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

Vol. 165 WASHINGTON, TUESDAY, JUNE 18, 2019 No. 102 House of Representatives The House met at noon and was France, to observe the 75th anniversary Despite its stellar performance, the called to order by the Speaker pro tem- of the D-day invasion. It was a solemn relative strength of the GI Bill deterio- pore (Mr. BEYER). moment to rightly honor the sacrifice rated in the late 20th century. By 2008, f and courage of the combined Armed it was clear that tuition assistance and Forces of the Allied Powers, who, from living stipends had not kept pace with DESIGNATION OF SPEAKER PRO that moment, launched the final, deci- the rising cost of a college education. TEMPORE sive assault that eventually destroyed As a freshman Congressman in the The SPEAKER pro tempore laid be- the Axis Powers’ murderous strangle- House Armed Services Committee at fore the House the following commu- hold on Europe and Asia. the time, I heard from returning Iraq nication from the Speaker: Mr. Speaker, another 75th anniver- and Afghan vets who were forced to WASHINGTON, DC, sary surrounding the epic effort to save choose between dropping out of school June 18, 2019. democracy will occur in 4 days, this or shouldering the burden of daunting I hereby appoint the Honorable DONALD S. Saturday, June 22. On that day 75 years student loans. To fix this decline, we BEYER, Jr. to act as Speaker pro tempore on ago, President Franklin Roosevelt passed the Post-9/11 GI Bill, which was this day. signed into law the Servicemen’s Read- signed into law by George Bush on NANCY PELOSI, justment Act, more commonly known June 30, 2008. Speaker of the House of Representatives. as the GI Bill. That landmark measure The updated law boosted tuition to f would provide both college tuition and match the cost of a 4-year public uni- MESSAGE FROM THE PRESIDENT a stipend for returning servicemembers versity in servicemembers’ home who, as FDR said at the time, ‘‘have States and increased the living stipend A message in writing from the Presi- been compelled to make greater eco- to keep faith with the original law. It dent of the United States was commu- nomic sacrifice and every other kind of also allowed GI benefits to be trans- nicated to the House by Ms. Mariel sacrifice than the rest of us.’’ ferred to a spouse or dependent child, a Ridgway, one of his secretaries. Even though the war would rage on groundbreaking change which trans- f for another year, leaders in Wash- formed the value of military service for MORNING-HOUR DEBATE ington wisely recognized that millions families. of young soldiers, sailors, and airmen After the bill signing, I flew to Iraq The SPEAKER pro tempore. Pursu- would soon be returning back into ci- in late 2008 for a committee visit and ant to the order of the House of Janu- vilian life; and for their sake and for vividly recall being surrounded by sol- ary 3, 2019, the Chair will now recog- the sake of a healthy postwar econ- diers bursting with questions about nize Members from lists submitted by omy, creating this educational path- when and how the new law would be the majority and minority leaders for way made tremendous sense. implemented. Since then, it has be- morning-hour debate. In the 75 years since the GI Bill was come clear that the transferability of The Chair will alternate recognition signed into law, it is now recognized as the GI Bill has been an enormous mo- between the parties. All time shall be one of the most successful pieces of do- rale booster and a valuable incentive to equally allocated between the parties, mestic legislation ever enacted. The enlist and remain in service. and in no event shall debate continue postwar economic boom and the blos- Unfortunately, Mr. Speaker, the beyond 1:50 p.m. Each Member, other soming of the American middle class Trump Department of Defense an- than the majority and minority leaders have both been attributed, in part, to nounced a new policy last July which and the minority whip, shall be limited the GI Bill. would arbitrarily cut off servicemem- to 5 minutes. Many renown Americans, including bers with more than 16 years of service f Bob Dole, Johnny Carson, Harry from transferring their Post-9/11 GI Belafonte, William Rehnquist, and benefits to eligible family members. AMERICANS SUPPORT THE GI BILL Clint Eastwood, were beneficiaries of We were told at the time that the De- The SPEAKER pro tempore. The the GI Bill. partment viewed this as a shrewd cost- Chair recognizes the gentleman from Economic studies have shown that, cutting measure. Connecticut (Mr. COURTNEY) for 5 min- for every dollar the government spent However, revoking transferability utes. on the GI Bill, our economy saw nearly breaks our commitment to our most Mr. COURTNEY. Mr. Speaker, 12 $7 in return of additional economic dedicated and seasoned servicemem- days ago, the eyes of the world were fo- output in tax revenues from income bers and their families. In addition, in cused on the beaches of Normandy, growth. a tight, lean labor market, it remains

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.000 H18JNPT1 H4704 CONGRESSIONAL RECORD — HOUSE June 18, 2019 critically important to attract and re- nimity that these weeks of appropria- dress the House for 1 minute and to retain the best qualified individuals for tions might issue forth in solutions vise and extend his remarks.) military service. that benefit the Nation. Mr. WILSON of South Carolina. Mr. I believe it sends exactly the wrong May all that is done be for Your Speaker, yesterday, the National Nu- message to some of our most seasoned greater honor and glory. clear Security Administration an- servicemembers who may have married Amen. nounced a $5 million investment in late in life or started their families f workforce development at the Savan- later, to make them ineligible for in- THE JOURNAL nah River Site in South Carolina to centives, to continue their service to create jobs. our Nation. The SPEAKER pro tempore. The Chair has examined the Journal of the We are grateful that the Undersecre- Two weeks after the Pentagon re- last day’s proceedings and announces tary for Nuclear Security at the De- leased this policy, 83 of my colleagues to the House his approval thereof. partment of Energy and Administrator in the House joined me in a letter that Pursuant to clause 1, rule I, the Jour- of NNSA Lisa Gordon-Hagerty an- I wrote to Secretary Mattis objecting nal stands approved. nounced the investment through the to this change and calling for its rever- Workforce Opportunities in Regional f sal. So far, DOD has refused to budge. Careers with the Savannah River Site Mr. Speaker, I have some good news PLEDGE OF ALLEGIANCE Community Reuse Organization for to report today. With the cutoff due to The SPEAKER pro tempore. Will the Aiken Technical College, Augusta go into effect next month, the House gentleman from Ohio (Mr. DAVIDSON) Technical College, University of South Armed Services Committee last week come forward and lead the House in the Carolina Aiken, Augusta University, unanimously passed my amendment to Pledge of Allegiance. and the University of South Carolina the 2020 National Defense Authoriza- Mr. DAVIDSON of Ohio led the Salkehatchie. tion Act, which would block the Sec- Pledge of Allegiance as follows: I thank Rick McLeod, David Jame- retary of Defense from restricting GI I pledge allegiance to the Flag of the son, Dr. Sandra Jordan, Dr. Forest Bill transferability based on a max- United States of America, and to the Repub- Mahan, and Congressman RICK ALLEN. imum number of years of service. lic for which it stands, one nation under God, We appreciate their commitment to As Congress took action 75 years ago indivisible, with liberty and justice for all. partnership and look forward to con- to create the GI Bill benefit, today it is f tinuing to work together. our job to restore the hard-fought mod- HOUR OF MEETING ON TOMORROW In conclusion, God bless our troops, ernized GI Bill of 2008. That is even Mr. THOMPSON of California. Mr. and we will never forget September the more the case today at a time of an 11th in the global war on terrorism. All-Volunteer Force. If a servicemem- Speaker, I ask unanimous consent that ber demonstrates that they are ready, when the House adjourns today, it ad- f able, and willing to continue their journ to meet at 10 a.m. tomorrow. The SPEAKER pro tempore. Is there service to our Nation, we should uphold objection to the request of the gen- our end of the commitment. HONORING U.S. ARMY RANGERS tleman from California? To paraphrase President Roosevelt’s There was no objection. (Mr. DAVIDSON of Ohio asked and words 75 years ago when he signed the was given permission to address the Servicemen’s Readjustment Act, pro- f House for 1 minute and to revise and tecting transferability today ‘‘gives RECOGNIZING GUN VIOLENCE extend his remarks.) emphatic notice to the men and women AWARENESS MONTH Mr. DAVIDSON of Ohio. Mr. Speaker, in our Armed Forces that the Amer- (Mr. THOMPSON of California asked United States Ranger history predates ican people do not intend to let them and was given permission to address the Revolutionary War. However, June down.’’ the House for 1 minute.) 19 marks the 77th anniversary of Major f Mr. THOMPSON of California. Mr. William Darby formally organizing and Speaker, I rise today to recognize Gun activating the 1st Ranger Battalion. RECESS Violence Awareness Month. I rise today to honor the exceptional The SPEAKER pro tempore. Pursu- All month members of the Gun Vio- Americans who have volunteered as ant to clause 12(a) of rule I, the Chair lence Prevention Task Force will be Army Rangers, fully knowing the haz- declares the House in recess until 2 coming to the floor to remember those ards of their chosen profession. One of p.m. today. we have lost and to call upon the Sen- the greatest and most humbling honors Accordingly (at 12 o’clock and 6 min- ate to take up H.R. 8, the Bipartisan of my life has been serving our Nation utes p.m.), the House stood in recess. Background Checks Act. in uniform, and particularly, serving in f More than 100 days ago, Democrats the Army Ranger regiment. and Republicans came together to pass b 1400 The Army Ranger legacy is as old as legislation which is supported by more the Republic, going back to Francis AFTER RECESS than 90 percent of the American people. Marion, to Daniel Boone, to great Since the beginning of the year, more Americans like Command Sergeant The recess having expired, the House than 6,500 people have been killed and was called to order by the Speaker pro Major Douglas Greenway, and on to more than 12,500 have been injured by current Active Duty members. tempore (Mr. CLAY) at 2 p.m. someone using a gun. Yet, the Senate It wasn’t until after the Civil War— f refuses to allow a simple up or down more than half a century without mili- vote. PRAYER tary Ranger units—that the U.S. Army On Thursday, activists from around Rangers were officially born. Seventy- The Chaplain, the Reverend Patrick the country will be holding a day of ac- five years ago, fighting on the bitter J. Conroy, offered the following prayer: tion to call on the Senate leadership to and bloody beaches of Normandy, Gracious God, we give You thanks for take up universal background checks. Rangers gained their motto: ‘‘Rangers giving us another day. No more thoughts. No more prayers. lead the way.’’ During these coming weeks of House They want action, and they want a business, we ask Your special blessing vote. Since Pointe du Hoc, Rangers have upon the Members of this assembly The Senate should do the right thing. led the way, from the Japanese POW who return from a long Father’s Day The Senate should pass H.R. 8. camps, to theaters of war, including: Korea, Vietnam, Panama, Operation weekend. Issues of national security, f trade, and the welfare of our citizens Desert Storm, Somalia, Operation En- stand in the balance of the delibera- NATIONAL NUCLEAR SECURITY during Freedom, Operation Iraqi Free- tions of these days. ADMINISTRATION CREATES JOBS dom, and the great war on terror. May each Member be filled with a (Mr. WILSON of South Carolina Today, I honor the elite soldiers serv- surfeit of wisdom, patience, and equa- asked and was given permission to ad- ing our country as U.S. Army Rangers.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.002 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4705 JAKE MANGUM AWARDED C SPIRE free zone. As part of the effort, the city tion 956 of the House Rules and Man- FERRISS TROPHY of Temple Terrace has pledged to take ual, the Chair is constrained not to en- (Mr. GUEST asked and was given per- important steps to crack down on buy- tertain the request unless it has been mission to address the House for 1 ers in the sex trade, which will reduce cleared by the bipartisan floor and minute and to revise and extend his re- the demand for sex workers and de- committee leaderships. Mr. GUEST. Mr. Speaker, I urge the marks.) crease the number of victims traf- Speaker to immediately reschedule Mr. GUEST. Mr. Speaker, today I ficked, specifically. this important bill. recognize an outstanding athlete from Temple Terrace is implementing a zero-tolerance policy where city em- The SPEAKER pro tempore. The gen- the State of Mississippi. Jake Mangum tleman is not recognized for debate. is Mississippi State University’s center ployees will be automatically termi- fielder who has recently led the Bull- nated if they are caught soliciting f dog baseball team to its fourth straight prostitutes. The Temple Terrace Police COMMUNICATION FROM THE Super Regionals and second straight Department has also been encouraged CLERK OF THE HOUSE to increase enforcement against buyers College World Series. The SPEAKER pro tempore laid be- of sex work by conducting more stings. Jake ranks fourth on the all-time fore the House the following commu- And, finally, city staffers are re- NCAA hits list with 380 hits. During nication from the Clerk of the House of quired to take mandatory training on the regular season, Mangum earned a Representatives: how to spot signs of trafficking and 375 batting average, scored 65 runs, and OFFICE OF THE CLERK, totaled 95 base hits, the most in the how to help potential victims. This is a monumental step forward HOUSE OF REPRESENTATIVES, Southeastern Conference. Achieve- Washington, DC, June 18, 2019. for our community, and I am honored ments of this magnitude come only Hon. NANCY PELOSI, with discipline and determination, to join the city of Temple Terrace and The Speaker, House of Representatives, characteristics that all Americans Mayor Mel Jurado in the fight against Washington, DC. DEAR MADAM SPEAKER: Pursuant to the should strive to promote in their ev- human trafficking. f permission granted in Clause 2(h) of Rule II eryday lives. of the Rules of the U.S. House of Representa- I would like to congratulate Jake on STOP OFFENDING BORDER tives, the Clerk received the following mes- this impressive accomplishment and PATROL sage from the Secretary of the Senate on thank him for 4 great years at Mis- June 18, 2019, at 9:05 a.m.: (Mr. ROY asked and was given per- sissippi State. That the Senate passed without amend- mission to address the House for 1 I wish him and the Bulldogs the best ment H.R. 3151. minute and to revise and extend his re- With best wishes, I am of luck in Omaha. marks.) Sincerely, Hail State. Mr. ROY. Mr. Speaker, I rise today CHERYL L. JOHNSON. f troubled that one of my colleagues on f MALICIOUS BEHAVIOR FROM IRAN the other side of the aisle compared the b 1415 activities of the United States Govern- (Mr. BANKS asked and was given ment and Border Patrol on the south- CONTINUATION OF THE NATIONAL permission to address the House for 1 ern border of the United States to con- EMERGENCY WITH RESPECT TO minute.) centration camps. THE WESTERN BALKANS—MES- Mr. BANKS. Mr. Speaker, I rise For the life me, I cannot understand SAGE FROM THE PRESIDENT OF today to address the most recent pat- why we have allowed discourse to get THE UNITED STATES (H. DOC. tern of malicious behavior coming to this place where the efforts by Bor- NO. 116–41) from Iran. der Patrol to secure our border, to The SPEAKER pro tempore laid be- Recently, Speaker PELOSI said that house children, to house women, to fore the House the following message President Trump: ‘‘. . . inflames the house families, to deal with the fact from the President of the United U.S.-Iran issue.’’ Respectfully, I that the cartels are attacking our bor- States; which was read and, together couldn’t disagree more. The Iranians der and profiting while doing it, and with the accompanying papers, referred are the ones inflaming the relationship trying to care for these people while we to the Committee on Foreign Affairs by attacking commercial vessels, des- are trying to enforce our laws, com- and ordered to be printed: ignating U.S. troops in the Middle East paring that to the horrors of World as terrorists, challenging the freedom To the Congress of the United States: War II, and saying that my friend Hec- Section 202(d) of the National Emer- of navigation in the Persian Gulf, and tor Garza is somehow the Gestapo gencies Act (50 U.S.C. 1622(d)) provides intending to surpass uranium stockpile today, and comparing what is hap- for the automatic termination of a na- limits in just days. pening at the border to concentration tional emergency unless, within 90 Mr. Speaker, we cannot turn a blind camps. days before the anniversary date of its eye to the hostile actions of Iran. The I am really troubled and offended, declaration, the President publishes in President is right to end the failed and I think that the people of south the Federal Register and transmits to Obama-era strategy of appeasement to- Texas and Border Patrol are offended the Congress a notice stating that the ward Iran, and to call for our allies to after what they are doing to try to de- emergency is to continue in effect be- stand up to this regime’s threatening fend the United States of America yond the anniversary date. In accord- behavior. against cartels attacking the United ance with this provision, I have sent to I stand with the President and urge States and profiting by moving people the Federal Register for publication the my colleagues to do the same, to pro- across the border. enclosed notice stating that the na- tect Americans’ security and economic f tional emergency with respect to the interest in the region. Western Balkans that was declared in REQUEST TO CONSIDER H.R. 962, f Executive Order 13219 of June 26, 2001, BORN-ALIVE ABORTION SUR- is to continue in effect beyond June 26, TEMPLE TERRACE DECLARES VIVORS PROTECTION ACT 2019. ITSELF A TRAFFICKING-FREE Mr. GUEST. Mr. Speaker, I ask unan- The threat constituted by the actions ZONE imous consent that the Committee on of persons engaged in, or assisting, (Mr. SPANO asked and was given per- the Judiciary be discharged from fur- sponsoring, or supporting (i) extremist mission to address the House for 1 ther consideration of H.R. 962, the violence in the former Republic of Mac- minute and to revise and extend his re- Born-Alive Abortion Survivors Protec- edonia (what is now the Republic of marks.) tion Act, and ask for its immediate North Macedonia) and elsewhere in the Mr. SPANO. Mr. Speaker, I rise consideration in the House. Western Balkans region, or (ii) acts ob- today to commend the city of Temple The SPEAKER pro tempore. Under structing implementation of the Day- Terrace and Mayor Mel Jurado for offi- guidelines consistently issued by suc- ton Accords in Bosnia or United Na- cially declaring the city a trafficking- cessive Speakers, as recorded in sections Security Council Resolution 1244

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.006 H18JNPT1 H4706 CONGRESSIONAL RECORD — HOUSE June 18, 2019 of June 10, 1999, in Kosovo, has not Access, and Strengthening Accountability (C) in subparagraph (B)— been resolved. In addition, Executive Act of 2019’’. (i) in clause (i), by striking ‘‘and’’ at the Order 13219 was amended by Executive (b) TABLE OF CONTENTS.—The table of con- end; Order 13304 of May 28, 2003, to take ad- tents for this Act is as follows: (ii) in clause (ii), by striking the period at Sec. 1. Short title; Table of contents. the end and inserting a semicolon; and ditional steps with respect to acts ob- (iii) by adding at the end the following: structing implementation of the Ohrid Sec. 2. Extension of Money Follows the Per- son Rebalancing Demonstra- ‘‘(iii) include a work plan that describes for Framework Agreement of 2001 relating tion. each Federal fiscal year that occurs during to the former Republic of Macedonia Sec. 3. Clarifying authority of State Med- the proposed MFP demonstration project— (what is now the Republic of North icaid fraud and abuse control ‘‘(I) the use of grant funds for each pro- Macedonia). units to investigate and pros- posed initiative that is designed to accom- The acts of extremist violence and ecute cases of Medicaid patient plish the objective described in subsection (a)(1), including a funding source for each ac- obstructionist activity outlined in abuse and neglect in any setting. tivity that is part of each such proposed ini- these Executive Orders are hostile to tiative; United States interests and continue to Sec. 4. Extension of protection for Medicaid recipients of home and commu- ‘‘(II) an evaluation plan that identifies expected results for each such proposed initia- pose an unusual and extraordinary nity-based services against tive; and threat to the national security and for- spousal impoverishment. ‘‘(III) a sustainability plan for components eign policy of the United States. For Sec. 5. Extension of the Community Mental of such proposed initiatives that are in- this reason, I have determined that it Health Services Demonstration tended to improve transitions, which shall be Program. is necessary to continue the national updated with actual expenditure information Sec. 6. Preventing inappropriately low re- emergency with respect to the Western for each Federal fiscal year that occurs dur- bates under Medicaid drug re- Balkans. ing the MFP demonstration project; and bate program. DONALD J. TRUMP. ‘‘(iv) contain assurances that grant funds Sec. 7. Medicaid Improvement Fund. THE WHITE HOUSE, June 18, 2019. used to accomplish the objective described in Sec. 8. Determination of budgetary effects. f subsection (a)(1) shall be obligated not later SEC. 2. EXTENSION OF MONEY FOLLOWS THE than 24 months after the date on which the PERSON REBALANCING DEM- funds are awarded and shall be expended not RECESS ONSTRATION. later than 60 months after the date on which (a) IN GENERAL.— The SPEAKER pro tempore. Pursu- the funds are awarded (unless the Secretary (1) FUNDING.—Section 6071(h) of the Deficit ant to clause 12(a) of rule I, the Chair approves a waiver of either such require- Reduction Act of 2005 (42 U.S.C. 1396a note) is declares the House in recess until ap- ment).’’; and amended— proximately 2:45 p.m. today. (3) in paragraph (13)— (A) in paragraph (1)— (A) in subparagraph (A), by striking ‘‘; Accordingly (at 2 o’clock and 16 min- (i) in subparagraph (E), by striking ‘‘and’’ and’’ and inserting ‘‘, and in such manner as utes p.m.), the House stood in recess. at the end; will meet the reporting requirements set (ii) in subparagraph (F)— f forth for the Transformed Medicaid Statis- (I) by striking ‘‘subject to paragraph (3), tical Management Information System (T– b 1445 132,000,000’’ and inserting ‘‘$132,000,000’’; and MSIS);’’; (II) by striking the period at the end and AFTER RECESS (B) by redesignating subparagraph (B) as inserting a semicolon; and subparagraph (D); and The recess having expired, the House (iii) by adding at the end the following new (C) by inserting after subparagraph (A) the subparagraphs: was called to order by the Speaker pro following: ‘‘(G) $417,000,000 for fiscal year 2020; tempore (Mr. CLAY) at 2 o’clock and 45 ‘‘(B) the State shall report on a quarterly ‘‘(H) $450,000,000 for each of fiscal years 2021 minutes p.m. basis on the use of grant funds by distinct through 2023; and activity, as described in the approved work f ‘‘(I) $225,000,000 for fiscal year 2024.’’; plan, and by specific population as targeted (B) in paragraph (2)— ANNOUNCEMENT BY THE SPEAKER by the State; (i) by striking ‘‘Subject to paragraph (3), PRO TEMPORE ‘‘(C) if the State fails to report the infor- amounts’’ and inserting ‘‘Amounts’’; and mation required under subparagraph (B), The SPEAKER pro tempore. Pursu- (ii) by striking ‘‘2021’’ and inserting ‘‘2024’’; fails to report such information on a quar- and ant to clause 8 of rule XX, the Chair terly basis, or fails to make progress under (C) by striking paragraph (3). will postpone further proceedings the approved work plan, the State shall im- (2) RESEARCH AND EVALUATION.—Section today on the motion to suspend the plement a corrective action plan and any 6071(g) of the Deficit Reduction Act of 2005 rules on which a recorded vote or the lack of progress under the approved work (42 U.S.C. 1396a note) is amended— plan may result in withholding of grant yeas and nays are ordered, or if the (A) in paragraph (2), by striking ‘‘2016’’ and funds made available to the State; and’’. vote is objected to under clause 6 of inserting ‘‘2024’’; and (d) FUNDING FOR QUALITY ASSURANCE AND rule XX. (B) in paragraph (3), by inserting ‘‘and for IMPROVEMENT; TECHNICAL ASSISTANCE; OVER- The House will resume proceedings each of fiscal years 2019 through 2024,’’ after SIGHT.—Section 6071(f) of the Deficit Reduc- on the postponed question at a later ‘‘2016,’’. tion Act of 2005 (42 U.S.C. 1396a note) is time. (b) CHANGES TO INSTITUTIONAL RESIDENCY amended by striking paragraph (2) and in- PERIOD REQUIREMENT.— f serting the following: (1) IN GENERAL.—Section 6071(b)(2) of the ‘‘(2) FUNDING.—From the amounts appro- EMPOWERING BENEFICIARIES, EN- Deficit Reduction Act of 2005 (42 U.S.C. 1396a priated under subsection (h)(1) for each of SURING ACCESS, AND note) is amended— fiscal years 2019 through 2024, $1,000,000 shall (A) in subparagraph (A)(i), by striking ‘‘90’’ be available to the Secretary for each such STRENGTHENING ACCOUNT- and inserting ‘‘60’’; and ABILITY ACT OF 2019 fiscal year to carry out this subsection.’’. (B) by striking the flush sentence after (e) BEST PRACTICES EVALUATION.—Section Mrs. DINGELL. Mr. Speaker, I move subparagraph (B). 6071 of the Deficit Reduction Act of 2005 (42 to suspend the rules and pass the bill (2) EFFECTIVE DATE.—The amendments U.S.C. 1396a note) is amended by adding at (H.R. 3253) to provide for certain exten- made by paragraph (1) shall take effect on the end the following: the date that is 30 days after the date of the ‘‘(i) BEST PRACTICES.— sions with respect to the Medicaid pro- enactment of this Act. ‘‘(1) REPORT.—The Secretary, directly or gram under title XIX of the Social Se- (c) UPDATES TO STATE APPLICATION RE- through grant or contract, shall submit a re- curity Act, and for other purposes, as QUIREMENTS.—Section 6071(c) of the Deficit port to the President and Congress not later amended. Reduction Act of 2005 (42 U.S.C. 1396a note) is than September 30, 2020, that contains find- The Clerk read the title of the bill. amended— ings and conclusions on best practices from The text of the bill is as follows: (1) in paragraph (3), by striking ‘‘, which the State MFP demonstration projects car- shall include’’ and all that follows through ried out with grants made under this section. H.R. 3253 ‘‘2007’’; The report shall include information and Be it enacted by the Senate and House of Rep- (2) in paragraph (7)— analyses with respect to the following: resentatives of the United States of America in (A) in the paragraph heading, by striking ‘‘(A) The most effective State strategies Congress assembled, ‘‘REBALANCING’’ and inserting ‘‘EXPENDI- for transitioning beneficiaries from institu- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. TURES’’; tional to qualified community settings car- (a) SHORT TITLE.—This Act may be cited as (B) in subparagraph (A), by adding ‘‘and’’ ried out under the State MFP demonstration the ‘‘Empowering Beneficiaries, Ensuring at the end; and projects and how such strategies may vary

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for different types of beneficiaries, such as (g) APPLICATION TO CURRENT PROJECTS.— (b) ELIMINATING MANUFACTURERS FROM beneficiaries who are aged, physically dis- Not later than 1 year after the date of the DEFINITION OF WHOLESALER.—Section abled, intellectually or developmentally dis- enactment of this Act, any State with an ap- 1927(k)(11) of the Social Security Act (42 abled, or individuals with serious mental ill- proved MFP demonstration project under U.S.C. 1396r–8(k)(11)) is amended— nesses, and other targeted waiver beneficiary section 6071 of the Deficit Reduction Act of (1) by striking ‘‘manufacturers,’’; and populations. 2005 (42 U.S.C. 1396a note) on the date of the (2) by striking ‘‘manufacturer’s and’’. ‘‘(B) The most common and the most effec- enactment of this Act shall submit a revised (c) EFFECTIVE DATE.—The amendments tive State uses of grant funds carried out application to the Secretary that contains made by this section shall apply with respect under the State MFP demonstration projects the same information and assurances as are to covered outpatient drugs dispensed on or for transitioning beneficiaries from institu- required for any new State applicant under after January 1, 2020. tional to qualified community settings and the amendments made by this section. SEC. 7. MEDICAID IMPROVEMENT FUND. improving health outcomes, including dif- SEC. 3. CLARIFYING AUTHORITY OF STATE MED- Section 1941(b)(1) of the Social Security ferentiating funding for current initiatives ICAID FRAUD AND ABUSE CONTROL Act (42 U.S.C. 1396w–1(b)(1)) is amended by UNITS TO INVESTIGATE AND PROS- that are designed for such purpose and fund- striking ‘‘$6,000,000’’ and inserting ing for proposed initiatives that are designed ECUTE CASES OF MEDICAID PA- TIENT ABUSE AND NEGLECT IN ANY ‘‘$45,500,000’’. for such purpose. SETTING. SEC. 8. DETERMINATION OF BUDGETARY EF- ‘‘(C) The most effective State approaches (a) IN GENERAL.—Section 1903(q)(4)(A)(ii) of FECTS. carried out under State MFP demonstration the Social Security Act (42 U.S.C. The budgetary effects of this Act, for the projects for improving person-centered care 1396b(q)(4)(A)(ii)) is amended by inserting purpose of complying with the Statutory and planning. after ‘‘patients residing in board and care fa- Pay-As-You-Go Act of 2010, shall be deter- ‘‘(D) Identification of program, financing, cilities’’ the following: ‘‘and of patients (who mined by reference to the latest statement and other flexibilities available under the are receiving medical assistance under the titled ‘‘Budgetary Effects of PAYGO Legisla- State MFP demonstration projects, that are State plan under this title) in a noninstitu- tion’’ for this Act, submitted for printing in not available under the traditional Medicaid tional or other setting’’. the Congressional Record by the Chairman of program, and which directly contributed to (b) AVAILABILITY OF FUNDING.—Section the House Budget Committee, provided that successful transitions and improved health 1903(a)(6) of the Social Security Act (42 such statement has been submitted prior to outcomes under the State MFP demonstra- U.S.C. 1396b(a)(6)) is amended, in the matter the vote on passage. tion projects. following subparagraph (B), by striking ‘‘(as The SPEAKER pro tempore. Pursu- ‘‘(E) State strategies and financing mecha- found necessary by the Secretary for the nisms for effective coordination of housing elimination of fraud in the provision and ad- ant to the rule, the gentlewoman from financed or supported under State MFP dem- ministration of medical assistance provided Michigan (Mrs. DINGELL) and the gen- onstration projects with local housing au- under the State plan)’’. tleman from Kentucky (Mr. GUTHRIE) thorities and other resources. SEC. 4. EXTENSION OF PROTECTION FOR MED- each will control 20 minutes. ‘‘(F) Effective State approaches for deliv- ICAID RECIPIENTS OF HOME AND The Chair recognizes the gentle- ering Money Follows the Person transition COMMUNITY-BASED SERVICES woman from Michigan. services through managed care entities. AGAINST SPOUSAL IMPOVERISH- ‘‘(G) Other best practices and effective MENT. GENERAL LEAVE transition strategies demonstrated by States (a) IN GENERAL.—Section 2404 of Public Mrs. DINGELL. Mr. Speaker, I ask with approved MFP demonstration projects, Law 111–148 (42 U.S.C. 1396r–5 note) is amend- unanimous consent that all Members as determined by the Secretary. ed by striking ‘‘September 30, 2019’’ and in- may have 5 legislative days in which to ‘‘(H) Identification and analyses of oppor- serting ‘‘March 31, 2024’’. revise and extend their remarks and in- tunities and challenges to integrating effec- (b) RULE OF CONSTRUCTION.—Nothing in section 2404 of Public Law 111–148 (42 U.S.C. clude extraneous material on H.R. 3253. tive Money Follows the Person practices and The SPEAKER pro tempore. Is there State strategies into the traditional Med- 1396r–5 note), section 1924 of the Social Secu- icaid program. rity Act (42 U.S.C. 1396r–5), or section objection to the request of the gentle- ‘‘(2) COLLABORATION.—In preparing the re- 1902(a)(17) of such Act (42 U.S.C. 1396a(a)(17)) woman from Michigan? port required under this subsection, the Sec- shall be construed as prohibiting a State There was no objection. retary shall collect and incorporate informa- from applying an income or resource dis- Mrs. DINGELL. Mr. Speaker, I yield tion from States with approved MFP dem- regard authorized under section 1902(r)(2) of myself such time as I may consume. onstration projects and beneficiaries partici- such Act (42 U.S.C. 1396a(r)(2))— Mr. Speaker, I rise today in support (1) to the income or resources of individ- pating in such projects, and providers par- of H.R. 3253, the Empowering Bene- ticipating in such projects. uals described in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) ficiaries, Ensuring Access, and ‘‘(3) FUNDING.—From the amounts appro- Strengthening Accountability Act of priated under subsection (h)(1) for each of (including a disregard of the income or re- fiscal years 2020 and 2021, not more than sources of such individual’s spouse); or 2019. $300,000 shall be available to the Secretary (2) on the basis of an individual’s need for This Saturday, June 22, marks the for each such fiscal year to carry out this home and community-based services author- 20th anniversary of the landmark Su- subsection.’’. ized under subsection (c), (d), (i), or (k) of preme Court decision in Olmstead, section 1915 of such Act (42 U.S.C. 1396n) or (f) MACPAC REPORT ON QUALIFIED SET- which held that people with disabilities under section 1115 of such Act (42 U.S.C. TINGS CRITERIA.—Section 6071 of the Deficit 1315). must receive services in the most com- Reduction Act of 2005 (42 U.S.C. 1396a note), munity-integrated setting possible. It as amended by subsection (e), is further SEC. 5. EXTENSION OF THE COMMUNITY MENTAL HEALTH SERVICES DEMONSTRA- is fitting that, today, the House of Rep- amended by adding at the end the following: TION PROGRAM. resentatives will pass legislation that ‘‘(j) MACPAC REPORT.—Prior to the final Section 223(d) of the Protecting Access to helps advance the promise of Olmstead implementation date established by the Sec- Medicare Act of 2014 (42 U.S.C. 1396a note) is by ensuring that there are programs in retary for the criteria established for home amended— and community-based settings in section (1) in paragraph (3), by striking ‘‘June 30, place to help people transition to and 441.301(c)(4) of title 42, Code of Federal Regu- 2019’’ and inserting ‘‘December 31, 2021’’; and live in the community with their fami- lations, as part of final implementation of (2) in paragraph (7)(B), by striking ‘‘De- lies and friends, while keeping them the Home and Community Based Services cember 31, 2021’’ and inserting ‘‘June 30, safe from abuse and neglect. (HCBS) Final Rule published on January 16, 2021’’. It also ensures people will continue 2014 (79 Fed. Reg. 2947) (referred to in this SEC. 6. PREVENTING INAPPROPRIATELY LOW RE- to be able to receive mental health and subsection as the ‘HCBS final rule’), the BATES UNDER MEDICAID DRUG RE- substance use disorder treatment when Medicaid and CHIP Payment and Access BATE PROGRAM. Commission (MACPAC) shall submit to Con- (a) PROHIBITING MANUFACTURERS FROM they need it the most, and, finally, it gress a report that— BLENDING AVERAGE MANUFACTURER PRICE OF makes commonsense improvements to ‘‘(1) identifies the types of home and com- BRAND DRUG AND ANY AUTHORIZED GENERIC ensure that drug companies pay their munity-based settings and associated serv- OF SUCH DRUG.—Section 1927(k)(1)(C) of the fair share in rebates to the Medicaid ices that are available to eligible individuals Social Security Act (42 U.S.C. 1396r– program. in both the MFP demonstration program and 8(k)(1)(C)) is amended— I am proud to say that this bill pro- sites in compliance with the HCBS final rule; (1) in the subparagraph heading, by strik- vides much-needed funding to support and ing ‘‘INCLUSION’’ and inserting ‘‘EXCLUSION’’; the highly successful Money Follows ‘‘(2) if determined appropriate by the Com- (2) by striking ‘‘a new drug application’’ mission, recommends policies to align the and inserting ‘‘the manufacturer’s new drug the Person program, while making im- criteria for a qualified residence under sub- application’’; and portant program improvements that section (b)(6) (as in effect on October 1, 2017) (3) by striking ‘‘inclusive’’ and inserting will help the program better serve the with the criteria in the HCBS final rule.’’. ‘‘exclusive’’. people it is intended to help.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.003 H18JNPT1 H4708 CONGRESSIONAL RECORD — HOUSE June 18, 2019 Money Follows the Person helps en- I want to thank Representatives crisis care, better coordinating phys- sure that seniors and people with dis- KENNEDY and JASON SMITH for their ical, mental, and substance abuse abilities are able to live in their homes leadership on this issue. treatment. This provided much-needed and in their communities. It provides I urge my colleagues to support the support to patients and their families. States with vital funding and supports passage of H.R. 3253, and I reserve the In combating opioid addiction, Cer- to ensure that they continue to help balance of my time. tified Community Behavioral Health people move out of institutions. Mr. GUTHRIE. Mr. Speaker, I yield Centers are already making a dif- Earlier this year, I held a roundtable myself such time as I may consume. ference. In the first year of implemen- discussion in my district with patients, Mr. Speaker, I rise today in support tation, these clinics served nearly providers, and advocates to talk about of H.R. 3253, the Empowering Bene- 400,000 patients with serious mental the challenges we face in providing ficiaries, Ensuring Access, and health and addiction disorders, prolong-term care in this country. Every Strengthening Accountability Act of viding 80,000 individuals with lifesaving participant supported reauthorizing 2019. treatment for the first time. Money Follows the Person because it This legislation will extend the Headline after headline tells us we makes it easier for people to get care Money Follows the Person program need to preserve and, importantly, ex- in the setting of their choice. By pass- through 2024. This important program pand access to programs like this. ing this bill today, we are giving hope provides resources to State Medicaid While the bill before us will extend to those who need it. programs to help individuals with funding to programs in eight existing I want to thank my friend and col- chronic conditions and disabilities States for the next 21⁄2 years, our work league, Representative GUTHRIE, for his transition from institutions back into here is far from done. commitment to this program and his local communities if they choose to do People are struggling with the stig- leadership on this issue. It has been an so. ma of mental illness and substance use honor to work with him on it. Money Follows the Person offers a disorder across the country. Every Next, this legislation ensures that choice for individuals who often have American should have access to the partners of people receiving home and very limited options. This program al- same top-notch care as patients in the community-based services will have lows the person to choose where they pilot programs. That is why I will con- the resources they need to meet their would like to receive their care. tinue to be a fierce advocate for expan- living expenses. Without this impor- This legislation will also extend the sion of the Certified Community Be- tant protection, married beneficiaries Spousal Impoverishment program havioral Health Centers program. I would face the awful choice between through 2024. look forward to continue working with impoverishing the spouse or entering H.R. 3253 will also extend the Excel- my colleagues so that we can create an institution. I am proud that we will lence in Mental Health demonstration new opportunities to expand access to be able to further extend this protec- for 2 years. The Excellence Act is de- mental healthcare and conquer the ad- tion. signed to increase Americans’ access to I also want to thank my friend on the diction crisis that has harmed far too community health in substance use other side of the aisle, my fellow many families. treatment services. Mr. GUTHRIE. Mr. Speaker, I yield 3 Michigander, FRED UPTON, for his con- In addition, this bill will clarify the minutes to the gentleman from Michi- tinued leadership and support on this authority of State Medicaid fraud and issue. gan (Mr. WALBERG). H.R. 3253 also ensures that people re- abuse control units. This clarification Mr. WALBERG. Mr. Speaker, I rise ceiving home and community-based will give these important units the au- today in support of H.R. 3253, which services receive the same protections thority to investigate and prosecute takes several important steps to from abuse and neglect as people in abuse and neglect of Medicaid bene- strengthen the Medicaid program; and nursing facilities. By allowing Med- ficiaries in noninstitutional settings, I thank my friends and colleagues, icaid Fraud Control Units to inves- as well as broaden the permissible use Representatives DINGELL and GUTHRIE, tigate home and community-based of Federal Medicaid fraud and abuse for this legislation. services providers as well as nursing fa- control units to screen complaints or I am especially pleased that the bill cilities, this bill extends an important reports alleging potential abuse or ne- includes a piece of bipartisan legisla- protection to some of our most vulner- glect of Medicaid beneficiaries. tion I authored, along with my col- able populations. I have enjoyed working with my colleague from Vermont, Congressman This bipartisan bill would not have league from Michigan, my friend, Mrs. WELCH. been possible without the leadership of DINGELL, and the hard work that she Our legislation broadens the author- Representatives WELCH and WALBERG, has put into this program, both this ity of Medicaid Fraud Control Units to and I want to thank them for their Congress and the previous Congress, to better protect the most vulnerable and hard work to protect Medicaid bene- move this forward. bring bad actors to justice. ficiaries from abuse. Mr. Speaker, I reserve the balance of Medicaid Fraud Control Units are This bill also extends the promising my time. charged with investigating and pros- Excellence in Mental Health dem- Mrs. DINGELL. Mr. Speaker, I yield ecuting State Medicaid provider fraud onstration for an additional 2 years. As 2 minutes to the gentlewoman from and resident abuse complaints in Med- we continue to struggle through the California (Ms. MATSUI). icaid-funded healthcare facilities. Na- opioid epidemic, this program ensures Ms. MATSUI. Mr. Speaker, I rise in tionally, these units contributed to that people with substance use disorder support of the Empowering Bene- 2,500 convictions and $1.8 billion in re- and mental health issues can receive ficiaries, Ensuring Access, and covered funds in 2017 alone. They are a critical treatment when they need it Strengthening Accountability Act of vital instrument of justice for pro- the most. The early results of the dem- 2019 and its provisions extending crit- tecting Medicaid beneficiaries from onstration have been promising, and ical access to mental health and addic- abuse. this extension will allow States to tion treatment. However, current law prevents these build on that success. Let’s be clear: One in five Americans units from investigating cases of pa- I want to thank Representatives live with a mental illness. Nearly all of tient abuse in noninstitutional set- MATSUI and MULLIN for their ongoing us have a friend, a family member, or tings, such as home-based care. It support of this program. neighbor who has been diagnosed. Men- doesn’t make sense. Finally, this legislation adopts a tal illness touches all our lives in some Our committee has heard from States commonsense proposal to ensure drug way. that have had to turn a blind eye to companies pay their fair share in Med- When we passed the Excellence in cases of abuse simply because the icaid rebates. It will help provide addi- Mental Health Act in 2014, we made an abuse occurred in a noninstitutional tional funds to State Medicaid pro- investment in behavioral health that setting. This arbitrary restriction sim- grams that are struggling to pay for in- expanded access to necessary treat- ply does not make sense. creasingly expensive prescription ment. Eight States established commu- There has been substantial growth in drugs. nity-based clinics providing 24-hour home and community-based services

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.011 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4709 since the initial statute was enacted powering Beneficiaries, Ensuring Ac- able to connect them to a doctor. She cares decades ago. It is time that we update cess, and Strengthening Accountability for clients on certain anti-depressants that the law so we are not needlessly tying Act of 2019. experienced weight gain as a result, which put them at higher risk of developing diabe- the hands of those who are charged Mr. Speaker, this is a bill that tes. Because of the investment Congress pro- with protecting the most vulnerable. strengthens the healthcare safety net vided in establishing CCBHCs, Ms. Birch can Our legislation will empower attorneys for our communities and provides long- direct those clients to inhouse primary care general to expand the scope of their term certainty for patients. to monitor and prevent diabetes. States’ fraud units so they can combat Mr. Speaker, I thank my colleague, For practitioners like Ms. Birch, patient abuse wherever it might occur. Chairman FRANK PALLONE of the En- Cascadia’s capacity to bring primary care This reform has broad bipartisan sup- ergy and Commerce Committee, for his into the outpatient behavioral health care clinics is a game-changer. It enhances their port from AGs in red States and blue partnership and willingness to work in delivery of services and outcomes for their States. It is just common sense, and it good faith on both sides of the aisle to clients. From the frontline perspective, the will help better serve those in need. get this done. integration of behavioral health and primary Once again, I thank my colleagues on We passed a short-term extension of care in a CCBHC removes logistical and the great Energy and Commerce Com- these programs back in March, Mr. other obstacles to consultation between pro- mittee for their bipartisan collabora- Speaker, to ensure that patients were viders. These consultations translate into tion. I encourage passage of H.R. 3253. still protected as we ironed out the de- improved identification of the best route of Mrs. DINGELL. Mr. Speaker, I yield tails. Today, we are delivering the care for a client with complex physical and 2 minutes to the gentlewoman from mental conditions with the result of getting long-term deal that I know we all a client on the road to wellness much Texas (Ms. JACKSON LEE). wanted all along. quicker. Ms. JACKSON LEE. Mr. Speaker, I A big priority of mine in this pack- Cascadia’s capacity to sustain and expand rise to enthusiastically support H.R. age is the 2-year extension of the Ex- this level of high-quality coordinated care to 3253 and to particularly congratulate, cellence in Mental Health demonstra- a vulnerable population depends on the dedi- for their leadership, Congresswoman tion program at CMS. Eight States, in- cation and skills of workers like Ms. Birch DINGELL and Congressman GUTHRIE and cluding my home State of Oregon, are and congressional action to continue invest- indicate that the underlying reason for ing in the CCBHC fiscal model that covers currently participating in this pilot 100 percent of costs. my enthusiastic support is what I be- program, which is designed to increase With the fiscal investment in CCBHCs, lieve every Member knows, and that is access to mental health and substance Congress allows Cascadia staff to reach into the frail among us are the most vulner- use treatment services. the community to expand access to behav- able. Those individuals may be our sen- Mr. Speaker, I include in the RECORD ioral health services for individuals with se- iors, as I am dealing with a person who a letter from the Oregon AFSCME rious mental illnesses. Cascadia works with is seeking to get outpatient rehabilita- Council 75. Portland’s 24-hour mental health crisis tion, and they need extra support in emergency room, Unity Center Behavioral OREGON AFSCME COUNCIL 75, Health. Cascadia staff establish crisis pa- getting that care. June 18, 2019. tients with Cascadia primary care providers 1 In this instance, the extension of 4 ⁄2 MEMBERS OF THE OREGON DELEGATION, immediately after Unity hospital care. This years to be able to have the protection House of Representatives, enables patients to continue medications of the legislation that deals with abuse Washington, DC. that ensure mental stability until they have in Medicaid home and community- DEAR REPRESENTATIVES: On behalf of the fully connected with Cascadia’s mental more than 25,000 Oregon AFSCME Council 75 health providers. based services is vital because the per- members, we ask you to approve the Empow- son receiving the services is least able We urge you to pass H.R. 3253 and extend ering Beneficiaries, Ensuring Access, and the CCBHC program. It would be tragic to to speak about the abuse. Strengthening Accountability Act of 2019 lose this funding that has sustained and ex- b 1500 (H.R. 3253) when the House of Representa- panded vital behavioral and medical services tives considers the bill this week. to our community. I believe the extension will help in We strongly support H.R. 3253 because it Sincerely, determining the level of abuse and also extends the Certified Community Behavioral STACY CHAMBERLIN, remedies for such abuse. Health Clinics (CCBHC) program through De- Executive Director. It is clear that if someone is in Med- cember 2021. On June 30, the CCBHCs in our Mr. WALDEN. Mr. Speaker, this is state, along with those in Minnesota, Mis- icaid home-based programs, they are as really important legislation. equally in need as those who are in in- souri, Nevada, New Jersey, New York, Okla- homa, and Pennsylvania, face extreme finan- Last year, my legislation, the SUP- stitutionalized programs. cial threat. We appreciate that Representa- PORT for Patients and Communities Mr. Speaker, I congratulate the Con- tive Walden, in his capacity as Ranking Act, our opioids legislation, the most gresswoman. I would say that in im- Member of the House Energy and Commerce comprehensive bill to address a single poverished communities and commu- Committee, worked in bipartisan effort to drug crisis in our Nation’s history, was nities of color, the Medicaid-based pro- avert the March 30 fiscal cliff in Oregon and signed into law. Our committee has gram is the basis of their healthcare, Oklahoma and is an original co-sponsor for made major strides in addressing the H.R. 3253. and they are the most vulnerable. substance use disorder crisis that is Mr. Speaker, I support H.R. 3253, the At Cascadia Behavioral Health in Portland Oregon, AFSCME Council 75 members who plaguing our communities. Empowering Beneficiaries, Ensuring are therapists, care coordinators, crisis The Excellence in Mental Health Access, and Strengthening Account- counselors, residential counselors, support demonstration continues that good ability Act of 2019, for its very vital staff and other workers, deliver whole health work by increasing Medicaid reim- and important element of extending care—integrated mental health and addic- bursement for community-based men- this review for 4.5 years. tion services, primary care and housing— tal health and addiction treatment We have to get it right. We have to through the CCBHC program. These health services. This 2-year extension for the protect these people. We have to give care workers never stop working to help participating States will give us time those who want to get healthy and recover. them the quality of life that they de- for a full evaluation to determine the serve. ‘‘Abuse’’ should not be in their It is not just a job; it is a calling. That core commitment to helping people effectiveness of the program and vocabulary. heal is why Alexandra Birch, a Qualified whether it should be expanded. Mr. Speaker, I support this legisla- Mental Health Associate, cares deeply about Also included in this bill is an exten- tion. the CCBHC program. It has helped innovate sion for the Money Follows the Person Mr. GUTHRIE. Mr. Speaker, I yield 3 and improve the delivery of care. She was program through fiscal year 2024. This minutes to the gentleman from Oregon hired in 2017 as a Care Coordinator at provides resources to State Medicaid (Mr. WALDEN), the Republican leader of Cascadia because of an investment Congress programs to help individuals with the Energy and Commerce Committee provided to the CCBHC program. In that role chronic conditions and disabilities and my good friend. she is the glue that connects primary care with behavioral health care and makes sure transition back into their commu- Mr. WALDEN. Mr. Speaker, I, too, care is focused on the whole patient. nities. rise today in strong support of this bi- In her work, Ms. Birch treats clients with We also secured an extension of what partisan bill that extends several key anxiety and very high blood pressure but is known as the spousal impoverish- Medicaid programs, H.R. 3253, the Em- who do not have an established doctor; she is ment provisions in Medicaid. To be

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.012 H18JNPT1 H4710 CONGRESSIONAL RECORD — HOUSE June 18, 2019 clear, this bill actually helps keep Mr. BROOKS of Alabama. Mr. Speak- Page 249, line 1, after the first dollar spouses of elderly patients from impov- er, on that I demand the yeas and nays. amount, insert ‘‘(increased by $2,000,000)’’. erishment and out of costly nursing The yeas and nays were ordered. AMENDMENT NO. 10 OFFERED BY MS. ESHOO OF home settings. For spouses of patients The SPEAKER pro tempore. Pursu- CALIFORNIA receiving home or community-based ant to clause 8 of rule XX, further pro- Page 247, line 6, after the dollar amount, care, the bill will protect them from ceedings on this motion will be post- insert ‘‘(reduced by $9,500,000)’’. impractical reductions in their income poned. Page 247, line 6, after the dollar amount, insert ‘‘(increased by $9,500,000)’’. or resources and ensures that they can f AMENDMENT NO. 11 OFFERED BY MS. ESHOO OF live out their lives with independence DEPARTMENTS OF LABOR, CALIFORNIA and dignity. HEALTH AND HUMAN SERVICES, Page 223, line 22, after the first dollar Finally, we clarified the authority of AND EDUCATION, AND RELATED amount, insert ‘‘(reduced by $2,000,000)’’. State Medicaid fraud and abuse control AGENCIES APPROPRIATIONS Page 248, line 18, after the first dollar units that investigate and prosecute ACT, 2020 amount, insert ‘‘(increased by $2,000,000)’’. abuse and neglect of Medicaid bene- Page 249, line 1, after the first dollar ficiaries. This is simply good govern- The SPEAKER pro tempore. Pursu- amount, insert ‘‘(increased by $2,000,000)’’. ment. It is good government oversight, ant to House Resolution 436 and rule AMENDMENT NO. 12 OFFERED BY MS. JACKSON and it protects patients who are some XVIII, the Chair declares the House in LEE OF TEXAS of America’s most vulnerable. the Committee of the Whole House on Page 217, line 19, after the dollar amount, In closing, Mr. Speaker, I thank my the state of the Union for the further insert ‘‘(increased by $2,000,000) (reduced by good friends on the Energy and Com- consideration of the bill, H.R. 2740. $2,000,000)’’. merce Committee for their work on the Will the gentlewoman from North AMENDMENT NO. 14 OFFERED BY MR. LANGEVIN OF RHODE ISLAND bill: Dr. BURGESS, Mr. GUTHRIE, Mr. Carolina (Ms. ADAMS) kindly take the UPTON, Mr. WALBERG, and their coun- chair. Page 247, line 17, after the dollar amount, terparts on the Democratic side, Ms. insert ‘‘(reduced by $10,000,000)’’. b 1509 Page 248, line 18, after the dollar amount, ESHOO, Mrs. DINGELL, Ms. MATSUI, Mr. IN THE COMMITTEE OF THE WHOLE insert ‘‘(increased by $10,000,000)’’. WELCH, and, of course, Chairman PAL- Accordingly, the House resolved Page 249, line 1, after the dollar amount, LONE. insert ‘‘(increased by $10,000,000)’’. Mrs. DINGELL. Mr. Speaker, I re- itself into the Committee of the Whole Page 249, line 12, after the dollar amount, serve the balance of my time. House on the state of the Union for the insert ‘‘(increased by $10,000,000)’’. Mr. GUTHRIE. Mr. Speaker, I yield further consideration of the bill (H.R. AMENDMENT NO. 16 OFFERED BY MR. GRAVES OF myself as much time as I may con- 2740) making appropriations for the De- MISSOURI sume. partments of Labor, Health and Human Page 223, line 22, after the dollar amount, Mr. Speaker, in closing, I thank Services, and Education, and related insert ‘‘(increased by $5,000,000) (reduced by Chairman PALLONE, Republican leader agencies for the fiscal year ending Sep- $5,000,000)’’. WALDEN, and the Energy and Com- tember 30, 2020, and for other purposes, AMENDMENT NO. 17 OFFERED BY MS. MOORE OF merce Committee staff for their hard with Ms. ADAMS (Acting Chair) in the WISCONSIN work to help this bipartisan package chair. Page 228, line 13, after the dollar amount, come together. The Clerk read the title of the bill. insert ‘‘(reduced by $2,500,000)’’. Page 228, line 13, after the dollar amount, Mr. Speaker, I also thank my col- The Acting CHAIR. When the Com- mittee of the Whole rose on Thursday, insert ‘‘(increased by $2,500,000)’’. league, Congresswoman DEBBIE DIN- June 13, 2019, amendment No. 5 printed AMENDMENT NO. 18 OFFERED BY MR. WILSON OF GELL, for working with me on extend- in part A of House Report 116–111 of- SOUTH CAROLINA ing Medicaid Follows the Person. I also Page 246, line 11, after the dollar amount, thank my colleagues, Representative fered by the gentleman from California (Mr. ROUDA) had been disposed of. insert ‘‘(increased by $4,800,000)’’. MATSUI, Representative ESHOO, Rep- Page 247, line 17, after the dollar amount, resentative WELCH, and Representative AMENDMENTS EN BLOC NO. 2 OFFERED BY MR. insert ‘‘(reduced by $4,800,000)’’. VISCLOSKY OF INDIANA WALBERG, for their hard work on this AMENDMENT NO. 20 OFFERED BY MR. WALBERG package. Mr. VISCLOSKY. Madam Chair, pur- OF MICHIGAN Mr. Speaker, I urge my colleagues to suant to section 3 of House Resolution At the end of division C (before the short support this bill, and I yield back the 436, as the designee of the gentlewoman title), insert the following: balance of my time. from New York (Mrs. LOWEY), I offer SEC. ll. None of the funds made available Mrs. DINGELL. Mr. Speaker, in clos- amendments en bloc, which are at the by this Act may be made available to the ing, I want to echo the words of my desk. Taliban. colleague, Mr. GUTHRIE, and thank all The Acting CHAIR. The Clerk will AMENDMENT NO. 22 OFFERED BY MR. of those who helped bring this bill to designate the amendments en bloc. SCHWEIKERT OF ARIZONA the floor today. I give particular Amendments en bloc No. 2 consisting Page 246, line 11, after the dollar amount, insert ‘‘(reduced by $1,000,000)’’. thanks to Chairman PALLONE and of amendment Nos. 6, 7, 9, 10, 11, 12, 14, 16, 17, 18, 20, 22, 23, 26, 27, 28, 30, 31, 32, Page 247, line 17, after the dollar amount, Ranking Member WALDEN for their insert ‘‘(increased by $1,000,000)’’. leadership. 35, 37, 42, 46, 48, 49, 52, 53, 54, 55, 56, 57, 58, and 62 printed in part A of House AMENDMENT NO. 23 OFFERED BY MR. CARSON OF Mr. Speaker, I urge all Members to INDIANA support H.R. 3253. Report 116–111, offered by Mr. VIS- CLOSKY of Indiana: Page 247, line 17, after the dollar amount, As a caregiver, I have met so many insert ‘‘(reduced by $4,000,000)’’. people in the last few years who are AMENDMENT NO. 6 OFFERED BY MR. STEWART OF Page 247, line 17, after the dollar amount, desperate and scared and who need us UTAH insert ‘‘(increased by $4,000,000)’’. to care. This bill does that. I hope the Page 223, line 22, after the dollar amount, AMENDMENT NO. 26 OFFERED BY MR. BARR OF House today will show this country we insert ‘‘(increased by $200,000)’’. KENTUCKY can act bipartisanly, giving hope. Page 223, line 22, after the dollar amount, insert ‘‘(decreased by $200,000)’’. Page 222, line 6, after the dollar amount, Mr. Speaker, I yield back the balance insert ‘‘(increased by $2,000,000)’’. of my time. AMENDMENT NO. 7 OFFERED BY MR. YOUNG OF Page 223, line 22, after the dollar amount, ALASKA The SPEAKER pro tempore. The insert ‘‘(reduced by $6,000,000)’’. question is on the motion offered by Page 223, line 4, after the dollar amount, Page 226, line 4, after the dollar amount, insert ‘‘(increased by $8,500,000)’’. insert ‘‘(increased by $2,000,000)’’. the gentlewoman from Michigan (Mrs. Page 223, line 22, after the dollar amount, Page 227, line 21, after the dollar amount, DINGELL) that the House suspend the insert ‘‘(reduced by $8,500,000)’’. insert ‘‘(increased by $2,000,000)’’. rules and pass the bill, H.R. 3253, as AMENDMENT NO. 9 OFFERED BY MR. SMITH OF AMENDMENT NO. 27 OFFERED BY MR. CICILLINE amended. NEW JERSEY OF RHODE ISLAND The question was taken. Page 223, line 22, after the first dollar Page 223, line 14, after the dollar amount, The SPEAKER pro tempore. In the amount, insert ‘‘(reduced by $2,000,000)’’. insert ‘‘(reduced by $1,500,000)’’. opinion of the Chair, two-thirds being Page 248, line 18, after the dollar amount, Page 247, line 17, after the dollar amount, in the affirmative, the ayes have it. insert ‘‘(increased by $2,000,000)’’. insert ‘‘(increased by $1,500,000)’’.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.014 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4711 AMENDMENT NO. 28 OFFERED BY MRS. DINGELL Page 247, line 6, after the dollar amount, combating violence as a weapon of war, OF MICHIGAN insert ‘‘(increased by $5,000,000)’’. terrorism, human trafficking, and nar- Page 223, line 22, after the dollar amount, AMENDMENT NO. 55 OFFERED BY MR. PAPPAS OF cotics trafficking to ameliorate their insert ‘‘(reduced by $7,700,000)’’. NEW HAMPSHIRE impact on women and girls around the Page 300, line 6, after the dollar amount, Page 223, line 22, after the dollar amount, globe. insert ‘‘(increased by $5,000,000)’’. insert ‘‘(increased by $2,000,000)’’. Madam Chair, the most vulnerable AMENDMENT NO. 30 OFFERED BY MR. BERA OF Page 223, line 22, after the dollar amount, people in vulnerable nation-states are CALIFORNIA insert ‘‘(reduced by $2,000,000)’’. women and girls and women and chil- Page 223, line 22, after the dollar amount, AMENDMENT NO. 56 OFFERED BY MR. PAPPAS OF dren. That is both in terms of sexual insert ‘‘(reduced by $20,000,000)’’. NEW HAMPSHIRE Page 233, line 9, after the dollar amount, violence and domestic violence, and Page 246, line 11, after the dollar amount, also in terms of the denial of access to insert ‘‘(increased by $20,000,000)’’. insert ‘‘(increased by $2,500,000)’’. AMENDMENT NO. 31 OFFERED BY MR. MOULTON education. Page 247, line 17, after the dollar amount, As the co-chair of the Congressional OF MASSACHUSETTS insert ‘‘(decreased by $2,500,000)’’. Afghanistan Caucus, I am reminded of Page 222, line 15, after the first dollar AMENDMENT NO. 57 OFFERED BY MS. SHERRILL the aftermath of the Afghan war. As we amount, insert ‘‘(reduced by $4,300,000)’’. OF NEW JERSEY Page 222, line 15, after the first dollar began to write the constitution, we Page 223, line 22, after the dollar amount, amount, insert ‘‘(increased by $4,300,000)’’. insert ‘‘(reduced by $3,000,000)’’. thought we had made progress. But the AMENDMENT NO. 32 OFFERED BY MR. MOULTON Page 247, line 17, after the dollar amount, Taliban, after a period of time, began OF MASSACHUSETTS insert ‘‘(increased by $3,000,000)’’. to burn the schools that were des- Page 251, line 10, after the first dollar AMENDMENT NO. 58 OFFERED BY MS. SHERRILL ignated for girls only. amount, insert ‘‘(reduced by $3,000,000)’’. OF NEW JERSEY This amendment allows women in Page 251, line 10, after the first dollar Page 246, line 18, after the first dollar the military of these respective coun- amount, insert ‘‘(increased by $3,000,000)’’. tries that are prone to hostilities, vio- Page 251, line 12, after the first dollar amount, insert ‘‘(reduced by $5,000,000)’’. Page 246, line 18, after the dollar amount, lence, and disparate treatment of amount, insert ‘‘(reduced by $3,000,000)’’. Page 251, line 12, after the first dollar insert ‘‘(increased by $5,000,000)’’. women and girls to be able to work amount, insert ‘‘(increased by $3,000,000)’’. AMENDMENT NO. 62 OFFERED BY MS. TORRES with our women in the United States SMALL OF NEW MEXICO AMENDMENT NO. 35 OFFERED BY MR. EMMER OF military and be able to be trained on MINNESOTA Page 223, line 22, after the dollar amount, the issues of fighting terrorism, human Page 223, line 4, insert ‘‘(reduced by insert ‘‘(reduced by $5,000,000) (increased by trafficking, and narcotics trafficking. $3,000,000)’’ after the dollar amount. $5,000,000)’’. According to a UNICEF report, rape, Page 247, line 17, insert ‘‘(increased by The Acting CHAIR. Pursuant to torture, and human trafficking by ter- $3,000,000)’’ after the dollar amount. House Resolution 436, the gentleman rorist and militant groups have been AMENDMENT NO. 37 OFFERED BY MR. ALLEN OF from Indiana (Mr. VISCLOSKY) and the employed as a weapon of war affecting GEORGIA gentleman from California (Mr. CAL- over 20,000 women and girls, and those Page 223, line 22, after the dollar amount, VERT) each will control 10 minutes. numbers are going up. insert ‘‘(reduced by $10,000,000) (increased by The Chair recognizes the gentleman My amendment will curb terrorism $10,000,000)’’. from Indiana. abroad by making available American AMENDMENT NO. 42 OFFERED BY MR. KILDEE OF Mr. VISCLOSKY. Madam Chair, I technical and military expertise to MICHIGAN yield myself such time as I may con- militaries in other countries, like Ni- Page 223, line 22, after the dollar amount, sume. geria, who are combating violent insert ‘‘(reduced by $16,000,000)’’. Madam Chair, the amendments in- jihadists. Boko Haram, of course, was Page 228, line 22, after the dollar amount, at the center of taking the Chibok insert ‘‘(increased by $5,000,000)’’. cluded in the en bloc were made in Page 229, line 17, after the dollar amount, order by the rule, and they have been girls, and it is important to be able to insert ‘‘(increased by $5,000,000)’’. agreed to by both sides. They improve utilize these activities. Page 230, line 12, after the dollar amount, the bill. I support the amendment and Madam Chair, I include in the insert ‘‘(increased by $5,000,000)’’. urge its adoption. RECORD ‘‘U.S. Special Operations Com- AMENDMENT NO. 46 OFFERED BY MR. PANETTA Madam Chair, I reserve the balance mand’s HEROs Combat Human Traf- OF CALIFORNIA of my time. ficking’’ and ‘‘The Role of the Military Page 223, line 22, after the dollar amount, Mr. CALVERT. Madam Chair, I yield in Combating Human Trafficking: A insert ‘‘(reduced by $8,000,000)’’. myself such time as I may consume. South African Perspective.’’ Page 246, line 18, after the dollar amount, Madam Chair, I rise in support of the [From DoD News, Jan. 4, 2018] insert ‘‘(increased by $8,000,000)’’. en bloc amendment, and I thank the U.S. SPECIAL OPERATIONS COMMAND’S HEROS AMENDMENT NO. 48 OFFERED BY MR. CARBAJAL Defense Subcommittee chairman for COMBAT HUMAN TRAFFICKING OF CALIFORNIA working with our side to include many (By Shannon Collins) Page 223, line 22, after the dollar amount, insert ‘‘(reduced by $5,000,000)’’. amendments important to our Mem- WASHINGTON.—January is National Slavery Page 222, line 6, after the dollar amount, bers. The chairman has been a great and Human Trafficking Prevention Month, insert ‘‘(increased by $5,000,000)’’. partner and has been very fair through- and the Defense Department has teams who work year-round to combat these crimes AMENDMENT NO. 49 OFFERED BY MR. CARBAJAL out this process. worldwide. OF CALIFORNIA Madam Chair, I urge my colleagues The Human Exploitation Rescue Operative, Page 223, line 22, after the dollar amount, to support this amendment, and I re- or HERO, Child-Rescue Corps is a program insert ‘‘(reduced by $4,000,000)’’. serve the balance of my time. developed by U.S. Special Operations Com- Page 246, line 11, after the dollar amount, Mr. VISCLOSKY. Madam Chair, I mand, Warrior Care Program-Career Transi- insert ‘‘(increased by $4,000,000)’’. yield 2 minutes to the gentlewoman tion, the National Association to Protect AMENDMENT NO. 52 OFFERED BY MR. from Texas (Ms. JACKSON LEE). Children and U.S. Immigration and Customs O’HALLERAN OF ARIZONA Ms. JACKSON LEE. Madam Chair, Enforcement, said Army Col. Kimberly Page 246, line 18, after the dollar amount, let me thank the chair of the Defense Moros, chief of SOCOM’s career transition insert ‘‘(increased by $5,000,000)’’. initiatives. Subcommittee and ranking member of ‘‘The HERO Child-Rescue Corps Program is Page 247, line 17, after the dollar amount, the subcommittee as well. insert ‘‘(reduced by $6,000,000)’’. designed for wounded, injured and ill I am delighted that my amendment transitioning service members and veterans AMENDMENT NO. 53 OFFERED BY MR. BROWN OF No. 12 has been made in order and that who receive training in high-tech computer MARYLAND we will have an opportunity to save forensics and law enforcement skills to as- Page 222, line 15, after the dollar amount, and improve the lives of many women sist federal agents in the fight against online insert ‘‘(reduced by $3,000,000)’’. child sexual exploitation,’’ she said. ‘‘Upon Page 247, line 17, after the dollar amount, around the world. My amendment provides flexibility successful completion of the program, HERO insert ‘‘(increased by $3,000,000)’’. interns will have the knowledge, skills and AMENDMENT NO. 54 OFFERED BY MR. BRINDISI OF for the Secretary of Defense to allocate experience to apply for careers with federal, NEW YORK resources needed to provide technical state and local police agencies and other or- Page 223, line 22, after the dollar amount, assistance by U.S. military women to ganizations in the field of computer insert ‘‘(reduced by $5,000,000)’’. military women in other countries forensics.’’

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.014 H18JNPT1 H4712 CONGRESSIONAL RECORD — HOUSE June 18, 2019 Since 2013, more than 130 veterans and around the world in 2015, making it the fast- that the Defence Force evaluate and develop transitioning service members have entered est-growing source of revenue for organised policies, strategies and force design through the HERO program. Of the successful grad- criminal operations internationally. In 2015, the implementation of specific evidence- uates, 74 have been offered careers in federal South Africa implemented comprehensive based codes of conduct or strategic plans to law enforcement and another 31 are in in- antitrafficking legislation. Before such legis- combat this offence. ternships, Moros said. lation was enacted, the South African gov- Apart from the violation of the funda- ‘‘HEROs and HERO interns now make up ernment also ratified several international mental human rights of persons being traf- over 25 percent of the Homeland Security and regional human rights instruments in ficked, trafficking is a substantial source of computer forensics workforce,’’ said Robert terms of which specific duties are imposed revenue for criminal organisations whose ac- Kurtz, unit chief for HERO at Homeland Se- upon the state to combat and punish the tivities may destabilise legitimate govern- curity Investigations. crime effectively, including the protection of ments and undermine the mission of the HUMAN TRAFFICKING the rights of victims. The focus of the study military. The crime may become a security on which this article reports, is the desired issue and undercut military operations. How- ‘‘Human trafficking includes using force, role of the military in combating human ever, as known from previous experiences, fraud or coercion to compel a person to pro- trafficking in South Africa. In 2004, the military troops themselves can create or in- vide labor, services or sex. It’s a violation of North Atlantic Treaty Organisation (NATO) crease the demand for trafficked women. basic human rights,’’ said Linda Dixon, DOD adopted a policy on combating trafficking in This article is structured as follows: it is Combating Trafficking in Persons Office human beings. The policy sets out various first necessary to explain which conduct falls Program Manager. ‘‘Combating trafficking strategies for ensuring regional cooperation under human trafficking in South African in persons is a duty that DOD takes seri- in combating human trafficking. It is sug- and international law. Second, the measures ously as we do in other situations that bring gested that the South African National government have taken to combat this crime harm to our nation. It is a global concern, Defence Force (SANDF) take the initiative in South Africa are considered. Next, the and our goal is to educate every member of in formulating a similar policy in order to role of the military in South Africa in com- DOD on how to recognize and report human effect better co-operation amongst nation bating human trafficking is considered and trafficking in the U.S. as well as around the states in Africa, especially in the southern compared with international and regional ef- world.’’ region of Africa, to combat human traf- forts. Recommendations are then finally The three most common forms of trafficking. In order to address the role of the made for steps to be taken by the military to ficking, according to DOD’s Combating Traf- SANDF in the fight against human traf- play a more significant role in combating ficking in Persons office, are forced labor, ficking meaningfully and to develop evi- human trafficking. sex trafficking, and child soldiering. dence-based strategies and policies, regional Moros said the idea behind the HERO BACKGROUND TO HUMAN TRAFFICKING IN SOUTH coordination in combating trafficking is Corps is a simple one. AFRICA paramount. The article examines current ‘‘When it comes to hunting those who prey Although people have heard of human traf- legislation, instruments and strategies as re- on the innocent, who better than our na- ficking, very few people really know what it gards human trafficking in order to make tion’s most highly trained military vet- entails and the role it plays in international recommendations for counter-trafficking erans?’’ she said. ‘‘Much of today’s human organised crime. As a significant facet of policy standards and best practices for the trafficking and child sexual exploitation is transnational organised crime and one of the SANDF. technology facilitated. Offenders utilize the most lucrative criminal enterprises globally, internet and digital technologies to coordi- INTRODUCTION human trafficking was ranked as the second nate their activity, advertise, share informa- Although not a novel phenomenon, the most profitable crime around the world in tion and hide evidence. HEROs receive train- crime of human trafficking is complex, di- 2015, making it the fastest-growing source of ing in counter-child exploitation as well as verse, and constantly evolving as traffickers revenue for organised criminal operations digital forensics and victim identification. develop new tactics to trade in human internationally. And they are then embedded with federal law beings. Human trafficking affects not only In order to combat the trade in human enforcement.’’ individuals, but also countries across the cargo, legal jurisdictions have adopted a She said the HERO Child-Rescue Corps world. It has been estimated by various range of international standards and obliga- saves children in several ways. ‘‘As law en- international organisations that millions of tions, of which the UN’s Trafficking Protocol forcement first responders, they are at every victims are trapped in trafficking. Although is the most significant. Following the proto- crime scene, searching for critical clues that both international entities and domestic ju- type of the Trafficking Protocol, govern- might provide evidence for an arrest or to risdictions have proposed various strategies ments around the world have also committed find a victim,’’ Moros said. to combat the rapidly growing problem of themselves to enact national human traf- Back at the forensic lab, the HERO is the human trafficking, the combating of this ficking legislation to address modern-day lead digital investigator, searching out clues criminal activity remains a challenge for all slavery. In Africa, where the scourge of traf- that can lead to organized criminal rings, branches of law enforcement, including the ficking is widespread, South Africa is one of evidence of sexual assault or production of military. The primary international instru- the few nations that actively pursue the pun- child abuse imagery, she said. ment, the United Nations (UN) Protocol to ishment of human trafficking. This is vital ‘‘In many cases, it has been the relentless Prevent, Suppress and Punish Trafficking in as South Africa with its viable and devel- focus and military mindset that has allowed Persons, Especially Women and Children, oping economy has become a magnet for ille- HEROs to go beyond the digging that might Supplementing the United Nations Conven- gal migrants and human traffickers, attract- be done in traditional law enforcement to tion against Transnational Organised Crime ing people from the whole continent fleeing find a victim,’’ she added. of 2000 (Trafficking Protocol) is already 17 from political and economic upheaval, armed Kurtz said federal law enforcement is just years old; yet, regional and national efforts conflict.’’ the HIV/AIDS pandemic, food inse- beginning to track rescues. In 2016, Home- to combat trafficking have produced mini- curity and unemployment. The resultant land Security Investigations identified and mal positive results. South Africa is no ex- poverty in especially South Africa’s re- rescued 820 known child victims from sexual ception in this regard. Since the end of gional neighbours, still grappling with apartheid, the jurisdiction has been experi- exploitation. the aftereffects of colonisation and ‘‘But the real number is undoubtedly many encing an increase of illegal immigrants times greater,’’ Moros said. ‘‘As a major seg- from all over Africa, as well as other foreign failed statehood, has furthermore ment of the digital forensic workforce, and countries. It has further been acknowledged caused an exodus to South Africa for one especially dedicated to combating child that since 1994, the trafficking of men, better life opportunities. Traffickers sexual exploitation and trafficking, they women, and children into various exploita- are said to service the demand of the [HEROs] have been instrumental in working tive sectors, such as labour trafficking and very lucrative human smuggling indus- hundreds of those cases.’’ involuntary sex work, amongst others, have try, especially in conflict and also escalated in South Africa. postconflict areas. In many illegal mi- THE ROLE OF THE MILITARY IN COMBATING This multi-dimensional illicit modern-day slavery industry must be fought at national, gration cases, displaced people make HUMAN TRAFFICKING: A SOUTH AFRICAN desperate decisions by relying on ini- PERSPECTIVE regional and international level with an integrated, multi-sectoral approach. In this re- tially ‘benevolent’ smugglers who (By Nina Mollema, University of South spect, the SANDF also has a role to play, and transform into ruthless traffickers, Africa) can learn a great deal from NATO, amongst keeping the illegal migrants captive as ABSTRACT others, for guidelines and best practices. The human slaves. Trafficking in the juris- Human trafficking is a complex and di- Policy on Combating Trafficking in Human diction is additionally complex and diverse crime affecting both individuals and Beings of 2004 of this intergovernmental verse as it consists of culturally unique countries across the world. As a significant military alliance recognises that human facet of transnational organised crime and trafficking feeds on corruption and organised trafficking types such as ukuthwala. one of the most lucrative criminal enter- crime, and has ‘‘the potential to destabilise The country has been listed as a prises globally, human trafficking was fragile governments’’. As no such policy cur- human trafficking source, transit, and ranked as the second most profitable crime rently exists in the SANDF, it is proposed destination country for men, women

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.016 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4713 and children to, from and within South type of exploitative purpose is of particular we face adversaries who adapt very quickly Africa for mainly labour and sex traf- significance. The exploitative purposes may because they are not constrained by geo- ficking. include forced labour, involuntary sex work, graphic limitations or norms of morality and South Africa has the highest number of begging, stealing, drug running, forced marriage and the sale of body parts, amongst decency. asylum seekers in the world. Although South Al Qaeda, Boko Haram, Al Shabaab, ISIS/ Africa supports large numbers of refugees others. Amongst other requirements, the Traf- ISIL and other militant terrorists, including the and asylum seekers, the jurisdiction is also Sinai’s Ansar Beit al-Maqdis in the Sinai Pe- home to an estimated five million illegal im- ficking Protocol obliges member states to migrants, including some three million criminalise trafficking, and to investigate ninsula which poses a threat to Egypt. Zimbabweans. In response to the dynamics of and prosecute traffickers. The Trafficking Jackson Lee Amendment #12 help provide supply and demand, migration (which has al- Protocol also instructs that states must the Department of Defense with the resources ways been endemic in Africa) to South Afri- adopt or strengthen legislative or other needed to provide technical assistance to ca is aided by the porous nature of the coun- measures to discourage the demand that fos- countries on innovative strategies to provide try’s borders and coast lines, as well as inef- ters all forms of exploitation of persons that lead to trafficking. States are to determine defense technologies and resources that pro- fective monitoring of land, rail and sea mote the security of the American people and transportation modes. Trafficked people are which measures to take in accordance with the domestic legislation and policies of each allied nation states. indistinguishable amongst these flows. Terrorism, human trafficking, narcotics traf- In order to tackle the multi-dimensional state as well as in accordance with the finan- crime of human trafficking in the country, cial and human resource capabilities of the ficking and their impact on women and girls South Africa became a signatory to the Traf- state. across the globe has had a great adverse im- Another important condition that the Pro- ficking Protocol in 2000, and ratified the in- pact on us all. tocol stipulates for signatory states is to un- strument in 2004. As a result, the jurisdiction According to a UNICEF report, rape, torture dertake border control measures. Border became subject to international obligations and human trafficking by terrorist and militant management is one of the roles the SANDF in terms of which specific duties were im- is expected to play in South Africa, along groups have been employed as weapons of posed upon the state to combat and punish with other secondary functions such as war, affecting over twenty thousand women the crime effectively and to protect the peacekeeping and humanitarian support. and girls. rights of victims. The need to enact domestic However, very few joint efforts have been Looking at the history of terrorism highlights anti-trafficking legislation was prioritised, made with neighbouring countries to deal and on 29 July 2013, the Prevention and Com- the importance of providing technical assist- multilaterally with border issues and crimes bating of Trafficking in Persons Act 7 of 2013 ance through our military might, as this en- such as human trafficking and human smug- (Trafficking Act) was signed into law but ables us to combat terrorism which now can gling. Co-operation between South Africa only became operational on 9 August 2015. plague us here in the United States. and its neighbours in this regard is usually The Act introduces a universally acceptable Jackson Lee Amendment #12 will help curb not of a preventative nature, but only takes but still country-specific definition of place after the occurrence of smuggling or terrorism abroad by making available Amer- human trafficking: ican technical military expertise to military in ‘Trafficking’ includes the delivery, recruit- trafficking has been discovered. Ms. JACKSON LEE. Madam Chair, I other countries, like Nigeria, who are comment, procurement, capture, removal, trans- bating violent jihadists in their country and to portation, transfer, harbouring, sale, ex- ask my colleagues to support this change, lease, disposal or receiving of a per- amendment. keep those terrorists out of our country. son, or the adoption of a child facilitated or Madam Chair, I rise in support of Chairman Time and again American lives have been secured through legal or illegal means, with- VISCLOSKY’S En Bloc Amendment, which in- lost at the hands of terrorists. in or across the borders of the Republic, of a cludes Jackson Lee #12. These victims include Christians, Muslims, person trafficked or an immediate family I wish to thank Chairman MCGOVERN and journalists, health care providers, relief work- member of the person trafficked, by means Ranking Member COLE of the Rules Com- ers, schoolchildren, and members of the diplo- of: matic corps and the Armed Services. (a) a threat of harm; mittee for making this Jackson Lee Amend- ment in order. This is why the technical assistance offered (b) the threat or use of force, intimidation by our military personnel is integral to pro- or other forms of coercion; I thank Chairwoman VISCLOSKY and Ranking (c) the abuse of vulnerability; Member CALVERT for their hard work in bring- moting security operation of intelligence, sur- (d) fraud; ing Division C, the Defense portion of this om- veillance, and reconnaissance aircraft for mis- (e) deception or false pretences; nibus appropriations legislative package, to sions to empower local forces to combat ter- (f) debt bondage; the floor and for their devotion to the men and rorism. (g) abduction; women of the Armed Forces who risk their Terrorists across the globe have wreaked (h) kidnapping; lives to keep our nation safe and their work in havoc on our society and cannot not be toler- (i) the abuse of power; ated or ignored, for their actions pose a threat (j) the giving or receiving of payments or ensuring that they have resources needed to keep our Armed Forces the greatest fighting to our national security and the security of the benefits to obtain the consent of a person world. having control or authority over another force for peace on earth. Madam Chair, from the United States to Af- person; or Madam Chair, thank you for the opportunity (k) the giving or receiving of payments, to explain my amendment, which is simple rica to Europe to Asia and the Middle East, it compensation, rewards, benefits or any other and straightforward and affirms an example of is clear that combating terrorism remains one advantage, the national goodness that makes America the of highest national priorities. for the purpose of any form or manner of Collectively, helping our neighbors and their most exceptional nation on earth. exploitation, sexual grooming or abuse of military build capacity to combat terrorism, The purpose of Jackson Lee Amendment such person, including the commission of eradicate human trafficking, stop narcotics #12, which is identical to the amendment any sexual offence or any offence of a sexual trafficking and negate their impact on women adopted twice in the last Congress, is to pro- nature in any other law against such person and girls across the globe serves our national or performing any sexual act with such per- vide the Secretary of Defense flexibility to allo- interest. son, whether committed in or outside the cate resources needed to provide technical For these reasons, I urge my colleagues to borders of the Republic. assistance by U.S. military women to military support Jackson Lee Amendment #12 by vot- In essence, this definition holds that per- women in other countries combating violence ing for the Chairman’s En Bloc Amendment to sons are trafficked if they have been moved as a weapon of war, terrorism, human traf- within a country or to another country, as a Division C of RCP 116–17. result of force, fraud or manipulation and ficking, narcotics trafficking. Madam Chair, I ask my colleagues to are exploited or compelled to work under Madam Chair, the United States is com- support the underlying amendment. threat of violence for no pay, beyond subsist- mitted to combating violent extremism, pro- Mr. CALVERT. Madam Chair, I yield ence. The definition is very broad, and ex- tecting our borders and the globe from the 1 minute to the gentleman from Michi- cept for the requirement that a person be re- scourge of terrorism. gan (Mr. WALBERG). moved, transported, or transferred from one The United States Armed Forces possess place to another, other acts such as the mere an unparalleled expertise and technological b 1515 harbouring of a person through a threat of capability that will aid not only in combating Mr. WALBERG. Madam Chair, I rise intimidation with the intent to exploit the person are sufficient for the crime to be com- and defeating terrorists who hate our country today to support my amendment, mitted. With regard to the role of the mili- and prey upon innocent persons, especially which would prohibit taxpayer money tary, the moving of a person from one coun- women, girls, and the elderly. from going directly to the Taliban. try to another, or within the country, But we must recognize that notwithstanding According to recent news stories, the through deceptive or violent means for any our extraordinary technical military capabilities, Defense Department asked Congress for

VerDate Sep 11 2014 04:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.018 H18JNPT1 H4714 CONGRESSIONAL RECORD — HOUSE June 18, 2019 funding that could be used to reim- Black Colleges and Universities strengthens Armed Forces Health Surveillance Branch, burse the Taliban for transportation these goals and institutions, as well as our na- tick-borne diseases accounted for more than and other expenses. That is quite sim- tional security. I am encouraged that this half of the confirmed cases of vector-borne ply absurd. amendment was included in the package of bi- diseases among service members—active For many years, I have worked in a partisan en bloc amendments. I urge my col- duty and reserve—recorded over seven years, bipartisan way to shine a light on how leagues to support this amendment. from 2010–2016. Lyme disease alone had the American tax dollars are being Ms. MOORE. Madam Chair, I rise in support largest number of confirmed cases. misspent in Afghanistan. There have of my amendment to increase funding for the In its inaugural report to Congress, the fed- been a number of oversight reports Air National Guard’s Facility Modernization eral Tick-Borne Disease Working Group stated conducted by the Special Inspector and Sustainment account. I appreciate the that ‘‘Tick-Borne Diseases have rapidly be- General for Afghanistan Reconstruc- support of the chairman for its inclusion in en come a serious and growing threat to public tion that highlight how these programs bloc No. 2 to the Defense Appropriations bill. health in the United States. Despite many sci- have been mismanaged and poorly run I am so proud of the work of the men and entific unknowns, experts agree that the inci- for years. women in the National Guard, including in my dence and distribution of tick-borne diseases The SIGAR has identified a dis- home state of Wisconsin. are increasing.’’ The Working Group also stat- turbing amount of waste, fraud, and Unfortunately, decrepit, outdated, and deed that ‘‘Federal funding for tick-borne disabuse totaling in the billions of dollars. caying Air National Guard facilities are a diseases is less per new surveillance case than This level of wasteful spending is stag- service to the men and women who put on the that of any other disease.’’ gering, yet we continued pouring uniform. While the tick-borne disease research at money down the drain anyway. But They deserve facilities that are up-to-date CDMRP has been continuously funded at $5 sending taxpayer dollars straight to and which will help improve their ability to million since Fiscal Year 2016, the Working the Taliban, despite the price paid by carry out their missions in defense of our na- Group’s report is a sign that there is still much men and women in uniform, is the ulti- tion and their communities. more to be done. mate insult. Yet, we know that such aging and inefficient The amendment I offer today will increase We owe it to the taxpayers to not facilities exist nationwide including in my dis- funding by $2 million for the Congressionally waste any more of their money. trict where the 128th Air Refueling Wing is op- Directed Medical Research Program (CDMRP) Mr. VISCLOSKY. Madam Chair, I re- erating out of a building which was built in for the purposes of tick-borne disease reserve the balance of my time. 1970, has aging and hard to maintain critical search. The added funding will enable the Mr. CALVERT. Madam Chair, I yield building systems and where much of the cur- CDMRP to support more innovative research back the balance of my time. rent square footage is unusable. That’s ac- to address gaps in knowledge and information Mr. VISCLOSKY. Madam Chair, I cording to the Defense Department. This is on tick-borne diseases. Military and civilian yield back the balance of my time. not an isolated story which is why I think an personnel and their dependents who are at Mr. CARSON of Indiana. Madam Chair, I increase here is necessary. risk will be better informed and prepared with rise today in support of my amendment, which I appreciate the chairman, in his mark, for enhanced awareness, education, and research would increase the funding level to Historically boosting funding for this critical account. I ap- programs. Black Colleges and Universities (HBCUs) from plaud his recognition of the situation facing I urge support for this amendment—we can- the Department of Defense by four million dol- many Air Guard units across the country and not shortchange our federal responsibility. We lars above current levels. I want to thank Ap- his commitment to putting funding into this ac- owe it to the countless patients, including our propriations Subcommittee Chairman VIS- count. men and women in uniform suffering from tick- CLOSKY for his support of this program and of But the needs simply continue to outpace borne diseases and their families. this amendment. available resources. Ms. SHERRILL. Madam Chair, I rise today Since 1837, HBCUs have served as training I am aware that there are National Guard in support of the en bloc amendment, and to grounds for generations of African American units across our country that have worthwhile thank the Defense Subcommittee Chairman, students and scholars, and more recently, projects directly related to military readiness Mr. VISCLOSKY, for including the Sherrill these important institutions have strengthened that they would like to pursue. This additional Amendment 58 in the en bloc package. America’s scientific workforce. Educating stu- funding should be prioritized for projects that My amendment reduces the Surface and dents and communities as anchors of aca- can help increase mission readiness at mini- Shallow Water Mine Countermeasures pro- demic excellence, HBCUs have a storied past mal additional costs to the taxpayers. gram by $5 million in order to add $5 million and a dynamic present in their unique role of For example, projects that would give help for the Navy to advance the qualification and raising up new academic leaders against the Air Guard units take advantage of and utilize certification of Advanced Manufacturing proc- grain of decades of discrimination and racism. available local assets such as national jet fuel esses for the integration of 3–D printed com- Building on this long history of achievement pipelines to provide instant access to addi- ponents into undersea warfare platforms. This through investment, my amendment will in- tional fuel reserves and provide a critical sec- amendment furthers the Navy’s goal of em- crease resources for HBCUs by strengthening ond, reliable, secure and convenient fuel deliv- bracing cutting-edge technologies. the Department of Defense’s investments in ery method that would help ensure that stra- 3–D printing reduces the cost of manufac- the physical sciences, mathematics, and engi- tegic missions such as refueling could con- turing parts for which there is limited supply. It neering programs at HBCUs and their cor- tinue uninterrupted should the primary method also creates unique parts that would otherwise responding national security benefits. of receiving fuel be disrupted. be prohibitively expensive to make with tradi- HBCUs support some of the most cutting- Now that the House has approved my tional manufacturing. edge defense and national security-related re- amendment, I would urge the Defense Depart- I am very proud of the work Marotta Con- search in the country. Armed with these con- ment to utilize these additional funds for need- trols in Montville, New Jersey, is doing to sup- tinued investments, HBCUs will be able to ed projects that directly sustain mission readi- port this very effort. Marotta is a family-owned maintain their unique role in buttressing impor- ness and contribute to our national defense. business, now in its third generation of owner- tant national security initiatives. The reality is that there are plenty out there. ship. President and CEO Patrick Marotta is For example, these programs support re- Again, I support the Chairman’s mark and I proudly carrying on the work his grandfather search in mobile computers that can be de- am grateful for the inclusion of my amendment began when he founded the company during ployed to aid our servicemen and service- to help enable more projects that can build WWII. I thank Marotta Controls for their work women on the battlefield. greater resiliency for execution of critical State to ensure efficiency and quality control to en- Additionally, these programs are helping to and Federal Air National Guard missions. able our Navy’s submariners to continue to improve the way our intelligence community Mr. SMITH of New Jersey. Madam Chair, play their critical role in defense of our nation. classifies and manages large infrared photo- Lyme disease is the most prevalent vector- I thank Defense Subcommittee Chairman graphs taken on important reconnaissance borne disease in the United States today, and VISCLOSKY and Ranking Member CALVERT for missions. members of the U.S. Armed Forces are not their leadership in adopting this important pro- At a time when we are encouraging more immune to its debilitating effects, as they train vision. training for students in the STEM fields, and and complete exercises out in grassy and The Acting CHAIR. The question is promoting the benefits of a more diverse work- wooded areas. on the amendments en bloc offered by force in research and in the high-tech sectors, According to the February 2018 Medical the gentleman from Indiana (Mr. VIS- increasing DoD’s investments for Historically Surveillance Monthly Report, published by the CLOSKY).

VerDate Sep 11 2014 04:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.019 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4715 The question was taken; and the Act- saries are not resting on their laurels, Madam Chair, I yield back the bal- ing Chair announced that the ayes ap- as they are also investing, researching, ance of my time. peared to have it. and developing these groundbreaking Mr. VISCLOSKY. Madam Chair, I Mr. BROOKS of Alabama. Madam technologies. Earlier this year, for in- yield back the balance of my time. Chair, I demand a recorded vote. stance, reports emerged of the Chinese The Acting CHAIR. The question is The Acting CHAIR. Pursuant to Navy fielding an electromagnetic on the amendment offered by the gen- clause 6 of rule XVIII, further pro- railgun. So it is absolutely critical tleman from Rhode Island (Mr. LAN- ceedings on the amendments en bloc that we not allow them or anyone to GEVIN). offered by the gentleman from Indiana beat us to the punch. The question was taken; and the Act- will be postponed. Given the maturity of the technology ing Chair announced that the ayes ap- AMENDMENT NO. 13 OFFERED BY MR. LANGEVIN and the urgency impressed upon us by peared to have it. The Acting CHAIR. It is now in order our competitors, I hope the House will Mr. BROOKS of Alabama. Madam to consider amendment No. 13 printed send a well-funded railgun program to Chair, I demand a recorded vote. The Acting CHAIR. Pursuant to in part A of House Report 116–111. the Senate. clause 6 of rule XVIII, further pro- Mr. LANGEVIN. Madam Chair, I Madam Chair, I reserve the balance ceedings on the amendment offered by have an amendment at the desk. of my time. The Acting CHAIR. The Clerk will Mr. VISCLOSKY. Madam Chair, I the gentleman from Rhode Island will designate the amendment. rise in opposition, although I am not be postponed. The text of the amendment is as fol- opposed to the amendment. AMENDMENT NO. 15 OFFERED BY MR. LANGEVIN lows: The Acting CHAIR. Without objec- The Acting CHAIR. It is now in order Page 246, line 18, after the dollar amount, tion, the gentleman from Indiana is to consider amendment No. 15 printed insert ‘‘(increased by $10,000,000)’’. recognized for 5 minutes. in part A of House Report 116–111. Page 247, line 17, after the dollar amount, There was no objection. Mr. LANGEVIN. Madam Chair, I insert ‘‘(reduced by $10,000,000)’’. Mr. VISCLOSKY. Madam Chair, I ap- have an amendment at the desk. The Acting CHAIR. Pursuant to preciate the gentleman’s persistence to The Acting CHAIR. The Clerk will House Resolution 436, the gentleman provide robust funding for the Navy’s designate the amendment. The text of the amendment is as fol- from Rhode Island (Mr. LANGEVIN) and electromagnetic railgun and recognize lows: a Member opposed each will control 5 that he has offered a similar amend- Page 245, line 5, after the dollar amount, minutes. ment on the fiscal year 2019 appropria- The Chair recognizes the gentleman insert ‘‘(reduced by $2,000,000)’’. tions bill. Page 247, line 17, after the dollar amount, from Rhode Island. I would point out to my colleagues insert ‘‘(increased by $2,000,000)’’. Mr. LANGEVIN. Madam Chair, I that the bill currently fully funds the The Acting CHAIR. Pursuant to yield myself such time as I may con- budget request of the administration at House Resolution 436, the gentleman sume. $15 million for the railgun program. Madam Chair, I would like to begin from Rhode Island (Mr. LANGEVIN) and While I do not think the additional a Member opposed each will control 5 by thanking the Rules Committee for $10 million investment will accelerate making my amendment in order, as minutes. the development of a demonstrator The Chair recognizes the gentleman well as Chairman VISCLOSKY and Rank- mount and continued testing, I have no from Rhode Island. ing Member CALVERT for their hard objection to the gentleman’s amend- Mr. LANGEVIN. Madam Chair, I work on this division of the appropria- ment. yield myself such time as I may con- tions package. Mr. CALVERT. Will the gentleman sume. Madam Chair, I offer this bipartisan yield? Madam Chair, my amendment would amendment with my good friends and Mr. VISCLOSKY. I yield to the gen- provide $2 million for civics education colleagues, Mr. LAMBORN and Mr. LIEU, tleman from California. grants under the Department of De- in support of electromagnetic railgun, Mr. CALVERT. Madam Chair, I ac- fense National Defense Education Pro- a technology that has been described as cept the gentleman’s amendment. gram as authorized by the House fiscal ‘‘revolutionary’’ and a potential multi- Mr. VISCLOSKY. Madam Chair, I re- year 2020 National Defense Authoriza- mission ‘‘game changer.’’ serve the balance of my time. tion Act that was reported out of the The electromagnetic railgun truly Mr. LANGEVIN. Madam Chair, I Armed Services Committee last week. transforms naval power projection. have no further speakers, and I am pre- Madam Chair, it is not an exaggera- This technology can rapidly launch pared to close. I yield myself the bal- tion to say American democracy is high-velocity projectiles capable of ance of my time. under attack, and we need to shore up precision strikes at a range of more Madam Chair, first of all, I want to our defenses. Foreign governments, than 100 miles, all without the need for thank Chairman VISCLOSKY and Rank- particularly Russia, are actively en- combustible propellants or motors. ing Member CALVERT for their com- gaged in efforts to undermine our de- Ships deploying with this system will ments and their support and for their mocracy and sow seeds of discord have longer ranges, deeper magazines, hard work on the consideration of this among the electorate, and they have and lower cost-per-shot than conven- division of the appropriations package been frighteningly successful. tional naval artillery. and all they have done and continue to In the special counsel’s report on This technology has already received do to advance our national security Russian interference in the 2016 Presi- initial investments; however, current and make sure that our warfighters dential election, Director Mueller de- and future investment is absolutely never enter a fair fight. scribed Russia’s election-meddling op- vital to ensure the railgun module This bipartisan amendment supports erations as ‘‘sweeping and systemic.’’ being designed is built to meet the game-changing technology that is al- Russia systematically waged a misin- needs of the Future Surface Combatant ready demonstrating tactically rel- formation campaign to weaken our specifications and can be tested aboard evant capability. Just last month at confidence and participation in the existing naval vessels. White Sands Missile Range, the Navy democratic process, including by dis- The additional $10 million provided fired a railgun on a 34-degree trajec- couraging voting, undermining con- by this amendment will help keep de- tory at 6 megajoules and will be firing fidence in our institutions of govern- livery of an integrated prototype at 20 megajoules in September. ment, promoting false political nar- mount system on its original timeline By building upon years of develop- ratives, and widening social divisions. of being ready by 2021. Continued in- ment and investment, the Navy railgun Madam Chair, we need to increase vestment in this program will also sup- will be tested as early as next year our resilience to these attacks on our port live-fire engagement testing using aboard surface vessels, firing explosive democracy, and I believe civics edu- hypervelocity projectiles and the next and nonexplosive projectiles at air- and cation must be a major part of this generation of shipboard compatible sea-based targets. strategy. Civics programs provide stu- pulsed power. Along with my colleagues Mr. LAM- dents with an understanding of Amer- While I believe the United States BORN and Mr. LIEU, I urge support of ican law, how government works, and continues to lead the way, our adver- this amendment. the skills to participate in democracy.

VerDate Sep 11 2014 06:43 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.020 H18JNPT1 H4716 CONGRESSIONAL RECORD — HOUSE June 18, 2019 A citizenry armed with a civics back- torate. I am hoping that by strength- nomic national security and social ground, I believe, is absolutely crucial ening our civics education, starting value. to a healthy democracy; and in the with our young people, we will build re- One initiative in the National Secu- context of the threats that we face siliency into protecting our democracy rity Innovation Network is the highly today, I believe it is vital to the sta- and everything that we love about this successful Hacking for Defense course. bility of our democracy. country. Hacking for Defense, or H4D, is a Unfortunately, only 17 percent of Madam Chair, I urge my colleagues course currently taught at more than Americans say they can trust the Fed- to support the amendment, and I yield two dozen universities across the Na- eral Government to do what is right at back the balance of my time. tion. It pairs student teams with spon- least most of the time; only 26 percent Mr. VISCLOSKY. Madam Chair, I sors from across the defense and intel- of Americans can name all three yield back the balance of my time. ligence community to apply lean start- branches of government; and less than b 1530 up methodology developed in Silicon 30 percent of fourth, eighth, and Valley to rapidly solve challenging, twelfth grade students scored pro- The Acting CHAIR. The question is nonclassified national security prob- ficient on the 2014 National Assessment on the amendment offered by the gen- lems. of Education Progress civics test. tleman from Rhode Island (Mr. LAN- H4D was authorized in the 2018 Na- Furthermore, in 2016, only 56 percent GEVIN). tional Defense Authorization Act and of the United States voting-age popu- The question was taken; and the Act- has been taught for 3 years, already lation voted in the Presidential elec- ing Chair announced that the ayes ap- producing innovative solutions to nation, a number lower than most other peared to have it. tional security problems. For example, developed democratic nations. Mr. BROOKS of Alabama. Madam a team at Columbia University helped It should come as no surprise that we Chair, I demand a recorded vote. Special Operations Command automate are vulnerable to misinformation cam- The Acting CHAIR. Pursuant to communication of essential informa- paigns. Too many of us do not fully un- clause 6 of rule XVIII, further pro- tion from the battlefield to Central derstand or engage in the democratic ceedings on the amendment offered by Command; a Stanford team helped de- process. the gentleman from Rhode Island will velop an innovative way for Navy Madam Chair, I believe that we need be postponed. SEALs to spend less time underwater. to increase participation and improve AMENDMENT NO. 19 OFFERED BY MR. LIPINSKI These and other successful innova- civic knowledge, and education is, I be- The Acting CHAIR. It is now in order tions have been developed by students lieve, the way to do it. to consider amendment No. 19 printed in these classes. The innovation and $2 million for civics education is just in part A of House Report 116–111. entrepreneurial education that occurs a start, but it will fund the develop- Mr. LIPINSKI. Madam Chair, I have with H4D also helps to train the next ment of innovative, evidence-based an amendment at the desk. generation of our industrial-based civics programs at the Department of The Acting CHAIR. The Clerk will innovators. In this way, it provides tre- Defense schools to start with. designate the amendment. mendous benefit to our national secu- Working with colleges and univer- The text of the amendment is as fol- rity. sities or expert nonprofits, DOD lows: Madam Chair, I have had discussions schools will help pilot new curricula Page 247, line 17, after the first dollar with Chairman VISCLOSKY on this targeted to improving longitudinal amount, insert ‘‘(reduced by $10,000,000) (in- amendment about the best way to metrics, including democratic partici- creased by $10,000,000)’’. move forward with this funding in- pation and media literacy. This will The Acting CHAIR. Pursuant to crease, and I believe we have come to allow us to build new programs, test House Resolution 436, the gentleman an agreement on the best way to move their efficacy, and, from there, chart a from Illinois (Mr. LIPINSKI) and a Mem- forward to get an even bigger increase. broader path forward. ber opposed each will control 5 min- Madam Chair, I yield 1 minute to the Madam Chair, I urge my colleagues utes. gentleman from Indiana (Mr. VIS- to support this amendment and encour- The Chair recognizes the gentleman CLOSKY), chairman of the Appropria- age the development of more effective from Illinois. tions Defense Subcommittee. civics education programs. Mr. LIPINSKI. Madam Chair, I yield Mr. VISCLOSKY. Madam Chair, I ap- Madam Chair, I reserve the balance myself such time as I may consume. preciate the gentleman yielding, and I of my time. Madam Chair, I rise in support of my certainly do support his amendment. Mr. VISCLOSKY. Madam Chair, I amendment to provide an additional The amendment expands the Hacking rise in opposition, although I am not $10 million for the National Security for Defense program, designed to pro- opposed to the amendment. Innovation Network, or NSIN, which vide students the opportunity to learn The Acting CHAIR. Without objec- was originally called MD5. how to work with the Department and tion, the gentleman from Indiana is Section 225 of the 2018 NDAA author- intelligence community to better ad- recognized for 5 minutes. ized the national security innovation dress the Nation’s emerging threats. It There was no objection. and entrepreneurial education pro- is an important activity, and he is ab- Mr. VISCLOSKY. Madam Chair, I grams, including what is now known as solutely correct. simply want to take the time to thank NSIN. NSIN aims to educate and build Madam Chair, I would point out for my colleague for the work he is doing a network of innovators and entre- my colleagues that, in the current fis- to advocate and advance knowledge of preneurs equipped with the expertise, cal year, this program was funded at our Nation’s youth on the rights and know-how, incentives, and resources $15 million. In the current budget—and duties of citizenship. Again, I thank required to develop, commercialize, I appreciate his advocacy on behalf of him for his work. and apply technology for defense and this program—that has now been in- Madam Chair, I reserve the balance national security applications. creased to $40 million. Money is not ev- of my time. NSIN initiatives provide education erything, but it is important to this Mr. LANGEVIN. Madam Chair, I and technology innovation and entre- program to make sure it is adequately have no further speakers, and I will preneurship. Of note, they provided a funded. close by just thanking Chairman VIS- unique pathway for veterans to lever- I, again, thank the gentleman very CLOSKY and Ranking Member CALVERT age their expertise, while learning cut- much for his work. for their work on the Defense Sub- ting-edge business innovation method- Mr. LIPINSKI. Madam Chair, I thank committee portion of this package and ology, and apply their knowledge to Chairman VISCLOSKY for his work on for their commitment to our national new national security problems. this appropriations bill and for work- defense. Through these initiatives, DOD is ing with me on this amendment. As I said, I am troubled by the work growing a cadre of entrepreneurs that America’s strength and entrepreneur- of our enemies and adversaries to try are adept at critical thinking, innova- ship and innovation, we need to use to undermine confidence in govern- tive problem solving, and the creation those to protect our Nation in a rap- ment, sowing divisions among the elec- of successful ventures that deliver eco- idly evolving threat environment and

VerDate Sep 11 2014 04:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.023 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4717 maintaining our security. A small in- are proof that anyone who can serve fight and win our Nation’s wars. Any- crease in investment in Hacking for should be afforded the opportunity to thing that interferes with its readiness Defense helps us do this, while also serve. This legacy of honorable service for that mission poses an unacceptable training the next generation of will outlast this administration, this risk to our men and women in uniform. innovators who understand the need to transgender ban, and this administra- Unfortunately, this amendment poses contribute to our national security. tion’s attack on transgender Ameri- just such a risk by disregarding the Madam Chair, with the agreement of cans everywhere. military’s professional judgment and the chairman, I withdraw my amend- Madam Chair, I urge my colleagues interfering with the policy developed ment. to do what is right: Put country before to preserve warfighting readiness. The Acting CHAIR. The amendment party; defend the thousands of Ameri- Madam Chair, I strongly oppose this is withdrawn. cans who are making the greatest sac- amendment. I urge my colleagues to do AMENDMENT NO. 21 OFFERED BY MR. BROWN OF rifice they can make for our country. so as well, and I yield back the balance MARYLAND Defend the brave and patriotic service- of my time. The Acting CHAIR. It is now in order members who all came before Congress Mr. BROWN of Maryland. Madam to consider amendment No. 21 printed to talk about their service and the Chair, no one would argue that mili- in part A of House Report 116–111. service of other transgender service- tary readiness and deployability are Mr. BROWN of Maryland. Madam members. Defend them unquestionably. paramount, but transgender service- Chair, as the designee of the gentle- Defend the thousands of transgender members do not inherently impact ei- woman from California (Ms. SPEIER), I servicemembers impacted. Defend ther. have an amendment at the desk. them as they have defended us. Every service chief testified that The Acting CHAIR. The Clerk will Madam Chair, I reserve the balance transgender service would not disrupt designate the amendment. of my time. unit cohesion or readiness and empha- The text of the amendment is as fol- Mr. CALVERT. Madam Chair, I claim sized soldier deployability and not lows: the time in opposition to the amend- their gender identity. At the end of division C (before the short ment. Madam Chair, I yield 1 minute to the title), insert the following: The Acting CHAIR. The gentleman gentleman from Indiana (Mr. VIS- SEC. ll. None of the funds made available from California is recognized for 5 min- CLOSKY), chairman of the Appropria- by this Act may be used to implement Direc- utes. tions Defense Subcommittee. tive-type Memorandum (DTM)-19-004, Mili- Mr. CALVERT. Madam Chair, this Mr. VISCLOSKY. Madam Chair, I ap- tary Service by Transgender Persons and amendment risks undermining the preciate the gentleman yielding. Persons with Gender Dysphoria, March 12, readiness of our military at a time I would point out that the chiefs of 2019 (effective date April 12, 2019). when we can least afford it. It does so the Army, Navy, and Air Force and the The Acting CHAIR. Pursuant to by prohibiting the implementation of a Commandant of the Marine Corps testi- House Resolution 436, the gentleman careful and thoughtful policy devel- fied that the inclusive policy adopted from Maryland (Mr. BROWN) and a oped by a panel of military experts last under the Obama administration has Member opposed each will control 5 year regarding military service by caused no readiness issues. A panel of minutes. transgender individuals. retired military Surgeons General re- The Chair recognizes the gentleman Then-Secretary of Defense Mattis leased a report finding the ban’s ra- from Maryland. wrote that, in his best professional tionale for inclusion is contradicted by Mr. BROWN of Maryland. Madam judgment, allowing military service by ample evidence and that the ban Chair, I yield myself such time as I transgender individuals in the absence ‘‘harms readiness through forced dis- may consume. of this policy could ‘‘undermine the honesty, wasted talent, double stand- Madam Chair, I rise to offer this readiness, disrupt the unit cohesion, ards, and barriers to adequate care.’’ amendment on behalf of Congress- and impose an unreasonable burden on Madam Chair, this is the right thing woman JACKIE SPEIER from California, the military that is not conductive to to do, and I would simply close by say- who has been a determined leader and military effectiveness and lethality.’’ ing, with so much anger and so much partner in pushing back on this admin- This current policy is not—I repeat, hate in this world today, it is time to istration’s ban on transgender service- not—a ban on service by transgender be kind to people. members. individuals. It carefully balances the Madam Chair, I thank the gentleman Madam Chair, this amendment is readiness needs of the military with from Maryland for yielding. very simple. It states that no money the medical needs of transgender indi- Mr. BROWN of Maryland. Madam appropriated in this Defense appropria- viduals who wish to serve. Chair, may I inquire as to how much tions bill will be used to implement the As new recruits, those individuals time I have remaining. President’s ban on transgender service- can serve openly under their biological The Acting CHAIR. The gentleman members. No money shall be used to gender so long as they have not suf- has 11⁄2 minutes remaining. ask whether or not a servicemember fered from gender dysphoria within 36 Mr. BROWN of Maryland. Madam has transitioned: to force them to re- months and have not undergone gender Chair, I yield the balance of my time to main closeted in a Don’t Ask, Don’t transition procedures. the gentlewoman from Texas (Ms. Tell environment; to force them out to Furthermore, the new policy only ap- ESCOBAR). their colleagues before they are ready plies to those seeking to join the mili- Ms. ESCOBAR. Madam Chair, I to outwardly express who they are; and tary after its April 12, 2019, implemen- thank my colleague and also Congress- to ultimately force them out of the tation and allows the service and the woman SPEIER for their leadership on service. Coast Guard to waive its application in this critical issue. The President and his administration individual cases. Madam Chair, I am so disappointed wrongfully argue that it is about mili- This issue is not one of social policy that in 2019 this amendment is even tary readiness and unit cohesion, but but of deployability. Individuals with necessary. Our military is strong and these arguments are the same ones medical conditions that do not allow capable because of our dedicated serv- that were made to keep the military them to deploy, such as those identi- icemembers, including nearly 15,000 racially segregated. fied in the policy, adversely impact transgender troops. Madam Chair, my service in an inte- military readiness and reduce the mili- This year, the Armed Services Com- grated armed service did not harm tary’s warfighting capability. mittee held a hearing on the Presi- readiness, and neither does the service I would also point out that individ- dent’s policy, and Active-Duty of the more than 14,000 transgender sol- uals who require daily injections for transgender servicemembers testified diers, sailors, airmen, and marines. other medical conditions are also not before the House for the first time. Transgender servicemembers in- deployable, such as people who have di- Each one was an incredibly capable, ex- crease lethality and readiness. They abetes. perienced, and decorated leader. have served honorably and have re- Madam Chair, the military is an in- The DOD’s exhaustive review found ceived prestige commendations. They stitution with one primary mission: to no valid reason to ban these patriotic

VerDate Sep 11 2014 04:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.025 H18JNPT1 H4718 CONGRESSIONAL RECORD — HOUSE June 18, 2019 Americans who meet the same criteria the FISA court which then found prob- involves the warrantless collection of as their peers. able cause and granted an order to au- Americans’ data. Even under previous For 3 years, our military has oper- thorize surveillance of a Trump asso- administrations, the government has ated under a de facto inclusive policy ciate. misled or kept information from Con- where thousands could serve openly I appreciate my colleague’s concerns gress about its use of surveillance au- with, to quote General Millie, ‘‘pre- about Americans’ Fourth Amendment thorities, including their impact on cisely zero unit cohesion problems.’’ rights, but if my colleagues are con- Americans. The government has also repeatedly b 1545 cerned about the part of FISA used during the 2016 Presidential campaign, failed to abide by legal limitations Eighteen militaries already have in- they should be terrified of section 702. placed on those surveillance powers. clusive policies without incidents or Under section 702 of FISA, the FISA The Fourth Amendment recognizes impact to readiness, and the facts re- court does not approve targets. There that broad surveillance powers are too veal this policy for what it is: discrimi- are no individualized applications or dangerous to be put in the hands of any nation. requirements to show probable cause in President. I urge my colleagues to support Ms. order to collect communications. The The Amash-Lofgren amendment pro- SPEIER’s amendment. government can search and sweep in tects Fourth Amendment secured Mr. BROWN of Maryland. Madam billions of communications, including rights by limiting the ability of the Chair, I yield back the balance of my communications of Americans, and President to unconstitutionally collect time. then query that data for a particular Americans’ communications without a The Acting CHAIR. The question is American’s communications without a warrant. on the amendment offered by the gen- warrant. I reserve the balance of my time. Mr. VISCLOSKY. Madam Chair- tleman from Maryland (Mr. BROWN). The communications can be used to woman, I yield 2 minutes to the gen- The question was taken; and the Act- investigate and prosecute Americans. tleman from Texas (Mr. CONAWAY). ing Chair announced that the ayes ap- The government can use an American’s Mr. CONAWAY. Madam Chairwoman, peared to have it. data to send them to prison without Mr. BROOKS of Alabama. Madam I rise in strong opposition to this ever obtaining a warrant for it. amendment. For over 3 years, the Chair, I demand a recorded vote. The Amash-Lofgren amendment puts The Acting CHAIR. Pursuant to House Intelligence Committee posted in basic safeguards to allow the govern- bipartisan classified and unclassified clause 6 of rule XVIII, further pro- ment to continue using section 702 for ceedings on the amendment offered by education sessions for Members to its stated purpose of gathering foreign learn about FISA section 702. the gentleman from Maryland will be intelligence, while limiting the govern- postponed. FISA section 702 is a critical national ment’s warrantless collection of Amer- security authority that has helped the AMENDMENT NO. 24 OFFERED BY MR. AMASH icans’ communications under FISA. United States collect vital intelligence The Acting CHAIR. It is now in order This amendment gives my Repub- on terrorists and other hostile actors to consider amendment No. 24 printed lican colleagues an opportunity to located overseas. After vigorous de- in part A of House Report 116–111. show that their concern about Fourth bate, we were able to pass a bipartisan, Mr. AMASH. Madam Chair, I have an Amendment violations extends to the bicameral compromise bill in the last amendment at the desk. countless Americans that are impacted Congress that preserved the oper- The Acting CHAIR. The Clerk will by the government’s warrantless FISA ational flexibility of section 702 while designate the amendment. surveillance. instituting reforms to further protect The text of the amendment is as fol- I reserve the balance of my time. U.S. persons’ privacy. lows: Mr. VISCLOSKY. Madam Chair, I President Trump signed this legisla- At the end of division C (before the short rise in strong opposition to the gentle- tion into law in January of 2018. The title), insert the following: man’s amendment. amendment today seeks to reopen a de- SEC. lll. None of the funds made avail- The Acting CHAIR. The gentleman bate that was settled last Congress. able by this Act may be used to submit a cer- from Indiana is recognized for 5 min- tification under section 702(h) of the Foreign Rather than debating this issue within Intelligence Surveillance Act of 1978, or for utes. the relevant committees of jurisdic- an acquisition pursuant to such a certifi- Mr. VISCLOSKY. Madam Chair, the tion, however, Members who lost the cation, if such certification does not include proposed change inserts a new test for debate last year now seek to have an- the following sentence: ‘‘This certification the certification of acquisition and is other bite at that apple to subvert the does not authorize any acquisition that in- likely meant to make it more difficult legislative process by bypassing those tentionally targets a person reasonably be- for the NSA to target foreign nationals committees. If passed, I fear this lieved to be located outside the United if the intended target is in communica- amendment will have devastating con- States if a significant purpose of such tar- tion with someone in the United geting is to acquire the communications of a sequences on our national security. particular, known person reasonably be- States. First, the amendment creates new, lieved to be in the United States, any acqui- I would point out, however, to the strict requirements on targeting of for- sition of a communication as to which no gentleman that this is an appropria- eign actors overseas just because the participant is a person who is targeted pur- tions bill. This is not an authorization hostile foreign actor is communicating suant to the authorized acquisition, or any bill. The amendment is a serious with an associate in the United States. acquisition of a communication known to be change in policy and deserves more If this amendment were to pass, if a entirely domestic’’. than 10 minutes of debate in this terrorist located in a foreign country The Acting CHAIR. Pursuant to Chamber on our bill. communicates with conspirators lo- House Resolution 436, the gentleman The issue belongs in the authorizing cated in the United States, the intel- from Michigan (Mr. AMASH) and a committees. I do not believe that this ligence community might not be able Member opposed each will control 5 amendment has benefited from the to use section 702 to target that ter- minutes. work of the authorization process, and rorist because he is communicating The Chair recognizes the gentleman I do believe it would potentially put with a person in the United States. from Michigan. American lives at greater risk. For example, the intelligence com- Mr. AMASH. Madam Chairwoman, I I reserve the balance of my time. munity was able to thwart Najibullah yield myself such time as I may con- Mr. AMASH. Madam Chairwoman, a Zazi’s planned terrorist attack to deto- sume. vote for this amendment is also a vote nate explosives in Manhattan. If this For more than a year, Republicans to keep the President in check. For 2 amendment were enacted, the FBI and have been speaking forcefully about years now my Democratic colleagues NSA might not have been able to use the use of FISA to gather intelligence have spoken about the administra- 702 to target the al-Qaida courier in on people associated with the Trump tion’s violation of civil liberties and its Pakistan communicating back to con- campaign. The concern is that some in- disregard for laws passed by Congress. spirators in the United States, thus re- formation was inappropriately in- Section 702 is a broad authority with sulting in another terrorist attack in cluded in an application submitted to limited oversight and its regular use New York City.

VerDate Sep 11 2014 04:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.028 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4719 Section 702 was enacted to prevent Mr. JORDAN. Madam Chairwoman, I community to target the communica- this type of event. This example illus- thank the gentleman for yielding. tions of non-U.S. persons located out- trates the amendment’s callous dis- I want to thank the gentleman from side the United States for foreign intel- regard for the history of the program. Michigan and the gentlewoman from ligence purposes. Second, the amendment would limit California for sponsoring this amend- This FISA section 702 program is an NSA’s abouts communication collec- ment. This is needed. important tool for the intelligence tion. Abouts communication collection I just want to remind this body of a community to gather foreign intel- takes place in NSA’s upstream collec- couple statements. One was made by ligence information to protect the tion, and due to how internet commu- Attorney Emmet Flood talking about homeland against international ter- nications work, allows NSA to collect what took place with the President of rorism, weapons proliferation, hostile the communications that may ref- the United States, and he said this: actions, cyber actors, and other threats erence a 702 target’s email address. We would all do well to remember, if it can to the national security. Again, we debated this issue last happen—talking about the FISA issue—if it Importantly, its focus is on for- Congress and placed a statutory re- can happen to a President, imagine what eigners located abroad. It does not striction on NSA’s ability to continue they can do to you and I. Imagine what they allow the intelligence community to abouts collection until meeting certain can do to you and I. We need reform in this target U.S. persons. Section 702 collec- requirements. program. tions already include significant pro- I strongly urge opposition to this Second, CHUCK SCHUMER. When the tection for civil liberties and privacy. amendment. leader in this Congress, leader in the While the amendment may be well- Mr. AMASH. Madam Chairwoman, Senate was on the Rachel Maddow intentioned, I fear it will upset the how much time do I have remaining? Show on January 3 talking about what delicate balance reflected in current The Acting CHAIR. The gentleman took place with the President—— wording of this provision. The recent from Michigan has 21⁄2 minutes remain- The Acting CHAIR. The time of the comprehensive review and bipartisan ing. reauthorization of section 702 by Con- Mr. AMASH. Madam Chairwoman, gentleman has expired. gress would strongly suggest that addi- my colleague is parroting the same Mr. AMASH. Madam Chair, I yield an tional changes to the program without thing we hear each time we try to additional 15 seconds to the gentleman a full review of the potential impact is make any reforms to the government from Ohio. ill-advised. surveillance authorities. These argu- Mr. JORDAN. Madam Chair, Mr. Madam Chairwoman, intelligence of- ments are no longer credible. SCHUMER said this, about the Presi- ficials from the Obama administration Just a few months ago, the former dent. He said: ‘‘Let me tell you: You and the Trump administration have as- Director of National Intelligence ad- take on the intelligence community— serted, as FBI Director Christopher mitted that the government ‘‘may have they have six ways from Sunday at get- Wray recently reiterated, that section oversold’’ the importance of the NSA’s ting back at you.’’ 702 is one of the most viable tools we dragnet of Americans’ phone records That is not how it is supposed to have in our toolbox to keep America when Congress was considering reforms work in this country. That is not how safe. Accordingly, I oppose this amend- in 2013. Now we have seen reports that it is supposed to work. The unelected ment. the program has been shuttered en- people answer to the elected indi- Mr. VISCLOSKY. Madam Chair, I am tirely despite the government’s dire vidual. This is about reforming this opposed to the amendment, and yield warnings about limiting it to protect program, making sure it respects our fundamental liberties. I respect the back the balance of my time. Americans’ rights. Mr. SCHIFF. Madam Chair, I rise in opposi- Madam Chair, my amendment still gentleman for bringing the amendment tion to the amendment offered by the gen- allows the government to use section forward. tleman from Michigan and the gentlelady from 702 for its purpose of surveilling for- Mr. AMASH. Madam Chairwoman, California. eigners overseas. All it does is limit when I go back to my district, I hear Bipartisan majorities of the House and Sen- things like collecting fully domestic from my constituents and they always ate have recognized the national security im- communications. ask: What is wrong with Washington? portance of the section 702 program, that it I reserve the balance of my time. We can see what is wrong with Wash- can help protect our country and respect the Mr. VISCLOSKY. Madam Chair- ington right here. We have Republicans woman, I understand I have the right privacy of our citizens, and that these goals for months saying: We are worried need not be in conflict. This near consensus to close, and I reserve the balance of about FISA abuse. FISA is out of con- my time. was founded in part on recognition of the 702 trol. program’s close and regular examination by Mr. AMASH. Madam Chair, I yield 30 Here we are trying to limit FISA, seconds to the gentleman from Texas, the DNI and DOJ, by the Foreign Intelligence and they are running against it. They Surveillance Court, by The Privacy and Civil (Mr. ROY). are saying: No, we can’t limit FISA. Mr. ROY. Madam Chair, I thank the Liberties Oversight Board, by inspectors gen- Democrats say: We want to hold the eral—and of course, by the judiciary and intel- gentleman from Michigan, and I want President in check. Executive powers to rise to offer my support for his tire- ligence committees in the House and Senate. are out of control. Even against this background, I have long less efforts on this topic, in particular. We have an amendment to hold the It should not be a hard question that supported privacy and transparency reforms President in check. This is our time to the American citizens, the people who that preserve the undoubted value of the sec- stand up for the American people. live here afforded protections under tion 702 program to U.S. National security. For I am sick of going home and telling our Constitution, should not be tar- that reason, I joined in strongly backing the bi- geted unnecessarily, even when we are them that neither side wanted to de- partisan compromise legislation, which im- doing our appropriate job to target fend their rights. I want to thank Ms. posed new privacy safeguards while reauthor- those who wish to do us harm abroad. LOFGREN for joining me in this amend- izing section 702 activities. And I do strongly I believe that the amendment in ment, and I yield back the balance of believe that, as Members of Congress question attempts to do just that, to my time. charged with upholding the Constitution, we ensure we have those tools to target Mr. VISCLOSKY. Madam Chair, I should be actively and always looking for those abroad while protecting Amer- yield the remainder of my time to the ways to shore up section 702’s already rig- ican citizens, and I thank the gen- gentleman from California (Mr. CAL- orous regime for protecting the rights of U.S. tleman for his efforts. VERT), the ranking member of the com- persons—in a fashion that still permits the IC Mr. AMASH. Madam Chair, may I mittee. to accomplish its mission. ask how much time I have remaining? Mr. CALVERT. Madam Chair, may I And that is where I think the amendment The Acting CHAIR. The gentleman ask the Chair how much time is re- goes too far, and needlessly risks doing seri- from Michigan has 13⁄4 minutes remain- maining? ous harm to what is perhaps our government’s ing. The Acting CHAIR. The gentleman most valuable mechanism for obtaining the Mr. AMASH. Madam Chair, I yield 30 from Indiana has 2 minutes remaining. communications of foreigners overseas. seconds to the gentleman from Ohio Mr. CALVERT. Madam Chairwoman, With its addition of new, unnecessary and (Mr. JORDAN). section 702 authorizes the intelligence confusing legal requirements, the amendment

VerDate Sep 11 2014 06:43 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K18JN7.032 H18JNPT1 H4720 CONGRESSIONAL RECORD — HOUSE June 18, 2019 would risk the section 702 program’s tem- Mrs. DINGELL. Madam Chair, I yield safe. I am grateful for his dedication to porary cessation, while the IC takes steps to myself such time as I may consume. this important task. understand and comply with the amendment’s Madam Chair, our servicemen and I am pleased to offer my amendment mandates. -women suffer from arthritis at that would increase funding for life Moreover, as written the amendment strong- disproportionally high rates compared support systems on Ohio-class sub- ly suggests that the IC immediately would to the civilian population. Arthritis is marines. This program is important for have to stop collecting the communications of the leading cause of disability among ensuring the Ohio class reaches its 42- a suspected terrorist abroad, simply because our veterans and the second leading year service life extension. the suspected terrorist was communicating cause of medical discharge among Submarines are a critical component with an individual thought to be within in the members of the Army. However, there of our Nation’s nuclear triad, which en- United States. The IC should not be required is currently no dedicated funding for sures the United States has a constant to cease collection of intelligence in situations researching arthritis among our serv- deterrent against nuclear strikes from where it is entirely appropriate to collect it, and icemembers and veterans. nations that would do us harm. To where we most badly need to IC to do so— This bipartisan amendment, which keep this triad strong, we must ensure such as the Najibullah Zazi case, where the IC my friend from West Virginia, Con- that the Ohio-class submarines remain detected and foiled what would have been a gressman MCKINLEY, and I have worked in operation until the Columbia class deadly terrorist plot to detonate explosives on on as co-chairs of the Congressional can take their place. subway lines in Manhattan. Arthritis Caucus, would provide dedi- Putting modern, low-pressure life The amendment would also deny funds for cated funding for arthritis research in support systems on our submarines is so-called ‘‘abouts’’ collection, which the IC on the military. an essential part of ensuring the lon- its own decided to discontinue in 2017—and Establishing this line of funding gevity of this program. thus go well beyond the compromise carefully within the CDMRP will help improve I understand the chairman’s concerns crafted by Congress the following year. Under our understanding of arthritis in the about the Navy’s implementation of existing law such collection might resume one military. While some CDMRP money is submarine life support systems. When day, provided the IC first convinces the courts already used to research arthritis, this Congress appropriates money, it must and congress that such collection can be con- funding can fluctuate from year to be spent efficiently and promptly. I be- ducted in a manner that fully safeguards pri- year and is not specified in statute. lieve this program should be funded at vacy rights. The IC should not be banned from Our researchers need stable, consistent the historic level of $11,968,000. Madam Chair, I will offer to with- collecting intelligence in a fashion that protects funding in order to complete the long- draw my amendment and work with privacy, if it can devise an appropriate means term studies needed to better under- the chairman to ensure the Navy effec- of doing so. And yet that is precisely what the stand this disease. tively manages this program and that amendment would take off the table, in ad- I am proud that our amendment is Congress provides robust support for it vance. supported by over 20 veterans service I see no reason to disturb the balance that organizations. in future years. I am asking the chairman if we will we struck in 2018, after such extensive and I thank Chairman VISCLOSKY for his work together on this important issue rigorous deliberation. And I see many, strong consideration of this proposal and for his commitment to continue working moving forward. reasons to leave in place this critically nec- Mr. VISCLOSKY. Will the gentle- with us on future appropriations bills essary intelligence gathering tool, on which woman yield? to include arthritis research. With this our intelligence professionals rely every day. Ms. KUSTER of New Hampshire. I commitment, we are prepared to with- The Acting CHAIR. The question is yield to the gentleman from Indiana. on the amendment offered by the gen- draw the amendment. Mr. VISCLOSKY. Madam Chair, just tleman from Michigan (Mr. AMASH). Madam Chair, I withdraw my amend- to address the issue for a moment, I The question was taken; and the Act- ment. really appreciate the gentlewoman for ing Chair announced that the ayes ap- The Acting CHAIR. The amendment bringing this to all Members’ atten- peared to have it. is withdrawn. tion. She is absolutely correct that Mr. VISCLOSKY. Madam Chair, I de- AMENDMENT NO. 33 OFFERED BY MS. KUSTER OF this is a very important program. mand a recorded vote. NEW HAMPSHIRE I will point out that I think the most The Acting CHAIR. Pursuant to The Acting CHAIR. It is now in order important point she made is that the clause 6 of rule XVIII, further pro- to consider amendment No. 33 printed Navy and the government have to be ceedings on the amendment offered by in part A of House Report 116–111. very efficient in the expenditure of the gentleman from Michigan will be Ms. KUSTER of New Hampshire. these funds. It is an important pro- postponed. Madam Chair, I have an amendment at gram, but I would point out that the the desk. b 1600 Navy has awarded contracts late for The Acting CHAIR. The Clerk will the last few years, causing the program The Acting CHAIR. The Chair under- designate the amendment. stands that amendment No. 25 will not to remain perpetually behind. The text of the amendment is as fol- Again, though, I understand that be offered. lows: what the gentlewoman and the com- AMENDMENT NO. 29 OFFERED BY MRS. DINGELL Page 241, line 13, after the dollar amount, mittee want is to let us get this back The Acting CHAIR. It is now in order insert ‘‘(increased by $5,333,000)’’. on track and make sure it is properly to consider amendment No. 29 printed Page 245, line 20, after the dollar amount, insert ‘‘(reduced by $5,333,000)’’. funded. I absolutely would be happy to in part A of House Report 116–111. work with the gentlewoman on this. Mrs. DINGELL. Madam Chair, I have The Acting CHAIR. Pursuant to Ms. KUSTER of New Hampshire. an amendment at the desk. House Resolution 436, the gentlewoman Madam Chairman, I thank the chair- The Acting CHAIR. The Clerk will from New Hampshire (Ms. KUSTER) and man, and I withdraw my amendment. designate the amendment. a Member opposed each will control 5 The Acting CHAIR. The amendment The text of the amendment is as fol- minutes. is withdrawn. lows: The Chair recognizes the gentle- AMENDMENT NO. 34 OFFERED BY MS. KUSTER OF Page 248, line 19, after the dollar amount, woman from New Hampshire. NEW HAMPSHIRE insert ‘‘(reduced by $20,000,000)’’. Ms. KUSTER of New Hampshire. The Acting CHAIR. It is now in order Page 249, line 1, after the dollar amount, Madam Chair, I yield myself such time to consider amendment No. 34 printed insert ‘‘(increased by $20,000,000)’’. as I may consume. in part A of House Report 116–111. The Acting CHAIR. Pursuant to Madam Chair, I thank Mr. VISCLOSKY Ms. KUSTER of New Hampshire. House Resolution 436, the gentlewoman and his staff for their tireless dedica- Madam Chair, I have an amendment at from Michigan (Mrs. DINGELL) and a tion to putting together such a com- the desk. Member opposed each will control 5 prehensive Defense appropriations bill. The Acting CHAIR. The Clerk will minutes. The work the gentleman’s committee designate the amendment. The Chair recognizes the gentle- does to ensure our Armed Forces has The text of the amendment is as fol- woman from Michigan. the funding it needs keeps America lows:

VerDate Sep 11 2014 04:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.030 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4721 Page 247, line 17, insert ‘‘(increased by BRAD SCHNEIDER, emphasizes the im- the replacement of the Black Hawk $5,000,0000) (reduced by $5,000,000)’’ after the portance of the DOD funding research helicopter, which first entered service dollar amount. to increase the capacity of the defense in 1979. The additional range and pay- The Acting CHAIR. Pursuant to industry to produce lead-free elec- load that will be available via the House Resolution 436, the gentlewoman tronics that meet the performance re- Black Hawk replacement will ensure from New Hampshire (Ms. KUSTER) and quirements of our Nation’s Armed that our troops are provided with the a Member opposed each will control 5 Forces. This research will ensure that most technologically advanced equip- minutes. American manufacturers can supply ment. The Chair recognizes the gentle- the men and women who keep us safe The Army currently enjoys a com- woman from New Hampshire. with modern, resilient technology that petitive advantage over our adver- MODIFICATION TO AMENDMENT NO. 34 OFFERED meets their unique needs. saries, and investment into future BY MS. KUSTER OF NEW HAMPSHIRE I look forward to working with the vertical lift will ensure that we con- Ms. KUSTER of New Hampshire. DOD and the Defense Appropriations tinue to have that advantage. Madam Chair, my amendment inad- Subcommittee to ensure funding for Madam Chair, I ask for support of vertently contains a numerical draft- the development of this program. this amendment, and I reserve the bal- ing error that would increase spending. Madam Chair, I yield 2 minutes to ance of my time. Therefore, I ask unanimous consent the gentleman from Illinois (Mr. VIS- Mr. CALVERT. Madam Chair, I claim that my amendment be modified with CLOSKY). the time in opposition, although I sup- the form that I have placed at the Mr. VISCLOSKY. Madam Chair, I ap- port the amendment. desk. preciate the gentlewoman yielding me The Acting CHAIR. Without objec- The Acting CHAIR. The Clerk will re- time and simply would suggest that tion, the gentleman from California is port the modification. the committee has no opposition to the recognized for 5 minutes. The Clerk read as follows: amendment. There was no objection. The amendment is modified to read as fol- I would point out that, again, she Mr. CALVERT. Madam Chair, the lows: struck a chord with me when she Army identified a $75.6 million un- Page 247, line 17, insert ‘‘(increased by talked about the supply chain problems funded requirement for the future $5,000,000) (reduced by $5,000,000)’’ after the vertical lift program, and this amend- dollar amount. we have in the United States of Amer- ica across the industrial sector. ment helps to address that by adding The Acting CHAIR. Is there objection Again, I appreciate her raising this an additional $9 million, as the chair- to the request of the gentlewoman and offering the amendment. man brought out, to this program. from New Hampshire? Ms. KUSTER of New Hampshire. Madam Chair, this is a good program. There was no objection. Madam Chair, I yield back the balance I support it, and I yield back the bal- The Acting CHAIR. The amendment of my time. ance of my time. is modified. The Acting CHAIR. The question is Mr. VISCLOSKY. Madam Chair, I The gentlewoman is recognized for 5 on the amendment, as modified, offered yield back the balance of my time. minutes. by the gentlewoman from New Hamp- The Acting CHAIR. The question is Ms. KUSTER of New Hampshire. shire (Ms. KUSTER). on the amendment offered by the gen- Madam Chair, I yield myself such time The question was taken; and the Act- tleman from Indiana (Mr. VISCLOSKY). as I may consume. ing Chair announced that the ayes ap- The question was taken; and the Act- Madam Chair, I am pleased to offer peared to have it. ing Chair announced that the ayes ap- my amendment that addresses an im- Mr. ROY. Madam Chair, I demand a peared to have it. portant supply chain issue related to recorded vote. Mr. ROY. Madam Chair, I demand a defense electronics. The Acting CHAIR. Pursuant to recorded vote. Driven by environmental regulations clause 6 of rule XVIII, further pro- The Acting CHAIR. Pursuant to outside the United States, the world- ceedings on the amendment, as modi- clause 6 of rule XVIII, further pro- wide $1 trillion commercial electronics fied, offered by the gentlewoman from ceedings on the amendment offered by industry converted to lead-free compo- New Hampshire will be postponed. the gentleman from Indiana will be nents over 15 years ago. Despite this The Chair understands that amend- postponed. global transition, the United States ment No. 36 will not be offered. The Chair understands that amend- aerospace and defense electronics in- AMENDMENT NO. 38 OFFERED BY MR. VISCLOSKY ment No. 39 will not be offered. dustry continues to rely upon lead- The Acting CHAIR. It is now in order AMENDMENT NO. 40 OFFERED BY MR. VISCLOSKY based assembly technology because to consider amendment No. 38 printed The Acting CHAIR. It is now in order lead-based assembly is considered in part A of House Report 116–111. to consider amendment No. 40 printed structurally superior. Mr. VISCLOSKY. Madam Chair, as in part A of House Report 116–111. To ensure the reliability and per- the designee of the gentleman from Mr. VISCLOSKY. Madam Chair, I formance of lead-free technology for Texas, I have an amendment at the rise as the designee of the gentleman defense and aerospace electronics, ad- desk. from New York (Mr. JEFFRIES) and ditional research and development are The Acting CHAIR. The Clerk will have an amendment at the desk. needed. Because the DOD electronics designate the amendment. The Acting CHAIR. The Clerk will market is just a small fraction of the The text of the amendment is as fol- designate the amendment. broader electronics market, commer- lows: The text of the amendment is as fol- cial industry needs Federal leadership Page 223, line 22, after the dollar amount, lows: in this area. insert ‘‘(reduced by $9,000,000)’’. Page 223, line 22, after the dollar amount, As technological advances in civilian Page 246, line 11, after the dollar amount, insert ‘‘(reduced by $500,000) (increased by electronics continue to incorporate insert ‘‘(increased by $9,000,000)’’. $500,000)’’. lead-free technology, this problem will The Acting CHAIR. Pursuant to The Acting CHAIR. Pursuant to only become more acute. As a result, House Resolution 436, the gentleman House Resolution 436, the gentleman the DOD cannot rapidly integrate from Indiana (Mr. VISCLOSKY) and a from Indiana (Mr. VISCLOSKY) and a state-of-the-art lead-free components, Member opposed each will control 5 Member opposed each will control 5 including semiconductors, for cutting- minutes. minutes. edge technologies like hypersonics, ar- The Chair recognizes the gentleman The Chair recognizes the gentleman tificial intelligence, and robotics that from Indiana. from Indiana. impact numerous DOD weapons sys- Mr. VISCLOSKY. Madam Chair, this Mr. VISCLOSKY. Madam Chairman, tems. amendment provides an additional $9 this amendment deals with additional This disconnect between the defense million to address one of the Army’s funds for reporting on climate change and commercial electronics industries top unfunded priorities, future vertical impacts on our national security. can no longer be ignored. lift. I would point out that, in 2014, the My amendment, which I am offering The funding would allow the Army to Department of Defense issued a cli- with my colleague Representative speed up the acquisition timeline for mate change adaptation roadmap that

VerDate Sep 11 2014 04:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.034 H18JNPT1 H4722 CONGRESSIONAL RECORD — HOUSE June 18, 2019 described the very serious and signifi- ment must be transparent in reporting diving, and transportation skills by cant ways that climate change threat- the strategic, operational, and finan- performing services and developing ens the national security of the United cial costs of climate change. projects for American communities States of America. I would ask support for the amend- that otherwise would not have the re- b 1615 ment, and I yield back the balance of sources to conduct them on their own. my time. In 2018, the services led 39 missions It found that rising global tempera- The Acting CHAIR. The question is across the United States. My constitu- tures, changing precipitation patterns, on the amendment offered by the gen- ents in Puerto Rico are among those climbing sea levels, and more extreme tleman from Indiana (Mr. VISCLOSKY). who have greatly benefited from this weather events will intensify the chal- The question was taken; and the Act- program. lenges of global instability, hunger, ing Chair announced that the ayes ap- A year after Hurricane Maria dev- poverty, and conflict. peared to have it. astated our island, 200 servicemembers It will likely lead to food and water Mr. CALVERT. Madam Chair, I de- participated in two of these missions to shortages, pandemic disease, disputes mand a recorded vote. provide no-cost medical and construc- over refugees and resources, and de- The Acting CHAIR. Pursuant to tion services to local residents. struction by natural disasters in re- clause 6 of rule XVIII, further pro- Through the Ola de Esperanza gions across the globe. ceedings on the amendment offered by Sanadora mission, they assisted local Earlier this year, the department re- the gentleman from Indiana will be authorities in providing medical, den- leased another report that found that postponed. tal, and optometry care to over 3,800 more than two-thirds of the military’s AMENDMENT NO. 41 OFFERED BY MISS patients. Similarly, they partnered operationally critical installations are GONZA´ LEZ-COLO´ N with Habitat for Humanity to build a threatened by climate change. The Acting CHAIR. It is now in order three-family home designed to resist It noted that the effects of a chang- to consider amendment No. 41 printed hurricanes in the Quintana neighboring climate are a national security in part A of House Report 116–111. hood of San Juan. issue, with potential impacts to the Miss GONZA´ LEZ-COLO´ N of Puerto Earlier this year, the 1st Mission Department of Defense’s missions, Rico. Madam Chair, I have an amend- Support Command and the U.S. Army operational plans, and installations. ment at the desk. Reserve Virgin Islands and Puerto Rico As an example, the Air Force cur- The Acting CHAIR. The Clerk will soldiers joined more than 500 members rently oversees 15 radar sites in Alas- designate the amendment. from different DOD components in a ka. Since the Cold War, they have mon- The text of the amendment is as fol- mission on the island that provided itored the airspace above much of the lows: medical service to over 9,000 patients, Bering Sea and the Arctic. When the Page 223, line 22, after the dollar amount, delivered over 2,000 eyeglasses, and radar sites were selected in the 1950s, insert ‘‘(increased by $4,356,000) (reduced by completed over 10,000 medical proce- along Alaska’s coastlines and deep in $4,356,000)’’. dures. its interior, melting permafrost and The Acting CHAIR. Pursuant to Participating units, therefore, in- coastal erosion were not yet long-term House Resolution 436, the gentlewoman creased their readiness and obtained strategic concerns for the department. from Puerto Rico (Miss GONZA´ LEZ- valuable, hands-on training experience However, the melting of permafrost COLO´ N) and a Member opposed each will while helping thousands of their fellow is happening more rapidly than Pen- control 5 minutes. American citizens in Puerto Rico re- tagon officials predicted, and it is caus- The Chair recognizes the gentle- ceive the care they need. ing the ground beneath the sites to woman from Puerto Rico. Other communities across the Nation crumble. Three radar sites in Alaska Miss GONZA´ LEZ-COLO´ N of Puerto have also benefited greatly from this were forced to close in 2007 due in part Rico. Madam Chair, today I rise to program. In Alaska, as an example, the to soil erosion. speak on behalf of the bipartisan program supports missions like Oper- A 2014 Government Accountability amendment No. 41 to division C of the ation Arctic Care, which provided rov- Office report found that the installa- Defense appropriations division to H.R. ing medical and dental care to rural tions are seeing erosion that the Pen- 2740. and Alaska Native villages. tagon did not expect to occur until My amendment seeks to provide an In the Northern Mariana Islands— 2040. increase of $4,356,000 to further support and I want to thank Congressman This amendment ensures that the De- the Department of Defense’s Innova- SABLAN for being an original cosponsor partment of Defense continues to pro- tive Readiness Training program, of this amendment—these missions vide scientifically based information bringing its total recommended fund- have helped renovate and improve the about the effects of climate change on ing level for fiscal year 2020 to $30 mil- Tinian Health Clinic. national security. lion. This proposed increase is made In Mississippi, this mission has Madam Chair, I reserve the balance possible by reducing the Operation and partnered with a local foundation in a of my time. Maintenance, Defense-wide account by multi-year mission to build a special- Mr. CALVERT. Madam Chair, I rise the same amount. needs camp. in opposition to the gentleman’s The Innovative Readiness Training Given how these missions have been amendment. program, IRT program, is a Depart- vital in improving our servicemembers’ The Acting CHAIR. The gentleman ment of Defense military training op- readiness while simultaneously offer- from California is recognized for 5 min- portunity, exclusive to the United ing quality services to thousands of utes. States and its territories, that delivers Americans, I strongly believe Congress Mr. CALVERT. Madam Chair, just 5 joint opportunities to increase deploy- should provide as much support as pos- months ago, the Department of Defense ment readiness. sible for the program. This amendment completed a public assessment titled Simultaneously, IRT provides key seeks to do that. ‘‘Report on Effects of a Changing Cli- services with lasting benefits for com- I commend Chairman VISCLOSKY, mate to the Department of Defense.’’ munities across our Nation, thus Ranking Member CALVERT, and the The report accompanying the bill in- strengthening the bonds between the House Appropriations Committee for cludes further directive language re- American people and the U.S. military. including a $10 million increase above garding additional reporting require- Each year, this program enhances de- the President’s budget request, and my ments for the department. ployment readiness for approximately amendment simply seeks to complete How many reports do we need on this 7,000 servicemembers by providing this effort by providing an additional topic in 1 year? This amendment is ex- hands-on, real-world training experi- increase to bring the program total traneous and unnecessary; I urge my ence for mission-essential tasks, often budget to $30 million, consistent with colleagues to oppose it; and I yield in remote or underserved areas across the recommended funding level in the back the balance of my time. the country. Senate version for the fiscal year 2020. Mr. VISCLOSKY. Madam Chair, I Military units have an opportunity Madam Chair, I want to conclude by would simply state that the depart- to refine their engineering, healthcare, thanking my colleague Congressman

VerDate Sep 11 2014 04:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.045 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4723 SABLAN from the Northern Mariana Is- ment. This is a good investment that for Political-Military Affairs Clarke lands for cosponsoring my amendment. will save this country a lot of money Cooper testified last week, most of I urge my colleagues to join this effort, with its passage, and I yield back the these weapons systems will not be and I yield back the balance of my balance of my time. ready for months, if not potentially time. The Acting CHAIR. The question is years. The Acting CHAIR. The question is on the amendment offered by the gen- Our arm sales process was designed on the amendment offered by the gentleman from South Carolina (Mr. NOR- to include congressional review specifi- tlewoman from Puerto Rico (Miss MAN). cally to ensure that each case serves GONZA´ LEZ-COLO´ N). The amendment was agreed to. U.S. interests. The amendment was agreed to. AMENDMENT NO. 44 OFFERED BY MR. TED LIEU If the administration believes that AMENDMENT NO. 43 OFFERED BY MR. NORMAN OF CALIFORNIA these sales can stand on the merits, The Acting CHAIR. It is now in order The Acting CHAIR. It is now in order they should make their case to Con- to consider amendment No. 43 printed to consider amendment No. 44 printed gress. Until they do, we must use the in part A of House Report 116–111. in part A of House Report 116–111. power of the purse and every other ave- Mr. NORMAN. Madam Chair, I rise Mr. TED LIEU of California. Madam nue to block them. I also want to thank Chairman VIS- today because I have an amendment at Chair, I have an amendment at the CLOSKY for his leadership and support the desk. desk. as well. I urge my colleagues to sup- The Acting CHAIR. The Clerk will The Acting CHAIR. The Clerk will designate the amendment. port this amendment, and I reserve the designate the amendment. balance of my time. The text of the amendment is as The text of the amendment is as fol- follows: Mr. CALVERT. Madam Chair, I rise lows: in opposition to the amendment. Page 238, line 2, after the dollar amount, At the end of division C (before the short The Acting CHAIR. The gentleman insert ‘‘(reduced by $7,500,000) (increased by title), insert the following: $7,500,000)’’. from California is recognized for 5 min- SEC. ll. None of the funds made available utes. The Acting CHAIR. Pursuant to by this Act may be used to issue export li- Mr. CALVERT. Madam Chair, at the House Resolution 436, the gentleman censes for the following defense items, including defense articles, defense services, outset, it should be clear: There is no from South Carolina (Mr. NORMAN) and country that is more hostile to the in- a Member opposed each will control 5 and related technical data, described in the certification Transmittal Numbers DDTC-17- terests of the United States and our al- minutes. lies, especially Israel, than Iran. The Chair recognizes the gentleman 079, DDTC-17-094, DDTC 17-112, DDTC-17-126, DDTC-17-128, DDTC-18-013, DDTC-18-029, In fact, as we debate this bill, the from South Carolina. DDTC-18-030, DDTC-18-050, DDTC-18-080, U.S. and our partners in the region are Mr. NORMAN. Madam Chair, I yield DDTC-18-103, DDTC-18-109, DDTC-18-110, under serious threat from Iran and its myself as much time as I may con- DDTC-19-001, 17-0B, 17-BM, 17-CR, 17-CU, 18- proxies. sume. AU, 18-BE, 19-AA and 19-AR. As our commander of the U.S. Cen- This amendment would establish a The Acting CHAIR. Pursuant to tral Command, General Frank pilot program that would allow an ex- House Resolution 436, the gentleman McKenzie, said recently, the Iranian peditionary sea base, ESB, to be from California (Mr. TED LIEU) and a threat remains imminent. equipped with weaponry to defend Member opposed each will control 5 Just last week, Iranian Revolu- itself. minutes. tionary Guard forces used a type of This pilot program is needed because, The Chair recognizes the gentleman magnetic mine—a limpet mine—to at- currently, an ESB must be accom- from California. tack Japanese and Norwegian oil tank- panied by a destroyer when on a mis- Mr. TED LIEU of California. Madam ers in the Gulf of Oman. sion. To deploy a destroyer, oper- Chair, I yield myself such time as I b 1630 ational costs add up to $33 million. may consume. If the $7.5 million pilot program— On May 24, the Trump administra- In addition to this threat to inter- which is the cost—is passed, then this tion notified Congress that it was de- national freedom of navigation and commerce, Iran’s Houthi proxies have expeditionary sea base will be able to claring a so-called emergency to by- launched sustained attacks on airports protect itself and a destroyer will no pass congressional review of 22 arms and other infrastructure targets within longer be required to accompany it, al- sales to Saudi Arabia and the United lowing the destroyer to complete other Saudi Arabia. Arab Emirates. In this context, it is clearly in the missions. I am offering this amendment be- This pilot program does not mean the national interest of the United States cause there is no emergency, just a ESB will go out actively using its to ensure that our partners in the re- conflict in Yemen that has killed thou- weaponry. Rather, the intent of this gion have the capabilities they need to sands of civilians with U.S.-made weap- program would be to free up the de- counter a hostile Iran. ons and a Congress that is tired of stroyer for other missions without The sweeping scope of this amend- being complicit. That is why we voted leaving an ESB defenseless. ment, however, seeks to block all 22 of last month to pass bipartisan, bi- Madam Chair, I reserve the balance these arms sales instead of those few cameral resolutions to end U.S. sup- of my time. that may be of particular concern. For Mr. CALVERT. Madam Chair, I rise port for the Saudi-led coalition in example, it would attempt to prevent in opposition, although I am not op- Yemen. the transfer of precision-guided muni- posed to the amendment. Despite that clear signal from Con- tions to our ally Jordan, as well as a The Acting CHAIR. Without objec- gress, the administration decided to number of other seemingly non- tion, the gentleman from California is use an emergency power to go around controversial cases. recognized for 5 minutes. us and push through an unpopular arms Madam Chair, we need to work with There was no objection. package that would likely be used in our partners in the region to accom- Mr. CALVERT. Madam Chair, I that conflict. plish common objectives on counter- thank the gentleman for this amend- That package includes an unprece- terrorism and in deterring Iran, includ- ment. They make that fine ship in San dented proposal to move production of ing through timely U.S. defense trans- Diego, California, and we want to de- precision-guided munitions to Saudi fers. fend it to the hilt, so we appreciate Arabia, essentially outsourcing jobs to Arbitrarily stopping a large number this amendment. the kingdom of Saudi Arabia. of arms sales, regardless of their sensi- It makes the bill a better bill, and I Simply put, this is an egregious tivity, will hinder the ability of our thank the gentleman for bringing that abuse of the emergency authority we combatant commander to accomplish bill forward. gave the executive and a direct affront these goals. It will also undermine the Madam Chair, I yield back the bal- to our institution. reputation of the United States as a re- ance of my time. To add insult to injury, the arms in liable security partner and provide op- Mr. NORMAN. Madam Chair, I would question aren’t even available to be ex- portunities to China or Russia to erode just say, this is a return on invest- ported. As Assistant Secretary of State U.S. influence in the region.

VerDate Sep 11 2014 04:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.048 H18JNPT1 H4724 CONGRESSIONAL RECORD — HOUSE June 18, 2019 I want to acknowledge that all of us We are a coequal branch of govern- As one of only two parties in the are deeply concerned with the ongoing ment. We want the executive branch, agreement, and the only party cur- humanitarian crisis in Yemen. I sup- no matter who is in the executive rently playing by the rules, the U.S. is port the efforts of the executive branch branch, to respect the fact that we are. subject to severe restrictions on our to work with the U.N. Special Envoy That is clear to the people in this military capabilities faced by no other toward a political resolution of this House. We have voted that way, and we nation on Earth. This problem is espe- conflict. have talked that way. We believe that cially acute in Asia, where the U.S. It is also unfortunate that the De- what the administration did by calling must project power across vast dis- partment of State decided to utilize an these weapons ‘‘emergency’’ was not tances and with enormous logistics emergency waiver authority on the the right thing to do. It is clearly not chains. arms sales that are the subject of this an emergency. It is clearly a way of While the original treaty was about amendment. Congressional oversight skirting around Congress. It is clearly intermediate-range nuclear weapons, over arms transfers is an important re- a way of trying to not work with Con- China has seized upon the potential of sponsibility, and it would have been gress. conventional missiles of intermediate best had these sensitive matters been I think that it is time that the Con- ranges, which are likewise banned handled through the traditional congress takes back important things, under the INF. The Chinese military sultative process. such as declaring war, such as sending has invested in thousands of conven- This is not the appropriate vehicle to these things to our allies. tional ground-based missiles, roughly vindicate those congressional preroga- I feel very, very strongly, and I think 95 percent of which would be prohibited tives. That responsibility rests with that my colleagues will, too, that Mr. by the treaty if Beijing were a signa- the Foreign Affairs and Foreign Rela- LIEU should be supported in this. tory. tions Committees, and not in this bill. Mr. TED LIEU of California. Madam This arsenal puts us on the wrong Madam Chair, accordingly, I oppose Chair, I yield back the balance of my side of the cost competition. As you this amendment, and I reserve the bal- time. can see from this chart from the non- ance of my time. Mr. CALVERT. Madam Chair, we partisan Center for Strategic and Mr. TED LIEU of California. Madam need to stand by our allies and oppose Budgetary Assessments, the U.S. mili- Chair, I appreciate the comments of Iran. This amendment is not helpful. I tary is dangerously outranged at inter- the gentleman from California. encourage all of our colleagues to vote mediate distances. I simply note that the issue here is ‘‘no’’ on this amendment. No matter how capable or affordable, not whether we should sell arms to our I yield back the balance of my time. our ships, fighters, and bombers will allies, such as Saudi Arabia and the The Acting CHAIR. The question is never be cheaper than ground-based United Arab Emirates. The issue is on the amendment offered by the gen- missiles. This is a recipe for disaster, whether Congress should have a role or tleman from California (Mr. TED LIEU). both in war and in peacetime competi- we are going to be completely bypassed The question was taken; and the Act- tion. by this administration. ing Chair announced that the ayes ap- Two years ago, to remedy this, Con- That is all this amendment seeks to peared to have it. gress began R&D funding for ground- do, to have Congress take a role in the Mr. ROY. Madam Chair, I demand a based conventional intermediate mis- way we have always taken a role in recorded vote. siles. Now that the United States is The Acting CHAIR. Pursuant to arms sales. months away from a post-INF world, clause 6 of rule XVIII, further pro- Madam Chair, I yield 1 minute to the Congress is threatening to undo this ceedings on the amendment offered by gentleman from Indiana (Mr. VIS- process by zeroing out R&D for these the gentleman from California will be CLOSKY). purely conventional missile systems. Mr. VISCLOSKY. Madam Chair, I ap- postponed. To be clear, early-stage R&D on in- preciate the gentleman for yielding, AMENDMENT NO. 45 OFFERED BY MR. GALLAGHER termediate missiles is allowable under OF WISCONSIN and I appreciate the gentleman for of- the treaty. It is why we have been fering the amendment. The Acting CHAIR. It is now in order doing it over the past 2 years. The operative word here is ‘‘bypass.’’ to consider amendment No. 45 printed The cuts contained in this bill al- The administration has used an ob- in part A of House Report 116–111. ready go beyond what is mandated by Mr. GALLAGHER. Madam Chair, I scure, rarely used provision to skirt the agreement. It would not only keep have an amendment at the desk. congressional review of arms sales with us unilaterally tied to a treaty that no The Acting CHAIR. The Clerk will Saudi Arabia and the United Arab one else is honoring, but it would also designate the amendment. Emirates. The text of the amendment is as fol- expand the scope of our commitment The administration’s lack of jus- lows: by blocking R&D funding. tification for using this emergency au- Madam Chair, this is insanity. No thority with respect to these sales is Page 223, line 22, after the dollar amount, other conventional weapons system insert ‘‘(reduced by $96,000,000)’’. troubling, especially when you consider Page 246, line 11, after the dollar amount, would ever be held to this standard. We much of the equipment contained in insert ‘‘(increased by $20,000,000)’’. wouldn’t do it for planes. We wouldn’t these cases would not be delivered for Page 247, line 17, after the dollar amount, do it for ships. We wouldn’t do it for months, as the gentleman from Cali- insert ‘‘(increased by $76,000,000)’’. tanks. Yet, we are doing it for missiles fornia rightfully pointed out. The Acting CHAIR. Pursuant to that would provide credible, dispersed, Congress is a coequal branch of gov- House Resolution 436, the gentleman and lethal firepower. ernment and has oversight responsibil- from Wisconsin (Mr. GALLAGHER) and a I understand that my colleagues, ities to review such cases before we sell Member opposed each will control 5 some on both sides of the aisle, have major weapons systems to other coun- minutes. concerns on nuclear weapons. I under- tries. These review requirements are on The Chair recognizes the gentleman stand. I appreciate that. I would wel- the books for a reason, and this amend- from Wisconsin. come a conversation with any of my ment helps to ensure that the law is Mr. GALLAGHER. Madam Chair, I colleagues about prohibiting R&D dol- adhered to and that Congress is re- yield myself such time as I may con- lars from going toward intermediate- spected and can meet its constitutional sume. range nuclear missiles. requirement. Last December, in lockstep with our But despite the INF name, this Mr. TED LIEU of California. Madam NATO allies, the U.S. determined that amendment has nothing to do with nu- Chair, I yield 1 minute to the gen- Russia is in material breach of the In- clear weapons. This is all about con- tleman from New York (Mr. ENGEL). termediate-Range Nuclear Forces, or ventional deterrence. Mr. ENGEL. Madam Chair, I com- INF, Treaty. This followed determina- Go talk to the men and women who pliment my colleague from California. tions by the State Department in 2014, are downrange in the Indo-Pacific This is something that is very serious, 2015, 2016, and 2017 that Russia has Command who are, on a daily basis, and obviously, we have been talking failed to comply with its INF obliga- dealing with the real-world ramifica- about it for a long time now. tions. tions of an increasingly unfavorable

VerDate Sep 11 2014 04:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.053 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4725 conventional military balance. They ervation of this landmark arms control Madam Chair, I believe that it is nec- will tell Members, and, indeed, they treaty. essary to maintain a credible and effec- have told us on the Armed Services The December 2018 statement by the tive nuclear deterrence. Committee, that deploying inter- NATO Foreign Ministers reinforced I also strongly believe that multilat- mediate-range conventional missiles in this by stating that the treaty had eral diplomatic efforts, including the Asia would help increase our deter- been crucial in upholding NATO’s secu- INF Treaty and other international rence and, therefore, improve our abil- rity for over 30 years. agreements, that encourage all coun- ity to avoid war, which is what it is all The February 2019 statement by the tries to restrain potentially bad behav- about. North Atlantic Council continued to ior are key elements of U.S. national Madam Chair, I cannot be clear call on Russia to return to compliance security. enough. By zeroing out R&D funding with the treaty. It did not endorse the Beyond this particular amendment, for intermediate-range conventional development of INF-violating weapons it is my hope that the administration missiles, this bill undermines our abil- by the U.S. or any other member of the will reconsider its efforts to unilater- ity to credibly deter aggression. What- alliance. ally abrogate from our national respon- ever we think about nuclear weapons, NATO’s official position on the trea- sibility to uphold the INF Treaty, and these cuts make them more important ty remains that NATO’s focus is to pre- instead, to work with Congress and our to American defense planning, not less, serve the INF treaty. allies abroad to address and rectify by reducing our options to restore There is no question Russia has not long-standing arms control concerns growing imbalances in conventional upheld its promises as a signatory to with Russia and other global actors. power. the treaty. However, I believe the irre- I will continue to be a strong advo- This is a mistake that I fear will cost sponsible actions of the Russian Gov- cate for diplomacy and remain a will- the United States in more ways than ernment do not require the U.S. to ing and available partner to the admin- one. I urge my colleagues to support jump headlong into a costly and unnec- istration and our colleagues in regard my amendment, which would restore essary arms race that will promote to this treaty and other important funding for R&D for intermediate- greater instability, which hearkens issues. range conventional missiles and pro- back to the policies and actions that Madam Chair, I do oppose the gentle- vide the Department with the flexi- defined the most perilous phases of the man’s amendment, and I yield back the bility it needs to pursue this critical Cold War. balance of my time. capability. This amendment would negate pre- The Acting CHAIR. The question is Madam Chair, I reserve the balance vious U.S. nonproliferation and arms on the amendment offered by the gen- of my time. control efforts. It is neither prudent tleman from Wisconsin (Mr. GALLA- Mr. VISCLOSKY. Madam Chair, I nor wise. GHER). The question was taken; and the Act- rise in opposition to the gentleman’s Madam Chairman, I reserve the bal- ing Chair announced that the noes ap- amendment. ance of my time. peared to have it. The Acting CHAIR. The gentleman Mr. GALLAGHER. Madam Chair, I Mr. CALVERT. Madam Chair, I de- from Indiana (Mr. VISCLOSKY) is recog- want to quickly say that a treaty that nized for 5 minutes. mand a recorded vote. no one else is abiding by is merely a The Acting CHAIR. Pursuant to Mr. VISCLOSKY. Madam Chair, the suicide pact with ourselves. clause 6 of rule XVIII, further pro- Russians are cheating on the INF Trea- Secondly, even if you disagree with ceedings on the amendment offered by ty. That does not mean we should com- my assessment of the INF, this limits the gentleman from Wisconsin will be pound the first problem by creating a our ability to conduct R&D, which isn’t postponed. second problem. Don’t make a bad situ- prohibited by the treaty. AMENDMENT NO. 47 OFFERED BY MR. GALLAGHER ation worse. Madam Chair, I yield 1 minute to the Our energy and focus should remain The Acting CHAIR. It is now in order gentleman from California (Mr. CAL- to consider amendment No. 47 printed on diplomacy and multilateral efforts VERT). to bring Russia back into compliance in part A of House Report 116–111. The Acting CHAIR. The gentleman Mr. GALLAGHER. Madam Chair, I with the INF Treaty. from Wisconsin has 45 seconds remain- The INF Treaty, which was signed by rise as the designee of the gentle- ing. woman from Wyoming (Ms. CHENEY), President Reagan in 1987, established Mr. CALVERT. Madam Chair, I will an agreement between the United and I have an amendment at the desk. be very quick. The Acting CHAIR. The Clerk will States, Russia, and a number of other I am shocked: The Russians are designate the amendment. countries to not field ground-launched cheating. The text of the amendment is as fol- cruise and ballistic missiles with Now that our treaty obligations are lows: ranges between 500 and 5,500 kilo- suspended, the United States needs to Page 223, line 22, after the first dollar meters. This treaty was instrumental move forward with developing ground- amount, insert ‘‘(reduced by $19,600,000)’’. in arresting the arms race, defusing launched INF missile capability. Page 238, line 2, after the first dollar tensions, and ultimately, bringing an Madam Chair, I support the gentle- amount, insert ‘‘(increased by $19,600,000)’’. end to the Cold War. man’s amendment. The Acting CHAIR. Pursuant to I find it very concerning that, due to b 1645 House Resolution 436, the gentleman the President’s suspension of compli- from Wisconsin (Mr. GALLAGHER) and a ance in February, the INF Treaty will Mr. GALLAGHER. Madam Chair, I Member opposed each will control 5 be officially null and void on August 2. thank the gentleman for his comments, minutes. This was all done without exhausting and I thank my colleagues on the other The Chair recognizes the gentleman all diplomatic efforts and with limited side of the aisle for this spirited de- from Wisconsin. congressional input. bate. Mr. GALLAGHER. Madam Chair, it The conditions established in the I just would ask that we consider is my privilege to offer my colleague, treaty are crucial to European secu- what we want the world to look like in Ms. CHENEY’s, amendment to restore rity. a post-INF environment, because that badly needed funding for Trident II I find it disingenuous that the state- is where we are headed, and we have Modifications relating to low-yield ment of administration policy on this multiple options we need to pursue. We submarine-launched ballistic missile bill implies NATO endorses the U.S. de- are limiting ourselves. We are taking a warheads. veloping an intermediate-range cruise step backward if we do not approve this This amendment seeks to address an missile capability. The Brussels sum- amendment. urgent operational requirement. Russia mit declaration by NATO heads of Madam Chair, I yield back the bal- has a nuclear doctrine known as esca- state and government in July 2018 stat- ance of my time. late to deescalate. This doctrine em- ed that the INF Treaty has been cru- Mr. VISCLOSKY. Madam Chair, I phasizes using low-yield nuclear weap- cial to Euro-Atlantic security and that yield myself such time as I may con- ons against U.S. and allied forces on we remain fully committed to the pres- sume. the battlefield.

VerDate Sep 11 2014 04:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.055 H18JNPT1 H4726 CONGRESSIONAL RECORD — HOUSE June 18, 2019 As the logic behind this doctrine Madam Chair, I urge my colleagues That has never been more applicable goes, destroying large portions of to support this amendment on a bipar- than in regard to this program. NATO forces with low-yield nuclear tisan basis, and I reserve the balance of Madam Chair, this amendment is weapons would leave allied decision- my time. vital to maintaining deterrence and makers with an unenviable decision be- Mr. VISCLOSKY. Madam Chair, I peace. I would urge my colleagues to tween accepting Russian conquest and rise in opposition to the amendment. support it. the effective end of NATO, or launch- The Acting CHAIR. The gentleman I might point out that the Russians ing strategic nuclear weapons and ush- from Indiana is recognized for 5 min- are under the perception that this is a ering in a nuclear holocaust. utes. strategic imperative from their per- In other words, they put the onus of Mr. VISCLOSKY. Madam Chair, I, spective. So from my perspective, let’s escalation and all of the attendant again, strongly oppose the gentleman’s remove that misconception and vote in international opprobrium on us. amendment. This amendment would favor of this amendment. I don’t know about you, but that does provide funding for the deployment of Mr. GALLAGHER. Madam Chair, I not sound like a good choice to me. the ill-conceived low-yield nuclear war- thank the gentleman from California The Nuclear Posture Review is actu- head on Ohio-class ballistic missile (Mr. CALVERT) for his strong words in ally clear on this subject: ‘‘Expanding submarines. support. flexible U.S. nuclear options now, to I believe that deploying this warhead Madam Chair, I urge all my col- include low-yield options, is important would amplify the risk of a devastating leagues to join us in standing up for the preservation of credible deter- nuclear conflict with Russia by reduc- against Russian aggression. rence against regional aggression . . . ing the threshold of nuclear use and in- In order to implement the National will raise the nuclear threshold and creasing the risk of miscalculation. Defense Strategy, we have to find a help ensure that potential adversaries Deploying the W76–2 warhead on bal- way to move to conventional deter- perceive no possible advantage in lim- listic missile submarines carries espe- rence by denial as opposed to putting ited nuclear escalation, making nu- cially great risk. all of our eggs in the basket of stra- clear weapons employment less like- I would ask the Members of this body tegic deterrence by punishment. ly.’’ to consider, if we deploy a low-yield Madam Chair, I yield back the bal- Critics may argue that we have al- warhead aboard our nuclear sub- ance of my time. ready had low-yield weapons in our ar- marines, would Russia regard such Mr. VISCLOSKY. Madam Chair, in senal and we do not need a submarine- weapons as less of a threat than our ex- closing, I wish to emphasize that we launched variant. They also argue isting submarine-launched nuclear should not use the most survivable leg against displacing strategic weapons missiles? of our triad as a tactical warfighting with low-yield options in limited mis- If we were to use such a weapon, even platform. sile SSBN missile tubes. in response to a Russian first use of It is imperative for the House to reaf- But as the Nuclear Posture Review low-yield weapons, would Russia be firm Ronald Reagan’s clear-eyed admo- finds, sea-launched low-yield weapons likely to act with restraint, or would provide tangible advantages compared nition that a nuclear war cannot be to dual-capable aircraft. Russian leaders instead assume that we won and must never be fought. I quote again: ‘‘A low-yield SLBM have initiated a strategic nuclear at- Madam Chair, I urge my colleagues warhead and SLCM will not require or tack, and respond in kind? to reject this amendment, and I yield rely on host nation support to provide Do we really believe that any nuclear back the balance of my time. deterrent effect. They will provide ad- exchange can avoid escalation by using The Acting CHAIR. The question is ditional diversity in platforms, range, low-yield weapons? on the amendment offered by the gen- and survivability, and a valuable hedge The significant danger of miscalcula- tleman from Wisconsin (Mr. GALLA- against future nuclear ‘break out’ sce- tion is greater than any marginal ben- GHER). narios.’’ efit we might gain from having another The question was taken; and the Act- I just would emphasize, to close, the low-yield capability in our nuclear ar- ing Chair announced that the noes ap- findings from the Nuclear Posture Re- senal. peared to have it. view are not partisan. This amendment I would point out that suggesting Mr. CALVERT. Madam Chair, I de- is actually advancing a bipartisan posi- that barring the deployment of this is mand a recorded vote. tion. akin to unilateral disarmament is sim- The Acting CHAIR. Pursuant to Former Obama Secretary of Defense ply not true. clause 6 of rule XVIII, further pro- Ash Carter has gone on record saying: This bill includes robust funding for ceedings on the amendment offered by ‘‘My views are reflected in the latest maintaining and modernizing our nu- the gentleman from Wisconsin will be Nuclear Posture Review.’’ clear arsenal. The bill includes more postponed. Jim Miller, Under Secretary of De- than $712 million for the development AMENDMENT NO. 50 OFFERED BY MS. BLUNT fense for Policy during the Obama ad- of the Long-Range Standoff Weapon. It ROCHESTER ministration, has argued that ‘‘Sec- provides $1.6 billion for the Columbia- The Acting CHAIR. It is now in order retary of Defense Jim Mattis’ 2018 Nu- class Submarine and over $3 billion for to consider amendment No. 50 printed clear Posture Review offers continuity the continued development of the B–21 in part A of House Report 116–111. with past U.S. policy and plans, includ- bomber. Ms. BLUNT ROCHESTER. Madam ing those in the 2010 NPR. It deserves This bill does cut excessive, unproven Chair, I have an amendment at the broad bipartisan support. Its proposal nuclear programs that generate signifi- desk. for a low-yield SLBM weapon and a cant risks without appreciably enhanc- The Acting CHAIR. The Clerk will new nuclear-tipped sea-launched cruise ing our security or that of our allies, designate the amendment. missile are sensible responses to but those looking for unilateral disar- The text of the amendment is as fol- changed security conditions, especially mament in this bill will not find it. lows: Russia and North Korea.’’ Madam Chair, I reserve the balance Page 223, line 22, after the dollar amount, We have heard time and again from of my time. insert ‘‘(reduced by $1,000,000)’’. this body, rightly, that we need to push Mr. GALLAGHER. Madam Chair, I Page 223, line 22, after the dollar amount, back on Russian aggression. On this, yield 1 minute to the gentleman from insert ‘‘(increased by $1,000,000).’’ we are unified as a body. This is a tan- California (Mr. CALVERT). The Acting CHAIR. Pursuant to gible step to do so. Mr. CALVERT. Madam Chair, do you House Resolution 436, the gentlewoman As General Hyten, head of U.S. Stra- trust the Russians? I don’t trust the from Delaware (Ms. BLUNT ROCHESTER) tegic Command, has argued, this capa- Russians. and a Member opposed each will con- bility is: ‘‘ . . . necessary to our stra- Those who think they are making trol 5 minutes. tegic deterrence mission and will serve the world safer by refusing to support The Chair recognizes the gentle- to disabuse any adversary of the mis- the programs should remember the an- woman from Delaware. taken perception they can escalate cient Latin adage, ‘‘If you want peace, Ms. BLUNT ROCHESTER. Madam their way to victory.’’ prepare for war.’’ Chair, I rise today in support of my

VerDate Sep 11 2014 04:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.059 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4727 amendment to the division C Defense Ms. BLUNT ROCHESTER. I yield to That is $13 billion that could go into appropriations of H.R. 2740. the gentleman from Indiana. education or infrastructure or I applaud my colleagues for including Mr. VISCLOSKY. Madam Chair, I healthcare or housing or even invest- expanded authorities in the fiscal year thank the gentlewoman for yielding. ments in foreign assistance and diplo- 2019 National Defense Authorization I commend the gentlewoman for her macy that would actually keep us Act that would allow the Defense De- work with the committee to make all safer. partment’s Space-Available Flights of us aware of the lack of support that I am deeply concerned, Madam Chair, program to benefit veterans with 100 our veterans are facing on the space- that continuing to pour more and more percent service-connected disability. available flights. I am happy to report money into building up our nuclear ar- As you may know, the Space-A pro- that, because of congressional actions senal puts us down a dangerous course. gram offers free military air travel to such as hers and her adamant action on Just this past weekend, we found our- eligible participants if there is avail- this behalf, the Department is updating selves in yet another escalation of ten- able space on a flight heading to a des- their air transportation eligibility re- sions with Iran, with the Secretary of tination within the continental United quirements to expand space-available State saying that the administration is States. privileges in no little reason because of ‘‘considering a full range of options,’’ Prior to the fiscal year 2019 NDAA, the gentlewoman’s actions, and I do including military options in response the Space-A program provided Active support her amendment. to the attack on two tankers in the Duty, reservists, retirees, and certain Ms. BLUNT ROCHESTER. Madam Gulf of Oman. And just last night, family members with this benefit. Chair, I yield back the balance of my President Trump announced that he is Space-A is an example of programs time. sending another 1,000 American troops operated by the military that can and The Acting CHAIR. The question is to the Middle East. do work for the American people. on the amendment offered by the gen- Meanwhile, let me remind my col- Expanding the benefit to include 100 tlewoman from Delaware (Ms. BLUNT leagues that this administration has percent disabled veterans was common ROCHESTER). recklessly torn up former President sense, and will help those veterans The question was taken; and the Act- Reagan’s Intermediate-Range Nuclear visit their family, old friends from the ing Chair announced that the ayes ap- Forces, or INF, Treaty with Russia, service, and even seek services for med- peared to have it. pulled out of President Obama’s his- ical and mental health treatment with Mr. ROY. Madam Chair, I demand a toric nonproliferation accord with the best possible healthcare providers. recorded vote. Iran, and escalated inflammatory ten- For 100 percent disabled veterans in The Acting CHAIR. Pursuant to sions and rhetoric with some of the Delaware, the expansion of Space-A of- clause 6 of rule XVIII, further pro- world’s most powerful nuclear-armed fered an especially convenient travel ceedings on the amendment offered by states. alternative due to the Dover Air Force the gentlewoman from Delaware will The President’s agenda outlined in Base’s central location within the be postponed. his 2018 nuclear posture review would State. AMENDMENT NO. 51 OFFERED BY MS. JAYAPAL also resurrect former nuclear capabili- Many such communities across the The Acting CHAIR. It is now in order ties that bipartisan administrations country are similarly improved thanks to consider amendment No. 51 printed have wisely eliminated. According to to this program. in part A of House Report 116–111. many expert observers, some of the up- While the effort to expand access to Ms. JAYAPAL. Madam Chair, I have grades made to our nuclear program in this program to some of our Nation’s an amendment at the desk. the past few years could be interpreted veterans was well-intentioned, I have The Acting CHAIR. The Clerk will as plans for a ‘‘first strike.’’ heard from some veterans that there designate the amendment. Let me be clear, the Trump adminis- may have been an unintended con- The text of the amendment is as fol- tration’s plan to develop the LRSO sequence. lows: cruise missile is not only wasteful, but The new authorities do not allow At the end of division C (before the short potentially dangerous. It will make our caregivers or spouses to travel with eli- title), insert the following: country, in my opinion, less safe. The gible veterans as part of the program. SEC. l. None of the funds made available weapon is expected to be significantly For many veterans that are rated as by this Act may be used for continued re- more capable than the cruising system 100 percent disabled, the inability to search on the Long-Range Standoff missile it is replacing. It will be likely harder have their caregiver or spouse join (LRSO). to detect, have a longer range, fly fast- them on the flight effectively disquali- The Acting CHAIR. Pursuant to er, and be more accurate. The weapon fies them from utilizing this incredible House Resolution 436, the gentlewoman will also be deployed on advancing pen- program. from Washington (Ms. JAYAPAL) and a etrating bombers, which are less de- We must ensure that all eligible vet- Member opposed each will control 5 tectable and designed to infiltrate erans have equal and fair access to the minutes. enemy air defenses. benefits they have earned. The Chair recognizes the gentle- In contrast, the system that the President Lincoln made it clear that woman from Washington. LRSO is replacing is only carried by it is our country’s duty to care and as- Ms. JAYAPAL. Madam Chair, I the B–52, which flies relatively slowly sist those that had borne the battle on thank Chairman VISCLOSKY for his and is easily spotted by radar. As a re- behalf of the country, and it is our leadership on the Defense appropria- sult, the new cruise missile and bomber duty as a country to follow through on tions bill, as well as Mr. MCGOVERN, could allow attacks on an array of tar- that promise. our Rules Committee chair, for making gets without being detected first, and That is why I request that the De- this amendment in order. that could lead to devastating mis- partment of Defense provide to Con- My amendment deals with one par- calculation and, potentially, to acci- gress an assessment of feasibility or ticular piece of the administration’s dental nuclear war. possible issues in expanding eligible escalation of our nuclear warfighting Madam Chair, don’t just take may participants to include spouses and capability, and that is the long-range word for it. Let me tell you that caregivers when traveling with 100 per- standoff weapon, or LRSO. This new former Secretary of Defense Jim cent disabled veterans. nuclear-armed cruise missile does not Mattis stated that he is not sold on the Madam Chair, I urge my colleagues add to our country’s already strong LRSO. Why are we appropriating to support my amendment, and I look strategic deterrent. Instead, it per- money to something that the former forward to working with my colleagues forms a redundant purpose that can al- Secretary of Defense for the Repub- on improving this benefit afforded to ready be accomplished with the stand- lican administration is not sold on? these veterans. off capability of other weapons sys- In a Washington Post op-ed in 2015, tems. William Perry, Secretary of Defense b 1700 The CBO estimates that, over 10 from 1994 to 1997, and Andy Weber, As- Mr. VISCLOSKY. Will the gentle- years, canceling the production of this sistant Secretary of Defense for Nu- woman yield? weapon would save us about $13 billion. clear, Chemical, and Biological Defense

VerDate Sep 11 2014 04:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.062 H18JNPT1 H4728 CONGRESSIONAL RECORD — HOUSE June 18, 2019 Programs from 2009 to 2014, wrote has a significant degraded ability to ceedings on the amendment offered by about the LRSO: ‘‘Some have argued survive modern air defense systems. We the gentlewoman from Washington will that a new nuclear-capable air- also need the long-range standoff weap- be postponed. launched cruise missile is necessary to on because conventional air-launched AMENDMENT NO. 59 OFFERED BY MR. CROW allow future Presidents the ‘flexibility’ cruise missiles are unable to effec- The Acting CHAIR. It is now in order to engage Russia or China in limited tively meet the same deterrence re- to consider amendment No. 59 printed nuclear war. That is Cold War think- quirements. in part A of House Report 116–111. ing, and it is dangerous. Such ‘tactical’ Madam Chair, sustaining the nuclear Mr. CROW. Madam Chair, I have an use of nuclear weapons would be a standoff capability in the air leg of the amendment at the desk. grave mistake.’’ U.S. strategic triad strengthens our de- The Acting CHAIR. The Clerk will Our nuclear weapons arsenal is about terrence. Conventional weapons are not designate the amendment. deterrent capabilities, not warfighting. capable of fulfilling the nuclear-armed The text of the amendment is as fol- It is troubling, then, that proponents of cruise missile’s contribution to, and lows: the LRSO, including the Defense De- role in, an effective deterrence and re- Page 223, line 22, after the dollar amount, partment, have said that the missile is assurance of U.S. allies. insert ‘‘(reduced by $13,000,000)’’. needed for capabilities ‘‘beyond deter- Page 223, line 22, after the dollar amount, Effective deterrence requires that an insert ‘‘(increased by $13,000,000)’’. rence.’’ adversary believes that the United The Pentagon argues that the LRSO The Acting CHAIR. Pursuant to States can and may respond in kind to House Resolution 436, the gentleman could be used to respond ‘‘proportion- a nuclear attack. ately to a limited nuclear attack.’’ I from Colorado (Mr. CROW) and a Mem- For these reasons, I urge the defeat ber opposed each will control 5 min- would argue that this is dangerous of this amendment. Cold War thinking and that there is no utes. Madam Chair, I yield such time as he The Chair recognizes the gentleman such thing as a limited nuclear war. may consume to my colleague from In- My amendment is specifically fo- from Colorado. diana (Mr. VISCLOSKY). Mr. CROW. Madam Chair, I yield my- cused on halting development of the Mr. VISCLOSKY. Madam Chair, I ap- self such time as I may consume. LRSO, which wouldn’t be deployed preciate the gentleman yielding. I rise today to offer an amendment until the early 2030s, but we also have I appreciate the perspective of the supporting an additional $13 million to look at this weapon and the message gentlewoman as well, and I would point appropriation for the Readiness and that it is sending as part of this admin- out that, during the day today, I have Environmental Protection Integration istration’s dangerous escalation of our risen in opposition to two different nu- Program, known as the REPI Program. nuclear posture. This President has clear policy issues that would increase Since 2003, REPI has been tasked joked about his nuclear button being spending in our bill. I would like to with ensuring our military installation ‘‘bigger and more powerful’’ than Kim point out I am opposed, however, to the readiness by allowing the Department Jong-un’s. This is terrifying, unaccept- gentlewoman’s amendment, and her of Defense to enter into cost-sharing able, and it is our duty to exert con- bill does take several actions related to partnerships with State and local gov- gressional oversight on this issue. the oversight of the administration’s ernment to combat encroachment near By canceling this weapon, we can multiple, ongoing nuclear weapon ef- military installations while simulta- send a signal that there is no such forts. neously promoting environmental con- thing as limited nuclear annihilation, First, in the bill, we do reduce the servation. The underlying bill appro- and instead of promoting weapons that Ground Based Strategic Deterrent pro- priates $87 million for this program, enable nuclear warfighting, we can af- gram by $108.7 million. which is a slight increase over last firm that a nuclear war can never be Second, the bill denies $19.6 million year’s enacted amount. won. requested by the administration to de- I am thankful to Chairman VIS- Madam Chair, I urge my colleagues CLOSKY for his recognition of REPI’s to support this, and I reserve the bal- ploy a low-yield nuclear warhead on submarine-launched ballistic missiles. successes, which have established it as ance of my time. a model for intragovernmental and pri- Mr. CALVERT. Madam Chair, I rise Third, it denies nearly $100 million requested by the administration to de- vate partnerships, but there is still in opposition to this amendment. more work to be done to ensure that velop two new missile systems that The Acting CHAIR. The gentleman our military operations are able to pro- would not be compliant with the INF from California is recognized for 5 min- ceed unimpeded and our natural habi- Treaty. utes. tats are protected. Mr. CALVERT. Madam Chair, this Fourth, it requires the Navy to sub- Over the past 15 years, the REPI Pro- amendment would prohibit the use of mit a report on the cost, requirements, gram has protected over half a million 2020 funds for development of a long- and other matters related to a nuclear acres in 33 States by working with Fed- range standoff weapon program. submarine-launched cruise missile, eral, State, and local government enti- A long-range standoff missile will be which is still in the planning stage. ties, private conservation groups, and a nuclear-armed air-launched cruise I would emphasize to all of my col- the military services. These partner- missile that the U.S. Air Force is leagues on both sides of the aisle, this ships not only lead to thoughtful en- scheduled to first deploy in the early bill does not take a reflexive or ideo- croachment mitigation solutions by ex- 2030s. logical position. This bill is the result panding the landscape buffer around The LRSO is necessary for maintain- of thorough oversight, and the com- our military installations, but also re- ing the deterrent capability currently mittee has striven for a balanced pol- sult in burden sharing across the provided by a rapidly aging air- icy. I simply believe this amendment stakeholders. Over the life of the pro- launched cruise missile. According to goes too far, and I am opposed to it. gram, non-DOD REPI partners have the Department of Defense, the current Mr. CALVERT. Madam Chair, I yield shouldered nearly half of the financial air-launched cruise missile is already back the balance of my time. burden of these projects, proving the decades beyond its originally planned Ms. JAYAPAL. Madam Chair, I yield cost-sharing value of the program. service time. back the balance of my time. Not too long ago these partnerships As General John Hayden, Com- The Acting CHAIR. The question is were uncommon; however, the success- mander of the U.S. Strategic Com- on the amendment offered by the gen- ful partnerships created by the REPI mand, has stated: ‘‘The ALCM is en- tlewoman from Washington (Ms. Program are lasting, beneficial to all countering sustainability and viability JAYAPAL). participants, and often foster new ar- issues from age-related material fail- The question was taken; and the Act- rangements that would not have hap- ures . . . and diminishing manufac- ing Chair announced that the noes ap- pened otherwise. In total, the program turing sources. Parts and materials de- peared to have it. is making a difference for the military signed for a 10-year service life are now Ms. JAYAPAL. Madam Chair, I de- and our installations. 35 years old and are obsolete.’’ mand a recorded vote. In my district, Buckley Air Force In addition to severe problems with The Acting CHAIR. Pursuant to Base is a prime example of the signifi- maintenance and reliability, the ALCM clause 6 of rule XVIII, further pro- cant win-win impact that the REPI

VerDate Sep 11 2014 05:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.065 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4729 Program can have on the installations AMENDMENT NO. 60 OFFERED BY MR. CROW increase funding this year, but I want and the community. By working with The Acting CHAIR. It is now in order to be clear that we need to attack this partners like the Trust for Public Land to consider amendment No. 60 printed disease more aggressively. and the Colorado Department of Mili- in part A of House Report 116–111. It costs between $1 billion and $2 bil- tary and Veterans Affairs, the City of Mr. CROW. Madam Chair, I have an lion to find a treatment for ALS and Aurora, the REPI Program was able to amendment at the desk. can take up to 15 years to bring an ef- preserve nearly 300 acres of land. The Acting CHAIR. The Clerk will fective ALS treatment to market. Fur- The environmental protection and designate the amendment. thermore, finding a cure would open up antiencroachment measures under- The text of the amendment is as fol- a path to finding cures for other dis- taken at Buckley have protected agri- lows: eases, like Parkinson’s, Alzheimer’s, cultural and recreational lands while Page 248, line 19, after the dollar amount, multiple sclerosis, and many others. ensuring that Buckley Air Force Base insert ‘‘(reduced by $20,000,000)’’. We owe this to our veterans. We owe has the land required to conduct oper- Page 249, line 1, after the dollar amount, this to every member of our commu- ations and even grow to meet addi- insert ‘‘(increased by $20,000,000)’’. nity who should not have to face this tional needs for decades to come. The Acting CHAIR. Pursuant to disease without any hope for a cure. Madam Chair, I urge my colleagues House Resolution 436, the gentleman Madam Chair, I yield back the bal- to support my amendment, and I re- from Colorado (Mr. CROW) and a Mem- ance of my time, and I withdraw the serve the balance of my time. ber opposed each will control 5 min- amendment. utes. The Acting CHAIR. The amendment b 1715 The Chair recognizes the gentleman is withdrawn. Mr. CROW. Madam Chair, I yield 1 from Colorado. AMENDMENT NO. 61 OFFERED BY MR. COX OF minute to the gentleman from Cali- Mr. CROW. Madam Chair, I yield my- CALIFORNIA fornia (Mr. CALVERT). self such time as I may consume. The Acting CHAIR. It is now in order Mr. CALVERT. Madam Chair, I Madam Chair, I rise today to offer an to consider amendment No. 61 printed thank the gentleman for yielding. amendment to vastly increase funding in part A of House Report 116–111. I am not in opposition to the gentle- for ALS research by $40 million Mr. COX of California. Madam Chair, man’s amendment, I just find it unnec- through the Congressionally Directed I have an amendment at the desk. essary. There is robust funding in the Medical Research Programs at the De- The Acting CHAIR. The Clerk will bill for this activity to fight encroach- partment of Defense. This is to build designate the amendment. ment on our military bases, and that is on the program’s vision to improve The text of the amendment is as fol- really kind of between the local gov- treatment and find a cure for this dis- lows: ernment and local State and local ease, which poses far more questions Page 223, line 22, after the dollar amount, groups. than answers. insert ‘‘(reduced by $10,000,000)’’. Madam Chair, I make that point, and In the United States, 15 people are di- Page 248, line 18, after the dollar amount, I yield back the balance of my time. agnosed with ALS every day, with an insert ‘‘(increased by $10,000,000)’’. Mr. CROW. Madam Chair, I yield 1 estimated 16,000 Americans living with Page 249, line 1, after the dollar amount, minute to the gentleman from Indiana this degenerative disease. Commonly insert ‘‘(increased by $10,000,000)’’. (Mr. VISCLOSKY). referred to as Lou Gehrig’s disease, the The Acting CHAIR. Pursuant to Mr. VISCLOSKY. Madam Chair, I ap- average survival time after diagnosis is House Resolution 436, the gentleman preciate the gentleman yielding again. only 3 years. from California (Mr. COX) and a Mem- I think the gentleman is doing good Although an estimated 10 percent of ber opposed each will control 5 min- work here. The gentleman is correct ALS cases are inherited, more than 90 utes. that there was an increase of $2 million percent are sporadic, and medical re- The Chair recognizes the gentleman from $85 million from last year’s fiscal search can’t yet determine why. It is from California. year in our bill; however, it was a $12 further complicated for veterans, as re- Mr. COX of California. Madam Chair, million increase from the administra- search suggests that there is a mutu- I thank the distinguished chairman as tion’s request, so I do applaud him for ally inclusive relationship between well as the distinguished ranking mem- his work. ALS and military service. In fact, vet- ber for the great work with respect to Mr. CROW. Madam Chair, I am pre- erans who were deployed during the this legislation. pared to close, and I yield myself the Gulf war are twice as likely to develop Madam Chair, I rise today in support balance of my time. ALS. of my amendment, which makes a mod- Madam Chair, I want to take the op- This disease also hits home for me in est adjustment to H.R. 2740. My amend- portunity to speak about how the REPI many ways. On March 18, our commu- ment would increase funding for the program saves taxpayer dollars, sup- nity lost Mike Cimbura to ALS. Mike Department of Defense Health Program ports military readiness, and preserves was, first and foremost, a loving hus- by $10 million. This amendment is our environment. band and father, but on top of that, he budget-neutral by reducing the Depart- Madam Chair, I urge my colleagues fought ALS ferociously to ensure that ment of Defense’s, the DOD’s, Depart- to support my amendment for an addi- ALS will no longer be a hopeless diag- mentwide operation maintenance fund tional $13 million that is in line with nosis. He worked to get right-to-try by the same amount. the amount authorized in the NDAA legislation across the finish line to in- The Defense Health Program over- that was marked up last week to en- crease access to experimental treat- sees all medical and healthcare pro- sure its valuable work can benefit more ments that would one day cure this dis- grams for the DOD, and the modifica- installations and communities. ease. tion made by my amendment would en- Madam Chair, I yield back the bal- In my own family, we lost our dear sure the Department has sufficient re- ance of my time. cousin, Jeff Van Brunt, to this disease sources to fund vital medical research The Acting CHAIR. The question is just last year. Jeff would have just concerning traumatic brain injury, on the amendment offered by the gen- celebrated his 40th birthday. He left be- TBI; post-traumatic stress disorder, tleman from Colorado (Mr. CROW). hind his wonderful wife, Jill, and kids, PTSD; and psychological health. This The question was taken; and the Act- Megan, William, Sophia, and Mark. research would aid servicemembers and ing Chair announced that the ayes ap- In short, this disease knows no civilians alike. peared to have it. stranger, impacting communities and Over the past 10 years, there has been Mr. ROY. Madam Chair, I demand a families across the country. This dis- a dramatic increase in the number of recorded vote. ease continues to take loved ones in servicemembers reported to have The Acting CHAIR. Pursuant to our communities too early, and we PTSD, and we see these increases in clause 6 of rule XVIII, further pro- need to continue to fight for funding to both active and nonactive servicemem- ceedings on the amendment offered by find treatments and a cure. bers. the gentleman from Colorado will be I am extremely grateful to the chair- Since 2001, over 2.7 million service- postponed. man and his entire team for working to members have served in war zones in

VerDate Sep 11 2014 05:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.068 H18JNPT1 H4730 CONGRESSIONAL RECORD — HOUSE June 18, 2019 Iraq and Afghanistan, and of those, Mr. VISCLOSKY. Madam Chair, I ap- The committee recognizes the urgent 300,000 have been diagnosed with TBI. preciate the gentleman in this regard, need to invest in trusted foundries, ad- And the DOD estimates that 22 percent and I share his concerns. vanced microelectronics cybersecurity, of all combat casualties in Iraq and Af- I would simply point out for the and manufacturing capabilities that ghanistan are brain injuries. RECORD that, in the committee’s mark- will translate our domestic research The cost of war not only harms our up, we have increased funding for this, into fielded capabilities for the servicemembers who have experienced before the gentleman’s amendment, by warfighter. PTSD, but also the spouses, the par- 24 percent over last year’s level. 1730 ents, the children, and the families, Madam Chair, I appreciate the gen- b who have hoped and prayed for the safe tleman yielding. I look forward to working with the return of their loved ones. Unfortu- Mr. COX of California. Madam Chair, gentleman as we move forward on this nately, we have discovered that the I yield back the balance of my time. bill. battle continues when the servicemem- The Acting CHAIR. The question is I yield to the gentleman from South bers return home with a PTSD, a TBI, on the amendment offered by the gen- Carolina (Mr. CUNNINGHAM). or other nonphysical injury. tleman from California (Mr. COX). Mr. CUNNINGHAM. Madam Chair, I Furthermore, whether or not PTSD The question was taken; and the Act- want to begin by thanking the com- is a greater risk to female veterans ing Chair announced that the ayes ap- mittee for its work on the annual de- than male veterans is still largely un- peared to have it. fense spending bill and for the oppor- known, and as women continue to Mr. ROY. Madam Chair, I demand a tunity to speak on issues that are criti- serve in more active roles in the war recorded vote. cally important to my constituents in and are increasingly exposed to combat The Acting CHAIR. Pursuant to the Lowcountry. situations, their likelihood of experi- clause 6 of rule XVIII, further pro- In 2017, Congress mandated that the encing a PTSD, naturally, will rise. So ceedings on the amendment offered by military service branches consolidate more research is better to understand the gentleman from California will be their medical activities under the De- and help clinicians and other care pro- postponed. fense Health Agency. These reforms viders to provide the necessary treat- Mr. VISCLOSKY. Madam Chair, I were intended to eliminate redundancy ment before symptoms of PTSD be- move to strike the last word. and reduce costs while improving ac- The Acting CHAIR. The gentleman come chronic. cess to care. from Indiana is recognized for 5 min- We must—we must—do more for Unfortunately, the manner in which utes. those who sacrifice their lives for our the Department is implementing these Mr. VISCLOSKY. Madam Chair, I freedom. We cannot let them fall reforms all but guarantees this will not through the cracks. That is why my yield to the gentleman from Florida. Mr. SOTO. Madam Chair, I thank the be the case. In my district in South amendment is so critical. Carolina, we are, unfortunately, al- gentleman from Indiana (Mr. VIS- With more of our troops returning ready feeling the effects. from deployment over the next several CLOSKY) for yielding. Madam Chair, I want to express my Naval Hospital Beaufort provides years, we know that the number of quality care to an estimated 35,000 PTSD cases in the U.S. is going to in- gratitude to the committee for the inclusion of report language in the bill servicemembers, retirees, and military crease, but, today, only 40 percent of families in South Carolina. Just last servicemembers find relief from cur- noting the importance of obtaining advanced microelectronics manufac- month, the Department eliminated the rent treatments. naval hospital’s urgent care services. The Defense Health Programs pro- turing, in support of the defense industrial base, from trusted domestic sup- Given the administration’s plan to vide crucial medical research to pro- eliminate another 18,000 medical billets vide innovative solutions for service- pliers. nationwide, I am deeply concerned members and family members facing Ensuring quick, reliable, and secure about the effects that further cuts may PTSD throughout our Nation. access to leading-edge microelectronics As many may have seen, just on Sun- is often a challenge. The changing have on our military and their fami- day night, there are a number of inno- global semiconductor industry and the lies. vative solutions, like stellate ganglion increasing sophistication of U.S. adver- I am further troubled by the Depart- block, or SGB, that are currently being saries require us to update our domes- ment’s lack of transparency into how investigated and can be considered tic microelectronics security frame- they are making decisions with regard game changers in PTSD treatment. So, work by establishing a comprehensive, to the closure of medical services. In by investing in new groundbreaking public-private partnership-structured addition, the Department has yet to technologies and therapies and trials, microelectronics cybersecurity center. complete a detailed analysis of how this will bring help to servicemembers This center can provide the defense cuts in medical services may impact who have tried current treatments but industrial base with access to manufac- surrounding communities, especially in have found that nothing works. turing resources to support antitamper rural areas where alternative treat- Madam Chair, my amendment would devices, hardware security, and other ment options may be limited. further invest resources to help inform evolving new concept technologies that As a result, military families in un- health professionals on how to best support trusted and assured manufac- derserved communities face an uncer- treat our military personnel. turing, combined with advanced sys- tain future. In Beaufort County, my Furthermore, the need for increased tem integration and packaging tech- constituents already face unreasonable funding for PTSD is not limited to only nologies. wait times to see their doctors. Given the military, but our overall commu- The Defense-Wide Manufacturing the high concentration of veterans in nities at large. PTSD conditions are on Science and Technology Program en- my district, any reduction in services the rise in numerous communities and ables the Department of Defense to ad- on Naval Hospital Beaufort is certain places throughout our Nation where vi- vance reliable and secure state-of-the- to further reduce access to care and de- olence is endemic. art technologies. The funding increase grade unit readiness in the This vital research undertaken by provided in this legislation, along with Lowcountry. the Department of Defense will benefit the increased funding for advanced I thank the committee for its atten- everyone: individuals, families, and manufacturing, will facilitate Amer- tion to this issue, and I ask that it con- those communities being affected ica’s innovative, secure, and domestic tinues to work with me to ensure serv- today. Madam Chair, I urge my col- foundry operations and greatly con- icemembers, retirees, and their fami- leagues to support my amendment and tribute to our national defense through lies can continue to have access to the its critical funding for medical re- the establishment of a microelec- care that they need and deserve. search concerning TBI, PTSD, psycho- tronics cybersecurity center structured Mr. VISCLOSKY. Mr. Chair, I appre- logical health that will help our serv- as a public-private partnership. ciate the gentleman’s concern. The icemembers and our Nation as a whole. Mr. VISCLOSKY. Madam Chair, I committee has been following the im- Madam Chair, I yield to the gen- thank the gentleman from Florida for plication of the Department’s medical tleman from Indiana (Mr. VISCLOSKY). raising this important issue. reform efforts closely and certainly

VerDate Sep 11 2014 05:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.073 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4731 shares many of the gentleman’s con- It has been a great experience. I also Lawrence Pallone Smith (WA) cerns. thank all the staff for the great work Lawson (FL) Panetta Soto Lee (CA) Pappas Spanberger The committee has requested the De- that they have done on both the major- Lee (NV) Pascrell Spano partment provide details of the anal- ity and the minority. Lesko Payne Speier ysis used to determine changes to med- I do want to point out one thing to Levin (CA) Pence Stanton Levin (MI) Peters ical services at the medical treatment the chairman. There is going to be a Stauber Lewis Peterson Stefanik facilities. This analysis would include meeting tomorrow at the White House, Lieu, Ted Phillips Steil details on the capacity of the local hopefully, about a budget agreement. Lipinski Pingree Stevens Loebsack Pocan community, cost impacts on providers, Stivers Hope springs eternal, but, hopefully, Lofgren Pressley Swalwell (CA) and the risk to the served populations. we can get a budget agreement with Long Price (NC) Takano I assure the gentleman from South Loudermilk Quigley the White House, the House, and the Thompson (CA) Carolina that the committee will con- Senate so that we don’t have to go into Lowenthal Raskin Lowey Reschenthaler Thompson (MS) tinue to monitor these issues closely. sequestration later this year, which, as Lucas Rice (NY) Thompson (PA) Mr. Chair, I yield to the gentleman the gentleman knows, would be a dis- Luetkemeyer Rice (SC) Thornberry from South Carolina (Mr. Luja´ n Richmond Timmons aster for the United States military. Tipton CUNNINGHAM). Luria Riggleman Let’s wish them well as they try to Lynch Rodgers (WA) Titus Mr. CUNNINGHAM. Mr. Chair, I work out an agreement. Malinowski Roe, David P. Tlaib thank the chairman very much for ac- Mr. Chair, I yield back the balance of Maloney, Rogers (AL) Tonko knowledging this problem. Going for- my time. Carolyn B. Rogers (KY) Torres (CA) Maloney, Sean Rooney (FL) Torres Small ward, I will continue to work with the Mr. VISCLOSKY. Mr. Chair, I move Mast Rose (NY) (NM) Defense Subcommittee and the Armed that the Committee do now rise. Matsui Rouda Trahan Services Committee, as well as the De- The Acting CHAIR. The question is McAdams Roybal-Allard Trone partment, to make sure that military McBath Ruiz Turner on the motion that the Committee rise. McCarthy Ruppersberger families in the Lowcountry are not left Underwood The question was taken; and the Act- McCaul Rush Upton behind as a result of these reforms. ing Chair announced that the ayes ap- McClintock Rutherford Van Drew The Acting CHAIR (Mr. HORSFORD). peared to have it. McEachin Ryan Vargas The time of the gentleman from Indi- McGovern Sablan Veasey RECORDED VOTE McHenry Sa´ nchez ana has expired. Vela´ zquez McKinley Sarbanes Visclosky Mr. ROY. Mr. Chair, I demand a re- McNerney Scanlon Mr. VISCLOSKY. Mr. Chair, I move Wagner corded vote. Meng Schakowsky to strike the last word. Walberg Miller Schiff The Acting CHAIR. The gentleman A recorded vote was ordered. Walden The vote was taken by electronic de- Mitchell Schneider from Indiana is recognized for 5 min- Moolenaar Schrier Walker utes. vice, and there were—ayes 317, noes 82, Moore Scott (VA) Walorski answered ‘‘present’’ 1, not voting 38, as Morelle Scott, Austin Wasserman Mr. VISCLOSKY. We are moving Schultz follows: Mucarsel-Powell Scott, David very close to the conclusion of debate Mullin Sensenbrenner Watkins on this portion of H.R. 2740, and my [Roll No. 323] Murphy Serrano Watson Coleman good friend ranking member Mr. CAL- AYES—317 Nadler Sewell (AL) Wenstrup Napolitano Shalala Westerman VERT and I would not be here without Adams Cooper Gottheimer Neal Sherman Wexton our staff. Aguilar Correa Graves (LA) Neguse Sherrill Williams They have been exceptional, and I do Allen Costa Green (TX) Newhouse Shimkus Wilson (FL) want to thank them: Ariana Sarar, Allred Courtney Grothman Norcross Simpson Wilson (SC) Amodei Cox (CA) Haaland Norman Sires Womack Jackie Ripke, Jennifer Chartrand, Armstrong Craig Hagedorn Nunes Slotkin Woodall Johnnie Kaberle, Kiya Batmanglidj, Bacon Crawford Harder (CA) O’Halleran Smith (NE) Yarmuth Walter Hearne, Brooke Boyer, David Baird Crenshaw Hartzler Ocasio-Cortez Smith (NJ) Zeldin Balderson Crist Hayes Bortnick, Matt Bower, Bill Adkins, Banks Crow Heck NOES—82 Barr Hayden Milberg, Paul Kilbride, Shan- Cuellar Hern, Kevin Aderholt Gallagher Meuser Barraga´ n Cummings Higgins (LA) non Richter, Sherry Young, Kyle Amash Gohmert Mooney (WV) Bass Davids (KS) Higgins (NY) Arrington Gooden Olson McFarland, and Jamie McCormick. Beatty Davis (CA) Hill (AR) Babin Gosar I also thank Joe DeVooght, Preston Bera Palazzo Davis, Danny K. Hill (CA) Biggs Granger Bergman Palmer Rackauskas, Rebecca Keightley, and Davis, Rodney Himes Brooks (AL) Graves (GA) Beyer Perlmutter Christopher Romero, and finally, our Dean Hollingsworth Brooks (IN) Graves (MO) Bilirakis Perry DeFazio Horn, Kendra S. Buck Green (TN) two clerks, Becky Leggieri and Leslie Bishop (GA) Porter DelBene Horsford Budd Griffith Blumenauer Ratcliffe Albright. Delgado Houlahan Burchett Guest Blunt Rochester Rose, John W. Again, sincerely, I thank Mr. CAL- Demings Hoyer Burgess Guthrie Bonamici DeSaulnier Huffman Rouzer VERT Byrne Harris , just a tremendous partner, and Bost Deutch Hurd (TX) Castro (TX) Hice (GA) Roy all the members of our committee, as Boyle, Brendan Dingell Jayapal Cheney Hudson Scalise F. well as all the associate staff. Doyle, Michael Jeffries Cisneros Huizenga Schweikert Brady Mr. Chair, I yield back the balance of F. Johnson (GA) Cleaver Jackson Lee Smith (MO) Brindisi Dunn Johnson (OH) Cline Johnson (LA) Steube my time. Brown (MD) Emmer Johnson (SD) Cloud Johnson (TX) Stewart Mr. CALVERT. Mr. Chair, I rise as Bucshon Engel Joyce (OH) Collins (NY) Jordan Suozzi Bustos Escobar Joyce (PA) the designee of the ranking member Comer Keller Taylor Butterfield Eshoo Kaptur from Texas (Ms. GRANGER), and I move Cunningham Kelly (MS) Vela Calvert Espaillat Katko Davidson (OH) King (NY) Waters to strike the last word. Carbajal Evans Keating DeGette Lamborn Ca´ rdenas Weber (TX) The Acting CHAIR. The gentleman Ferguson Kelly (IL) Diaz-Balart Marchant Carson (IN) Welch from California is recognized for 5 min- Finkenauer Kelly (PA) Duncan Marshall Carter (GA) Wild Fitzpatrick Kennedy Estes Massie utes. Carter (TX) Wittman Fleischmann Khanna Flores McCollum Mr. CALVERT. Mr. Chair, I thank Cartwright Wright Fletcher Kildee Fulcher Meadows Mr. VISCLOSKY for the great working Case Fortenberry Kilmer relationship we have had going through Casten (IL) Foster Kim ANSWERED ‘‘PRESENT’’—1 Castor (FL) Foxx (NC) Kind Gonzalez (OH) this legislation in detail. We do this for Chabot Frankel King (IA) the men and women who serve the Chu, Judy Fudge Kirkpatrick NOT VOTING—38 United States military. We want to Cicilline Gabbard Krishnamoorthi Clark (MA) Gallego Kuster (NH) Abraham DeLauro Grijalva make sure that they have the best Clarke (NY) Garamendi Kustoff (TN) Axne DesJarlais Hastings quality of life and, obviously, that we Clyburn Garcı´a (IL) LaHood Bishop (UT) Doggett Herrera Beutler procure the best weapons that are Cohen Garcia (TX) LaMalfa Brownley (CA) Duffy Holding Buchanan Gaetz Hunter available to make sure that if ever we Cole Gianforte Lamb Conaway Gibbs Langevin Clay Gonzalez (TX) Kinzinger are in unfortunate circumstances, we Connolly Golden Larsen (WA) Collins (GA) Gonza´ lez-Colo´ n Larson (CT) do not have a fair fight. Cook Gomez Latta Curtis (PR) Meeks

VerDate Sep 11 2014 08:18 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.075 H18JNPT1 H4732 CONGRESSIONAL RECORD — HOUSE June 18, 2019 Moulton Radewagen Smucker 109 on which further proceedings were McClintock Roe, David P. Taylor Norton Reed Waltz McHenry Rogers (AL) Thompson (PA) Omar Roby Webster (FL) postponed, in the following order: McKinley Rogers (KY) Thornberry Plaskett San Nicolas Yoho Amendment No. 78 by Mrs. LESKO of Meadows Rooney (FL) Timmons Posey Schrader Young Arizona. Meuser Rose, John W. Tipton Amendment No. 79 by Ms. JACKSON Miller Rouzer Turner b 1850 Mitchell Roy Upton LEE of Texas. Ms. PORTER, Messrs. GALLAGHER, Moolenaar Rutherford Wagner Amendment No. 80 by Ms. JACKSON Mooney (WV) Scalise Walberg BYRNE, Ms. DEGETTE, Messrs. LEE of Texas. Mullin Schweikert Walden CISNEROS, KELLY of Mississippi, Newhouse Scott, Austin Walker Amendment No. 81 by Mr. GOSAR of Norman Sensenbrenner Walorski JOHNSON of Louisiana, GUEST, COL- Arizona. LINS of New York, ROUZER, Nunes Shimkus Watkins Amendment No. 82 by Mr. GRIJALVA Olson Simpson Weber (TX) BURCHETT, and AMASH changed of Arizona. Palazzo Smith (MO) Wenstrup their vote from ‘‘aye’’ to ‘‘no.’’ Palmer Smith (NE) Westerman Amendment No. 83 by Mr. GOSAR of Mr. HIMES, Mses. GARCIA of Texas, Pence Smith (NJ) Williams Arizona. Perry Smucker Wilson (SC) WATSON COLEMAN, Mr. COLE, Ms. Amendment No. 84 by Ms. SPEIER of Peterson Spano Wittman WASSERMAN SCHULTZ, Messrs. Ratcliffe Stauber Womack California. LONG, BLUMENAUER, and Reschenthaler Stefanik Woodall Amendment No. 85 by Mr. MEADOWS BUTTERFIELD changed their vote Rice (SC) Steil Wright of North Carolina. Riggleman Steube Young from ‘‘no’’ to ‘‘aye.’’ Amendments en bloc No. 1 by Mrs. Rodgers (WA) Stivers Zeldin So the motion to rise was agreed to. LOWEY of New York. The result of the vote was announced NOES—225 The Chair will reduce to 2 minutes as above recorded. Adams Gallego Murphy the time for any electronic vote after Accordingly, the Committee rose; Aguilar Garamendi Nadler the first vote in this series. Allred Garcı´a (IL) Napolitano and the Speaker pro tempore (Mr. Barraga´ n Garcia (TX) Neal AMENDMENT NO. 78 OFFERED BY MRS. LESKO LOWENTHAL) having assumed the chair, Bass Golden Neguse Mr. HORSFORD, Acting Chair of the The Acting CHAIR. The unfinished Beatty Gomez Norton Committee of the Whole House on the business is the demand for a recorded Bera Gottheimer O’Halleran vote on the amendment offered by the Beyer Green (TX) Ocasio-Cortez state of the Union, reported that that Bishop (GA) Grijalva Pallone Committee, having had under consider- gentlewoman from Arizona (Mrs. Blumenauer Haaland Panetta ation the bill (H.R. 2740) making appro- LESKO) on which further proceedings Blunt Rochester Harder (CA) Pappas were postponed and on which the ayes Bonamici Hayes Pascrell priations for the Departments of Boyle, Brendan Heck Payne Labor, Health and Human Services, prevailed by voice vote. F. Higgins (NY) Perlmutter and Education, and related agencies for The Clerk will redesignate the Brindisi Hill (CA) Peters the fiscal year ending September 30, amendment. Brown (MD) Himes Phillips The Clerk redesignated the amend- Brownley (CA) Horn, Kendra S. Pingree 2020, and for other purposes, had come Bustos Horsford Plaskett to no resolution thereon. ment. Butterfield Houlahan Pocan RECORDED VOTE Carbajal Hoyer Porter f ´ The Acting CHAIR. A recorded vote Cardenas Huffman Price (NC) DEPARTMENTS OF LABOR, Carson (IN) Jackson Lee Quigley has been demanded. HEALTH AND HUMAN SERVICES, Cartwright Jayapal Raskin A recorded vote was ordered. Case Jeffries Rice (NY) AND EDUCATION, AND RELATED The Acting CHAIR. This is a 5- Casten (IL) Johnson (GA) Richmond AGENCIES APPROPRIATIONS Castor (FL) Johnson (TX) Rose (NY) minute vote. ACT, 2020 Castro (TX) Kaptur Rouda The vote was taken by electronic de- Chu, Judy Keating Roybal-Allard The SPEAKER pro tempore. Pursu- vice, and there were—ayes 188, noes 225, Cicilline Kelly (IL) Ruiz ant to House Resolution 431 and rule Cisneros Kennedy Ruppersberger not voting 25, as follows: Clark (MA) Khanna Rush XVIII, the Chair declares the House in [Roll No. 324] Clarke (NY) Kildee Sablan Clay Kilmer Sa´ nchez the Committee of the Whole House on AYES—188 the state of the Union for the further Cleaver Kim Sarbanes Aderholt Cook Hern, Kevin Clyburn Kind Scanlon consideration of the bill, H.R. 2740. Allen Crawford Hice (GA) Cohen Kirkpatrick Schakowsky Will the gentleman from Nevada (Mr. Amash Crenshaw Higgins (LA) Connolly Krishnamoorthi Schiff HORSFORD) kindly resume the chair. Amodei Davidson (OH) Hill (AR) Cooper Kuster (NH) Schneider Armstrong Davis, Rodney Hollingsworth Correa Lamb Schrader b 1853 Arrington Diaz-Balart Hudson Costa Langevin Schrier Babin Duffy Huizenga Courtney Larsen (WA) Scott (VA) IN THE COMMITTEE OF THE WHOLE Bacon Duncan Hunter Cox (CA) Larson (CT) Scott, David Accordingly, the House resolved Baird Dunn Hurd (TX) Craig Lawrence Serrano itself into the Committee of the Whole Balderson Emmer Johnson (LA) Crist Lawson (FL) Sewell (AL) Banks Estes Johnson (OH) Crow Lee (CA) Shalala House on the state of the Union for the Barr Ferguson Johnson (SD) Cuellar Lee (NV) Sherman further consideration of the bill (H.R. Bergman Fitzpatrick Jordan Cummings Levin (CA) Sherrill 2740) making appropriations for the De- Biggs Fleischmann Joyce (OH) Cunningham Levin (MI) Sires Bilirakis Flores Joyce (PA) Davids (KS) Lewis Slotkin partments of Labor, Health and Human Bishop (UT) Fortenberry Katko Davis (CA) Lieu, Ted Smith (WA) Services, and Education, and related Bost Foxx (NC) Keller Davis, Danny K. Loebsack Soto agencies for the fiscal year ending Sep- Brady Fulcher Kelly (MS) Dean Lofgren Spanberger tember 30, 2020, and for other purposes, Brooks (AL) Gallagher Kelly (PA) DeFazio Lowenthal Speier Brooks (IN) Gianforte King (IA) DeGette Lowey Stanton with Mr. HORSFORD (Acting Chair) in Buchanan Gibbs King (NY) DelBene Luja´ n Stevens the chair. Buck Gohmert Kinzinger Delgado Luria Suozzi The Clerk read the title of the bill. Bucshon Gonzalez (OH) Kustoff (TN) Demings Lynch Swalwell (CA) Budd Gonza´ lez-Colo´ n LaHood DeSaulnier Malinowski Takano The Acting CHAIR. When the Com- Burchett (PR) LaMalfa Deutch Maloney, Thompson (CA) mittee of the Whole rose on Thursday, Burgess Gooden Lamborn Dingell Carolyn B. Thompson (MS) June 13, 2019, a request for a recorded Byrne Gosar Latta Doyle, Michael Maloney, Sean Titus vote on amendment No. 98 printed in Calvert Granger Lesko F. Matsui Tlaib Carter (GA) Graves (GA) Lipinski Engel McAdams Tonko part B of House Report 116–109 offered Carter (TX) Graves (LA) Long Escobar McBath Torres (CA) by the gentleman from Indiana (Mr. Chabot Graves (MO) Loudermilk Eshoo McCollum Torres Small BANKS) had been postponed. Cheney Green (TN) Lucas Espaillat McEachin (NM) Cline Griffith Luetkemeyer Evans McGovern Trahan ANNOUNCEMENT BY THE ACTING CHAIR Cloud Grothman Marchant Finkenauer McNerney Trone The Acting CHAIR. Pursuant to Cole Guest Marshall Fletcher Meeks Underwood clause 6 of rule XVIII, proceedings will Collins (GA) Guthrie Massie Foster Meng Van Drew Collins (NY) Hagedorn Mast Frankel Moore Vargas now resume on those amendments Comer Harris McCarthy Fudge Morelle Veasey printed in part B of House Report 116– Conaway Hartzler McCaul Gabbard Mucarsel-Powell Vela

VerDate Sep 11 2014 05:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.041 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4733 Vela´ zquez Waters Wild DelBene Kelly (IL) Peters Visclosky Watkins Wilson (FL) Visclosky Watson Coleman Wilson (FL) Delgado Kelly (MS) Peterson Wagner Watson Coleman Wilson (SC) Wasserman Welch Yarmuth Demings Kelly (PA) Phillips Walberg Weber (TX) Wittman Schultz Wexton DeSaulnier Kennedy Pingree Walden Welch Womack DesJarlais Khanna Plaskett Walker Wenstrup Woodall NOT VOTING—25 Deutch Kildee Pocan Walorski Westerman Wright Abraham Herrera Beutler Roby Diaz-Balart Kilmer Porter Wasserman Wexton Yarmuth Axne Holding Ryan Dingell Kim Pressley Schultz Wild Young Curtis Moulton San Nicolas Doyle, Michael Kind Price (NC) Waters Williams Zeldin DeLauro Norcross F. King (IA) Quigley Stewart NOES—6 DesJarlais Omar Waltz Duffy King (NY) Raskin Doggett Posey Webster (FL) Duncan Kinzinger Ratcliffe Arrington Massie Rice (SC) Gaetz Pressley Yoho Dunn Kirkpatrick Reed Davidson (OH) McClintock Rooney (FL) Gonzalez (TX) Radewagen Emmer Krishnamoorthi Reschenthaler Hastings Reed Engel Kuster (NH) Rice (NY) NOT VOTING—18 Escobar Kustoff (TN) Richmond Abraham Gonzalez (TX) Radewagen b 1909 Eshoo LaHood Riggleman Axne Hastings Roby Espaillat LaMalfa Rodgers (WA) Curtis Herrera Beutler San Nicolas Mr. HORSFORD changed his vote Estes Lamb Roe, David P. DeLauro Holding Waltz from ‘‘aye’’ to ‘‘no.’’ Evans Lamborn Rogers (AL) Doggett Moulton Webster (FL) So the amendment was rejected. Ferguson Langevin Rogers (KY) Gaetz Posey Yoho Finkenauer Larsen (WA) Rose (NY) The result of the vote was announced Fitzpatrick Larson (CT) Rose, John W. ANNOUNCEMENT BY THE ACTING CHAIR as above recorded. Fleischmann Latta Rouda The Acting CHAIR (during the vote). Stated against: Fletcher Lawrence Rouzer There is 1 minute remaining. Mr. NORCROSS. Madam Chair, on June Flores Lawson (FL) Roy Fortenberry Lee (CA) Roybal-Allard b 1915 18, 2019, I was unavoidably detained during Foster Lee (NV) Ruiz the vote on the Lesko Amendment number 78 Foxx (NC) Lesko Ruppersberger Mr. NORMAN changed his vote from to H.R. 2740. Had I been present, I would Frankel Levin (CA) Rush ‘‘no’’ to ‘‘aye.’’ have voted ‘‘nay’’ on rollcall No. 324. Fudge Levin (MI) Rutherford Fulcher Lewis Ryan So the amendment was agreed to. Ms. PRESSLEY. Madam Chair, I arrived Gabbard Lieu, Ted Sablan The result of the vote was announced from committee late. Had I been present, I Gallagher Lipinski Sa´ nchez as above recorded. would have voted ‘‘nay’’ on rollcall No. 324. Gallego Loebsack Sarbanes Garamendi Lofgren Scalise AMENDMENT NO. 80 OFFERED BY MS. JACKSON AMENDMENT NO. 79 OFFERED BY MS. JACKSON Garcı´a (IL) Long Scanlon LEE LEE Garcia (TX) Loudermilk Schakowsky The Acting CHAIR. The unfinished The Acting CHAIR (Ms. UNDERWOOD). Gianforte Lowenthal Schiff business is the demand for a recorded The unfinished business is the demand Gibbs Lowey Schneider Gohmert Lucas Schrader vote on the amendment offered by the for a recorded vote on the amendment Golden Luetkemeyer Schrier gentlewoman from Texas (Ms. JACKSON offered by the gentlewoman from Texas Gomez Luja´ n Schweikert LEE) on which further proceedings were (Ms. JACKSON LEE) on which further Gonzalez (OH) Luria Scott (VA) postponed and on which the ayes pre- proceedings were postponed and on Gonza´ lez-Colo´ n Lynch Scott, Austin (PR) Malinowski Scott, David vailed by voice vote. which the ayes prevailed by voice vote. Gooden Maloney, Sensenbrenner The Clerk will redesignate the The Clerk will redesignate the Gosar Carolyn B. Serrano amendment. amendment. Gottheimer Maloney, Sean Sewell (AL) Granger Marchant Shalala The Clerk redesignated the amend- The Clerk redesignated the amend- Graves (GA) Marshall Sherman ment. ment. Graves (LA) Mast Sherrill RECORDED VOTE RECORDED VOTE Graves (MO) Matsui Shimkus Green (TN) McAdams Simpson The Acting CHAIR. A recorded vote The Acting CHAIR. A recorded vote Green (TX) McBath Sires has been demanded. has been demanded. Griffith McCarthy Slotkin A recorded vote was ordered. A recorded vote was ordered. Grijalva McCaul Smith (MO) Grothman McCollum Smith (NE) The Acting CHAIR. This will be a 2- The Acting CHAIR. This will be a 2- Guest McEachin Smith (NJ) minute vote. minute vote. Guthrie McGovern Smith (WA) The vote was taken by electronic de- The vote was taken by electronic de- Haaland McHenry Smucker vice, and there were—ayes 339, noes 79, vice, and there were—ayes 414, noes 6, Hagedorn McKinley Soto Harder (CA) McNerney Spanberger not voting 20, as follows: not voting 18, as follows: Harris Meadows Spano [Roll No. 326] [Roll No. 325] Hartzler Meeks Speier Hayes Meng Stanton AYES—339 AYES—414 Heck Meuser Stauber Adams Calvert Crow Adams Brooks (AL) Cleaver Hern, Kevin Miller Stefanik Aderholt Carbajal Cuellar Aderholt Brooks (IN) Cline Hice (GA) Mitchell Steil Aguilar Ca´ rdenas Cummings Aguilar Brown (MD) Cloud Higgins (LA) Moolenaar Steube Allred Carson (IN) Cunningham Allen Brownley (CA) Clyburn Higgins (NY) Mooney (WV) Stevens Amodei Carter (TX) Davids (KS) Allred Buchanan Cohen Hill (AR) Moore Stewart Armstrong Cartwright Davis (CA) Amash Buck Cole Hill (CA) Morelle Stivers Babin Case Davis, Danny K. Amodei Bucshon Collins (GA) Himes Mucarsel-Powell Suozzi Bacon Casten (IL) Dean Armstrong Budd Collins (NY) Hollingsworth Mullin Swalwell (CA) Baird Castor (FL) DeFazio Babin Burchett Comer Horn, Kendra S. Murphy Takano Banks Castro (TX) DeGette Bacon Burgess Conaway Horsford Nadler Taylor Barr Chabot DelBene Baird Bustos Connolly Houlahan Napolitano Thompson (CA) Barraga´ n Chu, Judy Delgado Balderson Butterfield Cook Hoyer Neal Thompson (MS) Bass Cicilline Demings Banks Byrne Cooper Hudson Neguse Thompson (PA) Beatty Cisneros DeSaulnier Barr Calvert Correa Huffman Newhouse Thornberry Bera Clark (MA) DesJarlais Barraga´ n Carbajal Costa Huizenga Norcross Timmons Bergman Clarke (NY) Deutch Bass Ca´ rdenas Courtney Hunter Norman Tipton Beyer Clay Diaz-Balart Beatty Carson (IN) Cox (CA) Hurd (TX) Norton Titus Bilirakis Cleaver Dingell Bera Carter (GA) Craig Jackson Lee Nunes Tlaib Bishop (GA) Clyburn Doyle, Michael Bergman Carter (TX) Crawford Jayapal O’Halleran Tonko Blumenauer Cohen F. Beyer Cartwright Crenshaw Jeffries Ocasio-Cortez Torres (CA) Blunt Rochester Cole Duncan Biggs Case Crist Johnson (GA) Olson Torres Small Bonamici Collins (NY) Engel Bilirakis Casten (IL) Crow Johnson (LA) Omar (NM) Bost Connolly Escobar Bishop (GA) Castor (FL) Cuellar Johnson (OH) Palazzo Trahan Boyle, Brendan Cook Eshoo Bishop (UT) Castro (TX) Cummings Johnson (SD) Pallone Trone F. Cooper Espaillat Blumenauer Chabot Cunningham Johnson (TX) Palmer Turner Brindisi Correa Evans Blunt Rochester Cheney Davids (KS) Jordan Panetta Underwood Brooks (IN) Costa Finkenauer Bonamici Chu, Judy Davis (CA) Joyce (OH) Pappas Upton Brown (MD) Courtney Fitzpatrick Bost Cicilline Davis, Danny K. Joyce (PA) Pascrell Van Drew Brownley (CA) Cox (CA) Fleischmann Boyle, Brendan Cisneros Davis, Rodney Kaptur Payne Vargas Buchanan Craig Fletcher F. Clark (MA) Dean Katko Pence Veasey Bucshon Crawford Flores Brady Clarke (NY) DeFazio Keating Perlmutter Vela Bustos Crenshaw Fortenberry Brindisi Clay DeGette Keller Perry Vela´ zquez Butterfield Crist Foster

VerDate Sep 11 2014 05:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.042 H18JNPT1 H4734 CONGRESSIONAL RECORD — HOUSE June 18, 2019 Foxx (NC) Lipinski Ryan Latta Ratcliffe Smith (NE) Mitchell Rogers (KY) Thornberry Frankel Loebsack Sablan Lesko Reed Steube Moolenaar Rose, John W. Timmons Fudge Lofgren Sa´ nchez Loudermilk Rice (SC) Thompson (PA) Mooney (WV) Rouzer Tipton Gabbard Long Sarbanes Massie Rogers (AL) Thornberry Mullin Roy Turner Gallagher Lowenthal Scanlon Mast Rooney (FL) Timmons Newhouse Rutherford Wagner Gallego Lowey Schakowsky McClintock Rose, John W. Walberg Norman Scalise Walberg Garamendi Lucas Schiff Meuser Rouzer Walker Nunes Schweikert Walden ´ Garcıa (IL) Luetkemeyer Schneider Mullin Roy Westerman Olson Scott, Austin Walker ´ Norman Rutherford Palazzo Sensenbrenner Walorski Garcia (TX) Lujan Schrader Wright Gianforte Luria Schrier Palazzo Scalise Palmer Shimkus Watkins Young Gohmert Lynch Schweikert Palmer Scott, Austin Pence Simpson Weber (TX) Gomez Malinowski Scott (VA) Peterson Smith (MO) Perry Smith (MO) Wenstrup Gonzalez (OH) Maloney, Scott, David Peterson Smith (NE) Westerman Gonza´ lez-Colo´ n Carolyn B. Sensenbrenner NOT VOTING—20 Ratcliffe Smucker Williams (PR) Maloney, Sean Serrano Abraham Gaetz Radewagen Reed Spano Wilson (SC) Gottheimer Marchant Sewell (AL) Axne Gonzalez (TX) Roby Reschenthaler Stauber Wittman Granger Marshall Shalala Cheney Hastings San Nicolas Rice (SC) Steil Womack Graves (LA) Matsui Sherman Curtis Herrera Beutler Waltz Riggleman Steube Woodall Graves (MO) McAdams Sherrill Davis, Rodney Holding Webster (FL) Rodgers (WA) Stewart Wright Green (TX) McBath Shimkus DeLauro Moulton Yoho Roe, David P. Taylor Young Griffith McCarthy Simpson Doggett Posey Rogers (AL) Thompson (PA) Zeldin Grijalva McCaul Sires Grothman McCollum Slotkin ANNOUNCEMENT BY THE ACTING CHAIR NOES—244 Guest McEachin Smith (NJ) The Acting CHAIR (during the vote). Adams Gallego Meeks Guthrie McGovern Smith (WA) There is 1 minute remaining. Aguilar Garamendi Meng Haaland McHenry Smucker Allred Garcı´a (IL) Moore Hagedorn McKinley Soto b 1919 Barraga´ n Garcia (TX) Morelle Harder (CA) McNerney Spanberger Bass Golden Mucarsel-Powell Hartzler Meadows Spano So the amendment was agreed to. Beatty Gomez Murphy Hayes Meeks Speier The result of the vote was announced Bera Gonzalez (OH) Nadler Heck Meng Stanton Beyer Gonza´ lez-Colo´ n Napolitano Higgins (NY) Miller Stauber as above recorded. Blumenauer (PR) Neal Hill (AR) Mitchell Stefanik AMENDMENT NO. 81 OFFERED BY MR. GOSAR Blunt Rochester Gottheimer Neguse Hill (CA) Moolenaar Steil Bonamici Green (TX) Norcross Himes Mooney (WV) Stevens The Acting CHAIR. The unfinished Boyle, Brendan Grijalva Norton Hollingsworth Moore Stewart business is the demand for a recorded F. Haaland O’Halleran Horn, Kendra S. Morelle Stivers vote on the amendment offered by the Brindisi Harder (CA) Ocasio-Cortez Horsford Mucarsel-Powell Suozzi gentleman from Arizona (Mr. GOSAR) Brooks (IN) Hayes Omar Houlahan Murphy Swalwell (CA) Brown (MD) Heck Pallone Hoyer Nadler Takano on which further proceedings were Brownley (CA) Higgins (NY) Panetta Hudson Napolitano Taylor postponed and on which the noes pre- Buchanan Hill (CA) Pappas Huffman Neal Thompson (CA) vailed by voice vote. Bustos Himes Pascrell Huizenga Neguse Thompson (MS) Butterfield Hollingsworth Payne Hurd (TX) Newhouse Tipton The Clerk will redesignate the Carbajal Horn, Kendra S. Perlmutter Jackson Lee Norcross Titus amendment. Ca´ rdenas Horsford Peters Jayapal Norton Tlaib The Clerk redesignated the amend- Carson (IN) Houlahan Phillips Jeffries Nunes Tonko ment. Cartwright Hoyer Pingree Johnson (GA) O’Halleran Torres (CA) Case Huffman Plaskett Johnson (OH) Ocasio-Cortez Torres Small RECORDED VOTE Casten (IL) Jackson Lee Pocan Johnson (SD) Olson (NM) The Acting CHAIR. A recorded vote Castor (FL) Jayapal Porter Johnson (TX) Omar Trahan Castro (TX) Jeffries Pressley Joyce (OH) Pallone Trone has been demanded. Chu, Judy Johnson (GA) Price (NC) Kaptur Panetta Turner A recorded vote was ordered. Cicilline Johnson (TX) Quigley Katko Pappas Underwood The Acting CHAIR. This will be a 2- Cisneros Kaptur Raskin Keating Pascrell Upton minute vote. Clark (MA) Katko Rice (NY) Kelly (IL) Payne Van Drew Clarke (NY) Keating Richmond Kennedy Pence Vargas The vote was taken by electronic de- Clay Kelly (IL) Rooney (FL) Khanna Perlmutter Veasey vice, and there were—ayes 174, noes 244, Cleaver Kennedy Rose (NY) Kildee Perry Vela not voting 20, as follows: Clyburn Khanna Rouda Kilmer Peters Vela´ zquez Cohen Kildee Roybal-Allard Kim Phillips Visclosky [Roll No. 327] Connolly Kilmer Ruiz Kind Pingree Wagner AYES—174 Cooper Kim Ruppersberger King (NY) Plaskett Walden Correa Kind Rush Aderholt Crawford Hill (AR) Kinzinger Pocan Walorski Costa King (NY) Ryan Allen Crenshaw Hudson Kirkpatrick Porter Wasserman Courtney Kinzinger Sablan Amash Davidson (OH) Huizenga Krishnamoorthi Pressley Schultz Cox (CA) Kirkpatrick Sa´ nchez Amodei Davis, Rodney Hunter Kuster (NH) Price (NC) Waters Craig Krishnamoorthi Sarbanes Armstrong DesJarlais Hurd (TX) Kustoff (TN) Quigley Watkins Crist Kuster (NH) Scanlon Arrington Diaz-Balart Johnson (LA) LaHood Raskin Watson Coleman Crow Lamb Schakowsky Babin Duffy Johnson (OH) Lamb Reschenthaler Weber (TX) Cuellar Langevin Schiff Bacon Duncan Johnson (SD) Lamborn Rice (NY) Welch Cummings Larsen (WA) Schneider Baird Dunn Jordan Langevin Richmond Wenstrup Cunningham Larson (CT) Schrader Balderson Emmer Joyce (OH) Larsen (WA) Riggleman Wexton Davids (KS) Lawrence Schrier Banks Estes Joyce (PA) Larson (CT) Rodgers (WA) Wild Davis (CA) Lawson (FL) Scott (VA) Barr Ferguson Keller Lawrence Roe, David P. Williams Davis, Danny K. Lee (CA) Scott, David Bergman Fleischmann Kelly (MS) Lawson (FL) Rogers (KY) Wilson (FL) Dean Lee (NV) Serrano Biggs Flores Kelly (PA) Lee (CA) Rose (NY) Wilson (SC) DeFazio Levin (CA) Sewell (AL) Bilirakis Foxx (NC) King (IA) Lee (NV) Rouda Wittman DeGette Levin (MI) Shalala Bishop (UT) Fulcher Kustoff (TN) Levin (CA) Roybal-Allard Womack DelBene Lewis Sherman Bost Gallagher LaHood Levin (MI) Ruiz Woodall Delgado Lieu, Ted Sherrill Brady Gianforte LaMalfa Lewis Ruppersberger Yarmuth Demings Lipinski Sires Brooks (AL) Gibbs Lamborn Lieu, Ted Rush Zeldin DeSaulnier Loebsack Slotkin Buck Gohmert Latta Deutch Lofgren Smith (NJ) Bucshon Gooden Lesko NOES—79 Dingell Lowenthal Smith (WA) Budd Gosar Long Doyle, Michael Lowey Soto Allen Cloud Graves (GA) Burchett Granger Loudermilk F. Luja´ n Spanberger Amash Collins (GA) Green (TN) Burgess Graves (GA) Lucas Engel Luria Speier Arrington Comer Harris Byrne Graves (LA) Luetkemeyer Escobar Lynch Stanton Balderson Conaway Hern, Kevin Calvert Graves (MO) Marchant Eshoo Malinowski Stefanik Biggs Davidson (OH) Hice (GA) Carter (GA) Green (TN) Marshall Espaillat Maloney, Stevens Bishop (UT) Duffy Higgins (LA) Carter (TX) Griffith Massie Evans Carolyn B. Stivers Brady Dunn Hunter Chabot Grothman Mast Finkenauer Maloney, Sean Suozzi Brooks (AL) Emmer Johnson (LA) Cline Guest McCarthy Fitzpatrick Matsui Swalwell (CA) Buck Estes Jordan Cloud Guthrie McCaul Fletcher McAdams Takano Budd Ferguson Joyce (PA) Cole Hagedorn McClintock Fortenberry McBath Thompson (CA) Burchett Fulcher Keller Collins (GA) Harris McHenry Foster McCollum Thompson (MS) Burgess Gibbs Kelly (MS) Collins (NY) Hartzler McKinley Frankel McEachin Titus Byrne Golden Kelly (PA) Comer Hern, Kevin Meadows Fudge McGovern Tlaib Carter (GA) Gooden King (IA) Conaway Hice (GA) Meuser Gabbard McNerney Tonko Cline Gosar LaMalfa Cook Higgins (LA) Miller

VerDate Sep 11 2014 07:06 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.047 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4735 Torres (CA) Vargas Watson Coleman Guest Matsui Schiff Rogers (AL) Smucker Walker Torres Small Veasey Welch Guthrie McBath Schneider Rose, John W. Spanberger Walorski (NM) Vela Wexton Haaland McCaul Schrader Roy Steil Weber (TX) Trahan Vela´ zquez Wild Hagedorn McCollum Schrier Scalise Steube Westerman Trone Visclosky Wilson (FL) Harder (CA) McEachin Schweikert Scott, Austin Stewart Wilson (SC) Underwood Wasserman Yarmuth Hayes McGovern Scott (VA) Sensenbrenner Stivers Wittman Upton Schultz Heck McHenry Scott, David Slotkin Thornberry Wright Van Drew Waters Higgins (NY) McKinley Serrano Smith (MO) Timmons Hill (CA) McNerney Sewell (AL) Smith (NE) Wagner NOT VOTING—20 Himes Meadows Shalala NOT VOTING—19 Abraham Gaetz Radewagen Hollingsworth Meeks Sherman Axne Gonzalez (TX) Roby Horsford Meng Sherrill Abraham Gonzalez (TX) Roby Houlahan Moolenaar Bishop (GA) Hastings San Nicolas Shimkus Axne Hastings San Nicolas Hoyer Mooney (WV) Cheney Herrera Beutler Waltz Simpson Cheney Herrera Beutler Waltz Curtis Holding Huffman Moore Webster (FL) Sires Curtis Holding Webster (FL) DeLauro Moulton Huizenga Morelle DeLauro Moulton Yoho Smith (NJ) Yoho Doggett Posey Hurd (TX) Mucarsel-Powell Doggett Posey Smith (WA) Jackson Lee Murphy Gaetz Radewagen ANNOUNCEMENT BY THE ACTING CHAIR Jayapal Nadler Soto The Acting CHAIR (during the vote). Jeffries Napolitano Spano ANNOUNCEMENT BY THE ACTING CHAIR Speier There is 1 minute remaining. Johnson (GA) Neal The Acting CHAIR (during the vote). Johnson (TX) Neguse Stanton Joyce (OH) Newhouse Stauber There is 1 minute remaining. b 1924 Kaptur Norcross Stefanik Stevens Mr. CUMMINGS and Miss Katko Norton b 1928 ´ ´ Keating Nunes Suozzi GONZALEZ-COLON of Puerto Rico Swalwell (CA) Kelly (IL) O’Halleran Mr. MCADAMS changed his vote changed their vote from ‘‘aye’’ to ‘‘no.’’ Kennedy Ocasio-Cortez Takano So the amendment was rejected. Khanna Omar Taylor from ‘‘aye’’ to ‘‘no.’’ The result of the vote was announced Kildee Pallone Thompson (CA) So the amendment was agreed to. Kilmer Panetta Thompson (MS) The result of the vote was announced as above recorded. Kim Pappas Thompson (PA) as above recorded. AMENDMENT NO. 82 OFFERED BY MR. GRIJALVA Kind Pascrell Tipton King (IA) Payne Titus AMENDMENT NO. 83 OFFERED BY MR. GOSAR The Acting CHAIR. The unfinished King (NY) Pence Tlaib business is the demand for a recorded Kinzinger Perlmutter Tonko The Acting CHAIR. The unfinished vote on the amendment offered by the Kirkpatrick Peters Torres (CA) business is the demand for a recorded Krishnamoorthi Peterson gentleman from Arizona (Mr. GRI- Torres Small vote on the amendment offered by the Kuster (NH) Phillips (NM) gentleman from Arizona (Mr. GOSAR) JALVA) on which further proceedings LaHood Pingree Trahan were postponed and on which the ayes LaMalfa Plaskett Trone on which further proceedings were prevailed by voice vote. Lamb Pocan Turner postponed and on which the noes pre- Langevin Porter Underwood vailed by voice vote. The Clerk will redesignate the Larsen (WA) Pressley Upton The Clerk will redesignate the amendment. Larson (CT) Price (NC) Van Drew The Clerk redesignated the amend- Latta Quigley Vargas amendment. Lawrence Raskin ment. Veasey The Clerk redesignated the amend- Lawson (FL) Reed Vela RECORDED VOTE Lee (CA) Reschenthaler ment. Vela´ zquez Lee (NV) Rice (NY) The Acting CHAIR. A recorded vote Visclosky RECORDED VOTE Lesko Richmond Walberg has been demanded. Levin (CA) Riggleman The Acting CHAIR. A recorded vote A recorded vote was ordered. Levin (MI) Rodgers (WA) Walden has been demanded. Lewis Rogers (KY) Wasserman The Acting CHAIR. This will be a 2- Schultz A recorded vote was ordered. minute vote. Lieu, Ted Rooney (FL) Lipinski Rose (NY) Waters The Acting CHAIR. This will be a 2- The vote was taken by electronic de- Loebsack Rouda Watkins minute vote. vice, and there were—ayes 310, noes 109, Lofgren Rouzer Watson Coleman The vote was taken by electronic de- not voting 19, as follows: Lowenthal Roybal-Allard Welch Lowey Ruiz Wenstrup vice, and there were—ayes 170, noes 248, [Roll No. 328] Lucas Ruppersberger Wexton not voting 20, as follows: AYES—310 Luja´ n Rush Wild [Roll No. 329] Luria Rutherford Williams Adams Cicilline Doyle, Michael Lynch Ryan Wilson (FL) AYES—170 Aguilar Cisneros F. Malinowski Sablan Womack Aderholt Cook Hern, Kevin Allred Clark (MA) Dunn Maloney, Sa´ nchez Woodall Allen Crawford Hice (GA) Amash Clarke (NY) Engel Carolyn B. Sarbanes Yarmuth Amash Crenshaw Higgins (LA) Amodei Clay Escobar Maloney, Sean Scanlon Young Amodei Davidson (OH) Hill (AR) Armstrong Cleaver Eshoo Mast Schakowsky Zeldin Armstrong DesJarlais Hudson Barraga´ n Clyburn Espaillat Arrington Diaz-Balart Huizenga Bass Cohen Estes NOES—109 Babin Duffy Hunter Beatty Cole Evans Baird Duncan Johnson (LA) Bera Collins (NY) Finkenauer Aderholt Crenshaw Jordan Balderson Dunn Johnson (OH) Bergman Connolly Fitzpatrick Allen Davidson (OH) Joyce (PA) Banks Emmer Johnson (SD) Beyer Cook Fleischmann Arrington Diaz-Balart Keller Barr Estes Jordan Bilirakis Cooper Fletcher Babin Duffy Kelly (MS) Bergman Ferguson Joyce (OH) Bishop (GA) Correa Flores Bacon Duncan Kelly (PA) Biggs Fleischmann Joyce (PA) Blumenauer Costa Fortenberry Baird Emmer Kustoff (TN) Bilirakis Flores Keller Blunt Rochester Courtney Foster Balderson Ferguson Lamborn Bishop (UT) Foxx (NC) Kelly (MS) Bonamici Cox (CA) Foxx (NC) Banks Gibbs Long Bost Fulcher Kelly (PA) Boyle, Brendan Craig Frankel Barr Gohmert Loudermilk Brady Gallagher King (IA) F. Crist Fudge Biggs Gonzalez (OH) Luetkemeyer Brooks (AL) Gianforte Kustoff (TN) Brady Crow Fulcher Bishop (UT) Gooden Marchant Buck Gibbs LaHood Brooks (IN) Cuellar Gabbard Bost Gosar Marshall Bucshon Gohmert LaMalfa Brown (MD) Cummings Gallagher Brindisi Graves (GA) Massie Budd Gonzalez (OH) Lamborn Brownley (CA) Cunningham Gallego Brooks (AL) Green (TN) McAdams Burchett Gooden Latta Buchanan Davids (KS) Garamendi Buck Griffith McCarthy Burgess Gosar Lesko Bucshon Davis (CA) Garcı´a (IL) Budd Grothman McClintock Byrne Granger Long Bustos Davis, Danny K. Garcia (TX) Burchett Harris Meuser Calvert Graves (GA) Loudermilk Butterfield Davis, Rodney Gianforte Burgess Hartzler Miller Carter (GA) Graves (LA) Lucas Calvert Dean Golden Byrne Hern, Kevin Mitchell Carter (TX) Graves (MO) Luetkemeyer Carbajal DeFazio Gomez Carter (GA) Hice (GA) Mullin Chabot Green (TN) Marchant Ca´ rdenas DeGette Gonza´ lez-Colo´ n Carter (TX) Higgins (LA) Norman Cline Griffith Marshall Carson (IN) DelBene (PR) Chabot Hill (AR) Olson Cloud Grothman Massie Cartwright Delgado Gottheimer Cline Horn, Kendra S. Palazzo Cole Guest Mast Case Demings Granger Cloud Hudson Palmer Collins (GA) Guthrie McCarthy Casten (IL) DeSaulnier Graves (LA) Collins (GA) Hunter Perry Collins (NY) Hagedorn McCaul Castor (FL) DesJarlais Graves (MO) Comer Johnson (LA) Ratcliffe Comer Harris McClintock Castro (TX) Deutch Green (TX) Conaway Johnson (OH) Rice (SC) Conaway Hartzler McHenry Chu, Judy Dingell Grijalva Crawford Johnson (SD) Roe, David P.

VerDate Sep 11 2014 07:06 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.046 H18JNPT1 H4736 CONGRESSIONAL RECORD — HOUSE June 18, 2019 McKinley Rogers (AL) Thompson (PA) Takano Trone Wasserman Houlahan McNerney Schweikert Meadows Rogers (KY) Thornberry Thompson (CA) Underwood Schultz Hoyer Meeks Scott (VA) Meuser Rose, John W. Timmons Thompson (MS) Upton Waters Huffman Meng Scott, David Miller Rouzer Tipton Titus Van Drew Watson Coleman Jackson Lee Moore Sensenbrenner Mitchell Roy Turner Tlaib Vargas Welch Jayapal Morelle Serrano Moolenaar Rutherford Wagner Tonko Veasey Wexton Jeffries Mucarsel-Powell Sewell (AL) Mooney (WV) Scalise Walberg Torres (CA) Vela Wild Johnson (GA) Murphy Shalala Mullin Schweikert Walden Torres Small Vela´ zquez Wilson (FL) Johnson (TX) Nadler Sherman (NM) Yarmuth Newhouse Scott, Austin Walker Visclosky Joyce (OH) Napolitano Sherrill Norman Sensenbrenner Trahan Zeldin Kaptur Neal Simpson Walorski Nunes Shimkus Katko Neguse Sires Watkins Olson Simpson NOT VOTING—20 Keating Newhouse Slotkin Weber (TX) Palazzo Smith (MO) Abraham Gonzalez (TX) Reed Kelly (IL) Norcross Smith (NE) Wenstrup Palmer Smith (NE) Axne Hastings Roby Kennedy Norton Smith (NJ) Westerman Pence Smucker Cheney Herrera Beutler San Nicolas Khanna Nunes Smith (WA) Williams Perry Spano Curtis Holding Waltz Kildee O’Halleran Soto Wilson (SC) Ratcliffe Stauber DeLauro Moulton Webster (FL) Kilmer Ocasio-Cortez Spanberger Wittman Reschenthaler Steil Doggett Posey Yoho Kim Omar Spano Rice (SC) Steube Womack Gaetz Radewagen Kind Pallone Speier Riggleman Stewart Woodall King (NY) Panetta Stanton Rodgers (WA) Stivers Wright ANNOUNCEMENT BY THE ACTING CHAIR Kirkpatrick Pappas Stauber Roe, David P. Taylor Young The Acting Chair (during the vote). Krishnamoorthi Pascrell Stefanik There is 1 minute remaining. Kuster (NH) Payne Stevens NOES—248 LaMalfa Perlmutter Suozzi Lamb Peters Swalwell (CA) Adams Foster McBath b 1932 Langevin Peterson Takano Aguilar Frankel McCollum Larsen (WA) Phillips Thompson (CA) Allred Fudge McEachin Mr. WELCH changed his vote from Larson (CT) Pingree Thompson (MS) Bacon Gabbard McGovern ‘‘aye’’ to ‘‘no.’’ Lawrence Plaskett Titus ´ Barragan Gallego McNerney So the amendment was rejected. Lawson (FL) Pocan Tlaib Bass Garamendi Meeks Lee (CA) Porter Tonko ´ The result of the vote was announced Beatty Garcıa (IL) Meng Lee (NV) Pressley Torres (CA) Bera Garcia (TX) Moore as above recorded. Lesko Price (NC) Torres Small Beyer Golden Morelle AMENDMENT NO. 84 OFFERED BY MS. SPEIER Levin (CA) Quigley (NM) Bishop (GA) Gomez Mucarsel-Powell Levin (MI) Raskin Trahan ´ ´ Blumenauer Gonzalez-Colon Murphy The Acting CHAIR. The unfinished Lewis Reed Trone Blunt Rochester (PR) Nadler business is the demand for a recorded Lieu, Ted Rice (NY) Turner Bonamici Gottheimer Napolitano Lipinski Richmond Underwood Boyle, Brendan Green (TX) Neal vote on the amendment offered by the gentlewoman from California (Ms. Loebsack Rodgers (WA) Vargas F. Grijalva Neguse Lofgren Rose (NY) Veasey Brindisi Haaland Norcross SPEIER) on which further proceedings Lowenthal Rouda Vela Brooks (IN) Harder (CA) Norton were postponed and on which the ayes Lowey Roybal-Allard Vela´ zquez Brown (MD) Hayes O’Halleran prevailed by voice vote. Luja´ n Ruiz Visclosky Brownley (CA) Heck Ocasio-Cortez Luria Ruppersberger Wagner Buchanan Higgins (NY) Omar The Clerk will redesignate the Lynch Rush Walden Bustos Hill (CA) Pallone amendment. Malinowski Ryan Wasserman Butterfield Himes Panetta The Clerk redesignated the amend- Maloney, Sablan Schultz Carbajal Hollingsworth Pappas Carolyn B. Sa´ nchez Waters ´ ment. Cardenas Horn, Kendra S. Pascrell Maloney, Sean Sarbanes Watson Coleman Carson (IN) Horsford Payne RECORDED VOTE Mast Scanlon Welch Cartwright Houlahan Perlmutter The Acting CHAIR. A recorded vote Matsui Schakowsky Wexton Case Hoyer Peters McBath Schiff Wild Casten (IL) Huffman Peterson has been demanded. McCollum Schneider Wilson (FL) Castor (FL) Hurd (TX) Phillips A recorded vote was ordered. McEachin Schrader Wilson (SC) Castro (TX) Jackson Lee Pingree McGovern Schrier Yarmuth Chu, Judy Jayapal Plaskett The Acting CHAIR. This will be a 2- minute vote. Cicilline Jeffries Pocan NOES—152 Cisneros Johnson (GA) Porter The vote was taken by electronic de- Clark (MA) Johnson (TX) Pressley vice, and there were—ayes 268, noes 152, Aderholt Duffy Latta Clarke (NY) Kaptur Price (NC) Allen Dunn Long Clay Katko Quigley not voting 18, as follows: Amash Emmer Loudermilk Cleaver Keating Raskin [Roll No. 330] Amodei Estes Lucas Clyburn Kelly (IL) Rice (NY) Armstrong Ferguson Luetkemeyer Cohen Kennedy Richmond AYES—268 Arrington Flores Marchant Connolly Khanna Rooney (FL) Adams Cleaver Finkenauer Babin Fulcher Marshall Cooper Kildee Rose (NY) Aguilar Clyburn Fitzpatrick Bacon Gibbs Massie Correa Kilmer Rouda Allred Cohen Fleischmann Baird Gohmert McAdams Costa Kim Roybal-Allard Barraga´ n Collins (NY) Fletcher Balderson Gonzalez (OH) McCarthy Courtney Kind Ruiz Bass Connolly Fortenberry Banks Gonza´ lez-Colo´ n McCaul Cox (CA) King (NY) Ruppersberger Beatty Cooper Foster Barr (PR) McClintock Craig Kinzinger Rush Bera Correa Foxx (NC) Bergman Gooden McHenry Crist Kirkpatrick Ryan Beyer Costa Frankel Biggs Gosar McKinley Crow Krishnamoorthi Sablan Bilirakis Courtney Fudge Bishop (UT) Granger Meadows Cuellar Kuster (NH) Sa´ nchez Bishop (GA) Cox (CA) Gabbard Brady Graves (GA) Meuser Cummings Lamb Sarbanes Blumenauer Crenshaw Gallagher Brooks (AL) Graves (MO) Miller Cunningham Langevin Scanlon Blunt Rochester Crist Gallego Buchanan Green (TN) Mitchell Davids (KS) Larsen (WA) Schakowsky Bonamici Crow Garamendi Buck Guest Moolenaar Davis (CA) Larson (CT) Schiff Bost Cummings Garcı´a (IL) Bucshon Guthrie Mooney (WV) Davis, Danny K. Lawrence Schneider Boyle, Brendan Davids (KS) Garcia (TX) Budd Harris Mullin Davis, Rodney Lawson (FL) Schrader F. Davis (CA) Gianforte Burchett Hern, Kevin Norman Dean Lee (CA) Schrier Brindisi Davis, Danny K. Golden Burgess Hice (GA) Olson DeFazio Lee (NV) Scott (VA) Brooks (IN) Davis, Rodney Gomez Byrne Higgins (LA) Palazzo DeGette Levin (CA) Scott, David Brown (MD) Dean Gottheimer Calvert Hill (AR) Palmer DelBene Levin (MI) Serrano Brownley (CA) DeFazio Graves (LA) Carter (GA) Hudson Pence Delgado Lewis Sewell (AL) Bustos DeGette Green (TX) Carter (TX) Huizenga Perry Demings Lieu, Ted Shalala Butterfield DelBene Griffith Chabot Hunter Ratcliffe DeSaulnier Lipinski Sherman Carbajal Delgado Grijalva Cheney Hurd (TX) Reschenthaler Deutch Loebsack Sherrill Ca´ rdenas Demings Grothman Cline Johnson (LA) Rice (SC) Dingell Lofgren Sires Carson (IN) DeSaulnier Haaland Cloud Johnson (OH) Riggleman Doyle, Michael Lowenthal Slotkin Cartwright DesJarlais Hagedorn Cole Johnson (SD) Roe, David P. F. Lowey Smith (NJ) Case Deutch Harder (CA) Collins (GA) Jordan Rogers (AL) Engel Luja´ n Smith (WA) Casten (IL) Dingell Hartzler Comer Joyce (PA) Rogers (KY) Escobar Luria Soto Castor (FL) Doyle, Michael Hayes Conaway Keller Rooney (FL) Eshoo Lynch Spanberger Castro (TX) F. Heck Cook Kelly (MS) Rose, John W. Espaillat Malinowski Speier Chu, Judy Duncan Higgins (NY) Craig Kelly (PA) Rouzer Evans Maloney, Stanton Cicilline Engel Hill (CA) Crawford King (IA) Roy Finkenauer Carolyn B. Stefanik Cisneros Escobar Himes Cuellar Kinzinger Rutherford Fitzpatrick Maloney, Sean Stevens Clark (MA) Eshoo Hollingsworth Cunningham Kustoff (TN) Scalise Fletcher Matsui Suozzi Clarke (NY) Espaillat Horn, Kendra S. Davidson (OH) LaHood Scott, Austin Fortenberry McAdams Swalwell (CA) Clay Evans Horsford Diaz-Balart Lamborn Shimkus

VerDate Sep 11 2014 07:00 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.049 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4737 Smith (MO) Timmons Wenstrup Golden Lowenthal Ruppersberger Lieu, Ted Scanlon Welch Smucker Tipton Westerman Gomez Lowey Rush McBath Sires Wild Steil Upton Williams Gonzalez (OH) Lucas Rutherford Meeks Suozzi Wilson (FL) Steube Van Drew Wittman Gonza´ lez-Colo´ n Luetkemeyer Ryan Moore Swalwell (CA) Stewart Walberg Womack (PR) Luja´ n Sablan Sa´ nchez Underwood Stivers Walker Woodall Gooden Luria Sarbanes Taylor Walorski Wright Gosar Lynch Scalise NOT VOTING—18 Thompson (PA) Watkins Young Gottheimer Malinowski Schakowsky Abraham Gonzalez (TX) Radewagen Thornberry Weber (TX) Zeldin Granger Maloney, Schiff Axne Hastings Roby Graves (GA) Carolyn B. Schneider Curtis Herrera Beutler San Nicolas NOT VOTING—18 Graves (LA) Maloney, Sean Schrader DeLauro Holding Waltz Abraham Gonzalez (TX) Radewagen Graves (MO) Marchant Schrier Doggett Moulton Webster (FL) Axne Hastings Roby Green (TN) Marshall Schweikert Gaetz Posey Yoho Curtis Herrera Beutler San Nicolas Green (TX) Massie Scott (VA) DeLauro Holding Waltz Griffith Mast Scott, Austin ANNOUNCEMENT BY THE ACTING CHAIR Doggett Moulton Webster (FL) Grothman Matsui Scott, David The Acting Chair (during the vote). Gaetz Posey Yoho Guest McAdams Sensenbrenner There is 1 minute remaining. Guthrie McCarthy Serrano ANNOUNCEMENT BY THE ACTING CHAIR Haaland McCaul Sewell (AL) The Acting Chair (during the vote). Hagedorn McClintock Shalala b 1940 There is 1 minute remaining. Harder (CA) McCollum Sherman Ms. WASSERMAN SCHULTZ Harris McEachin Sherrill changed her vote from ‘‘no’’ to ‘‘aye.’’ b 1936 Hartzler McGovern Shimkus Hayes McHenry Simpson So the amendment was agreed to. So the amendment was agreed to. Heck McKinley Slotkin The result of the vote was announced The result of the vote was announced Hern, Kevin McNerney Smith (MO) Hice (GA) Meadows as above recorded. as above recorded. Smith (NE) Higgins (LA) Meng Smith (NJ) AMENDMENTS EN BLOC NO. 1 OFFERED BY MRS. AMENDMENT NO. 85 OFFERED BY MR. MEADOWS Higgins (NY) Meuser Smith (WA) LOWEY OF NEW YORK The Acting CHAIR. The unfinished Hill (AR) Miller Smucker The Acting CHAIR. The unfinished Hill (CA) Mitchell Soto business is the demand for a recorded Himes Moolenaar Spanberger business is the demand for a recorded vote on the amendment offered by the Hollingsworth Mooney (WV) Spano vote on amendments en bloc offered by gentleman from North Carolina (Mr. Horn, Kendra S. Morelle Speier the gentlewoman from New York (Mrs. Horsford Mucarsel-Powell Stanton MEADOWS) on which further pro- Houlahan Mullin LOWEY) on which further proceedings Stauber Hudson Murphy ceedings were postponed and on which Stefanik were postponed and on which the ayes Huffman Nadler the ayes prevailed by voice vote. Steil prevailed by voice vote. Huizenga Napolitano Steube The Clerk will redesignate the Hunter Neal The Clerk will redesignate the Stevens amendment. Hurd (TX) Neguse amendments en bloc. Stewart Jayapal Newhouse The Clerk redesignated the amend- Stivers The Clerk redesignated the amend- Jeffries Norcross ment. Takano ments en bloc. Johnson (GA) Norman Taylor RECORDED VOTE Johnson (LA) Norton RECORDED VOTE Thompson (CA) The Acting CHAIR. A recorded vote Johnson (OH) Nunes The Acting CHAIR. A recorded vote Johnson (SD) O’Halleran Thompson (MS) has been demanded. Johnson (TX) Ocasio-Cortez Thompson (PA) has been demanded. A recorded vote was ordered. Jordan Olson Thornberry A recorded vote was ordered. Joyce (OH) Omar Timmons The Acting CHAIR. This will be a 2- Tipton The Acting CHAIR. This is a 2- minute vote. Joyce (PA) Palazzo minute vote. Kaptur Pallone Titus The vote was taken by electronic de- Katko Palmer Tlaib The vote was taken by electronic device, and there were—ayes 387, noes 33, Keating Panetta Tonko vice, and there were—ayes 231, noes 187, not voting 18, as follows: Keller Pappas Torres (CA) not voting 20, as follows: Kelly (IL) Pascrell Torres Small [Roll No. 331] Kelly (MS) Payne (NM) [Roll No. 332] AYES—387 Kelly (PA) Pence Trahan AYES—231 Kennedy Perlmutter Trone Adams Calvert DeFazio Khanna Perry Turner Adams Craig Haaland Aderholt Carbajal DeGette Kildee Peters Upton Aguilar Crist Harder (CA) Aguilar Carter (GA) DelBene Kilmer Peterson Van Drew Allred Crow Hayes ´ Allen Carter (TX) Delgado Kim Phillips Vargas Barragan Cuellar Heck Amash Cartwright Demings Kind Pingree Veasey Bass Cummings Higgins (NY) Amodei Case DeSaulnier King (IA) Plaskett Vela Beatty Cunningham Hill (CA) Armstrong Castor (FL) DesJarlais King (NY) Pocan Vela´ zquez Bera Davids (KS) Himes Babin Castro (TX) Deutch Kinzinger Porter Visclosky Beyer Davis (CA) Horn, Kendra S. Bacon Chabot Diaz-Balart Kirkpatrick Pressley Wagner Bishop (GA) Davis, Danny K. Horsford Baird Cheney Dingell Krishnamoorthi Price (NC) Walberg Blunt Rochester Dean Houlahan Balderson Chu, Judy Doyle, Michael Kuster (NH) Quigley Walden Bonamici DeFazio Hoyer Banks Cicilline F. Kustoff (TN) Raskin Walker Boyle, Brendan DeGette Huffman Barr Clark (MA) Duffy LaHood Ratcliffe Walorski F. DelBene Jackson Lee Bass Clarke (NY) Duncan LaMalfa Reed Wasserman Brindisi Delgado Jayapal Beatty Cline Dunn Lamb Reschenthaler Schultz Brown (MD) Demings Jeffries Bera Cloud Emmer Lamborn Rice (NY) Waters Brownley (CA) DeSaulnier Johnson (GA) Bergman Clyburn Escobar Langevin Rice (SC) Watkins Bustos Deutch Johnson (TX) Beyer Cole Eshoo Larsen (WA) Richmond Watson Coleman Butterfield Dingell Kaptur Biggs Collins (GA) Espaillat Larson (CT) Riggleman Weber (TX) Carbajal Doyle, Michael Keating ´ Bilirakis Collins (NY) Estes Latta Rodgers (WA) Wenstrup Cardenas F. Kelly (IL) Bishop (GA) Comer Evans Lawrence Roe, David P. Westerman Carson (IN) Engel Kennedy Bishop (UT) Conaway Ferguson Lawson (FL) Rogers (AL) Wexton Cartwright Escobar Khanna Blumenauer Connolly Finkenauer Lesko Rogers (KY) Williams Case Eshoo Kildee Blunt Rochester Cook Fitzpatrick Levin (CA) Rooney (FL) Wilson (SC) Casten (IL) Espaillat Kilmer Bonamici Cooper Fleischmann Levin (MI) Rose (NY) Wittman Castor (FL) Evans Kim Bost Correa Fletcher Lewis Rose, John W. Womack Castro (TX) Finkenauer Kind Brady Costa Flores Lipinski Rouda Woodall Chu, Judy Fitzpatrick Kirkpatrick Brindisi Courtney Fortenberry Loebsack Rouzer Wright Cicilline Fletcher Krishnamoorthi Brooks (AL) Cox (CA) Foster Lofgren Roy Yarmuth Cisneros Foster Kuster (NH) Brooks (IN) Craig Foxx (NC) Long Roybal-Allard Young Clark (MA) Frankel Lamb Brown (MD) Crawford Frankel Loudermilk Ruiz Zeldin Clarke (NY) Fudge Langevin Brownley (CA) Crenshaw Fudge Clay Gabbard Larsen (WA) Buchanan Crist Fulcher NOES—33 Cleaver Gallego Larson (CT) Buck Crow Gabbard Clyburn Garamendi Lawrence Bucshon Cuellar Gallagher Allred Casten (IL) Engel Cohen Garcı´a (IL) Lawson (FL) Budd Cummings Garamendi Arrington Cisneros Gallego Connolly Garcia (TX) Lee (CA) Burchett Cunningham Garcı´a (IL) Barraga´ n Clay Grijalva Cooper Golden Lee (NV) Burgess Davidson (OH) Garcia (TX) Boyle, Brendan Cleaver Hoyer Correa Gomez Levin (CA) Bustos Davis (CA) Gianforte F. Cohen Jackson Lee Costa Gottheimer Levin (MI) Butterfield Davis, Danny K. Gibbs Ca´ rdenas Davids (KS) Lee (CA) Courtney Green (TX) Lewis Byrne Davis, Rodney Gohmert Carson (IN) Dean Lee (NV) Cox (CA) Grijalva Lieu, Ted

VerDate Sep 11 2014 07:00 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.053 H18JNPT1 H4738 CONGRESSIONAL RECORD — HOUSE June 18, 2019 Lipinski Perlmutter Sires Weber (TX) Wilson (SC) Wright Mr. BURGESS. Madam Chair, I have Loebsack Peters Slotkin Wenstrup Wittman Young an amendment at the desk. Lofgren Peterson Smith (WA) Westerman Womack Zeldin Lowenthal Phillips Soto Williams Woodall The Acting CHAIR. The Clerk will Lowey Pingree designate the amendment. Spanberger NOT VOTING—20 Luja´ n Plaskett Speier The text of the amendment is as fol- Luria Pocan Stanton Abraham Gonzalez (TX) Radewagen lows: Lynch Porter Stevens Axne Hastings Roby Malinowski Pressley Suozzi Blumenauer Herrera Beutler San Nicolas At the end of Division E (before the short Maloney, Price (NC) Swalwell (CA) Curtis Holding Waltz title) insert the following: Carolyn B. Quigley Takano DeLauro Meadows Webster (FL) SEC. ll. Each amount made available by Maloney, Sean Raskin Thompson (CA) Doggett Moulton Yoho this Division is hereby reduced by 5 percent. Matsui Rice (NY) Gaetz Posey Thompson (MS) The Acting CHAIR. Pursuant to McBath Richmond Titus McCollum Rose (NY) ANNOUNCEMENT BY THE ACTING CHAIR Tlaib House Resolution 436, the gentleman McEachin Rouda Tonko The Acting CHAIR (during the vote). from Texas (Mr. BURGESS) and a Mem- McGovern Roybal-Allard Torres (CA) There is 1 minute remaining. McNerney Ruiz ber opposed each will control 5 min- Torres Small Meeks Ruppersberger (NM) b 1946 utes. Meng Rush Trahan The Chair recognizes the gentleman Moore Ryan So the en bloc amendments were Morelle Sablan Trone agreed to. from Texas. Mucarsel-Powell Sa´ nchez Underwood The result of the vote was announced Mr. BURGESS. Madam Chair, I yield Murphy Sarbanes Van Drew myself such time as I may consume. Vargas as above recorded. Nadler Scanlon This amendment would reduce appro- Napolitano Schakowsky Veasey Ms. KAPTUR. Madam Chair, I move Neal Schiff Vela that the Committee do now rise. priations in the Energy and Water De- Neguse Schneider Vela´ zquez The motion was agreed to. velopment division by 5 percent. The Visclosky Norcross Schrader Accordingly, the Committee rose; programs in this division have wide bi- Norton Schrier Wasserman O’Halleran Schweikert Schultz and the Speaker pro tempore (Mr. HIG- partisan support. This includes Federal Ocasio-Cortez Scott (VA) Waters GINS of New York) having assumed the spending on water infrastructure, basic Watson Coleman Omar Scott, David chair, Ms. UNDERWOOD, Acting Chair of science research, storm and flood dam- Pallone Serrano Welch age reduction activities, and more. Panetta Sewell (AL) Wexton the Committee of the Whole House on Pappas Shalala Wild the state of the Union, reported that These critical programs are nec- Pascrell Sherman Wilson (FL) that Committee, having had under con- essary for the safety and health of our Payne Sherrill Yarmuth sideration the bill (H.R. 2740) making citizens and the continued growth of the economy. However, this legisla- NOES—187 appropriations for the Departments of Labor, Health and Human Services, tion’s top-line spending is out of sync Aderholt Gibbs McHenry with the Federal Government’s ongo- Allen Gohmert McKinley and Education, and related agencies for Amash Gonzalez (OH) Meuser the fiscal year ending September 30, ing fiscal predicament. Amodei Gonza´ lez-Colo´ n Miller 2020, and for other purposes, had come Congress must balance these initia- Armstrong (PR) Mitchell to no resolution thereon. tives with fiscal realism. Our national Arrington Gooden Moolenaar debt is over $22 trillion and climbing, Babin Gosar Mooney (WV) f Bacon Granger Mullin and the majority’s legislation is only Baird Graves (GA) Newhouse DEPARTMENTS OF LABOR, adding to this debt. Balderson Graves (LA) Norman HEALTH AND HUMAN SERVICES, Let’s work to improve this legisla- Banks Graves (MO) Nunes AND EDUCATION, AND RELATED Barr Green (TN) Olson tion in a bipartisan, bicameral effort to Bergman Griffith Palazzo AGENCIES APPROPRIATIONS ensure that we fund the programs that Biggs Grothman Palmer ACT, 2020 we need today but not have our chil- Bilirakis Guest Pence dren pay for them tomorrow. Bishop (UT) Guthrie Perry The SPEAKER pro tempore. Pursu- Bost Hagedorn Ratcliffe ant to House Resolution 436 and rule Madam Chair, I urge support of this Brady Harris Reed XVIII, the Chair declares the House in amendment and a return to fiscal san- Brooks (AL) Hartzler Reschenthaler the Committee of the Whole House on ity, and I reserve the balance of my Brooks (IN) Hern, Kevin Rice (SC) Buchanan Hice (GA) Riggleman the state of the Union for the further time. Buck Higgins (LA) Rodgers (WA) consideration of the bill, H.R. 2740. Ms. KAPTUR. Madam Chair, I rise in Bucshon Hill (AR) Roe, David P. Will the gentlewoman from Illinois opposition to this amendment. Budd Hollingsworth Rogers (AL) The Acting CHAIR. The gentlewoman Burchett Hudson Rogers (KY) (Ms. UNDERWOOD) kindly resume the Burgess Huizenga Rooney (FL) chair. from Ohio is recognized for 5 minutes Byrne Hunter Rose, John W. Ms. KAPTUR. Madam Chair, I rise in b 1950 Calvert Hurd (TX) Rouzer opposition to this amendment and Carter (GA) Johnson (LA) Roy IN THE COMMITTEE OF THE WHOLE Carter (TX) Johnson (OH) Rutherford point out that our country really can’t Chabot Johnson (SD) Scalise Accordingly, the House resolved neglect vital investments for the safety Cheney Jordan Scott, Austin itself into the Committee of the Whole and welfare of the American people. Cline Joyce (OH) Sensenbrenner House on the state of the Union for the Our bill funds water resource projects Cloud Joyce (PA) Shimkus further consideration of the bill (H.R. Cole Katko Simpson that are critical, including in Texas; Collins (GA) Keller Smith (MO) 2740) making appropriations for the De- supports science and energy technology Collins (NY) Kelly (MS) Smith (NE) partments of Labor, Health and Human research activities necessary to build Comer Kelly (PA) Smith (NJ) Services, and Education, and related the future and our future competitive- Conaway King (IA) Smucker Cook King (NY) Spano agencies for the fiscal year ending Sep- ness; and responsibly funds a credible Crawford Kinzinger Stauber tember 30, 2020, and for other purposes, nuclear deterrent and important non- Crenshaw Kustoff (TN) Stefanik with Ms. UNDERWOOD (Acting Chair) in proliferation efforts. Davidson (OH) LaHood Steil the chair. Davis, Rodney LaMalfa Steube This amendment will harm all of DesJarlais Lamborn Stewart The Clerk read the title of the bill. these. It will harm job creation and re- Diaz-Balart Latta Stivers The Acting CHAIR. When the Com- duce protections against flooding and Duffy Lesko Taylor mittee of the Whole rose earlier today, natural disasters that all parts of our Duncan Long Thompson (PA) Dunn Loudermilk Thornberry a request for a recorded vote on amend- country have been facing. Emmer Lucas Timmons ment No. 61, printed in part A of House One can be penny-wise and pound- Estes Luetkemeyer Tipton Report 116–111, offered by the gen- foolish, and not making these invest- Ferguson Marchant Turner tleman from California (Mr. COX) had Fleischmann Marshall Upton ments will make the costs in the future Flores Massie Wagner been postponed. even greater. Fortenberry Mast Walberg AMENDMENT NO. 63 OFFERED BY MR. BURGESS This amendment will also result in Foxx (NC) McAdams Walden The Acting CHAIR. It is now in order fewer investments in water resource in- Fulcher McCarthy Walker Gallagher McCaul Walorski to consider amendment No. 63 printed frastructure and energy research and Gianforte McClintock Watkins in part A of House Report 116–111. development programs, all of which

VerDate Sep 11 2014 07:00 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.052 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4739 create good jobs, have substantial re- Page 620, strike lines 1 through 8. ering using the Corps’ Civil Works fund turns on investment, and position our The Acting CHAIR. Pursuant to to pay for a border wall, the backlash Nation for future needs. House Resolution 436, the gentleman was swift and strong, with bipartisan We must continue investing in these from Texas (Mr. BURGESS) and a Mem- opposition. areas to ensure our national security ber opposed each will control 5 min- In fact, a number of my colleagues on on many levels and to remain the glob- utes. the other side of the aisle, including al leader in energy and in science. The Chair recognizes the gentleman those from Texas, tweeted that they Madam Chair, I urge my colleagues from Texas. had secured the commitment of the to join me in opposing this amend- Mr. BURGESS. Madam Chair, this White House that the President would ment, and I reserve the balance of my amendment would strike section 108 of not raid disaster funding for their Har- time. this bill that prohibits any funding vey relief projects. If approved, this Mr. BURGESS. Madam Chair, it is used for border security infrastructure. amendment would strike the language actually a pretty easy equation. The Let me say that again because I can’t in the bill that protects those projects. Federal Government, under the budget believe it myself. So I remind my colleagues that a caps agreement of 2011, is required to This would strike section 108 of the ‘‘yes’’ vote on this amendment is a perform under budget caps. bill that prohibits any funding being vote signaling that they are fine with For whatever reason, we have chosen used for border security infrastructure. the President raiding Corps water in- to ignore that difficult fact of life There is a very clear humanitarian frastructure projects in their district while these appropriations bills were and security crisis on our southern bor- to build a border wall. written. Top-line numbers were—well, der. Customs and Border Protection The President, on hundreds of occa- back in math class in the eighth grade, and Immigration and Customs Enforce- sions, may I remind you, promised that we used to talk about imaginary num- ment are strained by the enormous Mexico would pay for any border secu- bers and irregular numbers. These number of border crossings each and rity necessary to restore order at our numbers are certainly imaginary and every day. In the month of May, over shared border. We cannot allow the irregular because they are not based on 144,000 individuals crossed our border President to dip into accounts with in- reality. without permission. Over 96,000 are un- frastructure funds to assist ravaged All I am asking for is that we make accompanied children or family units. communities across our Nation. a good faith effort to save 5 cents out But, instead of providing desperately I urge my colleagues to vote ‘‘no’’ on of every dollar that we spend in this needed aid to take care of these chil- this amendment. appropriations bill. I don’t think that dren and families, this bill only in- And I yield such time as she may is too much to ask. I don’t think any cludes a provision to prohibit funding consume to the gentlewoman from one of us believes that every dollar to secure our border. It is appalling California (Mrs. NAPOLITANO), my es- that is spent by the Federal Govern- that we have not considered supple- teemed colleague, chair of the Trans- ment in the agencies is well spent and mental funding to deal with this crisis. portation and Infrastructure Water there are not savings to be had. As long as the doors remain wide Subcommittee. That is all this amendment is asking open, irregular migration will con- Mrs. NAPOLITANO. Madam Chair, I for: a limitation, across-the-board cut, tinue, and the American taxpayer will rise in strong opposition to the amend- 5 percent. Let’s get it passed. Then have to foot the bill to care for another ment offered by the gentleman from let’s get back to the table and decide, country’s children. Texas (Mr. BURGESS). really, what the priorities are. His amendment would strike from Because, you know what, Madam We can no longer do nothing. I urge support of this amendment to allow se- the underlying bill a provision in Sec- Chair, at some point, if we proceed tion 108 that blocks the Trump admin- down this path, the sequester is going curity along our southern border, and I reserve the balance of my time istration from transferring existing to kick in, and it will not be pretty, funds from the U.S. Army Corps of En- and it will not be an easy path at that Ms. KAPTUR. Madam Chair, I claim the time in opposition. gineers, known as the Corps, for the point. It will actually be dictated to us, construction of a wall or barrier along not something where we have negotia- The Acting CHAIR. The gentlewoman from Ohio is recognized for 5 minutes. the U.S./Mexico border. tion room. I have been a very vocal opponent of Madam Chair, I urge an ‘‘aye’’ vote, Ms. KAPTUR. Madam Chair, I rise in this President’s never-ending political and I yield back the balance of my strong opposition to this amendment, stunt to construct a wall along our time. which really doesn’t belong in this bill. southern border with Mexico. Ms. KAPTUR. Madam Chair, I ask Section 108 prevents the President Through emergency supplemental my colleagues to oppose this amend- from siphoning off funds from critical bills, Congress provided billions of dol- ment, and I yield back the balance of Army Corps projects to build a border lars to help American families rebuild my time. wall. These include important flood The Acting CHAIR. The question is control projects to protect and restore their lives after recent storms and nat- on the amendment offered by the gen- communities from natural disasters ural disasters, as well as prepare our country for future disasters. This tleman from Texas (Mr. BURGESS). and navigation projects to keep our The question was taken; and the Act- ports moving commerce. emergency money in the Corps budget ing Chair announced that the noes ap- Our bill protects more than $20 bil- is not a slush fund to be raided by the peared to have it. lion in disaster funding appropriated President for his political purposes. Mr. BURGESS. Madam Chair, I de- since February of last year to rebuild Americans have seen their lives up- mand a recorded vote. damaged Corps projects and speed up ended, their homes and towns de- The Acting CHAIR. Pursuant to flood control projects all over the stroyed, and havoc wreaked upon their clause 6 of rule XVIII, further pro- country, including in my colleague’s local economies. Our government ceedings on the amendment offered by home State of Texas, which has been so should not abandon them in their hour the gentleman from Texas will be post- hard hit. of need. poned. I support Section 108 of the Energy b 2000 AMENDMENT NO. 64 OFFERED BY MR. BURGESS and Water Appropriations title of this The Acting CHAIR. It is now in order It also protects funding for Corps bill that prohibits the President from to consider amendment No. 64 printed projects that are currently underway, transferring any funds appropriated in in part A of House Report 116–111. or soon will be, including projects in this or earlier bills from being used for Mr. BURGESS. Madam Chair, I call every district across America. Without the construction of this wall. up amendment No. 64 to division E of this language, the President can raid I was also pleased to join with the H.R. 2740. funding from any Corps water infra- chairs of the Committee on Transpor- The Acting CHAIR. The Clerk will structure project he wants and divert tation and Infrastructure, Mr. DEFA- designate the amendment. those funds to a border wall. ZIO, the Committee on Appropriations, The text of the amendment is as fol- Earlier this year, when it became Mrs. LOWEY, and the Subcommittee on lows: public that the President was consid- Energy and Water, Ms. KAPTUR, in

VerDate Sep 11 2014 07:17 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.096 H18JNPT1 H4740 CONGRESSIONAL RECORD — HOUSE June 18, 2019 challenging, in a letter, the underlying best, supportive roles to other Federal agen- the State of Texas; $2.4 billion for the Com- legal authority for the President to re- cies, including the U.S. Customs and Border monwealth of Puerto Rico; $2.4 billion for allocate existing appropriated funds of Protection, and that none of these activities the State of California; $1.2 billion for the the Corps’ Civil Works program for the were paid for using the Corps’ civil works State of Louisiana; and $700 million for the funds. State of Florida. construction of a physical barrier The legislative history of section 923 fur- Each of the states and territories that re- along the southern border. ther highlights Congress’ intent that there ceived an allocation of emergency supple- Madam Chair, I insert a copy of the be a military nexus as a prerequisite to use mental funds by Congress were uniquely im- letter in the CONGRESSIONAL RECORD. of this authority. In contemporaneous hear- pacted by natural disasters. ings before the Senate Committee on Envi- For example, in the City of Houston, CONGRESS OF THE UNITED STATES, ronment and Public Works, the then-Acting Washington, DC, January 16, 2019. Texas, officials believe that 82 people were Assistant Secretary of the Army (Civil killed, 13,000 people were rescued, and more Hon. DONALD J. TRUMP, Works) testified on the limited scope of this The President, The White House, than 42,000 people were forced into shelters authority—noting that this authority Washington, DC. by Hurricane Harvey (in addition to the 6 ‘‘would be available only in two limited situ- million Texans who were otherwise impacted DEAR MR. PRESIDENT: You have publicly ations: in time of war declared by Congress, indicated several times that you may seek to by the storm). Similarly, in 2017, Puerto or in time of national emergency, military in declare a national emergency in order to Rico faced Hurricanes Irma and Maria, with nature, declared by the President in accord- fund the construction of a physical barrier Maria now designated as the third deadliest ance with the National Emergences Act’’ along the southern border of the United hurricane in U.S. history, killing thousands (emphasis added). of citizens, and disabling the entire power States. Also, a number of news reports sug- It is our belief that construction of a phys- gest you are considering utilizing a pre- grid of the Commonwealth for months. While ical barrier along the southern border fails these are just two examples of the dev- viously unused statutory authority to reallo- to meet either of these limited situations. cate existing funds of the U.S. Army Corps of astating impacts of recent natural disasters, On the former, there is no active declaration they are indicative of why Congress decided Engineers (Corps) for this construction. of war related to the border crossing. On the We believe that any suggestion that you to provide robust emergency funding to latter, there is no justification that con- these and similarly impacted communities could use this statutory authority for this struction of the physical barrier is military purpose is misinformed. Simply put, this au- that are only now starring to rebuild. in nature. The term ‘‘military in nature,’’ In our view, it would be the height of irre- thority does not authorize you to reallocate again, implies that the situation requires the sponsibility to take away vital reconstruc- existing Corps funds—including, but not lim- unique presence or involvement of the De- tion funds from communities impacted by ited to, approximately $14 billion in disaster partment of Defense in its military (Armed recent natural disasters, leaving these com- funds for communities impacted by the 2017 Forces) capacity. While the Corps is a communities at continued vulnerability to fu- and 2018 hurricanes or other natural disas- ponent of the Department of Defense, its ture disasters, and future loss of life. ters—for the construction of the physical civil works mission is focused on water re- Again, we believe that section 923 of the barrier. In addition, we oppose the realloca- sources development activities and emer- Water Resources Development Act of 1986 tion of existing Corps funds from commu- gency response to natural disasters. It is in does not provide you with legal authority to nities that are just starting to rebuild from that capacity that the Corps provides domes- reallocate existing Corps funds to the con- the devastation they faced, and for which tic construction-related assistance through struction of a physical barrier along the Congress provided emergency funds to help its authorized civil works activities, or southern border. In addition, we oppose the the lives and livelihoods of our citizens. through its Support for Others authority. transfer of Corps funds away from commu- Section 923(a) of the Water Resources De- Yet, these authorities are solely distinct nities that have already suffered enough velopment Act of 1986 (33 U.S.C. 2293(a)) from the Corps’ role in supporting the com- from the impacts of recent natural disasters, states that: bat and installation readiness needs of the and strongly urge you not to utilize these al- In the event of a declaration of war or a Department of Defense. In our view, because located recovery dollars for any purpose re- declaration by the President of a national construction of a physical barrier does not lated to the construction of the physical bar- emergency in accordance with the National necessitate the actions of the Department of rier. Emergencies Act (90 Stat. 1255; 50 U.S.C. 1601) Defense in its military capacity, the use of Sincerely, that requires or may require use of the the Corps for construction of the barrier PETER A. DEFAZIO, Armed Forces, the Secretary, without regard would not fall within the limited scope of Chairman, Committee to any other provision of law, may (1) termi- section 923. on Transportation nate or defer the construction, operation, Second, section 923 also requires that any and Infrastructure. maintenance, or repair of any Department of project, for which construction, operation, GRACE F. NAPOLITANO, the Army civil works project that he deems maintenance, and repair work is funded Member of Congress. not essential to the national defense, and (2) under this authority, be specifically author- NITA M. LOWEY, apply the resources of the Department of the ized by Congress. As noted in the Congres- Chairwoman, Com- Army’s civil works program, including funds, sional Record during Senate consideration of mittee on Appropria- personnel, and equipment, to construct or the Water Resources Development Act of tions. assist in the construction, operation, main- 1986, ‘‘[this] section does not provide author- MARCY KAPTUR, tenance, and repair of authorized civil ity to construct any project not authorized Chairwoman-des- works, military construction, and civil de- by law.’’ Yet, the proposed physical barrier ignate, Sub- fense projects that are essential to the na- that you are contemplating is not specifi- committee on Energy tional defense. cally authorized by Congress—not as a civil and Water Develop- As you know, this authority has never works project, not as a military construction ment and Related been used by the Corps since its enactment project, and not as a civil defense project. Agencies. in 1986. Therefore, there is no historical Therefore, your potential use of this author- Mrs. NAPOLITANO. Madam Chair, precedent on its use by any Presidential ad- ity for the proposed physical barrier would ministration. However, we believe that a fail a second test of applicability. the construction of the President’s plain reading of this statutory provision does Even if you were to ignore the plain text of wall is the wrong way to address our not provide legal authority to reallocate ex- section 923, and continue to pursue this au- Nation’s immigration challenges. This isting appropriated funds of the Corps’ civil thority to reallocate existing funds from the amendment would allow the President works program for the construction of the Corps, we want to be very clear who would be to abandon families in California, physical barrier along the southern border impacted by your decision. Texas, Puerto Rico, Florida, the Mid- you have called for. It is our understanding that the adminis- west, and elsewhere, that were im- First, section 923 unequivocally states that tration has identified potentially $14 billion actions funded by this provision ‘‘require or in construction funds from the 2018 Supple- pacted by recent natural disasters, in may require use of the Armed Forces’’ (em- mental Appropriations related to Hurricanes their hour of need. phasis added). In our opinion, there is noth- Harvey, Irma, and Maria, as well as other I thank Chairwoman KAPTUR for in- ing uniquely related to the planning, design, disasters (Pub. L. 115–123) and an additional cluding much-needed funding in this or construction of the physical barrier that $2.9 billion in supplemental appropriations bill for the Army Corps of Engineers to would suggest the Armed Forces’ (in this related to Superstorm Sandy that remain do their job, and for including Section case, the Corps) involvement in these activi- unobligated. These funds were specifically 108 that protects the Army Corps from ties is required. We understand that the appropriated by Congress to help commu- the political stunt of building a border Corps has, on previous occasions and through nities in impacted states and territories re- its Support for Others authority, partici- cover from devastating natural disasters. wall. pated in prior design and construction ac- In July 2018, the Corps released its list of Madam Chair, I oppose this amend- tivities related to existing barriers along specific projects for which the 2018 Supple- ment. with the southern border. But, it is also our mental funds are planned to be utilized. This Ms. KAPTUR. Madam Chair, I re- understanding that these activities were, at list includes, approximately: $4.5 billion for serve the balance of my time.

