E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 117 CONGRESS, FIRST SESSION

Vol. 167 WASHINGTON, FRIDAY, JANUARY 22, 2021 No. 13 House of Representatives The House was not in session today. Its next meeting will be held on Monday, January 25, 2021, at 1:30 p.m. Senate FRIDAY, JANUARY 22, 2021

The Senate met at 10 a.m. and was NATIONAL GUARD We owe an enormous debt of grati- called to order by the President pro Mr. SCHUMER. Mr. President, now, tude to the men and women who tempore (Mr. LEAHY). it came to our attention last night worked to keep us safe on January 6 and the days since. A situation like f that members of the National Guard, after standing on duty to protect the last night will never happen again. PRAYER Capitol for Inauguration Day, keeping f The Chaplain, Dr. Barry C. Black, of- us safe, were sleeping in parking ga- BUSINESS BEFORE THE SENATE fered the following prayer: rages and cramped quarters without Mr. SCHUMER. Now, I have spoken Let us pray. proper space or ventilation. It was ut- about the Senate’s agenda for the next Sovereign King, our hope for years to terly unacceptable. several weeks. We have three essential come, deliver us from the sin of run- I have told those who run the secu- items on our plate: one, the confirma- ning from the truth. Remind us often rity of the Capitol that it can never tion of President Biden’s Cabinet and that truth brings freedom. happen again, and I pledge to every Na- other key officials; two, legislation to Thank You that You are our helper, tional Guard member that it will not provide desperately needed COVID re- sustaining our lives and keeping us happen again. lief; three, a second impeachment trial strong. You guide us through the wil- The minute I heard about this out- of Donald Trump. The Senate must and derness and protect us through life’s rage last night, we made sure it was will do all three—COVID relief, con- storms. fixed immediately. Every member of firmation of nominees, and an im- Lord, inspire our lawmakers to place the Guard was found proper accom- peachment trial. themselves into Your hands, permit- modations inside, and, as of this morn- Now, the first order of business is to ting You to fulfill Your purposes ing, everyone was accounted for and fulfill our constitutional duty to advise through their faithful toil. Fill them taken care of. and consent on the President’s appoint- with reverential awe and give them a This morning I went over to the CVC ments to his Cabinet. This morning the sanctified audacity, even when facing and I spoke to a number of Guardsmen Senate will vote to confirm President trials and setbacks. personally to make sure they were OK. Biden’s nominee for Secretary of De- We pray in Your loving Name. Amen. I want to thank Senators HASSAN, fense, Lloyd Austin. Mr. Austin will be DUCKWORTH, KELLY, and HEINRICH for the first African American to ever f their work on this matter last night, as helm the Defense Department in its ´ PLEDGE OF ALLEGIANCE well as Senator LUJAN, who went history—a powerful symbol of the di- around late at night to make sure versity and history of America’s Armed The President pro tempore led the things were OK, as well. And I want to Forces. Pledge of Allegiance, as follows: thank all the Members who were con- Mr. Austin has a storied career in the I pledge allegiance to the Flag of the cerned and lent a hand. Army, but those days are behind him. United States of America, and to the Repub- I also want to particularly thank As Secretary of Defense, he has prom- lic for which it stands, one nation under God, Acting Sergeant at Arms Jennifer indivisible, with liberty and justice for all. ised to empower and lift up his civilian Hemingway, who, when we told her staff, and I believe he will be an out- f about this situation, patrolled the standing Secretary of Defense for ev- floors of the Capitol Complex until eryone at the Pentagon—servicemem- RECOGNITION OF THE MAJORITY past 3 a.m. to ensure that no one was bers and civilian employees alike. LEADER left behind or not where they belonged. The Secretary of Defense, of course, The PRESIDENT pro tempore. The And she was back at her desk first has a hugely important task ahead of majority leader is recognized. thing today to follow up. him. He must once again demonstrate

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

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VerDate Sep 11 2014 00:56 Jan 23, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A22JA6.000 S22JAPT1 SSpencer on DSK126QN23PROD with SENATE S96 CONGRESSIONAL RECORD — SENATE January 22, 2021 to the world that the U.S. military will We have offered to abide by the same since that time. In the meantime, we always support our friends, deter our agreement the last time there was a 50– need to make darn sure that we look adversaries, and, if necessary, defeat 50 Senate. What is fair is fair. That is after the men and women who look them. precedent. We could organize the Sen- after us. Lloyd Austin is the right person for ate today if both sides agreed to abide f the job. He has the experience, the vi- by the same rules as last time. sion, and the competence to run the The Republican leader, however, has FILIBUSTER largest agency in our government. I made an extraneous demand that Mr. MCCONNELL. Now, Mr. Presi- look forward to confirming his nomina- would place additional constraints on dent, on a totally different matter, tion shortly. the majority—constraints that have while business proceeds on the floor, Afterward, the Senate must continue never been in place before. In fact, his the Democratic leader and I are con- to install President Biden’s team by proposal would remove a tool that the tinuing to flesh out the structure of confirming Secretaries of State, Home- Republican leader himself used twice this 50–50 Senate. land Security, and Treasury. We need in just the last Congress to accelerate When Leaders Lott and Daschle Republican cooperation to confirm the confirmation of Republican nomi- wrote a similar agreement 20 years these nominees, but we expect that co- nees. ago, there wasn’t a need at all to reaf- operation to continue. The continuity Leader MCCONNELL’s proposal is un- firm the basic standing rules that gov- of our national security, military, and acceptable, and it won’t be accepted. ern legislation here in the Senate. It intelligence policy, as well as our abil- And the Republican leader knew that was safely assumed that no majority ity to effectively respond to the cur- when he first proposed it. would break this rule for short-term rent health and economic crises, de- Only 2 days ago, we celebrated the in- gain. pend on having these Cabinet officials auguration of a new President and the Floor remarks surrounding those 2001 confirmed. turning over of a new leaf. The Amer- discussions specifically cite the legisla- Now, as I mentioned, the Senate will ican people want us to work together tive filibuster as an important and un- also conduct a second impeachment and move past the meaningless polit- questioned part of the backdrop that trial for Donald Trump. I have been ical fights and gridlock that have lay beneath the negotiations on the speaking to the Republican leader plagued us for too long. finer details. It was assumed no one about the timing and duration of the It is time to get to work. A first step would ever take that step. trial, but—make no mistake—a trial is for the Republican caucus to agree After the fact, Leader Daschle, the will be held in the U.S. Senate, and to follow the same precedent that gov- Democrat, praised the legislative fili- there will be a vote on whether to con- erned the Senate the last time around. buster as a crucial rule. President vict the President. I yield the floor. Biden has praised this distinctive fea- I have spoken to Speaker PELOSI, f ture of the Senate on many occasions. who informed me that the article will Our current Democratic colleagues be delivered to the Senate on Monday. RECOGNITION OF THE MINORITY used it liberally—liberally—over the Now, I have heard some of my Repub- LEADER last several years when they were in lican colleagues argue that this trial The PRESIDING OFFICER (Mr. would be unconstitutional because the minority. More than two dozen MANCHIN). The Republican leader is Donald Trump is no longer in office— signed a bipartisan letter in 2017 saying an argument that has been roundly re- recognized. our Republican majority should not pudiated, debunked by hundreds of con- f break the rule by brute force. Let me say that again. Two dozen Democrats stitutional scholars—left, right, and NATIONAL GUARD center—and defies basic common sense. signed a bipartisan letter in 2017 saying Mr. MCCONNELL. Mr. President, yes- It makes no sense whatsoever that a our Republican majority should not terday evening, we learned that some President or any official could commit break this rule by brute force. I agreed. of the National Guard forces who were a heinous crime against our country I didn’t do it. President Trump was not helping protect the Capitol Complex and then be permitted to resign so as happy with that. He tweeted against were being made to rest in parking ga- to avoid accountability and a vote to me numerous times because I didn’t rages between their shifts. I don’t disbar them from future office. It put an end to the legislative filibuster. think a single Senator feels that was makes no sense. So the Democrats used it constantly, Regardless, the purveyors of this un- acceptable. I am glad the situation was as they had every right to. They were usual argument are trying to delay the resolved, and I hope we learn exactly happy to insist on a 60-vote threshold inevitable. The fact is, the House will what happened. for practically every major bill I took deliver the Article of Impeachment to In that regard, I want to thank all up. the Senate. The Senate will conduct a the National Guard, including more So we will continue to request that trial of the impeachment of Donald than 300 Kentucky Guardsmen, and our Democratic colleagues reaffirm Trump. It will be a full trial. It will be local and Federal law enforcement who this standing rule of the Senate, which a fair trial. But make no mistake, helped supplement our very own Cap- they have been happy to use on many there will be a trial, and when that itol Police in the wake of January 6. occasions, I can attest. If we are going trial ends, Senators will have to decide Your Congress and your country appre- to truly replicate the 2001 agreement, if they believe Donald John Trump in- ciate all you have done to secure the we need to reaffirm this crucial part of cited the insurrection against the Capitol and the inauguration. the foundation that lay beneath it. United States. Later today, I will have the honor of f Now, over the course of elections in meeting a number of my Kentuckians IMPEACHMENT November and January, the American who have been helping out here at the people chose to retire four Republican Capitol. It is going to be the highlight Mr. MCCONNELL. Mr. President, yes- Senators and elect a Democratic ma- of my day. terday I also shared a proposal for the jority to this Senate. The Senate must In the near future, Congress needs to pretrial steps in the Senate impeach- now take the basic step of passing an smartly transition toward a more sus- ment process that appears to be headed organizing resolution and setting up tainable security presence. Keeping the our way and, as I understand it, will be the rules for a Senate where there are Capitol safe cannot and will not re- headed our way on Monday. By Senate 50 Members of either party. quire huge numbers of uniformed rules, if the article arrives, we have to Luckily, we have a clear precedent troops and vast systems of emergency start a trial right then. for what to do in this situation. In 2001, fencing to remain in place forever. This impeachment began with an then-Majority Leader Lott and Minor- With the inauguration behind us, we unprecedentedly fast and minimal ity Leader Daschle came together and should find the right middle ground be- process over in the House. The sequel agreed on a set of rules to govern a 50– tween the unacceptable lapses 3 weeks cannot be an insufficient Senate proc- 50 Senate. We should follow that prece- ago and the extraordinary short-term ess that denies former President dent. measures that have been put in place Trump his due process or damages the

VerDate Sep 11 2014 00:56 Jan 23, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G22JA6.002 S22JAPT1 SSpencer on DSK126QN23PROD with SENATE January 22, 2021 CONGRESSIONAL RECORD — SENATE S97 Senate or the Presidency itself. Senate worry that military leaders’ appro- is enmeshed in the interests of our vast Republicans strongly believe we need a priate fixation on being nonpolitical defense contracting industry, an indus- full and fair process where the former may not prepare them for the job, to try whose bottom line depends on an President can mount a defense and the forcefully fight for our armed services expansive American military posture Senate can properly consider the fac- amid the political rough-and-tumble in and, with it, an ever-growing defense tual, legal, and constitutional ques- the executive branch and here in Con- budget. Going from firing the missiles tions at stake. gress. To put it another way, they are to selling the missiles is technically a For that reason, we suggest the taught from the beginning to stay out move into a civilian role, but nothing House transmit this article next Thurs- of politics entirely. But we do want a more. It is every bit as corrosive to the day, but that apparently is going to be Secretary of Defense who is willing to principle of civilian rule for the head of next Monday; that former President engage in the issue-based discussions the Pentagon to churn from the mili- Trump’s answer and the House’s pre- that we have related to the Depart- tary to the boardroom to the Pen- trial brief, I suggested, be due on Feb- ment. tagon, working with many of the same ruary 4; and that the former Presi- Nevertheless, I will vote today to people at every step along the way. dent’s pretrial brief be due, I suggested, confirm a clear patriot with an impres- General Austin retired from the on February 11. That timeline would sive career, but I will cast that vote Army in 2016, and he immediately have provided the Senate some more with the understanding that our new joined the board of United Tech- floor time before we step fully into the Secretary of Defense specifically com- nologies, which was acquired by unknown of a trial—which, by the way, mits to balancing civil-military rela- Raytheon. He was very well-com- would have been of substantial benefit tions, empowering civilian leaders at pensated for his work there, and is re- to the incoming administration and al- the Pentagon, and playing an active portedly due a buy-out of up to $1.7 lowed them to get more of their Cabi- role in the inherently political budget million when he leaves Raytheon and net confirmed, on which we are cooper- process to get our forces what they his other work and returns to the Pen- ating as best we can to expedite. need. Our intensifying competition tagon. All we are doing by confirming f with China, Russia, and all the other these types of nominees, no matter threats we face demand nothing less. their other qualifications, is tightening NOMINATIONS f the ever-increasing bonds between the Mr. MCCONNELL. Finally, Mr. Presi- military and the contractors who serve dent, on one final matter regarding RESERVATION OF LEADER TIME it. It is getting hard to see where one nominees, we are considering President The PRESIDING OFFICER. Under stops and the other begins. No pledge Biden’s nominees to key Cabinet posts. the previous order, the leadership time of recusal from a nominee will solve On Wednesday, Admiral Haines was is reserved. this larger problem. We are not limited confirmed as Director of National In- to selecting our Secretary of Defense f telligence on a big bipartisan vote, in- from the world of defense contractors, cluding my own. We hope to be able to CONCLUSION OF MORNING and our country would be better off if consider Tony Blinken to be the Sec- BUSINESS we stopped. However, with regard to retary of State early next week. experience and expertise, I do not ques- Today, we are considering GEN Lloyd The PRESIDING OFFICER. Morning business is closed. tion General Austin’s qualifications Austin, President Biden’s nominee to and will vote to allow the President his serve as Secretary of Defense. I voted f choice. to approve the waiver that would allow EXECUTIVE SESSION Mrs. FEINSTEIN. Mr. President, I him to serve in this post yesterday, rise today in support of General Lloyd notwithstanding the 7-year cooling-off Austin’s confirmation to be Secretary period after military service, and I will EXECUTIVE CALENDAR of Defense, and I urge my colleagues to be voting in favor of his confirmation. support his nomination in the vote we The PRESIDING OFFICER. Under I am voting yes because the nominee are about to take. the previous order, the Senate will pro- is clearly qualified and because Presi- General Austin has proven through ceed to executive session to consider dents should get real latitude to fill his 41-year military career that he is the following nomination, which the their teams with qualified and main- extremely capable of leading our mili- clerk will report. stream people of their choosing. At the tary as they confront multiple chal- The senior assistant legislative clerk same time, the Senate should pause lenges. and reflect on the fact that we will read the nomination of Lloyd James First, General Austin is a proven have begun two consecutive Presi- Austin, of Georgia, to be Secretary of leader that will provide stability with- dential administrations by issuing a Defense. in our military ranks. After 4 years of waiver to a four-star general and The PRESIDING OFFICER. Under tumultuous leadership under the former CENTCOM commander to lead the previous order, there will be 10 Trump administration, our troops de- the Pentagon. minutes of debate equally divided in serve a steady hand to lead them in the The Armed Services Committee held the usual form. defense of our Nation. a hearing last week to examine the NOMINATION OF LLOYD JAMES AUSTIN Moreover, our allies need a Secretary waiver and the current state of civil- Mr. PAUL. Mr. President, our Found- of Defense who speaks reliably on be- military relations at the Pentagon. I ing Fathers believed strongly in the ci- half of the President. expect the committee will continue to vilian control of our military. Having Second, General Austin brings a pay close attention to this important escaped from the tyranny of the Brit- wealth of experience to counter global issue in the months ahead and will in- ish crown, they did not want the pow- defense challenges. He oversaw U.S. vestigate steps that Congress can take ers of government and military to be and coalition forces in Iraq, served as a to help restore balance over at the Pen- fused. In America, the people would Vice Chief of Staff of the Army where tagon. control their Armed Forces. This he worked to increase diversity in the The law that we keep waiving actu- standard has endured, and was en- highest ranks of our military, and com- ally exists for a good reason. Civilian shrined in law in 1947. Congress had to manded U.S. Central Command in its control of the military is a funda- pass a waiver to the 1947 law in 2017, fight against ISIS and other regional mental principle of our Republic. We and we are being asked to do it again threats. emphatically do not want high-ranking in 2021. I hope that this is the last time Third, General Austin’s previous ap- military service to become a tacit pre- Congress will be asked to pass such a pointments to the Joint Staff and as requisite for a civilian leadership post waiver. Vice Chief of Staff of the Army pre- over at the Department of Defense. Civilian control of the military goes pared him to tackle strategic issues in It is not just about a simplistic fear beyond the basic question of how long the Department of Defense. He has that the military will end up running ago a nominee wore the uniform. It is committed to filling key positions with itself. To the contrary, many experts also a question of whether the nominee personnel that bring civilian expertise,

