONNELL, and Mr. Affairs. ORKER SCHUMER): By Mr. MENENDEZ (for himself, Mr. At the request of Mr. C , the S. 3749. A bill to amend the Congressional RUBIO, Mr. DURBIN, and Mr. LEAHY): name of the Senator from Colorado Accountability Act of 1995 to reform the pro- S. 3759. A bill to designate Venezuela under (Mr. GARDNER) was added as a cospon- cedures provided under such Act for the ini- section 244 of the Immigration and Nation- sor of S. 352, a bill to award a Congres- tiation, review, and resolution of claims al- ality Act to permit nationals of Venezuela to sional Gold Medal to Master Sergeant leging that employing offices of the legisla- be eligible for temporary protected status Rodrick ‘‘Roddie’’ Edmonds in recogni- tive branch have violated the rights and pro- under such section and to strengthen inter- nal migration systems in countries sur- tion of his heroic actions during World tections provided to their employees under War II. such Act, including protections against sex- rounding Venezuela; to the Committee on ual harassment, and for other purposes; con- Foreign Relations. S. 378 sidered and passed. By Mr. CORKER (for himself, Mr. At the request of Mr. BARRASSO, the By Mr. ROUNDS: MCCONNELL, Mr. RUBIO, Mr. name of the Senator from Delaware PORTMAN, Mrs. ERNST, Mr. BOOZMAN, S. 3750. A bill to delay the effective date of (Mr. COONS) was added as a cosponsor the rule issued by the National Credit Union Mr. CRAPO, Mr. TOOMEY, Mr. GARD- NER, Mr. ISAKSON, Mr. SANDERS, Mr. of S. 378, a bill to amend titles 5 and 28, Administration titled ‘‘Risk-Based Capital’’ ; United States Code, to require the to the Committee on Banking, Housing, and KAINE, and Mr. REED): Urban Affairs. S.J. Res. 69. A joint resolution supporting maintenance of databases on awards of By Mr. CASEY (for himself, Mr. GRASS- a Diplomatic Solution in Yemen and Con- fees and other expenses to prevailing LEY, and Mr. CARDIN): demning the Murder of Jamal Khashoggi; parties in certain administrative pro- S. 3751. A bill to amend title XVIII of the considered and passed. ceedings and court cases to which the Social Security Act to expand the use of f United States is a party, and for other telehealth services for remote imaging for purposes. chronic eye disease; to the Committee on Fi- SUBMISSION OF CONCURRENT AND S. 428 nance. SENATE RESOLUTIONS At the request of Mr. GRASSLEY, the By Ms. HEITKAMP: The following concurrent resolutions S. 3752. A bill to require the transfer of cer- name of the Senator from Virginia (Mr. tain land to be held in trust for the benefit and Senate resolutions were read, and KAINE) was added as a cosponsor of S. of the Standing Rock Sioux Tribe of North referred (or acted upon), as indicated: 428, a bill to amend titles XIX and XXI and South Dakota, and for other purposes; to By Mr. MERKLEY: of the Social Security Act to authorize the Committee on Environment and Public S. Res. 724. A resolution amending rule States to provide coordinated care to Works. XXXI of the Standing Rules of the Senate to children with complex medical condi- By Mr. WYDEN (for himself, Mr. limit the time during which a nomination CRAPO, Mr. MERKLEY, and Mr. RISCH): shall be confirmed or rejected, and for other tions through enhanced pediatric S. 3753. A bill to amend title 36, United purposes; to the Committee on Rules and Ad- health homes, and for other purposes. States Code, to grant a Federal charter to ministration. S. 693 the Forest and Refuge County Foundation, By Mr. MERKLEY: At the request of Ms. BALDWIN, the to provide for the establishment of the Nat- S. Res. 725. A resolution modifying ex- name of the Senator from Vermont ural Resources Permanent Fund, and for tended debate in the Senate to improve the (Mr. LEAHY) was added as a cosponsor other purposes; to the Committee on the Ju- legislative process; to the Committee on diciary. Rules and Administration. of S. 693, a bill to amend the Public By Mr. BLUMENTHAL (for himself, By Mr. MERKLEY: Health Service Act to increase the Ms. HARRIS, Mr. MERKLEY, and Ms. S. Res. 726. A resolution amending rule number of permanent faculty in pallia- KLOBUCHAR): XXVIII of the Standing Rules of the Senate tive care at accredited allopathic and S. 3754. A bill to prohibit price gouging in to provide for timely establishment of con- osteopathic medical schools, nursing the sale of drugs; to the Committee on ference committees; to the Committee on schools, social work schools, and other Health, Education, Labor, and Pensions. Rules and Administration. programs, including physician assist- By Mr. HOEVEN (for himself and Mr. By Mr. MERKLEY: ant education programs, to promote UDALL): S. Res. 727. A resolution providing for con- S. 3755. A bill to establish a demonstration sideration of changes to rules for the pro- education and research in palliative program regarding background checks for ceedings of the Senate; to the Committee on care and hospice, and to support the certain employees of the Bureau of Indian Rules and Administration. development of faculty careers in aca- Affairs; to the Committee on Indian Affairs. By Mr. MERKLEY: demic palliative medicine. By Mr. MENENDEZ (for himself, Mr. S. Res. 728. A resolution amending rule S. 1016 MARKEY, Mr. REED, Mr. BOOKER, Mr. XXII of the Standing Rules of the Senate to At the request of Mr. SCHATZ, the BLUMENTHAL, Mr. WHITEHOUSE, Mr. limit debate on motions to proceed; to the PETERS, Ms. KLOBUCHAR, Mr. Committee on Rules and Administration. name of the Senator from Rhode Island MERKLEY, Mrs. SHAHEEN, Mr. DURBIN, By Mr. MERKLEY: (Mr. WHITEHOUSE) was added as a co- Mrs. GILLIBRAND, Ms. HARRIS, Mrs. S. Res. 729. A resolution amending rule XV sponsor of S. 1016, a bill to amend title FEINSTEIN, Ms. SMITH, and Ms. HAS- of the Standing Rules of the Senate to pro- XVIII of the Social Security Act to ex- SAN): vide for consideration of a minimum number pand access to telehealth services, and S. 3756. A bill to amend the Internal Rev- of amendments; to the Committee on Rules for other purposes. enue Code of 1986 to require oil polluters to and Administration. S. 1036 pay the full cost of oil spills, and for other By Mrs. FEINSTEIN (for herself and purposes; to the Committee on Finance. Ms. HARRIS): At the request of Mr. WYDEN, the By Mr. MENENDEZ (for himself, Mr. S. Res. 730. A resolution condemning the name of the Senator from Rhode Island MARKEY, Mr. REED, Mr. BOOKER, Mr. tragic mass shooting in Thousand Oaks, (Mr. REED) was added as a cosponsor of

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.060 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7587 S. 1036, a bill to promote research, de- standard of care, and for other pur- S. 3728 velopment, and demonstration of ma- poses. At the request of Ms. DUCKWORTH, rine and hydrokinetic renewable en- S. 3549 the name of the Senator from Pennsyl- ergy technologies, and for other pur- At the request of Mr. COONS, the vania (Mr. CASEY) was added as a co- poses. name of the Senator from Illinois (Mr. sponsor of S. 3728, a bill to promote the S. 1292 DURBIN) was added as a cosponsor of S. provision of exercise or fitness equip- At the request of Mr. RUBIO, the 3549, a bill to establish the Palestinian ment, and exercise or fitness classes name of the Senator from New Jersey Partnership Fund to promote joint eco- and instruction, that are accessible to (Mr. BOOKER) was added as a cosponsor nomic development and finance joint individuals with disabilities. of S. 1292, a bill to amend the State De- ventures between Palestinian entre- S. 3729 partment Basic Authorities Act of 1956 preneurs and companies in the United At the request of Ms. WARREN, the to monitor and combat anti-Semitism States, Israel, and countries in the name of the Senator from New Hamp- globally, and for other purposes. Middle East to improve economic co- shire (Ms. HASSAN) was added as a co- S. 2227 operation and people to people ex- sponsor of S. 3729, a bill to recognize changes to further shared community At the request of Mr. PORTMAN, the and honor the service of individuals names of the Senator from Minnesota building, peaceful coexistence, dia- who served in the United States Cadet logue, and reconciliation between (Ms. KLOBUCHAR), the Senator from Nurse Corps during World War II, and Israelis and Palestinians. Vermont (Mr. SANDERS) and the Sen- for other purposes. ator from Illinois (Mr. DURBIN) were S. 3559 S. 3746 added as cosponsors of S. 2227, a bill to At the request of Mr. BARRASSO, the At the request of Mr. TOOMEY, the reauthorize the Money Follows the name of the Senator from Wyoming names of the Senator from Wyoming Person Demonstration Program. (Mr. ENZI) was added as a cosponsor of (Mr. ENZI), the Senator from Oklahoma S. 3559, a bill to amend the Internal S. 2690 (Mr. LANKFORD), the Senator from Revenue Code of 1986 to terminate the At the request of Mr. RUBIO, the South Carolina (Mr. SCOTT) and the credit for new qualified plug-in electric name of the Senator from Vermont Senator from Idaho (Mr. RISCH) were drive motor vehicles and to provide for (Mr. LEAHY) was added as a cosponsor added as cosponsors of S. 3746, a bill to a Federal Highway user fee on alter- of S. 2690, a bill to amend title XVIII of curtail the use of changes in manda- native fuel vehicles. the Social Security Act to permit re- tory programs affecting the Crime Vic- S. 3577 view of certain Medicare payment de- tims Fund to inflate spending. At the request of Mr. ROUNDS, the terminations for disproportionate S. RES. 717 name of the Senator from Alabama share hospitals, and for other purposes. At the request of Mrs. FEINSTEIN, the (Mr. JONES) was added as a cosponsor name of the Senator from Utah (Mr. S. 2971 of S. 3577, a bill to amend the Financial HATCH) was added as a cosponsor of S. At the request of Mr. BOOKER, the Stability Act of 2010 to require the Fi- Res. 717, a resolution honoring the life name of the Senator from Ohio (Mr. nancial Stability Oversight Council to and legacy of Rebecca Teresa BROWN) was added as a cosponsor of S. consider alternative approaches before Weichhand. 2971, a bill to amend the Animal Wel- determining that a U.S. nonbank finan- fare Act to prohibit animal fighting in cial company shall be supervised by the AMENDMENT NO. 4090 the United States territories. Board of Governors of the Federal Re- At the request of Mr. CORNYN, the S. 3181 serve System, and for other purposes. names of the Senator from Arkansas (Mr. COTTON) and the Senator from Wy- At the request of Ms. KLOBUCHAR, the S. 3602 oming (Mr. BARRASSO) were added as names of the Senator from New Hamp- At the request of Ms. STABENOW, the shire (Ms. HASSAN) and the Senator names of the Senator from Alaska (Ms. cosponsors of amendment No. 4090 pro- posed to S.J. Res. 54, a joint resolution from New Jersey (Mr. MENENDEZ) were MURKOWSKI) and the Senator from New to direct the removal of United States added as cosponsors of S. 3181, a bill to York (Mrs. GILLIBRAND) were added as direct the Secretary of Defense to in- cosponsors of S. 3602, a bill to amend Armed Forces from hostilities in the clude in periodic health assessments, the Public Health Service Act to reau- Republic of Yemen that have not been separation history and physical exami- thorize school-based health centers, authorized by Congress. nations, and other assessments an eval- and for other purposes. AMENDMENT NO. 4095 uation of whether a member of the S. 3622 At the request of Mr. CORNYN, the Armed Forces has been exposed to open At the request of Mr. MENENDEZ, the names of the Senator from Wyoming burn pits or toxic airborne chemicals, name of the Senator from Oregon (Mr. (Mr. BARRASSO) and the Senator from and for other purposes. WYDEN) was added as a cosponsor of S. Arkansas (Mr. COTTON) were added as S. 3319 3622, a bill to condemn gross human cosponsors of amendment No. 4095 pro- At the request of Mr. DURBIN, the rights violations of ethnic Turkic Mus- posed to S.J. Res. 54, a joint resolution name of the Senator from Oregon (Mr. lims in Xinjiang, and calling for an end to direct the removal of United States WYDEN) was added as a cosponsor of S. to arbitrary detention, torture, and Armed Forces from hostilities in the 3319, a bill to impose additional restric- harassment of these communities in- Republic of Yemen that have not been tions on tobacco flavors for use in e- side and outside China. authorized by Congress. cigarettes. S. 3649 AMENDMENT NO. 4096 S. 3501 At the request of Mr. GRASSLEY, the At the request of Mr. CORNYN, the At the request of Mrs. ERNST, the names of the Senator from Georgia names of the Senator from Oklahoma name of the Senator from Delaware (Mr. PERDUE) and the Senator from (Mr. INHOFE), the Senator from Arkan- (Mr. COONS) was added as a cosponsor Wisconsin (Ms. BALDWIN) were added as sas (Mr. COTTON) and the Senator from of S. 3501, a bill to require the Sec- cosponsors of S. 3649, a bill to provide Wyoming (Mr. BARRASSO) were added retary of Veterans Affairs to enter into for programs to help reduce the risk as cosponsors of amendment No. 4096 a contract or other agreement with a that prisoners will recidivate upon re- proposed to S.J. Res. 54, a joint resolu- third party to review appointees in the lease from prison, and for other pur- tion to direct the removal of United Veterans Health Administration who poses. States Armed Forces from hostilities had a license terminated for cause by a S. 3702 in the Republic of Yemen that have not State licensing board for care or serv- At the request of Mr. WYDEN, the been authorized by Congress. ices rendered at a non-Veterans Health name of the Senator from Iowa (Mrs. AMENDMENT NO. 4097 Administration facility and providing ERNST) was added as a cosponsor of S. At the request of Mr. COTTON, the individuals treated by such an ap- 3702, a bill to amend title XIX of the name of the Senator from Texas (Mr. pointee with notice if it is determined Social Security Act to prevent the CORNYN) was added as a cosponsor of that an episode of care or services to misclassification of drugs for purposes amendment No. 4097 proposed to S.J. which they received was below the of the Medicaid drug rebate program. Res. 54, a joint resolution to direct the

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.063 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7588 CONGRESSIONAL RECORD — SENATE December 13, 2018 removal of United States Armed Forces should not continue to suffer neither SECTION 1. SHORT TITLE; REFERENCES IN ACT; from hostilities in the Republic of this uncertainty, nor the market based TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as Yemen that have not been authorized uncertainty that comes with simply re- the ‘‘Congressional Accountability Act of by Congress. lying on revenue sharing and forest 1995 Reform Act’’. AMENDMENT NO. 4098 management for support. (b) REFERENCES IN ACT.—Except as other- At the request of Mr. COTTON, the That is why Senator CRAPO and I pro- wise expressly provided, whenever in this name of the Senator from Texas (Mr. pose an SRS modernization, funding Act an amendment or repeal is expressed in CORNYN) was added as a cosponsor of certainty while supporting active for- terms of an amendment to or repeal of a sec- amendment No. 4098 proposed to S.J. est management. The Forest Manage- tion or other provision, the reference shall ment for Rural Stability Act estab- be considered to be made to that section or Res. 54, a joint resolution to direct the other provision of the Congressional Ac- removal of United States Armed Forces lishes a permanent endowment fund, countability Act of 1995 (2 U.S.C. 1301 et from hostilities in the Republic of the Natural Resources Permanent seq.). Yemen that have not been authorized Fund, to provide stable, reliable, in- (c) TABLE OF CONTENTS.—The table of con- by Congress. creasing payments to counties, in per- tents of this Act is as follows: f petuity, removing them from the va- Sec. 1. Short title; references in Act; table garies of Congress or the market. of contents. STATEMENTS ON INTRODUCED Under this legislation, Congress char- TITLE I—REFORM OF DISPUTE BILLS AND JOINT RESOLUTIONS ters a fiduciary corporation, the Forest RESOLUTION PROCEDURES By Mr. WYDEN (for himself, Mr. and Refuge County Foundation, to Subtitle A—Reform of Procedures for Initi- CRAPO, Mr. MERKLEY, and Mr. manage the endowed fund. The cor- ation, Preliminary Review, and Resolution RISCH): poration will be independent from any of Claims S. 3753. A bill to amend title 36, instrumentality of the U.S. govern- Sec. 101. Description of procedures available United States Code, to grant a Federal ment, including Congress, to ensure for consideration of alleged vio- charter to the Forest and Refuge Coun- the principle balance is held in per- lations. ty Foundation, to provide for the es- Sec. 102. Reform of process for initiation of petuity and is separate from annual ap- procedures. tablishment of the Natural Resources propriations. The corporation will be Sec. 103. Preliminary review of claims by Permanent Fund, and for other pur- overseen by a board of directors re- hearing officer. poses; to the Committee on the Judici- sponsible for a transparent governance Sec. 104. Availability of mediation during ary. structure. The principle of the fund process. Mr. WYDEN. Mr. President, today will be invested to earn interest. To Subtitle B—Other Reforms Senator CRAPO of Idaho and I are intro- grow the fund, in addition to the in- Sec. 111. Requiring Members of Congress to ducing the Forest Management for vestment income, the USFS, BLM, and reimburse Treasury for Rural Stability Act. This legislation the Fish and Wildlife Service will de- amounts paid as settlements replaces the Secure Rural Schools and posit their annual revenue sharing re- and awards in cases of acts by Community Self-Determination Act ceipts into the fund. The interest the Members. (SRS) to provide revenue sharing with Sec. 112. Automatic referral to Congres- fund generates will constitute the pay- sional Ethics Committees of and compensation to over 700 rural for- ments to the counties, distributed an- disposition of certain claims al- ested counties in the over 40 States nually using the existing SRS formula. leging violations of Congres- that host America’s treasured, public Initial payments to counties will be sional Accountability Act of forested lands and wildlife refuges. equal what counties received for Fiscal 1995 involving Members of Con- In 2000, then-Senator Larry Craig, Year 2017 SRS payments. gress and senior staff. also of Idaho, and I, had signed into The Forest Management for Rural Sec. 113. Availability of remote work assign- ment or paid leave of absence law SRS: a 6-year long safety-net pro- Stability Act continues Congress’s gram to stabilize county budgets fol- during pendency of procedures. commitment to fostering economic Sec. 114. Modification of rules on confiden- lowing years of depleted revenue shar- growth in rural counties by continuing tiality of proceedings. ing payments from the U.S. Forest Forest Service Resource Advisory Com- Sec. 115. Reimbursement by other employ- Service (USFS) and the Oregon and mittees. In addition, the bill gives ing offices of legislative branch California Grant Lands managed by the county governments greater flexibility of payments of certain awards U.S. Bureau of Land Management in how these funds are spent for eco- and settlements. (BLM). Over its lifetime, SRS has been nomic development and rural jobs. TITLE II—IMPROVING OPERATIONS OF a success, providing more than $6.8 bil- Passing the the Forest Management OFFICE OF CONGRESSIONAL WORK- PLACE RIGHTS lion nationwide for rural roads, for Rural Stability Act will update schools, and healthy forest projects. SRS for 2018 and beyond—looking for- Sec. 201. Reports on awards and settlements. SRS also provided the basis for the be- Sec. 202. Workplace climate surveys of em- ward for our forested counties, rather ploying offices. ginning of, and the now growing pro- than backward to last century efforts. Sec. 203. Record retention. pensity for, the USFS and the BLM to This bill updates an already successful Sec. 204. Confidential advisors. collaborate with local people and inter- program that deserves action. I urge Sec. 205. GAO study of management prac- ests on the management of these public my colleagues to support this impor- tices. lands, and for local folks and counties tant bill. Sec. 206. GAO audit of cybersecurity. to collaborate together and with the TITLE III—MISCELLANEOUS REFORMS USFS and BLM, in return. By Ms. KLOBUCHAR (for herself, Sec. 301. Application of Genetic Information Despite its many successes, the con- Mr. BLUNT, Mr. MCCONNELL, Nondiscrimination Act of 2008. Sec. 302. Extension to unpaid staff of rights tinuation of SRS is in jeopardy. The and Mr. SCHUMER): program expired in fiscal year 2016. S. 3749. A bill to amend the Congres- and protections against em- ployment discrimination. Congress passed a two-year extension sional Accountability Act of 1995 to re- Sec. 303. Clarification of treatment of Li- of the program, but after its expira- form the procedures provided under brary of Congress visitors. tion. And this was not the first time such Act for the initiation, review, and Sec. 304. Notices. nor the last time Congress allowed it resolution of claims alleging that em- Sec. 305. Clarification of coverage of em- to expire—SRS is expired right now, ploying offices of the legislative branch ployees of Helsinki and China though Senator CRAPO and I are at- have violated the rights and protec- Commissions. Sec. 306. Training and education programs tempting, in these last moments of the tions provided to their employees of other employing offices. 115th Congress, to reauthorize it again under such Act, including protections Sec. 307. Support for out-of-area covered em- for at least a year, perhaps two. against sexual harassment, and for ployees. This stop and start existence of this other purposes; considered and passed. Sec. 308. Renaming Office of Compliance as program hits at the heart of any at- S. 3749 Office of Congressional Work- tempts at collaboration. And it cer- Be it enacted by the Senate and House of Rep- place Rights. tainly undermines any attempts for a resentatives of the United States of America in TITLE IV—EFFECTIVE DATE county to budget. Our rural counties Congress assembled, Sec. 401. Effective date.

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TITLE I—REFORM OF DISPUTE ‘‘(A) DIRECT ACT.—The term ‘direct Act’ sonable under the circumstances, each of the RESOLUTION PROCEDURES means an Act (other than this Act), or provi- following is correct: Subtitle A—Reform of Procedures for Initi- sion of the Revised Statutes, that is specified ‘‘(1) No pleading, written motion, or other ation, Preliminary Review, and Resolution in section 201, 202, or 203. paper is presented for any improper purpose, of Claims ‘‘(B) DIRECT PROVISION.—The term ‘direct such as to harass, cause unnecessary delay, provision’ means a provision (including a or needlessly increase the cost of resolution SEC. 101. DESCRIPTION OF PROCEDURES AVAIL- ABLE FOR CONSIDERATION OF AL- definitional provision) of a direct Act that of the matter. LEGED VIOLATIONS. applies the rights or protections of a direct ‘‘(2) The claims, defenses, and other legal (a) PROCEDURES DESCRIBED.—Section 401 (2 Act (including rights and protections relat- contentions the party advocates are war- U.S.C. 1401) is amended to read as follows: ing to nonretaliation or noncoercion) to a ranted by existing law or by a nonfrivolous ‘‘SEC. 401. PROCEDURE FOR CONSIDERATION OF Library claimant. argument for extending, modifying, or re- ALLEGED VIOLATIONS. ‘‘(C) LIBRARY CLAIMANT.—The term ‘Li- versing existing law or for establishing new ‘‘(a) FILING AND REVIEW OF CLAIMS.—Ex- brary claimant’ means, with respect to a di- law. cept as otherwise provided, the procedure for rect provision, an employee of the Library of ‘‘(3) The factual contentions have evi- consideration of an alleged violation of part Congress who is covered by that direct provi- dentiary support or, if specifically so identi- A of title II consists of— sion. fied, will likely have evidentiary support ‘‘(1) the filing of a claim by the covered ‘‘(2) ELECTION AFTER PROCEEDINGS INITIALLY after a reasonable opportunity for further re- employee alleging the violation, as provided BROUGHT UNDER THIS ACT.—A Library claim- view or discovery. in section 402; ant who initially files a claim for an alleged ‘‘(4) The denials of factual contentions are ‘‘(2) the preliminary review of the claim, to violation as provided in section 402 may, at warranted on the evidence or, if specifically be conducted by a hearing officer as provided any time before the date that is 10 days after so identified, are reasonably based on belief in section 403; a hearing officer submits the report on the or a lack of information. ‘‘(3) mediation as provided in section 404, if preliminary review of the claim under sec- ‘‘(g) PROCEDURE.—Nothing in this Act shall requested and agreed to by the parties under tion 403(c), elect to bring the claim for a pro- be construed to supersede or limit section that section; and ceeding before the corresponding Federal 225(d)(2).’’. ‘‘(4) a formal hearing as provided in section agency under the corresponding direct provi- (b) CONFORMING AMENDMENT RELATING TO 405, subject to Board review as provided in sion, instead of continuing with the proce- CIVIL ACTION.—Section 408(a) (2 U.S.C. section 406 and judicial review in the United dures applicable to the claim under this title 1408(a)) is amended— States Court of Appeals for the Federal Cir- or filing a civil action in accordance with (1) by striking ‘‘section 404’’ and inserting cuit as provided in section 407. section 408. ‘‘section 401’’; ‘‘(b) RIGHT OF EMPLOYEE TO FILE CIVIL AC- ‘‘(3) ELECTION AFTER PROCEEDINGS INITIALLY (2) by striking ‘‘who has completed coun- TION.— BROUGHT UNDER OTHER CIVIL RIGHTS OR LABOR seling under section 402 and mediation under ‘‘(1) CIVIL ACTION.—Only a covered em- LAW.—A Library claimant who initially section 403’’; and ployee who has filed a claim timely as pro- brings a claim, complaint, or charge under a (3) by striking the second sentence. vided in section 402 and who has not sub- direct provision for a proceeding before a (c) OTHER CONFORMING AMENDMENTS TO mitted a request for a hearing on the claim Federal agency may, prior to requesting a TITLE IV.—Title IV is amended— pursuant to section 405(a) may, during the hearing under the agency’s procedures, elect (1) by striking section 404 (2 U.S.C. 1404); period described in paragraph (3), file a civil to— and action in a District Court of the United ‘‘(A) continue with the agency’s procedures (2) by redesignating section 403 (2 U.S.C. States with respect to the violation alleged and preserve the option (if any) to bring any 1403) as section 404. in the claim, as provided in section 408. civil action relating to the claim, complaint, (d) MISCELLANEOUS CONFORMING AMEND- MENT ‘‘(2) EFFECT OF FILING CIVIL ACTION.—Not- or charge, that is available to the Library .—Section 225 (2 U.S.C. 1361) is amend- withstanding paragraph (2), (3), or (4) of sub- claimant; or ed— section (a), if the covered employee files ‘‘(B) file a claim with the Office under sec- (1) by striking subsection (e); and such a civil action— tion 402 and continue with the corresponding (2) by redesignating subsection (f) as sub- ‘‘(A) the preliminary review of the claim procedures of this title available and appli- section (e). by the hearing officer as provided in section cable to a covered employee. (e) CLERICAL AMENDMENTS.—The table of 403 shall terminate upon the filing of the ac- ‘‘(4) TIMING.—A Library claimant who contents is amended— tion by the covered employee; and meets the initial deadline under section (1) by striking the item relating to section ‘‘(B) the procedure for consideration of the 402(d) for filing a claim under this title, or 404; and alleged violation shall not include any fur- any initial deadline for bringing a claim, (2) by redesignating the item relating to ther review of the claim by the hearing offi- complaint, or charge under the applicable di- section 403 as relating to section 404. cer as provided in section 403. rect provision, and then elects to change to SEC. 102. REFORM OF PROCESS FOR INITIATION ‘‘(3) PERIOD FOR FILING CIVIL ACTION.—The alternative procedures as described in para- OF PROCEDURES. period described in this paragraph with re- graph (2) or (3)(B), shall be considered to (a) INITIATION OF PROCEDURES.—Section 402 spect to a claim is the 70-day period which meet any initial deadline for the alternative (2 U.S.C. 1402) is amended to read as follows: begins on the date the covered employee files procedures. ‘‘SEC. 402. INITIATION OF PROCEDURES. the claim under section 402. ‘‘(5) APPLICATION.—This subsection shall ‘‘(a) CLAIM.— ‘‘(4) SPECIAL RULE FOR EMPLOYEES WHO FAIL take effect and shall apply as described in ‘‘(1) FILING OF CLAIM.—To commence a pro- TO STATE A CLAIM FOR WHICH RELIEF MAY BE section 153(c) of the Legislative Branch Ap- ceeding under this title, a covered employee GRANTED.—Notwithstanding paragraph (3), if propriations Act, 2018 (Public Law 115–141) alleging a violation of law made applicable a covered employee receives a written notice (except to the extent such section applies to under part A of title II shall file a claim with from the hearing officer under section any violation of section 210 or a provision of the Office. The Office shall not accept a 403(d)(2) that the employee has the right to an Act specified in section 210). claim which is filed after the deadline appli- file a civil action with respect to the claim ‘‘(e) RIGHTS OF PARTIES TO RETAIN PRIVATE cable under subsection (d). in accordance with section 408, the covered COUNSEL.—Nothing in this Act may be con- ‘‘(2) CONTENTS OF CLAIM.—The claim filed employee may file the civil action not later strued to limit the authority of any indi- under this section shall be made in writing than 90 days after receiving such written no- vidual (including a covered employee, the under oath or affirmation, shall describe the tice. head of an employing office, or an individual facts that form the basis of the claim and ‘‘(c) SPECIAL RULE FOR ARCHITECT OF THE who is alleged to have committed personally the violation that is being alleged, shall CAPITOL AND CAPITOL POLICE.—In the case of an act which consists of a violation of part A identify the employing office alleged to have an employee of the Office of the Architect of of title II) to retain counsel to protect the committed the violation or in which the vio- the Capitol or of the Capitol Police, the Of- interests of the individual at any point dur- lation is alleged to have occurred, and shall fice, after receiving a claim filed under sec- ing any of the procedures provided under this be in such form as the Office requires. tion 402, may recommend that the employee title for the consideration of an alleged vio- ‘‘(3) NO EFFECT ON ABILITY OF COVERED EM- use the grievance procedures of the Archi- lation of part A of title II, including as pro- PLOYEE TO SEEK INFORMATION FROM OFFICE OR tect of the Capitol or the Capitol Police for vided under section 415(d)(8) with respect to PURSUE RELIEF.—Nothing in paragraph (2), or resolution of the employee’s grievance for a individuals subject to a reimbursement re- subsection (b) or (c), may be construed to specific period of time. Any deadline in this quirement of section 415(d). limit the ability of a covered employee— Act relating to a claim for which the em- ‘‘(f) STANDARDS FOR ASSERTIONS MADE BY ‘‘(A) to contact the Office or any other ap- ployee is using the grievance procedures, PARTIES.—Any party in any of the proce- propriate office prior to filing a claim under that has not already passed by the first day dures provided under this title, as well as this section to seek information regarding of that specific period, shall be stayed during any counsel or other person representing a the employee’s rights under this Act and the that specific period. party in any of such procedures, shall have procedures available under this Act; ‘‘(d) ELECTION OF REMEDIES FOR LIBRARY OF an obligation to ensure that, to the best of ‘‘(B) in the case of a covered employee of CONGRESS.— the party’s knowledge, information, and be- an employing office of the House of Rep- ‘‘(1) DEFINITIONS.—In this subsection: lief, as formed after an inquiry which is rea- resentatives or Senate, to refer information

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.068 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7590 CONGRESSIONAL RECORD — SENATE December 13, 2018 regarding an alleged violation of part A of SEC. 103. PRELIMINARY REVIEW OF CLAIMS BY civil action with respect to the claim in ac- title II to the Committee on Ethics of the HEARING OFFICER. cordance with section 408. House of Representatives or the Select Com- (a) PRELIMINARY REVIEW DESCRIBED.—Title ‘‘(e) TRANSMISSION OF REPORT ON PRELIMI- mittee on Ethics of the Senate (as the case IV (2 U.S.C. 1401 et seq.), as amended by sec- NARY REVIEW OF CERTAIN CLAIMS TO CON- may be); or tion 101(c), is further amended by inserting GRESSIONAL ETHICS COMMITTEES.—In the case ‘‘(C) to file a civil action in accordance after section 402 the following new section: of a hearing officer’s report under subsection with section 401(b). ‘‘SEC. 403. PRELIMINARY REVIEW OF CLAIMS. (c) on the preliminary review of a claim al- leging a violation described in section ‘‘(a) PRELIMINARY REVIEW BY HEARING OF- ‘‘(b) INITIAL PROCESSING OF CLAIM.— 415(d)(1)(A), the hearing officer shall trans- FICER.— ‘‘(1) INTAKE AND RECORDING; NOTIFICATION mit the report to— ‘‘(1) APPOINTMENT.—Not later than 7 days TO EMPLOYING OFFICE.—Upon the filing of a ‘‘(1) the Committee on Ethics of the House after transmission to the employing office of claim by a covered employee under sub- of Representatives, in the case of such an act a claim pursuant to section 402(b), the Exec- section (a), the Office shall take such steps by a Member of the House of Representatives utive Director shall appoint a hearing officer as may be necessary for the initial intake (including a Delegate or Resident Commis- to conduct a preliminary review of the and recording of the claim, including pro- sioner to the Congress); or claim. viding each party with all relevant informa- ‘‘(2) the Select Committee on Ethics of the tion with respect to the rights of the party ‘‘(2) PROCESS FOR APPOINTMENT.—The Exec- Senate, in the case of such an act by a Sen- under this Act, and shall transmit imme- utive Director shall appoint a hearing officer ator.’’. diately a copy of the claim to the head of the under this subsection in the same manner (b) DEADLINE FOR REQUESTING HEARING employing office and the designated rep- and in accordance with the same require- AFTER PRELIMINARY REVIEW.—Section 405(a) resentative of that office. ments and procedures applicable to the ap- (2 U.S.C. 1405(a)) is amended to read as fol- ‘‘(2) SPECIAL NOTIFICATION REQUIREMENTS pointment of a hearing officer under section lows: FOR CLAIMS BASED ON ACTS BY MEMBERS OF 405(c). ‘‘(a) REQUIREMENT FOR HEARINGS TO COM- CONGRESS.— ‘‘(b) ASSESSMENTS REQUIRED.—In con- MENCE IN OFFICE.— ‘‘(A) IN GENERAL.—In the case of a claim al- ducting a preliminary review of a claim ‘‘(1) HEARING REQUIRED UPON REQUEST.—If, leging a violation described in subparagraph under this section, the hearing officer shall not later than 10 days after a hearing officer (B) which consists of a violation described in assess each of the following: submits the report on the preliminary review section 415(d)(1)(A) by an individual, upon ‘‘(1) Whether the claimant is a covered em- of a claim under section 403(c), a covered em- the filing of the claim under subsection (a), ployee authorized to obtain relief relating to ployee submits a request to the Executive the Office shall notify immediately such in- the claim under this title. Director for a hearing under this section, the dividual of the claim, the possibility that the ‘‘(2) Whether the office which is the subject Executive Director shall appoint an inde- individual may be required to reimburse the of the claim is an employing office under pendent hearing officer pursuant to sub- account described in section 415(a) for the re- this Act. section (c) to consider the claim and render imbursable portion of any award or settle- ‘‘(3) Whether the individual filing the a decision, and a hearing shall be com- ment in connection with the claim, and the claim has met the applicable deadlines for menced in the Office. right of the individual under section 415(d)(8) filing the claim under this title. ‘‘(2) EXCEPTIONS.—Paragraph (1) does not to intervene in any mediation, hearing, or ‘‘(4) The identification of factual and legal apply with respect to the claim if— civil action under this title with respect to issues involved with respect to the claim. ‘‘(A) the hearing officer’s report on the pre- the claim. ‘‘(5) The specific relief sought by the indi- liminary review of the claim under section ‘‘(B) VIOLATIONS DESCRIBED.—A violation vidual. 403(c) includes the determination that the in- described in this subparagraph is— ‘‘(6) Whether, on the basis of the assess- dividual filing the claim is not a covered em- ‘‘(i) harassment that is unlawful under sec- ments made under paragraphs (1) through ployee who has stated a claim for which re- tion 201(a) or 206(a); or (5), the individual filing the claim is a cov- lief may be granted under this title (as de- ‘‘(ii) intimidation, reprisal, or discrimina- ered employee who has stated a claim for scribed in section 403(d)); or tion that is unlawful under section 207 and is which, if the allegations contained in the ‘‘(B) the covered employee files a civil ac- taken against a covered employee because of claim are true, relief may be granted under tion as provided in section 408 with respect a claim alleging a violation described in this title. to the claim.’’. (c) PROHIBITING HEARING OFFICER CON- clause (i). ‘‘(7) The potential for the settlement of the claim without a formal hearing as provided DUCTING PRELIMINARY REVIEW FROM CON- ‘‘(c) USE OF SECURE ELECTRONIC REPORTING under section 405 or a civil action as pro- DUCTING HEARING.—Section 405(c) (2 U.S.C. AND TRACKING SYSTEM.— vided under section 408. 1405(c)) is amended by adding at the end the ‘‘(1) ESTABLISHMENT AND OPERATION OF SE- following new paragraph: ‘‘(c) REPORT ON REVIEW.— CURE SYSTEM.—The Office shall establish and ‘‘(3) PROHIBITING HEARING OFFICER CON- ‘‘(1) REPORT.—Not later than 30 days after DUCTING PRELIMINARY REVIEW FROM CON- operate a secure electronic reporting system a claim is filed under section 402, the hearing DUCTING HEARING.—The Executive Director through which a covered employee may ini- officer shall submit to the individual filing may not appoint a hearing officer to conduct tiate a proceeding under this title, and which the claim and the office which is the subject a hearing under this section with respect to will keep an electronic record of the date and of the claim a report on the preliminary re- a claim if the hearing officer conducted the time at which the proceeding is initiated and view conducted under this section, and shall preliminary review with respect to the claim will track all subsequent actions or pro- include in the report the hearing officer’s de- under section 403.’’. ceedings occurring with respect to the pro- termination as to whether the individual is a (d) DEADLINE FOR COMMENCEMENT OF HEAR- ceeding under this title. covered employee who has stated a claim for CCESSIBILITY TO ALL PARTIES.—The ING; PERMITTING ADDITIONAL TIME.—Section ‘‘(2) A which relief may be granted under this title system shall be accessible to all parties to 405(d) (2 U.S.C. 1405(d)) is amended by strik- (as described in paragraph (6) of subsection such actions or proceedings, but only until ing paragraph (2) and inserting the following: (b)). The submission of the report shall con- the completion of such actions or pro- ‘‘(2) commenced no later than 90 days after clude the preliminary review. ceedings. the Executive Director receives the covered ‘‘(2) EXTENSION OF DEADLINE.—The hearing SSESSMENT OF EFFECTIVENESS OF PRO- employee’s request for the hearing under ‘‘(3) A officer may (upon notice to the individual CEDURES.—The Office shall use the informa- subsection (a), except that, upon mutual filing the claim and the employing office tion contained in the system to make reg- agreement of the parties or for good cause, which is the subject of the claim) use an ad- ular assessments of the effectiveness of the the Office shall extend the time for com- ditional period of not to exceed 30 days to procedures under this title in providing for mencing a hearing for not more than an ad- conclude the preliminary review. the timely resolution of claims, and shall ditional 30 days; and’’. ‘‘(d) EFFECT OF DETERMINATION OF FAILURE submit semi-annual reports on such assess- (e) OTHER CONFORMING AMENDMENTS RE- TO STATE CLAIM FOR WHICH RELIEF MAY BE ments each year to the Committee on House LATING TO HEARINGS CONDUCTED BY OFFICE OF GRANTED.—If the hearing officer’s report on Administration of the House of Representa- CONGRESSIONAL WORKPLACE RIGHTS.—Section the preliminary review of a claim under sub- tives and the Committee on Rules and Ad- 405 (2 U.S.C. 1405) is amended as follows: section (c) includes the determination that ministration of the Senate. (1) In the heading, by striking ‘‘COMPLAINT the individual filing the claim is not a cov- AND’’. ‘‘(d) DEADLINE.—A covered employee may ered employee or has not stated a claim for (2) In subsection (c)(1), by striking ‘‘com- not file a claim under this section with re- which relief may be granted under this plaint’’ and inserting ‘‘request for a hearing spect to an allegation of a violation of law title— under subsection (a)’’. after the expiration of the 180-day period ‘‘(1) the individual (including an individual (3) In subsection (d) in the matter pre- which begins on the date of the alleged viola- who is a Library claimant, as defined in sec- ceding paragraph (1), by striking ‘‘com- tion.’’. tion 401(d)(1)) may not obtain a formal hear- plaint’’ and inserting ‘‘claim’’. (b) CLERICAL AMENDMENT.—The table of ing with respect to the claim as provided (4) In subsection (g), by striking ‘‘com- contents is amended by amending the item under section 405; and plaint’’ and inserting ‘‘claim’’. relating to section 402 to read as follows: ‘‘(2) the hearing officer shall provide the (f) OTHER CONFORMING AMENDMENT.—The individual and the Executive Director with a heading of section 414 (2 U.S.C. 1414) is ‘‘Sec. 402. Initiation of procedures.’’. written notice that the individual may file a amended by striking ‘‘OF COMPLAINTS’’.