VerDate Sep 11 2014 07:17 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.099 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4741 Mr. BURGESS. Madam Chair, may I He is not going to raid the Corps posed rule entitled ‘‘Energy Conservation ask as to the time remaining on my budget under my watch; that is for Program: Energy Conservation Standards for side. sure. Communities across this country General Service Lamps’’ published by the The Acting CHAIR. The gentleman need this money. Department of Energy in the Federal Reg- ister on February 11, 2019 (84 Fed. Reg. 3120). from Texas has 31⁄2 minutes remaining. Madam Chair, I yield back the bal- Mr. BURGESS. Madam Chair, I yield ance of my time. AMENDMENT NO. 88 OFFERED BY MR. BERA OF CALIFORNIA 2 minutes to the gentleman from Texas Mr. BURGESS. Madam Chair, I yield Page 621, line 16, after the dollar amount, (Mr. ROY). myself the balance of my time. It is a pretty simple equation. A insert ‘‘(increased by $2,000,000) (decreased by Mr. ROY. Madam Chair, the truth is $2,000,000)’’. the President of the United States ‘‘no’’ vote on this amendment is, in AMENDMENT NO. 94 OFFERED BY MR. BRENDAN F. fact, a vote for open borders. As Mr. shouldn’t be forced to have to make BOYLE OF PENNSYLVANIA ROY correctly pointed out, there are the tough decisions of figuring out how At the end of division E (before the short to secure our border without support far too many stretches of our border in title), insert the following: from this institution, but that is pre- Texas with Mexico, where there is no SEC. ll. None of the funds made available cisely what is happening. The Presi- barrier at all. Carrizo cane and mes- by this Act may be used to reject any appli- dent of the United States is having to quite trees will not stop people who cation for a grant available under funds ap- look at a crisis on our border that our have it in their hearts to come across. propriated by this Act because of the use of colleagues on the other side of the aisle The operational control has been the term ‘‘global warming’’ or the term ‘‘cli- just simply straight up refuse to ac- ceded to criminal gangs and cartels on mate change’’ in the application. knowledge exists. the Mexican side of the border. This AMENDMENT NO. 105 OFFERED BY MS. OMAR OF MINNESOTA When I was down at the border in needs to stop. McAllen in January, I was told of This amendment simply removes a At the end of division E (before the short cynical obstruction to the President title), insert the following: about 200,000 people that would be ap- SEC. ll. None of the funds made available prehended; maybe 200,000 that would being able to do his job when the Con- by this Act may be used by the Secretary of not be apprehended. And I was told 90 gress will not do our job. Energy to make a guarantee under section percent of that was going to come I urge an ‘‘aye’’ vote, and I yield 1703 of the Energy Policy Act of 2005 (42 through McAllen, as opposed to back the balance of my time. U.S.C. 16513) for a project that does not Brownsville. Why? Because there is The Acting CHAIR. The question is avoid, reduce, or sequester air pollutants or fencing in Brownsville. on the amendment offered by the gen- anthropogenic emissions of greenhouse I would ask my colleagues whether tleman from Texas (Mr. BURGESS). gases. they have ever been to the border, in The question was taken; and the Act- AMENDMENT NO. 106 OFFERED BY MRS. LEE OF the cane, along the river, talking to ing Chair announced that the noes ap- NEVADA Border Patrol when they are there at peared to have it. Page 635, line 12, after the dollar amount, insert ‘‘(increased by $3,000,000)’’. 11:00 at night, and they have radios Mr. BURGESS. Madam Chair, I demand a recorded vote. Page 637, line 24, after the dollar amount, that don’t work; cell signals that don’t insert ‘‘(reduced by $3,000,000)’’. work. They can’t see the river because The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further pro- AMENDMENT NO. 108 OFFERED BY MR. GARCI´AOF the cane is too thick. They have no ILLINOIS roads that are lateral that run along ceedings on the amendment offered by the gentleman from Texas will be post- Page 631, line 22, after the first dollar the river, so they can move up and amount, insert ‘‘(reduced by $5,000,000)’’. down the river to protect our border. poned. Page 629, line 19, after the first dollar They are down there by themselves, AMENDMENTS EN BLOC NO. 3 OFFERED BY MS. amount, insert ‘‘(increased by $5,000,000)’’. KAPTUR OF OHIO and the cartels have operational con- The Acting CHAIR. Pursuant to trol of the river. Ms. KAPTUR. Madam Chairman, pur- House Resolution 436, the gentlewoman suant to House Resolution 436, I offer The Reynoso faction of the Gulf Car- from Ohio (Ms. KAPTUR) and the gen- amendments en bloc. tel, they own it. They are making hun- tleman from Idaho (Mr. SIMPSON) each The Acting CHAIR. The Clerk will dreds of millions of dollars moving peo- will control 10 minutes. ple through McAllen right now. And designate the amendments en bloc. The Chair recognizes the gentle- Amendments en bloc No. 3 consisting right now, little girls are going to be woman from Ohio. of amendment Nos. 65, 71, 73, 83, 88, 94, abused on the journey because we bury Ms. KAPTUR. Madam Chair, this en 105, 106, and 108 printed in part B of our heads in the sand. bloc includes amendments from Rep- House Report 116–111, offered by Ms. The President is trying to secure the resentatives WASSERMAN SCHULTZ, KAPTUR of Ohio: border, and the Democrats, in another LANGEVIN, GRIJALVA, CASTOR, BERA, cynical attempt to stop security, are AMENDMENT NO. 65 OFFERED BY MS. BOYLE, OMAR, LEE of Nevada, and putting provisions and poison pills in WASSERMAN SCHULTZ OF FLORIDA GARCI´A of Illinois. This includes a num- this legislation to prevent the kind of At the end of division E (before the short ber of ideas that were not included in security that is needed for our border. title), insert the following: the original bill, and that we support. SEC. lll. None of the funds made avail- Madam Chair, I yield 11⁄2 minutes to I, for the life of me, don’t understand able by this Act may be used to issue a per- it. mit under section 404 of the Federal Water the gentlewoman from Florida (Ms. I appreciate my colleague from Texas Pollution Control Act for the discharge of WASSERMAN SCHULTZ), the chair of the standing up and making this point that dredged or fill material from a project lo- Military Construction, Veterans Af- we should be preserving the ability of cated within Water Conservation Areas 3A fairs, and Related Agencies Sub- the President to be able to do his job in and 3B in the State of Florida. committee. the absence of a Congress willing to do AMENDMENT NO. 71 OFFERED BY MR. LANGEVIN Ms. WASSERMAN SCHULTZ. its job. OF RHODE ISLAND Madam Chair, I rise to support the en Mr. BURGESS. Madam Chair, I re- Page 640, line 3, after the dollar amount, bloc amendment, which includes my serve the balance of my time. insert ‘‘(reduced by $5,000,000) (increased by amendment to protect Water Conserva- Ms. KAPTUR. Madam Chair, I would $5,000,000)’’. tion Areas in the Everglades from oil just like to remind the gentleman—I AMENDMENT NO. 73 OFFERED BY MR. GRIJALVA wells. think he is new to this body—that the OF ARIZONA It is important to point out that as of President said he was going to get Mex- Page 631, line 22, after the first dollar last year, the Federal Government and ico to pay for everything. He said that amount, insert ‘‘(reduced by $2,400,000)’’. the State of Florida had spent more Page 637, line 15, after the first dollar 1,000 times. Didn’t happen. amount, insert ‘‘(increased by $2,000,000)’’. than $3.7 billion to restore the Florida He is not going to raid our accounts. Everglades, the river grass. I am here AMENDMENT NO. 83 OFFERED BY MS. CASTOR OF The gentleman has communities in FLORIDA to say, by offering this amendment, I his State. Unfortunately, he held up At the end of division E (before the short want to ensure that we not roll back the money for a long time about a title), insert the following: that progress. week and a half ago; and so now he SEC. ll. None of the funds made available My amendment would ensure that comes to the floor and talks this way. by this Act may be used to finalize the pro- avaricious oil companies who care for

VerDate Sep 11 2014 08:18 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.100 H18JNPT1 H4742 CONGRESSIONAL RECORD — HOUSE June 18, 2019 nothing but profit, cannot turn our Department of Energy from finalizing lion and reduces Fossil Energy Research and famed river of grass into an industrial the rule relating to the efficiency Development by $2.4 million. This increase oil field. standards of light bulbs. should be allocated specifically for renewable An investment company has applied I know there are some parties who energy. to drill an oil well just west of the city have characterized the proposed rule as This amendment ensures that we place a of Miramar in Broward County, my a roll back of efficiency standards. higher priority on energy needs and capabili- home county, much of which I rep- What it really does, though, is ensure ties within tribal lands and communities, by resent. the Department is following the law. slightly reducing a growing and outdated fossil Drilling an oil well in the middle of a The previous rule, a rule promul- fuel account. Water Conservation Area that is 20,000 gated at the very last minute of the The funding will provide financial and tech- acres wide, between two canals, when Obama administration, revised certain nical assistance to enable tribes to evaluate you have 8 million people who rely, for definitions contrary to statutory lan- and develop their renewable energy resources their drinking water, on the aquifer be- guage. That rule was challenged le- and to reduce their energy costs through effi- neath the Florida Everglades, is the gally, and the settlement acknowl- ciency and weatherization. definition of insanity. edged the mistake. Funds may be used to offer education and My amendment would ensure that The current proposed rule reduces training opportunities designed to foster clean the Army Corps of Engineers could not the regulatory uncertainty by making energy technology adoption, promote green issue this heinous permit when it is ap- clear that several types of light bulbs jobs and growth, and strengthen overall native plied for. will continue to be sold. It also shows communities’ self-determination. We have, under the Federal and State DOE’s commitment to following the Through these projects, tribes can continue Comprehensive Everglades Restoration law, a novel concept. We should all sup- to build the capacity to manage their energy Plan, water managers who want to con- port following the laws that Congress needs. Many tribes’ energy costs are higher nect two conservation areas that are passes. than the national average, making installation part of southern Florida’s hydrological For these reasons, I must oppose this of renewable energy a permanent improve- system. A lawsuit that is pending in en bloc amendment, and I urge my col- ment in their finances and lives. Federal court argues that drilling vio- leagues to do the same. Investing in renewable energy technologies lates the Comprehensive Everglades Madam Chair, I reserve the balance provides many benefits for tribes: Restoration Plan, and I agree, and this of my time. It creates economic stability by protecting amendment would ensure that the Ms. KAPTUR. Madam Chair, I yield 1 these communities from fluctuations of con- Army Corps must deny the permit. minute to the gentleman from Illinois ventional energy sources and by providing Mr. SIMPSON. Madam Chair, I rise (Mr. GARCI´A). steady revenue into the future. in opposition to this amendment. I Mr. GARCI´A of Illinois. Madam It creates employment in manufacturing, op- would like to address what the gentle- Chair, my amendment shifts $5 million erations, and maintenance. Installing wind tur- woman just said in just a minute. in funding for fossil fuel research and bines, solar heaters, and solar panels in the While I may have been able to sup- development to Energy Efficiency and communities provide opportunities for hands- port some of the amendments that Renewable Energy Research. on education and training. Onsite renewable power can contribute to have been considered individually—and Increasing energy efficiency and the tribal energy self-sufficiency by providing elec- I noticed that as we listed the Members use of renewable energy, like wind and tricity in rural areas underserved by the exist- that have offered amendments they solar, are the most cost-effective ways ing power grid and save tribes revenues. were all Democratic amendments; none of reducing greenhouse gas emissions. Developing local renewable energy re- of them were Republican amend- These funds can also fund research in sources can improve local air quality and ments—the majority’s decision to more fuel-efficient passenger vehicles health conditions, as well as improve the com- package them together like this means for transit options. munities’ response to climate change impacts I must oppose an en bloc amendment. The Trump administration’s 2020 and extreme weather disruptions. I have concerns with multiple pieces budget proposed cutting over $2 billion This amendment will help Indian Country by of this en bloc amendment, but I would from energy efficiency programs, and moving a small amount of funding away from like to focus on two of them; one that authorized an additional $116 million to old energy sources that are leaving us reliant was just spoken about by the gentle- fund new oil, gas, and coal projects. on out-date and harmful energy sources. woman from Florida. b 2015 Despite the need to transition to a clean en- First, this amendment includes lan- As climate change continues to ergy future, the Fossil Energy Research and guage that would prohibit the Army Development account has increased $72 mil- Corps of Engineers from issuing a sec- threaten our future economic prosperity and the lives of billions world- lion since 2017. tion 404 permit for any project in a spe- Currently there are 573 recognized tribes, wide, we should be focusing our efforts cific geographical location. yet the Office Indian Energy is appropriated at on clean, renewable energy. Legislatively deciding individual per- only $25 million. Madam Chair, I thank my colleagues mit outcomes is something the Energy The longer we postpone an orderly transi- on the Rules Committee for making and Water Subcommittee, under both tion away from fossil fuels the more vulnerable this important amendment in order. I Republican and Democrat leadership, we become as a society—what better way to urge all of my colleagues to support have previously avoided. That restraint move forward than to present our Native na- my amendment to further promote en- was not because we were never asked tions with the opportunity to be leaders of our ergy efficiency and renewable energy to legislate the outcome of a permit. energy future. We were asked many, many times. research and development. This amendment will make a difference in Rather, it was in recognition that Mr. SIMPSON. Madam Chair, I re- the quality of life of American Indians and Congress has established a process by serve the balance of my time. Alaska Natives by bringing renewable energy which the technical experts within the Ms. KAPTUR. Madam Chair, I ask and energy efficiency options to their sov- Federal agencies would evaluate my colleagues to join me in support of ereign nations. projects to determine whether environ- this amendment, and I yield back the I would like to thank the chairman and the mental impacts could be avoided or balance of my time. committee for their work on this bill. I appre- minimized such that the project could Mr. SIMPSON. Madam Chair, I yield ciate the opportunity to speak on this amend- move forward. back the balance of my time. ment, and I would urge all of my colleagues to Injecting politics into the process by Mr. GRIJALVA. Madam Chair, tribal energy support this amendment. inserting language into an appropria- resources are vast, largely untapped, and crit- The Acting CHAIR. The question is tion bill sets the wrong precedent. It ical in our fight to move towards a secure and on the amendments en bloc offered by suggests that any future permit deci- sustainable energy future. Despite this poten- the gentlewoman from Ohio (Ms. KAP- sion could be decided by the whim of a tial, many tribal homes lack access to elec- TUR). majority of Congress. tricity and affordable heating sources. The question was taken; and the Act- The second issue I would like to dis- Our amendment increases the Office of In- ing Chair announced that the ayes ap- cuss is the language prohibiting the dian Energy Policy and Programs by $2 mil- peared to have it.

VerDate Sep 11 2014 07:40 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.102 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4743 Mr. ROY. Madam Chair, I demand a AMENDMENT NO. 79 OFFERED BY MR. LOEBSACK AMENDMENT NO. 102 OFFERED BY MR. LAMB OF recorded vote. OF IOWA PENNSYLVANIA The Acting CHAIR. Pursuant to Page 629, line 19, after the dollar amount, Page 631, line 6, after the dollar amount, clause 6 of rule XVIII, further pro- insert ‘‘(increased by $5,000,000)(reduced by insert ‘‘(reduced by $1,000,000) (increased by ceedings on the amendments en bloc $5,000,000)’’. $1,000,000)’’. offered by the gentlewoman from Ohio AMENDMENT NO. 81 OFFERED BY MR. WELCH OF AMENDMENT NO. 104 OFFERED BY MR. will be postponed. VERMONT O’HALLERAN OF ARIZONA Page 611, line 15, after the dollar amount, AMENDMENTS EN BLOC NO. 4 OFFERED BY MS. Page 637, line 24, after the dollar amount, insert ‘‘(increased by $40,000,000) (reduced by insert ‘‘(reduced by $1,000,000)’’. KAPTUR OF OHIO $40,000,000)’’. Ms. KAPTUR. Madam Chair, pursu- Page 629, line 19, after the dollar amount, AMENDMENT NO. 82 OFFERED BY MS. KUSTER OF insert ‘‘(increased by $1,000,000)’’. ant to House Resolution 436, I offer NEW HAMPSHIRE amendments en bloc. AMENDMENT NO. 107 OFFERED BY MR. ROUDA OF Page 637, line 24, after the dollar amount, CALIFORNIA The Acting CHAIR. The Clerk will insert ‘‘(reduced by $3,000,000)’’. designate the amendments en bloc. Page 659, line 13, after the dollar amount, Page 611, line 15, after the first dollar Amendments en bloc No. 4 consisting insert ‘‘(increased by $3,000,000)’’. amount, insert ‘‘(reduced by $5,000,000) (increased by $5,000,000)’’. of amendment Nos. 66, 67, 68, 69, 70, 72, AMENDMENT NO. 84 OFFERED BY MR. PERRY OF 74, 75, 76, 77, 78, 79, 81, 82, 84, 85, 86, 87, PENNSYLVANIA AMENDMENT NO. 109 OFFERED BY MR. LEVIN OF 92, 93, 95, 96, 98, 99, 100, 101, 102, 104, 107, Page 629, line 19, after the first dollar CALIFORNIA 109, 110, 111, 112, and 113 printed in part amount, insert ‘‘(increased by $2,000,000)’’. Page 649, line 9, after the dollar amount, A of House Report 116–111, offered by Page 637, line 24, after the first dollar insert ‘‘(reduced by $500,000) (increased by amount, insert ‘‘(reduced by $2,000,000)’’. $500,000)’’. Ms. KAPTUR of Ohio: AMENDMENT NO. 85 OFFERED BY MR. FOSTER OF AMENDMENT NO. 110 OFFERED BY MRS. CRAIG OF AMENDMENT NO. 66 OFFERED BY MR. ILLINOIS MINNESOTA FLEISCHMANN OF TENNESSEE Page 631, line 6, after the dollar amount, Page 610, line 23, after the dollar amount, Page 639, line 14, after the dollar amount, insert ‘‘(reduced by $1)’’. insert ‘‘(increased by $1,000,000)’’. insert ‘‘(increased by $123,000,000) (reduced by Page 631, line 6, after the dollar amount, Page 613, line 13, after the dollar amount, $123,000,000)’’. insert ‘‘(increased by $1)’’. insert ‘‘(increased by $1,000,000)’’. AMENDMENT NO. 67 OFFERED BY MS. NORTON OF AMENDMENT NO. 86 OFFERED BY MR. HUDSON OF Page 615, line 16, after the dollar amount, THE DISTRICT OF COLUMBIA NORTH CAROLINA insert ‘‘(reduced by $2,500,000)’’. Page 610, line 23, after the first dollar Page 631, line 6, after the dollar amount, AMENDMENT NO. 111 OFFERED BY MRS. CRAIG OF amount, insert ‘‘(reduced by $5,000,000) (in- insert ‘‘(reduced by $1,317,808,000)’’. MINNESOTA creased by $5,000,000)’’. Page 631, line 6, after the dollar amount, insert ‘‘(increased by $1,317,808,000)’’. Page 611, line 15, after the dollar amount, AMENDMENT NO. 68 OFFERED BY MR. WILSON OF insert ‘‘(reduced by $7,500,000)(increased by AMENDMENT NO. 87 OFFERED BY MR. BERA OF SOUTH CAROLINA $7,500,000)’’. Page 641, line 12, after the first dollar CALIFORNIA Page 613, line 13, after the dollar amount, AMENDMENT NO. 112 OFFERED BY MR. MCADAMS amount, insert ‘‘(reduced by $6,500,000)’’. OF UTAH Page 641, line 12, after the first dollar insert ‘‘(increased by $ 3,000,000)’’. amount, insert ‘‘(increased by $6,500,000)’’. Page 615, line 16, after the dollar amount, Page 620, line 14, after the dollar amount, insert ‘‘(reduced by $ 3,000,000)’’. insert ‘‘(increased by $5,000,000)’’. AMENDMENT NO. 69 OFFERED BY MS. VELA´ ZQUEZ Page 621, line 16, after the dollar amount, OF NEW YORK AMENDMENT NO. 92 OFFERED BY MR. RUIZ OF CALIFORNIA insert ‘‘(reduced by $4,000,000)’’. Page 611, line 15, after the dollar amount, Page 621, line 16, after the dollar amount, Page 625, line 6, after the dollar amount, insert ‘‘(reduced by $45,000,000) (increased by insert ‘‘(reduced by $2,000,000)’’. $45,000,000)’’. insert ‘‘(reduced by $2,000,000) (increased by $2,000,000)’’. AMENDMENT NO. 113 OFFERED BY MR. LEVIN OF AMENDMENT NO. 70 OFFERED BY MR. GRAVES OF AMENDMENT NO. 93 OFFERED BY MR. ROUZER OF MICHIGAN MISSOURI NORTH CAROLINA Page 611, line 15, after the dollar amount, Page 610, line 23, after the dollar amount, Page 613, line 13, after the dollar amount, insert ‘‘(reduced by $30,000,000)(increased by insert ‘‘(increased by $4,000,000)’’. $30,000,000)’’. Page 615, line 16, after the dollar amount, insert ‘‘(increased by $2,000,000)’’. Page 616, line 9, after the dollar amount, insert ‘‘(reduced by $4,000,000)’’. The Acting CHAIR. Pursuant to insert ‘‘(reduced by $2,000,000)’’. AMENDMENT NO. 72 OFFERED BY MR. WALBERG House Resolution 436, the gentlewoman AMENDMENT NO. 95 OFFERED BY MR. ESTES OF OF MICHIGAN from Ohio (Ms. KAPTUR) and the gen- KANSAS Page 630, line 7, after the dollar amount, tleman from Idaho (Mr. SIMPSON) each Page 621, line 16, after the dollar amount, insert ‘‘(increased by $3,000,000)’’. will control 10 minutes. Page 637, line 24, after the dollar amount, insert ‘‘(reduced by $5,000,000)’’. Page 621, line 16, after the dollar amount, The Chair recognizes the gentle- insert ‘‘(reduced by $3,000,000)’’. insert ‘‘(increased by $5,000,000)’’. woman from Ohio. AMENDMENT NO. 74 OFFERED BY MR. RICHMOND AMENDMENT NO. 96 OFFERED BY MISS RICE OF Ms. KAPTUR. Madam Chair, I yield OF LOUISIANA NEW YORK myself such time as I may consume. Page 613, line 13, after the dollar amount, Page 629, line 19, after the dollar amount, Madam Chair, this amendment in- insert ‘‘(increased by $4,000,000)’’. insert ‘‘(increased by $16,308,000)’’. cludes a number of bipartisan and non- Page 615, line 16, after the dollar amount, Page 629, line 19, after the dollar amount, insert ‘‘(reduced by $4,000,000)’’. controversial ideas that were not in- insert ‘‘(reduced by $16,308,000)’’. cluded in the original bill. AMENDMENT NO. 75 OFFERED BY MR. RICHMOND AMENDMENT NO. 98 OFFERED BY MS. PLASKETT OF LOUISIANA Madam Chair, I support this amend- OF VIRGIN ISLANDS ment, and I reserve the balance of my Page 613, line 13, after the dollar amount, Page 611, line 15, after the dollar amount, insert ‘‘(increased by $75,000,000) (reduced by insert ‘‘(reduced by $100,000,000) (increased by time. $75,000,000)’’. $100,000,000)’’. Mr. SIMPSON. Madam Chair, I yield AMENDMENT NO. 76 OFFERED BY MR. RICHMOND AMENDMENT NO. 99 OFFERED BY MR. CLOUD OF myself such time as I may consume. OF LOUISIANA TEXAS Madam Chair, I rise in support of the Page 611, line 15, after the dollar amount, Page 631, line 6, after the dollar amount, en bloc amendment. I thank Chair- insert ‘‘(increased by $5,000,000)’’. insert ‘‘(increased by $3,000,000)’’. woman LOWEY and Chairwoman KAP- Page 615, line 16, after the dollar amount, Page 637, line 24, after the first dollar TUR for working with our side to in- insert ‘‘(reduced by $5,000,000)’’. amount, insert ‘‘(reduced by $3,000,000)’’. clude many provisions important to AMENDMENT NO. 77 OFFERED BY MR. LIPINSKI OF AMENDMENT NO. 100 OFFERED BY MR. CLOUD OF our Members. I appreciate the decision ILLINOIS TEXAS to offer this bipartisan en bloc amend- Page 635, line 5, after the dollar amount, Page 631, line 22, after the dollar amount, ment, and I urge my colleagues to sup- insert ‘‘(reduced by $15,000,000) (increased by insert ‘‘(increased by $3,000,000)’’. $15,000,000)’’. Page 637, line 24, after the first dollar port it. Madam Chair, I reserve the balance AMENDMENT NO. 78 OFFERED BY MR. MCKINLEY amount, insert ‘‘(reduced by $3,000,000)’’. OF WEST VIRGINIA AMENDMENT NO. 101 OFFERED BY MS. BLUNT of my time. Page 631, line 22, after the dollar amount, ROCHESTER OF DELAWARE Ms. KAPTUR. Madam Chair, I yield 1 insert ‘‘(increased by $3,000,000)’’. Page 610, line 23, after the first dollar minute to the gentleman from Iowa Page 637, line 24, after the dollar amount, amount, insert ‘‘(reduced by $1,000,000) (in- (Mr. LOEBSACK), a highly capable mem- insert ‘‘(reduced by $3,000,000)’’. creased by $1,000,000)’’. ber of the committee.

VerDate Sep 11 2014 07:40 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.104 H18JNPT1 H4744 CONGRESSIONAL RECORD — HOUSE June 18, 2019 Mr. LOEBSACK. Madam Chair, I signs to help improve reactor effi- power the lights when the Sun goes thank the gentlewoman for yielding. I ciency, as well as efforts to help exist- down or the wind stops. Because of this appreciate that very much. ing plants operate with more flexi- important distinction, additional hy- My amendment will ensure level bility. dropower generation results in in- funding for distributed wind tech- I believe advanced reactor designs creased generation rather than just ca- nologies and research within the De- are the future of emissions-free power pacity. partment of Energy’s wind energy pro- around our world, but we cannot afford If we want to be serious about in- gram. to throw away decades of investment creasing renewable energy, we need to Distributed wind is the use of typi- in the safe, reliable, clean power pro- focus on what works best. More can cally smaller wind turbines owned pri- duced by our existing light-water nu- and must be done to significantly ex- marily by rural and local entities, such clear power plants. Through research pand this vital energy resource. Only 3 as homes, farms, businesses, and public to safely extend the life of our existing percent of the 80,000 dams in the U.S. facilities, to offset all or a portion of nuclear fleet, DOE can ensure we maxi- currently generate electricity, leaving onsite energy consumption. This type mize this clean energy source. substantial potential for additional of energy production strengthens Madam Chair, I thank Chairman generation from unpowered dams. As a American communities by helping LAMB in advance for working with me matter of fact, in my home State of them become more energy independent on this amendment, and I encourage all Pennsylvania, there is an estimated 678 while lowering costs for consumers. of my colleagues to support it once he megawatts of untapped hydropower. The recent trend of closures among Distributed wind also strengthens do- does his fabulous presentation. baseload power generation facilities mestic manufacturing, as 90 percent of Ms. KAPTUR. Madam Chair, I yield 1 threatens our Nation’s ability to meet all small wind turbines sold in the U.S. minute to the gentleman from Illinois our energy needs. Unleashing the full last year were made in America. (Mr. LIPINSKI), the indefatigable gen- potential of hydropower provides a The funding provided over the past tleman on our committee. remedy that is proven, reliable, and re- few fiscal years has helped unleash dis- Mr. LIPINSKI. Madam Chair, I thank newable. tributed wind power’s vast potential, the chair and ranking member for in- Critical to realizing this potential is but continued investment is needed to cluding and supporting my amendment DOE’s Water Power Technologies Of- support the critical research and devel- in this bloc, and I thank Mr. FOSTER fice. This amendment increases fund- opment that will reduce costs and for his support. ing for the office by $2 million to con- maximize the benefits of distributed The amendment redirects an addi- tinue their important mission. wind power throughout the United tional $15 million to the Leadership Madam Chair, I ask the support of States. Computing Facility at Argonne Na- my colleagues for this amendment. Madam Chair, I encourage my col- tional Lab. This facility will be home Ms. KAPTUR. Madam Chair, I yield 1 leagues to support this amendment. to Aurora, the first exascale computer minute to the gentleman from Illinois Mr. SIMPSON. Madam Chair, I yield in the U.S., if not the world. (Mr. FOSTER), probably one of the top 3 minutes to the gentleman from Texas We are currently in a race with China scientists who has ever served in this (Mr. WEBER). to build the first computer that can Chamber. Mr. WEBER of Texas. Madam Chair, perform 1 billion billion operations per Mr. FOSTER. Madam Chair, first, I I thank the gentleman for yielding. second. This will enable advanced sim- am a proud cosponsor of Representa- Madam Chair, I think Mr. LAMB is ulations, such as climate modeling. It tive LIPINSKI’s amendment, which going to have a statement here coming will also aid in the discovery of new would direct an increase of $15 million up, and I thank Chairman LAMB in ad- therapeutic drugs and the development to Argonne National Laboratory’s vance for his remarks. He has a jam-up of new materials for solar energy pro- Leadership Computing Facility. amendment. duction, batteries, and other advanced The ALCF is a national scientific Nuclear energy has been one of my technologies. user facility that provides supercom- top priorities during my time on the It is an economic and national secu- puting resources and expertise to the Science, Space, and Technology Com- rity imperative that the U.S. main- scientific and engineering community mittee. America has a long history of tains leadership in supercomputing by to accelerate the pace of discovery and leadership in nuclear science. It is crit- developing a well-supported exascale innovation in a broad range of dis- ical that we maintain that leadership, computer, and this amendment will ciplines. This money will be well spent. but our existing fleet of reactors is help do that. A second amendment, offered by my- aging. Madam Chair, I thank the chair and self, instructs the National Academies Many of our nuclear plants are near- ranking member for their support. of Sciences, Engineering, and Medicine ing the end of their 40-year licenses and Mr. SIMPSON. Madam Chair, I yield to include accelerator-driven systems must reapply with the NRC to continue 2 minutes to the gentleman from Penn- in its evaluation of future nuclear technology and fuel. operation. While license renewals are sylvania (Mr. PERRY). There is a bipartisan and bicameral important to ensure nuclear safety, the Mr. PERRY. Madam Chair, I thank interest in accelerating investment in process requires robust analysis, plan- my good friend from Idaho and my advanced nuclear reactors, which are good colleagues from the other side of ning, and science- and technology- walkaway safe and proliferation-resist- the aisle for allowing this amendment based solutions to modernize nuclear ant and have the potential to burn or plants. to receive consideration. minimize nuclear waste. Fortunately, the DOE is carrying out Hydropower is one of the Nation’s One proposed system uses a proton this critical R&D through its Light most affordable and reliable renewable accelerator, a neutron spallation tar- Water Reactor Sustainability Program. electricity resources. With over 100 get, and molten salt fuel, but it re- This program funds research in mate- gigawatts of installed capacity, hydro mains subcritical, thereby greatly re- rials, modeling, and system analytics makes up nearly 7 percent, on average, ducing the safety and security risks. to support extending the operating life of all U.S. annual electricity genera- It can, without redesign, burn spent of the existing fleet. tion. As a matter of fact, hydro is the nuclear fuel, natural uranium, tho- By developing a science-based ap- single largest source of renewable elec- rium, or surplus weapons material, proach to understanding and predicting tricity, representing over one-half of such as surplus plutonium. It operates the ways materials and nuclear plants all renewable energy generation in without the need for enrichment or re- behave over time, DOE can help plant 2018. processing and may be used to produce operators find ways to safely operate This is due to the significant advan- the tritium needed to maintain our existing systems while mitigating po- tage hydropower generation, as a base- stockpile. tential damage to reactor components. load source of energy, has over inter- Madam Chair, I thank my colleagues DOE also funds R&D to support plant mittent sources, like wind and solar. It for their support. modernization efforts. This includes provides predictable, continuous gen- Mr. SIMPSON. Madam Chair, I yield developing ways to safely incorporate eration 24–7-365 without the need to 2 minutes to the gentleman from North digital controls into existing plant de- hold backup generation in standby to Carolina (Mr. ROUZER), my good friend.

VerDate Sep 11 2014 07:37 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.105 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4745 Mr. ROUZER. Madam Chair, I appre- Ms. KAPTUR. Madam Chair, I yield 1 interest. I have reached agreement on a ciate the courtesy of my good friend minute to the gentleman from Penn- bipartisan basis. I think that speaks from Idaho. I certainly appreciate his sylvania (Mr. LAMB), a veteran. for itself, and I ask the membership to help and support with this amendment Mr. LAMB. Madam Chair, I also rise support this amendment en bloc. that is included in this package. to support these en bloc amendments, Madam Chair, I yield back the bal- Put very plainly, my amendment is particularly my amendment to in- ance of my time. designed to get the attention of the crease and emphasize the support for Mr. SIMPSON. Madam Chair, I urge Army Corps of Engineers and for a very research in the Office of Nuclear En- my colleagues to support this amend- good reason. ergy Light Water Sustainability Pro- ment, and I yield back the balance of In the Water Infrastructure Improve- gram. my time. ments for the Nation Act of 2016, lan- In my district in Shippingport, Penn- Mr. ESTES. Madam Chair, I rise today in guage was included requiring the Army sylvania, we gave birth to the civilian support of an amendment to the Energy and Corps of Engineers to work with local- nuclear fleet. President Eisenhower Water Development and Related Agencies Ap- ities that request a no-wake zone if launched that plant in 1958, and many propriations Division that seeks to increase there is a safety concern caused by other plants have come up around the support for water reclamation projects. speeding boats generating large wakes Nation providing carbon-free, safe, reli- Millions of people and businesses through- in stretches of federally maintained able energy, and many of them have out our country are able to enjoy a stable waters that run adjacent to a marina. served long past their useful life. Southport, North Carolina, a beau- water supply thanks to this vital infrastructure. Tens of thousands of American work- tiful waterfront community, has been One example is the Equus Beds Aquifer Re- ers keep these plants running today. waiting nearly 3 years to have a no- charge, Storage and Recovery project in They keep us safe. We have to protect wake zone established. That is 3 years Wichita, Kansas. of speeding boats creating wakes that these plants, protect these jobs, and, Equus Beds provides the main water supply have caused fuel spills at Southport most importantly, protect our energy for nearly 500,000 people in Wichita and the Marina and, thankfully, at least so far, grid. We can do that with better re- surrounding region. only minor injuries to date. search into how to make these plants In addition to servicing citizens, it is also Everyone back home knows this run more efficiently, more cheaply, vital for businesses and farms throughout the poses a significant safety concern. We and more competitively. entire area that includes cities such as Wich- just need for some who work in an Mr. SIMPSON. Madam Chair, I yield ita, Halstead, Newton, Hutchinson, McPher- agency known as the Army Corps of 1 minute to the gentleman from Texas son, Valley Center and others. Engineers to understand it just as well. (Mr. WEBER). Equus Beds became a key component of Common sense tells us that at some Mr. WEBER of Texas. Madam Chair, Wichita’s Integrated Local Water Supply Plan point, there is going to be a major acci- I want to thank Chairwoman KAPTUR in 1993, when it was determined that the city’s dent. This is a very high traffic area of and Ranking Member SIMPSON, and water supply would not meet demand by the recreational boats. Doing nothing, as now I want to say thank you to my col- year 2015. the Corps appears to favor, is not an league, who has got an excellent Thankfully since its implementation, the option. amendment, and I applaud it very Equus Beds Aquifer has recharged 2.5 billion Madam Chair, I thank my colleagues much. I want to say to all of my col- gallons of water to continue meeting the re- for their support of this amendment. leagues: Support it. It is a great gion’s needs. Ms. KAPTUR. Madam Chair, I yield 1 amendment, and we look forward to Clearly, water reclamation projects like minute to the gentleman from Cali- passing it. Equus Beds are critical to sustaining the econ- fornia (Mr. RUIZ). Ms. KAPTUR. Madam Chair, I yield 1 omy and quality of life in Wichita and through- Mr. RUIZ. Madam Chair, I rise today minute to the gentleman from Michi- out our country. to express my support for this block of gan (Mr. LEVIN), a hardworking Mem- Today I urge support for amendment 95 to amendments to H.R. 2740. ber from the Wolverine State. H.R. 2740 to increase support in the bill for Included is my amendment to provide Mr. LEVIN of Michigan. Madam water reclamation projects like the Equus $2 million in critical funding for Bu- Chair, I am proud to support this bill, Beds Aquifer. reau of Reclamation projects with a and I thank Chairwoman KAPTUR for I ask my colleagues to approve this amend- public health benefit, such as the her leadership. ment en bloc. Salton Sea in southern California. I am especially pleased to see this The Acting CHAIR. The question is The Salton Sea is a danger to Califor- bill’s increased investment in the im- on the amendments en bloc offered by nian residents. Dust from the exposed portant work of the Army Corps of En- the gentlewoman from Ohio (Ms. KAP- lake bed contains harmful particulate gineers to advance key water infra- TUR). matter that blows into communities structure construction priorities. The question was taken; and the Act- and is inhaled by residents as far away My amendment prioritizes $30 mil- ing Chair announced that the ayes ap- as Los Angeles. lion of that funding for critically need- peared to have it. If we do not take decisive action now, ed projects that improve the quality of Mr. ROY. Madam Chair, I demand a the Salton Sea’s decline will accel- freshwater bodies like Lake St. Clair in recorded vote. erate, exacerbating this public health my district. The Acting CHAIR. Pursuant to crisis and leading more children and To make urgent water quality im- clause 6 of rule XVIII, further pro- seniors to develop respiratory illnesses provements to Lake St. Clair, to the ceedings on the amendments en bloc like asthma. Great Lakes, and to freshwater bodies offered by the gentlewoman from Ohio After Congress passed this amend- across our country, we must prioritize will be postponed. ment last year, the Bureau devoted $2.5 Federal funding for improving Macomb The Chair understands that amend- million to mitigation projects at the County’s Chapaton Retention Basin ment No. 80 will not be offered. Salton Sea. My amendment would con- and other such sewer overflow systems tinue this essential funding to invest in AMENDMENT NO. 89 OFFERED BY MR. MULLIN that help us protect the water sources the health of families who live near the The Acting CHAIR. It is now in order Salton Sea and beyond. our communities rely on every day. to consider amendment No. 89 printed Madam Chair, I urge my colleagues I would like to point out that I am in part A of House Report 116–111. to vote for my amendment to support working on this with the now director Mr. MULLIN. Madam Chair, I have the public health of children, seniors, of public works in Macomb County, an amendment at the desk. and families across southern Cali- former Member of this body, Candice The Acting CHAIR. The Clerk will fornia, and I thank Chair KAPTUR for Miller. designate the amendment. her support and interest in helping us Mr. SIMPSON. Madam Chair, I re- The text of the amendment is as fol- with the Salton Sea. serve the balance of my time. lows: Ms. KAPTUR. Madam Chair, I rise to b 2030 At the end of division E (before the short ask for support of this amendment. title), insert the following: Mr. SIMPSON. Madam Chair, I re- Thirty-four of our Members, many SEC. ll. None of the funds made available serve the balance of my time. have come to speak on their particular by this Act may be used to prepare, propose,

VerDate Sep 11 2014 07:37 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.106 H18JNPT1 H4746 CONGRESSIONAL RECORD — HOUSE June 18, 2019 or promulgate any regulation or guidance from Oklahoma prohibits the use of ment to assume: zero harm and zero that references or relies on the analysis con- funds to prepare, to propose, or to pro- cost from carbon pollution and climate tained in— mulgate any regulation or guidance change. (1) ‘‘Technical Support Document: Social Pretending that climate change Cost of Carbon for Regulatory Impact Anal- that references or relies on analysis of ysis Under Executive Order 12866’’, published the cost of social carbon. doesn’t exist won’t make it go away. I by the Interagency Working Group on Social It is really unfortunate that the Re- urge my colleagues to reject this Cost of Carbon, United States Government, publican flat Earth faction is at it amendment. in February 2010; again. This amendment tells the agen- Madam Chair, I reserve the balance (2) ‘‘Technical Support Document: Tech- cies funded in this bill to ignore the of my time. nical Update of the Social Cost of Carbon for latest climate change science. As- Mr. MULLIN. Madam Chair, there is Regulatory Impact Analysis Under Execu- toundingly, the amendment denies that a lot to unpack there, and we can de- tive Order 12866’’, published by the Inter- bate that all day, especially when you agency Working Group on Social Cost of Car- carbon pollution is harmful. Wow. bon, United States Government, in May 2013 According to this amendment, there start bringing the farmers into it, be- and revised in November 2013; is zero cost of carbon pollution. That is cause you are looking at one. I don’t (3) ‘‘Revised Draft Guidance for Federal denial at its worst. Ask any power have to be with them because I am one Departments and Agencies on Consideration plant operator who is retired who con- of them, and I am from the Midwest. of Greenhouse Gas Emissions and the Effects tracted emphysema because of their But when you start saying that ev- of Climate Change in NEPA Reviews’’, pub- work on those power plants—and these erything is the fault and everything is lished by the Council on Environmental people exist in our society if they to blame because of climate change, it Quality on December 24, 2014 (79 Fed. Reg. haven’t died already—or heavy truck has been changing for quite some time, 77802); and we could go ahead and talk about (4) ‘‘Technical Support Document: Tech- diesel mechanics who worked on re- nical Update of the Social Cost of Carbon for tooling engines when those fumes were that, too. However, I am not going to Regulatory Impact Analysis Under Execu- in the garages when they gave their change her mind, so we are going to tive Order 12866’’, published by the Inter- lives to the public sector and they now agree to disagree. agency Working Group on Social Cost of Car- have COPD, pulmonary disease. Madam Chair, I yield back the bal- bon, United States Government, in July 2015; This amendment is tantamount to ance of my time. (5) ‘‘Addendum to the Technical Support saying that pollution caused climate Ms. KAPTUR. Madam Chair, I urge Document on Social Cost of Carbon for Regu- change, has no cost, and no one will my colleagues to oppose this amend- latory Impact Analysis Under Executive ment. Order 12866: Application of the Methodology ever get hurt. That is simply not true. Tell the American citizens who lost I yield back the balance of my time. to Estimate the Social Cost of Methane and The Acting CHAIR. The question is the Social Cost of Nitrous Oxide’’, published businesses, homes, and loved ones to by the Interagency Working Group on Social hurricanes, wildfires, and other recent on the amendment offered by the gen- Cost of Greenhouse Gases, United States natural disasters, and those who con- tleman from Oklahoma (Mr. MULLIN). Government, in August 2016; or tinue to face unrelenting flooding in The question was taken; and the Act- (6) ‘‘Technical Support Document: Tech- the Midwest that there are no costs ing Chair announced that the noes ap- nical Update of the Social Cost of Carbon for from climate change. peared to have it. Regulatory Impact Analysis Under Execu- In the latest National Climate As- Mr. ROY. Madam Chair, I demand a tive Order 12866’’, published by the Inter- sessment, our Nation’s leading climate recorded vote. agency Working Group on Social Cost of The Acting CHAIR. Pursuant to scientists reiterated what we have Greenhouse Gases, United States Govern- clause 6 of rule XVIII, further pro- known for years: Climate change is ment, in August 2016. ceedings on the amendment offered by real. It is evidenced by the climate-re- The Acting CHAIR. Pursuant to the gentleman from Oklahoma will be lated indicators we have observed, in- House Resolution 436, the gentleman postponed. from Oklahoma (Mr. MULLIN) and a cluding longer seasons, extreme drought, flooding, sea level rise, and AMENDMENT NO. 90 OFFERED BY MR. HUFFMAN Member opposed each will control 5 The Acting CHAIR. It is now in order minutes. more violent storms. to consider amendment No. 90 printed The Chair recognizes the gentleman This amendment tells agencies fund- from Oklahoma. ed in this bill to ignore reality and in part A of House Report 116–111. Mr. MULLIN. Madam Chair, my these scientific findings. This is not Mr. HUFFMAN. Madam Chair, I have amendment would prohibit funds for only irresponsible, but a blatant dis- an amendment at the desk. The Acting CHAIR. The Clerk will implementing the social cost of carbon regard to the well-being and security of designate the amendment. rule. this Nation and our people, whom we The text of the amendment is as fol- Congress and the American people are sworn to protect and defend. lows: have repeatedly rejected cap-and-trade The truth is that climate change is proposals. The Obama administration having catastrophic social and eco- At the end of division E (before the short continuously used social cost of carbon title), insert the following: nomic impacts here in the United SEC. ll. None of the funds made available models, which can easily be manipu- States and across our globe. These are by this Act may be used to finalize the envi- lated in order to attempt to justify new real. Ask the nearest farmer—and I ronmental impact statement for the pro- job-killing regulations. just have been with them this past posed Pebble Project (POA-2017-271). I believe in efficiently using the Na- week—who can’t plant their fields in The Acting CHAIR. Pursuant to tion’s vast energy resources while pro- the Midwest. And those who are less House Resolution 436, the gentleman tecting the air we breathe, the water fortunate face the heaviest impact. from California (Mr. HUFFMAN) and a we drink, and the land we live on. Now is not the time. In fact, that Member opposed each will control 5 The House has a clear, strong record group of citizens who live in the ninth of opposition to the social cost of car- minutes. ward in New Orleans below sea level The Chair recognizes the gentleman bon, voting at least 12 times to block, comes to mind. Now is not the time to defund, or oppose the proposal. A car- from California. pretend that extreme weather events, Mr. HUFFMAN. Madam Chair, my bon tax would inevitably be passed rising seas, and more frequent storms amendment would stop the Army Corps along to consumers, undermining the success of the Tax Cuts and Jobs Act do not have a cost. of Engineers from moving forward with Before the Trump administration we passed last Congress. their flawed environmental impact Madam Chair, I urge my colleagues abandoned common sense, the social statement for the proposed Pebble to support this amendment, and I re- cost of carbon was a very conservative Mine. serve the balance of my time. calculation. The full costs of a rapidly Now, the Pebble Mine is a massive Ms. KAPTUR. Madam Chair, I rise in changing climate are almost certainly project that would be located in the strong opposition to this amendment. significantly higher, but measuring the headwaters of the Bristol Bay water- The Acting CHAIR. The gentlewoman social cost of carbon is a much better shed in southeast Alaska. It threatens from Ohio is recognized for 5 minutes. way than believing the costs are zero. the entire Bristol Bay region: its peo- Ms. KAPTUR. Madam Chair, the Unfortunately, that is what this ple, its salmon, and its multimillion- amendment offered by my colleague amendment would require the govern- dollar economy.

VerDate Sep 11 2014 07:37 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.065 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4747 The Bristol Bay watershed supports feasibility and disaster scenarios or What we do know is that Tribal input 25 federally recognized Tribes that de- provide comprehensive reclamation has not been seriously incorporated pend on salmon for food and their local and mitigation plans. into this process, and we know that the economy and on a healthy watershed b 2045 National Marine Fishery Services, for their clean water. which is the agency that should be Bristol Bay’s wild salmon have sus- The rushed environmental review there at the table as a participating tained Alaska’s indigenous commu- process has sparked wide-scale opposi- agency to protect this iconic fishery, is nities for thousands of years by pro- tion from throughout the country. not participating in this process. viding subsistence food, subsistence- Fishermen, Tribes, sportsmen groups, So what this amendment would do is based livelihoods, and the foundation businesses, conservation organizations, stop this deeply flawed process. If the for their culture and community. all of them have weighed in in opposi- administration wants to try to start Salmon are the economic driver in tion to this shoddy, wrongheaded Corps over and get it right, I have just identi- Bristol Bay, and the region supplies project. fied some of the ways in which this ter- half of the world’s sockeye salmon and My amendment would stop the Peb- ribly flawed process could be repaired 83 percent of the country’s salmon ble Mine. It would stop this flawed and they could move forward in the overall. process. It prohibits funding to com- next budget. At about this time each year, complete the process because there are fun- But there are too many red flags mercial fishermen go to Bristol Bay to damental flaws with the Army Corps’ waving. Bristol Bay and its salmon are harvest that amazing sockeye salmon current analysis. too important to the people of that re- run. The commercial harvest results in Bristol Bay is a national treasure. gion and to this country. more than $1 billion in economic im- We have to do this right or risk losing The Acting CHAIR. The time of the pact, $500 million in direct income, and an incredible resource. I urge support gentleman from California has expired. Mr. SIMPSON. Madam Chair, if those 14,000 jobs. for my amendment, and I reserve the Bristol Bay is also one of the most balance of my time. are flaws in the process, then I am sure sought after sportsmen’s destinations. Mr. SIMPSON. Madam Chair, I claim that a court challenge by the NRDC Hunting and recreational fishing draws the time in opposition to the amend- will actually bring those out. Madam Chair, I yield 2 minutes to visitors from around the world, result- ment. the gentleman from Alaska (Mr. ing in over a thousand jobs and nearly The Acting CHAIR. The gentleman from Idaho is recognized for 5 minutes. YOUNG), my friend. $80 million in direct spending. Mr. YOUNG. Madam Chair, I thank The EPA has previously said the im- Mr. SIMPSON. Madam Chair, let me the gentleman from Idaho (Mr. SIMP- pacts of mining on fish populations in just say, first of all, that everything SON), ranking member of the com- the region could be catastrophic and ir- you have heard from the former attor- mittee, and I was interested in listen- reversible. Over 3,500 acres of wetlands ney for the NRDC is just nonsense, and the reason it is nonsense is because he ing to this conversation. and over 80 miles of stream, which are I would really respectfully ask the doesn’t know. Nobody knows. That is all connected to salmon habitat, would Member to respect the district which I why we have a review of these proce- be directly impacted by this mine and represent. I am not talking about the dures. That is why we have NEPA. its infrastructure. mine. I am talking about the process. That is why the National Environ- The proposed project would also gen- This is State land. They gave it to mental Policy Act is in place, which erate an average of 6.8 billion gallons us, the Congress—State land. They put many of my friends across the aisle per year of wastewater during oper- it up for discovery. It was discovered. view as the foundational environ- ations, 11.8 billion gallons during clo- And under the clause of the discovery, mental law. It requires Federal agen- sure, and all of it would require cap- you have the right for exploration. cies to evaluate the environmental im- ture and treatment. Under the right for exploration, you pacts of projects before the project can This is unprecedented. There is no have a right for production, if it is pos- be approved. The Corps is in the proc- other U.S. hard rock mining operation sible to process. that captures and treats such a mas- ess of doing that. And the chairman, the ranking mem- sive volume of contaminated mine Now, I don’t know if he is worried ber put it very clearly: Let’s go water, which is harmful to fish and to that the outcome might not be like he through the process. What this gen- public health. likes, but if everything he said is true, tleman from California is saying: We We know that mines are not invin- then they certainly won’t permit it. are going to make a decision what is cible. Things go wrong. And if any of To be clear, I am not advocating for right for everything here, and they the negative impacts on waterways and or against this particular project; I don’t know a damn thing about it, ecosystems that have resulted from don’t know enough about it. But what nothing, because they are promoting other mine failures were to happen in I am saying is Congress should stay out people saying: This shouldn’t be done. Bristol Bay, the way of life for Alaska of the process of individual reviews. There is no science behind it yet. Tribes, fishermen, businesses, and resi- Setting the precedent of injecting po- Science is what they talk about all dents would be devastated. litical opinions into the NEPA process the time. It is the bedrock. EIS is the Bristol Bay already provides enough simply means that any project in the bedrock. And yet they are ignoring it, for a thriving economy and supports a future will be subject to the whims of expecting this Congress that doesn’t way of life that is sustainable for fu- the majority party at the time. know squat about the mining in Alas- ture generations. The Pebble Mine puts Such a scenario should be a concern ka. all of that at risk, at risk of significant for all Members, Republicans and It is our land, not their land. It is not irreversible damage. That is why the Democrats alike. Perhaps next time Federal land. It is our land. majority of Bristol Bay residents and the interest will be in legislatively ap- I am saying, let the process work. Alaskans oppose the project. It is why proving a specific project. This amend- Let the process go through. That is 53 other Members of Congress have ment would serve as a precedent. what we are here for. Not for us to joined me in telling the Army Corps What I am saying is let the process make decisions. they should not permit this mine. work. We have put in place the process. The ranking member put it very While a thorough and rigorous review So all of the scenarios that he claims clearly. What are we going to do next would clearly show that it is the wrong are going to be true, we don’t know if time? They will not be in the majority mine and the wrong place, the Federal that is true or not because nobody forever, and we will have some things permitting process for the Pebble Mine knows yet. They are just opinions. they do not want, and we will say we has been wholly insufficient. Tribal Madam Chair, I reserve the balance are going to do it. input is not being incorporated, nor are of my time. They are ignoring the science, and Tribal governments being meaning- Mr. HUFFMAN. Madam Chair, what they brag about the science all the fully consulted. The Army Corps, itself, we do know about this process is that time. Let the science prove us right or acknowledges numerous data gaps, and the Army Corps, itself, has acknowl- wrong. That should be their responsi- the review fails to analyze economic edged serious data gaps. bility, not saying they are for or

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.111 H18JNPT1 H4748 CONGRESSIONAL RECORD — HOUSE June 18, 2019 against a mine and give all these The Acting CHAIR. The gentlewoman any other act may be used to carry out doomsday things there. They may hap- from Ohio is recognized for 5 minutes. any activities that would include pen. If that happens, it will not happen Ms. KAPTUR. Madam Chair, I yield 2 transferring or effectively modifying because it will not issue the permits. minutes to the gentleman from Cali- the mission of the U.S. Army Corps of I want everybody to think about this fornia (Mr. PANETTA), my dear col- Engineers. I understand that it is pret- a moment. What is happening here to- league. ty clear plain language, section 106, di- night is for the interest of some envi- The Acting CHAIR. The gentlewoman vision E. ronmental groups—which you used to from Ohio may not yield blocks of The problem is this: If the perform- be head of, by the way—environmental time. ance of the agency were stellar, I would groups to stop a project that is not any Ms. KAPTUR. Madam Chair, I yield understand that, and perhaps we would of their business until science has not to the gentleman from California (Mr. try and protect it, but let me throw out been proven. I am saying let’s look for PANETTA). a few statistics painting a picture of it. Let’s look for proven. I am saying Mr. PANETTA. Madam Chair, I what it is that we are dealing with. let’s look for it. Let’s look for the thank the gentlewoman for this oppor- The U.S. Army Corps of Engineers, science. If that happens, then we will tunity. today, has a $100 billion backlog in au- do it. I rise today in support of the funding thorized projects—$100 billion. These Mr. SIMPSON. Madam Chair, I yield in this appropriations bill for flood and projects are projects like sustaining the balance of my time to the gen- storm damage reduction in economi- communities, resilience projects, flood tleman from Arizona (Mr. GOSAR). cally disadvantaged areas. protection, ecological restoration, Mr. GOSAR. Madam Chair, I thank Included in this bill, thank goodness, deepening navigation channels. the gentleman from Idaho (Mr. SIMP- is $15 million for Army Corps of Engi- Let me tell a little about the per- SON). neers projects in communities that formance of the U.S. Army Corps of Madam Chair, this amendment also have previously experienced dev- Engineers, Madam Chair. makes a mockery of our laws that gov- astating floods and where the per cap- You can look at ports in other countries. They have been able to facilitate ern the permitting process for mining ita income is less than half of the State the Post-Panamax, the larger vessels. operations and is a complete violation and national averages. This type of funding, as we can tell, In the United States, we are years or of basic fairness. decades behind where we should be, Specifically, this amendment super- is critical for economically disadvan- putting our ports at a disadvantage, re- sedes the Democrats’ supposed flagship taged communities across our country to not only recover from, but prevent, sulting in our consumers paying higher environmental regulatory law, NEPA— prices for those goods that are being unbelievable. destructive and deadly floods. One of these areas is the Pajaro Val- shipped. Currently, the Army Corps of Engi- In regards to ecological restoration ley in my district on the central coast neers is doing exactly what Congress in my home State of Louisiana, we lost of California, an area where flooding intended it to do under NEPA with re- 2,000 square miles of our coastal wet- has consistently hit it for the past 25 gard to the proposed Pebble Mine lands, had billions of dollars in restora- years and caused millions of dollars of project. It is analyzing the environ- tion projects authorized, and none of damage to the surrounding agriculture mental and socioeconomic con- them are moving forward—not even crops. But it has also displaced hun- sequences of the proposed mine. starting, in most cases. A wonderful adage is good process dreds and hundreds of residents, many We have hurricane and flood protec- builds good policy, builds good politics. of whom work in those fields. tion projects. I don’t have to remind That is why this bill is very impor- We ought to embrace that. And if we anyone here. Hurricanes Irma, Maria, tant, because it can provide important really want to put our nose in other Michael, Florence; North Carolina, funding for projects that protect the places, maybe what we ought to do, as South Carolina, Georgia, Florida, people who need it the most, for busi- I challenge my good friend from Cali- Texas, Louisiana, Puerto Rico, the Vir- nesses that need it the most, in my fornia, is, instead of focusing on this gin Islands. These places were pounded. community and in communities all project, to look at his State in his own People died because of the lack of resil- across this country. district. Maybe he ought to be focusing ience, the lack of these projects being Madam Chair, I urge my colleagues on the illegal marijuana farms in his carried out. district that are using pesticides and to support this funding bill, and I Lastly, Madam Chair, my home State polluting local waters and damaging thank Chairwoman KAPTUR for this of Louisiana, going back to 2005, I national forests and our plants. time. heard a little while ago somebody talk- Ms. KAPTUR. Madam Chair, I yield This is something that is pertinent ing about Hurricane Katrina. What back the balance of my time. to Alaska, to the Member from Alaska. people don’t realize or don’t under- The Tribes have been consulted. It is AMENDMENT NO. 91 OFFERED BY MR. GRAVES OF stand, the project that was designed to LOUISIANA just that the one Tribe that he is talk- stop that flooding, that devastation, The Acting CHAIR. It is now in order ing about, no process followed. But the the loss of 1,200 to 1,500 of my brothers, to consider amendment No. 91 printed people closest to this that are most in- sisters, friends, relatives, neighbors, in part A of House Report 116–111. volved have been for this mine. They fellow Louisianians, that project was Mr. GRAVES. Madam Chair, I have want good process, and I oppose the authorized, dates back to the 1970s, and an amendment at the desk. amendment. it wasn’t finished. It wasn’t finished in The Acting CHAIR. The Clerk will Mr. SIMPSON. I yield back the bal- 2005. designate the amendment. ance of my time. I am not asking to move the cord. I The text of the amendment is as fol- The Acting CHAIR. The question is am asking to look at how to improve, lows: on the amendment offered by the gen- how to modify this. Let’s look at a bet- tleman from California (Mr. HUFFMAN). In division E, strike section 106. ter result to where we are not spending The question was taken; and the Act- The Acting CHAIR. Pursuant to as we have in recent years, $1.7 trillion ing Chair announced that the ayes ap- House Resolution 436, the gentleman responding to countless disasters peared to have it. from Louisiana (Mr. GRAVES) and a across this country that have cost our Mr. GOSAR. Madam Chair, I demand Member opposed each will control 5 Nation over $1 billion a pop. a recorded vote. minutes. Madam Chair, I reserve the balance The Acting CHAIR. Pursuant to The Chair recognizes the gentleman of my time. clause 6 of rule XVIII, further pro- from Louisiana. Ms. KAPTUR. Madam Chair, I claim ceedings on the amendment offered by Mr. GRAVES of Louisiana. Madam the time in opposition to the amend- the gentleman from California will be Chair, I appreciate the opportunity to ment. postponed. bring up this amendment today. The Acting CHAIR. The gentlewoman Ms. KAPTUR. Madam Chair, as the This amendment is pretty simple. In from Ohio is recognized for 5 minutes. designee of Chairwoman LOWEY, I move division E, section 106 has a provision Ms. KAPTUR. Madam Chair, I rise in to strike the last word. that says that no funds in this act or strong opposition to this amendment.

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.112 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4749 I share the gentleman’s frustration, a budget that slashes and burns the Mr. GRAVES of Louisiana. Madam but I would like to say that I think the Corps’ budget. And it is the Energy and Chairwoman, I just heard comments answer is that so many projects within Water Development and Related Agen- from folks saying that Congress needs the Corps have never had the infra- cies Subcommittee that won’t let them to step in. The Transportation Com- structure funding that they have need- do that and keeps putting money back mittee should look at this and act, and ed to move forward, and our bill does into it. perhaps propose reorganization legisla- provide a leap forward in that direc- Last year, the Office of Management tion or studies, and other things. And I tion. and Budget issued a plan for reorga- hate to bring this up, but Congress did I think it is an understatement to nization of the Federal agencies that just that. say that the Army Corps today has its included moving the Civil Works pro- Let me say it again. Congress did hands full, and I don’t think we need to gram from the Army Corps of Engi- just that. Section 1102 of the Water Re- add any confusion by trying to tinker neers to multiple other agencies. Yet, sources Development Act of 2018, which around breaking up agencies and so very few details were provided to Con- you both supported, included language forth at this moment. gress. Congress was not consulted, and which actually says that the National no statutory changes were enacted. b 2100 Academies of Sciences, Engineering, Yet, some in the administration took and Medicine, and the Corps of Engi- Section 106 of the underlying bill was steps to try to begin implementing the neers should enter into an agreement included in the bill after the adminis- reorganization proposal. to look at more efficient delivery of tration proposed breaking up the Army In response, that is why the language Corps of Engineers’ projects. Corps and transferring parts of it— was put in last year’s act, and that is This amendment doesn’t move the arms, legs, heads—to other Federal why it is in this year’s act. I will tell Corps of Engineers out. What it does is, agencies. the gentleman that we have had this it says, clearly, there is a problem. And I don’t really think that is in the Na- discussion many times with General if the problem is Congress and the tion’s interest. That plan was met with Semonite, and he is a go-get-’em guy. funding, then that is what the study wide bipartisan opposition from both When he is given a mission, he will do will determine. Let them go. Let them sides of the Capitol. Such a plan would whatever it takes to get that mission do the analysis, just like we did on a require a plan to authorize that pro- accomplished. I like what he is doing. bipartisan basis. posal, but of course, the administration I wouldn’t want to go with OMB in Congresswoman Esty and I offered never presented Congress with draft saying we are going to reorganize the the amendment. It was unanimously legislation. Corps and not know exactly what they accepted. It passed in this House twice, Nevertheless, the administration are going to do and have Congress have and it is law today. That is all I am no input. But I appreciate the passion doubled down on its shortsighted and asking for. I am baffled that folks are that the gentleman has for this, and I misguided plan and was set to begin afraid of information, perhaps better understand his frustration. And I think planning efforts until Congress stepped ideas, on how to deliver these projects. in last fall. The fiscal year 2019 Energy that it is better placed on the Trans- I understand that people have their portation Committee in seeing if there and Water Development bill authored perception of where the problems are. are some reorganizations that can be by my colleagues from across the aisle, Madam Chairwoman, if I bring any- done within the Corps and done legisla- included this same provision which en- thing to this Chamber, I have spent joyed bipartisan, bicameral support. tively that make sense. I urge my colleagues to oppose this more time working on Corps of Engi- The Corps is responsible for the man- neers projects than anybody else and, agement of complex, multipurpose amendment. Ms. KAPTUR. Madam Chairwoman, I in fact, I am going to go so far as to projects, some vast, requiring expertise would like to thank the gentleman for say than everybody else in this Cham- in many areas. Instead of trying to those remarks and to say that I share ber combined. break up and fragment the agency’s re- his deep concern about the way that I would be happy to throw the stats sponsibilities, I would suggest that the OMB, in particular, has a tennis match out. This is what I used to do. I used to administration focus on how it can with Congress when it comes to the work with the Corps of Engineers on a make the Corps successful in its cur- Army Corps of Engineers. daily basis doing billions and billions rent organizational structure, includ- There is not a more important infra- of dollars’ worth of projects. ing deferring to the technical judgment structure agency at this moment in This is a flawed process. We routinely of the Corps instead of the constant in- our country than the Army Corps. The were able to build projects that the terference from OMB bureaucrats who administration said it was going to Corps of Engineers designed for one- have never laid a foundation, nor oper- come forward with an infrastructure half to one-third the cost. Madam ated spillways along the Mississippi or bill. Well, if they can’t do whatever Chairwoman, what that does is, it al- the Missouri, and so many other re- they are calling an infrastructure bill, lows it to build double or triple the sponsibilities that the Corps holds this is the infrastructure bill for this amount of projects for the same cost. across this country. country at this time. If we need to get this backlog broken The Army Corps literally holds the The needs are enormous. I can’t then, certainly, that is an efficiency lives and communities of the American imagine. We have 8 divisions and 38 dis- that we can bring to the table. Why are people in its jurisdiction. Let them do tricts. I want to thank every single in- people afraid of information? This sta- their job. And if they are listening, dividual out there sworn to protect and tus quo is not working. I shudder to they are cheering around this country. defend the American people who work think about what everyone is going to I strongly oppose this amendment for the Army Corps of Engineers and do and say next time we have a cata- and urge my colleagues to do the same give their lives to this profession strophic disaster in an area where thing. across this country. there is a Corps of Engineers project I yield to the gentleman from Idaho General Semonite is a great patriot, that sat there for decades. (Mr. SIMPSON). and as were his predecessors. It has a This is a flawed process. The status Mr. SIMPSON. Madam Chair, I thank long history, and we really need to quo has failed. I urge adoption of the the gentlewoman for yielding, and I ap- have more attention devoted to Corps amendment, and I yield back the bal- preciate my friend from Louisiana’s funding by various administrations ance of my time. passion on this issue. that sit over there in the executive The Acting CHAIR (Ms. SHALALA). Saying that the Corps has $100 billion branch and underfund these projects The question is on the amendment of- backlog, it is not really the Corps’ around the country. That is why Lou- fered by the gentleman from Louisiana fault for that. It is our fault in that we isiana had so much trouble and that is (Mr. GRAVES). haven’t appropriated money. And if why other places in the country have The question was taken; and the Act- you look back through the years, the so much trouble. ing Chair announced that the noes ap- Bush administration, the Obama ad- So I do not support the gentleman’s peared to have it. ministration, and, currently, the amendment. I urge opposition, and I Mr. ROY. Madam Chair, I demand a Trump administration, always propose yield back the balance of my time. recorded vote.

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.115 H18JNPT1 H4750 CONGRESSIONAL RECORD — HOUSE June 18, 2019 The Acting CHAIR. Pursuant to This department helps to invent the fu- b 2115 clause 6 of rule XVIII, further pro- ture and helps America be more secure. My amendment reflects the values of ceedings on the amendment offered by Every one of us has some sense of what the RSC budget and is a necessary first the gentleman from Louisiana will be is happening with cyberattacks in our step toward eventually achieving a bal- postponed. energy systems. anced budget. Over the weekend, a major retailer, AMENDMENT NO. 97 OFFERED BY MR. BANKS Madam Chair, I will continue to Target, for whatever reason, all the The Acting CHAIR. It is now in order come back to this floor and offer this cash registers went dead around the to consider amendment No. 97 printed amendment time and time again be- country. Was it just a satellite prob- in part A of House Report 116–111. cause I refuse to condemn my daugh- lem? Was it an attack by a foreign ag- Mr. BANKS. I have an amendment at ters to a less prosperous America than gressor? I simply don’t know. But I the desk. the one that every Member of this The Acting CHAIR. The Clerk will know this department isn’t a place where we should be cutting. Chamber has been blessed to know. designate the amendment. Climate change, whether one wishes Madam Chair, I yield back the bal- The text of the amendment is as fol- to admit it or not, is going to require ance of my time. lows: a change in our way of life. This de- Ms. KAPTUR. Madam Chair, I urge At the end of division E (before the short partment is essential to help us move opposition to this amendment, and I title), insert the following: in that direction in a very organized yield back the balance of my time. SEC. l. Each amount made available in di- manner. Every penny counts and every The Acting CHAIR. The question is vision E, except those amounts made avail- on the amendment offered by the gen- able to the Department of Defense, is hereby step we take to help the American peo- tleman from Indiana (Mr. BANKS). reduced by 14 percent. ple be more secure is needed. This bill funds critical water re- The question was taken; and the Act- The Acting CHAIR. Pursuant to source projects and supports science ing Chair announced that the noes ap- House Resolution 436, the gentleman and energy technology. It helps our peared to have it. from Indiana (Mr. BANKS) and a Mem- businesses be more competitive. It Mr. ROY. Madam Chair, I demand a ber opposed each will control 5 min- funds a credible nuclear deterrent recorded vote. utes. where we have commitments and also The Acting CHAIR. Pursuant to The Chair recognizes the gentleman nonproliferation, which is important clause 6 of rule XVIII, further pro- from Indiana. not just to our country, but to the ceedings on the amendment offered by Mr. BANKS. Madam Chairwoman, in world. the gentleman from Indiana will be total, the Energy and Water Develop- I think the gentleman’s amendment postponed. ment division cost the American tax- will actually harm all of these fronts The Chair understands that amend- payers $46.4 billion. and reduce protections against what ment No. 103 will not be offered. That is a 4 percent increase above the the American people are facing from Ms. KAPTUR. Madam Chair, I move fiscal year 2019-enacted level. Specifi- coast to coast right now. that the Committee do now rise. cally, the division includes $23.3 billion I think that the gentleman’s objec- The motion was agreed to. for nondefense activities, which is an tives on balancing the budget are cor- Accordingly, the Committee rose; increase of $1.1 billion above the fiscal rect, but I don’t think it should be and the Speaker pro tempore (Ms. year 2019-enacted level. taken out of the hide of these pro- DEGETTE) having assumed the chair, My amendment would apply a 14 per- grams. There are other ways to do Ms. SHALALA, Acting Chair of the Com- cent reduction across the board to the that—some of the giveaways to the bil- mittee of the Whole House on the state nondefense activities included in this lionaire class in this country who have of the Union, reported that that Com- division. Without it, we are on track had the privilege of living a good life mittee, having had under consideration toward sequestration, which would and earning a great deal of money in the bill (H.R. 2740) making appropria- have devastating effects on our na- this country. Everybody has got to tions for the Departments of Labor, tional security. pitch in. But I don’t think where we Health and Human Services, and Edu- This amendment is necessary because are inventing the future and helping cation, and related agencies for the fis- we are at a $22 trillion national debt. the American people become more se- cal year ending September 30, 2020, and That is trillion, with a T. Even before cure in our way of life is the place to for other purposes, had come to no res- my friends across the aisle offered this hack away. olution thereon. I urge a continued investment in reckless spending package, the Con- f gressional Budget Office estimated these areas for purposes of our national that we were on track to spend $1 tril- security and to remain a global leader REQUEST TO CONSIDER H.R. 3056, lion on interest payments in 2029. That in energy, water, and science. I urge BORDER CRISIS SUPPLEMENTAL means one-fifth of the entire budget my colleagues to join me in opposing APPROPRIATIONS ACT, 2019 would go to paying off previous years this amendment. Mr. ROY. Madam Speaker, I ask of irresponsible spending. I reserve the balance of my time. unanimous consent to consider a meas- Mr. BANKS. Madam Chairwoman, I Madam Chairwoman, we simply can- ure that I would like to speak about for was proud this year to lead the Repub- not continue down this path. We must 1 minute. lican Study Committee’s effort in cre- balance our books before writing new The SPEAKER pro tempore. Under ating and drafting our own budget as checks for this fiscal year. guidelines consistently issued by suc- part of the Budget and Spending Task I reserve the balance of my time. cessive Speakers, as recorded in sec- Force. Ms. KAPTUR. Madam Chairwoman, I I gathered together with several of tion 956 of the House Rules and Man- rise in opposition to this amendment. my colleagues, coming from different ual, the Chair is constrained not to en- The Acting Chair. The gentlewoman States and different views, and we tertain the request unless it has been from Ohio is recognized for 5 Minutes. worked tirelessly for months to cleared by the bipartisan floor and Ms. KAPTUR. Madam Chairwoman, I produce a budget that would cut waste- committee leaderships. rise in opposition to this amendment ful government spending by $12.6 tril- Mr. ROY. Madam Speaker, to be because really, it takes us backwards. lion over a 6-year time period. clear, my request was to call up H.R. The gentleman is from Indiana. I am This is not just the only budget of- 3056, a measure to make sure we have from Ohio. I think both of us have seen fered in this body that balances. It is the funding necessary to end the border individuals that we represent go off to the only budget that has been offered security crisis that the President and war. How many wars have we gotten at all. The fact that my friends on the his Office of Management and Budget into over the issue of oil and the oil other side of the aisle refuse to even sent to the Congress. It is Mr. ROGERS supply of the globe? offer a budget shows a stunning lack of from Alabama’s bill. The Department of Energy has been leadership. The SPEAKER pro tempore. As the inventing the future to a point where This is my third amendment to cut Chair has noted, under guidelines con- now, we are 90 percent self-sufficient across the board 14 percent in each of sistently issued by successive Speak- inside the boundaries of this country. the divisions of these minibuses. ers, as recorded in section 956 of the

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.118 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4751 House Rules and Manual, the Chair is Kelly (IL) Napolitano Slotkin b 2148 constrained not to entertain the re- Kelly (PA) Neal Smith (MO) Kennedy Neguse Smith (NE) Messrs. MEADOWS, WILLIAMS, quest unless it has been cleared by the Khanna Newhouse Smith (NJ) BANKS, and Mrs. ROBY changed their bipartisan floor and committee leader- Kildee Norcross Smith (WA) vote from ‘‘yea’’ to ‘‘nay.’’ ships. Kilmer Nunes Smucker Messrs. CUELLAR, LIPINSKI, DUN- Kim O’Halleran Soto f Kind Ocasio-Cortez Spanberger CAN, TONKO, and GRIFFITH changed King (NY) Olson Spano their vote from ‘‘nay’’ to ‘‘yea.’’ EMPOWERING BENEFICIARIES, EN- Kinzinger Omar Speier So (two-thirds being in the affirma- SURING ACCESS, AND Kirkpatrick Palazzo Stanton tive) the rules were suspended and the Krishnamoorthi Pallone Stauber STRENGTHENING ACCOUNT- Kuster (NH) Panetta Stefanik bill, as amended, was passed. ABILITY ACT OF 2019 Kustoff (TN) Pappas Steil The result of the vote was announced The SPEAKER pro tempore. Pursu- LaMalfa Pascrell Stevens as above recorded. Lamb Payne Stewart ant to clause 8 of rule XX, the unfin- A motion to reconsider was laid on Langevin Pence Stivers the table. ished business is the vote on the mo- Larsen (WA) Perlmutter Suozzi tion to suspend the rules and pass the Larson (CT) Perry Swalwell (CA) f bill (H.R. 3253) to provide for certain Latta Peters Takano extensions with respect to the Med- Lawrence Peterson Taylor CONGRESSIONAL WOMEN’S Lawson (FL) Phillips Thompson (CA) SOFTBALL GAME icaid program under title XIX of the Lee (CA) Pingree Thompson (MS) Social Security Act, and for other pur- Lee (NV) Pocan Thompson (PA) (Ms. WASSERMAN SCHULTZ asked poses, as amended, on which the yeas Levin (CA) Porter Thornberry and was given permission to address and nays were ordered. Levin (MI) Posey Timmons the House for 1 minute.) Lewis Pressley Tipton Ms. WASSERMAN SCHULTZ. The Clerk read the title of the bill. Lieu, Ted Price (NC) Titus The SPEAKER pro tempore. The Lipinski Quigley Tlaib Madam Speaker, in the beginning of question is on the motion offered by Loebsack Raskin Tonko the 116th Congress, we elected more the gentlewoman from Michigan (Mrs. Lofgren Reed Torres (CA) than 80 new Members; and so, in order Long Reschenthaler Torres Small DINGELL) that the House suspend the to welcome you to the 116th Congress, Lowenthal Rice (NY) (NM) rules and pass the bill, as amended. Lowey Richmond Trahan the women of the Congressional Wom- The vote was taken by electronic de- Lucas Riggleman Trone en’s Softball team want to make sure vice, and there were—yeas 371, nays 46, Luetkemeyer Rodgers (WA) Turner that everyone knows that the game is not voting 15, as follows: Luja´ n Roe, David P. Underwood finally here. Luria Rogers (AL) Upton The 11th Annual Congressional Wom- [Roll No. 333] Lynch Rogers (KY) Van Drew YEAS—371 Malinowski Rose (NY) Vargas en’s Softball Game is tomorrow night Rouda Veasey at 7 p.m. It is at Watkins Recreation Adams Cole Fulcher Maloney, Aguilar Collins (GA) Gabbard Carolyn B. Roybal-Allard Vela Center, 420 12th Street, Southeast. Allred Collins (NY) Gallagher Maloney, Sean Ruiz Vela´ zquez The reason I refer to the 80-plus new Amodei Comer Garamendi Marchant Ruppersberger Visclosky Members is that many of you may not Armstrong Conaway Garcı´a (IL) Marshall Rush Wagner Axne Connolly Garcia (TX) Mast Rutherford Walberg know that we began playing this game Bacon Cook Gianforte Matsui Ryan Walden 11 years ago, after I made an announce- Baird Cooper Gibbs McAdams Sa´ nchez Walker ment, a public announcement that I Balderson Correa Golden McBath Sarbanes Walorski had been through breast cancer at 41 Barr Costa Gomez McCarthy Scalise Wasserman Barraga´ n Courtney Gonzalez (OH) McCollum Scanlon Schultz years old. I was diagnosed, at 41 after Bass Cox (CA) Gonzalez (TX) McEachin Schakowsky Waters doing a self-exam in the shower. Beatty Craig Gottheimer McGovern Schiff Watkins One day I was the picture of health; Bera Crawford Granger McHenry Schneider Watson Coleman the next day I was a cancer patient. Bergman Crenshaw Graves (LA) McKinley Schrader Webster (FL) Beyer Crist And, subsequently found that I was Graves (MO) McNerney Schrier Welch Bilirakis Crow Green (TX) Meeks Schweikert Wenstrup also BRCA2 positive, meaning that I Bishop (GA) Cuellar Griffith Meng Scott (VA) Wexton had a genetic mutation that made it Bishop (UT) Cummings Grijalva Blumenauer Cunningham Guest Meuser Scott, Austin Wild infinitely more likely that I would Blunt Rochester Davids (KS) Guthrie Miller Scott, David Wilson (FL) have a recurrence, and that I would Bonamici Davis (CA) Haaland Mitchell Sensenbrenner Wilson (SC) very likely get ovarian cancer at some Bost Davis, Danny K. Hagedorn Moolenaar Serrano Wittman Boyle, Brendan Davis, Rodney Harder (CA) Mooney (WV) Sewell (AL) Womack point. F. Dean Hartzler Moore Shalala Woodall So, after a year, 15 months really, of Brady DeFazio Hayes Morelle Sherman Yarmuth hell, and seven surgeries, not sharing it Brindisi DeGette Heck Mucarsel-Powell Sherrill Young until I was all the way through the Brooks (IN) DelBene Hern, Kevin Mullin Shimkus Zeldin Brown (MD) Delgado Higgins (LA) Murphy Simpson other side, I shared my story. Brownley (CA) Demings Higgins (NY) Nadler Sires We introduced the EARLY Act, the Buchanan DeSaulnier Hill (AR) Education and Awareness Requires Bucshon DesJarlais Hill (CA) NAYS—46 Burgess Deutch Himes Learning Young Act, which has been Bustos Diaz-Balart Hollingsworth Aderholt Gooden Meadows law since 2010, which is a law that now Butterfield Dingell Horn, Kendra S. Allen Gosar Norman raises awareness in young women, an Calvert Doyle, Michael Horsford Amash Graves (GA) Palmer education and awareness campaign Carbajal F. Houlahan Babin Green (TN) Ratcliffe Ca´ rdenas Duffy Hoyer Banks Grothman Rice (SC) that has been funded every year with $5 Carson (IN) Duncan Hudson Biggs Harris Roby million, to make sure that we can help Carter (GA) Dunn Huffman Brooks (AL) Hice (GA) Rooney (FL) young women be aware of their breast Carter (TX) Emmer Huizenga Buck Jordan Rose, John W. Cartwright Engel Hunter health. Budd Kelly (MS) Rouzer So many young women work for us Case Escobar Hurd (TX) Burchett King (IA) Roy Casten (IL) Eshoo Jackson Lee Byrne Lamborn Steube on our staffs. We have a team that we Castor (FL) Espaillat Jayapal Cline Lesko Weber (TX) play against, the common adversary of Castro (TX) Estes Jeffries Cloud Loudermilk Williams Chabot Evans Johnson (GA) all of us, the press corps, the female Davidson (OH) Massie Wright Cheney Ferguson Johnson (LA) press corps, and they generally are Chu, Judy Finkenauer Johnson (OH) Foxx (NC) McCaul much younger. Cicilline Fitzpatrick Johnson (SD) Gohmert McClintock Cisneros Fleischmann Johnson (TX) So, Madam Speaker, we raise money Clark (MA) Fletcher Joyce (OH) NOT VOTING—15 for the Young Survival Coalition at Clarke (NY) Flores Joyce (PA) Abraham Gaetz LaHood this game. It is an organization that Clay Fortenberry Kaptur Arrington Gallego Moulton helps young women who deal with the Cleaver Foster Katko Curtis Hastings Waltz Clyburn Frankel Keating challenges that they face when they DeLauro Herrera Beutler Westerman Cohen Fudge Keller have breast cancer. Doggett Holding Yoho

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.121 H18JNPT1 H4752 CONGRESSIONAL RECORD — HOUSE June 18, 2019 We encourage you all to come out AMENDMENT NO. 87 OFFERED BY MR. GROTHMAN Delgado Larsen (WA) Roybal-Allard and cheer on Team Congress so we can The Acting CHAIR. The unfinished Demings Larson (CT) Ruiz DeSaulnier Lawrence Ruppersberger beat the press and beat cancer. business is the demand for a recorded Deutch Lawson (FL) Rush I am a founding cocaptain of the Con- vote on the amendment offered by the Diaz-Balart Lee (CA) Rutherford gressional Women’s Softball team. Jo gentleman from Wisconsin (Mr. Dingell Lee (NV) Ryan Doyle, Michael Levin (CA) Sablan Ann Emerson, our former Republican GROTHMAN) on which further pro- F. Levin (MI) San Nicolas colleague, was my cocaptain. ceedings were postponed and on which Emmer Lewis Sa´ nchez MARTHA ROBY is one of our cocap- the noes prevailed by voice vote. Engel Lieu, Ted Sarbanes tains this year and, unfortunately, la- Escobar Lipinski Scanlon The Clerk will redesignate the Eshoo Loebsack dies, the only Republican currently amendment. Schakowsky Espaillat Lofgren Schiff playing on the House side. So there is The Clerk redesignated the amend- Evans Lowenthal Schneider always next year. ment. Finkenauer Lowey Schrader Fitzpatrick Luetkemeyer Schrier But I would like to turn over the po- RECORDED VOTE Fleischmann Luja´ n Scott (VA) dium, briefly, to my cocaptain, MAR- Fletcher Luria The Acting CHAIR. A recorded vote Scott, David Fortenberry Lynch THA ROBY. I encourage everyone to Serrano has been demanded. Foster Malinowski wear pink, and come out and cheer on Sewell (AL) A recorded vote was ordered. Frankel Maloney, Team Congress tomorrow. The Acting CHAIR. This will be a 2- Fudge Carolyn B. Shalala Mrs. ROBY. Just very quickly, I just Gabbard Maloney, Sean Sherman minute vote. Sherrill want to say please, please, please come Gallagher Marshall The vote was taken by electronic de- Gallego Matsui Simpson out and support this event. Go Con- vice, and there were—ayes 131, noes 292, Garamendi McAdams Sires gress. Beat the press. Beat cancer. Garcı´a (IL) McBath Slotkin not voting 15, as follows: Smith (NJ) f Garcia (TX) McCaul [Roll No. 334] Golden McCollum Smith (WA) DEPARTMENTS OF LABOR, AYES—131 Gomez McEachin Soto Gonzalez (OH) McGovern Spanberger HEALTH AND HUMAN SERVICES, Allen Gosar Mullin Gonzalez (TX) McKinley Spano Amash Graves (GA) AND EDUCATION, AND RELATED Norman Gonza´ lez-Colo´ n McNerney Speier Amodei Graves (LA) AGENCIES APPROPRIATIONS Nunes (PR) Meadows Stanton Arrington Graves (MO) Olson Gottheimer Meeks Stauber ACT, 2020 Babin Green (TN) Palazzo Granger Meng Stefanik Bacon Griffith The SPEAKER pro tempore. Pursu- Palmer Green (TX) Moore Stevens Balderson Grothman Perry Grijalva Morelle Stivers ant to House Resolution 431 and rule Banks Guthrie Posey Guest Mucarsel-Powell Suozzi XVIII, the Chair declares the House in Bergman Harris Ratcliffe Haaland Murphy Swalwell (CA) Biggs Hartzler the Committee of the Whole House on Rice (SC) Hagedorn Nadler Takano Bilirakis Hern, Kevin Riggleman Harder (CA) Napolitano the state of the Union for the further Bishop (UT) Hice (GA) Thompson (CA) Rodgers (WA) Hayes Neal consideration of the bill, H.R. 2740. Bost Higgins (LA) Thompson (MS) Roe, David P. Heck Neguse Brady Hill (AR) Thompson (PA) Will the gentleman from Nevada (Mr. Rogers (AL) Higgins (NY) Newhouse Brooks (AL) Hudson Thornberry HORSFORD) kindly resume the chair. Rose, John W. Hill (CA) Norcross Buchanan Huizenga Titus Rouzer Himes Norton Buck Hunter Tlaib b 2155 Roy Hollingsworth O’Halleran Bucshon Johnson (LA) Tonko Scalise Horn, Kendra S. Ocasio-Cortez IN THE COMMITTEE OF THE WHOLE Budd Johnson (OH) Torres (CA) Schweikert Horsford Omar Burgess Johnson (SD) Torres Small Accordingly, the House resolved Scott, Austin Houlahan Pallone Byrne Jordan (NM) itself into the Committee of the Whole Hoyer Panetta Carter (GA) Joyce (PA) Sensenbrenner Trahan Huffman Pappas House on the state of the Union for the Chabot Keller Shimkus Trone Hurd (TX) Pascrell Cline Kelly (MS) Smith (MO) Turner further consideration of the bill (H.R. Jackson Lee Payne Cloud Kelly (PA) Smith (NE) Underwood 2740) making appropriations for the De- Jayapal Pence Collins (GA) King (IA) Smucker Van Drew Jeffries Perlmutter partments of Labor, Health and Human Comer Kustoff (TN) Steil Vargas Johnson (GA) Peters Services, and Education, and related Conaway LaMalfa Steube Johnson (TX) Peterson Veasey Cook Lamborn Stewart agencies for the fiscal year ending Sep- Joyce (OH) Phillips Vela Crawford Latta Taylor ´ tember 30, 2020, and for other purposes, Kaptur Pingree Velazquez Davidson (OH) Lesko Timmons Katko Plaskett Visclosky with Mr. HORSFORD, (Acting Chair) in DesJarlais Long Tipton Keating Pocan Wagner Duffy Loudermilk Upton the chair. Kelly (IL) Porter Walden Duncan Lucas Walberg The Clerk read the title of the bill. Kennedy Pressley Walorski Dunn Massie Walker Khanna Price (NC) Wasserman The Acting CHAIR. When the Com- Estes Mast Watkins Kildee Quigley Schultz mittee of the Whole rose on Thursday, Ferguson McCarthy Weber (TX) Kilmer Raskin Waters Flores McClintock Webster (FL) June 13, 2019, a request for a recorded Kim Reed Watson Coleman Foxx (NC) McHenry Wenstrup vote on amendment No. 98 printed in Kind Reschenthaler Welch Fulcher Meuser Williams King (NY) Rice (NY) Wexton part B of House Report 116–109 offered Gianforte Miller Wilson (SC) Kinzinger Richmond Wild Gibbs Mitchell Wittman by the gentleman from Indiana (Mr. Kirkpatrick Roby Wilson (FL) Gohmert Moolenaar Woodall BANKS) had been postponed. Krishnamoorthi Rogers (KY) Womack Gooden Mooney (WV) Zeldin ANNOUNCEMENT BY THE ACTING CHAIR Kuster (NH) Rooney (FL) Wright NOES—292 Lamb Rose (NY) Yarmuth The Acting CHAIR. Pursuant to Langevin Rouda Young clause 6 of rule XVIII, proceedings will Adams Burchett Cole Aderholt Bustos Collins (NY) NOT VOTING—15 now resume on those amendments Aguilar Butterfield Connolly printed in part B of House Report 116– Abraham Hastings Moulton Allred Calvert Cooper Curtis Herrera Beutler Radewagen 109 on which further proceedings were Armstrong Carbajal Correa DeLauro Holding Waltz ´ postponed, in the following order: Axne Cardenas Costa Doggett LaHood Westerman Baird Carson (IN) Courtney Gaetz Marchant Yoho Amendment No. 87 by Mr. GROTHMAN Barr Carter (TX) Cox (CA) of Wisconsin. Barraga´ n Cartwright Craig ANNOUNCEMENT BY THE ACTING CHAIR Amendment No. 89 by Mr. WALKER of Bass Case Crenshaw The Acting CHAIR (Ms. DEGETTE) North Carolina. Beatty Casten (IL) Crist Bera Castor (FL) Crow (during the vote). There is 1 minute re- Amendment No. 91 by Mr. PALMER of Beyer Castro (TX) Cuellar maining. Alabama. Bishop (GA) Cheney Cummings b 2154 Amendment No. 94 by Mr. ARRINGTON Blumenauer Chu, Judy Cunningham Blunt Rochester Cicilline Davids (KS) So the amendment was rejected. of Texas. Bonamici Cisneros Davis (CA) Amendment No. 98 by Mr. BANKS of Boyle, Brendan Clark (MA) Davis, Danny K. The result of the vote was announced Indiana. F. Clarke (NY) Davis, Rodney as above recorded. The Chair will reduce to 2 minutes Brindisi Clay Dean AMENDMENT NO. 89 OFFERED BY MR. WALKER Brooks (IN) Cleaver DeFazio the time for any electronic vote in this Brown (MD) Clyburn DeGette The Acting CHAIR. The unfinished series. Brownley (CA) Cohen DelBene business is the demand for a recorded

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.123 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4753 vote on the amendment offered by the Gallagher Lowey Ryan postponed and on which the noes pre- Gallego Lucas Sablan gentleman from North Carolina (Mr. Garamendi Luja´ n San Nicolas vailed by voice vote. WALKER) on which further proceedings Garcı´a (IL) Luria Sa´ nchez The Clerk will redesignate the were postponed and on which the ayes Garcia (TX) Lynch Sarbanes amendment. prevailed by voice vote. Golden Malinowski Scanlon Gomez Maloney, Schakowsky The Clerk redesignated the amend- The Clerk will redesignate the Gonzalez (OH) Carolyn B. Schiff ment. amendment. Gonzalez (TX) Maloney, Sean Schneider RECORDED VOTE The Clerk redesignated the amend- Gonza´ lez-Colo´ n Marshall Schrader (PR) Mast Schrier The Acting CHAIR. A recorded vote ment. Gottheimer Matsui Scott (VA) has been demanded. RECORDED VOTE Granger McAdams Scott, David A recorded vote was ordered. Graves (LA) McBath Serrano The Acting CHAIR. A recorded vote Green (TX) McCarthy Sewell (AL) The Acting CHAIR. This will be a 2- has been demanded. Grijalva McCaul Shalala minute vote. A recorded vote was ordered. Guest McCollum Sherman The vote was taken by electronic de- Haaland McEachin Sherrill The Acting CHAIR. This will be a 2- Hagedorn McGovern Simpson vice, and there were—ayes 184, noes 241, minute vote. Harder (CA) McHenry Sires not voting 13, as follows: The vote was taken by electronic de- Hartzler McKinley Slotkin Hayes McNerney Smith (NJ) [Roll No. 336] vice, and there were—ayes 110, noes 315, Heck Meeks Smith (WA) AYES—184 not voting 13, as follows: Higgins (NY) Meng Smucker Aderholt Gooden Newhouse Hill (AR) Meuser Soto [Roll No. 335] Allen Gosar Norman Hill (CA) Mitchell Spanberger Amash Granger Nunes Himes Moolenaar Spano AYES—110 Amodei Graves (GA) Hollingsworth Moore Speier Olson Allen Gosar Nunes Armstrong Graves (LA) Horn, Kendra S. Morelle Stanton Palazzo Amash Graves (GA) Olson Arrington Graves (MO) Horsford Mucarsel-Powell Stauber Palmer Amodei Graves (MO) Palazzo Babin Green (TN) Houlahan Murphy Stefanik Pence Arrington Green (TN) Palmer Bacon Griffith Hoyer Nadler Steil Perry Babin Griffith Baird Grothman Perry Huffman Napolitano Stevens Posey Bacon Grothman Balderson Guest Posey Hunter Neal Stewart Ratcliffe Baird Guthrie Banks Guthrie Ratcliffe Hurd (TX) Neguse Stivers Reed Balderson Harris Barr Hagedorn Rice (SC) Jackson Lee Newhouse Suozzi Reschenthaler Banks Hern, Kevin Bergman Harris Riggleman Jayapal Norcross Swalwell (CA) Rice (SC) Biggs Hice (GA) Biggs Hartzler Roe, David P. Jeffries Norton Takano Riggleman Bishop (UT) Higgins (LA) Bilirakis Hern, Kevin Rogers (AL) Johnson (GA) O’Halleran Thompson (CA) Roby Brady Hudson Bishop (UT) Hice (GA) Rose, John W. Johnson (TX) Ocasio-Cortez Thompson (MS) Rodgers (WA) Brooks (AL) Huizenga Bost Higgins (LA) Rouzer Joyce (OH) Omar Thornberry Roe, David P. Buck Johnson (LA) Brady Hill (AR) Roy Kaptur Pallone Timmons Rogers (AL) Bucshon Johnson (OH) Brooks (AL) Hollingsworth Scalise Katko Panetta Tipton Rogers (KY) Budd Johnson (SD) Brooks (IN) Hudson Schweikert Keating Pappas Titus Rose, John W. Burgess Jordan Buck Huizenga Scott, Austin Kelly (IL) Pascrell Tlaib Rouzer Byrne Joyce (PA) Bucshon Hunter Sensenbrenner Kennedy Payne Tonko Roy Carter (GA) Keller Budd Hurd (TX) Shimkus Khanna Pence Torres (CA) Rutherford Chabot Kelly (MS) Burchett Johnson (LA) Smith (MO) Kildee Perlmutter Torres Small Scalise Cline Kelly (PA) Burgess Johnson (OH) Smith (NE) Kilmer Peters (NM) Schweikert Cloud King (IA) Byrne Johnson (SD) Kim Peterson Trahan Scott, Austin Collins (GA) Kustoff (TN) Steube Calvert Jordan Kind Phillips Trone Sensenbrenner Comer Lamborn Taylor Carter (GA) Joyce (OH) King (NY) Pingree Turner Shimkus Conaway Latta Thompson (PA) Carter (TX) Joyce (PA) Kinzinger Plaskett Underwood Simpson Davidson (OH) Lesko Walberg Chabot Katko Kirkpatrick Pocan Upton Smith (MO) DesJarlais Long Walker Cheney Keller Krishnamoorthi Porter Van Drew Duncan Loudermilk Watkins Cline Kelly (MS) Smith (NE) Kuster (NH) Pressley Vargas Estes Luetkemeyer Weber (TX) Cloud Kelly (PA) Smith (NJ) LaHood Price (NC) Veasey Ferguson Marchant Webster (FL) Cole King (IA) Smucker LaMalfa Quigley Vela Flores Massie Wenstrup Collins (GA) King (NY) Spano Lamb Raskin Vela´ zquez Foxx (NC) McClintock Williams Collins (NY) Kinzinger Stauber Langevin Reed Visclosky Fulcher Meadows Wilson (SC) Comer Kustoff (TN) Steil Larsen (WA) Reschenthaler Wagner Gianforte Miller Wittman Conaway LaHood Steube Larson (CT) Rice (NY) Walden Gibbs Mooney (WV) Woodall Cook LaMalfa Stewart Lawrence Richmond Walorski Gohmert Mullin Wright Crawford Lamborn Taylor Lawson (FL) Roby Wasserman Gooden Norman Young Crenshaw Latta Thompson (PA) Lee (CA) Rodgers (WA) Schultz Davidson (OH) Lesko Thornberry Lee (NV) Rogers (KY) Waters NOES—315 Davis, Rodney Long Timmons Levin (CA) Rooney (FL) Watson Coleman DesJarlais Loudermilk Tipton Adams Carter (TX) Davids (KS) Levin (MI) Rose (NY) Welch Duffy Lucas Turner Aderholt Cartwright Davis (CA) Lewis Rouda Wexton Duncan Luetkemeyer Wagner Aguilar Case Davis, Danny K. Lieu, Ted Roybal-Allard Wild Dunn Marchant Walberg Allred Casten (IL) Davis, Rodney Lipinski Ruiz Wilson (FL) Emmer Marshall Walden Armstrong Castor (FL) Dean Loebsack Ruppersberger Womack Estes Massie Walker Axne Castro (TX) DeFazio Lofgren Rush Yarmuth Ferguson Mast Walorski Barr Cheney DeGette Lowenthal Rutherford Zeldin Barraga´ n Chu, Judy DelBene Fleischmann McCarthy Watkins Bass Cicilline Delgado NOT VOTING—13 Flores McCaul Weber (TX) Fortenberry McClintock Webster (FL) Beatty Cisneros Demings Abraham Hastings Waltz Bera Clark (MA) DeSaulnier Foxx (NC) McHenry Wenstrup Curtis Herrera Beutler Westerman Bergman Clarke (NY) Deutch Fulcher McKinley Williams DeLauro Holding Yoho Beyer Clay Diaz-Balart Gallagher Meadows Wilson (SC) Doggett Moulton Gianforte Meuser Wittman Bilirakis Cleaver Dingell Gaetz Radewagen Bishop (GA) Clyburn Doyle, Michael Gibbs Miller Womack Blumenauer Cohen F. ANNOUNCEMENT BY THE ACTING CHAIR Gohmert Mitchell Woodall Blunt Rochester Cole Duffy Gonzalez (OH) Moolenaar Wright Bonamici Collins (NY) Dunn The Acting CHAIR (during the vote). Gonza´ lez-Colo´ n Mooney (WV) Young Bost Connolly Emmer There is 1 minute remaining. (PR) Mullin Zeldin Boyle, Brendan Cook Engel F. Cooper Escobar b 2202 NOES—241 Brindisi Correa Eshoo So the amendment was rejected. Adams Bonamici Cartwright Brooks (IN) Costa Espaillat Aguilar Boyle, Brendan Case Brown (MD) Courtney Evans The result of the vote was announced Allred F. Casten (IL) Brownley (CA) Cox (CA) Finkenauer as above recorded. Axne Brindisi Castor (FL) Buchanan Craig Fitzpatrick Barraga´ n Brown (MD) Castro (TX) AMENDMENT NO. 91 OFFERED BY MR. PALMER Burchett Crawford Fleischmann Bass Brownley (CA) Chu, Judy Bustos Crenshaw Fletcher The Acting CHAIR. The unfinished Beatty Buchanan Cicilline Butterfield Crist Fortenberry business is the demand for a recorded Bera Bustos Cisneros Calvert Crow Foster vote on the amendment offered by the Beyer Butterfield Clark (MA) Carbajal Cuellar Frankel Bishop (GA) Carbajal Clarke (NY) Ca´ rdenas Cummings Fudge gentleman from Alabama (Mr. PALMER) Blumenauer Ca´ rdenas Clay Carson (IN) Cunningham Gabbard on which further proceedings were Blunt Rochester Carson (IN) Cleaver

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.126 H18JNPT1 H4754 CONGRESSIONAL RECORD — HOUSE June 18, 2019 Clyburn Kelly (IL) Price (NC) The Clerk redesignated the amend- DeSaulnier Larson (CT) Roybal-Allard Cohen Kennedy Quigley ment. Deutch Lawrence Ruiz Connolly Khanna Raskin Dingell Lawson (FL) Ruppersberger Cooper Kildee Rice (NY) RECORDED VOTE Doyle, Michael Lee (CA) Rush Correa Kilmer Richmond The Acting CHAIR. A recorded vote F. Lee (NV) Ryan Costa Kim Rooney (FL) Engel Levin (CA) Sablan Courtney Kind Rose (NY) has been demanded. Escobar Levin (MI) San Nicolas Cox (CA) Kirkpatrick Rouda A recorded vote was ordered. Eshoo Lewis Sa´ nchez Craig Krishnamoorthi Roybal-Allard Espaillat Lieu, Ted The Acting CHAIR. This will be a 2- Sarbanes Crist Kuster (NH) Ruiz Evans Lipinski Scanlon Crow Lamb Ruppersberger Finkenauer Loebsack minute vote. Schakowsky Cuellar Langevin Rush Fitzpatrick Lofgren The vote was taken by electronic de- Schiff Cummings Larsen (WA) Ryan Fletcher Lowenthal Schneider Cunningham Larson (CT) Sablan vice, and there were—ayes 174, noes 251, Fortenberry Lowey Schrader Davids (KS) Lawrence San Nicolas not voting 13, as follows: Foster Luja´ n ´ Schrier Davis (CA) Lawson (FL) Sanchez [Roll No. 337] Frankel Luria Davis, Danny K. Lee (CA) Sarbanes Fudge Lynch Scott (VA) Dean Lee (NV) Scanlon AYES—174 Gabbard Malinowski Scott, David DeFazio Levin (CA) Schakowsky Gallego Maloney, Serrano Aderholt Gonza´ lez-Colo´ n Newhouse DeGette Levin (MI) Schiff Garamendi Carolyn B. Sewell (AL) Allen (PR) Norman DelBene Lewis Schneider Garcı´a (IL) Maloney, Sean Shalala Amash Gooden Nunes Delgado Lieu, Ted Schrader Garcia (TX) Matsui Sherman Amodei Gosar Olson Demings Lipinski Schrier Golden McAdams Sherrill Granger DeSaulnier Loebsack Scott (VA) Armstrong Palazzo Gomez McBath Sires Graves (GA) Deutch Lofgren Scott, David Arrington Palmer Gonzalez (OH) McCollum Slotkin Graves (LA) Diaz-Balart Lowenthal Serrano Babin Pence Gonzalez (TX) McEachin Smith (NJ) Graves (MO) Dingell Lowey Sewell (AL) Baird Perry Gottheimer McGovern Smith (WA) Green (TN) Doyle, Michael Luja´ n Shalala Balderson Posey Green (TX) McNerney Soto Griffith F. Luria Sherman Banks Ratcliffe Grijalva Meeks Spanberger Grothman Engel Lynch Sherrill Barr Reschenthaler Haaland Meng Guest Speier Escobar Malinowski Sires Bergman Rice (SC) Harder (CA) Moore Guthrie Stanton Eshoo Maloney, Slotkin Biggs Riggleman Hayes Morelle Hagedorn Stefanik Espaillat Carolyn B. Smith (WA) Bilirakis Roby Heck Mucarsel-Powell Harris Stevens Evans Maloney, Sean Soto Bishop (UT) Rodgers (WA) Higgins (NY) Murphy Hartzler Stivers Finkenauer Matsui Spanberger Bost Roe, David P. Hill (CA) Nadler Hern, Kevin Suozzi Fitzpatrick McAdams Speier Brady Rogers (AL) Himes Napolitano Hice (GA) Swalwell (CA) Fletcher McBath Stanton Brooks (AL) Rogers (KY) Hollingsworth Neal Higgins (LA) Takano Foster McCollum Stefanik Buchanan Rose, John W. Horn, Kendra S. Neguse Hill (AR) Thompson (CA) Frankel McEachin Stevens Buck Rouzer Horsford Norcross Hudson Thompson (MS) Fudge McGovern Stivers Bucshon Roy Houlahan Norton Huizenga Titus Gabbard McNerney Suozzi Budd Rutherford Hoyer O’Halleran Hunter Tlaib Gallego Meeks Swalwell (CA) Burchett Scalise Huffman Ocasio-Cortez Johnson (LA) Tonko Garamendi Meng Takano Burgess Schweikert Hurd (TX) Omar Johnson (OH) Torres (CA) Garcı´a (IL) Moore Thompson (CA) Byrne Scott, Austin Jackson Lee Pallone Johnson (SD) Torres Small Garcia (TX) Morelle Thompson (MS) Calvert Sensenbrenner Jayapal Panetta Jordan (NM) Golden Mucarsel-Powell Titus Carter (GA) Shimkus Jeffries Pappas Joyce (OH) Trahan Gomez Murphy Tlaib Carter (TX) Simpson Johnson (GA) Pascrell Joyce (PA) Trone Gonzalez (TX) Nadler Tonko Chabot Smith (MO) Johnson (TX) Payne Keller Underwood Gottheimer Napolitano Torres (CA) Kaptur Perlmutter Cheney Kelly (MS) Smith (NE) Green (TX) Neal Torres Small Katko Peters Upton Cline Kelly (PA) Smucker Grijalva Neguse (NM) Keating Peterson Van Drew Cloud King (IA) Spano Haaland Norcross Trahan Kelly (IL) Phillips Vargas Cole Kustoff (TN) Stauber Harder (CA) Norton Trone Kennedy Pingree Veasey Collins (GA) LaHood Steil Hayes O’Halleran Underwood Khanna Plaskett Vela Collins (NY) LaMalfa Steube Heck Ocasio-Cortez Upton Kildee Pocan Vela´ zquez Comer Lamborn Stewart Higgins (NY) Omar Van Drew Kilmer Porter Visclosky Conaway Latta Taylor Hill (CA) Pallone Vargas Kim Pressley Wasserman Cook Lesko Thompson (PA) Himes Panetta Veasey Kind Price (NC) Schultz Crawford Long Thornberry Horn, Kendra S. Pappas Vela King (NY) Quigley Waters Crenshaw Loudermilk Timmons Horsford Pascrell Vela´ zquez Kinzinger Raskin Watson Coleman Davidson (OH) Lucas Tipton Houlahan Payne Visclosky Kirkpatrick Reed Welch Davis, Rodney Luetkemeyer Turner Hoyer Perlmutter Wasserman Krishnamoorthi Rice (NY) Wexton DesJarlais Marchant Wagner Huffman Peters Schultz Kuster (NH) Richmond Wild Diaz-Balart Marshall Walberg Jackson Lee Peterson Waters Lamb Rooney (FL) Wilson (FL) Duffy Massie Walden Jayapal Phillips Watson Coleman Langevin Rose (NY) Yarmuth Duncan Mast Walker Jeffries Pingree Welch Larsen (WA) Rouda Zeldin Dunn McCarthy Walorski Johnson (GA) Plaskett Wexton Emmer McCaul Watkins Johnson (TX) Pocan Wild NOT VOTING—13 Estes McClintock Weber (TX) Kaptur Porter Wilson (FL) Ferguson McHenry Webster (FL) Abraham Hastings Waltz Keating Pressley Yarmuth Fleischmann McKinley Wenstrup Curtis Herrera Beutler Westerman NOT VOTING—13 Flores Meadows Williams DeLauro Holding Yoho Foxx (NC) Meuser Wilson (SC) Doggett Moulton Abraham Hastings Waltz Fulcher Miller Wittman Gaetz Radewagen Curtis Herrera Beutler Westerman Gallagher Mitchell Womack DeLauro Holding ANNOUNCEMENT BY THE ACTING CHAIR Yoho Gianforte Moolenaar Woodall Doggett Moulton Gibbs Mooney (WV) Wright The Acting CHAIR (during the vote). Gaetz Radewagen Gohmert Mullin Young There is 1 minute remaining. ANNOUNCEMENT BY THE ACTING CHAIR NOES—251 The Acting CHAIR (during the vote). b 2209 There is 1 minute remaining. Adams Bustos Cooper Aguilar Butterfield Correa So the amendment was rejected. b 2205 Allred Carbajal Costa The result of the vote was announced Axne Ca´ rdenas Courtney as above recorded. So the amendment was rejected. Bacon Carson (IN) Cox (CA) The result of the vote was announced Barraga´ n Cartwright Craig AMENDMENT NO. 98 OFFERED BY MR. BANKS as above recorded. Bass Case Crist The Acting CHAIR. The unfinished Beatty Casten (IL) Crow business is the demand for a recorded AMENDMENT NO. 94 OFFERED BY MR. ARRINGTON Bera Castor (FL) Cuellar The Acting CHAIR. The unfinished Beyer Castro (TX) Cummings vote on the amendment offered by the business is the demand for a recorded Bishop (GA) Chu, Judy Cunningham gentleman from Indiana (Mr. BANKS) vote on the amendment offered by the Blumenauer Cicilline Davids (KS) on which further proceedings were Blunt Rochester Cisneros Davis (CA) gentleman from Texas (Mr. ARRINGTON) Bonamici Clark (MA) Davis, Danny K. postponed and on which the noes pre- on which further proceedings were Boyle, Brendan Clarke (NY) Dean vailed by voice vote. postponed and on which the noes pre- F. Clay DeFazio The Clerk will redesignate the Brindisi Cleaver DeGette amendment. vailed by voice vote. Brooks (IN) Clyburn DelBene The Clerk will redesignate the Brown (MD) Cohen Delgado The Clerk redesignated the amend- amendment. Brownley (CA) Connolly Demings ment.

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.080 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4755 RECORDED VOTE Hoyer McGovern Schrader DEPARTMENTS OF LABOR, Huffman McKinley Schrier The Acting CHAIR. A recorded vote Hurd (TX) McNerney Scott (VA) HEALTH AND HUMAN SERVICES, has been demanded. Jackson Lee Meeks Scott, David AND EDUCATION, AND RELATED A recorded vote was ordered. Jayapal Meng Serrano AGENCIES APPROPRIATIONS Jeffries Meuser Sewell (AL) ACT, 2020 The Acting CHAIR. This will be a 2- Johnson (GA) Moore Shalala minute vote. Johnson (TX) Morelle Sherman The SPEAKER pro tempore. Pursu- The vote was taken by electronic de- Joyce (OH) Mucarsel-Powell Sherrill ant to House Resolution 436 and rule Kaptur Murphy Simpson vice, and there were—ayes 123, noes 303, Katko Nadler Sires XVIII, the Chair declares the House in not voting 12, as follows: Keating Napolitano Slotkin the Committee of the Whole House on [Roll No. 338] Keller Neal Smith (NJ) the state of the Union for the further Kelly (IL) Neguse Smith (WA) consideration of the bill, H.R. 2740. AYES—123 Kennedy Newhouse Soto Khanna Norcross Spanberger Will the gentlewoman from Colorado Allen Gibbs Mullin Kildee Norton Spano (Ms. DEGETTE) kindly take the chair. Amash Gohmert Norman Kilmer O’Halleran Speier Amodei Gooden Nunes Kim Ocasio-Cortez Stanton b 2215 Arrington Gosar Olson Kind Omar Stauber Babin Graves (GA) Palazzo IN THE COMMITTEE OF THE WHOLE King (NY) Pallone Stefanik Bacon Graves (LA) Palmer Kinzinger Panetta Stevens Accordingly, the House resolved Baird Graves (MO) Perry Kirkpatrick Pappas Stivers itself into the Committee of the Whole Balderson Green (TN) Posey Krishnamoorthi Pascrell Suozzi Banks Griffith Ratcliffe House on the state of the Union for the Kuster (NH) Payne Swalwell (CA) Bergman Grothman Rice (SC) further consideration of the bill (H.R. LaHood Pence Takano Biggs Guthrie Riggleman Lamb Perlmutter Thompson (CA) 2740) making appropriations for the De- Bilirakis Harris Roe, David P. Langevin Peters Thompson (MS) Bishop (UT) Hern, Kevin Rogers (AL) partments of Labor, Health and Human Larsen (WA) Peterson Thompson (PA) Brady Hice (GA) Rose, John W. Services, and Education, and related Larson (CT) Phillips Thornberry Brooks (AL) Higgins (LA) Rouzer Lawrence Pingree Tipton agencies for the fiscal year ending Sep- Brooks (IN) Hudson Roy Lawson (FL) Plaskett Titus tember 30, 2020, and for other purposes, Buck Huizenga Scalise Lee (CA) Pocan Tlaib Bucshon Hunter Schweikert with Ms. DEGETTE (Acting Chair) in Lee (NV) Porter Tonko Budd Johnson (LA) Scott, Austin the chair. Levin (CA) Pressley Torres (CA) Burchett Johnson (OH) Sensenbrenner Levin (MI) Price (NC) Torres Small The Clerk read the title of the bill. Burgess Johnson (SD) Shimkus Lewis Quigley (NM) The Acting CHAIR. When the Com- Byrne Jordan Smith (MO) Lieu, Ted Raskin Trahan Carter (GA) Joyce (PA) Smith (NE) mittee of the Whole rose earlier today, Lipinski Reed Trone Carter (TX) Kelly (MS) Smucker a request for a recorded vote on amend- Loebsack Reschenthaler Turner Chabot Kelly (PA) Steil Lofgren Rice (NY) Underwood ment No. 97 printed in part A of House Cline King (IA) Steube Lowenthal Richmond Upton Cloud Kustoff (TN) Stewart Report 116–111 offered by the gen- Lowey Roby Van Drew Collins (GA) LaMalfa Taylor tleman from Indiana (Mr. BANKS) had Lucas Rodgers (WA) Vargas Comer Lamborn Timmons Luetkemeyer Rogers (KY) Veasey been postponed. Conaway Latta Walberg Luja´ n Rooney (FL) Vela ANNOUNCEMENT BY THE ACTING CHAIR Cook Lesko Walker Luria Rose (NY) Vela´ zquez Crawford Long Walorski The Acting CHAIR. Pursuant to Lynch Rouda Visclosky Davidson (OH) Loudermilk Watkins Malinowski Roybal-Allard Wagner clause 6 of rule XVIII, proceedings will DesJarlais Massie Weber (TX) Maloney, Ruiz Walden now resume on those amendments Duffy McClintock Webster (FL) Carolyn B. Ruppersberger Wasserman Duncan McHenry Wenstrup printed in part A of House Report 116– Maloney, Sean Rush Schultz Estes Meadows Williams 111 on which further proceedings were Marchant Rutherford Waters Ferguson Miller Wilson (SC) Marshall Ryan Watson Coleman postponed, in the following order: Flores Mitchell Wittman Mast Sablan Welch Amendments en bloc No. 1 by Mrs. Fulcher Moolenaar Woodall Matsui San Nicolas Wexton Gianforte Mooney (WV) Wright LOWEY of New York. McAdams Sa´ nchez Wild Amendment No. 2 by Mr. ALLEN of NOES—303 McBath Sarbanes Wilson (FL) McCarthy Scanlon Womack Georgia. Adams Cleaver Evans McCaul Schakowsky Yarmuth Amendments en bloc No. 2 by Mr. Aderholt Clyburn Finkenauer McCollum Schiff Young VISCLOSKY of Indiana. Aguilar Cohen Fitzpatrick McEachin Schneider Zeldin Allred Cole Fleischmann Amendment No. 13 by Mr. LANGEVIN Armstrong Collins (NY) Fletcher NOT VOTING—12 of Rhode Island. Axne Connolly Fortenberry Abraham Hastings Radewagen Amendment No. 15 by Mr. LANGEVIN Barr Cooper Foster Curtis Herrera Beutler Waltz of Rhode Island. Barraga´ n Correa Foxx (NC) DeLauro Holding Westerman Amendment No. 21 by Mr. BROWN of Bass Costa Frankel Gaetz Moulton Yoho Beatty Courtney Fudge Maryland. Bera Cox (CA) Gabbard ANNOUNCEMENT BY THE ACTING CHAIR Amendment No. 24 by Mr. AMASH of Beyer Craig Gallagher Michigan. Bishop (GA) Crenshaw Gallego The Acting CHAIR (during the vote). Blumenauer Crist Garamendi There is 1 minute remaining. Amendment No. 34 by Ms. KUSTER of Blunt Rochester Crow Garcı´a (IL) New Hampshire. Bonamici Cuellar Garcia (TX) b 2212 Amendment No. 38 by Mr. VISCLOSKY Bost Cummings Golden of Indiana. Boyle, Brendan Cunningham Gomez So the amendment was rejected. Amendment No. 40 by Mr. VISCLOSKY F. Davids (KS) Gonzalez (OH) The result of the vote was announced of Indiana. Brindisi Davis (CA) Gonzalez (TX) as above recorded. Brown (MD) Davis, Danny K. Gonza´ lez-Colo´ n Amendment No. 44 by Mr. TED LIEU The Acting CHAIR. Under the rule, Brownley (CA) Davis, Rodney (PR) of California. Buchanan Dean Gottheimer the Committee rises. Amendment No. 45 by Mr. GALLA- Bustos DeFazio Granger Accordingly, the Committee rose; Butterfield DeGette Green (TX) GHER of Wisconsin. Calvert DelBene Grijalva and the Speaker pro tempore (Mr. Amendment No. 47 by Mr. GALLA- Carbajal Delgado Guest HORSFORD) having assumed the chair, GHER of Wisconsin. ´ Cardenas Demings Haaland Ms. DEGETTE, Acting Chair of the Com- Amendment No. 50 by Ms. BLUNT Carson (IN) DeSaulnier Hagedorn mittee of the Whole House on the state Cartwright Deutch Harder (CA) ROCHESTER of Delaware. Case Diaz-Balart Hartzler of the Union, reported that that Com- Amendment No. 51 by Ms. JAYAPAL of Casten (IL) Dingell Hayes mittee, having had under consideration Washington. Castor (FL) Doggett Heck the bill (H.R. 2740) making appropria- Amendment No. 59 by Mr. CROW of Castro (TX) Doyle, Michael Higgins (NY) Cheney F. Hill (AR) tions for the Departments of Labor, Colorado. Chu, Judy Dunn Hill (CA) Health and Human Services, and Edu- Amendment No. 61 by Mr. COX of Cicilline Emmer Himes cation, and related agencies for the fis- California. Cisneros Engel Hollingsworth cal year ending September 30, 2020, and The Chair will reduce to 2 minutes Clark (MA) Escobar Horn, Kendra S. Clarke (NY) Eshoo Horsford for other purposes, had come to no res- the time for any electronic vote after Clay Espaillat Houlahan olution thereon. the first vote in this series.

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AMENDMENTS EN BLOC NO. 1 OFFERED BY MRS. Porter Scott, David Tonko AMENDMENT NO. 2 OFFERED BY MR. ALLEN LOWEY OF NEW YORK Pressley Sensenbrenner Torres (CA) Price (NC) Serrano Torres Small The Acting CHAIR. The unfinished The Acting CHAIR. The unfinished Quigley Sewell (AL) (NM) business is the demand for a recorded business is the demand for a recorded Raskin Shalala Trahan vote on the amendment offered by the vote on amendments en bloc offered by Reed Sherman Trone gentleman from Georgia (Mr. ALLEN) Reschenthaler Sherrill Turner the gentlewoman from New York (Mrs. Rice (NY) Shimkus Underwood on which further proceedings were LOWEY) on which further proceedings Richmond Sires Upton postponed and on which the noes pre- were postponed and on which the ayes Roe, David P. Slotkin Van Drew vailed by voice vote. prevailed by voice vote. Rogers (AL) Smith (NJ) Vargas Rouda Smith (WA) Veasey The Clerk will redesignate the The Clerk will redesignate the Roybal-Allard Soto Vela amendment. amendments en bloc. Ruiz Speier Vela´ zquez The Clerk redesignated the amend- The Clerk redesignated the amend- Ruppersberger Stanton Visclosky ment. Rush Stauber Wagner ments en bloc. Ryan Stefanik Walberg RECORDED VOTE RECORDED VOTE Sablan Steil Walorski The Acting CHAIR. A recorded vote The Acting CHAIR. A recorded vote San Nicolas Stevens Wasserman Sa´ nchez Stivers Schultz has been demanded. has been demanded. Sarbanes Suozzi Waters A recorded vote was ordered. A recorded vote was ordered. Scanlon Swalwell (CA) Watson Coleman The Acting CHAIR. This will be a 2- The Acting CHAIR. This will be a 2- Schakowsky Takano Welch minute vote. Schiff Thompson (CA) Wenstrup minute vote. Schneider Thompson (MS) Wexton The vote was taken by electronic de- The vote was taken by electronic de- Schrader Thompson (PA) Wild vice, and there were—ayes 134, noes 293, vice, and there were—ayes 283, noes 144, Schrier Titus Wilson (FL) not voting 11, as follows: Scott (VA) Tlaib Yarmuth not voting 11, as follows: [Roll No. 340] [Roll No. 339] NOES—144 AYES—134 AYES—283 Aderholt Gosar Nunes Allen Gooden Norman Adams DesJarlais Kim Allen Granger Olson Amash Gosar Nunes Aguilar Deutch Kind Amash Graves (GA) Palazzo Amodei Graves (GA) Olson Allred Dingell Kinzinger Arrington Graves (MO) Palmer Arrington Graves (LA) Palazzo Amodei Doggett Kirkpatrick Babin Green (TN) Perry Babin Graves (MO) Palmer Armstrong Doyle, Michael Krishnamoorthi Bacon Griffith Posey Bacon Griffith Perry Axne F. Kuster (NH) Banks Guest Ratcliffe Balderson Grothman Posey Baird Engel LaHood Barr Guthrie Rice (SC) Banks Guest Ratcliffe Balderson Escobar Lamb Biggs Harris Riggleman Bergman Guthrie Rice (SC) Bishop (UT) Hartzler Barraga´ n Eshoo Langevin Roby Biggs Harris Riggleman Brady Hern, Kevin Bass Espaillat Larsen (WA) Rodgers (WA) Bilirakis Hartzler Rodgers (WA) Brooks (AL) Hice (GA) Beatty Estes Larson (CT) Rogers (KY) Bishop (UT) Hern, Kevin Roe, David P. Buchanan Higgins (LA) Bera Evans Latta Rooney (FL) Bost Hice (GA) Rogers (AL) Buck Hollingsworth Bergman Finkenauer Lawrence Rose (NY) Brady Higgins (LA) Rouzer Bucshon Hudson Brooks (AL) Hill (AR) Beyer Fitzpatrick Lawson (FL) Rose, John W. Roy Budd Huizenga Brooks (IN) Hudson Bilirakis Fleischmann Lee (CA) Rouzer Scalise Burchett Johnson (LA) Buchanan Huizenga Bishop (GA) Fletcher Lee (NV) Roy Schweikert Blumenauer Flores Levin (CA) Burgess Johnson (OH) Buck Hunter Rutherford Scott, Austin Blunt Rochester Foster Levin (MI) Byrne Johnson (SD) Bucshon Johnson (LA) Scalise Sensenbrenner Bonamici Frankel Lewis Calvert Jordan Budd Johnson (OH) Schweikert Shimkus Bost Fudge Lieu, Ted Carter (GA) Joyce (PA) Burchett Johnson (SD) Scott, Austin Smith (MO) Boyle, Brendan Gabbard Lipinski Carter (TX) Kelly (MS) Burgess Jordan Smith (NE) F. Gallagher Loebsack Chabot King (IA) Simpson Byrne Joyce (PA) Smucker Brindisi Gallego Lofgren Cheney King (NY) Smith (MO) Carter (GA) Keller Spano Brooks (IN) Garamendi Lowenthal Cline Kustoff (TN) Smith (NE) Chabot Kelly (MS) Steube Brown (MD) Garcı´a (IL) Lowey Cloud LaMalfa Smucker Cline Kelly (PA) Stewart Brownley (CA) Garcia (TX) Luja´ n Cole Lamborn Spanberger Cloud King (IA) Bustos Gianforte Luria Collins (GA) Lesko Spano Collins (GA) Kustoff (TN) Taylor Butterfield Golden Lynch Collins (NY) Long Steube Comer LaMalfa Timmons Carbajal Gomez Malinowski Conaway Loudermilk Stewart Conaway Lamborn Upton Ca´ rdenas Gonzalez (OH) Maloney, Cook Lucas Taylor Cook Latta Wagner Carson (IN) Gonzalez (TX) Carolyn B. Crawford Luetkemeyer Thornberry Cooper Lesko Walberg Cartwright Gottheimer Maloney, Sean Crenshaw Marchant Timmons Crawford Long Walker Case Graves (LA) Matsui Davidson (OH) Marshall Tipton Crenshaw Loudermilk Walorski Davis, Rodney Massie Casten (IL) Green (TX) McBath Walden DesJarlais Lucas Watkins Diaz-Balart Mast Weber (TX) Castor (FL) Grijalva McCollum Walker Duffy Marchant Duffy McAdams Webster (FL) Castro (TX) Grothman McEachin Watkins Duncan Massie Duncan McCarthy Wenstrup Chu, Judy Haaland McGovern Weber (TX) Dunn McCarthy Dunn McCaul Estes McClintock Westerman Cicilline Hagedorn McNerney Webster (FL) Emmer McClintock Ferguson McHenry Williams Cisneros Harder (CA) Meeks Westerman Ferguson McHenry Flores Miller Wilson (SC) Clark (MA) Hayes Meng Williams Clarke (NY) Heck Fortenberry McKinley Foxx (NC) Mitchell Wittman Mitchell Wilson (SC) Clay Higgins (NY) Moolenaar Foxx (NC) Meadows Fulcher Moolenaar Woodall Wittman Cleaver Hill (AR) Moore Fulcher Meuser Gibbs Mooney (WV) Wright Womack Clyburn Hill (CA) Morelle Gibbs Miller Gohmert Mullin Zeldin Woodall Cohen Himes Mucarsel-Powell Gohmert Mooney (WV) ´ Comer Horn, Kendra S. Murphy Gonza´ lez-Colon Mullin Wright NOES—293 Connolly Horsford Nadler (PR) Newhouse Young Adams Bustos Cole Cooper Houlahan Napolitano Gooden Norman Zeldin Aderholt Butterfield Collins (NY) Correa Hoyer Neal Aguilar Calvert Connolly Costa Huffman Neguse NOT VOTING—11 Allred Carbajal Correa Courtney Hunter Norcross Abraham Hastings Radewagen Armstrong Ca´ rdenas Costa Cox (CA) Hurd (TX) Norton Curtis Herrera Beutler Waltz Axne Carson (IN) Courtney Craig Jackson Lee O’Halleran DeLauro Holding Yoho Baird Carter (TX) Cox (CA) Crist Jayapal Ocasio-Cortez Gaetz Moulton Barr Cartwright Craig Crow Jeffries Omar Barraga´ n Case Crist Cuellar Johnson (GA) Pallone ANNOUNCEMENT BY THE ACTING CHAIR Bass Casten (IL) Crow Cummings Johnson (TX) Panetta Beatty Castor (FL) Cuellar Cunningham Joyce (OH) Pappas The Acting CHAIR (during the vote). Bera Castro (TX) Cummings Davids (KS) Kaptur Pascrell There is 1 minute remaining. Beyer Cheney Cunningham Davis (CA) Katko Payne Bishop (GA) Chu, Judy Davids (KS) Davis, Danny K. Keating Pence Blumenauer Cicilline Davidson (OH) Dean Keller Perlmutter b 2218 Blunt Rochester Cisneros Davis (CA) DeFazio Kelly (IL) Peters Bonamici Clark (MA) Davis, Danny K. DeGette Kelly (PA) Peterson So the en bloc amendments were Boyle, Brendan Clarke (NY) Davis, Rodney DelBene Kennedy Phillips agreed to. F. Clay Dean Delgado Khanna Pingree Brindisi Cleaver DeFazio Demings Kildee Plaskett The result of the vote was announced Brown (MD) Clyburn DeGette DeSaulnier Kilmer Pocan as above recorded. Brownley (CA) Cohen DelBene

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.134 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4757 Delgado Lamb Rooney (FL) vote on amendments en bloc offered by Luja´ n Porter Stanton Demings Langevin Rose (NY) Luria Pressley Stauber IS DeSaulnier Larsen (WA) Rose, John W. the gentleman from Indiana (Mr. V - Lynch Price (NC) Stefanik Deutch Larson (CT) Rouda CLOSKY) on which further proceedings Malinowski Quigley Steil Diaz-Balart Lawrence Roybal-Allard were postponed and on which the ayes Maloney, Raskin Stevens Dingell Lawson (FL) Ruiz prevailed by voice vote. Carolyn B. Reed Stewart Doggett Lee (CA) Ruppersberger Maloney, Sean Reschenthaler Stivers Doyle, Michael Lee (NV) Rush The Clerk will redesignate the Marshall Rice (NY) Suozzi F. Levin (CA) Rutherford amendments en bloc. Mast Rice (SC) Swalwell (CA) Emmer Levin (MI) Ryan The Clerk redesignated the amend- Matsui Richmond Takano Engel Lewis Sablan ments en bloc. McAdams Riggleman Taylor Escobar Lieu, Ted San Nicolas McBath Roby Thompson (CA) Eshoo Lipinski Sa´ nchez RECORDED VOTE McCarthy Rodgers (WA) Thompson (MS) Espaillat Loebsack Sarbanes The Acting CHAIR. A recorded vote McCaul Roe, David P. Thompson (PA) Evans Lofgren McCollum Rogers (AL) Thornberry Scanlon has been demanded. Finkenauer Lowenthal Schakowsky McEachin Rogers (KY) Timmons Fitzpatrick Lowey Schiff A recorded vote was ordered. McGovern Rouda Tipton Fleischmann Luetkemeyer Schneider The Acting CHAIR. This will be a 2- McHenry Rouzer Titus ´ Fletcher Lujan Schrader minute vote. McKinley Roybal-Allard Tlaib Fortenberry Luria Schrier McNerney Ruiz Tonko Foster Lynch Scott (VA) The vote was taken by electronic de- Meeks Ruppersberger Torres (CA) Frankel Malinowski Scott, David vice, and there were—ayes 381, noes 46, Meng Rush Torres Small Fudge Maloney, Serrano not voting 11, as follows: Meuser Rutherford (NM) Gabbard Carolyn B. Miller Ryan Trahan Sewell (AL) [Roll No. 341] Gallagher Maloney, Sean Shalala Mitchell Sablan Trone Gallego Marshall Sherman AYES—381 Moolenaar San Nicolas Turner ´ Garamendi Mast Sherrill Mooney (WV) Sanchez Underwood ´ Adams Crenshaw Hartzler Garcıa (IL) Matsui Simpson Moore Sarbanes Upton Garcia (TX) McAdams Aderholt Crist Hayes Morelle Scalise Van Drew Sires Aguilar Crow Heck Gianforte McBath Slotkin Mucarsel-Powell Scanlon Vargas Golden McCaul Allen Cuellar Higgins (NY) Smith (NJ) Mullin Schakowsky Veasey Gomez McCollum Allred Cummings Hill (AR) Murphy Schiff Vela Smith (WA) Gonzalez (OH) McEachin Amodei Cunningham Hill (CA) Nadler Schneider Vela´ zquez Soto Gonzalez (TX) McGovern Armstrong Davids (KS) Himes Napolitano Schrader Visclosky Spanberger Gonza´ lez-Colo´ n McKinley Axne Davis (CA) Hollingsworth Neal Schrier Wagner Speier (PR) McNerney Bacon Davis, Danny K. Horn, Kendra S. Neguse Schweikert Walberg Stanton Gottheimer Meadows Baird Davis, Rodney Horsford Newhouse Scott (VA) Walden Stauber Granger Meeks Balderson Dean Houlahan Norcross Scott, Austin Walker Stefanik Green (TN) Meng Banks DeFazio Hoyer Norton Scott, David Walorski Steil Green (TX) Meuser Barr DeGette Hudson Nunes Serrano Wasserman Stevens Grijalva Moore Barraga´ n DelBene Huffman O’Halleran Sewell (AL) Schultz Stivers Haaland Morelle Bass Delgado Huizenga Palazzo Shalala Waters Hagedorn Mucarsel-Powell Suozzi Beatty Demings Hunter Pallone Sherman Watkins Harder (CA) Murphy Swalwell (CA) Bera DeSaulnier Hurd (TX) Palmer Sherrill Watson Coleman Hayes Nadler Takano Bergman DesJarlais Jackson Lee Panetta Shimkus Welch Heck Napolitano Thompson (CA) Beyer Deutch Jayapal Pappas Simpson Wenstrup Higgins (NY) Neal Thompson (MS) Bilirakis Diaz-Balart Jeffries Pascrell Sires Westerman Hill (CA) Neguse Thompson (PA) Bishop (GA) Dingell Johnson (GA) Payne Slotkin Wexton Himes Newhouse Thornberry Blumenauer Doggett Johnson (LA) Pence Smith (MO) Wild Hollingsworth Norcross Tipton Blunt Rochester Doyle, Michael Johnson (OH) Perlmutter Smith (NJ) Wilson (FL) Horn, Kendra S. Norton Titus Bonamici F. Johnson (SD) Peters Smith (WA) Wittman Horsford O’Halleran Tlaib Bost Duffy Johnson (TX) Peterson Smucker Womack Houlahan Ocasio-Cortez Tonko Boyle, Brendan Dunn Joyce (OH) Phillips Soto Woodall Hoyer Omar Torres (CA) F. Emmer Joyce (PA) Pingree Spanberger Yarmuth Huffman Pallone Torres Small Brady Engel Kaptur Plaskett Spano Young Hurd (TX) Panetta (NM) Brindisi Escobar Katko Pocan Speier Zeldin Jackson Lee Pappas Trahan Brooks (AL) Eshoo Keating Jayapal Pascrell Trone Brooks (IN) Espaillat Keller NOES—46 Jeffries Payne Turner Brown (MD) Estes Kelly (IL) Amash Gosar Posey Brownley (CA) Evans Kelly (MS) Johnson (GA) Pence Underwood Arrington Griffith Ratcliffe Buchanan Finkenauer Kelly (PA) Johnson (TX) Perlmutter Van Drew Babin Harris Rooney (FL) Vargas Bucshon Fitzpatrick Kennedy Joyce (OH) Peters Biggs Hern, Kevin Rose (NY) Veasey Bustos Fleischmann Khanna Kaptur Peterson Bishop (UT) Hice (GA) Rose, John W. Vela Butterfield Fletcher Kildee Katko Phillips Buck Higgins (LA) Roy Keating Pingree Vela´ zquez Calvert Flores Kilmer Budd Jordan Sensenbrenner Kelly (IL) Plaskett Visclosky Carbajal Fortenberry Kim Burchett Marchant ´ Smith (NE) Kennedy Pocan Walden Cardenas Foster Kind Burgess Massie Steube Khanna Porter Wasserman Carson (IN) Foxx (NC) King (IA) Byrne McClintock Weber (TX) Kildee Pressley Schultz Carter (GA) Frankel King (NY) Cline Meadows Webster (FL) Kilmer Price (NC) Waters Carter (TX) Fudge Kinzinger Cloud Norman Kim Quigley Watson Coleman Cartwright Fulcher Kirkpatrick Davidson (OH) Ocasio-Cortez Williams Kind Raskin Welch Case Gabbard Krishnamoorthi Duncan Olson Wilson (SC) King (NY) Reed Wexton Casten (IL) Gallagher Kuster (NH) Ferguson Omar Wright Kinzinger Reschenthaler Wild Castor (FL) Gallego Kustoff (TN) Gooden Perry Kirkpatrick Rice (NY) Wilson (FL) Castro (TX) Garamendi LaHood Krishnamoorthi Richmond Womack Chabot Garcı´a (IL) LaMalfa NOT VOTING—11 Cheney Garcia (TX) Lamb Kuster (NH) Roby Yarmuth Abraham Hastings Radewagen Chu, Judy Gianforte Lamborn LaHood Rogers (KY) Young Curtis Herrera Beutler Cicilline Gibbs Langevin Waltz DeLauro Holding NOT VOTING—11 Cisneros Gohmert Larsen (WA) Yoho Gaetz Moulton Abraham Hastings Radewagen Clark (MA) Golden Larson (CT) Clarke (NY) Gomez Latta Curtis Herrera Beutler Waltz ANNOUNCEMENT BY THE ACTING CHAIR Clay Gonzalez (OH) Lawrence DeLauro Holding Yoho The Acting CHAIR (during the vote). Gaetz Moulton Cleaver Gonzalez (TX) Lawson (FL) Clyburn Gonza´ lez-Colo´ n Lee (CA) There is 1 minute remaining. ANNOUNCEMENT BY THE ACTING CHAIR Cohen (PR) Lee (NV) The Acting CHAIR (during the vote). Cole Gottheimer Lesko Collins (GA) Granger Levin (CA) b 2225 There is 1 minute remaining. Collins (NY) Graves (GA) Levin (MI) So the en bloc amendments were Comer Graves (LA) Lewis b 2221 Conaway Graves (MO) Lieu, Ted agreed to. So the amendment was rejected. Connolly Green (TN) Lipinski The result of the vote was announced The result of the vote was announced Cook Green (TX) Loebsack as above recorded. Cooper Grijalva Lofgren as above recorded. Correa Grothman Long AMENDMENT NO. 13 OFFERED BY MR. LANGEVIN AMENDMENTS EN BLOC NO. 2 OFFERED BY MR. Costa Guest Loudermilk The Acting CHAIR. The unfinished VISCLOSKY OF INDIANA Courtney Guthrie Lowenthal business is the demand for a recorded Cox (CA) Haaland Lowey The Acting CHAIR. The unfinished Craig Hagedorn Lucas vote on the amendment offered by the business is the demand for a recorded Crawford Harder (CA) Luetkemeyer gentleman from Rhode Island (Mr.

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.093 H18JNPT1 H4758 CONGRESSIONAL RECORD — HOUSE June 18, 2019 LANGEVIN) on which further pro- Morelle Rouzer Stivers The Clerk will redesignate the ceedings were postponed and on which Mucarsel-Powell Roybal-Allard Suozzi amendment. Mullin Ruiz Swalwell (CA) the ayes prevailed by voice vote. Murphy Ruppersberger Takano The Clerk redesignated the amend- The Clerk will redesignate the Nadler Rush Taylor ment. amendment. Napolitano Rutherford Thompson (CA) Neal Ryan RECORDED VOTE The Clerk redesignated the amend- Thompson (MS) Neguse Sablan Thompson (PA) The Acting CHAIR. A recorded vote Newhouse San Nicolas ment. Timmons has been demanded. Norton Sa´ nchez Tipton RECORDED VOTE Nunes Sarbanes A recorded vote was ordered. The Acting CHAIR. A recorded vote O’Halleran Scalise Titus The Acting CHAIR. This will be a 2- Tonko has been demanded. Ocasio-Cortez Scanlon minute vote. Olson Schakowsky Torres (CA) A recorded vote was ordered. Pallone Schiff Torres Small The vote was taken by electronic de- The Acting CHAIR. This will be a 2- Palmer Schneider (NM) vice, and there were—ayes 277, noes 151, minute vote. Panetta Schrader Trahan not voting 10, as follows: Pappas Schrier Trone The vote was taken by electronic de- Pascrell Schweikert Turner [Roll No. 343] vice, and there were—ayes 355, noes 73, Pence Scott (VA) Underwood AYES—277 not voting 10, as follows: Perlmutter Scott, David Upton Perry Sensenbrenner Van Drew Adams Evans Lynch [Roll No. 342] Peters Serrano Vargas Aguilar Finkenauer Malinowski Allred Fitzpatrick Maloney, Peterson Sewell (AL) Veasey AYES—355 Amodei Fleischmann Carolyn B. Phillips Shalala Vela Adams Davids (KS) Huffman Axne Fletcher Maloney, Sean Pingree Sherman Vela´ zquez Aguilar Davis (CA) Huizenga Barr Flores Matsui Plaskett Sherrill Visclosky Allred Davis, Danny K. Hunter Barraga´ n Foster McBath Pocan Shimkus Wagner Amodei Davis, Rodney Hurd (TX) Porter Simpson Bass Frankel McCarthy Armstrong Dean Jackson Lee Walden Beatty Fudge McCaul Posey Sires Walker Axne DeFazio Jayapal Price (NC) Slotkin Bera Gabbard McCollum Walorski Babin DeGette Jeffries Quigley Smith (MO) Bergman Gallagher McEachin Wasserman Baird DeLauro Johnson (GA) Raskin Smith (NE) Beyer Gallego McGovern Schultz Balderson DelBene Johnson (LA) Ratcliffe Smith (NJ) Bilirakis Garamendi McHenry Waters Banks Delgado Johnson (OH) Reed Smith (WA) Bishop (GA) Garcı´a (IL) McNerney Barr Demings Johnson (SD) Reschenthaler Smucker Watkins Blumenauer Garcia (TX) Meeks Barraga´ n DeSaulnier Johnson (TX) Rice (NY) Soto Watson Coleman Blunt Rochester Gomez Meng Bass DesJarlais Joyce (OH) Richmond Spano Wenstrup Bonamici Gonzalez (OH) Mitchell Beatty Deutch Kaptur Riggleman Speier Westerman Bost Gottheimer Moore Bera Diaz-Balart Katko Roby Stanton Wexton Boyle, Brendan Granger Morelle Bergman Dingell Keating Rodgers (WA) Stauber Wild F. Graves (LA) Mucarsel-Powell Beyer Doggett Keller Roe, David P. Stefanik Wilson (FL) Brown (MD) Green (TX) Murphy Biggs Doyle, Michael Kelly (IL) Rogers (AL) Steil Wittman Brownley (CA) Grijalva Nadler Bilirakis F. Kelly (PA) Rogers (KY) Steube Womack Buchanan Guthrie Napolitano Bishop (GA) Duffy Kennedy Rooney (FL) Stevens Young Bustos Haaland Neal Blumenauer Engel Khanna Rouda Stewart Zeldin Butterfield Harder (CA) Neguse Blunt Rochester Escobar Kildee Calvert Hayes Newhouse Bost Eshoo Kilmer NOES—73 Carbajal Heck Norcross ´ Boyle, Brendan Espaillat Kim Aderholt Graves (GA) Norcross Cardenas Higgins (NY) Norton F. Estes Kind Allen Green (TN) Norman Carson (IN) Hill (CA) O’Halleran Brindisi Evans King (NY) Cartwright Himes Ocasio-Cortez Amash Grothman Omar Brooks (AL) Ferguson Kinzinger Case Horn, Kendra S. Omar Arrington Guest Palazzo Brooks (IN) Finkenauer Kirkpatrick Casten (IL) Horsford Pallone Bacon Harris Payne Brown (MD) Fitzpatrick Krishnamoorthi Castor (FL) Houlahan Panetta Bishop (UT) Hice (GA) Pressley Brownley (CA) Fleischmann Kuster (NH) Bonamici Hollingsworth Castro (TX) Hoyer Pappas Buchanan Fletcher Lamb Rice (SC) Chu, Judy Huffman Pascrell Brady Jordan Rose (NY) Bucshon Flores Lamborn Buck Joyce (PA) Cicilline Hurd (TX) Payne Rose, John W. Bustos Foster Langevin Budd Kelly (MS) Cisneros Jackson Lee Perlmutter Roy Butterfield Foxx (NC) Larson (CT) Burchett King (IA) Clark (MA) Jayapal Peters Byrne Frankel Latta Burgess Kustoff (TN) Scott, Austin Clarke (NY) Jeffries Peterson Calvert Fudge Lawrence Carter (GA) LaHood Spanberger Clay Johnson (GA) Phillips Carbajal Gabbard Lawson (FL) Collins (GA) LaMalfa Thornberry Cleaver Johnson (LA) Pingree ´ Cardenas Gallagher Lee (CA) Comer Larsen (WA) Tlaib Clyburn Johnson (TX) Plaskett Carson (IN) Gallego Lee (NV) Craig Lesko Walberg Cohen Joyce (OH) Pocan Carter (TX) Garamendi Levin (CA) Davidson (OH) Lipinski Weber (TX) Cole Kaptur Porter ´ Cartwright Garcıa (IL) Levin (MI) Duncan Lofgren Webster (FL) Connolly Katko Pressley Case Garcia (TX) Lewis Dunn Loudermilk Welch Cooper Keating Price (NC) Casten (IL) Gianforte Lieu, Ted Emmer Luria Williams Correa Kelly (IL) Quigley Castor (FL) Gohmert Loebsack Fortenberry Massie Wilson (SC) Costa Kelly (PA) Raskin Castro (TX) Golden Long Courtney Kennedy Reed Fulcher McClintock Woodall Chabot Gomez Lowenthal Cox (CA) Khanna Reschenthaler Gibbs Meadows Wright Cheney Gonzalez (OH) Lowey Craig Kildee Rice (NY) Gooden Meuser Yarmuth Chu, Judy Gonzalez (TX) Lucas Gosar Moolenaar Crist Kilmer Richmond Cicilline Gonza´ lez-Colo´ n Luetkemeyer Crow Kim Riggleman Cisneros (PR) Luja´ n NOT VOTING—10 Cuellar Kind Rogers (KY) Clark (MA) Gottheimer Lynch Abraham Herrera Beutler Waltz Cummings King (NY) Rose (NY) Clarke (NY) Granger Malinowski Davids (KS) Kinzinger Rouda Curtis Holding Yoho Clay Graves (LA) Maloney, Gaetz Moulton Davis (CA) Kirkpatrick Roybal-Allard Cleaver Graves (MO) Carolyn B. Hastings Radewagen Davis, Danny K. Krishnamoorthi Ruiz Cline Green (TX) Maloney, Sean Davis, Rodney Kuster (NH) Ruppersberger Cloud Griffith Marchant ANNOUNCEMENT BY THE ACTING CHAIR Dean Lamb Rush Clyburn Grijalva Marshall The Acting CHAIR (during the vote). DeFazio Langevin Ryan Cohen Guthrie Mast DeGette Larsen (WA) Sablan Cole Haaland Matsui There is 1 minute remaining. DeLauro Larson (CT) San Nicolas Collins (NY) Hagedorn McAdams b 2229 DelBene Lawrence Sa´ nchez Conaway Harder (CA) McBath Delgado Lawson (FL) Sarbanes Connolly Hartzler McCarthy So the amendment was agreed to. Demings Lee (CA) Scanlon Cook Hayes McCaul The result of the vote was announced DeSaulnier Lee (NV) Schakowsky Cooper Heck McCollum Deutch Levin (CA) Schiff Correa Hern, Kevin McEachin as above recorded. Diaz-Balart Levin (MI) Schneider Costa Higgins (LA) McGovern AMENDMENT NO. 15 OFFERED BY MR. LANGEVIN Dingell Lewis Schrader Courtney Higgins (NY) McHenry The Acting CHAIR. The unfinished Doggett Lieu, Ted Schrier Cox (CA) Hill (AR) McKinley Doyle, Michael Lipinski Scott (VA) Crawford Hill (CA) McNerney business is the demand for a recorded F. Loebsack Scott, David Crenshaw Himes Meeks vote on the amendment offered by the Duffy Lofgren Serrano Crist Horn, Kendra S. Meng gentleman from Rhode Island (Mr. Dunn Long Sewell (AL) Crow Horsford Miller LANGEVIN) on which further pro- Engel Lowenthal Shalala Cuellar Houlahan Mitchell Escobar Lowey Sherman Cummings Hoyer Mooney (WV) ceedings were postponed and on which Eshoo Luja´ n Sherrill Cunningham Hudson Moore the ayes prevailed by voice vote. Espaillat Luria Shimkus

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.140 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4759 Simpson Thompson (CA) Vela The Clerk redesignated the amend- Watson Coleman Wexton Wilson (FL) Sires Thompson (MS) Vela´ zquez Welch Wild Yarmuth Slotkin Thompson (PA) Visclosky ment. Smith (WA) Titus Wasserman RECORDED VOTE NOES—183 Smucker Tlaib Schultz The Acting CHAIR. A recorded vote Aderholt Graves (GA) Pence Soto Tonko Waters Allen Graves (LA) Perry Spanberger Torres (CA) Watson Coleman has been demanded. Amodei Graves (MO) Peterson Speier Torres Small Welch A recorded vote was ordered. Armstrong Green (TN) Posey Stanton (NM) Wenstrup Arrington Griffith The Acting CHAIR. This will be a 2- Ratcliffe Stauber Trahan Wexton Babin Grothman Reschenthaler Stefanik Trone Wild minute vote. Bacon Guest Rice (SC) Stevens Turner Wilson (FL) Baird Guthrie Riggleman Suozzi Underwood Woodall The vote was taken by electronic de- Balderson Hagedorn Roby Swalwell (CA) Vargas Yarmuth vice, and there were—ayes 243, noes 183, Banks Harris Rodgers (WA) Takano Veasey Zeldin not voting 12, as follows: Barr Hartzler Roe, David P. Bergman Hern, Kevin Rogers (AL) NOES—151 [Roll No. 344] Biggs Hice (GA) Rogers (KY) Aderholt Gonza´ lez-Colo´ n Nunes Bilirakis Higgins (LA) AYES—243 Rooney (FL) Allen (PR) Olson Bishop (UT) Hill (AR) Adams Garamendi Neal Rose, John W. Amash Gooden Palazzo Bost Hudson Aguilar Garcı´a (IL) Neguse Rouzer Armstrong Gosar Palmer Brady Huizenga Allred Garcia (TX) Norcross Arrington Graves (GA) Pence Brooks (AL) Hunter Roy Amash Golden Norton Babin Graves (MO) Perry Brooks (IN) Johnson (LA) Rutherford Axne Gomez Green (TN) Posey O’Halleran Buchanan Johnson (OH) Scalise Bacon Barraga´ n Gonzalez (OH) Griffith Ratcliffe Ocasio-Cortez Buck Johnson (SD) Schweikert Baird Bass Gonzalez (TX) Grothman Rice (SC) Omar Bucshon Jordan Scott, Austin Balderson Beatty Gottheimer Guest Roby Pallone Budd Joyce (OH) Sensenbrenner Banks Bera Green (TX) Hagedorn Rodgers (WA) Panetta Burchett Joyce (PA) Shimkus Biggs Beyer Grijalva Harris Roe, David P. Pappas Burgess Keller Simpson Bishop (UT) Bishop (GA) Haaland Hartzler Rogers (AL) Pascrell Byrne Kelly (MS) Smith (MO) Brady Blumenauer Harder (CA) Hern, Kevin Rooney (FL) Payne Calvert Kelly (PA) Smith (NE) Brindisi Blunt Rochester Hayes Hice (GA) Rose, John W. Perlmutter Carter (GA) King (IA) Smith (NJ) Brooks (AL) Bonamici Heck Higgins (LA) Rouzer Peters Carter (TX) King (NY) Smucker Brooks (IN) Boyle, Brendan Higgins (NY) Hill (AR) Roy Phillips Chabot Kinzinger Spano Buck F. Hill (CA) Hollingsworth Rutherford Pingree Cheney Kustoff (TN) Bucshon Brindisi Himes Stauber Hudson Scalise Plaskett Cline LaHood Budd Brown (MD) Hollingsworth Stefanik Huizenga Schweikert Pocan Cloud LaMalfa Burchett Brownley (CA) Horn, Kendra S. Steil Hunter Scott, Austin Porter Cole Lamborn Burgess Bustos Horsford Steube Johnson (OH) Sensenbrenner Pressley Collins (GA) Latta Butterfield Houlahan Stewart Byrne Johnson (SD) Smith (MO) Price (NC) Collins (NY) Lesko Carbajal Hoyer Stivers Carter (GA) Jordan Smith (NE) Quigley Comer Long Ca´ rdenas Huffman Taylor Carter (TX) Joyce (PA) Smith (NJ) Raskin Conaway Loudermilk Carson (IN) Hurd (TX) Thompson (PA) Chabot Keller Spano Reed Cook Lucas Cartwright Jackson Lee Thornberry Cheney Kelly (MS) Steil Rice (NY) Crawford Luetkemeyer Case Jayapal Timmons Cline King (IA) Steube Richmond Crenshaw Marchant Casten (IL) Jeffries Tipton Cloud Kustoff (TN) Stewart Rose (NY) Davidson (OH) Marshall Castor (FL) Johnson (GA) Turner Collins (GA) LaHood Stivers Rouda Davis, Rodney Massie Castro (TX) Johnson (TX) Upton Collins (NY) LaMalfa Taylor Roybal-Allard DesJarlais Mast Chu, Judy Kaptur Wagner Comer Lamborn Thornberry Ruiz Duffy McCarthy Cicilline Katko Walberg Conaway Latta Timmons Ruppersberger Duncan McCaul Cisneros Keating Walden Cook Lesko Tipton Rush Dunn McClintock Clark (MA) Kelly (IL) Crawford Loudermilk Upton Ryan Estes McHenry Walker Clarke (NY) Kennedy Crenshaw Lucas Van Drew San Nicolas Ferguson McKinley Walorski Clay Khanna Cunningham Luetkemeyer Wagner Sa´ nchez Fleischmann Meadows Watkins Cleaver Kildee Davidson (OH) Marchant Walberg Sarbanes Fortenberry Meuser Weber (TX) Clyburn Kilmer DesJarlais Marshall Walden Scanlon Foxx (NC) Miller Webster (FL) Cohen Kim Duncan Massie Walker Schakowsky Fulcher Mitchell Wenstrup Connolly Kind Emmer Mast Walorski Schiff Gallagher Moolenaar Westerman Cooper Kirkpatrick Estes McAdams Watkins Schneider Gianforte Mooney (WV) Williams Correa Krishnamoorthi Ferguson McClintock Weber (TX) Gibbs Mullin Wilson (SC) Costa Kuster (NH) Schrader Fortenberry McKinley Webster (FL) Gohmert Newhouse Wittman Courtney Lamb Schrier Foxx (NC) Meadows Westerman Gonza´ lez-Colo´ n Norman Womack Cox (CA) Langevin Scott (VA) Fulcher Meuser Williams (PR) Nunes Woodall Craig Larsen (WA) Scott, David Gianforte Miller Wilson (SC) Gooden Olson Wright Crist Larson (CT) Serrano Gibbs Moolenaar Wittman Gosar Palazzo Young Crow Lawrence Sewell (AL) Gohmert Mooney (WV) Womack Granger Palmer Zeldin Cuellar Shalala Golden Mullin Wright Lawson (FL) Cummings Sherman Gonzalez (TX) Norman Young Lee (CA) NOT VOTING—12 Cunningham Lee (NV) Sherrill NOT VOTING—10 Davids (KS) Levin (CA) Sires Abraham Hastings Radewagen Davis (CA) Levin (MI) Slotkin Curtis Herrera Beutler Sablan Abraham Herrera Beutler Waltz Davis, Danny K. Lewis Smith (WA) Flores Holding Waltz Curtis Holding Yoho Dean Lieu, Ted Soto Gaetz Moulton Yoho Gaetz Moulton DeFazio Lipinski Spanberger Hastings Radewagen ANNOUNCEMENT BY THE ACTING CHAIR DeGette Loebsack Speier Stanton The Acting CHAIR (during the vote). ANNOUNCEMENT BY THE ACTING CHAIR DeLauro Lofgren DelBene Lowenthal Stevens There is 1 minute remaining. The Acting CHAIR (during the vote). Delgado Lowey Suozzi There is 1 minute remaining. Demings Luja´ n Swalwell (CA) DeSaulnier Luria Takano b 2235 b 2232 Deutch Lynch Thompson (CA) Diaz-Balart Malinowski Thompson (MS) So the amendment was agreed to. So the amendment was agreed to. Dingell Maloney, Titus The result of the vote was announced The result of the vote was announced Doggett Carolyn B. Tlaib as above recorded. Doyle, Michael Maloney, Sean Tonko as above recorded. F. Matsui Torres (CA) AMENDMENT NO. 24 OFFERED BY MR. AMASH AMENDMENT NO. 21 OFFERED BY MR. BROWN OF Emmer McAdams Torres Small The Acting CHAIR. The unfinished MARYLAND Engel McBath (NM) business is the demand for a recorded Escobar McCollum Trahan The Acting CHAIR. The unfinished Eshoo McEachin Trone vote on the amendment offered by the business is the demand for a recorded Espaillat McGovern Underwood gentleman from Michigan (Mr. AMASH) vote on the amendment offered by the Evans McNerney Van Drew on which further proceedings were Finkenauer Meeks Vargas gentleman from Maryland (Mr. BROWN) Fitzpatrick Meng Veasey postponed and on which the ayes pre- on which further proceedings were Fletcher Moore Vela vailed by voice vote. postponed and on which the ayes pre- Foster Morelle Vela´ zquez The Clerk will redesignate the vailed by voice vote. Frankel Mucarsel-Powell Visclosky amendment. Fudge Murphy Wasserman The Clerk will redesignate the Gabbard Nadler Schultz The Clerk redesignated the amend- amendment. Gallego Napolitano Waters ment.

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.097 H18JNPT1 H4760 CONGRESSIONAL RECORD — HOUSE June 18, 2019 RECORDED VOTE Dunn Latta Rutherford The Clerk will redesignate the Espaillat Lawrence Ryan amendment. The Acting CHAIR. A recorded vote Ferguson Lawson (FL) Sablan has been demanded. Finkenauer Lee (NV) Scalise The Clerk redesignated the amend- A recorded vote was ordered. Fitzpatrick Lesko Schiff ment. Fleischmann Levin (CA) Schneider The Acting CHAIR. This will be a 2- RECORDED VOTE Fletcher Lewis Schrier minute vote. Flores Lipinski Scott, Austin The Acting CHAIR. A recorded vote The vote was taken by electronic de- Fortenberry Loebsack Scott, David has been demanded. Foxx (NC) Long Sewell (AL) vice, and there were—ayes 175, noes 253, Frankel Lowey A recorded vote was ordered. Shalala not voting 10, as follows: Fudge Lucas Sherman The Acting CHAIR. This will be a 2- Gallagher Luetkemeyer [Roll No. 345] Sherrill minute vote. Garamendi Luria Shimkus AYES—175 Garcı´a (IL) Malinowski The vote was taken by electronic de- Garcia (TX) Maloney, Sean Simpson Adams Gomez Ocasio-Cortez vice, and there were—ayes 327, noes 101, Gibbs Marshall Slotkin Amash Gonzalez (OH) Omar not voting 10, as follows: Gonzalez (TX) McAdams Smith (NJ) Barraga´ n Gooden Pallone Gonza´ lez-Colo´ n McBath Smucker [Roll No. 346] Bass Gosar Pappas (PR) McCarthy Soto Beyer Graves (GA) AYES—327 Payne Gottheimer McCaul Spanberger Biggs Graves (LA) Perlmutter Granger McEachin Spano Adams Dingell Krishnamoorthi Bishop (UT) Green (TX) Perry Graves (MO) McHenry Stauber Aguilar Doggett Kuster (NH) Blunt Rochester Griffith Phillips Green (TN) McKinley Stefanik Allred Doyle, Michael LaMalfa Bonamici Grothman Pingree Grijalva McNerney Steil Amodei F. Lamb Boyle, Brendan Haaland Plaskett Guest Meuser Stevens Armstrong Engel Langevin F. Harder (CA) Pocan Guthrie Miller Stewart Axne Escobar Larsen (WA) Brooks (AL) Harris Porter Hagedorn Mitchell Baird Eshoo Larson (CT) Buck Hayes Stivers Posey Hartzler Moolenaar Banks Espaillat Lawrence Budd Hern, Kevin Suozzi Pressley Heck Morelle Barraga´ n Estes Lawson (FL) Burchett Hice (GA) Swalwell (CA) Higgins (LA) Mucarsel-Powell Bass Evans Lee (CA) Burgess Horsford Price (NC) Taylor Higgins (NY) Murphy Beatty Finkenauer Lee (NV) Byrne Huffman Raskin Thompson (CA) Hill (AR) Napolitano Bera Fitzpatrick Levin (CA) Castro (TX) Hunter Rodgers (WA) Thompson (MS) Hill (CA) Newhouse Beyer Fleischmann Levin (MI) Chabot Jackson Lee Roe, David P. Thornberry Himes Norcross Bilirakis Fletcher Lewis Chu, Judy Jayapal Rose, John W. Timmons Hollingsworth Norman Bishop (GA) Flores Lieu, Ted Cicilline Jeffries Roy Tipton Horn, Kendra S. Norton Blumenauer Foster Lipinski Clark (MA) Johnson (GA) Roybal-Allard Torres (CA) Houlahan Nunes Blunt Rochester Foxx (NC) Loebsack Clarke (NY) Jordan Rush Torres Small Hoyer O’Halleran Bonamici Frankel Lofgren Clay Keller San Nicolas (NM) Hudson Olson Bost Fudge Long Cline Kelly (IL) Sa´ nchez Trahan Huizenga Palazzo Boyle, Brendan Fulcher Loudermilk Cloud Kelly (MS) Sarbanes Trone Hurd (TX) Palmer F. Gabbard Lowenthal Clyburn Kennedy Scanlon Turner Johnson (LA) Panetta Brindisi Gallagher Lowey Comer Khanna Underwood Schakowsky Johnson (OH) Pascrell Brooks (IN) Gallego Lucas Connolly Kildee Upton Schrader Johnson (SD) Pence Brown (MD) Garamendi Luetkemeyer Correa Kuster (NH) Van Drew Schweikert Johnson (TX) Peters Brownley (CA) Garcı´a (IL) Luja´ n Courtney LaMalfa Veasey Scott (VA) Joyce (OH) Peterson Buchanan Garcia (TX) Lynch Davidson (OH) Lamborn Sensenbrenner Joyce (PA) Quigley Vela Burchett Gianforte Malinowski Davis (CA) Larsen (WA) Serrano Kaptur Ratcliffe Visclosky Burgess Golden Maloney, Davis, Danny K. Larson (CT) Sires Katko Reed Wagner Bustos Gomez Carolyn B. Davis, Rodney Lee (CA) Smith (MO) Keating Reschenthaler Walberg Butterfield Gonzalez (OH) Maloney, Sean Dean Levin (MI) Smith (NE) Kelly (PA) Rice (NY) Walden Calvert Gonzalez (TX) Matsui DeFazio Lieu, Ted Smith (WA) Kilmer Rice (SC) Walorski Carbajal Gonza´ lez-Colo´ n McAdams DeGette Lofgren Speier Kim Richmond Wasserman Ca´ rdenas (PR) McBath DeLauro Loudermilk Stanton Kind Riggleman Schultz Carson (IN) Gottheimer McCarthy DelBene Lowenthal Steube King (IA) Roby Waters Cartwright Graves (LA) McCaul DeSaulnier Luja´ n Takano King (NY) Rogers (AL) Watkins Case Graves (MO) McCollum DesJarlais Lynch Thompson (PA) Kinzinger Rogers (KY) Wenstrup Casten (IL) Green (TX) McEachin Dingell Maloney, Titus Kirkpatrick Rooney (FL) Westerman Castor (FL) Grijalva McGovern Doggett Carolyn B. Krishnamoorthi Rose (NY) Wexton Castro (TX) Guthrie McHenry Doyle, Michael Marchant Tlaib Kustoff (TN) Rouda Williams Chabot Haaland McKinley F. Massie Tonko LaHood Rouzer Wilson (SC) Chu, Judy Harder (CA) McNerney Duncan Mast Vargas Vela´ zquez Lamb Ruiz Womack Cicilline Hayes Meadows Emmer Matsui Cisneros Heck Meeks Walker Langevin Ruppersberger Young Engel McClintock Clark (MA) Hern, Kevin Meng Watson Coleman Escobar McCollum NOT VOTING—10 Clarke (NY) Higgins (NY) Miller Weber (TX) Eshoo McGovern Clay Hill (AR) Mitchell Webster (FL) Abraham Herrera Beutler Waltz Estes Meadows Cleaver Hill (CA) Moolenaar Welch Curtis Holding Yoho Evans Meeks Cline Himes Moore Foster Meng Wild Gaetz Moulton Hastings Radewagen Cloud Hollingsworth Morelle Fulcher Mooney (WV) Wilson (FL) Clyburn Horn, Kendra S. Mucarsel-Powell Wittman Gabbard Moore ANNOUNCEMENT BY THE ACTING CHAIR Cohen Horsford Mullin Gallego Mullin Woodall Collins (NY) Houlahan Murphy Gianforte Nadler Wright The Acting CHAIR (during the vote). Connolly Hoyer Nadler Gohmert Neal Yarmuth There is 1 minute remaining. Cook Huffman Napolitano Golden Neguse Zeldin Cooper Hunter Neal Correa Hurd (TX) Neguse NOES—253 b 2240 Costa Jackson Lee Newhouse Aderholt Brindisi Cole Mrs. CAROLYN B. MALONEY of New Courtney Jayapal Norcross Aguilar Brooks (IN) Collins (GA) Cox (CA) Jeffries Norton Allen Brown (MD) Collins (NY) York, Mr. SERRANO, Mses. SANCHEZ, Crawford Johnson (GA) Nunes Allred Brownley (CA) Conaway and PLASKETT changed their vote Crenshaw Johnson (LA) O’Halleran Amodei Buchanan Cook from ‘‘no’’ to ‘‘aye.’’ Crist Johnson (SD) Ocasio-Cortez Armstrong Bucshon Cooper So the amendment was rejected. Crow Johnson (TX) Omar Arrington Bustos Costa Cuellar Joyce (OH) Pallone Axne Butterfield Cox (CA) The result of the vote was announced Cummings Kaptur Panetta Babin Calvert Craig as above recorded. Cunningham Katko Pappas Bacon Carbajal Crawford Davids (KS) Keating Pascrell AMENDMENT NO. 34, AS MODIFIED, OFFERED BY Baird Ca´ rdenas Crenshaw Davis (CA) Keller Payne Balderson Carson (IN) Crist MS. KUSTER OF NEW HAMPSHIRE Davis, Danny K. Kelly (IL) Pence Banks Carter (GA) Crow The Acting CHAIR. The unfinished Davis, Rodney Kelly (PA) Perlmutter Barr Carter (TX) Cuellar business is the demand for a recorded Dean Kennedy Peters Beatty Cartwright Cummings DeFazio Khanna Peterson Bera Case Cunningham vote on the amendment, as modified, DeGette Kildee Phillips Bergman Casten (IL) Davids (KS) offered by the gentlewoman from New DeLauro Kilmer Pingree Bilirakis Castor (FL) Delgado Hampshire (Ms. KUSTER) on which fur- DelBene Kim Plaskett Bishop (GA) Cheney Demings ther proceedings were postponed and Delgado Kind Pocan Blumenauer Cisneros Deutch Demings King (NY) Porter Bost Cleaver Diaz-Balart on which the ayes prevailed by voice DeSaulnier Kinzinger Pressley Brady Cohen Duffy vote. Deutch Kirkpatrick Price (NC)

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.146 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4761 Quigley Serrano Titus The Clerk redesignated the amend- Meeks Rose, John W. Suozzi Raskin Sewell (AL) Tlaib ment. Meng Rouda Swalwell (CA) Reed Shalala Tonko Miller Rouzer Takano Reschenthaler Sherman Torres (CA) RECORDED VOTE Mitchell Roybal-Allard Taylor Rice (NY) Sherrill Torres Small The Acting CHAIR. A recorded vote Moolenaar Ruiz Thompson (CA) Richmond Shimkus (NM) Moore Ruppersberger Thompson (MS) Riggleman Simpson Trahan has been demanded. Morelle Rush Thompson (PA) Rodgers (WA) Sires Trone A recorded vote was ordered. Mucarsel-Powell Rutherford Thornberry Roe, David P. Slotkin Turner The Acting CHAIR. This will be a 2- Mullin Ryan Timmons Rogers (AL) Smith (MO) Underwood minute vote. Murphy Sablan Titus Rose (NY) Smith (NJ) Upton Nadler San Nicolas Tonko Rouda Smith (WA) Van Drew The vote was taken by electronic de- Napolitano Sa´ nchez Torres (CA) Rouzer Smucker Vargas vice, and there were—ayes 389, noes 39, Neal Sarbanes Torres Small Roybal-Allard Soto Veasey not voting 10, as follows: Neguse Scalise (NM) Ruiz Spanberger Vela Newhouse Scanlon Trahan ´ [Roll No. 347] Ruppersberger Spano Velazquez Norcross Schakowsky Trone Rush Speier Visclosky Norton Schiff AYES—389 Turner Ryan Stanton Wagner Nunes Schneider Underwood Sablan Stauber Walden Adams Cunningham Houlahan O’Halleran Schrader Upton San Nicolas Stefanik Walorski Aderholt Davids (KS) Hoyer Olson Schrier Van Drew Sa´ nchez Steil Wasserman Aguilar Davis (CA) Hudson Palazzo Schweikert Vargas Sarbanes Stevens Schultz Allen Davis, Danny K. Huffman Pallone Scott (VA) Scanlon Stewart Waters Allred Davis, Rodney Huizenga Panetta Scott, Austin Veasey Schakowsky Stivers Watkins Amodei Dean Hunter Pappas Scott, David Vela ´ Schiff Suozzi Watson Coleman Armstrong DeFazio Hurd (TX) Pascrell Serrano Velazquez Schneider Swalwell (CA) Welch Axne DeGette Jackson Lee Payne Sewell (AL) Visclosky Schrader Takano Wenstrup Babin DeLauro Jayapal Pence Shalala Wagner Schrier Taylor Wexton Bacon DelBene Jeffries Perlmutter Sherman Walberg Schweikert Thompson (CA) Wild Baird Delgado Johnson (GA) Perry Sherrill Walden Scott (VA) Thompson (MS) Wilson (FL) Balderson Demings Johnson (LA) Peters Shimkus Walorski Scott, David Thompson (PA) Womack Banks DeSaulnier Johnson (OH) Phillips Simpson Wasserman Sensenbrenner Tipton Yarmuth Barr DesJarlais Johnson (SD) Pingree Sires Schultz Barraga´ n Deutch Johnson (TX) Plaskett Slotkin Waters NOES—101 Bass Diaz-Balart Joyce (OH) Pocan Smith (MO) Watkins Beatty Aderholt Gibbs Mooney (WV) Dingell Joyce (PA) Porter Smith (NE) Watson Coleman Bera Doggett Kaptur Allen Gohmert Norman Price (NC) Smith (NJ) Weber (TX) Bergman Doyle, Michael Katko Amash Gooden Olson Quigley Smith (WA) Welch Beyer F. Keating Wenstrup Arrington Gosar Palazzo Raskin Smucker Biggs Babin Granger Duffy Keller Reed Soto Westerman Palmer Bilirakis Bacon Graves (GA) Duncan Kelly (IL) Reschenthaler Spanberger Wexton Perry Bishop (GA) Balderson Green (TN) Dunn Kelly (MS) Rice (NY) Spano Wild Posey Blumenauer Barr Griffith Emmer Kelly (PA) Richmond Speier Wilson (FL) Ratcliffe Blunt Rochester Bergman Grothman Engel Kennedy Riggleman Stanton Wilson (SC) Rice (SC) Bonamici Biggs Guest Escobar Khanna Roby Stauber Wittman Roby Bost Bishop (UT) Hagedorn Eshoo Kildee Rodgers (WA) Stefanik Womack Rogers (KY) Boyle, Brendan Brady Harris Espaillat Kilmer Roe, David P. Steil Woodall Rooney (FL) F. Brooks (AL) Hartzler Estes Kim Rogers (AL) Steube Wright Rose, John W. Brady Buck Hice (GA) Evans Kind Rogers (KY) Stevens Yarmuth Roy Brindisi Bucshon Higgins (LA) Ferguson King (IA) Rooney (FL) Stewart Young Rutherford Brooks (AL) Budd Hudson Finkenauer King (NY) Rose (NY) Stivers Zeldin Scalise Brooks (IN) Byrne Huizenga Fitzpatrick Kinzinger Scott, Austin Brown (MD) Carter (GA) Johnson (OH) Fleischmann Kirkpatrick NOES—39 Smith (NE) Buchanan Fletcher Krishnamoorthi Carter (TX) Jordan Amash Grothman Palmer Steube Bucshon Flores Kuster (NH) Cheney Joyce (PA) Arrington Harris Peterson Thornberry Burgess Fortenberry Kustoff (TN) Cole Kelly (MS) Bishop (UT) Jordan Posey Timmons Bustos Foster LaHood Collins (GA) King (IA) Brownley (CA) Lofgren Pressley Butterfield Foxx (NC) LaMalfa Comer Kustoff (TN) Walberg Buck Marshall Ratcliffe Byrne Frankel Lamb Conaway LaHood Walker Budd Massie Rice (SC) Calvert Fudge Lamborn Craig Lamborn Weber (TX) Burchett McClintock Roy Carbajal Gabbard Langevin Davidson (OH) Latta Webster (FL) Craig Meadows Sensenbrenner Ca´ rdenas Gallagher Larsen (WA) DesJarlais Lesko Westerman Davidson (OH) Meuser Tipton Carson (IN) Gallego Larson (CT) Diaz-Balart Luria Williams Fulcher Mooney (WV) Tlaib Carter (GA) Garamendi Latta Duffy Marchant Wilson (SC) Gianforte Norman Walker Carter (TX) Garcı´a (IL) Lawrence Duncan Marshall Wittman Gohmert Ocasio-Cortez Webster (FL) Cartwright Garcia (TX) Lawson (FL) Dunn Massie Woodall Griffith Omar Williams Case Emmer Mast Wright Gibbs Lee (CA) Casten (IL) Ferguson McClintock Young Golden Lee (NV) NOT VOTING—10 Castor (FL) Fortenberry Meuser Zeldin Gomez Lesko Castro (TX) Gonzalez (OH) Levin (CA) Abraham Herrera Beutler Waltz NOT VOTING—10 Chabot Gonzalez (TX) Levin (MI) Curtis Holding Yoho Cheney Gonza´ lez-Colo´ n Lewis Gaetz Moulton Abraham Herrera Beutler Waltz Chu, Judy (PR) Lieu, Ted Hastings Radewagen Curtis Holding Yoho Cicilline Gooden Lipinski Gaetz Moulton Cisneros Gosar Loebsack ANNOUNCEMENT BY THE ACTING CHAIR Hastings Radewagen Clark (MA) Gottheimer Long The Acting CHAIR (during the vote). ANNOUNCEMENT BY THE ACTING CHAIR Clarke (NY) Granger Loudermilk There is 1 minute remaining. Clay Graves (GA) Lowenthal The Acting CHAIR (during the vote). Cleaver Graves (LA) Lowey There is 1 minute remaining. Cline Graves (MO) Lucas b 2247 Cloud Green (TN) Luetkemeyer b 2243 Clyburn Green (TX) Luja´ n So the amendment was agreed to. Cohen Grijalva Luria So the amendment, as modified, was Cole Guest Lynch The result of the vote was announced agreed to. Collins (GA) Guthrie Malinowski as above recorded. Collins (NY) Haaland Maloney, AMENDMENT NO. 40 OFFERED BY MR. VISCLOSKY The result of the vote was announced Comer Hagedorn Carolyn B. as above recorded. Conaway Harder (CA) Maloney, Sean The Acting CHAIR. The unfinished AMENDMENT NO. 38 OFFERED BY MR. VISCLOSKY Connolly Hartzler Marchant business is the demand for a recorded Cook Hayes Mast vote on the amendment offered by the The Acting CHAIR. The unfinished Cooper Heck Matsui business is the demand for a recorded Correa Hern, Kevin McAdams gentleman from Indiana (Mr. VIS- vote on the amendment offered by the Costa Hice (GA) McBath CLOSKY) on which further proceedings Courtney Higgins (LA) McCarthy were postponed and on which the ayes gentleman from Indiana (Mr. VIS- Cox (CA) Higgins (NY) McCaul CLOSKY) on which further proceedings Crawford Hill (AR) McCollum prevailed by voice vote. were postponed and on which the ayes Crenshaw Hill (CA) McEachin The Clerk will redesignate the prevailed by voice vote. Crist Himes McGovern amendment. Crow Hollingsworth McHenry The Clerk will redesignate the Cuellar Horn, Kendra S. McKinley The Clerk redesignated the amend- amendment. Cummings Horsford McNerney ment.

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.099 H18JNPT1 H4762 CONGRESSIONAL RECORD — HOUSE June 18, 2019

RECORDED VOTE Watson Coleman Wild Zeldin RECORDED VOTE Welch Wilson (FL) The Acting CHAIR. A recorded vote Wexton Yarmuth The Acting CHAIR. A recorded vote has been demanded. has been demanded. A recorded vote was ordered. NOES—174 Aderholt Gonza´ lez-Colo´ n Nunes A recorded vote was ordered. The Acting CHAIR. This will be a 2- Allen (PR) Olson minute vote. Amash Gooden Palazzo The Acting CHAIR. This will be a 2- The vote was taken by electronic de- Amodei Gosar Palmer minute vote. vice, and there were—ayes 254, noes 174, Armstrong Granger Pence Arrington Graves (GA) Perry The vote was taken by electronic de- not voting 10, as follows: Babin Graves (MO) Posey vice, and there were—ayes 237, noes 191, [Roll No. 348] Bacon Green (TN) Ratcliffe not voting 10, as follows: Baird Griffith Reschenthaler AYES—254 Balderson Grothman Rice (SC) [Roll No. 349] Banks Guest Adams Golden Norton Riggleman Barr Guthrie Aguilar Gomez O’Halleran Roby AYES—237 Bergman Hagedorn Allred Gonzalez (TX) Ocasio-Cortez Rodgers (WA) Biggs Harris Adams Golden Omar Axne Gottheimer Omar Roe, David P. Bishop (UT) Hartzler Aguilar Gomez Pallone Barraga´ n Graves (LA) Pallone Bost Hern, Kevin Rogers (AL) Allred Gonzalez (TX) Panetta Bass Green (TX) Panetta Brady Hice (GA) Rogers (KY) Amash Gottheimer Pappas Beatty Grijalva Pappas Brooks (AL) Higgins (LA) Rose, John W. Axne Green (TX) Pascrell Bera Haaland Pascrell Brooks (IN) Hill (AR) Rouzer Barraga´ n Grijalva Payne Beyer Harder (CA) Payne Buchanan Hudson Roy Bass Haaland Perlmutter Bilirakis Hayes Perlmutter Buck Huizenga Rutherford Beatty Harder (CA) Bishop (GA) Heck Peters Peterson Bucshon Hunter Scalise Bera Hayes Blumenauer Higgins (NY) Peterson Phillips Budd Johnson (LA) Schweikert Beyer Heck Blunt Rochester Hill (CA) Phillips Pingree Burchett Johnson (OH) Scott, Austin Bishop (GA) Higgins (NY) Bonamici Himes Pingree Plaskett Burgess Johnson (SD) Sensenbrenner Blumenauer Hill (CA) Boyle, Brendan Hollingsworth Plaskett Pocan Byrne Jordan Shimkus Blunt Rochester Himes F. Horn, Kendra S. Pocan Porter Calvert Joyce (OH) Brindisi Horsford Porter Simpson Bonamici Hollingsworth Pressley Carter (GA) Joyce (PA) Brown (MD) Houlahan Pressley Smith (MO) Boyle, Brendan Horn, Kendra S. Price (NC) Carter (TX) Keller Brownley (CA) Hoyer Price (NC) Smith (NE) F. Horsford Quigley Chabot Kelly (MS) Bustos Huffman Quigley Smucker Brindisi Houlahan Raskin Cheney Kelly (PA) Butterfield Hurd (TX) Raskin Spano Brown (MD) Hoyer Rice (NY) Cline King (IA) Carbajal Jackson Lee Reed Stauber Brownley (CA) Huffman Richmond Cloud King (NY) Ca´ rdenas Jayapal Rice (NY) Steil Bustos Jackson Lee Rose (NY) Cole Kinzinger Carson (IN) Jeffries Richmond Steube Butterfield Jayapal Rouda Collins (GA) Kustoff (TN) Cartwright Johnson (GA) Rooney (FL) Stewart Carbajal Jeffries Roybal-Allard Collins (NY) LaHood ´ Case Johnson (TX) Rose (NY) Stivers Cardenas Johnson (GA) Ruiz Comer LaMalfa Casten (IL) Kaptur Rouda Taylor Carson (IN) Johnson (TX) Ruppersberger Conaway Lamborn Castor (FL) Katko Roybal-Allard Thornberry Cartwright Kaptur Rush Cook Latta Castro (TX) Keating Ruiz Timmons Case Keating Crawford Lesko Ryan Chu, Judy Kelly (IL) Ruppersberger Tipton Casten (IL) Kelly (IL) Crenshaw Long Sablan Cicilline Kennedy Rush Turner Castor (FL) Kennedy Davidson (OH) Loudermilk San Nicolas Cisneros Khanna Ryan Wagner Castro (TX) Khanna ´ DesJarlais Lucas Sanchez Clark (MA) Kildee Sablan Chu, Judy Kildee Diaz-Balart Luetkemeyer Walberg Sarbanes Clarke (NY) Kilmer San Nicolas Cicilline Kilmer Duffy Marchant Walden Scanlon Clay Kim Sa´ nchez Cisneros Kim Duncan Marshall Walker Schakowsky Cleaver Kind Sarbanes Clark (MA) Kind Dunn Massie Walorski Schiff Clyburn Kirkpatrick Scanlon Clarke (NY) Krishnamoorthi Emmer McCarthy Watkins Schneider Cohen Krishnamoorthi Schakowsky Clay Kuster (NH) Estes McClintock Weber (TX) Schrader Connolly Kuster (NH) Schiff Cleaver Lamb Ferguson McKinley Webster (FL) Schrier Cooper Lamb Schneider Cloud Langevin Fleischmann Meadows Wenstrup Scott (VA) Correa Langevin Schrader Clyburn Larsen (WA) Flores Meuser Westerman Scott, David Costa Larsen (WA) Schrier Cohen Larson (CT) Foxx (NC) Miller Williams Serrano Courtney Larson (CT) Scott (VA) Connolly Lawrence Fulcher Mitchell Wilson (SC) Sewell (AL) Cox (CA) Lawrence Scott, David Cooper Lawson (FL) Gallagher Moolenaar Wittman Shalala Craig Lawson (FL) Serrano Correa Lee (CA) Gianforte Mooney (WV) Womack Sherman Crist Lee (CA) Sewell (AL) Costa Lee (NV) Gibbs Mullin Woodall Sherrill Crow Lee (NV) Shalala Courtney Levin (CA) Gohmert Newhouse Wright Sires Cuellar Levin (CA) Sherman Cox (CA) Levin (MI) Gonzalez (OH) Norman Young Slotkin Cummings Levin (MI) Sherrill Craig Lewis Smith (WA) Cunningham Lewis Sires Crist Lieu, Ted NOT VOTING—10 Soto Davids (KS) Lieu, Ted Slotkin Crow Lipinski Spanberger Davis (CA) Lipinski Smith (NJ) Abraham Herrera Beutler Waltz Cuellar Loebsack Davis, Danny K. Loebsack Smith (WA) Curtis Holding Yoho Cummings Lofgren Speier Davis, Rodney Lofgren Soto Gaetz Moulton Davids (KS) Lowenthal Stanton Dean Lowenthal Spanberger Hastings Radewagen Davis (CA) Lowey Stevens DeFazio Lowey Speier Davis, Danny K. Luja´ n Suozzi DeGette Luja´ n Stanton ANNOUNCEMENT BY THE ACTING CHAIR Dean Luria Swalwell (CA) DeLauro Luria Stefanik The Acting CHAIR (during the vote). DeFazio Lynch Takano Thompson (CA) DelBene Lynch Stevens There is 1 minute remaining. DeGette Malinowski Delgado Malinowski Suozzi DeLauro Maloney, Thompson (MS) Demings Maloney, Swalwell (CA) DelBene Carolyn B. Titus DeSaulnier Carolyn B. Takano b 2250 Delgado Maloney, Sean Tlaib Deutch Maloney, Sean Thompson (CA) Demings Massie Tonko Dingell Mast Thompson (MS) So the amendment was agreed to. DeSaulnier Matsui Torres (CA) Torres Small Doggett Matsui Thompson (PA) The result of the vote was announced Deutch McAdams Doyle, Michael McAdams Titus Dingell McBath (NM) F. McBath Tlaib as above recorded. Doggett McCollum Trahan Trone Engel McCaul Tonko AMENDMENT NO. 44 OFFERED BY MR. TED LIEU Doyle, Michael McEachin Escobar McCollum Torres (CA) F. McGovern Underwood OF CALIFORNIA Eshoo McEachin Torres Small Engel McNerney Van Drew Espaillat McGovern (NM) The Acting CHAIR. The unfinished Escobar Meeks Vargas Evans McHenry Trahan business is the demand for a recorded Eshoo Meng Veasey Finkenauer McNerney Trone Espaillat Moore Vela Fitzpatrick Meeks Underwood vote on the amendment offered by the Evans Morelle Vela´ zquez Fletcher Meng Upton gentleman from California (Mr. TED Finkenauer Mucarsel-Powell Visclosky Fortenberry Moore Van Drew LIEU) on which further proceedings Fletcher Murphy Wasserman Foster Morelle Vargas were postponed and on which the ayes Foster Nadler Schultz Frankel Mucarsel-Powell Veasey Frankel Napolitano Waters Fudge Murphy Vela prevailed by voice vote. Fudge Neal Watson Coleman Gabbard Nadler Vela´ zquez The Clerk will redesignate the Gabbard Neguse Welch Gallego Napolitano Visclosky amendment. Gallego Norcross Wexton Garamendi Neal Wasserman Garamendi Norton Wild Garcı´a (IL) Neguse Schultz The Clerk redesignated the amend- Garcı´a (IL) O’Halleran Wilson (FL) Garcia (TX) Norcross Waters ment. Garcia (TX) Ocasio-Cortez Yarmuth

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.152 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4763

NOES—191 RECORDED VOTE Courtney Kennedy Price (NC) Cox (CA) Khanna Quigley Aderholt Gooden Olson The Acting CHAIR. A recorded vote Craig Kildee Raskin Allen Gosar Palazzo has been demanded. Crist Kilmer Rice (NY) Amodei Granger Palmer Crow Kim Richmond Armstrong Graves (GA) Pence A recorded vote was ordered. Cuellar Kind Rose (NY) Arrington Graves (LA) Perry The Acting CHAIR. This will be a 2- Cummings Kirkpatrick Rouda Babin Graves (MO) Peters minute vote. Davids (KS) Krishnamoorthi Roybal-Allard Bacon Green (TN) Posey Davidson (OH) Kuster (NH) Ruiz Baird Griffith Ratcliffe The vote was taken by electronic de- Davis (CA) Langevin Ruppersberger Balderson Grothman Reed vice, and there were—ayes 203, noes 225, Davis, Danny K. Larsen (WA) Rush Banks Guest Reschenthaler not voting 10, as follows: Dean Larson (CT) Ryan Barr Guthrie Rice (SC) DeFazio Lawrence Sablan Bergman Hagedorn Riggleman [Roll No. 350] DeGette Lawson (FL) San Nicolas Biggs Harris Roby AYES—203 DeLauro Lee (CA) Sa´ nchez Bilirakis Hartzler Rodgers (WA) DelBene Lee (NV) Sarbanes Bishop (UT) Hern, Kevin Roe, David P. Aderholt Gottheimer Palazzo Delgado Levin (CA) Scanlon Bost Hice (GA) Rogers (AL) Allen Granger Palmer Demings Levin (MI) Schakowsky Brady Higgins (LA) Rogers (KY) Amash Graves (GA) Panetta DeSaulnier Lewis Schiff Brooks (AL) Hill (AR) Rooney (FL) Amodei Graves (LA) Payne Deutch Lieu, Ted Schneider Brooks (IN) Hudson Rose, John W. Armstrong Graves (MO) Pence Dingell Lipinski Schrader Buchanan Huizenga Rouzer Arrington Green (TN) Perlmutter Doggett Loebsack Schrier Buck Hunter Roy Babin Griffith Perry Doyle, Michael Lofgren Scott (VA) Bucshon Hurd (TX) Rutherford Bacon Grothman Posey F. Lowenthal Scott, David Budd Johnson (LA) Scalise Baird Guest Ratcliffe Engel Lowey Serrano Burchett Johnson (OH) Schweikert Balderson Guthrie Reed Escobar Luja´ n Sewell (AL) Burgess Johnson (SD) Scott, Austin Banks Hagedorn Reschenthaler Eshoo Lynch Shalala Byrne Jordan Sensenbrenner Barr Harris Rice (SC) Espaillat Malinowski Sherman Calvert Joyce (OH) Shimkus Bergman Hartzler Riggleman Evans Maloney, Sherrill Carter (GA) Joyce (PA) Simpson Biggs Hern, Kevin Roby Finkenauer Carolyn B. Sires Carter (TX) Katko Smith (MO) Bilirakis Hice (GA) Rodgers (WA) Foster Matsui Slotkin Chabot Keller Smith (NE) Bishop (UT) Higgins (LA) Roe, David P. Frankel McAdams Smith (WA) Cheney Kelly (MS) Smith (NJ) Bost Hill (AR) Rogers (AL) Fudge McBath Soto Cline Kelly (PA) Smucker Brady Hollingsworth Rogers (KY) Gabbard McClintock Spanberger Cole King (IA) Spano Brooks (AL) Hudson Rooney (FL) Gallego McCollum Speier Collins (GA) King (NY) Stauber Brooks (IN) Huizenga Rose, John W. Garamendi McEachin Stanton Collins (NY) Kinzinger Stefanik Buchanan Hunter Rouzer Garcı´a (IL) McGovern Swalwell (CA) Comer Kirkpatrick Steil Buck Hurd (TX) Roy Garcia (TX) McNerney Takano Conaway Kustoff (TN) Steube Bucshon Johnson (LA) Rutherford Golden Meeks Thompson (CA) Cook LaHood Stewart Budd Johnson (OH) Scalise Gomez Meng Thompson (MS) Crawford LaMalfa Stivers Burchett Johnson (SD) Schweikert Gonzalez (TX) Moore Titus Crenshaw Lamborn Taylor Burgess Jordan Scott, Austin Green (TX) Mucarsel-Powell Tlaib Cunningham Latta Thompson (PA) Byrne Joyce (OH) Sensenbrenner Grijalva Murphy Tonko Davidson (OH) Lesko Thornberry Calvert Joyce (PA) Shimkus Haaland Nadler Torres (CA) Davis, Rodney Long Timmons Carter (GA) Katko Simpson Harder (CA) Napolitano Torres Small DesJarlais Loudermilk Tipton Carter (TX) Keller Smith (MO) Hayes Neal (NM) Diaz-Balart Lucas Turner Chabot Kelly (MS) Smith (NE) Heck Neguse Trahan Duffy Luetkemeyer Upton Cheney Kelly (PA) Smith (NJ) Higgins (NY) Norcross Trone Duncan Marchant Wagner Cline King (IA) Smucker Hill (CA) Norton Underwood Dunn Marshall Walberg Cloud King (NY) Spano Himes O’Halleran Vargas Emmer Mast Walden Cole Kinzinger Stauber Horn, Kendra S. Ocasio-Cortez Veasey Estes McCarthy Walker Collins (GA) Kustoff (TN) Stefanik Horsford Omar Vela Ferguson McCaul Walorski Collins (NY) LaHood Steil Houlahan Pallone Vela´ zquez Fitzpatrick McClintock Watkins Comer LaMalfa Steube Hoyer Pappas Visclosky Fleischmann McHenry Weber (TX) Conaway Lamb Stevens Huffman Pascrell Wasserman Flores McKinley Webster (FL) Cook Lamborn Stewart Jackson Lee Peters Schultz Fortenberry Meadows Wenstrup Crawford Latta Stivers Jayapal Peterson Waters Foxx (NC) Meuser Westerman Crenshaw Lesko Suozzi Jeffries Phillips Watson Coleman Fulcher Miller Williams Cunningham Long Taylor Johnson (GA) Pingree Welch Gallagher Mitchell Wilson (SC) Davis, Rodney Loudermilk Thompson (PA) Johnson (TX) Plaskett Wexton Gianforte Moolenaar Wittman DesJarlais Lucas Thornberry Kaptur Pocan Wild Gibbs Mooney (WV) Womack Diaz-Balart Luetkemeyer Timmons Keating Porter Wilson (FL) Gohmert Mullin Woodall Duffy Luria Tipton Kelly (IL) Pressley Yarmuth Gonzalez (OH) Newhouse Wright Duncan Maloney, Sean Turner Gonza´ lez-Colo´ n Norman Young Dunn Marchant Upton NOT VOTING—10 (PR) Nunes Zeldin Emmer Marshall Van Drew Estes Massie Wagner Abraham Herrera Beutler Waltz NOT VOTING—10 Ferguson Mast Walberg Curtis Holding Yoho Fitzpatrick McCarthy Walden Gaetz Moulton Abraham Herrera Beutler Waltz Hastings Radewagen Curtis Holding Yoho Fleischmann McCaul Walker Gaetz Moulton Fletcher McHenry Walorski ANNOUNCEMENT BY THE ACTING CHAIR Hastings Radewagen Flores McKinley Watkins Fortenberry Meadows Weber (TX) The Acting Chair (during the vote). ANNOUNCEMENT BY THE ACTING CHAIR Foxx (NC) Meuser Webster (FL) There is 1 minute remaining. Fulcher Miller Wenstrup The Acting CHAIR (during the vote). Gallagher Mitchell Westerman b 2256 There is 1 minute remaining. Gianforte Moolenaar Williams Gibbs Mooney (WV) Wilson (SC) So the amendment was rejected. Gohmert Morelle Wittman The result of the vote was announced 2253 b Gonzalez (OH) Mullin Womack as above recorded. Gonza´ lez-Colo´ n Newhouse Woodall So the amendment was agreed to. (PR) Norman Wright AMENDMENT NO. 47 OFFERED BY MR. GALLAGHER The result of the vote was announced Gooden Nunes Young The Acting CHAIR. The unfinished as above recorded. Gosar Olson Zeldin business is the demand for a recorded AMENDMENT NO. 45 OFFERED BY MR. GALLAGHER NOES—225 vote on the amendment offered by the The Acting CHAIR. The unfinished Adams Boyle, Brendan Castro (TX) gentleman from Wisconsin (Mr. GALLA- business is the demand for a recorded Aguilar F. Chu, Judy GHER) on which further proceedings Allred Brindisi Cicilline were postponed and on which the noes vote on the amendment offered by the Brown (MD) Cisneros Axne prevailed by voice vote. gentleman from Wisconsin (Mr. GALLA- Barraga´ n Brownley (CA) Clark (MA) GHER) on which further proceedings Bass Bustos Clarke (NY) The Clerk will redesignate the were postponed and on which the noes Beatty Butterfield Clay amendment. Bera Carbajal Cleaver prevailed by voice vote. Ca´ rdenas Clyburn The Clerk redesignated the amend- Beyer Carson (IN) Cohen ment. The Clerk will redesignate the Bishop (GA) Cartwright Connolly amendment. Blumenauer RECORDED VOTE Case Cooper The Clerk redesignated the amend- Blunt Rochester Casten (IL) Correa The Acting CHAIR. A recorded vote ment. Bonamici Castor (FL) Costa has been demanded.

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.102 H18JNPT1 H4764 CONGRESSIONAL RECORD — HOUSE June 18, 2019 A recorded vote was ordered. Doggett Levin (CA) Roybal-Allard The vote was taken by electronic de- Doyle, Michael Levin (MI) Ruiz vice, and there were—ayes 424, noes 3, The Acting CHAIR. This will be a 2- F. Lewis Ruppersberger minute vote. Engel Lieu, Ted Rush not voting 11, as follows: Escobar Lipinski The vote was taken by electronic de- Ryan [Roll No. 352] vice, and there were—ayes 192, noes 236, Eshoo Loebsack Sablan Espaillat Lofgren San Nicolas AYES—424 not voting 10, as follows: Evans Lowenthal ´ Sanchez Adams Davis, Danny K. Jayapal Finkenauer Lowey Sarbanes [Roll No. 351] ´ Aderholt Davis, Rodney Jeffries Fletcher Lujan Scanlon Foster Luria Aguilar Dean Johnson (GA) AYES—192 Schakowsky Frankel Lynch Allen DeFazio Johnson (LA) Aderholt Gosar Palazzo Schiff Fudge Malinowski Allred DeGette Johnson (OH) Allen Gottheimer Palmer Schneider Gabbard Maloney, Amash DeLauro Johnson (SD) Amodei Granger Pence Schrader Gallego Carolyn B. Amodei DelBene Johnson (TX) Armstrong Graves (GA) Perry Garamendi Maloney, Sean Schrier Armstrong Delgado Jordan Arrington Graves (LA) Posey Garcı´a (IL) Massie Scott (VA) Axne Demings Joyce (OH) Babin Graves (MO) Ratcliffe Garcia (TX) Matsui Scott, David Babin DeSaulnier Joyce (PA) Bacon Green (TN) Reed Golden McAdams Serrano Bacon DesJarlais Kaptur Baird Griffith Reschenthaler Gomez McBath Sewell (AL) Baird Deutch Katko Balderson Grothman Rice (SC) Gonzalez (TX) McCollum Shalala Balderson Diaz-Balart Keating Banks Guest Riggleman Green (TX) McEachin Sherman Banks Dingell Keller Barr Guthrie Roby Grijalva McGovern Sherrill Barr Doggett Kelly (IL) Bergman Hagedorn Rodgers (WA) Haaland McNerney Sires Barraga´ n Doyle, Michael Kelly (MS) Biggs Harris Roe, David P. Harder (CA) Meeks Slotkin Bass F. Kelly (PA) Bilirakis Hartzler Rogers (AL) Hayes Meng Beatty Duffy Kennedy Bishop (UT) Hern, Kevin Smith (WA) Heck Moore Bera Duncan Khanna Bost Hice (GA) Rogers (KY) Soto Higgins (NY) Morelle Bergman Dunn Kildee Brady Higgins (LA) Rooney (FL) Spanberger Hill (CA) Mucarsel-Powell Beyer Emmer Kilmer Brooks (AL) Hill (AR) Rose, John W. Speier Himes Murphy Biggs Engel Kim Brooks (IN) Hollingsworth Rouzer Stanton Horn, Kendra S. Nadler Bilirakis Escobar Kind Buchanan Hudson Roy Stevens Horsford Napolitano Bishop (GA) Eshoo King (IA) Buck Huizenga Rutherford Suozzi Houlahan Neal Bishop (UT) Espaillat King (NY) Bucshon Hunter Scalise Swalwell (CA) Hoyer Neguse Blumenauer Estes Kinzinger Budd Hurd (TX) Schweikert Takano Huffman Norcross Blunt Rochester Evans Kirkpatrick Burchett Johnson (LA) Scott, Austin Thompson (CA) Jackson Lee Norton Bonamici Ferguson Krishnamoorthi Burgess Johnson (OH) Sensenbrenner Thompson (MS) Jayapal O’Halleran Bost Finkenauer Kuster (NH) Byrne Johnson (SD) Shimkus Titus Jeffries Ocasio-Cortez Boyle, Brendan Fitzpatrick Kustoff (TN) Calvert Jordan Simpson Tlaib Johnson (GA) Omar F. Fleischmann LaHood Carter (GA) Joyce (OH) Smith (MO) Tonko Johnson (TX) Pallone Brady Fletcher Lamb Carter (TX) Joyce (PA) Smith (NE) Torres (CA) Kaptur Panetta Brindisi Flores Lamborn Chabot Katko Smith (NJ) Torres Small Keating Pappas Brooks (AL) Fortenberry Langevin Cheney Keller Smucker (NM) Kelly (IL) Pascrell Brooks (IN) Foster Larsen (WA) Cline Kelly (MS) Spano Kennedy Payne Trahan Brown (MD) Foxx (NC) Larson (CT) Cloud Kelly (PA) Stauber Khanna Perlmutter Trone Brownley (CA) Frankel Latta Cole King (IA) Stefanik Kildee Peters Underwood Buchanan Fudge Lawrence Collins (GA) King (NY) Steil Kilmer Peterson Vargas Buck Fulcher Lawson (FL) Collins (NY) Kinzinger Steube Kim Phillips Veasey Bucshon Gabbard Lee (CA) Comer Kustoff (TN) Stewart Kind Pingree Vela Budd Gallagher Lee (NV) Conaway LaHood Stivers Kirkpatrick Plaskett Vela´ zquez Burchett Gallego Lesko Cook LaMalfa Taylor Krishnamoorthi Pocan Visclosky Burgess Garamendi Levin (CA) Crawford Lamborn Thompson (PA) Kuster (NH) Porter Wasserman Bustos Garcı´a (IL) Levin (MI) Crenshaw Latta Thornberry Lamb Pressley Schultz Butterfield Garcia (TX) Lewis Cunningham Lesko Timmons Langevin Price (NC) Waters Byrne Gianforte Lieu, Ted Davis, Rodney Long Tipton Larsen (WA) Quigley Watson Coleman Calvert Gibbs Lipinski DesJarlais Loudermilk Turner Larson (CT) Raskin Welch Carbajal Gohmert Loebsack Diaz-Balart Lucas Upton Lawrence Rice (NY) Wexton Ca´ rdenas Golden Lofgren Duffy Luetkemeyer Van Drew Lawson (FL) Richmond Wild Carson (IN) Gomez Long Duncan Marchant Wagner Lee (CA) Rose (NY) Wilson (FL) Carter (GA) Gonzalez (OH) Loudermilk Dunn Marshall Walberg Lee (NV) Rouda Yarmuth Carter (TX) Gonzalez (TX) Lowenthal Emmer Mast Walden Cartwright Gonza´ lez-Colo´ n Lowey Estes McCarthy NOT VOTING—10 Case (PR) Lucas Ferguson McCaul Walker Walorski Abraham Herrera Beutler Waltz Casten (IL) Gooden Luetkemeyer Fitzpatrick McClintock ´ Watkins Curtis Holding Yoho Castor (FL) Gosar Lujan Fleischmann McHenry Castro (TX) Weber (TX) Gaetz Moulton Gottheimer Luria Flores McKinley Chabot Granger Lynch Webster (FL) Hastings Radewagen Fortenberry Meadows Cheney Graves (GA) Malinowski Wenstrup Foxx (NC) Meuser ANNOUNCEMENT BY THE ACTING CHAIR Chu, Judy Graves (LA) Maloney, Westerman Fulcher Miller Cicilline Graves (MO) Carolyn B. Williams The Acting Chair (during the vote). Gallagher Mitchell Cisneros Green (TN) Maloney, Sean Wilson (SC) There is 1 minute remaining. Gianforte Moolenaar Clark (MA) Green (TX) Marchant Gibbs Mooney (WV) Wittman b 2259 Clarke (NY) Griffith Marshall Gohmert Mullin Womack Clay Grijalva Massie Gonzalez (OH) Newhouse Woodall So the amendment was rejected. Cleaver Grothman Mast Gonza´ lez-Colo´ n Norman Wright The result of the vote was announced Cline Guest Matsui (PR) Nunes Young as above recorded. Cloud Guthrie McAdams Gooden Olson Zeldin Clyburn Haaland McBath AMENDMENT NO. 50 OFFERED BY MS. BLUNT Cohen Hagedorn McCarthy NOES—236 ROCHESTER Cole Harder (CA) McCaul Adams Carbajal Courtney The Acting CHAIR. The unfinished Collins (GA) Hartzler McClintock Aguilar Ca´ rdenas Cox (CA) business is the demand for a recorded Collins (NY) Hayes McCollum Allred Carson (IN) Craig Comer Heck McEachin Amash Cartwright Crist vote on the amendment offered by the Conaway Hern, Kevin McGovern Axne Case Crow gentlewoman from Delaware (Ms. Connolly Hice (GA) McHenry Barraga´ n Casten (IL) Cuellar BLUNT ROCHESTER) on which further Cook Higgins (LA) McKinley Bass Castor (FL) Cummings proceedings were postponed and on Cooper Higgins (NY) McNerney Beatty Castro (TX) Davids (KS) Correa Hill (AR) Meadows Bera Chu, Judy Davidson (OH) which the ayes prevailed by voice vote. Costa Hill (CA) Meeks Beyer Cicilline Davis (CA) The Clerk will redesignate the Courtney Himes Meng Bishop (GA) Cisneros Davis, Danny K. amendment. Cox (CA) Hollingsworth Meuser Blumenauer Clark (MA) Dean The Clerk redesignated the amend- Craig Horn, Kendra S. Miller Blunt Rochester Clarke (NY) DeFazio ment. Crawford Horsford Mitchell Bonamici Clay DeGette Crenshaw Houlahan Moolenaar Boyle, Brendan Cleaver DeLauro RECORDED VOTE Crist Hoyer Mooney (WV) F. Clyburn DelBene The Acting CHAIR. A recorded vote Crow Hudson Moore Brindisi Cohen Delgado has been demanded. Cuellar Huffman Morelle Brown (MD) Connolly Demings Cummings Huizenga Mucarsel-Powell Brownley (CA) Cooper DeSaulnier A recorded vote was ordered. Cunningham Hunter Mullin Bustos Correa Deutch The Acting CHAIR. This will be a 2- Davids (KS) Hurd (TX) Murphy Butterfield Costa Dingell minute vote. Davis (CA) Jackson Lee Nadler

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.158 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4765 Napolitano Roybal-Allard Thompson (CA) [Roll No. 353] Kim Norton Spanberger Neal Ruiz Thompson (MS) Kind Nunes Spano Neguse Ruppersberger Thompson (PA) AYES—138 King (IA) O’Halleran Stanton Newhouse Rush Thornberry Barraga´ n Gabbard Omar King (NY) Olson Stauber Norcross Rutherford Timmons Bass Garamendi Pallone Kinzinger Palazzo Stefanik Norman Ryan Tipton Beatty Garcı´a (IL) Pappas Kirkpatrick Palmer Steil Norton Sablan Titus Beyer Garcia (TX) Pascrell Kustoff (TN) Panetta Steube Nunes San Nicolas Tlaib Blumenauer Green (TX) Payne LaHood Pence Stevens ´ O’Halleran Sanchez Tonko Blunt Rochester Grijalva Perlmutter LaMalfa Perry Stewart Ocasio-Cortez Sarbanes Torres (CA) Bonamici Hayes Pingree Lamb Peters Stivers Olson Scalise Lamborn Peterson Torres Small Boyle, Brendan Heck Pocan Suozzi Omar Scanlon Langevin Phillips (NM) F. Himes Porter Taylor Palazzo Schakowsky Latta Plaskett Trahan Brownley (CA) Horsford Pressley Thompson (PA) Pallone Schiff Lawson (FL) Posey Trone Carbajal Huffman Price (NC) Palmer Schneider Lee (NV) Ratcliffe Thornberry Turner Ca´ rdenas Jackson Lee Quigley Panetta Schrader Lesko Reed Timmons Underwood Carson (IN) Jayapal Raskin Tipton Pappas Schrier Cartwright Jeffries Rose (NY) Lipinski Reschenthaler Upton Torres (CA) Pascrell Schweikert Castor (FL) Johnson (GA) Roybal-Allard Loebsack Rice (NY) Van Drew Torres Small Payne Scott (VA) Chu, Judy Kelly (IL) Ruiz Long Rice (SC) Vargas (NM) Pence Scott, Austin Cicilline Kennedy Rush Loudermilk Richmond Veasey Trone Perlmutter Scott, David Cisneros Khanna Ryan Lowey Riggleman Vela Turner Perry Sensenbrenner Clark (MA) Kildee Sablan Lucas Roby ´ Peters Serrano Velazquez Clarke (NY) Krishnamoorthi San Nicolas Luetkemeyer Rodgers (WA) Underwood Peterson Sewell (AL) Visclosky Clay Kuster (NH) Sa´ nchez Luja´ n Roe, David P. Upton Phillips Shalala Wagner Clyburn Larsen (WA) Sarbanes Luria Rogers (AL) Van Drew Pingree Sherman Walberg Cohen Larson (CT) Scanlon Malinowski Rogers (KY) Veasey Plaskett Sherrill Walden Courtney Lawrence Schakowsky Maloney, Sean Rooney (FL) Vela Pocan Shimkus Walker Cummings Lee (CA) Schiff Marchant Rose, John W. Visclosky Porter Simpson Walorski Davids (KS) Levin (CA) Schrier Marshall Rouda Wagner Posey Sires Wasserman Davis (CA) Levin (MI) Scott, David Mast Rouzer Walberg Pressley Slotkin Schultz Davis, Danny K. Lewis Serrano McAdams Roy Walden Price (NC) Smith (MO) Waters Dean Lieu, Ted Shalala McBath Ruppersberger Walker Quigley Smith (NE) Watkins DeFazio Lofgren Sherman McCarthy Rutherford Walorski Raskin Smith (NJ) Watson Coleman DeGette Lowenthal Smith (WA) McCaul Scalise Wasserman Ratcliffe Smith (WA) Weber (TX) DeLauro Lynch Speier McClintock Schneider Schultz Reed Smucker Webster (FL) DelBene Maloney, Swalwell (CA) McCollum Schrader Watkins Reschenthaler Soto McEachin Schweikert Welch Delgado Carolyn B. Takano Weber (TX) Rice (NY) Spanberger McHenry Scott (VA) Wenstrup DeSaulnier Massie Thompson (CA) Webster (FL) Rice (SC) Spano McKinley Scott, Austin Westerman Deutch Matsui Thompson (MS) Wenstrup Richmond Speier Meadows Sensenbrenner Wexton Dingell McGovern Titus Riggleman Stanton Meuser Sewell (AL) Westerman Wild Doggett McNerney Tlaib Wexton Roby Stauber Doyle, Michael Meeks Tonko Miller Sherrill Rodgers (WA) Stefanik Williams Mitchell Shimkus Wild Wilson (FL) F. Meng Trahan Williams Roe, David P. Steil Engel Moore Vargas Moolenaar Simpson Wilson (SC) Wilson (SC) Rogers (AL) Steube Escobar Mucarsel-Powell Vela´ zquez Mooney (WV) Sires Wittman Wittman Rogers (KY) Stevens Eshoo Nadler Waters Morelle Slotkin Womack Womack Rooney (FL) Stewart Espaillat Napolitano Watson Coleman Mullin Smith (MO) Woodall Rose (NY) Stivers Evans Neal Welch Murphy Smith (NE) Woodall Rose, John W. Suozzi Wright Frankel Neguse Wilson (FL) Newhouse Smith (NJ) Wright Rouda Swalwell (CA) Yarmuth Fudge Ocasio-Cortez Yarmuth Norcross Smucker Young Rouzer Takano Young Norman Soto Zeldin Roy Taylor Zeldin NOES—289 ANSWERED ‘‘PRESENT’’—1 NOES—3 Adams Cole Gonza´ lez-Colo´ n Castro (TX) Arrington Davidson (OH) Harris Aderholt Collins (GA) (PR) Aguilar Collins (NY) Gooden NOT VOTING—10 NOT VOTING—11 Allen Comer Gosar Allred Abraham Herrera Beutler Waltz Abraham Herrera Beutler Radewagen Conaway Gottheimer Amash Connolly Granger Curtis Holding Yoho Curtis Holding Waltz Amodei Cook Graves (GA) Gaetz Moulton Gaetz LaMalfa Yoho Hastings Radewagen Hastings Moulton Armstrong Cooper Graves (LA) Arrington Correa Graves (MO) ANNOUNCEMENT BY THE ACTING CHAIR ANNOUNCEMENT BY THE ACTING CHAIR Axne Costa Green (TN) The Acting Chair (during the vote). The Acting Chair (during the vote). Babin Cox (CA) Griffith Bacon Craig Grothman There is 1 minute remaining. There is 1 minute remaining. Baird Crawford Guest b 2302 Balderson Crenshaw Guthrie Banks Crist Haaland b 2306 So the amendment was agreed to. Barr Crow Hagedorn So the amendment was rejected. The result of the vote was announced Bera Cuellar Harder (CA) Bergman Cunningham Harris The result of the vote was announced as above recorded. Biggs Davidson (OH) Hartzler as above recorded. AMENDMENT NO. 51 OFFERED BY MS. JAYAPAL Bilirakis Davis, Rodney Hern, Kevin AMENDMENT NO. 59 OFFERED BY MR. CROW The Acting CHAIR. The unfinished Bishop (GA) Demings Hice (GA) Bishop (UT) DesJarlais Higgins (LA) business is the demand for a recorded The Acting CHAIR. The unfinished Bost Diaz-Balart Higgins (NY) business is the demand for a recorded vote on the amendment offered by the Brady Duffy Hill (AR) gentlewoman from Washington (Ms. Brindisi Duncan Hill (CA) vote on the amendment offered by the Brooks (AL) Dunn Hollingsworth gentleman from Colorado (Mr. CROW) JAYAPAL) on which further proceedings Brooks (IN) Emmer Horn, Kendra S. on which further proceedings were were postponed and on which the noes Brown (MD) Estes Houlahan prevailed by voice vote. Buchanan Ferguson Hoyer postponed and on which the ayes pre- The Clerk will redesignate the Buck Finkenauer Hudson vailed by voice vote. amendment. Bucshon Fitzpatrick Huizenga The Clerk will redesignate the Budd Fleischmann Hunter amendment. The Clerk redesignated the amend- Burchett Fletcher Hurd (TX) ment. Burgess Flores Johnson (LA) The Clerk redesignated the amend- Bustos Fortenberry Johnson (OH) RECORDED VOTE ment. Butterfield Foster Johnson (SD) RECORDED VOTE The Acting CHAIR. A recorded vote Byrne Foxx (NC) Johnson (TX) has been demanded. Calvert Fulcher Jordan The Acting CHAIR. A recorded vote A recorded vote was ordered. Carter (GA) Gallagher Joyce (OH) has been demanded. Carter (TX) Gallego Joyce (PA) The Acting CHAIR. This will be a 2- Case Gianforte Kaptur A recorded vote was ordered. minute vote. Casten (IL) Gibbs Katko The Acting CHAIR. This will be a 2- The vote was taken by electronic de- Chabot Gohmert Keating minute vote. vice, and there were—ayes 138, noes 289, Cheney Golden Keller The vote was taken by electronic de- Cleaver Gomez Kelly (MS) answered ‘‘present’’ 1, not voting 10, as Cline Gonzalez (OH) Kelly (PA) vice, and there were—ayes 277, noes 151, follows: Cloud Gonzalez (TX) Kilmer not voting 10, as follows:

VerDate Sep 11 2014 09:06 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.105 H18JNPT1 H4766 CONGRESSIONAL RECORD — HOUSE June 18, 2019 [Roll No. 354] NOES—151 [Roll No. 355] AYES—277 Aderholt Gibbs Palmer AYES—404 Allen Gohmert Pence Adams Gottheimer Omar Amash Gooden Perry Adams Delgado Kennedy Aguilar Green (TX) Pallone Armstrong Gosar Posey Aderholt Demings Khanna Allred Grijalva Panetta Arrington Granger Ratcliffe Aguilar DeSaulnier Kildee Amodei Guthrie Pappas Babin Graves (GA) Reschenthaler Allen DesJarlais Kilmer Axne Haaland Pascrell Bacon Graves (LA) Rice (SC) Allred Deutch Kim Barraga´ n Harder (CA) Payne Baird Graves (MO) Roby Amodei Diaz-Balart Kind Bass Hartzler Perlmutter Balderson Green (TN) Roe, David P. Armstrong Dingell King (IA) Beatty Hayes Peters Banks Griffith Rogers (AL) Axne Doggett King (NY) Barr Grothman Bera Heck Peterson Rogers (KY) Babin Doyle, Michael Kinzinger Bergman Guest Beyer Higgins (NY) Phillips Rose, John W. Bacon F. Kirkpatrick Bilirakis Hill (CA) Biggs Hagedorn Baird Duffy Pingree Rouzer Krishnamoorthi Bishop (GA) Himes Bishop (UT) Harris Balderson Duncan Kuster (NH) Plaskett Roy Blumenauer Hollingsworth Brady Hern, Kevin Banks Dunn Kustoff (TN) Pocan Rutherford Blunt Rochester Horn, Kendra S. Brooks (AL) Hice (GA) Barr Engel LaHood Porter Scalise Bonamici Horsford Brooks (IN) Higgins (LA) Barraga´ n Escobar LaMalfa Pressley Schweikert Bost Houlahan Buchanan Hill (AR) Bass Eshoo Lamb Price (NC) Scott, Austin Boyle, Brendan Hoyer Buck Hunter Beatty Espaillat Lamborn Quigley F. Hudson Bucshon Johnson (LA) Sensenbrenner Bera Estes Langevin Raskin Brindisi Huffman Budd Johnson (OH) Shimkus Bergman Evans Larsen (WA) Reed Brown (MD) Huizenga Burchett Jordan Simpson Beyer Ferguson Larson (CT) Rice (NY) Brownley (CA) Hurd (TX) Burgess Joyce (OH) Smith (MO) Biggs Finkenauer Latta Richmond Bustos Jackson Lee Byrne Joyce (PA) Smith (NE) Bilirakis Fitzpatrick Lawrence Butterfield Jayapal Riggleman Calvert Kelly (MS) Spano Bishop (GA) Fleischmann Lawson (FL) Carbajal Jeffries Rodgers (WA) Carter (GA) King (IA) Steil Blumenauer Fletcher Lee (CA) Ca´ rdenas Johnson (GA) Rooney (FL) Chabot King (NY) Steube Blunt Rochester Flores Lee (NV) Carson (IN) Johnson (SD) Rose (NY) Cheney Kustoff (TN) Stewart Bonamici Fortenberry Lesko Carter (TX) Johnson (TX) Rouda Cline LaHood Stivers Bost Foster Levin (CA) Cartwright Kaptur Roybal-Allard Cloud LaMalfa Taylor Boyle, Brendan Foxx (NC) Levin (MI) Case Katko Ruiz Cole Latta Thornberry F. Fudge Lewis Casten (IL) Keating Ruppersberger Collins (GA) Lesko Timmons Brady Fulcher Lieu, Ted Castor (FL) Keller Rush Comer Long Tipton Brindisi Gabbard Lipinski Castro (TX) Kelly (IL) Ryan Conaway Loudermilk Wagner Brooks (AL) Gallagher Loebsack Chu, Judy Kelly (PA) Sablan Cook Luetkemeyer Walberg Brooks (IN) Gallego Lofgren Craig Marchant Cicilline Kennedy San Nicolas Walden Brown (MD) Garamendi Long Crawford Marshall Cisneros Khanna Sa´ nchez Walker Brownley (CA) Garcia (TX) Loudermilk Crenshaw Massie Clark (MA) Kildee Sarbanes Walorski Buchanan Gianforte Lowenthal Davidson (OH) McClintock Clarke (NY) Kilmer Scanlon Buck Gibbs Lowey DesJarlais McHenry Watkins Clay Kim Schakowsky Bucshon Gohmert Lucas Doggett McKinley Weber (TX) Cleaver Kind Schiff Budd Golden Luetkemeyer Duffy Meadows Webster (FL) ´ Clyburn Kinzinger Schneider Burgess Gonzalez (OH) Lujan Duncan Meuser Wenstrup Cohen Kirkpatrick Bustos Gonzalez (TX) Luria Schrader Dunn Miller Westerman ´ ´ Collins (NY) Krishnamoorthi Butterfield Gonzalez-Colon Lynch Schrier Emmer Moolenaar Williams Connolly Kuster (NH) Byrne (PR) Malinowski Scott (VA) Estes Mooney (WV) Wilson (SC) Cooper Lamb Calvert Gooden Maloney, Scott, David Ferguson Mullin Wittman Correa Lamborn Carbajal Gosar Carolyn B. Serrano Flores Norman Womack Ca´ rdenas Gottheimer Maloney, Sean Costa Langevin Sewell (AL) Foxx (NC) Nunes Woodall Carson (IN) Granger Marshall Courtney Larsen (WA) Shalala Fulcher Olson Wright Carter (GA) Graves (GA) Mast Cox (CA) Larson (CT) Sherman Gianforte Palazzo Young Carter (TX) Graves (LA) Matsui Crist Lawrence Sherrill Cartwright Graves (MO) McAdams Crow Lawson (FL) Sires NOT VOTING—10 Case Green (TN) McBath Cuellar Lee (CA) Slotkin Abraham Herrera Beutler Waltz Casten (IL) Green (TX) McCarthy Cummings Lee (NV) Smith (NJ) Curtis Holding Castor (FL) Griffith McCaul Cunningham Levin (CA) Yoho Smith (WA) Gaetz Moulton Castro (TX) Grijalva McCollum Davids (KS) Levin (MI) Smucker Hastings Radewagen Chabot Grothman McEachin Davis (CA) Lewis Soto Cheney Guest McGovern Davis, Danny K. Lieu, Ted Spanberger ANNOUNCEMENT BY THE ACTING CHAIR Chu, Judy Guthrie McHenry Davis, Rodney Lipinski Speier The Acting Chair (during the vote). Cicilline Haaland McKinley Dean Loebsack Stanton Cisneros Hagedorn McNerney DeFazio Lofgren Stauber There is 1 minute remaining. Clark (MA) Harder (CA) Meeks DeGette Lowenthal Stefanik Clarke (NY) Hartzler Meng DeLauro Lowey Stevens Clay Hayes Meuser DelBene Lucas b 2310 Suozzi Cleaver Heck Miller Delgado Luja´ n Swalwell (CA) Cline Hern, Kevin Mitchell Demings Luria So the amendment was agreed to. Takano Cloud Hice (GA) Moolenaar DeSaulnier Lynch The result of the vote was announced Thompson (CA) Clyburn Higgins (LA) Mooney (WV) Deutch Malinowski Thompson (MS) as above recorded. Cohen Higgins (NY) Moore Diaz-Balart Maloney, Thompson (PA) Cole Hill (AR) Morelle Dingell Carolyn B. AMENDMENT NO. 61 OFFERED BY MR. COX OF Titus Collins (GA) Hill (CA) Mucarsel-Powell Doyle, Michael Maloney, Sean CALIFORNIA Tlaib Collins (NY) Himes Mullin F. Mast The Acting CHAIR. The unfinished Comer Hollingsworth Murphy Engel Matsui Tonko Torres (CA) business is the demand for a recorded Conaway Horn, Kendra S. Nadler Escobar McAdams Connolly Horsford Napolitano Eshoo McBath Torres Small vote on the amendment offered by the (NM) Cook Houlahan Neal Espaillat McCarthy gentleman from California (Mr. COX) Cooper Hoyer Neguse Trahan Evans McCaul Correa Hudson Newhouse Trone on which further proceedings were Finkenauer McCollum Costa Huffman Norcross Turner postponed and on which the ayes pre- Fitzpatrick McEachin Courtney Huizenga Norton Underwood Fleischmann McGovern vailed by voice vote. Cox (CA) Hurd (TX) Nunes Upton Fletcher McNerney The Clerk will redesignate the Craig Jackson Lee O’Halleran Van Drew Fortenberry Meeks amendment. Crawford Jayapal Ocasio-Cortez Foster Meng Vargas Crenshaw Jeffries Olson Frankel Mitchell Veasey The Clerk redesignated the amend- Crist Johnson (GA) Omar Fudge Moore Vela ment. Crow Johnson (LA) Palazzo Gabbard Morelle Vela´ zquez RECORDED VOTE Cuellar Johnson (OH) Pallone Gallagher Mucarsel-Powell Visclosky Cummings Johnson (SD) Palmer Gallego Murphy Wasserman The Acting CHAIR. A recorded vote Cunningham Johnson (TX) Panetta Garamendi Nadler Schultz has been demanded. Davids (KS) Joyce (OH) Pappas Waters Garcı´a (IL) Napolitano A recorded vote was ordered. Davis (CA) Joyce (PA) Pascrell Garcia (TX) Neal Watson Coleman Davis, Danny K. Kaptur Payne Golden Neguse Welch The Acting CHAIR. This will be a 2- Davis, Rodney Katko Pence Gomez Newhouse Wexton minute vote. Dean Keating Perlmutter Gonzalez (OH) Norcross Wild The vote was taken by electronic de- DeFazio Keller Perry Gonzalez (TX) Norton Wilson (FL) DeGette Kelly (IL) Peters Gonza´ lez-Colo´ n O’Halleran Yarmuth vice, and there were—ayes 404, noes 22, DeLauro Kelly (MS) Peterson (PR) Ocasio-Cortez Zeldin not voting 12, as follows: DelBene Kelly (PA) Pingree

VerDate Sep 11 2014 07:46 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.109 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4767 Plaskett Scott (VA) Tonko dress the House for 1 minute and to re- with PTSD a supportive community Pocan Scott, David Torres (CA) Porter Sensenbrenner Torres Small vise and extend his remarks.) that can stand together and learn from Pressley Serrano (NM) Mr. THOMPSON of Pennsylvania. others with firsthand experience. Price (NC) Sewell (AL) Trahan Mr. Speaker, I rise today to recognize They already have horses and goats Quigley Shalala Trone National Pollinators Week. at Living Waters Farm and hope to add Raskin Sherman Turner Reed Sherrill Underwood It is a time when we encourage pro- a garden soon. Reschenthaler Shimkus Upton tection of pollinator species—such as As PTSD Awareness Month begins, I Rice (NY) Simpson Van Drew honeybees, native bees, birds, bats, and Rice (SC) Sires want to thank Mr. Coyle and Mr. LAM- Vargas butterflies—as essential partners of Richmond Slotkin Veasey BERT for their service and dedication to Riggleman Smith (MO) Vela farmers and ranchers in producing other veterans. Rodgers (WA) Smith (NE) Vela´ zquez food. Roe, David P. Smith (NJ) Visclosky These pollinators are vital to keeping f Rogers (AL) Smith (WA) Wagner Rogers (KY) Smucker Walberg items like fruits, nuts, and vegetables Rooney (FL) Soto MODERNIZE THE TRUCK FLEET Walden in our diet, and healthy pollinator pop- Rose (NY) Spanberger Walker WEEK Rose, John W. Spano ulations are crucial to the continued Walorski Rouda Speier economic well-being of rural America (Mr. LAMALFA asked and was given Wasserman Rouzer Stanton Schultz and the U.S. economy. permission to address the House for 1 Roy Stauber Worldwide, approximately 1,000 minute and to revise and extend his re- Roybal-Allard Stefanik Waters Ruiz Steil Watkins plants grown for food, beverage, fiber, marks.) Watson Coleman Ruppersberger Steube spices, and medicines need to be polli- A Weber (TX) Mr. L MALFA. Mr. Speaker, I rise Rush Stevens nated by animals to produce the goods today to highlight this week as the Rutherford Stewart Welch Ryan Stivers Wenstrup we depend upon. first-ever Modernize the Truck Fleet Sablan Suozzi Westerman The number of honeybee hives has Week. San Nicolas Swalwell (CA) Wexton declined from 6 million in the 1940s to Sa´ nchez Takano Wild Currently, the average age of heavy- Sarbanes Taylor Williams about 2.5 million today, and we need to duty trucks on the road is nearly 10 Scalise Thompson (CA) Wilson (FL) increase these habitats. years old. That is a decade’s worth of Scanlon Thompson (MS) Wilson (SC) American farmers have no better technology and improvements that Schakowsky Thompson (PA) Wittman Schiff Thornberry Womack friend than the honeybee, and more have effectively been sidelined. Schneider Timmons Woodall than one third of the U.S. crops require One big reason for this is the 12 per- Schrader Tipton Yarmuth pollination, including blueberries, cent Federal excise tax, known as the Schrier Titus Young Schweikert Tlaib Zeldin chocolate, coffee, melons, peaches, FET, on the sale of most heavy-duty pumpkins, vanilla, and almonds. new trucks. NOES—22 Mr. Speaker, as one who has had a This tax was implemented over 100 Amash Hunter Posey beehive in my backyard, I fully support years ago as a means of paying for Arrington Jordan Ratcliffe efforts to raise awareness and keep our Bishop (UT) Marchant Roby World War I and is now the highest per- Burchett Massie Scott, Austin pollinators buzzing for generations to centage tax Congress imposes on any Davidson (OH) McClintock Webster (FL) come. product. Emmer Meadows Wright Gomez Norman f It can tack on an additional $20,000 to Harris Phillips the price of a new truck, which most RECOGNIZING VETERANS TRAVIS NOT VOTING—12 COYLE AND MARK LAMBERT truck owners simply cannot afford. Abraham Garcı´a (IL) Moulton This severely outdated tax discour- Curtis Hastings Radewagen (Mr. CLINE asked and was given per- ages the purchase of newer, safer, more Frankel Herrera Beutler Waltz mission to address the House for 1 fuel-efficient, environmentally friendly Gaetz Holding Yoho minute and to revise and extend his re- trucks. ANNOUNCEMENT BY THE ACTING CHAIR marks.) It is time to get rid of this tax. That The Acting CHAIR (during the vote). Mr. CLINE. Mr. Speaker, America is why I have introduced H.R. 2381, the There is 1 minute remaining. would not be the greatest Nation in the Modern, Clean, and Safe Trucks Act, world today without the valiant effort which repeals the FET. b 2316 of our military personnel. The FET maybe made sense when it The reason we are the greatest coun- So the amendment was agreed to. was implemented 100 years ago, but, try in the world is because we have the The result of the vote was announced just like the trucks that were designed strongest, most dedicated men and as above recorded. in 1917, it is no longer viable in the women on the frontlines defending our Mr. HOYER. Madam Chair, I move modern world. freedoms. that the Committee do now rise. Mr. Speaker, I urge my colleagues to Unfortunately, many soldiers come support this bipartisan bill. The motion was agreed to. home with scars: some visible, some Accordingly, the Committee rose; not. f and the Speaker pro tempore (Mr. Today, I want to take the oppor- HORSFORD) having assumed the chair, tunity to recognize two veterans from RECESS Ms. DEGETTE, Acting Chair of the Com- Virginia’s Sixth District who started The SPEAKER pro tempore. Pursu- mittee of the Whole House on the state an organization called the Living of the Union, reported that the Com- ant to clause 12(a) of rule I, the Chair Waters Farm Initiative. declares the House in recess subject to mittee, having had under consideration Travis Coyle and Mark Lambert re- the bill (H.R. 2740) making appropria- the call of the Chair. turned home from the war in Afghani- Accordingly (at 11 o’clock and 24 tions for the Departments of Labor, stan and began experiencing symptoms Health and Human Services, and Edu- minutes p.m.), the House stood in re- of posttraumatic stress disorder. cess. cation, and related agencies for the fis- After receiving help through the De- cal year ending September 30, 2020, and partment of Veterans Affairs, equine f for other purposes, had come to no res- therapy, their faith, and realizing that olution thereon. sufferers from PTSD do not have to b 0109 f bear this burden alone, Travis and Mark decided they would like to pro- AFTER RECESS CELEBRATING NATIONAL vide similar support to other service- The recess having expired, the House POLLINATORS WEEK members. was called to order by the Speaker pro (Mr. THOMPSON of Pennsylvania The Living Waters Farm Initiative tempore (Mr. DESAULNIER) at 1 o’clock asked and was given permission to ad- was started to provide those living and 9 minutes a.m.

VerDate Sep 11 2014 09:06 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.106 H18JNPT1 H4768 CONGRESSIONAL RECORD — HOUSE June 18, 2019 REPORT ON RESOLUTION PRO- sideration of the bill (H.R. 2740) mak- ENROLLED BILL SIGNED VIDING FOR CONSIDERATION OF ing appropriations for the Departments Cheryl L. Johnson, Clerk of the H.R. 3055, COMMERCE, JUSTICE, of Labor, Health and Human Services, House, reported and found truly en- SCIENCE, AND RELATED AGEN- and Education, and related agencies for rolled a bill of the House of the fol- CIES APPROPRIATIONS ACT, 2020; the fiscal year ending September 30, lowing title, which was thereupon RELATING TO CONSIDERATION 2020, and for other purposes; and pro- signed by the Speaker: OF H.R. 2740, DEPARTMENTS OF viding for proceedings during the pe- LABOR, HEALTH AND HUMAN riod from June 28, 2019, through July 8, H.R. 299. An act to amend title 38, United SERVICES, AND EDUCATION, AND States Code, to clarify presumptions relating 2019, which was referred to the House to the exposure of certain veterans who RELATED AGENCIES APPROPRIA- Calendar and ordered to be printed. served in the vicinity of the Republic of TIONS ACT, 2020; AND PROVIDING Vietnam, and for other purposes. FOR PROCEEDINGS DURING THE f PERIOD FROM JUNE 28, 2019 f THROUGH JULY 8, 2019 HOUR OF MEETING ON TODAY Mr. MCGOVERN. Mr. Speaker, I ask Mr. MCGOVERN, from the Com- ADJOURNMENT mittee on Rules, submitted a privi- unanimous consent that when the leged report (Rept. No. 116–119) on the House adjourns today, it adjourn to Mr. MCGOVERN. Mr. Speaker, I resolution (H. Res. 445) providing for meet at 10 a.m. today for morning-hour move that the House do now adjourn. consideration of the bill (H.R. 3055) debate and noon for legislative busi- The motion was agreed to; accord- making appropriations for the Depart- ness. ingly (at 1 o’clock and 11 minutes ments of Commerce and Justice, The SPEAKER pro tempore. Is there a.m.), under its previous order, the Science, and Related Agencies for the objection to the request of the gen- House adjourned until today, Wednes- fiscal year ending September 30, 2020, tleman from Massachusetts? day, June 19, 2019, at 10 a.m. for morn- and for other purposes; relatingh to con- There was no objection. ing-hour debate. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the first quarter of 2019, pursuant to Public Law 95–384, are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2019

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Robert Aderholt ...... 2/16 2/17 Germany ...... Euro 550.72 ...... 550.72 2/17 2/18 France ...... Euro 792.00 ...... 792.00 2/18 2/20 Cyprus ...... Euro 548.89 ...... 548.89 2/20 2/23 Austria ...... Euro 1,684.21 ...... 1,684.21 Hon. Sheila Jackson Lee ...... 2/16 2/17 Germany ...... Euro 523.64 ...... 523.64 2/17 2/18 France ...... Euro 792.00 ...... 792.00 2/18 2/20 Cyprus ...... Euro 487.12 ...... 487.12 2/20 2/23 Austria ...... Euro 1,684.21 ...... 1,684.21 Hon. Gwen Moore ...... 2/16 2/17 Germany ...... Euro 523.64 ...... 523.64 2/17 2/18 France ...... Euro 792.00 ...... 792.00 2/18 2/20 Cyprus ...... Euro 487.12 ...... 487.12 2/20 2/23 Austria ...... Euro 1,684.21 ...... 1,684.21 Hon. Steve Cohen ...... 2/16 2/17 Germany ...... Euro 550.72 ...... 5,823.63 ...... 6,374.35 2/17 2/19 France ...... Euro 1,409.00 ...... 1,409.00 Hon. Richard Hudson ...... 2/19 2/23 Austria ...... Euro 2,260.84 ...... 13,113.13 ...... 15,373.97 Alex Johnson ...... 3/24 3/27 Austria ...... Euro 986.22 ...... 13,131.63 ...... 14,117.85 Mischa Thompson ...... 3 /18 3 /23 Belgium ...... Euro 2,169.00 ...... 13,996.93 ...... 16,165.93 Erika Schlager ...... 3 /18 3 /23 Belgium ...... Euro 2,169.00 ...... 12,684.93 ...... 14,853.93 Paul Massaro ...... 3/16 3/22 France ...... Euro 2,926.00 ...... 8,847.43 ...... 11,773.43 Committee total ...... 23,020.54 ...... 67,597.68 ...... 90,618.22 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. ALCEE L. HASTINGS, May 30, 2019. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, the attached estimate of the costs of H.R. 3253, Empowering Beneficiaries, Ensuring Access, and Strengthening Accountability Act of 2019, for printing in the CONGRESSIONAL RECORD.

ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3253

By fiscal year, in millions of dollars— 2019– 2019– 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2024 2029

NET INCREASE OR DECREASE (¥) IN THE DEFICIT Statutory Pay-As-You-Go Impact ...... 202 ¥23 37 278 398 145 16 ¥195 ¥348 ¥410 792 0 Components may not sum to totals because of rounding.

EXECUTIVE COMMUNICATIONS, 1325. A letter from the Director, Issuances suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- ETC. Staff, Food Safety and Inspection Service, 121, Sec. 251; (110 Stat. 868); to the Committee Department of Agriculture, transmitting the on Agriculture. Under clause 2 of rule XIV, executive Department’s final rule — Eligibility of Hon- 1326. A letter from the Deputy Secretary, communications were taken from the duras To Export Poultry Products to the National Institute of Food and Agriculture, Speaker’s table and referred as follows: United States [Docket No.: FSIS-2017-0026] (RIN: 0583-AD58) received June 13, 2019, pur-

VerDate Sep 11 2014 09:06 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K18JN7.170 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4769 Department of Agriculture, transmitting the Stat. 868); to the Committee on Energy and rule — Release of Information from Depart- Department’s final rule — Hispanic-Serving Commerce. ment of Veterans Affairs’ Records (RIN: 2900- Agricultural Colleges and Universities 1335. A letter from the Director, Regu- AQ27) received June 13, 2019, pursuant to 5 (HSACU) Certification Process (RIN: 0524- latory Management Division, Environmental U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. AA39) received June 13, 2019, pursuant to 5 Protection Agency, transmitting the Agen- 251; (110 Stat. 868); to the Committee on Vet- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. cy’s final rule — Air Plan Approval; Illinois; erans’ Affairs. 251; (110 Stat. 868); to the Committee on Ag- Infrastructure SIP Requirements for the 2012 1344. A letter from the Program Specialist, riculture. PM2.5 NAAQS; Interstate Transport [EPA- Office of Regulation Policy and Manage- 1327. A letter from the Acting Secretary, R05-OAR-2017-0583; FRL-9995-30-Region 5] re- ment, Office of the Secretary (00REG), De- Department of Defense, transmitting a letter ceived June 13, 2019, pursuant to 5 U.S.C. partment of Veterans Affairs, transmitting on the approved retirement of General Rob- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 the Department’s final rule — Prohibition of ert B. Neller, United States Marine Corps, Stat. 868); to the Committee on Energy and Interment or Memorialization of Persons and his advancement to the grade of general Commerce. Who Have Been Convicted of Federal or on the retired list, pursuant to 10 U.S.C. 1336. A letter from the Director, Regu- State Capital Crimes or Certain Sex Offenses 1370(c)(1); Public Law 96-513, Sec. 112 (as latory Management Division, Environmental (RIN: 2900-AQ36) received June 13, 2019, pur- amended by Public Law 104-106, Sec. 502(b)); Protection Agency, transmitting the Agen- suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- (110 Stat. 293); to the Committee on Armed cy’s final rule — Bacillus amyloliquefaciens 121, Sec. 251; (110 Stat. 868); to the Committee Services. subspecies plantarum strain FZB42; Exemp- on Veterans’ Affairs. 1328. A letter from the Acting Secretary, tion From the Requirement of a Tolerance 1345. A communication from the President Department of Defense, transmitting a letter [EPA-HQ-OPP-2014-0560; FRL-9994-90] re- of the United States, transmitting a notifi- on the approved retirement of Lieutenant ceived June 13, 2019, pursuant to 5 U.S.C. cation that the Trade Representative has General Michael G. Dana, United States Ma- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 been directed to pursue negotiation of agree- rine Corps, and his advancement to the grade Stat. 868); to the Committee on Energy and ments to address the threatened impairment of lieutenant general on the retired list, pur- Commerce. of the national security with respect to im- suant to 10 U.S.C. 1370(c)(1); Public Law 96- 1337. A letter from the Chairman, Nuclear ported automobiles and certain automobile 513, Sec. 112 (as amended by Public Law 104- Regulatory Commission, transmitting the parts from the European Union, Japan, and 106, Sec. 502(b)); (110 Stat. 293); to the Com- Commission’s report titled ‘‘Report to Con- any other country the Trade Representative mittee on Armed Services. gress on Abnormal Occurrences: Fiscal Year deems appropriate, pursuant to 19 U.S.C. 1329. A letter from the Deputy Secretary, 2018’’, pursuant to Sec. 208 of the Energy Re- 1862(c)(2); Public Law 87-794, Sec. 232 (Public Securities and Exchange Commission, trans- organization Act of 1974, as amended (Public Law 100-418, Sec. 1501(a)(3); (102 Stat. 1258) (H. mitting the Commission’s interim final rule Law 93-438), and the Federal Reports Elimi- Doc. No. 116—40); to the Committee on Ways — Amendments to the Timing Requirements nation and Sunset Act of 1995 (Public Law and Means and ordered to be printed. for Filing Reports on Form N-Port [Release 104-66); to the Committee on Energy and f No.: IC-33384; File No.: S7-02-19] (RIN: 3235- Commerce. AL42) received June 13, 2019, pursuant to 5 1338. A letter from the Assistant Secretary, REPORTS OF COMMITTEES ON U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Industry and Analysis, Bureau of Industry PUBLIC BILLS AND RESOLUTIONS 251; (110 Stat. 868); to the Committee on Fi- and Security, Department of Commerce, nancial Services. transmitting the Department’s interim final Under clause 2 of rule XIII, reports of 1330. A letter from the Acting Secretary, rule — Implementation of New Commerce committees were delivered to the Clerk Securities and Exchange Commission, trans- Section 232 Exclusions Portal [Docket No.: for printing and reference to the proper mitting the Commission’s final rule — 180227217-8217-03] (RIN: 0694-AH55) received calendar, as follows: Amendment to Single Issuer Exemption for June 13, 2019, pursuant to 5 U.S.C. Mr. TAKANO: Committee on Veterans’ Af- Broker-Dealers [Release No.: 34-86073; File 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 fairs. H.R. 2109. A bill to amend title 38, No.: S7-21-18] (RIN: 3235-AM47) received June Stat. 868); to the Committee on Foreign Af- United States Code, to authorize the Sec- 13, 2019, pursuant to 5 U.S.C. 801(a)(1)(A); fairs. retary of Veterans Affairs, in awarding a Public Law 104-121, Sec. 251; (110 Stat. 868); to 1339. A letter from the Associate General contract for the procurement of goods or the Committee on Financial Services. Counsel, Department of Agriculture, trans- services, to give a preference to offerors that 1331. A letter from the Secretary, Depart- mitting nine (9) notifications of a nomina- employ veterans (Rept. 116–117). Referred to ment of Education, transmitting the Depart- tion or action on nomination, pursuant to 5 the Committee of the Whole House on the ment’s final regulations — Outdated Regula- U.S.C. 3349(a); Public Law 105-277, 151(b); (112 state of the Union. tions-Expanding Opportunity Through Qual- Stat. 2681-614); to the Committee on Over- Mr. TAKANO: Committee on Veterans’ Af- ity Charter Schools Program (CSP)-Grants sight and Reform. fairs. H.R. 2196. A bill to amend title 38, for Credit Enhancement for Charter School 1340. A letter from the Attorney — Advisor, United States Code, to reduce the credit Facilities (RIN: 1810-AB56) received June 13, U.S. Coast Guard, Department of Homeland hour requirement for the Edith Nourse Rog- 2019, pursuant to 5 U.S.C. 801(a)(1)(A); Public Security, transmitting the Department’s ers STEM Scholarship program of the De- Law 104-121, Sec. 251; (110 Stat. 868); to the final rule — Navigation and Navigable partment of Veterans Affairs (Rept. 116–118). Committee on Education and Labor. Waters, and Shipping; Technical, Organiza- Referred to the Committee of the Whole 1332. A letter from the Secretary, Depart- tional, and Conforming Amendments [Dock- House on the state of the Union. ment of Education, transmitting the Depart- et No.: USCG-2018-0874) received June 13, Mr. MCGOVERN: Committee on Rules. ment’s final rule — Title I--Improving the 2019, pursuant to 5 U.S.C. 801(a)(1)(A); Public House Resolution 445. A resolution providing Academic Achievement of the Disadvantaged Law 104-121, Sec. 251; (110 Stat. 868); to the for consideration of the bill (H.R. 3055) mak- and General Provisions; Technical Amend- Committee on Transportation and Infra- ing appropriations for the Departments of ments [Docket ID: ED-2018-OESE-0106] (RIN: structure. Commerce and Justice, Science, and Related 1810-AB47) (RIN: 1810-AB55) received June 13, 1341. A letter from the Senior Attorney, Of- Agencies for the fiscal year ending Sep- 2019, pursuant to 5 U.S.C. 801(a)(1)(A); Public fice of Chief Counsel, Federal Railroad Ad- tember 30, 2020, and for other purposes; relat- Law 104-121, Sec. 251; (110 Stat. 868); to the ministration, transmitting the Administra- ing to consideration of the bill (H.R. 2740) Committee on Education and Labor. tion’s final rule — Training, Qualification, making appropriations for the Departments 1333. A letter from the Division Director, and Oversight for Safety-Related Railroad of Labor, Health and Human Services, and Division of Policy, Legislation and Regula- Employees [Docket No.: FRA-2009-0033, No- Education, and related agencies for the fiscal tion, Employment and Training Administra- tice No.: 6] (RIN: 2130-AC70) received June 13, year ending September 30, 2020, and for other tion, Department of Labor, transmitting the 2019, pursuant to 5 U.S.C. 801(a)(1)(A); Public purposes; and providing for proceedings dur- Department’s interim final rule — Labor Law 104-121, Sec. 251; (110 Stat. 868); to the ing the period from June 28, 2019, through Certification Process for Temporary Em- Committee on Transportation and Infra- July 8, 2019 (Rept. 116–119). Referred to the ployment in the Commonwealth of the structure. House Calendar. Northern Mariana Islands (CW-1 Workers) 1342. A letter from the Attorney Advisor, [DOL Docket No.: ETA-2019-0001] (RIN: 1205- Office of Chief Counsel, Federal Railroad Ad- CONSENSUS CALENDAR AB92) received June 13, 2019, pursuant to 5 ministration, transmitting the Administra- Under clause 7 of rule XV, the fol- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. tion’s final rule — System Safety Program lowing motion was filed with the Clerk: 251; (110 Stat. 868); to the Committee on Edu- [Docket No.: FRA-2011-0060, Notice No.: 9] Motion No. 4, June 18, 2019 by Ms. Lof- cation and Labor. (RIN: 2130-AC79) received June 13, 2019, pur- gren on H.R. 1044. 1334. A letter from the Director, Regu- suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- f latory Management Division, Environmental 121, Sec. 251; (110 Stat. 868); to the Committee Protection Agency, transmitting the Agen- on Transportation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS cy’s final rule — 24-Epibrassinolide; Exemp- 1343. A letter from the Regulations Devel- tion from the Requirement of a Tolerance opment Coordinator, Office of Regulations Under clause 2 of rule XII, public [EPA-HQ-OPP-2017-0487; FRL-9993-15] re- Policy and Management, Office of the Sec- bills and resolutions of the following ceived June 13, 2019, pursuant to 5 U.S.C. retary (00REG), Department of Veterans Af- titles were introduced and severally re- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 fairs, transmitting the Department’s final ferred, as follows:

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By Mr. DANNY K. DAVIS of Illinois: riod to be subsequently determined by the By Ms. HAALAND (for herself, Ms. LEE H.R. 3298. A bill to increase entitlement Speaker, in each case for consideration of of California, Ms. NORTON, Mr. funding for child care; to the Committee on such provisions as fall within the jurisdic- RASKIN, Mr. POCAN, Mr. LARSON of Ways and Means. tion of the committee concerned. Connecticut, Mr. HORSFORD, and Ms. By Ms. JUDY CHU of California (for By Mr. PASCRELL (for himself, Miss MENG): herself and Mr. LEVIN of Michigan): GONZA´ LEZ-COLO´ N of Puerto Rico, Mr. H.R. 3315. A bill to establish universal H.R. 3299. A bill to permit legally married BEYER, Ms. DELBENE, Mrs. WATSON child care and early learning programs; to same-sex couples to amend their filing sta- COLEMAN, Mr. SOTO, Ms. LEE of Cali- the Committee on Education and Labor. tus for income tax returns outside the stat- fornia, Ms. VELA´ ZQUEZ, Mr. HIGGINS By Mr. HIGGINS of New York (for him- ute of limitations, to amend the Internal of New York, Mr. SABLAN, Mr. SAN self and Mr. KELLY of Pennsylvania): Revenue Code of 1986 to clarify that all pro- NICOLAS, and Mr. DANNY K. DAVIS of H.R. 3316. A bill to amend the Internal Rev- visions shall apply to legally married same- Illinois): enue Code of 1986 to allow a credit against sex couples in the same manner as other H.R. 3307. A bill to amend the Internal Rev- tax for neighborhood revitalization, and for married couples, and for other purposes; to enue Code of 1986 to provide for payments to other purposes; to the Committee on Ways the Committee on Ways and Means. possessions of the United States related to and Means. By Mr. NEAL: the application of the earned income tax By Mr. HILL of Arkansas: H.R. 3300. A bill to amend the Internal Rev- credit in such possessions; to the Committee H.R. 3317. A bill to permit the Scipio A. enue Code of 1986 to provide tax relief for on Ways and Means. Jones Post Office in Little Rock, Arkansas, workers and families, and for other purposes; By Ms. BONAMICI (for herself, Mr. to accept and display a portrait of Scipio A. to the Committee on Ways and Means. LANGEVIN, and Ms. STEFANIK): Jones, and for other purposes; to the Com- By Mr. THOMPSON of California: H.R. 3308. A bill to amend the American In- mittee on Oversight and Reform. H.R. 3301. A bill to amend the Internal Rev- novation and Competitiveness Act and the By Mr. JOYCE of Pennsylvania (for enue Code of 1986 to extend certain expiring National Science Foundation Act of 2002 to himself and Mr. ROGERS of Alabama): provisions, to provide disaster relief, and for incorporate art and design into certain H.R. 3318. A bill to require the Transpor- other purposes; to the Committee on Ways STEM education programs; to the Com- tation Security Administration to establish and Means. mittee on Science, Space, and Technology, a task force to conduct an analysis of emerg- By Ms. FINKENAUER (for herself, Mr. and in addition to the Committee on Edu- ing and potential future threats to transpor- KIND, Mr. SMITH of Nebraska, Mr. cation and Labor, for a period to be subse- tation security, and for other purposes; to LAHOOD, and Ms. SEWELL of Ala- quently determined by the Speaker, in each the Committee on Homeland Security. bama): case for consideration of such provisions as By Mr. KELLY of Mississippi: H.R. 3302. A bill to amend title XVIII of the fall within the jurisdiction of the committee H.R. 3319. A bill to streamline the applica- Social Security Act to improve the accuracy concerned. tion process for H-2A employers and for of geographic adjustment factors under the By Mr. BROWN of Maryland: other purposes; to the Committee on the Ju- Medicare program and to permanently ex- H.R. 3309. A bill to direct the Secretary of diciary. tend certain adjustments to such factors for Defense to report on vulnerabilities from sea By Mr. KING of New York (for himself, certain localities, and for other purposes; to level rise to certain military installations Mr. THOMPSON of Mississippi, Miss the Committee on Energy and Commerce, located outside the continental United RICE of New York, Mr. CORREA, Mr. and in addition to the Committee on Ways States; to the Committee on Armed Services. ROGERS of Alabama, Mr. ROSE of New and Means, for a period to be subsequently By Ms. JACKSON LEE: York, and Mr. PAYNE): determined by the Speaker, in each case for H.R. 3310. A bill to direct the Secretary of H.R. 3320. A bill to amend the Homeland consideration of such provisions as fall with- Homeland Security to conduct a study on Security Act of 2002 to authorize the Sec- in the jurisdiction of the committee con- how to improve training and support for retary of Homeland Security to implement cerned. local emergency response providers in areas certain requirements for information relat- By Ms. DEGETTE (for herself, Mrs. with high concentrations of covered chem- ing to supply chain risk, and for other pur- BROOKS of Indiana, Mr. MCADAMS, ical facilities in how to respond to a terrorist poses; to the Committee on Homeland Secu- and Mr. LAMBORN): attack on a chemical facility; to the Com- rity. H.R. 3303. A bill to establish the Commis- mittee on Homeland Security, and in addi- By Mr. LANGEVIN (for himself, Ms. sion on the State of U.S. Olympics and tion to the Committee on Energy and Com- BONAMICI, and Ms. STEFANIK): Paralympics; to the Committee on the Judi- merce, for a period to be subsequently deter- H.R. 3321. A bill to amend the STEM Edu- ciary. mined by the Speaker, in each case for con- cation Act of 2015 to require the National By Mr. COHEN (for himself, Mr. CLINE, sideration of such provisions as fall within Science Foundation to promote the integra- Mr. BURCHETT, and Ms. DEAN): the jurisdiction of the committee concerned. tion of art and design in STEM education, H.R. 3304. A bill to exempt for an addi- By Mr. CLINE (for himself, Mr. and for other purposes; to the Committee on tional 4-year period, from the application of CICILLINE, Mr. COLLINS of Georgia, Science, Space, and Technology. the means-test presumption of abuse under and Mr. COHEN): By Mr. LOEBSACK: chapter 7, qualifying members of reserve H.R. 3311. A bill to amend chapter 11 of H.R. 3322. A bill to provide for grants for components of the Armed Forces and mem- title 11, United States Code, to address reor- energy efficiency improvements and renew- bers of the National Guard who, after Sep- ganization of small businesses, and for other able energy improvements at public school tember 11, 2001, are called to active duty or purposes; to the Committee on the Judici- facilities; to the Committee on Education to perform a homeland defense activity for ary. and Labor. not less than 90 days; to the Committee on By Mr. ESPAILLAT (for himself and By Mrs. CAROLYN B. MALONEY of the Judiciary. Mr. VARGAS): New York (for herself and Mr. CLY- By Mrs. LURIA (for herself, Mr. SCOTT H.R. 3312. A bill to amend the Immigration BURN): of Virginia, Mr. MCEACHIN, Ms. and Nationality Act to provide for an exten- H.R. 3323. A bill to amend the Internal Rev- SPANBERGER, Ms. WEXTON, Mr. sion of the application period for certain enue Code of 1986 to repeal certain rules re- RIGGLEMAN, Mr. GRIFFITH, Mr. CON- aliens present in the United States for ad- lated to the determination of unrelated busi- NOLLY, Mr. BEYER, Mr. WITTMAN, and justment of status; to the Committee on the ness taxable income, to provide that reim- Mr. CLINE): Judiciary. bursements for costs of using passenger H.R. 3305. A bill to designate the facility of By Ms. FOXX of North Carolina (for automobiles for charitable organizations are the United States Postal Service located at herself and Ms. SPEIER): excluded from gross income, to make the 2509 George Mason Drive in Virginia Beach, H.R. 3313. A bill to amend title 10, United employer credit for paid family and medical Virginia, as the ‘‘Ryan Keith Cox Post Office States Code, to require the Secretary of De- leave available to tax-exempt eligible em- Building’’; to the Committee on Oversight fense to develop guidelines and resources on ployers, and for other purposes; to the Com- and Reform. the acquisition or licensing of intellectual mittee on Ways and Means. By Mrs. LURIA (for herself, Mr. property, and for other purposes; to the Com- By Mr. MAST (for himself and Mr. RIGGLEMAN, Mr. LAMB, and Mr. WITT- mittee on Armed Services. POSEY): MAN): By Mr. GOSAR (for himself, Mr. H.R. 3324. A bill to modify the project for H.R. 3306. A bill to direct the Secretary of O’HALLERAN, Mrs. KIRKPATRICK, Mr. Central and Southern Florida to include pub- Energy to establish advanced nuclear goals, GRIJALVA, Mr. BIGGS, Mr. lic health considerations, and for other pur- provide for a versatile, reactor-based fast SCHWEIKERT, Mr. GALLEGO, Mrs. poses; to the Committee on Transportation neutron source, make available high-assay, LESKO, and Mr. STANTON): and Infrastructure. low-enriched uranium for research, develop- H.R. 3314. A bill to designate the facility of By Mr. MCEACHIN (for himself, Mr. ment, and demonstration of advanced nu- the United States Postal Service located at OLSON, Mr. KIM, Mrs. BROOKS of Indi- clear reactor concepts, and for other pur- 1750 McCulloch Boulevard North in Lake ana, Mr. BRINDISI, and Mr. KUSTOFF poses; to the Committee on Science, Space, Havasu City, Arizona, as the ‘‘Lake Havasu of Tennessee): and Technology, and in addition to the Com- City Combat Veterans Memorial Post Office H.R. 3325. A bill to require the Federal mittees on Energy and Commerce, Oversight Building’’; to the Committee on Oversight Communications Commission to provide evi- and Reform, and Armed Services, for a pe- and Reform. dence of certain robocall violations to the

VerDate Sep 11 2014 07:58 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\L18JN7.100 H18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — HOUSE H4771 Attorney General; to the Committee on En- H. Res. 447. A resolution recognizing and Article I, Section 8 ergy and Commerce. commending the SummerSet DC Music Se- By Mr. BROWN of Maryland: By Mr. POSEY (for himself, Mr. MAST, ries and its performers and partners for bene- H.R. 3309. and Mr. ESPAILLAT): fiting the District of Columbia, District of Congress has the power to enact this legis- H.R. 3326. A bill to provide that a former Columbia regional residents, and visitors to lation pursuant to the following: Member of Congress or former senior Con- the Nation’s capital; to the Committee on Necessary and Proper Clause (Art. 1, Sec. 8, gressional employee who receives compensa- Oversight and Reform. Cl. 18) tion as a lobbyist shall not be eligible for re- f By Ms. JACKSON LEE: tirement benefits or certain other Federal H.R. 3310. benefits; to the Committee on House Admin- CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- istration, and in addition to the Committee STATEMENT lation pursuant to the following: on Oversight and Reform, for a period to be This bill is enacted pursuant to the power subsequently determined by the Speaker, in Pursuant to clause 7 of rule XII of granted to Congress under Article I, Section each case for consideration of such provi- the Rules of the House of Representa- 8, Clauses 1 and 18 of the United States Con- sions as fall within the jurisdiction of the tives, the following statements are sub- stitution. committee concerned. mitted regarding the specific powers By Mr. CLINE: By Mr. ROONEY of Florida: granted to Congress in the Constitu- H.R. 3311. H.R. 3327. A bill to amend title XI of the tion to enact the accompanying bill or Congress has the power to enact this legis- Social Security Act to require that direct-to- joint resolution. lation pursuant to the following: consumer television advertisements for pre- Article I, Section 8, Clause 4 of the United scription drugs and biological products in- By Mr. DANNY K. DAVIS of Illinois: States Constitution, in that the legislation clude the list price of such drugs and prod- H.R. 3298. concerns the establishment of a uniform law ucts, and for other purposes; to the Com- Congress has the power to enact this legis- on bankruptcies throughout the United mittee on Energy and Commerce, and in ad- lation pursuant to the following: States; Article I, Section 8, Clause 18 of the dition to the Committee on Ways and Means, Article I, Section 8, Clause 1: to provide for United States Constitution, in that the legis- for a period to be subsequently determined the common Defence and general Welfare of lation exercises legislative power granted to by the Speaker, in each case for consider- the United States. Congress by that clause ‘‘to make all Laws ation of such provisions as fall within the ju- By Ms. JUDY CHU of California: which shall be necessary and proper for car- risdiction of the committee concerned. H.R. 3299. rying into Execution the foregoing Powers, By Mrs. TORRES of California (for her- Congress has the power to enact this legis- and all other Powers vested by this Constitu- self, Mr. ESPAILLAT, Ms. OMAR, Mr. lation pursuant to the following: tion in the Government of the United States, SIRES, Mr. GARCI´A of Illinois, and Mr. Sections 7 & 8 of Article I of the United or in any Department or Officer thereof;’’ CARBAJAL): States Constitution and Amendment XVI of and Article III, Section 1, Clause 1, Sentence H.R. 3328. A bill to limit the fees charged the United States Constitution. 1, and Section 2, Clause 1 of the Constitu- and collected from applicants for naturaliza- By Mr. NEAL: tion, in that the legislation defines or affects tion and related benefits based on poverty, H.R. 3300. judicial powers and cases that are subject to and for other purposes; to the Committee on Congress has the power to enact this legis- legislation by Congress. the Judiciary. lation pursuant to the following: By Mr. ESPAILLAT: By Mrs. TORRES of California (for her- Sections 7 & 8 of Article I of the United H.R. 3312. self, Mr. CA´ RDENAS, Ms. BROWNLEY of States Constitution and Amendment XVI of Congress has the power to enact this legis- California, Mr. SCHIFF, Mr. COOK, Mr. the United States Constitution. lation pursuant to the following: DESAULNIER, Mr. VARGAS, Mrs. By Mr. THOMPSON of California: Article I, Section 8, Clause 4: ‘‘The Con- NAPOLITANO, Mr. TAKANO, Ms. HILL of H.R. 3301. gress shall have Power [. . .] To establish a California, Mr. LOWENTHAL, Mr. Congress has the power to enact this legis- uniform Rule of Naturalization . . . ’’ GARAMENDI, Mr. SHERMAN, Mr. HUN- lation pursuant to the following: By Ms. FOXX of North Carolina: TER, Ms. BARRAGA´ N, Mr. CORREA, Ms. Sections 7 & 8 of Article I of the United H.R. 3313. LEE of California, Ms. MATSUI, Mr. States Constitution and Amendment XVI of Congress has the power to enact this legis- ROUDA, Mr. CARBAJAL, Mr. COSTA, the United States Constitution. lation pursuant to the following: Ms. SPEIER, Mr. THOMPSON of Cali- By Ms. FINKENAUER: clause 18 of section 8 of article I of the fornia, Mr. COX of California, Ms. H.R. 3302. Constitution, which allows Congress ‘‘to ROYBAL-ALLARD, Mr. SWALWELL of Congress has the power to enact this legis- make all Laws which shall be necessary and California, Mr. AGUILAR, Ms. JUDY lation pursuant to the following: proper for carrying into Execution the fore- This bill is enacted pursuant to the power CHU of California, Mr. PANETTA, Mr. going Powers, and all other Powers vested by granted to Congress under Article I, Section KHANNA, Mr. CISNEROS, Mr. GOMEZ, this Constitution in the Government of the 8, Clause 18 of the United States Constitu- Ms. BASS, Mr. CALVERT, Mr. TED LIEU United States, or any Department or Officer tion. of California, Ms. ESHOO, Mr. BERA, thereof’’ and; By Ms. DeGETTE: Mrs. DAVIS of California, Mr. clause 14 of section 8 of article I of the H.R. 3303. LAMALFA, Ms. LOFGREN, Mr. Constitution, which provides Congress with Congress has the power to enact this legis- HUFFMAN, Ms. SA´ NCHEZ, Ms. PORTER, the power ‘‘to make rules for the govern- lation pursuant to the following: Mr. PETERS, Mr. HARDER of Cali- ment and regulation of the land and naval Article I, section 8 fornia, Mr. MCNERNEY, Mr. MCCLIN- forces’’ By Mr. COHEN: TOCK, Ms. WATERS, Mr. LEVIN of Cali- By Mr. GOSAR: H.R. 3304. fornia, Mr. RUIZ, Mr. MCCARTHY, and H.R. 3314. Congress has the power to enact this legis- Ms. PELOSI): Congress has the power to enact this legis- H.R. 3329. A bill to designate the facility of lation pursuant to the following: lation pursuant to the following: the United States Postal Service located at Article I, Section 8, Clause 3 Article I, Section 8, Clause 7 of the United 5186 Benito Street in Montclair, California, By Mrs. LURIA: States Constitution, known as the Postal as the ‘‘Paul Eaton Post Office Building’’; to H.R. 3305. Clause, empowers Congress: To establish the Committee on Oversight and Reform. Congress has the power to enact this legis- Post Offices and post Roads. By Mr. YOHO (for himself, Mr. PA- lation pursuant to the following: Article I, Section 8, Clause 7. In addition, NETTA, and Ms. DELBENE): Constitution of the United States, Article Article IV, Section 3, Clause 2, provides: The H.R. 3330. A bill to set minimum standards I, Section 8 Congress shall have Power to dispose of and for tax return preparers; to the Committee By Mrs. LURIA: make all needful Rules and Regulations re- on Ways and Means. H.R. 3306. specting the Territory or other Property be- By Mr. ZELDIN (for himself and Mrs. Congress has the power to enact this legis- longing to the United States; and nothing in LURIA): lation pursuant to the following: this Constitution shall be so construed as to H.R. 3331. A bill to restrict security assist- Constitution of the United States, Article Prejudice any Claims of the United States, ance to Lebanon, and for other purposes; to I, Section 8 or of any particular State. the Committee on Foreign Affairs. By Mr. PASCRELL: The Postal Clause, an express Constitu- By Mr. KEATING (for himself and Mr. H.R. 3307. tional duty imposed upon Congress, carries THOMPSON of Pennsylvania): Congress has the power to enact this legis- with it the right to establish post offices, H. Res. 446. A resolution reaffirming Ger- lation pursuant to the following: and with that right, is the concomitant right man-American friendship and cooperation Article 1, Section 8, Clause 1 of the Con- to operate, name, design, refurbish, and staff under the Wunderbar Together-Germany and stitution. such post offices. This bill simply seeks to the U.S. initiative; to the Committee on For- By Ms. BONAMICI: name a post office. The Property Clause fur- eign Affairs. H.R. 3308. ther buttresses the plenary right of Congress By Ms. NORTON (for herself and Mr. Congress has the power to enact this legis- to manage its properties, including imple- SABLAN): lation pursuant to the following: menting ‘‘needful’’ rules and regulations,

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which would include the ability to name a carrying into Execution the foregoing Pow- H.R. 647: Mr. O’HALLERAN, Mr. JOHNSON of federal building. ers, and all other Powers vested by this Con- Georgia, Ms. FRANKEL, Mr. BOST, Ms. By Ms. HAALAND: stitution in the Government of the United FINKENAUER, Ms. ADAMS, Mr. HURD of Texas, H.R. 3315. States, or in any Department or Officer and Mr. MALINOWSKI. Congress has the power to enact this legis- thereof.’’ H.R. 649: Mr. PHILLIPS, Mr. CORREA, and lation pursuant to the following: By Mr. ROONEY of Florida: Ms. HILL of California. Article I, Section 8 of the Constitution of H.R. 3327. H.R. 655: Ms. NORTON. the United States Congress has the power to enact this legis- H.R. 663: Mrs. TRAHAN. By Mr. HIGGINS of New York: lation pursuant to the following: H.R. 683: Mr. GAETZ. H.R. 3316. Article 1, Section 8 H.R. 720: Mr. RUPPERSBERGER. Congress has the power to enact this legis- By Mrs. TORRES of California: H.R. 724: Mr. TAKANO. lation pursuant to the following: H.R. 3328. H.R. 726: Ms. FINKENAUER and Mr. Article 1, Section 8. Congress has the power to enact this legis- CLEAVER. By Mr. HILL of Arkansas: lation pursuant to the following: H.R. 728: Ms. DEGETTE and Ms. DAVIDS of H.R. 3317. According to Article 1: Section 8: Clause Kansas. Congress has the power to enact this legis- 18: of the United States Constitution, seen H.R. 737: Mr. LEVIN of Michigan, Ms. lation pursuant to the following: below, this bill falls within the Constitu- UNDERWOOD, and Mr. SIMPSON. Article I, Section 8, clause 7 provides Con- tional Authority of the United States Con- H.R. 748: Mr. ROUZER. gress with the power to establish post offices gress. H.R. 749: Mr. JOYCE of Pennsylvania. and post roads Article 1: Section 8: Clause 18: To make all H.R. 751: Mr. RIGGLEMAN. By Mr. JOYCE of Pennsylvania: Laws which shall be necessary and proper for H.R. 763: Mr. NEGUSE and Mr. DANNY K. H.R. 3318. carrying into Execution the foregoing Pow- DAVIS of Illinois. Congress has the power to enact this legis- ers, and all other Powers vested by this Con- H.R. 770: Mr. CASTEN of Illinois. lation pursuant to the following: stitution in the Government of the United H.R. 776: Mr. RUPPERSBERGER and Mrs. Article I, Section 8, Clause 18—The Con- States, or in any Department or Officer AXNE. gress shall have Power ‘‘To make all Laws thereof. H.R. 808: Mr. MALINOWSKI. which shall be necessary and proper for car- By Mrs. TORRES of California: H.R. 865: Mrs. LURIA. rying into Execution the foregoing Powers, H.R. 3329. H.R. 898: Mr. SCHNEIDER. and all other Powers vested by this Constitu- Congress has the power to enact this legis- H.R. 913: Mr. GONZALEZ of Texas. tion in the Government of the United States, lation pursuant to the following: H.R. 945: Mr. ROUDA, Mrs. BEATTY, and Mr. or in any Department or Officer thereof.’’ According to Article 1: Section 8: Clause HARDER of California. By Mr. KELLY of Mississippi: 18: of the United States Constitution, seen H.R. 946: Ms. DEAN. H.R. 3319. below, this bill falls within the Constitu- H.R. 948: Mr. MEADOWS. Congress has the power to enact this legis- tional Authority of the United States Con- H.R. 955: Mr. PAPPAS. lation pursuant to the following: gress. H.R. 1001: Mr. DOGGETT. The Congress enacts this bill pursuant to Article 1: Section 8: Clause 18: To make all H.R. 1002: Ms. SCHAKOWSKY. Clause 1 of Section 8 of Article I of the Laws which shall be necessary and proper for H.R. 1005: Mr. DOGGETT. United States Constitution, which provides carrying into Execution the foregoing Pow- H.R. 1011: Mr. AGUILAR. Congress with the ability to enact legisla- ers, and all other Powers vested by this Con- H.R. 1018: Mrs. CAROLYN B. MALONEY of tion necessary and proper to effectuate its stitution in the Government of the United New York. purposes in taxing and spending. States, or in any Department or Officer H.R. 1042: Mr. ROUDA and Mr. RASKIN. By Mr. KING of New York: thereof. H.R. 1043: Mr. LANGEVIN, Mr. ARMSTRONG, H.R. 3320. By Mr. YOHO: and Mr. MAST. Congress has the power to enact this legis- H.R. 3330. H.R. 1044: Mr. FLORES. lation pursuant to the following: Congress has the power to enact this legis- H.R. 1049: Mr. MORELLE. Article 1, Section 8, Clause 8: To make all REEN OL lation pursuant to the following: H.R. 1058: Mr. G of Texas and Mr. C - Laws which shall be necessary and proper for LINS Article 1, Section 8, Clause 18 of the United of New York. carrying into Execution the foregoing Pow- H.R. 1073: Mr. KENNEDY. States Constitution. ers, and all other Powers vested by this Con- H.R. 1083: Ms. TLAIB and Mr. LAWSON of By Mr. ZELDIN: stitution in the Government of the United Florida. H.R. 3331. States, or in any Department or Officer H.R. 1109: Ms. SCANLON, Mr. ROUDA, and Congress has the power to enact this legis- thereof. Mr. FITZPATRICK. lation pursuant to the following: By Mr. LANGEVIN: H.R. 1133: Ms. TLAIB, Mr. SUOZZI, and Mr. Article 1, Section 8 of the United States H.R. 3321. QUIGLEY. Constitution. Congress has the power to enact this legis- H.R. 1135: Mrs. DINGELL. lation pursuant to the following: f H.R. 1140: Mr. BROWN of Maryland, Mr. Article I, Section 8 RASKIN, and Mr. WELCH. By Mr. LOEBSACK: ADDITIONAL SPONSORS H.R. 1146: Miss RICE of New York. H.R. 3322. Under clause 7 of rule XII, sponsors H.R. 1154: Mr. PAYNE and Ms. SHERRILL. Congress has the power to enact this legis- were added to public bills and resolu- H.R. 1171: Mr. HOLLINGSWORTH. lation pursuant to the following: H.R. 1174: Ms. WEXTON. tions, as follows: Article I, Section 8 of the United States H.R. 1175: Mr. GAETZ and Mr. PALLONE. Constitution H.R. 40: Mr. LEWIS, Ms. DEAN, Ms. H.R. 1220: Ms. SLOTKIN. By Mrs. CAROLYN B. MALONEY of BARRAGA´ N, Mr. KENNEDY, Mr. RASKIN, Ms. H.R. 1225: Mr. JEFFRIES, Ms. FINKENAUER, New York: ESCOBAR, and Mr. CONNOLLY. Mr. COLLINS of Georgia, Mr. GOSAR, Mr. CAS- H.R. 3323. H.R. 95: Mr. CASTEN of Illinois. TRO of Texas, Mr. SOTO, Mr. HUNTER, Mr. Congress has the power to enact this legis- H.R. 117: Mr. NADLER. WEBER of Texas, Mr. BRADY, Mr. COURTNEY, lation pursuant to the following: H.R. 147: Mr. ADERHOLT. and Mr. BUCHANAN. Article 1, Section 8 of the US Constitution. H.R. 153: Mr. ADERHOLT. H.R. 1255: Ms. TORRES SMALL of New Mex- By Mr. MAST: H.R. 188: Mr. LEVIN of California. ico. H.R. 3324. H.R. 233: Mr. SCOTT of Virginia. H.R. 1256: Ms. TORRES SMALL of New Mex- Congress has the power to enact this legis- H.R. 275: Mr. GALLEGO and Ms. BLUNT ico and Ms. WEXTON. lation pursuant to the following: ROCHESTER. H.R. 1266: Mr. CASE. The Necessary and Proper Clause in Arti- H.R. 284: Ms. NORTON. H.R. 1294: Mr. THOMPSON of Mississippi. cle I, Section 8, Clause 18 of the United H.R. 307: Mr. KELLY of Mississippi and Ms. H.R. 1309: Mr. KILMER and Mr. MICHAEL F. States Constitution. PINGREE. DOYLE of Pennsylvania. By Mr. MCEACHIN: H.R. 372: Mrs. LOWEY. H.R. 1326: Ms. LOFGREN. H.R. 3325. H.R. 397: Ms. JUDY CHU of California, Ms. H.R. 1327: Mr. VISCLOSKY and Mr. WALKER. Congress has the power to enact this legis- HOULAHAN, and Mr. CLAY. H.R. 1364: Mr. LOWENTHAL, Mr. YARMUTH, lation pursuant to the following: H.R. 510: Mr. POSEY, Mr. CARBAJAL, and and Mr. CLAY. Article 1, Section 8 Mr. LAMALFA. H.R. 1373: Mr. TED LIEU of California and By Mr. POSEY: H.R. 528: Mr. BUDD. Mr. CISNEROS. H.R. 3326. H.R. 555: Mr. COLLINS of New York. H.R. 1377: Ms. FRANKEL and Ms. ESCOBAR. Congress has the power to enact this legis- H.R. 566: Mr. SHERMAN. H.R. 1379: Mr. PALAZZO, Mr. SEAN PATRICK lation pursuant to the following: H.R. 576: Ms. Barraga´ n. MALONEY of New York, Ms. FUDGE, and Mr. Article I, Section 8, Paragraph 1: ‘‘The H.R. 586: Mr. DAVID P. ROE of Tennessee. CARSON of Indiana. Congress shall have Power . . . To make all H.R. 601: Mr. RODNEY DAVIS of Illinois. H.R. 1380: Mr. ROUDA. Laws which shall be necessary and proper for H.R. 613: Mr. CISNEROS. H.R. 1395: Ms. WILD.