VerDate Sep 11 2014 00:56 Jan 23, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G22JA6.003 S22JAPT1 SSpencer on DSK126QN23PROD with SENATE S98 CONGRESSIONAL RECORD — SENATE January 22, 2021 a sign he fully respects civilian control millions more and resulted in billions lican, there will be some appointments of the military. in economic damage, and the virus is that I will not really be excited about Finally, our country faces several still not under control. Recently, it and agree with, in which case I will threats that President Biden’s adminis- was revealed that large segments of the state it. But in the case of the Sec- tration must address immediately. Federal Government and major compa- retary of State, I expressed myself yes- General Austin’s intimate knowledge nies were hacked by Russia. We are terday and I want to do it again today of our military will allow him to hit still trying to ascertain the extent of for what I consider to be a really crit- the ground running at the Department the breach, but it could be the most ical first appointment—second appoint- and make wise investments that deter significant cyber intrusion in the his- ment that the new administration global aggressors. tory of our country or perhaps the makes, and that would be for General I especially welcome General Aus- world. This event, too, should prompt Austin to be the person in charge at a tin’s pledge to support our country’s us to move promptly to fill Cabinet po- time that is very unique. pandemic response efforts, such as sitions that are critical to our national I agree with the Senator who just helping with the distribution of vac- security. spoke about the qualities of this gen- cines nationwide. Through his leader- Unfortunately, the Department of eral. We know that he rose through the ship, the military can provide much Defense is adrift and in desperate need ranks through the Army to become the needed medical and logistical support of steadfast leadership. Over the course first four-star general and commander to counter the COVID pandemic. of the past 4 years, there has been re- of Central Command from 2013 to 2016. We are facing an unprecedented set of peated turnover at senior levels of the He has done everything right. national security challenges, both at Department and a concerted effort to We, right now—I know the Presiding home and overseas. I have full con- purposefully leave multiple civilian of- Officer is aware of this and certainly fidence in General Austin’s ability to fices unfilled, necessitating the install- the ranking member of the committee help us overcome these challenges, and ment of career or midlevel officials is aware of this—we are in the most I urge my colleagues to vote in favor of into positions in an acting capacity. threatening times that we have ever his confirmation. Unlike other nominees for Cabinet been in. We have China and Russia out The PRESIDING OFFICER. The Sen- positions, Congress must provide, as there with capabilities that we didn’t ator from Rhode Island. Senator MCCONNELL indicated, an ex- really believe we would find ourselves Mr. REED. Mr. President, it is my ception for General Austin to serve as with. So that is going to be the pri- understanding that Chairman INHOFE is Secretary of Defense. Under the cur- mary concern of this new administra- in route to provide his comments, and rent statute, individuals are prohibited tion, and I can’t think of a better per- I just want to begin by thanking him from appointment if they are within 7 son to take the helm than General Aus- for his tremendous leadership. Without years of military service. Congress tin to provide the leadership. his dedication to a bipartisan, thought- found itself in a similar situation 4 And it is true that we had to have a ful process, we would not be here years ago when President Trump nomi- waiver yesterday. That waiver was today, and it is the hallmark of his nated Gen. James Mattis to be the Sec- overwhelmingly supported in a bipar- leadership throughout the years we retary of Defense. tisan way. So everyone knows that we have worked together. I anticipate his Prior to General Austin’s confirma- gave a lot of thought to it. And this is arrival. tion hearing, the Senate Armed Serv- at a time where we really needed some- The PRESIDING OFFICER. Duly ices Committee held a hearing on civil- one with the background of General noted. ian control of the Armed Forces that Austin to take that position, and I Mr. REED. In order to expedite the focused on the erosion of civil-military strongly support it and look forward to vote, I will proceed. relations. At the hearing, valid con- serving with him. Mr. President, I rise to express my cerns were raised about providing an- I yield the floor. support for the confirmation of Lloyd other waiver so soon after Secretary VOTE ON AUSTIN NOMINATION Austin to be the Secretary of Defense Mattis. However, at his nomination of the United States. The PRESIDING OFFICER. The hearing earlier this week, General Aus- question is, Will the Senate advise and General Austin is an exceptionally tin pledged his commitment to repair- qualified leader with a long and distin- consent to the Austin nomination? ing civil-military relations while also Mr. INHOFE. I ask for the yeas and guished career in the U.S. military. He empowering civilian personnel within has served at the highest echelons of nays. the Department of Defense. These are The PRESIDING OFFICER. Is there a the Army and capped his service as the critical commitments by General Aus- commander of U.S. Central Command. sufficient second? tin and ones that I support. There appears to be a sufficient sec- His character and integrity are unques- Therefore, yesterday I voted in favor tioned, and he possesses the knowledge ond. of the legislation to provide General The clerk will call the roll. and skills to effectively lead the Pen- Austin with an exception to serve as tagon. The senior assistant legislative clerk Secretary of Defense, and I was pleased called the roll. The United States faces many com- the legislation received strong bipar- plex security threats. If confirmed as Mr. THUNE. The following Senators tisan support. are necessarily absent: the Senator Secretary of Defense, General Austin General Austin is an outstanding from North Carolina (Mr. BURR), the will lead the Department during a time choice to serve as Secretary of Defense. Senator from West Virginia (Mrs. CAP- when U.S. strategic priorities have I am proud to support his nomination, ITO), the Senator from Mississippi (Mrs. shifted to focus increasingly on near- given the unique challenges we face. I HYDE-SMITH), the Senator from Kansas peer competition with China and Rus- think from now on, in a few moments, (Mr. MORAN), and the Senator from sia. The Department must also trans- we can refer to him as Secretary Aus- North Carolina (Mr. TILLIS). form how it operates with an increased tin, which is the appropriate title for Further, if present and voting, the focus on critical technologies like arti- his role. ficial intelligence, quantum com- With that, I yield the floor to my col- Senator from Kansas (Mr. MORAN) puting, biotechnology, and cyber secu- league, the chairman. would have voted ‘‘yea.’’ rity, while also emphasizing rapid de- The PRESIDING OFFICER. The sen- The PRESIDING OFFICER (Ms. livery of advanced new weapons sys- ior Senator from Oklahoma. HIRONO). Are there any other Senators tems on timelines that keep pace with Mr. INHOFE. Mr. President, yester- in the Chamber desiring to vote? technological change. day I had the opportunity to respond to The result was announced—yeas 93, In addition, President Biden must ad- the majority on my support for Tony nays 2, as follows: dress the urgent and dire challenges Blinken to be the Secretary of State. [Rollcall Vote No. 5 Ex.] that few of us would have anticipated 4 He is someone I have known for a long YEAS—93 years ago. Our country is in the midst period of time. I think we will see that Baldwin Blackburn Booker of a pandemic that has claimed hun- with the new administration here and Barrasso Blumenthal Boozman dreds of thousands of lives and infected myself being a conservative Repub- Bennet Blunt Braun

VerDate Sep 11 2014 02:24 Jan 23, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\A22JA6.002 S22JAPT1 SSpencer on DSK126QN23PROD with SENATE January 22, 2021 CONGRESSIONAL RECORD — SENATE S99 Brown Hoeven Romney would like to say that I think, given the future if they dare to stand up to Cantwell Inhofe Rosen Cardin Johnson Rounds the urgency of the economic challenge the Chinese Communist Party. Carper Kaine Rubio our country faces, in a truly perilous Some may start to think about the Casey Kelly Sanders economic time, I would very much like potential damage to their future, and Cassidy Kennedy Sasse to work with all of my colleagues, par- they may start to sweat a little bit. Collins King Schatz Coons Klobuchar Schumer ticularly Senators CRAPO and GRASS- Now, you may say: Good. I am glad Cornyn Lankford Scott (FL) LEY, to find a way to, today, bring up that former government officials can’t Cortez Masto Leahy Scott (SC) Chair Yellen for confirmation to be our cash in on their service and go to influ- Cotton Luja´ n Shaheen ence-peddling firms like WestExec or Cramer Lummis Shelby Secretary of the Treasury. Crapo Manchin Sinema I want to say I very much appreciate Albright Stonebridge and sell access to Cruz Markey Smith the conciliatory way this was discussed the Chinese. Daines Marshall Stabenow today, and I really hope the Senate can I might even agree with that point, Duckworth McConnell Sullivan Durbin Menendez Tester vote on her nomination today. but consider a few other hypotheticals. Ernst Merkley Thune I yield the floor. The Chinese State media singled out Feinstein Murkowski Toomey The PRESIDING OFFICER. The Sen- book publishers as just one example of Fischer Murphy Tuberville ator from Arkansas is recognized. who could pay the price. Many public Gillibrand Murray Van Hollen Graham Ossoff Warner Mr. COTTON. Madam President, I officials like to write memoirs, and Grassley Padilla Warnock ask unanimous consent that at the end these memoirs often add a lot to our Hagerty Paul Warren of my remarks the Senator from Okla- understanding of current events, but Hassan Peters Whitehouse NHOFE Heinrich Portman Wicker homa, Senator I , be recognized. Chinese State media singled out book Hickenlooper Reed Wyden The PRESIDING OFFICER. Without publishers as an example of companies Hirono Risch Young objection, it is so ordered. that would be banned from China if NAYS—2 Mr. INHOFE. Madam President, I ask they associated with sanctioned indi- unanimous consent that at the conclu- Hawley Lee viduals. sion of the remarks from the Senator In fact, China has already used Amer- NOT VOTING—5 from Arkansas that I be recognized. ican books as pawns in the trade war Burr Hyde-Smith Tillis The PRESIDING OFFICER. Without with the United States. So will major Capito Moran objection, it is so ordered. publishing houses really risk losing ac- The nomination was confirmed. f cess to the Chinese market for all their The PRESIDING OFFICER. Under other titles to strike a book deal with, CHINA the previous order, the motion to re- say, a former Biden Cabinet official consider is considered made and laid Mr. COTTON. Madam President, on who was tough on China and ended up upon the table, and the President will Wednesday, just moments after Joe getting sanctioned? It is unclear but, I be immediately notified of the Senate’s Biden took office, China’s Ministry of would say, doubtful. action. Foreign Affairs sanctioned 28 members Other public officials practice at big The Senator from Oregon is recog- of the outgoing administration, includ- law firms. And I know that we all nized. ing Secretary of State Mike Pompeo, make jokes about lawyers, but it is an f National Security Advisor Robert honorable profession. There is nothing O’Brien, and UN Ambassador Kelly wrong with practicing at a big law MORNING BUSINESS Craft. firm, and they may plan to return to Mr. WYDEN. Madam President, first, According to Chinese State media, their firms after the administration is I ask unanimous consent that the Sen- these Trump administration officials over. A lot of those firms have clients ate be in a period of morning business, were guilty of ‘‘crazy moves which with close ties to China. And even if a with Senators permitted to speak gravely interfered in China’s internal former public official has no client therein for up to 10 minutes each. affairs.’’ Those ‘‘crazy moves’’ include with any business in China, will those The PRESIDING OFFICER. Without presumably condemning the Chinese law firms really take back their old objection, it is so ordered. Communist Party’s genocidal cam- employees if it means potentially los- f paign against religious minorities in ing valuable clients who are afraid of Xinjiang Province or its atheistic angering the Chinese Communist NOMINATION OF JANET LOUISE crackdown on Chinese Christians. In YELLEN Party? Again, I would say it is unclear addition to interfering, these officials but, perhaps, doubtful. Mr. WYDEN. Madam President, a few allegedly offended the Chinese people Once you consider these minutes ago, Chair Janet Yellen was and seriously disrupted U.S.-China re- hypotheticals and others that don’t in- approved by the Senate Finance Com- lations. I guess that refers to some, volve influence peddling or anything mittee to be Secretary of the Treasury such as Secretary of Health and Human untoward, you can begin to see the in- by an extraordinary 26-to-0 vote. Services Alex Azar, who traveled to sidious consequences of these new sanc- I have seen times around here in the Taiwan. tions. Beijing wants to scare the Biden Senate where you come away con- Under the new sanctions, these offi- administration into doing its bidding, vinced you couldn’t get 26 to 0 among cials are now barred from entering and they want to scare U.S. businesses Senators to buy a soda. I want to China, but more important and more into blacklisting any official who irri- thank Senators GRASSLEY and CRAPO ominous, institutions associated with tates the Chinese Communist Party. for working very closely with me and them are also restricted from doing Therefore, I call on the Biden admin- Senate Democrats to achieve this re- business with China. istration to treat these sanctions as a markable vote this morning. Now, it is tempting to laugh off these day-one assault on the independence of The fact is, Janet Yellen has been sanctions, as I did last summer when its foreign policy by denouncing this confirmed by this body four times. She China sanctioned me. You know you intimidation in the strongest possible really belongs in the Senate confirma- won’t have a second honeymoon in terms. tion hall of fame, and the reason that Wuhan or you will have to vacation in But as the Chinese Communist Party she has been confirmed all of these a nongenocidal country. is determined to prove, actions speak times is because of what we saw at her But these sanctions are no laughing louder than words, so I also call upon confirmation hearing on Tuesday. She matter. They are not bluster. They are President Biden to act reciprocally by did a superb job. After the hearing, she another step in China’s long-term cam- sanctioning Chinese officials who are responded in a substantive way to hun- paign to coerce Americans at every responsible for this blackmail cam- dreds of questions that came from col- level of government and business. They paign against his administration. leagues and has made a real commit- are a direct attack on the independence Those officials shouldn’t be able to ment to transparency. of U.S. policy toward China and an at- ferret away their fortunes in the U.S. Now, I know that Senators are work- tempt to blackmail the Biden adminis- banking system the way so many cor- ing on a variety of issues now, but I tration with personal financial ruin in rupt Chinese oligarchs do, nor should