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.068 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7591

(g) CLERICAL AMENDMENTS.—The table of which mediation has been agreed to in this scribed in subsection (a) (after making any contents, as amended by section 101(e), is section, that has not already passed by the deposit required under section 8432(f) of title further amended as follows: first day of the mediation period, shall be 5, United States Code) such amounts as may (1) By inserting after the item relating to stayed during the mediation period.’’. be necessary to reimburse the account de- section 402 the following new item: Subtitle B—Other Reforms scribed in subsection (a) for the reimbursable ‘‘Sec. 403. Preliminary review of claims.’’. SEC. 111. REQUIRING MEMBERS OF CONGRESS portion of the award or settlement described (2) By amending the item relating to sec- TO REIMBURSE TREASURY FOR in paragraph (1) if the individual has not re- tion 405 to read as follows: AMOUNTS PAID AS SETTLEMENTS imbursed the account as required under AND AWARDS IN CASES OF ACTS BY paragraph (1) prior to the expiration of the ‘‘Sec. 405. Hearing.’’. MEMBERS. (3) By amending the item relating to sec- 90-day period which begins on the date a pay- (a) MANDATING REIMBURSEMENT OF ment is made from the account for such an tion 414 to read as follows: AMOUNTS PAID.—Section 415 (2 U.S.C. 1415) is award or settlement. ‘‘Sec. 414. Settlement.’’. amended by adding at the end the following ‘‘(C) APPLICABLE COMMITTEE DEFINED.—In SEC. 104. AVAILABILITY OF MEDIATION DURING new subsection: PROCESS. ‘‘(d) REIMBURSEMENT BY MEMBERS OF CON- this paragraph, the term ‘applicable Com- (a) AVAILABILITY OF MEDIATION.—Section GRESS OF AMOUNTS PAID AS SETTLEMENTS mittee’ means— 404(a) (2 U.S.C. 1403(a)), as redesignated by AND AWARDS.— ‘‘(i) the Committee on House Administra- section 101(c), is amended to read as follows: ‘‘(1) REIMBURSEMENT REQUIRED FOR CERTAIN tion of the House of Representatives, in the ‘‘(a) AVAILABILITY OF MEDIATION.— VIOLATIONS.— case of an individual who, at the time of the ‘‘(1) NOTIFICATION REGARDING MEDIATION.— ‘‘(A) IN GENERAL.—Subject to subpara- withholding, is a Member of the House; or ‘‘(A) COVERED EMPLOYEE.—Upon receipt of graphs (B) and (D), if a payment is made ‘‘(ii) the Committee on Rules and Adminis- a claim under section 402, the Office shall no- from the account described in subsection (a) tration of the Senate, in the case of an indi- tify the covered employee who filed the for an award or settlement in connection vidual who, at the time of the withholding, claim about the process for mediation under with a claim alleging a violation described in is a Senator. this section and the deadlines applicable to subparagraph (C) committed personally by ‘‘(3) USE OF AMOUNTS IN THRIFT SAVINGS such mediation. an individual who, at the time of committing FUND AS SOURCE OF REIMBURSEMENT.— ‘‘(B) EMPLOYING OFFICE.—Upon trans- the violation, was a Member of the House of ‘‘(A) IN GENERAL.—If, by the expiration of mission to the employing office of the claim Representatives (including a Delegate or the 180-day period that begins on the date a pursuant to section 402(b), the Office shall Resident Commissioner to the Congress) or a payment is made from the account described notify the employing office about the proc- Senator, the individual shall reimburse the in subsection (a) for an award or settlement ess for mediation under this section and the account for the amount of the award or set- described in paragraph (1), an individual who deadlines applicable to such mediation. tlement for the claim involved. is subject to a reimbursement requirement of ‘‘(2) INITIATION.— ‘‘(B) CONDITIONS.—In the case of an award this subsection has not reimbursed the ac- ‘‘(A) IN GENERAL.—During the period de- made pursuant to a decision of a hearing of- count for the entire reimbursable portion as scribed in subparagraph (B), either the cov- ficer under section 405, or a court in a civil required under paragraph (1), withholding ered employee who filed a claim under sec- action, subparagraph (A) shall apply only if and transfers of amounts shall continue tion 402 or the employing office named in the the hearing officer or court makes a separate under paragraph (2) if the individual remains claim may file a request for mediation with finding that a violation described in subpara- employed in the same position, and the Exec- the Office, which shall promptly notify the graph (C) occurred which was committed utive Director of the Federal Retirement other party. If the other party agrees to the personally by an individual who, at the time Thrift Investment Board shall make a trans- request, the Office shall promptly assign a of committing the violation, was a Member fer described in subparagraph (B). mediator to the claim, and conduct medi- of the House of Representatives (including a ‘‘(B) TRANSFERS.—The transfer by such Ex- ation under this section. Delegate or Resident Commissioner to the ecutive Director is a transfer, from the ac- ‘‘(B) TIMING.—A covered employee or an Congress) or a Senator, and such individual count of the individual in the Thrift Savings employing office may file a request for medi- shall reimburse the account for the amount Fund to the account described in subsection ation under subparagraph (A) during the pe- of compensatory damages included in the (a), of an amount equal to the amount of riod beginning on the date that the covered award as would be available if awarded under that reimbursable portion of the award or employee or employing office, respectively, section 1977A(b)(3) of the Revised Statutes settlement, reduced by— receives a notification under paragraph (1) (42 U.S.C. 1981a(b)(3)) irrespective of the size ‘‘(i) any amount the individual has reim- regarding a claim under section 402 and end- of the employing office. In the case of a set- bursed, taking into account any amounts ing on the date on which a hearing officer tlement for a claim described in section withheld under paragraph (2); and issues a written decision relating to the 416(d)(3), subparagraph (A) shall apply only if ‘‘(ii) if the individual remains employed in claim under section 405(g) or the covered em- the conditions specified in section 416(d)(3) the same position, any amount that the indi- ployee files a civil action with respect to the for requesting reimbursement are met. vidual is scheduled to reimburse, taking into claim in accordance with section 408, as ap- ‘‘(C) VIOLATIONS DESCRIBED.—A violation account any amounts to be withheld under plicable. described in this subparagraph is— the individual’s timetable under paragraph ‘‘(3) FAILURE TO REQUEST OR ACCEPT MEDI- ‘‘(i) harassment that is unlawful under sec- (2). ATION TO HAVE NO EFFECT ON TREATMENT OF tion 201(a) or 206(a); or ‘‘(C) INITIATION OF TRANSFER.—Notwith- CLAIM.—The failure of a party to request me- ‘‘(ii) intimidation, reprisal, or discrimina- standing section 8435 of title 5, United States diation under this section with respect to a tion that is unlawful under section 207 and is Code, the Executive Director described in claim, or the failure of a party to agree to a taken against a covered employee because of subparagraph (A) shall make the transfer request for mediation under this section, a claim alleging a violation described in under subparagraph (A) upon receipt of a may not be taken into consideration under clause (i). written request to the Executive Director any procedure under this title with respect ‘‘(D) MULTIPLE CLAIMS.—If an award or set- from the Secretary of the Treasury, in the to the claim, including a preliminary review tlement is made for multiple claims, some of form and manner required by the Executive under section 403, a formal hearing under which do not require reimbursement under Director. section 405, or a civil action under section this subsection, the individual described in ‘‘(D) COORDINATION BETWEEN PAYROLL AD- 408.’’. subparagraph (A) shall only be required to MINISTRATOR AND THE EXECUTIVE DIRECTOR.— (b) REQUIRING PARTIES TO BE SEPARATED reimburse for the amount (referred to in this The payroll administrator and the Executive DURING MEDIATION AT REQUEST OF EM- Act as the ‘reimbursable portion’) that is— Director described in subparagraph (A) shall PLOYEE.—Section 404(b)(2) (2 U.S.C. ‘‘(i) described in subparagraph (A), subject carry out this paragraph in a manner that 1403(b)(2)), as redesignated by section 101(c), to subparagraph (B); and ensures the coordination of the withholding is amended by striking ‘‘meetings with the ‘‘(ii) included in the portion of the award and transferring of amounts under this para- parties separately or jointly’’ and inserting or settlement attributable to a claim requir- graph, in accordance with regulations pro- ‘‘meetings with the parties during which, at ing reimbursement. mulgated by the Board under section 303 and the request of any of the parties, the parties ‘‘(2) WITHHOLDING AMOUNTS FROM COM- such Executive Director. shall be separated,’’. PENSATION.— ‘‘(4) ADMINISTRATIVE WAGE GARNISHMENT OR (c) PERIOD OF MEDIATION.—Section 404(c) (2 ‘‘(A) ESTABLISHMENT OF TIMETABLE AND OTHER COLLECTION OF WAGES FROM A SUBSE- U.S.C. 1403(c)), as redesignated by section PROCEDURES BY COMMITTEES.—For purposes QUENT POSITION.— 101(c), is amended by striking the first 2 sen- of carrying out subparagraph (B), the appli- ‘‘(A) INDIVIDUAL SUBJECT TO GARNISHMENT tences and inserting the following: ‘‘The me- cable Committee shall establish a timetable OR OTHER COLLECTION.—Subparagraph (B) diation period shall be 30 days, beginning on and procedures for the withholding of shall apply to an individual who is subject to the first day after the second party agrees to amounts from the compensation of an indi- a reimbursement requirement of this sub- the request for the mediation. The mediation vidual who is a Member of the House of Rep- section if, at any time after the expiration of period may be extended for one additional resentatives or a Senator. the 270-day period that begins on the date a period of 30 days at the joint request of the ‘‘(B) DEADLINE.—The payroll administrator payment is made from the account described covered employee and employing office. Any shall withhold from an individual’s com- in subsection (a) for an award or settlement deadline in this Act relating to a claim for pensation and transfer to the account de- described in paragraph (1), the individual—

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.068 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7592 CONGRESSIONAL RECORD — SENATE December 13, 2018 ‘‘(i) has not reimbursed the account for the regulations promulgated by the Director and (including a Delegate or Resident Commis- entire reimbursable portion as required the Secretary. sioner to the Congress) or a Senator, or by a under paragraph (1), through withholdings or ‘‘(7) CERTIFICATION.—Once the Executive senior staff of the House of Representatives transfers under paragraphs (2) and (3); Director determines that an individual who or Senate, the Executive Director shall refer ‘‘(ii) is not serving in a position as a Mem- is subject to a reimbursement requirement of the claim to— ber of the House of Representatives or a Sen- this subsection has reimbursed the account ‘‘(A) the Committee on Ethics of the House ator; and described in subsection (a) for the entire re- of Representatives, in the case of a Member ‘‘(iii) is employed in a subsequent non-Fed- imbursable portion, the Executive Director or senior staff of the House; or eral position. shall prepare a certification that the indi- ‘‘(B) the Select Committee on Ethics of the ‘‘(B) GARNISHMENT OR OTHER COLLECTION OF vidual has completed that reimbursement, Senate, in the case of a Senator or senior WAGES.—On the expiration of that 270-day pe- and submit the certification to— staff of the Senate. riod, the amount of the reimbursable portion ‘‘(A) the Committees on House Administra- ‘‘(2) ACCESS TO RECORDS AND INFORMA- of an award or settlement described in para- tion and Ethics of the House of Representa- TION.—If the Executive Director refers a graph (1) (reduced by any amount the indi- tives, in the case of an individual who, at the claim to a Committee under paragraph (1), vidual has reimbursed, taking into account time of committing the act involved, was a the Executive Director shall provide the any amounts withheld or transferred under Member of the House of Representatives (in- Committee with access to the records of any paragraph (2) or (3)) shall be treated as a cluding a Delegate or Resident Commis- preliminary reviews, hearings, or decisions claim of the United States and transferred to sioner to the Congress); and of the hearing officers and the Board under the Secretary of the Treasury for collection. ‘‘(B) the Select Committee on Ethics of the this Act, and any information relating to an Upon that transfer, the Secretary of the Senate, in the case of an individual who, at award or settlement paid, in response to Treasury shall collect the claim, in accord- the time of committing the act involved, was such claim. ance with section 3711 of title 31, United a Senator. ‘‘(3) REVIEW BY SENATE ETHICS COMMITTEE States Code, including by administrative ‘‘(8) RIGHT TO INTERVENE.—An individual OF SETTLEMENTS OF CERTAIN CLAIMS.—After wage garnishment of the wages of the indi- who is subject to a reimbursement require- the receipt of a settlement agreement for a vidual described in subparagraph (A) from ment of this subsection shall have the un- claim that includes an allegation of a viola- the position described in subparagraph conditional right to intervene in any medi- tion described in section 415(d)(1)(C) com- (A)(iii). The Secretary of the Treasury shall ation, hearing, or civil action under this mitted personally by a Senator, the Select transfer the collected amount to the account title to protect the interests of the indi- Committee on Ethics of the Senate shall— described in subsection (a). vidual in the determination of whether an ‘‘(A) not later than 90 days after that re- ‘‘(5) NOTIFICATION TO OFFICE OF PERSONNEL award or settlement described in paragraph ceipt, review the settlement agreement; MANAGEMENT AND SECRETARY OF THE TREAS- (1) should be made, and the amount of any ‘‘(B) determine whether an investigation of URY.— such award or settlement, except that noth- the claim is warranted; and ‘‘(A) INDIVIDUAL SUBJECT TO ANNUITY OR SO- ing in this paragraph may be construed to ‘‘(C) if the Select Committee determines, CIAL SECURITY WITHHOLDING.—Subparagraph require the covered employee who filed the after the investigation, that the claim that (B) shall apply to an individual subject to a claim to be deposed by counsel for the indi- resulted in the settlement involved an actual reimbursement requirement of this sub- vidual in a deposition that is separate from violation described in section 415(d)(1)(C) section if, at any time after the expiration of any other deposition taken from the em- committed personally by the Senator, then the 270-day period described in paragraph ployee in connection with the hearing or the Select Committee shall notify the Exec- (4)(A), the individual— civil action. utive Director to request the reimbursement ‘‘(i) has not served in a position as a Mem- ‘‘(9) DEFINITIONS.—In this subsection: described in section 415(d) and include the ber of the House of Representatives or a Sen- ‘‘(A) NON-FEDERAL POSITION.—The term settlement in the report required by section ator during the preceding 90 days; and ‘non-Federal position’ means a position 301(l). ‘‘(ii) is not employed in a subsequent non- other than the position of an employee, as ‘‘(4) PROTECTION OF PERSONALLY IDENTIFI- Federal position. defined in section 2105(a) of title 5, United ABLE INFORMATION.—If a Committee to which ‘‘(B) ANNUITY OR SOCIAL SECURITY WITH- States Code. a claim is referred under paragraph (1) issues HOLDING.—If, at any time after the 270-day ‘‘(B) PAYROLL ADMINISTRATOR.—The term a report with respect to the claim, the Com- period described in paragraph (4)(A), the in- ‘payroll administrator’ means— mittee shall ensure that the report does not dividual described in subparagraph (A) has ‘‘(i) in the case of an individual who is a directly disclose the identity or position of not reimbursed the account described in sub- Member of the House of Representatives, the the individual who filed the claim. section (a) for the entire reimbursable por- Chief Administrative Officer of the House of ‘‘(5) COMMITTEE AUTHORITY TO PROTECT tion of the award or settlement described in Representatives, or an employee of the Of- IDENTITY OF A CLAIMANT.— paragraph (1) (as determined by the Sec- fice of the Chief Administrative Officer who ‘‘(A) AUTHORITY.—If a Committee to which retary of the Treasury), through is designated by the Chief Administrative Of- a claim is referred under paragraph (1) issues withholdings, transfers, or collections under ficer to carry out this subsection; or a report as described in paragraph (4) con- paragraphs (2) through (4), the Secretary of ‘‘(ii) in the case of an individual who is a cerning a Member of the House of Represent- the Treasury (after consultation with the Senator, the Secretary of the Senate, or an atives (including a Delegate or Resident payroll administrator)— employee of the Office of the Secretary of Commissioner to the Congress) or a Senator, ‘‘(i) shall notify the Director of the Office the Senate who is designated by the Sec- or a senior staff of the House of Representa- of Personnel Management, who shall take retary to carry out this subsection.’’. tives or Senate, the Committee may make such actions as the Director considers appro- (b) CONFORMING AMENDMENT.—Section an appropriate redaction to the information priate to withhold from any annuity payable 8437(e)(3) of title 5, United States Code, is or data included in the report if the Chair- to the individual under chapter 83 or chapter amended by inserting ‘‘an obligation of the man and Vice Chairman of the Committee 84 of title 5, United States Code, and transfer Executive Director to make a transfer under reach agreement— to the account described in subsection (a), section 415(d)(3) of the Congressional Ac- ‘‘(i) that including the information or data such amounts as may be necessary to reim- countability Act of 1995 (2 U.S.C. 1415(d)(3)),’’ considered for redaction may lead to the un- burse the account for the remainder of the before ‘‘or an obligation’’. intentional disclosure of the identity or posi- reimbursable portion of an award or settle- (c) EFFECTIVE DATE.—The amendments tion of a claimant; and ment described in paragraph (1); and made by subsections (a) and (b) shall apply ‘‘(ii) on the precise information or data to ‘‘(ii) shall (if necessary), notwithstanding with respect to claims made on or after the be redacted. section 207 of the Social Security Act (42 date of the enactment of this Act. ‘‘(B) NOTATION AND STATEMENT.—The re- U.S.C. 407), take such actions as the Sec- SEC. 112. AUTOMATIC REFERRAL TO CONGRES- port including any such redaction shall note retary of the Treasury considers appropriate SIONAL ETHICS COMMITTEES OF each redaction and include a statement that DISPOSITION OF CERTAIN CLAIMS to withhold from any payment to the indi- ALLEGING VIOLATIONS OF CON- the redaction was made solely for the pur- vidual under title II of the Social Security GRESSIONAL ACCOUNTABILITY ACT pose of avoiding such an unintentional dis- Act (42 U.S.C. 401 et seq.) and transfer to the OF 1995 INVOLVING MEMBERS OF closure of the identity or position of a claim- account described in subsection (a), such CONGRESS AND SENIOR STAFF. ant. amounts as may be necessary to reimburse Section 416(e) (2 U.S.C. 1416(e)) is amended ‘‘(C) RETENTION OF REPORTS.—The Com- the account for the remainder of the reim- to read as follows: mittee making a redaction in accordance bursable portion of an award or settlement ‘‘(e) AUTOMATIC REFERRAL TO CONGRES- with this paragraph shall retain a copy of described in paragraph (1). SIONAL ETHICS COMMITTEE OF DISPOSITIONS OF the report, without a redaction. ‘‘(6) COORDINATION BETWEEN OPM AND CLAIMS INVOLVING MEMBERS OF CONGRESS ‘‘(6) FINAL DISPOSITION DESCRIBED.—In this TREASURY.—The Director of the Office of AND SENIOR STAFF.— subsection, the ‘final disposition’ of a claim Personnel Management and the Secretary of ‘‘(1) REFERRAL.—Upon the final disposition means any of the following: the Treasury shall carry out paragraph (5) in under this title (as described in paragraph ‘‘(A) An order or agreement to pay an a manner that ensures the coordination of (6)) of a claim alleging a violation described award or settlement, including an agreement the withholding and transferring of amounts in section 415(d)(1)(C) committed personally reached pursuant to mediation under section under such paragraph, in accordance with by a Member of the House of Representatives 404.

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.068 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7593 ‘‘(B) A final decision of a hearing officer ‘‘Sec. 417. Option to request remote work as- (A) in subsection (h)(3), by striking ‘‘com- under section 405(g) that is no longer subject signment or paid leave of ab- plaint’’ each place it appears and inserting to review by the Board under section 406. sence during pendency of proce- ‘‘claim’’; and ‘‘(C) A final decision of the Board under dures.’’. (B) by adding at the end the following new section 406(e) that is no longer subject to ap- SEC. 114. MODIFICATION OF RULES ON CON- subsection: peal to the United States Court of Appeals FIDENTIALITY OF PROCEEDINGS. ‘‘(l) ANNUAL REPORTS ON AWARDS AND SET- for the Federal Circuit under section 407. (a) MEDIATION.—Section 416(b) (2 U.S.C. TLEMENTS.— ‘‘(D) A final decision in a civil action under 1416(b)) is amended by striking ‘‘All medi- ‘‘(1) IN GENERAL.—Subject to the rules section 408 that is no longer subject to ap- ation’’ and inserting ‘‘All information dis- issued by the applicable committee pursuant peal. cussed or disclosed in the course of any me- to paragraph (2): ‘‘(7) SENIOR STAFF DEFINED.—In this sub- diation’’. ‘‘(A) REQUIREMENT.—The Office shall pre- section, the term ‘senior staff’ means any in- (b) CLAIMS.—Section 416 (2 U.S.C. 1416), as pare and submit to Congress, and publish on dividual who, at the time a violation oc- amended by section 112 and subsection (a) of the public website of the Office, an annual curred, was required to file a report under this section, is further amended— report regarding payments from the account title I of the Ethics in Government Act of (1) by striking subsection (a); described in section 415(a) that were the re- 1978 (5 U.S.C. App. 101 et seq.).’’. (2) by redesignating subsections (b) sult of claims alleging a violation of part A SEC. 113. AVAILABILITY OF REMOTE WORK AS- through (f) as subsections (a) through (e), re- of title II (referred to in this subsection as SIGNMENT OR PAID LEAVE OF AB- spectively; ‘covered payments’). SENCE DURING PENDENCY OF PRO- (3) in subsection (b), as redesignated by ‘‘(B) REPORTING.—The reporting required CEDURES. paragraph (2) of this subsection, by striking under this paragraph shall— (a) IN GENERAL.—Title IV (2 U.S.C. 1401 et ‘‘subsections (d), (e), and (f)’’ and inserting ‘‘(i) for a covered payment, or the reim- seq.) is amended by adding at the end the fol- bursable portion of a covered payment, de- lowing new section: ‘‘subsections (c), (d), and (e)’’; and (4) by adding at the end the following: scribed in paragraph (2), conform to the re- ‘‘SEC. 417. OPTION TO REQUEST REMOTE WORK quirements of the rules issued by the appli- ASSIGNMENT OR PAID LEAVE OF AB- ‘‘(f) CLAIMS.—Nothing in this section may be construed to prohibit a covered employee cable committee under such paragraph; and SENCE DURING PENDENCY OF PRO- ‘‘(ii) for a covered payment, or the portion CEDURES. from disclosing the factual allegations un- of a covered payment, not described in para- ‘‘(a) OPTIONS FOR EMPLOYEES.— derlying the covered employee’s claim, or to graph (2)— ‘‘(1) REMOTE WORK ASSIGNMENT.—At the re- prohibit an employing office from disclosing ‘‘(I) include the amount of the covered pay- quest of a covered employee who files a the factual allegations underlying the em- ment or portion of the covered payment and claim alleging a violation of part A of title ploying office’s defense to the claim, in the information on the employing office in- II by the covered employee’s employing of- course of any proceeding under this title.’’. volved; and fice, during the pendency of any of the proce- SEC. 115. REIMBURSEMENT BY OTHER EMPLOY- ‘‘(II) identify each provision of part A of dures available under this title for consider- ING OFFICES OF LEGISLATIVE title II that was the subject of a claim re- ation of the claim, the employing office may BRANCH OF PAYMENTS OF CERTAIN sulting in the covered payment or portion of permit the covered employee to carry out AWARDS AND SETTLEMENTS. the covered payment. the employee’s responsibilities from a re- (a) REQUIRING REIMBURSEMENT.—Section ‘‘(C) REPORTING PERIODS AND DATES.—The mote location (referred to in this section as 415 (2 U.S.C. 1415), as amended by section 111, reporting required under this paragraph— ‘permitting a remote work assignment’) is further amended by adding at the end the ‘‘(i) for 2019, shall be submitted by the 60th where such relocation would have the effect following new subsection: day after the date on which the committees of materially reducing interactions between ‘‘(e) REIMBURSEMENT BY EMPLOYING OF- described in paragraph (2) issue the rules de- the covered employee and any person alleged FICES.— scribed in paragraph (2) and shall reflect cov- to have committed the violation, instead of ‘‘(1) NOTIFICATION OF PAYMENTS MADE FROM ered payments made in calendar year 2019; from a location of the employing office. ACCOUNT.—As soon as practicable after the and ‘‘(2) EXCEPTION FOR WORK ASSIGNMENTS RE- Executive Director is made aware that a ‘‘(ii) for 2020 and each subsequent calendar QUIRED TO BE CARRIED OUT ONSITE.—If, in the payment of an award or settlement under year, shall be submitted by January 31 of determination of the covered employee’s em- this Act has been made from the account de- that year and shall reflect covered payments ploying office, a covered employee who scribed in subsection (a) in connection with made in the previous calendar year. makes a request under this subsection can- a claim alleging a violation of section 201(a) ‘‘(2) RULES REGARDING REPORTING OF COV- not carry out the employee’s responsibilities or 206(a) by an employing office (other than ERED PAYMENTS FOR EMPLOYING OFFICES OF from a remote location or such relocation an employing office of the House of Rep- THE HOUSE AND EMPLOYING OFFICES OF THE would not have the effect described in para- resentatives or an employing office of the SENATE.— graph (1), the employing office may during Senate), the Executive Director shall notify ‘‘(A) IN GENERAL.—Not later than 180 days the pendency of the procedures described in the head of the employing office that the after the date of the enactment of this sub- paragraph (1)— payment has been made, and shall include in section, the Committee on House Adminis- ‘‘(A) grant a paid leave of absence to the the notification a statement of the amount tration of the House of Representatives and covered employee; of the payment. ‘‘(B) permit a remote work assignment and the Committee on Rules and Administration ‘‘(2) REIMBURSEMENT BY OFFICE.—Not later of the Senate shall each issue rules estab- grant a paid leave of absence to the covered than 180 days after receiving a notification employee; or lishing the content, format, and other re- from the Executive Director under paragraph quirements for the reporting required under ‘‘(C) make another workplace adjustment, (1), the head of the employing office involved or permit a remote work assignment, that paragraph (1)(B)(i) with respect to— shall transfer to the account described in ‘‘(i) any covered payment made for claims would have the effect of reducing inter- subsection (a), out of any funds available for actions between the covered employee and involving an employing office described in operating expenses of the office, a payment any of subparagraphs (A) through (C) of sec- any person alleged to have committed the equal to the amount specified in the notifi- violation described in paragraph (1). tion 101(a)(9) of the House of Representatives cation. or of the Senate, respectively; and ‘‘(3) ENSURING NO RETALIATION.—An em- ‘‘(3) TIMETABLE AND PROCEDURES FOR REIM- ‘‘(ii) the reimbursable portion of any such ploying office may not grant a covered em- BURSEMENT.—The head of an employing of- ployee’s request under this subsection in a covered payment for which there is a finding fice shall transfer a payment under para- requiring reimbursement under section manner which would constitute a violation graph (2) in accordance with such timetable of section 207. 415(d)(1)(B) from a Member of the House of and procedures as may be established under Representatives (including a Delegate or ‘‘(4) NO IMPACT ON VACATION OR PERSONAL regulations promulgated by the Office.’’. Resident Commissioner to the Congress) or a LEAVE.—In granting leave for a paid leave of (b) EFFECTIVE DATE.—The amendment Senator, respectively. absence under this section, an employing of- made by subsection (a) shall apply with re- ‘‘(B) APPLICABILITY.—The rules issued fice shall not require the covered employee spect to payments made under section 415 of under subparagraph (A)— to substitute, for that leave, any of the ac- the Congressional Accountability Act of 1995 ‘‘(i) by the Committee on House Adminis- crued paid vacation or personal leave of the (2 U.S.C. 1415) for claims filed on or after the tration of the House of Representatives shall covered employee. date of the enactment of this Act. ‘‘(b) EXCEPTION FOR ARRANGEMENTS SUB- apply to covered payments made for claims TITLE II—IMPROVING OPERATIONS OF JECT TO COLLECTIVE BARGAINING AGREE- involving employing offices described in sub- OFFICE OF CONGRESSIONAL WORK- MENTS.—Subsection (a) does not apply to the paragraph (A)(i) of the House; and extent that it is inconsistent with the terms PLACE RIGHTS ‘‘(ii) by the Committee on Rules and Ad- and conditions of any collective bargaining SEC. 201. REPORTS ON AWARDS AND SETTLE- ministration of the Senate shall apply to agreement which is in effect with respect to MENTS. covered payments made for claims involving an employing office.’’. (a) ANNUAL REPORTS ON AWARDS AND SET- employing offices described in subparagraph (b) CLERICAL AMENDMENT.—The table of TLEMENTS.— (A)(i) of the Senate. contents is amended by adding at the end of (1) REQUIRING SUBMISSION AND PUBLICATION ‘‘(3) PROTECTION OF IDENTITY OF INDIVID- the items relating to title IV the following OF REPORTS.—Section 301 (2 U.S.C. 1381) is UALS RECEIVING AWARDS AND SETTLEMENTS.— new item: amended— In preparing, submitting, and publishing the

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reports required under paragraph (1), the Of- ‘‘(c) METHODOLOGY.— ‘‘(II) the relative merits of securing private fice shall ensure that the identity or position ‘‘(1) IN GENERAL.—The Office shall conduct counsel, designating a non-attorney rep- of any claimant is not disclosed. each survey under this section in accordance resentative, or proceeding without represen- ‘‘(4) AUTHORITY TO PROTECT THE IDENTITY with methodologies established by the Of- tation for proceedings before the Office; OF A CLAIMANT.— fice. ‘‘(iii) advising and consulting with, on a ‘‘(A) IN GENERAL.—In carrying out para- ‘‘(2) CONFIDENTIALITY.—Under the meth- privileged and confidential basis, a covered graph (3), the Executive Director, in con- odologies established under paragraph (1), all employee who has been subject to a practice sultation with the Board, may make an ap- responses to all portions of the survey shall that may be a violation of part A of title II propriate redaction to the data included in be anonymous and confidential, and each re- regarding any claims the covered employee the report described in paragraph (1) if the spondent shall be told throughout the survey may have under title IV, the factual allega- Executive Director, in consultation with the that all responses shall be anonymous and tions that support each such claim, and the Board, determines that including the data confidential. relative merits of the procedural options considered for redaction may lead to the ‘‘(3) SURVEY FORM.—The Office shall limit available to the employee for each such identity or position of a claimant uninten- the use of any information code or informa- claim; tionally being disclosed. The report shall tion on the survey form that makes a re- ‘‘(iv) assisting, on a privileged and con- note each redaction and include a statement spondent to the survey, or the respondent’s fidential basis, a covered employee who that the redaction was made solely for the employing office, individually identifiable. seeks consideration under title IV of an alle- purpose of avoiding such an unintentional ‘‘(d) USE OF RESULTS OF SURVEYS.—The Of- gation of a violation of part A of title II in disclosure of the identity or position of a fice shall furnish the information obtained understanding the procedures, and the sig- claimant. from the surveys conducted under this sec- nificance of the procedures, described in title ‘‘(B) RECORDKEEPING.—The Executive Di- tion to the Committee on House Administra- IV, including— rector shall retain a copy of the report de- tion of the House of Representatives and the ‘‘(I) assisting or consulting with the cov- scribed in paragraph (1), without redactions. Committees on Homeland Security and Gov- ered employee regarding the drafting of a ‘‘(5) DEFINITION.—In this subsection, the ernmental Affairs and Rules and Administra- claim to be filed under section 402(a); and term ‘claimant’ means an individual who re- tion of the Senate. ‘‘(II) consulting with the covered employee ceived an award or settlement, or who made ‘‘(e) CONSULTATION WITH COMMITTEES.—The regarding the procedural options available to an allegation of a violation against an em- Office shall carry out this section, including the covered employee after a claim is filed, ploying office, under part A of title II.’’. establishment of methodologies and proce- and the relative merits of each option; and (2) EFFECTIVE DATE.—The amendment dures under subsection (c), in consultation ‘‘(v) informing, on a privileged and con- made by paragraph (1)(B) shall take effect on with the Committee on House Administra- fidential basis, a covered employee who has January 1, 2019. tion of the House of Representatives and the been subject to a practice that may be a vio- (b) REPORT ON AMOUNTS PREVIOUSLY Committees on Homeland Security and Gov- lation of part A of title II about the option PAID.— ernmental Affairs and Rules and Administra- of pursuing, in appropriate circumstances, a (1) IN GENERAL.—Not later than 30 days tion of the Senate.’’. complaint with the Committee on Ethics of after the date of the enactment of this Act, (b) CLERICAL AMENDMENT.—The table of the House of Representatives or the Select the Office of Congressional Workplace Rights contents is amended by adding at the end of Committee on Ethics of the Senate. shall submit to Congress and make available the items relating to title III the following ‘‘(C) CONTINUITY OF SERVICE.—Once a cov- to the public on the Office’s public website a new item: ered employee has accepted and received any services offered under this section from a report on all payments made with public ‘‘Sec. 307. Workplace climate surveys of em- confidential advisor appointed or designated funds (to include funds paid from the ac- ploying offices.’’. count described in section 415(a) of the Con- under paragraph (1), any other services re- SEC. 203. RECORD RETENTION. quested under this subsection by the covered gressional Accountability Act of 1995 (2 Section 301 (2 U.S.C. 1381), as amended by U.S.C. 1415(a)), an account of the House of employee shall be provided, to the extent section 201(a), is further amended by adding practicable, by the same confidential advi- Representatives or Senate, or any other ac- at the end the following new subsection: count of the Federal Government) prior to sor. ‘‘(m) RECORD RETENTION.—The Office shall ‘‘(3) QUALIFICATIONS.—A confidential advi- the date of the enactment of this Act for establish and maintain a program for the sor appointed or designated under paragraph awards and settlements in connection with permanent retention of its records, including (1) shall be a lawyer who— violations of section 201(a) of the Congres- the records of preliminary reviews, medi- ‘‘(A) is admitted to practice before, and is sional Accountability Act of 1995 (2 U.S.C. ations, hearings, and other proceedings con- in good standing with, the bar of a State of 1311(a)), or section 207 of such Act (2 U.S.C. ducted under title IV.’’. the United States, the District of Columbia, 1317), and shall include in the report the fol- SEC. 204. CONFIDENTIAL ADVISORS. or a territory of the United States; and lowing information: Section 302 (2 U.S.C. 1382) is amended— ‘‘(B) has experience representing clients in (A) The amount paid for each such award (1) by redesignating subsections (d) cases involving the workplace laws incor- or settlement. through (f) as subsections (e) through (g), re- porated by part A of title II. (B) The source of the public funds used for spectively; and ‘‘(4) INDIVIDUALS COVERED.—The services the award or settlement. (2) by inserting after subsection (c) the fol- described in paragraph (2) are available to (2) RULE OF CONSTRUCTION REGARDING IDEN- lowing: any covered employee (which, for purposes of TIFICATION OF HOUSE AND SENATE ACCOUNTS.— ‘‘(d) CONFIDENTIAL ADVISORS.— this subsection, shall include any staff mem- Nothing in paragraph (1)(B) may be con- ‘‘(1) IN GENERAL.—The Executive Director ber described in section 201(d) and any strued to require or permit the Office of Con- shall— former covered employee (including any such gressional Workplace Rights to report the ‘‘(A) appoint, and fix the compensation of, former staff member)), except that— account of any specific office of the House of and may remove, 1 or more confidential ad- ‘‘(A) a former covered employee may only Representatives or Senate as the source of visors to carry out the duties described in request such services if the practice that funds used for an award or settlement. this subsection; or may be a violation of part A of title II oc- (c) RULEMAKING POWERS.—Section 501 (2 ‘‘(B) designate 1 or more employees of the curred during the employment or service of U.S.C. 1431) is amended in the matter pre- Office to serve as a confidential advisor. the employee; and ceding paragraph (1) by inserting ‘‘, section ‘‘(2) DUTIES.— ‘‘(B) a covered employee described in this 301(l),’’ before ‘‘and 304(c)’’. ‘‘(A) VOLUNTARY SERVICES.—A confidential paragraph may only request such services SEC. 202. WORKPLACE CLIMATE SURVEYS OF EM- PLOYING OFFICES. advisor appointed or designated under para- before the expiration of the 180-day period graph (1) shall offer to provide to covered described in section 402(d). (a) REQUIRING SURVEYS.—Title III (2 U.S.C. 1381 et seq.) is amended by adding at the end employees described in paragraph (4) the ‘‘(5) RESTRICTIONS.—A confidential advisor the following new section: services described in subparagraph (B), appointed or designated under paragraph ‘‘SEC. 307. WORKPLACE CLIMATE SURVEYS OF which a covered employee may accept or de- (1)— EMPLOYING OFFICES. cline. ‘‘(A) shall not act as the designated rep- ‘‘(a) REQUIREMENT TO CONDUCT SECURE SUR- ‘‘(B) SERVICES.—The services referred to in resentative for any covered employee in con- VEYS.—Not later than 1 year after the date of subparagraph (A) are— nection with the covered employee’s partici- the enactment of this section, and every 2 ‘‘(i) informing, on a privileged and con- pation in any proceeding, including any pro- years thereafter, the Office shall conduct a fidential basis, a covered employee who has ceeding under this Act, any judicial pro- secure survey of employing offices under this been subject to a practice that may be a vio- ceeding, or any proceeding before any com- Act regarding the workplace environment of lation of part A of title II about the employ- mittee of Congress; such offices. Employee responses to the sur- ee’s rights under this Act; ‘‘(B) shall not offer or provide services de- vey shall be voluntary. ‘‘(ii) consulting, on a privileged and con- scribed in paragraph (2)(B) to a covered em- ‘‘(b) SPECIAL INCLUSION OF INFORMATION ON fidential basis, with a covered employee who ployee if the covered employee has des- SEXUAL HARASSMENT.—In each survey con- has been subject to a practice that may be a ignated an attorney representative in con- ducted under this section, the Office shall violation of part A of title II regarding— nection with the covered employee’s partici- survey respondents on attitudes regarding ‘‘(I) the roles, responsibilities, and author- pation in any proceeding under this Act, ex- sexual harassment. ity of the Office; and cept that a confidential advisor may provide

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.068 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7595 general assistance and information to such ‘‘(B) a former unpaid staff member, if the SEC. 304. NOTICES. attorney representative regarding this Act act that may be a violation of subsection (a) (a) REQUIRING EMPLOYING OFFICES TO POST and the role of the Office as the confidential occurred during the service of the former un- NOTICES.—Part E of title II (2 U.S.C. 1361) is advisor determines appropriate; and paid staffer for the employing office. amended by adding at the end the following: ‘‘(C) shall not serve as a mediator in any ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ‘‘SEC. 226. NOTICES. mediation conducted pursuant to section paragraph (1) may be construed to extend li- ‘‘(a) IN GENERAL.—Every employing office 404.’’. ability for a violation of subsection (a) to an shall post and keep posted (in conspicuous SEC. 205. GAO STUDY OF MANAGEMENT PRAC- employing office on the basis of an action places upon its premises where notices to TICES. taken by any person who is not under the su- covered employees are customarily posted) a (a) STUDY.—The Comptroller General of pervision or control of the employing office. notice provided by the Office that— the United States shall conduct a study of ‘‘(3) INTERN DEFINED.—For purposes of this ‘‘(1) describes the rights, protections, and the management practices of the Office of subsection, the term ‘intern’ means an indi- procedures applicable to covered employees Congressional Workplace Rights. vidual who performs service for an employ- of the employing office under this Act, con- (b) REPORT TO CONGRESS.—Not later than ing office which is uncompensated by the cerning violations described in subsection 180 days after the date of the enactment of United States to earn credit awarded by an (b); and this Act, the Comptroller General of the educational institution or to learn a trade or ‘‘(2) includes contact information for the United States shall submit to Congress a re- occupation, and includes any individual par- Office. port on the study conducted under sub- ticipating in a page program operated by any ‘‘(b) VIOLATIONS.—A violation described in section (a), and shall include in the report House of Congress.’’. this subsection is— such recommendations as the Comptroller (b) TECHNICAL CORRECTION RELATING TO OF- ‘‘(1) discrimination prohibited by section General considers appropriate for improve- FICE RESPONSIBLE FOR DISBURSEMENT OF PAY 201(a) (including, in accordance with section ments to the management practices of the TO HOUSE EMPLOYEES.—Section 101(7) (2 102(c), discrimination prohibited by title II Office of Congressional Workplace Rights. U.S.C. 1301(7)) is amended by striking ‘‘dis- of the Genetic Information Nondiscrimina- SEC. 206. GAO AUDIT OF CYBERSECURITY. bursed by the Clerk of the House of Rep- tion Act of 2008 (42 U.S.C. 2000ff et seq.)) or (a) AUDIT.—The Comptroller General of the resentatives’’ and inserting ‘‘disbursed by 206(a); and United States shall conduct an audit of the the Chief Administrative Officer of the ‘‘(2) a violation of section 207 that is re- cybersecurity systems and practices of the House of Representatives’’. lated to discrimination described in para- Office of Congressional Workplace Rights. graph (1).’’. (b) REPORT TO CONGRESS.—Not later than SEC. 303. CLARIFICATION OF TREATMENT OF LI- (b) CLERICAL AMENDMENT.—The table of 180 days after the date of the enactment of BRARY OF CONGRESS VISITORS. contents is amended by adding at the end of this Act, the Comptroller General of the (a) CLARIFICATION.—Section 210 (2 U.S.C. the items relating to part E of title II the United States shall submit to Congress a re- 1331) is amended— following new item: port on the audit conducted under subsection (1) by redesignating subsection (h) as sub- ‘‘Sec. 226. Notices.’’. (a), and shall include in the report such rec- section (i); and SEC. 305. CLARIFICATION OF COVERAGE OF EM- ommendations as the Comptroller General (2) by inserting after subsection (g) the fol- PLOYEES OF HELSINKI AND CHINA considers appropriate for improvements to lowing: COMMISSIONS. the cybersecurity systems and practices of ‘‘(h) ELECTION OF REMEDIES RELATING TO (a) CLARIFICATION OF COVERAGE.—Section the Office of Congressional Workplace RIGHTS TO PUBLIC SERVICES AND ACCOMMODA- 101 (2 U.S.C. 1301), as amended by section Rights. TIONS FOR LIBRARY VISITORS.— 302(b), is further amended— TITLE III—MISCELLANEOUS REFORMS ‘‘(1) DEFINITION OF LIBRARY VISITOR.—In (1) by striking ‘‘Except as otherwise’’ and SEC. 301. APPLICATION OF GENETIC INFORMA- this subsection, the term ‘Library visitor’ inserting ‘‘(a) IN GENERAL.—Except as other- TION NONDISCRIMINATION ACT OF means an individual who is eligible to bring wise’’; and 2008. a claim for a violation under title II or III of (2) by adding at the end the following new Section 102 (2 U.S.C. 1302) is amended by the Americans with Disabilities Act of 1990 subsection: adding at the end the following: (other than a violation for which the exclu- ‘‘(b) CLARIFICATION OF COVERAGE OF EM- ‘‘(c) GENETIC INFORMATION NONDISCRIMINA- sive remedy is under section 201) against the PLOYEES OF CERTAIN COMMISSIONS.— TION ACT OF 2008.— Library of Congress. ‘‘(1) COVERAGE.—With respect to the China ‘‘(1) IN GENERAL.—The provisions of this ‘‘(2) ELECTION OF REMEDIES.— Review Commission, the Congressional-Exec- Act that apply to a violation of section ‘‘(A) IN GENERAL.—A Library visitor who utive China Commission, and the Helsinki 201(a)(1) shall be considered to apply to a vio- alleges a violation of subsection (b) by the Commission— lation of title II of the Genetic Information Library of Congress may, subject to subpara- ‘‘(A) any individual who is an employee of Nondiscrimination Act of 2008 (42 U.S.C. graph (B)— such Commission shall be considered a cov- 2000ff et seq.), consistent with section 207(c) ‘‘(i) file a charge against the Library of ered employee for purposes of this Act; and of that Act (42 U.S.C. 2000ff–6(c)). Congress under subsection (d); or ‘‘(B) the Commission shall be considered an ‘‘(2) CONSTRUCTION.— ‘‘(ii) use the remedies and procedures set employing office for purposes of this Act. ‘‘(A) NO LIMITATION ON OTHER LAWS.—Noth- forth in section 717 of the Civil Rights Act of ‘‘(2) AUTHORITY TO PROVIDE LEGAL ASSIST- ing in this section limits the provisions of 1964 (42 U.S.C. 2000e–16), as provided under ANCE AND REPRESENTATION.—Subject to para- this Act that apply to a violation of a law section 510 (other than paragraph (5)) of the graph (3), legal assistance and representation described in subparagraph (B). Americans with Disabilities Act of 1990 (42 under this Act, including assistance and rep- ‘‘(B) OTHER LAWS.—A law described in this U.S.C. 12209). resentation with respect to the proposal or subparagraph is a law (even if not listed in ‘‘(B) TIMING.—A Library visitor that has acceptance of the disposition of a claim subsection (a) or this subsection) that explic- initiated proceedings under clause (i) or (ii) under this Act, shall be provided to the itly applies one or more provisions of this of subparagraph (A) may elect to change and China Review Commission, the Congres- Act to a violation.’’. initiate a proceeding under the other sional-Executive China Commission, and the SEC. 302. EXTENSION TO UNPAID STAFF OF clause— Helsinki Commission— RIGHTS AND PROTECTIONS AGAINST ‘‘(i) in the case of a Library visitor who ‘‘(A) by the Office of House Employment EMPLOYMENT DISCRIMINATION. first filed a charge pursuant to subparagraph Counsel of the House of Representatives, in (a) EXTENSION.—Section 201 (2 U.S.C. 1311) (A)(i), before the General Counsel files a the case of assistance and representation in is amended— complaint under subsection (d)(3); or connection with a claim filed under title IV (1) by redesignating subsection (d) as sub- ‘‘(ii) in the case of a Library visitor who (including all subsequent proceedings under section (e); and first initiated a proceeding under subpara- such title in connection with the claim) at a (2) by inserting after subsection (c) the fol- graph (A)(ii), before the Library visitor re- time when the chair of the Commission is a lowing new subsection: quests a hearing under the procedures of the Member of the House, and in the case of as- ‘‘(d) APPLICATION TO UNPAID STAFF.— Library of Congress described in such sub- sistance and representation in connection ‘‘(1) IN GENERAL.—Subsections (a) and (b) paragraph.’’. with any subsequent claim under title IV re- shall apply with respect to— lated to the initial claim where the subse- ‘‘(A) any staff member of an employing of- (b) CONFORMING AMENDMENT.—Section quent claim involves the same parties; or fice who carries out official duties of the em- 210(d)(2) (2 U.S.C. 1331(d)(2)) is amended by ‘‘(B) by the Office of Senate Chief Counsel ploying office but who is not paid by the em- striking ‘‘section 403’’ and inserting ‘‘section for Employment of the Senate, in the case of ploying office for carrying out such duties 404’’. assistance and representation in connection (referred to in this subsection as an ‘unpaid (c) EFFECTIVE DATE AND APPLICABILITY.— with a claim filed under title IV (including staff member’), including an intern, an indi- The amendments made by subsection (a) all subsequent proceedings under such title vidual detailed to an employing office, and shall take effect as if such amendments were in connection with the claim) at a time when an individual participating in a fellowship included in the enactment of section 153 of the chair of the Commission is a Senator, program, in the same manner and to the the Legislative Branch Appropriations Act, and in the case of assistance and representa- same extent as such subsections apply with 2018 (Public Law 115-141), and shall apply as tion in connection with any subsequent respect to a covered employee; and specified in section 153(c) of such Act. claim under title IV related to the initial