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H.R. 1406: Mr. DAVID SCOTT of Georgia. H.R. 1976: Mr. LEVIN of California. H.R. 2471: Ms. LOFGREN. H.R. 1407: Mr. CHABOT, Mr. MCCAUL, Mr. H.R. 1981: Mr. CASTEN of Illinois. H.R. 2474: Mrs. TORRES of California and HARDER of California, Mr. CRAWFORD, and H.R. 2000: Ms. WEXTON. Ms. PORTER. Mr. EVANS. H.R. 2009: Mr. HIMES. H.R. 2478: Mr. RUPPERSBERGER. H.R. 1441: Mr. JOHN W. ROSE of Tennessee. H.R. 2013: Mr. CRIST. H.R. 2489: Mr. NEGUSE. H.R. 1444: Ms. SEWELL of Alabama. H.R. 2015: Mrs. MCBATH and Mrs. LESKO. H.R. 2498: Mr. ROUDA and Mr. MARSHALL. H.R. 1446: Mrs. AXNE and Mr. TED LIEU of H.R. 2051: Ms. STEVENS and Mr. H.R. 2501: Ms. PRESSLEY, Mr. GOLDEN, Mr. California. FITZPATRICK. PERLMUTTER, Ms. DELBENE, Mr. HIGGINS of H.R. 1450: Mr. DEUTCH, Mr. CA´ RDENAS, Mr. H.R. 2056: Mr. HARDER of California, Mr. New York, and Mr. RYAN. GALLEGO, Mrs. TORRES of California, and Mr. JOHNSON of Georgia, and Mr. COOPER. H.R. 2507: Mr. NEGUSE, Mr. WATKINS, Miss CASTEN of Illinois. H.R. 2062: Ms. SHERRILL. RICE of New York, and Mr. STEWART. H.R. 1497: Mr. MORELLE and Ms. KAPTUR. H.R. 2074: Mr. POCAN. H.R. 2508: Mr. ZELDIN. H.R. 1507: Mr. CASE. H.R. 2086: Mr. SARBANES. H.R. 2568: Ms. ESHOO. ´ H.R. 1530: Mr. RUTHERFORD. H.R. 2089: Mr. LUJAN. H.R. 2577: Mr. CASTEN of Illinois. H.R. 1534: Mr. KENNEDY. H.R. 2091: Mrs. WATSON COLEMAN. H.R. 2594: Ms. FINKENAUER, Mr. RASKIN, YAN H.R. 1568: Mr. CRIST and Mr. SCHNEIDER. H.R. 2117: Mr. R . and Mr. O’HALLERAN. H.R. 2124: Ms. PINGREE. H.R. 1570: Mr. LONG, Mr. FLEISCHMANN, Mr. H.R. 2615: Ms. TORRES SMALL of New Mex- HAGEDORN, and Ms. SHERRILL. H.R. 2137: Mr. SUOZZI, Mr. FERGUSON, and ico. Mr. LAMALFA. H.R. 1597: Mr. CARSON of Indiana and Ms. H.R. 2616: Mr. BLUMENAUER. H.R. 2146: Mr. CICILLINE. FINKENAUER. H.R. 2623: Ms. MUCARSEL-POWELL and Mr. H.R. 2151: Mr. CARSON of Indiana and Ms. H.R. 1605: Mr. ZELDIN. MALINOWSKI. KUSTER of New Hampshire. H.R. 1618: Mr. SOTO. H.R. 2626: Mr. HUIZENGA. H.R. 2156: Mr. COHEN and Mr. CONNOLLY. H.R. 1622: Mr. ROUDA. H.R. 2653: Mr. MOULTON. H.R. 2161: Mr. ROUDA. H.R. 1632: Mr. FITZPATRICK and Mr. SHER- H.R. 2680: Mr. YOUNG. H.R. 2164: Ms. ESHOO. MAN. H.R. 2681: Mr. CISNEROS. H.R. 2178: Mr. LEVIN of Michigan, Mr. BRIN- H.R. 1641: Mrs. LEE of Nevada, Mr. H.R. 2682: Mr. LUCAS, Mr. THOMPSON of DISI, Ms. CLARK of Massachusetts, Mr. WALBERG, and Mr. LOWENTHAL. Pennsylvania, and Mr. SOTO. STAUBER, Mr. GOTTHEIMER, and Mr. H.R. 1651: Mr. ESTES. H.R. 2687: Mr. MCGOVERN. LAMALFA. H.R. 1652: Mrs. TORRES of California, Mr. H.R. 2708: Mr. MALINOWSKI. H.R. 2206: Mr. O’HALLERAN. LOWENTHAL, Mr. KHANNA, Mr. SERRANO, Mr. H.R. 2742: Mr. LUETKEMEYER. H.R. 2211: Mr. DEFAZIO, Mrs. MURPHY, Miss MCGOVERN, Mr. DEFAZIO, Mrs. LOWEY, Ms. H.R. 2747: Ms. CASTOR of Florida and Ms. RICE of New York, and Ms. BARRAGA´ N. BROWNLEY of California, Mr. THOMPSON of WILD. H.R. 2218: Mr. CLEAVER. California, Mr. RUSH, Mr. GONZALEZ of H.R. 2229: Mr. CICILLINE. H.R. 2748: Ms. JACKSON LEE. Texas, and Mr. ROUDA. H.R. 2232: Mr. COHEN. H.R. 2763: Mr. RASKIN. LSON ULLIN H.R. 1679: Mr. O and Mr. M . H.R. 2236: Mr. VEASEY. H.R. 2770: Mr. NEWHOUSE. H.R. 1682: Mr. MCGOVERN. H.R. 2244: Mr. ROUDA. H.R. 2771: Mr. BILIRAKIS. H.R. 1683: Mr. DUNCAN and Mr. POSEY. H.R. 2256: Mr. KHANNA, Ms. PORTER, Mrs. H.R. 2777: Mr. MCGOVERN. H.R. 1692: Ms. ESCOBAR, Mr. LEVIN of Cali- WATSON COLEMAN, Ms. BONAMICI, Ms. H.R. 2812: Mr. KUSTOFF of Tennessee. fornia, Mr. TRONE, and Mr. JEFFRIES. BROWNLEY of California, Mr. PERLMUTTER, H.R. 2825: Ms. DELBENE and Mr. STIVERS. EL ENE H.R. 1707: Ms. D B . Ms. MATSUI, Mr. TAKANO, Mr. POCAN, Mr. H.R. 2829: Ms. HOULAHAN. H.R. 1709: Ms. WEXTON, Mr. MCEACHIN, Mr. ROUDA, and Mr. CARBAJAL. H.R. 2831: Ms. CRAIG, MS. DEAN, and Mr. CLEAVER, Mrs. LOWEY, Mr. CUMMINGS, and H.R. 2258: Mr. RODNEY DAVIS of Illinois. MORELLE. Mr. DEUTCH. H.R. 2271: Mr. RASKIN. H.R. 2847: Mr. JOYCE of Pennsylvania. H.R. 1723: Ms. PINGREE and Mr. CARBAJAL. H.R. 2283: Ms. STEVENS and Mr. POCAN. H.R. 2853: Ms. GARCIA of Texas. H.R. 1730: Mr. GALLAGHER and Ms. JACKSON H.R. 2294: Mr. FORTENBERRY. H.R. 2854: Mr. TED LIEU of California. LEE. H.R. 2298: Ms. WASSERMAN SCHULTZ. H.R. 2858: Mrs. KIRKPATRICK and Mr. COLE. H.R. 1748: Mrs. MCBATH, Mr. RUIZ, Mr. H.R. 2315: Mr. HIMES. H.R. 2859: Mr. MCCLINTOCK and Mr. MCEACHIN, and Mr. GOHMERT. H.R. 2321: Mr. ROUDA. BURCHETT. H.R. 1753: Mr. JOYCE of Pennsylvania. H.R. 2327: Mr. ESPAILLAT, Mr. SHERMAN, H.R. 2869: Mr. RATCLIFFE. H.R. 1762: Mr. QUIGLEY, Mr. RUSH, Mr. and Mr. SIRES. H.R. 2875: Mr. KRISHNAMOORTHI. MEADOWS, and Mr. AMODEI. H.R. 2328: Mr. NEWHOUSE, Mr. RODNEY H.R. 2896: Mr. STIVERS, Ms. ESHOO, Mr. H.R. 1763: Mr. YARMUTH, Ms. MENG, Mr. DAVIS of Illinois, Ms. CLARKE of New York, FOSTER, and Mr. CARSON of Indiana. CICILLINE, Ms. SCANLON, Mr. STAUBER, Mr. Mr. DEFAZIO, Mr. NADLER, Mr. MEEKS, Mr. H.R. 2909: Mr. ROUDA, Mr. BLUMENAUER, DELGADO, Ms. FINKENAUER, Ms. JAYAPAL, Mr. STIVERS, and Mrs. CAROLYN B. MALONEY of and Mr. CASE. DOGGETT, Mr. JOYCE of Ohio, Mrs. MILLER, New York. H.R. 2912: Mr. ESPAILLAT and Mr. MCGOV- Ms. DEGETTE, Mr. NADLER, Ms. KAPTUR, Mr. H.R. 2349: Mr. RASKIN. ERN. CUELLAR, Mr. JEFFRIES, and Mr. H.R. 2350: Mr. SCHNEIDER and Mr. PERL- H.R. 2913: Mr. PAPPAS. O’HALLERAN. MUTTER. H.R. 2922: Mr. MALINOWSKI. H.R. 1765: Mr. ENGEL and Mr. CA´ RDENAS. H.R. 2355: Mr. HASTINGS and Mr. MCGOV- H.R. 2931: Mr. LOWENTHAL, Mr. CRIST, and H.R. 1767: Mr. ROUDA. ERN. Mrs. WATSON COLEMAN. H.R. 1769: Mr. KELLER. H.R. 2368: Ms. WILD. H.R. 2969: Mr. POSEY and Ms. WILSON of H.R. 1771: Mr. MAST. H.R. 2381: Mr. HAGEDORN and Mr. SMITH of Florida. H.R. 1784: Mr. MICHAEL F. DOYLE of Penn- Nebraska. H.R. 2975: Mr. MALINOWSKI, Mr. VARGAS, sylvania. H.R. 2382: Mr. MORELLE, Mrs. LOWEY, and and Mrs. AXNE. H.R. 1824: Ms. SA´ NCHEZ. Mr. ROUDA. H.R. 2979: Mr. CISNEROS. H.R. 1830: Mr. GOODEN. H.R. 2384: Mr. DESAULNIER. H.R. 2988: Mrs. LESKO, Mr. MCCLINTOCK, H.R. 1837: Mr. RUPPERSBERGER. H.R. 2386: Mr. KIM. Mr. ABRAHAM, Mr. DESJARLAIS, Mr. COOK, H.R. 1846: Ms. SCANLON. H.R. 2405: Mr. LAWSON of Florida, Mr. Mr. LAMALFA, and Mr. MAST. H.R. 1850: Mrs. WALORSKI. WELCH, and Mr. GOLDEN. H.R. 3006: Mr. LAHOOD and Mr. POCAN. H.R. 1854: Mr. FITZPATRICK. H.R. 2415: Mr. CASTEN of Illinois. H.R. 3018: Ms. BROWNLEY of California, Ms. H.R. 1865: Mr. WITTMAN, Mr. THOMPSON of H.R. 2420: Mr. GALLEGO, Mr. BLUMENAUER, DELAURO, Mr. RASKIN, and Mr. MEEKS. Pennsylvania, Mr. CARTER of Georgia, Mr. Mr. SWALWELL of California, Mr. CISNEROS, H.R. 3026: Mr. CARBAJAL, Mr. ENGEL, and VARGAS, Mr. BILIRAKIS, Ms. JOHNSON of Ms. MOORE, Mr. CARSON of Indiana, Mr. Mr. THOMPSON of Mississippi. Texas, Mr. DESJARLAIS, Mrs. TRAHAN, Ms. PAYNE, Mr. GONZALEZ of Texas, Mrs. WATSON H.R. 3040: Mr. BLUMENAUER. HERRERA BEUTLER, and Ms. DELBENE. COLEMAN, Mr. ENGEL, Mr. COX of California, H.R. 3077: Mr. PANETTA, Mr. LAHOOD, Mr. H.R. 1882: Mrs. WATSON COLEMAN. and Ms. TLAIB. BLUMENAUER, Mr. BUCSHON, Mrs. BEATTY, H.R. 1898: Mr. RODNEY DAVIS of Illinois. H.R. 2421: Mr. ROUDA. and Mr. PHILLIPS. H.R. 1903: Mr. COX of California and Mr. H.R. 2424: Mr. CICILLINE, Ms. MATSUI, and H.R. 3082: Ms. JOHNSON of Texas, Ms. JACK- HURD of Texas. Ms. GARCIA of Texas. SON LEE, Ms. SPEIER, and Ms. FRANKEL. H.R. 1915: Ms. FINKENAUER, Ms. STEFANIK, H.R. 2433: Mr. JOYCE of Ohio. H.R. 3086: Mr. FITZPATRICK. Mr. COMER, Mrs. BEATTY, and Ms. FUDGE. H.R. 2441: Mr. GRIJALVA. H.R. 3094: Ms. SHALALA and Ms. H.R. 1923: Mr. STIVERS, Mr. TURNER, Mr. H.R. 2442: Mr. ROUDA. WASSERMAN SCHULTZ. BALDERSON, and Ms. MCCOLLUM. H.R. 2466: Mr. MCGOVERN and Mr. RUPPERS- H.R. 3106: Mr. COHEN. H.R. 1967: Mr. GOMEZ, Ms. SA´ NCHEZ, Mr. BERGER. H.R. 3116: Mr. GAETZ. EVANS, Ms. MOORE, Mr. BLUMENAUER, and H.R. 2467: Ms. LOFGREN. H.R. 3123: Mr. RYAN. Ms. SEWELL of Alabama. H.R. 2468: Ms. SCANLON, Mr. POCAN, Mr. H.R. 3125: Mr. CUELLAR. H.R. 1970: Mr. HIMES. WELCH, Ms. CLARKE of New York, Mr. RUSH, H.R. 3126: Mr. WELCH. H.R. 1975: Mr. PAYNE. and Mr. TONKO. H.R. 3133: Mr. SCHNEIDER.

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H.R. 3137: Mr. VAN DREW, Mr. THOMPSON of H.R. 3274: Mr. KELLY of Mississippi. H. Res. 432: Mr. CURTIS, Ms. BASS, Mr. California, Mr. HIMES, Mr. NEGUSE, and Mr. H.R. 3280: Mr. MCGOVERN. SOTO, Ms. TLAIB, Mrs. WATSON COLEMAN, Mr. SARBANES. H.R. 3282: Mr. SCHIFF. HASTINGS, Mr. AGUILAR, Ms. PRESSLEY, Mr. H.R. 3149: Mr. GREEN of Tennessee. H.R. 3284: Mr. MCGOVERN and Mr. CUMMINGS, Ms. NORTON, and Mr. TED LIEU of H.R. 3153: Mr. CARTWRIGHT, Mr. MCGOVERN, O’HALLERAN. California. Mr. WEBER of Texas, Mr. ROUDA, Ms. STE- H.R. 3289: Mr. BACON. H. Res. 441: Mr. CICILLINE, Mr. ESPAILLAT, VENS, Mr. GONZALEZ of Ohio, and Miss H.R. 3297: Mr. LAWSON of Florida. Mr. WEBER of Texas, Ms. WASSERMAN GONZA´ LEZ-COLO´ N of Puerto Rico. H.J. Res. 2: Mr. LARSON of Connecticut. SCHULTZ, Mr. ZELDIN, Mr. MEADOWS, Ms. H.R. 3175: Ms. CLARKE of New York. H.J. Res. 20: Mr. BROOKS of Alabama and MENG, Mr. CONNOLLY, Mr. SCHNEIDER, and H.R. 3183: Mr. FORTENBERRY, Mr. STAUBER, Mr. FULCHER. Mr. FITZPATRICK. Mr. ABRAHAM, Mr. KIND, Mr. POCAN, Mr. H.J. Res. 32: Mrs. RODGERS of Washington. H. Res. 442: Mr. MCGOVERN. LONG, Mr. SMITH of Nebraska, and Ms. H.J. Res. 48: Mr. CICILLINE. H. Res. 443: Mr. BILIRAKIS, Mr. WEBSTER of UNDERWOOD. H.J. Res. 59: Mr. POSEY, Ms. JACKSON LEE, Florida, Mrs. MURPHY, Ms. WASSERMAN H.R. 3190: Ms. OMAR, Mr. FITZPATRICK, Mr. and Mr. TONKO. SCHULTZ, Mr. HASTINGS, and Mr. WALTZ. WILSON of South Carolina, Mr. MCGOVERN, H.J. Res. 62: Mr. MCGOVERN. H. Res. 444: Mr. BLUMENAUER, Ms. Mr. RASKIN, and Ms. PINGREE. H. Con. Res. 20: Mr. BUCSHON and Mr. JOHN- H.R. 3192: Mrs. NAPOLITANO, Mr. COHEN, Mr. SON of South Dakota. BONAMICI, Mr. BEYER, Mr. CARSON of Indiana, CA´ RDENAS, MR. ROUDA, and Mr. RYAN. H. Con. Res. 48: Ms. ADAMS, Ms. FUDGE, Ms. Mr. CASTRO of Texas, Mr. CICILLINE, Mr. H.R. 3195: Mr. HORSFORD, Mrs. DINGELL, JOHNSON of Texas, Ms. KELLY of Illinois, Mr. CISNEROS, Mr. CLEAVER, Mr. COX of Cali- Mr. CUNNINGHAM, Ms. KUSTER of New Hamp- RUSH, Mr. CLAY, Mrs. HAYES, Mr. fornia, Mr. CROW, Mr. DEUTCH, Mr. shire, Mr. COHEN, Ms. SHALALA, Mr. BUTTERFIELD, Ms. PLASKETT, Mr. RICHMOND, DESAULNIER, Mrs. DINGELL, Mr. ESPAILLAT, GARAMENDI, Mr. ESPAILLAT, Mr. KILMER, Mr. Mr. THOMPSON of Mississippi, Mr. CLYBURN, Mr. FOSTER, Mr. GRIJALVA, Mr. HASTINGS, MCGOVERN, Ms. GABBARD, Ms. VELA´ ZQUEZ, Mr. SCOTT of Virginia, Ms. JACKSON LEE, Mr. Mr. JOHNSON of Georgia, Ms. KAPTUR, Ms. Mr. WELCH, Mr. O’HALLERAN, Mrs. KIRK- JOHNSON of Georgia, Mrs. BEATTY, and Ms. LEE of California, Ms. MCCOLLUM, Mr. PATRICK, Ms. SCHAKOWSKY, Mr. KHANNA, Mr. WILSON of Florida. MCGOVERN, Mr. MCNERNEY, Ms. NORTON, Mr. TONKO, Mr. LEVIN of California, Mr. TAKANO, H. Res. 33: Ms. SHERRILL. PALLONE, Mr. PHILLIPS, Mr. POCAN, Ms. Mr. BROWN of Maryland, Ms. JAYAPAL, Ms. H. Res. 49: Mr. CISNEROS. PRESSLEY, Mr. RASKIN, Ms. SCHAKOWSKY, Mr. BARRAGA´ N, Mrs. CAROLYN B. MALONEY of New H. Res. 60: Ms. CASTOR of Florida. SHERMAN, Mr. SIRES, Mr. SMITH of Wash- York, Mrs. NAPOLITANO, Mr. THOMPSON of H. Res. 189: Mr. COOPER and Mr. RASKIN. ington, Mr. STIVERS, Mr. COHEN, and Mr. Mississippi, Mr. AGUILAR, Ms. NORTON, Mr. H. Res. 230: Mr. RIGGLEMAN. RUSH. CLAY, Mr. SUOZZI, Mr. PANETTA, Mr. SOTO, H. Res. 255: Mr. WALTZ. Mr. ROUDA, Mr. KRISHNAMOORTHI, Mr. H. Res. 257: Ms. CLARKE of New York. f MCEACHIN, Ms. BONAMICI, Mr. PAPPAS, Ms. H. Res. 259: Mr. GUEST, Mr. CICILLINE, Mr. ESHOO, Mr. LANGEVIN, Mr. MEEKS, Ms. CAS- FITZPATRICK, Ms. SPEIER, Mr. MARSHALL, Mr. PETITIONS, ETC. TOR of Florida, Ms. DEGETTE, Mr. RUSH, Mr. COOK, Mr. CISNEROS, Mr. DEUTCH, Mr. WEBER of Texas, Mr. RUSH, Mr. STEWART, Mr. SHER- ROSE of New York, Ms. ESCOBAR, Mr. LEVIN Under clause 3 of rule XII, of Michigan, Mr. FOSTER, Mr. MORELLE, Mr. MAN, Mr. LAMBORN, and Mr. MAST. H. Res. 285: Ms. DELBENE, Mr. AGUILAR, 31. The SPEAKER presented a petition of COURTNEY, and Mr. BLUMENAUER. Mr. Gregory D. Watson, a citizen of Austin, H.R. 3203: Mr. TONKO and Mr. HASTINGS. Mrs. LESKO, Mr. HARDER of California, Mr. TX, relative to urging Congress to enact leg- H.R. 3208: Ms. NORTON. BERGMAN, Ms. HOULAHAN, Mr. RUPPERS- H.R. 3234: Mr. RASKIN and Mr. MCGOVERN. BERGER, Mr. SOTO, Ms. KELLY of Illinois, Mr. islation that would prohibit any employer — H.R. 3237: Ms. CHENEY. DIAZ-BALART, Ms. SLOTKIN, Mr. RODNEY including the Federal government, a State H.R. 3248: Mr. LIPINSKI. DAVIS of Illinois, and Mr. LONG. government, or a local unit of government — H.R. 3252: Mr. FITZPATRICK, Ms. HOULAHAN, H. Res. 307: Mr. MEADOWS. from inquiring about previous salaries from Mr. SIRES, and Mr. ESPAILLAT. H. Res. 371: Mr. MCEACHIN. prior employers, or about present salary H.R. 3254: Mr. HASTINGS. H. Res. 374: Mr. GIANFORTE, Mr. TIPTON, from a present employer, paid to someone H.R. 3265: Mr. JOHNSON of Georgia. Mr. COLE, Mr. ROUZER, Mr. GRAVES of Geor- who is currently applying for employment H.R. 3267: Ms. CASTOR of Florida. gia, Mr. MOOLENAAR, and Mr. HUIZENGA. elsewhere; which was referred to the Com- H.R. 3273: Mr. ROGERS of Alabama. H. Res. 402: Mr. MCGOVERN. mittee on Education and Labor.

VerDate Sep 11 2014 07:58 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A18JN7.088 H18JNPT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION

Vol. 165 WASHINGTON, TUESDAY, JUNE 18, 2019 No. 102 Senate The Senate met at 10 a.m. and was who face discrimination based on any ciently accountable for its terrorism, called to order by the President pro other factor. This case involving Iowan proxies, and ‘‘gray zone’’ tactics. tempore (Mr. GRASSLEY). Jack Gross affected employment dis- Tehran was emboldened to tread all f crimination litigation across the entire over international law. country, and sent the message to em- Now things are different, and Iran’s PRAYER ployers that age discrimination is OK. corrupt, moribund economy is feeling The Chaplain, Dr. Barry C. Black, of- I hope the Senate acts on the Pro- the pressure of U.S. sanctions. So it is fered the following prayer: tecting Older Workers Against Dis- not surprising that the mullahs now re- Let us pray. crimination Act to correct this injus- sort to their favorite tool—violence. Eternal God, our help in ages past tice and restore fairness to our Na- The President has said he does not and hope for years to come, we honor tion’s senior workforce. I happen to be seek conflict with Iran, and neither Your Name. Bless our lawmakers with the sponsor of that legislation. does the Senate. Nevertheless, the Your peace, freeing them from anxi- I yield the floor. risks of a conflict are real. But make eties and fears as You give them wis- f no mistake. They are being driven by dom to be strong and courageous. As Tehran’s decision to resort to violence, they trust in the unfolding of Your RECOGNITION OF THE MAJORITY LEADER and that includes what the Secretary powerful providence, direct their steps. of State has described as a ‘‘blatant as- Lord, fill their darkness with light, The PRESIDING OFFICER. The ma- sault’’ on international shipping, their sorrow with joy, their mistakes jority leader is recognized. threatening the freedom of navigation with forgiveness, and their doubts with f in international waters. certainty. Hasten the day when justice IRAN Tehran must not be rewarded for ter- will roll down like waters and right- ror and intimidation. The United Mr. MCCONNELL. Madam President, eousness like a mighty stream. States and our partners need to stand for years American administrations of We pray in Your great Name. Amen. firm and apply concerted, coordinated both parties have properly labeled Iran f diplomatic and economic pressure until as the world’s most active state spon- Tehran changes its behavior. PLEDGE OF ALLEGIANCE sor of terrorism. This assessment is Acting Secretary Shanahan, at the The President pro tempore led the based on the cold hard facts of request of his military commanders, Pledge of Allegiance, as follows: Tehran’s behavior. has ordered additional forces to the I pledge allegiance to the Flag of the Iran’s support for terrorism knows few bounds, sectarian or geographic. Middle East for purposes of defense and United States of America, and to the Repub- deterrence. As he made clear when an- lic for which it stands, one nation under God, Iran has provided support to Sunni, indivisible, with liberty and justice for all. Shia, and secular terrorists. It has con- nouncing this deployment, the United States does not seek conflict with Iran. f ducted or sponsored attacks around the world, including a plot right here in I support these prudent efforts to re- RESERVATION OF LEADER TIME Washington, during the Obama admin- spond to Iranian intimidation. Defen- The PRESIDING OFFICER (Mrs. istration, to blow up a local restaurant sive military deployments will help us HYDE-SMITH). Under the previous order, and kill the Saudi Ambassador to the to protect American interests in the the leadership time is reserved. United States. region and deter Iranian aggression. I The PRESIDING OFFICER. The Sen- We know that Tehran is responsible encourage the administration to con- ator from Iowa. for the deaths of hundreds of American tinue working closely with our partners across the globe to encourage f servicemembers in Iraq and Afghani- stan—Americans murdered by Iran’s Iran’s leaders to cease their aggression. PROTECTING OLDER WORKERS proxies. So while it should be shocking I hope Iran’s leaders will listen to the AGAINST DISCRIMINATION ACT that Iran is now conducting more at- demands of their people, who continue Mr. GRASSLEY. Madam President, tacks against civilian shipping vessels to protest against the stifling today is the 10th anniversary of the Su- in international waters, unfortunately, authoritarianism of the Islamic Repub- preme Court decision in Gross v. FBL it really isn’t all that shocking. This is lic for a better, more prosperous, more Financial Services. the kind of behavior we have witnessed peaceful life. The Court ruled that employees who over the years. I also appreciate the administration’s face age discrimination have to meet a Until recently, the United States efforts to keep Congress apprised of the higher standard of proof than workers spent years failing to hold Iran suffi- latest intelligence, deployments, and

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

S3631

VerDate Sep 11 2014 01:26 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.000 S18JNPT1 S3632 CONGRESSIONAL RECORD — SENATE June 18, 2019 diplomatic efforts. I understand com- JOHN S. MCCAIN NATIONAL TAXPAYER FIRST ACT mittee staff received a classified brief- DEFENSE AUTHORIZATION ACT Mr. MCCONNELL. Madam President, ing just yesterday. I look forward to Mr. MCCONNELL. Madam President, on one final matter. I want to celebrate hearing from the State Department’s on a related subject, all of these events another legislative accomplishment top career diplomat at the Republican I have discussed, from Iran’s mis- the Senate notched last week. lunch today. I hope my colleagues behavior to China’s aggressiveness, un- On Thursday, the Senate passed the across the aisle rethink their decision derscore one thing very clearly: The Taxpayer First Act and sent it to to turn down his offer to brief them. I United States needs to remain engaged, President Trump’s desk to become law. understand the administration will be prepared, and powerful. This legislation is the most thorough sending up interagency teams this We need to leave zero doubt among package of reforms to the Internal Rev- week to brief the oversight committees our friends and allies, our most violent enue Service in 20 years. in a classified setting, as well. foes, and everybody in between that Let me say that again. The Senate For our part, the Senate will con- while the United States does not seek just passed the most significant re- sider several measures in the coming conflict, we must be prepared to deci- forms to the IRS in two decades. It will days that will directly impact our pres- sively defeat our adversaries if conflict create a new, independent process for ence and influence in this troubled re- is forced upon us. That is called deter- appeals to ensure taxpayers receive fair rence. gion, including arms sales to key re- treatment. During dispute resolutions, The growing global unrest should be gional partners, as well as the NDAA. I a lesson to us as the Senate gets ready taxpayers will now get access to the urge every one of my colleagues to to turn to the National Defense Au- same information the IRS has. keep these deadly serious develop- thorization Act later this week. I know There will be more accountability ments at the top of our minds as we at- my colleagues on both sides share my within the IRS when it comes to cyber tend to our business in the days ahead. hope that this year’s NDAA can build security, careful management of tech- on the successes of the past 2 years. nology, and overall efficiency. There f Our first obligation to the American will be a new streamlined system for people is to ensure for their defense. It addressing identity theft. There will be HONG KONG is essential that we continue rebuilding better procedures for advance notifica- our military by authorizing sufficient tion in the event of an audit or an Mr. MCCONNELL. Madam President, support to modernize and sustain the asset seizure, and there will be new last week I spoke about the people’s advantages that America’s all-vol- steps to make it easier to file your uprising in Hong Kong. Over the past untary Armed Forces have over our ad- taxes and supporting documents on- several days, millions of residents have versaries. line. taken to the streets to defend their au- Working with the Trump administra- So this is a significant accomplish- tonomy and the rule of law from con- tion in recent years, we have been able ment. These reforms will make one of tinued encroachment of the communist to end a chapter of harmful spending the least appealing annual tasks for government of mainland China. cuts that have left military leaders less hard-working Americans a little bit After days of tension, this past week- able to address emerging challenges. As less painful. end brought some good news. In a sign a result, last year’s legislation—named A year and a half ago, the Republican that the people’s demonstrations had for our dear colleague, the late John Members of this body joined with sent a clear message, Hong Kong offi- McCain—authorized the largest year- House Republicans and President cials now said that the government on-year increase in defense spending in Trump to deliver historic tax cuts and will suspend consideration of the pro- 15 years. tax reform to the American people. posed ‘‘extradition’’ bill indefinitely. The bill introduced last week is a Middle-class families, parents, small step further toward implementing our business owners, farmers, and job cre- The fate of Hong Kong and its special important new national defense strat- ators across the Nation are keeping status is a subject I have watched care- egy, toward renewing the readiness and more of what they earn and sending fully for decades. Early on in my Sen- lethality of our forces, and toward less to the IRS. ate tenure, I introduced the legislation making sure that we never ask brave Now, thanks to this latest achieve- that still governs our relationship with American men and women to step into ment, the IRS will be just a little bit Hong Kong, the U.S.-Hong Kong Policy harm’s way without all possible tools easier to deal with as well. Act of 1992, which President Bush 41 and training to help them succeed. I suggest the absence of a quorum. signed into law. On the day I intro- This crucial legislation has a chance to The PRESIDING OFFICER. The duced that legislation, I said it was be a major bipartisan success story of clerk will call the roll. heartening to see that ‘‘democracy is this Congress. It is already off to an en- The senior assistant legislative clerk finally gaining a tenuous foot hold in couraging start, having been voted out proceeded to call the roll. Hong Kong.’’ of the Armed Services Committee by Mr. THUNE. Madam President, I ask Well, the nearly 30 years since then an overwhelming bipartisan margin. unanimous consent that the order for have shown us all just what the people And it is easy to see why. As great- the quorum call be rescinded. of Hong Kong can do when the terms of power competitors like Russia and The PRESIDING OFFICER. Without their independence and freedom are re- China continue to challenge U.S. inter- objection, it is so ordered. spected. We have seen Hong Kong ests, this NDAA will help to maintain f thrive, in large measure due to the po- and expand our alliances and partner- litical and economic freedoms and sta- ships, along with our ability to stand AGRICULTURE ble rule of law that Hong Kong’s spe- firm. The bill puts readiness front and cen- Mr. THUNE. Madam President, our cial status has enabled, but we have ter. In recent decades, our most formi- economy is thriving. Republican eco- also seen clearly in recent days that dable competitors have taken every op- nomic policies, particularly the his- freedom’s foothold in the shadow of portunity to deploy new technological toric tax reform legislation that we mainland China is not a given. It re- threats. Keeping American and allied passed at the end of 2017, have helped mains tenuous even now. servicemembers out of harm’s way to produce economic growth, higher I wanted to again express my admira- means keeping up with these develop- wages, and better opportunities for tion for the people of Hong Kong and ments and outpacing them. workers. their strong but peaceful response to The bill takes steps to expand over- Unfortunately, our Nation’s agri- this proposed encroachment. I am glad sight and increase efficiency at the culture economy is trailing behind the to see their leaders respect their will- Pentagon. It honors the tremendous economy as a whole. A combination of ingness to stand their ground, and I sacrifices made by servicemembers and natural disasters, low commodity hope the city’s authorities will con- their families by securing the largest prices, and protracted trade disputes tinue to respect the clear will of the pay raise in a decade, along with sev- have left farmers and ranchers and people on these issues moving forward. eral other important reforms. rural businesses struggling. Although

VerDate Sep 11 2014 01:26 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.002 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3633 2019 crop prices have improved, mil- are fully grazed. Due to last year’s se- interested in the Conservation Reserve lions of acres of cropland will go vere and lengthy winter, feed supplies Program but didn’t want to take por- unplanted and leave many farmers have disappeared and have left no re- tions of their land out of production for with no crops to market this year. serves. Corn stalks, which are a source a decade or more. The Soil Health and Farmers and ranchers have a tough of grazing and bedding, will be in short Income Protection Program, or SHIPP, job. Feeding our Nation and the world supply this year, which will result in provides a new, short-term option for is tough, backbreaking work. Farmers severe feed shortages and a need for ad- farmers that will allow them to take and ranchers put in long days that ditional roughage. That is why I have their worst performing cropland out of start before the Sun rises and often end been pressing the Department of Agri- production for 3 to 5 years instead of long after the Sun sets. Yet, no matter culture to move this date up for farm- the 10 to 15 years that is required by how hard they work, all of their labor ers in the Northern States. Cover crops the CRP’s rules. Like the CRP, it will can be undone by one devastating are a win-win situation and can reduce protect our environment while it will storm or flood. For most Americans, a feed shortages for many livestock pro- improve the bottom line for farmers. bad storm might mean a wet or a de- ducers. They help the environment by The sooner we get this program imple- layed commute. For farmers and preventing soil erosion, which can pol- mented, the sooner farmers and the en- ranchers, it can literally mean the loss lute streams and rivers and worsen vironment will see the benefits. of substantial parts of their liveli- flooding, and they benefit farmers by I have also been pressing the USDA hoods. improving soil health, which improves to issue guidelines for the second round I am proud to represent South Dako- future crop yields. of Market Facilitation Program pay- ta’s hard-working farmers and ranchers It is important that we don’t discour- ments, and I emphasized this point in the Senate, and addressing their age farmers from planting cover crops again at last Thursday’s meeting. needs is one of my biggest priorities by insisting on the November 1 harvest While I know our farmers would rather here in Washington. Right now, I am date, and I emphasized that point to receive a check from the marketplace working on several fronts to expand the Deputy Secretary and the Under than from the government, we have economic opportunity for farmers and Secretary. I know the Department of safety net programs in place to help in ranchers and help them access the sup- Agriculture is looking at this issue exactly the kinds of situations our port they need. right now, and I will continue to en- farmers find themselves in today. I recently requested a meeting with courage the Department to reach a de- I continue to press the administra- the Department of Agriculture to dis- cision that addresses the reality that is tion on when the government will wrap cuss cover crop harvest flexibility on faced by northern farmers. up negotiations on the various trade prevent plant acres, Market Facilita- Another subject I raised at the meet- deals that are under consideration. I tion Program payments, and Conserva- ing last week was of the Conservation strongly support the administration’s tion Reserve Program signups. Last Reserve Program signups. All farmers goal of strengthening market access Thursday, the Deputy Agriculture Sec- are familiar with the Conservation Re- for our Nation’s farmers and ranchers, retary—the second highest ranking of- serve Program, or CRP, as we refer to and we have made real progress in ficial at the Department of Agri- it, which provides incentives for farm- those negotiations. Now it is time to culture—and the USDA Under Sec- ers to take environmentally sensitive push for a conclusion to these deals. retary for Farm Production and Con- land out of production for 10 to 15 In addition to increased market ac- servation came to my office to meet years. cess, farmers and ranchers need cer- with me on these issues. The Conservation Reserve Program tainty about what international mar- One important topic of discussion helps the environment by improving kets will look like. I am also pushing was of moving up the November 1 date soil health and water quality and by for the congressional consideration of for haying or grazing cover crops plant- providing habitat for wildlife, includ- one already concluded trade agree- ed on prevented plant acres. South Da- ing endangered and threatened species. ment—the United States-Mexico-Can- kota’s farmers and ranchers are cur- It also helps farmers by reducing their ada Agreement—in the near future. rently facing the fallout from severe crop insurance costs and providing This agreement will preserve and ex- winter storms, heavy rainfall, bomb cy- them with an annual payment for the pand farmers’ and ranchers’ market ac- clones, and spring flooding. Planting is land they have taken out of produc- cess to Canada and Mexico, and Con- behind schedule, and some farmers’ tion. gress should take it up and pass it as fields are so flooded that they won’t be I have spent years pushing for an in- soon as possible. able to plant at all this year. The situ- crease in the Conservation Reserve To all of South Dakota’s farmers and ation is similar throughout the entire Program’s acreage cap, and we finally ranchers, I know you all have had a Midwest. As a result, many farmers are got a substantial increase in last year’s very tough few years. I am working thinking about planting quick-growing farm bill. Yet the Department of Agri- hard here in Washington to do what- cover crops on their prevent plant culture needs to expedite both general ever I can to support you, and I will acres for feed and grazing, once their and continuous CRP signups to allow keep fighting every day to get our agri- fields finally dry out, in order to pro- farmers to take full advantage of the culture economy thriving again. cap increase. Taking millions of acres I yield the floor. tect the soil from erosion. I suggest the absence of a quorum. Yet there is a problem. Right now, of land out of crop production in the The PRESIDING OFFICER. The the Department of Agriculture doesn’t next year could have a big impact on clerk will call the roll. allow farmers to harvest or graze cover the farm economy by driving up com- The senior assistant legislative clerk crops on prevent plant acres or to use modity prices, which will boost farms’ proceeded to call the roll. them for pasture until November 1. incomes. In order for this to happen, Mr. MENENDEZ. Madam President, I Farmers who hay or graze before this we need to make sure that farmers can ask unanimous consent that the order date face a reduction in their prevent get their less productive land enrolled for the quorum call be rescinded. plant payments, which is crop insur- in the Conservation Reserve Program The PRESIDING OFFICER. Without ance to help them cover their income and out of crop production by next objection, it is so ordered. losses when fields can’t be planted due year. That is why I have been urging f to flooding or other issues. November 1 the Department of Agriculture to make is generally a pretty reasonable date sure farmers can sign up in a timely MOTION TO DISCHARGE—S.J. RES. for farmers in Southern States, but in manner. 36 Northern States like South Dakota, I also urged the Department to expe- Mr. MENENDEZ. Madam President, November 1 is too late for harvesting dite signups for the Soil Health and In- pursuant to the Arms Export Control thanks to the risk of snow and other come Protection Program. I introduced Act of 1976, I move to discharge the late fall or early winter storms. the Soil Health and Income Protection Foreign Relations Committee from fur- It is also too late to maximize the Program, which became law as part of ther consideration of S.J. Res. 36, reuse of cover crops for pasture since the last year’s farm bill, in order to ad- lating to the disapproval of the pro- ground can freeze before cover crops dress the concerns of farmers who were posed transfer to the Kingdom of Saudi

VerDate Sep 11 2014 01:26 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.004 S18JNPT1 S3634 CONGRESSIONAL RECORD — SENATE June 18, 2019 Arabia, the United Kingdom of Great works for months. So how can it be in For the first time in franchise his- Britain, and Northern Ireland, the the works for months, you are before tory, the Blues brought the Stanley Kingdom of Spain, and the Italian Re- this body, and you say nothing 3 days Cup trophy to Missouri to celebrate public of certain defense articles and before you actually declare an emer- their incredible achievement and to services. gency? So on the process itself, it is share it with some of the best sports The PRESIDING OFFICER. The mo- just false. fans in America. tion is pending and debatable for up to Secondly, what is happening in Senator HAWLEY and I look forward 1 hour. Yemen is a humanitarian disaster that to a chance, before too long, to host Mr. MENENDEZ. Madam President, has been exacerbated by the very weap- the Stanley Cup here at the Senate so the resolution I have just asked for the ons we have been giving the Saudis in all my colleagues will get to see the discharge of would disapprove the ad- order to fight this conflict in Yemen joy we have in seeing that come to our ministration’s sale of precision-guided and has created untold humanitarian State. munitions to the Kingdom of Saudi disaster. It is hard to imagine that just 6 Arabia—weapons they have used in the These precision-guided missiles were months ago, the Blues were the lowest killing of an untold number of innocent meant to avoid civilian casualties, but ranked team in the NHL. I think at the civilians in their ongoing campaign in they are not going to avoid civilian first of the season the odds were 60 to Yemen. casualties when you aim them with 1 that the Blues would win the Stanley This resolution is 1 of 22 that I have precision at civilian targets. I will Cup. Those were the highest odds any filed with a bipartisan group of Sen- have a lot more to say about that when team faced. ators in response to the administra- my colleagues who are joining with me, As it turned out, the odds aren’t al- tion’s flagrant disregard for congres- on a bipartisan basis, come to the ways what counts. What counts is how sional oversight over arms sales. floor. We hope to have a colloquy with you play the season. So they got off to On May 24, the Secretary of State at- all of our colleagues in this regard. a rough start, changed their coach in tempted to bypass this body in order to The other point is, these weapons January, and then as the season pro- push through 22 separate arms sales to will not counter Iranian threats. This gressed, at the end of the regular sea- Saudi Arabia and the United Arab is all about using them in Yemen, and son, they won 11 straight games. Emirates, claiming an ill-defined emer- the Assistant Secretary of State, A rookie, Jordan Binnington, led the gency regarding Iran. Clarke Cooper, admitted as much in a team to an incredibly successful second Now, while Iran is a threat to the in- hearing before the House last week. half. His goalie performance in the sec- Lastly, as a major point, which I will terests of the United States and the ond half of the season, and particularly expound upon, this particular transfer Middle East, I think no one in this in the Stanley Cup games, was extraor- is a transfer not only of sensitive tech- body has been stronger on our sanc- dinary, especially in that last game. nology but of American jobs to the tions efforts and in other legislation The Blues eventually moved on to Saudis. This export license will allow that I have been the architect of on get the third seed in the Western Con- Saudi workers to begin to manufacture sanctioning Iran. The question before ference playoffs. They won their series part of the electronic guidance system us is whether these arms sales are spe- against Winnipeg in four games to two for these precision-guided munitions— cifically meant to be a response to in the first round. They advanced to work that has been done and should that. the second round to defeat the Dallas continue to be done by American work- These arms sales are a critical na- Stars in a really dramatic double over- ers in the United States. I don’t think tional security tool in terms of review- the transfer of those sensitive tech- time victory in game seven. They con- ing and approving them as a core func- nologies and the creation of its compo- tinued their historic run, defeating the tion of the Senate Foreign Relations nents is something that is in the na- San Jose Sharks in round three, and Committee. We are responsible for con- tional interest, both economically or in then the Blues made it all the way to sidering how each proposed sale fits terms of our security. the Stanley Cup final and ended the into the broader foreign policy goals Lastly, this is about this institution season with a decisive 4-to-1 victory in and our national security interests, in- standing up for its congressional pre- game seven and at Boston. cluding the capacity and interoper- rogatives to ensure that regardless of I think, if you look back at the ability of our partners. who the President is in the White record on this, the Blues had clearly The congressional review of arms House, arms sales are subject to review learned to win away from home, and sales is mandated for a reason: so the of the Congress. The day we give that they proved that in the Stanley Cup. Secretary of State explicitly cannot do up is the day we go down a dangerous They played as one team, they played what he tried to do last month with path. as one unit, but they had lots of people these 22 sales to Saudi Arabia and the This is the beginning of a process. I helping. Ryan O’Reilly set a franchise United Arab Emirates. want to say that I appreciate the will- record with 23 points in the playoffs. The suggestion that this is an emer- ingness and efforts of my cosponsor, He ultimately went on to win the Conn gency, I think, was shown to be totally Senator GRAHAM, and of the majority Smythe Award as the postseason MVP. hollow when we had the testimony of leader, as well as their staffs, to chart Jordan Binnington, whom I mentioned the Assistant Secretary of State, an acceptable path forward on these before, became the first and only rook- Clarke Cooper, who admitted in an resolutions and on the Saudi sanctions ie goalie to win 16 games in the Stan- open House hearing that the decision bill in the SAFE Act, which we also ley Cup playoffs. Patrick Maroon, a to make the emergency determination seek to have an opportunity on. I will Missouri native, scored a heroic goal in was in the works for months—months. have a lot more to say about these the double overtime of game seven It doesn’t take months to deal with arms sales, but to start this process, I against the Dallas Stars. an emergency. wanted to outline why we find our- There was another individual who When pressed on how an emergency selves here today. was reflective of just lots of the fans declaration could be in the works for I yield the floor. whom the Blues had with them. This months, he tried to argue that the The PRESIDING OFFICER. The Sen- superfan, Laila Anderson, 11 years old, emergency showed up sometime be- ator from Missouri. didn’t let her battle with a rare, life- tween the 2 days that the Secretary ST. LOUIS BLUES threatening disease prevent her from briefed Members and then made the no- Mr. BLUNT. Madam President, I cheering on the team she loved. tification. want to talk about good news for two At the beginning of game three in the The Secretary of State was before of our major cities in Missouri. I will Stanley finals, she took to the ice be- this body briefing Members, and at start with the sporting news, which fore the puck dropped and fired up the that time, 3 days before this emergency would be the July 12 victory of the St. team and the nearly 20,000 fans who was declared, he said absolutely noth- Louis Blues, when they earned their filled the Enterprise Center. ing—nothing—about any pending emer- spot in the history books when they de- Laila became such an important fac- gency, even though Assistant Sec- feated the Boston Bruins in game 7 of tor to the Blues’ victories that they retary Cooper said it had been in the the Stanley Cup finals. flew this 11-year-old to Boston to make

VerDate Sep 11 2014 01:26 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.006 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3635 sure their No. 1 fan would be there to lot more food is going to have to be portunities—very appropriate to men- cheer them on in game seven. grown on the same land with fewer in- tion with my native Missouri and now Shortly after the Blues were pre- puts, to meet our environmental con- the Senator from Florida here in the sented with the Stanley Cup, she cele- cerns, our climate concerns, our other Chair. We have major league sports brated with the players on the ice as concerns, but still feed the world in a teams, like the Royals, the Chiefs, and they passed around that iconic trophy. way that we are uniquely positioned to Sporting Kansas City. We have a thriv- Her inspirational story is just an- be a lead partner in that partnership of ing theater culture, a world-class mu- other example of why this was a season feeding the world. seum at the Nelson-Atkins Museum of right out of the storybooks. The city of The move the USDA has made will Art, the Negro Leagues Baseball Mu- St. Louis and our State will never for- give them the opportunity to strength- seum, Science City at Union Station, get the Blues’ incredible achievement en partnerships they already have and and that names just a few. this year. have even greater impact as they work The motto of USDA is ‘‘Do Right and I would like to congratulate Tom to improve crop yields and develop risk Feed Everyone.’’ By the way, we were Stillman, the general manager; Doug management strategies. doing research at the Federal level be- Armstrong, the head coach; Craig Our State is also a big part of the fore there was a USDA. In the 1850s, ag Berube; and all the coaches, the play- Kansas City Animal Health Corridor, research was going on right here in ers, the fans, and the staff who brought which extends from Manhattan, KS, to Washington sponsored by the Federal this incredible victory home to St. Columbia, MO. That corridor is home Government. In 1862, when the USDA Louis. to more than 300 animal health compa- was formed, one of the principle rea- I look forward to hearing our fans nies. It is the largest concentration in sons was research. These two facilities sing ‘‘Gloria’’ many more times next the world of that business and includes will be an important part of that. When year when the team defends its title as five of the world’s largest animal the people at ERS and NIFA join the Stanley Cup champions. health companies. many USDA colleagues they already USDA Relocating these agencies will save have in our State, we think they will Mr. BLUNT. Madam President, as the taxpayers a lot of money. Secretary find their mission easier and more re- St. Louisans were celebrating the Perdue anticipates that almost $300 warding than ever. Stanley Cup, people on the other side million will be saved over the next 15 It is a great time to look forward to- of our State in Kansas City received years and all the moving costs will be ward the future of agriculture. Cer- some great news—this time great news earned back within 12 months of the tainly Missouri and Kansas City and from the Federal Government, when move. It is hard to imagine an invest- Kansas and that entire region that the U.S. Secretary of Agriculture, ment you make where you have 100 hubs around Kansas City, MO, are ex- Sonny Perdue, announced on Thursday percent payback in 12 months, but that cited to be a bigger part of that. Con- that two Federal ag research agencies is going to happen with this one. gratulations to those employees, and would be moving their headquarters to That frees up more resources to go congratulations to the decision Sec- the Kansas City region from Wash- toward grants and research instead of retary Perdue has made to relocate ington, DC. being paid to the Department’s land- those two Washington-based organiza- The Economic Research Service and lords. tions to a place where they are going the National Institute of Food and Ag- (Mr. SCOTT of Florida assumed the to be closer to the work they do. riculture together will bring more than Chair.) Mr. President, I yield the floor. I think it will also be a huge upgrade I suggest the absence of a quorum. 500 jobs to the Kansas City area. It is The PRESIDING OFFICER. The for the lives of people who will be Fed- fantastic news for our State, for our re- clerk will call the roll. eral employees living outside of Wash- gion, I think also for the workers at The senior assistant legislative clerk ington and in the middle of the coun- those two agencies and their families. proceeded to call the roll. The point of the move is to get these try. Last month, the average house in Mrs. BLACKBURN. Mr. President, I important government offices closer to Washington cost more than $600,000. In ask unanimous consent that the order the customers they serve and to save Kansas City, the average price was for the quorum call be rescinded. the taxpayers money. Kansas City will about a quarter of that. Now, you can The PRESIDING OFFICER. Without be a great place to do both of those find the $600,000 house in Kansas City, objection, it is so ordered. things. but it is not the average house being Mrs. BLACKBURN. I ask that I be Missouri is already home to more sold like it is here. I know local banks permitted to speak for up to 7 minutes than 5,000 U.S. Department of Agri- and mortgage companies are standing as in morning business. culture employees and contractors ready to help those Federal families as The PRESIDING OFFICER. Is there working for a dozen different Depart- they move to Kansas City. objection? ment offices in the Department of Ag- Also—now that we have gone from Without objection, it is so ordered. riculture, but bringing these two agen- Madam President to Mr. President, as NATIONAL DEFENSE AUTHORIZATION ACT cy headquarters to the State will put the Senator from Florida has taken the Mrs. BLACKBURN. Mr. President, as them right in the middle of some of the seat and is in charge of the Senate here we move toward debate over the Na- most exciting and cutting-edge innova- for a while—you are making that deci- tional Defense Authorization Act for tion happening in the ag industry. sion with the current employees in Fiscal Year 2020, I wanted to remind Talk about being closer to your cus- mind, but I think you are also making my colleagues that while we stand pre- tomers, the farmers of America, and that decision, more importantly, with pared to negotiate its various provi- closer to examples of innovation, I future employees. Where will be the sions, our military men and women think this move and Secretary Pur- best place to recruit? Where will be the stand at the ready. They stand at the due’s decision is clearly going to show best place to encourage people to do ready every single day. It is a 24/7 busi- that is the case. graduate work and other things that ness for them for a much more serious Kansas City is close to at least a allow them to do their jobs better? I task, and that is the defense of this dozen land-grant universities in our think there were other choices, but I great Nation. State. Two of those would be the Uni- certainly think the choice of Kansas As we consider this year’s NDAA, we versity of Missouri in Columbia and City was a good one. There is a thriv- must do so with the understanding that Lincoln University in Jefferson City. ing economy right now, with lots of job our Nation is faced with new, sophisti- These institutions, along with the opportunities. Like the rest of the cated threats to our way of life and to other land-grant institutions in the re- country, there are more jobs available the world order. gion, are preparing for the next genera- than people looking for work. Missouri Two emerging warfighting domains— tion of ag leaders to meet maybe the added 8,200 jobs last year, and we con- cyber and space—are capturing much greatest challenge of all time as world tinue to see that happen. of the attention of this body and our food demand moves toward doubling Our new neighbors will also find that allies and, I will also add, capturing between now and 2050 and world food Kansas City is home to limitless cul- the attention of our enemies, of those need doubles between now and 2060. A tural, educational, and recreational op- who do not wish us well.

VerDate Sep 11 2014 01:26 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.007 S18JNPT1 S3636 CONGRESSIONAL RECORD — SENATE June 18, 2019 It is these two domains—cyber and projects must not end up as a casualty Committee on a party-line vote in Feb- space—that pose increased threats to of budget negotiations. ruary, but for some reason, the Repub- our national infrastructure and our Now, it is true that this is a massive lican leadership decided to wait and way of engaging with both those allies authorization and that much of the force a vote on the floor of the Senate and our adversaries. Debating defense funding we authorize will not manifest during Pride Month. Now they are call- spending means thinking beyond heli- itself in visible hardware, but I encour- ing for a vote this week. copters and submarines or equipment age my friends in this body, do not let Mr. Kacsmaryk has not been shy and artillery and viewing this author- this deter you from seeing the big pic- about his hostility to marriage equal- ization in the larger context of multi ture. National defense is no longer lim- ity in transgender Americans. On June and unseen domain warfare. That is ited to the tools and infrastructure we 24, 2015, he wrote an article in which he why my colleagues and I on the Senate can see. It includes an enormous cov- noted that the Supreme Court would Armed Services Committee have come ering that is needed by our Nation and decide the Obergefell case in the next to the table with a bill that shores up our allies in this virtual space. few weeks and speculated whether five funding for these legacy programs and We must focus our defense budget on Justices would, in his words, ‘‘invent a devotes new funding to address these future threats, not those of the past, in constitutional right to same-sex mar- emerging threats. order to not repeat the mistakes of the riage.’’ First and foremost, this bill author- past. I believe that this year’s NDAA After the decision, Mr. Kacsmaryk izes a 3.1-percent pay increase for the accomplishes just that. wrote a disparaging summary—which I Members of our Armed Forces. That is I yield the floor. will not quote into the RECORD—but it so vitally important for the men and The PRESIDING OFFICER. The as- certainly shows his opposition to the women at Fort Campbell, which is lo- sistant Democratic leader. fundamental premise behind that deci- cated right there on the Tennessee and NOMINATION OF MATTHEW J. KACSMARYK sion. He was quoted in the Liberty In- Kentucky border. That is a post where Mr. DURBIN. Mr. President, if you stitute blog of October 16, 2014 saying I have spent much of my legislative ca- study the recent course of American ‘‘the pro-marriage movement must pre- reer involved with those men and history, you can note there has been pare for the long war.’’ women and with the command team. the emergence of opportunity and de- He signed a letter in 2016 relating to This is a justified and well-earned bates on freedom many times during transgender Americans, calling them raise that recognizes their commit- the last 50 years. ‘‘a delusion.’’ Last December, the par- ment to defending against unfamiliar I think back to my time, my early ents of 300 transgender children—in- threats that rise above and beyond the years of education in high school and cluding 39 from my State of Illinois— everyday servicemember’s scope of college, when America was in the midst wrote the Senate in opposition to Mr. duty. of debate about the rights of African Kacsmaryk’s nomination and said: We have found ourselves once more Americans—the civil rights movements ‘‘Our children are not a delusion, and in the midst of great power competi- in the 1960s. neither is our love and support for tion. America will always have rivals We have also had debates as well on them.’’ on the world stage. Over the past dec- the question of liberty and freedom— Even though Mr. Kacsmaryk has ex- ade, we have seen countries like China freedom from discrimination for pressed strident personal views oppos- and Russia pursuing increasingly so- women in America and for those who ing LGBTQ rights, and even though he phisticated and lethal weapons sys- are disabled. It really is the hallmark has litigated frequently in cases in- tems. of this democracy that we continue to volving these matters, he would not We have no choice but to recognize expand opportunity and continue to commit to recuse himself from cases this emerging reality and give our question our own beliefs when it comes involving this issue if he were to be military men and women the tools to the freedom which each of us cher- confirmed by the Senate. they need to combat developing threats ishes. I oppose the Kacsmaryk nomination. and preserve U.S. preeminence across We are now in the midst of an inter- This is yet another extreme nominee all warfighting domains. esting transformation in this country outside the mainstream of American With this funding, we will prioritize on the issue of rights of people with thinking who does not deserve to be more sophisticated cyber security and different sexual orientation. We have rubberstamped for a lifetime appoint- space-based strategies, artificial intel- seen some dramatic changes in just the ment by the U.S. Senate. ligence, and other emerging tech- last few years as we find more and THE KOVLER CENTER AND CAMEROON nologies. We will take steps to protect more people speaking out against dis- Mr. President, just 2 weeks ago, I had the integrity of our supply chain so we crimination against those of a different a meeting in Chicago with my col- can be confident the microelectronics sexual orientation, and, of course, the league Congresswoman JAN SCHA- we depend on have not been corrupted landmark decision in Obergefell, where KOWSKY. We were at Heartland Alli- by foreign spyware. the U.S. Supreme Court recognized the ance’s Marjorie Kovler Center. What A good defense is only as strong as right for same-sex marriage. This is happens at this center is truly remark- its weakest link, and this bill will not without controversy and not with- able and a reflection of America’s long allow us to shore up our relationship out dissenters, but the mainstream of history of welcoming those who are with the defense industrial base and America, the vast majority of Ameri- fleeing political violence. ensure that contractors are not under cans believe we are moving along the The Kovler Center is home to one of the undue influence of foreign actors. same path we did when we talked about our Nation’s oldest and most respected This is all in addition to readiness the rights of those who are minorities, facilities, helping those recovering projects here at home. women, and the disabled, when we say from complex consequences of politi- Our mark includes full funding for people should be free of discrimination cally sanctioned torture. This is its the National Nuclear Security Admin- because of their own sexual orienta- 32nd year in operation. More than 3,000 istration, which is critical to our nu- tion. torture survivors from 80 different clear modernization program. That is why it strikes me as unusual, countries have received assistance and I think it is worth noting that our more than coincidental, that in June— counsel at the Kovler Center in Chi- friends in the House cut over $70 mil- the LGBTQ Pride Month—our Repub- cago. lion from infrastructure and facility lican colleagues decided to bring to the The problem of torture among refu- operations, which goes toward rebuild- floor the nomination of Texas district gees is significant. ing crumbling buildings at the NNSA court nominee Matthew Kacsmaryk, The PRESIDING OFFICER. The Sen- plants and labs. That is funding that who has repeatedly written in his per- ator’s time has expired. should be restored. Modern and respon- sonal capacity about his opposition to Mr. DURBIN. Mr. President, I ask sive nuclear infrastructure is an essen- LGBTQ rights and the Obergefell deci- unanimous consent to speak for an ad- tial part of credible deterrence, which sion. ditional 2 minutes. is a critical concern in great power Mr. Kacsmaryk’s nomination was re- The PRESIDING OFFICER. Without competition. Funding for these ported out of the Senate Judiciary objection, it is so ordered.

VerDate Sep 11 2014 01:26 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.013 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3637 Mr. DURBIN. The problem of torture gratitude to Alana Petersen, my dep- turn, has been a shoulder to lean on, a among refugees is significant, with an uty chief of staff and long time staff strategic adviser, a gut check, and a estimated 44 percent of refugees in the leader for the Minnesota congressional great excuse for a good laugh when ei- United States having been victims of delegation. Alana is retiring from her ther of us needs it. such horrors. Those from Bosnia, Cam- official role after serving the Min- This has been true for both of us for bodia, and many other places all re- nesota delegation since 1993. years, but never more so than in this ceive free treatment at the Kovler Cen- During her public service, Alana last year when I became an accidental ter to recover from their trauma. worked for Congressman Dave Minge, Senator and called on my old friend to During my visit I had the privilege of from Minnesota’s First Congressional jump in one more time to help me be- meeting refugees who had fled the District; Congressman John Oberstar, come a Senator and win a Senate seat, mounting violence in Cameroon. Cam- from Minnesota’s Eighth Congressional all in 10 months. Alana helped me to eroon is a West African nation that is District; Senator Al Franken; and now see that I could do this job and also dealing with a complicated colonial for me. In all of those roles, she has win an election in such a short time. It legacy. Following World War I, the served the people of Minnesota first is no exaggeration to say that I League of Nations appointed France and especially those who most needed couldn’t have done any of this without and Great Britain as joint trustees to an ally and a voice in the halls of her. what was previously a German colony. power here in Washington: farmers and Alana has the heart of an organizer. Not surprisingly, the two colonial pow- rural families, new immigrants, Min- In fact, she tells the story that she ers imposed their own cultures on the nesota’s Tribal communities, and Min- first canvassed her neighborhood as a new Cameroon. nesota’s diverse communities of color. fifth-grader, knocking on doors for the Tragically, following the country’s For those of you who don’t know father of a friend of hers who was run- independence in the 1960s, Cameroonian Alana, let me tell you a little bit about ning for office. She has been organizing strongman President Paul Biya, one of her. Alana was born in Minnesota and, and engaging people in the democratic the world’s longest serving leaders— like me, spent part of her childhood in process ever since. now almost 40 years in office—further As an organizer Alana knows that favored the French-speaking popu- New Mexico. In fact, she and I went to the same elementary school, although the best ideas come from the ground lation over its Anglophone regions. up, not the top down. She understands The results were not surprising. The Alana is younger than me and had the benefit of a new building. that the best work happens when you mounting resentment and calls for build relationships with people at the greater autonomy within the Alana headed Al Franken’s Min- nesota Senate office beginning when he grassroots. She has mentored and Anglophone population caused ensuing taught generations of campaign and violent suppression from the Biya re- was sworn in 2009. Before joining Franken’s staff, she worked in the of- congressional office staffers that team- gime. The refugees I met with told work based on mutual respect, high ex- harrowing stories of this crackdown fice of Congressman Jim Oberstar for 5 years as deputy district director, and pectations, and clear goals makes and violence. progress for people possible, and that it she worked for Congressman Dave I was pleased to join Senator VAN can be joyful work. Minge for 6 years in several capacities. HOLLEN last year in a letter urging For years Alana has been the go-to Alana also served as executive direc- Secretary Pompeo to focus attention person for young candidates just start- tor of Target Market, a statewide non- on the unrest in Cameroon, and I was ing out—and a lot of us seasoned politi- profit organization that promoted an equally pleased when the administra- cians too. The political offices, cam- anti-tobacco message to teens, and she tion scaled back U.S. military assist- paigns, and nonprofits of Minnesota are held a position at Grassroots Solu- ance to Cameroon due to this govern- powered by the people Alana has ment’s violent repression. As a Member tions, a political consulting firm where taught and mentored. of the Appropriations Committee, I she worked with national labor unions, As an organizer, she is rooted in the will be watching carefully the level of congressional candidates, and pro- value that Paul Wellstone best ex- violence in Cameroon and, when the choice organizations. pressed when he said that politics day comes, when we consider any for- As if her official work weren’t shouldn’t be about money and power; it eign aid to this Nation. enough, Alana has long been a go-to should be about improving people’s The work of the Kovler Center is a volunteer for her community, where lives. reminder that if we are going to stand she has served as chair of the East Cen- It means more to me than I can ex- up for human rights we must be willing tral Regional Arts Council and board press that Minnesotans elected me to to be vigilant at all times, even for chair for Women Winning, a bipartisan serve in this seat once held by Hubert small countries as far away as Cam- group dedicated to electing more Humphrey, Walter Mondale, and Paul eroon. women to public office. Wellstone. I yield the floor. Alana is married to Thom Petersen, On October 25, 2002, we lost Paul in a f who is the Minnesota commissioner of terrible plane crash, along with Paul’s EXECUTIVE SESSION agriculture for Governor Tim Walz, and wife Sheila, his daughter Marsha, and she is mom to Waylon and Dylan. staffers Will, Tom, and Mary Mac, Alana and her family live on a working Alana’s mentor. In the fall of 2002, EXECUTIVE CALENDAR farm in Pine County, MN, an hour Alana had quit her regular job in Du- The PRESIDING OFFICER. Under north of the Twin Cities. The Petersens luth to join the campaign for Paul’s re- the previous order, the Senate will pro- raise and show miniature horses at election because she knew she wanted ceed to executive session to resume county fairs all across Minnesota and to contribute to the grassroots move- consideration of the following nomina- at the Minnesota State Fair, earning ment that Paul was building. The plane tion, which the clerk will report. blue ribbons, not only because of the crash and the loss of our friends was The legislative clerk read the nomi- amazing minis but also thanks to the heartbreaking to all of us. nation of Sean Cairncross, of Min- amazing costumes sewn by Alana. Last year, on October 25, Alana nesota, to be Chief Executive Officer, To Thom, Waylon, and Dylan, thank shared a letter her father wrote to the Millennium Challenge Corporation. you for sharing your mom and wife Wellstone campaign team in the days The PRESIDING OFFICER. The Sen- with us and with Minnesota all of these after the crash. It is particularly ator from Minnesota. years. touching because her father, Thomas Ms. SMITH. Mr. President, I ask So I can’t tell you when I first met Christiansen, passed away on October unanimous consent to speak as in Alana, but we have been good friends 25, 2009, 7 years after we lost Paul. morning business. and allies for decades. As in all great Here is part of what Alana’s father The PRESIDING OFFICER. Without friendships born from working to- said: ‘‘For some, public service is the objection, it is so ordered. gether, we are connected by a sense of dedication of one’s life to the commu- TRIBUTE TO ALANA PETERSEN shared purpose, a sense of humor, and a nity. I have come to realize that my Ms. SMITH. Mr. President, I rise complete trust that, when in doubt, we daughter Alana is one of those elite today to pay tribute and express my can call the other one. Each of us, in few.’’

VerDate Sep 11 2014 01:26 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.015 S18JNPT1 S3638 CONGRESSIONAL RECORD — SENATE June 18, 2019 Alana, you are indeed one of those manely; however, the sheer chaos of and none of which have curbed the flow elite few. Thank you for your service this administration’s policy, the sheer at the border—so many different to Minnesota, and thank you for what mismanagement, the erratic nature things, none of which make sense. Re- you will continue to do for many years when the President says one thing one member the national emergency dec- ahead to move forward the hard but day and another the next, mean that laration to build a wall. Remember the precious work of improving people’s we must be precise and careful about tariffs with Mexico. Remember the lives. how we do it. shutting down of the border entirely. I yield the floor. The fact is very simple: President And now mass immigration arrests and RECOGNITION OF THE MINORITY LEADER Trump’s immigration policies are inhu- removal. It is a policy that is erratic, The PRESIDING OFFICER. The mane, erratic, fleeting, and impossible unsuccessful, ineffective, and maybe Democratic leader is recognized. to carry out at the same time. worst of all, inhumane—even taking a Mr. SCHUMER. Mr. President, I ask Right now, on the Homestead Air 4-month-old from his parents and leav- unanimous consent that I speak in Force Base in Florida, the Trump ad- ing that child with a trauma probably leader time. ministration has authorized a for-prof- for the rest of his life. The PRESIDING OFFICER. Without it company to build a temporary shel- We Democrats have a proposal that is objection, it is so ordered. ter for migrants that is little better common sense, that would actually do than an internment camp. We have TROOP DEPLOYMENT things. At one point, the President heard routinely about the separation of Mr. SCHUMER. Mr. President, last seemed to support it, but that was children from parents, about the hor- night, the Defense Department an- fleeting like every one of his other pro- rible conditions at the DHS facilities, nounced that 1,000 additional troops posals on immigration. Here is what we about children—children—in cages. would be deployed to the Middle East. propose. I hope the President is listen- That is as un-American as anything. This is the second deployment of 1,000 ing, and I hope, at least, our Repub- This past week, I read in the New or more troops in the past 30 days, os- lican colleagues are listening, because York Times the story of a 4-month-old tensibly to deal with Iran’s increased we can actually get something done. boy. It wrenched my heart. He was sep- We propose to provide more immigra- activity in the region. arated from his parents—a cleavage so tion judges at the border to reduce the Despite these two announcements, severe at an age so young that the boy backlog in cases. the President has yet to address the has suffered a great trauma. He is now We provide for the allowance of asy- Nation about these developments. The more than a year and a half old. He is lum seekers to apply for asylum within President has yet to articulate a strat- back in his home country of Romania their home countries. Why are these egy about American involvement in with his parents. He still can’t walk on people fleeing? The President would the region. He has yet to send a single his own. He still hasn’t spoken. have Americans believe they are all military commander to testify before What are we doing to these innocent drug dealers and MS–13 members. the Armed Services Committee. And he children? What are we doing? Stories There are a few of those, and they has yet to explain what his policy of like these are heart-wrenching; the shouldn’t be let in, and they shouldn’t ‘‘maximum pressure’’ on Iran is sup- policies that create them, unconscion- be given any mercy. Yet the vast ma- posed to achieve. All we have heard is able; and so often, the policies are an- jority of these people—you have seen the Secretary of State, our chief dip- nounced according to the President’s the pictures—is made up of parents and lomat, rattling the sabers of war. whim. Every day, the President seems children. Sometimes their daughters As U.S. troops again prepare to de- to have a different crazy idea, often have been threatened with rape by ploy to the Middle East, this adminis- contradicting his previous thought—a gangs or their sons have been murdered tration has an obligation to explain to national emergency declaration to or they are going to burn down their the American people exactly what is build a wall, tariffs for Mexico, shut- houses or burn down their businesses if happening and why. If they have a ting down the border entirely. they don’t go along with the gangs. case, they must make it public. Ameri- Last night, the President tweeted Who wouldn’t flee? Who wouldn’t? So cans are rightly skeptical and tired of that ICE was planning mass immigra- let them apply for asylum and not have endless wars in the Middle East—a reti- tion arrests and removal. The Presi- to pay the coyotes and not have them cence that many on the Republican dent seems to just invent a new policy make this dangerous trek of 1,000 miles side don’t seem to share. Americans in the morning by tweet with the sole from their own countries. It is a good know that smaller actions have a tend- purpose of rallying his base. proposal. At one point, the President ency to escalate into larger actions Ideas like deporting millions of im- entertained it. Let’s do it. even when there is no congressional au- migrants inside our border have been Finally, we provide security assist- thority and no check. dismissed by government officials in ance to Central American countries in The administration has offered to charge of immigration as unrealistic. order to crack down on the drug car- send various officials to give classified The very people the President puts in tels, the violent gangs, the corruption, briefings, but, frankly, that is not charge say this policy can’t happen. It and the lawlessness. nearly good enough. We have learned a doesn’t bother him. Maybe he was These are the things we should be hard truth from our experience in doing this to talk about it at his rally doing—having more immigration Iraq—that the drums of war start beat- tonight, his election rally in Florida. judges to reduce the backlog; allowing ing behind closed doors. The President But I will tell you something. He tried for asylum seekers to apply for asylum must make his pitch to the Nation in- this before the 2018 election—big crisis in their home countries; and providing stead of another closed-door meeting at the border. It didn’t seem to work. security assistance to crack down on with Senators. As the Commander in What appeals to a base—a rather nar- the drug cartels, violent gangs, and the Chief, he owes that to every American row base of the President’s supporters coyotes. but especially to the American service- does not appeal to the American people Yesterday, unfortunately, the State members, and their families, whom he when it comes to being erratic, inhu- Department did the opposite. It an- is sending into the Middle East. mane, harsh, and ineffective on immi- nounced it would cut off all further se- BORDER SECURITY gration. curity assistance, including over $400 Mr. President, Leader MCCONNELL Members of both parties should be million of already obligated assistance has indicated he plans to have the Sen- weary—weary—about giving the ad- to Guatemala, Honduras, and El Sal- ate consider legislation next week on ministration additional funding if it is vador, until the countries reduce the the administration’s request for sup- not going to be used to secure our bor- number of migrants coming to the plemental appropriations to handle mi- der or provide better conditions for mi- United States. Talk about cutting off gration at our southern border. As I grants and asylum seekers, especially your nose to spite your face. have said many times, Democrats want children. What an insane, insane new policy to provide the necessary resources to Again, just remember what the Presi- idea from the President—even crazier secure our borders and ensure that ev- dent has called for in the last few than some of the others. The Trump eryone who arrives there is treated hu- months, none of which have happened administration is actually doing the

VerDate Sep 11 2014 01:26 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.016 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3639 one thing that will make the migration The yeas and nays are mandatory not missed a single vote. Difficulties problem drastically worse. He will then under the rule. with travel or bad weather? She plans blame somebody else, but everyone can The clerk will call the roll. around them. Personal challenges? She see what is going on. It is almost as if The bill clerk called the roll. adapts and overcomes. Other priorities, the administration wants the problems Mr. DURBIN. I announce that the like political events or speaking en- at our borders to continue so the Presi- Senator from New York (Mrs. GILLI- gagements? All that takes a back seat dent can demagogue the issue for polit- BRAND), the Senator from California to her day job. No sick days. No get- ical purposes. This policy is complete (Ms. HARRIS), the Senator from Hawaii ting caught in meetings. No losing nonsense. (Ms. HIRONO), and the Senator from track of time in committee. No ex- So, as Leader MCCONNELL moves to New Mexico (Mr. UDALL) are nec- cuses. Just days and months and years the administration’s supplemental bor- essarily absent. of peerless preparation and remarkable der requests in the near future, I urge The PRESIDING OFFICER. Are there dedication to her Senate duties and to my Republican colleagues to study our any other Senators in the Chamber de- the Members she is so proud to rep- legislation. Unlike what the adminis- siring to vote? resent. Senator COLLINS learned from tration is doing and proposing, our The yeas and nays resulted—yeas 59, her parents, Donald and Patricia, who policies are reasonable, measured, and nays 37, as follows: each had a turn as mayor of Caribou, actually suited to the problem at hand. [Rollcall Vote No. 166 Ex.] ME, among other achievements. THE NATIONAL DEFENSE AUTHORIZATION ACT YEAS—59 We know our friend Senator COLLINS AND ELECTION SECURITY deeply admires her predecessor, Sen- Mr. President, I have been talking a Alexander Fischer Paul Barrasso Gardner Perdue ator Margaret Chase Smith—another lot to this day on election security, Blackburn Graham Portman legendary Maine Republican. Among and I will just make a final pitch. Blunt Grassley Risch her achievements, she stood boldly Boozman Hawley We hope that Leader MCCONNELL will Roberts against McCarthyism and insisted on stop stonewalling the need to improve Braun Hoeven Romney Burr Hyde-Smith independent thought and fair treat- the security of our elections and pre- Rounds Capito Inhofe Rubio ment. But as remarkable as Senator Carper Isakson vent Russian or Chinese or Iranian or Sasse Cassidy Johnson Margaret Chase Smith was, Senator North Korean interference in 2020, Scott (FL) Collins Jones COLLINS has surpassed her distin- which would gnaw at the roots of our Scott (SC) Coons Kennedy guished predecessor in at least one democracy. There are lots of ways we Shelby Cornyn King way: Senator SMITH’s own impressive can do it. We have UC statements on Cotton Lankford Sinema Sullivan string of consecutive votes ended just the floor and legislation we could bring Cramer Lee Crapo Manchin Thune shy of 3,000; Senator COLLINS has 7,000 to the floor that is bipartisan. We have Cruz McConnell Tillis and counting. an NDAA bill within which we will re- Daines McSally Toomey She is always prepared, always thor- quest some election security measures, Enzi Moran Wicker Ernst Murkowski Young oughly well informed, and always and we have the appropriations process present. That is what today’s mile- by which we can give money that is NAYS—37 stone tells us, and that is exactly who badly needed to the States. Baldwin Heinrich Schatz Senator COLLINS is every single day. We hope our Republican colleagues Bennet Kaine Schumer will join us in this. Preventing foreign Blumenthal Klobuchar Shaheen She is a valued colleague. She is a countries from interfering in our elec- Booker Leahy Smith friend. And frankly, she is an inspira- Brown Markey Stabenow tion. Thank goodness she isn’t stopping tions is not a Democratic or a Repub- Cantwell Menendez Tester lican issue; it is an American issue. It Cardin Merkley any time soon. Van Hollen The PRESIDING OFFICER. The Sen- is the very thing George Washington Casey Murphy Warner Cortez Masto Murray Warren ator from Maine. and so many of the other Founding Fa- Duckworth Peters Whitehouse Ms. COLLINS. I just wanted to thank thers warned us against over 200 years Durbin Reed Wyden the majority leader for his very gen- ago. There is no need for this to be par- Feinstein Rosen erous comments, as well as acknowl- tisan. We hope we can come together Hassan Sanders edge the good wishes and congratula- on the issue. NOT VOTING—4 I yield the floor. tions from so many of my colleagues, Gillibrand Hirono including my colleague from Maine, CLOTURE MOTION Harris Udall The PRESIDING OFFICER (Mr. Senator KING. The PRESIDING OFFICER. On this This is a momentous occasion for me, CRUZ). Pursuant to rule XXII, the vote, the yeas are 59, the nays are 37. a real milestone. I am proud of the fact Chair lays before the Senate the pend- The motion is agreed to. that I have never missed a rollcall vote ing cloture motion, which the clerk The PRESIDING OFFICER. The ma- during the time I have been privileged will state. jority leader. The bill clerk read as follows: to represent the great State of Maine Mr. MCCONNELL. I ask unanimous in the Senate. There have been some CLOTURE MOTION consent the Senate stand in recess fol- close calls over the years, but fortu- We, the undersigned Senators, in accord- lowing the remarks of myself, Senator ance with the provisions of rule XXII of the nately I have been able to be present COLLINS, and Senator KING. Standing Rules of the Senate, do hereby for each one. I realize that I have been move to bring to a close debate on the nomi- The PRESIDING OFFICER. Without blessed with good health and that when nation of Sean Cairncross, of Minnesota, to objection, it is so ordered. I had broken ankles, including one that be Chief Executive Officer, Millennium Chal- SENATOR COLLINS’ 7,000TH VOTE required surgery, it fortunately hap- lenge Corporation. Mr. MCCONNELL. Mr. President, I pened over the Christmas break, so Mitch McConnell, Roy Blunt, John Bar- want to take a moment to recognize a once again I was able to come back and rasso, Pat Roberts, Mike Crapo, John remarkable event that this institution Cornyn, John Thune, Kevin Cramer, not miss a vote. Roger F. Wicker, John Boozman, John was fortunate enough to witness just a But it is the embodiment of how seri- Hoeven, Thom Tillis, Johnny Isakson, few minutes ago. During the vote we ously I take the responsibilities with Tim Scott, Mike Braun, Richard Burr, just concluded, our distinguished col- which I have been entrusted by the Lindsey Graham. league, the senior Senator from Maine, people of Maine. Voting is a Senator’s The PRESIDING OFFICER. By unan- cast her 7,000th rollcall vote. It is a most solemn responsibility, and I feel imous consent, the mandatory quorum great milestone for Senator COLLINS strongly about making sure that my call has been waived. which bears witness to her dedication State is represented on each and every The question is, Is it the sense of the to this work and most especially to the rollcall vote we take in this Chamber. Senate that debate on the nomination people of Maine. It is actually even It hasn’t always been easy, but it is of Sean Cairncross, of Minnesota, to be more impressive than that. This wasn’t such a privilege and honor to represent Chief Executive Officer, Millennium just Senator COLLINS’ 7,000th vote; it the people of the great State of Maine. Challenge Corporation, shall be was her 7,000th consecutive vote. From I thank the majority leader, Senator brought to a close? the moment she was sworn in, she has MCCONNELL, for acknowledging this

VerDate Sep 11 2014 01:51 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.010 S18JNPT1 S3640 CONGRESSIONAL RECORD — SENATE June 18, 2019 milestone in my tenure in the Senate The clerk will call the roll. The PRESIDING OFFICER. By unan- and in my service to the people of The senior assistant legislative imous consent, the mandatory quorum Maine and this Nation. called the roll. call has been waived. Thank you, Mr. President. Mr. DURBIN. I announce that the The question is, Is it the sense of the The PRESIDING OFFICER. The Sen- Senator from New York (Mrs. GILLI- Senate that debate on the nomination ator from Maine. BRAND), the Senator from California of Matthew J. Kacsmaryk, of Texas, to Mr. KING. Mr. President, I want to (Ms. HARRIS), the Senator from Hawaii be United States District Judge for the join so many of my colleagues and the (Ms. HIRONO), and the Senator from Or- Northern District of Texas, shall be majority leader in congratulating my egon (Mr. WYDEN) are necessarily ab- brought to a close? individual colleague from the State of sent. The yeas and nays are mandatory Maine on this extraordinary achieve- The PRESIDING OFFICER. Are there under the rule. ment. any other Senators in the Chamber de- The clerk will call the roll. I once was at a meeting with Senator siring to vote? The senior assistant bill clerk called COLLINS in Maine and had just gotten The result was announced—yeas 59, the roll. my voting record, and I think I missed nays 37, as follows: Mr. DURBIN. I announce that the two votes out of a couple thousand. I [Rollcall Vote No. 167 Ex.] Senator from New York (Mrs. GILLI- BRAND said to Senator COLLINS: Look, I am YEAS—59 ), the Senator from California (Ms. HARRIS), the Senator from Hawaii 99.2 percent on making all the votes. Alexander Fischer Paul She paused for a moment and looked at Barrasso Gardner Perdue (Ms. HIRONO), and the Senator from Or- me and smiled and said: You will never Blackburn Graham Portman egon (Mr. WYDEN) are necessarily ab- Blunt Grassley catch me. And she was absolutely cor- Risch sent. Boozman Hawley Roberts The PRESIDING OFFICER. Are there rect that the math doesn’t work. Braun Hoeven Romney any other Senators in the Chamber de- To have made 7,000 consecutive votes Burr Hyde-Smith Rounds Capito Inhofe Rubio siring to vote? is an extraordinary achievement, par- Carper Isakson Sasse The yeas and nays resulted—yeas 52, ticularly given the logistics of this Cassidy Johnson Scott (FL) nays 44, as follows: place—the logistics of getting back and Collins Jones Scott (SC) [Rollcall Vote No. 168 Ex.] forth to Maine. She and I travel back Coons Kennedy Cornyn King Shelby YEAS—52 and forth to Maine frequently together. Cotton Lankford Sinema But to have achieved this is really Cramer Lee Sullivan Alexander Gardner Portman Barrasso Graham something remarkable in the annals of Crapo Manchin Thune Risch Cruz McConnell Tillis Blackburn Grassley Roberts the U.S. Senate. Daines McSally Toomey Blunt Hawley Romney In the 1980s and 1990s, I got to know Enzi Moran Wicker Boozman Hoeven Rounds Ernst Murkowski Young Braun Hyde-Smith Rubio one of her predecessors, Senator Mar- Burr Inhofe garet Chase Smith, who was a legend in Sasse NAYS—37 Capito Isakson Scott (FL) Cassidy Johnson Maine. Senator SMITH was not only leg- Baldwin Heinrich Schatz Scott (SC) Cornyn Kennedy endary for making every vote but also Bennet Kaine Schumer Shelby Cotton Lankford Blumenthal Klobuchar Sullivan for always wearing a red rose. Every Shaheen Cramer Lee Booker Leahy day that she appeared in the Senate, Smith Crapo McConnell Thune Brown Markey Stabenow Cruz McSally Tillis Senator SMITH wore a red rose. So I Cantwell Menendez Tester Daines Moran Toomey Cardin Merkley would like to conclude my remarks by Udall Enzi Murkowski Wicker Casey Murphy taking a red rose to Senator COLLINS in Van Hollen Ernst Paul Young Cortez Masto Murray Warner Fischer Perdue recognition of her following in the Duckworth Peters Warren footsteps of her illustrious predecessor. Durbin Reed NAYS—44 Whitehouse Feinstein Rosen Thank you, Mr. President. Baldwin Hassan Rosen Hassan Sanders I yield the floor. Bennet Heinrich Sanders f NOT VOTING—4 Blumenthal Jones Schatz Booker Kaine Gillibrand Hirono Schumer Brown King RECESS Harris Wyden Shaheen Cantwell Klobuchar Sinema The PRESIDING OFFICER. Under The nomination was confirmed. Cardin Leahy Smith the previous order, the Senate stands The PRESIDING OFFICER. Under Carper Manchin Stabenow Casey Markey in recess until 2:15 p.m. Tester the previous order, the motion to re- Collins Menendez Udall Thereupon, the Senate, at 12:54 p.m., consider is considered made and laid Coons Merkley Van Hollen recessed until 2:15 p.m. and reassem- Cortez Masto Murphy upon the table, and the President shall Warner bled when called to order by the Pre- Duckworth Murray be immediately notified of the Senate’s Durbin Peters Warren siding Officer (Mrs. CAPITO). action. Feinstein Reed Whitehouse f f NOT VOTING—4 EXECUTIVE CALENDAR—Contin- CLOTURE MOTION Gillibrand Hirono ued Harris Wyden The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before the The PRESIDING OFFICER. On this ator from Ohio. vote, the yeas are 52, the nays are 44. ORDER OF BUSINESS Senate the pending cloture motion, which the clerk will state. The motion is agreed to. Mr. PORTMAN. Madam President, I The senior assistant legislative clerk f ask unanimous consent that the votes read as follows: following the first vote in this series be CLOTURE MOTION 10 minutes in length. CLOTURE MOTION The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. Without We, the undersigned Senators, in accord- to rule XXII, the Chair lays before the objection, it is so ordered. ance with the provisions of rule XXII of the Senate the pending cloture motion, Standing Rules of the Senate, do hereby VOTE ON CAIRNCROSS NOMINATION which the clerk will state. move to bring to a close debate on the nomi- The senior assistant legislative clerk The PRESIDING OFFICER. The nation of Matthew J. Kacsmaryk, of Texas, question is, Will the Senate advise and to be United States District Judge for the read as follows: consent to the Cairncross nomination? Northern District of Texas. CLOTURE MOTION Mr. PERDUE. Madam President, I Mitch McConnell, John Cornyn, Mike We, the undersigned Senators, in accord- ask for the yeas and nays. Crapo, Mike Rounds, David Perdue, ance with the provisions of rule XXII of the John Thune, Roy Blunt, Thom Tillis, Standing Rules of the Senate, do hereby The PRESIDING OFFICER. Is there a Roger F. Wicker, Johnny Isakson, John move to bring to a close debate on the nomi- sufficient second? Boozman, Marco Rubio, Kevin Cramer, nation of Allen Cothrel Winsor, of Florida, to There appears to be a sufficient sec- Mike Braun, James E. Risch, Pat Rob- be United States District Judge for the ond. erts, Bill Cassidy. Northern District of Florida.

VerDate Sep 11 2014 01:51 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.017 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3641 Mitch McConnell, Roy Blunt, John Bar- Standing Rules of the Senate, do hereby Senate the pending cloture motion, rasso, Pat Roberts, Mike Crapo, John move to bring to a close debate on the nomi- which the clerk will state. Cornyn, John Thune, Kevin Cramer, nation of James David Cain, Jr., of Lou- The bill clerk read as follows: Roger F. Wicker, John Boozman, John isiana, to be United States District Judge for CLOTURE MOTION Hoeven, Thom Tillis, Johnny Isakson, the Western District of Louisiana. Tim Scott, Mike Braun, Richard Burr, Mitch McConnell, Roy Blunt, John Bar- We, the undersigned Senators, in accord- Lindsey Graham. rasso, Pat Roberts, Mike Crapo, John ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby The PRESIDING OFFICER. By unan- Cornyn, John Thune, Kevin Cramer, Roger F. Wicker, John Boozman, John move to bring to a close debate on the nomi- imous consent, the mandatory quorum nation of Greg Gerard Guidry, of Louisiana, call has been waived. Hoeven, Thom Tillis, Johnny Isakson, Tim Scott, Mike Braun, Richard Burr, to be United States District Judge for the The question is, Is it the sense of the Lindsey Graham. Eastern District of Louisiana. Senate that debate on the nomination Mitch McConnell, John Cornyn, Mike of Allen Cothrel Winsor, of Florida, to The PRESIDING OFFICER. By unan- Crapo, Mike Rounds, David Perdue, be United States District Judge for the imous consent, the mandatory quorum John Thune, Roy Blunt, Thom Tillis, Northern District of Florida, shall be call has been waived. Roger F. Wicker, Johnny Isakson, John The question is, Is it the sense of the brought to a close? Boozman, Marco Rubio, Kevin Cramer, The yeas and nays are mandatory Senate that debate on the nomination Mike Braun, James E. Risch, Pat Rob- erts, Bill Cassidy. under the rule. of James David Cain, Jr., of Louisiana, The clerk will call the roll. to be U.S. District Judge for the West- The PRESIDING OFFICER. By unan- The senior assistant legislative clerk ern District of Louisiana shall be imous consent, the mandatory quorum called the roll. brought to a close? call has been waived. Mr. DURBIN. I announce that the The yeas and nays are mandatory The question is, Is it the sense of the Senator from New York (Mrs. GILLI- under the rule. Senate that debate on the nomination BRAND), the Senator from California The clerk will call the roll. of Greg Gerard Guidry, of Louisiana, to (Ms. HARRIS), the Senator from Hawaii The legislative clerk called the roll. be United States District Judge for the (Ms. HIRONO), and the Senator from Or- Mr. DURBIN. I announce that the Eastern District of Louisiana, shall be egon (Mr. WYDEN) are necessarily ab- Senator from New York (Mrs. GILLI- brought to a close? sent. BRAND), the Senator from California The yeas and nays are mandatory The PRESIDING OFFICER (Mrs. (Ms. HARRIS), the Senator from Hawaii under the rule. BLACKBURN). Are there any other Sen- (Ms. HIRONO), and the Senator from Or- The clerk will call the roll. ators in the Chamber desiring to vote? egon (Mr. WYDEN) are necessarily ab- The bill clerk called the roll. The yeas and nays resulted—yeas 54, sent. Mr. DURBIN. I announce that the nays 42, as follows: The PRESIDING OFFICER. Are there Senator from New York (Mrs. GILLI- [Rollcall Vote No. 169 Ex.] any other Senators in the Chamber de- BRAND), the Senator from California YEAS—54 siring to vote? (Ms. HARRIS), the Senator from Hawaii (Ms. HIRONO), and the Senator from Or- Alexander Fischer Paul The yeas and nays resulted—yeas 76, Barrasso Gardner Perdue nays 20, as follows: egon (Mr. WYDEN) are necessarily ab- Blackburn Graham Portman [Rollcall Vote No. 170 Ex.] sent. Blunt Grassley Risch The PRESIDING OFFICER. Are there Boozman Hawley Roberts YEAS—76 Braun Hoeven Romney Alexander Gardner Portman any other Senators in the Chamber de- Burr Hyde-Smith Rounds Barrasso Graham Reed siring to vote? Capito Inhofe Rubio Bennet Grassley Risch The yeas and nays resulted—yeas 53, Cassidy Isakson Sasse Blackburn Hassan Roberts nays 43, as follows: Collins Johnson Scott (FL) Blunt Hawley Romney [Rollcall Vote No. 171 Ex.] Cornyn Kennedy Scott (SC) Boozman Heinrich Rosen Cotton Lankford Shelby Braun Hoeven Rounds YEAS—53 Cramer Lee Sullivan Burr Hyde-Smith Rubio Alexander Fischer Perdue Crapo Manchin Thune Capito Inhofe Sasse Barrasso Gardner Portman Cruz McConnell Tillis Cardin Isakson Scott (FL) Blackburn Graham Daines McSally Toomey Carper Johnson Risch Scott (SC) Blunt Grassley Enzi Moran Wicker Cassidy Jones Roberts Boozman Hawley Ernst Murkowski Young Collins Kaine Shaheen Romney Braun Hoeven Coons Kennedy Shelby Rounds Burr Hyde-Smith NAYS—42 Cornyn King Sinema Rubio Capito Inhofe Baldwin Hassan Rosen Cortez Masto Lankford Sullivan Sasse Cassidy Isakson Bennet Heinrich Sanders Cotton Leahy Tester Scott (FL) Collins Johnson Blumenthal Jones Schatz Cramer Lee Thune Scott (SC) Cornyn Kennedy Booker Kaine Schumer Crapo Manchin Tillis Shelby Cotton Lankford Brown King Shaheen Cruz McConnell Toomey Cramer Lee Sullivan Cantwell Klobuchar Sinema Daines McSally Udall Crapo McConnell Thune Cardin Leahy Smith Durbin Moran Warner Cruz McSally Tillis Carper Markey Stabenow Enzi Murkowski Whitehouse Daines Moran Toomey Casey Menendez Tester Ernst Murphy Wicker Enzi Murkowski Wicker Coons Merkley Udall Feinstein Paul Young Ernst Paul Young Cortez Masto Murphy Van Hollen Fischer Perdue Duckworth Murray Warner NAYS—43 Durbin Peters Warren NAYS—20 Baldwin Heinrich Sanders Feinstein Reed Whitehouse Baldwin Klobuchar Schatz Bennet Jones Schatz Blumenthal Markey Schumer NOT VOTING—4 Blumenthal Kaine Booker Menendez Schumer Smith Booker King Gillibrand Hirono Brown Merkley Shaheen Stabenow Brown Klobuchar Harris Wyden Cantwell Murray Sinema Van Hollen Cantwell Leahy Casey Peters Smith Warren Cardin Manchin The PRESIDING OFFICER. On this Duckworth Sanders Stabenow vote, the yeas are 54, the nays are 42. Carper Markey Tester Casey Menendez NOT VOTING—4 Udall The motion is agreed to. Coons Merkley Gillibrand Hirono Van Hollen f Cortez Masto Murphy Harris Wyden Warner Duckworth Murray CLOTURE MOTION Durbin Peters Warren The PRESIDING OFFICER. On this Whitehouse The PRESIDING OFFICER. Pursuant vote, the yeas are 76, and the nays are Feinstein Reed Hassan Rosen to rule XXII, the Chair lays before the 20. Senate the pending cloture motion, The motion is agreed to. NOT VOTING—4 which the clerk will state. f Gillibrand Hirono The legislative clerk read as follows: Harris Wyden CLOTURE MOTION CLOTURE MOTION The PRESIDING OFFICER. On this We, the undersigned Senators, in accord- The PRESIDING OFFICER. Pursuant vote, the yeas are 53, the nays are 43. ance with the provisions of rule XXII of the to rule XXII, the Chair lays before the The motion is agreed to.

VerDate Sep 11 2014 02:23 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.023 S18JNPT1 S3642 CONGRESSIONAL RECORD — SENATE June 18, 2019 EXECUTIVE CALENDAR spread like wildfire, and even the Bor- testified before the Judiciary Com- The clerk will report the nomination. der Patrol agents and people offering mittee and said: ‘‘I want to make clear The legislative clerk read the nomi- assistance to these migrants are get- that this crisis is unlike anything nation of Greg Gerard Guidry, of Lou- ting sick too. That is because Congress we’ve ever seen at our border and it, in isiana, to be United States District has not appropriated the money for the large part, is due to the gaps in our im- Judge for the Eastern District of Lou- facilities, funding, and for the per- migration laws that are driving it, isiana. sonnel to manage these record-break- causing a dramatic demographic shift ing numbers. They are obviously in The PRESIDING OFFICER. The Sen- in the flow of illegal immigration into dire need of our assistance. ator from Texas. the United States that is placing chil- Last month, the administration re- dren at unique and critical risk.’’ BORDER SECURITY quested $4.5 billion for the Department Of the more than 144,000 people who Mr. CORNYN. Mr. President, it of Homeland Security, Health and illegally crossed the border in May, 69 doesn’t matter whether you are watch- Human Services, the Department of percent were either unaccompanied ing FOX News or reading the editorial Defense, and the Department of Justice children or families. The number of un- page of the New York Times, the to address this growing crisis. accompanied children apprehended last media—indeed the Nation—is in broad Two weeks after this request, the sit- month is larger than any monthly agreement that there is a crisis on our uation had grown so much worse than total from the surge in 2014, back when southern border, and the responsibility expected that the Secretary of Health President Obama called it ‘‘a humani- lies squarely with Congress to fix it. and Human Services notified Congress tarian and security crisis.’’ It is an un- Month after month, the number of that the Department would soon be derstatement to say we lack the re- people crossing our border has ticked running out of funding and that an- sources to properly care for these chil- up and up and up, and the only people other $1.4 billion could be needed for dren. who seem unfazed by these mind-bog- humanitarian assistance alone. That In addition to providing more re- gling numbers—144,000 last month brings the total to almost $6 billion. sources and better care, we need to get alone—are House Democrats. Since the funding request was sub- to the ‘‘why’’ of these rising numbers. Despite continued pleading from offi- mitted, more than 144,000 individuals I have no doubt this surge in humanity cials at the Department of Homeland have illegally crossed our border, add- is being driven by the pull factors in Security, the Department of Health ing to the growing weight these folks the immigration system, most notably and Human Services, and some of our are feeling. the Flores settlement agreement. By Democratic friends in the House, the Without providing the necessary ‘‘pull factors,’’ I mean the thing that leadership in the House of Representa- funding, we are sending these dedicated attracts the migrants to attempt to tives is still trying to absolve them- law enforcement officials out on a los- make this dangerous journey from ing mission. We are asking them to selves of any responsibility to act. their homes into the United States. Well, it is getting harder and harder for carry the weight of hundreds of thou- The Flores settlement agreement is them to ignore this crisis that con- sands of migrants without giving them one of them. In the beginning, the Flo- tinues to get worse on our border. The the tools they need to do so. res settlement agreement provided ad- Enough is enough. It is high time recordbreaking number of migrants ditional standards of care for children, Congress steps up and come to an who cross our border make a difficult including a limit on the time they agreement to get much needed and and dangerous journey to get here. could remain in DHS custody, but a long overdue funding to the men and They travel in the company of human subsequent, flawed court ruling ex- women struggling to manage this hu- smugglers, appropriately known by panded this agreement, in effect apply- manitarian crisis not of their making. most as coyotes. These criminal entre- ing it to families as well. That essen- This critical funding is needed along preneurs do not view the migrants in tially turned children into a ‘‘get out their custody as human beings. They the entire southern border but particularly in the Rio Grande Valley and El of jail free’’ card for migrants, some- view them as cargo. It is really their thing which is now openly advertised meal ticket. Paso sectors, which have been dis- proportionately affected by the dra- by the coyotes in Central America. Coyotes get their customers to the In other words, the coyotes—the United States, but a safe journey is not matic increase in crossings. For months, communities in Texas smugglers who earn money off of each part of the deal. Migrants, especially have requested help in feeding, trans- person they bring into the United children, often arrive at our border in porting, and sheltering these migrants. States—are letting these people know poor health, suffering from dehydra- They have gone above and beyond the that if you just come as a child or if tion, exposure, any one of a number of call of duty, diverting millions of dol- you come as a family, you are going to infectious diseases, and, unfortunately, lars in local taxpayer funds that are be able to make it successfully into the sadly, many are left for dead by their traditionally intended for things like United States, and it is a money-mak- smugglers. clean water and power for their own ing proposition, obviously, for them. Last week, Border Patrol found a residents. A recent Washington Post article young girl believed to be about 7 years Today I am sending a letter to the quoted a man as saying the following: old from India, dead and alone along Appropriations Committee and asking That is the thing that everyone knows the border in Arizona. The area where them to include assistance to these now. If you go, you need to bring a child. she was found is a rugged desert, and communities. The Appropriations Com- This has gotten so bad that Acting the temperature that day was 108 de- mittee is holding a markup tomorrow, Secretary McAleenan said the Border grees. and I hope they can come to an agree- Patrol is now running DNA tests and is Stories like this are heartbreaking ment to provide the Departments, discovering significant numbers of and more common than many want to Agencies, and local communities in adults who are claiming a biological believe. Those who survive the tor- Texas struggling to manage this crisis connection to a child that is not theirs. turous journey from Central America with the resources they need to be suc- This is the ultimate ‘‘get out of jail up through Mexico and into the United cessful. To borrow a saying from Bor- free’’ card: Bring a child—anybody’s States often arrive in critical health. der Patrol Chief Carla Provost, the cur- child. The national Border Patrol Council rent situation is akin to holding a This loophole has turned into a vice president, Jon Anfinsen, has been bucket under a faucet. It doesn’t mat- major pull factor, and single adults are an agent for 12 years and is based in ter how many buckets you have if you using it to their advantage. Rather Del Rio, TX. He said the number of can’t turn the water off. The emer- than arriving at the border alone, they people in custody and the high rate of gency funding is a bucket, and hope- are bringing kids with them so they illnesses is ‘‘unprecedented.’’ fully it will be a sufficient bucket, but can pose as a family unit and be re- He has seen cases of scabies, chick- we still have to get to the source of the leased in 20 days. These aren’t all le- enpox, mumps, measles, flu, body lice, problem. gitimate families, as I said. It is no ex- and countless common colds. Over- Last week, Acting Secretary of aggeration to say that children are lit- crowded facilities make these illnesses Homeland Security Kevin McAleenan erally being kidnapped to serve as a

VerDate Sep 11 2014 02:23 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.031 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3643 free ticket into the United States. District Court for the Northern Dis- sexual orientation and gender identity That is a sad truth. trict of Texas. Mr. Kacsmaryk is an- concerning, I am also very alarmed by If we want to stop this abuse of our other example of an extreme choice by his record as a fervent crusader against system and of these children and bring President Trump to jam courts with in- women’s reproductive rights and for down the skyrocketing numbers that dividuals who have put their political the far-right position that someone are flooding across our border, we have views above the law and use their posi- else’s ideology is more important than to fix this expansion of the Flores tions of power to chip away at people’s a woman’s ability to make her own agreement when it comes to family rights. Not only are Mr. Kacsmaryk’s personal medical decisions. units. views hateful and out of the main- If his arguments had won the day in Last month, Congressman HENRY stream, but his history of attacking court, a woman trying to get contra- CUELLAR of Laredo, TX, a Democrat, vulnerable communities shows me he ceptive care could face barriers thrown and I introduced a bill called the HU- will not be a fair and impartial judge. up at her by her employer or even by MANE Act, which, among other things, He has fought tooth and nail against her pharmacy, all because someone would close this dangerous loophole— any protections for LGBTQIA individ- else thinks that their beliefs matter something Congress never enacted and uals and has devoted his career to more than a woman’s own personal de- never intended and which is being ex- stripping this community of these fun- cisions about her own healthcare. ploited by the coyotes. damental rights. Mr. Kacsmaryk’s extreme hostility Our bill would clarify that the Flores Mr. Kacsmaryk does not believe title to women’s reproductive rights is also agreement only applies to children, not XII of the Civil Rights Act includes on display in his own writings outside to families, and would remove that pull sexual orientation and gender identity. of the court. He wrote that the court factor and prevent single adults from He opposed the Supreme Court’s ruling cases affirming those rights—the his- exploiting them in order to gain entry in Obergefell, which affirmed that toric rulings that have defended wom- into the United States. The HUMANE same-sex couples have the right to en’s access to birth control and their Act would make additional, targeted marry under our Constitution, and he right to safe, legal abortion—were re- reforms to make our immigration sys- opposes the Equality Act. He believes sponsible for removing a ‘‘pillar of tem more fair and efficient and provide this bill will ‘‘weaponize Obergefell.’’ marriage law.’’ better protection for the children who The Equality Act builds on existing Under any other administration, this are brought here. civil rights laws to expand anti-dis- truly disturbing ideological track Perhaps the most important thing to crimination protections, to ensure record would be alarming. Unfortu- note is that this bill already has bipar- members of the LGBTQ community nately for President Trump and Vice tisan support—something that is tough cannot be fired or evicted from their President PENCE, it appears to be a pre- to find when it comes to immigration homes, providing them with the same requisite. The Trump-Pence adminis- reform these days. As our friend the protections afforded to those who are tration has taken every opportunity to majority leader said on the floor last discriminated against based on their undermine women’s health and repro- week, ‘‘The crisis at the border hasn’t race, religion, age, disability, and ductive rights. And we have seen far- gone anywhere and neither has our re- more. right Republicans across the country solve to address it.’’ He believes healthcare providers joining them, from State legislators I appreciate my friend and colleague should be able to discriminate—dis- working to pass extreme, harmful abor- Congressman HENRY CUELLAR for work- criminate—against patients based on tion restrictions to Republicans here in ing with me on this bill. I hope the bor- gender identity or sex stereotyping, DC working to jam through extreme, der communities in Texas and along and he even supports discrimination harmful judicial nominees, like Mr. the entire U.S.-Mexico border will call against our children. Mr. Kacsmaryk Kacsmaryk, who they hope will uphold and write or go see their Congressman not only opposes protections for blatantly unconstitutional restrictions and say: Get on board with Congress- transgender students, he has even ar- on women’s rights to safe, legal abor- man CUELLAR in the House of Rep- gued that being transgender is ‘‘delu- tion and ultimately take away that resentatives. sional.’’ He has questioned whether right by overturning Roe v. Wade. Let’s vote on the HUMANE Act so States can ban conversion therapy I have also been inspired by the peo- the Senate can pass it and send it to practices, which are dangerous. They ple around the country who are speak- President Trump for signature. I can’t are discredited by the medical commu- ing up and taking a stand against those imagine how people can be at peace nity, and they have led to depression extreme views. If we keep making our with their own conscience knowing and suicidal behavior in young people voices heard against this nominee and what is happening right now and sim- subjected to these practices. Republican efforts to undermine wom- ply sitting on their hands and doing Mr. Kacsmaryk claims that his hate- en’s reproductive rights more broadly, nothing to address this humanitarian ful views have to do with religious lib- we can stop these attacks and ensure and security crisis. We owe it to the erty, but his own words show his true that every woman has the ability to dedicated law men and women who colors. When Republicans and Demo- make her own decisions about her work to manage this crisis along the crats in Utah agreed on employment body. I am here today to urge my col- border who now are being overwhelmed and housing nondiscrimination protec- leagues to join us in rejecting this by this influx of humanity. Our resolve tions based on gender identity and sex- nominee. to help them remains as strong as ever. ual orientation, Mr. Kacsmaryk op- I yield the floor. Now what we need is a strong bipar- posed them, even as countless religious The PRESIDING OFFICER. The Sen- tisan vote to get it done. organizations supported that bill. ator from Wisconsin. I yield the floor. Was religious liberty his main point Ms. BALDWIN. Mr. President, I rise I suggest the absence of a quorum. of opposition? No. Instead, he argued this afternoon to urge my colleagues to The PRESIDING OFFICER. The businesses should be able to discrimi- oppose the confirmation of Matthew clerk will call the roll. nate based on a person’s sexual ori- Kacsmaryk to be U.S. District Judge The legislative clerk proceeded to entation or gender identity because, in for the Northern District of Texas. call the roll. his view, this community does not de- I believe that every individual we Mrs. MURRAY. Mr. President, I ask serve the same protections as other consider for a lifetime appointment to unanimous consent that the order for communities who are often discrimi- serve on the Federal bench should have the quorum call be rescinded. nated against. the demonstrated legal acumen and ex- The PRESIDING OFFICER (Mr. CAS- Mr. Kacsmaryk has said there is a perience but also a commitment to en- SIDY). Without objection, it is so or- ‘‘clash of absolutes’’ between LGBTQIA suring fair treatment for anyone who dered. rights and those who want to discrimi- might come before their court. With a NOMINATION OF MATTHEW J. KACSMARYK nate in the name of religious liberty. troubling record of professional work Mrs. MURRAY. Mr. President, I come This is not a view of someone who can and personal statements attacking les- to the floor today to oppose Matthew be impartial and fair. Not only are his bian, gay, bisexual, and transgender Kacsmaryk’s nomination to the U.S. views on nondiscrimination based on people, Mr. Kacsmaryk fails this test,

VerDate Sep 11 2014 02:23 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.033 S18JNPT1 S3644 CONGRESSIONAL RECORD — SENATE June 18, 2019 and the Senate must reject his nomina- adoption of Utah’s nondiscrimination these nominees for lifetime appoint- tion. law, he called that effort ‘‘a bad idea ments warrant a longer time for re- Mr. Kacsmaryk currently serves as . . . primarily for the problem of the view. Again, I think that is an under- deputy general counsel of First Liberty protected class. Once a protected class statement. Institute, and in that role he has chal- is defined to be equivalent to race, it Even at a time when we are on a reg- lenged the constitutionality of the Af- takes on a much heavier atomic ular basis considering nominees who fordable Care Act, argued against mar- weight.’’ fall outside of the mainstream and who riage equality, supported schools in These are not words and actions of an tend to fall in a place, in terms of legal barring transgender students from individual whom we can trust to serve philosophy, that a lot of Americans using restrooms consistent with their as a neutral arbiter who will recognize would find very concerning—even at a gender identities, and opposed a State the humanity and dignity of everyone time when we have considered a lot of law requiring that pharmacies stock who comes before him. We have heard nominees I would consider outside the emergency contraception. from hundreds of diverse organizations mainstream, Mr. Kacsmaryk’s nomina- My colleagues may recall another that oppose his confirmation to a life- tion is particularly troubling. I will use nominee associated with this organiza- time appointment to the Federal just two examples, briefly. tion, Jeff Mateer, who was First Lib- bench, but perhaps most importantly The first example is his hostility to erty’s general counsel until 2016 and we have heard from dozens of parents women’s access to safe, affordable, and was nominated by President Trump for of transgender children from all over FDA-approved contraception. So many a judgeship in the Eastern District of the country. They write: Americans—I think long before the Af- Texas. Mateer’s nomination was ulti- Hundreds of thousands of children and ado- fordable Care Act but certainly in light mately withdrawn in light of his public lescents throughout this country are of the Affordable Care Act—consider statements hostile to LGBTQ people, transgender, like our kids. So are well over access to contraception that is safe, af- including that same-sex marriage is a million adults. They deserve to be treated fordable, and FDA-approved—well, I with respect and dignity—and to trust that ‘‘disgusting’’ and transgender children when they walk into a courtroom they will think most Americans would consider are a part of ‘‘Satan’s plan.’’ be treated fairly. Confirming [Mr. and should consider that part of a basic Mr. Kacsmaryk’s statement and Kacsmaryk] as [a federal judge] would send a healthcare package. That is the way it writings evince a similar hostility to damaging and dangerous message that the ought to be. But I would hope that a LGBTQ people and to equality. He has dignity of children like ours does not count judge would at least recognize that it repeatedly made claims that dismiss in the courts, or in the U.S. Senate. is fundamental to women’s healthcare. the reality of LGBTQ people’s lives and I note that this is June. This is the Unfortunately, I don’t think this nomi- experiences. For example, he wrote a month where we mark LGBTQ pride, nee does, and that in and of itself is 2015 piece entitled ‘‘The Inequality Act: celebrating the contributions of troubling. Weaponizing Same-Sex Marriage,’’ in LGBTQ people and recognizing the The second example—and these are which he suggested that the move- work that remains to be done to ensure only brief overviews in the interest of ments for LGBTQ and reproductive full and equal treatment for all people. time—is Mr. Kacsmaryk has repeatedly rights are grounded in ‘‘the lie that the This Pride Month, I urge my col- disparaged and attacked the LGBTQ human person is an autonomous blob of leagues to send a message to those community. In a public comment in Silly Putty unconstrained by nature or children, their parents, the broader 2016 to the Centers for Medicare & Med- biology, and that marriage, sexuality, LGBTQ community, and the country icaid Services, which is part of the De- gender identity, and even the unborn that they do count—that they count, partment of Health and Human Serv- child must yield to the erotic desires of they matter, and we hear their voices. ices and is known as CMS, Mr. liberated adults.’’ And please reject this nominee. Kacsmaryk argued that transgender in- In a September 2015 radio interview, Thank you. dividuals suffer from a ‘‘psychological he argued that the movement for I yield back. The PRESIDING OFFICER. The Sen- condition in need of care’’ and sug- LGBTQ equality is part of a sexual rev- ator from Pennsylvania. gested that being transgender was a olution that ‘‘has been typified by law- Mr. CASEY. Mr. President, I would ‘‘delusion.’’ I have to ask—a delusion? lessness and just a complete refusal to ask unanimous consent to speak as in Where does he come up with that? I obey basic rule of law principles.’’ morning business. don’t know where one comes up with He has also been particularly dispar- The PRESIDING OFFICER. Without that kind of analysis. It doesn’t make aging of transgender individuals. For objection, it is so ordered. sense to most Americans. example, in August of 2016, he signed Mr. CASEY. Mr. President, I rise Prior to that, Mr. Kacsmaryk wrote on to a comment to the proposed rule today to discuss one of the judicial an article about the Equality Act, implementing the Affordable Care nominations we are considering. We which is bipartisan legislation that is Act’s nondiscrimination provisions. Ar- are on the floor this afternoon to dis- before the Senate. The Equality Act guing against the proposal’s protec- cuss the nomination of Matthew J. would have the effect of—these are my tions for people based on gender iden- Kacsmaryk to be a U.S. district judge words; this is not a full description of tity, the commenters wrote that for the Northern District of Texas. it—have the effect of catching up, in transgender people are suffering from a We know that under the Senate rules terms of the legal protections provided ‘‘psychological condition in need of we are now operating under, judicial to Americans who happen to be gay or care’’ and are ‘‘not a category of per- nominees are receiving just 2 hours of lesbian, bisexual, transgender—have sons in need of special legal protec- what is called postcloture consider- the protections afforded to them catch tions.’’ They further cite one psychia- ation, and for that time on the floor, up to those provided to other Ameri- trist’s opinion—just one psychiatrist— we are considering a lifetime appoint- cans. We finally made progress. More that a transgender person’s under- ment to be on the Federal district than 50 years ago now, we had the Civil standing of who they are is ‘‘appro- court bench or to be a judge on one of Rights Act and other legislation over priately described as a delusion.’’ Fur- the circuit courts. These are lifetime time that provided more and more pro- thermore, in an interview discussing appointments, and to have just 2 hours tection over time to more Americans. that same rulemaking, Mr. Kacsmaryk on any nomination I don’t think is Unfortunately, we don’t have a similar characterized healthcare protections enough time—I think a lot of Ameri- measure of protections for Americans for transgender people as being ‘‘on the cans agree with me—but maybe even who happen to be LGBTQ. Obama Administration’s ‘bucket list’ more so when you have a nominee It is literally the case today that in of aggressive sexual revolution items.’’ whose views are, to be understated for some States, if you are gay or lesbian, Finally, Mr. Kacsmaryk has criti- a moment, troubling, views about judi- you could be married in one hour of the cized efforts to protect LGBTQ people cial philosophy or a judicial philosophy day or on one day and the next day or from discrimination, even those that and—a philosophy that I think a lot of the next hour be fired, and that would have been supported by both faith Americans would find extreme. be permissible under law. So there are groups and progressive organizations. In this case, the nomination of Mr. protections for employment and for ac- In a September 2015 article about the Kacsmaryk is a prime example of why cess to education and housing—the full

VerDate Sep 11 2014 02:23 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.035 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3645 measure of American life. The Equality country deserves a judge better than that test, not judges who just meet the Act would ensure those protections. that, even if it is just for one par- test of competence but also meet the That is not law yet, and that is why we ticular Federal district court. test of being within the mainstream. have to pass it by way of Federal law. I also believe that Americans deserve Again, this means a judge who will re- With that background, I want to go a better nominee than Mr. spect and protect every single Amer- back to what I previously stated. Mr. Kacsmaryk—maybe especially on these ican. I think that is not asking too Kacsmaryk wrote an article that sug- issues that I have raised but generally, much of any nominee, no matter what gested that the Equality Act, which I as well. They deserve a nominee who district court. described, would ‘‘weaponize’’ the respects and will protect the rights of I yield the floor. Obergefell decision. That was the land- all Americans, especially those Ameri- I suggest the absence of a quorum. mark decision that allowed same-sex cans who have been the subject of on- The PRESIDING OFFICER (Ms. couples to marry. He said the Equality going, continuous discrimination—in MCSALLY). The clerk will call the roll. Act would weaponize that decision, this case, LGBTQ Americans. The bill clerk proceeded to call the while in this particular writing making That discrimination has not abated roll. reference to a ‘‘long war ahead’’ when or been ripped out by the roots because Mrs. FISCHER. Madam President, I discussing LGBTQ rights in a post- we have advancements like the right to ask unanimous consent that the order Obergefell America. So in America marry or advancements in law. That for the quorum call be rescinded. after the Obergefell decision, which al- discrimination continues. In fact, it is The PRESIDING OFFICER. Without lowed marriage equality and which protected in some ways by the laws of objection, it is so ordered. made that part of our Federal law, some States, where you can fire some- BORDER SECURITY thank goodness, after a long time—he one simply because they are gay and do Mrs. FISCHER. Madam President, I believed that the Equality Act would that with impunity. rise today to discuss what is happening be part of a ‘‘long war ahead,’’ when The discrimination continues by way at our southern border, and I call upon discussing that future in America. of hateful acts that people undertake, my colleagues in Congress to act That doesn’t make sense to me. I don’t but also the discrimination continues quickly to address this humanitarian think it makes sense to a lot of Ameri- by way of law, as well. crisis. cans. I think most Americans believe We should have judges in every dis- Last month, terrifying reports sur- that decision for marriage equality was trict court, in every circuit court, in faced of an illegal immigrant from an advancement where the circle of every court in the country—no matter Guatemala who traveled with an 8- protection is growing, as it ought to. what level of judicial office we are year-old boy across the U.S.-Mexico For too long, that circle was very talking about—who will respect and border near Arizona. When Border Pa- small—until we had some break- protect every single American. trol agents apprehended him, the man throughs over the last 50 years. Fortu- In this case, I think you have a nomi- claimed that the boy was his son, but nately, marriage equality—the right to nee who is not just outside of the main- the agents learned 4 days later that he marry, the right to spend the rest of stream but way outside of the main- wasn’t. your life with someone you love of the stream, and I think that is why—so far, According to the Arizona Daily Star, same sex—was finally enshrined into at least—he has been the subject of bi- Homeland Security investigations re- law by a Supreme Court decision. But partisan opposition, and that is pretty ported that the man claimed that ‘‘he this nominee seems to believe that the rare around here, as many know. He is had looked for a child in Guatemala to Equality Act would ‘‘weaponize.’’ I too extreme for this appointment. I cross the United States-Mexico inter- don’t know where you come up with would hope that my colleagues would national border with as he was told words like that—‘‘weaponize,’’ ‘‘war.’’ vote against him. I know we had one that it was easier to get into the It just doesn’t seem to fit in the Amer- vote already. United States with a child.’’ The illegal ica I think most people believe in. I say all this as someone who has immigrant allegedly paid the boy As this is playing out, it just so hap- worked for a long time in a very bipar- about $130 to ‘‘rent the child’’ and an pens—and this is offensive. I hope it tisan, collaborative way to appoint dis- additional $130 for a fake birth certifi- wasn’t intentional. I don’t have any trict court judges in Pennsylvania over cate. reason to believe it was intentional. and over. Those judges have had the Tragically, this is a story we are But it just so happens that the major- support of Senator TOOMEY, as well as hearing more and more about as the ity has this particular nomination on my support. A Democratic Senator and border crisis rages on. Homeland Secu- the floor when we are talking about a Republican Senator have worked to- rity investigators are working to un- these concerns about LGBTQ Ameri- gether on a number of appointments. derstand the extent of troubling cases cans and a particular nominee or We are getting close to 20 now, I think, on our border, where adults are using maybe more than one nominee—I am since we have served together since children who have no family relation in here to talk about just one. But this is 2011. I think we are at 19, if I haven’t order for them to become eligible for all playing out this month in the midst lost count. That means that we both release after they are apprehended. The of celebrating LGBTQ Pride Month. So have worked together to review, to practice has been occurring frequently that is particularly offensive. scrutinize, and to decide whether to enough that the Department of Home- Again, I will state for the record that support a judge who might come from land Security now refers to it as ‘‘child I don’t have evidence that it was inten- a Democratic nomination and might be recycling rings.’’ tional to consider someone with those supported by me and by my office, as Smugglers and cartels are well aware views at this particular time, but it is well as a nominee supported by my col- of legal loopholes that incentivize nonetheless offensive because of the league Senator TOOMEY. Over time, these criminals to manipulate vulner- timing. that means that Democratic judges, or able populations. Our current legal The LGBTQ community had to sac- someone nominated by a Democratic framework makes it easier to turn a rifice so much for so long in their fight Senator and a Democratic White House profit by smuggling individuals with for equality and civil rights in the a couple of years ago, and Republican young children. United States of America, and we have nominees, nominated by a Republican DHS has recorded nearly 4,800 mi- a lot more work to do. As I indicated, Senator and a Republican White House, grants in 2019 who have falsely identi- the Equality Act is not yet law. Even have been given consideration, review, fied themselves as family units. though it is slightly bipartisan so far, and then confirmation. Recently, we received the welcome we need to grow that bipartisanship so I am someone who takes his responsi- news that the Trump administration we can get it passed here in the Senate. bility seriously. I have a long and dis- reached a deal with Mexico to ensure I think LGBTQ Americans—frankly, tinguished record of working in this better immigration enforcement at the all Americans—deserve better than a process to make sure that we get Fed- border. This agreement was an impor- nominee who suggested that the Equal- eral district court judges from dif- tant step in the right direction at a ity Act ‘‘weaponizes’’ the right to ferent points of view nominated by time when our Nation needs it most. marry the ones they love. I think our both Senators of both parties who meet Both countries have declared a shared

VerDate Sep 11 2014 07:10 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.037 S18JNPT1 S3646 CONGRESSIONAL RECORD — SENATE June 18, 2019 goal of upholding the rule of law on those shelter facilities. The remaining undercut—indeed, decimated now. both sides of the border. I am grateful $1 billion would fortify our security What we have before us, again and for the President’s hard work to secure missions. again and again, are nominees who fail our border, to keep this country safe, To the ears of the American people, to meet the basic test of intellect and and to continue our trade with a key this may sound like an overdue, com- integrity and responsibility. partner. monsense relief effort, and that is be- I look at all of the records of nomi- This deal is a critical step forward, cause it is. Unfortunately, our Demo- nees before us and ask them questions and it is taking place not a moment cratic friends have prioritized their to determine what their basic values too soon. Illegal border crossings at the starring role in the political theater are—whether they think particular Su- southern border have reached stag- over our country’s emergency at the preme Court precedents were correctly gering rates this past spring. Last southern border. decided, like Brown v. Board of Edu- March alone, there were more than Over 6 weeks ago, the administration cation and Roe v. Wade—because it is a 103,000 apprehensions, and in April sent an urgent plea to Congress asking view into their basic commitments to there were another 109,000. In May ap- for more money to secure our border constitutional principles that are deep- prehensions at points of entry reached and improve the conditions for tens of ly and ideally settled. Matthew over 144,000. That is a 32-percent in- thousands of children. It is unaccept- Kacsmaryk fails that test. crease over the month of April. We able that Democrats in the House and If there is a principle enshrined in have had over 100,000 apprehensions on right here in the Senate are playing our Constitution that matters more the border each month for 3 months in politics at a time when our Nation than any other, it is the idea that ev- a row. Sustained numbers like these needs stability. eryone is equal before the law. No one haven’t been witnessed in over 12 In the coming weeks, Senate Repub- is above the law. No one is less entitled years. licans will be waiting at the table to to rights than anyone else. Everyone is The question remains: What concrete work toward bipartisan solutions to equal regardless of race, gender, eth- steps are we taking as a nation to stop address the crisis at the border and nicity and regardless of who you are, this? provide the funding that is desperately how much you own, or where you were Our Border Patrol agents, who are needed. I hope that my Democratic col- born. Mr. Kacsmaryk seems to lack re- working as hard as they possibly can, leagues will meet us there. spect for this basic principle. In fact, cannot keep up with the record surge I yield the floor. his career is defined by active opposi- of people coming into our country I suggest the absence of a quorum. tion to the treatment of minority without authorization. Our ability to The PRESIDING OFFICER. The groups. provide the care and attention for de- clerk will call the roll. In 2016, he submitted an amicus brief tained individuals is at a breaking The bill clerk proceeded to call the that supported a Virginia school point. roll. board’s policy that a student must use As we know, this includes tens of Mr. BLUMENTHAL. Madam Presi- the restroom that corresponds to the thousands of innocent children. Acting dent, I ask unanimous consent that the student’s biological gender. Secretary McAleenan recently testified order for the quorum call be rescinded. Also, in 2016, he sent a letter to the at a Senate Judiciary Committee The PRESIDING OFFICER. Without Centers for Medicare and Medicaid where he noted that in the last 40 days objection, it is so ordered. Services and argued that the Depart- alone, DHS has taken into custody NOMINATION OF MATTHEW J. KACSMARYK ment of Health and Human Services 60,000 children. He also testified last Mr. BLUMENTHAL. Madam Presi- should not require hospitals to conduct month that border officials saw a dent, sometime tomorrow, this body sex reassignment surgeries for record day of over 5,800 border cross- will consider a number of nominations transgender individuals. He wrote in ings in a single 24-hour period. This for final confirmation, among them the that letter that transgender people suf- comes in addition to the largest single nomination of Matthew Kacsmaryk to fer from a ‘‘psychological condition, in group ever apprehended at our border— the U.S. District Court for the North- need of care’’ and are ‘‘not in a cat- 1,036 people. ern District of Texas. egory of person in need of special legal Facilities along the border haven’t A Federal district judge serves a par- protection.’’ He went so far as to say just reached full capacity. They are ticular area of the country, but in fact, the experiences of transgender people overflowing. On June 10, the Depart- the whole country has a stake in this are ‘‘irrational’’ and ‘‘delusional.’’ ment of Health and Human Services re- nomination because a judge helps to In light of these and other state- ported that they had fewer than 700 define and refine and apply the law of ments, I have received numerous let- beds available to place 1,900 unaccom- the United States, setting precedent ters from the parents of transgender panied children who had already been that applies to the entire country. It people. They have written in fear and processed by Customs and Border Pro- isn’t just the Northern District of alarm that someone with such offen- tection. This is forcing HHS to place Texas that has a stake in this nomina- sive, extreme, medically inaccurate children with sponsors at higher rates tion; it is the entire country. So this views could be promoted to a lifetime than the program has experienced in alarming and appalling nomination position within the Federal judiciary— its history. It also increases pressure should be of particular interest to my a position that will give him power to find space for the influx of children colleagues. over the lives of exactly these individ- within CBP facilities, which were not It is the result of a process that, very uals who seek equality under the law. built for this purpose in any way. unfortunately, has been demeaned and Seventeen of our House colleagues— HHS desperately needs additional degraded. It is a shadow of what it once some of them parents and grandparents funding to expand its bed capacity so was. In the scrutiny that is given and of transgender people—have written to that they can keep pace with the in- the time that is devoted, this process is us and expressed their concern that creasing numbers of unaccompanied failing to assure the independence of someone with such hostile views to- children. At this rate, HHS may not the judiciary. Now is the time when ward LGBTQ Americans could possibly have the necessary funding to continue that independence must be assured be- be confirmed as a judge. their care programs beyond the month cause, from this time forward, these Our colleagues in the House are con- of June. judges will be lifetime appointees and cerned about the decisions we are mak- The situation is clear. Congress needs will have no accountability to this ing here because they respect these in- to act, and we need to act right now. body or to any other elected official. dividuals. Chairman SHELBY recently announced In previous years, under other Repub- Kacsmaryk has also repeatedly made that the Senate Appropriations Com- lican administrations, there was an public his opposition to marriage mittee will vote soon on a $4.5 billion adequate time to debate; there were equality and the equal treatment of package. Over $3 billion would be di- full and fair hearings; and nominees same-sex couples. rected to help resolve the humani- answered questions about their views He submitted an amicus brief in tarian crisis by increasing the care for on issues that were relevant to their Obergefell v. Hodges, urging the Su- unaccompanied children and expanding service. That process has been severely preme Court to not extend the right of

VerDate Sep 11 2014 02:23 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.039 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3647 marriage to same-sex couples. He, LEGISLATIVE SESSION Dave admitted that he hates the thankfully, did not prevail in that view word ‘‘retirement,’’ but he also knew it because the Court upheld the rights of was time to pass the baton. When he same-sex couples to be married, and he MORNING BUSINESS announced his departure, Dave ex- continued his opposition to marriage Mr. MCCONNELL. Madam President, pressed his deep gratitude to the equality by representing the owners of I ask unanimous consent that the Sen- church leadership, staff, and all the an Oregon bakery who refused to bake ate proceed to legislative session to be faithful. He once again showed himself a cake for same-sex couples. in a period of morning business, with the humble pastor who fulfilled his Senators permitted to speak therein He testified in favor of legislation mission from God. for up to 10 minutes each. the Texas Observer described as a ‘‘li- Now that he has officially stepped The PRESIDING OFFICER. Without down as Southeast’s senior pastor, cense to discriminate’’ adoption bill objection, it is so ordered. that would permit adoption agencies to Dave is looking for his next calling. I refuse to place children with same-sex f am confident he will continue using his couples. TRIBUTE TO PASTOR DAVE STONE many gifts to draw the faithful to the Lord. He will also get to spend more Many in Congress, including myself, Mr. MCCONNELL. Madam President, time with his wife Beth, his children, worked to pass the Equality Act, which all of God’s children are blessed with and his grandchildren. Although Elaine certain gifts, and we are each called to would reflect the core of the Supreme and I will certainly miss his Christian put them to work to glorify Him. Court’s ruling by adding sexual ori- spirit and good humor, we wish Dave Today, it is my sincere privilege to pay entation and gender identity to the and his family all the best on their tribute to my friend who has answered Federal code’s list of protected classes. next adventure. this call and used his considerable gifts He has referred to this effort as a with compassion and grace. At the end f weaponization of Obergefell that seeks of May, Dave Stone stepped down as NOMINATION OF MATTHEW J. the public affirmation of the ‘‘erotic the senior pastor of Southeast Chris- KACSMARYK desires of liberated adults.’’ tian Church in Louisville, KY. I would Mrs. FEINSTEIN. Madam President, Even as I recite these quotes, I can like to take a moment to honor his I rise today in opposition to the nomi- hardly believe that at this moment in years of pastoral leadership and to sin- nation of Matthew Kacsmaryk to the our history, at this time of awareness cerely thank him for his care and dedi- United States District Court for the among informed and tolerant people cation to our church family. Northern District of Texas. who believe in inclusiveness and equal Elaine and I have been attending June is the month that we recognize justice under the law, that someone Southeast for nearly two decades, as Pride Month to celebrate the lesbian nominated to this position of para- drawn by the moving preaching and the and gay community and to acknowl- mount responsibility would have these warm community. Dave has been an in- edge that individuals should not be dis- views and articulate them in this way. tegral part of that spiritual life for 30 criminated against on the basis of their years, and there are so many of us in If the Equality Act were to become sexual orientation; yet, today we are Louisville who have been made better law and face a challenge in Judge voting on a nominee, Mr. Kacsmaryk, by his friendship and leadership. Kacsmaryk’s court, could litigants feel whose career has been defined by oppo- Throughout his 13 years as senior pas- comfortable or confident that they sition to the rights of LGBT Ameri- would receive a fair hearing? Is there tor, Dave was our shepherd and used his many talents to point tens of thou- cans. He has argued against marriage any gay, lesbian, transgender, or non- equality and defended a company that binary person who would feel their case sands to the Lord. When Dave first joined Southeast, his refused to provide service to a same- would receive a nonbiased treatment in devotion to Christ and His church in- sex couple, simply based on their sex- his court? stantly became clear. Dave came not ual orientation. I have such deep doubts, as should only with an inspirational vision, but It is disappointing that the Senate is my colleagues, that I cannot vote for also with a deep sense of humility. To moving forward on his nomination, and him. I will oppose his nomination, and anyone who walked into this church, even more disappointing that the ma- I hope my colleagues will join me in he made a point to welcome them like jority has scheduled this vote during voting no on Matthew Kacsmaryk. a lifelong friend. In both the easy and Pride Month. Mr. Kacsmaryk ’s long record of op- I yield the floor. the difficult times, Dave shared his sense of joy in everything he did for posing civil rights protections for I suggest the absence of a quorum. the church. His warmth and humor LGBT Americans should disqualify him The PRESIDING OFFICER. The made a positive and tangible impact on from service on the bench. They dem- clerk will call the roll. me and many other members. onstrate that he puts his personal opinion above Supreme Court precedent. The senior assistant legislative clerk Dave assumed the responsibility of Specifically, I want to highlight proceeded to call the roll. senior pastor after the retirement of Bob Russell, who had served the church some key positions in his record. Mr. MCCONNELL. Madam President, community in leadership roles for 40 In 2015, Mr. Kashmir made comments I ask unanimous consent that the order years. The next year, Southeast an- deeply critical of United States v. for the quorum call be rescinded. nounced the establishment of a second Windsor, the case that struck down the The PRESIDING OFFICER. Without location, a remarkable sign of growth Defense of Marriage Act, or DOMA. Mr. objection, it is so ordered. and a testament to Dave’s leadership. Kacsmaryk claimed that the Obama Southeast has continued adding more administration, which refused to de- ORDER OF PROCEDURE campuses to the church, and now it fend DOMA, had ‘‘effectively collabo- Mr. MCCONNELL. For the informa- reaches believers on TV, on the radio, rated with the adversary.’’ Mr. tion of all Senators, at 3:30 p.m. on and at seven locations. Through this Kacsmaryk’s comments make clear Wednesday, June 19, the Senate will development, Southeast has become that he believes those fighting for the vote on confirmation of the following the largest church in Kentucky and the right of LGBT American, including the nominations in the order listed, and if seventh largest in the entire country. right to marry, are adversaries. Some- confirmed, the motions to reconsider Southeast’s impressive growth also one making a statement like this shall be considered made and laid upon brought more responsibilities for Dave, should quite simply not be a Federal the table and the President be imme- his team, and his family. Whatever judge. diately notified of the Senate’s action: challenge presented itself over the He likewise claimed in a radio inter- Executive Calendar Nos. 22, 28, 50, and years, Dave’s skilled ministry helped view that efforts to achieve marriage 118. Under the previous order, the clo- the community thrive. Thousands of equality were marked by ‘‘lawless- ture motion on the motion to proceed people have watched Dave preach, re- ness,’’ adding that the Justice Depart- to S. 1790 will ripen following disposi- lied on his mentorship, and enjoyed his ment’s refusal to defend DOMA was an tion of Executive Calendar No. 118. friendship. ‘‘abuse of rule of law principles.’’

VerDate Sep 11 2014 02:23 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.041 S18JNPT1 S3648 CONGRESSIONAL RECORD — SENATE June 18, 2019 Also in 2015, Mr. Kacsmaryk sub- istration of treating religious protec- ual Revolution ‘‘sought public affirma- mitted a brief in Obergefell v. Hodges, tions ‘‘as a secondary consideration.’’ tion of the lie that the human person is the landmark Supreme Court case that With respect to the accommodation, an autonomous blob of Silly Putty un- guaranteed marriage equality. which required nonprofit organizations constrained by nature or biology, and Mr. Kacsmaryk urged the Court to to submit a one-page form to their in- that marriage, sexuality, gender iden- deny that the 14th Amendment ex- surer noting their objections, Mr. tity, and even the unborn child must tended to the right of same-sex couples Kacsmaryk claimed the government yield to the erotic desires of liberated to marry. He argued that finding a na- was ‘‘forc[ing] religious objectors to adults.’’ tionwide right to marriage equality provide material aid to those who As a lawyer, Kacsmaryk advocated would violate the free speech rights of would commit the ultimately wrongful for employers who objected to pro- those who oppose same-sex marriage on act’’ of providing contraceptives. viding contraceptive coverage as part religious grounds, and he claimed that He also argued that a Washington of the healthcare required under the allowing gay couples to marry would State statute requiring all pharmacies Affordable Care Act on religious ‘‘silence religious dissenters who con- to stock emergency contraceptives vio- grounds. Outside of the courtroom, he tinue to hold to their millennia-old lated the rights of religious phar- continued his advocacy against repro- definition of marriage.’’ The Supreme macists. The statute permitted indi- ductive rights. In a 2016 interview, he Court disagreed. vidual pharmacists to decline to fill complained about ‘‘imposition of a sec- In 2016, Mr. Kacsmaryk continued his prescriptions that ran contrary to ular judgment on an essentially sacred efforts opposing the civil rights of their religious beliefs. question’’ in the contraceptive man- LGBT individuals by defending a com- But this was not enough for Mr. date cases. He pointed to the First pany that refused to sell a wedding Kacsmaryk, who argued that the phar- Amendment concerns of religious ac- cake to a same-sex couple, simply be- macies themselves should be exempt tors while failing to mention that the cause they were gay. from the statute. He also claimed that use of contraception is constitutionally Mr. Kacsmaryk denied that the busi- in seeking to provide contraception to protected. ness had refused to sell the cake be- women, Washington had ‘‘radically Kacsmaryk also urged the Supreme cause of the customers’ sexual orienta- depart[ed] from the nationwide con- Court to allow a Virginia school board tion. Instead, he claimed that the law sensus protecting conscience rights’’ to require students to use the restroom prohibiting discrimination against for health care professionals. corresponding to their ‘‘biological gen- LGBT individuals ‘‘forc[ed] business The Supreme Court declined to hear der’’ and a State labor and industry owners to publicly facilitate cere- the case. board in Oregon to let a bakery refuse monies, rituals, and other expressive Given the positions he has taken in to make same-sex wedding cakes. It is events with which they have funda- litigation and the inflammatory com- no wonder that more than 200 groups mental’’ disagreements. ments he has made in his personal ca- oppose his nomination, including Businesses should not be permitted pacity, I am concerned Mr. Kacsmaryk Lambda Legal and 74 other LGBT and to discriminate against customers be- will not bring the temperament needed allied groups, the National Women’s cause of their sexual orientation, but to demonstrate respect for all litigants Law Center, and AFL–CIO. in Matthew Kacsmaryk’s opinion, it is that we expect from all Federal judges. Earlier this year, I entered a letter completely acceptable to do just that. I am voting against Mr. Kacsmaryk into the record from about 300 parents Throughout his career, Mr. because I believe his record shows he is of transgender children who opposed Kacsmaryk has taken particularly of- far outside the legal mainstream, and I Kacsmaryk’s nomination ‘‘because of fensive positions on the rights of urge my colleagues to do the same. his demeaning attacks on transgender transgender Americans, including Ms. HIRONO. Madam President, this children and adults.’’ In their letter, transgender youth. month, many of us are celebrating these parents pointed to Mr. He has argued that being transgender Pride Month and reaffirming the rights Kacsmaryk’s efforts to ‘‘repeatedly is a ‘‘delusion.’’ and freedoms of the LGBTQ commu- promote [ ] fringe, junk science about He also signed onto a letter claiming nity. We also celebrated the fight for transgender people, claiming that gen- that transgender people are suffering equal rights for women with the 100th der identity doesn’t exist and that from a ‘‘psychological condition in anniversary of the passage and ratifica- being transgender is a ‘delusion.’ ’’ need of care,’’ and are ‘‘not a category tion of the 19th Amendment, which They explain why his actions are so of persons in need of special legal pro- gave women the right to vote. concerning and why his nomination tection.’’ But instead of celebrating these makes them fear for their children. Taken together, these positions show rights and freedoms, here is what Sen- They wrote: ‘‘Kacsmaryk’s words are that Mr. Kacsmaryk has strong per- ate Republicans have in store for us. deeply offensive and harmful. . . . Our sonal beliefs and is opposed to defend- This week, they will confirm a Federal children are not a delusion, and neither ing civil rights of gay and lesbian indi- judge to a lifetime appointment who is our love and support for them. We viduals. has devoted his career to advocating believe our children are miracles, like Further, when asked during his hear- against the rights of LGBTQ people every child.’’ ing whether he would recuse himself and women under the guise of religious Despite Kacsmaryk’s offensive state- from cases involving LGBT individuals, liberty. ments and extensive record against the Mr. Kacsmaryk refused. When asked in Through his actions as a lawyer and LGBT community, he is being rushed written questions how his record did private citizen, Matthew Kacsmaryk, to confirmation during Pride Month not create an appearance of impro- the nominee for the Northern District because Majority Leader MCCONNELL priety when it comes to deciding cases of Texas, has made his hostility to- and Donald Trump are intent on pack- on gay rights, Mr. Kacsmaryk simply wards LGBTQ individuals, marriage ing the courts with deeply partisan cited the Federal recusal statute, re- equality, and reproductive rights clear. judges with extreme ideological agen- fusing to answer the question directly. As deputy general counsel for the das. In addition, Mr. Kacsmaryk has also First Liberty Institute, Kacsmaryk While our friends in the House have worked to undermine women’s access urged the Supreme Court in Obergefell been busy passing bill after bill to pro- to reproductive healthcare. v. Hodges to rule that there is no na- tect women from violence, reduce For example, he argued that the Af- tionwide right to same-sex marriage. senseless gun violence, and ensure that fordable Care Act’s contraceptive cov- After the Supreme Court disagreed all Americans have access to affordable erage requirement was unconstitu- with him, Kacsmaryk wrote an article healthcare, Senate Republicans have tional, and then later claimed that the criticizing not only Obergefell, but also ignored these bipartisan bills and Obama administration’s religious ac- the Court’s decision in Roe v. Wade. He maintained their single-minded focus commodation to that requirement was argued that the fight for marriage on confirming extreme judges. That is likewise unconstitutional. equality and reproductive rights were because Senate Republicans are trying Without any evidence, Mr. ‘‘ ‘radical’ . . . demands’’ of the ‘‘Sex- to accomplish extreme, conservative Kacsmaryk accused the Obama admin- ual Revolution.’’ In his view, this Sex- outcomes through the courts that they

VerDate Sep 11 2014 02:23 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.012 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3649 been unable to achieve through legisla- incidents of our association in the Current posts and their commanders tion. As Majority Leader MCCONNELL Great War; to inculcate a sense of indi- are: previously explained, legislation can be vidual obligation to the community, repealed, but ‘‘[w]hat can’t be undone state, and nation; to combat the autoc- Commander Post Town is a lifetime appointment.’’ racy of both the classes and the Dale Miller ...... Ferdinand Bransetter Post Van Tassel masses; to make right the master of #1. In the past, this lifetime appoint- Rich Larimore ...... George W. Vroman Post #2 Casper ment was viewed as an important pro- might; to promote peace and good will Donald Dafoe ...... George Monroe Post #3 ..... Newcastle on earth; to safeguard and transmit to David Shaner ...... Wieten-Dupes Post #4 ...... Lusk tection to ensure courts remained inde- Michael Sinner ...... Travis Snow Post #5 ...... Torrington pendent and fair minded. Now, it is prosperity the principles of justice, Jerry Bowen ...... Francis E. Self Post #6 ..... Cheyenne freedom, and democracy; to consecrate James Schlenker ...... John Donald Garbutt Post Sheridan being weaponized as a tool to enforce #7. extreme, conservative policies through and sanctify our comradeship by devo- Doug Johnson ...... Samuel Mares Post #8 ...... Douglas tion to mutual helpfulness.’’ Marvin Wohletz ...... Jesse Martin Post #9 ...... Glenrock the confirmation of deeply partisan Darrel Curry ...... Ora Call Post #10 ...... Wheatland and ideologically driven judicial nomi- Through the work of American Le- Rich Fink ...... Robert Boyd Stewart Post Lovell gionnaires, those same words remain #11. nees. Don Sillivan ...... Powder River Post #13 ...... Buffalo In the past 2-and-a-half years, we compelling today. With members rep- Jonathan Storey ...... Husted-Pendleton Post #14 Laramie resented in all facets of our culture, in- Adam Blackburn ...... John Prince Post #15 ...... Glendo have seen why it is so critical to have Nate Messenger ...... Walter Haynes Post #18 .... Thermopolis fair and independent courts. As Senate cluding Presidents, Governors, Acad- Warren Hess ...... Riverton Post #19 ...... Riverton emy award winning actors, professional John West ...... Fred Coe Post #20 ...... Cody Republicans race to pack the courts Michael Pavlica ...... Robert Hogan Post #21 ..... Cheyenne with more and more partisan judges sports players, and Members of Con- Michael Hobbs ...... Archie Hay Post #24 ...... Rock Springs gress, the American Legion played a Tim Wattenberg ...... Moorcroft Post #25 ...... Moorcroft with extreme ideologies, the integrity Jerry Clark ...... Hughes-Pittinger Post #26 Powell and independence of the Federal judici- role in many of America’s triumphs. Thomas Niemiec ...... Tom Whitmore Post #28 .... Green River Today’s Legionnaires, known for their John Bubla ...... Marian Tanner Post #29 ... Basin ary is at stake. Douglas Cubbison ...... Philip Burlington Post #31 Dubois Americans must be able to trust that legacy of patriotism, service, sacrifice, Paul Linse ...... Greybull Post #32 ...... Greybull and community, continue the march. Mark Keiser ...... Don Stough Post #33 ...... Lander courts act fairly and impartially to Brian Sartor ...... Fort Bridger Post #36 ...... Ft. Bridger protect the rights of all Americans. They dedicate their time and service to Norm Freeman ...... Lavoy-Thorncock Post #40 Cokeville That is why I will vote against Mat- ensure these doctrines remain the Michael Erickson, Jr...... Medicine Butte Post #41 .. Evanston heart of the American Legion. Jerry Walters ...... Campbell County Post #42 Gillette thew Kacsmaryk’s nomination today. John Sherwood ...... Jackson Hole Post #43 ...... Jackson The American Legion has deep roots Joshua Craft ...... Floyd Minch Post #44 ...... Worland f in Wyoming’s history. Wyoming was Jimmy Bowman ...... Crook County Post #45 ..... Sundance Daniel Corun ...... American Legion Post #46 Alpine 100TH ANNIVERSARY OF THE represented in both Paris and St. Louis Brandon Shriver ...... Phillips Edwards Post #47 Pinedale and at the first National Convention in Charles Sutter ...... Star Valley Post #49 ...... Afton AMERICAN LEGION Steve Wilcoxson ...... Angus England Post #54 .. Saratoga Mr. BARRASSO. Madam President, Minneapolis. True to their pioneering Robert Bowen ...... Kemmerer Post #55 ...... Kemmerer- nature, Wyoming’s Ferdinand Diamondville today I wish to recognize the 100th an- Ricardo Nelson ...... Marlyn B. Anderson Post Veteran niversary of the American Legion. Fol- Bransetter Post No. 1 organized to sit- #56. uate themselves at the forefront of the John Wise ...... Donald W. Eisenhauer Post Pine Bluffs lowing the end of World War I, the gen- #60. eration who fought the war to end all Legion organization. However, due to Albert Oakley ...... Washakie Post #61 ...... Pavillion David Kendall ...... Reed-Gobble Post #63 ...... Lingle wars created an organization dedicated the bureaucracy encountered by the first posts, Van Tassell was actually Marion McCartney ...... William Home Post #64 .... Medicine Bow to the protection and defense of all vet- Donald Kessler ...... John Mcgill Post #70 ...... LaGrange among the first 10 posts to be char- Robert Kissel ...... Mcdonald And Voight Post Chugwater erans who answered the call of duty. #75. The American Legion has been our tered. Ronnie Olson ...... Boyce Marlatt Post #77 .... Albin In October 1919, Wyoming held its Spencer Nichols ...... Dee Fox Post #78 ...... Big Piney- Nation’s leading advocate for proper First American Legion Convention, Marbleton healthcare and earned benefits for Keith Davidson ...... Roy Montgomery Post #80 Hulett hosted by Samuel Mares Post No. 8 in Wyman Weed, Sr...... Richard Pogue Post #81 ... Ft. Washakie America’s veterans, establishing hos- Douglas. The first department officers James Yockey ...... James Oliver Hogg Post Meeteetse pitals and other services for the return- #85. included Commander Charles S. Hill Ray Fritz ...... Labarge Post #88 ...... LaBarge ing servicemembers of World War I. and Adjutant Harry Fisher. Depart- Robert Perry, Jr...... Hole In The Wall Post #90 Kaycee The Legion champions compensation Kelly Colvin ...... Heart Mountain Post #91 .. Cody ment headquarters was originally in Jack Flores ...... Garcia-Castaneda Post Cheyenne and pensions for the disabled and for Casper, later moving to Cheyenne as #93. widows and orphans and was instru- Nick Schwab ...... J.J. Webb Post #95 ...... Guernsey membership gradually grew to a high Martin Blackburn ...... Araoaho Warriors-CPL Bill Arapaho mental in creating the Veterans Ad- of 10,805 in 1949. Farris Post #96. ministration in 1930. It also played an Mike Sherr ...... Hittner Engstrom-Duncan Rawlins Today’s Wyoming American Legions Post #122. important role in the enactment of the continues to care for their comrades. GI Bill of Rights, first for World War II As leaders in their communities, they The American Legion is more than veterans, and then for veterans of fol- demonstrate honor and respect for vet- the names of men who fell on the bat- lowing eras, establishing education, vo- erans and their loved ones. They ac- tlefield in the name of freedom, liberty cational training, and home loan bene- tively support numerous youth pro- and democracy. They are more than fits. grams including Boys and Girls State, buildings or posts. They are the life- Known as the father of the American the Child Welfare Fund, Boy Scouts, blood of our country, endowed with the Legion, Lt. Colonel Theodore Roo- baseball, and scholarship programs. never-ending spirit of patriotism and sevelt, Jr., son of President Roosevelt, Their accomplishments continue to liberty. They will never quit, they will organized the first caucus of the Amer- grow as they serve our veterans, their never falter and will always complete ican Legion in Paris in March 1919. The families, and our communities. their mission. America and the State meeting continued in St. Louis in May Today’s Wyoming American Legion of Wyoming are better for it. 1919 where the official name was adopt- is comprised of 57 posts. Their leader- f ed. A preamble and constitution were ship includes Commander Richard F. adopted during the first National Dansereau, Jr., Vice Commander Mike TRIBUTE TO STANLEY P. LAWRUK, American Legion Convention in Min- Cooke, 2nd Vice Commander Jerry SR. neapolis in November 1919. The pre- Clark, Immediate Past Commander Mr. COONS. Madam President, on the amble became one of the fundamental Kenneth V. Persson, Sr., Finance Offi- 75th anniversary of D-Day, I wish to tenets of the American Legion’s ori- cer Deanna Hurless, National Execu- honor a member of our Greatest Gen- entation and objectives, beginning tive Committeeman Terry Miller, Al- eration, Stanley P. ‘‘Lucky’’ Lawruk, with: ‘‘For God and Country we asso- ternate National Executive Com- Sr., of Wilmington, DE. Stanley P. ciate ourselves together for the fol- mitteeman Doug Uhrig, Adjutant Lee Lawruk, a lifelong Delawarean, served lowing purposes: Buchschacher, Department Service Of- in the U.S. Army Air Corps at the Bat- To uphold and defend the Constitu- ficer Dwight Null, Service Officer tle of Normandy and throughout World tion of the United States of America; Michelle Jones, Historian Penny War II. to maintain law and order; to foster Merryfield, Chaplain Jim Vandivort, On D-Day, June 6, 1944, 20-year-old and perpetuate a 100 Percent Ameri- Judge Advocate Gary Hartman, and Of- Technical Sergeant Stanley Lawruk canism; to preserve the memories and fice Manager Gina Mayhan. was on his fourth combat mission as

VerDate Sep 11 2014 02:23 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.014 S18JNPT1 S3650 CONGRESSIONAL RECORD — SENATE June 18, 2019 both the flight engineer and top turret Shortly thereafter, Stan Lawruk son. The famed inventor and electricity gunner on a Boeing B–17G Flying For- married Pearl DeLucia in November pioneer could well have had Bangor in tress. Sergeant Lawruk and his fellow 1946. Together Stan and Pearl raised mind when he said, ‘‘The three great crewmen were part of the 327th Bom- three children: Kathy, Stan, and Tim. essentials to achieve anything are hard bardment Squadron, 92nd Bomb Group, Stan eventually landed a delivery job work, stick-to-itiveness, and common known as Fame’s Favored Few. with the Tasty Baking Company, the sense.’’ The men and women of GE His squadron’s mission on D-Day was maker of Tastykake treats. He worked Power demonstrate those essentials to target and destroy the marshalling there for 35 years until retirement. every day, creating opportunity for yards and industrial center at Thury- Topping that record was the nearly 69 themselves and our city, and I con- Harcourt in Normandy, France. As the years of marriage shared by Stan and gratulate them on this landmark anni- dorsal turret gunner, Sergeant Lawruk Pearl Lawruk. His beloved wife passed versary.∑ manned twin 50-caliber machineguns away in 2015. f located just above the cockpit of his Stan, who just celebrated his 95th 100TH ANNIVERSARY OF THE TWIN bomber. birthday, is still well known in our FALLS AMERICAN LEGION POST 7 ‘‘I saw all the ships go across the community and in our State. He re- ∑ channel,’’ Stan said in a 2014 interview. cently moved to Wilmington VA Med- Mr. RISCH. Madam President, along ‘‘They were so thick, you could almost ical Center’s Community Living Cen- with my colleagues Senator MIKE walk across the channel [on them]. And ter, where he quickly became a favor- CRAPO and Representative MIKE SIMP- you could see the troops.’’ Sergeant ite among the residents, staff, and vet- SON, I congratulate the American Le- Stan Lawruk survived D-Day and the erans. gion Post 7 in Twin Falls, ID, on its many follow-on missions of the Nor- Stan still loves Tastykake treats and 100th anniversary. On March 15, 1919, the first American mandy campaign. After more than 20 is widely known to be a bit of a card Legion caucus was held in Paris, combat flights, Lucky Lawruk had sharp who enjoys a game of Blackjack. France, in the wake of World War I. earned his nickname. Besides his interest in playing cards, Just a few months later, in June of On his 26th mission, Stan Lawruk’s he recently discovered his talent as an 1919, the American Legion Post 7 in luck ran out. On August 25, 1944, Stan’s artist. In the last year alone, Stan has Twin Falls, ID, was chartered. On Sep- B–17 was on a bombing mission to de- painted more than a dozen works of tember 16, 1919, Congress established stroy a V–2 rocket experimental sta- art. Folk who know Stan know him to tion located along the coast of the American Legion as a federally be a loving, caring, social, and ex- charted corporation. As you can tell, Peenemu¨ nde, Germany. There, his Fly- tremely positive person. ing Fortress fell victim to anti-aircraft those men in Twin Falls wasted no In summary, Stanley ‘‘Lucky’’ time answering the call in peacetime batteries below. Lawruk is truly part of our Greatest as they had in time of war, as veterans ‘‘A direct hit blew off the propeller Generation. I offer him my thanks for on our number four engine. That in so often do. The low post number, post his sacrifices for family, for State, for No. 7, shows the veterans of Twin Falls turn tore a large hole in our right country, and for humanity. wing,’’ Stan said in a 1945 newspaper were one of the earliest to request and Stan, on behalf of a grateful nation, receive a charter in the Idaho Depart- interview. ‘‘Another hit put our num- thank you for your dedicated service. ment. ber three engine on fire and set another f The Twin Falls American Legion windmilling. We lost altitude rapidly.’’ Post 7 has been around to help veterans Stan and his fellow wingmen were in- ADDITIONAL STATEMENTS from WWI, WWII, Korea, Vietnam, structed to bail out over Germany; Iraq, Afghanistan, and other U.S. en- however, they decided to stick with the 50TH ANNIVERSARY OF GE gagements and activities. A remark- plane if possible. ‘‘Over the Baltic we BANGOR able record of accomplishment of serv- started to toss out everything we could ice and support to our troops and vet- move or pry loose,’’ Stan said in 1945, ∑ Ms. COLLINS. Madam President, in 1969, General Electric opened a factory erans. stating that he even tried to drop the In addition, you will see post 7 mem- in Bangor, ME. At that time, it was a ball turret. ‘‘I didn’t have a chance to bers serving on Memorial Day, Vet- small operation using old machinery to finish the job before I jumped to my erans Day, veteran funerals, and many produce components for turbines that crash position. We came down in a other community events as the color powered only 7,000 homes. Today, 50 slight crash near a fishing village. guard, providing 21-gun salutes, or years later, the skilled workers at GE None of the crew was hurt.’’ playing taps on the bugle. They quietly A declassified document, Missing Air Power manufacture equipment that provide support to grieving military Crew Report 8275, recently found in the powers more than 1 million homes. I families, injured veterans, and patri- National Archives, verifies that all am delighted to congratulate this out- otic citizens. nine crew members survived the force standing company and its dedicated Twin Falls American Legion Post 7 is of the crash landing near Sovde, Swe- workforce on their golden anniversary. part of the fabric and spirit of Twin den. Weather conditions and visibility GE Power is a center of excellence Falls and the surrounding commu- were described as ‘‘cloudy smooth.’’ for steam turbine rotors and blading. It nities. They provide assistance and The bomber, numbered 43–37596, was specializes in gas turbine component service to veterans by helping them to last sighted at ‘‘1322 hours’’ that day. manufacturing, which is especially im- understand and apply for benefits, find Stan and his crew were rescued by portant as natural gas has become an jobs, and healthcare services. In addi- Swedish troops and Red Cross workers; essential contributor to America’s tion, they are involved in many pro- however, the American airmen would growing energy independence and has grams and community activities such remain in neutral Sweden for 6 months. helped reduce harmful emissions. As as American Legion Baseball, Boys The bomber crew were considered pris- this facility has grown, so has its glob- State, Oratorical Contests, and schol- oners of war until repatriated back to al reputation for innovation and prob- arship awards. Post 7 also has a wom- England. Stan, who originally enlisted lem solving. en’s auxiliary that sponsors the Girls in January 1943, remained in the U.S. That reputation is earned every day State Program and serves in many ca- Army Air Corps until he was honorably by the nearly 400 employees at GE pacities in the community. discharged at New Castle Army Air- Power. Their ingenuity and dedication The Preamble of the American Le- field in October 1945. have made their plant one of Bangor’s gion Constitution speaks volumes After World War II, Stan did what most significant employers. They have about the quality and patriotism of many GIs did upon returning home. He embraced GE’s companywide ethic of American Legion members. The first picked up where he left off before the philanthropy and service to others, and few lines of the preamble make evident war. Stan went back to his grocery job they contribute to their community in these values: ‘‘For God and Country we at the American Store, now known as countless ways. Associate Ourselves together for the ACME, located at Chestnut and Frank- The General Electric Company was following purposes: To uphold and de- lin Streets in Wilmington. founded in 1892 by Thomas Alva Edi- fend the Constitution of the United

VerDate Sep 11 2014 05:15 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.013 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3651 States of America; To maintain law structing implementation of the Day- spect to any request for disclosure of a tax- and order; To foster and perpetuate a ton Accords in Bosnia or United Na- payer’s return or return information to a one hundred percent tions Security Council Resolution 1244 practitioner; to the Committee on Finance. Americanism . . .’’ of June 10, 1999, in Kosovo, has not By Mr. LANKFORD (for himself, Ms. HASSAN, and Mr. JOHNSON): We thank Twin Falls American Le- been resolved. In addition, Executive S. 1877. A bill to establish procedures and gion Post 7 and its membership for Order 13219 was amended by Executive consequences in the event of a failure to their outstanding service to commu- Order 13304 of May 28, 2003, to take ad- complete regular appropriations; to the nity, country, and America’s veterans. ditional steps with respect to acts ob- Committee on Homeland Security and Gov- Congratulations on 100 years of structing implementation of the Ohrid ernmental Affairs. achievements. We commit to ensure Framework Agreement of 2001 relating By Ms. WARREN (for herself, Mr. veterans have access to the highest to the former Republic of Macedonia BOOKER, Mr. MERKLEY, and Mr. MAR- KEY): quality services worthy of their re- (what is now the Republic of North S. 1878. A bill to establish universal child markable dedication to our Nation.∑ Macedonia). care and early learning programs; to the f The acts of extremist violence and Committee on Health, Education, Labor, and obstructionist activity outlined in Pensions. MESSAGES FROM THE PRESIDENT these Executive Orders are hostile to By Mr. HAWLEY: Messages from the President of the United States interests and continue to S. 1879. A bill to call on the Secretary of United States were communicated to pose an unusual and extraordinary Homeland Security to lead a task force to address the threat of foreign government in- the Senate by Ms. Roberts, one of his threat to the national security and for- fluence and threats to academic research in- secretaries. eign policy of the United States. For tegrity on college campuses, and for other f this reason, I have determined that it purposes; to the Committee on Homeland Se- is necessary to continue the national curity and Governmental Affairs. EXECUTIVE MESSAGES REFERRED emergency with respect to the Western By Ms. BALDWIN (for herself, Mr. As in executive session the Presiding Balkans. PORTMAN, Mr. BLUNT, and Ms. STABE- Officer laid before the Senate messages DONALD J. TRUMP. NOW): THE WHITE HOUSE, June 18, 2019. S. 1880. A bill to support the provision of from the President of the United treatment family care services, and for other States submitting sundry nominations f purposes; to the Committee on Finance. which were referred to the appropriate By Mr. YOUNG (for himself and Ms. EXECUTIVE REPORTS OF committees. DUCKWORTH): (The messages received today are COMMITTEE S. 1881. A bill to provide PreCheck to cer- printed at the end of the Senate pro- The following executive reports of tain severely injured or disabled veterans, ceedings.) nominations were submitted: and for other purposes; to the Committee on Commerce, Science, and Transportation. f By Mr. CRAPO for the Committee on By Mr. DAINES: Banking, Housing, and Urban Affairs. S. 1882. A bill to make available the con- PRESIDENTIAL MESSAGE *Ian Paul Steff, of Indiana, to be Assistant tinued use of Pick-Sloan Missouri Basin Pro- Secretary of Commerce and Director General gram project use power by the Kinsey Irriga- of the United States and Foreign Commer- tion Company and the Sidney Water Users REPORT ON THE CONTINUATION cial Service. Irrigation District, and for other purposes; OF THE NATIONAL EMERGENCY *Michelle Bowman, of Kansas, to be a to the Committee on Energy and Natural Re- THAT WAS ORIGINALLY DE- Member of the Board of Governors of the sources. CLARED IN EXECUTIVE ORDER Federal Reserve System for a term of four- By Mr. GRASSLEY (for himself, Mrs. teen years from February 1, 2020. 13219 OF JUNE 26, 2001, WITH RE- FEINSTEIN, Mr. CORNYN, Mr. WHITE- *Allison Herren Lee, of Colorado, to be a HOUSE, and Ms. KLOBUCHAR): SPECT TO THE WESTERN BAL- Member of the Securities and Exchange S. 1883. A bill to improve the prohibitions KANS—PM 20 Commission for a term expiring June 5, 2022. on money laundering, and for other purposes; The PRESIDING OFFICER laid be- *Thomas Peter Feddo, of Virginia, to be to the Committee on the Judiciary. fore the Senate the following message Assistant Secretary of the Treasury for In- By Mr. MURPHY (for himself and Mr. vestment Security. from the President of the United BLUMENTHAL): *Paul Shmotolokha, of Washington, to be S. 1884. A bill to amend the Internal Rev- States, together with an accompanying First Vice President of the Export-Import enue Code of 1986 to provide an enhanced re- report; which was referred to the Com- Bank of the United States for a term expir- search credit for the development of smart mittee on Banking, Housing, and ing January 20, 2021. gun technologies; to the Committee on Fi- Urban Affairs: *Nomination was reported with rec- nance. ommendation that it be confirmed sub- By Mr. REED: To the Congress of the United States: S. 1885. A bill to ensure that irresponsible Section 202(d) of the National Emer- ject to the nominee’s commitment to corporate executives, rather than share- gencies Act (50 U.S.C. 1622(d)) provides respond to requests to appear and tes- holders, pay fines and penalties; to the Com- for the automatic termination of a na- tify before any duly constituted committee on Banking, Housing, and Urban Af- tional emergency unless, within 90 mittee of the Senate. fairs. days before the anniversary date of its (Nominations without an asterisk By Mr. CRUZ (for himself and Mr. declaration, the President publishes in were reported with the recommenda- CRAMER): tion that they be confirmed.) S. 1886. A bill to restrict security assist- the Federal Register and transmits to ance to Lebanon, and for other purposes; to the Congress a notice stating that the f the Committee on Foreign Relations. emergency is to continue in effect be- By Mr. PAUL: yond the anniversary date. In accord- INTRODUCTION OF BILLS AND S. 1887. A bill to streamline the application ance with this provision, I have sent to JOINT RESOLUTIONS process for H–2A employers, and for other the Federal Register for publication the The following bills and joint resolu- purposes; to the Committee on the Judici- enclosed notice stating that the nations were introduced, read the first ary. tional emergency with respect to the and second times by unanimous con- By Mr. PORTMAN (for himself and Mr. WARNER): Western Balkans that was declared in sent, and referred as indicated: S. 1888. A bill to amend the Higher Edu- Executive Order 13219 of June 26, 2001, By Mr. UDALL (for himself and Mr. cation Act of 1965 to allow the Secretary of is to continue in effect beyond June 26, HEINRICH): Education to create a pilot program to 2019. S. 1875. A bill to amend the Aamodt Litiga- award College in High School Pell Grants; to The threat constituted by the actions tion Settlement Act, and for other purposes; the Committee on Health, Education, Labor, of persons engaged in, or assisting, to the Committee on Indian Affairs. and Pensions. sponsoring, or supporting (i) extremist By Mr. PORTMAN (for himself and Mr. By Mr. WHITEHOUSE (for himself and BENNET): Mr. GRASSLEY): violence in the former Republic of Mac- S. 1876. A bill to amend the Internal Rev- S. 1889. A bill to ensure that persons who edonia (what is now the Republic of enue Code of 1986 to direct the Secretary of form corporations in the United States dis- North Macedonia) and elsewhere in the the Treasury to establish uniform standards close the beneficial owners of those corpora- Western Balkans region, or (ii) acts ob- for the use of electronic signatures with re- tions, in order to prevent the formation of

VerDate Sep 11 2014 05:15 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.017 S18JNPT1 S3652 CONGRESSIONAL RECORD — SENATE June 18, 2019 corporations with hidden owners, stop the ther retired pay by reason of their DURBIN) was added as a cosponsor of S. misuse of United States corporations by years of military service or Combat- 500, a bill to amend title 54, United wrongdoers, and assist law enforcement in Related Special Compensation, and for States Code, to establish, fund, and detecting, preventing, and punishing ter- other purposes. provide for the use of amounts in a Na- rorism, money laundering, tax evasion, and other criminal and civil misconduct involv- S. 227 tional Park Service Legacy Restora- ing United States corporations, and for other At the request of Ms. MURKOWSKI, the tion Fund to address the maintenance purposes; to the Committee on the Judici- name of the Senator from Hawaii (Mr. backlog of the National Park Service, ary. SCHATZ) was added as a cosponsor of S. and for other purposes. By Ms. CORTEZ MASTO (for herself, 227, a bill to direct the Attorney Gen- S. 514 Mr. MERKLEY, Mrs. FEINSTEIN, Ms. eral to review, revise, and develop law At the request of Mr. TESTER, the STABENOW, and Ms. HARRIS): enforcement and justice protocols ap- S. 1890. A bill to provide for grants for en- name of the Senator from North Da- ergy efficiency improvements and renewable propriate to address missing and mur- kota (Mr. CRAMER) was added as a co- energy improvements at public school facili- dered Indians, and for other purposes. sponsor of S. 514, a bill to amend title ties; to the Committee on Energy and Nat- S. 239 38, United States Code, to improve the ural Resources. At the request of Mrs. SHAHEEN, the benefits and services provided by the By Mr. PETERS: names of the Senator from Minnesota Department of Veterans Affairs to S. 1891. A bill to provide for the inclusion (Ms. SMITH), the Senator from Cali- women veterans, and for other pur- on the Vietnam Veterans Memorial Wall of fornia (Ms. HARRIS), the Senator from poses. the names of the soldiers who died on Flying California (Mrs. FEINSTEIN), the Sen- Tiger Flight 739 on March 16, 1962; to the S. 546 Committee on Energy and Natural Re- ator from Connecticut (Mr. MURPHY), At the request of Mr. GARDNER, the sources. the Senator from Idaho (Mr. CRAPO) names of the Senator from Michigan and the Senator from Ohio (Mr. BROWN) f (Mr. PETERS), the Senator from Florida were added as cosponsors of S. 239, a (Mr. SCOTT) and the Senator from Alas- ADDITIONAL COSPONSORS bill to require the Secretary of the ka (Mr. SULLIVAN) were added as co- Treasury to mint coins in recognition S. 27 sponsors of S. 546, a bill to extend au- of Christa McAuliffe. At the request of Mr. MANCHIN, the thorization for the September 11th Vic- S. 428 names of the Senator from Maryland tim Compensation Fund of 2001 At the request of Ms. KLOBUCHAR, the (Mr. VAN HOLLEN) and the Senator through fiscal year 2090, and for other name of the Senator from Minnesota from Connecticut (Mr. BLUMENTHAL) purposes. (Ms. SMITH) was added as a cosponsor were added as cosponsors of S. 27, a bill S. 578 of S. 428, a bill to lift the trade embar- to amend the Surface Mining Control At the request of Mr. WHITEHOUSE, go on Cuba. and Reclamation Act of 1977 to transfer the names of the Senator from Okla- S. 457 certain funds to the 1974 United Mine homa (Mr. LANKFORD) and the Senator At the request of Mr. CORNYN, the Workers of America Pension Plan, and from Hawaii (Ms. HIRONO) were added for other purposes. names of the Senator from Colorado as cosponsors of S. 578, a bill to amend (Mr. GARDNER), the Senator from Wis- S. 91 title II of the Social Security Act to consin (Mr. JOHNSON), the Senator from At the request of Mr. GARDNER, the eliminate the five-month waiting pe- Alaska (Ms. MURKOWSKI), the Senator name of the Senator from Virginia (Mr. riod for disability insurance benefits from Florida (Mr. RUBIO) and the Sen- KAINE) was added as a cosponsor of S. under such title for individuals with ator from Alaska (Mr. SULLIVAN) were amyotrophic lateral sclerosis. 91, a bill to amend title 38, United added as cosponsors of S. 457, a bill to S. 589 States Code, to authorize per diem pay- require that $1 coins issued during 2019 ments under comprehensive service honor President George H.W. Bush and At the request of Mr. LANKFORD, the programs for homeless veterans to fur- to direct the Secretary of the Treasury name of the Senator from Alaska (Ms. nish care to dependents of homeless to issue bullion coins during 2019 in MURKOWSKI) was added as a cosponsor veterans, and for other purposes. honor of Barbara Bush. of S. 589, a bill to provide for a period of continuing appropriations in the S. 170 S. 460 event of a lapse in appropriations At the request of Mr. DAINES, the At the request of Mr. WARNER, the under the normal appropriations proc- names of the Senator from New Mexico names of the Senator from Michigan ess, and establish procedures and con- (Mr. HEINRICH) and the Senator from (Mr. PETERS) and the Senator from sequences in the event of a failure to Colorado (Mr. BENNET) were added as Louisiana (Mr. KENNEDY) were added as complete regular appropriations. cosponsors of S. 170, a bill to amend the cosponsors of S. 460, a bill to amend the Internal Revenue Code of 1986 to limit Internal Revenue Code of 1986 to extend S. 631 the amount of certain qualified con- the exclusion for employer-provided At the request of Mr. CARPER, the servation contributions. education assistance to employer pay- name of the Senator from New Hamp- S. 178 ments of student loans. shire (Mrs. SHAHEEN) was added as a co- At the request of Mr. RUBIO, the S. 466 sponsor of S. 631, a bill to provide for names of the Senator from Oklahoma At the request of Mr. WARNER, the the admission of the State of Wash- (Mr. LANKFORD) and the Senator from names of the Senator from Michigan ington, D.C. into the Union. Minnesota (Ms. KLOBUCHAR) were added (Mr. PETERS) and the Senator from Or- S. 640 as cosponsors of S. 178, a bill to con- egon (Mr. MERKLEY) were added as co- At the request of Mr. KENNEDY, the demn gross human rights violations of sponsors of S. 466, a bill to provide that name of the Senator from Oklahoma ethnic Turkic Muslims in Xinjiang, and certain guidance related to waivers for (Mr. LANKFORD) was added as a cospon- calling for an end to arbitrary deten- State innovation under the Patient sor of S. 640, a bill to amend title XVIII tion, torture, and harassment of these Protection and Affordable Care Act of the Social Security Act to require communities inside and outside China. shall have no force or effect. pharmacy-negotiated price concessions S. 208 S. 491 to be included in negotiated prices at At the request of Mr. TESTER, the At the request of Mr. HEINRICH, the the point-of-sale under part D of the name of the Senator from Minnesota name of the Senator from Connecticut Medicare program, and for other pur- (Ms. SMITH) was added as a cosponsor (Mr. MURPHY) was added as a cosponsor poses. of S. 208, a bill to amend title 10, of S. 491, a bill to reaffirm the policy of S. 727 United States Code, to permit certain the United States with respect to man- At the request of Mr. COONS, the retired members of the uniformed serv- agement authority over public land, name of the Senator from Washington ices who have a service-connected dis- and for other purposes. (Ms. CANTWELL) was added as a cospon- ability to receive both disability com- S. 500 sor of S. 727, a bill to combat inter- pensation from the Department of Vet- At the request of Mr. WARNER, the national extremism by addressing glob- erans Affairs for their disability and ei- name of the Senator from Illinois (Mr. al fragility and violence and stabilizing

VerDate Sep 11 2014 02:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.024 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3653 conflict-affected areas, and for other Tax Credit and make the credit fully Security are detained, and for other purposes. refundable. purposes. S. 756 S. 961 S. 1247 At the request of Mr. MENENDEZ, the At the request of Mrs. SHAHEEN, the At the request of Mr. BLUMENTHAL, name of the Senator from Tennessee name of the Senator from Nevada (Ms. the names of the Senator from Massa- (Mrs. BLACKBURN) was added as a co- CORTEZ MASTO) was added as a cospon- chusetts (Mr. MARKEY), the Senator sponsor of S. 756, a bill to modify the sor of S. 961, a bill to amend the Inter- from Vermont (Mr. LEAHY), the Sen- prohibition on recognition by United nal Revenue Code of 1986 to expand eli- ator from New Mexico (Mr. UDALL) and States courts of certain rights relating gibility for the refundable credit for the Senator from Washington (Mrs. to certain marks, trade names, or com- coverage under a qualified health plan. MURRAY) were added as cosponsors of mercial names. S. 979 S. 1247, a bill to amend the Federal S. 784 At the request of Mr. PETERS, the Election Campaign Act of 1971 to re- At the request of Ms. KLOBUCHAR, the name of the Senator from New Hamp- quire reporting to the Federal Election name of the Senator from North Da- shire (Ms. HASSAN) was added as a co- Commission and the Federal Bureau of kota (Mr. HOEVEN) was added as a cosponsor of S. 979, a bill to amend the Investigation of offers by foreign na- sponsor of S. 784, a bill to amend the Post-Katrina Emergency Management tionals to make prohibited contribu- Elementary and Secondary Education Reform Act of 2006 to incorporate the tions, donations, expenditures, or dis- Act of 1965 to expand the military stu- recommendations made by the Govern- bursements, and for other purposes. dent identifier program to cover stu- ment Accountability Office relating to S. 1317 dents with a parent who serves in the advance contracts, and for other pur- At the request of Ms. MURKOWSKI, the reserve component of the Armed poses. names of the Senator from Idaho (Mr. Forces. S. 1032 RISCH), the Senator from Alabama (Mr. S. 849 At the request of Mr. PORTMAN, the JONES) and the Senator from North At the request of Mr. CRAMER, the name of the Senator from Michigan Carolina (Mr. TILLIS) were added as co- name of the Senator from Maine (Mr. (Mr. PETERS) was added as a cosponsor sponsors of S. 1317, a bill to facilitate KING) was added as a cosponsor of S. of S. 1032, a bill to amend the Internal the availability, development, and en- 849, a bill to provide for the inclusion Revenue Code of 1986 to modify the def- vironmentally responsible production on the Vietnam Veterans Memorial inition of income for purposes of deter- of domestic resources to meet national Wall of the names of the lost crew mining the tax-exempt status of cer- material or critical mineral needs, and members of the U.S.S. Frank E. Evans tain corporations. for other purposes. killed on June 3, 1969. S. 1088 S. 1329 S. 894 At the request of Mr. MARKEY, the At the request of Ms. WARREN, the At the request of Mr. DURBIN, the name of the Senator from Pennsyl- name of the Senator from New Mexico names of the Senator from Washington vania (Mr. CASEY) was added as a co- (Mr. HEINRICH) was added as a cospon- (Mrs. MURRAY), the Senator from New sponsor of S. 1088, a bill to amend the sor of S. 1329, a bill to amend the Child Jersey (Mr. MENENDEZ) and the Sen- Immigration and Nationality Act to re- Abuse Prevention and Treatment Act ator from Washington (Ms. CANTWELL) quire the President to set a minimum to require that equitable distribution were added as cosponsors of S. 894, a annual goal for the number of refugees of assistance include equitable dis- bill to authorize dedicated domestic to be admitted, and for other purposes. tribution in Indian tribes and tribal or- terrorism offices within the Depart- S. 1126 ganizations and to increase amounts ment of Homeland Security, the De- At the request of Mrs. CAPITO, the reserved for allotment to Indian tribes partment of Justice, and the Federal name of the Senator from Missouri and tribal organizations under certain Bureau of Investigation to analyze and (Mr. BLUNT) was added as a cosponsor circumstances, and to provide for a monitor domestic terrorist activity of S. 1126, a bill to provide better care Government Accountability Office re- and require the Federal Government to for Americans living with Alzheimer’s port on child abuse and neglect in take steps to prevent domestic ter- disease and related dementias and their American Indian tribal communities. rorism. caregivers, while accelerating progress S. 1354 S. 899 toward prevention strategies, disease At the request of Mr. DURBIN, the At the request of Mr. KAINE, the modifying treatments, and, ultimately, name of the Senator from Minnesota names of the Senator from California a cure. (Ms. KLOBUCHAR) was added as a co- (Mrs. FEINSTEIN) and the Senator from S. 1168 sponsor of S. 1354, a bill to require cer- Delaware (Mr. COONS) were added as co- At the request of Mr. BLUNT, the tain protections for student loan bor- sponsors of S. 899, a bill to limit the names of the Senator from Louisiana rowers, and for other purposes. authority of the President to modify (Mr. KENNEDY) and the Senator from S. 1414 duty rates for national security rea- Texas (Mr. CRUZ) were added as cospon- At the request of Mr. DURBIN, the sons and to limit the authority of the sors of S. 1168, a bill to amend the name of the Senator from Nevada (Ms. United States Trade Representative to Higher Education Act of 1965 to ensure CORTEZ MASTO) was added as a cospon- impose certain duties or import re- campus access at public institutions of sor of S. 1414, a bill to provide bank- strictions, and for other purposes. higher education for religious groups. ruptcy relief for student borrowers. S. 906 S. 1223 S. 1447 At the request of Mrs. FEINSTEIN, the At the request of Mr. CASEY, the At the request of Mr. BENNET, the names of the Senator from Delaware name of the Senator from Oklahoma name of the Senator from Minnesota (Mr. COONS), the Senator from Con- (Mr. LANKFORD) was added as a cospon- (Ms. SMITH) was added as a cosponsor necticut (Mr. BLUMENTHAL) and the sor of S. 1223, a bill to amend title of S. 1447, a bill to allow the financing Senator from California (Ms. HARRIS) XVIII of the Social Security Act to by United States persons of sales of ag- were added as cosponsors of S. 906, a provide for the non-application of ricultural commodities to Cuba. bill to improve the management of Medicare competitive acquisition rates S. 1500 driftnet fishing. to complex rehabilitative wheelchairs At the request of Ms. ERNST, the S. 931 and accessories. name of the Senator from Alaska (Mr. At the request of Mr. CASEY, the S. 1243 SULLIVAN) was added as a cosponsor of names of the Senator from Alabama At the request of Mr. BOOKER, the S. 1500, a bill to amend title 10, United (Mr. JONES) and the Senator from Wis- name of the Senator from Vermont States Code, to improve and enhance consin (Ms. BALDWIN) were added as co- (Mr. LEAHY) was added as a cosponsor protections for members of the Armed sponsors of S. 931, a bill to amend the of S. 1243, a bill to provide standards Forces who are victims of a sex-related Internal Revenue Code of 1986 to en- for facilities at which aliens in the cus- or domestic violence offense, and for hance the Child and Dependent Care tody of the Department of Homeland other purposes.

VerDate Sep 11 2014 02:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.026 S18JNPT1 S3654 CONGRESSIONAL RECORD — SENATE June 18, 2019 S. 1539 (Mr. BLUNT) and the Senator from Ari- S. 1847 At the request of Mr. PETERS, the zona (Ms. SINEMA) were added as co- At the request of Mrs. MURRAY, the name of the Senator from New Hamp- sponsors of S. 1728, a bill to require the names of the Senator from Nevada (Ms. shire (Ms. HASSAN) was added as a co- United States Postal Service to sell the ROSEN) and the Senator from Hawaii sponsor of S. 1539, a bill to amend the Alzheimer’s semipostal stamp for 6 ad- (Mr. SCHATZ) were added as cosponsors Homeland Security Act of 2002 to pro- ditional years. of S. 1847, a bill to require group health vide funding to secure nonprofit facili- S. 1733 plans and group or individual health ties from terrorist attacks, and for At the request of Mrs. FEINSTEIN, the insurance coverage to provide coverage other purposes. name of the Senator from Massachu- for over-the-counter contraceptives. At the request of Mr. PORTMAN, the setts (Mr. MARKEY) was added as a co- S. 1871 name of the Senator from Wisconsin sponsor of S. 1733, a bill to limit the At the request of Mr. CARDIN, the (Mr. JOHNSON) was added as a cosponsor separation of children from their par- names of the Senator from New Jersey of S. 1539, supra. ents or legal guardians, to limit the de- (Mr. BOOKER) and the Senator from S. 1543 tention of families and children, to California (Mrs. FEINSTEIN) were added At the request of Ms. ERNST, the provide unaccompanied alien children as cosponsors of S. 1871, a bill to amend name of the Senator from Indiana (Mr. with access to counsel, to increase the title 23, United States Code, to compel BRAUN) was added as a cosponsor of S. number of immigration judges and sup- States to require illuminated signs and 1543, a bill to amend the Internal Rev- port staff, and for other purposes. other measures on ride-hailing vehi- enue Code of 1986 to provide that floor S. 1764 cles, to require transportation network plan financing includes the financing At the request of Ms. DUCKWORTH, companies to implement an electronic of certain trailers and campers. the name of the Senator from New access system on ride-hailing vehicles, S. 1555 York (Mrs. GILLIBRAND) was added as a to prohibit the sale of such signs, and At the request of Mr. CRAPO, the cosponsor of S. 1764, a bill to amend the for other purposes. name of the Senator from Kansas (Mr. Communications Act of 1934 to require S. 1874 MORAN) was added as a cosponsor of S. the Federal Communications Commis- At the request of Mr. PETERS, the 1555, a bill to amend title 10, United sion to ensure just and reasonable States Code, to improve the Transition name of the Senator from New Hamp- charges for telephone and advanced Assistance Program for members of the shire (Ms. HASSAN) was added as a co- communications services in the correc- Armed Forces, and for other purposes. sponsor of S. 1874, a bill to amend title tional and detention facilities. S. 1564 40, United States Code, to require the S. 1806 At the request of Mr. TILLIS, the Administrator of General Services to At the request of Mr. ROMNEY, the name of the Senator from Texas (Mr. procure the most life-cycle cost effec- name of the Senator from Texas (Mr. CRUZ) was added as a cosponsor of S. tive and energy efficiency lighting CORNYN) was added as a cosponsor of S. 1564, a bill to require the Securities and products and to issue guidance on the 1806, a bill to make the E-Verify pro- Exchange Commission and certain Fed- efficiency, effectiveness, and economy gram permanent, and for other pur- eral agencies to carry out a study re- of those products, and for other pur- lating to accounting standards, and for poses. poses. S. 1826 other purposes. S.J. RES. 49 At the request of Ms. CORTEZ MASTO, S. 1586 At the request of Mr. DAINES, the the name of the Senator from New At the request of Mr. CRUZ, the name names of the Senator from Wyoming York (Mrs. GILLIBRAND) was added as a of the Senator from Tennessee (Mrs. (Mr. ENZI) and the Senator from Ten- cosponsor of S. 1826, a bill to modify BLACKBURN) was added as a cosponsor nessee (Mrs. BLACKBURN) were added as of S. 1586, a bill to abolish the Federal the penalties for violations of the Tele- cosponsors of S.J. Res. 49, a joint reso- Insurance Office of the Department of phone Consumer Protection Act of 1993. lution proposing an amendment to the the Treasury, and for other purposes. S. 1830 Constitution of the United States au- ARRASSO S. 1643 At the request of Mr. B , the thorizing the Congress to prohibit the At the request of Mr. WYDEN, the names of the Senator from Wyoming physical desecration of the flag of the name of the Senator from California (Mr. ENZI) and the Senator from North United States. Dakota (Mr. HOEVEN) were added as co- (Mrs. FEINSTEIN) was added as a co- S. RES. 80 sponsors of S. 1830, a bill to enhance sponsor of S. 1643, a bill to amend title At the request of Mr. COONS, the the security of the United States and 36, United States Code, to grant a Fed- name of the Senator from Alaska (Mr. its allies, and for other purposes. eral charter to the Forest and Refuge SULLIVAN) was added as a cosponsor of S. 1834 County Foundation, to provide for the S. Res. 80, a resolution establishing the At the request of Mr. CARDIN, the establishment of the Natural Resources John S. McCain III Human Rights names of the Senator from California Permanent Fund, and for other pur- Commission. poses. (Mrs. FEINSTEIN) and the Senator from S. RES. 120 S. 1650 New York (Mrs. GILLIBRAND) were At the request of Mr. CARDIN, the At the request of Mr. CASEY, the added as cosponsors of S. 1834, a bill to name of the Senator from Indiana (Mr. name of the Senator from Minnesota prohibit deceptive practices in Federal BRAUN) was added as a cosponsor of S. (Ms. SMITH) was added as a cosponsor elections. Res. 120, a resolution opposing efforts of S. 1650, a bill to amend the Higher S. 1838 to delegitimize the State of Israel and Education Act of 1965 to provide for- At the request of Mr. RUBIO, the mula grants to States to improve high- name of the Senator from North Da- the Global Boycott, Divestment, and Sanctions Movement targeting Israel. er education opportunities for foster kota (Mr. CRAMER) was added as a co- youth and homeless youth, and for sponsor of S. 1838, a bill to amend the S. RES. 198 other purposes. Hong Kong Policy Act of 1992, and for At the request of Mr. DURBIN, the S. 1696 other purposes. name of the Senator from Texas (Mr. At the request of Mr. BRAUN, the S. 1840 CRUZ) was added as a cosponsor of S. names of the Senator from Missouri At the request of Mrs. FISCHER, the Res. 198, a resolution condemning (Mr. HAWLEY) and the Senator from names of the Senator from Illinois (Mr. Brunei’s dramatic human rights back- Massachusetts (Ms. WARREN) were DURBIN), the Senator from Minnesota sliding. added as cosponsors of S. 1696, a bill to (Ms. SMITH) and the Senator from Wis- S. RES. 205 amend the Higher Education Act of consin (Ms. BALDWIN) were added as co- At the request of Mr. MURPHY, the 1965 to eliminate origination fees on sponsors of S. 1840, a bill to establish name of the Senator from Missouri Federal Direct loans. certain requirements for the small re- (Mr. BLUNT) was added as a cosponsor S. 1728 fineries exemption of the renewable of S. Res. 205, a resolution expressing At the request of Mr. MARKEY, the fuels provisions under the Clean Air the gratitude of the Senate for the peo- names of the Senator from Missouri Act, and for other purposes. ple who operate or support diaper

VerDate Sep 11 2014 02:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.028 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3655 banks and diaper distribution programs HOLLEN), the Senator from Vermont be proposed to S. 1790, an original bill in their local communities. (Mr. SANDERS), the Senator from Mas- to authorize appropriations for fiscal S. RES. 243 sachusetts (Mr. MARKEY), the Senator year 2020 for military activities of the At the request of Mr. MURPHY, the from Wisconsin (Ms. BALDWIN) and the Department of Defense, for military name of the Senator from Kansas (Mr. Senator from Connecticut (Mr. construction, and for defense activities MORAN) was added as a cosponsor of S. BLUMENTHAL) were added as cosponsors of the Department of Energy, to pre- Res. 243, a resolution requesting infor- of amendment No. 301 intended to be scribe military personnel strengths for mation on Saudi Arabia’s human rights proposed to S. 1790, an original bill to such fiscal year, and for other pur- practices in Yemen pursuant to section authorize appropriations for fiscal year poses. 502B(c) of the Foreign Assistance Act 2020 for military activities of the De- AMENDMENT NO. 373 of 1961. partment of Defense, for military con- At the request of Mr. CORNYN, the AMENDMENT NO. 253 struction, and for defense activities of name of the Senator from New York At the request of Ms. DUCKWORTH, the Department of Energy, to prescribe (Mr. SCHUMER) was added as a cospon- the name of the Senator from South military personnel strengths for such sor of amendment No. 373 intended to Dakota (Mr. ROUNDS) was added as a fiscal year, and for other purposes. be proposed to S. 1790, an original bill cosponsor of amendment No. 253 in- AMENDMENT NO. 313 to authorize appropriations for fiscal tended to be proposed to S. 1790, an At the request of Ms. MURKOWSKI, the year 2020 for military activities of the original bill to authorize appropria- names of the Senator from Texas (Mr. Department of Defense, for military tions for fiscal year 2020 for military CRUZ) and the Senator from Wyoming construction, and for defense activities activities of the Department of De- (Mr. BARRASSO) were added as cospon- of the Department of Energy, to pre- fense, for military construction, and sors of amendment No. 313 intended to scribe military personnel strengths for for defense activities of the Depart- be proposed to S. 1790, an original bill such fiscal year, and for other pur- ment of Energy, to prescribe military to authorize appropriations for fiscal poses. personnel strengths for such fiscal year 2020 for military activities of the AMENDMENT NO. 374 year, and for other purposes. Department of Defense, for military At the request of Ms. KLOBUCHAR, the AMENDMENT NO. 258 construction, and for defense activities names of the Senator from Colorado At the request of Ms. DUCKWORTH, of the Department of Energy, to pre- (Mr. BENNET) and the Senator from the name of the Senator from Massa- scribe military personnel strengths for North Dakota (Mr. HOEVEN) were added chusetts (Ms. WARREN) was added as a such fiscal year, and for other pur- as cosponsors of amendment No. 374 in- cosponsor of amendment No. 258 in- poses. tended to be proposed to S. 1790, an tended to be proposed to S. 1790, an AMENDMENT NO. 329 original bill to authorize appropria- original bill to authorize appropria- At the request of Mr. VAN HOLLEN, tions for fiscal year 2020 for military tions for fiscal year 2020 for military the name of the Senator from Wash- activities of the Department of De- activities of the Department of De- ington (Mrs. MURRAY) was added as a fense, for military construction, and fense, for military construction, and cosponsor of amendment No. 329 infor defense activities of the Depart- for defense activities of the Depart- tended to be proposed to S. 1790, an ment of Energy, to prescribe military ment of Energy, to prescribe military original bill to authorize appropria- personnel strengths for such fiscal personnel strengths for such fiscal tions for fiscal year 2020 for military year, and for other purposes. year, and for other purposes. activities of the Department of De- AMENDMENT NO. 375 AMENDMENT NO. 264 fense, for military construction, and At the request of Ms. KLOBUCHAR, the At the request of Mrs. SHAHEEN, the for defense activities of the Depart- names of the Senator from New Jersey name of the Senator from Colorado ment of Energy, to prescribe military (Mr. BOOKER), the Senator from Michi- (Mr. BENNET) was added as a cosponsor personnel strengths for such fiscal gan (Mr. PETERS) and the Senator from of amendment No. 264 intended to be year, and for other purposes. New Hampshire (Ms. HASSAN) were proposed to S. 1790, an original bill to AMENDMENT NO. 331 added as cosponsors of amendment No. authorize appropriations for fiscal year At the request of Mr. MERKLEY, the 375 intended to be proposed to S. 1790, 2020 for military activities of the De- name of the Senator from South Da- an original bill to authorize appropria- partment of Defense, for military con- kota (Mr. ROUNDS) was added as a co- tions for fiscal year 2020 for military struction, and for defense activities of sponsor of amendment No. 331 intended activities of the Department of De- the Department of Energy, to prescribe to be proposed to S. 1790, an original fense, for military construction, and military personnel strengths for such bill to authorize appropriations for fis- for defense activities of the Depart- fiscal year, and for other purposes. cal year 2020 for military activities of ment of Energy, to prescribe military AMENDMENT NO. 292 the Department of Defense, for mili- personnel strengths for such fiscal At the request of Mr. MENENDEZ, the tary construction, and for defense ac- year, and for other purposes. name of the Senator from Alaska (Mr. tivities of the Department of Energy, AMENDMENT NO. 379 SULLIVAN) was added as a cosponsor of to prescribe military personnel At the request of Mr. PETERS, the amendment No. 292 intended to be pro- strengths for such fiscal year, and for name of the Senator from Iowa (Mr. posed to S. 1790, an original bill to au- other purposes. GRASSLEY) was added as a cosponsor of thorize appropriations for fiscal year AMENDMENT NO. 336 amendment No. 379 intended to be pro- 2020 for military activities of the De- At the request of Mr. MERKLEY, the posed to S. 1790, an original bill to au- partment of Defense, for military con- name of the Senator from Washington thorize appropriations for fiscal year struction, and for defense activities of (Ms. CANTWELL) was added as a cospon- 2020 for military activities of the De- the Department of Energy, to prescribe sor of amendment No. 336 intended to partment of Defense, for military con- military personnel strengths for such be proposed to S. 1790, an original bill struction, and for defense activities of fiscal year, and for other purposes. to authorize appropriations for fiscal the Department of Energy, to prescribe AMENDMENT NO. 301 year 2020 for military activities of the military personnel strengths for such At the request of Mr. MANCHIN, the Department of Defense, for military fiscal year, and for other purposes. names of the Senator from Alabama construction, and for defense activities AMENDMENT NO. 390 (Mr. JONES), the Senator from Ohio of the Department of Energy, to pre- At the request of Ms. STABENOW, the (Mr. BROWN), the Senator from Vir- scribe military personnel strengths for name of the Senator from Michigan ginia (Mr. WARNER), the Senator from such fiscal year, and for other pur- (Mr. PETERS) was added as a cosponsor Illinois (Mr. DURBIN), the Senator from poses. of amendment No. 390 intended to be Virginia (Mr. KAINE), the Senator from AMENDMENT NO. 337 proposed to S. 1790, an original bill to Pennsylvania (Mr. CASEY), the Senator At the request of Mr. MERKLEY, the authorize appropriations for fiscal year from New Jersey (Mr. BOOKER), the name of the Senator from Washington 2020 for military activities of the De- Senator from Illinois (Ms. DUCKWORTH), (Ms. CANTWELL) was added as a cospon- partment of Defense, for military con- the Senator from Maryland (Mr. VAN sor of amendment No. 337 intended to struction, and for defense activities of

VerDate Sep 11 2014 02:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.031 S18JNPT1 S3656 CONGRESSIONAL RECORD — SENATE June 18, 2019 the Department of Energy, to prescribe to prescribe military personnel AMENDMENT NO. 484 military personnel strengths for such strengths for such fiscal year, and for At the request of Mr. DAINES, the fiscal year, and for other purposes. other purposes. name of the Senator from Michigan AMENDMENT NO. 410 AMENDMENT NO. 443 (Mr. PETERS) was added as a cosponsor of amendment No. 484 intended to be At the request of Mr. UDALL, the At the request of Mr. TESTER, his proposed to S. 1790, an original bill to name of the Senator from Massachu- name was withdrawn as a cosponsor of authorize appropriations for fiscal year setts (Ms. WARREN) was added as a co- amendment No. 443 intended to be pro- 2020 for military activities of the De- sponsor of amendment No. 410 intended posed to S. 1790, an original bill to au- partment of Defense, for military con- to be proposed to S. 1790, an original thorize appropriations for fiscal year struction, and for defense activities of bill to authorize appropriations for fis- 2020 for military activities of the De- the Department of Energy, to prescribe cal year 2020 for military activities of partment of Defense, for military con- military personnel strengths for such the Department of Defense, for mili- struction, and for defense activities of fiscal year, and for other purposes. tary construction, and for defense ac- the Department of Energy, to prescribe AMENDMENT NO. 493 tivities of the Department of Energy, military personnel strengths for such At the request of Mr. CRAPO, the to prescribe military personnel fiscal year, and for other purposes. strengths for such fiscal year, and for name of the Senator from Massachu- AMENDMENT NO. 454 other purposes. setts (Ms. WARREN) was added as a co- At the request of Mr. UDALL, the sponsor of amendment No. 493 intended AMENDMENT NO. 415 name of the Senator from Massachu- to be proposed to S. 1790, an original At the request of Mr. TESTER, the setts (Ms. WARREN) was added as a co- bill to authorize appropriations for fis- names of the Senator from Connecticut sponsor of amendment No. 454 intended cal year 2020 for military activities of (Mr. BLUMENTHAL) and the Senator to be proposed to S. 1790, an original the Department of Defense, for mili- from Massachusetts (Ms. WARREN) were bill to authorize appropriations for fis- tary construction, and for defense ac- added as cosponsors of amendment No. cal year 2020 for military activities of tivities of the Department of Energy, 415 intended to be proposed to S. 1790, the Department of Defense, for mili- to prescribe military personnel an original bill to authorize appropria- tary construction, and for defense ac- strengths for such fiscal year, and for tions for fiscal year 2020 for military tivities of the Department of Energy, other purposes. activities of the Department of De- to prescribe military personnel AMENDMENT NO. 509 fense, for military construction, and strengths for such fiscal year, and for At the request of Mr. TOOMEY, the for defense activities of the Depart- other purposes. names of the Senator from Mississippi ment of Energy, to prescribe military (Mrs. HYDE-SMITH) and the Senator personnel strengths for such fiscal AMENDMENT NO. 455 from Tennessee (Mrs. BLACKBURN) were year, and for other purposes. At the request of Mr. WHITEHOUSE, added as cosponsors of amendment No. AMENDMENT NO. 417 the names of the Senator from Mary- land (Mr. VAN HOLLEN), the Senator 509 intended to be proposed to S. 1790, At the request of Mr. CARPER, the an original bill to authorize appropria- names of the Senator from New Hamp- from New York (Mrs. GILLIBRAND), the Senator from Arizona (Ms. MCSALLY), tions for fiscal year 2020 for military shire (Ms. HASSAN), the Senator from the Senator from Massachusetts (Ms. activities of the Department of De- Colorado (Mr. BENNET), the Senator WARREN) and the Senator from Con- fense, for military construction, and from Massachusetts (Mr. MARKEY), the for defense activities of the Depart- Senator from Connecticut (Mr. necticut (Mr. BLUMENTHAL) were added as cosponsors of amendment No. 455 in- ment of Energy, to prescribe military BLUMENTHAL), the Senator from New tended to be proposed to S. 1790, an personnel strengths for such fiscal Mexico (Mr. UDALL) and the Senator original bill to authorize appropria- year, and for other purposes. from Maryland (Mr. VAN HOLLEN) were tions for fiscal year 2020 for military AMENDMENT NO. 516 added as cosponsors of amendment No. At the request of Mr. KING, the name 417 intended to be proposed to S. 1790, activities of the Department of De- fense, for military construction, and of the Senator from New York (Mrs. an original bill to authorize appropria- GILLIBRAND) was added as a cosponsor tions for fiscal year 2020 for military for defense activities of the Depart- ment of Energy, to prescribe military of amendment No. 516 intended to be activities of the Department of De- proposed to S. 1790, an original bill to fense, for military construction, and personnel strengths for such fiscal year, and for other purposes. authorize appropriations for fiscal year for defense activities of the Depart- 2020 for military activities of the De- ment of Energy, to prescribe military AMENDMENT NO. 458 partment of Defense, for military con- personnel strengths for such fiscal At the request of Mr. SCOTT of Flor- struction, and for defense activities of year, and for other purposes. ida, the names of the Senator from the Department of Energy, to prescribe AMENDMENT NO. 424 Florida (Mr. RUBIO) and the Senator military personnel strengths for such At the request of Mr. GARDNER, the from Missouri (Mr. HAWLEY) were fiscal year, and for other purposes. name of the Senator from Massachu- added as cosponsors of amendment No. AMENDMENT NO. 521 setts (Ms. WARREN) was added as a co- 458 intended to be proposed to S. 1790, At the request of Mr. WARNER, the sponsor of amendment No. 424 intended an original bill to authorize appropria- name of the Senator from Alaska (Mr. to be proposed to S. 1790, an original tions for fiscal year 2020 for military SULLIVAN) was added as a cosponsor of bill to authorize appropriations for fis- activities of the Department of De- amendment No. 521 intended to be pro- cal year 2020 for military activities of fense, for military construction, and posed to S. 1790, an original bill to au- the Department of Defense, for mili- for defense activities of the Depart- thorize appropriations for fiscal year tary construction, and for defense ac- ment of Energy, to prescribe military 2020 for military activities of the De- tivities of the Department of Energy, personnel strengths for such fiscal partment of Defense, for military con- to prescribe military personnel year, and for other purposes. struction, and for defense activities of strengths for such fiscal year, and for AMENDMENT NO. 466 the Department of Energy, to prescribe other purposes. At the request of Ms. MCSALLY, the military personnel strengths for such AMENDMENT NO. 431 name of the Senator from Wisconsin fiscal year, and for other purposes. At the request of Ms. MURKOWSKI, the (Mr. JOHNSON) was added as a cosponsor AMENDMENT NO. 556 name of the Senator from Massachu- of amendment No. 466 intended to be At the request of Mr. RUBIO, the setts (Ms. WARREN) was added as a co- proposed to S. 1790, an original bill to names of the Senator from Texas (Mr. sponsor of amendment No. 431 intended authorize appropriations for fiscal year CORNYN), the Senator from Virginia to be proposed to S. 1790, an original 2020 for military activities of the De- (Mr. WARNER) and the Senator from bill to authorize appropriations for fis- partment of Defense, for military con- California (Mrs. FEINSTEIN) were added cal year 2020 for military activities of struction, and for defense activities of as cosponsors of amendment No. 556 in- the Department of Defense, for mili- the Department of Energy, to prescribe tended to be proposed to S. 1790, an tary construction, and for defense ac- military personnel strengths for such original bill to authorize appropria- tivities of the Department of Energy, fiscal year, and for other purposes. tions for fiscal year 2020 for military

VerDate Sep 11 2014 02:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.032 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3657 activities of the Department of De- land (Mr. VAN HOLLEN), the Senator AMENDMENT NO. 592 fense, for military construction, and from Massachusetts (Ms. WARREN), the At the request of Mr. CORNYN, the for defense activities of the Depart- Senator from Ohio (Mr. BROWN), the names of the Senator from Texas (Mr. ment of Energy, to prescribe military Senator from Hawaii (Mr. SCHATZ), the CRUZ), the Senator from Alaska (Mr. personnel strengths for such fiscal Senator from Illinois (Ms. DUCKWORTH), SULLIVAN) and the Senator from Lou- year, and for other purposes. the Senator from Vermont (Mr. SAND- isiana (Mr. CASSIDY) were added as co- AMENDMENT NO. 559 ERS) and the Senator from Massachu- sponsors of amendment No. 592 in- At the request of Mr. RUBIO, the setts (Mr. MARKEY) were added as co- tended to be proposed to S. 1790, an names of the Senator from Arkansas sponsors of amendment No. 576 in- original bill to authorize appropria- (Mr. COTTON) and the Senator from tended to be proposed to S. 1790, an tions for fiscal year 2020 for military West Virginia (Mr. MANCHIN) were original bill to authorize appropria- activities of the Department of De- added as cosponsors of amendment No. tions for fiscal year 2020 for military fense, for military construction, and 559 intended to be proposed to S. 1790, activities of the Department of De- for defense activities of the Depart- an original bill to authorize appropria- fense, for military construction, and ment of Energy, to prescribe military tions for fiscal year 2020 for military for defense activities of the Depart- personnel strengths for such fiscal activities of the Department of De- ment of Energy, to prescribe military year, and for other purposes. fense, for military construction, and personnel strengths for such fiscal AMENDMENT NO. 593 for defense activities of the Depart- year, and for other purposes. At the request of Mr. CORNYN, the names of the Senator from Texas (Mr. ment of Energy, to prescribe military AMENDMENT NO. 584 CRUZ), the Senator from Alaska (Mr. personnel strengths for such fiscal At the request of Mr. JOHNSON, the year, and for other purposes. SULLIVAN) and the Senator from Lou- names of the Senator from Idaho (Mr. isiana (Mr. CASSIDY) were added as co- AMENDMENT NO. 562 CRAPO) and the Senator from North Da- sponsors of amendment No. 593 in- At the request of Mr. CRUZ, the kota (Mr. HOEVEN) were added as co- tended to be proposed to S. 1790, an names of the Senator from Illinois (Ms. sponsors of amendment No. 584 in- original bill to authorize appropria- DUCKWORTH), the Senator from Indiana tended to be proposed to S. 1790, an tions for fiscal year 2020 for military (Mr. YOUNG) and the Senator from Kan- original bill to authorize appropria- activities of the Department of De- sas (Mr. MORAN) were added as cospon- tions for fiscal year 2020 for military fense, for military construction, and sors of amendment No. 562 intended to activities of the Department of De- for defense activities of the Depart- be proposed to S. 1790, an original bill fense, for military construction, and ment of Energy, to prescribe military to authorize appropriations for fiscal for defense activities of the Depart- personnel strengths for such fiscal year 2020 for military activities of the ment of Energy, to prescribe military year, and for other purposes. Department of Defense, for military personnel strengths for such fiscal AMENDMENT NO. 599 construction, and for defense activities year, and for other purposes. At the request of Mr. LEE, the name of the Department of Energy, to pre- AMENDMENT NO. 588 of the Senator from Massachusetts scribe military personnel strengths for At the request of Mr. MARKEY, the (Ms. WARREN) was added as a cosponsor such fiscal year, and for other pur- of amendment No. 599 intended to be poses. names of the Senator from Massachu- setts (Ms. WARREN), the Senator from proposed to S. 1790, an original bill to AMENDMENT NO. 563 Oregon (Mr. MERKLEY) and the Senator authorize appropriations for fiscal year At the request of Mr. CRUZ, the from Washington (Ms. CANTWELL) were 2020 for military activities of the De- names of the Senator from Illinois (Ms. added as cosponsors of amendment No. partment of Defense, for military con- DUCKWORTH), the Senator from Kansas 588 intended to be proposed to S. 1790, struction, and for defense activities of (Mr. MORAN) and the Senator from In- an original bill to authorize appropria- the Department of Energy, to prescribe diana (Mr. YOUNG) were added as co- tions for fiscal year 2020 for military military personnel strengths for such sponsors of amendment No. 563 in- activities of the Department of De- fiscal year, and for other purposes. tended to be proposed to S. 1790, an fense, for military construction, and AMENDMENT NO. 605 original bill to authorize appropria- for defense activities of the Depart- At the request of Mr. INHOFE, the tions for fiscal year 2020 for military ment of Energy, to prescribe military name of the Senator from Rhode Island activities of the Department of De- personnel strengths for such fiscal (Mr. REED) was added as a cosponsor of fense, for military construction, and year, and for other purposes. amendment No. 605 intended to be pro- for defense activities of the Depart- posed to S. 1790, an original bill to au- AMENDMENT NO. 590 ment of Energy, to prescribe military thorize appropriations for fiscal year personnel strengths for such fiscal At the request of Mr. MARKEY, the 2020 for military activities of the De- year, and for other purposes. name of the Senator from Montana partment of Defense, for military con- AMENDMENT NO. 574 (Mr. TESTER) was added as a cosponsor struction, and for defense activities of At the request of Ms. STABENOW, the of amendment No. 590 intended to be the Department of Energy, to prescribe name of the Senator from Massachu- proposed to S. 1790, an original bill to military personnel strengths for such setts (Ms. WARREN) was added as a co- authorize appropriations for fiscal year fiscal year, and for other purposes. sponsor of amendment No. 574 intended 2020 for military activities of the De- AMENDMENT NO. 606 to be proposed to S. 1790, an original partment of Defense, for military con- At the request of Mr. GRAHAM, the bill to authorize appropriations for fis- struction, and for defense activities of name of the Senator from Alaska (Mr. cal year 2020 for military activities of the Department of Energy, to prescribe SULLIVAN) was added as a cosponsor of the Department of Defense, for mili- military personnel strengths for such amendment No. 606 intended to be pro- tary construction, and for defense ac- fiscal year, and for other purposes. posed to S. 1790, an original bill to au- tivities of the Department of Energy, AMENDMENT NO. 591 thorize appropriations for fiscal year to prescribe military personnel At the request of Mr. CORNYN, the 2020 for military activities of the De- strengths for such fiscal year, and for name of the Senator from Massachu- partment of Defense, for military con- other purposes. setts (Ms. WARREN) was added as a co- struction, and for defense activities of AMENDMENT NO. 576 sponsor of amendment No. 591 intended the Department of Energy, to prescribe At the request of Mr. UDALL, the to be proposed to S. 1790, an original military personnel strengths for such names of the Senator from Hawaii (Ms. bill to authorize appropriations for fis- fiscal year, and for other purposes. HIRONO), the Senator from New York cal year 2020 for military activities of AMENDMENT NO. 622 (Mrs. GILLIBRAND), the Senator from the Department of Defense, for mili- At the request of Mr. COONS, the Delaware (Mr. CARPER), the Senator tary construction, and for defense ac- name of the Senator from Alaska (Mr. from Connecticut (Mr. BLUMENTHAL), tivities of the Department of Energy, SULLIVAN) was added as a cosponsor of the Senator from New Mexico (Mr. to prescribe military personnel amendment No. 622 intended to be pro- HEINRICH), the Senator from Wisconsin strengths for such fiscal year, and for posed to S. 1790, an original bill to au- (Ms. BALDWIN), the Senator from Mary- other purposes. thorize appropriations for fiscal year

VerDate Sep 11 2014 02:55 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.034 S18JNPT1 S3658 CONGRESSIONAL RECORD — SENATE June 18, 2019 2020 for military activities of the De- At the same time, it is evident that to the bill S. 1790, supra; which was ordered partment of Defense, for military con- simply fining and penalizing financial to lie on the table. struction, and for defense activities of institutions at the corporate level is SA 642. Mrs. MURRAY submitted an amendment intended to be proposed by her the Department of Energy, to prescribe not enough to deter bad actors. Senior to the bill S. 1790, supra; which was ordered military personnel strengths for such executives, many of whom are all too to lie on the table. fiscal year, and for other purposes. eager to take credit for a company’s SA 643. Mr. VAN HOLLEN (for himself, Mr. AMENDMENT NO. 626 good news, must also take more re- TOOMEY, Mr. BROWN, Mr. PORTMAN, Mr. MAR- At the request of Mr. MORAN, the sponsibility for the bad news, espe- KEY, Mr. GARDNER, and Mr. CRUZ) submitted name of the Senator from Missouri cially if it is true that the buck stops an amendment intended to be proposed by him to the bill S. 1790, supra; which was or- (Mr. BLUNT) was added as a cosponsor with them. For example, the Financial dered to lie on the table. of amendment No. 626 intended to be Crisis Inquiry Commission concluded SA 644. Mrs. FEINSTEIN (for herself and proposed to S. 1790, an original bill to ‘‘the financial crisis reached cata- Ms. HARRIS) submitted an amendment in- authorize appropriations for fiscal year clysmic proportions with the collapse tended to be proposed by her to the bill S. 2020 for military activities of the De- of Lehman Brothers,’’ and yet, accord- 1790, supra; which was ordered to lie on the partment of Defense, for military con- ing to the Congressional Research table. struction, and for defense activities of Service. not a single senior executive SA 645. Mr. BLUMENTHAL (for himself, Mrs. MURRAY, Mr. MARKEY, Mr. HEINRICH, the Department of Energy, to prescribe officer at Lehman Brothers at the Fed- eral level was charged, went to jail, or Mr. LEAHY, Mr. WHITEHOUSE, and Mr. BOOK- military personnel strengths for such ER) submitted an amendment intended to be fiscal year, and for other purposes. personally paid a Federal fine or pen- proposed by him to the bill S. 1790, supra; alty for the damage caused at Lehman f which was ordered to lie on the table. Brothers that rippled through our SA 646. Mrs. SHAHEEN (for herself, Mr. STATEMENTS ON INTRODUCED economy in 2008. ROUNDS, Mr. CASEY, and Ms. HARRIS) sub- BILLS AND JOINT RESOLUTIONS According to Professor Peter J. mitted an amendment intended to be pro- By Mr. REED: Henning, who also writes the White posed by her to the bill S. 1790, supra; which S. 1885. A bill to ensure that irrespon- Collar Watch column in the New York was ordered to lie on the table. Times. ‘‘a problem in holding individ- SA 647. Mr. HEINRICH (for himself and Mr. sible corporate executives, rather than UDALL) submitted an amendment intended shareholders, pay fines and penalties; uals accountable for misconduct in an to be proposed by him to the bill S. 1790, to the Committee on Banking, Hous- organization is the disconnect between supra; which was ordered to lie on the table. ing, and Urban Affairs. the actual decisions and those charged SA 648. Mr. PORTMAN (for himself and Mr. Mr. REED. Mr. President, today, I with overseeing the company, so that DURBIN) submitted an amendment intended am reintroducing the Corporate Man- executives and corporate boards usu- to be proposed by him to the bill S. 1790, agement Accountability Act, which ally plead ignorance about an issue supra; which was ordered to lie on the table. SA 649. Mr. WICKER (for himself and Ms. asks each publicly traded company to until it is too late.’’ The Corporate Management Account- CANTWELL) submitted an amendment in- disclose its policies on whether senior tended to be proposed by him to the bill S. executives or shareholders bear the ability Act I am reintroducing today is 1790, supra; which was ordered to lie on the costs of paying the company’s fines and one attempt at helping to solve this table. penalties. problem. The bill simply asks publicly SA 650. Ms. MURKOWSKI submitted an In 2014, William Dudley. then the traded companies to disclose whether amendment intended to be proposed by her President of the Federal Reserve Bank they expect senior executives or share- to the bill S. 1790, supra; which was ordered of New York, gave a speech on Enhanc- holders to pay the cost of corporate to lie on the table. fines or penalties. This approach is sup- SA 651. Ms. MURKOWSKI submitted an ing Financial Stability by Improving amendment intended to be proposed by her Culture in the Financial Services In- ported by University of Minnesota Law to the bill S. 1790, supra; which was ordered dustry. In this speech, President Dud- School Professors Claire Hill and Rich- to lie on the table. ley said, ‘‘in recent years, there have ard Painter, who also served as Presi- SA 652. Mr. BARRASSO (for himself, Mr. been ongoing occurrences of serious dent George W. Bush’s chief ethics law- WHITEHOUSE, Mrs. CAPITO, Mr. CARPER, Mr. professional misbehavior, ethical yer, as well as Americans for Financial CRAMER, Ms. SMITH, Mr. ROUNDS, Mr. COONS, Mr. HOEVEN, and Mr. MANCHIN) submitted an lapses and compliance failures at fi- Reform. I urge all my colleagues to join this amendment intended to be proposed by him nancial institutions. This has resulted to the bill S. 1790, supra; which was ordered in a long list of large fines and pen- legislative effort to hold senior executives accountable for their actions. to lie on the table. alties, and, to a lesser degree than I SA 653. Mr. CRAPO (for himself, Mr. WAR- would have desired employee dismis- f NER, Mr. DAINES, and Mrs. FEINSTEIN) sub- sals and punishment. . . . The pattern AMENDMENTS SUBMITTED AND mitted an amendment intended to be proof bad behavior did not end with the fi- posed by him to the bill S. 1790, supra; which PROPOSED was ordered to lie on the table. nancial crisis, but continued despite SA 636. Mr. MARKEY submitted an amend- SA 654. Mr. CORNYN (for himself and Ms. the considerable public sector interment intended to be proposed by him to the ROSEN) submitted an amendment intended to vention that was necessary to stabilize bill S. 1790, to authorize appropriations for be proposed by him to the bill S. 1790, supra; the financial system. As a consequence. fiscal year 2020 for military activities of the which was ordered to lie on the table. the financial industry has largely lost Department of Defense, for military con- SA 655. Mr. ROMNEY submitted an amend- the public trust.’’ struction, and for defense activities of the ment intended to be proposed by him to the Since 2009, banks globally have paid Department of Energy, to prescribe military bill S. 1790, supra; which was ordered to lie personnel strengths for such fiscal year, and on the table. $372 billion in penalties, according to SA 656. Mr. ROMNEY submitted an amend- the Boston Consulting Group. However, for other purposes; which was ordered to lie on the table. ment intended to be proposed by him to the despite these fines, financial institu- SA 637. Mr. MARKEY submitted an amend- bill S. 1790, supra; which was ordered to lie tions continue to engage in unaccept- ment intended to be proposed by him to the on the table. able behavior, whether it is Wells bill S. 1790, supra; which was ordered to lie SA 657. Mr. ROMNEY submitted an amend- Fargo betraying the trust of its cus- on the table. ment intended to be proposed by him to the tomers by opening unauthorized ac- SA 638. Ms. CANTWELL submitted an bill S. 1790, supra; which was ordered to lie on the table. counts or it is Equifax endangering amendment intended to be proposed by her to the bill S. 1790, supra; which was ordered SA 658. Mr. COTTON (for himself, Mr. millions of consumers by compro- to lie on the table. SCHUMER, Mr. CRAPO, Mr. BROWN, Mr. RUBIO, mising critical personal information. SA 639. Ms. BALDWIN submitted an Mr. MENENDEZ, Mrs. SHAHEEN, Mr. TOOMEY, Indeed, in my home State of Rhode Is- amendment intended to be proposed by her Mr. CORNYN, Mrs. CAPITO, Mr. PETERS, Mr. land, almost half the State may have to the bill S. 1790, supra; which was ordered MARKEY, Mrs. FEINSTEIN, and Mrs. BLACK- been impacted by the cybersecurity to lie on the table. BURN) submitted an amendment intended to breach at Equifax. These and other SA 640. Ms. BALDWIN submitted an be proposed by him to the bill S. 1790, supra; breaches and lapses illustrate how far amendment intended to be proposed by her which was ordered to lie on the table. to the bill S. 1790, supra; which was ordered SA 659. Mr. RUBIO submitted an amend- financial institutions have to go in re- to lie on the table. ment intended to be proposed by him to the building the trust of Rhode Islanders SA 641. Mrs. MURRAY submitted an bill S. 1790, supra; which was ordered to lie and the American people. amendment intended to be proposed by her on the table.

VerDate Sep 11 2014 05:15 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.036 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3659 SA 660. Mr. RUBIO submitted an amend- bill S. 1790, supra; which was ordered to lie bill S. 1790, supra; which was ordered to lie ment intended to be proposed by him to the on the table. on the table. bill S. 1790, supra; which was ordered to lie SA 682. Mr. HAWLEY submitted an amend- SA 701. Mr. MANCHIN submitted an on the table. ment intended to be proposed by him to the amendment intended to be proposed by him SA 661. Mr. RUBIO submitted an amend- bill S. 1790, supra; which was ordered to lie to the bill S. 1790, supra; which was ordered ment intended to be proposed by him to the on the table. to lie on the table. bill S. 1790, supra; which was ordered to lie SA 683. Mr. HAWLEY submitted an amend- SA 702. Mr. GRAHAM (for himself and Mr. on the table. ment intended to be proposed by him to the HEINRICH) submitted an amendment intended SA 662. Mr. ROMNEY submitted an amend- bill S. 1790, supra; which was ordered to lie to be proposed by him to the bill S. 1790, ment intended to be proposed by him to the on the table. supra; which was ordered to lie on the table. bill S. 1790, supra; which was ordered to lie SA 684. Ms. COLLINS (for herself and Ms. SA 703. Mrs. CAPITO (for herself, Mr. CAR- on the table. CANTWELL) submitted an amendment in- PER, Mr. BARRASSO, Mr. SULLIVAN, Mrs. SHA- SA 663. Mr. ENZI submitted an amendment tended to be proposed by her to the bill S. HEEN, Mr. GARDNER, Mrs. GILLIBRAND, and intended to be proposed by him to the bill S. 1790, supra; which was ordered to lie on the Mr. TOOMEY) submitted an amendment in- 1790, supra; which was ordered to lie on the table. tended to be proposed by her to the bill S. table. SA 685. Mr. DURBIN submitted an amend- 1790, supra; which was ordered to lie on the SA 664. Mr. RUBIO submitted an amendment intended to be proposed by him to the table. ment intended to be proposed by him to the bill S. 1790, supra; which was ordered to lie SA 704. Mr. PAUL (for himself and Mr. bill S. 1790, supra; which was ordered to lie on the table. WYDEN) submitted an amendment intended on the table. SA 686. Mr. PETERS submitted an amend- to be proposed by him to the bill S. 1790, SA 665. Mr. RUBIO submitted an amendment intended to be proposed by him to the supra; which was ordered to lie on the table. ment intended to be proposed by him to the bill S. 1790, supra; which was ordered to lie SA 705. Mr. PAUL submitted an amend- bill S. 1790, supra; which was ordered to lie on the table. ment intended to be proposed by him to the on the table. SA 687. Mr. MENENDEZ submitted an bill S. 1790, supra; which was ordered to lie SA 666. Mr. CRUZ submitted an amend- amendment intended to be proposed by him on the table. ment intended to be proposed by him to the to the bill S. 1790, supra; which was ordered SA 706. Mr. ROMNEY (for himself, Ms. bill S. 1790, supra; which was ordered to lie to lie on the table. MCSALLY, and Ms. SINEMA) submitted an on the table. SA 688. Mr. LEE (for himself, Mr. CRAPO, amendment intended to be proposed by him SA 667. Mr. PORTMAN submitted an and Mr. RISCH) submitted an amendment in- to the bill S. 1790, supra; which was ordered amendment intended to be proposed by him tended to be proposed by him to the bill S. to lie on the table. to the bill S. 1790, supra; which was ordered 1790, supra; which was ordered to lie on the SA 707. Mrs. HYDE–SMITH (for herself, Ms. to lie on the table. table. CANTWELL, and Mr. DAINES) submitted an SA 668. Mr. MARKEY submitted an amend- SA 689. Mr. LEE (for himself and Mr. ROM- amendment intended to be proposed by her ment intended to be proposed by him to the NEY) submitted an amendment intended to to the bill S. 1790, supra; which was ordered bill S. 1790, supra; which was ordered to lie be proposed by him to the bill S. 1790, supra; to lie on the table. on the table. which was ordered to lie on the table. SA 708. Mr. LEE (for himself and Mr. ROM- SA 669. Mr. MARKEY submitted an amend- SA 690. Ms. ERNST (for herself, Mr. PAUL, NEY) submitted an amendment intended to ment intended to be proposed by him to the Mr. CRAMER, and Mr. BRAUN) submitted an be proposed by him to the bill S. 1790, supra; bill S. 1790, supra; which was ordered to lie amendment intended to be proposed by her which was ordered to lie on the table. SA 709. Mr. PORTMAN submitted an on the table. to the bill S. 1790, supra; which was ordered SA 670. Mr. WARNER submitted an amend- to lie on the table. amendment intended to be proposed by him ment intended to be proposed by him to the SA 691. Mr. INHOFE (for himself and Mr. to the bill S. 1790, supra; which was ordered to lie on the table. bill S. 1790, supra; which was ordered to lie REED) submitted an amendment intended to SA 710. Mr. YOUNG submitted an amend- on the table. be proposed by him to the bill S. 1790, supra; ment intended to be proposed by him to the SA 671. Mr. MARKEY submitted an amend- which was ordered to lie on the table. bill S. 1790, supra; which was ordered to lie ment intended to be proposed by him to the SA 692. Mr. TILLIS submitted an amend- on the table. bill S. 1790, supra; which was ordered to lie ment intended to be proposed by him to the SA 711. Mr. INHOFE submitted an amend- on the table. bill S. 1790, supra; which was ordered to lie ment intended to be proposed by him to the SA 672. Mr. CARPER (for himself and Mr. on the table. bill S. 1790, supra; which was ordered to lie KAINE) submitted an amendment intended to SA 693. Mr. ROMNEY (for himself and Mr. on the table. CORNYN) submitted an amendment intended be proposed by him to the bill S. 1790, supra; SA 712. Mr. SANDERS (for himself and which was ordered to lie on the table. to be proposed by him to the bill S. 1790, Mrs. CAPITO) submitted an amendment in- SA 673. Mr. BENNET (for himself and Ms. supra; which was ordered to lie on the table. tended to be proposed by him to the bill S. ARREN) submitted an amendment intended SA 694. Mrs. CAPITO (for herself, Mr. CAR- W 1790, supra; which was ordered to lie on the to be proposed by him to the bill S. 1790, PER, Mr. BARRASSO, Mr. SULLIVAN, Mrs. SHA- table. supra; which was ordered to lie on the table. HEEN, Mr. GARDNER, Mrs. GILLIBRAND, Mr. SA 713. Mr. CARDIN (for himself, Mr. SA 674. Mr. BENNET submitted an amend- BLUMENTHAL, Mr. TOOMEY, and Mr. JONES) MENENDEZ, Mr. VAN HOLLEN, and Mrs. GILLI- ment intended to be proposed by him to the submitted an amendment intended to be pro- BRAND) submitted an amendment intended to bill S. 1790, supra; which was ordered to lie posed by her to the bill S. 1790, supra; which be proposed by him to the bill S. 1790, supra; on the table. was ordered to lie on the table. which was ordered to lie on the table. SA 675. Mr. BENNET (for himself and Mr. SA 695. Ms. WARREN (for herself and Mr. SA 714. Mr. BURR (for himself and Mr. GARDNER) submitted an amendment intended BROWN) submitted an amendment intended WARNER) submitted an amendment intended to be proposed by him to the bill S. 1790, to be proposed by her to the bill S. 1790, to be proposed by him to the bill S. 1790, supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. SA 676. Mr. SCHUMER (for himself, Mr. SA 696. Ms. WARREN submitted an amend- SA 715. Mr. HAWLEY submitted an amend- COTTON, Mrs. GILLIBRAND, Mr. VAN HOLLEN, ment intended to be proposed by her to the ment intended to be proposed by him to the and Mr. CARDIN) submitted an amendment bill S. 1790, supra; which was ordered to lie bill S. 1790, supra; which was ordered to lie intended to be proposed by him to the bill S. on the table. on the table. 1790, supra; which was ordered to lie on the SA 697. Ms. WARREN (for herself, Mr. SA 716. Mr. HAWLEY submitted an amend- table. MARKEY, Ms. CANTWELL, Mrs. GILLIBRAND, ment intended to be proposed by him to the SA 677. Ms. DUCKWORTH submitted an Mr. VAN HOLLEN, and Mr. MERKLEY) sub- bill S. 1790, supra; which was ordered to lie amendment intended to be proposed by her mitted an amendment intended to be pro- on the table. to the bill S. 1790, supra; which was ordered posed by her to the bill S. 1790, supra; which SA 717. Mr. THUNE submitted an amend- to lie on the table. was ordered to lie on the table. ment intended to be proposed by him to the SA 678. Ms. DUCKWORTH submitted an SA 698. Mr. BROWN (for himself, Mrs. bill S. 1790, supra; which was ordered to lie amendment intended to be proposed by her MURRAY, Mr. CASEY, Mr. MANCHIN, Ms. BALD- on the table. to the bill S. 1790, supra; which was ordered WIN, Mrs. GILLIBRAND, Mr. TESTER, Mr. MUR- SA 718. Mr. THUNE submitted an amend- to lie on the table. PHY, and Mr. SANDERS) submitted an amendment intended to be proposed by him to the SA 679. Mr. UDALL submitted an amendment intended to be proposed by him to the bill S. 1790, supra; which was ordered to lie ment intended to be proposed by him to the bill S. 1790, supra; which was ordered to lie on the table. bill S. 1790, supra; which was ordered to lie on the table. SA 719. Mr. HAWLEY submitted an amend- on the table. SA 699. Mr. BROWN (for himself and Mr. ment intended to be proposed by him to the SA 680. Mr. HAWLEY submitted an amend- SCOTT of South Carolina) submitted an bill S. 1790, supra; which was ordered to lie ment intended to be proposed by him to the amendment intended to be proposed by him on the table. bill S. 1790, supra; which was ordered to lie to the bill S. 1790, supra; which was ordered SA 720. Mr. PAUL (for himself and Mr. on the table. to lie on the table. UDALL) submitted an amendment intended SA 681. Mr. HAWLEY submitted an amend- SA 700. Mr. WYDEN submitted an amend- to be proposed by him to the bill S. 1790, ment intended to be proposed by him to the ment intended to be proposed by him to the supra; which was ordered to lie on the table.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.039 S18JNPT1 S3660 CONGRESSIONAL RECORD — SENATE June 18, 2019 SA 721. Mr. INHOFE (for himself and Mr. to be proposed by him to the bill S. 1790, able as specified in the funding table in sec- REED) submitted an amendment intended to supra; which was ordered to lie on the table. tion 4701 for defense nuclear nonproliferation be proposed by him to the bill S. 1790, supra; SA 743. Mr. BOOKER submitted an amend- is hereby increased by $10,000,000, with the which was ordered to lie on the table. ment intended to be proposed by him to the amount of the increase to be available to de- SA 722. Mr. WARNER submitted an amend- bill S. 1790, supra; which was ordered to lie velop and prepare to implement a comment intended to be proposed by him to the on the table. prehensive, long-term monitoring and bill S. 1790, supra; which was ordered to lie SA 744. Mr. WICKER (for himself and Ms. verification program for activities related to on the table. CANTWELL) submitted an amendment in- the phased denuclearization of the Demo- SA 723. Ms. STABENOW (for herself and tended to be proposed by him to the bill S. cratic People’s Republic of North Korea, in Ms. COLLINS) submitted an amendment in- 1790, supra; which was ordered to lie on the coordination with relevant international tended to be proposed by her to the bill S. table. partners and organizations. 1790, supra; which was ordered to lie on the SA 745. Mrs. CAPITO (for herself, Mr. CAR- (b) OFFSET.—The amount authorized to be table. PER, Mr. BARRASSO, Mr. GARDNER, Mrs. appropriated by section 3101 and available as SA 724. Mr. UDALL (for himself and Mr. GILLIBRAND, Mrs. SHAHEEN, Mr. SULLIVAN, specified in the funding table in section 4701 CRAPO) submitted an amendment intended to and Mr. TOOMEY) submitted an amendment for weapons activities for the W76–2 warhead be proposed by him to the bill S. 1790, supra; intended to be proposed by her to the bill S. modification program is hereby reduced by which was ordered to lie on the table. 1790, supra; which was ordered to lie on the $10,000,000. SA 725. Ms. DUCKWORTH submitted an table. amendment intended to be proposed by her SA 746. Mr. BURR (for himself and Mr. SA 637. Mr. MARKEY submitted an to the bill S. 1790, supra; which was ordered WARNER) submitted an amendment intended amendment intended to be proposed by to lie on the table. to be proposed by him to the bill S. 1790, him to the bill S. 1790, to authorize ap- SA 726. Ms. WARREN (for herself and Mr. supra; which was ordered to lie on the table. SA 747. Mr. VAN HOLLEN submitted an propriations for fiscal year 2020 for LEAHY) submitted an amendment intended to military activities of the Department be proposed by her to the bill S. 1790, supra; amendment intended to be proposed by him which was ordered to lie on the table. to the bill S. 1790, supra; which was ordered of Defense, for military construction, SA 727. Mr. PETERS submitted an amend- to lie on the table. and for defense activities of the De- ment intended to be proposed by him to the SA 748. Mrs. FEINSTEIN (for herself and partment of Energy, to prescribe mili- bill S. 1790, supra; which was ordered to lie Mr. ENZI) submitted an amendment intended tary personnel strengths for such fiscal on the table. to be proposed by her to the bill S. 1790, year, and for other purposes; which was supra; which was ordered to lie on the table. SA 728. Mr. CARDIN submitted an amend- ordered to lie on the table; as follows: ment intended to be proposed by him to the SA 749. Mr. CRUZ submitted an amend- At the end of subtitle E of title X, add the bill S. 1790, supra; which was ordered to lie ment intended to be proposed by him to the following: on the table. bill S. 1790, supra; which was ordered to lie SA 729. Mrs. FEINSTEIN submitted an on the table. SEC. 1045. PROHIBITION ON CONDUCT OF FIRST- amendment intended to be proposed by her SA 750. Mr. McCONNELL (for Mr. BOOKER USE NUCLEAR STRIKES. (a) POLICY.—It is the policy of the United to the bill S. 1790, supra; which was ordered (for himself and Mrs. BLACKBURN)) proposed States not to use nuclear weapons first. to lie on the table. an amendment to the resolution S. Res. 235, (b) PROHIBITION.—Notwithstanding any SA 730. Ms. DUCKWORTH submitted an designating June 12, 2019, as ‘‘Women Vet- other provision of law, the President may amendment intended to be proposed by her erans Appreciation Day’’. SA 751. Mr. PETERS submitted an amend- not use the Armed Forces of the United to the bill S. 1790, supra; which was ordered ment intended to be proposed by him to the States to conduct a first-use nuclear strike to lie on the table. SA 731. Mr. WYDEN submitted an amend- bill S. 1790, to authorize appropriations for unless such strike is conducted pursuant to a ment intended to be proposed by him to the fiscal year 2020 for military activities of the declaration of war by Congress that ex- bill S. 1790, supra; which was ordered to lie Department of Defense, for military con- pressly authorizes such strike. (c) FIRST-USE NUCLEAR STRIKE DEFINED.— on the table. struction, and for defense activities of the In subsection (b), the term ‘‘first-use nuclear SA 732. Mr. WARNER submitted an amend- Department of Energy, to prescribe military strike’’ means an attack using nuclear weap- ment intended to be proposed by him to the personnel strengths for such fiscal year, and ons against an enemy that is conducted bill S. 1790, supra; which was ordered to lie for other purposes; which was ordered to lie without the President determining that the on the table. on the table. SA 733. Mr. DAINES (for himself and Mr. SA 752. Mr. BURR submitted an amend- enemy has first launched a nuclear strike ment intended to be proposed by him to the against the United States or an ally of the TESTER) submitted an amendment intended to be proposed by him to the bill S. 1790, bill S. 1790, supra; which was ordered to lie United States. supra; which was ordered to lie on the table. on the table. SA 753. Mr. PERDUE submitted an amend- SA 734. Mr. PAUL submitted an amend- SA 638. Ms. CANTWELL submitted ment intended to be proposed by him to the ment intended to be proposed by him to the an amendment intended to be proposed bill S. 1790, supra; which was ordered to lie bill S. 1790, supra; which was ordered to lie by her to the bill S. 1790, to authorize on the table. on the table. appropriations for fiscal year 2020 for SA 754. Mr. WICKER submitted an amend- SA 735. Mr. CORNYN submitted an amendment intended to be proposed by him to the military activities of the Department ment intended to be proposed by him to the bill S. 1790, supra; which was ordered to lie of Defense, for military construction, bill S. 1790, supra; which was ordered to lie on the table. and for defense activities of the De- on the table. SA 755. Mr. WICKER submitted an amend- partment of Energy, to prescribe mili- SA 736. Mr. BURR (for himself and Mr. VAN ment intended to be proposed by him to the HOLLEN) submitted an amendment intended tary personnel strengths for such fiscal bill S. 1790, supra; which was ordered to lie year, and for other purposes; which was to be proposed by him to the bill S. 1790, on the table. supra; which was ordered to lie on the table. ordered to lie on the table; as follows: SA 737. Mr. BURR submitted an amend- f At the end of subtitle E of title III, add the ment intended to be proposed by him to the TEXT OF AMENDMENTS following: bill S. 1790, supra; which was ordered to lie SEC. 360. MONITORING OF NOISE FROM FLIGHTS on the table. SA 636. Mr. MARKEY submitted an AND TRAINING OF EA-18G GROWL- SA 738. Mr. REED (for himself, Ms. SMITH, amendment intended to be proposed by ERS ASSOCIATED WITH NAVAL AIR Ms. KLOBUCHAR, and Mr. WHITEHOUSE) sub- him to the bill S. 1790, to authorize ap- STATION WHIDBEY ISLAND. mitted an amendment intended to be pro- propriations for fiscal year 2020 for (a) MONITORING.— posed by him to the bill S. 1790, supra; which military activities of the Department (1) IN GENERAL.—The Secretary of Defense was ordered to lie on the table. of Defense, for military construction, shall provide for real-time monitoring of SA 739. Mr. RUBIO submitted an amend- noise from local flights of EA-18G Growlers ment intended to be proposed by him to the and for defense activities of the De- associated with Naval Air Station Whidbey bill S. 1790, supra; which was ordered to lie partment of Energy, to prescribe mili- Island, including field carrier landing prac- on the table. tary personnel strengths for such fiscal tice at Naval Outlying Field (OLF) SA 740. Mr. INHOFE (for himself and Mr. year, and for other purposes; which was Coupeville and Ault Field. REED) submitted an amendment intended to ordered to lie on the table; as follows: (2) PUBLIC AVAILABILITY.—The Secretary be proposed by him to the bill S. 1790, supra; At the end of subtitle A of title XXXI, add shall publish the results of monitoring con- which was ordered to lie on the table. the following: ducted under paragraph (1) on a publicly SA 741. Mr. INHOFE submitted an amend- SEC. 3105. AVAILABILITY OF AMOUNTS FOR available Internet website of the Department ment intended to be proposed by him to the DENUCLEARIZATION OF DEMO- of Defense. bill S. 1790, supra; which was ordered to lie CRATIC PEOPLE’S REPUBLIC OF (3) REPORT.—Not later than 180 days after on the table. NORTH KOREA. the date of the enactment of this Act, the SA 742. Mr. MARKEY (for himself and Mr. (a) IN GENERAL.—The amount authorized Secretary shall submit to the Committees on TESTER) submitted an amendment intended to be appropriated by section 3101 and avail- Armed Services of the Senate and the House

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Ms. BALDWIN submitted an (b) INCREASED MAXIMUM AMOUNTS APPLICA- of monitoring conducted under paragraph (1) amendment intended to be proposed by BLE TO MINOR CONSTRUCTION PROJECTS FOR and the results of such monitoring. her to the bill S. 1790, to authorize ap- CHILD DEVELOPMENT CENTERS.— (b) PLAN FOR ADDITIONAL MONITORING.— propriations for fiscal year 2020 for (1) IN GENERAL.—For the purpose of any (1) IN GENERAL.—Not later than 180 days minor military construction project for a after the date of the enactment of this Act, military activities of the Department child development center carried out on or the Secretary of Defense shall submit to the of Defense, for military construction, after the date of the enactment of this Act, Committees on Armed Services of the Senate and for defense activities of the De- the amount specified in section 2805(a)(2) of and the House of Representatives a plan for partment of Energy, to prescribe mili- title 10, United States Code, is deemed to be real-time monitoring described in subsection tary personnel strengths for such fiscal $15,000,000. (a)(1) of noise relating to field carrier land- year, and for other purposes; which was (2) SUNSET.—This subsection shall termi- ing practice conducted above or adjacent to ordered to lie on the table; as follows: nate on the date that is three years after the Olympic National Park, Olympic National date of the enactment of this Act. In section 319, add at the end the following: Forest, and Ebey’s Landing National Histor- (c) SENSE OF THE SENATE.—It is the Sense ical Reserve. (d) USE OF AMOUNTS.—Section 2703 of such of the Senate that the Senate recognizes the title is amended by adding at the end the fol- (2) DEVELOPMENT OF PLAN.—The Secretary need for additional investment in child de- shall work with the Director of the National lowing new subsection: velopment centers and remains committed ‘‘(i) USE OF FUNDS IN NATIONAL GUARD AC- Park Service and the Chief of the Forest to ensuring that future executable require- COUNTS.— Service in developing the plan under para- ments for child development centers are ‘‘(1) IN GENERAL.—Funds authorized for de- graph (1). funded as much as possible beginning in fis- posit in an account under paragraph (6) or (7) (c) FUNDING.— cal year 2020 based on the list of unfunded re- of subsection (a) may be obligated or ex- (1) IN GENERAL.—The amount authorized to quirements included in the report submitted pended only for the environmental remedi- be appropriated by this Act for Navy Oper- under subsection (a). ation and Maintenance is hereby increased ation of perfluoroalkyl substances and by $1,000,000 and the amount of such increase polyfluoroalkyl substances at real property SA 642. Mrs. MURRAY submitted an shall be made available to carry out this sec- owned or leased by the Federal Government that is licensed to and operated by a State amendment intended to be proposed by tion. her to the bill S. 1790, to authorize ap- (2) OFFSET.—The amount authorized to be for training for the Army National Guard or appropriated by this Act for Marine Corps the Air National Guard. propriations for fiscal year 2020 for Operation and Maintenance for SAG 4A4G is ‘‘(2) DEFINITIONS.—In this section: military activities of the Department hereby reduced by $1,000,000. ‘‘(A) The term ‘perfluoroalkyl substances’ of Defense, for military construction, means aliphatic substances for which all of and for defense activities of the De- SA 639. Ms. BALDWIN submitted an the H atoms attached to C atoms in the partment of Energy, to prescribe mili- amendment intended to be proposed by nonfluorinated substance from which they tary personnel strengths for such fiscal her to the bill S. 1790, to authorize ap- are notionally derived have been replaced by F atoms, except those H atoms whose substi- year, and for other purposes; which was propriations for fiscal year 2020 for ordered to lie on the table; as follows: military activities of the Department tution would modify the nature of any functional groups present. Strike section 1616 and insert the fol- of Defense, for military construction, ‘‘(B) The term ‘polyfluoroalkyl substances’ lowing: and for defense activities of the De- means aliphatic substances for which all H SEC. 1616. REQUIREMENTS FOR PHASE 2 OF AC- partment of Energy, to prescribe mili- atoms attached to at least one (but not all) QUISITION STRATEGY FOR NA- tary personnel strengths for such fiscal C atoms have been replaced by F atoms, in TIONAL SECURITY SPACE LAUNCH year, and for other purposes; which was such a manner that they contain the PROGRAM. (a) IN GENERAL.—In carrying out phase 2 of ordered to lie on the table; as follows: perfluoroalkyl moiety CnF2n∂1l (for exam- the acquisition strategy for the National Se- At the end of subtitle C of title II, add the ple, C8F17CH2CH2OH).’’. curity Space Launch program, the Secretary following: SA 641. Mrs. MURRAY submitted an of the Air Force— SEC. lll. COMMERCIAL EDGE COMPUTING (1) may not— TECHNOLOGIES AND BEST PRAC- amendment intended to be proposed by TICES FOR DEPARTMENT OF DE- her to the bill S. 1790, to authorize ap- (A) modify the acquisition schedule or mission performance requirements; or FENSE WARFIGHTING SYSTEMS. propriations for fiscal year 2020 for (a) REPORT REQUIRED.—Not later than 120 (B) award missions to more than two days after the date of the enactment of this military activities of the Department launch service providers; and Act, the Under Secretary of Defense for Ac- of Defense, for military construction, (2) shall ensure that launch services are quisition and Sustainment shall submit to and for defense activities of the De- procured only from launch service providers the congressional defense committees a re- partment of Energy, to prescribe mili- that use launch vehicles meeting each Gov- port on commercial edge computing tech- tary personnel strengths for such fiscal ernment requirement with respect to re- nologies and best practices for Department year, and for other purposes; which was quired payloads to reference orbits. of Defense warfighting systems. ordered to lie on the table; as follows: (b) REPORT AND BRIEFING.— (b) CONTENTS.—The report submitted under (1) IN GENERAL.—Not later than 30 days subsection (a) shall include the following: At the end of subtitle A of title XXVIII, after the date on which the phase 2 award is (1) Identification of initial warfighting sys- add the following: announced, and annually thereafter for the tem programs of record that will benefit SEC. 2806. REPORT ON UNFUNDED REQUIRE- duration of phase 2, the Secretary shall sub- most from accelerated insertion of commer- MENTS FOR MAJOR AND MINOR mit to the congressional defense committees cial edge computing technologies and best MILITARY CONSTRUCTION a report and briefing that includes— PROJECTS FOR CHILD DEVELOP- practices, resulting in significant near-term MENT CENTERS OF THE DEPART- (A) an analysis of the commercial market improvement in system performance and MENT OF DEFENSE AND INCREASE for space launch, including whether commer- mission capability. OF MAXIMUM AMOUNTS FOR SUCH cial launch providers are able to meet the re- (2) The plan of the Department of Defense MINOR PROJECTS. quired reference orbits and all other require- to provide additional funding for the systems (a) REPORT.— ments of the National Security Space identified in paragraph (1) to achieve fielding (1) IN GENERAL.—The Under Secretary of Launch program; of accelerated commercial edge computing Defense for Personnel and Readiness, in co- (B) a description of the total costs of technologies before or during fiscal year 2021. ordination with the Assistant Secretary for launches procured under phase 2, including (3) The plan of the Department to identify, Energy, Installations, and Environment for launch service support; manage, and provide additional funding for each military department, shall submit to (C) a plan to increase competition in the commercial edge computing technologies the congressional defense committees each National Security Space Launch program to more broadly over the next four fiscal years year, at the time the budget of the President more than two launch service providers; and where appropriate for— for the fiscal year beginning in such year is (D) a plan to ensure full and equitable use (A) command, control, communications, submitted to Congress under section 1105(a) of unused launch sites or potential new and intelligence systems; of title 31, United States Code, a report, in launch sites, including an analysis of alter- (B) logistics systems; and priority order, listing unfunded requirements natives for viable access for small or medium (C) other mission-critical systems. for major and minor military construction commercial launch providers. (4) A detailed description of the policies, projects for child development centers of the (2) COMPTROLLER GENERAL REVIEW.—Not procedures, budgets, and accelerated acquisi- Department of Defense. later than 90 days after the date on which tion and contracting mechanisms of the De- (2) INCLUSION OF FORM.—Each report sub- the Secretary submits a report under para- partment for near-term insertion of commer- mitted under paragraph (1) shall include a graph (1) the Comptroller General of the cial edge computing technologies and best Department of Defense Form DD1391 for each United States shall— practices into military mission-critical sys- major and minor military construction (A) review the report; and tems. project included in the report. (B) submit to Congress—

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.045 S18JNPT1 S3662 CONGRESSIONAL RECORD — SENATE June 18, 2019 (i) findings with respect to the accuracy Nations and expel any North Korean dip- against entities in the United States, South and adequacy of the report; and lomats found to be working on behalf of a Korea, and around the world. (ii) recommendations to improve the ad- person subject to sanctions or assisting in (9) In November 2017, President Donald ministration of the National Security Space sanctions evasion; Trump designated the government of North Launch program, including sustained com- (P) limit North Korean diplomatic mis- Korea as a state sponsor of terrorism pursu- petition for launch service procurement. sions abroad with respect to staff size and ant to authorities under the Export Adminis- access to banking privileges and prohibit tration Act of 1979 (50 U.S.C. App. 2401 et SA 643. Mr. VAN HOLLEN (for him- commerce from being conducted out of North seq.), as continued in effect at the time self, Mr. TOOMEY, Mr. BROWN, Mr. Korean consular or diplomatic offices; under the International Emergency Eco- PORTMAN, Mr. MARKEY, Mr. GARDNER, (Q) require member states of the United nomic Powers Act (50 U.S.C. 1701 et seq.)), and Mr. CRUZ) submitted an amend- Nations to close representative offices, sub- the Foreign Assistance Act of 1961 (22 U.S.C. ment intended to be proposed by him sidiaries, and bank accounts in North Korea; 2151 et seq.), and the Arms Export Control to the bill S. 1790, to authorize appro- (R) prohibit countries from providing or re- Act (22 U.S.C. 2751 et seq.); ceiving military training to or from North (10) On February 22, 2018, the Secretary of priations for fiscal year 2020 for mili- State determined that the Government of tary activities of the Department of Korea or hosting North Koreans for specialized teaching or training that could con- North Korea was responsible for the lethal Defense, for military construction, and tribute to the programs of North Korea re- nerve agent attack in 2017 on Kim Jong Nam, for defense activities of the Depart- lated to the development of weapons of mass the half-brother of North Korean leader Kim ment of Energy, to prescribe military destruction; Jong-un, in Malaysia, triggering sanctions personnel strengths for such fiscal (S) ban countries from granting landing required under the Chemical and Biological year, and for other purposes; which was and flyover rights to North Korean aircraft; Weapons Control and Warfare Elimination ordered to lie on the table; as follows: and Act of 1991 (22 U.S.C. 5601 et seq.). (11) The strict enforcement of sanctions is At the end of division A, add the following: (T) prohibit trade in statuary of North Ko- rean origin. essential to the efforts of the international TITLE XVII—OTTO WARMBIER BANKING (2) The Government of North Korea has community to achieve the peaceful, com- RESTRICTIONS INVOLVING NORTH threatened to carry out nuclear attacks plete, verifiable, and irreversible dismantle- KOREA ACT OF 2019 against the United States, South Korea, and ment of weapons of mass destruction pro- SEC. 1701. SHORT TITLE. Japan. grams of the Government of North Korea. This title may be cited as the ‘‘Otto (3) The Government of North Korea tested SEC. 1712. SENSE OF CONGRESS. Warmbier Banking Restrictions Involving its sixth and largest nuclear device on Sep- It is the sense of Congress that— North Korea Act of 2019’’. tember 3, 2017. (1) the United States is committed to Subtitle A—Sanctions With Respect to North (4) According to a report by the Inter- working with its allies and partners to halt Korea national Atomic Energy Agency released in the nuclear and ballistic missile programs of SEC. 1711. FINDINGS. August 2018, ‘‘The continuation and further North Korea through a policy of maximum Congress finds the following: development of the DPRK’s nuclear pro- pressure and diplomatic engagement; (1) Since 2006, the United Nations Security gramme and related statements by the (2) the imposition of sanctions, including Council has adopted 10 resolutions imposing DPRK are a cause for grave concern. The those under this title, should not be con- sanctions against North Korea under chapter DPRK’s nuclear activities, including those in strued to limit the authority of the Presi- VII of the United Nations Charter, which— relation to the Yongbyon Experimental Nu- dent to fully engage in diplomatic negotia- (A) prohibit the use, development, and pro- clear Power Plant (5 MW(e)) reactor, the use tions to further the policy objective de- liferation of weapons of mass destruction by of the building which houses the reported scribed in paragraph (1); North Korea; centrifuge enrichment facility and the con- (3) the successful use of sanctions to halt (B) prohibit the supply, sale, or transfer of struction at the light water reactor, as well the nuclear and ballistic missile programs of arms and related materiel to or from North as the DPRK’s sixth nuclear test, are clear North Korea is part of a broader diplomatic Korea; violations of relevant UN Security Council and economic strategy that relies on effec- (C) prohibit the transfer of luxury goods to resolutions, including resolution 2375 (2017) tive coordination among relevant Federal North Korea; and are deeply regrettable.’’. agencies and officials, as well as with inter- (D) restrict access by North Korea to fi- (5) In July 2018, Secretary of State Mike national partners of the United States; and nancial services that could contribute to nu- Pompeo testified to the Committee on For- (4) the coordination described in paragraph clear, missile, or other programs related to eign Relations of the Senate that North (3) should include proper vetting of external the development of weapons of mass destruc- Korea ‘‘continue[s] to produce fissile mate- messaging and communications from all tion; rial’’ despite public pledges by North Korean parts of the Executive branch to ensure that (E) restrict North Korean shipping, includ- leader Kim Jong-un to denuclearize. those communications are an intentional ing the registration, reflagging, or insuring (6) The 2019 Missile Defense Review con- component of and aligned with the strategy of North Korean ships; ducted by the Department of Defense states of the United States with respect to North (F) prohibit, with limited exceptions, that North Korea ‘‘continues to pose an ex- Korea. North Korean exports of coal, precious met- traordinary threat and the United States SEC. 1713. DEFINITIONS. als, iron, vanadium, and rare earth minerals; must remain vigilant. In the past, North In this subtitle, the terms ‘‘applicable Ex- (G) prohibit the transfer to North Korea of Korea frequently issued explicit nuclear mis- ecutive order’’, ‘‘applicable United Nations rocket, aviation, or jet fuel, as well as gaso- sile threats against the United States and al- Security Council resolution’’, ‘‘appropriate line, condensates, and natural gas liquids; lies, all the while working aggressively to congressional committees’’, ‘‘Government of (H) prohibit new work authorization for field the capability to strike the U.S. home- North Korea’’, ‘‘North Korea’’, and ‘‘North North Korean laborers and require the repa- land with nuclear-armed ballistic missiles. Korean financial institution’’ have the triation of all North Korean laborers by De- Over the past decade, it has invested consid- meanings given those terms in section 3 of cember 2019; erable resources in its nuclear and ballistic the North Korea Sanctions and Policy En- (I) prohibit exports of North Korean food missile programs, and undertaken extensive hancement Act of 2016 (22 U.S.C. 9202). and agricultural products, including seafood; nuclear and missile testing in order to real- PART I—EXPANSION OF SANCTIONS AND (J) prohibit joint ventures or cooperative ize the capability to threaten the U.S. home- RELATED MATTERS commercial entities or expanding joint ven- land with missile attack. As a result, North tures with North Korea; Korea has neared the time when it could SEC. 1721. SANCTIONS WITH RESPECT TO FOR- (K) prohibit exports of North Korean tex- credibly do so.’’. EIGN FINANCIAL INSTITUTIONS THAT PROVIDE FINANCIAL SERV- tiles; (7) Financial transactions and investments ICES TO CERTAIN SANCTIONED PER- (L) require member countries of the United that provide financial resources to the Gov- SONS. Nations to seize, inspect, and impound any ernment of North Korea, and that fail to in- (a) IN GENERAL.—Title II of the North ship in its jurisdiction that is suspected of corporate adequate safeguards against the Korea Sanctions and Policy Enhancement violating Security Council resolutions with misuse of those financial resources, pose an Act of 2016 (22 U.S.C. 9221 et seq.) is amended respect to North Korea and to interdict and undue risk of contributing to— by inserting after the item relating to sec- inspect all cargo heading to or from North (A) weapons of mass destruction programs tion 201A the following: Korea by land, sea, or air; of that Government; and ‘‘SEC. 201B. SANCTIONS WITH RESPECT TO FOR- (M) limit the transfer to North Korea of re- (B) efforts to evade restrictions required by EIGN FINANCIAL INSTITUTIONS fined petroleum products and crude oil; the United Nations Security Council on im- THAT PROVIDE FINANCIAL SERV- (N) ban the sale or transfer to North Korea ports or exports of arms and related mate- ICES TO CERTAIN SANCTIONED PER- of industrial machinery, transportation vehi- riel, services, or technology by that Govern- SONS. cles, electronics, iron, steel, and other met- ment. ‘‘(a) IN GENERAL.—The Secretary of the als; (8) The Federal Bureau of Investigation has Treasury shall impose one or more of the (O) reduce North Korean diplomatic staff determined that the Government of North sanctions described in subsection (b) with re- numbers in member countries of the United Korea was responsible for cyberattacks spect to a foreign financial institution that

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the Secretary determines, on or after the result, means that a person has actual ‘‘(c) DEFINITIONS.—In this section: date that is 90 days after the date of the en- knowledge, or should have known, of the ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- actment of the Otto Warmbier Banking Re- conduct, the circumstance, or the result.’’. TEES AND LEADERSHIP.—The term ‘appro- strictions Involving North Korea Act of 2019, (b) CLERICAL AMENDMENT.—The table of priate congressional committees and leader- knowingly provides significant financial contents for the North Korea Sanctions and ship’ means— services to any person designated for the im- Policy Enhancement Act of 2016 is amended ‘‘(A) the Committee on Foreign Relations, position of sanctions under— by inserting after the item relating to sec- the Committee on Banking, Housing, and ‘‘(1) subsection (a) or (b) of section 104; tion 201A the following: Urban Affairs, and the majority and minor- ‘‘(2) an applicable Executive order; or ‘‘201B. Sanctions with respect to foreign fi- ity leaders of the Senate; and ‘‘(3) an applicable United Nations Security nancial institutions that pro- ‘‘(B) the Committee on Foreign Affairs, the Council resolution. vide financial services to cer- Committee on Financial Services, the Com- ‘‘(b) SANCTIONS DESCRIBED.—The sanctions tain sanctioned persons.’’. mittee on Ways and Means, and the Speaker, that may be imposed with respect to a for- SEC. 1722. EXTENSION OF APPLICABILITY PE- the majority leader, and the minority leader eign financial institution subject to sub- RIOD OF PROLIFERATION PREVEN- of the House of Representatives. TION SANCTIONS. section (a) are the following: ‘‘(2) APPLICABLE UNITED NATIONS SECURITY ‘‘(1) ASSET BLOCKING.—The Secretary may Section 203(b)(2) of the North Korea Sanc- tions and Policy Enhancement Act of 2016 (22 COUNCIL RESOLUTION; NORTH KOREAN FINAN- block and prohibit, pursuant to the Inter- CIAL INSTITUTION; NORTH KOREAN PERSON.— national Emergency Economic Powers Act U.S.C. 9223(b)(2)) is amended by striking ‘‘2 years’’ and inserting ‘‘5 years’’. The terms ‘applicable United Nations Secu- (50 U.S.C. 1701 et seq.), all transactions in all rity Council resolution’, ‘North Korean fi- SEC. 1723. SENSE OF CONGRESS ON IDENTIFICA- property and interests in property of the for- nancial institution’, and ‘North Korean per- eign financial institution if such property TION AND BLOCKING OF PROPERTY OF NORTH KOREAN OFFICIALS. son’ have the meanings given those terms in and interests in property are in the United It is the sense of Congress that the Presi- section 3 of the North Korea Sanctions and States, come within the United States, or dent should— Policy Enhancement Act of 2016 (22 U.S.C. are or come within the possession or control (1) encourage international collaboration 9202).’’. of a United States person. through the Financial Action Task Force SEC. 1725. REPORT ON USE BY THE GOVERNMENT ‘‘(2) RESTRICTIONS ON CORRESPONDENT AND and its global network to utilize its stand- OF NORTH KOREA OF BENEFICIAL PAYABLE-THROUGH ACCOUNTS.—The Secretary ards and apply means at its disposal to OWNERSHIP RULES TO ACCESS THE may prohibit, or impose strict conditions on, counter the money laundering, terrorist fi- INTERNATIONAL FINANCIAL SYS- the opening or maintaining in the United nancing, and proliferation financing threats TEM. States of a correspondent account or a pay- emanating from North Korea; and (a) IN GENERAL.—Not later than 180 days able-through account by the foreign finan- (2) prioritize multilateral efforts to iden- after the date of the enactment of this Act, cial institution. tify and block— the Secretary of the Treasury shall submit ‘‘(c) IMPLEMENTATION; PENALTIES.— (A) any property owned or controlled by a to the appropriate congressional committees ‘‘(1) IMPLEMENTATION.—The President may North Korean official; and a report setting forth the findings of the Sec- exercise all authorities provided under sec- (B) any significant proceeds of kleptocracy retary regarding how the Government of tions 203 and 205 of the International Emer- by the Government of North Korea or a North Korea is exploiting laws with respect gency Economic Powers Act (50 U.S.C. 1702 North Korean official. to the beneficial owner of an entity in order and 1704) to carry out this section. SEC. 1724. MODIFICATION OF REPORT ON IMPLE- to access the international financial system. ‘‘(2) PENALTIES.—A person that violates, MENTATION OF UNITED NATIONS (b) ELEMENTS.—The Secretary shall in- attempts to violate, conspires to violate, or SECURITY COUNCIL RESOLUTIONS clude in the report required under subsection causes a violation of this section or any reg- BY OTHER GOVERNMENTS. (a) proposals for such legislative and admin- ulation, license, or order issued to carry out Section 317 of the Korean Interdiction and istrative action as the Secretary considers this section shall be subject to the penalties Modernization of Sanctions Act (title III of appropriate to combat the abuse by the Gov- set forth in subsections (b) and (c) of section Public Law 115–44; 131 Stat. 950) is amended— ernment of North Korea of shell companies 206 of the International Emergency Eco- (1) in subsection (a)— and other similar entities to avoid or evade nomic Powers Act (50 U.S.C. 1705) to the (A) in the matter preceding paragraph (1), sanctions. same extent as a person that commits an un- by striking ‘‘Not later than 180 days after (c) FORM.—The report required by sub- lawful act described in subsection (a) of that the date of the enactment of this Act, and section (a) shall be submitted in unclassified section. annually thereafter for 5 years,’’ and insert- form but may include a classified annex. ‘‘(d) REGULATIONS.—Not later than 180 days ing ‘‘Not later than 180 days after the date of PART II—CONGRESSIONAL REVIEW AND after the date of the enactment of the Otto the enactment of the Otto Warmbier Bank- OVERSIGHT Warmbier Banking Restrictions Involving ing Restrictions Involving North Korea Act North Korea Act of 2019, the President shall, of 2019, and annually thereafter for 5 years,’’; SEC. 1731. NOTIFICATION OF TERMINATION OR as appropriate, prescribe regulations to (B) in paragraph (3), by striking ‘‘; or’’ and SUSPENSION OF SANCTIONS. carry out this section. inserting a semicolon; Not less than 15 days before taking any ac- ‘‘(e) EXCEPTION RELATING TO IMPORTATION (C) by redesignating paragraph (4) as para- tion to terminate or suspend the application OF GOODS.— graph (8); and of sanctions under this subtitle or an amend- ‘‘(1) IN GENERAL.—Notwithstanding section (D) by inserting after paragraph (3) the fol- ment made by this subtitle, the President 404(b) or any provision of this section, the lowing: shall notify the appropriate congressional authorities and requirements to impose ‘‘(4) prohibit, in the territories of such committees of the President’s intent to take sanctions under this section shall not in- countries or by persons subject to the juris- the action and the reasons for the action. clude the authority or a requirement to im- diction of such governments, the opening of SEC. 1732. REPORTS ON CERTAIN LICENSING AC- pose sanctions on the importation of goods. new joint ventures or cooperative entities TIONS. ‘‘(2) GOOD DEFINED.—In this subsection, the with North Korean persons or the expansion (a) IN GENERAL.—Not later than 180 days term ‘good’ means any article, natural or of existing joint ventures through additional after the date of the enactment of this Act, manmade substance, material, supply or investments, whether or not for or on behalf and every 180 days thereafter, the President manufactured product, including inspection of the Government of North Korea, unless shall submit to the appropriate congres- and test equipment, and excluding technical such joint ventures or cooperative entities sional committees a report on the operation data. have been approved by the Committee of the of the system for issuing licenses for trans- ‘‘(f) DEFINITIONS.—In this section: United Nations Security Council established actions under covered regulatory provisions ‘‘(1) ACCOUNT; CORRESPONDENT ACCOUNT; by United Nations Security Council Resolu- during the preceding 180-day period that in- PAYABLE-THROUGH ACCOUNT.—The terms ‘action 1718 (2006); cludes— count’, ‘correspondent account’, and ‘pay- ‘‘(5) prohibit the unauthorized clearing of (1) the number and types of such licenses able-through account’ have the meanings funds by North Korean financial institutions applied for during that period; and given those terms in section 5318A of title 31, through financial institutions subject to the (2) the number and types of such licenses United States Code. jurisdiction of such governments; issued during that period. ‘‘(2) FINANCIAL INSTITUTION.—The term ‘fi- ‘‘(6) prohibit the unauthorized conduct of (b) COVERED REGULATORY PROVISION DE- nancial institution’ means a financial insti- commercial trade with North Korea that is FINED.—In this section, the term ‘‘covered tution specified in subparagraph (A), (B), (C), prohibited under applicable United Nations regulatory provision’’ means any of the fol- (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of Security Council resolutions; lowing provisions, as in effect on the day be- section 5312(a)(2) of title 31, United States ‘‘(7) prevent the provision of financial serv- fore the date of the enactment of this Act Code. ices to North Korean persons or the transfer and as such provisions relate to North Korea: ‘‘(3) FOREIGN FINANCIAL INSTITUTION.—The of financial services to North Korean persons (1) Part 743, 744, or 746 of title 15, Code of term ‘foreign financial institution’ shall to, through, or from the territories of such Federal Regulations. have the meaning of that term as determined countries or by persons subject to the juris- (2) Part 510 of title 31, Code of Federal Reg- by the Secretary of the Treasury. diction of such governments; or’’; and ulations. ‘‘(4) KNOWINGLY.—The term ‘knowingly’, (2) by amending subsection (c) to read as (3) Any other provision of title 31, Code of with respect to conduct, a circumstance, or a follows: Federal Regulations.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.046 S18JNPT1 S3664 CONGRESSIONAL RECORD — SENATE June 18, 2019

(c) FORM.—Each report required by sub- Policy Enhancement Act of 2016 (22 U.S.C. SEC. 1744. PROCEDURES FOR REVIEW OF CLASSI- section (a) shall be submitted in unclassified 9212(b)). FIED INFORMATION. form but may include a classified annex. SEC. 1735. REPORT ON COUNTRIES OF CONCERN (a) IN GENERAL.—If a finding under this SEC. 1733. BRIEFINGS ON IMPLEMENTATION AND WITH RESPECT TO TRANSSHIPMENT, subtitle or an amendment made by this sub- ENFORCEMENT OF SANCTIONS. REEXPORTATION, OR DIVERSION OF title, a prohibition, condition, or penalty im- CERTAIN ITEMS TO NORTH KOREA. Not later than 90 days after the date of the posed as a result of any such finding, or a (a) IN GENERAL.—Not later than 180 days enactment of this Act, and every 180 days penalty imposed under this subtitle or an after the date of the enactment of this Act, thereafter, the Secretary of the Treasury amendment made by this subtitle, is based and annually thereafter through 2023, the Di- shall provide to the appropriate congres- rector of National Intelligence shall submit on classified information (as defined in sec- sional committees a briefing on efforts relat- to the President, the Secretary of Defense, tion 1(a) of the Classified Information Proce- ing to the implementation and enforcement the Secretary of Commerce, the Secretary of dures Act (18 U.S.C. App.)) and a court re- of United States sanctions with respect to State, the Secretary of the Treasury, and the views the finding or the imposition of the North Korea, including appropriate updates appropriate congressional committees a re- prohibition, condition, or penalty, the Sec- on the efforts of the Department of the port that identifies all countries that the Di- retary of the Treasury may submit such in- Treasury to address compliance with such rector determines are of concern with re- formation to the court ex parte and in cam- sanctions by foreign financial institutions. spect to transshipment, reexportation, or di- era. SEC. 1734. REPORT ON FINANCIAL NETWORKS version of items subject to the provisions of (b) RULE OF CONSTRUCTION.—Nothing in AND FINANCIAL METHODS OF THE the Export Administration Regulations this section shall be construed to confer or GOVERNMENT OF NORTH KOREA. under subchapter C of chapter VII of title 15, imply any right to judicial review of any (a) REPORT REQUIRED.— Code of Federal Regulations, to an entity finding under this subtitle or an amendment (1) IN GENERAL.—Not later than 180 days owned or controlled by the Government of made by this subtitle, any prohibition, con- after the date of the enactment of this Act, North Korea. dition, or penalty imposed as a result of any and annually thereafter through 2025, the (b) FORM.—Each report required by sub- such finding, or any penalty imposed under President shall submit to the appropriate section (a) shall be submitted in unclassified this subtitle or an amendment made by this congressional committees a report on form but may include a classified annex. subtitle. sources of external support for the Govern- PART III—GENERAL MATTERS ment of North Korea that includes— SEC. 1745. BRIEFING ON RESOURCING OF SANC- SEC. 1741. RULEMAKING. (A) a description of the methods used by TIONS PROGRAMS. The President shall prescribe such rules the Government of North Korea to deal in, Not later than 30 days after the date of the and regulations as may be necessary to carry transact in, or conceal the ownership, con- enactment of this Act, the Secretary of the out this subtitle and amendments made by trol, or origin of goods and services exported Treasury shall provide to the appropriate this subtitle. by North Korea; congressional committees a briefing on— (B) an assessment of the relationship be- SEC. 1742. AUTHORITY TO CONSOLIDATE RE- (1) the resources allocated by the Depart- PORTS. tween the proliferation of weapons of mass ment of the Treasury to support each sanc- (a) IN GENERAL.—Any and all reports re- destruction by the Government of North quired to be submitted to the appropriate tions program administered by the Depart- Korea and the financial industry or financial congressional committees under this subtitle ment; and institutions; or an amendment made by this subtitle that (2) recommendations for additional au- (C) an assessment of the relationship be- are subject to a deadline for submission con- thorities or resources necessary to expand tween the acquisition by the Government of sisting of the same unit of time may be con- the capacity or capability of the Department North Korea of military expertise, equip- solidated into a single report that is sub- related to implementation and enforcement ment, and technology and the financial in- mitted pursuant to that deadline. of such programs. dustry or financial institutions; (b) CONTENTS.—Any reports consolidated SEC. 1746. BRIEFING ON PROLIFERATION FI- (D) a description of the export by any per- under subsection (a) shall contain all infor- NANCING. son to the United States of goods, services, mation required under this subtitle or an (a) IN GENERAL.—Not later than 60 days or technology that are made with significant amendment made by this subtitle and any amounts of North Korean labor, material, or after the date of the enactment of this Act, other elements that may be required by ex- the Secretary of the Treasury shall provide goods, including minerals, manufacturing, isting law. seafood, overseas labor, or other exports to the appropriate congressional committees SEC. 1743. WAIVERS, EXEMPTIONS, AND TERMI- a briefing on addressing proliferation fi- from North Korea; NATION. nance. (E) an assessment of the involvement of (a) APPLICATION AND MODIFICATION OF EX- any person in human trafficking involving EMPTIONS AND WAIVERS FROM NORTH KOREA (b) ELEMENTS.—The briefing required by citizens or nationals of North Korea; SANCTIONS AND POLICY ENHANCEMENT ACT OF subsection (a) shall include the following: (F) a description of how the President 2016.—Section 208 of the North Korea Sanc- (1) The Department of the Treasury’s defi- plans to address the flow of funds generated tions and Policy Enhancement Act of 2016 (22 nition and description of an appropriate risk- by activities described in subparagraphs (A) U.S.C. 9228) is amended— based approach to combating financing of through (E), including through the use of (1) by inserting ‘‘201B,’’ after ‘‘201A,’’ each the proliferation of weapons of mass destruc- sanctions or other means; place it appears; and tion. (G) an assessment of the extent to which (2) in subsection (c), by inserting ‘‘, not (2) An assessment of— the Government of North Korea engages in less than 15 days before the waiver takes ef- (A) Federal financial regulatory agency criminal activities, including money laun- fect,’’ after ‘‘if the President’’. oversight, including by the Financial Crimes dering, to support that Government; (b) SUSPENSION.— Enforcement Network, of United States fi- (H) information relating to the identifica- (1) IN GENERAL.—Subject to section 1731, nancial institutions and the adoption by tion, blocking, and release of property de- any requirement to impose sanctions under their foreign subsidiaries, branches, and cor- scribed in section 201B(b)(1) of the North this subtitle or the amendments made by respondent institutions of a risk-based ap- Korea Sanctions and Policy Enhancement this subtitle, and any sanctions imposed pur- proach to proliferation financing; and Act of 2016, as added by section 1721; suant to this subtitle or any such amend- (B) whether financial institutions in for- (I) a description of the metrics used to ment, may be suspended for up to one year if eign jurisdictions known by the United measure the effectiveness of law enforce- the President makes the certification de- States intelligence and law enforcement ment and diplomatic initiatives of Federal, scribed in section 401 of the North Korea communities to be jurisdictions through State, and foreign governments to comply Sanctions and Policy Enhancement Act of which North Korea moves substantial sums with the provisions of applicable United Na- 2016 (22 U.S.C. 9251) to the appropriate con- of licit and illicit finance are applying a tions Security Council resolutions; and gressional committees. risk-based approach to proliferation financ- (J) an assessment of the effectiveness of (2) RENEWAL.—A suspension under para- ing, and if that approach is comparable to programs within the financial industry to graph (1) may be renewed in accordance with the approach required by United States fi- ensure compliance with United States sanc- section 401(b) of the North Korea Sanctions nancial institution supervisors. tions, applicable United Nations Security and Policy Enhancement Act of 2016 (22 (3) A survey of the technical assistance the Council resolutions, and applicable Execu- U.S.C. 9251(b)). Office of Technical Assistance of the Depart- tive orders. (c) TERMINATION.—Subject to section 1731, ment of the Treasury, and other appropriate (2) FORM.—Each report required by para- any requirement to impose sanctions under Executive branch offices, currently provide graph (1) shall be submitted in unclassified this subtitle or the amendments made by foreign institutions on implementing form but may include a classified annex. this subtitle, and any sanctions imposed pur- counter-proliferation financing best prac- (b) INTERAGENCY COORDINATION.—The suant to this subtitle or any such amend- tices. President shall ensure that any information ment, shall terminate on the date on which (4) An assessment of the ability of foreign collected pursuant to subsection (a) is shared the President makes the certification de- subsidiaries, branches, and correspondent in- among the Federal departments and agencies scribed in section 402 of the North Korea stitutions of United States financial institu- involved in investigations described in sec- Sanctions and Policy Enhancement Act of tions to implement a risk-based approach to tion 102(b) of the North Korea Sanctions and 2016 (22 U.S.C. 9252). proliferation financing.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.046 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3665 Subtitle B—Divestment From North Korea the requirements of subsection (d), except as (i) a lower rate of return than alternative SEC. 1751. AUTHORITY OF STATE AND LOCAL provided in paragraph (2)) applied by the investments with commensurate degrees of GOVERNMENTS TO DIVEST FROM State or local government before the date of risk; or COMPANIES THAT INVEST IN NORTH the enactment of this Act that provides for (ii) a higher degree of risk than alternative KOREA. the divestment of assets of the State or local investments with commensurate rates of re- (a) SENSE OF CONGRESS.—It is the sense of government from, or prohibits the invest- turn; and Congress that the United States should sup- ment of the assets of the State or local gov- (2) by divesting assets or avoiding the in- port the decision of any State or local government in, any person that the State or vestment of assets as described in paragraph ernment made for moral, prudential, or local government determines, using credible (1), the fiduciary is not breaching the respon- reputational reasons, to divest from, or pro- information available to the public, engages sibilities, obligations, or duties imposed hibit the investment of assets of the State or in investment activities described in sub- upon the fiduciary by subparagraph (A) or local government in, a person that engages section (c) that are identified in that meas- (B) of section 404(a)(1) of the Employee Re- in investment activities described in sub- ure. tirement Income Security Act of 1974 (29 section (c) if North Korea is subject to eco- (2) APPLICATION OF NOTICE REQUIREMENTS.— U.S.C. 1104(a)(1)). nomic sanctions imposed by the United A measure described in paragraph (1) shall be SEC. 1754. RULE OF CONSTRUCTION. States or the United Nations Security Coun- subject to the requirements of paragraphs Nothing in this subtitle, an amendment cil. (1), (2), and (3)(A) of subsection (d) on and made by this subtitle, or any other provision (b) AUTHORITY TO DIVEST.—Notwith- after the date that is 2 years after the date of law authorizing sanctions with respect to standing any other provision of law, a State of the enactment of this Act. North Korea shall be construed to affect or or local government may adopt and enforce (g) NO PREEMPTION.—A measure applied by displace— measures that meet the requirements of sub- a State or local government that is con- (1) the authority of a State or local govern- section (d) to divest the assets of the State sistent with subsection (b) or (f) is not pre- ment to issue and enforce rules governing or local government from, or prohibit invest- empted by any Federal law. the safety, soundness, and solvency of a fi- ment of the assets of the State or local gov- (h) DEFINITIONS.—In this section: nancial institution subject to its jurisdic- ernment in, any person that the State or (1) ASSET.— tion; or local government determines, using credible (A) IN GENERAL.—Except as provided in (2) the regulation and taxation by the sev- information available to the public, engages subparagraph (B), the term ‘‘asset’’ means eral States of the business of insurance, pur- in investment activities described in sub- public monies, and includes any pension, re- suant to the Act of March 9, 1945 (59 Stat. 33, section (c). tirement, annuity, endowment fund, or simi- chapter 20; 15 U.S.C. 1011 et seq.) (commonly (c) INVESTMENT ACTIVITIES DESCRIBED.—In- lar instrument, that is controlled by a State known as the ‘‘McCarran-Ferguson Act’’). vestment activities described in this sub- or local government. Subtitle C—Financial Industry Guidance to section are activities of a value of more than (B) EXCEPTION.—The term ‘‘asset’’ does not Halt Trafficking $10,000 relating to an investment in North include employee benefit plans covered by Korea or in goods or services originating in SEC. 1761. SHORT TITLE. title I of the Employee Retirement Income North Korea that are not conducted pursu- This subtitle may be cited as the ‘‘Finan- Security Act of 1974 (29 U.S.C. 1001 et seq.). ant to a license issued by the Department of cial Industry Guidance to Halt Trafficking (2) INVESTMENT.—The term ‘‘investment’’ the Treasury. Act’’ or the ‘‘FIGHT Act’’. includes— (d) REQUIREMENTS.—Any measure taken by SEC. 1762. FINDINGS. a State or local government under sub- (A) a commitment or contribution of funds Congress finds the following: section (b) shall meet the following require- or property; (1) The terms ‘‘human trafficking’’ and ments: (B) a loan or other extension of credit; and ‘‘trafficking in persons’’ are used inter- (C) the entry into or renewal of a contract (1) NOTICE.—The State or local government changeably to describe crimes involving the shall provide written notice to each person for goods or services. exploitation of a person for the purposes of with respect to which a measure under this (i) EFFECTIVE DATE.— compelled labor or commercial sex through section is to be applied. (1) IN GENERAL.—Except as provided in the use of force, fraud, or coercion. (2) TIMING.—The measure applied under paragraph (2) and subsection (f), this section (2) According to the International Labour this section shall apply to a person not ear- applies to measures applied by a State or Organization, there are an estimated lier than the date that is 90 days after the local government before, on, or after the 24,900,000 people worldwide who are victims date on which written notice under para- date of the enactment of this Act. of forced labor, including human trafficking graph (1) is provided to the person. (2) NOTICE REQUIREMENTS.—Except as pro- victims in the United States. (3) OPPORTUNITY TO DEMONSTRATE COMPLI- vided in subsection (f), subsections (d) and (3) Human trafficking is perpetrated for fi- ANCE.— (e) apply to measures applied by a State or nancial gain. (A) IN GENERAL.—The State or local gov- local government on or after the date of the (4) According to the International Labour ernment shall provide to each person with enactment of this Act. Organization, of the estimated respect to which a measure is to be applied SEC. 1752. SAFE HARBOR FOR CHANGES OF IN- $150,000,000,000 or more in global profits gen- under this section an opportunity to dem- VESTMENT POLICIES BY ASSET MAN- erated annually from human trafficking— onstrate to the State or local government AGERS. (A) approximately 2⁄3 are generated by com- that the person does not engage in invest- Section 13(c)(1) of the Investment Com- mercial sexual exploitation, exacted by fraud ment activities described in subsection (c). pany Act of 1940 (15 U.S.C. 80a–13(c)(1)) is or by force; and 1 (B) NONAPPLICATION.—If a person with re- amended— (B) approximately ⁄3 are generated by spect to which a measure is to be applied (1) in subparagraph (A), by striking ‘‘or’’ at forced labor. under this section demonstrates to the State the end; (5) Most purchases of commercial sex acts or local government under subparagraph (A) (2) in subparagraph (B), by striking the pe- are paid for with cash, making trafficking that the person does not engage in invest- riod and inserting ‘‘; or’’; and proceeds difficult to identify in the financial ment activities described in subsection (c), (3) by adding at the end the following: system. Nonetheless, traffickers rely heavily the measure shall not apply to that person. ‘‘(C) engage in investment activities de- on access to financial institutions as des- (4) SENSE OF CONGRESS ON AVOIDING ERRO- scribed in section 1751(c) of the Otto tinations for trafficking proceeds and as con- NEOUS TARGETING.—It is the sense of Con- Warmbier Banking Restrictions Involving duits to finance every step of the trafficking gress that a State or local government North Korea Act of 2019.’’. process. should not adopt a measure under subsection SEC. 1753. SENSE OF CONGRESS REGARDING (6) Under section 1956 of title 18, United (b) with respect to a person unless the State CERTAIN ERISA PLAN INVEST- States Code (relating to money laundering), or local government has— MENTS. human trafficking is a ‘‘specified unlawful (A) made every effort to avoid erroneously It is the sense of Congress that— activity’’ and transactions conducted with targeting the person; and (1) a fiduciary of an employee benefit plan, proceeds earned from trafficking people, or (B) verified that the person engages in in- as defined in section 3(3) of the Employee Re- used to further trafficking operations, can be vestment activities described in subsection tirement Income Security Act of 1974 (29 prosecuted as money laundering offenses. (c). U.S.C. 1002(3)), may divest plan assets from, SEC. 1763. SENSE OF CONGRESS. (e) NOTICE TO DEPARTMENT OF JUSTICE.— or avoid investing plan assets in, any person It is the sense of Congress that— Not later than 30 days before a State or local the fiduciary determines engages in invest- (1) the President should aggressively apply, government applies a measure under this ment activities described in section 1751(c), as appropriate, existing sanctions for human section, the State or local government shall if— trafficking authorized under section 111 of notify the Attorney General of that measure. (A) the fiduciary makes that determina- the Trafficking Victims Protection Act of (f) AUTHORIZATION FOR PRIOR APPLIED tion using credible information that is avail- 2000 (22 U.S.C. 7108); MEASURES.— able to the public; and (2) the Financial Crimes Enforcement Net- (1) IN GENERAL.—Notwithstanding any (B) the fiduciary prudently determines work of the Department of the Treasury other provision of this section or any other that the result of that divestment or avoid- should continue— provision of law, a State or local government ance of investment would not be expected to (A) to monitor reporting required under may enforce a measure (without regard to provide the employee benefit plan with— subchapter II of chapter 53 of title 31, United