VerDate Sep 11 2014 02:24 Jan 23, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\A22JA6.001 S22JAPT1 SSpencer on DSK126QN23PROD with SENATE S100 CONGRESSIONAL RECORD — SENATE January 22, 2021 their princeling children get degrees vanced technology between our coun- gether in Afghanistan; we were to- from our top universities or intern- try and China. American colleges, uni- gether in Ukraine. These guys—that ships at prestigious Washington think versities, and research laboratories are was 10 years ago, and they are still on tanks. the finest in the world, but they allow the job working. I don’t know what we President Biden should also refuse to Chinese nationalists to participate, could have done without them. nominate for senior positions individ- even in cutting-edge research with In fact, I asked several of them, how uals who are professionally or finan- military applications. This research many of you in this group, from Okla- cially entangled with China, who could has an alarming tendency to end up in homa, in the Guard, have never been to be compromised by the mere threat of China, in the weapons fielded by the Washington before, that this is your sanctions. People’s Liberation Army against our first trip. More than half of them had Finally, President Biden should de- own troops. That information pipeline never been to Washington before. That termine whether Chinese Ambassador needs to be shut off, and many of those was a great opportunity for them too. Cui Tiankai was involved in these sanc- Chinese nationalists need to go. But I am really humbled and grateful tions, and if so, he should be expelled None of these steps will be easy, but for what they are doing for us, and I immediately for this egregious effort the Chinese Communist Party’s puni- am sure all of our colleagues are. to subvert American foreign policy. tive sanctions against Trump adminis- That is why I was so shocked and And that is just for the short term. tration officials and his blackmail really angry last night—and I picked it America must also begin to disentangle campaign against the Biden adminis- up on TV—I didn’t know anything our economy from China, to decouple tration officials demonstrate that de- about it—when I heard that the guards our economies. The Chinese Com- coupling our economies is both nec- were being made to feel like they were munist Party sanctions pose a threat essary and urgent. unwelcome by some person in the Cap- only because American society is so The Communists in Beijing have itol Police, and they were to take their deeply compromised by Chinese influ- lulled too many Americans into com- rest breaks someplace else and actu- ence. placency and dependency over the ally sent to the parking garage, of all American corporations, the big course of many years. They now intend places. Our Guard members are being banks, think tanks, universities, film to blackmail even our government into lodged in hotels. They are working studios, even our sports leagues—even inaction. Our intention must be dif- shifts, 12-hour shifts a day. They are LeBron James—are all addicted to Chi- ferent. The United States must break long shifts, on their feet, so they need nese cash. They are all part of a new free of the Chinese Communist’s suffo- to have rest breaks. And they can’t do China lobby that is deeply invested in cating grasp, fight back, and win. that lying in the Senate garage. the status quo and, thus, hostile to any I yield the floor. They have 2 hours on and 1 hour off, efforts to redefine U.S.-China relations The PRESIDING OFFICER. The Sen- plus time for eating and that type of in America’s interest. This lobby makes their money in ator from Oklahoma is recognized. thing. We can all agree they should be Mr. INHOFE. Madam President, first China. They make their products in comfortable on their breaks, a place to China. They have made their bed in of all, let me just compliment my sit and lie down, eat, charge their bat- China, and now they are all vulnerable friend from Arkansas on his great re- teries, and things they have to do— to pressure from the Chinese Govern- marks. People are not aware of the talk to their families at home. That is ment. threats we are facing in this country. I what they are supposed to be doing. America hasn’t been in such a bind want to join him in encouraging the That is precisely where they were. since our earliest days, when our young new administration to understand and They were using the buildings here in Republic was encircled by hostile impe- address these threats. the Capitol before they were made to rial powers. f feel unwelcome and pushed to the ga- rage. Even during the Cold War, America NATIONAL GUARD had few entanglements of the sort we I understand, and I am glad that they face today. The United States had very Mr. INHOFE. Madam President, since have moved back in and they are now little trade with the Russians. We com- last week, there have been over 20,000 well taken care of. And that is a good peted in separate lanes, like runners in members of the National Guard sta- thing. But they should never have had a race. tioned here at the Capitol. They are to go through this in the first place. The new Cold War with China isn’t so here—and have been here and are still What we did, you have to find out— orderly. Communist China is wealthier here—to keep us safe, keep the Mem- you get to the bottom of it. And that is and has more people than did Soviet bers safe, Senators safe, staff, press— what we are doing now. We are getting Russia, and our economies have be- all of us. It seems that people are spec- answers. I called the acting chief of the come deeply entangled. These new ulating that maybe this was overkill, Capitol Police this morning. I called sanctions are just the latest example of maybe we didn’t really need this many General McConville. General how that entanglement threatens our people here. They are wrong. This was McConville is the Chief of Staff of the security and prosperity. a nice, successful inauguration and Army, and they are all working to find Here is how the United States can successful, peaceful transfer of power out how this happened. The acting beat China in this strategic competi- because they were there. I made that chief, Pittman, says the guards were tion. First, the United States should very clear to the ones I have been talk- never asked to leave yesterday. impose restrictions on inbound and ing to in the field over the last 3 days. I know that she believes that. But outbound investment with China. Wall I know, firsthand, that they are really several—multiple members of the mili- Street has financed China’s industrial outstanding professionals, these tary said, no, they were told to leave. and technological development for guards. We know one thing; that whether it more than four decades and has become We have about 400 guards here from was confusion from the fog and the compromised for the bargain. That has the Oklahoma National Guard. I vis- friction and the environment or what- to end. ited with them—I guess it was on ever it was, the troops didn’t move on Second, the United States should Wednesday—in five different groups. I their own, so they were asked by some- move supply chains for critical goods, went around and talked to them be- body. such as semiconductors and pharma- cause they weren’t all in the same lo- This isn’t a blame game. But I do ceuticals, out of China and back to cation, and we thanked them for the want to know what happened to make American soil. China, today, may be service and the sacrifices they are sure it doesn’t happen again. This is the so-called factory of the world, but making. Long hours. These guys are what happened. There was one uni- it was corporate America, with its having long hours. They are the best of formed police officer who issued an Army of bankers and lawyers and con- the best. The many I saw did deploy- order without authority or without sultants, who built that factory. That ments in Afghanistan. going through the chain of command. I has got to end as well. When I was talking to them, they am glad that the U.S. Capitol Police Third, the United States must re- would remember, and say: Well, Sen- and the Guard are talking and trying strict the flow of knowledge and ad- ator INHOFE, I remember we were to- to figure this out. We are going to be

VerDate Sep 11 2014 00:56 Jan 23, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G22JA6.008 S22JAPT1 SSpencer on DSK126QN23PROD with SENATE January 22, 2021 CONGRESSIONAL RECORD — SENATE S101 able to identify who that person was, This is good. It is great for the na- Here is the other one. We have an- and we will make that public. But, ul- tional security of our Nation, for a other part of Alaska called the Na- timately, one message for our National whole host of reasons. General Austin tional Petroleum Reserve in Alaska, Guard up here: You are appreciated. understands that—Secretary Austin set aside by Congress for oil and gas de- You are welcome. We are very, very understands that. It is great for jobs. velopment. It is not controversial. We grateful for the sacrifices that you In the 2008–2009 recession, the No. 1 sec- have been doing it for decades. It was made. And if you are ever told at any tor of the economy that got us out of originally called the Naval Petroleum point that you need to vacate and don’t the great recession was the energy sec- Reserve for America. This is not con- have a comfortable place, just go to tor, in terms of GDP growth and jobs. troversial. And we have a lot of energy Russell 205, and I will make sure that It is great for the environment. Why projects in the NPRA that are ongoing. you will be very comfortable in my of- do I say that? Some people tilt their Heck, even the Obama-Biden adminis- fice. heads. It is great for the environment tration allowed us to drill there be- I know that there is bipartisan out- because in America—certainly, in my cause that is what Congress said for rage about this, so I think you will State, Alaska—we have the highest decades, and it is good for the country. have plenty of places to rest. You have standards on the environment of any We need energy. We need energy. So done a great job. You will be returning place in the world by far. It is not even if we need it, shouldn’t we get it from home soon. And you will be able to say: close. If you need energy, which you America? Shouldn’t we get it from Job well done. do, you should do it, produce it in the American workers? That is better than I yield the floor. place that respects the environment getting it from Russia. The NPRA is a The PRESIDING OFFICER. The Sen- the most—not Russia, not Saudi Ara- really important area of America’s en- ator from Alaska. bia—America, Alaska. ergy production in my State—the Na- f It is good for energy security. It is tional Petroleum Reserve in Alaska. It BIDEN ADMINISTRATION good for manufacturing low-cost nat- has been that way for decades. ural gas throughout the country. Like So there is a moratorium on any Mr. SULLIVAN. Madam President, I I said, it is really good for jobs. These more permits for energy production in want to congratulate now-Secretary of are really good jobs. Resource develop- the NPRA yesterday. I woke up to text Defense Lloyd Austin on his confirma- ment jobs are really good jobs. They messages from Alaskans saying: Sen- tion to be Secretary of Defense. I spoke support working families and the mid- ator, help us. My little company is yesterday about his confirmation, the going to go out of business. I have to two votes that had to happen. I had the dle class. Everybody knows that. That is a good thing that is happening in the lay off a bunch of workers. honor of introducing this great Amer- Workers who are doing what? Pro- ican at his confirmation hearing at the United States of America. There are some fringe groups that ducing American energy. Armed Services Committee. I served don’t like energy. Unfortunately, some Since when was that bad, Mr. Presi- with him in the military many years dent? Since when was that bad? of my colleagues in the Senate don’t ago. And I think he is going to be an One more thing, they say: Well, it is like hydrocarbons. By the way, as we important addition to President only a 60-day moratorium. Biden’s team. became the world’s energy superpower, In Alaska, because we have the high- One of the things that we have been our greenhouse gas emissions declined est standards in the world on producing working on, over the last several years, probably more than any other industri- energy, exploring for energy, we only is rebuilding our military after drastic alized economy in the world. Why? Be- do exploration in the winter. It costs cuts by the Obama-Biden administra- cause natural gas is clean-burning. So more for energy companies. Why do we tion. Hopefully, we are not going to see this is a win-win-win-win-win on so do that? Because it is the high stand- that again. One of the reasons I was many fronts. ards that we have—the highest stand- strongly supporting now-Secretary Here is why I am speaking right now: ards of any place on the planet Earth. Austin was because I believe—and I Because it is all at risk. It is all at What do I mean by that? certainly hope this is a correct belief, risk. The first few days of the new We build what are called ice roads and I have commitments from him—he Biden Administration have seen an un- and ice pads on the tundra when we ex- won’t agree with that, although I am precedented assault on resource devel- plore and when we drill. That means we sure some, unfortunately, in this body opment and energy jobs, an attack on just do it in the winter. You build and others in the Biden administration the men and women—working men and these ice roads and ice pads that cost a are going to agree with drastic cuts to women with good wages—who produce lot of money and when you move equip- the military. It will hurt readiness. So really important resources for this ment across the tundra on ice, you one of the reasons that I think he is great Nation and now for other coun- drill for 3 months and when the winter going to be a good Secretary is not just tries because we export a lot of these is over, you move it off. The ice melts, his exceptional character, humility, resources. It is an assault on good en- and there is not one tiny impact. It is leadership but because he knows what ergy jobs, good resource development called zero-impact drilling and explo- will happen if there are dramatic cuts jobs that have been the bedrock of mil- ration. like there were in the second term of lions of middle-class Americans for I used to be in charge of this in Alas- the Obama-Biden administration to our decades. ka. I am very familiar with it. We have military. Not good. Let me just give you an example, just the highest standards on the planet. So One of the things I had the oppor- in my State. Everybody knows about if you put a 60-day moratorium on tunity to talk to him about—one of the ANWR, right? This body moved in drilling on the NPRA, guess what. You things that has been a huge positive for terms of legislation for leases. We did lose the whole season. You lose the America over the last decade, for so it the right way, with a law passed by whole season. That is what the Biden many reasons, is that we have become the Senate and the House, signed by Administration did yesterday. I lit- the world’s energy superpower again— the President to move forward on erally have people back home in my like we were, essentially, during World leases. great State calling frantically saying War II. The first day on the job, the new hundreds—if not thousands—of jobs are What do I mean by that? Prior to the President decides he is going to sus- at risk. That was day two of the Biden pandemic, we were the No. 1 producer pend everything with regard to ANWR. Administration: Let’s crush every sin- of oil. Yes, people still need to use oil. OK, that wasn’t a surprise, to be hon- gle energy job in America. I know some of my colleagues in this est, but, of course, it was a huge dis- Why? I don’t know why. I don’t know body don’t believe that, but it is true; appointment. I am not sure it is legal. why. the No. 1 producer of natural gas, clean Like I said, we did it the legal way. He Since when is it bad to produce en- burning natural gas. We are starting to is doing it the old-fashioned, ‘‘Obama ergy for your fellow Americans? We export it all around the world; No. 1 pen and phone’’ way. There are prob- need it. We have the highest standards producer of renewables. So all of the ably a lot of questionable legalities in the world. These are great middle- above, America is the superpower of there. That is one. We were expecting class jobs. But on day one in this ad- energy. that. ministration, they are attacking the

VerDate Sep 11 2014 00:56 Jan 23, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G22JA6.010 S22JAPT1 SSpencer on DSK126QN23PROD with SENATE S102 CONGRESSIONAL RECORD — SENATE January 22, 2021 men and women who produce energy By the way, LIUNA is the largest firmed. I probably worked harder than for this great Nation—shameful. labor union in construction, the largest any other Senator in this body on that Now, it is not just me who is a little labor construction union in America— issue. I did that because I think it is bit upset. You can tell I am a little bit 500,000 members. going to be good for the military, good upset. The Keystone pipeline was can- By blocking this 100 percent union project, for America. celed again—again, no idea why they and pandering to environmental extremists, But we are trying. We are trying. I would do that. There is nothing about a thousand union jobs will immediately van- haven’t heard from one person on the climate change. As a matter of fact, ish and 10,000 additional jobs will be fore- Biden Administration. A number of us that pipeline was going to be all union gone. tried to request a meeting with the jobs, and they had it developed and That is day one. This isn’t me talk- President. The President talks a lot worked on in a way that was going to ing, the Senator from Alaska. This is about his blue-collar background. be emissions neutral. the head of LIUNA. Great, but guess what: The President is Here is the head of the Laborers’ We support the President’s campaign to killing blue-collar jobs right now by International Union of North Amer- ‘‘build back better.’’ But for union members the thousands. A lot of them are in my ica—LIUNA, the laborers. Terry affected by this decision, there are no renew- State. O’Sullivan is a great American. I know able energy jobs that come even close to re- I hope somebody in the new adminis- him well. His father was a marine. He placing the wages and benefits the Keystone tration is listening to this. I hope he XL project would have provided. Killing good served in the Chosin Reservoir during realizes what he is doing. We are in the Korean war. union jobs on day one with nothing to re- place them is not building back better. this pandemic. Our economy needs to Madam President, I ask unanimous grow. We have high unemployment. This is, again, Terry O’Sullivan, head consent to have printed in the RECORD The idea that you would start your ad- of LIUNA. a statement by Terry O’Sullivan on be- ministration by targeting the men and Madam President, I ask unanimous half of the Laborers’ International women who have built this great Na- Union of North America. consent to have printed in the RECORD tion, who have good-paying jobs is as- There being no objection, the mate- a statement by Mark McManus. tounding to me. rial was ordered to be printed in the There being no objection, the mate- Mr. President—I am not talking RECORD, as follows: rial was ordered to be printed in the about the President of the Senate, CANCELING KEYSTONE KILLS UNION JOBS RECORD, as follows: Madam President, I am talking about KILLING GOOD UNION JOBS ON DAY ONE WITH Mark McManus, General President of the the President of the United States— NOTHING TO REPLACE THEM, IS NOT BUILDING United Association: ‘‘In revoking this per- BACK BETTER mit, the Biden Administration has chosen to you need to listen to us. This is not a WASHINGTON, DC (January 20, 2021).—Terry listen to the voices of fringe activists instead good start. You talked in your inau- O’Sullivan, General President of LIUNA—the of union members and the American con- guration about putting yourself in Laborers’ International Union of North sumer on Day 1. Let me be very clear: When other people’s shoes. Well, I hope you America—made the following statement built with union labor by the men and put yourself in the shoes of the energy today: women of the United Association, pipelines workers in America whom you are The Biden Administration’s decision to like Keystone XL remain the safest and most crushing right now. Put yourself in cancel the Keystone XL pipeline permit on efficient modes of energy transportation in their shoes and maybe rethink these day one of his presidency is both insulting the world. Sadly, the Biden Administration and disappointing to the thousands of hard- has now put thousands of union workers out crazy, crazy policies that are only working LIUNA members who will lose good- of work. For the average American family, it harming Americans throughout the paying, middle class family-supporting jobs. means energy costs will go up and commu- country. By blocking this 100 percent union project, nities will no longer see the local invest- I yield the floor. and pandering to environmental extremists, ments that come with pipeline construc- The PRESIDING OFFICER. The Sen- a thousand union jobs will immediately van- tion.’’ ator from Alaska. ish and 10,000 additional jobs will be fore- Mr. SULLIVAN. Madam President, I gone. Mr. SULLIVAN. This is Mark We had hoped the new Administration McManus, General President of the suggest the absence of a quorum. would make a decision based on the facts as United Association of Union Plumbers The PRESIDING OFFICER. The they are today, not as they were perceived and Pipefitters. They were going to clerk will call the roll. years ago. The Keystone XL pipeline of build the Keystone pipeline, too, just The legislative clerk proceeded to today is dramatically different than the like the LIUNA members. call the roll. pipeline rejected while President Biden was (Mr. WARNER assumed the chair.) in the Obama Administration. In an agree- In revoking this permit, the Biden Admin- istration has chosen to listen to the voices of (Mrs. GILLIBRAND assumed the ment with North America’s Building Trades chair.) Unions, the project owner, TC Energy, had fringe activists instead of union members committed $1.7 billion to operate the pipe- and the American consumer on Day 1. Let Mr. SCHUMER. Mr. President, I ask line with renewable energy and achieve net- me be very clear: When built with union unanimous consent that the order for zero emission within two years—all using labor by the men and women of the United the quorum call be rescinded. union workers. Their commitment amounted Association— The PRESIDING OFFICER (Mr. to the equivalent of taking 650,000 cars off Mr. McManus’s union— KAINE). Without objection, it is so or- the road, one of the largest renewable energy pipelines like Keystone XL remain the safest dered. investments ever. and most efficient modes of energy transpor- f We support the President’s campaign to tation in the world. Sadly, the Biden Admin- ‘‘build back better.’’ But for union members istration has now put thousands of union IMPEACHMENT affected by this decision, there are no renew- workers out of work. able energy jobs that come even close to re- Mr. SCHUMER. Mr. President, we placing the wages and benefits the Keystone Let me close with this. There are a have made good progress in our efforts XL project would have provided. Killing good number of Senators who want to meet to determine the timing and structure union jobs on day one with nothing to re- directly with the President on this of the impeachment trial of Donald J. place them, is not building back better. issue. By the way, when they made Trump. Hopefully, the Biden Administration will not these announcements about Alaska, no For the information of all Senators, continue to allow environmental extremists one from the Biden Administration the House managers will come to read to control our country’s energy agenda at reached out. No one called me. No one the Article of Impeachment at 7 p.m. the expense of union construction workers being forced to the unemployment lines. called Senator MURKOWSKI. No one on Monday, January 25. Members will called Congressman YOUNG. You would then be sworn in the next day, Tues- Mr. SULLIVAN. This is a statement think if they were going to kill hun- day, January 26. by Terry O’Sullivan: dreds, if not thousands, of jobs in your After that, both the House managers The Biden Administration’s decision to State, that somebody would have and the defense will have a period of cancel the Keystone XL pipeline permit on day one of his presidency is both insulting reached out to us. time to draft their legal briefs, just as and disappointing to the thousands of hard- I just spent the last week working they did in previous trials. During that working LIUNA members who will lose good- hard to make sure the Biden Adminis- period, the Senate will continue to do paying, middle class family-supporting jobs. tration’s Secretary of Defense got con- other business for the American people,