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.068 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7596 CONGRESSIONAL RECORD — SENATE December 13, 2018 claim where the subsequent claim involves paragraph (1) to the Committees described in (3) In section 101(a)(3)(H) (2 U.S.C. the same parties. such paragraph. 1301(a)(3)(H)), by striking ‘‘Office of Compli- ‘‘(3) DEFINITIONS.—In this subsection— ‘‘(c) EXCEPTION FOR OFFICES OF CON- ance’’ and inserting ‘‘Office of Congressional ‘‘(A) the term ‘China Review Commission’ GRESS.—This section does not apply to an Workplace Rights’’. means the United States-China Economic employing office of the House of Representa- (4) In section 101(a)(9)(D) (2 U.S.C. and Security Review Commission established tives or an employing office of the Senate.’’. 1301(a)(9)(D)), by striking ‘‘Office of Compli- under section 1238 of the Floyd D. Spence Na- (b) CLERICAL AMENDMENT.—The table of ance’’ and inserting ‘‘Office of Congressional tional Defense Authorization Act for Fiscal contents is amended— Workplace Rights’’. Year 2001 (22 U.S.C. 7002), as enacted into law (1) by redesignating the item relating to (5) In section 101(a)(10) (2 U.S.C. 1301(a)(10)), by section 1 of Public Law 106–398; section 509 as relating to section 510; and by striking ‘‘Office of Compliance’’ and in- ‘‘(B) the term ‘Congressional-Executive (2) by inserting after the item relating to serting ‘‘Office of Congressional Workplace China Commission’ means the Congres- section 508 the following new item: Rights’’. sional–Executive Commission on the Peo- ‘‘Sec. 509. Training and education programs (6) In section 101(a)(11) (2 U.S.C. 1301(a)(11)), ple’s Republic of China established under of employing offices.’’. by striking ‘‘Office of Compliance’’ and in- title III of the U.S.–China Relations Act of SEC. 307. SUPPORT FOR OUT-OF-AREA COVERED serting ‘‘Office of Congressional Workplace 2000 (Public Law 106–286; 22 U.S.C. 6911 et EMPLOYEES. Rights’’. seq.); and (a) IN GENERAL.—Title V (2 U.S.C. 1431 et (7) In section 101(a)(12) (2 U.S.C. 1301(a)(12)), ‘‘(C) the term ‘Helsinki Commission’ seq.), as amended by section 306(a), is further by striking ‘‘Office of Compliance’’ and in- means the Commission on Security and Co- amended— serting ‘‘Office of Congressional Workplace operation in Europe established under the (1) by redesignating section 510 as section Rights’’. Act entitled ‘An Act to establish a Commis- 511; and (8) In section 210(a)(9) (2 U.S.C. 1331(a)(9)), sion on Security and Cooperation in Europe’, (2) by inserting after section 509, as in- by striking ‘‘Office of Compliance’’ and in- approved June 3, 1976 (Public Law 94–304; 22 serted by section 306(a), the following: serting ‘‘Office of Congressional Workplace U.S.C. 3001 et seq.).’’. ‘‘SEC. 510. SUPPORT FOR OUT-OF-AREA COVERED Rights’’. (b) COVERAGE OF STENNIS CENTER.— EMPLOYEES. (9) In section 215(e)(1) (2 U.S.C. 1341(e)(1)), (1) TREATMENT OF EMPLOYEES AS COVERED ‘‘(a) IN GENERAL.—All covered employees by striking ‘‘Office of Compliance’’ and in- EMPLOYEES.—Section 101(a)(3) (2 U.S.C. whose location of employment is outside of serting ‘‘Office of Congressional Workplace 1301(a)(3)) is amended— the Washington, DC area (referred to in this Rights’’. (A) by striking ‘‘or’’ at the end of subpara- section as ‘out-of-area covered employees’) (10) In section 220(e)(2)(G) (2 U.S.C. graph (I); shall have equitable access to the resources 1351(e)(2)(G)), by striking ‘‘Office of Compli- (B) by striking the period at the end of and services provided by the Office and under ance’’ and inserting ‘‘Office of Congressional subparagraph (J) and inserting ‘‘; or’’; and this Act as is provided to covered employees Workplace Rights’’. (C) by adding at the end the following new who work in the Washington, DC area. (11) In the title heading of title III, by subparagraph: ‘‘(b) OFFICE OF CONGRESSIONAL WORKPLACE striking ‘‘OFFICE OF COMPLIANCE’’ and ‘‘(K) the John C. Stennis Center for Public RIGHTS.—The Office shall— inserting ‘‘OFFICE OF CONGRESSIONAL Service Training and Development.’’. ‘‘(1) establish a method by which out-of- WORKPLACE RIGHTS’’. (2) TREATMENT OF CENTER AS EMPLOYING OF- area covered employees may communicate (12) In section 304(c)(4) (2 U.S.C. 1384(c)(4)), FICE.—Section 101(a)(9)(D) (2 U.S.C. securely with the Office, which shall include by striking ‘‘Office of Compliance’’ and in- 1301(a)(9)(D)) is amended by striking ‘‘and an option for real-time audiovisual commu- serting ‘‘Office of Congressional Workplace the Office of Technology Assessment’’ and nication; and Rights’’. inserting the following: ‘‘the Office of Tech- ‘‘(2) provide guidance to employing offices (13) In section 304(c)(5) (2 U.S.C. 1384(c)(5)), nology Assessment, and the John C. Stennis regarding how each office can facilitate equi- by striking ‘‘Office of Compliance’’ and in- Center for Public Service Training and De- table access to the resources and services serting ‘‘Office of Congressional Workplace velopment’’. provided under this Act for its out-of-area Rights’’. (c) CONFORMING AMENDMENTS.—Paragraphs covered employees, including information re- (c) CLERICAL AMENDMENTS.—The table of (7) and (8) of section 101(a) (2 U.S.C. 1301(a)) garding the communication methods de- contents is amended— are each amended by striking ‘‘subpara- scribed in paragraph (1). (1) by amending the item relating to the graphs (C) through (I)’’ and inserting ‘‘sub- ‘‘(c) EMPLOYING OFFICES.—It is the sense of heading of title III to read as follows: paragraphs (C) through (K)’’. Congress that each employing office with ‘‘TITLE III—OFFICE OF CONGRESSIONAL (d) EFFECTIVE DATE.—The amendments out-of-area covered employees should use its WORKPLACE RIGHTS’’; AND made by this section shall take effect as if best efforts to facilitate equitable access to (2) by amending the item relating to sec- included in the enactment of the Congres- the resources and services provided under tion 301 to read as follows: sional Accountability Act of 1995. this Act for those employees.’’. ‘‘Sec. 301. Establishment of Office of Con- SEC. 306. TRAINING AND EDUCATION PROGRAMS (b) CLERICAL AMENDMENT.—The table of gressional Workplace Rights.’’. OF OTHER EMPLOYING OFFICES. contents, as amended by section 306(b), is (d) EFFECTIVE DATE; REFERENCES IN OTHER (a) REQUIRING OFFICES TO DEVELOP AND IM- amended— LAWS, RULES, AND REGULATIONS.—The PLEMENT PROGRAMS.—Title V (2 U.S.C. 1431 (1) by redesignating the item relating to amendments made by this section shall take et seq.) is amended— section 510 as relating to section 511; and effect on the date of the enactment of this (1) by redesignating section 509 as section (2) by inserting after the item relating to Act. Any reference to the Office of Compli- 510; and section 509, as inserted by section 306(b), the ance in any law, rule, regulation, or other of- (2) by inserting after section 508 the fol- following new item: ficial paper in effect as of such date shall be lowing new section: ‘‘Sec. 510. Support for out-of-area covered considered to refer and apply to the Office of ‘‘SEC. 509. TRAINING AND EDUCATION PROGRAMS employees.’’. Congressional Workplace Rights. OF EMPLOYING OFFICES. SEC. 308. RENAMING OFFICE OF COMPLIANCE AS ‘‘(a) REQUIRING OFFICES TO DEVELOP AND OFFICE OF CONGRESSIONAL WORK- TITLE IV—EFFECTIVE DATE IMPLEMENT PROGRAMS.—Each employing of- PLACE RIGHTS. SEC. 401. EFFECTIVE DATE. fice shall develop and implement a program (a) RENAMING.—Section 301 (2 U.S.C. 1381) is (a) IN GENERAL.—Except as otherwise pro- to train and educate covered employees of amended— vided in this Act, this Act and the amend- the office in the rights and protections pro- (1) in the section heading, by striking ‘‘OF- ments made by this Act shall take effect vided under this Act, including the proce- FICE OF COMPLIANCE’’ and inserting ‘‘OFFICE upon the expiration of the 180-day period dures available under title IV to consider al- OF CONGRESSIONAL WORKPLACE RIGHTS’’; and which begins on the date of the enactment of leged violations of this Act. (2) in subsection (a), by striking ‘‘Office of this Act. ‘‘(b) REPORT TO COMMITTEES.— Compliance’’ and inserting ‘‘Office of Con- (b) NO EFFECT ON PENDING PROCEEDINGS.— ‘‘(1) IN GENERAL.—Not later than 45 days gressional Workplace Rights’’. Nothing in this Act or the amendments made after the beginning of each Congress (begin- (b) CONFORMING AMENDMENTS TO CONGRES- by this Act may be construed to affect any ning with the One Hundred Seventeenth Con- SIONAL ACCOUNTABILITY ACT OF 1995.—The proceeding or payment of an award or settle- gress), each employing office shall submit a Congressional Accountability Act of 1995, as ment relating to a claim under title IV of report to the Committee on House Adminis- amended by section 305(a), is further amend- the Congressional Accountability Act of 1995 tration of the House of Representatives and ed as follows: (2 U.S.C. 1401 et seq.) which is pending as of the Committee on Rules and Administration (1) In section 101(a)(1) (2 U.S.C. 1301(a)(1)), the date after that 180-day period. If, as of of the Senate on the implementation of the by striking ‘‘Office of Compliance’’ and in- that date, an employee has begun any of the program required under subsection (a). serting ‘‘Office of Congressional Workplace proceedings under that title that were avail- ‘‘(2) SPECIAL RULE FOR FIRST REPORT.—Not Rights’’. able to the employee prior to that date, the later than 180 days after the date of the en- (2) In section 101(a)(2) (2 U.S.C. 1301(a)(2)), employee may complete, or initiate and actment of the Congressional Accountability by striking ‘‘Office of Compliance’’ and in- complete, all such proceedings, and such pro- Act of 1995 Reform Act, each employing of- serting ‘‘Office of Congressional Workplace ceedings shall remain in effect with respect fice shall submit the report described in Rights’’. to, and provide the exclusive proceedings for,

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.068 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7597 the claim involved until the completion of (8) demands that all parties seek an imme- on any covered nomination other than for a all such proceedings. diate cease-fire and negotiated political solu- position described in section 5312 of title 5, tion to the Yemen conflict and increased hu- United States Code, debate shall be limited By Mr. CORKER (for himself, Mr. manitarian assistance to the victims of the to not more than 2 hours.’’ after ‘‘consent.’’; MCCONNELL, Mr. RUBIO, Mr. conflict; and PORTMAN, Mrs. ERNST, Mr. (9) condemns the Government of Iran’s pro- (2) by adding at the end the following: BOOZMAN, Mr. CRAPO, Mr. vision of advanced lethal weapons to Houthi ‘‘8. (a) In paragraph (1)— TOOMEY, Mr. GARDNER, Mr. rebels, which have perpetuated the conflict ‘‘(1) the term ‘basic requirements’ means— and have been used indiscriminately against ‘‘(A) an agreement with the Office of Gov- ISAKSON, Mr. SANDERS, Mr. civilian targets in Saudi Arabia, the United ernment Ethics; KAINE, and Mr. REED): Arab Emirates, and the Bab al Mandeb wa- ‘‘(B) a financial disclosure form; S.J. Res. 69. A joint resolution sup- terway; ‘‘(C) a background check conducted by the porting a Diplomatic Solution in (10) condemns Houthi rebels for egregious Federal Bureau of Investigation; Yemen and Condemning the Murder of human rights abuses, including torture, use ‘‘(D) responses to a questionnaire of each Jamal Khashoggi; considered and of human shields, and interference with, and relevant committee; passed. diversion of, humanitarian aid shipments; ‘‘(E) tax forms, if required by a relevant S.J. RES. 69 (11) demands that the Saudi-led coalition committee; and Whereas the ongoing civil war in Yemen and all parties to the Yemen conflict seek to ‘‘(F) any other requirements of a relevant has exacerbated that country’s humani- minimize civilian casualties at all times; committee; and tarian crisis, in which nearly 12,000,000 peo- (12) supports the peace negotiations cur- ‘‘(2) the term ‘covered nomination’ means ple are suffering from ‘‘severe hunger,’’ ac- rently being managed by United Nations a nomination of an individual to a position cording to the United Nations’ World Food Special Envoy Martin Griffiths and encour- in an executive agency, as defined in section Programme; ages the United States Government to pro- 105 of title 5, United States Code.’’. vide all possible support to these diplomatic Whereas there is no military solution to f the conflict; efforts; Whereas the United States-Saudi Arabia (13) declares that there is no statutory au- SENATE RESOLUTION 725—MODI- relationship is important to United States thorization for United States involvement in FYING EXTENDED DEBATE IN national security and economic interests; hostilities in the Yemen civil war; and THE SENATE TO IMPROVE THE (14) supports the end of air-to-air refueling Whereas the Government of the Kingdom LEGISLATIVE PROCESS of Saudi Arabia has, in recent years, engaged of Saudi-led coalition aircraft operating in in concerning behavior, including its conduct Yemen. Mr. MERKLEY submitted the fol- in the civil war in Yemen, apparent deten- f lowing resolution; which was referred tion of the Prime Minister of Lebanon, un- SUBMITTED RESOLUTIONS to the Committee on Rules and Admin- dermining the unity of the Gulf Cooperation istration: Council, expulsion of the Canadian ambas- S. RES. 725 sador, suppression of dissent within the SENATE RESOLUTION 724—AMEND- Kingdom, and the murder of Jamal Resolved, Khashoggi; ING RULE XXXI OF THE STAND- SECTION 1. EXTENDED DEBATE. Whereas misleading statements by the ING RULES OF THE SENATE TO Paragraph 2 of rule XXII of the Standing Government of the Kingdom of Saudi Arabia LIMIT THE TIME DURING WHICH Rules of the Senate is amended by striking regarding the murder of Jamal Khashoggi A NOMINATION SHALL BE CON- the second undesignated paragraph and in- have undermined trust and confidence in the FIRMED OR REJECTED, AND FOR serting the following: longstanding friendship between the United OTHER PURPOSES ‘‘ ‘Is it the sense of the Senate that the de- States and the Kingdom of Saudi Arabia; and bate shall be brought to a close?’ And unless Whereas such erratic actions place unnec- Mr. MERKLEY submitted the fol- that question shall be decided in the nega- essary strain on the United States-Saudi lowing resolution; which was referred tive by one more than two-fifths of the Sen- Arabia relationship, which is an essential to the Committee on Rules and Admin- ators duly chosen and sworn (except on a element of regional stability: Now, there- istration: measure or motion to amend the Senate fore, be it rules, in which case the necessary vote shall S. RES. 724 Resolved by the Senate and House of Rep- be two-thirds of the Senators present and resentatives of the United States of America in Resolved, voting in the affirmative, a quorum being Congress assembled, That the Senate— SECTION 1. PROCEEDINGS ON NOMINATIONS. present), then cloture has been invoked. (1) believes Crown Prince Mohammed bin Rule XXXI of the Standing Rules of the ‘‘If that question is on disposition of a bill Salman is responsible for the murder of Senate is amended by— or joint resolution, a resolution or concur- Jamal Khashoggi; (1) in paragraph (1), by inserting ‘‘A cov- rent resolution, a substitute amendment for (2) acknowledges the United States Gov- ered nominee shall submit the basic require- a bill or resolution, a motion with respect to ernment has sanctioned 17 Saudi individuals ments to the appropriate committee within amendments between the Houses, a con- under the Global Magnitsky Human Rights 30 legislative days of the covered nomination ference report, or advice and consent to a Accountability Act (subtitle F of title XII of being transmitted to the Senate. The appro- nomination or treaty, and if such question Public Law 114–328; 22 U.S.C. 2656 note) for priate committee shall vote on the covered shall be decided in the affirmative by a ma- their roles in the murder; nomination within 30 legislative days of re- jority of Senators voting, a quorum being (3) calls for the Government of the King- ceipt of the basic requirements. By agree- present, and in the negative by more than dom of Saudi Arabia to ensure appropriate ment of the chairman and ranking minority two-fifths of the Senators duly chosen and accountability for all those responsible for member, the committee may extend or sus- sworn (or in the affirmative by less than Jamal Khashoggi’s murder; pend the deadline on the committee to vote. two-thirds of the Senators voting, a quorum (4) calls on the Government of Saudi Ara- If the committee does not hold a vote, the being present, in the case of a measure or bia to release Raif Badawi, Samar Badawi, nominee is deemed reported to the full Sen- motion to amend the Senate rules), then it and the Saudi women’s rights activists who ate. For a covered nomination for a position shall be in order for the Majority Leader (or were arrested as political prisoners in 2018; described in section 5312 of title 5, United his or her designee) to initiate a period of ex- (5) encourages the Government of Saudi States Code, the Senate shall vote on the tended debate upon the measure, motion, or Arabia to redouble its efforts to enact eco- covered nomination within 40 legislative other matter pending before the Senate, or nomic and social reforms; days of the committee reporting the covered the unfinished business, in relation to which (6) calls on the Government of the King- nomination. For a covered nomination other the motion to close debate was offered, in dom of Saudi Arabia to respect the rights of than for a position described in section 5312 which case the period of extended debate its citizens and moderate its increasingly er- of title 5, United States Code, if not fewer shall begin one hour later. ratic foreign policy; than 10 Senators, within 30 legislative days ‘‘During a period of extended debate, such (7) warns that the Government of the King- of the committee reporting on the covered measure, motion, or other matter pending dom of Saudi Arabia’s increasing purchases nomination, have submitted written requests before the Senate, or the unfinished busi- of military equipment from, and cooperation for the record that the covered nomination ness, shall be the unfinished business to the with, the Russian Federation and the Peo- be considered by the full Senate in executive exclusion of all other business, except on ac- ple’s Republic of China, challenges the session within 40 days of the committee re- tion or motion by the Majority Leader (or strength and integrity of the long-standing porting the covered nomination, the Senate his or her designee). military-to-military relationship between shall vote on the covered nomination. If the ‘‘During a period of extended debate it the United States and the Kingdom of Saudi covered nomination is not confirmed or re- shall not be in order for a Senator other than Arabia and may introduce significant na- jected within 40 days of the committee re- the Majority Leader (or his or her designee) tional security and economic risks to both porting the covered nomination, the nomina- to raise a question as to the presence of a parties; tion shall be deemed to be confirmed. Debate quorum, except immediately prior to a vote

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.068 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7598 CONGRESSIONAL RECORD — SENATE December 13, 2018 or when it has been more than forty-eight S. RES. 727 SENATE RESOLUTION 728—AMEND- hours since a quorum was demonstrated. If Resolved, ING RULE XXII OF THE STAND- upon a roll call it shall be ascertained that ING RULES OF THE SENATE TO a quorum is not present, then the Senate SECTION 1. CONSIDERATION OF CHANGES TO LIMIT DEBATE ON MOTIONS TO shall adjourn to a time previously decided by RULES FOR THE PROCEEDINGS OF order of the Senate or, if no such time has THE SENATE. PROCEED been established, then to a time certain de- Rule V of the Standing Rules of the Senate Mr. MERKLEY submitted the fol- termined by the Majority Leader, after con- is amended— lowing resolution; which was referred sultation with the Minority Leader. (1) by redesignating paragraphs 1 and 2 as to the Committee on Rules and Admin- ‘‘During a period of extended debate a mo- paragraphs 5 and 6, respectively; istration: tion to adjourn or recess shall not be in (2) by inserting before paragraph 5 (as re- order, unless made by the Majority Leader designated) the following: S. RES. 728 (or his or her designee) or if the absence of a ‘‘1.(a) At the beginning of a new Congress, Resolved, quorum has been demonstrated. Notwith- the first matters considered by the Senate SECTION 1. LIMITING DEBATE ON MOTIONS TO standing paragraph 1 of rule XIX, there shall (other than a resolution described in sub- PROCEED UNDER RULE XXII. be no limit to the number of times a Senator paragraph (b)) shall be a resolution appoint- Rule XXII of the Standing Rules of the may speak upon any question during a pe- ing majority and minority members of the Senate is amended by— riod of extended debate. Committee on Rules and Administration of (1) redesignating paragraphs (2) and (3) as ‘‘If, during the course of extended debate, the Senate and a resolution amending or paragraphs (3) and (4), respectively; and the Presiding Officer puts any question to a adopting rules for the proceedings of the (2) by inserting after paragraph (1) the fol- vote, the Majority Leader (or his or her des- Senate. No other matter shall be in order, lowing: ignee) may postpone any such vote, which except by unanimous consent, until the Sen- ‘‘2. Other than a motion made during the shall occur at a time determined by the Ma- ate has agreed to a resolution amending or first 2 hours of a new legislative day, as de- jority Leader, after consultation with the adopting rules for the proceedings of the scribed in paragraph 2 of rule VIII, consider- Minority Leader, but not later than the time Senate. ation of a motion to proceed to the consider- at which a quorum is next demonstrated. ‘‘(b) A resolution described in this subpara- ation of any debatable matter, including ‘‘If at any time during a period of extended consideration of any debatable motion or ap- debate no Senator seeks recognition, then graph is a resolution— ‘‘(1) informing the President that a quorum peal in connection therewith, shall be lim- the Presiding Officer shall inquire as to ited to not more than 2 hours, to be divided whether any Senator seeks recognition. If no of each House is assembled; ‘‘(2) informing the House of Representa- equally between the majority and the minor- Senator seeks recognition, then the Pre- ity. This paragraph shall not apply to mo- siding Officer shall again put the question as tives that a quorum of the Senate is assem- bled; tions considered nondebatable by the Senate to bringing debate to a close (and the Major- pursuant to rule or precedent.’’. ity Leader or his or her designee may post- ‘‘(3) electing the President pro tempore of pone such vote in accordance with the pre- the Senate and notifying the President and f ceding paragraph), which shall be decided the House of Representatives of such elec- SENATE RESOLUTION 729—AMEND- without further debate or intervening mo- tion; ‘‘(4) fixing the hour of the daily meeting of ING RULE XV OF THE STANDING tion. If that question shall be decided in the RULES OF THE SENATE TO PRO- affirmative by a majority of Senators voting, the Senate; a quorum being present, then cloture has ‘‘(5) electing the Secretary of the Senate VIDE FOR CONSIDERATION OF A been invoked and the period of extended de- and notifying the President and the House of MINIMUM NUMBER OF AMEND- bate has ended. If that question shall be de- Representatives of such election; MENTS cided in the negative by a majority of Sen- ‘‘(6) electing a Sergeant at Arms and Door- keeper of the Senate and notifying the Presi- Mr. MERKLEY submitted the fol- ators voting, a quorum being present, then lowing resolution; which was referred the period of extended debate has ended. dent and the House of Representatives of ‘‘If cloture is invoked, then the measure, such election; or to the Committee on Rules and Admin- motion, other matter pending before the ‘‘(7) electing Secretaries for the Majority istration: Senate, or the unfinished business, in rela- and Minority of the Senate. S. RES. 729 tion to which the motion to close debate was ‘‘2. At the beginning of a new Congress, and Resolved, offered, shall remain the unfinished business until the Senate has agreed to a resolution SECTION 1. GUARANTEED AMENDMENTS. to the exclusion of all other business until adopting or amending rules for the pro- Rule XV of the Standing Rules of the Sen- disposed of.’’. ceedings of the Senate, if the Committee on ate is amended by adding at the end the fol- Rules and Administration reports to the full f lowing: Senate a resolution amending or adopting ‘‘6.(a) During the consideration of any bill, SENATE RESOLUTION 726—AMEND- rules for the proceedings of the Senate, the resolution, or other amendable matter, it ING RULE XXVIII OF THE Senate shall immediately proceed to consid- shall be in order for the Senate to consider STANDING RULES OF THE SEN- eration of the resolution. not less than 5 amendments offered by mem- ATE TO PROVIDE FOR TIMELY ‘‘3. On and after the third day of session of bers of the majority and not less than 5 ESTABLISHMENT OF CON- the Senate, if the Committee on Rules has amendments offered by members of the mi- FERENCE COMMITTEES not reported to the full Senate a resolution nority. If a motion to invoke cloture under Mr. MERKLEY submitted the fol- amending or adopting rules for the pro- the provisions of rule XXII is presented to ceedings of the Senate, it shall be in order the Senate, and fewer than the 5 amend- lowing resolution; which was referred for any Senator to introduce and imme- to the Committee on Rules and Admin- ments guaranteed to each of the minority diately move to proceed to consider a resolu- and the majority under this paragraph have istration: tion amending or adopting rules for the pro- been considered, then, notwithstanding the S. RES. 726 ceedings of the Senate. Consideration of such status of any pending amendments, it shall Resolved, a motion to proceed, including consideration be in order for as many members of the ma- SECTION 1. MOTIONS TO GO TO CONFERENCE. of any motions or appeals in connection jority as appropriate, and as many members Rule XXVIII of the Standing Rules of the therewith, shall be limited to 2 hours. of the minority as appropriate, to offer 1 Senate is amended by striking paragraph 2(b) ‘‘4. On and after the third day of session of amendment each, in alternating order, until and inserting the following: the Senate during which a resolution amend- in total 5 amendments offered by members of ‘‘(b) Consideration of a motion described in ing or adopting rules for the proceedings of the majority and 5 amendments offered by subparagraph (a), including consideration of the Senate is being considered, it shall be in members of the minority have been consid- any debatable motion or appeal in connec- order for any Senator to move to end debate ered. tion therewith, shall be limited to not more on such resolution. Consideration of such ‘‘(b) Amendments offered under this para- than 2 hours.’’. motion, including consideration of any mo- graph may only pertain to matter encom- f tion or appeal in connection therewith, shall passed by the title of the bill, resolution, or be limited to 2 hours. If such motion is de- other matter, except that 1 amendment of- SENATE RESOLUTION 727—PRO- cided in the affirmative, the Senate shall fered by a member of the majority and 1 VIDING FOR CONSIDERATION OF proceed immediately to vote on the resolu- amendment offered by a member of the mi- CHANGES TO RULES FOR THE tion adopting or amending rules for the pro- nority may be exempted from this require- PROCEEDINGS OF THE SENATE ceedings of the Senate, as amended if such ment. An amendment exempted from this re- resolution has been amended.’’; and quirement shall only be agreed to upon an Mr. MERKLEY submitted the fol- (3) in paragraph 5 (as redesignated), by affirmative vote of three-fifths of Senators lowing resolution; which was referred striking ‘‘No motion’’ and inserting ‘‘Other duly chosen and sworn. to the Committee on Rules and Admin- than at the beginning of a new Congress, no ‘‘(c) The majority leader and minority istration: motion’’. leader may, by mutual agreement, call up

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.069 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7599 additional amendments under the provisions (B) the Thousand Oaks community as the loss of loved ones from this ongoing of this paragraph. Such additional amend- community begins the long process of heal- epidemic. I call upon all of my Repub- ments shall be offered in equal number by ing and recovering from the tragedy; lican colleagues to work with us and do members of the majority and members of the (3) honors the lives and memories of the everything we can to prevent another minority, and may only pertain to subject victims lost in the tragedy; attack. matter encompassed by the title of the bill, (4) honors the families of the victims that resolution, or other matter. are now working to rebuild their lives; I also ask that each member of this ‘‘(d) Consideration by the Senate of an (5) recognizes the service of Ventura Coun- chamber remember the victims, their amendment offered under the provisions of ty Sheriff Sergeant Ron Helus, who was families, the survivors, and the entire this paragraph shall be limited to not more killed in the attack when bravely rushing community of Thousand Oaks, and con- than 2 hours, divided equally between the onto the scene to confront the shooter; tinue to hold them in their hearts. majority and the minority.’’. (6) applauds the dedication of the law en- Mr. President, I yield the floor. forcement officials, firefighters, and emer- f f gency medical teams who saved precious SENATE RESOLUTION 731—DESIG- SENATE RESOLUTION 730—CON- lives through service and care during and after the attack; and NATING DECEMBER 10, 2018, AS DEMNING THE TRAGIC MASS (7) reaffirms the continuing commitment ‘‘HUMAN RIGHTS DAY’’ AND REC- SHOOTING IN THOUSAND OAKS, of the Senate— OGNIZING THE 70TH ANNIVER- CALIFORNIA, SUPPORTING ALL (A) to protect the public safety of the peo- SARY OF THE UNIVERSAL DEC- OF THE PEOPLE IMPACTED BY ple of the United States; and LARATION OF HUMAN RIGHTS THE HORRIFIC EVENT, AND (B) to support the recovery of all of the THANKING LAW ENFORCEMENT, people impacted by the horrific attack in Mr. COONS (for himself, Mr. TILLIS, FIREFIGHTERS, AND EMER- Thousand Oaks, California. Mr. BLUMENTHAL, Mr. YOUNG, Mr. MAR- GENCY MEDICAL TEAMS FOR Mrs. FEINSTEIN. Mr. President, I KEY, Mr. ISAKSON, Mr. CASEY, Mr. RUBIO, Mr. MERKLEY, Mr. BOOZMAN, and THEIR COURAGEOUS EFFORTS rise to introduce a Senate Resolution Ms. KLOBUCHAR) submitted the fol- TO RESPOND TO THE ATTACK honoring the victims of the mass lowing resolution; which was consid- AND SAVE LIVES shooting in Thousand Oaks, California. On November 7, 2018, a shooter armed ered and agreed to: Mrs. FEINSTEIN (for herself and Ms. with a semiautomatic pistol and high- S. RES. 731 HARRIS) submitted the following reso- capacity ammunition magazine at- Whereas the Universal Declaration of lution; which was referred to the Com- tacked the Borderline Bar and Grill. Human Rights, adopted by the United Na- mittee on the Judiciary: Borderline is known as a popular meet- tions on December 10, 1948, represents the first comprehensive agreement among coun- S. RES. 730 ing place for residents and country Whereas, on November 7, 2018, a mass tries as to the specific rights and freedoms of music fans. That night was a ‘‘college all human beings; shooting took place at the Borderline Bar night,’’ and students had gathered and Grill in Thousand Oaks, California, Whereas the Universal Declaration of where residents and students were enjoying a there for a night of music and dancing. Human Rights upholds the basic principles of night of country music and dancing; What happened next was the dead- liberty and freedom enshrined in the Con- Whereas many individuals were wounded liest mass shooting in California since stitution of the United States and the Bill of and 12 innocent people were tragically killed the 2015 terror attack in San Rights; in the attack, including— Bernardino. Twelve people lost their Whereas the Declaration on the Right and Responsibility of Individuals, Groups and Or- (1) students; lives that night in Thousand Oaks. (2) a law enforcement officer; gans of Society to Promote and Protect Uni- They included students, military vet- versally Recognized Human Rights and Fun- (3) veterans; and erans, and 27 year old Telemachus (4) a survivor of the mass shooting that damental Freedoms (known as the ‘‘Declara- took place at the Route 91 Harvest Festival Orfanos, who was a survivor of the Oc- tion on Human Rights Defenders’’) was in Las Vegas, Nevada, in October 2017 and at tober 2017 mass shooting in Las Vegas. adopted by the United Nations General As- which 58 people were tragically killed; Just think about that for a moment. sembly on December 9, 1998; Whereas the people of California and the A survivor of the deadliest mass shoot- Whereas awareness of human rights— (1) is essential to the realization of funda- United States are thankful to law enforce- ing in our Nation’s history lost his life mental freedoms; ment officials, firefighters, and emergency in another mass shooting a year later. (2) promotes equality; medical teams for their quick response to Ventura County Sheriff Sergeant (3) contributes to preventing conflict and the shooting; Ron Helus also lost his life that night. human rights violations; and Whereas the attack was committed by a He was one of the first law enforcement (4) enhances participation in democratic gunman armed with smoke bombs and a processes; Glock semiautomatic pistol equipped with a officers on the scene, and he gave his Whereas Congress has a proud history of high-capacity ammunition magazine; life confronting the assailant and pro- promoting human rights that are inter- Whereas the shooting in Thousand Oaks is tecting his community. Thousand Oaks nationally recognized; and the deadliest mass shooting in the State of is one of the safest cities in America. If Whereas December 10 of each year is cele- California since the 2015 terror attack in San an attack like this can happen there, it brated around the world as ‘‘Human Rights Bernardino that took the lives of 14 people; can happen anywhere. Day’’: Now, therefore, be it Whereas Thousand Oaks is considered one This Resolution condemns the ter- Resolved, That the Senate— of the safest cities in the United States by rible violence experienced by the Thou- (1) designates December 10, 2018, as the Federal Bureau of Investigation, dem- ‘‘Human Rights Day’’; onstrating that no community in the United sand Oaks community and honors the (2) recognizes— States is safe from the threat of gun vio- memory of those who we have lost. (A) the 70th anniversary of the Universal lence; This Resolution also recognizes the ef- Declaration of Human Rights; and Whereas mass shootings are an increas- forts of law enforcement, firefighters, (B) the 20th anniversary of the Declaration ingly pervasive danger in the United States and emergency medical teams, whose on the Right and Responsibility of Individ- and threaten schools, theaters, malls, of- steadfast dedication and service to the uals, Groups and Organs of Society to Pro- fices, bars, concerts, and places of worship; victims and survivors in Thousand mote and Protect Universally Recognized and Oaks undoubtedly saved lives. Human Rights and Fundamental Freedoms Whereas the people of Thousand Oaks have (known as the ‘‘Declaration on Human now joined the ever-growing list of commu- Finally, this Resolution reaffirms Rights Defenders’’); nities that have been forced to endure a mass our commitment to ensure that the (3) reaffirms the Universal Declaration of shooting: Now, therefore, be it victims’ families and those who were Human Rights; Resolved, That the Senate— injured receive the assistance they (4) supports the right of human rights de- (1) condemns the deadly mass shooting at need. fenders all over the world to promote the the Borderline Bar and Grill in Thousand Mr. President, our Nation suffers one fundamental freedoms enshrined in the Uni- Oaks, California, that occurred on November mass shooting after another. We no versal Declaration of Human Rights; and 7, 2018, and tragically cut short the lives of 12 longer have time to grieve before gun (5) encourages the people of the United beautiful people; States— (2) expresses deepest condolences to the violence devastates another commu- (A) to observe Human Rights Day; and families of the victims and offers continued nity. Thousand Oaks has now joined (B) to continue a commitment to uphold- support to— the ever growing list of communities ing freedom, democracy, and human rights (A) the people injured in the attack; and across America that are mourning the around the globe.

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.075 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7600 CONGRESSIONAL RECORD — SENATE December 13, 2018 AMENDMENTS SUBMITTED AND (2) in paragraph (4), as redesignated— Sec. 403. Clarification of section 924(c) of PROPOSED (A) by redesignating subclauses (I) through title 18, United States Code. (V) as subparagraphs (A) through (E), respec- Sec. 404. Application of Fair Sentencing SA 4106. Mr. MENENDEZ submitted an tively, and moving such subparagraphs 4 ems Act. amendment intended to be proposed by him to the left; TITLE V—SECOND CHANCE ACT OF 2007 to the bill S. 1862, to amend the Trafficking (B) in subparagraph (B), as redesignated, REAUTHORIZATION Victims Protection Act of 2000 to modify the by redesignating items (aa) and (bb) as Sec. 501. Short title. criteria for determining whether countries clauses (i) and (ii), respectively, and moving Sec. 502. Improvements to existing pro- are meeting the minimum standards for the such clauses 4 ems to the left; and grams. elimination of human trafficking, and for (C) in subparagraph (D), as redesignated, Sec. 503. Audit and accountability of grant- other purposes; which was ordered to lie on by striking ‘‘unreasonable placement or re- the table. ees. cruitment fees’’ and all that follows through Sec. 504. Federal reentry improvements. SA 4107. Mrs. MURRAY submitted an the period at the end and inserting ‘‘place- amendment intended to be proposed by her Sec. 505. Federal interagency reentry co- ment or recruitment fees.’’. ordination. to the bill H.R. 2200, to reauthorize the Traf- On page 30, line 20, strike ‘‘4’’ and insert ficking Victims Protection Act of 2000, and Sec. 506. Conference expenditures. ‘‘5’’. Sec. 507. Evaluation of the Second Chance for other purposes; which was ordered to lie On page 31, line 1, strike ‘‘5’’ and insert on the table. Act program. ‘‘6’’. Sec. 508. GAO review. SA 4108. Mr. McCONNELL (for Mr. GRASS- On page 33, line 8, strike ‘‘credible evi- LEY) proposed an amendment to the bill S. dence’’ and insert ‘‘credible information’’. TITLE VI—MISCELLANEOUS CRIMINAL 756, to reauthorize and amend the Marine De- On page 35, line 24, strike ‘‘credible evi- JUSTICE bris Act to promote international action to dence’’ and insert ‘‘credible information’’. Sec. 601. Placement of prisoners close to reduce marine debris, and for other purposes. On page 37, line 1, strike ‘‘6’’ and insert families. SA 4109. Mr. McCONNELL (for Mr. KEN- ‘‘7’’. Sec. 602. Home confinement for low-risk NEDY (for himself and Mr. COTTON)) proposed On page 38, line 5, strike ‘‘7’’ and insert prisoners. an amendment to amendment SA 4108 pro- ‘‘8’’. Sec. 603. Federal prisoner reentry initiative posed by Mr. MCCONNELL (for Mr. GRASSLEY) reauthorization; modification to the bill S. 756, supra. SA 4107. Mrs. MURRAY submitted an of imposed term of imprison- SA 4110. Mr. LANKFORD (for himself and amendment intended to be proposed by ment. Mr. INHOFE) proposed an amendment to the Sec. 604. Identification for returning citi- bill H.R. 2606, to amend the Act of August 4, her to the bill H.R. 2200, to reauthorize the Trafficking Victims Protection Act zens. 1947 (commonly known as the Stigler Act), Sec. 605. Expanding inmate employment with respect to restrictions applicable to In- of 2000, and for other purposes; which through Federal Prison Indus- dians of the Five Civilized Tribes of Okla- was ordered to lie on the table; as fol- tries. homa, and for other purposes. lows: Sec. 606. De-escalation training. SA 4111. Mr. McCONNELL (for Mr. SCHATZ) On page 53, line 9, insert ‘‘, in consultation Sec. 607. Evidence-Based treatment for proposed an amendment to the bill S. 3461, to with the Secretary of Education and the Sec- opioid and heroin abuse. amend the PROTECT Act to expand the na- retary of Labor,’’ after ‘‘Services’’. Sec. 608. Pilot programs. tional AMBER Alert system to territories of On page 57, line 16, insert ‘‘the Secretary of Sec. 609. Ensuring supervision of released the United States, and for other purposes. Labor’’ after ‘‘Administration,’’. sexually dangerous persons. SA 4112. Mr. McCONNELL (for Mr. BAR- Beginning on page 58, strike line 14 and all Sec. 610. Data collection. RASSO) proposed an amendment to the bill S. that follows through page 65, line 14. Sec. 611. Healthcare products. 2827, to amend the Morris K. Udall and Stew- On page 71, strike lines 1 through 25. Sec. 612. Adult and juvenile collaboration art L. Udall Foundation Act. programs. SA 4113. Mr. McCONNELL (for Mr. JOHN- SA 4108. Mr. MCCONNELL (for Mr. Sec. 613. Juvenile solitary confinement. SON (for himself and Mr. WYDEN)) proposed GRASSLEY) proposed an amendment to TITLE I—RECIDIVISM REDUCTION an amendment to the bill S. 2322, to amend the Federal Food, Drug, and Cosmetic Act to the bill S. 756, to reauthorize and SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM. define the term natural cheese. amend the Marine Debris Act to pro- (a) IN GENERAL.—Chapter 229 of title 18, SA 4114. Mr. McCONNELL (for Mr. THUNE mote international action to reduce United States Code, is amended by inserting (for himself and Mr. NELSON)) proposed an marine debris, and for other purposes; after subchapter C the following: amendment to the bill H.R. 6227, to provide as follows: ‘‘SUBCHAPTER D—RISK AND NEEDS for a coordinated Federal program to accel- In lieu of the matter proposed to be in- ASSESSMENT SYSTEM erate quantum research and development for serted, insert the following: ‘‘Sec. the economic and national security of the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘3631. Duties of the Attorney General. United States. ‘‘3632. Development of risk and needs assess- (a) SHORT TITLE.—This Act may be cited as f the ‘‘First Step Act of 2018’’. ment system. ‘‘3633. Evidence-based recidivism reduction TEXT OF AMENDMENTS (b) TABLE OF CONTENTS.—The table of con- tents for this Act is as follows: program and recommendations. SA 4106. Mr. MENENDEZ submitted ‘‘3634. Report. Sec. 1. Short title; table of contents. an amendment intended to be proposed ‘‘3635. Definitions. TITLE I—RECIDIVISM REDUCTION by him to the bill S. 1862, to amend the ‘‘§ 3631. Duties of the Attorney General Sec. 101. Risk and needs assessment system. Trafficking Victims Protection Act of ‘‘(a) IN GENERAL.—The Attorney General 2000 to modify the criteria for deter- Sec. 102. Implementation of system and rec- shall carry out this subchapter in consulta- ommendations by Bureau of tion with— mining whether countries are meeting Prisons. the minimum standards for the elimi- ‘‘(1) the Director of the Bureau of Prisons; Sec. 103. GAO report. ‘‘(2) the Director of the Administrative Of- nation of human trafficking, and for Sec. 104. Authorization of appropriations. fice of the United States Courts; Sec. 105. Rule of construction. other purposes; which was ordered to ‘‘(3) the Director of the Office of Probation Sec. 106. Faith-based considerations. lie on the table; as follows: and Pretrial Services; Sec. 107. Independent Review Committee. On page 28, line 12, strike ‘‘unreasonable’’. ‘‘(4) the Director of the National Institute On page 28, strike lines 19 and 20 and insert TITLE II—BUREAU OF PRISONS SECURE of Justice; the following: FIREARMS STORAGE ‘‘(5) the Director of the National Institute ‘‘(6) CREDIBLE INFORMATION.—The term Sec. 201. Short title. of Corrections; and ‘credible information’ includes all of the fol- Sec. 202. Secure firearms storage. ‘‘(6) the Independent Review Committee lowing: TITLE III—RESTRAINTS ON PREGNANT authorized by the First Step Act of 2018 On page 30, between lines 19 and 20, insert PRISONERS PROHIBITED ‘‘(b) DUTIES.—The Attorney General shall— the following: ‘‘(1) conduct a review of the existing pris- Sec. 301. Use of restraints on prisoners dur- oner risk and needs assessment systems in SEC. 4. PROHIBITION ON PLACEMENT OR RE- ing the period of pregnancy and CRUITMENT FEES. operation on the date of enactment of this postpartum recovery prohib- Section 106(g) of the Trafficking Victims subchapter; ited. Protection Act of 2000 (22 U.S.C. 7104(g)) is ‘‘(2) develop recommendations regarding amended— TITLE IV—SENTENCING REFORM evidence-based recidivism reduction pro- (1) by redesignating clauses (i) through (iv) Sec. 401. Reduce and restrict enhanced sen- grams and productive activities in accord- as paragraphs (1) through (4), respectively, tencing for prior drug felonies. ance with section 3633; and moving such paragraphs 4 ems to the Sec. 402. Broadening of existing safety ‘‘(3) conduct ongoing research and data left; and valve. analysis on—