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.046 S18JNPT1 S3666 CONGRESSIONAL RECORD — SENATE June 18, 2019 States Code (commonly known as the ‘‘Bank Arising from Trafficking in Human Beings ducted by the task force referred to in para- Secrecy Act’’) and to update advisories, as and Smuggling of Migrants’’, to identify the graph (1) that would enhance the efforts and warranted; money laundering risk arising from the traf- programs of financial institutions to detect (B) to periodically review its advisories to ficking of human beings; and and deter money laundering related to provide covered financial institutions, as ap- (E) encourage the Egmont Group of Finan- human trafficking, including any rec- propriate, with a list of new ‘‘red flags’’ for cial Intelligence Units to study the extent to ommended changes to internal policies, pro- identifying activities of concern, particu- which human trafficking operations are cedures, and controls related to human traf- larly human trafficking; being used for money laundering, terrorist fi- ficking; (C) to encourage entities covered by the nancing, or other illicit financial purposes. (C) any recommended changes to training advisories described in subparagraph (B) to SEC. 1764. COORDINATION OF HUMAN TRAF- programs at financial institutions to better incorporate relevant elements provided in FICKING ISSUES BY THE OFFICE OF equip employees to deter and detect money the advisories into their current transaction TERRORISM AND FINANCIAL INTEL- laundering related to human trafficking; and and account monitoring systems or in poli- LIGENCE. (D) any recommended changes to expand cies, procedures, and training on human traf- (a) FUNCTIONS.—Section 312(a)(4) of title 31, human trafficking-related information shar- ficking to enable financial institutions to United States Code, is amended— ing among financial institutions and be- maintain ongoing efforts to examine trans- (1) by redesignating subparagraphs (E), (F), tween such financial institutions, appro- actions and accounts; and (G) as subparagraphs (F), (G), and (H), priate law enforcement agencies, and appro- (D) to use geographic targeting orders, as respectively; and priate Federal agencies. appropriate, to impose additional reporting (2) by inserting after subparagraph (D) the (b) ADDITIONAL REPORTING REQUIREMENT.— and recordkeeping requirements under sec- following: Section 105(d)(7) of the Trafficking Victims tion 5326(a) of title 31, United States Code, to ‘‘(E) combating illicit financing relating to Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is carry out the purposes of, and prevent eva- human trafficking;’’. amended— sions of the Bank Secrecy Act; and (b) INTERAGENCY COORDINATION.—Section (1) in the matter preceding subparagraph (E) to utilize the Bank Secrecy Act Advi- 312(a) of such title is amended by adding at (A)— sory Group and other relevant entities to the end the following: (A) by inserting ‘‘the Committee on Finan- identify opportunities for nongovernmental ‘‘(8) INTERAGENCY COORDINATION.—The Sec- cial Services,’’ after ‘‘the Committee on For- organizations to share relevant actionable retary of the Treasury, after consultation eign Affairs’’; and information on human traffickers’ use of the with the Undersecretary for Terrorism and (B) by inserting ‘‘the Committee on Bank- financial sector for nefarious purposes; Financial Crimes, shall designate an office ing, Housing, and Urban Affairs,’’ after ‘‘the (3) Federal banking regulators, the Depart- within the OTFI that shall coordinate efforts Committee on Foreign Relations,’’; ment of the Treasury, relevant law enforce- to combat the illicit financing of human (2) in subparagraph (Q)(vii), by striking ‘‘; ment agencies, and the Human Smuggling trafficking with— and’’ and inserting a semicolon; and Trafficking Center, in partnership with ‘‘(A) other offices of the Department of the (3) in subparagraph (R), by striking the pe- representatives from the United States fi- Treasury; riod at the end and inserting ‘‘; and’’; and nancial community, should adopt regular ‘‘(B) other Federal agencies, including— (4) by adding at the end the following: forms of sharing information to disrupt ‘‘(i) the Office to Monitor and Combat ‘‘(S) the efforts of the United States to human trafficking, including developing pro- Trafficking in Persons of the Department of eliminate money laundering related to tocols and procedures to share actionable in- State; and human trafficking and the number of inves- formation between and amongst covered in- ‘‘(ii) the Interagency Task Force to Mon- tigations, arrests, indictments, and convic- stitutions, law enforcement, and the United itor and Combat Trafficking; tions in money laundering cases with a States intelligence community; ‘‘(C) State and local law enforcement agen- nexus to human trafficking.’’. (4) training front line bank and money cies; and (c) REQUIRED REVIEW OF PROCEDURES.—Not service business employees, school teachers, ‘‘(D) foreign governments.’’. later than 180 days after the date of the en- law enforcement officers, foreign service offi- SEC. 1765. STRENGTHENING THE ROLE OF ANTI- actment of this Act, the Federal Financial cers, counselors, and the general public is an MONEY LAUNDERING AND OTHER Institutions Examination Council, in con- important factor in identifying trafficking FINANCIAL TOOLS IN COMBATING sultation with the Secretary of the Treas- victims; HUMAN TRAFFICKING. ury, victims of severe forms of trafficking in (5) the Department of Homeland Security’s (a) INTERAGENCY TASK FORCE RECOMMENDA- persons, advocates of persons at risk of be- Blue Campaign, training by the BEST Em- TIONS TARGETING MONEY LAUNDERING RE- coming victims of severe forms of trafficking ployers Alliance, and similar efforts by in- LATED TO HUMAN TRAFFICKING.— in persons, the United States Advisory Coun- dustry, human rights, and nongovernmental (1) IN GENERAL.—Not later than 270 days cil on Trafficking, civil society organiza- organizations focused on human trafficking after the date of the enactment of this Act, tions, the private sector, and appropriate law provide good examples of current efforts to the Interagency Task Force to Monitor and enforcement agencies, shall— educate employees of critical sectors to save Combat Trafficking shall submit to the Com- (1) review and enhance training and exami- victims and disrupt trafficking networks; mittee on Banking, Housing, and Urban Af- nations procedures to improve the surveil- (6) the President should intensify diplo- fairs, the Committee on Foreign Relations, lance capabilities of anti-money laundering matic efforts, bilaterally and in appropriate and the Committee on the Judiciary of the and countering the financing of terrorism international fora, such as the United Na- Senate, the Committee on Financial Serv- programs to detect human trafficking-re- tions, to develop and implement a coordi- ices, the Committee on Foreign Affairs, and lated financial transactions; nated, consistent, multilateral strategy for the Committee on the Judiciary of the House (2) review and enhance procedures for re- addressing the international financial net- of Representatives, the Secretary of the ferring potential human trafficking cases to works supporting human trafficking; and Treasury, and each appropriate Federal the appropriate law enforcement agency; and (7) in deliberations between the United banking agency— (3) determine, as appropriate, whether re- States Government and any foreign country, (A) an analysis of anti-money laundering quirements for financial institutions and including through participation in the efforts of the United States Government, covered financial institutions are sufficient Egmont Group of Financial Intelligence United States financial institutions, and to detect and deter money laundering related Units, regarding money laundering, corrup- multilateral development banks related to to human trafficking. tion, and transnational crimes, the United human trafficking; and (d) LIMITATIONS.—Nothing in this section States Government should— (B) appropriate legislative, administrative, shall be construed to— (A) encourage cooperation by foreign gov- and other recommendations to strengthen ef- (1) grant rulemaking authority to the ernments and relevant international fora in forts against money laundering relating to Interagency Task Force to Monitor and identifying the extent to which the proceeds human trafficking. Combat Trafficking; or from human trafficking are being used to fa- (2) REQUIRED RECOMMENDATIONS.—The rec- (2) authorize financial institutions to deny cilitate terrorist financing, corruption, or ommendations under paragraph (1) shall in- services to or violate the privacy of victims other illicit financial crimes; clude— of trafficking, victims of severe forms of (B) encourage cooperation by foreign gov- (A) best practices based on successful antitrafficking, or individuals not responsible for ernments and relevant international fora in human trafficking programs currently in promoting severe forms of trafficking in per- identifying the nexus between human traf- place at domestic and international financial sons. ficking and money laundering; institutions that are suitable for broader SEC. 1766. SENSE OF CONGRESS ON RESOURCES (C) advance policies that promote the co- adoption; TO COMBAT HUMAN TRAFFICKING. operation of foreign governments, through (B) feedback from stakeholders, including It is the sense of Congress that— information sharing, training, or other victims of severe trafficking in persons, ad- (1) adequate funding should be provided for measures, in the enforcement of this sub- vocates of persons at risk of becoming vic- critical Federal efforts to combat human title; tims of severe forms of trafficking in per- trafficking; (D) encourage the Financial Action Task sons, the United States Advisory Council on (2) the Department of the Treasury should Force to update its July 2011 typology re- Human Trafficking, civil society organiza- have the appropriate resources to vigorously ports entitled, ‘‘Laundering the Proceeds of tions, and financial institutions on policy investigate human trafficking networks Corruption’’ and ‘‘Money Laundering Risks proposals derived from the analysis con- under section 111 of the Trafficking Victims

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.046 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3667 Protection Act of 2000 (22 U.S.C. 7108) and office an instrument of modification of the the Federal Election Campaign Act of 1971 other relevant statutes and Executive or- deed of conveyance executed pursuant to (52 U.S.C. 30104), as amended by paragraph ders; Public Law 85–236 in order to authorize such (1), is amended by adding at the end the fol- (3) the Department of the Treasury and the use of the property. The instrument shall in- lowing new subsection: Department of Justice should each have the clude such additional terms and conditions ‘‘(k) DISCLOSURE OF MEETINGS WITH FOR- capacity and appropriate resources to sup- as the Administrator considers appropriate EIGN GOVERNMENTS OR THEIR AGENTS.— port technical assistance to develop foreign to protect the interests of the United States. ‘‘(1) IN GENERAL.—Except as provided in partners’ ability to combat human traf- paragraph (2), if a political committee, an ficking through strong national anti-money SA 645. Mr. BLUMENTHAL (for him- agent of the committee, or in the case of an laundering and countering the financing of self, Mrs. MURRAY, Mr. MARKEY, Mr. authorized committee of a candidate for Fed- terrorism programs; HEINRICH, Mr. LEAHY, Mr. WHITEHOUSE, eral office, a candidate, meets with a foreign (4) each United States Attorney’s Office and Mr. BOOKER) submitted an amend- government or an agent of a foreign prin- should be provided appropriate funding to in- ment intended to be proposed by him cipal, as defined in section 1 of the Foreign crease the number of personnel for commu- to the bill S. 1790, to authorize appro- Agents Registration Act of 1938 (22 U.S.C. nity education and outreach and investiga- 611), the committee shall, within 24 hours of tive support and forensic analysis related to priations for fiscal year 2020 for mili- meeting, report to the Commission— human trafficking; and tary activities of the Department of ‘‘(A) to the extent known, the identity of (5) the Department of State should be pro- Defense, for military construction, and each individual at the meeting and the for- vided additional resources, as necessary, to for defense activities of the Depart- eign government involved; and carry out the Survivors of Human Traf- ment of Energy, to prescribe military ‘‘(B) the purpose of the meeting. ficking Empowerment Act (section 115 of personnel strengths for such fiscal ‘‘(2) EXCEPTION FOR MEETINGS IN OFFICIAL Public Law 114–22; 129 Stat. 243). year, and for other purposes; which was CAPACITY.—Paragraph (1) shall not apply ordered to lie on the table; as follows: SA 644. Mrs. FEINSTEIN (for herself with respect to a meeting with a foreign government or an agent of a foreign principal by and Ms. HARRIS) submitted an amend- At the end of subtitle H of title X, insert an elected official or as an employee of an ment intended to be proposed by her to the following: SEC. l. DUTY TO REPORT OFFERS BY FOREIGN elected official in their official capacity as the bill S. 1790, to authorize appropria- NATIONALS TO MAKE PROHIBITED such an official or employee.’’. tions for fiscal year 2020 for military CONTRIBUTIONS, DONATIONS, EX- (3) PROMULGATION OF REGULATIONS.—Not activities of the Department of De- PENDITURES, OR DISBURSEMENTS. later than one year after the date of enact- fense, for military construction, and (a) SHORT TITLE; FINDINGS.— ment of this Act, the Federal Election Com- for defense activities of the Depart- (1) SHORT TITLE.—This section may be mission shall promulgate regulations pro- cited as the ‘‘Duty To Report Act’’. ment of Energy, to prescribe military viding additional indicators beyond the per- (2) FINDINGS.—Congress makes the fol- personnel strengths for such fiscal tinent facts described in section 110.20(a)(5) lowing findings: of title 11, Code of Federal Regulations (as in year, and for other purposes; which was (A) Political contributions and express-ad- effect on the date of enactment of this Act) ordered to lie on the table; as follows: vocacy expenditures are an integral aspect of that may lead a reasonable person to con- At the end of subtitle B of title XXVIII, the process by which Americans elect offi- clude that there is a substantial probability add the following: cials to Federal, State, and local government that the source of the funds solicited, accept- SEC. 2815. MODIFICATION OF AUTHORIZED USES offices. ed, or received is a foreign national, as de- OF CERTAIN PROPERTY CONVEYED (B) It is fundamental to the definition of a fined in section 319(b) of the Federal Election BY THE UNITED STATES IN LOS AN- national political community that foreign Act of 1971 (52 U.S.C. 30121(b)), or to inquire GELES, CALIFORNIA. citizens do not have a constitutional right to whether the source of the funds solicited, ac- (a) IN GENERAL.—Section 2 of Public Law participate in, and thus may be excluded cepted, or received is a foreign national, as 85–236 (71 Stat. 517) is amended in the first from, activities of democratic self-govern- so defined. Regulations promulgated under sentence by inserting after ‘‘for other mili- ance. the proceeding sentence shall also provide tary purposes’’ the following: ‘‘and for pur- (C) The United States has a compelling in- guidance to political committees and cam- poses of meeting the needs of the homeless terest in limiting the participation of for- paigns to not engage in racial or ethnic (as that term is defined in section 103 of the eign citizens in activities of democratic self- profiling in making such a conclusion or in- McKinney-Vento Homeless Assistance Act government, and in thereby preventing for- quiry. (42 U.S.C. 11302))’’. eign influence over the United States polit- (c) REPORTING OFFERS OF PROHIBITED CON- (b) MODIFICATION OF USE.— ical process. (1) APPLICATION.—The State of California (D) Foreign donations and expenditures TRIBUTIONS, DONATIONS, EXPENDITURES, OR may submit to the Administrator of General have a corrupting influence on the campaign DISBURSEMENTS BY FOREIGN NATIONALS TO Services an application for use of the prop- process and limiting the activities of foreign THE FBI.— erty conveyed pursuant to section 2 of Public citizens in our elections is necessary to pre- (1) IN GENERAL.—If a political committee Law 85–236 for purposes of meeting the needs serve the basic conception of a political com- or an applicable individual (as defined in of the homeless in accordance with the munity and democratic self-governance. paragraph (3)) receives an offer (orally, in amendment made by subsection (a). (b) REPORTING TO THE FEC.— writing, or otherwise) of a prohibited con- (2) REVIEW OF APPLICATION.— (1) REPORTING OFFERS OF PROHIBITED CON- tribution, donation, expenditure, or disburse- (A) IN GENERAL.—Not later than 60 days TRIBUTIONS, DONATIONS, EXPENDITURES, OR ment, the committee or applicable indi- after the date of receipt of an application DISBURSEMENTS BY FOREIGN NATIONALS.—Sec- vidual shall, within 24 hours of receiving the pursuant to paragraph (1), the Administrator tion 304 of the Federal Election Campaign offer, report to the Federal Bureau of Inves- and the Secretary of Health and Human Act of 1971 (52 U.S.C. 30104) is amended by tigation— Services shall jointly determine whether the adding at the end the following new sub- (A) to the extent known, the name, ad- use of the property described in the applica- section: dress, and nationality of the foreign national tion is a use for purposes of meeting the ‘‘(j) DISCLOSURE OF OFFERS OF PROHIBITED making the offer; and needs of the homeless. CONTRIBUTIONS, DONATIONS, EXPENDITURES, (B) the amount and type of contribution, (B) CONCURRENCE BY SECRETARY OF THE OR DISBURSEMENTS BY FOREIGN NATIONALS.— donation, expenditure, or disbursement of- ARMY.—If the Administrator and the Sec- If a political committee, an agent of the fered. retary of Health and Human Services jointly committee, or in the case of an authorized (2) OFFENSE.— determine that the use of the property de- committee of a candidate for Federal office, (A) IN GENERAL.—It shall be unlawful to scribed in the application is for purposes of a candidate, receives an offer (orally, in knowingly and willfully fail to comply with meeting the needs of the homeless, the Ad- writing, or otherwise) of a prohibited con- paragraph (1). ministrator shall request concurrence by the tribution, donation, expenditure, or disburse- (B) PENALTY.—Any person who violates Secretary of the Army that the proposed use ment (as defined in subsection (c)(3) of the subparagraph (A) shall be fined under title to meet the needs of the homeless does not Duty To Report Act), the committee shall, 18, United States Code, imprisoned not more preclude current and anticipated future use within 24 hours of receiving the offer, report than 2 years, or both. of the property for training of the National to the Commission— (3) DEFINITIONS.—In this subsection: Guard and for other military purposes. ‘‘(1) to the extent known, the name, ad- (A) APPLICABLE INDIVIDUAL.— (3) MODIFICATION OF INSTRUMENT OF CON- dress, and nationality of the foreign national (i) IN GENERAL.—The term ‘‘applicable indi- VEYANCE.—If the Secretary of the Army con- (as defined in section 319(b)) making the vidual’’ means— curs that the proposed use to meet the needs offer; and (I) an agent of a political committee; of the homeless does not preclude current ‘‘(2) the amount and type of contribution, (II) a candidate; and anticipated future use of the property donation, expenditure, or disbursement of- (III) an individual who is an immediate for training of the National Guard and for fered.’’. family member of a candidate; or other military purposes, the Administrator (2) REPORTING MEETINGS WITH FOREIGN GOV- (IV) any individual affiliated with a cam- shall execute and record in the appropriate ERNMENTS OR THEIR AGENTS.—Section 304 of paign of a candidate.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.046 S18JNPT1 S3668 CONGRESSIONAL RECORD — SENATE June 18, 2019

(ii) IMMEDIATE FAMILY MEMBER; INDIVIDUAL 2151 note; Public Law 115–68), which shall in- ‘‘(11) Air defense and coastal defense ra- AFFILIATED WITH A CAMPAIGN.—For purposes clude— dars, and systems to support effective com- of clause (i)— (1) continued United States Government mand and control and integration of air de- (I) the term ‘‘immediate family member’’ advocacy for the inclusion of Afghan women fense and coastal defense capabilities.’’; means, with respect to a candidate, a parent, leaders in ongoing and future negotiations to (B) by redesignating paragraphs (14) and parent in law, spouse, adult child, or sibling; end the conflict in Afghanistan; and (15) as paragraphs (15) and (16), respectively; and (2) support for the inclusion of constitu- (C) by inserting after paragraph (13) the (II) the term ‘‘individual affiliated with a tional protections on women’s and girls’ following new paragraph (14): campaign’’ means, with respect to a can- human rights that ensure their freedom of ‘‘(14) Coastal defense and anti-ship missile didate, an employee of any organization le- movement, rights to education and work, po- systems.’’; and gally authorized under Federal, State, or litical participation, and access to (D) in paragraph (15), as so redesignated, local law to support the candidate’s cam- healthcare and justice in any agreement by striking ‘‘paragraphs (1) through (13)’’ and paign for nomination for, or election to, any reached through intra-Afghan negotiations, inserting ‘‘paragraphs (1) through (14)’’; Federal, State, or local public office, as well including negotiations with the Taliban. (3) in subsection (c), by amending para- as any independent contractor of such an or- (b) REPORT.—Not later than 180 days after graph (5) to read as follows: ganization and any individual who performs the date of the enactment of this Act, the ‘‘(5) LETHAL ASSISTANCE.—Of the funds services for the organization on an unpaid Secretary of State, in coordination with the available for fiscal year 2020 pursuant to sub- basis (including an intern or volunteer). Secretary of Defense, shall submit to the ap- section (f)(5), $100,000,000 shall be available (B) FOREIGN NATIONAL.—The term ‘‘foreign propriate committees of Congress a report only for lethal assistance described in para- national’’ has the meaning given that term describing the steps taken to fulfill the du- graphs (2), (3), (11), (12), and (14) of subsection in section 319(b) of the Federal Election ties of the Secretary of State and the Sec- (b).’’; Campaign Act of 1971(52 U.S.C. 30121(b)). retary of Defense under subsection (a). (4) in subsection (f), by adding at the end (C) KNOWINGLY.—The term ‘‘knowingly’’ (c) APPROPRIATE COMMITTEES OF CONGRESS the following new paragraph: has the meaning given that term in section DEFINED.—In this section, the term ‘‘appro- ‘‘(5) For fiscal year 2020, $300,000,000.’’; 110.20(a)(4) of title 11, Code of Federal Regu- priate committees of Congress’’ means— (5) in subsection (h), by striking ‘‘Decem- lations (or any successor regulations). (1) the Committee on Armed Services and ber 31, 2021’’ and inserting ‘‘December 31, (D) PROHIBITED CONTRIBUTION, DONATION, the Committee on Foreign Relations of the 2022’’; EXPENDITURE, OR DISBURSEMENT.— Senate; and (6) by redesignating the second subsection (i) IN GENERAL.—The term ‘‘prohibited con- (2) the Committee on Armed Services and (g) as subsection (i); and tribution, donation, expenditure, or disburse- the Committee on Foreign Affairs of the (7) by adding at the end the following new ment’’ means a contribution, donation, ex- House of Representatives. subsection: penditure, or disbursement prohibited under ‘‘(j) REPORT ON CAPABILITY AND CAPACITY section 319(a) of the Federal Election Cam- SA 647. Mr. HEINRICH (for himself REQUIREMENTS.— paign Act of 1971 (52 U.S.C. 30121(a)). and Mr. UDALL) submitted an amend- ‘‘(1) IN GENERAL.—Not later than 180 days (ii) CLARIFICATION.—Such term includes, ment intended to be proposed by him after the date of the enactment of this sub- with respect to a candidate or election, any to the bill S. 1790, to authorize appro- section, the Secretary of Defense, in coordi- information— priations for fiscal year 2020 for mili- nation with the Secretary of State, shall (I) regarding any of the other candidates tary activities of the Department of submit a report to the congressional defense for election for that office; Defense, for military construction, and committees on the capability and capacity (II) that is not in the public domain; and for defense activities of the Depart- requirements of the military forces of (III) which could be used to the advantage Ukraine. of the campaign of the candidate. ment of Energy, to prescribe military ‘‘(2) MATTERS TO BE INCLUDED.—The report (E) OTHER TERMS.—Any term used in this personnel strengths for such fiscal under paragraph (1) shall include the fol- subsection which is defined in section 301 of year, and for other purposes; which was lowing: the Federal Election Campaign Act of 1971 ordered to lie on the table; as follows: ‘‘(A) An identification of the capability (52 U.S.C. 30101) and which is not otherwise In section 3203(b)(1)(A), strike ‘‘sentence’’ gaps and capacity shortfalls of the military defined in this subsection shall have the and all that follows and insert the following: of Ukraine. meaning given such term under such section ‘‘sentences: ‘A member may be reappointed ‘‘(B) An assessment of the relative priority 301. for a second term only if the member was assigned by the Government of Ukraine to (d) CLARIFICATION REGARDING USE OF IN- confirmed by the Senate more than two addressing such capability gaps and capacity FORMATION REPORTED.—Information reported years into the member’s first term. A mem- shortfalls. under subsection (j) or (k) of section 304 of ber may not be reappointed for a third ‘‘(C) An assessment of the capability gaps the Federal Election Campaign Act of 1971 term.’ ’’. and capacity shortfalls that— (52 U.S.C. 30104), as added by subsection (b), ‘‘(i) may be addressed in a timely and effi- or under subsection (c)(1), may not be used SA 648. Mr. PORTMAN (for himself cient manner by unilateral efforts of the to enforce the provisions under chapter 4 of and Mr. DURBIN) submitted an amend- Government of Ukraine; and title II of the Immigration and Nationality ment intended to be proposed by him ‘‘(ii) are unlikely to be sufficiently ad- Act (8 U.S.C. 1221 et seq.) relating to the re- to the bill S. 1790, to authorize appro- dressed solely through unilateral efforts. moval of undocumented aliens. priations for fiscal year 2020 for mili- ‘‘(D) An assessment of the capability gaps SA 646. Mrs. SHAHEEN (for herself, tary activities of the Department of and capacity shortfalls that may be addressed by the Ukraine Security Assistance Mr. ROUNDS, Mr. CASEY, and Ms. HAR- Defense, for military construction, and Initiative in a timely and efficient manner. RIS) submitted an amendment intended for defense activities of the Depart- ment of Energy, to prescribe military ‘‘(E) A plan to provide the necessary re- to be proposed by her to the bill S. 1790, sources for the Ukraine Security Assistance to authorize appropriations for fiscal personnel strengths for such fiscal Initiative in fiscal years 2020, 2021, and 2022 year 2020 for military activities of the year, and for other purposes; which was to meet the most critical capability gaps and Department of Defense, for military ordered to lie on the table; as follows: capacity shortfalls of the military forces of construction, and for defense activities Strike section 1234 and insert the fol- Ukraine.’’. of the Department of Energy, to pre- lowing: scribe military personnel strengths for SEC. 1234. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE SA 649. Mr. WICKER (for himself and such fiscal year, and for other pur- INITIATIVE. Ms. CANTWELL) submitted an amend- poses; which was ordered to lie on the Section 1250 of the National Defense Au- ment intended to be proposed by him table; as follows: thorization Act for Fiscal Year 2016 (Public to the bill S. 1790, to authorize appro- At the end of subtitle B of title XII, add Law 114–92; 129 Stat. 1068), as most recently the following: amended by section 1246 of the John S. priations for fiscal year 2020 for mili- SEC. 1226. EFFORTS TO ENSURE MEANINGFUL McCain National Defense Authorization Act tary activities of the Department of PARTICIPATION OF AFGHAN WOMEN for Fiscal Year 2019 (Public Law 115–232), is Defense, for military construction, and IN PEACE NEGOTIATIONS IN AF- further amended— for defense activities of the Depart- GHANISTAN. (1) in subsection (a), in the matter pre- (a) IN GENERAL.—The Secretary of State, ceding paragraph (1), by striking ‘‘in coordi- ment of Energy, to prescribe military in coordination with the Secretary of De- nation with the Secretary of State’’ and in- personnel strengths for such fiscal fense, shall carry out activities to ensure the serting ‘‘with the concurrence of the Sec- year, and for other purposes; which was meaningful participation of Afghan women retary of State’’; ordered to lie on the table; as follows: in the ongoing peace process in Afghanistan (2) in subsection (b)— in a manner consistent with the Women, (A) by amending paragraph (11) to read as Strike title XXXV and insert the fol- Peace, and Security Act of 2017 (22 U.S.C. follows: lowing:

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.047 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3669 TITLE XXXV—MARITIME ADMINISTRATION mines such equipment would result in a net to in this section as the ‘‘Academy’’) to SEC. 3501. SHORT TITLE. loss of jobs that relate to the movement of carry out the activities described in this sec- This title may be cited as the ‘‘Maritime goods through a port and its intermodal con- tion. Administration Authorization and Enhance- nections. (b) STUDY ELEMENTS.—In accordance with ment Act of 2019’’. SEC. 3512. MARITIME SECURITY PROGRAM. the agreement described in subsection (a), Subtitle A—Maritime Administration (a) AWARD OF OPERATING AGREEMENTS.— the Academy shall conduct a study of the United States Merchant Marine Academy SEC. 3511. AUTHORIZATION OF THE MARITIME Section 53103 of title 46, United States Code, ADMINISTRATION. is amended by striking ‘‘2025’’ each place it that consists of the following: (a) IN GENERAL.—There are authorized to appears and inserting ‘‘2035’’. (1) A comprehensive assessment of the be appropriated to the Department of Trans- (b) EFFECTIVENESS OF OPERATING AGREE- United States Merchant Marine Academy’s portation for fiscal year 2020, to be available MENTS.—Section 53104(a) of title 46, United systems, training, facilities, infrastructure, without fiscal year limitation if so provided States Code, is amended by striking ‘‘2025’’ information technology, and stakeholder en- in appropriations Acts, for programs associ- and inserting ‘‘2035’’. gagement. ated with maintaining the United States (c) PAYMENTS.—Section 53106(a)(1) of title (2) Identification of needs and opportuni- Merchant Marine, the following amounts: 46, United States Code, is amended— ties for modernization to help the United (1) For expenses necessary for operations of (1) in subparagraph (B), by striking ‘‘and’’ States Merchant Marine Academy keep pace the United States Merchant Marine Acad- after the semicolon; with more modern campuses. emy, $95,944,000, of which— (2) in subparagraph (C), by striking (3) Development of an action plan for the (A) $77,944,000 shall remain available until ‘‘$3,700,000 for each of fiscal years 2022, 2023, United States Merchant Marine Academy September 30, 2021 for Academy operations; 2024, and 2025.’’ and inserting ‘‘$5,233,463 for with specific recommendations for— and each of fiscal years 2022, 2023, 2024, and 2025; (A) improvements or updates relating to (B) $18,000,000 shall remain available until and’’; and the opportunities described in paragraph (2); expended for capital asset management at (3) by adding at the end the following: and the Academy. ‘‘(D) $5,233,463 for each of fiscal years 2026 (B) systemic changes needed to help the (2) For expenses necessary to support the through 2035.’’. United States Merchant Marine Academy State maritime academies, $50,280,000, of (d) AUTHORIZATION OF APPROPRIATIONS.— achieve its mission of inspiring and edu- which— Section 53111 of title 46, United States Code, cating the next generation of the mariner (A) $2,400,000 shall remain available until is amended— workforce on a long-term basis. September 30, 2021, for the Student Incentive (1) in paragraph (2), by striking ‘‘and’’ (c) DEADLINE AND REPORT.—Not later than Program; after the semicolon; 1 year after the date of the agreement de- (B) $6,000,000 shall remain available until (2) in paragraph (3), by striking scribed in subsection (a), the Academy shall expended for direct payments to such acad- ‘‘$222,000,000 for each fiscal year thereafter prepare and submit to the Administrator of emies; through fiscal year 2025.’’ and inserting the Maritime Administration a report con- (C) $30,080,000 shall remain available until ‘‘$314,007,780 for each of fiscal years 2022, 2023, taining the action plan described in sub- expended for maintenance and repair of 2024, and 2025; and’’; and section (b)(3), including specific findings and State maritime academy training vessels; (3) by adding at the end the following: recommendations. (D) $3,800,000 shall remain available until ‘‘(4) $314,007,780 for each of fiscal years 2026 SEC. 3516. GENERAL SUPPORT PROGRAM. expended for training ship fuel assistance; through 2035.’’. Section 51501 of title 46, United States and SEC. 3513. DEPARTMENT OF TRANSPORTATION Code, is amended by adding at the end the (E) $8,000,000 shall remain available until INSPECTOR GENERAL REPORT. following: expended for offsetting the costs of training The Inspector General of the Department ‘‘(c) NATIONAL MARITIME CENTERS OF EX- ship sharing. of Transportation shall— CELLENCE.—The Secretary shall designate (3) For expenses necessary to support the (1) not later than 180 days after the date of each State maritime academy as a National National Security Multi-Mission Vessel Pro- enactment of this title, initiate an audit of Maritime Center of Excellence.’’. gram, $600,000,000, which shall remain avail- the Maritime Administration’s actions to ad- SEC. 3517. MILITARY TO MARINER. able until expended. dress only those recommendations from (a) CREDENTIALING SUPPORT.—Not later (4) For expenses necessary to support Mari- Chapter 3 and recommendations 5-1, 5-2, 5-3, than 1 year after the date of enactment of time Administration operations and pro- 5-4, 5-5, and 5-6 identified by a National this title, the Secretary of Defense, the Sec- grams, $60,442,000, of which $5,000,000 shall re- Academy of Public Administration panel in retary of the Department in which the Coast main available until expended for activities the November 2017 report entitled ‘‘Maritime Guard operates, the Secretary of Commerce, authorized under section 50307 of title 46, Administration: Defining its Mission, Align- and the Secretary of Health and Human United States Code. ing its Programs, and Meeting its Objec- Services, with respect to the applicable serv- (5) For expenses necessary to dispose of tives’’; and ices in their respective departments, and in vessels in the National Defense Reserve (2) submit to the Committee on Commerce, coordination with one another and with the Fleet, $5,000,000, which shall remain avail- Science, and Transportation of the Senate United States Committee on the Marine able until expended. and the Committee on Transportation and Transportation System, and in consultation (6) For expenses necessary to maintain and Infrastructure of the House of Representa- with the Merchant Marine Personnel Advi- preserve a United States flag Merchant Ma- tives a report containing the results of that sory Committee, shall, consistent with appli- rine to serve the national security needs of audit once the audit is completed. cable law, identify all training and experi- the United States under chapter 531 of title SEC. 3514. APPOINTMENT OF CANDIDATES AT- ence within the applicable service that may 46, United States Code, $300,000,000, which TENDING SPONSORED PRE- qualify for merchant mariner credentialing, shall remain available until expended. PARATORY SCHOOL. and submit a list of all identified training (7) For expenses necessary for the loan Section 51303 of title 46, United State Code, and experience to the United States Coast guarantee program authorized under chapter is amended— Guard National Maritime Center for a deter- 537 of title 46, United States Code, $33,000,000, (1) by striking ‘‘The Secretary’’ and insert- mination of whether such training and expe- of which— ing the following: rience counts for credentialing purposes. (A) $30,000,000 may be used for the cost (as ‘‘(a) IN GENERAL.—The Secretary’’; and (b) REVIEW OF APPLICABLE SERVICE.—The defined in section 502(5) of the Federal Credit (2) by adding at the end the following: United States Coast Guard Commandant Reform Act of 1990 (2 U.S.C. 661a(5)) of loan ‘‘(b) APPOINTMENT OF CANDIDATES SE- shall make a determination of whether guarantees under the program, which shall LECTED FOR PREPARATORY SCHOOL SPONSOR- training and experience counts for remain available until expended; and SHIP.—The Secretary of Transportation may credentialing purposes, as described in sub- (B) $3,000,000 may be used for administra- appoint each year as cadets at the United section (a), not later than 6 months after the tive expenses relating to loan guarantee States Merchant Marine Academy not more date on which the United States Coast Guard commitments under the program. than 40 qualified individuals sponsored by National Maritime Center receives a submis- (8) For expenses necessary to provide as- the Academy to attend preparatory school sion under subsection (a) identifying a train- sistance to small shipyards and for maritime during the academic year prior to entrance ing or experience and requesting such a de- training programs under section 54101 of title in the Academy, and who have successfully termination. 46, United States Code, $40,000,000, which met the terms and conditions of sponsorship (c) FEES AND SERVICES.—The Secretary of shall remain available until expended. set by the Academy.’’. Defense, the Secretary of the Department in (9) For expenses necessary to implement SEC. 3515. INDEPENDENT STUDY ON THE UNITED which the Coast Guard operates, and the the Port and Intermodal Improvement Pro- STATES MERCHANT MARINE ACAD- Secretary of Commerce, with respect to the gram, $600,000,000, except that no funds shall EMY. applicable services in their respective de- be used for a grant award to purchase fully (a) IN GENERAL.—Not later than 180 days partments, shall— automated cargo handling equipment that is after the date of enactment of this title, the (1) take all necessary and appropriate ac- remotely operated or remotely monitored Secretary of Transportation shall seek to tions to provide for the waiver of fees with or without the exercise of human inter- enter into an agreement with the National through the National Maritime Center li- vention or control, if the Secretary deter- Academy of Public Administration (referred cense evaluation, issuance, and examination

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.049 S18JNPT1 S3670 CONGRESSIONAL RECORD — SENATE June 18, 2019 for members of the uniformed services on ac- projects, activities, and expenses related to aged vessels, cargoes, or properties owned or tive duty, if a waiver is authorized and ap- the National Defense Reserve Fleet or mari- insured by or on behalf of the Maritime Ad- propriate, and, if a waiver is not granted, time-related services: ministration, the United States Shipping take all necessary and appropriate actions to ‘‘(A) Federal entities are authorized to Board, the U.S. Shipping Bureau, the United provide for the payment of fees for members transfer funds to the Secretary in advance of States Maritime Commission, or the War of the uniformed services on active duty by expenditure or upon providing the goods or Shipping Administration. the applicable service to the fullest extent services ordered, as determined by the Sec- ‘‘(f) MILITARY CRAFT.—The Secretary of permitted by law; retary. Transportation shall consult with the Sec- (2) direct the applicable services to take all ‘‘(B) The Secretary shall determine all retary of the military department concerned necessary and appropriate actions to provide other terms and conditions under which such prior to engaging in or authorizing any ac- for Transportation Worker Identification payments should be made and provide such tivity under subsection (e) that will disturb Credential cards for members of the uni- goods and services using its existing or new sunken military craft, as defined in title XIV formed services on active duty pursuing or contracts, including general agency agree- of the Ronald W. Reagan National Defense possessing a mariner credential, such as im- ments, memoranda of understanding, or Authorization Act for Fiscal Year 2005 (10 plementation of an equal exchange process similar agreements. U.S.C. 113 note). for active duty service members at no or ‘‘(2) REIMBURSABLE AGREEMENT WITH A FED- ‘‘(g) RECOVERIES.—Notwithstanding other minimal cost; ERAL ENTITY.— provisions of law, the net proceeds from sal- (3) ensure that members of the applicable ‘‘(A) IN GENERAL.—The Maritime Adminis- vage agreements entered into as authorized services who are to be discharged or released tration is authorized to provide maritime-re- in subsection (e) shall remain available until from active duty and who request certifi- lated services and goods under a reimburs- expended and be distributed as follows for cation or verification of sea service be pro- able agreement with a Federal entity. marine insurance-related salvages: vided such certification or verification no ‘‘(B) MARITIME-RELATED SERVICES DE- ‘‘(1) Fifty percent of the net funds recov- later than one month after discharge or re- FINED.—For the purposes of this subsection, ered shall be deposited in the war risk release; maritime-related services includes the acqui- volving fund and shall be available for the (4) ensure the applicable services have de- sition, procurement, operation, mainte- purposes of the war risk revolving fund. veloped, or continue to operate, as appro- nance, preservation, sale, lease, charter, con- ‘‘(2) Fifty percent of the net funds recov- priate, the online resource known as struction, reconstruction, or reconditioning ered shall be deposited in the Vessel Oper- Credentialing Opportunities On-Line to sup- (including outfitting and equipping inci- ations Revolving Fund as established by sec- port separating members of the uniformed dental to construction, reconstruction, or re- tion 50301(a) of this title and shall be avail- services who are seeking information and as- conditioning) of a merchant vessel or ship- able until expended as follows: sistance on merchant mariner credentialing; yard, ship site, terminal, pier, dock, ware- ‘‘(A) Fifty percent shall be available to the and house, or other installation related to the Administrator of the Maritime Administra- (5) not later than 1 year after the date of maritime operations of a Federal entity. tion for such acquisition, maintenance, re- enactment of this section, take all necessary ‘‘(3) SALVAGING CARGOES.— pair, reconditioning, or improvement of ves- and appropriate actions to review and imple- ‘‘(A) IN GENERAL.—The Maritime Adminis- sels in the National Defense Reserve Fleet as ment service-related medical certifications tration may provide services and purchase is authorized under other Federal law. to merchant mariner credential require- goods relating to the salvaging of cargoes ‘‘(B) Twenty-five percent shall be available ments. aboard vessels in the custody or control of to the Administrator of the Maritime Ad- (d) ADVANCING MILITARY TO MARINER WITH- the Maritime Administration or its prede- ministration for the payment or reimburse- IN THE EMPLOYER AGENCIES.— cessor agencies and receive and retain reim- ment of expenses incurred by or on behalf of (1) IN GENERAL.—The Secretary of Defense, bursement from Federal entities for all such State maritime academies or the United the Secretary of the Department in which costs as it may incur. States Merchant Marine Academy for facil- the Coast Guard operates, and the Secretary ‘‘(B) REIMBURSEMENT.—Reimbursement as ity and training ship maintenance, repair, of Commerce shall have direct hiring author- provided for in subparagraph (A) may come and modernization, and for the purchase of ity to employ separated members of the uni- from— simulators and fuel. formed services with valid merchant mariner ‘‘(i) the proceeds recovered from such sal- ‘‘(C) The remainder shall be distributed for licenses or sea service experience in support vage; or maritime heritage preservation to the De- of United States national maritime needs, ‘‘(ii) the Federal entity for which the Mari- partment of the Interior for grants as au- including the Army Corps of Engineers, U.S. time Administration has or will provide such thorized by section 308703 of title 54.’’. Customs and Border Protection, and the Na- goods and services, depending on the agree- SEC. 3520. PORT OPERATIONS, RESEARCH, AND tional Oceanic and Atmospheric Administra- ment of the parties involved. TECHNOLOGY. tion. ‘‘(4) AMOUNTS RECEIVED.—Amounts re- (a) SHORT TITLE.—This section may be (2) APPOINTMENTS OF RETIRED MEMBERS OF ceived as reimbursements under this sub- cited as the ‘‘Ports Improvement Act’’. THE ARMED FORCES.—Except in the case of po- section shall be credited to the fund or ac- (b) PORT AND INTERMODAL IMPROVEMENT sitions in the Senior Executive Service, the count that was used to cover the costs in- PROGRAM.—Section 50302 of title 46, United requirements of section 3326(b) of title 5, curred by the Secretary or, if the period of States Code, is amended by striking sub- United States Code, shall not apply with re- availability of obligations for that appro- section (c) and inserting the following: ‘‘(c) PORT AND INTERMODAL IMPROVEMENT spect to the hiring of a separated member of priation has expired, to the appropriation of PROGRAM.— the uniformed services under paragraph (1). funds that is currently available to the Sec- ‘‘(1) GENERAL AUTHORITY.—Subject to the (e) SEPARATED MEMBER OF THE UNIFORMED retary for substantially the same purpose. availability of appropriations, the Secretary SERVICES.—In this section, the term ‘‘sepa- Amounts so credited shall be merged with rated member of the uniformed services’’ amounts in such fund or account and shall be of Transportation shall make grants, on a means an individual who— available for the same purposes, and subject competitive basis, to eligible applicants to (1) is retiring or is retired as a member of to the same conditions and limitations, as assist in funding eligible projects for the pur- the uniformed services; amounts in such fund or account. pose of improving the safety, efficiency, or reliability of the movement of goods through (2) is voluntarily separating or voluntarily ‘‘(5) ADVANCE PAYMENTS.—Payments made separated from the uniformed services at the in advance shall be for any part of the esti- ports and intermodal connections to ports. end of enlistment or service obligation; or mated cost as determined by the Secretary ‘‘(2) ELIGIBLE APPLICANT.—The Secretary (3) is administratively separating or has of Transportation. Adjustments to the may make a grant under this subsection to administratively separated from the uni- amounts paid in advance shall be made as the following: formed services with an honorable or general agreed to by the Secretary of Transportation ‘‘(A) A State. discharge characterization. and the head of the ordering agency or unit ‘‘(B) A political subdivision of a State, or a local government. SEC. 3518. SALVAGE RECOVERIES OF FEDERALLY based on the actual cost of goods or services OWNED CARGOES. provided. ‘‘(C) A public agency or publicly chartered authority established by 1 or more States. Section 57100 of title 46, United States ‘‘(6) BILL OR REQUEST FOR PAYMENT.—A bill Code, is amended by adding at the end the submitted or a request for payment is not ‘‘(D) A special purpose district with a following: subject to audit or certification in advance transportation function. ‘‘(h) FUNDS TRANSFER AUTHORITY RELATED of payment.’’. ‘‘(E) An Indian Tribe (as defined in section TO THE USE OF NATIONAL DEFENSE RESERVE 4 of the Indian Self-Determination and Edu- SEC. 3519. SALVAGE RECOVERIES FOR SUB- FLEET VESSELS AND THE PROVISION OF MARI- ROGATED OWNERSHIP OF VESSELS cation Assistance Act (25 U.S.C. 5304), with- TIME-RELATED SERVICES.— AND CARGOES. out regard to capitalization), or a consor- ‘‘(1) IN GENERAL.—When the Secretary of Section 53909 of title 46, United States tium of Indian Tribes. Transportation provides for the use of its Code, is amended by adding at the end the ‘‘(F) A multistate or multijurisdictional vessels or maritime-related services and following: group of entities described in this paragraph. goods under a reimbursable agreement with ‘‘(e) SALVAGE AGREEMENTS.—The Secretary ‘‘(G) A lead entity described in subpara- a Federal entity, or State or local entity, au- of Transportation is authorized to enter into graph (A), (B), (C), (D), (E), or (F) jointly thorized to receive goods and services from marine salvage agreements for the recov- with a private entity or group of private en- the Maritime Administration for programs, eries, sale, and disposal of sunken or dam- tities.

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‘‘(3) ELIGIBLE PROJECTS.—The Secretary ‘‘(iii) the public benefits of the funds construed to affect existing authorities to may make a grant under this subsection— awarded under this subsection. conduct port infrastructure programs in— ‘‘(A) for a project, or package of projects, ‘‘(C) SMALL PROJECTS.—The Secretary may ‘‘(A) Hawaii, as authorized by section 9008 that— waive the cost-benefit analysis under sub- of the SAFETEA-LU Act (Public Law 109–59; ‘‘(i) is either— paragraph (A)(ii), and establish a simplified, 119 Stat. 1926); ‘‘(I) within the boundary of a port; or alternative basis for determining whether a ‘‘(B) Alaska, as authorized by section 10205 ‘‘(II) outside the boundary of a port, but is project is cost effective, for a small project of the SAFETEA-LU Act (Public Law 109–59; directly related to port operations or to an described in paragraph (7)(B). 119 Stat. 1934); or intermodal connection to a port; and ‘‘(7) ALLOCATION OF FUNDS.— ‘‘(C) Guam, as authorized by section 3512 of ‘‘(ii) will be used to improve the safety, ef- ‘‘(A) GEOGRAPHIC DISTRIBUTION.—Not more the Duncan Hunter National Defense Au- ficiency, or reliability of— than 25 percent of the amounts made avail- thorization Act for Fiscal Year 2009 (48 ‘‘(I) the loading and unloading of goods at able for grants under this subsection for a U.S.C. 1421r). the port, such as for marine terminal equip- fiscal year may be used to make grants for ‘‘(12) ADMINISTRATION.— ment; projects in any 1 State. ‘‘(A) ADMINISTRATIVE AND OVERSIGHT ‘‘(II) the movement of goods into, out of, ‘‘(B) SMALL PROJECTS.—The Secretary shall COSTS.—The Secretary may retain not more around, or within a port, such as for highway reserve 25 percent of the amounts made than 2 percent of the amounts appropriated or rail infrastructure, intermodal facilities, available for grants under this subsection for each fiscal year under this subsection for freight intelligent transportation systems, each fiscal year to make grants for eligible the administrative and oversight costs in- and digital infrastructure systems; or projects described in paragraph (3)(A) that curred by the Secretary to carry out this ‘‘(III) environmental mitigation measures request the lesser of— subsection. and operational improvements directly re- ‘‘(i) 10 percent of the amounts made avail- ‘‘(B) AVAILABILITY.— lated to enhancing the efficiency of ports able for grants under this subsection for a ‘‘(i) IN GENERAL.—Amounts appropriated and intermodal connections to ports; or fiscal year; or for carrying out this subsection shall remain ‘‘(B) notwithstanding paragraph (6)(A)(v), ‘‘(ii) $11,000,000. available until expended. to provide financial assistance to 1 or more ‘‘(C) DEVELOPMENT PHASE ACTIVITIES.—Not ‘‘(ii) UNEXPENDED FUNDS.—Amounts award- projects under subparagraph (A) for develop- more than 10 percent of the amounts made ed as a grant under this subsection that are ment phase activities, including planning, not expended by the grantee during the 5- feasibility analysis, revenue forecasting, en- available for grants under this subsection for a fiscal year may be used to make grants for year period following the date of the award vironmental review, permitting, and prelimi- shall remain available to the Secretary for nary engineering and design work. development phase activities under paragraph (3)(B). use for grants under this subsection in a sub- ‘‘(4) PROHIBITED USES.—A grant award sequent fiscal year. under this subsection may not be used— ‘‘(8) FEDERAL SHARE OF TOTAL PROJECT ‘‘(13) DEFINITIONS.—In this subsection: ‘‘(A) to finance or refinance the construc- COSTS.— ‘‘(A) APPROPRIATE COMMITTEES OF CON- tion, reconstruction, reconditioning, or pur- ‘‘(A) TOTAL PROJECT COSTS.—To be eligible GRESS.—The term ‘appropriate committees chase of a vessel that is eligible for such as- for a grant under this subsection, an eligible applicant shall submit to the Secretary an of Congress’ means— sistance under chapter 537, unless the Sec- ‘‘(i) the Committee on Commerce, Science, retary determines such vessel— estimate of the total costs of a project under and Transportation of the Senate; and ‘‘(i) is necessary for a project described in this subsection based on the best available ‘‘(ii) the Committee on Transportation and paragraph (3)(A)(ii)(III) of this subsection; information, including any available engi- Infrastructure of the House of Representa- and neering studies, studies of economic feasi- tives. ‘‘(ii) is not receiving assistance under bility, environmental analyses, and informa- ‘‘(B) PORT.—The term ‘port’ includes— chapter 537; or tion on the expected use of equipment or fa- ‘‘(i) a seaport; and ‘‘(B) for any project within a small ship- cilities. ‘‘(ii) an inland waterways port. yard (as defined in section 54101). ‘‘(B) FEDERAL SHARE.— ‘‘(C) PROJECT.—The term ‘project’ includes ‘‘(5) APPLICATIONS AND PROCESS.— ‘‘(i) IN GENERAL.—Except as provided in construction, reconstruction, environmental ‘‘(A) APPLICATIONS.—To be eligible for a clause (ii), the Federal share of the total grant under this subsection, an eligible ap- costs of a project under this subsection shall rehabilitation, acquisition of property, in- plicant shall submit to the Secretary an ap- not exceed 80 percent. cluding land related to the project and im- plication in such form, at such time, and ‘‘(ii) RURAL AREAS.—The Secretary may in- provements to the land, equipment acquisi- containing such information as the Sec- crease the Federal share of costs above 80 tion, and operational improvements. retary considers appropriate. percent for a project located in a rural area. ‘‘(D) RURAL AREA.—The term ‘rural area’ ‘‘(B) SOLICITATION PROCESS.—Not later than ‘‘(9) PROCEDURAL SAFEGUARDS.—The Sec- means an area that is outside an urbanized 60 days after the date that amounts are made retary shall issue guidelines to establish ap- area. available for grants under this subsection for propriate accounting, reporting, and review ‘‘(d) ADDITIONAL AUTHORITY OF THE SEC- a fiscal year, the Secretary shall solicit procedures to ensure that— RETARY.—In carrying out this section, the grant applications for eligible projects in ac- ‘‘(A) grant funds are used for the purposes Secretary may— cordance with this subsection. for which those funds were made available; ‘‘(1) receive funds from a Federal or non- ‘‘(6) PROJECT SELECTION CRITERIA.— ‘‘(B) each grantee properly accounts for all Federal entity that has a specific agreement ‘‘(A) IN GENERAL.—The Secretary may se- expenditures of grant funds; and with the Secretary to further the purposes of lect a project described in paragraph (3) for ‘‘(C) grant funds not used for such purposes this section; funding under this subsection if the Sec- and amounts not obligated or expended are ‘‘(2) coordinate with other Federal agencies retary determines that— returned. to expedite the process established under the ‘‘(i) the project improves the safety, effi- ‘‘(10) CONDITIONS.— National Environmental Policy Act of 1969 ciency, or reliability of the movement of ‘‘(A) IN GENERAL.—The Secretary shall re- (42 U.S.C. 4321 et seq.) for the improvement goods through a port or intermodal connec- quire as a condition of making a grant under of port facilities to improve the efficiency of tion to a port; this subsection that a grantee— the transportation system, to increase port ‘‘(ii) the project is cost effective; ‘‘(i) maintain such records as the Secretary security, or to provide greater access to port ‘‘(iii) the eligible applicant has authority considers necessary; facilities; to carry out the project; ‘‘(ii) make the records described in clause ‘‘(3) seek to coordinate all reviews or re- ‘‘(iv) the eligible applicant has sufficient (i) available for review and audit by the Sec- quirements with appropriate Federal, State, funding available to meet the matching re- retary; and and local agencies; and quirements under paragraph (8); ‘‘(iii) periodically report to the Secretary ‘‘(4) in addition to any financial assistance ‘‘(v) the project will be completed without such information as the Secretary considers provided under subsection (c), provide such unreasonable delay; and necessary to assess progress. technical assistance to port authorities or ‘‘(vi) the project cannot be easily and effi- ‘‘(B) LABOR.—The Federal wage rate re- commissions or their subdivisions and agents ciently completed without Federal funding quirements of subchapter IV of chapter 31 of as needed for project planning, design, and or financial assistance available to the title 40 shall apply, in the same manner as construction.’’. project sponsor. such requirements apply to contracts subject ‘‘(B) ADDITIONAL CONSIDERATIONS.—In se- to such subchapter, to— (c) SAVINGS CLAUSE.—A repeal made by lecting projects described in paragraph (3) ‘‘(i) each project for which a grant is pro- subsection (b) of this section shall not affect for funding under this subsection, the Sec- vided under this subsection; and amounts apportioned or allocated before the retary shall give substantial weight to— ‘‘(ii) all portions of a project described in effective date of the repeal. Such appor- ‘‘(i) the utilization of non-Federal con- clause (i), regardless of whether such a por- tioned or allocated funds shall continue to be tributions; tion is funded using— subject to the requirements to which the ‘‘(ii) the net benefits of the funds awarded ‘‘(I) other Federal funds; or funds were subject under section 50302(c) of under this subsection, considering the cost- ‘‘(II) non-Federal funds. title 46, United States Code, as in effect on benefit analysis of the project, as applicable; ‘‘(11) LIMITATION ON STATUTORY CONSTRUC- the day before the date of enactment of this and TION.—Nothing in this subsection shall be title.

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SEC. 3521. ASSESSMENT AND REPORT ON STRA- ‘‘(e) LIMITATIONS ON THE USE OF FUNDS.—. SEC. 3524. IMPROVEMENT OF NATIONAL OCEANO- TEGIC SEAPORTS. Not more than 3 percent of funds appro- GRAPHIC PARTNERSHIP PROGRAM. (a) IN GENERAL.—Not later than 90 days priated to carry out this program may be (a) ADDITIONAL MEANS OF ACHIEVEMENT OF after the date of the enactment of this title, used for administrative purposes.’’. GOALS OF PROGRAM THROUGH OCEANOGRAPHIC the Secretary of Defense shall submit to the SEC. 3523. REQUIREMENT FOR SMALL SHIPYARD EFFORTS.—Section 8931(b)(2)(A) of title 10, congressional defense committees a report GRANTEES. United States Code, is amended— on port facilities used for military purposes Section 54101(d) of title 46, United States (1) by inserting ‘‘, creating,’’ after ‘‘identi- at ports designated by the Department of De- Code, is amended— fying’’; and fense as strategic seaports. (1) by striking ‘‘Grants awarded’’ and in- (2) by inserting ‘‘science,’’ after ‘‘areas of’’. (b) ELEMENTS.—The report required by sub- serting the following: (b) NATIONAL OCEAN RESEARCH LEADERSHIP section (a) shall include, with respect to port ‘‘(1) IN GENERAL.—Grants awarded’’; and facilities included in the report, the fol- COUNCIL MEMBERSHIP.—Section 8932 of title (2) by adding at the end the following: 10, United States Code, is amended— lowing: ‘‘(2) BUY AMERICA.— (1) An assessment whether there are struc- (1) by redesignating subsections (f) through ‘‘(A) IN GENERAL.—Subject to subparagraph (h) as subsections (g) through (i), respec- tural integrity or other deficiencies in such (B), no funds may be obligated by the Admin- facilities. tively; istrator of the Maritime Administration (2) in subsection (b)— (2) If there are such deficiencies— under this section, unless each product and (A) an assessment of infrastructure im- (A) by striking paragraph (10); material purchased with those funds (includ- (B) by redesignating paragraphs (11) provements to such facilities that would be ing products and materials purchased by a through (14) as paragraphs (12) through (15), needed to meet, directly or indirectly, na- grantee), and including any commercially respectively; and tional security and readiness requirements; available off-the-shelf item, is— (C) by inserting after paragraph (9) the fol- (B) an assessment of the impact on oper- ‘‘(i) an unmanufactured article, material, lowing new paragraphs: ational readiness of the Armed Forces if such or supply that has been mined or produced in ‘‘(10) The Director of the Bureau of Ocean improvements are not undertaken; and the United States; or Energy Management of the Department of (C) an identification of, to the maximum ‘‘(ii) a manufactured article, material, or the Interior. extent practical, all potential funding supply that has been manufactured in the ‘‘(11) The Director of the Bureau of Safety sources for such improvements from existing United States substantially all from articles, and Environmental Enforcement of the De- authorities. materials, or supplies mined, produced, or (3) An identification of the support that manufactured in the United States. partment of the Interior.’’; (3) in subsection (d)— would be appropriate for the Department of ‘‘(B) EXCEPTIONS.— (A) in paragraph (2)— Defense to provide in the execution of the ‘‘(i) IN GENERAL.—Notwithstanding sub- Secretary of Transportation’s responsibil- paragraph (A), the requirements of that sub- (i) in subparagraph (B), by striking ‘‘broad ities under section 50302 of title 46, United paragraph shall not apply with respect to a participation within the oceanographic com- States Code, with respect to such facilities. particular product or material if the Admin- munity’’ and inserting ‘‘appropriate partici- (4) If additional statutory or administra- istrator determines— pation within the oceanographic community, tive authorities would be required for the ‘‘(I) that the application of those require- which may include public, academic, com- provision of support as described in para- ments would be inconsistent with the public mercial, and private participation or sup- graph (3), recommendations for legislative or interest; port’’; and administrative action to establish such au- ‘‘(II) that such product or material is not (ii) in subparagraph (E), by striking thorities. available in the United States in sufficient ‘‘peer’’; and (c) CONSULTATION.—The Secretary of De- and reasonably available quantities, of a sat- (B) in paragraph (3), by striking subpara- fense shall prepare the report required by isfactory quality, or on a timely basis; or graph (D) and inserting the following: subsection (a) in consultation with the Mari- ‘‘(III) that inclusion of a domestic product ‘‘(D) Preexisting facilities, such as regional time Administrator and the individual re- or material will increase the cost of that data centers operated by the Integrated sponsible for each port facility described in product or material by more than 25 percent, Ocean Observing System, and expertise.’’; such subsection. with respect to a certain contract between a (4) in subsection (e)— SEC. 3522. MARITIME TECHNICAL ASSISTANCE grantee and that grantee’s supplier. (A) in the subsection heading by striking PROGRAM. ‘‘(ii) FEDERAL REGISTER.—A determination ‘‘REPORT’’ and inserting ‘‘BRIEFING’’; Section 50307 of title 46, United States made by the Administrator under this sub- (B) in the matter preceding paragraph (1), Code, is amended— paragraph shall be published in the Federal by striking ‘‘to Congress a report’’ and in- (1) in subsection (a), by striking ‘‘The Sec- Register. serting ‘‘to the Committee on Commerce, retary of Transportation may engage in the ‘‘(C) DEFINITIONS.—ln this paragraph: Science, and Transportation of the Senate, environmental study’’ and inserting ‘‘The ‘‘(i) The term ‘commercially available off- the Committee on Armed Services of the Maritime Administrator, on behalf of the the-shelf item’ means— Senate, the Committee on Energy and Nat- Secretary of Transportation, shall engage in ‘‘(I) any item of supply (including con- ural Resources of the Senate, the Committee the study’’; struction material) that is— on Natural Resources of the House of Rep- (2) in subsection (b)— ‘‘(aa) a commercial item, as defined by sec- resentatives, and the Committee on Armed (A) in the matter preceding paragraph (1), tion 2.101 of title 48, Code of Federal Regula- Services of the House of Representatives a by striking ‘‘may’’ and inserting ‘‘shall’’; tions (as in effect on the date of enactment briefing’’; and of the Maritime Administration Authoriza- (C) by striking ‘‘report’’ and inserting (B) in paragraph (1)— tion and Enhancement Act of 2019); and ‘‘briefing’’ each place the term appears; (i) in the matter preceding subparagraph ‘‘(bb) sold in substantial quantities in the (D) by striking paragraph (4) and inserting (A), by striking ‘‘that are likely to achieve commercial marketplace; and the following: environmental improvements by’’ and insert- ‘‘(II) does not include bulk cargo, as de- ‘‘(4) A description of the involvement of ing ‘‘to improve’’; fined in section 40102(4) of this title, such as Federal agencies and non-Federal contribu- (ii) by redesignating subparagraphs (A) agricultural products and petroleum prod- tors participating in the program.’’; and through (C) as clauses (i) through (iii), re- ucts. (E) in paragraph (5), by striking ‘‘and the spectively; ‘‘(ii) The term ‘product or material’ means estimated expenditures under such pro- (iii) by inserting before clause (i), the fol- an article, material, or supply brought to the grams, projects, and activities during such lowing: site by the recipient for incorporation into following fiscal year’’ and inserting ‘‘and the ‘‘(A) environmental performance to meet the building, work, or project. The term also estimated expenditures under such pro- United States Federal and international includes an item brought to the site grams, projects, and activities of the pro- standards and guidelines, including—’’; and preassembled from articles, materials, or gram during such following fiscal year’’; (iv) in clause (iii), as redesignated by supplies. However, emergency life safety sys- (5) by inserting after subsection (e) the fol- clause (ii), by striking ‘‘species; and’’ and all tems, such as emergency lighting, fire alarm, lowing: that follows through the end of the sub- and audio evacuation systems, that are dis- ‘‘(f) REPORT.—Not later than March 1 of section and inserting ‘‘species; or crete systems incorporated into a public each year, the Council shall publish on a ‘‘(iv) reducing propeller cavitation; and building or work and that are produced as publically available website a report summa- ‘‘(B) the efficiency and safety of domestic complete systems, are evaluated as a single rizing the briefing described in subsection maritime industries; and and distinct construction material regard- (e).’’; ‘‘(2) coordinate with the Environmental less of when or how the individual parts or (6) in subsection (g), as redesignated by Protection Agency, the Coast Guard, and components of those systems are delivered to paragraph (1)— other Federal, State, local, or tribal agen- the construction site. (A) by striking paragraph (1) and inserting cies, as appropriate.’’. ‘‘(iii) The term ‘United States’ includes the the following: (3) in subsection (c)(2), by striking ‘‘bene- District of Columbia, the Commonwealth of ‘‘(1) The Secretary of the Navy shall estab- fits’’ and inserting ‘‘or other benefits to do- Puerto Rico, the Northern Mariana Islands, lish an office to support the National Ocean- mestic maritime industries’’; and Guam, American Samoa, and the Virgin Is- ographic Partnership Program. The Council (4) by adding at the end the following: lands.’’. shall use competitive procedures in selecting

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.049 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3673 an operator for the partnership program of- terest of the guaranteed obligations issued (1) in subsection (a)(1)(A)— fice.’’; and under this chapter.’’. (A) in the matter preceding clause (i), by (B) in paragraph (2)(B), by inserting ‘‘, (c) APPLICATION AND ADMINISTRATION.— striking ‘‘(including an eligible export ves- where appropriate,’’ before ‘‘managing’’; and Section 53703 of title 46, United States Code, sel);’’ (7) by amending subsection (h), as redesig- is amended— (B) in clause (iv) by adding ‘‘or’’ after the nated by paragraph (1), to read as follows: (1) in the section heading, by striking semicolon; ‘‘(h) CONTRACT AND GRANT AUTHORITY.— ‘‘procedures’’ and inserting ‘‘and administra- (C) in clause (v), by striking ‘‘; or’’ and in- ‘‘(1) IN GENERAL.—To carry out the pur- tion’’; serting a period; and poses of the National Oceanographic Part- (2) by adding at the end the following: (D) by striking clause (vi); and nership Program, the Council shall have, in ‘‘(c) INDEPENDENT ANALYSIS.— (2) in subsection (c)(1)— addition to other powers otherwise given it ‘‘(1) IN GENERAL.—To assess and mitigate (A) in subparagraph (A), by striking ‘‘and’’ under this chapter, the following authorities: the risks due to factors associated with mar- after the semicolon; ‘‘(A) To authorize one or more of the de- kets, technology, financial, or legal struc- (B) in subparagraph (B)(ii), by striking the partments or agencies represented on the tures related to an application or guarantee period at the end and inserting ‘‘; and’’; and Council to enter into contracts and make under this chapter, the Secretary or Admin- (C) by adding at the end the following: grants or cooperative agreements, and estab- istrator may utilize third party experts, in- ‘‘(C) after applying subparagraphs (A) and lish and manage new collaborative programs cluding legal counsel, to— (B), Vessels of National Interest.’’. as considered appropriate, to address emerg- ‘‘(A) process and review applications under (f) AMOUNT OF OBLIGATIONS.—Section this chapter, including conducting inde- ing science priorities using both donated and 53709(b) of title 46, United States Code, is pendent analysis and review of aspects of an appropriated funds. amended— application; ‘‘(B) To authorize the program office under (1) by striking paragraphs (3) and (6); and ‘‘(B) represent the Secretary or Adminis- subsection (g), on behalf of and subject to (2) by redesignating paragraphs (4) and (5) trator in structuring and documenting the the direction and approval of the Council, to as paragraphs (3) and (4), respectively. accept funds, including fines and penalties, obligation guarantee; (g) CONTENTS OF OBLIGATIONS.—Section from other Federal and State departments ‘‘(C) analyze and review aspects of, struc- 53710 of title 46, United States Code, is and agencies. ture, and document the obligation guarantee amended— ‘‘(C) To authorize the program office, on during the term of the guarantee; (1) in subsection (a)(4)— behalf of and subject to the direction and ap- ‘‘(D) recommend financial covenants or fi- (A) in subparagraph (A)— proval of the Council, to award grants and nancial ratios to be met by the applicant (i) by striking ‘‘or, in the case of’’ and all enter into contracts for purposes of the Na- during the time a guarantee under this chap- that follows through ‘‘party’’; and tional Oceanographic Partnership Program. ter is outstanding that are— (ii) by striking ‘‘and’’ after the semicolon; ‘‘(D) To transfer funds to other Federal and ‘‘(i) based on the financial covenants or fi- and State departments and agencies in further- nancial ratios, if any, that are then applica- (B) in subparagraph (B), by striking the pe- ance of the purposes of the National Oceano- ble to the obligor under private sector credit riod at the end and inserting ‘‘; and’’; and graphic Partnership Program. agreements; and (C) by adding at the end the following: ‘‘(E) To authorize one or more of the de- ‘‘(ii) in lieu of other financial covenants ‘‘(C) documented under the laws of the partments or agencies represented on the applicable to the obligor under this chapter United States for the term of the guarantee Council to enter into contracts and make with respect to requirements regarding long- of the obligation or until the obligation is grants, for the purpose of implementing the term debt-to-equity, minimum working cap- paid in full, whichever is sooner.’’; and National Oceanographic Partnership Pro- ital, or minimum amount of equity; and (2) in subsection (c)— gram and carrying out the responsibilities of ‘‘(E) represent the Secretary or Adminis- (A) in the subsection heading, by inserting the Council. trator to protect the security interests of ‘‘AND PROVIDE FOR THE FINANCIAL STABILITY ‘‘(F) To use, with the consent of the head the Government relating to an obligation OF THE OBLIGOR’’ after ‘‘INTERESTS’’; of the agency or entity concerned, on a non- guarantee. (B) by striking ‘‘provisions for the protec- reimbursable basis, the land, services, equip- ‘‘(2) PRIVATE SECTOR EXPERT.—Independent tion of’’ and inserting ‘‘provisions, which ment, personnel, facilities, advice, and infor- analysis, review, and representation con- shall include— mation provided by a Federal agency or enti- ducted under this subsection shall be per- ‘‘(1) provisions for the protection of’’; ty, State, local government, Tribal govern- formed by a private sector expert in the ap- (C) by striking ‘‘, and other matters that ment, territory, or possession, or any sub- plicable field who is selected by the Sec- the Secretary or Administrator may pre- divisions thereof, or the District of Columbia retary or Administrator. scribe.’’ and inserting, ‘‘; and’’; and as may be helpful in the performance of the ‘‘(d) VESSELS OF NATIONAL INTEREST.— (D) by adding at the end the following: duties of the Council. ‘‘(1) NOTICE OF FUNDING.—The Secretary or ‘‘(2) any other provisions that the Sec- ‘‘(2) FUNDS TRANSFERRED.—Funds identi- Administrator may post a notice in the Fed- retary or Administrator may prescribe.’’. fied for direct support of National Oceano- eral Register regarding the availability of (h) ADMINISTRATIVE FEES.—Section 53713 of graphic Partnership Program grants are au- funding for obligation guarantees under this title 46, United States Code, is amended— thorized for transfer between agencies and chapter for the construction, reconstruction, (1) in subsection (a)— are exempt from section 1535 of title 31, or reconditioning of a Vessel of National In- (A) in the matter preceding paragraph (1), United States Code (commonly known as the terest and include a timeline for the submis- by striking ‘‘reasonable for—’’ and inserting ‘‘Economy Act of 1932’’).’’. sion of applications for such vessels. (c) OCEAN RESEARCH ADVISORY PANEL.— ‘‘(2) VESSEL CHARACTERISTICS.— ‘‘ reasonable for processing the application Section 8933(a)(4) of title 10, United States ‘‘(A) IN GENERAL.—The Secretary or Ad- and monitoring the loan guarantee, includ- Code, is amended by striking ‘‘State govern- ministrator, in consultation with the Sec- ing for—’’; ments’’ and inserting ‘‘State and Tribal gov- retary of Defense, the Secretary of the De- (B) in paragraph (4), by striking ‘‘; and’’ ernments’’. partment in which the Coast Guard Oper- and inserting ‘‘or a deposit fund under sec- SEC. 3525. IMPROVEMENTS TO THE MARITIME ates, or the heads of other Federal agencies, tion 53716 of this title;’’; GUARANTEED LOAN PROGRAM. shall develop and publish a list of vessel (C) in paragraph (5), by striking the period (a) DEFINITIONS.—Section 53701 of title 46, types that would be considered Vessels of at the end and inserting ‘‘; and’’; and United States Code, is amended— National Interest. (D) by adding at the end the following: (1) by striking paragraph (5); ‘‘(B) REVIEW.—Such list shall be reviewed ‘‘(6) monitoring and providing services re- (2) by redesignating paragraphs (6) through and revised every 4 years or as necessary, as lated to the obligor’s compliance with any (15) as paragraphs (5) through (14), respec- determined by the Administrator.’’. terms related to the obligations, the guar- tively; and (d) FUNDING LIMITS.—Section 53704 of title antee, or maintenance of the Secretary or (3) by adding at the end the following: 46, United States Code, is amended— Administrator’s security interests under this ‘‘(15) VESSEL OF NATIONAL INTEREST.—The (1) in subsection (a)— chapter.’’; and term ‘Vessel of National Interest’ means a (A) by striking ‘‘that amount’’ and all the (2) in subsection (c)— vessel deemed to be of national interest that follows through ‘‘$850,000,000’’ and inserting (A) in paragraph (1), by striking ‘‘under meets characteristics determined by the Ad- ‘‘that amount, $850,000,000’’; and section 53708(d) of this title’’ and inserting ministrator, in consultation with the Sec- (B) by striking ‘‘facilities’’ and all that fol- ‘‘under section 53703(c) of this title’’; retary of Defense, the Secretary of the De- lows through the end of the subsection and (B) by redesignating paragraphs (1) partment in which the Coast Guard Oper- inserting ‘‘facilities.’’; and through (3) as subparagraphs (A) through (C), ates, or the heads of other Federal agencies, (2) in subsection (c)(4)— respectively; as described in section 53703(d).’’. (A) by striking subparagraph (A); and (C) by striking ‘‘The Secretary’’ and in- (b) PREFERRED LENDER.—Section 53702(a) of (B) by redesignating subparagraphs (B) serting the following: title 46, United States Code, is amended by through (K), as subparagraphs (A) through ‘‘(1) IN GENERAL.—The Secretary’’; and adding at the end the following: (J), respectively. (D) by adding at the end the following: ‘‘(2) PREFERRED ELIGIBLE LENDER.—The (e) ELIGIBLE PURPOSES OF OBLIGATIONS.— ‘‘(2) FEE LIMITATION INAPPLICABLE.—Fees Federal Financing Bank shall be the pre- Section 53706 of title 46, United States Code, collected under this subsection are not sub- ferred eligible lender of the principal and in- is amended— ject to the limitation of subsection (b).’’.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.049 S18JNPT1 S3674 CONGRESSIONAL RECORD — SENATE June 18, 2019

(i) BEST PRACTICES; ELIGIBLE EXPORT VES- Prevention and Response program (mandated which the breadth of the territorial sea is SELS.—Chapter 537 of title 46, United States under section 3512 of the National Defense measured; or Code, is further amended— Authorization Act for Fiscal Year 2017 (Pub- (II) if the distance between the United (1) in subchapter I, by adding at the end lic Law 114–328; 130 Stat. 2786)), are fully im- States and another country is less than 400 the following new section: plemented. nautical miles, a zone, the outer boundary of ‘‘§ 53719. Best practices (b) REPORT.—Not later than 180 days after which is represented by a line equidistant be- ‘‘The Secretary or Administrator shall en- the date of enactment of this title, the Sec- tween the United States and the other coun- sure that all standard documents and agree- retary of Transportation shall submit a re- try. ments that relate to loan guarantees made port to Congress— (B) INNER BOUNDARY.—Without affecting pursuant to this chapter are reviewed and (1) confirming that the recommendations any Presidential Proclamation with regard updated every four years to ensure that such described in subsection (a) have been fully to the establishment of the United States documents and agreements meet the current implemented, and explaining how those rec- territorial sea or exclusive economic zone, commercial best practices to the extent per- ommendations have been implemented; or the inner boundary of the exclusive eco- mitted by law.’’; and (2) if such recommendations have not been nomic zone is— (2) in subchapter III, by striking section fully implemented as of the date of the re- (i) in the case of coastal States, a line co- 53732. port, including an explanation of why such terminous with the seaward boundary of (j) EXPRESS CONSIDERATION OF LOW-RISK recommendations have not been fully imple- each such State (as described in section 4 of APPLICATIONS.—Not later than 180 days after mented and a description of the resources the Submerged Lands Act (43 U.S.C. 1312)); the date of enactment of this title, the Ad- that are needed to fully implement such rec- (ii) in the case of the Commonwealth of ministrator of the Maritime Administration ommendations. Puerto Rico, a line that is 3 marine leagues shall, in consultation with affected stake- SEC. 3528. REPORT ON VESSELS FOR EMERGING from the coastline of the Commonwealth of holders, create a process for express proc- OFFSHORE ENERGY INFRASTRUC- Puerto Rico; TURE. essing of low-risk maritime guaranteed loan (iii) in the case of American Samoa, the (a) IN GENERAL.—The Secretary of Trans- applications under chapter 537 of title 46, United States Virgin Islands, Guam, and the portation, in consultation with the Sec- United States Code, based on Federal and in- Northern Mariana Islands, a line that is 3 ge- retary of Energy, the Secretary of the Inte- dustry best practices, including proposals to ographic miles from the coastlines of Amer- rior, and the heads of other relevant agencies better assist applicants to submit complete ican Samoa, the United States Virgin Is- as appropriate, shall prepare and submit a applications within 6 months of the initial lands, Guam, or the Northern Mariana Is- report on the need for vessels to install, op- application. lands, respectively; or erate, and maintain emerging offshore en- (k) CONGRESSIONAL NOTIFICATION.— (iv) for any possession of the United States ergy infrastructure, including offshore wind (1) NOTIFICATION.—Not less than 60 days be- not referred to in clause (ii) or (iii), the fore reorganizing or consolidating the activi- energy. coastline of such possession. (b) CONTENTS.—Such report shall include— ties or personnel covered under chapter 537 (C) RULE OF CONSTRUCTION.—Nothing in (1) an inventory of vessels (including exist- of title 46, United States Code, the Secretary this paragraph may be construed to diminish ing vessels and vessels that have the poten- of Transportation shall notify, in writing, the authority of the Department of Defense, tial to be refurbished) to install, operate, and the Committee on Commerce, Science, and the Department of the Interior, or any other maintain such emerging offshore energy in- Transportation of the Senate and the Com- Federal department or agency. frastructure; mittee on Transportation and Infrastructure (4) FOOD SECURITY.—The term ‘‘food secu- (2) a projection of existing vessels needed of the House of Representatives of the pro- rity’’ means access to, and availability, uti- to meet such emerging offshore energy needs posed reorganization or consolidation. lization, and stability of, sufficient food to over the next 10 years; and (2) CONTENTS.—Each notification under meet caloric and nutritional needs for an ac- (3) policy recommendations to ensure the paragraph (1) shall include an evaluation of, tive and healthy life. vessel capacity to support such emerging off- and justification for, the reorganization or (5) GLOBAL RECORD OF FISHING VESSELS, RE- shore energy. consolidation. FRIGERATED TRANSPORT VESSELS, AND SUPPLY (c) TRANSMITTAL.—Not later than 6 months (l) CLERICAL AMENDMENTS.— VESSELS.—The term ‘‘global record of fishing after the date of enactment of this title, the (1) The table of sections at the beginning of vessels, refrigerated transport vessels, and Secretary of Transportation shall submit chapter 537 of title 46, United States Code, is supply vessels’’ means the Food and Agri- such report to the Committee on Commerce, amended by inserting after the item relating culture Organization of the United Nations’ Science, and Transportation of the Senate, to section 53718 the following new item: initiative to rapidly make available certified the Committee on Energy and Natural Re- data from state authorities about vessels and ‘‘53719. Best practices.’’. sources of the Senate, and the Committee on vessel related activities. (2) The table of sections at the beginning of Transportation and Infrastructure of the (6) IUU FISHING.—The term ‘‘IUU fishing’’ chapter 537 of title 46, United States Code, is House of Representatives. further amended by striking the item relat- means illegal fishing, unreported fishing, or ing to section 53732. Subtitle B—Maritime SAFE Act unregulated fishing (as such terms are de- SEC. 3526. TECHNICAL CORRECTIONS. SEC. 3531. SHORT TITLES. fined in paragraph 3 of the International (a) OFFICE OF PERSONNEL MANAGEMENT (a) SHORT TITLES.—This subtitle may be Plan of Action to Prevent, Deter, and Elimi- GUIDANCE.—Not later than 120 days after the cited as the ‘‘Maritime Security and Fish- nate Illegal, Unreported and Unregulated date of enactment of this title, the Director eries Enforcement Act’’ or the ‘‘Maritime Fishing, adopted at the 24th Session of the of the Office of Personnel Management, in SAFE Act’’. Committee on Fisheries in Rome on March 2, consultation with the Administrator of the SEC. 3532. DEFINITIONS. 2001). Maritime Administration, shall identify key In this subtitle: (7) PORT STATE MEASURES AGREEMENT.—The skills and competencies necessary to main- (1) AIS.—The term ‘‘AIS’’ means Auto- term ‘‘Port State Measures Agreement’’ tain a balance of expertise in merchant ma- matic Identification System (as defined in means the Agreement on Port State Meas- rine seagoing service and strategic sealift section 164.46 of title 33, Code of Federal Reg- ures to Prevent, Deter, and Eliminate Ille- military service in each of the following po- ulations, or a similar successor regulation). gal, Unreported, and Unregulated Fishing set sitions within the Office of the Commandant: (2) COMBINED MARITIME FORCES.—The term forth by the Food and Agriculture Organiza- (1) Commandant. ‘‘Combined Maritime Forces’’ means the 33- tion of the United Nations, done at Rome, (2) Deputy Commandant. nation naval partnership, originally estab- Italy November 22, 2009, and entered into (3) Tactical company officers. lished in February 2002, which promotes se- force June 5, 2016, which offers standards for (4) Regimental officers. curity, stability, and prosperity across ap- reporting and inspecting fishing activities of (b) SEA YEAR COMPLIANCE.—Section proximately 3,200,000 square miles of inter- foreign-flagged fishing vessels at port. 3514(a)(1)(A) of the National Defense Author- national waters. (8) PRIORITY FLAG STATE.—The term ‘‘pri- ization Act for Fiscal Year 2017 (Public Law (3) EXCLUSIVE ECONOMIC ZONE.— ority flag state’’ means a country selected in 114–328; 46 U.S.C. 51318 note) is amended by (A) IN GENERAL.—Unless otherwise speci- accordance with section 3552(b)(3)— inserting ‘‘domestic and international’’ after fied by the President as being in the public (A) whereby the flagged vessels of which ‘‘criteria that’’. interest in a writing published in the Federal actively engage in, knowingly profit from, or SEC. 3527. UNITED STATES MERCHANT MARINE Register, the term ‘‘exclusive economic are complicit in IUU fishing; and ACADEMY’S SEXUAL ASSAULT PRE- zone’’ means— (B) that is willing, but lacks the capacity, VENTION AND RESPONSE PROGRAM. (i) the area within a zone established by a to monitor or take effective enforcement ac- (a) IMPLEMENTATION OF RECOMMENDA- maritime boundary that has been established tion against its fleet. TIONS.—The Secretary of Transportation by a treaty in force or a treaty that is being (9) PRIORITY REGION.—The term ‘‘priority shall ensure that, not later than 180 days provisionally applied by the United States; region’’ means a region selected in accord- after the date of enactment of this title, the or ance with section 3552(b)(2)— recommendations in the Inspector General of (ii) in the absence of a treaty described in (A) that is at high risk for IUU fishing ac- the Department of Transportation’s report clause (i)— tivity or the entry of illegally caught sea- on the effectiveness of the United States (I) a zone, the outer boundary of which is food into the markets of countries in the re- Merchant Marine Academy’s Sexual Assault 200 nautical miles from the baseline from gion; and

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.049 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3675 (B) in which countries lack the capacity to working toward the adoption and implemen- (1) convene a working group, led by De- fully address the illegal activity described in tation of the Port State Measures Agree- partment of State officials, to examine IUU subparagraph (A). ment; fishing, which may include stakeholders (10) REGIONAL FISHERIES MANAGEMENT OR- (C) to combat corruption and increase such as— GANIZATION.—The term ‘‘Regional Fisheries transparency and traceability in fisheries (A) United States officials from relevant Management Organization’’ means an inter- management and trade; agencies participating in the interagency governmental fisheries organization or ar- (D) to enhance information sharing within Working Group identified in section 3551, for- rangement, as appropriate, that has the com- and across governments and multilateral or- eign officials, nongovernmental organiza- petence to establish conservation and man- ganizations through the development and tions, the private sector, and representatives agement measures. use of agreed standards for information shar- of local fishermen in the region; and (11) SEAFOOD.—The term ‘‘seafood’’— ing; and (B) experts on IUU fishing, law enforce- (A) means marine finfish, mollusks, crus- (E) to support effective, science-based fish- ment, criminal justice, transnational orga- taceans, and all other forms of marine ani- eries management regimes that promote nized illegal activity, defense, intelligence, mal and plant life, including those grown, legal and safe fisheries and act as a deterrent vessel movement monitoring, and inter- produced, or reared through marine aqua- to IUU fishing; national development operating in or with culture operations or techniques; and (4) to promote global maritime security knowledge of the region; and (B) does not include marine mammals, tur- through improved capacity and techno- (2) designate a counter-IUU Fishing Coor- tles, or birds. logical assistance to support improved mari- dinator from among existing personnel at (12) TRANSNATIONAL ORGANIZED ILLEGAL AC- time domain awareness; the mission if the chief of mission deter- TIVITY.—The term ‘‘transnational organized (5) to engage with priority flag states to mines such action is appropriate. illegal activity’’ means criminal activity encourage the use of high quality vessel SEC. 3543. ASSISTANCE BY FEDERAL AGENCIES conducted by self-perpetuating associations tracking technologies where existing en- TO IMPROVE LAW ENFORCEMENT of individuals who operate transnationally forcement tools are lacking; WITHIN PRIORITY REGIONS AND for the purpose of obtaining power, influ- (6) to engage with multilateral organiza- PRIORITY FLAG STATES. ence, or monetary or commercial gains, tions working on fisheries issues, including (a) IN GENERAL.—The Secretary of State, wholly or in part by illegal means, while pro- Regional Fisheries Management Organiza- in collaboration with the Secretary of Com- tecting their activities through a pattern of tions and the Food and Agriculture Organi- merce and the Commandant of the Coast corruption or violence or through a zation of the United Nations, to combat and Guard when the Coast Guard is operating in, transnational organizational structure and deter IUU fishing; or as a component of, the Department of the exploitation of transnational commerce (7) to advance information sharing across Homeland Security, shall provide assistance, or communication mechanisms. governments and multilateral organizations as appropriate, in accordance with this sec- (13) TRANSSHIPMENT.—The term ‘‘trans- in areas that cross multiple jurisdictions, tion. (b) LAW ENFORCEMENT TRAINING AND CO- shipment’’ means the use of refrigerated ves- through the development and use of an ORDINATION ACTIVITIES.—The officials re- sels that— agreed standard for information sharing; ferred to in subsection (a) shall evaluate op- (A) collect catch from multiple fishing (8) to continue to use existing and future boats; portunities to provide assistance, as appro- trade agreements to combat IUU fishing; (B) carry the accumulated catches back to priate, to countries in priority regions and (9) to employ appropriate assets and report; and priority flag states to improve the effective- sources of the United States Government in (C) deliver supplies to fishing boats, which ness of IUU fishing enforcement, with clear a coordinated manner to disrupt the illicit allows fishing vessels to remain at sea for ex- and measurable targets and indicators of networks involved in IUU fishing; tended periods without coming into port. success, including— (10) to continue to declassify and make (1) by assessing and using existing re- SEC. 3533. PURPOSES. available, as appropriate and practicable, The purposes of this subtitle are— sources, enforcement tools, and legal au- technologies developed by the United States (1) to support a whole-of-government ap- thorities to coordinate efforts to combat IUU Government that can be used to help counter proach across the Federal Government to fishing with efforts to combat other illegal IUU fishing; counter IUU fishing and related threats to trade, including weapons, drugs, and human (11) to recognize the ties of IUU fishing to maritime security; trafficking; transnational organized illegal activity, in- (2) to improve data sharing that enhances (2) by expanding existing IUU fishing en- cluding human trafficking and illegal trade surveillance, enforcement, and prosecution forcement training; in narcotics and arms, and as applicable, to against IUU fishing and related activities at (3) by providing targeted, country- and re- focus on illicit activity in a coordinated, a global level; gion-specific training on combating IUU cross-cutting manner; (3) to support coordination and collabora- fishing, including in those countries that (12) to recognize and respond to poor work- tion to counter IUU fishing within priority have not adopted the Port State Measures ing conditions, labor abuses, and other vio- regions; Agreement; lent crimes in the fishing industry; (4) to increase and improve global trans- (4) by supporting increased effectiveness (13) to increase and improve global transparency and traceability across the seafood and transparency of the fisheries enforce- parency and traceability along the seafood supply chain as— ment sectors of the governments of such supply chain as— (A) a deterrent to IUU fishing; and countries; and (A) a deterrent to IUU fishing; and (B) a tool for strengthening fisheries man- (5) by supporting increased outreach to (B) an approach for strengthening fisheries agement and food security; stakeholders in the affected communities as management and food security; and (5) to improve global enforcement oper- key partners in combating and prosecuting (14) to promote technological investment ations against IUU fishing through a whole- IUU fishing. of-government approach by the United and innovation to combat IUU fishing. (c) PORT SECURITY ASSISTANCE.—The offi- States; and PART I—PROGRAMS TO COMBAT IUU cials referred to in subsection (a) shall evalu- (6) to prevent the use of IUU fishing as a fi- FISHING AND INCREASE MARITIME SE- ate opportunities to provide assistance, as nancing source for transnational organized CURITY appropriate, to countries in priority regions groups that undermine United States and SEC. 3541. COORDINATION WITH INTERNATIONAL and priority flag states to help those states global security interests. ORGANIZATIONS. implement programs related to port security SEC. 3534. STATEMENT OF POLICY. The Secretary of State, in conjunction and capacity for the purposes of preventing It is the policy of the United Statesl with the Secretary of Commerce, shall co- IUU fishing products from entering the glob- (1) to take action to curtail the global ordinate with Regional Fisheries Manage- al seafood market, including by supporting trade in seafood and seafood products derived ment Organizations and the Food and Agri- other countries in working toward the adop- from IUU fishing, including its links to culture Organization of the United Nations, tion and implementation of the Port State forced labor and transnational organized il- and may coordinate with other relevant Measures Agreement. legal activity; international governmental or nongovern- (d) CAPACITY BUILDING FOR INVESTIGATIONS (2) to develop holistic diplomatic, military, mental organizations, or the private sector, AND PROSECUTIONS.—The officials referred to law enforcement, economic, and capacity- as appropriate, to enhance regional re- in subsection (a), in collaboration with the building tools to counter IUU fishing; sponses to IUU fishing and related governments of countries in priority regions (3) to provide technical assistance to coun- transnational organized illegal activities. and of priority flag states, shall evaluate op- tries in priority regions and priority flag SEC. 3542. ENGAGEMENT OF DIPLOMATIC MIS- portunities to assist those countries in de- states to combat IUU fishing, including as- SIONS OF THE UNITED STATES. signing and implementing programs in such sistance— Not later than 1 year after the date of the countries, as appropriate, to increase the ca- (A) to increase local, national, and re- enactment of this title, each chief of mission pacity of IUU fishing enforcement and cus- gional level capacities to counter IUU fish- (as defined in section 102 of the Foreign Serv- toms and border security officers to improve ing through the engagement of law enforce- ice Act of 1980 (22 U.S.C. 3902)) to a relevant their ability— ment and security forces; country in a priority region or to a priority (1) to conduct effective investigations, in- (B) to enhance port capacity and security, flag state may, if the Secretary of State de- cluding using law enforcement techniques including by supporting other countries in termines such action is appropriate— such as undercover investigations and the

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.049 S18JNPT1 S3676 CONGRESSIONAL RECORD — SENATE June 18, 2019 development of informer networks and ac- the Africa Maritime Law Enforcement Part- maritime security and IUU fishing (referred tionable intelligence; nership in other priority regions. to in this subtitle as the ‘‘Working Group’’). (2) to conduct vessel boardings and inspec- SEC. 3545. IMPROVEMENT OF TRANSPARENCY (b) MEMBERS.—The members of the Work- tions at sea and associated enforcement ac- AND TRACEABILITY PROGRAMS. ing Group shall be composed of— tions; The Secretary of State, the Administrator (1) 1 chair, who shall rotate between the (3) to exercise existing shiprider agree- of the United States Agency for Inter- Coast Guard, the Department of State, and ments and to enter into and implement new national Development, the Commandant of the National Oceanographic and Atmos- shiprider agreements, as appropriate, includ- the Coast Guard when the Coast Guard is op- pheric Administration on a 3-year term; ing in those countries that have not adopted erating in, or as a component of, the Depart- (2) 2 deputy chairs, who shall be appointed the Port State Measures Agreement; ment of Homeland Security, the Secretary of by their respective agency heads and shall be (4) to conduct vessel inspections at port Commerce, and the heads of other Federal from a different Department than that of the and associated enforcement actions; agencies, if merited, shall work, as appro- chair, from— (5) to assess technology needs and promote priate, with priority flag states and key (A) the Coast Guard; countries in priority regions— the use of technology to improve moni- (B) the Department of State; and (1) to increase knowledge within such toring, enforcement, and prosecution of IUU (C) the National Oceanic and Atmospheric countries about the United States trans- fishing; Administration; parency and traceability standards for im- (6) to conduct DNA-based and forensic (3) 11 members, who shall be appointed by ports of seafood and seafood products; identification of seafood used in trade; their respective agency heads, from— (2) to improve the capacity of seafood in- (7) to conduct training on techniques, such (A) the Department of Defense; dustries within such countries through infor- as collecting electronic evidence and using (B) the United States Navy; mation sharing and training to meet the re- computer forensics, for law enforcement per- (C) the United States Agency for Inter- quirements of transparency and traceability sonnel involved in complex investigations re- national Development; lated to international matters, financial standards for seafood and seafood product imports, including catch documentation and (D) the United States Fish and Wildlife issues, and government corruption that in- trade tracking programs adopted by relevant Service; clude IUU fishing; regional fisheries management organiza- (E) the Department of Justice; (8) to assess financial flows and the use of tions; (F) the Department of the Treasury; financial institutions to launder profits re- (3) to improve the capacities of govern- (G) U.S. Customs and Border Protection; lated to IUU fishing; ment, industry, and civil society groups to (H) U.S. Immigration and Customs En- (9) to conduct training on the legal mecha- develop and implement comprehensive forcement; nisms that can be used to prosecute those traceability systems that— (I) the Federal Trade Commission; identified in the investigations as alleged (A) deter IUU fishing; (J) the Department of Agriculture; perpetrators of IUU fishing and other associ- (B) strengthen fisheries management; and (K) the Food and Drug Administration; and ated crimes such as trafficking and forced (C) enhance maritime domain awareness; (L) the Department of Labor; labor; and and (4) 5 members, who shall be appointed by (10) to conduct training to raise awareness (4) to support the implementation of sea- the President, from— of the use of whistleblower information and food traceability standards in such countries (A) the National Security Council; ways to incentivize whistleblowers to come to prevent IUU fishing products from enter- (B) the Council on Environmental Quality; forward with original information related to ing the global seafood market and assess ca- (C) the Office of Management and Budget; IUU fishing. pacity and training needs in those countries. (D) the Office of Science and Technology (e) CAPACITY BUILDING FOR INFORMATION SEC. 3546. TECHNOLOGY PROGRAMS. Policy; and SHARING.—The officials referred to in sub- The Secretary of State, the Administrator (E) the Office of the United States Trade section (a) shall evaluate opportunities to of the United States Agency for Inter- Representative. provide assistance, as appropriate, to key national Development, the Commandant of (c) RESPONSIBILITIES.—The Working Group countries in priority regions and priority the Coast Guard when the Coast Guard is op- shall ensure an integrated, Federal Govern- flag states in the form of training, equip- erating in, or as a component of, the Depart- ment-wide response to IUU fishing globally, ment, and systems development to build ca- ment of Homeland Security, the Secretary of including by— pacity for information sharing related to Defense, the Secretary of Commerce, and the (1) improving the coordination of Federal maritime enforcement and port security. heads of other Federal agencies, as appro- (f) COORDINATION WITH OTHER RELEVANT agencies to identify, interdict, investigate, priate, shall pursue programs to expand the AGENCIES.—The Secretary of State, in col- prosecute, and dismantle IUU fishing oper- laboration with the Commandant of the role of technology for combating IUU fish- ations and organizations perpetrating and Coast Guard when the Coast Guard is oper- ing, including by— knowingly benefitting from IUU fishing; ating in, or as a component of, the Depart- (1) promoting the use of technology to (2) assessing areas for increased interment of Homeland Security, and the Sec- combat IUU fishing; agency information sharing on matters re- retary of Commerce, shall coordinate with (2) assessing the technology needs, includ- lated to IUU fishing and related crimes; other relevant agencies, as appropriate, in ing vessel tracking technologies and data (3) establishing standards for information accordance with this section. sharing, in priority regions and priority flag sharing related to maritime enforcement; SEC. 3544. EXPANSION OF EXISTING MECHA- states; (4) developing a strategy to determine how NISMS TO COMBAT IUU FISHING. (3) engaging with priority flag states to en- military assets and intelligence can con- The Secretary of State, the Administrator courage the mandated use of vessel tracking tribute to enforcement strategies to combat of the United States Agency for Inter- technologies, including vessel monitoring IUU fishing; national Development, the Commandant of systems, AIS, or other vessel movement (5) increasing maritime domain awareness the Coast Guard when the Coast Guard is op- monitoring technologies on fishing vessels relating to IUU fishing and related crimes erating in, or as a component of, the Depart- and transshipment vessels at all times, as and developing a strategy to leverage aware- ment of Homeland Security, the Secretary of appropriate, while at sea as a means to iden- ness for enhanced enforcement and prosecu- Defense, the Secretary of Commerce, the At- tify IUU fishing activities and the shipment tion actions against IUU fishing; torney General, and the heads of other ap- of illegally caught fish products; and (6) supporting the adoption and implemen- propriate Federal agencies shall assess op- (4) building partnerships with the private tation of the Port State Measures Agree- portunities to combat IUU fishing by ex- sector, including universities, nonprofit re- ment in relevant countries and assessing the panding, as appropriate, the use of the fol- search organizations, the seafood industry, capacity and training needs in such coun- lowing mechanisms: and the technology, transportation and lo- tries; (1) Including counter-IUU fishing in exist- gistics sectors, to leverage new and existing (7) outlining a strategy to coordinate, in- ing shiprider agreements in which the United technologies and data analytics to address crease, and use shiprider agreements be- States is a party. IUU fishing. tween the Department of Defense or the (2) Entering into shiprider agreements that SEC. 3547. SAVINGS CLAUSE. Coast Guard and relevant countries; include counter-IUU fishing with priority No provision of section 3532 or of this part (8) enhancing cooperation with partner flag states and countries in priority regions shall impose, or be interpreted to impose, governments to combat IUU fishing; with which the United States does not al- any duty, responsibility, requirement, or ob- (9) identifying opportunities for increased ready have such an agreement. ligation on the Department of Defense, the information sharing between Federal agen- (3) Including counter-IUU fishing as part of Department of the Navy, or any official or cies and partner governments working to the mission of the Combined Maritime component of either. combat IUU fishing; Forces. PART II—ESTABLISHMENT OF INTER- (10) consulting and coordinating with the (4) Including counter-IUU fishing exercises AGENCY WORKING GROUP ON IUU FISH- seafood industry and nongovernmental in the annual at-sea exercises conducted by ING stakeholders that work to combat IUU fish- the Department of Defense, in coordination SEC. 3551. INTERAGENCY WORKING GROUP ON ing; with the United States Coast Guard. IUU FISHING. (11) supporting the work of collaborative (5) Creating partnerships similar to the (a) IN GENERAL.—There is established a international initiatives to make available Oceania Maritime Security Initiative and collaborative interagency working group on certified data from state authorities about

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.049 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3677 vessel and vessel-related activities related to those threats as a result of assistance by the sources of the House of Representatives that IUU fishing; United States pursuant to the strategic plan contains— (12) supporting the identification and cer- developed under section 3552, including— (1) the findings identified pursuant to sub- tification procedures to address IUU fishing (A) the identification of— section (b); and in accordance with the High Seas Driftnet (i) relevant supply routes, ports of call, (2) a timeline for each of the Federal agen- Fishing Moratorium Protection Act (16 methods of landing and entering illegally cies described in subsection (a) to implement U.S.C. 1826d et seq.); and caught product into legal supply chains, and each action or policy identified pursuant to (13) publishing annual reports summarizing financial institutions used in each country subsection (b)(2). nonsensitive information about the Working by participants engaging in IUU fishing; and PART III—COMBATING HUMAN TRAF- Group’s efforts to investigate, enforce, and (ii) indicators of IUU fishing that are re- FICKING IN CONNECTION WITH THE prosecute groups and individuals engaging in lated to money laundering; CATCHING AND PROCESSING OF SEA- IUU fishing. (B) an assessment of the adherence to, or FOOD PRODUCTS SEC. 3552. STRATEGIC PLAN. progress toward adoption of, international SEC. 3561. FINDING. (a) STRATEGIC PLAN.—Not later than 2 treaties related to IUU fishing, including the Congress finds that human trafficking is a years after the date of the enactment of this Port State Measures Agreement, by coun- pervasive problem in the catching and proc- title, the Working Group, after consultation tries in priority regions; essing of certain seafood products imported with the relevant stakeholders, shall submit (C) an assessment of the implementation into the United States, particularly seafood to Congress a 5-year integrated strategic by countries in priority regions of seafood products obtained through illegal, unre- plan on combating IUU fishing and enhanc- traceability or capacity to apply traceability ported, and unregulated fishing. ing maritime security, including specific to verify the legality of catch and strengthen strategies with monitoring benchmarks for fisheries management; SEC. 3562. ADDING THE SECRETARY OF COM- MERCE TO THE INTERAGENCY TASK addressing IUU fishing in priority regions. (D) an assessment of the capacity of countries in priority regions to implement FORCE TO MONITOR AND COMBAT (b) IDENTIFICATION OF PRIORITY REGIONS TRAFFICKING. shiprider agreements; AND PRIORITY FLAG STATES.— Section 105(b) of the Victims of Trafficking (1) IN GENERAL.—The strategic plan sub- (E) an assessment of the capacity of countries in priority regions to increase mari- and Violence Protection Act of 2000 (22 mitted under subsection (a) shall identify U.S.C. 7103(b)) is amended by inserting ‘‘the priority regions and priority flag states to be time domain awareness; and (F) an assessment of the capacity of gov- Secretary of Commerce,’’ after ‘‘the Sec- the focus of assistance coordinated by the retary of Education,’’. Working Group under section 3551. ernments of relevant countries in priority SEC. 3563. HUMAN TRAFFICKING IN THE SEA- (2) PRIORITY REGION SELECTION CRITERIA.— regions to sustain the programs for which FOOD SUPPLY CHAIN REPORT. In selecting priority regions under paragraph the United States has provided assistance (a) IN GENERAL.—Not later than 1 year (1), the Working Group shall select regions under this subtitle; after the date of the enactment of this title, that— (7) an assessment of the capacity of pri- the Administrator of the National Oceanic (A) are at high risk for IUU fishing activ- ority flag states to track the movement of and Atmospheric Administration shall sub- ity or the entry of illegally caught seafood and police their fleet, prevent their flagged mit a report to the Committee on Com- into their markets; and vessels from engaging in IUU fishing, and en- merce, Science, and Transportation of the (B) lack the capacity to fully address the force applicable laws and regulations; and Senate, the Committee on Foreign Relations issues described in subparagraph (A). (8) an assessment of the extent of involve- of the Senate, the Committee on Appropria- (3) PRIORITY FLAG STATES SELECTION CRI- ment in IUU fishing of organizations des- tions of the Senate, the Committee on Nat- TERIA.—In selecting priority flag states ignated as foreign terrorist organizations ural Resources of the House of Representa- under paragraph (1), the Working Group under section 219 of the Immigration and Na- tives, the Committee on Foreign Affairs of shall select countries— tionality Act (8 U.S.C. 1189). the House of Representatives, and the Com- (A) the flagged vessels of which actively SEC. 3554. GULF OF MEXICO IUU FISHING SUB- mittee on Appropriations of the House of engage in, knowingly profit from, or are WORKING GROUP. Representatives that describes the existence complicit in IUU fishing; and (a) IN GENERAL.—Not later than 90 days of human trafficking in the supply chains of (B) that lack the capacity to police their after the date of the enactment of this title, seafood products imported into the United fleet. the Administrator of the National Oceanic and Atmospheric Administration, in coordi- States. SEC. 3553. REPORTS. nation with the Coast Guard and the Depart- (b) REPORT ELEMENTS.—The report re- Not later than 5 years after the submission ment of State, shall establish a subworking quired under subsection (a) shall include— of the 5-year integrated strategic plan under group to address IUU fishing in the exclusive (1) a list of the countries at risk for human section 3552, and 5 years after, the Working economic zone of the United States in the trafficking in their seafood catching and Group shall submit a report to the Com- Gulf of Mexico. processing industries, and an assessment of mittee on Commerce, Science, and Transpor- (b) FUNCTIONS.—The subworking group es- such risk for each listed country; tation of the Senate, the Committee on For- tablished under subsection (a) shall iden- (2) a description of the quantity and eco- eign Relations of the Senate, the Committee tify— nomic value of seafood products imported on Appropriations of the Senate, the Com- (1) Federal actions taken and policies es- into the United States from the countries on mittee on the Judiciary of the Senate, the tablished during the 5-year period imme- the list compiled pursuant to paragraph (1); Select Committee on Intelligence of the Sen- diately preceding the date of the enactment (3) a description and assessment of the ate, the Committee on Agriculture, Nutri- of this title with respect to IUU fishing in methods, if any, in the countries on the list tion, and Forestry of the Senate, the Com- the exclusive economic zone of the United compiled pursuant to paragraph (1) to trace mittee on Natural Resources of the House of States in the Gulf of Mexico, including such and account for the manner in which seafood Representatives, the Committee on Foreign actions and policies related to— is caught; Affairs of the House of Representatives, and (A) the surveillance, interdiction, and pros- (4) a description of domestic and inter- the Committee on Appropriations of the ecution of any foreign nationals engaged in national enforcement mechanisms to deter House of Representatives that contains— such fishing; and illegal practices in the catching of seafood in (1) a summary of global and regional (B) the application of the provisions of the the countries on the list compiled pursuant trends in IUU fishing; High Seas Driftnet Fishing Moratorium Pro- to paragraph (1); and (2) an assessment of the extent of the con- tection Act (16 U.S.C. 1826d et seq.) to any (5) such recommendations as the Adminis- vergence between transnational organized il- relevant nation, including the status of any trator and the Commissioner jointly con- legal activity, including human trafficking past or ongoing consultations and certifi- sider appropriate for legislative or adminis- and forced labor, and IUU fishing; cation procedures; trative action to enhance and improve ac- (3) an assessment of the topics, data (2) actions and policies, in addition to the tions against human trafficking in the sources, and strategies that would benefit actions and policies described in paragraph catching and processing of seafood products from increased information sharing and rec- (1), each of the Federal agencies described in outside of United States waters. ommendations regarding harmonization of subsection (a) can take, using existing re- PART IV—AUTHORIZATION OF data collection and sharing; sources, to combat IUU fishing in the exclu- APPROPRIATIONS (4) an assessment of assets, including mili- sive economic zone of the United States in tary assets and intelligence, which can be the Gulf of Mexico; and SEC. 3571. AUTHORIZATION OF APPROPRIATIONS. used for either enforcement operations or (3) any additional authorities that could (a) FUNDING.—Amounts made available to strategies to combat IUU fishing; assist each such agency in more effectively carry out this subtitle shall be derived from (5) summaries of the situational threats addressing such IUU fishing. amounts appropriated or otherwise made with respect to IUU fishing in priority re- (c) REPORT.—Not later than 1 year after available to the relevant agencies and de- gions and an assessment of the capacity of the IUU Fishing Subworking Group is estab- partments. countries within such regions to respond to lished under subsection (a), the group shall (b) NO INCREASE IN CONTRIBUTIONS.—Noth- those threats; submit a report to the Committee on Com- ing in this subtitle shall be construed to au- (6) an assessment of the progress of coun- merce, Science, and Transportation of the thorize an increase in required or voluntary tries in priority regions in responding to Senate and the Committee on Natural Re- contributions paid by the United States to

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.049 S18JNPT1 S3678 CONGRESSIONAL RECORD — SENATE June 18, 2019 any multilateral or international organiza- and for defense activities of the De- ‘‘(i) DEFINITIONS.—In this subparagraph: tion. partment of Energy, to prescribe mili- ‘‘(I) BOARD.—The term ‘Board’ means the SEC. 3572. ACCOUNTING OF FUNDS. tary personnel strengths for such fiscal Direct Air Capture Technology Advisory By not later than 180 days after the date of year, and for other purposes; which was Board established by clause (iii)(I). ‘‘(II) DILUTE.—The term ‘dilute’ means a enactment of this title, the head of each Fed- ordered to lie on the table; as follows: eral agency receiving or allocating funds to concentration of less than 1 percent by vol- carry out activities under this subtitle shall, At the end of subtitle E of title X, add the ume. to the greatest extent practicable, prepare following: ‘‘(III) DIRECT AIR CAPTURE.— and submit to Congress a report that pro- SEC. 1045. REPEAL OF SUNSET OF LIMITATION ‘‘(aa) IN GENERAL.—The term ‘direct air vides an accounting of all funds made avail- ON MINIMUM ANNUAL PURCHASE capture’, with respect to a facility, tech- AMOUNT FOR CHARTER CARRIERS able under this subtitle to the Federal agen- nology, or system, means that the facility, PARTICIPATING IN THE CIVIL RE- technology, or system uses carbon capture cy. SERVE AIR FLEET. Section 9515 of title 10, United States Code, equipment to capture carbon dioxide directly SA 650. Ms. MURKOWSKI submitted is amended by striking subsection (k). from the air. an amendment intended to be proposed ‘‘(bb) EXCLUSION.—The term ‘direct air cap- by her to the bill S. 1790, to authorize SA 652. Mr. BARRASSO (for himself, ture’ does not include any facility, technology, or system that captures carbon diox- appropriations for fiscal year 2020 for Mr. WHITEHOUSE, Mrs. CAPITO, Mr. CAR- ide— military activities of the Department PER, Mr. CRAMER, Ms. SMITH, Mr. ‘‘(AA) that is deliberately released from a of Defense, for military construction, ROUNDS, Mr. COONS, Mr. HOEVEN, and naturally occurring subsurface spring; or and for defense activities of the De- Mr. MANCHIN) submitted an amend- ‘‘(BB) using natural photosynthesis. partment of Energy, to prescribe mili- ment intended to be proposed by him ‘‘(IV) INTELLECTUAL PROPERTY.—The term tary personnel strengths for such fiscal to the bill S. 1790, to authorize appro- ‘intellectual property’ means— year, and for other purposes; which was priations for fiscal year 2020 for mili- ‘‘(aa) an invention that is patentable under title 35, United States Code; and ordered to lie on the table; as follows: tary activities of the Department of ‘‘(bb) any patent on an invention described At the end of subtitle F of title XII, add Defense, for military construction, and in item (aa). the following: for defense activities of the Depart- ‘‘(ii) TECHNOLOGY PRIZES.— SEC. 12 ll. REPORT ON MILITARY ACTIVITIES ment of Energy, to prescribe military ‘‘(I) IN GENERAL.—Not later than 1 year OF THE RUSSIAN FEDERATION AND personnel strengths for such fiscal after the date of enactment of the USE IT THE PEOPLE’S REPUBLIC OF CHINA Act, the Administrator, in consultation with IN THE ARCTIC REGION. year, and for other purposes; which was the Secretary of Energy, shall establish a (a) IN GENERAL.—Not later than 180 days ordered to lie on the table; as follows: program to provide, and shall provide, finan- after enactment of this Act, the Secretary of At the end of subtitle H of title X, add the cial awards on a competitive basis for direct Defense, in consultation with the Secretary following: air capture from media in which the con- of State and the Director of National Intel- SEC. lll. UTILIZING SIGNIFICANT EMISSIONS centration of carbon dioxide is dilute. ligence, shall submit to appropriate commit- WITH INNOVATIVE TECHNOLOGIES. ‘‘(II) DUTIES.—In carrying out this clause, tees of Congress the following: (a) SHORT TITLE.—This section may be the Administrator shall— (1) A report on the military activities of cited as the ‘‘Utilizing Significant Emissions ‘‘(aa) subject to subclause (III), develop the Russian Federation in the Arctic region. with Innovative Technologies Act’’ or the (2) A report on the military activities or specific requirements for— ‘‘USE IT Act’’. ‘‘(AA) the competition process; and the People’s Republic of China in the Arctic (b) RESEARCH, INVESTIGATION, TRAINING, ‘‘(BB) the demonstration of performance of region. AND OTHER ACTIVITIES.—Section 103 of the approved projects; (b) MATTERS TO BE INCLUDED.—The reports Clean Air Act (42 U.S.C. 7403) is amended— ‘‘(bb) offer financial awards for a project under subsection (a) shall include, with re- (1) in subsection (c)(3), in the first sentence designed— spect to the Russian Federation or the Peo- of the matter preceding subparagraph (A), by ‘‘(AA) to the maximum extent practicable, ples Republic of China, as applicable, the fol- striking ‘‘percursors’’ and inserting ‘‘precur- to capture more than 10,000 tons of carbon di- lowing: sors’’; and oxide per year; and (1) A description of military activities of (2) in subsection (g)— ‘‘(BB) to operate in a manner that would such country in the Arctic region, includ- (A) by redesignating paragraphs (1) be commercially viable in the foreseeable fu- ing— through (4) as subparagraphs (A) through ture (as determined by the Board); and (A) the emplacement of military infra- (D), respectively, and indenting appro- ‘‘(cc) to the maximum extent practicable, structure, equipment, or forces; and priately; make financial awards to geographically di- (B) any exercises or other military activi- (B) in the undesignated matter following verse projects, including at least— ties subparagraph (D) (as so redesignated)— ‘‘(AA) 1 project in a coastal State; and (C) activities that are non-military in na- (i) in the second sentence, by striking ‘‘The ‘‘(BB) 1 project in a rural State. ture but are judged to have military implica- Administrator’’ and inserting the following: ‘‘(III) PUBLIC PARTICIPATION.—In carrying tions. ‘‘(5) COORDINATION AND AVOIDANCE OF DUPLI- out subclause (II)(aa), the Administrator (2) An assessment of— CATION.—The Administrator’’; and shall— (A) the intentions of such activities: (ii) in the first sentence, by striking ‘‘(aa) provide notice of and, for a period of (B) the extent to which such activities af- ‘‘Nothing’’ and inserting the following: not less than 60 days, an opportunity for pub- fect or threaten the interests of the United ‘‘(4) EFFECT OF SUBSECTION.—Nothing’’; lic comment on, any draft or proposed States and allies in the Arctic region: and (C) in the matter preceding subparagraph version of the requirements described in sub- (C) any response to such activities by the (A) (as so redesignated)— clause (II)(aa); and United States or allies. (i) in the third sentence, by striking ‘‘Such ‘‘(bb) take into account public comments (3) A description of future plans and re- program’’ and inserting the following: received in developing the final version of quirements with respect to such activities. ‘‘(3) PROGRAM INCLUSIONS.—The program those requirements. (c) FORM.—Each report under subsection under this subsection’’; ‘‘(iii) DIRECT AIR CAPTURE TECHNOLOGY AD- (a) shall be submitted in classified form, but (ii) in the second sentence— VISORY BOARD.— may include an unclassified executive sum- (I) by inserting ‘‘States, institutions of ‘‘(I) ESTABLISHMENT.—There is established mary. higher education,’’ after ‘‘scientists,’’; and an advisory board to be known as the ‘Direct (d) APPROPRIATE COMMITTEES OF CONGRESS (II) by striking ‘‘Such strategies and tech- Air Capture Technology Advisory Board’. DEFINED.—ln this section the term ‘‘appro- nologies shall be developed’’ and inserting ‘‘(II) COMPOSITION.—The Board shall be priate committees of Congress means— the following: composed of 9 members appointed by the Ad- (1) the congressional defense committees: ARTICIPATION REQUIREMENT.—Such (2) the Committee on Foreign Relations ‘‘(2) P ministrator, who shall provide expertise in— strategies and technologies described in and the Select Committee on Intelligence of ‘‘(aa) climate science; paragraph (1) shall be developed’’; and the Senate: ‘‘(bb) physics; (3) the Committee on Foreign Affairs and (iii) in the first sentence, by striking ‘‘In ‘‘(cc) chemistry; the Permanent Select Committee on Intel- carrying out’’ and inserting the following: ‘‘(dd) biology; ligence of the House of Representatives. ‘‘(1) IN GENERAL.—In carrying out’’; and ‘‘(ee) engineering; (D) by adding at the end the following: ‘‘(ff) economics; SA 651. Ms. MURKOWSKI submitted ‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.— ‘‘(gg) business management; and an amendment intended to be proposed ‘‘(A) IN GENERAL.—In carrying out para- ‘‘(hh) such other disciplines as the Admin- graph (3)(A) with respect to carbon dioxide, istrator determines to be necessary to by her to the bill S. 1790, to authorize the Administrator shall carry out the activi- achieve the purposes of this subparagraph. appropriations for fiscal year 2020 for ties described in each of subparagraphs (B), ‘‘(III) TERM; VACANCIES.— military activities of the Department (C), (D), and (E). ‘‘(aa) TERM.—A member of the Board shall of Defense, for military construction, ‘‘(B) DIRECT AIR CAPTURE RESEARCH.— serve for a term of 6 years.

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‘‘(bb) VACANCIES.—A vacancy on the ‘‘(II) through the chemical conversion of opers associated with increased storage of Board— carbon dioxide to a material or chemical carbon dioxide captured from stationary ‘‘(AA) shall not affect the powers of the compound in which the carbon dioxide is se- sources in deep saline formations, using ex- Board; and curely stored; or isting research; ‘‘(BB) shall be filled in the same manner as ‘‘(III) through the use of carbon dioxide for ‘‘(II) recommendations, if any, for man- the original appointment was made. any other purpose for which a commercial aging the potential risks identified under ‘‘(IV) INITIAL MEETING.—Not later than 30 market exists, as determined by the Admin- subclause (I), including potential risks days after the date on which all members of istrator. unique to public land; and the Board have been appointed, the Board ‘‘(ii) PROGRAM.—The Administrator, in ‘‘(III) recommendations, if any, for Federal shall hold the initial meeting of the Board. consultation with the Secretary of Energy, legislation or other policy changes to miti- ‘‘(V) MEETINGS.—The Board shall meet at shall carry out a research and development gate any potential risks identified under sub- the call of the Chairperson or on the request program for carbon dioxide utilization to clause (I). of the Administrator. promote existing and new technologies that ‘‘(E) REPORT ON CARBON DIOXIDE NON- ‘‘(VI) QUORUM.—A majority of the members transform carbon dioxide generated by in- REGULATORY STRATEGIES AND TECH- of the Board shall constitute a quorum, but dustrial processes into a product of commer- NOLOGIES.— a lesser number of members may hold hear- cial value, or as an input to products of com- ‘‘(i) IN GENERAL.—Not less frequently than ings. mercial value. once every 2 years, the Administrator shall ‘‘(VII) CHAIRPERSON AND VICE CHAIR- ‘‘(iii) TECHNICAL AND FINANCIAL ASSIST- submit to the Committee on Environment PERSON.—The Board shall select a Chair- ANCE.—Not later than 2 years after the date and Public Works of the Senate and the person and Vice Chairperson from among the of enactment of the USE IT Act, in carrying Committee on Energy and Commerce of the members of the Board. out this subsection, the Administrator, in House of Representatives a report that de- ‘‘(VIII) COMPENSATION.—Each member of consultation with the Secretary of Energy, scribes— the Board may be compensated at not to ex- shall support research and infrastructure ac- ‘‘(I) the recipients of assistance under sub- ceed the daily equivalent of the annual rate tivities relating to carbon dioxide utilization paragraphs (B) and (C); and of basic pay in effect for a position at level by providing technical assistance and finan- ‘‘(II) a plan for supporting additional non- V of the Executive Schedule under section cial assistance in accordance with clause regulatory strategies and technologies that 5316 of title 5, United States Code, for each (iv). could significantly prevent carbon dioxide day during which the member is engaged in ‘‘(iv) ELIGIBILITY.—To be eligible to receive emissions or reduce carbon dioxide levels in the actual performance of the duties of the technical assistance and financial assistance the air, in conjunction with other Federal Board. under clause (iii), a carbon dioxide utiliza- agencies. ‘‘(IX) DUTIES.—The Board shall advise the tion project shall— ‘‘(ii) INCLUSIONS.—The plan submitted Administrator on carrying out the duties of ‘‘(I) have access to an emissions stream under clause (i) shall include— the Administrator under this subparagraph. generated by a stationary source within the ‘‘(I) a methodology for evaluating and ‘‘(X) FACA.—The Federal Advisory Com- United States that is capable of supplying ranking technologies based on the ability of mittee Act (5 U.S.C. App.) shall apply to the not less than 250 metric tons per day of car- the technologies to cost effectively reduce Board. bon dioxide for research; carbon dioxide emissions or carbon dioxide ‘‘(iv) INTELLECTUAL PROPERTY.— ‘‘(II) have access to adequate space for a levels in the air; and ‘‘(I) IN GENERAL.—As a condition of receiv- laboratory and equipment for testing small- ‘‘(II) a description of any nonair-related ing a financial award under this subpara- scale carbon dioxide utilization technologies, environmental or energy considerations re- graph, an applicant shall agree to vest the with onsite access to larger test bays for garding the technologies. intellectual property of the applicant de- scale-up; and ‘‘(F) GAO REPORT.—The Comptroller Gen- rived from the technology in 1 or more enti- ‘‘(III) have existing partnerships with in- eral of the United States shall submit to ties that are incorporated in the United stitutions of higher education, private com- Congress a report that— States. panies, States, or other government entities. ‘‘(i) identifies all Federal grant programs ‘‘(II) RESERVATION OF LICENSE.—The United ‘‘(v) COORDINATION.—In supporting carbon in which a purpose of a grant under the pro- States— dioxide utilization projects under this para- gram is to perform research on carbon cap- ‘‘(aa) may reserve a nonexclusive, non- graph, the Administrator shall consult with ture and utilization technologies, including transferable, irrevocable, paid-up license, to the Secretary of Energy, and, as appropriate, direct air capture technologies; and have practiced for or on behalf of the United with the head of any other relevant Federal ‘‘(ii) examines the extent to which the Fed- States, in connection with any intellectual agency, States, the private sector, and insti- eral grant programs identified pursuant to property described in subclause (I); but tutions of higher education to develop meth- clause (i) overlap or are duplicative.’’. ‘‘(bb) shall not, in the exercise of a license ods and technologies to account for the car- (c) REPORT.—Not later than 1 year after reserved under item (aa), publicly disclose bon dioxide emissions avoided by the carbon the date of enactment of this Act, the Ad- proprietary information relating to the li- dioxide utilization projects. ministrator of the Environmental Protection cense. ‘‘(vi) AUTHORIZATION OF APPROPRIATIONS.— Agency (referred to in this section as the ‘‘(III) TRANSFER OF TITLE.—Title to any in- ‘‘(I) IN GENERAL.—Of the amounts author- ‘‘Administrator’’) shall submit to Congress a tellectual property described in subclause (I) ized to be appropriated for the Environ- report describing how funds appropriated to shall not be transferred or passed, except to mental Protection Agency, $50,000,000 shall the Administrator during the 5 most recent an entity that is incorporated in the United be available to carry out this subparagraph, fiscal years have been used to carry out sec- States, until the expiration of the first pat- to remain available until expended. tion 103 of the Clean Air Act (42 U.S.C. 7403), ent obtained in connection with the intellec- ‘‘(II) REQUIREMENT.—Research carried out including a description of— tual property. using amounts made available under sub- (1) the amount of funds used to carry out ‘‘(v) AUTHORIZATION OF APPROPRIATIONS.— clause (I) may not duplicate research funded specific provisions of that section; and ‘‘(I) IN GENERAL.—Of the amounts author- by the Department of Energy. (2) the practices used by the Administrator ized to be appropriated for the Environ- ‘‘(D) DEEP SALINE FORMATION REPORT.— to differentiate funding used to carry out mental Protection Agency, $35,000,000 shall ‘‘(i) DEFINITION OF DEEP SALINE FORMA- that section, as compared to funding used to be available to carry out this subparagraph, TION.— carry out other provisions of law. to remain available until expended. ‘‘(I) IN GENERAL.—In this subparagraph, the (d) INCLUSION OF CARBON CAPTURE INFRA- ‘‘(II) REQUIREMENT.—Research carried out term ‘deep saline formation’ means a forma- STRUCTURE PROJECTS.—Section 41001(6) of the using amounts made available under sub- tion of subsurface geographically extensive FAST Act (42 U.S.C. 4370m(6)) is amended— clause (I) may not duplicate research funded sedimentary rock layers saturated with (1) in subparagraph (A)— by the Department of Energy. waters or brines that have a high total dis- (A) in the matter preceding clause (i), by ‘‘(vi) TERMINATION OF AUTHORITY.—The solved solids content and that are below the inserting ‘‘carbon capture,’’ after ‘‘manufac- Board and all authority provided under this depth where carbon dioxide can exist in the turing,’’; subparagraph shall terminate not later than formation as a supercritical fluid. (B) in clause (i)(III), by striking ‘‘or’’ at 10 years after the date of enactment of the ‘‘(II) CLARIFICATION.—In this subparagraph, the end; USE IT Act. the term ‘deep saline formation’ does not in- (C) by redesignating clause (ii) as clause ‘‘(C) CARBON DIOXIDE UTILIZATION RE- clude oil and gas reservoirs. (iii); and SEARCH.— ‘‘(ii) REPORT.—In consultation with the (D) by inserting after clause (i) the fol- ‘‘(i) DEFINITION OF CARBON DIOXIDE UTILIZA- Secretary of Energy, and, as appropriate, lowing: TION.—In this subparagraph, the term ‘car- with the head of any other relevant Federal ‘‘(ii) is covered by a programmatic plan or bon dioxide utilization’ refers to tech- agency and relevant stakeholders, not later environmental review developed for the pri- nologies or approaches that lead to the use than 1 year after the date of enactment of mary purpose of facilitating development of of carbon dioxide— the USE IT Act, the Administrator shall pre- carbon dioxide pipelines; or’’; and ‘‘(I) through the fixation of carbon dioxide pare, submit to Congress, and make publicly (2) by adding at the end the following: through photosynthesis or chemosynthesis, available a report that includes— ‘‘(C) INCLUSION.—For purposes of subpara- such as through the growing of algae or bac- ‘‘(I) a comprehensive identification of po- graph (A), construction of infrastructure for teria; tential risks and benefits to project devel- carbon capture includes construction of—

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‘‘(i) any facility, technology, or system (i) facilitates reviews associated with the (i) IN GENERAL.—The Chair shall— that captures, utilizes, or sequesters carbon deployment of carbon capture, utilization, (I) develop criteria for the selection of dioxide emissions, including projects for di- and sequestration projects and carbon diox- members to each task force; and rect air capture (as defined in paragraph ide pipelines; and (II) select members for each task force in (6)(B)(i) of section 103(g) of the Clean Air Act (ii) supports the efficient, orderly, and re- accordance with subclause (I) and clause (ii). (42 U.S.C. 7403(g)); and sponsible development of carbon capture, (ii) MEMBERS.—Each task force— ‘‘(ii) carbon dioxide pipelines.’’. utilization, and sequestration projects and (I) shall include not less than 1 representa- (e) DEVELOPMENT OF CARBON CAPTURE, UTI- carbon dioxide pipelines. tive of each of— LIZATION, AND SEQUESTRATION REPORT, PER- (B) REQUIREMENTS.— (aa) the Environmental Protection Agency; MITTING GUIDANCE, AND REGIONAL PERMIT- (i) IN GENERAL.—The guidance under sub- (bb) the Department of Energy; TING TASK FORCE.— paragraph (A) shall address requirements (cc) the Department of the Interior; (1) DEFINITIONS.—In this subsection: under— (dd) any other Federal agency the Chair (A) CARBON CAPTURE, UTILIZATION, AND SE- (I) the National Environmental Policy Act determines to be appropriate; QUESTRATION PROJECTS.—The term ‘‘carbon of 1969 (42 U.S.C. 4321 et seq.); (ee) any State that requests participation capture, utilization, and sequestration (II) the Federal Water Pollution Control in the geographical area covered by the task projects’’ includes projects for direct air cap- Act (33 U.S.C. 1251 et seq.); force; ture (as defined in paragraph (6)(B)(i) of sec- (III) the Clean Air Act (42 U.S.C. 7401 et (ff) developers or operators of carbon cap- tion 103(g) of the Clean Air Act (42 U.S.C. seq.); ture, utilization, and sequestration projects 7403(g))). (IV) the Safe Drinking Water Act (42 U.S.C. or carbon dioxide pipelines; and (B) EFFICIENT, ORDERLY, AND RESPON- 300f et seq.); (gg) nongovernmental membership organi- SIBLE.—The term ‘‘efficient, orderly, and re- (V) the Endangered Species Act of 1973 (16 zations, the primary mission of which con- sponsible’’ means, with respect to develop- U.S.C. 1531 et seq.); cerns protection of the environment; and ment or the permitting process for carbon (VI) division A of subtitle III of title 54, (II) at the request of a Tribal or local gov- capture, utilization, and sequestration United States Code (formerly known as the ernment, may include a representative of— projects and carbon dioxide pipelines, a proc- ‘‘National Historic Preservation Act’’); (aa) not less than 1 local government in ess that is completed in an expeditious man- (VII) the Migratory Bird Treaty Act (16 the geographical area covered by the task ner while maintaining environmental, U.S.C. 703 et seq.); force; and health, and safety protections. (VIII) the Act of June 8, 1940 (16 U.S.C. 668 (bb) not less than 1 Tribal government in (2) REPORT.— et seq.) (commonly known as the ‘‘Bald and the geographical area covered by the task (A) IN GENERAL.—Not later than 180 days Golden Eagle Protection Act’’); and force. after the date of enactment of this Act, the (IX) any other Federal law that the Chair (C) MEETINGS.— Chair of the Council on Environmental Qual- determines to be appropriate. (i) IN GENERAL.—Each task force shall meet ity (referred to in this section as the (ii) ENVIRONMENTAL REVIEWS.—The guid- not less than twice each year. ‘‘Chair’’), in consultation with the Adminis- ance under subparagraph (A) shall include di- (ii) JOINT MEETING.—To the maximum ex- trator of the Environmental Protection rection to States and other interested par- tent practicable, the task forces shall meet Agency, the Secretary of Energy, the Sec- ties for the development of programmatic collectively not less than once each year. retary of the Interior, the Executive Direc- environmental reviews under the National (D) DUTIES.—Each task force shall— tor of the Federal Permitting Improvement Environmental Policy Act of 1969 (42 U.S.C. (i) inventory existing or potential Federal Council, and the head of any other relevant 4321 et seq.) for carbon capture, utilization, and State approaches to facilitate reviews Federal agency (as determined by the Presi- and sequestration projects and carbon diox- associated with the deployment of carbon dent), shall prepare a report that— ide pipelines. capture, utilization, and sequestration (i) compiles all existing relevant Federal (iii) PUBLIC INVOLVEMENT.—The guidance projects and carbon dioxide pipelines, includ- permitting and review information and re- under subparagraph (A) shall be subject to ing best practices that— sources for project applicants, agencies, and the public notice, comment, and solicitation (I) avoid duplicative reviews; other stakeholders interested in the deploy- of information procedures under section (II) engage stakeholders early in the per- ment of carbon capture, utilization, and se- 1506.6 of title 40, Code of Federal Regulations mitting process; and questration projects and carbon dioxide pipe- (or a successor regulation). (III) make the permitting process efficient, lines, including— (C) SUBMISSION; PUBLICATION.—The Chair orderly, and responsible; (I) the appropriate points of interaction shall— (ii) develop common models for State-level with Federal agencies; (i) submit the guidance under subpara- carbon dioxide pipeline regulation and over- (II) clarification of the permitting respon- graph (A) to the Committee on Environment sight guidelines that can be shared with sibilities and authorities among Federal and Public Works of the Senate and the States in the geographical area covered by agencies; and Committee on Energy and Commerce of the the task force; (III) best practices and templates for per- House of Representatives; and (iii) provide technical assistance to States mitting; (ii) as soon as practicable, make the guid- in the geographical area covered by the task (ii) inventories current or emerging activi- ance publicly available. force in implementing regulatory require- ties that transform captured carbon dioxide (D) EVALUATION.—The Chair shall— ments and any models developed under into a product of commercial value, or as an (i) periodically evaluate the reports of the clause (ii); input to products of commercial value; task forces under paragraph (4)(E) and, as (iv) inventory current or emerging activi- (iii) inventories existing initiatives and re- necessary, revise the guidance under sub- ties that transform captured carbon dioxide cent publications that analyze or identify paragraph (A); and into a product of commercial value, or as an priority carbon dioxide pipelines needed to (ii) each year, submit to the Committee on input to products of commercial value; enable efficient, orderly, and responsible de- Environment and Public Works of the Sen- (v) identify any priority carbon dioxide velopment of carbon capture, utilization, and ate, the Committee on Energy and Com- pipelines needed to enable efficient, orderly, sequestration projects at increased scale; merce of the House of Representatives, and and responsible development of carbon cap- (iv) identifies gaps in the current Federal relevant Federal agencies a report that de- ture, utilization, and sequestration projects regulatory framework for the deployment of scribes any recommendations for legislation, at increased scale; carbon capture, utilization, and sequestra- rules, revisions to rules, or other policies (vi) identify gaps in the current Federal tion projects and carbon dioxide pipelines; that would address the issues identified by and State regulatory framework and in ex- and the task forces under paragraph (4)(E). isting data for the deployment of carbon cap- (v) identifies Federal financing mecha- (4) TASK FORCE.— ture, utilization, and sequestration projects nisms available to project developers. (A) ESTABLISHMENT.—Not later than 18 and carbon dioxide pipelines; (B) SUBMISSION; PUBLICATION.—The Chair months after the date of enactment of this (vii) identify Federal and State financing shall— Act, the Chair shall establish not less than 2 mechanisms available to project developers; (i) submit the report under subparagraph task forces, which shall each cover a dif- and (A) to the Committee on Environment and ferent geographical area with differing de- (viii) develop recommendations for rel- Public Works of the Senate and the Com- mographic, land use, or geological issues— evant Federal agencies on how to develop mittee on Energy and Commerce of the (i) to identify permitting and other chal- and research technologies that— House of Representatives; and lenges and successes that permitting au- (I) can capture carbon dioxide; and (ii) as soon as practicable, make the report thorities and project developers and opera- (II) would be able to be deployed within the publicly available. tors face; and region covered by the task force, including (3) GUIDANCE.— (ii) to improve the performance of the per- any projects that have received technical or (A) IN GENERAL.—After submission of the mitting process and regional coordination financial assistance for research under para- report under paragraph (2)(B), but not later for the purpose of promoting the efficient, graph (6) of section 103(g) of the Clean Air than 1 year after the date of enactment of orderly, and responsible development of car- Act (42 U.S.C. 7403(g)). this Act, the Chair shall submit guidance bon capture, utilization, and sequestration (E) REPORT.—Each year, each task force consistent with that report to all relevant projects and carbon dioxide pipelines. shall prepare and submit to the Chair and to Federal agencies that— (B) MEMBERS AND SELECTION.— the other task forces a report that includes—

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.052 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3681 (i) any recommendations for improvements (2) the term ‘‘covered program’’ means a used to help protect federally funded re- in efficient, orderly, and responsible issuance research program of a Federal agency for search and development from foreign inter- or administration of Federal permits and which the Director determines compliance ference, cyber attacks, espionage, intellec- other Federal authorizations required under with the Framework is required; tual property theft, and other attempts by a law described in paragraph (3)(B)(i); and (3) the term ‘‘Director’’ means the Director foreign governments or representatives (ii) any other nationally relevant informa- of the Office of Science and Technology Pol- thereof that attempt to compromise the in- tion that the task force has collected in car- icy; tegrity of the United States scientific and rying out the duties under subparagraph (D). (4) the term ‘‘Federal agency’’ means an technological enterprise; (F) EVALUATION.—Not later than 5 years Executive agency, as defined in section 105 of (iii) recommending additional mechanisms after the date of enactment of this Act, the title 5, United States Code; for control to help protect federally funded Chair shall— (5) the term ‘‘Framework’’ means the research and development from foreign in- (i) reevaluate the need for the task forces; framework developed by the working group terference, cyber attacks, espionage, and in- and under subsection (b)(3)(A); tellectual property theft, including— (ii) submit to Congress a recommendation (6) the term ‘‘institution of higher edu- (I) disclosing foreign interests, invest- as to whether the task forces should con- cation’’ has the meaning given the term in ments, or involvement relating to Federal tinue. section 101 of the Higher Education Act of research; and 1965 (20 U.S.C. 1001); and (II) creating and providing to each Federal SA 653. Mr. CRAPO (for himself, Mr. (7) the term ‘‘working group’’ means the agency a list, which shall not be made avail- interagency working group established under WARNER, Mr. DAINES, and Mrs. FEIN- able to the public, of researchers found to be subsection (b). STEIN) submitted an amendment in- knowingly fraudulent in disclosure and the (b) INTERAGENCY WORKING GROUP FOR CO- institution of higher education where the tended to be proposed by him to the ORDINATION AND DEVELOPMENT OF FEDERAL bill S. 1790, to authorize appropriations CYBERSECURITY AND RESEARCH PROTECTION fraudulence occurred; and for fiscal year 2020 for military activi- FRAMEWORK.— (iv) developing a clear, unified metric across Federal agencies that covered appli- ties of the Department of Defense, for (1) IN GENERAL.—The Director, acting through the National Science and Tech- cants will use to determine compliance with military construction, and for defense the Framework for purposes of subsection activities of the Department of Energy, nology Council and in coordination with the National Security Advisor, shall establish an (c)(2); and to prescribe military personnel interagency working group to— (B) coordinate activities to protect feder- strengths for such fiscal year, and for (A) coordinate Federal science and tech- ally funded research and development from other purposes; which was ordered to nology agency and Federal intelligence and foreign interference, cyber attacks, theft, lie on the table; as follows: security activities; and and espionage and develop common defini- At the appropriate place in title X, insert (B) develop a Federal agency framework tions and best practices for Federal science the following: for compliance and best practices, which agencies, grantees, and covered applicants, shall be aimed at enhancing cybersecurity including by— SEC. ll. PLAN FOR STRENGTHENING THE SUP- (i) developing common definitions and PLY CHAIN INTELLIGENCE FUNC- protocols and protecting federally funded re- TION. search and development activities from for- aligning terms across Federal agencies, including sensitive technologies, critical tech- (a) IN GENERAL.—Not later than 180 days eign interference, espionage, and after the date of the enactment of this Act, exfiltration. nologies, emerging technologies, genomic the Director of the National Counterintel- (2) MEMBERSHIP.—The working group shall, data, and foundational technologies; ligence and Security Center, in coordination at a minimum, be composed of the following (ii) coordinating efforts among Federal with the Director of the Defense Counter- members: agencies to share important information, intelligence and Security Agency and other (A) The Director, who shall serve as chair suspicious foreign actors, specific examples interagency partners, shall submit to Con- of the working group. or attempts at foreign interference, cyber at- gress a plan for strengthening the supply (B) A representative from the National tacks, theft, or espionage with key stake- chain intelligence function. Science and Technology Council. holders, including institutions of higher edu- (b) ELEMENTS.—The plan submitted under (C) Not more than 2 representatives from cation, federally funded research and devel- subsection (a) shall address the following: each of the following entities: opment centers, and nonprofit research insti- (1) The appropriate workforce model, in- (i) The Department of State. tutions, to help them better understand and cluding size, mix, and seniority, from the (ii) The Department of the Treasury. defend against those threats; elements of the intelligence community and (iii) The Department of Defense. (iii) identifying potential cyber threats other interagency partners. (iv) The Department of Justice. and vulnerabilities within the United States (2) The budgetary resources necessary to (v) The Department of Education. scientific and technological enterprise and implement the plan. (vi) The Department of Energy. working with Federal agencies and other (3) The appropriate governance structure (vii) The Department of Agriculture. stakeholders to develop and implement within the intelligence community and with (viii) The Department of Homeland Secu- strategies and best practices to defend and interagency partners. rity. protect against potential cyber attacks that (4) The authorities necessary to implement (ix) The National Institutes of Health. may compromise research being conducted the plan. (x) The National Science Foundation. on behalf of the Federal Government; (c) DEFINITION OF INTELLIGENCE COMMU- (xi) The National Aeronautics and Space (iv) developing and periodically updating NITY.—In this section, the term ‘‘intelligence Administration. unclassified policy guidance to assist Fed- community’’ has the meaning given such (xii) The National Institute of Standards eral science agencies, institutions of higher term in section 3 of the National Security and Technology. education, and grantees in defending against Act of 1947 (50 U.S.C. 3003). (xiii) The Federal Bureau of Investigation. threats to federally funded research and the (xiv) The Central Intelligence Agency. development and integrity of the United SA 654. Mr. CORNYN (for himself and (xv) The Office of Management and Budget. States scientific enterprise that shall in- (xvi) The National Economic Council. clude— Ms. ROSEN) submitted an amendment (xvii) The Office of the Director of Na- (I) common definitions and terminology intended to be proposed by him to the tional Intelligence. for classification of research and tech- bill S. 1790, to authorize appropriations (xviii) Such other Federal agencies as the nologies that are covered programs; for fiscal year 2020 for military activi- Director considers appropriate. (II) identified areas of research or tech- ties of the Department of Defense, for (3) RESPONSIBILITIES.—Not later than 1 nology that may require additional controls; military construction, and for defense year after the date of enactment of this Act, and activities of the Department of Energy, the working group shall— (III) a classified addendum as necessary to to prescribe military personnel (A) develop a framework for compliance further inform Federal science agency deci- strengths for such fiscal year, and for across Federal agencies to apply to applica- sion-making; and tions submitted by covered applicants for (v) determining how current Federal ef- other purposes; which was ordered to covered programs, which shall include— forts, as described in the memorandum lie on the table; as follows: (i) establishing a clear, unified cybersecu- issued by the Office of Science and Tech- At the end of subtitle C of title II, add the rity policy across Federal agencies for the nology Policy on February 22, 2013 entitled following: protection of Federal research from foreign ‘‘Increasing Access to the Results of Feder- SEC. 243. FEDERAL CYBERSECURITY AND RE- interference, while accounting for the impor- ally Funded Scientific Research’’, can be ap- SEARCH PROTECTION POLICY. tance of the open exchange of ideas and propriately balanced with concerns about (a) DEFINITIONS.—In this section— international talent required for scientific the need to protect certain research data, in- (1) the term ‘‘covered applicant’’ means an progress and leadership of the United States formation, and resulting technologies from applicant for funding from a Federal agency in science and technology; foreign actors seeking to utilize that infor- to carry out research under a covered pro- (ii) identifying how existing mechanisms mation for the express interest of advancing gram; for control of science and technology can be their scientific, technological, economic, and

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.052 S18JNPT1 S3682 CONGRESSIONAL RECORD — SENATE June 18, 2019 military interests and which are directly SA 655. Mr. ROMNEY submitted an (ii) an assessment of whether the theft counter to United States interests. amendment intended to be proposed by made the United States entity vulnerable or (4) ENGAGEMENT.—In developing the him to the bill S. 1790, to authorize ap- unable to compete; Framework and the compliance metric de- propriations for fiscal year 2020 for (iii) an identification of the Chinese person scribed in paragraph (3)(A)(iv), the working or Chinese persons that conducted the theft; group shall solicit and incorporate input military activities of the Department and from representatives of institutions of high- of Defense, for military construction, (iv) an identification of any Chinese person er education conducting federally funded re- and for defense activities of the De- that is using or has used the stolen intellec- search and development, including— partment of Energy, to prescribe mili- tual property in commercial activity in the (A) facility security officers; tary personnel strengths for such fiscal United States. (B) chief information officers; year, and for other purposes; which was (C) An identification of United States enti- (C) vice presidents for research; ordered to lie on the table; as follows: ties that have gone out of business in part (D) chief technology officers; and At the end of subtitle E of title XII, add due to theft of intellectual property con- (E) other relevant officers as determined the following: ducted by Chinese persons. by the Director. (3) FORM.—The report required by para- SEC. 1262. POLICY WITH RESPECT TO EXPANSION (5) REPORTING REQUIREMENTS.—The Direc- OF COOPERATION WITH ALLIES IN graph (1) shall be submitted in classified tor shall— THE INDO-PACIFIC REGION AND EU- form. (A) not later than 60 days after the date of ROPE TO COUNTER THE RISE OF (b) UNCLASSIFIED REPORT.— enactment of this Act, report to Congress on THE PEOPLE’S REPUBLIC OF CHINA. (1) IN GENERAL.—Not later than 60 days the progress of establishing the working (a) FINDINGS.—Congress makes the fol- after the date of the enactment of this Act, group; and lowing findings: the Director of National Intelligence shall (B) not later than 270 days after the date of (1) The People’s Republic of China is submit to Congress and make available to enactment of this Act, report to Congress on leveraging military modernization, influence the public an unclassified report on theft of the activities of the working group, includ- operations, and predatory economics to co- intellectual property conducted by Chinese ing the progress of the working group in erce neighboring countries to reorder the persons. meeting the responsibilities described in Indo-Pacific region to the advantage of the (2) ELEMENTS.—The report required by paragraphs (3) and (4). People’s Republic of China. paragraph (1) shall include the following: (c) APPLICATION OF AND COMPLIANCE WITH (2) As the People’s Republic of China con- (A) An identification of any Chinese person FRAMEWORK.— tinues its economic and military ascendance, that— (1) APPLICATION.—The Framework shall asserting power through a whole of govern- (i) has conducted theft of intellectual prop- apply to— ment long-term strategy, the People’s Re- erty from one or more United States enti- (A) each grant by a Federal agency pro- public of China will continue to pursue a ties; or viding funds to be used to carry out research military modernization program that seeks (ii) is using or has used intellectual prop- under a covered program; and Indo-Pacific regional hegemony in the near- erty stolen by a Chinese person in commer- (B) any researcher that applies for funds term and displacement of the United States cial activity in the United States. under a covered program. to achieve global preeminence in the future. (B) A general description of the intellec- (2) COMPLIANCE.—Each covered applicant (3) The most important long-term objec- tual property involved. shall disclose in the application for funding tive of the defense strategy of the United (C) For each Chinese person identified for a covered program whether the applicant States is to set the military relationship be- under subparagraph (A), an assessment of is in compliance with the Framework. tween the United States and the People’s Re- whether that person is using or has used the (d) OSTP REPORT.—Not later than 1 year public of China on a path toward trans- stolen intellectual property in commercial after the date on which the Framework is de- parency and nonaggression. activity in the United States. veloped under subsection (b)(3)(A), and bien- (b) STATEMENT OF POLICY.—It is the policy (c) DEFINITIONS.—In this section: nially thereafter, the Director shall submit of the United States— (1) AGENCY OR INSTRUMENTALITY OF THE to the Committee on Commerce, Science, (1) to expand military, diplomatic, and eco- GOVERNMENT OF THE PEOPLE’S REPUBLIC OF and Transportation, the Committee on nomic alliances in the Indo-Pacific region CHINA.—The term ‘‘agency or instrumen- Homeland Security and Governmental Af- and with Europe and like-minded countries tality of the Government of the People’s Re- fairs, and the Committee on Foreign Rela- around the globe that are critical to address- public of China’’ means any entity— tions of the Senate and the Committee on ing the rise of the People’s Republic of (A) that is a separate legal person, cor- Science, Space, and Technology, the Com- China; and porate or otherwise; mittee on Oversight and Reform, and the (2) to develop, in collaboration with such (B) that is an organ of the Government of Committee on Foreign Affairs of the House allies, a unified approach to address the rise the People’s Republic of China or a political of Representatives a report discussing— of the People’s Republic of China. subdivision thereof, or a majority of whose (1) the research programs of Federal agen- shares or other ownership interest is owned cies that are covered programs; SA 656. Mr. ROMNEY submitted an by that government or a political subdivi- (2) the research programs of Federal agen- amendment intended to be proposed by sion thereof; and cies that the Director determines are not him to the bill S. 1790, to authorize ap- (C) that is neither a citizen of the United covered programs, and the basis for the de- States, nor created under the laws of any termination; and propriations for fiscal year 2020 for military activities of the Department third country. (3) analysis of enforcement mechanisms (2) CHINESE PERSON.—The term ‘‘Chinese and penalties for fraudulently disclosing for- of Defense, for military construction, person’’ means— eign interests, investments, or involvement and for defense activities of the De- (A) an individual who is a citizen or na- relating to federally funded research and po- partment of Energy, to prescribe mili- tional of the People’s Republic of China; tential recommendations for future legisla- tary personnel strengths for such fiscal (B) an entity organized under the laws of tion to address unmet needs to protect feder- year, and for other purposes; which was the People’s Republic of China or otherwise ally funded research from foreign inter- ordered to lie on the table; as follows: subject to the jurisdiction of the Govern- ference, cyber attacks, theft, or espionage. ment of the People’s Republic of China; or (e) GAO REPORT.—Not later than 3 years At the end of subtitle E of title XII, add (C) the Government of the People’s Repub- after the date of enactment of this Act, the the following: Comptroller General of the United States SEC. 1262. REPORTS ON THEFT OF INTELLEC- lic of China or any agency or instrumen- shall submit to the Committee on Homeland TUAL PROPERTY CONDUCTED BY tality of the Government of the People’s Re- Security and Governmental Affairs of the CHINESE PERSONS. public of China. Senate and the Committee on Oversight and (a) CLASSIFIED REPORT.— (3) COMMERCIAL ACTIVITY.—The term ‘‘com- Reform of the House of Representatives a re- (1) IN GENERAL.—Not later than 60 days mercial activity’’ means either a regular port that— after the date of the enactment of this Act, course of commercial conduct or a particular (1) includes an analysis of the implementa- the Director of National Intelligence shall commercial transaction or act. The commer- tion of the Framework by Federal agencies; submit to Congress a report on theft of intel- cial character of an activity shall be deter- and lectual property conducted by Chinese per- mined by reference to the nature of the (2) examines compliance by institutions of sons. course of conduct or particular transaction higher education, federally funded research (2) ELEMENTS.—The report required by or act, rather than by reference to its pur- and development centers, and nonprofit re- paragraph (1) shall include the following: pose. search institutions with the Framework. (A) An identification of the United States (4) INTELLECTUAL PROPERTY.—The term (f) RULE OF CONSTRUCTION.—Nothing in this entities from which a Chinese person has ‘‘intellectual property’’ means— section or resulting framework shall be con- conducted theft of intellectual property. (A) any work protected by a copyright strued to affect or otherwise disrupt research (B) For each United States entity identi- under title 17, United States Code; activities occurring before, on, or after the fied under subparagraph (A), to the extent (B) any property protected by a patent date of enactment of this Act, unless as de- practicable— granted by the United States Patent and termined by a majority of the working (i) a description of the type of intellectual Trademark Office under title 35, United group. property theft; States Code;

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.053 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3683 (C) any word, name, symbol, or device, or cluding methadone), contributing to a record ficking of illicit fentanyl originating from any combination thereof, that is registered 31,900 overdose deaths. While drug overdose the People’s Republic of China into the as a trademark with the United States Pat- death estimates from methadone, semi-syn- United States, so it is in the interests of ent and Trademark Office under the Act en- thetic opioids, and heroin have decreased in both the United States and the People’s Re- titled ‘‘An Act to provide for the registration recent months, overdose deaths from syn- public of China to support full, effective, and and protection of trademarks used in com- thetic opioids have continued to increase. strict enforcement of the regulations. merce, to carry out the provisions of certain (2) Congress and the President have taken SEC. 1704. DEFINITIONS. international conventions, and for other pur- a number of actions to combat the demand In this title: poses’’, approved July 5, 1946 (commonly for illicit opioids in the United States, in- (1) ALIEN; NATIONAL; NATIONAL OF THE known as the ‘‘Lanham Act’’ or the ‘‘Trade- cluding enacting into law the SUPPORT for UNITED STATES.—The terms ‘‘alien’’, ‘‘na- mark Act of 1946’’) (15 U.S.C. 1051 et seq.); Patients and Communities Act (Public Law tional’’, and ‘‘national of the United States’’ (D) a trade secret (as defined in section 115–271; 132 Stat. 3894). While new statutes have the meanings given those terms in sec- 1839 of title 18, United States Code); or and regulations have reduced the rate of tion 101 of the Immigration and Nationality (E) any other form of intellectual property. opioid prescriptions in recent years, fully ad- Act (8 U.S.C. 1101). dressing the United States opioid crisis will (5) UNITED STATES ENTITY.—The term (2) APPROPRIATE CONGRESSIONAL COMMIT- involve dramatically restricting the foreign ‘‘United States entity’’ means an entity or- TEES AND LEADERSHIP.—The term ‘‘appro- supply of illicit opioids. ganized under the laws of the United States priate congressional committees and leader- (3) The People’s Republic of China is the or any jurisdiction within the United States. ship’’ means— world’s largest producer of illicit fentanyl, (A) the Committee on Appropriations, the fentanyl analogues, and their immediate pre- SA 657. Mr. ROMNEY submitted an Committee on Armed Services, the Com- cursors. From the People’s Republic of amendment intended to be proposed by mittee on Banking, Housing, and Urban Af- China, those substances are shipped pri- him to the bill S. 1790, to authorize ap- fairs, the Committee on Foreign Relations, marily through express consignment carriers the Committee on Homeland Security and propriations for fiscal year 2020 for or international mail directly to the United Governmental Affairs, the Committee on the military activities of the Department States, or, alternatively, shipped directly to Judiciary, the Select Committee on Intel- of Defense, for military construction, transnational criminal organizations in Mex- and for defense activities of the De- ico, Canada, and the Caribbean. ligence, and the majority leader and the minority leader of the Senate; and partment of Energy, to prescribe mili- (4) The United States and the People’s Re- public of China, Mexico, and Canada have (B) the Committee on Appropriations, the tary personnel strengths for such fiscal Committee on Armed Services, the Com- year, and for other purposes; which was made important strides in combating the illicit flow of opioids through bilateral efforts mittee on Financial Services, the Committee ordered to lie on the table; as follows: of their respective law enforcement agencies. on Foreign Affairs, the Committee on Home- At the end of subtitle C of title XVI, add (5) The objective of preventing the pro- land Security, the Committee on the Judici- the following: liferation of illicit opioids though existing ary, the Permanent Select Committee on In- SEC. lll. UPDATE ON COMPTROLLER GENERAL multilateral and bilateral initiatives re- telligence, and the Speaker and the minority OF THE UNITED STATES REPORT ON quires additional efforts to deny illicit ac- leader of the House of Representatives. WEAPON SYSTEMS CYBERSECURITY. tors the financial means to sustain their (3) CONTROLLED SUBSTANCE; LISTED CHEM- (a) UPDATE REQUIRED.—Not later than one markets and distribution networks. ICAL.—The terms ‘‘controlled substance’’, year after the date of the enactment of this (6) The implementation on May 1, 2019, of ‘‘listed chemical’’, ‘‘narcotic drug’’, and Act, the Comptroller General of the United the regulations of the People’s Republic of ‘‘opioid’’ have the meanings given those States shall submit to Congress an update to China to schedule all fentanyl analogues as terms in section 102 of the Controlled Sub- the October 2018 report of the Comptroller controlled substances is a major step in com- stances Act (21 U.S.C. 802). General entitled ‘‘Weapon Systems Cyberse- bating global opioid trafficking and rep- (4) ENTITY.—The term ‘‘entity’’ means a curity’’. resents a major achievement in United partnership, joint venture, association, cor- (b) CONTENTS.—The update required by sub- States-China law enforcement dialogues. poration, organization, network, group, or section (a) shall include the following: However, that step will effectively fulfill the subgroup, or any form of business collabora- (1) Recommendations to minimize cyber commitment that President Xi Jinping of tion. vulnerabilities in weapon systems. the People’s Republic of China made to (5) FOREIGN OPIOID TRAFFICKER.—The term (2) A proposed timeline for implementing President Donald Trump at the Group of ‘‘foreign opioid trafficker’’ means any for- such recommendations. Twenty meeting in December 2018 only if the eign person that the President determines (c) FORM.—The update submitted under Government of the People’s Republic of plays a significant role in opioid trafficking. subsection (a) shall be submitted in unclassi- China devotes sufficient resources to full im- (6) FOREIGN PERSON.—The term ‘‘foreign fied form, but may include a classified plementation and strict enforcement of the person’’— annex. new regulations. The effective enforcement (A) means— of the new regulations should result in di- (i) any citizen or national of a foreign SA 658. Mr. COTTON (for himself, Mr. minished trafficking of illicit fentanyl origi- country; or SCHUMER, Mr. CRAPO, Mr. BROWN, Mr. nating from the People’s Republic of China (ii) any entity not organized under the RUBIO, Mr. MENENDEZ, Mrs. SHAHEEN, into the United States, so it is in the inter- laws of the United States or a jurisdiction ests of both the United States and the Peo- within the United States; and Mr. TOOMEY, Mr. CORNYN, Mrs. CAPITO, ple’s Republic of China to support the effec- (B) does not include the government of a Mr. PETERS, Mr. MARKEY, Mrs. FEIN- tive enforcement of the regulations. foreign country. STEIN, and Mrs. BLACKBURN) submitted (7) While the Department of the Treasury (7) KNOWINGLY.—The term ‘‘knowingly’’, an amendment intended to be proposed used the Foreign Narcotics Kingpin Designa- with respect to conduct, a circumstance, or a by him to the bill S. 1790, to authorize tion Act (21 U.S.C. 1901 et seq.) to sanction result, means that a person has actual appropriations for fiscal year 2020 for the first synthetic opioid trafficking entity knowledge, or should have known, of the military activities of the Department in April 2018, additional economic and finan- conduct, the circumstance, or the result. of Defense, for military construction, cial sanctions policy tools are needed to help (8) OPIOID TRAFFICKING.—The term ‘‘opioid combat the flow of synthetic opioids into the and for defense activities of the De- trafficking’’ means any illicit activity— United States. (A) to produce, manufacture, distribute, partment of Energy, to prescribe mili- SEC. 1703. SENSE OF CONGRESS. sell, or knowingly finance or transport illicit tary personnel strengths for such fiscal It is the sense of Congress that— synthetic opioids, controlled substances that year, and for other purposes; which was (1) the United States should apply eco- are synthetic opioids, listed chemicals that ordered to lie on the table; as follows: nomic and other financial sanctions to for- are synthetic opioids, or active pharma- At the end of division A, add the following: eign traffickers of illicit opioids to protect ceutical ingredients or chemicals that are the national security, foreign policy, and used in the production of controlled sub- TITLE XVII—SANCTIONS WITH RESPECT economy of the United States and the health stances that are synthetic opioids; TO FOREIGN TRAFFICKERS OF ILLICIT of the people of the United States; (B) to attempt to carry out an activity de- SYNTHETIC OPIOIDS (2) it is imperative that the People’s Re- scribed in subparagraph (A); or SEC. 1701. SHORT TITLE. public of China follow through on full imple- (C) to assist, abet, conspire, or collude with This title may be cited as the ‘‘Fentanyl mentation of the new regulations, adopted other persons to carry out such an activity. Sanctions Act’’. May 1, 2019, to treat all fentanyl analogues (9) PERSON.—The term ‘‘person’’ means an SEC. 1702. FINDINGS. as controlled substances under the laws of individual or entity. Congress makes the following findings: the People’s Republic of China, including by (10) UNITED STATES PERSON.—The term (1) The Centers for Disease Control and devoting sufficient resources for implemen- ‘‘United States person’’ means— Prevention estimate that from September tation and strict enforcement of the new reg- (A) any citizen or national of the United 2017 through September 2018 more than 48,200 ulations; and States; people in the United States died from an (3) the effective enforcement of the new (B) any alien lawfully admitted for perma- opioid overdose, with synthetic opioids (ex- regulations should result in diminished traf- nent residence in the United States;

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.053 S18JNPT1 S3684 CONGRESSIONAL RECORD — SENATE June 18, 2019 (C) any entity organized under the laws of quired by subsection (a) or (b) shall not dis- tity, and four or more of such sanctions with the United States or any jurisdiction within close the identity of any person if the Direc- respect to each foreign person that is an in- the United States (including a foreign tor of National Intelligence determines that dividual, that— branch of such an entity); or such disclosure could compromise an intel- (1) is identified as a foreign opioid traf- (D) any person located in the United ligence operation, activity, source, or meth- ficker in a report submitted under section States. od of the United States. 1711(a); or Subtitle A—Sanctions With Respect to (2) LAW ENFORCEMENT.—Notwithstanding (2) the President determines is owned, con- Foreign Opioid Traffickers any other provision of this section, a report trolled, directed by, knowingly supplying or required by subsection (a) or (b) shall not sourcing precursors for, or acting for or on SEC. 1711. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS. disclose the identity of any person if the At- behalf of, such a foreign opioid trafficker. (a) PUBLIC REPORT.— torney General, in coordination, as appro- SEC. 1714. DESCRIPTION OF SANCTIONS. (1) IN GENERAL.—The President shall sub- priate, with the Director of the Federal Bu- (a) IN GENERAL.—The sanctions that may mit to the appropriate congressional com- reau of Investigation, the Administrator of be imposed with respect to a foreign person mittees and leadership, in accordance with the Drug Enforcement Administration, the under section 1713 are the following: subsection (c), a report— Secretary of the Treasury, the Secretary of (1) LOANS FROM UNITED STATES FINANCIAL (A) identifying the foreign persons that the State, and the head of any other appropriate INSTITUTIONS.—The United States Govern- President determines are foreign opioid traf- Federal law enforcement agency, determines ment may prohibit any United States finan- fickers; that such disclosure could reasonably be ex- cial institution from making loans or pro- (B) detailing progress the President has pected— viding credits to the foreign person. made in implementing this subtitle; and (A) to compromise the identity of a con- (2) PROHIBITIONS ON FINANCIAL INSTITU- (C) providing an update on cooperative ef- fidential source, including a State, local, or TIONS.—The following prohibitions may be forts with the Governments of Mexico and foreign agency or authority or any private imposed with respect to a foreign person the People’s Republic of China with respect institution that furnished information on a that is a financial institution: to combating foreign opioid traffickers. confidential basis; (A) PROHIBITION ON DESIGNATION AS PRI- MARY DEALER (2) IDENTIFICATION OF ADDITIONAL PER- (B) to jeopardize the integrity or success of .—Neither the Board of Gov- SONS.—If, at any time after submitting a rean ongoing criminal investigation or pros- ernors of the Federal Reserve System nor port required by paragraph (1) and before the ecution; the Federal Reserve Bank of New York may submission of the next such report, the (C) to endanger the life or physical safety designate, or permit the continuation of any President determines that a foreign person of any person; or prior designation of, the financial institution not identified in the report is a foreign (D) to cause substantial harm to physical as a primary dealer in United States Govern- opioid trafficker, the President shall submit property. ment debt instruments. to the appropriate congressional committees (3) NOTIFICATION REQUIRED.—If the Director (B) PROHIBITION ON SERVICE AS A REPOSI- and leadership an additional report con- of National Intelligence makes a determina- TORY OF GOVERNMENT FUNDS.—The financial taining the information required by para- tion under paragraph (1) or the Attorney institution may not serve as agent of the graph (1) with respect to the foreign person. General makes a determination under para- United States Government or serve as repos- (3) EXCLUSION.—The President shall not be graph (2), the Director or the Attorney Gen- itory for United States Government funds. required to include in a report under para- eral, as the case may be, shall notify the ap- The imposition of either sanction under sub- graph (1) or (2) any persons with respect to propriate congressional committees and paragraph (A) or (B) shall be treated as one which the United States has imposed sanc- leadership of the determination and the rea- sanction for purposes of section 1713, and the tions before the date of the report under this sons for the determination. imposition of both such sanctions shall be subtitle or any other provision of law with (4) RULE OF CONSTRUCTION.—Nothing in this treated as 2 sanctions for purposes of that respect to opioid trafficking. section may be construed to authorize or section. (4) FORM OF REPORT.— compel the disclosure of information deter- (3) PROCUREMENT BAN.—The United States (A) IN GENERAL.—Each report required by mined by the President to be law enforce- Government may not procure, or enter into paragraph (1) or (2) shall be submitted in un- ment information, national security infor- any contract for the procurement of, any classified form but may include a classified mation, or other information the disclosure goods or services from the foreign person. annex. of which is prohibited by any other provision (4) FOREIGN EXCHANGE.—The President (B) AVAILABILITY TO PUBLIC.—The unclassi- of law. may, pursuant to such regulations as the fied portion of a report required by para- (e) PROVISION OF INFORMATION REQUIRED President may prescribe, prohibit any trans- graph (1) or (2) shall be made available to the FOR REPORTS.—The Secretary of the Treas- actions in foreign exchange that are subject public. ury, the Attorney General, the Secretary of to the jurisdiction of the United States and (b) CLASSIFIED REPORT.— Defense, the Secretary of State, the Sec- in which the foreign person has any interest. (1) IN GENERAL.—The President shall sub- retary of Homeland Security, and the Direc- (5) BANKING TRANSACTIONS.—The President mit to the appropriate congressional com- tor of National Intelligence shall consult may, pursuant to such regulations as the mittees and leadership, in accordance with among themselves and provide to the Presi- President may prescribe, prohibit any trans- subsection (c), a report, in classified form— dent and the Director of the Office of Na- fers of credit or payments between financial (A) describing in detail the status of sanc- tional Drug Control Policy the appropriate institutions or by, through, or to any finan- tions imposed under this subtitle, including and necessary information to enable the cial institution, to the extent that such the personnel and resources directed toward President to submit the reports required by transfers or payments are subject to the ju- the imposition of such sanctions during the subsection (a). risdiction of the United States and involve preceding fiscal year; SEC. 1712. SENSE OF CONGRESS ON INTER- any interest of the foreign person. (B) providing background information with NATIONAL OPIOID CONTROL RE- (6) PROPERTY TRANSACTIONS.—The Presi- respect to persons newly identified as foreign GIME. dent may, pursuant to such regulations as opioid traffickers and their illicit activities; It is the sense of Congress that, in order to the President may prescribe, prohibit any (C) describing actions the President in- apply economic and other financial sanc- person from— tends to undertake or has undertaken to im- tions to foreign traffickers of illicit opioids (A) acquiring, holding, withholding, using, plement this subtitle; and to protect the national security, foreign pol- transferring, withdrawing, or transporting (D) providing a strategy for identifying ad- icy, and economy of the United States— any property that is subject to the jurisdic- ditional foreign opioid traffickers. (1) the President should instruct the Sec- tion of the United States and with respect to (2) EFFECT ON OTHER REPORTING REQUIRE- retary of State to commence immediately which the foreign person has any interest; MENTS.—The report required by paragraph (1) diplomatic efforts, both in appropriate inter- (B) dealing in or exercising any right, is in addition to the obligations of the Presi- national fora such as the United Nations, the power, or privilege with respect to such prop- dent to keep Congress fully and currently in- Group of Seven, the Group of Twenty, and erty; or formed pursuant to the provisions of the Na- trilaterally and bilaterally with partners of (C) conducting any transaction involving tional Security Act of 1947 (50 U.S.C. 3001 et the United States, to combat foreign opioid such property. seq.). trafficking, including by working to estab- (7) BAN ON INVESTMENT IN EQUITY OR DEBT (c) SUBMISSION OF REPORTS.—Not later lish a multilateral sanctions regime with re- OF SANCTIONED PERSON.—The President may, than 180 days after the date of the enactment spect to foreign opioid trafficking; and pursuant to such regulations or guidelines as of this Act, and annually thereafter until the (2) the Secretary of State, in consultation the President may prescribe, prohibit any date that is 5 years after such date of enact- with the Secretary of the Treasury, should United States person from investing in or ment, the President shall submit the reports intensify efforts to maintain and strengthen purchasing significant amounts of equity or required by subsections (a) and (b) to the ap- the coalition of countries formed to combat debt instruments of the foreign person. propriate congressional committees and foreign opioid trafficking. (8) EXCLUSION OF CORPORATE OFFICERS.— leadership. SEC. 1713. IMPOSITION OF SANCTIONS. The President may direct the Secretary of (d) EXCLUSION OF CERTAIN INFORMATION.— The President shall impose five or more of State to deny a visa to, and the Secretary of (1) INTELLIGENCE.—Notwithstanding any the sanctions described in section 1714 with Homeland Security to exclude from the other provision of this section, a report re- respect to each foreign person that is an en- United States, any alien that the President

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.056 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3685 determines is a corporate officer or principal (ii) Implementing substantial improve- which any diplomatic efforts described in of, or a shareholder with a controlling inter- ments in judicial regulations to combat section 1712 of the Fentanyl Sanctions Act est in, the foreign person. transnational criminal organizations that have been successful. (9) SANCTIONS ON PRINCIPAL EXECUTIVE OFFI- traffic opioids. ‘‘(B) Each assessment required by subpara- CERS.—The President may impose on the (iii) Increasing efforts to prosecute foreign graph (A) shall include an identification of— principal executive officer or officers of the opioid traffickers. ‘‘(i) the countries the governments of foreign person, or on individuals performing (iv) Increasing intelligence sharing and law which have agreed to undertake measures to similar functions and with similar authori- enforcement cooperation with the United apply economic or other financial sanctions ties as such officer or officers, any of the States with respect to opioid trafficking. to foreign traffickers of illicit opioids and a sanctions described in paragraphs (1) (3) SUBSEQUENT RENEWAL OF WAIVER.—The description of those measures; and through (8) that are applicable. President may renew a waiver under para- ‘‘(ii) the countries the governments of (b) PENALTIES.—A person that violates, at- graph (1) for subsequent periods of not more which have not agreed to measures described tempts to violate, conspires to violate, or than 12 months each if, not less than 15 days in clause (i), and, with respect to those coun- causes a violation of any regulation, license, before the renewal is to take effect, the Di- tries, other measures the Secretary of State or order issued to carry out subsection (a) rector of National Intelligence certifies to recommends that the United States take to shall be subject to the penalties set forth in the appropriate congressional committees apply economic and other financial sanc- subsections (b) and (c) of section 206 of the and leadership that the government of the tions to foreign traffickers of illicit International Emergency Economic Powers country to which the waiver applies has ef- opioids.’’. Act (50 U.S.C. 1705) to the same extent as a fectively implemented and is effectively en- Subtitle B—Commission on Combating person that commits an unlawful act de- forcing the measures that formed the basis Synthetic Opioid Trafficking scribed in subsection (a) of that section. for the certification under paragraph (2). (c) EXCEPTIONS.— SEC. 1721. COMMISSION ON COMBATING SYN- (b) WAIVERS FOR NATIONAL SECURITY AND THETIC OPIOID TRAFFICKING. (1) INTELLIGENCE AND LAW ENFORCEMENT AC- ACCESS TO PRESCRIPTION MEDICATIONS.— (a) ESTABLISHMENT.— TIVITIES.—Sanctions under this section shall N GENERAL.—The President may waive (1) IN GENERAL.—There is established a not apply with respect to— (1) I commission to develop a consensus on a stra- (A) any activity subject to the reporting the application of sanctions under this sub- tegic approach to combating the flow of syn- requirements under title V of the National title if the President determines that the ap- thetic opioids into the United States. Security Act of 1947 (50 U.S.C. 3091 et seq.); plication of such sanctions would harm— (2) DESIGNATION.—The commission estab- or (A) the national security interests of the lished under paragraph (1) shall be known as (B) any authorized intelligence and law en- United States; or the ‘‘Commission on Synthetic Opioid Traf- forcement activities of the United States. (B) subject to paragraph (2), the access of United States persons to prescription medi- ficking’’ (in this section referred to as the (2) EXCEPTION TO COMPLY WITH UNITED NA- cations. ‘‘Commission’’). TIONS HEADQUARTERS AGREEMENT.—Sanctions (2) MONITORING.—The President shall es- (b) MEMBERSHIP.— under subsection (a)(8) shall not apply to an (1) COMPOSITION.— alien if admitting the alien into the United tablish a monitoring program to verify that a person that receives a waiver under para- (A) IN GENERAL.—Subject to subparagraph States is necessary to permit the United (B), the Commission shall be composed of the States to comply with the Agreement re- graph (1)(B) is not trafficking illicit opioids. (3) NOTIFICATION.—Not later than 15 days following members: garding the Headquarters of the United Na- (i) The Administrator of the Drug Enforce- tions, signed at Lake Success June 26, 1947, after making a determination under paragraph (1), the President shall notify the ap- ment Administration. and entered into force November 21, 1947, be- (ii) The Secretary of Homeland Security. tween the United Nations and the United propriate congressional committees and leadership of the determination and the rea- (iii) The Secretary of Defense. States, the Convention on Consular Rela- (iv) The Secretary of the Treasury. tions, done at Vienna April 24, 1963, and en- sons for the determination. (c) HUMANITARIAN WAIVER.—The President (v) The Secretary of State. tered into force March 19, 1967, or other ap- may waive, for renewable periods of 180 days, (vi) Two members appointed by the major- plicable international obligations. the application of the sanctions under this ity leader of the Senate, one of whom shall (d) IMPLEMENTATION; REGULATORY AUTHOR- be a Member of the Senate and one of whom ITY.— subtitle if the President certifies to the appropriate congressional committees and shall not be. (1) IMPLEMENTATION.—The President may (vii) Two members appointed by the minor- exercise all authorities provided under sec- leadership that the waiver is necessary for the provision of humanitarian assistance. ity leader of the Senate, one of whom shall tions 203 and 205 of the International Emer- be a Member of the Senate and one of whom gency Economic Powers Act (50 U.S.C. 1702 SEC. 1716. PROCEDURES FOR JUDICIAL REVIEW shall not be. OF CLASSIFIED INFORMATION. and 1704) to carry out this section. (viii) Two members appointed by the (a) IN GENERAL.—If a finding under this (2) REGULATORY AUTHORITY.—The President Speaker of the House of Representatives, one shall issue such regulations, licenses, and or- subtitle, or a prohibition, condition, or pen- of whom shall be a Member of the House of ders as are necessary to carry out this sec- alty imposed as a result of any such finding, Representatives and one of whom shall not tion. is based on classified information (as defined be. SEC. 1715. WAIVERS. in section 1(a) of the Classified Information (ix) Two members appointed by the minor- (a) WAIVER FOR STATE-OWNED FINANCIAL Procedures Act (18 U.S.C. App.)) and a court ity leader of the House of Representatives, INSTITUTIONS IN COUNTRIES THAT COOPERATE reviews the finding or the imposition of the one of whom shall be a Member of the House IN MULTILATERAL ANTI-TRAFFICKING EF- prohibition, condition, or penalty, the Presi- of Representatives and one of whom shall FORTS.— dent may submit such information to the not be. (1) IN GENERAL.—The President may waive court ex parte and in camera. (B)(i) The members of the Commission who for a period of not more than 12 months the (b) RULE OF CONSTRUCTION.—Nothing in are not Members of Congress and who are ap- application of sanctions under this subtitle this section shall be construed to confer or pointed under clauses (vi) through (ix) of with respect to a financial institution that is imply any right to judicial review of any subparagraph (A) shall be individuals who owned or controlled, directly or indirectly, finding under this subtitle, or any prohibi- are nationally recognized for expertise, by a foreign government or any political sub- tion, condition, or penalty imposed as a re- knowledge, or experience in— division, agency, or instrumentality of a for- sult of any such finding. (I) transnational criminal organizations eign government, if, not less than 15 days be- SEC. 1717. BRIEFINGS ON IMPLEMENTATION. conducting synthetic opioid trafficking; fore the waiver is to take effect, the Presi- Not later than 90 days after the date of the (II) the production, manufacturing, dis- dent certifies to the appropriate congres- enactment of the Fentanyl Sanctions Act, tribution, sale, or transportation of syn- sional committees and leadership that the and every 180 days thereafter until the date thetic opioids; or foreign government is closely cooperating that is 5 years after such date of enactment, (III) relations between— with the United States in efforts to prevent the President, acting through the Secretary (aa) the United States; and opioid trafficking. of State, in coordination with the Secretary (bb) the People’s Republic of China, Mex- (2) CERTIFICATION.—The President may cer- of the Treasury, shall provide to the appro- ico, or any other country of concern with re- tify under paragraph (1) that a foreign gov- priate congressional committees and leader- spect to trafficking in synthetic opioids. ernment is closely cooperating with the ship a comprehensive briefing on efforts to (ii) An official who appoints members of United States in efforts to prevent opioid implement this subtitle. the Commission may not appoint an indi- trafficking if that government is— SEC. 1718. INCLUSION OF ADDITIONAL MATERIAL vidual as a member of the Commission if the (A) implementing domestic laws to sched- IN INTERNATIONAL NARCOTICS individual possesses any personal or finan- ule all fentanyl analogues as controlled sub- CONTROL STRATEGY REPORT. cial interest in the discharge of any of the stances; and Section 489(a) of the Foreign Assistance duties of the Commission. (B) doing two or more of the following: Act of 1961 (22 U.S.C. 2291(a)) is amended by (iii)(I) All members of the Commission de- (i) Implementing substantial improve- adding at the end the following: scribed in clause (i) shall possess an appro- ments in regulations involving the chemical ‘‘(9)(A) An assessment conducted by the priate security clearance in accordance with and pharmaceutical production and export of Secretary of State, in consultation with the applicable provisions of law concerning the illicit opioids. Secretary of the Treasury, of the extent to handling of classified information.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.056 S18JNPT1 S3686 CONGRESSIONAL RECORD — SENATE June 18, 2019 (II) For the purpose of facilitating the ac- (3) subsections (h)(2)(A) and (i)(1)(A) of to foreign opioid traffickers under subtitle tivities of the Commission, the Director of that section shall be applied and adminis- A. National Intelligence shall expedite to the tered by substituting ‘‘level V of the Execu- (2) FOCUS ON ILLICIT FINANCE.—To the ex- fullest degree possible the processing of secu- tive Schedule under section 5316’’ for ‘‘level tent practicable, efforts described in para- rity clearances that are necessary for mem- IV of the Executive Schedule under section graph (1) shall— bers of the Commission. 5315’’. (A) take into account specific illicit fi- (2) CO-CHAIRS.— (e) TREATMENT OF INFORMATION RELATING nance risks related to narcotics trafficking; (A) IN GENERAL.—The Commission shall TO NATIONAL SECURITY.— and have 2 co-chairs, selected from among the (1) RESPONSIBILITY OF DIRECTOR OF NA- (B) be developed in consultation with the members of the Commission, one of whom TIONAL INTELLIGENCE.—The Director of Na- Undersecretary of the Treasury for Ter- shall be a member of the majority party and tional Intelligence shall assume responsi- rorism and Financial Crimes, appropriate of- one of whom shall be a member of the minor- bility for the handling and disposition of any ficials of the Office of Intelligence and Anal- ity party. information related to the national security ysis of the Department of the Treasury, the (B) SELECTION.—The individuals who serve of the United States that is received, consid- Director of the Financial Crimes Enforce- as the co-chairs of the Commission shall be ered, or used by the Commission under this ment Network, and appropriate Federal law jointly agreed upon by the President, the section. enforcement agencies. majority leader of the Senate, the minority (2) INFORMATION PROVIDED BY CONGRESS.— (b) REVIEW OF COUNTERNARCOTICS EFFORTS leader of the Senate, the Speaker of the Any information related to the national se- OF THE INTELLIGENCE COMMUNITY.—The Di- House of Representatives, and the minority curity of the United States that is provided rector of National Intelligence shall, in co- leader of the House of Representatives. to the Commission by the appropriate con- ordination with the Director of the Office of (c) DUTIES.—The duties of the Commission gressional committees and leadership may National Drug Control Policy, carry out a are as follows: not be further provided or released without comprehensive review of the current intel- (1) To define the core objectives and prior- the approval of the chairperson of the com- ligence collection priorities of the intel- ities of the strategic approach described in mittee, or the Member of Congress, as the ligence community for counternarcotics pur- subsection (a)(1). case may be, that provided the information poses in order to identify whether such prior- (2) To weigh the costs and benefits of var- to the Commission. ities are appropriate and sufficient in light ious strategic options to combat the flow of (3) ACCESS AFTER TERMINATION OF COMMIS- of the number of lives lost in the United synthetic opioids from the People’s Republic SION.—Notwithstanding any other provision States each year due to use of illegal drugs. (c) REPORTS.— of China, Mexico, and other countries. of law, after the termination of the Commis- (1) QUARTERLY REPORTS ON PROGRAM.—Not (3) To evaluate whether the options de- sion under subsection (h), only the members later than 90 days after the date of the enact- scribed in paragraph (2) are exclusive or and designated staff of the appropriate con- ment of this Act, and every 90 days there- complementary, the best means for exe- gressional committees and leadership, the after, the Director of National Intelligence cuting such options, and how the United Director of National Intelligence (and the and the Director of the Office of National States should incorporate and implement designees of the Director), and such other of- Drug Control Policy shall jointly submit to such options within the strategic approach ficials of the executive branch as the Presi- the appropriate congressional committees described in subsection (a)(1). dent may designate shall have access to in- and leadership a report on the status and ac- (4) To review and make determinations on formation related to the national security of complishments of the program required by the difficult choices present within such op- the United States that is received, consid- subsection (a) during the 90-day period end- tions, among them what norms-based re- ered, or used by the Commission. ing on the date of the report. The first report gimes the United States should seek to es- (f) REPORTS.—The Commission shall sub- under this paragraph shall also include a de- tablish to encourage the effective regulation mit to the appropriate congressional com- scription of the amount of funds devoted by of dangerous synthetic opioids. mittees and leadership— the intelligence community to the efforts de- (5) To report on efforts by actors in the (1) not later than 270 days after the date of scribed in subsection (a) during each of fiscal People’s Republic of China to subvert United the enactment of this Act, an initial report years 2017 and 2018. States laws and to supply illicit synthetic on the activities and recommendations of (2) REPORT ON REVIEW.—Not later than 120 opioids to persons in the United States, in- the Commission under this section; and days after the date of the enactment of this cluding up-to-date estimates of the scale of (2) not later than 270 days after the submis- Act, the Director of National Intelligence illicit synthetic opioids flows from the Peo- sion of the initial report under paragraph (1), and the Director of the Office of National ple’s Republic of China. a final report on the activities and rec- Drug Control Policy shall jointly submit to (6) To report on the deficiencies in the reg- ommendations of the Commission under this the appropriate congressional committees ulation of pharmaceutical and chemical pro- section. (g) AUTHORIZATION OF APPROPRIATIONS.— and leadership a comprehensive description duction of controlled substances and export There are authorized to be appropriated of the results of the review required by sub- controls with respect to such substances in $5,000,000 for each of fiscal years 2020 through section (b), including whether the priorities the People’s Republic of China and other 2023 to carry out this section. described in that subsection are appropriate countries that allow opioid traffickers to (h) TERMINATION.— and sufficient in light of the number of lives subvert such regulations and controls to (1) IN GENERAL.—The Commission, and all lost in the United States each year due to traffic illicit opioids into the United States. the authorities of this section, shall termi- use of illegal drugs. If the report concludes (7) To report on the scale of contaminated nate at the end of the 120-day period begin- that such priorities are not so appropriate or counterfeit drugs originating from the ning on the date on which the final report re- and sufficient, the report shall also include a People’s Republic of China and India. quired by subsection (f)(2) is submitted to description of the actions to be taken to (8) To report on how the United States the appropriate congressional committees modify such priorities in order to assure could work more effectively with provincial and leadership. than such priorities are so appropriate and and local officials in the People’s Republic of (2) WINDING UP OF AFFAIRS.—The Commis- sufficient. China and other countries to combat the il- sion may use the 120-day period described in (d) INTELLIGENCE COMMUNITY DEFINED.—In licit production of synthetic opioids. paragraph (1) for the purposes of concluding this section, the term ‘‘intelligence commu- (9) In weighing the options for defending its activities, including providing testimony nity’’ has the meaning given that term in the United States against the dangers of to Congress concerning the final report re- section 3(4) of the National Security Act of trafficking in synthetic opioids, to consider quired by subsection (f)(2) and disseminating 1947 (50 U.S.C. 3003(4)). possible structures and authorities that need the report. SEC. 1732. DEPARTMENT OF DEFENSE FUNDING. to be established, revised, or augmented Subtitle C—Other Matters (a) AUTHORIZATION OF APPROPRIATIONS.— within the Federal Government. SEC. 1731. DIRECTOR OF NATIONAL INTEL- There are authorized to be appropriated to UNCTIONING OF OMMISSION (d) F C .—The pro- LIGENCE PROGRAM ON USE OF IN- the Secretary of Defense to carry out the op- visions of subsections (c), (d), (e), (g), (h), (i), TELLIGENCE RESOURCES IN EF- erations and activities described in sub- and (m) of section 1652 of the John S. McCain FORTS TO SANCTION FOREIGN section (b) $25,000,000 for each of fiscal years National Defense Authorization Act for Fis- OPIOID TRAFFICKERS. 2020 through 2025. cal Year 2019 (Public Law 115–232) shall apply (a) PROGRAM REQUIRED.— (b) OPERATIONS AND ACTIVITIES.—The oper- to the Commission to the same extent and in (1) IN GENERAL.—The Director of National ations and activities described in this sub- the same manner as such provisions apply to Intelligence shall, with the concurrence of section are the operations and activities of the commission established under that sec- the Director of the Office of National Drug the Department of Defense in support of any tion, except that— Control Policy, carry out a program to allo- other department or agency of the United (1) subsection (c)(1) of that section shall be cate and enhance use of resources of the in- States Government solely for purposes of applied and administered by substituting ‘‘30 telligence community, including intelligence carrying out this title. days’’ for ‘‘45 days’’; collection and analysis, to assist the Sec- (c) SUPPLEMENT NOT SUPPLANT.—Amounts (2) subsection (g)(4)(A) of that section shall retary of the Treasury, the Secretary of made available under subsection (a) shall be applied and administered by inserting State, and the Administrator of the Drug supplement and not supplant other amounts ‘‘and the Attorney General’’ after ‘‘Sec- Enforcement Administration in efforts to available to carry out the operations and ac- retary of Defense’’; and identify and impose sanctions with respect tivities described in subsection (b).

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(d) NOTIFICATION REQUIREMENT.—Amounts (2) the Committee on Armed Services, the SEC. lll. STUDY AND REPORT ON THE FEASI- authorized to be appropriated by subsection Committee on Financial Services, the Com- BILITY AND ADVISABILITY OF CRE- (a) may not be obligated until 15 days after mittee on Foreign Affairs, the Permanent ATING A DEFENSE MICROELEC- the date on which the President notifies the Select Committee on Intelligence, and the TRONICS AGENCY. (a) STUDY AND REPORT REQUIRED.—The De- appropriate committees of Congress of the Committee on Appropriations of the House fense Science Board shall— President’s intention to obligate such funds. of Representatives. (1) conduct a study on— (e) CONCURRENCE OF SECRETARY OF (A) the state of the microelectronics indus- STATE.—Operations and activities described SA 659. Mr. RUBIO submitted an in subsection (b) carried out with foreign trial base as it relates to the Department of amendment intended to be proposed by Defense; persons shall be conducted with the concur- him to the bill S. 1790, to authorize ap- rence of the Secretary of State. (B) implementation of the recommenda- propriations for fiscal year 2020 for tions made by the 2005 Defense Science SEC. 1733. DEPARTMENT OF STATE FUNDING. Board Task Force On High Performance (a) AUTHORIZATION OF APPROPRIATIONS.— military activities of the Department There are authorized to be appropriated to of Defense, for military construction, Microchip Supply; the Secretary of State to carry out the oper- and for defense activities of the De- (C) assessment of where the assured micro- ations and activities described in subsection partment of Energy, to prescribe mili- electronics mission of the Department should lie, in particular with research and (b) $25,000,000 for each of fiscal years 2020 tary personnel strengths for such fiscal through 2025. engineering or with acquisition and year, and for other purposes; which was sustainment; and (b) OPERATIONS AND ACTIVITIES DE- ordered to lie on the table; as follows: SCRIBED.—The operations and activities de- (D) the feasibility and advisability of cre- scribed in this subsection are the operations At the end of part II of subtitle Aof title ating a Defense Microelectronics Agency by and activities of the Department of State in XVI, add the following: elevating the existing Defense Microelec- carrying out this title. SEC. 1617. ACQUISITION STRATEGY FOR CAT- tronics activity and consolidating all related (c) SUPPLEMENT NOT SUPPLANT.—Amounts EGORY C SPACE LAUNCH MISSIONS. functions under this agency; and authorized to be appropriated by subsection (a) IN GENERAL.—Not later than March 1, (2) submit to the congressional defense (a) shall supplement and not supplant other 2020, the Secretary of the Air Force shall committees a report, in writing, on the find- amounts available to carry out the oper- submit to the congressional defense commit- ings of the Defense Science Board with re- ations and activities described in subsection tees a plan for the acquisition of Category C spect to the study conducted under para- (b). space launch services independently of the graph (1). (d) NOTIFICATION REQUIREMENT.—Amounts acquisition of Category A and B missions. (b) ELEMENTS.—The study required by sub- authorized to be appropriated by subsection Category C missions shall be filled by a mix section (a) shall include the following: (a) may not be obligated until 15 days after of— (1) ACQUISITION OF TRUSTED MICROELEC- the date on which the President notifies the (1) commercially available space launch TRONIC COMPONENTS.—(A) Development of appropriate committees of Congress of the vehicles; and recommendations on how the Department of President’s intention to obligate such funds. (2) previously certified space launch vehi- Defense can develop a plan of action that en- SEC. 1734. DEPARTMENT OF THE TREASURY cles. compasses both short- and long-term tech- FUNDING. (b) FUNDING AUTHORIZED.—Of the funds au- nology, acquisition, and manufacturing ca- (a) AUTHORIZATION OF APPROPRIATIONS.— thorized to be appropriated in fiscal year 2020 pabilities needed to assure ongoing avail- There are authorized to be appropriated to for National Security Space Launch, the Air ability of supplies of trusted microelectronic the Secretary of the Treasury to carry out Force may transfer up to $100,000,000 to sup- components. the operations and activities described in port the acquisition strategy required by (B) Identification and characterization of subsection (b) $25,000,000 for each of fiscal subsection (a). The Air Force shall, in the the volume and scope of microelectronics years 2020 through 2025. budget materials submitted to the President that require trusted sources. (b) OPERATIONS AND ACTIVITIES DE- by the Secretary of Defense in connection (2) CONSOLIDATION.—(A) Review all Depart- SCRIBED.—The operations and activities de- with the submission to Congress of budget ment stakeholders with decisionmaking or scribed in this subsection are the operations materials pursuant to section 1105 of title 31, procurement authority for microelectronics. and activities of the Department of the United States Code, use a separate, dedicated (B) Determination of whether it is in the Treasury in carrying out this title. line item for the procurement of Category C best interests of national security to consoli- (c) SUPPLEMENT NOT SUPPLANT.—Amounts missions. date these efforts and designate a single De- authorized to be appropriated by subsection (c) COMPETITION.—The Air Force shall use partment organization with responsibility to (a) shall supplement and not supplant other full and open competition to the maximum maintain the focus on microelectronic capa- amounts available to carry out the oper- extent practicable in the acquisition of Cat- bilities available to the Department. ations and activities described in subsection egory C space launch services. (c) BRIEFINGS.—Not later than May 1, 2020, the Defense Science Board shall provide to (b). (d) REPORT REQUIRED.— the congressional defense committees with (d) NOTIFICATION REQUIREMENT.—Amounts (1) IN GENERAL.—Not later than 30 days one or more briefings on the status of the authorized to be appropriated by subsection after the date of the enactment of this Act, study required by subsection (a)(1), including (a) may not be obligated until 15 days after the Secretary of the Air Force shall submit any preliminary findings and recommenda- the date on which the President notifies the to the congressional defense committees a tions of the Defense Science Board as a re- appropriate committees of Congress of the report on the cost of constructing infrastruc- sult of the study as of the date of the brief- President’s intention to obligate such funds. ture in multiple locations to meet Category ing. SEC. 1735. TERMINATION. C mission requirements in addition to exist- The provisions of this title, and any sanc- ing obstacles which prevent Category C mis- tions imposed pursuant to this title, shall SA 661. Mr. RUBIO submitted an sions from being conducted out of a single lo- amendment intended to be proposed by terminate on the date that is 7 years after cation. him to the bill S. 1790, to authorize ap- the date of the enactment of this Act. (2) ELEMENTS.—The report required under SEC. 1736. EXCEPTION RELATING TO IMPORTA- paragraph (1) shall include— propriations for fiscal year 2020 for TION OF GOODS. (A) current and previous funding by the military activities of the Department (a) IN GENERAL.—The authorities and re- Department of Defense to establish launch of Defense, for military construction, quirements to impose sanctions under this sites to meet Category C requirements; and and for defense activities of the De- title shall not include the authority or a re- (B) overflight concerns to meet Category C partment of Energy, to prescribe mili- quirement to impose sanctions on the impor- launches including a strategy to mitigate tary personnel strengths for such fiscal tation of goods. these concerns. (b) GOOD DEFINED.—In this section, the year, and for other purposes; which was term ‘‘good’’ means any article, natural or ordered to lie on the table; as follows: SA 660. Mr. RUBIO submitted an manmade substance, material, supply or amendment intended to be proposed by At the end of part II of subtitle A of title manufactured product, including inspection XVI, add the following: him to the bill S. 1790, to authorize ap- and test equipment, and excluding technical SEC. 1617. ACCOUNTING FOR FULL INVESTMENT data. propriations for fiscal year 2020 for IN NATIONAL SECURITY SPACE SEC. 1737. APPROPRIATE COMMITTEES OF CON- military activities of the Department LAUNCH PROGRAM. GRESS DEFINED. of Defense, for military construction, (a) IN GENERAL.—In awarding any contract In this subtitle, the term ‘‘appropriate and for defense activities of the De- for space launch services for the National Se- committees of Congress’’ means— partment of Energy, to prescribe mili- curity Space Launch Program, or any suc- (1) the Committee on Armed Services, the tary personnel strengths for such fiscal cessor program, the Secretary of Defense Committee on Banking, Housing, and Urban shall ensure that the total government in- Affairs, the Committee on Foreign Rela- year, and for other purposes; which was vestment in the development and procure- tions, the Select Committee on Intelligence, ordered to lie on the table; as follows: ment of the launch services from Launch and the Committee on Appropriations of the At the end of subtitle B of title II, add the Services Agreements is accounted for in de- Senate; and following: termining the total evaluated contract price.

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(b) REVIEW REQUIRED.—Prior to the award sesses the viability and necessity of using or ligence, the Committee on Ways and Means, of any launch services contract under phase developing new technologies to reduce the and the Committee on Energy and Commerce 2 of the National Security Space Launch reliance of the United States on imports of of the House of Representatives. Program, the Secretary of Defense shall de- rare earth elements, including through— (3) DIETARY SUPPLEMENT.—The term ‘‘die- termine whether the most cost-effective (1) traditional extraction of such elements; tary supplement’’ has the meaning given method of achieving assured access to space (2) nontraditional corrosive extraction and that term in section 201(ff) of the Federal is— refining of such elements from ore and coal; Food, Drug, and Cosmetic Act (21 U.S.C. (1) providing Federal funding to develop and 321(ff)). new launch vehicles to compete for National (3) nontraditional noncorrosive extraction (4) DRUG.—The term ‘‘drug’’ means a prod- Security Space Launch contracts; and refining of such elements from ore and uct subject to regulation under section 505 or (2) providing commercial space launch pro- coal. section 802 of the Federal Food, Drug, and viders with funding to adopt already avail- Cosmetic Act (21 U.S.C. 355 or 382) or under able commercial space launch vehicles to SA 664. Mr. RUBIO submitted an section 351 of the Public Health Service Act compete for National Security Space Launch amendment intended to be proposed by (42 U.S.C. 262). contracts; or him to the bill S. 1790, to authorize ap- (5) NONPRESCRIPTION DRUG.—The term (3) a hybrid approach that incentivizes propriations for fiscal year 2020 for ‘‘nonprescription drug’’ has the meaning commercial providers to compete for launch military activities of the Department given that term in section 760(a)(2) of the services contracts. of Defense, for military construction, Federal Food, Drug, and Cosmetic Act (21 (c) REPORT TO CONGRESS.—Before the and for defense activities of the De- U.S.C. 379aa(a)(2)). award of any contract under phase 2 of the partment of Energy, to prescribe mili- National Security Space Launch program, SA 665. Mr. RUBIO submitted an the Secretary shall submit to the congres- tary personnel strengths for such fiscal amendment intended to be proposed by sional defense committees a report on the year, and for other purposes; which was him to the bill S. 1790, to authorize ap- determination made under subsection (b). ordered to lie on the table; as follows: propriations for fiscal year 2020 for At the end of subtitle C of title VII, add military activities of the Department SA 662. Mr. ROMNEY submitted an the following: of Defense, for military construction, amendment intended to be proposed by SEC. 729. REPORT ON RELIANCE BY DEPART- and for defense activities of the De- him to the bill S. 1790, to authorize ap- MENT OF DEFENSE ON PHARMA- partment of Energy, to prescribe mili- propriations for fiscal year 2020 for CEUTICAL PRODUCTS FROM CHINA. (a) IN GENERAL.—Not later than one year tary personnel strengths for such fiscal military activities of the Department after the date of the enactment of this Act, year, and for other purposes; which was of Defense, for military construction, the Secretary of Defense, in coordination ordered to lie on the table; as follows: and for defense activities of the De- with the Secretary of Health and Human At the end of subtitle C of title III, add the Services, shall submit to the appropriate partment of Energy, to prescribe mili- following: congressional committees a classified report tary personnel strengths for such fiscal SEC. 333. SENSE OF CONGRESS ON BED DOWN OF year, and for other purposes; which was on the reliance by the Department of De- fense on imports of certain pharmaceutical CERTAIN AIRCRAFT AT TYNDALL ordered to lie on the table; as follows: AIR FORCE BASE. products made in part or in whole in China. It is the sense of Congress that the Sec- At the end of subtitle E of title XII, add (b) ELEMENTS.—The report required by sub- retary of the Air Force should— the following: section (a) shall— (1) bed down three F-35 squadrons and an SEC. 1262. LIMITATION ON REMOVAL OF HUAWEI (1) analyze the percent of pharmaceutical MQ-9 Wing at Tyndall Air Force Base; and TECHNOLOGIES CO. LTD. FROM EN- products made in part or in whole in China, (2) use innovative construction methods, TITY LIST OF BUREAU OF INDUSTRY including— materials, designs, and technologies in car- AND SECURITY. (A) drugs; rying out such bed down in order to achieve The Secretary of Commerce may not re- (B) nonprescription drugs intended for efficiencies, cost savings, resiliency, and ca- move Huawei Technologies Co. Ltd. (in this human use; pability, which may include— section referred to as ‘‘Huawei’’) from the (C) active ingredients; (A) innovative and resistant basing that is entity list maintained by the Bureau of In- (D) polymers used to build pharmaceutical highly resilient to weather and natural dis- dustry and Security and set forth in Supple- products; aster; ment No. 4 to part 744 of title 15, Code of (E) antibiotic drugs; (B) open architecture design to evolve with Federal Regulations, until the Secretary cer- (F) dietary supplements; and the national defense strategy; and tifies to Congress that— (G) any other pharmaceutical product, or (C) efficient ergonomic enterprise for mem- (1) neither Huawei nor any senior officers its components, as the Secretary considers bers of the Air Force in the 21st century. of Huawei have engaged in actions in viola- appropriate; tion of sanctions imposed by the United (2) assess the products identified under States or the United Nations in the 5-year SA 666. Mr. CRUZ submitted an paragraph (1) to determine— amendment intended to be proposed by period preceding the certification; (A) whether the Department of Defense can (2) Huawei has not engaged in theft of procure the product from other sources; him to the bill S. 1790, to authorize ap- United States intellectual property in that 5- (B) whether reliance by the Department of propriations for fiscal year 2020 for year period; Defense on the product is likely, or has sig- military activities of the Department (3) Huawei does not pose an ongoing threat nificant potential, to be used for a military, of Defense, for military construction, to United States telecommunications sys- geopolitical, or economic advantage against and for defense activities of the De- tems or critical infrastructure; and the United States; (4) Huawei does not pose a threat to crit- partment of Energy, to prescribe mili- (C) if reliance on the product creates a risk tary personnel strengths for such fiscal ical infrastructure of allies of the United for the United States; and States. year, and for other purposes; which was (D) what impact there would be if access to ordered to lie on the table; as follows: Mr. ENZI submitted an the product was terminated; and SA 663. (3) set forth recommendations to ensure Strike section 214. amendment intended to be proposed by that by 2025 no pharmaceutical products pur- Mr. PORTMAN submitted an him to the bill S. 1790, to authorize ap- chased for beneficiaries of health care from SA 667. propriations for fiscal year 2020 for the Department of Defense or any associated amendment intended to be proposed by military activities of the Department program are made in part or in whole in him to the bill S. 1790, to authorize ap- of Defense, for military construction, China. propriations for fiscal year 2020 for and for defense activities of the De- (c) DEFINITIONS.—In this section: military activities of the Department partment of Energy, to prescribe mili- (1) ANTIBIOTIC DRUG.—The term ‘‘antibiotic of Defense, for military construction, drug’’ has the meaning given that term in tary personnel strengths for such fiscal and for defense activities of the De- section 201(jj) of the Federal Food, Drug, and partment of Energy, to prescribe mili- year, and for other purposes; which was Cosmetic Act (21 U.S.C. 321(jj)). tary personnel strengths for such fiscal ordered to lie on the table; as follows: (2) APPROPRIATE CONGRESSIONAL COMMIT- At the end of subtitle B of title XIV, add TEES.—The term ‘‘appropriate congressional year, and for other purposes; which was the following: committees’’ means— ordered to lie on the table; as follows: SEC. 1412. REPORT RELATING TO RARE EARTH (A) the Committee on Armed Services, the On page 542, strike lines 14 through 18, and ELEMENTS. Select Committee on Intelligence, the Com- insert the following: Not later than 270 days after the date of mittee on Finance, and the Committee on ‘‘(14) Coastal defense and anti-ship missile the enactment of this Act, the Secretary of Health, Education, Labor, and Pensions of systems.’’; Energy, in consultation with the Secretary the Senate; and (D) in paragraph (15), as so redesignated, of the Interior and the Secretary of Defense, (B) the Committee on Armed Services, the by striking ‘‘paragraphs (1) through (13)’’ and shall submit to Congress a report that as- Permanent Select Committee on Intel- inserting ‘‘paragraphs (1) through (14)’’; and

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.055 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3689 (E) by adding at the end the following new SEC. lll. ASSESSMENT OF VALUE OF SPEED IN Shultz, William Perry, Richard Burt, Sam paragraph: CYBER THREAT DETECTION, ANAL- Nunn, Richard Lugar, and others, have ex- ‘‘(17) Anti-air defense systems.’’; YSIS, AND REMEDIATION. pressed support for a prompt decision to ex- (a) ASSESSMENT REQUIRED.—The Chief In- tend the New START Treaty. SA 668. Mr. MARKEY submitted an formation Officer of the Department of De- (5) United States military leaders continue fense, in coordination with the Director of to see value in the New START Treaty, in- amendment intended to be proposed by the Defense Information Systems Agency, cluding Gen. John Hyten, Commander of him to the bill S. 1790, to authorize ap- shall assess the following: United States Strategic Command, who told propriations for fiscal year 2020 for (1) The range of times required by adver- Congress in March 2018 that ‘‘bilateral, military activities of the Department saries to gain access through a cyber attack verifiable arms control agreements are es- on a Department of Defense network, con- of Defense, for military construction, sential to our ability to provide an effective duct reconnaissance on the network, ac- and for defense activities of the De- deterrent,’’ and testified before Congress in quired privileged credentials for operating partment of Energy, to prescribe mili- February 2019 that the New START Treaty is tary personnel strengths for such fiscal on the network, move laterally in the network, and accomplish the goal of the intru- important because it provides to the United year, and for other purposes; which was sion. States ‘‘a cap on [Russia’s] strategic baseline ordered to lie on the table; as follows: (2) Trends over time in the speed with nuclear weapons, and their ballistic missiles, At the end of subtitle D of title XVI, add which adversaries accomplish the steps list- both submarine and ICBM, as well as their the following: ed in paragraph (1). bombers’’ and ‘‘just as important it gives me (3) The range of times required by network insight through the verification regime to SEC. 1668. PROHIBITION ON USE OF FUNDS FOR their Russia’s real capabilities’’. LONG-RANGE STANDOFF WEAPON defenders to detect indications of the intru- OR W80 WARHEAD LIFE EXTENSION sion, analyze and characterize the intrusion, (6) The United States NATO allies have PROGRAM. and to remediate the intrusion. consistently expressed support for a decision Notwithstanding any other provision of (4) The value of speed in detection, anal- by the United States and the Russian Fed- this Act or any other provision of law, none ysis, and remediation of intrusions to effec- eration to extend New START before the of the funds authorized to be appropriated tively contain and defeat adversaries from scheduled expiration date in 2021. for fiscal year 2020 for the Department of De- achieving their objectives. (7) Russian President Vladimir Putin said fense or the Department of Energy may be (5) The advisability of adopting response in July 2018 that ‘‘I reassured President obligated or expended for the research, de- times as a metric for assessing the perform- Trump that Russia stands ready to extend velopment, test, and evaluation or procure- ance of the capabilities of network defenses this treaty, to prolong it, but we have to ment of the long-range standoff weapon or and cybersecurity programs and operators agree on the specifics . . .’’. for the W80 warhead life extension program. and institutionalizing relevant data collec- (8) The Department of Defense Report on tion and forensic processes across the De- the Strategic Nuclear Forces of the Russian SA 669. Mr. MARKEY submitted an partment. Federation submitted pursuant to section amendment intended to be proposed by (b) BRIEFING.—Not later than 180 days after 1240 of the National Defense Authorization him to the bill S. 1790, to authorize ap- the date of the enactment of this Act, the Act for Fiscal Year 2012 (Public Law 112–81; Chief Information Officer shall brief the con- 125 Stat. 1643) determined that Russia propriations for fiscal year 2020 for gressional defense committees on the results ‘‘would not be able to achieve a militarily military activities of the Department of the assessment conducted under sub- significant advantage by any plausible ex- of Defense, for military construction, section (a) and any actions that the Chief In- pansion of its strategic nuclear forces, even and for defense activities of the De- formation Officer intends to take with re- in a cheating or breakout scenario under the partment of Energy, to prescribe mili- spect to the outcome of the assessment. New START Treaty, primarily because of tary personnel strengths for such fiscal the inherent survivability of the planned SA 671. Mr. MARKEY submitted an year, and for other purposes; which was United States strategic force structure, par- amendment intended to be proposed by ordered to lie on the table; as follows: ticularly the Ohio-class ballistic missile sub- him to the bill S. 1790, to authorize ap- marines, a number of which are at sea at any At the end of subtitle G of title V, add the propriations for fiscal year 2020 for given time’’. following: military activities of the Department (9) For as long as it must exist, the United SEC. 589. ATOMIC VETERANS SERVICE MEDAL. of Defense, for military construction, States nuclear arsenal must be maintained (a) SERVICE MEDAL REQUIRED.—The Sec- and for defense activities of the De- and modernized in a cost-effective manner to retary of Defense shall design and produce a partment of Energy, to prescribe mili- ensure it remains a safe, secure, and reliable military service medal, to be known as the effective nuclear force that can continue to ‘‘Atomic Veterans Service Medal’’, to honor tary personnel strengths for such fiscal deter nuclear attack on the United States retired and former members of the Armed year, and for other purposes; which was and its allies, and so that the United States Forces who are radiation-exposed veterans ordered to lie on the table; as follows: can continue to pursue further verifiable re- (as such term is defined in section 1112(c)(3) At the end of title XII, add the following: duction in global nuclear stockpiles con- of title 38, United States Code). Subtitle H—Arms Control and Verification sistent with its obligations under the Nu- (b) DISTRIBUTION OF MEDAL.— Efforts clear Nonproliferation Treaty. (1) ISSUANCE TO RETIRED AND FORMER MEM- SEC. 1291. SHORT TITLE. (10) The New START Treaty created a Bi- BERS.—At the request of a radiation-exposed This Act may be cited as the ‘‘Save Arms lateral Consultative Commission to resolve veteran, the Secretary of Defense shall issue control and Verification Efforts Act of 2019’’ issues related to implementation of the New the Atomic Veterans Service Medal to the or ‘‘SAVE Act’’. START Treaty, and Article II of the New veteran. SEC. 1292. FINDINGS. START Treaty states, ‘‘When a Party be- (2) ISSUANCE TO NEXT-OF-KIN.—In the case Congress makes the following findings: lieves that a new kind of strategic offensive of a radiation-exposed veteran who is de- (1) Every United States president since arm is emerging, that Party shall have the ceased, the Secretary may provide for John F. Kennedy has successfully concluded right to raise the question of such a stra- issuance of the Atomic Veterans Service at least one agreement with Russia to reduce tegic offensive arm for consideration in the Medal to the next-of-kin of the person. nuclear dangers. Bilateral Consultative Commission.’’ (3) APPLICATION.—The Secretary shall pre- (2) If the Intermediate Range Nuclear SEC. 1293. SENSE OF SENATE. pare and disseminate as appropriate an ap- Forces Treaty is terminated, and the New It is the sense of the Senate that— plication by which radiation-exposed vet- START Treaty is not extended, or a new (1) extending the New START Treaty by a erans and their next-of-kin may apply to re- treaty is not negotiated and ratified before period of five years is in the national secu- ceive the Atomic Veterans Service Medal. 2021, there would be no legally binding, rity interest of the United States, so long as Mr. WARNER submitted an verifiable limits on the United States or the Russian Federation continues to meet SA 670. Russian nuclear arsenals for the first time the central limits of the treaty; amendment intended to be proposed by since 1972. (2) the United States should immediately him to the bill S. 1790, to authorize ap- (3) For both the United States and the Rus- seek to begin discussions with the Russian propriations for fiscal year 2020 for sian Federation, the New START Treaty’s Federation on agreeing to a 5-year extension military activities of the Department transparency and verification measures proof the New START Treaty; of Defense, for military construction, vide invaluable insight into the size, capa- (3) the United States should use the Bilat- and for defense activities of the De- bilities, and operations of both countries’ nu- eral Consultative Commission mechanism partment of Energy, to prescribe mili- clear forces beyond that provided by more within the New START Treaty to address tary personnel strengths for such fiscal traditional intelligence collection and as- issues related to new Russian strategic nu- sessment methods, helping create a mutually clear weapons it believes may fall under New year, and for other purposes; which was beneficial environment of stability and pre- START treaty limits; ordered to lie on the table; as follows: dictability. (4) extending the New START Treaty At the end of subtitle C of title XVI, add (4) Former Republican and Democratic na- would facilitate efforts by the United States the following: tional security leaders, including George to pursue additional arms control efforts

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.059 S18JNPT1 S3690 CONGRESSIONAL RECORD — SENATE June 18, 2019 with the Russian Federation, including ef- bilities, and a description of how new intel- report on the likely foreign policy implica- forts to address the Russian Federation’s ligence gathering requirements related to tions of and potential impacts to United nonstrategic nuclear weapons and emerging the Russian Federation’s nuclear forces may States diplomatic relations if the New technologies such as hypersonic weapons; affect other United States intelligence gath- START Treaty lapses. The report shall in- (5) the United States should resume more ering needs. clude the following elements: regular talks on strategic stability with Rus- (6) An assessment of projections for Rus- (1) An assessment of the likely reactions of sia, as well as additional bilateral and multi- sian Federation nuclear and non-nuclear the North Atlantic Treaty Organization lateral arms control efforts worldwide to ad- force size, structure, and composition with (NATO) and NATO member countries, United dress a changing global security environ- the New START Treaty limitations in place States allies, Asia, and each permanent ment; and and without the limitations in place. member of the United Nations Security (6) extending the New START Treaty (7) An assessment of Russian Federation Council. would facilitate efforts by the United States actions, intentions, and likely responses to (2) A description of the expected impacts to engage with the People’s Republic of the United States withdrawing from, sus- on the Nuclear Nonproliferation Treaty and China to reduce dangers associated with its pending its obligations under, or allowing to the ability of the United States to key non- nuclear arsenal, which is fundamentally dif- lapse the New START Treaty and subse- proliferation objectives. ferent than the Russian Federation’s and re- quently developing platforms and weapons (3) A description of the risks posed to the quires a separate, focused arms control ef- beyond the New START Treaty’s limita- long-term health of the Nuclear Non- fort. tions. proliferation Treaty in the absence of United States-Russia bilateral nuclear arms control SEC. 1294. CERTIFICATIONS IN EVENT NEW (b) BRIEFINGS.—The Director of National START TREATY IS NOT EXTENDED. Intelligence shall brief the appropriate con- agreements and dialogue. RESIDENTIAL REPORT ON STRATEGIC Not later than 90 days after the date of the gressional committees on the elements set (c) P ARMS CONTROL STRATEGY.—Not later than enactment of this Act, and every 180 days forth in subsection (a) when the National In- February 5, 2020, the President shall submit thereafter, if the parties to the New START telligence Estimate is submitted under such to the appropriate congressional committees Treaty have not completed the procedures subsection and every 120 days thereafter. a report including— outlined in the treaty and its related proto- SEC. 1296. REPORTING REQUIREMENTS. (1) a 5-year strategy for future strategic cols and annexes to extend the treaty’s effec- (a) DEPARTMENT OF DEFENSE.— arms control agreements with the Russian tive date by up to five years beyond Feb- (1) REPORT ON EXPECTED FORCE STRUCTURE Federation; ruary 5, 2021— CHANGES IN EVENT OF TREATY LAPSE.—Not (2) an update on the status of any current (1) the President, the Secretary of Defense, later than 90 days after the date of the enact- discussions that may be in progress at time and the Secretary of State shall separately ment of this Act, and not later than Feb- of report; and submit to the appropriate congressional ruary 5, 2021, if the New START Treaty is al- (3) a description of other United States bi- committees a justification for why New lowed to lapse, the Secretary of Defense lateral and multilateral arms control efforts START has not been extended and a certifi- shall submit to the appropriate congres- globally. cation that the absence of an extension of sional committees a report discussing SEC. 1297. PROHIBITION ON INCREASES IN CER- the treaty is in the national security inter- changes to the expected force structure of TAIN WARHEADS, MISSILES, AND est of the United States; and the United States Armed Forces if the New LAUNCHERS. (2) the Director of National Intelligence START Treaty is no longer in place and esti- (a) PROHIBITION.— shall submit to the appropriate congres- mating the expected costs necessary to make (1) IN GENERAL.—If either of the conditions sional committees— such changes. in paragraph (2) occurs, the United States (A) an intelligence community-coordinated (2) REPORT ON IMPACTS TO MODERNIZATION Government may not, except as provided assessment of why the New START Treaty PLAN.—Not later than 90 days after the date under subsection (b), obligate or expend any has not been extended; of the enactment of this Act, and not later funds to— (B) a certification that the absence of an than February 5, 2021, if the New START (A) increase above 1,550 the number of extension of the treaty is in the national se- Treaty is allowed to lapse, the Secretary of United States warheads operationally de- curity interest of the United States; and Defense and the Secretary of Energy shall ployed on launchers for ICBMs, SLBMs, and (C)(i) a certification that the United States jointly submit to the appropriate congres- heavy bombers; is not losing intelligence insight into the sional committees a report on how the cur- (B) increase above 700 the number of de- Russian Federation’s strategic nuclear pro- rent program of record to replace and up- ployed Intercontinental Ballistic Missiles gram; or grade United States nuclear weapons deliv- (ICBMs), Submarine-Launched Ballistic Mis- (ii) a report detailing how the Director of ery systems and warheads, which anticipates siles (SLBMs), and heavy bombers; or National Intelligence and the intelligence the continued existence of the New START (C) increase above 800 the number of de- community will account for any lost intel- Treaty, would be modified without the exist- ployed and non-deployed ICBM launchers, ligence capabilities. ence of the New START Treaty. The report SLBM launchers, and heavy bombers, SEC. 1295. NATIONAL INTELLIGENCE ESTIMATE. shall include the information required to be as such terms are defined and such systems (a) IN GENERAL.—Not later than 180 days submitted in the report required by section are counted in the New START Treaty. after the date of the enactment of this Act, 1043 of the National Defense Authorization (2) CONDITIONS.—The conditions referred to the Director of National Intelligence shall Act for Fiscal Year 2012 (Public Law 112–81; in paragraph (1) are as follows: submit to the appropriate congressional 125 Stat. 1576) and shall include— (A) The President initiates United States committees a National Intelligence Esti- (A) a separate 10-year cost estimate from withdrawal from the New START Treaty in mate, consisting of an unclassified executive the Department of Defense to implement a accordance with the procedures outlined in summary and judgments and a more de- nuclear sustainment plan that does and does the New START Treaty and its related pro- tailed, classified report on the Russian Fed- not anticipate the continued existence of the tocols and annexes. eration’s compliance with the New START New START Treaty, including possible costs (B) As of February 5, 2021, the parties to Treaty and the impact to the intelligence associated with conversion or uploading of the New START Treaty have not completed collection capabilities of the United States if strategic delivery vehicles and warheads; the procedures outlined in the New START the New START Treaty and its related infor- (B) a separate 10-year cost estimate from Treaty and its related protocols and annexes mation exchanges and associated inspections the Department of Energy to implement a to extend the Treaty’s effective date to Feb- regimes were to lapse. The report shall in- nuclear sustainment and modernization plan ruary 5, 2026. clude the following elements: that does and does not anticipate the contin- (C) The President takes one or more ac- (1) A description of the Russian Federa- ued existence of the New START Treaty, in- tions to suspend United States obligations tion’s compliance with the New START cluding uploading warheads previously with- outlined in the New START Treaty and its Treaty. drawn from service; related protocols and annexes. (2) An assessment of the Russian Federa- (C) a description of how the absence of the (b) EXCEPTIONS.—The prohibition under tion’s intentions with regard to extending New START Treaty limits would impact the subsection (a) shall not be in effect if all of the New START Treaty. schedule and cost of Department of Energy’s the following conditions are met: (3) A description of the intelligence collec- Stockpile Stewardship management plan; (1) The President, the Secretary of State, tion benefits gained as a result of the ratifi- and the Secretary of Defense, the Secretary of cation and implementation of the New (D) an assessment of the potential impacts Energy, and the Director of National Intel- START Treaty. on how these changes will impact the De- ligence jointly certify that the Russian Fed- (4) An assessment of what specific capabili- partment of Energy’s nuclear weapons com- eration is, in a way that is militarily signifi- ties the United States intelligence commu- plex. cant— nity would have to develop and deploy to en- (b) DEPARTMENT OF STATE.—Not later than (A) increasing above 1,550 the number of sure that no loss of collection capability 90 days after the date of the enactment of the Russian Federation’s strategic warheads would occur in the event of the lapse of the this Act, and not later than February 5, 2021, operationally deployed on launchers for New START Treaty. if the New START Treaty is allowed to Intercontinental Ballistic Missiles (ICBMs), (5) A cost estimate and estimated timeline lapse, the Secretary of State shall submit to Submarine-Launched Ballistic Missiles for developing these new or additional capa- the appropriate congressional committees a (SLBMs), and heavy bombers;

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.058 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3691 (B) increasing above 700 the number of de- SA 672. Mr. CARPER (for himself and on which the President submits to Congress ployed ICBMs, SLBMs, and heavy bombers; Mr. KAINE) submitted an amendment the material set forth in paragraph (1)(B). or intended to be proposed by him to the (C) EXPEDITED PROCEDURES.—The provi- (C) increasing above 800 the number of de- sions of subsections (b) through (f) of section ployed and non-deployed ICBM launchers, bill S. 1790, to authorize appropriations 152 of the Trade Act of 1974 (19 U.S.C. 2192) SLBM launchers, and heavy bombers, for fiscal year 2020 for military activi- apply to a joint resolution of approval to the as such terms are defined and such systems ties of the Department of Defense, for same extent that such subsections apply to are counted in the New START Treaty and military construction, and for defense joint resolutions under such section 152. its related protocols and annexes. activities of the Department of Energy, (D) RULES OF HOUSE OF REPRESENTATIVES (2) The President, the Director of National to prescribe military personnel AND SENATE.—This paragraph is enacted by Intelligence, the Secretary of State, the Sec- strengths for such fiscal year, and for Congress— retary of Energy, and the Secretary of De- other purposes; which was ordered to (i) as an exercise of the rulemaking power fense certify that it is in the national secu- of the Senate and the House of Representa- rity interest of the United States to exceed lie on the table; as follows: tives, respectively, and as such is deemed a prohibition limits. At the end of subtitle G of title XII, add part of the rules of each House, respectively, (3) The Secretary of Defense and the Sec- the following: but applicable only with respect to the pro- retary of Energy submit to the appropriate SEC. 1290. LIMITATIONS AND CONDITIONS ON AU- cedure to be followed in that House in the congressional committees a report with 10- THORITY OF PRESIDENT TO MODIFY case of a joint resolution of approval, and su- year cost projections related to increasing CERTAIN DUTY RATES AND IMPOSE persedes other rules only to the extent that the number of United States nuclear war- CERTAIN DUTIES OR OTHER IMPORT it is inconsistent with such rules; and RESTRICTIONS. heads, delivery vehicles, and systems as cov- (ii) with full recognition of the constitu- (a) LIMITATION ON AUTHORITY OF PRESIDENT ered by the New START Treaty and its re- tional right of either House to change the TO MODIFY DUTY RATES FOR NATIONAL SECU- lated protocols and annexes. rules (so far as relating to the procedure of RITY REASONS.— (4) The Director of National Intelligence that House) at any time, in the same man- (1) AUTHORITY TO MODIFY DUTY RATES FOR submits to the appropriate congressional ner, and to the same extent as in the case of NATIONAL SECURITY REASONS.—Notwith- committees a National Intelligence Estimate any other rule of that House. standing any other provision of law and ex- of Russian actions, intentions, and likely re- (3) EXCEPTION FOR URGENT ACTION.—Not- sponses to the United States exceeding these cept as provided in paragraph (3), the Presi- withstanding the requirements of paragraph specified caps. dent may proclaim a new or additional na- (1), the President may proclaim a new or ad- (5) The Secretary of State, the Secretary of tional security duty on an article imported ditional national security duty for one pe- Defense, the Secretary of Energy, and the into the United States only if— riod of 120 calendar days if the President de- Director of National Intelligence provide (A) the President, not later than 30 cal- termines that urgent action is necessary— briefings to the appropriate congressional endar days after making the national secu- (A) to address a national emergency; committees about the certifications and re- rity determination that is the basis for the (B) for the prevention or mitigation of, or ports submitted under paragraphs (1) though new or additional duty, submits to the Inter- to respond to, loss of life or property; (4). national Trade Commission the duty pro- (C) to address an imminent threat to (6) There is not enacted, within 60 days posal, including— health or safety; after each of the conditions in paragraphs (1) (i) a description of each article for which (D) for the enforcement of criminal laws; through (5) having been met, a joint resolu- the President recommends a new or addi- or tion of disapproval that continues the prohi- tional duty; (E) for national security. bition on funding levels under subsection (a). (ii) the proposed new or additional duty (4) NATIONAL SECURITY DUTY DEFINED.—In (c) SUNSET.—The prohibition under sub- rate; and this subsection, the term ‘‘national security section (a) shall expire on February 5, 2026. (iii) the proposed duration of that rate; duty’’ means the following: SEC. 1298. FORM OF REPORTS AND CERTIFI- (B) the President, not later than 15 cal- (A) A duty proclaimed pursuant to— CATIONS. endar days after submitting the duty pro- (i) section 232 of the Trade Expansion Act If any report or certification required posal under subparagraph (A), submits to of 1962 (19 U.S.C. 1862); under this subtitle is submitted in classified Congress a request for authorization to mod- (ii) the Trading with the Enemy Act (50 form, an unclassified version shall also be ify duty rates in accordance with that duty U.S.C. 4301 et seq.); or submitted at the same time. proposal, including— (iii) the International Emergency Eco- SEC. 1299. DEFINITIONS. (i) a report by the Secretary of Defense ex- nomic Powers Act (50 U.S.C. 1701 et seq.). In this subtitle: plaining why the proposal is in the interest (B) A duty proclaimed pursuant to any (1) APPROPRIATE CONGRESSIONAL COMMIT- of national security; and other provision of law if in reports or other TEES DEFINED.—The term ‘‘appropriate con- (ii) a report by the International Trade public statements regarding the duty the gressional committees’’ means all members Commission assessing the likely impact of President or another cabinet-level official of— the proposal on the economy of the United identifies national security as a significant (A) the Committee on Foreign Relations, States as a whole and specific industry sec- reason for proclaiming the duty. the Committee on Armed Services, the Se- tors; (b) CONDITIONS ON USE OF AUTHORITY BY lect Committee on Intelligence, and the (C) the President consults with the Com- UNITED STATES TRADE REPRESENTATIVE TO Committee on Appropriations of the Senate; mittee on Finance and the Committee on IMPOSE DUTIES OR OTHER IMPORT RESTRIC- and Armed Services of the Senate and the Com- TIONS.— (B) the Committee on Foreign Affairs, the mittee on Ways and Means and the Com- (1) IN GENERAL.—Section 301(c) of the Trade Committee on Armed Services, the Perma- mittee on Armed Services of the House of Act of 1974 (19 U.S.C. 2411(c)) is amended by nent Select Committee on Intelligence, and Representatives regarding the duty proposal adding at the end the following: the Committee on Appropriations of the under subparagraph (A), including— ‘‘(7)(A) The Trade Representative may take House of Representatives. (i) the short-term and long-term goals of action pursuant to paragraph (1)(B) only if— (2) INTERMEDIATE RANGE NUCLEAR FORCES the proposal; ‘‘(i) the Trade Representative submits to TREATY.—The term ‘‘Intermediate Range Nu- (ii) an action plan to achieve those goals; the International Trade Commission a pro- clear Forces Treaty’’ means the Treaty be- and posal for duties or other import restrictions tween the United States of America and the (iii) plans to consult with officials of coun- under that paragraph, including— Union of Soviet Socialist Republics on the tries impacted by the proposal to resolve any ‘‘(I) a description of each article covered Elimination of Their Intermediate-Range issues relating to the proposal; and by that proposal; and Shorter-Range Missiles, together with (D) a joint resolution of approval under ‘‘(II) the proposed new or additional duty the Memorandum of Understanding and Two paragraph (2) is enacted. rate; and Protocols, signed at Washington December 8, (2) JOINT RESOLUTION OF APPROVAL.— ‘‘(III) the proposed duration of that rate; 1987, and entered into force June 1, 1988. (A) JOINT RESOLUTION OF APPROVAL DE- ‘‘(ii) the Trade Representative submits to (3) NEW START TREATY.—The term ‘‘New FINED.—In this paragraph, the term ‘‘joint Congress a notification of intent to impose START Treaty’’ means the Treaty between resolution of approval’’ means a joint resolu- duties or import restrictions under that the United States of America and the Rus- tion the sole matter after the resolving paragraph, including— sian Federation on Measures for the Further clause of which is as follows: ‘‘That Congress ‘‘(I) the proposal submitted under clause Reduction and Limitation of Strategic Of- authorizes the President to proclaim duty (i); and fensive Arms, signed April 8, 2010, and en- rates as set forth in the request of the Presi- ‘‘(II) a report by the International Trade tered into force February 5, 2011. dent on lllllllllll’’, with the Commission assessing the likely impact of (4) NUCLEAR NONPROLIFERATION TREATY.— blank space being filled with the date of the the proposal on the economy of the United The term ‘‘Nuclear Nonproliferation Treaty’’ request submitted under paragraph (1)(B). States as a whole and specific industry sec- means the Treaty on the Non-Proliferation (B) INTRODUCTION.—A joint resolution of tors; of Nuclear Weapons, signed at Washington approval may be introduced in either House ‘‘(iii) after submitting the notification July 1, 1968 (commonly known as the of Congress by any Member during the 15- under clause (ii), the Trade Representative ‘‘NPT’’). legislative day period beginning on the date consults with the Committee on Finance of

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.058 S18JNPT1 S3692 CONGRESSIONAL RECORD — SENATE June 18, 2019 the Senate and the Committee on Ways and military activities of the Department (5) An assessment, based on realistic and Means of the House of Representatives and, of Defense, for military construction, justifiable assumptions and forecasts, of the if the proposal affects agricultural products, and for defense activities of the De- economic implications of and potential harm the Committee on Agriculture, Nutrition, partment of Energy, to prescribe mili- caused by a licensing condition described in and Forestry of the Senate and the Com- paragraph (4) on the United States industries mittee on Agriculture of the House of Rep- tary personnel strengths for such fiscal that develop or produce satellites and com- resentatives; year, and for other purposes; which was mercial telecommunications equipment that ‘‘(iv) a period of 60 calendar days, begin- ordered to lie on the table; as follows: do not have direct national security ties, in- ning on the date on which the Trade Rep- At the end of subtitle F of title XII, insert cluding any costs identified under paragraph resentative has completed consultations the following: (3). under clause (iii), has passed; and SEC. 1272. REPORT ON EXPORT OF CERTAIN SAT- (6) An evaluation of the resources nec- ‘‘(v) no disapproval resolution under sub- ELLITES TO ENTITIES WITH CER- essary to ensure the ability of the Bureau of paragraph (B) is passed during the period de- TAIN BENEFICIAL OWNERSHIP Industry and Security of the Department of scribed in clause (iv). STRUCTURES. Commerce— ‘‘(B)(i) In this subparagraph, the term ‘dis- (a) IN GENERAL.—Not later than 180 days (A) to adequately identify and analyze the approval resolution’ means a joint resolution after the date of the enactment of this Act, beneficial owners of entities in decisions re- the sole matter after the resolving clause of the Secretary of Commerce, in consultation lating to— which is as follows: ‘That implementation of with the heads of appropriate agencies, shall (i) issuing licenses for the export, reexport, submit to the appropriate congressional the proposal by the Trade Representative to or in-country transfer of such satellites to committees a report on addressing the impose duties or other import restrictions such entities; or threat or potential threat posed by the ex- submitted to Congress on (ii) the ultimate end uses and end-users of port, reexport, or in-country transfer of sat- llllllllllllllll is not in the such satellites; and ellites described in section 1261(c)(1) of the interest of the United States.’, with the (B) when evaluating such a decision— National Defense Authorization Act for Fis- blank space being filled with the date on (i) to have full knowledge of the potential cal Year 2013 (Public Law 112–239; 22 U.S.C. which the Trade Representative submitted end-user of the satellite and the current ben- 2778 note) to entities described in subsection to Congress the material described in sub- eficial owner of the entity; and (b). section (A)(ii). (b) ENTITIES DESCRIBED.— (ii) to be able to determine whether issuing ‘‘(ii) Paragraph (2) of section 106(b) of the (1) IN GENERAL.—An entity described in the license would be inconsistent with the Bipartisan Congressional Trade Priorities this subsection is an entity the beneficial goal of preventing entities described in sub- and Accountability Act of 2015 (19 U.S.C. owner of which is— section (b) from accessing or using such sat- 4205(b)) applies to a disapproval resolution (A) an individual who is a citizen or na- ellites. (d) FORM.—The report required by sub- under this subparagraph to the same extent tional of a country described in section section (a) shall be submitted in unclassified that such paragraph applies to a procedural 1261(c)(2) of the National Defense Authoriza- form, but may include a classified annex. disapproval resolution under such section tion Act for Fiscal Year 2013; (e) APPROPRIATE CONGRESSIONAL COMMIT- 106(b).’’. (B) an entity organized under the laws of TEES DEFINED.—In this section, the term (2) CONFORMING AMENDMENT.—Paragraph or otherwise subject to the jurisdiction of (1)(B) of such section is amended by inserting ‘‘appropriate congressional committees’’ such a country; means— ‘‘subject to paragraph (7),’’ before ‘‘impose (C) the government of such a country; or duties’’. (1) the Committee on Armed Services, the (D) any other individual or entity the Sec- Committee on Banking, Housing, and Urban SA 673. Mr. BENNET (for himself and retary determines may detrimentally affect Affairs, the Committee on Commerce, the national security of the United States. Ms. WARREN) submitted an amendment Science, and Transportation, the Committee (2) DETERMINATION OF BENEFICIAL OWNER- on Foreign Relations, and the Select Com- intended to be proposed by him to the SHIP.—For purposes of paragraph (1), the Sec- bill S. 1790, to authorize appropriations mittee on Intelligence of the Senate; and retary shall identify a person as the bene- (2) the Committee on Armed Services, the for fiscal year 2020 for military activi- ficial owner of an entity— Committee on Financial Services, the Com- ties of the Department of Defense, for (A) in a manner that is not less stringent mittee on Energy and Commerce, the Com- military construction, and for defense than the manner set forth in section 240.13d– mittee on Foreign Affairs, and the Perma- activities of the Department of Energy, 3 of title 17, Code of Federal Regulations (as nent Select Committee on Intelligence of the to prescribe military personnel in effect on the date of the enactment of this House of Representatives. strengths for such fiscal year, and for Act); and (B) based on a threshold, to be determined SA 675. Mr. BENNET (for himself and other purposes; which was ordered to by the Secretary, based on an assessment of lie on the table; as follows: Mr. GARDNER) submitted an amend- whether the person’s position would give the ment intended to be proposed by him At the end of subtitle B of title XII, add person an opportunity to control the use of a the following: satellite described in section 1261(c)(1) of the to the bill S. 1790, to authorize appro- SEC. 12ll. MODIFICATION OF SEMIANNUAL RE- National Defense Authorization Act for Fis- priations for fiscal year 2020 for mili- PORT ON ENHANCING SECURITY cal Year 2013 and exported, reexported, or tary activities of the Department of AND STABILITY IN AFGHANISTAN. transferred in country to the entity. Defense, for military construction, and Paragraph (1) of section 1225(b) of the Carl (c) ELEMENTS.—The report required by sub- for defense activities of the Depart- Levin and Howard P. ‘‘Buck’’ McKeon Na- section (a) shall include the following: ment of Energy, to prescribe military tional Defense Authorization Act for Fiscal (1) An evaluation of whether satellites de- Year 2015 (Public Law 113–291; 127 Stat. 3550) personnel strengths for such fiscal scribed in section 1261(c)(1) of the National year, and for other purposes; which was is amended— Defense Authorization Act for Fiscal Year (1) in the paragraph heading by inserting 2013 have been exported, reexported, or ordered to lie on the table; as follows: ‘‘AND TAKING INTO ACCOUNT THE AUGUST 2017 transferred in-country, directly or indi- At the end of subtitle B of title III, add the STRATEGY OF THE UNITED STATES’’ after rectly, to entities described in subsection following: ‘‘2014’’; and (b). SEC. 324. PAYMENTS TO STATES FOR THE TREAT- (2) in subparagraph (B)— (2) An examination of the effect on na- MENT OF PERFLUOROOCTANE SUL- (A) by striking the period at the end and tional security of the potential export, reex- FONIC ACID AND inserting a semicolon; PERFLUOROOCTANOIC ACID IN port, or in-country transfer of satellites in DRINKING WATER. (B) by striking ‘‘in the assessment of any compliance with section 1261(c) of the Na- (a) IN GENERAL.—The Secretary of the Air such’’ and inserting ‘‘in the assessment of— tional Defense Authorization Act for Fiscal Force shall pay a local water authority lo- ‘‘(i) any such’’; and Year 2013 in circumstances in which the serv- cated in the vicinity of an installation of the (C) by adding at the end the following new ices, bandwidth, or functions of the satellites Air Force, or a State in which the local clauses: could subsequently be leased or sold to, or water authority is located, for the treatment ‘‘(ii) the United States counterterrorism otherwise used by, an entity described in of perfluorooctane sulfonic acid and mission; and subsection (b). perfluorooctanoic acid in drinking water ‘‘(iii) efforts by the Department of Defense (3) An examination of the effect on na- from the wells owned and operated by the to support reconciliation efforts and develop tional security of not limiting the export, re- local water authority to attain the lifetime conditions for the expansion of the reach of export, or in-country transfer of such sat- health advisory level for such acids estab- the Government of Afghanistan throughout ellites to entities described in subsection (b). lished by the Environmental Protection Afghanistan.’’. (4) Recommendations for, and an assess- Agency and in effect on October 1, 2017. ment of the effectiveness of, a licensing con- (b) ELIGIBILITY FOR PAYMENT.—To be eligi- SA 674. Mr. BENNET submitted an dition that would prohibit or limit the ex- ble to receive payment under subsection amendment intended to be proposed by port, reexport, or in-country transfer of such (a)— him to the bill S. 1790, to authorize ap- satellites to, or the use of such satellites by, (1) a local water authority or State, as the propriations for fiscal year 2020 for entities described in subsection (b). case may be, must—

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.057 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3693 (A) request such a payment from the Sec- (1) Senior Chief Petty Officer Shannon M. (3) prioritize efforts to develop a shared un- retary of the Air Force for reimbursable ex- Kent was born in Owego, New York. derstanding of alliance commitments and de- penses not already covered under a coopera- (2) Senior Chief Petty Officer Kent enlisted fense planning; and tive agreement entered into by the Secretary in the United States Navy on December 10, (4) provide appropriate support to the Re- relating to treatment of perfluorooctane sul- 2003. public of the Philippines to strengthen the fonic acid and perfluorooctanoic acid con- (3) Senior Chief Petty Officer Kent was flu- self-defense capabilities of the Republic of tamination before the date on which funding ent in four languages and four dialects of Ar- the Philippines, particularly in the maritime is made available to the Secretary for pay- abic. domain. ments relating to such treatment; and (4) Senior Chief Petty Officer Kent served (B) upon acceptance of such a payment, five combat tours throughout 15 years of SA 678. Ms. DUCKWORTH submitted waive all legal causes of action arising under service in the Navy. an amendment intended to be proposed chapter 171 of title 28, United States Code (5) On January 16, 2019, at 35 years of age, by her to the bill S. 1790, to authorize (commonly known as the ‘‘Federal Tort Senior Chief Petty Officer Kent was killed in appropriations for fiscal year 2020 for Claims Act’’), and any other Federal tort li- a suicide bombing in Manbij, Syria, while military activities of the Department ability statute for expenses for treatment supporting Joint Task Force-Operation In- of Defense, for military construction, and mitigation of perfluorooctane sulfonic herent Resolve. acid and perfluorooctanoic acid incurred be- (6) Senior Chief Petty Officer Kent was the and for defense activities of the De- fore January 1, 2018, and otherwise covered recipient of the Bronze Star, the Purple partment of Energy, to prescribe mili- under this section; Heart, two Joint Service Commendation tary personnel strengths for such fiscal (2) the elevated levels of perfluorooctane Medals, the Navy and Marine Corps Com- year, and for other purposes; which was sulfonic acid and perfluorooctanoic acid in mendation Medal, the Army Commendation ordered to lie on the table; as follows: the water must be the result of activities Medal, and the Joint Service Achievement At the end of subtitle A of title VIII, add conducted by or paid for by the Department Medal, among other decorations and awards. the following: of the Air Force; and (7) Senior Chief Petty Officer Kent was SEC. 811. DOCUMENTATION OF MARKET RE- (3) treatment or mitigation of such acids among the first women to deploy with Spe- SEARCH RELATED TO COMMERCIAL must have taken place during the period be- cial Operations Forces and was the first fe- ITEM DETERMINATIONS. ginning on January 1, 2016, and ending on the male to graduate from the hard skills pro- Section 3307(d) of title 41, United States day before the date of the enactment of this gram for non-SEALs. Code, is amended by adding at the end the Act. (8) Senior Chief Petty Officer Kent is sur- following new paragraph: (c) AGREEMENTS.— vived by her husband and two children. ‘‘(4) Agencies shall document the results of (1) IN GENERAL.—The Secretary of the Air (b) SENSE OF CONGRESS.—It is the sense of market research in a manner appropriate to Force may enter into such agreements with Congress that the Secretary of the Navy the size and complexity of the acquisition.’’. a local water authority or State as the Sec- should name the next available naval vessel retary considers necessary to implement this appropriate for such name in honor of Senior SA 679. Mr. UDALL submitted an section. Chief Petty Officer Shannon Kent. amendment intended to be proposed by (2) USE OF MEMORANDUM OF AGREEMENT.— him to the bill S. 1790, to authorize ap- The Secretary of the Air Force may use the SA 677. Ms. DUCKWORTH submitted propriations for fiscal year 2020 for applicable Defense State Memorandum of Agreement to pay amounts under subsection an amendment intended to be proposed military activities of the Department (a) that would otherwise be eligible for pay- by her to the bill S. 1790, to authorize of Defense, for military construction, ment under that agreement were those costs appropriations for fiscal year 2020 for and for defense activities of the De- paid using amounts appropriated to the En- military activities of the Department partment of Energy, to prescribe mili- vironmental Restoration Account, Air Force, of Defense, for military construction, tary personnel strengths for such fiscal established under section 2703(a)(4) of title and for defense activities of the De- year, and for other purposes; which was 10, United States Code. partment of Energy, to prescribe mili- ordered to lie on the table; as follows: (3) PAYMENT WITHOUT REGARD TO EXISTING tary personnel strengths for such fiscal At the end of subtitle H of title X, add the AGREEMENTS.—Payment may be made under subsection (a) to a State or a local water au- year, and for other purposes; which was following: thority in that State without regard to ex- ordered to lie on the table; as follows: SEC. 10ll. ROYALTIES FOR MINING; ABAN- isting agreements relating to environmental DONED MINE RECLAMATION FEES; At the end of subtitle E of title XII, add LIMITATION ON PATENTS. response actions or indemnification between the following: (a) IN GENERAL.—Production of all the Department of the Air Force and that SEC. 12ll. STATEMENT OF POLICY AND SENSE locatable minerals, including any minerals State. OF SENATE ON MUTUAL DEFENSE identified by the Secretary of Commerce or (d) LIMITATION.—Any payment made under TREATY WITH THE REPUBLIC OF the Secretary of the Interior as critical min- subsection (a) may not exceed the actual THE PHILIPPINES. erals, from any mining claim located under cost of treatment of perfluorooctane sulfonic (a) STATEMENT OF POLICY.—It is the policy the general mining laws shall be subject to a acid and perfluorooctanoic acid resulting of the United States that— royalty established by the Secretary of the from the activities conducted by or paid for (1) while the United States has long adopt- Interior by regulation of not less than 5 per- by the Department of the Air Force. ed an approach that takes no position on the cent, and not more than 8 percent, of the (e) AVAILABILITY OF AMOUNTS.—Of the ultimate disposition of the disputed sov- gross income from mining for production of amounts appropriated to the Department of ereignty claims in the South China Sea, dis- all locatable minerals. Defense for Operation and Maintenance, Air puting States should— (b) ABANDONED MINE LAND RECLAMATION Force, $10,000,000 shall be available to carry (A) resolve their disputes peacefully with- FEE.—Each operator of a hardrock minerals out this section. out the threat or use of force; and mining operation shall pay to the Secretary (B) ensure that their maritime claims are SA 676. Mr. SCHUMER (for himself, of the Interior a reclamation fee in an consistent with international law; and amount established by the Secretary of the Mr. COTTON, Mrs. GILLIBRAND, Mr. VAN (2) an attack on the armed forces, public Interior by regulation of not less than 1 per- HOLLEN, and Mr. CARDIN) submitted an vessels, or aircraft of the Republic of the cent, and not more than 3 percent, of the amendment intended to be proposed by Philippines in the Pacific, including the value of the production from the hardrock him to the bill S. 1790, to authorize ap- South China Sea, would trigger the mutual minerals mining operation for each calendar propriations for fiscal year 2020 for defense obligations of the United States year. military activities of the Department under Article IV of the Mutual Defense Trea- (c) LIMITATION ON PATENTS.— of Defense, for military construction, ty between the Republic of the Philippines (1) DETERMINATIONS REQUIRED.—No patent and the United States of America, done at and for defense activities of the De- shall be issued by the United States for any Washington August 30, 1951, ‘‘to meet com- mining claim, millsite, or tunnel site located partment of Energy, to prescribe mili- mon dangers in accordance with its constitu- under the general mining laws unless the tary personnel strengths for such fiscal tional processes’’. Secretary of the Interior determines that— year, and for other purposes; which was (b) SENSE OF SENATE.—It is the sense of the (A) a patent application was filed with the ordered to lie on the table; as follows: Senate that the Secretary of State and the Secretary of the Interior with respect to the At the end of subtitle C of title X, add the Secretary of Defense should— claim not later than September 30, 1994; and following: (1) affirm the commitment of the United (B) all requirements applicable to the pat- SEC. lll. SENSE OF CONGRESS ON THE NAM- States to the Mutual Defense Treaty be- ent application under law were fully com- ING OF A NAVAL VESSEL IN HONOR tween the United States and the Republic of plied with by the date described in subpara- OF SENIOR CHIEF PETTY OFFICER the Philippines; graph (A). SHANNON KENT. (2) preserve and strengthen the alliance of (2) RIGHT TO PATENT.— (a) FINDINGS.—Congress makes the fol- the United States with the Republic of the (A) IN GENERAL.—Subject to subparagraph lowing findings: Philippines; (B) and notwithstanding paragraph (3), if the

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.057 S18JNPT1 S3694 CONGRESSIONAL RECORD — SENATE June 18, 2019 Secretary of the Interior makes the deter- year, and for other purposes; which was (2) include an unclassified summary appro- minations under subparagraphs (A) and (B) ordered to lie on the table; as follows: priate for release to the public. of paragraph (1) with respect to a mining (d) FAIT ACCOMPLI DEFINED.—In this sec- At the end of subtitle E of title XII, add claim, millsite, or tunnel site, the claim tion, the term ‘‘fait accompli’’ means a sce- the following: holder shall be entitled to the issuance of a nario in which the People’s Republic of patent in the same manner and degree to SEC. 1262. BRIEFING ON DETERRENCE OF OP- China uses force to rapidly seize territory of PORTUNISTIC AGGRESSION BY THE Taiwan and subsequently threatens further which the claim holder would have been en- PEOPLE’S REPUBLIC OF CHINA titled to a patent before the date of enact- AGAINST TAIWAN. escalation, potentially including use of nuclear weapons, to deter an effective response ment of this Act. (a) IN GENERAL.—Not later than 180 days (B) WITHDRAWAL.—The claim holder shall after the date of the enactment of this Act, by the Armed Forces and allied and partner not be entitled to the issuance of a patent if the Secretary of Defense, in collaboration military forces. the determinations under subparagraphs (A) with the Joint Chiefs of Staff, shall provide and (B) of paragraph (1) are withdrawn or in- SA 683. Mr. HAWLEY submitted an to the congressional defense committees a amendment intended to be proposed by validated by the Secretary of the Interior or, briefing on the following: on review, by a court of the United States. (1) The deterrence of opportunistic aggres- him to the bill S. 1790, to authorize ap- (3) REPEAL.—Section 2325 of the Revised sion by the People’s Republic of China propriations for fiscal year 2020 for Statutes (30 U.S.C. 29) is repealed. against Taiwan in the case of engagement of military activities of the Department the Armed Forces in a conflict with the Rus- of Defense, for military construction, SA 680. Mr. HAWLEY submitted an sian Federation. and for defense activities of the De- amendment intended to be proposed by (2) The deterrence of opportunistic aggres- partment of Energy, to prescribe mili- him to the bill S. 1790, to authorize ap- sion by the People’s Republic of China tary personnel strengths for such fiscal propriations for fiscal year 2020 for against Taiwan in the case of engagement of year, and for other purposes; which was military activities of the Department the Armed Forces in a conflict with the Democratic People’s Republic of Korea. ordered to lie on the table; as follows: of Defense, for military construction, At the end of subtitle D of title XII, add and for defense activities of the De- (3) The deterrence of opportunistic aggression by the People’s Republic of China the following: partment of Energy, to prescribe mili- against Taiwan in the case of engagement of SEC. 12ll. REPORT ON IMPROVEMENTS TO DE- tary personnel strengths for such fiscal the Armed Forces in a conflict with Iran. TERRENCE EFFORTS WITH RESPECT TO THE RUSSIAN FEDERATION. year, and for other purposes; which was (b) MATTERS TO BE INCLUDED.—The brief- (a) IN GENERAL.—Not later than one year ordered to lie on the table; as follows: ing under subsection (a) shall include, for after the date of the enactment of this Act, each scenario described in paragraphs (1) At the end of subtitle D of title XII, add the Secretary of Defense, in consultation through (3) of that subsection, the following: the following: with the Commander of the United States (1) A description of the requirements to SEC. 1247. BRIEFING ON DETERRENCE OF OP- European Command, shall submit to the con- deter such opportunistic aggression. PORTUNISTIC AGGRESSION BY THE gressional defense committees a report de- (2) A description of the requirements to re- RUSSIAN FEDERATION AGAINST tailing efforts to improve the ability of the store deterrence against the People’s Repub- BALTIC ALLIES. Armed Forces and North Atlantic Treaty Or- (a) IN GENERAL.—Not later than 180 days lic of China in the case of such opportunistic ganization forces to deny the ability of the after the date of the enactment of this Act, aggression. Russian Federation to execute a fait the Secretary of Defense, in consultation (3) An assessment of the ability of the De- accompli against one or more Baltic allies. with the Joint Chiefs of Staff, shall submit partment of Defense to meet the require- (b) MATTER TO BE INCLUDED.—The report to the congressional defense committees a ments described under paragraphs (1) and (2) under subsection (a) shall identify briefing on the following: at current resource levels. prioritized requirements for further improv- (1) The deterrence of opportunistic aggres- (4) Recommendations to ensure that the ing the ability of the Armed Forces and sion by the Russian Federation against one Department will be able to meet any such re- North Atlantic Treaty Organization forces to or more Baltic allies in the case of engage- quirement that the Department is unable to deny the ability of the Russian Federation to ment of the Armed Forces in a conflict with meet as of the date of the enactment of this execute a fait accompli against one or more the People’s Republic of China. Act. Baltic allies. (2) The deterrence of opportunistic aggres- (c) FORM.—The report under subsection (a) sion by the Russian Federation against one SA 682. Mr. HAWLEY submitted an shall— or more Baltic allies in the case of engage- amendment intended to be proposed by (1) be submitted in classified form; and ment of the Armed Forces in a conflict with him to the bill S. 1790, to authorize ap- (2) include an unclassified summary appro- the Democratic People’s Republic of Korea. propriations for fiscal year 2020 for priate for release to the public. (3) The deterrence of opportunistic aggres- military activities of the Department (d) FAIT ACCOMPLI DEFINED.—In this section, the term ‘‘fait accompli’’ means a sce- sion by the Russian Federation against one of Defense, for military construction, or more Baltic allies in the case of engage- nario in which the Russian Federation uses ment of the Armed Forces in a conflict with and for defense activities of the De- force to rapidly seize territory of one or Iran. partment of Energy, to prescribe mili- more Baltic allies and subsequently threat- (b) MATTERS TO BE INCLUDED.—The brief- tary personnel strengths for such fiscal ens further escalation, potentially including ing under subsection (a) shall include, for year, and for other purposes; which was use of nuclear weapons, to deter an effective each scenario described in paragraphs (1) ordered to lie on the table; as follows: response by the Armed Forces and North At- through (3) of that subsection, the following: At the end of subtitle E of title XII, add lantic Treaty Organization forces. (1) A description of the requirements to the following: deter such opportunistic aggression. SA 684. Ms. COLLINS (for herself and SEC. 1262. REPORT ON IMPROVEMENTS TO DE- ANTWELL (2) A description of the requirements to re- TERRENCE EFFORTS WITH RESPECT Ms. C ) submitted an amend- store deterrence against the Russian Federa- TO THE PEOPLE’S REPUBLIC OF ment intended to be proposed by her to tion in the case of such opportunistic aggres- CHINA. the bill S. 1790, to authorize appropria- sion. (a) IN GENERAL.—Not later than one year tions for fiscal year 2020 for military (3) An assessment of the ability of the De- after the date of the enactment of this Act, activities of the Department of De- partment of Defense to meet the require- Secretary of Defense, in consultation with fense, for military construction, and ments described under paragraphs (1) and (2) the Commander of the United States Indo- at current resource levels. Pacific Command, shall submit to the con- for defense activities of the Depart- (4) Recommendations to ensure that the gressional defense committees a report de- ment of Energy, to prescribe military Department will be able to meet any such re- tailing efforts to improve the ability of the personnel strengths for such fiscal quirement that the Department is unable to Armed Forces and allied and partner mili- year, and for other purposes; which was meet as of the date of the enactment of this tary forces to deny the ability of the Peo- ordered to lie on the table; as follows: Act. ple’s Republic of China to execute a fait At the appropriate place in title X, insert accompli against Taiwan. the following: SA 681. Mr. HAWLEY submitted an (b) MATTER TO BE INCLUDED.—The report SEC. lll. REPORT ON APPRENTICESHIPS AND amendment intended to be proposed by under subsection (a) shall identify ON-THE-JOB TRAINING FOR MEM- him to the bill S. 1790, to authorize ap- prioritized requirements for further improv- BERS OF THE ARMED FORCES AND propriations for fiscal year 2020 for ing the ability of the Armed Forces and al- VETERANS. military activities of the Department lied and partner military forces to deny the (a) IN GENERAL.—Not later than 270 days ability of the People’s Republic of China to after the date of the enactment of this Act, of Defense, for military construction, execute a fait accompli against Taiwan. the Secretary of Defense, in collaboration and for defense activities of the De- (c) FORM.—The report under subsection (a) with the Secretary of Veterans Affairs and partment of Energy, to prescribe mili- shall— Secretary of Labor, shall submit to the ap- tary personnel strengths for such fiscal (1) be submitted in classified form; and propriate committees of Congress a report on

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.061 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3695 the efforts of the Department of Defense to (D) the Secretary determines that there Cybersecurity Information Sharing Act of promote the utilization of apprenticeships other sufficient reasons for delay of the anal- 2015 (6 U.S.C. 1501); and and on-the-job training by members of the ysis. (9) the term ‘‘Secretary’’ means the Sec- Armed Forces transitioning from service in (b) REPORTING.—If an analysis of alter- retary of Homeland Security. the Armed Forces to civilian life. natives cannot be completed within the al- (b) ESTABLISHMENT; PURPOSE.—Not later (b) ELEMENTS.—The report required by sub- lotted time, or a waiver is used, the Sec- than 60 days after the date of enactment of section (a) shall include the following: retary shall report to the congressional de- this Act, the Secretary, in consultation with (1) An assessment of outreach efforts to fense committees the following information: the heads of the appropriate Federal agen- members of the Armed Forces with respect (1) For a waiver, the basis for use of the cies, may establish a pilot program under to the job training, employment skills train- waivers, including the reasons why the study which the appropriate Federal agencies, as ing, apprenticeships, internships, and cannot be completed within the allotted coordinated and facilitated by the Secretary, SkillBridge initiatives of the Department, time. may identify and partner with nonprofit cy- including recommendations by the Secretary (2) For a study estimated to take more bersecurity organizations capable of ena- of Defense on ways in which such efforts than nine months— bling near real-time information sharing of could be improved. (A) an estimate of when the analysis will cybersecurity threats among cybersecurity (2) An assessment of utilization rates of be completed; providers in order to coordinate and magnify the initiatives referred to in paragraph (1), (B) an estimate of any additional costs to Federal and non-Federal efforts to prevent or disaggregated by military department. complete the analysis; and disrupt cybersecurity threats or malicious (3) An explanation of efforts undertaken by (C) other relevant information pertaining cyber actors, by, as appropriate— the Secretary of Defense to coordinate and to the analysis and its completion. (1) sharing information relating to poten- collaborate with the Secretary of Veterans tial actions by the Federal Government Affairs with respect to apprenticeships and SA 686. Mr. PETERS submitted an against cybersecurity threats or malicious on-the-job training in order to maximize uti- amendment intended to be proposed by cyber actors with non-Federal entities; lization of job training and education pro- him to the bill S. 1790, to authorize ap- (2) facilitating joint planning between the grams provided under laws administered by appropriate Federal agencies and non-Fed- propriations for fiscal year 2020 for eral entities relating to cybersecurity either the Secretary of Defense or the Sec- military activities of the Department retary of Veterans Affairs, including efforts threats or malicious cyber actors; and to highlight apprenticeship and on-the-job of Defense, for military construction, (3) synchronizing activities of the Federal training opportunities in the Transition As- and for defense activities of the De- Government against cybersecurity threats or sistance Program. partment of Energy, to prescribe mili- malicious cyber actors of— (4) Recommendations for legislative or ad- tary personnel strengths for such fiscal (A) the non-Federal entities with which in- ministrative action to improve awareness, year, and for other purposes; which was formation is shared under paragraph (1); and access, and utilization of apprenticeships and ordered to lie on the table; as follows: (B) the non-Federal entities with which on-the-job training programs by members of joint planning is carried out under paragraph At the appropriate place, insert the fol- (2). the Armed Forces and veterans who have re- lowing: cently transitioned from service in the (c) FEDERAL COORDINATION.—The Secretary SEC. lll. PILOT PROGRAM TO IMPROVE PUB- Armed Forces to civilian life. shall facilitate all Federal coordination, LIC-PRIVATE CYBERSECURITY planning, and action relating to the pilot (c) DEFINITION OF APPROPRIATE COMMITTEES OPERATIONAL COLLABORATION. OF CONGRESS.—In this section, the term ‘‘ap- program. (a) DEFINITIONS.—In this section— (d) ANNUAL REPORTS TO APPROPRIATE CON- propriate committees of Congress’’ means— (1) the term ‘‘appropriate congressional (1) the congressional defense committees; GRESSIONAL COMMITTEES AND LEADERSHIP.— committees and leadership’’ means— (1) IN GENERAL.—Not later than 1 year after (2) the Committee on Health, Education, (A) the Committee on Homeland Security Labor, and Pensions and the Committee on the date of enactment of this Act, and each and Governmental Affairs of the Senate, the year thereafter, the Secretary shall submit Veterans’ Affairs of the Senate; and Committee on the Judiciary, the Committee (3) Committee on Education and Labor and to the appropriate congressional committees on Armed Services, the Select Committee on and leadership a report on the collaboration the Committee on Veterans’ Affairs of the Intelligence, the Committee on Foreign Re- House of Representatives. efforts carried out during the year for which lations, the majority leader, and the minor- the report is submitted, which shall in- ity leader of the Senate; and clude— SA 685. Mr. DURBIN submitted an (B) the Committee on Homeland Security amendment intended to be proposed by (A) a statement of the total number col- of the House of Representatives, the Com- laboration efforts carried out during the him to the bill S. 1790, to authorize ap- mittee on the Judiciary, the Committee on year; propriations for fiscal year 2020 for Armed Services, the Permanent Select Com- (B) with respect to each collaboration ef- military activities of the Department mittee on Intelligence, the Committee on fort carried out during the year— of Defense, for military construction, Foreign Affairs, the Speaker, and the minor- (i) a statement of— and for defense activities of the De- ity leader of the House of Representatives; (I) the identity of any malicious cyber partment of Energy, to prescribe mili- (2) the term ‘‘appropriate Federal agen- actor that, as a result of a cybersecurity cies’’ means— threat that the malicious cyber actor en- tary personnel strengths for such fiscal (A) the Department of Homeland Security; year, and for other purposes; which was gaged in or was likely to engage in, was a and subject of the collaboration effort; ordered to lie on the table; as follows: (B) any other agency, as determined by the (II) the responsibilities under the collabo- At the end of subtitle A of title VIII, add Secretary; ration effort of each appropriate Federal the following: (3) the term ‘‘collaboration effort’’ means agency and each non-Federal entity that SEC. 811. ANALYSIS OF ALTERNATIVES PURSU- an effort undertaken by the appropriate Fed- participated in the collaboration effort; and ANT TO MATERIEL DEVELOPMENT eral agencies and 1 or more non-Federal enti- (III) whether the goal of the collaboration DECISIONS. ties under the pilot program in order to effort was achieved; and (a) TIMELINE.—Not later than 180 days after carry out the purpose of the pilot program; (ii) a description of how each appropriate the date of the enactment of this Act, the (4) the term ‘‘critical infrastructure’’ has Federal agency and each non-Federal entity Secretary of Defense shall update existing the meaning given that term in section that participated in the collaboration effort guidance for analyses of alternatives con- 1016(e) of the USA PATRIOT Act (42 U.S.C. collaborated in carrying out the collabora- ducted pursuant to a materiel development 5195c(e)); tion effort; and decision for a major defense acquisition pro- (5) the term ‘‘cybersecurity provider’’ (C) a description of— gram to incorporate the following: means a non-Federal entity that provides cy- (i) the ways in which the collaboration ef- (1) Study completion within nine months. bersecurity services to another non-Federal forts carried out during the year— (2) Study guidance issued by the Director, entity; (I) were successful; and Cost Assessment and Program Evaluation of (6) the term ‘‘cybersecurity threat’’ means (II) could have been improved; and a scope designed to provide for reasonable a cybersecurity threat, as defined in section (ii) how the Secretary will improve col- completion of the study within the nine- 102 of the Cybersecurity Information Sharing laboration efforts carried out on or after the month period. Act of 2015 (6 U.S.C. 1501), that affects— date on which the report is submitted. (3) Procedures for waiver of the timeline (A) the national security of the United (2) FORM.—Any report submitted under requirements of this subsection on a case-by- States; or paragraph (1) shall be submitted in unclassi- case basis if— (B) critical infrastructure in the United fied form, but may include a classified (A) the subject of the analysis is of ex- States; annex. treme technical complexity; (7) the term ‘‘malicious cyber actor’’ (e) TERMINATION.—The pilot program shall (B) collection of additional intelligence is means an entity that poses a cybersecurity terminate on the date that is 3 years after required to inform the analysis; threat; the date of enactment of this Act. (C) insufficient technical expertise is avail- (8) the term ‘‘non-Federal entity’’ has the (f) RULE OF CONSTRUCTION.—Nothing in this able to complete the analysis; or meaning given the term in section 102 of the section shall be construed to—

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.062 S18JNPT1 S3696 CONGRESSIONAL RECORD — SENATE June 18, 2019 (1) authorize a non-Federal entity to en- Southern Gas Corridor and the European investments in energy infrastructure in the gage in any activity in violation of section Union’s efforts to diversify energy resources. Eastern Mediterranean region; 1030(a) of title 18, United States Code; or (13) The proposed Eastern Mediterranean (3) to strongly support the completion of (2) limit an appropriate Federal agency or pipeline if commercially viable would pro- the Trans Adriatic and Eastern Mediterra- a non-Federal entity from engaging in a law- vide for energy diversification in accordance nean Pipelines and the establishment of ful activity. with the European Union’s third energy liquified natural gas (LNG) terminals across package of reforms. the Eastern Mediterranean as a means of di- SA 687. Mr. MENENDEZ submitted (14) The United States acknowledges the versifying regional energy needs away from an amendment intended to be proposed achievements and importance of the Bina- the Russian Federation; by him to the bill S. 1790, to authorize tional Industrial Research and Development (4) to maintain a robust United States appropriations for fiscal year 2020 for Foundation (BIRD) and the United States- naval presence and investments in the naval military activities of the Department Israel Binational Science Foundation (BSF) facility at Souda Bay, Greece and develop of Defense, for military construction, and supports continued multiyear funding to deeper security cooperation with the latter and for defense activities of the De- ensure the continuity of the programs of the to include the recent MQ–9 deployments to partment of Energy, to prescribe mili- Foundations. the Larissa Air Force Base and United (15) The United States has welcomed States Army helicopter training in central tary personnel strengths for such fiscal Greece’s allocation of 2 percent of its gross Greece; year, and for other purposes; which was domestic product (GDP) to defense in accord- (5) to welcome Greece’s commitment to ordered to lie on the table; as follows: ance with commitments made at the 2014 move forward with the Interconnector At the end of title XII, add the following: NATO Summit in Wales. Greece-Bulgaria (IGB pipeline) and addi- Subtitle H—Eastern Mediterranean Security (16) Energy exploration in the Eastern tional LNG terminals that will help facili- and Energy Partnership Mediterranean region must be safeguarded tate delivery of non-Russian gas to the Bal- SEC. 1291. SHORT TITLE. against threats posed by terrorist and ex- kans and central Europe; This subtitle may be cited as the ‘‘Eastern tremist groups, including Hezbollah and any (6) to support deepened security coopera- Mediterranean Security and Energy Partner- other actor in the region. tion with the Republic of Cyprus through the ship Act of 2019’’. (17) The energy exploration in the Republic removal of the arms embargo on the coun- SEC. 1292. FINDINGS. of Cyprus’s Exclusive Economic Zone and try; Congress makes the following findings: territorial waters— (7) to support robust International Mili- (1) The security of partners and allies in (A) furthers United States interests by pro- tary Education and Training (IMET) pro- the Eastern Mediterranean region is critical viding a potential alternative to Russian gas gramming with Greece and the Republic of to the security of the United States and Eu- for United States allies and partners; and Cyprus; rope. (B) should not be impeded by other sov- (8) to leverage relationships within the Eu- (2) Greece is a valuable member of the ereign states. ropean Union to encourage investments in North Atlantic Treaty Organization (NATO) (18) The United States Government cooper- Cypriot border and maritime security; and a key pillar of stability in the Eastern ates closely with the Government of the Re- (9) to support efforts to counter Russian Mediterranean. public of Cyprus through information shar- Federation Government interference and in- (3) Israel is a steadfast ally of the United ing agreements. fluence in the Eastern Mediterranean States and has been designated a ‘‘major (19) United States officials have assisted through increased security cooperation with non-NATO ally’’ and ‘‘major strategic part- the Government of the Republic of Cyprus Greece, Cyprus, and Israel, to include intel- ner’’. with crafting that nation’s national security ligence sharing, cyber, and maritime domain (4) Cyprus is a key strategic partner and strategy. awareness; signed a Statement of Intent with the United (20) The United States Government pro- (10) to support the Republic of Cyprus ef- States on November 6, 2018, to enhance bilat- vides training to Cypriot officials in areas forts to regulate its banking industry to en- eral security cooperation. such as cybersecurity, counterterrorism, and sure that it is not used as a source of inter- (5) The countries of Greece, Cyprus, and explosive ordnance disposal and stockpile national money laundering and encourages Israel have participated in critical trilateral management. additional measures toward that end; summits to improve cooperation on energy (21) The Republic of Cyprus is a valued (11) to strongly oppose any actions that and security issues. member of the Proliferation Security Initia- would trigger mandatory sanctions pursuant (6) Secretary of State Mike Pompeo par- tive to combat the trafficking of weapons of to section 231 of the Countering America’s ticipated in the trilateral summit among mass destruction. Adversaries Through Sanctions Act Israel, Greece, and Cyprus on March 20, 2019. (22) The Republic of Cyprus continues to (CAATSA) (Public Law 115–44), to include the (7) All four countries oppose any action in work closely with the United Nations and re- purchase by Turkey of an S–400 system from the Eastern Mediterranean and the Aegean gional partners in Europe to combat ter- the Russian Federation; Sea that could challenge stability, violate rorism and violent extremism. (12) to continue robust official strategic international law, or undermine good neigh- (23) Despite robust economic and security engagement with Israel, Greece, and Cyprus; borly relations, and in a joint declaration on relations with the United States, the Repub- (13) to urge countries in the region to deny March 21, 2019, agreed to ‘‘defend against ex- lic of Cyprus has been subject to a United port services to the Russian Federation ves- ternal malign influences in the Eastern Med- States prohibition on the export of defense sels deployed to support the government of iterranean and the broader Middle East’’. articles and services since 1987. Bashar Al-Assad in Syria; (8) The recent discovery of potentially the (24) The 1987 arms prohibition was designed (14) to support joint military exercises region’s largest natural gas field off the to restrict United States arms sales and among Israel, Greece, and Cyprus; Egyptian coast and the newest discoveries of transfer to the Republic of Cyprus and the (15) to fully implement relevant CAATSA natural gas off the Cypriot coast could rep- occupied part of Cyprus to avoid hindering provisions to prevent interference by the resent a significant positive development for reunification efforts. Government of the Russian Federation in the Eastern Mediterranean and the Middle (25) At least 40,000 Turkish troops are sta- the region; East, enhancing the region’s strategic en- tioned in the occupied part of Cyprus with (16) to support efforts by countries in the ergy significance. some weapons procured from the United region to demobilize military equipment (9) Turkish government officials have ex- States through mainland Turkey. supplied by the Government of the Russian pressed an intent to purchase the S–400 sys- (26) While the United States has, as a mat- Federation in favor of equipment provided tem from the Russian Federation, which ter of policy, avoided the provision of de- by NATO and NATO-allied member coun- could trigger the imposition of mandatory fense articles and services to the Republic of tries; and sanctions under the Countering America’s Cyprus, the Government of Cyprus has, in (17) to strongly support the active and ro- Adversaries Through Sanctions Act (Public the past, sought to obtain defense articles bust participation of Israel, Cyprus, and Law 115–44). from other countries, including countries, Greece in the Combating Terrorism Fellow- (10) It is in the national security interests such as Russia, that pose challenges to ship Program. of the United States to promote, achieve, United States interests around the world. SEC. 1294. UNITED STATES-EASTERN MEDITERRA- and maintain energy security among, and SEC. 1293. STATEMENT OF POLICY. NEAN ENERGY COOPERATION. through cooperation with, allies. It is the policy of the United States— (a) IN GENERAL.—The Secretary of State, (11) Natural gas developments in the East- (1) to continue to actively participate in in consultation with the Secretary of En- ern Mediterranean have the potential to pro- the trilateral dialogue on energy, maritime ergy, may enter into cooperative agreements vide economic gains and contribute to en- security, cyber security and protection of supporting and enhancing dialogue and plan- ergy security in the region and Europe, as critical infrastructure conducted among ning involving international partnerships be- well as support European efforts to diversify Israel, Greece and Cyprus; tween the United States and Israel, Greece, away from natural gas supplied by the Rus- (2) to support diplomatic efforts with part- and Cyprus. sian Federation. ners and allies to deepen energy security co- (b) ANNUAL REPORTS.—If the Secretary of (12) The soon to be completed Trans Adri- operation among Greece, Cyprus, and Israel State, in consultation with the Secretary of atic Pipeline is a critical component of the and to encourage the private sector to make Energy, enters into agreements authorized