VerDate Sep 11 2014 02:24 Jan 23, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G22JA6.012 S22JAPT1 SSpencer on DSK126QN23PROD with SENATE January 22, 2021 CONGRESSIONAL RECORD — SENATE S103 such as Cabinet nominations and the With the mighty Androscoggin River Jim’s eulogy was not given by any of COVID relief bill, which would provide providing power, Canton soon was his law partners, business, or political relief for millions of Americans who home to lumber and grain mills, along friends—he had plenty—but by are suffering during this pandemic. with many other small industries. Muhammed Lasege, a former Univer- Then, once the briefs are drafted, When the first paper mill opened in sity of Louisville basketball star from presentation by the parties will com- nearby Rumford in 1893, the people of Nigeria whose college career was cut mence the week of February 8. Canton were part of the skilled and short due to eligibility issues. A suc- The January 6 insurrection at the dedicated workforce that built a great cessful businessman himself, he told Capitol, incited by Donald J. Trump, is Maine industry. The prosperity pro- the story of how Jim provided guidance a day none of us will ever forget. We all duced by hard work and determination and hope when his basketball dreams want to put this awful chapter in our was invested in schools and churches to were crushed. He described their rela- Nation’s history behind us, but healing create a true community. tionship of a father-son bond, despite and unity will only come if there is Maine is known as ‘‘Vacationland,’’ the fact that Jim never had a son and truth and accountability, and that is and Canton has played a key role in Muhammed never knew his father. what this trial will provide. the development of our State’s tourism While our hearts are heavy acknowl- f industry. A guidebook to the region edging Jim’s passing, we reminisce published in 1888 described the eastern- with great joy remembering all our ac- CONFIRMATION OF LLOYD JAMES most town in Oxford County as ‘‘one of complishments, but most of all our AUSTIN the most beautiful and charming in all friendship. May Jim Milliman rest in Mr. BENNET. Mr. President, yester- this attractive region.’’ With guests ar- peace.∑ day, I voted for H.R. 335, which waived riving by train and, later, by bus and the requirement that a commissioned car, some of the first family vacation f officer be retired from the military for resorts were established on the shores MESSAGE FROM THE HOUSE at least 7 years before serving as Sec- of Lake Anasagunticook. Today, visi- RECEIVED DURING ADJOURNMENT retary of Defense. I believe civilian tors and residents alike enjoy Canton’s ENROLLED BILL SIGNED control and strong civilian-military re- scenery, history, and outdoor recre- lations strengthens our democracy. ation opportunities. The energy and Under the authority of the order of Congress designed the waiver process planning that are going into Canton’s the Senate of January 3, 2021, the fol- to guarantee that someone dedicated yearlong bicentennial celebration dem- lowing enrolled bill, previously signed to the principle of civilian control can onstrate the pride townspeople have in by the Speaker pro tempore (Mr. lead our military and to prevent the their town. HOYER) of the House, was signed on politicization of the officer corps. I The celebration of Canton’s 200th an- January 21, 2021, during the adjourn- continue to believe that the waiver niversary is not merely about the pass- ment of the Senate, by the President should only be granted in unique cases. ing of time. It is about human accom- pro tempore (Mr. LEAHY): Secretary Austin is uniquely qualified plishment. We celebrate the people H.R. 335. An act to provide for an exception to lead at this moment in our coun- who, from the dawn of our Nation to to a limitation against appointment of per- sons as Secretary of Defense within seven try’s history, which is why I voted for our time, have pulled together, cared for one another, and built a great com- years of relief from active duty as a regular his waiver. I believe Secretary Austin commissioned officer of the Armed Forces. will work to maintain the safety and munity. Thanks to those who came be- integrity of our institutions and fur- fore, Canton, ME, has a wonderful his- f tory. Thanks to those there today, it ther our Nation’s interests at home and EXECUTIVE AND OTHER has a bright future. abroad. In the future, I will review any COMMUNICATIONS waiver that comes before this body f The following communications were with the care and consideration befit- ADDITIONAL STATEMENTS laid before the Senate, together with ting this process and subject. accompanying papers, reports, and doc- f REMEMBERING JAMES ‘‘JIM’’ uments, and were referred as indicated: 200TH ANNIVERSARY OF CANTON, MILLIMAN EC–22. A communication from the Under MAINE ∑ Secretary of Defense (Personnel and Readi- Mr. PAUL. Mr. President, today we ness), transmitting, a report entitled ‘‘De- Ms. COLLINS. Mr. President, I rise honor the life and legacy of a great partment of Defense 2017 Assessment of Ra- today to commemorate the 200th anni- Kentuckian, James ‘‘Jim’’ Milliman. cial and Ethnic Discrimination in the Active versary of the Town of Canton, ME. Jim was born October 29, 1942, in Nor- Component’’; to the Committee on Armed Canton was built with a spirit of deter- walk, OH. He led a life of faith, passion Services. mination and resiliency that still for the law, and an unmatched enthu- EC–23. A communication from the Congres- guides the community today, and this siasm for Notre Dame football. Jim at- sional Review Coordinator, Animal and is a time to celebrate the generations tended Notre Dame, then earned his Plant Health Inspection Service, Department of hard-working and caring people who of Agriculture, transmitting, pursuant to law degree from the University of Lou- law, the report of a rule entitled ‘‘Amend- have made it such a wonderful place to isville Brandeis School of Law, which ments to the Pale Cyst Nematode Regula- live, work, and raise families. is where he would embark on a bril- tions’’ ((RIN0579–AE48) (Docket No. APHIS– The year of Canton’s incorporation, liant career as a lawyer. 2018–0041)) received in the Office of the Presi- 1821, was but one milestone in a long Jim began his legal career at Mid- dent of the Senate on January 6, 2021; to the journey of progress. For thousands of dleton-Reutlinger Law firm, where he Committee on Agriculture, Nutrition, and years, the land of fields, rivers, lakes, most notably appeared in the U.S. Su- Forestry. and forests of what is now Oxford preme Court confirming his defendant’s EC–24. A communication from the Deputy County was the home of the Abenaki constitutional right to a speedy trial. Administrator for Policy Support, Food and Tribe, and Canton Point, or Rokomeko, Nutrition Service, Department of Agri- He would continue his work fighting culture, transmitting, pursuant to law, the was the headquarters of the for the little guy always advocating for report of a rule entitled ‘‘Employment and Anasagunticook Band of the People of equal justice under the law. After a Training Opportunities in the Supplemental the Dawn. The reverence the Abenaki long successful tenure practicing law, Nutrition Assistance Program’’ (RIN0584– had for the natural beauty and re- Jim shifted to being my State director. AE68) received in the Office of the President sources of the region is upheld by the With Jim’s guidance, my staff and I of the Senate on January 6, 2021; to the Com- people of Canton today. have been able to fight for Kentuckians mittee on Agriculture, Nutrition, and For- In the 1790s, following America’s in Washington and throughout the estry. independence, an early settlement EC–25. A communication from the Deputy State. The feats we have accomplished Director, Legal Division, Bureau of Con- called Phipp’s Canada was established. would not have been possible without sumer Financial Protection, transmitting, Maine achieved statehood in 1820, and the mentorship of Jim Milliman. pursuant to law, the report of a rule entitled on February 5 of the following year, Jim passed January 5, 2021. A true ‘‘Fair Credit Reporting Act Disclosures’’ (12 the town of Canton was incorporated. testament to his impact on people, CFR Part 1022) received in the Office of the

VerDate Sep 11 2014 02:24 Jan 23, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G22JA6.016 S22JAPT1 SSpencer on DSK126QN23PROD with SENATE S104 CONGRESSIONAL RECORD — SENATE January 22, 2021 President of the Senate on January 6, 2021; the President of the Senate on January 13, EC–43. A communication from the Director to the Committee on Banking, Housing, and 2021; to the Committee on Banking, Housing, of the Regulatory Management Division, En- Urban Affairs. and Urban Affairs. vironmental Protection Agency, transmit- EC–26. A communication from the Sec- EC–35. A communication from the Direc- ting, pursuant to law, the report of a rule en- retary of the Treasury, transmitting, pursu- tor, Office of Legislative and Intergovern- titled ‘‘Approval and Promulgation of Imple- ant to law, a six-month periodic report on mental Affairs, Secretary of the Securities mentation Plans; Colorado; Revisions to the national emergency with respect to the and Exchange Commission, transmitting, Regulation Number 7 and RACT Require- situation in Hong Kong that was declared in pursuant to law, the report of a rule entitled ments for 2008 8-Hour Ozone Standard for the Executive Order 13936 of July 14, 2020; to the ‘‘Disclosure of Payments by Resource Ex- Denver Metro/North Front Range Nonattain- Committee on Banking, Housing, and Urban traction Issuers’’ (RIN3235–AM06) received ment Area’’ (FRL No. 10019–22–Region 8) re- Affairs. during adjournment of the Senate in the Of- ceived in the Office of the President of the EC–27. A communication from the Deputy fice of the President of the Senate on Janu- Senate on January 6, 2021; to the Committee Director, Office of the Comptroller of the ary 13, 2021; to the Committee on Banking, on Environment and Public Works. Currency, Bureau of Consumer Financial Housing, and Urban Affairs. EC–44. A communication from the Director Protection, transmitting, pursuant to law, EC–36. A communication from the Deputy of the Regulatory Management Division, En- the report of a rule entitled ‘‘Appraisals for Director, Bureau of Consumer Financial Pro- vironmental Protection Agency, transmit- Higher-Priced Mortgage Loans Exemption tection, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- Threshold’’ (RIN1557–AF04) received in the report of a rule entitled ‘‘Consumer Leasing titled ‘‘Review of the Ozone National Ambi- Office of the President of the Senate on Jan- (Regulation M)’’ ((RIN7100–AF98) (Docket ent Air Quality Standards’’ (FRL No. 10019– uary 6, 2021; to the Committee on Banking, No. R–1727)) received in the Office of the 04–OAR) received in the Office of the Presi- Housing, and Urban Affairs. President of the Senate on January 6, 2021; dent of the Senate on January 6, 2021; to the EC–28. A communication from the Deputy to the Committee on Banking, Housing, and Committee on Environment and Public Director, Bureau of Consumer Financial Pro- Urban Affairs. Works. tection, transmitting, pursuant to law, the EC–37. A communication from the Branch report of a rule entitled ‘‘Truth in Lending Chief, Fish and Wildlife Service, Department f (Regulation Z) Annual Threshold Adjust- of the Interior, transmitting, pursuant to INTRODUCTION OF BILLS AND ments (Credit Cards, HOEPA, and Qualified law, the report of a rule entitled ‘‘Endan- JOINT RESOLUTIONS Mortgages)’’ (12 CFR Part 1026) received in gered and Threatened Wildlife and Plants; the Office of the President of the Senate on Threatened Species Status for Coastal Dis- The following bills and joint resolu- January 6, 2021; to the Committee on Bank- tinct Population Segment of the of the Pa- tions were introduced, read the first ing, Housing, and Urban Affairs. cific Marten With a Section 4(d) Rule’’ and second times by unanimous con- EC–29. A communication from the Direc- (RIN1018–BD19) received during adjournment sent, and referred as indicated: tor, Bureau of Consumer Financial Protec- of the Senate in the Office of the President By Mr. CARDIN (for himself and Mr. tion, transmitting, pursuant to law, the re- of the Senate on January 16, 2021; to the YOUNG): port of a rule entitled ‘‘Debt Collection Prac- Committee on Environment and Public S. 14. A bill to identify and combat corrup- tices (Regulation F)’’ (RIN3170–AA51) re- Works. ceived during adjournment of the Senate in EC–38. A communication from the Wildlife tion in countries, to establish a tiered sys- the Office of the President of the Senate in Biologist, Fish and Wildlife Service, Depart- tem of countries with respect to levels of the Office of the President of the Senate on ment of the Interior, transmitting, pursuant corruption by their governments and their January 13, 2021; to the Committee on Bank- to law, the report of a rule entitled ‘‘Regula- efforts to combat such corruption, and to ing, Housing, and Urban Affairs. tions Governing Take of Migratory Birds’’ evaluate foreign persons engaged in grand EC–30. A communication from the Direc- (RIN1018–BD76) received during adjournment corruption for inclusion as specially des- tor, Bureau of Consumer Financial Protec- of the Senate in the Office of the President ignated nationals under the Global tion, transmitting, pursuant to law, the re- of the Senate on January 13, 2021; to the Magnitsky Human Rights Accountability port of a rule entitled ‘‘Equal Credit Oppor- Committee on Environment and Public Act; to the Committee on Foreign Relations. tunity (Regulation B); Special Purpose Cred- Works. By Ms. KLOBUCHAR (for herself and it Programs’’ received in the Office of the EC–39. A communication from the Wildlife Mr. MORAN): President of the Senate on January 6, 2021; Biologist, Fish and Wildlife Service, Depart- S. 15. A bill to require the Federal Trade to the Committee on Banking, Housing, and ment of the Interior, transmitting, pursuant Commission to submit a report to Congress Urban Affairs. to law, the report of a rule entitled ‘‘Migra- on scams targeting seniors, and for other EC–31. A communication from the Deputy tory Bird Subsistence Harvest in Alaska; Up- purposes; to the Committee on Commerce, Director, Bureau of Consumer Financial Pro- dates to the Regulations’’ (RIN1018–BF12) re- Science, and Transportation. tection, transmitting, pursuant to law, the ceived during adjournment of the Senate in By Mr. PORTMAN: report of a rule entitled ‘‘Truth in Lending the Office of the President of the Senate on S. 16. A bill to amend title 18, United (Regulation Z)’’ (12 CFR Part 1026) received January 13, 2021; to the Committee on Envi- States Code, to prohibit taking minors in the Office of the President of the Senate ronment and Public Works. across State lines in circumvention of laws on January 6, 2021; to the Committee on EC–40. A communication from the Director requiring the involvement of parents in abor- Banking, Housing, and Urban Affairs. of the Regulatory Management Division, En- tion decisions; to the Committee on the Ju- EC–32. A communication from the Policy vironmental Protection Agency, transmit- diciary. Associate Director, Bureau of Consumer Fi- ting, pursuant to law, the report of a rule en- By Mrs. BLACKBURN: nancial Protection, transmitting, pursuant titled ‘‘Improvements for Heavy-Duty En- S. 17. A bill to amend the Immigration and to law, the report of a rule entitled ‘‘Home gine and Vehicle Test Procedures, and other Nationality Act to provide for inadmis- Mortgage Disclosure (Regulation C) Adjust- Technical Amendments’’ (FRL No. 10018–52– sibility of certain aliens seeking citizenship ment to Asset-Size-Exemption Threshold’’ OAR) received in the Office of the President for children by giving birth in the United (12 CFR Part 1003) received in the Office of of the Senate on January 6, 2021; to the Com- States, and for other purposes; to the Com- the President of the Senate on January 6, mittee on Environment and Public Works. mittee on the Judiciary. 2021; to the Committee on Banking, Housing, EC–41. A communication from the Director By Ms. KLOBUCHAR (for herself, Ms. and Urban Affairs. of the Regulatory Management Division, En- SMITH, Mr. CRAMER, and Mr. HOEVEN): EC–33. A communication from the Deputy vironmental Protection Agency, transmit- S. 18. A bill to designate the facility of the Director of the Bureau of Consumer Finan- ting, pursuant to law, the report of a rule en- United States Postal Service located at 229 cial Protection, transmitting, pursuant to titled ‘‘Air Plan Approval; California; South Minnetonka Avenue South in Wayzata, Min- law, the report of a rule entitled ‘‘Truth in Coast Air Quality Management District; nesota, as the ‘‘Jim Ramstad Post Office’’; to Lending Act (Regulation Z) Adjustment To Ventura County Air Pollution Control Dis- the Committee on Homeland Security and Asset-Size Exemption Threshold’’ (12 CFR trict’’ (FRL No. 10017–02–Region 9) received Governmental Affairs. Part 1026) received in the Office of the Presi- in the Office of the President of the Senate By Mr. SCOTT of South Carolina (for dent of the Senate on January 6, 2021; to the on January 6, 2021; to the Committee on En- himself, Mr. MURPHY, Mr. BOOZMAN, Committee on Banking, Housing, and Urban vironment and Public Works. Mr. BOOKER, Mr. CORNYN, Mr. WAR- Affairs. EC–42. A communication from the Director NER, Mr. GRAHAM, Ms. SINEMA, and EC–34. A communication from the Direc- of the Regulatory Management Division, En- Mr. BLUMENTHAL): tor, Office of Legislative and Intergovern- vironmental Protection Agency, transmit- S. 19. A bill to authorize the Administrator mental Affairs, Securities and Exchange ting, pursuant to law, the report of a rule en- of the Federal Emergency Management Commission, transmitting, pursuant to law, titled ‘‘Control of Air Pollution from Air- Agency to approve State and local plans to the report of a rule entitled ‘‘Exemption planes and Airplane Engines; GHG Emission partner with small and mid-size restaurants from the Definition of ‘Clearing Agency’ for Standards and Test Procedures’’ (FRL No. and nonprofit organizations to provide nutri- Certain Activities of Security-Based Swap 10018–45–OAR) received in the Office of the tious meals to individuals in need, to waive Dealers and Security-Based Swap Execution President of the Senate on January 6, 2021; certain matching fund requirements, and for Facilities’’ (RIN3235–AK74) received during to the Committee on Environment and Pub- other purposes; to the Committee on Home- adjournment of the Senate in the Office of lic Works. land Security and Governmental Affairs.