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.079 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7601 ‘‘(A) evidence-based recidivism reduction ‘‘(B) to address the specific criminogenic ‘‘(C) Consideration of transfer to preferred programs relating to the use of prisoner risk needs of the prisoner; and housing units (including transfer to different and needs assessment tools; ‘‘(C) all prisoners are able to successfully prison facilities). ‘‘(B) the most effective and efficient uses participate in such programs; ‘‘(D) Other incentives solicited from pris- of such programs; ‘‘(6) determine when to provide incentives oners and determined appropriate by the Di- ‘‘(C) which evidence-based recidivism re- and rewards for successful participation in rector. duction programs are the most effective at evidence-based recidivism reduction pro- ‘‘(4) TIME CREDITS.— reducing recidivism, and the type, amount, grams or productive activities in accordance ‘‘(A) IN GENERAL.—A prisoner, except for an and intensity of programming that most ef- with subsection (e); ineligible prisoner under subparagraph (D), fectively reduces the risk of recidivism; and ‘‘(7) determine when a prisoner is ready to who successfully completes evidence-based ‘‘(D) products purchased by Federal agen- transfer into prerelease custody or super- recidivism reduction programming or pro- cies that are manufactured overseas and vised release in accordance with section 3624; ductive activities, shall earn time credits as could be manufactured by prisoners partici- and follows: pating in a prison work program without re- ‘‘(8) determine the appropriate use of audio ‘‘(i) A prisoner shall earn 10 days of time ducing job opportunities for other workers in technology for program course materials credits for every 30 days of successful par- the United States; with an understanding of dyslexia. ticipation in evidence-based recidivism re- ‘‘(4) on an annual basis, review, validate, In carrying out this subsection, the Attorney duction programming or productive activi- and release publicly on the Department of General may use existing risk and needs as- ties. Justice website the risk and needs assess- sessment tools, as appropriate. ‘‘(ii) A prisoner determined by the Bureau ment system, which review shall include— ‘‘(b) ASSIGNMENT OF EVIDENCE-BASED RE- of Prisons to be at a minimum or low risk ‘‘(A) any subsequent changes to the risk for recidivating, who, over 2 consecutive as- CIDIVISM REDUCTION PROGRAMS.—The System and needs assessment system made after the shall provide guidance on the type, amount, sessments, has not increased their risk of re- date of enactment of this subchapter; and intensity of evidence-based recidivism cidivism, shall earn an additional 5 days of ‘‘(B) the recommendations developed under reduction programming and productive ac- time credits for every 30 days of successful paragraph (2), using the research conducted tivities that shall be assigned for each pris- participation in evidence-based recidivism under paragraph (3); oner, including— reduction programming or productive activi- ‘‘(C) an evaluation to ensure that the risk ties. ‘‘(1) programs in which the Bureau of Pris- and needs assessment system bases the as- ‘‘(B) AVAILABILITY.—A prisoner may not ons shall assign the prisoner to participate, sessment of each prisoner’s risk of recidi- earn time credits under this paragraph for an according to the prisoner’s specific vism on indicators of progress and of regres- evidence-based recidivism reduction program criminogenic needs; and sion that are dynamic and that can reason- that the prisoner successfully completed— ‘‘(2) information on the best ways that the ably be expected to change while in prison; ‘‘(i) prior to the date of enactment of this Bureau of Prisons can tailor the programs to ‘‘(D) statistical validation of any tools subchapter; or the specific criminogenic needs of each pris- that the risk and needs assessment system ‘‘(ii) during official detention prior to the oner so as to most effectively lower each uses; and date that the prisoner’s sentence commences prisoner’s risk of recidivism. ‘‘(E) an evaluation of the rates of recidi- under section 3585(a). OUSING AND SSIGNMENT ECISIONS vism among similarly classified prisoners to ‘‘(c) H A D .— ‘‘(C) APPLICATION OF TIME CREDITS TOWARD identify any unwarranted disparities, includ- The System shall provide guidance on pro- PRERELEASE CUSTODY OR SUPERVISED RE- ing disparities among similarly classified gram grouping and housing assignment de- LEASE.—Time credits earned under this para- prisoners of different demographic groups, in terminations and, after accounting for the graph by prisoners who successfully partici- such rates; safety of each prisoner and other individuals pate in recidivism reduction programs or ‘‘(5) make any revisions or updates to the at the prison, provide that prisoners with a productive activities shall be applied toward risk and needs assessment system that the similar risk level be grouped together in time in prerelease custody or supervised re- Attorney General determines appropriate housing and assignment decisions to the ex- lease. The Director of the Bureau of Prisons pursuant to the review under paragraph (4), tent practicable. shall transfer eligible prisoners, as deter- including updates to ensure that any dispari- ‘‘(d) EVIDENCE-BASED RECIDIVISM REDUC- mined under section 3624(g), into prerelease ties identified in paragraph (4)(E) are re- TION PROGRAM INCENTIVES AND PRODUCTIVE custody or supervised release. duced to the greatest extent possible; and ACTIVITIES REWARDS.—The System shall pro- ‘‘(D) INELIGIBLE PRISONERS.—A prisoner is ‘‘(6) report to Congress in accordance with vide incentives and rewards for prisoners to ineligible to receive time credits under this section 3634. participate in and complete evidence-based paragraph if the prisoner is serving a sen- ‘‘§ 3632. Development of risk and needs as- recidivism reduction programs as follows: tence for a conviction under any of the fol- sessment system ‘‘(1) PHONE AND VISITATION PRIVILEGES.—A lowing provisions of law: prisoner who is successfully participating in ‘‘(a) IN GENERAL.—Not later than 210 days ‘‘(i) Section 81, relating to arson within after the date of enactment of this sub- an evidence-based recidivism reduction pro- special maritime and territorial jurisdiction. chapter, the Attorney General, in consulta- gram shall receive— ‘‘(ii) Section 111(b), relating to assaulting, tion with the Independent Review Com- ‘‘(A) phone privileges, or, if available, resisting, or impeding certain officers or em- mittee authorized by the First Step Act of video conferencing privileges, for up to 30 ployees using a deadly or dangerous weapon 2018, shall develop and release publicly on minutes per day, and up to 510 minutes per or inflicting bodily injury. the Department of Justice website a risk and month; and ‘‘(iii) Paragraph (1), (7), or (8) of section needs assessment system (referred to in this ‘‘(B) additional time for visitation at the 113(a), relating to assault with intent to subchapter as the ‘System’), which shall be prison, as determined by the warden of the commit murder, assault resulting in sub- used to— prison. stantial bodily injury to a spouse or inti- ‘‘(1) determine the recidivism risk of each ‘‘(2) TRANSFER TO INSTITUTION CLOSER TO mate partner, a dating partner, or an indi- prisoner as part of the intake process, and RELEASE RESIDENCE.—A prisoner who is suc- vidual who has not attained the age of 16 classify each prisoner as having minimum, cessfully participating in an evidence-based years, or assault of a spouse, intimate part- low, medium, or high risk for recidivism; recidivism reduction program shall be con- ner, or dating partner by strangling, suffo- ‘‘(2) assess and determine, to the extent sidered by the Bureau of Prisons for place- cating, or attempting to strangle or suf- practicable, the risk of violent or serious ment in a facility closer to the prisoner’s re- focate. misconduct of each prisoner; lease residence upon request from the pris- ‘‘(iv) Section 115, relating to influencing, ‘‘(3) determine the type and amount of evi- oner and subject to— impeding, or retaliating against a Federal dence-based recidivism reduction program- ‘‘(A) bed availability at the transfer facil- official by injuring a family member, except ming that is appropriate for each prisoner ity; for a threat made in violation of that sec- and assign each prisoner to such program- ‘‘(B) the prisoner’s security designation; tion. ming accordingly, and based on the pris- and ‘‘(v) Section 116, relating to female genital oner’s specific criminogenic needs, and in ac- ‘‘(C) the recommendation from the warden mutilation. cordance with subsection (b); of the prison at which the prisoner is incar- ‘‘(vi) Section 117, relating to domestic as- ‘‘(4) reassess the recidivism risk of each cerated at the time of making the request. sault by a habitual offender. prisoner periodically, based on factors in- ‘‘(3) ADDITIONAL POLICIES.—The Director of ‘‘(vii) Any section of chapter 10, relating to cluding indicators of progress, and of regres- the Bureau of Prisons shall develop addi- biological weapons. sion, that are dynamic and that can reason- tional policies to provide appropriate incen- ‘‘(viii) Any section of chapter 11B, relating ably be expected to change while in prison; tives for successful participation and com- to chemical weapons. ‘‘(5) reassign the prisoner to appropriate pletion of evidence-based recidivism reduc- ‘‘(ix) Section 351, relating to Congres- evidence-based recidivism reduction pro- tion programming. The incentives shall in- sional, Cabinet, and Supreme Court assas- grams or productive activities based on the clude not less than 2 of the following: sination, kidnapping, and assault. revised determination to ensure that— ‘‘(A) Increased commissary spending limits ‘‘(x) Section 521, relating to criminal street ‘‘(A) all prisoners at each risk level have a and product offerings. gangs. meaningful opportunity to reduce their clas- ‘‘(B) Extended opportunities to access the ‘‘(xi) Section 751, relating to prisoners in sification during the period of incarceration; email system. custody of an institution or officer.

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.084 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7602 CONGRESSIONAL RECORD — SENATE December 13, 2018 ‘‘(xii) Section 793, relating to gathering, ‘‘(xxxviii) Section 2283, relating to the the protection of identities of certain United transmitting, or losing defense information. transportation of explosive, biological, States undercover intelligence officers, ‘‘(xiii) Section 794, relating to gathering or chemical, or radioactive or nuclear mate- agents, informants, and sources. delivering defense information to aid a for- rials. ‘‘(lix) Subparagraph (A)(i) or (B)(i) of sec- eign government. ‘‘(xxxix) Section 2284, relating to the trans- tion 401(b)(1) of the Controlled Substances ‘‘(xiv) Any section of chapter 39, relating portation of terrorists. Act (21 U.S.C. 841(b)(1)) or paragraph (1)(A) or to explosives and other dangerous articles, ‘‘(xl) Section 2291, relating to the destruc- (2)(A) of section 1010(b) of the Controlled except for section 836 (relating to the trans- tion of a vessel or maritime facility, but Substances Import and Export Act (21 U.S.C. portation of fireworks into a State prohib- only if the conduct that led to the conviction 960(b)), relating to manufacturing, distrib- iting sale or use). involved a substantial risk of death or seri- uting, dispensing, or possessing with intent ‘‘(xv) Section 842(p), relating to distribu- ous bodily injury. to manufacture, distribute, dispense, or tion of information relating to explosives, ‘‘(xli) Any section of chapter 113B, relating knowingly importing or exporting, a mixture destructive devices, and weapons of mass de- to terrorism. or substance containing a detectable amount struction, but only if the conviction involved ‘‘(xlii) Section 2340A, relating to torture. of heroin if the sentencing court finds that a weapon of mass destruction (as defined in ‘‘(xliii) Section 2381, relating to treason. the offender was an organizer, leader, man- section 2332a(c)). ‘‘(xliv) Section 2442, relating to the recruit- ager, or supervisor of others in the offense, ‘‘(xvi) Subsection (f)(3), (h), or (i) of section ment or use of child soldiers. as determined under the guidelines promul- 844, relating to the use of fire or an explo- ‘‘(xlv) An offense described in section gated by the United States Sentencing Com- 3559(c)(2)(F), for which the offender was sen- sive. mission. tenced to a term of imprisonment of more ‘‘(xvii) Section 924(c), relating to unlawful ‘‘(lx) Subparagraph (A)(vi) or (B)(vi) of sec- than 1 year, if the offender has a previous possession or use of a firearm during and in tion 401(b)(1) of the Controlled Substances conviction, for which the offender served a relation to any crime of violence or drug Act (21 U.S.C. 841(b)(1)) or paragraph (1)(F) or term of imprisonment of more than 1 year, trafficking crime. (2)(F) of section 1010(b) of the Controlled for a Federal or State offense, by whatever ‘‘(xviii) Section 1030(a)(1), relating to fraud Substances Import and Export Act (21 U.S.C. designation and wherever committed, con- and related activity in connection with com- sisting of murder (as described in section 960(b)), relating to manufacturing, distrib- puters. 1111), voluntary manslaughter (as described uting, dispensing, or possessing with intent ‘‘(xix) Any section of chapter 51, relating in section 1112), assault with intent to com- to manufacture, distribute, or dispense, a to homicide, except for section 1112 (relating mit murder (as described in section 113(a)), mixture or substance containing a detectable to manslaughter), 1113 (relating to attempt aggravated sexual abuse and sexual abuse (as amount of N-phenyl-N-[1-(2-phenylethyl)-4- to commit murder or manslaughter, but only described in sections 2241 and 2242), abusive piperidinyl] propanamide, or any analogue if the conviction was for an attempt to com- sexual contact (as described in sections thereof. mit manslaughter), 1115 (relating to mis- 2244(a)(1) and (a)(2)), kidnapping (as de- ‘‘(lxi) Subparagraph (A)(viii) or (B)(viii) of conduct or neglect of ship officers), or 1122 scribed in chapter 55), carjacking (as de- section 401(b)(1) of the Controlled Substances (relating to protection against the human scribed in section 2119), arson (as described Act (21 U.S.C. 841(b)(1)) or paragraph (1)(H) or immunodeficiency virus). in section 844(f)(3), (h), or (i)), or terrorism (2)(H) of section 1010(b) the Controlled Sub- ‘‘(xx) Any section of chapter 55, relating to (as described in chapter 113B). stances Import and Export Act (21 U.S.C. kidnapping. ‘‘(xlvi) Section 57(b) of the Atomic Energy 960(b)), relating to manufacturing, distrib- ‘‘(xxi) Any offense under chapter 77, relat- Act of 1954 (42 U.S.C. 2077(b)), relating to the uting, dispensing, or possessing with intent ing to peonage, slavery, and trafficking in engagement or participation in the develop- to manufacture, distribute, or dispense, or persons, except for sections 1593 through ment or production of special nuclear mate- knowingly importing or exporting, a mixture 1596. rial. of substance containing a detectable amount ‘‘(xxii) Section 1751, relating to Presi- ‘‘(xlvii) Section 92 of the Atomic Energy of methamphetamine, its salts, isomers, or dential and Presidential staff assassination, Act of 1954 (42 U.S.C. 2122), relating to prohi- salts of its isomers, if the sentencing court kidnapping, and assault. bitions governing atomic weapons. finds that the offender was an organizer, ‘‘(xxiii) Section 1791, relating to providing ‘‘(xlviii) Section 101 of the Atomic Energy leader, manager, or supervisor of others in or possessing contraband in prison. Act of 1954 (42 U.S.C. 2131), relating to the the offense, as determined under the guide- ‘‘(xxiv) Section 1792, relating to mutiny atomic energy license requirement. lines promulgated by the United States Sen- and riots. ‘‘(xlix) Section 224 or 225 of the Atomic En- tencing Commission. ‘‘(xxv) Section 1841(a)(2)(C), relating to in- ergy Act of 1954 (42 U.S.C. 2274, 2275), relating ‘‘(lii) Subparagraph (A) or (B) of section tentionally killing or attempting to kill an to the communication or receipt of re- 401(b)(1) of the Controlled Substances Act (21 unborn child. stricted data. U.S.C. 841(b)(1)) or paragraph (1) or (2) of sec- ‘‘(xxvi) Section 1992, relating to terrorist ‘‘(l) Section 236 of the Atomic Energy Act tion 1010(b) of the Controlled Substances Im- attacks and other violence against railroad of 1954 (42 U.S.C. 2284), relating to the sabo- port and Export Act (21 U.S.C. 960(b)), relat- carriers and against mass transportation tage of nuclear facilities or fuel. ing to manufacturing, distributing, dis- systems on land, on water, or through the ‘‘(li) Section 60123(b) of title 49, relating to pensing, or possessing with intent to manu- air. damaging or destroying a pipeline facility, facture, distribute, or dispense, a controlled ‘‘(xxvii) Section 2113(e), relating to bank but only if the conduct which led to the con- substance, or knowingly importing or ex- robbery resulting in death. viction involved a substantial risk of death porting a controlled substance, if the sen- ‘‘(xxviii) Section 2118(c), relating to rob- or serious bodily injury. tencing court finds that— beries and burglaries involving controlled ‘‘(lii) Section 401(a) of the Controlled Sub- ‘‘(I) the offense involved a mixture or sub- substances resulting in assault, putting in stances Act (21 U.S.C. 841), relating to manu- stance containing a detectable amount of N- jeopardy the life of any person by the use of facturing or distributing a controlled sub- phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] a dangerous weapon or device, or death. stance in the case of a conviction for an of- propanamide, or any analogue thereof; and ‘‘(xxix) Paragraph (2) or (3) of section 2119, fense described in subparagraph (A), (B), or ‘‘(II) the offender was an organizer, leader, relating to taking a motor vehicle (com- (C) of subsection (b)(1) of that section for manager, or supervisor of others in the of- monly referred to as ‘carjacking’) that re- which death or serious bodily injury resulted fense, as determined under the guidelines sults in serious bodily injury or death. from the use of such substance. promulgated by the United States Sen- ‘‘(xxx) Any section of chapter 105, relating ‘‘(liii) Section 276(a) of the Immigration tencing Commission. to sabotage, except for section 2152. and Nationality Act (8 U.S.C. 1326), relating ‘‘(E) DEPORTABLE PRISONERS INELIGIBLE TO ‘‘(xxxi) Any section of chapter 109A, relat- to the reentry of a removed alien, but only if APPLY TIME CREDITS.— ing to sexual abuse. the alien is described in paragraph (1) or (2) ‘‘(i) IN GENERAL.—A prisoner is ineligible ‘‘(xxxii) Section 2250, relating to failure to of subsection (b) of that section. to apply time credits under subparagraph (C) register as a sex offender. ‘‘(liv) Section 277 of the Immigration and if the prisoner is the subject of a final order ‘‘(xxxiii) Section 2251, relating to the sex- Nationality Act (8 U.S.C. 1327), relating to of removal under any provision of the immi- ual exploitation of children. aiding or assisting certain aliens to enter the gration laws (as such term is defined in sec- ‘‘(xxxiv) Section 2251A, relating to the sell- United States. tion 101(a)(17) of the Immigration and Na- ing or buying of children. ‘‘(lv) Section 278 of the Immigration and tionality Act (8 U.S.C. 1101(a)(17))). ‘‘(xxxv) Section 2252, relating to certain ac- Nationality Act (8 U.S.C. 1328), relating to ‘‘(ii) PROCEEDINGS.—The Attorney General, tivities relating to material involving the the importation of an alien into the United in consultation with the Secretary of Home- sexual exploitation of minors. States for an immoral purpose. land Security, shall ensure that any alien de- ‘‘(xxxvi) Section 2252A, relating to certain ‘‘(lvi) Any section of the Export Adminis- scribed in section 212 or 237 of the Immigra- activities involving material constituting or tration Act of 1979 (50 U.S.C. 4611 et seq.) tion and Nationality Act (8 U.S.C. 1182, 1227) containing child pornography. ‘‘(lvii) Section 206 of the International who seeks to earn time credits are subject to ‘‘(xxxvii) Section 2260, relating to the pro- Emergency Economic Powers Act (50 U.S.C. proceedings described in section 238(a) of duction of sexually explicit depictions of a 1705). that Act (8 U.S.C. 1228(a)) at a date as early minor for importation into the United ‘‘(lviii) Section 601 of the National Secu- as practicable during the prisoner’s incarcer- States. rity Act of 1947 (50 U.S.C. 3121), relating to ation.

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‘‘(5) RISK REASSESSMENTS AND LEVEL AD- pendent Review Committee authorized by ‘‘(F) The productive activities that the JUSTMENT.—A prisoner who successfully par- the First Step Act of 2018, the Attorney Gen- prisoner successfully completed, if any. ticipates in evidence-based recidivism reduc- eral shall— ‘‘(4) The status of prison work programs at tion programming or productive activities ‘‘(1) review the effectiveness of evidence- facilities operated by the Bureau of Prisons, shall receive periodic risk reassessments not based recidivism reduction programs that including— less often than annually, and a prisoner de- exist as of the date of enactment of this sub- ‘‘(A) a strategy to expand the availability termined to be at a medium or high risk of chapter in prisons operated by the Bureau of of such programs without reducing job op- recidivating and who has less than 5 years Prisons; portunities for workers in the United States until his or her projected release date shall ‘‘(2) review available information regard- who are not in the custody of the Bureau of receive more frequent risk reassessments. If ing the effectiveness of evidence-based re- Prisons, including the feasibility of prisoners the reassessment shows that the prisoner’s cidivism reduction programs and productive manufacturing products purchased by Fed- activities that exist in State-operated pris- risk of recidivating or specific needs have eral agencies that are manufactured over- ons throughout the United States; changed, the Bureau of Prisons shall update seas; ‘‘(3) identify the most effective evidence- the determination of the prisoner’s risk of ‘‘(B) an assessment of the feasibility of ex- recidivating or information regarding the based recidivism reduction programs; ‘‘(4) review the policies for entering into panding such programs, consistent with the prisoner’s specific needs and reassign the strategy required under subparagraph (A), prisoner to appropriate evidence-based re- evidence-based recidivism reduction partner- ships described in section 3621(h)(5); and with the goal that 5 years after the date of cidivism reduction programming or produc- enactment of this subchapter, not less than tive activities based on such changes. ‘‘(5) direct the Bureau of Prisons regard- ing— 75 percent of eligible minimum- and low-risk ‘‘(6) RELATION TO OTHER INCENTIVE PRO- offenders have the opportunity to participate GRAMS.—The incentives described in this ‘‘(A) evidence-based recidivism reduction in a prison work program for not less than 20 subsection shall be in addition to any other programs; hours per week; and rewards or incentives for which a prisoner ‘‘(B) the ability for faith-based organiza- ‘‘(C) a detailed discussion of legal authori- may be eligible. tions to function as a provider of educational ties that would be useful or necessary to ‘‘(e) PENALTIES.—The Director of the Bu- evidence-based programs outside of the reli- achieve the goals described in subparagraphs reau of Prisons shall develop guidelines for gious classes and services provided through (A) and (B). the reduction of rewards and incentives the Chaplaincy; and earned under subsection (d) for prisoners who ‘‘(C) the addition of any new effective evi- ‘‘(5) An assessment of the Bureau of Pris- violate prison rules or evidence-based recidi- dence-based recidivism reduction programs ons’ compliance with section 3621(h). vism reduction program or productive activ- that the Attorney General finds. ‘‘(6) An assessment of progress made to- EVIEW AND RECOMMENDATIONS RE- ity rules, which shall provide— ‘‘(b) R ward carrying out the purposes of this sub- GARDING DYSLEXIA MITIGATION.—In carrying ‘‘(1) general levels of violations and result- chapter, including any savings associated out subsection (a), the Attorney General ing reductions; with— shall consider the prevalence and mitigation ‘‘(2) that any reduction that includes the ‘‘(A) the transfer of prisoners into of dyslexia in prisons, including by— loss of time credits shall require written no- prerelease custody or supervised release ‘‘(1) reviewing statistics on the prevalence tice to the prisoner, shall be limited to time under section 3624(g), including savings re- of dyslexia, and the effectiveness of any pro- sulting from the avoidance or deferral of fu- credits that a prisoner earned as of the date grams implemented to mitigate the effects of the prisoner’s rule violation, and shall not ture construction, acquisition, and oper- of dyslexia, in prisons operated by the Bu- ations costs; and include any future time credits that the pris- reau of Prisons and State-operated prisons oner may earn; and ‘‘(B) any decrease in recidivism that may throughout the United States; and be attributed to the System or the increase ‘‘(3) for a procedure to restore time credits ‘‘(2) incorporating the findings of the At- that a prisoner lost as a result of a rule vio- in evidence-based recidivism reduction pro- torney General under paragraph (1) of this grams required under this subchapter. lation, based on the prisoner’s individual subsection into any directives given to the progress after the date of the rule violation. ‘‘(7) An assessment of budgetary savings Bureau of Prisons under paragraph (5) of sub- resulting from this subchapter, including— ‘‘(f) BUREAU OF PRISONS TRAINING.—The At- section (a). torney General shall develop and implement ‘‘(A) a summary of the amount of savings training programs for Bureau of Prisons offi- ‘‘§ 3634. Report resulting from the transfer of prisoners into cers and employees responsible for admin- ‘‘Beginning on the date that is 2 years prerelease custody under this chapter, in- istering the System, which shall include— after the date of enactment of this sub- cluding savings resulting from the avoidance ‘‘(1) initial training to educate officers and chapter, and annually thereafter for a period or deferral of future construction, acquisi- employees on how to use the System in an of 5 years, the Attorney General shall submit tion, or operations costs; appropriate and consistent manner, as well a report to the Committees on the Judiciary ‘‘(B) a summary of the amount of savings of the Senate and the House of Representa- as the reasons for using the System; resulting from any decrease in recidivism tives and the Subcommittees on Commerce, ‘‘(2) continuing education; that may be attributed to the implementa- Justice, Science, and Related Agencies of the ‘‘(3) periodic training updates; and tion of the risk and needs assessment system Committees on Appropriations of the Senate ‘‘(4) a requirement that such officers and or the increase in recidivism reduction pro- and the House of Representatives that con- grams and productive activities required by employees demonstrate competence in ad- tains the following: ministering the System, including interrater ‘‘(1) A summary of the activities and ac- this subchapter; reliability, on a biannual basis. complishments of the Attorney General in ‘‘(C) a strategy to reinvest the savings de- ‘‘(g) QUALITY ASSURANCE.—In order to en- carrying out this Act. scribed in subparagraphs (A) and (B) in sure that the Bureau of Prisons is using the ‘‘(2) A summary and assessment of the other— System in an appropriate and consistent types and effectiveness of the evidence-based ‘‘(i) Federal, State, and local law enforce- manner, the Attorney General shall monitor recidivism reduction programs and produc- ment activities; and and assess the use of the System, which shall tive activities in prisons operated by the Bu- ‘‘(ii) expansions of recidivism reduction include conducting annual audits of the Bu- reau of Prisons, including— programs and productive activities in the reau of Prisons regarding the use of the Sys- ‘‘(A) evidence about which programs have Bureau of Prisons; and tem. been shown to reduce recidivism; ‘‘(D) a description of how the reduced ex- ‘‘(h) DYSLEXIA SCREENING.— ‘‘(B) the capacity of each program and ac- penditures on Federal corrections and the ‘‘(1) SCREENING.—The Attorney General tivity at each prison, including the number budgetary savings resulting from this sub- shall incorporate a dyslexia screening pro- of prisoners along with the recidivism risk of chapter are currently being used and will be gram into the System, including by screen- each prisoner enrolled in each program; and used to— ing for dyslexia during— ‘‘(C) identification of any gaps or shortages ‘‘(i) increase investment in law enforce- ‘‘(A) the intake process; and in capacity of such programs and activities. ment and crime prevention to combat gangs ‘‘(B) each periodic risk reassessment of a ‘‘(3) Rates of recidivism among individuals of national significance and high-level drug prisoner. who have been released from Federal prison, traffickers through the High Intensity Drug ‘‘(2) TREATMENT.—The Attorney General based on the following criteria: Trafficking Areas Program and other task shall incorporate programs designed to treat ‘‘(A) The primary offense of conviction. forces; dyslexia into the evidence-based recidivism ‘‘(B) The length of the sentence imposed ‘‘(ii) hire, train, and equip law enforcement reduction programs or productive activities and served. officers and prosecutors; and required to be implemented under this sec- ‘‘(C) The Bureau of Prisons facility or fa- ‘‘(iii) promote crime reduction programs tion. The Attorney General may also incor- cilities in which the prisoner’s sentence was using evidence-based practices and strategic porate programs designed to treat other served. planning to help reduce crime and criminal learning disabilities. ‘‘(D) The evidence-based recidivism reduc- recidivism. ‘‘§ 3633. Evidence-based recidivism reduction tion programming that the prisoner success- ‘‘(8) Statistics on— program and recommendations fully completed, if any. ‘‘(A) the prevalence of dyslexia among pris- ‘‘(a) IN GENERAL.—Prior to releasing the ‘‘(E) The prisoner’s assessed and reassessed oners in prisons operated by the Bureau of System, in consultation with the Inde- risk of recidivism. Prisons; and

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.084 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7604 CONGRESSIONAL RECORD — SENATE December 13, 2018 ‘‘(B) any change in the effectiveness of dys- prison, based on factors including indicators reduction programs and productive activi- lexia mitigation programs among such pris- of progress and of regression, that are dy- ties, the Attorney General shall develop poli- oners that may be attributed to the incorpo- namic and that can reasonably be expected cies for the warden of each prison of the Bu- ration of dyslexia screening into the System to change while in prison.’’. reau of Prisons to enter into partnerships, and of dyslexia treatment into the evidence- (b) CLERICAL AMENDMENT.—The table of subject to the availability of appropriations, based recidivism reduction programs, as re- subchapters for chapter 229 of title 18, United with any of the following: quired under this chapter. States Code, is amended by adding at the end ‘‘(A) Nonprofit and other private organiza- ‘‘§ 3635. Definitions the following: tions, including faith-based, art, and commu- ‘‘In this subchapter the following defini- ‘‘D. Risk and Needs Assessment ...... 3631’’. nity-based organizations that will deliver re- tions apply: SEC. 102. IMPLEMENTATION OF SYSTEM AND cidivism reduction programming on a paid or ‘‘(1) DYSLEXIA.—The term ‘dyslexia’ means RECOMMENDATIONS BY BUREAU OF volunteer basis. an unexpected difficulty in reading for an in- PRISONS. ‘‘(B) Institutions of higher education (as (a) IMPLEMENTATION OF SYSTEM GEN- dividual who has the intelligence to be a defined in section 101 of the Higher Edu- ERALLY.—Section 3621 of title 18, United much better reader, most commonly caused cation Act of 1965 (20 U.S.C. 1001)) that will States Code, is amended by adding at the end by a difficulty in the phonological processing deliver instruction on a paid or volunteer the following: (the appreciation of the individual sounds of basis. ‘‘(h) IMPLEMENTATION OF RISK AND NEEDS spoken language), which affects the ability ‘‘(C) Private entities that will— ASSESSMENT SYSTEM.— of an individual to speak, read, and spell. ‘‘(i) deliver vocational training and certifi- ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(2) DYSLEXIA SCREENING PROGRAM.—The cations; after the Attorney General completes and re- ‘‘(ii) provide equipment to facilitate voca- term ‘dyslexia screening program’ means a leases the risk and needs assessment system screening program for dyslexia that is— tional training or employment opportunities (referred to in this subsection as the ‘Sys- for prisoners; ‘‘(A) evidence-based (as defined in section tem’) developed under subchapter D, the Di- 8101(21) of the Elementary and Secondary ‘‘(iii) employ prisoners; or rector of the Bureau of Prisons shall, in ac- ‘‘(iv) assist prisoners in prerelease custody Education Act of 1965 (20 U.S.C. 7801(21))) cordance with that subchapter— with proven psychometrics for validity; or supervised release in finding employment. ‘‘(A) implement and complete the initial ‘‘(D) Industry-sponsored organizations that ‘‘(B) efficient and low-cost; and intake risk and needs assessment for each ‘‘(C) readily available. will deliver workforce development and prisoner (including for each prisoner who training, on a paid or volunteer basis. ‘‘(3) EVIDENCE-BASED RECIDIVISM REDUCTION was a prisoner prior to the effective date of PROGRAM.—The term ‘evidence-based recidi- ‘‘(6) REQUIREMENT TO PROVIDE PROGRAMS TO this subsection), regardless of the prisoner’s ALL PRISONERS; PRIORITY.—The Director of vism reduction program’ means either a length of imposed term of imprisonment, and group or individual activity that— the Bureau of Prisons shall provide all pris- begin to assign prisoners to appropriate evi- oners with the opportunity to actively par- ‘‘(A) has been shown by empirical evidence dence-based recidivism reduction programs to reduce recidivism or is based on research ticipate in evidence-based recidivism reduc- based on that determination; tion programs or productive activities, ac- indicating that it is likely to be effective in ‘‘(B) begin to expand the effective evi- reducing recidivism; cording to their specific criminogenic needs, dence-based recidivism reduction programs throughout their entire term of incarcer- ‘‘(B) is designed to help prisoners succeed and productive activities it offers and add in their communities upon release from pris- ation. Priority for participation in recidi- any new evidence-based recidivism reduction vism reduction programs shall be given to on; and programs and productive activities nec- ‘‘(C) may include— medium-risk and high-risk prisoners, with essary to effectively implement the System; access to productive activities given to min- ‘‘(i) social learning and communication, and interpersonal, anti-bullying, rejection re- imum-risk and low-risk prisoners. ‘‘(C) begin to implement the other risk and sponse, and other life skills; ‘‘(7) DEFINITIONS.—The terms in this sub- needs assessment tools necessary to effec- ‘‘(ii) family relationship building, struc- section have the meaning given those terms tively implement the System over time, tured parent-child interaction, and parenting in section 3635.’’. while prisoners are participating in and com- skills; (b) PRERELEASE CUSTODY.— pleting the effective evidence-based recidi- ‘‘(iii) classes on morals or ethics; (1) IN GENERAL.—Section 3624 of title 18, vism reduction programs and productive ac- ‘‘(iv) academic classes; United States Code, is amended— tivities. ‘‘(v) cognitive behavioral treatment; (A) in subsection (b)(1)— ‘‘(2) PHASE-IN.—In order to carry out para- ‘‘(vi) mentoring; (i) by striking ‘‘, beyond the time served, graph (1), so that every prisoner has the op- ‘‘(vii) substance abuse treatment; of up to 54 days at the end of each year of the portunity to participate in and complete the ‘‘(viii) vocational training; prisoner’s term of imprisonment, beginning ‘‘(ix) faith-based classes or services; type and amount of evidence-based recidi- at the end of the first year of the term,’’ and ‘‘(x) civic engagement and reintegrative vism reduction programs or productive ac- inserting ‘‘of up to 54 days for each year of community services; tivities they need, and be reassessed for re- the prisoner’s sentence imposed by the ‘‘(xi) a prison job, including through a pris- cidivism risk as necessary to effectively im- court,’’; and on work program; plement the System, the Bureau of Prisons (ii) by striking ‘‘credit for the last year or ‘‘(xii) victim impact classes or other re- shall— portion of a year of the term of imprison- storative justice programs; and ‘‘(A) provide such evidence-based recidi- ment shall be prorated and credited within ‘‘(xiii) trauma counseling and trauma-in- vism reduction programs and productive ac- the last six weeks of the sentence’’ and in- formed support programs. tivities for all prisoners before the date that serting ‘‘credit for the last year of a term of ‘‘(4) PRISONER.—The term ‘prisoner’ means is 2 years after the date on which the Bureau imprisonment shall be credited on the first a person who has been sentenced to a term of of Prisons completes a risk and needs assess- day of the last year of the term of imprison- imprisonment pursuant to a conviction for a ment for each prisoner under paragraph ment’’; and Federal criminal offense, or a person in the (1)(A); and (B) by adding at the end the following: custody of the Bureau of Prisons. ‘‘(B) develop and validate the risk and ‘‘(g) PRERELEASE CUSTODY OR SUPERVISED ‘‘(5) PRODUCTIVE ACTIVITY.—The term ‘pro- needs assessment tool to be used in the reas- RELEASE FOR RISK AND NEEDS ASSESSMENT ductive activity’ means either a group or in- sessments of risk of recidivism, while pris- SYSTEM PARTICIPANTS.— dividual activity that is designed to allow oners are participating in and completing ‘‘(1) ELIGIBLE PRISONERS.—This subsection prisoners determined as having a minimum evidence-based recidivism reduction pro- applies in the case of a prisoner (as such or low risk of recidivating to remain produc- grams and productive activities. term is defined in section 3635) who— tive and thereby maintain a minimum or low ‘‘(3) PRIORITY DURING PHASE-IN.—During ‘‘(A) has earned time credits under the risk risk of recidivating, and may include the de- the 2-year period described in paragraph and needs assessment system developed livery of the programs described in para- (2)(A), the priority for such programs and ac- under subchapter D (referred to in this sub- graph (1) to other prisoners. tivities shall be accorded based on a pris- section as the ‘System’) in an amount that is ‘‘(6) RISK AND NEEDS ASSESSMENT TOOL.— oner’s proximity to release date. equal to the remainder of the prisoner’s im- The term ‘risk and needs assessment tool’ ‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE- posed term of imprisonment; means an objective and statistically vali- BASED RECIDIVISM REDUCTION PROGRAMS AND ‘‘(B) has shown through the periodic risk dated method through which information is AUTHORITY TO USE INCENTIVES.—Beginning on reassessments a demonstrated recidivism collected and evaluated to determine— the date of enactment of this subsection, the risk reduction or has maintained a minimum ‘‘(A) as part of the intake process, the risk Bureau of Prisons may begin to expand any or low recidivism risk, during the prisoner’s that a prisoner will recidivate upon release evidence-based recidivism reduction pro- term of imprisonment; from prison; grams and productive activities that exist at ‘‘(C) has had the remainder of the pris- ‘‘(B) the recidivism reduction programs a prison as of such date, and may offer to oner’s imposed term of imprisonment com- that will best minimize the risk that the prisoners who successfully participate in puted under applicable law; and prisoner will recidivate upon release from such programs and activities the incentives ‘‘(D)(i) in the case of a prisoner being prison; and and rewards described in subchapter D. placed in prerelease custody, the prisoner— ‘‘(C) the periodic reassessment of risk that ‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.— ‘‘(I) has been determined under the System a prisoner will recidivate upon release from In order to expand evidence-based recidivism to be a minimum or low risk to recidivate

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.084 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7605 pursuant to the last 2 reassessments of the lease after imprisonment pursuant to section apply to prerelease custody under this sub- prisoner; or 3583, the Director of the Bureau of Prisons section. ‘‘(II) has had a petition to be transferred to may transfer the prisoner to begin any such ‘‘(11) PRERELEASE CUSTODY CAPACITY.—The prerelease custody or supervised release ap- term of supervised release at an earlier date, Director of the Bureau of Prisons shall en- proved by the warden of the prison, after the not to exceed 12 months, based on the appli- sure there is sufficient prerelease custody warden’s determination that— cation of time credits under section 3632. capacity to accommodate all eligible pris- ‘‘(aa) the prisoner would not be a danger to ‘‘(4) DETERMINATION OF CONDITIONS.—In de- oners.’’. society if transferred to prerelease custody termining appropriate conditions for pris- (2) EFFECTIVE DATE.—The amendments or supervised release; oners placed in prerelease custody pursuant made by this subsection shall take effect be- ‘‘(bb) the prisoner has made a good faith ef- to this subsection, the Director of the Bu- ginning on the date that the Attorney Gen- fort to lower their recidivism risk through reau of Prisons shall, to the extent prac- eral completes and releases the risk and participation in recidivism reduction pro- ticable, provide that increasingly less re- needs assessment system under subchapter D grams or productive activities; and strictive conditions shall be imposed on pris- of chapter 229 of title 18, United States Code, ‘‘(cc) the prisoner is unlikely to recidivate; oners who demonstrate continued compli- as added by section 101(a) of this Act. or ance with the conditions of such prerelease (3) APPLICABILITY.—The amendments made ‘‘(ii) in the case of a prisoner being placed custody, so as to most effectively prepare by this subsection shall apply with respect in supervised release, the prisoner has been such prisoners for reentry. to offenses committed before, on, or after the determined under the System to be a min- ‘‘(5) VIOLATIONS OF CONDITIONS.—If a pris- date of enactment of this Act, except that imum or low risk to recidivate pursuant to oner violates a condition of the prisoner’s such amendments shall not apply with re- the last reassessment of the prisoner. prerelease custody, the Director of the Bu- spect to offenses committed before Novem- ‘‘(2) TYPES OF PRERELEASE CUSTODY.—A reau of Prisons may impose such additional ber 1, 1987. prisoner shall be placed in prerelease cus- conditions on the prisoner’s prerelease cus- tody as follows: tody as the Director of the Bureau of Prisons SEC. 103. GAO REPORT. ‘‘(A) HOME CONFINEMENT.— determines appropriate, or revoke the pris- Not later than 2 years after the Director of ‘‘(i) IN GENERAL.—A prisoner placed in oner’s prerelease custody and require the the Bureau of Prisons implements the risk prerelease custody pursuant to this sub- prisoner to serve the remainder of the term and needs assessment system under section section who is placed in home confinement of imprisonment to which the prisoner was 3621 of title 18, United States Code, and every shall— sentenced, or any portion thereof, in prison. 2 years thereafter, the Comptroller General ‘‘(I) be subject to 24-hour electronic moni- If the violation is nontechnical in nature, of the United States shall conduct an audit toring that enables the prompt identification the Director of the Bureau of Prisons shall of the use of the risk and needs assessment of the prisoner, location, and time, in the revoke the prisoner’s prerelease custody. system at Bureau of Prisons facilities. The case of any violation of subclause (II); ‘‘(6) ISSUANCE OF GUIDELINES.—The Attor- audit shall include analysis of the following: ‘‘(II) remain in the prisoner’s residence, ex- ney General, in consultation with the Assist- (1) Whether inmates are being assessed cept that the prisoner may leave the pris- ant Director for the Office of Probation and under the risk and needs assessment system oner’s home in order to, subject to the ap- Pretrial Services, shall issue guidelines for with the frequency required under such sec- proval of the Director of the Bureau of Pris- use by the Bureau of Prisons in deter- tion 3621 of title 18, United States Code. ons— mining— (2) Whether the Bureau of Prisons is able ‘‘(aa) perform a job or job-related activi- ‘‘(A) the appropriate type of prerelease cus- to offer recidivism reduction programs and ties, including an apprenticeship, or partici- tody or supervised release and level of super- productive activities (as such terms are de- pate in job-seeking activities; vision for a prisoner placed on prerelease fined in section 3635 of title 18, United States ‘‘(bb) participate in evidence-based recidi- custody pursuant to this subsection; and Code, as added by section 101(a) of this Act). vism reduction programming or productive ‘‘(B) consequences for a violation of a con- (3) Whether the Bureau of Prisons is offer- activities assigned by the System, or similar dition of such prerelease custody by such a ing the type, amount, and intensity of recidi- activities; prisoner, including a return to prison and a vism reduction programs and productive ac- ‘‘(cc) perform community service; reassessment of evidence-based recidivism tivities for prisoners to earn the maximum ‘‘(dd) participate in crime victim restora- risk level under the System. amount of time credits for which they are el- tion activities; ‘‘(7) AGREEMENTS WITH UNITED STATES PRO- igible. ‘‘(ee) receive medical treatment; BATION AND PRETRIAL SERVICES.—The Direc- (4) Whether the Attorney General is car- ‘‘(ff) attend religious activities; or tor of the Bureau of Prisons shall, to the rying out the duties under section 3631(b) of ‘‘(gg) participate in other family-related greatest extent practicable, enter into agree- title 18, United States Code, as added by sec- activities that facilitate the prisoner’s suc- ments with United States Probation and tion 101(a) of this Act. cessful reentry such as a family funeral, a Pretrial Services to supervise prisoners (5) Whether officers and employees of the family wedding, or to visit a family member placed in home confinement under this sub- Bureau of Prisons are receiving the training who is seriously ill; and section. Such agreements shall— described in section 3632(f) of title 18, United ‘‘(III) comply with such other conditions as ‘‘(A) authorize United States Probation States Code, as added by section 101(a) of the Director determines appropriate. and Pretrial Services to exercise the author- this Act. ‘‘(ii) ALTERNATE MEANS OF MONITORING.—If ity granted to the Director pursuant to para- (6) Whether the Bureau of Prisons offers the electronic monitoring of a prisoner de- graphs (3) and (4); and work assignments to all prisoners who might scribed in clause (i)(I) is infeasible for tech- ‘‘(B) take into account the resource re- benefit from such an assignment. nical or religious reasons, the Director of the quirements of United States Probation and (7) Whether the Bureau of Prisons transfers Bureau of Prisons may use alternative Pretrial Services as a result of the transfer prisoners to prerelease custody or supervised means of monitoring a prisoner placed in of Bureau of Prisons prisoners to prerelease release as soon as they are eligible for such home confinement that the Director deter- custody or supervised release. a transfer under section 3624(g) of title 18, mines are as effective or more effective than ‘‘(8) ASSISTANCE.—United States Probation United States Code, as added by section the electronic monitoring described in clause and Pretrial Services shall, to the greatest 102(b) of this Act. (i)(I). extent practicable, offer assistance to any (8) The rates of recidivism among similarly ‘‘(iii) MODIFICATIONS.—The Director of the prisoner not under its supervision during classified prisoners to identify any unwar- Bureau of Prisons may modify the conditions prerelease custody under this subsection. ranted disparities, including disparities described in clause (i) if the Director deter- ‘‘(9) MENTORING, REENTRY, AND SPIRITUAL among similarly classified prisoners of dif- mines that a compelling reason exists to do SERVICES.—Any prerelease custody into ferent demographic groups, in such rates. so, and that the prisoner has demonstrated which a prisoner is placed under this sub- exemplary compliance with such conditions. section may not include a condition prohib- SEC. 104. AUTHORIZATION OF APPROPRIATIONS. ‘‘(iv) DURATION.—Except as provided in iting the prisoner from receiving mentoring, (a) IN GENERAL.—There is authorized to be paragraph (4), a prisoner who is placed in reentry, or spiritual services from a person appropriated to carry out this title home confinement shall remain in home con- who provided such services to the prisoner $75,000,000 for each of fiscal years 2019 finement until the prisoner has served not while the prisoner was incarcerated, except through 2023. Of the amount appropriated less than 85 percent of the prisoner’s imposed that the warden of the facility at which the under this subsection, 80 percent shall be re- term of imprisonment. prisoner was incarcerated may waive the re- served for use by the Director of the Bureau ‘‘(B) RESIDENTIAL REENTRY CENTER.—A quirement under this paragraph if the war- of Prisons to implement the system under prisoner placed in prerelease custody pursu- den finds that the provision of such services section 3621(h) of title 18, United States ant to this subsection who is placed at a resi- would pose a significant security risk to the Code, as added by section 102(a) of this Act. dential reentry center shall be subject to prisoner, persons who provide such services, (b) SAVINGS.—It is the sense of Congress such conditions as the Director of the Bu- or any other person. The warden shall pro- that any savings associated with reductions reau of Prisons determines appropriate. vide written notice of any such waiver to the in recidivism that result from this title ‘‘(3) SUPERVISED RELEASE.—If the sen- person providing such services and to the should be reinvested— tencing court included as a part of the pris- prisoner. (1) to supplement funding for programs oner’s sentence a requirement that the pris- ‘‘(10) TIME LIMITS INAPPLICABLE.—The time that increase public safety by providing re- oner be placed on a term of supervised re- limits under subsections (b) and (c) shall not sources to State and local law enforcement