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.062 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3697 under subsection (a), the Secretary shall sub- steps necessary to deny Russian military fluence in Europe and Eurasia Act of 2017 (22 mit an annual report to the appropriate con- vessels access to ports for refueling and serv- U.S.C. 9525(a)); gressional committees that describes— icing. (2) such a purchase would endanger the in- (1) actions taken to implement such agree- (2) WAIVER.—The President may waive the tegrity of the NATO alliance; ments; and limitations contained in this subsection for (3) such a purchase would adversely affect (2) any projects undertaken pursuant to one fiscal year if the President determines ongoing operations of the United States such agreements. that it is essential to the national security Armed Forces, including coalition oper- (c) UNITED STATES-EASTERN MEDITERRA- interests of the United States to do so. ations in which the United States Armed NEAN ENERGY CENTER.—The Secretary of En- (3) APPROPRIATE COMMITTEES OF CONGRESS Forces participate; ergy, in consultation with the Secretary of DEFINED.—In this section, the term ‘‘appro- (4) such a purchase would result in a sig- State, may establish a joint United States- priate committees of Congress’’ means— nificant impact to defense cooperation be- Eastern Mediterranean Energy Center in the (A) the Committee on Foreign Relations tween the United States and Turkey; United States leveraging the experience, and the Committee on Armed Services of the (5) such a purchase would significantly in- knowledge, and expertise of institutions of Senate; and crease the risk of compromising United higher education and entities in the private (B) the Committee on Foreign Affairs and States defense systems and operational capa- sector, among others, in offshore energy de- the Committee on Armed Services of the bilities; and velopment to further dialogue and collabora- House of Representatives. (6) the President should faithfully execute tion to develop more robust academic co- SEC. 1296. IMET COOPERATION WITH GREECE the Countering Russian Influence in Europe operation in energy innovation technology AND CYPRUS. and Eurasia Act of 2017 by imposing and ap- and engineering, water science, technology There is authorized to be appropriated for plying sanctions under section 235 of that transfer, and analysis of emerging geo- fiscal year 2020 $2,000,000 for International Act (22 U.S.C. 9529) with respect to any indi- political implications, which include oppor- Military Education and Training (IMET) as- vidual or entity determined to have engaged tunities as well as crises and threats from sistance for Greece and $2,000,000 for such as- in such a significant transaction. foreign natural resource and energy acquisi- sistance for Cyprus. The assistance shall be SEC. 1299A. STRATEGY ON UNITED STATES SECU- tions. made available for the following purposes: RITY AND ENERGY COOPERATION IN THE EASTERN MEDITERRANEAN. SEC. 1295. REPEAL OF PROHIBITION ON TRANS- (1) Training of future leaders. (a) IN GENERAL.—Not later than 90 days FER OF ARTICLES ON THE UNITED (2) Fostering a better understanding of the STATES MUNITIONS LIST TO THE RE- after the date of the enactment of this Act, United States. the Secretary of State, in consultation with PUBLIC OF CYPRUS. (3) Establishing a rapport between the (a) SENSE OF THE SENATE ON CYPRUS.—It is the Secretary of Defense and the Secretary United States military and the country’s the sense of the Senate that— of Energy, shall submit to the appropriate military to build alliances for the future. (1) allowing for the export, re-export, or congressional committees a strategy on en- (4) Enhancement of interoperability and transfer of arms subject to the United States hanced security and energy cooperation with capabilities for joint operations. Munitions List (part 121 of title 22, Code of countries in the Eastern Mediterranean re- (5) Focusing on professional military edu- Federal Regulations) to the Republic of Cy- gion, including Israel, Cyprus, and Greece. cation. prus would advance United States security (b) ELEMENTS.—The report required under (6) Enabling countries to use their national interests in Europe by helping to reduce the subsection (a) shall include the following ele- funds to receive a reduced cost for other De- ments: dependence of the Government of the Repub- partment of Defense education and training. (1) A description of United States partici- lic of Cyprus on other countries, including (7) Provision of English Language Training pation in and support for the Eastern Medi- countries that pose challenges to United assistance. terranean Natural Gas Forum. States interests around the world, for de- (2) An evaluation of all possible delivery fense-related materiel; and SEC. 1297. FOREIGN MILITARY FINANCING. mechanisms into Europe for natural gas dis- (2) it is in the interest of the United There is authorized to be appropriated for coveries in the Eastern Mediterranean re- States— fiscal year 2020 $3,000,000 for Foreign Military gion. (A) to continue to support United Nations- Financing (FMF) assistance for Greece to as- (3) An evaluation of efforts to protect en- facilitated efforts toward a comprehensive sist the country in meeting its commitment as a member of the North Atlantic Treaty ergy exploration infrastructure in the resolution to the division of Cyprus; and gion, including United States companies. (B) for the Republic of Cyprus to join Organization (NATO) to dedicate 20 percent of its defense budget to enhance research and (4) An assessment of the capacity of Cyprus NATO’s Partnership for Peace program. to host an Energy Crisis Center in the region (b) MODIFICATION OF PROHIBITION.—Section development. which could provide basing facilities in sup- 620C(e) of the Foreign Assistance Act of 1961 SEC. 1298. LIMITATION ON TRANSFER OF F–35 port search and rescue efforts in the event of (22 U.S.C. 2373(e)) is amended by adding at AIRCRAFT TO TURKEY. an accident. the end the following new paragraph: (a) IN GENERAL.—Except as provided under (5) An assessment of the timing of natural ‘‘(3) The requirement under paragraph (1) subsection (b), no funds may be obligated or gas delivery in the region as well as assess- shall not apply to any sale or other provision expended— ment of the ultimate destination countries of any defense article or service to Cyprus if (1) to transfer, facilitate the transfer, or for the natural gas delivery from the region. the end-user of such defense article or serv- authorize the transfer of, an F–35 aircraft to (6) A plan to work with United States busi- ice is the Republic of Cyprus.’’. the Republic of Turkey; nesses seeking to invest in Eastern Medi- (c) EXCLUSION OF THE GOVERNMENT OF THE (2) to transfer intellectual property or terranean energy exploration, development, REPUBLIC OF CYPRUS FROM CERTAIN RELATED technical data necessary for or related to and cooperation. REGULATIONS.—Beginning on the date of the any maintenance or support of the F–35 air- (c) FORM.—The report required under sub- enactment of this Act, the Secretary of craft; or section (a) shall be submitted in unclassified State shall not apply a policy of denial for (3) to construct a storage facility for, or form, but may contain a classified annex. exports, re-exports, or transfers of defense otherwise facilitate the storage in Turkey of, SEC. 1299B. REPORT ON RUSSIAN FEDERATION articles and defense services destined for the an F–35 aircraft transferred to Turkey. MALIGN INFLUENCE IN THE EAST- Republic of Cyprus if— (b) EXCEPTION.—The President may waive ERN MEDITERRANEAN. (1) the request is made by or on behalf of the limitation under subsection (a) upon a (a) IN GENERAL.—Not later than 90 days the Republic of Cyprus; and written certification to Congress that the after the date of the enactment of this Act, (2) the end-user of such defense articles or Government of Turkey does not plan or in- the Secretary of State shall submit to the defense services is the Republic of Cyprus. tend to accept delivery of the S–400 air de- appropriate congressional committees a re- (d) LIMITATIONS ON THE TRANSFER OF ARTI- fense system. port on Russian Federation malign influence CLES ON THE UNITED STATES MUNITIONS LIST (c) TRANSFER DEFINED.—In this section, in Cyprus, Greece, and Israel since January TO THE REPUBLIC OF CYPRUS.— the term ‘‘transfer’’ includes the physical re- 1, 2017. (1) IN GENERAL.—The policy of denial for location outside of the continental United (b) ELEMENTS.—The report required under exports, re-exports, or transfers of defense States. subsection (a) shall include the following ele- articles on the United States Munitions List (d) APPLICABILITY.—The limitation under ments: to the Republic of Cyprus shall remain in subsection (a) does not apply to F–35 aircraft (1) An assessment of security, political, place unless the President determines and operated by the United States Armed Forces. and energy goals of the Government of the certifies to the appropriate committees of SEC. 1299. SENSE OF THE SENATE ON PURCHASE Russian Federation in the Eastern Medi- Congress not less than annually that— BY TURKEY OF S–400 AIR DEFENSE terranean. (A) the Government of the Republic of Cy- SYSTEM. (2) A description of energy projects of the prus is continuing to cooperate with the It is the sense of the Senate that, if the Government of the Russian Federation in United States Government in efforts to im- Government of Turkey purchases the S–400 the Eastern Mediterranean. plement reforms on anti-money laundering air defense system from the Russian Federa- (3) A listing of Russian national ownership regulations and financial regulatory over- tion— of media outlets in these countries, includ- sight; and (1) such a purchase would constitute a sig- ing the name of the media outlet, approxi- (B) the Government of the Republic of Cy- nificant transaction within the meaning of mate viewership, and assessment of whether prus has made and is continuing to take the section 231(a) of the Countering Russian In- the outlet promotes pro-Kremlin views.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.078 S18JNPT1 S3698 CONGRESSIONAL RECORD — SENATE June 18, 2019 (4) An assessment of military engagement (A) a land use plan prepared by the Bureau tent consistent with the State management by the Government of the Russian Federa- of Land Management for public land pursu- plan. tion in the security sector, including engage- ant to section 202 of the Federal Land Policy (C) DETERMINATION OF INCONSISTENCY.—Any ment by military equipment and personnel and Management Act of 1976 (43 U.S.C. 1712); disagreement regarding whether a with- contractors. and drawal, amendment, or other modification of (5) An assessment of efforts supported by (B) a land and resource management plan a Federal resource management plan is in- the Government of the Russian Federation prepared by the Forest Service for National consistent with a State management plan to influence elections in the three countries, Forest System land pursuant to section 6 of shall be resolved by the Governor of the af- through the use of cyber attacks, social the Forest and Rangeland Renewable Re- fected State. media campaigns, or other malign influence sources Planning Act of 1974 (16 U.S.C. 1604). (3) RELATION TO NATIONAL ENVIRONMENTAL techniques. (2) GREATER SAGE-GROUSE.—The term POLICY ACT OF 1969.—With regard to any (6) An assessment of efforts by the Govern- ‘‘greater sage-grouse’’ means a sage-grouse major Federal action consistent with a State ment of the Russian Federation to intimi- of the species Centrocercus urophasianus. management plan, any findings, analyses, or date and influence the decision by His All (3) STATE MANAGEMENT PLAN.—The term conclusions regarding the greater sage- Holiness Ecumenical Patriarch Bar- ‘‘State management plan’’ means a State-ap- grouse and the habitat of the greater sage- tholomew, leader of 300,000,000 Orthodox proved plan for the protection and recovery grouse under section 102(2)(C) of the National Christians worldwide, to grant autocephaly of the greater sage-grouse. Environmental Policy Act of 1969 (42 U.S.C. to the Ukrainian Orthodox Church. (c) PROTECTION AND RECOVERY OF GREATER 4332(2)(C)) shall not have a preclusive effect (c) FORM.—The report required under sub- SAGE-GROUSE.— on the approval or implementation of the section (a) shall be submitted in unclassified (1) ENDANGERED SPECIES ACT OF 1973 FIND- major Federal action in that State. form, but may contain a classified annex. INGS.— (4) REPORTING REQUIREMENT.—Not later SEC. 1299C. REPORT ON INTERFERENCE BY (A) DELAY REQUIRED.—The Secretary of the than 1 year after the date of enactment of OTHER COUNTRIES IN THE EXCLU- Interior may not modify or invalidate the this Act, and annually thereafter through SIVE ECONOMIC ZONE OF CYPRUS finding of the Director of the United States AND AIRSPACE OF GREECE. 2029, the Secretary of the Interior and the Fish and Wildlife Service announced in the Secretary of Agriculture shall jointly submit (a) IN GENERAL.—Not later than 90 days proposed rule entitled ‘‘Endangered and after the date of the enactment of this Act, to the Committee on Energy and Natural Re- Threatened Wildlife and Plants; 12-Month sources of the Senate and the Committee on the Secretary of State, in consultation with Finding on a Petition to List Greater Sage- Natural Resources of the House of Rep- the Secretary of Defense and the Secretary Grouse (Centrocercus urophasianus) as an resentatives a report describing the imple- of Energy, shall submit to the appropriate Endangered or Threatened Species’’ (80 Fed. mentation by the Secretaries of, and the ef- congressional committees a report listing in- Reg. 59858 (October 2, 2015)) during the period fectiveness of, systems to monitor the status cidents of interference in efforts by the Re- beginning on the date of enactment of this of greater sage-grouse on Federal land under public of Cyprus to explore and exploit nat- Act and ending on September 30, 2029. ural resources in its Exclusive Economic the jurisdiction of the Secretaries. (B) EFFECT ON OTHER LAWS.—The delay re- (5) JUDICIAL REVIEW.—Notwithstanding any Zone and violations of the airspace of the quired under subparagraph (A) is and shall other provision of law (including regula- sovereign territory of Greece. remain effective without regard to any other (b) ELEMENTS.—The report required under tions), this subsection, including any deter- statute, regulation, court order, legal settle- subsection (a) shall include the following ele- mination made under paragraph (2)(C), shall ments: ment, or any other provision of law or in equity. not be subject to judicial review. (1) A listing of incidents since January 1, ll FFECT ON CONSERVATION STATUS.—The SEC. . REMOVAL OF ENDANGERED SPECIES 2017, determined by the Secretary of State to (C) E conservation status of the greater sage- STATUS FOR AMERICAN BURYING interfere in efforts by the Republic of Cyprus BEETLE. grouse shall be considered not to warrant to explore and exploit natural resources in Notwithstanding the final rule of the listing of the greater sage-grouse as an en- its Exclusive Economic Zone. United States Fish and Wildlife Service enti- dangered species or threatened species under (2) A listing of incidents since January 1, tled ‘‘Endangered and Threatened Wildlife the Endangered Species Act of 1973 (16 U.S.C. 2017, determined by the Secretary of State to and Plants; Determination of Endangered 1531 et seq.) during the period beginning on be violations of the airspace of Greece by its Status for the American Burying Beetle’’ (54 the date of enactment of this Act and ending neighbors. Fed. Reg. 29652 (July 13, 1989)), the American (c) FORM.—The report required under sub- on September 30, 2029. burying beetle may not be listed as a threat- section (a) shall be submitted in unclassified (2) COORDINATION OF FEDERAL LAND MAN- ened species or an endangered species under form, but may contain a classified annex. AGEMENT AND STATE CONSERVATION AND MAN- the Endangered Species Act of 1973 (16 U.S.C. AGEMENT PLANS.— SEC. 1299D. APPROPRIATE CONGRESSIONAL 1531 et seq.). COMMITTEES. (A) PROHIBITION ON WITHDRAWAL AND MODI- In this subtitle, the term ‘‘appropriate con- FICATION OF FEDERAL RESOURCE MANAGEMENT SA 689. Mr. LEE (for himself and Mr. gressional committees means’’ the Com- PLANS.—On notification by the Governor of a ROMNEY) submitted an amendment in- mittee on Foreign Relations of the Senate State with a State management plan, the tended to be proposed by him to the and the Committee on Foreign Affairs of the Secretary of the Interior and the Secretary bill S. 1790, to authorize appropriations House of Representatives. of Agriculture may not make, modify, or extend any withdrawal or amend or otherwise for fiscal year 2020 for military activi- SA 688. Mr. LEE (for himself, Mr. modify any Federal resource management ties of the Department of Defense, for CRAPO, and Mr. RISCH) submitted an plan applicable to Federal land in the State military construction, and for defense amendment intended to be proposed by in a manner inconsistent with the State activities of the Department of Energy, him to the bill S. 1790, to authorize ap- management plan for, as specified by the to prescribe military personnel propriations for fiscal year 2020 for Governor in the notification, a period of not strengths for such fiscal year, and for military activities of the Department fewer than 5 years beginning on the date of other purposes; which was ordered to the notification. lie on the table; as follows: of Defense, for military construction, (B) RETROACTIVE EFFECT.—In the case of and for defense activities of the De- At the appropriate place, add the fol- any State that provides notification under lowing: partment of Energy, to prescribe mili- subparagraph (A), if any withdrawal was tary personnel strengths for such fiscal SEC. ll. LAND CONVEYANCE, HILL AIR FORCE made, modified, or extended or any amend- BASE, OGDEN, UTAH. year, and for other purposes; which was ment or modification of a Federal resource (a) CONVEYANCE REQUIRED.—The Secretary ordered to lie on the table; as follows: management plan applicable to Federal land of the Air Force may convey, for no mone- At the appropriate place, insert the fol- in the State was issued after June 1, 2014, tary consideration, to the State of Utah or a lowing: and the withdrawal, amendment, or modi- designee of the State of Utah (in this section SEC. ll. GREATER SAGE-GROUSE PROTECTION fication altered the management of the referred to as the ‘‘State’’) all right, title, AND RECOVERY. greater sage-grouse or the habitat of the and interest of the United States in and to a (a) PURPOSES.—The purposes of this section greater sage-grouse— parcel of real property, including improve- are— (i) implementation and operation of the ments thereon, consisting of approximately (1) to facilitate implementation of State withdrawal, amendment, or modification 35 acres located at Hill Air Force Base com- management plans over a period of multiple, shall be stayed to the extent that the with- monly known as the ‘‘Defense Nontactical consecutive greater sage-grouse life cycles; drawal, amendment, or modification is in- Generator and Rail Center’’ and such real and consistent with the State management plan; property adjacent to the Center as the par- (2) to demonstrate the efficacy of the State and ties consider to be appropriate, for the pur- management plans for the protection and re- (ii) the Federal resource management plan, pose of permitting the State to construct a covery of the greater sage-grouse. as in effect immediately before the with- new interchange for Interstate 15. (b) DEFINITIONS.—In this section: drawal, amendment, or modification, shall (b) CONDITION PRECEDENT.—The convey- (1) FEDERAL RESOURCE MANAGEMENT apply instead with respect to the manage- ance authorized by subsection (a) shall be PLAN.—The term ‘‘Federal resource management of the greater sage-grouse and the contingent upon the relocation of the De- ment plan’’ means— habitat of the greater sage-grouse, to the ex- fense Nontactical Generator and Rail Center.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.078 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3699 (c) TERMINATION AND REENTRY.—If the SA 690. Ms. ERNST (for herself, Mr. Act for Fiscal Year 2020 for the calendar year State does not meet the conditions required PAUL, Mr. CRAMER, and Mr. BRAUN) ending in the fiscal year in which the budget under subsection (d) by the date that is five submitted an amendment intended to is submitted.’’. years after the date of the conveyance au- be proposed by her to the bill S. 1790, to thorized by subsection (a), the Secretary of SA 691. Mr. INHOFE (for himself and the Air Force may terminate such convey- authorize appropriations for fiscal year Mr. REED) submitted an amendment in- ance and reenter the property. 2020 for military activities of the De- partment of Defense, for military con- tended to be proposed by him to the (d) CONSIDERATION AND CONDITIONS OF CON- struction, and for defense activities of bill S. 1790, to authorize appropriations VEYANCE.—In consideration of and as a con- for fiscal year 2020 for military activi- dition to the conveyance authorized by sub- the Department of Energy, to prescribe section (a), the State shall agree to the fol- military personnel strengths for such ties of the Department of Defense, for lowing: fiscal year, and for other purposes; military construction, and for defense (1) Not later than two years after the con- which was ordered to lie on the table; activities of the Department of Energy, veyance, the State shall, at no cost to the as follows: to prescribe military personnel United States Government— At the end of subtitle H of title X, add the strengths for such fiscal year, and for (A) demolish all improvements and associ- following: other purposes; which was ordered to ated infrastructure existing on the property; SEC. 1086. ANNUAL REPORTS ON FEDERAL lie on the table; as follows: and PROJECTS THAT ARE OVER BUDGET (B) conduct environmental cleanup and re- At the end of subtitle A of title IX, add the AND BEHIND SCHEDULE. following: mediation of the property, as required by law (a) DEFINITIONS.—In this section: and approved by the Utah Department of En- (1) The term ‘‘covered agency’’ means— SEC. 906. ALLOCATION OF FORMER RESPON- vironmental Quality, for the planned rede- (A) an Executive agency, as defined in sec- SIBILITIES OF THE UNDER SEC- RETARY OF DEFENSE FOR ACQUISI- velopment and use of the property. tion 105 of title 5, United States Code; and (2) Not later than three years after the TION, TECHNOLOGY, AND LOGIS- (B) an independent regulatory agency, as TICS. completion of the cleanup and remediation defined in section 3502 of title 44, United (a) TITLE 10, UNITED STATES CODE.—Title under paragraph (1)(B), the State, at no cost States Code. 10, United States Code, is amended as fol- to the United States Government, shall con- (2) The term ‘‘project’’ includes any pro- lows: struct on Hill Air Force Base a new gate for gram, project, or activity other than a pro- (1) In section 129a(c)(3), by striking ‘‘The vehicular and pedestrian traffic in and out of gram, project, or activity funded by manda- Under Secretary of Defense for Acquisition, Hill Air Force Base in compliance with all tory spending. Technology, and Logistics’’ and inserting applicable construction and security require- (b) REQUIREMENT.—Not later than 1 year ‘‘The Under Secretary of Defense for Acquisi- ments and such other requirements as the after the date of enactment of this Act, and tion and Sustainment’’. Secretary of the Air Force may consider nec- every year thereafter, the Director of the Of- (2) In section 134(c), by striking ‘‘the Under essary. fice of Management and Budget shall submit Secretary of Defense for Acquisition, Tech- (3) That the State shall coordinate the to Congress and post on the website of the nology, and Logistics’’ and inserting ‘‘the demolition, cleanup, remediation, design, re- Office of Management and Budget a report Under Secretary of Defense for Research and development, and construction activities on each project funded by a covered agency— Engineering, the Under Secretary of Defense performed pursuant to the conveyance under (1) that is more than 5 years behind sched- for Acquisition and Sustainment’’. subsection (a) with the Secretary of the Air ule; or (3) In section 139— Force, the Utah Department of Transpor- (2) for which the amount spent on the (A) in subsection (b)— tation, and the Utah Department of Environ- project is not less than $1,000,000,000 more (i) in the matter preceding paragraph (1), mental Quality. than the original cost estimate for the by striking ‘‘and the Under Secretary of De- project. (e) ENVIRONMENTAL OBLIGATIONS.—The fense for Acquisition, Technology, and Logis- State shall not have any obligation with re- (c) CONTENTS.—Each report submitted and posted under subsection (b) shall include, for tics’’ and inserting ‘‘, the Under Secretary of spect to cleanup and remediation of an envi- Defense for Research and Engineering, and ronmental condition on the property to be each project included in the report— (1) a brief description of the project, in- the Under Secretary of Defense for Acquisi- conveyed under subsection (a) unless the tion and Sustainment’’; and condition was in existence and known before cluding— the date of the conveyance or the State exac- (A) the purpose of the project; (ii) in paragraph (2), by striking ‘‘and the erbates the condition which then requires (B) each location in which the project is Under Secretary of Defense for Acquisition, further remediation. carried out; Technology, and Logistics’’ and inserting ‘‘, (C) the year in which the project was initi- the Under Secretary of Defense for Research (f) PAYMENT OF COSTS OF CONVEYANCE.— ated; and Engineering, the Under Secretary of De- (1) PAYMENT REQUIRED.—The Secretary of (D) the Federal share of the total cost of fense for Acquisition and Sustainment,’’; the Air Force shall require the State to the project; and (B) in subsection (c), by striking ‘‘the cover costs to be incurred by the Secretary, (E) each primary contractor, subcon- Under Secretary of Defense for Acquisition, or to reimburse the Secretary for such costs tractor, grant recipient, and subgrantee re- Technology, and Logistics’’ and inserting incurred, to carry out the conveyance under cipient of the project; ‘‘the Under Secretary of Defense for Re- subsection (a), including survey costs, costs (2) an explanation of any change to the search and Engineering, the Under Secretary for environmental documentation, and other original scope of the project, including by of Defense for Acquisition and administrative costs related to the convey- the addition or narrowing of the initial re- Sustainment,’’; and ance. If amounts are collected from the quirements of the project; (C) in subsection (h)(2), by striking ‘‘the State in advance of the Secretary incurring (3) the original expected date for comple- Under Secretary of Defense for Acquisition, actual costs, and the amount collected ex- tion of the project; Technology, and Logistics’’ and inserting ceeds the costs actually incurred by the Sec- (4) the current expected date for comple- ‘‘the Under Secretary of Defense for Re- retary to carry out the conveyance, the Sec- tion of the project; search and Engineering, the Under Secretary retary shall refund the excess amount to the (5) the original cost estimate for the of Defense for Acquisition and State. project, as adjusted to reflect increases in Sustainment’’. (2) TREATMENT OF AMOUNTS RECEIVED.— the Consumer Price Index for All Urban Con- (4) In section 139a(d)(6), by striking ‘‘the Amounts received as reimbursement under sumers, as published by the Bureau of Labor Under Secretary of Defense for Acquisition, paragraph (1) shall be credited to the fund or Statistics; Technology, and Logistics’’ and inserting account that was used to cover the costs in- (6) the current cost estimate for the ‘‘the Under Secretary of Defense for Re- curred by the Secretary in carrying out the project, as adjusted to reflect increases in search and Engineering, the Under Secretary conveyance under subsection (a) or to an ap- the Consumer Price Index for All Urban Con- of Defense for Acquisition and propriate fund or account currently avail- sumers, as published by the Bureau of Labor Sustainment,’’. able to the Secretary for the purposes for Statistics; (5) In section 171(a)— which the costs were paid. Amounts so cred- (7) an explanation for a delay in comple- (A) by striking paragraphs (3) and (8); ited shall be merged with amounts in such tion or increase in the original cost estimate (B) by redesignating paragraphs (4), (5), (6), fund or account and shall be available for the for the project; and (7), (9), (10), (11), (12), and (13) as paragraphs same purposes, and subject to the same con- (8) the amount of and rationale for any (5), (6), (7), (8), (11), (12), (13), (14), and(15), re- ditions and limitations, as amounts in such award, incentive fee, or other type of bonus, spectively; fund or account. if any, awarded for the project. (C) by inserting after paragraph (2) the fol- (g) DESCRIPTION OF PROPERTY.—The exact (d) SUBMISSION WITH BUDGET.—Section lowing new paragraphs: acreage and legal description of the property 1105(a) of title 31, United States Code, is ‘‘(3) the Under Secretary of Defense for Re- to be conveyed under subsection (a) shall be amended by adding at the end the following: search and Engineering; determined by a survey satisfactory to the ‘‘(40) the report required under section ‘‘(4) the Under Secretary of Defense of Ac- Secretary of the Air Force and the State. 1086(b) of the National Defense Authorization quisition and Sustainment;’’; and

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.092 S18JNPT1 S3700 CONGRESSIONAL RECORD — SENATE June 18, 2019 (D) by inserting after paragraph (8), as re- (17) In section 1741(b), by striking ‘‘The neering’’ and inserting ‘‘the Under Secretary designated by subparagraph (B), the fol- Under Secretary of Defense for Acquisition, of Defense for Research and Engineering, and lowing new paragraphs: Technology, and Logistics’’ and inserting the Under Secretary of Defense for Acquisi- ‘‘(9) the Deputy Under Secretary of Defense ‘‘The Under Secretary of Defense for Acquisi- tion and Sustainment’’. for Research and Engineering; tion and Sustainment’’. (32) In section 2359(b), by striking para- ‘‘(10) the Deputy Under Secretary of De- (18) In section 1746(a), by striking ‘‘the graph (1) and inserting the following new fense for Acquisition and Sustainment;’’. Under Secretary of Defense for Acquisition, paragraph (1): (6) In section 181(d)(1)— Technology, and Logistics’’ and inserting ‘‘(1) The Under Secretary of Defense for (A) by redesignating subparagraphs (D) ‘‘the Under Secretary of Defense for Acquisi- Research and Engineering.’’. through (G) as subparagraphs (E) through tion and Sustainment’’. (33) In section 2359b, by striking ‘‘Under (H), respectively; (19) In section 1748, by striking ‘‘the Under Secretary of Defense for Acquisition, Tech- (B) by striking subparagraph (C); and Secretary of Defense for Acquisition, Tech- nology, and Logistics’’ each place it appears (C) by inserting after subparagraph (B) the nology, and Logistics’’ and inserting ‘‘the and inserting ‘‘Under Secretary of Defense following new subparagraphs: Under Secretary of Defense for Acquisition for Research and Engineering’’. ‘‘(C) The Under Secretary of Defense for and Sustainment’’. (34) In section 2365(d)(3)(A), by striking Research and Engineering. (20) In section 2222, by striking ‘‘Under ‘‘the Under Secretary of Defense for Acquisi- ‘‘(D) The Under Secretary of Defense for Secretary of Defense for Acquisition, Tech- tion, Technology, and Logistics’’ and insert- Acquisition and Sustainment.’’. nology, and Logistics’’ each place it appears ing ‘‘the Under Secretary of Defense for Re- (7) In section 393(b)(2)— and inserting ‘‘Under Secretary of Defense search and Engineering’’. (A) by redesignating subparagraphs (C) for Acquisition and Sustainment’’. (35) In section 2375, by striking ‘‘the Under through (E) as subparagraphs (D) through (21) In section 2272, by striking ‘‘the Assist- Secretary of Defense for Acquisition, Tech- (F), respectively; ant Secretary of Defense for Research and nology, and Logistics’’ each place it appears (B) by striking subparagraph (B); and Engineering’’ and inserting ‘‘the Under Sec- and inserting ‘‘the Under Secretary of De- (C) by inserting after subparagraph (A) the retary of Defense for Research and Engineer- fense for Acquisition and Sustainment’’. following new subparagraphs: ing’’. (36) In section 2399(b)(3)— ‘‘(B) The Under Secretary of Defense for (22) In section 2275(a), by striking ‘‘The (A) by striking ‘‘the Under Secretary of Research and Engineering. Under Secretary of Defense for Acquisition, Defense for Acquisition, Technology, and Lo- ‘‘(C) The Under Secretary of Defense for Technology, and Logistics’’ and inserting gistics’’ and inserting ‘‘the Under Secretary Acquisition and Sustainment.’’. ‘‘The Under Secretary of Defense for Acquisi- of Defense for Research and Engineering, the (8)(A) In section 1702— tion and Sustainment’’. Under Secretary of Defense for Acquisition (i) by striking the heading and inserting (23) In section 2279(d), by striking ‘‘the and Sustainment’’; and the following: Under Secretary of Defense for Acquisition, (B) by striking ‘‘and Under Secretary’’ and ‘‘§ 1702. Under Secretary of Defense for Ac- Technology, and Logistics’’ and inserting ‘‘the Under Secretary of Defense for Acquisi- inserting ‘‘and the Under Secretaries’’. quisition and Sustainment: authorities and (37) In section 2419(a)(1), by striking ‘‘The responsibilities’’; and tion and Sustainment’’. (24) In section 2279b— Under Secretary of Defense for Acquisition, (ii) in the text, by striking ‘‘the Under Sec- (A) in subsection (b)— Technology, and Logistics’’ and inserting retary of Defense for Acquisition, Tech- (i) by redesignating paragraphs (3) through ‘‘The Under Secretary of Defense for Acquisi- nology, and Logistics’’ and inserting ‘‘the (10) as paragraphs (4) through (11), respec- tion and Sustainment’’. Under Secretary of Defense for Acquisition tively; (38) In section 2431a(b), by striking ‘‘the and Sustainment’’. (ii) by striking paragraph (2); and Under Secretary of Defense for Acquisition, (B) The table of sections at the beginning (iii) by inserting after paragraph (1) the Technology, and Logistics’’ and inserting of subchapter I of chapter 87 is amended by following new paragraphs: ‘‘the Under Secretary of Defense for Acquisi- striking the item relating to section 1702 and ‘‘(2) The Under Secretary of Defense for tion and Sustainment’’. inserting the following new item: Research and Engineering. (39) In section 2435, by striking ‘‘the Under ‘‘1702. Under Secretary of Defense for Acqui- ‘‘(3) The Under Secretary of Defense for Secretary of Defense for Acquisition, Tech- sition and Sustainment: au- Acquisition and Sustainment.’’; and nology, and Logistics’’ each place it appears thorities and responsibilities.’’. (B) in subsection (c) by striking ‘‘the and inserting ‘‘the Under Secretary of De- (9) In section 1705, by striking ‘‘Under Sec- Under Secretary of Defense for Acquisition, fense for Acquisition and Sustainment’’. retary of Defense for Acquisition, Tech- Technology, and Logistics’’ and inserting (40) In section 2438(b), by striking ‘‘the nology, and Logistics’’ each place it appears ‘‘the Under Secretary of Defense for Re- Under Secretary of Defense for Acquisition, and inserting ‘‘Under Secretary of Defense search and Engineering, the Under Secretary Technology and Logistics’’ each place it ap- for Acquisition and Sustainment’’. of Defense for Acquisition and pears and inserting ‘‘the Under Secretary of (10) In section 1722, by striking ‘‘the Under Sustainment,’’ Defense for Acquisition and Sustainment’’. Secretary of Defense for Acquisition, Tech- (25) In section 2304, by striking ‘‘the Under (41) In section 2503(b)— nology, and Logistics’’ each place it appears Secretary of Defense for Acquisition, Tech- (A) by striking ‘‘the Under Secretary of and inserting ‘‘the Under Secretary of De- nology, and Logistics’’ each place it appears Defense for Acquisition, Technology, and Lo- fense for Acquisition and Sustainment’’. and inserting ‘‘the Under Secretary of De- gistics’’ and inserting ‘‘the Under Secretary (11) In section 1722a, by striking ‘‘the fense for Acquisition and Sustainment’’. of Defense for Research and Engineering and Under Secretary of Defense for Acquisition, (26) In section 2306b(i)(7), by striking ‘‘of the Under Secretary of Defense for Acquisi- Technology, and Logistics’’ each place it ap- Under Secretary of Defense for Acquisition, tion and Sustainment’’; and pears and inserting ‘‘the Under Secretary of Technology, and Logistics’’ and inserting ‘‘of (B) by striking ‘‘the Under Secretary Defense for Acquisition and Sustainment’’. Under Secretary of Defense for Acquisition shall’’ and inserting ‘‘the Under Secretaries (12) In section 1722b(a), by striking ‘‘the and Sustainment’’. shall’’. Under Secretary of Defense for Acquisition, (27) In section 2311(c), by striking ‘‘the (42) In section 2508(b), by striking ‘‘the Technology, and Logistics’’ and inserting Under Secretary of Defense for Acquisition, Under Secretary of Defense for Acquisition, ‘‘the Under Secretary of Defense for Acquisi- Technology, and Logistics’’ each place it ap- Technology, and Logistics, acting through tion and Sustainment’’. pears and inserting ‘‘the Under Secretary of the Deputy Assistant Secretary of Defense (13) In section 1723, by striking ‘‘the Under Defense for Acquisition and Sustainment’’. for Manufacturing and Industrial Base Pol- Secretary of Defense for Acquisition, Tech- (28) In section 2326(g), by striking ‘‘the icy’’ and inserting ‘‘the Under Secretary of nology, and Logistics’’ each place it appears Under Secretary of Defense for Acquisition, Defense for Acquisition and Sustainment’’. and inserting ‘‘the Under Secretary of De- Technology, and Logistics’’ and inserting (43) In section 2521, by striking ‘‘Under fense for Acquisition and Sustainment’’. ‘‘the Under Secretary of Defense for Acquisi- Secretary of Defense for Acquisition, Tech- (14) In section 1725(e)(2), by striking ‘‘the tion and Sustainment’’. nology, and Logistics’’ each place it appears Under Secretary of Defense for Acquisition, (29) In section 2330, by striking ‘‘Under and inserting ‘‘Under Secretary of Defense Technology, and Logistics’’ and inserting Secretary of Defense for Acquisition, Tech- for Research and Engineering’’. ‘‘the Under Secretary of Defense for Acquisi- nology, and Logistics’’ each place it appears (44) In section 2533b(k)(2)(A), by striking tion and Sustainment’’. and inserting ‘‘Under Secretary of Defense ‘‘the Under Secretary of Defense for Acquisi- (15) In section 1735(c)(1), by striking ‘‘the for Acquisition and Sustainment’’. tion, Technology, and Logistics’’ and insert- Under Secretary of Defense for Acquisition, (30) In section 2334, by striking ‘‘Under ing ‘‘the Under Secretary of Defense for Ac- Technology, and Logistics’’ and inserting Secretary of Defense for Acquisition, Tech- quisition and Sustainment’’. ‘‘the Under Secretary of Defense for Acquisi- nology, and Logistics’’ each place it appears (45) In section 2546— tion and Sustainment’’. and inserting ‘‘Under Secretary of Defense (A) in the heading of subsection (a), by (16) In section 1737(c), by striking ‘‘the for Acquisition and Sustainment’’. striking ‘‘UNDER SECRETARY OF DEFENSE FOR Under Secretary of Defense for Acquisition, (31) In section 2350a(b)(2), by striking ‘‘the ACQUISITION, TECHNOLOGY, AND LOGISTICS’’ Technology, and Logistics’’ and inserting Under Secretary of Defense for Acquisition, and inserting ‘‘UNDER SECRETARY OF DE- ‘‘the Under Secretary of Defense for Acquisi- Technology, and Logistics, and the Assistant FENSE FOR ACQUISITION AND SUSTAINMENT’’; tion and Sustainment’’. Secretary of Defense for Research and Engi- and

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.081 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3701 (B) by striking ‘‘the Under Secretary of inserting ‘‘the Under Secretary of Defense (A) in subsection (b)(2)— Defense for Acquisition, Technology, and Lo- for Research and Engineering’’. (i) by redesignating subparagraphs (B) gistics’’ each place it appears and inserting (F) In section 1689(d) (130 Stat. 2631), by through (H) as subparagraphs (C) through (I), ‘‘the Under Secretary of Defense for Acquisi- striking ‘‘the Under Secretary of Defense for respectively; tion and Sustainment’’. Acquisition, Technology, and Logistics’’ and (ii) by striking subparagraph (A); and (46) In section 2548, by striking ‘‘the Under inserting ‘‘the Under Secretary of Defense (iii) by inserting before subparagraph (C), Secretary of Defense for Acquisition, Tech- for Research and Engineering’’. as redesignated by clause (i), the following nology, and Logistics’’ each place it appears (4) PUBLIC LAW 114–92.—The National De- new subparagraphs: and inserting ‘‘the Under Secretary of De- fense Authorization Act for Fiscal Year 2016 ‘‘(A) The Office of the Under Secretary of fense for Acquisition and Sustainment’’. (Public Law 114–92) is amended as follows: Defense for Research and Engineering. (47) In section 2902(b)— (A) In section 131 (129 Stat. 754), by strik- ‘‘(B) The Office of the Under Secretary of (A) by striking paragraph (1) and inserting ing ‘‘the Under Secretary of Defense for Ac- Defense for Acquisition and Sustainment.’’; the following new paragraph (1): quisition, Technology, and Logistics’’ each and ‘‘(1) The official within the Office of the place it appears and inserting ‘‘the Under (B) in subsection (c)(5), in the flush matter Under Secretary of Defense for Research and Secretary of Defense for Acquisition and following subparagraph (B), by striking ‘‘the Engineering who is responsible for science Sustainment’’. Under Secretary of Defense for Acquisition, and technology.’’; (B) In section 856(a)(2)(B) (10 U.S.C. 2377 Technology, and Logistics certifies to the (B) by redesignating paragraphs (4) note), by striking ‘‘the Office of the Under congressional defense committees, and in- through (9) as paragraphs (5) through (10), re- Secretary of Defense for Acquisition, Tech- cludes’’ and inserting ‘‘the Under Secretary spectively; nology, and Logistics’’ and inserting ‘‘the Of- of Defense for Research and Engineering and (C) by striking paragraph (3); and fice of the Under Secretary of Defense for the Under Secretary of Defense for Acquisi- (D) by inserting after paragraph (2) the fol- Acquisition and Sustainment’’. tion and Sustainment jointly certify to the lowing new paragraphs: (C) In section 1111(b)(1) (10 U.S.C. 1701 congressional defense committees, and in- ‘‘(3) The official within the Office of the note), by striking ‘‘the Under Secretary of clude’’. Under Secretary of Defense for Research and Defense for Acquisition, Technology, and Lo- (10) PUBLIC LAW 110–181.—The National De- Engineering who is responsible for environ- gistics’’ and inserting ‘‘the Under Secretary fense Authorization Act for Fiscal Year 2008 mental security. of Defense for Acquisition and (Public Law 110–181) is amended as follows: ‘‘(4) The official within the Office of the Sustainment’’. (A) In section 231(a) (10 U.S.C. 1701 note), Under Secretary of Defense for Acquisition (D) In section 1675(a) (129 Stat. 1131), by by striking ‘‘the Under Secretary of Defense and Sustainment who is responsible for envi- striking ‘‘The Under Secretary of Defense for for Acquisition, Technology, and Logistics’’ ronmental security.’’. Acquisition, Technology, and Logistics’’ and and inserting ‘‘the Under Secretary of De- (48) In section 2926(e)(5)(D), by striking inserting ‘‘The Under Secretary of Defense fense for Acquisition and Sustainment’’. ‘‘the Under Secretary of Defense for Acquisi- for Research and Engineering’’. (B) In section 802(a)(3)(C) (10 U.S.C. 2410p tion, Technology, and Logistics’’ and insert- (5) PUBLIC LAW 113–291.—Section 852 of the note), by striking ‘‘the Under Secretary of ing ‘‘the Under Secretary of Defense for Ac- Carl Levin and Howard P. ‘‘Buck’’ McKeon Defense for Acquisition, Technology, and Lo- quisition and Sustainment’’. National Defense Authorization Act for Fis- gistics’’ and inserting ‘‘the Under Secretary (b) NATIONAL DEFENSE AUTHORIZATION cal Year 2015 (10 U.S.C. 2302 note) is amended of Defense for Acquisition and ACTS.— by striking ‘‘The Under Secretary of Defense Sustainment’’. (1) PUBLIC LAW 115–232.—Section 338 of the for Acquisition, Technology, and Logistics’’ (C) In section 821(a) (10 U.S.C. 2304 note), John S. McCain National Defense Authoriza- and inserting ‘‘The Under Secretary of De- by striking ‘‘The Under Secretary of Defense tion Act for Fiscal Year 2019 (Public Law fense for Acquisition and Sustainment’’. for Acquisition, Technology, and Logistics’’ 115–232; 132 Stat. 1728) is amended by striking (6) PUBLIC LAW 112–239.—Section 157(c) of the and inserting ‘‘The Under Secretary of De- ‘‘the Under Secretary of Defense for Acquisi- National Defense Authorization Act for Fis- fense for Acquisition and Sustainment’’. tion, Technology, and Logistics’’ and insert- cal Year 2013 (Public law 112–239; 126 Stat. (D) In section 2864 (10 U.S.C. 2911 note), by ing ‘‘the Under Secretary of Defense for Ac- 1668) is amended by striking ‘‘The Under Sec- striking ‘‘the Under Secretary of Defense for quisition and Sustainment’’. retary of Defense for Acquisition, Tech- Acquisition, Technology, and Logistics’’ (2) PUBLIC LAW 115–91.—Section 136(a)(1) of nology, and Logistics’’ and inserting ‘‘The each place it appears and inserting ‘‘the the National Defense Authorization Act for Under Secretary of Defense for Acquisition Under Secretary of Defense for Acquisition Fiscal Year 2018 (Public Law 115–91; 131 Stat. and Sustainment’’. and Sustainment’’. 1317) is amended by striking ‘‘the Under Sec- (7) PUBLIC LAW 112–81.—The National De- (c) RECOMMENDATIONS FOR LEGISLATIVE AC- retary of Defense for Acquisition, Tech- fense Authorization Act for Fiscal Year 2012 TION.—Not later than 14 days after the Presi- nology, and Logistics’’ and inserting ‘‘the (Public Law 112–81) is amended as follows: dent submits to Congress the budget for fis- Under Secretary of Defense for Acquisition (A) In section 144 (125 Stat. 1325)— cal year 2021 pursuant to section 1105 of title and Sustainment’’. (i) in subsection (a), by striking ‘‘the 31, United States Code, the Under Secretary (3) PUBLIC LAW 114–328.—The National De- Under Secretary of Defense for Acquisition, of Defense (Comptroller) shall submit to the fense Authorization Act for Fiscal Year 2017 Technology, and Logistics’’ and inserting congressional defense committees such rec- (Public Law 114–328) is amended as follows: ‘‘the Under Secretary of Defense for Acquisi- ommendations for legislative action as the (A) In section 829(b) (10 U.S.C. 2306 note), tion and Sustainment’’; and Under Secretary considers appropriate to by striking ‘‘the Under Secretary of Defense (ii) in subsection (b)(4), by striking ‘‘the implement the recommendations of the re- for Acquisition, Technology, and Logistics’’ Assistant Secretary of Defense for Research port required by section 901 of the John S. and inserting ‘‘the Under Secretary of De- and Engineering’’ and inserting ‘‘the Under McCain National Defense Authorization Act fense for Acquisition and Sustainment’’. Secretary of Defense for Research and Engi- for Fiscal Year 2019 (Public Law 115–232; 132 (B) In section 874(b)(1) (10 U.S.C. 2375 note), neering’’. Stat. 1920). by striking ‘‘the Under Secretary of Defense (B) In section 836(a)(2) (22 U.S.C. 2767 note), for Acquisition, Technology, and Logistics’’ by striking ‘‘the Under Secretary of Defense SA 692. Mr. TILLIS submitted an and inserting ‘‘the Under Secretary of De- for Acquisition, Technology, and Logistics, amendment intended to be proposed by fense for Acquisition and Sustainment’’. the Assistant Secretary of Defense for Re- him to the bill S. 1790, to authorize ap- (C) In section 875 (10 U.S.C. 2305 note)— search and Engineering,’’ and inserting ‘‘the propriations for fiscal year 2020 for (i) in subsections (b), (c), (e), and (f), by Under Secretary of Defense for Research and military activities of the Department striking ‘‘Under Secretary of Defense for Ac- Engineering, the Under Secretary of Defense of Defense, for military construction, quisition, Technology, and Logistics’’ each for Acquisition and Sustainment,’’. and for defense activities of the De- place it appears and inserting ‘‘Under Sec- (C) In section 838(2)(B) (125 Stat. 1509), by partment of Energy, to prescribe mili- retary of Defense for Acquisition and striking ‘‘the Under Secretary of Defense for Sustainment’’; and Acquisition, Technology, and Logistics’’ and tary personnel strengths for such fiscal (ii) in subsection (d), by striking ‘‘The inserting ‘‘the Under Secretary of Defense year, and for other purposes; which was Under Secretary of Defense for Acquisition, for Acquisition and Sustainment’’. ordered to lie on the table; as follows: Technology, and Logistics’’ and inserting (8) PUBLIC LAW 111–383.—Section 882(b) of the At the end of subtitle G of title XII, add ‘‘The Under Secretary of Defense for Re- Ike Skelton National Defense Authorization the following: search and Engineering’’. Act for Fiscal Year 2011 (10 U.S.C. 2222 note) SEC. 1290. NORTH ATLANTIC TREATY ORGANIZA- (D) In section 898(a)(2)(A) (10 U.S.C. 2302 is amended by striking ‘‘The Under Sec- TION JOINT FORCES COMMAND. note), by striking ‘‘the Under Secretary of retary of Defense for Acquisition, Tech- (a) IN GENERAL.—Subchapter II of chapter Defense for Acquisition, Technology, and Lo- nology, and Logistics’’ and inserting ‘‘The 16 of title 10, United States Code, is amended gistics’’ and inserting ‘‘the Under Secretary Under Secretary of Defense for Acquisition by adding at the end the following new sec- of Defense for Acquisition and and Sustainment’’. tion: Sustainment’’. (9) PUBLIC LAW 110–417.—Section 814 of the ‘‘§ 314 North Atlantic Treaty Organization (E) In section 1652(a) (130 Stat. 2609), by Duncan Hunter National Defense Authoriza- Joint Forces Command striking ‘‘the Under Secretary of Defense for tion Act for Fiscal Year 2009 (Public Law ‘‘(a) AUTHORIZATION.—The Secretary of De- Acquisition, Technology, and Logistics’’ and 110–417; 122 Stat. 4528) is amended— fense shall authorize the establishment of,

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.081 S18JNPT1 S3702 CONGRESSIONAL RECORD — SENATE June 18, 2019 and the participation by members of the (i) a public water system (as defined in sec- perfluoroalkyl or polyfluoroalkyl sub- armed forces in, the North Atlantic Treaty tion 1401 of the Safe Drinking Water Act (42 stances. Organization Joint Forces Command (in this U.S.C. 300f)); and (B) SIGNIFICANT NEW USE RULE.—The date section referred to as the ‘Joint Forces Com- (ii) a publicly owned treatment works (as on which the Administrator finalizes a sig- mand’), to be established in the United defined in section 212 of the Federal Water nificant new use rule under subsection (a)(2) States. Pollution Control Act (33 U.S.C. 1292)); or of section 5 of the Toxic Substances Control ‘‘(b) USE OF DEPARTMENT OF DEFENSE FA- (B) a State, local, or Tribal government. Act (15 U.S.C. 2604), except a significant new CILITIES AND EQUIPMENT.—The Secretary At the end of division A, add the following: use rule promulgated in connection with an may use facilities and equipment of the De- TITLE XVII—PFAS RELEASE DISCLOSURE, order issued under subsection (e) of that sec- partment of Defense to support the Joint DETECTION, AND SAFE DRINKING tion, for the perfluoroalkyl or Forces Command. WATER ASSISTANCE polyfluoroalkyl substance or class of ‘‘(c) AVAILABILITY OF FUNDS.—Amounts ap- SEC. 1701. DEFINITION OF ADMINISTRATOR. perfluoroalkyl or polyfluoroalkyl sub- propriated to the Department of Defense for In this title, the term ‘‘Administrator’’ stances. fiscal year 2020 shall be available to carry means the Administrator of the Environ- (C) ADDITION TO EXISTING SIGNIFICANT NEW out the purposes of this section.’’. mental Protection Agency. USE RULE.—The date on which the (b) CONFORMING AMENDMENT.—The table of Subtitle A—PFAS Release Disclosure perfluoroalkyl or polyfluoroalkyl substance sections at the beginning of subchapter II of or class of perfluoroalkyl or polyfluoroalkyl chapter 16 of title 10, United States Code, is SEC. 1711. ADDITIONS TO TOXICS RELEASE IN- VENTORY. substances is added to a list of substances amended by adding at the end the following (a) DEFINITION OF TOXICS RELEASE INVEN- covered by a significant new use rule pre- new item: TORY.—In this section, the term ‘‘toxics re- viously promulgated under subsection (a)(2) ‘‘314. North Atlantic Treaty Organization lease inventory’’ means the toxics release in- of section 5 of the Toxic Substances Control Joint Forces Command.’’. ventory under section 313(c) of the Emer- Act (15 U.S.C. 2604), except a significant new gency Planning and Community Right-To- use rule promulgated in connection with an SA 693. Mr. ROMNEY (for himself Know Act of 1986 (42 U.S.C. 11023(c)). order issued under subsection (e) of that sec- and Mr. CORNYN) submitted an amend- (b) IMMEDIATE INCLUSION.— tion. ment intended to be proposed by him (1) IN GENERAL.—Subject to subsection (e), (D) ADDITION AS ACTIVE CHEMICAL SUB- to the bill S. 1790, to authorize appro- beginning January 1 of the calendar year fol- STANCE.—The date on which the priations for fiscal year 2020 for mili- lowing the date of enactment of this Act, the perfluoroalkyl or polyfluoroalkyl substance following chemicals shall be deemed to be in- or class of perfluoroalkyl or polyfluoroalkyl tary activities of the Department of cluded in the toxics release inventory: substances that is on a list of substances Defense, for military construction, and (A) Perfluorooctanoic acid (commonly recovered by a significant new use rule under for defense activities of the Depart- ferred to as ‘‘PFOA’’) (Chemical Abstracts subsection (a)(2) of section 5 of the Toxic ment of Energy, to prescribe military Service No. 335–67–1). Substances Control Act (15 U.S.C. 2604), ex- personnel strengths for such fiscal (B) The salt associated with the chemical cept a significant new use rule promulgated year, and for other purposes; which was described in subparagraph (A) (Chemical Ab- in connection with an order issued under ordered to lie on the table; as follows: stracts Service No. 3825–26–1). subsection (e) of that section, is— (C) Perfluorooctane sulfonic acid (com- (i) added to the inventory under subsection At the appropriate place, insert the fol- monly referred to as ‘‘PFOS’’) (Chemical Ab- (b)(1) of section 8 of the Toxic Substances lowing: stracts Service No. 1763–23–1). Control Act (15 U.S.C. 2607) and designated as SEC. 2. PERMANENT AUTHORIZATION OF E– (D) The salts associated with the chemical an active chemical substance under sub- VERIFY. described in subparagraph (C) (Chemical Ab- section (b)(5)(A) of that section; or (a) SHORT TITLE.—This section may be stract Service Nos. 45298–90–6, 29457–72–5, (ii) designated as an active chemical sub- cited as the ‘‘Permanent E-Verify Act’’. 56773–42–3, 29081–56–9, 4021–47–0, 111873–33–7, stance on the inventory in accordance with (b) PERMANENT AUTHORIZATION OF E– and 91036–71–4). subsection (b)(5)(B) of that section. VERIFY.—Section 401 of the Illegal Immigra- (E) A perfluoroalkyl or polyfluoroalkyl (2) THRESHOLD FOR REPORTING.— tion Reform and Immigrant Responsibility substance or class of perfluoroalkyl or (A) IN GENERAL.—Subject to subparagraph Act of 1996 (8 U.S.C. 1324a note) is amended— polyfluoroalkyl substances that is— (B), the threshold for reporting under section (1) by amending the section heading to (i) listed as an active chemical substance 313(f)(1) of the Emergency Planning and read as follows: ‘‘E–VERIFY PROGRAM’’; and in the February 2019 update to the inventory Community Right-To-Know Act of 1986 (42 (2) in subsection (b)— under section 8(b)(1) of the Toxic Substances U.S.C. 11203(f)(1)) the substances and classes (A) in the subsection heading, by striking Control Act (15 U.S.C. 2607(b)(1)); and of substances included in the toxics release ‘‘; TERMINATION’’; and (ii) on the date of enactment of this Act, inventory under paragraph (1) is 100 pounds. (B) by striking ‘‘Unless the Congress other- subject to the provisions of— (B) REVISIONS.—Not later than 5 years wise provides, the Secretary of Homeland Se- (I) section 721.9582 of title 40, Code of Fed- after the date of enactment of this Act, the curity shall terminate a pilot program on eral Regulations; or Administrator shall— September 30, 2015.’’. (II) section 721.10536 of title 40, Code of (i) determine whether revision of the Federal Regulations. thresholds under subparagraph (A) is war- Mrs. CAPITO (for herself, Mr. SA 694. (2) THRESHOLD FOR REPORTING.— ranted; and CARPER, Mr. BARRASSO, Mr. SULLIVAN, (A) IN GENERAL.—Subject to subparagraph (ii) if the Administrator determines a revi- Mrs. SHAHEEN, Mr. GARDNER, Mrs. (B), the threshold for reporting the chemi- sion to be warranted under clause (i), ini- GILLIBRAND, Mr. BLUMENTHAL, Mr. cals described in paragraph (1) under section tiate a revision under section 313(f)(2) of the 313(f)(1) of the Emergency Planning and TOOMEY, and Mr. JONES) submitted an Emergency Planning and Community Right- amendment intended to be proposed by Community Right-To-Know Act of 1986 (42 To-Know Act of 1986 (42 U.S.C. 11023(f)(2)). U.S.C. 11023(f)(1)) is 100 pounds. her to the bill S. 1790, to authorize ap- (B) REVISIONS.—Not later than 5 years (d) INCLUSION FOLLOWING DETERMINATION.— propriations for fiscal year 2020 for after the date of enactment of this Act, the (1) IN GENERAL.—To the extent not already military activities of the Department Administrator shall— subject to subsection (b), not later than 2 of Defense, for military construction, (i) determine whether revision of the years after the date of enactment of this and for defense activities of the De- threshold under subparagraph (A) is war- Act, the Administrator shall determine partment of Energy, to prescribe mili- ranted; and whether the substances and classes of sub- tary personnel strengths for such fiscal (ii) if the Administrator determines a revi- stances described in paragraph (2) meet the criteria described in section 313(d)(2) of the year, and for other purposes; which was sion to be warranted under clause (i), initiate a revision under section 313(f)(2) of the Emergency Planning and Community Right- ordered to lie on the table; as follows: Emergency Planning and Community Right- To-Know Act of 1986 (42 U.S.C. 11023(d)(2)) for In section 318(a), add at the end the fol- To-Know Act of 1986 (42 U.S.C. 11023(f)(2)). inclusion in the toxics release inventory. lowing: (c) INCLUSION FOLLOWING ASSESSMENT.— (2) SUBSTANCES DESCRIBED.—The sub- (3) OTHER AUTHORITY.—In addition to the (1) IN GENERAL.—Subject to subsection (e), stances and classes of substances referred to requirements under paragraph (1), when oth- a perfluoroalkyl or polyfluoroalkyl sub- in paragraph (1) are perfluoroalkyl and erwise authorized to expend funds for the stance or class of perfluoroalkyl or polyfluoroalkyl substances and classes of purpose of addressing ground or surface polyfluoroalkyl substances shall be auto- perfluoroalkyl and polyfluoroalkyl sub- water contaminated by a perfluorinated matically included in the toxics release instances, including— compound, the Secretary of Defense may, to ventory beginning January 1 of the calendar (A) hexafluoropropylene oxide dimer acid expend those funds, enter into a grant agree- year after any of the following dates: (Chemical Abstracts Service No. 13252–13–6); ment, cooperative agreement, or contract (A) ESTABLISHMENT OF TOXICITY VALUE.— (B) the compounds associated with the with— The date on which the Administrator estab- chemical described in subparagraph (A) (A) the local water authority with jurisdic- lishes a toxicity value for the perfluoroalkyl (Chemical Abstracts Service Nos. 62037–80–3 tion over the contamination site, including— or polyfluoroalkyl substance or class of and 2062–98–8);

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(C) perfluoro[(2-pentafluoroethoxy- (f) EMERGENCY PLANNING AND COMMUNITY to extrapolate reasoned conclusions regard- ethoxy)acetic acid] ammonium salt (Chem- RIGHT-TO-KNOW ACT OF 1986.—Section 313(c) ing the health risks and effects of a class of ical Abstracts Service No. 908020–52–0); of the Emergency Planning and Community perfluoroalkyl or polyfluoroalkyl substances (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) of which the specific perfluoroalkyl or hexafluoro)-2-(trifluoromethoxy) propanoyl is amended— polyfluoroalkyl substances are a part. fluoride (Chemical Abstracts Service No. (1) by striking the period at the end and in- ‘‘(vi) REGULATION OF ADDITIONAL SUB- 2479–75–6); serting ‘‘; and’’; STANCES.— (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- (2) by striking ‘‘are those chemicals’’ and ‘‘(I) DETERMINATION.—The Administrator hexafluoro)-2-(trifluoromethoxy) propionic inserting the following: ‘‘are— shall make a determination under paragraph acid (Chemical Abstracts Service No. 2479–73– ‘‘(1) the chemicals’’; and (1)(A), using the criteria described in clauses 4); (3) by adding at the end the following: (i) through (iii) of that paragraph, whether (F) 3H-perfluoro-3-[(3-methoxy-propoxy) ‘‘(2) the chemicals included under sub- to include a perfluoroalkyl or propanoic acid] (Chemical Abstracts Service sections (b)(1), (c)(1), and (d)(3) of section polyfluoroalkyl substance or class of No. 919005–14–4); 1711 of the National Defense Authorization perfluoroalkyl or polyfluoroalkyl substances (G) the salts associated with the chemical Act for Fiscal Year 2020.’’. in the national primary drinking water regu- described in subparagraph (F) (Chemical Ab- Subtitle B—Drinking Water lation under clause (i) not later than 18 stracts Service Nos. 958445–44–8, 1087271–46–2, months after the later of— and NOCASl892452); SEC. 1721. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR PFAS. ‘‘(aa) the date on which the perfluoroalkyl (H) 1-octanesulfonic acid Section 1412(b)(2) of the Safe Drinking or polyfluoroalkyl substance or class of 3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium Water Act (42 U.S.C. 300g–1(b)(2)) is amended perfluoroalkyl or polyfluoroalkyl substances salt (Chemical Abstracts Service No. 59587– by adding at the end the following: is listed on the list of contaminants for con- 38–1); ‘‘(D) PERFLUOROALKYL AND sideration of regulation under paragraph (I) perfluorobutanesulfonic acid (Chemical POLYFLUOROALKYL SUBSTANCES.— (1)(B)(i); and Abstracts Service No. 375–73–5); ‘‘(i) IN GENERAL.—Not later than 2 years ‘‘(bb) the date on which— (J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4- after the date of enactment of this subpara- ‘‘(AA) the Administrator has received the nonafluoro-potassium salt (Chemical Ab- graph, the Administrator shall promulgate a results of monitoring under section stracts Service No. 29420–49–3); 1445(a)(2)(B) for the perfluoroalkyl or (K) the component associated with the national primary drinking water regulation for perfluoroalkyl and polyfluoroalkyl sub- polyfluoroalkyl substance or class of chemical described in subparagraph (J) perfluoroalkyl or polyfluoroalkyl substance; (Chemical Abstracts Service No. 45187–15–3); stances, which shall, at a minimum, include standards for— or (L) heptafluorobutyric acid (Chemical Ab- ‘‘(BB) the Administrator has received fin- ‘‘(I) perfluorooctanoic acid (commonly re- stracts Service No. 375–22–4); ished water data or finished water moni- ferred to as ‘PFOA’); and (M) perfluorohexanoic acid (Chemical Ab- toring surveys for the perfluoroalkyl or ‘‘(II) perfluorooctane sulfonic acid (com- stracts Service No. 307–24–4); polyfluoroalkyl substance or class of monly referred to as ‘PFOS’). (N) each perfluoroalkyl or polyfluoroalkly perfluoroalkyl or polyfluoroalkyl substances substance or class of perfluoroalkyl or ‘‘(ii) ALTERNATIVE PROCEDURES.— from a Federal or State agency that the Ad- polyfluoroalkyl substances for which a meth- ‘‘(I) IN GENERAL.—Not later than 1 year ministrator determines to be sufficient to od to measure levels in drinking water has after the validation by the Administrator of make a determination under paragraph been validated by the Administrator; and an equally effective quality control and test- (1)(A). ing procedure to ensure compliance with (O) a perfluoroalkyl and polyfluoroalkyl ‘‘(II) PRIMARY DRINKING WATER REGULA- that national primary drinking water regu- substance or class of perfluoroalkyl or TIONS.— lation to measure the levels described in sub- polyfluoroalkyl substances other than the ‘‘(aa) IN GENERAL.—For each perfluoroalkyl chemicals described in subparagraphs (A) clause (II) or other methods to detect and or polyfluoroalkyl substance or class of through (N) that is used to manufacture monitor perfluoroalkyl and polyfluoroalkyl perfluoroalkyl or polyfluoroalkyl substances fluoropolymers, as determined by the Ad- substances in drinking water, the Adminis- that the Administrator determines to regu- ministrator. trator shall add the procedure or method as late under subclause (I), the Administrator— (3) ADDITION TO TOXICS RELEASE INVEN- an alternative to the quality control and ‘‘(AA) not later than 18 months after the TORY.—Subject to subsection (e), if the Ad- testing procedure described in that national date on which the Administrator makes the ministrator determines under paragraph (1) primary drinking water regulation by pub- determination, shall propose a national pri- that a substance or a class of substances de- lishing the procedure or method in the Fed- mary drinking water regulation for the scribed in paragraph (2) meets the criteria eral Register. perfluoroalkyl or polyfluoroalkyl substance described in section 313(d)(2) of the Emer- ‘‘(II) LEVELS DESCRIBED.—The levels re- or class of perfluoroalkyl or polyfluoroalkyl gency Planning and Community Right-To- ferred to in subclause (I) are— substances; and Know Act of 1986 (42 U.S.C. 11023(d)(2)), the ‘‘(aa) the level of a perfluoroalkyl or ‘‘(BB) may publish the proposed national Administrator shall revise the toxics release polyfluoroalkyl substance; primary drinking water regulation described inventory to include that substance or class ‘‘(bb) the total levels of perfluoroalkyl and in subitem (AA) concurrently with the publi- of substances not later than 2 years after the polyfluoroalkyl substances; and cation of the determination to regulate the date on which the Administrator makes the ‘‘(cc) the total levels of organic fluorine. perfluoroalkyl or polyfluoroalkyl substance determination. ‘‘(iii) INCLUSIONS.—The Administrator may or class of perfluoroalkyl or polyfluoroalkyl (e) CONFIDENTIAL BUSINESS INFORMATION.— include a perfluoroalkyl or polyfluoroalkyl substances. (1) IN GENERAL.—Prior to including on the substance or class of perfluoroalkyl or ‘‘(bb) DEADLINE.— toxics release inventory pursuant to sub- polyfluoroalkyl substances on— ‘‘(AA) IN GENERAL.—Not later than 1 year section (b)(1), (c)(1), or (d)(3) any ‘‘(I) the list of contaminants for consider- after the date on which the Administrator perfluoroalkyl or polyfluoroalkyl substance ation of regulation under paragraph (1)(B)(i); publishes a proposed national primary drink- or class of perfluoroalkyl or polyfluoroalkyl and ing water regulation under item (aa)(AA) substances the chemical identity of which is ‘‘(II) the list of unregulated contaminants and subject to subitem (BB), the Adminis- subject to a claim of a person of protection to be monitored under section trator shall take final action on the proposed from disclosure under subsection (a) of sec- 1445(a)(2)(B)(i). national primary drinking water regulation. tion 552 of title 5, United States Code, pursu- ‘‘(iv) MONITORING.—When establishing ‘‘(BB) EXTENSION.—The Administrator, on ant to subsection (b)(4) of that section, the monitoring requirements for public water publication of notice in the Federal Register, Administrator shall— systems as part of a national primary drink- may extend the deadline under subitem (AA) (A) review that claim of protection from ing water regulation under clause (i) or by not more than 6 months. disclosure; and clause (vi)(II), the Administrator shall tailor ‘‘(vii) LIFETIME DRINKING WATER HEALTH (B) require that person to reassert and sub- the monitoring requirements for public ADVISORY.— stantiate or resubstantiate that claim in ac- water systems that do not detect or are reli- ‘‘(I) IN GENERAL.—Subject to subclause (II), cordance with section 14(f) of the Toxic Sub- ably and consistently below the maximum the Administrator shall publish a health ad- stances Control Act (15 U.S.C. 2613(f)). contaminant level (as defined in section visory under paragraph (1)(F) for a (2) NONDISCLOSURE OF PROTECTION INFORMA- 1418(b)(2)(B)) for the perfluoroalkyl or perfluoroalkyl or polyfluoroalkyl substance TION.—If the Administrator determines that polyfluoroalkyl substance or class of or class of perfluoroalkyl or polyfluoroalkyl the chemical identity of a perfluoroalkyl or perfluoroalkyl or polyfluoroalkyl substances substances not later than 1 year after the polyfluoroalkyl substance or class of subject to the national primary drinking later of— perfluoroalkyl or polyfluoroalkyl substances water regulation. ‘‘(aa) the date on which the Administrator qualifies for protection from disclosure ‘‘(v) HEALTH RISK REDUCTION AND COST finalizes a toxicity value for the under paragraph (1), the Administrator shall ANALYSIS.—In meeting the requirements of perfluoroalkyl or polyfluoroalkyl substance include the substance or class of substances, paragraph (3)(C), the Administrator may rely or class of perfluoroalkyl or polyfluoroalkyl as applicable, on the toxics release inventory on information available to the Adminis- substances; and in a manner that does not disclose the pro- trator with respect to 1 or more specific ‘‘(bb) the date on which the Administrator tected information. perfluoroalkyl or polyfluoroalkyl substances validates an effective quality control and

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testing procedure for the perfluoroalkyl or nancial penalties for the violation of a na- (iii) PARTIALLY FLUORINATED CARBON polyfluoroalkyl substance or class of tional primary drinking water regulation (as ATOM.—The term ‘‘partially fluorinated car- perfluoroalkyl or polyfluoroalkyl substance, defined in section 1401 of the Safe Drinking bon atom’’ means a carbon atom on which if such a procedure did not exist on the date Water Act (42 U.S.C. 300f)) with respect to a some, but not all, of the hydrogen on which the toxicity value described in item perfluoroalkyl or polyfluoroalkyl substance substituents have been replaced by fluorine. (aa) was finalized. or class of perfluoroalkyl or polyfluoroalkyl (iv) PERFLUOROALKYL SUBSTANCE.—The ‘‘(II) WAIVER.—The Administrator may substances for which a national primary term ‘‘perfluoroalkyl substance’’ means a waive the requirements of subclause (I) with drinking water regulation has been promul- manmade chemical of which all of the car- respect to a perfluoroalkyl or gated under clause (i) or (vi) of subparagraph bon atoms are fully fluorinated carbon polyfluoroalkyl substance or class of (D) of section 1412(b)(2) of the Safe Drinking atoms. perfluoroalkyl and polyfluoroalkyl sub- Water Act (42 U.S.C. 300g–1(b)(2)) earlier than (v) POLYFLUOROALKYL SUBSTANCE.—The stances if the Administrator determines that the date that is 5 years after the date on term ‘‘polyfluoroalkyl substance’’ means a there is a substantial likelihood that the which the Administrator promulgates the manmade chemical containing a mix of fully perfluoroalkyl or polyfluoroalkyl substance national primary drinking water regulation. fluorinated carbon atoms, partially or class of perfluoroalkyl or polyfluoroalkyl SEC. 1724. DRINKING WATER STATE REVOLVING fluorinated carbon atoms, and substances will not occur in drinking FUNDS. nonfluorinated carbon atoms. water.’’. Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended— SEC. 1732. PERFORMANCE STANDARD FOR THE SEC. 1722. MONITORING AND DETECTION. DETECTION OF PERFLUORINATED (a) MONITORING PROGRAM FOR UNREGU- (1) in subsection (a)(2), by adding at the COMPOUNDS. end the following: LATED CONTAMINANTS.— (a) IN GENERAL.—The Director shall estab- ‘‘(G) EMERGING CONTAMINANTS.— (1) IN GENERAL.—The Administrator shall lish a performance standard for the detection ‘‘(i) IN GENERAL.—Notwithstanding any include each substance described in para- of perfluorinated compounds. other provision of law and subject to clause graph (2) in the fifth publication of the list of (b) EMPHASIS.— (ii), amounts deposited under subsection (t) unregulated contaminants to be monitored (1) IN GENERAL.—In developing the per- in a State loan fund established under this under section 1445(a)(2)(B)(i) of the Safe formance standard under subsection (a), the section may only be used to provide grants Drinking Water Act (42 U.S.C. 300j– Director shall emphasize the ability to de- for the purpose of addressing emerging con- 4(a)(2)(B)(i)). tect as many perfluorinated compounds (2) SUBSTANCES DESCRIBED.—The sub- taminants, with a focus on perfluoroalkyl and polyfluoroalkyl substances. present in the environment as possible using stances referred to in paragraph (1) are analytical methods that— ‘‘(ii) REQUIREMENTS.— perfluoroalkyl and polyfluoroalkyl sub- (A) achieve limits of quantitation (as de- ‘‘(I) SMALL AND DISADVANTAGED COMMU- stances and classes of perfluoroalkyl and fined in the document of the United States polyfluoroalkyl substances— NITIES.—Not less than 25 percent of the amounts described in clause (i) shall be used Geological Survey entitled ‘‘Analytical (A) for which a method to measure the Methods for Chemical Analysis of Geologic level in drinking water has been validated by to provide grants to— ‘‘(aa) disadvantaged communities (as de- and Other Materials, U.S. Geological Sur- the Administrator; and vey’’ and dated 2002); and (B) that are not subject to a national pri- fined in subsection (d)(3)); or ‘‘(bb) public water systems serving fewer (B) are as sensitive as is feasible and prac- mary drinking water regulation under clause ticable. (i) or (vi)(II) of subparagraph (D) of section than 25,000 persons. (2) REQUIREMENT.—In developing the per- 1412(b)(2) of the Safe Drinking Water Act (42 ‘‘(II) PRIORITIES.—In selecting the recipient of a grant using amounts described in formance standard under subsection (a), the U.S.C. 300g–1(b)(2)). Director may— XCEPTION.—The perfluoroalkyl and clause (i), a State shall use the priorities de- (3) E (A) develop quality assurance and quality polyfluoroalkyl substances and classes of scribed in subsection (b)(3)(A). control measures to ensure accurate sam- perfluoroalkyl and polyfluoroalkyl sub- ‘‘(iii) NO INCREASED BONDING AUTHORITY.— pling and testing; stances included in the list of unregulated The amounts deposited in the State loan (B) develop a training program with re- contaminants to be monitored under section fund of a State under subsection (t) may not spect to the appropriate method of sample 1445(a)(2)(B)(i) of the Safe Drinking Water be used as a source of payment of, or secu- collection and analysis of perfluorinated Act (42 U.S.C. 300j–4(a)(2)(B)(i)) under para- rity for (directly or indirectly), in whole or compounds; and graph (1) shall not count towards the limit of in part, any obligation the interest on which (C) coordinate with the Administrator, in- 30 unregulated contaminants to be mon- is exempt from the tax imposed under chap- cluding, if appropriate, coordinating to de- itored by public water systems under that ter 1 of the Internal Revenue Code of 1986.’’; section. (2) in subsection (m)(1), in the matter pre- velop media-specific, validated analytical (b) APPLICABILITY.— ceding subparagraph (A), by striking ‘‘this methods to detect individual and different (1) IN GENERAL.—The Administrator shall— section’’ and inserting ‘‘this section, except perfluorinated compounds simultaneously. (A) require public water systems serving for subsections (a)(2)(G) and (t)’’; and SEC. 1733. NATIONWIDE SAMPLING. more than 10,000 persons to monitor for the (3) by adding at the end the following: (a) IN GENERAL.—The Director shall carry substances described in subsection (a)(2); ‘‘(t) EMERGING CONTAMINANTS.— out a nationwide sampling to determine the (B) subject to paragraph (2) and the avail- ‘‘(1) IN GENERAL.—Amounts made available concentration of perfluorinated compounds ability of appropriations, require public under this subsection shall be allotted to a in estuaries, lakes, streams, springs, wells, water systems serving not fewer than 3,300 State as if allotted under subsection (a)(1)(D) wetlands, rivers, aquifers, and soil using the and not more than 10,000 persons to monitor as a capitalization grant, for deposit into the performance standard developed under sec- for the substances described in subsection State loan fund of the State, for the purposes tion 1732(a). (a)(2); and described in subsection (a)(2)(G). (b) REQUIREMENTS.—In carrying out the (C) subject to paragraph (2) and the avail- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— sampling under subsection (a), the Director ability of appropriations, ensure that only a There is authorized to be appropriated to shall— representative sample of public water sys- carry out this subsection $100,000,000 for each (1) first carry out the sampling at sources tems serving fewer than 3,300 persons are re- of fiscal years 2020 through 2024, to remain of drinking water near locations with known quired to monitor for the substances de- available until expended.’’. or suspected releases of perfluorinated com- scribed in subsection (a)(2). Subtitle C—PFAS Detection pounds; (2) REQUIREMENT.—If the Administrator de- SEC. 1731. DEFINITIONS. (2) when carrying out sampling of sources termines that there is not sufficient labora- In this subtitle: of drinking water under paragraph (1), carry tory capacity to carry out the monitoring (1) DIRECTOR.—The term ‘‘Director’’ means out the sampling prior to any treatment of required under subparagraphs (B) and (C) of the Director of the United States Geological the water; paragraph (1), the Administrator may waive Survey. (3) survey for ecological exposure to the monitoring requirements in those sub- (2) PERFLUORINATED COMPOUND.— perfluorinated compounds, with a priority in paragraphs. (A) IN GENERAL.—The term ‘‘perfluorinated determining direct human exposure through (3) FUNDS.—The Administrator shall pay compound’’ means a perfluoroalkyl sub- drinking water; and the reasonable cost of such testing and lab- stance or a polyfluoroalkyl substance that is (4) consult with— oratory analysis as is necessary to carry out manmade with at least 1 fully fluorinated (A) States to determine areas that are a the monitoring required under paragraph (1) carbon atom. priority for sampling; and from— (B) DEFINITIONS.—In this definition: (B) the Administrator— (A) funds made available under subsection (i) FULLY FLUORINATED CARBON ATOM.—The (i) to enhance coverage of the sampling; (a)(2)(H) or (j)(5) of section 1445 of the Safe term ‘‘fully fluorinated carbon atom’’ means and Drinking Water Act (42 U.S.C. 300j–4); or a carbon atom on which all the hydrogen (ii) to avoid unnecessary duplication. (B) any other funds made available for that substituents have been replaced by fluorine. (c) REPORT.—Not later than 90 days after purpose. (ii) NONFLUORINATED CARBON ATOM.—The the completion of the sampling under sub- SEC. 1723. ENFORCEMENT. term ‘‘nonfluorinated carbon atom’’ means a section (a), the Director shall prepare a re- Notwithstanding any other provision of carbon atom on which no hydrogen port describing the results of the sampling law, the Administrator may not impose fi- substituents have been replaced by fluorine. and submit the report to—

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(1) the Committee on Environment and (ii) the capability and capacity to perform (C) FEDERAL PARTICIPATION.—The agencies Public Works and the Committee on Energy the analysis is available at a Federal facil- referred to in subparagraph (A) include— and Natural Resources of the Senate; ity. (i) the National Science Foundation; (2) the Committee on Energy and Com- (5) WORKING GROUP.—The term ‘‘Working (ii) the National Institutes of Health; merce of the House of Representatives; Group’’ means the Working Group estab- (iii) the Environmental Protection Agency; (3) the Senators of each State in which the lished under section 1742(b)(1). (iv) the National Institute of Standards Director carried out the sampling; and SEC. 1742. RESEARCH AND COORDINATION PLAN and Technology; (4) each Member of the House of Represent- FOR ENHANCED RESPONSE ON (v) the United States Geological Survey; atives that represents a district in which the EMERGING CONTAMINANTS. and Director carried out the sampling. (a) IN GENERAL.—The Administrator (vi) any other Federal agency that contrib- shall— SEC. 1734. DATA USAGE. utes to research in water quality, environ- (1) review Federal efforts— mental exposures, and public health, as de- (a) IN GENERAL.—The Director shall pro- (A) to identify, monitor, and assist in the termined by the Director. vide the sampling data collected under sec- development of treatment methods for (D) PARTICIPATION FROM ADDITIONAL ENTI- tion 1733 to— emerging contaminants; and TIES.—In carrying out subparagraph (A), the (1) the Administrator; and (B) to assist States in responding to the Director shall consult with nongovernmental (2) other Federal and State regulatory human health risks posed by contaminants organizations, State and local governments, agencies on request. of emerging concern; and and science and research institutions deter- (b) USAGE.—The sampling data provided (2) in collaboration with owners and opera- mined by the Director to have scientific or under subsection (a) shall be used to inform tors of public water systems, States, and material interest in the National Emerging and enhance assessments of exposure, likely other interested stakeholders, establish a Contaminant Research Initiative. health and environmental impacts, and re- strategic plan for improving the Federal ef- (2) IMPLEMENTATION OF RESEARCH REC- mediation priorities. forts referred to in paragraph (1). OMMENDATIONS.— SEC. 1735. COLLABORATION. (b) INTERAGENCY WORKING GROUP ON (A) IN GENERAL.—Not later than 1 year EMERGING CONTAMINANTS.— In carrying out this subtitle, the Director after the date on which the Director and (1) IN GENERAL.—Not later than 180 days shall collaborate with— heads of the agencies described in paragraph after the date of enactment of this Act, the (1) appropriate Federal and State regu- (1)(C) establish the National Emerging Con- Administrator and the Secretary of Health lators; taminant Research Initiative under para- and Human Services shall jointly establish a (2) institutions of higher education; graph (1)(A), the head of each agency de- Working Group to coordinate the activities (3) research institutions; and scribed in paragraph (1)(C) shall— of the Federal Government to identify and (4) other expert stakeholders. (i) issue a solicitation for research pro- analyze the public health effects of drinking posals consistent with the Federal research SEC. 1736. AUTHORIZATION OF APPROPRIATIONS. water contaminants of emerging concern. strategy; and There are authorized to be appropriated to (2) MEMBERSHIP.—The Working Group shall (ii) make grants to applicants that submit the Director to carry out this subtitle— include representatives of the following: research proposals selected by the National (1) $5,000,000 for fiscal year 2020; and (A) The Environmental Protection Agency, Emerging Contaminant Research Initiative (2) $10,000,000 for each of fiscal years 2021 appointed by the Administrator. in accordance with subparagraph (B). through 2024. (B) The following agencies, appointed by (B) SELECTION OF RESEARCH PROPOSALS.— Subtitle D—Safe Drinking Water Assistance the Secretary of Health and Human Services: The National Emerging Contaminant Re- (i) The National Institutes of Health. search Initiative shall select research pro- SEC. 1741. DEFINITIONS. (ii) The Centers for Disease Control and posals to receive grants under this paragraph In this subtitle: Prevention. on the basis of merit, using criteria identi- (1) CONTAMINANT.—The term ‘‘contami- (iii) The Agency for Toxic Substances and fied by the Director, including the likelihood nant’’ means any physical, chemical, biologi- Disease Registry. that the proposed research will result in sig- cal, or radiological substance or matter in (C) The United States Geological Survey, nificant progress toward achieving the objec- water. appointed by the Secretary of the Interior. tives identified in the Federal research strat- (2) CONTAMINANT OF EMERGING CONCERN; (D) Any other Federal agency the assist- egy. EMERGING CONTAMINANT.—The terms ‘‘con- ance of which the Administrator determines (C) ELIGIBLE ENTITIES.—Any entity or taminant of emerging concern’’ and ‘‘emerg- to be necessary to carry out this subsection, group of 2 or more entities may submit to ing contaminant’’ mean a contaminant— appointed by the head of the respective agen- the head of each agency described in para- (A) for which the Administrator has not cy. graph (1)(C) a research proposal in response promulgated a national primary drinking (3) EXISTING WORKING GROUP.—The Admin- to the solicitation for research proposals de- water regulation; and istrator may expand or modify the duties of scribed in subparagraph (A)(i), including— (B) that may have an adverse effect on the an existing working group to perform the du- (i) State and local agencies; health of individuals. ties of the Working Group under this sub- (ii) public institutions, including public in- (3) FEDERAL RESEARCH STRATEGY.—The section. stitutions of higher education; term ‘‘Federal research strategy’’ means the (c) NATIONAL EMERGING CONTAMINANT RE- (iii) private corporations; and coordinated cross-agency plan for addressing SEARCH INITIATIVE.— (iv) nonprofit organizations. critical research gaps related to detecting, (1) FEDERAL RESEARCH STRATEGY.— (d) FEDERAL TECHNICAL ASSISTANCE AND assessing exposure to, and identifying the (A) IN GENERAL.—Not later than 180 days SUPPORT FOR STATES.— adverse health effects of emerging contami- after the date of enactment of this Act, the (1) STUDY.— nants in drinking water developed by the Of- Director of the Office of Science and Tech- (A) IN GENERAL.—Not later than 1 year fice of Science and Technology Policy in re- nology Policy (referred to in this subsection after the date of enactment of this Act, the sponse to the report of the Committee on Ap- as the ‘‘Director’’) shall coordinate with the Administrator shall conduct a study on ac- propriations of the Senate accompanying S. heads of the agencies described in subpara- tions the Administrator can take to increase 1662 of the 115th Congress (S. Rept. 115–139). graph (C) to establish a research initiative, technical assistance and support for States (4) TECHNICAL ASSISTANCE AND SUPPORT.— to be known as the ‘‘National Emerging Con- with respect to emerging contaminants in The term ‘‘technical assistance and support’’ taminant Research Initiative’’, that shall— drinking water samples. includes— (i) use the Federal research strategy to im- (B) CONTENTS OF STUDY.—In carrying out (A) assistance with— prove the identification, analysis, moni- the study described in subparagraph (A), the (i) identifying appropriate analytical toring, and treatment methods of contami- Administrator shall identify— methods for the detection of contaminants; nants of emerging concern; and (i) methods and effective treatment op- (ii) understanding the strengths and limi- (ii) develop any necessary program, policy, tions to increase technical assistance and tations of the analytical methods described or budget to support the implementation of support with respect to emerging contami- in clause (i); the Federal research strategy, including nants to States, including identifying oppor- (iii) troubleshooting the analytical meth- mechanisms for joint agency review of re- tunities for States to improve communica- ods described in clause (i); search proposals, for interagency cofunding tion with various audiences about the risks (B) providing advice on laboratory certifi- of research activities, and for information associated with emerging contaminants; cation program elements; sharing across agencies. (ii) means to facilitate access to qualified (C) interpreting sample analysis results; (B) RESEARCH ON EMERGING CONTAMI- contract testing laboratory facilities that (D) providing training with respect to NANTS.—In carrying out subparagraph (A), conduct analyses for emerging contami- proper analytical techniques; the Director shall— nants; and (E) identifying appropriate technology for (i) take into consideration consensus con- (iii) actions to be carried out at existing the treatment of contaminants; and clusions from peer-reviewed, pertinent re- Federal laboratory facilities, including the (F) analyzing samples, if— search on emerging contaminants; and research facilities of the Administrator, to (i) the analysis cannot be otherwise ob- (ii) in consultation with the Adminis- provide technical assistance and support for tained in a practicable manner otherwise; trator, identify priority emerging contami- States that require testing facilities for and nants for research emphasis. emerging contaminants.

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(C) AVAILABILITY OF ANALYTICAL RE- (III) accessible through the website of the under subsection (a) as the Administrator SOURCES.—In carrying out the study de- Administrator; and determines to be appropriate, but not less scribed in subparagraph (A), the Adminis- (ii) includes a description of— frequently than once every 3 years. trator shall consider— (I) qualified contract testing laboratory fa- SEC. 1754. PFAS RESEARCH AND DEVELOPMENT. (i) the availability of— cilities that conduct analyses for emerging (a) IN GENERAL.—The Administrator, act- (I) Federal and non-Federal laboratory ca- contaminants; and ing through the Assistant Administrator for pacity; and (II) the resources available in Federal lab- the Office of Research and Development, (II) validated methods to detect and ana- oratory facilities to test for emerging con- shall— lyze contaminants; and taminants. (1)(A) further examine the effects of (ii) other factors determined to be appro- (D) WATER CONTAMINANT INFORMATION perfluoroalkyl and polyfluoroalkyl sub- priate by the Administrator. TOOL.—The Administrator shall integrate stances on human health and the environ- (2) REPORT.—Not later than 18 months the database established under subparagraph ment; and after the date of enactment of this Act, the (C) into the Water Contaminant Information (B) make publicly available information Administrator shall submit to Congress a re- Tool of the Environmental Protection Agen- relating to the findings under subparagraph port describing the results of the study de- cy. (A); scribed in paragraph (1). (4) FUNDING.—Of the amounts available to (2) develop a process for prioritizing which (3) PROGRAM TO PROVIDE FEDERAL ASSIST- the Administrator, the Administrator may perfluoroalkyl and polyfluoroalkyl sub- ANCE TO STATES.— use not more than $15,000,000 in a fiscal year stances, or classes of perfluoroalkyl and (A) IN GENERAL.—Not later than 3 years to carry out this subsection. polyfluoroalkyl substances, should be sub- after the date of enactment of this Act, (e) REPORT.—Not less frequently than once ject to additional research or regulatory ef- based on the findings in the report described every 2 years until 2029, the Administrator forts that is based on— in paragraph (2), the Administrator shall de- shall submit to Congress a report that de- (A) the potential for human exposure to velop a program to provide technical assist- scribes the progress made in carrying out the substances or classes of substances; ance and support to eligible States for the this subtitle. (B) the potential toxicity of the substances testing and analysis of emerging contami- (f) EFFECT.—Nothing in this section modi- or classes of substances; and nants. fies any obligation of a State, local govern- (C) information available about the sub- (B) APPLICATION.— ment, or Indian Tribe with respect to treat- stances or classes of substances; (i) IN GENERAL.—To be eligible for tech- ment methods for, or testing or monitoring (3) develop new tools to characterize and nical assistance and support under this para- of, drinking water. identify perfluoroalkyl and polyfluoroalkyl graph, a State shall submit to the Adminis- Subtitle E—Miscellaneous substances in the environment, including in trator an application at such time, in such SEC. 1751. PFAS DATA CALL. drinking water, wastewater, surface water, manner, and containing such information as Section 8(a) of the Toxic Substances Con- groundwater, solids, and the air; the Administrator may require. trol Act (15 U.S.C. 2607(a)) is amended by (4) evaluate approaches for the remedi- (ii) CRITERIA.—The Administrator shall adding at the end the following: ation of contamination by perfluoroalkyl evaluate an application for technical assist- ‘‘(7) PFAS DATA.—Not later than January and polyfluoroalkyl substances in the envi- ance and support under this paragraph on 1, 2023, the Administrator shall promulgate a ronment; and the basis of merit using criteria identified by rule in accordance with this subsection re- (5) develop and implement new tools and the Administrator, including— quiring each person who has manufactured a materials to communicate with the public (I) the laboratory facilities available to the chemical substance that is a perfluoroalkyl about perfluoroalkyl and polyfluoroalkyl State; or polyfluoroalkyl substance in any year substances. (II) the availability and applicability of ex- since January 1, 2006, to submit to the Ad- (b) FUNDING.—There is authorized to be ap- isting analytical methodologies; ministrator a report that includes, for each propriated to the Administrator to carry out (III) the potency and severity of the emerg- year since January 1, 2006, the information this section $15,000,000 for each of fiscal years ing contaminant, if known; and described in paragraph (2).’’. 2020 through 2024. (IV) the prevalence and magnitude of the SEC. 1752. SIGNIFICANT NEW USE RULE FOR emerging contaminant. LONG-CHAIN PFAS. SA 695. Ms. WARREN (for herself and (iii) PRIORITIZATION.—In selecting States to Not later than June 22, 2020, the Adminis- Mr. BROWN) submitted an amendment receive technical assistance and support trator shall take final action on the signifi- intended to be proposed by her to the under this paragraph, the Administrator— cant new use rule proposed by the Adminis- bill S. 1790, to authorize appropriations (I) shall give priority to States with af- trator under the Toxic Substances Control for fiscal year 2020 for military activi- fected areas primarily in financially dis- Act (15 U.S.C. 2601 et seq.) in the proposed ties of the Department of Defense, for tressed communities; rule entitled ‘‘Long-Chain Perfluoroalkyl (II) may— military construction, and for defense Carboxylate and Perfluoroalkyl Sulfonate activities of the Department of Energy, (aa) waive the application process in an Chemical Substances; Significant New Use emergency situation; and Rule’’ (80 Fed. Reg. 2885 (January 21, 2015)). to prescribe military personnel (bb) require an abbreviated application SEC. 1753. PFAS DESTRUCTION AND DISPOSAL strengths for such fiscal year, and for process for the continuation of work speci- GUIDANCE. other purposes; which was ordered to fied in a previously approved application (a) IN GENERAL.—Not later than 1 year lie on the table; as follows: that continues to meet the criteria described after the date of enactment of this Act, the At the end of subtitle C of title II, add the in clause (ii); and Administrator shall publish interim guid- following: (III) shall consider the relative expertise ance on the destruction and disposal of SEC. lll. NATIONAL SECURITY COMMISSION and availability of— perfluoroalkyl and polyfluoroalkyl sub- ON DEFENSE RESEARCH AT HIS- (aa) Federal and non-Federal laboratory stances and materials containing TORICALLY BLACK COLLEGES AND capacity available to the State; perfluoroalkyl and polyfluoroalkyl sub- UNIVERSITIES AND OTHER MINOR- (bb) analytical resources available to the stances, including— ITY INSTITUTIONS. State; and (1) aqueous film-forming foam; (a) ESTABLISHMENT.— (cc) other types of technical assistance (2) soil and biosolids; (1) IN GENERAL.—There is established in the available to the State. (3) textiles treated with perfluoroalkyl and executive branch an independent Commis- (C) DATABASE OF AVAILABLE RESOURCES.— polyfluoroalkyl substances; and sion to review the state of defense research The Administrator shall establish and main- (4) spent filters, membranes, and other at covered institutions. tain a database of resources available waste from water treatment. (2) TREATMENT.—The Commission shall be through the program developed under sub- (b) CONSIDERATIONS; INCLUSIONS.—The in- considered an independent establishment of paragraph (A) to assist States with testing terim guidance under subsection (a) shall— the Federal Government as defined by sec- for emerging contaminants that— (1) take into consideration— tion 104 of title 5, United States Code, and a (i) is— (A) the potential for releases of temporary organization under section 3161 of (I) available to States and stakeholder perfluoroalkyl and polyfluoroalkyl sub- such title. groups determined by the Administrator to stances during destruction or disposal, in- (3) DESIGNATION.—The Commission estab- have scientific or material interest in emerg- cluding through volatilization, air disper- lished under paragraph (1) shall be known as ing contaminants, including— sion, or leachate; and the ‘‘National Security Commission on De- (aa) drinking water and wastewater utili- (B) potentially vulnerable populations liv- fense Research At Historically Black Col- ties; ing near likely destruction or disposal sites; leges and Universities and Other Minority (bb) laboratories; and Institutions’’. (cc) Federal and State emergency respond- (2) provide guidance on testing and moni- (4) MEMBERSHIP.— ers; toring air, effluent, and soil near potential (A) COMPOSITION.—The Commission shall (dd) State primacy agencies; destruction or disposal sites for releases de- be composed of 11 members appointed as fol- (ee) public health agencies; and scribed in paragraph (1)(A). lows: (ff) water associations; (c) REVISIONS.—The Administrator shall (i) The Secretary of Defense shall appoint (II) searchable; and publish revisions to the interim guidance 2 members.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.073 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3707 (ii) The Secretary of Education shall ap- (D) The facilities and infrastructure for de- (2) any other institution of higher edu- point 1 member. fense-related research at covered institu- cation (as that term is defined in section 101 (iii) The Chairman of the Committee on tions as compared to the facilities and infra- of such Act (20 U.S.C. 1001)) at which not less Armed Services of the Senate shall appoint 1 structure at universities classified as R1 sta- than 50 percent of the total student enroll- member. tus on the Carnegie Classification of Institu- ment consists of students from ethnic groups (iv) The Ranking Member of the Com- tions of Higher Education. that are underrepresented in the fields of mittee on Armed Services of the Senate (E) Incentives to attract, recruit, and re- science and engineering. shall appoint 1 member. tain leading research faculty to covered in- SEC. lll. CONSIDERATION OF SUBCON- (v) The Chairman of the Committee on stitutions. TRACTING TO MINORITY INSTITU- Armed Services of the House of Representa- (F) The legal and organizational structure TIONS. tives shall appoint 1 member. of the contracting entity of covered institu- (a) IN GENERAL.—Chapter 141 of title 10, (vi) The Ranking Member of the Com- tions as compared to the legal and organiza- United States Code, is amended by adding at mittee on Armed Services of the House of tional structure of the contracting entity of the end the following new section: Representatives shall appoint 1 member. covered institutions at universities classified ‘‘§ 2410t. Consideration of subcontracting to (vii) The Chairman of the Committee on as R1 status on the Carnegie Classification of minority institutions Health, Education, Labor, and Pensions of Institutions of Higher Education. ‘‘(a) CONSIDERATION OF SUBCONTRACTING TO the Senate shall appoint 1 member. (G) The ability of covered institutions to MINORITY INSTITUTIONS.—The Secretary of (viii) The Ranking Member of the Com- develop, protect, and commercialize intellec- Defense shall revise the Department of De- mittee on Health, Education, Labor, and tual property created through defense-re- fense Supplement to the Federal Acquisition Pensions of the Senate shall appoint 1 mem- lated research. Regulation to require that the system used ber. (H) The amount of defense research fund- by the Federal Government to monitor or (ix) The Chairman of the Committee on ing awarded to all colleges and universities record contractor past performance for a Education and Labor of the House of Rep- through contracts and grants for the fiscal grant or contract awarded to an institution resentatives shall appoint 1 member. years of 2010 through 2019, including— of higher education includes incentives for (x) The Ranking Member of the Committee (i) the legal mechanism under which the the award of a sub-grant or subcontract to on Education and Labor of the House of Rep- organization was formed; minority institutions. resentatives shall appoint 1 member. (ii) the total value of contracts and grants ‘‘(b) MINORITY INSTITUTION DEFINED.—In (B) DEADLINE FOR APPOINTMENT.—Members awarded to the organization during fiscal this section, the term ‘minority institution’ shall be appointed to the Commission under years 2010 to 2019; means— subparagraph (A) not later than 90 days after (iii) the overhead rate of the organization ‘‘(1) a part B institution (as that term is the date on which the commission is estab- for fiscal year 2019; defined in section 322(2) of the Higher Edu- lished. (iv) the Carnegie Classification of Institu- cation Act of 1965 (20 U.S.C. 1061(2)); or (C) EFFECT OF LACK OF APPOINTMENT BY AP- tions of Higher Education of the associated ‘‘(2) any other institution of higher edu- POINTMENT DATE.—If one or more appoint- university or college; cation (as that term is defined in section 101 ments under subparagraph (A) is not made (v) if the associated university or college of such Act (20 U.S.C. 1001)) at which not less by the appointment date specified in sub- qualifies as a historically Black college or than 50 percent of the total student enroll- paragraph (B), or if a position described in university, a minority institution, or a mi- ment consists of students from ethnic groups subparagraph (A) is vacant for more than 90 nority institution. that are underrepresented in the fields of days, the authority to make such appoint- (I) Areas for improvement in the programs science and engineering.’’. ment shall transfer to the Chair of the Com- executed under section 2362 of title 10, (b) CLERICAL AMENDMENT.—The table of mission. United States Code, the existing authoriza- sections at the beginning of such chapter is (5) CHAIR AND VICE CHAIR.—The Commission tion to enhance defense-related research and amended by adding at the end the following shall elect a Chair and Vice Chair from education at covered institutions. new item: among its members. (J) Previous executive or legislative ac- ‘‘2410t. Consideration of subcontracting to (6) TERMS.—Members shall be appointed for tions by the Federal Government to address the life of the Commission. A vacancy in the the imbalance in federal research funding, minority institutions.’’. Commission shall not affect its powers and such as the Established Program to Stimu- shall be filled in the same manner as the late Competitive Research (commonly SA 696. Ms. WARREN submitted an original appointment was made. known as ‘‘EPSCoR’’). amendment intended to be proposed by (7) STATUS AS FEDERAL EMPLOYEES.—Not- (K) Any other matters the Commission her to the bill S. 1790, to authorize ap- withstanding the requirements of section deems relevant to the advancing the defense propriations for fiscal year 2020 for 2105 of title 5, United States Code, including research capacity of covered institutions. military activities of the Department the required supervision under subsection (c) REPORTS.— of Defense, for military construction, (a)(3) of such section, the members of the (1) INITIAL REPORT.—Not later than 180 and for defense activities of the De- Commission shall be deemed to be Federal days after the date of the enactment of this partment of Energy, to prescribe mili- employees. Act, the Commission shall submit to the tary personnel strengths for such fiscal President and Congress an initial report on (b) DUTIES.— year, and for other purposes; which was (1) IN GENERAL.—The Commission shall the findings of the Commission and such rec- carry out the review described in paragraph ommendations that the Commission may ordered to lie on the table; as follows: (2). In carrying out such review, the Commis- have for action by the executive branch and At the end of subtitle F of title VIII, add sion shall consider the methods and means Congress related to the covered institutions the following: necessary to advance research capacity at participating in Department of Defense re- SEC. 866. REQUIREMENTS FOR COMMERCIAL E- covered institutions to comprehensively ad- search and actions necessary to expand their PORTAL. dress the national security and defense needs research capacity. Section 846(d) of the National Defense Au- of the United States. (2) FINAL REPORT.—Prior to the date on thorization Act for Fiscal Year 2018 (Public (2) SCOPE OF THE REVIEW.—In conducting which the commission terminates under sub- Law 115–91; 41 U.S.C. 1901 note) is amended the review under paragraph (1), the Commis- section (e), the Commission shall submit to by adding at the end the following: ‘‘In any sion shall consider the following: the President and Congress a comprehensive contract awarded to a commercial portal (A) The competitiveness of covered institu- report on the results of the review required provider pursuant to subsection (a), the Ad- tions in developing, pursuing, capturing, and under subsection (b). ministrator shall require that the provider— executing defense research with the Depart- (3) FORM OF REPORTS.—Reports submitted ‘‘(1) not force participating suppliers to ment of Defense through contracts and under this subsection shall be made pub- sell their products to customers of the portal grants. lically available. provider outside of the program as a condi- (B) Means and methods for advancing the (d) AUTHORIZATION OF APPROPRIATIONS.— tion of participating in the portal; capacity of covered institutions to conduct There is authorized to be appropriate to ‘‘(2) clearly and conspicuously commu- research related to national security and de- carry this section $5,000,000 for each of fiscal nicate to participating suppliers that they fense. years 2020 and 2021. Funds made available to are not required to sell their products to cus- (C) The advancements and investments the under the preceding sentence shall re- tomers of the portal provider outside of the necessary to elevate 25 covered institutions main available until expended. program as a condition to participating in to R2 status on the Carnegie Classification of (e) TERMINATION.—The Commission shall the portal; and Institutions of Higher Education, 15 covered terminate on December 31, 2021. ‘‘(3) not take any direct or indirect puni- institutions to R1 status on the Carnegie (f) COVERED INSTITUTION DEFINED.—In this tive actions against participating suppliers Classification of Institutions of Higher Edu- section, the term ‘‘covered institution’’ that do not sell to customers of the portal cation, and one covered institution or a con- means— provider outside of the program.’’. sortium of multiple covered institutions to (1) a part B institution (as that term is de- the capability of a University Affiliated Re- fined in section 322(2) of the Higher Edu- SA 697. Ms. WARREN (for herself, search Center. cation Act of 1965 (20 U.S.C. 1061(2)); or Mr. MARKEY, Ms. CANTWELL, Mrs.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.074 S18JNPT1 S3708 CONGRESSIONAL RECORD — SENATE June 18, 2019 GILLIBRAND, Mr. VAN HOLLEN, and Mr. SEC. lll. IMPORTANCE OF HISTORICALLY (G) 1 shall be appointed by the chairman of BLACK COLLEGES AND UNIVER- MERKLEY) submitted an amendment in- the Committee on Armed Services of the SITIES AND MINORITY-SERVING IN- tended to be proposed by her to the bill House of Representatives; STITUTIONS. (H) 1 shall be appointed by the ranking mi- S. 1790, to authorize appropriations for (a) INCREASE.—Funds authorized to be ap- nority member of the Committee on Armed fiscal year 2020 for military activities propriated in Research, Development, Test, Services of the House of Representatives; of the Department of Defense, for mili- and Evaluation, Defense-wide, PE (I) 1 shall be appointed by the chairman of tary construction, and for defense ac- 0601228D8Z, section 4201, for Basic Research, the Committee on Homeland Security and tivities of the Department of Energy, Historically Black Colleges and Universities/ Governmental Affairs of the Senate; to prescribe military personnel Minority Institutions, Line 006, are hereby (J) 1 shall be appointed by the ranking mi- increased by $17,586,000. nority member of the Committee on Home- strengths for such fiscal year, and for (b) OFFSET.—Funding in section 4101 for other purposes; which was ordered to land Security and Governmental Affairs of Other Procurement, Army, for Automated the Senate; lie on the table; as follows: Data Processing Equipment, Line 112, is (K) 1 shall be appointed by the chairman of At the appropriate place in title XVI, in- hereby reduced by $17,586,000. the Committee on Homeland Security of the sert the following: House of Representatives; and SA 700. Mr. WYDEN submitted an SEC. 16ll. PROHIBITION ON DEPLOYMENT OF (L) 1 shall be appointed by the ranking mi- LOW-YIELD SUBMARINE-LAUNCHED amendment intended to be proposed by nority member of the Committee on Home- BALLISTIC MISSILE. him to the bill S. 1790, to authorize ap- land Security of the House of Representa- Notwithstanding any other provision of propriations for fiscal year 2020 for tives. law, none of the funds authorized to be ap- military activities of the Department (2) CHAIRMAN; VICE CHAIRMAN.— propriated by this Act or otherwise made of Defense, for military construction, (A) CHAIRMAN.—The chair of the Com- available for the Department of Defense may mittee on Homeland Security and Govern- and for defense activities of the De- mental Affairs of the Senate and the chair of be obligated or expended to arm Trident II partment of Energy, to prescribe mili- D5 submarine-launched ballistic missiles the Committee on Homeland Security of the tary personnel strengths for such fiscal House of Representatives shall jointly des- fielded on Ohio class ballistic missile sub- ignate 1 member of the Commission to serve marines with the W76–2 low-yield warhead. year, and for other purposes; which was ordered to lie on the table; as follows: as Chair of the Commission. (B) VICE CHAIRMAN.—The ranking member SA 698. Mr. BROWN (for himself, Mrs. At the end of subtitle C of title XVI, add the following: of the Committee on Armed Services of the MURRAY, Mr. CASEY, Mr. MANCHIN, Ms. Senate and the ranking member of the Com- SEC. lll. REPORT ON USE OF ENCRYPTION BY mittee on Armed Services of the House of BALDWIN, Mrs. GILLIBRAND, Mr. DEPARTMENT OF DEFENSE NA- TESTER, Mr. MURPHY, and Mr. SAND- TIONAL SECURITY SYSTEMS. Representatives shall jointly designate 1 ERS) submitted an amendment in- Not later than 180 days after the date of member of the Commission to serve as Vice tended to be proposed by him to the the enactment of this Act, the Secretary of Chair of the Commission. (3) PERIOD OF APPOINTMENT; VACANCIES.— bill S. 1790, to authorize appropriations Defense shall submit to Congress a report setting forth aggregate statistics on the Members shall be appointed for the life of for fiscal year 2020 for military activi- the Commission. Any vacancy in the Com- number of national security systems (as de- ties of the Department of Defense, for mission shall be filled in the same manner as fined in section 11103 of title 40, United the original appointment. military construction, and for defense States Code) operated by the Department of (c) DUTIES.— activities of the Department of Energy, Defense that do not encrypt at rest all data to prescribe military personnel (1) REVIEW.—After conducting a review of stored on such systems. the United States’ current strategy, outlined strengths for such fiscal year, and for in the National Strategy for Countering other purposes; which was ordered to SA 701. Mr. MANCHIN submitted an Weapons of Mass Destruction Terrorism, to lie on the table; as follows: amendment intended to be proposed by prevent, counter, and respond to nuclear and At the end of subtitle H of title X, add the him to the bill S. 1790, to authorize ap- radiological terrorism, the Commission shall following: propriations for fiscal year 2020 for develop a comprehensive strategy that— military activities of the Department (A) identifies national and international SEC. 1086. INCREASE OF MAXIMUM AGE FOR nuclear and radiological terrorism risks and CHILDREN ELIGIBLE FOR MEDICAL of Defense, for military construction, CARE UNDER CHAMPVA PROGRAM. and for defense activities of the De- critical emerging threats; (B) prevents state and nonstate actors (a) INCREASE.—Subsection (c) of section partment of Energy, to prescribe mili- from acquiring the technologies, materials, 1781 of title 38, United States Code, is amend- tary personnel strengths for such fiscal and critical expertise needed to mount nu- ed to read as follows: year, and for other purposes; which was clear or radiological attacks; ‘‘(c)(1) Notwithstanding clauses (i) and (iii) ordered to lie on the table; as follows: (C) counters efforts by state and nonstate of section 101(4)(A) of this title and except as At the appropriate place, insert the fol- actors to mount such attacks; provided in paragraph (2), for purposes of lowing: (D) responds to nuclear and radiological this section, a child is eligible for benefits SEC. ll. CONGRESSIONAL COMMISSION ON PRE- terrorism incidents to attribute their origin under subsection (a) until the child’s 26th and help manage their consequences; birthday, regardless of the child’s marital VENTING, COUNTERING, AND RE- SPONDING TO NUCLEAR AND RADIO- (E) provides the projected resources to im- status. LOGICAL TERRORISM. plement and sustain the strategy; ‘‘(2) This subsection shall not be construed (a) ESTABLISHMENT.—There is hereby es- (F) delineates indicators for assessing to limit eligibility for benefits under sub- tablished a commission, to be known as the progress toward implementing the strategy; section (a) of a child described in section ‘‘Congressional Commission on Preventing, (G) makes recommendations for improve- 101(4)(A)(ii) of this title.’’. Countering, and Responding to Nuclear and ments to the National Strategy for Coun- (b) EFFECTIVE DATE.—Such subsection, as Radiological Terrorism’’ (referred to in this tering Weapons of Mass Destruction Ter- so amended, shall apply with respect to med- Act as the ‘‘Commission’’), which shall de- rorism; ical care provided on or after the date of the velop a comprehensive strategy to prevent, (H) determines whether a Nuclear Non- enactment of this Act. counter, and respond to nuclear and radio- proliferation Council is needed to oversee logical terrorism. and coordinate nuclear nonproliferation, nu- SA 699. Mr. BROWN (for himself and (b) COMPOSITION.— clear counterproliferation, nuclear security, Mr. SCOTT of South Carolina) sub- (1) MEMBERSHIP.—The Commission shall be and nuclear arms control activities and pro- mitted an amendment intended to be composed of 12 members, of whom— grams of the United States Government; and proposed by him to the bill S. 1790, to (A) 1 shall be appointed by the majority (I) if the Commission determines that such leader of the Senate; council is needed, provides recommendations authorize appropriations for fiscal year (B) 1 shall be appointed by the minority regarding— 2020 for military activities of the De- leader of the Senate; (i) appropriate council membership; partment of Defense, for military con- (C) 1 shall be appointed by the Speaker of (ii) frequency of meetings; struction, and for defense activities of the House of Representatives; (iii) responsibilities of the council; the Department of Energy, to prescribe (D) 1 shall be appointed by the minority (iv) coordination within the United States military personnel strengths for such leader of the House of Representatives; Government; and fiscal year, and for other purposes; (E) 1 shall be appointed by the chairman of (v) congressional reporting requirements. which was ordered to lie on the table; the Committee on Armed Services of the (2) ASSESSMENT AND RECOMMENDATIONS.— Senate; (A) ASSESSMENT.—The Commission shall as follows: (F) 1 shall be appointed by the ranking mi- assess the benefits and risks associated with At the end of subtitle C of title II, add the nority member of the Committee on Armed the current United States strategy in rela- following: Services of the Senate; tion to nuclear terrorism.

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(B) RECOMMENDATIONS.—The Commission SEC. 3116. MODIFICATION TO CERTAIN REQUIRE- gency Planning and Community Right-To- shall develop recommendations regarding MENTS RELATING TO PLUTONIUM Know Act of 1986 (42 U.S.C. 11023(c)). the most effective nuclear terrorism strat- PIT PRODUCTION CAPACITY. (b) IMMEDIATE INCLUSION.— egy. (a) SENSE OF THE SENATE.—It is the sense (1) IN GENERAL.—Subject to subsection (e), of the Senate that— beginning January 1 of the calendar year fol- OOPERATION FROM GOVERNMENT.— (d) C (1) rebuilding a robust plutonium pit pro- lowing the date of enactment of this Act, the (1) COOPERATION.—In carrying out its du- duction infrastructure with a capacity of up following chemicals shall be deemed to be in- ties, the Commission shall receive the full to 80 pits per year is critical to maintaining cluded in the toxics release inventory: and timely cooperation of the Secretary of the viability of the nuclear stockpile; (A) Perfluorooctanoic acid (commonly re- Defense, the Secretary of Energy, the Sec- (2) that effort will require cooperation ferred to as ‘‘PFOA’’) (Chemical Abstracts retary of Homeland Security, the Secretary from experts across the nuclear security en- Service No. 335–67–1). of State, the Director of National Intel- terprise; and (B) The salt associated with the chemical ligence, the National Security Council, and (3) any further delay to achieving a pluto- described in subparagraph (A) (Chemical Ab- any other United States Government official nium sustainment capability to support the stracts Service No. 3825–26–1). in providing the Commission with analyses, planned stockpile life extension programs (C) Perfluorooctane sulfonic acid (com- briefings, and other information necessary will result in an unacceptable capability gap monly referred to as ‘‘PFOS’’) (Chemical Ab- for the fulfillment of its responsibilities. to our deterrent posture. stracts Service No. 1763–23–1). (2) LIAISON.—The Secretary of Defense, the (b) MODIFICATION TO REQUIREMENTS.—Sec- (D) The salts associated with the chemical Secretary of Energy, the Secretary of Home- tion 4219 of the Atomic Energy Defense Act described in subparagraph (C) (Chemical Ab- land Security, the Secretary of State, and (50 U.S.C. 2538a) is amended— stract Service Nos. 45298–90–6, 29457–72–5, the Director of National Intelligence shall (1) in subsection (a), by striking paragraph 56773–42–3, 29081–56–9, 4021–47–0, 111873–33–7, each designate at least 1 officer or employee (5) and inserting the following: and 91036–71–4). of the Department of Defense, the Depart- ‘‘(5) during 2030, produces not less than 80 (E) A perfluoroalkyl or polyfluoroalkyl ment of Energy, the Department of State, war reserve plutonium pits.’’; substance or class of perfluoroalkyl or the National Security Council, and the intel- (2) by striking subsection (b); polyfluoroalkyl substances that is— ligence community, respectively, to serve as (3) by redesignating subsections (c) and (d) (i) listed as an active chemical substance a liaison officer with the Commission. as subsections (b) and (c), respectively; in the February 2019 update to the inventory (e) STRATEGIC REPORT.— (4) in subsection (b), as redesignated by under section 8(b)(1) of the Toxic Substances (1) IN GENERAL.—Not later than December paragraph (2), by striking ‘‘2027 (or, if the au- Control Act (15 U.S.C. 2607(b)(1)); and 1, 2020, the Commission shall submit a stra- thority under subsection (b) is exercised, (ii) on the date of enactment of this Act, tegic report containing the Commission’s 2029)’’ and inserting ‘‘2030’’; and subject to the provisions of— findings, conclusions, and recommendations (5) in subsection (c), as redesignated by (I) section 721.9582 of title 40, Code of Fed- to— paragraph (2), by striking ‘‘subsection (c)’’ eral Regulations; or (A) the President; and inserting ‘‘subsection (b)’’. (II) section 721.10536 of title 40, Code of (B) the Secretary of Defense; Federal Regulations. (C) the Secretary of Energy; SA 703. Mrs. CAPITO (for herself, Mr. (2) THRESHOLD FOR REPORTING.— (D) the Secretary of State; CARPER, Mr. BARRASSO, Mr. SULLIVAN, (A) IN GENERAL.—Subject to subparagraph (E) the Secretary of Homeland Security; Mrs. SHAHEEN, Mr. GARDNER, Mrs. (B), the threshold for reporting the chemicals described in paragraph (1) under section (F) the Director of National Intelligence; GILLIBRAND, and Mr. TOOMEY) sub- 313(f)(1) of the Emergency Planning and (G) the Committee on Armed Services of mitted an amendment intended to be the Senate; and Community Right-To-Know Act of 1986 (42 proposed by her to the bill S. 1790, to U.S.C. 11023(f)(1)) is 100 pounds. (H) the Committee on Armed Services of authorize appropriations for fiscal year the House of Representatives. (B) REVISIONS.—Not later than 5 years after the date of enactment of this Act, the (2) CONTENTS.—The report required under 2020 for military activities of the De- Administrator shall— paragraph (1) shall outline how the Federal partment of Defense, for military con- (i) determine whether revision of the Government will— struction, and for defense activities of threshold under subparagraph (A) is war- (A) encourage and incentivize other coun- the Department of Energy, to prescribe ranted; and tries and relevant international organiza- military personnel strengths for such (ii) if the Administrator determines a revi- tions, such as the International Atomic En- fiscal year, and for other purposes; sion to be warranted under clause (i), ini- ergy Agency and INTERPOL, to make nu- which was ordered to lie on the table; tiate a revision under section 313(f)(2) of the clear and radiological security a priority; as follows: Emergency Planning and Community Right- (B) improve cooperation, with a focus on To-Know Act of 1986 (42 U.S.C. 11023(f)(2)). developing and deploying technologies to de- In section 318(a), add at the end the fol- (c) INCLUSION FOLLOWING ASSESSMENT.— tect and prevent illicit transfers of weapons lowing: (1) IN GENERAL.—Subject to subsection (e), of mass destruction-related materials, equip- (3) OTHER AUTHORITY.—In addition to the a perfluoroalkyl or polyfluoroalkyl sub- ment, and technology, and appropriate inte- requirements under paragraph (1), when oth- stance or class of perfluoroalkyl or gration among Federal entities and Federal, erwise authorized to expend funds for the polyfluoroalkyl substances shall be auto- State, and tribal governments; and purpose of addressing ground or surface matically included in the toxics release in- (C) improve cooperation, with a focus on water contaminated by a perfluorinated ventory beginning January 1 of the calendar developing and deploying technologies to de- compound, the Secretary of Defense may, to year after any of the following dates: tect and prevent illicit transfers of weapons expend those funds, enter into a grant agree- (A) ESTABLISHMENT OF TOXICITY VALUE.— of mass destruction-related materials, equipment, cooperative agreement, or contract The date on which the Administrator estab- ment, and technology, between the United with— lishes a toxicity value for the perfluoroalkyl States and other countries and international (A) the local water authority with jurisdic- or polyfluoroalkyl substance or class of organizations, while focusing on cooperation tion over the contamination site, including— perfluoroalkyl or polyfluoroalkyl sub- with China, India, Pakistan, and Russia. (i) a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 stances. (f) TERMINATION.—The Commission shall U.S.C. 300f)); and (B) SIGNIFICANT NEW USE RULE.—The date terminate on the date on which the report is (ii) a publicly owned treatment works (as on which the Administrator finalizes a sig- submitted under subsection (e)(1). defined in section 212 of the Federal Water nificant new use rule under subsection (a)(2) Pollution Control Act (33 U.S.C. 1292)); or of section 5 of the Toxic Substances Control (B) a State, local, or Tribal government. Act (15 U.S.C. 2604), except a significant new SA 702. Mr. GRAHAM (for himself At the end of division A, add the following: use rule promulgated in connection with an and Mr. HEINRICH) submitted an TITLE XVII—PFAS RELEASE DISCLOSURE, order issued under subsection (e) of that sec- amendment intended to be proposed by DETECTION, AND SAFE DRINKING tion, for the perfluoroalkyl or him to the bill S. 1790, to authorize ap- WATER ASSISTANCE polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl sub- propriations for fiscal year 2020 for SEC. 1701. DEFINITION OF ADMINISTRATOR. military activities of the Department stances. In this title, the term ‘‘Administrator’’ (C) ADDITION TO EXISTING SIGNIFICANT NEW of Defense, for military construction, means the Administrator of the Environ- USE RULE.—The date on which the and for defense activities of the De- mental Protection Agency. perfluoroalkyl or polyfluoroalkyl substance partment of Energy, to prescribe mili- Subtitle A—PFAS Release Disclosure or class of perfluoroalkyl or polyfluoroalkyl tary personnel strengths for such fiscal SEC. 1711. ADDITIONS TO TOXICS RELEASE IN- substances is added to a list of substances year, and for other purposes; which was VENTORY. covered by a significant new use rule pre- ordered to lie on the table; as follows: (a) DEFINITION OF TOXICS RELEASE INVEN- viously promulgated under subsection (a)(2) TORY.—In this section, the term ‘‘toxics re- of section 5 of the Toxic Substances Control At the end of subtitle B of title XXXI, add lease inventory’’ means the toxics release in- Act (15 U.S.C. 2604), except a significant new the following: ventory under section 313(c) of the Emer- use rule promulgated in connection with an

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order issued under subsection (e) of that sec- (J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4- ‘‘(i) IN GENERAL.—Not later than 2 years tion. nonafluoro-potassium salt (Chemical Ab- after the date of enactment of this subpara- (D) ADDITION AS ACTIVE CHEMICAL SUB- stracts Service No. 29420–49–3); graph, the Administrator shall promulgate a STANCE.—The date on which the (K) the component associated with the national primary drinking water regulation perfluoroalkyl or polyfluoroalkyl substance chemical described in subparagraph (J) for perfluoroalkyl and polyfluoroalkyl sub- or class of perfluoroalkyl or polyfluoroalkyl (Chemical Abstracts Service No. 45187–15–3); stances, which shall, at a minimum, include substances that is on a list of substances (L) heptafluorobutyric acid (Chemical Ab- standards for— covered by a significant new use rule under stracts Service No. 375–22–4); ‘‘(I) perfluorooctanoic acid (commonly re- subsection (a)(2) of section 5 of the Toxic (M) perfluorohexanoic acid (Chemical Ab- ferred to as ‘PFOA’); and Substances Control Act (15 U.S.C. 2604), ex- stracts Service No. 307–24–4); ‘‘(II) perfluorooctane sulfonic acid (com- cept a significant new use rule promulgated (N) each perfluoroalkyl or polyfluoroalkly monly referred to as ‘PFOS’). in connection with an order issued under substance or class of perfluoroalkyl or ‘‘(ii) ALTERNATIVE PROCEDURES.— subsection (e) of that section, is— polyfluoroalkyl substances for which a meth- ‘‘(I) IN GENERAL.—Not later than 1 year (i) added to the inventory under subsection od to measure levels in drinking water has after the validation by the Administrator of (b)(1) of section 8 of the Toxic Substances been validated by the Administrator; and an equally effective quality control and test- Control Act (15 U.S.C. 2607) and designated as (O) a perfluoroalkyl and polyfluoroalkyl ing procedure to ensure compliance with an active chemical substance under sub- substance or class of perfluoroalkyl or that national primary drinking water regu- section (b)(5)(A) of that section; or polyfluoroalkyl substances other than the lation to measure the levels described in sub- (ii) designated as an active chemical sub- chemicals described in subparagraphs (A) clause (II) or other methods to detect and stance on the inventory in accordance with through (N) that is used to manufacture monitor perfluoroalkyl and polyfluoroalkyl subsection (b)(5)(B) of that section. fluoropolymers, as determined by the Ad- substances in drinking water, the Adminis- (2) THRESHOLD FOR REPORTING.— ministrator. trator shall add the procedure or method as (A) IN GENERAL.—Subject to subparagraph (3) ADDITION TO TOXICS RELEASE INVEN- an alternative to the quality control and (B), the threshold for reporting under section TORY.—Subject to subsection (e), if the Ad- testing procedure described in that national 313(f)(1) of the Emergency Planning and ministrator determines under paragraph (1) primary drinking water regulation by pub- Community Right-To-Know Act of 1986 (42 that a substance or a class of substances de- lishing the procedure or method in the Fed- U.S.C. 11203(f)(1)) the substances and classes scribed in paragraph (2) meets the criteria eral Register. of substances included in the toxics release described in section 313(d)(2) of the Emer- ‘‘(II) LEVELS DESCRIBED.—The levels re- inventory under paragraph (1) is 100 pounds. gency Planning and Community Right-To- ferred to in subclause (I) are— (B) REVISIONS.—Not later than 5 years Know Act of 1986 (42 U.S.C. 11023(d)(2)), the ‘‘(aa) the level of a perfluoroalkyl or after the date of enactment of this Act, the Administrator shall revise the toxics release polyfluoroalkyl substance; Administrator shall— inventory to include that substance or class ‘‘(bb) the total levels of perfluoroalkyl and (i) determine whether revision of the of substances not later than 2 years after the polyfluoroalkyl substances; and thresholds under subparagraph (A) is war- date on which the Administrator makes the ‘‘(cc) the total levels of organic fluorine. ranted; and determination. ‘‘(iii) INCLUSIONS.—The Administrator may include a perfluoroalkyl or polyfluoroalkyl (ii) if the Administrator determines a revi- (e) CONFIDENTIAL BUSINESS INFORMATION.— substance or class of perfluoroalkyl or sion to be warranted under clause (i), ini- (1) IN GENERAL.—Prior to including on the polyfluoroalkyl substances on— tiate a revision under section 313(f)(2) of the toxics release inventory pursuant to sub- ‘‘(I) the list of contaminants for consider- Emergency Planning and Community Right- section (b)(1), (c)(1), or (d)(3) any ation of regulation under paragraph (1)(B)(i); To-Know Act of 1986 (42 U.S.C. 11023(f)(2)). perfluoroalkyl or polyfluoroalkyl substance and or class of perfluoroalkyl or polyfluoroalkyl (d) INCLUSION FOLLOWING DETERMINATION.— ‘‘(II) the list of unregulated contaminants substances the chemical identity of which is (1) IN GENERAL.—To the extent not already to be monitored under section subject to a claim of a person of protection subject to subsection (b), not later than 2 1445(a)(2)(B)(i). from disclosure under subsection (a) of sec- years after the date of enactment of this ‘‘(iv) MONITORING.—When establishing tion 552 of title 5, United States Code, pursu- Act, the Administrator shall determine monitoring requirements for public water ant to subsection (b)(4) of that section, the whether the substances and classes of sub- systems as part of a national primary drink- Administrator shall— stances described in paragraph (2) meet the ing water regulation under clause (i) or (A) review that claim of protection from criteria described in section 313(d)(2) of the clause (vi)(II), the Administrator shall tailor Emergency Planning and Community Right- disclosure; and the monitoring requirements for public To-Know Act of 1986 (42 U.S.C. 11023(d)(2)) for (B) require that person to reassert and sub- water systems that do not detect or are reli- inclusion in the toxics release inventory. stantiate or resubstantiate that claim in ac- ably and consistently below the maximum (2) SUBSTANCES DESCRIBED.—The sub- cordance with section 14(f) of the Toxic Sub- contaminant level (as defined in section stances and classes of substances referred to stances Control Act (15 U.S.C. 2613(f)). 1418(b)(2)(B)) for the perfluoroalkyl or in paragraph (1) are perfluoroalkyl and (2) NONDISCLOSURE OF PROTECTION INFORMA- polyfluoroalkyl substance or class of polyfluoroalkyl substances and classes of TION.—If the Administrator determines that perfluoroalkyl or polyfluoroalkyl substances perfluoroalkyl and polyfluoroalkyl sub- the chemical identity of a perfluoroalkyl or subject to the national primary drinking stances, including— polyfluoroalkyl substance or class of water regulation. (A) hexafluoropropylene oxide dimer acid perfluoroalkyl or polyfluoroalkyl substances ‘‘(v) HEALTH RISK REDUCTION AND COST (Chemical Abstracts Service No. 13252–13–6); qualifies for protection from disclosure ANALYSIS.—In meeting the requirements of (B) the compounds associated with the under paragraph (1), the Administrator shall paragraph (3)(C), the Administrator may rely chemical described in subparagraph (A) include the substance or class of substances, on information available to the Adminis- (Chemical Abstracts Service Nos. 62037–80–3 as applicable, on the toxics release inventory trator with respect to 1 or more specific and 2062–98–8); in a manner that does not disclose the pro- perfluoroalkyl or polyfluoroalkyl substances (C) perfluoro[(2-pentafluoroethoxy- tected information. to extrapolate reasoned conclusions regard- ethoxy)acetic acid] ammonium salt (Chem- (f) EMERGENCY PLANNING AND COMMUNITY ing the health risks and effects of a class of ical Abstracts Service No. 908020–52–0); RIGHT-TO-KNOW ACT OF 1986.—Section 313(c) perfluoroalkyl or polyfluoroalkyl substances (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- of the Emergency Planning and Community of which the specific perfluoroalkyl or hexafluoro)-2-(trifluoromethoxy) propanoyl Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) polyfluoroalkyl substances are a part. fluoride (Chemical Abstracts Service No. is amended— ‘‘(vi) REGULATION OF ADDITIONAL SUB- 2479–75–6); (1) by striking the period at the end and in- STANCES.— (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- serting ‘‘; and’’; ‘‘(I) DETERMINATION.—The Administrator hexafluoro)-2-(trifluoromethoxy) propionic (2) by striking ‘‘are those chemicals’’ and shall make a determination under paragraph acid (Chemical Abstracts Service No. 2479–73– inserting the following: ‘‘are— (1)(A), using the criteria described in clauses 4); ‘‘(1) the chemicals’’; and (i) through (iii) of that paragraph, whether (F) 3H-perfluoro-3-[(3-methoxy-propoxy) (3) by adding at the end the following: to include a perfluoroalkyl or propanoic acid] (Chemical Abstracts Service ‘‘(2) the chemicals included under sub- polyfluoroalkyl substance or class of No. 919005–14–4); sections (b)(1), (c)(1), and (d)(3) of section perfluoroalkyl or polyfluoroalkyl substances (G) the salts associated with the chemical 1711 of the National Defense Authorization in the national primary drinking water regu- described in subparagraph (F) (Chemical Ab- Act for Fiscal Year 2020.’’. lation under clause (i) not later than 18 stracts Service Nos. 958445–44–8, 1087271–46–2, Subtitle B—Drinking Water months after the later of— and NOCASl892452); SEC. 1721. NATIONAL PRIMARY DRINKING WATER ‘‘(aa) the date on which the perfluoroalkyl (H) 1-octanesulfonic acid REGULATIONS FOR PFAS. or polyfluoroalkyl substance or class of 3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium Section 1412(b)(2) of the Safe Drinking perfluoroalkyl or polyfluoroalkyl substances salt (Chemical Abstracts Service No. 59587– Water Act (42 U.S.C. 300g–1(b)(2)) is amended is listed on the list of contaminants for con- 38–1); by adding at the end the following: sideration of regulation under paragraph (I) perfluorobutanesulfonic acid (Chemical ‘‘(D) PERFLUOROALKYL AND (1)(B)(i); and Abstracts Service No. 375–73–5); POLYFLUOROALKYL SUBSTANCES.— ‘‘(bb) the date on which—

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.076 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3711 ‘‘(AA) the Administrator has received the unregulated contaminants to be monitored tems for the purpose of addressing emerging results of monitoring under section under section 1445(a)(2)(B)(i) of the Safe contaminants, with a focus on perfluoroalkyl 1445(a)(2)(B) for the perfluoroalkyl or Drinking Water Act (42 U.S.C. 300j– and polyfluoroalkyl substances. polyfluoroalkyl substance or class of 4(a)(2)(B)(i)). ‘‘(b) REQUIREMENTS.— perfluoroalkyl or polyfluoroalkyl substance; (2) SUBSTANCES DESCRIBED.—The sub- ‘‘(1) SMALL AND DISADVANTAGED COMMU- or stances referred to in paragraph (1) are NITIES.—Not less than 25 percent of the ‘‘(BB) the Administrator has received fin- perfluoroalkyl and polyfluoroalkyl sub- amounts made available to carry out this ished water data or finished water moni- stances and classes of perfluoroalkyl and section shall be used to provide grants to— toring surveys for the perfluoroalkyl or polyfluoroalkyl substances— ‘‘(A) public water systems serving dis- polyfluoroalkyl substance or class of (A) for which a method to measure the advantaged communities (as defined in sec- perfluoroalkyl or polyfluoroalkyl substances level in drinking water has been validated by tion 1452(d)(3)); or from a Federal or State agency that the Ad- the Administrator; and ‘‘(B) public water systems serving fewer ministrator determines to be sufficient to (B) that are not subject to a national pri- than 25,000 persons. make a determination under paragraph mary drinking water regulation under clause ‘‘(2) PRIORITIES.—In selecting recipients of (1)(A). (i) or (vi)(II) of subparagraph (D) of section grants under subsection (a), the Adminis- ‘‘(II) PRIMARY DRINKING WATER REGULA- 1412(b)(2) of the Safe Drinking Water Act (42 trator shall use the priorities described in TIONS.— U.S.C. 300g–1(b)(2)). section 1452(b)(3)(A). ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(aa) IN GENERAL.—For each perfluoroalkyl (3) EXCEPTION.—The perfluoroalkyl and There is authorized to be appropriated to or polyfluoroalkyl substance or class of polyfluoroalkyl substances and classes of carry out this section $100,000,000 for each of perfluoroalkyl or polyfluoroalkyl substances perfluoroalkyl and polyfluoroalkyl sub- fiscal years 2020 through 2024, to remain that the Administrator determines to regu- stances included in the list of unregulated available until expended.’’. late under subclause (I), the Administrator— contaminants to be monitored under section ‘‘(AA) not later than 18 months after the 1445(a)(2)(B)(i) of the Safe Drinking Water Subtitle C—PFAS Detection date on which the Administrator makes the Act (42 U.S.C. 300j–4(a)(2)(B)(i)) under para- SEC. 1731. DEFINITIONS. determination, shall propose a national pri- graph (1) shall not count towards the limit of In this subtitle: mary drinking water regulation for the 30 unregulated contaminants to be mon- (1) DIRECTOR.—The term ‘‘Director’’ means perfluoroalkyl or polyfluoroalkyl substance itored by public water systems under that the Director of the United States Geological or class of perfluoroalkyl or polyfluoroalkyl section. Survey. substances; and (b) APPLICABILITY.— (2) PERFLUORINATED COMPOUND.— ‘‘(BB) may publish the proposed national (1) IN GENERAL.—The Administrator shall— (A) IN GENERAL.—The term ‘‘perfluorinated primary drinking water regulation described (A) require public water systems serving compound’’ means a perfluoroalkyl sub- in subitem (AA) concurrently with the publi- more than 10,000 persons to monitor for the stance or a polyfluoroalkyl substance that is cation of the determination to regulate the substances described in subsection (a)(2); manmade with at least 1 fully fluorinated perfluoroalkyl or polyfluoroalkyl substance (B) subject to paragraph (2) and the avail- carbon atom. or class of perfluoroalkyl or polyfluoroalkyl ability of appropriations, require public (B) DEFINITIONS.—In this definition: substances. water systems serving not fewer than 3,300 (i) FULLY FLUORINATED CARBON ATOM.—The ‘‘(bb) DEADLINE.— and not more than 10,000 persons to monitor term ‘‘fully fluorinated carbon atom’’ means ‘‘(AA) IN GENERAL.—Not later than 1 year for the substances described in subsection a carbon atom on which all the hydrogen after the date on which the Administrator (a)(2); and substituents have been replaced by fluorine. publishes a proposed national primary drink- (C) subject to paragraph (2) and the avail- (ii) NONFLUORINATED CARBON ATOM.—The ing water regulation under item (aa)(AA) ability of appropriations, ensure that only a term ‘‘nonfluorinated carbon atom’’ means a and subject to subitem (BB), the Adminis- representative sample of public water sys- carbon atom on which no hydrogen trator shall take final action on the proposed tems serving fewer than 3,300 persons are re- substituents have been replaced by fluorine. national primary drinking water regulation. quired to monitor for the substances de- (iii) PARTIALLY FLUORINATED CARBON ATOM.—The term ‘‘partially fluorinated car- ‘‘(BB) EXTENSION.—The Administrator, on scribed in subsection (a)(2). publication of notice in the Federal Register, (2) REQUIREMENT.—If the Administrator de- bon atom’’ means a carbon atom on which may extend the deadline under subitem (AA) termines that there is not sufficient labora- some, but not all, of the hydrogen by not more than 6 months. tory capacity to carry out the monitoring substituents have been replaced by fluorine. (iv) PERFLUOROALKYL SUBSTANCE.—The ‘‘(vii) LIFETIME DRINKING WATER HEALTH required under subparagraphs (B) and (C) of term ‘‘perfluoroalkyl substance’’ means a ADVISORY.— paragraph (1), the Administrator may waive manmade chemical of which all of the car- ‘‘(I) IN GENERAL.—Subject to subclause (II), the monitoring requirements in those sub- the Administrator shall publish a health ad- paragraphs. bon atoms are fully fluorinated carbon visory under paragraph (1)(F) for a (3) FUNDS.—The Administrator shall pay atoms. perfluoroalkyl or polyfluoroalkyl substance the reasonable cost of such testing and lab- (v) POLYFLUOROALKYL SUBSTANCE.—The or class of perfluoroalkyl or polyfluoroalkyl oratory analysis as is necessary to carry out term ‘‘polyfluoroalkyl substance’’ means a substances not later than 1 year after the the monitoring required under paragraph (1) manmade chemical containing a mix of fully later of— from— fluorinated carbon atoms, partially ‘‘(aa) the date on which the Administrator (A) funds made available under subsection fluorinated carbon atoms, and finalizes a toxicity value for the (a)(2)(H) or (j)(5) of section 1445 of the Safe nonfluorinated carbon atoms. perfluoroalkyl or polyfluoroalkyl substance Drinking Water Act (42 U.S.C. 300j–4); or SEC. 1732. PERFORMANCE STANDARD FOR THE or class of perfluoroalkyl or polyfluoroalkyl (B) any other funds made available for that DETECTION OF PERFLUORINATED COMPOUNDS. substances; and purpose. (a) IN GENERAL.—The Director shall estab- ‘‘(bb) the date on which the Administrator SEC. 1723. ENFORCEMENT. lish a performance standard for the detection validates an effective quality control and Notwithstanding any other provision of of perfluorinated compounds. testing procedure for the perfluoroalkyl or law, the Administrator may not impose fi- (b) EMPHASIS.— polyfluoroalkyl substance or class of nancial penalties for the violation of a na- (1) IN GENERAL.—In developing the per- perfluoroalkyl or polyfluoroalkyl substance, tional primary drinking water regulation (as formance standard under subsection (a), the if such a procedure did not exist on the date defined in section 1401 of the Safe Drinking Director shall emphasize the ability to de- on which the toxicity value described in item Water Act (42 U.S.C. 300f)) with respect to a tect as many perfluorinated compounds (aa) was finalized. perfluoroalkyl or polyfluoroalkyl substance present in the environment as possible using ‘‘(II) WAIVER.—The Administrator may or class of perfluoroalkyl or polyfluoroalkyl analytical methods that— waive the requirements of subclause (I) with substances for which a national primary (A) achieve limits of quantitation (as de- respect to a perfluoroalkyl or drinking water regulation has been promul- fined in the document of the United States polyfluoroalkyl substance or class of gated under clause (i) or (vi) of subparagraph Geological Survey entitled ‘‘Analytical perfluoroalkyl and polyfluoroalkyl sub- (D) of section 1412(b)(2) of the Safe Drinking Methods for Chemical Analysis of Geologic stances if the Administrator determines that Water Act (42 U.S.C. 300g–1(b)(2)) earlier than and Other Materials, U.S. Geological Sur- there is a substantial likelihood that the the date that is 5 years after the date on vey’’ and dated 2002); and perfluoroalkyl or polyfluoroalkyl substance which the Administrator promulgates the (B) are as sensitive as is feasible and prac- or class of perfluoroalkyl or polyfluoroalkyl national primary drinking water regulation. ticable. substances will not occur in drinking SEC. 1724. EMERGING CONTAMINANTS GRANTS. (2) REQUIREMENT.—In developing the per- water.’’. Part E of the Safe Drinking Water Act (42 formance standard under subsection (a), the SEC. 1722. MONITORING AND DETECTION. U.S.C. 300j et seq.) is amended by adding at Director may— (a) MONITORING PROGRAM FOR UNREGU- the end the following: (A) develop quality assurance and quality LATED CONTAMINANTS.— ‘‘SEC. 1459E. EMERGING CONTAMINANTS GRANTS. control measures to ensure accurate sam- (1) IN GENERAL.—The Administrator shall ‘‘(a) IN GENERAL.—Subject to subsection pling and testing; include each substance described in para- (b), the Administrator shall establish a pro- (B) develop a training program with re- graph (2) in the fifth publication of the list of gram to provide grants to public water sys- spect to the appropriate method of sample

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.076 S18JNPT1 S3712 CONGRESSIONAL RECORD — SENATE June 18, 2019 collection and analysis of perfluorinated taminant of emerging concern’’ and ‘‘emerg- to be necessary to carry out this subsection, compounds; and ing contaminant’’ mean a contaminant— appointed by the head of the respective agen- (C) coordinate with the Administrator, in- (A) for which the Administrator has not cy. cluding, if appropriate, coordinating to de- promulgated a national primary drinking (3) EXISTING WORKING GROUP.—The Admin- velop media-specific, validated analytical water regulation; and istrator may expand or modify the duties of methods to detect individual and different (B) that may have an adverse effect on the an existing working group to perform the du- perfluorinated compounds simultaneously. health of individuals. ties of the Working Group under this sub- SEC. 1733. NATIONWIDE SAMPLING. (3) FEDERAL RESEARCH STRATEGY.—The section. (a) IN GENERAL.—The Director shall carry term ‘‘Federal research strategy’’ means the (c) NATIONAL EMERGING CONTAMINANT RE- out a nationwide sampling to determine the coordinated cross-agency plan for addressing SEARCH INITIATIVE.— critical research gaps related to detecting, concentration of perfluorinated compounds (1) FEDERAL RESEARCH STRATEGY.— assessing exposure to, and identifying the in estuaries, lakes, streams, springs, wells, (A) IN GENERAL.—Not later than 180 days wetlands, rivers, aquifers, and soil using the adverse health effects of emerging contami- after the date of enactment of this Act, the performance standard developed under sec- nants in drinking water developed by the Of- Director of the Office of Science and Tech- tion 1732(a). fice of Science and Technology Policy in re- nology Policy (referred to in this subsection (b) REQUIREMENTS.—In carrying out the sponse to the report of the Committee on Ap- as the ‘‘Director’’) shall coordinate with the propriations of the Senate accompanying S. sampling under subsection (a), the Director heads of the agencies described in subpara- 1662 of the 115th Congress (S. Rept. 115–139). shall— graph (C) to establish a research initiative, (4) TECHNICAL ASSISTANCE AND SUPPORT.— (1) first carry out the sampling at sources to be known as the ‘‘National Emerging Con- The term ‘‘technical assistance and support’’ of drinking water near locations with known taminant Research Initiative’’, that shall— includes— or suspected releases of perfluorinated com- (i) use the Federal research strategy to im- (A) assistance with— pounds; prove the identification, analysis, moni- (i) identifying appropriate analytical (2) when carrying out sampling of sources toring, and treatment methods of contami- methods for the detection of contaminants; of drinking water under paragraph (1), carry nants of emerging concern; and out the sampling prior to any treatment of (ii) understanding the strengths and limitations of the analytical methods described (ii) develop any necessary program, policy, the water; or budget to support the implementation of (3) survey for ecological exposure to in clause (i); (iii) troubleshooting the analytical meth- the Federal research strategy, including perfluorinated compounds, with a priority in mechanisms for joint agency review of re- determining direct human exposure through ods described in clause (i); (B) providing advice on laboratory certifi- search proposals, for interagency cofunding drinking water; and of research activities, and for information (4) consult with— cation program elements; (C) interpreting sample analysis results; sharing across agencies. (A) States to determine areas that are a (B) RESEARCH ON EMERGING CONTAMI- priority for sampling; and (D) providing training with respect to proper analytical techniques; NANTS.—In carrying out subparagraph (A), (B) the Administrator— the Director shall— (i) to enhance coverage of the sampling; (E) identifying appropriate technology for the treatment of contaminants; and (i) take into consideration consensus con- and clusions from peer-reviewed, pertinent re- (ii) to avoid unnecessary duplication. (F) analyzing samples, if— (i) the analysis cannot be otherwise ob- search on emerging contaminants; and (c) REPORT.—Not later than 90 days after (ii) in consultation with the Adminis- the completion of the sampling under sub- tained in a practicable manner otherwise; and trator, identify priority emerging contami- section (a), the Director shall prepare a re- nants for research emphasis. port describing the results of the sampling (ii) the capability and capacity to perform the analysis is available at a Federal facil- (C) FEDERAL PARTICIPATION.—The agencies and submit the report to— referred to in subparagraph (A) include— (1) the Committee on Environment and ity. (5) WORKING GROUP.—The term ‘‘Working (i) the National Science Foundation; Public Works and the Committee on Energy (ii) the National Institutes of Health; and Natural Resources of the Senate; Group’’ means the Working Group established under section 1742(b)(1). (iii) the Environmental Protection Agency; (2) the Committee on Energy and Com- (iv) the National Institute of Standards merce of the House of Representatives; SEC. 1742. RESEARCH AND COORDINATION PLAN FOR ENHANCED RESPONSE ON and Technology; (3) the Senators of each State in which the (v) the United States Geological Survey; Director carried out the sampling; and EMERGING CONTAMINANTS. (a) IN GENERAL.—The Administrator and (4) each Member of the House of Represent- shall— (vi) any other Federal agency that contrib- atives that represents a district in which the (1) review Federal efforts— utes to research in water quality, environ- Director carried out the sampling. (A) to identify, monitor, and assist in the mental exposures, and public health, as de- SEC. 1734. DATA USAGE. development of treatment methods for termined by the Director. (a) IN GENERAL.—The Director shall pro- emerging contaminants; and (D) PARTICIPATION FROM ADDITIONAL ENTI- vide the sampling data collected under sec- (B) to assist States in responding to the TIES.—In carrying out subparagraph (A), the tion 1733 to— human health risks posed by contaminants Director shall consult with nongovernmental (1) the Administrator; and of emerging concern; and organizations, State and local governments, (2) other Federal and State regulatory (2) in collaboration with owners and opera- and science and research institutions deter- agencies on request. tors of public water systems, States, and mined by the Director to have scientific or (b) USAGE.—The sampling data provided material interest in the National Emerging under subsection (a) shall be used to inform other interested stakeholders, establish a Contaminant Research Initiative. and enhance assessments of exposure, likely strategic plan for improving the Federal ef- (2) IMPLEMENTATION OF RESEARCH REC- health and environmental impacts, and re- forts referred to in paragraph (1). (b) INTERAGENCY WORKING GROUP ON OMMENDATIONS.— mediation priorities. EMERGING CONTAMINANTS.— (A) IN GENERAL.—Not later than 1 year SEC. 1735. COLLABORATION. (1) IN GENERAL.—Not later than 180 days after the date on which the Director and In carrying out this subtitle, the Director after the date of enactment of this Act, the heads of the agencies described in paragraph shall collaborate with— Administrator and the Secretary of Health (1)(C) establish the National Emerging Con- (1) appropriate Federal and State regu- and Human Services shall jointly establish a taminant Research Initiative under para- lators; Working Group to coordinate the activities graph (1)(A), the head of each agency de- (2) institutions of higher education; of the Federal Government to identify and scribed in paragraph (1)(C) shall— (3) research institutions; and analyze the public health effects of drinking (i) issue a solicitation for research pro- (4) other expert stakeholders. water contaminants of emerging concern. posals consistent with the Federal research SEC. 1736. AUTHORIZATION OF APPROPRIATIONS. (2) MEMBERSHIP.—The Working Group shall strategy; and There are authorized to be appropriated to include representatives of the following: (ii) make grants to applicants that submit the Director to carry out this subtitle— (A) The Environmental Protection Agency, research proposals selected by the National (1) $5,000,000 for fiscal year 2020; and appointed by the Administrator. Emerging Contaminant Research Initiative (2) $10,000,000 for each of fiscal years 2021 (B) The following agencies, appointed by in accordance with subparagraph (B). through 2024. the Secretary of Health and Human Services: (B) SELECTION OF RESEARCH PROPOSALS.— Subtitle D—Safe Drinking Water Assistance (i) The National Institutes of Health. The National Emerging Contaminant Re- SEC. 1741. DEFINITIONS. (ii) The Centers for Disease Control and search Initiative shall select research pro- In this subtitle: Prevention. posals to receive grants under this paragraph (1) CONTAMINANT.—The term ‘‘contami- (iii) The Agency for Toxic Substances and on the basis of merit, using criteria identi- nant’’ means any physical, chemical, biologi- Disease Registry. fied by the Director, including the likelihood cal, or radiological substance or matter in (C) The United States Geological Survey, that the proposed research will result in sig- water. appointed by the Secretary of the Interior. nificant progress toward achieving the objec- (2) CONTAMINANT OF EMERGING CONCERN; (D) Any other Federal agency the assist- tives identified in the Federal research strat- EMERGING CONTAMINANT.—The terms ‘‘con- ance of which the Administrator determines egy.

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(C) ELIGIBLE ENTITIES.—Any entity or (iii) PRIORITIZATION.—In selecting States to SEC. 1752. SIGNIFICANT NEW USE RULE FOR group of 2 or more entities may submit to receive technical assistance and support LONG-CHAIN PFAS. the head of each agency described in para- under this paragraph, the Administrator— Not later than June 22, 2020, the Adminis- graph (1)(C) a research proposal in response (I) shall give priority to States with af- trator shall take final action on the signifi- to the solicitation for research proposals de- fected areas primarily in financially dis- cant new use rule proposed by the Adminis- scribed in subparagraph (A)(i), including— tressed communities; trator under the Toxic Substances Control (i) State and local agencies; (II) may— Act (15 U.S.C. 2601 et seq.) in the proposed (ii) public institutions, including public in- (aa) waive the application process in an rule entitled ‘‘Long-Chain Perfluoroalkyl stitutions of higher education; emergency situation; and Carboxylate and Perfluoroalkyl Sulfonate (iii) private corporations; and (bb) require an abbreviated application Chemical Substances; Significant New Use (iv) nonprofit organizations. process for the continuation of work speci- Rule’’ (80 Fed. Reg. 2885 (January 21, 2015)). fied in a previously approved application SEC. 1753. PFAS DESTRUCTION AND DISPOSAL (d) FEDERAL TECHNICAL ASSISTANCE AND GUIDANCE. SUPPORT FOR STATES.— that continues to meet the criteria described in clause (ii); and (a) IN GENERAL.—Not later than 1 year (1) STUDY.— after the date of enactment of this Act, the (A) IN GENERAL.—Not later than 1 year (III) shall consider the relative expertise and availability of— Administrator shall publish interim guid- after the date of enactment of this Act, the ance on the destruction and disposal of (aa) Federal and non-Federal laboratory Administrator shall conduct a study on ac- perfluoroalkyl and polyfluoroalkyl sub- capacity available to the State; tions the Administrator can take to increase stances and materials containing (bb) analytical resources available to the technical assistance and support for States perfluoroalkyl and polyfluoroalkyl sub- State; and with respect to emerging contaminants in stances, including— (cc) other types of technical assistance drinking water samples. (1) aqueous film-forming foam; available to the State. (B) CONTENTS OF STUDY.—In carrying out (2) soil and biosolids; (C) DATABASE OF AVAILABLE RESOURCES.— the study described in subparagraph (A), the (3) textiles treated with perfluoroalkyl and The Administrator shall establish and main- Administrator shall identify— polyfluoroalkyl substances; and tain a database of resources available (i) methods and effective treatment op- (4) spent filters, membranes, and other through the program developed under sub- tions to increase technical assistance and waste from water treatment. paragraph (A) to assist States with testing support with respect to emerging contami- (b) CONSIDERATIONS; INCLUSIONS.—The in- nants to States, including identifying oppor- for emerging contaminants that— terim guidance under subsection (a) shall— tunities for States to improve communica- (i) is— (1) take into consideration— tion with various audiences about the risks (I) available to States and stakeholder (A) the potential for releases of associated with emerging contaminants; groups determined by the Administrator to perfluoroalkyl and polyfluoroalkyl sub- (ii) means to facilitate access to qualified have scientific or material interest in emerg- stances during destruction or disposal, in- contract testing laboratory facilities that ing contaminants, including— cluding through volatilization, air disper- conduct analyses for emerging contami- (aa) drinking water and wastewater utili- sion, or leachate; and nants; and ties; (B) potentially vulnerable populations liv- (iii) actions to be carried out at existing (bb) laboratories; ing near likely destruction or disposal sites; Federal laboratory facilities, including the (cc) Federal and State emergency respond- and research facilities of the Administrator, to ers; (2) provide guidance on testing and moni- provide technical assistance and support for (dd) State primacy agencies; toring air, effluent, and soil near potential States that require testing facilities for (ee) public health agencies; and destruction or disposal sites for releases de- emerging contaminants. (ff) water associations; scribed in paragraph (1)(A). (C) AVAILABILITY OF ANALYTICAL RE- (II) searchable; and (c) REVISIONS.—The Administrator shall SOURCES.—In carrying out the study de- (III) accessible through the website of the publish revisions to the interim guidance scribed in subparagraph (A), the Adminis- Administrator; and under subsection (a) as the Administrator trator shall consider— (ii) includes a description of— determines to be appropriate, but not less (i) the availability of— (I) qualified contract testing laboratory fa- frequently than once every 3 years. (I) Federal and non-Federal laboratory ca- cilities that conduct analyses for emerging SEC. 1754. PFAS RESEARCH AND DEVELOPMENT. pacity; and contaminants; and (a) IN GENERAL.—The Administrator, act- (II) validated methods to detect and ana- (II) the resources available in Federal lab- ing through the Assistant Administrator for lyze contaminants; and oratory facilities to test for emerging con- the Office of Research and Development, (ii) other factors determined to be appro- taminants. shall— priate by the Administrator. (D) WATER CONTAMINANT INFORMATION (1)(A) further examine the effects of (2) REPORT.—Not later than 18 months TOOL.—The Administrator shall integrate perfluoroalkyl and polyfluoroalkyl sub- after the date of enactment of this Act, the the database established under subparagraph stances on human health and the environ- Administrator shall submit to Congress a re- (C) into the Water Contaminant Information ment; and port describing the results of the study de- Tool of the Environmental Protection Agen- (B) make publicly available information scribed in paragraph (1). cy. relating to the findings under subparagraph (3) PROGRAM TO PROVIDE FEDERAL ASSIST- (4) FUNDING.—Of the amounts available to (A); ANCE TO STATES.— the Administrator, the Administrator may (2) develop a process for prioritizing which (A) IN GENERAL.—Not later than 3 years use not more than $15,000,000 in a fiscal year perfluoroalkyl and polyfluoroalkyl sub- after the date of enactment of this Act, to carry out this subsection. stances, or classes of perfluoroalkyl and based on the findings in the report described (e) REPORT.—Not less frequently than once polyfluoroalkyl substances, should be sub- in paragraph (2), the Administrator shall de- every 2 years until 2029, the Administrator ject to additional research or regulatory ef- velop a program to provide technical assist- shall submit to Congress a report that de- forts that is based on— ance and support to eligible States for the scribes the progress made in carrying out (A) the potential for human exposure to testing and analysis of emerging contami- this subtitle. the substances or classes of substances; nants. (f) EFFECT.—Nothing in this section modi- (B) the potential toxicity of the substances (B) APPLICATION.— fies any obligation of a State, local govern- or classes of substances; and (i) IN GENERAL.—To be eligible for tech- ment, or Indian Tribe with respect to treat- (C) information available about the sub- nical assistance and support under this para- ment methods for, or testing or monitoring stances or classes of substances; graph, a State shall submit to the Adminis- of, drinking water. (3) develop new tools to characterize and trator an application at such time, in such Subtitle E—Miscellaneous identify perfluoroalkyl and polyfluoroalkyl manner, and containing such information as substances in the environment, including in the Administrator may require. SEC. 1751. PFAS DATA CALL. drinking water, wastewater, surface water, (ii) CRITERIA.—The Administrator shall Section 8(a) of the Toxic Substances Con- groundwater, solids, and the air; evaluate an application for technical assist- trol Act (15 U.S.C. 2607(a)) is amended by (4) evaluate approaches for the remedi- ance and support under this paragraph on adding at the end the following: ation of contamination by perfluoroalkyl the basis of merit using criteria identified by ‘‘(7) PFAS DATA.—Not later than January and polyfluoroalkyl substances in the envi- the Administrator, including— 1, 2023, the Administrator shall promulgate a ronment; and (I) the laboratory facilities available to the rule in accordance with this subsection re- (5) develop and implement new tools and State; quiring each person who has manufactured a materials to communicate with the public (II) the availability and applicability of ex- chemical substance that is a perfluoroalkyl about perfluoroalkyl and polyfluoroalkyl isting analytical methodologies; or polyfluoroalkyl substance in any year substances. (III) the potency and severity of the emerg- since January 1, 2006, to submit to the Ad- (b) FUNDING.—There is authorized to be ap- ing contaminant, if known; and ministrator a report that includes, for each propriated to the Administrator to carry out (IV) the prevalence and magnitude of the year since January 1, 2006, the information this section $15,000,000 for each of fiscal years emerging contaminant. described in paragraph (2).’’. 2020 through 2024.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.076 S18JNPT1 S3714 CONGRESSIONAL RECORD — SENATE June 18, 2019 SA 704. Mr. PAUL (for himself and section (f), and the exercise of any emer- ‘‘(B) PROCEEDING TO CONSIDERATION.—Not- Mr. WYDEN) submitted an amendment gency power or authority pursuant to that withstanding Rule XXII of the Standing intended to be proposed by him to the emergency, shall terminate on the date that Rules of the Senate, when the committee to bill S. 1790, to authorize appropriations is 90 days after the President declares the which a joint resolution of approval is re- emergency (or the emergency was previously ferred has reported the resolution, or when for fiscal year 2020 for military activi- renewed under this subsection), unless, be- that committee is discharged under subpara- ties of the Department of Defense, for fore the termination of the emergency— graph (A) from further consideration of the military construction, and for defense ‘‘(1) the President publishes in the Federal resolution, it is at any time thereafter in activities of the Department of Energy, Register and transmits to Congress an Exec- order (even though a previous motion to the to prescribe military personnel utive order— same effect has been disagreed to) for a mo- strengths for such fiscal year, and for ‘‘(A) renewing the emergency; and tion to proceed to the consideration of the other purposes; which was ordered to ‘‘(B) specifying the provisions of law made joint resolution, and all points of order lie on the table; as follows: available for use in the event of an emer- against the joint resolution (and against gency pursuant to which the President pro- consideration of the joint resolution) are At the appropriate place, insert the fol- poses that the President, or another official, waived. The motion to proceed is not debat- lowing: will exercise emergency powers or authori- able. The motion is not subject to amend- Subtitle ll—Congressional Approval of ties; and ment, or to a motion to postpone, or to a National Emergencies ‘‘(2) there is enacted a joint resolution of motion to proceed to the consideration of SEC. ll01. SHORT TITLE. approval with respect to— other business. This subtitle may be cited as the ‘‘Reform- ‘‘(A) the renewal of the emergency; and ‘‘(C) AMENDMENTS.—No amendments shall ing Emergency Powers to Uphold the Bal- ‘‘(B) the exercise of that power or author- be in order with respect to a joint resolution ances and Limitations Inherent in the Con- ity. of approval, except for amendments that stitution Act’’ or the ‘‘REPUBLIC Act’’. ‘‘(e) PROHIBITION ON SUBSEQUENT ACTIONS IF strike provisions from the list of provisions of law required by paragraph (1)(B) or other- SEC. ll02. CONGRESSIONAL APPROVAL OF NA- EMERGENCIES NOT APPROVED.— TIONAL EMERGENCY DECLARA- ‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint wise narrow the scope of emergency powers TIONS. resolution of approval is not enacted pursu- and authorities authorized to be exercised (a) IN GENERAL.—Section 201 of the Na- ant to subsection (f) with respect to a na- pursuant to such provisions of law. tional Emergencies Act (50 U.S.C. 1621) is tional emergency declared under subsection ‘‘(D) MOTION TO RECONSIDER FINAL VOTE.—A amended to read as follows: (a) or proposed to be renewed under sub- motion to reconsider a vote on final passage of a joint resolution of approval shall not be ‘‘SEC. 201. DECLARATION AND CONGRESSIONAL section (d), the President may not, during APPROVAL OF NATIONAL EMER- the remainder of the term of office of that in order. GENCIES. President, declare a subsequent national ‘‘(E) APPEALS.—Points of order, including ‘‘(a) IN GENERAL.—With respect to Acts of emergency under subsection (a) with respect questions of relevancy, and appeals from the Congress authorizing the exercise, during the to the same circumstances. decision of the Presiding Officer, shall be de- period of a national emergency, of any spe- ‘‘(2) EXERCISE OF AUTHORITIES.—If a joint cided without debate. cial or extraordinary power, the President is resolution of approval is not enacted pursu- ‘‘(5) CONSIDERATION IN HOUSE OF REPRESENT- authorized to declare such national emer- ant to subsection (f) with respect to a power ATIVES.—In the House of Representatives, if gency. Such proclamation shall immediately or authority proposed by the President under any committee to which a joint resolution of be transmitted to Congress and published in subsection (b) to be exercised with respect to approval has been referred has not reported the Federal Register. a national emergency, the President may it to the House at the end of 2 calendar days ‘‘(b) SPECIFICATION OF POWERS AND AU- not, during the remainder of the term of of- after its introduction, that committee shall THORITIES.—The President shall specify, in fice of that President, exercise that power or be discharged from further consideration of the proclamation declaring a national emer- authority with respect to that emergency. the joint resolution, and the resolution shall gency under subsection (a) or in one or more ‘‘(f) JOINT RESOLUTIONS OF APPROVAL.— be placed on the appropriate calendar. It contemporaneous or subsequent Executive ‘‘(1) JOINT RESOLUTION OF APPROVAL DE- shall be in order at any time for the Speaker orders published in the Federal Register and FINED.—For purposes of this section, the to recognize a Member who favors passage of transmitted to Congress, the provisions of term ‘joint resolution of approval’ means a a joint resolution to call up that joint reso- law made available for use in the event of an joint resolution that contains after its re- lution for immediate consideration in the emergency pursuant to which the President solving clause— House without intervention of any point of proposes that the President, or another offi- ‘‘(A) a provision approving— order. When so called up a joint resolution cial, will exercise emergency powers or au- ‘‘(i) a proclamation of a national emer- shall be considered as read and shall be de- thorities. gency made under subsection (a); batable for 1 hour equally divided and con- ‘‘(c) TERMINATION AFTER 72 HOURS UNLESS ‘‘(ii) an Executive order issued under sub- trolled by the proponent and an opponent. It APPROVED BY CONGRESS.— section (b) specifying the provisions of law shall not be in order to reconsider the vote ‘‘(1) IN GENERAL.—Except as provided in pursuant to which the President proposes to on passage. paragraph (2), a national emergency declared exercise emergency powers or authorities; or ‘‘(6) RECEIPT OF RESOLUTION FROM OTHER under subsection (a), and the exercise of ‘‘(iii) an Executive order issued under sub- HOUSE.—If, before passing a joint resolution emergency powers and authorities pursuant section (d) renewing a national emergency; of approval, one House receives a joint reso- to provisions of law described in subsection and lution of approval from the other House, (b), shall terminate at the time specified in ‘‘(B) a provision approving a list of all or then— paragraph (3). some of the provisions of law specified by the ‘‘(A) the joint resolution of the other ‘‘(2) APPROVAL BY CONGRESS REQUIRED.—A President under subsection (b) and included House shall not be referred to a committee national emergency declared under sub- in the proclamation or Executive order, as and shall be deemed to have been discharged section (a), and the exercise of any emer- the case may be. from committee on the day it is received; gency power or authority pursuant to a pro- ‘‘(2) INTRODUCTION.—After the President and vision of law described in subsection (b), may transmits to Congress a proclamation de- ‘‘(B) the procedures set forth in paragraph continue after the time specified in para- scribed in clause (i) of paragraph (1)(A) or an (4) or (5), as applicable, shall apply in the re- graph (3) only if, before that time, there is Executive order described in clause (ii) or ceiving House to the joint resolution re- enacted into law a joint resolution of ap- (iii) of that paragraph, a joint resolution of ceived from the other House to the same ex- proval pursuant to subsection (f) approving— approval may be introduced in either House tent as such procedures apply to a joint reso- ‘‘(A) the declaration of the emergency; and of Congress by any Member of that House. lution of the receiving House. ‘‘(B) the exercise of that power or author- ‘‘(3) COMMITTEE REFERRAL.—A joint resolu- ‘‘(g) EFFECT OF LATER-ENACTED LAWS.—No ity. tion of approval shall be referred in each law enacted after the date of the enactment ‘‘(3) TIME SPECIFIED.—The time specified in House of Congress to the committee or com- of this Act shall supersede this title unless it this paragraph is— mittees having jurisdiction over the emer- does so in specific terms, referring to this ‘‘(A) except as provided in subparagraph gency powers and authorities invoked by the title, and declaring that the new law super- (B), 72 hours after the President declares the proclamation or Executive order that is the sedes the provisions of this title.’’. national emergency; or subject of the joint resolution. ‘‘(B) if Congress is unable to convene dur- ‘‘(4) CONSIDERATION IN SENATE.— (b) CONFORMING AMENDMENTS.—The Na- ing the 72-hour period described in subpara- ‘‘(A) REPORTING AND DISCHARGE.—If the tional Emergencies Act (50 U.S.C. 1601 et graph (A), 72 hours after Congress first con- committee to which a joint resolution of ap- seq.) is amended— venes after the declaration of the emergency. proval has been referred has not reported it (1) in section 202— ‘‘(d) TERMINATION AFTER 90 DAYS UNLESS at the end of 2 calendar days after its intro- (A) in subsection (a)— RENEWED WITH CONGRESSIONAL APPROVAL.— duction, that committee shall be automati- (i) in the matter preceding paragraph (1), A national emergency declared under sub- cally discharged from further consideration by striking ‘‘declared by the President in ac- section (a) with respect to which a joint res- of the resolution and it shall be placed on cordance with this title’’ and inserting ‘‘in olution of approval is enacted under sub- the calendar. effect under section 201’’; and

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.072 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3715 (ii) in the flush text, by striking ‘‘declared year, and for other purposes; which was (B) any amendment or exhibit to the docu- by the President’’ and inserting ‘‘in effect ordered to lie on the table; as follows: ment or exhibits referenced in subparagraph under section 201’’; At the end of subtitle E of title X, add the (A) to make the document or exhibits con- (B) in subsection (c), by striking paragraph following: sistent with this section. (5); and (2) ALLOTMENT.—The term ‘‘allotment’’ SEC. 1045. PROHIBITION ON THE INDEFINITE DE- (C) by amending subsection (d) to read as TENTION OF PERSONS BY THE means a parcel of land— follows: UNITED STATES. (A) granted out of the public domain that ‘‘(d) Subsection (b) and section 201(f) are (a) LIMITATION ON DETENTION.—Section 4001 is— enacted by Congress— of title 18, United States Code, is amended— (i) located within the exterior boundaries ‘‘(1) as an exercise of the rulemaking power (1) by striking subsection (a) and inserting of the Reservation; or of the Senate and the House of Representa- the following: (ii) Bureau of Indian Affairs parcel number tives, respectively, and as such they are ‘‘(a) No person shall be imprisoned or oth- 792 634511 in San Juan County, Utah, con- deemed a part of the rules of each House, re- erwise detained by the United States except sisting of 160 acres located in Township 41S, spectively, but applicable only with respect consistent with the Constitution.’’; Range 20E, sections 11, 12, and 14, originally to the procedure to be followed in the House (2) by redesignating subsection (b) as sub- set aside by the United States for the benefit in the case of resolutions described by this section (c); and of an individual identified in the allotting title, and they supersede other rules only to (3) by inserting after subsection (a) the fol- document as a Navajo Indian; and the extent that they are inconsistent there- lowing: (B) held in trust by the United States— with; and ‘‘(b)(1) A general authorization to use mili- (i) for the benefit of an individual, individ- ‘‘(2) with full recognition of the constitu- tary force, a declaration of war, or any simi- uals, or an Indian Tribe other than the Nav- tional right of either House to change the lar authority, on its own, shall not be con- ajo Nation; or rules (so far as relating to the procedure of strued to authorize the imprisonment or de- (ii) in part for the benefit of the Navajo that House) at any time, in the same man- tention without charge or trial of a person Nation as of the enforceability date. ner, and to the same extent as in the case of apprehended in the United States. (3) ALLOTTEE.—The term ‘‘allottee’’ means any other rule of that House.’’. ‘‘(2) Paragraph (1) applies to an authoriza- an individual or Indian Tribe with a bene- (2) by striking title III. tion to use military force, a declaration of ficial interest in an allotment held in trust SEC. ll03. REPEAL OF EMERGENCY AUTHORITY war, or any similar authority enacted before, by the United States. TO SUSPEND TELECOMMUNI- on, or after the date of the enactment of the (4) ENFORCEABILITY DATE.—The term ‘‘en- CATIONS RULES AND REGULATIONS. National Defense Authorization Act for Fis- forceability date’’ means the date on which Section 706 of the Communications Act of cal Year 2020. the Secretary publishes in the Federal Reg- 1934 (47 U.S.C. 606) is amended by striking ‘‘(3) This section shall not be construed to ister the statement of findings described in subsection (c). authorize the imprisonment or detention of subsection (g)(1). SEC. ll04. APPLICABILITY. any person who is apprehended in the United (5) GENERAL STREAM ADJUDICATION.—The Except as provided in section ll06(a), the States.’’. term ‘‘general stream adjudication’’ means (b) REPEAL OF AUTHORITY OF THE ARMED amendments made by this subtitle shall the adjudication pending, as of the date of FORCES OF THE UNITED STATES TO DETAIN apply with respect to national emergencies enactment, in the Seventh Judicial District COVERED PERSONS PURSUANT TO THE AUTHOR- declared under section 201 of the National in and for Grand County, State of Utah, com- IZATION FOR USE OF MILITARY FORCE.—Sec- Emergencies Act (50 U.S.C. 1621) on or after monly known as the ‘‘Southeastern Colorado tion 1021 of the National Defense Authoriza- the date of the enactment of this Act. River General Adjudication’’, Civil No. tion Act for Fiscal Year 2012 (Public Law SEC. ll05. TERMINATION OF EXISTING EMER- 810704477, conducted pursuant to State law. 112–81; 10 U.S.C. 801 note) is repealed. GENCY DECLARATIONS. (6) INJURY TO WATER RIGHTS.—The term Each national emergency declared under SA 706. Mr. ROMNEY (for himself, ‘‘injury to water rights’’ means an inter- section 201 of the National Emergencies Act ference with, diminution of, or deprivation Ms. MCSALLY, and Ms. SINEMA) sub- (50 U.S.C. 1621) before the date of the enact- of water rights under Federal or State law, ment of this Act (other than a national mitted an amendment intended to be excluding injuries to water quality. emergency described in section ll06(b)) proposed by him to the bill S. 1790, to (7) MEMBER.—The term ‘‘member’’ means shall terminate on such date of enactment. authorize appropriations for fiscal year any person who is a duly enrolled member of SEC. ll06. NONAPPLICABILITY WITH RESPECT 2020 for military activities of the De- the Navajo Nation. TO INTERNATIONAL EMERGENCY partment of Defense, for military con- (8) NAVAJO NATION OR NATION.—The term ECONOMIC POWERS ACT. struction, and for defense activities of ‘‘Navajo Nation’’ or ‘‘Nation’’ means a body (a) IN GENERAL.—In the case of a national the Department of Energy, to prescribe politic and federally recognized Indian na- emergency declared on or after the date of tion, as published on the list established the enactment of this Act under which the military personnel strengths for such under section 104(a) of the Federally Recog- President proposes to exercise emergency fiscal year, and for other purposes; nized Indian Tribe List Act of 1994 (25 U.S.C. powers and authorities pursuant to the which was ordered to lie on the table; 5131(a)), also known variously as the ‘‘Navajo International Emergency Economic Powers as follows: Nation’’, the ‘‘Navajo Nation of Arizona, New Act (50 U.S.C. 1701 et seq.)— At the end of subtitle H of title X, add the Mexico, & Utah’’, and the ‘‘Navajo Nation of (1) the amendments made by this subtitle following: Indians’’ and other similar names, and in- shall not apply; and SEC. 10ll. NAVAJO NATION WATER RIGHTS SET- cludes all bands of Navajo Indians and chap- (2) the provisions of the National Emer- TLEMENT. ters of the Navajo Nation and all divisions, gencies Act, as in effect on the day before (a) PURPOSES.—The purposes of this section agencies, officers, and agents thereof. such date of enactment, shall apply. are— (9) NAVAJO WATER DEVELOPMENT (b) CONTINUATION IN EFFECT OF NATIONAL (1) to achieve a fair, equitable, and final PROJECTS.—The term ‘‘Navajo water develop- EMERGENCY DECLARATIONS.—A national settlement of all claims to water rights in ment projects’’ means projects for domestic emergency declared before the date of the the State of Utah for— municipal water supply, including distribu- enactment of this Act under which the Presi- (A) the Navajo Nation; and tion infrastructure, and agricultural water dent exercises emergency powers and au- (B) the United States, for the benefit of the conservation, to be constructed, in whole or thorities pursuant to the International Nation; in part, using monies from the Navajo Water Emergency Economic Powers Act (50 U.S.C. (2) to authorize, ratify, and confirm the Development Projects Account. 1701 et seq.) shall— Agreement entered into by the Nation and (10) NAVAJO WATER RIGHTS.—The term (1) continue in effect on and after such the State, to the extent that the Agreement ‘‘Navajo water rights’’ means the Nation’s date of enactment; and is consistent with this section; water rights in Utah described in the agree- (2) terminate in accordance with the provi- (3) to authorize and direct the Secretary— ment and this section. sions of the National Emergencies Act, as in (A) to execute the Agreement; and (11) OM&R.—The term ‘‘OM&R’’ means op- effect on the day before such date of enact- (B) to take any actions necessary to carry eration, maintenance, and replacement. ment. out the agreement in accordance with this (12) PARTIES.—The term ‘‘parties’’ means section; and the Navajo Nation, the State, and the United SA 705. Mr. PAUL submitted an (4) to authorize funds necessary for the im- States. amendment intended to be proposed by plementation of the Agreement and this sec- (13) RESERVATION.—The term ‘‘Reserva- him to the bill S. 1790, to authorize ap- tion. tion’’ means, for purposes of the agreement propriations for fiscal year 2020 for (b) DEFINITIONS.—In this section: and this section, the Reservation of the Nav- military activities of the Department (1) AGREEMENT.—The term ‘‘agreement’’ ajo Nation in Utah as in existence on the means— date of enactment of this Act and depicted of Defense, for military construction, (A) the document entitled ‘‘Navajo Utah on the map attached to the agreement as Ex- and for defense activities of the De- Water Rights Settlement Agreement’’ dated hibit A, including any parcel of land granted partment of Energy, to prescribe mili- December 14, 2015, and the exhibits attached out of the public domain and held in trust by tary personnel strengths for such fiscal thereto; and the United States entirely for the benefit of

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.072 S18JNPT1 S3716 CONGRESSIONAL RECORD — SENATE June 18, 2019 the Navajo Nation as of the enforceability by the Navajo Nation for purposes of deple- and distribute all amounts in the Trust Fund date. tion accounting under the agreement. in a manner that is consistent with the in- (14) SECRETARY.—The term ‘‘Secretary’’ (D) IN GENERAL.—The Navajo water rights vestment authority of the Secretary under— means the Secretary of the United States are ratified, confirmed, and declared to be (i) the first section of the Act of June 24, Department of the Interior or a duly author- valid. 1938 (25 U.S.C. 162a); ized representative thereof. (E) USE.—Any use of the Navajo water (ii) the American Indian Trust Fund Man- (15) STATE.—The term ‘‘State’’ means the rights shall be subject to the terms and con- agement Reform Act of 1994 (25 U.S.C. 4001 et State of Utah and all officers, agents, depart- ditions of the agreement and this section. seq.); and ments, and political subdivisions thereof. (F) CONFLICT.—In the event of a conflict (iii) this subsection. (16) UNITED STATES.—The term ‘‘United between the agreement and this section, the (B) INVESTMENT EARNINGS.—In addition to States’’ means the United States of America provisions of this section shall control. the deposits under paragraph (3), any invest- and all departments, agencies, bureaus, offi- (2) TRUST STATUS OF NAVAJO WATER ment earnings, including interest, credited cers, and agents thereof. RIGHTS.—The Navajo water rights— to amounts held in the Trust Fund are au- (17) UNITED STATES ACTING IN ITS TRUST CA- (A) shall be held in trust by the United thorized to be appropriated to be used in ac- PACITY.—The term ‘‘United States acting in States for the use and benefit of the Nation cordance with the uses described in para- its trust capacity’’ means the United States in accordance with the agreement and this graph (8). section; and acting for the benefit of the Navajo Nation (5) AVAILABILITY OF AMOUNTS.—Amounts or for the benefit of allottees. (B) shall not be subject to forfeiture or appropriated to, and deposited in, the Trust abandonment. (c) RATIFICATION OF AGREEMENT.— Fund, including any investment earnings, (3) AUTHORITY OF THE NATION.— (1) APPROVAL BY CONGRESS.—Except to the shall be made available to the Nation by the (A) IN GENERAL.—The Nation shall have the extent that any provision of the agreement Secretary beginning on the enforceability authority to allocate, distribute, and lease conflicts with this section, Congress ap- date and subject to the uses and restrictions the Navajo water rights for any use on the proves, ratifies, and confirms the agreement set forth in this subsection. Reservation in accordance with the agree- (including any amendments to the agree- (6) WITHDRAWALS.— ment, this section, and applicable Tribal and ment that are executed to make the agree- (A) WITHDRAWALS UNDER THE AMERICAN IN- Federal law. ment consistent with this section). DIAN TRUST FUND MANAGEMENT REFORM ACT (B) OFF-RESERVATION USE.—The Nation (2) EXECUTION BY SECRETARY.—The Sec- may allocate, distribute, and lease the Nav- OF 1994.—The Nation may withdraw any por- retary is authorized and directed to prompt- ajo water rights for off-Reservation use in tion of the funds in the Trust Fund on ap- ly execute the agreement to the extent that accordance with the agreement, subject to proval by the Secretary of a tribal manage- the agreement does not conflict with this the approval of the Secretary. ment plan submitted by the Nation in ac- section, including— (C) ALLOTTEE WATER RIGHTS.—The Nation cordance with the American Indian Trust (A) any exhibits to the agreement requir- shall not object in the general stream adju- Fund Management Reform Act of 1994 (25 ing the signature of the Secretary; and dication or other applicable forum to the U.S.C. 4001 et seq.). (B) any amendments to the agreement nec- quantification of reasonable domestic and (i) REQUIREMENTS.—In addition to the re- essary to make the agreement consistent stock water uses on an allotment, and shall quirements under the American Indian Trust with this section. administer any water use on the Reservation Fund Management Reform Act of 1994 (25 (3) ENVIRONMENTAL COMPLIANCE.— in accordance with applicable Federal law, U.S.C. 4001 et seq.), the Tribal management (A) IN GENERAL.—In implementing the including recognition of— plan under this subparagraph shall require agreement and this section, the Secretary (i) any water use existing on an allotment that the Nation shall spend all amounts shall comply with all applicable provisions as of the date of enactment of this Act and withdrawn from the Trust Fund and any in- of— as subsequently reflected in the hydro- vestment earnings accrued through the in- (i) the Endangered Species Act of 1973 (16 graphic survey report referenced in sub- vestments under the Tribal management U.S.C. 1531 et seq.); section (f)(2); plan in accordance with this section. (ii) the National Environmental Policy Act (ii) reasonable domestic and stock water (ii) ENFORCEMENT.—The Secretary may of 1969 (42 U.S.C. 4321 et seq.); and uses on an allotment; and carry out such judicial and administrative (iii) all other applicable environmental (iii) any allotment water rights decreed in actions as the Secretary determines to be laws and regulations. the general stream adjudication or other ap- necessary to enforce the Tribal management (B) EXECUTION OF THE AGREEMENT.—Execu- propriate forum. plan to ensure that amounts withdrawn by tion of the agreement by the Secretary as (4) EFFECT.—Except as otherwise expressly the Nation from the Trust Fund under this provided for in this section shall not con- provided in this section, nothing in this sec- subparagraph are used in accordance with stitute a major Federal action under the Na- tion— this section. tional Environmental Policy Act of 1969 (42 (A) authorizes any action by the Nation (B) WITHDRAWALS UNDER EXPENDITURE U.S.C. 4321 et seq.). against the United States under Federal, PLAN.—The Nation may submit to the Sec- (d) NAVAJO WATER RIGHTS.— State, Tribal, or local law; or retary a request to withdraw funds from the (1) CONFIRMATION OF NAVAJO WATER (B) alters or affects the status of any ac- Trust Fund pursuant to an approved expendi- RIGHTS.— tion brought pursuant to section 1491(a) of ture plan. (A) QUANTIFICATION.—The Navajo Nation title 28, United States Code. (i) REQUIREMENTS.—To be eligible to with- shall have the right to use water from water (e) NAVAJO TRUST ACCOUNTS.— draw funds under an expenditure plan under sources located within Utah and adjacent to (1) ESTABLISHMENT.—The Secretary shall this subparagraph, the Nation shall submit or encompassed within the boundaries of the establish a trust fund, to be known as the to the Secretary for approval an expenditure Reservation resulting in depletions not to ‘‘Navajo Utah Settlement Trust Fund’’ (re- plan for any portion of the Trust Fund that exceed 81,500 acre-feet annually as described ferred to in this section as the ‘‘Trust the Nation elects to withdraw pursuant to in the agreement and as confirmed in the de- Fund’’), to be managed, invested, and distrib- this subparagraph, subject to the condition cree entered by the general stream adjudica- uted by the Secretary and to remain avail- that the funds shall be used for the purposes tion court. able until expended, consisting of the described in this section. (B) SATISFACTION OF ALLOTTEE RIGHTS.—De- amounts deposited in the Trust Fund under (ii) INCLUSIONS.—An expenditure plan pletions resulting from the use of water on paragraph (3), together with any interest under this subparagraph shall include a dean allotment shall be accounted for as a de- earned on those amounts, for the purpose of scription of the manner and purpose for pletion by the Navajo Nation for purposes of carrying out this section. which the amounts proposed to be withdrawn depletion accounting under the agreement, (2) ACCOUNTS.—The Secretary shall estab- from the Trust Fund will be used by the Na- including recognition of— lish in the Trust Fund the following Ac- tion, in accordance with paragraphs (3) and (i) any water use existing on an allotment counts: (8). as of the date of enactment of this Act and (A) The Navajo Water Development (iii) APPROVAL.—On receipt of an expendi- as subsequently reflected in the hydro- Projects Account. ture plan under this subparagraph, the Sec- graphic survey report referenced in sub- (B) The Navajo OM&R Account. retary shall approve the plan, if the Sec- section (f)(2); (3) DEPOSITS.—The Secretary shall deposit retary determines that the plan— (ii) reasonable domestic and stock water in the Trust Fund Accounts— (I) is reasonable; uses put into use on an allotment; and (A) in the Navajo Water Development (II) is consistent with, and will be used for, (iii) any allotment water rights that may Projects Account, the amounts made avail- the purposes of this section; and be decreed in the general stream adjudica- able pursuant to subsection (f)(1)(A); and (III) contains a schedule which described tion or other appropriate forum. (B) in the Navajo OM&R Account, the that tasks will be completed within 18 (C) SATISFACTION OF ON-RESERVATION STATE amount made available pursuant to sub- months of receipt of withdrawn amounts. LAW-BASED WATER RIGHTS.—Depletions re- section (f)(1)(B). (iv) ENFORCEMENT.—The Secretary may sulting from the use of water on the Reserva- (4) MANAGEMENT AND INTEREST.— carry out such judicial and administrative tion pursuant to State law-based water (A) MANAGEMENT.—Upon receipt and de- actions as the Secretary determines to be rights existing as of the date of enactment of posit of the funds into the Trust Fund Ac- necessary to enforce an expenditure plan to this Act shall be accounted for as depletions counts, the Secretary shall manage, invest, ensure that amounts disbursed under this

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.063 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3717 subparagraph are used in accordance with funding shall end on the date on which funds that accrued at any time up to and including this section. are deposited into the Trust Fund. the enforceability date. (7) EFFECT OF TITLE.—Nothing in this sec- (g) CONDITIONS PRECEDENT.— (2) CLAIMS BY THE NAVAJO NATION AGAINST tion gives the Nation the right to judicial re- (1) IN GENERAL.—The waivers and release THE UNITED STATES.—The Navajo Nation, on view of a determination of the Secretary re- contained in subsection (h) shall become ef- behalf of itself (including in its capacity as garding whether to approve a Tribal manage- fective as of the date the Secretary causes to allottee) and its members (other than mem- ment plan or an expenditure plan except be published in the Federal Register a state- bers in their capacity as allottees), shall exe- under subchapter II of chapter 5, and chapter ment of findings that— cute a waiver and release of— 7, of title 5, United States Code (commonly (A) to the extent that the agreement con- (A) all claims the Navajo Nation may have known as the ‘‘Administrative Procedure flicts with this section, the agreement has against the United States relating in any Act’’). been revised to conform with this section; manner to claims for water rights in, or (8) USES.—Amounts from the Trust Fund (B) the agreement, so revised, including water of, Utah that the United States acting shall be used by the Nation for the following waivers and releases of claims set forth in in its trust capacity for the Nation asserted, purposes: subsection (h), has been executed by the par- or could have asserted, in any proceeding, in- (A) The Navajo Water Development ties, including the United States; cluding the general stream adjudication; Projects Account shall be used to plan, de- (C) Congress has fully appropriated, or the (B) all claims the Navajo Nation may have sign, and construct the Navajo water devel- Secretary has provided from other author- against the United States relating in any opment projects and for the conduct of re- ized sources, all funds authorized under sub- manner to damages, losses, or injuries to lated activities, including to comply with section (f)(1); water, water rights, land, or other resources Federal environmental laws. (D) the State has enacted any necessary due to loss of water or water rights (includ- (B) The Navajo OM&R Account shall be legislation and provided the funding required ing damages, losses, or injuries to hunting, used for the operation, maintenance, and re- under the agreement and subsection (f)(3); fishing, gathering, or cultural rights due to placement of the Navajo water development and loss of water or water rights; claims relating projects. (E) the court has entered a final or inter- to interference with, diversion, or taking of (9) LIABILITY.—The Secretary and the Sec- locutory decree that— water; or claims relating to failure to pro- retary of the Treasury shall not be liable for (i) confirms the Navajo water rights con- tect, acquire, replace, or develop water or the expenditure or investment of any sistent with the agreement and this section; water rights) within Utah that first accrued amounts withdrawn from the Trust Fund by and at any time up to and including the enforce- the Nation under paragraph (8). (ii) with respect to the Navajo water ability date; (10) NO PER CAPITA DISTRIBUTIONS.—No por- rights, is final and nonappealable. (C) all claims the Nation may have against tion of the Trust Fund shall be distributed (2) EXPIRATION DATE.—If all the conditions the United States relating in any manner to on a per capita basis to any member of the precedent described in paragraph (1) have not the litigation of claims relating to the Na- Nation. been fulfilled to allow the Secretary’s state- tion’s water rights in proceedings in Utah; (11) EXPENDITURE REPORTS.—The Navajo ment of findings to be published in the Fed- and Nation shall submit to the Secretary annu- eral Register by October 31, 2030— (D) all claims the Nation may have against ally an expenditure report describing accom- (A) the agreement and this section, includ- the United States relating in any manner to plishments and amounts spent from use of ing waivers and releases of claims described the negotiation, execution, or adoption of withdrawals under a Tribal management in those documents, shall no longer be effec- the agreement or this section. plan or an expenditure plan as described in tive; (3) RESERVATION OF RIGHTS AND RETENTION this section. (B) any funds that have been appropriated OF CLAIMS BY THE NAVAJO NATION AND THE (f) AUTHORIZATION OF APPROPRIATIONS.— pursuant to subsection (f) but not expended, UNITED STATES.—Notwithstanding the waiv- (1) AUTHORIZATION.—There are authorized including any investment earnings on funds ers and releases authorized in this section, to be appropriated to the Secretary— that have been appropriated pursuant to the Navajo Nation, and the United States (A) for deposit in the Navajo Water Devel- such subsection, shall immediately revert to acting in its trust capacity for the Nation, opment Projects Account of the Trust Fund the general fund of the Treasury; and retain— established under subsection (e)(2)(A), (C) any funds contributed by the State pur- (A) all claims for injuries to and the en- $198,300,000, which funds shall be retained suant to subsection (f)(3) but not expended forcement of the agreement and the final or until expended, withdrawn, or reverted to shall be returned immediately to the State. interlocutory decree entered in the general the general fund of the Treasury; and (3) EXTENSION.—The expiration date set stream adjudication, through such legal and (B) for deposit in the Navajo OM&R Ac- forth in paragraph (2) may be extended if the equitable remedies as may be available in count of the Trust Fund established under Navajo Nation, the State, and the United the decree court or the Federal District subsection (e)(2)(B), $11,100,000, which funds States (acting through the Secretary) agree Court for the District of Utah; shall be retained until expended, withdrawn, that an extension is reasonably necessary. (B) all rights to use and protect water or reverted to the general fund of the Treas- (h) WAIVERS AND RELEASES.— rights acquired after the enforceability date; ury. (1) IN GENERAL.— (C) all claims relating to activities affect- (2) IMPLEMENTATION COSTS.—There is au- (A) WAIVER AND RELEASE OF CLAIMS BY THE ing the quality of water, including any thorized to be appropriated non-trust funds NATION AND THE UNITED STATES ACTING IN ITS claims under the Comprehensive Environ- in the amount of $1,000,000 to assist the CAPACITY AS TRUSTEE FOR THE NATION.—Sub- mental Response, Compensation, and Liabil- United States with costs associated with the ject to the retention of rights set forth in ity Act of 1980 (42 U.S.C. 9601 et seq. (includ- implementation of this section, including paragraph (3), in return for confirmation of ing claims for damages to natural re- the preparation of a hydrographic survey of the Navajo water rights and other benefits sources)), the Safe Drinking Water Act (42 historic and existing water uses on the Res- set forth in the agreement and this section, U.S.C. 300f et seq.), and the Federal Water ervation and on allotments. the Nation, on behalf of itself and the mem- Pollution Control Act (33 U.S.C. 1251 et seq.), (3) STATE COST SHARE.—The State shall bers of the Nation (other than members in the regulations implementing those Acts, contribute $8,000,000 payable to the Sec- their capacity as allottees), and the United and the common law; retary for deposit into the Navajo Water De- States, acting as trustee for the Nation and (D) all claims for water rights, and claims velopment Projects Account of the Trust members of the Nation (other than members for injury to water rights, in states other Fund established under subsection (e)(2)(A) in their capacity as allottees), are authorized than the State of Utah; in installments in each of the 3 years fol- and directed to execute a waiver and release (E) all claims, including environmental lowing the execution of the agreement by of— claims, under any laws (including regula- the Secretary as provided for in subsection (i) all claims for water rights within Utah tions and common law) relating to human (c)(2). based on any and all legal theories that the health, safety, or the environment; and (4) FLUCTUATION IN COSTS.—The amount au- Navajo Nation or the United States acting in (F) all rights, remedies, privileges, immu- thorized to be appropriated under paragraph its trust capacity for the Nation, asserted, or nities, and powers not specifically waived (1) shall be increased or decreased, as appro- could have asserted, at any time in any pro- and released pursuant to the agreement and priate, by such amounts as may be justified ceeding, including to the general stream ad- this section. by reason of ordinary fluctuations in costs judication, up to and including the enforce- (4) EFFECT.—Nothing in the agreement or occurring after the date of enactment of this ability date, except to the extent that such this section— Act as indicated by the Bureau of Reclama- rights are recognized in the agreement and (A) affects the ability of the United States tion Construction Cost Index—Composite this section; and acting in its sovereign capacity to take ac- Trend. (ii) all claims for damages, losses, or inju- tions authorized by law, including any laws (A) REPETITION.—The adjustment process ries to water rights or claims of interference relating to health, safety, or the environ- under this paragraph shall be repeated for with, diversion, or taking of water rights (in- ment, including the Comprehensive Environ- each subsequent amount appropriated until cluding claims for injury to lands resulting mental Response, Compensation, and Liabil- the amount authorized, as adjusted, has been from such damages, losses, injuries, inter- ity Act of 1980 (42 U.S.C. 9601 et seq.), the appropriated. ference with, diversion, or taking of water Safe Drinking Water Act (42 U.S.C. 300f et (B) PERIOD OF INDEXING.—The period of in- rights) within Utah against the State, or any seq.), the Federal Water Pollution Control dexing adjustment for any increment of person, entity, corporation, or municipality, Act (33 U.S.C. 1251 et seq.), the Solid Waste

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.063 S18JNPT1 S3718 CONGRESSIONAL RECORD — SENATE June 18, 2019 Disposal Act (42 U.S.C. 6901 et seq.), and the (k) ANTIDEFICIENCY.—The United States bill S. 1790, to authorize appropriations regulations implementing those laws; shall not be liable for any failure to carry for fiscal year 2020 for military activi- (B) affects the ability of the United States out any obligation or activity authorized by ties of the Department of Defense, for to take actions in its capacity as trustee for this section (including any obligation or ac- military construction, and for defense any other Indian Tribe or allottee; tivity under the agreement) if adequate ap- (C) confers jurisdiction on any State court propriations are not provided expressly by activities of the Department of Energy, to— Congress to carry out the purposes of this to prescribe military personnel (i) interpret Federal law regarding health, section. strengths for such fiscal year, and for safety, or the environment or determine the other purposes; which was ordered to duties of the United States or other parties SA 707. Mrs. HYDE-SMITH (for her- lie on the table; as follows: pursuant to such Federal law; and self, Ms. CANTWELL, and Mr. DAINES) At the appropriate place, add the fol- (ii) conduct judicial review of Federal submitted an amendment intended to lowing: agency action; or be proposed by her to the bill S. 1790, to (D) modifies, conflicts with, preempts, or SEC.ll LAND CONVEYANCE, HILL AIR FORCE authorize appropriations for fiscal year BASE, OGDEN, UTAH. otherwise affects— (i) the Boulder Canyon Project Act (43 2020 for military activities of the De- (a) CONVEYANCE REQUIRED.—The Secretary U.S.C. 617 et seq.); partment of Defense, for military con- of the Air Force may convey, for no mone- (ii) the Boulder Canyon Project Adjust- struction, and for defense activities of tary consideration, to the State of Utah or a ment Act (43 U.S.C. 618 et seq.); the Department of Energy, to prescribe designee of the State of Utah (in this section referred to as the ‘‘State’’) all right, title, (iii) the Act of April 11, 1956 (commonly military personnel strengths for such known as the ‘‘Colorado River Storage and interest of the United States in and to a fiscal year, and for other purposes; parcel of real property, including improve- Project Act’’) (43 U.S.C. 620 et seq.); which was ordered to lie on the table; (iv) the Colorado River Basin Project Act ments thereon, consisting of approximately (43 U.S.C. 1501 et seq.); as follows: 35 acres located at Hill Air Force Base com- (v) the Treaty between the United States At the end of subtitle H of title X, insert monly known as the ‘‘Defense Nontactical of America and Mexico respecting utilization the following: Generator and Rail Center’’ and such real of waters of the Colorado and Tijuana Rivers SEC. 1086. DESIGNATING THE WEEK OF SEP- property adjacent to the Center as the par- and of the Rio Grande, signed at Washington TEMBER 29 THROUGH OCTOBER 5, ties consider to be appropriate, for the pur- February 3, 1944 (59 Stat. 1219); 2019, AS ‘‘GOLD STAR FAMILIES RE- pose of permitting the State to construct a (vi) the Colorado River Compact of 1922, as MEMBRANCE WEEK’’. new interchange for Interstate 15. approved by the Presidential Proclamation (a) FINDINGS.—Congress makes the fol- (b) CONDITION PRECEDENT.—The convey- of June 25, 1929 (46 Stat. 3000); and lowing findings: ance authorized by subsection (a) shall be (vii) the Upper Colorado River Basin Com- (1) The last Sunday in September— contingent upon the relocation of the De- pact as consented to by the Act of April 6, (A) is designated as ‘‘Gold Star Mother’s fense Nontactical Generator and Rail Center. 1949 (63 Stat. 31, chapter 48). Day’’ under section 111 of title 36, United (c) TERMINATION AND REENTRY.—If the (5) TOLLING OF CLAIMS.— States Code; and State does not meet the conditions required (A) IN GENERAL.—Each applicable period of (B) was first designated as ‘‘Gold Star under subsection (d) by the date that is five limitation and time-based equitable defense Mother’s Day’’ under the Joint Resolution years after the date of the conveyance au- relating to a claim waived by the Navajo Na- entitled ‘‘Joint Resolution designating the thorized by subsection (a), or such later date tion described in this subsection shall be last Sunday in September as ‘Gold Star as the Secretary of the Air Force and the tolled for the period beginning on the date of Mother’s Day’, and for other purposes’’, ap- State may agree is reasonably necessary due enactment of this Act and ending on the en- proved June 23, 1936 (49 Stat. 1895). to unexpected circumstances, the Secretary forceability date. (2) There is no date dedicated to families of the Air Force may terminate such convey- (B) EFFECT.—Nothing in this paragraph re- affected by the loss of a loved one who died ance and reenter the property. vives any claim or tolls any period of limita- in service to the United States. (d) CONSIDERATION AND CONDITIONS OF CON- tion or time-based equitable defense that ex- (3) A gold star symbolizes a family member VEYANCE.—In consideration of and as a con- pired before the date of enactment of this who died in the line of duty while serving in dition to the conveyance authorized by sub- Act. the Armed Forces. section (a), the State shall agree to the fol- (C) LIMITATION.—Nothing in this sub- (4) The members and veterans of the lowing: section precludes the tolling of any period of Armed Forces, through their service, bear (1) Not later than two years after the con- limitations or any time-based equitable de- the burden of protecting the freedom of the veyance, the State shall, at no cost to the fense under any other applicable law. people of the United States. United States Government— (i) MISCELLANEOUS PROVISIONS.— (5) The selfless example of the service of (A) demolish all improvements and associ- (1) PRECEDENT.—Nothing in this section es- the members and veterans of the Armed ated infrastructure existing on the property; tablishes any standard for the quantification Forces, as well as the sacrifices made by the and or litigation of Federal reserved water rights families of those individuals, inspires all in- (B) conduct environmental cleanup and re- or any other Indian water claims of any dividuals in the United States to sacrifice mediation of the property, as required by law other Indian Tribe in any other judicial or and work diligently for the good of the and approved by the Utah Department of En- administrative proceeding. United States. vironmental Quality, for the planned rede- (2) OTHER INDIAN TRIBES.—Nothing in the (6) The sacrifices of the families of the fall- velopment and use of the property. agreement or this section shall be construed en members of the Armed Forces and the (2) Not later than three years after the in any way to quantify or otherwise ad- families of veterans of the Armed Forces completion of the cleanup and remediation versely affect the water rights, claims, or en- should never be forgotten. under paragraph (1)(B), the State, at no cost titlements to water of any Indian Tribe, (b) DESIGNATING THE WEEK OF SEPTEMBER to the United States Government, shall con- band, or community, other than the Navajo 29 THROUGH OCTOBER 5, 2019, AS ‘‘GOLD STAR struct on Hill Air Force Base a new gate for Nation. FAMILIES REMEMBRANCE WEEK’’.—Congress— vehicular and pedestrian traffic in and out of (j) RELATION TO ALLOTTEES.— (1) designates the week of September 29 Hill Air Force Base in compliance with all (1) NO EFFECT ON CLAIMS OF ALLOTTEES.— through October 5, 2019, as ‘‘Gold Star Fami- applicable construction and security require- Nothing in this section or the agreement lies Remembrance Week’’; ments and such other requirements as the shall affect the rights or claims of allottees, (2) honors and recognizes the sacrifices Secretary of the Air Force may consider nec- or the United States, acting in its capacity made by the families of members of the essary. as trustee for or on behalf of allottees, for Armed Forces who have made the ultimate (3) That the State shall coordinate the water rights or damages related to lands al- sacrifice in order to defend freedom and pro- demolition, cleanup, remediation, design, re- lotted by the United States to allottees, ex- tect the United States and by the families of development, and construction activities cept as provided in subsection (d)(1)(B). veterans of the Armed Forces; and performed pursuant to the conveyance under (2) RELATIONSHIP OF DECREE TO (3) encourages the people of the United subsection (a) with the Secretary of the Air ALLOTTEES.—Allottees, or the United States, States to observe Gold Star Families Re- Force, the Utah Department of Transpor- acting in its capacity as trustee for membrance Week by— tation, and the Utah Department of Environ- allottees, are not bound by any decree en- (A) performing acts of service and goodwill mental Quality. tered in the general stream adjudication in their communities; and (e) ENVIRONMENTAL OBLIGATIONS.—The confirming the Navajo water rights and shall (B) celebrating families in which loved State shall not have any obligation with re- not be precluded from making claims to ones have made the ultimate sacrifice so spect to cleanup and remediation of an envi- water rights in the general stream adjudica- that others could continue to enjoy life, lib- ronmental condition on the property to be tion. Allottees, or the United States, acting erty, and the pursuit of happiness. conveyed under subsection (a) unless the in its capacity as trustee for allottees, may condition was in existence and known before make claims and such claims may be adju- SA 708. Mr. LEE (for himself and Mr. the date of the conveyance or the State exac- dicated as individual water rights in the gen- ROMNEY) submitted an amendment in- erbates the condition which then requires eral stream adjudication. tended to be proposed by him to the further remediation.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.063 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3719 (f) PAYMENT OF COSTS OF CONVEYANCE.— offeror, in whole or in part, based on the tary personnel strengths for such fiscal (1) PAYMENT REQUIRED.—The Secretary of price obtained through the auction process. year, and for other purposes; which was the Air Force shall require the State to ordered to lie on the table; as follows: cover costs to be incurred by the Secretary, SA 710. Mr. YOUNG submitted an At the end of subtitle H of title X, add the or to reimburse the Secretary for such costs amendment intended to be proposed by following: incurred, to carry out the conveyance under him to the bill S. 1790, to authorize ap- SEC. 108lll. PENSACOLA DAM AND RESERVOIR, subsection (a), including survey costs, costs propriations for fiscal year 2020 for GRAND RIVER, OKLAHOMA. for environmental documentation, and other military activities of the Department (a) FINDINGS.—Congress finds that— administrative costs related to the convey- of Defense, for military construction, (1) since the Pensacola Dam and Reservoir ance. If amounts are collected from the and for defense activities of the De- began construction in 1938— State in advance of the Secretary incurring (A) the jurisdiction of the Commission has actual costs, and the amount collected ex- partment of Energy, to prescribe military personnel strengths for such fiscal consistently been limited to areas within the ceeds the costs actually incurred by the Sec- project boundary; and retary to carry out the conveyance, the Sec- year, and for other purposes; which was (B) the Secretary of the Army has held ex- retary shall refund the excess amount to the ordered to lie on the table; as follows: clusive jurisdiction over flood control oper- State. At the end of subtitle C of title X, add the ations, including areas inside and outside the (2) TREATMENT OF AMOUNTS RECEIVED.— following: project boundary; and Amounts received as reimbursement under SEC. 1018. SENSE OF CONGRESS ON THE NAMING (2) the jurisdictional responsibilities of the paragraph (1) shall be credited to the fund or OF A DDG–51 CLASS VESSEL IN Commission and the Secretary described in account that was used to cover the costs in- HONOR OF THE HONORABLE RICH- paragraph (1) should be maintained and con- curred by the Secretary in carrying out the ARD G LUGAR. tinued. conveyance under subsection (a) or to an ap- (a) FINDINGS.—Congress makes the fol- (b) PURPOSE.—The purpose of this section propriate fund or account currently avail- lowing findings: is to clarify Federal authorities and respon- able to the Secretary for the purposes for (1) The Honorable Richard G. Lugar was sibilities relating to the Pensacola Dam and which the costs were paid. Amounts so cred- born in Indianapolis, Indiana in 1932 and Reservoir. ited shall be merged with amounts in such graduated from Shortridge High School in (c) DEFINITIONS.—In this section: fund or account and shall be available for the 1950 in Indianapolis, Indiana, as an Eagle (1) COMMISSION.—The term ‘‘Commission’’ same purposes, and subject to the same con- Scout and American Legion Boys Nation del- means the Federal Energy Regulatory Com- ditions and limitations, as amounts in such egate. mission. fund or account. (2) The Honorable Richard G. Lugar volun- (2) CONSERVATION POOL.—The term ‘‘con- (g) DESCRIPTION OF PROPERTY.—The exact teered for the United States Navy and served servation pool’’ means all land and water of acreage and legal description of the property his country as an officer from 1957–1960, in- Grand Lake O’ the Cherokees, Oklahoma, to be conveyed under subsection (a) shall be cluding as an intelligence briefer to the below elevation 745 feet (Pensacola Datum). determined by a survey satisfactory to the Chief of Naval Operations, Admiral Arleigh (3) FLOOD POOL.—The term ‘‘flood pool’’ Secretary of the Air Force and the State. Burke. means all land and water of Grand Lake O’ (3) The Honorable Richard G. Lugar was the Cherokees, Oklahoma, subject to flood SA 709. Mr. PORTMAN submitted an elected to the United States Senate in 1976, control operations of the Secretary pursuant amendment intended to be proposed by and served from January 3, 1977, to January to section 7 of the Act of December 22, 1944 him to the bill S. 1790, to authorize ap- 3, 2013. (58 Stat. 890, chapter 665; 33 U.S.C. 709). propriations for fiscal year 2020 for (4) The Honorable Richard G. Lugar was (4) PROJECT.—The term ‘‘project’’ means military activities of the Department one of only two senators in history to serve the Pensacola Hydroelectric Project (FERC of Defense, for military construction, 34 years on the Committee on Foreign Rela- No. 1494). and for defense activities of the De- tions of the Senate, including two terms as (5) PROJECT BOUNDARY.—The term ‘‘project chair from 1985 to 1987 and from 2003 to 2007. boundary’’ means the area— partment of Energy, to prescribe mili- (5) As a leader in reducing the threat of nu- (A) designated as within the project bound- tary personnel strengths for such fiscal clear, chemical, and biological weapons, the ary in the maps under Exhibit G approved in year, and for other purposes; which was Honorable Richard G. Lugar passed and the Commission Order Issuing New License, ordered to lie on the table; as follows: oversaw the implementation of the bipar- dated April 24, 1992; and At the end of subtitle I of title VIII, add tisan Nunn-Lugar program, which deacti- (B) which generally encompasses, to the the following: vated more than 7,600 nuclear warheads, mil- extent of the interests of the project li- SEC. 811. PROHIBITION ON THE USE OF A RE- lions of chemical munitions, and several censee— VERSE AUCTION FOR THE AWARD thousand nuclear capable missiles, and con- (i) the Pensacola Dam and powerhouse; OF A CONTRACT FOR DESIGN AND tinues to perform non-proliferation missions (ii) Grand Lake O’ the Cherokees, Okla- CONSTRUCTION SERVICES. in more than 40 countries. homa; (a) PROHIBITION.—Not later than 180 days (6) The Honorable Richard G. Lugar played (iii) the shoreline areas of the conservation after the date of the enactment of this Act, an essential role in the enactment of sanc- pool below approximately elevation 750 feet the Federal Acquisition Regulation shall be tions on the Apartheid government of South (Pensacola Datum); and amended to prohibit the use of reverse auc- Africa, the United States recognition of (iv) facilities appurtenant to hydropower tions for awarding contracts for design and President Corazon Aquino as the winner of operations and areas of maintenance under construction services. the 1986 Philippines election, the expansion the Commission license. (b) DEFINITIONS.—In this section— of the North Atlantic Treaty Organization (6) SECRETARY.—The term ‘‘Secretary’’ (1) the term ‘‘design and construction serv- alliance, the construction and passage of the means the Secretary of the Army. ices’’ means— United States President’s Emergency Plan (d) CONSERVATION POOL MANAGEMENT.— (A) site planning and landscape design; for AIDS Relief initiative to combat the (1) FEDERAL LAND.—Notwithstanding sec- (B) architectural and engineering services global AIDS epidemic, and the ratification of tion 3(2) of the Federal Power Act (16 U.S.C. (as defined in section 1102 of title 40, United numerous arms control and anti-terrorism 796(2)), Federal land within the project States Code); boundary, including any right, title, or in- treaties. (C) interior design; terest in or to land held by the United States (7) On November 20, 2013, the Honorable (D) performance of substantial construc- for any purpose, shall not be considered to Richard G. Lugar was awarded the Presi- tion work for facility, infrastructure, and en- be— dential Medal of Freedom. vironmental restoration projects; (A) a reservation for purposes of section (8) On April 28, 2019, at 87 years of age, the (E) delivery and supply of construction ma- 4(e) of that Act (16 U.S.C. 797(e)); Honorable Richard G. Lugar died in Falls terials to construction sites; or (B) land or other property of the United Church, Virginia. (F) construction or substantial alteration States for purposes of recompensing the (b) SENSE OF CONGRESS.—It is the sense of of public buildings or public works; and Congress that the Secretary of the Navy United States for the use, occupancy, or en- (2) the term ‘‘reverse auction’’ means, with should name the next unnamed vessel of the joyment of the land under section 10(e)(1) of respect to any procurement by an executive DDG–51 Flight III class of destroyer warship that Act (16 U.S.C. 803(e)(1)); or agency— in honor of the Honorable Richard G. Lugar. (C) land of the United States for purposes (A) a real-time auction conducted through of section 24 of that Act (16 U.S.C. 818). an electronic medium among 2 or more SA 711. Mr. INHOFE submitted an (2) LICENSE CONDITIONS.—Notwithstanding offerors who compete by submitting bids for amendment intended to be proposed by any other provision of law, the Commission a supply or service contract, or a delivery him to the bill S. 1790, to authorize ap- shall not include in any license for the order, task order, or purchase order under project any condition or other requirement the contract, with the ability to submit re- propriations for fiscal year 2020 for relating to— vised lower bids at any time before the clos- military activities of the Department (A) surface elevations of the conservation ing of the auction; and of Defense, for military construction, pool or flood pool; or (B) the award of the contract, delivery and for defense activities of the De- (B) land or water outside the project order, task order, or purchase order to the partment of Energy, to prescribe mili- boundary.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.071 S18JNPT1 S3720 CONGRESSIONAL RECORD — SENATE June 18, 2019 (3) PROJECT SCOPE.— ment of Energy, to prescribe military DIVISION ll—INTELLIGENCE (A) LICENSING JURISDICTION.—The licensing personnel strengths for such fiscal AUTHORIZATIONS FOR FISCAL YEAR 2020 jurisdiction of the Commission for the year, and for other purposes; which was Sec. 1. Short title; table of contents. project shall not extend to any land or water Sec. 2. Definitions. outside the project boundary. ordered to lie on the table; as follows: TITLE I—INTELLIGENCE ACTIVITIES (B) OUTSIDE INFRASTRUCTURE.—Any land, At the end of subtitle D of title III, add the water, or physical infrastructure or other following: Sec. 101. Authorization of appropriations. improvement outside the project boundary SEC. 342. REPORT ON FLUORINATED AQUEOUS Sec. 102. Classified schedule of authoriza- shall not be considered to be part of the FILM FORMING FOAM. tions. project. Not later than one year after the date of Sec. 103. Intelligence community manage- (C) BOUNDARY AMENDMENT.— the enactment of this Act, the Secretary of ment account. (i) IN GENERAL.—The Commission shall Defense shall submit to Congress a report TITLE II—CENTRAL INTELLIGENCE amend the project boundary only as re- on— AGENCY RETIREMENT AND DIS- quested by the project licensee. (1) the location and amount of the stock- ABILITY SYSTEM (ii) DENIAL OF REQUEST.—The Commission piled fluorinated aqueous film forming foam Sec. 201. Authorization of appropriations. may deny a request to amend a project in the possession of the Department of De- TITLE III—INTELLIGENCE COMMUNITY boundary under clause (i) if the Commission fense that contains perfluorooctanoic acid MATTERS determines that the request is inconsistent (PFOA) or perfluorooctane sulfonate (PFOS); with the requirements of part I of the Fed- and Subtitle A—General Intelligence Community eral Power Act (16 U.S.C. 792 et seq.). (2) the amount of such foam that has been Matters (e) FLOOD POOL MANAGEMENT.— destroyed during the 10-year period ending of Sec. 301. Restriction on conduct of intel- (1) EXCLUSIVE JURISDICTION.—Notwith- the date of the enactment of this Act and the ligence activities. standing any other provision of law, the Sec- method and location of destruction. Sec. 302. Increase in employee compensation retary shall have exclusive jurisdiction and and benefits authorized by law. responsibility for management of the flood SA 713. Mr. CARDIN submitted an Sec. 303. Improving the onboarding method- pool for flood control operations at Grand amendment intended to be proposed by ology for certain intelligence Lake O’ the Cherokees. him to the bill S. 1790, to authorize ap- personnel. (2) PROPERTY ACQUISITION.—If a feasibility propriations for fiscal year 2020 for Sec. 304. Intelligence community public-pri- study or other investigation determines that military activities of the Department vate talent exchange. flood control operations at or associated of Defense, for military construction, Sec. 305. Expansion of scope of protections with Pensacola Dam, including any back- for identities of covert agents. water effect, may result in the inundation of, and for defense activities of the De- Sec. 306. Inclusion of security risks in pro- or damage to, land outside the project partment of Energy, to prescribe mili- gram management plans re- boundary to which the United States does tary personnel strengths for such fiscal quired for acquisition of major not hold flowage rights or holds insufficient year, and for other purposes; which was systems in National Intel- flowage rights, the project licensee shall not ordered to lie on the table; as follows: ligence Program. have any obligation to obtain or enhance At the end of subtitle F of title X, add the Sec. 307. Paid parental leave. those flowage rights. following: Subtitle B—Office of the Director of (f) SAVINGS PROVISION.—Nothing in this National Intelligence section affects, with respect to the project— SEC. 1061. REPORT ON DEATHS OF MEMBERS OF THE ARMED FORCES IN TRAINING. (1) any authority or obligation of the Sec- Sec. 311. Exclusivity, consistency, and Not later than 180 days after the date of retary or the Chief of Engineers pursuant to transparency in security clear- the enactment of this Act, the Secretary of section 2 of the Act of June 28, 1938 (com- ance procedures and right to Defense shall submit to Congress a report monly known as the ‘‘Flood Control Act of appeal. setting forth the results of a study, con- Sec. 312. Limitation on transfer of National 1938’’) (33 U.S.C. 701c–1); ducted by the Secretary for purposes of the Intelligence University. (2) any authority of the Secretary or the report, on recent deaths of members of the Sec. 313. Improving visibility into the secu- Chief of Engineers pursuant to section 7 of Armed Forces in training. The report shall rity clearance process. the Act of December 22, 1944 (commonly include the following: Sec. 314. Making certain policies and execu- known as the ‘‘Flood Control Act of 1944’’) (1) A description of recent deaths of mem- tion plans relating to personnel (33 U.S.C. 709); bers of the Armed Forces in training. clearances available to industry (3) any obligation of the United States to (2) An assessment whether trends are partners. obtain flowage or other property rights pur- emerging in the circumstances surrounding suant to the Act of July 31, 1946 (60 Stat. 743, Subtitle C—Inspector General of the such deaths, and a description of any such chapter 710); Intelligence Community trends. (4) any obligation of the United States to Sec. 321. Definitions. (3) A description and assessment of recent acquire flowage or other property rights for Sec. 322. Inspector General external review deaths and injuries resulting from vehicle additional reservoir storage pursuant to Ex- panel. rollovers, and recommendations for actions ecutive Order 9839 (12 Fed. Reg. 2447; relating Sec. 323. Harmonization of whistleblower to prevent or minimize such deaths and inju- to the Grand River Dam Project); processes and procedures. ries. (5) any authority of the Secretary to ac- Sec. 324. Intelligence community oversight (4) Such other matters as the Secretary quire real property interest pursuant to sec- of agency whistleblower ac- considers appropriate. tion 560 of the Water Resources Development tions. Act of 1996 (Public Law 104–303; 110 Stat. SA 714. Mr. BURR (for himself and Sec. 325. Report on cleared whistleblower at- 3783); torneys. (6) any obligation of the Secretary to con- Mr. WARNER) submitted an amendment intended to be proposed by him to the TITLE IV—REPORTS AND OTHER duct and pay the cost of a feasibility study MATTERS pursuant to section 449 of the Water Re- bill S. 1790, to authorize appropriations Sec. 401. Study on foreign employment of sources Development Act of 2000 (Public Law for fiscal year 2020 for military activi- former personnel of intelligence 106–541; 114 Stat. 2641); ties of the Department of Defense, for community. (7) the National Flood Insurance Program military construction, and for defense Sec. 402. Comprehensive economic assess- established under the National Flood Insur- activities of the Department of Energy, ment of investment in key ance Act of 1968 (42 U.S.C. 4001 et seq.), in- to prescribe military personnel United States technologies by cluding any policy issued under that Act; or companies or organizations (8) any disaster assistance made available strengths for such fiscal year, and for linked to China. under the Robert T. Stafford Disaster Relief other purposes; which was ordered to Sec. 403. Analysis of and periodic briefings and Emergency Assistance Act (42 U.S.C. lie on the table; as follows: on major initiatives of intel- 5121 et seq.) or other Federal disaster assist- At the appropriate place, insert the fol- ligence community in artificial ance program. lowing: intelligence and machine learn- ll Mr. SANDERS (for himself DIVISION —INTELLIGENCE ing. SA 712. AUTHORIZATIONS FOR FISCAL YEAR 2020 and Mrs. CAPITO) submitted an amend- Sec. 404. Encouraging cooperative actions to ment intended to be proposed by him SEC. 1. SHORT TITLE; TABLE OF CONTENTS. detect and counter foreign in- (a) SHORT TITLE.—This division may be fluence operations. to the bill S. 1790, to authorize appro- cited as the ‘‘Damon Paul Nelson and Mat- Sec. 405. Oversight of foreign influence in priations for fiscal year 2020 for mili- thew Young Pollard Intelligence Authoriza- academia. tary activities of the Department of tion Act for Fiscal Year 2020’’. Sec. 406. Director of National Intelligence Defense, for military construction, and (b) TABLE OF CONTENTS.—The table of con- report on fifth-generation wire- for defense activities of the Depart- tents for this division is as follows: less network technology.

VerDate Sep 11 2014 06:15 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0655 E:\CR\FM\A18JN6.070 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3721 Sec. 407. Annual report by Comptroller Gen- SEC. 103. INTELLIGENCE COMMUNITY MANAGE- will be reported by the date that is 90 days eral of the United States on cy- MENT ACCOUNT. after the date of such issuance; bersecurity and surveillance (a) AUTHORIZATION OF APPROPRIATIONS.— (3) not later than 180 days after the date of threats to Congress. There is authorized to be appropriated for the enactment of this Act, submit to the ap- Sec. 408. Director of National Intelligence the Intelligence Community Management propriate committees of Congress a report on assessments of foreign inter- Account of the Director of National Intel- collaboration among covered elements of the ference in elections. ligence for fiscal year 2020 the sum of intelligence community on their onboarding Sec. 409. Study on feasibility and advis- $558,000,000. processes; ability of establishing (b) CLASSIFIED AUTHORIZATION OF APPRO- (4) not later than 180 days after the date of Geospatial-Intelligence Mu- PRIATIONS.—In addition to amounts author- the enactment of this Act, submit to the ap- seum and learning center. ized to be appropriated for the Intelligence propriate committees of Congress a report on Sec. 410. Report on death of Jamal Community Management Account by sub- employment of automated mechanisms in Khashoggi. section (a), there are authorized to be appro- covered elements of the intelligence commu- SEC. 2. DEFINITIONS. priated for the Intelligence Community Man- nity, including for tracking personnel as agement Account for fiscal year 2020 such ad- In this division: they pass through each phase of the ditional amounts as are specified in the clas- onboarding process; and (1) CONGRESSIONAL INTELLIGENCE COMMIT- sified Schedule of Authorizations referred to (5) not later than December 31, 2020, dis- TEES.—The term ‘‘congressional intelligence in section 102(a). committees’’ has the meaning given such tribute surveys to human resources offices term in section 3 of the National Security TITLE II—CENTRAL INTELLIGENCE AGEN- and applicants about their experiences with Act of 1947 (50 U.S.C. 3003). CY RETIREMENT AND DISABILITY SYS- the onboarding process in covered elements of the intelligence community. (2) INTELLIGENCE COMMUNITY.—The term TEM SEC. 304. INTELLIGENCE COMMUNITY PUBLIC- ‘‘intelligence community’’ has the meaning SEC. 201. AUTHORIZATION OF APPROPRIATIONS. PRIVATE TALENT EXCHANGE. given such term in such section. There is authorized to be appropriated for (a) POLICIES, PROCESSES, AND PROCEDURES TITLE I—INTELLIGENCE ACTIVITIES the Central Intelligence Agency Retirement REQUIRED.—Not later than 270 days after the and Disability Fund $514,000,000 for fiscal SEC. 101. AUTHORIZATION OF APPROPRIATIONS. date of the enactment of this Act, the Direc- year 2020. Funds are hereby authorized to be appro- tor of National Intelligence shall develop priated for fiscal year 2020 for the conduct of TITLE III—INTELLIGENCE COMMUNITY policies, processes, and procedures to facili- the intelligence and intelligence-related ac- MATTERS tate the rotation of personnel of the intel- tivities of the following elements of the Subtitle A—General Intelligence Community ligence community to the private sector, and United States Government: Matters personnel from the private sector to the in- (1) The Office of the Director of National telligence community. SEC. 301. RESTRICTION ON CONDUCT OF INTEL- (b) DETAIL AUTHORITY.—Under policies de- Intelligence. LIGENCE ACTIVITIES. veloped by the Director pursuant to sub- (2) The Central Intelligence Agency. The authorization of appropriations by section (a), with the agreement of a private- (3) The Department of Defense. this division shall not be deemed to con- sector organization, and with the consent of (4) The Defense Intelligence Agency. stitute authority for the conduct of any in- the employee, a head of an element of the in- (5) The National Security Agency. telligence activity which is not otherwise telligence community may arrange for the (6) The Department of the Army, the De- authorized by the Constitution or the laws of temporary detail of an employee of such ele- partment of the Navy, and the Department the United States. ment to such private-sector organization, or of the Air Force. SEC. 302. INCREASE IN EMPLOYEE COMPENSA- from such private-sector organization to (7) The Coast Guard. TION AND BENEFITS AUTHORIZED such element under this section. (8) The Department of State. BY LAW. (c) AGREEMENTS.— (9) The Department of the Treasury. Appropriations authorized by this division (1) IN GENERAL.—A head of an element of (10) The Department of Energy. for salary, pay, retirement, and other bene- the intelligence community exercising the (11) The Department of Justice. fits for Federal employees may be increased authority of the head under subsection (a) (12) The Federal Bureau of Investigation. by such additional or supplemental amounts shall provide for a written agreement among (13) The Drug Enforcement Administra- as may be necessary for increases in such the element of the intelligence community, tion. compensation or benefits authorized by law. the private-sector organization, and the em- (14) The National Reconnaissance Office. SEC. 303. IMPROVING THE ONBOARDING METH- ployee concerned regarding the terms and (15) The National Geospatial-Intelligence ODOLOGY FOR CERTAIN INTEL- conditions of the employee’s detail under Agency. LIGENCE PERSONNEL. this section. The agreement— (16) The Department of Homeland Secu- (a) DEFINITIONS.—In this section: (A) shall require that the employee of the rity. (1) APPROPRIATE COMMITTEES OF CON- element, upon completion of the detail, serve SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- GRESS.—The term ‘‘appropriate committees in the element, or elsewhere in the civil TIONS. of Congress’’ means— service if approved by the head of the ele- (a) SPECIFICATIONS OF AMOUNTS.—The (A) the Select Committee on Intelligence ment, for a period of at least equal to the amounts authorized to be appropriated under and the Committee on Armed Services of the length of the detail; section 101 for the conduct of the intel- Senate; and (B) shall provide that if the employee of ligence activities of the elements listed in (B) the Permanent Select Committee on the element fails to carry out the agreement, paragraphs (1) through (16) of section 101, are Intelligence and the Committee on Armed such employee shall be liable to the United those specified in the classified Schedule of Services of the House of Representatives. States for payment of all non-salary and Authorizations prepared to accompany this (2) COVERED ELEMENTS OF THE INTELLIGENCE benefit expenses of the detail, unless that division. COMMUNITY.—The term ‘‘covered elements of failure was for good and sufficient reason, as (b) AVAILABILITY OF CLASSIFIED SCHEDULE the intelligence community’’ means the ele- determined by the head of the element; OF AUTHORIZATIONS.— ments of the intelligence community that (C) shall contain language informing such (1) AVAILABILITY.—The classified Schedule are within the following: employee of the prohibition on improperly of Authorizations referred to in subsection (A) The Department of Energy. sharing or using non-public information that (a) shall be made available to the Committee (B) The Department of Homeland Security. such employee may be privy to or aware of on Appropriations of the Senate, the Com- (C) The Department of Justice. related to element programming, budgeting, mittee on Appropriations of the House of (D) The Department of State. resourcing, acquisition, or procurement for Representatives, and to the President. (E) The Department of the Treasury. the benefit or advantage of the private-sec- (2) DISTRIBUTION BY THE PRESIDENT.—Sub- (b) IN GENERAL.—The Secretary of Defense tor organization; and ject to paragraph (3), the President shall pro- and the Director of National Intelligence (D) shall contain language requiring the vide for suitable distribution of the classified shall, consistent with Department of Defense employee to acknowledge the obligations of Schedule of Authorizations referred to in Instruction 1400.25, as in effect on the day be- the employee under section 1905 of title 18, subsection (a), or of appropriate portions of fore the date of the enactment of this Act— United States Code (relating to trade se- such Schedule, within the executive branch. (1) not later than 180 days after the date of crets). (3) LIMITS ON DISCLOSURE.—The President the enactment of this Act, submit to the ap- (2) AMOUNT OF LIABILITY.—An amount for shall not publicly disclose the classified propriate committees of Congress a report which an employee is liable under paragraph Schedule of Authorizations or any portion of that outlines a common methodology for (1) shall be treated as a debt due the United such Schedule except— measuring onboarding in covered elements of States. (A) as provided in section 601(a) of the Im- the intelligence community, including (3) WAIVER.—The head of an element of the plementing Recommendations of the 9/11 human resources and security processes; intelligence community may waive, in whole Commission Act of 2007 (50 U.S.C. 3306(a)); (2) not later than 1 year after the date of or in part, collection of a debt described in (B) to the extent necessary to implement the enactment of this Act, issue metrics for paragraph (2) based on a determination that the budget; or assessing key phases in the onboarding de- the collection would be against equity and (C) as otherwise required by law. scribed in paragraph (1) for which results good conscience and not in the best interests

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3722 CONGRESSIONAL RECORD — SENATE June 18, 2019 of the United States, after taking into ac- (4) may not be used to circumvent any lim- (C) by striking ‘‘agency—’’ and all that fol- count any indication of fraud, misrepresen- itation or restriction on the size of the work- lows through ‘‘whose identity’’ and inserting tation, fault, or lack of good faith on the force of the element; ‘‘agency whose identity’’; and part of the employee. (5) shall be subject to the same require- (2) in subparagraph (B)(i), by striking ‘‘re- (d) TERMINATION.—A detail under this sec- ments applicable to an employee performing sides and acts outside the United States’’ tion may, at any time and for any reason, be the same functions and duties proposed for and inserting ‘‘acts’’. terminated by the head of the element of the performance by the private sector employee; SEC. 306. INCLUSION OF SECURITY RISKS IN PRO- intelligence community concerned or the and GRAM MANAGEMENT PLANS RE- QUIRED FOR ACQUISITION OF private-sector organization concerned. (6) in the case of an element of the intelligence community in the Department of De- MAJOR SYSTEMS IN NATIONAL IN- (e) DURATION.— fense, may not be used to circumvent the TELLIGENCE PROGRAM. Section 102A(q)(1)(A) of the National Secu- (1) IN GENERAL.—A detail under this sec- provisions of section 2461 of title 10, United rity Act of 1947 (50 U.S.C. 3024(q)(1)(A)) is tion shall be for a period of not less than 3 States Code. months and not more than 2 years, renew- amended by inserting ‘‘security risks,’’ after able up to a total of 3 years. (h) PROHIBITION AGAINST CHARGING CERTAIN ‘‘schedule,’’. COSTS TO THE FEDERAL GOVERNMENT.—A pri- (2) LONGER PERIODS.—A detail under this SEC. 307. PAID PARENTAL LEAVE. section may be for a period in excess of 2 vate-sector organization may not charge an (a) PURPOSE.—The purpose of this section years, but not more than 3 years, if the head element of the intelligence community or is to— of the element making the detail determines any other agency of the Federal Govern- (1) help the intelligence community recruit that such detail is necessary to meet critical ment, as direct costs under a Federal con- and retain a dynamic, multi-talented, and di- mission or program requirements. tract, the costs of pay or benefits paid by the verse workforce capable of meeting the secu- organization to an employee detailed to an (3) LIMITATION.—No employee of an ele- rity goals of the United States; and ment of the intelligence community may be element of the intelligence community (2) establish best practices and processes detailed under this section for more than a under this section for the period of the detail for other elements of the Federal Govern- total of 5 years, inclusive of all such details. and any subsequent renewal periods. ment seeking to pursue similar policies. (i) ADDITIONAL ADMINISTRATIVE MATTERS.— (b) AUTHORIZATION OF PAID PARENTAL (f) STATUS OF FEDERAL EMPLOYEES DE- In carrying out this section, the Director, LEAVE FOR INTELLIGENCE COMMUNITY EM- TAILED TO PRIVATE-SECTOR ORGANIZATIONS.— pursuant to procedures developed under sub- PLOYEES.— (1) IN GENERAL.—An employee of an ele- (1) IN GENERAL.—Title III of the National ment of the intelligence community who is section (a)— Security Act of 1947 (50 U.S.C. 3071 et seq.) is detailed to a private-sector organization (1) shall, to the degree practicable, ensure amended by inserting after section 304 the under this section shall be considered, during that small business concerns are represented following: the period of detail, to be on a regular work with respect to details authorized by this assignment in the element for all purposes. section; ‘‘SEC. 305. PAID PARENTAL LEAVE. ‘‘(a) PAID PARENTAL LEAVE.—Notwith- The written agreement established under (2) may, notwithstanding any other provi- standing any other provision of law, a civil- subsection (c)(1) shall address the specific sion of law, establish criteria for elements of ian employee of an element of the intel- terms and conditions related to the employ- the intelligence community to use appro- ligence community shall have available a ee’s continued status as a Federal employee. priated funds to reimburse small business concerns for the salaries and benefits of its total of 12 administrative workweeks of paid (2) REQUIREMENTS.—In establishing a tem- parental leave in the event of the birth of a porary detail of an employee of an element employees during the periods when the small son or daughter to the employee, or place- of the intelligence community to a private- business concern agrees to detail its employment of a son or daughter with the employee sector organization, the head of the element ees to the intelligence community under this for adoption or foster care, and in order to shall— section; care for such son or daughter, to be used dur- (A) certify that the temporary detail of (3) shall take into consideration the ques- ing the 12-month period beginning on the such employee shall not have an adverse or tion of how details under this section might date of the birth or placement. negative impact on mission attainment or best be used to help meet the needs of the in- ‘‘(b) TREATMENT OF PARENTAL LEAVE RE- organizational capabilities associated with telligence community, including with respect to the training of employees; QUEST.—Notwithstanding any other provi- the detail; and sion of law— (B) in the case of an element of the intel- (4) shall take into consideration areas of private-sector expertise that are critical to ‘‘(1) an element of the intelligence commu- ligence community in the Department of De- nity shall accommodate an employee’s leave fense, ensure that the normal duties and the intelligence community; and (5) shall establish oversight mechanisms to schedule request under subsection (a), in- functions of such employees are not, as a re- cluding a request to use such leave intermit- sult of and during the course of such tem- determine whether the public-private exchange authorized by this section improves tently or on a reduced leave schedule, to the porary detail, performed or augmented by extent that the requested leave schedule contractor personnel in violation of the pro- the efficiency and effectiveness of the intelligence community. does not unduly disrupt agency operations; visions of section 2461 of title 10, United and (j) DEFINITIONS.—In this section: States Code. ‘‘(2) to the extent that an employee’s re- (1) DETAIL.—The term ‘‘detail’’ means, as (g) TERMS AND CONDITIONS FOR PRIVATE- appropriate in the context in which such quested leave schedule as described in para- SECTOR EMPLOYEES.—An employee of a pri- term is used— graph (1) is based on medical necessity re- vate-sector organization who is detailed to (A) the assignment or loan of an employee lated to a serious health condition connected an element of the intelligence community of an element of the intelligence community to the birth of a son or daughter, the em- under this section— to a private-sector organization without a ploying element shall handle the scheduling (1) shall continue to receive pay and bene- change of position from the intelligence consistent with the treatment of employees fits from the private-sector organization community element that employs the indi- who are using leave under subparagraph (C) from which such employee is detailed and vidual; or or (D) of section 6382(a)(1) of title 5, United shall not receive pay or benefits from the (B) the assignment or loan of an employee States Code. element, except as provided in paragraph (2); ‘‘(c) RULES RELATING TO PAID LEAVE.—Not- of a private-sector organization to an ele- (2) is deemed to be an employee of the ele- withstanding any other provision of law— ment of the intelligence community without ment for the purposes of— ‘‘(1) an employee may not be required to a change of position from the private-sector (A) chapters 73 and 81 of title 5, United first use all or any portion of any unpaid organization that employs the individual. States Code; leave available to the employee before being (2) PRIVATE-SECTOR ORGANIZATION.—The (B) sections 201, 203, 205, 207, 208, 209, 603, allowed to use the paid parental leave de- term ‘‘private-sector organization’’ means— 606, 607, 643, 654, 1905, and 1913 of title 18, scribed in subsection (a); and (A) a for-profit organization; or United States Code; ‘‘(2) paid parental leave under subsection (B) a not-for-profit organization. (C) sections 1343, 1344, and 1349(b) of title (a)— (3) SMALL BUSINESS CONCERN.—The term 31, United States Code; ‘‘(A) shall be payable from any appropria- ‘‘small business concern’’ has the meaning (D) chapter 171 of title 28, United States tion or fund available for salaries or ex- given such term in section 3703(e)(2) of title Code (commonly known as the ‘‘Federal Tort penses for positions within the employing 5, United States Code. Claims Act’’) and any other Federal tort li- element; ability statute; SEC. 305. EXPANSION OF SCOPE OF PROTEC- ‘‘(B) may not be considered to be annual or (E) the Ethics in Government Act of 1978 (5 TIONS FOR IDENTITIES OF COVERT vacation leave for purposes of section 5551 or U.S.C. App.); and AGENTS. 5552 of title 5, United States Code, or for any (F) chapter 21 of title 41, United States Section 605(4) of the National Security Act other purpose; Code; of 1947 (50 U.S.C. 3126(4)) is amended— ‘‘(C) if not used by the employee before the (3) may perform work that is considered in- (1) in subparagraph (A)— end of the 12-month period described in sub- herently governmental in nature only when (A) by striking clause (ii); section (a) to which the leave relates, may requested in writing by the head of the ele- (B) in clause (i), by striking ‘‘, and’’ and in- not be available for any subsequent use and ment; serting ‘‘; or’’; and may not be converted into a cash payment;

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3723 ‘‘(D) may be granted only to the extent ment of a son or daughter that occurs on or ‘‘(4) does not violate section 3001(j)(1) of that the employee does not receive a total of after the date on which the Director of Na- the Intelligence Reform and Terrorism Pre- more than 12 weeks of paid parental leave in tional Intelligence issues the written direc- vention Act of 2004 (50 U.S.C. 3341(j)(1)).’’. any 12-month period beginning on the date of tive under subsection (e) of such section 305. (2) CLERICAL AMENDMENT.—The table of a birth or placement; Subtitle B—Office of the Director of National contents in the matter preceding section 2 of ‘‘(E) may not be granted— Intelligence the National Security Act of 1947 (50 U.S.C. ‘‘(i) in excess of a lifetime aggregate total 3002) is amended by inserting after the item SEC. 311. EXCLUSIVITY, CONSISTENCY, AND of 30 administrative workweeks based on TRANSPARENCY IN SECURITY relating to section 801 the following: placements of a foster child for any indi- CLEARANCE PROCEDURES AND ‘‘Sec. 801A. Decisions relating to access to vidual employee; or RIGHT TO APPEAL. classified information.’’. ‘‘(ii) in connection with temporary foster (a) EXCLUSIVITY OF PROCEDURES.—Section (d) RIGHT TO APPEAL.— care placements expected to last less than 1 801 of the National Security Act of 1947 (50 (1) IN GENERAL.—Such title, as amended by year; U.S.C. 3161) is amended by adding at the end subsection (c), is further amended by insert- ‘‘(F) may not be granted for a child being the following: ing after section 801A the following: placed for foster care or adoption if such ‘‘(c) EXCLUSIVITY.—Except as provided in ‘‘SEC. 801B. RIGHT TO APPEAL. leave was previously granted to the same subsection (b) and subject to sections 801A ‘‘(a) DEFINITIONS.—In this section: employee when the same child was placed and 801B, the procedures established pursu- ‘‘(1) AGENCY.—The term ‘agency’ has the with the employee for foster care in the past; ant to subsection (a) shall be the exclusive meaning given the term ‘Executive agency’ ‘‘(G) shall be used in increments of hours procedures by which decisions about eligi- in section 105 of title 5, United States Code. (or fractions thereof), with 12 administrative bility for access to classified information are ‘‘(2) COVERED PERSON.—The term ‘covered workweeks equal to 480 hours for employees governed.’’. person’ means a person, other than the with a regular full-time work schedule and (b) TRANSPARENCY.—Such section is fur- President and Vice President, currently or converted to a proportional number of hours ther amended by adding at the end the fol- formerly employed in, detailed to, assigned for employees with part-time, seasonal, or lowing: to, or issued an authorized conditional offer uncommon tours of duty; and ‘‘(d) PUBLICATION.— of employment for a position that requires ‘‘(H) may not be used during off-season ‘‘(1) IN GENERAL.—Not later than 180 days access to classified information by an agen- (nonpay status) periods for employees with after the date of the enactment of this sub- cy, including the following: seasonal work schedules. section, the President shall— ‘‘(A) A member of the Armed Forces. ‘‘(d) IMPLEMENTATION PLAN.—Not later ‘‘(A) publish in the Federal Register the ‘‘(B) A civilian. than 1 year after the date of enactment of procedures established pursuant to sub- ‘‘(C) An expert or consultant with a con- this section, the Director of National Intel- section (a); or tractual or personnel obligation to an agen- ligence shall provide the congressional intel- ‘‘(B) submit to Congress a certification cy. ligence committees with an implementation that the procedures currently in effect that ‘‘(D) Any other category of person who acts plan that includes— govern access to classified information as de- for or on behalf of an agency as determined ‘‘(1) processes and procedures for imple- scribed in subsection (a)— by the head of the agency. menting the paid parental leave policies ‘‘(i) are published in the Federal Register; ‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED under subsections (a) through (c); and INFORMATION.—The term ‘eligibility for ac- ‘‘(2) an explanation of how the implemen- ‘‘(ii) comply with the requirements of sub- cess to classified information’ has the mean- tation of subsections (a) through (c) will be section (a). ing given such term in the procedures estab- reconciled with policies of other elements of ‘‘(2) UPDATES.—Whenever the President lished pursuant to section 801(a). the Federal Government, including the im- makes a revision to a procedure established ‘‘(4) NEED FOR ACCESS.—The term ‘need for pact on elements funded by the National In- pursuant to subsection (a), the President access’ has such meaning as the President telligence Program that are housed within shall publish such revision in the Federal may define in the procedures established agencies outside the intelligence commu- Register not later than 30 days before the pursuant to section 801(a). nity; date on which the revision becomes effec- ‘‘(5) SECURITY EXECUTIVE AGENT.—The term ‘‘(3) the projected impact of the implemen- tive.’’. ‘Security Executive Agent’ means the officer tation of subsections (a) through (c) on the (c) CONSISTENCY.— serving as the Security Executive Agent pur- workforce of the intelligence community, in- (1) IN GENERAL.—Title VIII of the National suant to section 803. cluding take rates, retention, recruiting, and Security Act of 1947 (50 U.S.C. 3161 et seq.) is ‘‘(b) AGENCY REVIEW.— morale, broken down by each element of the amended by inserting after section 801 the ‘‘(1) IN GENERAL.—Not later than 180 days intelligence community; and following: after the date of the enactment of the ‘‘(4) all costs or operational expenses asso- ‘‘SEC. 801A. DECISIONS RELATING TO ACCESS TO Damon Paul Nelson and Matthew Young Pol- ciated with the implementation of sub- CLASSIFIED INFORMATION. lard Intelligence Authorization Act for Fis- sections (a) through (c). ‘‘(a) DEFINITIONS.—In this section: cal Year 2020, each head of an agency shall, IRECTIVE ‘‘(e) D .—Not later than 90 days ‘‘(1) AGENCY.—The term ‘agency’ has the consistent with the interest of national secu- after the Director of National Intelligence meaning given the term ‘Executive agency’ rity, establish and publish in the Federal submits the implementation plan under sub- in section 105 of title 5, United States Code. Register a process by which a covered person section (d), the Director of National Intel- ‘‘(2) CLASSIFIED INFORMATION.—The term to whom eligibility for access to classified ligence shall issue a written directive to im- ‘classified information’ includes sensitive information was denied or revoked by the plement this section, which directive shall compartmented information, restricted data, agency can appeal that denial or revocation take effect on the date of issuance. restricted handling information, and other within the agency. ‘‘(f) ANNUAL REPORT.—The Director of Na- compartmented information. ‘‘(2) ELEMENTS.—The process required by tional Intelligence shall submit to the con- ‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED paragraph (1) shall include the following: gressional intelligence committees an an- INFORMATION.—The term ‘eligibility for ac- ‘‘(A) In the case of a covered person to nual report that— cess to classified information’ has the mean- whom eligibility for access to classified in- ‘‘(1) details the number of employees of ing given such term in the procedures estab- formation is denied or revoked by an agency, each element of the intelligence community lished pursuant to section 801(a). the following: who applied for and took paid parental leave ‘‘(b) IN GENERAL.—Each head of an agency ‘‘(i) The head of the agency shall provide under subsection (a) during the year covered that makes a determination regarding eligi- the covered person with a written— by the report; and bility for access to classified information ‘‘(I) detailed explanation of the basis for ‘‘(2) includes updates on major implemen- shall ensure that in making the determina- the denial or revocation as the head of the tation challenges or costs associated with tion, the head of the agency or any person agency determines is consistent with the in- paid parental leave. acting on behalf of the agency— terests of national security and as permitted ‘‘(g) DEFINITION OF SON OR DAUGHTER.—For ‘‘(1) does not violate any right or protec- by other applicable provisions of law; and purposes of this section, the term ‘son or tion enshrined in the Constitution of the ‘‘(II) notice of the right of the covered per- daughter’ has the meaning given the term in United States, including rights articulated son to a hearing and appeal under this subsection 6381 of title 5, United States Code.’’. in the First, Fifth, and Fourteenth Amend- section. (2) CLERICAL AMENDMENT.—The table of ments; ‘‘(ii) Not later than 30 days after receiving contents in the matter preceding section 2 of ‘‘(2) does not discriminate for or against an a request from the covered person for copies the National Security Act of 1947 (50 U.S.C. individual on the basis of race, color, reli- of the documents that formed the basis of 3002) is amended by inserting after the item gion, sex, national origin, age, or handicap; the agency’s decision to revoke or deny, in- relating to section 304 the following: ‘‘(3) is not carrying out— cluding the investigative file, the head of the ‘‘Sec. 305. Paid parental leave.’’. ‘‘(A) retaliation for political activities or agency shall provide to the covered person (c) APPLICABILITY.—Section 305 of the Na- beliefs; or copies of such documents as— tional Security Act of 1947, as added by sub- ‘‘(B) a coercion or reprisal described in sec- ‘‘(I) the head of the agency determines is section (b), shall apply with respect to leave tion 2302(b)(3) of title 5, United States Code; consistent with the interests of national se- taken in connection with the birth or place- and curity; and

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‘‘(II) permitted by other applicable provi- ‘‘(iv) FINALITY.—Each decision of a panel made on appeals pursuant to the processes sions of law, including— established under subparagraph (A) or over- established under subsection (b). ‘‘(aa) section 552 of title 5, United States turned pursuant to clause (iii) of this sub- ‘‘(B) SCOPE OF REVIEW AND JURISDICTION.— Code (commonly known as the ‘Freedom of paragraph shall be final but subject to appeal After initial review to verify grounds for ap- Information Act’); and review under subsection (c). peal, the panel established under subpara- ‘‘(bb) section 552a of such title (commonly ‘‘(D) ACCESS TO CLASSIFIED INFORMATION.— graph (A) shall review such decisions only— known as the ‘Privacy Act of 1974’); and The head of an agency that establishes a ‘‘(i) as they relate to violations of section ‘‘(cc) such other provisions of law relating panel under subparagraph (A) shall afford ac- 801A(b); or to the protection of confidential sources and cess to classified information to the mem- ‘‘(ii) to the extent to which an agency privacy of individuals. bers of the panel as the head determines— properly conducted a review of an appeal ‘‘(iii)(I) The covered person shall have the ‘‘(i) necessary for the panel to hear and re- under subsection (b). opportunity to retain counsel or other rep- view an appeal under this subsection; and ‘‘(C) COMPOSITION.—The panel established resentation at the covered person’s expense. ‘‘(ii) consistent with the interests of na- pursuant to subparagraph (A) shall be com- ‘‘(II) Upon the request of the covered per- tional security. posed of three individuals selected by the Se- son, and a showing that the ability to review ‘‘(4) REPRESENTATION BY COUNSEL.— curity Executive Agent for purposes of the classified information is essential to the res- ‘‘(A) IN GENERAL.—Each head of an agency panel, of whom at least one shall be an attor- olution of an appeal under this subsection, shall ensure that, under this subsection, a ney. counsel or other representation retained covered person appealing a decision of the ‘‘(2) APPEALS AND TIMELINESS.— under this clause shall be considered for ac- head’s agency under this subsection has an ‘‘(A) APPEALS.— cess to classified information for the limited opportunity to retain counsel or other rep- ‘‘(i) INITIATION.—On or before the date that purposes of such appeal. resentation at the covered person’s expense. is 30 days after the date on which a covered ‘‘(iv)(I) The head of the agency shall pro- ‘‘(B) ACCESS TO CLASSIFIED INFORMATION.— person receives a written decision on an ap- vide the covered person an opportunity, at a ‘‘(i) IN GENERAL.—Upon the request of a peal under subsection (b), the covered person point in the process determined by the agen- covered person appealing a decision of an may initiate oversight of that decision by cy head— agency under this subsection and a showing filing a written appeal with the Security Ex- ‘‘(aa) to appear personally before an adju- that the ability to review classified informa- ecutive Agent. dicative or other authority, other than the tion is essential to the resolution of the ap- ‘‘(ii) FILING.—A written appeal filed under investigating entity, and to present to such peal under this subsection, the head of the clause (i) relating to a decision of an agency authority relevant documents, materials, agency shall sponsor an application by the shall be filed in such form, in such manner, and information, including evidence that counsel or other representation retained and containing such information as the Se- past problems relating to the denial or rev- under this paragraph for access to classified curity Executive Agent may require, includ- ocation have been overcome or sufficiently information for the limited purposes of such ing— mitigated; and appeal. ‘‘(I) a description of— ‘‘(bb) to call and cross-examine witnesses ‘‘(aa) any alleged violations of section ‘‘(ii) EXTENT OF ACCESS.—Counsel or an- before such authority, unless the head of the other representative who is cleared for ac- 801A(b) relating to the denial or revocation agency determines that calling and cross-excess under this subparagraph may be af- of the covered person’s eligibility for access amining witnesses is not consistent with the to classified information; and forded access to relevant classified materials interests of national security. ‘‘(bb) any allegations of how the decision to the extent consistent with the interests of ‘‘(II) The head of the agency shall make, as may have been the result of the agency fail- national security. part of the security record of the covered ing to properly conduct a review under sub- ‘‘(5) CORRECTIVE ACTION.— person, a written summary, transcript, or re- section (b); and ‘‘(A) IN GENERAL.—If, in the course of pro- cording of any appearance under item (aa) of ‘‘(II) supporting materials and information ceedings under this subsection, the head of subclause (I) or calling or cross-examining of for the allegations described under subclause an agency or a panel established by the head witnesses under item (bb) of such subclause. (I). under paragraph (3) decides that a covered ‘‘(v) On or before the date that is 30 days ‘‘(B) TIMELINESS.—The Security Executive person’s eligibility for access to classified in- after the date on which the covered person Agent shall ensure that, on average, review receives copies of documents under clause formation was improperly denied or revoked of each appeal filed under this subsection is (ii), the covered person may request a hear- by the agency, the agency shall take correc- completed not later than 180 days after the ing of the decision to deny or revoke by fil- tive action to return the covered person, as date on which the appeal is filed. nearly as practicable and reasonable, to the ing a written appeal with the head of the ‘‘(3) DECISIONS AND REMANDS.— position such covered person would have held agency. ‘‘(A) IN GENERAL.—If, in the course of re- ‘‘(B) A requirement that each review of a had the improper denial or revocation not viewing under this subsection a decision of decision under this subsection is completed occurred. an agency under subsection (b), the panel es- on average not later than 180 days after the ‘‘(B) COMPENSATION.—Corrective action tablished under paragraph (1) decides that date on which a hearing is requested under under subparagraph (A) may include com- there is sufficient evidence of a violation of subparagraph (A)(v). pensation, in an amount not to exceed section 801A(b) to merit a new hearing or de- ‘‘(3) AGENCY REVIEW PANELS.— $300,000, for any loss of wages or benefits suf- cides that the decision of the agency was the ‘‘(A) IN GENERAL.—Each head of an agency fered, or expenses otherwise incurred, by rea- result of an improperly conducted review shall establish a panel to hear and review ap- son of such improper denial or revocation. under subsection (b), the panel shall vacate peals under this subsection. ‘‘(6) PUBLICATION OF DECISIONS.— the decision made under subsection (b) and ‘‘(B) MEMBERSHIP.— ‘‘(A) IN GENERAL.—Each head of an agency remand to the agency by which the covered ‘‘(i) COMPOSITION.—Each panel established shall publish each final decision on an appeal person shall be eligible for a new appeal by the head of an agency under subparagraph under this subsection. under subsection (b). (A) shall be composed of at least three em- ‘‘(B) REQUIREMENTS.—In order to ensure ‘‘(B) WRITTEN DECISIONS.—Each decision of ployees of the agency selected by the head, transparency, oversight by Congress, and the panel established under paragraph (1) two of whom shall not be members of the se- meaningful information for those who need shall be in writing and contain a justifica- curity field. to understand how the clearance process tion of the decision. ‘‘(ii) TERMS.—A term of service on a panel works, each publication under subparagraph ‘‘(C) CONSISTENCY.—The panel under para- established by the head of an agency under (A) shall be— graph (1) shall ensure that each decision of subparagraph (A) shall not exceed 2 years. ‘‘(i) made in a manner that is consistent the panel is consistent with the interests of ‘‘(C) DECISIONS.— with section 552 of title 5, United States national security and applicable provisions ‘‘(i) WRITTEN.—Each decision of a panel es- Code, as amended by the Electronic Freedom of law. tablished under subparagraph (A) shall be in of Information Act Amendments of 1996 ‘‘(D) FINALITY.— writing and contain a justification of the de- (Public Law 104–231); ‘‘(i) IN GENERAL.—Except as provided in cision. ‘‘(ii) published to explain the facts of the clause (ii), each decision of the panel estab- ‘‘(ii) CONSISTENCY.—Each head of an agency case, redacting personally identifiable infor- lished under paragraph (1) shall be final. that establishes a panel under subparagraph mation and sensitive program information; ‘‘(ii) OVERTURN.—The Security Executive (A) shall ensure that each decision of the and Agent may overturn a decision of the panel panel is consistent with the interests of na- ‘‘(iii) made available on a website that is if, not later than 30 days after the date on tional security and applicable provisions of searchable by members of the public. which the panel issues the decision, the Se- law. ‘‘(c) HIGHER LEVEL REVIEW.— curity Executive Agent personally exercises ‘‘(iii) OVERTURN.—The head of an agency ‘‘(1) PANEL.— the authority granted by this clause to over- may overturn a decision of the panel if, not ‘‘(A) ESTABLISHMENT.—Not later than 180 turn such decision. later than 30 days after the date on which days after the date of the enactment of the ‘‘(E) NATURE OF REMANDS.—In remanding a the panel issues the decision, the agency Damon Paul Nelson and Matthew Young Pol- decision under subparagraph (A), the panel head personally exercises the authority lard Intelligence Authorization Act for Fis- established under paragraph (1) may not di- granted by this clause to overturn such deci- cal Year 2020, the Security Executive Agent rect the outcome of any further appeal under sion. shall establish a panel to review decisions subsection (b).