VerDate Sep 11 2014 00:56 Jan 23, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\A22JA6.014 S22JAPT1 SSpencer on DSK126QN23PROD with SENATE January 22, 2021 CONGRESSIONAL RECORD — SENATE S105 By Ms. KLOBUCHAR: By Mrs. GILLIBRAND (for herself, Mr. SUBMISSION OF CONCURRENT AND S. 20. A bill to amend the Internal Revenue BENNET, Mr. SCHATZ, Mr. MARKEY, SENATE RESOLUTIONS Code of 1986 to modify the global intangible Mr. VAN HOLLEN, Ms. KLOBUCHAR, Mr. low-taxed income by repealing the tax-free BLUMENTHAL, Mr. BOOKER, Mr. The following concurrent resolutions deemed return on investments and deter- CASEY, Ms. DUCKWORTH, Mrs. FEIN- and Senate resolutions were read, and mining net CFC tested income on a per-coun- STEIN, and Mr. REED): referred (or acted upon), as indicated: try basis; to the Committee on Finance. S. 32. A bill to provide for the establish- By Mr. BRAUN: By Ms. ERNST (for herself and Mr. ment of a standing Health Force and a Resil- S. Res. 12. A resolution memorializing the GRASSLEY): ience Force to respond to public health unborn by lowering the United States flag to S. 21. A bill to extend the period of the emergencies and meet public health needs; half-staff on January 22, 2021; to the Com- temporary authority to extend contracts and to the Committee on Health, Education, mittee on the Judiciary. leases under the ARMS Initiative; to the Labor, and Pensions. By Mr. SCOTT of Florida (for himself, Committee on Armed Services. By Mr. COTTON: Mr. BRAUN, Mr. RUBIO, Mr. YOUNG, By Ms. LUMMIS (for herself and Mr. S. 33. A bill to amend title 18, United Mr. COTTON, Mr. INHOFE, and Mrs. BARRASSO): States Code, by increasing the maximum BLACKBURN): S. 22. A bill to designate the mountain at term of imprisonment for the offense of riot- the Devils Tower National Monument, Wyo- S. Res. 13. A resolution expressing the ing, and for other purposes; to the Com- sense of the Senate that the International ming, as Devils Tower, and for other pur- mittee on the Judiciary. poses; to the Committee on Energy and Nat- Olympic Committee should rebid the 2022 By Mrs. GILLIBRAND (for herself, Mr. Winter Olympic Games to be hosted by a ural Resources. SCHUMER, Mr. BENNET, Mr. BROWN, By Mr. CRAPO (for himself and Mr. country that recognizes and respects human and Mr. PETERS): rights; to the Committee on Foreign Rela- RISCH): S. 34. A bill to provide funding for cities, tions. S. 23. A bill to authorize an additional dis- counties, and other units of general local By Mr. BOOKER (for himself and Mr. trict judgeship for the district of Idaho; to government to prevent, prepare for, and re- MENENDEZ): the Committee on the Judiciary. spond to coronavirus; to the Committee on S. Res. 14. A resolution designating Janu- By Ms. KLOBUCHAR (for herself and Appropriations. ary 23, 2021, as ‘‘Maternal Health Awareness Ms. MURKOWSKI): By Mr. VAN HOLLEN (for himself, Mr. S. 24. A bill to protect the personal health Day’’; to the Committee on the Judiciary. COONS, Mr. BROWN, Mr. CARDIN, Mr. data of all Americans; to the Committee on By Mr. MANCHIN (for himself, Mrs. TILLIS, Mr. CASEY, Mr. CRAPO, Mr. Health, Education, Labor, and Pensions. CAPITO, and Mr. ROMNEY): DURBIN, Mr. RISCH, Mr. BLUMENTHAL, By Mrs. BLACKBURN (for herself, Mr. S. Con. Res. 3. A concurrent resolution au- Mrs. CAPITO, Mr. PETERS, Mr. MORAN, CRUZ, Ms. ERNST, Mr. DAINES, Mr. thorizing the use of the rotunda of the Cap- Mr. BOOZMAN, Mr. SCOTT of South CRAMER, Mr. COTTON, and Mr. itol for the lying in state of the remains of Carolina, Mr. YOUNG, Mr. ROMNEY, INHOFE): the last Medal of Honor recipient of World Mrs. FISCHER, Mr. LANKFORD, Ms. S. 25. A bill to restrict certain Federal War II, in order to honor the Greatest Gen- BALDWIN, Mr. CARPER, Mr. SCHUMER, grants for States that grant driver licenses eration and the more than 16,000,000 men and Mr. MERKLEY, Mr. BOOKER, Ms. COR- to illegal immigrants and fail to share infor- women who served in the Armed Forces of TEZ MASTO, Mr. TESTER, Ms. mation about criminal aliens with the Fed- the United States from 1941 to 1945; to the DUCKWORTH, Ms. SINEMA, Ms. WAR- eral Government; to the Committee on the Committee on Rules and Administration. Judiciary. REN, Mr. REED, Ms. STABENOW, Mr. LEAHY, Mr. WHITEHOUSE, Mr. WYDEN, By Mr. PORTMAN (for himself, Mrs. f Ms. ROSEN, and Mr. LUJAN): SHAHEEN, Mrs. CAPITO, and Mr. S. 35. A bill to award a Congressional Gold WHITEHOUSE): S. 26. A bill to provide the Administrator Medal to Officer Eugene Goodman; to the ADDITIONAL COSPONSORS Committee on Banking, Housing, and Urban of the Drug-Free Communities Support Pro- S. 13 gram the authority to waive the Federal Affairs. By Mr. CARDIN (for himself and Ms. At the request of Mr. SCOTT of South fund limitation for the Drug-Free Commu- Carolina, the names of the Senator nities Support Program; to the Committee MURKOWSKI): on the Judiciary. S.J. Res. 1. A joint resolution removing the from Kansas (Mr. MARSHALL) and the By Mr. MANCHIN (for himself and Mr. deadline for the ratification of the equal Senator from Wyoming (Ms. LUMMIS) rights amendment; to the Committee on the CORNYN): were added as cosponsors of S. 13, a bill S. 27. A bill to require reporting of sus- Judiciary. to establish an advisory committee to picious transmissions in order to assist in By Mr. SCOTT of Florida: make recommendations on improve- criminal investigations and counterintel- S.J. Res. 2. A joint resolution proposing amendments to the Constitution of the ments to the security, integrity, and ligence activities relating to international administration of Federal elections. terrorism, and for other purposes; to the United States relative to the line item veto, Committee on Commerce, Science, and a limitation on the number of terms that a Transportation. Member of Congress may serve, and requir- f By Mr. RUBIO (for himself and Mr. ing a vote of two-thirds of the membership of SCOTT of Florida): both Houses of Congress on any legislation SUBMITTED RESOLUTIONS S. 28. A bill to include the State of Florida raising or imposing new taxes or fees; to the in the Gulf of Mexico outer Continental Committee on the Judiciary. Shelf revenue sharing program, to extend the By Mr. CRUZ (for himself, Mr. BRAUN, moratorium on oil and gas leasing in certain Mr. TOOMEY, Mr. YOUNG, Mr. RUBIO, SENATE RESOLUTION 12—MEMORI- areas of the Gulf of Mexico, and for other and Mr. SCOTT of Florida): ALIZING THE UNBORN BY LOW- purposes; to the Committee on Energy and S.J. Res. 3. A joint resolution proposing an ERING THE UNITED STATES Natural Resources. amendment to the Constitution of the FLAG TO HALF-STAFF ON JANU- United States relative to limiting the num- By Ms. KLOBUCHAR (for herself and ARY 22, 2021 Mr. RUBIO): ber of terms that a Member of Congress may S. 29. A bill to amend the Federal Water serve; to the Committee on the Judiciary. Mr. BRAUN submitted the following Pollution Control Act to reauthorize certain By Mr. RUBIO (for himself, Mr. resolution; which was referred to the programs relating to nonpoint source man- CRAMER, Mrs. BLACKBURN, Mr. Committee on the Judiciary: agement, and for other purposes; to the Com- YOUNG, Mr. ROMNEY, Mr. CRAPO, Mr. S. RES. 12 mittee on Environment and Public Works. TOOMEY, Mrs. CAPITO, Mr. TILLIS, Mr. By Mrs. SHAHEEN (for herself, Mr. PORTMAN, Mr. CORNYN, and Mr. Whereas, on January 22, 1973, the majority MURPHY, Mr. BLUMENTHAL, and Ms. BRAUN): of the members of the Supreme Court of the BALDWIN): S.J. Res. 4. A joint resolution proposing an United States ruled that abortion was a S. 30. A bill to set forth a method of deter- amendment to the Constitution of the right secured by the Constitution; and mining maximum out-of-pocket limits and United States to require that the Supreme Whereas, since that fateful day, over 60 annual updates to premium tax credit eligi- Court of the United States be composed of million unborn children have perished: Now, bility under the Patient Protection and Af- not more than 9 justices; to the Committee therefore, be it fordable Care Act; to the Committee on on the Judiciary. Resolved, That the Senate— Health, Education, Labor, and Pensions. By Mr. LEE (for himself and Mr. (1) supports the recognition of the Day of By Mr. LEE (for himself and Mr. ROM- GRASSLEY): Tears in the United States on January 22, NEY): S.J. Res. 5. A joint resolution proposing an 2021; and S. 31. A bill to limit the establishment or amendment to the Constitution of the (2) encourages the people of the United extension of national monuments in the United States requiring that the Federal States to lower their flags to half-staff to State of Utah; to the Committee on Energy budget be balanced; to the Committee on the mourn and honor the innocents who have and Natural Resources. Judiciary. lost their lives to abortion.

VerDate Sep 11 2014 00:56 Jan 23, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\A22JA6.011 S22JAPT1 SSpencer on DSK126QN23PROD with SENATE S106 CONGRESSIONAL RECORD — SENATE January 22, 2021 SENATE RESOLUTION 13—EX- (2) Uyghur individuals who protest hosting (3) Hong Kong authorities, under the influ- PRESSING THE SENSE OF THE ‘‘relatives’’ or refuse to take part in study ence of the Government of the People’s Re- SENATE THAT THE INTER- sessions or other activities with the officials public of China, violated fundamental free- NATIONAL OLYMPIC COMMITTEE in their homes are subject to additional re- doms of the people of Hong Kong, as articu- strictions and may face detention in the in- lated in the Basic Law, including the free- SHOULD REBID THE 2022 WINTER ternment camps; doms of expression, association, and assem- OLYMPIC GAMES TO BE HOSTED Whereas, in July 2019, Australia, Austria, bly; BY A COUNTRY THAT RECOG- Belgium, Canada, Denmark, Estonia, Fin- (4) the Government of the People’s Repub- NIZES AND RESPECTS HUMAN land, France, Germany, Iceland, Ireland, lic of China has used propaganda, RIGHTS Japan, Latvia, Lithuania, Luxembourg, the disinformation, and censorship in an attempt Netherlands, New Zealand, Norway, Spain, to shape reporting on the Hong Kong pro- Mr. SCOTT of Florida (for himself, Sweden, Switzerland, and the United King- tests, attributing the protests to influence Mr. BRAUN, Mr. RUBIO, Mr. YOUNG, Mr. dom jointly condemned the arbitrary deten- by ‘‘foreign forces’’, and threatening pro- COTTON, Mr. INHOFE, and Mrs. BLACK- tion and surveillance of Uyghur individuals testers in Hong Kong; BURN) submitted the following resolu- and other minorities in the Xinjiang Uyghur (5) officials of the Government of the Peo- tion; which was referred to the Com- Autonomous Region; ple’s Republic of China and the Communist mittee on Foreign Relations: Whereas, in June 2019, the Independent Tri- Party of China continue to abuse criminal bunal Into Forced Organ Harvesting from law and police power to punish critics and S. RES. 13 Prisoners of Conscience in China of the ‘‘maintain stability’’ with the goal of perpet- Whereas the International Olympic Com- China Tribunal found that— uating one-party rule, often targeting mittee announced Beijing, People’s Republic (1) forced organ harvesting has been car- human rights advocates, religious believers, of China, as the host city of the 2022 Winter ried out for years throughout the People’s and ethnic minority groups; and Olympic Games; Republic of China on a significant scale, and (6) the Government of the People’s Repub- Whereas the Olympic charter states that practitioners of Falun Gong have been the lic of China is likely committing crimes the goal of Olympism is to promote ‘‘a peace- main source of organs; and against humanity; ful society concerned with the preservation (2) the Government of the People’s Repub- Whereas, before the 2008 Summer Olympics of human dignity’’; lic of China has committed crimes against were held in Beijing, the Department of Whereas, on January 19, 2021, the Depart- humanity with respect to Uyghur individuals State Country Report on Human Rights ment of State determined that the Com- and practitioners of Falun Gong; Practices for 2006 reported that the Govern- munist Party of China has committed geno- Whereas the report of Freedom House enti- ment of the People’s Republic of China prac- cide against the predominantly Muslim tled ‘‘Freedom in the World 2019’’ indicates ticed severe cultural and religious repression Uyghurs and other ethnic and religious mi- that— of minorities, especially of Uyghur individ- nority groups in the Xinjiang Uyghur Auton- (1) women, ethnic and religious minorities, uals in the Xinjiang Uyghur Autonomous Re- omous Region (XUAR); and the LGBT community in the People’s gion, and according to the Department of Whereas the 2020 Trafficking in Persons Republic of China have no opportunity to State Country Reports on Human Rights Report of the Department of State relating gain meaningful political representation and Practices for 2018, such repression has inten- to the People’s Republic of China indicates are barred from advancing their interests sified since the 2008 Summer Olympics in that— outside the formal structures of the Com- Beijing; (1) authorities in the People’s Republic of munist Party of China; Whereas four Special Rapporteurs of the China have arbitrarily detained more than (2) foreign journalists in the People’s Re- United Nations have urged the governing au- 1,000,000 ethnic Muslims, including Uyghur, public of China were surveilled, harassed, thorities in Hong Kong and the People’s Re- ethnic Kazakh, and Kyrgyz individuals, in as physically abused, detained to prevent meet- public of China to ensure protestors in Hong many as 1,200 ‘‘vocational training centers’’, ings with certain individuals, and had their Kong may fully exercise the right to peace- which are internment camps designed to visas withheld; fully assemble, including— erase ethnic and religious identities; (3) hundreds of Falun Gong practitioners (1) the Special Rapporteur on the pro- (2) the national household registry system have recently received long prison terms, motion and protection of the right to free- of the People’s Republic of China restricts and many other individuals were arbitrarily dom of opinion and expression; the freedom of rural inhabitants to legally detained in various ‘‘legal education’’ facili- (2) the Special Rapporteur on the situation change their workplace or residence, placing ties, where they were tortured, sometimes of human rights defenders; the internal migrant population of the Peo- fatally, until they abandoned their beliefs; (3) the Special Rapporteur on the rights to ple’s Republic of China at high risk of forced (4) limitations on due process in the Peo- freedom of peaceful assembly and of associa- labor in brick kilns, coal mines, and fac- ple’s Republic of China, including the exces- tion; and tories; sive use of pretrial detention, are rampant, (4) the Special Rapporteur on torture and (3) the Government of the People’s Repub- and an extended crackdown on human rights other cruel, inhuman or degrading treatment lic of China subjects Christians and members lawyers has weakened the access of defend- or punishment; of other religious groups to forced labor in ants to independent legal counsel; and Whereas police in Hong Kong have arrested brick kilns, food processing centers, and fac- (5) individuals attempting to petition the more than 6,000 individuals and fired more tories as part of detention for the purpose of Government of the People’s Republic of than 16,000 rounds of tear gas during the ideological indoctrination; and China with respect to grievances or injus- seven months of protests by people of Hong (4) the Government of the People’s Repub- tices are routinely intercepted in their ef- Kong seeking to uphold their liberties and lic of China provides financial incentives for forts to travel to Beijing, forcefully returned the autonomy of Hong Kong, as articulated companies to open factories near the intern- to their hometowns, or subjected to extra- in the Basic Law of the Hong Kong Special ment camps, and local governments receive legal detention in ‘‘black jails’’, psychiatric Administrative Region of the People’s Re- additional funds from the Government of the institutions, and other sites at which they public of China (referred to in this preamble People’s Republic of China for each inmate are at risk of abuse; as the ‘‘Basic Law’’); forced to work in an internment camp; Whereas the annual report of the U.S. Con- Whereas, the Law of the People’s Republic Whereas, in June 2020, the Associated Press gressional-Executive Commission on China of China on Safeguarding National Security reported that— for 2019 indicates that— in the Hong Kong Special Administrative Re- (1) the Government of the People’s Repub- (1) the one-party authoritarian political gion (referred to in this preamble as the lic of China uses forced birth control, steri- system of the People’s Republic of China de- ‘‘Hong Kong national security law’’) is im- lizations, and abortions on Uyghur and other prives the people of the People’s Republic of plemented to suppress pro-democracy dem- minority women to diminish the birth rate China of their right to meaningfully partici- onstrators and remove the rights and lib- among Muslim populations; and pate in electoral processes and public life erties from the people of Hong Kong guaran- (2) Uyghur and other minority women are generally; teed in the Basic Law; subjected to internment camps and large (2) in 2019, the Government of the People’s Whereas the report of the Network of Chi- fines for giving birth to too many children, Republic of China detained and prosecuted nese Human Rights Defenders entitled ‘‘De- which is subjectively defined by the Govern- individuals who criticized government offi- fending Rights in a ‘No Rights Zone’: Annual ment of the People’s Republic of China; cials and policies online and censored or dis- Report on the Situation of Human Rights Whereas, in October 2019, Radio Free Asia torted a range of news and information that Defenders in China (2018)’’ indicates that— reported that— the Government of the People’s Republic of (1) authorities in the People’s Republic of (1) the Government of the People’s Repub- China considered ‘‘politically sensitive’’, in- China continue to charge Tibetans with ‘‘in- lic of China, as part of its Pair Up and Be- cluding— citing separatism’’ for expressing political or come Family program, assigns male Han (A) the 30th anniversary of the Tiananmen religious dissent and impose heavy prison Chinese ‘‘relatives’’ to monitor the homes of Square massacre; sentences on such individuals; Uyghur families in the Xinjiang Uyghur Au- (B) human rights abuses in the Xinjiang (2) the Government of the People’s Repub- tonomous Region and to regularly sleep in Uyghur Autonomous Region; and lic of China continues to implement its dra- the same beds as the wives of men detained (C) the protests in Hong Kong against pro- conian 2017 cybersecurity law, which author- in the internment camps of the region; and posed extradition legislation; izes invasive cyber surveillance and provides