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.084 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7606 CONGRESSIONAL RECORD — SENATE December 13, 2018 officials, including for the adoption of inno- prior experience working within the Bureau TITLE II—BUREAU OF PRISONS SECURE vative technologies and information sharing of Prisons; and FIREARMS STORAGE capabilities; (3) 1 individual with expertise in assessing SEC. 201. SHORT TITLE. (2) into evidence-based recidivism reduc- risk assessment implementation. This title may be cited as the ‘‘Lieutenant tion programs offered by the Bureau of Pris- (e) DUTIES OF THE INDEPENDENT REVIEW Osvaldo Albarati Correctional Officer Self- ons; and COMMITTEE.—The Independent Review Com- Protection Act of 2018’’. (3) into ensuring eligible prisoners have ac- mittee shall assist the Attorney General in SEC. 202. SECURE FIREARMS STORAGE. cess to such programs and productive activi- carrying out the Attorney General’s duties (a) IN GENERAL.—Chapter 303 of title 18, ties offered by the Bureau of Prisons. under sections 3631(b), 3632 and 3633 of title United States Code, is amended by adding at SEC. 105. RULE OF CONSTRUCTION. 18, United States Code, as added by section the end the following: Nothing in this Act, or the amendments 101(a) of this Act, including by assisting in— ‘‘§ 4050. Secure firearms storage made by this Act, may be construed to pro- (1) conducting a review of the existing pris- vide authority to place a prisoner in ‘‘(a) DEFINITIONS.—In this section— oner risk and needs assessment systems in ‘‘(1) the term ‘employee’ means a qualified prerelease custody or supervised release who operation on the date of enactment of this is serving a term of imprisonment pursuant law enforcement officer employed by the Bu- Act; reau of Prisons; and to a conviction for an offense under the laws (2) developing recommendations regarding of one of the 50 States, or of a territory or ‘‘(2) the terms ‘firearm’ and ‘qualified law evidence-based recidivism reduction pro- enforcement officer’ have the meanings possession of the United States or to amend grams and productive activities; or affect the enforcement of the immigration given those terms under section 926B. (3) conducting research and data analysis ‘‘(b) SECURE FIREARMS STORAGE.—The Di- laws, as defined in section 101 of the Immi- on— rector of the Bureau of Prisons shall ensure gration and Nationality Act (8 U.S.C. 1101). (A) evidence-based recidivism reduction that each chief executive officer of a Federal SEC. 106. FAITH-BASED CONSIDERATIONS. programs relating to the use of prisoner risk penal or correctional institution— (a) IN GENERAL.—In considering any pro- and needs assessment tools; ‘‘(1)(A) provides a secure storage area lo- gram, treatment, regimen, group, company, (B) the most effective and efficient uses of cated outside of the secure perimeter of the charity, person, or entity of any kind under such programs; and institution for employees to store firearms; any provision of this Act, or the amend- (C) which evidence-based recidivism reduc- or ments made by this Act, the fact that it may tion programs are the most effective at re- ‘‘(B) allows employees to store firearms in be or is faith-based may not be a basis for ducing recidivism, and the type, amount, and a vehicle lockbox approved by the Director any discrimination against it in any manner intensity of programming that most effec- of the Bureau of Prisons; and or for any purpose. tively reduces the risk of recidivism; and ‘‘(2) notwithstanding any other provision (b) ELIGIBILITY FOR EARNED TIME CREDIT.— (4) reviewing and validating the risk and of law, allows employees to carry concealed Participation in a faith-based program, needs assessment system. firearms on the premises outside of the se- treatment, or regimen may qualify a pris- cure perimeter of the institution.’’. oner for earned time credit under subchapter (f) BUREAU OF PRISONS COOPERATION.—The Director of the Bureau of Prisons shall assist (b) TECHNICAL AND CONFORMING AMEND- D of chapter 229 of title 18, United States MENT.—The table of sections for chapter 303 Code, as added by section 101(a) of this Act, the Independent Review Committee in per- forming the Committee’s duties and prompt- of title 18, United States Code, is amended by however, the Director of the Bureau of Pris- adding at the end the following: ons shall ensure that non-faith-based pro- ly respond to requests from the Committee ‘‘4050. Secure firearms storage.’’. grams that qualify for earned time credit are for access to Bureau of Prisons facilities, offered at each Bureau of Prisons facility in personnel, and information. TITLE III—RESTRAINTS ON PREGNANT PRISONERS PROHIBITED addition to any such faith-based programs. (g) REPORT.—Not later than 2 years after (c) LIMITATION ON ACTIVITIES.—A group, the date of enactment of this Act, the Inde- SEC. 301. USE OF RESTRAINTS ON PRISONERS company, charity, person, or entity may not pendent Review Committee shall submit to DURING THE PERIOD OF PREG- engage in faith-based activities using direct NANCY AND POSTPARTUM RECOV- the Committee on the Judiciary and the ERY PROHIBITED. financial assistance made available under Subcommittee on Commerce, Justice, this title or the amendments made by this (a) IN GENERAL.—Chapter 317 of title 18, Science, and Related Agencies of the Com- United States Code, is amended by inserting title. mittee on Appropriations of the Senate and (d) RULE OF CONSTRUCTION.—Nothing in after section 4321 the following: the Committee on the Judiciary and the this Act, or the amendments made by this ‘‘§ 4322. Use of restraints on prisoners during Subcommittee on Commerce, Justice, Act, may be construed to amend any require- the period of pregnancy, labor, and Science, and Related Agencies of the Com- ment under Federal law or the Constitution postpartum recovery prohibited mittee on Appropriations of the House of of the United States regarding funding for ‘‘(a) PROHIBITION.—Except as provided in Representatives a report that includes— faith-based programs or activities. subsection (b), beginning on the date on (1) a list of all offenses of conviction for SEC. 107. INDEPENDENT REVIEW COMMITTEE. which pregnancy is confirmed by a which prisoners were ineligible to receive healthcare professional, and ending at the (a) IN GENERAL.—The Attorney General time credits under section 3632(d)(4)(D) of conclusion of postpartum recovery, a pris- shall consult with an Independent Review title 18, United States Code, as added by sec- oner in the custody of the Bureau of Prisons, Committee in carrying out the Attorney tion 101(a) of this Act, and for each offense or in the custody of the United States Mar- General’s duties under sections 3631(b), 3632 the number of prisoners excluded, including shals Service pursuant to section 4086, shall and 3633 of title 18, United States Code, as demographic percentages by age, race, and not be placed in restraints. added by section 101(a) of this Act. sex; (b) FORMATION OF INDEPENDENT REVIEW ‘‘(b) EXCEPTIONS.— (2) the criminal history categories of pris- COMMITTEE.—The National Institute of Jus- ‘‘(1) IN GENERAL.—The prohibition under oners ineligible to receive time credits under tice shall select a nonpartisan and nonprofit subsection (a) shall not apply if— section 3632(d)(4)(D) of title 18, United States organization with expertise in the study and ‘‘(A) an appropriate corrections official, or Code, as added by section 101(a) of this Act, development of risk and needs assessment a United States marshal, as applicable, and for each category the number of pris- tools to host the Independent Review Com- makes a determination that the prisoner— oners excluded, including demographic per- mittee. The Independent Review Committee ‘‘(i) is an immediate and credible flight centages by age, race, and sex; shall be established not later than 30 days risk that cannot reasonably be prevented by (3) the number of prisoners ineligible to after the date of enactment of this Act. other means; or apply time credits under section 3632(d)(4)(D) (c) APPOINTMENT OF INDEPENDENT REVIEW ‘‘(ii) poses an immediate and serious threat of title 18, United States Code, as added by COMMITTEE.—The organization selected by of harm to herself or others that cannot rea- section 101(a) of this Act, who do not partici- the National Institute of Justice shall ap- sonably be prevented by other means; or pate in recidivism reduction programming or point not fewer than 6 members to the Inde- ‘‘(B) a healthcare professional responsible productive activities, including the demo- pendent Review Committee. for the health and safety of the prisoner de- graphic percentages by age, race, and sex; (d) COMPOSITION OF THE INDEPENDENT RE- termines that the use of restraints is appro- (4) any recommendations for modifications VIEW COMMITTEE.—The members of the Inde- priate for the medical safety of the prisoner. to section 3632(d)(4)(D) of title 18, United pendent Review Committee shall all have ex- ‘‘(2) LEAST RESTRICTIVE RESTRAINTS.—In States Code, as added by section 101(a) of pertise in risk and needs assessment systems the case that restraints are used pursuant to this Act, and any other recommendations re- and shall include— an exception under paragraph (1), only the garding recidivism reduction. (1) 2 individuals who have published peer- least restrictive restraints necessary to pre- reviewed scholarship about risk and needs (h) TERMINATION.—The Independent Review vent the harm or risk of escape described in assessments in both corrections and commu- Committee shall terminate on the date that paragraph (1) may be used. nity settings; is 2 years after the date on which the risk ‘‘(3) APPLICATION.— (2) 2 corrections practitioners who have de- and needs assessment system authorized by ‘‘(A) IN GENERAL.—The exceptions under veloped and implemented a risk assessment sections 3632 and 3633 of title 18, United paragraph (1) may not be applied— tool in a corrections system or in a commu- States Code, as added by section 101(a) of ‘‘(i) to place restraints around the ankles, nity supervision setting, including 1 with this Act, is released. legs, or waist of a prisoner;

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.084 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7607 ‘‘(ii) to restrain a prisoner’s hands behind ‘‘(A) how to identify certain symptoms of ment which may not be less than 20 years’’ her back; pregnancy that require immediate referral and inserting the following: ‘‘If any person ‘‘(iii) to restrain a prisoner using 4-point to a healthcare professional; commits such a violation after a prior con- restraints; or ‘‘(B) circumstances under which the excep- viction for a serious drug felony or serious ‘‘(iv) to attach a prisoner to another pris- tions under subsection (b) would apply; violent felony has become final, such person oner. ‘‘(C) in the case that an exception under shall be sentenced to a term of imprisonment ‘‘(B) MEDICAL REQUEST.—Notwithstanding subsection (b) applies, how to apply re- of not less than 15 years’’; and paragraph (1), upon the request of a straints in a way that does not harm the (ii) by striking ‘‘after two or more prior healthcare professional who is responsible prisoner, the fetus, or the neonate; convictions for a felony drug offense have be- for the health and safety of a prisoner, a cor- ‘‘(D) the information required to be re- come final, such person shall be sentenced to rections official or United States marshal, as ported under subsection (c); and a mandatory term of life imprisonment with- applicable, shall refrain from using re- ‘‘(E) the right of a healthcare professional out release’’ and inserting the following: straints on the prisoner or shall remove re- to request that restraints not be used, and ‘‘after 2 or more prior convictions for a seri- straints used on the prisoner. the requirement under subsection (b)(3)(B) to ous drug felony or serious violent felony ‘‘(c) REPORTS.— comply with such a request. have become final, such person shall be sen- ‘‘(1) REPORT TO THE DIRECTOR AND ‘‘(2) DEVELOPMENT OF GUIDELINES.—In de- tenced to a term of imprisonment of not less HEALTHCARE PROFESSIONAL.—If a corrections veloping the guidelines required by para- than 25 years’’; and official or United States marshal uses re- graph (1), the Directors shall each consult (B) in subparagraph (B), in the matter fol- straints on a prisoner under subsection with healthcare professionals with expertise lowing clause (viii), by striking ‘‘If any per- (b)(1), that official or marshal shall submit, in caring for women during the period of son commits such a violation after a prior not later than 30 days after placing the pris- pregnancy and postpartum recovery. conviction for a felony drug offense has be- oner in restraints, to the Director of the Bu- ‘‘(g) DEFINITIONS.—For purposes of this sec- come final’’ and inserting the following: ‘‘If reau of Prisons or the Director of the United tion: any person commits such a violation after a States Marshals Service, as applicable, and ‘‘(1) POSTPARTUM RECOVERY.—The term prior conviction for a serious drug felony or to the healthcare professional responsible for ‘postpartum recovery’ means the 12-week pe- serious violent felony has become final’’. the health and safety of the prisoner, a writ- riod, or longer as determined by the (b) CONTROLLED SUBSTANCES IMPORT AND ten report that describes the facts and cir- healthcare professional responsible for the EXPORT ACT AMENDMENTS.—Section 1010(b) of the Controlled Substances Import and Ex- cumstances surrounding the use of re- health and safety of the prisoner, following port Act (21 U.S.C. 960(b)) is amended— straints, and includes— delivery, and shall include the entire period (1) in paragraph (1), in the matter fol- ‘‘(A) the reasoning upon which the deter- that the prisoner is in the hospital or infir- lowing subparagraph (H), by striking ‘‘If any mination to use restraints was made; mary. person commits such a violation after a prior ‘‘(B) the details of the use of restraints, in- ‘‘(2) PRISONER.—The term ‘prisoner’ means conviction for a felony drug offense has be- cluding the type of restraints used and a person who has been sentenced to a term of come final, such person shall be sentenced to length of time during which restraints were imprisonment pursuant to a conviction for a a term of imprisonment of not less than 20 used; and Federal criminal offense, or a person in the years’’ and inserting ‘‘If any person commits ‘‘(C) any resulting physical effects on the custody of the Bureau of Prisons, including a such a violation after a prior conviction for prisoner observed by or known to the correc- person in a Bureau of Prisons contracted fa- a serious drug felony or serious violent fel- tions official or United States marshal, as cility. ony has become final, such person shall be applicable. ‘‘(3) RESTRAINTS.—The term ‘restraints’ means any physical or mechanical device sentenced to a term of imprisonment of not ‘‘(2) SUPPLEMENTAL REPORT TO THE DIREC- used to control the movement of a prisoner’s less than 15 years’’; and TOR.—Upon receipt of a report under para- (2) in paragraph (2), in the matter fol- graph (1), the healthcare professional respon- body, limbs, or both.’’. LERICAL AMENDMENT.—The table of lowing subparagraph (H), by striking ‘‘felony sible for the health and safety of the prisoner (b) C sections for chapter 317 of title 18, United drug offense’’ and inserting ‘‘serious drug fel- may submit to the Director such informa- States Code, is amended by adding after the ony or serious violent felony’’. tion as the healthcare professional deter- item relating to section 4321 the following: (c) APPLICABILITY TO PENDING CASES.—This mines is relevant to the use of restraints on section, and the amendments made by this the prisoner. ‘‘4322. Use of restraints on prisoners during the period of pregnancy, labor, section, shall apply to any offense that was ‘‘(3) REPORT TO JUDICIARY COMMITTEES.— committed before the date of enactment of ‘‘(A) IN GENERAL.—Not later than 1 year and postpartum recovery pro- hibited.’’. this Act, if a sentence for the offense has not after the date of enactment of this section, been imposed as of such date of enactment. and annually thereafter, the Director of the TITLE IV—SENTENCING REFORM SEC. 402. BROADENING OF EXISTING SAFETY Bureau of Prisons and the Director of the SEC. 401. REDUCE AND RESTRICT ENHANCED VALVE. United States Marshals Service shall each SENTENCING FOR PRIOR DRUG (a) AMENDMENTS.—Section 3553 of title 18, submit to the Judiciary Committee of the FELONIES. United States Code, is amended— Senate and of the House of Representatives a (a) CONTROLLED SUBSTANCES ACT AMEND- (1) in subsection (f)— report that certifies compliance with this MENTS.—The Controlled Substances Act (21 (A) in the matter preceding paragraph (1)— section and includes the information re- U.S.C. 801 et seq.) is amended— (i) by striking ‘‘or section 1010’’ and insert- quired to be reported under paragraph (1). (1) in section 102 (21 U.S.C. 802), by adding ing ‘‘, section 1010’’; and ‘‘(B) PERSONALLY IDENTIFIABLE INFORMA- at the end the following: (ii) by inserting ‘‘, or section 70503 or 70506 TION.—The report under this paragraph shall ‘‘(57) The term ‘serious drug felony’ means of title 46’’ after ‘‘963)’’; not contain any personally identifiable in- an offense described in section 924(e)(2) of (B) by striking paragraph (1) and inserting formation of any prisoner. title 18, United States Code, for which— the following: ‘‘(A) the offender served a term of impris- ‘‘(d) NOTICE.—Not later than 48 hours after ‘‘(1) the defendant does not have— the confirmation of a prisoner’s pregnancy onment of more than 12 months; and ‘‘(A) more than 4 criminal history points, by a healthcare professional, that prisoner ‘‘(B) the offender’s release from any term excluding any criminal history points result- shall be notified by an appropriate of imprisonment was within 15 years of the ing from a 1-point offense, as determined healthcare professional, corrections official, commencement of the instant offense. under the sentencing guidelines; or United States marshal, as applicable, of ‘‘(58) The term ‘serious violent felony’ ‘‘(B) a prior 3-point offense, as determined the restrictions on the use of restraints means— under the sentencing guidelines; and under this section. ‘‘(A) an offense described in section ‘‘(C) a prior 2-point violent offense, as de- 3559(c)(2) of title 18, United States Code, for ‘‘(e) VIOLATION REPORTING PROCESS.—The termined under the sentencing guidelines;’’; which the offender served a term of impris- and Director of the Bureau of Prisons, in con- onment of more than 12 months; and sultation with the Director of the United (C) by adding at the end the following: ‘‘(B) any offense that would be a felony ‘‘Information disclosed by a defendant under States Marshals Service, shall establish a violation of section 113 of title 18, United process through which a prisoner may report this subsection may not be used to enhance States Code, if the offense were committed the sentence of the defendant unless the in- a violation of this section. in the special maritime and territorial juris- formation relates to a violent offense.’’; and ‘‘(f) TRAINING.— diction of the United States, for which the (2) by adding at the end the following: ‘‘(1) IN GENERAL.—The Director of the Bu- offender served a term of imprisonment of ‘‘(g) DEFINITION OF VIOLENT OFFENSE.—As reau of Prisons and the Director of the more than 12 months.’’; and used in this section, the term ‘violent of- United States Marshals Service shall each (2) in section 401(b)(1) (21 U.S.C. 841(b)(1))— fense’ means a crime of violence, as defined develop training guidelines regarding the use (A) in subparagraph (A), in the matter fol- in section 16, that is punishable by imprison- of restraints on female prisoners during the lowing clause (viii)— ment.’’. period of pregnancy, labor, and postpartum (i) by striking ‘‘If any person commits such (b) APPLICABILITY.—The amendments made recovery, and shall incorporate such guide- a violation after a prior conviction for a fel- by this section shall apply only to a convic- lines into appropriate training programs. ony drug offense has become final, such per- tion entered on or after the date of enact- Such training guidelines shall include— son shall be sentenced to a term of imprison- ment of this Act.

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.084 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7608 CONGRESSIONAL RECORD — SENATE December 13, 2018 SEC. 403. CLARIFICATION OF SECTION 924(c) OF (3) by striking subsections (d), (e), and (f) ‘‘(A) reflects explicit support of the chief TITLE 18, UNITED STATES CODE. and inserting the following: executive officer, or their designee, of the (a) IN GENERAL.—Section 924(c)(1)(C) of ‘‘(d) COMBINED GRANT APPLICATION; PRI- State, unit of local government, territory, or title 18, United States Code, is amended, in ORITY CONSIDERATION.— Indian tribe applying for a grant under this the matter preceding clause (i), by striking ‘‘(1) IN GENERAL.—The Attorney General subsection; ‘‘second or subsequent conviction under this shall develop a procedure to allow applicants ‘‘(B) provides discussion of the role of Fed- subsection’’ and inserting ‘‘violation of this to submit a single application for a planning eral corrections, State corrections depart- subsection that occurs after a prior convic- grant under subsection (e) and an implemen- ments, community corrections agencies, ju- tion under this subsection has become final’’. tation grant under subsection (f). venile justice systems, and tribal or local (b) APPLICABILITY TO PENDING CASES.—This ‘‘(2) PRIORITY CONSIDERATION.—The Attor- jail systems in ensuring successful reentry of section, and the amendments made by this ney General shall give priority consideration offenders into their communities; section, shall apply to any offense that was to grant applications under subsections (e) ‘‘(C) provides evidence of collaboration committed before the date of enactment of and (f) that include a commitment by the ap- with State, local, or tribal government agen- this Act, if a sentence for the offense has not plicant to partner with a local evaluator to cies overseeing health, housing, child wel- been imposed as of such date of enactment. identify and analyze data that will— fare, education, substance abuse, victims SEC. 404. APPLICATION OF FAIR SENTENCING ‘‘(A) enable the grantee to target the in- services, and employment services, and with ACT. tended offender population; and local law enforcement agencies; (a) DEFINITION OF COVERED OFFENSE.—In ‘‘(B) serve as a baseline for purposes of the ‘‘(D) provides a plan for analysis of the this section, the term ‘‘covered offense’’ evaluation. statutory, regulatory, rules-based, and prac- means a violation of a Federal criminal stat- tice-based hurdles to reintegration of offend- ‘‘(e) PLANNING GRANTS.— ute, the statutory penalties for which were ers into the community; ‘‘(1) IN GENERAL.—Except as provided in modified by section 2 or 3 of the Fair Sen- paragraph (3), the Attorney General may ‘‘(E) includes the use of a State, local, ter- ritorial, or tribal task force, described in tencing Act of 2010 (Public Law 111–220; 124 make a grant to an eligible entity of not subsection (i), to carry out the activities Stat. 2372), that was committed before Au- more than $75,000 to develop a strategic, col- funded under the grant; gust 3, 2010. laborative plan for an adult or juvenile of- ‘‘(F) provides a plan for continued collabo- (b) DEFENDANTS PREVIOUSLY SENTENCED.— fender reentry demonstration project as de- ration with a local evaluator as necessary to A court that imposed a sentence for a cov- scribed in subsection (h) that includes— meeting the requirements under subsection ered offense may, on motion of the defend- ‘‘(A) a budget and a budget justification; (h); and ant, the Director of the Bureau of Prisons, ‘‘(B) a description of the outcome measures ‘‘(G) demonstrates that the applicant par- the attorney for the Government, or the that will be used to measure the effective- ticipated in the planning grant process or en- court, impose a reduced sentence as if sec- ness of the program in promoting public tions 2 and 3 of the Fair Sentencing Act of gaged in comparable planning for the reentry safety and public health; project. 2010 (Public Law 111–220; 124 Stat. 2372) were ‘‘(C) the activities proposed; in effect at the time the covered offense was ‘‘(3) PRIORITY CONSIDERATIONS.—The Attor- ‘‘(D) a schedule for completion of the ac- ney General shall give priority to grant ap- committed. tivities described in subparagraph (C); and (c) LIMITATIONS.—No court shall entertain plications under this subsection that best— ‘‘(E) a description of the personnel nec- a motion made under this section to reduce ‘‘(A) focus initiative on geographic areas essary to complete the activities described a sentence if the sentence was previously im- with a disproportionate population of offend- in subparagraph (C). posed or previously reduced in accordance ers released from prisons, jails, and juvenile ‘‘(2) MAXIMUM TOTAL GRANTS AND GEO- with the amendments made by sections 2 and facilities; GRAPHIC DIVERSITY.— 3 of the Fair Sentencing Act of 2010 (Public ‘‘(B) include— ‘‘(A) MAXIMUM AMOUNT.—The Attorney Law 111–220; 124 Stat. 2372) or if a previous ‘‘(i) input from nonprofit organizations, in General may not make initial planning motion made under this section to reduce any case where relevant input is available grants and implementation grants to 1 eligi- the sentence was, after the date of enact- and appropriate to the grant application; ble entity in a total amount that is more ment of this Act, denied after a complete re- ‘‘(ii) consultation with crime victims and than a $1,000,000. view of the motion on the merits. Nothing in offenders who are released from prisons, ‘‘(B) GEOGRAPHIC DIVERSITY.—The Attorney this section shall be construed to require a jails, and juvenile facilities; General shall make every effort to ensure eq- court to reduce any sentence pursuant to ‘‘(iii) coordination with families of offend- uitable geographic distribution of grants this section. ers; under this section and take into consider- ‘‘(iv) input, where appropriate, from the ju- TITLE V—SECOND CHANCE ACT OF 2007 ation the needs of underserved populations, venile justice coordinating council of the re- REAUTHORIZATION including rural and tribal communities. gion; SEC. 501. SHORT TITLE. ‘‘(3) PERIOD OF GRANT.—A planning grant ‘‘(v) input, where appropriate, from the re- This title may be cited as the ‘‘Second made under this subsection shall be for a pe- entry coordinating council of the region; or Chance Reauthorization Act of 2018’’. riod of not longer than 1 year, beginning on ‘‘(vi) input, where appropriate, from other SEC. 502. IMPROVEMENTS TO EXISTING PRO- the first day of the month in which the plan- interested persons; GRAMS. ning grant is made. ‘‘(C) demonstrate effective case assessment (a) REAUTHORIZATION OF ADULT AND JUVE- ‘‘(f) IMPLEMENTATION GRANTS.— and management abilities in order to provide NILE OFFENDER STATE AND LOCAL DEM- ‘‘(1) APPLICATIONS.—An eligible entity de- comprehensive and continuous reentry, in- ONSTRATION PROJECTS.—Section 2976 of title I siring an implementation grant under this cluding— of the Omnibus Crime Control and Safe subsection shall submit to the Attorney Gen- ‘‘(i) planning for prerelease transitional Streets Act of 1968 (34 U.S.C. 10631) is amend- eral an application that— housing and community release that begins ed— ‘‘(A) contains a reentry strategic plan as upon admission for juveniles and jail in- (1) by striking subsection (a) and inserting described in subsection (h), which describes mates, and, as appropriate, for prison in- the following: the long-term strategy and incorporates a mates, depending on the length of the sen- ‘‘(a) GRANT AUTHORIZATION.—The Attorney detailed implementation schedule, including tence; General shall make grants to States, local the plans of the applicant to fund the pro- ‘‘(ii) establishing prerelease planning pro- governments, territories, or Indian tribes, or gram after Federal funding is discontinued; cedures to ensure that the eligibility of an any combination thereof (in this section re- ‘‘(B) identifies the local government role offender for Federal, tribal, or State benefits ferred to as an ‘eligible entity’), in partner- and the role of governmental agencies and upon release is established prior to release, ship with interested persons (including Fed- nonprofit organizations that will be coordi- subject to any limitations in law, and to en- eral corrections and supervision agencies), nated by, and that will collaborate on, the sure that offenders obtain all necessary re- service providers, and nonprofit organiza- offender reentry strategy of the applicant, ferrals for reentry services, including assist- tions for the purpose of strategic planning and certifies the involvement of such agen- ance identifying and securing suitable hous- and implementation of adult and juvenile of- cies and organizations; ing; or fender reentry projects.’’; ‘‘(C) describes the evidence-based method- ‘‘(iii) delivery of continuous and appro- (2) in subsection (b)— ology and outcome measures that will be priate mental health services, drug treat- (A) in paragraph (3), by inserting ‘‘or re- used to evaluate the program funded with a ment, medical care, job training and place- entry courts,’’ after ‘‘community,’’; grant under this subsection, and specifically ment, educational services, vocational serv- (B) in paragraph (6), by striking ‘‘and’’ at explains how such measurements will pro- ices, and any other service or support needed the end; vide valid measures of the impact of that for reentry; (C) in paragraph (7), by striking the period program; and ‘‘(D) review the process by which the appli- at the end and inserting ‘‘; and’’; and ‘‘(D) describes how the project could be cant adjudicates violations of parole, proba- (D) by adding at the end the following: broadly replicated if demonstrated to be ef- tion, or supervision following release from ‘‘(8) promoting employment opportunities fective. prison, jail, or a juvenile facility, taking consistent with the Transitional Jobs strat- ‘‘(2) REQUIREMENTS.—The Attorney General into account public safety and the use of egy (as defined in section 4 of the Second may make a grant to an applicant under this graduated, community-based sanctions for Chance Act of 2007 (34 U.S.C. 60502)).’’; and subsection only if the application— minor and technical violations of parole,

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.084 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7609 probation, or supervision (specifically those ‘‘(I) increased enrollment in, and comple- ‘‘(C) job training; violations that are not otherwise, and inde- tion of treatment services, including sub- ‘‘(D) conflict resolution skills training; pendently, a violation of law); stance abuse and mental health services ‘‘(E) batterer intervention programs; and ‘‘(E) provide for an independent evaluation among those assessed as needing such serv- ‘‘(F) other appropriate social services; and of reentry programs that include, to the ices; ‘‘(6) establishes and implements graduated maximum extent possible, random assign- ‘‘(J) increased enrollment in and degrees sanctions and incentives.’’. ment and controlled studies to determine the earned from educational programs, including (b) GRANTS FOR FAMILY-BASED SUBSTANCE effectiveness of such programs; high school, GED, vocational training, and ABUSE TREATMENT.—Part DD of title I of the ‘‘(F) target moderate and high-risk offend- college education; Omnibus Crime Control and Safe Streets Act ers for reentry programs through validated ‘‘(K) increased number of individuals ob- of 1968 (34 U.S.C. 10591 et seq.) is amended— assessment tools; or taining and retaining employment; (1) in section 2921 (34 U.S.C. 10591), in the ‘‘(G) target offenders with histories of ‘‘(L) increased number of individuals ob- matter preceding paragraph (1), by inserting homelessness, substance abuse, or mental ill- taining and maintaining housing; ‘‘nonprofit organizations,’’ before ‘‘and In- ness, including a prerelease assessment of ‘‘(M) increased self-reports of successful dian’’; the housing status of the offender and behav- community living, including stability of liv- (2) in section 2923 (34 U.S.C. 10593), by add- ioral health needs of the offender with clear ing situation and positive family relation- ing at the end the following: coordination with mental health, substance ships; ‘‘(c) PRIORITY CONSIDERATIONS.—The Attor- abuse, and homelessness services systems to ‘‘(N) reduction in drug and alcohol use; and ney General shall give priority consideration ‘‘(O) reduction in recidivism rates for indi- achieve stable and permanent housing out- to grant applications for grants under sec- viduals receiving reentry services after re- comes with appropriate support service. tion 2921 that are submitted by a nonprofit lease, as compared to either baseline recidi- ‘‘(4) PERIOD OF GRANT.—A grant made organization that demonstrates a relation- vism rates in the jurisdiction of the grantee under this subsection shall be effective for a ship with State and local criminal justice or recidivism rates of the control or com- 2-year period— agencies, including— parison group.’’; ‘‘(A) beginning on the date on which the ‘‘(1) within the judiciary and prosecutorial (C) in paragraph (3), by striking ‘‘facili- planning grant awarded under subsection (e) agencies; or ties.’’ and inserting ‘‘facilities, including a ‘‘(2) with the local corrections agencies, concludes; or cost-benefit analysis to determine the cost ‘‘(B) in the case of an implementation which shall be documented by a written effectiveness of the reentry program.’’; agreement that details the terms of access to grant awarded to an eligible entity that did (D) in paragraph (4), by striking ‘‘this sec- not receive a planning grant, beginning on facilities and participants and provides in- tion’’ and inserting ‘‘subsection (f)’’; and formation on the history of the organization the date on which the implementation grant (E) in paragraph (5), by striking ‘‘this sec- is awarded.’’; of working with correctional populations.’’; tion’’ and inserting ‘‘subsection (f)’’; and (4) in subsection (h)— (7) in subsection (k)(1), by striking ‘‘this (A) by redesignating paragraphs (2) and (3) (3) by striking section 2926(a) and inserting section’’ each place the term appears and in- the following: as paragraphs (3) and (4), respectively; and serting ‘‘subsection (f)’’; (B) by striking paragraph (1) and inserting ‘‘(a) IN GENERAL.—There are authorized to (8) in subsection (l)— be appropriated to carry out this part the following: (A) in paragraph (2), by inserting ‘‘begin- $10,000,000 for each of fiscal years 2019 ‘‘(1) IN GENERAL.—As a condition of receiv- ning on the date on which the most recent through 2023.’’. ing financial assistance under subsection (f), implementation grant is made to the grantee (c) GRANT PROGRAM TO EVALUATE AND IM- each application shall develop a comprehen- under subsection (f)’’ after ‘‘2-year period’’; PROVE EDUCATIONAL METHODS AT PRISONS, sive reentry strategic plan that— and JAILS, AND JUVENILE FACILITIES.—Title I of ‘‘(A) contains a plan to assess inmate re- (B) in paragraph (4), by striking ‘‘over a 2- the Omnibus Crime Control and Safe Streets entry needs and measurable annual and 3- year period’’ and inserting ‘‘during the 2- Act of 1968 (42 U.S.C. 3711 et seq.) is amend- year performance outcomes; year period described in paragraph (2)’’; ed— ‘‘(B) uses, to the maximum extent possible, (9) in subsection (o)(1), by striking ‘‘appro- (1) by striking the second part designated randomly assigned and controlled studies, or priated’’ and all that follows and inserting rigorous quasi-experimental studies with the following: ‘‘appropriated $35,000,000 for as part JJ, as added by the Second Chance matched comparison groups, to determine each of fiscal years 2019 through 2023.’’; and Act of 2007 (Public Law 110–199; 122 Stat. 677), the effectiveness of the program funded with (10) by adding at the end the following: relating to grants to evaluate and improve a grant under subsection (f); and ‘‘(p) DEFINITION.—In this section, the term educational methods at prisons, jails, and ju- ‘‘(C) includes as a goal of the plan to re- ‘reentry court’ means a program that— venile facilities; duce the rate of recidivism for offenders re- ‘‘(1) monitors juvenile and adult eligible (2) by adding at the end the following: leased from prison, jail or a juvenile facility offenders reentering the community; ‘‘PART NN—GRANT PROGRAM TO EVALU- with funds made available under subsection ‘‘(2) provides continual judicial super- ATE AND IMPROVE EDUCATIONAL (f). vision; METHODS AT PRISONS, JAILS, AND JU- ‘‘(2) LOCAL EVALUATOR.—A partnership ‘‘(3) provides juvenile and adult eligible of- VENILE FACILITIES with a local evaluator described in sub- fenders reentering the community with co- ‘‘SEC. 3041. GRANT PROGRAM TO EVALUATE AND section (d)(2) shall require the local eval- ordinated and comprehensive reentry serv- IMPROVE EDUCATIONAL METHODS uator to use the baseline data and target ices and programs, such as— AT PRISONS, JAILS, AND JUVENILE population characteristics developed under a ‘‘(A) drug and alcohol testing and assess- FACILITIES. subsection (e) planning grant to derive a tar- ment for treatment; ‘‘(a) GRANT PROGRAM AUTHORIZED.—The get goal for recidivism reduction during the ‘‘(B) assessment for substance abuse from a Attorney General may carry out a grant pro- 3-year period beginning on the date of imple- substance abuse professional who is approved gram under which the Attorney General may mentation of the program.’’; by the State or Indian tribe and licensed by make grants to States, units of local govern- (5) in subsection (i)(1)— the appropriate entity to provide alcohol and ment, territories, Indian Tribes, and other (A) in the matter preceding subparagraph drug addiction treatment, as appropriate; public and private entities to— (A), by striking ‘‘under this section’’ and in- ‘‘(C) substance abuse treatment, including ‘‘(1) evaluate methods to improve academic serting ‘‘under subsection (f)’’; and medication-assisted treatment, from a pro- and vocational education for offenders in (B) in subparagraph (B), by striking ‘‘sub- vider that is approved by the State or Indian prisons, jails, and juvenile facilities; section (e)(4)’’ and inserting ‘‘subsection tribe, and licensed, if necessary, to provide ‘‘(2) identify, and make recommendations (f)(2)(D)’’; medical and other health services; to the Attorney General regarding, best (6) in subsection (j)— ‘‘(D) health (including mental health) serv- practices relating to academic and voca- (A) in paragraph (1), by inserting ‘‘for an ices and assessment; tional education for offenders in prisons, implementation grant under subsection (f)’’ ‘‘(E) aftercare and case management serv- jails, and juvenile facilities, based on the after ‘‘applicant’’; ices that— evaluation under paragraph (1); (B) in paragraph (2)— ‘‘(i) facilitate access to clinical care and ‘‘(3) improve the academic and vocational (i) in subparagraph (E), by inserting ‘‘, related health services; and education programs (including technology where appropriate’’ after ‘‘support’’; and ‘‘(ii) coordinate with such clinical care and career training) available to offenders in (ii) by striking subparagraphs (F), (G), and related health services; and prisons, jails, and juvenile facilities; and (H), and inserting the following: ‘‘(F) any other services needed for reentry; ‘‘(4) implement methods to improve aca- ‘‘(F) increased number of staff trained to ‘‘(4) convenes community impact panels, demic and vocational education for offenders administer reentry services; victim impact panels, or victim impact edu- in prisons, jails, and juvenile facilities con- ‘‘(G) increased proportion of individuals cational classes; sistent with the best practices identified in served by the program among those eligible ‘‘(5) provides and coordinates the delivery subsection (c). to receive services; of community services to juvenile and adult ‘‘(b) APPLICATION.—To be eligible for a ‘‘(H) increased number of individuals re- eligible offenders, including— grant under this part, a State or other entity ceiving risk screening needs assessment, and ‘‘(A) housing assistance; described in subsection (a) shall submit to case planning services; ‘‘(B) education; the Attorney General an application in such

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form and manner, at such time, and accom- (1) IN GENERAL.—Section 211 of the Second lead to unsubsidized employment such as a panied by such information as the Attorney Chance Act of 2007 (34 U.S.C. 60531) is amend- thorough orientation and individual assess- General specifies. ed— ment, job readiness and life skills training, ‘‘(c) BEST PRACTICES.—Not later than 180 (A) in the header, by striking ‘‘MENTORING case management and supportive services, days after the date of enactment of the Sec- GRANTS TO NONPROFIT ORGANIZATIONS’’ and in- adult education and training, child support- ond Chance Reauthorization Act of 2018, the serting ‘‘COMMUNITY-BASED MENTORING AND related services, job retention support and Attorney General shall identify and publish TRANSITIONAL SERVICE GRANTS TO NONPROFIT incentives, and other similar activities; best practices relating to academic and voca- ORGANIZATIONS’’; ‘‘(E) places participants into unsubsidized tional education for offenders in prisons, (B) in subsection (a), by striking ‘‘men- employment; and jails, and juvenile facilities. The best prac- toring and other’’; ‘‘(F) provides job retention, re-employment tices shall consider the evaluations per- (C) in subsection (b), by striking paragraph services, and continuing and vocational edu- formed and recommendations made under (2) and inserting the following: cation to ensure continuing participation in grants made under subsection (a) before the ‘‘(2) transitional services to assist in the unsubsidized employment and identification date of enactment of the Second Chance Re- reintegration of offenders into the commu- of opportunities for advancement.’’. authorization Act of 2018. nity, including— (2) TABLE OF CONTENTS AMENDMENT.—The ‘‘(d) REPORT.—Not later than 90 days after ‘‘(A) educational, literacy, and vocational, table of contents in section 2 of the Second the last day of the final fiscal year of a grant under this part, each entity described in sub- services and the Transitional Jobs strategy; Chance Act of 2007 (Public Law 110–199; 122 section (a) receiving such a grant shall sub- ‘‘(B) substance abuse treatment and serv- Stat. 657) is amended by striking the item re- mit to the Attorney General a detailed re- ices; lating to section 4 and inserting the fol- port of the progress made by the entity using ‘‘(C) coordinated supervision and services lowing: such grant, to permit the Attorney General for offenders, including physical health care ‘‘Sec. 4. Definitions.’’. to evaluate and improve academic and voca- and comprehensive housing and mental (h) EXTENSION OF THE LENGTH OF SECTION tional education methods carried out with health care; 2976 GRANTS.—Section 6(1) of the Second grants under this part.’’; and ‘‘(D) family services; and Chance Act of 2007 (34 U.S.C. 60504(1)) is (3) in section 1001(a) of part J of title I of ‘‘(E) validated assessment tools to assess amended by inserting ‘‘or under section 2976 the Omnibus Crime Control and Safe Streets the risk factors of returning inmates; and’’; of the Omnibus Crime Control and Safe Act of 1968 (34 U.S.C. 10261(a)), by adding at and Streets Act of 1968 (34 U.S.C. 10631)’’ after the end the following: (D) in subsection (f), by striking ‘‘this sec- ‘‘and 212’’. ‘‘(28) There are authorized to be appro- tion’’ and all that follows and inserting the SEC. 503. AUDIT AND ACCOUNTABILITY OF priated to carry out section 3031(a)(4) of part following: ‘‘this section $15,000,000 for each of GRANTEES. NN $5,000,000 for each of fiscal years 2019, fiscal years 2019 through 2023.’’. (a) DEFINITIONS.—In this section— 2020, 2021, 2022, and 2023.’’. (2) TABLE OF CONTENTS AMENDMENT.—The (1) the term ‘‘covered grant program’’ (d) CAREERS TRAINING DEMONSTRATION table of contents in section 2 of the Second means grants awarded under section 115, 201, GRANTS.—Section 115 of the Second Chance Chance Act of 2007 (Public Law 110–199; 122 or 211 of the Second Chance Act of 2007 (34 Act of 2007 (34 U.S.C. 60511) is amended— Stat. 657) is amended by striking the item re- U.S.C. 60511, 60521, and 60531), as amended by (1) in the heading, by striking ‘‘TECH- lating to section 211 and inserting the fol- this title; NOLOGY CAREERS’’ and inserting ‘‘CAREERS’’; lowing: (2) the term ‘‘covered grantee’’ means a re- (2) in subsection (a)— ‘‘Sec. 211. Community-based mentoring and cipient of a grant from a covered grant pro- (A) by striking ‘‘and Indian’’ and inserting transitional service grants.’’. gram; ‘‘nonprofit organizations, and Indian’’; and (g) DEFINITIONS.— (3) the term ‘‘nonprofit’’, when used with (B) by striking ‘‘technology career training (1) IN GENERAL.—Section 4 of the Second respect to an organization, means an organi- to prisoners’’ and inserting ‘‘career training, Chance Act of 2007 (34 U.S.C. 60502) is amend- zation that is described in section 501(c)(3) of including subsidized employment, when part ed to read as follows: the Internal Revenue Code of 1986, and is ex- of a training program, to prisoners and reen- ‘‘SEC. 4. DEFINITIONS. empt from taxation under section 501(a) of tering youth and adults’’; ‘‘In this Act— such Code; and (3) in subsection (b)— ‘‘(1) the term ‘exoneree’ means an indi- (4) the term ‘‘unresolved audit finding’’ (A) by striking ‘‘technology careers train- vidual who— means an audit report finding in a final ing’’; ‘‘(A) has been convicted of a Federal, trib- audit report of the Inspector General of the (B) by striking ‘‘technology-based’’; and al, or State offense that is punishable by a Department of Justice that a covered grant- (C) by inserting ‘‘, as well as upon transi- term of imprisonment of more than 1 year; ee has used grant funds awarded to that tion and reentry into the community’’ after ‘‘(B) has served a term of imprisonment for grantee under a covered grant program for ‘‘facility’’; not less than 6 months in a Federal, tribal, an unauthorized expenditure or otherwise (4) by striking subsection (e); or State prison or correctional facility as a unallowable cost that is not closed or re- (5) by redesignating subsections (c) and (d) result of the conviction described in subpara- solved during a 12-month period prior to the as subsections (d) and (e), respectively; graph (A); and date on which the final audit report is (6) by inserting after subsection (b) the fol- ‘‘(C) has been determined to be factually issued. lowing: innocent of the offense described in subpara- (b) AUDIT REQUIREMENT.—Beginning in fis- ‘‘(c) PRIORITY CONSIDERATION.—Priority graph (A); cal year 2019, and annually thereafter, the consideration shall be given to any applica- ‘‘(2) the term ‘Indian tribe’ has the mean- Inspector General of the Department of Jus- tion under this section that— ing given in section 901 of title I of the Omni- tice shall conduct audits of covered grantees ‘‘(1) provides assessment of local demand bus Crime Control and Safe Streets Act of to prevent waste, fraud, and abuse of funds for employees in the geographic areas to 1968 (34 U.S.C. 10251); awarded under covered grant programs. The which offenders are likely to return; ‘‘(3) the term ‘offender’ includes an Inspector General shall determine the appro- ‘‘(2) conducts individualized reentry career exoneree; and priate number of covered grantees to be au- planning upon the start of incarceration or ‘‘(4) the term ‘Transitional Jobs strategy’ dited each year. post-release employment planning for each means an employment strategy for youth (c) MANDATORY EXCLUSION.—A grantee that offender served under the grant; and adults who are chronically unemployed is found to have an unresolved audit finding ‘‘(3) demonstrates connections to employ- or those that have barriers to employment under an audit conducted under subsection ers within the local community; or that— (b) may not receive grant funds under a cov- ‘‘(4) tracks and monitors employment out- ‘‘(A) is conducted by State, tribal, and ered grant program in the fiscal year fol- comes.’’; and local governments, State, tribal, and local lowing the fiscal year to which the finding (7) by adding at the end the following: workforce boards, and nonprofit organiza- relates. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to tions; (d) REIMBURSEMENT.—If a covered grantee carry out this section $10,000,000 for each of ‘‘(B) provides time-limited employment is awarded funds under the covered grant fiscal years 2019, 2020, 2021, 2022, and 2023.’’. using individual placements, team place- program from which it received a grant (e) OFFENDER REENTRY SUBSTANCE ABUSE ments, and social enterprise placements, award during the 1-fiscal-year period during AND CRIMINAL JUSTICE COLLABORATION PRO- without displacing existing employees; which the covered grantee is ineligible for an GRAM.—Section 201(f)(1) of the Second ‘‘(C) pays wages in accordance with appli- allocation of grant funds under subsection Chance Act of 2007 (34 U.S.C. 60521(f)(1)) is cable law, but in no event less than the high- (c), the Attorney General shall— amended to read as follows: er of the rate specified in section 6(a)(1) of (1) deposit into the General Fund of the ‘‘(1) IN GENERAL.—There are authorized to the Fair Labor Standards Act of 1938 (29 Treasury an amount that is equal to the be appropriated to carry out this section U.S.C. 206(a)(1)) or the applicable State or amount of the grant funds that were improp- $15,000,000 for each of fiscal years 2019 local minimum wage law, which are sub- erly awarded to the covered grantee; and through 2023.’’. sidized, in whole or in part, by public funds; (2) seek to recoup the costs of the repay- (f) COMMUNITY-BASED MENTORING AND ‘‘(D) combines time-limited employment ment to the Fund from the covered grantee TRANSITIONAL SERVICE GRANTS TO NONPROFIT with activities that promote skill develop- that was improperly awarded the grant ORGANIZATIONS.— ment, remove barriers to employment, and funds.