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‘‘(F) NOTICE OF DECISIONS.—For each deci- section until the conclusion of the appeal the congressional intelligence committees a sion of the panel established under para- process under this section. report stating the reasons for the determina- graph (1) regarding a covered person, the Se- ‘‘(2) WAIVER OF RIGHTS.— tion. curity Executive Agent shall provide the ‘‘(A) PERSONS.—Any covered person may ‘‘(ii) FORM.—A report submitted under covered person with a written notice of the voluntarily waive the covered person’s right clause (i) may be submitted in classified decision that includes a detailed description to appeal under this section and such waiver form as necessary. of the reasons for the decision, consistent shall be conclusive. ‘‘(B) ANNUAL REPORTS.— with the interests of national security and ‘‘(B) AGENCIES.—The head of an agency ‘‘(i) IN GENERAL.—Not less frequently than applicable provisions of law. may not require a covered person to waive once each fiscal year, the Security Executive ‘‘(4) REPRESENTATION BY COUNSEL.— the covered person’s right to appeal under Agent shall submit to the congressional in- ‘‘(A) IN GENERAL.—The Security Executive this section for any reason. telligence committees a report on the deter- Agent shall ensure that, under this sub- ‘‘(e) WAIVER OF AVAILABILITY OF PROCE- minations made under paragraph (2) during section, a covered person appealing a deci- DURES FOR NATIONAL SECURITY INTEREST.— the previous fiscal year. sion under subsection (b) has an opportunity ‘‘(1) IN GENERAL.—If the head of an agency ‘‘(ii) CONTENTS.—Each report submitted to retain counsel or other representation at determines that a procedure established under clause (i) shall include, for the period the covered person’s expense. under this section cannot be made available covered by the report, the following: ‘‘(B) ACCESS TO CLASSIFIED INFORMATION.— to a covered person in an exceptional case ‘‘(I) The number of cases and reasons for ‘‘(i) IN GENERAL.—Upon the request of the without damaging a national security inter- determinations made under paragraph (2), covered person and a showing that the abil- est of the United States by revealing classi- disaggregated by agency. ity to review classified information is essen- fied information, such procedure shall not be ‘‘(II) Such other matters as the Security tial to the resolution of an appeal under this made available to such covered person. Executive Agent considers appropriate. subsection, the Security Executive Agent ‘‘(2) FINALITY.—A determination under ‘‘(g) RELATIONSHIP TO SUITABILITY.—No shall sponsor an application by the counsel paragraph (1) shall be final and conclusive person may use a determination of suit- or other representation retained under this and may not be reviewed by any other offi- ability under part 731 of title 5, Code of Fed- paragraph for access to classified informa- cial or by any court. eral Regulations, or successor regulation, for tion for the limited purposes of such appeal. ‘‘(3) REPORTING.— the purpose of denying a covered person the ‘‘(ii) EXTENT OF ACCESS.—Counsel or an- ‘‘(A) CASE-BY-CASE.— review proceedings of this section where other representative who is cleared for ac- ‘‘(i) IN GENERAL.—In each case in which the there has been a denial or revocation of eli- cess under this subparagraph may be af- head of an agency determines under para- gibility for access to classified information. forded access to relevant classified materials graph (1) that a procedure established under ‘‘(h) PRESERVATION OF ROLES AND RESPON- to the extent consistent with the interests of this section cannot be made available to a SIBILITIES UNDER EXECUTIVE ORDER 10865 AND national security. covered person, the head shall, not later OF THE DEFENSE OFFICE OF HEARINGS AND AP- ‘‘(5) ACCESS TO DOCUMENTS AND EMPLOY- than 30 days after the date on which the head PEALS.—Nothing in this section shall be con- EES.— makes such determination, submit to the Se- strued to diminish or otherwise affect the ‘‘(A) AFFORDING ACCESS TO MEMBERS OF curity Executive Agent and to the congres- procedures in effect on the day before the PANEL.—The Security Executive Agent shall sional intelligence committees a report stat- date of the enactment of this Act for denial afford access to classified information to the ing the reasons for the determination. and revocation procedures provided to indi- members of the panel established under para- ‘‘(ii) FORM.—A report submitted under viduals by Executive Order 10865 (50 U.S.C. graph (1)(A) as the Security Executive Agent clause (i) may be submitted in classified 3161 note; relating to safeguarding classified determines— form as necessary. information within industry), or successor ‘‘(i) necessary for the panel to review a de- ‘‘(B) ANNUAL REPORTS.— order, including those administered through cision described in such paragraph; and ‘‘(i) IN GENERAL.—Not less frequently than the Defense Office of Hearings and Appeals of ‘‘(ii) consistent with the interests of na- once each fiscal year, the Security Executive the Department of Defense under Depart- tional security. Agent shall submit to the congressional in- ment of Defense Directive 5220.6, or successor ‘‘(B) AGENCY COMPLIANCE WITH REQUESTS OF telligence committees a report on the deter- directive. PANEL.—Each head of an agency shall com- minations made under paragraph (1) during ‘‘(i) RULE OF CONSTRUCTION RELATING TO ply with each request by the panel for a doc- the previous fiscal year. CERTAIN OTHER PROVISIONS OF LAW.—This ument and each request by the panel for ac- ‘‘(ii) CONTENTS.—Each report submitted section and the processes and procedures es- cess to employees of the agency necessary under clause (i) shall include, for the period tablished under this section shall not be con- for the review of an appeal under this sub- covered by the report, the following: strued to apply to paragraphs (6) and (7) of section, to the degree that doing so is, as de- ‘‘(I) The number of cases and reasons for section 3001(j) of the Intelligence Reform and termined by the head of the agency and per- determinations made under paragraph (1), Terrorism Prevention Act of 2004 (50 U.S.C. mitted by applicable provisions of law, con- disaggregated by agency. 3341(j)).’’. sistent with the interests of national secu- ‘‘(II) Such other matters as the Security (2) CLERICAL AMENDMENT.—The table of rity. Executive Agent considers appropriate. contents in the matter preceding section 2 of ‘‘(6) PUBLICATION OF DECISIONS.— ‘‘(f) DENIALS AND REVOCATIONS UNDER the National Security Act of 1947 (50 U.S.C. ‘‘(A) IN GENERAL.—For each final decision OTHER PROVISIONS OF LAW.— 3002), as amended by subsection (c), is fur- on an appeal under this subsection, the head ‘‘(1) RULE OF CONSTRUCTION.—Nothing in ther amended by inserting after the item re- of the agency with respect to which the ap- this section shall be construed to limit or af- lating to section 801A the following: peal pertains and the Security Executive fect the responsibility and power of the head ‘‘Sec. 801B. Right to appeal.’’. Agent shall each publish the decision, con- of an agency to deny or revoke eligibility for SEC. 312. LIMITATION ON TRANSFER OF NA- sistent with the interests of national secu- access to classified information in the inter- TIONAL INTELLIGENCE UNIVERSITY. rity. est of national security. (a) LIMITATION.—Neither the Secretary of ‘‘(B) REQUIREMENTS.—In order to ensure ‘‘(2) DENIALS AND REVOCATION.—The power Defense nor the Director of National Intel- transparency, oversight by Congress, and and responsibility to deny or revoke eligi- ligence may commence any activity to meaningful information for those who need bility for access to classified information transfer the National Intelligence University to understand how the clearance process pursuant to any other provision of law or Ex- out of the Defense Intelligence Agency until works, each publication under subparagraph ecutive order may be exercised only when the Secretary and the Director jointly cer- (A) shall be— the head of an agency determines that an ap- tify each of the following: ‘‘(i) made in a manner that is consistent plicable process established under this sec- (1) The National Intelligence University with section 552 of title 5, United States tion cannot be invoked in a manner that is has positively adjudicated its warning from Code, as amended by the Electronic Freedom consistent with national security. the Middle States Commission on Higher of Information Act Amendments of 1996 ‘‘(3) FINALITY.—A determination under Education and had its regional accreditation (Public Law 104–231); paragraph (2) shall be final and conclusive fully restored. ‘‘(ii) published to explain the facts of the and may not be reviewed by any other offi- (2) The National Intelligence University case, redacting personally identifiable infor- cial or by any court. will serve as the exclusive means by which mation and sensitive program information; ‘‘(4) REPORTING.— advanced intelligence education is provided and ‘‘(A) CASE-BY-CASE.— to personnel of the Department of Defense. ‘‘(iii) made available on a website that is ‘‘(i) IN GENERAL.—In each case in which the (3) Military personnel will receive joint searchable by members of the public. head of an agency determines under para- professional military education from a Na- ‘‘(d) PERIOD OF TIME FOR THE RIGHT TO AP- graph (2) that determination relating to a tional Intelligence University location at a PEAL.— denial or revocation of eligibility for access non-Department of Defense agency. ‘‘(1) IN GENERAL.—Except as provided in to classified information could not be made (4) The Department of Education will allow paragraph (2), any covered person who has pursuant to a process established under this the Office of the Director of National Intel- been the subject of a decision made by the section, the head shall, not later than 30 ligence to grant advanced educational de- head of an agency to deny or revoke eligi- days after the date on which the head makes grees. bility for access to classified information such determination under paragraph (2), sub- (5) A governance model jointly led by the shall retain all rights to appeal under this mit to the Security Executive Agent and to Director and the Secretary of Defense is in

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3726 CONGRESSIONAL RECORD — SENATE June 18, 2019 place for the National Intelligence Univer- cedures by which appropriate industry part- panel under subparagraph (A)(ii) to review sity. ners with proper security clearances and a any matter relating to a decision made by (b) COST ESTIMATES.— need to know can have appropriate access to such agency. (1) DEFINITION OF APPROPRIATE COMMITTEES the policies and plans shared pursuant to ‘‘(C) CHAIRPERSON.— OF CONGRESS.—In this subsection, the term subsection (b) that directly affect those in- ‘‘(i) IN GENERAL.—Except as provided in ‘‘appropriate committees of Congress’’ dustry partners. clause (ii), the chairperson of any panel con- means— Subtitle C—Inspector General of the vened under this subsection shall be the In- (A) the congressional intelligence commit- Intelligence Community spector General of the Intelligence Commu- tees; SEC. 321. DEFINITIONS. nity. (B) the Committee on Armed Services of In this subtitle: ‘‘(ii) CONFLICTS OF INTEREST.—If the Inspec- the Senate; and (1) WHISTLEBLOWER.—The term ‘‘whistle- tor General of the Intelligence Community (C) the Committee on Armed Services of blower’’ means a person who makes a whis- finds cause to recuse himself or herself from the House of Representatives. tleblower disclosure. a panel convened under this subsection, the (2) IN GENERAL.—Before commencing any (2) WHISTLEBLOWER DISCLOSURE.—The term Inspector General of the Intelligence Com- activity to transfer the National Intelligence ‘‘whistleblower disclosure’’ means a disclo- munity shall— University out of the Defense Intelligence sure that is protected under section 1104 of ‘‘(I) select a chairperson from inspectors Agency, the Secretary of Defense and the Di- the National Security Act of 1947 (50 U.S.C. general of the elements listed under subpara- rector of National Intelligence shall jointly 3234) or section 3001(j)(1) of the Intelligence graph (A)(ii) whom the Inspector General of submit to the appropriate committees of Reform and Terrorism Prevention Act of 2004 the Intelligence Community considers appro- Congress an estimate of the direct and indi- (50 U.S.C. 3341(j)). priate; and rect costs of operating the National Intel- SEC. 322. INSPECTOR GENERAL EXTERNAL RE- ‘‘(II) notify the congressional intelligence ligence University and the costs of transfer- VIEW PANEL. committees of such selection. ring the National Intelligence University to (a) AUTHORITY TO CONVENE EXTERNAL RE- ‘‘(3) PERIOD OF REVIEW.—Each external re- another agency. VIEW PANELS.— view panel convened under this subsection to (3) CONTENTS.—The estimate submitted (1) IN GENERAL.—Title XI of the National review a claim shall complete review of the under paragraph (2) shall include all indirect Security Act of 1947 (50 U.S.C. 3231 et seq.) is claim no later than 270 days after the date costs, including with respect to human re- amended by adding at the end the following on which the Inspector General convenes the sources, security, facilities, and information new section: external review panel. technology. ‘‘SEC. 1105. INSPECTOR GENERAL EXTERNAL RE- SEC. 313. IMPROVING VISIBILITY INTO THE SECU- VIEW PANEL. ‘‘(d) REMEDIES.— RITY CLEARANCE PROCESS. ‘‘(a) REQUEST FOR REVIEW.—An individual ‘‘(1) PANEL RECOMMENDATIONS.—If an exter- (a) DEFINITION OF SECURITY EXECUTIVE with a claim described in subsection (b) may nal review panel convened under subsection AGENT.—In this section, the term ‘‘Security submit to the Inspector General of the Intel- (c) determines, pursuant to a review of a Executive Agent’’ means the officer serving ligence Community a request for a review of claim submitted by an individual under sub- as the Security Executive Agent pursuant to such claim by an external review panel con- section (a), that the individual was the subsection 803 of the National Security Act of vened under subsection (c). ject of a personnel action prohibited under 1947, as added by section 605 of division B. ‘‘(b) CLAIMS AND INDIVIDUALS DESCRIBED.— section 1104 or was subjected to a reprisal (b) POLICY REQUIRED.—Not later than 90 A claim described in this subsection is any— prohibited by section 3001(j)(1) of the Intel- days after the date of the enactment of this ‘‘(1) claim by an individual— ligence Reform and Terrorism Prevention Act, the Security Executive Agent shall ‘‘(A) that the individual has been subjected Act of 2004 (50 U.S.C. 3341(j)(1)), the panel issue a policy that requires the head of each to a personnel action that is prohibited may recommend that the agency head take Federal agency to create, not later than De- under section 1104; and corrective action— cember 31, 2023, an electronic portal that can ‘‘(B) who has exhausted the applicable re- ‘‘(A) in the case of an employee or former be used by human resources personnel and view process for the claim pursuant to en- employee— applicants for security clearances to view in- forcement of such section; or ‘‘(i) to return the employee or former em- formation about the status of an application ‘‘(2) claim by an individual— ployee, as nearly as practicable and reason- for a security clearance and the average time ‘‘(A) that he or she has been subjected to a able, to the position such employee or required for each phase of the security clear- reprisal prohibited by paragraph (1) of sec- former employee would have held had the re- ance process. tion 3001(j) of the Intelligence Reform and prisal not occurred; or Terrorism Prevention Act of 2004 (50 U.S.C. SEC. 314. MAKING CERTAIN POLICIES AND EXE- ‘‘(ii) reconsider the employee’s or former 3341(j)); and CUTION PLANS RELATING TO PER- employee’s eligibility for access to classified ‘‘(B) who received a decision on an appeal SONNEL CLEARANCES AVAILABLE information consistent with national secu- regarding that claim under paragraph (4) of TO INDUSTRY PARTNERS. rity; or such section. (a) DEFINITIONS.—In this section: ‘‘(B) in any other case, such other action as ‘‘(c) EXTERNAL REVIEW PANEL CONVENED.— (1) APPROPRIATE INDUSTRY PARTNER.—The the external review panel considers appro- ‘‘(1) DISCRETION TO CONVENE.—Upon receipt term ‘‘appropriate industry partner’’ means priate. a contractor, licensee, or grantee (as defined of a request under subsection (a) regarding a ‘‘(2) AGENCY ACTION.— in section 101(a) of Executive Order 12829 (50 claim, the Inspector General of the Intel- ‘‘(A) IN GENERAL.—Not later than 90 days U.S.C. 3161 note; relating to National Indus- ligence Community may, at the discretion of the Inspector General, convene an external after the date on which the head of an agen- trial Security Program), as in effect on the cy receives a recommendation from an exter- day before the date of the enactment of this review panel under this subsection to review the claim. nal review panel under paragraph (1), the Act) that is participating in the National In- head shall— ‘‘(2) MEMBERSHIP.— dustrial Security Program established by ‘‘(i) give full consideration to such rec- ‘‘(A) COMPOSITION.—An external review such Executive Order. ommendation; and (2) SECURITY EXECUTIVE AGENT.—The term panel convened under this subsection shall be composed of three members as follows: ‘‘(ii) inform the panel and the Director of ‘‘Security Executive Agent’’ means the offi- National Intelligence of what action the cer serving as the Security Executive Agent ‘‘(i) The Inspector General of the Intel- ligence Community. head has taken with respect to the rec- pursuant to section 803 of the National Secu- ommendation. rity Act of 1947, as added by section 605 of di- ‘‘(ii) Except as provided in subparagraph (B), two members selected by the Inspector ‘‘(B) FAILURE TO INFORM.—The Director vision B. shall notify the President of any failures to (b) SHARING OF POLICIES AND PLANS RE- General as the Inspector General considers comply with subparagraph (A)(ii). QUIRED.—Each head of a Federal agency shall appropriate on a case-by-case basis from share policies and plans relating to security among inspectors general of the following: ‘‘(e) ANNUAL REPORTS.— clearances with appropriate industry part- ‘‘(I) The Department of Defense. ‘‘(1) IN GENERAL.—Not less frequently than ners directly affected by such policies and ‘‘(II) The Department of Energy. once each year, the Inspector General of the plans in a manner consistent with the pro- ‘‘(III) The Department of Homeland Secu- Intelligence Community shall submit to the tection of national security as well as the rity. congressional intelligence committees and goals and objectives of the National Indus- ‘‘(IV) The Department of Justice. the Director of National Intelligence a re- trial Security Program administered pursu- ‘‘(V) The Department of State. port on the activities under this section dur- ant to Executive Order 12829 (50 U.S.C. 3161 ‘‘(VI) The Department of the Treasury. ing the previous year. note; relating to the National Industrial Se- ‘‘(VII) The Central Intelligence Agency. ‘‘(2) CONTENTS.—Subject to such limita- curity Program). ‘‘(VIII) The Defense Intelligence Agency. tions as the Inspector General of the Intel- (c) DEVELOPMENT OF POLICIES AND PROCE- ‘‘(IX) The National Geospatial-Intelligence ligence Community considers necessary to DURES REQUIRED.—Not later than 90 days Agency. protect the privacy of an individual who has after the date of the enactment of this Act, ‘‘(X) The National Reconnaissance Office. made a claim described in subsection (b), the Security Executive Agent and the Direc- ‘‘(XI) The National Security Agency. each report submitted under paragraph (1) tor of the National Industrial Security Pro- ‘‘(B) LIMITATION.—An inspector general of shall include, for the period covered by the gram shall jointly develop policies and pro- an agency may not be selected to sit on the report, the following:

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3727 ‘‘(A) The determinations and recommenda- spector General of the Intelligence Commu- TITLE IV—REPORTS AND OTHER tions made by the external review panels nity. MATTERS convened under this section. (2) ELEMENTS.—The feasibility study con- ‘‘(B) The responses of the heads of agencies ducted pursuant to paragraph (1) shall in- SEC. 401. STUDY ON FOREIGN EMPLOYMENT OF that received recommendations from the exclude the following: FORMER PERSONNEL OF INTEL- LIGENCE COMMUNITY. ternal review panels.’’. (A) The anticipated number of annual (2) TABLE OF CONTENTS AMENDMENT.—The whistleblower complaints received by all ele- (a) STUDY.—The Director of National Intel- table of contents in the first section of the ments of the intelligence community. ligence, in coordination with the Secretary National Security Act of 1947 is amended by (B) The additional resources required to of Defense and the Secretary of State, shall adding at the end the following new item: implement the hotline, including personnel conduct a study of matters relating to the ‘‘Sec. 1105. Inspector General external re- and technology. foreign employment of former personnel of view panel.’’. (C) The resulting budgetary effects. the intelligence community. (D) Findings from the system established (b) RECOMMENDATION ON ADDRESSING WHIS- (b) ELEMENTS.—The study conducted pur- pursuant to subsection (b). TLEBLOWER APPEALS RELATING TO REPRISAL suant to subsection (a) shall address the fol- (b) OVERSIGHT SYSTEM REQUIRED.—Not COMPLAINTS AGAINST INSPECTORS GENERAL.— later than 180 days after the date of the en- lowing: (1) IN GENERAL.—Not later than 180 days actment of this Act, the Inspector General of (1) Issues that pertain to former employees after the date of the enactment of this Act, the Intelligence Community shall establish a of the intelligence community working with, the Inspector General of the Intelligence system whereby the Inspector General is pro- or in support of, foreign governments, and Community shall submit to the congres- vided, in near real time, the following: the nature and scope of those concerns. sional intelligence committees a rec- (1) All information relating to complaints (2) Such legislative or administrative ac- ommendation on how to ensure that— by whistleblowers relating to the programs tion as may be necessary for both front-end (A) a whistleblower in the intelligence and activities under the jurisdiction of the screening and in-progress oversight by the community who has a complaint against an Director of National Intelligence. Director of Defense Trade Controls of li- inspector general in the intelligence commu- (2) Any inspector general actions relating censes issued by the Director for former em- nity and who alleges a reprisal, has available to such complaints. ployees of the intelligence community work- the agency adjudication and appellate review (c) PRIVACY PROTECTIONS.— ing for foreign governments. provided under section 1104 of the National (1) POLICIES AND PROCEDURES REQUIRED.— (3) How increased requirements could be Security Act of 1947 (50 U.S.C. 3234); and Before establishing the system required by imposed for periodic compliance reporting (B) any such whistleblower who has ex- subsection (b), the Inspector General of the when licenses are granted for companies or hausted the applicable review process may Intelligence Community shall establish poli- organizations that employ former personnel request an external review panel and receive cies and procedures to protect the privacy of of the intelligence community to execute one, at the discretion of the Inspector Gen- whistleblowers and protect against further contracts with foreign governments. eral of the Intelligence Community. dissemination of whistleblower information (c) REPORT AND PLAN.— (2) CONTENTS.—The recommendation sub- without consent of the whistleblower. (1) DEFINITION OF APPROPRIATE COMMITTEES mitted pursuant to paragraph (1) shall in- (2) CONTROL OF DISTRIBUTION.—The system OF CONGRESS.—In this subsection, the term clude the following: established under subsection (b) shall pro- ‘‘appropriate committees of Congress’’ (A) A discussion of whether and to what de- vide whistleblowers the option of prohibiting means— gree section 1105 of the National Security distribution of their complaints to the In- (A) the congressional intelligence commit- Act of 1947, as added by subsection (a)(1), spector General of the Intelligence Commu- tees; provides appropriate authorities and mecha- nity. (B) the Committee on Armed Services and nisms to provide an external review panel as SEC. 325. REPORT ON CLEARED WHISTLEBLOWER the Committee on Foreign Relations of the described in paragraph (1) of this subsection ATTORNEYS. Senate; and and for the purposes described in such para- (a) REPORT REQUIRED.—Not later than 1 (C) the Committee on Armed Services and graph. year after the date of the enactment of this the Committee on Foreign Affairs of the (B) Such recommendations for legislative Act, the Inspector General of the Intel- House of Representatives. or administrative action as the Inspector ligence Community shall submit to the con- (2) IN GENERAL.—Not later than 180 days General may have with respect to providing gressional intelligence committees a report after the date of the enactment of this Act, an external review panel as described in on access to cleared attorneys by whistle- the Director of National Intelligence shall paragraph (1) and for the purposes described blowers in the intelligence community. submit to the appropriate committees of in such paragraph. (b) CONTENTS.—The report submitted pur- Congress— suant to subsection (a) shall include the fol- SEC. 323. HARMONIZATION OF WHISTLEBLOWER (A) a report on the findings of the Director PROCESSES AND PROCEDURES. lowing: with respect to the study conducted pursu- (a) IN GENERAL.—Not later than 270 days (1) The number of whistleblowers in the in- ant to subsection (a); and after the date of the enactment of this Act, telligence community who sought to retain a (B) a plan to carry out such administrative the Inspector General of the Intelligence cleared attorney and at what stage they actions as the Director considers appropriate Community, in coordination with the Intel- sought such an attorney. pursuant to the findings described in sub- ligence Community Inspectors General (2) For the 3-year period preceding the re- paragraph (A). Forum, shall develop recommendations, ap- port, the following: plicable to all inspectors general of elements (A) The number of limited security agree- SEC. 402. COMPREHENSIVE ECONOMIC ASSESS- of the intelligence community, regarding the ments (LSAs). MENT OF INVESTMENT IN KEY harmonization of instructions, policies, and (B) The scope and clearance levels of such UNITED STATES TECHNOLOGIES BY directives relating to processes, procedures, limited security agreements. COMPANIES OR ORGANIZATIONS and timelines for claims and appeals relating (C) The number of whistleblowers rep- LINKED TO CHINA. to allegations of personnel actions prohib- resented by cleared counsel. (a) ASSESSMENT REQUIRED.—Not later than ited under section 1104 of the National Secu- (3) Recommendations for legislative or ad- 90 days after the date of the enactment of rity Act of 1947 or reprisals prohibited by ministrative action to ensure that whistle- this Act, the Director of National Intel- section 3001(j)(1) of the Intelligence Reform blowers in the intelligence community have ligence, in coordination with the Director of and Terrorism Prevention Act of 2004 (50 access to cleared attorneys, including im- the National Counterintelligence and Secu- U.S.C. 3341(j)(1)). provements to the limited security agree- rity Center, the Director of the Federal Bu- (b) TRANSPARENCY AND PROTECTION.—In de- ment process and such other options as the reau of Investigation, the Director of the veloping recommendations under subsection Inspector General of the Intelligence Com- Central Intelligence Agency, the Secretary (a), the Inspector General of the Intelligence munity considers appropriate. of the Treasury, and the heads of such other Community shall make efforts to maximize (c) SURVEY.—The Inspector General of the Federal agencies as the Director of National transparency and protect whistleblowers. Intelligence Community shall ensure that Intelligence considers appropriate, shall sub- the report submitted under subsection (a) is SEC. 324. INTELLIGENCE COMMUNITY OVER- mit to the congressional intelligence com- based on— SIGHT OF AGENCY WHISTLEBLOWER mittees a comprehensive economic assess- ACTIONS. (1) data from a survey of whistleblowers ment of investment in key United States (a) FEASIBILITY STUDY.— whose claims are reported to the Inspector technologies, including emerging tech- (1) IN GENERAL.—Not later than 1 year after General of the Intelligence Community by nologies, by companies or organizations the date of the enactment of this Act, the In- means of the oversight system established linked to China, including the implications spector General of the Intelligence Commu- pursuant to section 324; of these investments for the national secu- nity, in consultation with the Intelligence (2) information obtained from the inspec- rity of the United States. Community Inspectors General Forum, shall tors general of the intelligence community; complete a feasibility study on establishing or (b) FORM OF ASSESSMENT.—The assessment a hotline whereby all complaints of whistle- (3) information from such other sources as submitted under subsection (a) shall be sub- blowers relating to the intelligence commu- may be identified by the Inspector General of mitted in unclassified form, but may include nity are automatically referred to the In- the Intelligence Community. a classified annex.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3728 CONGRESSIONAL RECORD — SENATE June 18, 2019 SEC. 403. ANALYSIS OF AND PERIODIC BRIEFINGS (4) These information warfare operations other foreign information warfare operations ON MAJOR INITIATIVES OF INTEL- continue to evolve and increase in sophis- and to aid in preparations for the United LIGENCE COMMUNITY IN ARTIFI- tication. States presidential and congressional elec- CIAL INTELLIGENCE AND MACHINE (5) Other foreign adversaries and hostile tions in 2020 and beyond; LEARNING. non-state actors will increasingly adopt (4) the structure and operations of social (a) ANALYSIS.— similar tactics of deploying information war- media companies make them well positioned (1) IN GENERAL.—Not later than 90 days fare operations against the West. to address foreign adversary threat networks after the date of the enactment of this Act, (6) Technological advances, including arti- within and across their platforms, and these the Director of National Intelligence shall, ficial intelligence, will only make it more efforts could be conducted without direct in coordination with the heads of such ele- difficult in the future to detect fraudulent Government involvement, direction, or regu- ments of the intelligence community as the accounts, deceptive material posted on so- lation; and Director considers appropriate— cial media, and malign behavior on social (5) if the social media industry fails to (A) complete a comprehensive analysis of media platforms. take sufficient action to address foreign ad- the major initiatives of the intelligence com- (7) Because these information warfare op- versary threat networks operating within or munity in artificial intelligence and ma- erations are deployed within and across pri- across their platforms, Congress would have chine learning; and vate social media platforms, the companies to consider additional safeguards for ensur- (B) submit to the congressional intel- that own these platforms have a responsi- ing that this threat is effectively mitigated. ligence committees a report on the findings bility to detect and remove foreign adver- (c) AUTHORITY TO FACILITATE ESTABLISH- of the Director with respect to the analysis sary networks operating clandestinely on MENT OF SOCIAL MEDIA DATA ANALYSIS CEN- conducted pursuant to subparagraph (A). their platforms. TER.— (2) ELEMENTS.—The analysis conducted (8) The social media companies are inher- (1) AUTHORITY.—The Director of National under paragraph (1)(A) shall include analyses ently technologically sophisticated and Intelligence, in coordination with the Sec- of how the initiatives described in such para- adept at rapidly analyzing large amounts of retary of Defense, may facilitate, by grant or graph— data and developing software-based solutions contract or under an existing authority of (A) correspond with the strategy of the in- to diverse and ever-changing challenges on the Director, the establishment of a Social telligence community entitled ‘‘Augmenting their platforms, which makes them well- Media Data Analysis Center with the func- Intelligence Using Machines’’; equipped to address the threat occurring on tions described in paragraph (2) at an inde- (B) complement each other and avoid un- their platforms. pendent, nonprofit organization. necessary duplication; (9) Independent analyses confirmed Krem- (2) FUNCTIONS.—The functions described in (C) are coordinated with the efforts of the lin-linked threat networks, based on data this paragraph are the following: Defense Department on artificial intel- provided by several social media companies (A) Acting as a convening and sponsoring ligence, including efforts at the Joint Artifi- to the Select Committee on Intelligence of authority for cooperative social media data cial Intelligence Center (JAIC) and Project the Senate, thereby demonstrating that it is analysis of foreign threat networks involving Maven; and possible to discern both broad patterns of social media companies and third-party ex- (D) leverage advances in artificial intel- cross-platform information warfare oper- perts, nongovernmental organizations, data ligence and machine learning in the private ations and specific fraudulent behavior on journalists, federally funded research and de- sector. social media platforms. velopment centers, and academic researchers. (b) PERIODIC BRIEFINGS.—Not later than 30 (10) General Paul Nakasone, Director of (B) Facilitating analysis within and across days after the date of the enactment of this the National Security Agency, emphasized the individual social media platforms for the Act, not less frequently than twice each year the importance of these independent anal- purpose of detecting, exposing, and coun- thereafter until the date that is 2 years after yses to the planning and conduct of military tering clandestine foreign influence oper- the date of the enactment of this Act, and cyber operations to frustrate Kremlin-linked ations and related unlawful activities that not less frequently than once each year information warfare operations against the fund or subsidize such operations. thereafter until the date that is 7 years after 2018 mid-term elections. General Nakasone (C) Developing processes to share informa- the date of the enactment of this Act, the stated that the reports ‘‘were very, very tion from government entities on foreign in- Director and the Chief Information Officer of helpful in terms of being able to understand exactly what our adversary was trying to do fluence operations with the individual social the Department of Defense shall jointly pro- to build dissent within our nation.’’. media companies to inform threat analysis, vide to the congressional intelligence com- (11) Institutionalizing ongoing robust, and working with the Office of the Director mittees and congressional defense commit- independent, and vigorous analysis of data of National Intelligence as appropriate. tees (as defined in section 101 of title 10, related to foreign threat networks within (D) Determining and making public cri- United States Code) briefings with updates and across social media platforms will help teria for identifying which companies, orga- on activities relating to, and the progress of, counter ongoing information warfare oper- nizations, or researchers qualify for inclu- their respective artificial intelligence and ations against the United States, its allies, sion in the activities of the Center, and in- machine learning initiatives, particularly and its partners. viting entities that fit the criteria to join. the Augmenting Intelligence Using Machines (12) Archiving and disclosing to the public (E) Determining jointly with the social initiative and the Joint Artificial Intel- the results of these analyses by the social media companies what data and metadata ligence Center. media companies and trusted third-party ex- related to indicators of foreign adversary SEC. 404. ENCOURAGING COOPERATIVE ACTIONS perts in a transparent manner will serve to threat networks from their platforms and TO DETECT AND COUNTER FOREIGN demonstrate that the social media compa- business operations will be made available INFLUENCE OPERATIONS. nies are detecting and removing foreign ma- for access and analysis. (a) FINDINGS.—Congress makes the fol- lign activities from their platforms while (F) Developing and making public the cri- lowing findings: protecting the privacy of the people of the teria and standards that must be met for (1) The Russian Federation, through mili- United States and will build public under- companies, other organizations, and indi- tary intelligence units, also known as the standing of the scale and scope of these for- vidual researchers to access and analyze data ‘‘GRU’’, and Kremlin-linked troll organiza- eign threats to our democracy, since expo- relating to foreign adversary threat net- tions often referred to as the ‘‘Internet Re- sure is one of the most effective means to works within and across social media plat- search Agency’’, deploy information warfare build resilience. forms and publish or otherwise use the re- operations against the United States, its al- (b) SENSE OF THE SENATE.—It is the sense sults. lies and partners, with the goal of advancing of the Senate that— (G) Developing and making public the eth- the strategic interests of the Russian Fed- (1) the social media companies should co- ical standards for investigation of foreign eration. operate among themselves and with inde- threat networks and use of analytic results (2) One line of effort deployed as part of pendent organizations and researchers on a and for protection of the privacy of the cus- these information warfare operations is the sustained and regular basis to share and ana- tomers and users of the social media plat- weaponization of social media platforms lyze data and indicators relevant to foreign forms and of the proprietary information of with the goals of intensifying societal ten- information warfare operations within and the social media companies. sions, undermining trust in governmental in- across their platforms in order to detect and (H) Developing technical, contractual, and stitutions within the United States, its allies counter foreign information warfare oper- procedural controls to prevent misuse of and partners in the West, and generally sow- ations that threaten the national security of data, including any necessary auditing pro- ing division, fear, and confusion. the United States and its allies and partners; cedures, compliance checks, and review (3) These information warfare operations (2) these analytic efforts should be orga- mechanisms. are a threat to the national security of the nized in such a fashion as to meet the high- (I) Developing and making public criteria United States and that of the allies and part- est standards of ethics, confidentiality, and and conditions under which the Center shall ners of the United States. As Director of Na- privacy protection of the people of the share information with the appropriate Gov- tional Intelligence Dan Coats stated, ‘‘These United States; ernment agencies regarding threats to na- actions are persistent, they are pervasive (3) these analytic efforts should be under- tional security from, or violations of the law and they are meant to undermine America’s taken as soon as possible to facilitate coun- involving, foreign activities on social media democracy.’’. tering ongoing Kremlin, Kremlin-linked, and platforms.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3729 (J) Developing a searchable, public archive SEC. 405. OVERSIGHT OF FOREIGN INFLUENCE IN (2) The implications of such global and re- aggregating information related to foreign ACADEMIA. gional adoption on the cyber and espionage influence and disinformation operations to (a) DEFINITIONS.—In this section: threat to the United States and United build a collective understanding of the (1) COVERED INSTITUTION OF HIGHER EDU- States interests as well as to United States threats and facilitate future examination CATION.—The term ‘‘covered institution of cyber and collection capabilities. consistent with privacy protections. higher education’’ means an institution de- (3) The effect of possible mitigation efforts, (d) REPORTING AND NOTIFICATIONS.—If the scribed in section 102 of the Higher Edu- including: Director of National Intelligence chooses to cation Act of 1965 (20 U.S.C. 1002) that re- (A) United States Government policy pro- use funds under subsection (c)(1) to facilitate ceives Federal funds in any amount and for moting the use of strong, end-to-end the establishment of the Center, the Director any purpose. encryption for data transmitted over fifth- of the Center shall— (2) SENSITIVE RESEARCH SUBJECT.—The generation wireless networks. (1) not later than March 1, 2020, submit to term ‘‘sensitive research subject’’ means a (B) United States Government policy pro- Congress a report on— subject of research that is carried out at a moting or funding free, open-source imple- (A) the estimated funding needs of the Cen- covered institution of higher education that mentation of fifth-generation wireless net- ter for fiscal year 2021 and for subsequent receives funds that were appropriated for— work technology. years; (A) the National Intelligence Program; or (C) United States Government subsidies or (B) such statutory protections from liabil- (B) any Federal agency the Director of Na- incentives that could be used to promote the ity as the Director considers necessary for tional Intelligence deems appropriate. adoption of secure fifth-generation wireless the Center, participating social media com- (b) REPORT REQUIRED.—Not later than 180 network technology developed by companies panies, and participating third-party analyt- days after the date of the enactment of this of the United States or companies of allies of ical participants; Act and not less frequently than once each the United States. (C) such statutory penalties as the Direc- year thereafter, the Director of National In- (D) United States Government strategy to tor considers necessary to ensure against telligence, in consultation with such ele- reduce foreign influence and political pres- misuse of data by researchers; and ments of the intelligence community as the sure in international standard-setting bod- (D) such changes to the Center’s mission to Director considers appropriate and con- ies. fully capture broader unlawful activities sistent with the privacy protections afforded (c) FORM.—The report submitted under that intersect with, complement, or support to United States persons, shall submit to subsection (a) shall be submitted in unclassi- information warfare tactics; and congressional intelligence committees a re- fied form to the greatest extent practicable, (2) not less frequently than once each year, port on risks to sensitive research subjects but may include a classified appendix if nec- submit to the Director of National Intel- posed by foreign entities in order to provide essary. ligence, the Secretary of Defense, and the ap- Congress and covered institutions of higher SEC. 407. ANNUAL REPORT BY COMPTROLLER propriate congressional committees a re- education with more complete information GENERAL OF THE UNITED STATES port— on these risks and to help ensure academic ON CYBERSECURITY AND SURVEIL- (A) that assesses— freedom. LANCE THREATS TO CONGRESS. (a) ANNUAL REPORT REQUIRED.—Not later (i) degree of cooperation and commitment (c) CONTENTS.—The report required by sub- than 180 days after the date of the enactment from the social media companies to the mis- section (b) shall include the following: of this Act and not less frequently than once sion of the Center; and (1) A list of sensitive research subjects that each year thereafter, the Comptroller Gen- (ii) effectiveness of the Center in detecting could affect national security. eral of the United States shall submit to the and removing clandestine foreign informa- (2) A list of foreign entities, including gov- congressional intelligence committees a re- tion warfare operations from social media ernments, corporations, nonprofit organiza- port on cybersecurity and surveillance platforms; and tions and for-profit organizations, and any threats to Congress. (B) includes such recommendations for leg- subsidiary or affiliate of such an entity, that (b) STATISTICS.—Each report submitted islative or administrative action as the Cen- the Director determines pose a counterintel- under subsection (a) shall include statistics ter considers appropriate to carry out the ligence, espionage (including economic espi- on cyber attacks and other incidents of espi- functions of the Center. onage), or other national security threats with respect to sensitive research subjects. onage or surveillance targeted against Sen- (e) PERIODIC REPORTING TO THE PUBLIC.— (3) A list of any known or suspected at- ators or the immediate families or staff of The Director of the Center shall— tempts by foreign entities to exert pressure the Senators, in which the nonpublic com- (1) once each quarter, make available to on covered institutions of higher education, munications and other private information the public a report on key trends in foreign including attempts to limit freedom of of such targeted individuals were lost, sto- influence and disinformation operations, in- speech, propagate misinformation or len, or otherwise subject to unauthorized ac- cluding any threats to campaigns and elec- disinformation, or to influence professors, cess by criminals or a foreign government. tions, to inform the public of the United researchers, or students. (c) CONSULTATION.—In preparing a report States; and (4) Recommendations for collaboration be- to be submitted under subsection (a), the (2) as the Director considers necessary, tween covered institutions of higher edu- Comptroller General shall consult with the provide more timely assessments relating to cation and the intelligence community to Director of National Intelligence, the Sec- ongoing disinformation campaigns. mitigate threats to sensitive research sub- retary of Homeland Security, and the Ser- (f) FUNDING.—Of the amounts appropriated jects associated with foreign influence in geant at Arms and Doorkeeper of the Senate. or otherwise made available to the National academia, including any necessary legisla- SEC. 408. DIRECTOR OF NATIONAL INTEL- Intelligence Program (as defined in section 3 tive or administrative action. LIGENCE ASSESSMENTS OF FOR- of the National Security Act of 1947 (50 (d) CONGRESSIONAL NOTIFICATIONS RE- EIGN INTERFERENCE IN ELECTIONS. U.S.C. 3003)) in fiscal year 2020 and 2021, the QUIRED.—Not later than 30 days after the (a) ASSESSMENTS REQUIRED.—Not later Director of National Intelligence may use up date on which the Director identifies a than 45 days after the conclusion of a United to $30,000,000 to carry out this section. change to either list described in paragraph States election, the Director of National In- (g) DEFINITION OF APPROPRIATE CONGRES- (1) or (2) of subsection (c), the Director shall telligence, in consultation with the heads of SIONAL COMMITTEES.—In this section, the notify the congressional intelligence com- such other executive departments and agen- term ‘‘appropriate congressional commit- mittees of the change. cies as the Director considers appropriate, tees’’ means— SEC. 406. DIRECTOR OF NATIONAL INTEL- shall— (1) the Committee on Armed Services of LIGENCE REPORT ON FIFTH-GEN- (1) conduct an assessment of any informa- the Senate; ERATION WIRELESS NETWORK tion indicating that a foreign government, or (2) the Committee on Homeland Security TECHNOLOGY. any person acting as an agent of or on behalf and Governmental Affairs of the Senate; (a) REPORT REQUIRED.—Not later than 180 of a foreign government, has acted with the (3) the Committee on Foreign Relations of days after the date of the enactment of this intent or purpose of interfering in that elec- the Senate; Act, the Director of National Intelligence tion; and (4) the Committee on the Judiciary of the shall submit to the congressional intel- (2) transmit the findings of the Director Senate; ligence committees a report on— with respect to the assessment conducted (5) the Select Committee on Intelligence of (1) the threat to United States national se- under paragraph (1), along with such sup- the Senate; curity posed by the global and regional adop- porting information as the Director con- (6) the Committee on Armed Services of tion of fifth-generation (5G) wireless net- siders appropriate, to the following: the House of Representatives; work technology built by foreign companies; (A) The President. (7) the Committee on Homeland Security and (B) The Secretary of State. of the House of Representatives; (2) the effect of possible efforts to mitigate (C) The Secretary of the Treasury. (8) the Committee on Foreign Affairs of the the threat. (D) The Secretary of Defense. House of Representatives; (b) CONTENTS.—The report required by sub- (E) The Attorney General. (9) the Committee on the Judiciary of the section (a) shall include: (F) The Secretary of Homeland Security. House of Representatives; and (1) The timeline and scale of global and re- (G) Congress. (10) the Permanent Select Committee on gional adoption of foreign fifth-generation (b) ELEMENTS.—An assessment conducted Intelligence of the House of Representatives. wireless network technology. under subsection (a)(1), with respect to an

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3730 CONGRESSIONAL RECORD — SENATE June 18, 2019 act described in such subsection, shall iden- Sec. 102. Classified Schedule of Authoriza- Sec. 413. Repeal of foreign language pro- tify, to the maximum extent ascertainable, tions. ficiency requirement for cer- the following: Sec. 103. Intelligence Community Manage- tain senior level positions in (1) The nature of any foreign interference ment Account. the Central Intelligence Agen- and any methods employed to execute the TITLE II—CENTRAL INTELLIGENCE cy. act. AGENCY RETIREMENT AND DIS- Subtitle C—Office of Intelligence and Coun- (2) The persons involved. ABILITY SYSTEM terintelligence of Department of Energy (3) The foreign government or governments Sec. 201. Authorization of appropriations. Sec. 421. Consolidation of Department of En- that authorized, directed, sponsored, or sup- Sec. 202. Computation of annuities for em- ergy Offices of Intelligence and ported the act. ployees of the Central Intel- Counterintelligence. (c) PUBLICATION.—In a case in which the ligence Agency. Director conducts an assessment under sub- Sec. 422. Repeal of Department of Energy In- TITLE III—GENERAL INTELLIGENCE section (a)(1) with respect to an election, the telligence Executive Com- COMMUNITY MATTERS Director shall, as soon as practicable after mittee and budget reporting re- the date of the conclusion of such election Sec. 301. Restriction on conduct of intel- quirement. and not later than 60 days after the date of ligence activities. Subtitle D—Other Elements Sec. 302. Increase in employee compensation such conclusion, make available to the pub- Sec. 431. Plan for designation of counter- lic, to the greatest extent possible consistent and benefits authorized by law. Sec. 303. Modification of special pay author- intelligence component of De- with the protection of sources and methods, ity for science, technology, en- fense Security Service as an the findings transmitted under subsection gineering, or mathematics posi- element of intelligence commu- (a)(2). tions and addition of special nity. SEC. 409. STUDY ON FEASIBILITY AND ADVIS- pay authority for cyber posi- Sec. 432. Notice not required for private en- ABILITY OF ESTABLISHING tities. GEOSPATIAL-INTELLIGENCE MU- tions. Sec. 304. Modification of appointment of Sec. 433. Framework for roles, missions, and SEUM AND LEARNING CENTER. functions of Defense Intel- (a) STUDY REQUIRED.—Not later than 180 Chief Information Officer of the ligence Agency. days after the date of the enactment of this Intelligence Community. Sec. 434. Establishment of advisory board Act, the Director of the National Geospatial- Sec. 305. Director of National Intelligence for National Reconnaissance Intelligence Agency shall complete a study review of placement of posi- Office. on the feasibility and advisability of estab- tions within the intelligence Sec. 435. Collocation of certain Department lishing a Geospatial-Intelligence Museum community on the Executive of Homeland Security personnel and learning center. Schedule. at field locations. (b) ELEMENTS.—The study required by sub- Sec. 306. Supply Chain and Counterintel- section (a) shall include the following: ligence Risk Management Task TITLE V—ELECTION MATTERS (1) Identifying the costs, opportunities, and Force. Sec. 501. Report on cyber attacks by foreign Sec. 307. Consideration of adversarial tele- challenges of establishing the museum and governments against United communications and cybersecu- learning center as described in such sub- States election infrastructure. rity infrastructure when shar- section. Sec. 502. Review of intelligence commu- ing intelligence with foreign (2) Developing recommendations con- nity’s posture to collect against governments and entities. cerning such establishment. and analyze Russian efforts to Sec. 308. Cyber protection support for the (3) Identifying and reviewing lessons influence the Presidential elec- personnel of the intelligence learned from the establishment of the Cyber tion. community in positions highly Center for Education and Innovation-Home Sec. 503. Assessment of foreign intelligence of the National Cryptologic Museum under vulnerable to cyber attack. Sec. 309. Modification of authority relating threats to Federal elections. section 7781(a) of title 10, United States to management of supply-chain Sec. 504. Strategy for countering Russian Code. risk. cyber threats to United States (c) REPORT.—Not later than 180 days after elections. the date of the enactment of this Act, the Sec. 310. Limitations on determinations regarding certain security classi- Sec. 505. Assessment of significant Russian Director shall submit to the congressional influence campaigns directed at intelligence committees and the congres- fications. Sec. 311. Joint Intelligence Community foreign elections and referenda. sional defense committees (as defined in sec- Council. Sec. 506. Foreign counterintelligence and tion 101 of title 10, United States Code) a re- Sec. 312. Intelligence community informa- cybersecurity threats to Fed- port on the findings of the Director with re- tion technology environment. eral election campaigns. spect to the study completed under sub- Sec. 313. Report on development of secure Sec. 507. Information sharing with State section (a). mobile voice solution for intel- election officials. SEC. 410. REPORT ON DEATH OF JAMAL ligence community. Sec. 508. Notification of significant foreign KHASHOGGI. Sec. 314. Policy on minimum insider threat cyber intrusions and active (a) IN GENERAL.—Not later than 30 days standards. measures campaigns directed at after the date of the enactment of this Act, Sec. 315. Submission of intelligence commu- elections for Federal offices. the Director of National Intelligence shall nity policies. Sec. 509. Designation of counterintelligence submit to Congress a report on the death of Sec. 316. Expansion of intelligence commu- officer to lead election security Jamal Khashoggi, consistent with protecting nity recruitment efforts. matters. sources and methods. Such report shall in- TITLE IV—MATTERS RELATING TO ELE- clude identification of those who carried out, TITLE VI—SECURITY CLEARANCES MENTS OF THE INTELLIGENCE COMMU- Sec. 601. Definitions. participated in, ordered, or were otherwise NITY complicit in or responsible for the death of Sec. 602. Reports and plans relating to secu- Jamal Khashoggi. Subtitle A—Office of the Director of rity clearances and background (b) FORM.—The report submitted under National Intelligence investigations. subsection (a) shall be submitted in unclassi- Sec. 401. Authority for protection of current Sec. 603. Improving the process for security fied form. and former employees of the Of- clearances. DIVISION ll—INTELLIGENCE AUTHOR- fice of the Director of National Sec. 604. Goals for promptness of determina- IZATIONS FOR FISCAL YEARS 2018 AND Intelligence. tions regarding security clear- 2019 Sec. 402. Designation of the program man- ances. ager-information sharing envi- Sec. 605. Security Executive Agent. SEC. 1. SHORT TITLE; TABLE OF CONTENTS. ronment. Sec. 606. Report on unified, simplified, Gov- (a) SHORT TITLE.—This division may be Sec. 403. Technical modification to the exec- ernmentwide standards for po- cited as the ‘‘Damon Paul Nelson and Mat- utive schedule. sitions of trust and security thew Young Pollard Intelligence Authoriza- Sec. 404. Chief Financial Officer of the Intel- clearances. tion Act for Fiscal Years 2018 and 2019’’. ligence Community. Sec. 607. Report on clearance in person con- (b) TABLE OF CONTENTS.—The table of con- Sec. 405. Chief Information Officer of the In- tents for this division is as follows: cept. telligence Community. Sec. 608. Budget request documentation on DIVISION ll—INTELLIGENCE AUTHOR- Subtitle B—Central Intelligence Agency funding for background inves- IZATIONS FOR FISCAL YEARS 2018 AND Sec. 411. Central Intelligence Agency sub- tigations. 2019 sistence for personnel assigned Sec. 609. Reports on reciprocity for security Sec. 1. Short title; table of contents. to austere locations. clearances inside of depart- Sec. 2. Definitions. Sec. 412. Expansion of security protective ments and agencies. TITLE I—INTELLIGENCE ACTIVITIES service jurisdiction of the Cen- Sec. 610. Intelligence community reports on Sec. 101. Authorization of appropriations. tral Intelligence Agency. security clearances.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0655 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3731 Sec. 611. Periodic report on positions in the Sec. 724. Annual report on memoranda of (10) The Department of Energy. intelligence community that understanding between ele- (11) The Department of Justice. can be conducted without ac- ments of intelligence commu- (12) The Federal Bureau of Investigation. cess to classified information, nity and other entities of the (13) The Drug Enforcement Administra- networks, or facilities. United States Government re- tion. Sec. 612. Information sharing program for garding significant operational (14) The National Reconnaissance Office. positions of trust and security activities or policy. (15) The National Geospatial-Intelligence clearances. Sec. 725. Study on the feasibility of Agency. Sec. 613. Report on protections for confiden- encrypting unclassified wireline (16) The Department of Homeland Secu- tiality of whistleblower-related and wireless telephone calls. rity. communications. Sec. 726. Modification of requirement for an- (b) FISCAL YEAR 2018.—Funds that were ap- nual report on hiring and reten- propriated for fiscal year 2018 for the conduct TITLE VII—REPORTS AND OTHER tion of minority employees. of the intelligence and intelligence-related MATTERS Sec. 727. Reports on intelligence community activities of the elements of the United Subtitle A—Matters Relating to Russia and loan repayment and related States set forth in subsection (a) are hereby Other Foreign Powers programs. authorized. Sec. 728. Repeal of certain reporting require- SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- Sec. 701. Limitation relating to establishments. TIONS. ment or support of cybersecu- Sec. 729. Inspector General of the Intel- (a) SPECIFICATIONS OF AMOUNTS.—The rity unit with the Russian Fed- ligence Community report on amounts authorized to be appropriated under eration. senior executives of the Office section 101 for the conduct of the intel- Sec. 702. Report on returning Russian com- of the Director of National In- ligence activities of the elements listed in pounds. telligence. paragraphs (1) through (16) of section 101, are Sec. 703. Assessment of threat finance relat- Sec. 730. Briefing on Federal Bureau of In- those specified in the classified Schedule of ing to Russia. vestigation offering permanent Authorizations prepared to accompany this Sec. 704. Notification of an active measures residence to sources and co- division. campaign. operators. (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.— Sec. 705. Notification of travel by accredited Sec. 731. Intelligence assessment of North (1) AVAILABILITY.—The classified Schedule diplomatic and consular per- Korea revenue sources. Sec. 732. Report on possible exploitation of of Authorizations referred to in subsection sonnel of the Russian Federa- (a) shall be made available to the Committee tion in the United States. virtual currencies by terrorist actors. on Appropriations of the Senate, the Com- Sec. 706. Report on outreach strategy ad- mittee on Appropriations of the House of dressing threats from United Subtitle C—Other Matters Representatives, and to the President. States adversaries to the Sec. 741. Public Interest Declassification (2) DISTRIBUTION BY THE PRESIDENT.—Sub- United States technology sec- Board. ject to paragraph (3), the President shall pro- tor. Sec. 742. Securing energy infrastructure. vide for suitable distribution of the classified Sec. 707. Report on Iranian support of proxy Sec. 743. Bug bounty programs. Schedule of Authorizations referred to in forces in Syria and Lebanon. Sec. 744. Modification of authorities relating subsection (a), or of appropriate portions of Sec. 708. Annual report on Iranian expendi- to the National Intelligence such Schedule, within the executive branch. tures supporting foreign mili- University. (3) LIMITS ON DISCLOSURE.—The President tary and terrorist activities. Sec. 745. Technical and clerical amendments shall not publicly disclose the classified Sec. 709. Expansion of scope of committee to to the National Security Act of Schedule of Authorizations or any portion of counter active measures and re- 1947. such Schedule except— port on establishment of For- Sec. 746. Technical amendments related to (A) as provided in section 601(a) of the Im- eign Malign Influence Center. the Department of Energy. plementing Recommendations of the 9/11 Sec. 747. Sense of Congress on notification of Commission Act of 2007 (50 U.S.C. 3306(a)); Subtitle B—Reports certain disclosures of classified (B) to the extent necessary to implement Sec. 711. Technical correction to Inspector information. the budget; or General study. Sec. 748. Sense of Congress on consideration (C) as otherwise required by law. Sec. 712. Reports on authorities of the Chief of espionage activities when SEC. 103. INTELLIGENCE COMMUNITY MANAGE- Intelligence Officer of the De- considering whether or not to MENT ACCOUNT. partment of Homeland Secu- provide visas to foreign individ- (a) AUTHORIZATION OF APPROPRIATIONS.— rity. uals to be accredited to a There is authorized to be appropriated for Sec. 713. Report on cyber exchange program. United Nations mission in the the Intelligence Community Management United States. Account of the Director of National Intel- Sec. 714. Review of intelligence community Sec. 749. Sense of Congress on WikiLeaks. ligence for fiscal year 2019 the sum of whistleblower matters. SEC. 2. DEFINITIONS. $522,424,000. Sec. 715. Report on role of Director of Na- In this division: (b) CLASSIFIED AUTHORIZATION OF APPRO- tional Intelligence with respect PRIATIONS (1) CONGRESSIONAL INTELLIGENCE COMMIT- .—In addition to amounts author- to certain foreign investments. ized to be appropriated for the Intelligence TEES.—The term ‘‘congressional intelligence Sec. 716. Report on surveillance by foreign committees’’ has the meaning given such Community Management Account by sub- governments against United term in section 3 of the National Security section (a), there are authorized to be appro- States telecommunications net- Act of 1947 (50 U.S.C. 3003). priated for the Intelligence Community Man- works. agement Account for fiscal year 2019 such ad- (2) INTELLIGENCE COMMUNITY.—The term Sec. 717. Biennial report on foreign invest- ‘‘intelligence community’’ has the meaning ditional amounts as are specified in the classified Schedule of Authorizations referred to ment risks. given such term in such section. in section 102(a). Sec. 718. Modification of certain reporting TITLE I—INTELLIGENCE ACTIVITIES requirement on travel of for- TITLE II—CENTRAL INTELLIGENCE AGEN- eign diplomats. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. CY RETIREMENT AND DISABILITY SYS- (a) FISCAL YEAR 2019.—Funds are hereby Sec. 719. Semiannual reports on investiga- TEM authorized to be appropriated for fiscal year tions of unauthorized disclo- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 2019 for the conduct of the intelligence and sures of classified information. There is authorized to be appropriated for intelligence-related activities of the fol- the Central Intelligence Agency Retirement Sec. 720. Congressional notification of des- lowing elements of the United States Gov- ignation of covered intelligence and Disability Fund $514,000,000 for fiscal ernment: year 2019. officer as persona non grata. (1) The Office of the Director of National Sec. 721. Reports on intelligence community SEC. 202. COMPUTATION OF ANNUITIES FOR EM- Intelligence. PLOYEES OF THE CENTRAL INTEL- participation in vulnerabilities (2) The Central Intelligence Agency. LIGENCE AGENCY. equities process of Federal Gov- (3) The Department of Defense. (a) COMPUTATION OF ANNUITIES.— ernment. (4) The Defense Intelligence Agency. (1) IN GENERAL.—Section 221 of the Central Sec. 722. Inspectors General reports on clas- (5) The National Security Agency. Intelligence Agency Retirement Act (50 sification. (6) The Department of the Army, the De- U.S.C. 2031) is amended— Sec. 723. Reports on global water insecurity partment of the Navy, and the Department (A) in subsection (a)(3)(B), by striking the and national security implica- of the Air Force. period at the end and inserting ‘‘, as deter- tions and briefing on emerging (7) The Coast Guard. mined by using the annual rate of basic pay infectious disease and (8) The Department of State. that would be payable for full-time service in pandemics. (9) The Department of the Treasury. that position.’’;

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3732 CONGRESSIONAL RECORD — SENATE June 18, 2019 (B) in subsection (b)(1)(C)(i), by striking (2) by inserting after subsection (a) the fol- States Code, if the Director certifies to the ‘‘12-month’’ and inserting ‘‘2-year’’; lowing: Secretary of Defense, by name, individuals (C) in subsection (f)(2), by striking ‘‘one ‘‘(b) PART-TIME REEMPLOYED ANNU- that have advanced skills and competencies year’’ and inserting ‘‘two years’’; ITANTS.—The Director shall have the author- and that perform critical functions that exe- (D) in subsection (g)(2), by striking ‘‘one ity to reemploy an annuitant on a part-time cute the cyber mission of the Agency. year’’ each place such term appears and in- basis in accordance with section 8344(l) of ‘‘(2) PAY LIMITATION.—Employees receiving serting ‘‘two years’’; title 5, United States Code.’’. a special rate under paragraph (1) shall be (E) by redesignating subsections (h), (i), (j), (e) EFFECTIVE DATE AND APPLICATION.—The subject to an aggregate pay limitation that (k), and (l) as subsections (i), (j), (k), (l), and amendments made by subsection (a)(1)(A) parallels the limitation established in sec- (m), respectively; and and subsection (c) shall take effect as if en- tion 5307 of title 5, United States Code, ex- (F) by inserting after subsection (g) the acted on October 28, 2009, and shall apply to cept that— following: computations or participants, respectively, ‘‘(A) any allowance, differential, bonus, ‘‘(h) CONDITIONAL ELECTION OF INSURABLE as of such date. award, or other similar cash payment in ad- INTEREST SURVIVOR ANNUITY BY PARTICI- TITLE III—GENERAL INTELLIGENCE dition to basic pay that is authorized under PANTS MARRIED AT THE TIME OF RETIRE- COMMUNITY MATTERS title 10, United States Code, (or any other MENT.— SEC. 301. RESTRICTION ON CONDUCT OF INTEL- applicable law in addition to title 5 of such ‘‘(1) AUTHORITY TO MAKE DESIGNATION.— LIGENCE ACTIVITIES. Code, excluding the Fair Labor Standards Subject to the rights of former spouses under The authorization of appropriations by Act of 1938 (29 U.S.C. 201 et seq.)) shall also subsection (b) and section 222, at the time of this division shall not be deemed to con- be counted as part of aggregate compensa- retirement a married participant found by stitute authority for the conduct of any in- tion; and the Director to be in good health may elect telligence activity which is not otherwise ‘‘(B) aggregate compensation may not ex- to receive an annuity reduced in accordance authorized by the Constitution or the laws of ceed the rate established for the Vice Presi- with subsection (f)(1)(B) and designate in the United States. dent of the United States under section 104 writing an individual having an insurable in- SEC. 302. INCREASE IN EMPLOYEE COMPENSA- of title 3, United States Code. terest in the participant to receive an annu- TION AND BENEFITS AUTHORIZED ‘‘(3) LIMITATION ON NUMBER OF RECIPI- ity under the system after the participant’s BY LAW. ENTS.—The number of individuals who re- death, except that any such election to pro- Appropriations authorized by this division ceive basic pay established under paragraph vide an insurable interest survivor annuity for salary, pay, retirement, and other bene- (1)(B) may not exceed 100 at any time. to the participant’s spouse shall only be ef- fits for Federal employees may be increased ‘‘(4) LIMITATION ON USE AS COMPARATIVE fective if the participant’s spouse waives the by such additional or supplemental amounts REFERENCE.—Notwithstanding any other pro- spousal right to a survivor annuity under as may be necessary for increases in such vision of law, special rates of pay and the this Act. The amount of the annuity shall be compensation or benefits authorized by law. limitation established under paragraph (1)(B) equal to 55 percent of the participant’s re- SEC. 303. MODIFICATION OF SPECIAL PAY AU- may not be used as comparative references duced annuity. THORITY FOR SCIENCE, TECH- for the purpose of fixing the rates of basic ‘‘(2) REDUCTION IN PARTICIPANT’S ANNUITY.— NOLOGY, ENGINEERING, OR MATHE- pay or maximum pay limitations of qualified The annuity payable to the participant mak- MATICS POSITIONS AND ADDITION positions under section 1599f of title 10, OF SPECIAL PAY AUTHORITY FOR ing such election shall be reduced by 10 per- United States Code, or section 226 of the cent of an annuity computed under sub- CYBER POSITIONS. Section 113B of the National Security Act Homeland Security Act of 2002 (6 U.S.C. section (a) and by an additional 5 percent for 147).’’; each full 5 years the designated individual is of 1947 (50 U.S.C. 3049a) is amended— (1) by amending subsection (a) to read as (4) in subsection (c), as redesignated by younger than the participant. The total re- paragraph (2), by striking ‘‘A minimum’’ and duction under this subparagraph may not ex- follows: ‘‘(a) SPECIAL RATES OF PAY FOR POSITIONS inserting ‘‘Except as provided in subsection ceed 40 percent. REQUIRING EXPERTISE IN SCIENCE, TECH- (b), a minimum’’; ‘‘(3) COMMENCEMENT OF SURVIVOR ANNU- NOLOGY, ENGINEERING, OR MATHEMATICS.— (5) in subsection (d), as redesignated by ITY.—The annuity payable to the designated ‘‘(1) IN GENERAL.—Notwithstanding part III paragraph (2), by inserting ‘‘or (b)’’ after ‘‘by individual shall begin on the day after the of title 5, United States Code, the head of subsection (a)’’; and retired participant dies and terminate on the each element of the intelligence community (6) in subsection (g), as redesignated by last day of the month before the designated may, for 1 or more categories of positions in paragraph (2)— individual dies. such element that require expertise in (A) in paragraph (1), by striking ‘‘Not later ‘‘(4) RECOMPUTATION OF PARTICIPANT’SAN- science, technology, engineering, or mathe- than 90 days after the date of the enactment NUITY ON DEATH OF DESIGNATED INDIVIDUAL.— matics— of the Intelligence Authorization Act for Fis- An annuity that is reduced under this sub- ‘‘(A) establish higher minimum rates of cal Year 2017’’ and inserting ‘‘Not later than section shall, effective the first day of the pay; and 90 days after the date of the enactment of month following the death of the designated ‘‘(B) make corresponding increases in all the Damon Paul Nelson and Matthew Young individual, be recomputed and paid as if the rates of pay of the pay range for each grade Pollard Intelligence Authorization Act for annuity had not been so reduced.’’. or level, subject to subsection (b) or (c), as Fiscal Years 2018 and 2019’’; and (2) CONFORMING AMENDMENTS.— applicable. (B) in paragraph (2)(A), by inserting ‘‘or (A) CENTRAL INTELLIGENCE AGENCY RETIRE- ‘‘(2) TREATMENT.—The special rate supple- (b)’’ after ‘‘subsection (a)’’. MENT ACT.—The Central Intelligence Agency ments resulting from the establishment of Retirement Act (50 U.S.C. 2001 et seq.) is SEC. 304. MODIFICATION OF APPOINTMENT OF higher rates under paragraph (1) shall be amended— CHIEF INFORMATION OFFICER OF basic pay for the same or similar purposes as THE INTELLIGENCE COMMUNITY. (i) in section 232(b)(1) (50 U.S.C. 2052(b)(1)), those specified in section 5305(j) of title 5, by striking ‘‘221(h),’’ and inserting ‘‘221(i),’’; Section 103G(a) of the National Security United States Code.’’; and Act of 1947 (50 U.S.C. 3032(a)) is amended by (2) by redesignating subsections (b) (ii) in section 252(h)(4) (50 U.S.C. 2082(h)(4)), striking ‘‘President’’ and inserting ‘‘Direc- through (f) as subsections (c) through (g), re- by striking ‘‘221(k)’’ and inserting ‘‘221(l)’’. tor’’. spectively; (B) CENTRAL INTELLIGENCE AGENCY ACT OF (3) by inserting after subsection (a) the fol- SEC. 305. DIRECTOR OF NATIONAL INTEL- 1949.—Subsection (a) of section 14 of the Cen- lowing: LIGENCE REVIEW OF PLACEMENT tral Intelligence Agency Act of 1949 (50 ‘‘(b) SPECIAL RATES OF PAY FOR CYBER PO- OF POSITIONS WITHIN THE INTEL- U.S.C. 3514(a)) is amended by striking SITIONS.— LIGENCE COMMUNITY ON THE EXEC- ‘‘221(h)(2), 221(i), 221(l),’’ and inserting UTIVE SCHEDULE. ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘221(i)(2), 221(j), 221(m),’’. section (c), the Director of the National Se- (a) REVIEW.—The Director of National In- (b) ANNUITIES FOR FORMER SPOUSES.—Sub- curity Agency may establish a special rate of telligence, in coordination with the Director paragraph (B) of section 222(b)(5) of the Cen- tral Intelligence Agency Retirement Act (50 pay— of the Office of Personnel Management, shall U.S.C. 2032(b)(5)(B)) is amended by striking ‘‘(A) not to exceed the rate of basic pay conduct a review of positions within the in- ‘‘one year’’ and inserting ‘‘two years’’. payable for level II of the Executive Sched- telligence community regarding the place- (c) PRIOR SERVICE CREDIT.—Subparagraph ule under section 5313 of title 5, United ment of such positions on the Executive (A) of section 252(b)(3) of the Central Intel- States Code, if the Director certifies to the Schedule under subchapter II of chapter 53 of ligence Agency Retirement Act (50 U.S.C. Under Secretary of Defense for Intelligence, title 5, United States Code. In carrying out 2082(b)(3)(A)) is amended by striking ‘‘Octo- in consultation with the Under Secretary of such review, the Director of National Intel- ber 1, 1990’’ both places that term appears Defense for Personnel and Readiness, that ligence, in coordination with the Director of and inserting ‘‘March 31, 1991’’. the rate of pay is for positions that perform the Office of Personnel Management, shall (d) REEMPLOYMENT COMPENSATION.—Sec- functions that execute the cyber mission of determine— tion 273 of the Central Intelligence Agency the Agency; or (1) the standards under which such review Retirement Act (50 U.S.C. 2113) is amended— ‘‘(B) not to exceed the rate of basic pay will be conducted; (1) by redesignating subsections (b) and (c) payable for the Vice President of the United (2) which positions should or should not be as subsections (c) and (d), respectively; and States under section 104 of title 3, United on the Executive Schedule; and

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3733

(3) for those positions that should be on the siveness of telecommunications and cyberse- (c) REPORTS.—Such section, as amended by Executive Schedule, the level of the Execu- curity infrastructure, equipment, and serv- subsection (b), is further amended— tive Schedule at which such positions should ices provided by adversaries of the United (1) by redesignating subsection (f), as be placed. States, particularly China and Russia, or en- amended by subsection (a), as subsection (g); (b) REPORT.—Not later than 60 days after tities of such adversaries in the country or and the date on which the review under sub- region of the foreign government or other (2) by inserting after subsection (e) the fol- section (a) is completed, the Director of Na- foreign entity entering into the agreement. lowing: tional Intelligence shall submit to the con- SEC. 308. CYBER PROTECTION SUPPORT FOR THE ‘‘(f) ANNUAL REPORTS.— gressional intelligence committees, the Com- PERSONNEL OF THE INTELLIGENCE ‘‘(1) IN GENERAL.—Except as provided in mittee on Homeland Security and Govern- COMMUNITY IN POSITIONS HIGHLY paragraph (2), not later than 180 days after mental Affairs of the Senate, and the Com- VULNERABLE TO CYBER ATTACK. the date of the enactment of the Damon Paul (a) DEFINITIONS.—In this section: mittee on Oversight and Reform of the House Nelson and Matthew Young Pollard Intel- (1) PERSONAL ACCOUNTS.—The term ‘‘per- of Representatives an unredacted report de- ligence Authorization Act for Fiscal Years sonal accounts’’ means accounts for online scribing the standards by which the review 2018 and 2019 and not less frequently than and telecommunications services, including was conducted and the outcome of the re- once each calendar year thereafter, the Di- telephone, residential Internet access, email, view. rector of National Intelligence shall, in context and multimedia messaging, cloud com- sultation with each head of a covered agen- SEC. 306. SUPPLY CHAIN AND COUNTERINTEL- puting, social media, health care, and finan- LIGENCE RISK MANAGEMENT TASK cy, submit to the congressional intelligence FORCE. cial services, used by personnel of the intel- committees (as defined in section 3 of the ligence community outside of the scope of (a) APPROPRIATE CONGRESSIONAL COMMIT- National Security Act of 1947 (50 U.S.C. their employment with elements of the in- TEES DEFINED.—In this section, the term 3003)), a report that details the determina- ‘‘appropriate congressional committees’’ telligence community. tions and notifications made under sub- means the following: (2) PERSONAL TECHNOLOGY DEVICES.—The section (c) during the most recently com- (1) The congressional intelligence commit- term ‘‘personal technology devices’’ means pleted calendar year. tees. technology devices used by personnel of the ‘‘(2) INITIAL REPORT.—The first report sub- (2) The Committee on Armed Services and intelligence community outside of the scope mitted under paragraph (1) shall detail all the Committee on Homeland Security and of their employment with elements of the in- the determinations and notifications made Governmental Affairs of the Senate. telligence community, including networks to under subsection (c) before the date of the (3) The Committee on Armed Services, the which such devices connect. submittal of the report.’’. (b) AUTHORITY TO PROVIDE CYBER PROTEC- Committee on Homeland Security, and the SEC. 310. LIMITATIONS ON DETERMINATIONS RE- TION SUPPORT.— Committee on Oversight and Reform of the GARDING CERTAIN SECURITY CLAS- (1) IN GENERAL.—Subject to a determina- House of Representatives. SIFICATIONS. tion by the Director of National Intelligence, (a) PROHIBITION.—An officer of an element (b) REQUIREMENT TO ESTABLISH.—The Di- the Director may provide cyber protection of the intelligence community who has been rector of National Intelligence shall estab- support for the personal technology devices nominated by the President for a position lish a Supply Chain and Counterintelligence and personal accounts of the personnel de- that requires the advice and consent of the Risk Management Task Force to standardize scribed in paragraph (2). Senate may not make a classification deci- information sharing between the intelligence (2) AT-RISK PERSONNEL.—The personnel de- sion with respect to information related to community and the acquisition community scribed in this paragraph are personnel of such officer’s nomination. of the United States Government with re- the intelligence community— (b) CLASSIFICATION DETERMINATIONS.— spect to the supply chain and counterintel- (A) who the Director determines to be (1) IN GENERAL.—Except as provided in ligence risks. highly vulnerable to cyber attacks and hos- paragraph (2), in a case in which an officer (c) MEMBERS.—The Supply Chain and described in subsection (a) has been nomi- Counterintelligence Risk Management Task tile information collection activities because of the positions occupied by such personnel nated as described in such subsection and Force established under subsection (b) shall classification authority rests with the officer be composed of— in the intelligence community; and (B) whose personal technology devices or or another officer who reports directly to (1) a representative of the Defense Security such officer, a classification decision with Service of the Department of Defense; personal accounts are highly vulnerable to cyber attacks and hostile information collec- respect to information relating to the officer (2) a representative of the General Services shall be made by the Director of National In- Administration; tion activities. (c) NATURE OF CYBER PROTECTION SUP- telligence. (3) a representative of the Office of Federal PORT.—Subject to the availability of re- (2) NOMINATIONS OF DIRECTOR OF NATIONAL Procurement Policy of the Office of Manage- sources, the cyber protection support pro- INTELLIGENCE.—In a case described in para- ment and Budget; vided to personnel under subsection (b) may graph (1) in which the officer nominated is (4) a representative of the Department of include training, advice, assistance, and the Director of National Intelligence, the Homeland Security; other services relating to cyber attacks and classification decision shall be made by the (5) a representative of the Federal Bureau hostile information collection activities. Principal Deputy Director of National Intel- of Investigation; (d) LIMITATION ON SUPPORT.—Nothing in ligence. (6) the Director of the National Counter- this section shall be construed— (c) REPORTS.—Whenever the Director or intelligence and Security Center; and (1) to encourage personnel of the intel- the Principal Deputy Director makes a deci- (7) any other members the Director of Na- ligence community to use personal tech- sion under subsection (b), the Director or the tional Intelligence determines appropriate. nology devices for official business; or Principal Deputy Director, as the case may (d) SECURITY CLEARANCES.—Each member (2) to authorize cyber protection support be, shall submit to the congressional intel- of the Supply Chain and Counterintelligence for senior intelligence community personnel ligence committees a report detailing the Risk Management Task Force established using personal devices, networks, and per- reasons for the decision. under subsection (b) shall have a security sonal accounts in an official capacity. SEC. 311. JOINT INTELLIGENCE COMMUNITY clearance at the top secret level and be able (e) REPORT.—Not later than 180 days after COUNCIL. to access sensitive compartmented informa- the date of the enactment of this Act, the (a) MEETINGS.—Section 101A(d) of the Na- tion. Director shall submit to the congressional tional Security Act of 1947 (50 U.S.C. 3022(d)) (e) ANNUAL REPORT.—The Supply Chain intelligence committees a report on the pro- is amended— and Counterintelligence Risk Management vision of cyber protection support under sub- (1) by striking ‘‘regular’’; and Task Force established under subsection (b) section (b). The report shall include— (2) by inserting ‘‘as the Director considers shall submit to the appropriate congres- (1) a description of the methodology used appropriate’’ after ‘‘Council’’. sional committees an annual report that de- to make the determination under subsection (b) REPORT ON FUNCTION AND UTILITY OF scribes the activities of the Task Force dur- (b)(2); and THE JOINT INTELLIGENCE COMMUNITY COUN- ing the previous year, including identifica- (2) guidance for the use of cyber protection CIL.— tion of the supply chain and counterintel- support and tracking of support requests for (1) IN GENERAL.—No later than 180 days after the date of the enactment of this Act, ligence risks shared with the acquisition personnel receiving cyber protection support the Director of National Intelligence, in co- community of the United States Government under subsection (b). ordination with the Executive Office of the by the intelligence community. SEC. 309. MODIFICATION OF AUTHORITY RELAT- President and members of the Joint Intel- SEC. 307. CONSIDERATION OF ADVERSARIAL ING TO MANAGEMENT OF SUPPLY- TELECOMMUNICATIONS AND CYBER- CHAIN RISK. ligence Community Council, shall submit to SECURITY INFRASTRUCTURE WHEN (a) MODIFICATION OF EFFECTIVE DATE.— the congressional intelligence committees a SHARING INTELLIGENCE WITH FOR- Subsection (f) of section 309 of the Intel- report on the function and utility of the EIGN GOVERNMENTS AND ENTITIES. ligence Authorization Act for Fiscal Year Joint Intelligence Community Council. Whenever the head of an element of the in- 2012 (Public Law 112–87; 50 U.S.C. 3329 note) is (2) CONTENTS.—The report required by telligence community enters into an intel- amended by striking ‘‘the date that is 180 paragraph (1) shall include the following: ligence sharing agreement with a foreign days after’’. (A) The number of physical or virtual government or any other foreign entity, the (b) REPEAL OF SUNSET.—Such section is meetings held by the Council per year since head of the element shall consider the perva- amended by striking subsection (g). the Council’s inception.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3734 CONGRESSIONAL RECORD — SENATE June 18, 2019 (B) A description of the effect and accom- (2) overseeing the performance of each core gressional intelligence committees quarterly plishments of the Council. service, including establishing measurable updates regarding ongoing implementation (C) An explanation of the unique role of service requirements and schedules; of the intelligence community information the Council relative to other entities, includ- (3) to the degree feasible, ensuring testing technology environment as compared to the ing with respect to the National Security of each core service of such environment, in- requirements in the most recently submitted Council and the Executive Committee of the cluding testing by the intended users, to security plan required by subsection (d), intelligence community. evaluate performance against measurable long-term roadmap required by subsection (D) Recommendations for the future role service requirements and to ensure the capa- (e), and business plan required by subsection and operation of the Council. bility meets user requirements; and (f). (E) Such other matters relating to the (4) coordinate transition or restructuring (h) ADDITIONAL NOTIFICATIONS.—The Direc- function and utility of the Council as the Di- efforts of such environment, including phase- tor of National Intelligence shall provide rector considers appropriate. out of legacy systems. timely notification to the congressional in- (3) FORM.—The report submitted under (d) SECURITY PLAN.—Not later than 180 telligence committees regarding any policy paragraph (1) shall be submitted in unclassi- days after the date of the enactment of this changes related to or affecting the intel- fied form, but may include a classified Act, the Director of National Intelligence ligence community information technology annex. shall develop and maintain a security plan environment, new initiatives or strategies for the intelligence community information related to or impacting such environment, SEC. 312. INTELLIGENCE COMMUNITY INFORMA- technology environment. and changes or deficiencies in the execution TION TECHNOLOGY ENVIRONMENT. (e) LONG-TERM ROADMAP.—Not later than of the security plan required by subsection (a) DEFINITIONS.—In this section: 180 days after the date of the enactment of (d), long-term roadmap required by sub- (1) CORE SERVICE.—The term ‘‘core service’’ this Act, and during each of the second and section (e), and business plan required by means a capability that is available to mul- fourth fiscal quarters thereafter, the Direc- subsection (f) tiple elements of the intelligence community tor of National Intelligence shall submit to (i) SUNSET.—The section shall have no ef- and required for consistent operation of the the congressional intelligence committees a fect on or after September 30, 2024. intelligence community information tech- long-term roadmap that shall include each of SEC. 313. REPORT ON DEVELOPMENT OF SECURE nology environment. the following: MOBILE VOICE SOLUTION FOR IN- (2) INTELLIGENCE COMMUNITY INFORMATION (1) A description of the minimum required TELLIGENCE COMMUNITY. TECHNOLOGY ENVIRONMENT.—The term ‘‘intel- and desired core service requirements, in- (a) IN GENERAL.—Not later than 180 days ligence community information technology cluding— after the date of the enactment of this Act, environment’’ means all of the information (A) key performance parameters; and the Director of National Intelligence, in co- technology services across the intelligence (B) an assessment of current, measured ordination with the Director of the Central community, including the data sharing and performance. Intelligence Agency and the Director of the protection environment across multiple clas- (2) implementation milestones for the in- National Security Agency, shall submit to sification domains. telligence community information tech- the congressional intelligence committees a nology environment, including each of the classified report on the feasibility, desir- (b) ROLES AND RESPONSIBILITIES.— following: ability, cost, and required schedule associ- (1) DIRECTOR OF NATIONAL INTELLIGENCE.— The Director of National Intelligence shall (A) A schedule for expected deliveries of ated with the implementation of a secure be responsible for coordinating the perform- core service capabilities during each of the mobile voice solution for the intelligence ance by elements of the intelligence commu- following phases: community. (b) CONTENTS.—The report required by sub- nity of the intelligence community informa- (i) Concept refinement and technology ma- section (a) shall include, at a minimum, the tion technology environment, including each turity demonstration. following: of the following: (ii) Development, integration, and dem- (1) The benefits and disadvantages of a se- (A) Ensuring compliance with all applica- onstration. cure mobile voice solution. ble environment rules and regulations of (iii) Production, deployment, and (2) Whether the intelligence community such environment. sustainment. could leverage commercially available tech- (B) Ensuring measurable performance (iv) System retirement. nology for classified voice communications goals exist for such environment. (B) Dependencies of such core service capa- that operates on commercial mobile net- (C) Documenting standards and practices bilities. works in a secure manner and identifying of such environment. (C) Plans for the transition or restruc- the accompanying security risks to such net- (D) Acting as an arbiter among elements of turing necessary to incorporate core service works. the intelligence community related to any capabilities. (3) A description of any policies or commu- disagreements arising out of the implemen- (D) A description of any legacy systems nity guidance that would be necessary to tation of such environment. and discontinued capabilities to be phased govern the potential solution, such as a proc- (E) Delegating responsibilities to the ele- out. ess for determining the appropriate use of a ments of the intelligence community and (3) Such other matters as the Director de- secure mobile telephone and any limitations carrying out such other responsibilities as termines appropriate. (f) BUSINESS PLAN.—Not later than 180 days associated with such use. are necessary for the effective implementa- after the date of the enactment of this Act, tion of such environment. SEC. 314. POLICY ON MINIMUM INSIDER THREAT and during each of the second and fourth fis- STANDARDS. (2) CORE SERVICE PROVIDERS.—Providers of cal quarters thereafter, the Director of Na- (a) POLICY REQUIRED.—Not later than 60 core services shall be responsible for— tional Intelligence shall submit to the con- days after the date of the enactment of this (A) providing core services, in coordination gressional intelligence committees a busi- Act, the Director of National Intelligence with the Director of National Intelligence; ness plan that includes each of the following: shall establish a policy for minimum insider and (1) A systematic approach to identify core threat standards that is consistent with the (B) providing the Director with informa- service funding requests for the intelligence National Insider Threat Policy and Min- tion requested and required to fulfill the re- community information technology environ- imum Standards for Executive Branch In- sponsibilities of the Director under para- ment within the proposed budget, including sider Threat Programs. graph (1). multiyear plans to implement the long-term (b) IMPLEMENTATION.—Not later than 180 (3) USE OF CORE SERVICES.— roadmap required by subsection (e). days after the date of the enactment of this (A) IN GENERAL.—Except as provided in (2) A uniform approach by which each ele- Act, the head of each element of the intel- subparagraph (B), each element of the intel- ment of the intelligence community shall ligence community shall implement the pol- ligence community shall use core services identify the cost of legacy information tech- icy established under subsection (a). when such services are available. nology or alternative capabilities where SEC. 315. SUBMISSION OF INTELLIGENCE COM- (B) EXCEPTION.—The Director of National services of the intelligence community infor- MUNITY POLICIES. Intelligence may provide for a written excep- mation technology environment will also be (a) DEFINITIONS.—In this section: tion to the requirement under subparagraph available. (1) ELECTRONIC REPOSITORY.—The term (A) if the Director determines there is a com- (3) A uniform effort by which each element ‘‘electronic repository’’ means the electronic pelling financial or mission need for such ex- of the intelligence community shall identify distribution mechanism, in use as of the date ception. transition and restructuring costs for new, of the enactment of this Act, or any suc- (c) MANAGEMENT ACCOUNTABILITY.—Not existing, and retiring services of the intel- cessor electronic distribution mechanism, by later than 90 days after the date of the enact- ligence community information technology which the Director of National Intelligence ment of this Act, the Director of National environment, as well as services of such en- submits to the congressional intelligence Intelligence shall designate and maintain vironment that have changed designations as committees information. one or more accountable executives of the a core service. (2) POLICY.—The term ‘‘policy’’, with re- intelligence community information tech- (g) QUARTERLY PRESENTATIONS.—Beginning spect to the intelligence community, in- nology environment to be responsible for— not later than 180 days after the date of the cludes unclassified or classified— (1) management, financial control, and in- enactment of this Act, the Director of Na- (A) directives, policy guidance, and policy tegration of such environment; tional Intelligence shall provide to the con- memoranda of the intelligence community;

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3735 (B) executive correspondence of the Direc- designated as the program manager shall be tional Intelligence Program’ have the mean- tor of National Intelligence; and appointed by the Director of National Intel- ings given such terms in section 3 of the Na- (C) any equivalent successor policy instru- ligence.’’. tional Security Act of 1947 (50 U.S.C. 3003). ments. SEC. 403. TECHNICAL MODIFICATION TO THE EX- ‘‘(b) IN GENERAL.—There is in the Depart- (b) SUBMISSION OF POLICIES.— ECUTIVE SCHEDULE. ment an Office of Intelligence and Counter- (1) CURRENT POLICY.—Not later than 180 Section 5315 of title 5, United States Code, intelligence. Such office shall be under the days after the date of the enactment of this is amended by adding at the end the fol- National Intelligence Program. Act, the Director of National Intelligence lowing: ‘‘(c) DIRECTOR.—(1) The head of the Office shall submit to the congressional intel- ‘‘Director of the National Counterintel- shall be the Director of the Office of Intel- ligence committees using the electronic re- ligence and Security Center.’’. ligence and Counterintelligence, who shall pository all nonpublicly available policies SEC. 404. CHIEF FINANCIAL OFFICER OF THE IN- be an employee in the Senior Executive issued by the Director of National Intel- TELLIGENCE COMMUNITY. Service, the Senior Intelligence Service, the ligence for the intelligence community that Section 103I(a) of the National Security Senior National Intelligence Service, or any are in effect as of the date of the submission. Act of 1947 (50 U.S.C. 3034(a)) is amended by other Service that the Secretary, in coordi- (2) CONTINUOUS UPDATES.—Not later than 15 adding at the end the following new sen- nation with the Director of National Intel- days after the date on which the Director of tence: ‘‘The Chief Financial Officer shall re- ligence, considers appropriate. The Director National Intelligence issues, modifies, or report directly to the Director of National In- of the Office shall report directly to the Sec- scinds a policy of the intelligence commu- telligence.’’. retary. nity, the Director shall— SEC. 405. CHIEF INFORMATION OFFICER OF THE ‘‘(2) The Secretary shall select an indi- (A) notify the congressional intelligence INTELLIGENCE COMMUNITY. vidual to serve as the Director from among committees of such addition, modification, Section 103G(a) of the National Security individuals who have substantial expertise in or removal; and Act of 1947 (50 U.S.C. 3032(a)) is amended by matters relating to the intelligence commu- (B) update the electronic repository with adding at the end the following new sen- nity, including foreign intelligence and respect to such addition, modification, or re- tence: ‘‘The Chief Information Officer shall counterintelligence. moval. report directly to the Director of National ‘‘(d) DUTIES.—(1) Subject to the authority, SEC. 316. EXPANSION OF INTELLIGENCE COMMU- Intelligence.’’. direction, and control of the Secretary, the NITY RECRUITMENT EFFORTS. Director shall perform such duties and exer- Subtitle B—Central Intelligence Agency In order to further increase the diversity of cise such powers as the Secretary may pre- the intelligence community workforce, not SEC. 411. CENTRAL INTELLIGENCE AGENCY SUB- scribe. later than 90 days after the date of the enact- SISTENCE FOR PERSONNEL AS- ‘‘(2) The Director shall be responsible for ment of this Act, the Director of National SIGNED TO AUSTERE LOCATIONS. establishing policy for intelligence and coun- Intelligence, in consultation with heads of Subsection (a) of section 5 of the Central terintelligence programs and activities at elements of the Intelligence Community, Intelligence Agency Act of 1949 (50 U.S.C. the Department.’’. shall create, implement, and submit to the 3506) is amended— (b) CONFORMING REPEAL.—Section 216 of congressional intelligence committees a (1) in paragraph (1), by striking ‘‘(50 U.S.C. the Department of Energy Organization Act written plan to ensure that rural and under- 403–4a).,’’ and inserting ‘‘(50 U.S.C. 403–4a),’’; (42 U.S.C. 7144c) is hereby repealed. represented regions are more fully and con- (2) in paragraph (6), by striking ‘‘and’’ at (c) CLERICAL AMENDMENT.—The table of sistently represented in such elements’ em- the end; contents at the beginning of the Department ployment recruitment efforts. Upon receipt (3) in paragraph (7), by striking the period of Energy Organization Act is amended by of the plan, the congressional committees at the end and inserting ‘‘; and’’; and striking the items relating to sections 215 shall have 60 days to submit comments to (4) by adding at the end the following new and 216 and inserting the following new item: paragraph (8): the Director of National Intelligence before ‘‘215. Office of Intelligence and Counterintel- ‘‘(8) Upon the approval of the Director, pro- such plan shall be implemented. ligence.’’. vide, during any fiscal year, with or without TITLE IV—MATTERS RELATING TO ELE- reimbursement, subsistence to any personnel SEC. 422. REPEAL OF DEPARTMENT OF ENERGY MENTS OF THE INTELLIGENCE COMMU- assigned to an overseas location designated INTELLIGENCE EXECUTIVE COM- NITY MITTEE AND BUDGET REPORTING by the Agency as an austere location.’’. REQUIREMENT. Subtitle A—Office of the Director of National SEC. 412. EXPANSION OF SECURITY PROTECTIVE Section 214 of the Department of Energy Intelligence SERVICE JURISDICTION OF THE Organization Act (42 U.S.C. 7144a) is amend- SEC. 401. AUTHORITY FOR PROTECTION OF CUR- CENTRAL INTELLIGENCE AGENCY. ed— RENT AND FORMER EMPLOYEES OF Subsection (a) of section 15 of the Central (1) by striking ‘‘(a) DUTY OF SECRETARY.— THE OFFICE OF THE DIRECTOR OF Intelligence Act of 1949 (50 U.S.C. 3515(a)) is NATIONAL INTELLIGENCE. ’’; and amended— (2) by striking subsections (b) and (c). Section 5(a)(4) of the Central Intelligence (1) in the subsection heading, by striking Agency Act of 1949 (50 U.S.C. 3506(a)(4)) is ‘‘POLICEMEN’’ and inserting ‘‘POLICE OFFI- Subtitle D—Other Elements amended by striking ‘‘such personnel of the CERS’’; and SEC. 431. PLAN FOR DESIGNATION OF COUNTER- Office of the Director of National Intel- (2) in paragraph (1)— INTELLIGENCE COMPONENT OF DE- ligence as the Director of National Intel- (A) in subparagraph (B), by striking ‘‘500 FENSE SECURITY SERVICE AS AN ligence may designate;’’ and inserting ‘‘cur- feet;’’ and inserting ‘‘500 yards;’’; and ELEMENT OF INTELLIGENCE COM- MUNITY. rent and former personnel of the Office of the (B) in subparagraph (D), by striking ‘‘500 Not later than 90 days after the date of the Director of National Intelligence and their feet.’’ and inserting ‘‘500 yards.’’. immediate families as the Director of Na- enactment of this Act, the Director of Na- SEC. 413. REPEAL OF FOREIGN LANGUAGE PRO- tional Intelligence may designate;’’. tional Intelligence and Under Secretary of FICIENCY REQUIREMENT FOR CER- Defense for Intelligence, in coordination SEC. 402. DESIGNATION OF THE PROGRAM MAN- TAIN SENIOR LEVEL POSITIONS IN AGER-INFORMATION SHARING ENVI- THE CENTRAL INTELLIGENCE AGEN- with the Director of the National Counter- RONMENT. CY. intelligence and Security Center, shall sub- (a) INFORMATION SHARING ENVIRONMENT.— (a) REPEAL OF FOREIGN LANGUAGE PRO- mit to the congressional intelligence com- Section 1016(b) of the Intelligence Reform FICIENCY REQUIREMENT.—Section 104A of the mittees, the Committee on Armed Services and Terrorism Prevention Act of 2004 (6 National Security Act of 1947 (50 U.S.C. 3036) of the Senate, and the Committee on Armed U.S.C. 485(b)) is amended— is amended by striking subsection (g). Services of the House of Representatives a (1) in paragraph (1), by striking ‘‘Presi- (b) CONFORMING REPEAL OF REPORT RE- plan to designate the counterintelligence dent’’ and inserting ‘‘Director of National In- QUIREMENT.—Section 611 of the Intelligence component of the Defense Security Service telligence’’; and Authorization Act for Fiscal Year 2005 (Pub- of the Department of Defense as an element (2) in paragraph (2), by striking ‘‘Presi- lic Law 108–487) is amended by striking sub- of the intelligence community by not later dent’’ both places that term appears and in- section (c). than January 1, 2019. Such plan shall— (1) address the implications of such des- serting ‘‘Director of National Intelligence’’. Subtitle C—Office of Intelligence and ignation on the authorities, governance, per- (b) PROGRAM MANAGER.—Section 1016(f)(1) Counterintelligence of Department of Energy of the Intelligence Reform and Terrorism sonnel, resources, information technology, Prevention Act of 2004 (6 U.S.C. 485(f)(1)) is SEC. 421. CONSOLIDATION OF DEPARTMENT OF collection, analytic products, information amended by striking ‘‘The individual des- ENERGY OFFICES OF INTELLIGENCE sharing, and business processes of the De- AND COUNTERINTELLIGENCE. ignated as the program manager shall serve fense Security Service and the intelligence (a) IN GENERAL.—Section 215 of the Depart- as program manager until removed from community; and ment of Energy Organization Act (42 U.S.C. service or replaced by the President (at the (2) not address the personnel security func- 7144b) is amended to read as follows: President’s sole discretion).’’ and inserting tions of the Defense Security Service. ‘‘Beginning on the date of the enactment of ‘‘OFFICE OF INTELLIGENCE AND SEC. 432. NOTICE NOT REQUIRED FOR PRIVATE the Damon Paul Nelson and Matthew Young COUNTERINTELLIGENCE ENTITIES. Pollard Intelligence Authorization Act for ‘‘SEC. 215. (a) DEFINITIONS.—In this section, Section 3553 of title 44, United States Code, Fiscal Years 2018 and 2019, each individual the terms ‘intelligence community’ and ‘Na- is amended—

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3736 CONGRESSIONAL RECORD — SENATE June 18, 2019 (1) by redesignating subsection (j) as sub- role, or function is assumed, transferred, or significant findings of the Board during the section (k); and eliminated. preceding year. (2) by inserting after subsection (i) the fol- (E) A description of how determinations ‘‘(6) NONAPPLICABILITY OF CERTAIN REQUIRE- lowing: are made regarding the funding of programs MENTS.—The Federal Advisory Committee ‘‘(j) RULE OF CONSTRUCTION.—Nothing in and activities under the National Intel- Act (5 U.S.C. App.) shall not apply to the this section shall be construed to require the ligence Program and the Military Intel- Board. Secretary to provide notice to any private ligence Program, including— ‘‘(7) TERMINATION.—The Board shall termi- entity before the Secretary issues a binding (i) which programs or activities are funded nate on the date that is 3 years after the operational directive under subsection under each such Program; date of the first meeting of the Board.’’. (b)(2).’’. (ii) which programs or activities should be (b) INITIAL APPOINTMENTS.—Not later than SEC. 433. FRAMEWORK FOR ROLES, MISSIONS, jointly funded under both such Programs and 180 days after the date of the enactment of AND FUNCTIONS OF DEFENSE IN- how determinations are made with respect to this Act, the Director of the National Recon- TELLIGENCE AGENCY. funding allocations for such programs and naissance Office shall appoint the initial 5 (a) IN GENERAL.—The Director of National activities; and members to the advisory board under sub- Intelligence and the Secretary of Defense (iii) the thresholds and process for chang- section (d) of section 106A of the National shall jointly establish a framework to ensure ing a program or activity from being funded Security Act of 1947 (50 U.S.C. 3041a), as the appropriate balance of resources for the under one such Program to being funded added by subsection (a). roles, missions, and functions of the Defense under the other such Program. Intelligence Agency in its capacity as an ele- SEC. 435. COLLOCATION OF CERTAIN DEPART- ment of the intelligence community and as a SEC. 434. ESTABLISHMENT OF ADVISORY BOARD MENT OF HOMELAND SECURITY PERSONNEL AT FIELD LOCATIONS. combat support agency. The framework shall FOR NATIONAL RECONNAISSANCE OFFICE. (a) IDENTIFICATION OF OPPORTUNITIES FOR include supporting processes to provide for COLLOCATION.—Not later than 60 days after the consistent and regular reevaluation of (a) ESTABLISHMENT.—Section 106A of the the responsibilities and resources of the De- National Security Act of 1947 (50 U.S.C. the date of the enactment of this Act, the fense Intelligence Agency to prevent imbal- 3041a) is amended by adding at the end the Under Secretary of Homeland Security for anced priorities, insufficient or misaligned following new subsection: Intelligence and Analysis shall identify, in resources, and the unauthorized expansion of ‘‘(d) ADVISORY BOARD.— consultation with the Commissioner of U.S. mission parameters. ‘‘(1) ESTABLISHMENT.—There is established Customs and Border Protection, the Admin- (b) MATTERS FOR INCLUSION.—The frame- in the National Reconnaissance Office an ad- istrator of the Transportation Security Ad- work required under subsection (a) shall in- visory board (in this section referred to as ministration, the Director of U.S. Immigra- clude each of the following: the ‘Board’). tion and Customs Enforcement, and the (1) A lexicon providing for consistent defi- ‘‘(2) DUTIES.—The Board shall— heads of such other elements of the Depart- nitions of relevant terms used by both the ‘‘(A) study matters relating to the mission ment of Homeland Security as the Under intelligence community and the Department of the National Reconnaissance Office, in- Secretary considers appropriate, opportuni- of Defense, including each of the following: cluding with respect to promoting innova- ties for collocation of officers of the Office of (A) Defense intelligence enterprise. tion, competition, and resilience in space, Intelligence and Analysis in the field outside (B) Enterprise manager. overhead reconnaissance, acquisition, and of the greater Washington, District of Co- (C) Executive agent. other matters; and lumbia, area in order to support operational (D) Function. ‘‘(B) advise and report directly to the Di- units from U.S. Customs and Border Protec- (E) Functional manager. rector with respect to such matters. tion, the Transportation Security Adminis- (F) Mission. ‘‘(3) MEMBERS.— tration, U.S. Immigration and Customs En- (G) Mission manager. ‘‘(A) NUMBER AND APPOINTMENT.— forcement, and other elements of the Depart- (H) Responsibility. ‘‘(i) IN GENERAL.—The Board shall be comment of Homeland Security. (I) Role. posed of 5 members appointed by the Direc- (b) PLAN FOR COLLOCATION.—Not later than (J) Service of common concern. tor from among individuals with dem- 120 days after the date of the enactment of (2) An assessment of the necessity of main- onstrated academic, government, business, this Act, the Under Secretary shall submit taining separate designations for the intel- or other expertise relevant to the mission to the congressional intelligence committees ligence community and the Department of and functions of the National Reconnais- a report that includes a plan for collocation Defense for intelligence functional or enter- sance Office. as described in subsection (a). prise management constructs. ‘‘(ii) NOTIFICATION.—Not later than 30 days TITLE V—ELECTION MATTERS (3) A repeatable process for evaluating the after the date on which the Director ap- SEC. 501. REPORT ON CYBER ATTACKS BY FOR- addition, transfer, or elimination of defense points a member to the Board, the Director EIGN GOVERNMENTS AGAINST intelligence missions, roles, and functions, shall notify the congressional intelligence UNITED STATES ELECTION INFRA- currently performed or to be performed in committees and the congressional defense STRUCTURE. the future by the Defense Intelligence Agen- committees (as defined in section 101(a) of (a) DEFINITIONS.—In this section: cy, which includes each of the following: title 10, United States Code) of such appoint- (1) APPROPRIATE CONGRESSIONAL COMMIT- (A) A justification for the addition, trans- ment. TEES.—The term ‘‘appropriate congressional fer, or elimination of a mission, role, or func- ‘‘(B) TERMS.—Each member shall be ap- committees’’ means— tion. pointed for a term of 2 years. Except as pro- (A) the congressional intelligence commit- (B) The identification of which, if any, ele- vided by subparagraph (C), a member may tees; ment of the Federal Government performs not serve more than 3 terms. (B) the Committee on Homeland Security the considered mission, role, or function. ‘‘(C) VACANCY.—Any member appointed to and Governmental Affairs of the Senate; (C) In the case of any new mission, role, or fill a vacancy occurring before the expira- (C) the Committee on Homeland Security function— tion of the term for which the member’s of the House of Representatives; (i) an assessment of the most appropriate predecessor was appointed shall be appointed (D) the Committee on Foreign Relations of agency or element to perform such mission, only for the remainder of that term. A mem- the Senate; and role, or function, taking into account the re- ber may serve after the expiration of that (E) the Committee on Foreign Affairs of source profiles, scope of responsibilities, pri- member’s term until a successor has taken the House of Representatives. mary customers, and existing infrastructure office. (2) CONGRESSIONAL LEADERSHIP.—The term necessary to support such mission, role, or ‘‘(D) CHAIR.—The Board shall have a Chair, ‘‘congressional leadership’’ includes the fol- function; and who shall be appointed by the Director from lowing: (ii) a determination of the appropriate re- among the members. (A) The majority leader of the Senate. source profile and an identification of the ‘‘(E) TRAVEL EXPENSES.—Each member (B) The minority leader of the Senate. projected resources needed and the proposed shall receive travel expenses, including per (C) The Speaker of the House of Represent- source of such resources over the future- diem in lieu of subsistence, in accordance atives. years defense program, to be provided in with applicable provisions under subchapter (D) The minority leader of the House of writing to any elements of the intelligence I of chapter 57 of title 5, United States Code. Representatives. community or the Department of Defense af- ‘‘(F) EXECUTIVE SECRETARY.—The Director (3) STATE.—The term ‘‘State’’ means any fected by the assumption, transfer, or elimi- may appoint an executive secretary, who State of the United States, the District of nation of any mission, role, or function. shall be an employee of the National Recon- Columbia, the Commonwealth of Puerto (D) In the case of any mission, role, or naissance Office, to support the Board. Rico, and any territory or possession of the function proposed to be assumed, trans- ‘‘(4) MEETINGS.—The Board shall meet not United States. ferred, or eliminated, an assessment, which less than quarterly, but may meet more fre- (b) REPORT REQUIRED.—Not later than 60 shall be completed jointly by the heads of quently at the call of the Director. days after the date of the enactment of this each element affected by such assumption, ‘‘(5) REPORTS.—Not later than March 31 of Act, the Under Secretary of Homeland Secu- transfer, or elimination, of the risks that each year, the Board shall submit to the Di- rity for Intelligence and Analysis shall sub- would be assumed by the intelligence com- rector and to the congressional intelligence mit to congressional leadership and the ap- munity and the Department if such mission, committees a report on the activities and propriate congressional committees a report

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3737 on cyber attacks and attempted cyber at- security Information Sharing Act of 2015 (6 securing wireless and Internet connections, tacks by foreign governments on United U.S.C. 1501). and other technical safeguards. States election infrastructure in States and (b) IN GENERAL.—The Director of National (4) Detection of cyber threats, including localities in connection with the 2016 Presi- Intelligence, in coordination with the Direc- attacks and attempted attacks by Russian dential election in the United States and tor of the Central Intelligence Agency, the government or nongovernment cyber threat such cyber attacks or attempted cyber at- Director of the National Security Agency, actors. tacks as the Under Secretary anticipates the Director of the Federal Bureau of Inves- (5) Improvements in the identification and against such infrastructure. Such report tigation, the Secretary of Homeland Secu- attribution of Russian government or non- shall identify the States and localities af- rity, and the heads of other relevant ele- government cyber threat actors. fected and shall include cyber attacks and ments of the intelligence community, shall— (6) Deterrence, including actions and meas- attempted cyber attacks against voter reg- (1) commence not later than 1 year before ures that could or should be undertaken istration databases, voting machines, voting- any regularly scheduled Federal election oc- against or communicated to the Government related computer networks, and the net- curring after December 31, 2018, and com- of Russia or other entities to deter attacks works of Secretaries of State and other elec- plete not later than 180 days before such against, or interference with, United States tion officials of the various States. election, an assessment of security election systems and processes. (c) FORM.—The report submitted under vulnerabilities of State election systems; (7) Improvements in Federal Government subsection (b) shall be submitted in unclassi- and communications with State and local elec- fied form, but may include a classified (2) not later than 180 days before any regu- tion officials. annex. larly scheduled Federal election occurring (8) Public education and communication after December 31, 2018, submit a report on SEC. 502. REVIEW OF INTELLIGENCE COMMU- efforts. NITY’S POSTURE TO COLLECT such security vulnerabilities and an assess- (9) Benchmarks and milestones to enable AGAINST AND ANALYZE RUSSIAN EF- ment of foreign intelligence threats to the the measurement of concrete steps taken FORTS TO INFLUENCE THE PRESI- election to— and progress made in the implementation of DENTIAL ELECTION. (A) congressional leadership; and the strategy. (a) REVIEW REQUIRED.—Not later than 1 (B) the appropriate congressional commit- (d) CONGRESSIONAL BRIEFING.—Not later year after the date of the enactment of this tees. than 90 days after the date of the enactment Act, the Director of National Intelligence (c) UPDATE.—Not later than 90 days before of this Act, the Director of National Intel- shall— any regularly scheduled Federal election oc- ligence and the Secretary of Homeland Secu- (1) complete an after action review of the curring after December 31, 2018, the Director rity shall jointly brief the appropriate con- posture of the intelligence community to of National Intelligence shall— gressional committees on the strategy devel- collect against and analyze efforts of the (1) update the assessment of foreign intel- oped under subsection (b). Government of Russia to interfere in the 2016 ligence threats to that election; and SEC. 505. ASSESSMENT OF SIGNIFICANT RUSSIAN Presidential election in the United States; (2) submit the updated assessment to— INFLUENCE CAMPAIGNS DIRECTED and (A) congressional leadership; and AT FOREIGN ELECTIONS AND (2) submit to the congressional intelligence (B) the appropriate congressional commit- REFERENDA. committees a report on the findings of the tees. (a) RUSSIAN INFLUENCE CAMPAIGN DE- Director with respect to such review. SEC. 504. STRATEGY FOR COUNTERING RUSSIAN FINED.—In this section, the term ‘‘Russian (b) ELEMENTS.—The review required by CYBER THREATS TO UNITED STATES influence campaign’’ means any effort, cov- subsection (a) shall include, with respect to ELECTIONS. ert or overt, and by any means, attributable the posture and efforts described in para- (a) APPROPRIATE CONGRESSIONAL COMMIT- to the Russian Federation directed at an TEES DEFINED.—In this section, the term graph (1) of such subsection, the following: election, referendum, or similar process in a ‘‘appropriate congressional committees’’ (1) An assessment of whether the resources country other than the Russian Federation means the following: or the United States. of the intelligence community were properly (1) The congressional intelligence commit- (b) ASSESSMENT REQUIRED.—Not later than aligned to detect and respond to the efforts tees. 60 days after the date of the enactment of described in subsection (a)(1). (2) The Committee on Armed Services and this Act, the Director of National Intel- (2) An assessment of the information shar- the Committee on Homeland Security and ligence shall submit to the congressional in- ing that occurred within elements of the in- Governmental Affairs of the Senate. telligence committees a report containing an telligence community. (3) The Committee on Armed Services and analytical assessment of the most signifi- (3) An assessment of the information shar- the Committee on Homeland Security of the cant Russian influence campaigns, if any, ing that occurred between elements of the House of Representatives. conducted during the 3-year period preceding intelligence community. (4) The Committee on Foreign Relations of the date of the enactment of this Act, as well (4) An assessment of applicable authorities the Senate. as the most significant current or planned necessary to collect on any such efforts and (5) The Committee on Foreign Affairs of such Russian influence campaigns, if any. any deficiencies in those authorities. the House of Representatives. Such assessment shall include— (5) A review of the use of open source mate- (b) REQUIREMENT FOR A STRATEGY.—Not (1) a summary of such significant Russian rial to inform analysis and warning of such later than 90 days after the date of the enact- influence campaigns, including, at a min- efforts. ment of this Act, the Director of National imum, the specific means by which such (6) A review of the use of alternative and Intelligence, in coordination with the Sec- campaigns were conducted, are being con- predictive analysis. retary of Homeland Security, the Director of ducted, or likely will be conducted, as appro- (c) FORM OF REPORT.—The report required the Federal Bureau of Investigation, the Di- priate, and the specific goal of each such by subsection (a)(2) shall be submitted to the rector of the Central Intelligence Agency, campaign; congressional intelligence committees in a the Secretary of State, the Secretary of De- (2) a summary of any defenses against or classified form. fense, and the Secretary of the Treasury, responses to such Russian influence cam- SEC. 503. ASSESSMENT OF FOREIGN INTEL- shall develop a whole-of-government strat- paigns by the foreign state holding the elec- LIGENCE THREATS TO FEDERAL egy for countering the threat of Russian tions or referenda; ELECTIONS. cyber attacks and attempted cyber attacks (3) a summary of any relevant activities by (a) DEFINITIONS.—In this section: against electoral systems and processes in elements of the intelligence community un- (1) APPROPRIATE CONGRESSIONAL COMMIT- the United States, including Federal, State, dertaken for the purpose of assisting the TEES.—The term ‘‘appropriate congressional and local election systems, voter registra- government of such foreign state in defend- committees’’ means— tion databases, voting tabulation equipment, ing against or responding to such Russian in- (A) the congressional intelligence commit- and equipment and processes for the secure fluence campaigns; and tees; transmission of election results. (4) an assessment of the effectiveness of (B) the Committee on Homeland Security (c) ELEMENTS OF THE STRATEGY.—The such defenses and responses described in and Governmental Affairs of the Senate; and strategy required by subsection (b) shall in- paragraphs (2) and (3). (C) the Committee on Homeland Security clude the following elements: (c) FORM.—The report required by sub- of the House of Representatives. (1) A whole-of-government approach to pro- section (b) may be submitted in classified (2) CONGRESSIONAL LEADERSHIP.—The term tecting United States electoral systems and form, but if so submitted, shall contain an ‘‘congressional leadership’’ includes the fol- processes that includes the agencies and de- unclassified summary. lowing: partments indicated in subsection (b) as well SEC. 506. FOREIGN COUNTERINTELLIGENCE AND (A) The majority leader of the Senate. as any other agencies and departments of the CYBERSECURITY THREATS TO FED- (B) The minority leader of the Senate. United States, as determined appropriate by ERAL ELECTION CAMPAIGNS. (C) The Speaker of the House of Represent- the Director of National Intelligence and the (a) REPORTS REQUIRED.— atives. Secretary of Homeland Security. (1) IN GENERAL.—As provided in paragraph (D) The minority leader of the House of (2) Input solicited from Secretaries of (2), for each Federal election, the Director of Representatives. State of the various States and the chief National Intelligence, in coordination with (3) SECURITY VULNERABILITY.—The term election officials of the States. the Under Secretary of Homeland Security ‘‘security vulnerability’’ has the meaning (3) Technical security measures, including for Intelligence and Analysis and the Direc- given such term in section 102 of the Cyber- auditable paper trails for voting machines, tor of the Federal Bureau of Investigation,

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3738 CONGRESSIONAL RECORD — SENATE June 18, 2019 shall make publicly available on an Internet Act of 2002 (6 U.S.C. 113(a)(1)(H))) with shar- Intelligence, the Director of the Federal Bu- website an advisory report on foreign coun- ing any appropriate classified information reau of Investigation, and the Secretary of terintelligence and cybersecurity threats to related to threats to election systems and to Homeland Security shall jointly carry out election campaigns for Federal offices. Each the integrity of the election process with subsection (c) if such Directors and the Sec- such report shall include, consistent with chief election officials and such designees retary jointly determine— the protection of sources and methods, each who have received a security clearance under (1) that on or after the date of the enact- of the following: subsection (b). ment of this Act, a significant foreign cyber (A) A description of foreign counterintel- (2) COORDINATION.—The Under Secretary of intrusion or active measures campaign in- ligence and cybersecurity threats to election Homeland Security for Intelligence and tended to influence an upcoming election for campaigns for Federal offices. Analysis shall coordinate with the Director any Federal office has occurred or is occur- (B) A summary of best practices that elec- of National Intelligence and the Under Sec- ring; and tion campaigns for Federal offices can em- retary responsible for overseeing critical in- (2) with moderate or high confidence, that ploy in seeking to counter such threats. frastructure protection, cybersecurity, and such intrusion or campaign can be attributed (C) An identification of any publicly avail- other related programs of the Department to a foreign state or to a foreign nonstate able resources, including United States Gov- (as specified in section 103(a)(1)(H) of the person, group, or other entity. ernment resources, for countering such Homeland Security Act of 2002 (6 U.S.C. (c) BRIEFING.— threats. 113(a)(1)(H))) to facilitate the sharing of in- (1) IN GENERAL.—Not later than 14 days (2) SCHEDULE FOR SUBMITTAL.—A report formation to the affected Secretaries of after making a determination under sub- under this subsection shall be made avail- State or States. section (b), the Director of National Intel- able as follows: SEC. 508. NOTIFICATION OF SIGNIFICANT FOR- ligence, the Director of the Federal Bureau (A) In the case of a report regarding an EIGN CYBER INTRUSIONS AND AC- of Investigation, and the Secretary of Home- election held for the office of Senator or TIVE MEASURES CAMPAIGNS DI- land Security shall jointly provide a briefing Member of the House of Representatives dur- RECTED AT ELECTIONS FOR FED- to the congressional leadership, the congres- ERAL OFFICES. ing 2018, not later than the date that is 60 sional intelligence committees and, con- (a) DEFINITIONS.—In this section: days after the date of the enactment of this sistent with the protection of sources and (1) ACTIVE MEASURES CAMPAIGN.—The term Act. methods, the other appropriate congres- ‘‘active measures campaign’’ means a foreign sional committees. The briefing shall be (B) In the case of a report regarding an semi-covert or covert intelligence operation. election for a Federal office during any sub- classified and address, at a minimum, the (2) CANDIDATE, ELECTION, AND POLITICAL sequent year, not later than the date that is following: PARTY.—The terms ‘‘candidate’’, ‘‘election’’, 1 year before the date of the election. (A) A description of the significant foreign and ‘‘political party’’ have the meanings cyber intrusion or active measures cam- (3) INFORMATION TO BE INCLUDED.—A report given those terms in section 301 of the Fed- under this subsection shall reflect the most paign, as the case may be, covered by the de- eral Election Campaign Act of 1971 (52 U.S.C. termination. current information available to the Direc- 30101). tor of National Intelligence regarding for- (B) An identification of the foreign state or (3) CONGRESSIONAL LEADERSHIP.—The term eign counterintelligence and cybersecurity foreign nonstate person, group, or other enti- ‘‘congressional leadership’’ includes the fol- ty, to which such intrusion or campaign has threats. lowing: (b) TREATMENT OF CAMPAIGNS SUBJECT TO been attributed. (A) The majority leader of the Senate. HEIGHTENED THREATS.—If the Director of the (C) The desirability and feasibility of the (B) The minority leader of the Senate. Federal Bureau of Investigation and the public release of information about the cyber Under Secretary of Homeland Security for (C) The Speaker of the House of Represent- intrusion or active measures campaign. Intelligence and Analysis jointly determine atives. (D) Any other information such Directors that an election campaign for Federal office (D) The minority leader of the House of and the Secretary jointly determine appro- is subject to a heightened foreign counter- Representatives. priate. (4) CYBER INTRUSION.—The term ‘‘cyber in- intelligence or cybersecurity threat, the Di- (2) ELECTRONIC ELECTION INFRASTRUCTURE trusion’’ means an electronic occurrence rector and the Under Secretary, consistent BRIEFINGS.—With respect to a significant for- with the protection of sources and methods, that actually or imminently jeopardizes, eign cyber intrusion covered by a determina- may make available additional information without lawful authority, electronic election tion under subsection (b), the Secretary of to the appropriate representatives of such infrastructure, or the integrity, confiden- Homeland Security, in consultation with the campaign. tiality, or availability of information within Director of National Intelligence and the Di- SEC. 507. INFORMATION SHARING WITH STATE such infrastructure. rector of the Federal Bureau of Investiga- ELECTION OFFICIALS. (5) ELECTRONIC ELECTION INFRASTRUC- tion, shall offer to the owner or operator of (a) STATE DEFINED.—In this section, the TURE.—The term ‘‘electronic election infra- any electronic election infrastructure di- term ‘‘State’’ means any State of the United structure’’ means an electronic information rectly affected by such intrusion, a briefing States, the District of Columbia, the Com- system of any of the following that is related on such intrusion, including steps that may monwealth of Puerto Rico, and any territory to an election for Federal office: be taken to mitigate such intrusion. Such or possession of the United States. (A) The Federal Government. briefing may be classified and made avail- (b) SECURITY CLEARANCES.— (B) A State or local government. able only to individuals with appropriate se- (1) IN GENERAL.—Not later than 30 days (C) A political party. curity clearances. after the date of the enactment of this Act, (D) The election campaign of a candidate. (3) PROTECTION OF SOURCES AND METHODS.— the Director of National Intelligence shall (6) FEDERAL OFFICE.—The term ‘‘Federal This subsection shall be carried out in a support the Under Secretary of Homeland office’’ has the meaning given that term in manner that is consistent with the protec- Security for Intelligence and Analysis, and section 301 of the Federal Election Campaign tion of sources and methods. any other official of the Department of Act of 1971 (52 U.S.C. 30101). SEC. 509. DESIGNATION OF COUNTERINTEL- Homeland Security designated by the Sec- (7) HIGH CONFIDENCE.—The term ‘‘high con- LIGENCE OFFICER TO LEAD ELEC- retary of Homeland Security, in sponsoring a fidence’’, with respect to a determination, TION SECURITY MATTERS. security clearance up to the top secret level means that the determination is based on (a) IN GENERAL.—The Director of National for each eligible chief election official of a high-quality information from multiple Intelligence shall designate a national coun- State or the District of Columbia, and addi- sources. terintelligence officer within the National tional eligible designees of such election offi- (8) MODERATE CONFIDENCE.—The term Counterintelligence and Security Center to cial as appropriate, at the time that such ‘‘moderate confidence’’, with respect to a de- lead, manage, and coordinate counterintel- election official assumes such position. termination, means that a determination is ligence matters relating to election security. (2) INTERIM CLEARANCES.—Consistent with credibly sourced and plausible but not of suf- (b) ADDITIONAL RESPONSIBILITIES.—The per- applicable policies and directives, the Direc- ficient quality or corroborated sufficiently son designated under subsection (a) shall tor of National Intelligence may issue in- to warrant a higher level of confidence. also lead, manage, and coordinate counter- terim clearances, for a period to be deter- (9) OTHER APPROPRIATE CONGRESSIONAL intelligence matters relating to risks posed mined by the Director, to a chief election of- COMMITTEES.—The term ‘‘other appropriate by interference from foreign powers (as de- ficial as described in paragraph (1) and up to congressional committees’’ means— fined in section 101 of the Foreign Intel- 1 designee of such official under such para- (A) the Committee on Armed Services, the ligence Surveillance Act of 1978 (50 U.S.C. graph. Committee on Homeland Security and Gov- 1801)) to the following: (c) INFORMATION SHARING.— ernmental Affairs, and the Committee on (1) The Federal Government election secu- (1) IN GENERAL.—The Director of National Appropriations of the Senate; and rity supply chain. Intelligence shall assist the Under Secretary (B) the Committee on Armed Services, the (2) Election voting systems and software. of Homeland Security for Intelligence and Committee on Homeland Security, and the (3) Voter registration databases. Analysis and the Under Secretary respon- Committee on Appropriations of the House (4) Critical infrastructure related to elec- sible for overseeing critical infrastructure of Representatives. tions. protection, cybersecurity, and other related (b) DETERMINATIONS OF SIGNIFICANT FOR- (5) Such other Government goods and serv- programs of the Department (as specified in EIGN CYBER INTRUSIONS AND ACTIVE MEAS- ices as the Director of National Intelligence section 103(a)(1)(H) of the Homeland Security URES CAMPAIGNS.—The Director of National considers appropriate.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3739

TITLE VI—SECURITY CLEARANCES (b) ACCOUNTABILITY PLANS AND REPORTS.— tional Intelligence appropriately supports SEC. 601. DEFINITIONS. (1) PLANS.—Not later than 90 days after the the adjudicative guidelines under Security In this title: date of the enactment of this Act, the Coun- Executive Agent Directive 4 (known as the (1) APPROPRIATE CONGRESSIONAL COMMIT- cil shall submit to the appropriate congres- ‘‘National Security Adjudicative Guide- TEES.—The term ‘‘appropriate congressional sional committees and make available to ap- lines’’). Such review shall include identifica- committees’’ means— propriate industry partners the following: tion of whether any such information cur- (A) the congressional intelligence commit- (A) A plan, with milestones, to reduce the rently collected is unnecessary to support tees; background investigation inventory to the adjudicative guidelines. (B) the Committee on Armed Services of 200,000, or an otherwise sustainable steady- (2) An assessment of whether such Ques- the Senate; level, by the end of year 2020. Such plan shall tionnaire, Standards, and guidelines should (C) the Committee on Appropriations of include notes of any required changes in in- be revised to account for the prospect of a the Senate; vestigative and adjudicative standards or re- holder of a security clearance becoming an sources. insider threat. (D) the Committee on Homeland Security (B) A plan to consolidate the conduct of (3) Recommendations to improve the back- and Governmental Affairs of the Senate; background investigations associated with ground investigation process by— (E) the Committee on Armed Services of the processing for security clearances in the (A) simplifying the Questionnaire for Na- the House of Representatives; most effective and efficient manner between tional Security Positions (Standard Form 86) (F) the Committee on Appropriations of the National Background Investigation Bu- and increasing customer support to appli- the House of Representatives; reau and the Defense Security Service, or a cants completing such Questionnaire; (G) the Committee on Homeland Security successor organization. Such plan shall ad- (B) using remote techniques and central- of the House of Representatives; and dress required funding, personnel, contracts, ized locations to support or replace field in- (H) the Committee on Oversight and Re- information technology, field office struc- vestigation work; form of the House of Representatives. ture, policy, governance, schedule, transition (C) using secure and reliable digitization of (2) APPROPRIATE INDUSTRY PARTNERS.—The costs, and effects on stakeholders. information obtained during the clearance term ‘‘appropriate industry partner’’ means (2) REPORT ON THE FUTURE OF PERSONNEL process; a contractor, licensee, or grantee (as defined SECURITY.— (D) building the capacity of the back- in section 101(a) of Executive Order 12829 (50 (A) IN GENERAL.—Not later than 180 days ground investigation labor sector; and U.S.C. 3161 note; relating to National Indus- after the date of the enactment of this Act, (E) replacing periodic reinvestigations trial Security Program)) that is partici- the Chairman of the Council, in coordination with continuous evaluation techniques in all pating in the National Industrial Security with the members of the Council, shall sub- appropriate circumstances. Program established by such Executive mit to the appropriate congressional com- (b) POLICY, STRATEGY, AND IMPLEMENTA- Order. mittees and make available to appropriate TION.—Not later than 180 days after the date (3) CONTINUOUS VETTING.—The term ‘‘con- industry partners a report on the future of of the enactment of this Act, the Security tinuous vetting’’ has the meaning given such personnel security to reflect changes in Executive Agent shall, in coordination with term in Executive Order 13467 (50 U.S.C. 3161 threats, the workforce, and technology. the members of the Council, establish the note; relating to reforming processes related (B) CONTENTS.—The report submitted following: to suitability for government employment, under subparagraph (A) shall include the fol- (1) A policy and implementation plan for fitness for contractor employees, and eligi- lowing: the issuance of interim security clearances. bility for access to classified national secu- (i) A risk framework for granting and re- (2) A policy and implementation plan to rity information). newing access to classified information. ensure contractors are treated consistently (4) COUNCIL.—The term ‘‘Council’’ means (ii) A discussion of the use of technologies in the security clearance process across the Security, Suitability, and Credentialing to prevent, detect, and monitor threats. agencies and departments of the United Performance Accountability Council estab- (iii) A discussion of efforts to address reci- States as compared to employees of such lished pursuant to such Executive Order, or procity and portability. agencies and departments. Such policy shall any successor entity. (iv) A discussion of the characteristics of address— (5) SECURITY EXECUTIVE AGENT.—The term effective insider threat programs. (A) prioritization of processing security ‘‘Security Executive Agent’’ means the offi- (v) An analysis of how to integrate data clearances based on the mission the contrac- cer serving as the Security Executive Agent from continuous evaluation, insider threat tors will be performing; pursuant to section 803 of the National Secu- programs, and human resources data. (B) standardization in the forms that agen- rity Act of 1947, as added by section 605. (vi) Recommendations on interagency gov- cies issue to initiate the process for a secu- (6) SUITABILITY AND CREDENTIALING EXECU- ernance. rity clearance; TIVE AGENT.—The term ‘‘Suitability and (3) PLAN FOR IMPLEMENTATION.—Not later (C) digitization of background investiga- Credentialing Executive Agent’’ means the than 180 days after the date of the enactment tion-related forms; Director of the Office of Personnel Manage- of this Act, the Chairman of the Council, in (D) use of the polygraph; ment acting as the Suitability and coordination with the members of the Coun- (E) the application of the adjudicative Credentialing Executive Agent in accordance cil, shall submit to the appropriate congres- guidelines under Security Executive Agent with Executive Order 13467 (50 U.S.C. 3161 sional committees and make available to ap- Directive 4 (known as the ‘‘National Secu- note; relating to reforming processes related propriate industry partners a plan to imple- rity Adjudicative Guidelines’’); to suitability for government employment, ment the report’s framework and rec- (F) reciprocal recognition of clearances fitness for contractor employees, and eligi- ommendations submitted under paragraph across agencies and departments of the bility for access to classified national secu- (2)(A). United States, regardless of status of peri- rity information), or any successor entity. (4) CONGRESSIONAL NOTIFICATIONS.—Not less odic reinvestigation; SEC. 602. REPORTS AND PLANS RELATING TO SE- frequently than quarterly, the Security Ex- (G) tracking of clearance files as individ- CURITY CLEARANCES AND BACK- ecutive Agent shall make available to the uals move from employment with an agency GROUND INVESTIGATIONS. public a report regarding the status of the or department of the United States to em- (a) SENSE OF CONGRESS.—It is the sense of disposition of requests received from depart- ployment in the private sector; Congress that— ments and agencies of the Federal Govern- (H) collection of timelines for movement of (1) ensuring the trustworthiness and secu- ment for a change to, or approval under, the contractors across agencies and depart- rity of the workforce, facilities, and informa- Federal investigative standards, the national ments; tion of the Federal Government is of the adjudicative guidelines, continuous evalua- (I) reporting on security incidents and job highest priority to national security and tion, or other national policy regarding per- performance, consistent with section 552a of public safety; sonnel security. title 5, United States Code (commonly (2) the President and Congress should SEC. 603. IMPROVING THE PROCESS FOR SECU- known as the ‘‘Privacy Act of 1974’’), that prioritize the modernization of the personnel RITY CLEARANCES. may affect the ability to hold a security security framework to improve its effi- (a) REVIEWS.—Not later than 180 days after clearance; ciency, effectiveness, and accountability; the date of the enactment of this Act, the (J) any recommended changes to the Fed- (3) the current system for security clear- Security Executive Agent, in coordination eral Acquisition Regulations (FAR) nec- ance, suitability and fitness for employment, with the members of the Council, shall sub- essary to ensure that information affecting and credentialing lacks efficiencies and ca- mit to the appropriate congressional com- contractor clearances or suitability is appro- pabilities to meet the current threat envi- mittees and make available to appropriate priately and expeditiously shared between ronment, recruit and retain a trusted work- industry partners a report that includes the and among agencies and contractors; and force, and capitalize on modern technologies; following: (K) portability of contractor security and (1) A review of whether the information re- clearances between or among contracts at (4) changes to policies or processes to im- quested on the Questionnaire for National the same agency and between or among con- prove this system should be vetted through Security Positions (Standard Form 86) and tracts at different agencies that require the the Council to ensure standardization, port- by the Federal Investigative Standards pre- same level of clearance. ability, and reciprocity in security clear- scribed by the Office of Personnel Manage- (3) A strategy and implementation plan ances across the Federal Government. ment and the Office of the Director of Na- that—

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3740 CONGRESSIONAL RECORD — SENATE June 18, 2019 (A) provides for periodic reinvestigations (1) by redesignating sections 803 and 804 as ‘‘(4) define and set standards for contin- as part of a security clearance determination sections 804 and 805, respectively; and uous evaluation for continued access to clas- only on an as-needed, risk-based basis; (2) by inserting after section 802 the fol- sified information and for eligibility to hold (B) includes actions to assess the extent to lowing: a sensitive position.’’. which automated records checks and other ‘‘SEC. 803. SECURITY EXECUTIVE AGENT. (b) REPORT ON RECOMMENDATIONS FOR RE- continuous evaluation methods may be used ‘‘(a) IN GENERAL.—The Director of National VISING AUTHORITIES.—Not later than 30 days to expedite or focus reinvestigations; and Intelligence, or such other officer of the after the date on which the Chairman of the (C) provides an exception for certain popu- United States as the President may des- Council submits to the appropriate congres- lations if the Security Executive Agent— ignate, shall serve as the Security Executive sional committees the report required by (i) determines such populations require re- Agent for all departments and agencies of section 602(b)(2)(A), the Chairman shall sub- investigations at regular intervals; and the United States. mit to the appropriate congressional com- (ii) provides written justification to the ‘‘(b) DUTIES.—The duties of the Security mittees such recommendations as the Chair- appropriate congressional committees for Executive Agent are as follows: man may have for revising the authorities of any such determination. ‘‘(1) To direct the oversight of investiga- the Security Executive Agent. (4) A policy and implementation plan for tions, reinvestigations, adjudications, and, (c) CONFORMING AMENDMENT.—Section agencies and departments of the United as applicable, polygraphs for eligibility for 103H(j)(4)(A) of such Act (50 U.S.C. States, as a part of the security clearance access to classified information or eligibility 3033(j)(4)(A)) is amended by striking ‘‘in sec- process, to accept automated records checks to hold a sensitive position made by any tion 804’’ and inserting ‘‘in section 805’’. generated pursuant to a security clearance Federal agency. (d) CLERICAL AMENDMENT.—The table of applicant’s employment with a prior em- ‘‘(2) To review the national security back- contents in the matter preceding section 2 of ployer. ground investigation and adjudication pro- such Act (50 U.S.C. 3002) is amended by strik- (5) A policy for the use of certain back- grams of Federal agencies to determine ing the items relating to sections 803 and 804 ground materials on individuals collected by whether such programs are being imple- and inserting the following: the private sector for background investiga- mented in accordance with this section. ‘‘Sec. 803. Security Executive Agent. tion purposes. ‘‘(3) To develop and issue uniform and con- ‘‘Sec. 804. Exceptions. (6) Uniform standards for agency continuous evaluation programs to ensure quality sistent policies and procedures to ensure the ‘‘Sec. 805. Definitions.’’. and reciprocity in accepting enrollment in a effective, efficient, timely, and secure com- SEC. 606. REPORT ON UNIFIED, SIMPLIFIED, GOV- continuous vetting program as a substitute pletion of investigations, polygraphs, and ad- ERNMENTWIDE STANDARDS FOR PO- for a periodic investigation for continued ac- judications relating to determinations of eli- SITIONS OF TRUST AND SECURITY CLEARANCES. cess to classified information. gibility for access to classified information or eligibility to hold a sensitive position. Not later than 90 days after the date of the SEC. 604. GOALS FOR PROMPTNESS OF DETER- enactment of this Act, the Security Execu- MINATIONS REGARDING SECURITY ‘‘(4) Unless otherwise designated by law, to CLEARANCES. serve as the final authority to designate a tive Agent and the Suitability and (a) RECIPROCITY DEFINED.—In this section, Federal agency or agencies to conduct inves- Credentialing Executive Agent, in coordina- the term ‘‘reciprocity’’ means reciprocal rec- tigations of persons who are proposed for action with the other members of the Council, ognition by Federal departments and agen- cess to classified information or for eligi- shall jointly submit to the appropriate con- cies of eligibility for access to classified in- bility to hold a sensitive position to ascer- gressional committees and make available to formation. tain whether such persons satisfy the cri- appropriate industry partners a report re- (b) IN GENERAL.—The Council shall reform teria for obtaining and retaining access to garding the advisability and the risks, bene- the security clearance process with the ob- classified information or eligibility to hold a fits, and costs to the Government and to in- jective that, by December 31, 2021, 90 percent sensitive position, as applicable. dustry of consolidating to not more than 3 of all determinations, other than determina- ‘‘(5) Unless otherwise designated by law, to tiers for positions of trust and security tions regarding populations identified under serve as the final authority to designate a clearances. section 603(b)(3)(C), regarding— Federal agency or agencies to determine eli- SEC. 607. REPORT ON CLEARANCE IN PERSON (1) security clearances— gibility for access to classified information CONCEPT. (A) at the secret level are issued in 30 days or eligibility to hold a sensitive position in (a) SENSE OF CONGRESS.—It is the sense of or fewer; and accordance with Executive Order 12968 (50 Congress that to reflect the greater mobility (B) at the top secret level are issued in 90 U.S.C. 3161 note; relating to access to classi- of the modern workforce, alternative meth- days or fewer; and fied information). odologies merit analysis to allow greater (2) reciprocity of security clearances at the ‘‘(6) To ensure reciprocal recognition of eli- flexibility for individuals moving in and out same level are recognized in 2 weeks or gibility for access to classified information of positions that require access to classified fewer. or eligibility to hold a sensitive position information, while still preserving security. (c) CERTAIN REINVESTIGATIONS.—The Coun- among Federal agencies, including acting as (b) REPORT REQUIRED.—Not later than 90 cil shall reform the security clearance proc- the final authority to arbitrate and resolve days after the date of the enactment of this ess with the goal that by December 31, 2021, disputes among such agencies involving the Act, the Security Executive Agent shall sub- reinvestigation on a set periodicity is not re- reciprocity of investigations and adjudica- mit to the appropriate congressional com- quired for more than 10 percent of the popu- tions of eligibility. mittees and make available to appropriate lation that holds a security clearance. ‘‘(7) To execute all other duties assigned to industry partners a report that describes the (d) EQUIVALENT METRICS.— the Security Executive Agent by law. requirements, feasibility, and advisability of (1) IN GENERAL.—If the Council develops a set of performance metrics that it certifies ‘‘(c) AUTHORITIES.—The Security Executive implementing a clearance in person concept to the appropriate congressional committees Agent shall— described in subsection (c). should achieve substantially equivalent out- ‘‘(1) issue guidelines and instructions to (c) CLEARANCE IN PERSON CONCEPT.—The comes as those outlined in subsections (b) the heads of Federal agencies to ensure ap- clearance in person concept— and (c), the Council may use those metrics propriate uniformity, centralization, effi- (1) permits an individual who once held a for purposes of compliance within this provi- ciency, effectiveness, timeliness, and secu- security clearance to maintain his or her eli- sion. rity in processes relating to determinations gibility for access to classified information, (2) NOTICE.—If the Council uses the author- by such agencies of eligibility for access to networks, and facilities for up to 3 years ity provided by paragraph (1) to use metrics classified information or eligibility to hold a after the individual’s eligibility for access to as described in such paragraph, the Council sensitive position, including such matters as classified information would otherwise lapse; shall, not later than 30 days after commu- investigations, polygraphs, adjudications, and nicating such metrics to departments and and reciprocity; (2) recognizes, unless otherwise directed by agencies, notify the appropriate congres- ‘‘(2) have the authority to grant exceptions the Security Executive Agent, an individ- sional committees that it is using such au- to, or waivers of, national security investiga- ual’s security clearance and background in- thority. tive requirements, including issuing imple- vestigation as current, regardless of employ- (e) PLAN.—Not later than 180 days after the menting or clarifying guidance, as necessary; ment status, contingent on enrollment in a date of the enactment of this Act, the Coun- ‘‘(3) have the authority to assign, in whole continuous vetting program. cil shall submit to the appropriate congres- or in part, to the head of any Federal agency (d) CONTENTS.—The report required under sional committees and make available to ap- (solely or jointly) any of the duties of the Se- subsection (b) shall address— propriate industry partners a plan to carry curity Executive Agent described in sub- (1) requirements for an individual to volun- out this section. Such plan shall include rec- section (b) or the authorities described in tarily remain in a continuous evaluation ommended interim milestones for the goals paragraphs (1) and (2), provided that the ex- program validated by the Security Executive set forth in subsections (b) and (c) for 2019, ercise of such assigned duties or authorities Agent even if the individual is not in a posi- 2020, and 2021. is subject to the oversight of the Security tion requiring access to classified informa- SEC. 605. SECURITY EXECUTIVE AGENT. Executive Agent, including such terms and tion; (a) IN GENERAL.—Title VIII of the National conditions (including approval by the Secu- (2) appropriate safeguards for privacy; Security Act of 1947 (50 U.S.C. 3161 et seq.) is rity Executive Agent) as the Security Execu- (3) advantages to government and indus- amended— tive Agent determines appropriate; and try;

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3741 (4) the costs and savings associated with Homeland Security and Governmental Af- information to make a decision on poten- implementation; fairs of the Senate, the Committee on Home- tially adverse information. (5) the risks of such implementation, inland Security of the House of Representa- ‘‘(3) The report required under this sub- cluding security and counterintelligence tives, and the Committee on Oversight and section shall be submitted in unclassified risks; Reform of the House of Representatives reform, but may include a classified annex.’’; (6) an appropriate funding model; and garding the security clearances processed by and (7) fairness to small companies and inde- each element of the intelligence community (4) in subsection (c), as redesignated, by pendent contractors. during the preceding fiscal year. striking ‘‘subsection (a)(1)’’ and inserting SEC. 608. BUDGET REQUEST DOCUMENTATION ‘‘(B) The Director shall submit to the Com- ‘‘subsections (a)(1) and (b)’’. ON FUNDING FOR BACKGROUND IN- mittee on Armed Services of the Senate and SEC. 611. PERIODIC REPORT ON POSITIONS IN VESTIGATIONS. the Committee on Armed Services of the THE INTELLIGENCE COMMUNITY (a) IN GENERAL.—As part of the fiscal year House of Representatives such portions of THAT CAN BE CONDUCTED WITHOUT 2020 budget request submitted to Congress the report submitted under subparagraph (A) ACCESS TO CLASSIFIED INFORMA- pursuant to section 1105(a) of title 31, United as the Director determines address elements TION, NETWORKS, OR FACILITIES. Not later than 180 days after the date of States Code, the President shall include ex- of the intelligence community that are with- the enactment of this Act and not less fre- hibits that identify the resources expended in the Department of Defense. quently than once every 5 years thereafter, by each agency during the prior fiscal year ‘‘(C) Each report submitted under this the Director of National Intelligence shall for processing background investigations and paragraph shall separately identify security submit to the congressional intelligence continuous evaluation programs, clearances processed for Federal employees and contractor employees sponsored by each committees a report that reviews the intel- disaggregated by tier and whether the indi- ligence community for which positions can vidual was a Government employee or con- such element. ‘‘(2) Each report submitted under para- be conducted without access to classified in- tractor. graph (1)(A) shall include, for each element formation, networks, or facilities, or may (b) CONTENTS.—Each exhibit submitted of the intelligence community for the fiscal only require a security clearance at the se- under subsection (a) shall include details year covered by the report, the following: cret level. on— ‘‘(A) The total number of initial security SEC. 612. INFORMATION SHARING PROGRAM FOR (1) the costs of background investigations clearance background investigations spon- POSITIONS OF TRUST AND SECURITY or reinvestigations; sored for new applicants. CLEARANCES. (2) the costs associated with background ‘‘(B) The total number of security clear- (a) PROGRAM REQUIRED.— investigations for Government or contract ance periodic reinvestigations sponsored for (1) IN GENERAL.—Not later than 90 days personnel; existing employees. after the date of the enactment of this Act, (3) costs associated with continuous eval- ‘‘(C) The total number of initial security the Security Executive Agent and the Suit- uation initiatives monitoring for each person clearance background investigations for new ability and Credentialing Executive Agent for whom a background investigation or re- applicants that were adjudicated with notice shall establish and implement a program to investigation was conducted, other than of a determination provided to the prospec- share between and among agencies of the costs associated with adjudication; tive applicant, including— Federal Government and industry partners (4) the average per person cost for each ‘‘(i) the total number of such adjudications of the Federal Government relevant back- type of background investigation; and that were adjudicated favorably and granted ground information regarding individuals ap- (5) a summary of transfers and access to classified information; and plying for and currently occupying national reprogrammings that were executed in the ‘‘(ii) the total number of such adjudica- security positions and positions of trust, in previous year to support the processing of se- tions that were adjudicated unfavorably and order to ensure the Federal Government curity clearances. resulted in a denial or revocation of a secu- maintains a trusted workforce. SEC. 609. REPORTS ON RECIPROCITY FOR SECU- rity clearance. (2) DESIGNATION.—The program established RITY CLEARANCES INSIDE OF DE- under paragraph (1) shall be known as the PARTMENTS AND AGENCIES. ‘‘(D) The total number of security clearance periodic background investigations ‘‘Trusted Information Provider Program’’ (in (a) RECIPROCALLY RECOGNIZED DEFINED.—In this section referred to as the ‘‘Program’’). this section, the term ‘‘reciprocally recog- that were adjudicated with notice of a determination provided to the existing employee, (b) PRIVACY SAFEGUARDS.—The Security nized’’ means reciprocal recognition by Fed- Executive Agent and the Suitability and including— eral departments and agencies of eligibility Credentialing Executive Agent shall ensure ‘‘(i) the total number of such adjudications for access to classified information. that the Program includes such safeguards that were adjudicated favorably; and (b) REPORTS TO SECURITY EXECUTIVE for privacy as the Security Executive Agent ‘‘(ii) the total number of such adjudica- AGENT.—The head of each Federal depart- and the Suitability and Credentialing Execu- tions that were adjudicated unfavorably and ment or agency shall submit an annual re- tive Agent consider appropriate. port to the Security Executive Agent that— resulted in a denial or revocation of a secu- (c) PROVISION OF INFORMATION TO THE FED- (1) identifies the number of individuals rity clearance. ERAL GOVERNMENT.—The Program shall in- whose security clearances take more than 2 ‘‘(E) The total number of pending security clude requirements that enable investigative weeks to be reciprocally recognized after clearance background investigations, includ- service providers and agencies of the Federal such individuals move to another part of ing initial applicant investigations and peri- Government to leverage certain pre-employ- such department or agency; and odic reinvestigations, that were not adju- ment information gathered during the em- (2) breaks out the information described in dicated as of the last day of such year and ployment or military recruiting process, and paragraph (1) by type of clearance and the that remained pending, categorized as fol- other relevant security or human resources reasons for any delays. lows: information obtained during employment (c) ANNUAL REPORT.—Not less frequently ‘‘(i) For 180 days or shorter. with or for the Federal Government, that than once each year, the Security Executive ‘‘(ii) For longer than 180 days, but shorter satisfy Federal investigative standards, Agent shall submit to the appropriate con- than 12 months. while safeguarding personnel privacy. gressional committees and make available to ‘‘(iii) For 12 months or longer, but shorter (d) INFORMATION AND RECORDS.—The infor- industry partners an annual report that sum- than 18 months. mation and records considered under the marizes the information received pursuant ‘‘(iv) For 18 months or longer, but shorter Program shall include the following: to subsection (b) during the period covered than 24 months. (1) Date and place of birth. by such report. ‘‘(v) For 24 months or longer. (2) Citizenship or immigration and natu- SEC. 610. INTELLIGENCE COMMUNITY REPORTS ‘‘(F) For any security clearance determina- ralization information. ON SECURITY CLEARANCES. tions completed or pending during the year (3) Education records. Section 506H of the National Security Act preceding the year for which the report is (4) Employment records. of 1947 (50 U.S.C. 3104) is amended— submitted that have taken longer than 12 (5) Employment or social references. (1) in subsection (a)(1)— months to complete— (6) Military service records. (A) in subparagraph (A)(ii), by adding ‘‘(i) an explanation of the causes for the (7) State and local law enforcement ‘‘and’’ at the end; delays incurred during the period covered by checks. (B) in subparagraph (B)(ii), by striking ‘‘; the report; and (8) Criminal history checks. and’’ and inserting a period; and ‘‘(ii) the number of such delays involving a (9) Financial records or information. (C) by striking subparagraph (C); polygraph requirement. (10) Foreign travel, relatives, or associa- (2) by redesignating subsection (b) as sub- ‘‘(G) The percentage of security clearance tions. section (c); investigations, including initial and periodic (11) Social media checks. (3) by inserting after subsection (a) the fol- reinvestigations, that resulted in a denial or (12) Such other information or records as lowing: revocation of a security clearance. may be relevant to obtaining or maintaining ‘‘(b) INTELLIGENCE COMMUNITY REPORTS.— ‘‘(H) The percentage of security clearance national security, suitability, fitness, or (1)(A) Not later than March 1 of each year, investigations that resulted in incomplete credentialing eligibility. the Director of National Intelligence shall information. (e) IMPLEMENTATION PLAN.— submit a report to the congressional intel- ‘‘(I) The percentage of security clearance (1) IN GENERAL.—Not later than 90 days ligence committees, the Committee on investigations that did not result in enough after the date of the enactment of this Act,

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3742 CONGRESSIONAL RECORD — SENATE June 18, 2019 the Security Executive Agent and the Suit- Services of the House of Representatives; (2) the methods and entities used to spend, ability and Credentialing Executive Agent and store, move, raise, conceal, or launder money shall jointly submit to the appropriate con- (3) the Committee on Foreign Relations of or value, on behalf of threat actors; gressional committees and make available to the Senate and the Committee on Foreign (3) sanctions evasion; and appropriate industry partners a plan for the Affairs of the House of Representatives. (4) other forms of threat finance activity implementation of the Program. (b) LIMITATION.— domestically or internationally, as defined (2) ELEMENTS.—The plan required by para- (1) IN GENERAL.—No amount may be ex- by the President. graph (1) shall include the following: pended by the Federal Government, other (b) REPORT REQUIRED.—Not later than 60 (A) Mechanisms that address privacy, nathan the Department of Defense, to enter days after the date of the enactment of this tional security, suitability or fitness, into or implement any bilateral agreement Act, the Director of National Intelligence, in credentialing, and human resources or mili- between the United States and the Russian coordination with the Assistant Secretary of tary recruitment processes. Federation regarding cybersecurity, includ- the Treasury for Intelligence and Analysis, (B) Such recommendations for legislative ing the establishment or support of any cy- shall submit to the congressional intel- or administrative action as the Security Ex- bersecurity unit, unless, at least 30 days ligence committees a report containing an ecutive Agent and the Suitability and prior to the conclusion of any such agree- assessment of Russian threat finance. The Credentialing Executive Agent consider ap- ment, the Director of National Intelligence assessment shall be based on intelligence propriate to carry out or improve the Pro- submits to the appropriate congressional from all sources, including from the Office of gram. committees a report on such agreement that Terrorism and Financial Intelligence of the (f) PLAN FOR PILOT PROGRAM ON TWO-WAY includes the elements required by subsection Department of the Treasury. INFORMATION SHARING.— (c). (c) ELEMENTS.—The report required by sub- (1) IN GENERAL.—Not later than 180 days (2) DEPARTMENT OF DEFENSE AGREEMENTS.— section (b) shall include each of the fol- after the date of the enactment of this Act, Any agreement between the Department of lowing: the Security Executive Agent and the Suit- Defense and the Russian Federation regard- (1) A summary of leading examples from ability and Credentialing Executive Agent ing cybersecurity shall be conducted in ac- the 3-year period preceding the date of the shall jointly submit to the appropriate con- cordance with section 1232 of the National submittal of the report of threat finance ac- gressional committees and make available to Defense Authorization Act for Fiscal Year tivities conducted by, for the benefit of, or at appropriate industry partners a plan for the 2017 (Public Law 114–328), as amended by sec- the behest of— implementation of a pilot program to assess tion 1231 of the National Defense Authoriza- (A) officials of the Government of Russia; the feasibility and advisability of expanding tion Act for Fiscal Year 2018 (Public Law (B) persons subject to sanctions under any the Program to include the sharing of infor- 115–91). provision of law imposing sanctions with re- mation held by the Federal Government re- (c) ELEMENTS.—If the Director submits a spect to Russia; lated to contract personnel with the security report under subsection (b) with respect to (C) Russian nationals subject to sanctions office of the employers of those contractor an agreement, such report shall include a de- under any other provision of law; or personnel. scription of each of the following: (D) Russian oligarchs or organized crimi- (2) ELEMENTS.—The plan required by para- (1) The purpose of the agreement. nals. graph (1) shall include the following: (2) The nature of any intelligence to be (2) An assessment with respect to any (A) Mechanisms that address privacy, na- shared pursuant to the agreement. trends or patterns in threat finance activi- tional security, suitability or fitness, (3) The expected value to national security ties relating to Russia, including common credentialing, and human resources or mili- resulting from the implementation of the methods of conducting such activities and tary recruitment processes. agreement. global nodes of money laundering used by (B) Such recommendations for legislative (4) Such counterintelligence concerns asso- Russian threat actors described in paragraph or administrative action as the Security Ex- ciated with the agreement as the Director (1) and associated entities. ecutive Agent and the Suitability and may have and such measures as the Director (3) An assessment of any connections be- Credentialing Executive Agent consider ap- expects to be taken to mitigate such con- tween Russian individuals involved in money propriate to carry out or improve the pilot cerns. laundering and the Government of Russia. program. (d) RULE OF CONSTRUCTION.—This section (4) A summary of engagement and coordi- (g) REVIEW.—Not later than 1 year after shall not be construed to affect any existing nation with international partners on threat the date of the enactment of this Act, the authority of the Director of National Intel- finance relating to Russia, especially in Eu- Security Executive Agent and the Suit- ligence, the Director of the Central Intel- rope, including examples of such engagement ligence Agency, or another head of an ele- ability and Credentialing Executive Agent and coordination. ment of the intelligence community, to shall jointly submit to the appropriate con- (5) An identification of any resource and share or receive foreign intelligence on a gressional committees and make available to collection gaps. case-by-case basis. appropriate industry partners a review of the (6) An identification of— plans submitted under subsections (e)(1) and SEC. 702. REPORT ON RETURNING RUSSIAN COM- (A) entry points of money laundering by POUNDS. (f)(1) and utility and effectiveness of the pro- Russian and associated entities into the (a) COVERED COMPOUNDS DEFINED.—In this grams described in such plans. United States; section, the term ‘‘covered compounds’’ SEC. 613. REPORT ON PROTECTIONS FOR CON- (B) any vulnerabilities within the United means the real property in New York, the FIDENTIALITY OF WHISTLEBLOWER- States legal and financial system, including real property in Maryland, and the real prop- RELATED COMMUNICATIONS. specific sectors, which have been or could be erty in San Francisco, California, that were Not later than 180 days after the date of exploited in connection with Russian threat under the control of the Government of Rus- the enactment of this Act, the Security Ex- finance activities; and sia in 2016 and were removed from such con- ecutive Agent shall, in coordination with the (C) the counterintelligence threat posed by trol in response to various transgressions by Inspector General of the Intelligence Com- Russian money laundering and other forms the Government of Russia, including the in- munity, submit to the appropriate congres- of threat finance, as well as the threat to the terference by the Government of Russia in sional committees a report detailing the United States financial system and United the 2016 election in the United States. controls employed by the intelligence com- States efforts to enforce sanctions and community to ensure that continuous vetting (b) REQUIREMENT FOR REPORT.—Not later than 180 days after the date of the enactment bat organized crime. programs, including those involving user ac- (7) Any other matters the Director deter- tivity monitoring, protect the confiden- of this Act, the Director of National Intel- ligence shall submit to the congressional in- mines appropriate. tiality of whistleblower-related communica- (d) FORM OF REPORT.—The report required tions. telligence committees, and the Committee on Foreign Relations of the Senate and the under subsection (b) may be submitted in TITLE VII—REPORTS AND OTHER Committee on Foreign Affairs of the House classified form. MATTERS of Representatives (only with respect to the SEC. 704. NOTIFICATION OF AN ACTIVE MEAS- Subtitle A—Matters Relating to Russia and unclassified report), a report on the intel- URES CAMPAIGN. Other Foreign Powers ligence risks of returning the covered com- (a) DEFINITIONS.—In this section: SEC. 701. LIMITATION RELATING TO ESTABLISH- pounds to Russian control. (1) APPROPRIATE CONGRESSIONAL COMMIT- MENT OR SUPPORT OF CYBERSECU- (c) FORM OF REPORT.—The report required TEES.—The term ‘‘appropriate congressional RITY UNIT WITH THE RUSSIAN FED- by this section shall be submitted in classi- committees’’ means— ERATION. fied and unclassified forms. (A) the congressional intelligence commit- (a) APPROPRIATE CONGRESSIONAL COMMIT- SEC. 703. ASSESSMENT OF THREAT FINANCE RE- tees; TEES DEFINED.—In this section, the term LATING TO RUSSIA. (B) the Committee on Armed Services of ‘‘appropriate congressional committees’’ (a) THREAT FINANCE DEFINED.—In this sec- the Senate and the Committee on Armed means— tion, the term ‘‘threat finance’’ means— Services of the House of Representatives; (1) the congressional intelligence commit- (1) the financing of cyber operations, glob- and tees; al influence campaigns, intelligence service (C) the Committee on Foreign Relations of (2) the Committee on Armed Services of activities, proliferation, terrorism, or the Senate and the Committee on Foreign the Senate and the Committee on Armed transnational crime and drug organizations; Affairs of the House of Representatives.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3743

(2) CONGRESSIONAL LEADERSHIP.—The term fense Intelligence Enterprise described in under section 38(a)(1) of the Arms Export ‘‘congressional leadership’’ includes the fol- subsection (b), including the type of informa- Control Act (22 U.S.C. 2778(a)(1)). lowing: tion conveyed in the outreach. (b) REPORT REQUIRED.—Not later than 180 (A) The majority leader of the Senate. (2) A determination of the appropriate ele- days after the date of the enactment of this (B) The minority leader of the Senate. ment of the intelligence community to lead Act, the Director of National Intelligence (C) The Speaker of the House of Represent- such outreach efforts. shall submit to the appropriate committees atives. (3) An assessment of potential methods for of Congress a report on Iranian support of (D) The minority leader of the House of improving the effectiveness of such out- proxy forces in Syria and Lebanon and the Representatives. reach, including an assessment of the fol- threat posed to Israel, other United States (b) REQUIREMENT FOR NOTIFICATION.—The lowing: regional allies, and other specified interests Director of National Intelligence, in coopera- (A) Those critical technologies, infrastruc- of the United States as a result of such sup- tion with the Director of the Federal Bureau ture, or related supply chains that are at port. of Investigation and the head of any other risk from the efforts of adversaries described (c) MATTERS FOR INCLUSION.—The report relevant agency, shall notify the congres- in subsection (b). required under subsection (b) shall include sional leadership and the Chairman and Vice (B) The necessity and advisability of grant- information relating to the following mat- Chairman or Ranking Member of each of the ing security clearances to company or com- ters with respect to both the strategic and appropriate congressional committees, and munity leadership, when necessary and ap- tactical implications for the United States of other relevant committees of jurisdiction, propriate, to allow for tailored classified and its allies: each time the Director of National Intel- briefings on specific targeted threats. (1) A description of arms or related mate- ligence determines there is credible informa- (C) The advisability of partnering with en- riel transferred by Iran to Hizballah since tion that a foreign power has, is, or will at- tities of the Federal Government that are March 2011, including the number of such tempt to employ a covert influence or active not elements of the intelligence community arms or related materiel and whether such measures campaign with regard to the mod- and relevant regulatory and industry groups transfer was by land, sea, or air, as well as fi- ernization, employment, doctrine, or force described in subsection (b), to convey key nancial and additional technological capa- posture of the nuclear deterrent or missile messages across sectors targeted by United bilities transferred by Iran to Hizballah. defense. States adversaries. (2) A description of Iranian and Iranian- (c) CONTENT OF NOTIFICATION.—Each notifi- (D) Strategies to assist affected elements controlled personnel, including Hizballah, cation required by subsection (b) shall in- of the communities described in subpara- Shiite militias, and Iran’s Revolutionary clude information concerning actions taken graph (C) in mitigating, deterring, and pro- Guard Corps forces, operating within Syria, by the United States to expose or halt an at- tecting against the broad range of threats including the number and geographic dis- tempt referred to in subsection (b). from the efforts of adversaries described in tribution of such personnel operating within SEC. 705. NOTIFICATION OF TRAVEL BY ACCRED- subsection (b), with focus on producing infor- 30 kilometers of the Israeli borders with ITED DIPLOMATIC AND CONSULAR Syria and Lebanon. PERSONNEL OF THE RUSSIAN FED- mation that enables private entities to justify business decisions related to national se- (3) An assessment of Hizballah’s oper- ERATION IN THE UNITED STATES. ational lessons learned based on its recent In carrying out the advance notification curity concerns. experiences in Syria. requirements set out in section 502 of the In- (E) The advisability of the establishment (4) A description of any rocket-producing telligence Authorization Act for Fiscal Year of a United States Government-wide task facilities in Lebanon for nonstate actors, in- 2017 (division N of Public Law 115–31; 131 force to coordinate outreach and activities cluding whether such facilities were assessed Stat. 825; 22 U.S.C. 254a note), the Secretary to combat the threats from efforts of adver- to be built at the direction of Hizballah lead- of State shall— saries described in subsection (b). ership, Iranian leadership, or in consultation (1) ensure that the Russian Federation pro- (F) Such other matters as the Director of between Iranian leadership and Hizballah vides notification to the Secretary of State National Intelligence may consider nec- leadership. at least 2 business days in advance of all essary. (5) An analysis of the foreign and domestic travel that is subject to such requirements (d) CONSULTATION ENCOURAGED.—In pre- supply chains that significantly facilitate, by accredited diplomatic and consular per- paring the report required by subsection (b), support, or otherwise aid Hizballah’s acquisi- sonnel of the Russian Federation in the the Director is encouraged to consult with tion or development of missile production fa- United States, and take necessary action to other government agencies, think tanks, cilities, including the geographic distribu- secure full compliance by Russian personnel academia, representatives of the financial tion of such foreign and domestic supply and address any noncompliance; and industry, or such other entities as the Direc- chains. (2) provide notice of travel described in tor considers appropriate. (6) An assessment of the provision of goods, paragraph (1) to the Director of National In- (e) FORM.—The report required by sub- services, or technology transferred by Iran telligence and the Director of the Federal section (b) shall be submitted in unclassified or its affiliates to Hizballah to indigenously Bureau of Investigation within 1 hour of reform, but may include a classified annex as manufacture or otherwise produce missiles. ceiving notice of such travel. necessary. (7) An identification of foreign persons SEC. 706. REPORT ON OUTREACH STRATEGY AD- SEC. 707. REPORT ON IRANIAN SUPPORT OF that are based on credible information, fa- DRESSING THREATS FROM UNITED PROXY FORCES IN SYRIA AND LEB- cilitating the transfer of significant finan- STATES ADVERSARIES TO THE ANON. UNITED STATES TECHNOLOGY SEC- cial support or arms or related materiel to (a) DEFINITIONS.—In this section: TOR. Hizballah. (1) APPROPRIATE COMMITTEES OF CON- (a) APPROPRIATE COMMITTEES OF CONGRESS (8) A description of the threat posed to GRESS.—The term ‘‘appropriate committees DEFINED.—In this section, the term ‘‘appro- Israel and other United States allies in the priate committees of Congress’’ means— of Congress’’ means— Middle East by the transfer of arms or re- (1) the congressional intelligence commit- (A) the Committee on Armed Services, the lated material or other support offered to tees; Committee on Foreign Relations, and the Se- Hizballah and other proxies from Iran. (2) the Committee on Armed Services and lect Committee on Intelligence of the Sen- (d) FORM OF REPORT.—The report required the Committee on Homeland Security and ate; and under subsection (b) shall be submitted in Governmental Affairs of the Senate; and (B) the Committee on Armed Services, the unclassified form, but may include a classi- (3) the Committee on Armed Services, Committee on Foreign Affairs, and the Per- fied annex. Committee on Homeland Security, and the manent Select Committee on Intelligence of SEC. 708. ANNUAL REPORT ON IRANIAN EXPENDI- Committee on Oversight and Reform of the the House of Representatives. TURES SUPPORTING FOREIGN MILI- House of Representatives. (2) ARMS OR RELATED MATERIAL.—The term TARY AND TERRORIST ACTIVITIES. (b) REPORT REQUIRED.—Not later than 180 ‘‘arms or related material’’ means— (a) ANNUAL REPORT REQUIRED.—Not later days after the date of the enactment of this (A) nuclear, biological, chemical, or radio- than 90 days after the date of the enactment Act, the Director of National Intelligence logical weapons or materials or components of this Act and not less frequently than once shall submit to the appropriate committees of such weapons; each year thereafter, the Director of Na- of Congress a report detailing outreach by (B) ballistic or cruise missile weapons or tional Intelligence shall submit to Congress the intelligence community and the Defense materials or components of such weapons; a report describing Iranian expenditures in Intelligence Enterprise to United States in- (C) destabilizing numbers and types of ad- the previous calendar year on military and dustrial, commercial, scientific, technical, vanced conventional weapons; terrorist activities outside the country, in- and academic communities on matters relat- (D) defense articles or defense services, as cluding each of the following: ing to the efforts of adversaries of the United those terms are defined in paragraphs (3) and (1) The amount spent in such calendar year States to acquire critical United States (4), respectively, of section 47 of the Arms on activities by the Islamic Revolutionary technology, intellectual property, and re- Export Control Act (22 U.S.C. 2794); Guard Corps, including activities providing search and development information. (E) defense information, as that term is de- support for— (c) CONTENTS.—The report required by sub- fined in section 644 of the Foreign Assistance (A) Hizballah; section (b) shall include the following: Act of 1961 (22 U.S.C. 2403); or (B) Houthi rebels in Yemen; (1) A review of the current outreach efforts (F) items designated by the President for (C) Hamas; of the intelligence community and the De- purposes of the United States Munitions List (D) proxy forces in Iraq and Syria; or

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3744 CONGRESSIONAL RECORD — SENATE June 18, 2019 (E) any other entity or country the Direc- (1) in the subsection heading, by striking (1) An assessment of the feasibility of es- tor determines to be relevant. ‘‘AUDIT’’ and inserting ‘‘REVIEW’’; tablishing the exchange program described (2) The amount spent in such calendar year (2) in paragraph (1), by striking ‘‘audit’’ in such subsection. for ballistic missile research and testing or and inserting ‘‘review’’; and (2) Identification of any challenges in es- other activities that the Director determines (3) in paragraph (2), by striking ‘‘audit’’ tablishing the exchange program. are destabilizing to the Middle East region. and inserting ‘‘review’’. (3) An evaluation of the benefits to the in- (b) FORM.—The report required under sub- SEC. 712. REPORTS ON AUTHORITIES OF THE telligence community that would result section (a) shall be submitted in unclassified CHIEF INTELLIGENCE OFFICER OF from the exchange program. THE DEPARTMENT OF HOMELAND form, but may include a classified annex. SEC. 714. REVIEW OF INTELLIGENCE COMMUNITY SECURITY. SEC. 709. EXPANSION OF SCOPE OF COMMITTEE WHISTLEBLOWER MATTERS. (a) DEFINITIONS.—In this section: TO COUNTER ACTIVE MEASURES (a) REVIEW OF WHISTLEBLOWER MATTERS.— (1) APPROPRIATE COMMITTEES OF CON- AND REPORT ON ESTABLISHMENT The Inspector General of the Intelligence GRESS.—The term ‘‘appropriate committees OF FOREIGN MALIGN INFLUENCE Community, in consultation with the inspec- of Congress’’ means— CENTER. tors general for the Central Intelligence (A) the congressional intelligence commit- (a) SCOPE OF COMMITTEE TO COUNTER AC- Agency, the National Security Agency, the tees; TIVE MEASURES.— National Geospatial-Intelligence Agency, the (B) the Committee on Homeland Security (1) IN GENERAL.—Section 501 of the Intel- Defense Intelligence Agency, and the Na- and Governmental Affairs of the Senate; and ligence Authorization Act for Fiscal Year tional Reconnaissance Office, shall conduct a (C) the Committee on Homeland Security 2017 (Public Law 115–31; 50 U.S.C. 3001 note) is review of the authorities, policies, investiga- of the House of Representatives. amended— tory standards, and other practices and pro- (2) HOMELAND SECURITY INTELLIGENCE EN- (A) in subsections (a) through (h)— cedures relating to intelligence community TERPRISE.—The term ‘‘Homeland Security (i) by inserting ‘‘, the People’s Republic of whistleblower matters, with respect to such China, the Islamic Republic of Iran, the Intelligence Enterprise’’ has the meaning given such term in Department of Homeland inspectors general. Democratic People’s Republic of Korea, or (b) OBJECTIVE OF REVIEW.—The objective of Security Instruction Number 264–01–001, or other nation state’’ after ‘‘Russian Federa- the review required under subsection (a) is to successor authority. tion’’ each place it appears; and identify any discrepancies, inconsistencies, (ii) by inserting ‘‘, China, Iran, North (b) REPORT REQUIRED.—Not later than 120 days after the date of the enactment of this or other issues, which frustrate the timely Korea, or other nation state’’ after ‘‘Russia’’ and effective reporting of intelligence com- each place it appears; and Act, the Secretary of Homeland Security, in consultation with the Under Secretary of munity whistleblower matters to appro- (B) in the section heading, by inserting ‘‘, Homeland Security for Intelligence and priate inspectors general and to the congres- THE PEOPLE’S REPUBLIC OF CHINA, THE ISLAMIC Analysis, shall submit to the appropriate sional intelligence committees, and the fair REPUBLIC OF IRAN, THE DEMOCRATIC PEOPLE’S committees of Congress a report on the au- and expeditious investigation and resolution ’’ REPUBLIC OF KOREA, OR OTHER NATION STATE thorities of the Under Secretary. of such matters. after ‘‘ ’’. RUSSIAN FEDERATION (c) ELEMENTS.—The report required by sub- (c) CONDUCT OF REVIEW.—The Inspector (2) CLERICAL AMENDMENT.—The table of section (b) shall include each of the fol- General of the Intelligence Community shall contents in section 1(b) of such Act is lowing: take such measures as the Inspector General amended by striking the item relating to (1) An analysis of whether the Under Sec- determines necessary in order to ensure that section 501 and inserting the following new retary has the legal and policy authority the review required by subsection (a) is con- item: necessary to organize and lead the Homeland ducted in an independent and objective fash- ‘‘Sec. 501. Committee to counter active Security Intelligence Enterprise, with re- ion. measures by the Russian Fed- spect to intelligence, and, if not, a descrip- (d) REPORT.—Not later than 270 days after eration, the People’s Republic tion of— the date of the enactment of this Act, the In- of China, the Islamic Republic (A) the obstacles to exercising the authori- spector General of the Intelligence Commu- of Iran, the Democratic Peo- ties of the Chief Intelligence Officer of the nity shall submit to the congressional intel- ple’s Republic of Korea, and Department and the Homeland Security In- ligence committees a written report con- other nation states to exert telligence Council, of which the Chief Intel- taining the results of the review required covert influence over peoples ligence Officer is the chair; and under subsection (a), along with rec- and governments.’’. (B) the legal and policy changes necessary ommendations to improve the timely and ef- (b) REPORT REQUIRED.— to effectively coordinate, organize, and lead fective reporting of intelligence community (1) IN GENERAL.—Not later than 180 days intelligence activities of the Department of whistleblower matters to inspectors general after the date of the enactment of this Act, Homeland Security. and to the congressional intelligence com- the Director of National Intelligence, in co- (2) A description of the actions that the mittees and the fair and expeditious inves- ordination with such elements of the intel- Secretary has taken to address the inability tigation and resolution of such matters. ligence community as the Director considers of the Under Secretary to require compo- SEC. 715. REPORT ON ROLE OF DIRECTOR OF NA- relevant, shall submit to the congressional nents of the Department, other than the Of- TIONAL INTELLIGENCE WITH RE- intelligence committees a report on the fea- fice of Intelligence and Analysis of the De- SPECT TO CERTAIN FOREIGN IN- sibility and advisability of establishing a partment to— VESTMENTS. center, to be known as the ‘‘Foreign Malign (A) coordinate intelligence programs; and (a) REPORT.—Not later than 180 days after Influence Response Center’’, that— (B) integrate and standardize intelligence the date of the enactment of this Act, the (A) is comprised of analysts from all appro- products produced by such other compo- Director of National Intelligence, in con- priate elements of the intelligence commu- nents. sultation with the heads of the elements of nity, including elements with related diplo- SEC. 713. REPORT ON CYBER EXCHANGE PRO- the intelligence community determined ap- matic and law enforcement functions; GRAM. propriate by the Director, shall submit to (B) has access to all intelligence and other (a) REPORT.—Not later than 90 days after the congressional intelligence committees a reporting acquired by the United States Gov- the date of the enactment of this Act, the report on the role of the Director in pre- ernment on foreign efforts to influence, Director of National Intelligence shall sub- paring analytic materials in connection with through overt and covert malign activities, mit to the congressional intelligence com- the evaluation by the Federal Government of United States political processes and elec- mittees a report on the potential establish- national security risks associated with po- tions; ment of a fully voluntary exchange program tential foreign investments into the United (C) provides comprehensive assessment, between elements of the intelligence commu- States. and indications and warning, of such activi- nity and private technology companies under (b) ELEMENTS.—The report under sub- which— ties; and section (a) shall include— (1) an employee of an element of the intel- (D) provides for enhanced dissemination of (1) a description of the current process for ligence community with demonstrated ex- such assessment to United States policy the provision of the analytic materials de- pertise and work experience in cybersecurity makers. scribed in subsection (a); or related disciplines may elect to be tempo- (2) CONTENTS.—The Report required by (2) an identification of the most significant rarily detailed to a private technology com- paragraph (1) shall include the following: benefits and drawbacks of such process with pany that has elected to receive the detailee; (A) A discussion of the desirability of the respect to the role of the Director, including and establishment of such center and any bar- the sufficiency of resources and personnel to (2) an employee of a private technology riers to such establishment. prepare such materials; and company with demonstrated expertise and (B) Such recommendations and other mat- (3) recommendations to improve such proc- work experience in cybersecurity or related ters as the Director considers appropriate. ess. disciplines may elect to be temporarily de- SEC. 716. REPORT ON SURVEILLANCE BY FOR- Subtitle B—Reports tailed to an element of the intelligence com- EIGN GOVERNMENTS AGAINST SEC. 711. TECHNICAL CORRECTION TO INSPEC- munity that has elected to receive the UNITED STATES TELECOMMUNI- TOR GENERAL STUDY. detailee. CATIONS NETWORKS. Section 11001(d) of title 5, United States (b) ELEMENTS.—The report under sub- (a) APPROPRIATE CONGRESSIONAL COMMIT- Code, is amended— section (a) shall include the following: TEES DEFINED.—In this section, the term

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3745 ‘‘appropriate congressional committees’’ Law 115–31) is amended by striking ‘‘the ‘‘(C) A statement indicating the highest means the following: number’’ and inserting ‘‘a best estimate’’. level of classification of the information (1) The congressional intelligence commit- SEC. 719. SEMIANNUAL REPORTS ON INVESTIGA- that was revealed in the unauthorized disclo- tees. TIONS OF UNAUTHORIZED DISCLO- sure. (2) The Committee on the Judiciary and SURES OF CLASSIFIED INFORMA- ‘‘(D) A statement indicating whether an the Committee on Homeland Security and TION. open criminal investigation related to the Governmental Affairs of the Senate. (a) IN GENERAL.—Title XI of the National referral is active. (3) The Committee on the Judiciary and Security Act of 1947 (50 U.S.C. 3231 et seq.) is ‘‘(E) A statement indicating whether any amended by adding at the end the following the Committee on Homeland Security of the criminal charges have been filed related to new section: House of Representatives. the referral. ‘‘SEC. 1105. SEMIANNUAL REPORTS ON INVES- (b) REPORT.—Not later than 180 days after ‘‘(F) A statement indicating whether the TIGATIONS OF UNAUTHORIZED DIS- Department of Justice has been able to at- the date of the enactment of this Act, the CLOSURES OF CLASSIFIED INFOR- Director of National Intelligence shall, in co- MATION. tribute the unauthorized disclosure to a par- ordination with the Director of the Central ‘‘(a) DEFINITIONS.—In this section: ticular entity or individual. ‘‘(d) FORM OF REPORTS.—Each report sub- Intelligence Agency, the Director of the Na- ‘‘(1) COVERED OFFICIAL.—The term ‘covered mitted under this section shall be submitted tional Security Agency, the Director of the official’ means— in unclassified form, but may have a classi- Federal Bureau of Investigation, and the ‘‘(A) the heads of each element of the intel- fied annex.’’. Secretary of Homeland Security, submit to ligence community; and (b) CLERICAL AMENDMENT.—The table of the appropriate congressional committees a ‘‘(B) the inspectors general with oversight contents in the first section of the National report describing— responsibility for an element of the intel- Security Act of 1947 is amended by inserting (1) any attempts known to the intelligence ligence community. after the item relating to section 1104 the community by foreign governments to ex- ‘‘(2) INVESTIGATION.—The term ‘investiga- following new item: ploit cybersecurity vulnerabilities in United tion’ means any inquiry, whether formal or ‘‘Sec. 1105. Semiannual reports on investiga- States telecommunications networks (in- informal, into the existence of an unauthor- cluding Signaling System No. 7) to target for ized public disclosure of classified informa- tions of unauthorized disclo- surveillance United States persons, includ- tion. sures of classified information.’’. ing employees of the Federal Government; ‘‘(3) UNAUTHORIZED DISCLOSURE OF CLASSI- and FIED INFORMATION.—The term ‘unauthorized SEC. 720. CONGRESSIONAL NOTIFICATION OF disclosure of classified information’ means DESIGNATION OF COVERED INTEL- (2) any actions, as of the date of the enact- LIGENCE OFFICER AS PERSONA NON ment of this Act, taken by the intelligence any unauthorized disclosure of classified in- GRATA. community to protect agencies and per- formation to any recipient. (a) COVERED INTELLIGENCE OFFICER DE- sonnel of the United States Government ‘‘(4) UNAUTHORIZED PUBLIC DISCLOSURE OF FINED.—In this section, the term ‘‘covered from surveillance conducted by foreign gov- CLASSIFIED INFORMATION.—The term ‘unau- intelligence officer’’ means— ernments. thorized public disclosure of classified infor- (1) a United States intelligence officer SEC. 717. BIENNIAL REPORT ON FOREIGN IN- mation’ means the unauthorized disclosure serving in a post in a foreign country; or VESTMENT RISKS. of classified information to a journalist or (2) a known or suspected foreign intel- (a) INTELLIGENCE COMMUNITY INTERAGENCY media organization. ligence officer serving in a United States ‘‘(b) INTELLIGENCE COMMUNITY REPORT- WORKING GROUP.— post. ING.— (1) REQUIREMENT TO ESTABLISH.—The Direc- (b) REQUIREMENT FOR REPORTS.—Not later ‘‘(1) IN GENERAL.—Not less frequently than tor of National Intelligence shall establish than 72 hours after a covered intelligence of- once every 6 months, each covered official an intelligence community interagency ficer is designated as a persona non grata, shall submit to the congressional intel- working group to prepare the biennial re- the Director of National Intelligence, in con- ligence committees a report on investiga- ports required by subsection (b). sultation with the Secretary of State, shall tions of unauthorized public disclosures of (2) CHAIRPERSON.—The Director of National submit to the congressional intelligence classified information. Intelligence shall serve as the chairperson of committees, the Committee on Foreign Re- ‘‘(2) ELEMENTS.—Each report submitted such interagency working group. lations of the Senate, and the Committee on under paragraph (1) shall include, with re- (3) MEMBERSHIP.—Such interagency work- Foreign Affairs of the House of Representa- spect to the preceding 6-month period, the ing group shall be composed of representatives a notification of that designation. Each following: tives of each element of the intelligence such notification shall include— ‘‘(A) The number of investigations opened (1) the date of the designation; community that the Director of National In- by the covered official regarding an unau- telligence determines appropriate. (2) the basis for the designation; and thorized public disclosure of classified infor- (3) a justification for the expulsion. (b) BIENNIAL REPORT ON FOREIGN INVEST- mation. SEC. 721. REPORTS ON INTELLIGENCE COMMU- MENT RISKS.— ‘‘(B) The number of investigations com- NITY PARTICIPATION IN (1) REPORT REQUIRED.—Not later than 180 pleted by the covered official regarding an VULNERABILITIES EQUITIES PROC- days after the date of the enactment of this unauthorized public disclosure of classified ESS OF FEDERAL GOVERNMENT. Act and not less frequently than once every information. (a) DEFINITIONS.—In this section: 2 years thereafter, the Director of National ‘‘(C) Of the number of such completed in- (1) VULNERABILITIES EQUITIES POLICY AND Intelligence shall submit to the congres- vestigations identified under subparagraph PROCESS DOCUMENT.—The term sional intelligence committees, the Com- (B), the number referred to the Attorney ‘‘Vulnerabilities Equities Policy and Process mittee on Homeland Security and Govern- General for criminal investigation. document’’ means the executive branch doc- mental Affairs of the Senate, and the Com- ‘‘(c) DEPARTMENT OF JUSTICE REPORTING.— ument entitled ‘‘Vulnerabilities Equities mittee on Homeland Security of the House of ‘‘(1) IN GENERAL.—Not less frequently than Policy and Process’’ dated November 15, 2017. Representatives a report on foreign invest- once every 6 months, the Assistant Attorney (2) VULNERABILITIES EQUITIES PROCESS.— ment risks prepared by the interagency General for National Security of the Depart- The term ‘‘Vulnerabilities Equities Process’’ working group established under subsection ment of Justice, in consultation with the Di- means the interagency review of (a). rector of the Federal Bureau of Investiga- vulnerabilities, pursuant to the (2) ELEMENTS.—Each report required by tion, shall submit to the congressional intel- Vulnerabilities Equities Policy and Process paragraph (1) shall include identification, ligence committees, the Committee on the document or any successor document. analysis, and explanation of the following: Judiciary of the Senate, and the Committee (3) VULNERABILITY.—The term ‘‘vulner- (A) Any current or projected major threats on the Judiciary of the House of Representa- ability’’ means a weakness in an information to the national security of the United States tives a report on the status of each referral system or its components (for example, sys- with respect to foreign investment. made to the Department of Justice from any tem security procedures, hardware design, (B) Any strategy used by a foreign country element of the intelligence community re- and internal controls) that could be ex- that such interagency working group has garding an unauthorized disclosure of classi- ploited or could affect confidentiality, integ- identified to be a country of special concern fied information made during the most re- rity, or availability of information. to use foreign investment to target the ac- cent 365-day period or any referral that has (b) REPORTS ON PROCESS AND CRITERIA quisition of critical technologies, critical not yet been closed, regardless of the date UNDER VULNERABILITIES EQUITIES POLICY AND materials, or critical infrastructure. the referral was made. PROCESS.— (C) Any economic espionage efforts di- ‘‘(2) CONTENTS.—Each report submitted (1) IN GENERAL.—Not later than 90 days rected at the United States by a foreign under paragraph (1) shall include, for each after the date of the enactment of this Act, country, particularly such a country of spe- referral covered by the report, at a min- the Director of National Intelligence shall cial concern. imum, the following: submit to the congressional intelligence SEC. 718. MODIFICATION OF CERTAIN REPORT- ‘‘(A) The date the referral was received. committees a written report describing— ING REQUIREMENT ON TRAVEL OF ‘‘(B) A statement indicating whether the (A) with respect to each element of the in- FOREIGN DIPLOMATS. alleged unauthorized disclosure described in telligence community— Section 502(d)(2) of the Intelligence Au- the referral was substantiated by the Depart- (i) the title of the official or officials re- thorization Act for Fiscal Year 2017 (Public ment of Justice. sponsible for determining whether, pursuant

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3746 CONGRESSIONAL RECORD — SENATE June 18, 2019 to criteria contained in the Vulnerabilities (3) The effectiveness of processes for iden- vide to the appropriate congressional com- Equities Policy and Process document or any tifying topics of public or historical impor- mittees a briefing on the anticipated geo- successor document, a vulnerability must be tance that merit prioritization for a declas- political effects of emerging infectious dis- submitted for review under the sification review. ease (including deliberate, accidental, and Vulnerabilities Equities Process; and (b) INSPECTORS GENERAL LISTED.—The In- naturally occurring infectious disease (ii) the process used by such element to spectors General listed in this subsection are threats) and pandemics, and their implica- make such determination; and as follows: tions on the national security of the United (B) the roles or responsibilities of that ele- (1) The Inspector General of the Intel- States. ment during a review of a vulnerability sub- ligence Community. (3) CONTENT.—The briefing under para- mitted to the Vulnerabilities Equities Proc- (2) The Inspector General of the Central In- graph (2) shall include an assessment of— ess. telligence Agency. (A) the economic, social, political, and se- (2) CHANGES TO PROCESS OR CRITERIA.—Not (3) The Inspector General of the National curity risks, costs, and impacts of emerging later than 30 days after any significant Security Agency. infectious diseases on the United States and change is made to the process and criteria (4) The Inspector General of the Defense the international political and economic sys- used by any element of the intelligence com- Intelligence Agency. tem; munity for determining whether to submit a (5) The Inspector General of the National (B) the economic, social, political, and se- vulnerability for review under the Reconnaissance Office. curity risks, costs, and impacts of a major Vulnerabilities Equities Process, such ele- (6) The Inspector General of the National transnational pandemic on the United States ment shall submit to the congressional intel- Geospatial-Intelligence Agency. and the international political and economic ligence committees a report describing such SEC. 723. REPORTS ON GLOBAL WATER INSECU- system; and change. RITY AND NATIONAL SECURITY IM- (C) contributing trends and factors to the (3) FORM OF REPORTS.—Each report sub- PLICATIONS AND BRIEFING ON matters assessed under subparagraphs (A) mitted under this subsection shall be sub- EMERGING INFECTIOUS DISEASE and (B). AND PANDEMICS. mitted in unclassified form, but may include (4) EXAMINATION OF RESPONSE CAPACITY.—In (a) REPORTS ON GLOBAL WATER INSECURITY a classified annex. examining the risks, costs, and impacts of AND NATIONAL SECURITY IMPLICATIONS.— emerging infectious disease and a possible (c) ANNUAL REPORTS.— (1) REPORTS REQUIRED.—Not later than 180 (1) IN GENERAL.—Not less frequently than days after the date of the enactment of this transnational pandemic under paragraph (3), once each calendar year, the Director of Na- Act and not less frequently than once every the Director of National Intelligence shall tional Intelligence shall submit to the con- 5 years thereafter, the Director of National also examine in the briefing under paragraph gressional intelligence committees a classi- Intelligence shall submit to the congres- (2) the response capacity within affected fied report containing, with respect to the sional intelligence committees a report on countries and the international system. In previous year— the implications of water insecurity on the considering response capacity, the Director (A) the number of vulnerabilities sub- national security interest of the United shall include— mitted for review under the Vulnerabilities States, including consideration of social, (A) the ability of affected nations to effec- Equities Process; economic, agricultural, and environmental tively detect and manage emerging infec- (B) the number of vulnerabilities described factors. tious diseases and a possible transnational pandemic; in subparagraph (A) disclosed to each vendor (2) ASSESSMENT SCOPE AND FOCUS.—Each re- responsible for correcting the vulnerability, port submitted under paragraph (1) shall in- (B) the role and capacity of international or to the public, pursuant to the clude an assessment of water insecurity de- organizations and nongovernmental organi- Vulnerabilities Equities Process; and scribed in such subsection with a global zations to respond to emerging infectious (C) the aggregate number, by category, of scope, but focus on areas of the world— disease and a possible pandemic, and their the vulnerabilities excluded from review (A) of strategic, economic, or humani- ability to coordinate with affected and donor under the Vulnerabilities Equities Process, tarian interest to the United States— nations; and as described in paragraph 5.4 of the (i) that are, as of the date of the report, at (C) the effectiveness of current inter- Vulnerabilities Equities Policy and Process the greatest risk of instability, conflict, national frameworks, agreements, and document. human insecurity, or mass displacement; or health systems to respond to emerging infec- (2) UNCLASSIFIED INFORMATION.—Each re- (ii) where challenges relating to water in- tious diseases and a possible transnational port submitted under paragraph (1) shall insecurity are likely to emerge and become pandemic. clude an unclassified appendix that con- significant during the 5-year or the 20-year (5) FORM.—The briefing under paragraph (2) tains— period beginning on the date of the report; may be classified. (A) the aggregate number of and SEC. 724. ANNUAL REPORT ON MEMORANDA OF vulnerabilities disclosed to vendors or the (B) where challenges relating to water in- UNDERSTANDING BETWEEN ELE- public pursuant to the Vulnerabilities Equi- MENTS OF INTELLIGENCE COMMU- security are likely to imperil the national NITY AND OTHER ENTITIES OF THE ties Process; and security interests of the United States or al- (B) the aggregate number of vulnerabilities UNITED STATES GOVERNMENT RE- lies of the United States. GARDING SIGNIFICANT OPER- disclosed to vendors or the public pursuant (3) CONSULTATION.—In researching a report ATIONAL ACTIVITIES OR POLICY. to the Vulnerabilities Equities Process required by paragraph (1), the Director shall Section 311 of the Intelligence Authoriza- known to have been patched. consult with— tion Act for Fiscal Year 2017 (50 U.S.C. 3313) (3) NON-DUPLICATION.—The Director of Na- (A) such stakeholders within the intel- is amended— tional Intelligence may forgo submission of ligence community, the Department of De- (1) by redesignating subsection (b) as sub- an annual report required under this sub- fense, and the Department of State as the section (c); and section for a calendar year, if the Director Director considers appropriate; and (2) by striking subsection (a) and inserting notifies the intelligence committees in writ- (B) such additional Federal agencies and the following: ing that, with respect to the same calendar persons in the private sector as the Director ‘‘(a) IN GENERAL.—Each year, concurrent year, an annual report required by paragraph considers appropriate. with the annual budget request submitted by 4.3 of the Vulnerabilities Equities Policy and (4) FORM.—Each report submitted under the President to Congress under section 1105 Process document already has been subparagraph (1) shall be submitted in unclassi- of title 31, United States Code, each head of mitted to Congress, and such annual report fied form, but may include a classified an element of the intelligence community contains the information that would other- annex. shall submit to the congressional intel- wise be required to be included in an annual (b) BRIEFING ON EMERGING INFECTIOUS DIS- ligence committees a report that lists each report under this subsection. EASE AND PANDEMICS.— memorandum of understanding or other SEC. 722. INSPECTORS GENERAL REPORTS ON (1) APPROPRIATE CONGRESSIONAL COMMIT- agreement regarding significant operational CLASSIFICATION. TEES DEFINED.—In this subsection, the term activities or policy entered into during the (a) REPORTS REQUIRED.—Not later than Oc- ‘‘appropriate congressional committees’’ most recently completed fiscal year between tober 1, 2019, each Inspector General listed in means— or among such element and any other entity subsection (b) shall submit to the congres- (A) the congressional intelligence commit- of the United States Government. sional intelligence committees a report that tees; ‘‘(b) PROVISION OF DOCUMENTS.—Each head includes, with respect to the department or (B) the Committee on Foreign Affairs, the of an element of an intelligence community agency of the Inspector General, analyses of Committee on Armed Services, and the Com- who receives a request from the Select Com- the following: mittee on Appropriations of the House of mittee on Intelligence of the Senate or the (1) The accuracy of the application of clas- Representatives; and Permanent Select Committee on Intelligence sification and handling markers on a rep- (C) the Committee on Foreign Relations, of the House of Representatives for a copy of resentative sample of finished reports, in- the Committee on Armed Services, and the a memorandum of understanding or other cluding such reports that are compart- Committee on Appropriations of the Senate. document listed in a report submitted by the mented. (2) BRIEFING.—Not later than 120 days after head under subsection (a) shall submit to (2) Compliance with declassification proce- the date of the enactment of this Act, the such committee the requested copy as soon dures. Director of National Intelligence shall pro- as practicable after receiving such request.’’.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3747 SEC. 725. STUDY ON THE FEASIBILITY OF munity would require to establish and ini- (2) Whether such requirements are reason- ENCRYPTING UNCLASSIFIED tially carry out the program specified in ably based on the mission of the Office. WIRELINE AND WIRELESS TELE- paragraph (1). (3) A discussion of how the number of the PHONE CALLS. (B) A description of the practical steps to Senior Executive Service positions in the Of- (a) STUDY REQUIRED.—Not later than 180 establish and carry out such a program. fice compare to the number of senior posi- days after the date of the enactment of this (C) The identification of any legislative actions at comparable organizations. Act, the Director of National Intelligence tion the Director determines necessary to es- (d) COOPERATION.—The Director of Na- shall complete a study on the feasibility of tablish and carry out such a program. tional Intelligence shall provide to the In- encrypting unclassified wireline and wireless (c) ANNUAL REPORTS ON ESTABLISHED PRO- spector General of the Intelligence Commu- telephone calls between personnel in the in- GRAMS.— nity any information requested by the In- telligence community. (1) COVERED PROGRAMS DEFINED.—In this spector General of the Intelligence Commu- (b) REPORT.—Not later than 90 days after subsection, the term ‘‘covered programs’’ nity that is necessary to carry out this sec- the date on which the Director completes the means any loan repayment program, loan tion by not later than 14 calendar days after study required by subsection (a), the Direc- forgiveness program, financial counseling the date on which the Inspector General of tor shall submit to the congressional intel- program, or similar program, established the Intelligence Community makes such re- ligence committees a report on the Direc- pursuant to title X of the National Security quest. tor’s findings with respect to such study. Act of 1947 (50 U.S.C. 3191 et seq.) or any SEC. 730. BRIEFING ON FEDERAL BUREAU OF IN- SEC. 726. MODIFICATION OF REQUIREMENT FOR other provision of law that may be adminis- VESTIGATION OFFERING PERMA- NENT RESIDENCE TO SOURCES AND ANNUAL REPORT ON HIRING AND tered or used by an element of the intel- RETENTION OF MINORITY EMPLOY- COOPERATORS. EES. ligence community. Not later than 30 days after the date of the (2) ANNUAL REPORTS REQUIRED.—Not less (a) EXPANSION OF PERIOD OF REPORT.—Sub- enactment of this Act, the Director of the section (a) of section 114 of the National Se- frequently than once each year, the Director Federal Bureau of Investigation shall pro- curity Act of 1947 (50 U.S.C. 3050) is amended of National Intelligence shall submit to the vide to the congressional intelligence com- by inserting ‘‘and the preceding 5 fiscal congressional intelligence committees a re- mittees a briefing on the ability of the Fed- years’’ after ‘‘fiscal year’’. port on the covered programs. Each such re- eral Bureau of Investigation to offer, as an port shall include, with respect to the period (b) CLARIFICATION ON DISAGGREGATION OF inducement to assisting the Bureau, perma- covered by the report, the following: DATA.—Subsection (b) of such section is nent residence within the United States to amended, in the matter before paragraph (1), (A) The number of personnel from each ele- foreign individuals who are sources or co- by striking ‘‘disaggregated data by category ment of the intelligence community who operators in counterintelligence or other na- of covered person from each element of the used each covered program. tional security-related investigations. The intelligence community’’ and inserting (B) The total amount of funds each ele- briefing shall address the following: ‘‘data, disaggregated by category of covered ment expended for each such program. (1) The extent to which the Bureau may person and by element of the intelligence (C) A description of the efforts made by make such offers, whether independently or community,’’. each element to promote each covered pro- in conjunction with other agencies and de- gram pursuant to both the personnel of the partments of the United States Government, SEC. 727. REPORTS ON INTELLIGENCE COMMU- element of the intelligence community and including a discussion of the authorities pro- NITY LOAN REPAYMENT AND RE- LATED PROGRAMS. to prospective personnel. vided by section 101(a)(15)(S) of the Immigra- tion and Nationality Act (8 U.S.C. (a) SENSE OF CONGRESS.—It is the sense of SEC. 728. REPEAL OF CERTAIN REPORTING RE- Congress that— QUIREMENTS. 1101(a)(15)(S)), section 7 of the Central Intel- (1) there should be established, through the (a) CORRECTING LONG-STANDING MATERIAL ligence Agency Act (50 U.S.C. 3508), and any issuing of an Intelligence Community Direc- WEAKNESSES.—Section 368 of the Intelligence other provision of law under which the Bu- tive or otherwise, an intelligence commu- Authorization Act for Fiscal Year 2010 (Pub- reau may make such offers. (2) An overview of the policies and oper- nity-wide program for student loan repay- lic Law 110–259; 50 U.S.C. 3051 note) is hereby ational practices of the Bureau with respect ment, student loan forgiveness, financial repealed. (b) INTERAGENCY THREAT ASSESSMENT AND to making such offers. counseling, and related matters, for employ- COORDINATION GROUP.—Section 210D of the (3) The sufficiency of such policies and ees of the intelligence community; Homeland Security Act of 2002 (6 U.S.C. 124k) practices with respect to inducing individ- (2) creating such a program would enhance is amended— uals to cooperate with, serve as sources for the ability of the elements of the intel- (1) by striking subsection (c); and such investigations, or both. ligence community to recruit, hire, and re- (2) by redesignating subsections (d) (4) Whether the Director recommends any tain highly qualified personnel, including through (i) as subsections (c) through (h), re- legislative actions to improve such policies with respect to mission-critical and hard-to- spectively; and and practices, particularly with respect to fill positions; (3) in subsection (c), as so redesignated— the counterintelligence efforts of the Bu- (3) such a program, including with respect (A) in paragraph (8), by striking ‘‘; and’’ reau. to eligibility requirements, should be de- and inserting a period; and SEC. 731. INTELLIGENCE ASSESSMENT OF NORTH signed so as to maximize the ability of the (B) by striking paragraph (9). KOREA REVENUE SOURCES. elements of the intelligence community to (c) INSPECTOR GENERAL REPORT.—Section (a) ASSESSMENT REQUIRED.—Not later than recruit, hire, and retain highly qualified per- 8H of the Inspector General Act of 1978 (5 180 days after the date of the enactment of sonnel, including with respect to mission- U.S.C. App.) is amended— this Act, the Director of National Intel- critical and hard-to-fill positions; and (1) by striking subsection (g); and ligence, in coordination with the Assistant (4) to the extent possible, such a program (2) by redesignating subsections (h) and (i) Secretary of State for Intelligence and Re- should be uniform throughout the intel- as subsections (g) and (h), respectively. search and the Assistant Secretary of the ligence community and publicly promoted Treasury for Intelligence and Analysis, shall by each element of the intelligence commu- SEC. 729. INSPECTOR GENERAL OF THE INTEL- LIGENCE COMMUNITY REPORT ON produce an intelligence assessment of the nity to both current employees of the ele- SENIOR EXECUTIVES OF THE OF- revenue sources of the North Korean regime. ment as well as to prospective employees of FICE OF THE DIRECTOR OF NA- Such assessment shall include revenue from the element. TIONAL INTELLIGENCE. the following sources: (b) REPORT ON POTENTIAL INTELLIGENCE (a) SENIOR EXECUTIVE SERVICE POSITION (1) Trade in coal, iron, and iron ore. COMMUNITY-WIDE PROGRAM.— DEFINED.—In this section, the term ‘‘Senior (2) The provision of fishing rights to North (1) IN GENERAL.—Not later than 180 days Executive Service position’’ has the meaning Korean territorial waters. after the date of the enactment of this Act, given that term in section 3132(a)(2) of title (3) Trade in gold, titanium ore, vanadium the Director of National Intelligence, in co- 5, United States Code, and includes any posi- ore, copper, silver, nickel, zinc, or rare earth operation with the heads of the elements of tion above the GS–15, step 10, level of the minerals, and other stores of value. the intelligence community and the heads of General Schedule under section 5332 of such (4) Trade in textiles. any other appropriate department or agency title. (5) Sales of conventional defense articles of the Federal Government, shall submit to (b) REPORT.—Not later than 90 days after and services. the congressional intelligence committees a the date of the enactment of this Act, the In- (6) Sales of controlled goods, ballistic mis- report on potentially establishing and car- spector General of the Intelligence Commu- siles, and other associated items. rying out an intelligence community-wide nity shall submit to the congressional intel- (7) Other types of manufacturing for ex- program for student loan repayment, student ligence committees a report on the number port, as the Director of National Intelligence loan forgiveness, financial counseling, and of Senior Executive Service positions in the considers appropriate. related matters, as described in subsection Office of the Director of National Intel- (8) The exportation of workers from North (a). ligence. Korea in a manner intended to generate sig- (2) MATTERS INCLUDED.—The report under (c) MATTERS INCLUDED.—The report under nificant revenue, directly or indirectly, for paragraph (1) shall include, at a minimum, subsection (b) shall include the following: use by the government of North Korea. the following: (1) The number of required Senior Execu- (9) The provision of nonhumanitarian (A) A description of the financial resources tive Service positions for the Office of the goods (such as food, medicine, and medical that the elements of the intelligence com- Director of National Intelligence. devices) and services by other countries.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3748 CONGRESSIONAL RECORD — SENATE June 18, 2019 (10) The provision of services, including mittee on Energy and Natural Resources of (D) The North American Electric Reli- banking and other support, including by en- the Senate; and ability Corporation. tities located in the Russian Federation, (C) the Committee on Homeland Security (E) The Nuclear Regulatory Commission. China, and Iran. and the Committee on Energy and Commerce (F)(i) The Office of the Director of Na- (11) Online commercial activities of the of the House of Representatives. tional Intelligence; or Government of North Korea, including on- (2) COVERED ENTITY.—The term ‘‘covered (ii) the intelligence community (as defined line gambling. entity’’ means an entity identified pursuant in section 3 of the National Security Act of (12) Criminal activities, including cyber- to section 9(a) of Executive Order 13636 of 1947 (50 U.S.C. 3003)). enabled crime and counterfeit goods. February 12, 2013 (78 Fed. Reg. 11742), relat- (G)(i) The Department of Defense; or (b) ELEMENTS.—The assessment required ing to identification of critical infrastruc- (ii) the Assistant Secretary of Defense for under subsection (a) shall include an identi- ture where a cybersecurity incident could Homeland Security and America’s Security fication of each of the following: reasonably result in catastrophic regional or Affairs. (1) The sources of North Korea’s funding. national effects on public health or safety, (H) A State or regional energy agency. (2) Financial and non-financial networks, economic security, or national security. (I) A national research body or academic including supply chain management, trans- (3) EXPLOIT.—The term ‘‘exploit’’ means a institution. portation, and facilitation, through which software tool designed to take advantage of (J) The National Laboratories. North Korea accesses the United States and a security vulnerability. (d) REPORTS ON THE PROGRAM.— international financial systems and repatri- (4) INDUSTRIAL CONTROL SYSTEM.—The term (1) INTERIM REPORT.—Not later than 180 ates and exports capital, goods, and services; ‘‘industrial control system’’ means an oper- days after the date on which funds are first and ational technology used to measure, control, disbursed under the Program, the Secretary (3) the global financial institutions, money or manage industrial functions, and includes shall submit to the appropriate congres- services business, and payment systems that supervisory control and data acquisition sys- sional committees an interim report that— assist North Korea with financial trans- tems, distributed control systems, and pro- (A) describes the results of the Program; actions. grammable logic or embedded controllers. (B) includes an analysis of the feasibility (c) SUBMITTAL TO CONGRESS.—Upon com- (5) NATIONAL LABORATORY.—The term ‘‘Na- of each method studied under the Program; pletion of the assessment required under sub- tional Laboratory’’ has the meaning given and section (a), the Director of National Intel- the term in section 2 of the Energy Policy (C) describes the results of the evaluations ligence shall submit to the congressional in- Act of 2005 (42 U.S.C. 15801). conducted by the working group established telligence committees a copy of such assess- (6) PROGRAM.—The term ‘‘Program’’ means under subsection (c)(1). ment. the pilot program established under sub- (2) FINAL REPORT.—Not later than 2 years SEC. 732. REPORT ON POSSIBLE EXPLOITATION section (b). after the date on which funds are first dis- OF VIRTUAL CURRENCIES BY TER- (7) SECRETARY.—Except as otherwise spe- bursed under the Program, the Secretary RORIST ACTORS. cifically provided, the term ‘‘Secretary’’ shall submit to the appropriate congres- (a) SHORT TITLE.—This section may be means the Secretary of Energy. sional committees a final report that— cited as the ‘‘Stop Terrorist Use of Virtual (8) SECURITY VULNERABILITY.—The term (A) describes the results of the Program; Currencies Act’’. ‘‘security vulnerability’’ means any at- (B) includes an analysis of the feasibility (b) REPORT.—Not later than 1 year after tribute of hardware, software, process, or of each method studied under the Program; the date of the enactment of this Act, the procedure that could enable or facilitate the and Director of National Intelligence, in con- defeat of a security control. (C) describes the results of the evaluations sultation with the Secretary of the Treas- (b) PILOT PROGRAM FOR SECURING ENERGY conducted by the working group established ury, shall submit to Congress a report on the INFRASTRUCTURE.—Not later than 180 days under subsection (c)(1). possible exploitation of virtual currencies by after the date of the enactment of this Act, (e) EXEMPTION FROM DISCLOSURE.—Infor- terrorist actors. Such report shall include the Secretary shall establish a 2-year control mation shared by or with the Federal Gov- the following elements: systems implementation pilot program with- ernment or a State, Tribal, or local govern- (1) An assessment of the means and meth- in the National Laboratories for the pur- ment under this section— ods by which international terrorist organi- poses of— (1) shall be deemed to be voluntarily zations and State sponsors of terrorism use (1) partnering with covered entities in the shared information; virtual currencies. energy sector (including critical component (2) shall be exempt from disclosure under (2) An assessment of the use by terrorist manufacturers in the supply chain) that vol- section 552 of title 5, United States Code, or organizations and State sponsors of ter- untarily participate in the Program to iden- any provision of any State, Tribal, or local rorism of virtual currencies compared to the tify new classes of security vulnerabilities of freedom of information law, open govern- use by such organizations and States of the covered entities; and ment law, open meetings law, open records other forms of financing to support oper- (2) evaluating technology and standards, in law, sunshine law, or similar law requiring ations, including an assessment of the collec- partnership with covered entities, to isolate the disclosure of information or records; and tion posture of the intelligence community and defend industrial control systems of cov- (3) shall be withheld from the public, with- on the use of virtual currencies by such orga- ered entities from security vulnerabilities out discretion, under section 552(b)(3) of title nizations and States. and exploits in the most critical systems of 5, United States Code, and any provision of (3) A description of any existing legal im- the covered entities, including— any State, Tribal, or local law requiring the pediments that inhibit or prevent the intel- (A) analog and nondigital control systems; disclosure of information or records. ligence community from collecting informa- (B) purpose-built control systems; and (f) PROTECTION FROM LIABILITY.— tion on or helping prevent the use of virtual (C) physical controls. (1) IN GENERAL.—A cause of action against currencies by international terrorist organi- (c) WORKING GROUP TO EVALUATE PROGRAM a covered entity for engaging in the vol- zations and State sponsors of terrorism and STANDARDS AND DEVELOP STRATEGY.— untary activities authorized under sub- an identification of any gaps in existing law (1) ESTABLISHMENT.—The Secretary shall section (b)— that could be exploited for illicit funding by establish a working group— (A) shall not lie or be maintained in any such organizations and States. (A) to evaluate the technology and stand- court; and (c) FORM OF REPORT.—The report required ards used in the Program under subsection (B) shall be promptly dismissed by the ap- by subsection (b) shall be submitted in un- (b)(2); and plicable court. classified form, but may include a classified (B) to develop a national cyber-informed (2) VOLUNTARY ACTIVITIES.—Nothing in this annex. engineering strategy to isolate and defend section subjects any covered entity to liabil- Subtitle C—Other Matters covered entities from security ity for not engaging in the voluntary activi- SEC. 741. PUBLIC INTEREST DECLASSIFICATION vulnerabilities and exploits in the most crit- ties authorized under subsection (b). BOARD. ical systems of the covered entities. (g) NO NEW REGULATORY AUTHORITY FOR Section 710(b) of the Public Interest De- (2) MEMBERSHIP.—The working group es- FEDERAL AGENCIES.—Nothing in this section classification Act of 2000 (Public Law 106–567; tablished under paragraph (1) shall be com- authorizes the Secretary or the head of any 50 U.S.C. 3161 note) is amended by striking posed of not fewer than 10 members, to be ap- other department or agency of the Federal ‘‘December 31, 2018’’ and inserting ‘‘Decem- pointed by the Secretary, at least 1 member Government to issue new regulations. ber 31, 2028’’. of which shall represent each of the fol- (h) AUTHORIZATION OF APPROPRIATIONS.— SEC. 742. SECURING ENERGY INFRASTRUCTURE. lowing: (1) PILOT PROGRAM.—There is authorized to (a) DEFINITIONS.—In this section: (A) The Department of Energy. be appropriated $10,000,000 to carry out sub- (1) APPROPRIATE CONGRESSIONAL COMMIT- (B) The energy industry, including electric section (b). TEES.—The term ‘‘appropriate congressional utilities and manufacturers recommended by (2) WORKING GROUP AND REPORT.—There is committees’’ means— the Energy Sector coordinating councils. authorized to be appropriated $1,500,000 to (A) the congressional intelligence commit- (C)(i) The Department of Homeland Secu- carry out subsections (c) and (d). tees; rity; or (3) AVAILABILITY.—Amounts made avail- (B) the Committee on Homeland Security (ii) the Industrial Control Systems Cyber able under paragraphs (1) and (2) shall re- and Governmental Affairs and the Com- Emergency Response Team. main available until expended.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3749 SEC. 743. BUG BOUNTY PROGRAMS. the Secretary of Defense shall commence ment civilian employees receiving instruc- (a) DEFINITIONS.—In this section: carrying out a pilot program to assess the tion at the university. (1) APPROPRIATE COMMITTEES OF CON- feasability and advisability of permitting el- (7) USE OF FUNDS.— GRESS.—The term ‘‘appropriate committees igible private sector employees who work in (A) IN GENERAL.—Amounts received by the of Congress’’ means— organizations relevant to national security National Intelligence University for instruc- (A) the congressional intelligence commit- to receive instruction at the National Intel- tion of students enrolled under the pilot pro- tees; ligence University. gram shall be retained by the university to (B) the Committee on Armed Services and (B) DURATION.—The Secretary shall carry defray the costs of such instruction. the Committee on Homeland Security and out the pilot program during the 3-year pe- (B) RECORDS.—The source, and the disposi- Governmental Affairs of the Senate; and riod beginning on the date of the commence- tion, of such funds shall be specifically iden- (C) the Committee on Armed Services and ment of the pilot program. tified in records of the university. the Committee on Homeland Security of the (C) EXISTING PROGRAM.—The Secretary (8) REPORTS.— House of Representatives. shall carry out the pilot program in a man- (A) ANNUAL REPORTS.—Each academic year (2) BUG BOUNTY PROGRAM.—The term ‘‘bug ner that is consistent with section 2167 of in which the pilot program is carried out, bounty program’’ means a program under title 10, United States Code. the Secretary shall submit to the congres- which an approved computer security spe- (D) NUMBER OF PARTICIPANTS.—No more sional intelligence committees, the Com- cialist or security researcher is temporarily than the equivalent of 35 full-time student mittee on Armed Services of the Senate, and authorized to identify and report positions may be filled at any one time by the Committee on Armed Services of the vulnerabilities within the information sys- private sector employees enrolled under the House of Representatives a report on the tem of an agency or department of the number of eligible private sector employees United States in exchange for compensation. pilot program. (E) DIPLOMAS AND DEGREES.—Upon success- participating in the pilot program. (3) INFORMATION SYSTEM.—The term ‘‘infor- ful completion of the course of instruction in (B) FINAL REPORT.—Not later than 90 days mation system’’ has the meaning given that after the date of the conclusion of the pilot term in section 3502 of title 44, United States which enrolled, any such private sector employee may be awarded an appropriate di- program, the Secretary shall submit to the Code. congressional intelligence committees, the (b) BUG BOUNTY PROGRAM PLAN.— ploma or degree under section 2161 of title 10, Committee on Armed Services of the Senate, (1) REQUIREMENT.—Not later than 180 days United States Code. and the Committee on Armed Services of the after the date of the enactment of this Act, (2) ELIGIBLE PRIVATE SECTOR EMPLOYEES.— House of Representatives a report on the the Secretary of Homeland Security, in con- (A) IN GENERAL.—For purposes of this sub- findings of the Secretary with respect to the sultation with the Secretary of Defense, section, an eligible private sector employee pilot program. Such report shall include— shall submit to appropriate committees of is an individual employed by a private firm Congress a strategic plan for appropriate that is engaged in providing to the Depart- (i) the findings of the Secretary with re- agencies and departments of the United ment of Defense, the intelligence commu- spect to the feasability and advisability of States to implement bug bounty programs. nity, or other Government departments or permitting eligible private sector employees who work in organizations relevant to na- (2) CONTENTS.—The plan required by para- agencies significant and substantial intel- graph (1) shall include— ligence or defense-related systems, products, tional security to receive instruction at the (A) an assessment of— or services or whose work product is relevant National Intelligence University; and (i) the ‘‘Hack the Pentagon’’ pilot program to national security policy or strategy. (ii) a recommendation as to whether the carried out by the Department of Defense in (B) LIMITATION.—Under this subsection, a pilot program should be extended. 2016 and subsequent bug bounty programs in private sector employee admitted for in- SEC. 745. TECHNICAL AND CLERICAL AMEND- identifying and reporting vulnerabilities struction at the National Intelligence Uni- MENTS TO THE NATIONAL SECURITY within the information systems of the De- versity remains eligible for such instruction ACT OF 1947. partment of Defense; and only so long as that person remains em- (a) TABLE OF CONTENTS.—The table of con- (ii) private sector bug bounty programs, in- ployed by the same firm, holds appropriate tents at the beginning of the National Secu- cluding such programs implemented by lead- security clearances, and complies with any rity Act of 1947 (50 U.S.C. 3001 et seq.) is ing technology companies in the United other applicable security protocols. amended— States; and (3) ANNUAL CERTIFICATION BY SECRETARY OF (1) by inserting after the item relating to (B) recommendations on the feasibility of DEFENSE.—Under the pilot program, private section 2 the following new item: initiating bug bounty programs at appro- sector employees may receive instruction at ‘‘Sec. 3. Definitions.’’; priate agencies and departments of the the National Intelligence University during United States. any academic year only if, before the start of (2) by striking the item relating to section SEC. 744. MODIFICATION OF AUTHORITIES RE- that academic year, the Secretary of Defense 107; LATING TO THE NATIONAL INTEL- determines, and certifies to the Committee (3) by striking the item relating to section LIGENCE UNIVERSITY. on Armed Services of the Senate and the 113B and inserting the following new item: (a) CIVILIAN FACULTY MEMBERS; EMPLOY- Committee on Armed Services of the House ‘‘Sec. 113B. Special pay authority for MENT AND COMPENSATION.— of Representatives, that providing instruc- science, technology, engineer- (1) IN GENERAL.—Section 1595(c) of title 10, tion to private sector employees under this ing, or mathematics posi- United States Code, is amended by adding at section during that year will further the nations.’’; the end the following: tional security interests of the United (4) by striking the items relating to sec- ‘‘(5) The National Intelligence Univer- States. sity.’’. tions 202, 203, 204, 208, 209, 210, 211, 212, 213, (4) PILOT PROGRAM REQUIREMENTS.—The and 214; and (2) COMPENSATION PLAN.—The Secretary of Secretary of Defense shall ensure that— Defense shall provide each person employed (5) by inserting after the item relating to (A) the curriculum in which private sector section 311 the following new item: as a full-time professor, instructor, or lec- employees may be enrolled under the pilot turer at the National Intelligence University program is not readily available through ‘‘Sec. 312. Repealing and saving provisions.’’. on the date of the enactment of this Act an other schools and concentrates on national (b) OTHER TECHNICAL CORRECTIONS.—Such opportunity to elect to be paid under the security-relevant issues; and Act is further amended— compensation plan in effect on the day be- (B) the course offerings at the National In- (1) in section 102A— fore the date of the enactment of this Act telligence University are determined by the (A) in subparagraph (G) of paragraph (1) of (with no reduction in pay) or under the au- needs of the Department of Defense and the subsection (g), by moving the margins of thority of section 1595 of title 10, United intelligence community. such subparagraph 2 ems to the left; and States Code, as amended by paragraph (1). (5) TUITION.—The President of the National (B) in paragraph (3) of subsection (v), by (b) ACCEPTANCE OF FACULTY RESEARCH Intelligence University shall charge students moving the margins of such paragraph 2 ems GRANTS.—Section 2161 of such title is amended by adding at the end the following: enrolled under the pilot program a rate to the left; ‘‘(d) ACCEPTANCE OF FACULTY RESEARCH that— (2) in section 106— GRANTS.—The Secretary of Defense may au- (A) is at least the rate charged for employ- (A) by inserting ‘‘SEC. 106’’ before ‘‘(a)’’; and thorize the President of the National Intel- ees of the United States outside the Depart- (B) in subparagraph (I) of paragraph (2) of ligence University to accept qualifying re- ment of Defense, less infrastructure costs; subsection (b), by moving the margins of search grants in the same manner and to the and such subparagraph 2 ems to the left; same degree as the President of the National (B) considers the value to the school and (3) by striking section 107; Defense University under section 2165(e) of course of the private sector student. (4) in section 108(c), by striking ‘‘in both a this title.’’. (6) STANDARDS OF CONDUCT.—While receiv- classified and an unclassified form’’ and in- (c) PILOT PROGRAM ON ADMISSION OF PRI- ing instruction at the National Intelligence serting ‘‘to Congress in classified form, but VATE SECTOR CIVILIANS TO RECEIVE INSTRUC- University, students enrolled under the pilot may include an unclassified summary’’; TION.— program, to the extent practicable, are sub- (5) in section 112(c)(1), by striking ‘‘section (1) PILOT PROGRAM REQUIRED.— ject to the same regulations governing aca- 103(c)(7)’’ and inserting ‘‘section 102A(i)’’; (A) IN GENERAL.—Not later than 180 days demic performance, attendance, norms of be- (6) by amending section 201 to read as fol- after the date of the enactment of this Act, havior, and enrollment as apply to Govern- lows:

VerDate Sep 11 2014 05:33 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 S3750 CONGRESSIONAL RECORD — SENATE June 18, 2019 ‘‘SEC. 201. DEPARTMENT OF DEFENSE. (4) INDIVIDUAL IN THE EXECUTIVE BRANCH.— partment of Energy, to prescribe mili- ‘‘Except to the extent inconsistent with The term ‘‘individual in the executive tary personnel strengths for such fiscal the provisions of this Act or other provisions branch’’ means any officer or employee of year, and for other purposes; which was of law, the provisions of title 5, United the executive branch, including individuals— ordered to lie on the table; as follows: States Code, shall be applicable to the De- (A) occupying a position specified in arti- partment of Defense.’’; cle II of the Constitution; In section 1023, strike ‘‘for Fiscal Year (7) in section 205, by redesignating sub- (B) appointed to a position by an indi- 2018’’ and insert ‘‘for Fiscal Year 2019’’. sections (b) and (c) as subsections (a) and (b), vidual described in subparagraph (A); or SA 716. Mr. HAWLEY submitted an respectively; (C) serving in the civil service or the Sen- (8) in section 206, by striking ‘‘(a)’’; ior Executive Service (or similar service for amendment intended to be proposed by (9) in section 207, by striking ‘‘(c)’’; senior executives of particular departments him to the bill S. 1790, to authorize ap- (10) in section 308(a), by striking ‘‘this or agencies). propriations for fiscal year 2020 for Act’’ and inserting ‘‘sections 2, 101, 102, 103, (b) FINDINGS.—Congress finds that section military activities of the Department and 303 of this Act’’; 502 of the National Security Act of 1947 (50 of Defense, for military construction, (11) by redesignating section 411 as section U.S.C. 3092) requires elements of the intel- and for defense activities of the De- 312; ligence community to keep the congres- partment of Energy, to prescribe mili- (12) in section 503— sional intelligence committees ‘‘fully and tary personnel strengths for such fiscal (A) in paragraph (5) of subsection (c)— currently informed’’ about all ‘‘intelligence (i) by moving the margins of such para- activities’’ of the United States, and to ‘‘fur- year, and for other purposes; which was graph 2 ems to the left; and nish to the congressional intelligence com- ordered to lie on the table; as follows: (ii) by moving the margins of subparagraph mittees any information or material con- At the end of division C, add the fol- (B) of such paragraph 2 ems to the left; and cerning intelligence activities * * * which is lowing: (B) in paragraph (2) of subsection (d), by requested by either of the congressional in- TITLE XXXVI—PROTECT OUR moving the margins of such paragraph 2 ems telligence committees in order to carry out UNIVERSITIES to the left; and its authorized responsibilities.’’. SEC. 3601. SHORT TITLE. (13) in subparagraph (B) of paragraph (3) of (c) SENSE OF CONGRESS.—It is the sense of This title may be cited as the ‘‘Protect Our subsection (a) of section 504, by moving the Congress that— Universities Act of 2019’’. margins of such subparagraph 2 ems to the (1) section 502 of the National Security Act SEC. 3602. FINDINGS. right. of 1947 (50 U.S.C. 3092), together with other Congress finds the following: SEC. 746. TECHNICAL AMENDMENTS RELATED TO intelligence community authorities, obli- (1) The United States enjoys one of the THE DEPARTMENT OF ENERGY. gates an element of the intelligence commu- most vibrant and open education systems in (a) NATIONAL NUCLEAR SECURITY ADMINIS- nity to submit to the congressional intel- the world. The free flow of ideas has led to TRATION ACT.—Section 3233(b) of the Na- ligence committees written notification, by the development of innovative technologies tional Nuclear Security Administration Act not later than 7 days after becoming aware, and new modes of thinking. The openness of (50 U.S.C. 2423(b)) is amended— that an individual in the executive branch the system also puts it at risk. Adversaries (1) by striking ‘‘Administration’’ and in- has disclosed covered classified information of the United States take advantage of ac- serting ‘‘Department’’; and to an official of an adversary foreign govern- cess to federally funded sensitive research (2) by inserting ‘‘Intelligence and’’ after ment using methods other than established that takes place on the campuses of institu- ‘‘the Office of’’. intelligence channels; and tions of higher education. (b) ATOMIC ENERGY DEFENSE ACT.—Section (2) each such notification should include— (2) According to Alex Joske of the Aus- 4524(b)(2) of the Atomic Energy Defense Act (A) the date and place of the disclosure of (50 U.S.C. 2674(b)(2)) is amended by inserting tralian Strategic Policy Institute, there are classified information covered by the notifi- thousands of scientists with links to China’s ‘‘Intelligence and’’ after ‘‘The Director of’’. cation; (c) NATIONAL SECURITY ACT OF 1947.—Para- People’s Liberation Army who have traveled (B) a description of such classified infor- graph (2) of section 106(b) of the National Se- to American universities over the last sev- mation; curity Act of 1947 (50 U.S.C. 3041(b)(2)) is eral years. In his report, Joske described the (C) identification of the individual who amended— Chinese military’s tactic as ‘‘picking flowers made such disclosure and the individual to (1) in subparagraph (E), by inserting ‘‘and in foreign lands to make honey in China’’. whom such disclosure was made; and Counterintelligence’’ after ‘‘Office of Intel- (3) As stated in the January 2018 China’s (D) a summary of the circumstances of ligence’’; Technology Transfer Strategy report by the such disclosure. (2) by striking subparagraph (F); Defense Innovation Unit, ‘‘Academia is an (3) by redesignating subparagraphs (G), (H), SEC. 748. SENSE OF CONGRESS ON CONSIDER- opportune environment for learning about ATION OF ESPIONAGE ACTIVITIES and (I) as subparagraphs (F), (G), and (H), re- science and technology since the cultural WHEN CONSIDERING WHETHER OR values of U.S. educational institutions respectively; and NOT TO PROVIDE VISAS TO FOREIGN (4) in subparagraph (H), as so redesignated, INDIVIDUALS TO BE ACCREDITED flect an open and free exchange of ideas. As by realigning the margin of such subpara- TO A UNITED NATIONS MISSION IN a result, Chinese science and engineering graph 2 ems to the left. THE UNITED STATES. students frequently master technologies that SEC. 747. SENSE OF CONGRESS ON NOTIFICATION It is the sense of the Congress that the later become critical to key military sys- OF CERTAIN DISCLOSURES OF CLAS- Secretary of State, in considering whether or tems, amounting over time to unintentional SIFIED INFORMATION. not to provide a visa to a foreign individual violations of U.S. export control laws.’’. (a) DEFINITIONS.—In this section: to be accredited to a United Nations mission (4) In Federal Bureau of Investigation (1) ADVERSARY FOREIGN GOVERNMENT.—The in the United States, should consider— (FBI) Director Wray’s view, Chinese non- term ‘‘adversary foreign government’’ means (1) known and suspected intelligence ac- traditional intelligence collectors ‘‘are ex- the government of any of the following for- tivities, espionage activities, including ac- ploiting the very open research and develop- eign countries: tivities constituting precursors to espionage, ment environment that we have, which we (A) North Korea. carried out by the individual against the all revere. But they’re taking advantage of (B) Iran. United States, foreign allies of the United it, so one of the things we’re trying to do is (C) China. States, or foreign partners of the United view the China threat as not just the whole- (D) Russia. States; and of-government threat, but a whole-of-society (E) Cuba. (2) the status of an individual as a known threat on their end, and I think it’s going to (2) COVERED CLASSIFIED INFORMATION.—The or suspected intelligence officer for a foreign take a whole-of-society response by us.’’. term ‘‘covered classified information’’ means adversary. (5) Russia has also attempted to exploit classified information that was— SEC. 749. SENSE OF CONGRESS ON WIKILEAKS. the openness of our university system for in- (A) collected by an element of the intel- It is the sense of Congress that WikiLeaks telligence purposes. In 2012, for instance, the ligence community; or and the senior leadership of WikiLeaks re- Russian Foreign Intelligence Service (SVR) (B) provided by the intelligence service or semble a nonstate hostile intelligence serv- tasked an undercover officer at Columbia military of a foreign country to an element ice often abetted by state actors and should University with recruiting classmates or of the intelligence community. be treated as such a service by the United professors who might have access to sen- (3) ESTABLISHED INTELLIGENCE CHANNELS.— States. sitive information. The term ‘‘established intelligence chan- (6) Iran poses a similar threat. In 2012, nels’’ means methods to exchange intel- SA 715. Mr. HAWLEY submitted an President Barack Obama signed into law the ligence to coordinate foreign intelligence re- amendment intended to be proposed by Iran Threat Reduction and Syria Human lationships, as established pursuant to law him to the bill S. 1790, to authorize ap- Rights Act of 2012 (Public Law 112–158), by the Director of National Intelligence, the which prohibited issuance of a student visa Director of the Central Intelligence Agency, propriations for fiscal year 2020 for to any Iranian who wished to pursue the Director of the National Security Agen- military activities of the Department coursework in preparation for a career in the cy, or other head of an element of the intel- of Defense, for military construction, Iranian energy, nuclear science, or nuclear ligence community. and for defense activities of the De- engineering sectors, or related fields.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.066 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3751

(7) The United States recognizes the great (c) SENSITIVE RESEARCH TOPICS LIST.—The (B) each Task Force member agency value of appropriate openness and the secu- Task Force shall maintain a list of topics de- shall— rity need of striking a balance with asset termined sensitive by one or more Task (i) reinitiate the process detailed in para- protection. Force member agencies. Such list shall be graph (1); and (8) However, technology and information referred to as the ‘‘Sensitive Research Topics (ii) provide an update list of agency-funded that could be deemed sensitive to the na- List’’ and be populated and maintained in ac- sensitive research projects to the Office of tional security interests of the United States cordance with the following: the Director of National Intelligence. should be given increased scrutiny to deter- (1) Not later than 90 days after the date of (e) CONSULTATION WITH OIG.—The Task mine if access should be restricted in a re- enactment of this title, each Task Force Force shall periodically, but not less fre- search environment. member agency shall generate an initial list quently than annually, consult with the Of- (9) An open federally funded research envi- of research topics determined sensitive for fice of the Inspector General of the Depart- ronment exposes the United States to the national security reasons and submit such ment of Homeland Security, which shall in- possibility of exchanging research affiliated list to the Office of the Director of National clude annual reports to the Office of the In- with current or future critical military tech- Intelligence. spector General on the activities of the Task nological systems. (2) Each Task Force member agency shall Force, with an opportunity for the Office of (10) This title preserves the openness of update their respective list of sensitive re- the Inspector General to provide active feed- America’s higher education system, while search topics on a 6-month basis and submit back related to such activities. preventing adversaries from exploiting that changes to the Office of the Director of Na- (f) INSTRUCTION TO INSTITUTIONS OF HIGHER very system in furtherance of their own re- tional Intelligence. EDUCATION.—Not less frequently than annu- pressive agendas. (3) Task Force member agency inputs de- ally, the Task Force shall provide relevant SEC. 3603. TASK FORCE AND SENSITIVE RE- scribed in paragraphs (1) and (2) shall be instruction to institutions of higher edu- SEARCH PROJECT DESIGNATION. added to— cation at which research projects on the Sen- (a) TASK FORCE ESTABLISHED.—Not later (A) any item listed on the Commerce Con- sitive Research Projects List are being car- than one year after the date of enactment of trol List (CCL) maintained by the Depart- ried out. Such instruction shall provide the this title, the Secretary of Homeland Secu- ment of Commerce; and institutions of higher education with infor- rity, in consultation with the Secretary of (B) any item listed on the United States mation related to the threat posed by espio- State and the Director of National Intel- Munitions List maintained by the Depart- nage, best practices identified by the Task ligence, shall establish the National Secu- Force, and, to the extent possible, any spe- ment of State. rity Technology Task Force (hereinafter re- cific risks that the intelligence community, (4) Not later than 90 days after receipt of ferred to as the ‘‘Task Force’’) to address the the qualified funding agency, or law enforce- Task Force member agency inputs described threat of espionage, targeting research and ment entities determine appropriate to share in paragraphs (1) and (2), the Office of the Di- development at institutions of higher edu- with the institutions. rector of National Intelligence shall compile cation that is funded in part or whole by any (g) REPORT TO CONGRESS.—Not later than member agency of the Task Force. the inputs and issue the first Sensitive Re- one year after the date of enactment of this (b) MEMBERSHIP.— search Topics List to all Task Force member title, and every 6 months thereafter, the (1) DESIGNATION.— agencies. Thereafter, the Office of Directory Task Force shall provide a report to the (A) PARTICIPATION.—The Task Force shall of National Intelligence shall maintain an Committee on Homeland Security and Gov- include not more than 30 members as fol- updated list of the research topics based on ernmental Affairs, the Committee on Health, lows: Task Force member agency inputs and any Education, Labor, and Pensions, the Com- (i) At least 1 representative shall be from changes to the Commerce Control List and mittee on Armed Services, and the Select the Department of Homeland Security, des- the United States Munitions List, and ensure Committee on Intelligence of the Senate and ignated by the Secretary of Homeland Secu- an updated version of the Sensitive Research to the Committee on Homeland Security, the rity. Topic Lists is available to all of the Task Committee on Education and Labor, the (ii) The Secretary of Homeland Security Force member agencies. Committee on Armed Services, and the Per- shall coordinate with the following in order (d) SENSITIVE RESEARCH PROJECTS LIST.— manent Select Committee on Intelligence of to secure their participation on the Task The Task Force shall maintain a list of the House of Representatives, regarding the Force: projects funded by Task Force member agen- threat of espionage at institutions of higher (I) The Director of National Intelligence cies and addressing sensitive research topics. education. In each such briefing, the Task for at least 1 representative from the intel- Such list shall be referred to as the ‘‘Sen- Force shall identify actions that may be ligence community. sitive Research Projects List’’ and be popu- taken to reduce espionage carried out (II) The United States Attorney General lated and maintained in accordance with the through student participation in sensitive for at least 1 representative from the Depart- following: research projects. The Task Force shall also ment of Justice. (1) Not later than 90 days after the first include in this report an assessment of (III) The Director of the Federal Bureau of issuance of the Sensitive Research Topics whether the current licensing regulations re- Investigation for at least 1 representative List, each Task Force member agency shall lating to the International Traffic in Arms from the Federal Bureau of Investigation. identify any ongoing or scheduled projects Regulations and the Export Administration (IV) The Secretary of Energy for at least 1 that— Regulations are sufficient to protect the se- representative from the Department of En- (A) receive or are scheduled to receive curity of the projects listed on the Sensitive ergy. funding from said agency; Research Projects List. (V) The Secretary of Education for at least (B) involve personnel from an institution SEC. 3604. FOREIGN STUDENT PARTICIPATION IN 1 representative from each of the following of higher education; and SENSITIVE RESEARCH PROJECTS. offices of the Department of Education: (C) address one or more topics found on the (a) APPROVAL OF FOREIGN STUDENT PAR- (aa) The Office of Postsecondary Edu- Sensitive Research Topics List. TICIPATION REQUIRED.— cation. (2) The Task Force shall collect the fol- (1) IN GENERAL.—Beginning on the date (bb) The Office of the General Counsel. lowing information relevant to each project that is one year after the date of enactment (cc) Any other office the Secretary of identified in paragraph (1): of this title, for each project on the Sensitive Homeland Security determines to be appro- (A) The Task Force member agency that is Research Projects List that is open to stu- priate. funding the project. dent participation, the head of such project (VI) The Secretary of State for at least 1 (B) Which topic on the Sensitive Research at the institution of higher education at representative from the Department of Topics List is addressed by the project. which the project is being carried out shall— State. (C) Contact information for the principal (A) obtain proof of citizenship from any (VII) The Secretary of Defense for at least investigator on the project. student participating or expected to partici- 1 representative from the Department of De- (3) The Task Force shall submit the Sen- pate in such project before the student is fense. sitive Research Projects List, with the re- permitted to participate in such project; and (VIII) The Director of the National Insti- quired information, to the Office of the Di- (B) for any student who is a citizen of a tutes of Health for at least 1 representative rector of National Intelligence, who shall country identified in subsection (b), submit from the National Institutes of Health. maintain the Sensitive Research Projects the required information, to be defined in co- (IX) The Director of the Office of Science List ordination with the office designated by the and Technology Policy. (4) The Sensitive Research Projects List Task Force to perform the background (B) EQUAL REPRESENTATION.—Each agency shall be updated in response to any changes screening, to their grantmaking agency, who represented on the Task Force shall main- to the Sensitive Research Topics List, and— shall transmit that information in a stand- tain equal representation with the other (A) the Office of the Director of National ardized format, to be stipulated in coordina- agencies on the Task Force. Intelligence shall issue notification to all tion with the office designated by the Task (2) MEMBERSHIP LIST.—Not later than 10 Task Force member agencies of any changes Force to perform the background screening, days after the first meeting of the Task to the Sensitive Research Topics List result- to the office designated by the Task Force to Force, the Task Force shall submit to Con- ing from updated inputs from Task Force perform the background screening. gress a list identifying each member agency member agencies or the Commerce Control (2) BACKGROUND SCREENING.—An office des- of the Task Force. Lists or United States Munitions List; and ignated by the Task Force shall perform a

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background screening of a student described failed to meet the requirements of either (b) SPECIFIED ENTITIES.—The entities speci- in paragraph (1) and approve or deny the stu- section 3604 or section 3605, the Secretary of fied in this subsection are the following: dent’s participation in the relevant project Homeland Security may determine the ap- (1) The military departments. within 90 days of initial receipt of the infor- propriate enforcement action, including— (2) The Defense Security Cooperation mation described in paragraph (1)(B), and— (1) imposing a probationary period, not to Agency. (A) the scope of any such screening shall be exceed 6 months, on the head of such project, (3) The combatant commands. determined by the designated office in con- or on the project; (c) INAPPLICABILITY TO GENERAL AND FLAG sultation with the Task Force, with ref- (2) reducing or otherwise limiting the fund- OFFICERS.—Subsection (a) shall not apply erence to the specific project and the re- ing for such project until the violation has with respect to any general or flag officer as- quirements of the grantmaking agency; been remedied; signed as described in that subsection. (B) the Secretary of Homeland Security, as (3) permanently cancelling the funding for head of the Task Force, shall retain author- such project; or SA 718. Mr. THUNE submitted an ity to delay approval or denial of a student’s (4) any other action the head of the quali- amendment intended to be proposed by participation in a sensitive research project fied funding agency determines to be appro- him to the bill S. 1790, to authorize ap- in 30-day increments, as needed in coordina- priate. propriations for fiscal year 2020 for tion with Task Force member agencies; and SEC. 3607. DEFINITIONS. military activities of the Department In this title: (C) institutions of higher education shall of Defense, for military construction, maintain the right to petition findings and (1) CITIZEN OF A COUNTRY.—The term ‘‘cit- contest the outcome of a screening. izen of a country,’’ with respect to a student, and for defense activities of the De- (b) LIST OF CITIZENSHIP REQUIRING AP- includes all countries in which the student partment of Energy, to prescribe mili- PROVAL.—Approval under subsection (a) shall has held or holds citizenship or holds perma- tary personnel strengths for such fiscal be required for any student who is a citizen nent residency. year, and for other purposes; which was of a country that is one of the following: (2) INSTITUTION OF HIGHER EDUCATION.—The ordered to lie on the table; as follows: (1) The People’s Republic of China. term ‘‘institution of higher education’’ At the end of subtitle E of title X, add the (2) The Russian Federation. means an institution described in section 102 following: (3) The Islamic Republic of Iran. of the Higher Education Act of 1965 (20 U.S.C. 1002) that receives Federal funds in any SEC. 1045. TRANSFER OF EXCESS AIR FORCE MQ– SEC. 3605. FOREIGN ENTITIES. 1 PREDATOR REMOTELY PILOTED (a) LIST OF FOREIGN ENTITIES THAT POSE AN amount and for any purpose. AIRCRAFT AND RELATED EQUIP- INTELLIGENCE THREAT.—Not later than one (3) INTELLIGENCE COMMUNITY.—The term MENT TO DEPARTMENT OF HOME- year after the date of the enactment of this ‘‘intelligence community’’ has the meaning LAND SECURITY FOR U.S. CUSTOMS title, the Secretary of Homeland Security given that term in section 3 of the National AND BORDER PATROL PURPOSES. shall coordinate with the Director of Na- Security Act of 1947 (50 U.S.C. 3003). (a) OFFER OF FIRST REFUSAL OUTSIDE tional Intelligence to identify foreign enti- (4) QUALIFIED FUNDING AGENCY.—The term DOD.— ties, including governments, corporations, ‘‘qualified funding agency’’, with respect to a (1) IN GENERAL.—Upon a determination nonprofit and for-profit organizations, and sensitive research project, means— that aircraft or equipment specified in sub- any subsidiary or affiliate of such an entity, (A) the Department of Defense, if the sen- section (b) is also excess to the requirements that the Director determines pose a threat of sitive research project is funded in whole or of all components of the Department of De- espionage with respect to sensitive research in part by the Department of Defense; fense, the Secretary of the Air Force shall projects, and shall develop and maintain a (B) the Department of Energy, if the sen- offer to the Secretary of Homeland Security list of such entities. The Director may add or sitive research project is funded in whole or to transfer such aircraft or equipment to the remove entities from such list at any time. in part by the Department of Energy; or Secretary of Homeland Security for use by The initial list developed by the Director (C) an element of the intelligence commu- U.S. Customs and Border Patrol. shall include the following entities (includ- nity, if the sensitive research project is fund- (2) TIMING OF OFFER.—Any offer under this ing any subsidiary or affiliate): ed in whole or in part by the element of the subsection for aircraft or equipment shall be (1) Huawei Technologies Company. intelligence community. made before such aircraft or equipment is (2) ZTE Corporation. (5) SENSITIVE RESEARCH PROJECT.—The otherwise disposed of outside the Depart- (3) Hytera Communications Corporation. term ‘‘sensitive research project’’ means a ment of Defense. (4) Hangzhou Hikvision Digital Technology research project at an institution of higher (b) AIRCRAFT AND EQUIPMENT.—The aircraft Company. education that is funded by a Task Force and equipment specified in this subsection is (5) Dahua Technology Company. member agency, except that such term shall the following: (6) Kaspersky Lab. not include any research project that is clas- (1) Retired MQ–1 Predator remotely piloted (7) Any entity that is owned or controlled sified or that requires the participants in aircraft of the Air Force that are excess to by, or otherwise has demonstrated financial such project to obtain a security clearance. Department of the Air Force requirements. ties to, the government of a country identi- (6) STUDENT PARTICIPATION.—The term (2) Initial spare MQ–1 Predator remotely fied under section 3604(b). ‘‘student participation’’ means any student pilot aircraft of the Air Force that are excess (b) NOTICE TO INSTITUTIONS OF HIGHER EDU- activity of a student with access to sensitive to such requirements. CATION.—The Secretary of Homeland Secu- research project-specific information for any (3) Ground support equipment of the Air rity shall make the initial list required reason. Force for MQ–1 Predator remotely piloted under subsection (a) in coordination with the aircraft that is excess to such requirements. Director of National Intelligence, and any SA 717. Mr. THUNE submitted an (c) TRANSFER.—If the Secretary of Home- changes to such list, available to the Task amendment intended to be proposed by land Security accepts an offer under sub- Force and the head of each qualified funding him to the bill S. 1790, to authorize ap- section (a), the Secretary of the Air Force agency as soon as practicable. The Secretary propriations for fiscal year 2020 for shall transfer the aircraft or equipment con- of Homeland Security shall provide such ini- military activities of the Department cerned to the Secretary of Homeland Secu- tial list and subsequent amendments to each of Defense, for military construction, rity. The cost of any aircraft or equipment so transferred, and the cost of transfer, shall institution of higher education at which a and for defense activities of the De- project on the Sensitive Research Projects be borne by the Secretary of Homeland Secu- partment of Energy, to prescribe mili- rity. List is being carried out. tary personnel strengths for such fiscal (c) PROHIBITION ON USE OF CERTAIN TECH- (d) DEMILITARIZATION.—Any aircraft or NOLOGIES.—Beginning on the date that is one year, and for other purposes; which was equipment transferred under this section year after the date of the enactment of this ordered to lie on the table; as follows: shall be demilitarized before transfer. The title, the head of each sensitive research At the end of subtitle A of title IV, add the cost of demilitarization shall be borne by the project shall, as a condition of receipt of following: Secretary of the Air Force. funds from the Department of Homeland Se- SEC. 402. EXCLUSION FROM ACTIVE-DUTY PER- (e) USE OF TRANSFERRED AIRCRAFT AND curity, certify to the Secretary of Homeland SONNEL END STRENGTH LIMITA- EQUIPMENT.—Any aircraft or equipment Security, beginning on the date that is 2 TIONS OF CERTAIN MILITARY PER- transferred to the Secretary of Homeland Se- years after the date of the enactment of this SONNEL ASSIGNED FOR DUTY IN curity pursuant to this section shall be used CONNECTION WITH THE FOREIGN title, any technology developed by an entity by the Commissioner of U.S. Customs and MILITARY SALES PROGRAM. Border Patrol for border security, enforce- included on the list maintained under sub- (a) EXCLUSION.—Except as provided in subsection (a) shall not be utilized in carrying ment of the immigration laws, and related section (c), members of the Armed Forces on purposes. out the sensitive research project. active duty who are assigned to an entity SEC. 3606. ENFORCEMENT. specified in subsection (b) for duty in con- SA 719. Mr. HAWLEY submitted an The Secretary of Homeland Security shall nection with the Foreign Military Sales take such steps as may be necessary to en- (FMS) program shall not count toward any amendment intended to be proposed by force the provisions of sections 3604 and 3605 end strength limitation for active-duty per- him to the bill S. 1790, to authorize ap- of this title. Upon determination that the sonnel otherwise applicable to members of propriations for fiscal year 2020 for head of a sensitive research project has the Armed Forces on active duty. military activities of the Department

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.079 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3753 of Defense, for military construction, nizations inside Afghanistan, excluding this Act for fiscal year 2020 for operation and and for defense activities of the De- members of the military assigned to support maintenance for the Office of the Secretary partment of Energy, to prescribe mili- United States embassies or consulates, or in- of the Air Force and for operation and main- tary personnel strengths for such fiscal telligence operations authorized by Con- tenance for the Office of the Secretary of the gress; and Navy, not more than 50 percent may be obli- year, and for other purposes; which was (B) appear before the relevant congres- gated or expended until the date that is 15 ordered to lie on the table; as follows: sional committees to explain the proposed days after the date on which the Chief of In section 1233, strike ‘‘Subsection (a)’’ and implementation of the plan formulated Staff of the Air Force and the Chief of Naval insert ‘‘Section 1232(a)’’. under subparagraph (A); and Operations, respectively,’’. (2)(A) formulate a framework for political On page 58, beginning on line 5, strike ‘‘au- SA 720. Mr. PAUL (for himself and reconciliation and popular democratic elec- thorized to be appropriated’’ and all that fol- Mr. UDALL) submitted an amendment tions independent of United States involve- lows through ‘‘enduring capability’’ and in- intended to be proposed by him to the ment in Afghanistan, which may be used by sert ‘‘authorized to be appropriated by this bill S. 1790, to authorize appropriations the Government of Afghanistan to ensure Act for fiscal year 2020 for the Army may be obligated or expended for research, develop- for fiscal year 2020 for military activi- that any political party that meets the requirements under Article 35 of the Constitu- ment, test, and evaluation for the Indirect ties of the Department of Defense, for tion of Afghanistan is permitted to partici- Fire Protection Capability Increment 2 en- military construction, and for defense pate in general elections; and during capability, and the Department may activities of the Department of Energy, (B) appear before the relevant congres- not otherwise engaged in research, develop- to prescribe military personnel sional committees to explain the proposed ment, test, and evaluation on such capa- strengths for such fiscal year, and for implementation of the framework formu- bility,’’. other purposes; which was ordered to lated under subparagraph (A). On page 138, line 3, strike ‘‘or otherwise lie on the table; as follows: (b) REMOVAL AND BONUSES.—Not later than made available’’. one year after the date of the enactment of On page 539, line 19, strike ‘‘or otherwise At the end of title XV, add the following: this Act— made available’’. Subtitle C—Withdrawal of Armed Forces (1) all United States Armed Forces in Af- On page 543, line 24, strike ‘‘or otherwise From Afghanistan ghanistan as of such date of enactment shall made available’’ and insert ‘‘for fiscal year SEC. 1531. FINDINGS. be withdrawn and removed from Afghani- 2020’’. Congress makes the following findings: stan; and On page 704, strike line 24 and all that fol- (1) The Joint Resolution to authorize the (2) the Secretary of Defense shall provide lows through page 705, line 8, and insert the use of United States Armed Forces against all members of the United States Armed following: (a) PROHIBITION.—Except as provided in those responsible for the attacks launched Forces who were deployed in support of the subsection (b), none of the funds authorized against the United States (Public Law 107– Global War on Terror with a $2,500 bonus to to be appropriated by this Act for fiscal year 40) states, ‘‘That the President is authorized recognize that these Americans have served 2020 for the Department of Defense may be to use all necessary and appropriate force in the Global War On Terrorism exclusively obligated or expended for the following, and against those nations, organizations, or per- on a volunteer basis and to demonstrate the the Department may not otherwise take any sons he determines planned, authorized, heartfelt gratitude of our Nation. action to do the following: committed, or aided the terrorist attacks (c) REPEAL OF AUTHORIZATION FOR USE OF (1) Reduce, or prepare to reduce, the re- that occurred on September 11, 2001’’. MILITARY FORCE.—The Authorization for Use sponsiveness or alert level of the interconti- (2) Since 2001, more than 3,002,635 men and of Military Force (Public Law 107–40) is re- nental ballistic missiles of the United women of the United States Armed Forces pealed effective on the earlier of— States. have deployed in support of the Global War (1) the date that is 395 days after the date (2) Reduce, or prepare to reduce, the quan- on Terrorism, with more than 1,400,000 of of the enactment of this joint resolution: or tity of deployed intercontinental ballistic them deploying more than once, and these (2) the date on which the Secretary of De- missiles of the United States to a number Americans who volunteered in a time of war fense certifies that all United States Armed less than 400. have served their country honorably and Forces involved in operations or military ac- On page 773, beginning on line 8, strike with distinction. tions in Afghanistan (as described in sub- ‘‘authorized to be appropriated’’ and all that (3) In November 2009 there were fewer than section (a)(1)(A)) have departed from Afghan- follows through ‘‘theater’’ on line 13 and in- 100 Al-Qaeda members remaining in Afghani- istan. sert ‘‘authorized to be appropriated by this stan. Act for fiscal year 2020 for the Department of (4) On May 2, 2011, Osama Bin Laden, the SA 721. Mr. INHOFE (for himself and Defense may be obligated or expended to im- founder of Al-Qaeda, was killed by United Mr. REED) submitted an amendment in- plement any activity that reduces air base States Armed Forces in Pakistan. tended to be proposed by him to the resiliency or demolishes protected aircraft (5) United States Armed Forces have suc- bill S. 1790, to authorize appropriations shelters in the European theater, and the De- cessfully routed Al-Qaeda from the battle- for fiscal year 2020 for military activi- partment may not otherwise implement any field in Afghanistan, thus fulfilling the origi- ties of the Department of Defense, for such activity,’’. nal intent of Public Law 107–40 and the jus- military construction, and for defense On page 773, beginning on line 21, strike tification for the invasion of Afghanistan, activities of the Department of Energy, ‘‘authorized to be appropriated’’ and all that but public support for United States contin- follows through ‘‘air base’’ and insert ‘‘au- ued presence in Afghanistan has waned in re- to prescribe military personnel thorized to be appropriated by this Act for cent years. strengths for such fiscal year, and for fiscal year 2020 for the Department of De- (6) An October 2018 poll found that 57 per- other purposes; which was ordered to fense may be obligated or expended to imple- cent of Americans, including 69 percent of lie on the table; as follows: ment any activity that closes or returns to United States veterans, believe that all On page 36, beginning on line 15, strike the host nation any existing air base, and United States troops should be removed from ‘‘amounts authorized to be appropriated’’ the Department may not otherwise imple- Afghanistan. and all that follows through ‘‘acquisition ment any such activity,’’. (7) In June 2018, the Department of Defense strategy’’ and insert ‘‘funds authorized to be reported, ‘‘The al-Qa’ida threat to the United appropriated by this Act for fiscal year 2020 SA 722. Mr. WARNER submitted an States and its allies and partners has de- for the Department of Defense may be used amendment intended to be proposed by creased and the few remaining al-Qa’ida core to exceed, and the Department may not oth- members are focused on their own survival’’. erwise exceed, the total procurement quan- him to the bill S. 1790, to authorize ap- SEC. 1532. WITHDRAWAL OF UNITED STATES tity of thirty-five Littoral Combat Ships,’’. propriations for fiscal year 2020 for ARMED FORCES FROM AFGHANI- On page 49, beginning on line 14, strike military activities of the Department STAN. ‘‘authorized to be appropriated’’ and all that of Defense, for military construction, (a) PLAN REQUIRED.—Not later than 45 days follows through ‘‘program of record’’ and in- and for defense activities of the De- after the date of the enactment of this Act, sert ‘‘authorized to be appropriated by this partment of Energy, to prescribe mili- the Secretary of Defense, or designee, in co- Act for fiscal year 2020 for the Department of tary personnel strengths for such fiscal operation with the heads of all other rel- Defense may be used for the procurement of year, and for other purposes; which was evant Federal agencies involved in the con- a current or future Department of Defense flict in Afghanistan shall— communications program of record, and the ordered to lie on the table; as follows: (1)(A) formulate a plan for the orderly Department may not otherwise procure a At the end of subtitle H of title X, insert drawdown and withdrawal of all soldiers, current or future communications program the following: sailors, airmen, and Marines from Afghani- of record,’’. SEC. l. FOREIGN INFLUENCE REPORTING IN stan who were involved in operations in- On page 54, beginning on line 6, strike ‘‘au- ELECTIONS. tended to provide security to the people of thorized to be appropriated’’ and all that fol- (a) FEDERAL CAMPAIGN REPORTING OF FOR- Afghanistan, including policing action, or lows through ‘‘Chief of Naval Operations’’ EIGN CONTACTS.—Section 304 of the Federal military actions against paramilitary orga- and insert ‘‘authorized to be appropriated by Election Campaign Act of 1971 (52 U.S.C.

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30104) is amended by adding at the end the ‘‘(C) CERTIFICATION.—Upon designation of a clauses in applicable solicitations and con- following new subsection: political committee as an authorized com- tracts; and ‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN mittee by a candidate for the office of Presi- (B) the requirements of the Buy American CONTACTS.— dent, and with each report filed by such com- Act, such as inclusion of clauses, into the ‘‘(1) COMMITTEE OBLIGATION.—Not later mittee under section 304(a), the candidate electronic contract writing systems used by than 1 week after a reportable foreign con- shall certify that— the military departments and the Defense tact, each authorized committee of a can- ‘‘(i) the committee has in place policies Logistics Agency. didate for the office of President shall notify that meets the requirements of subparagraph (b) BERRY AMENDMENT AND SPECIALTY MET- the Federal Bureau of Investigation and the (A) and (B); ALS CLAUSE GUIDANCE.— Commission of the reportable foreign con- ‘‘(ii) the committee has designated an offi- (1) IN GENERAL.—Not later than 30 days tact and provide a summary of the cir- cial to monitor compliance with such poli- after the date of the enactment of this Act, cumstances with respect to such reportable cies; and the Director of Defense Pricing/Defense Pro- foreign contact. ‘‘(iii) not later than 1 week after the begin- curement Acquisition Policy shall issue ‘‘(2) INDIVIDUAL OBLIGATION.—Not later ning of any formal or informal affiliation guidance to Department of Defense con- than 1 week after a reportable foreign con- with the committee, all officials, employees, tracting officials on requirements related to tact— and agents of such committee will— section 2533a of title 10, United States Code ‘‘(A) each candidate for the office of Presi- ‘‘(I) receive notice of such policies; and (commonly referred to as the ‘‘Berry Amend- dent shall notify the treasurer or other des- ‘‘(II) be informed of the prohibitions under ment’’), and section 2533b of title 10, United ignated official of the principal campaign section 319; and States Code (commonly referred to as the committee of such candidate of the report- ‘‘(III) sign a certification affirming their ‘‘specialty metals clause’’). able foreign contact and provide a summary understanding of such policies and prohibi- (2) ELEMENTS.—The guidance issued under of the circumstances with respect to such re- tions.’’. paragraph (1) shall cover— (c) CRIMINAL PENALTIES.—Section 309(d)(1) portable foreign contact; and (A) the requirement to incorporate and en- of the Federal Election Campaign Act of 1971 ‘‘(B) each official, employee, or agent of an force the Berry Amendment and the spe- (52 U.S.C. 30109(d)(1)) is amended by adding authorized committee of a candidate for the cialty metals clause provisions and clauses at the end the following new subparagraphs: in applicable solicitations and contracts; and office of President shall notify the treasurer ‘‘(E) Any person who knowingly and will- or other designated official of the authorized (B) the requirements of the Berry Amend- fully commits a violation of section 304(j) or ment and the specialty metals clause, such committee of the reportable foreign contact section 302(e)(6) shall be fined not more than and provide a summary of the circumstances as inclusion of clauses, into the electronic $500,000, imprisoned not more than 5 years, contract writing systems used by the mili- with respect to such reportable foreign con- or both. tact. tary departments and the Defense Logistics ‘‘(F) Any person who knowingly or will- Agency. ‘‘(3) REPORTABLE FOREIGN CONTACT.—In this fully conceals or destroys any materials re- subsection: lating to a reportable foreign contact (as de- SA 724. Mr. UDALL (for himself and ‘‘(A) IN GENERAL.—The term ‘reportable fined in section 304(j)) shall be fined not foreign contact’ means any direct or indirect Mr. CRAPO) submitted an amendment more than $1,000,000, imprisoned not more intended to be proposed by him to the contact or communication that— than 5 years, or both.’’. ‘‘(i) is between— (d) RULE OF CONSTRUCTION.—Nothing in bill S. 1790, to authorize appropriations ‘‘(I) a candidate for the office of President, this section or the amendments made by this for fiscal year 2020 for military activi- an authorized committee of such a can- section shall be construed— ties of the Department of Defense, for didate, or any official, employee, or agent of (1) to impede legitimate journalistic ac- military construction, and for defense such authorized committee; and tivities; or activities of the Department of Energy, ‘‘(II) a foreign national (as defined in sec- (2) to impose any additional limitation on tion 319(b)) or a person that the person de- to prescribe military personnel the right of any individual who is not a cit- strengths for such fiscal year, and for scribed in subclause (I) believes to be a for- izen of the United States or a national of the eign national; and United States (as defined in section 101(a)(22) other purposes; which was ordered to ‘‘(ii) the person described in clause (i)(I) of the Immigration and Nationality Act) and lie on the table; as follows: knows, has reason to know, or reasonably be- who is not lawfully admitted for permanent At the appropriate place in title XXXI, in- lieves involves— residence, as defined by section 101(a)(20) of sert the following: ‘‘(I) a contribution, donation, expenditure, the Immigration and Nationality Act (8 SEC. ll. REPORT REGARDING GOVERNMENT disbursement, or solicitation described in U.S.C. 1101(a)(20)) to express political views NUCLEAR TESTING AND COMPENSA- section 319; or or to participate in public discourse. TION FOR RADIATION EXPOSURE. ‘‘(II) coordination or collaboration with, an By not later than 90 days after the date of offer or provision of information or services SA 723. Ms. STABENOW (for herself enactment of this Act, the Attorney General, to or from, or persistent and repeated con- and Ms. COLLINS) submitted an amend- in consultation with the heads of appropriate tact with a government of a foreign country ment intended to be proposed by her to Federal agencies, shall prepare and submit a or an agent thereof. the bill S. 1790, to authorize appropria- report to the Committee on Armed Services and the Committee on the Judiciary of the ‘‘(B) EXCEPTION.—Such term shall not in- tions for fiscal year 2020 for military clude any contact or communication with a Senate, and the Committee on Armed Serv- foreign government or an agent of a foreign activities of the Department of De- ices and the Committee on the Judiciary of principal by an elected official or an em- fense, for military construction, and the House of Representatives, that— ployee of an elected official solely in an offi- for defense activities of the Depart- (1) assesses the extent to which individuals cial capacity as such an official or em- ment of Energy, to prescribe military affected by Federal Government nuclear ployee.’’. personnel strengths for such fiscal testing are prevented from receiving com- (b) FEDERAL CAMPAIGN FOREIGN CONTACT year, and for other purposes; which was pensation under the Radiation Exposure REPORTING COMPLIANCE SYSTEM.—Section ordered to lie on the table; as follows: Compensation Act (42 U.S.C. 2210 note); and (2) describes the different groups, including 302(e) of the Federal Election Campaign Act At the end of subtitle A of title VIII, add an estimate of the number of people in each of 1971 (52 U.S.C. 30102(e)) is amended by add- the following: group, who are affected by Federal Govern- ing at the end the following new paragraph: SEC. 811. GUIDANCE ON BUY AMERICAN ACT AND ‘‘(6) REPORTABLE FOREIGN CONTACTS COM- BERRY AMENDMENT REQUIRE- ment nuclear testing but are not com- PLIANCE POLICY.— MENTS. pensated under such Act, including people of ‘‘(A) REPORTING.—Each authorized com- (a) BUY AMERICAN ACT GUIDANCE.— the United States who live in close prox- mittee of a candidate for the office of Presi- (1) IN GENERAL.—Not later than 30 days imity to where such testing occurred. dent shall establish a policy that requires all after the date of the enactment of this Act, officials, employees, and agents of such com- the Director of Defense Pricing/Defense Pro- SA 725. Ms. DUCKWORTH submitted mittee to notify the treasurer or other ap- curement Acquisition Policy shall issue an amendment intended to be proposed propriate designated official of the com- guidance to Department of Defense con- by her to the bill S. 1790, to authorize mittee of any reportable foreign contact (as tracting officials on requirements related to appropriations for fiscal year 2020 for defined in section 304(j)) not later than 1 chapter 83 of title 41, United States Code military activities of the Department week after such contact was made. (commonly referred to as the ‘‘Buy American of Defense, for military construction, ‘‘(B) RETENTION AND PRESERVATION OF Act’’). The guidance shall reflect any Depart- and for defense activities of the De- RECORDS.—Each authorized committee of a ment actions taken in response to the April partment of Energy, to prescribe mili- candidate for the office of President shall es- 18, 2017, Executive Order No. 13788, ‘‘Buy tablish a policy that provides for the reten- American and Hire American’’. tary personnel strengths for such fiscal tion and preservation of records and infor- (2) ELEMENTS.—The guidance issued under year, and for other purposes; which was mation related to reportable foreign con- paragraph (1) shall cover— ordered to lie on the table; as follows: tacts (as so defined) for a period of not less (A) the requirement to incorporate and en- At the end of subtitle H of title X, insert than 3 years. force the Buy American Act provisions and the following:

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IMMIGRANT VETERANS ELIGIBILITY ‘‘(5) An explanation for the discrepancies, (3) A description and assessment of the TRACKING SYSTEM. if any, between Department of Defense post- challenges, if any, faced by the department (a) IN GENERAL.—On the application by an operation assessments of civilian casualties concerned in hiring civilian employees for alien for an immigration benefit or the in connection with military operations cov- critical positions and occupational series, placement of an alien in an immigration en- ered by such report and credible reports of and a description and assessment of the role forcement proceeding, the Secretary of intergovernmental and non-governmental of current or potential direct hiring authori- Homeland Security shall— organizations on such casualties, set forth in ties in addressing such challenges. (1) determine whether the alien is serving, general and in connection with each military (4) A proposal for increasing the number of or has served, as a member of— operation covered by such report. civilian employees of the department con- (A) a regular or reserve component of the ‘‘(6) A description of the manner in which cerned with a science and engineering back- Armed Forces on active duty; or the reliability and accuracy of reports and ground who are employed using direct hiring (B) a reserve component of the Armed assessments covered by such report were de- authority. Forces in an active status; and termined, and the standards used in deter- (2) with respect to the immigration and mining such reliability and accuracy. SA 729. Mrs. FEINSTEIN submitted naturalization records of the Department of ‘‘(7) A description of the manner in which an amendment intended to be proposed Homeland Security relating to an alien who discrepancies described in paragraph (5) were by her to the bill S. 1790, to authorize is serving, or has served, as a member of the addressed, and the standards used in address- appropriations for fiscal year 2020 for Armed Forces described in paragraph (1), an- ing such discrepancies.’’. military activities of the Department notate such records— (b) AVAILABILITY OF PUBLIC FORM ON INTER- of Defense, for military construction, (A) to reflect that membership; and NET WEBSITE.—Subsection (d) of such section (B) to afford an opportunity to track the 1057, as so amended, is further amended in and for defense activities of the De- outcomes for each such alien. the second sentence by inserting ‘‘on an partment of Energy, to prescribe mili- (b) CONSIDERATION OF MILITARY SERVICE Internet website of the Department of De- tary personnel strengths for such fiscal FOR EXPEDITED PROCESSING.—In determining fense’’ after ‘‘available to the public’’. year, and for other purposes; which was whether to expedite the processing of an ap- ordered to lie on the table; as follows: plication of an individual for an immigration SA 727. Mr. PETERS submitted an benefit under the Immigration and Nation- amendment intended to be proposed by At the appropriate place, insert the following: ality Act (8 U.S.C. 1101 et seq.), including him to the bill S. 1790, to authorize ap- naturalization, the Secretary of Homeland SEC. lllll. PREVENTION OF FOREIGN INTER- propriations for fiscal year 2020 for FERENCE WITH ELECTIONS. Security shall consider— military activities of the Department (1) the service of the individual as a mem- (a) SHORT TITLE.—This section may be ber of— of Defense, for military construction, cited as the ‘‘Prevention of Foreign Inter- (A) a regular or reserve component of the and for defense activities of the De- ference with Elections Act of 2019’’. (b) INTERFERENCE IN ELECTIONS BY FOREIGN Armed Forces on active duty; or partment of Energy, to prescribe mili- NATIONALS.— (B) a reserve component of the Armed tary personnel strengths for such fiscal (1) IN GENERAL.—Chapter 29 of title 18, Forces in an active status; and year, and for other purposes; which was United States Code, is amended by adding at (2) the record of discharge from service in ordered to lie on the table; as follows: the end the following: the Armed Forces of the individual. At the appropriate place in subtitle H of ‘‘§ 612. Interference in elections by foreign na- (c) PROHIBITION ON USE OF INFORMATION FOR title X, insert the following: EMOVAL tionals R .—Information gathered under sub- SEC. 10ll. DESIGNATION OF PER- AND section (a) may not be used for the purpose POLYFLUOROALKYL SUBSTANCES ‘‘(a) PENALTY.— of removing an alien from the United States. AS HAZARDOUS SUBSTANCES. ‘‘(1) IN GENERAL.—Whoever— Not later than 1 year after the date of en- ‘‘(A) conspires with an individual, while SA 726. Ms. WARREN (for herself and actment of this Act, the Administrator of having knowledge or reasonable cause to be- Mr. LEAHY) submitted an amendment the Environmental Protection Agency shall lieve such individual is a foreign national, to intended to be proposed by her to the designate all perfluoroalkyl and prevent, obstruct, impede, interfere with, bill S. 1790, to authorize appropriations polyfluoroalkyl substances as hazardous sub- promote, support, or oppose the nomination for fiscal year 2020 for military activi- stances under section 102(a) of the Com- or the election of any candidate for any Fed- ties of the Department of Defense, for prehensive Environmental Response, Com- eral, State, or local office, or any ballot military construction, and for defense pensation, and Liability Act of 1980 (42 measure, initiative, or referendum; and U.S.C. 9602(a)). ‘‘(B) knows or has reasonable cause to be- activities of the Department of Energy, lieve that an interfering act would be or has to prescribe military personnel SA 728. Mr. CARDIN submitted an been committed to effect the object of the strengths for such fiscal year, and for amendment intended to be proposed by conspiracy; other purposes; which was ordered to him to the bill S. 1790, to authorize ap- shall be fined under this title, imprisoned for lie on the table; as follows: propriations for fiscal year 2020 for not more than 5 years, or both. At the end of subtitle F of title X, add the military activities of the Department ‘‘(2) AGENTS OF FOREIGN POWERS.—Whoever following: of Defense, for military construction, violates paragraph (1) by conspiring with an agent of a foreign power shall be fined under SEC. 1061. IMPROVEMENT OF ANNUAL REPORT and for defense activities of the De- ON CIVILIAN CASUALTIES IN CON- this title, imprisoned for not more than 10 NECTION WITH UNITED STATES partment of Energy, to prescribe mili- years, or both. MILITARY OPERATIONS. tary personnel strengths for such fiscal ‘‘(b) CONSECUTIVE SENTENCE.—No term of (a) ADDITIONAL ELEMENTS.—Subsection (b) year, and for other purposes; which was imprisonment imposed on a person under of section 1057 of the National Defense Au- ordered to lie on the table; as follows: this section shall run concurrently with any thorization Act for Fiscal Year 2018 (Public At the end of title XI, add the following: other term of imprisonment imposed on the Law 115–91; 131 Stat. 1572), as amended by SEC. 1106. REPORTS ON USE OF DIRECT HIRING person under any other provision of law. section 1062 of the John S. McCain National AUTHORITIES BY THE DEPARTMENT ‘‘(c) INJUNCTIONS.— Defense Authorization Act for Fiscal Year OF DEFENSE. ‘‘(1) IN GENERAL.—Whenever it shall appear 2019 (Public Law 115–232; 132 Stat. 1970), is Not later than 180 days after the date of that any person is engaged or is about to en- further amended— the enactment of this Act, the Secretary of gage in any act which constitutes a violation (1) in paragraph (2), by adding at the end Defense (with respect to the Department of of this section, the Attorney General may the following new subparagraph: Defense) and each Secretary of a military de- bring a civil action in a district court of the ‘‘(F) An assessment of any destruction of partment (with respect to such military de- United States seeking an order to enjoin or damage to public infrastructure or other partment) shall submit to the congressional such act. civilian objects.’’; defense committees a report on the use by ‘‘(2) ACTION BY COURT.—The court shall pro- (2) in paragraph (3), by inserting before the the department concerned of direct hiring ceed as soon as practicable to the hearing period at the end the following: ‘‘, and a de- authority (DHA) for civilian employees of and determination of a civil action brought scription of the personnel and amounts dedi- such department. Each report shall set forth under this subsection, and may, at any time cated to investigations of allegations of ci- the following: before final determination, enter such a re- vilian casualties covered by such report’’; (1) Citations to each of the direct hiring straining order or prohibition, or take such (3) in paragraph (4), by inserting ‘‘, and de- authorities currently available to the de- other action, as is warranted to prevent a struction of or damage to public infrastruc- partment concerned. continuing and substantial injury to the ture and civilian objects,’’ after ‘‘harm to ci- (2) The current number of civilian employ- United States, a State, or a locality, or to vilians’’; ees of the department concerned who were any person or class of persons for whose pro- (4) by redesignating paragraphs (5) and (6) hired using direct hiring authority (whether tection the civil action is brought. as paragraphs (8) and (9), respectively; and or not such authority is currently in force), ‘‘(3) PROCEDURE.— (5) by inserting after paragraph (4) the fol- and the grade level and occupational series ‘‘(A) IN GENERAL.—A proceeding under this lowing new paragraphs: of such civilian employees. subsection shall be governed by the Federal

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Rules of Civil Procedure, except that, if an ‘‘(ii) ELECTION INTERFERENCE BY FOREIGN ‘‘(ee) references an employee of a candidate indictment has been returned against the re- NATIONALS.— or campaign for Federal, State, or local of- spondent, discovery shall be governed by the ‘‘(I) IN GENERAL.—Except as provided in fice or a political party; and Federal Rules of Criminal Procedure. subclause (II) and clause (iii), any alien con- ‘‘(iv) does not include a commercial adver- ‘‘(B) SEALED PROCEEDINGS.—If a civil ac- victed of violating section 612 of title 18, tisement for goods or services by a foreign tion is brought under this subsection, before United States Code, is inadmissible. corporation or business entity. an indictment is returned against the re- ‘‘(II) EXCEPTION.—If an alien described in ‘‘(B) DETERMINATION OF BONA FIDE PRESS spondent or while an indictment against the subclause (I) is eligible under section 245(j) ACTIVITY.—For purposes of subparagraph respondent is under seal— for an adjustment of status to that of an (A)(i), a news story, commentary, editorial, ‘‘(i) the court shall place the civil action alien lawfully admitted for permanent resi- or other communication is not produced and under seal; and dence, the Secretary of Homeland Security, distributed in the ordinary course of bona ‘‘(ii) when the indictment is unsealed, the in the Secretary’s sole, unreviewable discre- fide press activity by a news or press service court shall unseal the civil action unless tion, may waive the applicability of sub- or association, newspaper, magazine, peri- good cause exists to keep the civil action clause (I) with respect to such alien. odical, or other publication and the excep- under seal. ‘‘(iii) EXCEPTION.—An alien shall not be tion under such subparagraph shall not apply ‘‘(4) CLASSIFIED INFORMATION IF INDICTMENT considered to be inadmissible under this sub- if— HAS NOT BEEN RETURNED AGAINST RESPOND- paragraph if— ‘‘(i) such media outlet is owned, directed, ENT.—For any civil proceeding brought by ‘‘(I) the alien voted in a Federal, State, or supervised, controlled, subsidized, or fi- the Attorney General under this subsection local election (including an initiative, recall, nanced by a government of a foreign coun- in which an indictment has not been re- or referendum) in violation of a lawful re- try, as defined in section 1 of the Foreign turned against the respondent, classified in- striction of voting to citizens; Agents Registration Act of 1938 (22 U.S.C. formation in the civil proceeding shall be ‘‘(II) each natural parent of the alien (or, 611); and subject to the procedures described in sec- in the case of an adopted alien, each adoptive ‘‘(ii) such news story, commentary, edi- tion 2339B(f). parent of the alien) is or was a United States torial, or other communication— ‘‘(d) DEFINITIONS.—In this section— citizen (whether by birth or naturalization); ‘‘(I) is directed, produced, or distributed, at ‘‘(1) the term ‘agent of a foreign power’— ‘‘(III) the alien permanently resided in the the direction of government or political ‘‘(A) has the meaning given to the term in United States before reaching 16 years of party officials; and section 101 of the Foreign Intelligence Sur- age; and ‘‘(II) promotes, attacks, supports, or op- veillance Act of 1978 (50 U.S.C. 1801); and ‘‘(IV) the alien reasonably believed at the poses any candidate for public office or polit- ‘‘(B) does not include a United States per- time of the violation described in clause (i) ical party in the United States. son (as defined under section 101 of the For- or (ii)(I) that he or she was a United States ‘‘(2) FOREIGN INDIVIDUAL INTERNET ACTIVITY eign Intelligence Surveillance Act of 1978 (50 citizen.’’. EXCEPTION.— U.S.C. 1801)); ‘‘(A) IN GENERAL.—When an individual or a (d) STRENGTHENING PROHIBITIONS ON EX- ‘‘(2) the term ‘classified information’ has group of individuals engages in Internet ac- PENDITURES BY FOREIGN NATIONALS.—Section the meaning given the term in section 1 of tivities for the purposes of influencing an the Classified Information Procedures Act 319 of the Federal Election Campaign Act of election, neither of the following is a con- (18 U.S.C. App.); 1971 (52 U.S.C. 30121) is amended— tribution or expenditure for purposes of this ‘‘(3) the term ‘foreign national’— (1) in subsection (a)(1)(C), by inserting ‘‘, section by that individual or group of indi- ‘‘(A) means a foreign principal, as such subject to subsection (c)’’ after ‘‘within the viduals: term is defined by section 1(b) of the Foreign meaning of section 304(f)(3)’’; and ‘‘(i) The uncompensated personal services Agents Registration Act of 1938 (22 U.S.C. (2) by adding at the end the following new of the individual related to such Internet ac- 611(b)); and subsections: tivities. The exception under the preceding ‘‘(B) does not include any individual who is ‘‘(c) APPLICATION TO ELECTIONEERING COM- sentence shall not apply to individuals or a a citizen of the United States or a lawful per- MUNICATIONS.— group of individuals acting on behalf of or in manent resident of the United States; and ‘‘(1) ELECTIONEERING COMMUNICATIONS.— any capacity at the order, request, or under ‘‘(4) the term ‘interfering act’ means any ‘‘(A) IN GENERAL.—For purposes of applying the direction or control, of a government of offense, that does have to be otherwise prov- subsection (a)(1)(C) and subsection (d), an a foreign country, a foreign political party, en, under or violation of— ‘electioneering communication’— or a person whose activities are directly or ‘‘(A) this title; ‘‘(i) does not include a news story, com- indirectly supervised, directed, controlled, ‘‘(B) section 12 of the Voting Rights Act of mentary, editorial, or other communication financed, or subsidized in whole or in major 1965 (52 U.S.C. 10308); produced and distributed in the ordinary part by a government of a foreign country or ‘‘(C) the Federal Election Campaign Act of course of bona fide press activity by a news a foreign political party. 1971 (52 U.S.C. 30101 et seq.); or or press service or association, newspaper, ‘‘(ii) The use of equipment or services by ‘‘(D) chapter 95 or 96 of the Internal Rev- magazine, periodical, or other publication as the individual for uncompensated Internet enue Code of 1986. determined under subparagraph (B); activities, regardless of the identity of the ‘‘(e) RULE OF CONSTRUCTION.—Nothing in ‘‘(ii) except as provided in clause (i), in- owner of the equipment or services. The ex- this section shall be construed or applied to cludes an Internet or digital communication ception under the preceding sentence shall abridge the exercise of rights guaranteed that otherwise meets the requirements of not apply to equipment or services supplied under the First Amendment to the Constitu- section 304(f)(3) as modified by this para- or provided directly or indirectly by a gov- tion of the United States.’’. graph; ernment of a foreign country, a foreign polit- (2) SEVERABILITY.—If any provision of this ‘‘(iii) includes a communication that does ical party, or a person whose activities are section, an amendment made by this section, not refer to a clearly identified candidate for directly or indirectly supervised, directed, or the application of such provision or Federal office as described in subparagraph controlled, financed, or subsidized in whole amendment to any person or circumstance is (A)(i)(I) of section 304(f)(3) if— or in major part by a government of a for- held to be unconstitutional, the remainder of ‘‘(I) the communication otherwise meets eign country or a foreign political party. this section, the amendments made by this the requirements of such section as modified ‘‘(B) DEFINITION.—For purposes of this section, and the applications of the provi- by this paragraph except that items (aa) and paragraph, the terms ‘Internet activities’ sions of such to any other person or cir- (bb) of subparagraph (A)(i)(II) of such section and ‘equipment and services’ have the mean- cumstance shall not be affected thereby. shall each be applied by substituting ‘Fed- ing given such terms in section 100.94 of title (3) TECHNICAL AND CONFORMING AMEND- eral, State, or local office’ for ‘the office 11, Code of Federal Regulations (or any suc- MENT.—The table of sections for chapter 29 of sought by the candidate’; cessor regulation). title 18, United States Code, is amended by ‘‘(II) the communication— ‘‘(d) PROHIBITION ON PROVIDING SUBSTAN- adding at the end the following: ‘‘(aa) references voting or a Federal, State, TIAL ASSISTANCE TO A FOREIGN GOVERNMENTS ‘‘612. Interference in elections by foreign na- or local election; AND FOREIGN POLITICAL PARTIES IN MAKING tionals.’’. ‘‘(bb) addresses an issue that is reasonably CONTRIBUTIONS, DONATIONS, OR EXPENDI- (c) INADMISSIBILITY FOR INTERFERENCE IN understood to distinguish one candidate for TURES.— ELECTIONS BY FOREIGN NATIONALS.—Section Federal, State, or local office from another; ‘‘(1) IN GENERAL.—No person shall know- 212(a)(10)(D) of the Immigration and Nation- ‘‘(cc) republishes or is substantially iden- ingly provide substantial assistance to a for- ality Act (8 U.S.C. 1182(a)(10)(D)) is amended tical to the communications of a candidate eign national, including a foreign govern- to read as follows: for Federal, State, or local office on that ment or foreign political party, with respect ‘‘(D) UNLAWFUL VOTERS AND ELECTION IN- same issue; to directly or indirectly making a contribu- TERFERENCE BY FOREIGN NATIONALS.— ‘‘(dd) expresses approval or disapproval of a tion or donation, or other thing of value, or ‘‘(i) UNLAWFUL VOTERS.—Except as proposition reasonably identified with a can- an expenditure, independent expenditure, or vided in clause (iii), any alien who has voted didate for Federal, State, or local office and disbursement for an electioneering commu- in violation of any Federal, State, or local presented in substantially similar terms, re- nication (within the meaning of section constitutional provision, statute, ordinance, gardless of whether there is a specific ref- 304(f)(3)), or any other act prohibited under or regulation is inadmissible. erence to that candidate; or subsection (a).

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‘‘(2) DEFINITION.—As used in this sub- criteria to be used in designating individuals nanced using Defense Working Capital Funds section, the term ‘providing substantial as- as secondary caregivers for purposes of para- shall be excluded from the calculation of cu- sistance’ means, with respect to an act de- graph (1)’’; mulative advance billings under section scribed in paragraph (1), the facilitation of (3) by redesignating paragraph (4) as para- 2208(l)(3) of title 10, United States Code. such act by a foreign national, including a graph (5); foreign government or foreign political (4) by inserting after paragraph (3) the fol- SA 733. Mr. DAINES (for himself and party. Such facilitation includes the know- lowing new paragraph (4): Mr. TESTER) submitted an amendment ing republication of foreign government and ‘‘(4)(A) Leave of a member under paragraph intended to be proposed by him to the foreign political party electioneering com- (1) terminates on the date of death of the bill S. 1790, to authorize appropriations munications referred to in subsection (b), re- child concerned. for fiscal year 2020 for military activi- gardless of whether the communication was ‘‘(B) Nothing in subparagraph (A) shall be ties of the Department of Defense, for made in concert or cooperation with or at construed to terminate the eligibility of a military construction, and for defense member for emergency leave under section the request or suggestion of a foreign gov- activities of the Department of Energy, ernment or foreign political party.’’. 709 of this title in connection with a death described in that subparagraph.’’; and to prescribe military personnel SA 730. Ms. DUCKWORTH submitted (5) in paragraph (5), as redesignated by strengths for such fiscal year, and for an amendment intended to be proposed paragraph (3) of this subsection— other purposes; which was ordered to by her to the bill S. 1790, to authorize (A) by striking ‘‘paragraphs (6) through lie on the table; as follows: appropriations for fiscal year 2020 for (10)’’ and inserting ‘‘paragraphs (7) through At the appropriate place in subtitle H of military activities of the Department (11)’’; and title X, insert the following: of Defense, for military construction, (B) by striking ‘‘paragraph (9)(B)’’ and in- SEC. llll. LITTLE SHELL TRIBE OF CHIPPEWA serting ‘‘paragraph (10)(B)’’. and for defense activities of the De- INDIANS OF MONTANA. (a) FINDINGS.—Congress finds that— partment of Energy, to prescribe mili- SA 731. Mr. WYDEN submitted an (1) the Little Shell Tribe of Chippewa Indi- tary personnel strengths for such fiscal amendment intended to be proposed by ans is a political successor to signatories of year, and for other purposes; which was him to the bill S. 1790, to authorize ap- the Pembina Treaty of 1863, under which a ordered to lie on the table; as follows: propriations for fiscal year 2020 for large area of land in the State of North Da- At the end of subtitle C of title V, add the military activities of the Department kota was ceded to the United States; (2) the Turtle Mountain Band of Chippewa following: of Defense, for military construction, SEC. 520. EXPANSION AND IMPROVEMENT OF of North Dakota and the Chippewa-Cree LEAVE IN CONNECTION WITH and for defense activities of the De- Tribe of the Rocky Boy’s Reservation of BIRTHS AND ADOPTIONS. partment of Energy, to prescribe mili- Montana, which also are political successors (a) PRIMARY CAREGIVER LEAVE IN CONNEC- tary personnel strengths for such fiscal to the signatories of the Pembina Treaty of TION WITH BIRTH OR ADOPTION.—Subsection year, and for other purposes; which was 1863, have been recognized by the Federal (i) of section 701 of title 10, United States ordered to lie on the table; as follows: Government as distinct Indian tribes; Code, is amended— (3) the members of the Little Shell Tribe At the end of subtitle G of title XII, add (1) in paragraph (1)— continue to live in the State of Montana, as the following: (A) in subparagraph (A), by striking ‘‘the their ancestors have for more than 100 years primary’’ and inserting ‘‘a primary’’; SEC. 1290. INVESTIGATION AND REPORT ON since ceding land in the State of North Da- ISSUANCE OF PASSPORTS AND kota as described in paragraph (1); (B) in subparagraph (B)— TRAVEL DOCUMENTS TO CITIZENS (i) by striking ‘‘the primary’’ and inserting OF SAUDI ARABIA IN THE UNITED (4) in the 1930s and 1940s, the Tribe repeat- ‘‘a primary’’; and STATES. edly petitioned the Federal Government for (ii) by striking ‘‘six weeks’’ and inserting (a) INVESTIGATION.—The Secretary of State reorganization under the Act of June 18, 1934 ‘‘12 weeks’’; and shall conduct an investigation on the (25 U.S.C. 5101 et seq.) (commonly known as (C) by adding at the end the following new issuance by the Government of Saudi Arabia the ‘‘Indian Reorganization Act’’); subparagraph: of passports and other travel documents to (5) Federal agents who visited the Tribe ‘‘(C) More than one individual may be des- citizens of Saudi Arabia in the United and Commissioner of Indian Affairs John ignated as a primary caregiver under sub- States. Collier attested to the responsibility of the paragraph (A) or (B) in connection with a (b) REPORT.— Federal Government for the Tribe and mem- birth or adoption.’’; (1) IN GENERAL.—Not later than 90 days bers of the Tribe, concluding that members (2) in paragraph (3), by inserting before the after the date of the enactment of this Act, of the Tribe are eligible for, and should be period at the end the following: ‘‘, and the the Secretary shall submit to Congress a re- provided with, trust land, making the Tribe criteria to be used in designating individuals port on the results of the investigation under eligible for reorganization under the Act of as primary caregivers for purposes of para- subsection (a). June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the ‘‘Indian Reorganization graph (1)’’; (2) MATTER TO BE INCLUDED.—The report re- (3) in paragraph (4), by striking ‘‘leave—’’ quired by paragraph (1) shall include, with Act’’); and all that follows and inserting ‘‘leave is respect to the manner in which passports (6) due to a lack of Federal appropriations specifically recommended, in writing, by the and travel documents are issued to citizens during the Depression, the Bureau of Indian medical provided of the member to address a of Saudi Arabia in the United States, an as- Affairs lacked adequate financial resources to purchase land for the Tribe, and the mem- diagnosed medical condition.’’; sessment whether the Government of Saudi bers of the Tribe were denied the oppor- (4) by redesignating paragraphs (6) through Arabia is in compliance with its obligations tunity to reorganize; (10) as paragraphs (7) through (11), respec- under— (7) in spite of the failure of the Federal tively; and (A) the Vienna Convention on Diplomatic Government to appropriate adequate funding (5) by inserting after paragraph (5) the fol- Relations, done at Vienna April 18, 1961; or to secure land for the Tribe as required for lowing new paragraph (6): (B) the Vienna Convention on Consular Re- reorganization under the Act of June 18, 1934 ‘‘(6)(A) Leave of a member under paragraph lations, done at Vienna April 24, 1963. (1) or (4) terminates on the date of death of (25 U.S.C. 5101 et seq.) (commonly known as the ‘‘Indian Reorganization Act’’), the Tribe the child concerned. SA 732. Mr. WARNER submitted an ‘‘(B) Nothing in subparagraph (A) shall be continued to exist as a separate community, construed to terminate the eligibility of a amendment intended to be proposed by with leaders exhibiting clear political au- member for emergency leave under section him to the bill S. 1790, to authorize ap- thority; 709 of this title in connection with a death propriations for fiscal year 2020 for (8) the Tribe, together with the Turtle described in that subparagraph.’’. military activities of the Department Mountain Band of Chippewa of North Dakota (b) SECONDARY CAREGIVER LEAVE IN CON- of Defense, for military construction, and the Chippewa-Cree Tribe of the Rocky NECTION WITH BIRTH OR ADOPTION.—Sub- and for defense activities of the De- Boy’s Reservation of Montana, filed 2 law section (j) of such section is amended— partment of Energy, to prescribe mili- suits under the Act of August 13, 1946 (60 (1) in paragraph (1)— Stat. 1049) (commonly known as the ‘‘Indian (A) by striking ‘‘the secondary caregiver’’ tary personnel strengths for such fiscal Claims Commission Act’’), to petition for ad- and inserting ‘‘a secondary caregiver’’; year, and for other purposes; which was ditional compensation for land ceded to the (B) by striking ‘‘21 days’’ and inserting ‘‘12 ordered to lie on the table; as follows: United States under the Pembina Treaty of weeks’’; and At the appropriate place in title X, insert 1863 and the McCumber Agreement of 1892; (C) by adding at the end the following new the following: (9) in 1971 and 1982, pursuant to Acts of sentence: ‘‘More than one individual may be SEC. lll. ADVANCE BILLING FOR BACK- Congress, the tribes received awards for the designated as a secondary caregiver under GROUND INVESTIGATION SERVICES claims described in paragraph (8); this paragraph in connection with a birth or WITH WORKING CAPITAL FUNDS. (10) in 1978, the Tribe submitted to the Bu- adoption.’’; During fiscal year 2020, any advance billing reau of Indian Affairs a petition for Federal (2) in paragraph (2), by inserting before the for background investigation services and re- recognition, which is still pending as of the period at the end the following: ‘‘, and the lated services purchased from activities fi- date of enactment of this Act; and

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.068 S18JNPT1 S3758 CONGRESSIONAL RECORD — SENATE June 18, 2019 (11) the Federal Government, the State of propriations for fiscal year 2020 for ‘‘(2) COMPOSITION.—Not later than 60 days Montana, and the other federally recognized military activities of the Department after the date of enactment of the National Indian tribes of the State have had contin- of Defense, for military construction, Defense Authorization Act for Fiscal Year uous dealings with the recognized political and for defense activities of the De- 2020, the President shall appoint the mem- leaders of the Tribe since the 1930s. partment of Energy, to prescribe mili- bers of the Task Force, which shall include— (b) DEFINITIONS.—In this section: ‘‘(A) the Director of the Office of Child (1) MEMBER.—The term ‘‘member’’ means tary personnel strengths for such fiscal Care of the Department of Health and an individual who is enrolled in the Tribe year, and for other purposes; which was Human Services, the Associate Commis- pursuant to subsection (f). ordered to lie on the table; as follows: sioner of the Children’s Bureau of the De- (2) SECRETARY.—The term ‘‘Secretary’’ At the appropriate place, insert the fol- partment of Health and Human Services, the means the Secretary of the Interior. lowing: Director of the Federal Bureau of Investiga- (3) TRIBE.—The term ‘‘Tribe’’ means the SEC. ll. PROHIBITION ON NUCLEAR EXPORTS tion, or their designees; and Little Shell Tribe of Chippewa Indians of TO SAUDI ARABIA. ‘‘(B) such other Federal officials as may be Montana. Notwithstanding any other provision of designated by the President. (c) FEDERAL RECOGNITION.— law, no nuclear material, whether for civil- ‘‘(3) CHAIRPERSON.—The chairperson of the (1) IN GENERAL.—Federal recognition is ex- ian or military applications, or related tech- Task Force shall be the Assistant Secretary tended to the Tribe. nology or intellectual property, may be ex- of the Administration for Children and Fam- (2) EFFECT OF FEDERAL LAWS.—Except as ported from the United States to Saudi Ara- ilies. otherwise provided in this section, all Fed- bia, and no license or other authorization eral laws (including regulations) of general ‘‘(4) CONSULTATION.—The Task Force shall may be issued by any Federal agency for consult with representatives from State application to Indians and Indian tribes, in- such export. cluding the Act of June 18, 1934 (25 U.S.C. child care agencies, State child protective services, State criminal justice agencies, and 5101 et seq.) (commonly known as the ‘‘In- SA 735. Mr. CORNYN submitted an dian Reorganization Act’’), shall apply to the other relevant stakeholders on identifying amendment intended to be proposed by problems in implementing, and proposing so- Tribe and members. him to the bill S. 1790, to authorize ap- (d) FEDERAL SERVICES AND BENEFITS.— lutions to implement, the requirements of (1) IN GENERAL.—Beginning on the date of propriations for fiscal year 2020 for subsection (b), as described in that sub- enactment of this Act, the Tribe and each military activities of the Department section. member shall be eligible for all services and of Defense, for military construction, ‘‘(5) TASK FORCE DUTIES.—The Task Force benefits provided by the United States to In- and for defense activities of the De- shall— dians and federally recognized Indian tribes, partment of Energy, to prescribe mili- ‘‘(A) develop recommendations for improv- without regard to— ing implementation of the requirements of tary personnel strengths for such fiscal subsection (b), including recommendations (A) the existence of a reservation for the year, and for other purposes; which was Tribe; or about how the Task Force and member agen- (B) the location of the residence of any ordered to lie on the table; as follows: cies will collaborate and coordinate efforts member on or near an Indian reservation. At the end of subtitle D of title III, add the to implement such requirements, as de- (2) SERVICE AREA.—For purposes of the de- following: scribed in subsection (b); and livery of services and benefits to members, SEC. llll. REPORT ON EFFECT OF WIND TUR- ‘‘(B) develop recommendations in which the service area of the Tribe shall be consid- BINE PROJECTS ON SAFETY, TRAIN- the Task Force identifies best practices and ered to be the area comprised of Blaine, Cas- ING, AND READINESS OF AIR FORCE evaluates technical assistance to assist rel- PILOTS. cade, Glacier, and Hill Counties in the State evant Federal and State agencies in imple- Not later than 90 days after the date of the menting subsection (b), which identification of Montana. enactment of this Act, the Secretary of the (e) REAFFIRMATION OF RIGHTS.— and evaluation shall include— Air Force shall submit to the Committees on (1) IN GENERAL.—Nothing in this section di- ‘‘(i) an analysis of available research and Armed Services of the Senate and the House minishes any right or privilege of the Tribe information at the Federal and State level of Representatives and publish on a publicly or any member that existed before the date regarding the status of the interstate re- available Internet website of the Department of enactment of this Act. quirements of subsection (b) for child care of the Air Force a report on the cumulative (2) CLAIMS OF TRIBE.—Except as otherwise staff members who have resided in one or effect of wind turbine projects on the safety, provided in this section, nothing in this sec- more States during the previous 5 years and training, and readiness of Air Force pilots. tion alters or affects any legal or equitable who seek employment in a child care program in a different State; claim of the Tribe to enforce any right or SA 736. Mr. BURR (for himself and privilege reserved by, or granted to, the ‘‘(ii) a list of State agencies that are not Mr. VAN HOLLEN) submitted an amend- Tribe that was wrongfully denied to, or responding to interstate requests covered by taken from, the Tribe before the date of en- ment intended to be proposed by him subsection (b) for relevant information on actment of this Act. to the bill S. 1790, to authorize appro- child care staff members; (f) MEMBERSHIP ROLL.— priations for fiscal year 2020 for mili- ‘‘(iii) identification of the challenges State (1) IN GENERAL.—As a condition of receiv- tary activities of the Department of agencies are experiencing in responding to ing recognition, services, and benefits pursu- Defense, for military construction, and such interstate requests; ant to this section, the Tribe shall submit to for defense activities of the Depart- ‘‘(iv) an analysis of the length of time it the Secretary, by not later than 18 months ment of Energy, to prescribe military takes the State agencies in a State to re- after the date of enactment of this Act, a ceive such results from State agencies in an- membership roll consisting of the name of personnel strengths for such fiscal other State in response to such an interstate each individual enrolled as a member of the year, and for other purposes; which was request in accordance with subsection (b); Tribe. ordered to lie on the table; as follows: ‘‘(v) an analysis of the average processing (2) DETERMINATION OF MEMBERSHIP.—The At the appropriate place in subtitle F of time for the interstate requests, in accord- qualifications for inclusion on the member- title V, insert the following: ance with subsection (b); ship roll of the Tribe shall be determined in SEC. ll. TASK FORCE. ‘‘(vi) identification of the fees associated accordance with sections 1 through 3 of arti- Section 658H of the Child Care and Devel- with the interstate requests in each State to cle 5 of the constitution of the Tribe dated opment Block Grant Act of 1990 (42 U.S.C. meet requirements in accordance with sub- September 10, 1977 (including amendments to 9858f) is amended— section (b); the constitution). (1) by redesignating subsection (j) as sub- ‘‘(vii) a list of States that are participating (3) MAINTENANCE OF ROLL.—The Tribe shall section (k); in the National Fingerprint File program, as maintain the membership roll under this (2) in subsection (d)(2)(A), by striking ‘‘sub- administered by the Federal Bureau of Inves- subsection. section (j)(1)’’ and inserting ‘‘subsection tigation, and an analysis of reasons States (g) ACQUISITION OF LAND.— (k)(1)’’; and have or have not chosen to participate in the (1) HOMELAND.—The Secretary shall ac- (3) by inserting after subsection (i) the fol- program, including barriers to participation quire, for the benefit of the Tribe, trust title lowing: such as barriers related to State regulatory to 200 acres of land within the service area of ‘‘(j) TASK FORCE TO ASSIST IN IMPROVING requirements and statutes; and the Tribe to be used for a tribal land base. CHILD SAFETY.— ‘‘(viii) a list of States that have closed (2) ADDITIONAL LAND.—The Secretary may ‘‘(1) ESTABLISHMENT.—There is established record laws or systems that prevent the acquire additional land for the benefit of the a task force, to be known as the Interagency States from sharing complete criminal Tribe pursuant to section 5 of the Act of Task Force for Child Safety (referred to in records data or information with State agen- June 18, 1934 (25 U.S.C. 5108) (commonly this section as the ‘Task Force’) to identify, cies in another State. known as the ‘‘Indian Reorganization Act’’). evaluate, and recommend best practices and ‘‘(6) MEETINGS.—Not later than 3 months technical assistance to assist Federal and after the date of enactment of the National SA 734. Mr. PAUL submitted an State agencies in fully implementing the re- Defense Authorization Act for Fiscal Year amendment intended to be proposed by quirements of subsection (b) for child care 2020, the Task Force shall hold its first meet- him to the bill S. 1790, to authorize ap- staff members. ing.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.089 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3759

‘‘(7) FINAL REPORT.—Not later than 1 year under both Republican and Democratic ad- (B) has been convicted of 2 or more crimes after the first meeting of the Task Force, the ministrations beginning in 1991 with the ad- involving moral turpitude (other than a Task Force shall submit to the Secretary of ministration of President George H. W. Bush. purely political offense); or Health and Human Services, the Committee (6) These law-abiding and taxpaying Libe- (C) has ordered, incited, assisted, or other- on Health, Education, Labor, and Pensions of rians have made homes in the United States, wise participated in the persecution of any the Senate, and the Committee on Education have worked hard, played by the rules, paid person on account of race, religion, nation- and Labor of the House of Representatives a their dues, and submitted to rigorous vet- ality, membership in a particular social final report containing all of the rec- ting. Many such Liberians have United group, or political opinion. ommendations required by subparagraphs States citizen children who have served in (3) DETERMINATION OF CONTINUOUS PHYSICAL (A) and (B) of paragraph (5). the Armed Forces, and in some cases have PRESENCE.—For purposes of establishing the ‘‘(8) SUNSET.—The Task Force shall termi- themselves served in that capacity. period of continuous physical presence re- nate 1 year after submitting its final report, (7) The Liberian community in the United ferred to in paragraph (1)(A)(ii), an alien but not later than the end of fiscal year States has also contributed greatly to pri- shall not be considered to have failed to 2021.’’. vate sector investment and socioeconomic maintain continuous physical presence based assistance in Liberia by providing remit- on 1 or more absences from the United SA 737. Mr. BURR submitted an tances to relatives in Liberia. States for 1 or more periods amounting, in amendment intended to be proposed by (8) While there was a positive development the aggregate, to not more than 180 days. him to the bill S. 1790, to authorize ap- in 2017 with the first democratic transfer of propriations for fiscal year 2020 for power in more than 70 years, the Department SA 739. Mr. RUBIO submitted an military activities of the Department of State has identified the capital and most amendment intended to be proposed by of Defense, for military construction, populous city of Liberia, Monrovia, as being him to the bill S. 1790, to authorize ap- and for defense activities of the De- a critical-threat location for crime. Access propriations for fiscal year 2020 for to healthcare remains limited, critical infra- partment of Energy, to prescribe mili- military activities of the Department structure is lacking, and widespread corrup- of Defense, for military construction, tary personnel strengths for such fiscal tion coupled with low wages and a weak eco- year, and for other purposes; which was nomic recovery has left the country vulner- and for defense activities of the De- ordered to lie on the table; as follows: able to civil unrest. partment of Energy, to prescribe military personnel strengths for such fiscal In section 351(b)(2), after subparagraph (C), (b) REPORT.— year, and for other purposes; which was insert the following: (1) IN GENERAL.—Not later than December (D) The investment necessary to leverage 31, 2019, the Secretary of Defense, in con- ordered to lie on the table; as follows: existing local workforce development pro- sultation with the Secretary of State, shall At the end of subtitle C of title III, add the grams, including apprenticeship opportuni- submit to the congressional defense commit- following: ties, to sustain an adequate workforce pipe- tees a report on the impact of Liberian na- line. SEC. 333. SENSE OF CONGRESS ON RESTORATION tionals on the national security, foreign pol- OF TYNDALL AIR FORCE BASE. icy, and economic, and humanitarian inter- SA 738. Mr. REED (for himself, Ms. It is the sense of Congress that the Sec- ests of the United States and a justification retary of the Air Force should— SMITH, Ms. KLOBUCHAR, and Mr. WHITE- for adjustment of status of qualifying Libe- (1) restore Tyndall Air Force Base to HOUSE) submitted an amendment in- rians to that of lawful permanent residents. achieve military installation resilience, as tended to be proposed by him to the (2) ELEMENTS.—The report required by defined in section 101(e)(8) of title 10, United bill S. 1790, to authorize appropriations paragraph (1) shall include the following: States Code; and for fiscal year 2020 for military activi- (A) The number of current or former Libe- (2) use innovative construction methods, ties of the Department of Defense, for rian nationals and their children who have materials, designs, and technologies in car- military construction, and for defense served or are currently serving in the Armed rying out such restoration in order to activities of the Department of Energy, Forces. achieve efficiencies, cost savings, resiliency, (B) The amount of remittances sent by cur- to prescribe military personnel and capability, which may include— rent or former Liberian nationals to rel- (A) open architecture design to evolve with strengths for such fiscal year, and for atives in Liberia and an assessment of the the national defense strategy; and other purposes; which was ordered to impact on the economic development of Li- (B) efficient ergonomic enterprise for lie on the table; as follows: beria if these remittances were to cease. members of the Air Force in the 21st cen- At the end of subtitle H of title X, add the (C) The economic and tax contributions tury. following: that Liberian nationals and their children have made to the United States. SEC. llll. REPORT ON IMPACT OF LIBERIAN SA 740. Mr. INHOFE (for himself and (D) An assessment of the impact on the NATIONALS ON THE NATIONAL SE- Mr. REED) submitted an amendment in- CURITY, FOREIGN POLICY, AND ECO- United States of adjusting the status of Li- NOMIC AND HUMANITARIAN INTER- berian nationals who have continuous phys- tended to be proposed by him to the ESTS OF THE UNITED STATES AND A ical presence in the United States beginning bill S. 1790, to authorize appropriations JUSTIFICATION FOR ADJUSTMENT on November 20, 2014, and ending on the date for fiscal year 2020 for military activi- OF STATUS OF QUALIFYING LIBE- of the enactment of this Act, or for adjusting ties of the Department of Defense, for RIANS TO THAT OF LAWFUL PERMA- NENT RESIDENTS. the status of the spouses, children, and un- military construction, and for defense married sons or daughters of such Liberian (a) FINDINGS.—Congress makes the fol- activities of the Department of Energy, lowing findings: nationals. to prescribe military personnel (1) In 1989, a seven-year civil war broke out (c) QUALIFYING LIBERIAN.— strengths for such fiscal year, and for in Liberia that— (1) IN GENERAL.—In this section, the term other purposes; which was ordered to (A) claimed the lives of an estimated ‘‘qualifying Liberian’’ means and alien (as lie on the table; as follows: 200,000 people; defined in section 101(a) of the Immigration Strike part III of subtitle D of title V. (B) displaced over 1⁄2 of the Liberian popu- and Nationality Act (8 U.S.C. 1101(a)) who— lation; (A)(i) is a national of Liberia; and Strike section 585. (C) halted food production; and (ii) has been continuously present in the Strike section 587. (D) destroyed the infrastructure and econ- United States during the period beginning on Strike section 642. omy of Liberia. November 20, 2014, and ending on the date of On page 293, line 2, strike ‘‘January 1, 2020’’ (2) A second civil war then followed from the enactment of this Act; and insert ‘‘January 1, 2030’’. 1999 to 2003, further destabilizing Liberia and (B) is the spouse, child, or unmarried son Strike section 1203 and insert the fol- creating more turmoil and hardship for Libe- or daughter of an alien described in subpara- lowing: rians. graph (A); SEC. 1203. TWO-YEAR EXTENSION OF PROGRAM (3) In total, the two civil wars in Liberia (C) is otherwise eligible to receive an im- AUTHORITY AND AVAILABILITY OF killed up to an estimated 1⁄4 million individ- migrant visa; and FUNDS FOR GLOBAL SECURITY CON- uals. (D) is admissible to the United States for TINGENCY FUND. (4) From 2014 to 2016, Liberia faced an permanent residence, except that the Section 1207 of the National Defense Au- Ebola virus outbreak that devastated the grounds of inadmissibility specified in para- thorization Act for Fiscal Year 2012 (22 fragile health system of Liberia and killed graphs (4), (5), (6)(A), and (7)(A) of section U.S.C. 2151 note) is amended— nearly 5,000 individuals. 212(a) of the Immigration and Nationality (1) in subsection (i)— (5) As a result of these devastating events, Act (8 U.S.C. 1182(a)) shall not apply. (A) in paragraph (1), by striking ‘‘Sep- thousands of Liberians sought refuge in the (2) EXCEPTIONS.—The term ‘‘qualifying Li- tember 30, 2019’’ and inserting ‘‘September United States, living and working here under berian’’ does not include any alien who— 30, 2021’’; and Temporary Protected Status (TPS) and De- (A) has been convicted of any aggravated (B) by amending paragraph (2) to read as ferred Enforced Departure (DED), extended felony; follows:

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.075 S18JNPT1 S3760 CONGRESSIONAL RECORD — SENATE June 18, 2019 ‘‘(2) EXCEPTION.—Amounts appropriated (3) PROJECT SCOPE.— ment of Energy, to prescribe military and transferred to the Fund before Sep- (A) LICENSING JURISDICTION.—The licensing personnel strengths for such fiscal tember 30, 2019, shall remain available for ob- jurisdiction of the Commission for the year, and for other purposes; which was ligation and expenditure after that date, but project shall not extend to any land or water ordered to lie on the table; as follows: only for activities under programs com- outside the project boundary. menced under subsection (b) before Sep- (B) OUTSIDE INFRASTRUCTURE.—Any land, At the end of subtitle H of title X, add the tember 30, 2019.’’; and water, or physical infrastructure or other following: (2) in subsection (o)— improvement outside the project boundary SEC. 1086. COMPTROLLER GENERAL REVIEW OF (A) in the first sentence, by striking ‘‘Sep- shall not be considered to be part of the QUALITY RATING SYSTEM FOR COM- tember 30, 2019’’ and inserting ‘‘September project. MUNITY LIVING CENTERS OF THE DEPARTMENT OF VETERANS AF- (C) BOUNDARY AMENDMENT.— 30, 2021’’; and FAIRS. (B) in the second sentence, by striking (i) IN GENERAL.—The Commission shall (a) IN GENERAL.—The Comptroller General amend the project boundary only on request ‘‘through 2019’’ and inserting ‘‘through 2021’’. of the United States shall conduct a review Strike section 1422. of the project licensee. of the quality rating system for community (ii) DENIAL OF REQUEST.—The Commission SA 741. Mr. INHOFE submitted an may deny a request to amend a project living centers operated by the Department of boundary under clause (i) if the Commission Veterans Affairs. amendment intended to be proposed by (b) ELEMENTS.—The review conducted determines that the request is inconsistent him to the bill S. 1790, to authorize ap- under subsection (a) shall include an assess- with the requirements of part I of the Fed- propriations for fiscal year 2020 for ment of the following: eral Power Act (16 U.S.C. 792 et seq.). military activities of the Department (1) The data and information that underlie (d) FLOOD POOL MANAGEMENT.— the quality ratings for community living of Defense, for military construction, (1) EXCLUSIVE JURISDICTION.—Notwith- and for defense activities of the De- standing any other provision of law, the Sec- centers operated by the Department. partment of Energy, to prescribe mili- retary shall have exclusive jurisdiction and (2) Trends in quality for such community tary personnel strengths for such fiscal responsibility for management of the flood living centers. pool for flood control operations at Grand (3) The use of quality ratings by the De- year, and for other purposes; which was partment to conduct oversight of such com- ordered to lie on the table; as follows: Lake O’ the Cherokees. (2) PROPERTY ACQUISITION.—If a feasibility munity living centers. At the end of subtitle H of title X, add the study or other investigation determines that (c) REPORT.—Not later than January 1, following: flood control operations at or associated 2021, the Comptroller General shall submit to SEC. 108ll. PENSACOLA DAM AND RESERVOIR, with Pensacola Dam, including any back- Congress a report on the results of the re- GRAND RIVER, OKLAHOMA. water effect, may result in the inundation of, view conducted under subsection (a). (a) PURPOSE.—The purpose of this section or damage to, land outside the project is to clarify Federal authorities and respon- boundary to which the United States does SA 743. Mr. BOOKER submitted an sibilities relating to the Pensacola Dam and not hold flowage rights or holds insufficient amendment intended to be proposed by Reservoir. flowage rights, the project licensee shall not him to the bill S. 1790, to authorize ap- (b) DEFINITIONS.—In this section: have any obligation to obtain or enhance propriations for fiscal year 2020 for (1) COMMISSION.—The term ‘‘Commission’’ those flowage rights. means the Federal Energy Regulatory Com- military activities of the Department (e) SAVINGS PROVISION.—Nothing in this mission. of Defense, for military construction, section affects, with respect to the project— (2) CONSERVATION POOL.—The term ‘‘con- and for defense activities of the De- (1) any authority or obligation of the Sec- servation pool’’ means all land and water of partment of Energy, to prescribe mili- retary or the Chief of Engineers pursuant to Grand Lake O’ the Cherokees, Oklahoma, section 2 of the Act of June 28, 1938 (com- tary personnel strengths for such fiscal below elevation 745 feet (Pensacola Datum). monly known as the ‘‘Flood Control Act of year, and for other purposes; which was (3) FLOOD POOL.—The term ‘‘flood pool’’ ordered to lie on the table; as follows: means all land and water of Grand Lake O’ 1938’’) (33 U.S.C. 701c–1); (2) any authority of the Secretary or the the Cherokees, Oklahoma, between elevation At the end of part II of subtitle F of title Chief of Engineers pursuant to section 7 of 745 feet and elevation 755 feet (Pensacola V, add the following: the Act of December 22, 1944 (commonly Datum). SEC. 582. EXPANSION OF ELIGIBILITY FOR THE known as the ‘‘Flood Control Act of 1944’’) (4) PROJECT.—The term ‘‘project’’ means MY CAREER ADVANCEMENT AC- the Pensacola Hydroelectric Project (FERC (33 U.S.C. 709); COUNT PROGRAM TO CERTAIN MILI- TARY SPOUSES. No. 1494). (3) any obligation of the United States to obtain flowage or other property rights pur- (a) ELIGIBILITY FOR PARTICIPANTS WHOSE (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Army. suant to the Act of July 31, 1946 (60 Stat. 743, SPOUSES RECEIVE PROMOTIONS.—A military (c) CONSERVATION POOL MANAGEMENT.— chapter 710); spouse who is participating in the My Career (1) FEDERAL LAND.—Notwithstanding sec- (4) any obligation of the United States to Advancement Account program of the De- tion 3(2) of the Federal Power Act (16 U.S.C. acquire flowage or other property rights for partment of Defense (in this section referred 796(2)), Federal land within the project, in- additional reservoir storage pursuant to Ex- to as the ‘‘Program’’) may not become ineli- cluding any right, title, or interest in or to ecutive Order 9839 (12 Fed. Reg. 2447; relating gible for the Program solely because the land held by the United States for any pur- to the Grand River Dam Project); member of the Armed Forces to whom the pose, shall not be considered to be— (5) any authority of the Secretary to ac- military spouse is married receives a pro- (A) a reservation for purposes of section quire real property interest pursuant to sec- motion in grade. 4(e) of that Act (16 U.S.C. 797(e)); tion 560 of the Water Resources Development (b) REPORT REQUIRED.— (B) land or other property of the United Act of 1996 (Public Law 104–303; 110 Stat. (1) IN GENERAL.—Not later than 180 days States for purposes of recompensing the 3783); after the date of the enactment of this Act, United States for the use, occupancy, or en- (6) any obligation of the Secretary to con- the Secretary of Defense shall submit to joyment of the land under section 10(e)(1) of duct and pay the cost of a feasibility study Congress a report on the Program. that Act (16 U.S.C. 803(e)(1)); or pursuant to section 449 of the Water Re- (2) ELEMENTS.—The report required by (C) land of the United States for purposes sources Development Act of 2000 (Public Law paragraph (1) shall include the following: of section 24 of that Act (16 U.S.C. 818). 106–541; 114 Stat. 2641); (A) An assessment of employment rates for (2) LICENSE CONDITIONS.— (7) the National Flood Insurance Program military spouses that identifies— (A) IN GENERAL.—Notwithstanding any established under the National Flood Insur- (i) the career fields most military spouses other provision of law, the Commission shall ance Act of 1968 (42 U.S.C. 4001 et seq.), in- frequently pursue; and not include in any license for the project any cluding any policy issued under that Act; or (ii) the extent to which such rates may be condition or other requirement relating to— (8) any disaster assistance made available improved by expanding the Program to in- (i) surface elevations of the conservation under the Robert T. Stafford Disaster Relief clude reimbursements for licensing reci- pool; and Emergency Assistance Act (42 U.S.C. procity. (ii) flood pool (except to the extent it ref- 5121 et seq.) or other Federal disaster assist- (B) An assessment of costs required to ex- erences flood control requirements pre- ance program. pand the Program as described in subpara- scribed by the Secretary of the Army); or graph (A)(ii). (iii) land or water above an elevation of 750 SA 742. Mr. MARKEY (for himself feet (Pensacola Datum). and Mr. TESTER) submitted an amend- SA 744. Mr. WICKER (for himself and (B) EXCEPTION.—Nothwithstanding sub- ment intended to be proposed by him Ms. CANTWELL) submitted an amend- paragraph (A)(i), the Commission shall, in to the bill S. 1790, to authorize appro- ment intended to be proposed by him consultation with the licensee, prescribe flexible target surface elevations of the con- priations for fiscal year 2020 for mili- to the bill S. 1790, to authorize appro- servation pool to the extent necessary for tary activities of the Department of priations for fiscal year 2020 for mili- the protection of life, health, property, or Defense, for military construction, and tary activities of the Department of the environment. for defense activities of the Depart- Defense, for military construction, and

VerDate Sep 11 2014 06:15 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.075 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3761 for defense activities of the Depart- (9) For expenses necessary to implement SEC. 3515. INDEPENDENT STUDY ON THE UNITED ment of Energy, to prescribe military the Port and Intermodal Improvement Pro- STATES MERCHANT MARINE ACAD- EMY. personnel strengths for such fiscal gram, $600,000,000, except that no funds shall (a) IN GENERAL.—Not later than 180 days year, and for other purposes; which was be used for a grant award to purchase fully automated cargo handling equipment that is after the date of enactment of this title, the ordered to lie on the table; as follows: remotely operated or remotely monitored Secretary of Transportation shall seek to Strike title XXXV and insert the fol- with or without the exercise of human inter- enter into an agreement with the National lowing: vention or control, if the Secretary deter- Academy of Public Administration (referred TITLE XXXV—MARITIME ADMINISTRATION mines such equipment would result in a net to in this section as the ‘‘Academy’’) to SEC. 3501. SHORT TITLE. loss of jobs that relate to the movement of carry out the activities described in this sec- This title may be cited as the ‘‘Maritime goods through a port and its intermodal con- tion. Administration Authorization and Enhance- nections. (b) STUDY ELEMENTS.—In accordance with the agreement described in subsection (a), ment Act of 2019’’. SEC. 3512. MARITIME SECURITY PROGRAM. the Academy shall conduct a study of the Subtitle A—Maritime Administration (a) AWARD OF OPERATING AGREEMENTS.— United States Merchant Marine Academy Section 53103 of title 46, United States Code, SEC. 3511. AUTHORIZATION OF THE MARITIME that consists of the following: ADMINISTRATION. is amended by striking ‘‘2025’’ each place it (1) A comprehensive assessment of the (a) IN GENERAL.—There are authorized to appears and inserting ‘‘2035’’. United States Merchant Marine Academy’s be appropriated to the Department of Trans- (b) EFFECTIVENESS OF OPERATING AGREE- systems, training, facilities, infrastructure, portation for fiscal year 2020, to be available MENTS.—Section 53104(a) of title 46, United information technology, and stakeholder en- without fiscal year limitation if so provided States Code, is amended by striking ‘‘2025’’ gagement. in appropriations Acts, for programs associ- and inserting ‘‘2035’’. (2) Identification of needs and opportuni- ated with maintaining the United States (c) PAYMENTS.—Section 53106(a)(1) of title ties for modernization to help the United Merchant Marine, the following amounts: 46, United States Code, is amended— States Merchant Marine Academy keep pace (1) For expenses necessary for operations of (1) in subparagraph (B), by striking ‘‘and’’ with more modern campuses. the United States Merchant Marine Acad- after the semicolon; (3) Development of an action plan for the emy, $95,944,000, of which— (2) in subparagraph (C), by striking United States Merchant Marine Academy (A) $77,944,000 shall remain available until ‘‘$3,700,000 for each of fiscal years 2022, 2023, with specific recommendations for— September 30, 2021 for Academy operations; 2024, and 2025.’’ and inserting ‘‘$5,233,463 for (A) improvements or updates relating to and each of fiscal years 2022, 2023, 2024, and 2025; the opportunities described in paragraph (2); (B) $18,000,000 shall remain available until and’’; and and expended for capital asset management at (3) by adding at the end the following: (B) systemic changes needed to help the the Academy. ‘‘(D) $5,233,463 for each of fiscal years 2026 United States Merchant Marine Academy (2) For expenses necessary to support the through 2035.’’. achieve its mission of inspiring and edu- State maritime academies, $50,280,000, of (d) AUTHORIZATION OF APPROPRIATIONS.— cating the next generation of the mariner which— Section 53111 of title 46, United States Code, workforce on a long-term basis. (A) $2,400,000 shall remain available until is amended— (c) DEADLINE AND REPORT.—Not later than September 30, 2021, for the Student Incentive (1) in paragraph (2), by striking ‘‘and’’ 1 year after the date of the agreement de- Program; after the semicolon; scribed in subsection (a), the Academy shall (B) $6,000,000 shall remain available until (2) in paragraph (3), by striking prepare and submit to the Administrator of expended for direct payments to such acad- ‘‘$222,000,000 for each fiscal year thereafter the Maritime Administration a report con- emies; through fiscal year 2025.’’ and inserting taining the action plan described in sub- (C) $30,080,000 shall remain available until ‘‘$314,007,780 for each of fiscal years 2022, 2023, section (b)(3), including specific findings and expended for maintenance and repair of 2024, and 2025; and’’; and recommendations. State maritime academy training vessels; (3) by adding at the end the following: (D) $3,800,000 shall remain available until ‘‘(4) $314,007,780 for each of fiscal years 2026 SEC. 3516. GENERAL SUPPORT PROGRAM. expended for training ship fuel assistance; through 2035.’’. Section 51501 of title 46, United States and SEC. 3513. DEPARTMENT OF TRANSPORTATION Code, is amended by adding at the end the (E) $8,000,000 shall remain available until INSPECTOR GENERAL REPORT. following: expended for offsetting the costs of training The Inspector General of the Department ‘‘(c) NATIONAL MARITIME CENTERS OF EX- ship sharing. of Transportation shall— CELLENCE.—The Secretary shall designate (3) For expenses necessary to support the (1) not later than 180 days after the date of each State maritime academy as a National National Security Multi-Mission Vessel Pro- enactment of this title, initiate an audit of Maritime Center of Excellence.’’. gram, $600,000,000, which shall remain avail- the Maritime Administration’s actions to ad- SEC. 3517. MILITARY TO MARINER. able until expended. dress only those recommendations from (a) CREDENTIALING SUPPORT.—Not later (4) For expenses necessary to support Mari- Chapter 3 and recommendations 5-1, 5-2, 5-3, than 1 year after the date of enactment of time Administration operations and pro- 5-4, 5-5, and 5-6 identified by a National this title, the Secretary of Defense, the Sec- grams, $60,442,000, of which $5,000,000 shall re- Academy of Public Administration panel in retary of the Department in which the Coast main available until expended for activities the November 2017 report entitled ‘‘Maritime Guard operates, the Secretary of Commerce, authorized under section 50307 of title 46, Administration: Defining its Mission, Align- and the Secretary of Health and Human United States Code. ing its Programs, and Meeting its Objec- Services, with respect to the applicable serv- (5) For expenses necessary to dispose of tives’’; and ices in their respective departments, and in vessels in the National Defense Reserve (2) submit to the Committee on Commerce, coordination with one another and with the Fleet, $5,000,000, which shall remain avail- Science, and Transportation of the Senate United States Committee on the Marine able until expended. and the Committee on Transportation and Transportation System, and in consultation (6) For expenses necessary to maintain and Infrastructure of the House of Representa- with the Merchant Marine Personnel Advi- preserve a United States flag Merchant Ma- tives a report containing the results of that sory Committee, shall, consistent with appli- rine to serve the national security needs of audit once the audit is completed. cable law, identify all training and experi- the United States under chapter 531 of title SEC. 3514. APPOINTMENT OF CANDIDATES AT- ence within the applicable service that may 46, United States Code, $300,000,000, which TENDING SPONSORED PRE- qualify for merchant mariner credentialing, shall remain available until expended. PARATORY SCHOOL. and submit a list of all identified training (7) For expenses necessary for the loan Section 51303 of title 46, United State Code, and experience to the United States Coast guarantee program authorized under chapter is amended— Guard National Maritime Center for a deter- 537 of title 46, United States Code, $33,000,000, (1) by striking ‘‘The Secretary’’ and insert- mination of whether such training and expe- of which— ing the following: rience counts for credentialing purposes. (A) $30,000,000 may be used for the cost (as ‘‘(a) IN GENERAL.—The Secretary’’; and (b) REVIEW OF APPLICABLE SERVICE.—The defined in section 502(5) of the Federal Credit (2) by adding at the end the following: United States Coast Guard Commandant Reform Act of 1990 (2 U.S.C. 661a(5)) of loan ‘‘(b) APPOINTMENT OF CANDIDATES SE- shall make a determination of whether guarantees under the program, which shall LECTED FOR PREPARATORY SCHOOL SPONSOR- training and experience counts for remain available until expended; and SHIP.—The Secretary of Transportation may credentialing purposes, as described in sub- (B) $3,000,000 may be used for administra- appoint each year as cadets at the United section (a), not later than 6 months after the tive expenses relating to loan guarantee States Merchant Marine Academy not more date on which the United States Coast Guard commitments under the program. than 40 qualified individuals sponsored by National Maritime Center receives a submis- (8) For expenses necessary to provide as- the Academy to attend preparatory school sion under subsection (a) identifying a train- sistance to small shipyards and for maritime during the academic year prior to entrance ing or experience and requesting such a de- training programs under section 54101 of title in the Academy, and who have successfully termination. 46, United States Code, $40,000,000, which met the terms and conditions of sponsorship (c) FEES AND SERVICES.—The Secretary of shall remain available until expended. set by the Academy.’’. Defense, the Secretary of the Department in

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which the Coast Guard operates, and the FLEET VESSELS AND THE PROVISION OF MARI- SEC. 3519. SALVAGE RECOVERIES FOR SUB- Secretary of Commerce, with respect to the TIME-RELATED SERVICES.— ROGATED OWNERSHIP OF VESSELS AND CARGOES. applicable services in their respective de- ‘‘(1) IN GENERAL.—When the Secretary of partments, shall— Transportation provides for the use of its Section 53909 of title 46, United States (1) take all necessary and appropriate ac- vessels or maritime-related services and Code, is amended by adding at the end the tions to provide for the waiver of fees goods under a reimbursable agreement with following: through the National Maritime Center li- a Federal entity, or State or local entity, au- ‘‘(e) SALVAGE AGREEMENTS.—The Secretary cense evaluation, issuance, and examination thorized to receive goods and services from of Transportation is authorized to enter into for members of the uniformed services on ac- the Maritime Administration for programs, marine salvage agreements for the recov- tive duty, if a waiver is authorized and ap- projects, activities, and expenses related to eries, sale, and disposal of sunken or dam- propriate, and, if a waiver is not granted, the National Defense Reserve Fleet or mari- aged vessels, cargoes, or properties owned or take all necessary and appropriate actions to time-related services: insured by or on behalf of the Maritime Ad- provide for the payment of fees for members ‘‘(A) Federal entities are authorized to ministration, the United States Shipping of the uniformed services on active duty by transfer funds to the Secretary in advance of Board, the U.S. Shipping Bureau, the United the applicable service to the fullest extent expenditure or upon providing the goods or States Maritime Commission, or the War permitted by law; services ordered, as determined by the Sec- Shipping Administration. (2) direct the applicable services to take all retary. ‘‘(f) MILITARY CRAFT.—The Secretary of necessary and appropriate actions to provide ‘‘(B) The Secretary shall determine all Transportation shall consult with the Sec- for Transportation Worker Identification other terms and conditions under which such retary of the military department concerned Credential cards for members of the uni- payments should be made and provide such prior to engaging in or authorizing any ac- formed services on active duty pursuing or goods and services using its existing or new tivity under subsection (e) that will disturb possessing a mariner credential, such as im- contracts, including general agency agree- sunken military craft, as defined in title XIV plementation of an equal exchange process ments, memoranda of understanding, or of the Ronald W. Reagan National Defense for active duty service members at no or similar agreements. Authorization Act for Fiscal Year 2005 (10 minimal cost; ‘‘(2) REIMBURSABLE AGREEMENT WITH A FED- U.S.C. 113 note). (3) ensure that members of the applicable ERAL ENTITY.— ‘‘(g) RECOVERIES.—Notwithstanding other services who are to be discharged or released ‘‘(A) IN GENERAL.—The Maritime Adminis- provisions of law, the net proceeds from sal- from active duty and who request certifi- tration is authorized to provide maritime-re- vage agreements entered into as authorized cation or verification of sea service be pro- lated services and goods under a reimburs- in subsection (e) shall remain available until vided such certification or verification no able agreement with a Federal entity. expended and be distributed as follows for later than one month after discharge or re- ‘‘(B) MARITIME-RELATED SERVICES DE- marine insurance-related salvages: lease; FINED.—For the purposes of this subsection, ‘‘(1) Fifty percent of the net funds recov- (4) ensure the applicable services have de- maritime-related services includes the acqui- ered shall be deposited in the war risk re- veloped, or continue to operate, as appro- sition, procurement, operation, mainte- volving fund and shall be available for the priate, the online resource known as nance, preservation, sale, lease, charter, con- purposes of the war risk revolving fund. Credentialing Opportunities On-Line to sup- struction, reconstruction, or reconditioning ‘‘(2) Fifty percent of the net funds recov- port separating members of the uniformed (including outfitting and equipping inci- ered shall be deposited in the Vessel Oper- services who are seeking information and as- dental to construction, reconstruction, or re- ations Revolving Fund as established by sec- sistance on merchant mariner credentialing; conditioning) of a merchant vessel or ship- tion 50301(a) of this title and shall be avail- and yard, ship site, terminal, pier, dock, ware- able until expended as follows: (5) not later than 1 year after the date of house, or other installation related to the ‘‘(A) Fifty percent shall be available to the enactment of this section, take all necessary maritime operations of a Federal entity. Administrator of the Maritime Administra- and appropriate actions to review and imple- ‘‘(3) SALVAGING CARGOES.— tion for such acquisition, maintenance, re- ment service-related medical certifications ‘‘(A) IN GENERAL.—The Maritime Adminis- pair, reconditioning, or improvement of ves- to merchant mariner credential require- tration may provide services and purchase sels in the National Defense Reserve Fleet as ments. goods relating to the salvaging of cargoes is authorized under other Federal law. (d) ADVANCING MILITARY TO MARINER WITH- aboard vessels in the custody or control of ‘‘(B) Twenty-five percent shall be available IN THE EMPLOYER AGENCIES.— the Maritime Administration or its prede- to the Administrator of the Maritime Ad- (1) IN GENERAL.—The Secretary of Defense, cessor agencies and receive and retain reim- ministration for the payment or reimburse- the Secretary of the Department in which bursement from Federal entities for all such ment of expenses incurred by or on behalf of the Coast Guard operates, and the Secretary costs as it may incur. State maritime academies or the United of Commerce shall have direct hiring author- ‘‘(B) REIMBURSEMENT.—Reimbursement as States Merchant Marine Academy for facility to employ separated members of the uni- provided for in subparagraph (A) may come ity and training ship maintenance, repair, formed services with valid merchant mariner from— and modernization, and for the purchase of licenses or sea service experience in support ‘‘(i) the proceeds recovered from such sal- simulators and fuel. of United States national maritime needs, vage; or ‘‘(C) The remainder shall be distributed for including the Army Corps of Engineers, U.S. ‘‘(ii) the Federal entity for which the Mari- maritime heritage preservation to the De- Customs and Border Protection, and the Na- time Administration has or will provide such partment of the Interior for grants as au- tional Oceanic and Atmospheric Administra- goods and services, depending on the agree- thorized by section 308703 of title 54.’’. tion. ment of the parties involved. SEC. 3520. PORT OPERATIONS, RESEARCH, AND (2) APPOINTMENTS OF RETIRED MEMBERS OF ‘‘(4) AMOUNTS RECEIVED.—Amounts re- TECHNOLOGY. THE ARMED FORCES.—Except in the case of po- ceived as reimbursements under this sub- (a) SHORT TITLE.—This section may be sitions in the Senior Executive Service, the section shall be credited to the fund or ac- cited as the ‘‘Ports Improvement Act’’. requirements of section 3326(b) of title 5, count that was used to cover the costs in- (b) PORT AND INTERMODAL IMPROVEMENT United States Code, shall not apply with re- curred by the Secretary or, if the period of PROGRAM.—Section 50302 of title 46, United spect to the hiring of a separated member of availability of obligations for that appro- States Code, is amended by striking sub- the uniformed services under paragraph (1). priation has expired, to the appropriation of section (c) and inserting the following: (e) SEPARATED MEMBER OF THE UNIFORMED funds that is currently available to the Sec- ‘‘(c) PORT AND INTERMODAL IMPROVEMENT SERVICES.—In this section, the term ‘‘sepa- retary for substantially the same purpose. PROGRAM.— rated member of the uniformed services’’ Amounts so credited shall be merged with ‘‘(1) GENERAL AUTHORITY.—Subject to the means an individual who— amounts in such fund or account and shall be availability of appropriations, the Secretary (1) is retiring or is retired as a member of available for the same purposes, and subject of Transportation shall make grants, on a the uniformed services; to the same conditions and limitations, as competitive basis, to eligible applicants to (2) is voluntarily separating or voluntarily amounts in such fund or account. assist in funding eligible projects for the pur- separated from the uniformed services at the ‘‘(5) ADVANCE PAYMENTS.—Payments made pose of improving the safety, efficiency, or end of enlistment or service obligation; or in advance shall be for any part of the esti- reliability of the movement of goods through (3) is administratively separating or has mated cost as determined by the Secretary ports and intermodal connections to ports. administratively separated from the uni- of Transportation. Adjustments to the ‘‘(2) ELIGIBLE APPLICANT.—The Secretary formed services with an honorable or general amounts paid in advance shall be made as may make a grant under this subsection to discharge characterization. agreed to by the Secretary of Transportation the following: SEC. 3518. SALVAGE RECOVERIES OF FEDERALLY and the head of the ordering agency or unit ‘‘(A) A State. OWNED CARGOES. based on the actual cost of goods or services ‘‘(B) A political subdivision of a State, or a Section 57100 of title 46, United States provided. local government. Code, is amended by adding at the end the ‘‘(6) BILL OR REQUEST FOR PAYMENT.—A bill ‘‘(C) A public agency or publicly chartered following: submitted or a request for payment is not authority established by 1 or more States. ‘‘(h) FUNDS TRANSFER AUTHORITY RELATED subject to audit or certification in advance ‘‘(D) A special purpose district with a TO THE USE OF NATIONAL DEFENSE RESERVE of payment.’’. transportation function.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.088 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3763 ‘‘(E) An Indian Tribe (as defined in section or financial assistance available to the such requirements apply to contracts subject 4 of the Indian Self-Determination and Edu- project sponsor. to such subchapter, to— cation Assistance Act (25 U.S.C. 5304), with- ‘‘(B) ADDITIONAL CONSIDERATIONS.—In se- ‘‘(i) each project for which a grant is pro- out regard to capitalization), or a consor- lecting projects described in paragraph (3) vided under this subsection; and tium of Indian Tribes. for funding under this subsection, the Sec- ‘‘(ii) all portions of a project described in ‘‘(F) A multistate or multijurisdictional retary shall give substantial weight to— clause (i), regardless of whether such a por- group of entities described in this paragraph. ‘‘(i) the utilization of non-Federal con- tion is funded using— ‘‘(G) A lead entity described in subpara- tributions; ‘‘(I) other Federal funds; or graph (A), (B), (C), (D), (E), or (F) jointly ‘‘(ii) the net benefits of the funds awarded ‘‘(II) non-Federal funds. with a private entity or group of private en- under this subsection, considering the cost- ‘‘(11) LIMITATION ON STATUTORY CONSTRUC- tities. benefit analysis of the project, as applicable; TION.—Nothing in this subsection shall be ‘‘(3) ELIGIBLE PROJECTS.—The Secretary and construed to affect existing authorities to may make a grant under this subsection— ‘‘(iii) the public benefits of the funds conduct port infrastructure programs in— ‘‘(A) for a project, or package of projects, awarded under this subsection. ‘‘(A) Hawaii, as authorized by section 9008 that— ‘‘(C) SMALL PROJECTS.—The Secretary may of the SAFETEA-LU Act (Public Law 109–59; ‘‘(i) is either— waive the cost-benefit analysis under sub- 119 Stat. 1926); ‘‘(I) within the boundary of a port; or paragraph (A)(ii), and establish a simplified, ‘‘(B) Alaska, as authorized by section 10205 ‘‘(II) outside the boundary of a port, but is alternative basis for determining whether a of the SAFETEA-LU Act (Public Law 109–59; project is cost effective, for a small project directly related to port operations or to an 119 Stat. 1934); or described in paragraph (7)(B). intermodal connection to a port; and ‘‘(C) Guam, as authorized by section 3512 of ‘‘(7) ALLOCATION OF FUNDS.— ‘‘(ii) will be used to improve the safety, ef- the Duncan Hunter National Defense Au- ‘‘(A) GEOGRAPHIC DISTRIBUTION.—Not more ficiency, or reliability of— thorization Act for Fiscal Year 2009 (48 than 25 percent of the amounts made avail- ‘‘(I) the loading and unloading of goods at U.S.C. 1421r). able for grants under this subsection for a the port, such as for marine terminal equip- ‘‘(12) ADMINISTRATION.— fiscal year may be used to make grants for ment; ‘‘(A) ADMINISTRATIVE AND OVERSIGHT projects in any 1 State. ‘‘(II) the movement of goods into, out of, COSTS.—The Secretary may retain not more ‘‘(B) SMALL PROJECTS.—The Secretary shall than 2 percent of the amounts appropriated around, or within a port, such as for highway reserve 25 percent of the amounts made or rail infrastructure, intermodal facilities, for each fiscal year under this subsection for available for grants under this subsection the administrative and oversight costs in- freight intelligent transportation systems, each fiscal year to make grants for eligible and digital infrastructure systems; or curred by the Secretary to carry out this projects described in paragraph (3)(A) that subsection. ‘‘(III) environmental mitigation measures request the lesser of— ‘‘(B) AVAILABILITY.— and operational improvements directly re- ‘‘(i) 10 percent of the amounts made avail- ‘‘(i) IN GENERAL.—Amounts appropriated lated to enhancing the efficiency of ports able for grants under this subsection for a and intermodal connections to ports; or for carrying out this subsection shall remain fiscal year; or available until expended. ‘‘(B) notwithstanding paragraph (6)(A)(v), ‘‘(ii) $11,000,000. ‘‘(ii) UNEXPENDED FUNDS.—Amounts award- to provide financial assistance to 1 or more ‘‘(C) DEVELOPMENT PHASE ACTIVITIES.—Not ed as a grant under this subsection that are projects under subparagraph (A) for develop- more than 10 percent of the amounts made not expended by the grantee during the 5- ment phase activities, including planning, available for grants under this subsection for year period following the date of the award feasibility analysis, revenue forecasting, en- a fiscal year may be used to make grants for shall remain available to the Secretary for vironmental review, permitting, and prelimi- development phase activities under para- use for grants under this subsection in a sub- nary engineering and design work. graph (3)(B). sequent fiscal year. ‘‘(4) PROHIBITED USES.—A grant award ‘‘(8) FEDERAL SHARE OF TOTAL PROJECT ‘‘(13) DEFINITIONS.—In this subsection: under this subsection may not be used— COSTS.— ‘‘(A) APPROPRIATE COMMITTEES OF CON- ‘‘(A) to finance or refinance the construc- ‘‘(A) TOTAL PROJECT COSTS.—To be eligible GRESS.—The term ‘appropriate committees tion, reconstruction, reconditioning, or pur- for a grant under this subsection, an eligible chase of a vessel that is eligible for such as- applicant shall submit to the Secretary an of Congress’ means— sistance under chapter 537, unless the Sec- estimate of the total costs of a project under ‘‘(i) the Committee on Commerce, Science, retary determines such vessel— this subsection based on the best available and Transportation of the Senate; and ‘‘(i) is necessary for a project described in information, including any available engi- ‘‘(ii) the Committee on Transportation and paragraph (3)(A)(ii)(III) of this subsection; neering studies, studies of economic feasi- Infrastructure of the House of Representa- and bility, environmental analyses, and informa- tives. ‘‘(ii) is not receiving assistance under tion on the expected use of equipment or fa- ‘‘(B) PORT.—The term ‘port’ includes— chapter 537; or cilities. ‘‘(i) a seaport; and ‘‘(B) for any project within a small ship- ‘‘(B) FEDERAL SHARE.— ‘‘(ii) an inland waterways port. yard (as defined in section 54101). ‘‘(i) IN GENERAL.—Except as provided in ‘‘(C) PROJECT.—The term ‘project’ includes ‘‘(5) APPLICATIONS AND PROCESS.— clause (ii), the Federal share of the total construction, reconstruction, environmental ‘‘(A) APPLICATIONS.—To be eligible for a costs of a project under this subsection shall rehabilitation, acquisition of property, in- grant under this subsection, an eligible ap- not exceed 80 percent. cluding land related to the project and im- plicant shall submit to the Secretary an ap- ‘‘(ii) RURAL AREAS.—The Secretary may in- provements to the land, equipment acquisi- plication in such form, at such time, and crease the Federal share of costs above 80 tion, and operational improvements. containing such information as the Sec- percent for a project located in a rural area. ‘‘(D) RURAL AREA.—The term ‘rural area’ retary considers appropriate. ‘‘(9) PROCEDURAL SAFEGUARDS.—The Sec- means an area that is outside an urbanized ‘‘(B) SOLICITATION PROCESS.—Not later than retary shall issue guidelines to establish ap- area. 60 days after the date that amounts are made propriate accounting, reporting, and review ‘‘(d) ADDITIONAL AUTHORITY OF THE SEC- available for grants under this subsection for procedures to ensure that— RETARY.—In carrying out this section, the a fiscal year, the Secretary shall solicit ‘‘(A) grant funds are used for the purposes Secretary may— grant applications for eligible projects in ac- for which those funds were made available; ‘‘(1) receive funds from a Federal or non- cordance with this subsection. ‘‘(B) each grantee properly accounts for all Federal entity that has a specific agreement ‘‘(6) PROJECT SELECTION CRITERIA.— expenditures of grant funds; and with the Secretary to further the purposes of ‘‘(A) IN GENERAL.—The Secretary may se- ‘‘(C) grant funds not used for such purposes this section; lect a project described in paragraph (3) for and amounts not obligated or expended are ‘‘(2) coordinate with other Federal agencies funding under this subsection if the Sec- returned. to expedite the process established under the retary determines that— ‘‘(10) CONDITIONS.— National Environmental Policy Act of 1969 ‘‘(i) the project improves the safety, effi- ‘‘(A) IN GENERAL.—The Secretary shall re- (42 U.S.C. 4321 et seq.) for the improvement ciency, or reliability of the movement of quire as a condition of making a grant under of port facilities to improve the efficiency of goods through a port or intermodal connec- this subsection that a grantee— the transportation system, to increase port tion to a port; ‘‘(i) maintain such records as the Secretary security, or to provide greater access to port ‘‘(ii) the project is cost effective; considers necessary; facilities; ‘‘(iii) the eligible applicant has authority ‘‘(ii) make the records described in clause ‘‘(3) seek to coordinate all reviews or re- to carry out the project; (i) available for review and audit by the Sec- quirements with appropriate Federal, State, ‘‘(iv) the eligible applicant has sufficient retary; and and local agencies; and funding available to meet the matching re- ‘‘(iii) periodically report to the Secretary ‘‘(4) in addition to any financial assistance quirements under paragraph (8); such information as the Secretary considers provided under subsection (c), provide such ‘‘(v) the project will be completed without necessary to assess progress. technical assistance to port authorities or unreasonable delay; and ‘‘(B) LABOR.—The Federal wage rate re- commissions or their subdivisions and agents ‘‘(vi) the project cannot be easily and effi- quirements of subchapter IV of chapter 31 of as needed for project planning, design, and ciently completed without Federal funding title 40 shall apply, in the same manner as construction.’’.