VerDate Sep 11 2014 00:56 Jan 23, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\A22JA6.018 S22JAPT1 SSpencer on DSK126QN23PROD with SENATE January 22, 2021 CONGRESSIONAL RECORD — SENATE S107 broad authority to restrict and penalize on- (3) being ignored or refused or receiving no Whereas several States, communities, and line expression; response to requests for help; organizations recognize January 23 as ‘‘Ma- (3) the Government of the People’s Repub- Whereas certain social determinants of ternal Health Awareness Day’’ to raise lic of China intends to have ‘‘full coverage, health, including bias and racism, have a awareness about maternal health and pro- connectivity, and control’’ of the entire Peo- negative impact on maternal health out- mote maternal safety: Now, therefore, be it ple’s Republic of China by police video sur- comes; Resolved, That the Senate— veillance; and Whereas significant disparities in maternal (1) designates January 23, 2021, as ‘‘Mater- (4) the Government of the People’s Repub- health exist, including that— nal Health Awareness Day’’; lic of China boldly retaliates against human (1) Black women are more than 3 times as (2) supports the goals and ideals of Mater- rights advocates for their work upholding likely to die from a pregnancy-related cause nal Health Awareness Day, including— international standards and cooperating as are White women; (A) raising public awareness about mater- with the United Nations human rights mech- (2) American Indian and Alaska Native nal mortality, maternal morbidity, and dis- anisms; women are more than twice as likely to die parities in maternal health outcomes; and Whereas, in January 2020, the editorial from a pregnancy-related cause as are White (B) encouraging the Federal Government, board of The Washington Post questioned women; States, territories, Tribes, local commu- whether the People’s Republic of China (3) Black, American Indian, and Alaska Na- nities, public health organizations, physi- should ‘‘be allowed to host the 2022 Winter tive women with at least some college edu- cians, health care providers, and others to Olympics in one city while running con- cation are more likely to die from a preg- take action to reduce adverse maternal centration camps in another’’; and nancy-related cause than are women of all health outcomes and improve maternal safe- Whereas the flagrant human rights abuses other racial and ethnic backgrounds with ty; committed by the Government of the Peo- less than a high school diploma; (3) promotes initiatives— ple’s Republic of China are inconsistent with (4) Black, American Indian, and Alaska Na- (A) to address and eliminate disparities in Olympic values: Now, therefore, be it tive women are about twice as likely to suf- maternal health outcomes; and Resolved, That— fer from severe maternal morbidity as are (B) to ensure respectful and equitable ma- (1) the Senate supports the values of White women; ternity care practices; Olympism and the principles of Team USA (5) women who live in rural areas have a (4) honors those who have passed away as a with respect to the protection of— greater likelihood of severe maternal mor- result of pregnancy-related causes; and (A) the rights, safety, and well-being of bidity and mortality compared to women who live in urban areas; (5) supports and recognizes the need for athletes; and (6) less than 1⁄2 of rural counties have a hos- further investments in efforts to improve (B) the integrity of sport; and pital with obstetric services; maternal health, eliminate disparities in (2) it is the sense of the Senate that, con- (7) counties with more Black and Hispanic maternal health outcomes, and promote re- sistent with the principles of the Inter- residents and lower median incomes are less spectful and equitable maternity care prac- national Olympic Committee, unless the likely to have access to hospital obstetric tices. Government of the People’s Republic of services; China demonstrates significant progress in (8) more than 50 percent of women who live f securing fundamental human rights, includ- in a rural area must travel more than 30 ing the freedoms of religion, speech, move- minutes to access hospital obstetric services, ment, association, and assembly, the Inter- compared to 7 percent of women who live in SENATE CONCURRENT RESOLU- national Olympic Committee should rebid urban areas; and TION 3—AUTHORIZING THE USE the 2022 Winter Olympics to be hosted by a (9) American Indian and Alaska Native OF THE ROTUNDA OF THE CAP- country that recognizes and respects human women living in rural communities are twice ITOL FOR THE LYING IN STATE rights. as likely as their White counterparts to re- OF THE REMAINS OF THE LAST port receiving late or no prenatal care; f MEDAL OF HONOR RECIPIENT OF Whereas pregnant women may be at in- WORLD WAR II, IN ORDER TO SENATE RESOLUTION 14—DESIG- creased risk for severe outcomes associated NATING JANUARY 23, 2021, AS with COVID–19, as— HONOR THE GREATEST GENERA- ‘‘MATERNAL HEALTH AWARE- (1) pregnant women with symptomatic TION AND THE MORE THAN NESS DAY’’ COVID–19 are more likely to be admitted to 16,000,000 MEN AND WOMEN WHO an intensive care unit, receive invasive ven- SERVED IN THE ARMED FORCES Mr. BOOKER (for himself and Mr. tilation, and receive ECMO treatment, com- OF THE UNITED STATES FROM MENENDEZ) submitted the following pared to nonpregnant women with sympto- 1941 TO 1945 resolution; which was referred to the matic COVID–19; Committee on the Judiciary: (2) pregnant women with symptomatic Mr. MANCHIN (for himself, Mrs. CAP- COVID–19 are at a 70-percent increased risk S. RES. 14 ITO, and Mr. ROMNEY) submitted the for death compared to nonpregnant women following concurrent resolution; which Whereas, every year in the United States, with symptomatic COVID–19; and approximately 700 women die as a result of (3) pregnant women with COVID–19 may be was referred to the Committee on complications related to pregnancy and at risk for preterm delivery; Rules and Administration: childbirth; Whereas more than 40 States have des- S. CON. RES. 3 Whereas the pregnancy-related mortality ignated committees to review maternal Resolved by the Senate (the House of Rep- ratio, defined as the number of pregnancy-re- deaths; resentatives concurring), lated deaths per 100,000 live births, more Whereas State and local maternal mor- tality review committees are positioned to SECTION 1. HONORING THE LAST SURVIVING than doubled between 1987 and 2017; MEDAL OF HONOR RECIPIENT OF Whereas the United States is the only de- comprehensively assess maternal deaths and WORLD WAR II. identify opportunities for prevention; veloped country whose maternal mortality (a) USE OF ROTUNDA.—The individual who rate has increased over the last several dec- Whereas more than 30 States are partici- is the last surviving recipient of the Medal of ades; pating in the Alliance for Innovation on Ma- Honor for acts performed during World War Whereas, of all pregnancy-related deaths ternal Health, which promotes consistent II shall be permitted to lie in state in the ro- between 2011 and 2016— and safe maternity care to reduce maternal tunda of the Capitol upon death, if the indi- (1) nearly 32 percent occurred during preg- morbidity and mortality; vidual (or the next of kin of the individual) nancy; Whereas community-based maternal so elects. (2) about 35 percent occurred during child- health care models, including midwifery (b) IMPLEMENTATION.—The Architect of the birth or the week after childbirth; and childbirth services, doula support services, Capitol, under the direction of the President (3) 33 percent occurred between 1 week and community and perinatal health worker 1 year postpartum; pro tempore of the Senate and the Speaker services, and group prenatal care, in collabo- of the House of Representatives, shall take Whereas more than 60 percent of maternal ration with culturally competent physician deaths in the United States are preventable; the necessary steps to implement subsection care, show great promise in improving ma- (a). Whereas, in 2014 alone, 50,000 women suf- ternal health outcomes and reducing dispari- fered from a ‘‘near miss’’ or severe maternal ties in maternal health outcomes; f morbidity, which includes potentially life- Whereas many organizations have imple- threatening complications that arise from mented initiatives to educate patients and AUTHORITY FOR COMMITTEES TO labor and childbirth; providers about— Whereas around 17 percent of women who (1) all causes of, contributing factors to, MEET gave birth in a hospital in the United States and disparities in maternal mortality; Mr. SCHUMER. Mr. President, I have reported experiencing 1 or more types of mis- (2) the prevention of pregnancy-related a request for one committee to meet treatment, such as— deaths; and (1) loss of autonomy; (3) the importance of listening to and em- during today’s session of the Senate. It (2) being shouted at, scolded, or threat- powering all women to report pregnancy-re- has the approval of the Majority and ened; and lated medical issues; and Minority leaders.

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CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2020

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Barrasso United States ...... Dollar ...... 11,488.05 ...... 11,488.05 Charles Ziegler United States ...... Dollar ...... 11,010.55 ...... 11,010.55 Delegation Expenses* Qatar ...... Riyal ...... 306.05 ...... 306.05 Total ...... 22,498.60 ...... 306.05 ...... 22,804.65 * Delegation expenses include official expenses reimbursed to the Department of State, under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95-384, and may include S. Res. 179 funds agreed to May 25, 1977. SENATOR JAMES E. RISCH, Chairman, Committee on Foreign Relations, Jan. 19, 2021. h

SAFEGUARD TRIBAL OBJECTS OF seq.) (including section 1170 of title 18, tionship of shared group identity that can be PATRIMONY ACT OF 2020 United States Code, as added by that Act) reasonably traced historically or and the Archaeological Resources Protection prehistorically between a present day Indian On Thursday, December 17, 2020, the Act of 1979 (16 U.S.C. 470aa et seq.); Tribe or Native Hawaiian organization and Senate passed S. 2165, as follows: (5) to establish an interagency working an identifiable earlier group. S. 2165 group to ensure communication between (3) CULTURAL ITEM.—The term ‘‘cultural Be it enacted by the Senate and House of Rep- Federal agencies to successfully implement item’’ means any 1 or more cultural items resentatives of the United States of America in this Act, the Native American Graves Pro- (as defined in section 2 of the Native Amer- Congress assembled, tection and Repatriation Act (25 U.S.C. 3001 ican Graves Protection and Repatriation Act et seq.) (including section 1170 of title 18, SECTION 1. SHORT TITLE. (25 U.S.C. 3001)). United States Code, as added by that Act), (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ This Act may be cited as the ‘‘Safeguard the Archaeological Resources Protection Act Tribal Objects of Patrimony Act of 2020’’. has the meaning given the term ‘‘Indian of 1979 (16 U.S.C. 470aa et seq.), and other rel- tribe’’ in section 2 of the Native American SEC. 2. PURPOSES. evant Federal laws; The purposes of this Act are— Graves Protection and Repatriation Act (25 (6) to establish a Native working group of U.S.C. 3001). (1) to carry out the trust responsibility of Indian Tribes and Native Hawaiian organiza- the United States to Indian Tribes; (5) ITEM PROHIBITED FROM EXPORTATION.— tions to assist in the implementation of this The term ‘‘Item Prohibited from Expor- (2) to increase the maximum penalty for Act, the Native American Graves Protection tation’’ means— actions taken in violation of the Native and Repatriation Act (25 U.S.C. 3001 et seq.) (A) a cultural item prohibited from being American Graves Protection and Repatri- (including section 1170 of title 18, United trafficked, including through sale, purchase, ation Act (25 U.S.C. 3001 et seq.) (including States Code, as added by that Act), the Ar- use for profit, or transport for sale or profit, section 1170 of title 18, United States Code, chaeological Resources Protection Act of as added by that Act), in order to strengthen 1979 (16 U.S.C. 470aa et seq.), and other rel- by— deterrence; evant Federal laws; (i) section 1170(b) of title 18, United States (3) to stop the export, and facilitate the (7) to exempt from disclosure under section Code, as added by the Native American international repatriation, of cultural items 552 of title 5, United States Code (commonly Graves Protection and Repatriation Act (25 prohibited from being trafficked by the Na- known as the ‘‘Freedom of Information U.S.C. 3001 et seq.); or tive American Graves Protection and Repa- Act’’)— (ii) any other Federal law or treaty; and triation Act (25 U.S.C. 3001 et seq.) (including (A) information submitted by Indian (B) an archaeological resource prohibited section 1170 of title 18, United States Code, Tribes or Native Hawaiian organizations pur- from being trafficked, including through as added by that Act) and archaeological re- suant to this Act; and sale, purchase, exchange, transport, receipt, sources prohibited from being trafficked by (B) information relating to an Item Re- or offer to sell, purchase, or exchange, in- the Archaeological Resources Protection Act quiring Export Certification for which an ex- cluding in interstate or foreign commerce, of 1979 (16 U.S.C. 470aa et seq.) by— port certification was denied pursuant to by— (A) explicitly prohibiting the export; this Act; and (i) subsections (b) and (c) of section 6 of the (B) creating an export certification sys- (8) to encourage buyers to purchase legal Archaeological Resources Protection Act of tem; and contemporary art made by Native artists for 1979 (16 U.S.C. 470ee); or (C) confirming the authority of the Presi- commercial purposes. (ii) any other Federal law or treaty. dent to request from foreign nations agree- SEC. 3. DEFINITIONS. (6) ITEM REQUIRING EXPORT CERTIFICATION.— ments or provisional measures to prevent ir- In this Act: (A) IN GENERAL.—The term ‘‘Item Requir- remediable damage to Native American cul- (1) ARCHAEOLOGICAL RESOURCE.—The term ing Export Certification’’ means— tural heritage; ‘‘archaeological resource’’ means an archae- (i) a cultural item; and (4) to establish a Federal framework in ological resource (as defined in section 3 of (ii) an archaeological resource. order to support the voluntary return by in- the Archaeological Resources Protection Act (B) EXCLUSION.—The term ‘‘Item Requiring dividuals and organizations of items of tan- of 1979 (16 U.S.C. 470bb)) that is Native Amer- Export Certification’’ does not include an gible cultural heritage, including items cov- ican. item described in clause (i) or (ii) of subpara- ered by the Native American Graves Protec- (2) CULTURAL AFFILIATION.—The term ‘‘cul- graph (A) for which an Indian Tribe or Na- tion and Repatriation Act (25 U.S.C. 3001 et tural affiliation’’ means that there is a rela- tive Hawaiian organization with a cultural