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(e) PRIORITY OF GRANT AWARDS.—The At- ‘‘$5,000,000 for each of the fiscal years 2019, Secretaries listed in subsection (a), shall torney General, in awarding grants under a 2020, 2021, 2022, and 2023’’. submit to Congress a report summarizing the covered grant program shall give priority to (f) FEDERAL PRISONER RECIDIVISM REDUC- achievements under subsection (a), and in- eligible entities that during the 2-year pe- TION PROGRAMMING ENHANCEMENT.— cluding recommendations for Congress that riod preceding the application for a grant (1) IN GENERAL.—Section 3621 of title 18, would further reduce barriers to successful have not been found to have an unresolved United States Code, as amended by section reentry. audit finding. 102(a) of this Act, is amended— SEC. 506. CONFERENCE EXPENDITURES. (f) NONPROFIT REQUIREMENTS.— (A) by redesignating subsection (g) as sub- (a) LIMITATION.—No amounts authorized to (1) PROHIBITION.—A nonprofit organization section (i); and be appropriated to the Department of Justice that holds money in offshore accounts for (B) by inserting after subsection (f) the fol- under this title, or any amendments made by the purpose of avoiding the tax described in lowing: this title, may be used by the Attorney Gen- section 511(a) of the Internal Revenue Code ‘‘(g) PARTNERSHIPS TO EXPAND ACCESS TO eral, or by any individual or organization of 1986, shall not be eligible to receive, di- REENTRY PROGRAMS PROVEN TO REDUCE RE- awarded discretionary funds under this title, rectly or indirectly, any funds from a cov- CIDIVISM.— or any amendments made by this title, to ered grant program. ‘‘(1) DEFINITION.—The term ‘demonstrated host or support any expenditure for con- (2) DISCLOSURE.—Each nonprofit organiza- to reduce recidivism’ means that the Direc- ferences that uses more than $20,000 in De- tion that is a covered grantee shall disclose tor of Bureau of Prisons has determined that partment funds, unless the Deputy Attorney in its application for such a grant, as a con- appropriate research has been conducted and General or such Assistant Attorney Gen- dition of receipt of such a grant, the com- has validated the effectiveness of the type of erals, Directors, or principal deputies as the pensation of its officers, directors, and trust- program on recidivism. Deputy Attorney General may designate, ees. Such disclosure shall include a descrip- ‘‘(2) ELIGIBILITY FOR RECIDIVISM REDUCTION provides prior written authorization that the tion of the criteria relied on to determine PARTNERSHIP.—A faith-based or community- funds may be expended to host a conference. such compensation. based nonprofit organization that provides A conference that uses more than $20,000 in (g) PROHIBITION ON LOBBYING ACTIVITY.— mentoring or other programs that have been such funds, but less than an average of $500 (1) IN GENERAL.—Amounts made available demonstrated to reduce recidivism is eligible in such funds for each attendee of the con- under a covered grant program may not be to enter into a recidivism reduction partner- ference, shall not be subject to the limita- used by any covered grantee to— ship with a prison or community-based facil- tions of this section. (A) lobby any representative of the Depart- ity operated by the Bureau of Prisons. (b) WRITTEN APPROVAL.—Written approval under subsection (a) shall include a written ment of Justice regarding the award of grant ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— estimate of all costs associated with the con- funding; or The Director of the Bureau of Prisons shall ference, including the cost of all food and (B) lobby any representative of the Federal develop policies to require wardens of pris- beverages, audiovisual equipment, honoraria Government or a State, local, or tribal gov- ons and community-based facilities to enter for speakers, and any entertainment. ernment regarding the award of grant fund- into recidivism reduction partnerships with (c) REPORT.—The Deputy Attorney General ing. faith-based and community-based nonprofit shall submit an annual report to the Com- (2) PENALTY.—If the Attorney General de- organizations that are willing to provide, on mittee on the Judiciary of the Senate and termines that a covered grantee has violated a volunteer basis, programs described in the Committee on the Judiciary of the House paragraph (1), the Attorney General shall— paragraph (2). of Representatives on all approved con- (A) require the covered grantee to repay ‘‘(4) REPORTING REQUIREMENT.—The Direc- ference expenditures referenced in this sec- the grant in full; and tor of the Bureau of Prisons shall submit to tion. (B) prohibit the covered grantee from re- Congress an annual report on the last day of SEC. 507. EVALUATION OF THE SECOND CHANCE ceiving a grant under the covered grant pro- each fiscal year that— ACT PROGRAM. gram from which it received a grant award ‘‘(A) details, for each prison and commu- (a) EVALUATION OF THE SECOND CHANCE ACT during at least the 5-year period beginning nity-based facility for the fiscal year just GRANT PROGRAM.—Not later than 5 years on the date of such violation. ended— after the date of enactment of this Act, the SEC. 504. FEDERAL REENTRY IMPROVEMENTS. ‘‘(i) the number of recidivism reduction National Institute of Justice shall evaluate (a) RESPONSIBLE REINTEGRATION OF OF- partnerships under this section that were in the effectiveness of grants used by the De- FENDERS.—Section 212 of the Second Chance effect; partment of Justice to support offender re- Act of 2007 (34 U.S.C. 60532) is repealed. ‘‘(ii) the number of volunteers that pro- entry and recidivism reduction programs at (b) FEDERAL PRISONER REENTRY INITIA- vided recidivism reduction programming; the State, local, Tribal, and Federal levels. TIVE.—Section 231 of the Second Chance Act and The National Institute of Justice shall of 2007 (434 U.S.C. 60541) is amended— ‘‘(iii) the number of recidivism reduction evaluate the following: (1) in subsection (g)— programming hours provided; and (1) The effectiveness of such programs in (A) in paragraph (3), by striking ‘‘carried ‘‘(B) explains any disparities between fa- relation to their cost, including the extent out during fiscal years 2009 and 2010’’ and in- cilities in the numbers reported under sub- to which the programs improve reentry out- serting ‘‘carried out during fiscal years 2019 paragraph (A).’’. comes, including employment, education, through 2023’’; and (2) EFFECTIVE DATE.—The amendments housing, reductions in recidivism, of partici- (B) in paragraph (5)(A)(ii), by striking ‘‘the made by paragraph (1) shall take effect 180 pants in comparison to comparably situated greater of 10 years or’’; days after the date of enactment of this Act. individuals who did not participate in such (2) by striking subsection (h); (g) REPEALS.— programs and activities. (3) by redesignating subsection (i) as sub- (1) Section 2978 of title I of the Omnibus (2) The effectiveness of program structures section (h); and Crime Control and Safe Streets Act of 1968 and mechanisms for delivery of services. (4) in subsection (h), as so redesignated, by (34 U.S.C. 10633) is repealed. (3) The impact of such programs on the striking ‘‘2009 and 2010’’ and inserting ‘‘2019 (2) Part CC of title I of the Omnibus Crime communities and participants involved. through 2023’’. Control and Safe Streets Act of 1968 (34 (4) The impact of such programs on related (c) ENHANCING REPORTING REQUIREMENTS U.S.C. 10581 et seq.) is repealed. programs and activities. PERTAINING TO COMMUNITY CORRECTIONS.— SEC. 505. FEDERAL INTERAGENCY REENTRY CO- (5) The extent to which such programs Section 3624(c) of title 18, United States ORDINATION. meet the needs of various demographic Code, is amended— (a) REENTRY COORDINATION.—The Attorney groups. (1) in paragraph (5), in the second sentence, General, in consultation with the Secretary (6) The quality and effectiveness of tech- by inserting ‘‘, and number of prisoners not of Housing and Urban Development, the Sec- nical assistance provided by the Department being placed in community corrections fa- retary of Labor, the Secretary of Education, of Justice to grantees for implementing such cilities for each reason set forth’’ before ‘‘, the Secretary of Health and Human Services, programs. and any other information’’; and the Secretary of Veterans Affairs, the Sec- (7) Such other factors as may be appro- (2) in paragraph (6), by striking ‘‘the Sec- retary of Agriculture, and the heads of such priate. ond Chance Act of 2007’’ and inserting ‘‘the other agencies of the Federal Government as (b) AUTHORIZATION OF FUNDS FOR EVALUA- Second Chance Reauthorization Act of 2018’’. the Attorney General considers appropriate, TION.—Not more than 1 percent of any (d) TERMINATION OF STUDY ON EFFECTIVE- and in collaboration with interested persons, amounts authorized to be appropriated to NESS OF DEPOT NALTREXONE FOR HEROIN AD- service providers, nonprofit organizations, carry out the Second Chance Act grant pro- DICTION.—Section 244 of the Second Chance and State, tribal, and local governments, gram shall be made available to the National Act of 2007 (34 U.S.C. 60554) is repealed. shall coordinate on Federal programs, poli- Institute of Justice each year to evaluate (e) AUTHORIZATION OF APPROPRIATIONS FOR cies, and activities relating to the reentry of the processes, implementation, outcomes, RESEARCH.—Section 245 of the Second individuals returning from incarceration to costs, and effectiveness of the Second Chance Chance Act of 2007 (34 U.S.C. 60555) is amend- the community, with an emphasis on evi- Act grant program in improving reentry and ed— dence-based practices and protection against reducing recidivism. Such funding may be (1) by striking ‘‘243, and 244’’ and inserting duplication of services. used to provide support to grantees for sup- ‘‘and 243’’; and (b) REPORT.—Not later than 2 years after plemental data collection, analysis, and co- (2) by striking ‘‘$10,000,000 for each of the the date of the enactment of this Act, the ordination associated with evaluation activi- fiscal years 2009 and 2010’’ and inserting Attorney General, in consultation with the ties.

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(c) TECHNIQUES.—Evaluations conducted cluding those for which prisoners may earn (A) by inserting ‘‘or eligible terminally ill under this section shall use appropriate time credits under the First Step Act of 2018; offender’’ after ‘‘each eligible elderly of- methodology and research designs. Impact and fender’’; and evaluations conducted under this section (3) an evaluation of the effectiveness of (B) by inserting ‘‘and eligible terminally shall include the use of intervention and con- mental health services, drug treatment, ill offenders’’ after ‘‘eligible elderly offend- trol groups chosen by random assignment medical care, job training and placement, ers’’; and methods, to the extent possible. educational services, and vocational services (5) in paragraph (5)— (d) METRICS AND OUTCOMES FOR EVALUA- programs funded under this title and amend- (A) in subparagraph (A)— TION.— ments made by this title. (i) in clause (i), striking ‘‘65 years of age’’ (1) IN GENERAL.—Not later than 180 days TITLE VI—MISCELLANEOUS CRIMINAL and inserting ‘‘60 years of age’’; and after the date of enactment of this Act, the JUSTICE (ii) in clause (ii), as amended by section National Institute of Justice shall consult 504(b)(1)(B) of this Act, by striking ‘‘75 per- SEC. 601. PLACEMENT OF PRISONERS CLOSE TO with relevant stakeholders and identify out- 2 FAMILIES. cent’’ and inserting ‘‘ ⁄3’’; and come measures, including employment, (B) by adding at the end the following: housing, education, and public safety, that Section 3621(b) of title 18, United States Code, is amended— ‘‘(D) ELIGIBLE TERMINALLY ILL OFFENDER.— are to be achieved by programs authorized The term ‘eligible terminally ill offender’ under the Second Chance Act grant program (1) by striking ‘‘shall designate the place of the prisoner’s imprisonment.’’ and inserting means an offender in the custody of the Bu- and the metrics by which the achievement of reau of Prisons who— such outcomes shall be determined. ‘‘shall designate the place of the prisoner’s imprisonment, and shall, subject to bed ‘‘(i) is serving a term of imprisonment (2) PUBLICATION.—Not later than 30 days based on conviction for an offense or offenses after the date on which the National Insti- availability, the prisoner’s security designa- tion, the prisoner’s programmatic needs, the that do not include any crime of violence (as tute of Justice identifies metrics and out- defined in section 16(a) of title 18, United comes under paragraph (1), the Attorney prisoner’s mental and medical health needs, any request made by the prisoner related to States Code), sex offense (as defined in sec- General shall publish such metrics and out- tion 111(5) of the Sex Offender Registration comes identified. faith-based needs, recommendations of the sentencing court, and other security con- and Notification Act (34 U.S.C. 20911(5))), of- (e) DATA COLLECTION.—As a condition of fense described in section 2332b(g)(5)(B) of award under the Second Chance Act grant cerns of the Bureau of Prisons, place the prisoner in a facility as close as practicable title 18, United States Code, or offense under program (including a subaward under section chapter 37 of title 18, United States Code; 3021(b) of title I of the Omnibus Crime Con- to the prisoner’s primary residence, and to the extent practicable, in a facility within ‘‘(ii) satisfies the criteria specified in trol and Safe Streets Act of 1968 (34 U.S.C. clauses (iii) through (vii) of subparagraph 10701(b))), grantees shall be required to col- 500 driving miles of that residence. The Bu- reau shall, subject to consideration of the (A); and lect and report to the Department of Justice ‘‘(iii) has been determined by a medical data based upon the metrics identified under factors described in the preceding sentence and the prisoner’s preference for staying at doctor approved by the Bureau of Prisons to subsection (d). In accordance with applicable be— law, collection of individual-level data under his or her current facility or being trans- ferred, transfer prisoners to facilities that ‘‘(I) in need of care at a nursing home, in- a pledge of confidentiality shall be protected termediate care facility, or assisted living by the National Institute of Justice in ac- are closer to the prisoner’s primary resi- dence even if the prisoner is already in a fa- facility, as those terms are defined in section cordance with such pledge. 232 of the National Housing Act (12 U.S.C. (f) DATA ACCESSIBILITY.—Not later than 5 cility within 500 driving miles of that resi- 1715w); or years after the date of enactment of this dence.’’; and Act, the National Institute of Justice shall— (2) by adding at the end the following: ‘‘(II) diagnosed with a terminal illness.’’. (1) make data collected during the course ‘‘Notwithstanding any other provision of (b) INCREASING THE USE AND TRANSPARENCY of evaluation under this section available in law, a designation of a place of imprison- OF COMPASSIONATE RELEASE.—Section 3582 of de-identified form in such a manner that rea- ment under this subsection is not reviewable title 18, United States Code, is amended— sonably protects a pledge of confidentiality by any court.’’. (1) in subsection (c)(1)(A), in the matter to participants under subsection (e); and SEC. 602. HOME CONFINEMENT FOR LOW-RISK preceding clause (i), by inserting after ‘‘Bu- (2) make identifiable data collected during PRISONERS. reau of Prisons,’’ the following: ‘‘or upon mo- the course of evaluation under this section Section 3624(c)(2) of title 18, United States tion of the defendant after the defendant has available to qualified researchers for future Code, is amended by adding at the end the fully exhausted all administrative rights to research and evaluation, in accordance with following: ‘‘The Bureau of Prisons shall, to appeal a failure of the Bureau of Prisons to applicable law. the extent practicable, place prisoners with bring a motion on the defendant’s behalf or (g) PUBLICATION AND REPORTING OF EVAL- lower risk levels and lower needs on home the lapse of 30 days from the receipt of such UATION FINDINGS.—The National Institute of confinement for the maximum amount of a request by the warden of the defendant’s Justice shall— time permitted under this paragraph.’’. facility, whichever is earlier,’’; (2) by redesignating subsection (d) as sub- (1) not later than 365 days after the date on SEC. 603. FEDERAL PRISONER REENTRY INITIA- which the enrollment of participants in an TIVE REAUTHORIZATION; MODIFICA- section (e); and impact evaluation is completed, publish an TION OF IMPOSED TERM OF IMPRIS- (3) by inserting after subsection (c) the fol- interim report on such evaluation; ONMENT. lowing: (2) not later than 90 days after the date on (a) FEDERAL PRISONER REENTRY INITIATIVE ‘‘(d) NOTIFICATION REQUIREMENTS.— which any evaluation is completed, publish REAUTHORIZATION.—Section 231(g) of the Sec- ‘‘(1) TERMINAL ILLNESS DEFINED.—In this and make publicly available such evaluation; ond Chance Act of 2007 (34 U.S.C. 60541(g)) is subsection, the term ‘terminal illness’ means and amended— a disease or condition with an end-of-life tra- (3) not later than 60 days after the comple- (1) in paragraph (1)— jectory. tion date described in paragraph (2), submit (A) by inserting ‘‘and eligible terminally ‘‘(2) NOTIFICATION.—The Bureau of Prisons a report to the Committee on the Judiciary ill offenders’’ after ‘‘elderly offenders’’ each shall, subject to any applicable confiden- of the House of Representatives and the place the term appears; tiality requirements— Committee on the Judiciary of the Senate on (B) in subparagraph (A), by striking ‘‘a Bu- ‘‘(A) in the case of a defendant diagnosed such evaluation. reau of Prisons facility’’ and inserting ‘‘Bu- with a terminal illness— (h) SECOND CHANCE ACT GRANT PROGRAM reau of Prisons facilities’’; ‘‘(i) not later than 72 hours after the diag- DEFINED.—In this section, the term ‘‘Second (C) in subparagraph (B)— nosis notify the defendant’s attorney, part- Chance Act grant program’’ means any grant (i) by striking ‘‘the Bureau of Prisons facil- ner, and family members of the defendant’s program reauthorized under this title and ity’’ and inserting ‘‘Bureau of Prisons facili- condition and inform the defendant’s attor- the amendments made by this title. ties’’; and ney, partner, and family members that they SEC. 508. GAO REVIEW. (ii) by inserting ‘‘, upon written request may prepare and submit on the defendant’s Not later than 3 years after the date of en- from either the Bureau of Prisons or an eligi- behalf a request for a sentence reduction actment of the First Step Act of 2018 the ble elderly offender or eligible terminally ill pursuant to subsection (c)(1)(A); Comptroller General of the United States offender’’ after ‘‘to home detention’’; and ‘‘(ii) not later than 7 days after the date of shall conduct a review of all of the grant (D) in subparagraph (C), by striking ‘‘the the diagnosis, provide the defendant’s part- awards made under this title and amend- Bureau of Prisons facility’’ and inserting ner and family members (including extended ments made by this title that includes— ‘‘Bureau of Prisons facilities’’; family) with an opportunity to visit the de- (1) an evaluation of the effectiveness of the (2) in paragraph (2), by inserting ‘‘or eligi- fendant in person; reentry programs funded by grant awards ble terminally ill offender’’ after ‘‘elderly of- ‘‘(iii) upon request from the defendant or under this title and amendments made by fender’’; his attorney, partner, or a family member, this title at reducing recidivism, including a (3) in paragraph (3), as amended by section ensure that Bureau of Prisons employees as- determination of which reentry programs 504(b)(1)(A) of this Act, by striking ‘‘at least sist the defendant in the preparation, draft- were most effective; one Bureau of Prisons facility’’ and inserting ing, and submission of a request for a sen- (2) recommendations on how to improve ‘‘Bureau of Prisons facilities’’; and tence reduction pursuant to subsection the effectiveness of reentry programs, in- (4) in paragraph (4)— (c)(1)(A); and

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Additional markets the defendant’s attorney, partner, or family egorized by the criteria relied on as the ‘‘(a) IN GENERAL.—Except as provided in member, process the request; grounds for a reduction in sentence; subsection (b), notwithstanding any other ‘‘(B) in the case of a defendant who is phys- ‘‘(I) the number of Bureau of Prisons noti- provision of law, Federal Prison Industries ically or mentally unable to submit a re- fications to attorneys, partners, and family may sell products to— quest for a sentence reduction pursuant to members of their right to visit a terminally ‘‘(1) public entities for use in penal or cor- subsection (c)(1)(A)— ill defendant as required under paragraph rectional institutions; ‘‘(i) inform the defendant’s attorney, part- (2)(A)(ii) and, for each, whether a visit oc- ‘‘(2) public entities for use in disaster relief ner, and family members that they may pre- curred and how much time elapsed between or emergency response; pare and submit on the defendant’s behalf a the notification and the visit; ‘‘(3) the government of the District of Co- request for a sentence reduction pursuant to ‘‘(J) the number of visits to terminally ill lumbia; and subsection (c)(1)(A); prisoners that were denied by the Bureau of ‘‘(4) any organization described in sub- ‘‘(ii) accept and process a request for sen- Prisons due to security or other concerns, section (c)(3), (c)(4), or (d) of section 501 of tence reduction that has been prepared and and the reasons given for each denial; and submitted on the defendant’s behalf by the ‘‘(K) the number of motions filed by de- the Internal Revenue Code of 1986 that is ex- defendant’s attorney, partner, or family fendants with the court after all administra- empt from taxation under section 501(a) of member under clause (i); and tive rights to appeal a denial of a sentence such Code. ‘‘(b) OFFICE FURNITURE.—Federal Prison ‘‘(iii) upon request from the defendant or reduction had been exhausted, the outcome Industries may not sell office furniture to his attorney, partner, or family member, en- of each motion, and the time that had the organizations described in subsection sure that Bureau of Prisons employees assist elapsed between the date the request was (a)(4). the defendant in the preparation, drafting, first received by the Bureau of Prisons and ‘‘(c) DEFINITIONS.—In this section: and submission of a request for a sentence the date the defendant filed the motion with ‘‘(1) The term ‘office furniture’ means any reduction pursuant to subsection (c)(1)(A); the court.’’. product or service offering intended to meet and SEC. 604. IDENTIFICATION FOR RETURNING CITI- the furnishing needs of the workplace, in- ‘‘(C) ensure that all Bureau of Prisons fa- ZENS. cluding office, healthcare, educational, and cilities regularly and visibly post, including (a) IDENTIFICATION AND RELEASE ASSIST- hospitality environments. in prisoner handbooks, staff training mate- ANCE FOR FEDERAL PRISONERS.—Section rials, and facility law libraries and medical 231(b) of the Second Chance Act of 2007 (34 ‘‘(2) The term ‘public entity’ means a and hospice facilities, and make available to U.S.C. 60541(b)) is amended— State, a subdivision of a State, an Indian prisoners upon demand, notice of— (1) in paragraph (1)— tribe, and an agency or governmental cor- ‘‘(i) a defendant’s ability to request a sen- (A) by striking ‘‘(including’’ and inserting poration or business of any of the foregoing. tence reduction pursuant to subsection ‘‘prior to release from a term of imprison- ‘‘(3) The term ‘State’ means a State, the (c)(1)(A); ment in a Federal prison or if the individual District of Columbia, the Commonwealth of ‘‘(ii) the procedures and timelines for initi- was not sentenced to a term of imprisonment Puerto Rico, Guam, American Samoa, the ating and resolving requests described in in a Federal prison, prior to release from a Northern Mariana Islands, and the United clause (i); and sentence to a term in community confine- States Virgin Islands.’’. ECHNICAL AMENDMENT.—The table of ‘‘(iii) the right to appeal a denial of a re- ment, including’’; and (b) T sections for chapter 307 of title 18, United quest described in clause (i) after all admin- (B) by striking ‘‘or birth certificate) prior States Code, is amended by inserting after istrative rights to appeal within the Bureau to release’’ and inserting ‘‘and a birth cer- the item relating to section 4129 the fol- of Prisons have been exhausted. tificate’’; and lowing: ‘‘(3) ANNUAL REPORT.—Not later than 1 (2) by adding at the end the following: year after the date of enactment of this sub- ‘‘(4) DEFINITION.—In this subsection, the ‘‘4130. Additional markets.’’. section, and once every year thereafter, the term ‘community confinement’ means resi- (c) DEFERRED COMPENSATION.—Section Director of the Bureau of Prisons shall sub- dence in a community treatment center, 4126(c)(4) of title 18, United States Code, is mit to the Committee on the Judiciary of halfway house, restitution center, mental amended by inserting after ‘‘operations,’’ the the Senate and the Committee on the Judici- health facility, alcohol or drug rehabilita- following: ‘‘not less than 15 percent of such ary of the House of Representatives a report tion center, or other community facility.’’. compensation for any inmate shall be re- on requests for sentence reductions pursuant (b) DUTIES OF THE BUREAU OF PRISONS.— served in the fund or a separate account and to subsection (c)(1)(A), which shall include a Section 4042(a) of title 18, United States made available to assist the inmate with description of, for the previous year— Code, is amended— costs associated with release from prison,’’. ‘‘(A) the number of prisoners granted and (1) by redesignating paragraphs (D) and (E) (d) GAO REPORT.—Beginning not later than denied sentence reductions, categorized by as paragraphs (6) and (7), respectively; 90 days after the date of enactment of this the criteria relied on as the grounds for a re- (2) in paragraph (6) (as so redesignated)— Act, the Comptroller General of the United duction in sentence; (A) in clause (i)— States shall conduct an audit of Federal ‘‘(B) the number of requests initiated by or (i) by striking ‘‘Social Security Cards,’’; Prison Industries that includes the fol- on behalf of prisoners, categorized by the cri- and lowing: teria relied on as the grounds for a reduction (ii) by striking ‘‘and’’ at the end; (1) An evaluation of Federal Prison in sentence; (B) by redesignating clause (ii) as clause Industries’s effectiveness in reducing recidi- ‘‘(C) the number of requests that Bureau of (iii); vism compared to other rehabilitative pro- Prisons employees assisted prisoners in (C) by inserting after clause (i) the fol- grams in the prison system. drafting, preparing, or submitting, cat- lowing: (2) An evaluation of the scope and size of egorized by the criteria relied on as the ‘‘(ii) obtain identification, including a so- the additional markets made available to grounds for a reduction in sentence, and the cial security card, driver’s license or other Federal Prison Industries under this section final decision made in each request; official photo identification, and a birth cer- and the total market value that would be ‘‘(D) the number of requests that attor- tificate; and’’; opened up to Federal Prison Industries for neys, partners, or family members submitted (D) in clause (iii) (as so redesignated), by competition with private sector providers of on a defendant’s behalf, categorized by the inserting after ‘‘prior to release’’ the fol- products and services. criteria relied on as the grounds for a reduc- lowing: ‘‘from a sentence to a term of impris- (3) An evaluation of whether the following tion in sentence, and the final decision made onment in a Federal prison or if the indi- factors create an unfair competitive environ- in each request; vidual was not sentenced to a term of impris- ment between Federal Prison Industries and ‘‘(E) the number of requests approved by onment in a Federal prison, prior to release private sector providers of products and serv- the Director of the Bureau of Prisons, cat- from a sentence to a term of community con- ices which would be exacerbated by further egorized by the criteria relied on as the finement’’; and expansion: grounds for a reduction in sentence; (E) by redesignating clauses (i), (ii), and (A) Federal Prison Industries’s status as a ‘‘(F) the number of requests denied by the (iii) (as so amended) as subparagraphs (A), mandatory source of supply for Federal Director of the Bureau of Prisons and the (B), and (C), respectively, and adjusting the agencies and the requirement that the buy- reasons given for each denial, categorized by margins accordingly; and ing agency must obtain a waiver in order to the criteria relied on as the grounds for a re- (3) in paragraph (7) (as so redesignated), by make a competitive purchase from the pri- duction in sentence; redesignating clauses (i) through (vii) as sub- vate sector if the item to be acquired is list- ‘‘(G) for each request, the time elapsed be- paragraphs (A) through (G), respectively, and ed on the schedule of products and services tween the date the request was received by adjusting the margins accordingly. published by Federal Prison Industries. the warden and the final decision, cat- SEC. 605. EXPANDING INMATE EMPLOYMENT (B) Federal Prison Industries’s ability to egorized by the criteria relied on as the THROUGH FEDERAL PRISON INDUS- determine that the price to be paid by Fed- grounds for a reduction in sentence; TRIES. eral Agencies is fair and reasonable, rather ‘‘(H) for each request, the number of pris- (a) NEW MARKET AUTHORIZATIONS.—Chapter than such a determination being made by oners who died while their request was pend- 307 of title 18, United States Code, is amend- the buying agency.

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.084 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7614 CONGRESSIONAL RECORD — SENATE December 13, 2018 (C) An examination of the extent to which for heroin and opioid abuse for prisoners, in- States Code, as added by section 101(a) of Federal Prison Industries is bound by the re- cluding access to medication-assisted treat- this Act) who are veterans of the Armed quirements of the generally applicable Fed- ment in appropriate cases. Following sub- Forces of the United States. eral Acquisition Regulation pertaining to mission, the Director shall take steps to im- (2) The number of prisoners who have been the conformity of the delivered product with plement these plans. placed in solitary confinement at any time the specified design and performance speci- (b) REPORT ON THE AVAILABILITY OF MEDI- during the previous year. fications and adherence to the delivery CATION-ASSISTED TREATMENT FOR OPIOID AND (3) The number of female prisoners known schedule required by the Federal agency, HEROIN ABUSE, AND IMPLEMENTATION THERE- by the Bureau of Prisons to be pregnant, as based on the transactions being categorized OF.—Not later than 120 days after the date of well as the outcomes of such pregnancies, in- as interagency transfers. enactment of this Act, the Director of the cluding information on pregnancies that re- (D) An examination of the extent to which Administrative Office of the United States sult in live birth, stillbirth, miscarriage, Federal Prison Industries avoids trans- Courts shall submit to the Committees on abortion, ectopic pregnancy, maternal death, actions that are little more than pass the Judiciary and the Committees on Appro- neonatal death, and preterm birth. through transactions where the work pro- priations of the Senate and of the House of (4) The number of prisoners who volun- vided by inmates does not create meaningful Representatives a report assessing the avail- teered to participate in a substance abuse value or meaningful work opportunities for ability of and capacity for the provision of treatment program, and the number of pris- inmates. medication-assisted treatment for opioid and oners who have participated in such a pro- (E) The extent to which Federal Prison In- heroin abuse by treatment service providers gram. serving prisoners who are serving a term of dustries must comply with the same worker (5) The number of prisoners provided medi- supervised release, and including a descrip- protection, workplace safety and similar reg- cation-assisted treatment with medication tion of plans to expand access to medication- ulations applicable to, and enforceable approved by the Food and Drug Administra- against, Federal contractors. assisted treatment for heroin and opioid tion while in custody in order to treat sub- (F) The wages Federal Prison Industries abuse whenever appropriate among prisoners stance use disorder. pays to inmates, taking into account inmate under supervised release. Following submis- (6) The number of prisoners who were re- productivity and other factors such as secu- sion, the Director will take steps to imple- ceiving medication-assisted treatment with rity concerns associated with having a facil- ment these plans. medication approved by the Food and Drug ity in a prison. SEC. 608. PILOT PROGRAMS. Administration prior to the commencement (G) The effect of any additional cost advan- (a) IN GENERAL.—The Bureau of Prisons of their term of imprisonment. tages Federal Prison Industries has over pri- shall establish each of the following pilot (7) The number of prisoners who are the vate sector providers of goods and services, programs for 5 years, in at least 20 facilities: parent or guardian of a minor child. including— (1) MENTORSHIP FOR YOUTH.—A program to (8) The number of prisoners who are single, (i) the costs absorbed by the Bureau of pair youth with volunteers from faith-based married, or otherwise in a committed rela- Prisons such as inmate medical care and in- or community organizations, which may in- tionship. frastructure expenses including real estate clude formerly incarcerated offenders, that (9) The number of prisoners who have not and utilities; and have relevant experience or expertise in achieved a GED, high school diploma, or (ii) its exemption from Federal and State mentoring, and a willingness to serve as a equivalent prior to entering prison. income taxes and property taxes. mentor in such a capacity. (10) The number of prisoners who, during (4) An evaluation of the extent to which (2) SERVICE TO ABANDONED, RESCUED, OR the previous year, received their GED or the customers of Federal Prison Industries OTHERWISE VULNERABLE ANIMALS.—A pro- other equivalent certificate while incarcer- are satisfied with quality, price, and timely gram to equip prisoners with the skills to ated. delivery of the products and services pro- provide training and therapy to animals (11) The numbers of prisoners for whom vided it provides, including summaries of seized by Federal law enforcement under English is a second language. other independent assessments such as re- asset forfeiture authority and to organiza- ports of agency inspectors general, if appli- tions that provide shelter and similar serv- (12) The number of incidents, during the cable. ices to abandoned, rescued, or otherwise vul- previous year, in which restraints were used on a female prisoner during pregnancy, SEC. 606. DE-ESCALATION TRAINING. nerable animals. labor, or postpartum recovery, as well as in- Beginning not later than 1 year after the (b) REPORTING REQUIREMENT.—Not later date of enactment of this Act, the Director than 1 year after the conclusion of the pilot formation relating to the type of restraints of the Bureau of Prisons shall incorporate programs, the Attorney General shall report used, and the circumstances under which into training programs provided to officers to Congress on the results of the pilot pro- each incident occurred. and employees of the Bureau of Prisons (in- grams under this section. Such report shall (13) The vacancy rate for medical and cluding officers and employees of an organi- include cost savings, numbers of partici- healthcare staff positions, and average zation with which the Bureau of Prisons has pants, and information about recidivism length of such a vacancy. a contract to provide services relating to im- rates among participants. (14) The number of facilities that operated, prisonment) specialized and comprehensive (c) DEFINITION.—In this title, the term at any time during the previous year, with- training in procedures to— ‘‘youth’’ means a prisoner (as such term is out at least 1 clinical nurse, certified para- (1) de-escalate encounters between a law defined in section 3635 of title 18, United medic, or licensed physician on site. enforcement officer or an officer or employee States Code, as added by section 101(a) of (15) The number of facilities that during of the Bureau of Prisons, and a civilian or a this Act) who was 21 years of age or younger the previous year were accredited by the prisoner (as such term is defined in section at the time of the commission or alleged American Correctional Association. 3635 of title 18, United States Code, as added commission of the criminal offense for which (16) The number and type of recidivism re- by section 101(a) of this Act); and the individual is being prosecuted or serving duction partnerships described in section (2) identify and appropriately respond to a term of imprisonment, as the case may be. 3621(h)(5) of title 18, United States Code, as incidents that involve the unique needs of in- SEC. 609. ENSURING SUPERVISION OF RELEASED added by section 102(a) of this Act, entered dividuals who have a mental illness or cog- SEXUALLY DANGEROUS PERSONS. into by each facility. nitive deficit. (a) PROBATION OFFICERS.—Section 3603 of (17) The number of facilities with remote SEC. 607. EVIDENCE-BASED TREATMENT FOR title 18, United States Code, is amended in learning capabilities. OPIOID AND HEROIN ABUSE. paragraph (8)(A) by striking ‘‘or 4246’’ and in- (18) The number of facilities that offer (a) REPORT ON EVIDENCE-BASED TREATMENT serting ‘‘, 4246, or 4248’’. prisoners video conferencing. FOR OPIOID AND HEROIN ABUSE.—Not later (b) PRETRIAL SERVICES OFFICERS.—Section (19) Any changes in costs related to legal than 90 days after the date of enactment of 3154 of title 18, United States Code, is amend- phone calls and visits following implementa- this Act, the Director of the Bureau of Pris- ed in paragraph (12)(A) by striking ‘‘or 4246’’ tion of section 3632(d)(1) of title 18, United ons shall submit to the Committees on the and inserting ‘‘, 4246, or 4248’’. States Code, as added by section 101(a) of Judiciary and the Committees on Appropria- SEC. 610. DATA COLLECTION. this Act. tions of the Senate and of the House of Rep- (a) NATIONAL PRISONER STATISTICS PRO- (20) The number of aliens in prison during resentatives a report assessing the avail- GRAM.—Beginning not later than 1 year after the previous year. ability of and the capacity of the Bureau of the date of enactment of this Act, and annu- (21) For each Bureau of Prisons facility, Prisons to treat heroin and opioid abuse ally thereafter, pursuant to the authority the total number of violations that resulted through evidence-based programs, including under section 302 of the Omnibus Crime Con- in reductions in rewards, incentives, or time medication-assisted treatment where appro- trol and Safe Streets Act of 1968 (42 U.S.C. credits, the number of such violations for priate. In preparing the report, the Director 3732), the Director of the Bureau of Justice each category of violation, and the demo- shall consider medication-assisted treatment Statistics, with information that shall be graphic breakdown of the prisoners who have as a strategy to assist in treatment where provided by the Director of the Bureau of received such reductions. appropriate and not as a replacement for ho- Prisons, shall include in the National Pris- (22) The number of assaults on Bureau of listic and other drug-free approaches. The re- oner Statistics Program the following: Prisons staff by prisoners and the number of port shall include a description of plans to (1) The number of prisoners (as such term criminal prosecutions of prisoners for as- expand access to evidence-based treatment is defined in section 3635 of title 18, United saulting Bureau of Prisons staff.