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(c) SAVINGS CLAUSE.—A repeal made by ‘‘(iv) reducing propeller cavitation; and building or work and that are produced as subsection (b) of this section shall not affect ‘‘(B) the efficiency and safety of domestic complete systems, are evaluated as a single amounts apportioned or allocated before the maritime industries; and and distinct construction material regard- effective date of the repeal. Such appor- ‘‘(2) coordinate with the Environmental less of when or how the individual parts or tioned or allocated funds shall continue to be Protection Agency, the Coast Guard, and components of those systems are delivered to subject to the requirements to which the other Federal, State, local, or tribal agen- the construction site. funds were subject under section 50302(c) of cies, as appropriate.’’. ‘‘(iii) The term ‘United States’ includes the title 46, United States Code, as in effect on (3) in subsection (c)(2), by striking ‘‘bene- District of Columbia, the Commonwealth of the day before the date of enactment of this fits’’ and inserting ‘‘or other benefits to do- Puerto Rico, the Northern Mariana Islands, title. mestic maritime industries’’; and Guam, American Samoa, and the Virgin Is- SEC. 3521. ASSESSMENT AND REPORT ON STRA- (4) by adding at the end the following: lands.’’. ‘‘(e) LIMITATIONS ON THE USE OF FUNDS.—. TEGIC SEAPORTS. SEC. 3524. IMPROVEMENT OF NATIONAL OCEANO- Not more than 3 percent of funds appro- (a) IN GENERAL.—Not later than 90 days GRAPHIC PARTNERSHIP PROGRAM. priated to carry out this program may be after the date of the enactment of this title, (a) ADDITIONAL MEANS OF ACHIEVEMENT OF used for administrative purposes.’’. the Secretary of Defense shall submit to the GOALS OF PROGRAM THROUGH OCEANOGRAPHIC SEC. 3523. REQUIREMENT FOR SMALL SHIPYARD congressional defense committees a report EFFORTS.—Section 8931(b)(2)(A) of title 10, GRANTEES. on port facilities used for military purposes Section 54101(d) of title 46, United States United States Code, is amended— at ports designated by the Department of De- Code, is amended— (1) by inserting ‘‘, creating,’’ after ‘‘identi- fense as strategic seaports. (1) by striking ‘‘Grants awarded’’ and in- fying’’; and LEMENTS.—The report required by sub- (b) E serting the following: (2) by inserting ‘‘science,’’ after ‘‘areas of’’. section (a) shall include, with respect to port ‘‘(1) IN GENERAL.—Grants awarded’’; and (b) NATIONAL OCEAN RESEARCH LEADERSHIP facilities included in the report, the fol- (2) by adding at the end the following: COUNCIL MEMBERSHIP.—Section 8932 of title lowing: ‘‘(2) BUY AMERICA.— 10, United States Code, is amended— (1) An assessment whether there are struc- ‘‘(A) IN GENERAL.—Subject to subparagraph (1) by redesignating subsections (f) through tural integrity or other deficiencies in such (B), no funds may be obligated by the Admin- (h) as subsections (g) through (i), respec- facilities. istrator of the Maritime Administration tively; (2) If there are such deficiencies— under this section, unless each product and (2) in subsection (b)— (A) an assessment of infrastructure im- material purchased with those funds (includ- (A) by striking paragraph (10); provements to such facilities that would be ing products and materials purchased by a (B) by redesignating paragraphs (11) needed to meet, directly or indirectly, na- grantee), and including any commercially through (14) as paragraphs (12) through (15), tional security and readiness requirements; available off-the-shelf item, is— respectively; and (B) an assessment of the impact on oper- ‘‘(i) an unmanufactured article, material, (C) by inserting after paragraph (9) the fol- ational readiness of the Armed Forces if such or supply that has been mined or produced in lowing new paragraphs: improvements are not undertaken; and the United States; or ‘‘(10) The Director of the Bureau of Ocean (C) an identification of, to the maximum ‘‘(ii) a manufactured article, material, or Energy Management of the Department of extent practical, all potential funding supply that has been manufactured in the the Interior. sources for such improvements from existing United States substantially all from articles, ‘‘(11) The Director of the Bureau of Safety authorities. materials, or supplies mined, produced, or and Environmental Enforcement of the De- (3) An identification of the support that manufactured in the United States. partment of the Interior.’’; would be appropriate for the Department of ‘‘(B) EXCEPTIONS.— (3) in subsection (d)— Defense to provide in the execution of the ‘‘(i) IN GENERAL.—Notwithstanding sub- (A) in paragraph (2)— Secretary of Transportation’s responsibil- paragraph (A), the requirements of that sub- (i) in subparagraph (B), by striking ‘‘broad ities under section 50302 of title 46, United paragraph shall not apply with respect to a participation within the oceanographic com- States Code, with respect to such facilities. particular product or material if the Admin- munity’’ and inserting ‘‘appropriate partici- (4) If additional statutory or administra- istrator determines— pation within the oceanographic community, tive authorities would be required for the ‘‘(I) that the application of those require- which may include public, academic, com- provision of support as described in para- ments would be inconsistent with the public mercial, and private participation or sup- graph (3), recommendations for legislative or interest; port’’; and administrative action to establish such au- ‘‘(II) that such product or material is not (ii) in subparagraph (E), by striking thorities. available in the United States in sufficient ‘‘peer’’; and (c) CONSULTATION.—The Secretary of De- and reasonably available quantities, of a sat- (B) in paragraph (3), by striking subpara- fense shall prepare the report required by isfactory quality, or on a timely basis; or graph (D) and inserting the following: subsection (a) in consultation with the Mari- ‘‘(III) that inclusion of a domestic product ‘‘(D) Preexisting facilities, such as regional time Administrator and the individual re- or material will increase the cost of that data centers operated by the Integrated sponsible for each port facility described in product or material by more than 25 percent, Ocean Observing System, and expertise.’’; such subsection. with respect to a certain contract between a (4) in subsection (e)— SEC. 3522. MARITIME TECHNICAL ASSISTANCE grantee and that grantee’s supplier. (A) in the subsection heading by striking PROGRAM. ‘‘(ii) FEDERAL REGISTER.—A determination ‘‘REPORT’’ and inserting ‘‘BRIEFING’’; Section 50307 of title 46, United States made by the Administrator under this sub- (B) in the matter preceding paragraph (1), Code, is amended— paragraph shall be published in the Federal by striking ‘‘to Congress a report’’ and in- (1) in subsection (a), by striking ‘‘The Sec- Register. serting ‘‘to the Committee on Commerce, retary of Transportation may engage in the ‘‘(C) DEFINITIONS.—ln this paragraph: Science, and Transportation of the Senate, environmental study’’ and inserting ‘‘The ‘‘(i) The term ‘commercially available off- the Committee on Armed Services of the Maritime Administrator, on behalf of the the-shelf item’ means— Senate, the Committee on Energy and Nat- Secretary of Transportation, shall engage in ‘‘(I) any item of supply (including con- ural Resources of the Senate, the Committee the study’’; struction material) that is— on Natural Resources of the House of Rep- (2) in subsection (b)— ‘‘(aa) a commercial item, as defined by sec- resentatives, and the Committee on Armed (A) in the matter preceding paragraph (1), tion 2.101 of title 48, Code of Federal Regula- Services of the House of Representatives a by striking ‘‘may’’ and inserting ‘‘shall’’; tions (as in effect on the date of enactment briefing’’; and of the Maritime Administration Authoriza- (C) by striking ‘‘report’’ and inserting (B) in paragraph (1)— tion and Enhancement Act of 2019); and ‘‘briefing’’ each place the term appears; (i) in the matter preceding subparagraph ‘‘(bb) sold in substantial quantities in the (D) by striking paragraph (4) and inserting (A), by striking ‘‘that are likely to achieve commercial marketplace; and the following: environmental improvements by’’ and insert- ‘‘(II) does not include bulk cargo, as de- ‘‘(4) A description of the involvement of ing ‘‘to improve’’; fined in section 40102(4) of this title, such as Federal agencies and non-Federal contribu- (ii) by redesignating subparagraphs (A) agricultural products and petroleum prod- tors participating in the program.’’; and through (C) as clauses (i) through (iii), re- ucts. (E) in paragraph (5), by striking ‘‘and the spectively; ‘‘(ii) The term ‘product or material’ means estimated expenditures under such pro- (iii) by inserting before clause (i), the fol- an article, material, or supply brought to the grams, projects, and activities during such lowing: site by the recipient for incorporation into following fiscal year’’ and inserting ‘‘and the ‘‘(A) environmental performance to meet the building, work, or project. The term also estimated expenditures under such pro- United States Federal and international includes an item brought to the site grams, projects, and activities of the pro- standards and guidelines, including—’’; and preassembled from articles, materials, or gram during such following fiscal year’’; (iv) in clause (iii), as redesignated by supplies. However, emergency life safety sys- (5) by inserting after subsection (e) the fol- clause (ii), by striking ‘‘species; and’’ and all tems, such as emergency lighting, fire alarm, lowing: that follows through the end of the sub- and audio evacuation systems, that are dis- ‘‘(f) REPORT.—Not later than March 1 of section and inserting ‘‘species; or crete systems incorporated into a public each year, the Council shall publish on a

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.088 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3765 publically available website a report summa- ministrator, in consultation with the Sec- (B) by striking ‘‘facilities’’ and all that fol- rizing the briefing described in subsection retary of Defense, the Secretary of the De- lows through the end of the subsection and (e).’’; partment in which the Coast Guard Oper- inserting ‘‘facilities.’’; and (6) in subsection (g), as redesignated by ates, or the heads of other Federal agencies, (2) in subsection (c)(4)— paragraph (1)— as described in section 53703(d).’’. (A) by striking subparagraph (A); and (A) by striking paragraph (1) and inserting (b) PREFERRED LENDER.—Section 53702(a) of (B) by redesignating subparagraphs (B) the following: title 46, United States Code, is amended by through (K), as subparagraphs (A) through ‘‘(1) The Secretary of the Navy shall estab- adding at the end the following: (J), respectively. lish an office to support the National Ocean- ‘‘(2) PREFERRED ELIGIBLE LENDER.—The (e) ELIGIBLE PURPOSES OF OBLIGATIONS.— ographic Partnership Program. The Council Federal Financing Bank shall be the pre- Section 53706 of title 46, United States Code, shall use competitive procedures in selecting ferred eligible lender of the principal and in- is amended— an operator for the partnership program of- terest of the guaranteed obligations issued (1) in subsection (a)(1)(A)— fice.’’; and under this chapter.’’. (A) in the matter preceding clause (i), by (B) in paragraph (2)(B), by inserting ‘‘, (c) APPLICATION AND ADMINISTRATION.— striking ‘‘(including an eligible export ves- where appropriate,’’ before ‘‘managing’’; and Section 53703 of title 46, United States Code, sel);’’ (7) by amending subsection (h), as redesig- is amended— (B) in clause (iv) by adding ‘‘or’’ after the nated by paragraph (1), to read as follows: (1) in the section heading, by striking semicolon; ‘‘(h) CONTRACT AND GRANT AUTHORITY.— ‘‘procedures’’ and inserting ‘‘and administra- (C) in clause (v), by striking ‘‘; or’’ and in- ‘‘(1) IN GENERAL.—To carry out the pur- tion’’; serting a period; and poses of the National Oceanographic Part- (2) by adding at the end the following: (D) by striking clause (vi); and nership Program, the Council shall have, in ‘‘(c) INDEPENDENT ANALYSIS.— (2) in subsection (c)(1)— addition to other powers otherwise given it ‘‘(1) IN GENERAL.—To assess and mitigate (A) in subparagraph (A), by striking ‘‘and’’ under this chapter, the following authorities: the risks due to factors associated with mar- after the semicolon; ‘‘(A) To authorize one or more of the de- kets, technology, financial, or legal struc- (B) in subparagraph (B)(ii), by striking the partments or agencies represented on the tures related to an application or guarantee period at the end and inserting ‘‘; and’’; and Council to enter into contracts and make under this chapter, the Secretary or Admin- (C) by adding at the end the following: grants or cooperative agreements, and estab- istrator may utilize third party experts, in- ‘‘(C) after applying subparagraphs (A) and lish and manage new collaborative programs cluding legal counsel, to— (B), Vessels of National Interest.’’. as considered appropriate, to address emerg- ‘‘(A) process and review applications under (f) AMOUNT OF OBLIGATIONS.—Section ing science priorities using both donated and this chapter, including conducting inde- 53709(b) of title 46, United States Code, is appropriated funds. pendent analysis and review of aspects of an amended— ‘‘(B) To authorize the program office under application; (1) by striking paragraphs (3) and (6); and subsection (g), on behalf of and subject to ‘‘(B) represent the Secretary or Adminis- (2) by redesignating paragraphs (4) and (5) the direction and approval of the Council, to trator in structuring and documenting the as paragraphs (3) and (4), respectively. accept funds, including fines and penalties, obligation guarantee; (g) CONTENTS OF OBLIGATIONS.—Section from other Federal and State departments ‘‘(C) analyze and review aspects of, struc- 53710 of title 46, United States Code, is and agencies. ture, and document the obligation guarantee amended— ‘‘(C) To authorize the program office, on during the term of the guarantee; (1) in subsection (a)(4)— behalf of and subject to the direction and ap- ‘‘(D) recommend financial covenants or fi- (A) in subparagraph (A)— proval of the Council, to award grants and nancial ratios to be met by the applicant (i) by striking ‘‘or, in the case of’’ and all enter into contracts for purposes of the Na- during the time a guarantee under this chap- that follows through ‘‘party’’; and tional Oceanographic Partnership Program. ter is outstanding that are— (ii) by striking ‘‘and’’ after the semicolon; ‘‘(D) To transfer funds to other Federal and ‘‘(i) based on the financial covenants or fi- and State departments and agencies in further- nancial ratios, if any, that are then applica- (B) in subparagraph (B), by striking the pe- ance of the purposes of the National Oceano- ble to the obligor under private sector credit riod at the end and inserting ‘‘; and’’; and graphic Partnership Program. agreements; and (C) by adding at the end the following: ‘‘(E) To authorize one or more of the de- ‘‘(ii) in lieu of other financial covenants ‘‘(C) documented under the laws of the partments or agencies represented on the applicable to the obligor under this chapter United States for the term of the guarantee Council to enter into contracts and make with respect to requirements regarding long- of the obligation or until the obligation is grants, for the purpose of implementing the term debt-to-equity, minimum working cap- paid in full, whichever is sooner.’’; and National Oceanographic Partnership Pro- ital, or minimum amount of equity; and (2) in subsection (c)— gram and carrying out the responsibilities of ‘‘(E) represent the Secretary or Adminis- (A) in the subsection heading, by inserting the Council. trator to protect the security interests of ‘‘AND PROVIDE FOR THE FINANCIAL STABILITY ‘‘(F) To use, with the consent of the head the Government relating to an obligation OF THE OBLIGOR’’ after ‘‘INTERESTS’’; of the agency or entity concerned, on a non- guarantee. (B) by striking ‘‘provisions for the protec- reimbursable basis, the land, services, equip- ‘‘(2) PRIVATE SECTOR EXPERT.—Independent tion of’’ and inserting ‘‘provisions, which ment, personnel, facilities, advice, and infor- analysis, review, and representation con- shall include— mation provided by a Federal agency or enti- ducted under this subsection shall be per- ‘‘(1) provisions for the protection of’’; ty, State, local government, Tribal govern- formed by a private sector expert in the ap- (C) by striking ‘‘, and other matters that ment, territory, or possession, or any sub- plicable field who is selected by the Sec- the Secretary or Administrator may pre- divisions thereof, or the District of Columbia retary or Administrator. scribe.’’ and inserting, ‘‘; and’’; and as may be helpful in the performance of the ‘‘(d) VESSELS OF NATIONAL INTEREST.— (D) by adding at the end the following: duties of the Council. ‘‘(1) NOTICE OF FUNDING.—The Secretary or ‘‘(2) any other provisions that the Sec- ‘‘(2) FUNDS TRANSFERRED.—Funds identi- Administrator may post a notice in the Fed- retary or Administrator may prescribe.’’. fied for direct support of National Oceano- eral Register regarding the availability of (h) ADMINISTRATIVE FEES.—Section 53713 of graphic Partnership Program grants are au- funding for obligation guarantees under this title 46, United States Code, is amended— thorized for transfer between agencies and chapter for the construction, reconstruction, (1) in subsection (a)— are exempt from section 1535 of title 31, or reconditioning of a Vessel of National In- (A) in the matter preceding paragraph (1), United States Code (commonly known as the terest and include a timeline for the submis- by striking ‘‘reasonable for—’’ and inserting ‘‘Economy Act of 1932’’).’’. sion of applications for such vessels. ‘‘ reasonable for processing the application (c) OCEAN RESEARCH ADVISORY PANEL.— ‘‘(2) VESSEL CHARACTERISTICS.— and monitoring the loan guarantee, includ- Section 8933(a)(4) of title 10, United States ‘‘(A) IN GENERAL.—The Secretary or Ad- ing for—’’; Code, is amended by striking ‘‘State govern- ministrator, in consultation with the Sec- (B) in paragraph (4), by striking ‘‘; and’’ ments’’ and inserting ‘‘State and Tribal gov- retary of Defense, the Secretary of the De- and inserting ‘‘or a deposit fund under sec- ernments’’. partment in which the Coast Guard Oper- tion 53716 of this title;’’; SEC. 3525. IMPROVEMENTS TO THE MARITIME ates, or the heads of other Federal agencies, (C) in paragraph (5), by striking the period GUARANTEED LOAN PROGRAM. shall develop and publish a list of vessel at the end and inserting ‘‘; and’’; and (a) DEFINITIONS.—Section 53701 of title 46, types that would be considered Vessels of (D) by adding at the end the following: United States Code, is amended— National Interest. ‘‘(6) monitoring and providing services re- (1) by striking paragraph (5); ‘‘(B) REVIEW.—Such list shall be reviewed lated to the obligor’s compliance with any (2) by redesignating paragraphs (6) through and revised every 4 years or as necessary, as terms related to the obligations, the guar- (15) as paragraphs (5) through (14), respec- determined by the Administrator.’’. antee, or maintenance of the Secretary or tively; and (d) FUNDING LIMITS.—Section 53704 of title Administrator’s security interests under this (3) by adding at the end the following: 46, United States Code, is amended— chapter.’’; and ‘‘(15) VESSEL OF NATIONAL INTEREST.—The (1) in subsection (a)— (2) in subsection (c)— term ‘Vessel of National Interest’ means a (A) by striking ‘‘that amount’’ and all the (A) in paragraph (1), by striking ‘‘under vessel deemed to be of national interest that follows through ‘‘$850,000,000’’ and inserting section 53708(d) of this title’’ and inserting meets characteristics determined by the Ad- ‘‘that amount, $850,000,000’’; and ‘‘under section 53703(c) of this title’’;

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.088 S18JNPT1 S3766 CONGRESSIONAL RECORD — SENATE June 18, 2019 (B) by redesignating paragraphs (1) SEC. 3527. UNITED STATES MERCHANT MARINE Register, the term ‘‘exclusive economic through (3) as subparagraphs (A) through (C), ACADEMY’S SEXUAL ASSAULT PRE- zone’’ means— respectively; VENTION AND RESPONSE PROGRAM. (i) the area within a zone established by a (C) by striking ‘‘The Secretary’’ and in- (a) IMPLEMENTATION OF RECOMMENDA- maritime boundary that has been established serting the following: TIONS.—The Secretary of Transportation by a treaty in force or a treaty that is being ‘‘(1) IN GENERAL.—The Secretary’’; and shall ensure that, not later than 180 days provisionally applied by the United States; (D) by adding at the end the following: after the date of enactment of this title, the or ‘‘(2) FEE LIMITATION INAPPLICABLE.—Fees recommendations in the Inspector General of (ii) in the absence of a treaty described in collected under this subsection are not sub- the Department of Transportation’s report clause (i)— ject to the limitation of subsection (b).’’. on the effectiveness of the United States (I) a zone, the outer boundary of which is (i) BEST PRACTICES; ELIGIBLE EXPORT VES- Merchant Marine Academy’s Sexual Assault 200 nautical miles from the baseline from SELS.—Chapter 537 of title 46, United States Prevention and Response program (mandated which the breadth of the territorial sea is Code, is further amended— under section 3512 of the National Defense measured; or (1) in subchapter I, by adding at the end Authorization Act for Fiscal Year 2017 (Pub- (II) if the distance between the United the following new section: lic Law 114–328; 130 Stat. 2786)), are fully im- States and another country is less than 400 plemented. nautical miles, a zone, the outer boundary of ‘‘§ 53719. Best practices (b) REPORT.—Not later than 180 days after which is represented by a line equidistant be- ‘‘The Secretary or Administrator shall en- the date of enactment of this title, the Sec- tween the United States and the other coun- sure that all standard documents and agree- retary of Transportation shall submit a re- try. ments that relate to loan guarantees made port to Congress— (B) INNER BOUNDARY.—Without affecting pursuant to this chapter are reviewed and (1) confirming that the recommendations any Presidential Proclamation with regard updated every four years to ensure that such described in subsection (a) have been fully to the establishment of the United States documents and agreements meet the current implemented, and explaining how those rec- territorial sea or exclusive economic zone, commercial best practices to the extent per- ommendations have been implemented; or the inner boundary of the exclusive eco- mitted by law.’’; and (2) if such recommendations have not been nomic zone is— (2) in subchapter III, by striking section fully implemented as of the date of the re- (i) in the case of coastal States, a line co- 53732. port, including an explanation of why such terminous with the seaward boundary of (j) EXPRESS CONSIDERATION OF LOW-RISK recommendations have not been fully imple- each such State (as described in section 4 of APPLICATIONS.—Not later than 180 days after mented and a description of the resources the Submerged Lands Act (43 U.S.C. 1312)); the date of enactment of this title, the Ad- that are needed to fully implement such rec- (ii) in the case of the Commonwealth of ministrator of the Maritime Administration ommendations. Puerto Rico, a line that is 3 marine leagues shall, in consultation with affected stake- SEC. 3528. REPORT ON VESSELS FOR EMERGING from the coastline of the Commonwealth of holders, create a process for express proc- OFFSHORE ENERGY INFRASTRUC- Puerto Rico; essing of low-risk maritime guaranteed loan TURE. (iii) in the case of American Samoa, the applications under chapter 537 of title 46, (a) IN GENERAL.—The Secretary of Trans- United States Virgin Islands, Guam, and the United States Code, based on Federal and in- portation, in consultation with the Sec- Northern Mariana Islands, a line that is 3 ge- dustry best practices, including proposals to retary of Energy, the Secretary of the Inte- ographic miles from the coastlines of Amer- better assist applicants to submit complete rior, and the heads of other relevant agencies ican Samoa, the United States Virgin Is- applications within 6 months of the initial as appropriate, shall prepare and submit a lands, Guam, or the Northern Mariana Is- application. report on the need for vessels to install, op- lands, respectively; or (k) CONGRESSIONAL NOTIFICATION.— erate, and maintain emerging offshore en- (iv) for any possession of the United States (1) NOTIFICATION.—Not less than 60 days be- ergy infrastructure, including offshore wind not referred to in clause (ii) or (iii), the fore reorganizing or consolidating the activi- energy. coastline of such possession. ties or personnel covered under chapter 537 (b) CONTENTS.—Such report shall include— (C) RULE OF CONSTRUCTION.—Nothing in of title 46, United States Code, the Secretary (1) an inventory of vessels (including exist- this paragraph may be construed to diminish of Transportation shall notify, in writing, ing vessels and vessels that have the poten- the authority of the Department of Defense, the Committee on Commerce, Science, and tial to be refurbished) to install, operate, and the Department of the Interior, or any other Transportation of the Senate and the Com- maintain such emerging offshore energy in- Federal department or agency. mittee on Transportation and Infrastructure frastructure; (4) FOOD SECURITY.—The term ‘‘food secu- of the House of Representatives of the pro- (2) a projection of existing vessels needed rity’’ means access to, and availability, uti- posed reorganization or consolidation. to meet such emerging offshore energy needs lization, and stability of, sufficient food to (2) CONTENTS.—Each notification under over the next 10 years; and meet caloric and nutritional needs for an ac- paragraph (1) shall include an evaluation of, (3) policy recommendations to ensure the tive and healthy life. and justification for, the reorganization or vessel capacity to support such emerging off- (5) GLOBAL RECORD OF FISHING VESSELS, RE- consolidation. shore energy. FRIGERATED TRANSPORT VESSELS, AND SUPPLY (l) CLERICAL AMENDMENTS.— (c) TRANSMITTAL.—Not later than 6 months VESSELS.—The term ‘‘global record of fishing (1) The table of sections at the beginning of after the date of enactment of this title, the vessels, refrigerated transport vessels, and chapter 537 of title 46, United States Code, is Secretary of Transportation shall submit supply vessels’’ means the Food and Agri- amended by inserting after the item relating such report to the Committee on Commerce, culture Organization of the United Nations’ to section 53718 the following new item: Science, and Transportation of the Senate, initiative to rapidly make available certified data from state authorities about vessels and ‘‘53719. Best practices.’’. the Committee on Energy and Natural Re- sources of the Senate, and the Committee on vessel related activities. (2) The table of sections at the beginning of (6) IUU FISHING.—The term ‘‘IUU fishing’’ chapter 537 of title 46, United States Code, is Transportation and Infrastructure of the House of Representatives. means illegal fishing, unreported fishing, or further amended by striking the item relat- unregulated fishing (as such terms are de- Subtitle B—Maritime SAFE Act ing to section 53732. fined in paragraph 3 of the International SEC. 3526. TECHNICAL CORRECTIONS. SEC. 3531. SHORT TITLES. Plan of Action to Prevent, Deter, and Elimi- (a) OFFICE OF PERSONNEL MANAGEMENT (a) SHORT TITLES.—This subtitle may be nate Illegal, Unreported and Unregulated GUIDANCE.—Not later than 120 days after the cited as the ‘‘Maritime Security and Fish- Fishing, adopted at the 24th Session of the date of enactment of this title, the Director eries Enforcement Act’’ or the ‘‘Maritime Committee on Fisheries in Rome on March 2, of the Office of Personnel Management, in SAFE Act’’. 2001). consultation with the Administrator of the SEC. 3532. DEFINITIONS. (7) PORT STATE MEASURES AGREEMENT.—The Maritime Administration, shall identify key In this subtitle: term ‘‘Port State Measures Agreement’’ skills and competencies necessary to main- (1) AIS.—The term ‘‘AIS’’ means Auto- means the Agreement on Port State Meas- tain a balance of expertise in merchant ma- matic Identification System (as defined in ures to Prevent, Deter, and Eliminate Ille- rine seagoing service and strategic sealift section 164.46 of title 33, Code of Federal Reg- gal, Unreported, and Unregulated Fishing set military service in each of the following po- ulations, or a similar successor regulation). forth by the Food and Agriculture Organiza- sitions within the Office of the Commandant: (2) COMBINED MARITIME FORCES.—The term tion of the United Nations, done at Rome, (1) Commandant. ‘‘Combined Maritime Forces’’ means the 33- Italy November 22, 2009, and entered into (2) Deputy Commandant. nation naval partnership, originally estab- force June 5, 2016, which offers standards for (3) Tactical company officers. lished in February 2002, which promotes se- reporting and inspecting fishing activities of (4) Regimental officers. curity, stability, and prosperity across ap- foreign-flagged fishing vessels at port. (b) SEA YEAR COMPLIANCE.—Section proximately 3,200,000 square miles of inter- (8) PRIORITY FLAG STATE.—The term ‘‘pri- 3514(a)(1)(A) of the National Defense Author- national waters. ority flag state’’ means a country selected in ization Act for Fiscal Year 2017 (Public Law (3) EXCLUSIVE ECONOMIC ZONE.— accordance with section 3552(b)(3)— 114–328; 46 U.S.C. 51318 note) is amended by (A) IN GENERAL.—Unless otherwise speci- (A) whereby the flagged vessels of which inserting ‘‘domestic and international’’ after fied by the President as being in the public actively engage in, knowingly profit from, or ‘‘criteria that’’. interest in a writing published in the Federal are complicit in IUU fishing; and

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.088 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3767 (B) that is willing, but lacks the capacity, (3) to provide technical assistance to coun- SEC. 3542. ENGAGEMENT OF DIPLOMATIC MIS- to monitor or take effective enforcement ac- tries in priority regions and priority flag SIONS OF THE UNITED STATES. tion against its fleet. states to combat IUU fishing, including as- Not later than 1 year after the date of the (9) PRIORITY REGION.—The term ‘‘priority sistance— enactment of this title, each chief of mission region’’ means a region selected in accord- (A) to increase local, national, and re- (as defined in section 102 of the Foreign Serv- ance with section 3552(b)(2)— gional level capacities to counter IUU fish- ice Act of 1980 (22 U.S.C. 3902)) to a relevant (A) that is at high risk for IUU fishing ac- ing through the engagement of law enforce- country in a priority region or to a priority tivity or the entry of illegally caught sea- ment and security forces; flag state may, if the Secretary of State de- food into the markets of countries in the re- (B) to enhance port capacity and security, termines such action is appropriate— gion; and including by supporting other countries in (1) convene a working group, led by De- (B) in which countries lack the capacity to working toward the adoption and implemen- partment of State officials, to examine IUU fully address the illegal activity described in tation of the Port State Measures Agree- fishing, which may include stakeholders subparagraph (A). ment; such as— (10) REGIONAL FISHERIES MANAGEMENT OR- (C) to combat corruption and increase (A) United States officials from relevant GANIZATION.—The term ‘‘Regional Fisheries transparency and traceability in fisheries agencies participating in the interagency Management Organization’’ means an inter- management and trade; Working Group identified in section 3551, for- governmental fisheries organization or ar- (D) to enhance information sharing within eign officials, nongovernmental organiza- rangement, as appropriate, that has the com- and across governments and multilateral or- tions, the private sector, and representatives petence to establish conservation and man- ganizations through the development and of local fishermen in the region; and agement measures. use of agreed standards for information shar- (B) experts on IUU fishing, law enforce- (11) SEAFOOD.—The term ‘‘seafood’’— ing; and ment, criminal justice, transnational orga- (A) means marine finfish, mollusks, crus- (E) to support effective, science-based fish- nized illegal activity, defense, intelligence, taceans, and all other forms of marine ani- eries management regimes that promote vessel movement monitoring, and inter- mal and plant life, including those grown, legal and safe fisheries and act as a deterrent national development operating in or with produced, or reared through marine aqua- to IUU fishing; knowledge of the region; and culture operations or techniques; and (4) to promote global maritime security (2) designate a counter-IUU Fishing Coor- (B) does not include marine mammals, tur- through improved capacity and techno- dinator from among existing personnel at tles, or birds. logical assistance to support improved mari- the mission if the chief of mission deter- (12) TRANSNATIONAL ORGANIZED ILLEGAL AC- time domain awareness; mines such action is appropriate. TIVITY.—The term ‘‘transnational organized (5) to engage with priority flag states to SEC. 3543. ASSISTANCE BY FEDERAL AGENCIES illegal activity’’ means criminal activity encourage the use of high quality vessel TO IMPROVE LAW ENFORCEMENT conducted by self-perpetuating associations tracking technologies where existing en- WITHIN PRIORITY REGIONS AND of individuals who operate transnationally forcement tools are lacking; PRIORITY FLAG STATES. for the purpose of obtaining power, influ- (6) to engage with multilateral organiza- (a) IN GENERAL.—The Secretary of State, ence, or monetary or commercial gains, tions working on fisheries issues, including in collaboration with the Secretary of Com- wholly or in part by illegal means, while pro- Regional Fisheries Management Organiza- merce and the Commandant of the Coast tecting their activities through a pattern of tions and the Food and Agriculture Organi- Guard when the Coast Guard is operating in, corruption or violence or through a zation of the United Nations, to combat and or as a component of, the Department of transnational organizational structure and deter IUU fishing; Homeland Security, as well as any other rel- the exploitation of transnational commerce (7) to advance information sharing across evant department or agency, shall provide or communication mechanisms. governments and multilateral organizations assistance, as appropriate, in accordance (13) TRANSSHIPMENT.—The term ‘‘trans- in areas that cross multiple jurisdictions, with this section. shipment’’ means the use of refrigerated ves- through the development and use of an (b) LAW ENFORCEMENT TRAINING AND CO- sels that— agreed standard for information sharing; ORDINATION ACTIVITIES.—The officials re- (A) collect catch from multiple fishing (8) to continue to use existing and future ferred to in subsection (a) shall evaluate op- boats; trade agreements to combat IUU fishing; portunities to provide assistance, as appro- (B) carry the accumulated catches back to (9) to employ appropriate assets and re- priate, to countries in priority regions and port; and sources of the United States Government in priority flag states to improve the effective- (C) deliver supplies to fishing boats, which a coordinated manner to disrupt the illicit ness of IUU fishing enforcement, with clear allows fishing vessels to remain at sea for ex- networks involved in IUU fishing; and measurable targets and indicators of tended periods without coming into port. (10) to continue to declassify and make success, including— SEC. 3533. PURPOSES. available, as appropriate and practicable, (1) by assessing and using existing re- The purposes of this subtitle are— technologies developed by the United States sources, enforcement tools, and legal au- (1) to support a whole-of-government ap- Government that can be used to help counter thorities to coordinate efforts to combat IUU proach across the Federal Government to IUU fishing; fishing with efforts to combat other illegal counter IUU fishing and related threats to (11) to recognize the ties of IUU fishing to trade, including weapons, drugs, and human maritime security; transnational organized illegal activity, in- trafficking; (2) to improve data sharing that enhances cluding human trafficking and illegal trade (2) by expanding existing IUU fishing en- surveillance, enforcement, and prosecution in narcotics and arms, and as applicable, to forcement training; against IUU fishing and related activities at focus on illicit activity in a coordinated, (3) by providing targeted, country- and re- a global level; cross-cutting manner; gion-specific training on combating IUU (3) to support coordination and collabora- (12) to recognize and respond to poor work- fishing, including in those countries that tion to counter IUU fishing within priority ing conditions, labor abuses, and other vio- have not adopted the Port State Measures regions; lent crimes in the fishing industry; Agreement; (4) to increase and improve global trans- (13) to increase and improve global trans- (4) by supporting increased effectiveness parency and traceability across the seafood parency and traceability along the seafood and transparency of the fisheries enforce- supply chain as— supply chain as— ment sectors of the governments of such (A) a deterrent to IUU fishing; and (A) a deterrent to IUU fishing; and countries; and (B) a tool for strengthening fisheries man- (B) an approach for strengthening fisheries (5) by supporting increased outreach to agement and food security; management and food security; and stakeholders in the affected communities as (5) to improve global enforcement oper- (14) to promote technological investment key partners in combating and prosecuting ations against IUU fishing through a whole- and innovation to combat IUU fishing. IUU fishing. of-government approach by the United PART I—PROGRAMS TO COMBAT IUU (c) PORT SECURITY ASSISTANCE.—The offi- States; and FISHING AND INCREASE MARITIME SE- cials referred to in subsection (a) shall evalu- (6) to prevent the use of IUU fishing as a fi- CURITY ate opportunities to provide assistance, as nancing source for transnational organized SEC. 3541. COORDINATION WITH INTERNATIONAL appropriate, to countries in priority regions groups that undermine United States and ORGANIZATIONS. and priority flag states to help those states global security interests. The Secretary of State, in conjunction implement programs related to port security SEC. 3534. STATEMENT OF POLICY. with the Secretary of Commerce, shall co- and capacity for the purposes of preventing It is the policy of the United Statesl ordinate with Regional Fisheries Manage- IUU fishing products from entering the glob- (1) to take action to curtail the global ment Organizations and the Food and Agri- al seafood market, including by supporting trade in seafood and seafood products derived culture Organization of the United Nations, other countries in working toward the adop- from IUU fishing, including its links to and may coordinate with other relevant tion and implementation of the Port State forced labor and transnational organized il- international governmental or nongovern- Measures Agreement. legal activity; mental organizations, or the private sector, (d) CAPACITY BUILDING FOR INVESTIGATIONS (2) to develop holistic diplomatic, military, as appropriate, to enhance regional re- AND PROSECUTIONS.—The officials referred to law enforcement, economic, and capacity- sponses to IUU fishing and related in subsection (a), in collaboration with the building tools to counter IUU fishing; transnational organized illegal activities. governments of countries in priority regions

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.088 S18JNPT1 S3768 CONGRESSIONAL RECORD — SENATE June 18, 2019 and of priority flag states, shall evaluate op- with which the United States does not al- any duty, responsibility, requirement, or ob- portunities to assist those countries in de- ready have such an agreement. ligation on the Department of Defense, the signing and implementing programs in such (3) Including counter-IUU fishing as part of Department of the Navy, or any official or countries, as appropriate, to increase the ca- the mission of the Combined Maritime component of either. pacity of IUU fishing enforcement and cus- Forces. PART II—ESTABLISHMENT OF INTER- toms and border security officers to improve (4) Including counter-IUU fishing exercises AGENCY WORKING GROUP ON IUU FISH- their ability— in the annual at-sea exercises conducted by ING (1) to conduct effective investigations, in- the Department of Defense, in coordination with the United States Coast Guard. SEC. 3551. INTERAGENCY WORKING GROUP ON cluding using law enforcement techniques IUU FISHING. (5) Creating partnerships similar to the such as undercover investigations and the (a) IN GENERAL.—There is established a Oceania Maritime Security Initiative and development of informer networks and ac- collaborative interagency working group on the Africa Maritime Law Enforcement Part- tionable intelligence; maritime security and IUU fishing (referred nership in other priority regions. (2) to conduct vessel boardings and inspec- to in this subtitle as the ‘‘Working Group’’). SEC. 3545. IMPROVEMENT OF TRANSPARENCY tions at sea and associated enforcement ac- (b) MEMBERS.—The members of the Work- AND TRACEABILITY PROGRAMS. tions; ing Group shall be composed of— The Secretary of State, the Administrator (3) to exercise existing shiprider agree- (1) 1 chair, who shall rotate between the ments and to enter into and implement new of the United States Agency for Inter- national Development, the Commandant of Coast Guard, the Department of State, and shiprider agreements, as appropriate, includ- the National Oceanographic and Atmos- ing in those countries that have not adopted the Coast Guard when the Coast Guard is operating in, or as a component of, the Depart- pheric Administration on a 3-year term; the Port State Measures Agreement; (2) 2 deputy chairs, who shall be appointed (4) to conduct vessel inspections at port ment of Homeland Security, the Secretary of Commerce, and the heads of other Federal by their respective agency heads and shall be and associated enforcement actions; from a different Department than that of the (5) to assess technology needs and promote agencies, if merited, shall work, as appropriate, with priority flag states and key chair, from— the use of technology to improve moni- countries in priority regions— (A) the Coast Guard; toring, enforcement, and prosecution of IUU (1) to increase knowledge within such (B) the Department of State; and fishing; countries about the United States trans- (C) the National Oceanic and Atmospheric (6) to conduct DNA-based and forensic parency and traceability standards for im- Administration; identification of seafood used in trade; ports of seafood and seafood products; (3) 11 members, who shall be appointed by (7) to conduct training on techniques, such (2) to improve the capacity of seafood in- their respective agency heads, from— as collecting electronic evidence and using dustries within such countries through infor- (A) the Department of Defense; computer forensics, for law enforcement per- mation sharing and training to meet the re- (B) the United States Navy; sonnel involved in complex investigations requirements of transparency and traceability (C) the United States Agency for Inter- lated to international matters, financial standards for seafood and seafood product national Development; issues, and government corruption that in- imports, including catch documentation and (D) the United States Fish and Wildlife clude IUU fishing; trade tracking programs adopted by relevant Service; (8) to assess financial flows and the use of regional fisheries management organiza- (E) the Department of Justice; financial institutions to launder profits re- tions; (F) the Department of the Treasury; lated to IUU fishing; (3) to improve the capacities of govern- (G) U.S. Customs and Border Protection; (9) to conduct training on the legal mecha- ment, industry, and civil society groups to (H) U.S. Immigration and Customs En- nisms that can be used to prosecute those develop and implement comprehensive forcement; identified in the investigations as alleged traceability systems that— (I) the Federal Trade Commission; perpetrators of IUU fishing and other associ- (A) deter IUU fishing; (J) the Department of Agriculture; ated crimes such as trafficking and forced (B) strengthen fisheries management; and (K) the Food and Drug Administration; and labor; and (C) enhance maritime domain awareness; (L) the Department of Labor; (10) to conduct training to raise awareness and (4) 5 members, who shall be appointed by of the use of whistleblower information and (4) to support the implementation of sea- the President, from— ways to incentivize whistleblowers to come food traceability standards in such countries (A) the National Security Council; forward with original information related to to prevent IUU fishing products from enter- (B) the Council on Environmental Quality; IUU fishing. ing the global seafood market and assess ca- (C) the Office of Management and Budget; (e) CAPACITY BUILDING FOR INFORMATION pacity and training needs in those countries. (D) the Office of Science and Technology SHARING.—The officials referred to in sub- SEC. 3546. TECHNOLOGY PROGRAMS. Policy; and section (a) shall evaluate opportunities to The Secretary of State, the Administrator (E) the Office of the United States Trade provide assistance, as appropriate, to key of the United States Agency for Inter- Representative. countries in priority regions and priority national Development, the Commandant of (c) RESPONSIBILITIES.—The Working Group flag states in the form of training, equip- the Coast Guard when the Coast Guard is op- shall ensure an integrated, Federal Govern- ment, and systems development to build ca- erating in, or as a component of, the Depart- ment-wide response to IUU fishing globally, pacity for information sharing related to ment of Homeland Security, the Secretary of including by— maritime enforcement and port security. Defense, the Secretary of Commerce, and the (1) improving the coordination of Federal (f) COORDINATION WITH OTHER RELEVANT heads of other Federal agencies, as appro- agencies to identify, interdict, investigate, AGENCIES.—The Secretary of State, in col- priate, shall pursue programs to expand the prosecute, and dismantle IUU fishing oper- laboration with the Commandant of the role of technology for combating IUU fish- ations and organizations perpetrating and Coast Guard when the Coast Guard is oper- ing, including by— knowingly benefitting from IUU fishing; ating in, or as a component of, the Depart- (1) promoting the use of technology to (2) assessing areas for increased interment of Homeland Security, and the Sec- combat IUU fishing; agency information sharing on matters re- retary of Commerce, shall coordinate with (2) assessing the technology needs, includ- lated to IUU fishing and related crimes; other relevant agencies, as appropriate, in ing vessel tracking technologies and data (3) establishing standards for information accordance with this section. sharing, in priority regions and priority flag sharing related to maritime enforcement; SEC. 3544. EXPANSION OF EXISTING MECHA- states; (4) developing a strategy to determine how NISMS TO COMBAT IUU FISHING. (3) engaging with priority flag states to en- military assets and intelligence can con- The Secretary of State, the Administrator courage the mandated use of vessel tracking tribute to enforcement strategies to combat of the United States Agency for Inter- technologies, including vessel monitoring IUU fishing; national Development, the Commandant of systems, AIS, or other vessel movement (5) increasing maritime domain awareness the Coast Guard when the Coast Guard is op- monitoring technologies on fishing vessels relating to IUU fishing and related crimes erating in, or as a component of, the Depart- and transshipment vessels at all times, as and developing a strategy to leverage aware- ment of Homeland Security, the Secretary of appropriate, while at sea as a means to iden- ness for enhanced enforcement and prosecu- Defense, the Secretary of Commerce, the At- tify IUU fishing activities and the shipment tion actions against IUU fishing; torney General, and the heads of other ap- of illegally caught fish products; and (6) supporting the adoption and implemen- propriate Federal agencies shall assess op- (4) building partnerships with the private tation of the Port State Measures Agree- portunities to combat IUU fishing by ex- sector, including universities, nonprofit re- ment in relevant countries and assessing the panding, as appropriate, the use of the fol- search organizations, the seafood industry, capacity and training needs in such coun- lowing mechanisms: and the technology, transportation and lo- tries; (1) Including counter-IUU fishing in exist- gistics sectors, to leverage new and existing (7) outlining a strategy to coordinate, in- ing shiprider agreements in which the United technologies and data analytics to address crease, and use shiprider agreements be- States is a party. IUU fishing. tween the Department of Defense or the (2) Entering into shiprider agreements that SEC. 3547. SAVINGS CLAUSE. Coast Guard and relevant countries; include counter-IUU fishing with priority No provision of section 3532 or of this part (8) enhancing cooperation with partner flag states and countries in priority regions shall impose, or be interpreted to impose, governments to combat IUU fishing;

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.088 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3769 (9) identifying opportunities for increased (2) an assessment of the extent of the con- tection Act (16 U.S.C. 1826d et seq.) to any information sharing between Federal agen- vergence between transnational organized il- relevant nation, including the status of any cies and partner governments working to legal activity, including human trafficking past or ongoing consultations and certifi- combat IUU fishing; and forced labor, and IUU fishing; cation procedures; (10) consulting and coordinating with the (3) an assessment of the topics, data (2) actions and policies, in addition to the seafood industry and nongovernmental sources, and strategies that would benefit actions and policies described in paragraph stakeholders that work to combat IUU fish- from increased information sharing and rec- (1), each of the Federal agencies described in ing; ommendations regarding harmonization of subsection (a) can take, using existing re- (11) supporting the work of collaborative data collection and sharing; sources, to combat IUU fishing in the exclu- international initiatives to make available (4) an assessment of assets, including mili- sive economic zone of the United States in certified data from state authorities about tary assets and intelligence, which can be the Gulf of Mexico; and vessel and vessel-related activities related to used for either enforcement operations or (3) any additional authorities that could IUU fishing; strategies to combat IUU fishing; assist each such agency in more effectively (12) supporting the identification and cer- (5) summaries of the situational threats addressing such IUU fishing. tification procedures to address IUU fishing with respect to IUU fishing in priority re- (c) REPORT.—Not later than 1 year after in accordance with the High Seas Driftnet gions and an assessment of the capacity of the IUU Fishing Subworking Group is estab- Fishing Moratorium Protection Act (16 countries within such regions to respond to lished under subsection (a), the group shall U.S.C. 1826d et seq.); and those threats; submit a report to the Committee on Com- (13) publishing annual reports summarizing (6) an assessment of the progress of coun- merce, Science, and Transportation of the nonsensitive information about the Working tries in priority regions in responding to Senate and the Committee on Natural Re- Group’s efforts to investigate, enforce, and those threats as a result of assistance by the sources of the House of Representatives that prosecute groups and individuals engaging in United States pursuant to the strategic plan contains— IUU fishing. developed under section 3552, including— (1) the findings identified pursuant to sub- (A) the identification of— SEC. 3552. STRATEGIC PLAN. section (b); and (i) relevant supply routes, ports of call, (a) STRATEGIC PLAN.—Not later than 2 (2) a timeline for each of the Federal agen- methods of landing and entering illegally years after the date of the enactment of this cies described in subsection (a) to implement caught product into legal supply chains, and title, the Working Group, after consultation each action or policy identified pursuant to financial institutions used in each country with the relevant stakeholders, shall submit subsection (b)(2). by participants engaging in IUU fishing; and to the Committee on Commerce, Science, PART III—COMBATING HUMAN TRAF- (ii) indicators of IUU fishing that are re- and Transportation of the Senate, the Com- FICKING IN CONNECTION WITH THE lated to money laundering; mittee on Foreign Relations of the Senate, CATCHING AND PROCESSING OF SEA- (B) an assessment of the adherence to, or the Committee on Appropriations of the Sen- FOOD PRODUCTS progress toward adoption of, international ate, the Committee on Natural Resources of treaties related to IUU fishing, including the SEC. 3561. FINDING. the House of Representatives, the Committee Port State Measures Agreement, by coun- Congress finds that human trafficking, in- on Foreign Affairs of the House of Represent- tries in priority regions; cluding forced labor, is a pervasive problem atives, and the Committee on Appropriations (C) an assessment of the implementation in the catching and processing of certain sea- of the House of Representatives a 5-year in- by countries in priority regions of seafood food products imported into the United tegrated strategic plan on combating IUU traceability or capacity to apply traceability States, particularly seafood products ob- fishing and enhancing maritime security, in- to verify the legality of catch and strengthen tained through illegal, unreported, and un- cluding specific strategies with monitoring fisheries management; regulated fishing. benchmarks for addressing IUU fishing in (D) an assessment of the capacity of coun- SEC. 3562. ADDING THE SECRETARY OF COM- priority regions. tries in priority regions to implement MERCE TO THE INTERAGENCY TASK (b) IDENTIFICATION OF PRIORITY REGIONS shiprider agreements; FORCE TO MONITOR AND COMBAT AND PRIORITY FLAG STATES.— TRAFFICKING. (E) an assessment of the capacity of coun- (1) IN GENERAL.—The strategic plan sub- Section 105(b) of the Victims of Trafficking tries in priority regions to increase mari- mitted under subsection (a) shall identify and Violence Protection Act of 2000 (22 time domain awareness; and priority regions and priority flag states to be U.S.C. 7103(b)) is amended by inserting ‘‘the (F) an assessment of the capacity of gov- the focus of assistance coordinated by the Secretary of Commerce,’’ after ‘‘the Sec- ernments of relevant countries in priority Working Group under section 3551. retary of Education,’’. regions to sustain the programs for which (2) PRIORITY REGION SELECTION CRITERIA.— the United States has provided assistance SEC. 3563. HUMAN TRAFFICKING IN THE SEA- In selecting priority regions under paragraph FOOD SUPPLY CHAIN REPORT. (1), the Working Group shall select regions under this subtitle; (7) an assessment of the capacity of pri- (a) IN GENERAL.—Not later than 1 year that— after the date of the enactment of this title, (A) are at high risk for IUU fishing activ- ority flag states to track the movement of and police their fleet, prevent their flagged the Secretary of State and the Adminis- ity or the entry of illegally caught seafood trator of the National Oceanic and Atmos- into their markets; and vessels from engaging in IUU fishing, and enforce applicable laws and regulations; and pheric Administration shall jointly submit a (B) lack the capacity to fully address the report to the Committee on Commerce, issues described in subparagraph (A). (8) an assessment of the extent of involvement in IUU fishing of organizations des- Science, and Transportation of the Senate, (3) PRIORITY FLAG STATES SELECTION CRI- ignated as foreign terrorist organizations the Committee on Foreign Relations of the TERIA.—In selecting priority flag states Senate, the Committee on Appropriations of under paragraph (1), the Working Group under section 219 of the Immigration and Na- tionality Act (8 U.S.C. 1189). the Senate, the Committee on Natural Re- shall select countries— sources of the House of Representatives, the (A) the flagged vessels of which actively SEC. 3554. GULF OF MEXICO IUU FISHING SUB- WORKING GROUP. Committee on Foreign Affairs of the House engage in, knowingly profit from, or are (a) IN GENERAL.—Not later than 90 days of Representatives, and the Committee on complicit in IUU fishing; and after the date of the enactment of this title, Appropriations of the House of Representa- (B) that lack the capacity to police their the Administrator of the National Oceanic tives that describes the existence of human fleet. and Atmospheric Administration, in coordi- trafficking, including forced labor, in the SEC. 3553. REPORTS. nation with the Coast Guard and the Depart- supply chains of seafood products imported Not later than 5 years after the submission ment of State, shall establish a subworking into the United States. of the 5-year integrated strategic plan under group to address IUU fishing in the exclusive (b) REPORT ELEMENTS.—The report re- section 3552, and 5 years after, the Working economic zone of the United States in the quired under subsection (a) shall include— Group shall submit a report to the Com- Gulf of Mexico. (1) a list of the countries at risk for human mittee on Commerce, Science, and Transpor- (b) FUNCTIONS.—The subworking group es- trafficking, including forced labor, in their tation of the Senate, the Committee on For- tablished under subsection (a) shall iden- seafood catching and processing industries, eign Relations of the Senate, the Committee tify— and an assessment of such risk for each list- on Appropriations of the Senate, the Com- (1) Federal actions taken and policies es- ed country; mittee on the Judiciary of the Senate, the tablished during the 5-year period imme- (2) a description of the quantity and eco- Select Committee on Intelligence of the Sen- diately preceding the date of the enactment nomic value of seafood products imported ate, the Committee on Agriculture, Nutri- of this title with respect to IUU fishing in into the United States from the countries on tion, and Forestry of the Senate, the Com- the exclusive economic zone of the United the list compiled pursuant to paragraph (1); mittee on Natural Resources of the House of States in the Gulf of Mexico, including such (3) a description and assessment of the Representatives, the Committee on Foreign actions and policies related to— methods, if any, in the countries on the list Affairs of the House of Representatives, and (A) the surveillance, interdiction, and pros- compiled pursuant to paragraph (1) to trace the Committee on Appropriations of the ecution of any foreign nationals engaged in and account for the manner in which seafood House of Representatives that contains— such fishing; and is caught; (1) a summary of global and regional (B) the application of the provisions of the (4) a description of domestic and inter- trends in IUU fishing; High Seas Driftnet Fishing Moratorium Pro- national enforcement mechanisms to deter

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.088 S18JNPT1 S3770 CONGRESSIONAL RECORD — SENATE June 18, 2019 illegal practices in the catching of seafood in lease inventory’’ means the toxics release in- Act (15 U.S.C. 2604), except a significant new the countries on the list compiled pursuant ventory under section 313(c) of the Emer- use rule promulgated in connection with an to paragraph (1); and gency Planning and Community Right-To- order issued under subsection (e) of that sec- (5) such recommendations as the Secretary Know Act of 1986 (42 U.S.C. 11023(c)). tion. of State and the Administrator of the Na- (b) IMMEDIATE INCLUSION.— (D) ADDITION AS ACTIVE CHEMICAL SUB- tional Oceanic and Atmospheric Administra- (1) IN GENERAL.—Subject to subsection (e), STANCE.—The date on which the tion jointly consider appropriate for legisla- beginning January 1 of the calendar year fol- perfluoroalkyl or polyfluoroalkyl substance tive or administrative action to enhance and lowing the date of enactment of this Act, the or class of perfluoroalkyl or polyfluoroalkyl improve actions against human trafficking, following chemicals shall be deemed to be in- substances that is on a list of substances including forced labor, in the catching and cluded in the toxics release inventory: covered by a significant new use rule under processing of seafood products outside of (A) Perfluorooctanoic acid (commonly re- subsection (a)(2) of section 5 of the Toxic United States waters. ferred to as ‘‘PFOA’’) (Chemical Abstracts Substances Control Act (15 U.S.C. 2604), ex- Service No. 335–67–1). PART IV—AUTHORIZATION OF cept a significant new use rule promulgated (B) The salt associated with the chemical APPROPRIATIONS in connection with an order issued under described in subparagraph (A) (Chemical Ab- subsection (e) of that section, is— SEC. 3571. AUTHORIZATION OF APPROPRIATIONS. stracts Service No. 3825–26–1). (i) added to the inventory under subsection (a) FUNDING.—Amounts made available to (C) Perfluorooctane sulfonic acid (com- (b)(1) of section 8 of the Toxic Substances carry out this subtitle shall be derived from monly referred to as ‘‘PFOS’’) (Chemical Ab- Control Act (15 U.S.C. 2607) and designated as amounts appropriated or otherwise made stracts Service No. 1763–23–1). an active chemical substance under sub- available to the relevant agencies and de- (D) The salts associated with the chemical section (b)(5)(A) of that section; or partments. described in subparagraph (C) (Chemical Ab- (ii) designated as an active chemical sub- (b) NO INCREASE IN CONTRIBUTIONS.—Noth- stract Service Nos. 45298–90–6, 29457–72–5, ing in this subtitle shall be construed to au- stance on the inventory in accordance with 56773–42–3, 29081–56–9, 4021–47–0, 111873–33–7, subsection (b)(5)(B) of that section. thorize an increase in required or voluntary and 91036–71–4). (2) THRESHOLD FOR REPORTING.— contributions paid by the United States to (E) A perfluoroalkyl or polyfluoroalkyl any multilateral or international organiza- (A) IN GENERAL.—Subject to subparagraph substance or class of perfluoroalkyl or (B), the threshold for reporting under section tion. polyfluoroalkyl substances that is— 313(f)(1) of the Emergency Planning and SEC. 3572. ACCOUNTING OF FUNDS. (i) listed as an active chemical substance Community Right-To-Know Act of 1986 (42 in the February 2019 update to the inventory By not later than 180 days after the date of U.S.C. 11203(f)(1)) the substances and classes under section 8(b)(1) of the Toxic Substances enactment of this title, the head of each Fed- of substances included in the toxics release Control Act (15 U.S.C. 2607(b)(1)); and eral agency receiving or allocating funds to inventory under paragraph (1) is 100 pounds. carry out activities under this subtitle shall, (ii) on the date of enactment of this Act, (B) REVISIONS.—Not later than 5 years subject to the provisions of— to the greatest extent practicable, prepare after the date of enactment of this Act, the (I) section 721.9582 of title 40, Code of Fed- and submit to Congress a report that pro- Administrator shall— eral Regulations; or vides an accounting of all funds made avail- (i) determine whether revision of the able under this subtitle to the Federal agen- (II) section 721.10536 of title 40, Code of Federal Regulations. thresholds under subparagraph (A) is war- cy. ranted; and (2) THRESHOLD FOR REPORTING.— (ii) if the Administrator determines a revi- (A) IN GENERAL.—Subject to subparagraph SA 745. Mrs. CAPITO (for herself, Mr. sion to be warranted under clause (i), ini- CARPER, Mr. BARRASSO, Mr. GARDNER, (B), the threshold for reporting the chemicals described in paragraph (1) under section tiate a revision under section 313(f)(2) of the Mrs. GILLIBRAND, Mrs. SHAHEEN, Mr. 313(f)(1) of the Emergency Planning and Emergency Planning and Community Right- SULLIVAN, and Mr. TOOMEY) submitted Community Right-To-Know Act of 1986 (42 To-Know Act of 1986 (42 U.S.C. 11023(f)(2)). an amendment intended to be proposed U.S.C. 11023(f)(1)) is 100 pounds. (d) INCLUSION FOLLOWING DETERMINATION.— by her to the bill S. 1790, to authorize (B) REVISIONS.—Not later than 5 years (1) IN GENERAL.—To the extent not already appropriations for fiscal year 2020 for after the date of enactment of this Act, the subject to subsection (b), not later than 2 military activities of the Department Administrator shall— years after the date of enactment of this of Defense, for military construction, (i) determine whether revision of the Act, the Administrator shall determine and for defense activities of the De- threshold under subparagraph (A) is war- whether the substances and classes of substances described in paragraph (2) meet the partment of Energy, to prescribe mili- ranted; and (ii) if the Administrator determines a revi- criteria described in section 313(d)(2) of the tary personnel strengths for such fiscal sion to be warranted under clause (i), ini- Emergency Planning and Community Right- year, and for other purposes; which was tiate a revision under section 313(f)(2) of the To-Know Act of 1986 (42 U.S.C. 11023(d)(2)) for ordered to lie on the table; as follows: Emergency Planning and Community Right- inclusion in the toxics release inventory. In section 318(a), add at the end the fol- To-Know Act of 1986 (42 U.S.C. 11023(f)(2)). (2) SUBSTANCES DESCRIBED.—The sub- lowing: (c) INCLUSION FOLLOWING ASSESSMENT.— stances and classes of substances referred to (3) OTHER AUTHORITY.—In addition to the (1) IN GENERAL.—Subject to subsection (e), in paragraph (1) are perfluoroalkyl and requirements under paragraph (1), when oth- a perfluoroalkyl or polyfluoroalkyl sub- polyfluoroalkyl substances and classes of erwise authorized to expend funds for the stance or class of perfluoroalkyl or perfluoroalkyl and polyfluoroalkyl sub- purpose of addressing ground or surface polyfluoroalkyl substances shall be auto- stances, including— water contaminated by a perfluorinated matically included in the toxics release in- (A) hexafluoropropylene oxide dimer acid compound, the Secretary of Defense may, to ventory beginning January 1 of the calendar (Chemical Abstracts Service No. 13252–13–6); expend those funds, enter into a grant agree- year after any of the following dates: (B) the compounds associated with the ment, cooperative agreement, or contract (A) ESTABLISHMENT OF TOXICITY VALUE.— chemical described in subparagraph (A) with— The date on which the Administrator estab- (Chemical Abstracts Service Nos. 62037–80–3 (A) the local water authority with jurisdic- lishes a toxicity value for the perfluoroalkyl and 2062–98–8); tion over the contamination site, including— or polyfluoroalkyl substance or class of (C) perfluoro[(2-pentafluoroethoxy- (i) a public water system (as defined in sec- perfluoroalkyl or polyfluoroalkyl sub- ethoxy)acetic acid] ammonium salt (Chem- tion 1401 of the Safe Drinking Water Act (42 stances. ical Abstracts Service No. 908020–52–0); U.S.C. 300f)); and (B) SIGNIFICANT NEW USE RULE.—The date (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- (ii) a publicly owned treatment works (as on which the Administrator finalizes a sig- hexafluoro)-2-(trifluoromethoxy) propanoyl defined in section 212 of the Federal Water nificant new use rule under subsection (a)(2) fluoride (Chemical Abstracts Service No. Pollution Control Act (33 U.S.C. 1292)); or of section 5 of the Toxic Substances Control 2479–75–6); (B) a State, local, or Tribal government. Act (15 U.S.C. 2604), except a significant new (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- At the end of division A, add the following: use rule promulgated in connection with an hexafluoro)-2-(trifluoromethoxy) propionic TITLE XVII—PFAS RELEASE DISCLOSURE, order issued under subsection (e) of that sec- acid (Chemical Abstracts Service No. 2479–73– DETECTION, AND SAFE DRINKING tion, for the perfluoroalkyl or 4); WATER ASSISTANCE polyfluoroalkyl substance or class of (F) 3H-perfluoro-3-[(3-methoxy-propoxy) perfluoroalkyl or polyfluoroalkyl sub- propanoic acid] (Chemical Abstracts Service SEC. 1701. DEFINITION OF ADMINISTRATOR. stances. No. 919005–14–4); In this title, the term ‘‘Administrator’’ (C) ADDITION TO EXISTING SIGNIFICANT NEW (G) the salts associated with the chemical means the Administrator of the Environ- USE RULE.—The date on which the described in subparagraph (F) (Chemical Ab- mental Protection Agency. perfluoroalkyl or polyfluoroalkyl substance stracts Service Nos. 958445–44–8, 1087271–46–2, Subtitle A—PFAS Release Disclosure or class of perfluoroalkyl or polyfluoroalkyl and NOCASl892452); SEC. 1711. ADDITIONS TO TOXICS RELEASE IN- substances is added to a list of substances (H) 1-octanesulfonic acid VENTORY. covered by a significant new use rule pre- 3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium (a) DEFINITION OF TOXICS RELEASE INVEN- viously promulgated under subsection (a)(2) salt (Chemical Abstracts Service No. 59587– TORY.—In this section, the term ‘‘toxics re- of section 5 of the Toxic Substances Control 38–1);

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(I) perfluorobutanesulfonic acid (Chemical ‘‘(D) PERFLUOROALKYL AND sideration of regulation under paragraph Abstracts Service No. 375–73–5); POLYFLUOROALKYL SUBSTANCES.— (1)(B)(i); and (J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4- ‘‘(i) IN GENERAL.—Not later than 2 years ‘‘(bb) the date on which— nonafluoro-potassium salt (Chemical Ab- after the date of enactment of this subpara- ‘‘(AA) the Administrator has received the stracts Service No. 29420–49–3); graph, the Administrator shall promulgate a results of monitoring under section (K) the component associated with the national primary drinking water regulation 1445(a)(2)(B) for the perfluoroalkyl or chemical described in subparagraph (J) for perfluoroalkyl and polyfluoroalkyl sub- polyfluoroalkyl substance or class of (Chemical Abstracts Service No. 45187–15–3); stances, which shall, at a minimum, include perfluoroalkyl or polyfluoroalkyl substance; (L) heptafluorobutyric acid (Chemical Ab- standards for— or stracts Service No. 375–22–4); ‘‘(I) perfluorooctanoic acid (commonly re- ‘‘(BB) the Administrator has received fin- (M) perfluorohexanoic acid (Chemical Ab- ferred to as ‘PFOA’); and ished water data or finished water moni- stracts Service No. 307–24–4); ‘‘(II) perfluorooctane sulfonic acid (com- toring surveys for the perfluoroalkyl or (N) each perfluoroalkyl or polyfluoroalkly monly referred to as ‘PFOS’). polyfluoroalkyl substance or class of substance or class of perfluoroalkyl or ‘‘(ii) ALTERNATIVE PROCEDURES.— perfluoroalkyl or polyfluoroalkyl substances polyfluoroalkyl substances for which a meth- ‘‘(I) IN GENERAL.—Not later than 1 year from a Federal or State agency that the Ad- od to measure levels in drinking water has after the validation by the Administrator of ministrator determines to be sufficient to been validated by the Administrator; and an equally effective quality control and test- make a determination under paragraph (O) a perfluoroalkyl and polyfluoroalkyl ing procedure to ensure compliance with (1)(A). substance or class of perfluoroalkyl or that national primary drinking water regu- ‘‘(II) PRIMARY DRINKING WATER REGULA- polyfluoroalkyl substances other than the lation to measure the levels described in sub- TIONS.— chemicals described in subparagraphs (A) clause (II) or other methods to detect and ‘‘(aa) IN GENERAL.—For each perfluoroalkyl through (N) that is used to manufacture monitor perfluoroalkyl and polyfluoroalkyl or polyfluoroalkyl substance or class of fluoropolymers, as determined by the Ad- substances in drinking water, the Adminis- perfluoroalkyl or polyfluoroalkyl substances ministrator. trator shall add the procedure or method as that the Administrator determines to regu- (3) ADDITION TO TOXICS RELEASE INVEN- an alternative to the quality control and late under subclause (I), the Administrator— TORY.—Subject to subsection (e), if the Ad- testing procedure described in that national ‘‘(AA) not later than 18 months after the ministrator determines under paragraph (1) primary drinking water regulation by pub- date on which the Administrator makes the that a substance or a class of substances de- lishing the procedure or method in the Fed- determination, shall propose a national pri- scribed in paragraph (2) meets the criteria eral Register. mary drinking water regulation for the described in section 313(d)(2) of the Emer- ‘‘(II) LEVELS DESCRIBED.—The levels re- perfluoroalkyl or polyfluoroalkyl substance gency Planning and Community Right-To- ferred to in subclause (I) are— or class of perfluoroalkyl or polyfluoroalkyl Know Act of 1986 (42 U.S.C. 11023(d)(2)), the ‘‘(aa) the level of a perfluoroalkyl or substances; and Administrator shall revise the toxics release polyfluoroalkyl substance; ‘‘(BB) may publish the proposed national inventory to include that substance or class ‘‘(bb) the total levels of perfluoroalkyl and primary drinking water regulation described of substances not later than 2 years after the polyfluoroalkyl substances; and in subitem (AA) concurrently with the publi- date on which the Administrator makes the ‘‘(cc) the total levels of organic fluorine. cation of the determination to regulate the determination. ‘‘(iii) INCLUSIONS.—The Administrator may perfluoroalkyl or polyfluoroalkyl substance (e) CONFIDENTIAL BUSINESS INFORMATION.— include a perfluoroalkyl or polyfluoroalkyl or class of perfluoroalkyl or polyfluoroalkyl (1) IN GENERAL.—Prior to including on the substance or class of perfluoroalkyl or substances. toxics release inventory pursuant to sub- polyfluoroalkyl substances on— ‘‘(bb) DEADLINE.— section (b)(1), (c)(1), or (d)(3) any ‘‘(I) the list of contaminants for consider- ‘‘(AA) IN GENERAL.—Not later than 1 year perfluoroalkyl or polyfluoroalkyl substance ation of regulation under paragraph (1)(B)(i); after the date on which the Administrator or class of perfluoroalkyl or polyfluoroalkyl and publishes a proposed national primary drink- substances the chemical identity of which is ‘‘(II) the list of unregulated contaminants ing water regulation under item (aa)(AA) subject to a claim of a person of protection to be monitored under section and subject to subitem (BB), the Adminis- from disclosure under subsection (a) of sec- 1445(a)(2)(B)(i). trator shall take final action on the proposed tion 552 of title 5, United States Code, pursu- ‘‘(iv) MONITORING.—When establishing national primary drinking water regulation. ant to subsection (b)(4) of that section, the monitoring requirements for public water ‘‘(BB) EXTENSION.—The Administrator, on Administrator shall— systems as part of a national primary drink- publication of notice in the Federal Register, (A) review that claim of protection from ing water regulation under clause (i) or may extend the deadline under subitem (AA) disclosure; and clause (vi)(II), the Administrator shall tailor by not more than 6 months. (B) require that person to reassert and sub- the monitoring requirements for public ‘‘(vii) LIFETIME DRINKING WATER HEALTH stantiate or resubstantiate that claim in ac- water systems that do not detect or are reli- ADVISORY.— cordance with section 14(f) of the Toxic Sub- ably and consistently below the maximum ‘‘(I) IN GENERAL.—Subject to subclause (II), stances Control Act (15 U.S.C. 2613(f)). contaminant level (as defined in section the Administrator shall publish a health ad- (2) NONDISCLOSURE OF PROTECTION INFORMA- 1418(b)(2)(B)) for the perfluoroalkyl or visory under paragraph (1)(F) for a TION.—If the Administrator determines that polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substance the chemical identity of a perfluoroalkyl or perfluoroalkyl or polyfluoroalkyl substances or class of perfluoroalkyl or polyfluoroalkyl polyfluoroalkyl substance or class of subject to the national primary drinking substances not later than 1 year after the perfluoroalkyl or polyfluoroalkyl substances water regulation. later of— qualifies for protection from disclosure ‘‘(v) HEALTH RISK REDUCTION AND COST ‘‘(aa) the date on which the Administrator under paragraph (1), the Administrator shall ANALYSIS.—In meeting the requirements of finalizes a toxicity value for the include the substance or class of substances, paragraph (3)(C), the Administrator may rely perfluoroalkyl or polyfluoroalkyl substance as applicable, on the toxics release inventory on information available to the Adminis- or class of perfluoroalkyl or polyfluoroalkyl in a manner that does not disclose the pro- trator with respect to 1 or more specific substances; and tected information. perfluoroalkyl or polyfluoroalkyl substances ‘‘(bb) the date on which the Administrator (f) EMERGENCY PLANNING AND COMMUNITY to extrapolate reasoned conclusions regard- validates an effective quality control and RIGHT-TO-KNOW ACT OF 1986.—Section 313(c) ing the health risks and effects of a class of testing procedure for the perfluoroalkyl or of the Emergency Planning and Community perfluoroalkyl or polyfluoroalkyl substances polyfluoroalkyl substance or class of Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) of which the specific perfluoroalkyl or perfluoroalkyl or polyfluoroalkyl substance, is amended— polyfluoroalkyl substances are a part. if such a procedure did not exist on the date (1) by striking the period at the end and in- ‘‘(vi) REGULATION OF ADDITIONAL SUB- on which the toxicity value described in item serting ‘‘; and’’; STANCES.— (aa) was finalized. (2) by striking ‘‘are those chemicals’’ and ‘‘(I) DETERMINATION.—The Administrator ‘‘(II) WAIVER.—The Administrator may inserting the following: ‘‘are— shall make a determination under paragraph waive the requirements of subclause (I) with ‘‘(1) the chemicals’’; and (1)(A), using the criteria described in clauses respect to a perfluoroalkyl or (3) by adding at the end the following: (i) through (iii) of that paragraph, whether polyfluoroalkyl substance or class of ‘‘(2) the chemicals included under sub- to include a perfluoroalkyl or perfluoroalkyl and polyfluoroalkyl subsections (b)(1), (c)(1), and (d)(3) of section polyfluoroalkyl substance or class of stances if the Administrator determines that 1711 of the National Defense Authorization perfluoroalkyl or polyfluoroalkyl substances there is a substantial likelihood that the Act for Fiscal Year 2020.’’. in the national primary drinking water regu- perfluoroalkyl or polyfluoroalkyl substance Subtitle B—Drinking Water lation under clause (i) not later than 18 or class of perfluoroalkyl or polyfluoroalkyl SEC. 1721. NATIONAL PRIMARY DRINKING WATER months after the later of— substances will not occur in drinking REGULATIONS FOR PFAS. ‘‘(aa) the date on which the perfluoroalkyl water.’’. Section 1412(b)(2) of the Safe Drinking or polyfluoroalkyl substance or class of SEC. 1722. MONITORING AND DETECTION. Water Act (42 U.S.C. 300g–1(b)(2)) is amended perfluoroalkyl or polyfluoroalkyl substances (a) MONITORING PROGRAM FOR UNREGU- by adding at the end the following: is listed on the list of contaminants for con- LATED CONTAMINANTS.—

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(1) IN GENERAL.—The Administrator shall ‘‘SEC. 1459E. EMERGING CONTAMINANTS GRANTS. Geological Survey entitled ‘‘Analytical include each substance described in para- ‘‘(a) IN GENERAL.—Subject to subsection Methods for Chemical Analysis of Geologic graph (2) in the fifth publication of the list of (b), the Administrator shall establish a pro- and Other Materials, U.S. Geological Sur- unregulated contaminants to be monitored gram to provide grants to public water sys- vey’’ and dated 2002); and under section 1445(a)(2)(B)(i) of the Safe tems for the purpose of addressing emerging (B) are as sensitive as is feasible and prac- Drinking Water Act (42 U.S.C. 300j– contaminants, with a focus on perfluoroalkyl ticable. 4(a)(2)(B)(i)). and polyfluoroalkyl substances. (2) REQUIREMENT.—In developing the per- (2) SUBSTANCES DESCRIBED.—The sub- ‘‘(b) REQUIREMENTS.— formance standard under subsection (a), the stances referred to in paragraph (1) are ‘‘(1) SMALL AND DISADVANTAGED COMMU- Director may— perfluoroalkyl and polyfluoroalkyl sub- NITIES.—Not less than 25 percent of the (A) develop quality assurance and quality stances and classes of perfluoroalkyl and amounts made available to carry out this control measures to ensure accurate sam- polyfluoroalkyl substances— section shall be used to provide grants to— pling and testing; (A) for which a method to measure the ‘‘(A) public water systems serving dis- (B) develop a training program with re- level in drinking water has been validated by advantaged communities (as defined in sec- spect to the appropriate method of sample the Administrator; and tion 1452(d)(3)); or collection and analysis of perfluorinated (B) that are not subject to a national pri- ‘‘(B) public water systems serving fewer compounds; and mary drinking water regulation under clause than 25,000 persons. (C) coordinate with the Administrator, in- (i) or (vi)(II) of subparagraph (D) of section ‘‘(2) PRIORITIES.—In selecting recipients of cluding, if appropriate, coordinating to de- 1412(b)(2) of the Safe Drinking Water Act (42 grants under subsection (a), the Adminis- velop media-specific, validated analytical U.S.C. 300g–1(b)(2)). trator shall use the priorities described in methods to detect individual and different (3) EXCEPTION.—The perfluoroalkyl and section 1452(b)(3)(A). perfluorinated compounds simultaneously. polyfluoroalkyl substances and classes of ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— SEC. 1733. NATIONWIDE SAMPLING. perfluoroalkyl and polyfluoroalkyl sub- ‘‘(1) IN GENERAL.—There is authorized to be (a) IN GENERAL.—The Director shall carry appropriated to carry out this section stances included in the list of unregulated out a nationwide sampling to determine the $100,000,000 for each of fiscal years 2020 contaminants to be monitored under section concentration of perfluorinated compounds through 2024, to remain available until ex- 1445(a)(2)(B)(i) of the Safe Drinking Water in estuaries, lakes, streams, springs, wells, pended. Act (42 U.S.C. 300j–4(a)(2)(B)(i)) under para- wetlands, rivers, aquifers, and soil using the ‘‘(2) NO INCREASED BONDING AUTHORITY.— graph (1) shall not count towards the limit of performance standard developed under sec- The amounts made available under para- 30 unregulated contaminants to be mon- tion 1732(a). itored by public water systems under that graph (1) may not be used as a source of payment of, or security for (directly or indi- (b) REQUIREMENTS.—In carrying out the section. sampling under subsection (a), the Director (b) APPLICABILITY.— rectly), in whole or in part, any obligation the interest on which is exempt from the tax shall— (1) IN GENERAL.—The Administrator shall— (1) first carry out the sampling at sources (A) require public water systems serving imposed under chapter 1 of the Internal Rev- enue Code of 1986.’’. of drinking water near locations with known more than 10,000 persons to monitor for the or suspected releases of perfluorinated com- substances described in subsection (a)(2); Subtitle C—PFAS Detection pounds; (B) subject to paragraph (2) and the avail- SEC. 1731. DEFINITIONS. (2) when carrying out sampling of sources ability of appropriations, require public In this subtitle: of drinking water under paragraph (1), carry water systems serving not fewer than 3,300 (1) DIRECTOR.—The term ‘‘Director’’ means out the sampling prior to any treatment of and not more than 10,000 persons to monitor the Director of the United States Geological the water; for the substances described in subsection Survey. (3) survey for ecological exposure to (a)(2); and (2) PERFLUORINATED COMPOUND.— perfluorinated compounds, with a priority in (C) subject to paragraph (2) and the avail- (A) IN GENERAL.—The term ‘‘perfluorinated determining direct human exposure through ability of appropriations, ensure that only a compound’’ means a perfluoroalkyl sub- drinking water; and representative sample of public water sys- stance or a polyfluoroalkyl substance that is (4) consult with— tems serving fewer than 3,300 persons are re- manmade with at least 1 fully fluorinated (A) States to determine areas that are a quired to monitor for the substances de- carbon atom. priority for sampling; and scribed in subsection (a)(2). (B) DEFINITIONS.—In this definition: (B) the Administrator— (2) REQUIREMENT.—If the Administrator de- (i) FULLY FLUORINATED CARBON ATOM.—The (i) to enhance coverage of the sampling; termines that there is not sufficient labora- term ‘‘fully fluorinated carbon atom’’ means and tory capacity to carry out the monitoring a carbon atom on which all the hydrogen (ii) to avoid unnecessary duplication. required under subparagraphs (B) and (C) of substituents have been replaced by fluorine. (c) REPORT.—Not later than 90 days after paragraph (1), the Administrator may waive (ii) NONFLUORINATED CARBON ATOM.—The the completion of the sampling under sub- the monitoring requirements in those sub- term ‘‘nonfluorinated carbon atom’’ means a section (a), the Director shall prepare a re- paragraphs. carbon atom on which no hydrogen port describing the results of the sampling (3) FUNDS.—The Administrator shall pay substituents have been replaced by fluorine. and submit the report to— the reasonable cost of such testing and lab- (iii) PARTIALLY FLUORINATED CARBON (1) the Committee on Environment and oratory analysis as is necessary to carry out ATOM.—The term ‘‘partially fluorinated car- Public Works and the Committee on Energy the monitoring required under paragraph (1) bon atom’’ means a carbon atom on which and Natural Resources of the Senate; from— some, but not all, of the hydrogen (2) the Committee on Energy and Com- (A) funds made available under subsection substituents have been replaced by fluorine. merce of the House of Representatives; (a)(2)(H) or (j)(5) of section 1445 of the Safe (iv) PERFLUOROALKYL SUBSTANCE.—The (3) the Senators of each State in which the Drinking Water Act (42 U.S.C. 300j–4); or term ‘‘perfluoroalkyl substance’’ means a Director carried out the sampling; and (B) any other funds made available for that manmade chemical of which all of the car- (4) each Member of the House of Represent- purpose. bon atoms are fully fluorinated carbon atives that represents a district in which the SEC. 1723. ENFORCEMENT. atoms. Director carried out the sampling. Notwithstanding any other provision of (v) POLYFLUOROALKYL SUBSTANCE.—The SEC. 1734. DATA USAGE. term ‘‘polyfluoroalkyl substance’’ means a law, the Administrator may not impose fi- (a) IN GENERAL.—The Director shall pro- manmade chemical containing a mix of fully nancial penalties for the violation of a na- vide the sampling data collected under sec- fluorinated carbon atoms, partially tional primary drinking water regulation (as tion 1733 to— fluorinated carbon atoms, and defined in section 1401 of the Safe Drinking (1) the Administrator; and nonfluorinated carbon atoms. Water Act (42 U.S.C. 300f)) with respect to a (2) other Federal and State regulatory perfluoroalkyl or polyfluoroalkyl substance SEC. 1732. PERFORMANCE STANDARD FOR THE agencies on request. or class of perfluoroalkyl or polyfluoroalkyl DETECTION OF PERFLUORINATED COMPOUNDS. (b) USAGE.—The sampling data provided substances for which a national primary under subsection (a) shall be used to inform drinking water regulation has been promul- (a) IN GENERAL.—The Director shall establish a performance standard for the detection and enhance assessments of exposure, likely gated under clause (i) or (vi) of subparagraph health and environmental impacts, and re- (D) of section 1412(b)(2) of the Safe Drinking of perfluorinated compounds. (b) EMPHASIS.— mediation priorities. Water Act (42 U.S.C. 300g–1(b)(2)) earlier than (1) IN GENERAL.—In developing the per- SEC. 1735. COLLABORATION. the date that is 5 years after the date on formance standard under subsection (a), the In carrying out this subtitle, the Director which the Administrator promulgates the Director shall emphasize the ability to de- shall collaborate with— national primary drinking water regulation. tect as many perfluorinated compounds (1) appropriate Federal and State regu- SEC. 1724. EMERGING CONTAMINANTS GRANTS. present in the environment as possible using lators; Part E of the Safe Drinking Water Act (42 analytical methods that— (2) institutions of higher education; U.S.C. 300j et seq.) is amended by adding at (A) achieve limits of quantitation (as de- (3) research institutions; and the end the following: fined in the document of the United States (4) other expert stakeholders.

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SEC. 1736. AUTHORIZATION OF APPROPRIATIONS. (2) MEMBERSHIP.—The Working Group shall (ii) make grants to applicants that submit There are authorized to be appropriated to include representatives of the following: research proposals selected by the National the Director to carry out this subtitle— (A) The Environmental Protection Agency, Emerging Contaminant Research Initiative (1) $5,000,000 for fiscal year 2020; and appointed by the Administrator. in accordance with subparagraph (B). (2) $10,000,000 for each of fiscal years 2021 (B) The following agencies, appointed by (B) SELECTION OF RESEARCH PROPOSALS.— through 2024. the Secretary of Health and Human Services: The National Emerging Contaminant Re- Subtitle D—Safe Drinking Water Assistance (i) The National Institutes of Health. search Initiative shall select research pro- SEC. 1741. DEFINITIONS. (ii) The Centers for Disease Control and posals to receive grants under this paragraph In this subtitle: Prevention. on the basis of merit, using criteria identi- (1) CONTAMINANT.—The term ‘‘contami- (iii) The Agency for Toxic Substances and fied by the Director, including the likelihood nant’’ means any physical, chemical, biologi- Disease Registry. that the proposed research will result in sig- cal, or radiological substance or matter in (C) The United States Geological Survey, nificant progress toward achieving the objec- water. appointed by the Secretary of the Interior. tives identified in the Federal research strat- (2) CONTAMINANT OF EMERGING CONCERN; (D) Any other Federal agency the assist- egy. EMERGING CONTAMINANT.—The terms ‘‘con- ance of which the Administrator determines (C) ELIGIBLE ENTITIES.—Any entity or taminant of emerging concern’’ and ‘‘emerg- to be necessary to carry out this subsection, group of 2 or more entities may submit to ing contaminant’’ mean a contaminant— appointed by the head of the respective agen- the head of each agency described in para- (A) for which the Administrator has not cy. graph (1)(C) a research proposal in response promulgated a national primary drinking (3) EXISTING WORKING GROUP.—The Admin- to the solicitation for research proposals de- water regulation; and istrator may expand or modify the duties of scribed in subparagraph (A)(i), including— (B) that may have an adverse effect on the an existing working group to perform the du- (i) State and local agencies; health of individuals. ties of the Working Group under this sub- (ii) public institutions, including public in- (3) FEDERAL RESEARCH STRATEGY.—The section. stitutions of higher education; term ‘‘Federal research strategy’’ means the (c) NATIONAL EMERGING CONTAMINANT RE- (iii) private corporations; and coordinated cross-agency plan for addressing SEARCH INITIATIVE.— (iv) nonprofit organizations. critical research gaps related to detecting, (1) FEDERAL RESEARCH STRATEGY.— (d) FEDERAL TECHNICAL ASSISTANCE AND assessing exposure to, and identifying the (A) IN GENERAL.—Not later than 180 days SUPPORT FOR STATES.— adverse health effects of emerging contami- after the date of enactment of this Act, the (1) STUDY.— nants in drinking water developed by the Of- Director of the Office of Science and Tech- (A) IN GENERAL.—Not later than 1 year fice of Science and Technology Policy in re- nology Policy (referred to in this subsection after the date of enactment of this Act, the sponse to the report of the Committee on Ap- as the ‘‘Director’’) shall coordinate with the Administrator shall conduct a study on ac- propriations of the Senate accompanying S. heads of the agencies described in subpara- tions the Administrator can take to increase 1662 of the 115th Congress (S. Rept. 115–139). graph (C) to establish a research initiative, technical assistance and support for States (4) TECHNICAL ASSISTANCE AND SUPPORT.— to be known as the ‘‘National Emerging Con- with respect to emerging contaminants in The term ‘‘technical assistance and support’’ taminant Research Initiative’’, that shall— drinking water samples. includes— (i) use the Federal research strategy to im- (B) CONTENTS OF STUDY.—In carrying out (A) assistance with— prove the identification, analysis, moni- the study described in subparagraph (A), the (i) identifying appropriate analytical toring, and treatment methods of contami- Administrator shall identify— methods for the detection of contaminants; nants of emerging concern; and (i) methods and effective treatment op- (ii) understanding the strengths and limi- (ii) develop any necessary program, policy, tions to increase technical assistance and tations of the analytical methods described or budget to support the implementation of support with respect to emerging contami- in clause (i); the Federal research strategy, including nants to States, including identifying oppor- (iii) troubleshooting the analytical meth- mechanisms for joint agency review of re- tunities for States to improve communica- ods described in clause (i); search proposals, for interagency cofunding tion with various audiences about the risks (B) providing advice on laboratory certifi- of research activities, and for information associated with emerging contaminants; cation program elements; sharing across agencies. (ii) means to facilitate access to qualified (C) interpreting sample analysis results; (B) RESEARCH ON EMERGING CONTAMI- contract testing laboratory facilities that (D) providing training with respect to NANTS.—In carrying out subparagraph (A), conduct analyses for emerging contami- proper analytical techniques; the Director shall— nants; and (E) identifying appropriate technology for (i) take into consideration consensus con- (iii) actions to be carried out at existing the treatment of contaminants; and clusions from peer-reviewed, pertinent re- Federal laboratory facilities, including the (F) analyzing samples, if— search on emerging contaminants; and research facilities of the Administrator, to (i) the analysis cannot be otherwise ob- (ii) in consultation with the Adminis- provide technical assistance and support for tained in a practicable manner otherwise; trator, identify priority emerging contami- States that require testing facilities for and nants for research emphasis. emerging contaminants. (ii) the capability and capacity to perform (C) FEDERAL PARTICIPATION.—The agencies (C) AVAILABILITY OF ANALYTICAL RE- the analysis is available at a Federal facil- referred to in subparagraph (A) include— SOURCES.—In carrying out the study de- ity. (i) the National Science Foundation; scribed in subparagraph (A), the Adminis- (5) WORKING GROUP.—The term ‘‘Working (ii) the National Institutes of Health; trator shall consider— Group’’ means the Working Group estab- (iii) the Environmental Protection Agency; (i) the availability of— lished under section 1742(b)(1). (iv) the National Institute of Standards (I) Federal and non-Federal laboratory ca- and Technology; pacity; and SEC. 1742. RESEARCH AND COORDINATION PLAN FOR ENHANCED RESPONSE ON (v) the United States Geological Survey; (II) validated methods to detect and ana- EMERGING CONTAMINANTS. and lyze contaminants; and (a) IN GENERAL.—The Administrator (vi) any other Federal agency that contrib- (ii) other factors determined to be appro- shall— utes to research in water quality, environ- priate by the Administrator. (1) review Federal efforts— mental exposures, and public health, as de- (2) REPORT.—Not later than 18 months (A) to identify, monitor, and assist in the termined by the Director. after the date of enactment of this Act, the development of treatment methods for (D) PARTICIPATION FROM ADDITIONAL ENTI- Administrator shall submit to Congress a re- emerging contaminants; and TIES.—In carrying out subparagraph (A), the port describing the results of the study de- (B) to assist States in responding to the Director shall consult with nongovernmental scribed in paragraph (1). human health risks posed by contaminants organizations, State and local governments, (3) PROGRAM TO PROVIDE FEDERAL ASSIST- of emerging concern; and and science and research institutions deter- ANCE TO STATES.— (2) in collaboration with owners and opera- mined by the Director to have scientific or (A) IN GENERAL.—Not later than 3 years tors of public water systems, States, and material interest in the National Emerging after the date of enactment of this Act, other interested stakeholders, establish a Contaminant Research Initiative. based on the findings in the report described strategic plan for improving the Federal ef- (2) IMPLEMENTATION OF RESEARCH REC- in paragraph (2), the Administrator shall de- forts referred to in paragraph (1). OMMENDATIONS.— velop a program to provide technical assist- (b) INTERAGENCY WORKING GROUP ON (A) IN GENERAL.—Not later than 1 year ance and support to eligible States for the EMERGING CONTAMINANTS.— after the date on which the Director and testing and analysis of emerging contami- (1) IN GENERAL.—Not later than 180 days heads of the agencies described in paragraph nants. after the date of enactment of this Act, the (1)(C) establish the National Emerging Con- (B) APPLICATION.— Administrator and the Secretary of Health taminant Research Initiative under para- (i) IN GENERAL.—To be eligible for tech- and Human Services shall jointly establish a graph (1)(A), the head of each agency de- nical assistance and support under this para- Working Group to coordinate the activities scribed in paragraph (1)(C) shall— graph, a State shall submit to the Adminis- of the Federal Government to identify and (i) issue a solicitation for research pro- trator an application at such time, in such analyze the public health effects of drinking posals consistent with the Federal research manner, and containing such information as water contaminants of emerging concern. strategy; and the Administrator may require.

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(ii) CRITERIA.—The Administrator shall Subtitle E—Miscellaneous substances in the environment, including in evaluate an application for technical assist- SEC. 1751. PFAS DATA CALL. drinking water, wastewater, surface water, ance and support under this paragraph on Section 8(a) of the Toxic Substances Con- groundwater, solids, and the air; the basis of merit using criteria identified by trol Act (15 U.S.C. 2607(a)) is amended by (4) evaluate approaches for the remedi- the Administrator, including— adding at the end the following: ation of contamination by perfluoroalkyl (I) the laboratory facilities available to the ‘‘(7) PFAS DATA.—Not later than January and polyfluoroalkyl substances in the envi- State; 1, 2023, the Administrator shall promulgate a ronment; and (II) the availability and applicability of ex- rule in accordance with this subsection re- (5) develop and implement new tools and isting analytical methodologies; quiring each person who has manufactured a materials to communicate with the public (III) the potency and severity of the emerg- chemical substance that is a perfluoroalkyl about perfluoroalkyl and polyfluoroalkyl ing contaminant, if known; and or polyfluoroalkyl substance in any year substances. (IV) the prevalence and magnitude of the since January 1, 2006, to submit to the Ad- (b) FUNDING.—There is authorized to be ap- emerging contaminant. ministrator a report that includes, for each propriated to the Administrator to carry out (iii) PRIORITIZATION.—In selecting States to year since January 1, 2006, the information this section $15,000,000 for each of fiscal years receive technical assistance and support described in paragraph (2).’’. 2020 through 2024. under this paragraph, the Administrator— SEC. 1752. SIGNIFICANT NEW USE RULE FOR Mr. BURR (for himself and (I) shall give priority to States with af- LONG-CHAIN PFAS. SA 746. fected areas primarily in financially dis- Not later than June 22, 2020, the Adminis- Mr. WARNER) submitted an amendment tressed communities; trator shall take final action on the signifi- intended to be proposed by him to the cant new use rule proposed by the Adminis- (II) may— bill S. 1790, to authorize appropriations trator under the Toxic Substances Control (aa) waive the application process in an for fiscal year 2020 for military activi- Act (15 U.S.C. 2601 et seq.) in the proposed emergency situation; and rule entitled ‘‘Long-Chain Perfluoroalkyl ties of the Department of Defense, for (bb) require an abbreviated application Carboxylate and Perfluoroalkyl Sulfonate military construction, and for defense process for the continuation of work speci- Chemical Substances; Significant New Use activities of the Department of Energy, fied in a previously approved application Rule’’ (80 Fed. Reg. 2885 (January 21, 2015)). to prescribe military personnel that continues to meet the criteria described SEC. 1753. PFAS DESTRUCTION AND DISPOSAL strengths for such fiscal year, and for in clause (ii); and GUIDANCE. other purposes; which was ordered to (III) shall consider the relative expertise (a) IN GENERAL.—Not later than 1 year and availability of— after the date of enactment of this Act, the lie on the table; as follows: (aa) Federal and non-Federal laboratory Administrator shall publish interim guid- At the appropriate place, insert the fol- capacity available to the State; ance on the destruction and disposal of lowing: (bb) analytical resources available to the perfluoroalkyl and polyfluoroalkyl sub- DIVISION—INTELLIGENCE State; and stances and materials containing AUTHORIZATIONS FOR FISCAL YEAR 2020 (cc) other types of technical assistance perfluoroalkyl and polyfluoroalkyl sub- SEC. 1. SHORT TITLE; TABLE OF CONTENTS. stances, including— available to the State. (a) SHORT TITLE.—This division may be (1) aqueous film-forming foam; (C) DATABASE OF AVAILABLE RESOURCES.— cited as the ‘‘Damon Paul Nelson and Mat- (2) soil and biosolids; The Administrator shall establish and main- thew Young Pollard Intelligence Authoriza- (3) textiles treated with perfluoroalkyl and tain a database of resources available tion Act for Fiscal Year 2020’’. polyfluoroalkyl substances; and through the program developed under sub- (b) TABLE OF CONTENTS.—The table of con- (4) spent filters, membranes, and other paragraph (A) to assist States with testing tents for this division is as follows: for emerging contaminants that— waste from water treatment. (b) CONSIDERATIONS; INCLUSIONS.—The in- DIVISION ll—INTELLIGENCE (i) is— terim guidance under subsection (a) shall— AUTHORIZATIONS FOR FISCAL YEAR 2020 (I) available to States and stakeholder (1) take into consideration— Sec. 1. Short title; table of contents. groups determined by the Administrator to (A) the potential for releases of Sec. 2. Definitions. have scientific or material interest in emerg- perfluoroalkyl and polyfluoroalkyl sub- TITLE I—INTELLIGENCE ACTIVITIES ing contaminants, including— stances during destruction or disposal, in- Sec. 101. Authorization of appropriations. (aa) drinking water and wastewater utili- cluding through volatilization, air disper- ties; Sec. 102. Classified schedule of authoriza- sion, or leachate; and tions. (bb) laboratories; (B) potentially vulnerable populations liv- (cc) Federal and State emergency respond- Sec. 103. Intelligence community manage- ing near likely destruction or disposal sites; ment account. ers; and (dd) State primacy agencies; (2) provide guidance on testing and moni- TITLE II—CENTRAL INTELLIGENCE (ee) public health agencies; and toring air, effluent, and soil near potential AGENCY RETIREMENT AND DIS- (ff) water associations; destruction or disposal sites for releases de- ABILITY SYSTEM (II) searchable; and scribed in paragraph (1)(A). Sec. 201. Authorization of appropriations. (III) accessible through the website of the (c) REVISIONS.—The Administrator shall TITLE III—INTELLIGENCE COMMUNITY Administrator; and publish revisions to the interim guidance MATTERS under subsection (a) as the Administrator (ii) includes a description of— Subtitle A—General Intelligence Community determines to be appropriate, but not less (I) qualified contract testing laboratory fa- Matters cilities that conduct analyses for emerging frequently than once every 3 years. Sec. 301. Restriction on conduct of intel- contaminants; and SEC. 1754. PFAS RESEARCH AND DEVELOPMENT. ligence activities. (II) the resources available in Federal lab- (a) IN GENERAL.—The Administrator, act- Sec. 302. Increase in employee compensation oratory facilities to test for emerging con- ing through the Assistant Administrator for and benefits authorized by law. taminants. the Office of Research and Development, shall— Sec. 303. Improving the onboarding method- (D) WATER CONTAMINANT INFORMATION ology for certain intelligence TOOL.—The Administrator shall integrate (1)(A) further examine the effects of perfluoroalkyl and polyfluoroalkyl sub- personnel. the database established under subparagraph Sec. 304. Intelligence community public-pri- (C) into the Water Contaminant Information stances on human health and the environment; and vate talent exchange. Tool of the Environmental Protection Agen- Sec. 305. Expansion of scope of protections cy. (B) make publicly available information relating to the findings under subparagraph for identities of covert agents. (4) FUNDING.—Of the amounts available to Sec. 306. Inclusion of security risks in pro- the Administrator, the Administrator may (A); (2) develop a process for prioritizing which gram management plans reuse not more than $15,000,000 in a fiscal year quired for acquisition of major to carry out this subsection. perfluoroalkyl and polyfluoroalkyl substances, or classes of perfluoroalkyl and systems in National Intel- (e) REPORT.—Not less frequently than once polyfluoroalkyl substances, should be sub- ligence Program. every 2 years until 2029, the Administrator ject to additional research or regulatory ef- Sec. 307. Paid parental leave. shall submit to Congress a report that de- forts that is based on— Subtitle B—Office of the Director of scribes the progress made in carrying out (A) the potential for human exposure to National Intelligence this subtitle. the substances or classes of substances; Sec. 311. Exclusivity, consistency, and (B) the potential toxicity of the substances transparency in security clear- (f) EFFECT.—Nothing in this section modi- or classes of substances; and ance procedures. fies any obligation of a State, local govern- (C) information available about the sub- Sec. 312. Limitation on transfer of National ment, or Indian Tribe with respect to treat- stances or classes of substances; Intelligence University. ment methods for, or testing or monitoring (3) develop new tools to characterize and Sec. 313. Improving visibility into the secu- of, drinking water. identify perfluoroalkyl and polyfluoroalkyl rity clearance process.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00144 Fmt 0624 Sfmt 0655 E:\CR\FM\A18JN6.082 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3775 Sec. 314. Making certain policies and execu- (14) The National Reconnaissance Office. SEC. 303. IMPROVING THE ONBOARDING METH- tion plans relating to personnel (15) The National Geospatial-Intelligence ODOLOGY FOR CERTAIN INTEL- clearances available to industry Agency. LIGENCE PERSONNEL. partners. (16) The Department of Homeland Secu- (a) DEFINITIONS.—In this section: (1) APPROPRIATE COMMITTEES OF CON- Subtitle C—Inspector General of the rity. GRESS.—The term ‘‘appropriate committees Intelligence Community SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- of Congress’’ means— TIONS. Sec. 321. Definitions. (A) the Select Committee on Intelligence (a) SPECIFICATIONS OF AMOUNTS.—The Sec. 322. Inspector General external review and the Committee on Armed Services of the amounts authorized to be appropriated under panel. Senate; and section 101 for the conduct of the intel- Sec. 323. Harmonization of whistleblower (B) the Permanent Select Committee on ligence activities of the elements listed in processes and procedures. Intelligence and the Committee on Armed paragraphs (1) through (16) of section 101, are Sec. 324. Intelligence community oversight Services of the House of Representatives. those specified in the classified Schedule of of agency whistleblower ac- (2) COVERED ELEMENTS OF THE INTELLIGENCE Authorizations prepared to accompany this tions. COMMUNITY.—The term ‘‘covered elements of Sec. 325. Report on cleared whistleblower at- division. the intelligence community’’ means the ele- torneys. (b) AVAILABILITY OF CLASSIFIED SCHEDULE ments of the intelligence community that OF AUTHORIZATIONS.— TITLE IV—REPORTS AND OTHER are within the following: (1) AVAILABILITY.—The classified Schedule MATTERS (A) The Department of Energy. of Authorizations referred to in subsection Sec. 401. Study on foreign employment of (B) The Department of Homeland Security. (a) shall be made available to the Committee (C) The Department of Justice. former personnel of intelligence on Appropriations of the Senate, the Com- community. (D) The Department of State. mittee on Appropriations of the House of (E) The Department of the Treasury. Sec. 402. Comprehensive economic assess- Representatives, and to the President. ment of investment in key (b) IN GENERAL.—The Secretary of Defense (2) DISTRIBUTION BY THE PRESIDENT.—Sub- and the Director of National Intelligence United States technologies by ject to paragraph (3), the President shall pro- shall, consistent with Department of Defense companies or organizations vide for suitable distribution of the classified Instruction 1400.25, as in effect on the day be- linked to China. Schedule of Authorizations referred to in fore the date of the enactment of this Act— Sec. 403. Analysis of and periodic briefings subsection (a), or of appropriate portions of (1) not later than 180 days after the date of on major initiatives of intel- such Schedule, within the executive branch. the enactment of this Act, submit to the ap- ligence community in artificial (3) LIMITS ON DISCLOSURE.—The President propriate committees of Congress a report intelligence and machine learn- shall not publicly disclose the classified that outlines a common methodology for ing. Schedule of Authorizations or any portion of measuring onboarding in covered elements of Sec. 404. Encouraging cooperative actions to such Schedule except— the intelligence community, including detect and counter foreign in- (A) as provided in section 601(a) of the Im- human resources and security processes; fluence operations. plementing Recommendations of the 9/11 (2) not later than 1 year after the date of Sec. 405. Oversight of foreign influence in Commission Act of 2007 (50 U.S.C. 3306(a)); the enactment of this Act, issue metrics for academia. (B) to the extent necessary to implement assessing key phases in the onboarding de- Sec. 406. Director of National Intelligence the budget; or scribed in paragraph (1) for which results report on fifth-generation wire- (C) as otherwise required by law. will be reported by the date that is 90 days less network technology. after the date of such issuance; Sec. 407. Annual report by Comptroller Gen- SEC. 103. INTELLIGENCE COMMUNITY MANAGE- MENT ACCOUNT. (3) not later than 180 days after the date of eral of the United States on cy- (a) AUTHORIZATION OF APPROPRIATIONS.— the enactment of this Act, submit to the ap- bersecurity and surveillance There is authorized to be appropriated for propriate committees of Congress a report on threats to Congress. the Intelligence Community Management collaboration among covered elements of the Sec. 408. Director of National Intelligence intelligence community on their onboarding assessments of foreign inter- Account of the Director of National Intel- ligence for fiscal year 2020 the sum of processes; ference in elections. (4) not later than 180 days after the date of Sec. 409. Study on feasibility and advis- $558,000,000. (b) CLASSIFIED AUTHORIZATION OF APPRO- the enactment of this Act, submit to the ap- ability of establishing propriate committees of Congress a report on Geospatial-Intelligence Mu- PRIATIONS.—In addition to amounts authorized to be appropriated for the Intelligence employment of automated mechanisms in seum and learning center. covered elements of the intelligence commu- Sec. 410. Report on death of Jamal Community Management Account by sub- nity, including for tracking personnel as Khashoggi. section (a), there are authorized to be appropriated for the Intelligence Community Man- they pass through each phase of the SEC. 2. DEFINITIONS. agement Account for fiscal year 2020 such ad- onboarding process; and In this division: ditional amounts as are specified in the clas- (5) not later than December 31, 2020, dis- (1) CONGRESSIONAL INTELLIGENCE COMMIT- sified Schedule of Authorizations referred to tribute surveys to human resources offices TEES.—The term ‘‘congressional intelligence in section 102(a). and applicants about their experiences with committees’’ has the meaning given such TITLE II—CENTRAL INTELLIGENCE AGEN- the onboarding process in covered elements term in section 3 of the National Security of the intelligence community. Act of 1947 (50 U.S.C. 3003). CY RETIREMENT AND DISABILITY SYS- TEM SEC. 304. INTELLIGENCE COMMUNITY PUBLIC- (2) INTELLIGENCE COMMUNITY.—The term PRIVATE TALENT EXCHANGE. ‘‘intelligence community’’ has the meaning SEC. 201. AUTHORIZATION OF APPROPRIATIONS. (a) POLICIES, PROCESSES, AND PROCEDURES given such term in such section. There is authorized to be appropriated for REQUIRED.—Not later than 270 days after the TITLE I—INTELLIGENCE ACTIVITIES the Central Intelligence Agency Retirement date of the enactment of this Act, the Direc- and Disability Fund $514,000,000 for fiscal SEC. 101. AUTHORIZATION OF APPROPRIATIONS. tor of National Intelligence shall develop year 2020. policies, processes, and procedures to facili- Funds are hereby authorized to be appro- tate the rotation of personnel of the intel- priated for fiscal year 2020 for the conduct of TITLE III—INTELLIGENCE COMMUNITY ligence community to the private sector, and the intelligence and intelligence-related ac- MATTERS personnel from the private sector to the in- Subtitle A—General Intelligence Community tivities of the following elements of the telligence community. Matters United States Government: (b) DETAIL AUTHORITY.—Under policies de- (1) The Office of the Director of National SEC. 301. RESTRICTION ON CONDUCT OF INTEL- veloped by the Director pursuant to sub- Intelligence. LIGENCE ACTIVITIES. section (a), with the agreement of a private- (2) The Central Intelligence Agency. The authorization of appropriations by sector organization, and with the consent of (3) The Department of Defense. this division shall not be deemed to con- the employee, a head of an element of the in- (4) The Defense Intelligence Agency. stitute authority for the conduct of any intelligence community may arrange for the (5) The National Security Agency. telligence activity which is not otherwise temporary detail of an employee of such ele- (6) The Department of the Army, the De- authorized by the Constitution or the laws of ment to such private-sector organization, or partment of the Navy, and the Department the United States. from such private-sector organization to of the Air Force. SEC. 302. INCREASE IN EMPLOYEE COMPENSA- such element under this section. (7) The Coast Guard. TION AND BENEFITS AUTHORIZED (c) AGREEMENTS.— (8) The Department of State. BY LAW. (1) IN GENERAL.—A head of an element of (9) The Department of the Treasury. Appropriations authorized by this division the intelligence community exercising the (10) The Department of Energy. for salary, pay, retirement, and other bene- authority of the head under subsection (a) (11) The Department of Justice. fits for Federal employees may be increased shall provide for a written agreement among (12) The Federal Bureau of Investigation. by such additional or supplemental amounts the element of the intelligence community, (13) The Drug Enforcement Administra- as may be necessary for increases in such the private-sector organization, and the em- tion. compensation or benefits authorized by law. ployee concerned regarding the terms and

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(A) shall require that the employee of the contractor personnel in violation of the pro- (j) DEFINITIONS.—In this section: element, upon completion of the detail, serve visions of section 2461 of title 10, United (1) DETAIL.—The term ‘‘detail’’ means, as in the element, or elsewhere in the civil States Code. appropriate in the context in which such service if approved by the head of the ele- (g) TERMS AND CONDITIONS FOR PRIVATE- term is used— ment, for a period of at least equal to the SECTOR EMPLOYEES.—An employee of a pri- (A) the assignment or loan of an employee length of the detail; vate-sector organization who is detailed to of an element of the intelligence community (B) shall provide that if the employee of an element of the intelligence community to a private-sector organization without a the element fails to carry out the agreement, under this section— change of position from the intelligence such employee shall be liable to the United (1) shall continue to receive pay and bene- community element that employs the indi- States for payment of all non-salary and fits from the private-sector organization vidual; or benefit expenses of the detail, unless that from which such employee is detailed and (B) the assignment or loan of an employee failure was for good and sufficient reason, as shall not receive pay or benefits from the of a private-sector organization to an ele- determined by the head of the element; element, except as provided in paragraph (2); ment of the intelligence community without (C) shall contain language informing such (2) is deemed to be an employee of the ele- a change of position from the private-sector employee of the prohibition on improperly ment for the purposes of— organization that employs the individual. sharing or using non-public information that (A) chapters 73 and 81 of title 5, United (2) PRIVATE-SECTOR ORGANIZATION.—The such employee may be privy to or aware of States Code; term ‘‘private-sector organization’’ means— related to element programming, budgeting, (B) sections 201, 203, 205, 207, 208, 209, 603, (A) a for-profit organization; or resourcing, acquisition, or procurement for 606, 607, 643, 654, 1905, and 1913 of title 18, (B) a not-for-profit organization. the benefit or advantage of the private-sec- United States Code; (3) SMALL BUSINESS CONCERN.—The term tor organization; and (C) sections 1343, 1344, and 1349(b) of title ‘‘small business concern’’ has the meaning (D) shall contain language requiring the 31, United States Code; given such term in section 3703(e)(2) of title employee to acknowledge the obligations of (D) chapter 171 of title 28, United States 5, United States Code. the employee under section 1905 of title 18, Code (commonly known as the ‘‘Federal Tort SEC. 305. EXPANSION OF SCOPE OF PROTEC- United States Code (relating to trade se- Claims Act’’) and any other Federal tort li- TIONS FOR IDENTITIES OF COVERT crets). ability statute; AGENTS. (2) AMOUNT OF LIABILITY.—An amount for (E) the Ethics in Government Act of 1978 (5 Section 605(4) of the National Security Act which an employee is liable under paragraph U.S.C. App.); and of 1947 (50 U.S.C. 3126(4)) is amended— (1) shall be treated as a debt due the United (F) chapter 21 of title 41, United States (1) in subparagraph (A)— States. Code; (A) by striking clause (ii); (3) WAIVER.—The head of an element of the (3) may perform work that is considered in- (B) in clause (i), by striking ‘‘, and’’ and in- intelligence community may waive, in whole herently governmental in nature only when serting ‘‘; or’’; and or in part, collection of a debt described in requested in writing by the head of the ele- (C) by striking ‘‘agency—’’ and all that fol- paragraph (2) based on a determination that ment; lows through ‘‘whose identity’’ and inserting the collection would be against equity and (4) may not be used to circumvent any lim- ‘‘agency whose identity’’; and good conscience and not in the best interests itation or restriction on the size of the work- (2) in subparagraph (B)(i), by striking ‘‘re- of the United States, after taking into ac- force of the element; sides and acts outside the United States’’ count any indication of fraud, misrepresen- (5) shall be subject to the same require- and inserting ‘‘acts’’. tation, fault, or lack of good faith on the ments applicable to an employee performing SEC. 306. INCLUSION OF SECURITY RISKS IN PRO- part of the employee. the same functions and duties proposed for GRAM MANAGEMENT PLANS RE- (d) TERMINATION.—A detail under this sec- performance by the private sector employee; QUIRED FOR ACQUISITION OF tion may, at any time and for any reason, be and MAJOR SYSTEMS IN NATIONAL IN- terminated by the head of the element of the (6) in the case of an element of the intel- TELLIGENCE PROGRAM. intelligence community concerned or the ligence community in the Department of De- Section 102A(q)(1)(A) of the National Secu- private-sector organization concerned. fense, may not be used to circumvent the rity Act of 1947 (50 U.S.C. 3024(q)(1)(A)) is (e) DURATION.— provisions of section 2461 of title 10, United amended by inserting ‘‘security risks,’’ after (1) IN GENERAL.—A detail under this sec- States Code. ‘‘schedule,’’. tion shall be for a period of not less than 3 (h) PROHIBITION AGAINST CHARGING CERTAIN SEC. 307. PAID PARENTAL LEAVE. months and not more than 2 years, renew- COSTS TO THE FEDERAL GOVERNMENT.—A pri- able up to a total of 3 years. (a) PURPOSE.—The purpose of this section vate-sector organization may not charge an is to— (2) LONGER PERIODS.—A detail under this element of the intelligence community or section may be for a period in excess of 2 (1) help the intelligence community recruit any other agency of the Federal Govern- and retain a dynamic, multi-talented, and di- years, but not more than 3 years, if the head ment, as direct costs under a Federal con- verse workforce capable of meeting the secu- of the element making the detail determines tract, the costs of pay or benefits paid by the rity goals of the United States; and that such detail is necessary to meet critical organization to an employee detailed to an (2) establish best practices and processes mission or program requirements. element of the intelligence community for other elements of the Federal Govern- (3) LIMITATION.—No employee of an ele- under this section for the period of the detail ment of the intelligence community may be and any subsequent renewal periods. ment seeking to pursue similar policies. detailed under this section for more than a (i) ADDITIONAL ADMINISTRATIVE MATTERS.— (b) AUTHORIZATION OF PAID PARENTAL total of 5 years, inclusive of all such details. In carrying out this section, the Director, LEAVE FOR INTELLIGENCE COMMUNITY EM- (f) STATUS OF FEDERAL EMPLOYEES DE- pursuant to procedures developed under sub- PLOYEES.— TAILED TO PRIVATE-SECTOR ORGANIZATIONS.— section (a)— (1) IN GENERAL.—Title III of the National (1) IN GENERAL.—An employee of an ele- (1) shall, to the degree practicable, ensure Security Act of 1947 (50 U.S.C. 3071 et seq.) is ment of the intelligence community who is that small business concerns are represented amended by inserting after section 304 the detailed to a private-sector organization with respect to details authorized by this following: under this section shall be considered, during section; ‘‘SEC. 305. PAID PARENTAL LEAVE. the period of detail, to be on a regular work (2) may, notwithstanding any other provi- ‘‘(a) PAID PARENTAL LEAVE.—Notwith- assignment in the element for all purposes. sion of law, establish criteria for elements of standing any other provision of law, a civil- The written agreement established under the intelligence community to use appro- ian employee of an element of the intel- subsection (c)(1) shall address the specific priated funds to reimburse small business ligence community shall have available a terms and conditions related to the employ- concerns for the salaries and benefits of its total of 12 administrative workweeks of paid ee’s continued status as a Federal employee. employees during the periods when the small parental leave in the event of the birth of a (2) REQUIREMENTS.—In establishing a tem- business concern agrees to detail its employ- son or daughter to the employee, or place- porary detail of an employee of an element ees to the intelligence community under this ment of a son or daughter with the employee of the intelligence community to a private- section; for adoption or foster care, and in order to sector organization, the head of the element (3) shall take into consideration the ques- care for such son or daughter, to be used dur- shall— tion of how details under this section might ing the 12-month period beginning on the (A) certify that the temporary detail of best be used to help meet the needs of the in- date of the birth or placement. such employee shall not have an adverse or telligence community, including with re- ‘‘(b) TREATMENT OF PARENTAL LEAVE RE- negative impact on mission attainment or spect to the training of employees; QUEST.—Notwithstanding any other provi- organizational capabilities associated with (4) shall take into consideration areas of sion of law— the detail; and private-sector expertise that are critical to ‘‘(1) an element of the intelligence commu- (B) in the case of an element of the intel- the intelligence community; and nity shall accommodate an employee’s leave ligence community in the Department of De- (5) shall establish oversight mechanisms to schedule request under subsection (a), in- fense, ensure that the normal duties and determine whether the public-private excluding a request to use such leave intermit- functions of such employees are not, as a re- change authorized by this section improves tently or on a reduced leave schedule, to the

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00146 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3777

extent that the requested leave schedule ‘‘(4) all costs or operational expenses asso- ‘‘(1) AGENCY.—The term ‘agency’ has the does not unduly disrupt agency operations; ciated with the implementation of sub- meaning given the term ‘Executive agency’ and sections (a) through (c). in section 105 of title 5, United States Code. ‘‘(2) to the extent that an employee’s re- ‘‘(e) DIRECTIVE.—Not later than 90 days ‘‘(2) CLASSIFIED INFORMATION.—The term quested leave schedule as described in para- after the Director of National Intelligence ‘classified information’ includes sensitive graph (1) is based on medical necessity re- submits the implementation plan under sub- compartmented information, restricted data, lated to a serious health condition connected section (d), the Director of National Intel- restricted handling information, and other to the birth of a son or daughter, the em- ligence shall issue a written directive to im- compartmented information. ploying element shall handle the scheduling plement this section, which directive shall ‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED consistent with the treatment of employees take effect on the date of issuance. INFORMATION.—The term ‘eligibility for ac- who are using leave under subparagraph (C) ‘‘(f) ANNUAL REPORT.—The Director of Na- cess to classified information’ has the mean- or (D) of section 6382(a)(1) of title 5, United tional Intelligence shall submit to the con- ing given such term in the procedures estab- States Code. gressional intelligence committees an an- lished pursuant to section 801(a). nual report that— ‘‘(b) IN GENERAL.—Each head of an agency ‘‘(c) RULES RELATING TO PAID LEAVE.—Not- ‘‘(1) details the number of employees of that makes a determination regarding eligi- withstanding any other provision of law— each element of the intelligence community bility for access to classified information ‘‘(1) an employee may not be required to who applied for and took paid parental leave shall ensure that in making the determina- first use all or any portion of any unpaid under subsection (a) during the year covered tion, the head of the agency or any person leave available to the employee before being by the report; and acting on behalf of the agency— allowed to use the paid parental leave de- ‘‘(2) includes updates on major implemen- ‘‘(1) does not violate any right or protec- scribed in subsection (a); and tation challenges or costs associated with tion enshrined in the Constitution of the ‘‘(2) paid parental leave under subsection paid parental leave. United States, including rights articulated (a)— ‘‘(g) DEFINITION OF SON OR DAUGHTER.—For in the First, Fifth, and Fourteenth Amend- ‘‘(A) shall be payable from any appropria- purposes of this section, the term ‘son or ments; tion or fund available for salaries or ex- daughter’ has the meaning given the term in ‘‘(2) does not discriminate for or against an penses for positions within the employing section 6381 of title 5, United States Code.’’. individual on the basis of race, color, reli- element; (2) CLERICAL AMENDMENT.—The table of gion, sex, national origin, age, or handicap; ‘‘(B) may not be considered to be annual or contents in the matter preceding section 2 of ‘‘(3) is not carrying out— vacation leave for purposes of section 5551 or the National Security Act of 1947 (50 U.S.C. ‘‘(A) retaliation for political activities or 5552 of title 5, United States Code, or for any 3002) is amended by inserting after the item beliefs; or other purpose; relating to section 304 the following: ‘‘(B) a coercion or reprisal described in sec- ‘‘(C) if not used by the employee before the ‘‘Sec. 305. Paid parental leave.’’. tion 2302(b)(3) of title 5, United States Code; end of the 12-month period described in sub- (c) APPLICABILITY.—Section 305 of the Na- and section (a) to which the leave relates, may tional Security Act of 1947, as added by sub- ‘‘(4) does not violate section 3001(j)(1) of not be available for any subsequent use and section (b), shall apply with respect to leave the Intelligence Reform and Terrorism Pre- may not be converted into a cash payment; taken in connection with the birth or place- vention Act of 2004 (50 U.S.C. 3341(j)(1)).’’. ‘‘(D) may be granted only to the extent ment of a son or daughter that occurs on or (2) CLERICAL AMENDMENT.—The table of that the employee does not receive a total of after the date on which the Director of Na- contents in the matter preceding section 2 of more than 12 weeks of paid parental leave in tional Intelligence issues the written direc- the National Security Act of 1947 (50 U.S.C. any 12-month period beginning on the date of tive under subsection (e) of such section 305. 3002) is amended by inserting after the item a birth or placement; Subtitle B—Office of the Director of National relating to section 801 the following: ‘‘(E) may not be granted— Intelligence ‘‘(i) in excess of a lifetime aggregate total SEC. 311. EXCLUSIVITY, CONSISTENCY, AND ‘‘Sec. 801A. Decisions relating to access to of 30 administrative workweeks based on TRANSPARENCY IN SECURITY classified information.’’. placements of a foster child for any indi- CLEARANCE PROCEDURES. SEC. 312. LIMITATION ON TRANSFER OF NA- vidual employee; or (a) EXCLUSIVITY OF PROCEDURES.—Section TIONAL INTELLIGENCE UNIVERSITY. ‘‘(ii) in connection with temporary foster 801 of the National Security Act of 1947 (50 (a) LIMITATION.—Neither the Secretary of care placements expected to last less than 1 U.S.C. 3161) is amended by adding at the end Defense nor the Director of National Intel- year; the following: ligence may commence any activity to ‘‘(c) EXCLUSIVITY.—Except as provided in ‘‘(F) may not be granted for a child being transfer the National Intelligence University subsection (b) and subject to sections 801A placed for foster care or adoption if such out of the Defense Intelligence Agency until and 801B, the procedures established pursu- the Secretary and the Director jointly cer- leave was previously granted to the same ant to subsection (a) shall be the exclusive employee when the same child was placed tify each of the following: procedures by which decisions about eligi- (1) The National Intelligence University with the employee for foster care in the past; bility for access to classified information are has positively adjudicated its warning from ‘‘(G) shall be used in increments of hours governed.’’. the Middle States Commission on Higher (or fractions thereof), with 12 administrative (b) TRANSPARENCY.—Such section is fur- workweeks equal to 480 hours for employees ther amended by adding at the end the fol- Education and had its regional accreditation with a regular full-time work schedule and lowing: fully restored. converted to a proportional number of hours ‘‘(d) PUBLICATION.— (2) The National Intelligence University for employees with part-time, seasonal, or ‘‘(1) IN GENERAL.—Not later than 180 days will serve as the exclusive means by which uncommon tours of duty; and after the date of the enactment of this sub- advanced intelligence education is provided ‘‘(H) may not be used during off-season section, the President shall— to personnel of the Department of Defense. (nonpay status) periods for employees with ‘‘(A) publish in the Federal Register the (3) Military personnel will receive joint seasonal work schedules. procedures established pursuant to sub- professional military education from a Na- section (a); or tional Intelligence University location at a ‘‘(d) IMPLEMENTATION PLAN.—Not later ‘‘(B) submit to Congress a certification non-Department of Defense agency. than 1 year after the date of enactment of that the procedures currently in effect that (4) The Department of Education will allow this section, the Director of National Intel- govern access to classified information as de- the Office of the Director of National Intel- ligence shall provide the congressional intel- scribed in subsection (a)— ligence to grant advanced educational de- ligence committees with an implementation ‘‘(i) are published in the Federal Register; grees. plan that includes— and (5) A governance model jointly led by the ‘‘(1) processes and procedures for imple- ‘‘(ii) comply with the requirements of sub- Director and the Secretary of Defense is in menting the paid parental leave policies section (a). place for the National Intelligence Univer- under subsections (a) through (c); ‘‘(2) UPDATES.—Whenever the President sity. ‘‘(2) an explanation of how the implemen- makes a revision to a procedure established (b) COST ESTIMATES.— tation of subsections (a) through (c) will be pursuant to subsection (a), the President (1) DEFINITION OF APPROPRIATE COMMITTEES reconciled with policies of other elements of shall publish such revision in the Federal OF CONGRESS.—In this subsection, the term the Federal Government, including the im- Register not later than 30 days before the ‘‘appropriate committees of Congress’’ pact on elements funded by the National In- date on which the revision becomes effec- means— telligence Program that are housed within tive.’’. (A) the congressional intelligence commit- agencies outside the intelligence commu- (c) CONSISTENCY.— tees; nity; (1) IN GENERAL.—Title VIII of the National (B) the Committee on Armed Services of ‘‘(3) the projected impact of the implemen- Security Act of 1947 (50 U.S.C. 3161 et seq.) is the Senate; and tation of subsections (a) through (c) on the amended by inserting after section 801 the (C) the Committee on Armed Services of workforce of the intelligence community, in- following: the House of Representatives. cluding take rates, retention, recruiting, and ‘‘SEC. 801A. DECISIONS RELATING TO ACCESS TO (2) IN GENERAL.—Before commencing any morale, broken down by each element of the CLASSIFIED INFORMATION. activity to transfer the National Intelligence intelligence community; and ‘‘(a) DEFINITIONS.—In this section: University out of the Defense Intelligence

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 S3778 CONGRESSIONAL RECORD — SENATE June 18, 2019 Agency, the Secretary of Defense and the Di- sure that is protected under section 1104 of ‘‘(I) select a chairperson from inspectors rector of National Intelligence shall jointly the National Security Act of 1947 (50 U.S.C. general of the elements listed under subpara- submit to the appropriate committees of 3234) or section 3001(j)(1) of the Intelligence graph (A)(ii) whom the Inspector General of Congress an estimate of the direct and indi- Reform and Terrorism Prevention Act of 2004 the Intelligence Community considers appro- rect costs of operating the National Intel- (50 U.S.C. 3341(j)). priate; and ligence University and the costs of transfer- SEC. 322. INSPECTOR GENERAL EXTERNAL RE- ‘‘(II) notify the congressional intelligence ring the National Intelligence University to VIEW PANEL. committees of such selection. another agency. (a) AUTHORITY TO CONVENE EXTERNAL RE- ‘‘(3) PERIOD OF REVIEW.—Each external re- (3) CONTENTS.—The estimate submitted VIEW PANELS.— view panel convened under this subsection to under paragraph (2) shall include all indirect (1) IN GENERAL.—Title XI of the National review a claim shall complete review of the costs, including with respect to human re- Security Act of 1947 (50 U.S.C. 3231 et seq.) is claim no later than 270 days after the date sources, security, facilities, and information amended by adding at the end the following on which the Inspector General convenes the technology. new section: external review panel. SEC. 313. IMPROVING VISIBILITY INTO THE SECU- ‘‘SEC. 1105. INSPECTOR GENERAL EXTERNAL RE- ‘‘(d) REMEDIES.— RITY CLEARANCE PROCESS. VIEW PANEL. ‘‘(1) PANEL RECOMMENDATIONS.—If an exter- (a) DEFINITION OF SECURITY EXECUTIVE ‘‘(a) REQUEST FOR REVIEW.—An individual nal review panel convened under subsection with a claim described in subsection (b) may AGENT.—In this section, the term ‘‘Security (c) determines, pursuant to a review of a Executive Agent’’ means the officer serving submit to the Inspector General of the Intel- claim submitted by an individual under sub- as the Security Executive Agent pursuant to ligence Community a request for a review of section (a), that the individual was the sub- such claim by an external review panel con- section 803 of the National Security Act of ject of a personnel action prohibited under vened under subsection (c). 1947, as added by section 605 of division B. section 1104 or was subjected to a reprisal ‘‘(b) CLAIMS AND INDIVIDUALS DESCRIBED.— (b) POLICY REQUIRED.—Not later than 90 prohibited by section 3001(j)(1) of the Intel- A claim described in this subsection is any— ligence Reform and Terrorism Prevention days after the date of the enactment of this ‘‘(1) claim by an individual— Act, the Security Executive Agent shall Act of 2004 (50 U.S.C. 3341(j)(1)), the panel ‘‘(A) that the individual has been subjected may recommend that the agency head take issue a policy that requires the head of each to a personnel action that is prohibited Federal agency to create, not later than De- corrective action— under section 1104; and ‘‘(A) in the case of an employee or former cember 31, 2023, an electronic portal that can ‘‘(B) who has exhausted the applicable re- be used by human resources personnel and employee— view process for the claim pursuant to en- ‘‘(i) to return the employee or former em- applicants for security clearances to view in- forcement of such section; or ployee, as nearly as practicable and reason- formation about the status of an application ‘‘(2) claim by an individual— able, to the position such employee or for a security clearance and the average time ‘‘(A) that he or she has been subjected to a former employee would have held had the re- required for each phase of the security clear- reprisal prohibited by paragraph (1) of sec- prisal not occurred; or ance process. tion 3001(j) of the Intelligence Reform and ‘‘(ii) reconsider the employee’s or former SEC. 314. MAKING CERTAIN POLICIES AND EXE- Terrorism Prevention Act of 2004 (50 U.S.C. employee’s eligibility for access to classified CUTION PLANS RELATING TO PER- 3341(j)); and information consistent with national secu- SONNEL CLEARANCES AVAILABLE ‘‘(B) who received a decision on an appeal TO INDUSTRY PARTNERS. rity; or regarding that claim under paragraph (4) of (a) DEFINITIONS.—In this section: ‘‘(B) in any other case, such other action as such section. the external review panel considers appro- (1) APPROPRIATE INDUSTRY PARTNER.—The ‘‘(c) EXTERNAL REVIEW PANEL CONVENED.— term ‘‘appropriate industry partner’’ means priate. ‘‘(1) DISCRETION TO CONVENE.—Upon receipt a contractor, licensee, or grantee (as defined ‘‘(2) AGENCY ACTION.— of a request under subsection (a) regarding a ‘‘(A) IN GENERAL.—Not later than 90 days in section 101(a) of Executive Order 12829 (50 claim, the Inspector General of the Intel- U.S.C. 3161 note; relating to National Indus- after the date on which the head of an agen- ligence Community may, at the discretion of cy receives a recommendation from an exter- trial Security Program), as in effect on the the Inspector General, convene an external nal review panel under paragraph (1), the day before the date of the enactment of this review panel under this subsection to review head shall— Act) that is participating in the National In- the claim. ‘‘(i) give full consideration to such rec- dustrial Security Program established by ‘‘(2) MEMBERSHIP.— ommendation; and such Executive Order. ‘‘(A) COMPOSITION.—An external review ‘‘(ii) inform the panel and the Director of (2) SECURITY EXECUTIVE AGENT.—The term panel convened under this subsection shall National Intelligence of what action the ‘‘Security Executive Agent’’ means the offi- be composed of three members as follows: head has taken with respect to the rec- cer serving as the Security Executive Agent ‘‘(i) The Inspector General of the Intel- ommendation. pursuant to section 803 of the National Secu- ligence Community. ‘‘(B) FAILURE TO INFORM.—The Director rity Act of 1947, as added by section 605 of di- ‘‘(ii) Except as provided in subparagraph shall notify the President of any failures to vision B. (B), two members selected by the Inspector comply with subparagraph (A)(ii). (b) SHARING OF POLICIES AND PLANS RE- General as the Inspector General considers ‘‘(e) ANNUAL REPORTS.— QUIRED.—Each head of a Federal agency shall appropriate on a case-by-case basis from ‘‘(1) IN GENERAL.—Not less frequently than share policies and plans relating to security among inspectors general of the following: once each year, the Inspector General of the clearances with appropriate industry part- ‘‘(I) The Department of Defense. Intelligence Community shall submit to the ners directly affected by such policies and ‘‘(II) The Department of Energy. congressional intelligence committees and plans in a manner consistent with the pro- ‘‘(III) The Department of Homeland Secu- the Director of National Intelligence a re- tection of national security as well as the rity. port on the activities under this section dur- goals and objectives of the National Indus- ‘‘(IV) The Department of Justice. ing the previous year. trial Security Program administered pursu- ‘‘(V) The Department of State. ‘‘(2) CONTENTS.—Subject to such limita- ant to Executive Order 12829 (50 U.S.C. 3161 ‘‘(VI) The Department of the Treasury. tions as the Inspector General of the Intel- note; relating to the National Industrial Se- ‘‘(VII) The Central Intelligence Agency. ligence Community considers necessary to curity Program). ‘‘(VIII) The Defense Intelligence Agency. protect the privacy of an individual who has (c) DEVELOPMENT OF POLICIES AND PROCE- ‘‘(IX) The National Geospatial-Intelligence made a claim described in subsection (b), DURES REQUIRED.—Not later than 90 days Agency. each report submitted under paragraph (1) after the date of the enactment of this Act, ‘‘(X) The National Reconnaissance Office. shall include, for the period covered by the the Security Executive Agent and the Direc- ‘‘(XI) The National Security Agency. report, the following: tor of the National Industrial Security Pro- ‘‘(B) LIMITATION.—An inspector general of ‘‘(A) The determinations and recommenda- gram shall jointly develop policies and pro- an agency may not be selected to sit on the tions made by the external review panels cedures by which appropriate industry part- panel under subparagraph (A)(ii) to review convened under this section. ners with proper security clearances and a any matter relating to a decision made by ‘‘(B) The responses of the heads of agencies need to know can have appropriate access to such agency. that received recommendations from the ex- the policies and plans shared pursuant to ‘‘(C) CHAIRPERSON.— ternal review panels.’’. subsection (b) that directly affect those in- ‘‘(i) IN GENERAL.—Except as provided in (2) TABLE OF CONTENTS AMENDMENT.—The dustry partners. clause (ii), the chairperson of any panel con- table of contents in the first section of the Subtitle C—Inspector General of the vened under this subsection shall be the In- National Security Act of 1947 is amended by Intelligence Community spector General of the Intelligence Commu- adding at the end the following new item: SEC. 321. DEFINITIONS. nity. ‘‘Sec. 1105. Inspector General external re- In this subtitle: ‘‘(ii) CONFLICTS OF INTEREST.—If the Inspec- view panel.’’. (1) WHISTLEBLOWER.—The term ‘‘whistle- tor General of the Intelligence Community (b) RECOMMENDATION ON ADDRESSING WHIS- blower’’ means a person who makes a whis- finds cause to recuse himself or herself from TLEBLOWER APPEALS RELATING TO REPRISAL tleblower disclosure. a panel convened under this subsection, the COMPLAINTS AGAINST INSPECTORS GENERAL.— (2) WHISTLEBLOWER DISCLOSURE.—The term Inspector General of the Intelligence Com- (1) IN GENERAL.—Not later than 180 days ‘‘whistleblower disclosure’’ means a disclo- munity shall— after the date of the enactment of this Act,

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3779 the Inspector General of the Intelligence system whereby the Inspector General is pro- (2) Such legislative or administrative ac- Community shall submit to the congres- vided, in near real time, the following: tion as may be necessary for both front-end sional intelligence committees a rec- (1) All information relating to complaints screening and in-progress oversight by the ommendation on how to ensure that— by whistleblowers relating to the programs Director of Defense Trade Controls of li- (A) a whistleblower in the intelligence and activities under the jurisdiction of the censes issued by the Director for former em- community who has a complaint against an Director of National Intelligence. ployees of the intelligence community work- inspector general in the intelligence commu- (2) Any inspector general actions relating ing for foreign governments. nity and who alleges a reprisal, has available to such complaints. (3) How increased requirements could be the agency adjudication and appellate review (c) PRIVACY PROTECTIONS.— imposed for periodic compliance reporting provided under section 1104 of the National (1) POLICIES AND PROCEDURES REQUIRED.— when licenses are granted for companies or Security Act of 1947 (50 U.S.C. 3234); and Before establishing the system required by organizations that employ former personnel (B) any such whistleblower who has ex- subsection (b), the Inspector General of the of the intelligence community to execute hausted the applicable review process may Intelligence Community shall establish poli- contracts with foreign governments. request an external review panel and receive cies and procedures to protect the privacy of (c) REPORT AND PLAN.— one, at the discretion of the Inspector Gen- whistleblowers and protect against further (1) DEFINITION OF APPROPRIATE COMMITTEES eral of the Intelligence Community. dissemination of whistleblower information OF CONGRESS.—In this subsection, the term (2) CONTENTS.—The recommendation sub- without consent of the whistleblower. ‘‘appropriate committees of Congress’’ mitted pursuant to paragraph (1) shall in- (2) CONTROL OF DISTRIBUTION.—The system means— clude the following: established under subsection (b) shall pro- (A) the congressional intelligence commit- (A) A discussion of whether and to what de- vide whistleblowers the option of prohibiting tees; gree section 1105 of the National Security distribution of their complaints to the In- (B) the Committee on Armed Services and Act of 1947, as added by subsection (a)(1), spector General of the Intelligence Commu- the Committee on Foreign Relations of the provides appropriate authorities and mecha- nity. Senate; and nisms to provide an external review panel as SEC. 325. REPORT ON CLEARED WHISTLEBLOWER (C) the Committee on Armed Services and described in paragraph (1) of this subsection ATTORNEYS. the Committee on Foreign Affairs of the and for the purposes described in such para- (a) REPORT REQUIRED.—Not later than 1 House of Representatives. graph. year after the date of the enactment of this (2) IN GENERAL.—Not later than 180 days (B) Such recommendations for legislative Act, the Inspector General of the Intel- after the date of the enactment of this Act, or administrative action as the Inspector ligence Community shall submit to the con- the Director of National Intelligence shall General may have with respect to providing gressional intelligence committees a report submit to the appropriate committees of an external review panel as described in on access to cleared attorneys by whistle- Congress— paragraph (1) and for the purposes described blowers in the intelligence community. (A) a report on the findings of the Director (b) CONTENTS.—The report submitted pur- in such paragraph. with respect to the study conducted pursu- suant to subsection (a) shall include the fol- ant to subsection (a); and SEC. 323. HARMONIZATION OF WHISTLEBLOWER lowing: PROCESSES AND PROCEDURES. (B) a plan to carry out such administrative (1) The number of whistleblowers in the in- (a) IN GENERAL.—Not later than 270 days actions as the Director considers appropriate telligence community who sought to retain a after the date of the enactment of this Act, pursuant to the findings described in sub- cleared attorney and at what stage they the Inspector General of the Intelligence paragraph (A). Community, in coordination with the Intel- sought such an attorney. (2) For the 3-year period preceding the re- SEC. 402. COMPREHENSIVE ECONOMIC ASSESS- ligence Community Inspectors General MENT OF INVESTMENT IN KEY Forum, shall develop recommendations, ap- port, the following: UNITED STATES TECHNOLOGIES BY plicable to all inspectors general of elements (A) The number of limited security agree- COMPANIES OR ORGANIZATIONS of the intelligence community, regarding the ments (LSAs). LINKED TO CHINA. harmonization of instructions, policies, and (B) The scope and clearance levels of such (a) ASSESSMENT REQUIRED.—Not later than directives relating to processes, procedures, limited security agreements. 90 days after the date of the enactment of and timelines for claims and appeals relating (C) The number of whistleblowers rep- this Act, the Director of National Intel- to allegations of personnel actions prohib- resented by cleared counsel. ligence, in coordination with the Director of ited under section 1104 of the National Secu- (3) Recommendations for legislative or ad- the National Counterintelligence and Secu- rity Act of 1947 or reprisals prohibited by ministrative action to ensure that whistle- rity Center, the Director of the Federal Bu- section 3001(j)(1) of the Intelligence Reform blowers in the intelligence community have reau of Investigation, the Director of the and Terrorism Prevention Act of 2004 (50 access to cleared attorneys, including im- Central Intelligence Agency, the Secretary U.S.C. 3341(j)(1)). provements to the limited security agree- of the Treasury, and the heads of such other (b) TRANSPARENCY AND PROTECTION.—In de- ment process and such other options as the Federal agencies as the Director of National veloping recommendations under subsection Inspector General of the Intelligence Com- Intelligence considers appropriate, shall sub- (a), the Inspector General of the Intelligence munity considers appropriate. mit to the congressional intelligence com- Community shall make efforts to maximize (c) SURVEY.—The Inspector General of the mittees a comprehensive economic assess- transparency and protect whistleblowers. Intelligence Community shall ensure that ment of investment in key United States SEC. 324. INTELLIGENCE COMMUNITY OVER- the report submitted under subsection (a) is technologies, including emerging tech- SIGHT OF AGENCY WHISTLEBLOWER based on— nologies, by companies or organizations ACTIONS. (1) data from a survey of whistleblowers linked to China, including the implications (a) FEASIBILITY STUDY.— whose claims are reported to the Inspector of these investments for the national secu- (1) IN GENERAL.—Not later than 1 year after General of the Intelligence Community by rity of the United States. the date of the enactment of this Act, the In- means of the oversight system established (b) FORM OF ASSESSMENT.—The assessment spector General of the Intelligence Commu- pursuant to section 324; submitted under subsection (a) shall be sub- nity, in consultation with the Intelligence (2) information obtained from the inspec- mitted in unclassified form, but may include Community Inspectors General Forum, shall tors general of the intelligence community; a classified annex. complete a feasibility study on establishing or SEC. 403. ANALYSIS OF AND PERIODIC BRIEFINGS a hotline whereby all complaints of whistle- (3) information from such other sources as ON MAJOR INITIATIVES OF INTEL- blowers relating to the intelligence commu- may be identified by the Inspector General of LIGENCE COMMUNITY IN ARTIFI- nity are automatically referred to the In- the Intelligence Community. CIAL INTELLIGENCE AND MACHINE spector General of the Intelligence Commu- TITLE IV—REPORTS AND OTHER LEARNING. nity. MATTERS (a) ANALYSIS.— (1) IN GENERAL.—Not later than 90 days (2) ELEMENTS.—The feasibility study con- SEC. 401. STUDY ON FOREIGN EMPLOYMENT OF ducted pursuant to paragraph (1) shall in- FORMER PERSONNEL OF INTEL- after the date of the enactment of this Act, clude the following: LIGENCE COMMUNITY. the Director of National Intelligence shall, (A) The anticipated number of annual (a) STUDY.—The Director of National Intel- in coordination with the heads of such ele- whistleblower complaints received by all ele- ligence, in coordination with the Secretary ments of the intelligence community as the ments of the intelligence community. of Defense and the Secretary of State, shall Director considers appropriate— (B) The additional resources required to conduct a study of matters relating to the (A) complete a comprehensive analysis of implement the hotline, including personnel foreign employment of former personnel of the major initiatives of the intelligence com- and technology. the intelligence community. munity in artificial intelligence and ma- (C) The resulting budgetary effects. (b) ELEMENTS.—The study conducted pur- chine learning; and (D) Findings from the system established suant to subsection (a) shall address the fol- (B) submit to the congressional intel- pursuant to subsection (b). lowing: ligence committees a report on the findings (b) OVERSIGHT SYSTEM REQUIRED.—Not (1) Issues that pertain to former employees of the Director with respect to the analysis later than 180 days after the date of the en- of the intelligence community working with, conducted pursuant to subparagraph (A). actment of this Act, the Inspector General of or in support of, foreign governments, and (2) ELEMENTS.—The analysis conducted the Intelligence Community shall establish a the nature and scope of those concerns. under paragraph (1)(A) shall include analyses

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00149 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 S3780 CONGRESSIONAL RECORD — SENATE June 18, 2019 of how the initiatives described in such para- data and developing software-based solutions contract or under an existing authority of graph— to diverse and ever-changing challenges on the Director, the establishment of a Social (A) correspond with the strategy of the in- their platforms, which makes them well- Media Data Analysis Center with the func- telligence community entitled ‘‘Augmenting equipped to address the threat occurring on tions described in paragraph (2) at an inde- Intelligence Using Machines’’; their platforms. pendent, nonprofit organization. (B) complement each other and avoid un- (9) Independent analyses confirmed Krem- (2) FUNCTIONS.—The functions described in necessary duplication; lin-linked threat networks, based on data this paragraph are the following: (C) are coordinated with the efforts of the provided by several social media companies (A) Acting as a convening and sponsoring Defense Department on artificial intel- to the Select Committee on Intelligence of authority for cooperative social media data ligence, including efforts at the Joint Artifi- the Senate, thereby demonstrating that it is analysis of foreign threat networks involving cial Intelligence Center (JAIC) and Project possible to discern both broad patterns of social media companies and third-party ex- Maven; and cross-platform information warfare oper- perts, nongovernmental organizations, data (D) leverage advances in artificial intel- ations and specific fraudulent behavior on journalists, federally funded research and de- ligence and machine learning in the private social media platforms. velopment centers, and academic research- sector. (10) General Paul Nakasone, Director of ers. (b) PERIODIC BRIEFINGS.—Not later than 30 the National Security Agency, emphasized (B) Facilitating analysis within and across days after the date of the enactment of this the importance of these independent anal- the individual social media platforms for the Act, not less frequently than twice each year yses to the planning and conduct of military purpose of detecting, exposing, and coun- cyber operations to frustrate Kremlin-linked thereafter until the date that is 2 years after tering clandestine foreign influence oper- the date of the enactment of this Act, and information warfare operations against the ations and related unlawful activities that not less frequently than once each year 2018 mid-term elections. General Nakasone fund or subsidize such operations. thereafter until the date that is 7 years after stated that the reports ‘‘were very, very (C) Developing processes to share informa- the date of the enactment of this Act, the helpful in terms of being able to understand tion from government entities on foreign in- Director and the Chief Information Officer of exactly what our adversary was trying to do the Department of Defense shall jointly pro- to build dissent within our nation.’’. fluence operations with the individual social vide to the congressional intelligence com- (11) Institutionalizing ongoing robust, media companies to inform threat analysis, mittees and congressional defense commit- independent, and vigorous analysis of data and working with the Office of the Director tees (as defined in section 101 of title 10, related to foreign threat networks within of National Intelligence as appropriate. United States Code) briefings with updates and across social media platforms will help (D) Determining and making public cri- on activities relating to, and the progress of, counter ongoing information warfare oper- teria for identifying which companies, orga- their respective artificial intelligence and ations against the United States, its allies, nizations, or researchers qualify for inclu- machine learning initiatives, particularly and its partners. sion in the activities of the Center, and in- the Augmenting Intelligence Using Machines (12) Archiving and disclosing to the public viting entities that fit the criteria to join. initiative and the Joint Artificial Intel- the results of these analyses by the social (E) Determining jointly with the social ligence Center. media companies and trusted third-party ex- media companies what data and metadata SEC. 404. ENCOURAGING COOPERATIVE ACTIONS perts in a transparent manner will serve to related to indicators of foreign adversary TO DETECT AND COUNTER FOREIGN demonstrate that the social media compa- threat networks from their platforms and INFLUENCE OPERATIONS. nies are detecting and removing foreign ma- business operations will be made available (a) FINDINGS.—Congress makes the fol- lign activities from their platforms while for access and analysis. lowing findings: protecting the privacy of the people of the (F) Developing and making public the cri- (1) The Russian Federation, through mili- United States and will build public under- teria and standards that must be met for tary intelligence units, also known as the standing of the scale and scope of these for- companies, other organizations, and indi- ‘‘GRU’’, and Kremlin-linked troll organiza- eign threats to our democracy, since expo- vidual researchers to access and analyze data tions often referred to as the ‘‘Internet Re- sure is one of the most effective means to relating to foreign adversary threat net- search Agency’’, deploy information warfare build resilience. works within and across social media plat- operations against the United States, its al- (b) SENSE OF THE SENATE.—It is the sense forms and publish or otherwise use the relies and partners, with the goal of advancing of the Senate that— sults. the strategic interests of the Russian Fed- (1) the social media companies should co- (G) Developing and making public the eth- eration. operate among themselves and with inde- ical standards for investigation of foreign (2) One line of effort deployed as part of pendent organizations and researchers on a threat networks and use of analytic results these information warfare operations is the sustained and regular basis to share and ana- and for protection of the privacy of the cus- weaponization of social media platforms lyze data and indicators relevant to foreign tomers and users of the social media plat- with the goals of intensifying societal ten- information warfare operations within and forms and of the proprietary information of sions, undermining trust in governmental in- across their platforms in order to detect and the social media companies. stitutions within the United States, its allies counter foreign information warfare oper- (H) Developing technical, contractual, and and partners in the West, and generally sow- ations that threaten the national security of procedural controls to prevent misuse of ing division, fear, and confusion. the United States and its allies and partners; data, including any necessary auditing pro- (3) These information warfare operations (2) these analytic efforts should be orga- cedures, compliance checks, and review are a threat to the national security of the nized in such a fashion as to meet the high- mechanisms. United States and that of the allies and part- est standards of ethics, confidentiality, and (I) Developing and making public criteria ners of the United States. As Director of Na- privacy protection of the people of the and conditions under which the Center shall tional Intelligence Dan Coats stated, ‘‘These United States; share information with the appropriate Gov- actions are persistent, they are pervasive (3) these analytic efforts should be under- ernment agencies regarding threats to na- and they are meant to undermine America’s taken as soon as possible to facilitate coun- tional security from, or violations of the law democracy.’’. tering ongoing Kremlin, Kremlin-linked, and involving, foreign activities on social media (4) These information warfare operations other foreign information warfare operations platforms. continue to evolve and increase in sophis- and to aid in preparations for the United (J) Developing a searchable, public archive tication. States presidential and congressional elec- aggregating information related to foreign (5) Other foreign adversaries and hostile tions in 2020 and beyond; influence and disinformation operations to non-state actors will increasingly adopt (4) the structure and operations of social build a collective understanding of the similar tactics of deploying information war- media companies make them well positioned threats and facilitate future examination fare operations against the West. to address foreign adversary threat networks consistent with privacy protections. (6) Technological advances, including arti- within and across their platforms, and these (d) REPORTING AND NOTIFICATIONS.—If the ficial intelligence, will only make it more efforts could be conducted without direct Director of National Intelligence chooses to difficult in the future to detect fraudulent Government involvement, direction, or regu- accounts, deceptive material posted on so- lation; and use funds under subsection (c)(1) to facilitate cial media, and malign behavior on social (5) if the social media industry fails to the establishment of the Center, the Director media platforms. take sufficient action to address foreign ad- of the Center shall— (7) Because these information warfare op- versary threat networks operating within or (1) not later than March 1, 2020, submit to erations are deployed within and across pri- across their platforms, Congress would have Congress a report on— vate social media platforms, the companies to consider additional safeguards for ensur- (A) the estimated funding needs of the Cen- that own these platforms have a responsi- ing that this threat is effectively mitigated. ter for fiscal year 2021 and for subsequent bility to detect and remove foreign adver- (c) AUTHORITY TO FACILITATE ESTABLISH- years; sary networks operating clandestinely on MENT OF SOCIAL MEDIA DATA ANALYSIS CEN- (B) such statutory protections from liabil- their platforms. TER.— ity as the Director considers necessary for (8) The social media companies are inher- (1) AUTHORITY.—The Director of National the Center, participating social media com- ently technologically sophisticated and Intelligence, in coordination with the Sec- panies, and participating third-party analyt- adept at rapidly analyzing large amounts of retary of Defense, may facilitate, by grant or ical participants;

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00150 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3781 (C) such statutory penalties as the Direc- telligence, in consultation with such ele- sure in international standard-setting bod- tor considers necessary to ensure against ments of the intelligence community as the ies. misuse of data by researchers; and Director considers appropriate and con- (c) FORM.—The report submitted under (D) such changes to the Center’s mission to sistent with the privacy protections afforded subsection (a) shall be submitted in unclassi- fully capture broader unlawful activities to United States persons, shall submit to fied form to the greatest extent practicable, that intersect with, complement, or support congressional intelligence committees a re- but may include a classified appendix if nec- information warfare tactics; and port on risks to sensitive research subjects essary. (2) not less frequently than once each year, posed by foreign entities in order to provide SEC. 407. ANNUAL REPORT BY COMPTROLLER submit to the Director of National Intel- Congress and covered institutions of higher education with more complete information GENERAL OF THE UNITED STATES ligence, the Secretary of Defense, and the ap- ON CYBERSECURITY AND SURVEIL- propriate congressional committees a re- on these risks and to help ensure academic LANCE THREATS TO CONGRESS. port— freedom. (c) CONTENTS.—The report required by sub- (a) ANNUAL REPORT REQUIRED.—Not later (A) that assesses— than 180 days after the date of the enactment (i) degree of cooperation and commitment section (b) shall include the following: (1) A list of sensitive research subjects that of this Act and not less frequently than once from the social media companies to the mis- each year thereafter, the Comptroller Gen- sion of the Center; and could affect national security. (2) A list of foreign entities, including gov- eral of the United States shall submit to the (ii) effectiveness of the Center in detecting ernments, corporations, nonprofit organiza- congressional intelligence committees a re- and removing clandestine foreign informa- tions and for-profit organizations, and any port on cybersecurity and surveillance tion warfare operations from social media subsidiary or affiliate of such an entity, that threats to Congress. platforms; and the Director determines pose a counterintel- (b) STATISTICS.—Each report submitted (B) includes such recommendations for leg- ligence, espionage (including economic espi- under subsection (a) shall include statistics islative or administrative action as the Cen- onage), or other national security threats on cyber attacks and other incidents of espi- ter considers appropriate to carry out the with respect to sensitive research subjects. onage or surveillance targeted against Sen- functions of the Center. (3) A list of any known or suspected at- ators or the immediate families or staff of (e) PERIODIC REPORTING TO THE PUBLIC.— The Director of the Center shall— tempts by foreign entities to exert pressure the Senators, in which the nonpublic com- (1) once each quarter, make available to on covered institutions of higher education, munications and other private information including attempts to limit freedom of the public a report on key trends in foreign of such targeted individuals were lost, sto- speech, propagate misinformation or influence and disinformation operations, in- len, or otherwise subject to unauthorized ac- disinformation, or to influence professors, cluding any threats to campaigns and elec- cess by criminals or a foreign government. researchers, or students. tions, to inform the public of the United (c) CONSULTATION.—In preparing a report (4) Recommendations for collaboration be- States; and to be submitted under subsection (a), the tween covered institutions of higher edu- (2) as the Director considers necessary, Comptroller General shall consult with the cation and the intelligence community to provide more timely assessments relating to Director of National Intelligence, the Sec- mitigate threats to sensitive research sub- ongoing disinformation campaigns. retary of Homeland Security, and the Ser- jects associated with foreign influence in (f) FUNDING.—Of the amounts appropriated geant at Arms and Doorkeeper of the Senate. or otherwise made available to the National academia, including any necessary legislative or administrative action. SEC. 408. DIRECTOR OF NATIONAL INTEL- Intelligence Program (as defined in section 3 LIGENCE ASSESSMENTS OF FOR- (d) CONGRESSIONAL NOTIFICATIONS RE- of the National Security Act of 1947 (50 EIGN INTERFERENCE IN ELECTIONS. QUIRED.—Not later than 30 days after the U.S.C. 3003)) in fiscal year 2020 and 2021, the date on which the Director identifies a (a) ASSESSMENTS REQUIRED.—Not later Director of National Intelligence may use up change to either list described in paragraph than 45 days after the conclusion of a United to $30,000,000 to carry out this section. (1) or (2) of subsection (c), the Director shall States election, the Director of National In- (g) DEFINITION OF APPROPRIATE CONGRES- notify the congressional intelligence com- telligence, in consultation with the heads of SIONAL COMMITTEES.—In this section, the such other executive departments and agen- term ‘‘appropriate congressional commit- mittees of the change. cies as the Director considers appropriate, tees’’ means— SEC. 406. DIRECTOR OF NATIONAL INTEL- LIGENCE REPORT ON FIFTH-GEN- shall— (1) the Committee on Armed Services of ERATION WIRELESS NETWORK (1) conduct an assessment of any informa- the Senate; TECHNOLOGY. tion indicating that a foreign government, or (2) the Committee on Homeland Security (a) REPORT REQUIRED.—Not later than 180 any person acting as an agent of or on behalf and Governmental Affairs of the Senate; days after the date of the enactment of this of a foreign government, has acted with the (3) the Committee on Foreign Relations of Act, the Director of National Intelligence intent or purpose of interfering in that elec- the Senate; shall submit to the congressional intel- tion; and (4) the Committee on the Judiciary of the ligence committees a report on— (2) transmit the findings of the Director Senate; (1) the threat to United States national se- with respect to the assessment conducted (5) the Select Committee on Intelligence of curity posed by the global and regional adop- under paragraph (1), along with such sup- the Senate; tion of fifth-generation (5G) wireless net- porting information as the Director con- (6) the Committee on Armed Services of work technology built by foreign companies; siders appropriate, to the following: the House of Representatives; and (A) The President. (7) the Committee on Homeland Security (2) the effect of possible efforts to mitigate (B) The Secretary of State. of the House of Representatives; the threat. (C) The Secretary of the Treasury. (8) the Committee on Foreign Affairs of the (b) CONTENTS.—The report required by sub- (D) The Secretary of Defense. House of Representatives; section (a) shall include: (E) The Attorney General. (9) the Committee on the Judiciary of the (1) The timeline and scale of global and re- (F) The Secretary of Homeland Security. House of Representatives; and gional adoption of foreign fifth-generation (G) Congress. (10) the Permanent Select Committee on wireless network technology. Intelligence of the House of Representatives. (2) The implications of such global and re- (b) ELEMENTS.—An assessment conducted under subsection (a)(1), with respect to an SEC. 405. OVERSIGHT OF FOREIGN INFLUENCE IN gional adoption on the cyber and espionage ACADEMIA. threat to the United States and United act described in such subsection, shall iden- (a) DEFINITIONS.—In this section: States interests as well as to United States tify, to the maximum extent ascertainable, (1) COVERED INSTITUTION OF HIGHER EDU- cyber and collection capabilities. the following: CATION.—The term ‘‘covered institution of (3) The effect of possible mitigation efforts, (1) The nature of any foreign interference higher education’’ means an institution de- including: and any methods employed to execute the scribed in section 102 of the Higher Edu- (A) United States Government policy pro- act. cation Act of 1965 (20 U.S.C. 1002) that re- moting the use of strong, end-to-end (2) The persons involved. ceives Federal funds in any amount and for encryption for data transmitted over fifth- (3) The foreign government or governments any purpose. generation wireless networks. that authorized, directed, sponsored, or sup- (2) SENSITIVE RESEARCH SUBJECT.—The (B) United States Government policy pro- ported the act. term ‘‘sensitive research subject’’ means a moting or funding free, open-source imple- (c) PUBLICATION.—In a case in which the subject of research that is carried out at a mentation of fifth-generation wireless net- Director conducts an assessment under sub- covered institution of higher education that work technology. section (a)(1) with respect to an election, the receives funds that were appropriated for— (C) United States Government subsidies or Director shall, as soon as practicable after (A) the National Intelligence Program; or incentives that could be used to promote the the date of the conclusion of such election (B) any Federal agency the Director of Na- adoption of secure fifth-generation wireless and not later than 60 days after the date of tional Intelligence deems appropriate. network technology developed by companies such conclusion, make available to the pub- (b) REPORT REQUIRED.—Not later than 180 of the United States or companies of allies of lic, to the greatest extent possible consistent days after the date of the enactment of this the United States. with the protection of sources and methods, Act and not less frequently than once each (D) United States Government strategy to the findings transmitted under subsection year thereafter, the Director of National In- reduce foreign influence and political pres- (a)(2).

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00151 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 S3782 CONGRESSIONAL RECORD — SENATE June 18, 2019 SEC. 409. STUDY ON FEASIBILITY AND ADVIS- Sec. 304. Modification of appointment of Sec. 433. Framework for roles, missions, and ABILITY OF ESTABLISHING Chief Information Officer of the functions of Defense Intel- GEOSPATIAL-INTELLIGENCE MU- Intelligence Community. ligence Agency. SEUM AND LEARNING CENTER. Sec. 305. Director of National Intelligence Sec. 434. Establishment of advisory board (a) STUDY REQUIRED.—Not later than 180 review of placement of posi- for National Reconnaissance days after the date of the enactment of this tions within the intelligence Office. Act, the Director of the National Geospatial- community on the Executive Sec. 435. Collocation of certain Department Intelligence Agency shall complete a study Schedule. of Homeland Security personnel on the feasibility and advisability of estab- Sec. 306. Supply Chain and Counterintel- at field locations. lishing a Geospatial-Intelligence Museum ligence Risk Management Task and learning center. TITLE V—ELECTION MATTERS Force. (b) ELEMENTS.—The study required by sub- Sec. 501. Report on cyber attacks by foreign Sec. 307. Consideration of adversarial tele- section (a) shall include the following: governments against United communications and cybersecu- (1) Identifying the costs, opportunities, and States election infrastructure. rity infrastructure when shar- challenges of establishing the museum and Sec. 502. Review of intelligence commu- ing intelligence with foreign learning center as described in such sub- nity’s posture to collect against governments and entities. section. and analyze Russian efforts to Sec. 308. Cyber protection support for the (2) Developing recommendations con- influence the Presidential elec- personnel of the intelligence cerning such establishment. tion. community in positions highly (3) Identifying and reviewing lessons Sec. 503. Assessment of foreign intelligence vulnerable to cyber attack. learned from the establishment of the Cyber threats to Federal elections. Sec. 309. Modification of authority relating Center for Education and Innovation-Home Sec. 504. Strategy for countering Russian to management of supply-chain of the National Cryptologic Museum under cyber threats to United States risk. section 7781(a) of title 10, United States elections. Sec. 310. Limitations on determinations re- Code. Sec. 505. Assessment of significant Russian garding certain security classi- (c) REPORT.—Not later than 180 days after influence campaigns directed at fications. the date of the enactment of this Act, the foreign elections and referenda. Sec. 311. Joint Intelligence Community Director shall submit to the congressional Sec. 506. Foreign counterintelligence and Council. intelligence committees and the congres- cybersecurity threats to Fed- sional defense committees (as defined in sec- Sec. 312. Intelligence community information technology environment. eral election campaigns. tion 101 of title 10, United States Code) a re- Sec. 507. Information sharing with State port on the findings of the Director with re- Sec. 313. Report on development of secure mobile voice solution for intel- election officials. spect to the study completed under sub- Sec. 508. Notification of significant foreign section (a). ligence community. Sec. 314. Policy on minimum insider threat cyber intrusions and active SEC. 410. REPORT ON DEATH OF JAMAL measures campaigns directed at KHASHOGGI. standards. Sec. 315. Submission of intelligence commu- elections for Federal offices. (a) IN GENERAL.—Not later than 30 days Sec. 509. Designation of counterintelligence after the date of the enactment of this Act, nity policies. Sec. 316. Expansion of intelligence commu- officer to lead election security the Director of National Intelligence shall matters. submit to Congress a report on the death of nity recruitment efforts. Jamal Khashoggi, consistent with protecting TITLE IV—MATTERS RELATING TO ELE- TITLE VI—SECURITY CLEARANCES sources and methods. Such report shall in- MENTS OF THE INTELLIGENCE COMMU- Sec. 601. Definitions. clude identification of those who carried out, NITY Sec. 602. Reports and plans relating to secu- participated in, ordered, or were otherwise Subtitle A—Office of the Director of rity clearances and background complicit in or responsible for the death of National Intelligence investigations. Jamal Khashoggi. Sec. 603. Improving the process for security Sec. 401. Authority for protection of current (b) FORM.—The report submitted under clearances. and former employees of the Of- subsection (a) shall be submitted in unclassi- Sec. 604. Goals for promptness of determina- fice of the Director of National fied form. tions regarding security clear- Intelligence. DIVISION—INTELLIGENCE AUTHORIZA- ances. Sec. 402. Designation of the program man- TIONS FOR FISCAL YEARS 2018 AND 2019 Sec. 605. Security Executive Agent. ager-information sharing envi- Sec. 606. Report on unified, simplified, Gov- SEC. 1. SHORT TITLE; TABLE OF CONTENTS. ronment. ernmentwide standards for po- (a) SHORT TITLE.—This division may be Sec. 403. Technical modification to the exec- sitions of trust and security cited as the ‘‘Damon Paul Nelson and Mat- utive schedule. thew Young Pollard Intelligence Authoriza- Sec. 404. Chief Financial Officer of the Intel- clearances. Sec. 607. Report on clearance in person con- tion Act for Fiscal Years 2018 and 2019’’. ligence Community. (b) TABLE OF CONTENTS.—The table of con- Sec. 405. Chief Information Officer of the In- cept. tents for this division is as follows: telligence Community. Sec. 608. Budget request documentation on DIVISION ll—INTELLIGENCE AUTHOR- funding for background inves- Subtitle B—Central Intelligence Agency IZATIONS FOR FISCAL YEARS 2018 AND tigations. 2019 Sec. 411. Central Intelligence Agency sub- Sec. 609. Reports on reciprocity for security sistence for personnel assigned Sec. 1. Short title; table of contents. clearances inside of depart- Sec. 2. Definitions. to austere locations. ments and agencies. Sec. 412. Expansion of security protective TITLE I—INTELLIGENCE ACTIVITIES Sec. 610. Intelligence community reports on service jurisdiction of the Cen- security clearances. Sec. 101. Authorization of appropriations. tral Intelligence Agency. Sec. 611. Periodic report on positions in the Sec. 102. Classified Schedule of Authoriza- Sec. 413. Repeal of foreign language pro- intelligence community that tions. ficiency requirement for cer- Sec. 103. Intelligence Community Manage- can be conducted without ac- tain senior level positions in ment Account. cess to classified information, the Central Intelligence Agen- networks, or facilities. TITLE II—CENTRAL INTELLIGENCE cy. Sec. 612. Information sharing program for AGENCY RETIREMENT AND DIS- Subtitle C—Office of Intelligence and Coun- positions of trust and security ABILITY SYSTEM terintelligence of Department of Energy clearances. Sec. 201. Authorization of appropriations. Sec. 613. Report on protections for confiden- Sec. 202. Computation of annuities for em- Sec. 421. Consolidation of Department of En- ergy Offices of Intelligence and tiality of whistleblower-related ployees of the Central Intel- communications. ligence Agency. Counterintelligence. Sec. 422. Repeal of Department of Energy In- TITLE VII—REPORTS AND OTHER TITLE III—GENERAL INTELLIGENCE telligence Executive Com- MATTERS COMMUNITY MATTERS mittee and budget reporting re- Subtitle A—Matters Relating to Russia and Sec. 301. Restriction on conduct of intel- quirement. ligence activities. Other Foreign Powers Sec. 302. Increase in employee compensation Subtitle D—Other Elements Sec. 701. Limitation relating to establish- and benefits authorized by law. Sec. 431. Plan for designation of counter- ment or support of cybersecu- Sec. 303. Modification of special pay author- intelligence component of De- rity unit with the Russian Fed- ity for science, technology, en- fense Security Service as an eration. gineering, or mathematics posi- element of intelligence commu- Sec. 702. Report on returning Russian com- tions and addition of special nity. pounds. pay authority for cyber posi- Sec. 432. Notice not required for private en- Sec. 703. Assessment of threat finance relat- tions. tities. ing to Russia.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00152 Fmt 0624 Sfmt 0655 E:\CR\FM\A18JN6.090 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3783 Sec. 704. Notification of an active measures Sec. 732. Report on possible exploitation of (a) shall be made available to the Committee campaign. virtual currencies by terrorist on Appropriations of the Senate, the Com- Sec. 705. Notification of travel by accredited actors. mittee on Appropriations of the House of diplomatic and consular per- Subtitle C—Other Matters Representatives, and to the President. sonnel of the Russian Federa- Sec. 741. Public Interest Declassification (2) DISTRIBUTION BY THE PRESIDENT.—Sub- tion in the United States. Board. ject to paragraph (3), the President shall pro- Sec. 706. Report on outreach strategy ad- Sec. 742. Securing energy infrastructure. vide for suitable distribution of the classified dressing threats from United Sec. 743. Bug bounty programs. Schedule of Authorizations referred to in States adversaries to the Sec. 744. Modification of authorities relating subsection (a), or of appropriate portions of United States technology sec- to the National Intelligence such Schedule, within the executive branch. tor. University. (3) LIMITS ON DISCLOSURE.—The President Sec. 707. Report on Iranian support of proxy Sec. 745. Technical and clerical amendments shall not publicly disclose the classified forces in Syria and Lebanon. to the National Security Act of Schedule of Authorizations or any portion of Sec. 708. Annual report on Iranian expendi- 1947. such Schedule except— tures supporting foreign mili- Sec. 746. Technical amendments related to (A) as provided in section 601(a) of the Im- tary and terrorist activities. the Department of Energy. plementing Recommendations of the 9/11 Sec. 709. Expansion of scope of committee to Sec. 747. Sense of Congress on notification of Commission Act of 2007 (50 U.S.C. 3306(a)); counter active measures and re- certain disclosures of classified (B) to the extent necessary to implement port on establishment of For- information. the budget; or eign Malign Influence Center. Sec. 748. Sense of Congress on consideration (C) as otherwise required by law. Subtitle B—Reports of espionage activities when SEC. 103. INTELLIGENCE COMMUNITY MANAGE- Sec. 711. Technical correction to Inspector considering whether or not to MENT ACCOUNT. General study. provide visas to foreign individ- (a) AUTHORIZATION OF APPROPRIATIONS.— Sec. 712. Reports on authorities of the Chief uals to be accredited to a There is authorized to be appropriated for Intelligence Officer of the De- United Nations mission in the the Intelligence Community Management partment of Homeland Secu- United States. Account of the Director of National Intel- rity. Sec. 749. Sense of Congress on WikiLeaks. ligence for fiscal year 2019 the sum of Sec. 713. Report on cyber exchange program. SEC. 2. DEFINITIONS. $522,424,000. Sec. 714. Review of intelligence community In this division: (b) CLASSIFIED AUTHORIZATION OF APPRO- PRIATIONS.—In addition to amounts author- whistleblower matters. (1) CONGRESSIONAL INTELLIGENCE COMMIT- ized to be appropriated for the Intelligence Sec. 715. Report on role of Director of Na- TEES.—The term ‘‘congressional intelligence tional Intelligence with respect committees’’ has the meaning given such Community Management Account by subsection (a), there are authorized to be appro- to certain foreign investments. term in section 3 of the National Security priated for the Intelligence Community Man- Sec. 716. Report on surveillance by foreign Act of 1947 (50 U.S.C. 3003). agement Account for fiscal year 2019 such ad- governments against United (2) INTELLIGENCE COMMUNITY.—The term ditional amounts as are specified in the clas- States telecommunications net- ‘‘intelligence community’’ has the meaning sified Schedule of Authorizations referred to works. given such term in such section. in section 102(a). Sec. 717. Biennial report on foreign invest- TITLE I—INTELLIGENCE ACTIVITIES ment risks. TITLE II—CENTRAL INTELLIGENCE AGEN- Sec. 718. Modification of certain reporting SEC. 101. AUTHORIZATION OF APPROPRIATIONS. CY RETIREMENT AND DISABILITY SYS- requirement on travel of for- (a) FISCAL YEAR 2019.—Funds are hereby TEM eign diplomats. authorized to be appropriated for fiscal year SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Sec. 719. Semiannual reports on investiga- 2019 for the conduct of the intelligence and There is authorized to be appropriated for tions of unauthorized disclo- intelligence-related activities of the fol- the Central Intelligence Agency Retirement sures of classified information. lowing elements of the United States Gov- and Disability Fund $514,000,000 for fiscal Sec. 720. Congressional notification of des- ernment: year 2019. ignation of covered intelligence (1) The Office of the Director of National SEC. 202. COMPUTATION OF ANNUITIES FOR EM- officer as persona non grata. Intelligence. PLOYEES OF THE CENTRAL INTEL- Sec. 721. Reports on intelligence community (2) The Central Intelligence Agency. LIGENCE AGENCY. participation in vulnerabilities (3) The Department of Defense. (a) COMPUTATION OF ANNUITIES.— equities process of Federal Gov- (4) The Defense Intelligence Agency. (1) IN GENERAL.—Section 221 of the Central ernment. (5) The National Security Agency. Intelligence Agency Retirement Act (50 Sec. 722. Inspectors General reports on clas- (6) The Department of the Army, the De- U.S.C. 2031) is amended— sification. partment of the Navy, and the Department (A) in subsection (a)(3)(B), by striking the Sec. 723. Reports on global water insecurity of the Air Force. period at the end and inserting ‘‘, as deter- and national security implica- (7) The Coast Guard. mined by using the annual rate of basic pay tions and briefing on emerging (8) The Department of State. that would be payable for full-time service in infectious disease and (9) The Department of the Treasury. that position.’’; pandemics. (10) The Department of Energy. (B) in subsection (b)(1)(C)(i), by striking Sec. 724. Annual report on memoranda of (11) The Department of Justice. ‘‘12-month’’ and inserting ‘‘2-year’’; understanding between ele- (12) The Federal Bureau of Investigation. (C) in subsection (f)(2), by striking ‘‘one ments of intelligence commu- (13) The Drug Enforcement Administra- year’’ and inserting ‘‘two years’’; nity and other entities of the tion. (D) in subsection (g)(2), by striking ‘‘one United States Government re- (14) The National Reconnaissance Office. year’’ each place such term appears and in- garding significant operational (15) The National Geospatial-Intelligence serting ‘‘two years’’; activities or policy. Agency. (E) by redesignating subsections (h), (i), (j), Sec. 725. Study on the feasibility of (16) The Department of Homeland Secu- (k), and (l) as subsections (i), (j), (k), (l), and encrypting unclassified wireline rity. (m), respectively; and and wireless telephone calls. (b) FISCAL YEAR 2018.—Funds that were ap- (F) by inserting after subsection (g) the Sec. 726. Modification of requirement for an- propriated for fiscal year 2018 for the conduct following: nual report on hiring and reten- of the intelligence and intelligence-related ‘‘(h) CONDITIONAL ELECTION OF INSURABLE tion of minority employees. activities of the elements of the United INTEREST SURVIVOR ANNUITY BY PARTICI- Sec. 727. Reports on intelligence community States set forth in subsection (a) are hereby PANTS MARRIED AT THE TIME OF RETIRE- loan repayment and related authorized. MENT.— programs. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- ‘‘(1) AUTHORITY TO MAKE DESIGNATION.— Sec. 728. Repeal of certain reporting require- TIONS. Subject to the rights of former spouses under ments. (a) SPECIFICATIONS OF AMOUNTS.—The subsection (b) and section 222, at the time of Sec. 729. Inspector General of the Intel- amounts authorized to be appropriated under retirement a married participant found by ligence Community report on section 101 for the conduct of the intel- the Director to be in good health may elect senior executives of the Office ligence activities of the elements listed in to receive an annuity reduced in accordance of the Director of National In- paragraphs (1) through (16) of section 101, are with subsection (f)(1)(B) and designate in telligence. those specified in the classified Schedule of writing an individual having an insurable in- Sec. 730. Briefing on Federal Bureau of In- Authorizations prepared to accompany this terest in the participant to receive an annu- vestigation offering permanent division. ity under the system after the participant’s residence to sources and co- (b) AVAILABILITY OF CLASSIFIED SCHEDULE death, except that any such election to pro- operators. OF AUTHORIZATIONS.— vide an insurable interest survivor annuity Sec. 731. Intelligence assessment of North (1) AVAILABILITY.—The classified Schedule to the participant’s spouse shall only be ef- Korea revenue sources. of Authorizations referred to in subsection fective if the participant’s spouse waives the

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00153 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 S3784 CONGRESSIONAL RECORD — SENATE June 18, 2019 spousal right to a survivor annuity under by such additional or supplemental amounts vision of law, special rates of pay and the this Act. The amount of the annuity shall be as may be necessary for increases in such limitation established under paragraph (1)(B) equal to 55 percent of the participant’s re- compensation or benefits authorized by law. may not be used as comparative references duced annuity. SEC. 303. MODIFICATION OF SPECIAL PAY AU- for the purpose of fixing the rates of basic ‘‘(2) REDUCTION IN PARTICIPANT’S ANNUITY.— THORITY FOR SCIENCE, TECH- pay or maximum pay limitations of qualified The annuity payable to the participant mak- NOLOGY, ENGINEERING, OR MATHE- positions under section 1599f of title 10, ing such election shall be reduced by 10 per- MATICS POSITIONS AND ADDITION United States Code, or section 226 of the OF SPECIAL PAY AUTHORITY FOR cent of an annuity computed under sub- CYBER POSITIONS. Homeland Security Act of 2002 (6 U.S.C. section (a) and by an additional 5 percent for Section 113B of the National Security Act 147).’’; each full 5 years the designated individual is of 1947 (50 U.S.C. 3049a) is amended— (4) in subsection (c), as redesignated by younger than the participant. The total re- (1) by amending subsection (a) to read as paragraph (2), by striking ‘‘A minimum’’ and duction under this subparagraph may not ex- follows: inserting ‘‘Except as provided in subsection ceed 40 percent. ‘‘(a) SPECIAL RATES OF PAY FOR POSITIONS (b), a minimum’’; ‘‘(3) COMMENCEMENT OF SURVIVOR ANNU- REQUIRING EXPERTISE IN SCIENCE, TECH- (5) in subsection (d), as redesignated by ITY.—The annuity payable to the designated NOLOGY, ENGINEERING, OR MATHEMATICS.— paragraph (2), by inserting ‘‘or (b)’’ after ‘‘by individual shall begin on the day after the ‘‘(1) IN GENERAL.—Notwithstanding part III subsection (a)’’; and retired participant dies and terminate on the of title 5, United States Code, the head of (6) in subsection (g), as redesignated by last day of the month before the designated each element of the intelligence community paragraph (2)— individual dies. may, for 1 or more categories of positions in (A) in paragraph (1), by striking ‘‘Not later ‘‘(4) RECOMPUTATION OF PARTICIPANT’SAN- such element that require expertise in than 90 days after the date of the enactment NUITY ON DEATH OF DESIGNATED INDIVIDUAL.— science, technology, engineering, or mathe- of the Intelligence Authorization Act for Fis- An annuity that is reduced under this sub- matics— cal Year 2017’’ and inserting ‘‘Not later than section shall, effective the first day of the ‘‘(A) establish higher minimum rates of 90 days after the date of the enactment of month following the death of the designated pay; and the Damon Paul Nelson and Matthew Young individual, be recomputed and paid as if the ‘‘(B) make corresponding increases in all Pollard Intelligence Authorization Act for annuity had not been so reduced.’’. rates of pay of the pay range for each grade Fiscal Years 2018 and 2019’’; and (2) CONFORMING AMENDMENTS.— or level, subject to subsection (b) or (c), as (B) in paragraph (2)(A), by inserting ‘‘or (A) CENTRAL INTELLIGENCE AGENCY RETIRE- applicable. (b)’’ after ‘‘subsection (a)’’. MENT ACT.—The Central Intelligence Agency ‘‘(2) TREATMENT.—The special rate supple- SEC. 304. MODIFICATION OF APPOINTMENT OF Retirement Act (50 U.S.C. 2001 et seq.) is ments resulting from the establishment of CHIEF INFORMATION OFFICER OF amended— higher rates under paragraph (1) shall be THE INTELLIGENCE COMMUNITY. (i) in section 232(b)(1) (50 U.S.C. 2052(b)(1)), basic pay for the same or similar purposes as Section 103G(a) of the National Security by striking ‘‘221(h),’’ and inserting ‘‘221(i),’’; those specified in section 5305(j) of title 5, Act of 1947 (50 U.S.C. 3032(a)) is amended by and United States Code.’’; striking ‘‘President’’ and inserting ‘‘Direc- (ii) in section 252(h)(4) (50 U.S.C. 2082(h)(4)), (2) by redesignating subsections (b) tor’’. by striking ‘‘221(k)’’ and inserting ‘‘221(l)’’. through (f) as subsections (c) through (g), re- SEC. 305. DIRECTOR OF NATIONAL INTEL- (B) CENTRAL INTELLIGENCE AGENCY ACT OF spectively; LIGENCE REVIEW OF PLACEMENT 1949.—Subsection (a) of section 14 of the Cen- (3) by inserting after subsection (a) the fol- OF POSITIONS WITHIN THE INTEL- tral Intelligence Agency Act of 1949 (50 lowing: LIGENCE COMMUNITY ON THE EXEC- UTIVE SCHEDULE. U.S.C. 3514(a)) is amended by striking ‘‘(b) SPECIAL RATES OF PAY FOR CYBER PO- (a) REVIEW.—The Director of National In- ‘‘221(h)(2), 221(i), 221(l),’’ and inserting SITIONS.— telligence, in coordination with the Director ‘‘221(i)(2), 221(j), 221(m),’’. ‘‘(1) IN GENERAL.—Notwithstanding sub- of the Office of Personnel Management, shall (b) ANNUITIES FOR FORMER SPOUSES.—Sub- section (c), the Director of the National Se- conduct a review of positions within the in- paragraph (B) of section 222(b)(5) of the Cen- curity Agency may establish a special rate of telligence community regarding the place- tral Intelligence Agency Retirement Act (50 pay— ment of such positions on the Executive U.S.C. 2032(b)(5)(B)) is amended by striking ‘‘(A) not to exceed the rate of basic pay Schedule under subchapter II of chapter 53 of ‘‘one year’’ and inserting ‘‘two years’’. payable for level II of the Executive Sched- title 5, United States Code. In carrying out (c) PRIOR SERVICE CREDIT.—Subparagraph ule under section 5313 of title 5, United such review, the Director of National Intel- (A) of section 252(b)(3) of the Central Intel- States Code, if the Director certifies to the ligence, in coordination with the Director of ligence Agency Retirement Act (50 U.S.C. Under Secretary of Defense for Intelligence, the Office of Personnel Management, shall 2082(b)(3)(A)) is amended by striking ‘‘Octo- in consultation with the Under Secretary of determine— ber 1, 1990’’ both places that term appears Defense for Personnel and Readiness, that (1) the standards under which such review and inserting ‘‘March 31, 1991’’. the rate of pay is for positions that perform functions that execute the cyber mission of will be conducted; (d) REEMPLOYMENT COMPENSATION.—Sec- (2) which positions should or should not be tion 273 of the Central Intelligence Agency the Agency; or on the Executive Schedule; and Retirement Act (50 U.S.C. 2113) is amended— ‘‘(B) not to exceed the rate of basic pay (3) for those positions that should be on the (1) by redesignating subsections (b) and (c) payable for the Vice President of the United States under section 104 of title 3, United Executive Schedule, the level of the Execu- as subsections (c) and (d), respectively; and States Code, if the Director certifies to the tive Schedule at which such positions should (2) by inserting after subsection (a) the fol- Secretary of Defense, by name, individuals be placed. lowing: that have advanced skills and competencies (b) REPORT.—Not later than 60 days after ‘‘(b) PART-TIME REEMPLOYED ANNU- and that perform critical functions that exe- the date on which the review under sub- ITANTS.—The Director shall have the author- cute the cyber mission of the Agency. section (a) is completed, the Director of Na- ity to reemploy an annuitant on a part-time ‘‘(2) PAY LIMITATION.—Employees receiving tional Intelligence shall submit to the con- basis in accordance with section 8344(l) of a special rate under paragraph (1) shall be gressional intelligence committees, the Com- title 5, United States Code.’’. subject to an aggregate pay limitation that mittee on Homeland Security and Govern- (e) EFFECTIVE DATE AND APPLICATION.—The parallels the limitation established in sec- mental Affairs of the Senate, and the Com- amendments made by subsection (a)(1)(A) tion 5307 of title 5, United States Code, ex- mittee on Oversight and Reform of the House and subsection (c) shall take effect as if en- cept that— of Representatives an unredacted report de- acted on October 28, 2009, and shall apply to ‘‘(A) any allowance, differential, bonus, scribing the standards by which the review computations or participants, respectively, award, or other similar cash payment in ad- was conducted and the outcome of the re- as of such date. dition to basic pay that is authorized under view. TITLE III—GENERAL INTELLIGENCE title 10, United States Code, (or any other SEC. 306. SUPPLY CHAIN AND COUNTERINTEL- COMMUNITY MATTERS applicable law in addition to title 5 of such LIGENCE RISK MANAGEMENT TASK SEC. 301. RESTRICTION ON CONDUCT OF INTEL- Code, excluding the Fair Labor Standards FORCE. LIGENCE ACTIVITIES. Act of 1938 (29 U.S.C. 201 et seq.)) shall also (a) APPROPRIATE CONGRESSIONAL COMMIT- The authorization of appropriations by be counted as part of aggregate compensa- TEES DEFINED.—In this section, the term this division shall not be deemed to con- tion; and ‘‘appropriate congressional committees’’ stitute authority for the conduct of any in- ‘‘(B) aggregate compensation may not ex- means the following: telligence activity which is not otherwise ceed the rate established for the Vice Presi- (1) The congressional intelligence commit- authorized by the Constitution or the laws of dent of the United States under section 104 tees. the United States. of title 3, United States Code. (2) The Committee on Armed Services and SEC. 302. INCREASE IN EMPLOYEE COMPENSA- ‘‘(3) LIMITATION ON NUMBER OF RECIPI- the Committee on Homeland Security and TION AND BENEFITS AUTHORIZED ENTS.—The number of individuals who re- Governmental Affairs of the Senate. BY LAW. ceive basic pay established under paragraph (3) The Committee on Armed Services, the Appropriations authorized by this division (1)(B) may not exceed 100 at any time. Committee on Homeland Security, and the for salary, pay, retirement, and other bene- ‘‘(4) LIMITATION ON USE AS COMPARATIVE Committee on Oversight and Reform of the fits for Federal employees may be increased REFERENCE.—Notwithstanding any other pro- House of Representatives.

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(b) REQUIREMENT TO ESTABLISH.—The Di- the Director may provide cyber protection SEC. 310. LIMITATIONS ON DETERMINATIONS RE- rector of National Intelligence shall estab- support for the personal technology devices GARDING CERTAIN SECURITY CLAS- lish a Supply Chain and Counterintelligence and personal accounts of the personnel de- SIFICATIONS. Risk Management Task Force to standardize scribed in paragraph (2). (a) PROHIBITION.—An officer of an element information sharing between the intelligence (2) AT-RISK PERSONNEL.—The personnel de- of the intelligence community who has been community and the acquisition community scribed in this paragraph are personnel of nominated by the President for a position of the United States Government with re- the intelligence community— that requires the advice and consent of the spect to the supply chain and counterintel- (A) who the Director determines to be Senate may not make a classification deci- ligence risks. highly vulnerable to cyber attacks and hos- sion with respect to information related to (c) MEMBERS.—The Supply Chain and tile information collection activities because such officer’s nomination. (b) CLASSIFICATION DETERMINATIONS.— Counterintelligence Risk Management Task of the positions occupied by such personnel (1) IN GENERAL.—Except as provided in Force established under subsection (b) shall in the intelligence community; and paragraph (2), in a case in which an officer be composed of— (B) whose personal technology devices or described in subsection (a) has been nomi- (1) a representative of the Defense Security personal accounts are highly vulnerable to nated as described in such subsection and Service of the Department of Defense; cyber attacks and hostile information collec- classification authority rests with the officer (2) a representative of the General Services tion activities. Administration; or another officer who reports directly to (3) a representative of the Office of Federal (c) NATURE OF CYBER PROTECTION SUP- such officer, a classification decision with Procurement Policy of the Office of Manage- PORT.—Subject to the availability of re- respect to information relating to the officer ment and Budget; sources, the cyber protection support pro- shall be made by the Director of National In- (4) a representative of the Department of vided to personnel under subsection (b) may telligence. Homeland Security; include training, advice, assistance, and (2) NOMINATIONS OF DIRECTOR OF NATIONAL (5) a representative of the Federal Bureau other services relating to cyber attacks and INTELLIGENCE.—In a case described in para- of Investigation; hostile information collection activities. graph (1) in which the officer nominated is (6) the Director of the National Counter- (d) LIMITATION ON SUPPORT.—Nothing in the Director of National Intelligence, the intelligence and Security Center; and this section shall be construed— classification decision shall be made by the (7) any other members the Director of Na- (1) to encourage personnel of the intel- Principal Deputy Director of National Intel- tional Intelligence determines appropriate. ligence community to use personal tech- ligence. (d) SECURITY CLEARANCES.—Each member nology devices for official business; or (c) REPORTS.—Whenever the Director or of the Supply Chain and Counterintelligence (2) to authorize cyber protection support the Principal Deputy Director makes a deci- Risk Management Task Force established for senior intelligence community personnel sion under subsection (b), the Director or the under subsection (b) shall have a security using personal devices, networks, and per- Principal Deputy Director, as the case may clearance at the top secret level and be able sonal accounts in an official capacity. be, shall submit to the congressional intelligence committees a report detailing the to access sensitive compartmented informa- (e) REPORT.—Not later than 180 days after tion. the date of the enactment of this Act, the reasons for the decision. (e) ANNUAL REPORT.—The Supply Chain Director shall submit to the congressional SEC. 311. JOINT INTELLIGENCE COMMUNITY and Counterintelligence Risk Management COUNCIL. intelligence committees a report on the pro- Task Force established under subsection (b) (a) MEETINGS.—Section 101A(d) of the Na- vision of cyber protection support under sub- shall submit to the appropriate congres- tional Security Act of 1947 (50 U.S.C. 3022(d)) section (b). The report shall include— sional committees an annual report that de- is amended— (1) a description of the methodology used scribes the activities of the Task Force dur- (1) by striking ‘‘regular’’; and to make the determination under subsection ing the previous year, including identifica- (2) by inserting ‘‘as the Director considers (b)(2); and tion of the supply chain and counterintel- appropriate’’ after ‘‘Council’’. (2) guidance for the use of cyber protection ligence risks shared with the acquisition (b) REPORT ON FUNCTION AND UTILITY OF support and tracking of support requests for community of the United States Government THE JOINT INTELLIGENCE COMMUNITY COUN- personnel receiving cyber protection support by the intelligence community. CIL.— under subsection (b). SEC. 307. CONSIDERATION OF ADVERSARIAL (1) IN GENERAL.—No later than 180 days TELECOMMUNICATIONS AND CYBER- SEC. 309. MODIFICATION OF AUTHORITY RELAT- after the date of the enactment of this Act, SECURITY INFRASTRUCTURE WHEN ING TO MANAGEMENT OF SUPPLY- the Director of National Intelligence, in co- SHARING INTELLIGENCE WITH FOR- CHAIN RISK. ordination with the Executive Office of the EIGN GOVERNMENTS AND ENTITIES. President and members of the Joint Intel- Whenever the head of an element of the in- (a) MODIFICATION OF EFFECTIVE DATE.— ligence Community Council, shall submit to telligence community enters into an intel- Subsection (f) of section 309 of the Intel- the congressional intelligence committees a ligence sharing agreement with a foreign ligence Authorization Act for Fiscal Year report on the function and utility of the government or any other foreign entity, the 2012 (Public Law 112–87; 50 U.S.C. 3329 note) is Joint Intelligence Community Council. head of the element shall consider the perva- amended by striking ‘‘the date that is 180 (2) CONTENTS.—The report required by siveness of telecommunications and cyberse- days after’’. paragraph (1) shall include the following: curity infrastructure, equipment, and serv- (b) REPEAL OF SUNSET.—Such section is (A) The number of physical or virtual ices provided by adversaries of the United amended by striking subsection (g). meetings held by the Council per year since States, particularly China and Russia, or en- (c) REPORTS.—Such section, as amended by tities of such adversaries in the country or the Council’s inception. subsection (b), is further amended— (B) A description of the effect and accom- region of the foreign government or other (1) by redesignating subsection (f), as foreign entity entering into the agreement. plishments of the Council. amended by subsection (a), as subsection (g); (C) An explanation of the unique role of SEC. 308. CYBER PROTECTION SUPPORT FOR THE and PERSONNEL OF THE INTELLIGENCE the Council relative to other entities, includ- (2) by inserting after subsection (e) the fol- ing with respect to the National Security COMMUNITY IN POSITIONS HIGHLY lowing: VULNERABLE TO CYBER ATTACK. Council and the Executive Committee of the (a) DEFINITIONS.—In this section: ‘‘(f) ANNUAL REPORTS.— intelligence community. (1) PERSONAL ACCOUNTS.—The term ‘‘per- ‘‘(1) IN GENERAL.—Except as provided in (D) Recommendations for the future role sonal accounts’’ means accounts for online paragraph (2), not later than 180 days after and operation of the Council. and telecommunications services, including the date of the enactment of the Damon Paul (E) Such other matters relating to the telephone, residential Internet access, email, Nelson and Matthew Young Pollard Intel- function and utility of the Council as the Di- text and multimedia messaging, cloud com- ligence Authorization Act for Fiscal Years rector considers appropriate. puting, social media, health care, and finan- 2018 and 2019 and not less frequently than (3) FORM.—The report submitted under cial services, used by personnel of the intel- once each calendar year thereafter, the Di- paragraph (1) shall be submitted in unclassi- ligence community outside of the scope of rector of National Intelligence shall, in con- fied form, but may include a classified their employment with elements of the in- sultation with each head of a covered agen- annex. telligence community. cy, submit to the congressional intelligence SEC. 312. INTELLIGENCE COMMUNITY INFORMA- (2) PERSONAL TECHNOLOGY DEVICES.—The committees (as defined in section 3 of the TION TECHNOLOGY ENVIRONMENT. term ‘‘personal technology devices’’ means National Security Act of 1947 (50 U.S.C. (a) DEFINITIONS.—In this section: technology devices used by personnel of the 3003)), a report that details the determina- (1) CORE SERVICE.—The term ‘‘core service’’ intelligence community outside of the scope tions and notifications made under sub- means a capability that is available to mul- of their employment with elements of the in- section (c) during the most recently com- tiple elements of the intelligence community telligence community, including networks to pleted calendar year. and required for consistent operation of the which such devices connect. ‘‘(2) INITIAL REPORT.—The first report sub- intelligence community information tech- (b) AUTHORITY TO PROVIDE CYBER PROTEC- mitted under paragraph (1) shall detail all nology environment. TION SUPPORT.— the determinations and notifications made (2) INTELLIGENCE COMMUNITY INFORMATION (1) IN GENERAL.—Subject to a determina- under subsection (c) before the date of the TECHNOLOGY ENVIRONMENT.—The term ‘‘intel- tion by the Director of National Intelligence, submittal of the report.’’. ligence community information technology

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00155 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 S3786 CONGRESSIONAL RECORD — SENATE June 18, 2019 environment’’ means all of the information (B) an assessment of current, measured ordination with the Director of the Central technology services across the intelligence performance. Intelligence Agency and the Director of the community, including the data sharing and (2) implementation milestones for the in- National Security Agency, shall submit to protection environment across multiple clas- telligence community information tech- the congressional intelligence committees a sification domains. nology environment, including each of the classified report on the feasibility, desir- (b) ROLES AND RESPONSIBILITIES.— following: ability, cost, and required schedule associ- (1) DIRECTOR OF NATIONAL INTELLIGENCE.— (A) A schedule for expected deliveries of ated with the implementation of a secure The Director of National Intelligence shall core service capabilities during each of the mobile voice solution for the intelligence be responsible for coordinating the perform- following phases: community. ance by elements of the intelligence commu- (i) Concept refinement and technology ma- (b) CONTENTS.—The report required by sub- nity of the intelligence community informa- turity demonstration. section (a) shall include, at a minimum, the tion technology environment, including each (ii) Development, integration, and dem- following: of the following: onstration. (1) The benefits and disadvantages of a se- (A) Ensuring compliance with all applica- (iii) Production, deployment, and cure mobile voice solution. ble environment rules and regulations of sustainment. (2) Whether the intelligence community such environment. (iv) System retirement. could leverage commercially available tech- (B) Ensuring measurable performance (B) Dependencies of such core service capa- nology for classified voice communications goals exist for such environment. bilities. that operates on commercial mobile net- (C) Documenting standards and practices (C) Plans for the transition or restruc- works in a secure manner and identifying of such environment. turing necessary to incorporate core service the accompanying security risks to such net- (D) Acting as an arbiter among elements of capabilities. works. the intelligence community related to any (D) A description of any legacy systems (3) A description of any policies or commu- disagreements arising out of the implemen- and discontinued capabilities to be phased nity guidance that would be necessary to tation of such environment. out. govern the potential solution, such as a proc- (E) Delegating responsibilities to the ele- (3) Such other matters as the Director de- ess for determining the appropriate use of a ments of the intelligence community and termines appropriate. secure mobile telephone and any limitations carrying out such other responsibilities as (f) BUSINESS PLAN.—Not later than 180 days associated with such use. are necessary for the effective implementa- after the date of the enactment of this Act, SEC. 314. POLICY ON MINIMUM INSIDER THREAT tion of such environment. and during each of the second and fourth fis- STANDARDS. (2) CORE SERVICE PROVIDERS.—Providers of cal quarters thereafter, the Director of Na- (a) POLICY REQUIRED.—Not later than 60 core services shall be responsible for— tional Intelligence shall submit to the con- days after the date of the enactment of this (A) providing core services, in coordination gressional intelligence committees a busi- Act, the Director of National Intelligence with the Director of National Intelligence; ness plan that includes each of the following: shall establish a policy for minimum insider and (1) A systematic approach to identify core threat standards that is consistent with the (B) providing the Director with informa- service funding requests for the intelligence National Insider Threat Policy and Min- tion requested and required to fulfill the re- community information technology environ- imum Standards for Executive Branch In- sponsibilities of the Director under para- ment within the proposed budget, including sider Threat Programs. graph (1). multiyear plans to implement the long-term (b) IMPLEMENTATION.—Not later than 180 (3) USE OF CORE SERVICES.— roadmap required by subsection (e). days after the date of the enactment of this (A) IN GENERAL.—Except as provided in (2) A uniform approach by which each ele- Act, the head of each element of the intel- subparagraph (B), each element of the intel- ment of the intelligence community shall ligence community shall implement the pol- ligence community shall use core services identify the cost of legacy information tech- icy established under subsection (a). when such services are available. nology or alternative capabilities where SEC. 315. SUBMISSION OF INTELLIGENCE COM- (B) EXCEPTION.—The Director of National services of the intelligence community infor- MUNITY POLICIES. Intelligence may provide for a written excep- mation technology environment will also be (a) DEFINITIONS.—In this section: tion to the requirement under subparagraph available. (1) ELECTRONIC REPOSITORY.—The term (A) if the Director determines there is a com- (3) A uniform effort by which each element ‘‘electronic repository’’ means the electronic pelling financial or mission need for such ex- of the intelligence community shall identify distribution mechanism, in use as of the date ception. transition and restructuring costs for new, of the enactment of this Act, or any suc- (c) MANAGEMENT ACCOUNTABILITY.—Not existing, and retiring services of the intel- cessor electronic distribution mechanism, by later than 90 days after the date of the enact- ligence community information technology which the Director of National Intelligence ment of this Act, the Director of National environment, as well as services of such en- submits to the congressional intelligence Intelligence shall designate and maintain vironment that have changed designations as committees information. one or more accountable executives of the a core service. (2) POLICY.—The term ‘‘policy’’, with re- intelligence community information tech- UARTERLY PRESENTATIONS.—Beginning (g) Q spect to the intelligence community, in- nology environment to be responsible for— not later than 180 days after the date of the cludes unclassified or classified— (1) management, financial control, and in- enactment of this Act, the Director of Na- (A) directives, policy guidance, and policy tegration of such environment; tional Intelligence shall provide to the con- memoranda of the intelligence community; (2) overseeing the performance of each core gressional intelligence committees quarterly (B) executive correspondence of the Direc- service, including establishing measurable updates regarding ongoing implementation tor of National Intelligence; and service requirements and schedules; of the intelligence community information (C) any equivalent successor policy instru- (3) to the degree feasible, ensuring testing technology environment as compared to the ments. of each core service of such environment, in- requirements in the most recently submitted (b) SUBMISSION OF POLICIES.— cluding testing by the intended users, to security plan required by subsection (d), (1) CURRENT POLICY.—Not later than 180 evaluate performance against measurable long-term roadmap required by subsection days after the date of the enactment of this service requirements and to ensure the capa- (e), and business plan required by subsection Act, the Director of National Intelligence bility meets user requirements; and (f). shall submit to the congressional intel- (4) coordinate transition or restructuring (h) ADDITIONAL NOTIFICATIONS.—The Direc- ligence committees using the electronic re- efforts of such environment, including phase- tor of National Intelligence shall provide pository all nonpublicly available policies out of legacy systems. timely notification to the congressional in- issued by the Director of National Intel- (d) SECURITY PLAN.—Not later than 180 telligence committees regarding any policy days after the date of the enactment of this changes related to or affecting the intelligence for the intelligence community that Act, the Director of National Intelligence ligence community information technology are in effect as of the date of the submission. shall develop and maintain a security plan environment, new initiatives or strategies (2) CONTINUOUS UPDATES.—Not later than 15 for the intelligence community information related to or impacting such environment, days after the date on which the Director of technology environment. and changes or deficiencies in the execution National Intelligence issues, modifies, or re- (e) LONG-TERM ROADMAP.—Not later than of the security plan required by subsection scinds a policy of the intelligence commu- 180 days after the date of the enactment of (d), long-term roadmap required by sub- nity, the Director shall— this Act, and during each of the second and section (e), and business plan required by (A) notify the congressional intelligence fourth fiscal quarters thereafter, the Direc- subsection (f) committees of such addition, modification, tor of National Intelligence shall submit to (i) SUNSET.—The section shall have no ef- or removal; and the congressional intelligence committees a fect on or after September 30, 2024. (B) update the electronic repository with long-term roadmap that shall include each of SEC. 313. REPORT ON DEVELOPMENT OF SECURE respect to such addition, modification, or re- the following: MOBILE VOICE SOLUTION FOR IN- moval. (1) A description of the minimum required TELLIGENCE COMMUNITY. SEC. 316. EXPANSION OF INTELLIGENCE COMMU- and desired core service requirements, in- (a) IN GENERAL.—Not later than 180 days NITY RECRUITMENT EFFORTS. cluding— after the date of the enactment of this Act, In order to further increase the diversity of (A) key performance parameters; and the Director of National Intelligence, in co- the intelligence community workforce, not

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00156 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3787 later than 90 days after the date of the enact- Subtitle B—Central Intelligence Agency cise such powers as the Secretary may pre- ment of this Act, the Director of National SEC. 411. CENTRAL INTELLIGENCE AGENCY SUB- scribe. Intelligence, in consultation with heads of SISTENCE FOR PERSONNEL AS- ‘‘(2) The Director shall be responsible for elements of the Intelligence Community, SIGNED TO AUSTERE LOCATIONS. establishing policy for intelligence and coun- shall create, implement, and submit to the Subsection (a) of section 5 of the Central terintelligence programs and activities at congressional intelligence committees a Intelligence Agency Act of 1949 (50 U.S.C. the Department.’’. written plan to ensure that rural and under- 3506) is amended— (b) CONFORMING REPEAL.—Section 216 of represented regions are more fully and con- (1) in paragraph (1), by striking ‘‘(50 U.S.C. the Department of Energy Organization Act sistently represented in such elements’ em- 403–4a).,’’ and inserting ‘‘(50 U.S.C. 403–4a),’’; (42 U.S.C. 7144c) is hereby repealed. ployment recruitment efforts. Upon receipt (2) in paragraph (6), by striking ‘‘and’’ at (c) CLERICAL AMENDMENT.—The table of of the plan, the congressional committees the end; contents at the beginning of the Department shall have 60 days to submit comments to (3) in paragraph (7), by striking the period of Energy Organization Act is amended by the Director of National Intelligence before at the end and inserting ‘‘; and’’; and striking the items relating to sections 215 such plan shall be implemented. (4) by adding at the end the following new and 216 and inserting the following new item: paragraph (8): ‘‘215. Office of Intelligence and Counterintel- TITLE IV—MATTERS RELATING TO ELE- ligence.’’. MENTS OF THE INTELLIGENCE COMMU- ‘‘(8) Upon the approval of the Director, pro- SEC. 422. REPEAL OF DEPARTMENT OF ENERGY NITY vide, during any fiscal year, with or without reimbursement, subsistence to any personnel INTELLIGENCE EXECUTIVE COM- Subtitle A—Office of the Director of National assigned to an overseas location designated MITTEE AND BUDGET REPORTING Intelligence by the Agency as an austere location.’’. REQUIREMENT. Section 214 of the Department of Energy SEC. 401. AUTHORITY FOR PROTECTION OF CUR- SEC. 412. EXPANSION OF SECURITY PROTECTIVE Organization Act (42 U.S.C. 7144a) is amend- SERVICE JURISDICTION OF THE RENT AND FORMER EMPLOYEES OF ed— THE OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE AGENCY. NATIONAL INTELLIGENCE. Subsection (a) of section 15 of the Central (1) by striking ‘‘(a) DUTY OF SECRETARY.— Intelligence Act of 1949 (50 U.S.C. 3515(a)) is ’’; and Section 5(a)(4) of the Central Intelligence (2) by striking subsections (b) and (c). Agency Act of 1949 (50 U.S.C. 3506(a)(4)) is amended— amended by striking ‘‘such personnel of the (1) in the subsection heading, by striking Subtitle D—Other Elements Office of the Director of National Intel- ‘‘POLICEMEN’’ and inserting ‘‘POLICE OFFI- SEC. 431. PLAN FOR DESIGNATION OF COUNTER- ligence as the Director of National Intel- CERS’’; and INTELLIGENCE COMPONENT OF DE- ligence may designate;’’ and inserting ‘‘cur- (2) in paragraph (1)— FENSE SECURITY SERVICE AS AN (A) in subparagraph (B), by striking ‘‘500 ELEMENT OF INTELLIGENCE COM- rent and former personnel of the Office of the MUNITY. feet;’’ and inserting ‘‘500 yards;’’; and Director of National Intelligence and their Not later than 90 days after the date of the (B) in subparagraph (D), by striking ‘‘500 immediate families as the Director of Na- enactment of this Act, the Director of Na- feet.’’ and inserting ‘‘500 yards.’’. tional Intelligence may designate;’’. tional Intelligence and Under Secretary of SEC. 413. REPEAL OF FOREIGN LANGUAGE PRO- SEC. 402. DESIGNATION OF THE PROGRAM MAN- Defense for Intelligence, in coordination FICIENCY REQUIREMENT FOR CER- AGER-INFORMATION SHARING ENVI- TAIN SENIOR LEVEL POSITIONS IN with the Director of the National Counter- RONMENT. THE CENTRAL INTELLIGENCE AGEN- intelligence and Security Center, shall sub- (a) INFORMATION SHARING ENVIRONMENT.— CY. mit to the congressional intelligence com- Section 1016(b) of the Intelligence Reform (a) REPEAL OF FOREIGN LANGUAGE PRO- mittees, the Committee on Armed Services and Terrorism Prevention Act of 2004 (6 FICIENCY REQUIREMENT.—Section 104A of the of the Senate, and the Committee on Armed U.S.C. 485(b)) is amended— National Security Act of 1947 (50 U.S.C. 3036) Services of the House of Representatives a (1) in paragraph (1), by striking ‘‘Presi- is amended by striking subsection (g). plan to designate the counterintelligence dent’’ and inserting ‘‘Director of National In- (b) CONFORMING REPEAL OF REPORT RE- component of the Defense Security Service telligence’’; and QUIREMENT.—Section 611 of the Intelligence of the Department of Defense as an element (2) in paragraph (2), by striking ‘‘Presi- Authorization Act for Fiscal Year 2005 (Pub- of the intelligence community by not later dent’’ both places that term appears and in- lic Law 108–487) is amended by striking sub- than January 1, 2019. Such plan shall— serting ‘‘Director of National Intelligence’’. section (c). (1) address the implications of such des- (b) PROGRAM MANAGER.—Section 1016(f)(1) Subtitle C—Office of Intelligence and ignation on the authorities, governance, per- of the Intelligence Reform and Terrorism Counterintelligence of Department of Energy sonnel, resources, information technology, Prevention Act of 2004 (6 U.S.C. 485(f)(1)) is collection, analytic products, information SEC. 421. CONSOLIDATION OF DEPARTMENT OF sharing, and business processes of the De- amended by striking ‘‘The individual des- ENERGY OFFICES OF INTELLIGENCE ignated as the program manager shall serve AND COUNTERINTELLIGENCE. fense Security Service and the intelligence community; and as program manager until removed from (a) IN GENERAL.—Section 215 of the Depart- service or replaced by the President (at the ment of Energy Organization Act (42 U.S.C. (2) not address the personnel security func- President’s sole discretion).’’ and inserting 7144b) is amended to read as follows: tions of the Defense Security Service. ‘‘Beginning on the date of the enactment of SEC. 432. NOTICE NOT REQUIRED FOR PRIVATE ‘‘OFFICE OF INTELLIGENCE AND the Damon Paul Nelson and Matthew Young ENTITIES. COUNTERINTELLIGENCE Pollard Intelligence Authorization Act for Section 3553 of title 44, United States Code, Fiscal Years 2018 and 2019, each individual ‘‘SEC. 215. (a) DEFINITIONS.—In this section, is amended— designated as the program manager shall be the terms ‘intelligence community’ and ‘Na- (1) by redesignating subsection (j) as sub- appointed by the Director of National Intel- tional Intelligence Program’ have the mean- section (k); and ligence.’’. ings given such terms in section 3 of the Na- (2) by inserting after subsection (i) the fol- tional Security Act of 1947 (50 U.S.C. 3003). lowing: SEC. 403. TECHNICAL MODIFICATION TO THE EX- ‘‘(b) IN GENERAL.—There is in the Depart- ‘‘(j) RULE OF CONSTRUCTION.—Nothing in ECUTIVE SCHEDULE. ment an Office of Intelligence and Counter- this section shall be construed to require the Section 5315 of title 5, United States Code, intelligence. Such office shall be under the Secretary to provide notice to any private is amended by adding at the end the fol- National Intelligence Program. entity before the Secretary issues a binding lowing: ‘‘(c) DIRECTOR.—(1) The head of the Office operational directive under subsection ‘‘Director of the National Counterintel- shall be the Director of the Office of Intel- (b)(2).’’. ligence and Security Center.’’. ligence and Counterintelligence, who shall SEC. 433. FRAMEWORK FOR ROLES, MISSIONS, SEC. 404. CHIEF FINANCIAL OFFICER OF THE IN- be an employee in the Senior Executive AND FUNCTIONS OF DEFENSE IN- TELLIGENCE COMMUNITY. Service, the Senior Intelligence Service, the TELLIGENCE AGENCY. Senior National Intelligence Service, or any (a) IN GENERAL.—The Director of National Section 103I(a) of the National Security other Service that the Secretary, in coordi- Intelligence and the Secretary of Defense Act of 1947 (50 U.S.C. 3034(a)) is amended by nation with the Director of National Intel- shall jointly establish a framework to ensure adding at the end the following new sen- ligence, considers appropriate. The Director the appropriate balance of resources for the tence: ‘‘The Chief Financial Officer shall re- of the Office shall report directly to the Sec- roles, missions, and functions of the Defense port directly to the Director of National In- retary. Intelligence Agency in its capacity as an ele- telligence.’’. ‘‘(2) The Secretary shall select an indi- ment of the intelligence community and as a SEC. 405. CHIEF INFORMATION OFFICER OF THE vidual to serve as the Director from among combat support agency. The framework shall INTELLIGENCE COMMUNITY. individuals who have substantial expertise in include supporting processes to provide for Section 103G(a) of the National Security matters relating to the intelligence commu- the consistent and regular reevaluation of Act of 1947 (50 U.S.C. 3032(a)) is amended by nity, including foreign intelligence and the responsibilities and resources of the De- adding at the end the following new sen- counterintelligence. fense Intelligence Agency to prevent imbal- tence: ‘‘The Chief Information Officer shall ‘‘(d) DUTIES.—(1) Subject to the authority, anced priorities, insufficient or misaligned report directly to the Director of National direction, and control of the Secretary, the resources, and the unauthorized expansion of Intelligence.’’. Director shall perform such duties and exer- mission parameters.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00157 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 S3788 CONGRESSIONAL RECORD — SENATE June 18, 2019

(b) MATTERS FOR INCLUSION.—The frame- visory board (in this section referred to as tion and Customs Enforcement, and the work required under subsection (a) shall in- the ‘Board’). heads of such other elements of the Depart- clude each of the following: ‘‘(2) DUTIES.—The Board shall— ment of Homeland Security as the Under (1) A lexicon providing for consistent defi- ‘‘(A) study matters relating to the mission Secretary considers appropriate, opportuni- nitions of relevant terms used by both the of the National Reconnaissance Office, in- ties for collocation of officers of the Office of intelligence community and the Department cluding with respect to promoting innova- Intelligence and Analysis in the field outside of Defense, including each of the following: tion, competition, and resilience in space, of the greater Washington, District of Co- (A) Defense intelligence enterprise. overhead reconnaissance, acquisition, and lumbia, area in order to support operational (B) Enterprise manager. other matters; and units from U.S. Customs and Border Protec- (C) Executive agent. ‘‘(B) advise and report directly to the Di- tion, the Transportation Security Adminis- (D) Function. rector with respect to such matters. tration, U.S. Immigration and Customs En- (E) Functional manager. ‘‘(3) MEMBERS.— forcement, and other elements of the Depart- (F) Mission. ‘‘(A) NUMBER AND APPOINTMENT.— ment of Homeland Security. (G) Mission manager. ‘‘(i) IN GENERAL.—The Board shall be com- (b) PLAN FOR COLLOCATION.—Not later than (H) Responsibility. posed of 5 members appointed by the Direc- 120 days after the date of the enactment of (I) Role. tor from among individuals with dem- this Act, the Under Secretary shall submit (J) Service of common concern. onstrated academic, government, business, to the congressional intelligence committees (2) An assessment of the necessity of main- or other expertise relevant to the mission a report that includes a plan for collocation taining separate designations for the intel- and functions of the National Reconnais- as described in subsection (a). ligence community and the Department of sance Office. TITLE V—ELECTION MATTERS Defense for intelligence functional or enter- ‘‘(ii) NOTIFICATION.—Not later than 30 days prise management constructs. SEC. 501. REPORT ON CYBER ATTACKS BY FOR- after the date on which the Director ap- EIGN GOVERNMENTS AGAINST (3) A repeatable process for evaluating the points a member to the Board, the Director UNITED STATES ELECTION INFRA- addition, transfer, or elimination of defense shall notify the congressional intelligence STRUCTURE. intelligence missions, roles, and functions, committees and the congressional defense (a) DEFINITIONS.—In this section: currently performed or to be performed in committees (as defined in section 101(a) of (1) APPROPRIATE CONGRESSIONAL COMMIT- the future by the Defense Intelligence Agen- title 10, United States Code) of such appoint- TEES.—The term ‘‘appropriate congressional cy, which includes each of the following: ment. committees’’ means— (A) A justification for the addition, trans- ‘‘(B) TERMS.—Each member shall be ap- (A) the congressional intelligence commit- fer, or elimination of a mission, role, or func- pointed for a term of 2 years. Except as pro- tees; tion. vided by subparagraph (C), a member may (B) the Committee on Homeland Security (B) The identification of which, if any, ele- not serve more than 3 terms. and Governmental Affairs of the Senate; ment of the Federal Government performs ‘‘(C) VACANCY.—Any member appointed to (C) the Committee on Homeland Security the considered mission, role, or function. fill a vacancy occurring before the expira- of the House of Representatives; (C) In the case of any new mission, role, or tion of the term for which the member’s (D) the Committee on Foreign Relations of function— predecessor was appointed shall be appointed the Senate; and (i) an assessment of the most appropriate only for the remainder of that term. A mem- (E) the Committee on Foreign Affairs of agency or element to perform such mission, ber may serve after the expiration of that the House of Representatives. role, or function, taking into account the remember’s term until a successor has taken (2) CONGRESSIONAL LEADERSHIP.—The term source profiles, scope of responsibilities, pri- office. ‘‘congressional leadership’’ includes the fol- mary customers, and existing infrastructure ‘‘(D) CHAIR.—The Board shall have a Chair, lowing: necessary to support such mission, role, or who shall be appointed by the Director from (A) The majority leader of the Senate. function; and among the members. (B) The minority leader of the Senate. (ii) a determination of the appropriate re- ‘‘(E) TRAVEL EXPENSES.—Each member (C) The Speaker of the House of Represent- source profile and an identification of the shall receive travel expenses, including per atives. projected resources needed and the proposed diem in lieu of subsistence, in accordance (D) The minority leader of the House of source of such resources over the future- with applicable provisions under subchapter Representatives. years defense program, to be provided in I of chapter 57 of title 5, United States Code. (3) STATE.—The term ‘‘State’’ means any writing to any elements of the intelligence ‘‘(F) EXECUTIVE SECRETARY.—The Director State of the United States, the District of community or the Department of Defense af- may appoint an executive secretary, who Columbia, the Commonwealth of Puerto fected by the assumption, transfer, or elimi- shall be an employee of the National Recon- Rico, and any territory or possession of the nation of any mission, role, or function. naissance Office, to support the Board. United States. (D) In the case of any mission, role, or ‘‘(4) MEETINGS.—The Board shall meet not (b) REPORT REQUIRED.—Not later than 60 function proposed to be assumed, trans- less than quarterly, but may meet more fre- days after the date of the enactment of this ferred, or eliminated, an assessment, which quently at the call of the Director. Act, the Under Secretary of Homeland Secu- shall be completed jointly by the heads of ‘‘(5) REPORTS.—Not later than March 31 of rity for Intelligence and Analysis shall sub- each element affected by such assumption, each year, the Board shall submit to the Di- mit to congressional leadership and the ap- transfer, or elimination, of the risks that rector and to the congressional intelligence propriate congressional committees a report would be assumed by the intelligence com- committees a report on the activities and on cyber attacks and attempted cyber at- munity and the Department if such mission, significant findings of the Board during the tacks by foreign governments on United role, or function is assumed, transferred, or preceding year. States election infrastructure in States and eliminated. ‘‘(6) NONAPPLICABILITY OF CERTAIN REQUIRE- localities in connection with the 2016 Presi- (E) A description of how determinations MENTS.—The Federal Advisory Committee dential election in the United States and are made regarding the funding of programs Act (5 U.S.C. App.) shall not apply to the such cyber attacks or attempted cyber at- and activities under the National Intel- Board. tacks as the Under Secretary anticipates ligence Program and the Military Intel- ‘‘(7) TERMINATION.—The Board shall termi- against such infrastructure. Such report ligence Program, including— nate on the date that is 3 years after the shall identify the States and localities af- (i) which programs or activities are funded date of the first meeting of the Board.’’. fected and shall include cyber attacks and under each such Program; (b) INITIAL APPOINTMENTS.—Not later than attempted cyber attacks against voter reg- (ii) which programs or activities should be 180 days after the date of the enactment of istration databases, voting machines, voting- jointly funded under both such Programs and this Act, the Director of the National Recon- related computer networks, and the net- how determinations are made with respect to naissance Office shall appoint the initial 5 works of Secretaries of State and other elec- funding allocations for such programs and members to the advisory board under sub- tion officials of the various States. activities; and section (d) of section 106A of the National (c) FORM.—The report submitted under (iii) the thresholds and process for chang- Security Act of 1947 (50 U.S.C. 3041a), as subsection (b) shall be submitted in unclassi- ing a program or activity from being funded added by subsection (a). fied form, but may include a classified under one such Program to being funded SEC. 435. COLLOCATION OF CERTAIN DEPART- annex. under the other such Program. MENT OF HOMELAND SECURITY SEC. 502. REVIEW OF INTELLIGENCE COMMU- SEC. 434. ESTABLISHMENT OF ADVISORY BOARD PERSONNEL AT FIELD LOCATIONS. NITY’S POSTURE TO COLLECT FOR NATIONAL RECONNAISSANCE (a) IDENTIFICATION OF OPPORTUNITIES FOR AGAINST AND ANALYZE RUSSIAN EF- OFFICE. COLLOCATION.—Not later than 60 days after FORTS TO INFLUENCE THE PRESI- (a) ESTABLISHMENT.—Section 106A of the the date of the enactment of this Act, the DENTIAL ELECTION. National Security Act of 1947 (50 U.S.C. Under Secretary of Homeland Security for (a) REVIEW REQUIRED.—Not later than 1 3041a) is amended by adding at the end the Intelligence and Analysis shall identify, in year after the date of the enactment of this following new subsection: consultation with the Commissioner of U.S. Act, the Director of National Intelligence ‘‘(d) ADVISORY BOARD.— Customs and Border Protection, the Admin- shall— ‘‘(1) ESTABLISHMENT.—There is established istrator of the Transportation Security Ad- (1) complete an after action review of the in the National Reconnaissance Office an administration, the Director of U.S. Immigra- posture of the intelligence community to

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00158 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3789 collect against and analyze efforts of the (1) update the assessment of foreign intel- gressional committees on the strategy devel- Government of Russia to interfere in the 2016 ligence threats to that election; and oped under subsection (b). Presidential election in the United States; (2) submit the updated assessment to— SEC. 505. ASSESSMENT OF SIGNIFICANT RUSSIAN and (A) congressional leadership; and INFLUENCE CAMPAIGNS DIRECTED (2) submit to the congressional intelligence (B) the appropriate congressional commit- AT FOREIGN ELECTIONS AND committees a report on the findings of the tees. REFERENDA. Director with respect to such review. SEC. 504. STRATEGY FOR COUNTERING RUSSIAN (a) RUSSIAN INFLUENCE CAMPAIGN DE- (b) ELEMENTS.—The review required by CYBER THREATS TO UNITED STATES FINED.—In this section, the term ‘‘Russian subsection (a) shall include, with respect to ELECTIONS. influence campaign’’ means any effort, cov- the posture and efforts described in para- (a) APPROPRIATE CONGRESSIONAL COMMIT- ert or overt, and by any means, attributable graph (1) of such subsection, the following: TEES DEFINED.—In this section, the term to the Russian Federation directed at an (1) An assessment of whether the resources ‘‘appropriate congressional committees’’ election, referendum, or similar process in a of the intelligence community were properly means the following: country other than the Russian Federation aligned to detect and respond to the efforts (1) The congressional intelligence commit- or the United States. described in subsection (a)(1). tees. (2) An assessment of the information shar- (2) The Committee on Armed Services and (b) ASSESSMENT REQUIRED.—Not later than ing that occurred within elements of the in- the Committee on Homeland Security and 60 days after the date of the enactment of telligence community. Governmental Affairs of the Senate. this Act, the Director of National Intel- (3) An assessment of the information shar- (3) The Committee on Armed Services and ligence shall submit to the congressional in- ing that occurred between elements of the the Committee on Homeland Security of the telligence committees a report containing an intelligence community. House of Representatives. analytical assessment of the most signifi- (4) An assessment of applicable authorities (4) The Committee on Foreign Relations of cant Russian influence campaigns, if any, necessary to collect on any such efforts and the Senate. conducted during the 3-year period preceding any deficiencies in those authorities. (5) The Committee on Foreign Affairs of the date of the enactment of this Act, as well (5) A review of the use of open source mate- the House of Representatives. as the most significant current or planned rial to inform analysis and warning of such (b) REQUIREMENT FOR A STRATEGY.—Not such Russian influence campaigns, if any. efforts. later than 90 days after the date of the enact- Such assessment shall include— (6) A review of the use of alternative and ment of this Act, the Director of National (1) a summary of such significant Russian predictive analysis. Intelligence, in coordination with the Sec- influence campaigns, including, at a min- (c) FORM OF REPORT.—The report required retary of Homeland Security, the Director of imum, the specific means by which such by subsection (a)(2) shall be submitted to the the Federal Bureau of Investigation, the Di- campaigns were conducted, are being con- congressional intelligence committees in a rector of the Central Intelligence Agency, ducted, or likely will be conducted, as appro- classified form. the Secretary of State, the Secretary of De- priate, and the specific goal of each such SEC. 503. ASSESSMENT OF FOREIGN INTEL- fense, and the Secretary of the Treasury, campaign; LIGENCE THREATS TO FEDERAL shall develop a whole-of-government strat- (2) a summary of any defenses against or ELECTIONS. egy for countering the threat of Russian responses to such Russian influence cam- (a) DEFINITIONS.—In this section: cyber attacks and attempted cyber attacks paigns by the foreign state holding the elec- (1) APPROPRIATE CONGRESSIONAL COMMIT- against electoral systems and processes in tions or referenda; TEES.—The term ‘‘appropriate congressional the United States, including Federal, State, (3) a summary of any relevant activities by committees’’ means— and local election systems, voter registra- elements of the intelligence community un- (A) the congressional intelligence commit- tion databases, voting tabulation equipment, dertaken for the purpose of assisting the tees; and equipment and processes for the secure government of such foreign state in defend- (B) the Committee on Homeland Security transmission of election results. ing against or responding to such Russian in- and Governmental Affairs of the Senate; and (c) ELEMENTS OF THE STRATEGY.—The fluence campaigns; and (C) the Committee on Homeland Security strategy required by subsection (b) shall in- (4) an assessment of the effectiveness of of the House of Representatives. clude the following elements: such defenses and responses described in (2) CONGRESSIONAL LEADERSHIP.—The term (1) A whole-of-government approach to pro- paragraphs (2) and (3). tecting United States electoral systems and ‘‘congressional leadership’’ includes the fol- (c) FORM.—The report required by sub- processes that includes the agencies and de- lowing: section (b) may be submitted in classified partments indicated in subsection (b) as well (A) The majority leader of the Senate. form, but if so submitted, shall contain an as any other agencies and departments of the (B) The minority leader of the Senate. unclassified summary. (C) The Speaker of the House of Represent- United States, as determined appropriate by atives. the Director of National Intelligence and the SEC. 506. FOREIGN COUNTERINTELLIGENCE AND (D) The minority leader of the House of Secretary of Homeland Security. CYBERSECURITY THREATS TO FED- ERAL ELECTION CAMPAIGNS. Representatives. (2) Input solicited from Secretaries of (3) SECURITY VULNERABILITY.—The term State of the various States and the chief (a) REPORTS REQUIRED.— ‘‘security vulnerability’’ has the meaning election officials of the States. (1) IN GENERAL.—As provided in paragraph given such term in section 102 of the Cyber- (3) Technical security measures, including (2), for each Federal election, the Director of security Information Sharing Act of 2015 (6 auditable paper trails for voting machines, National Intelligence, in coordination with U.S.C. 1501). securing wireless and Internet connections, the Under Secretary of Homeland Security (b) IN GENERAL.—The Director of National and other technical safeguards. for Intelligence and Analysis and the Direc- Intelligence, in coordination with the Direc- (4) Detection of cyber threats, including tor of the Federal Bureau of Investigation, tor of the Central Intelligence Agency, the attacks and attempted attacks by Russian shall make publicly available on an Internet Director of the National Security Agency, government or nongovernment cyber threat website an advisory report on foreign coun- the Director of the Federal Bureau of Inves- actors. terintelligence and cybersecurity threats to tigation, the Secretary of Homeland Secu- (5) Improvements in the identification and election campaigns for Federal offices. Each rity, and the heads of other relevant ele- attribution of Russian government or non- such report shall include, consistent with ments of the intelligence community, shall— government cyber threat actors. the protection of sources and methods, each (1) commence not later than 1 year before (6) Deterrence, including actions and meas- of the following: any regularly scheduled Federal election oc- ures that could or should be undertaken (A) A description of foreign counterintel- curring after December 31, 2018, and com- against or communicated to the Government ligence and cybersecurity threats to election plete not later than 180 days before such of Russia or other entities to deter attacks campaigns for Federal offices. election, an assessment of security against, or interference with, United States (B) A summary of best practices that elec- vulnerabilities of State election systems; election systems and processes. tion campaigns for Federal offices can em- and (7) Improvements in Federal Government ploy in seeking to counter such threats. (2) not later than 180 days before any regu- communications with State and local elec- (C) An identification of any publicly avail- larly scheduled Federal election occurring tion officials. able resources, including United States Gov- after December 31, 2018, submit a report on (8) Public education and communication ernment resources, for countering such such security vulnerabilities and an assess- efforts. threats. ment of foreign intelligence threats to the (9) Benchmarks and milestones to enable (2) SCHEDULE FOR SUBMITTAL.—A report election to— the measurement of concrete steps taken under this subsection shall be made avail- (A) congressional leadership; and and progress made in the implementation of able as follows: (B) the appropriate congressional commit- the strategy. (A) In the case of a report regarding an tees. (d) CONGRESSIONAL BRIEFING.—Not later election held for the office of Senator or (c) UPDATE.—Not later than 90 days before than 90 days after the date of the enactment Member of the House of Representatives dur- any regularly scheduled Federal election oc- of this Act, the Director of National Intel- ing 2018, not later than the date that is 60 curring after December 31, 2018, the Director ligence and the Secretary of Homeland Secu- days after the date of the enactment of this of National Intelligence shall— rity shall jointly brief the appropriate con- Act.

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(B) In the case of a report regarding an (1) ACTIVE MEASURES CAMPAIGN.—The term methods, the other appropriate congres- election for a Federal office during any sub- ‘‘active measures campaign’’ means a foreign sional committees. The briefing shall be sequent year, not later than the date that is semi-covert or covert intelligence operation. classified and address, at a minimum, the 1 year before the date of the election. (2) CANDIDATE, ELECTION, AND POLITICAL following: (3) INFORMATION TO BE INCLUDED.—A report PARTY.—The terms ‘‘candidate’’, ‘‘election’’, (A) A description of the significant foreign under this subsection shall reflect the most and ‘‘political party’’ have the meanings cyber intrusion or active measures cam- current information available to the Direc- given those terms in section 301 of the Fed- paign, as the case may be, covered by the de- tor of National Intelligence regarding for- eral Election Campaign Act of 1971 (52 U.S.C. termination. eign counterintelligence and cybersecurity 30101). (B) An identification of the foreign state or threats. (3) CONGRESSIONAL LEADERSHIP.—The term foreign nonstate person, group, or other enti- (b) TREATMENT OF CAMPAIGNS SUBJECT TO ‘‘congressional leadership’’ includes the fol- ty, to which such intrusion or campaign has HEIGHTENED THREATS.—If the Director of the lowing: been attributed. Federal Bureau of Investigation and the (A) The majority leader of the Senate. (C) The desirability and feasibility of the Under Secretary of Homeland Security for (B) The minority leader of the Senate. public release of information about the cyber Intelligence and Analysis jointly determine (C) The Speaker of the House of Represent- intrusion or active measures campaign. that an election campaign for Federal office atives. (D) Any other information such Directors is subject to a heightened foreign counter- (D) The minority leader of the House of and the Secretary jointly determine appro- intelligence or cybersecurity threat, the Di- Representatives. priate. rector and the Under Secretary, consistent (4) CYBER INTRUSION.—The term ‘‘cyber in- (2) ELECTRONIC ELECTION INFRASTRUCTURE with the protection of sources and methods, trusion’’ means an electronic occurrence BRIEFINGS.—With respect to a significant for- may make available additional information that actually or imminently jeopardizes, eign cyber intrusion covered by a determina- to the appropriate representatives of such without lawful authority, electronic election tion under subsection (b), the Secretary of campaign. infrastructure, or the integrity, confiden- Homeland Security, in consultation with the tiality, or availability of information within Director of National Intelligence and the Di- SEC. 507. INFORMATION SHARING WITH STATE such infrastructure. ELECTION OFFICIALS. rector of the Federal Bureau of Investiga- (5) ELECTRONIC ELECTION INFRASTRUC- (a) STATE DEFINED.—In this section, the tion, shall offer to the owner or operator of TURE.—The term ‘‘electronic election infra- any electronic election infrastructure di- term ‘‘State’’ means any State of the United structure’’ means an electronic information States, the District of Columbia, the Com- rectly affected by such intrusion, a briefing system of any of the following that is related on such intrusion, including steps that may monwealth of Puerto Rico, and any territory to an election for Federal office: or possession of the United States. be taken to mitigate such intrusion. Such (A) The Federal Government. briefing may be classified and made avail- (b) SECURITY CLEARANCES.— (B) A State or local government. (1) IN GENERAL.—Not later than 30 days able only to individuals with appropriate se- (C) A political party. curity clearances. after the date of the enactment of this Act, (D) The election campaign of a candidate. the Director of National Intelligence shall (3) PROTECTION OF SOURCES AND METHODS.— (6) FEDERAL OFFICE.—The term ‘‘Federal This subsection shall be carried out in a support the Under Secretary of Homeland office’’ has the meaning given that term in Security for Intelligence and Analysis, and manner that is consistent with the protec- section 301 of the Federal Election Campaign tion of sources and methods. any other official of the Department of Act of 1971 (52 U.S.C. 30101). SEC. 509. DESIGNATION OF COUNTERINTEL- Homeland Security designated by the Sec- (7) HIGH CONFIDENCE.—The term ‘‘high con- retary of Homeland Security, in sponsoring a LIGENCE OFFICER TO LEAD ELEC- fidence’’, with respect to a determination, TION SECURITY MATTERS. security clearance up to the top secret level means that the determination is based on (a) IN GENERAL.—The Director of National for each eligible chief election official of a high-quality information from multiple Intelligence shall designate a national coun- State or the District of Columbia, and addi- sources. terintelligence officer within the National tional eligible designees of such election offi- (8) MODERATE CONFIDENCE.—The term Counterintelligence and Security Center to cial as appropriate, at the time that such ‘‘moderate confidence’’, with respect to a de- lead, manage, and coordinate counterintel- election official assumes such position. termination, means that a determination is ligence matters relating to election security. (2) INTERIM CLEARANCES.—Consistent with credibly sourced and plausible but not of suf- (b) ADDITIONAL RESPONSIBILITIES.—The per- applicable policies and directives, the Direc- ficient quality or corroborated sufficiently son designated under subsection (a) shall tor of National Intelligence may issue in- to warrant a higher level of confidence. also lead, manage, and coordinate counter- terim clearances, for a period to be deter- (9) OTHER APPROPRIATE CONGRESSIONAL intelligence matters relating to risks posed mined by the Director, to a chief election of- COMMITTEES.—The term ‘‘other appropriate by interference from foreign powers (as de- ficial as described in paragraph (1) and up to congressional committees’’ means— fined in section 101 of the Foreign Intel- 1 designee of such official under such para- (A) the Committee on Armed Services, the ligence Surveillance Act of 1978 (50 U.S.C. graph. Committee on Homeland Security and Gov- 1801)) to the following: (c) INFORMATION SHARING.— ernmental Affairs, and the Committee on (1) The Federal Government election secu- (1) IN GENERAL.—The Director of National Appropriations of the Senate; and rity supply chain. Intelligence shall assist the Under Secretary (B) the Committee on Armed Services, the (2) Election voting systems and software. of Homeland Security for Intelligence and Committee on Homeland Security, and the (3) Voter registration databases. Analysis and the Under Secretary respon- Committee on Appropriations of the House (4) Critical infrastructure related to elec- sible for overseeing critical infrastructure of Representatives. tions. protection, cybersecurity, and other related (b) DETERMINATIONS OF SIGNIFICANT FOR- (5) Such other Government goods and serv- programs of the Department (as specified in EIGN CYBER INTRUSIONS AND ACTIVE MEAS- ices as the Director of National Intelligence section 103(a)(1)(H) of the Homeland Security URES CAMPAIGNS.—The Director of National considers appropriate. Act of 2002 (6 U.S.C. 113(a)(1)(H))) with shar- Intelligence, the Director of the Federal Bu- ing any appropriate classified information reau of Investigation, and the Secretary of TITLE VI—SECURITY CLEARANCES related to threats to election systems and to Homeland Security shall jointly carry out SEC. 601. DEFINITIONS. the integrity of the election process with subsection (c) if such Directors and the Sec- In this title: chief election officials and such designees retary jointly determine— (1) APPROPRIATE CONGRESSIONAL COMMIT- who have received a security clearance under (1) that on or after the date of the enact- TEES.—The term ‘‘appropriate congressional subsection (b). ment of this Act, a significant foreign cyber committees’’ means— (2) COORDINATION.—The Under Secretary of intrusion or active measures campaign in- (A) the congressional intelligence commit- Homeland Security for Intelligence and tended to influence an upcoming election for tees; Analysis shall coordinate with the Director any Federal office has occurred or is occur- (B) the Committee on Armed Services of of National Intelligence and the Under Sec- ring; and the Senate; retary responsible for overseeing critical in- (2) with moderate or high confidence, that (C) the Committee on Appropriations of frastructure protection, cybersecurity, and such intrusion or campaign can be attributed the Senate; other related programs of the Department to a foreign state or to a foreign nonstate (D) the Committee on Homeland Security (as specified in section 103(a)(1)(H) of the person, group, or other entity. and Governmental Affairs of the Senate; Homeland Security Act of 2002 (6 U.S.C. (c) BRIEFING.— (E) the Committee on Armed Services of 113(a)(1)(H))) to facilitate the sharing of in- (1) IN GENERAL.—Not later than 14 days the House of Representatives; formation to the affected Secretaries of after making a determination under sub- (F) the Committee on Appropriations of State or States. section (b), the Director of National Intel- the House of Representatives; SEC. 508. NOTIFICATION OF SIGNIFICANT FOR- ligence, the Director of the Federal Bureau (G) the Committee on Homeland Security EIGN CYBER INTRUSIONS AND AC- of Investigation, and the Secretary of Home- of the House of Representatives; and TIVE MEASURES CAMPAIGNS DI- land Security shall jointly provide a briefing (H) the Committee on Oversight and Re- RECTED AT ELECTIONS FOR FED- to the congressional leadership, the congres- form of the House of Representatives. ERAL OFFICES. sional intelligence committees and, con- (2) APPROPRIATE INDUSTRY PARTNERS.—The (a) DEFINITIONS.—In this section: sistent with the protection of sources and term ‘‘appropriate industry partner’’ means

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a contractor, licensee, or grantee (as defined (2) REPORT ON THE FUTURE OF PERSONNEL (C) using secure and reliable digitization of in section 101(a) of Executive Order 12829 (50 SECURITY.— information obtained during the clearance U.S.C. 3161 note; relating to National Indus- (A) IN GENERAL.—Not later than 180 days process; trial Security Program)) that is partici- after the date of the enactment of this Act, (D) building the capacity of the back- pating in the National Industrial Security the Chairman of the Council, in coordination ground investigation labor sector; and Program established by such Executive with the members of the Council, shall sub- (E) replacing periodic reinvestigations Order. mit to the appropriate congressional com- with continuous evaluation techniques in all (3) CONTINUOUS VETTING.—The term ‘‘con- mittees and make available to appropriate appropriate circumstances. tinuous vetting’’ has the meaning given such industry partners a report on the future of (b) POLICY, STRATEGY, AND IMPLEMENTA- term in Executive Order 13467 (50 U.S.C. 3161 personnel security to reflect changes in TION.—Not later than 180 days after the date note; relating to reforming processes related threats, the workforce, and technology. of the enactment of this Act, the Security to suitability for government employment, (B) CONTENTS.—The report submitted Executive Agent shall, in coordination with fitness for contractor employees, and eligi- under subparagraph (A) shall include the fol- the members of the Council, establish the bility for access to classified national secu- lowing: following: rity information). (i) A risk framework for granting and re- (1) A policy and implementation plan for (4) COUNCIL.—The term ‘‘Council’’ means newing access to classified information. the issuance of interim security clearances. the Security, Suitability, and Credentialing (ii) A discussion of the use of technologies (2) A policy and implementation plan to Performance Accountability Council estab- to prevent, detect, and monitor threats. ensure contractors are treated consistently lished pursuant to such Executive Order, or (iii) A discussion of efforts to address reci- in the security clearance process across any successor entity. procity and portability. agencies and departments of the United (5) SECURITY EXECUTIVE AGENT.—The term (iv) A discussion of the characteristics of States as compared to employees of such ‘‘Security Executive Agent’’ means the offi- effective insider threat programs. agencies and departments. Such policy shall cer serving as the Security Executive Agent (v) An analysis of how to integrate data address— pursuant to section 803 of the National Secu- from continuous evaluation, insider threat (A) prioritization of processing security rity Act of 1947, as added by section 605. programs, and human resources data. clearances based on the mission the contrac- (6) SUITABILITY AND CREDENTIALING EXECU- (vi) Recommendations on interagency gov- tors will be performing; TIVE AGENT.—The term ‘‘Suitability and ernance. (B) standardization in the forms that agen- Credentialing Executive Agent’’ means the (3) PLAN FOR IMPLEMENTATION.—Not later cies issue to initiate the process for a secu- Director of the Office of Personnel Manage- than 180 days after the date of the enactment rity clearance; ment acting as the Suitability and of this Act, the Chairman of the Council, in (C) digitization of background investiga- Credentialing Executive Agent in accordance coordination with the members of the Coun- tion-related forms; with Executive Order 13467 (50 U.S.C. 3161 cil, shall submit to the appropriate congres- (D) use of the polygraph; note; relating to reforming processes related sional committees and make available to ap- (E) the application of the adjudicative to suitability for government employment, propriate industry partners a plan to imple- guidelines under Security Executive Agent fitness for contractor employees, and eligi- ment the report’s framework and rec- Directive 4 (known as the ‘‘National Secu- bility for access to classified national secu- ommendations submitted under paragraph rity Adjudicative Guidelines’’); rity information), or any successor entity. (2)(A). (F) reciprocal recognition of clearances SEC. 602. REPORTS AND PLANS RELATING TO SE- (4) CONGRESSIONAL NOTIFICATIONS.—Not less across agencies and departments of the CURITY CLEARANCES AND BACK- frequently than quarterly, the Security Ex- United States, regardless of status of peri- GROUND INVESTIGATIONS. ecutive Agent shall make available to the odic reinvestigation; (a) SENSE OF CONGRESS.—It is the sense of public a report regarding the status of the (G) tracking of clearance files as individ- Congress that— disposition of requests received from depart- uals move from employment with an agency (1) ensuring the trustworthiness and secu- ments and agencies of the Federal Govern- or department of the United States to em- rity of the workforce, facilities, and informa- ment for a change to, or approval under, the ployment in the private sector; tion of the Federal Government is of the Federal investigative standards, the national (H) collection of timelines for movement of highest priority to national security and adjudicative guidelines, continuous evalua- contractors across agencies and depart- public safety; tion, or other national policy regarding per- ments; (2) the President and Congress should sonnel security. (I) reporting on security incidents and job prioritize the modernization of the personnel SEC. 603. IMPROVING THE PROCESS FOR SECU- performance, consistent with section 552a of security framework to improve its effi- RITY CLEARANCES. title 5, United States Code (commonly ciency, effectiveness, and accountability; known as the ‘‘Privacy Act of 1974’’), that (3) the current system for security clear- (a) REVIEWS.—Not later than 180 days after may affect the ability to hold a security ance, suitability and fitness for employment, the date of the enactment of this Act, the clearance; and credentialing lacks efficiencies and ca- Security Executive Agent, in coordination (J) any recommended changes to the Fed- pabilities to meet the current threat envi- with the members of the Council, shall sub- eral Acquisition Regulations (FAR) nec- ronment, recruit and retain a trusted work- mit to the appropriate congressional com- essary to ensure that information affecting force, and capitalize on modern technologies; mittees and make available to appropriate contractor clearances or suitability is appro- and industry partners a report that includes the priately and expeditiously shared between (4) changes to policies or processes to im- following: and among agencies and contractors; and prove this system should be vetted through (1) A review of whether the information re- (K) portability of contractor security the Council to ensure standardization, port- quested on the Questionnaire for National clearances between or among contracts at ability, and reciprocity in security clear- Security Positions (Standard Form 86) and the same agency and between or among con- ances across the Federal Government. by the Federal Investigative Standards pre- tracts at different agencies that require the (b) ACCOUNTABILITY PLANS AND REPORTS.— scribed by the Office of Personnel Manage- same level of clearance. (1) PLANS.—Not later than 90 days after the ment and the Office of the Director of Na- (3) A strategy and implementation plan date of the enactment of this Act, the Coun- tional Intelligence appropriately supports that— cil shall submit to the appropriate congres- the adjudicative guidelines under Security (A) provides for periodic reinvestigations sional committees and make available to ap- Executive Agent Directive 4 (known as the as part of a security clearance determination propriate industry partners the following: ‘‘National Security Adjudicative Guide- only on an as-needed, risk-based basis; (A) A plan, with milestones, to reduce the lines’’). Such review shall include identifica- (B) includes actions to assess the extent to background investigation inventory to tion of whether any such information cur- which automated records checks and other 200,000, or an otherwise sustainable steady- rently collected is unnecessary to support continuous evaluation methods may be used level, by the end of year 2020. Such plan shall the adjudicative guidelines. to expedite or focus reinvestigations; and include notes of any required changes in in- (2) An assessment of whether such Ques- (C) provides an exception for certain popu- vestigative and adjudicative standards or re- tionnaire, Standards, and guidelines should lations if the Security Executive Agent— sources. be revised to account for the prospect of a (i) determines such populations require re- (B) A plan to consolidate the conduct of holder of a security clearance becoming an investigations at regular intervals; and background investigations associated with insider threat. (ii) provides written justification to the the processing for security clearances in the (3) Recommendations to improve the back- appropriate congressional committees for most effective and efficient manner between ground investigation process by— any such determination. the National Background Investigation Bu- (A) simplifying the Questionnaire for Na- (4) A policy and implementation plan for reau and the Defense Security Service, or a tional Security Positions (Standard Form 86) agencies and departments of the United successor organization. Such plan shall ad- and increasing customer support to appli- States, as a part of the security clearance dress required funding, personnel, contracts, cants completing such Questionnaire; process, to accept automated records checks information technology, field office struc- (B) using remote techniques and central- generated pursuant to a security clearance ture, policy, governance, schedule, transition ized locations to support or replace field in- applicant’s employment with a prior em- costs, and effects on stakeholders. vestigation work; ployer.

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REPORT ON UNIFIED, SIMPLIFIED, GOV- continuous vetting program as a substitute effective, efficient, timely, and secure com- ERNMENTWIDE STANDARDS FOR PO- for a periodic investigation for continued ac- pletion of investigations, polygraphs, and ad- SITIONS OF TRUST AND SECURITY cess to classified information. judications relating to determinations of eli- CLEARANCES. gibility for access to classified information Not later than 90 days after the date of the SEC. 604. GOALS FOR PROMPTNESS OF DETER- enactment of this Act, the Security Execu- MINATIONS REGARDING SECURITY or eligibility to hold a sensitive position. tive Agent and the Suitability and CLEARANCES. ‘‘(4) Unless otherwise designated by law, to Credentialing Executive Agent, in coordina- (a) RECIPROCITY DEFINED.—In this section, serve as the final authority to designate a tion with the other members of the Council, the term ‘‘reciprocity’’ means reciprocal rec- Federal agency or agencies to conduct inves- shall jointly submit to the appropriate con- ognition by Federal departments and agen- tigations of persons who are proposed for ac- gressional committees and make available to cies of eligibility for access to classified in- cess to classified information or for eligi- appropriate industry partners a report re- formation. bility to hold a sensitive position to ascer- garding the advisability and the risks, bene- (b) IN GENERAL.—The Council shall reform tain whether such persons satisfy the cri- fits, and costs to the Government and to in- the security clearance process with the ob- teria for obtaining and retaining access to dustry of consolidating to not more than 3 jective that, by December 31, 2021, 90 percent classified information or eligibility to hold a tiers for positions of trust and security of all determinations, other than determina- sensitive position, as applicable. clearances. tions regarding populations identified under ‘‘(5) Unless otherwise designated by law, to SEC. 607. REPORT ON CLEARANCE IN PERSON section 603(b)(3)(C), regarding— serve as the final authority to designate a CONCEPT. (1) security clearances— Federal agency or agencies to determine eli- (a) SENSE OF CONGRESS.—It is the sense of (A) at the secret level are issued in 30 days gibility for access to classified information Congress that to reflect the greater mobility or fewer; and or eligibility to hold a sensitive position in of the modern workforce, alternative meth- (B) at the top secret level are issued in 90 accordance with Executive Order 12968 (50 odologies merit analysis to allow greater days or fewer; and U.S.C. 3161 note; relating to access to classi- flexibility for individuals moving in and out (2) reciprocity of security clearances at the fied information). of positions that require access to classified same level are recognized in 2 weeks or ‘‘(6) To ensure reciprocal recognition of eli- information, while still preserving security. fewer. gibility for access to classified information (b) REPORT REQUIRED.—Not later than 90 (c) CERTAIN REINVESTIGATIONS.—The Coun- or eligibility to hold a sensitive position days after the date of the enactment of this cil shall reform the security clearance proc- among Federal agencies, including acting as Act, the Security Executive Agent shall sub- ess with the goal that by December 31, 2021, the final authority to arbitrate and resolve mit to the appropriate congressional com- reinvestigation on a set periodicity is not re- disputes among such agencies involving the mittees and make available to appropriate quired for more than 10 percent of the popu- reciprocity of investigations and adjudica- industry partners a report that describes the lation that holds a security clearance. tions of eligibility. requirements, feasibility, and advisability of (d) EQUIVALENT METRICS.— ‘‘(7) To execute all other duties assigned to implementing a clearance in person concept (1) IN GENERAL.—If the Council develops a the Security Executive Agent by law. described in subsection (c). set of performance metrics that it certifies ‘‘(c) AUTHORITIES.—The Security Executive (c) CLEARANCE IN PERSON CONCEPT.—The to the appropriate congressional committees Agent shall— clearance in person concept— should achieve substantially equivalent out- ‘‘(1) issue guidelines and instructions to (1) permits an individual who once held a comes as those outlined in subsections (b) the heads of Federal agencies to ensure ap- security clearance to maintain his or her eli- and (c), the Council may use those metrics propriate uniformity, centralization, effi- gibility for access to classified information, for purposes of compliance within this provi- ciency, effectiveness, timeliness, and secu- networks, and facilities for up to 3 years sion. rity in processes relating to determinations after the individual’s eligibility for access to (2) NOTICE.—If the Council uses the author- by such agencies of eligibility for access to classified information would otherwise lapse; ity provided by paragraph (1) to use metrics classified information or eligibility to hold a and as described in such paragraph, the Council sensitive position, including such matters as (2) recognizes, unless otherwise directed by shall, not later than 30 days after commu- investigations, polygraphs, adjudications, the Security Executive Agent, an individ- nicating such metrics to departments and and reciprocity; ual’s security clearance and background in- agencies, notify the appropriate congres- ‘‘(2) have the authority to grant exceptions vestigation as current, regardless of employ- sional committees that it is using such au- to, or waivers of, national security investiga- ment status, contingent on enrollment in a thority. tive requirements, including issuing imple- continuous vetting program. (e) PLAN.—Not later than 180 days after the menting or clarifying guidance, as necessary; (d) CONTENTS.—The report required under date of the enactment of this Act, the Coun- ‘‘(3) have the authority to assign, in whole subsection (b) shall address— cil shall submit to the appropriate congres- or in part, to the head of any Federal agency (1) requirements for an individual to volun- sional committees and make available to ap- (solely or jointly) any of the duties of the Se- tarily remain in a continuous evaluation propriate industry partners a plan to carry curity Executive Agent described in sub- program validated by the Security Executive out this section. Such plan shall include rec- section (b) or the authorities described in Agent even if the individual is not in a posi- ommended interim milestones for the goals paragraphs (1) and (2), provided that the ex- tion requiring access to classified informa- set forth in subsections (b) and (c) for 2019, ercise of such assigned duties or authorities tion; 2020, and 2021. is subject to the oversight of the Security (2) appropriate safeguards for privacy; (3) advantages to government and indus- SEC. 605. SECURITY EXECUTIVE AGENT. Executive Agent, including such terms and try; (a) IN GENERAL.—Title VIII of the National conditions (including approval by the Secu- (4) the costs and savings associated with Security Act of 1947 (50 U.S.C. 3161 et seq.) is rity Executive Agent) as the Security Execu- implementation; amended— tive Agent determines appropriate; and (5) the risks of such implementation, in- (1) by redesignating sections 803 and 804 as ‘‘(4) define and set standards for contin- cluding security and counterintelligence sections 804 and 805, respectively; and uous evaluation for continued access to clas- risks; (2) by inserting after section 802 the fol- sified information and for eligibility to hold (6) an appropriate funding model; and lowing: a sensitive position.’’. (b) REPORT ON RECOMMENDATIONS FOR RE- (7) fairness to small companies and inde- ‘‘SEC. 803. SECURITY EXECUTIVE AGENT. VISING AUTHORITIES.—Not later than 30 days pendent contractors. ‘‘(a) IN GENERAL.—The Director of National after the date on which the Chairman of the SEC. 608. BUDGET REQUEST DOCUMENTATION Intelligence, or such other officer of the Council submits to the appropriate congres- ON FUNDING FOR BACKGROUND IN- United States as the President may des- sional committees the report required by VESTIGATIONS. ignate, shall serve as the Security Executive section 602(b)(2)(A), the Chairman shall sub- (a) IN GENERAL.—As part of the fiscal year Agent for all departments and agencies of mit to the appropriate congressional com- 2020 budget request submitted to Congress the United States. mittees such recommendations as the Chair- pursuant to section 1105(a) of title 31, United ‘‘(b) DUTIES.—The duties of the Security man may have for revising the authorities of States Code, the President shall include ex- Executive Agent are as follows: the Security Executive Agent. hibits that identify the resources expended ‘‘(1) To direct the oversight of investiga- (c) CONFORMING AMENDMENT.—Section by each agency during the prior fiscal year tions, reinvestigations, adjudications, and, 103H(j)(4)(A) of such Act (50 U.S.C. for processing background investigations and as applicable, polygraphs for eligibility for 3033(j)(4)(A)) is amended by striking ‘‘in sec- continuous evaluation programs, access to classified information or eligibility tion 804’’ and inserting ‘‘in section 805’’. disaggregated by tier and whether the indi- to hold a sensitive position made by any (d) CLERICAL AMENDMENT.—The table of vidual was a Government employee or con- Federal agency. contents in the matter preceding section 2 of tractor.