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affiliation with the item has provided a cer- (b) EXPORT CERTIFICATION SYSTEM.— the Item Requiring Export Certification tificate authorizing exportation of the item. (1) EXPORT CERTIFICATION REQUIREMENT.— that— (7) NATIVE AMERICAN.—The term ‘‘Native (A) IN GENERAL.—No Item Requiring Ex- (I) the exporter has a right of possession American’’ means— port Certification may be exported from the (as defined in section 2 of the Native Amer- (A) Native American (as defined in section United States without first having obtained ican Graves Protection and Repatriation Act 2 of the Native American Graves Protection an export certification in accordance with (25 U.S.C. 3001)) of the Item Requiring Export and Repatriation Act (25 U.S.C. 3001)); and this subsection. Certification; or (B) Native Hawaiian (as so defined). (B) PUBLICATION.—The Secretary, in con- (II) the Indian Tribe or Native Hawaiian (8) NATIVE HAWAIIAN ORGANIZATION.—The sultation with Indian Tribes and Native Ha- organization has relinquished title or control term ‘‘Native Hawaiian organization’’ has waiian organizations, shall publish in the of the Item Requiring Export Certification in the meaning given the term in section 2 of Federal Register a notice that includes— accordance with section 3 of the Native the Native American Graves Protection and (i) a description of characteristics typical American Graves Protection and Repatri- Repatriation Act (25 U.S.C. 3001). of Items Requiring Export Certification, ation Act (25 U.S.C. 3002). (9) SECRETARY.—The term ‘‘Secretary’’ which shall— (3) EXPORT CERTIFICATION APPLICATION AND means the Secretary of the Interior. (I) include the definitions of the terms— ISSUANCE PROCEDURES.— (10) TANGIBLE CULTURAL HERITAGE.—The (aa) ‘‘cultural items’’ in section 2 of the (A) APPLICATIONS FOR EXPORT CERTIFI- term ‘‘tangible cultural heritage’’ means— Native American Graves Protection and Re- CATION.— (A) Native American human remains; or patriation Act (25 U.S.C. 3001); and (i) IN GENERAL.—An exporter seeking to ex- (B) culturally, historically, or (bb) ‘‘archaeological resource’’ in section 3 port an Item Requiring Export Certification archaeologically significant objects, re- of the Archaeological Resources Protection from the United States shall submit to the sources, patrimony, or other items that are Act of 1979 (16 U.S.C. 470bb); Secretary an export certification application affiliated with a Native American culture. (II) describe the provenance requirements in accordance with clause (iii). SEC. 4. ENHANCED NAGPRA PENALTIES. associated with the trafficking prohibition (ii) CONSEQUENCES OF FALSE STATEMENT.— Section 1170 of title 18, United States Code, applicable to— Any willful or knowing false statement made is amended— (aa) cultural items under section 1170(b) of on an export certification application form (1) by striking ‘‘5 years’’ each place it ap- title 18, United States Code; and under clause (i) shall— pears and inserting ‘‘10 years’’; and (bb) archaeological resources under sub- (I) subject the exporter to criminal pen- (2) in subsection (a), by striking ‘‘12 sections (b) and (c) of section 6 of Archae- alties pursuant to section 1001 of title 18, months’’ and inserting ‘‘1 year and 1 day’’. ological Resources Protection Act of 1979 (16 United States Code; and SEC. 5. EXPORT PROHIBITIONS; EXPORT CERTIFI- U.S.C. 470ee); (II) prohibit the exporter from receiving an CATION SYSTEM; INTERNATIONAL (III)(aa) include the definitions of the export certification for any Item Requiring AGREEMENTS. terms ‘‘Native American’’ and ‘‘Native Ha- Export Certification in the future unless the (a) EXPORT PROHIBITIONS.— waiian’’ in section 2 of the Native American exporter submits additional evidence in ac- (1) IN GENERAL.—It shall be unlawful for Graves Protection and Repatriation Act (25 cordance with subparagraph (B)(iii)(I). any person— U.S.C. 3001); and (iii) FORM OF EXPORT CERTIFICATION APPLI- (A) to export, attempt to export, or other- (bb) describe how those terms apply to ar- CATION.—The Secretary, in consultation with wise transport from the United States any chaeological resources under this Act; and Indian Tribes and Native Hawaiian organiza- Item Prohibited from Exportation; (IV) be sufficiently specific and precise to tions, and at the discretion of the Secretary, (B) to conspire with any person to engage ensure that— in consultation with third parties with rel- in an activity described in subparagraph (A); (aa) an export certification is required only evant expertise, including institutions of or for Items Requiring Export Certification; higher education, museums, dealers, and col- (C) to conceal an activity described in sub- and lector organizations, shall develop an export paragraph (A). (bb) fair notice is given to exporters and certification application form, which shall (2) PENALTIES.—Any person who violates other persons regarding which items require require that an applicant— paragraph (1) and knows, or in the exercise an export certification under this subsection; (I) describe, and provide pictures of, each of due care should have known, that the and Item Requiring Export Certification that the Item Prohibited from Exportation was (ii) a description of characteristics typical applicant seeks to export; taken, possessed, transported, or sold in vio- of items that do not qualify as Items Requir- (II) include all available information re- lation of, or in a manner unlawful under, any ing Export Certification and therefore do not garding the provenance of each such Item Federal law or treaty, shall be fined in ac- require an export certification under this Requiring Export Certification; and cordance with section 3571 of title 18, United subsection, which shall clarify that— (III) include the attestation described in States Code, imprisoned for not more than 1 (I) an item made solely for commercial subparagraph (B)(i). year and 1 day for a first violation, and not purposes is presumed to not qualify as an (B) EVIDENCE.— more than 10 years for a second or subse- Item Requiring Export Certification, unless (i) IN GENERAL.—In completing an export quent violation, or both. an Indian Tribe or Native Hawaiian organi- certification application with respect to an (3) DETENTION, FORFEITURE, AND REPATRI- zation challenges that presumption; and Item Requiring Export Certification that the ATION.— (II) in some circumstances, receipts or cer- exporter seeks to export, the exporter shall (A) DETENTION AND DELIVERY.—The Sec- tifications issued by Indian Tribes or Native attest that, to the best of the knowledge and retary of Homeland Security, acting through Hawaiian organizations with a cultural af- belief of the exporter, the exporter is not at- the Commissioner of U.S. Customs and Bor- filiation with an item may be used as evi- tempting to export an Item Prohibited from der Protection, shall— dence to demonstrate a particular item does Exportation. (i) detain any Item Prohibited from Expor- not qualify as an Item Requiring Export Cer- (ii) SUFFICIENCY OF ATTESTATION.—An at- tation that is exported, attempted to be ex- tification. testation under clause (i) shall be considered ported, or otherwise transported from the (2) ELIGIBILITY FOR EXPORT CERTIFI- to be sufficient evidence to support the ap- United States in violation of paragraph (1); CATION.—An Item Requiring Export Certifi- plication of the exporter under subparagraph and cation is eligible for an export certification (A)(iii)(III), on the condition that the ex- (ii) deliver the Item Prohibited from Ex- under this subsection if— porter is not required to provide additional portation to the Secretary. (A) the Item Requiring Export Certifi- evidence under clause (iii)(I). (B) FORFEITURE.—Any Item Prohibited cation is not under ongoing Federal inves- (iii) ADDITIONAL REQUIREMENTS.— from Exportation that is exported, at- tigation; (I) IN GENERAL.—The Secretary shall give tempted to be exported, or otherwise trans- (B) the export of the Item Requiring Ex- notice to an exporter that submits an export ported from the United States in violation of port Certification would not otherwise vio- certification application under subparagraph paragraph (1) shall be subject to forfeiture to late any other provision of law; and (A)(i) that the exporter is required to submit the United States in accordance with chap- (C) the Item Requiring Export Certifi- additional evidence in accordance with sub- ter 46 of title 18, United States Code (includ- cation— clause (III) if the Secretary has determined ing section 983(c) of that chapter). (i) is not an Item Prohibited from Expor- under subparagraph (A)(ii) that the exporter (C) REPATRIATION.—Any Item Prohibited tation; made a willful or knowing false statement on from Exportation that is forfeited under sub- (ii) was excavated or removed pursuant to the application or any past export certifi- paragraph (B) shall be expeditiously repatri- a permit issued under section 4 of the Ar- cation application. ated to the appropriate Indian Tribe or Na- chaeological Resources Protection Act of (II) DELAYS OR DENIALS.—The Secretary tive Hawaiian organization in accordance 1979 (16 U.S.C. 470cc) and in compliance with shall give notice to an exporter that submits with, as applicable— section 3(c) of the Native American Graves an export certification application under (i) the Native American Graves Protection Protection and Repatriation Act (25 U.S.C. subparagraph (A)(i) that the exporter may and Repatriation Act (25 U.S.C. 3001 et seq.) 3002(c)), if the permit for excavation or re- submit additional evidence in accordance (including section 1170 of title 18, United moval authorizes export; or with subclause (III) if the issuance of an ex- States Code, as added by that Act); or (iii) is accompanied by written confirma- port certification is— (ii) the Archaeological Resources Protec- tion from the Indian Tribe or Native Hawai- (aa) delayed pursuant to the examination tion Act of 1979 (16 U.S.C. 470aa et seq.). ian organization with authority to alienate by the Secretary of the eligibility of the

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PORTER.— commencement of an active Federal inves- (III) ADDITIONAL EVIDENCE.—On receipt of (i) IN GENERAL.—Not later than 60 days tigation shall not be prosecuted for a viola- notice under subclause (I), an exporter shall, after the date of delivery to the Secretary of tion of subparagraph (A) with respect to the or on receipt of a notice under subclause (II), an Item Requiring Export Certification Item Requiring Export Certification. an exporter may, provide the Secretary with under subparagraph (A)(ii), the Secretary (ii) ACTIONS NOT COMMENCING A FEDERAL IN- such additional evidence as the Secretary shall determine whether the Item Requiring VESTIGATION.—For purposes of clause (i), the may require to establish that the Item Re- Export Certification is an Item Prohibited following actions shall not be considered to quiring Export Certification is eligible for an from Exportation. be actions that commence an active Federal export certification under this subsection. (ii) REPATRIATION.—If an Item Requiring investigation: (C) DATABASE APPLICATIONS.— Export Certification is determined by the (I) The submission by the exporter of an (i) IN GENERAL.—The Secretary shall estab- Secretary to be an Item Prohibited from Ex- export certification application for the Item lish and maintain a secure central Federal portation and is forfeited under subpara- Requiring Export Certification under para- database information system (referred to in graph (B), the item shall be expeditiously re- graph (3)(A)(i). this subparagraph as the ‘‘database’’) for the patriated to the appropriate Indian Tribe or (II) The detention of the Item Requiring purpose of making export certification appli- Native Hawaiian organization in accordance Export Certification by the Secretary of cations available to Indian Tribes and Native with, as applicable— Homeland Security, acting through the Com- Hawaiian organizations. (I) the Native American Graves Protection missioner of U.S. Customs and Border Pro- (ii) COLLABORATION REQUIRED.—The Sec- and Repatriation Act (25 U.S.C. 3001 et seq.) tection, under paragraph (4)(A)(i). retary shall collaborate with Indian Tribes, (including section 1170 of title 18, United (III) The delivery to the Secretary of the Native Hawaiian organizations, and the States Code, as added by that Act); or Item Requiring Export Certification by the interagency working group convened under (II) the Archaeological Resources Protec- Secretary of Homeland Security, acting section 7(a) in the design and implementa- tion Act of 1979 (16 U.S.C. 470aa et seq.). through the Commissioner of U.S. Customs tion of the database. (iii) RETURN TO EXPORTER.— and Border Protection, under paragraph (iii) AVAILABILITY.—Immediately on re- (I) IN GENERAL.—If the Secretary deter- (4)(A)(ii). ceipt of an export certification application, mines that credible evidence does not estab- (IV) The seizure by the Secretary of the the Secretary shall make the export certifi- lish that the Item Requiring Export Certifi- Item Requiring Export Certification under cation application available on the database. cation is an Item Prohibited from Expor- paragraph (4)(A)(ii). (iv) DELETION FROM DATABASE.—On request tation, or if the Secretary does not complete (6) FEES.— by an Indian Tribe or Native Hawaiian orga- the determination by the deadline described (A) IN GENERAL.—The Secretary may col- nization, the Secretary shall delete an ex- in clause (i), the Secretary shall return the lect reasonable fees to process export certifi- port certification application from the data- Item Requiring Export Certification to the cation applications under this subsection. base. exporter. (B) AVAILABILITY OF AMOUNTS COLLECTED.— (v) TECHNICAL ASSISTANCE.—If an Indian (II) EFFECT.—The return of an Item Re- Any amounts collected by the Secretary Tribe or Native Hawaiian organization lacks quiring Export Certification to an exporter under subparagraph (A)— sufficient resources to access the database or under subclause (I) shall not mean that the (i) shall supplement (and not supplant) any respond to agency communications in a Item Requiring Export Certification is eligi- appropriations to the Secretary for the ac- timely manner, the Secretary, in consulta- ble for an export certification under this sub- tivities described in subparagraph (A); and tion with Indian Tribes and Native Hawaiian section. (ii) shall not be covered into the Treasury organizations, shall provide technical assist- (5) PENALTIES.— as miscellaneous receipts. ance to facilitate that access or response, as (A) ITEMS REQUIRING EXPORT CERTIFI- (7) ADMINISTRATIVE APPEAL.—If the Sec- applicable. CATION.— retary denies an export certification or an (D) ISSUANCE OF EXPORT CERTIFICATION.—On (i) IN GENERAL.—It shall be unlawful for Item Requiring Export Certification is de- receipt of an export certification application any person to export, attempt to export, or tained under this subsection, the exporter, for an Item Requiring Export Certification otherwise transport from the United States on request, shall be given a hearing on the that meets the requirements of subpara- any Item Requiring Export Certification record in accordance with such rules and reg- graphs (A) and (B), if the Secretary, in con- without first obtaining an export certifi- ulations as the Secretary promulgates pursu- sultation with Indian Tribes and Native Ha- cation. ant to section 10. waiian organizations with a cultural affili- (ii) PENALTIES.—Except as provided in sub- (8) TRAINING.— ation with the Item Requiring Export Cer- paragraph (D), any person who violates (A) IN GENERAL.—The Secretary, the Sec- tification, determines that the Item Requir- clause (i) shall be— retary of State, the Attorney General, and ing Export Certification is eligible for an ex- (I) assessed a civil penalty in accordance the heads of all other relevant Federal agen- port certification under paragraph (2), the with such regulations as the Secretary pro- cies shall require all appropriate personnel Secretary may issue an export certification mulgates pursuant to section 10; and to participate in training regarding applica- for the Item Requiring Export Certification. (II) subject to any other applicable pen- ble laws and consultations to facilitate posi- (E) REVOCATION OF EXPORT CERTIFICATION.— alties under this Act. tive government-to-government interactions (i) IN GENERAL.—If credible evidence is pro- (B) ITEMS PROHIBITED FROM EXPORTATION.— with Indian Tribes and Native Hawaiian Or- vided that indicates that an item that re- Whoever exports an Item Prohibited from ganizations. ceived an export certification under subpara- Exportation without first securing an export (B) U.S. CUSTOMS AND BORDER PROTECTION graph (D) is not eligible for an export certifi- certification shall be liable for a civil money TRAINING.—The Secretary of Homeland Secu- cation under paragraph (2), the Secretary penalty, the amount of which shall equal the rity, acting through the Commissioner of may immediately revoke the export certifi- total cost of storing and repatriating the U.S. Customs and Border Protection, shall cation. Item Prohibited from Exportation. require all appropriate personnel of U.S. Cus- (ii) DETERMINATION.—In determining (C) USE OF FINES COLLECTED.—Any amounts toms and Border Protection to participate in whether a revocation is warranted under collected by the Secretary as a civil penalty training provided by the Secretary of the In- clause (i), the Secretary shall consult with under subparagraph (A)(ii)(I) or (B)— terior or an Indian Tribe or Native Hawaiian Indian Tribes and Native Hawaiian organiza- (i) may be used by the Secretary— organization to assist the personnel in iden- tions with a cultural affiliation with the af- (I) for fines collected under subparagraph tifying, handling, and documenting in a cul- fected Item Requiring Export Certification. (A)(ii)(I), to process export certification ap- turally sensitive manner Items Requiring (4) DETENTION, FORFEITURE, REPATRIATION, plications under this subsection; and Export Certification for purposes of this Act. AND RETURN.— (II) for fines collected under subparagraph (C) CONSULTATION.—In developing or modi- (A) DETENTION AND DELIVERY.—The Sec- (B), to store and repatriate the Item Prohib- fying and delivering trainings under subpara- retary of Homeland Security, acting through ited from Exportation; graphs (A) and (B), the applicable heads of the Commissioner of U.S. Customs and Bor- (ii) shall supplement (and not supplant) Federal agencies shall consult with Indian der Protection, shall— any appropriations to the Secretary to carry Tribes and Native Hawaiian organizations. (i) detain any Item Requiring Export Cer- out this subsection; and (c) AGREEMENTS TO REQUEST RETURN FROM tification that an exporter attempts to ex- (iii) shall not be covered into the Treasury FOREIGN COUNTRIES.—The President may re- port or otherwise transport without an ex- as miscellaneous receipts. quest from foreign nations agreements that port certification; and (D) VOLUNTARY RETURN.— specify concrete measures that the foreign (ii) deliver the Item Requiring Export Cer- (i) IN GENERAL.—Any person who attempts nation will carry out— tification to the Secretary, for seizure by the to export or otherwise transport from the (1) to discourage commerce in, and collec- Secretary. United States an Item Requiring Export Cer- tion of, Items Prohibited from Exportation; (B) FORFEITURE.—Any Item Requiring Ex- tification without first obtaining an export (2) to encourage the voluntary return of port Certification that is detained under sub- certification, but voluntarily returns the tangible cultural heritage; and