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.084 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7615 (23) The capacity of each recidivism reduc- ‘‘(A) committed pursuant to an adjudica- evade the spirit and purpose of this sub- tion program and productive activity to ac- tion of delinquency under this chapter; or section shall be prohibited.’’. commodate eligible inmates at each Bureau ‘‘(B) detained prior to disposition or con- (b) TECHNICAL AND CONFORMING AMEND- of Prisons facility. viction; and MENT.—The table of sections for chapter 403 (24) The number of volunteers who were ‘‘(3) the term ‘room confinement’ means of title 18, United States Code, is amended by certified to volunteer in a Bureau of Prisons the involuntary placement of a covered juve- adding at the end the following: facility, broken down by level (level I and nile alone in a cell, room, or other area for ‘‘5043. Juvenile solitary confinement.’’. level II), and by each Bureau of Prisons facil- any reason. ‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN ity. SA 4109. Mr. MCCONNELL (for Mr. JUVENILE FACILITIES.— (25) The number of prisoners enrolled in re- KENNEDY (for himself and Mr. COTTON)) ‘‘(1) IN GENERAL.—The use of room confine- cidivism reduction programs and productive proposed an amendment to amendment activities at each Bureau of Prisons facility, ment at a juvenile facility for discipline, broken down by risk level and by program, punishment, retaliation, or any reason other SA 4108 proposed by Mr. MCCONNELL and the number of those enrolled prisoners than as a temporary response to a covered (for Mr. GRASSLEY) to the bill S. 756, to who successfully completed each program. juvenile’s behavior that poses a serious and reauthorize and amend the Marine De- (26) The breakdown of prisoners classified immediate risk of physical harm to any indi- bris Act to promote international ac- at each risk level by demographic character- vidual, including the covered juvenile, is pro- tion to reduce marine debris, and for hibited. istics, including age, sex, race, and the other purposes; as follows: ‘‘(2) JUVENILES POSING RISK OF HARM.— length of the sentence imposed. At the appropriate place, insert the fol- (b) REPORT TO JUDICIARY COMMITTEES.—Be- ‘‘(A) REQUIREMENT TO USE LEAST RESTRIC- lowing: ginning not later than 1 year after the date TIVE TECHNIQUES.— ‘‘(i) IN GENERAL.—Before a staff member of Redesignate section 3635 of title 18, United of enactment of this Act, and annually States Code, as added by section 101(a) of thereafter for a period of 7 years, the Direc- a juvenile facility places a covered juvenile in room confinement, the staff member shall this Act, as section 3636. tor of the Bureau of Justice Statistics shall After section 3634 of title 18, United States submit a report containing the information attempt to use less restrictive techniques, including— Code, as added by section 101(a) of this Act, described in paragraphs (1) through (26) of insert the following: subsection (a) to the Committee on the Judi- ‘‘(I) talking with the covered juvenile in an ‘‘SEC. 3635. NOTIFICATION. ciary of the Senate and the Committee on attempt to de-escalate the situation; and ‘‘The Director of the Bureau of Prisons the Judiciary of the House of Representa- ‘‘(II) permitting a qualified mental health shall— tives. professional to talk to the covered juvenile. ‘‘(ii) EXPLANATION.—If, after attempting to ‘‘(1) notify each victim of the offense for SEC. 611. HEALTHCARE PRODUCTS. use less restrictive techniques as required which the prisoner is imprisoned the date on (a) AVAILABILITY.—The Director of the Bu- under clause (i), a staff member of a juvenile which the prisoner will be released or if no reau of Prisons shall make the healthcare facility decides to place a covered juvenile in victim can be notified due to death or injury, products described in subsection (c) available room confinement, the staff member shall next of kin of a victim; and to prisoners for free, in a quantity that is ap- first— ‘‘(2) make publicly available the rearrest propriate to the healthcare needs of each ‘‘(I) explain to the covered juvenile the data of each prisoner, the offense for which prisoner. reasons for the room confinement; and the prisoner is imprisoned, and any prior of- (b) QUALITY PRODUCTS.—The Director shall ‘‘(II) inform the covered juvenile that re- fense for which the prisoner was imprisoned, ensure that the healthcare products provided lease from room confinement will occur— broken down by State, of any prisoner in under this section conform with applicable ‘‘(aa) immediately when the covered juve- prerelease custody or supervised release industry standards. nile regains self-control, as described in sub- under section 3624.’’. (c) PRODUCTS.—The healthcare products de- paragraph (B)(i); or In section 3624(g)(1) of title 18, as added by scribed in this subsection are tampons and ‘‘(bb) not later than after the expiration of section 102(b)(1)(B) of this Act, add at the be- sanitary napkins. the time period described in subclause (I) or ginning of subparagraph (B) the following: SEC. 612. ADULT AND JUVENILE COLLABORA- (II) of subparagraph (B)(ii), as applicable. ‘‘(B) has been certified by the warden that TION PROGRAMS. ‘‘(B) MAXIMUM PERIOD OF CONFINEMENT.—If the prisoner has been determined by the war- Section 2991 of title I of the Omnibus a covered juvenile is placed in room confine- den to have the programmatic, security, and Crime Control and Safe Streets Act of 1968 ment because the covered juvenile poses a reentry needs of the prisoner best met by (34 U.S.C. 10651) is amended— serious and immediate risk of physical harm being placed in prerelease custody or super- (1) in subsection (b)(4)— to himself or herself, or to others, the cov- vised release, after the warden— (A) by striking subparagraph (D); and ered juvenile shall be released— ‘‘(i) has notified each victim of the offense (B) by redesignating subparagraph (E) as ‘‘(i) immediately when the covered juvenile for which the prisoner is imprisoned of such subparagraph (D); has sufficiently gained control so as to no potential placement (or, if no victim can be (2) in subsection (e), by striking ‘‘may use longer engage in behavior that threatens se- notified due to death or injury, the next of up to 3 percent’’ and inserting ‘‘shall use not rious and immediate risk of physical harm to kin of a victim); and less than 6 percent’’; and himself or herself, or to others; or ‘‘(ii) has reviewed any statement regarding (3) by amending subsection (g) to read as ‘‘(ii) if a covered juvenile does not suffi- such placement made by the victim or next follows: ciently gain control as described in clause of kin of the victim, as applicable, after the ‘‘(g) COLLABORATION SET-ASIDE.—The At- (i), not later than— notification described in clause (i); and torney General shall use not less than 8 per- ‘‘(I) 3 hours after being placed in room con- In section 3632(d)(4)(D) of title 18, United cent of funds appropriated to provide tech- finement, in the case of a covered juvenile States Code, as added by section 101 of this nical assistance to State and local govern- who poses a serious and immediate risk of Act, add at the end the following: ments receiving grants under this part to physical harm to others; or ‘‘(lxiii) Section 2422, relating to coercion foster collaboration between such govern- ‘‘(II) 30 minutes after being placed in room and enticement. ments in furtherance of the purposes set confinement, in the case of a covered juve- ‘‘(lxiv) Section 249, relating to hate crimes. forth in section 3 of the Mentally Ill Offender nile who poses a serious and immediate risk ‘‘(lxv) Section 752, relating to instigating Treatment and Crime Reduction Act of 2004 of physical harm only to himself or herself. or aiding escape from Federal custody. (34 U.S.C. 10651 note).’’. ‘‘(C) RISK OF HARM AFTER MAXIMUM PERIOD ‘‘(lxvi) Subsection (a) or (d) of section 2113, SEC. 613. JUVENILE SOLITARY CONFINEMENT. OF CONFINEMENT.—If, after the applicable relating to bank robbery involving violence (a) IN GENERAL.—Chapter 403 of title 18, maximum period of confinement under sub- or risk of death. United States Code, is amended by adding at clause (I) or (II) of subparagraph (B)(ii) has ‘‘(lxvii) Section 2119(1), relating to taking a the end the following: expired, a covered juvenile continues to pose motor vehicle (commonly referred to as ‘‘§ 5043. Juvenile solitary confinement a serious and immediate risk of physical ‘carjacking’). ‘‘(a) DEFINITIONS.—In this section— harm described in that subclause— ‘‘(lxviii) Section 111(a), relating to assault- ‘‘(1) the term ‘covered juvenile’ means— ‘‘(i) the covered juvenile shall be trans- ing, resisting, or impeding certain officers or ‘‘(A) a juvenile who— ferred to another juvenile facility or internal employees. ‘‘(i) is being proceeded against under this location where services can be provided to ‘‘(lxix) Any of paragraphs (2) through (6) of chapter for an alleged act of juvenile delin- the covered juvenile without relying on room section 113(a), relating to assault with intent quency; or confinement; or to commit any felony (except murder or a ‘‘(ii) has been adjudicated delinquent under ‘‘(ii) if a qualified mental health profes- violation of section 2241 or 2242), assault with this chapter; or sional believes the level of crisis service a dangerous weapon, assault by striking, ‘‘(B) a juvenile who is being proceeded needed is not currently available, a staff beating, or wounding, assault against a against as an adult in a district court of the member of the juvenile facility shall initiate child, or assault resulting in serious bodily United States for an alleged criminal of- a referral to a location that can meet the injury. fense; needs of the covered juvenile. ‘‘(lxx) Any offense described in section ‘‘(2) the term ‘juvenile facility’ means any ‘‘(D) SPIRIT AND PURPOSE.—The use of con- 111(5) of the Sex Offender Registration and facility where covered juveniles are— secutive periods of room confinement to Notification Act (34 U.S.C. 20911(5)) that is

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.084 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7616 CONGRESSIONAL RECORD — SENATE December 13, 2018 not otherwise listed in this subsection, relat- health, and related economic problems and (4) in paragraph (8)— ing to sex offenses, for which the offender is tribal governance and economic development (A) by inserting ‘‘John S. McCain III’’ be- sentenced to a term of imprisonment of more issues. fore ‘‘United States Institute for Environ- than 1 year. SEC. 2. DEFINITIONS. mental Conflict Resolution’’; and ‘‘(lxxi) Any offense that is not otherwise (a) IN GENERAL.—Section 4 of the Morris K. (B) by striking ‘‘resolve environmental’’ listed in this subsection for which the of- Udall and Stewart L. Udall Foundation Act and inserting ‘‘resolve environmental issues, fender is sentenced to a term of imprison- (20 U.S.C. 5602) is amended— conflicts, and’’. ment of more than 1 year, and— (1) in paragraph (2), by striking ‘‘the Udall SEC. 5. AUTHORITY OF THE FOUNDATION. ‘‘(I) has as an element the use, attempted Center for Studies in Public Policy estab- use, or threatened use of physical force lished at the University of Arizona in 1987’’ Section 7 of the Morris K. Udall and Stew- against the person or property of another, or and inserting ‘‘the Udall Center for Studies art L. Udall Foundation Act (20 U.S.C. 5605) ‘‘(II) that, based on the facts of the offense, in Public Policy established in 1987 at the is amended— involved a substantial risk that physical University of Arizona, and includes the Na- (1) in subsection (a)— force against the person or property of an- tive Nations Institute’’; (A) in paragraph (1)— other may have been used in the course of (2) by redesignating paragraphs (3) through (i) by striking subparagraphs (A) through committing the offense. (7), (8), and (9) as paragraphs (4) through (8), (C) and inserting the following: (11), and (12), respectively; ‘‘(A) GENERAL PROGRAMMING AUTHORITY.— SA 4110. Mr. LANKFORD (for himself (3) by inserting after paragraph (2) the fol- The Foundation is authorized to identify and and Mr. INHOFE) proposed an amend- lowing: conduct, directly or by contract, such pro- ment to the bill H.R. 2606, to amend the ‘‘(3) the term ‘collaboration’ means to grams, activities, and services as the Foun- work in partnership with other entities for dation considers appropriate to carry out the Act of August 4, 1947 (commonly known the purpose of— purposes described in section 6, which may as the Stigler Act), with respect to re- ‘‘(A) resolving disputes; include— strictions applicable to Indians of the ‘‘(B) addressing issues that may cause or ‘‘(i) awarding scholarships, fellowships, in- Five Civilized Tribes of Oklahoma, and result in disputes; or ternships, and grants, by national competi- for other purposes; as follows: ‘‘(C) streamlining and enhancing Federal, tion or other method, to eligible individuals, On page 3, line 9, strike ‘‘, as of said date,’’ State, or tribal environmental and natural as determined by the Foundation and in ac- and insert ‘‘, as of the date of enactment of resource decision-making processes or proce- cordance with paragraphs (2), (3), and (4), for the Stigler Act Amendments of 2018,’’. dures that may result in a dispute or con- study in fields related to the environment or At the end of the bill, add the following: flict;’’; Native American and Alaska Native health (4) in paragraph (7), as redesignated by care and tribal policy; SEC. 5. RULE OF CONSTRUCTION PROVIDING FOR ‘‘(ii) funding the Center to carry out and NO RETROACTIVITY. paragraph (2)— (A) by striking ‘‘United States Institute manage other programs, activities, and serv- Nothing in this Act, or the amendments for Environmental Conflict Resolution’’ and ices; and made by this Act, shall be construed to re- inserting ‘‘John S. McCain III United States ‘‘(iii) other education programs that the vise or extend the restricted status of any Institute for Environmental Conflict Resolu- Board determines are consistent with the lands under the Act of August 4, 1947 (61 tion’’; and purposes for which the Foundation is estab- Stat. 731, chapter 458) that lost restricted (B) by striking ‘‘section 7(a)(1)(D)’’ and in- lished.’’; status under such Act before the date of en- serting ‘‘section 7(a)(1)(B)’’; (ii) by redesignating subparagraph (D) as actment of this Act. (5) in paragraph (8), as redesignated by subparagraph (B); and paragraph (2), by striking ‘‘section 1201(a)’’ (iii) in subparagraph (B), as redesignated— SA 4111. Mr. MCCONNELL (for Mr. and inserting ‘‘section 101(a)’’; and (I) in the subparagraph heading, by strik- CHATZ S ) proposed an amendment to the (6) by inserting after paragraph (8), as re- ing ‘‘INSTITUTE FOR ENVIRONMENTAL CONFLICT bill S. 3461, to amend the PROTECT designated by paragraph (2), the following: RESOLUTION’’ and inserting ‘‘JOHN S. MCCAIN Act to expand the national AMBER ‘‘(9) the term ‘Nation’s parks and wilder- III UNITED STATES INSTITUTE FOR ENVIRON- Alert system to territories of the ness’ means units of the National Park Sys- MENTAL CONFLICT RESOLUTION’’; United States, and for other purposes; tem and components of the National Wilder- (II) in clause (i)— as follows: ness Preservation System; (aa) in subclause (I), by inserting ‘‘John S. ‘‘(10) the term ‘Native Nations Institute’ McCain III’’ before ‘‘United States Institute On page 9, strike line 22 and all that fol- means the Native Nations Institute for Lead- for Environmental Conflict Resolution’’; and lows through page 10, line 16. ership, Management, and Policy established (bb) in subclause (II)— at the University of Arizona in 2001;’’. SA 4112. Mr. MCCONNELL (for Mr. (AA) by inserting ‘‘collaboration,’’ after (b) CONFORMING AMENDMENT.—Section ‘‘mediation,’’; and BARRASSO) proposed an amendment to 3(5)(B) of the Morris K. Udall and Stewart L. the bill S. 2827, to amend the Morris K. Udall Foundation Act (20 U.S.C. 5601(5)(B)) is (BB) by striking ‘‘to resolve environmental Udall and Stewart L. Udall Foundation amended by striking ‘‘the United States In- disputes.’’ and inserting the following: ‘‘to Act; as follows: stitute for Environmental Conflict Resolu- resolve— tion’’ and inserting ‘‘the Institute’’. ‘‘(aa) environmental disputes; and Strike all after the enacting clause and in- ‘‘(bb) Federal, State, or tribal environ- sert the following: SEC. 3. ESTABLISHMENT OF MORRIS K. UDALL AND STEWART L. UDALL FOUNDA- mental or natural resource decision-making SECTION 1. FINDINGS. TION. processes or procedures that may result in a Congress finds the following: Section 5(e) of the Morris K. Udall and dispute or conflict that may cause or result (1) Since 1999, the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. in disputes.’’; and Stewart L. Udall Foundation (referred to in 5603(e)) is amended by striking ‘‘Arizona.’’ (III) in clause (ii), by inserting ‘‘collabora- this Act as the ‘‘Foundation’’) has operated and inserting ‘‘Arizona and the District of tion,’’ after ‘‘mediation,’’; the Parks in Focus program to provide op- Columbia.’’. (B) by striking paragraph (5); portunities for the youth of the United SEC. 4. PURPOSE OF THE FOUNDATION. (C) by redesignating paragraphs (6) and (7) States to learn about and experience the Na- Section 6 of the Morris K. Udall and Stew- as paragraphs (7) and (8), respectively; tion’s parks and wilderness, and other out- art L. Udall Foundation Act (20 U.S.C. 5604) (D) by inserting after paragraph (4) the fol- door areas. is amended— lowing: (2) Since 2001, the Foundation has con- (1) in paragraph (4), by striking ‘‘establish ‘‘(5) PARKS IN FOCUS.—The Foundation ducted research and provided education and a Program for Environmental Policy Re- shall— training to Native American and Alaska Na- search and Environmental Conflict Resolu- ‘‘(A) identify and invite the participation tive professionals and leaders on Native tion and Training at the Center’’ and insert- of youth throughout the United States to American and Alaska Native health care ing ‘‘establish a program for environmental enjoy the Nation’s parks and wilderness and issues and tribal public policy through the policy research at the Center and a program other outdoor areas, in an education pro- Native Nations Institute for Leadership, for environmental conflict resolution and gram intended to carry out the purpose of Management, and Policy. training at the John S. McCain III United paragraphs (1) and (2) of section 6; and (3) The Foundation is committed to con- States Institute for Environmental Conflict ‘‘(B) provide training and education pro- tinuing to make a substantial contribution Resolution’’; grams and activities to teach Federal em- toward public policy in the future by— (2) in paragraph (5), by inserting ‘‘, natural ployees, natural resource professionals, ele- (A) playing a significant role in developing resource, conflict resolution,’’ after ‘‘envi- mentary and secondary school educators, the next generation of environmental, public ronmental’’; and others to work with youth to promote health, public lands, natural resource, and (3) in paragraph (7)— the use and enjoyment of the Nation’s parks Native American leaders; and (A) by inserting ‘‘at the Native Nations In- and wilderness and other outdoor areas. (B) working with current leaders to im- stitute’’ after ‘‘develop resources’’; and ‘‘(6) SPECIFIC PROGRAMS.—The Foundation prove collaboration and decision-making on (B) by inserting ‘‘providing education to shall assist in the development and imple- challenging environmental, energy, public and’’ after ‘‘policy, by’’; and mentation of programs at the Center—

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.086 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7617 ‘‘(A) to provide for an annual meeting of serting ‘‘in the District of Columbia and ‘‘(B) pasteurized process cheese foods as de- experts to discuss contemporary environ- Tucson, Arizona, or their environs’’; and fined in section 133.173 or 133.174 of title 21, mental issues; (2) in subsection (b), by striking ‘‘, with Code of Federal Regulations (or any suc- ‘‘(B) to conduct environmental policy re- the exception of paragraph (4),’’. cessor regulations); search; and SEC. 8. AUTHORIZATION OF APPROPRIATIONS. ‘‘(C) pasteurized cheese spreads as defined ‘‘(C) to promote dialogue with visiting pol- Section 13(b) of the Morris K. Udall and in section 133.175, 133.176, or 133.178 of title 21, icymakers on environmental, natural re- Stewart L. Udall Foundation Act (20 U.S.C. Code of Federal Regulations (or any suc- source, and public lands issues.’’; 5609(b)) is amended by striking ‘‘fiscal years cessor regulations); (E) in paragraph (7), as redesignated by 2004 through 2008’’ and inserting ‘‘fiscal years ‘‘(D) pasteurized process cheese spreads as subparagraph (C), by striking ‘‘Morris K. 2019 through 2022’’. defined in section 133.179 or 133.180 of title 21, Udall’s papers’’ and inserting ‘‘the papers of SEC. 9. AUDIT OF THE FOUNDATION. Code of Federal Regulations (or any suc- Morris K. Udall and Stewart L. Udall’’; and Not later than 2 years after the date of en- cessor regulations); (F) by adding at the end the following: actment of this Act, the Inspector General of ‘‘(E) pasteurized blended cheeses as defined ‘‘(9) NATIVE NATIONS INSTITUTE.—The Foun- the Department of the Interior shall conduct in section 133.167 or 133.168 of title 21, Code of dation shall provide direct or indirect assist- an audit of the Morris K. Udall and Stewart Federal Regulations (or any successor regu- ance to the Native Nations Institute from L. Udall Foundation. the annual appropriations to the Trust Fund lations); in such amounts as Congress may direct to SA 4113. Mr. MCCONNELL (for Mr. ‘‘(F) any products comparable to any prod- uct described in any of clauses (A) through conduct research and provide education and JOHNSON (for himself and Mr. WYDEN)) training to Native American and Alaska Na- proposed an amendment to the bill S. (E); or tive professionals and leaders on Native ‘‘(G) cold pack cheeses as defined in sec- American and Alaska Native health care 2322, to amend the Federal Food, Drug, tion 133.123, 133.124, or 133.125 title 21, Code of issues and tribal public policy issues as pro- and Cosmetic Act to define the term Federal Regulations (or any successor regu- vided in section 6(7).’’; natural cheese; as follows: lations) (2) by striking subsection (c) and inserting Strike all after the enacting clause and in- ‘‘(H) grated American cheese food as de- the following: sert the following: fined in section 133.147 of title 21, Code of ‘‘(c) PROGRAM PRIORITIES.— SECTION 1. SHORT TITLE. Federal Regulations (or any successor regu- ‘‘(1) IN GENERAL.—The Foundation shall de- This Act may be cited as the ‘‘Codifying lations); or termine the priority of the programs to be Useful Regulatory Definitions Act’’ or the ‘‘(I) any other product the Secretary may carried out under this Act and the amount of ‘‘CURD Act’’. designate as a process cheese. funds to be allocated for such programs from SEC. 2. FINDINGS. the funds earned annually from the interest Congress finds as follows: ‘‘(3) For purposes of this paragraph, the derived from the investment of the Trust (1) There is a need to define the term ‘‘nat- term ‘milk’ has the meaning given such term Fund, subject to paragraph (2). ural cheese’’ in order to maintain trans- in section 133.3 of title 21, Code of Federal ‘‘(2) LIMITATIONS.—In determining the parency and consistency for consumers so Regulations (or any successor regulations) amount of funds to be allocated for programs that they may differentiate ‘‘natural cheese’’ and includes the lacteal secretions from ani- carried out under this Act for a year— from ‘‘process cheese’’. mals other than cows.’’. ‘‘(A) not less than 50 percent of such an- (2) The term ‘‘natural cheese’’ has been (b) LABELING.—Section 403 of the Federal nual interest earnings shall be utilized for used within the cheese making industry for Food Drug and Cosmetic Act (21 U.S.C. 343) the programs set forth in paragraphs (2), (3), more than 50 years and is well-established. is amended by adding at the end the fol- (4), and (5) of subsection (a); SEC. 3. DEFINITION OF NATURAL CHEESE. ‘‘(B) not more than 17.5 percent of such an- (a) DEFINITION.—Section 201 of the Federal lowing: nual interest earnings shall be allocated for Food, Drug, and Cosmetic Act (21 U.S.C. 321) ‘‘(z) If its label or labeling includes the salaries and other administrative purposes; is amended by adding at the end the fol- term ‘natural cheese’ as a factual descriptor and lowing: ‘‘(C) not less than 20 percent of such annual of a category of cheese unless the food meets ‘‘(ss)(1) The term ‘natural cheese’ means the definition of natural cheese under sec- interest earnings shall be appropriated to cheese that is a ripened or unripened soft, tion 201(ss), except that nothing in this para- the Center for activities under paragraphs (7) semi-soft, or hard product, which may be and (8) of subsection (a).’’; and coated, that is produced— graph shall prohibit the use of the term ‘nat- (3) by adding at the end the following: ‘‘(A) by— ural’ or ‘all-natural’, or a similar claim or ‘‘(d) DONATIONS.—Any funds received by ‘‘(i) coagulating wholly or partly the pro- statement with respect to a food in a manner the Foundation in the form of donations or tein of milk, skimmed milk, partly skimmed that is consistent with regulations, guid- grants, as well as any unexpended earnings milk, cream, whey cream, or buttermilk, or ance, or policy statements issued by the Sec- on interest from the Trust Fund that is car- any combination of such ingredients, retary.’’. ried forward from prior years— through the action of rennet or other suit- (c) NATIONAL UNIFORMITY.—Section ‘‘(1) shall not be included in the calcula- able coagulating agents, and by partially tion of the funds available for allocations draining the whey resulting from the coagu- 403A(a)(2) of the Federal Food, Drug, and pursuant to subsection (c); and lation, while respecting the principle that Cosmetic Act (21 U.S.C. 343–1(a)(2)) is amend- ‘‘(2) shall be available to carry out the pro- cheese-making results in a concentration of ed by striking ‘‘or 403(w)’’ and inserting visions of this Act as the Board determines milk protein (in particular, the casein por- ‘‘403(w), or 403(z)’’. to be necessary and appropriate.’’. tion), and that consequently, the protein SEC. 6. USE OF INSTITUTE BY FEDERAL AGENCY content of the cheese will be distinctly high- OR OTHER ENTITY. er than the protein level of the blend of the SA 4114. Mr. MCCONNELL (for Mr. Section 11 of the Morris K. Udall and Stew- above milk materials from which the cheese THUNE (for himself and Mr. NELSON)) art L. Udall Foundation Act (20 U.S.C. 5607b) was made; or proposed an amendment to the bill is amended— ‘‘(ii) processing techniques involving co- H.R. 6227, to provide for a coordinated (1) in subsection (a)— agulation of the protein of milk or products (A) by inserting ‘‘collaboration,’’ after obtained from milk to produce an end-prod- Federal program to accelerate quan- ‘‘mediation,’’; and uct with similar physical, chemical, and tum research and development for the (B) by striking ‘‘resources.’’ and inserting organoleptic characteristics as the product economic and national security of the ‘‘resources, or with a Federal, State, or trib- described in subclause (i); and United States; as follows: al process or procedure that may result in a ‘‘(iii) including the addition of safe and dispute or conflict.’’; and suitable non-milk derived ingredients of the Strike all after the enacting clause and in- (2) in subsection (c)(2)(C), by inserting type permitted in the standards of identity sert the following: ‘‘mediation, collaboration, and’’ after ‘‘agree described in clause (B) as natural cheese; or to’’. ‘‘(B) in accordance with standards of iden- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SEC. 7. ADMINISTRATIVE PROVISIONS. tity under part 133 of title 21, Code of Fed- (a) SHORT TITLE.—This Act may be cited as Section 12 of the Morris K. Udall and Stew- eral Regulations (or any successor regula- the ‘‘National Quantum Initiative Act’’. art L. Udall Foundation Act (20 U.S.C. 5608) tions), other than the standards described in is amended— subparagraph (2) or any future standards (b) TABLE OF CONTENTS.—The table of con- (1) in subsection (a)— adopted by the Secretary in accordance with tents of this Act is as follows: (A) in paragraph (4), by striking ‘‘accept, subparagraph (2)(I). hold, administer, and utilize gifts’’ and in- ‘‘(2) Such term does not include— serting ‘‘accept, hold, solicit, administer, ‘‘(A) pasteurized process cheeses as defined and utilize donations, grants, and gifts’’; and in section 133.169, 133.170, or 133.171 of title 21, (B) in paragraph (7), by striking ‘‘in the Code of Federal Regulations (or any suc- District of Columbia or its environs’’ and in- cessor regulations);

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.086 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7618 CONGRESSIONAL RECORD — SENATE December 13, 2018 Sec. 1. Short title; table of contents. (C) to address basic research knowledge porting joint agency solicitation and selec- Sec. 2. Definitions. gaps, including computational research gaps; tion of applications for funding of activities Sec. 3. Purposes. (D) to promote the further development of under the Program; TITLE I—NATIONAL QUANTUM facilities and centers available for quantum (3) serve as the point of contact on Federal INITIATIVE information science and technology re- civilian quantum information science and Sec. 101. National Quantum Initiative Pro- search, testing and education; and technology activities for Federal depart- gram. (E) to stimulate research on and promote ments and agencies, industry, universities Sec. 102. National Quantum Coordination more rapid development of quantum-based professional societies, State governments, Office. technologies; and such other persons as the Coordination Sec. 103. Subcommittee on Quantum Infor- (2) improving the interagency planning and Office considers appropriate to exchange mation Science. coordination of Federal research and devel- technical and programmatic information; Sec. 104. National Quantum Initiative Ad- opment of quantum information science and (4) ensure coordination among the collabo- visory Committee. technology; rative ventures or consortia established Sec. 105. Sunset. (3) maximizing the effectiveness of the under section 201(a), Multidisciplinary Cen- TITLE II—NATIONAL INSTITUTE OF Federal Government’s quantum information ters for Quantum Research and Education STANDARDS AND TECHNOLOGY QUAN- science and technology research , develop- established under section 302(a), and the Na- TUM ACTIVITIES ment, and demonstration programs; tional Quantum Information Science Re- (4) promoting collaboration among the search Centers established under section Sec. 201. National Institute of Standards Federal Government, Federal laboratories, 402(a); and Technology activities and quan- industry, and universities; and (5) conduct public outreach, including the tum consortium. (5) promoting the development of inter- dissemination of findings and recommenda- TITLE III—NATIONAL SCIENCE national standards for quantum information tions of the Advisory Committee, as appro- FOUNDATION QUANTUM ACTIVITIES science and technology security— priate; Sec. 301. Quantum information science re- (A) to facilitate technology innovation and (6) promote access to and early application search and education program. private sector commercialization; and of the technologies, innovations, and exper- Sec. 302. Multidisciplinary Centers for (B) to meet economic and national security tise derived from Program activities to agen- Quantum Research and Education. goals. cy missions and systems across the Federal TITLE IV—DEPARTMENT OF ENERGY TITLE I—NATIONAL QUANTUM INITIATIVE Government, and to industry, including startup companies; and QUANTUM ACTIVITIES SEC. 101. NATIONAL QUANTUM INITIATIVE PRO- Sec. 401. Quantum Information Science GRAM. (7) promote access, through appropriate Research program. (a) IN GENERAL.—The President shall im- Federal Government agencies, and an open Sec. 402. National Quantum Information plement a National Quantum Initiative Pro- and competitive merit-reviewed process, to Science Research Centers. gram. existing quantum computing and commu- SEC. 2. DEFINITIONS. (b) REQUIREMENTS.—In carrying out the nication systems developed by industry, uni- In this Act: Program, the President, acting through Fed- versities, and Federal laboratories to the (1) ADVISORY COMMITTEE.—The term ‘‘Advi- eral agencies, councils, working groups, sub- general user community in pursuit of dis- sory Committee’’ means the National Quan- committees, and the Coordination Office, as covery of the new applications of such sys- tum Initiative Advisory Committee estab- the President considers appropriate, shall— tems. lished under section 104(a). (1) establish the goals, priorities, and (c) FUNDING.—Funds necessary to carry out the activities of the Coordination Office (2) APPROPRIATE COMMITTEES OF CON- metrics for a 10-year plan to accelerate de- shall be made available each fiscal year by GRESS.—The term ‘‘appropriate committees velopment of quantum information science the Federal departments and agencies de- of Congress’’ means— and technology applications in the United scribed in section 103(b), as determined by (A) the Committee on Commerce, Science, States; the Director of the Office of Science and and Transportation of the Senate; (2) invest in fundamental Federal quantum Technology Policy. (B) the Committee on Energy and Natural information science and technology re- Resources of the Senate; and search, development, demonstration, and SEC. 103. SUBCOMMITTEE ON QUANTUM INFOR- MATION SCIENCE. (C) the Committee on Science, Space, and other activities to achieve the goals estab- (a) ESTABLISHMENT.—The President shall Technology of the House of Representatives. lished under paragraph (1); establish, through the National Science and (3) COORDINATION OFFICE.—The term ‘‘Co- (3) invest in activities to develop a quan- Technology Council, the Subcommittee on ordination Office’’ means the National Quan- tum information science and technology Quantum Information Science. tum Coordination Office established under workforce pipeline; (b) MEMBERSHIP.—The Subcommittee shall section 102(a). (4) provide for interagency planning and include a representative of— (4) INSTITUTION OF HIGHER EDUCATION.—The coordination of Federal quantum informa- (1) the National Institute of Standards and term ‘‘institution of higher education’’ has tion science and technology research, devel- Technology; the meaning given the term in section 101(a) opment, demonstration, standards engage- (2) the National Science Foundation; of the Higher Education Act of 1965 (20 U.S.C. ment, and other activities under the Pro- (3) the Department of Energy; 1001(a)). gram; (4) the National Aeronautics and Space Ad- (5) PROGRAM.—The term ‘‘Program’’ means (5) partner with industry and universities ministration; the National Quantum Initiative Program to leverage knowledge and resources; and (5) the Department of Defense; implemented under section 101(a). (6) leverage existing Federal investments (6) the Office of the Director of National (6) QUANTUM INFORMATION SCIENCE.—The efficiently to advance Program goals and Intelligence; term ‘‘quantum information science’’ means priorities established under paragraph (1). (7) the Office of Management and Budget; the use of the laws of quantum physics for SEC. 102. NATIONAL QUANTUM COORDINATION (8) the Office of Science and Technology the storage, transmission, manipulation, OFFICE. Policy; and computing, or measurement of information. (a) ESTABLISHMENT.— (9) such other Federal department or agen- (7) SUBCOMMITTEE.—The term ‘‘Sub- (1) IN GENERAL.—The President shall estab- cy as the President considers appropriate. committee’’ means the Subcommittee on lish a National Quantum Coordination Of- (c) CHAIRPERSONS.—The Subcommittee Quantum Information Science of the Na- fice. shall be jointly chaired by the Director of tional Science and Technology Council es- (2) ADMINISTRATION.—The Coordination Of- the National Institute of Standards and tablished under section 103(a). fice shall have— Technology, the Director of the National SEC. 3. PURPOSES. (A) a Director appointed by the Director of Science Foundation, and the Secretary of The purpose of this Act is to ensure the the Office of Science and Technology Policy, Energy. continued leadership of the United States in in consultation with the Secretary of Com- (d) RESPONSIBILITIES.—The Subcommittee quantum information science and its tech- merce, the Director of the National Science shall— nology applications by— Foundation, and the Secretary of Energy; (1) coordinate the quantum information (1) supporting research, development, dem- and science and technology research, informa- onstration, and application of quantum in- (B) staff comprised of employees detailed tion sharing about international standards formation science and technology— from the Federal departments and agencies development and use, and education activi- (A) to expand the number of researchers, described in section 103(b). ties and programs of the Federal agencies; educators, and students with training in (b) RESPONSIBILITIES.—The Coordination (2) establish goals and priorities of the Pro- quantum information science and tech- Office shall— gram, based on identified knowledge and nology to develop a workforce pipeline; (1) provide technical and administrative workforce gaps and other national needs; (B) to promote the development and inclu- support to— (3) assess and recommend Federal infra- sion of multidisciplinary curriculum and re- (A) the Subcommittee; and structure needs to support the Program; search opportunities for quantum informa- (B) the Advisory Committee; (4) assess the status, development, and di- tion science at the undergraduate, graduate, (2) oversee interagency coordination of the versity of the United States quantum infor- and postdoctoral level; Program, including by encouraging and sup- mation science workforce;

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.087 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7619 (5) assess the global outlook for quantum (A) any trends or developments in quan- (3) shall establish or expand collaborative information science research and develop- tum information science and technology; ventures or consortia with other public or ment efforts; (B) the progress made in implementing the private sector entities, including industry, (6) evaluate opportunities for international Program; universities, and Federal laboratories for the cooperation with strategic allies on research (C) the management, coordination, imple- purpose of advancing the field of quantum and development in quantum information mentation, and activities of the Program; information science and engineering; and science and technology; and (D) whether the Program activities and the (4) may enter into and perform such con- (7) propose a coordinated interagency goals and priorities established under section tracts, including cooperative research and budget for the Program to the Office of Man- 103(d)(2) are helping to maintain United development arrangements and grants and agement and Budget to ensure the mainte- States leadership in quantum information cooperative agreements or other trans- nance of a balanced quantum information science and technology; actions, as may be necessary in the conduct science research portfolio and an appropriate (E) whether a need exists to revise the Pro- of the work of the National Institute of level of research effort. gram; Standards and Technology and on such (e) STRATEGIC PLANS.—In order to guide (F) whether opportunities exist for inter- terms as the Director considers appropriate, the activities of the Program and meet the national cooperation with strategic allies on in furtherance of the purposes of this Act. goals, priorities, and anticipated outcomes research and development in, and the devel- (b) QUANTUM CONSORTIUM.— of the Federal departments and agencies de- opment of open standards for, quantum in- (1) IN GENERAL.—Not later than 1 year after scribed in subsection (b), the Subcommittee formation science and technology; and the date of enactment of this Act, the Direc- shall— (G) whether national security, societal, tor of the National Institute of Standards (1) not later than 1 year after the date of economic, legal, and workforce concerns are and Technology shall convene a consortium enactment of this Act, develop a 5-year stra- adequately addressed by the Program. of stakeholders to identify the future meas- tegic plan; (e) REPORTS.—Not later than 180 days after urement, standards, cybersecurity, and other (2) not later than 6 years after the date of the date of enactment of this Act, and at enactment of this Act, develop a subsequent appropriate needs for supporting the develop- least biennially thereafter, the Advisory ment of a robust quantum information 5-year strategic plan; and Committee shall submit to the President, (3) periodically update each plan, as nec- science and technology industry in the the appropriate committees of Congress, and United States. essary. such other committees of Congress as the (f) SUBMITTAL TO CONGRESS.—The chair- (2) GOALS.—The goals of the consortium Advisory Committee deems appropriate a re- persons of the Subcommittee shall submit to shall be— the President, the Advisory Committee, and port on the findings of the independent as- (A) to assess the current research on the the appropriate committees of Congress each sessment under subsection (d), including any needs identified in paragraph (1); strategic plan developed under subsection (e) recommendations for improvements to the (B) to identify any gaps in the research and any updates thereto. Program. necessary to meet the needs identified in (g) ANNUAL PROGRAM BUDGET REPORT.— (f) TRAVEL EXPENSES OF NON-FEDERAL paragraph (1); and (1) IN GENERAL.—Each year, concurrent MEMBERS.—Non-Federal members of the Ad- (C) to provide recommendations on how with the annual budget request submitted by visory Committee, while attending meetings the National Institute of Standards and the President to Congress under section 1105 of the Advisory Committee or while other- Technology and the Program can address the of title 31, United States Code, the chair- wise serving at the request of the head of the gaps in the necessary research identified in persons of the Subcommittee shall submit to Advisory Committee away from their homes subparagraph (B). the appropriate committees of Congress and or regular places of business, may be allowed (3) REPORT TO CONGRESS.—Not later than 2 such other committees of Congress as the travel expenses, including per diem in lieu of years after the date of enactment of this chairpersons deem appropriate a report on subsistence, as authorized by section 5703 of Act, the Director of the National Institute of the budget for the Program. title 5, United States Code, for individuals in Standards and Technology shall submit to (2) CONTENTS.—Each report submitted the Government serving without pay. Noth- the Committee on Commerce, Science, and under paragraph (1) shall include the fol- ing in this subsection shall be construed to Transportation of the Senate and the Com- lowing: prohibit members of the Advisory Com- mittee on Science, Space, and Technology of (A) The budget of the Program for the cur- mittee who are officers or employees of the the House of Representatives a report sum- rent fiscal year, for each Federal department United States from being allowed travel ex- marizing the findings of the consortium. and agency described in subsection (b). penses, including per diem in lieu of subsist- (c) FUNDING.—The Director of the National (B) The budget proposed for the Program ence, in accordance with existing law. Institute of Standards and Technology shall for the next fiscal year, for each Federal de- (g) FACA EXEMPTION.—The Advisory Com- allocate up to $80,000,000 to carry out the ac- partment and agency described in subsection mittee shall be exempt from section 14 of the tivities under this section for each of fiscal (b). Federal Advisory Committee Act (5 U.S.C. years 2019 through 2023, subject to the avail- (C) An analysis of the progress made to- App.). ability of appropriations. Amounts made ward achieving the goals and priorities es- SEC. 105. SUNSET. available to carry out this section shall be tablished under subsection (d)(2). (a) IN GENERAL.—Except as provided in derived from amounts appropriated or other- SEC. 104. NATIONAL QUANTUM INITIATIVE ADVI- subsection (b), the authority to carry out wise made available to the National Insti- SORY COMMITTEE. sections 101, 102, 103, and 104 shall terminate tute of Standards and Technology. (a) IN GENERAL.—The President shall es- on the date that is 11 years after the date of tablish a National Quantum Initiative Advi- enactment of this Act. TITLE III—NATIONAL SCIENCE sory Committee. (b) EXTENSION.—The President may con- FOUNDATION QUANTUM ACTIVITIES (b) QUALIFICATIONS.—The Advisory Com- tinue the activities under such sections if SEC. 301. QUANTUM INFORMATION SCIENCE RE- mittee shall consist of members, appointed the President determines that such activi- SEARCH AND EDUCATION PROGRAM. by the President, who are representative of ties are necessary to meet national economic (a) IN GENERAL.—The Director of the Na- industry, universities, and Federal labora- or national security needs. tional Science Foundation shall carry out a tories and are qualified to provide advice and TITLE II—NATIONAL INSTITUTE OF basic research and education program on information on quantum information science STANDARDS AND TECHNOLOGY QUAN- quantum information science and engineer- and technology research, development, dem- TUM ACTIVITIES ing, including the competitive award of onstrations, standards, education, tech- grants to institutions of higher education or nology transfer, commercial application, or SEC. 201. NATIONAL INSTITUTE OF STANDARDS eligible nonprofit organizations (or consortia national security and economic concerns. AND TECHNOLOGY ACTIVITIES AND thereof). (c) MEMBERSHIP CONSIDERATION.—In select- QUANTUM CONSORTIUM. ing the members of the Advisory Committee, (a) NATIONAL INSTITUTE OF STANDARDS AND (b) PROGRAM COMPONENTS.— the President may seek and give consider- TECHNOLOGY ACTIVITIES.—As part of the Pro- (1) IN GENERAL.—In carrying out the pro- ation to recommendations from the Con- gram, the Director of the National Institute gram under subsection (a), the Director of gress, industry, the scientific community of Standards and Technology— the National Science Foundation shall carry (including the National Academy of (1) shall continue to support and expand out activities that— Sciences, scientific professional societies, basic and applied quantum information (A) support basic interdisciplinary quan- and universities), the defense community, science and technology research and develop- tum information science and engineering re- and other appropriate organizations. ment of measurement and standards infra- search; and (d) DUTIES.— structure necessary to advance commercial (B) support human resources development (1) IN GENERAL.—The Advisory Committee development of quantum applications; in all aspects of quantum information shall advise the President and the Sub- (2) shall use the existing programs of the science and engineering. committee and make recommendations for National Institute of Standards and Tech- (2) REQUIREMENTS.—The activities de- the President to consider when reviewing nology, in collaboration with other Federal scribed in paragraph (1) shall include— and revising the Program. departments and agencies, as appropriate, to (A) using the existing programs of the Na- (2) INDEPENDENT ASSESSMENTS.—The Advi- train scientists in quantum information tional Science Foundation, in collaboration sory Committee shall conduct periodic, inde- science and technology to increase participa- with other Federal departments and agen- pendent assessments of— tion in the quantum fields; cies, as appropriate—

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.087 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7620 CONGRESSIONAL RECORD — SENATE December 13, 2018 (i) to improve the teaching and learning of (C) how the Center will support long-term agencies, as appropriate, to establish and op- quantum information science and engineer- and short-term workforce development in erate at least 2, but not more than 5, Na- ing at the undergraduate, graduate, and the quantum field; tional Quantum Information Science Re- postgraduate levels; and (D) how the Center can support an innova- search Centers (referred to in this section as (ii) to increase participation in the quan- tion ecosystem to work with industry to ‘‘Centers’’) to conduct basic research to ac- tum fields, including by individuals identi- translate Center research into applications; celerate scientific breakthroughs in quan- fied in sections 33 and 34 of the Science and and tum information science and technology and Engineering Equal Opportunities Act (42 (E) a long-term plan to become self-sus- to support research conducted under section U.S.C. 1885a, 1885b); taining after the expiration of funding under 401. (B) formulating goals for quantum infor- this section. (2) REQUIREMENTS.— mation science and engineering research and (e) SELECTION AND DURATION.— (A) COMPETITIVE, MERIT-REVIEWED PROC- education activities to be supported by the (1) IN GENERAL.—Each Center established ESS.—The Centers shall be established National Science Foundation; under this section is authorized to carry out through a competitive, merit-reviewed proc- (C) leveraging the collective body of activities for a period of 5 years. ess. knowledge from existing quantum informa- (2) REAPPLICATION.—An awardee may re- (B) APPLICATIONS.—An eligible applicant tion science and engineering research and apply for additional, subsequent periods of 5 under this subsection shall submit to the Di- education activities; years on a competitive, merit-reviewed rector an application at such time, in such (D) coordinating research efforts funded basis. manner, and containing such information as through existing programs across the direc- (3) TERMINATION.—Consistent with the au- the Director determines to be appropriate. torates of the National Science Foundation; thorities of the National Science Founda- (C) ELIGIBLE APPLICANTS.—The Director and tion, the Director of the National Science shall consider applications from National (E) engaging with other Federal depart- Foundation may terminate an underper- Laboratories, institutions of higher edu- ments and agencies, research communities, forming Center for cause during the perform- cation, research centers, multi-institutional and potential users of information produced ance period. collaborations, and any other entity that the under this section. (f) FUNDING.—The Director of the National Secretary of Energy determines to be appro- (c) GRADUATE TRAINEESHIPS.—The Director Science Foundation shall allocate up to priate. of the National Science Foundation may es- $10,000,000 for each Center established under (b) COLLABORATIONS.—A collaboration that tablish a program to provide traineeships to this section for each of fiscal years 2019 receives an award under this section may in- graduate students at institutions of higher through 2023, subject to the availability of clude multiple types of research institutions education within the United States who are appropriations. Amounts made available to and private sector entities. citizens of the United States and who choose carry out this section shall be derived from (c) REQUIREMENTS.—To the maximum ex- to pursue masters or doctoral degrees in amounts appropriated or otherwise made tent practicable, the Centers developed, con- quantum information science. available to the National Science Founda- structed, operated, or maintained under this SEC. 302. MULTIDISCIPLINARY CENTERS FOR tion. section shall serve the needs of the Depart- QUANTUM RESEARCH AND EDU- TITLE IV—DEPARTMENT OF ENERGY ment of Energy, industry, the academic com- CATION. QUANTUM ACTIVITIES munity, and other relevant entities to create (a) IN GENERAL.—The Director of the Na- SEC. 401. QUANTUM INFORMATION SCIENCE RE- and develop processes for the purpose of ad- tional Science Foundation, in consultation vancing basic research in quantum informa- with other Federal departments and agen- SEARCH PROGRAM. (a) IN GENERAL.—The Secretary of Energy tion science and improving the competitive- cies, as appropriate, shall award grants to in- ness of the United States. stitutions of higher education or eligible shall carry out a basic research program on (d) COORDINATION.—The Secretary of En- nonprofit organizations (or consortia there- quantum information science. ergy shall ensure the coordination, and avoid of) to establish at least 2, but not more than (b) PROGRAM COMPONENTS.—In carrying out unnecessary duplication, of the activities of 5, Multidisciplinary Centers for Quantum Re- the program under subsection (a), the Sec- each Center with the activities of— search and Education (referred to in this sec- retary of Energy shall— (1) other research entities of the Depart- tion as ‘‘Centers’’). (1) formulate goals for quantum informa- ment of Energy, including— (b) COLLABORATIONS.—A collaboration re- tion science research to be supported by the (A) the Nanoscale Science Research Cen- ceiving an award under this subsection may Department of Energy; ters; include institutions of higher education, (2) leverage the collective body of knowl- (B) the Energy Frontier Research Centers; nonprofit organizations, and private sector edge from existing quantum information (C) the Energy Innovation Hubs; and entities. science research; (c) PURPOSE.—The purpose of the Centers (3) provide research experiences and train- (D) the National Laboratories; shall be to conduct basic research and edu- ing for additional undergraduate and grad- (2) institutions of higher education; and cation activities in support of the goals and uate students in quantum information (3) industry. priorities established under section 103(d)(2), science, including in the fields of— (e) DURATION.— including by— (A) quantum information theory; (1) IN GENERAL.—Each Center established (1) continuing to advance quantum infor- (B) quantum physics; under this section is authorized to carry out mation science and engineering; (C) quantum computational science; activities for a period of 5 years. (2) supporting curriculum and workforce (D) applied mathematics and algorithm de- (2) REAPPLICATION.—An awardee may re- development in quantum information velopment; apply for additional, subsequent periods of 5 science and engineering; and (E) quantum networking; years. The Director shall approve or dis- (3) fostering innovation by bringing indus- (F) quantum sensing and detection; and approve of each reapplication on a competi- try perspectives to quantum research and (G) materials science and engineering; tive, merit-reviewed basis. workforce development, including by (4) coordinate research efforts funded (3) TERMINATION.—Consistent with the au- leveraging industry knowledge and re- through existing programs across the De- thorities of the Department of Energy, the sources. partment of Energy, including— Secretary of Energy may terminate an (d) REQUIREMENTS.— (A) the Nanoscale Science Research Cen- underperforming Center for cause during the (1) IN GENERAL.—An institution of higher ters; performance period. education or an eligible nonprofit organiza- (B) the Energy Frontier Research Centers; (f) FUNDING.—The Secretary of Energy tion (or a consortium thereof) seeking fund- (C) the Energy Innovation Hubs; shall allocate up to $25,000,000 for each Cen- ing under this section shall submit an appli- (D) the National Laboratories; ter established under this section for each of cation to the Director of the National (E) the Advanced Research Projects Agen- fiscal years 2019 through 2023, subject to the Science Foundation at such time, in such cy; and availability of appropriations. Amounts manner, and containing such information as (F) the National Quantum Information made available to carry out this section the Director may require. Science Research Centers; and shall be derived from amounts appropriated (2) APPLICATIONS.—Each application under (5) coordinate with other Federal depart- or otherwise made available to the Depart- paragraph (1) shall include a description of— ments and agencies, research communities, ment of Energy. (A) how the Center will work with other and potential users of information produced research institutions and industry partners under this section. f to leverage expertise in quantum science, SEC. 402. NATIONAL QUANTUM INFORMATION education and curriculum development, and SCIENCE RESEARCH CENTERS. AUTHORITY FOR COMMITTEES TO technology transfer; (a) ESTABLISHMENT.— MEET (B) how the Center will promote active col- (1) IN GENERAL.—The Secretary of Energy, Mr. MCCONNELL. Mr. President, I laboration among researchers in multiple acting through the Director of the Office of disciplines involved in quantum research, in- Science (referred to in this section as the have 3 requests for committees to meet cluding physics, engineering, mathematics, ‘‘Director’’), shall ensure that the Office of during today’s session of the Senate. computer science, chemistry, and material Science carries out a program, in consulta- They have the approval of the Majority science; tion with other Federal departments and and Minority leaders.