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(b) CONTENTS.—Each exhibit submitted of the intelligence community for the fiscal only require a security clearance at the se- under subsection (a) shall include details year covered by the report, the following: cret level. on— ‘‘(A) The total number of initial security SEC. 612. INFORMATION SHARING PROGRAM FOR (1) the costs of background investigations clearance background investigations spon- POSITIONS OF TRUST AND SECURITY or reinvestigations; sored for new applicants. CLEARANCES. (2) the costs associated with background ‘‘(B) The total number of security clear- (a) PROGRAM REQUIRED.— investigations for Government or contract ance periodic reinvestigations sponsored for (1) IN GENERAL.—Not later than 90 days personnel; existing employees. after the date of the enactment of this Act, (3) costs associated with continuous eval- ‘‘(C) The total number of initial security the Security Executive Agent and the Suit- uation initiatives monitoring for each person clearance background investigations for new ability and Credentialing Executive Agent for whom a background investigation or re- applicants that were adjudicated with notice shall establish and implement a program to investigation was conducted, other than of a determination provided to the prospec- share between and among agencies of the costs associated with adjudication; tive applicant, including— Federal Government and industry partners (4) the average per person cost for each ‘‘(i) the total number of such adjudications of the Federal Government relevant back- type of background investigation; and that were adjudicated favorably and granted ground information regarding individuals ap- (5) a summary of transfers and access to classified information; and plying for and currently occupying national reprogrammings that were executed in the ‘‘(ii) the total number of such adjudica- security positions and positions of trust, in previous year to support the processing of se- tions that were adjudicated unfavorably and order to ensure the Federal Government curity clearances. resulted in a denial or revocation of a secu- maintains a trusted workforce. SEC. 609. REPORTS ON RECIPROCITY FOR SECU- rity clearance. (2) DESIGNATION.—The program established RITY CLEARANCES INSIDE OF DE- ‘‘(D) The total number of security clear- under paragraph (1) shall be known as the PARTMENTS AND AGENCIES. ance periodic background investigations ‘‘Trusted Information Provider Program’’ (in (a) RECIPROCALLY RECOGNIZED DEFINED.—In that were adjudicated with notice of a deter- this section referred to as the ‘‘Program’’). this section, the term ‘‘reciprocally recog- mination provided to the existing employee, (b) PRIVACY SAFEGUARDS.—The Security nized’’ means reciprocal recognition by Fed- including— Executive Agent and the Suitability and eral departments and agencies of eligibility ‘‘(i) the total number of such adjudications Credentialing Executive Agent shall ensure for access to classified information. that were adjudicated favorably; and that the Program includes such safeguards (b) REPORTS TO SECURITY EXECUTIVE ‘‘(ii) the total number of such adjudica- for privacy as the Security Executive Agent AGENT.—The head of each Federal depart- tions that were adjudicated unfavorably and and the Suitability and Credentialing Execu- ment or agency shall submit an annual re- resulted in a denial or revocation of a secu- tive Agent consider appropriate. port to the Security Executive Agent that— rity clearance. (c) PROVISION OF INFORMATION TO THE FED- (1) identifies the number of individuals ‘‘(E) The total number of pending security ERAL GOVERNMENT.—The Program shall in- whose security clearances take more than 2 clearance background investigations, includ- clude requirements that enable investigative weeks to be reciprocally recognized after ing initial applicant investigations and peri- service providers and agencies of the Federal such individuals move to another part of odic reinvestigations, that were not adju- Government to leverage certain pre-employ- such department or agency; and dicated as of the last day of such year and ment information gathered during the em- (2) breaks out the information described in that remained pending, categorized as fol- ployment or military recruiting process, and paragraph (1) by type of clearance and the lows: other relevant security or human resources reasons for any delays. ‘‘(i) For 180 days or shorter. information obtained during employment (c) ANNUAL REPORT.—Not less frequently ‘‘(ii) For longer than 180 days, but shorter with or for the Federal Government, that than once each year, the Security Executive satisfy Federal investigative standards, Agent shall submit to the appropriate con- than 12 months. ‘‘(iii) For 12 months or longer, but shorter while safeguarding personnel privacy. gressional committees and make available to (d) INFORMATION AND RECORDS.—The infor- than 18 months. industry partners an annual report that sum- mation and records considered under the ‘‘(iv) For 18 months or longer, but shorter marizes the information received pursuant Program shall include the following: than 24 months. to subsection (b) during the period covered (1) Date and place of birth. ‘‘(v) For 24 months or longer. by such report. (2) Citizenship or immigration and natu- ‘‘(F) For any security clearance determina- SEC. 610. INTELLIGENCE COMMUNITY REPORTS ralization information. tions completed or pending during the year ON SECURITY CLEARANCES. (3) Education records. preceding the year for which the report is Section 506H of the National Security Act (4) Employment records. submitted that have taken longer than 12 of 1947 (50 U.S.C. 3104) is amended— (5) Employment or social references. months to complete— (1) in subsection (a)(1)— (6) Military service records. ‘‘(i) an explanation of the causes for the (A) in subparagraph (A)(ii), by adding (7) State and local law enforcement delays incurred during the period covered by ‘‘and’’ at the end; checks. the report; and (B) in subparagraph (B)(ii), by striking ‘‘; (8) Criminal history checks. ‘‘(ii) the number of such delays involving a and’’ and inserting a period; and (9) Financial records or information. polygraph requirement. (C) by striking subparagraph (C); (10) Foreign travel, relatives, or associa- ‘‘(G) The percentage of security clearance (2) by redesignating subsection (b) as sub- tions. investigations, including initial and periodic section (c); (11) Social media checks. reinvestigations, that resulted in a denial or (3) by inserting after subsection (a) the fol- (12) Such other information or records as revocation of a security clearance. lowing: may be relevant to obtaining or maintaining ‘‘(b) INTELLIGENCE COMMUNITY REPORTS.— ‘‘(H) The percentage of security clearance national security, suitability, fitness, or (1)(A) Not later than March 1 of each year, investigations that resulted in incomplete credentialing eligibility. the Director of National Intelligence shall information. (e) IMPLEMENTATION PLAN.— submit a report to the congressional intel- ‘‘(I) The percentage of security clearance (1) IN GENERAL.—Not later than 90 days ligence committees, the Committee on investigations that did not result in enough after the date of the enactment of this Act, Homeland Security and Governmental Af- information to make a decision on poten- the Security Executive Agent and the Suit- fairs of the Senate, the Committee on Home- tially adverse information. ability and Credentialing Executive Agent land Security of the House of Representa- ‘‘(3) The report required under this sub- shall jointly submit to the appropriate con- tives, and the Committee on Oversight and section shall be submitted in unclassified gressional committees and make available to Reform of the House of Representatives reform, but may include a classified annex.’’; appropriate industry partners a plan for the garding the security clearances processed by and implementation of the Program. each element of the intelligence community (4) in subsection (c), as redesignated, by (2) ELEMENTS.—The plan required by para- during the preceding fiscal year. striking ‘‘subsection (a)(1)’’ and inserting graph (1) shall include the following: ‘‘(B) The Director shall submit to the Com- ‘‘subsections (a)(1) and (b)’’. (A) Mechanisms that address privacy, na- mittee on Armed Services of the Senate and SEC. 611. PERIODIC REPORT ON POSITIONS IN the Committee on Armed Services of the THE INTELLIGENCE COMMUNITY tional security, suitability or fitness, House of Representatives such portions of THAT CAN BE CONDUCTED WITHOUT credentialing, and human resources or mili- the report submitted under subparagraph (A) ACCESS TO CLASSIFIED INFORMA- tary recruitment processes. as the Director determines address elements TION, NETWORKS, OR FACILITIES. (B) Such recommendations for legislative of the intelligence community that are with- Not later than 180 days after the date of or administrative action as the Security Ex- in the Department of Defense. the enactment of this Act and not less fre- ecutive Agent and the Suitability and ‘‘(C) Each report submitted under this quently than once every 5 years thereafter, Credentialing Executive Agent consider ap- paragraph shall separately identify security the Director of National Intelligence shall propriate to carry out or improve the Pro- clearances processed for Federal employees submit to the congressional intelligence gram. and contractor employees sponsored by each committees a report that reviews the intel- (f) PLAN FOR PILOT PROGRAM ON TWO-WAY such element. ligence community for which positions can INFORMATION SHARING.— ‘‘(2) Each report submitted under para- be conducted without access to classified in- (1) IN GENERAL.—Not later than 180 days graph (1)(A) shall include, for each element formation, networks, or facilities, or may after the date of the enactment of this Act,

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00163 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 S3794 CONGRESSIONAL RECORD — SENATE June 18, 2019 the Security Executive Agent and the Suit- Defense and the Russian Federation regard- (1) A summary of leading examples from ability and Credentialing Executive Agent ing cybersecurity shall be conducted in ac- the 3-year period preceding the date of the shall jointly submit to the appropriate con- cordance with section 1232 of the National submittal of the report of threat finance ac- gressional committees and make available to Defense Authorization Act for Fiscal Year tivities conducted by, for the benefit of, or at appropriate industry partners a plan for the 2017 (Public Law 114–328), as amended by sec- the behest of— implementation of a pilot program to assess tion 1231 of the National Defense Authoriza- (A) officials of the Government of Russia; the feasibility and advisability of expanding tion Act for Fiscal Year 2018 (Public Law (B) persons subject to sanctions under any the Program to include the sharing of infor- 115–91). provision of law imposing sanctions with re- mation held by the Federal Government re- (c) ELEMENTS.—If the Director submits a spect to Russia; lated to contract personnel with the security report under subsection (b) with respect to (C) Russian nationals subject to sanctions office of the employers of those contractor an agreement, such report shall include a de- under any other provision of law; or personnel. scription of each of the following: (D) Russian oligarchs or organized crimi- (2) ELEMENTS.—The plan required by para- (1) The purpose of the agreement. nals. graph (1) shall include the following: (2) The nature of any intelligence to be (2) An assessment with respect to any (A) Mechanisms that address privacy, na- shared pursuant to the agreement. trends or patterns in threat finance activi- tional security, suitability or fitness, (3) The expected value to national security ties relating to Russia, including common credentialing, and human resources or mili- resulting from the implementation of the methods of conducting such activities and tary recruitment processes. agreement. global nodes of money laundering used by (B) Such recommendations for legislative (4) Such counterintelligence concerns asso- Russian threat actors described in paragraph or administrative action as the Security Ex- ciated with the agreement as the Director (1) and associated entities. ecutive Agent and the Suitability and may have and such measures as the Director (3) An assessment of any connections be- Credentialing Executive Agent consider ap- expects to be taken to mitigate such con- tween Russian individuals involved in money propriate to carry out or improve the pilot cerns. laundering and the Government of Russia. program. (d) RULE OF CONSTRUCTION.—This section (4) A summary of engagement and coordi- (g) REVIEW.—Not later than 1 year after shall not be construed to affect any existing nation with international partners on threat the date of the enactment of this Act, the authority of the Director of National Intel- finance relating to Russia, especially in Eu- Security Executive Agent and the Suit- ligence, the Director of the Central Intel- rope, including examples of such engagement ability and Credentialing Executive Agent ligence Agency, or another head of an ele- and coordination. shall jointly submit to the appropriate con- ment of the intelligence community, to (5) An identification of any resource and gressional committees and make available to share or receive foreign intelligence on a collection gaps. appropriate industry partners a review of the case-by-case basis. (6) An identification of— plans submitted under subsections (e)(1) and SEC. 702. REPORT ON RETURNING RUSSIAN COM- (A) entry points of money laundering by (f)(1) and utility and effectiveness of the pro- POUNDS. Russian and associated entities into the grams described in such plans. (a) COVERED COMPOUNDS DEFINED.—In this United States; SEC. 613. REPORT ON PROTECTIONS FOR CON- section, the term ‘‘covered compounds’’ (B) any vulnerabilities within the United FIDENTIALITY OF WHISTLEBLOWER- means the real property in New York, the States legal and financial system, including RELATED COMMUNICATIONS. real property in Maryland, and the real prop- specific sectors, which have been or could be Not later than 180 days after the date of erty in San Francisco, California, that were exploited in connection with Russian threat the enactment of this Act, the Security Ex- under the control of the Government of Rus- finance activities; and ecutive Agent shall, in coordination with the sia in 2016 and were removed from such con- (C) the counterintelligence threat posed by Inspector General of the Intelligence Com- trol in response to various transgressions by Russian money laundering and other forms munity, submit to the appropriate congres- the Government of Russia, including the in- of threat finance, as well as the threat to the sional committees a report detailing the terference by the Government of Russia in United States financial system and United controls employed by the intelligence com- the 2016 election in the United States. States efforts to enforce sanctions and community to ensure that continuous vetting (b) REQUIREMENT FOR REPORT.—Not later bat organized crime. programs, including those involving user ac- than 180 days after the date of the enactment (7) Any other matters the Director deter- tivity monitoring, protect the confiden- of this Act, the Director of National Intel- mines appropriate. ligence shall submit to the congressional in- tiality of whistleblower-related communica- (d) FORM OF REPORT.—The report required tions. telligence committees, and the Committee under subsection (b) may be submitted in on Foreign Relations of the Senate and the TITLE VII—REPORTS AND OTHER classified form. Committee on Foreign Affairs of the House MATTERS of Representatives (only with respect to the SEC. 704. NOTIFICATION OF AN ACTIVE MEAS- URES CAMPAIGN. Subtitle A—Matters Relating to Russia and unclassified report), a report on the intel- Other Foreign Powers ligence risks of returning the covered com- (a) DEFINITIONS.—In this section: SEC. 701. LIMITATION RELATING TO ESTABLISH- pounds to Russian control. (1) APPROPRIATE CONGRESSIONAL COMMIT- MENT OR SUPPORT OF CYBERSECU- (c) FORM OF REPORT.—The report required TEES.—The term ‘‘appropriate congressional RITY UNIT WITH THE RUSSIAN FED- by this section shall be submitted in classi- committees’’ means— ERATION. fied and unclassified forms. (A) the congressional intelligence commit- (a) APPROPRIATE CONGRESSIONAL COMMIT- SEC. 703. ASSESSMENT OF THREAT FINANCE RE- tees; TEES DEFINED.—In this section, the term LATING TO RUSSIA. (B) the Committee on Armed Services of ‘‘appropriate congressional committees’’ (a) THREAT FINANCE DEFINED.—In this sec- the Senate and the Committee on Armed means— tion, the term ‘‘threat finance’’ means— Services of the House of Representatives; (1) the congressional intelligence commit- (1) the financing of cyber operations, glob- and tees; al influence campaigns, intelligence service (C) the Committee on Foreign Relations of (2) the Committee on Armed Services of activities, proliferation, terrorism, or the Senate and the Committee on Foreign the Senate and the Committee on Armed transnational crime and drug organizations; Affairs of the House of Representatives. Services of the House of Representatives; (2) the methods and entities used to spend, (2) CONGRESSIONAL LEADERSHIP.—The term and store, move, raise, conceal, or launder money ‘‘congressional leadership’’ includes the fol- (3) the Committee on Foreign Relations of or value, on behalf of threat actors; lowing: the Senate and the Committee on Foreign (3) sanctions evasion; and (A) The majority leader of the Senate. Affairs of the House of Representatives. (4) other forms of threat finance activity (B) The minority leader of the Senate. (b) LIMITATION.— domestically or internationally, as defined (C) The Speaker of the House of Represent- (1) IN GENERAL.—No amount may be ex- by the President. atives. pended by the Federal Government, other (b) REPORT REQUIRED.—Not later than 60 (D) The minority leader of the House of than the Department of Defense, to enter days after the date of the enactment of this Representatives. into or implement any bilateral agreement Act, the Director of National Intelligence, in (b) REQUIREMENT FOR NOTIFICATION.—The between the United States and the Russian coordination with the Assistant Secretary of Director of National Intelligence, in coopera- Federation regarding cybersecurity, includ- the Treasury for Intelligence and Analysis, tion with the Director of the Federal Bureau ing the establishment or support of any cy- shall submit to the congressional intel- of Investigation and the head of any other bersecurity unit, unless, at least 30 days ligence committees a report containing an relevant agency, shall notify the congres- prior to the conclusion of any such agree- assessment of Russian threat finance. The sional leadership and the Chairman and Vice ment, the Director of National Intelligence assessment shall be based on intelligence Chairman or Ranking Member of each of the submits to the appropriate congressional from all sources, including from the Office of appropriate congressional committees, and committees a report on such agreement that Terrorism and Financial Intelligence of the of other relevant committees of jurisdiction, includes the elements required by subsection Department of the Treasury. each time the Director of National Intel- (c). (c) ELEMENTS.—The report required by sub- ligence determines there is credible informa- (2) DEPARTMENT OF DEFENSE AGREEMENTS.— section (b) shall include each of the fol- tion that a foreign power has, is, or will at- Any agreement between the Department of lowing: tempt to employ a covert influence or active

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00164 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3795 measures campaign with regard to the mod- not elements of the intelligence community transfer was by land, sea, or air, as well as fi- ernization, employment, doctrine, or force and relevant regulatory and industry groups nancial and additional technological capa- posture of the nuclear deterrent or missile described in subsection (b), to convey key bilities transferred by Iran to Hizballah. defense. messages across sectors targeted by United (2) A description of Iranian and Iranian- (c) CONTENT OF NOTIFICATION.—Each notifi- States adversaries. controlled personnel, including Hizballah, cation required by subsection (b) shall in- (D) Strategies to assist affected elements Shiite militias, and Iran’s Revolutionary clude information concerning actions taken of the communities described in subpara- Guard Corps forces, operating within Syria, by the United States to expose or halt an at- graph (C) in mitigating, deterring, and pro- including the number and geographic dis- tempt referred to in subsection (b). tecting against the broad range of threats tribution of such personnel operating within SEC. 705. NOTIFICATION OF TRAVEL BY ACCRED- from the efforts of adversaries described in 30 kilometers of the Israeli borders with ITED DIPLOMATIC AND CONSULAR subsection (b), with focus on producing infor- Syria and Lebanon. PERSONNEL OF THE RUSSIAN FED- mation that enables private entities to jus- (3) An assessment of Hizballah’s oper- ERATION IN THE UNITED STATES. tify business decisions related to national se- ational lessons learned based on its recent In carrying out the advance notification curity concerns. experiences in Syria. requirements set out in section 502 of the In- (E) The advisability of the establishment (4) A description of any rocket-producing telligence Authorization Act for Fiscal Year of a United States Government-wide task facilities in Lebanon for nonstate actors, in- 2017 (division N of Public Law 115–31; 131 force to coordinate outreach and activities cluding whether such facilities were assessed Stat. 825; 22 U.S.C. 254a note), the Secretary to combat the threats from efforts of adver- to be built at the direction of Hizballah lead- of State shall— saries described in subsection (b). ership, Iranian leadership, or in consultation (1) ensure that the Russian Federation pro- (F) Such other matters as the Director of between Iranian leadership and Hizballah vides notification to the Secretary of State National Intelligence may consider nec- leadership. at least 2 business days in advance of all essary. (5) An analysis of the foreign and domestic travel that is subject to such requirements (d) CONSULTATION ENCOURAGED.—In pre- supply chains that significantly facilitate, by accredited diplomatic and consular per- paring the report required by subsection (b), support, or otherwise aid Hizballah’s acquisi- sonnel of the Russian Federation in the the Director is encouraged to consult with tion or development of missile production fa- United States, and take necessary action to other government agencies, think tanks, cilities, including the geographic distribu- secure full compliance by Russian personnel academia, representatives of the financial tion of such foreign and domestic supply and address any noncompliance; and industry, or such other entities as the Direc- chains. (2) provide notice of travel described in tor considers appropriate. (6) An assessment of the provision of goods, paragraph (1) to the Director of National In- (e) FORM.—The report required by sub- services, or technology transferred by Iran telligence and the Director of the Federal section (b) shall be submitted in unclassified or its affiliates to Hizballah to indigenously Bureau of Investigation within 1 hour of reform, but may include a classified annex as manufacture or otherwise produce missiles. ceiving notice of such travel. necessary. (7) An identification of foreign persons SEC. 706. REPORT ON OUTREACH STRATEGY AD- SEC. 707. REPORT ON IRANIAN SUPPORT OF that are based on credible information, fa- DRESSING THREATS FROM UNITED PROXY FORCES IN SYRIA AND LEB- cilitating the transfer of significant finan- STATES ADVERSARIES TO THE ANON. cial support or arms or related materiel to UNITED STATES TECHNOLOGY SEC- (a) DEFINITIONS.—In this section: Hizballah. TOR. (1) APPROPRIATE COMMITTEES OF CON- (8) A description of the threat posed to (a) APPROPRIATE COMMITTEES OF CONGRESS GRESS.—The term ‘‘appropriate committees Israel and other United States allies in the DEFINED.—In this section, the term ‘‘appro- of Congress’’ means— Middle East by the transfer of arms or re- priate committees of Congress’’ means— (A) the Committee on Armed Services, the lated material or other support offered to (1) the congressional intelligence commit- Committee on Foreign Relations, and the Se- Hizballah and other proxies from Iran. tees; lect Committee on Intelligence of the Sen- (d) FORM OF REPORT.—The report required (2) the Committee on Armed Services and ate; and under subsection (b) shall be submitted in the Committee on Homeland Security and (B) the Committee on Armed Services, the unclassified form, but may include a classi- Governmental Affairs of the Senate; and Committee on Foreign Affairs, and the Per- fied annex. (3) the Committee on Armed Services, manent Select Committee on Intelligence of SEC. 708. ANNUAL REPORT ON IRANIAN EXPENDI- Committee on Homeland Security, and the the House of Representatives. TURES SUPPORTING FOREIGN MILI- TARY AND TERRORIST ACTIVITIES. Committee on Oversight and Reform of the (2) ARMS OR RELATED MATERIAL.—The term House of Representatives. ‘‘arms or related material’’ means— (a) ANNUAL REPORT REQUIRED.—Not later (b) REPORT REQUIRED.—Not later than 180 (A) nuclear, biological, chemical, or radio- than 90 days after the date of the enactment of this Act and not less frequently than once days after the date of the enactment of this logical weapons or materials or components each year thereafter, the Director of Na- Act, the Director of National Intelligence of such weapons; tional Intelligence shall submit to Congress shall submit to the appropriate committees (B) ballistic or cruise missile weapons or a report describing Iranian expenditures in of Congress a report detailing outreach by materials or components of such weapons; the previous calendar year on military and the intelligence community and the Defense (C) destabilizing numbers and types of ad- Intelligence Enterprise to United States in- terrorist activities outside the country, in- vanced conventional weapons; cluding each of the following: dustrial, commercial, scientific, technical, (D) defense articles or defense services, as and academic communities on matters relat- (1) The amount spent in such calendar year those terms are defined in paragraphs (3) and on activities by the Islamic Revolutionary ing to the efforts of adversaries of the United (4), respectively, of section 47 of the Arms States to acquire critical United States Guard Corps, including activities providing Export Control Act (22 U.S.C. 2794); support for— technology, intellectual property, and re- (E) defense information, as that term is de- search and development information. (A) Hizballah; fined in section 644 of the Foreign Assistance (B) Houthi rebels in Yemen; (c) CONTENTS.—The report required by sub- Act of 1961 (22 U.S.C. 2403); or (C) Hamas; section (b) shall include the following: (F) items designated by the President for (1) A review of the current outreach efforts (D) proxy forces in Iraq and Syria; or purposes of the United States Munitions List (E) any other entity or country the Direc- of the intelligence community and the De- under section 38(a)(1) of the Arms Export fense Intelligence Enterprise described in tor determines to be relevant. Control Act (22 U.S.C. 2778(a)(1)). (2) The amount spent in such calendar year subsection (b), including the type of informa- (b) REPORT REQUIRED.—Not later than 180 for ballistic missile research and testing or tion conveyed in the outreach. days after the date of the enactment of this other activities that the Director determines (2) A determination of the appropriate ele- Act, the Director of National Intelligence are destabilizing to the Middle East region. ment of the intelligence community to lead shall submit to the appropriate committees (b) FORM.—The report required under sub- such outreach efforts. of Congress a report on Iranian support of section (a) shall be submitted in unclassified (3) An assessment of potential methods for proxy forces in Syria and Lebanon and the form, but may include a classified annex. improving the effectiveness of such out- threat posed to Israel, other United States reach, including an assessment of the fol- SEC. 709. EXPANSION OF SCOPE OF COMMITTEE regional allies, and other specified interests TO COUNTER ACTIVE MEASURES lowing: of the United States as a result of such sup- AND REPORT ON ESTABLISHMENT (A) Those critical technologies, infrastruc- port. OF FOREIGN MALIGN INFLUENCE ture, or related supply chains that are at (c) MATTERS FOR INCLUSION.—The report CENTER. risk from the efforts of adversaries described required under subsection (b) shall include (a) SCOPE OF COMMITTEE TO COUNTER AC- in subsection (b). information relating to the following mat- TIVE MEASURES.— (B) The necessity and advisability of grant- ters with respect to both the strategic and (1) IN GENERAL.—Section 501 of the Intel- ing security clearances to company or com- tactical implications for the United States ligence Authorization Act for Fiscal Year munity leadership, when necessary and ap- and its allies: 2017 (Public Law 115–31; 50 U.S.C. 3001 note) is propriate, to allow for tailored classified (1) A description of arms or related mate- amended— briefings on specific targeted threats. riel transferred by Iran to Hizballah since (A) in subsections (a) through (h)— (C) The advisability of partnering with en- March 2011, including the number of such (i) by inserting ‘‘, the People’s Republic of tities of the Federal Government that are arms or related materiel and whether such China, the Islamic Republic of Iran, the

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00165 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 S3796 CONGRESSIONAL RECORD — SENATE June 18, 2019 Democratic People’s Republic of Korea, or given such term in Department of Homeland whistleblower matters, with respect to such other nation state’’ after ‘‘Russian Federa- Security Instruction Number 264–01–001, or inspectors general. tion’’ each place it appears; and successor authority. (b) OBJECTIVE OF REVIEW.—The objective of (ii) by inserting ‘‘, China, Iran, North (b) REPORT REQUIRED.—Not later than 120 the review required under subsection (a) is to Korea, or other nation state’’ after ‘‘Russia’’ days after the date of the enactment of this identify any discrepancies, inconsistencies, each place it appears; and Act, the Secretary of Homeland Security, in or other issues, which frustrate the timely (B) in the section heading, by inserting ‘‘, consultation with the Under Secretary of and effective reporting of intelligence com- THE PEOPLE’S REPUBLIC OF CHINA, THE ISLAMIC Homeland Security for Intelligence and munity whistleblower matters to appro- REPUBLIC OF IRAN, THE DEMOCRATIC PEOPLE’S Analysis, shall submit to the appropriate priate inspectors general and to the congres- REPUBLIC OF KOREA, OR OTHER NATION STATE’’ committees of Congress a report on the au- sional intelligence committees, and the fair after ‘‘RUSSIAN FEDERATION’’. thorities of the Under Secretary. and expeditious investigation and resolution (2) CLERICAL AMENDMENT.—The table of (c) ELEMENTS.—The report required by sub- of such matters. (c) CONDUCT OF REVIEW.—The Inspector contents in section 1(b) of such Act is section (b) shall include each of the fol- General of the Intelligence Community shall amended by striking the item relating to lowing: take such measures as the Inspector General section 501 and inserting the following new (1) An analysis of whether the Under Sec- determines necessary in order to ensure that item: retary has the legal and policy authority the review required by subsection (a) is con- ‘‘Sec. 501. Committee to counter active necessary to organize and lead the Homeland ducted in an independent and objective fash- measures by the Russian Fed- Security Intelligence Enterprise, with re- ion. eration, the People’s Republic spect to intelligence, and, if not, a descrip- (d) REPORT.—Not later than 270 days after of China, the Islamic Republic tion of— the date of the enactment of this Act, the In- of Iran, the Democratic Peo- (A) the obstacles to exercising the authori- spector General of the Intelligence Commu- ple’s Republic of Korea, and ties of the Chief Intelligence Officer of the nity shall submit to the congressional intel- other nation states to exert Department and the Homeland Security In- ligence committees a written report con- covert influence over peoples telligence Council, of which the Chief Intel- taining the results of the review required and governments.’’. ligence Officer is the chair; and under subsection (a), along with rec- (b) REPORT REQUIRED.— (B) the legal and policy changes necessary ommendations to improve the timely and ef- (1) IN GENERAL.—Not later than 180 days to effectively coordinate, organize, and lead fective reporting of intelligence community after the date of the enactment of this Act, intelligence activities of the Department of whistleblower matters to inspectors general the Director of National Intelligence, in co- Homeland Security. and to the congressional intelligence com- ordination with such elements of the intel- (2) A description of the actions that the mittees and the fair and expeditious inves- ligence community as the Director considers Secretary has taken to address the inability tigation and resolution of such matters. relevant, shall submit to the congressional of the Under Secretary to require compo- SEC. 715. REPORT ON ROLE OF DIRECTOR OF NA- intelligence committees a report on the fea- nents of the Department, other than the Of- TIONAL INTELLIGENCE WITH RE- sibility and advisability of establishing a fice of Intelligence and Analysis of the De- SPECT TO CERTAIN FOREIGN IN- center, to be known as the ‘‘Foreign Malign partment to— VESTMENTS. (a) REPORT.—Not later than 180 days after Influence Response Center’’, that— (A) coordinate intelligence programs; and the date of the enactment of this Act, the (A) is comprised of analysts from all appro- (B) integrate and standardize intelligence products produced by such other compo- Director of National Intelligence, in con- priate elements of the intelligence commu- sultation with the heads of the elements of nents. nity, including elements with related diplo- the intelligence community determined ap- matic and law enforcement functions; SEC. 713. REPORT ON CYBER EXCHANGE PRO- propriate by the Director, shall submit to (B) has access to all intelligence and other GRAM. the congressional intelligence committees a reporting acquired by the United States Gov- (a) REPORT.—Not later than 90 days after report on the role of the Director in pre- ernment on foreign efforts to influence, the date of the enactment of this Act, the paring analytic materials in connection with through overt and covert malign activities, Director of National Intelligence shall sub- the evaluation by the Federal Government of United States political processes and elec- mit to the congressional intelligence com- national security risks associated with po- tions; mittees a report on the potential establish- tential foreign investments into the United (C) provides comprehensive assessment, ment of a fully voluntary exchange program States. and indications and warning, of such activi- between elements of the intelligence commu- (b) ELEMENTS.—The report under sub- ties; and nity and private technology companies under section (a) shall include— (D) provides for enhanced dissemination of which— (1) a description of the current process for such assessment to United States policy (1) an employee of an element of the intel- the provision of the analytic materials de- makers. ligence community with demonstrated ex- scribed in subsection (a); (2) CONTENTS.—The Report required by pertise and work experience in cybersecurity (2) an identification of the most significant paragraph (1) shall include the following: or related disciplines may elect to be tempo- benefits and drawbacks of such process with (A) A discussion of the desirability of the rarily detailed to a private technology com- respect to the role of the Director, including establishment of such center and any bar- pany that has elected to receive the detailee; the sufficiency of resources and personnel to riers to such establishment. and prepare such materials; and (B) Such recommendations and other mat- (2) an employee of a private technology (3) recommendations to improve such proc- ters as the Director considers appropriate. company with demonstrated expertise and ess. Subtitle B—Reports work experience in cybersecurity or related SEC. 716. REPORT ON SURVEILLANCE BY FOR- disciplines may elect to be temporarily de- EIGN GOVERNMENTS AGAINST SEC. 711. TECHNICAL CORRECTION TO INSPEC- tailed to an element of the intelligence com- UNITED STATES TELECOMMUNI- TOR GENERAL STUDY. CATIONS NETWORKS. Section 11001(d) of title 5, United States munity that has elected to receive the detailee. (a) APPROPRIATE CONGRESSIONAL COMMIT- Code, is amended— TEES DEFINED.—In this section, the term (b) ELEMENTS.—The report under sub- (1) in the subsection heading, by striking ‘‘appropriate congressional committees’’ section (a) shall include the following: ‘‘AUDIT’’ and inserting ‘‘REVIEW’’; means the following: (1) An assessment of the feasibility of es- (2) in paragraph (1), by striking ‘‘audit’’ (1) The congressional intelligence commit- tablishing the exchange program described and inserting ‘‘review’’; and tees. in such subsection. (3) in paragraph (2), by striking ‘‘audit’’ (2) The Committee on the Judiciary and (2) Identification of any challenges in es- and inserting ‘‘review’’. the Committee on Homeland Security and tablishing the exchange program. SEC. 712. REPORTS ON AUTHORITIES OF THE Governmental Affairs of the Senate. (3) An evaluation of the benefits to the in- CHIEF INTELLIGENCE OFFICER OF (3) The Committee on the Judiciary and telligence community that would result THE DEPARTMENT OF HOMELAND the Committee on Homeland Security of the from the exchange program. SECURITY. House of Representatives. (a) DEFINITIONS.—In this section: SEC. 714. REVIEW OF INTELLIGENCE COMMUNITY (b) REPORT.—Not later than 180 days after (1) APPROPRIATE COMMITTEES OF CON- WHISTLEBLOWER MATTERS. the date of the enactment of this Act, the GRESS.—The term ‘‘appropriate committees (a) REVIEW OF WHISTLEBLOWER MATTERS.— Director of National Intelligence shall, in co- of Congress’’ means— The Inspector General of the Intelligence ordination with the Director of the Central (A) the congressional intelligence commit- Community, in consultation with the inspec- Intelligence Agency, the Director of the Na- tees; tors general for the Central Intelligence tional Security Agency, the Director of the (B) the Committee on Homeland Security Agency, the National Security Agency, the Federal Bureau of Investigation, and the and Governmental Affairs of the Senate; and National Geospatial-Intelligence Agency, the Secretary of Homeland Security, submit to (C) the Committee on Homeland Security Defense Intelligence Agency, and the Na- the appropriate congressional committees a of the House of Representatives. tional Reconnaissance Office, shall conduct a report describing— (2) HOMELAND SECURITY INTELLIGENCE EN- review of the authorities, policies, investiga- (1) any attempts known to the intelligence TERPRISE.—The term ‘‘Homeland Security tory standards, and other practices and pro- community by foreign governments to ex- Intelligence Enterprise’’ has the meaning cedures relating to intelligence community ploit cybersecurity vulnerabilities in United

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00166 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3797 States telecommunications networks (in- informal, into the existence of an unauthor- ‘‘Sec. 1105. Semiannual reports on investiga- cluding Signaling System No. 7) to target for ized public disclosure of classified informa- tions of unauthorized disclo- surveillance United States persons, includ- tion. sures of classified informa- ing employees of the Federal Government; ‘‘(3) UNAUTHORIZED DISCLOSURE OF CLASSI- tion.’’. and FIED INFORMATION.—The term ‘unauthorized SEC. 720. CONGRESSIONAL NOTIFICATION OF (2) any actions, as of the date of the enact- disclosure of classified information’ means DESIGNATION OF COVERED INTEL- ment of this Act, taken by the intelligence any unauthorized disclosure of classified in- LIGENCE OFFICER AS PERSONA NON community to protect agencies and per- formation to any recipient. GRATA. sonnel of the United States Government ‘‘(4) UNAUTHORIZED PUBLIC DISCLOSURE OF (a) COVERED INTELLIGENCE OFFICER DE- from surveillance conducted by foreign gov- CLASSIFIED INFORMATION.—The term ‘unau- FINED.—In this section, the term ‘‘covered ernments. thorized public disclosure of classified infor- intelligence officer’’ means— SEC. 717. BIENNIAL REPORT ON FOREIGN IN- mation’ means the unauthorized disclosure (1) a United States intelligence officer VESTMENT RISKS. of classified information to a journalist or serving in a post in a foreign country; or (a) INTELLIGENCE COMMUNITY INTERAGENCY media organization. (2) a known or suspected foreign intel- WORKING GROUP.— ‘‘(b) INTELLIGENCE COMMUNITY REPORT- ligence officer serving in a United States (1) REQUIREMENT TO ESTABLISH.—The Direc- ING.— post. ‘‘(1) IN GENERAL.—Not less frequently than tor of National Intelligence shall establish (b) REQUIREMENT FOR REPORTS.—Not later an intelligence community interagency once every 6 months, each covered official than 72 hours after a covered intelligence of- working group to prepare the biennial re- shall submit to the congressional intel- ficer is designated as a persona non grata, ports required by subsection (b). ligence committees a report on investiga- the Director of National Intelligence, in con- (2) CHAIRPERSON.—The Director of National tions of unauthorized public disclosures of sultation with the Secretary of State, shall Intelligence shall serve as the chairperson of classified information. submit to the congressional intelligence such interagency working group. ‘‘(2) ELEMENTS.—Each report submitted committees, the Committee on Foreign Re- (3) MEMBERSHIP.—Such interagency work- under paragraph (1) shall include, with relations of the Senate, and the Committee on ing group shall be composed of representa- spect to the preceding 6-month period, the Foreign Affairs of the House of Representa- tives of each element of the intelligence following: tives a notification of that designation. Each community that the Director of National In- ‘‘(A) The number of investigations opened such notification shall include— telligence determines appropriate. by the covered official regarding an unau- (1) the date of the designation; (b) BIENNIAL REPORT ON FOREIGN INVEST- thorized public disclosure of classified infor- (2) the basis for the designation; and MENT RISKS.— mation. (3) a justification for the expulsion. (1) REPORT REQUIRED.—Not later than 180 ‘‘(B) The number of investigations com- SEC. 721. REPORTS ON INTELLIGENCE COMMU- days after the date of the enactment of this pleted by the covered official regarding an unauthorized public disclosure of classified NITY PARTICIPATION IN Act and not less frequently than once every VULNERABILITIES EQUITIES PROC- 2 years thereafter, the Director of National information. ESS OF FEDERAL GOVERNMENT. ‘‘(C) Of the number of such completed in- Intelligence shall submit to the congres- (a) DEFINITIONS.—In this section: vestigations identified under subparagraph sional intelligence committees, the Com- (1) VULNERABILITIES EQUITIES POLICY AND (B), the number referred to the Attorney mittee on Homeland Security and Govern- PROCESS DOCUMENT.—The term General for criminal investigation. mental Affairs of the Senate, and the Com- ‘‘Vulnerabilities Equities Policy and Process ‘‘(c) DEPARTMENT OF JUSTICE REPORTING.— mittee on Homeland Security of the House of document’’ means the executive branch doc- ‘‘(1) IN GENERAL.—Not less frequently than Representatives a report on foreign invest- ument entitled ‘‘Vulnerabilities Equities once every 6 months, the Assistant Attorney ment risks prepared by the interagency Policy and Process’’ dated November 15, 2017. General for National Security of the Depart- working group established under subsection (2) VULNERABILITIES EQUITIES PROCESS.— ment of Justice, in consultation with the Di- (a). The term ‘‘Vulnerabilities Equities Process’’ rector of the Federal Bureau of Investiga- (2) ELEMENTS.—Each report required by means the interagency review of tion, shall submit to the congressional intel- paragraph (1) shall include identification, vulnerabilities, pursuant to the ligence committees, the Committee on the analysis, and explanation of the following: Vulnerabilities Equities Policy and Process Judiciary of the Senate, and the Committee (A) Any current or projected major threats document or any successor document. on the Judiciary of the House of Representa- to the national security of the United States (3) VULNERABILITY.—The term ‘‘vulner- tives a report on the status of each referral with respect to foreign investment. ability’’ means a weakness in an information made to the Department of Justice from any (B) Any strategy used by a foreign country system or its components (for example, sys- element of the intelligence community re- that such interagency working group has tem security procedures, hardware design, garding an unauthorized disclosure of classi- identified to be a country of special concern and internal controls) that could be ex- fied information made during the most re- to use foreign investment to target the ac- ploited or could affect confidentiality, integ- cent 365-day period or any referral that has quisition of critical technologies, critical rity, or availability of information. materials, or critical infrastructure. not yet been closed, regardless of the date the referral was made. (b) REPORTS ON PROCESS AND CRITERIA (C) Any economic espionage efforts di- UNDER VULNERABILITIES EQUITIES POLICY AND ‘‘(2) CONTENTS.—Each report submitted rected at the United States by a foreign PROCESS.— country, particularly such a country of spe- under paragraph (1) shall include, for each referral covered by the report, at a min- (1) IN GENERAL.—Not later than 90 days cial concern. after the date of the enactment of this Act, SEC. 718. MODIFICATION OF CERTAIN REPORT- imum, the following: ‘‘(A) The date the referral was received. the Director of National Intelligence shall ING REQUIREMENT ON TRAVEL OF submit to the congressional intelligence FOREIGN DIPLOMATS. ‘‘(B) A statement indicating whether the committees a written report describing— Section 502(d)(2) of the Intelligence Au- alleged unauthorized disclosure described in (A) with respect to each element of the in- thorization Act for Fiscal Year 2017 (Public the referral was substantiated by the Depart- telligence community— Law 115–31) is amended by striking ‘‘the ment of Justice. (i) the title of the official or officials re- number’’ and inserting ‘‘a best estimate’’. ‘‘(C) A statement indicating the highest level of classification of the information sponsible for determining whether, pursuant SEC. 719. SEMIANNUAL REPORTS ON INVESTIGA- to criteria contained in the Vulnerabilities TIONS OF UNAUTHORIZED DISCLO- that was revealed in the unauthorized disclo- SURES OF CLASSIFIED INFORMA- sure. Equities Policy and Process document or any TION. ‘‘(D) A statement indicating whether an successor document, a vulnerability must be (a) IN GENERAL.—Title XI of the National open criminal investigation related to the submitted for review under the Security Act of 1947 (50 U.S.C. 3231 et seq.) is referral is active. Vulnerabilities Equities Process; and amended by adding at the end the following ‘‘(E) A statement indicating whether any (ii) the process used by such element to new section: criminal charges have been filed related to make such determination; and ‘‘SEC. 1105. SEMIANNUAL REPORTS ON INVES- the referral. (B) the roles or responsibilities of that ele- TIGATIONS OF UNAUTHORIZED DIS- ‘‘(F) A statement indicating whether the ment during a review of a vulnerability sub- CLOSURES OF CLASSIFIED INFOR- Department of Justice has been able to at- mitted to the Vulnerabilities Equities Proc- MATION. tribute the unauthorized disclosure to a par- ess. ‘‘(a) DEFINITIONS.—In this section: ticular entity or individual. (2) CHANGES TO PROCESS OR CRITERIA.—Not ‘‘(1) COVERED OFFICIAL.—The term ‘covered ‘‘(d) FORM OF REPORTS.—Each report sub- later than 30 days after any significant official’ means— mitted under this section shall be submitted change is made to the process and criteria ‘‘(A) the heads of each element of the intel- in unclassified form, but may have a classi- used by any element of the intelligence com- ligence community; and fied annex.’’. munity for determining whether to submit a ‘‘(B) the inspectors general with oversight (b) CLERICAL AMENDMENT.—The table of vulnerability for review under the responsibility for an element of the intel- contents in the first section of the National Vulnerabilities Equities Process, such ele- ligence community. Security Act of 1947 is amended by inserting ment shall submit to the congressional intel- ‘‘(2) INVESTIGATION.—The term ‘investiga- after the item relating to section 1104 the ligence committees a report describing such tion’ means any inquiry, whether formal or following new item: change.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00167 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 S3798 CONGRESSIONAL RECORD — SENATE June 18, 2019

(3) FORM OF REPORTS.—Each report sub- SEC. 723. REPORTS ON GLOBAL WATER INSECU- (C) contributing trends and factors to the mitted under this subsection shall be sub- RITY AND NATIONAL SECURITY IM- matters assessed under subparagraphs (A) mitted in unclassified form, but may include PLICATIONS AND BRIEFING ON and (B). EMERGING INFECTIOUS DISEASE a classified annex. AND PANDEMICS. (4) EXAMINATION OF RESPONSE CAPACITY.—In examining the risks, costs, and impacts of (c) ANNUAL REPORTS.— (a) REPORTS ON GLOBAL WATER INSECURITY emerging infectious disease and a possible (1) IN GENERAL.—Not less frequently than AND NATIONAL SECURITY IMPLICATIONS.— once each calendar year, the Director of Na- (1) REPORTS REQUIRED.—Not later than 180 transnational pandemic under paragraph (3), tional Intelligence shall submit to the con- days after the date of the enactment of this the Director of National Intelligence shall gressional intelligence committees a classi- Act and not less frequently than once every also examine in the briefing under paragraph fied report containing, with respect to the 5 years thereafter, the Director of National (2) the response capacity within affected previous year— Intelligence shall submit to the congres- countries and the international system. In (A) the number of vulnerabilities sub- sional intelligence committees a report on considering response capacity, the Director mitted for review under the Vulnerabilities the implications of water insecurity on the shall include— Equities Process; national security interest of the United (A) the ability of affected nations to effec- (B) the number of vulnerabilities described States, including consideration of social, tively detect and manage emerging infec- in subparagraph (A) disclosed to each vendor economic, agricultural, and environmental tious diseases and a possible transnational responsible for correcting the vulnerability, factors. pandemic; or to the public, pursuant to the (2) ASSESSMENT SCOPE AND FOCUS.—Each re- (B) the role and capacity of international Vulnerabilities Equities Process; and port submitted under paragraph (1) shall in- organizations and nongovernmental organi- (C) the aggregate number, by category, of clude an assessment of water insecurity de- zations to respond to emerging infectious the vulnerabilities excluded from review scribed in such subsection with a global disease and a possible pandemic, and their under the Vulnerabilities Equities Process, scope, but focus on areas of the world— ability to coordinate with affected and donor as described in paragraph 5.4 of the (A) of strategic, economic, or humani- nations; and Vulnerabilities Equities Policy and Process tarian interest to the United States— (C) the effectiveness of current inter- document. (i) that are, as of the date of the report, at national frameworks, agreements, and health systems to respond to emerging infec- (2) UNCLASSIFIED INFORMATION.—Each re- the greatest risk of instability, conflict, port submitted under paragraph (1) shall in- human insecurity, or mass displacement; or tious diseases and a possible transnational clude an unclassified appendix that con- (ii) where challenges relating to water in- pandemic. tains— security are likely to emerge and become (5) FORM.—The briefing under paragraph (2) (A) the aggregate number of significant during the 5-year or the 20-year may be classified. vulnerabilities disclosed to vendors or the period beginning on the date of the report; and SEC. 724. ANNUAL REPORT ON MEMORANDA OF public pursuant to the Vulnerabilities Equi- UNDERSTANDING BETWEEN ELE- ties Process; and (B) where challenges relating to water in- MENTS OF INTELLIGENCE COMMU- (B) the aggregate number of vulnerabilities security are likely to imperil the national NITY AND OTHER ENTITIES OF THE disclosed to vendors or the public pursuant security interests of the United States or al- UNITED STATES GOVERNMENT RE- lies of the United States. GARDING SIGNIFICANT OPER- to the Vulnerabilities Equities Process (3) CONSULTATION.—In researching a report ATIONAL ACTIVITIES OR POLICY. known to have been patched. required by paragraph (1), the Director shall (3) NON-DUPLICATION.—The Director of Na- Section 311 of the Intelligence Authoriza- consult with— tional Intelligence may forgo submission of tion Act for Fiscal Year 2017 (50 U.S.C. 3313) (A) such stakeholders within the intel- an annual report required under this sub- is amended— ligence community, the Department of De- section for a calendar year, if the Director (1) by redesignating subsection (b) as sub- fense, and the Department of State as the notifies the intelligence committees in writ- section (c); and Director considers appropriate; and ing that, with respect to the same calendar (2) by striking subsection (a) and inserting (B) such additional Federal agencies and the following: year, an annual report required by paragraph persons in the private sector as the Director 4.3 of the Vulnerabilities Equities Policy and considers appropriate. ‘‘(a) IN GENERAL.—Each year, concurrent Process document already has been sub- (4) FORM.—Each report submitted under with the annual budget request submitted by mitted to Congress, and such annual report paragraph (1) shall be submitted in unclassi- the President to Congress under section 1105 contains the information that would other- fied form, but may include a classified of title 31, United States Code, each head of wise be required to be included in an annual annex. an element of the intelligence community report under this subsection. (b) BRIEFING ON EMERGING INFECTIOUS DIS- shall submit to the congressional intel- SEC. 722. INSPECTORS GENERAL REPORTS ON EASE AND PANDEMICS.— ligence committees a report that lists each CLASSIFICATION. (1) APPROPRIATE CONGRESSIONAL COMMIT- memorandum of understanding or other TEES DEFINED.—In this subsection, the term agreement regarding significant operational (a) REPORTS REQUIRED.—Not later than Oc- ‘‘appropriate congressional committees’’ activities or policy entered into during the tober 1, 2019, each Inspector General listed in means— most recently completed fiscal year between subsection (b) shall submit to the congres- (A) the congressional intelligence commit- or among such element and any other entity sional intelligence committees a report that tees; of the United States Government. includes, with respect to the department or (B) the Committee on Foreign Affairs, the ‘‘(b) PROVISION OF DOCUMENTS.—Each head agency of the Inspector General, analyses of Committee on Armed Services, and the Com- of an element of an intelligence community the following: mittee on Appropriations of the House of who receives a request from the Select Com- (1) The accuracy of the application of clas- Representatives; and mittee on Intelligence of the Senate or the sification and handling markers on a rep- (C) the Committee on Foreign Relations, Permanent Select Committee on Intelligence resentative sample of finished reports, in- the Committee on Armed Services, and the of the House of Representatives for a copy of cluding such reports that are compart- Committee on Appropriations of the Senate. a memorandum of understanding or other mented. (2) BRIEFING.—Not later than 120 days after document listed in a report submitted by the (2) Compliance with declassification proce- the date of the enactment of this Act, the head under subsection (a) shall submit to dures. Director of National Intelligence shall pro- such committee the requested copy as soon (3) The effectiveness of processes for iden- vide to the appropriate congressional com- as practicable after receiving such request.’’. tifying topics of public or historical impor- mittees a briefing on the anticipated geo- tance that merit prioritization for a declas- political effects of emerging infectious dis- SEC. 725. STUDY ON THE FEASIBILITY OF sification review. ease (including deliberate, accidental, and ENCRYPTING UNCLASSIFIED naturally occurring infectious disease WIRELINE AND WIRELESS TELE- (b) INSPECTORS GENERAL LISTED.—The In- threats) and pandemics, and their implica- PHONE CALLS. spectors General listed in this subsection are tions on the national security of the United (a) STUDY REQUIRED.—Not later than 180 as follows: States. days after the date of the enactment of this (1) The Inspector General of the Intel- (3) CONTENT.—The briefing under para- Act, the Director of National Intelligence ligence Community. graph (2) shall include an assessment of— shall complete a study on the feasibility of (2) The Inspector General of the Central In- (A) the economic, social, political, and se- encrypting unclassified wireline and wireless telligence Agency. curity risks, costs, and impacts of emerging (3) The Inspector General of the National infectious diseases on the United States and telephone calls between personnel in the in- Security Agency. the international political and economic sys- telligence community. (4) The Inspector General of the Defense tem; (b) REPORT.—Not later than 90 days after Intelligence Agency. (B) the economic, social, political, and se- the date on which the Director completes the (5) The Inspector General of the National curity risks, costs, and impacts of a major study required by subsection (a), the Direc- Reconnaissance Office. transnational pandemic on the United States tor shall submit to the congressional intel- (6) The Inspector General of the National and the international political and economic ligence committees a report on the Direc- Geospatial-Intelligence Agency. system; and tor’s findings with respect to such study.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00168 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3799 SEC. 726. MODIFICATION OF REQUIREMENT FOR other provision of law that may be adminis- SEC. 730. BRIEFING ON FEDERAL BUREAU OF IN- ANNUAL REPORT ON HIRING AND tered or used by an element of the intel- VESTIGATION OFFERING PERMA- RETENTION OF MINORITY EMPLOY- ligence community. NENT RESIDENCE TO SOURCES AND EES. COOPERATORS. (2) ANNUAL REPORTS REQUIRED.—Not less (a) EXPANSION OF PERIOD OF REPORT.—Sub- Not later than 30 days after the date of the frequently than once each year, the Director section (a) of section 114 of the National Se- enactment of this Act, the Director of the of National Intelligence shall submit to the curity Act of 1947 (50 U.S.C. 3050) is amended Federal Bureau of Investigation shall pro- congressional intelligence committees a re- by inserting ‘‘and the preceding 5 fiscal vide to the congressional intelligence com- port on the covered programs. Each such re- years’’ after ‘‘fiscal year’’. mittees a briefing on the ability of the Fed- port shall include, with respect to the period (b) CLARIFICATION ON DISAGGREGATION OF eral Bureau of Investigation to offer, as an covered by the report, the following: DATA.—Subsection (b) of such section is inducement to assisting the Bureau, perma- (A) The number of personnel from each ele- amended, in the matter before paragraph (1), nent residence within the United States to ment of the intelligence community who by striking ‘‘disaggregated data by category foreign individuals who are sources or co- used each covered program. of covered person from each element of the operators in counterintelligence or other na- (B) The total amount of funds each ele- intelligence community’’ and inserting tional security-related investigations. The ment expended for each such program. ‘‘data, disaggregated by category of covered briefing shall address the following: (C) A description of the efforts made by person and by element of the intelligence (1) The extent to which the Bureau may each element to promote each covered pro- community,’’. make such offers, whether independently or gram pursuant to both the personnel of the in conjunction with other agencies and de- SEC. 727. REPORTS ON INTELLIGENCE COMMU- element of the intelligence community and NITY LOAN REPAYMENT AND RE- partments of the United States Government, LATED PROGRAMS. to prospective personnel. including a discussion of the authorities pro- (a) SENSE OF CONGRESS.—It is the sense of SEC. 728. REPEAL OF CERTAIN REPORTING RE- vided by section 101(a)(15)(S) of the Immigra- Congress that— QUIREMENTS. tion and Nationality Act (8 U.S.C. (1) there should be established, through the (a) CORRECTING LONG-STANDING MATERIAL 1101(a)(15)(S)), section 7 of the Central Intel- issuing of an Intelligence Community Direc- WEAKNESSES.—Section 368 of the Intelligence ligence Agency Act (50 U.S.C. 3508), and any tive or otherwise, an intelligence commu- Authorization Act for Fiscal Year 2010 (Pub- other provision of law under which the Bu- nity-wide program for student loan repay- lic Law 110–259; 50 U.S.C. 3051 note) is hereby reau may make such offers. ment, student loan forgiveness, financial repealed. (2) An overview of the policies and oper- counseling, and related matters, for employ- (b) INTERAGENCY THREAT ASSESSMENT AND ational practices of the Bureau with respect ees of the intelligence community; COORDINATION GROUP.—Section 210D of the to making such offers. (2) creating such a program would enhance Homeland Security Act of 2002 (6 U.S.C. 124k) (3) The sufficiency of such policies and the ability of the elements of the intel- is amended— practices with respect to inducing individ- ligence community to recruit, hire, and re- (1) by striking subsection (c); and uals to cooperate with, serve as sources for tain highly qualified personnel, including (2) by redesignating subsections (d) such investigations, or both. with respect to mission-critical and hard-to- through (i) as subsections (c) through (h), re- (4) Whether the Director recommends any fill positions; spectively; and legislative actions to improve such policies (3) such a program, including with respect (3) in subsection (c), as so redesignated— and practices, particularly with respect to to eligibility requirements, should be de- (A) in paragraph (8), by striking ‘‘; and’’ the counterintelligence efforts of the Bu- reau. signed so as to maximize the ability of the and inserting a period; and elements of the intelligence community to (B) by striking paragraph (9). SEC. 731. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE SOURCES. recruit, hire, and retain highly qualified per- (c) INSPECTOR GENERAL REPORT.—Section (a) ASSESSMENT REQUIRED.—Not later than sonnel, including with respect to mission- 8H of the Inspector General Act of 1978 (5 180 days after the date of the enactment of U.S.C. App.) is amended— critical and hard-to-fill positions; and this Act, the Director of National Intel- (1) by striking subsection (g); and (4) to the extent possible, such a program ligence, in coordination with the Assistant should be uniform throughout the intel- (2) by redesignating subsections (h) and (i) Secretary of State for Intelligence and Re- ligence community and publicly promoted as subsections (g) and (h), respectively. search and the Assistant Secretary of the by each element of the intelligence commu- SEC. 729. INSPECTOR GENERAL OF THE INTEL- Treasury for Intelligence and Analysis, shall nity to both current employees of the ele- LIGENCE COMMUNITY REPORT ON produce an intelligence assessment of the ment as well as to prospective employees of SENIOR EXECUTIVES OF THE OF- revenue sources of the North Korean regime. the element. FICE OF THE DIRECTOR OF NA- Such assessment shall include revenue from TIONAL INTELLIGENCE. (b) REPORT ON POTENTIAL INTELLIGENCE the following sources: (a) SENIOR EXECUTIVE SERVICE POSITION COMMUNITY-WIDE PROGRAM.— (1) Trade in coal, iron, and iron ore. (1) IN GENERAL.—Not later than 180 days DEFINED.—In this section, the term ‘‘Senior (2) The provision of fishing rights to North after the date of the enactment of this Act, Executive Service position’’ has the meaning Korean territorial waters. the Director of National Intelligence, in co- given that term in section 3132(a)(2) of title (3) Trade in gold, titanium ore, vanadium operation with the heads of the elements of 5, United States Code, and includes any posi- ore, copper, silver, nickel, zinc, or rare earth the intelligence community and the heads of tion above the GS–15, step 10, level of the minerals, and other stores of value. any other appropriate department or agency General Schedule under section 5332 of such (4) Trade in textiles. of the Federal Government, shall submit to title. (5) Sales of conventional defense articles the congressional intelligence committees a (b) REPORT.—Not later than 90 days after and services. report on potentially establishing and car- the date of the enactment of this Act, the In- (6) Sales of controlled goods, ballistic mis- rying out an intelligence community-wide spector General of the Intelligence Commu- siles, and other associated items. program for student loan repayment, student nity shall submit to the congressional intel- (7) Other types of manufacturing for ex- loan forgiveness, financial counseling, and ligence committees a report on the number port, as the Director of National Intelligence related matters, as described in subsection of Senior Executive Service positions in the considers appropriate. (a). Office of the Director of National Intel- (8) The exportation of workers from North (2) MATTERS INCLUDED.—The report under ligence. Korea in a manner intended to generate sig- paragraph (1) shall include, at a minimum, (c) MATTERS INCLUDED.—The report under nificant revenue, directly or indirectly, for the following: subsection (b) shall include the following: use by the government of North Korea. (A) A description of the financial resources (1) The number of required Senior Execu- (9) The provision of nonhumanitarian that the elements of the intelligence com- tive Service positions for the Office of the goods (such as food, medicine, and medical munity would require to establish and ini- Director of National Intelligence. devices) and services by other countries. tially carry out the program specified in (2) Whether such requirements are reason- (10) The provision of services, including paragraph (1). ably based on the mission of the Office. banking and other support, including by en- (B) A description of the practical steps to (3) A discussion of how the number of the tities located in the Russian Federation, establish and carry out such a program. Senior Executive Service positions in the Of- China, and Iran. (C) The identification of any legislative ac- fice compare to the number of senior posi- (11) Online commercial activities of the tion the Director determines necessary to es- tions at comparable organizations. Government of North Korea, including on- tablish and carry out such a program. (d) COOPERATION.—The Director of Na- line gambling. (c) ANNUAL REPORTS ON ESTABLISHED PRO- tional Intelligence shall provide to the In- (12) Criminal activities, including cyber- GRAMS.— spector General of the Intelligence Commu- enabled crime and counterfeit goods. (1) COVERED PROGRAMS DEFINED.—In this nity any information requested by the In- (b) ELEMENTS.—The assessment required subsection, the term ‘‘covered programs’’ spector General of the Intelligence Commu- under subsection (a) shall include an identi- means any loan repayment program, loan nity that is necessary to carry out this sec- fication of each of the following: forgiveness program, financial counseling tion by not later than 14 calendar days after (1) The sources of North Korea’s funding. program, or similar program, established the date on which the Inspector General of (2) Financial and non-financial networks, pursuant to title X of the National Security the Intelligence Community makes such re- including supply chain management, trans- Act of 1947 (50 U.S.C. 3191 et seq.) or any quest. portation, and facilitation, through which

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North Korea accesses the United States and (4) INDUSTRIAL CONTROL SYSTEM.—The term (1) INTERIM REPORT.—Not later than 180 international financial systems and repatri- ‘‘industrial control system’’ means an oper- days after the date on which funds are first ates and exports capital, goods, and services; ational technology used to measure, control, disbursed under the Program, the Secretary and or manage industrial functions, and includes shall submit to the appropriate congres- (3) the global financial institutions, money supervisory control and data acquisition sys- sional committees an interim report that— services business, and payment systems that tems, distributed control systems, and pro- (A) describes the results of the Program; assist North Korea with financial trans- grammable logic or embedded controllers. (B) includes an analysis of the feasibility actions. (5) NATIONAL LABORATORY.—The term ‘‘Na- of each method studied under the Program; (c) SUBMITTAL TO CONGRESS.—Upon com- tional Laboratory’’ has the meaning given and pletion of the assessment required under sub- the term in section 2 of the Energy Policy (C) describes the results of the evaluations section (a), the Director of National Intel- Act of 2005 (42 U.S.C. 15801). conducted by the working group established ligence shall submit to the congressional in- (6) PROGRAM.—The term ‘‘Program’’ means under subsection (c)(1). telligence committees a copy of such assess- the pilot program established under sub- (2) FINAL REPORT.—Not later than 2 years ment. section (b). after the date on which funds are first dis- SEC. 732. REPORT ON POSSIBLE EXPLOITATION (7) SECRETARY.—Except as otherwise spe- bursed under the Program, the Secretary OF VIRTUAL CURRENCIES BY TER- cifically provided, the term ‘‘Secretary’’ shall submit to the appropriate congres- RORIST ACTORS. means the Secretary of Energy. sional committees a final report that— (a) SHORT TITLE.—This section may be (8) SECURITY VULNERABILITY.—The term (A) describes the results of the Program; cited as the ‘‘Stop Terrorist Use of Virtual ‘‘security vulnerability’’ means any at- (B) includes an analysis of the feasibility Currencies Act’’. tribute of hardware, software, process, or of each method studied under the Program; (b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the procedure that could enable or facilitate the and Director of National Intelligence, in con- defeat of a security control. (C) describes the results of the evaluations sultation with the Secretary of the Treas- (b) PILOT PROGRAM FOR SECURING ENERGY conducted by the working group established ury, shall submit to Congress a report on the INFRASTRUCTURE.—Not later than 180 days under subsection (c)(1). possible exploitation of virtual currencies by after the date of the enactment of this Act, (e) EXEMPTION FROM DISCLOSURE.—Infor- terrorist actors. Such report shall include the Secretary shall establish a 2-year control mation shared by or with the Federal Gov- the following elements: systems implementation pilot program with- ernment or a State, Tribal, or local govern- (1) An assessment of the means and meth- in the National Laboratories for the pur- ment under this section— ods by which international terrorist organi- poses of— (1) shall be deemed to be voluntarily zations and State sponsors of terrorism use (1) partnering with covered entities in the shared information; virtual currencies. energy sector (including critical component (2) shall be exempt from disclosure under (2) An assessment of the use by terrorist manufacturers in the supply chain) that vol- section 552 of title 5, United States Code, or organizations and State sponsors of ter- untarily participate in the Program to iden- any provision of any State, Tribal, or local rorism of virtual currencies compared to the tify new classes of security vulnerabilities of freedom of information law, open govern- use by such organizations and States of the covered entities; and ment law, open meetings law, open records other forms of financing to support oper- (2) evaluating technology and standards, in law, sunshine law, or similar law requiring ations, including an assessment of the collec- partnership with covered entities, to isolate the disclosure of information or records; and tion posture of the intelligence community and defend industrial control systems of cov- (3) shall be withheld from the public, with- on the use of virtual currencies by such orga- ered entities from security vulnerabilities out discretion, under section 552(b)(3) of title nizations and States. and exploits in the most critical systems of 5, United States Code, and any provision of (3) A description of any existing legal im- the covered entities, including— any State, Tribal, or local law requiring the pediments that inhibit or prevent the intel- (A) analog and nondigital control systems; disclosure of information or records. ligence community from collecting informa- (B) purpose-built control systems; and (f) PROTECTION FROM LIABILITY.— tion on or helping prevent the use of virtual (C) physical controls. (1) IN GENERAL.—A cause of action against currencies by international terrorist organi- (c) WORKING GROUP TO EVALUATE PROGRAM a covered entity for engaging in the vol- zations and State sponsors of terrorism and STANDARDS AND DEVELOP STRATEGY.— untary activities authorized under sub- an identification of any gaps in existing law (1) ESTABLISHMENT.—The Secretary shall section (b)— that could be exploited for illicit funding by establish a working group— (A) shall not lie or be maintained in any such organizations and States. (A) to evaluate the technology and stand- court; and (c) FORM OF REPORT.—The report required ards used in the Program under subsection (B) shall be promptly dismissed by the ap- by subsection (b) shall be submitted in un- (b)(2); and plicable court. classified form, but may include a classified (B) to develop a national cyber-informed (2) VOLUNTARY ACTIVITIES.—Nothing in this annex. engineering strategy to isolate and defend section subjects any covered entity to liabil- Subtitle C—Other Matters covered entities from security ity for not engaging in the voluntary activities authorized under subsection (b). SEC. 741. PUBLIC INTEREST DECLASSIFICATION vulnerabilities and exploits in the most crit- BOARD. ical systems of the covered entities. (g) NO NEW REGULATORY AUTHORITY FOR Section 710(b) of the Public Interest De- (2) MEMBERSHIP.—The working group es- FEDERAL AGENCIES.—Nothing in this section classification Act of 2000 (Public Law 106–567; tablished under paragraph (1) shall be com- authorizes the Secretary or the head of any 50 U.S.C. 3161 note) is amended by striking posed of not fewer than 10 members, to be ap- other department or agency of the Federal ‘‘December 31, 2018’’ and inserting ‘‘Decem- pointed by the Secretary, at least 1 member Government to issue new regulations. ber 31, 2028’’. of which shall represent each of the fol- (h) AUTHORIZATION OF APPROPRIATIONS.— SEC. 742. SECURING ENERGY INFRASTRUCTURE. lowing: (1) PILOT PROGRAM.—There is authorized to (a) DEFINITIONS.—In this section: (A) The Department of Energy. be appropriated $10,000,000 to carry out sub- (1) APPROPRIATE CONGRESSIONAL COMMIT- (B) The energy industry, including electric section (b). TEES.—The term ‘‘appropriate congressional utilities and manufacturers recommended by (2) WORKING GROUP AND REPORT.—There is committees’’ means— the Energy Sector coordinating councils. authorized to be appropriated $1,500,000 to (A) the congressional intelligence commit- (C)(i) The Department of Homeland Secu- carry out subsections (c) and (d). tees; rity; or (3) AVAILABILITY.—Amounts made avail- (B) the Committee on Homeland Security (ii) the Industrial Control Systems Cyber able under paragraphs (1) and (2) shall re- and Governmental Affairs and the Com- Emergency Response Team. main available until expended. mittee on Energy and Natural Resources of (D) The North American Electric Reli- SEC. 743. BUG BOUNTY PROGRAMS. the Senate; and ability Corporation. (a) DEFINITIONS.—In this section: (C) the Committee on Homeland Security (E) The Nuclear Regulatory Commission. (1) APPROPRIATE COMMITTEES OF CON- and the Committee on Energy and Commerce (F)(i) The Office of the Director of Na- GRESS.—The term ‘‘appropriate committees of the House of Representatives. tional Intelligence; or of Congress’’ means— (2) COVERED ENTITY.—The term ‘‘covered (ii) the intelligence community (as defined (A) the congressional intelligence commit- entity’’ means an entity identified pursuant in section 3 of the National Security Act of tees; to section 9(a) of Executive Order 13636 of 1947 (50 U.S.C. 3003)). (B) the Committee on Armed Services and February 12, 2013 (78 Fed. Reg. 11742), relat- (G)(i) The Department of Defense; or the Committee on Homeland Security and ing to identification of critical infrastruc- (ii) the Assistant Secretary of Defense for Governmental Affairs of the Senate; and ture where a cybersecurity incident could Homeland Security and America’s Security (C) the Committee on Armed Services and reasonably result in catastrophic regional or Affairs. the Committee on Homeland Security of the national effects on public health or safety, (H) A State or regional energy agency. House of Representatives. economic security, or national security. (I) A national research body or academic (2) BUG BOUNTY PROGRAM.—The term ‘‘bug (3) EXPLOIT.—The term ‘‘exploit’’ means a institution. bounty program’’ means a program under software tool designed to take advantage of (J) The National Laboratories. which an approved computer security spe- a security vulnerability. (d) REPORTS ON THE PROGRAM.— cialist or security researcher is temporarily

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(E) DIPLOMAS AND DEGREES.—Upon success- (B) FINAL REPORT.—Not later than 90 days (3) INFORMATION SYSTEM.—The term ‘‘infor- ful completion of the course of instruction in after the date of the conclusion of the pilot mation system’’ has the meaning given that which enrolled, any such private sector em- program, the Secretary shall submit to the term in section 3502 of title 44, United States ployee may be awarded an appropriate di- congressional intelligence committees, the Code. ploma or degree under section 2161 of title 10, Committee on Armed Services of the Senate, (b) BUG BOUNTY PROGRAM PLAN.— United States Code. and the Committee on Armed Services of the (1) REQUIREMENT.—Not later than 180 days (2) ELIGIBLE PRIVATE SECTOR EMPLOYEES.— House of Representatives a report on the after the date of the enactment of this Act, (A) IN GENERAL.—For purposes of this sub- findings of the Secretary with respect to the the Secretary of Homeland Security, in con- section, an eligible private sector employee pilot program. Such report shall include— sultation with the Secretary of Defense, is an individual employed by a private firm (i) the findings of the Secretary with re- shall submit to appropriate committees of that is engaged in providing to the Depart- spect to the feasability and advisability of Congress a strategic plan for appropriate ment of Defense, the intelligence commu- permitting eligible private sector employees agencies and departments of the United nity, or other Government departments or who work in organizations relevant to na- States to implement bug bounty programs. agencies significant and substantial intel- tional security to receive instruction at the (2) CONTENTS.—The plan required by para- ligence or defense-related systems, products, National Intelligence University; and graph (1) shall include— or services or whose work product is relevant (ii) a recommendation as to whether the (A) an assessment of— to national security policy or strategy. pilot program should be extended. (i) the ‘‘Hack the Pentagon’’ pilot program (B) LIMITATION.—Under this subsection, a SEC. 745. TECHNICAL AND CLERICAL AMEND- carried out by the Department of Defense in private sector employee admitted for in- MENTS TO THE NATIONAL SECURITY 2016 and subsequent bug bounty programs in struction at the National Intelligence Uni- ACT OF 1947. identifying and reporting vulnerabilities versity remains eligible for such instruction (a) TABLE OF CONTENTS.—The table of con- within the information systems of the De- only so long as that person remains em- tents at the beginning of the National Secu- partment of Defense; and ployed by the same firm, holds appropriate rity Act of 1947 (50 U.S.C. 3001 et seq.) is (ii) private sector bug bounty programs, insecurity clearances, and complies with any amended— cluding such programs implemented by lead- other applicable security protocols. (1) by inserting after the item relating to ing technology companies in the United (3) ANNUAL CERTIFICATION BY SECRETARY OF section 2 the following new item: States; and DEFENSE.—Under the pilot program, private ‘‘Sec. 3. Definitions.’’; (B) recommendations on the feasibility of sector employees may receive instruction at (2) by striking the item relating to section initiating bug bounty programs at appro- the National Intelligence University during 107; priate agencies and departments of the any academic year only if, before the start of (3) by striking the item relating to section United States. that academic year, the Secretary of Defense 113B and inserting the following new item: SEC. 744. MODIFICATION OF AUTHORITIES RE- determines, and certifies to the Committee ‘‘Sec. 113B. Special pay authority for LATING TO THE NATIONAL INTEL- on Armed Services of the Senate and the science, technology, engineer- LIGENCE UNIVERSITY. Committee on Armed Services of the House (a) CIVILIAN FACULTY MEMBERS; EMPLOY- of Representatives, that providing instruc- ing, or mathematics posi- MENT AND COMPENSATION.— tion to private sector employees under this tions.’’; (1) IN GENERAL.—Section 1595(c) of title 10, section during that year will further the na- (4) by striking the items relating to sec- United States Code, is amended by adding at tional security interests of the United tions 202, 203, 204, 208, 209, 210, 211, 212, 213, the end the following: States. and 214; and (5) by inserting after the item relating to ‘‘(5) The National Intelligence Univer- (4) PILOT PROGRAM REQUIREMENTS.—The sity.’’. Secretary of Defense shall ensure that— section 311 the following new item: (2) COMPENSATION PLAN.—The Secretary of (A) the curriculum in which private sector ‘‘Sec. 312. Repealing and saving provisions.’’. Defense shall provide each person employed employees may be enrolled under the pilot (b) OTHER TECHNICAL CORRECTIONS.—Such as a full-time professor, instructor, or lec- program is not readily available through Act is further amended— turer at the National Intelligence University other schools and concentrates on national (1) in section 102A— on the date of the enactment of this Act an security-relevant issues; and (A) in subparagraph (G) of paragraph (1) of opportunity to elect to be paid under the (B) the course offerings at the National In- subsection (g), by moving the margins of compensation plan in effect on the day be- telligence University are determined by the such subparagraph 2 ems to the left; and fore the date of the enactment of this Act needs of the Department of Defense and the (B) in paragraph (3) of subsection (v), by (with no reduction in pay) or under the au- intelligence community. moving the margins of such paragraph 2 ems thority of section 1595 of title 10, United (5) TUITION.—The President of the National to the left; States Code, as amended by paragraph (1). Intelligence University shall charge students (2) in section 106— (b) ACCEPTANCE OF FACULTY RESEARCH enrolled under the pilot program a rate (A) by inserting ‘‘SEC. 106’’ before ‘‘(a)’’; and GRANTS.—Section 2161 of such title is amend- that— (B) in subparagraph (I) of paragraph (2) of ed by adding at the end the following: (A) is at least the rate charged for employ- subsection (b), by moving the margins of ‘‘(d) ACCEPTANCE OF FACULTY RESEARCH ees of the United States outside the Depart- such subparagraph 2 ems to the left; GRANTS.—The Secretary of Defense may au- ment of Defense, less infrastructure costs; (3) by striking section 107; thorize the President of the National Intel- and (4) in section 108(c), by striking ‘‘in both a ligence University to accept qualifying re- (B) considers the value to the school and classified and an unclassified form’’ and in- search grants in the same manner and to the serting ‘‘to Congress in classified form, but same degree as the President of the National course of the private sector student. may include an unclassified summary’’; Defense University under section 2165(e) of (6) STANDARDS OF CONDUCT.—While receiv- (5) in section 112(c)(1), by striking ‘‘section this title.’’. ing instruction at the National Intelligence (c) PILOT PROGRAM ON ADMISSION OF PRI- University, students enrolled under the pilot 103(c)(7)’’ and inserting ‘‘section 102A(i)’’; VATE SECTOR CIVILIANS TO RECEIVE INSTRUC- program, to the extent practicable, are sub- (6) by amending section 201 to read as fol- TION.— ject to the same regulations governing aca- lows: (1) PILOT PROGRAM REQUIRED.— demic performance, attendance, norms of be- ‘‘SEC. 201. DEPARTMENT OF DEFENSE. (A) IN GENERAL.—Not later than 180 days havior, and enrollment as apply to Govern- ‘‘Except to the extent inconsistent with after the date of the enactment of this Act, ment civilian employees receiving instruc- the provisions of this Act or other provisions the Secretary of Defense shall commence tion at the university. of law, the provisions of title 5, United carrying out a pilot program to assess the (7) USE OF FUNDS.— States Code, shall be applicable to the De- feasability and advisability of permitting el- (A) IN GENERAL.—Amounts received by the partment of Defense.’’; igible private sector employees who work in National Intelligence University for instruc- (7) in section 205, by redesignating sub- organizations relevant to national security tion of students enrolled under the pilot pro- sections (b) and (c) as subsections (a) and (b), to receive instruction at the National Intel- gram shall be retained by the university to respectively; ligence University. defray the costs of such instruction. (8) in section 206, by striking ‘‘(a)’’; (B) DURATION.—The Secretary shall carry (B) RECORDS.—The source, and the disposi- (9) in section 207, by striking ‘‘(c)’’; out the pilot program during the 3-year pe- tion, of such funds shall be specifically iden- (10) in section 308(a), by striking ‘‘this riod beginning on the date of the commence- tified in records of the university. Act’’ and inserting ‘‘sections 2, 101, 102, 103, ment of the pilot program. (8) REPORTS.— and 303 of this Act’’; (C) EXISTING PROGRAM.—The Secretary (A) ANNUAL REPORTS.—Each academic year (11) by redesignating section 411 as section shall carry out the pilot program in a man- in which the pilot program is carried out, 312; ner that is consistent with section 2167 of the Secretary shall submit to the congres- (12) in section 503— title 10, United States Code. sional intelligence committees, the Com- (A) in paragraph (5) of subsection (c)— (D) NUMBER OF PARTICIPANTS.—No more mittee on Armed Services of the Senate, and (i) by moving the margins of such para- than the equivalent of 35 full-time student the Committee on Armed Services of the graph 2 ems to the left; and

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00171 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 S3802 CONGRESSIONAL RECORD — SENATE June 18, 2019 (ii) by moving the margins of subparagraph mittees any information or material con- tions for fiscal year 2020 for military (B) of such paragraph 2 ems to the left; and cerning intelligence activities * * * which is activities of the Department of De- (B) in paragraph (2) of subsection (d), by requested by either of the congressional in- fense, for military construction, and moving the margins of such paragraph 2 ems telligence committees in order to carry out for defense activities of the Depart- to the left; and its authorized responsibilities.’’. (13) in subparagraph (B) of paragraph (3) of (c) SENSE OF CONGRESS.—It is the sense of ment of Energy, to prescribe military subsection (a) of section 504, by moving the Congress that— personnel strengths for such fiscal margins of such subparagraph 2 ems to the (1) section 502 of the National Security Act year, and for other purposes; which was right. of 1947 (50 U.S.C. 3092), together with other ordered to lie on the table; as follows: SEC. 746. TECHNICAL AMENDMENTS RELATED TO intelligence community authorities, obli- At the end of subtitle H of title X, add the THE DEPARTMENT OF ENERGY. gates an element of the intelligence commu- following: (a) NATIONAL NUCLEAR SECURITY ADMINIS- nity to submit to the congressional intel- SEC. 1086. EXTENSION OF POSTAGE STAMP FOR TRATION ACT.—Section 3233(b) of the Na- ligence committees written notification, by BREAST CANCER RESEARCH. tional Nuclear Security Administration Act not later than 7 days after becoming aware, Section 414(h) of title 39, United States (50 U.S.C. 2423(b)) is amended— that an individual in the executive branch Code, is amended by striking ‘‘2019’’ and in- (1) by striking ‘‘Administration’’ and in- has disclosed covered classified information serting ‘‘2027’’. serting ‘‘Department’’; and to an official of an adversary foreign govern- (2) by inserting ‘‘Intelligence and’’ after ment using methods other than established SA 749. Mr. CRUZ submitted an ‘‘the Office of’’. intelligence channels; and amendment intended to be proposed by (b) ATOMIC ENERGY DEFENSE ACT.—Section (2) each such notification should include— 4524(b)(2) of the Atomic Energy Defense Act (A) the date and place of the disclosure of him to the bill S. 1790, to authorize ap- (50 U.S.C. 2674(b)(2)) is amended by inserting classified information covered by the notifi- propriations for fiscal year 2020 for ‘‘Intelligence and’’ after ‘‘The Director of’’. cation; military activities of the Department (c) NATIONAL SECURITY ACT OF 1947.—Para- (B) a description of such classified infor- of Defense, for military construction, graph (2) of section 106(b) of the National Se- mation; and for defense activities of the De- curity Act of 1947 (50 U.S.C. 3041(b)(2)) is (C) identification of the individual who partment of Energy, to prescribe mili- amended— made such disclosure and the individual to (1) in subparagraph (E), by inserting ‘‘and tary personnel strengths for such fiscal whom such disclosure was made; and year, and for other purposes; which was Counterintelligence’’ after ‘‘Office of Intel- (D) a summary of the circumstances of ligence’’; such disclosure. ordered to lie on the table; as follows: (2) by striking subparagraph (F); SEC. 748. SENSE OF CONGRESS ON CONSIDER- At the end of subtitle B of title XVI, add (3) by redesignating subparagraphs (G), (H), ATION OF ESPIONAGE ACTIVITIES the following: and (I) as subparagraphs (F), (G), and (H), re- WHEN CONSIDERING WHETHER OR SEC. lll. LEVERAGING COMMERCIAL SAT- spectively; and NOT TO PROVIDE VISAS TO FOREIGN ELLITE REMOTE SENSING. (4) in subparagraph (H), as so redesignated, INDIVIDUALS TO BE ACCREDITED (a) IN GENERAL.—In acquiring geospatial- by realigning the margin of such subpara- TO A UNITED NATIONS MISSION IN intelligence, the Secretary of Defense shall THE UNITED STATES. graph 2 ems to the left. leverage, to the maximum extent prac- It is the sense of the Congress that the SEC. 747. SENSE OF CONGRESS ON NOTIFICATION ticable, the capabilities of United States in- Secretary of State, in considering whether or OF CERTAIN DISCLOSURES OF CLAS- dustry, including through the use of com- not to provide a visa to a foreign individual SIFIED INFORMATION. mercial geospatial-intelligence services and to be accredited to a United Nations mission (a) DEFINITIONS.—In this section: acquisition of commercial satellite imagery. (1) ADVERSARY FOREIGN GOVERNMENT.—The in the United States, should consider— (b) OBTAINING FUTURE DATA.—The Sec- term ‘‘adversary foreign government’’ means (1) known and suspected intelligence ac- retary, as part of an analysis of alternatives the government of any of the following for- tivities, espionage activities, including ac- for the future acquisition of Department of eign countries: tivities constituting precursors to espionage, Defense space systems for geospatial-intel- (A) North Korea. carried out by the individual against the ligence, shall— (B) Iran. United States, foreign allies of the United (1) consider whether there is a suitable, (C) China. States, or foreign partners of the United cost-effective, commercial capability avail- (D) Russia. States; and able that can meet any or all of the Depart- (E) Cuba. (2) the status of an individual as a known ment’s requirements; (2) COVERED CLASSIFIED INFORMATION.—The or suspected intelligence officer for a foreign (2) if a suitable, cost-effective, commercial term ‘‘covered classified information’’ means adversary. capability is available as described in para- classified information that was— SEC. 749. SENSE OF CONGRESS ON WIKILEAKS. graph (1), determine whether it is in the na- (A) collected by an element of the intel- It is the sense of Congress that WikiLeaks tional interest to develop a governmental ligence community; or and the senior leadership of WikiLeaks re- space system; and (B) provided by the intelligence service or semble a nonstate hostile intelligence serv- (3) include, as part of the established ac- military of a foreign country to an element ice often abetted by state actors and should quisition reporting requirements to the ap- of the intelligence community. be treated as such a service by the United propriate committees of Congress, any deter- (3) ESTABLISHED INTELLIGENCE CHANNELS.— States. mination made under paragraphs (1) and (2). The term ‘‘established intelligence chan- (c) DEFINITION OF APPROPRIATE COMMITTEES nels’’ means methods to exchange intel- SA 747. Mr. VAN HOLLEN submitted OF CONGRESS.—In this section, the term ‘‘ap- ligence to coordinate foreign intelligence rean amendment intended to be proposed propriate committees of Congress’’ means— lationships, as established pursuant to law by him to the bill S. 1790, to authorize (1) Committee on Armed Services and the by the Director of National Intelligence, the appropriations for fiscal year 2020 for Select Committee on Intelligence of the Sen- Director of the Central Intelligence Agency, ate; and the Director of the National Security Agen- military activities of the Department of Defense, for military construction, (2) the Committee on Armed Services and cy, or other head of an element of the intel- the Permanent Select Committee on Intel- ligence community. and for defense activities of the De- ligence of the House of Representatives. (4) INDIVIDUAL IN THE EXECUTIVE BRANCH.— partment of Energy, to prescribe mili- The term ‘‘individual in the executive tary personnel strengths for such fiscal SA 750. Mr. MCCONNELL (for Mr. branch’’ means any officer or employee of year, and for other purposes; which was BOOKER (for himself and Mrs. BLACK- the executive branch, including individuals— ordered to lie on the table; as follows: (A) occupying a position specified in arti- BURN)) proposed an amendment to the cle II of the Constitution; At the end of subtitle A of title XXVIII, resolution S. Res. 235, designating June (B) appointed to a position by an indi- add the following: 12, 2019, as ‘‘Women Veterans Apprecia- vidual described in subparagraph (A); or SEC. 2806. INCREASE OF CAP FOR MINOR MILI- tion Day’’; as follows: TARY CONSTRUCTION PROJECTS (C) serving in the civil service or the Sen- In the ninth whereas clause of the pre- ior Executive Service (or similar service for FOR REVITALIZATION AND RECAPI- TALIZATION OF LABORATORIES. amble, in the matter preceding paragraph senior executives of particular departments Section 2805(d) of title 10, United States (1), strike ‘‘designing’’ and insert ‘‘desig- or agencies). Code, is amended by striking ‘‘$6,000,000’’ nating’’. (b) FINDINGS.—Congress finds that section 502 of the National Security Act of 1947 (50 each place it appears and inserting ‘‘$10,000,000’’. SA 751. Mr. PETERS submitted an U.S.C. 3092) requires elements of the intel- amendment intended to be proposed by ligence community to keep the congressional intelligence committees ‘‘fully and SA 748. Mrs. FEINSTEIN (for herself him to the bill S. 1790, to authorize ap- currently informed’’ about all ‘‘intelligence and Mr. ENZI) submitted an amend- propriations for fiscal year 2020 for activities’’ of the United States, and to ‘‘fur- ment intended to be proposed by her to military activities of the Department nish to the congressional intelligence com- the bill S. 1790, to authorize appropria- of Defense, for military construction,

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00172 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.090 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3803 and for defense activities of the De- (b) ELEMENTS.—The report required under (2) A description of current United States partment of Energy, to prescribe mili- subsection (a) shall include the following capabilities to install, maintain, and repair tary personnel strengths for such fiscal with respect to contracted ship maintenance submarine cables described in subsection (a), year, and for other purposes; which was included in the report: including Government capabilities and pri- (1) The name and hull number of the ship. vate-sector capabilities. ordered to lie on the table; as follows: (2) The date of contract award. (3) A description and assessment of any At the end of subtitle G of title V, add the (3) The period of performance for the con- gaps in the capabilities referred to in para- following: tract. graph (2). SEC. 589. INCLUSION ON THE VIETNAM VET- (4) The contract type. (4) A description and assessment of options ERANS MEMORIAL WALL OF THE (5) The amount of funding awarded for the to address the gaps referred to in paragraph NAMES OF THE SOLDIERS WHO DIED contract at the time of contract award. (3), including the establishment of a program ON FLYING TIGER FLIGHT 739 ON (6) The maximum contract funding for cable vessels modeled on the Maritime MARCH 16, 1962. amount. Security Program. (a) IN GENERAL.—Not later than one year (7) The projected and actual dates and (5) Such recommendations as the Secretary after the date of the enactment of this Act, amounts of contract funding obligations and of Transportation considers appropriate in the Secretary of Defense shall authorize the expenditures. light of the matters set forth in the report, inclusion on the Vietnam Veterans Memorial (8) The name and location of the con- including, if applicable, the appropriate sti- Wall in the District of Columbia of the tractor performing the maintenance. pend (per vessel) for a program for cable ves- names of the 93 soldiers who died on Flying (9) The scope of contracted work. sels modeled on the Maritime Security Pro- Tiger Flight 739 when it crashed in the Pa- (10) A description of the effect on such gram cific Ocean en route to Vietnam on March 16, maintenance activity of funds described in (c) FORM.—The report required by sub- 1962. subsection (a) remaining available after Sep- section (a) shall be submitted in unclassified (b) REQUIRED CONSULTATION.—The Sec- tember 30, 2020. retary of Defense shall consult with the Sec- form, but may include a classified annex. (11) A general assessment of and related retary of the Interior, the American Battle (d) DEFINITIONS.—In this section: recommendations with respect to private Monuments Commission, and other applica- (1) The term ‘‘appropriate committees of contracted ship maintenance funds remain- ble authorities with respect to any adjust- Congress’’ means— ing available for more than one year. ments to the nomenclature and placement of (A) the Committee on Commerce, Science, (12) Such other matters as the Secretary of names pursuant to subsection (a) to address and Transportation and the Committee on the Navy considers appropriate. any space limitations on the placement of Armed Services of the Senate; and (B) the Committee on Transportation and additional names on the Vietnam Veterans SA 754. Mr. WICKER submitted an Memorial Wall. Infrastructure and the Committee on Armed amendment intended to be proposed by Services of the House of Representatives. (c) NONAPPLICABILITY OF COMMEMORATIVE (2) The term ‘‘cable vessel’’ means any ves- WORKS ACT.—Chapter 89 of title 40, United him to the bill S. 1790, to authorize ap- States Code (commonly known as the ‘‘Com- propriations for fiscal year 2020 for sel as follows: memorative Works Act’’), shall not apply to military activities of the Department (A) A vessel that is classed as a cable ship any activities carried out under subsection of Defense, for military construction, or cable vessel by, and designed in accord- (a) or (b). and for defense activities of the De- ance with the rules of, the American Bureau of Shipping, or another classification society partment of Energy, to prescribe mili- accepted by the Secretary of Transportation. SA 752. Mr. BURR submitted an tary personnel strengths for such fiscal amendment intended to be proposed by (B) Any other vessel that is capable of in- year, and for other purposes; which was stalling, maintaining, and repairing sub- him to the bill S. 1790, to authorize ap- ordered to lie on the table; as follows: marine cables. propriations for fiscal year 2020 for At the end of subtitle H of title X, add the (3) The term ‘‘Maritime Security Pro- military activities of the Department following: gram’’ means the program in connection of Defense, for military construction, SEC. 1086. POWERS OF THE NATIONAL AERO- with the Maritime Security Fleet under and for defense activities of the De- NAUTICS AND SPACE ADMINISTRA- chapter 531 of title 46, United States Code. partment of Energy, to prescribe mili- TION IN PERFORMANCE OF FUNC- TIONS. f tary personnel strengths for such fiscal Section 20113(b)(1) of title 51, United States year, and for other purposes; which was Code, is amended— AUTHORITY FOR COMMITTEES TO ordered to lie on the table; as follows: (1) by striking ‘‘425’’ and inserting ‘‘1325’’; MEET In section 231(d)(2), after subparagraph (D), and Mr. MCCONNELL. Mr. President, I insert the following: (2) by striking ‘‘not in excess of the rate of (E) An assessment of risk when considering basic pay payable for level III of the Execu- have 8 requests for committees to meet foreign sources of foundational research of tive Schedule’’ and inserting ‘‘at a rate that during today’s session of the Senate. biotechnology for application by the Depart- does not exceed the per annum rate of salary They have the approval of the Majority ment. of the Vice President of the United States and Minority leaders. under section 104 of title 3’’. Pursuant to rule XXVI, paragraph SA 753. Mr. PERDUE submitted an Mr. WICKER submitted an 5(a), of the Standing Rules of the Sen- amendment intended to be proposed by SA 755. amendment intended to be proposed by ate, the following committees are au- him to the bill S. 1790, to authorize ap- him to the bill S. 1790, to authorize ap- thorized to meet during today’s session propriations for fiscal year 2020 for propriations for fiscal year 2020 for of the Senate: military activities of the Department military activities of the Department COMMITTEE ON BANKING, HOUSING, AND URBAN of Defense, for military construction, of Defense, for military construction, AFFAIRS and for defense activities of the De- and for defense activities of the De- The Committee on Banking, Housing, partment of Energy, to prescribe mili- partment of Energy, to prescribe mili- and Urban Affairs is authorized to tary personnel strengths for such fiscal tary personnel strengths for such fiscal meet during the session of the Senate year, and for other purposes; which was year, and for other purposes; which was on Tuesday, June 18, 2019, at 10:30 a.m., ordered to lie on the table; as follows: ordered to lie on the table; as follows: to conduct a hearing on the following At the end of subtitle D of title III, add the At the end of subtitle H of title X, add the nominations: Thomas Peter Feddo, of following: following: Virginia, to be Assistant Secretary of SEC. 342. REPORT ON AMOUNTS AVAILABLE FOR SEC. 1086. REPORT ON UNITED STATES CAPABILI- the Treasury for Investment Security, CONTRACTED SHIP MAINTENANCE. TIES TO INSTALL, MAINTAIN, AND Ian Paul Steff, of Indiana, to be Assist- (a) IN GENERAL.—If amounts authorized to REPAIR SUBMARINE CABLES. be appropriated for fiscal year 2020 for oper- (a) REPORT REQUIRED.—Not later than No- ant Secretary of Commerce and Direc- ation and maintenance for the Navy for pri- vember 1, 2019, the Secretary of Transpor- tor General of the United States and vate contracted ship maintenance either re- tation shall, in consultation of the Secretary Foreign Commercial Service, Michelle main available after September 30, 2020, or of Defense, submit to the appropriate com- Bowman, of Kansas, to be a Member of are appropriated in the Other Procurement, mittees of Congress a report on the capabili- the Board of Governors of the Federal Navy account, not later than November 1 of ties of the United States to install, main- Reserve System, Paul Shmotolokha, of each fiscal year in which either of those contain, and repair submarine cables, including Washington, to be First Vice President ditions exist, the Secretary of the Navy shall Government cables and commercial cables. submit to the congressional defense commit- (b) ELEMENTS.—The report required by sub- of the Export-Import Bank of the tees a report on contracted ship maintenance section (a) shall include the following: United States, and Allison Herren Lee, conducted by the Secretary during the im- (1) A description and assessment of the of Colorado, to be a Member of the Se- mediately preceding fiscal year. threats to submarine cables. curities and Exchange Commission.

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00173 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.083 S18JNPT1 S3804 CONGRESSIONAL RECORD — SENATE June 18, 2019 COMMITTEE ON ENERGY AND NATURAL time and passed, the preamble be (2) 18 percent of active duty personnel in RESOURCES agreed to, and the motions to recon- the Navy; The Committee on Energy and Nat- sider be considered made and laid upon (3) 14 percent of active duty personnel in ural Resources is authorized to meet the table. the Army; during the session of the Senate on (4) 8 percent of active duty personnel in the The PRESIDING OFFICER. Without Marine Corps; and Tuesday, June 18, 2019, at 9:30 a.m., to objection, it is so ordered. (5) nearly 15 percent of active duty per- conduct a hearing. The joint resolution (H.J. Res. 60) sonnel in the Coast Guard; COMMITTEE ON FINANCE was ordered to a third reading, was Whereas, as of May 2019, women constitute The Committee on Finance is author- read the third time, and passed. nearly 21 percent of personnel in the Na- ized to meet during the session of the f tional Guard and Reserves; Senate on Tuesday, June 18, 2019, at Whereas by 2020— WOMEN VETERANS APPRECIATION (1) the population of women veterans is ex- 10:15 a.m., to conduct a hearing. DAY pected to reach 2,000,000, which represents an COMMITTEE ON FOREIGN RELATIONS exponential increase from 1,100,000 in 1980; Mr. MCCONNELL. Madam President, The Committee on Foreign Relations and I ask unanimous consent that the Judi- is authorized to meet during the ses- (2) women veterans are expected to con- ciary Committee be discharged from sion of the Senate on Tuesday, June 18, stitute more than 10 percent of the total vet- further consideration of S. Res. 235 and 2019, at 2:30 p.m., to conduct a hearing. eran population; the Senate proceed to its immediate Whereas the United States is proud of and COMMITTEE ON HEALTH, EDUCATION, LABOR, consideration. appreciates the service of all women vet- AND PENSIONS The PRESIDING OFFICER. The erans who have demonstrated great skill, The Committee on Health, Edu- clerk will report the resolution by sacrifice, and commitment to defending the cation, Labor, and Pensions is author- principles upon which the United States was title. ized to meet during the session of the founded and which the United States con- The senior assistant legislative clerk tinues to uphold; Senate on Tuesday, June 18, 2019, 1t read as follows: 9:30 a.m., to conduct a hearing. Whereas women veterans have unique sto- A resolution (S. Res. 235) designating June ries and should be encouraged to share their SELECT COMMITTEE ON INTELLIGENCE 12, 2019, as ‘‘Women Veterans Appreciation recollections through the Veterans History The Select Committee on Intel- Day.’’ Project, which has worked since 2000 to col- ligence is authorized to meet during There being no objection, the com- lect and share the personal accounts of war- the session of the Senate on Tuesday, mittee was discharged, and the Senate time veterans in the United States; and Whereas, by designating June 12, 2019, as June 18, 2019, at 2:30 p.m., to conduct a proceeded to consider the resolution. closed hearing. ‘‘Women Veterans Appreciation Day’’, the Mr. MCCONNELL. Madam President, Senate can— SUBCOMMITTEE ON SECURITY I further ask that the resolution be (1) highlight the growing presence of The Subcommittee on Security of the agreed to; the Booker amendment to women in the Armed Forces and the Na- Committee on Commerce is authorized the preamble at the desk be agreed to; tional Guard; and to meet during the session of the Sen- the preamble, as amended, be agreed (2) pay respect to women veterans for their ate on Tuesday, June 18, 2019, at 2:30 to; and the motions to reconsider be dutiful military service: Now, therefore, be it p.m., to conduct a hearing. considered made and laid upon the Resolved, That the Senate designates June 12, 2019, as ‘‘Women Veterans Appreciation SUBCOMMITTEE ON THE CONSTITUTION table with no intervening action or de- Day’’ to recognize the service and sacrifices The Subcommittee on the Constitu- bate. of women veterans who have served valiantly tion of the Committee on the Judiciary The PRESIDING OFFICER. Without on behalf of the United States. objection, it is so ordered. is authorized to meet during the ses- f sion of the Senate on Tuesday, June 18, The resolution (S. Res. 235) was 2019, at a time to be determined, to agreed to. ORDERS FOR WEDNESDAY, JUNE conduct a hearing. The amendment (No. 750) was agreed 19, 2019 f to, as follows: Mr. MCCONNELL. Madam President, (Purpose: To amend the preamble) REQUESTING THE SECRETARY OF I ask unanimous consent that when the THE INTERIOR TO AUTHORIZE In the ninth whereas clause of the pre- Senate completes its business today, it amble, in the matter preceding paragraph UNIQUE AND ONE-TIME AR- adjourn until 9:30 a.m., Wednesday, (1), strike ‘‘designing’’ and insert ‘‘desig- June 19; further, that following the RANGEMENTS FOR DISPLAYS ON nating’’. THE NATIONAL MALL AND THE prayer and pledge, the morning hour be The preamble, as amended, was WASHINGTON MONUMENT DUR- deemed expired, the Journal of pro- agreed to. ING THE PERIOD BEGINNING ON ceedings be approved to date, the time The resolution with its preamble, as JULY 16, 2019 AND ENDING ON for the two leaders be reserved for their amended, reads as follows: JULY 20, 2019 use later in the day, morning business S. RES. 235 be closed, and the Senate proceed to Mr. MCCONNELL. Madam President, Whereas, throughout all periods of the his- executive session and resume consider- I ask unanimous consent that the Sen- tory of the United States, women have ation of the Kacsmaryk nomination ate proceed to the immediate consider- proudly served the United States to secure under the previous order. ation of H.J. Res. 60, which was re- and preserve freedom and liberty for— The PRESIDING OFFICER. Without ceived from the House. (1) the people of the United States; and objection, it is so ordered. The PRESIDING OFFICER. The (2) the allies of the United States; clerk will report the joint resolution Whereas women have formally been a part f by title. of the United States Armed Forces since the establishment of the Army Nurse Corps in ADJOURNMENT UNTIL 9:30 A.M. The senior assistant legislative clerk 1901, but have informally served since the in- TOMORROW read as follows: ception of the United States military; Mr. MCCONNELL. Madam President, A joint resolution (H.J. Res. 60) requesting Whereas women have served honorably and if there is no further business to come the Secretary of the Interior to authorize with valor, including— before the Senate, I ask unanimous unique and one-time arrangements for dis- (1) disguised as male soldiers during the plays on the National Mall and the Wash- American Revolution and the Civil War; consent that it stand adjourned under ington Monument during the period begin- (2) as nurses during World War I and World the previous order. ning on July 16, 2019 and ending on July 20, War II; and There being no objection, the Senate, 2019. (3) as combat helicopter pilots in Afghani- at 6:29 p.m., adjourned until Wednes- There being no objection, the Senate stan; day, June 18, 2019, at 9:30 a.m. proceeded to consider the joint resolu- Whereas, as of May 2019, women constitute approximately 15 percent of United States f tion. Armed Forces personnel on active duty, in- NOMINATIONS Mr. MCCONNELL. Madam President, cluding— I ask unanimous consent that the joint (1) nearly 19 percent of active duty per- Executive nominations received by resolution be considered read a third sonnel in the Air Force; the Senate:

VerDate Sep 11 2014 03:53 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00174 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.086 S18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — SENATE S3805

FINANCIAL OVERSIGHT AND MANAGEMENT MATTHEW CALABRO JAMES MICHAEL WEBER ANDREW J. CAMACHO MARK WILLIAM WRIGHT BOARD FOR PUERTO RICO JONATHAN J. CARTWRIGHT JOSEPH WYATT ANDREW GEORGE BIGGS, OF OREGON, TO BE A MEMBER ROBIN MICHELE CAVANAUGH MARIO JOHN ZOCCHI OF THE FINANCIAL OVERSIGHT AND MANAGEMENT ANDREW JOHN CHONTOS BRIAN DOUGLAS ZULLO BOARD FOR PUERTO RICO FOR THE REMAINDER OF THE KEVIN T. CLIFFORD PATRIC DAVID COGGIN TERM EXPIRING AUGUST 30, 2019. (NEW POSITION) IN THE ARMY ADAM COLOMBO JOSE BALDOMERO CARRION, OF PUERTO RICO, TO BE A RUBEN COLON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MEMBER OF THE FINANCIAL OVERSIGHT AND MANAGE- DERICK VONZELL COOPER TO THE GRADE INDICATED IN THE RESERVE OF THE MENT BOARD FOR PUERTO RICO FOR THE REMAINDER OF CHRISTIAN PATRICK CORNETTE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE TERM EXPIRING AUGUST 30, 2019. (NEW POSITION) TIMOTHY GUY CROWE CARLOS M. GARCIA, OF MASSACHUSETTS, TO BE A TROY C. CULLEN To be colonel MEMBER OF THE FINANCIAL OVERSIGHT AND MANAGE- TODD DAVID DESHLER MENT BOARD FOR PUERTO RICO FOR THE REMAINDER OF MICHAEL LEE DONAT LARRY D. CROWDER THE TERM EXPIRING AUGUST 30, 2019. (NEW POSITION) DREW E. DOUGHERTY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ARTHUR J. GONZALEZ, OF NEW YORK, TO BE A MEMBER DAVID S. EVERETT TO THE GRADE INDICATED IN THE UNITED STATES ARMY OF THE FINANCIAL OVERSIGHT AND MANAGEMENT DAVID C. FLYNN UNDER TITLE 10, U.S.C., SECTION 624: BOARD FOR PUERTO RICO FOR THE REMAINDER OF THE BRIAN KENNETH FONTAINE TERM EXPIRING AUGUST 30, 2019. (NEW POSITION) DENNIS ALBERT FOURNIER To be major JOSE R. GONZALEZ, OF NEW YORK, TO BE A MEMBER OF DOUGLAS E. FRANK THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD CLIFFORD ANTHONY FRANKLIN JASON B. BARIATTI FOR PUERTO RICO FOR THE REMAINDER OF THE TERM MICHAEL ADAM FREIMANN MICHAEL G. BRITT II EXPIRING AUGUST 30, 2019. (NEW POSITION) THOMAS ALLAN FUNK ALEXANDER R. EVERSOLL ANA MATOSANTOS, OF CALIFORNIA, TO BE A MEMBER THEODORE WILLIAM GEASLEY MARK A. PATTERSON OF THE FINANCIAL OVERSIGHT AND MANAGEMENT ROBERT COFFMAN GELLNER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BOARD FOR PUERTO RICO FOR THE REMAINDER OF THE LINDA M. GOODSON TO THE GRADE INDICATED IN THE UNITED STATES ARMY TERM EXPIRING AUGUST 30, 2019. (NEW POSITION) BYRON DAVID GREENE UNDER TITLE 10, U.S.C., SECTION 624: DAVID SKEEL, OF PENNSYLVANIA, TO BE A MEMBER OF LAURA LORRAINE HACKWORTH THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD KRISTIN KATHRYN HALEY To be lieutenant colonel FOR PUERTO RICO FOR THE REMAINDER OF THE TERM JACOB L. HAMMONS EXPIRING AUGUST 30, 2019. (NEW POSITION) STEVEN M. HEFFERON ROGER M. LEWIS COREY A. HERMESCH IN THE ARMY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JASON A. HOLBROOK TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SCOTT P. HOYLE UNDER TITLE 10, U.S.C. SECTION 624: IN THE UNITED STATES ARMY TO THE GRADE INDICATED ROBERT A. HUELSMAN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RICHARD D. HUNT To be major RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ANDREW B. HYATT ANDREW P. JACOB THELMA D. CUMMINGS To be lieutenant general AUDREY S. KAWANISHI KYUNGKUN LEE KENT A. KAZMAIER LT. GEN. BRYAN P. FENTON MICHAEL PATRICK KENNEY IN THE NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY WILSON KERNEKLIAN IN THE UNITED STATES ARMY TO THE GRADE INDICATED RUSSELL WADE KOHL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CAROL JEAN KOHTZ TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MICHAEL DAVID KOMOROUS UNDER TITLE 10, U.S.C., SECTION 624: STACY FRANCIS KOOISTRA To be lieutenant general KALLIE D. KUEHL To be commander DAVID R. LANDS MAJ. GEN. RONALD J. PLACE CHRISTOPHER M. JOHNSON LYNN MARY LEE THE FOLLOWING NAMED ARMY NATIONAL GUARD OF CHRISTINA M. LOCK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE UNITED STATES OFFICER FOR APPOINTMENT IN NICHOLAS JOSEPH LOTITO II TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE RESERVE OF THE ARMY TO THE GRADE INDICATED DAVID RICHARD MAGNUSON UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ANDREW J. MALOUSEK To be brigadier general LARRY D. MARA To be commander TIMOTHY THOMAS MARTIN BENNY P. VOLKMANN COL. ROBERT T. WOOLDRIDGE II BERRY L. MCCORMICK TERESA L. MCDONOUGH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE MARINE CORPS ERIC CHARLES MCKISSICK TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RICHARD FRANCIS MCMULLEN AS COMMANDER, MARINE FORCES RESERVE, AND AP- ADRIAN DENNIS MEYER POINTMENT TO THE GRADE INDICATED IN THE UNITED PETER G. MICHAELSON To be commander TODD DONALD MILLER STATES MARINE CORPS RESERVE WHILE ASSIGNED TO A ERIC A. POLONSKY POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER WILLIAM D. MILLER TITLE 10, U.S.C., SECTIONS 601 AND 8084: JEDD MESSAHEL MILOUD JOSEPH MICHAEL MONASTRA IN THE MARINE CORPS To be lieutenant general SCOTT A. MORRIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JONATHAN DAVID MUMME MAJ. GEN. DAVID G. BELLON TO THE GRADE INDICATED IN THE UNITED STATES MA- CHRISTINE ELIZABETH MUNCH RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: IN THE AIR FORCE JOHN EDWARD MURPHY ROBERT S. NOREN To be lieutenant colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICK OBRIEN TO THE GRADE INDICATED IN THE UNITED STATES AIR SCOTT E. OLECH TIMOTHY K. GALLAGHER, JR. FORCE UNDER TITLE 10, U.S.C., SECTION 624: ROBERT STEVEN PELLEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant colonel JOSEPH P. PIAZZA TO THE GRADE INDICATED IN THE UNITED STATES MA- BRENT JON POST RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: ROBERT K. RANKIN, JR. ILEANA RAMIREZ–PEREZ JARROD ROSS RAMSEY To be lieutenant colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEVEN HOWARD RATHMELL TO THE GRADE INDICATED IN THE UNITED STATES AIR ERIC M. RAWLINGS KYLE A. UGONE FORCE UNDER TITLE 10, U.S.C., SECTION 624: TIMOTHY JOSEPH REYNOLDS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel TIMOTHY BENJAMIN REZAC TO THE GRADE INDICATED IN THE UNITED STATES MA- STEVEN BERT RICE RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JUDY A. RATTAN BRYAN LESTER RICKS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRUCE ALLAN ROGERS To be lieutenant colonel TO THE GRADE INDICATED IN THE UNITED STATES AIR ADAM EMERSON ROGGE FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH FRANCIS ROOS SEAN M. WILLIAMS JEFFREY A. ROSENBLATT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant colonel JAMES MARCELLO ROSSI TO THE GRADE INDICATED IN THE UNITED STATES MA- MARK A. RUEHTER RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: ROBERT B. GOSS JOSEPH HECTOR RUIZ THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRADLEY DAVID RUTTMAN To be major TO THE GRADE INDICATED IN THE UNITED STATES AIR JEREMY L. SCHAAD FORCE UNDER TITLE 10, U.S.C., SECTION 624: TAD J. SCHAUER JEFFERY G. PIOSZAK To be lieutenant colonel CHRISTOPHER T. SCHNEIDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FRANCIS T. G. SHEN TO THE GRADE INDICATED IN THE UNITED STATES MA- GAYLAN A. GRAY JOHN H. SINGLETON, JR. RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JORDAN H. LINDEKE SANDY MICHELL SMITH SCOTT W. SMITH To be lieutenant colonel THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE JEANINE A. SOMMERVILLE UNITED STATES OFFICERS FOR APPOINTMENT TO THE STEVEN JOHN SOTO CHRISTOPHER D. MCLIN GRADE INDICATED IN THE RESERVE OF THE AIR FORCE ROBERT L. SOUTHERLAND UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: TODD H. STANDIFER To be colonel DONNA M. STEWART f SARA ANN STIGLER HANS ERIC ANKER SETH D. STORMS WENDY SUZANNE ARMIJO HOWARD L. SULS CONFIRMATION NATHAN PAUL AYSTA DANIEL SUSICH ELIZABETH A. BAKER JAMES M. SWANIK GREGORY E. BARASCH ROBERT EDWARD SWERTFAGER Executive nomination confirmed by MICHAEL D. BELARDO JEFFERSON ALAN TAYLOR the Senate June 18, 2019: BRIAN A. BERGREN KRISTIAN S. THIELE JONATHAN LEE BINGHAM DEANE EDWARD THOMEY MILLENNIUM CHALLENGE CORPORATION BRIAN R. BODENMAN KURT DAVID TONGREN TERRY JOHN BRENNAN ANDREW T. WAHL SEAN CAIRNCROSS, OF MINNESOTA, TO BE CHIEF EXEC- TYLER D. BUCKLEY JON M. WAHLGREN UTIVE OFFICER, MILLENNIUM CHALLENGE CORPORA- THOMAS EDWARD BURKE TRAVIS D. WALTERS TION.

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ANNUAL OBSERVANCE OF tening to the radio. The work that Elvis Duran rez, who has dedicated six years to the JUNETEENTH does every day to make that commute just a NABTU and millions of working men and little less grueling deserves recognition all by women across America. HON. KATIE HILL itself. But Elvis is so much more than a New Sonia Ramirez is native of California’s 26th OF CALIFORNIA York City radio legend. Whether he is contrib- Congressional District and a graduate of Occi- IN THE HOUSE OF REPRESENTATIVES uting to the Robin Hood Foundation which dental University in Los Angeles. fights poverty in New York City, supporting the From 1995 to 1996, Sonia participated in Tuesday, June 18, 2019 LGBTQ community through his work with the Congressional Hispanic Caucus Institu- Ms. HILL of California. Madam Speaker, I GLAAD and The Trevor Project, or generously tion’s graduate program and worked for the rise today to recognize the WOW Flower supporting local Staten Island causes with his Democratic National Committee (DNC) in the Project participating in the annual observance fiance´, Alex, Mr. Duran has continually shown Office of Latino Outreach in Washington, D.C. of Juneteenth. a commitment to helping those in need. Afterward, she served on the DNC’s Board of Whereas the staff and volunteers of WOW Our borough is known for its sense of com- Directors. Flower Project have agreed to devote their munity and through it, the people who make it Sonia began serving working families di- time, resources and energy to this united effort one of the best places to raise a family. It is rectly as a legislative representative for the to bring attention to this important day of cele- that commitment to community and supporting American Federation of Labor and Congress bration. our borough in ways, both big and small, that of Industrial Organizations (AFL–CIO). In this Whereas Juneteenth is an annual observ- Alex has exemplified. When there is someone position, Sonia fought passionately for eco- ance on June 19th to remember when Union struggling—whether a close friend or strang- nomic and social justice. soldiers enforced the Emancipation Proclama- er—there’s a good chance Alex will be there In 2012, Sonia was named the Director of tion and freed all remaining enslaved people to help in some capacity. It’s who he is, and Government Affairs of NABTU after serving as in Texas on June 19, 1865. This day is an op- Staten Island has been made better because Deputy Director for two years prior. In this po- portunity for people to celebrate freedom and of his efforts. sition, Sonia Ramirez advocated for more jobs equal rights in the United States. And so it should be no surprise that when and better working conditions for her fellow Whereas WOW Flower Project will hold a Staten Island’s own LGBTQ community need- Americans day in and day out. public Juneteenth Celebration with the goals ed help with a fundraiser, Elvis and his fiance´ Now, Sonia will be moving on to serve as of bringing our neighbors together to remem- Alex went above and beyond to help out. They the Wage and Hour Division Administrator for ber the millions of African Americans who suf- offered to do a dollar for dollar match of dona- Oregon’s Bureau of Labor and Industries. She fered the evils of slavery and celebrate the tions to the Staten Island Pride Center, raised will be the first woman and person of color to community’s commitment to working toward a awareness of the Pride Center’s work on so- hold this esteemed position, and it is no sur- more fair and just society. Together, we honor cial media, and helped raise over $25,000. prise to those of us that know Sonia that she the unbreakable spirit and countless contribu- Their philanthropic efforts have impacted will be breaking barriers. tions of generations of African Americans to many lives, but there is nothing more powerful Madam Speaker, I ask you to join me in the story of American greatness. than individuals with large platforms sharing celebrating Sonia Ramirez’s exceptional ca- Whereas WOW Flower Project leads us their stories and helping others feel accepted. reer, as well as her dedication to the national today and every day in recommitting ourselves Elvis and Alex have opened their lives to Stat- labor movement. On behalf of my union broth- to defending the self-evident truth, boldly de- en Island, the City, and the country whether ers and sisters across the country, I recognize clared by our Founding Fathers, that all peo- it’s through the Morning Show, the Staten Is- the tremendous work accomplished by Sonia ple are created equal. land Zoo, or just the extraordinary acts of Ramirez. On this day, we rise to declare June 19th, kindness they have demonstrated time and National Juneteenth Awareness Day. Dating f time again. back to 1865, Juneteenth is the oldest known Staten Island is a place where we look out RECOGNIZING MONTANA YOUTH celebration commemorating the ending of for each other and where we never hesitate to CHALLENGE ACADEMY OF DILLON slavery in the United States. We are fortunate help those in need. Few people embody that to have passionate, forward-thinking, dedi- more than Elvis Duran and Alex Carr. For that cated organizations like the WOW Flower HON. GREG GIANFORTE reason, the Pride Center of Staten Island will Project who work tirelessly to enact change OF MONTANA be honoring Alex and Elvis at its celebration and educate our community. IN THE HOUSE OF REPRESENTATIVES commemorating the 50th Anniversary of the Therefore, let it be proclaimed the Antelope Tuesday, June 18, 2019 Stonewall Riots on June 21, 2019. Valley declares that every 19th of June is the Madam Speaker, today I ask my colleagues Mr. GIANFORTE. Madam Speaker, I rise official Remembrance of Juneteenth. in the House to join me in recognizing Alex as today to honor the staff, instructors, and men- f everything a Staten Islander ought to be, Elvis tors of the Montana Youth ChalleNGe Acad- TRIBUTE FOR ELVIS DURAN AND Duran as an honorary Staten Islander and in emy in Dillon for helping thousands of at-risk ALEX CARR thanking them for their many years of selfless youth turn around their lives toward a more and compassionate service to Staten Island, promising, productive future. HON. MAX ROSE and to all of New York City. Celebrating its 20th year, the Montana Youth ChalleNGe Academy (MYCA) provides OF NEW YORK f young Montanans from 16 to 18 the oppor- IN THE HOUSE OF REPRESENTATIVES SONIA RAMIREZ tunity to develop academically and hone work- Tuesday, June 18, 2019 force and social skills in a secure, structured Mr. ROSE of New York. Madam Speaker, I HON. DONALD NORCROSS setting. rise today to ask all of my colleagues to join OF NEW JERSEY The 22-week program, sponsored by the me in honoring two outstanding individuals IN THE HOUSE OF REPRESENTATIVES Montana National Guard and the State of who share an unquestionable commitment to Montana, focuses on academics, responsi- improving the lives of Staten Islanders and to Tuesday, June 18, 2019 bility, service, leadership, and health. Nearly supporting our borough’s LGBTQ commu- Mr. NORCROSS. Madam Speaker, I rise 3,000 students have graduated from MYCA nity—Z100’s Elvis Duran, and his fiance´, the today as a member of the International Broth- since 1999, with volunteer mentors supporting Staten Island Zoo’s own Alex Carr. erhood of Electric Workers (IBEW), a member and guiding them following graduation. If there’s one thing Staten Islanders know all organization of the North American Building Every cadet in the academy has a story of too well, it’s sitting in traffic in the morning lis- Trades Union (NABTU), to honor Sonia Rami- personal struggle and perseverance. Many

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

VerDate Sep 11 2014 06:36 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K18JN8.001 E18JNPT1 E782 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2019 have faced circumstances that put them at risk RECOGNIZING LUDINGTON from functional to sculptural to abstract, and of not completing high school. One such cadet PUMPED STORAGE CONTRIBU- the paintings and sculptures by Texas artists is 17-year-old Crystal Whitedirt. TIONS TO WEST MICHIGAN are hallmark examples of movements such as surrealism, American regionalism, minimalism, Placed in foster care as a child, Crystal HON. BILL HUIZENGA and impressionism. struggled with learning disabilities. As a high Texas has a rich, multicultural history that is school junior, she was informed she was un- OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES well-represented through this collection. I am likely to meet graduation requirements. Crystal incredibly honored to have these pieces from decided to enter MYCA. Tuesday, June 18, 2019 Texas’ 11th District on display in the Ambas- Though her first attempt at graduating Mr. HUIZENGA. Madam Speaker, today I sador’s home where they will be viewed and MYCA was unsuccessful, she reentered the rise to recognize the Ludington Pumped Stor- appreciated by individuals from across the academy eleven months later. Through perse- age plant in Mason County for 46 years of world. It is a historic feat for art from an Amer- verance and the assistance provided by service. Owned by Consumers Energy and ican museum to be displayed in a foreign dip- MYCA, Crystal graduated MYCA on June 15 DTE Energy, Ludington Pumped Storage re- lomatic residence, and I am proud to have as part of the academy’s 40th graduating cently had its construction and operating li- San Angelo and Texan artists represented on class. cense period extended for 50 years. the world stage in this way. Beginning operations on the shores of Lake The artists from Texas who will have their ‘‘People always told me it would be tough, Michigan in 1973, Ludington Pumped Storage art displayed are: Randy Brodnax, Vorakit but to push through and do things because is affectionately known as ‘‘the big battery.’’ Chinookoswong, Fidencio Duran, Altha Leona you’ll have your family right beside you,’’ Crys- This engineering marvel is a critical part of Edge, Juan Granados, W. Frederick Jarvis, tal said. ‘‘I never knew what they meant. I Michigan’s energy infrastructure, ensuring our Chapman Kelley, Lebeth Lammers, Ben Liv- never had that, but now I do. I never thought residents can access safe, affordable, and reli- ingston, Otis Lumpkin, Patricia Nix, and one of my family would be so big.’’ able energy. It also serves as an innovative San Angelo’s very own world-renowned artist, ´ Crystal plans on joining the Job Corps pro- example of what can be done to harness en- Rene Alvarado, who also assisted with the transport and install of the art. gram. She hopes to someday enter the mili- ergy in my home state. Here’s how the facility operates: When elec- I would like to recognize Ambassador tary and become a role model for her commu- tricity is cheaper at night, the plant pumps Stavros Lambrinidis, the European Ambas- nity. water from Lake Michigan up a bluff to the sador to the United States, for his generosity Madam Speaker, for twenty years of helping plant’s 27 billion-gallon reservoir, creating an in displaying these works and opening his Montana’s at-risk youth develop the skills and on-demand power source. When demand dic- home to Texas art and culture. Additionally, I abilities they need to overcome challenges tates, the gates are simply opened, enabling want to thank his wife, Mrs. Phoebe and turn their lives around, I recognize the water to rush downhill and turn the plant’s Kapouano, for her efforts in personally select- staff, instructors, and mentors of the Montana powerful turbines to generate electricity. ing the works to be displayed. This exhibition Youth ChalleNGe Academy for their spirit of Ludington Pumped Storage has the ability to is a testament to the benevolence of Ambas- Montana. produce 1,872 megawatts of electricity, which sador Lambrinidis, the excellent leadership of is enough energy to provide power to 1.4 mil- the museum, and the commitment of the San f lion Michigan residents. Angelo community to strive for excellence. With the Federal Energy Regulatory Com- f mission recently approving a 50-year exten- RECOGNIZING THE LIFE OF AGNES COMMEMORATING THE FIFTIETH ZAIONTZ sion of the plant’s construction and operating license, this important source of energy will ANNIVERSARY OF 171 CEDAR continue to support Michigan residents until ARTS CENTER HON. TRENT KELLY June 30, 2069. ‘‘The Big Battery’s’’ nearly half-century of HON. TOM REED OF MISSISSIPPI service is a testament to the dedication of the OF NEW YORK IN THE HOUSE OF REPRESENTATIVES men and women who helped build it as well IN THE HOUSE OF REPRESENTATIVES as to those who have kept watch over the Tuesday, June 18, 2019 Tuesday, June 18, 2019 years. As our nation confronts energy challenges going forward, I hope we remember Mr. REED. Madam Speaker, I rise today to Mr. KELLY of Mississippi. Madam Speaker, Ludington Pumped Storage and the example it commemorate the fiftieth anniversary of 171 I rise today to celebrate the life of Agnes has provided in supporting Michigan’s energy Cedar Arts Center in Corning, New York. Zaiontz, who passed away on Wednesday, needs. 171 Cedar Arts Center is an Associate Insti- May 29th at the age of 77. Congratulations to the team at Ludington tutional Member of the National Guild of Com- Agnes, a resident of Columbus, Mississippi, Pumped Storage on this great achievement. I munity Schools of the Arts. As a non-profit was a long-time employee at the Tennessee look forward to a new chapter for this modern multi-arts community center, they present per- Tombigbee Waterway Authority, serving as of- marvel in service to the people of Michigan. formances in dance and music as well as exhibitions of fine arts and crafts in the commu- fice manager. During her time with the Tenn- f nity. The Center offers educational programs Tom Waterway, she assisted with the creation HONORING THE PARTNERSHIP BE- for people of all ages and skill levels, proof a traveling Smithsonian exhibit at the Tenn- TWEEN THE SAN ANGELO MU- viding the community opportunities to share in Tom Waterway Museum. The Waterway dedi- SEUM OF FINE ARTS AND THE the joy of the arts. cated the exhibit to her naming it ‘‘The Agnes EUROPEAN UNION AMBASSADOR 171 Cedar Arts Center gets its name from Zaiontz Tennessee-Tombigbee Waterway 171 Cedar Street in Corning, New York, the Transportation Museum.’’ When she was not HON. K. MICHAEL CONAWAY address of the old Knights of Columbus house at the office, Agnes was an active member of OF TEXAS where the Center was founded. Community Annunciation Catholic Church. IN THE HOUSE OF REPRESENTATIVES members consisting of arts advocates, artists, and business entrepreneurs came together to Left to cherish her memory is her husband, Tuesday, June 18, 2019 Francis Zaiontz of Columbus, MS; her sons— form an organization to provide a place for art- Bobby Zaiontz and Frank Zaiontz, Jr.; her Mr. CONAWAY. Madam Speaker, I rise ists and community members to come to- daughter—Cindy DeFelice of Olive Branch, today to recognize the unveiling of over thirty gether, fostering artistic growth. From this MS; grandchildren—Patricia DeFelice, Emily pieces of art from the San Angelo Museum of foundation the Center has grown into the DeFelice and Maddie Zaiontz; as well as her Fine Arts in the European Union Ambas- award-winning cultural hub that it is today. sador’s Residence in Washington, D.C. on While 171 Cedar Arts Center is a staple of sisters—Margie Walker, and Darcus Good- June 20, 2019. the Corning area and community, it also holds man. These works date back to the 1920’s and a special place in my heart. My daughter, Au- Agnes’s life was one of service, grace, love represent a variety of creative approaches and tumn, took dance lessons at 171 Cedar Arts for her family, and community. She will be artistic styles. The ceramic pieces, by re- Center from the time she was four years old greatly missed by all who she encountered. nowned artists from all over the world, range until she graduated from high school. Her time

VerDate Sep 11 2014 06:36 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K18JN8.004 E18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E783 spent learning ballet, tap, and modern dance on its 75th Annual Department of Illinois Con- In March of this year, Business First award- with her exquisite instructors, Miss Melanie, vention. Congratulations for serving the United ed Mr. Ganley with the Excellence in Beth Landin, and Patty Ozer, gave her lifelong States Marine Corps in Illinois for 75 years. Healthcare Award for his visionary leadership memories with immeasurable value. For that I The Marine Corps League was founded by of lvoclar Vivadent and his steadfast commit- am truly grateful. At a young age my son, Will, Major General John A. LeJeune and has ever ment to providing underserved populations along with my wife, Jean, participated in music since been committed to upholding the ideals with access to oral healthcare. This April, Mr. classes. Both Autumn and Will learned valu- of the United States Marine Corps. Through- Ganley also received the Lifetime Achieve- able lessons and seeds were planted which out the years, the League has provided a ment Evy Award from the American Academy have now bloomed and witnessed by their place for Marines to come together in the of Cosmetic Dentistry. daily appreciation for the arts. common bond they shared in service to our Madam Speaker, I thank you for allowing Fifty years of cultivating the arts in our com- nation. The League also has the ability to me a few moments to recognize Robert A. munity is certainly a cause for celebration. I bring together Marines who are currently serv- Ganley, a leader in the healthcare industry congratulate 171 Cedar Arts Center on this ing with those who have been honorably dis- who has devoted his entire career to contrib- impressive milestone and look forward to their charged, making the group span across gen- uting to the growth and development of the continued success in the years to come. erations of leadership in the Marine Corps. It Buffalo-Niagara region. Given the above, I ask that this Legislative is my hope that this convention allows this Body pause in its deliberations and join me to group to celebrate the goals of the Marine f celebrate the fiftieth anniversary of 171 Cedar Corps League and all they have accomplished Arts Center in Corning, New York. in service to our nation. RECOGNIZING THE SAN ANGELO f It is because of dedicated community orga- MUSEUM OF FINE ARTS EXHIBIT HONORING JOHN SHACKFORD nizations such as the Illinois Marine Corps AT THE EUROPEAN UNION AM- League that I am especially proud to serve Illi- BASSADOR’S RESIDENCE IN HON. MIKE THOMPSON nois’ 17th Congressional District. Madam WASHINGTON, D.C. Speaker, I would like to again formally con- OF CALIFORNIA gratulate the Illinois Marine Corps League on IN THE HOUSE OF REPRESENTATIVES its 75th Annual Department of Illinois Conven- HON. K. MICHAEL CONAWAY Tuesday, June 18, 2019 tion. OF TEXAS Mr. THOMPSON of California. Madam f IN THE HOUSE OF REPRESENTATIVES Speaker, I rise today to recognize Mr. John Shackford for his contribution to our Napa Val- HONORING THE LIFE AND CAREER Tuesday, June 18, 2019 ley community as a local business owner and OF ROBERT A. GANLEY Mr. CONAWAY. Madam Speaker, I rise dedicated community member. today to recognize the unveiling of over thirty Mr. Shackford was born in Los Angeles, HON. BRIAN HIGGINS pieces of art from the San Angelo Museum of California, and received a Bachelor of Arts in OF NEW YORK Fine Arts in the European Union Ambas- Political Science from Whittier College. He IN THE HOUSE OF REPRESENTATIVES sador’s Residence in Washington, D.C. on served in the Air Force from 1951 to 1958 as Tuesday, June 18, 2019 June 20, 2019. a distinguished fighter pilot and is a Korean These works date back to the 1920’s and Mr. HIGGINS of New York. Madam Speak- War veteran. Mr. Shackford married the late represent a variety of creative approaches and er, I rise today to honor the career and ac- Ms. Donna Shackford and in 1960 they moved artistic styles. The ceramic pieces, by re- to Napa County. complishments of Robert A. Ganley, a local nowned artists from all over the world, range For forty-three years, Mr. Shackford owned leader in the private sector who has played an from functional to sculptural to abstract, and Shackford’s Kitchen Store, the beloved cul- influential role in the revitalization of the Buf- the paintings and sculptures by Texas artists inary store located in downtown Napa. The falo-Niagara region, upon the occasion of his are hallmark examples of movements such as store employed countless people from our retirement. surrealism, American regionalism, minimalism, community and served local businesses, home For nearly 30 years, Robert Ganley has and impressionism. chefs, and culinary students. Prior to estab- served as the President of lvoclar Vivadent, a lishing Shackford’s Kitchen Store, Mr. Buffalo-Niagara based dental technology busi- Texas has a rich, multicultural history that is Shackford was the owner and chief head pilot ness with global reach. The company is a well-represented through this collection. I am at the Nut Tree in Vacaville from 1967 to wholly owned subsidiary of lvoclar Vivadent incredibly honored to have these pieces from 1974. AG, a Liechtenstein based company with sub- Texas’ 11th District on display in the Ambas- Mr. Shackford has been active in our com- sidiaries in 25 countries, and employs about sador’s home where they will be viewed and munity through the programs he and Ms. 3,500 people worldwide. appreciated by individuals from across the Shackford sponsored over the last thirty years. Under the excellent leadership of Mr. world. It is a historic feat for art from an Amer- He sponsored Babe Ruth baseball teams, girls Ganley, the company has had an immense ican museum to be displayed in a foreign dip- softball teams, Slow Pitch teams, 4-H, and economic impact on Western New York, grow- lomatic residence, and I am proud to have Derby cars for kids. Mr. Shackford is a family ing from roughly 20 employees in 1990 to San Angelo and Texan artists represented on oriented man and he has shown with his gen- about 230 today. Mr. Ganley has also over- the world stage in this way. erosity and involvement that he considers seen tremendous growth in the company’s I would like to specifically recognize the art- Napa to be part of his family. sales, transforming it from a struggling com- ists from Texas who will have their work dis- Madam Speaker, John Shackford is an im- pany in the 1980s into a successful business played: Randy Brodnax, Vorakit portant member of our Napa County commu- with over 300 million dollars in sales today. Chinookoswong, Fidencio Duran, Altha Leona nity. He is a kind and giving person who has During his tenure at lvoclar Vivadent, Mr. Edge, Juan Granados, W. Frederick Jarvis, served the people of Napa for over forty-three Ganley has sponsored numerous special ini- Chapman Kelley, Lebeth Lammers, Ben Liv- years. It is therefore fitting and proper that we tiatives to promote community outreach and ingston, Otis Lumpkin, Patricia Nix, and one of honor him here today. mission, including Give Kids a Smile Day and San Angelo’s very own world-renowned artist, f the Wisdom Tooth Project. His main priority as Rene´ Alvarado, who also assisted with the transport and install of the art. CONGRATULATING THE ILLINOIS the company’s president has always been giv- MARINE CORPS LEAGUE ON ITS ing back to the community and providing es- This exhibition is a testament to the excel- SERVICE TO THE MARINE CORPS sential services to patients in need in Western lent leadership of the museum, and the com- FOR 75 YEARS New York and around the world. mitment of the community to strive for excel- Over the course of his career, Mr. Ganley lence. I would like to thank the Director of the has received numerous awards for his out- San Angelo Museum of Fine Arts, Howard HON. CHERI BUSTOS standing leadership and expertise in the field Taylor, as well as the Museum’s board and OF ILLINOIS of dental technology. In 2013, he was inducted staff members. I also want to recognize the IN THE HOUSE OF REPRESENTATIVES as an Honorary Fellow into the International European Ambassador to the United States, Tuesday, June 18, 2019 College of Dentists, and he received the Vi- for his generosity in displaying these works Mrs. BUSTOS. Madam Speaker, I rise today sionary Award from the American College of and opening his home to Texas art and cul- to recognize the Illinois Marine Corps League Prosthodontics in 2018. ture.

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PERSONAL EXPLANATION by Rep. GWEN MOORE): ‘‘yes’’; Roll Call Vote H.R. 2740 offered by Rep. KATIE PORTER): Number 279 (Passing H. AMDT. 295 to H.R. ‘‘yes’’; Roll Call Vote Number 312 (Passing H. HON. ERIC SWALWELL 2740 offered by Rep. GWEN MOORE): ‘‘yes’’; AMDT. 329 to H.R. 2740 offered by Rep. OF CALIFORNIA Roll Call Vote Number 280 (Passing H. KATIE PORTER): ‘‘yes’’; Roll Call Vote Number IN THE HOUSE OF REPRESENTATIVES AMDT. 297 to H.R. 2740 offered by Rep. 313 (Passing H. AMDT. 330 to H.R. 2740 of- Tuesday, June 18, 2019 DORIS MATSUI): ‘‘yes’’; Roll Call Vote Number fered by Rep. KATIE PORTER): ‘‘yes’’; Roll Call 281 (Passing H. AMDT. 298 to H.R. 2740 of- Vote Number 314 (Passing H. AMDT. 331 to Mr. SWALWELL of California. Madam fered by Rep. ANDY BARR): ‘‘yes’’; Roll Call H.R. 2740 offered by Rep. DEBBIE Speaker, I missed votes on Wednesday, June Vote Number 282 (Passing H. AMDT. 299 to MURCARSEL-POWELL): ‘‘yes’’; Roll Call Vote 12 and Thursday, June 13. Had I been H.R. 2740 offered by Rep. EMMANUEL Number 315 (Passing H. AMDT. 332 to H.R. present, I would have voted as follows: Roll CLEAVER): ‘‘yes’’; Roll Call Vote Number 283 2740 offered by Rep. ANDY LEVIN): ‘‘yes’’; Roll Call Vote Number 249 (Motion to Adjourn): (Passing H. AMDT. 300 to H.R. 2740 offered Call Vote Number 316 (Passing H. AMDT. 333 ‘‘no’’; Roll Call Vote Number 250 (Motion to by Rep. KATHY CASTOR): ‘‘yes’’; Roll Call Vote to H.R. 2740 offered by Rep. AYANNA Adjourn): ‘‘no’’; Roll Call Vote Number 251 Number 284 (Passing H. AMDT. 301 to H.R. PRESSLEY): ‘‘yes’’; Roll Call Vote Number 317 (Passing H. AMDT. 268 to H.R. 2740 offered 2740 offered by Rep. FRENCH HILL): ‘‘no.’’; Roll (Passing H. AMDT. 334 to H.R. 2740 offered IM C OVERN by Rep. J M G ): ‘‘yes’’; Roll Call Vote Call Vote Number 285 (Passing H. AMDT. 302 by Rep. ABIGAIL SPANBERGER): ‘‘yes’’; Roll Call Number 252 (Passing H. AMDT. 270 to H.R. to H.R. 2740 offered by Rep. FRENCH HILL): Vote Number 318 (Passing H. AMDT. 335 to ONNA HALALA 2740 offered by Rep. D S ): ‘‘yes’’; ‘‘yes’’; Roll Call Vote Number 286 (Passing H. H.R. 2740 offered by Rep. ANTONIO DELGADO): Roll Call Vote Number 253 (Passing H. AMDT. 303 to H.R. 2740 offered by Rep. ‘‘yes’’; Roll Call Vote Number 319 (Passing H. AMDT. 271 to H.R. 2740 offered by Rep. AYANNA PRESSLEY): ‘‘yes’’; Roll Call Vote AMDT. 336 to H.R. 2740 offered by Rep. ARK E AULNIER M D S ): ‘‘yes’’; Roll Call Vote Number 287 (Passing H. AMDT. 304 to H.R. JASON CROW): ‘‘yes’’; Roll Call Vote Number Number 254 (Passing H. AMDT. 272 to H.R. 2740 offered by Rep. RO KHANNA): ‘‘yes’’; Roll 320 (Passing H. AMDT. 337 to H.R. 2740 of- ARK E AULNIER 2740 offered by Rep. M D S ): Call Vote Number 288 (Passing H. AMDT. 305 fered by Rep. CHRISSY HOULAHAN): ‘‘yes’’; Roll ‘‘yes’’; Roll Call Vote Number 255 (Passing H. to H.R. 2740 offered by Rep. CEDRIC RICH- Call Vote Number 321 (Passing H. AMDT. 338 AMDT. 273 to H.R. 2740 offered by Rep. MOND): ‘‘yes’’; Roll Call Vote Number 289 to H.R. 2740 offered by Rep. MARK POCAN): MARK DESAULNIER): ‘‘yes’’; Roll Call Vote (Passing H. AMDT. 306 to H.R. 2740 offered ‘‘yes’’; and Roll Call Vote Number 322 (Pass- Number 256 (Passing H. AMDT. 274 to H.R. by Rep. JIM BANKS): ‘‘no’’; Roll Call Vote Num- ing H. AMDT. 339 to H.R. 2740 offered by ARK 2740 offered by Rep. M ber 290 (Passing H. AMDT. 307 to H.R. 2740 Rep. BILL PASCRELL): ‘‘yes’’. DESAULNIER): ‘‘yes’’; Roll Call Vote Number offered by Rep. BILL KEATING): ‘‘yes’’; Roll Call f 257 (Passing H. AMDT. 277 to H.R. 2740 of- Vote Number 291 (Passing H. AMDT. 308 to fered by Rep. CHRIS SMITH): ‘‘yes’’; Roll Call H.R. 2740 offered by Rep. CAROL MILLER): RECOGNIZING MOLLY PINTA Vote Number 258 (Passing H. AMDT. 278 to ‘‘yes’’; Roll Call Vote Number 292 (Passing H. H.R. 2740 offered by Rep. BOBBY SCOTT): AMDT. 309 to H.R. 2740 offered by Rep. HON. BRADLEY SCOTT SCHNEIDER AVID ICILLINE ‘‘yes’’; Roll Call Vote Number 259 (Passing H. D C ): ‘‘yes’’ Roll Call Vote Number OF ILLINOIS 293 (Passing H. AMDT. 310 to H.R. 2740 of- AMDT. 279 to H.R. 2740 offered by Rep. IN THE HOUSE OF REPRESENTATIVES PETER DEFAZIO): ‘‘yes’’; Roll Call Vote Number fered by Rep. AMI BERA): ‘‘yes’’ Roll Call Vote 260 . (Passing H. AMDT. 280 to H.R. 2740 of- Number 294 (Passing H. AMDT. 311 to H.R. Tuesday, June 18, 2019 fered by Rep. SHEILA JACKSON LEE): ‘‘yes’’; 2740 offered by Rep. JOAQUIN CASTRO): ‘‘yes’’; Mr. SCHNEIDER. Madam Speaker, I rise Roll Call Vote Number 261 (Passing H. Roll Call Vote Number 295 (Passing H. today to recognize the extraordinary initiative AMDT. 281 to H.R. 2740 offered by Rep. AMDT. 312 to H.R. 2740 offered by Rep. and leadership of Molly Pinta, a 13-year-old SHEILA JACKSON LEE): ‘‘yes’’. HAKEEM JEFFRIES): ‘‘yes’’; Roll Call Vote Num- resident of Buffalo Grove, Illinois who orga- Roll call Vote Number 262 (Passing H. ber 296 (Passing H. AMDT. 313 to H.R. 2740 nized her town’s first ever LGBTQ Pride Pa- AMDT. 282 to H.R. 2740 offered by Rep. BILL offered by Rep. SEAN PATRICK MALONEY): rade on June 2nd. PASTRELL): ‘‘yes’’; Roll Call Vote Number 263 ‘‘yes’’; Roll Call Vote Number 297 (Passing H. More than 5,000 people came together to (Passing H. AMDT. 283 to H.R. 2740 offered AMDT. 314 to H.R. 2740 offered by Rep. celebrate the LGBTQ community with Molly at by Rep. DANNY DAVIS): ‘‘yes’’; Roll Call Vote ALMA ADAMS): ‘‘yes’’; Roll Call Vote Number a boisterous, family-friendly event on June 2. Number 264 (Ordering the Previous Question): 298 (Passing H. AMDT. 315 to H.R. 2740 of- The parade was the culmination of months of ‘‘yes’’; Roll Call Vote Number 265 (Passing H. fered by Rep. ALMA ADAMS): ‘‘yes’’; Roll Call planning by Molly. With support from her par- Res. 436): ‘‘yes’’; Roll Call Vote Number 266 Vote Number 299 (Passing H. AMDT. 316 to ents, she raised more than $40,000 for the (Passing H. AMDT. 267 to H.R. 2740 offered H.R. 2740 offered by Rep. DON BEYER): ‘‘YES’’; event and related foundation, the Pinta Pride by Rep. TOM COLE): ‘‘no’’; Roll Call Vote Num- ROLL CALL VOTE NUMBER 300 (PASSING H. Project which aims to empower the LGBTQ ber 267 (Passing H. AMDT. 275 to H.R. 2740 AMDT. 317 TO H.R. 2740 OFFERED BY REP. community in Buffalo Grove. offered by Rep. MARTHA ROBY): ‘‘no’’; Roll Call DON BEYER): ‘‘YES’’; ROLL CALL VOTE NUMBER Because of her achievements in Buffalo Vote Number 268 (Passing H. AMDT. 284 to 301 (PASSING H. AMDT. 318 TO H.R. 2740 OF- Grove work, Molly was named the Youth H.R. 2740 offered by Rep. VERN BUCHANAN): FERED BY REP. LISA BLUNT ROCHESTER): ‘‘yes’’; Grand Marshal for the Chicago Pride Parade ‘‘yes’’; Roll Call Vote Number 269 (Passing H. Roll Call Vote Number 302 (Passing H. on June 30. ‘‘Molly is the result and a shining AMDT. 285 to H.R. 2740 offered by Rep. JIM AMDT. 319 to H.R. 2740 offered by Rep. example of the hard work and sacrifices made LANGEVIN): ‘‘yes’’; Roll Call Vote Number 270 STEPHANIE MURPHY): ‘‘yes’’; Roll Call Vote by those generations of activists who for 50 (Passing H. AMDT. 286 to H.R. 2740 offered Number 303 (Passing H. AMDT. 320 to H.R. years have toiled before, and leading up to by Rep. BILL FOSTER): ‘‘yes’’; Roll Call Vote 2740 offered by Rep. ALEXANDRIA OCASIO- Stonewall,’’ said Richard Pfeiffer, one of the Number 271 (Passing H. AMDT. 287 to H.R. CORTEZ): ‘‘yes’’; Roll Call Vote Number 304 Chicago Pride Parade organizers, in a state- 2740 offered by Rep. BILL FOSTER): ‘‘yes’’; (Passing H. AMDT. 321 to H.R. 2740 offered ment to the press. Molly’s vision united her Roll Call Vote Number 272. (Passing H. by Rep. ALEXANDRIA OCASIO-CORTEZ): ‘‘yes’’; community and inspired others, especially AMDT. 288 to H.R. 2740 offered by Rep. BILL Roll Call Vote Number 305 (Passing H. young people, to be proud of who they are. FOSTER): ‘‘yes’’; Roll Call Vote Number 273 AMDT. 322 to H.R. 2740 offered by Rep. BEN Our nation’s rapid march toward equality for (Passing H. AMDT. 289 to H.R. 2740 offered MCADAMS): ‘‘yes’’; Roll Call Vote Number 306 the LGBTQ community—from the end of Don’t by Rep. BILL FOSTER): ‘‘yes’’; Roll Call Vote (Passing H. AMDT. 323 to H.R. 2740 offered Ask, Don’t Tell to nationwide marriage equal- Number 274 (Passing H. AMDT. 290 to H.R. by Rep. KIM SCHRIER): ‘‘yes’’; Roll Call Vote ity—is a story of undeniable progress. While 2740 offered by Rep. ADAM SCHIFF): ‘‘yes’’; Number 307 (Passing H. AMDT. 324 to H.R. much work remains unfinished to achieve the Roll Call Vote Number 275 (Passing H. 2740 offered by Rep. SUSIE LEE): ‘‘yes’’; Roll goal of full equality, I take heart witnessing the AMDT. 291 to H.R. 2740 offered by Rep. Call Vote Number 308 (Passing H. AMDT. 325 support and acceptance of our young peo- DAVID MCKINLEY): ‘‘yes’’; Roll Call Vote Num- to H.R. 2740 offered by Rep. ANGIE CRAIG): ple—Molly’s generation—for their peers. They ber 276 (Passing H. AMDT. 292 to H.R. 2740 ‘‘yes’’; Roll Call Vote Number 309 (Passing H. give me hope that our future is in good hands. offered by Rep. G. K. BUTTERFIELD): ‘‘yes’’; AMDT. 326 to H.R. 2740 offered by Rep. It is my privilege to recognize Molly Pinta for Roll Call Vote Number 277 (Passing H. ANGIE CRAIG): ‘‘yes’’; Roll Call Vote Number her bravery and passion in her community. AMDT. 293 to H.R. 2740 offered by Rep. BILL 310 (Passing H. AMDT. 327 to H.R. 2740 of- She has already made a positive mark in her JOHNSON): ‘‘yes’’; Roll Call Vote Number 278 fered by Rep. ANGIE CRAIG): ‘‘yes’’; Roll Call first 13 years, and I look forward to seeing (Passing H. AMDT. 294 to H.R. 2740 offered Vote Number 311 (Passing H. AMDT. 328 to what she will do in years to come.

VerDate Sep 11 2014 06:36 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A18JN8.005 E18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E785 RECOGNIZING MICHAEL J. diana State Senate in a legislative career that ant Colonel Jeffrey J. Ignatowski, who has SHEEHAN, AKA ‘‘THE PRO- spanned nearly 20 years. served his nation and the Commonwealth of FESSOR,’’ FOR THE 900TH EPI- He served as an Indiana City Councilman Pennsylvania admirably as Commander of the SODE OF WORDS TO THE WISE for Huntington and as Mayor of Huntington, In- Letterkenny Munitions Center (LEMC) in diana. In his political career, he lost just one Chambersburg, Pennsylvania over the last two HON. JACK BERGMAN election. years. During Lieutenant Colonel Ignatowski’s Snowden was an active member of his com- OF MICHIGAN command, LEMC executed six worldwide am- munity, involved heavily in his church and civic IN THE HOUSE OF REPRESENTATIVES munition rehearsal of concept drills, imple- organizations like the Police Athletic League, mented a tier meeting process that acceler- Tuesday, June 18, 2019 the Salvation Army, the Huntington County ated work flow and communication, and multi- Mr. BERGMAN. Madam Speaker, it’s my Historical Society, the Boy Scouts, United plied employee suggestion implementation honor to recognize Mike Sheehan, also known Way, Christian Literature for Africa, and oth- program participation. ers. as ‘‘The Professor,’’ upon the occasion of the His leadership has strengthened LEMC’s While there’s not enough words to fully en- 900th episode of his program Words to the reputation as the Army’s premier munitions capsulate all of Gene Snowden’s accomplish- Wise on WTCM NewsTalk 580 in Traverse center, orchestrating the distribution, mainte- ments, his life is proof positive of the timeless City, Michigan. Through his exceptional in- nance, and demilitarization of munitions from legacy each one of us can forge, for ourselves sight, expert knowledge of the English lan- around the globe. On behalf of Pennsylvania’s guage, and unique ability to teach with accu- and generations to come. I offer my deepest condolences to his wife, 13th District, I want to thank Lieutenant Colo- racy and humor, The Professor has become nel Ignatowski and his family for his selfless an indispensable part of Michigan’s First Dis- four daughters, six grandchildren, and 12 great-grandchildren whom he leaves behind. service, and moreover highlight the sense of trict. purpose with which he has handled every Born and raised in the southside of Chi- f project managed in his time at Letterkenny cago, Sheehan spent much of his early life as HONORING EDGAR J. CURTIS FOR Munitions Center. a monk in the Order of St. Augustine, being RECEIVING THE ORDER OF LIN- ordained as a priest in 1965. He would later His leadership and the progressive changes COLN AWARD leave the priesthood to become an instructor he made will live on, and it is with the utmost of English at the Olive-Harvey College of the appreciation with which I wish him the best as City Colleges of Chicago, where he taught for HON. DARIN LaHOOD he continues to serve his nation in new capac- 26 years and wrote three textbooks, a dic- OF ILLINOIS ities. I take great pleasure in congratulating tionary, and two novels. Upon retirement, he IN THE HOUSE OF REPRESENTATIVES Lieutenant Colonel Ignatowski on his pro- and his late wife decided to make Northern Tuesday, June 18, 2019 digious accomplishments and thank him for Michigan their home. Deciding to stay active in his tireless devotion to duty and continued Mr. LAHOOD. Madam Speaker, I would like service to the state and to the nation. his retirement, Sheehan has served on the to recognize Edgar J. Curtis for receiving the state of Michigan’s Commission on Services to Order of Lincoln award from the Office of the f the Aging and is a member of the Society of Governor. This prestigious award is the high- Midland Authors, the Dictionary Society of est honor that the state of Illinois can present HONORING MICHAEL NGUYEN North America, the American Dialect Society, for professional achievement and public serv- and Michigan Writers. He also received the ice. Distinguished Senior of the National Cherry Ed currently sits as the President and Chief HON. TED S. YOHO Festival award in 2013. Executive Office of Memorial Health Systems For the past 18 years Mike has also hosted in Springfield. He is also a member of the OF FLORIDA a weekly radio show, Words to the Wise, on Southern Illinois University Board of Trustees, IN THE HOUSE OF REPRESENTATIVES WTCM NewsTalk 580. This show, which is and a Southern Illinois University— heard by listeners in 19 counties throughout Edwardsville School of Nursing Hall of Fame Tuesday, June 18, 2019 Michigan, dives into the interesting, humorous, member. Throughout his professional career and sometimes bizarre world of grammar, Mr. YOHO. Madam Speaker, I would like to and philanthropic efforts, Ed has had tremen- bring attention to the unjust detention of an spelling, punctuation, and etymology. His dous impact on the medical community in Illi- unique passion and sense of humor have re- American citizen, Mr. Michael Phuong Minh nois. Nguyen, in the Socialist Republic of Vietnam. sulted in his show being beloved by students, Ed has always had a passion for helping retirees, and everyone in between. The 900th others and improving the lives of those around Mr. Nguyen was arrested on July 7, 2018 episode of Words to the Wise will air live from him. Since junior high, he has wanted to make while visiting elderly relatives in Vietnam. He the City Opera House in Traverse City, Michi- a difference in the medical field. Ed attended has since been held at the Phan Dang Luu gan, on July 16. Southern Illinois University—Edwardsville, Detention Center in Ho Chi Minh City. While Madam Speaker, it’s my honor to recognize where he received his bachelor’s degree in the Vietnamese government still has not pro- ‘‘The Professor’’ for hitting the milestone of nursing. Later Ed earned an MBA from the vided any evidence of wrongdoing that would 900 episodes full of entertainment and edu- University of Illinois at Champaign-Urbana, justify his arrest, the Vietnamese government cation. Michiganders can take great pride in who also named him an honorary Doctor of has confirmed they are charging Mr. Nguyen knowing the First District is home to such a Humane Letters. After his schooling, Ed for allegedly violating Article 109 of Vietnam’s dedicated individual. On behalf of my constitu- turned his focus to helping others, and has Penal Code, engaging in activity against the ents, I wish Mike all the best in his future en- done just that throughout his career. government. deavors. Again, I extend my sincere congratulations I have worked with my colleagues in Con- f to Edgar J. Curtis for receiving the Order of gress, the Administration, our embassy per- HONORING THE LIFE OF FORMER Lincoln award. sonnel, as well as with Mr. Nguyen’s family, to INDIANA POLITICIAN, GENE f encourage the government of Vietnam to find SNOWDEN RECOGNIZING LIEUTENANT COLO- a fast, transparent, and fair resolution to this NEL JEFFREY J. IGNATOWSKI case. Unfortunately, Mr. Nguyen is still being HON. JIM BANKS FOR HIS SERVICE TO held in Vietnam. It is disheartening that an LETTERKENNY MUNITIONS CEN- American citizen be detained for such a pro- OF INDIANA longed time before a trial is held. IN THE HOUSE OF REPRESENTATIVES TER Over the past four decades, our two coun- Tuesday, June 18, 2019 HON. JOHN JOYCE tries have built a strong relationship based on Mr. BANKS. Madam Speaker, I rise to OF PENNSYLVANIA trade, trust and mutual respect. My hope is that we can continue this relationship without honor the life of former Indiana politician and IN THE HOUSE OF REPRESENTATIVES community leader, Gene Snowden. the detraction of these kind of events. I will Snowden was a lifelong public servant in In- Tuesday, June 18, 2019 continue to urge a just resolution for Mr. diana state and local politics, having served in Mr. JOYCE of Pennsylvania. Madam Speak- Nguyen until he can return to his family and the Indiana House of Representatives and In- er, I rise today to salute the service of Lieuten- friends in the United States.

VerDate Sep 11 2014 06:36 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A18JN8.008 E18JNPT1 E786 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2019 CONGRATULATING THE QUAD CIT- Sue and her family for her countless hours of Station upon the occasion of its 130th anniver- IES VET CENTER ON 40 YEARS labor in service to her country. sary and designation as the ‘‘Oldest Continu- OF SERVICE f ously Manned Operating Fire Station’’ by Guinness World Records. Through its extraor- HON. CHERI BUSTOS PERSONAL EXPLANATION dinary history and commitment to the public good, the Manistee Fire Station has become OF ILLINOIS HON. F. JAMES SENSENBRENNER, JR. IN THE HOUSE OF REPRESENTATIVES an indispensable part of Michigan’s First Dis- OF WISCONSIN trict. Tuesday, June 18, 2019 IN THE HOUSE OF REPRESENTATIVES First constructed in 1889, the Manistee Fire Mrs. BUSTOS. Madam Speaker, I rise today Tuesday, June 18, 2019 Station has been manned continuously—24 to recognize the Quad Cities Vet Center on 40 Mr. SENSENBRENNER. Madam Speaker, hours a day, 7 days a week—ever since. The years of assisting the veterans of this commu- due to illness, I was physically absent from the hundreds of firefighters that have since served nity. As a member of the House Appropria- House of Representatives on June 10, 2019. in the station’s 130 years fully devoted them- tions Subcommittee on Military Construction On that day, I missed 3 recorded votes. I in- selves to protecting the lives and well-being of and Veterans Affairs, I’m committed to serving clude in the RECORD how I would have voted the residents of Manistee, and the impact of the men and women who’ve worn our coun- had I been present for those votes. their heroism cannot be understated. try’s uniform—making sure they have the re- On Roll Call No. 242 on the Passage of Efforts to receive recognition from Guinness sources they deserve and have earned. H.R. 542, I would have voted ‘‘Yea.’’ World Records were spearheaded by Fred The Quad Cities Vet Center was established On Roll Call No. 243 on the Passage of LaPoint, who first joined the fire department in in 1979 as a response to the lack of services H.R. 2539, I would have voted ‘‘Yea.’’ 1979. The approval process required more that veterans received after the Vietnam War. On Roll Call No. 244 on the Passage of than two years of verification and was only Today, the center provides a wide range of H.R. 2590, I would have voted ‘‘Yea.’’ possible thanks to the tireless effort of com- social and psychological services, such as in- f munity leaders like Mark Fedder, executive di- dividual, group, marriage and family coun- rector of the Manistee County Historical Mu- CONGRATULATING RICH AND JUDY seum. The fire station was finally awarded the seling. I am proud to represent a community BUCHANAN that provides such essential services to vet- title of ‘‘Oldest Continuously Manned Oper- erans and their families, and I look forward to ating Fire Station’’ on its 130th anniversary— the continuation of their program. I join the HON. RODNEY DAVIS the very first time Guinness World Records OF ILLINOIS Quad Cities community to celebrate this mile- has ever made this award designation. IN THE HOUSE OF REPRESENTATIVES stone and commend them on all of their ef- Madam Speaker, the celebration of the forts to improve the lives of those who have Tuesday, June 18, 2019 Manistee Fire Station’s 130th anniversary and served our nation. Mr. RODNEY DAVIS of Illinois. Madam designation as the oldest continuously It is because of philanthropic services such Speaker, I rise today to congratulate Rich and manned operating fire station is the perfect as this that I am especially proud to serve Illi- Judy Buchanan of Bloomington, Illinois who opportunity for us to appreciate its unique his- nois’ 17th Congressional District. Madam were among the honorees named as 2019 tory, cultural impact, and significance to North- Speaker, I would like to again formally con- History Makers by the McLean County Mu- ern Michigan. Michiganders can take immense gratulate the Quad Cities Vet Center on their seum of History. pride in knowing that the First District is home 40th Anniversary and all that they do to enrich Rich’s career in public service started short- to such an important landmark. On behalf of our community. ly after his marriage to Judy and spanned my constituents, I wish the City of Manistee Fire Station all the best in its future endeav- f nearly fifty years. He was first appointed to the Regional Planning Commission in 1971 and ors. IN HONOR OF MS. SUE SWANN shortly after was elected to the Bloomington f City Council at the age of 31. He then served CELEBRATING THE LIFE OF HON. ROBERT J. WITTMAN as Bloomington’s mayor from 1977 to 1985. RUPERT M. BARKOFF OF VIRGINIA His final elected position was as a member of IN THE HOUSE OF REPRESENTATIVES the McLean County Board from 2012 to 2017. Judy was also active in politics at nearly HON. DOUG COLLINS Tuesday, June 18, 2019 every level: her own husband’s campaign for OF GEORGIA Mr. WITTMAN. Madam Speaker, I rise mayor, state legislative races, congressional IN THE HOUSE OF REPRESENTATIVES today in recognition of Ms. Sue Swann’s forty campaigns, and the campaign of former Presi- Tuesday, June 18, 2019 years of service to the Essex County Depart- dent George H.W. Bush, introducing him on Mr. COLLINS of Georgia. Madam Speaker, ment of Social Security. his campaign stop in McLean County. Al- I rise today to celebrate the life and work of Ms. Swann was known as a diligent and de- though, she is perhaps most well-known for Rupert M. Barkoff, a leader in Atlanta and the termined employee who gave everyone she her fierce advocacy on behalf of the Alz- franchise business community. worked with countless reasons to admire her heimer’s Association. Having lost her own Rupert M. Barkoff was born May 7, 1948, in work ethic. Not only did she dedicate four dec- mother to the disease at a young age, she New Orleans, Louisiana, to Martha and Sam- ades of her life to the Department, but she spent countless hours at the Illinois State Cap- uel Barkoff. He graduated from the Isidore worked three years in other state offices as itol bringing awareness to mental health Newman School in New Orleans and later well. issues and funding for Alzheimer’s centers went on to graduate from the University of At work, she was frequently requested per- across the state. Michigan Ann Arbor and the University of sonally by clients for face-to-face meetings to I am proud to call the Buchanans friends. Michigan Law School. discuss the benefits entitled to them. She did They deserve to be recognized and thanked After graduating from law school, Barkoff her job with unmatched compassion and care. for their decades of leadership and service to moved to Atlanta where he practiced law for Over forty years, she decided to stay in her their community. 46 years with Kilpatrick Townsend and estab- position and reject countless promotions. Had Congratulations to Rich and Judy, on this lished himself as a prominent and beloved she chosen to move to other localities, she wonderful accomplishment. member of the firm. With his creation of the could have been a Benefit Program Specialist f Fundamentals of Franchising program and 4 or 5, but because of the passion she has for CELEBRATING THE 130TH ANNI- book, Barkoff transformed the way in which what she did, she remained a Specialist. VERSARY OF THE CITY OF lawyers new to franchising are introduced to Ms. Swann plans to go into retirement now MANISTEE FIRE STATION the business model. after decades of her tremendous work, and I Known for his generosity of spirit and knowl- wish her the best of luck in her future endeav- edge in franchisor and franchisee practices, ors. HON. JACK BERGMAN Barkoff taught a franchise law course at the OF MICHIGAN Madam Speaker, I ask you to join me in University of Georgia. He was devoted to his IN THE HOUSE OF REPRESENTATIVES honoring the service of this great woman, Ms. students and took a personal interest in each Sue Swann, to the people of Virginia’s 1st Dis- Tuesday, June 18, 2019 and every one. He even made a point of trict, to the Commonwealth of Virginia, and to Mr. BERGMAN. Madam Speaker, it is my meeting with them individually to discuss their the entirety of our great nation. May God bless honor to recognize the City of Manistee Fire interests and mentor them toward their goals.

VerDate Sep 11 2014 06:36 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.013 E18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E787 Barkoff was not only a mentor to his stu- seum of American History, where he worked, John Plantier of Warren County has served dents, but also to so many involved with the in part, as the museum’s associate director for the Hadley Luzern Library for over two dec- franchise bar. Countless lawyers admired his curatorial affairs. He left to work as the presi- ades. He spent many of those years as the li- leadership in guiding them through the fran- dent of the Chicago Historical Society and brary’s President and as a member of the chising business model. Those who had the later as the curator of history and program board. As President, he exhibited a very pleasure to work with Barkoff will remember manager for the California African American hands-on management style that saw him per- him for his gentleness, intelligence, and great Museum. forming tasks at all levels. He was just as sense of humor. As a student, he attended American Univer- often presiding over board meetings as he As an early pioneer of franchise law, Barkoff sity in Washington, D.C. and received his was helping with routine maintenance. He was laid the fabric of franchising in Atlanta. The master’s and bachelor’s degrees in History. always ready to literally go the extra mile; giv- Southeast Franchise Forum, of which he was He will be the first historian to be Secretary of ing rides to doctors’ appointments to those a founding member, is a regional organization the Smithsonian. He is also the first African without transportation, and delivering books in Atlanta as part of the International Fran- American to lead the Smithsonian in its 172- and meals to homebound residents. John is chise Association, established to foster profes- year history and the first museum director to also a member ofthe Lions Cub and the Had- sional relationships throughout the franchise be named Secretary in 74 years. ley Luzerne Historical Society. community and to enhance the reputation of Among Bunch’s many accomplishments is Patrice Cianci volunteers with the Bolton franchising through the exchange of informa- writing various books, ranging from the black Health Committee to deliver meals to home- tion, ideas and solutions. military experience to the American presidency bound seniors in the northern Lake George Our home state of Georgia is a thriving fran- to diversity in museum management. He has area. She also helps deliver gifts to these sen- chise hub containing 26,500 establishments, taught at several universities over the years, iors during the holiday season. Patrice has creating 275,800 jobs, and producing $22.7 including American University and George made herself a crucial asset to the team at the billion in economic output. There are 345 fran- Washington University, and has traveled both Warren County Office for the Aging that helps chise companies headquartered in Georgia domestically and abroad for lectures and pres- ensure seniors around the Lake George area today, and Barkoff directly contributed to this entations. can comfortably remain in their homes. economic boom in our city by ensuring these In 2002, Bunch was appointed by President These four individuals have made a lasting well-known brands operated with the highest George W. Bush to the Committee for the impact on their communities and have positively impacted the lives of many North Coun- standards of compliance in franchising. Preservation of the White House and re- Rupert will always be remembered by his appointed by President Barack Obama in try residents. I am proud to serve such amazing and generous people in Congress and I family, friends, and colleagues as a trusted 2010. In 2005, he was named one of the most hope to live up to their example every day. On friend, a great mind, and a devoted family influential museum professionals of the 20th behalf of New York’s 21st Congressional Dis- man. His children and his grandchildren, who century by the American Association of Muse- trict, I would like to thank Patrice, John, Lee, affectionately called him ‘‘Umps,’’ cherished ums. and Avis for their service to the North Country the many Michigan football games they at- Madam Speaker, I ask the House of Rep- and congratulate them on this well-deserved tended together. He is survived by his wife resentatives to join me in recognizing Lonnie award. Susan, his two sisters, his three children and G. Bunch III for his many achievements and in their spouses, and his many grandchildren, congratulating him on his new role as the Sec- f retary of the Smithsonian Institution. nieces and nephews. Our condolences go out COMMENDING THE AUBURN HIGH to Rupert’s family and friends. f SCHOOL GIRLS TENNIS TEAM f HONORING AVIS WARNER, LEON SMITH, JOHN PLANTIER AND HONORING THE WORK OF LONNIE HON. H. MORGAN GRIFFITH PATRICE CIANCI FOR THEIR OF VIRGINIA G. BUNCH III DEDICATED COMMUNITY SERV- IN THE HOUSE OF REPRESENTATIVES ICE AND FOR BEING AWARDED Tuesday, June 18, 2019 HON. ELEANOR HOLMES NORTON SENIOR OF THE YEAR OF THE DISTRICT OF COLUMBIA Mr. GRIFFITH. Madam Speaker, it is my IN THE HOUSE OF REPRESENTATIVES pleasure to commend the Auburn High School HON. ELISE M. STEFANIK girls tennis team, which captured the Virginia Tuesday, June 18, 2019 OF NEW YORK High School League (VHSL) Class 1 team Ms. NORTON. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES state title on June 8, 2019. The Eagles put on to ask the House of Representatives to join Tuesday, June 18, 2019 a first-rate performance, defeating an excellent me in recognizing Lonnie G. Bunch III in his Ms. STEFANIK. Madam Speaker, I rise team from Rappahannock High School by a new position as the Secretary of the Smithso- today to recognize four North Country resi- score of 5–4. nian Institution, one of the highest positions in dents for their selfless dedication to their com- This marks the second consecutive season the museum world. He will be the 14th Sec- munities. Each of these individuals was in which the Eagles have captured the VHSL retary of the Smithsonian, responsible for 19 awarded the Senior of the Year recognition by Class 1 state championship. A victory from museums, nine research centers and the Na- their respective Warren and Hamilton County Auburn’s No. 1 doubles pair Haley Gordon tional Zoo, together employing 7,000 people Offices at their annual Office for the Aging and Molly McMichael clinched the title, cap- 1 with a $1.5 billion budget annually. Luncheon on June 7, 2019. ping off just under 5 ⁄2 hours of competition on On June 16th, Bunch will begin his tenure Avis Warner of Hamilton County has been a the day between the two squads. I applaud as Secretary, leaving his position as the direc- tireless volunteer with the Wells Volunteer Am- the hard work and dedication of all members tor of the Smithsonian’s National Museum of bulance Corps where she currently serves as of this year’s Auburn High School girls tennis African American History and Culture its Captain. Additionally, she volunteers with team, and congratulate the administrators, (NMAAHC). He is the ideal person to tackle the Wells Senior Club, the Wells Volunteer teachers, coaches, parents, students, and the challenges and opportunities of the Smith- Fire Company, the Wells Improvement Club, fans. In particular I would like to recognize the sonian. the Wells Fish and Game Club, the Wells contributions of the team’s seniors, and their Bunch is owed the lion’s share of the credit Snowmobile Club, The Wells Central School head coach Conrad Nester. Congratulations for the creation of NMAAHC. What started as Board and The Wesleyan Church. on a great end to the season. a broad mandate from Congress, one staff Leon ‘‘Lee’’ Smith, also of Hamilton County, f member and no collection, NMAAHC has organized a redemption center to raise money HONORING OONI ADEYEYE ENITAN grown to become one of the great gems in the for the Wells Volunteer Ambulance Corps BABTUNDE OGUNWUSI, OJAJA II nation’s capital. NMAAHC has had over4 mil- (WVAC). Thanks to his vision, they were able lion visitors since its doors opened in 2016. to raise $60,000 which allowed the WVACto Bunch’s political and fundraising talents purchase a new ambulance. Mr. Smith also HON. BENNIE G. THOMPSON OF MISSISSIPPI brought $270 million in federal money and volunteered with the Town of Wells to create IN THE HOUSE OF REPRESENTATIVES $317 million in private donations for NMAAHC a directory for local events, businesses, and before it opened in 2016. organizations. Finally, Mr. Smith volunteered Tuesday, June 18, 2019 Bunch began working for the Smithsonian in with the Algonquin Snowblazers, the Cub Mr. THOMPSON of Mississippi. Madam 1989. He spent 11 years At the National Mu- Scouts, and the Wells Fish and Game Club. Speaker, I rise today to honor His Imperial

VerDate Sep 11 2014 06:36 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.018 E18JNPT1 E788 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2019 Majesty Ooni Adeyeye Enitan Babtunde On Roll Call No. 260 on the Passage of On Roll Call No. 286 on the Passage of Ogunwusi, Ojaja II, Ooni of Ife. Amendment No. 14 offered by Ms. JACKSON Amendment No. 39 offered by Ms. PRESSLEY Ojaja II is a Nigerian monarch; since coro- LEE (D–TX), I would have voted ‘‘Yea.’’ (D–MA), I would have voted ‘‘ Yea.’’ nation he has been able to harmonize the re- On Roll Call No. 261 on the Passage of On Roll Call No. 287 on the Passage of lationships between all the Yoruba Royal lead- Amendment No. 15 offered by Ms. JACKSON Amendment No. 40 offered by Mr. KHANNA ers and with the Nigerian government. He is a LEE (D–TX), I would have voted ‘‘Nay.’’ (D–CA), I would have voted ‘‘Nay.’’ member of the Institute of Chartered Account- On Roll Call No. 262 on the Passage of On Roll Call No. 288 on the Passage of ants of Nigeria. He is an Associate Accounting Amendment No. 16 offered by Mr. PASCRELL Amendment No. 41 offered by Mr. RICHMOND Technician. Oba Ogunwusi is a certified mem- (D–NJ), I would have voted ‘‘Yea.’’ (D–LA), I would have voted ‘‘Nay.’’ ber of the Institute of Directors. He is also a On Roll Call No. 263 on the Passage of On Roll Call No. 289 on the Passage of member of the Global Real Estate Institute. Amendment No. 17 offered by Mr. DAVIS (D– Amendment No. 42 offered by Mr. BANKS (R– He holds multiple honorary doctorate degrees: IL), I would have voted ‘‘Yea.’’ IN), I would have voted ‘‘Yea.’’ one in Public Administration from the Univer- On Roll Call No. 264 on the Ordering of the On Roll Call No. 290 on the Passage of sity of Nigeria, Nsukka and another in Law Previous Question, I would have voted ‘‘Nay.’’ Amendment No. 43 offered by Mr. KEATING from Igbinedion University. Oba Ogunwusi is On Roll Call No. 265 on the Adoption of H. (D–MA), I would have voted ‘‘ Yea.’’ the Chancellor at the University of Nigeria, Res. 436, I would have voted ‘‘Nay.’’ On Roll Call No. 291 on the Passage of Nsukka. On Roll Call No. 266 on the Passage of Amendment No. 44 offered by Mrs. MILLER He has been described as an astute entre- Amendment No. 1 offered by Mr. COLE (R– (R–WV), I would have voted ‘‘Nay.’’ preneur driven by the need to turn impossibil- OK), I would have voted ‘‘Yea.’’ On Roll Call No. 292 on the Passage of ities into possibilities. He is an advocate for On Roll Call No. 267 on the Passage of Amendment No. 45 offered by Mr. CICILLINE the empowerment and emancipation of Amendment No. 9 offered by Mrs. ROBY (R– (D–RI), I would have voted ‘‘Nay.’’ women and young people. He is a renowned AL), I would have voted ‘‘Yea.’’ On Roll Call No. 293 on the Passage of philanthropist who is committed to humanity On Roll Call No. 268 on the Passage of Amendment No. 46 offered by Mr. BERA (D– and an advocate for the less privileged. Amendment No. 18 offered by Mr. BUCHANAN CA), I would have voted ‘‘Yea.’’ Madam Speaker, I ask my colleagues to join (R–FL), I would have voted ‘‘Nay.’’ On Roll Call No. 294 on the Passage of me in recognizing His Imperial Majesty Ooni On Roll Call No. 269 on the Passage of Amendment No. 47 offered by Mr. CASTRO Adeyeye Enitan Babtunde Ogunwusi, Ojaja II Amendment No. 19 offered by Mr. LANGEVIN (D–TX), I would have voted ‘‘Nay.’’ for his endeavors to the citizens of Nigeria and (D–RI), I would have voted ‘‘Yea.’’ f On Roll Call No. 270 on the Passage of for visiting the ‘‘Jewel of the Delta,’’ Mound JOSEPH M. LANE AMERICAN Bayou, MS. Amendment No. 20 offered by Mr. FOSTER (D– IL), I would have voted ‘‘Nay.’’ LEGION POST 136 CENTENNIAL f On Roll Call No. 271 on the Passage of PERSONAL EXPLANATION Amendment No. 21 offered by Mr. FOSTER (D– HON. JOSH GOTTHEIMER IL), I would have voted ‘‘Yea.’’ OF NEW JERSEY On Roll Call No. 272 on the Passage of IN THE HOUSE OF REPRESENTATIVES HON. F. JAMES SENSENBRENNER, JR. Amendment No. 22 offered by Mr. FOSTER (D– Tuesday, June 18, 2019 OF WISCONSIN IL), I would have voted ‘‘Yea.’’ IN THE HOUSE OF REPRESENTATIVES On Roll Call No. 273 on the Passage of Mr. GOTTHEIMER. Madam Speaker, I rise Tuesday, June 18, 2019 Amendment No. 23 offered by Mr. FOSTER (D– today to mark the centennial celebration of the IL), I would have voted ‘‘Yea.’’ American Legion. On March 15, 1919, the Mr. SENSENBRENNER. Madam Speaker, On Roll Call No. 274 on the Passage of American Legion was founded in Paris, due to illness, I was physically absent from the Amendment No. 24 offered by Mr. SCHIFF (D– France by U.S. military personnel in the after- House of Representatives on June 12, 2019. CA), I would have voted ‘‘Yea.’’ math of World War I. Today, 100 years later, On that day, I missed 46 recorded votes. I in- On Roll Call No. 275 on the Passage of The American Legion is the world’s largest clude in the RECORD how I would have voted Amendment No. 25 offered by Mr. MCKINLEY veterans’ organization and has been at the had I been present for those votes. (R–WV), I would have voted ‘‘Yea.’’ forefront of efforts to improve the lives of vet- On Roll Call No. 249 on the Motion to Ad- On Roll Call No. 276 on the Passage of erans including the development of the De- journ, I would have voted ‘‘Yea.’’ Amendment No. 26 offered by Mr. partment of Veterans Affairs, the creation of On Roll Call No. 250 on the Motion to Ad- BUTTERFIELD (D–NC), I would have voted the U.S. Flag Code, and passage of the G.I. journ, I would have voted ‘‘Yea.’’ ‘‘Yea.’’ Bill. On Roll Call No. 251 on the Passage of On Roll Call No. 277 on the Passage of The irreplaceable impact of the American C OVERN Amendment No. 2 offered by Mr. M G Amendment No. 27 offered by Mr. JOHNSON Legion continues 100 years later. Every year, (D–MA), I would have voted ‘‘Yea.’’ (R–OH), I would have voted ‘‘Yea.’’ The American Legion provides assistance on On Roll Call No. 252 on the Passage of On Roll Call No. 278 on the Passage of more than 181,000 VA claims and cases, Amendment No. 4 offered by Ms. SHALALA (D– Amendment No. 28 offered by Ms. MOORE (D– awards more than $4 million in scholarships, FL), I would have voted ‘‘Nay.’’ WI), I would have voted ‘‘Yea.’’ and is the nation’s single largest donor of On Roll Call No. 253 on the Passage of On Roll Call No. 279 on the Passage of blood. Amendment No. 5 offered by Mr. DESAULNIER Amendment No. 29 offered by Ms. MOORE (D– Specifically, I would like to recognize the Jo- (D–CA), I would have voted ‘‘Yea.’’ WI), I would have voted ‘‘Yea.’’ seph M. Lane American Legion Post 136 in On Roll Call No. 254 on the Passage of On Roll Call No. 280 on the Passage of my District in Lodi, New Jersey. The inaugural Amendment No. 6 offered by Mr. DESAULNIER Amendment No. 32 offered by Ms. MATSUI (D– meeting of what would today become the Jo- (D–CA), I would have voted ‘‘Yea.’’ CA), I would have voted ‘‘Yea.’’ seph M. Lane American Legion Post 136 was On Roll Call No. 255 on the Passage of On Roll Call No. 281 on the Passage of held on September 9, 1919, at the Liberty Amendment No. 7 offered by Mr. DESAULNIER Amendment No. 33 offered by Mr. BARR (R– Street Fire House in Lodi. The Post’s name- (D–CA), I would have voted ‘‘Nay.’’ KY), I would have voted ‘‘ Yea.’’ sake was Lodi resident, United States Army On Roll Call No. 256 on the Passage of On Roll Call No. 282 on the Passage of Private Joseph M. Lane, who died in the serv- Amendment No. 8 offered by Mr. DESAULNIER Amendment No. 34 offered by Mr. CLEAVER ice in France. (D–CA), I would have voted ‘‘Yea.’’ (D–MO), I would have voted ‘‘Yea.’’ As the Representative for the Fifth Congres- On Roll Call No. 257 on the Passage of On Roll Call No. 283 on the Passage of sional District of New Jersey, I am proud to Amendment No. 11 offered by Mr. SMITH (R– Amendment No. 36 offered by Ms. CASTOR recognize the Joseph M. Lane American Le- NJ), I would have voted ‘‘Yea.’’ (D–FL), I would have voted ‘‘Nay.’’ gion Post 136 of Lodi for its countless con- On Roll Call No. 258 on the Passage of On Roll Call No. 284 on the Passage of tributions to the Lodi community and its vet- Amendment No. 12 offered by Mr. SCOTT (D– Amendment No. 37 offered by Mr. HILL, erans. VA), present, I would have voted ‘‘Nay.’’ FRENCH (R–AK), I would have voted ‘‘Yea.’’ Madam Speaker, I ask my colleagues to join On Roll Call No. 259 on the Passage of On Roll Call No. 285 on the Passage of me in recognizing the American Legion for Amendment No. 13 offered by Mr. DEFAZIO Amendment No. 38 offered by Mr. HILL, reaching this amazing milestone and look for- (D–OR), I would have voted ‘‘Nay.’’ FRENCH (R–AK), I would have voted ‘‘Yea.’’ ward to many great years ahead.

VerDate Sep 11 2014 06:36 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A18JN8.022 E18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E789 HONORING THE SERVICE OF strong State Foreign Operations Appropria- Charles D. Webb for Extraordinary Commit- CORPORAL DAVID WOLMAN tions Bill. You are a truly able chair. The base ment to Public Service and the Mary L. Sin- bill and report contain $500,000 for Grass gleton for his work on City Council. Bill has HON. LEE M. ZELDIN Carp control and this amendment doubles also served in both President Carter’s and OF NEW YORK down on that investment, by providing an ad- President Reagan’s Small Business Councils. IN THE HOUSE OF REPRESENTATIVES ditional $500,000 for a total of $1 million for Bill has been a resident of Jacksonville the Great Lakes Fisheries Commission to since 1954 and of Atlantic Beach since 1972. Tuesday, June 18, 2019 manage Grass Carp. He graduated from Bishop Kenny High School Mr. ZELDIN. Madam Speaker, I rise today Much of the countries Asian Carp focus has and the University of Florida. Bill and his wife to honor the life and service of a distinguished been on stopping the Big-Head Carp, but let Harriet have four children, Trip, Thad, Kath- New Yorker and proud World War II Veteran, us not forget that the Grass Carp pose an ex- erine and Elizabeth, and nine grandchildren. Corporal David Wolman of the 412th Air Serv- istential threat to the economic future of the His dedication to his community, his strong ice Group. Born in Brooklyn, New York, Mr. Great Lakes. work ethic, and his generosity of spirit are rea- Wolman began his life of service to our nation This threat is not theoretical. Just a few sons to celebrate Bill Gulliford’s public life and in 1942, when he elected to pursue a job in weeks ago, we found Grass Carp larva in the to honor his service. air traffic operations with the U.S. military. He Maumee River. Every day, fisherman remove f served as an Air Traffic Controller, assisting Grass Carp from the Lakes. with operations during the D-Day invasion of To understand just how dangerous the HONORING JIM SELLS AND HIS 40 Normandy. Grass Carp are, it is important to understand YEAR CAREER Corporal Wolman began his service by that on average, they consume 50 percent of training across the United States, starting on their body weight of vegetation in just one day. HON. RICHARD HUDSON Long Island at Camp Upton. After months of Think about those numbers. A five-pound OF NORTH CAROLINA specialized training he was stationed on the grass carp consumes 2.5 pounds of vegeta- IN THE HOUSE OF REPRESENTATIVES Thorpe Abbots Airfield in England, where he tion in a single day. Tuesday, June 18, 2019 would communicate with pilots of the 8th Army While Grass Carp present a deadly threat to Air Force, 100th Bomb Group. Corporal Mr. HUDSON. Madam Speaker, I rise today the Great Lakes fishery today, far too few re- to honor Jim Sells on his 40 years of service Wohnan communicated with pilots before, dur- sources have been allocated to the Grass ing, and after missions, directing them during to our community as Emergency Management Carp. Coordinator for the City of Concord, located in takeoff and landing, and getting returning The Great Lakes Fisheries commission is planes any desperately needed emergency North Carolina’s Eighth Congressional District. an ideal partner to control this bi-national Over the last 40 years, Jim has made services upon landing. In addition to serving threat. The commission operates in coordina- countless contributions to our area. He started his country, Corporal Wolman was a servant tion across our national borders to protect his career in 1979 as a volunteer firefighter for of his faith, helping conduct Jewish services both American and Canadian fisheries. the Concord Fire Department and is retiring on on Friday evenings. The biodiversity, commercial and rec- Corporal Wolman was with the 100th Bomb July 1st as the Emergency Management Coor- reational fishery on the Great Lakes are dinator. His strong character and leadership Group through some of their most difficult op- threatened by the Grass Carp. erations, like the October 10, 1943, mission to enabled him to advance within the City of The Great Lakes Fishery Commission has a Concord Fire Department, culminating as Munster, Germany. Corporal Wolman’s proud- long history of controlling invasive species est and most memorable experience during Emergency Management Coordinator. across the American-Canadian border. Jim has earned the reputation for leading his time at Thorpe Abbots came on June 6, This amendment fills critical gaps and I urge the vital improvements to the City of Con- 1944—D-Day. He worked tirelessly for three my colleagues to support it. cord’s emergency response infrastructure. days to ensure air traffic operations during that f Through his leadership, he developed the ini- crucial turning point in history went smoothly. Returning home, Corporal Wolman contin- RECOGNIZING WILLIAM tial Concord Emergency Management Ordi- ued to pursue his passion, serving several GULLIFORD nance which created the division of Emer- years as an Air Traffic Control Specialist with gency Management within the Concord Fire the Federal Aviation Administration. Corporal HON. JOHN H. RUTHERFORD Department. Exemplary of his passion for Wohnan remained a loyal friend, always keep- service, Jim created the City’s first emergency OF FLORIDA operations plan and has saved countless lives. ing in touch with his former Lieutenant, James IN THE HOUSE OF REPRESENTATIVES Pound. He was also a loyal husband and fa- In honor of his tireless innovations, he was ther, married to his wife Gladys for 66 years. Tuesday, June 18, 2019 recognized by the Executive Steering Com- Corporal David Wolman is a distinguished Mr. RUTHERFORD. Madam Speaker, I rise mittee for the Democratic National Convention American hero, dedicated to his family, his today to recognize City Councilman William in 2012. The City of Concord now stands as faith, and his country. For his service to our Gulliford of Jacksonville, Florida, who is retir- a premier model of emergency management nation, we will be forever grateful. ing after serving as Atlantic Beach Mayor, At- and readiness across the state of North Caro- lina. f lantic Beach Commissioner, and President of the Jacksonville City Council. Today we honor Jim has led by example over the years and DEPARTMENTS OF LABOR, Bill’s outstanding public service to our commu- is someone for whom I have everlasting re- HEALTH AND HUMAN SERVICES, nity. spect and admiration. I know I speak for ev- AND EDUCATION, AND RELATED Aside from his role in local government, Bill eryone in the community when I say we are AGENCIES APPROPRIATIONS is also a longtime business owner who is sin- truly grateful for all of his service and cannot ACT, 2020 cere in his desire to do good for the citizens thank him enough. I would like to offer my sin- of our community. He is a respected as an cerest appreciation and wish him a long and SPEECH OF honorable, collegial leader who is known for happy retirement. Madam Speaker, please join me today in HON. MARCY KAPTUR bringing people in government and the private honoring Jim Sells on his 40 years of service OF OHIO sector together to solve problems. Most re- to our community. IN THE HOUSE OF REPRESENTATIVES cently, Bill worked to focus the City’s attention f Thursday, June 13, 2019 on the opioid crisis and worked with numerous partners on solutions. This is just one example RECOGNIZING THE AUBURN HIGH The House in Committee of the Whole of his leadership and value to our community. House on the state of the Union had under SCHOOL GIRLS SOCCER TEAM consideration the bill (H.R. 2740) making ap- Besides his electoral contributions, Bill is a propriations for the Departments of Labor, founding Board Member of Habitat for Human- HON. H. MORGAN GRIFFITH Health, and Human Services, and Education, ity of the Jacksonville Beaches, and past OF VIRGINIA and related agencies for the fiscal year end- president of the Beaches Boys Club, the IN THE HOUSE OF REPRESENTATIVES ing September 30, 2020, and for other pur- Beaches Quarterback Club and the Rotary poses: Club of Mandarin. He presently is a member Tuesday, June 18, 2019 Ms. KAPTUR. Mr. Chair, I thank the Gentle- of the Oceanside Rotary Club and has re- Mr. GRIFFITH. Madam Speaker, it is my woman from New York for writing such a ceived numerous awards, including the honor to recognize the Auburn High School

VerDate Sep 11 2014 06:36 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.025 E18JNPT1 E790 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2019 girls soccer team for earning a class 1 state CALLING ON THE SOCIALIST RE- ances, or websites to enter into local and state title on June 8, 2019. The girls soccer team PUBLIC OF VIETNAM TO ENSURE competitions. State winners move on to com- earned their championship, the first conducted A FAIR TRIAL FOR MICHAEL pete in the national finals at the University of by the Virginia High School League for Class NGUYEN Maryland at College Park. The National En- 1 soccer, in a close match with Stonewall dowment for the Humanities has been a spon- Jackson-Quicksburg at Christiansburg High HON. HARLEY ROUDA sor and partner of National History Day for School. OF CALIFORNIA more than 30 years. The state championship clinched an 18–1 IN THE HOUSE OF REPRESENTATIVES The theme for this year’s competition was season for the Eagles. It was a close-run thing Tuesday, June 18, 2019 ‘‘Triumph and Tragedy in History’’ and more on a windy and rainy day, with a tie broken than a half million students submitted entries. after four sudden victory periods and nine suc- Mr. ROUDA. Madam Speaker, I rise to high- On their website, Sean, Elias, Zia, and Keona cessful penalty kicks alternating between each light the case of Michael Nguyen, an American state, ‘‘The radium girls were young factory team. The Eagles competed with discipline, citizen and Orange County resident who has workers who unknowingly consumed lethal skill, and coolness under pressure. Congratu- been imprisoned by the Vietnamese govern- amounts of radium, often resulting in slow, lations are in order for Coach Ashley Moreno ment for nearly a year. painful deaths. Despite their tragic cir- and the team, especially its seniors. Auburn’s Mr. Nguyen is a husband, a father, and a cumstances, their desire for change and per- parents, teachers, students, and fans also leader in his community. He has lived his life sistence in court caused revolutionary change should take pride in this wonderful accom- in the United States in accordance with our to workplace safety regulations and sparked plishment. laws, and he owns a small business where he monumental scientific advancements regard- works to provide for his wife and four daugh- ing radium and radioactivity.’’ f ters. The students go on to document how ra- CONGRATULATING THE BIG SANDY For the past eleven months, Mr. Nguyen dium was commonly used and recommended. WILDCATS ON THEIR BASEBALL has been held at the Phan Dang Luu Deten- At the focus of their website is the story of the STATE CHAMPIONSHIP VICTORY tion Center in Ho Chi Minh City, where he has women who, at the start of the 20th century, not been allowed to contact family or friends. were exposed to high levels of radium in their Mr. Nguyen was held without charge until work as they painted watch dials. Such expo- HON. BRIAN BABIN recently, when the charges against him were sure proved quickly fatal and resulted in phys- OF TEXAS announced and a trial was scheduled for June ical deformities and cancer. The legal battles IN THE HOUSE OF REPRESENTATIVES 24th and 25th. that followed were tumultuous and provided As a signatory to the International Covenant Tuesday, June 18, 2019 minor relief for the women who had been ex- on Civil and Political Rights, Vietnam must up- posed to radium. Their legacy, however, lives Mr. BABIN. Madam Speaker, I rise today to hold its commitment to the rights to due proc- on today as workplace protections continue to congratulate Big Sandy High School on win- ess and a fair trial. be a focus on Capitol Hill. ning the University Interscholastic League I join my colleagues in calling upon the So- (UIL) baseball state championship for the cialist Republic of Vietnam to uphold their These four incredible students have dem- 2018–2019 school year. international commitment to human rights by onstrated truly admirable talent and skill in On Thursday, June 6, 2019, Big Sandy High ensuring a fair trial for Michael Nguyen so that their deep dive into history. I am moved by School claimed their second UIL Class 2A he may be reunited with his family. their desire to shed light on an overlooked and baseball state title with a 7–1 win over Linden- long-forgotten story that still resonates today. f Kildare High School. This triumph marks the I want to congratulate Sean, Elias, Zia, Keona, end of an incredible four-year run for nine sen- HONORING TUCSON’S NATIONAL their families, and the educators who have iors: Graden Emmons, Bryan Duff, Brandon HISTORY DAY WINNERS helped them get where they are today. I ex- Hendrix, Broch Holmes, McKane Maxwell, pect great things from each of them in the Garret Lilley, Brayden Lennox, Seth HON. RAU´ L M. GRIJALVA near future and look forward to the positive Lalumandier, and Bryan Moseley. Since Big OF ARIZONA impact they will have on our district and Sandy Head Coach Jacob Hooker arrived four IN THE HOUSE OF REPRESENTATIVES abroad. years ago, these senior Wildcats were first a Tuesday, June 18, 2019 game away from the state tournament their f freshman year, then state runners-up their Mr. GRIJALVA. Madam Speaker, I rise sophomore year, and now are back-to-back today in honor of Tucson, Arizona’s four stu- HAPPY 89TH BIRTHDAY TO state champions of Class 2A baseball. dents who won first place at the National En- RICHARD G. BRISTOL Big Sandy High School ends a season to dowment for the Humanities’ National History remember with a record of 36–4, losing only Day contest. The young history buffs, Sean HON. JOE CUNNINGHAM one Class 2A game all year to Refugio High Choudhry, Elias Rice-Bensch, Zia Rice- School during the playoffs. They are only the Bensch, and Keona Wallen all attend the Ac- OF SOUTH CAROLINA 19th school in Texas history to win the base- celerated Learning Laboratory in my district. IN THE HOUSE OF REPRESENTATIVES ball state championship two years in a row. I Their website Radium Girls: From Jaw-Drop- Tuesday, June 18, 2019 would like to personally recognize each stu- ping Tragedy to Glowing Triumph earned the dent as well as their coaches. It is an honor top prize in the contest that featured more Mr. CUNNINGHAM. Madam Speaker, I rise to represent these young men in Congress, than 3,000 students from across the country. today to wish my friend, Richard G. Bristol, a and I am so elated to say that they have National History Day began in the 1970s happy 89th birthday. I hope Richard is enjoy- made our community so proud. and is the culmination of a yearlong academic ing his special day at his new home in Vero I wish each of these talented athletes con- program for students in grades 6 through 12 Beach, Florida with a properly chilled Sam tinued success on and off the field. Go Wild- to engage in historical research. Students Adams. Lots of love and warmest wishes from cats. produce essays, exhibitions, films, perform- everyone in the Cunningham clan.

VerDate Sep 11 2014 06:36 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.029 E18JNPT1 Tuesday, June 18, 2019 Daily Digest Senate motion to close further debate on the nomination of Chamber Action Matthew J. Kacsmaryk, to be United States District Routine Proceedings, pages S3631–S3805 Judge for the Northern District of Texas. Page S3640 Measures Introduced: Seventeen bills were intro- A unanimous-consent agreement was reached produced, as follows: S. 1875–1891. Pages S3651–52 viding that at approximately 9:30 a.m., on Wednes- day, June 19, 2019, Senate resume consideration of Measures Passed: the nomination, post-cloture, under the order of Authorizing unique and one-time arrangements Thursday, June 13, 2019. Page S3804 for displays on the National Mall and Washington Winsor Nomination—Cloture: By 54 yeas to 42 Monument: Senate passed H.J. Res. 60, requesting nays (Vote No. EX. 169), Senate agreed to the mo- the Secretary of the Interior to authorize unique and tion to close further debate on the nomination of one-time arrangements for displays on the National Allen Cothrel Winsor, to be United States District Mall and the Washington Monument during the pe- Judge for the Northern District of Florida. riod beginning on July 16, 2019 and ending on July Pages S3640–41 20, 2019. Page S3804 Cain, Jr. Nomination—Cloture: By 76 yeas to 20 Women Veterans Appreciation Day: Committee nays (Vote No. EX. 170), Senate agreed to the mo- on the Judiciary was discharged from further consid- tion to close further debate on the nomination of eration of S. Res. 235, designating June 12, 2019, James David Cain, Jr., to be United States District as ‘‘Women Veterans Appreciation Day’’, and the Judge for the Western District of Louisiana. resolution was then agreed to, after agreeing to the Page S3641 following amendment proposed thereto: Page S3804 McConnell (for Booker/Blackburn) Amendment Guidry Nomination—Cloture: Senate resumed No. 750, to amend the preamble. Page S3804 consideration of the nomination of Greg Gerard Guidry, to be United States District Judge for the Measures Considered: Eastern District of Louisiana. Pages S3642–47 Proposed Transfer of Certain Defense Articles During consideration of this nomination today, and Services: Senate began consideration of the mo- Senate also took the following action: tion to discharge the Committee on Foreign Rela- By 53 yeas to 43 nays (Vote No. EX. 171), Senate tions of S.J. Res. 36, providing for congressional disagreed to the motion to close further debate on the approval of the proposed transfer to the Kingdom of nomination. Page S3641 Saudi Arabia, the United Kingdom of Great Britain Nomination Confirmed: Senate confirmed the fol- and Northern Ireland, the Kingdom of Spain, and lowing nomination: the Italian Republic of certain defense articles and By 59 yeas to 37 nays (Vote No. EX. 167), Sean services. Pages S3633–37 Cairncross, of Minnesota, to be Chief Executive Offi- Message from the President: Senate received the cer, Millennium Challenge Corporation. following message from the President of the United Pages S3637–40, S3805 States: During consideration of this nomination today, Transmitting, pursuant to law, a report on the Senate also took the following action: continuation of the national emergency that was By 59 yeas to 37 nays (Vote No. EX. 166), Senate originally declared in Executive Order 13219 of June agreed to the motion to close further debate on the 26, 2001, with respect to the Western Balkans; nomination. Page S3639 which was referred to the Committee on Banking, Nominations Received: Senate received the fol- Housing, and Urban Affairs. (PM–20) Page S3651 lowing nominations: Kacsmaryk Nomination—Cloture: By 52 yeas to Andrew George Biggs, of Oregon, to be a Mem- 44 nays (Vote No. EX. 168), Senate agreed to the ber of the Financial Oversight and Management D683

VerDate Sep 11 2014 09:43 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN9.REC D18JNPT1 D684 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 2019 Board for Puerto Rico for the remainder of the term tions of Thomas Peter Feddo, of Virginia, to be As- expiring August 30, 2019. sistant Secretary of the Treasury for Investment Secu- Jose Baldomero Carrion, of Puerto Rico, to be a rity, Ian Paul Steff, of Indiana, to be Assistant Sec- Member of the Financial Oversight and Management retary of Commerce and Director General of the Board for Puerto Rico for the remainder of the term United States and Foreign Commercial Service, expiring August 30, 2019. Michelle Bowman, of Kansas, to be a Member of the Carlos M. Garcia, of Massachusetts, to be a Mem- Board of Governors of the Federal Reserve System, ber of the Financial Oversight and Management Paul Shmotolokha, of Washington, to be First Vice Board for Puerto Rico for the remainder of the term President of the Export-Import Bank of the United expiring August 30, 2019. States, and Allison Herren Lee, of Colorado, to be a Arthur J. Gonzalez, of New York, to be a Mem- Member of the Securities and Exchange Commission. ber of the Financial Oversight and Management Board for Puerto Rico for the remainder of the term TERRORISM RISK INSURANCE PROGRAM expiring August 30, 2019. Committee on Banking, Housing, and Urban Affairs: Jose R. Gonzalez, of New York, to be a Member Committee concluded a hearing to examine the reau- of the Financial Oversight and Management Board thorization of the Terrorism Risk Insurance Program, for Puerto Rico for the remainder of the term expir- after receiving testimony from Baird Webel, Spe- ing August 30, 2019. cialist in Financial Economics, Congressional Re- Ana Matosantos, of California, to be a Member of search Service, Library of Congress; and Tarique the Financial Oversight and Management Board for Nageer, Marsh, and Howard Kunreuther, University Puerto Rico for the remainder of the term expiring of Pennsylvania Wharton School Risk Management August 30, 2019. and Decision Processes Center, both of New York, David Skeel, of Pennsylvania, to be a Member of New York. the Financial Oversight and Management Board for Puerto Rico for the remainder of the term expiring DRONE SECURITY August 30, 2019. Committee on Commerce, Science, and Transportation: Sub- 3 Army nominations in the rank of general. committee on Security concluded a hearing to exam- 1 Marine Corps nomination in the rank of general. ine drone security, focusing on enhancing innovation Routine lists in the Air Force, Army, Marine and mitigating supply chain risks, after receiving Corps, and Navy. Pages S3804–05 testimony from Angela H. Stubblefield, Deputy As- Executive Reports of Committees: Page S3651 sociate Aministrator for Security and Hazardous Ma- terials Safety, Federal Aviation Administration; Additional Cosponsors: Pages S3652–58 Harry Wingo, Faculty, College of Information and Statements on Introduced Bills/Resolutions: Cyberspace, National Defense University, Depart- Page S3658 ment of Defense; Catherine F. Cahill, University of Additional Statements: Pages S3650–51 Alaska Center for Unmanned Aircraft Systems Inte- gration, Fairbanks; Brian Wynne, Association for Amendments Submitted: Pages S3658–S3803 Unmanned Vehicle Systems International, Arlington, Authorities for Committees to Meet: Virginia; and Harold H. Shaw, Massachusetts Port Pages S3803–04 Authority, East Boston. Record Votes: Six record votes were taken today. FEDERAL LANDS (Total—171) Pages S3639–41 Committee on Energy and Natural Resources: Committee Adjournment: Senate convened at 10 a.m. and ad- concluded a hearing to examine deferred mainte- journed at 6:29 p.m., until 9:30 a.m. on Wednes- nance needs and potential solutions on Federal lands day, June 19, 2019. (For Senate’s program, see the administered by the Department of the Interior and remarks of the Majority Leader in today’s RECORD the Department of Agriculture Forest Service, after on page S3804.) receiving testimony from Scott Cameron, Principal Deputy Assistant Secretary of the Interior for Policy, Committee Meetings Management and Budget; Lenise Lago, Associate Chief, Forest Service, Department of Agriculture; (Committees not listed did not meet) Dan Puskar, Public Lands Alliance, Silver Spring, Maryland; Elizabeth Archuleta, Coconino County, BUSINESS MEETING Flagstaff, Arizona, on behalf of the National Associa- Committee on Banking, Housing, and Urban Affairs: tion of Counties; and Jessica Wahl, Outdoor Recre- Committee ordered favorably reported the nomina- ation Roundtable, Washington, D.C.

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TRADE POLICY AGENDA AND THE USMCA State Auditor, Helena; Sean Cavanaugh, Aledade, Committee on Finance: Committee concluded a hearing Benedic Ippolito, American Enterprise Institute, to examine the President’s 2019 trade policy agenda Tom Nickels, American Hospital Association, and and the United States-Mexico-Canada Agreement, Frederick Isasi, Families USA, all of Washington, after receiving testimony from Robert E. Lighthizer, D.C.; and Elizabeth Mitchell, Pacific Business Group United States Trade Representative. on Health, San Francisco, California. UKRAINE TERM LIMITS IN THE U.S. Committee on Foreign Relations: Subcommittee on Eu- Committee on the Judiciary: Subcommittee on the Con- rope and Regional Security Cooperation concluded a stitution concluded a hearing to examine keeping hearing to examine Ukraine’s progress and Russia’s Congress accountable, focusing on term limits in the malign activities five years after the revolution of United States, after receiving testimony from former dignity, after receiving testimony from Kurt Volker, Senator Jim DeMint; Nick Tomboulides, U.S. Term Special Representative for Ukraine Negotiations, De- Limits, Melbourne, Florida; Lynda W. Powell, Uni- partment of State; and John E. Herbst, Atlantic versity of Rochester, Rochester, New York; John Council Eurasia Center, Alina Polyakova, Brookings David Rausch, Jr., West Texas A and M University, Institution, and James Jay Carafano, Heritage Foun- Canyon; and Casey Burgat, R Street Institute, Wash- dation, all of Washington, D.C. ington, D.C. LOWER HEALTH CARE COSTS ACT INTELLIGENCE Committee on Health, Education, Labor, and Pensions: Select Committee on Intelligence: Committee held closed Committee concluded a hearing to examine the hearings on intelligence matters, receiving testimony Lower Health Care Costs Act, after receiving testi- from officials of the intelligence community. mony from Marilyn Bartlett, Office of the Montana Committee recessed subject to the call. h House of Representatives for the fiscal year ending September 30, 2020, and Chamber Action for other purposes; and providing for proceedings Public Bills and Resolutions Introduced: 34 pub- during the period from June 28, 2019, through July lic bills, H.R. 3298–3331; and 2 resolutions, H. 8, 2019 (H. Rept. 116–119). Page H4769 Res. 446 and 447 were introduced. Pages H4769–71 Speaker: Read a letter from the Speaker wherein she Additional Cosponsors: Pages H4772–74 appointed Representative Beyer to act as Speaker pro Reports Filed: Reports were filed today as follows: tempore for today. Page H4703 H.R. 2109, to amend title 38, United States Recess: The House recessed at 12:06 p.m. and re- Code, to authorize the Secretary of Veterans Affairs, convened at 2 p.m. Page H4704 in awarding a contract for the procurement of goods or services, to give a preference to offerors that em- Meeting Hour: Agreed by unanimous consent that ploy veterans (H. Rept. 116–117); when the House adjourns today, it adjourn to meet H.R. 2196, to amend title 38, United States at 10 a.m. tomorrow, June 19th. Page H4704 Code, to reduce the credit hour requirement for the Recess: The House recessed at 2:16 p.m. and recon- Edith Nourse Rogers STEM Scholarship program of vened at 2:45 p.m. Page H4706 the Department of Veterans Affairs (H. Rept. 116–118); and Suspensions: The House agreed to suspend the rules H. Res. 445, providing for consideration of the and pass the following measure: bill (H.R. 3055) making appropriations for the De- Empowering Beneficiaries, Ensuring Access, and partments of Commerce and Justice, Science, and Strengthening Accountability Act of 2019: H.R. Related Agencies for the fiscal year ending Sep- 3253, amended, to provide for certain extensions tember 30, 2020, and for other purposes; relating to with respect to the Medicaid program under title consideration of the bill (H.R. 2740) making appro- XIX of the Social Security Act, by a 2⁄3 yea-and-nay priations for the Departments of Labor, Health and vote of 371 yeas to 46 nays, Roll No. 333. Human Services, and Education, and related agencies Pages H4706–10, H4751

VerDate Sep 11 2014 09:43 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN9.REC D18JNPT1 D686 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 2019 Departments of Labor, Health and Human Serv- Meadows amendment (No. 85 printed in part B ices, and Education, and Related Agencies Ap- of H. Rept. 116–109) that was debated on June propriations Act, 2020: The House considered 13th that increases assistance withheld from Pakistan H.R. 2740, making appropriations for the Depart- over the imprisonment of Dr. Shakil Afridi from ments of Labor, Health and Human Services, and $33,000,000 to $66,000,000 (by a recorded vote of Education, and related agencies for the fiscal year 387 ayes to 33 noes, Roll No. 331); Page H4737 ending September 30, 2020. Consideration is ex- Lowey en bloc amendment No. 1 that was de- pected to resume tomorrow, June 19th. bated on June 13th consisting of the following Pages H4710–32, H4732–38, H4738–50, H4752–55, H4755–67 amendments printed in part B of H. Rept. 116–109: Agreed to the Visclosky motion that the Com- Cohen (No. 86) that prohibits the use of funds to mittee rise by a recorded vote of 317 ayes to 82 noes enter into any new contract, grant, or cooperative with one answering ‘‘present’’, Roll No. 323. agreement with any Trump related business listed in Pages H4731–32 the President Trump’s Annual Financial Disclosure Agreed to: Report submitted to the Office of Government Eth- Gonza´lez-Colo´n (PR) amendment (No. 41 printed ics as well as certain Trump related properties listed in part A of H. Rept. 116–111) that increases and on the Trump Organization’s website; Foster (No. decreases funding for the Innovative Readiness 88) that reduces the NADR account by $10,000,000 Training Program by $4.356 million, for the pur- and increases the account by the same amount, to be pose of supporting DOD’s efforts to produce mis- used for the Synchrotron-Light for Experimental sion-ready forces through military training opportu- Science and Applications project in order to promote nities and simultaneously provide key services for scientific diplomacy and peace in the Middle East; Connolly (No. 90) that prohibits the use of funds for American communities; Pages H4722–23 Norman amendment (No. 43 printed in part A of International Military Education and Training for Saudi Arabia; Cicilline (No. 95) that prohibits funds H. Rept. 116–111) that increases and decreases $15 from being used to establish the proposed Depart- million from the Weapons Procurement, Navy to ment of State Commission on Unalienable Rights; allow for the funding of one Expeditionary Sea Base Brendan F. Boyle (PA) (No. 97) that increases by Classed ship upgrade pilot program to reduce the and decreases by $1.5 million for the International amount of escort missions required to be conducted Fund for Ireland; Panetta (No. 99) that prohibits any by Destroyer class ships; Page H4723 funds from being used to withdraw the United Jackson Lee amendment (No. 79 printed in part States from NATO; Krisnamoorthi (No. 100) that B of H. Rept. 116–109) that was debated on June prohibits the use of funds in violation of the Export 13th that increases by $1,000,000 and decreases by Control Act of 2018 (subtitle B of title XVII of $1,000,000 to combat the practice of Female Genital Public Law 115–232); Murphy (No. 101) that pro- Mutilation (by a recorded vote of 414 ayes to 6 noes, vides that, of the $2,153,763,000 in funds provided Roll No. 325); Page H4733 under Title IV, International Security Assistance, Jackson Lee amendment (No. 80 printed in part Department of State, Economic Support Fund, fund- B of H. Rept. 116–109) that was debated on June ing made available for programs to promote democ- 13th that increases by $1,000,000 and decreases by racy and the rule of law in Venezuela shall be in- $1,000,000 to combat the trafficking of endangered creased by $3,000,000, from $17,500,000 to species (by a recorded vote of 339 ayes to 79 noes, $20,500,000; Espaillat (No. 102) that increases the Roll No. 326); Pages H4733–34 appropriated amount to the Caribbean Basin Security Grijalva amendment (No. 82 printed in part B of Initiative by $2,000,000; Cox (No. 103) that ensures H. Rept. 116–109) that was debated on June 13th continued funding for de-mining projects in that decreases then increases funding within the Nagorno-Karabakh, and support for regional reha- International Border and Water Commission for the bilitation services for infants, children, and adults use of taking responsibility for the International with physical and cognitive disabilities; Cunningham Outfall Interceptor (IOI) (by a recorded vote of 310 (No. 104) that increases and then decreases the De- ayes to 109 noes, Roll No. 328); Page H4735 velopment Assistance account by $5 million to com- Speier amendment (No. 84 printed in part B of bat illegal, unreported, unregulated fishing in for- H. Rept. 116–109) that was debated on June 13th eign waters; Spanberger (No. 105) that increases and that increases by $40 million and decreases by $40 decreases $1 in the Administration of Foreign Affairs million from Assistance for Europe and Eurasia to Diplomatic Programs account for the purpose of en- fund Armenian democracy assistance (by a recorded couraging the Department of State to implement vote of 268 ayes to 152 noes, Roll No. 330); recommendations of the Government Accountability Pages H4736–37 Office study GAO–19–220, which found that the

VerDate Sep 11 2014 09:43 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN9.REC D18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — DAILY DIGEST D687 Foreign Service vacancies at the Department of State ical Research Programs by $10 million; Graves (MO) may undermine U.S. foreign policy objectives and (No. 16) that increases and decreases the Operation increase national security risks; and Levin (MI) (No. and Maintenance, Defense wide account by $5 mil- 106) that prohibits the use of funds in this Act for lion in order to reserve $5 million to commemorate assistance to Forces Arme´es d’Haiti (FAdH)—in the 75th anniversary of World War II; Moore (No. English, the Armed Forces of Haiti (by a recorded 17) that increases funding for Air National Guard vote of 231 ayes to 187 noes, Roll No. 332); Facilities Sustainment, Restoration, and Moderniza- Pages H4737–38 tion by $2.5 million; Wilson (SC) (No. 18) that pro- Lowey en bloc amendment No. 1 that was de- vides $4.8 million to support mitigating musculo- bated on June 13th consisting of the following skeletal injury risk and optimizing bone and muscle amendments printed in part A of H. Rept. 116–111: adaptation for military physical training; Walberg Sherman (No. 1) that increases funding for the (No. 20) that prohibits any funds under the Defense United States Agency for Global Media International Division to be made available for the Taliban; Broadcasting Operations account by $1.5 million, to Schweikert (No. 22) that increasing funding for the broadcast Radio Free Europe/Radio Liberty in the Research, Development, Test and Evaluation, De- Sindhi language in Pakistan, and decreases funding fense-Wide by $1 million for the purpose of improv- by $2.1 million in the Capital Investment Fund ac- ing efforts to research and develop distributed ledger count; and Kildee (No. 3) that increases funding by technologies for defense applications; Carson (IN) $500,000 for the Great Lakes Fisheries Commission (No. 23) that increases and decreases the Defense- to address grass carp (by a recorded vote of 283 ayes wide Research, Development, Test and Evaluation to 144 noes, Roll No. 339); Page H4756 account by $4 million in order to fund DoD’s Visclosky en bloc amendment No. 2 consisting of HBCU program; will further help facilitate DoD’s the following amendments printed in part A of H. investments in the physical science, mathematics, Rept. 116–111: Stewart (No. 6) that ensures that and engineering programs at Historically Black Col- military working dogs are returned to the United leges and Universities and their corresponding na- States upon completion of their service to our sol- tional security benefits; Barr (No. 26) that increases diers abroad; Young (No. 7) that reduces the De- funding for Army Reserve Operation and Mainte- fense Wide Operations and Maintenance Account by nance, for Army Operation and Maintenance, and for $8,500,000 and increases the Air Force Operations Army National Guard Operation and Maintenance and Maintenance account by the same amount, for by $2 million each to be used for training support, the ISR Innovation Office to support Mission De- such as the training of National Guard and Reserve fense Teams; Smith (NJ) (No. 9) that redirects $2 components by Army in order to improve readiness; million from Operations and Maintenance, Defense- Cicilline (No. 27) that increases funding for the De- Wide to the Congressionally Directed Medical Re- fense Established Program to Stimulate Competitive search Programs for Tickborne Disease research; Research (DEPSCoR) program by $1.5 million; Din- Eshoo (No. 10) that increases and decreases the Re- gell (No. 28) that provides for an additional $5 mil- search, Development, Test and Evaluation, Air Force lion for the Fisher House Foundation which is offset account by $9.5 million in order to develop flexible by an outlay neutral reduction in the Operation and imaging technologies, wearable bio-chemical sensing, Maintenance, Defense-wide account; Bera (No. 30) point-of-care in low-resource environments, and en- that increases DoD funding to partner nations to route medical technologies to treat wounded help them prevent, detect, and respond to biological warfighters; Eshoo (No. 11) that increases funding threats and infectious disease before they come to the for Peer-reviewed pancreatic cancer research in the U.S. by $20 million, reducing Defense Wide Oper- Department of Defense’s Defense Health Program by ation and Maintenance by the same amount; $2 million, offset by a $2 million decrease from De- Moulton (No. 31) that increases and decreases the fense-wide Operation and Maintenance; Jackson Lee Navy’s Operation and Maintenance account by $4.3 (No. 12) that increases and decreases the Department million in order to restore the United States Sea of Defense Military Retirement Fund by $2 million Cadet Corps’ funding to historic levels; Moulton to provide the Secretary of Defense the flexibility (No. 32) that increases and decreases the Drug Inter- needed for technical assistance for U.S. military diction and Counter-Drug Activities, Defense ac- women to military women in other countries com- count by $3 million funding in order to restore bating violence targeting women and children as a funding for the Young Marines to historic levels; weapon of war, terrorism, human trafficking, and Emmer (No. 35) that allocates an increase of $3 mil- narcotics trafficking; Langevin (No. 14) that in- lion to Defense-wide Demilitarization Systems to decreases funding for the Spinal Cord Injury Research velop a feasible waterjet system to defeat a muni- Program within the Congressionally Directed Med- tion’s chemical, biological, or explosive ordnance

VerDate Sep 11 2014 09:43 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN9.REC D18JNPT1 D688 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 2019 without removing the munition in theater, in ac- $5 million in order to support a pilot program to cordance with Department of Defense recommenda- provide broadband access to military families and tions; Allen (No. 37) that increases and decreases the medical facilities on or near remote and isolated Defense-wide Operation and Maintenance account by bases (by a recorded vote of 381 ayes to 46 noes, $10 million in order to assist in identifying un- Roll No. 341); Pages H4710–15, H4757 claimed remains missing since the Korean conflict; Langevin amendment (No. 13 printed in part A Kildee (No. 42) that increases funding for the Army, of H. Rept. 116–111) that increases by $10,000,000 Air Force, and Navy Environmental Restoration the Naval Railgun for common mount development, funds by $15 million to clean up PFAS contamina- decreases by $10,000,000 the Strategic Capabilities tion in and around military bases offset by a $16 Office (by a recorded vote of 355 ayes to 73 noes, million cut to DoD wide Operations and Mainte- Roll No. 342); Pages H4715, H4757–58 nance; Panetta (No. 46) that increases funding for Langevin amendment (No. 15 printed in part A Navy research by $8 million to achieve future capa- of H. Rept. 116–111) that increases funding by $2 bilities to maintain maritime superiority and ensure million for civics education grants under the Na- national security; Carbajal (No. 48) that increases tional Defense Education Program. Grants will fund funding for more Improved Outer Tactical Vests for the development and evaluation of civics education female service members by $5 million; Carbajal (No. programs at Department of Defense domestic schools 49) that increase RDTE, Army by $4 million to (by a recorded vote of 277 ayes to 151 noes, Roll fund university and industry research centers to pur- No. 343); Pages H4715–16, H4758–59 sue research in areas of biotechnology such as ad- Brown (MD) amendment (No. 21 printed in part vances in materials, neuroscience, systems, synthetic A of H. Rept. 116–111) that prevents DOD from biology, nanotechnology and immersive technology; spending funds to implement ban on open O’Halleran (No. 52) that increases the Navy Re- transgender service (by a recorded vote of 243 ayes search, Development, Test and Evaluation account to 183 noes, Roll No. 344); Pages H4717–18, H4759 by $5 million in order to fund for Electromagnetic Kuster (NH) amendment (No. 34 printed in part Systems Applied Research to better enable the Naval A of H. Rept. 116–111), as modified, that increases Research Laboratory to fully contribute to the U.S. and decreases the defense-wide Research, Develop- Naval Observatory mission in providing the U.S. ment, Test and Evaluation account by $5 million in Navy and Department of Defense spacial Posi- order to support funding to develop lead-free defense tioning, Navigation, and Timing (PNT); Brown electronics to ensure the defense industry can inte- (MD) (No. 53) that reduces Navy Operation & grate cutting edge civilian technology to meet mili- Maintenance Account by $3,000,000 and increases tary requirements (by a recorded vote of 324 ayes to the Defense Wide Research, Development, Test, and 101 noes, Roll No. 346); Pages H4720–21, H4760–61 Evaluation account by $3,000,000 for cyber resil- Visclosky amendment (No. 38 printed in part A iency efforts in the Central Test and Evaluation In- of H. Rept. 116–111) that increases funding for the vestment Program (CTEIP); Brindisi (No. 54) that Future Vertical Lift Advanced Technologies program increases funding for Research, Development, Test from $16 million to $25 million (by a recorded vote and Evaluation, Air Force by $5 million for the pur- of 389 ayes to 39 noes, Roll No. 347); pose of improving research and development of Pages H4721, H4761 Quantum Information Sciences; Pappas (No. 55) that Visclosky amendment (No. 40 printed in part A supports funding for PFOA/PFOS Study and Anal- of H. Rept. 116–111) that increases and decreases ysis by increasing and decreasing the Defense-wide the Department of Defense Operation and Mainte- Operation and Maintenance account by $2 million; nance, Defense-Wide Fund by $500,000 to provide Pappas (No. 56) that increases funding for the funding for additional reporting on the immediate Army’s Research, Development, Test and Evaluation risks to U.S. national security posed by climate account by $2.5 million; Sherrill (No. 57) that In- change and its impacts to the Department and its creases funding for Defense-wide RDTE by $3 mil- ability to defend the nation (by a recorded vote of lion to strengthen efforts to secure science and tech- 254 ayes to 174 noes, Roll No. 348); nology research; Sherrill (No. 58) that increases and Pages H4721–22, H4761–62 decreases the Navy Research, Development, Test and Ted Lieu (CA) amendment (No. 44 printed in Evaluation account by $5 million in order to support part A of H. Rept. 116–111) that prohibits funds the certification/qualification process to enable the from being used to issue export licenses for any de- Navy to integrate 3–D printed parts more efficiently fense article or service as described in 22 enumerated into the submarine fleet; and Torres Small (NM) certification transmittal documents designated by the (No. 62) that increases and decreases funding in the Department of State (by a recorded vote of 237 ayes Defense-wide Operation and Maintenance account by to 191 noes, Roll No. 349); Pages H4723–24, H4762–63

VerDate Sep 11 2014 09:43 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN9.REC D18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — DAILY DIGEST D689 Blunt Rochester amendment (No. 50 printed in board (by a recorded vote of 131 ayes to 292 noes, part A of H. Rept. 116–111) that increases and de- Roll No. 334); Page H4752 creases by $1,000,000 Operations & Maintenance, Walker amendment (No. 89 printed in part B of Defense-wide account which funds the Space-Avail- H. Rept. 116–109) that was debated on June 13th able flights program and for the purpose of instruct- that sought to eliminate $19.1 billion in funding for ing the Department to provide Congress with an as- the bi-lateral economic assistance and independent sessment of possible concerns or issues in expanding agency programs within the Department of State (by eligibility for the Space-A program to include care- a recorded vote of 110 ayes to 315 noes, Roll No. givers and spouses when accompanying 100% dis- 335); Pages H4752–53 abled veterans (by a recorded vote of 424 ayes to 3 Palmer amendment (No. 91 printed in part B of noes, Roll No. 352); Pages H4726–27, H4764–65 H. Rept. 116–109) that was debated on June 13th Crow amendment (No. 59 printed in part A of H. that sought to strike the paragraph that prevents the Rept. 116–111) that increases and decreases the De- U.S.’ withdraw from the Paris Climate Agreement fense-wide Operation and Maintenance account by and strikes the paragraph that allows for payments $13 million in order to support the Department of for the agreement (by a recorded vote of 184 ayes Defense’s Readiness and Environmental Protection to 241 noes, Roll No. 336); Pages H4753–54 Integration program (by a recorded vote of 277 ayes Arrington amendment (No. 94 printed in part B to 151 noes, Roll No. 354); and of H. Rept. 116–109) that was debated on June Pages H4728–29, H4765–66 13th that sought to prevent funds from being used Cox (CA) amendment (No. 61 printed in part A to contribute to the United Nations Framework of H. Rept. 116–111) that reduces funds for the Op- Convention on Climate Change (by a recorded vote eration and Maintenance Account, Defense-Wide by of 174 ayes to 251 noes, Roll No. 337); Page H4754 $10 million and increases funds for medical research Banks amendment (No. 98 printed in part B of concerning traumatic brain injury, posttraumatic H. Rept. 116–109) that was debated on June 13th stress disorder, and psychological health by a similar that sought to reduce spending for each amount in amount (by a recorded vote of 404 ayes to 22 noes, Division D, except those amounts made available to Roll No. 355). Pages H4729–30, H4766–67 the Department of Defense, by 14 percent (by a re- Rejected: corded vote of 123 ayes to 303 noes, Roll No. 338); Lesko amendment (No. 78 printed in part B of H. Pages H4754–55 Rept. 116–109) that was debated on June 13th that Allen amendment (No. 2 printed in part A of H. sought to strike the requirement that not less than Rept. 116–111) that was debated on June 13th that $750,000,000 of Global Health Programs shall be sought to reduce spending in Division D, State, For- made available for family planning/reproductive eign Operations, and Related Agencies, by 1 percent health (by a recorded vote of 188 ayes to 225 noes, (by a recorded vote of 134 ayes to 293 noes, Roll Roll No. 324); Pages H4732–33 No. 340); Pages H4756–57 Gosar amendment (No. 81 printed in part B of Amash amendment (No. 24 printed in part A of H. Rept. 116–109) that was debated on June 13th H. Rept. 116–111) that sought to limit the that sought to prohibit the use of funds appropriated warrantless collection of Americans– communications or otherwise made available to any Federal depart- under section 702 of FISA (by a recorded vote of ment or agency by this Act may be used to make 175 ayes to 253 noes, Roll No. 345); assessed or voluntary contributions on behalf of the Pages H4718–20, H4759–60 United States to or for the Intergovernmental Panel Gallagher amendment (No. 45 printed in part A on Climate Change, the United Nations Framework of H. Rept. 116–111) that sought to restore $96 Convention on Climate Change, or the Green Cli- million in research and development funds for INF- mate Fund (by a recorded vote of 174 ayes to 244 range conventional missile systems, offset by cor- noes, Roll No. 327); Pages H4734–35 responding reduction to defense-wide operation and Gosar amendment (No. 83 printed in part B of maintenance (by a recorded vote of 203 ayes to 225 H. Rept. 116–109) that was debated on June 13th noes, Roll No. 350); Pages H4724–25, H4763 that sought to prohibit funds from being used for Gallagher amendment (No. 47 printed in part A the United Nations Framework Convention on Cli- of H. Rept. 116–111) that sought to increase fund- mate Change (by a recorded vote of 170 ayes to 248 ing for the Weapons Procurement, Navy account by noes, Roll No. 329); Pages H4735–36 $19.6 million (by a recorded vote of 192 ayes to 236 Grothman amendment (No. 87 printed in part B noes, Roll No. 351); and Pages H4725–26, H4763–64 of H. Rept. 116–109) that was debated on June Jayapal amendment (No. 51 printed in part A of 13th that sought to reduce the amount of funding H. Rept. 116–111) that sought to specify that none provided by Division D by 2.1 percent across-the- of the funds made available by this act may be used

VerDate Sep 11 2014 09:43 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN9.REC D18JNPT1 D690 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 2019 for research on the Long Range Stand Off Weapon lion and decreases Fossil Fuel Research and Develop- (LRSO) (by a recorded vote of 138 ayes to 239 noes ment by 2.4 million; Castor (FL) (No. 83) that seeks with one answering ‘‘present’’, Roll No. 353). to none of the funds made available in this Act may Pages H4727–28, H4765 be used to finalize the Department of Energy’s pro- Withdrawn: posed rule to rollback efficiency standards for certain Lipinski amendment (No. 19 printed in part A of light bulbs; Bera (No. 88) that seeks to increase and H. Rept. 116–111) that was offered and subse- decrease Reclamation’s Water and Related Resources quently withdrawn that would have increased and Account by $2 million to support the WaterSmart decreased the Research, Development, Test and Eval- Program; Brendan F. Boyle (PA) (No. 94) that seeks uation, Defense-wide account by $10 million in to prevent funds from being used to reject any appli- order to redirect $10 million within the RDTE ac- cation for a grant due to the use of the term ‘‘global count to be used for the National Security Innova- warming’’ or the term ‘‘climate change’’ in the ap- tion Network, for the purpose of expanding the plication; Omar (No. 105) that seeks to clarify that Hacking for Defense course to more universities the Department of Energy’s Section 1703 Loan Pro- across the United States; Pages H4716–17 gram is providing loans only to clean energy projects Dingell amendment (No. 29 printed in part A of that avoid, reduce, or sequester air pollutants or H. Rept. 116–111) that was offered and subse- human-caused emissions of greenhouse gases; Lee quently withdrawn that would have increased fund- (NV) (No. 106) that seeks to increase funding for ing for research, development, test and evaluation by ARPA–E by $3 million and decreases funding for $20 million for arthritis research within the Con- Department of Energy Departmental Funds $3 mil- gressionally Directed Medical Research Program lion; and Garcı´a (No. 108) that seeks to increase (CDMRP); Page H4720 funding for Energy Efficiency and Renewable Energy Kuster (NH) amendment (No. 33 printed in part (EERE) by $5 million and reduce funding for Fossil A of H. Rept. 116–111) that was offered and subse- Fuel Research and Development by $5 million; quently withdrawn that would have increased funding to upgrade oxygen life support systems on Ohio Pages H4741–43 Kaptur en bloc amendment No. 4 consisting of Class submarine by $11,969,000; and Page H4720 Crow amendment (No. 60 printed in part A of H. the following amendments printed in part A of H. Rept. 116–111) that was offered and subsequently Rept. 116–111: Fleischmann (No. 66) that seeks to withdrawn that would have increased funding increase and decrease the Weapons Activities account through the Defense Health Program for research for by $123 million for construction of critical infra- amyotrophic lateral sclerosis (ALS) by $20 million. structure in NNSA; Norton (No. 67) that seeks to Page H4729 increase and decrease $5 million from the Investiga- Proceedings Postponed: tions fund to instruct USACE to prioritize funding Burgess amendment (No. 63 printed in part A of for the Anacostia Watershed Restoration Program; H. Rept. 116–111) that seeks to reduce spending in Wilson (SC) (No. 68) that seeks to increase and de- Division E by 5 percent; Pages H4738–39 crease by $6.5 million from the Defense Environ- Burgess amendment (No. 64 printed in part A of mental Cleanup account to highlight the Savannah H. Rept. 116–111) that seeks to strike Section 108 River Community and Regulatory Support under the in Division E that prohibits any funding being used Savannah River Site; Vela´zquez (No. 69) that seeks for border security infrastructure along the southern to increase and decrease the Army Corps of Engi- border; Pages H4739–41 neers construction projects account by $45,000,000 Kaptur en bloc amendment No. 3 consisting of to support Cano Martin Pena environmental restora- the following amendments printed in part A of H. tion project in San Juan, Puerto Rico and combat Rept. 116–111: Wasserman Schultz (No. 65) that the environmental degradation and persistent flood- seeks to state that none of the funds made available ing that disadvantages communities abutting the by this Act may be used to issue a permit under sec- channel, as evidenced by Hurricanes Irma and Maria; tion 404 of the Federal Water Pollution Control Act Graves (MO) (No. 70) that moves $4 million from for the discharge of dredged or fill material from a the Bureau of Reclamation and add $4 million to project within Water Conservation Areas in the Ev- the Army Corps funding for investigations; the in- erglades; Langevin (No. 71) that seeks to plus and tent of this amendment is for the $4 million added minus of $5 million within the Defense Nuclear to conduct investigations be used to study natural Nonproliferation account in support of low-enriched disasters that occurred in 2019, such as flooding in uranium (LEU) research for naval reactors at the the Midwest; Walberg (No. 72) that seeks to in- NNSA; Grijalva (No. 73) that seeks to increase Of- crease funding for the office of Cybersecurity, Energy fice of Indian Energy Policy and Program by 2 mil- Security, and Emergency Response (CESER) at the

VerDate Sep 11 2014 09:43 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN9.REC D18JNPT1 June 18, 2019 CONGRESSIONAL RECORD — DAILY DIGEST D691 Department of Energy by $3 million to improve cy- seeks to increase and decrease by $2 million within bersecurity and emergency response for the bulk the Water and Related Resources Account in order power system; Richmond (No. 74) that seeks to in- to support projects with a public health benefit; crease the Army Corps of Engineers Operations and Rouzer (No. 93) that seeks to decrease funding for Maintenance accounts by $4,000,000 and decrease the Office of the Assistant Secretary of the Army for the Administration Expenses account by the same Civil Works by $2,000,000 and increase funding for amount; Richmond (No. 75) that seeks to increase the Army Corps of Engineers Operations and Main- and decrease funding to the Army Corps of Engi- tenance account by the same amount to carry out neers Operation and Maintenance Accounts by Section 1149 of the WIIN Act (Public Law $75,000,000 for dredging activities; Richmond (No. 114–322); Estes (No. 95) that seeks to add and re- 76) that seeks to provide $5 million for construction move five million to highlight the importance of projects under the Army Corps of Engineers for the properly funding Bureau of Reclamation ground construction of Louisiana Coastal Area Beneficial Use water restoration projects; Plaskett (No. 98) that of Dredged Material restoration projects with an off- seeks to increase and decrease the Army Corps of En- set from Corps of Engineers expenses; Lipinski (No. gineers construction projects account by $100 mil- 77) that seeks to redirect $15,000,000 within the lion to support projects related to flood and storm Department of Energy Office of Science account to- damage reduction; Cloud (No. 99) that seeks to wards the Argonne Leadership Computing Facility; transfer $3 million from the DOE Departmental Ad- McKinley (No. 78) that seeks to transfer $3 million ministration account to Nuclear Energy Research from the Departmental Administration account to and Development account; Cloud (No. 100) that the Fossil Energy Research and Development ac- seeks to transfer $3 million from DOE Departmental count; Loebsack (No. 79) that seeks to increase and Administration account to Fossil Energy Research then reduce the Energy Efficiency and Renewable and Development account; Blunt Rochester (No. Energy account by $5,000,000 with the intent of 101) that seeks to add and remove $1 million from supporting the advancement of distributed wind the Army Corps of Engineers Investigations account technologies and research; Welch (No. 81) that seeks for the purpose of instructing the Army Corps of to increase and decrease by $40 million funding Engineers to review all existing projects for which within the Army Corps Construction account (Divi- they are in arrears with project partners across the sion E) to fund dam rehabilitation work authorized country, such as the Indian River Inlet project in by Section 3202 of the 2018 America’s Water Infra- Delaware; Lamb (No. 102) that seeks to reduce and structure Act; Kuster (NH) (No. 82) that seeks to increase funding to the Office of Nuclear Energy by increase funding to the Northern Border Regional $1 million to emphasize the importance of research Commission, a rural economic development agency into increasing the cost effectiveness and efficiency of that supports job creation efforts and infrastructure the domestic commercial nuclear fleet; O’Halleran projects in economically distressed rural commu- (No. 104) that seeks to increase the Department of nities; Perry (No. 84) that seeks to decrease funding Energy Efficiency and Renewable Energy Account by for departmental administration by $2 million and $1 million to support the Solar Ready Vets Program; increase money for the Water Power Technologies Rouda (No. 107) that seeks to add and remove $5 Office within the Energy Efficiency and Renewable million from the Corps of Engineers construction ac- Energy Program by the same amount; Foster (No. count for the purpose of highlighting the need to re- 85) that seeks to add and remove a dollar from this authorize Section 1043 of the Water Resources Re- account for the purpose of instructing the National form and Development Act of 2014 and to include Academies of Sciences, Engineering, and Medicine to necessary changes to the pilot program in its reau- include a review of accelerator driven systems in its thorization; Levin (CA) (No. 109) that seeks to pro- evaluation of the merits and viability of different nu- vide funding for the Federal Energy Regulatory clear fuel cycles and technology options, including Commission to finalize its rulemaking on aggregated both existing and future technologies; Hudson (No. distributed energy resource participation in wholesale 86) that seeks to increase and decrease energy markets; Craig (No. 110) that seeks to in- $1,317,808,000 from the Department of Energy’s crease by $1 million the funding for the Army Corps Office of Nuclear Energy for the purpose of creating of Engineers Investigations Account intended to be a pilot program to provide energy resilience to De- directed towards the National Flood Risk Manage- partment of Defense and Department of Energy fa- ment and Flood Damage data Programs to address cilities by contracting with a commercial entity to flood planning for disaster prone regions; increase by site, construct, and operate a micro-reactor; Bera $1 million the funding for the Army Corps of Engi- (No. 87) that seeks to increase funding for the Na- neers Operations and Maintenance account intended tional Levee Safety Inventory; Ruiz (No. 92) that to be directed towards the Corps Water Management

VerDate Sep 11 2014 09:43 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN9.REC D18JNPT1 D692 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 2019 System (CWMS) to assist river flow tracking during Meeting Hour: Agreed by unanimous consent that flooding; Craig (No. 111) that seeks to increase and when the House adjourns today, it adjourn to meet decrease by $7.5 million for the Beneficial Use of at 10 a.m. tomorrow, June 19th for Morning Hour Dredged Material Pilot Program for the Army Corps debate. Page H4768 of Engineers; McAdams (No. 112) that seeks to in- Consensus Calendar: Representative Lofgren pre- crease funds by $5 million to the Central Utah sented to the clerk a motion to place on the Con- Project Completion Act account for the purposes of sensus Calendar the bill H.R. 1044, to amend the completing water project development and decrease Immigration and Nationality Act to eliminate the funding by $4 million from the Bureau of Reclama- per-country numerical limitation for employment- tion administrative account and decrease funding by based immigrants, to increase the per-country nu- $2 million from the Policy and Administration ac- merical limitation for family-sponsored immigrants, count; and Levin (MI) (No. 113) that seeks to in- it having accumulated 290 cosponsors. Page H4769 crease and decrease funding for construction of certain river, harbor, flood and storm damage and re- Presidential Message: Read a message from the lated projects by $30 million in order to prioritize President wherein he notified Congress that the na- $30 million in funding for ongoing efforts to im- tional emergency declared with respect to the West- prove water quality in Lake St. Clair, Michigan, in- ern Balkans is to continue in effect beyond June 26, cluding by improving the Chapaton Retention 2019—referred to the Committee on Foreign Affairs Basin, a Macomb County Combined Sewer Overflow and ordered to be printed (H. Doc. 116–41). System; Pages H4743–45 Pages H4705–06 Mullin amendment (No. 89 printed in part A of Senate Message: Message received from the Senate H. Rept. 116–111) that seeks to prohibit the use of by the Clerk and subsequently presented to the funds to prepare, propose, or promulgate any regula- House today appears on page H4705. tion or guidance that references or relies on analysis of the cost of social carbon under certain Technical Quorum Calls—Votes: One yea-and-nay vote and Support Documents published by the Interagency thirty-two recorded votes developed during the pro- Working Group on Social Cost of Carbon; ceedings of today and appear on pages H4731–32, H4732–33, H4733, H4733–34, H4734–35, H4735, Pages H4745–46 Huffman amendment (No. 90 printed in part A H4735–36, H4736–37, H4737, H4737–38, H4751, of H. Rept. 116–111) that seeks to state that none H4752, H4752–53, H4753–54, H4754, H4754–55, of the funds in this act can be used for the Army H4756, H4756–57, H4757, H4757–58, H4758–59, Corps of Engineers to finalize the environmental im- H4759, H4759–60, H4760–61, H4761, H4761–62, pact statement for the proposed Pebble Mine project; H4762–63, H4763, H4763–64, H4764–65, H4765, Pages H4746–48 H4765–66, and H4766–67. There were no quorum Graves (LA) amendment (No. 91 printed in part calls. A of H. Rept. 116–111) that seeks to strike section Adjournment: The House met at 12 noon and ad- 106 of division E, which states that none of the journed at 1:11 a.m. on Wednesday, June 19, 2019. funds made available by this Act may be used to reorganize or to transfer the Civil Works functions or Committee Meetings authority of the Corps of Engineers or the Secretary of the Army to another department or agency; and COMMERCE, JUSTICE, SCIENCE, AND Pages H4748–50 RELATED AGENCIES APPROPRIATIONS Banks amendment (No. 97 printed in part A of ACT, 2020 H. Rept. 116–111) that seeks to reduce spending for Committee on Rules: Full Committee held a hearing on each amount in Division E, except those amounts H.R. 3055, the ‘‘Commerce, Justice, Science, and made available to the Department of Defense, by 14 Related Agencies Appropriations Act, 2020’’ [Com- percent. Page H4750 merce, Justice, Science, Agriculture, Rural Develop- Res. 431, the rule providing for consideration of ment, Food and Drug Administration, Interior, En- the bill (H.R. 2740) and the resolution (H. Res. vironment, Military Construction, Veterans Affairs, 430) was agreed to Tuesday, June 11th. Transportation, and Housing and Urban Develop- H. Res. 436, the rule providing for further con- ment Appropriations Act, 2020]. The Committee sideration of the bill (H.R. 2740) was agreed to granted, by record vote of 8–4, a structured rule Wednesday, June 12th. providing for consideration of H.R. 3055, the ‘‘Com- Recess: The House recessed at 11:24 p.m. and re- merce, Justice, Science, Agriculture, Rural Develop- convened at 1:09 a.m. on Wednesday, June 19, ment, Food and Drug Administration, Interior, En- 2019. Page H4767 vironment, Military Construction, Veterans Affairs,

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The rule provides that Committee Print 116–18, modified by the amend- during the further consideration of H.R. 2740, the ment printed in Part A of the report, shall be con- amendment printed in part C of the Rules Com- sidered as adopted and the bill, as amended, shall be mittee report shall be considered as adopted in the considered as read. The rule waives all points of House and in the Committee of the Whole. The order against provisions in the bill, as amended, for question of the adoption of further amendments to failure to comply with clause 2 of rule XXI. The H.R. 2740 reported from the Committee of the rule provides that clause 2(e) of rule XXI shall not Whole shall be put to the House en gros and with- apply during consideration of the bill. The rule out division of the question. The rule provides that makes in order only those further amendments printed in Part B of the Rules Committee report not con- during consideration of H.R. 3055 or during the sidered as part of amendments en bloc, amendments further consideration of H.R. 2740, the Chair may en bloc described in section 3, and pro forma entertain a motion that the Committee rise only if amendments described in section 4. Each amend- offered by the chair of the Committee on Appropria- ment printed in the report not considered as part of tions or her designee. The Chair may not entertain amendments en bloc may be offered only in the a motion to strike out the enacting words of the bill. order printed in the report, may be offered only by The rule provides that on any legislative day during a Member designated in the report, shall be consid- the period from June 28, 2019, through July 8, ered as read, shall be debatable for the time specified 2019: the Journal of the proceedings of the previous in the report equally divided and controlled by the day shall be considered as approved; and the Chair proponent and an opponent, may be withdrawn by may at any time declare the House adjourned to the proponent at any time before action thereon, meet at a date and time to be announced by the shall not be subject to amendment except as pro- Chair in declaring the adjournment. The rule provided by Section 4, and shall not be subject to a de- vides that the Speaker may appoint Members to per- mand for division of the question. The rule waives form the duties of the Chair for the duration of the all points of order against the amendments printed period addressed by section 9 of the resolution. The in Part B of the report or against amendments en rule provides that each day during the period ad- bloc described in section 3. The rule provides that dressed by section 9 of the resolution shall not con- the chair of the Committee on Appropriations or her stitute a legislative day for the purposes of clause 7 designee may offer amendments en bloc consisting of of rule XV. The rule provides for consideration of amendments printed in the report not earlier dis- concurrent resolutions providing for adjournment posed of. Amendments en bloc shall be considered as during the month of July, 2019. The rule provides read, shall be debatable for 20 minutes equally di- that it shall be in order at any time on the legisla- vided and controlled by the chair and ranking mi- tive day of June 27, 2019, for the Speaker to enter- nority member of the Committee on Appropriations tain motions that the House suspend the rules as or their designees, shall not be subject to amend- though under clause 1 of rule XV, and that the ment except as provided by section 4, and shall not Speaker or her designee shall consult with the Mi- be subject to a demand for division of the question. nority Leader or his designee on the designation of The rule provides that the chair and ranking minor- any matter for consideration pursuant to this section. ity member of the Committee on Appropriations or Testimony was heard from Representatives Serrano, their designees may offer up to 15 pro forma amendments each at any point for the purpose of debate. Aderholt, Price of North Carolina, Diaz-Balart, The rule provides that at the conclusion of consider- Bishop of Georgia, Fortenberry, McCollum, Joyce of ation of the bill for amendment the Committee shall Ohio, Wasserman Schultz, Carter of Texas, Allen, rise and report the bill, as amended, to the House Balderson, Barr, Gianforte, Sablan, Grothman, with such further amendments as may have been Schneider, Lesko, Pence, Rutherford, Schweikert, and adopted. The question of such further amendments’ Stauber. adoption shall be put to the House en gros and without division of the question. The rule provides

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E. Evans killed on June 3, 1969, S. 1152, to provide for Joint Meetings the transfer of administrative jurisdiction over certain par- NON-ASYLUM PROTECTION cels of Federal land in Arlington, Virginia, S. 1582, to establish the White Sands National Park in the State of Commission on Security and Cooperation in Europe: On New Mexico as a unit of the National Park System, and Friday, June 14, 2019, Commission received a brief- S. 1705, to authorize the Every Word We Utter Monu- ing on non-asylum protection in the United States ment to establish a commemorative work in the District and the European Union from Jill H. Wilson, Ana- of Columbia and its environs, 10 a.m., SD–366. lyst in Immigration Policy, Congressional Research Committee on Environment and Public Works: business Service, Library of Congress; Sui Chung, Immigra- meeting to consider S. 1345, to amend and reauthorize tion Law and Litigation Group, on behalf of the the Morris K. Udall and Stewart L. Udall Foundation American Immigration Lawyers Association, and Act, S. 1833, to transfer a bridge over the Wabash River Marleine Bastien, Haitian Women of Miami, Inc., to the New Harmony River Bridge Authority and the both of Miami, Florida; and Catherine Woollard, Eu- New Harmony and Wabash River Bridge Authority, S. ropean Council on Refugees and Exiles, Brussels, 1014, to establish the Route 66 Centennial Commission, Belgium. S. 349, to require the Secretary of Transportation to request nominations for, and make determinations regard- f ing, roads to be designated under the national scenic by- ways program, S. 1507, to include certain perfluoroalkyl COMMITTEE MEETINGS FOR WEDNESDAY, and polyfluoroalkyl substances in the toxics release inven- JUNE 19, 2019 tory, S. 1689, to permit States to transfer certain funds (Committee meetings are open unless otherwise indicated) from the clean water revolving fund of a State to the drinking water revolving fund of the State in certain cir- Senate cumstances, and the nominations of Robert Wallace, of Committee on Appropriations: business meeting to markup Wyoming, to be Assistant Secretary for Fish and Wild- an original bill entitled, ‘‘Emergency Supplemental Ap- life, Department of the Interior, and William B. propriations for Humanitarian Assistance and Security at Kilbride, to be a Member of the Board of Directors of the Southern Border, 2019’’, 10:30 a.m., SD–106. the Tennessee Valley Authority, and 41 General Services Committee on Armed Services: with the Committee on Administration resolutions, 9:30 a.m., SD–406. Foreign Relations, to receive a closed joint briefing on Committee on Foreign Relations: to hold hearings to exam- Iran’s recent escalation and United States policy re- ine the nominations of Kelly Craft, of Kentucky, to be sponses, 2 p.m., SVC–217. the Representative of the United States of America to the Committee on the Budget: to hold hearings to examine United Nations, with the rank and status of Ambassador fixing a broken budget process, focusing on lessons from and the Representative of the United States of America states, 2:30 p.m., SD–608. in the Security Council of the United Nations, and to be Committee on Commerce, Science, and Transportation: to Representative of the United States of America to the hold hearings to examine the Fixing America’s Surface Sessions of the General Assembly of the United Nations Transportation Act reauthorization, focusing on transpor- during her tenure of service as Representative of the tation and safety issues, 10 a.m., SH–216. United States of America to the United Nations, 10:15 Committee on Energy and Natural Resources: Subcommittee a.m., SD–419. on National Parks, to hold hearings to examine S. 225, Full Committee, with the Committee on Armed Serv- to provide for partnerships among State and local govern- ices, to receive a closed joint briefing on Iran’s recent es- ments, regional entities, and the private sector to pre- calation and United States policy responses, 2 p.m., serve, conserve, and enhance the visitor experience at na- SVC–217. tionally significant battlefields of the American Revolu- Committee on Homeland Security and Governmental Affairs: tion, War of 1812, and Civil War, S. 298, to establish business meeting to consider S. 1867, to amend the the Springfield Race Riot National Historic Monument Homeland Security Act of 2002 to establish in the De- in the State of Illinois, S. 327, to amend the Federal partment of Homeland Security an Unmanned Aircraft Lands Recreation Enhancement Act to provide for a life- Systems Coordinator, S. 1877, to establish procedures and time National Recreational Pass for any veteran with a consequences in the event of a failure to complete regular service-connected disability, S. 389, to authorize the Soci- appropriations, S. 1869, to require the disclosure of own- ety of the First Infantry Division to make modifications ership of high-security space leased to accommodate a to the First Division Monument located on Federal land Federal agency, S. 1539, to amend the Homeland Secu- in Presidential Park in the District of Columbia, S. 641, rity Act of 2002 to provide funding to secure nonprofit to update the map of, and modify the maximum acreage facilities from terrorist attacks, S. 1419, to require agen- available for inclusion in, the Yucca House National cies to publish an advance notice of proposed rule making Monument, S. 774, to adjust the boundary of the Santa for major rules, S. 1151, to prohibit contracting with Monica Mountains National Recreation Area to include persons that have business operations with the Maduro re- the Rim of the Valley Corridor, S. 849, to provide for gime, S. 1521, to amend section 327 of the Robert T. the inclusion on the Vietnam Veterans Memorial Wall of Stafford Disaster Relief and Emergency Assistance Act to the names of the lost crew members of the U.S.S. Frank clarify that National Urban Search and Rescue Response

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System task forces may include Federal employees, S. enforcement agencies to report on cases of missing or 1004, to increase the number of U.S. Customs and Bor- murdered Indians, 2:30 p.m., SD–628. der Protection Office of Field Operations officers and sup- Committee on the Judiciary: to hold hearings to examine port staff and to require reports that identify staffing, in- combating kleptocracy, focusing on beneficial ownership, frastructure, and equipment needed to enhance security at money laundering, and other reforms, 10 a.m., SD–226. ports of entry, S. 1846, to amend the Homeland Security Committee on Small Business and Entrepreneurship: to hold Act of 2002 to provide for engagements with State, local, hearings to examine the Small Business Administration’s Tribal, and territorial governments, S. 1874, to amend Office of Disaster Assistance and the response to recent title 40, United States Code, to require the Administrator catastrophic floods, 2:30 p.m., SR–428A. of General Services to procure the most life-cycle cost ef- Committee on Veterans’ Affairs: to hold hearings to exam- fective and energy efficiency lighting products and to ine leveraging veteran networks to tackle suicide, focus- issue guidance on the efficiency, effectiveness, and econ- ing on harnessing the power of community, 2:30 p.m., omy of those products, S. 764, to provide for congres- SR–418. sional approval of national emergency declarations, S. Special Committee on Aging: to hold hearings to examine 979, to amend the Post-Katrina Emergency Management the complex web of prescription drug prices, focusing on Reform Act of 2006 to incorporate the recommendations examining agency efforts to further competition and in- made by the Government Accountability Office relating crease affordability, 9 a.m., SD–562. to advance contracts, S. 731, to amend the Anti-Border Corruption Act of 2010 to authorize certain polygraph House waiver authority, S. 734, to leverage Federal Government procurement power to encourage increased cybersecurity Committee on the Budget, Full Committee, hearing enti- for Internet of Things devices, S. 1272, to designate the tled ‘‘Poverty in America: Economic Realities of Strug- facility of the United States Postal Service located at 575 gling Families’’, 10 a.m., 210 Cannon. Dexter Street in Central Falls, Rhode Island, as the ‘‘Eliz- Committee on Education and Labor, Full Committee, hear- abeth Buffum Chace Post Office’’, S. 1759, to designate ing entitled ‘‘Innovation to Improve Equity: Exploring the facility of the United States Postal Service located at High-Quality Pathways to a College Degree’’, 10:15 a.m., 456 North Meridian Street in Indianapolis, Indiana, as 2175 Rayburn. the ‘‘Richard G. Lugar Post Office Building’’, H.R. 150, Committee on Energy and Commerce, Subcommittee on to modernize Federal grant reporting, H.R. 1198, to des- Oversight and Investigations, hearing entitled ‘‘Protecting ignate the facility of the United States Postal Service lo- Title X and Safeguarding Quality Family Planning Care’’, cated at 404 South Boulder Highway in Henderson, Ne- 10 a.m., 2123 Rayburn. vada, as the ‘‘Henderson Veterans Memorial Post Office Subcommittee on Energy, hearing entitled ‘‘Legislative Building’’, H.R. 1449, to designate the facility of the Solutions to Make Our Nation’s Pipelines Safer’’, 10:30 United States Postal Service located at 3033 203rd Street a.m., 2322 Rayburn. in Olympia Fields, Illinois, as the ‘‘Captain Robert L. Committee on Financial Services, Subcommittee on Na- Martin Post Office’’, and the nominations of Chad F. tional Security, International Development, and Monetary Wolf, of Virginia, to be Under Secretary for Strategy, Policy, hearing entitled ‘‘Promoting Economic Growth: Policy, and Plans, Jeffrey Byard, of Alabama, to be Ad- The Impact of Recent Trade Policies on the U.S. Econ- ministrator of the Federal Emergency Management Agen- omy’’, 10 a.m., 2128 Rayburn. cy, and Troy D. Edgar, of California, to be Chief Finan- Subcommittee on Investor Protection, Entrepreneur- cial Officer, all of the Department of Homeland Security, ship, and Capital Markets, hearing entitled ‘‘Putting In- John McLeod Barger, of California, to be a Governor of the United States Postal Service, and B. Chad Bungard, vestors First: Examining Proposals to Strengthen Enforce- of Maryland, to be a Member of the Merit Systems Pro- ment Against Securities Law Violators’’, 2 p.m., 2128 tection Board, 9:30 a.m., SD–342. Rayburn. Committee on Indian Affairs: business meeting to con- Committee on Foreign Affairs, Subcommittee on the Mid- sider S. 1211, to provide for improvements to Tribal dle East, North Africa, and International Terrorism, hear- transportation facilities and Tribal transportation safety, ing entitled ‘‘Oversight of the Trump Administration’s and H.R. 1388, to take lands in Sonoma County, Cali- Iran Policy’’, 2 p.m., 2172 Rayburn. fornia, into trust as part of the reservation of the Lytton Committee on Homeland Security, Full Committee, mark- Rancheria of California; to be immediately followed by a up on H.R. 3256, the ‘‘Protecting and Securing Chemical hearing to examine S. 227, to direct the Attorney General Facilities from Terrorist Attacks Act of 2019’’, 10 a.m., to review, revise, and develop law enforcement and justice 310 Cannon. protocols appropriate to address missing and murdered Committee on the Judiciary, Subcommittee on the Con- Indians, S. 288, to amend the Indian Civil Rights Act stitution, Civil Rights, and Civil Liberties, hearing enti- of 1968 to extend the jurisdiction of tribal courts to tled ‘‘H.R. 40 and the Path to Restorative Justice’’, 10 cover crimes involving sexual violence, S. 290, to protect a.m., 2141 Rayburn. Native children and promote public safety in Indian Committee on Natural Resources, Full Committee, markup country, S. 982, to increase intergovernmental coordina- on H.R. 182, to extend the authorization for the Cape tion to identify and combat violent crime within Indian Cod National Seashore Advisory Commission; H.R. 205, lands and of Indians, and S. 1853, to require Federal law the ‘‘Protecting and Securing Florida’s Coastline Act of

VerDate Sep 11 2014 09:43 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN9.REC D18JNPT1 D696 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 2019 2019’’; H.R. 759, the ‘‘Ysleta del Sur Pueblo and Ala- CONGRESSIONAL PROGRAM AHEAD bama-Coushatta Tribes of Texas Equal and Fair Oppor- tunity Settlement Act’’; H.R. 1088, the ‘‘First Infantry Week of June 19 through June 21, 2019 Recognition of Sacrifice in Theater Act’’; H.R. 1225, the ‘‘Restore Our Parks and Public Lands Act’’; H.R. 1305, Senate Chamber the ‘‘Albatross and Petrel Conservation Act’’; H.R. 1365, to make technical corrections to the Guam World War On Wednesday, Senate will resume consideration of II Loyalty Recognition Act; H.R. 1941, the ‘‘Coastal and the nomination of Matthew J. Kacsmaryk, to be Marine Economies Protection Act’’; H.R. 2427, the United States District Judge for the Northern Dis- ‘‘Chesapeake Bay Gateways and Watertrails Network Re- trict of Texas, post-cloture. authorization Act of 2019’’; H.R. 2490, to amend the At 3:30 p.m., Senate will vote on confirmation of National Trails System Act to direct the Secretary of the the nominations of Matthew J. Kacsmaryk, to be Interior to conduct a study on the feasibility of desig- United States District Judge for the Northern Dis- nating the Chief Standing Bear National Historic Trail, trict of Texas, Allen Cothrel Winsor, to be United and for other purposes; H.R. 3195, the ‘‘Land and Water States District Judge for the Northern District of Conservation Fund Permanent Funding Act’’, 10 a.m., 1324 Longworth. Florida, James David Cain, Jr., to be United States Committee on Oversight and Reform, Full Committee, District Judge for the Western District of Louisiana, hearing entitled ‘‘Medical Experts: Inadequate Federal and Greg Gerard Guidry, to be United States Dis- Approach to Opioid Treatment and the Need to Expand trict Judge for the Eastern District of Louisiana. Care’’, 10 a.m., 2154 Rayburn. Following disposition of the nomination of Greg Committee on Rules, Full Committee, hearing on H.R. Gerard Guidry, Senate will vote on the motion to 3055, the ‘‘Commerce, Justice, Science, and Related invoke cloture on the motion to proceed to S. 1790, Agencies Appropriations Act, 2020’’ [Commerce, Justice, National Defense Authorization Act. Science, Agriculture, Rural Development, Food and Drug During the balance of the week, Senate may con- Administration, Interior, Environment, Military Con- sider any cleared legislative and executive business. struction, Veterans Affairs, Transportation, and Housing and Urban Development Appropriations Act, 2020], 3 Senate Committees p.m., H–313 Capitol. Committee on Science, Space, and Technology, Subcommittee (Committee meetings are open unless otherwise indicated) on Energy, hearing entitled ‘‘Fossil Energy Research: Ena- Committee on Agriculture, Nutrition, and Forestry: June 20, bling our Clean Energy Future’’, 2 p.m., 2318 Rayburn. Subcommittee on Livestock, Marketing, and Agriculture Committee on Small Business, Full Committee, hearing Security, to hold closed hearings to examine certain intel- entitled ‘‘Unlocked Potential? Small Businesses in the ligence matters, 2 p.m., SH–219. Cannabis Industry’’, 11:30 a.m., 2360 Rayburn. Committee on Appropriations: June 19, business meeting Committee on Transportation and Infrastructure, Sub- to markup an original bill entitled, ‘‘Emergency Supple- committee on Aviation, hearing entitled ‘‘Status of the mental Appropriations for Humanitarian Assistance and Boeing 737 MAX: Stakeholder Perspectives’’, 10 a.m., Security at the Southern Border, 2019’’, 10:30 a.m., 2167 Rayburn. SD–106. Subcommittee on Coast Guard and Maritime Transpor- Committee on Armed Services: June 19, with the Com- tation, hearing entitled ‘‘Short Sea Shipping: Rebuilding mittee on Foreign Relations, to receive a closed joint America’s Maritime Industry’’, 2 p.m., 2167 Rayburn. briefing on Iran’s recent escalation and United States pol- Committee on Veterans’ Affairs, Subcommittee on Eco- icy responses, 2 p.m., SVC–217. nomic Opportunity, hearing entitled ‘‘Examining Mid-Se- Committee on Banking, Housing, and Urban Affairs: June mester School Closures Impact on Student Veterans Mis- 20, to hold hearings to examine outside perspectives on sion Readiness: VA’s Emergency Response and Cache the collection of beneficial ownership information, 10 Program’’, 10 a.m., HVC–210. a.m., SD–538. Subcommittee on Health, hearing entitled ‘‘Mission Committee on the Budget: June 19, to hold hearings to Readiness: VA’s Emergency Response and Cache Pro- examine fixing a broken budget process, focusing on les- gram’’, 2 p.m., HVC–210. sons from states, 2:30 p.m., SD–608. Committee on Ways and Means, Full Committee, hearing Committee on Commerce, Science, and Transportation: June entitled ‘‘The 2019 Trade Policy Agenda: Negotiations 19, to hold hearings to examine the Fixing America’s with China, Japan, the EU, and UK; new NAFTA/ Surface Transportation Act reauthorization, focusing on USMCA; U.S. Participation in the WTO; and other mat- transportation and safety issues, 10 a.m., SH–216. ters’’, 9:30 a.m., 1100 Longworth. June 20, Subcommittee on Manufacturing, Trade, and Consumer Protection, to hold an oversight hearing to ex- Joint Meetings amine the Consumer Product Safety Commission, 10:30 Commission on Security and Cooperation in Europe: to re- a.m., SD–562. ceive a briefing on international election observation in Committee on Energy and Natural Resources: June 19, Sub- the United States and beyond, 10 a.m., 2200, Rayburn committee on National Parks, to hold hearings to exam- Building. ine S. 225, to provide for partnerships among State and

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local governments, regional entities, and the private sec- and to be Representative of the United States of America tor to preserve, conserve, and enhance the visitor experi- to the Sessions of the General Assembly of the United ence at nationally significant battlefields of the American Nations during her tenure of service as Representative of Revolution, War of 1812, and Civil War, S. 298, to es- the United States of America to the United Nations, tablish the Springfield Race Riot National Historic 10:15 a.m., SD–419. Monument in the State of Illinois, S. 327, to amend the June 19, Full Committee, with the Committee on Federal Lands Recreation Enhancement Act to provide for Armed Services, to receive a closed joint briefing on a lifetime National Recreational Pass for any veteran with Iran’s recent escalation and United States policy re- a service-connected disability, S. 389, to authorize the So- sponses, 2 p.m., SVC–217. ciety of the First Infantry Division to make modifications June 20, Full Committee, to hold hearings to examine to the First Division Monument located on Federal land the nominations of Andrew P. Bremberg, of Virginia, to in Presidential Park in the District of Columbia, S. 641, be Representative of the United States of America to the to update the map of, and modify the maximum acreage Office of the United Nations and Other International Or- available for inclusion in, the Yucca House National ganizations in Geneva, with the rank of Ambassador, Monument, S. 774, to adjust the boundary of the Santa Philip S. Goldberg, of the District of Columbia, to be Monica Mountains National Recreation Area to include Ambassador to the Republic of Colombia, Doug Man- the Rim of the Valley Corridor, S. 849, to provide for chester, of California, to be Ambassador to the Common- the inclusion on the Vietnam Veterans Memorial Wall of wealth of The Bahamas, Adrian Zuckerman, of New Jer- the names of the lost crew members of the U.S.S. Frank sey, to be Ambassador to Romania, Richard B. Norland, E. Evans killed on June 3, 1969, S. 1152, to provide for of Iowa, to be Ambassador to Libya, Jonathan R. Cohen, the transfer of administrative jurisdiction over certain par- of California, to be Ambassador to the Arab Republic of cels of Federal land in Arlington, Virginia, S. 1582, to Egypt, and John Rakolta, Jr., of Michigan, to be Ambas- establish the White Sands National Park in the State of sador to the United Arab Emirates, all of the Department New Mexico as a unit of the National Park System, and of State, and other pending nominations, 9:45 a.m., S. 1705, to authorize the Every Word We Utter Monu- SD–419. ment to establish a commemorative work in the District Committee on Homeland Security and Governmental Affairs: of Columbia and its environs, 10 a.m., SD–366. June 19, business meeting to consider S. 1867, to amend June 20, Full Committee, business meeting to consider the Homeland Security Act of 2002 to establish in the the nomination of Robert Wallace, of Wyoming, to be Department of Homeland Security an Unmanned Aircraft Assistant Secretary for Fish and Wildlife, Department of Systems Coordinator, S. 1877, to establish procedures and the Interior, 9:45 a.m., SD–366. consequences in the event of a failure to complete regular June 20, Full Committee, to hold hearings to examine appropriations, S. 1869, to require the disclosure of own- opportunities and challenges for advanced geothermal en- ership of high-security space leased to accommodate a ergy development in the United States, 10 a.m., SD–366. Federal agency, S. 1539, to amend the Homeland Secu- Committee on Environment and Public Works: June 19, rity Act of 2002 to provide funding to secure nonprofit business meeting to consider S. 1345, to amend and reau- facilities from terrorist attacks, S. 1419, to require agen- thorize the Morris K. Udall and Stewart L. Udall Founda- cies to publish an advance notice of proposed rule making tion Act, S. 1833, to transfer a bridge over the Wabash for major rules, S. 1151, to prohibit contracting with River to the New Harmony River Bridge Authority and persons that have business operations with the Maduro re- the New Harmony and Wabash River Bridge Authority, gime, S. 1521, to amend section 327 of the Robert T. S. 1014, to establish the Route 66 Centennial Commis- Stafford Disaster Relief and Emergency Assistance Act to sion, S. 349, to require the Secretary of Transportation to clarify that National Urban Search and Rescue Response request nominations for, and make determinations regard- System task forces may include Federal employees, S. ing, roads to be designated under the national scenic by- 1004, to increase the number of U.S. Customs and Bor- ways program, S. 1507, to include certain perfluoroalkyl der Protection Office of Field Operations officers and sup- and polyfluoroalkyl substances in the toxics release inven- port staff and to require reports that identify staffing, in- tory, S. 1689, to permit States to transfer certain funds frastructure, and equipment needed to enhance security at from the clean water revolving fund of a State to the ports of entry, S. 1846, to amend the Homeland Security drinking water revolving fund of the State in certain cir- Act of 2002 to provide for engagements with State, local, cumstances, and the nominations of Robert Wallace, of Tribal, and territorial governments, S. 1874, to amend Wyoming, to be Assistant Secretary for Fish and Wild- title 40, United States Code, to require the Administrator life, Department of the Interior, and William B. of General Services to procure the most life-cycle cost ef- Kilbride, to be a Member of the Board of Directors of fective and energy efficiency lighting products and to the Tennessee Valley Authority, and 41 General Services issue guidance on the efficiency, effectiveness, and econ- Administration resolutions, 9:30 a.m., SD–406. omy of those products, S. 764, to provide for congres- Committee on Foreign Relations: June 19, to hold hearings sional approval of national emergency declarations, S. to examine the nominations of Kelly Craft, of Kentucky, 979, to amend the Post-Katrina Emergency Management to be the Representative of the United States of America Reform Act of 2006 to incorporate the recommendations to the United Nations, with the rank and status of Am- made by the Government Accountability Office relating bassador and the Representative of the United States of to advance contracts, S. 731, to amend the Anti-Border America in the Security Council of the United Nations, Corruption Act of 2010 to authorize certain polygraph

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waiver authority, S. 734, to leverage Federal Government neric drug or biosimilar, to foster competition, and facili- procurement power to encourage increased cybersecurity tate the efficient review of petitions filed in good faith for Internet of Things devices, S. 1272, to designate the to raise legitimate public health concerns, S. 1416, to facility of the United States Postal Service located at 575 amend the Federal Trade Commission Act to prohibit Dexter Street in Central Falls, Rhode Island, as the ‘‘Eliz- anticompetitive behaviors by drug product manufacturers, and the nominations of Daniel Aaron Bress, of California, abeth Buffum Chace Post Office’’, S. 1759, to designate to be United States Circuit Judge for the Ninth Circuit, the facility of the United States Postal Service located at Peter Joseph Phipps, of Pennsylvania, to be United States 456 North Meridian Street in Indianapolis, Indiana, as Circuit Judge for the Third Circuit, Mary S. McElroy, to the ‘‘Richard G. Lugar Post Office Building’’, H.R. 150, be United States District Judge for the District of Rhode to modernize Federal grant reporting, H.R. 1198, to des- Island, Gary Richard Brown, Diane Gujarati, Eric Ross ignate the facility of the United States Postal Service lo- Komitee, and Rachel P. Kovner, each to be a United cated at 404 South Boulder Highway in Henderson, Ne- States District Judge for the Eastern District of New vada, as the ‘‘Henderson Veterans Memorial Post Office York, Stephanie Dawkins Davis, to be United States Dis- Building’’, H.R. 1449, to designate the facility of the trict Judge for the Eastern District of Michigan, Steph- United States Postal Service located at 3033 203rd Street anie A. Gallagher, to be United States District Judge for the District of Maryland, Charles R. Eskridge III, to be in Olympia Fields, Illinois, as the ‘‘Captain Robert L. United States District Judge for the Southern District of Martin Post Office’’, and the nominations of Chad F. Texas, Lewis J. Liman, and Mary Kay Vyskocil, both to Wolf, of Virginia, to be Under Secretary for Strategy, be a United States District Judge for the Southern Dis- Policy, and Plans, Jeffrey Byard, of Alabama, to be Ad- trict of New York, Martha Maria Pacold, Mary M. Row- ministrator of the Federal Emergency Management Agen- land, and Steven C. Seeger, each to be a United States cy, and Troy D. Edgar, of California, to be Chief Finan- District Judge for the Northern District of Illinois, Jason cial Officer, all of the Department of Homeland Security, K. Pulliam, to be United States District Judge for the John McLeod Barger, of California, to be a Governor of Western District of Texas, John L. Sinatra, Jr., to be the United States Postal Service, and B. Chad Bungard, United States District Judge for the Western District of of Maryland, to be a Member of the Merit Systems Pro- New York, William Shaw Stickman IV, to be United States District Judge for the Western District of Pennsyl- tection Board, 9:30 a.m., SD–342. vania, Frank William Volk, to be United States District Committee on Indian Affairs: June 19, business meeting Judge for the Southern District of West Virginia, Jen- to consider S. 1211, to provide for improvements to Trib- nifer Philpott Wilson, to be United States District Judge al transportation facilities and Tribal transportation safe- for the Middle District of Pennsylvania, David Austin ty, and H.R. 1388, to take lands in Sonoma County, Tapp, of Kentucky, to be a Judge of the United States California, into trust as part of the reservation of the Court of Federal Claims, and Edward W. Felten, of New Lytton Rancheria of California; to be immediately fol- Jersey, to be a Member of the Privacy and Civil Liberties lowed by a hearing to examine S. 227, to direct the At- Oversight Board, 10 a.m., SD–226. torney General to review, revise, and develop law enforcement and justice protocols appropriate to address missing Committee on Small Business and Entrepreneurship: June and murdered Indians, S. 288, to amend the Indian Civil 19, to hold hearings to examine the Small Business Ad- Rights Act of 1968 to extend the jurisdiction of tribal ministration’s Office of Disaster Assistance and the re- courts to cover crimes involving sexual violence, S. 290, sponse to recent catastrophic floods, 2:30 p.m., SR–428A. to protect Native children and promote public safety in Committee on Veterans’ Affairs: June 19, to hold hearings Indian country, S. 982, to increase intergovernmental co- to examine leveraging veteran networks to tackle suicide, ordination to identify and combat violent crime within focusing on harnessing the power of community, 2:30 Indian lands and of Indians, and S. 1853, to require Fed- p.m., SR–418. eral law enforcement agencies to report on cases of miss- Select Committee on Intelligence: June 20, to hold closed ing or murdered Indians, 2:30 p.m., SD–628. hearings to examine certain intelligence matters, 2 p.m., Committee on the Judiciary: June 19, to hold hearings to SH–219. examine combating kleptocracy, focusing on beneficial Special Committee on Aging: June 19, to hold hearings to ownership, money laundering, and other reforms, 10 a.m., examine the complex web of prescription drug prices, fo- SD–226. cusing on examining agency efforts to further competition June 20, Full Committee, business meeting to consider and increase affordability, 9 a.m., SD–562. S. 1494, to amend the William Wilberforce Trafficking House Committees Victims Protection Reauthorization Act of 2008 to protect alien minors and to amend the Immigration and Na- Committee on Agriculture, June 20, Subcommittee on tionality Act to end abuse of the asylum system and es- General Farm Commodities and Risk Management, hear- tablish refugee application and processing centers outside ing entitled ‘‘How Farm Policy Helps Farmers in Adverse the United States, S. 1227, to require the Federal Trade Conditions’’, 10 a.m., 1300 Longworth. Commission to study the role of intermediaries in the June 20, Subcommittee on Nutrition, Oversight, and pharmaceutical supply chain and provide Congress with Department Operations, hearing entitled ‘‘The Potential appropriate policy recommendations, S. 440, to amend Implications of Eliminating Broad-Based Categorical Eli- title 35, United States Code, to provide that a patent gibility for SNAP Households’’, 2 p.m., 1300 Longworth. owner may not assert sovereign immunity as a defense in Committee on Education and Labor, June 20, Sub- certain actions before the United States Patent and Trade- committee on Workforce Protections, hearing entitled mark Office, S. 1224, to enable the Federal Trade Com- ‘‘Breathless and Betrayed: What is MSHA Doing to Pro- mission to deter filing of sham citizen petitions to cover tect Miners from the Resurgence of Black Lung Dis- an attempt to interfere with approval of a competing ge- ease?’’, 10:15 a.m., 2175 Rayburn.

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Committee on Energy and Commerce, June 20, Sub- Committee on Oversight and Reform, June 20, Sub- committee on Consumer Protection and Commerce; and committee on Government Operations, hearing entitled Subcommittee on Environment and Climate Change, ‘‘Ensuring Quality Health Care for Our Veterans’’, 2 joint hearing entitled ‘‘Driving in Reverse: The Adminis- p.m., 2154 Rayburn. tration’s Rollback of Fuel Economy and Clean Car Stand- Committee on Science, Space, and Technology, June 20, Full ards’’, 10 a.m., 2123 Rayburn. Committee, markup on H.R. 2528, the ‘‘STEM Opportu- June 20, Subcommittee on Health, hearing entitled nities Act of 2019’’; H.R. 36, the ‘‘Combating Sexual ‘‘Strengthening Health Care in the U.S. Territories for Harassment in Science Act of 2019’’; H.R. 3196, the Today and Into the Future’’, 10:30 a.m., 2322 Rayburn. ‘‘Vera Rubin Survey Telescope Designation Act’’; and Committee on Financial Services, June 20, Full Com- H.R. 3153, the ‘‘Expanding Findings for Federal Opioid mittee, hearing entitled ‘‘Diversity in the Boardroom; Ex- Research and Treatment Act’’, 10 a.m., 2318 Rayburn. amining Proposals to Increase the Diversity of America’s Committee on Small Business, June 20, Subcommittee on Boards’’, 10 a.m., 2128 Rayburn. Economic Growth, Tax, and Capital Access, hearing enti- June 20, Subcommittee on Housing, Community De- tled ‘‘The Importance of Accurate Census Data to Small velopment, and Insurance, hearing entitled ‘‘What’s Your Business Formation and Growth’’, 10 a.m., 2360 Ray- Home Worth? A Review of the Appraisal Industry’’, 2 burn. p.m., 2128 Rayburn. Committee on Transportation and Infrastructure, June 20, Committee on Foreign Affairs, June 20, Full Committee, markup on H.R. 3190, the ‘‘BURMA Act of 2019’’; Subcommittee on Railroads, Pipelines, and Hazardous H.R. 2327, the ‘‘Burma Political Prisoners Assistance Materials, hearing entitled ‘‘The State of the Rail Work- Act’’; H.R. 1632, the ‘‘Southeast Asia Strategy Act’’; force’’, 10 a.m., 2167 Rayburn. H.R. 3194, the ‘‘NATO Defense Financing Act’’; H.R. Committee on Veterans’ Affairs, June 20, Subcommittee 3206, to impose sanctions with respect to the provision on Disability Assistance and Memorial Affairs, hearing of certain vessels for the construction of Russian energy entitled ‘‘Ensuring Access to Disability Benefits for Vet- export pipelines; H.R. 3252, the ‘‘Global Respect Act’’; erans Survivors of Military Sexual Trauma’’, 10 a.m., H. Res. 259, expressing the sense of the House of Rep- HVC–210. resentatives to support the repatriation of religious and June 20, Full Committee, business meeting to assign ethnic minorities in Iraq to their ancestral homelands; H. Representative Gregorio Kilili Camacho Sablan of North- Res. 432, condemning the attacks on peaceful protesters ern Mariana Islands to the Health Subcommittee, 2 p.m., and supporting an immediate peaceful transition to a ci- HVC–210. vilian-led democratic government in Sudan; H. Res. 441, June 20, Full Committee, hearing on H.R. 2943, to condemning the attack on the AMIA Jewish Community direct the Secretary of Veterans Affairs to make all fact Center in Buenos Aires, Argentina, in July 1994 and ex- sheets of the Department of Veterans Affairs in English pressing the concern of the United States regarding the and Spanish; H.R. 2942, to direct the Secretary of Vet- continuing, 25-year-long delay in the resolution of this erans Affairs to carry out the Women’s Health Transition case and encouraging accountability for the attack; H.R. 2529, the ‘‘Richard G. Lugar and Ellen O. Tauscher Act Training pilot program through at least fiscal year 2020, to Maintain Limits on Russian Nuclear Forces’’; H. Res. and for other purposes; H.R. 2676, the ‘‘VA Survey of 444, reaffirming the importance of the United States to Cannabis Use Act’’; H.R. 2677, to require the Secretary promote the safety, health, and well-being of refugees and of Veterans Affairs to provide training in the use of med- displaced persons; and H.R. 2229, the ‘‘First Responders ical cannabis for all Department of Veterans Affairs pri- Passport Act of 2019’’, 10 a.m., 2172 Rayburn. mary care providers, and for other purposes; H.R. 712, June 20, Subcommittee on Oversight and Investiga- the ‘‘VA Medicinal Cannabis Research Act of 2019’’; tions, hearing entitled ‘‘The State Department and H.R. 1647, the ‘‘Veterans Equal Access Act’’; H.R. 3083, USAID FY 2020 Operations Budget’’, 3 p.m., 2172 Ray- the ‘‘AIR Acceleration Act’’; H.R. 485, the ‘‘VREASA’’; burn. legislation on Specially Adaptive Housing; and legislation Committee on Homeland Security, June 20, Subcommittee on Work Study, 2:05 p.m., HVC–210. on Border Security, Facilitation, and Operations, hearing Committee on Ways and Means, June 20, Full Com- entitled ‘‘Examining the Department of Defense’s De- mittee, markup on H.R. 3298, the ‘‘The Child Care ployment to the U.S.-Mexico Border’’, 10 a.m., 310 Can- Quality and Access Act of 2019’’; H.R. 3299, the ‘‘The non. Promoting Respect for Individuals’ Dignity and Equality Committee on House Administration, June 20, Full Com- Act of 2019’’; H.R. 3300, the ‘‘The Economic Mobility mittee, hearing entitled ‘‘Oversight of the Congressional Act of 2019’’; and H.R. 3301, the ‘‘The Taxpayer Cer- Research Service’’, 10 a.m., 1310 Longworth. tainty and Disaster Tax Relief Act of 2019’’, 9:30 a.m., Committee on the Judiciary, June 20, Full Committee, 1100 Longworth. hearing entitled ‘‘Lessons from the Mueller Report, Part Select Committee on the Modernization of Congress, June 20, II: Bipartisan Perspectives’’, 10 a.m., 2141 Rayburn. Full Committee, hearing entitled ‘‘Cultivating Diversity June 21, Subcommittee on Intellectual Property and and Improving Retention Among Congressional Staff’’, 2 the Internet, hearing entitled ‘‘The Federal Judiciary in p.m., 2253 Rayburn. the 21st Century: Ideas for Promoting Ethics, Account- ability, and Transparency’’, 9 a.m., 2141 Rayburn. Joint Meetings Committee on Natural Resources, June 20, Subcommittee Commission on Security and Cooperation in Europe: June 19, on Energy and Mineral Resources, hearing entitled ‘‘Oil to receive a briefing on international election observation and Gas Development: Restoring Community Input and in the United States and beyond, 10 a.m., 2200, Rayburn Public Participation in Leasing Decisions’’, 10 a.m., 1324 Building. Longworth.

VerDate Sep 11 2014 09:43 Jun 19, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0627 Sfmt 5627 E:\CR\FM\D18JN9.REC D18JNPT1 D700 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 2019

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, June 19 10 a.m., Wednesday, June 19

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of H.R. ation of the nomination of Matthew J. Kacsmaryk, to be 2740—Departments of Labor, Health and Human Serv- United States District Judge for the Northern District of ices, and Education, and Related Agencies Appropriations Texas, post-cloture. Act, 2020. At 3:30 p.m., Senate will vote on confirmation of the Begin consideration of H.R. 3055—Commerce, Jus- nominations of Matthew J. Kacsmaryk, to be United tice, Science, and Related Agencies Appropriations Act, States District Judge for the Northern District of Texas, 2020 (Subject to a Rule). Allen Cothrel Winsor, to be United States District Judge for the Northern District of Florida, James David Cain, Jr., to be United States District Judge for the Western District of Louisiana, and Greg Gerard Guidry, to be United States District Judge for the Eastern District of Louisiana. Following disposition of the nomination of Greg Ge- rard Guidry, Senate will vote on the motion to invoke cloture on the motion to proceed to S. 1790, National Defense Authorization Act.

Extensions of Remarks, as inserted in this issue

HOUSE Grijalva, Rau´ l M., Ariz., E790 Rose, Max, N.Y., E781 Higgins, Brian, N.Y., E783 Rouda, Harley, Calif. E790 Babin, Brian, Tex., E790 Hill, Katie, Calif., E781 Rutherford, John H., Fla., E789 Banks, Jim, Ind., E785 Hudson, Richard, N.C., E789 Schneider, Bradley Scott, Ill., E784 Bergman, Jack, Mich., E785, E786 Huizenga, Bill, Mich., E782 Sensenbrenner, F. James, Jr., Wisc., E786, E788 Bustos, Cheri, Ill., E783, E786 Joyce, John, Pa., E785 Stefanik, Elise M., N.Y., E787 Collins, Doug, Ga., E786 Kaptur, Marcy, Ohio, E789 Swalwell, Eric, Calif., E784 Conaway, K. Michael, Tex., E782, E783 Kelly, Trent, Miss., E782 Thompson, Bennie G., Miss., E787 Cunningham, Joe, S.C., E790 LaHood, Darin, Ill., E785 Thompson, Mike, Calif., E783 Davis, Rodney, Ill., E786 Norcross, Donald, N.J., E781 Wittman, Robert J., Va., E786 Gianforte, Greg, Mont., E781 Norton, Eleanor Holmes, The District of Columbia, Yoho, Ted S., Fla., E785 Gottheimer, Josh, N.J., E788 E787 Zeldin, Lee M., N.Y., E789 Griffith, H. Morgan, Va., E787, E789 Reed, Tom, N.Y., E782

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