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(3) to expand the market for the products (A) the Native American Graves Protection (e) APPLICABILITY OF FEDERAL ADVISORY of Indian art and craftsmanship in accord- and Repatriation Act (25 U.S.C. 3001 et seq.) COMMITTEE ACT.—The Federal Advisory ance with section 2 of the Act of August 27, (including section 1170 of title 18, United Committee Act (5 U.S.C. App.) shall not 1935 (49 Stat. 891, chapter 748; 25 U.S.C. 305a) States Code, as added by that Act); apply to the Native working group convened (commonly known as the ‘‘Indian Arts and (B) the Archaeological Resources Protec- under subsection (a). Crafts Act’’). tion Act of 1979 (16 U.S.C. 470aa et seq.); and SEC. 9. TREATMENT UNDER FREEDOM OF INFOR- SEC. 6. VOLUNTARY RETURN OF TANGIBLE CUL- (C) other relevant Federal laws. MATION ACT. TURAL HERITAGE. (c) RESPONSIBILITIES.—The interagency (a) IN GENERAL.—Except as provided in (a) LIAISON.—The Secretary and the Sec- working group convened under subsection (a) subsection (c), the following information retary of State shall each designate a liaison shall— shall be exempt from disclosure under sec- to facilitate the voluntary return of tangible (1) aid in implementation of this Act and tion 552 of title 5, United States Code: cultural heritage. the amendments made by this Act, including (1) Information that a representative of an (b) TRAININGS AND WORKSHOPS.—The liai- by aiding in— Indian Tribe or Native Hawaiian organiza- sons designated under subsection (a) shall (A) the voluntary return of tangible cul- tion— offer to representatives of Indian Tribes and tural heritage under section 6; and (A) submits to a Federal agency pursuant Native Hawaiian organizations and collec- (B) halting international sales of items to this Act or an amendment made by this tors, dealers, and other individuals and orga- that are prohibited from being trafficked Act; and nizations trainings and workshops regarding under Federal law; and (B) designates as sensitive or private ac- the voluntary return of tangible cultural (2) collaborate with— cording to Native American custom, law, heritage. (A) the Native working group convened culture, or religion. (c) REFERRALS.— under section 8(a); (2) Information that any person submits to (1) IN GENERAL.—The Secretary shall refer (B) the review committee established a Federal agency pursuant to this Act or an individuals and organizations to 1 or more under section 8(a) of the Native American amendment made by this Act that relates to Indian Tribes and Native Hawaiian organiza- Graves Protection and Repatriation Act (25 an item for which an export certification is tions with a cultural affiliation to tangible U.S.C. 3006(a)); denied under this Act. cultural heritage for the purpose of facili- (C) the Cultural Heritage Coordinating (b) APPLICABILITY.—For purposes of sub- tating the voluntary return of tangible cul- Committee established pursuant to section 2 section (a), this Act shall be considered a tural heritage. of the Protect and Preserve International statute described in section 552(b)(3)(B) of (2) REFERRAL REPRESENTATIVES.—The Sec- Cultural Property Act (Public Law 114–151; 19 title 5, United States Code. retary shall compile a list of representatives U.S.C. 2601 note); and (c) EXCEPTION.—An Indian Tribe or Native from each Indian Tribe and Native Hawaiian (D) any other relevant committees and Hawaiian organization may request and shall organization for purposes of referral under working groups. receive its own information, as described in paragraph (1). SEC. 8. NATIVE WORKING GROUP. subsection (a), from the Federal agency to (3) CONSULTATION.—The Secretary shall (a) IN GENERAL.—The Secretary shall con- which the Indian Tribe or Native Hawaiian consult with Indian Tribes, Native Hawaiian vene a Native working group consisting of organization submitted the information. organizations, and the Native working group not fewer than 12 representatives of Indian SEC. 10. REGULATIONS. convened under section 8(a) before making a Tribes and Native Hawaiian organizations (a) IN GENERAL.—Not later than 1 year referral under paragraph (1). with relevant expertise, who shall be nomi- after the date of enactment of this Act, the (4) THIRD-PARTY EXPERTS.—The Secretary nated by Indian Tribes and Native Hawaiian Secretary, in consultation with the Sec- may use third parties with relevant exper- organizations, to advise the Federal Govern- retary of State, the Secretary of Homeland tise, including institutions of higher edu- ment in accordance with this section. Security, and the Attorney General, and cation, museums, dealers, and collector or- (b) RECOMMENDATIONS.—The Native work- after consultation with Indian Tribes and ganizations, in determining to which Indian ing group convened under subsection (a) may Native Hawaiian organizations, shall pro- Tribe or Native Hawaiian organization an in- provide recommendations regarding— mulgate rules and regulations to carry out dividual or organization should be referred (1) the voluntary return of tangible cul- this Act. under paragraph (1). tural heritage by collectors, dealers, and (b) INCLUSION.—The regulations promul- (d) LEGAL LIABILITY.—Nothing in this sec- other individuals and non-Federal organiza- gated by the Secretary pursuant to sub- tion imposes on any individual or entity any tions that hold such tangible cultural herit- section (a) shall include a reasonable dead- additional penalties or legal liability. age; and line by which the Secretary shall approve or (e) TAX DOCUMENTATION.—In facilitating (2) the elimination of illegal commerce of deny an export certification application the voluntary return of tangible cultural cultural items and archaeological resources under section 5(b). heritage under this section, the Secretary in the United States and foreign markets. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. shall include provision of tax documentation (c) REQUESTS.—The Native working group There is authorized to be appropriated to for a deductible gift to an Indian Tribe or convened under subsection (a) may make for- carry out this Act $3,000,000 for each of fiscal Native Hawaiian organization, if the recipi- mal requests to initiate certain agency ac- years 2021 through 2026. ent Indian Tribe or Native Hawaiian organi- tions, including requests that— f zation consents to the provision of tax docu- (1) the Department of Justice initiate judi- mentation. cial proceedings domestically or abroad to ORDER OF BUSINESS (f) REPATRIATION UNDER NATIVE AMERICAN aid in the repatriation cultural items and ar- Mr. SCHUMER. Mr. President, I ask GRAVES PROTECTION AND REPATRIATION chaeological resources; and unanimous consent that upon the con- ACT.—The voluntary return provisions of (2) the Department of State initiate dia- clusion of morning business on Janu- this section shall apply to a specific item of logue through diplomatic channels to aid in tangible cultural heritage only to the extent that repatriation. ary 25, the Senate proceed to executive that the repatriation provisions under sec- (d) AGENCY AND COMMITTEE ASSISTANCE.— session to consider the following nomi- tion 7 of the Native American Graves Protec- (1) IN GENERAL.—On request by the Native nation: Executive Calendar No. 2, the tion and Repatriation Act (25 U.S.C. 3005) do working group convened under subsection nomination of Janet Yellen to be the not apply to the item of tangible cultural (a), the agencies and committees described Secretary of the Treasury; further, heritage. in paragraph (2) shall make efforts to provide that the time until 5:30 be equally di- SEC. 7. INTERAGENCY WORKING GROUP. information and assistance to the Native vided between the two leaders or their (a) IN GENERAL.—The Secretary shall des- working group. designees, and that at 5:30 the Senate (2) DESCRIPTION OF AGENCIES AND COMMIT- ignate a coordinating office to convene an vote without intervening action or de- interagency working group consisting of rep- TEES.—The agencies and committees referred resentatives from the Departments of the In- to in paragraph (1) are the following: bate on the nomination; that if con- terior, Justice, State, and Homeland Secu- (A) The Department of the Interior. firmed, the motion to reconsider be rity. (B) The Department of Justice. considered made and laid upon the (b) GOALS.—The goals of the interagency (C) The Department of Homeland Security. table and the President be immediately working group convened under subsection (a) (D) The Department of State. notified of the Senate’s action. are— (E) The review committee established The PRESIDING OFFICER. Without (1) to facilitate the repatriation to Indian under section 8(a) of the Native American objection, it is so ordered. Tribes and Native Hawaiian organizations of Graves Protection and Repatriation Act (25 items that have been illegally removed or U.S.C. 3006(a)). f trafficked in violation of applicable law; (F) The Cultural Heritage Coordinating ORDERS FOR MONDAY, JANUARY (2) to protect tangible cultural heritage, Committee established pursuant to section 2 25, 2021 cultural items, and archaeological resources of the Protect and Preserve International still in the possession of Indian Tribes and Cultural Property Act (Public Law 114–151; 19 Mr. SCHUMER. Mr. President, I ask Native Hawaiian organizations; and U.S.C. 2601 note). unanimous consent that when the Sen- (3) to improve the implementation by the (G) Any other relevant Federal agency, ate completes its business today, it ad- applicable Federal agencies of— committee, or working group. journ until 3 p.m., Monday, January 25;

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HIGHLIGHTS Senate confirmed the nomination of Lloyd James Austin, of Georgia, to be Secretary of Defense. Senate Chamber Action Executive Communications: Pages S103–04 Statements on Introduced Bills/Resolutions: Routine Proceedings, pages S95–S112 Pages S105–07 Measures Introduced: Twenty-two bills and nine Additional Statements: Page S103 resolutions were introduced, as follows: S. 14–35, S.J. Res. 1–5, S. Res. 12–14, and S. Con. Res. 3. Authorities for Committees to Meet: Pages S104–05, S107 Pages S107–08 Yellen Nomination—Agreement: A unanimous- Record Votes: One record vote was taken today. consent-time agreement was reached providing that (Total—5) Pages S98–99 at approximately 3 p.m., on Monday, January 25, Adjournment: Senate convened at 10 a.m. and ad- 2021, Senate begin consideration of the nomination journed at 6:11 p.m., until 3 p.m. on Monday, Janu- of Janet Louise Yellen, of California, to be Secretary ary 25, 2021. (For Senate’s program, see the remarks of the Treasury; with the time until 5:30 p.m., of the Majority Leader in today’s Record on pages equally divided between the two Leaders, or their S111–12.) designees; and that at 5:30 p.m., Senate vote, with- out intervening action or debate, on confirmation of the nomination. Page S111 Committee Meetings Nomination Confirmed: Senate confirmed the fol- (Committees not listed did not meet) lowing nomination: By 93 yeas to 2 nays (Vote No. EX. 5), Lloyd BUSINESS MEETING James Austin, of Georgia, to be Secretary of Defense. Committee on Finance: Committee ordered favorably Pages S97–99, S112 reported the nomination of Janet Louise Yellen, of Messages from the House: Page S103 California, to be Secretary of the Treasury.

D54

VerDate Sep 11 2014 01:45 Jan 23, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D22JA1.REC D22JAPT1 ctelli on DSK11ZRN23PROD with DIGEST January 22, 2021 CONGRESSIONAL RECORD — DAILY DIGEST D55 House of Representatives During the balance of the week, Senate may con- Chamber Action sider any cleared legislative and executive business. The House was not in session today. The House is scheduled to meet in Pro Forma session at 1:30 Senate Committees p.m. on Monday, January 25, 2021. (Committee meetings are open unless otherwise indicated) Committee on Banking, Housing, and Urban Affairs: Janu- Committee Meetings ary 28, to hold hearings to examine the nominations of No hearings were held. Marcia Louise Fudge, of Ohio, to be Secretary of Housing and Urban Development, and Cecilia Elena Rouse, of New Jersey, to be Chairman of the Council of Economic Joint Meetings Advisers, 10 a.m., WEBEX. No joint committee meetings were held. Committee on Commerce, Science, and Transportation: Janu- ary 26, to hold hearings to examine the nomination of f Gina Marie Raimondo, of Rhode Island, to be Secretary NEW PUBLIC LAWS of Commerce, 10 a.m., SR–253. Committee on Energy and Natural Resources: January 27, (For last listing of Public Laws, see DAILY DIGEST, p. D40) to hold hearings to examine the nomination of Jennifer H.R. 335, to provide for an exception to a limita- Mulhern Granholm, of Michigan, to be Secretary of En- tion against appointment of persons as Secretary of ergy, 9:30 a.m., SD–106. Defense within seven years of relief from active duty Committee on Foreign Relations: January 26, business as a regular commissioned officer of the Armed meeting to consider pending calendar business, 10 a.m., Forces. Signed on January 22, 2021. (Public Law SD–106. 117–1) January 27, Full Committee, to hold hearings to exam- ine the nomination of Linda Thomas-Greenfield, of Lou- f isiana, to be the Representative of the United States of COMMITTEE MEETINGS FOR MONDAY, America to the United Nations, with the rank and status JANUARY 25, 2021 of the Ambassador, and the Representative of the United States of America in the Security Council of the United (Committee meetings are open unless otherwise indicated) Nations, and to be Representative of the United States of Senate America to the Sessions of the General Assembly of the United Nations during her tenure of service as Represent- No meetings/hearings scheduled. ative of the United States of America to the United Na- tions, 10 a.m., SR–325. House Committee on Homeland Security and Governmental Affairs: No hearings are scheduled. January 26, business meeting to consider the nomination f of Alejandro Nicholas Mayorkas, of the District of Co- lumbia, to be Secretary of Homeland Security, 11 a.m., CONGRESSIONAL PROGRAM AHEAD SD–342. Committee on Veterans’ Affairs: January 27, organiza- Week of January 25 through January 29, 2021 tional business meeting to consider committee rules and Senate Chamber an original resolution authorizing expenditures by the committee for the 117th Congress; to be immediately fol- On Monday, at 3 p.m., Senate will begin consider- lowed by a hearing to examine the nomination of Denis ation of the nomination of Janet Louise Yellen, of Richard McDonough, of Maryland, to be Secretary of California, to be Secretary of the Treasury, and vote Veterans Affairs, 3 p.m., SD–106. on confirmation thereon at 5:30 p.m. At 7 p.m., Senate expects the House managers to House Committees present the Articles of Impeachment against Donald Committee on Energy and Commerce, January 26, Full John Trump, former President of the United States. Committee, organizational meeting, 1 p.m., Webex.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, January 25 1:30 p.m., Monday, January 25

Senate Chamber House Chamber Program for Monday: Senate will begin consideration of Program for Monday: House will meet in Pro Forma the nomination of Janet Louise Yellen, of California, to session at 1:30 p.m. be Secretary of the Treasury, and vote on confirmation thereon at 5:30 p.m. At 7 p.m., Senate expects the House managers to present the Articles of Impeachment against Donald John Trump, former President of the United States.

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