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.087 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7621 Pursuant to rule XXVI, paragraph (The amendment is printed in today’s (4) DIGITAL ECONOMY.— 5(a), of the Standing Rules of the Sen- RECORD under ‘‘Text of Amendments.’’) (A) IN GENERAL.—Subject to subparagraph ate, the following committees are au- The bill (S. 2827), as amended, was or- (B), the term ‘‘digital economy’’ has the mean- thorized to meet during today’s session dered to be engrossed for a third read- ing given the term by the Secretary in carrying out this section. of the Senate: ing, was read the third time, and (B) CONSIDERATIONS.—In establishing a defi- passed. COMMITTEE ON ARMED SERVICES nition for the term ‘‘digital economy’’ under The Committee on Armed Services is f subparagraph (A), the Secretary shall con- authorized to meet during the session sider— MEASURING THE ECONOMIC IM- of the Senate on Thursday, December (i) the digital-enabling infrastructure that a PACT OF BROADBAND ACT OF computer network needs to exist and operate; 13, 2018, at a time to be determined, to 2018 conduct a pending nomination. and Mr. MCCONNELL. Mr. President, I (ii) the roles of e-commerce and digital media. COMMITTEE ON FINANCE ask unanimous consent that the Sen- (5) DIGITAL MEDIA.—The term ‘‘digital media’’ The Committee on Finance is author- ate proceed to the immediate consider- means the content that participants in e-com- ized to meet during the session of the ation of Calendar No. 613, S. 645. merce create and access. Senate on Thursday, December 13, 2018, The PRESIDING OFFICER. The (6) E-COMMERCE.—The term ‘‘e-commerce’’ at 1:45 p.m., to conduct a hearing on means the digital transactions that take place clerk will report the bill by title. the nomination of Courtney Dunbar using the infrastructure described in paragraph The senior assistant legislative clerk Jones, of Virginia, to be a Judge of the (4)(B)(i). read as follows: United States Tax Court. (7) SECRETARY.—The term ‘‘Secretary’’ means A bill (S. 645) to require the Secretary of the Secretary of Commerce. COMMITTEE ON FOREIGN RELATIONS Commerce to conduct an assessment and (b) BIENNIAL ASSESSMENT AND ANALYSIS RE- The Committee on Foreign Relations analysis of the effects of broadband deploy- QUIRED.—Not later than 2 years after the date is authorized to meet during the ses- ment and adoption on the economy of the of enactment of this Act, and biennially there- sion of the Senate on Thursday, De- United States, and for other purposes. after, the Secretary, in consultation with the cember 13, 2018, at 10 a.m., to conduct a There being no objection, the Senate Director of the Bureau of Economic Analysis of hearing. proceeded to consider the bill, which the Department of Commerce and the Assistant Secretary, shall conduct an assessment and f had been reported from the Committee analysis regarding the contribution of the dig- on Commerce, Science, and Transpor- ital economy to the economy of the United AMENDING THE MORRIS K. UDALL tation, with an amendment to strike States. AND STEWART L. UDALL FOUN- all after the enacting clause and insert (c) CONSIDERATIONS AND CONSULTATION.—In DATION ACT in lieu thereof the following: conducting each assessment and analysis re- quired under subsection (b), the Secretary Mr. MCCONNELL. Mr. President, I SECTION 1. SHORT TITLE. shall— ask unanimous consent that the Sen- This Act may be cited as the ‘‘Measuring the ate proceed to the immediate consider- Economic Impact of Broadband Act of 2018’’. (1) consider the impact of— (A) the deployment and adoption of— ation of Calendar No. 578, S. 2827. SEC. 2. ASSESSMENT AND ANALYSIS REGARDING The PRESIDING OFFICER. The THE EFFECT OF THE DIGITAL ECON- (i) digital-enabling infrastructure; and OMY ON THE ECONOMY OF THE (ii) broadband; clerk will report the bill by title. UNITED STATES. The senior assistant legislative clerk (B) e-commerce and platform-enabled peer-to- (a) DEFINITIONS.—In this section: peer commerce; and read as follows: (1) APPROPRIATE COMMITTEES OF CONGRESS.— (C) the production and consumption of digital A bill (S. 2827) to amend the Morris K. The term ‘‘appropriate committees of Congress’’ media, including free media; and means— Udall and Stewart L. Udall Foundation Act. (2) consult with— (A) the Committee on Commerce, Science, and There being no objection, the Senate Transportation of the Senate; (A) the heads of any agencies and offices of proceeded to consider the bill. (B) the Committee on Environment and Public the Federal Government as the Secretary con- Mr. MCCONNELL. I ask unanimous Works of the Senate; siders appropriate, including the Secretary of consent that the committee-reported (C) the Committee on Small Business and En- Agriculture, the Commissioner of the Bureau of Labor Statistics, the Administrator of the Small substitute amendment be withdrawn trepreneurship of the Senate; Business Administration, and the Federal Com- (D) the Committee on Energy and Commerce and the Barrasso substitute amend- munications Commission; of the House of Representatives; ment at the desk be agreed to; that the (B) representatives of the business community, bill, as amended, be considered read a (E) the Committee on Transportation and In- frastructure of the House of Representatives; including rural and urban Internet service pro- third time and passed; and that the and viders and telecommunications infrastructure motion to reconsider be considered (F) the Committee on Small Business of the providers; made and laid upon the table. House of Representatives. (C) representatives from State, local, and trib- The PRESIDING OFFICER. Without (2) ASSISTANT SECRETARY.—The term ‘‘Assist- al government agencies; and objection, it is so ordered. ant Secretary’’ means the Assistant Secretary of (D) representatives from consumer and com- The committee-reported amendment Commerce for Communications and Information. munity organizations. in the nature of a substitute was with- (3) BROADBAND.—The term ‘‘broadband’’ (d) REPORT.—The Secretary shall submit to means an Internet Protocol-based transmission the appropriate committees of Congress a report drawn. service that enables users to send and receive regarding the findings of the Secretary with re- The amendment (No. 4112) in the na- voice, video, data, or graphics, or a combination spect to each assessment and analysis conducted ture of a substitute was agreed to. of those items. under subsection (b).

VerDate Sep 11 2014 02:27 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00091 Fmt 4624 Sfmt 6333 E:\RECORD18\DECEMBER\S13DE8.REC S13DE8 S7622 CONGRESSIONAL RECORD — SENATE December 13, 2018 Mr. MCCONNELL. I ask unanimous to reconsider be considered made and The PRESIDING OFFICER. Without consent that the committee-reported laid upon the table. objection, it is so ordered. substitute amendment be agreed to; The PRESIDING OFFICER. Without The bill (H.R. 6160) was ordered to a that the bill, as amended, be considered objection, it is so ordered. third reading, was read the third time, read a third time and passed; and that The bill (H.R. 4431) was ordered to a and passed. the motions to reconsider be consid- third reading, was read the third time, and passed. ered made and laid upon the table. f The PRESIDING OFFICER. Without f objection, it is so ordered. The committee-reported substitute AMENDING TITLE 5, UNITED PREVENTING MATERNAL DEATHS amendment was agreed to. STATES CODE, TO CLARIFY THE ACT OF 2017 SOURCES OF THE AUTHORITY TO The bill (S. 645), as amended, was or- ISSUE REGLUATIONS REGARD- Mr. MCCONNELL. Mr. President, I dered to be engrossed for a third read- ING CERTIFICATIONS AND ask unanimous consent that the Sen- ing, was read the third time, and OTHER CRITERIA APPLICABLE ate proceed to the immediate consider- passed. TO LEGISLATIVE BRANCH EM- ation of H.R. 1318, the Preventing Ma- f PLOYEES UNDER WOUNDED ternal Deaths Act, which was received from the House. CORRECTING MISCALCULATIONS WARRIORS FEDERAL LEAVE ACT The PRESIDING OFFICER. The IN VETERANS’ PENSIONS ACT Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Com- clerk will report the bill by title. Mr. MCCONNELL. Mr. President, I The senior assistant legislative clerk ask unanimous consent that the Com- mittee on Homeland Security and Gov- read as follows: mittee on Homeland Security and Gov- ernmental Affairs be discharged from further consideration of H.R. 6160 and ernmental Affairs be discharged from A bill (H.R. 1318) to support States in their Senate proceed to its immediate con- further consideration of H.R. 4431 and work to save and sustain the health of moth- sideration. ers during pregnancy, childbirth, and in the the Senate proceed to its immediate The PRESIDING OFFICER. The postpartum period, to eliminate disparities consideration. clerk will report the bill by title. in maternal health outcomes for pregnancy- The PRESIDING OFFICER. Without The senior assistant legislative clerk related and pregnancy-associated deaths, to objection, it is so ordered. read as follows: identify solutions to improve health care The clerk will report the bill by title. quality and health outcomes for mothers, A bill (H.R. 6160) to amend title 5, United and for other purposes. The senior assistant legislative clerk States Code, to clarify the sources of the au- read as follows: thority to issue regulations regarding cer- There being no objection, the Senate A bill (H.R. 4431) to amend title 5, United tifications and other criteria applicable to proceeded to consider the bill. States Code, to provide for interest pay- legislative branch employees under Wounded Mr. MCCONNELL. Mr. President, I ments by agencies in the case of administra- Warriors Federal Leave Act. ask unanimous consent that the bill be tive error in processing certain annuity de- There being no objection, the com- considered read a third time and passed posits for prior military service or certain mittee was discharged, and the Senate and the motion to reconsider be consid- volunteer service, and for other purposes. proceeded to consider the bill. ered made and laid upon the table. There being no objection, the com- Mr. MCCONNELL. I ask unanimous mittee was discharged and the Senate consent that the bill be considered read The PRESIDING OFFICER. Without proceeded to consider the bill. a third time and passed and the motion objection, it is so ordered. Mr. MCCONNELL. I ask unanimous to reconsider be considered made and The bill (H.R. 1318) was ordered to a consent that the bill be considered read laid upon the table with no intervening third reading, was read the third time, a third time and passed and the motion action or debate. and passed.

VerDate Sep 11 2014 02:27 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\RECORD18\DECEMBER\S13DE8.REC S13DE8 December 13, 2018 CONGRESSIONAL RECORD — SENATE S7623 CODIFYING USEFUL REGULATORY subparagraph (2) or any future standards NATIONAL LAW ENFORCEMENT DEFINITIONS ACT adopted by the Secretary in accordance with MUSEUM COMMEMORATIVE COIN subparagraph (2)(I). Mr. MCCONNELL. Mr. President, I ACT ‘‘(2) Such term does not include— Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Com- ‘‘(A) pasteurized process cheeses as defined mittee on Health, Education, Labor, in section 133.169, 133.170, or 133.171 of title 21, ask unanimous consent that the Com- and Pensions be discharged and that Code of Federal Regulations (or any suc- mittee on Banking, Housing, and the Senate proceed to the immediate cessor regulations); Urban Affairs be discharged from fur- consideration of S. 2322. ‘‘(B) pasteurized process cheese foods as de- ther consideration of S. 2863 and that The PRESIDING OFFICER. The fined in section 133.173 or 133.174 of title 21, the Senate proceed to its immediate clerk will report the bill by title. Code of Federal Regulations (or any suc- consideration. The senior assistant legislative clerk cessor regulations); The PRESIDING OFFICER. The read as follows: ‘‘(C) pasteurized cheese spreads as defined clerk will report the bill by title. in section 133.175, 133.176, or 133.178 of title 21, A bill (S. 2322) to amend the Federal Food, The senior assistant legislative clerk Code of Federal Regulations (or any suc- read as follows: Drug, and Cosmetic Act to define the term cessor regulations); A bill (S. 2863) to require the Secretary of natural cheese. ‘‘(D) pasteurized process cheese spreads as the Treasury to mint a coin in commemora- There being no objection, the com- defined in section 133.179 or 133.180 of title 21, tion of the opening of the National Law En- Code of Federal Regulations (or any suc- mittee was discharged, and the Senate forcement Museum in the District of Colum- proceeded to consider the bill. cessor regulations); bia, and for other purposes. ‘‘(E) pasteurized blended cheeses as defined Mr. MCCONNELL. I ask unanimous There being no objection, the com- consent that the Johnson amendment in section 133.167 or 133.168 of title 21, Code of Federal Regulations (or any successor regu- mittee was discharged, and the Senate at the desk be agreed to and that the lations); proceeded to consider the bill. bill, as amended, be considered read a ‘‘(F) any products comparable to any prod- Mr. MCCONNELL. I ask unanimous third time. uct described in any of clauses (A) through consent that the bill be considered read The PRESIDING OFFICER. Without (E); or a third time. objection, it is so ordered. ‘‘(G) cold pack cheeses as defined in sec- The PRESIDING OFFICER. Without The amendment (No. 4113) was agreed tion 133.123, 133.124, or 133.125 title 21, Code of objection, it is so ordered. to as follows: Federal Regulations (or any successor regu- The bill was ordered to be engrossed (Purpose: In the nature of a substitute) lations) for a third reading and was read the ‘‘(H) grated American cheese food as de- third time. Strike all after the enacting clause and in- fined in section 133.147 of title 21, Code of Mr. MCCONNELL. I know of no fur- sert the following: Federal Regulations (or any successor regu- SECTION 1. SHORT TITLE. lations); or ther debate on the bill. This Act may be cited as the ‘‘Codifying ‘‘(I) any other product the Secretary may The PRESIDING OFFICER. Is there Useful Regulatory Definitions Act’’ or the designate as a process cheese. further debate? ‘‘CURD Act’’. If there is no further debate, the bill ‘‘(3) For purposes of this paragraph, the SEC. 2. FINDINGS. term ‘milk’ has the meaning given such term having been read the third time, the Congress finds as follows: in section 133.3 of title 21, Code of Federal question is, Shall the bill pass? (1) There is a need to define the term ‘‘nat- Regulations (or any successor regulations) The bill (S. 2863) was passed, as fol- ural cheese’’ in order to maintain trans- and includes the lacteal secretions from ani- lows: parency and consistency for consumers so mals other than cows.’’. S. 2863 that they may differentiate ‘‘natural cheese’’ (b) LABELING.—Section 403 of the Federal Be it enacted by the Senate and House of Rep- from ‘‘process cheese’’. Food Drug and Cosmetic Act (21 U.S.C. 343) resentatives of the United States of America in (2) The term ‘‘natural cheese’’ has been is amended by adding at the end the fol- Congress assembled, used within the cheese making industry for lowing: SECTION 1. SHORT TITLE. more than 50 years and is well-established. This Act may be cited as the ‘‘National SEC. 3. DEFINITION OF NATURAL CHEESE. ‘‘(z) If its label or labeling includes the term ‘natural cheese’ as a factual descriptor Law Enforcement Museum Commemorative (a) DEFINITION.—Section 201 of the Federal of a category of cheese unless the food meets Coin Act’’. Food, Drug, and Cosmetic Act (21 U.S.C. 321) SEC. 2. FINDINGS. is amended by adding at the end the fol- the definition of natural cheese under sec- tion 201(ss), except that nothing in this para- The Congress finds the following: lowing: (1) In 2000, Congress passed and President ‘‘(ss)(1) The term ‘natural cheese’ means graph shall prohibit the use of the term ‘nat- ural’ or ‘all-natural’, or a similar claim or William J. Clinton signed into law the Na- cheese that is a ripened or unripened soft, tional Law Enforcement Museum Act (Pub- semi-soft, or hard product, which may be statement with respect to a food in a manner that is consistent with regulations, guid- lic Law 106–492), which authorized the Na- coated, that is produced— tional Law Enforcement Officers Memorial ‘‘(A) by— ance, or policy statements issued by the Sec- retary.’’. Fund, Inc. to build the National Law En- ‘‘(i) coagulating wholly or partly the pro- forcement Museum on Federal land in the tein of milk, skimmed milk, partly skimmed (c) NATIONAL UNIFORMITY.—Section District of Columbia to honor and com- milk, cream, whey cream, or buttermilk, or 403A(a)(2) of the Federal Food, Drug, and memorate the service and sacrifice of law en- any combination of such ingredients, Cosmetic Act (21 U.S.C. 343–1(a)(2)) is amend- forcement officers in the United States. through the action of rennet or other suit- ed by striking ‘‘or 403(w)’’ and inserting (2) In April 2016, construction began on the able coagulating agents, and by partially ‘‘403(w), or 403(z)’’. National Law Enforcement Museum in the draining the whey resulting from the coagu- The bill was ordered to be engrossed District of Columbia across the street from lation, while respecting the principle that for a third reading and was read the the National Law Enforcement Officers Me- cheese-making results in a concentration of morial in Judiciary Square. milk protein (in particular, the casein por- third time. (3) The National Law Enforcement Mu- tion), and that consequently, the protein Mr. MCCONNELL. Mr. President, I seum will formally open in September of content of the cheese will be distinctly high- know of no further debate on the bill, 2018. er than the protein level of the blend of the as amended. (4) The National Law Enforcement Muse- above milk materials from which the cheese um’s mission is— was made; or The PRESIDING OFFICER. Is there (A) to honor and commemorate the ex- ‘‘(ii) processing techniques involving co- further debate on the bill? traordinary service and sacrifice of Amer- agulation of the protein of milk or products Hearing none, the bill having been ica’s law enforcement officers; obtained from milk to produce an end-prod- read the third time, the question is, (B) to serve as an important bridge be- uct with similar physical, chemical, and Shall the bill pass? tween law enforcement’s past and present, organoleptic characteristics as the product between the heroes of yesteryear and those described in subclause (i); and The bill (S. 2322), as amended, was who have followed in their footsteps, and be- ‘‘(iii) including the addition of safe and passed. tween America’s peace officers and the pub- suitable non-milk derived ingredients of the Mr. MCCONNELL. Mr. President, I lic they serve; and type permitted in the standards of identity ask unanimous consent that the mo- (C) increase public understanding and sup- described in clause (B) as natural cheese; or tion to reconsider be considered made port for law enforcement and to promote law enforcement safety. ‘‘(B) in accordance with standards of iden- and laid upon the table. tity under part 133 of title 21, Code of Fed- SEC. 3. COIN SPECIFICATIONS. eral Regulations (or any successor regula- The PRESIDING OFFICER. Without (a) DENOMINATIONS.—The Secretary of the tions), other than the standards described in objection, it is so ordered. Treasury (hereafter in this Act referred to as

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\G13DE6.073 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7624 CONGRESSIONAL RECORD — SENATE December 13, 2018 the ‘‘Secretary’’) shall mint and issue the (1) $35 per coin for the $5 coin; SEC. 2. COOPERATION WITH DEPARTMENT OF following coins: (2) $10 per coin for the $1 coin; and HOMELAND SECURITY. (1) $5 GOLD COINS.—Not more than 50,000 $5 (3) $5 per coin for the half-dollar coin. Subtitle A of title III of the PROTECT Act coins, which shall— (b) DISTRIBUTION.—Subject to section (34 U.S.C. 20501 et seq.) is amended— (A) weigh 8.359 grams; 5134(f)(1) of title 31, United States Code, all (1) in section 301— (B) have a diameter of 0.850 inches; and surcharges received by the Secretary from (A) in subsection (b)— (C) contain not less than 90 percent gold. the sale of coins issued under this Act shall (i) in paragraph (1), by inserting after (2) $1 SILVER COINS.—Not more than 400,000 be promptly paid by the Secretary to the Na- ‘‘gaps in areas of interstate travel’’ the fol- $1 coins, which shall— tional Law Enforcement Officers Memorial lowing: ‘‘(including airports, maritime ports, (A) weigh 26.73 grams; Fund, Inc., for educational and outreach pro- border crossing areas and checkpoints, and (B) have a diameter of 1.500 inches; and grams and exhibits. ports of exit from the United States)’’; and (C) contain not less than 90 percent silver. (c) AUDITS.—The National Law Enforce- (ii) in paragraphs (2) and (3), by inserting (3) HALF-DOLLAR CLAD COINS.—Not more ment Officers Memorial Fund, Inc., shall be ‘‘, territories of the United States, and tribal than 750,000 half-dollar coins which shall— subject to the audit requirements of section governments’’ after ‘‘States’’; and (A) weigh 11.34 grams; 5134(f)(2) of title 31, United States Code, with (B) in subsection (d), by inserting after (B) have a diameter of 1.205 inches; and regard to the amounts received under sub- ‘‘Secretary of Transportation’’ the following: (C) be minted to the specifications for half- section (b). ‘‘, the Secretary of Homeland Security,’’; IMITATION.—Notwithstanding sub- dollar coins contained in section 5112(b) of (d) L and section (a), no surcharge may be included title 31, United States Code. (2) in section 302— with respect to the issuance under this Act (b) LEGAL TENDER.—The coins minted (A) in subsection (b), in paragraphs (2), (3), under this Act shall be legal tender, as pro- of any coin during a calendar year if, as of and (4) by inserting ‘‘, territorial, tribal,’’ the time of such issuance, the issuance of vided in section 5103 of title 31, United States after ‘‘State’’; and such coin would result in the number of com- Code. (B) in subsection (c)— memorative coin programs issued during (c) NUMISMATIC ITEMS.—For purposes of (i) in paragraph (1), by inserting after such year to exceed the annual 2 commemo- section 5134 of title 31, United States Code, ‘‘Secretary of Transportation’’ the following: rative coin program issuance limitation all coins minted under this Act shall be con- ‘‘, the Secretary of Homeland Security,’’; under section 5112(m)(1) of title 31, United sidered to be numismatic items. and States Code (as in effect on the date of the SEC. 4. DESIGN OF COINS. (ii) in paragraph (2), by inserting ‘‘, terri- enactment of this Act). The Secretary of the (a) DESIGN REQUIREMENTS.— torial, tribal,’’ after ‘‘State’’. (1) IN GENERAL.—The design of the coins Treasury may issue guidance to carry out this subsection. SEC. 3. AMBER ALERTS ALONG MAJOR TRANS- minted under this Act shall be emblematic PORTATION ROUTES. of the National Law Enforcement Museum Mr. MCCONNELL. I ask unanimous (a) IN GENERAL.—Section 303 of the PRO- and the service and sacrifice of law enforce- consent that the motion to reconsider TECT Act (34 U.S.C. 20503) is amended— ment officers throughout the history of the be considered made and laid upon the (1) in the section heading, by inserting United States. table. after ‘‘ALONG HIGHWAYS’’ the following: ‘‘AND (2) DESIGNATION AND INSCRIPTIONS.—On The PRESIDING OFFICER. Without MAJOR TRANSPORTATION ROUTES’’; each coin minted under this Act there shall objection, it is so ordered. (2) in subsection (a)— be— f (A) by inserting after ‘‘Secretary of Trans- (A) a designation of the value of the coin; portation’’ the following: ‘‘(referred to in (B) an inscription of the year ‘‘2021’’; and AMBER ALERT NATIONWIDE ACT this section as the ‘Secretary’)’’; and (C) inscriptions of the words ‘‘Liberty’’, OF 2018 (B) by inserting after ‘‘along highways’’ ‘‘In God We Trust’’, ‘‘United States of Amer- Mr. MCCONNELL. Mr. President, I the following: ‘‘and at airports, maritime ica’’, and ‘‘E Pluribus Unum’’. ports, border crossing areas and checkpoints, (b) SELECTION.—The design for the coins ask unanimous consent that the Com- and ports of exit from the United States’’; minted under this Act shall be— mittee on the Judiciary be discharged (3) in subsection (b)— (1) selected by the Secretary after con- from further consideration of S. 3461 (A) in paragraph (1)— sultation with the Commission of Fine Arts and that the Senate proceed to its im- (i) by striking ‘‘other motorist information and the National Law Enforcement Officers mediate consideration. systems to notify motorists’’ and inserting Memorial Fund, Inc.; and The PRESIDING OFFICER. The ‘‘other information systems to notify motor- (2) reviewed by the Citizens Coinage Advi- ists, aircraft passengers, ship passengers, and sory Committee. clerk will report the bill by title. The senior assistant legislative clerk travelers’’; and SEC. 5. ISSUANCE OF COINS. (ii) by inserting after ‘‘necessary to notify (a) QUALITY OF COINS.—Coins minted under read as follows: motorists’’ the following: ‘‘, aircraft pas- this Act shall be issued in uncirculated and A bill (S. 3461) to amend the PROTECT Act sengers, ship passengers, and travelers’’; proof qualities. to expand the national AMBER Alert system (B) in paragraph (2)— (b) MINT FACILITIES.—Only 1 facility of the to territories of the United States, and for United States Mint may be used to strike other purposes. (i) in subparagraph (A), by striking ‘‘other motorist information systems to notify mo- any particular quality of the coins minted There being no objection, the com- under this Act. torists’’ and inserting ‘‘other information mittee was discharged, and the Senate systems to notify motorists, aircraft pas- (c) PERIOD FOR ISSUANCE.—The Secretary proceeded to consider the bill. may issue coins minted under this Act only sengers, ship passengers, and travelers’’; during the 1-year period beginning on Janu- Mr. MCCONNELL. I further ask (ii) in subparagraph (D), by inserting after ary 1, 2021. unanimous consent that the amend- ‘‘support the notification of motorists’’ the SEC. 6. SALE OF COINS. ment at the desk be agreed to; that the following: ‘‘, aircraft passengers, ship pas- (a) SALE PRICE.—The coins issued under bill, as amended, be considered read a sengers, and travelers’’; this Act shall be sold by the Secretary at a third time and passed; and that the (iii) in subparagraph (E), by inserting after price equal to the sum of— motion to reconsider be considered ‘‘motorists’’, each place it appears, the fol- (1) the face value of the coins; made and laid upon the table. lowing: ‘‘, aircraft passengers, ship pas- (2) the surcharge provided in section 7(a) The PRESIDING OFFICER. Without sengers, and travelers’’; (iv) in subparagraph (F), by inserting after with respect to such coins; and objection, it is so ordered. (3) the cost of designing and issuing the ‘‘motorists’’ the following: ‘‘, aircraft pas- The amendment (No. 4111) was agreed sengers, ship passengers, and travelers’’; and coins (including labor, materials, dies, use of to, as follows: machinery, overhead expenses, marketing, (v) in subparagraph (G), by inserting after and shipping). (Purpose: To strike the funding provision) ‘‘motorists’’ the following: ‘‘, aircraft pas- (b) BULK SALES.—The Secretary shall On page 9, strike line 22 and all that fol- sengers, ship passengers, and travelers’’; make bulk sales of the coins issued under lows through page 10, line 16. (4) in subsection (c), by striking ‘‘other this Act at a reasonable discount. The bill (S. 3461), as amended, was or- motorist information systems to notify mo- (c) PREPAID ORDERS.— dered to be engrossed for a third read- torists’’, each place it appears, and inserting (1) IN GENERAL.—The Secretary shall ac- ‘‘other information systems to notify motor- cept prepaid orders for the coins minted ing, was read the third time, and ists, aircraft passengers, ship passengers, and under this Act before the issuance of such passed, as follows: travelers’’; coins. S. 3461 (5) by amending subsection (d) to read as (2) DISCOUNT.—Sale prices with respect to Be it enacted by the Senate and House of Rep- follows: prepaid orders under paragraph (1) shall be resentatives of the United States of America in ‘‘(d) FEDERAL SHARE.— at a reasonable discount. Congress assembled, ‘‘(1) IN GENERAL.—Except as provided in SEC. 7. SURCHARGES. SECTION 1. SHORT TITLE. paragraph (2), the Federal share of the cost (a) IN GENERAL.—All sales of coins issued This Act may be cited as the ‘‘AMBER of any activities funded by a grant under under this Act shall include a surcharge of— Alert Nationwide Act of 2018’’. this section may not exceed 80 percent.

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.033 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 13, 2018 CONGRESSIONAL RECORD — SENATE S7625 ‘‘(2) WAIVER.—If the Secretary determines (c) PUBLIC AVAILABILITY.—The Comptroller The PRESIDING OFFICER. The that American Samoa, Guam, the Northern General shall make the report required clerk will report the resolution by Mariana Islands, Puerto Rico, or the Virgin under subsection (b) available on a public title. Islands of the United States is unable to Government website. The senior assistant legislative clerk (d) OBTAINING OFFICIAL DATA.— comply with the requirement under para- read as follows: graph (1), the Secretary shall waive such re- (1) IN GENERAL.—The Comptroller General quirement.’’; may secure information necessary to con- A resolution (S. Res. 731) designating De- (6) in subsection (g)— duct the study under subsection (a) directly cember 10, 2018, as ‘‘Human Rights Day’’ and recognizing the 70th anniversary of the Uni- (A) by striking ‘‘In this section’’ and in- from any Federal agency and from any terri- versal Declaration of Human Rights. serting ‘‘In this subtitle’’; and torial government receiving grant funding (B) by striking ‘‘or Puerto Rico’’ and in- under the PROTECT Act. Upon request of There being no objection, the Senate serting ‘‘American Samoa, Guam, Puerto the Comptroller General, the head of a Fed- proceeded to consider the resolution. Rico, the Northern Mariana Islands, the Vir- eral agency or territorial government shall Mr. MCCONNELL. I further ask that gin Islands of the United States, and any furnish the requested information to the the resolution be agreed to, the pre- other territory of the United States’’; and Comptroller General. amble be agreed to, and the motions to (7) in subsection (h), by striking ‘‘fiscal (2) AGENCY RECORDS.—Notwithstanding reconsider be considered made and laid year 2004’’ and inserting ‘‘each of fiscal years paragraph (1), nothing in this subsection upon the table with no intervening ac- 2018 through 2022’’. shall require a Federal agency or any terri- tion or debate. torial government to produce records subject (b) TECHNICAL AND CONFORMING AMEND- The PRESIDING OFFICER. Without MENT.—The table of contents in section 1(b) to a common law evidentiary privilege. of the PROTECT Act (Public Law 108–21) is Records and information shared with the objection, it is so ordered. amended by striking the item relating to Comptroller General shall continue to be The resolution (S. Res. 731) was section 303 and inserting the following: subject to withholding under sections 552 and agreed to. The preamble was agreed to. ‘‘Sec. 303. Grant program for notification 552a of title 5, United States Code. The and communications systems Comptroller General is obligated to give the (The resolution, with its preamble, is along highways and major information the same level of confidentiality printed in today’s RECORD under ‘‘Sub- transportation routes for recov- and protection required of the Federal agen- mitted Resolutions.’’) ery of abducted children.’’. cy or territorial government. The Comp- f troller General may be requested to sign a SEC. 4. AMBER ALERT COMMUNICATION PLANS IN THE TERRITORIES. nondisclosure or other agreement as a condi- NATIONAL QUANTUM INITIATIVE Section 304 of the PROTECT Act (34 U.S.C. tion of gaining access to sensitive or propri- ACT 20504) is amended— etary data to which the Comptroller General Mr. MCCONNELL. Mr. President, I (1) in subsection (b)(4), by inserting after is entitled. ask unanimous consent that the Com- (3) PRIVACY OF PERSONAL INFORMATION.— ‘‘with’’ the following: ‘‘a territorial govern- mittee on Commerce, Science, and ment or’’; The Comptroller General, and any Federal agency and any territorial government that Transportation be discharged from fur- (2) by amending subsection (c) to read as ther consideration of H.R. 6227 and the follows: provides information to the Comptroller Senate proceed to its immediate con- ‘‘(c) FEDERAL SHARE.— General, shall take such actions as are nec- ‘‘(1) IN GENERAL.—Except as provided in essary to ensure the protection of the per- sideration. paragraph (2), the Federal share of the cost sonal information of a minor. The PRESIDING OFFICER. The of any activities funded by a grant under f clerk will report the bill by title. this section may not exceed 50 percent. The senior assistant legislative clerk HONORING THE LIFE AND LEGACY ‘‘(2) WAIVER.—If the Attorney General de- read as follows: termines that American Samoa, Guam, the OF REBECCA TERESA WEICHHAND A bill (H.R. 6227) to provide for a coordi- Northern Mariana Islands, Puerto Rico, the Mr. MCCONNELL. Mr. President, I nated Federal program to accelerate quan- Virgin Islands of the United States, or an In- ask unanimous consent that the Com- tum research and development for the eco- dian tribe is unable to comply with the re- mittee on the Judiciary be discharged nomic and national security of the United quirement under paragraph (1), the Attorney from further consideration of S. Res. States. General shall waive such requirement.’’; and There being no objection, the com- (3) in subsection (d), by inserting before 717 and that the Senate proceed to its immediate consideration. mittee was discharged, and the Senate the period at the end the following: ‘‘, in- proceeded to consider the bill. cluding territories of the United States’’. The PRESIDING OFFICER. The clerk will report the resolution by Mr. MCCONNELL. I ask unanimous SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE consent that the Thune substitute REPORT. title. (a) IN GENERAL.—Not later than 5 years The senior assistant legislative clerk amendment at the desk be considered after the date of the enactment of this Act, read as follows: and agreed to; that the bill, as amend- the Comptroller General shall conduct a A resolution (S. Res. 717) honoring the life ed, be considered read a third time and study assessing— and legacy of Rebecca Teresa Weichhand. passed; and that the motion to recon- (1) the implementation of the amendments There being no objection, the com- sider be considered made and laid upon made by this Act; the table. mittee was discharged, and the Senate (2) any challenges related to integrating The PRESIDING OFFICER. Without the territories of the United States into the proceeded to consider the resolution. objection, it is so ordered. AMBER Alert system; Mr. MCCONNELL. I further ask The amendment (No. 4114) in the na- (3) the readiness, educational, techno- unanimous consent that the resolution ture of a substitute was agreed to as logical, and training needs of territorial law be agreed to; that the preamble be follows: enforcement agencies in responding to cases agreed to; and that the motions to re- (Purpose: In the nature of a sub- involving missing, abducted, or exploited consider be considered made and laid stitute.) children; and upon the table with no intervening ac- (4) any other related matters the Attorney (The amendment is printed in today’s General or the Secretary of Transportation tion or debate. RECORD under ‘‘Text of Amendments.’’) determines appropriate. The PRESIDING OFFICER. Without The amendment was ordered to be (b) REPORT REQUIRED.—The Comptroller objection, it is so ordered. engrossed and the bill to be read a General shall submit a report on the findings The resolution (S. Res. 717) was third time. of the study required under subsection (a) agreed to. The bill was read the third time. to— The preamble was agreed to. The bill (H.R. 6227), as amended, was (1) the Committees on the Judiciary of the (The resolution, with its preamble, is passed. Senate and the House of Representatives; printed in the RECORD of December 6, f (2) the Committee on Environment and 2018, under ‘‘Submitted Resolutions.’’) Public Works of the Senate; ORDER FOR PRINTING OF SENATE f (3) the Committee on Transportation and DOCUMENTS Infrastructure of the House of Representa- HUMAN RIGHTS DAY Mr. MCCONNELL. Mr. President, I tives; and Mr. MCCONNELL. Mr. President, I (4) each of the delegates or resident com- ask unanimous consent that there be missioner to the House of Representatives ask unanimous consent that the Sen- printed as a Senate document a com- from American Samoa, Guam, the Northern ate proceed to the immediate consider- pilation of materials from the CON- Mariana Islands, Puerto Rico, and the Virgin ation of S. Res. 731, submitted earlier GRESSIONAL RECORD in tribute to retir- Islands of the United States. today. ing Members of the 115th Congress, and

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A13DE6.036 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7626 CONGRESSIONAL RECORD — SENATE December 13, 2018 that Members have until Friday, De- ORDERS FOR MONDAY, DECEMBER ADJOURNMENT UNTIL MONDAY, cember 21, to submit such tributes. 17, 2018 DECEMBER 17, 2018 The PRESIDING OFFICER. Without Mr. MCCONNELL. I ask unanimous Mr. MCCONNELL. Mr. President, if objection, it is so ordered. consent that when the Senate com- there is no further business to come be- pletes its business today, it adjourn fore the Senate, I ask unanimous con- f until 3 p.m., Monday, December 17; fur- sent that it stand adjourned under the ther, that following the prayer and previous order. APPOINTMENTS pledge, the morning hour be deemed There being no objection, the Senate, expired, the Journal of proceedings be at 6:59 p.m., adjourned until Monday, The PRESIDING OFFICER. The approved to date, the time for the two December 17, 2018, at 3 p.m. Chair, on behalf of the Democratic leaders be reserved for their use later Leader, in consultation with the Rank- in the day, and morning business f ing Member of the Senate Committee closed; further, that following leader NOMINATIONS on Armed Services, pursuant to Public remarks, the Senate resume consider- Law 115–232, appoints the following in- ation of the House message to accom- Executive nominations received by dividual to serve as a member of the pany S. 756 and that notwithstanding the Senate: Cyberspace Solarium Commission: Su- the provisions of rule XXII, the filing RAILROAD RETIREMENT BOARD deadline for first-degree amendments zanne Spaulding of Virginia. JOHNATHAN BRAGG, OF VIRGINIA, TO BE A MEMBER OF to the House message to accompany S. THE RAILROAD RETIREMENT BOARD FOR A TERM EXPIR- The Chair, pursuant to Public Law 756 be at 3:15 p.m. on Monday; finally, ING AUGUST 28, 2019, VICE WALTER A. BARROWS, TERM EXPIRED. 115–254, on behalf of the Democratic that the cloture motion filed during to- JOHNATHAN BRAGG, OF VIRGINIA, TO BE A MEMBER OF Leader of the Senate, appoints the fol- day’s session ripen at 5:30 p.m. on Mon- THE RAILROAD RETIREMENT BOARD FOR A TERM EXPIR- ING AUGUST 28, 2024. (REAPPOINTMENT) lowing individual as a member of the day. THOMAS JAYNE, OF MISSOURI, TO BE A MEMBER OF Syria Study Group: Dana L. Stroul, of The PRESIDING OFFICER. Without THE RAILROAD RETIREMENT BOARD FOR A TERM EXPIR- ING AUGUST 28, 2023, VICE STEVEN JOEL ANTHONY, TERM Maryland. objection, it is so ordered. EXPIRED.

VerDate Sep 11 2014 05:08 Dec 14, 2018 Jkt 089060 PO 00000 Frm 00096 Fmt 4624 Sfmt 9801 E:\CR\FM\G13DE6.079 S13DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE