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

Vol. 164 WASHINGTON, WEDNESDAY, MARCH 21, 2018 No. 49 House of Representatives The House met at 10 a.m. and was criminal illegal aliens of impending ney General Sessions explained in Sac- called to order by the Speaker pro tem- ICE raids and placed an illegal immi- ramento a few weeks ago, if our immi- pore (Mr. SIMPSON). grant on a governing body. gration laws are not to be enforced, Mr. Speaker, these actions invoke f then our national borders mean pre- the doctrine of nullification, the dis- cisely nothing. Nations that either DESIGNATION OF SPEAKER PRO credited principle that any State or cannot or will not defend their borders TEMPORE local government that doesn’t like a simply aren’t around very long. The The SPEAKER pro tempore laid be- Federal law is free to violate it. It open borders advocated by California fore the House the following commu- formed the central legal argument that officials are suicidal for any nation. nication from the Speaker: the Southern Confederacy used in its Our Nation of immigrants depends on attempt to tear our Federal Union the enforcement of our immigration WASHINGTON, DC, apart. It ignores the supremacy clause March 21, 2018. laws. A nation that is founded of immi- I hereby appoint the Honorable MICHAEL K. of the Constitution, the enumerated gration must be able to regulate the SIMPSON to act as Speaker pro tempore on powers of Congress, and the exclusive flow and set the conditions of immigra- this day. jurisdiction given the courts to adju- tion. That is what promotes and pro- PAUL D. RYAN, dicate disputes involving the States. tects the process of assimilation, the Speaker of the House of Representatives. When South Carolina used this doc- glue that holds together a nation trine in 1832 to ignore a Federal tariff, f drawn from every continent. President Andrew Jackson sent war- Assimilation assures that uniquely MORNING-HOUR DEBATE ships to Charleston harbor, threatened American traditions and values—a to hang the instigators, and declared The SPEAKER pro tempore. Pursu- common language, a common culture, that nullification was ‘‘incompatible ant to the order of the House of Janu- and a common devotion to American with the existence of the Union, con- ary 8, 2018, the Chair will now recog- constitutional principles—are pre- tradicted expressly by the letter of the nize Members from lists submitted by served. Our immigration laws welcome the majority and minority leaders for Constitution, unauthorized by its spir- it, inconsistent with every principle on those from around the world, but they morning-hour debate. also unite us as a people. Illegal immi- The Chair will alternate recognition which it was founded, and destructive of the great object for which it was gration undermines the process of as- between the parties. All time shall be similation and makes a mockery of the equally allocated between the parties, formed.’’ Jackson and, later, Lincoln under- millions of legal immigrants who have and in no event shall debate continue stood how toxic this doctrine is to the obeyed our laws and done everything beyond 10:50 a.m. Each Member, other rule of law and to the fundamental our country has asked. than the majority and minority leaders principles of federalism. If allowed to California officials claim that they and the minority whip, shall be limited stand, the Constitution becomes impo- are not defying Federal law, but only to 5 minutes. tent, our laws become mere sugges- refusing to use State resources to en- f tions, and the Federal Union itself dis- force it. Well, Federal law is crystal integrates. clear: ‘‘A Federal, State, or local gov- THE SANCTUARY MOVEMENT AND ernment entity or official may not pro- THE DOCTRINE OF NULLIFICATION Like their Confederate predecessors, the California secessionists assert the hibit or in any way restrict any gov- The SPEAKER pro tempore. The 10th Amendment with no apparent un- ernment entity or official from sending Chair recognizes the gentleman from derstanding of it. The 10th Amendment to or receiving from the Immigration California (Mr. MCCLINTOCK) for 5 min- reserves to the States powers not dele- and Naturalization Service informa- utes. gated to the Congress. Jurisdiction tion regarding the citizenship or immi- Mr. MCCLINTOCK. Mr. Speaker, over immigration law is explicitly re- gration status, lawful or unlawful, of California’s Legislature has forbidden served to Congress and is thus denied any individual.’’ local governments from cooperating the States. The supremacy clause is Yet that is precisely what Califor- with Federal immigration authorities, equally clear that the laws made with- nia’s nullification acts do. and has even gone so far as to forbid in the constitutional authority of the They also claim they are trying to private citizens from volunteering in- Federal Government are the supreme preserve the trust of the illegal immi- formation to Federal law enforcement laws of the land. grant community to report crimes. under threat of criminal prosecution. There is good reason for immigration Well, does this mean that anyone Government officials have alerted law to be in Federal hands. As Attor- who reports a crime or talks to a police

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 00:43 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.000 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1732 CONGRESSIONAL RECORD — HOUSE March 21, 2018 officer should be immune from arrest Well, now, with the help of our Presi- who draws on her experiences as an in- for the crimes that they may have dent, you are acting on your dream. dividual with a disability whose posi- committed? Your dream is coming true. And we tive attitude inspires others to reach And what about protecting the rest have already seen an influx of States, their highest potential. of our community from criminal illegal including my own State of Wisconsin, Kayla is also a Special Olympian who aliens in our midst? submit work requirement waivers. This competes in floor hockey and bowling The Constitution commands the ex- administration has already approved tournaments. But in many ways, Kayla ecutive to ‘‘take care that the laws be three of them, and there are sure to be is living a life like any other young faithfully executed.’’ That means all more. person. She lives in Washington, D.C., laws, including our immigration laws. These attacks are unprecedented. and rides the Metro. She has a busy so- For all its sanctimony, the sanctuary Never has any administration gone this cial life. She likes sporting events and movement’s principal legal argument far to kick needy Americans off the motorcycle rides, but she is extraor- springs from the same poisoned foun- only healthcare they have. dinary and she is a role model for oth- tainhead that almost destroyed our Na- My own State’s Governor, Scott ers. tion in the Civil War. Jackson and Lin- Walker, is spearheading one of the Kayla told the Auburn Citizen news- coln understood that it must be con- most restrictive welfare reform pro- paper that she is committed to showing fronted and defeated. President Trump posals in the Nation. He wants harsh how much people with Down syndrome and Attorney General Sessions have work requirements, drug testing re- can achieve. She said: ‘‘We are most made it clear that this administration strictions, and other barriers to our definitely ready, willing, and able to do does, too. State’s most at-risk families to access anything we set our minds to, getting a job, driving a car, going to college. We f Social Services. These folks who are being targeted want to showcase our abilities, not our GOP ATTACKS ON HEALTHCARE are already struggling to find work, disabilities.’’ The SPEAKER pro tempore. The and they are marginally connected to Well, I couldn’t agree more with Chair recognizes the gentlewoman from the workforce. Kayla. After meeting this enthusiastic Wisconsin (Ms. MOORE) for 5 minutes. How does throwing them off young woman, I am certain that she is Ms. MOORE. Mr. Speaker, as you re- healthcare help? able to do anything that she puts her call, 8 years ago this week, the Afford- I say we need to uphold the ACA. mind to, and she is an outstanding am- bassador for the Down syndrome com- able Care Act became law. Since then, f we have seen a historic increase in munity. health coverage, with millions of peo- RECOGNIZING WORLD DOWN Mr. Speaker, all people with Down ple gaining access to better quality SYNDROME DAY syndrome must have opportunities to healthcare. The SPEAKER pro tempore. The contribute to the community and live Under the ACA, we saw the non- Chair recognizes the gentleman from valued lives on a full and equal basis with others in all aspects of society. elderly uninsured rate cut almost in Pennsylvania (Mr. THOMPSON) for 5 People with Down syndrome can and half, from 18 percent to 9.4 percent. In- minutes. do bring so much to the community dividuals previously denied coverage Mr. THOMPSON of Pennsylvania. wherever they live, around the world, due to preexisting conditions saw life- Mr. Speaker, I rise today, on World when given the opportunity. changing improvements in benefits and Down Syndrome Day, to celebrate the Mr. Speaker, I ask my colleagues to coverage. Seniors, who are finally able many individuals living with Down join me in celebrating World Down to spend less on Medicare coverage and syndrome who are changing the world. Syndrome Day, where we not only cele- People with Down syndrome can and prescription drugs, had a chance at a brate all the achievements of those liv- do make meaningful contributions secure and peaceful retirement. ing with Down syndrome, but we dou- In my State alone, Wisconsin, 224,000 throughout their lives, in schools, in ble down in our commitment to ensure people became covered by ACA ex- workplaces, their communities, public that no one with Down syndrome is changes. From 2013 to 2016, the number and political life, culture, media, and prevented from making meaningful of uninsured individuals declined by a more. contributions to society. They have so whopping 42 percent. Take Gerber’s adorable spokesbaby, much to give and make this world a But we all know, Mr. Speaker, that Lucas Warren, a 1-year-old from Dal- brighter place. hardworking Americans were taking ton, Georgia, whose infectious smile advantage of this less expensive, supe- set him apart from the 140,000 entries f rior healthcare coverage while, at the that Gerber received for the competi- OUTSOURCING U.S. JOBS AND same time, the GOP embarked on their tion. After Lucas made his big debut in WAGES all-out war against the ACA. I mean, February on the TODAY show, the The SPEAKER pro tempore. The they took no prisoners, hell-bent on world fell in love with him, too. Chair recognizes the gentlewoman from sabotaging, butchering, and repealing Lucas is the first child with Down Connecticut (Ms. DELAURO) for 5 min- this law at the expense of our Nation’s syndrome to win the title since Gerber utes. must vulnerable. began the competition. His parents, Ms. DELAURO. Mr. Speaker, I rise to I mean, let’s get down into the nitty- Cortney and Jason Warren, said they bring much-needed attention to a crit- gritty depths of this depravity. hope that Lucas’ story will shed light ical issue: the outsourcing of U.S. jobs Mr. Speaker, how do you think, for on the special needs community and and wages. example, that the GOP, this Congress, help more individuals with special I have been fighting on behalf of is going to pay for the $1.18 trillion def- needs be accepted, and I certainly working people to stop outsourcing, to icit hole created by these tax cuts for agree. stop sending our jobs overseas; and the richest Americans and for corpora- Another incredible person living and fighting against low-income wages that tions? thriving with Down syndrome is Kayla outsourcing has caused since the day I Mr. Speaker, you well know the an- McKeon. Kayla is the manager of came to the Congress. swer. What we are going to do is plun- grassroots advocacy for the National Right now, we have an opportunity der Medicare and Medicaid. We are Down Syndrome Society. She is the to make real progress, pushing back going to build public sentiment for first registered lobbyist with Down against outsourcing. But in order to these actions by demonizing the poor syndrome. make that opportunity reality, we can- and targeting people who already have I met Kayla not too long ago when not accept the status quo on the North limited access to jobs and healthcare. she interviewed me for her podcast, American Free Trade Agreement. Oh, come on now. We all know, Mr. Kayla’s Corner. She is upbeat and out- Any renegotiated NAFTA must Speaker, that you have been dreaming going, and that is just part of what eliminate the incentives for outsourc- about slashing Medicaid ever since you makes Kayla so special. ing jobs, raise wages, and level the were drinking at college keg parties. A native of Syracuse, New York, playing field for North American work- You said so yourself, Mr. Speaker. Kayla is also a motivational speaker ers. It is our job to ensure that the

VerDate Sep 11 2014 00:43 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.002 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE March 21, 2018 CONGRESSIONAL RECORD — HOUSE H1733 Trump administration keeps its prom- from the United States by making it After graduating from the U.S. Naval ises to the middle class, and put an end less risky. It makes it less risky for Academy, Caleb completed extensive to the outsourcing of jobs by fighting companies to move their manufac- training to become a naval aviator and for strong, enforceable labor and envi- turing to places that have a weaker was eventually assigned to Strike ronmental standards. rule of law and an underdeveloped Fighter Attack Squadron 213 based in court system. The assumption is that, Virginia Beach. Our fighter jets rep- b 1015 instead of relying upon rule of law and resent the tip of the sphere of Amer- The U.S. labor proposal in NAFTA the courts, corporations can just sue ica’s offensive air capabilities, and the must dramatically improve to stop the the taxpayers of the host country. aviators assigned to these units are outsourcing of good-paying jobs and ISDS undermines the home advan- some of the best sailors in the fleet, so the suppression of wages for working tage of a relatively well-developed it is not surprising that someone like people. Unless we rewrite NAFTA with court system and the rule of law like Caleb would find himself at VFA–213. the workers at the center of our goals, what we have here in the United While we don’t know yet the reason we will repeat the same mistakes that States. Furthermore, ISDS can be for the crash, suffice it to say that offi- we have made in the past. wielded as a weapon to threaten and cers like Caleb put their lives on the The North American Free Trade discourage efforts to raise wages, line every day. The training they do is Agreement has already facilitated the which encourages outsourcing. For ex- inherently dangerous, and it is not for outsourcing of a million American jobs ample, the Egyptian Government was the faint of heart. to Mexico where corporations can pay recently challenged by a multinational Caleb King was a big, strong, Amer- workers poverty wages and dump tox- corporation because of a raise in the ican patriot. He was an inspiration to ins into the environment before bring- minimum wage. those who knew him. He served our ing products back into the U.S. for President Trump ran on a platform country with distinction and lived up sale. that called for an end to the outsourc- to the Navy’s ethos of honor, courage, American workers and the environ- ing of good-paying jobs, yet his tax and commitment. ment lose. In fact, in 2004, in my dis- law, arguably his proudest achieve- Our thoughts and prayers go out to trict in Connecticut, we lost 300 good ment thus far, incentivizes outsourc- the King family, particularly his wife, jobs at the BIC plant in Milford, Con- ing, encourages companies to export Victoria, and daughter, Rain. necticut, because the company moved jobs by creating a lower rate for multi- America lost a promising naval flight their razor operation to Mexico. national corporations to invest abroad. officer last week in Key West. Lieuten- Beyond BIC, NAFTA had a tremen- This is nowhere near the corporate tax ant King dedicated his life to some- dously negative impact on my home rate for domestic investments. This is thing bigger than himself: serving our State in Connecticut. In fact, we lost a job killer. Nation in uniform and risking his own more than 100,000 manufacturing jobs Right now, a company that makes life to do so. That is what we call a since it was enacted and since China their wares outside of the United hero. was allowed to join the WTO—the pe- States pays up to 13 percent in U.S. f taxes. The same company making their riod between 1994 and 2016, according to SUPPORTING MAKING POR- wares in the United States pays 21 per- the Bureau of Labor Statistics. That TUGUESE CITIZENS ELIGIBLE cent in taxes on their operations. I amounts to nearly 40 percent of the FOR E1 AND E2 VISAS manufacturing jobs in Connecticut, have recently introduced a bill striking The SPEAKER pro tempore. The taking into account both jobs created the sections of the law that create this Chair recognizes the gentleman from by exports and jobs displaced by im- incentive to outsource. California (Mr. COSTA) for 5 minutes. ports. In closing, the biggest economic issue of our time is that too many people Mr. COSTA. Mr. Speaker, I rise today As these jobs moved overseas, the to urge my colleagues to join me in fos- percentage of all private sector jobs who play by the rules are in jobs that do not pay them enough to live on. tering further investment in our that are manufacturing jobs in Con- United States economy by one of our necticut declined from 20 percent to 11 They are struggling with rising costs of healthcare, with childcare, and some oldest allies, Portugal. percent during the NAFTA–WTO pe- As a co-chair of the Congressional riod. I watched and I fought against can’t even put food on the table. We need to fight for these workers. We Portuguese Caucus, I am proud to join the slow death of the Ansonia Copper should not be sending their jobs and Congressmen CICILLINE and VALADAO in and Brass Company as they suffered their wages overseas, and I will con- leading the AMIGOS Act, which will under these policies. tinue to fight outsourcing for hard- make Portuguese citizens eligible for In Connecticut, more than 25,000 working middle class Americans. The E1 and E2 visas. These visas allow indi- workers are certified as having lost stakes could not be higher. viduals to enter the United States to their job due to imports or outsourcing conduct substantial trade or invest a f under the Trade Adjustment Assist- substantial amount of capital, which ance program—companies such as Car- HONORING LIEUTENANT CALEB spurs investment in our economy and rier, Exxon Mobil, General Electric, KING helps create jobs. That is, after all, Honeywell, Northrop Grumman, Dow The SPEAKER pro tempore. The what we do with our friends, with our Chemical, The Hershey Company, 3M, Chair recognizes the gentleman from allies. and others. Florida (Mr. DESANTIS) for 5 minutes. In 2015 alone, between Portugal and So manufacturing jobs, good-paying Mr. DESANTIS. Mr. Speaker, I rise to the United States, there was $4.2 bil- jobs that you can support a family pay tribute to Lieutenant Caleb King, lion in trade. That created jobs here in with, took a big hit in Connecticut be- a naval aviator and Port Orange, Flor- the United States. It creates jobs in cause of NAFTA—workers who made ida, native who died when his F/A–18 Portugal. It is good for both countries, electrical products, medical products, Super Hornet crashed while training and that is the way friends ought to machined parts, printing products, onboard Naval Air Station Boca Chica work together. clothing, automotive parts, aircraft in Key West, Florida. There is precedent here. Congress parts, and the list goes on. Caleb King was a standout football granted eligibility for Israel in 2012 When negotiated with the workers in player at Warner Christian Academy in with the E1 and E2 visas, which allow mind, trade agreements can create jobs South Daytona. He was recruited to for easier access for businesspeople who in America, and I will hold the Trump play football at a number of colleges are engaged in these kinds of economic administration to that standard, just but chose to combine college football activities. What is more, Portugal was as I have done with every administra- with service to our country by attend- one of the first countries to recognize tion, no matter which party occupies ing the U.S. Naval Academy, and as a the United States after we declared our the White House. linebacker, he was a key component of independence and won the Revolu- Turning to investor-state dispute set- successful Navy teams that played in tionary War. tlement, or ISDS, in trade agreements, two bowl games and, most impor- For many of us, if we remember our ISDS makes it easier to outsource jobs tantly, went 4–0 against Army. history, after World War II, to defend

VerDate Sep 11 2014 00:43 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.004 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1734 CONGRESSIONAL RECORD — HOUSE March 21, 2018 Western democracies, Portugal, along and your overbearing mother implores And an entire community of parents, with the United States, helped organize you to abandon the business.’’ students, teachers, and faculty has Western Europe to create NATO, the This is what Rebecca Lukens had to been shaken by this violence. North Atlantic Treaty Organization, confront, but she didn’t give up. Re- If it had not been for the courage and that has been the bulwark of defense of becca ran the household and the busi- quick action of the school resource of- Western ideals that are the foundation ness, building it over the next few dec- ficer, Blaine Gaskill, and local law en- of our democracies. ades into a successful company that we forcement, the casualties might have For these reasons and more, I call know today as ArcelorMittal, the been far, far greater. upon my colleagues to join me in sup- world’s leading steel and mining com- Blaine Gaskill is a hero, as are the porting a commonsense, bipartisan pany. teachers, students, and other school piece of legislation, the AMIGOS Act, Women like Rebecca teach our sons personnel. which will further opportunities for and daughters that, if you work hard Tim Cameron, the sheriff of St. business in America by creating more and dream big enough, you can break Mary’s County, and the sheriff’s office, jobs and continue to enhance the rela- molds and you can achieve your goals. of which Blaine Gaskill was a member, tionship that has existed for over 200 Lastly, Mr. Speaker, I would like to responded exactly as they had prac- years between the United States and recognize Barbara Franklin. Born in ticed: efficient, effective, and caring. Portugal. Lancaster County and a graduate of Kathy O’Brien, who heads up a place f Hempfield High School, she is perhaps called Walden in our county and in best known for serving in President southern Maryland, was on site within WOMEN’S HISTORY MONTH George H.W. Bush’s Cabinet as the 29th an hour, dealing with the crisis and the The SPEAKER pro tempore. The Secretary of Commerce. mental health challenges it caused. Chair recognizes the gentleman from Following the student protests and Principal Jake Heibel made sure the Pennsylvania (Mr. SMUCKER) for 5 min- massacre in Tiananmen Square in school responded effectively. The su- utes. China, the United States imposed sanc- perintendent of schools, Dr. James Mr. SMUCKER. Mr. Speaker, I rise tions and a ban on governmental con- Smith, had made sure that the school today to recognize and honor the irre- tacts. When President Bush sought to would act in a way that was appro- placeable contributions that women normalize relations with China, Bar- priate. have made to our Nation. As pioneers bara led that effort. She reconvened We thank all of them. of industry and champions of human the U.S.-China Joint Commission on But, Mr. Speaker, our Nation is suf- rights, women have played a critical Commerce and Trade, opening new fering from a crisis of gun violence. It role in the advancement of our society. markets for American products. She has affected schools, places of worship, March is Women’s History Month, so says this is the most important thing entertainment venues, city streets, and I want to take a moment to talk about that she did as Commerce Secretary. other places where a lot of people con- just three of the many women from my Barbara was also one of the very first gregate. community who have made the world a women to graduate from Harvard Busi- No other industrialized society or na- better place. ness School. As the current president tion faces such a crisis, and that is be- One of those women is Lydia Ham- and CEO of Barbara Franklin Enter- cause, in America, our laws allow al- ilton Smith from Lancaster County, an prises, she has a reputation for break- most anybody to access dangerous fire- African-American woman, who became ing down barriers and being a leading arms, almost no questions asked. the partner and confidant of Pennsyl- voice for women’s equality and em- Furthermore, we allow the sale of as- vania Congressman Thaddeus Stevens powerment in the workplace. sault rifles of the kind used by soldiers during the Civil War and during the en- Each of the three women I have high- in the battlefield, designed to kill a lot suing debate and passage of the 13th lighted today are successful in their of people quickly. Amendment. own right. They have paved the way for In this instance, it was a handgun, a During the Battle of Gettysburg, Ms. current and future generations of Glock. I do not know the capacity of Hamilton Smith hired a horse and young people who have the same entre- the magazine that was used, but it was wagon and went out to collect food and preneurial drive. Their leadership has not an assault rifle. supplies from York, Adams, and Lan- inspired men and women, alike, and This Republican-led Congress, Mr. caster Counties. Once her wagon was has set an example of what hard work, Speaker, has chosen to follow the lead full, she traveled to the makeshift hos- determination, and standing for what of the NRA and do nothing of sub- pitals tending to wounded soldiers from you believe in looks like. stance. the battle. I have to say I am quite proud to We did pass a bill the other day that The recent excavation of Lydia Ham- have such impressive role models come gave schools some help, some grant ilton Smith’s and Thaddeus Stevens’ from my congressional district. It is money, to ensure the safety of their houses in Lancaster uncovered a pas- women like Lydia, Rebecca, Barbara, schools. That was appropriate to do. sageway that led to a tavern that is be- and many others who are shining ex- But they could do that now on their lieved to have been used to shelter es- amples of the progress our country has own. We will help, that is good, but it caped slaves. The work Lydia contrib- made over the last two centuries, who does not address the real problem. Per- uted to the Underground Railroad and give hope for the future and remind us haps that was the point. the abolition movement at large is re- of the important contributions of And America’s students, however, flective of the difficult, perilous, and women. Mr. Speaker, won’t have it. I had the humble work by women during that f opportunity last Wednesday to stand with thousands of students who walked time period to end slavery. b 1030 The next woman I would like to rec- out of their schools, walked into de- ognize today is Rebecca Lukens of A CALL FOR ACTION AGAINST mocracy, and marched to the Capitol Chester County. I would like to read an GUN VIOLENCE to call for action against gun violence. excerpt from a May 2012 piece pub- The SPEAKER pro tempore. The These young people, Mr. Speaker, lished in the Daily Local News: Chair recognizes the gentleman from displayed the best of America, using ‘‘Imagine the year is 1825. You are a Maryland (Mr. HOYER). their voices and their actions, to pro- 31-year-old mother, pregnant with your Mr. HOYER. Mr. Speaker, I am sad- mote a just cause and a worthy effort sixth child. You’ve already lost two dened and angered that the high school to make our Union more perfect. children in infancy. Your husband has in my district, Great Mills High The other Members and I who joined struggled for a dozen years to build an School, in St. Mary’s County, was the these young Americans could see that iron-making business in the rolling site of the most recent school shooting, they do not take this and other na- backcountry of Chester County on the of which there have been 17 just since tional challenges lightly. Indeed, they banks of Brandywine Creek. Suddenly the beginning of this year. had much to say about the future they he dies, leaving you alone. The iron- Two students were injured, and the want for our country and for the role works employees are ready to leave, gunman, also a student, was killed. they want to play to shape it.

VerDate Sep 11 2014 00:43 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.006 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE March 21, 2018 CONGRESSIONAL RECORD — HOUSE H1735 One of the students, Mr. Speaker, ago, these young leaders are calling to Thou present, O God of wisdom, and di- from Maryland, Matt Post, spoke ex- our conscience to take action, and we rect the councils of this honorable as- traordinarily eloquently. must not fail them. sembly; enable them to settle things on Mr. Speaker, I include in the RECORD We must not fail the students and the best and surest foundation. Direct his remarks. teachers and parents of Great Mills them according to the instructions of My name is Matt Post. I’m a twelfth-grad- High School in St. Mary’s County; or Your holy word. er, the Student Member of the Board for Marjory Stoneman Douglas High We humbly ask for Your care and pa- Montgomery County, and, I think, as stu- School in Parkland, Florida; or Mar- tience. We request the revival of the dents we need to make a few things clear. shall County High School in Kentucky; spirit by which we were founded and To start, we will not sit in classrooms with or Umpqua Community College in have endured. We pray for Your guid- armed teachers. We refuse to learn in fear. We reject turning our schools into prisons. Roseburg, Oregon; or Sandy Hook Ele- ance upon our President, his Cabinet, We will accept nothing less than stricter mentary School in Newtown, Con- the Members of our Congress, and each gun control. If it’s what it takes, we are necticut; or Virginia Tech; or Col- and every person within our govern- going to shame our national policymakers umbine; or any other school that has ment. We pray for Your truth and love into protecting us, not just in schools but in witnessed the carnage of a school and peace to reign in our country and churches, movie theaters, on the streets, and shooting. in our world. for the communities of color who are dis- Mr. Speaker, we must take real ac- In Jesus’ name, amen. proportionately devastated by the sickness of gun violence. tion—action to make our schools and f The lawmakers who fail to support us, our communities safer from gun vio- those who look for every answer to our na- lence. tion’s gun problem but the guns themselves, I am proud to stand with the young THE JOURNAL are complicit in every single death that Americans who walked out—and I The SPEAKER. The Chair has exam- comes after. To every politician sitting in thank them for their passion and their ined the Journal of the last day’s pro- the Capitol behind us, you get to decide who advocacy—and who say they do not ceedings and announces to the House lives. And so, this is not a partisan issue for us. want to go to school and be afraid. his approval thereof. There’s nothing cosmetic about life or death. One young woman said the first thing Pursuant to clause 1, rule I, the Jour- This is about our basic morality as a coun- she does when she goes to school now is nal stands approved. try. to look for a place to hide. Mr. THOMPSON of Pennsylvania. When the commander-in-chief’s solution to Mr. Speaker, we must do better than Mr. Speaker, pursuant to clause 1, rule this gun epidemic is more guns, you know we that. I will continue to work closely I, I demand a vote on agreeing to the have a moral problem in the White House. with the community in Great Mills in Speaker’s approval of the Journal. When national policymakers value the blood money of the NRA over the lives of the days and weeks ahead, as we try to The SPEAKER. The question is on children, you know we have a moral problem heal and move forward. the Speaker’s approval of the Journal. in the Halls in Congress. But, Mr. Speaker, in order to do that, The question was taken; and the And when this is doomed to happen again— this body, the people’s body, who raise Speaker announced that the ayes ap- when, in the coming weeks and months, our hand and swear an oath to the Con- peared to have it. more of my peers will be slaughtered in their stitution and the laws of our country, Mr. THOMPSON of Pennsylvania. own classrooms, when their deaths will be designed to create a more perfect dismissed as collateral—you know we have a Mr. Speaker, I object to the vote on the moral problem in this country. Union, a Union in which the right to ground that a quorum is not present So let’s make one last thing clear: their life, liberty, and the pursuit of happi- and make the point of order that a right to own an assault rifle does not out- ness is protected by the people’s House, quorum is not present. weigh our right to live. Mr. Speaker, let us act. The SPEAKER. Pursuant to clause 8, The adults have failed us. This is in our f rule XX, further proceedings on this hands now. And if any elected official gets in question will be postponed. our way, we will vote them out and replace RECESS them ourselves. The point of no quorum is considered ‘Enough is Enough!’ The SPEAKER pro tempore. Pursu- withdrawn. ant to clause 12(a) of rule I, the Chair Mr. HOYER. Mr. Speaker, I am not f going to read the remarks in their en- declares the House in recess until 11 a.m. today. tirety, but I do want to highlight one PLEDGE OF ALLEGIANCE thing Matt had to say, which I thought Accordingly (at 10 o’clock and 38 was so profound. minutes a.m.), the House stood in re- The SPEAKER. Will the gentleman He concluded his remarks by saying: cess. from Michigan (Mr. TROTT) come for- ‘‘ . . . their right to own an assault f ward and lead the House in the Pledge rifle does not outweigh our right to of Allegiance. b 1100 live.’’ Mr. TROTT led the Pledge of Alle- His right to live is guaranteed by the AFTER RECESS giance as follows: Constitution as well. I pledge allegiance to the Flag of the The recess having expired, the House There were many others like Matt, United States of America, and to the Repub- was called to order by the Speaker at Mr. Speaker, other student leaders lic for which it stands, one nation under God, 11 a.m. from our area, who stood up and spoke indivisible, with liberty and justice for all. out and roused their peers to be en- f f gaged. PRAYER Along with Matt, I want to recognize WELCOMING MINISTER JEREMIAH Minister Jeremiah Tatum, Willow Brenna Levitan; Eri Shay; Emily TATUM Dohler Rodas; Michael Solomon; Nate Avenue Church of Christ, Cookeville, Tinbite; Christian Crawford; and a stu- Tennessee, offered the following pray- The SPEAKER. Without objection, dent from American University, who er: the gentlewoman from Tennessee (Mrs. helped them organize, Aaron Thorp. Father in Heaven, we bow to You and BLACK) is recognized for 1 minute. These student leaders, and their praise You upon this, the beginning of There was no objection. many peers who marched with them spring. We are reminded that You are Mrs. BLACK. Mr. Speaker, it is my last week, deserve to be heard in the in control of all things, and it is by honor to welcome Minister Jeremiah Halls of Congress. Your hand that they exist and were Tatum from Cookeville, Tennessee, to Mr. Speaker, we must not fail them. created. our Nation’s Capital. Like the young leaders of genera- Look down in mercy, we beseech In Congress, we begin each day tions ago, of centuries ago, a millennia Thee, on these our American States. Be thanking the Lord for His provision

VerDate Sep 11 2014 04:07 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.008 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1736 CONGRESSIONAL RECORD — HOUSE March 21, 2018 and asking for continued guidance, pro- PROTECT THE MUELLER So it is most appropriate that we tection, and wisdom. It is a great privi- INVESTIGATION pause today from our Nation’s business lege to have a fellow Tennesseean lead (Mr. WELCH asked and was given to remember and celebrate the life of us in this sacred tradition today. permission to address the House for 1 Bill Pulte. His hard work, devotion, Minister Tatum was born in Los An- minute and to revise and extend his re- and vision changed the world for the geles County, California, and comes marks.) better, and for that, we thank him. from seven consecutive generations of Mr. WELCH. Mr. Speaker, make no f preachers. His call to ministry began 27 mistake about it: through their words UCR VETERANS PROJECT years ago, and he is currently serving and actions, President Trump and his his eighth year as the pulpit minister allies are doing everything they can to (Mr. TAKANO asked and was given of Willow Avenue Church of Christ in destroy the independent investigation permission to address the House for 1 Cookeville. of Special Counsel Robert Mueller minute and to revise and extend his re- In addition to local work, Minister through provocative tweets: a witch marks.) Tatum preaches abroad and serves hunt; Mr. TAKANO. Mr. Speaker, the Riv- overseas with foreign missions. He en- Through reckless actions: firing Di- erside National Cemetery is the final courages young men to become preach- rector Comey and Assistant Director resting place for nearly 300,000 former ers and believes he has the best job in McCabe; and military personnel and their family the world. Our community is so grate- Through provocative statements: his members. Each of them have a story ful for his service. personal attorney calling for an end to that deserves to be told. He is married to Amber, and they the investigation. I rise today to applaud the Univer- have three children: Luke, Daniel, and The question, Mr. Speaker, is not sity of California, Riverside, on a new LyssaBeth. I know his family and the what the President wants to do or may grant that will be used to research and Willow Avenue congregation are very do. The question is: Will Congress do tell these stories. proud to have him with us today, and I what it must do, which is protect the With support from the Department of thank him for opening our day in pray- Mueller investigation? Veterans Affairs, UC Riverside faculty er. A number of us have a bill that would and students will document the lives of do just that. Our bill would require a those who served and partner with K–12 f three-judge panel to approve any dis- schools to help teach young people missal of Mr. Mueller. about the value of service and sac- ANNOUNCEMENT BY THE SPEAKER Mr. Speaker, no American is above rifice. Our duty to honor those who PRO TEMPORE the law, no Member of Congress is sacrificed for this Nation is not limited to Memorial Day or Veterans Day. The SPEAKER pro tempore (Mr. above the law, and no member of the This project will help our community BOST). The Chair will entertain up to 15 executive branch is above the law, in- understand and appreciate the individ- further requests for 1-minute speeches cluding President Trump. uals whose service has kept this Nation on each side of the aisle. Mr. Speaker, let the House vote on our bill. Make each one of us be ac- safe and free. I am proud that UC Riv- f countable to our constituents on the erside has been selected for this impor- rule of law. tant initiative and look forward to see- RECOGNIZING THE 24TH ANNUAL Will we vote to protect the Mueller ing the meaningful work it will VERA HOUSE WHITE RIBBON investigation or will we acquiesce to produce. CAMPAIGN the President’s threats and temper tan- f trums? AMELIA EARHART CONTINUES TO (Mr. KATKO asked and was given Mr. Speaker, let us vote. INSPIRE permission to address the House for 1 The SPEAKER pro tempore. Mem- minute.) bers are reminded to refrain from en- (Ms. JENKINS of Kansas asked and Mr. KATKO. Mr. Speaker, I rise gaging in personalities toward the was given permission to address the today to speak out against domestic vi- President. House for 1 minute and to revise and olence and sexual abuse. f extend her remarks.) Domestic violence affects people Ms. JENKINS of Kansas. Mr. Speak- from all backgrounds. Regardless of HONORING THE LIFE OF WILLIAM er, Amelia Earhart, one of the most race, religion, and socioeconomic back- PULTE, SR. iconic aviators in history, became the ground, domestic abuse touches all as- (Mr. TROTT asked and was given per- first woman to fly across the Atlantic pects of our community. mission to address the House for 1 Ocean, which launched her to national According to the National Coalition minute.) notoriety and inspired millions to fol- Against Domestic Violence, nearly 20 Mr. TROTT. Mr. Speaker, I rise low. Highlighting her contributions to people per minute are assaulted by an today to honor the life of William aviation, yesterday, the House passed intimate partner. We must work to- Pulte, Sr. He passed away earlier this the Amelia Earhart U.S. Post Office gether to stop this. month at the age of 85. Act, which names her hometown post Central New York is home to Vera In 1950, at the age of 18, Bill Pulte office in Atchison, Kansas, after her. House, a wonderful organization that started building and selling homes in While she was lost at sea, that wasn’t works to prevent and respond to do- southeast Michigan. In 1956, he founded the end of the Amelia Earhart story. A mestic and sexual violence. This Pulte Homes, known today as the woman’s aviation group, the Ninety- month, it kicked off its 24th annual Pulte Group. Over the next 50 years, he Nines, which she founded, still exists White Ribbon Campaign in central New grew the company into the largest today and advocates for female pilots York. This campaign raises awareness homebuilder in the United States. in the industry. Amelia’s legacy soars for the need to put an end to domestic Bill Pulte was a legend in the busi- as high as ever as she continues to in- violence and sexual abuse. ness world, but his legacy is one of spire new generations of women to Throughout the duration of the great devotion to his family and com- reach for greater heights. White Ribbon Campaign, thousands of munity. He was involved with the Please join me in celebrating the life central New Yorkers, such as myself, Angel Fund, a group which anony- of Amelia Earhart. will be wearing a white ribbon or a mously provides families in Detroit f white wristband to stand in solidarity with shelter. His philanthropy helped against abuse. Cornerstone Schools provide thousands CHILD CARE I urge my House colleagues to join of young people in Detroit with a great (Mr. CICILLINE asked and was given me in wearing a white ribbon to dem- education, and his passion for home- permission to address the House for 1 onstrate a personal pledge to work to- building took him all the way to Cen- minute.) wards preventing violence against men, tral America to help its poorest com- Mr. CICILLINE. Mr. Speaker, a typ- women, and children. munities. ical Rhode Island family with an infant

VerDate Sep 11 2014 01:47 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.010 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE March 21, 2018 CONGRESSIONAL RECORD — HOUSE H1737 and a 4-year-old pays $23,000 a year in The call that was made by the Com- our budget caps to augment Federal child care. That is nearly double the mander in Chief yesterday to Vladimir spending by more than 10 percent cost of tuition at the University of Putin, whose election was a failure, at above current levels. Rhode Island. best, was an insult to our principles We suspended our debt ceiling, and Nationwide, the cost of child care has and our values. This is the leader of a this week we are preparing to pass our increased 25 percent in the past decade. country alleged to have used poison gas seventh short-term spending bill of the That is a terrible deal. It is a raw deal on ally soil in London, trying to kill fiscal year. Our grossly negligent for working families. Democrats have two individuals; had the interaction in spending habits continue with no end proposed the Child Care for Working Ukraine with the bringing down of the in sight. At this rate, I am certain that Families Act, a better deal. plane; and incarcerating many people we will see a $22 trillion national debt This bill ensures that no middle class in Russia because of their views. sometime around the first of next year. family will pay more than 7 percent of I think this is a poor statement for a Mr. Speaker, this fiscal irrespon- their income on child care. It ensures country that promotes democracy. The sibility is not what we promised our constituents. We are directly contrib- universal access to high-quality pre- world looks to us and seeks to be, in uting to the bankruptcy of this Nation school programs. It also raises wages many instances, like America. They that we will leave to our grand- for childcare workers. It focuses on the value our concern for human rights and children. needs of middle class families and the our value of democracy. They wait for Mr. Speaker, I beg my colleagues to high cost of child care. us to stand up against despots like honor the pledge to cut our spending A few months ago, my Republican Vladimir Putin, yet the President of and reduce our debt before it is too colleagues passed a huge tax cut for the United States gives him a jolly late. We must act now before we cross powerful corporate special interests congratulations for an election that another trillion-dollar threshold. and the wealthiest Americans. Demo- was not an election. f crats, on the other hand, are offering A f COMMUNICATION FROM THE Better Deal—a deal that focuses on b 1115 raising family incomes, reducing costs CLERK OF THE HOUSE in people’s lives, and making sure peo- CONGRATULATING PENN STATE The SPEAKER pro tempore laid be- ple are prepared for jobs in the 21st WRESTLING fore the House the following commu- century. (Mr. THOMPSON of Pennsylvania nication from the Clerk of the House of We propose A Better Deal. asked and was given permission to ad- Representatives: f dress the House for 1 minute and to re- OFFICE OF THE CLERK, ONE FAMILY ONE RESTAURANT vise and extend his remarks.) HOUSE OF REPRESENTATIVES, Mr. THOMPSON of Pennsylvania. Washington, DC, March 20, 2018. (Mr. KNIGHT asked and was given Mr. Speaker, I rise today to congratu- Hon. PAUL D. RYAN, permission to address the House for 1 late the Penn State wrestling team on The Speaker, House of Representatives, minute.) winning this year’s NCAA Division I Washington, DC. Mr. KNIGHT. Mr. Speaker, I rise to National Championship. DEAR MR. SPEAKER: Pursuant to the per- acknowledge the work of One Family mission granted in Clause 2(h) of Rule II of The Penn State Nittany Lions are a the Rules of the U.S. House of Representa- One Restaurant, a nonprofit organiza- force to be reckoned with and they tives, I have the honor to transmit a sealed tion in my district that tackles signifi- proved it again last weekend in Cleve- envelope received from the White House on cant homelessness and hunger prob- land, Ohio, when they brought home March 20, 2018, at 4:49 p.m., and said to con- lems in southern California. their seventh team title in 8 years. The tain a message from the President whereby I am proud to recognize its work in team went 4-and-1 in the finals, coming he submits a Report to the Congress on the giving families who struggle with food Extension of Trade Promotion Authority. back from a 6-point deficit heading With best wishes, I am insecurity the opportunity to eat at a into the final round to clinch the title restaurant. One Family One Res- Sincerely, on a pin by junior Bo Nickal in Penn KAREN L. HAAS, taurant provides a unique and invalu- State’s final match of the night. Clerk of the House. able dining experience to families who Penn State won the team title with f otherwise rely on food stamps and too 141.5 points, while Ohio State was in often wait in long lines at food banks EXTENSION OF TRADE PROMOTION second with 134.5. Iowa took third with AUTHORITY—MESSAGE FROM to access food. The experience also 97. THE PRESIDENT OF THE UNITED helps heal hearts and restore a family’s Head coach Cael Sanderson now has dignity and hope. 22 national champions as a head coach, STATES (H. DOC. NO. 115–104) One Family One Restaurant does not 20 at Penn State, and 7 NCAA titles. The SPEAKER pro tempore laid be- act alone. It relies on restaurants and I could not be more proud of my alma fore the House the following message community members to sponsor meals mater or this team that gave us yet an- from the President of the United and local pantries and food banks to other season to remember. Many col- States; which was read and, together help coordinate families in need. It lege athletes dream about partici- with the accompanying papers, referred takes the repeated generosity of the pating at the NCAA championships. to the Committee on Ways and Means entire community to alleviate family This team truly is the pride of Happy and ordered to be printed: hunger in their region. Valley, and I congratulate Coach To the Congress of the United States: This year, they will be launching Sanderson and every wrestler on the Today, I am requesting that the Con- their nationwide America Break Bread team. gress extend trade authorities proce- campaign. I encourage all of those who We are. dures for 3 years. As required under seek to help the hungry to join in this f section 103(c)(2) of the Bipartisan Con- effort and follow the footsteps of this CUT FRIVOLOUS SPENDING gressional Trade Priorities and Ac- stellar organization. It is an honor to countability Act of 2015 (Trade Prior- bring their work to the attention of (Mr. BIGGS asked and was given per- ities Act), I have attached to this mes- the House and the Nation today. mission to address the House for 1 sage the report describing the progress f minute and to revise and extend his re- that has been made in trade negotia- marks.) tions by my Administration and the INSULT TO OUR PRINCIPLES Mr. BIGGS. Mr. Speaker, on Sep- reasons why the extension is necessary. (Ms. JACKSON LEE asked and was tember 12, 2017, I released a statement As noted in the 2018 Trade Policy given permission to address the House to mark and recognize that the na- Agenda, my Administration has for 1 minute and to revise and extend tional debt had just exceeded $20 tril- launched a new era in American trade her remarks.) lion. policy, driven by a determination to Ms. JACKSON LEE. Mr. Speaker, I I asked my colleagues to follow use the leverage available to us as the have had the privilege of being in- through with our commitment to re- world’s largest economy to open for- volved in a number of international or- duce expenditures and create economic eign markets, and to obtain more effi- ganizations representing the United stability for our future. Since that cient global markets and fairer treat- States. We are defined by our love, ap- date, Congress has not taken any ac- ment for American workers. One of the preciation for democracy, and for sell- tion to reduce our deficit or to balance major pillars supporting my trade pol- ing that around the world. our budget. Instead, we have increased icy is the pursuit of better trade deals.

VerDate Sep 11 2014 01:47 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.012 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1738 CONGRESSIONAL RECORD — HOUSE March 21, 2018 As you know, my Administration is RECESS in part 50 of title 21, Code of Federal Regula- tions (or any successor regulations), regard- pursuing the renegotiation of the The SPEAKER pro tempore. Pursu- North American Free Trade Agree- ing the eligible investigational drug, or, as ant to clause 12(a) of rule I, the Chair applicable, on whose behalf a legally author- ment—something many have promised declares the House in recess subject to ized representative of the patient has pro- but have failed to deliver. In addition, the call of the Chair. vided such consent. my Administration is exploring poten- Accordingly (at 11 o’clock and 21 ‘‘(2) The term ‘eligible investigational tial trade agreement partners, includ- minutes a.m.), the House stood in re- drug’ means an investigational drug (as such ing in Africa and Southeast Asia. cess. term is used in section 561)— ‘‘(A) for which a phase 1 clinical trial has I hope my Administration can con- f tinue to work with the Congress to pur- been completed; sue new and better trade deals for b 1300 ‘‘(B) that has not been approved or licensed for any use under section 505 of this Act or America’s workers, farmers, ranchers, AFTER RECESS section 351 of the Public Health Service Act; and businesses. Extension of trade au- The recess having expired, the House ‘‘(C)(i) for which an application has been thorities procedures is essential to ful- was called to order by the Speaker pro filed under section 505(b) of this Act or sec- fill that task and to demonstrate to tion 351(a) of the Public Health Service Act, tempore (Mr. POE of Texas) at 1 p.m. our trading partners that my Adminis- as applicable, that is active; or tration and the Congress share a com- f ‘‘(ii) that is under investigation in a clin- mon goal when it comes to trade. TRICKETT WENDLER, FRANK ical trial that— ‘‘(I) is intended to form the primary basis DONALD J. TRUMP. MONGIELLO, JORDAN MCLINN, of a claim of effectiveness in support of ap- THE WHITE HOUSE, March 20, 2018. AND MATTHEW BELLINA RIGHT proval or licensure under section 505 of this TO TRY ACT OF 2018 f Act or section 351 of the Public Health Serv- Mr. BURGESS. Mr. Speaker, pursu- ice Act; and COMMUNICATION FROM THE ant to House Resolution 787, I call up ‘‘(II) is the subject of an active investiga- CLERK OF THE HOUSE tional new drug application under section the bill (H.R. 5247) to authorize the use 505(i) of this Act or section 351(a)(3) of the The SPEAKER pro tempore laid be- of eligible investigational drugs by eli- Public Health Service Act, as applicable; and fore the House the following commu- gible patients who have been diagnosed ‘‘(D) the active development or production nication from the Clerk of the House of with a stage of a disease or condition of which— Representatives: in which there is reasonable likelihood ‘‘(i) is ongoing; that death will occur within a matter ‘‘(ii) has not been discontinued by the man- OFFICE OF THE CLERK, of months, or with another eligible ill- ufacturer; and HOUSE OF REPRESENTATIVES, ‘‘(iii) is not the subject of a clinical hold Washington, DC, March 21, 2018. ness, and for other purposes, and ask under the regulations implementing section Hon. PAUL D. RYAN, for its immediate consideration in the 505(i) or section 351(a)(3) of the Public Health The Speaker, House of Representatives, House. Service Act, as applicable. Washington, DC. The Clerk read the title of the bill. ‘‘(3) The term ‘phase 1 trial’ means a phase DEAR MR. SPEAKER: Pursuant to the per- The SPEAKER pro tempore. Pursu- 1 clinical investigation of a drug as described mission granted in Clause 2(h) of Rule II of ant to House Resolution 787, the bill is in section 312.21 of title 21, Code of Federal the Rules of the U.S. House of Representa- considered read. Regulations (or any successor regulations). tives, the Clerk received the following mes- The text of the bill is as follows: ‘‘(4) The term ‘eligible illness’ means— sage from the Secretary of the Senate on ‘‘(A) a stage of a disease or condition in H.R. 5247 March 21, 2018, at 8:52 a.m.: which there is reasonable likelihood that That the Senate passed S. 899. Be it enacted by the Senate and House of Rep- death will occur within a matter of months; With best wishes, I am resentatives of the United States of America in or Sincerely, Congress assembled, ‘‘(B) a disease or condition that would re- KAREN L. HAAS. SECTION 1. SHORT TITLE. sult in significant irreversible morbidity This Act may be cited as the ‘‘Trickett that is likely to lead to severely premature f Wendler, Frank Mongiello, Jordan McLinn, death. and Matthew Bellina Right to Try Act of ‘‘(b) ALTERNATIVE PATHWAY FOR ELIGIBLE PROTECT SPECIAL COUNSEL 2018’’. PATIENTS WITH A TERMINAL ILLNESS.— MUELLER SEC. 2. USE OF UNAPPROVED INVESTIGATIONAL ‘‘(1) IN GENERAL.—Eligible investigational (Mr. COHEN asked and was given per- DRUGS BY PATIENTS DIAGNOSED drugs provided to eligible patients in compli- mission to address the House for 1 WITH A TERMINAL ILLNESS. ance with this section are exempt from sec- (a) IN GENERAL.—Subchapter E of chapter tions 502(f), 503(b)(4), and subsections (a) and minute.) V of the Federal Food, Drug, and Cosmetic (i) of section 505 of this Act, and section Mr. COHEN. Mr. Speaker, on Mon- Act (21 U.S.C. 360bbb et seq.) is amended by 351(a) of the Public Health Service Act so day, I addressed this House on the issue inserting after section 561A (21 U.S.C. long as the conditions specified in para- of Mr. Mueller and his important inves- 360bbb–0) the following: graphs (2), (3), and (4) are met with respect to tigation in the Special Counsel’s Of- ‘‘SEC. 561B. INVESTIGATIONAL DRUGS FOR USE the provision of such investigational drugs. fice. BY ELIGIBLE PATIENTS. ‘‘(2) COMPLIANCE WITH CERTAIN REGULA- I am concerned, as we leave on ‘‘(a) DEFINITIONS.—For purposes of this sec- TIONS.—The conditions specified in this para- Thursday or Friday, that the President tion: graph, with respect to an eligible investiga- ‘‘(1) The term ‘eligible patient’ means a pa- tional drug referred to in paragraph (1), are could fire Mr. Rosenstein—who has au- tient— that— thority over Mr. Mueller—or fire Mr. ‘‘(A) who has been diagnosed with an eligi- ‘‘(A) the eligible investigational drug is la- Sessions and put somebody in who will ble illness; beled in accordance with section 312.6 of title jeopardize Mr. Mueller’s investigation. ‘‘(B) who has exhausted approved treat- 21, Code of Federal Regulations (or any suc- Accordingly, a bill I have, H.R. 4669, ment options and is not eligible to partici- cessor regulations); and was filed in December to protect Mr. pate in (for a reason such as the patient not ‘‘(B) the provision of such eligible inves- Mueller. It gives him due process meeting inclusion criteria) a clinical trial tigational drug occurs in compliance with rights—if he is fired—to go to court be- designed to evaluate an investigational drug the applicable requirements set forth in sec- for the treatment of such eligible illness tions 312.7 and 312.8(d)(1) of title 21, Code of fore a three-judge Federal panel to with which the patient has been diagnosed, Federal Regulations (or any successor regu- show that he was fired for purposes including one involving the eligible inves- lations) that apply to investigational drugs, which were political and not relating tigational drug, or for whom participation in subject to paragraph (5). to his job performance. such a clinical trial is not feasible (for a rea- ‘‘(3) NOTIFICATION.—The condition specified I am filing a discharge petition son such as a lack of geographic proximity in this paragraph, with respect to an eligible today. I will be filing it in 10 minutes, to the clinical trial), as certified by a physi- investigational drug referred to in paragraph asking all Members of the House to cian, who— (1), is that the sponsor of such eligible inves- sign it; to bring this bill to the floor ‘‘(i) is in good standing with the physi- tigational drug notifies the Secretary of the cian’s licensing organization or board; and provision of such eligible investigational immediately for a vote so that we can ‘‘(ii) will not be compensated for so certi- drug for use by an eligible patient pursuant protect the special counsel, protect Mr. fying; and to this section. Such notification shall be Mueller, and protect America. ‘‘(C) who has provided to the treating phy- submitted within 7 business days of the pro- God Bless America. sician written informed consent, as described vision of such eligible investigational drug

VerDate Sep 11 2014 01:32 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.004 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE March 21, 2018 CONGRESSIONAL RECORD — HOUSE H1739 as correspondence to the investigational new by subsection (a), is amended by adding at the gentleman from New Jersey (Mr. drug application described in subsection the end the following: PALLONE) each will control 30 minutes. (a)(2). ‘‘(f) LIABILITY.— The Chair recognizes the gentleman ‘‘(1) ALLEGED ACTS OR OMISSIONS.— ‘‘(4) ADVERSE EVENT REPORTING.—The con- from Texas. dition specified in this paragraph, with re- ‘‘(A) MANUFACTURER OR SPONSOR.—No man- spect to an eligible investigational drug re- ufacturer or sponsor (or their agent or rep- GENERAL LEAVE ferred to in paragraph (1), is that the sponsor resentative) of an investigational drug shall Mr. BURGESS. Mr. Speaker, I ask or manufacturer of such eligible investiga- be liable for any alleged act or omission re- unanimous consent that all Members tional drug has required, as a condition of lated to the provision of such drug to a sin- may have 5 legislative days in which to providing the drug to a physician for use by gle patient or small group of patients for revise and extend their remarks and to an eligible patient pursuant to this section, treatment use in accordance with subsection insert extraneous material on H.R. that such physician will immediately report (b) or (c) of section 561 or the provision of an to such sponsor or manufacturer any serious eligible investigational drug to an eligible 5247. adverse events, as such term is defined in patient in accordance with this section, in- The SPEAKER pro tempore. Is there section 312.32 of title 21, Code of Federal Reg- cluding, with respect to the provision of an objection to the request of the gen- ulations (or any successor regulations), asso- investigational drug under section 561 or an tleman from Texas? ciated with the use of the eligible investiga- eligible investigational drug under this sec- There was no objection. tional drug by the eligible patient. tion, the reporting of safety information, Mr. BURGESS. Mr. Speaker, I yield ‘‘(5) APPLICATION.—For purposes of this from clinical trials or any other source, as myself such time as I may consume. section, the requirements set forth in sec- required by section 312.32 of title 21, Code of Mr. Speaker, earlier this year, Mem- tions 312.7 and 312.8(d)(1) of title 21 of the Federal Regulations (or any successor regu- bers of Congress heard the President Code of Federal Regulations (or any suc- lations). cessor regulations) are deemed to apply to ‘‘(B) PHYSICIAN, CLINICAL INVESTIGATOR, OR during his State of the Union Address any person who manufactures, distributes, HOSPITAL.— make a specific promise to the Amer- prescribes, dispenses, introduces or delivers ‘‘(i) No licensed physician, clinical investi- ican people that the passage of right- for introduction into interstate commerce, gator, or hospital shall be liable for any al- to-try legislation would occur. This or provides to an eligible patient an eligible leged act or omission related to the provi- afternoon, I am proud to stand with the investigational drug pursuant to this sec- sion of an investigational drug to a single President and the thousands of Ameri- tion. patient or small group of patients for treat- cans with terminal illnesses, their fam- ‘‘(c) USE OF CLINICAL OUTCOMES.— ment use in accordance with subsection (b) ‘‘(1) IN GENERAL.—Notwithstanding any or (c) of section 561, as described in clause ilies, and their friends, in passing this other provision of this Act, the Public (ii), or the provision of an eligible investiga- important bill in the House. Health Service Act, or any other provision of tional drug to an eligible patient in accord- Since 2014, nearly three out of four Federal law, the Secretary may not use a ance with this section, unless such act or States, including my home State of clinical outcome associated with the use of omission constitutes on the part of such phy- Texas, have passed a version of right- an eligible investigational drug pursuant to sician, clinical investigator, or hospital with to-try laws. I am pleased that the this section to delay or adversely affect the respect to such investigational drug or eligi- House is again considering H.R. 5247, review or approval of such drug under sec- ble investigational drug— tion 505 of this Act or section 351 of the Pub- ‘‘(I) willful or criminal misconduct; the Trickett Wendler, Frank lic Health Service Act unless— ‘‘(II) reckless misconduct; Mongiello, Jordan McLinn, and Mat- ‘‘(A) the Secretary makes a determination, ‘‘(III) gross negligence relative to the ap- thew Bellina Right to Try Act of 2018, in accordance with paragraph (2), that use of plicable standard of care and practice with so that terminally ill patients have a such clinical outcome is critical to deter- respect to the administration or dispensing chance, or maybe a second chance, at mining the safety of the eligible investiga- of such investigational drug; or life. These patients are our constitu- tional drug; or ‘‘(IV) an intentional tort under applicable ents. They could be someone we know. ‘‘(B) the sponsor requests use of such out- State law. Let us take this opportunity to im- comes. ‘‘(ii) The requirements described in this ‘‘(2) LIMITATION.—If the Secretary makes a clause are the requirements under subsection prove access to experimental treat- determination under paragraph (1)(A), the (b) or (c) of section 561, including— ments for them. Secretary shall provide written notice of ‘‘(I) the reporting of safety information, Over the course of the past decade, such determination to the sponsor, including from clinical trials or any other source, as our Nation has achieved an unprece- a public health justification for such deter- required by section 312.32 of title 21, Code of dented number of innovations and sci- mination, and such notice shall be made part Federal Regulations (or any successor regu- entific breakthroughs. Through the of the administrative record. Such deter- lations); contributions of researchers in aca- mination shall not be delegated below the di- ‘‘(II) ensuring that the informed consent rector of the agency center that is charged requirements of part 50 of title 21, Code of demia and the private sector, Ameri- with the premarket review of the eligible in- the Federal Regulations (or any successor cans have more innovative treatments vestigational drug. regulations) are met; and at their fingertips. ‘‘(d) REPORTING.—The manufacturer or ‘‘(III) ensuring that review by an institu- Despite these achievements, I still sponsor of an eligible investigational drug tional review board is obtained in a manner hear from patients with serious, life- that provides an eligible investigational consistent with the requirements of part 56 threatening conditions, including my drug pursuant to this section shall post on of title 21, Code of the Federal Regulations own constituents in north Texas, who the same publicly available internet website (or any successor regulations). are frustrated with what they see as used by the manufacturer for purposes of ‘‘(2) DETERMINATION NOT TO PROVIDE section 561A(b) an annual summary of any DRUG.—No manufacturer, sponsor, licensed regulatory barriers from trying new provision by the manufacturer or sponsor of physician, clinical investigator, or hospital therapies when everything else has an eligible investigational drug under this shall be liable for determining not to provide failed. section. The summary shall include the num- access to an investigational drug under this Mr. Speaker, as a physician, I under- ber of requests received, the number of re- section or for discontinuing any such access stand that access to investigational quests granted, the number of patients treat- that it initially determined to provide. drugs and therapies is a deeply per- ed, the therapeutic area of the drug made ‘‘(3) LIMITATION.— sonal priority for those seeking treat- available, and any known or suspected seri- ‘‘(A) IN GENERAL.—Except as set forth in ous adverse events, as such term is defined in paragraphs (1) and (2), nothing in this sec- ment for their loved ones with serious, section 312.32 of title 21, Code of Federal Reg- tion shall be construed to modify or other- life-threatening conditions. ulations (or any successor regulations), asso- wise affect the right of any person to bring To my friends on the other side of ciated with the use of the eligible investiga- a private action against a manufacturer or the aisle, I have a simple question: tional drug. sponsor (or their agent or representative), Why do you not want to allow these pa- ‘‘(e) RULE OF CONSTRUCTION.—Nothing in physician, clinical investigator, hospital, tients to exercise their right to fight this section shall be construed as limiting prescriber, dispenser, or other entity under the authority of the Secretary to require for their future? any State or Federal product liability, tort, It is worth mentioning that the bill manufacturers or sponsors of investigational consumer protection, or warranty law. drugs to review and report information rel- ‘‘(B) FEDERAL GOVERNMENT.—Nothing in before us today is a revised, more nar- evant to the safety of such investigational this section shall be construed to modify or rowly crafted version of the one that drug obtained or otherwise received by the otherwise affect the authority of the Federal passed the Senate last August. Since sponsor pursuant to part 312 of title 21, Code Government to bring suit under any Federal that time, the Energy and Commerce of Federal Regulations (or successor regula- law.’’. tions).’’. Subcommittee on Health held a hear- (b) NO LIABILITY.—Section 561B of the Fed- The SPEAKER pro tempore. The gen- ing in early October to consider the eral Food, Drug, and Cosmetic Act, as added tleman from Texas (Mr. BURGESS) and Senate bill, where Members heard from

VerDate Sep 11 2014 01:32 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.006 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1740 CONGRESSIONAL RECORD — HOUSE March 21, 2018 the Commissioner of the Food and The President outlined in his State In fact, of the nearly 1,700 requests the Drug Administration, Dr. Scott Gott- of the Union Address that this was an FDA received last year, only 9 were not lieb, about the agency’s concerns. We important priority for the administra- approved. also heard testimony from patients and tion. In the words of our Vice President Physicians and patients also receive groups that support and oppose right to and former colleague, MIKE PENCE: approval quickly. Emergency requests try. ‘‘It’s about restoring hope and giving are often granted immediately over the From then to just recently, our com- patients with life-threatening diseases phone and, on average, receive a re- mittee engaged in multistakeholder ef- a fighting chance.’’ sponse within 4 days. forts to improve the original right-to- Mr. Speaker, for these reasons, I urge While the FDA approves 99 percent of try bill, as passed by the Senate. It en- my colleagues in the House to vote in the treatments it reviews through this tailed numerous conversations with pa- support of H.R. 5247, and I reserve the expanded access process, as it is called, tients, advocates, the Administration, balance of my time. it also adjusts applications for 11 per- authors of the bill, and stakeholders on Mr. PALLONE. Mr. Speaker, I yield cent of the patients to improve patient all sides of this complex topic. myself such time as I may consume. safety protections. The Food and Drug Administration Mr. Speaker, I rise today to voice my In order to protect patients, this re- was never left out of the discussion. In strong opposition to H.R. 5247, the view, in my opinion, should continue. fact, the agency provided valuable Right to Try Act of 2018. We must protect patients from bad ac- input throughout the process and up This legislation, introduced only last tors or from dangerous treatments that until the introduction of H.R. 5247. The week, is an egregious attempt, in my might make their lives worse. Just aim was to open the door to innova- opinion, by the Goldwater Institute to imagine the health consequences to pa- tive, experimental drugs for terminally undermine the gold standard drug ap- tients if these 11 percent of applicants ill patients without necessarily com- proval process at the Food and Drug had not been adjusted. This is the very reason that the FDA promising the vital work and the mis- Administration. must be involved in the process. If you sion of the Food and Drug Administra- The supporters of this bill claim to eliminate FDA review, as this bill does, tion. be helping desperate patients who are The current compassionate use pro- looking for hope. you are putting patients at risk. I want to talk a little bit about the gram at the Food and Drug Adminis- If this is such a patient-centered bill, fact that many States now have right- tration does make a good faith effort then why does every major patient or- to-try statutes. I fear that some Mem- to help patients who do not qualify for ganization overwhelmingly oppose it? More than 100 patient organizations, bers—and I heard this last week when clinical trials. But right to try would the bill was on the suspension list— including the National Organization actually offer patients an alternative might support this legislation under for Rare Disorders, the Friends of Can- pathway to access eligible investiga- the false belief that the State right-to- cer Research, and the American Cancer tional drugs, so long as they are cer- try laws in their States have provided Society have all written in opposition tified by a physician who is in good help to patients. But nothing could be to this legislation. standing and abides by the rules laid further from the truth. out in the bill. In a letter to congressional leader- One example supporters of this legis- Again, we have worked closely with ship, these 103 patient organizations lation like to bring up is Dr. the Food and Drug Administration to noted ‘‘that the alternative pathway in Delpassand from Texas, who claims to ensure that this new, alternative path- the latest version of this legislation is have treated patients under the State way does not hinder or conflict with still less safe for our patients than the right to try. the critically important oversight that current expanded access process under Mr. Speaker, I include in the RECORD the agency conducts. the FDA.’’ a letter from Mr. Andrew McFadyen of Additionally, this bill protects pa- It is not only the patient organiza- The Isaac Foundation, who dispels this tients from manufacturers mislabeling tions that are voicing concerns. Four myth. former FDA Commissioners—Drs. or misbranding drugs, requires spon- THE ISAAC FOUNDATION, sors and manufacturers to report ad- Hamburg and Califf, who served under March 20, 2018. verse events to the Food and Drug Ad- the Obama administration; and Drs. Rep. GREG WALDEN, Chair, ministration, and provides certain li- McClellan and Andrew von Eschenbach, Rep. FRANK PALLONE, Ranking Member, ability protections for parties partici- who served under the Bush administra- Energy & Commerce Committee. pating in the new pathway. tion—also oppose this legislation. That DEAR MR. PALLONE AND MR. WALDEN: I am Mr. Speaker, this alternative path- is two former Republican Commis- writing to you regarding your upcoming de- sioners and two former Democratic bate on HR 5247, the Right to Try initiative way would also be limited to individ- fronted by the Goldwater Institute. I am the uals who are suffering from a disease or Commissioners who are opposed to Executive Director of The Isaac Foundation, a condition where there is a reasonable both the House bill and the Senate bill an organization that is dedicated to pro- likelihood of death within a matter of on this same issue. viding advocacy and support to patients months or significant, reversible mor- These four Commissioners explained dealing with a wide range of disorders and bidity, and who have exhausted all their opposition by saying: ‘‘There is needing access to rare disease treatments. FDA-approved treatment options. no evidence that either bill would Our work pushes international boundaries, Lastly, it is essential that we do not meaningfully improve access for pa- with the bulk of our efforts taking place in Canada and the United States. I am also a create additional hurdles in this proc- tients, but both would remove the FDA member of the NYU Working Group on Com- ess so that manufacturers in the drug from the process and create a dan- passionate Use and Pre-Approval Access approval process have the certainty gerous precedent that would erode pro- where we are making a concerted effort to that they need. tections for vulnerable patients.’’ improve and address the issues around access The revised right-to-try bill clearly Mr. Speaker, I think most impor- to experimental medications, and I’m in- states that the Secretary of the De- tantly, I would stress that this legisla- volved with a non-profit called GE2P2. partment of Health and Human Serv- tion is simply not needed. There is al- I’m proud to say at The Isaac Foundation that we’ve never been unsuccessful gaining ices ‘‘may not use a clinical outcome ready a successful program in place access to life-saving medications and treat- associated with the use of an eligible today at the FDA in which seriously ill ments for patients in Canada, and our work investigational drug . . . to delay or patients and their doctors can request directly with pharmaceutical companies is adversely affect the review or approval access to an experimental treatment helping countless patients see similar results of such drug. . . . ‘’ from a manufacturer. This application in the United States. We have had success by After months of work and thoughtful process, which takes as little as 45 min- being collaborative partners with industry, discussions, this legislation is a posi- utes for a physician to complete, has regulatory authorities, and patients in need. tive step forward in our shared goal of been overwhelmingly successful. I watched the discussion last week with growing consternation that many of our improving care for America’s patients. Last summer, a review by the Gov- elected officials have not taken the oppor- It strikes the proper balance between ernment Accountability Office found tunity to fact-check claims being made by ensuring patient safety and granting that the FDA approves 99 percent of RTT proponents. Most notably, continued access to new treatments. the requests submitted to the agency. mention of Right to Try being used by Dr.

VerDate Sep 11 2014 04:07 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.019 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE March 21, 2018 CONGRESSIONAL RECORD — HOUSE H1741 Delpassand out of Texas is both egregiously to monitor adverse events while also allow- do expanded access. And this was for a very wrong and, indeed, is the perfect example of ing the product to advance to approval. That good reason. FDA placed a clinical hold on a why RTT should not be passed by law- product was approved by the FDA in January study, due to the fact that his clinic was not makers. 2018. reporting serious, adverse events, as re- In October 2016, I testified during Senator Also importantly, RTT was used because it quired; and he continued to enroll patients, Ron Johnson’s hearing on Right to Try, at was the only way for Dr. Delpassand to treat despite the clinic hold. which Johnson introduced and played a video patients in his clinic after it failed inspec- The work of Dr. Delpassand’s study was as- created by the Goldwater Institute of Dr. tion. RTT is a loophole designed to allow sociated with 40 deaths and 2 hospitaliza- Delpassand. During that 3-minute video, Dr. people who cannot otherwise follow safety tions. FDA’s clinical hold on Dr. Delpassand explained that he was using the rules set forth by the FDA that are meant to Delpassand’s work is a sign to me that FDA’s state RTT law to treat his patients because protect vulnerable patients. It’s not being expanded access pathway was working to the FDA would not allow him to do it used—anywhere—to provide patients with prevent bad actors from continuing to expose through an Expanded Access Program. Sen- hope or access to life-saving drugs. vulnerable patients to experimental treat- ator Johnson asked me what I thought about One final note, and one that I’ve not see ments. this video—which included few facts, no con- mentioned anywhere. HR 5247 includes the Mr. Speaker, H.R. 5247 is dangerous text, and was edited by the people fronting name of a young child—a brave child bat- for our patients. It is an unprecedented tling Duchenne Muscular Dystrophy—named the RTT push themselves. I explained that attempt to roll back the FDA’s over- there must be a reason why Dr. Delpassand Jordan McLinn. Jordan has been photo- was in the 1% of cases not allowed by the graphed numerous times with Vice President sight of investigational treatments. I FDA and vowed I would investigate. Pence, and is often used as an example of urge my colleagues to stand with more In March of 2017, I received a set of docu- why Right to Try is needed. The problem than 100 organizations that have come ments from the FDA under a FOIA request. with these optics is that Jordan has never re- forward to oppose this misguided and, I They show that Dr. Delpassand’s clinic failed ceived any treatment under Right to Try, believe, harmful legislation. inspections during the clinical trial of even though Right to Try has been available Mr. Speaker, I reserve the balance of Lutathera (lutetium Lu 177 dotatate). Spe- in his state of Indiana for 3 years. He already my time. cifically, he failed inspection due to 3 key has access to the life-saving treatment he Mr. BURGESS. Mr. Speaker, I yield 3 and very important reasons: needs—through an FDA approved clinical minutes to the gentleman from Penn- 1. Enrolling subjects into the study during trial. He’s doing well on that trial drug, as I a partial clinical hold, issued by the Agency. understand it, and receives all the benefits of sylvania (Mr. FITZPATRICK), one of the 2. Underreporting of Adverse Events. FDA oversite to ensure his safety on that authors of the bill. 3. 1572-protocol noncompliance. trial. In essence, the child used to promote Mr. FITZPATRICK. Mr. Speaker, I The failed inspections were discovered RTT is the perfect example of why the FDA want to thank Chairman WALDEN, Mr. after complaint from the CDER Good Clin- process works and is needed. BURGESS, Mr. GRIFFITH, and my friends ical Practice Compliance Oversight Branch, The true reality is that the landscape for ANDY BIGGS and Senator JOHNSON for Division of Good Clinical Practice Compli- access to medications for dying patients does ance Evaluation, Office of Scientific Inves- their unflinching commitment to see not change tomorrow if a Federal Right to right to try debated, passed, and signed tigations (OSI). A ‘‘Clinical Hold’’ was placed Try law is passed today. Very clearly, those on the lab and Dr. Delpassand. During a clin- patients in dire need of help today will wake into law. ical hold, subjects may not be given an in- up tomorrow needing access to the same life- Moreover, I thank the overwhelming vestigational drug. Dr. Delpassand and his saving treatments, and feel the same despair bipartisan majority of the House, who, clinic disregarded this clinical hold and en- because they will not be getting the access just last week, supported the Trickett rolled 6 patients. they need through Right to Try. Wendler, Frank Mongiello, Jordan Additionally, and just as concerning in The barrier to that access here isn’t the McLinn, and Matthew Bellina Right to terms of patient safety, Dr. Delpassand’s FDA, and no Right to Try law enacted by clinic failed to promptly report significant Try Act, and proved emphatically that lawmakers in this country is going to re- right to try is about more than poli- new adverse events or risks to the FDA. This move the true barrier—pharmaceutical com- failure to report was noted numerous times panies. The gatekeepers to these medica- tics. It is about hope. during the inspection. The inspection also tions are the pharmaceutical companies Each year, thousands of Americans found numerous other areas of concern. I themselves, and we need to be working col- receive a life-altering diagnosis of a have attached the full report for your consid- laboratively as a team—Industry, Govern- terminal illness. Even with the amaz- eration. ment, physicians, and Patients—to craft so- ing work done in American medical re- After these inspections, the FDA would not lutions that will work for everyone, keeping search and development, for too many allow Dr. Delpassand to open an EAP at his in mind that we are all on the same side, families, access to these potentially clinic for patients in need, and rightly so. that we all want the same thing—broad and They FDA did, however, allow 42 different lo- lifesaving treatments will come too expeditious access to life-saving medications late or not at all. cations the ability to provide this drug for for patients in need. patients requiring access, including two sites I understand how difficult this is for pa- b 1315 in Texas. A quick search on tients—I see it every day, and I feel it every As their Representatives, we should ClinicialTrials.gov shows this information, night as I check in on my son (who is bat- further proving that the FDA has been able tling his own devastating and very rare dis- each endeavor to support these individ- to provide patients the required access they ease) to make sure he is still breathing, to uals in their time of need, as well as need, ensuring the environment that they make sure he is still with us. But I also un- support new pathways to potentially are receiving the drug they need is safe. derstand that the change we all need will not lifesaving treatment. That is what My understanding of the situation is that come with Right to Try. It will come right to try is all about. the company running the clinical trial through collaboration with all stakeholders For those patients caught between distanced themselves from Dr. Delpassand and by providing companies the safety and after these failed inspections. Without com- traditional drug approval delays, a assurances they need to make their medica- clinical trial process for which they do pany support, and without the FDA’s permis- tions available to our dying patients. sion to open an EAP, Dr. Delpassand had to Lawmakers should be spending their time not qualify and limited time, right to use the state legislation to provide drug to helping make that collaboration happen be- try simply establishes the freedom for his patients. Questions remain, however, cause that is how we are going to save our patients and their doctors to try thera- such as how Dr. Delpassand paid for the dying patients. They should not spin their pies where the benefits far outweigh product he was giving his patients, did pa- wheels passing legislation like Right to Try the risks. It gives them the option of tients themselves have to pay for that drug that looks good, and feels good, but will do trying to save their life. supply (which isn’t allowed under the Texas nothing for those in need. If they do, they RTT law) and who, if anyone, was overseeing Although the FDA has a program are doing a disservice to a large and very that allows terminal patients to apply the program to ensure safety of the patients, vulnerable group of patients now and in the especially after multiple infractions were future, my own son, my own hero Isaac, in- for early access to a promising treat- seen during the failed FDA inspection. cluded. ment, right to try is needed because Most important, it should be noted that Thank you for your time on this matter. the FDA compassionate use process the FDA process here worked exactly how it Sincerely, doesn’t help enough people. Moreover, is supposed to. A lab was inspected for safety ANDREW MCFADYEN, the application process is complicated, to ensure patients are looked after in the ap- Executive Director, The Isaac Foundation. propriate fashion. That inspection placed a time consuming, and expensive. Only hold on further treating of patients due to Mr. PALLONE. Andrew McFadyen about 1,200 people each year can make numerous infractions. The FDA worked with said: it through the application process. the company to ensure access for patients Dr. Delpassand claims to have used right In 2014, more than 12,000 people in across the USA in 42 different sites, helping to try because FDA would not allow him to France were using investigational

VerDate Sep 11 2014 01:32 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.008 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1742 CONGRESSIONAL RECORD — HOUSE March 21, 2018 treatments through that government’s Mr. Speaker, I include in the CON- (Temporomandibular Joint Disorders patient equivalent program. If a country with GRESSIONAL RECORD a multipage list of organization); United Leukodystrophy Foun- one-fifth the population of the United opponents to this bill. dation; United Mitochondrial Disease Foun- dation (UMDF); University of Pennsylvania States can help 900 percent more people GROUPS OPPOSED TO RIGHT TO TRY Perelman School of Medicine; Veterans LEGISLATION then the FDA’s plan, clearly, is not Health Council; Vietnam Veterans of Amer- working. ADNP Kids Research Foundation; AIDS ica; VHL Alliance; Washington Advocates for In Australia, doctors are allowed to Action Baltimore; Alliance for Aging Re- Patient Safety; Woody Matters; Worldwide work directly with drug and device search; Alliance for Regenerative Medicine; Syringomyelia & Chiari Task Force; Yale manufacturers to provide investiga- American Academy of Neurology; American School of Public Health. Association of Justice; American Cancer So- tional treatments to terminal patients Ms. SCHAKOWSKY. Mr. Speaker, it without the government’s approval. ciety Cancer Action Network; American Lung Association; American Society of Clin- opens the door for bad actors to take They simply must report to the gov- ical Oncology; American Syringomyelia and advantage of terminally ill patients. It ernment at some point that the patient Chiari Alliance Project; Amyloidosis Sup- is the FDA’s job to ensure that drugs received the drug. No permission slip is port Groups; Association for Creatine Defi- are safe and effective, and we can’t required. ciencies; Benign Essential Blepharospasm trust manufacturers to act as this This bill requires robust informed Research Foundation; Biomarin; Bonnie J. gatekeeper. consent between the patient, doctor, Addario Lung Cancer Foundation; Breast There is already a safe process for Cancer Action; Bridge the Gap—SYNGAP and manufacturer, while requiring no- terminally ill patients to access experi- tification be given to the FDA after an Education and Research Foundation CancerCare; Cancer Prevention and Treat- mental treatments. Under what is unapproved drug becomes available to called the expanded access program, 99 an eligible patient and requires doctors ment Fund; Charlotte and Gwenyth Gray Foundation to Cure Batten Disease. percent of applications are approved. and manufacturers to report adverse Children’s Cause for Cancer Advocacy; The expanded access program plays a events to the FDA. Children’s Cardiomyopathy Foundation; vital safety role. Mr. Speaker, when a life hangs in the Congenital Hyperinsulinism International; I am very troubled by what can hap- balance, the Federal Government CurePSP; Cutaneous Lymphoma Founda- pen to patients in some States who un- should not stand in the way of access tion; Cystic Fibrosis Foundation; Defeat dergo treatment from right-to-try com- to these potential treatments. I have MSA; The Desmoid Tumor Research Founda- panies. In 19 States, patients using an traveled our district in all corners and tion; The Disability Rights Legal Center; investigational drug could actually have met so many different people— Dupl5q Alliance; Dysautonomia Foundation; lose their hospice coverage; in 6 States, L.J. Kidon and Claire Concilio, most Equal Access for Rare Disorders; Fight Colorectal Cancer; FORCE: Facing Our Risk they could be denied home care cov- recently. Mr. Speaker, these people are of Cancer Empowered; Former FDA Commis- erage. These are the very people who an inspiration for this bill. They want sioner Margaret Hamburg; Former FDA are dependent on hospice and home to see this bill passed. Let’s get this Commissioner Robert Califf; Friedreich’s healthcare, and this bill would cause done for them. Ataxia Research Alliance (FARA); Friends of Mr. PALLONE. Mr. Speaker, I yield Cancer Research; Georgia State University them to lose that coverage. such time as she may consume to the College of Law; The Global Foundation for This is not a humane, patient-cen- tered bill for people who are facing gentlewoman from Illinois (Ms. SCHA- Peroxisomal Disorders. Glutl Deficiency Foundation; The Guthy- death; it is just a dangerous pathway KOWSKY), who is the ranking member for the Digital Commerce and Con- Jackson Charitable Foundation; Hemophilia for bad actors to exploit those very Federation of America; Hematology/Oncol- people. sumer Protection Subcommittee. ogy Pharmacy Association; HLRCC Family Ms. SCHAKOWSKY. Mr. Speaker, I Mr. Speaker, I urge my colleagues to Alliance; Hope for Hypothalamic oppose H.R. 5247, and, again, I thank thank the gentleman for his generosity Hamartomas; Hyper IgM Foundation, Inc.; and time. International Fibrodysplasia Ossificans the gentleman for the opportunity to I want to say, Mr. Speaker, that I Progressiva (FOP) Association; International speak against this piece of legislation. rise in opposition to H.R. 5247 because Myeloma Foundation; International Mr. BURGESS. Mr. Speaker, at this it creates a dangerous back door for Pemphigus and Pemphigoid Foundation; time, I am pleased to yield such time modern-day snake oil salesmen, a back International Society for Stem Cell Re- as he may consume to the gentleman door around the FDA approval process search; International Waldenstrom’s from Oregon (Mr. WALDEN), the chair- for people who may or may not be Macroglobulinemia Foundation (IWMF); The man of the full committee. Isaac Foundation; Jack McGovern Coats’ preying on desperate people, and it ig- Mr. WALDEN. Mr. Speaker, I rise Disease Foundation; The LAM Foundation; today on behalf of the patients, the pa- nores that there actually is a safe The Leukemia & Lymphoma Society; pathway for terminally ill patients to Lymphoma Research Foundation; Li- tients who face terminal diagnoses but get treatment. Fraumeni Syndrome Association (LFS Asso- have exhausted all available known This bill failed to pass last week and ciation/LFSA); LUNGevity Foundation; Max treatment options. it should fail again. It is a harmful pol- Cure Foundation. Before us today we have legislation icy that both Republican-and Demo- M–CM Network; Mattie Miracle Cancer that received 260 bipartisan votes last cratic-appointed former FDA Commis- Foundation; MitoAction; MLD Foundation; week; that was nearly 260 votes to in- sioners concluded there is ‘‘no evi- Moebius Syndrome Foundation; The MSA crease patient access to investigational Awareness Shoe; Mucolipidosis Type IV drugs through a new pathway. dence’’ that this bill ‘‘would meaning- Foundation; The Myelin Project; Myotonic fully improve access for patients, but Dystrophy Foundation; National Brain I want to thank Dr. BURGESS for his would just remove the FDA from the Tumor Society; National Coalition for Can- incredible work on our Energy and approval process and create a dan- cer Survivorship; National Comprehensive Commerce Committee to do our due gerous precedent that would erode pro- Cancer Network; National Consumers diligence, to take an issue that is im- tections for vulnerable patients,’’ the League; National Health Council; National portant to our citizens and our col- most vulnerable patients. People whose MPS Society; National Niemann-Pick Dis- leagues and make sure that it has been lives are in danger feel that they will ease Foundation; National Organization for properly vetted, reviewed, and im- try anything, and there are people out Rare Disorders (NORD); National Patient proved upon from what we got from the Advocate Foundation; National Physicians there who will prey on that. Alliance; National PKU Alliance. Senate. This bill denies patients what they National PKU News; National Women’s Mr. Speaker, 38 States have right-to- really need, which is safe and effective Health Network; Neurofibromatosis North- try laws, including my own State of treatments. This bill strips away im- east; NYU Langone Health; Operation ASHA; Oregon. This is something that people portant safeguards in the name of help- Our Bodies Ourselves; PRP Alliance, Inc.; want and deserve. Wisconsin will make ing patients, but it does not, and that Prevent Cancer Foundation; Public Citizen; it number 39 once the bill they have is why 78 patient groups and doctors, Rare and Undiagnosed Network (RUN); Sar- passed gets across Governor Scott groups like the American Cancer Soci- coma Foundation of America; Scleroderma Walker’s desk. ety, the Cystic Fibrosis Foundation, Foundation; The Snyder-Robinson Founda- While the State policies vary, they tion; Sofia Sees Hope; SSADH Association. and the Leukemia & Lymphoma Soci- Susan G. Komen; TargetCancer Founda- have a common goal, and that is help- ety, oppose this bill. In total, there are tion; Treatment Action Group; The Turner ing vulnerable patients. President now 110 groups opposing this bill. Syndrome Society; TMJA Trump praised the movement during

VerDate Sep 11 2014 05:19 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.022 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE March 21, 2018 CONGRESSIONAL RECORD — HOUSE H1743 the State of the Union, saying: ‘‘People through the new alternative pathway Rescinding any FDA oversight on who are terminally ill should not have to ensure proper oversight. unproven therapies that have not un- to go from country to country to seek Mr. Speaker, I want to thank my col- dergone multiple clinical trials is a a cure—I want them to have a chance leagues in the House, and especially slippery slope. The expedited process right here at home.’’ Dr. BURGESS on the Health Sub- we have now is working, and I cannot I have spoken to the President di- committee, but also Representative support a bill that offers a ‘‘right to rectly about what we are doing here, BRIAN FITZPATRICK; ANDY BIGGS, who is ask’’ alongside proposals that could be and he gave me a shout-out when he behind me; MORGAN GRIFFITH; and our dangerous for all. was up in New Hampshire the other day Vice President, MIKE PENCE. I am Mr. Speaker, I urge my colleagues to about moving this bill forward. We grateful for their work and for their oppose this bill. worked closely with the Vice President understanding that our job here in the Mr. BURGESS. Mr. Speaker, I am and his team and with Scott Gottlieb, House is to do our work: to hear from pleased to yield 3 minutes to the gen- who is the doctor who heads the FDA, people who are affected or might be af- tleman from Virginia (Mr. GRIFFITH), a the Food and Drug Administration, to fected, to improve upon products, to go valuable member of the Energy and get a really good, thoughtful product through regular order, and to bring Commerce Committee, the vice chair- before this House, and they support this bill to you today. man of the Oversight and Investiga- what we are doing here. President Mr. Speaker, I urge all of my col- tions Subcommittee. Mr. GRIFFITH. Mr. Speaker, I have Trump also highlighted this bill, as I leagues in the House to support this heard people say that they don’t want legislation. said, when he was in New Hampshire. to support a bill that makes things It is important to note that this isn’t Mr. PALLONE. Mr. Speaker, I yield worse. We have people who are ter- the first time we have considered this such time as she may consume to the minal, whose life expectancy is meas- bill. As you may know, last week, we gentlewoman from California (Ms. ured in months, not in decades, and tried to move this on the suspension MATSUI). how do you make things worse? calendar, never imaging that the Ms. MATSUI. Mr. Speaker, I thank I said last week, and I repeat it Democrats would actually whip against the gentleman for yielding to me. today, that if I—if, and I am not, thank giving dying patients the right to try Mr. Speaker, I rise in opposition to God—but if I were faced with one of one of these drugs. We had 32 Demo- H.R. 5247, the so-called right-to-try leg- these heart-rendering situations, I crats support this legislation, and that islation. This bill does not give pa- would take any risk, including inject- is why we brought it back under reg- tients the right to try; rather, it gives ing monkey urine, if that meant I ular order in a rule today. patients the right to request, which could spend a few more days, months, Now, today, there is an existing proc- fails to address real barriers to access- or years with my children. ess, and you have heard about it—and ing experimental drugs such as drug we looked at this in the committee— costs or company restrictions. b 1330 for patients to access unapproved I will reiterate that patients already I think many people are in that same drugs. The FDA oversees expanded ac- have the right to try through an expe- boat, and the American people deserve cess, commonly known as compas- dited process that approves 99 percent a right to try. When we were doing our sionate use. This program has been of requests it receives. This legislation, hearings on this, we had an Energy and critical in helping patients access ex- however, fails to recognize that, if a Commerce Subcommittee on Health perimental drugs. It does work. patient is denied access, it is usually hearing where Lieutenant Commander Commissioner Gottlieb and the agen- because a drug manufacturer says no Matthew Bellina, who graduated from cy should be commended for their con- due to manufacturer concerns about Virginia Tech in my district and served tinued work to improve the expanded safety or side effects, not because the in the United States Navy, testified be- access program for patients. As you FDA denied a request. fore us. He said, in the conclusion of have heard from my colleagues on both I know, like everyone else, I have his comments: ‘‘I know that it is prob- sides of the aisle, this program works, heard from many constituents suf- ably too late for me, and I have made and works effectively, but it doesn’t do fering from terminal illnesses such as my peace with that. I need to know be- it all, and that is why this legislation ALS who are desperate for cures; and I fore I die that, if my children find is before us. believe that every single one of us in themselves in this unenviable position, To improve upon this successful pro- this Chamber has confronted, in some this Nation that I proudly served will gram, the bill before us today provides way, a family member—mother, father, respect their liberties and their right liability protections for manufactur- spouse—who had, heartbreakingly, an to make their own decisions about ers, sponsors, physicians, clinical in- illness that had no cure. We have gone their medical treatments.’’ He suffered from ALS, as I said. I vestigators, and hospitals that partici- through the process many times, and I have had three friends during my life- pate in the existing expanded access think we all have felt desperate from time die of that: Ray Robrecht, my program and the new alternative path- time to time. predecessor a couple terms back in the way that we create under this legisla- However, having said that, just be- Virginia House of Delegates; Julie tion. cause a person at the end has no hope, Mullins, whose family I have known for This was a very big issue for those to try something that might make decades; and Mike Ahern, who was con- who needed to be brought into partici- things worse so you cannot go on to a nected with the United States Senate pation who otherwise might have sat more peaceful resolution would be through his sister. All of these folks on the sidelines and never made these hurtful not only to the patient, but to were people who lived in Salem County drugs available. This provision removes the family. or Roanoke County, and they all died one of the biggest hurdles that patients Opening up unregulated pathways to from ALS. They were all brave people. face and that was identified by the drugs after only a phase 1 clinical trial They should have had the right to try Government Accountability Office; it may expose patients to severe and un- to see if they could make an improve- is the biggest hurdle they face in get- predictable side effects. This bill would ment for others. ting access to experimental therapies: prevent FDA from documenting these Even more poignant are my family manufacturers’ hesitancy to partici- side effects and, worse, would prevent friends who lost both a grandparent pate. That is the hurdle we are trying FDA from protecting other patients and their mother to Huntington’s cho- to overcome today in a safe way. from a similar fate. rea. I was their family lawyer. I did The bill also creates a new alter- When a loved one is in pain, the last their will. I would like to believe, and native pathway for patients who do not thing a family wants is to cause fur- I know they would have liked the op- qualify for a clinical trial. This legisla- ther suffering. We need clinical trials tion, that their mother would have tion strengthens patient protections to ensure drugs are safe and effective chosen the right to try, knowing that, with clearer informed consent and ad- and to find real cures for patients, and even if it failed, it might help another verse event reporting. The bill also en- we need the FDA to be a part of the generation because, as you know, Hun- sures the FDA is notified when a pa- process as a matter of patient protec- tington’s chorea is a genetically trans- tient receives an unapproved drug tion for all. mitted disease.

VerDate Sep 11 2014 05:19 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.023 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1744 CONGRESSIONAL RECORD — HOUSE March 21, 2018 So I do not understand why people Mrs. BROOKS of Indiana. Mr. Speak- now wants to be President of the are afraid of letting people try who er, the right-to-try legislation will be United States. This bill allows Jordan have no other hope, whose life is going considered on the House floor today. to have those big dreams, and it will be to be cut short, without taking that This is about giving people hope to try. providing patients across this country Hail Mary pass. And so I hope that ev- It is about hope to try investigational with hope. eryone will support this reasonable, drugs which have passed the first of Yes, it is hope, hope for patients that measured effort to let people have a three phases of the FDA clinical trial they may find the cure someday that choice and a right to try. process, the safety testing phase. And they have been searching and fighting Mr. PALLONE. Mr. Speaker, I yield these investigational drugs could pos- for, hope for patients and their families myself such time as I may consume. sibly prolong or save the lives of termi- that there will be more time to make Mr. Speaker, I want to explain some nally ill patients. more memories that can last a life- other reasons why I am very opposed to I like to remind my colleagues that a time. this bill. I am concerned that H.R. 5247 little boy was in Washington, D.C., on In closing, I would just like to em- essentially does nothing to address the House floor just last week when we phasize how critically important it is what may be the true barrier to ex- first voted on this legislation. Prior to that Congress join together to support panded access, and that is the deter- that vote, I had met Jordan during an the bill for the millions of Americans mination by the manufacturer as to Energy and Commerce Committee who fight for their lives because of a whether or not they will provide access hearing focusing on the implementa- terminal illness. I urge my colleagues to their product that is under develop- tion of the 21st Century Cures Act. to support this bill. ment. And I want to stress, there is Jordan McLinn is a second grader Mr. PALLONE. Mr. Speaker, may I nothing in this legislation before us from Indianapolis who may look like inquire how much time I have remain- today that would compel a manufac- any other healthy child, but he has ing? turer to grant access upon request. Duchenne muscular dystrophy, or The SPEAKER pro tempore. The gen- Further, I believe that trusted manu- 1 DMD, a fatal, degenerative condition tleman from New Jersey has 15 ⁄2 min- facturers like J&J, or Johnson & John- which causes muscle weakness. DMD is utes remaining. son, which is headquartered in my dis- caused by an absence of dystrophin, a Mr. PALLONE. Mr. Speaker, I yield trict, have already said that any com- protein that helps keep muscle cells in- such time as he may consume to the passionate use request must be subject tact. Oftentimes, kids born with DMD gentleman from Texas (Mr. GENE to FDA review. Now, I have heard my are wheelchair-bound by age 12, and GREEN), the ranking member of the colleagues refer to this as a Hail Mary they have a life expectancy of just 25 Health Subcommittee. pass for the terminally ill. I think, in years old. Mr. GENE GREEN of Texas. Mr. reality, it is offering false hope of a DMD is a genetic disease that is typi- Speaker, I thank my ranking member cure to patients and their families cally passed on to boys through their for yielding to me. I rise in opposition when there is no guarantee that any mother’s X chromosome. But some- to the right-to-try legislation that patient will receive access to treat- times the mother is not a carrier, there would bypass the Food and Drug Ad- ment from a manufacturer. is no family history of the disease, but ministration’s longstanding review and In fact, H.R. 5247 sets an extremely a child is born with the disease any- oversight of drug treatments and en- low threshold for the types of experi- way. This is what happened to Jordan danger patients with life-threatening mental treatments that may be avail- McLinn. His mother, Laura, is not a diseases. able through this alternative pathway carrier. This disease does not run in Many States have passed this right- by allowing patients access to inves- their family. to-try piece of legislation, including tigational treatments that have only Jordan was born with DMD, but it my home State of Texas, but the completed a phase 1 clinical trial. Pa- was not diagnosed until he was 4 years States don’t have the FDA. The Fed- tients will be exposed to treatments old. So can you imagine what this fam- eral Government has the right to be with no or relatively little data that ily has been through? After Jordan was able to make sure we can protect both they are actually effective. These ex- diagnosed, his family hit the ground constituents and consumers. My heart tremely small trials only examine the running, trying to find the best pos- goes out to the loved ones who are ter- safety and toxicity of a drug and do not sible treatment options and therapies minally ill and desperate for a break- determine the effectiveness or poten- for people with DMD. His mother, through treatment. I cannot support tial side effects. Access at this phase 1 legislation that offers false hope to the stage in the development could expose Laura, was quoted in The Indianapolis terminally ill and their families. patients to untested products and fur- Star today in an article focused on the The FDA has a pathway whereby ther harm and result in delaying access right-to-try bill saying: ‘‘The reason those in need of investigational medi- to a treatment that may be more ap- we have remained on this journey and cations may seek to obtain them. This propriate and more beneficial for their fighting so hard for it is not nec- program is known as the expanded ac- underlying disease or condition. essarily for Jordan immediately. It’s Only 1 in 10 products move on from for all the patients that we’ve met cess pathway, or compassionate use, phase 1 clinical trials to FDA approval. along the way.’’ and has been in the law since 1987. Over Mr. Speaker, the bill does not make Jordan and his family have been on the last decade, the FDA has a clinical any adverse-event reporting to the this journey advocating this fair and hold on only two commercial drug de- FDA immediate. It also limits FDA’s compassionate bill in Indiana and be- velopment programs due to adverse ability to use clinical outcomes associ- yond for Jordan but also for so many events associated with compassionate ated with the use of an investigational others. In 2015, then-Governor MIKE use. product when reviewing a product for PENCE signed Indiana’s right-to-try law There are many patient advocacy approval if it could adversely impact with Jordan McLinn by his side. Now a groups that are opposing this legisla- its review. It also prevents any entity total of 38 States have already passed tion. Groups such as the Alliance for from being held liable for use of the laws that take a variety of approaches Aging Research, the American Cancer treatment. to helping vulnerable patients. By Society Cancer Action Network, Amer- Again, these are some of the many passing this legislation in the House ican Lung Association, the American reasons that more than 100 organiza- today, we will increase access—nation- Society of Clinical Oncology, the Cys- tions oppose this dangerous bill. wide—to unapproved, investigational tic Fibrosis Foundation, Defeat MSA, Mr. Speaker, I reserve the balance of drugs for patients with a terminal ill- the Disability Rights Legal Center, and my time. ness. dozens more that are committed to Mr. BURGESS. Mr. Speaker, I yield 4 In that same IndyStar article I men- seeking effective treatment cures to minutes to the gentlewoman from Indi- tioned earlier, Laura shared that Jor- many diseases which are terminal, are ana (Mrs. BROOKS), another valuable dan has always wanted to be a fire- against this bill. These patients’ rights member of the Committee On Energy fighter, but now, after coming to the groups seek to ensure that the medica- and Commerce and the Subcommittee Nation’s Capital many times, he has tion that is offered to individuals is on Health. aspirations to be something else. He safe, has been tested, and has gone

VerDate Sep 11 2014 05:19 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.025 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE March 21, 2018 CONGRESSIONAL RECORD — HOUSE H1745 through the proper approval process drugs. Yet, in order to satisfy them, the authority of the expert public before it is given to a patient. the bill itself says that they are excul- health agency charged with reviewing The most vulnerable and terminally pated unless their conduct is willful or drugs to ensure their safety and effi- ill individuals deserve to have access to criminal. That means that they have cacy. safe therapies that have undergone the protection. I would urge my colleagues to oppose necessary approval process before What I am asking here today, and this grab at FDA’s authority. That is being given to those who can least af- what everyone with whom I have met really what this legislation is all ford to receive unproven treatment over the years who want a right to try about. that may do them more harm than is asking, is simply a chance to have Mr. Speaker, I reserve the balance of good. In addition to the physical harm some determination and control over my time. which unproven treatments may cause, their own lives. Mr. BURGESS. Mr. Speaker, I yield 3 minutes to the gentleman from Geor- there is also the risk of financial ex- b 1345 ploitation of terminally ill patients gia (Mr. ALLEN). given that such treatments are not One of the intriguing arguments I Mr. ALLEN. Mr. Speaker, I rise covered by insurance. Manufacturers hear today and I heard last week is, today to encourage my colleagues to are not required to cover the cost of in- well, you know what, the pharma- join me in supporting H.R. 5247, the vestigational treatment. ceutical companies aren’t compelled to Right to Try Act, and I thank Dr. BUR- The majority’s decision to go around provide these drugs. So my immediate GESS and the Energy and Commerce our committee’s consideration and ef- question is: Oh, so you would be more Committee for bringing this important fort to pass the bill on suspension last comfortable, then, if we would have in- legislation to the floor of this House. week exemplifies what this legislation cluded a compulsory means in the bill? In certain States across our Nation, is trying to do, circumvent existing Did you want the pharmaceutical com- patients who are diagnosed as termi- rules and processes that have been cre- panies to be compelled to provide nally ill are being told by doctors that ated to protect Americans from hasty these? all of the treatment options have been decisions. The answer would be no. It is simply exhausted because they do not have ac- I ask my colleagues on both sides of they don’t like this bill. They don’t cess to experimental drugs. This type the aisle to stand up for Americans fac- want the bill. of overregulation by the Federal Gov- ing serious and life-threatening dis- When you have 38, soon to be 39, ernment is creating hopeless situations eases by opposing this unnecessary and States that want to give their citizens, for thousands of Americans whom we potentially dangerous legislation. Americans all, the right to try to pre- hold dearest to our hearts. Mr. BURGESS. Mr. Speaker, I yield 3 serve their lives and to be healed and This right-to-try legislation allows minutes to the gentleman from Ari- have a chance, they need to get that; terminal patients to have a choice on zona (Mr. BIGGS), one of the primary they need that opportunity. We need to whether or not an experimental ap- drivers on this legislation. give it to them today. proach is the path for them, as some- Mr. BIGGS. Mr. Speaker, I thank the Mr. PALLONE. Mr. Speaker, I yield times, and many times, this is their gentleman from Texas for yielding. I myself such time as I may consume. only option. also pay my respects and give honor to Mr. Speaker, there has been a lot of Should this bill become Federal law, RON JOHNSON, the Senator from Wis- misinformation spread by supporters of our terminally ill patients will have in- consin who championed the bill in the this legislation that FDA is a barrier creased access, nationwide, to unap- Senate and gave us a superb bill; also, to patients receiving access to these in- proved drugs, leading to more sci- Chairman WALDEN and his committee, vestigational treatments, and I want to entific breakthroughs that will benefit who have worked hard to give us this be very clear that that is simply not all Americans and, in lots of cases, will bill today; and my original cosponsor the case. save a life. on the bill that I introduced, Mr. FDA’s expanded access program ap- Now is the time for Congress to take FITZPATRICK from Pennsylvania. proves nearly all requests for inves- action and give terminally ill patients Mr. Speaker, I want to address just a tigational drugs or biologics it re- a fighting chance for their God-given couple of things that I think are really ceives. For the past 5 years, FDA’s ap- right to life. How in God’s name can intriguing to me because it certainly proval rate for expanded access re- this Congress deny an American the seems a bit condescending to me when quests has been over 99 percent. In fis- right to life? I hear people say: I am not going to cal year 2017, as I previously men- Mr. Speaker, I urge all my colleagues support this because it gives false hope tioned, only nine individual requests to join me today in supporting this bill that people might be taken advantage were denied. on this floor. of by bad actors. They cannot identify FDA also conducts its review quick- Mr. PALLONE. Mr. Speaker, I yield the bad actors, but they might be tak- ly. FDA physicians are available 24 myself such time as I may consume. ing advantage of them. That is a falla- hours a day to approve any emergency Mr. Speaker, I said before that I have cious and specious argument to make expanded access requests the agency found that some Members were looking when you are denying people who have receives, typically granting emergency to vote for this bill because they said: a terminal illness, who have been diag- requests immediately, over the phone, Well, we have the right to try in our nosed with a terminal illness, who have and nonemergency requests in a me- State by State statute, so what is the gone through the already approved dian time of 4 days and, generally, no difference if we do it on the Federal FDA processes in order to get and peti- longer than 30 days. level? tion a pharmaceutical company for an FDA has also taken actions to I just want to stress again that the experimental drug that might prolong streamline the expanded access request State right-to-try laws do not give pa- their life and might heal them. process for physicians to make it less tients a right to try effectively and False hope, that argument, is the ar- burdensome. I think that was men- have done little to expand access to in- gument that I am hearing. But the re- tioned by Mr. WALDEN, the chairman. vestigational treatments. ality is these people are individuals. Pharmaceutical companies can There are 37 States and the District They have a higher sense of reality choose to deny a patient access to an of Columbia that have enacted right- than virtually anybody else I know be- experimental treatment because, for to-try laws, and there is no evidence cause their mortality is there. They example, there is not enough of the that anyone has obtained an investiga- want the opportunity. It is not false drug available or they are concerned tional treatment via these laws that hope. It is hope. Support of this bill is about dangerous side effects. The fact couldn’t have been obtained through compassionate. Support of this bill is is, when a patient is denied access to FDA’s expanded access program. fair. an experimental treatment, it is be- Right-to-try laws do not compel com- I have also heard that there may be cause the company has said no, not the panies to provide patients access to in- some liability issues on the part of FDA. vestigational treatments; therefore, pharmaceutical companies which So let’s be clear as to what this legis- under these State laws, patients still might impede them from providing lation is. It is an attempt to undermine do not have a right to try, only the

VerDate Sep 11 2014 05:19 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.026 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1746 CONGRESSIONAL RECORD — HOUSE March 21, 2018 right to request the treatment from islation because it excludes FDA re- House provided to a Democratic donor the company. view and they think could pose serious back in October of 2008. State right-to-try laws do not ad- risks to vulnerable patients. Yesterday I quoted from an article dress the fundamental barriers of cost I just wanted to read, once again, a from the Dallas Morning News. I have and company restrictions. Neither the statement that they made jointly to a different but similar article today FDA nor States require insurers or The Washington Post, where they said: talking about the same case, talking pharmaceutical companies to cover the ‘‘There is no evidence that either bill about the individual who had a diag- cost or reduce the costs of these often would meaningfully improve access for nosis of multiple myeloma. expensive treatments. Instead, these patients, but both would remove the There was a drug that perhaps would laws put patients at higher risk by pro- FDA from the process and create a dan- provide some hope. The individual was hibiting or weakening FDA’s oversight gerous precedent that would erode pro- clearly terminal. This monoclonal of investigational treatments. tections for vulnerable patients.’’ antibody that was primarily used to Mr. Speaker, I reserve the balance of Mr. Speaker, I just want to stress to treat multiple sclerosis might show my time. my colleagues on both sides of the aisle some efficacy in treating the advanced Mr. BURGESS. Mr. Speaker, I yield 3 that my concern is that no one is actu- form of multiple myeloma that this pa- minutes to the gentleman from Ten- ally going to be able to get an experi- tient had. The drug had been through nessee (Mr. ROE), the chairman of the mental drug by this bill. In other phase 1 clinical trials. The patient did Committee on Veterans’ Affairs. words, if you are a manufacturer that not have time for the drug to go Mr. ROE of Tennessee. Mr. Speaker, I actually has done something and come through phase 2 and phase 3 clinical rise today in strong support of H.R. up with an experimental drug that you trials. 5247, the Right to Try Act. believe will make a difference to some- The article says: I am a physician and scientist with one who is terminally ill, you are like- Enter Nancy Pelosi. Through means to over 40 years experience treating pa- ly going to want to go through the which we have never been privy, Ms. Pelosi tients, some of whom had the dreaded FDA expanded access process because got the FDA to give the manufacturer the diagnosis of cancer. then there is a seal of approval that all-clear to give the drug to the patient. The Six months ago, I was operated on for the FDA has actually looked at this patient got the drug, the patient took the cancer, and I, to this day, am a cancer drug, but, unfortunately, the patient died and said that it is relatively safe to anyway, but his family remains grateful to survivor. If needed, I would like to use. the Speaker for interceding on his behalf. have the right to try. So my real fear is that the only thing I don’t doubt that they are. A little over 3 years ago, my beloved this is going to do is open up to the Yesterday, I quoted the Dallas Morn- wife, Pam Roe, a nurse and friend, died possibility of some charlatan, fly-by- ing News article where the patient’s of stage IV colon cancer. She would night snake oil drug company or manu- spouse said, somehow, NANCY PELOSI have liked to have had the right to try. facturer who is going to make all kinds got it done. Less than 2 months after that, one of of claims that have not been reviewed Well, do you know what, Mr. Speak- the best friends I will ever have in my by the FDA for any kind of safety, and er? You shouldn’t have to depend on life, Phil Street, a Vietnam veteran, that then people may say: Okay. Well, the Speaker of the House to intercede Air Force veteran, died of a cancer re- I will take that because I am termi- on your behalf to get the FDA to get lated to Agent Orange. Phil would have nally ill and I might as well try some- the manufacturer to make a drug liked to have had the right to try. thing. available. If you are really up against a My senior partner in medical prac- But that isn’t really what we should bad situation, wouldn’t it be better if tice, a year later, good friend, was di- be doing here. We should be providing a we provided everyone that same path- agnosed with brain cancer. Dr. Cone process, as the FDA does right now, way? would have liked the right to try. where, if someone is terminally ill and That is what this bill does today. Shortly after that, Linda Baines, a they want to try something, they at That is why the right-to-try legislation scrub nurse that I have operated with least have some certification of ap- was advocated by the President of the hundreds of times in my medical prac- proval by the FDA that this is some- United States. In fact, I think it was tice, was diagnosed with cancer. Linda thing that may help them, that may the only legislative priority that the would have liked the right to try. make a difference, and that, in the case President laid out during his State of I have two dear friends at this mo- of about 11 percent of the cases where the Union Address where he wanted to ment who are both being treated for the application is made to the FDA, see Congress act. stage IV cancer. If those treatments some changes are made to make sure So today, we are going to do that. don’t work—and I have had to look pa- that even though there is a certain Today, we are going to act. It is an im- tients in the eye and say, Mr. Speaker: level of risk, that that level of risk is portant bill. I encourage my colleagues ‘‘Your life is not in my hands anymore. reduced by the FDA putting on addi- to vote in favor of it. It is in God’s hands’’—they would like tional safety precautions. Mr. Speaker, I yield back the balance to have the right to try. So my real concern here is I don’t of my time. I tell you this: all these patients want people to vote for this legislation The SPEAKER pro tempore. All time want and deserve is a right to try. thinking that somehow it is going to for debate has expired. Please, I am asking you to support this make a difference. I really don’t be- Pursuant to House Resolution 787, legislation. lieve that is true. Otherwise, I wouldn’t the previous question is ordered on the Mr. PALLONE. Mr. Speaker, may I urge the opposition that I am. But for bill. inquire how much time remains and all these reasons, I do urge strong op- The question is on the engrossment whether the gentleman has additional position to this bill and ask that my and third reading of the bill. speakers on his side. colleagues vote ‘‘no.’’ The bill was ordered to be engrossed Mr. BURGESS. Mr. Speaker, I will be Mr. Speaker, I yield back the balance and read a third time, and was read the closing. of my time. third time. The SPEAKER pro tempore. The gen- Mr. BURGESS. Mr. Speaker, I yield tleman from New Jersey has 9 minutes myself the balance of my time. b 1400 remaining. The gentleman from Texas Mr. Speaker, yesterday, during the MOTION TO RECOMMIT has 31⁄2 minutes remaining. rule debate on this bill, I outlined a Mr. PALLONE. Mr. Speaker, I have a Mr. PALLONE. Mr. Speaker, I yield case where the previous Speaker, motion to recommit at the desk. myself such time as I may consume. NANCY PELOSI, provided the right to The SPEAKER pro tempore. Is the Mr. Speaker, I just want to stress try for a patient, a Democratic donor, gentleman opposed to the bill? that, as I said before, we have the four back in my home State of Texas. So, Mr. PALLONE. I am opposed to the previous FDA Commissioners, two really, all we are asking today is that bill in its current form. Democrats and two Republicans ap- we give regular Americans, the forgot- The SPEAKER pro tempore. The pointed by President Bush, who have ten men and women of this country, Clerk will report the motion to recom- raised serious concerns about this leg- the same rights that the Speaker of the mit.

VerDate Sep 11 2014 05:19 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.028 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE March 21, 2018 CONGRESSIONAL RECORD — HOUSE H1747 The Clerk read as follows: (c) LIABILITY.—Section 561 of the Federal Mr. PALLONE (during the reading). Mr. Pallone moves to recommit the bill Food, Drug, and Cosmetic Act (21 U.S.C. Mr. Speaker, I ask unanimous consent H.R. 5247 to the Committee on Energy and 360bbb) is amended— to dispense with the reading. Commerce with instructions to report the (1) by redesignating subsection (e) as sub- The SPEAKER pro tempore. Is there same back to the House forthwith, with the section (f); and objection to the request of the gen- following amendment: (2) by inserting after subsection (d) the fol- tleman from New Jersey? Strike section 2 and insert the following: lowing: There was no objection. SEC. 2. USE OF UNAPPROVED INVESTIGATIONAL ‘‘(e) LIABILITY.— The SPEAKER pro tempore. Pursu- DRUGS BY PATIENTS DIAGNOSED ‘‘(1) ALLEGED ACTS OR OMISSIONS.— WITH A TERMINAL ILLNESS. ant to the rule, the gentleman from ‘‘(A) MANUFACTURER OR SPONSOR.—No man- (a) IN GENERAL.—Chapter V of the Federal New Jersey is recognized for 5 minutes Food, Drug, and Cosmetic Act is amended by ufacturer or sponsor (or their agent or rep- in support of his motion. inserting after section 561A (21 U.S.C. resentative) of an investigational drug pro- Mr. PALLONE. Mr. Speaker, this is 360bbb–0) the following: vided to a single patient or small group of an amendment to the bill, or the final ‘‘SEC. 561B. INVESTIGATIONAL DRUGS FOR USE patients for treatment use shall be liable for amendment to the bill, which will not BY ELIGIBLE PATIENTS. any alleged act or omission related to the kill the bill or send it back to com- provision of such drug, so long as such drug ‘‘(a) USE OF CLINICAL OUTCOMES.— mittee. If adopted, the bill will imme- ‘‘(1) IN GENERAL.—The Secretary shall issue was provided in accordance with subsection guidance describing the Secretary’s consid- (b) or (c), including the reporting of safety diately proceed to final passage, as eration and evaluation, for purposes of the information, from clinical trials or any amended. And this amendment would review of, and decision on whether to ap- other source, as required pursuant to section offer a more targeted approach to im- prove, a marketing application under section 312.32 of title 21, Code of Federal Regulations proving the FDA’s current expanded 505 of this Act or section 351 of the Public (or any successor regulations). access program. Health Service Act for an investigational ‘‘(B) PHYSICIAN, CLINICAL INVESTIGATOR, OR In October, the Energy and Com- drug, of clinical outcomes associated with HOSPITAL.— merce Committee held a hearing on the the provision by a sponsor or manufacturer ‘‘(i) No licensed physician, clinical investi- widely opposed Senate right-to-try leg- of such drug under subsection (b) or (c) of gator, or hospital shall be liable for any al- islation. At that hearing, we heard con- section 561. Such guidance shall address— leged act or omission related to the provi- cerns from FDA Commissioner Gottlieb ‘‘(A) specific instances in which the Sec- sion to a single patient or small group of pa- retary will determine that the public health and also from manufacturers, academic tients for treatment use of an investiga- experts, and patient groups that S. 204 requires such consideration and evaluation; tional drug in accordance with the require- ‘‘(B) specific instances in which a sponsor ments described in clause (ii), unless such was legislation that would expose may request such consideration and evalua- act or omission constitutes on the part of broad numbers of patients to harm, and tion; and such physician, clinical investigator, or hos- sought to hamstrung the FDA’s ability ‘‘(C) the context in which such consider- pital with respect to such investigational to oversee or engage in any meaningful ation and evaluation will occur, particularly drug— way on the use of investigational treat- with regard to information and data relevant ‘‘(I) willful or criminal misconduct; ments. to the evaluation of a marketing application ‘‘(II) reckless misconduct; Since that time, my colleagues on under section 505 of this Act or section 351 of ‘‘(III) gross negligence relative to the ap- the Public Health Service Act for the inves- the other side of the aisle have drafted plicable standard of care and practice with tigational drug. new legislation that maintains, in my respect to the administration or dispensing ‘‘(2) GUIDANCE.— opinion, the same harmful approach of such investigational drug; or ‘‘(A) DRAFT GUIDANCE.—Not later than 1 prohibiting FDA review of experi- year after the date of enactment of this sec- ‘‘(IV) an intentional tort under applicable mental treatments. The FDA is part of tion, the Secretary shall issue draft guidance State law. the process for a reason. It protects pa- with a public comment period regarding the ‘‘(ii) The requirements described in this clause are the requirements under subsection tients from potentially bad actors or use of clinical outcomes associated with the from experimental treatments that use of an investigational drug that a sponsor (b) or (c), including— ‘‘(I) the reporting of safety information, might do more harm than good. or manufacturer has provided under sub- So my motion to recommit, Mr. section (b) or (c) of section 561, as described from clinical trials or any other source, as in paragraph (1). required pursuant to under section 312.32 of Speaker, abandons this harmful at- ‘‘(B) FINAL GUIDANCE.—Not later than 1 title 21, Code of Federal Regulations (or any tempt to undermine the FDA’s ex- year after the public comment period on successor regulations); panded access pathway and, instead, such draft guidance ends, the Secretary shall ‘‘(II) ensuring that the informed consent seeks to make two improvements that issue final guidance. requirements of part 50 of title 21, Code of have been identified as meaningful by ‘‘(b) POSTING OF INFORMATION.—Not later the Federal Regulations (or any successor both manufacturers and patient than 1 year after the date of enactment of regulations) are met; and groups. this section, the Secretary shall post on the ‘‘(III) ensuring that review by an institu- This proposal will also not be any internet website of the Food and Drug Ad- tional review board is obtained in a manner surprise to Chairman WALDEN or Chair- ministration and update annually, cat- consistent with the requirements of part 56 egorized by therapeutic area— of title 21, Code of the Federal Regulations man BURGESS because it was the bipar- ‘‘(1) the number of requests that were re- (or any successor regulations). tisan proposal our staffs were negoti- ceived by the Food and Drug Administration ‘‘(2) DETERMINATION NOT TO PROVIDE ating prior to the introduction of the for the provision by a sponsor or manufac- DRUG.—No manufacturer, sponsor, licensed current Republican bill. turer of an investigational drug under sub- physician, clinical investigator, or hospital, So I want to stress that, unlike the section (b) or (c) of section 561; and nor the Secretary, shall be liable for deter- current bill, H.R. 5247, this proposal is ‘‘(2) the number of such requests that were mining not to provide access to an investiga- not based on the false premise that granted.’’. tional drug under this section or for dis- (b) REPORTING.—Section 561A of the Fed- FDA approval is a barrier to accessing continuing any such access that it initially investigational treatments. Rather, it eral Food, Drug, and Cosmetic Act (21 U.S.C. determined to provide. 360bbb–0) is amended adding at the end the addresses the two key problems identi- ‘‘(3) LIMITATION.— following: ‘‘(A) IN GENERAL.—Except as set forth in fied by expert witnesses at our hearing: ‘‘(g) REPORTING.—The manufacturer or paragraphs (1) and (2), nothing in this sec- how the FDA will utilize clinical out- sponsor of an eligible investigational drug comes of investigational treatments shall post on the same publicly available tion or section 561B shall be construed to internet website used by the manufacturer modify or otherwise affect the right of any and liability protection. for purposes of subsection (b) of this section person to bring a private action against a To that end, under this motion to re- an annual summary of any provision by the manufacturer or sponsor (or their agent or commit, the FDA is directed to issue manufacturer or sponsor of an investiga- representative), physician, clinical investi- guidance to manufacturers specifically tional drug under subsection (b) or (c) of sec- gator, hospital, prescriber, dispenser, or on how and when the FDA will consider tion 561. The summary shall include the other entity under any State or Federal clinical outcomes, and when a sponsor product liability, tort, consumer protection, number of requests received, the number of may request the consideration of such or warranty law. requests granted, the number of patients outcomes when it comes time to sub- treated, the therapeutic area of the drug ‘‘(B) FEDERAL GOVERNMENT.—Nothing in made available, and any known or suspected this section or section 561B shall be con- mit an application for approval for the serious adverse events. Such annual sum- strued to modify or otherwise affect the au- investigational treatment. mary shall be provided to the Secretary upon thority of the Federal Government to bring This will provide manufacturers with request.’’. suit under any Federal law.’’. the clarity they are seeking regarding

VerDate Sep 11 2014 05:19 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.032 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1748 CONGRESSIONAL RECORD — HOUSE March 21, 2018 how allowing patients access to drugs ing drug approvals is helpful. Giving nication from the Clerk of the House of that are still under development may manufacturers, sponsors, physicians, Representatives: impact their ability to gain full FDA hospitals, and clinical investigators OFFICE OF THE CLERK, approval. It will also ensure that there certainty on liability protections is HOUSE OF REPRESENTATIVES, is a public process for such guidance, meaningful. Taken together, these im- Washington, DC, March 21, 2018. ensuring that stakeholders will have provements to the existing expanded Hon. PAUL D. RYAN, The Speaker, House of Representatives, Wash- the opportunity to offer their views on access program could lead to enhanced ington, DC. this issue. manufacturer and sponsor participa- DEAR MR. SPEAKER: Pursuant to the per- Mr. Speaker, the motion to recommit tion and increased patient access. mission granted in Clause 2(h) of Rule II of also provides liability protection to But this would not provide an alter- the Rules of the U.S. House of Representa- manufacturers, physicians, clinical in- native pathway for patients who can- tives, the Clerk received the following mes- vestigators, and hospitals, if they are not get into a clinical trial and have sage from the Secretary of the Senate on in compliance with the current law and been rejected from participation in the March 21, 2018, at 5:15 p.m.: regulations for expanded access. If you existing compassionate use program. That the Senate passed without amend- are a manufacturer, a physician, or a This bill before us today does provide ment H.R. 1865. hospital that is in compliance with With best wishes, I am an alternative pathway, one that Sincerely, current rules and requirements related strengthens patient protections with KAREN L. HAAS. to expanded access, you will receive clearer informed consent and real-time protection for allowing access to the adverse event reporting. This bill—the f investigational treatment. underlying bill—also makes certain ANNOUNCEMENT BY THE SPEAKER Finally, it also provides transparency that the FDA is notified when a pa- PRO TEMPORE around the number of expanded access tient receives an unapproved drug requests the FDA receives and grants, through the new alternative pathway The SPEAKER pro tempore. Pursu- how many requests a manufacturer re- to ensure proper oversight. These are ant to clause 8 of rule XX, proceedings ceives and grants, and if there are any significant patient protections. will resume on questions previously serious adverse events. This trans- With this motion to recommit, we postponed. parency, I believe, will provide clear have a choice. The underlying bill is Votes will be taken in the following data as to how many patients are mak- the only choice that gives those pa- order: ing expanded access requests and how tients in the greatest need of help ac- The motion to recommit on H.R. often these requests are granted or de- cess to investigational drugs, with 5247; nied by the FDA and manufacturers. their consent, even after they were re- Passage of H.R. 5247, if ordered; and Mr. Speaker, I believe that these leg- jected from participating in a clinical Agreeing to the Speaker’s approval of islative fixes will go a long way to bol- trial or expanded access. the Journal, if ordered. stering the existing successful ex- Mr. Speaker, the choice is clear. We The first electronic vote will be con- panded access pathway, while main- need to vote to expand patient access. ducted as a 15-minute vote. Remaining taining the critical review and over- We need to vote down the motion to re- electronic votes will be conducted as 5- sight of the agency charged with pro- commit. We need to vote for the under- minute votes. tecting our public health, that being lying bill. f the FDA. Mr. Speaker, I yield back the balance I just want to say that, last fall, FDA of my time. TRICKETT WENDLER, FRANK Commissioner Gottlieb testified on The SPEAKER pro tempore. Without MONGIELLO, JORDAN MCLINN, right-to-try efforts and told our com- objection, the previous question is or- AND MATTHEW BELLINA RIGHT mittee: ‘‘There is a perception that cer- dered on the motion to recommit. TO TRY ACT OF 2018 tain products that aren’t being offered There was no objection. under FDA expanded access will be of- The SPEAKER pro tempore. The The SPEAKER pro tempore. The un- fered under right-to-try, and I don’t see question is on the motion to recommit. finished business is the vote on the mo- that.’’ The question was taken; and the tion to recommit on the bill (H.R. 5247) That is our current Commissioner Speaker pro tempore announced that to authorize the use of eligible inves- Gottlieb, who I respect a great deal. the noes appeared to have it. tigational drugs by eligible patients Rather than creating an unnecessary Mr. PALLONE. Mr. Speaker, on that who have been diagnosed with a stage alternative pathway that threatens our I demand the yeas and nays. of a disease or condition in which there drug approval process and our clinical The yeas and nays were ordered. is reasonable likelihood that death will trial program, I would urge my col- The SPEAKER pro tempore. Pursu- occur within a matter of months, or leagues to join with Democrats and 103 ant to clause 8 of rule XX, further pro- with another eligible illness, and for patient organizations in supporting the ceedings on this question will be post- other purposes, offered by the gen- current expanded access program. poned. tleman from New Jersey (Mr. PAL- These targeted improvements under f LONE), on which the yeas and nays were the motion to recommit to the existing ordered. RECESS program are, I think, a way to achieve The Clerk will redesignate the mo- a better goal. So I urge my colleagues The SPEAKER pro tempore. Pursu- tion. to support my motion to recommit and ant to clause 12(a) of rule I, the Chair The Clerk redesignated the motion. oppose this, what I consider, dangerous declares the House in recess subject to The SPEAKER pro tempore. The Republican proposal in the bill before the call of the Chair. question is on the motion to recommit. us. Accordingly (at 2 o’clock and 8 min- The vote was taken by electronic de- Mr. Speaker, I yield back the balance utes p.m.), the House stood in recess. vice, and there were—yeas 182, nays of my time. f 233, not voting 14, as follows: Mr. BURGESS. Mr. Speaker, I claim b 2115 [Roll No. 120] the time in opposition to the motion to YEAS—182 recommit. AFTER RECESS Adams Brady (PA) Cicilline The SPEAKER pro tempore. The gen- The recess having expired, the House Aguilar Brown (MD) Clark (MA) tleman from Texas is recognized for 5 was called to order by the Speaker pro Barraga´ n Brownley (CA) Clarke (NY) minutes. tempore (Mr. SIMPSON) at 9 o’clock and Bass Bustos Cleaver Mr. BURGESS. Mr. Speaker, while Beatty Butterfield Clyburn 15 minutes p.m. Bera Capuano Cohen well-intentioned, this motion to re- f Beyer Carbajal Connolly commit falls short of providing vulner- Bishop (GA) Ca´ rdenas Cooper able patients full access to experi- COMMUNICATION FROM THE Blumenauer Carson (IN) Correa CLERK OF THE HOUSE Blunt Rochester Cartwright Costa mental treatments. Bonamici Castor (FL) Courtney Providing clarity on how negative The SPEAKER pro tempore laid be- Boyle, Brendan Castro (TX) Crist side effects will be accounted for dur- fore the House the following commu- F. Chu, Judy Crowley

VerDate Sep 11 2014 06:12 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.033 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE March 21, 2018 CONGRESSIONAL RECORD — HOUSE H1749 Cuellar Kilmer Polis McCaul Renacci Stivers Costa Jordan Reed Davis (CA) Kind Price (NC) McClintock Rice (SC) Taylor Costello (PA) Joyce (OH) Reichert DeGette Krishnamoorthi Quigley McHenry Roby Tenney Crawford Katko Renacci Delaney Kuster (NH) Raskin McKinley Roe (TN) Thompson (PA) Crist Kelly (MS) Rice (SC) DeLauro Langevin Rice (NY) McMorris Rogers (AL) Thornberry Cuellar Kelly (PA) Roby DelBene Larsen (WA) Richmond Rodgers Rogers (KY) Tipton Culberson Kind Roe (TN) Demings Larson (CT) Rosen McSally Rohrabacher Trott Curbelo (FL) King (IA) Rogers (AL) DeSaulnier Lawrence Roybal-Allard Meadows Rokita Turner Curtis King (NY) Rogers (KY) Meehan Rooney, Thomas Deutch Lawson (FL) Ruiz Upton Davidson Kinzinger Rohrabacher Dingell Lee Messer J. Davis, Rodney Knight Rokita Ruppersberger Valadao Doggett Levin Mitchell Ros-Lehtinen Denham Kustoff (TN) Rooney, Thomas Ryan (OH) Wagner Doyle, Michael Lewis (GA) Moolenaar Roskam Dent Labrador J. Sa´ nchez F. Lieu, Ted Mooney (WV) Ross Walberg DeSantis LaHood Ros-Lehtinen Schakowsky Ellison Lipinski Mullin Rothfus Walden DesJarlais LaMalfa Rosen Engel Loebsack Schiff Newhouse Rouzer Walker Diaz-Balart Lamborn Roskam Eshoo Lofgren Schneider Noem Royce (CA) Walorski Donovan Lance Ross Espaillat Lowenthal Schrader Norman Russell Walters, Mimi Duffy Larson (CT) Rothfus Esty (CT) Lowey Scott (VA) Nunes Rutherford Weber (TX) Duncan (SC) Latta Rouzer Evans Lujan Grisham, Scott, David Olson Sanford Webster (FL) Duncan (TN) Lawson (FL) Royce (CA) Foster M. Serrano Palazzo Scalise Wenstrup Dunn Lewis (MN) Russell Frankel (FL) Luja´ n, Ben Ray Sewell (AL) Palmer Schweikert Westerman Emmer Lieu, Ted Rutherford Fudge Lynch Shea-Porter Paulsen Scott, Austin Williams Estes (KS) LoBiondo Sanford Gabbard Maloney, Sherman Pearce Sensenbrenner Wilson (SC) Farenthold Loebsack Scalise Gallego Carolyn B. Shimkus Perry Sessions Wittman Faso Lofgren Schneider Garamendi Maloney, Sean Sinema Peterson Simpson Womack Ferguson Long Schweikert Gomez Matsui Sires Pittenger Smith (MO) Woodall Fitzpatrick Loudermilk Scott, Austin Poe (TX) Gonzalez (TX) McCollum Smith (WA) Smith (NE) Yoder Fleischmann Love Sensenbrenner Gottheimer McEachin Poliquin Smith (NJ) Flores Lucas Soto Yoho Sessions Green, Al McGovern Posey Smith (TX) Fortenberry Luetkemeyer Shimkus Speier Young (AK) Green, Gene McNerney Ratcliffe Smucker Foxx Lujan Grisham, Shuster Suozzi Young (IA) Grijalva Meeks Reed Stefanik Frelinghuysen M. Simpson Swalwell (CA) Zeldin Gutie´rrez Meng Takano Reichert Stewart Gaetz Lynch Sinema Hanabusa Moore Gallagher MacArthur Smith (MO) Thompson (CA) NOT VOTING—14 Hastings Moulton Thompson (MS) Garrett Maloney, Sean Smith (NE) Heck Murphy (FL) Gianforte Marchant Smith (NJ) Titus Clay Jones Sarbanes Higgins (NY) Nadler Gibbs Marino Smith (TX) Tonko Cramer Kelly (IL) Shuster Himes Napolitano Cummings Pingree Gohmert Marshall Smucker Torres Walz Hoyer Neal Davis, Danny Rooney, Francis Goodlatte Massie Stefanik Tsongas Waters, Maxine Huffman Nolan DeFazio Rush Gosar Mast Stewart Jackson Lee Norcross Vargas Gottheimer McCarthy Stivers Jayapal O’Halleran Veasey Gowdy McCaul Suozzi Jeffries O’Rourke Vela b 2143 Granger McClintock Taylor ´ Johnson (GA) Pallone Velazquez Messrs. CONAWAY, COLLINS of Graves (GA) McHenry Tenney Johnson, E. B. Panetta Visclosky Graves (LA) McKinley Thompson (PA) Kaptur Pascrell Wasserman Georgia, MCHENRY, BISHOP of Michi- Graves (MO) McMorris Thornberry Keating Payne Schultz gan, GRAVES of Louisiana, MITCH- Griffith Rodgers Tipton Kennedy Pelosi Watson Coleman ELL, SCHWEIKERT, ROSS, Grothman McSally Trott Khanna Perlmutter Welch LOUDERMILK, YOHO, and TURNER Guthrie Meadows Tsongas Kihuen Peters Wilson (FL) Hanabusa Messer Turner Kildee Pocan Yarmuth changed their vote from ‘‘yea’’ to Handel Mitchell Upton ‘‘nay.’’ Harper Moolenaar Valadao NAYS—233 Mr. BEYER and Miss RICE of New Harris Mooney (WV) Veasey Hartzler Mullin Wagner Abraham Culberson Herrera Beutler York changed their vote from ‘‘nay’’ to Hensarling Newhouse Walberg Aderholt Curbelo (FL) Hice, Jody B. ‘‘yea.’’ Herrera Beutler Noem Walden Allen Curtis Higgins (LA) Hice, Jody B. Norman Walker Amash Davidson Hill So the motion to recommit was re- jected. Higgins (LA) Nunes Walorski Amodei Davis, Rodney Holding Hill O’Halleran Walters, Mimi Arrington Denham Hollingsworth The result of the vote was announced Himes O’Rourke Weber (TX) Babin Dent Hudson as above recorded. Holding Olson Webster (FL) Bacon DeSantis Huizenga The SPEAKER pro tempore. The Hollingsworth Palazzo Wenstrup Banks (IN) DesJarlais Hultgren Hudson Palmer Westerman Barletta Diaz-Balart Hunter question is on the passage of the bill. Huizenga Pearce Williams Barr Donovan Hurd The question was taken; and the Hultgren Perlmutter Wilson (SC) Barton Duffy Issa Hunter Perry Wittman Bergman Duncan (SC) Jenkins (KS) Speaker pro tempore announced that the ayes appeared to have it. Hurd Peterson Womack Biggs Duncan (TN) Jenkins (WV) Issa Pittenger Woodall Bilirakis Dunn Johnson (LA) RECORDED VOTE Jenkins (KS) Poe (TX) Yoder Bishop (MI) Emmer Johnson (OH) Mr. PALLONE. Mr. Speaker, I de- Jenkins (WV) Poliquin Yoho Bishop (UT) Estes (KS) Johnson, Sam Johnson (LA) Polis Young (AK) Black Farenthold Jordan mand a recorded vote. Johnson (OH) Posey Young (IA) Blackburn Faso Joyce (OH) A recorded vote was ordered. Johnson, Sam Ratcliffe Zeldin Blum Ferguson Katko The SPEAKER pro tempore. This is a Bost Fitzpatrick Kelly (MS) NOES—149 Brady (TX) Fleischmann Kelly (PA) 5-minute vote. Brat Flores King (IA) The vote was taken by electronic de- Adams Connolly Gallego Bridenstine Fortenberry King (NY) vice, and there were—ayes 267, noes 149, Aguilar Courtney Garamendi Brooks (AL) Foxx Kinzinger Bass Crowley Gomez Brooks (IN) Frelinghuysen Knight not voting 13, as follows: Beatty Davis (CA) Gonzalez (TX) Buchanan Gaetz Kustoff (TN) [Roll No. 121] Bera DeGette Green, Al Buck Gallagher Labrador Beyer Delaney Green, Gene Bucshon Garrett LaHood AYES—267 Blumenauer DeLauro Grijalva Budd Gianforte LaMalfa Abraham Bishop (UT) Carbajal Blunt Rochester DelBene Gutie´rrez Burgess Gibbs Lamborn Aderholt Black Carson (IN) Bonamici Demings Hastings Byrne Gohmert Lance Allen Blackburn Carter (GA) Boyle, Brendan DeSaulnier Heck Calvert Goodlatte Latta Amash Blum Carter (TX) F. Deutch Higgins (NY) Carter (GA) Gosar Lewis (MN) Amodei Bost Castro (TX) Brady (PA) Dingell Hoyer Carter (TX) Gowdy LoBiondo Arrington Brady (TX) Chabot Brownley (CA) Doggett Huffman Chabot Granger Long Babin Brat Cheney Bustos Doyle, Michael Jackson Lee Cheney Graves (GA) Loudermilk Bacon Bridenstine Coffman Butterfield F. Jayapal Coffman Graves (LA) Love Banks (IN) Brooks (AL) Cohen Capuano Ellison Jeffries Cole Graves (MO) Lucas Barletta Brooks (IN) Cole Ca´ rdenas Engel Johnson (GA) Collins (GA) Griffith Luetkemeyer Barr Brown (MD) Collins (GA) Cartwright Eshoo Johnson, E. B. Collins (NY) Grothman MacArthur Barraga´ n Buchanan Collins (NY) Castor (FL) Espaillat Kaptur Comer Guthrie Marchant Barton Buck Comer Chu, Judy Esty (CT) Keating Comstock Handel Marino Bergman Bucshon Comstock Cicilline Evans Kennedy Conaway Harper Marshall Biggs Budd Conaway Clark (MA) Foster Khanna Cook Harris Massie Bilirakis Burgess Cook Clarke (NY) Frankel (FL) Kihuen Costello (PA) Hartzler Mast Bishop (GA) Byrne Cooper Cleaver Fudge Kildee Crawford Hensarling McCarthy Bishop (MI) Calvert Correa Clyburn Gabbard Kilmer

VerDate Sep 11 2014 06:12 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.013 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1750 CONGRESSIONAL RECORD — HOUSE March 21, 2018 Krishnamoorthi Napolitano Scott, David But today we are here with you, we Buchanan Handel Nunes Kuster (NH) Neal Serrano pray with you, Victoria and Rain, Dar- Bucshon Harper O’Rourke Langevin Nolan Sewell (AL) Budd Harris Olson Larsen (WA) Norcross Shea-Porter rell and Robin, Mary, Charles and Bustos Hartzler Palmer Lawrence Pallone Sherman Kathryn, and we feel your pain. How- Butterfield Heck Pascrell Lee Panetta Sires ever, we must honor them. We must Byrne Hensarling Pelosi Levin Pascrell Smith (WA) speak out as a grateful nation for the Calvert Higgins (LA) Perlmutter Lewis (GA) Paulsen Soto Carson (IN) Higgins (NY) Peters Lipinski Payne Speier sacrifice these valiant men and their Carter (GA) Hill Pocan Lowenthal Pelosi Swalwell (CA) loved ones made for us, for freedom. Carter (TX) Himes Polis Lowey Peters Takano Cartwright Hollingsworth Rice (SC) Luja´ n, Ben Ray Pocan Thompson (CA) They died in the full strength and Castro (TX) Hoyer Roby Maloney, Price (NC) Thompson (MS) vigor of their youth, and they rep- Chabot Huffman Roe (TN) Carolyn B. Quigley Titus Cheney Hultgren resent the profound power of our coun- Rogers (KY) Matsui Raskin Tonko Chu, Judy Hunter try and its unbroken line of patriots Rohrabacher McCollum Rice (NY) Torres Cicilline Issa McEachin Richmond Vargas who understand the risks, but time and Clark (MA) Johnson (LA) Rooney, Thomas McGovern Roybal-Allard Vela time again step forward to serve a Cohen Johnson, Sam J. McNerney Ruiz Vela´ zquez Cole Kaptur Ross cause greater than themselves. They Rothfus Meehan Ruppersberger Visclosky are part of the very fabric of our land, Collins (GA) Kelly (MS) Meeks Ryan (OH) Wasserman Collins (NY) Kelly (PA) Royce (CA) Meng Sa´ nchez Schultz and they inspire not only us, but our Comer Kennedy Ruppersberger Moore Schakowsky Watson Coleman descendants for generations to come. Comstock Khanna Russell Moulton Schiff Welch Indeed, there is nothing small about Cook Kildee Rutherford Murphy (FL) Schrader Wilson (FL) Cooper King (IA) Scalise Nadler Scott (VA) Yarmuth the big task it takes to defend freedom, Cuellar King (NY) Schiff peace, and our way of life. And this Culberson Krishnamoorthi Schneider NOT VOTING—13 may be equally dangerous during train- Curtis Kustoff (TN) Schweikert Clay Jones Sarbanes ing, peace, or war. Davis (CA) Labrador Scott, Austin Cramer Kelly (IL) Walz Davis, Rodney LaMalfa Scott, David Cummings Pingree Waters, Maxine But in this heartache, there is hope. DeGette Lamborn Sensenbrenner Davis, Danny Rooney, Francis We are better because they have lived. DeLauro Larsen (WA) Sessions DeFazio Rush On behalf of a grateful Congress, DelBene Larson (CT) Shea-Porter community, and country, we give Demings Lawrence Sherman b 2153 Dent Lewis (MN) Shuster thanks and our sincerest condolences So the bill was passed. DeSaulnier Lipinski Simpson to the men and women of the fighting DesJarlais Lofgren Smith (MO) The result of the vote was announced Blacklions from Squadron 213, to the Deutch Long Smith (NE) as above recorded. Diaz-Balart Loudermilk friends and to the families of Lieuten- Smith (NJ) A motion to reconsider was laid on Dingell Lucas Smith (TX) ant Commander Johnson and Lieuten- Doggett Luetkemeyer the table. Smith (WA) ant King. Donovan Lujan Grisham, Smucker f Duffy M. Speier Rest easy now, boys. Duncan (TN) Luja´ n, Ben Ray Stefanik Mr. Speaker, I now request the House Dunn Marino PARLIAMENTARY INQUIRY Stewart Ellison Massie observe a moment of silence in honor Thornberry Mr. COHEN. Mr. Speaker, parliamen- Engel Matsui of Lieutenant Commander Johnson and Titus tary inquiry. Eshoo McCarthy Lieutenant King. Trott The SPEAKER pro tempore. The gen- Estes (KS) McCaul The SPEAKER pro tempore. Mem- Ferguson McClintock Tsongas tleman from Tennessee will state his Wagner bers and guests in the gallery, please Fleischmann McCollum parliamentary inquiry. Fortenberry McHenry Walden rise for a moment of silence. Walker Mr. COHEN. Would it be appropriate Foster McMorris Frankel (FL) Rodgers Walorski to announce to the House that there is f Frelinghuysen McNerney Walters, Mimi a discharge petition at the desk for Gabbard Meng Wasserman H.R. 4669 to give Mr. Mueller due proc- THE JOURNAL Garamendi Mitchell Schultz Webster (FL) ess rights in case he is fired for other The SPEAKER pro tempore. Without Gianforte Moolenaar Gibbs Mooney (WV) Welch than good cause? objection, 5-minute voting will con- Gonzalez (TX) Moulton Wenstrup The SPEAKER pro tempore. The gen- tinue. Goodlatte Mullin Westerman tleman is not stating a proper par- There was no objection. Gowdy Murphy (FL) Williams Granger Nadler Wilson (SC) liamentary inquiry. The SPEAKER pro tempore. The un- Griffith Napolitano Womack f finished business is the question on Grothman Newhouse Yarmuth agreeing to the Speaker’s approval of Guthrie Norman Young (IA) MOMENT OF SILENCE HONORING the Journal, which the Chair will put NOES—192 LIEUTENANT COMMANDER de novo. JAMES BRICE JOHNSON AND The question is on the Speaker’s ap- Allen Courtney Graves (LA) LIEUTENANT CALEB NATHANIEL Amash Crawford Graves (MO) proval of the Journal. Babin Crist Green, Al KING The question was taken; and the Barraga´ n Crowley Green, Gene (Mr. TAYLOR asked and was given Speaker pro tempore announced that Barton Curbelo (FL) Gutie´rrez Bass Davidson Hanabusa permission to address the House for 1 the ayes appeared to have it. Bera Delaney Hastings minute.) RECORDED VOTE Bergman Denham Herrera Beutler Mr. TAYLOR. Mr. Speaker, I rise to Mr. UPTON. Mr. Speaker, I demand a Beyer DeSantis Hice, Jody B. honor the lives of Lieutenant Com- Biggs Doyle, Michael Holding recorded vote. Bishop (GA) F. Hudson mander James Brice Johnson and Lieu- A recorded vote was ordered. Bishop (MI) Duncan (SC) Huizenga tenant Caleb Nathaniel King, who gave The SPEAKER pro tempore. This Bost Emmer Hurd the ultimate sacrifice during a training Boyle, Brendan Espaillat Jackson Lee will be a 5-minute vote. F. Esty (CT) Jayapal exercise last week as their Virginia The vote was taken by electronic de- Brady (PA) Evans Jeffries Beach-based squadron was training off vice, and there were—ayes 216, noes 192, Brooks (AL) Farenthold Jenkins (KS) the coast of Florida. answered ‘‘present’’ 2, not voting 19, as Brownley (CA) Faso Jenkins (WV) Mr. Speaker, I want to thank Con- Buck Fitzpatrick Johnson (GA) follows: Burgess Flores Johnson (OH) gressman CURBELO for organizing this [Roll No. 122] Capuano Foxx Johnson, E. B. moment and all the help from the great Carbajal Fudge Jordan AYES—216 people of the 26th District of Florida. Ca´ rdenas Gaetz Joyce (OH) Abraham Barletta Blumenauer Castor (FL) Gallagher Katko Mr. Speaker, I am not naive to the Adams Barr Blunt Rochester Clarke (NY) Gallego Keating fact that my words today don’t hold a Aderholt Beatty Bonamici Coffman Garrett Kihuen candle to the pain, the grieving, the Aguilar Bilirakis Brady (TX) Conaway Gohmert Kilmer questioning, and perhaps some anger Amodei Bishop (UT) Brat Connolly Gomez Kind Arrington Black Bridenstine Correa Gosar Kinzinger from the families, friends, and team- Bacon Blackburn Brooks (IN) Costa Gottheimer Knight mates, how they may be feeling. Banks (IN) Blum Brown (MD) Costello (PA) Graves (GA) LaHood

VerDate Sep 11 2014 06:12 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.014 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE March 21, 2018 CONGRESSIONAL RECORD — HOUSE H1751 Lance Palazzo Sewell (AL) SECRET SERVICE RECRUITMENT compensated for service because of the premium Langevin Pallone Shimkus AND RETENTION ACT OF 2017 pay earnings limitation in section 118 of the Latta Panetta Sinema Treasury and General Government Appropria- Lawson (FL) Paulsen Sires Mr. GOWDY. Mr. Speaker, I ask tions Act, 2001 (5 U.S.C. 5547 note); Lee Payne Soto unanimous consent to take from the Levin Pearce Stivers (6) the total amount of premium pay United Lewis (GA) Perry Suozzi Speaker’s table the bill (H.R. 3731) to States Secret Service personnel would have been Lieu, Ted Peterson Swalwell (CA) provide overtime pay for employees of paid but for the premium pay earnings limita- LoBiondo Pittenger Takano the United States Secret Service, and tion in such section; and Loebsack Poe (TX) Taylor for other purposes, with the Senate (7) a list of United States Secret Service per- Love Poliquin Tenney sonnel who, within the calendar year, received Lowenthal Posey Thompson (CA) amendment thereto, and concur in the premium pay above the premium pay limitation Lowey Price (NC) Thompson (MS) Senate amendment. in subsection (a) of section 5547 of title 5, United Lynch Quigley Thompson (PA) The Clerk read the title of the bill. MacArthur Raskin Tipton States Code, and separated from the agency, in- Maloney, Ratcliffe Torres The SPEAKER pro tempore. The cluding the type of separation in each case. Carolyn B. Reed Turner Clerk will report the Senate amend- SEC. 3. REPORT OF THE COMPTROLLER GENERAL Maloney, Sean Renacci Upton ment. OF THE UNITED STATES. Marchant Richmond Valadao The Clerk read as follows: Not later than 1 year after the effective date Marshall Rogers (AL) Vargas of this section, the Comptroller General of the Mast Rokita Veasey Senate amendment: United States shall complete a study and submit McEachin Ros-Lehtinen Vela Strike all after the enacting clause and in- to the Committee on the Judiciary of the House McGovern Rosen Vela´ zquez sert the following: McKinley Roskam Visclosky of Representatives, the Committee on the Judici- McSally Rouzer Walberg SECTION 1. SHORT TITLE. ary of the Senate, the Committee on Oversight Meehan Roybal-Allard Watson Coleman This Act may be cited as the ‘‘Secret Service and Government Reform of the House of Rep- Meeks Ruiz Weber (TX) Recruitment and Retention Act of 2018’’. resentatives, and the Committee on Homeland Messer Ryan (OH) Wilson (FL) SEC. 2. EXTENSION OF OVERTIME PAY EXCEP- Security and Governmental Affairs of the Sen- Moore Sa´ nchez Wittman TION THROUGH 2018 FOR PROTEC- ate a report on the extent of the progress made Neal Sanford Woodall TIVE SERVICES. Noem Schakowsky Yoder by the United States Secret Service in imple- (a) AMENDMENTS.— Nolan Schrader Yoho menting the recommendations of the United Norcross Scott (VA) Young (AK) (1) IN GENERAL.—Section 2 of the Overtime States Secret Service Protective Mission Panel, O’Halleran Serrano Zeldin Pay for Protective Services Act of 2016 (5 U.S.C. including in particular those items pertaining to 5547 note) is amended— ANSWERED ‘‘PRESENT’’—2 training and personnel enumerated in the Exec- (A) in the section heading, by striking ‘‘IN utive Summary to Report from the United States Cleaver Tonko 2016’’ and inserting ‘‘DURING 2016 THROUGH Secret Service Protective Mission Panel to the ’’; NOT VOTING—19 2018 Secretary of Homeland Security dated December (B) in subsection (a), by striking ‘‘2016’’ and 15, 2014. Clay Jones Rooney, Francis inserting ‘‘2016, 2017, or 2018’’; and Clyburn Kelly (IL) Rush (C) in subsection (b), by striking paragraph Mr. GOWDY (during the reading). Mr. Cramer Kuster (NH) Sarbanes (1) and inserting the following: Speaker, I ask unanimous consent to Cummings Meadows Walz ‘‘(1) IN GENERAL.—Notwithstanding any other dispense with the reading. Davis, Danny Pingree Waters, Maxine DeFazio Reichert provision of law, including section 5547(a) of The SPEAKER pro tempore. Is there Grijalva Rice (NY) title 5, United States Code, and only to the ex- objection to the request of the gen- tent that an appropriation is provided specifi- tleman from South Carolina? b 2206 cally in an appropriations Act for premium pay There was no objection. in excess of the annual equivalent of the limita- The SPEAKER pro tempore. Is there Ms. CLARKE of New York changed tion on the rate of pay contained in section her vote from ‘‘aye’’ to ‘‘no.’’ 5547(a), any covered employee may receive pre- objection to the original request of the So the Journal was approved. mium pay during 2016, 2017, and 2018, to the ex- gentleman from South Carolina? The result of the vote was announced tent provided under section 118 of the Treasury There was no objection. as above recorded. and General Government Appropriations Act, A motion to reconsider was laid on 2001 (5 U.S.C. 5547 note).’’. the table. f (2) CLARIFYING PROVISION.—Section 118 of the f Treasury and General Government Appropria- tions Act, 2001 (5 U.S.C. 5547 note) is amended, CONGRATULATING THE VICTORY HOUR OF MEETING ON TOMORROW in the first sentence, by inserting ‘‘or 3056A’’ CENTER Mr. GOWDY. Mr. Speaker, I ask after ‘‘section 3056(a)’’. (Ms. ROS-LEHTINEN asked and was unanimous consent that when the (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect as if enacted given permission to address the House House adjourns on this legislative day, for 1 minute.) it adjourn to meet at 9 a.m. on Thurs- on December 31, 2016. (c) REPORT ON EXTENSIONS.—Not later than Ms. ROS-LEHTINEN. Mr. Speaker, I day, March 22, 2018. January 30, 2018, and January 30, 2019, the Di- rise tonight to congratulate The Vic- The SPEAKER pro tempore. Is there rector of the Secret Service shall submit to the tory Center for Autism and Related objection to the request of the gen- Committee on Homeland Security and the Com- Disabilities on the upcoming comple- tleman from South Carolina? mittee on Oversight and Government Reform of tion of its state-of-the-art education There was no objection. the House of Representatives and the Committee facility in south Florida. on Homeland Security and Governmental Af- Since its founding in 2000, The Vic- f fairs of the Senate a report on the effects of the amendment made by subsection (a)(2). The re- tory Center has excelled at providing port shall include, with respect to the previous children with autism and related dis- PERMISSION TO POSTPONE PRO- abilities comprehensive individualized CEEDINGS ON MOTIONS TO SUS- calendar year— (1) the total number of United States Secret treatment and education. For 18 years, PEND THE RULES THROUGH Service personnel receiving premium pay above the teachers at The Victory Center LEGISLATIVE DAY OF THURS- the premium pay limitation in subsection (a) of have achieved amazing success work- DAY, MARCH 22, 2018 section 5547 of title 5, United States Code; ing out of only a handful of rooms on Mr. GOWDY. Mr. Speaker, I ask (2) the total amount of premium pay for that the campus of the Michael-Ann Russell calendar year paid to United States Secret Serv- unanimous consent that, notwith- ice personnel above the premium pay limitation Jewish Community Center in North standing clause 8 of rule XX, further in such subsection; Miami Beach. proceedings on the questions of agree- (3) the mean and median amount of premium This outstanding institution is proud ing to motions to suspend the rules pay paid to United States Secret Service per- to offer five programs covering a range with regard to H.R. 4227, H.R. 4467, H.R. sonnel above the premium pay limitation in such of services, and it is recognized as one 5089, and H.R. 5131, may continue to be subsection; of the top schools for children with au- postponed through the legislative day (4) the greatest amount paid to United States tism in the Nation. of Thursday, March 22, 2018. Secret Service personnel above the premium pay Mr. Speaker, by opening this brand- limitation in such subsection and the number of The SPEAKER pro tempore. Is there employees who received that amount; new facility, The Victory Center will objection to the request of the gen- (5) notwithstanding the amendments made by continue to grow and offer a positive tleman from South Carolina? subsection (a), the total number of United States and nurturing educational environ- There was no objection. Secret Service personnel who were not fully ment.

VerDate Sep 11 2014 06:12 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A21MR7.015 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1752 CONGRESSIONAL RECORD — HOUSE March 21, 2018 Once again, I would like to congratu- cess of the school’s boys and girls bas- tant role in the success of our military. late everyone at The Victory Center ketball programs. Lieutenant Commander Andrew Pat- for all that they have accomplished. I I am incredibly proud to represent terson is a true hometown hero. He is thank their staff for helping so many Grandview High School in the United an inspiration to all of us and is an ex- children in our south Florida commu- States House of Representatives. ceptional community leader. nity achieve their full potential and Again, congratulations to the Grand- I would like to extend my gratitude leave their own beautiful mark on our view High School girls and boys bas- to him for his answer to the call to world. ketball team on this impressive vic- serve, his bravery, and his dedication f tory in Colorado’s 5A State Champion- to our Nation. I wish him the best of ship. luck as he continues to serve our coun- CALLING ATTENTION TO THE f try. SUFFERING IN PUERTO RICO Go Navy. 2215 (Mr. PAYNE asked and was given b f permission to address the House for 1 IN MEMORY OF OFFICER COMMEMORATING NATIONAL AG minute and to revise and extend his re- GREGGORY CASILLAS DAY marks.) (Ms. JUDY CHU of California asked (Mr. PANETTA asked and was given Mr. PAYNE. Mr. Speaker, I am and was given permission to address ashamed that our national government permission to address the House for 1 the House for 1 minute and to revise minute and to revise and extend his re- seems to have abandoned American and extend her remarks.) citizens of Puerto Rico. Yesterday marks.) Ms. JUDY CHU of California. Mr. Mr. PANETTA. Mr. Speaker, as a marked 6 months since Hurricane Speaker, I rise to honor and remember Representative of the salad bowl of the Maria furiously blew ashore. In those 6 Pomona Police Officer Greggory world, the 20th Congressional District months, more than 1,000 Americans Casillas, a constituent of mine who was in California, I commemorate and cele- have died because of the storm. In fact, struck down in the line of duty. brate National Ag Day. people are still dying in Puerto Rico It was Greggory’s dream to be a po- In my district, the number one indus- from causes that are directly related to lice officer. He studied police reports try is agriculture, yes, because of the Hurricane Maria’s impact, and more after hours, and he always carried fertile land, but also because of the than 100,000 American citizens in Puer- flashcards and books to prepare for the fearless attitude of farmers and farm- to Rico are still without electricity. police officer exam. workers, growers, and families and Let me tell you, Mr. Speaker, we His hard work paid off. Friday, friends of those in agriculture. tend to forget how much we rely on March 9 was the final day of Officer Having grown up on the central electricity until it goes out. Without Casillas’ ghost phase, the last day be- coast, we understand that the key to electricity, people who rely on res- fore he went out on his own. As one their success is based on that willing- pirators must choose between their colleague said: ‘‘I’ve never met some- ness to take risk. We know that risk- homes and their health. The elderly, one so eager to become a police offi- taking attitude is the foundation of sick people, and newborn babies have cer.’’ our country, but since then, the seed of to suffer through the heat and cold. Tragically, that was also the day Of- risk taking has been sown in our cul- Mr. Speaker, if this was happening ficer Casillas was shot, trying to make ture and spread across our agricultural anywhere else in our country, we would contact with a suspect who had fled the community. have riots. But instead of action, all police. Officer Casillas put himself at People in agriculture are constantly Puerto Rico gets are excuses from the risk so that we could be safer, and we using that trait to deal with Mother national government. can never thank him enough. Nature, to overcome government man- f I am so grateful for heroes like Offi- dates, to transform for the changing CONGRATULATING GRANDVIEW cer Casillas, and I join the hundreds of market conditions, and to contend HIGH SCHOOL BOYS AND GIRLS others who have attended vigils in his with the lack of immigration reform BASKETBALL TEAMS honor when I say that he will never be right here in Congress. forgotten for his sacrifice. Nevertheless, with that risk-taking (Mr. COFFMAN asked and was given f attitude, people in agriculture don’t permission to address the House for 1 shrink from those challenges; they RECOGNIZING LIEUTENANT minute and to revise and extend his re- stand up to them. That is why they not COMMANDER ANDREW PATTERSON marks.) only survive, they succeed. That is why Mr. COFFMAN. Mr. Speaker, I rise (Ms. TENNEY asked and was given we in Congress shouldn’t just recognize today to recognize both the Grandview permission to address the House for 1 people in agriculture today; we should High School boys and girls basketball minute and to revise and extend her re- learn from them every day. teams. These two teams from Grand- marks.) f view are now the State of Colorado’s Ms. TENNEY. Mr. Speaker, I rise 5A high school basketball champions. today to recognize Lieutenant Com- REFORMING THE POLICY FOR OUR The Grandview boys basketball team mander Andrew Patterson, a native of FORESTS had a spectacular season, finishing the Chittenango, New York, who currently (Mr. LAMALFA asked and was given season with an impressive 24–4 record, serves as the Chief of Intelligence, Sur- permission to address the House for 1 and the culmination of the season was veillance, and Reconnaissance Plans/ minute and to revise and extend his re- its first-ever boys basketball State Operations for the military in Afghani- marks.) Championship title. stan. He is the son of Marlene A. Pat- Mr. LAMALFA. Mr. Speaker, the Na- The Grandview girls basketball team terson and the late commander, Ken- tional Environmental Policy Act, also had a tremendous season, finishing neth F. Patterson, U.S. Navy. NEPA, as it is known, enacted in 1970— with an equally impressive 25–3 record, Lieutenant Commander Patterson I am sure, well intentioned—but time and the culmination of its season was has served in the U.S. Navy Reserves and time and time again, issues that its second consecutive girls basketball for 12 years, as well as serving with the need to be resolved for the people and State Championship title. U.S. Customs and Border Protection their assets in this country are thwart- The teams were led to their respec- agency for 13 years. Stationed in Af- ed by needless red tape, a lot of times tive championship titles by their ghanistan, Lieutenant Commander An- coming from NEPA. coaches: Josh Ulitzky for the girls drew Patterson is leading the charge Our forests in the West suffer badly— team, and Michael Rogers for the boys on the intelligence collection oper- and the people who live near them, team. ations against the Taliban, working from the smoke, from the danger, from I also commend these two coaches, closely with joint regional U.S. mili- the loss of homes, the loss of wildlife— their coaching staffs, and all their sup- tary personnel. because to do the slightest thing to im- porters at Grandview High School for In today’s era of combat, the role of prove our forest conditions requires all they have contributed to the suc- intelligence plays an especially impor- NEPA delay.

VerDate Sep 11 2014 06:12 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.044 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE March 21, 2018 CONGRESSIONAL RECORD — HOUSE H1753 In talking to forestry people just b 0120 EXECUTIVE COMMUNICATIONS, today, you can see illustrated in photo- ETC. AFTER RECESS graphs private land that has been re- Under clause 2 of rule XIV, executive covered right after a forest fire and, in- The recess having expired, the House communications were taken from the deed, Federal land, because we have to was called to order by the Speaker pro Speaker’s table and referred as follows: do yet another NEPA on something we tempore (Mr. WOODALL) at 1 o’clock 4323. A letter from the Chief, Publications should already know and understand— and 20 minutes a.m. and Regulations Branch, Internal Revenue delayed 1, 2, 3 years. And then you Service, transmitting the Service’s IRB only don’t have the value left anymore of f rule — Modification of Revenue Procedure those trees that were left behind after 2018-4 (Rev. Proc. 2018-19) received March 20, a fire; therefore, there is never enough REPORT ON RESOLUTION PRO- 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public money to do the job. VIDING FOR CONSIDERATION OF Law 104-121, Sec. 251; (110 Stat. 868); to the Mr. Speaker, we must reform NEPA SENATE AMENDMENT TO H.R. Committee on Ways and Means. 4324. A letter from the Chief, Publications so it works for the people. 1625, TARGETED REWARDS FOR THE GLOBAL ERADICATION OF and Regulations Branch, Internal Revenue f HUMAN TRAFFICKING; AND PRO- Service, transmitting the Service’s IRB only rule — Issuance of Opinion and Advisory Let- HONORING BERTEL VAN EEK VIDING FOR PROCEEDINGS DUR- ters for Pre-approved Defined Benefit Plans ING THE PERIOD FROM MARCH (Mr. KILMER asked and was given for the Second Six-Year Cycle, Deadline for 23, 2018, THROUGH APRIL 9, 2018 Employer Adoption of the Pre-approved permission to address the House for 1 Plans, and Opening of Determination Letter minute.) Mr. SESSIONS, from the Committee on Rules, submitted a privileged report Program for the Pre-approved Plan Adopters Mr. KILMER. Mr. Speaker, at the [Announcement 2018-05] received March 20, end of this month, something rather (Rept. No. 115–614) on the resolution (H. 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public extraordinary will happen: Bertel Van Res. 796) providing for consideration of Law 104-121, Sec. 251; (110 Stat. 868); to the Eek will turn 108 years old. She has the Senate amendment to the bill (H.R. Committee on Ways and Means. been the embodiment of the American 1625) to amend the State Department f Dream and, in some respects, of the im- Basic Authorities Act of 1956 to include severe forms of trafficking in persons REPORTS OF COMMITTEES ON portance of the things that happen PUBLIC BILLS AND RESOLUTIONS here. within the definition of transnational In the midst of debates here about organized crime for purposes of the re- Under clause 2 of rule XIII, reports of immigration, she reminds us that we wards program of the Department of committees were delivered to the Clerk are a nation of immigrants. She came State, and for other purposes; and pro- for printing and reference to the proper to this country as an immigrant after viding for proceedings during the pe- calendar, as follows: World War II. She was welcomed by the riod from March 23, 2018, through April [March 22 (legislative day, March 21), 2018] Statue of Liberty and by a country 9, 2018, which was referred to the House Mr. SESSIONS: Committee on Rules. where she built an amazing life. Calendar and ordered to be printed. House Resolution 796. Resolution providing In the midst of debates about retire- for consideration of the Senate amendment f to the bill (H.R. 1625) to amend the State De- ment security, she reminds us that it is partment Basic Authorities Act of 1956 to in- important to have the backs of our sen- SENATE BILL REFERRED clude severe forms of trafficking in persons iors. Her husband died in 1981, and her A bill of the Senate of the following within the definition of transnational orga- ability to live with dignity for the last title was taken from the Speaker’s nized crime for purposes of the rewards pro- 37 years has been closely tied to two of gram of the Department of State, and for table and, under the rule, referred as other purposes; and providing for pro- the most successful public policies in follows: the history of this country: Medicare ceedings during the period from March 23, and Social Security. S. 899. An act to amend title 38, United 2018, through April 9, 2018 (Rept. 115–614). Re- States Code, to ensure that the requirements ferred to the House Calendar. She was born on March 31, 1910—1910. that new Federal employees who are vet- f America has had 19 Presidents over erans with service-connected disabilities are that timeframe. As someone who lived provided leave for purposes of undergoing PUBLIC BILLS AND RESOLUTIONS in Holland during World War II, she medical treatment for such disabilities apply Under clause 2 of rule XII, public saw the capability and bravery of our to certain employees of the Veterans Health bills and resolutions of the following military and its members. Administration, and for other purposes; to the Committee on Veterans’ Affairs; in addi- titles were introduced and severally re- Imagine all that she has seen over ferred, as follows: the years. She is going to watch this tion to the Committee on Oversight and Gov- ernment Reform for a period to be subse- By Ms. ROS-LEHTINEN (for herself, speech over the internet on a mobile quently determined by the Speaker, in each Mr. SHERMAN, Mr. POE of Texas, and phone. Imagine that. She was born 17 case for consideration of such provisions as Mr. KEATING): years before movies had sound. fall within the jurisdiction of the committee H.R. 5357. A bill to amend the Atomic En- But beyond that, her life has been concerned. ergy Act of 1954 to require congressional ap- filled with people who love her: a lov- proval of agreements for peaceful nuclear co- ing daughter who married a guy who f operation with foreign countries, and for other purposes; to the Committee on Foreign calls her ‘‘Mom,’’ four great-grand- SENATE ENROLLED BILL SIGNED children who adore her and who are Affairs, and in addition to the Committee on Rules, for a period to be subsequently deter- adorable, and three grandkids who con- The Speaker announced his signature to an enrolled bill of the Senate of the mined by the Speaker, in each case for con- sider her a hero. sideration of such provisions as fall within Mr. Speaker, I am proud to be one of following title: the jurisdiction of the committee concerned. those grandsons, and I am proud to S. 2030. An act to deem the compliance By Mr. HUNTER (for himself, Mr. HOL- stand here on the floor of the U.S. date for amended energy conservation stand- LINGSWORTH, Mr. JONES, Mr. House and wish my Oma a happy 108th ards for ceiling fan light kits to be January GROTHMAN, and Mr. SENSENBRENNER): 21, 2020, and for other purposes. birthday. H.R. 5358. A bill to direct the Secretary of Transportation to issue regulations relating f f to commercial motor vehicle drivers under the age of 21, and for other purposes; to the RECESS ADJOURNMENT Committee on Transportation and Infra- The SPEAKER pro tempore (Mr. Mr. SESSIONS. Mr. Speaker, I move structure. NORMAN). Pursuant to clause 12(a) of that the House do now adjourn. By Mrs. CAROLYN B. MALONEY of rule I, the Chair declares the House in The motion was agreed to; accord- New York (for herself, Mr. SERRANO, Ms. MENG, Mr. ESPAILLAT, Mr. SOTO, recess subject to the call of the Chair. ingly (at 1 o’clock and 21 minutes Ms. EDDIE BERNICE JOHNSON of Texas, Accordingly (at 10 o’clock and 21 a.m.), under its previous order, the Mr. PASCRELL, and Mr. COURTNEY): minutes p.m.), the House stood in re- House adjourned until today, Thurs- H.R. 5359. A bill to amend title 13, United cess. day, March 22, 2018, at 9 a.m. States Code, to require the Secretary of

VerDate Sep 11 2014 06:12 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K21MR7.046 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1754 CONGRESSIONAL RECORD — HOUSE March 21, 2018 Commerce to provide advance notice to Con- By Mr. SAM JOHNSON of Texas: H.R. 5374. A bill to end discrimination gress before changing any questions on the H.R. 5370. A bill to amend the Internal Rev- based on actual or perceived sexual orienta- decennial census, and for other purposes; to enue Code of 1986 to eliminate the IRS Over- tion or gender identity in public schools, and the Committee on Oversight and Govern- sight Board; to the Committee on Ways and for other purposes; to the Committee on ment Reform. Means. Education and the Workforce. By Mr. MEADOWS: By Ms. MICHELLE LUJAN GRISHAM By Mr. REED (for himself, Mr. KELLY H.R. 5360. A bill to amend the Internal Rev- of New Mexico: of Pennsylvania, and Mr. BISHOP of enue Code of 1986 to provide for a credit H.R. 5371. A bill to amend the Higher Edu- Michigan): against tax for qualified special law enforce- cation Act of 1965 to provide student loan eli- H.R. 5375. A bill to require the Secretary of ment officers; to the Committee on Ways and gibility for mid-career, part-time students, the Treasury to submit to Congress a com- Means. and for other purposes; to the Committee on prehensive customer service strategy for the By Mr. PAULSEN: Education and the Workforce. Internal Revenue Service; to the Committee H.R. 5361. A bill to require that the Sec- By Mr. MITCHELL: on Ways and Means. retary of the Treasury establish a program H.R. 5372. A bill to amend the Internal Rev- By Mr. RENACCI: for the issuance of identity protection per- enue Code of 1986 to make permanent certain H.R. 5376. A bill to amend the Internal Rev- sonal identification numbers; to the Com- provisions of Public Law 115-97, and for other enue Code of 1986 to ensure that contractors mittee on Ways and Means. purposes; to the Committee on Ways and to whom return information is disclosed By Mrs. WALORSKI: Means. comply with confidentiality safeguards; to H.R. 5362. A bill to amend the Internal Rev- By Mr. PETERS (for himself, Mr. the Committee on Ways and Means. enue Code of 1986 to modernize and improve LAHOOD, Mr. KILMER, and Mr. BIGGS): By Mr. RENACCI (for himself, Mrs. H.R. 5373. A bill to provide support for the the management of Internal Revenue Service BLACK, and Mr. BISHOP of Michigan): production of algae, and for other purposes; information technology; to the Committee H.R. 5377. A bill to require the Secretary of to the Committee on Agriculture, and in ad- on Ways and Means. the Treasury to make available an internet dition to the Committee on Energy and Com- By Mr. POE of Texas (for himself and platform to prepare and file Forms 1099, and merce, for a period to be subsequently deter- Mr. COSTA): for other purposes; to the Committee on H.R. 5363. A bill to safeguard the Crime mined by the Speaker, in each case for con- Ways and Means. Victims Fund; to the Committee on the sideration of such provisions as fall within By Mr. SCALISE: the jurisdiction of the committee concerned. Budget, and in addition to the Committees H.R. 5378. A bill to require the Federal By Mr. POLIS (for himself, Ms. ROS- on Rules, and the Judiciary, for a period to Communications Commission to conduct a LEHTINEN, Mr. SCOTT of Virginia, Mr. be subsequently determined by the Speaker, proceeding to determine whether certain ac- TAKANO, Ms. PELOSI, Mr. HOYER, Mr. in each case for consideration of such provi- tivities by licensees of the Commission are CICILLINE, Mr. SEAN PATRICK MALO- sions as fall within the jurisdiction of the undertakings under division A of subtitle III NEY of New York, Ms. SINEMA, Mr. committee concerned. of title 54, United States Code, or major Fed- POCAN, Mr. DEFAZIO, Mr. GRIJALVA, By Mr. POE of Texas (for himself and eral actions under the National Environ- Ms. JACKSON LEE, Mr. ESPAILLAT, Mr. Mr. SMITH of Texas): mental Policy Act of 1969; to the Committee H.R. 5364. A bill to improve security at SWALWELL of California, Mr. on Natural Resources, and in addition to the State and local courthouses; to the Com- LOWENTHAL, Mr. SERRANO, Ms. Committee on Energy and Commerce, for a ´ mittee on the Judiciary, and in addition to BARRAGAN, Mr. CROWLEY, Ms. period to be subsequently determined by the the Committee on Oversight and Govern- JAYAPAL, Ms. BROWNLEY of Cali- Speaker, in each case for consideration of ment Reform, for a period to be subsequently fornia, Ms. MICHELLE LUJAN GRISHAM such provisions as fall within the jurisdic- determined by the Speaker, in each case for of New Mexico, Mr. EVANS, Miss RICE tion of the committee concerned. consideration of such provisions as fall with- of New York, Mr. PERLMUTTER, Mr. By Mr. FASO: in the jurisdiction of the committee con- CRIST, Ms. SHEA-PORTER, Mr. CART- H. Res. 793. A resolution recognizing the cerned. WRIGHT, Mr. MOULTON, Mr. SHERMAN, importance of the Upper Delaware River in By Mr. THOMPSON of Pennsylvania Mr. CARSON of Indiana, Mr. PETERS, New York State; to the Committee on Nat- Ms. BONAMICI, Mr. KILDEE, Ms. NOR- (for himself, Ms. MCCOLLUM, and Mr. ural Resources. TON, Mr. PRICE of North Carolina, Mr. STIVERS): By Mr. ROSS (for himself and Mrs. H.R. 5365. A bill to amend the Community PALLONE, Mrs. WATSON COLEMAN, Mr. WALORSKI): Services Block Grant Act to reauthorize and FOSTER, Mr. HIMES, Mr. KIHUEN, Ms. H. Res. 794. A resolution expressing the modernize the Act; to the Committee on TITUS, Ms. BLUNT ROCHESTER, Ms. sense of the House of Representatives that Education and the Workforce. CLARK of Massachusetts, Ms. the national parks, national forests, and By Mrs. HARTZLER (for herself, Mr. DELBENE, Mr. LANGEVIN, Ms. public lands and waters of the United States AUSTIN SCOTT of Georgia, and Ms. DEGETTE, Ms. TSONGAS, Ms. FRANKEL contribute greatly to the economic and phys- HANABUSA): of Florida, Ms. MCCOLLUM, Mr. BLU- ical well-being of Americans and can be fur- H.R. 5366. A bill to amend title 18, United MENAUER, Mr. HASTINGS, Ms. BASS, ther improved by public-private partner- States Code, to provide for certain author- Ms. BORDALLO, Mr. SMITH of Wash- ships; to the Committee on Natural Re- ized actions regarding interdiction of un- ington, Mr. VELA, Mr. YARMUTH, Mrs. sources, and in addition to the Committee on manned aircraft, and for other purposes; to DINGELL, Mrs. CAROLYN B. MALONEY Agriculture, for a period to be subsequently the Committee on the Judiciary, and in addi- of New York, Ms. SCHAKOWSKY, Ms. determined by the Speaker, in each case for tion to the Committees on Transportation SPEIER, Mr. PAYNE, Ms. MOORE, Ms. consideration of such provisions as fall with- and Infrastructure, and Homeland Security, MATSUI, Mrs. BUSTOS, Ms. FUDGE, Mr. in the jurisdiction of the committee con- for a period to be subsequently determined CA´ RDENAS, Ms. VELA´ ZQUEZ, Mr. PA- cerned. by the Speaker, in each case for consider- NETTA, Mr. GALLEGO, Mrs. DAVIS of By Mr. WILSON of South Carolina (for ation of such provisions as fall within the ju- California, Mr. DANNY K. DAVIS of Il- himself and Mr. NORCROSS): risdiction of the committee concerned. linois, Mr. COHEN, Mr. KILMER, Mrs. H. Res. 795. A resolution recognizing the By Mr. BIGGS: LOWEY, Mr. GUTIE´ RREZ, Ms. ROSEN, United States role in the evolving energy H.R. 5367. A bill to amend Rule 23 of the Ms. LEE, Mr. ELLISON, Mr. landscape of the Gulf Cooperation Council Federal Rules of Civil Procedure to protect GARAMENDI, Mr. MCNERNEY, Mr. TED countries; to the Committee on Foreign Af- the ‘‘gig economy’’ and small businesses that LIEU of California, Mr. NADLER, Ms. fairs. ´ operate in large part through contractor SANCHEZ, Mr. LARSON of Connecticut, f services from the threat of costly class ac- Mr. COURTNEY, Mr. NOLAN, Ms. tion litigation, and for other purposes; to the HANABUSA, Mr. LEWIS of Georgia, Mr. CONSTITUTIONAL AUTHORITY Committee on the Judiciary. COSTA, Ms. PINGREE, Mr. TONKO, Mr. STATEMENT By Mr. BISHOP of Michigan (for him- CAPUANO, Mr. NORCROSS, Mr. COOPER, Pursuant to clause 7 of rule XII of self, Mrs. WALORSKI, and Mr. Ms. ROYBAL-ALLARD, Mr. BRADY of the Rules of the House of Representa- RENACCI): Pennsylvania, Mr. QUIGLEY, Mr. H.R. 5368. A bill to amend the Internal Rev- HUFFMAN, Mr. BERA, Mr. BRENDAN F. tives, the following statements are sub- enue Code of 1986 to require that certain tax BOYLE of Pennsylvania, Mr. mitted regarding the specific powers refunds be made by electronic funds transfer, DELANEY, Mr. RYAN of Ohio, Ms. granted to Congress in the Constitu- and for other purposes; to the Committee on DELAURO, Mr. WELCH, Mr. RUIZ, Mrs. tion to enact the accompanying bill or Ways and Means. NAPOLITANO, Ms. WASSERMAN joint resolution. By Mr. COOPER (for himself, Mr. NOR- SCHULTZ, Mr. KENNEDY, Mr. VARGAS, By Ms. ROS-LEHTINEN: MAN, Mr. BUDD, and Miss RICE of New Mr. LARSEN of Washington, Mr. H.R. 5357. York): O’ROURKE, Ms. LOFGREN, Ms. CASTOR Congress has the power to enact this legis- H.R. 5369. A bill to prohibit the consider- of Florida, Mr. KRISHNAMOORTHI, Mr. lation pursuant to the following: ation in the House of Representatives of any CARBAJAL, Mr. MCEACHIN, Mr. Article I, section 8 of the Constitution legislation containing an earmark; to the DESAULNIER, Ms. ESTY of Con- By Mr. HUNTER: Committee on Rules. necticut, and Mrs. TORRES): H.R. 5358.

VerDate Sep 11 2014 06:12 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\L21MR7.100 H21MRPT1 SSpencer on DSKBBXCHB2PROD with HOUSE March 21, 2018 CONGRESSIONAL RECORD — HOUSE H1755 Congress has the power to enact this legis- By Mr. BIGGS: Article 1, Section 8, Clause 1: lation pursuant to the following: H.R. 5367. The Congress shall havePower To lay and Article I, Section 8, clause 3 of the United Congress has the power to enact this legis- collect Taxes, Duties, Imposts and Excises, States Constitution lation pursuant to the following: to pay the Debts and provide for the common By Mrs. CAROLYN B. MALONEY of Article I, Section 8 of the U.S. Constitu- Defence and general Welfare of the United New York: tion States; but all Duties, Imposts and Excises H.R. 5359. By Mr. BISHOP of Michigan: shall be uniform throughout the United Congress has the power to enact this legis- H.R. 5368. States. lation pursuant to the following: Congress has the power to enact this legis- Article 1, Section 8, Clause 18: Article 1, Section 8, Clause 18 of the Con- lation pursuant to the following: To make all Laws which shall be necessary stitution Article I, Section 7, Clause 1 stating ‘‘All and proper for carrying into Execution the Congress shall have the power . . . to make Bills for raising Revenue shall originate in foregoing Powers, and all other Powers vest- all Laws which shall be necessary and proper the House of Representatives: ed by this Constitution in the Government of for carrying into Execution the foregoing Article I, Section 8, Clause 1 stating ‘‘The the United States, or in any Department or Powers, and all other Powers vested by this Congress shall have the power to lay and col- Officer thereof. Constitution in the Government of the lect Taxes’’ and Clause 18 stating that it has By Mr. SCALISE: United States, or in any Department or Offi- the power to ‘‘make all laws which shall be H.R. 5378. cer thereof.. necessary and proper for carrying into execu- Congress has the power to enact this legis- By Mr. MEADOWS: tion the foregoing powers.’’ lation pursuant to the following: H.R. 5360. By Mr. COOPER: Article I, Section 8, Clause 3 of the United Congress has the power to enact this legis- H.R. 5369. States Constitution. lation pursuant to the following: Congress has the power to enact this legis- Article 1, Section 8, Clause I states ‘‘The lation pursuant to the following: f Congress shall have Power To lay and collect Article I, Section 5, Clause 2 of the Con- Taxes, Duties, Imposts and Excises, to pay stitution of the United States. ADDITIONAL SPONSORS the Debts and provide for the common By Mr. SAM JOHNSON of Texas: Under clause 7 of rule XII, sponsors Defence and general Welfare of the United H.R. 5370. were added to public bills and resolu- States. . .’’ Congress has the power to enact this legis- By Mr. PAULSEN: lation pursuant to the following: tions, as follows: H.R. 5361. This bill is enacted pursuant to the power H.R. 754: Mr. MOONEY of West Virginia. Congress has the power to enact this legis- granted to Congress under Article 1, Section H.R. 1057: Mr. KRISHNAMOORTHI. lation pursuant to the following: 8, Clause 1 of the United States Constitution H.R. 1150: Mr. FLEISCHMANN. Article 1, Section 8 of the United States and Article 1, Section 8, Clause 18 of the H.R. 1212: Mr. MESSER and Mr. KILMER. Constitution United States Constitution. H.R. 1276: Mr. RASKIN. By Mrs. WALORSKI: By Ms. MICHELLE LUJAN GRISHAM H.R. 1444: Miss RICE of New York. H.R. 5362. of New Mexico: H.R. 1475: Mrs. BEATTY. Congress has the power to enact this legis- H.R. 5371. H.R. 1478: Mr. CORREA and Mr. GOTTHEIMER. lation pursuant to the following: Congress has the power to enact this legis- H.R. 1542: Mr. MESSER and Mrs. TORRES. Article 1, Section 8, Clause 1: The Congress lation pursuant to the following: H.R. 1612: Mrs. BEATTY. shall have Power To lay and collect Taxes, This bill is enacted pursuant to the power H.R. 1676: Mr. DANNY K. DAVIS of Illinois. Duties, Imposts and Excises, to pay the granted to Congress under Article I, Section H.R. 1802: Mr. CARTWRIGHT. Debts and provide for the common Defence 8, Clause 18 of the United States Constitu- H.R. 1825: Mrs. MCMORRIS RODGERS, Mr. and general Welfare of the United States; but tion. LEWIS of Minnesota, and Mr. FITZPATRICK. all Duties, Imposts and Excises shall be uni- By Mr. MITCHELL: H.R. 1928: Mr. BLUMENAUER. form throughout the United States. H.R. 5372. H.R. 2135: Ms. WASSERMAN SCHULTZ, Mr. Article 1,Section 8, Clause 18: To make all Congress has the power to enact this legis- NORCROSS, and Mr. COURTNEY. Laws which shall be necessary and proper for lation pursuant to the following: H.R. 2147: Mr. MCEACHIN. carrying into Execution the foregoing Pow- Article I, Section 8, Clause 1 of the Con- H.R. 2215: Mrs. DAVIS of California. ers, and all other Powers vested by this Con- stitution of the United States. H.R. 2273: Mr. AUSTIN SCOTT of Georgia. stitution in the Government of the United By Mr. PETERS: H.R. 2321: Mrs. MCMORRIS RODGERS. States, or in any Department or Officer H.R. 5373. H.R. 2345: Mr. SHIMKUS. thereof. Congress has the power to enact this legis- H.R. 2452: Mr. MCEACHIN and Mr. CORREA. By Mr. POE of Texas: lation pursuant to the following: H.R. 2652: Mr. SMITH of New Jersey. H.R. 5363. Article I, Section 8 H.R. 2683: Ms. TENNEY. Congress has the power to enact this legis- By Mr. POLIS: H.R. 2902: Ms. BASS. lation pursuant to the following: H.R. 5374. H.R. 2913: Ms. SA´ NCHEZ. Clause 18 of section 8 of article I of the Congress has the power to enact this legis- H.R. 3030: Mr. MEEKS. Constitution which states that Congress has lation pursuant to the following: H.R. 3220: Mr. BISHOP of Michigan. the power ‘‘to make all laws which shall be Clause 3 of section 8 of Article I of the Con- H.R. 3330: Mr. BANKS of Indiana. necessary and proper for carrying into Exe- stitution H.R. 3378: Mr. WILLIAMS and Mr. LAMALFA. cution the foregoing Powers, and all other By Mr. REED: H.R. 3871: Ms. STEFANIK. Powers vested by this Constitution in the H.R. 5375. H.R. 4137: Mr. LAMALFA. Government of the United States, or in any Congress has the power to enact this legis- H.R. 4143: Ms. BASS. Department or Officer thereof. lation pursuant to the following: H.R. 4229: Mr. HOLDING and Mr. BRAT. By Mr. POE of Texas: Article I, Section 8 of the Constitution of H.R. 4311: Mr. AUSTIN SCOTT of Georgia. H.R. 5364. the United States of America H.R. 4491: Mr. MOULTON and Ms. NORTON. Congress has the power to enact this legis- By Mr. RENACCI: H.R. 4525: Mr. CARTWRIGHT. lation pursuant to the following: H.R. 5376. According to the Neccessary and Proper Congress has the power to enact this legis- H.R. 4659: Mr. HILL and Mr. MESSER. Clause found in Article 1 Section 8 of the lation pursuant to the following: H.R. 4763: Mr. CARTWRIGHT. United States Constitution Article 1, Section 8, Clause 1: H.R. 4903: Mr. BANKS of Indiana. By Mr. THOMPSON of Pennsylvania: The Congress shall havePower To lay and H.R. 4953: Mr. BRADY of Pennsylvania. H.R. 5365. collect Taxes, Duties, Imposts and Excises, H.R. 4970: Mr. NORCROSS. Congress has the power to enact this legis- to pay the Debts and provide for the common H.R. 5012: Mr. LAMALFA, Mr. ROUZER, Mr. lation pursuant to the following: Defence and general Welfare of the United CHABOT, Mr. KING of Iowa, and Mr. FLORES. This bill is enacted pursuant to the power States; but all Duties, Imposts and Excises H.R. 5058: Mr. COSTA. granted to Congress under Article I, Section shall be uniform throughout the United H.R. 5104: Mr. HASTINGS. 8 of the United States Constitution which States. H.R. 5105: Mr. KIND. gives Congress the power ‘‘to regulate Com- Article 1, Section 8, Clause 18: H.R. 5107: Mr. BRADY of Texas and Mr. merce with foreign Nations, and among the To make all Laws which shall be necessary BARR. several states, and within the Indian and proper for carrying into Execution the H.R. 5155: Mr. PASCRELL, Mr. CARSON of In- Tribes.’’ foregoing Powers, and all other Powers vest- diana, Ms. ESHOO, Mr. KENNEDY Mr. CROW- By Mrs. HARTZLER: ed by this Constitution in the Government of LEY, Ms. SCHAKOWSKY, Mr. RUSH, Mr. MCNER- H.R. 5366. the United States, or in any Department or NEY, Ms. DELAURO, Mr. MCEACHIN, and Mr. Congress has the power to enact this legis- Officer thereof. CICILLINE. lation pursuant to the following: By Mr. RENACCI: H.R. 5199: Mrs. MIMI WALTERS of California. ‘‘clause 3 of section 8 of article 1 of the H.R. 5377. H.R. 5233: Ms. JAYAPAL, Mr. COFFMAN, Ms. Constitution,’’ and ‘‘clause 18 of section 8 of Congress has the power to enact this legis- MOORE, and Mr. MEEHAN. article 1 of the Constitution.’’ lation pursuant to the following: H.R. 5244: Ms. TSONGAS and Mr. MOULTON.

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H.R. 5275: Ms. BROWNLEY of California and H.R. 5336: Ms. STEFANIK and Mrs. of Washington, Ms. KUSTER of New Hamp- Mrs. WALORSKI. HARTZLER. shire, and Mr. LANGEVIN. H.R. 5345: Mr. PERLMUTTER. H.R. 5281: Mr. WILLIAMS. H. Res. 763: Mr. RASKIN and Mr. KIND. H. Res. 756: Ms. ROYBAL-ALLARD, Ms. H.R. 5313: Mr. NORMAN. TITUS, Mr. GRIJALVA, Ms. NORTON, Mr. SMITH H. Res. 781: Ms. KAPTUR.

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Vol. 164 WASHINGTON, WEDNESDAY, MARCH 21, 2018 No. 49 Senate The Senate met at 11 a.m. and was date to my colleagues, given the chal- The PRESIDING OFFICER. The Sen- called to order by the President pro lenges associated with the weather— ator from Ohio. tempore (Mr. HATCH). and also as we move toward a conclu- Mr. PORTMAN. Mr. President, I ask f sion of the omnibus. unanimous consent to enter into a col- I have spoken to the Democratic loquy on this legislation with some of PRAYER leader. It is my expectation that we my leadership colleagues who are The Chaplain, Dr. Barry C. Black, of- will move forward with votes today. We present: first, Senator JOHN THUNE, the fered the following prayer: are hoping to move them forward on chair of the Commerce Committee, Let us pray. the sex trafficking bill, moving them who has been very involved in this Immortal, invisible, God only wise, up in the day, hopefully, to accommo- issue; Senator RICHARD BLUMENTHAL as we praise You that those who trust in date safe travel. So we will notify ev- well, who is the coauthor of the legisla- You will not lack any good things. We eryone when votes are scheduled. tion and cochair of the trafficking cau- thank You that You are the source of I suggest the absence of a quorum. cus; Senator CLAIRE MCCASKILL, who is our strength and the strength of our The PRESIDING OFFICER. The ranking member of the Subcommittee lives. clerk will call the roll. on Investigations; and Senator HEIDI Guide our lawmakers in all their un- The legislative clerk proceeded to HEITKAMP, one of the original cospon- dertakings. Stay close to them and in- call the roll. sors of this legislation. fuse them with Your Spirit of Wisdom. Mr. PORTMAN. Mr. President, I ask The PRESIDING OFFICER. Without May they strive for Your approval in- unanimous consent that the order for objection, it is so ordered. stead of seeking the approbation of hu- the quorum call be rescinded. Mr. PORTMAN. Mr. President, I am manity. When our Senators face trou- The PRESIDING OFFICER. Without pleased to be joined by my colleagues bles, rescue them from each one, ena- objection, it is so ordered. this morning in this Chamber as we bling them to tell of Your excellent f begin the process of debating the greatness. Lord, give them the grace to amendments that are being offered and receive things as they are, while re- RESERVATION OF LEADER TIME moving toward a final vote on this im- solving by Your grace to make them The PRESIDING OFFICER. Under portant legislation to deal with sex what they ought to be. the previous order, the leadership time trafficking which, unbelievably, in this And, Lord, we pray for the victims is reserved. century and in this country is actually and families of the Great Mills school increasing. All of the experts say it is f shooting. increasing because of the presence of We pray in Your strong Name. Amen. CONCLUSION OF MORNING these organizations online that are f BUSINESS using the ruthless efficiency of the internet to sell women and children. PLEDGE OF ALLEGIANCE The PRESIDING OFFICER. Morning business is closed. It is fitting that this group is bipar- The President pro tempore led the tisan, because this process has been bi- Pledge of Allegiance, as follows: f partisan in coming up with this legisla- I pledge allegiance to the Flag of the ALLOW STATES AND VICTIMS TO tion all along. It is really the culmina- United States of America, and to the Repub- FIGHT ONLINE SEX TRAF- tion of 2 years’ worth of work—a lot of lic for which it stands, one nation under God, FICKING ACT OF 2017 great work and investigations being indivisible, with liberty and justice for all. done by the Permanent Subcommittee The PRESIDING OFFICER. Under f on Investigations, as well as good work the previous order, the Senate will pro- being done by the Commerce Com- RECOGNITION OF THE MAJORITY ceed to the consideration of H.R. 1865, mittee through regular order. We LEADER which the clerk will report. would not be on the verge of sending The PRESIDING OFFICER (Mr. SUL- The legislative clerk read as follows: this bill to the President’s desk with- LIVAN). The majority leader is recog- A bill (H.R. 1865) to amend the Commu- out the hard work of every Senator nized. nications Act of 1934 to clarify that section who will be on the floor this morning. 230 of such Act does not prohibit the enforce- I would also like to briefly recognize f ment against providers and users of inter- a sixth member of our group who can- SCHEDULE active computer services of Federal and State criminal and civil law relating to sex- not be here but whose passion about Mr. MCCONNELL. Mr. President, I ual exploitation of children or sex traf- this issue means that although his would like this morning to give an up- ficking, and for other purposes. presence is not here, it is felt; and that

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

S1849

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VerDate Sep 11 2014 01:22 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.000 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1850 CONGRESSIONAL RECORD — SENATE March 21, 2018 is Senator JOHN MCCAIN. Both Senator PORTMAN so very appropriately pointed a scourge that this country needs to MCCAIN and his wife Cindy McCain out, Senator MCCAIN, who has been a get rid of. have taken on this issue of human traf- passionate advocate for addressing this I know there are others here who ficking through the McCain Institute, issue for so many years too. We wish he have joined us who intend to partici- and Senator MCCAIN, through our work could be here to participate and vote pate in this discussion. on the Permanent Subcommittee on for passage of this legislation, but we I yield to the Senator from Ohio. Investigations, also helped us with this know his work over the years has Mr. PORTMAN. Mr. President, again, legislation. We wish they could be here played an incredibly important role in I thank my colleague from South Da- for the final vote on this bill. I know getting us to where we are today. kota, who has been at the forefront. JOHN MCCAIN is watching right now This group also helped lead the effort Getting this bill through the Com- and wishing he could be here with us, to conduct important investigatory merce Committee with a unanimous and we look forward to his return to oversight that has helped us to get to vote, frankly, exceeded expectations. this Chamber. I thank them on behalf the point where we are today. Many on the outside thought this of all of us for their hard work on this Last year, as Senator PORTMAN might be an opportunity for many who issue over the years. pointed out, I chaired a Commerce are against the legislation to stop the We will hear from my colleagues Committee hearing on his bill, where bill but instead we were able, through today on a number of things we have we heard testimony from experts on testimony, to show that this is a com- done in Congress in this process of put- both sides of the issue. We listened monsense, targeted approach that will ting together the right legislative fix carefully to what our witnesses had to make a huge difference in the lives of to be able to take away an immunity, say. After the hearing, we worked to- the people we represent, without af- unbelievably, that some of these evil gether to make some targeted changes fecting the freedom of the internet. websites currently have under Federal to the legislation. The bill that ulti- That is the right balance Senator law to be able to sell people online. We mately advanced from our committee THUNE helped us to get. will hear about the 18-month investiga- enjoyed, as Senator PORTMAN pointed I see that my colleague Senator tion into online trafficking by out, solid support from the internet in- BLUMENTHAL is here, whom I talked backpage.com by the Permanent Sub- dustry. It passed the Senate Commerce about earlier. He is a coauthor of this committee on Investigations. We will Committee unanimously. legislation and also a former State hear stories about online sex traf- The bill is strongly supported by prosecutor who took on trafficking ficking and some of the injustices expe- Members of both parties. It has racked cases, and so he has a professional rienced by some of the victims and sur- up lots of bipartisan support: 68 out of background in prosecuting these cases vivors who have come to us back home 100 Senators are now cosponsors of this and, therefore, joined me in ensuring in our States and who have come to bill. The bill is supported by the White that this legislation allows for our testify bravely in the U.S. Congress. House, so we know that as soon as it State and local prosecutors, who are We will hear about some of the calls leaves the Senate, it will land on the going to take many of these cases, to from courts around the country asking President’s desk, where it will be be able to sue these websites that are us to pass legislation to fix this prob- signed into law. selling people online using the current lem; the prosecutors, the U.S. attor- It is supported by law enforcement shield in Federal legislation. But after neys, the people back home who are organizations, organizations that fight this legislation, prosecutors will be eager to prosecute these cases but sex trafficking, and by faith-based or- able to successfully prosecute to stop can’t because of Federal law. ganizations. this criminal activity. We will hear about the work of the At our Commerce Committee hear- Mr. President, I yield the floor to Commerce Committee, as I said earlier, ing, we also heard powerful testimony Senator BLUMENTHAL. helping us come up with a common- from Yvonne Ambrose, whose daughter Mr. BLUMENTHAL. Mr. President, I sense target bill through the regular Desiree Robinson was sexually traf- am proud to be here as a former U.S. order to be sure we would have not just ficked repeatedly before being mur- attorney and the chief Federal pros- the best legislative product but that we dered. Desiree was just 16 years old, a ecutor in Connecticut. would have buy-in from Members of bright and loving girl who dreamed of I have been involved in law enforce- both sides of the aisle. becoming a doctor in the Air Force. In- ment for most of my career, and I am I commend Senator JOHN THUNE for stead, she was raped and murdered by a proud to stand here now in this Cham- doing that. He chairs the Commerce man twice her age who had sought her ber, following the chairman of the Committee, which held a hearing on for sex after seeing her advertised on Commerce Committee, whose dedica- this legislation—SESTA—last Sep- an internet site. tion to this cause has brought us to the tember. It actually was reported unani- Ms. Ambrose’s powerful testimony finish line, and my colleague Senator mously out of committee after making helped the members of our committee PORTMAN, whose leadership on this bill a few changes to the legislation which understand the terrible pain that vic- is invaluable. clarified the intent in a positive way. tims of sex trafficking and their fami- I wish to second a number of points I yield to my colleague JOHN THUNE. lies are exposed to. I am very thankful that have been made by Senator Mr. THUNE. Mr. President, I, too, to her for sharing Desiree’s story. PORTMAN and Senator THUNE, most es- want to recognize and say to Senator This bill has already cleared the pecially about the very collaborative PORTMAN, who has been a leading voice House of Representatives by an over- effort involved in this bill—a bipar- in the Senate in the fight against whelming margin. tisan championing of a cause whose human trafficking, what a great job he I encourage my colleagues in the time has come—and, particularly, has done getting us to this point. This Senate to reject any attempts to slow about our colleague JOHN MCCAIN and was a long, multimonth, as he said, 2- this bill down with amendments. This his wife Cindy McCain, whose energy, year effort. Senator PORTMAN has been has been very carefully and thoroughly spirit, courage, and strength have real- absolutely relentless in pushing and vetted through the many processes ly been an inspiration to all of us. I driving this process forward. I com- that Senator PORTMAN described. We also want to thank Senators MCCAS- mend him for his important work, need to get this bill over the finish line KILL, HEITKAMP, and CORNYN, because which will culminate today, I certainly and on the President’s desk and signed their contributions have been enor- hope, with a big bipartisan vote in sup- into law because there are thousands of mously valuable as well. port of the legislation in front of us. children out there who are waiting for There is a face to human trafficking I also commend the bipartisan group our help. in this country. Here is one of the of Senators who worked hard to draft So, again, I commend Senator faces. Desiree Robinson, whose story the Stop Enabling Sex Traffickers Act, PORTMAN and our colleagues in the you just heard from Senator THUNE, is which includes Senator BLUMENTHAL, Senate who have worked tirelessly on one such face. Her voice is still. Her whom we will hear from in just a mo- this legislation. I hope we have a big voice could not be heard directly, but ment; Senators MCCASKILL, CORNYN, outcome today, and I hope we can do her mother, Yvonne Ambrose, came to and HEITKAMP; and as Senator something really meaningful to address our committee and talked about her

VerDate Sep 11 2014 01:22 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.002 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 21, 2018 CONGRESSIONAL RECORD — SENATE S1851 beautiful daughter, whose life was lost When she was in high school, a series There being no objection, the mate- as a result of sex trafficking. She was of men reached out to her on social rial was ordered to be printed in the killed after she was raped and after she media. They pressured and manipu- RECORD, as follows: was sold. Her story alone helped us to lated her into letting them sell her for SENATOR BLUMENTHAL: At first glance, it achieve unanimous approval in the sex and then advertise her on appears that the Moderation Amendment is Commerce Committee for this bill, and backpage.com. Her mom, Yvonne, told disguising itself as a good Samaritan amend- I hope it will lead us to an over- us what happened next: ment. However, in a nutshell, its effect is whelming vote today on the bill before On December 23, 2016, a 32-year-old man by really a bad faith Samaritan immunity. Not only does the amendment strip the us. the name of Antonio Rosales was looking through Backpage.com for a child to have ‘‘good faith’’ requirement (that is already ac- I hope, as well, that it will lead us to counted for in the current CDA), it creates a defeat amendments that would, in ef- sex with, just like countless others before him. . . . He knew Backpage.com was a site new and very expansive immunity for com- fect, kill this bill—amendments that to go to in order to find young underaged panies charged with all crimes—not just sex may be well intentioned, but, in fact, girls to have sex with. During his search, he trafficking. This is in sharp contrast to have an effect contrary to their stated came upon a picture of my 16-year-old CDA’s original intent and does nothing but purpose. daughter under the posting, ‘‘New girl in immunize bad actors. This bill is completely bipartisan town looking to have fun,’’ which was posted I significantly limits evidence that could from beginning to end. It is the result by her pimp. Desiree was driven to Antonio’s be used in any federal criminal action residence by the pimp with the intent of hav- against a website. Because almost every of tireless work of advocates, sex traf- company uses some form of moderation sys- ficking survivors, and a bipartisan coa- ing sex with this 32-year-old man, a man twice her age. tem, the immunity would apply in every case lition of our colleagues. It now has 68 This was the last night of my daughter’s brought under Section 230 going forward. cosponsors. Its companion legislation life. . . . On Christmas Eve, December 24, The CDA has already been crafted to pro- passed in the House 388 to 25. 2016, Desiree, my baby, was brutally mur- vide immunity to those that are truly using It is the product of stakeholder con- dered, and now my life has changed forever. good faith in their screening. This amend- sensus. It has the support of every She had been beaten, raped, strangled, and if ment undoes that and instead, creates a new major human trafficking organization, that wasn’t bad enough, he slit her throat, bar to liability. Moreover, it does not make sense in the every major law enforcement group, all because she said, no, she didn’t want to do this again. She screamed for help, and real world and has the potential to create and every part of the tech commu- there was no one around to help her. devastating consequences. As you know, we nity—if not unanimous, at least of Yvonne Ambrose had the courage to represent Yvonne Ambrose, the mother of many of its leaders. Desiree Robinson, who was just 16 years old come testify before us, and I have re- This bill would clarify section 230 of when she was murdered on Christmas Eve peated this part of her testimony not the Communications Decency Act, 2016. Desiree was not much different than because it is ennobling or pleasant, but which was never intended to give any other 16 year old girl. She was loved by because it is the hard, ugly truth about websites a free pass to aid and abet sex all, and had dreams like all. Like all chil- sex trafficking. It is the reason that we dren, Desiree was vulnerable. It did not take trafficking. It was never intended to must pass this measure. It is also the long for her to fall victim to a man who immunize completely those websites so reason why we need to defeat the preyed upon her and sold her for a finder’s they could knowingly facilitate sex amendments that would send this fee to her pimp, Joseph Hazely. Hazely sold trafficking. Those words are in the measure back to the House and its pos- Desiree for sex on Backpage.com to Antonio bill—‘‘knowingly facilitate.’’ Rosales—her killer. Desiree’s case has both a sible demise. criminal and civil component—Desiree’s The purpose of our measure, very Every one of the groups I mentioned simply, is to give survivors their day in traffickers and killer have been charged earlier, including Desiree’s lawyer, criminally and are awaiting trial. We are court. Right now, the courtroom doors have urged us to defeat these amend- are barred to them, as a recent court of pursuing a civil wrongful death action ments. I will read just one or two sen- against all that played a part in her death, appeals opinion remarked, out- tences from a letter that I received including Backpage.com. rageously so. It would also open ave- today from Desiree’s lawyer about the You heard from Yvonne who testified be- nues of prosecution to law enforcement so-called moderation amendment: fore the Senate Commerce Committee. There where they are currently roadblocked. is no better advocate for the passage of At first glance, it appears that the Modera- SESTA than a mother who lost her child. My experience combating sex traf- tion Amendment is disguising itself as a Desiree represents hundreds of 1000s of chil- ficking at the State level led me to co- good Samaritan amendment. However, in a dren who are knowingly trafficked on launch and cochair the Senate Caucus nutshell, its effect is a really bad faith Sa- Backpage.com. The proposed Wyden amend- to End Human Trafficking with Sen- maritan immunity. ment cuts Desiree’s claim off at its knees, ator PORTMAN, seeking to find solu- This measure is narrowly tailored. It giving bad actors, who are not acting in good tions to this problem. As a State pros- would ensure that State and local law faith, a way out—giving them a clearly de- ecutor, I was told that I could not pur- enforcement can join the fight against fined immunity to hang their hat on. It is sue actions again craigslist or other these criminal websites. It provides such a drastic departure from that of the sites nearly a decade ago because of survivors a right of action that would Good Samaritan, taking good faith out of that section and the interpretation. not only be a source of relief for them the equation entirely. It will create an insur- mountable challenge for lawyers who are Clearly, the websites that facilitate but also a means of remedy. The Good this, knowingly encouraging and prof- fighting on behalf of victims of sex traf- Samaritan amendment, unfortu- ficking, not to mention, any victims of any iting from sex trafficking, must face nately—perhaps, unintentionally— other crime, whether criminal or civil, repercussions in the courtroom. For would simply protect the websites. brought under Section 230. law enforcement to succeed in com- The people who complain and take In practical application, in a case such as bating sex trafficking, there have to be action certainly deserve protection. It Desiree Robinson, this is how it plays out: consequences. The National Center for is in the current law. One of the rea- We know that Backpage makes an effort to Missing & Exploited Children reported sons why we want to defeat this identify and flag ads that are objectionable an 840-percent increase in reports of amendment is that it would probably through its strip word feature. It then af- suspected child and sex trafficking firmatively edits ad that it knows are selling have unintended consequences in pro- children for sex on its website. Under this from 2010 to 2015 alone. It found that tecting websites that identify sex traf- amendment, even though Backpage know- spike ‘‘directly correlated to the in- ficking ads and then leave them up in ingly facilitated trafficking of children when creased use of the internet to sell chil- order to continue profiting from them. it edited the ads, it would be immunized be- dren for sex.’’ I think the letter from the attorney cause it took steps to identify this content, Those numbers fail to tell the full for Desiree Robinson’s estate, Gina even though it didn’t remove it. Surely, im- story. In fact, this picture is worth a DeBoni, objecting to this amendment munizing bad actors such as Backpage can- thousand words. This picture of Desiree is a powerful reminder that we need to not be the intent of this Congress and all the shows her as a young girl, smiling. In co-sponsors of this bill. stick to what we have and what we We know from the Senate report and infor- fact, her mom told us that her smile know will work. mation obtained via our subpoena to Co-Star could light up a room. She was a suc- Mr. President, I ask unanimous con- Group that Backpage’s moderation is rel- cessful student who dreamed of becom- sent that this letter be printed in the evant and intrinsically connected to their ing a physician in the Air Force. RECORD. knowing facilitation of sex trafficking. This

VerDate Sep 11 2014 01:22 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.004 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1852 CONGRESSIONAL RECORD — SENATE March 21, 2018 amendment removes the consideration of the Again, my thanks to all of my col- also with our great friend, Senator direct evidence of criminal activity because leagues and most especially to Senator JOHN MCCAIN, and his beautiful, active, the amendment broadly excludes all evi- PORTMAN for his hard work, his leader- and wonderful wife, Cindy McCain. dence of this nature. In fact, it broadly ex- The other reason I am very proud is cludes this type of evidence for ALL civil ship, and his courage in tackling this and criminal matters regardless of the type tough problem, which should bring all that this is why I came to the Senate— of crime. of us together. Making SESTA the law to work across the aisle to address Companies such as Facebook, etc, that of the land will help save lives. It will major issues and challenges, to make a have the largest risk or burden are sup- spare others the fate of Desiree Robin- difference in the lives of some of the portive of the SESTA language as is. This son. It will make sure that more par- most vulnerable human beings in our amendment is not geared towards good ac- ents see justice, that survivors have country. tors but rather companies that are not act- We are here today on the cusp of ing in good faith. The Commerce Committee their day in court, and that law en- report clearly provides for good faith mod- forcement has the right to pursue these passing a bill that will provide victims eration—‘‘an ICS would not have their good wrongdoers. a real opportunity to seek justice and faith efforts to restrict access to objection- Mr. President, I yield back to Sen- recover damages from websites that able content used against them.’’ Good faith ator PORTMAN. profited from their pain of being sold moderation is already protected by the CDA Mr. PORTMAN. I thank my colleague for sex, while also providing new tools and the passage of SESTA does not negate for his comments and, more impor- to prosecutors, including my former that. For the above reasons, we respectfully en- tantly, for his leadership all the way colleagues, the State attorneys gen- courage Senator Blumenthal to vote NO on through the process of drafting the leg- eral, to go after these sites and their the Wyden Amendment. I am available any islation. owners. time this weekend or on Monday to discuss I am now going to yield to one of my Again, I thank Senator PORTMAN and further. other colleagues. It looks like Senator Senator BLUMENTHAL for their tireless Thank you for your consideration. HEITKAMP will be next to speak. She is work in trying to fashion the right mix Regards, from North Dakota, not South Dakota, of understanding the importance of the GINA ARQUILLA DEBONI, as we talked about earlier with Sen- Communications Decency Act to the Attorney for the Estate of Desiree Robinson ator THUNE, and she has a similar pas- development of this tool we call the Managing Attorney, sion for this issue and has been in- internet but also making sure this is Romanucci & volved in this issue for many years and not used as a tool for incredibly bad ac- Blandin LLC. is also on the committee in which we tors who would prey on the most vul- Mr. BLUMENTHAL. Finally, there is did the PSI work we talked about ear- nerable among us. a funding amendment that has been of- lier. I appreciate her being one of our Driving this bill and forging a com- fered. While well-intentioned, it would, six original cosponsors, helping us to promise was not easy. This was not in effect, derail this legislation. It draft this targeted, focused legislation easy. No one should think that this would provide money through Attorney that deals directly with the problem we came together easily or that we didn’t General Sessions to investigate and have seen around the country, which have many moments where we did our prosecute websites that criminally fa- was discussed by Senator BLUMENTHAL. own soul-searching, those of us who are cilitate human trafficking. With that, I would like to yield to committed to the First Amendment This amendment, too, is opposed by my colleague Senator HEITKAMP. and those of us who are committed to law enforcement agencies. Yesterday, I The PRESIDING OFFICER (Mrs. free access of means to express our put their letters into the RECORD. ERNST). The Senator from North Da- opinions and do our business. Every major law enforcement rep- kota. What I will tell you is that this is a resentative agency opposes it because Ms. HEITKAMP. Madam President, I big thing. This isn’t a little thing. This ‘‘the funding amendment is a poison am so proud to stand here with my five is a big thing—not only because we are pill that is dead on arrival if sent back colleagues, but I also have to acknowl- doing it in a bipartisan way but also to the House.’’ edge the one who is not here; that is, because we are speaking on behalf of I will conclude simply by saying that Senator JOHN MCCAIN, who has been an the most vulnerable human beings in I believe this measure accomplishes absolute champion, along with his wife, this country. some powerfully important purposes. It on attacking this problem. Five years I can’t imagine a more heinous act would not criminalize the so-called ago when I met Cindy McCain, one of than the sale of human beings on the harm reduction communication—infor- the first things she said was, what can internet for sex. It is happening in all mation designed to ensure that women we do about this? of our communities. It is happening in and men wrapped up in commercial sex Working within the Homeland Secu- our States each and every day. trade can avoid violence, prevent HIV, rity Committee, where so much of this When I began my journey to the U.S. and access community and support work got done—both in the Homeland Senate, I engaged and started visiting services. Security Committee and the Perma- with my old friends in North Dakota H.R. 1865 was not designed to target nent Subcommittee on Investigations— law enforcement. As I have said many websites that spread harm reduction I can’t say enough about the commit- times, I am a former attorney general information, and the language of the ment of that committee but more im- from the great State of North Dakota bill makes that clear. The purpose of portantly the commitment of the lead- and have great friends in law enforce- this bill is much more narrowly fo- ership of the Permanent Subcommittee ment. Their message was simple. They cused: A website user or operator must on Investigations, both Senator were seeing a lot more drugs. Obvi- intend to facilitate prostitution. If PORTMAN and Senator MCCASKILL, who ously, North Dakota was experiencing their goal is to save lives by providing worked in tandem, who engaged their an oil boom, and that was creating lifesaving information, they have not very capable staff, who did the inves- some social upheaval, additional crime, violated the law. tigations that led to the exposure of additional concern about crime. They Finally, I want to make absolutely the issues and led to a bipartisan com- then told me something I didn’t expect: clear, this legislation is not intended mitment to develop and pass this bill. We are seeing this incredible rate and to prejudice the rights of anyone who I do want to say that I know that increase in prostitution. I thought has been victimized by a crime online JOHN and Cindy are with us today in about that. I thought, well, what does other than sex trafficking. For exam- spirit. I know that Cindy is probably that mean, and how do we investigate ple, I disagree with the courts that watching because she is very, very ex- it? have held that the Communications cited that finally we are going to get So many people would argue that Decency Act immunizes online firearm this done. This is such an important this is a victimless crime and not a pri- sales—like Armslist—for facilitating tool. This is such an important piece of ority, and we started looking behind illegal gun sales. While this legislation stopping human trafficking, which has this. My colleagues in law enforcement does not address those cases, nobody been her lifelong objective and passion. in North Dakota started doing stings. should infer that Congress believes Today, we stand not just with our col- They did something that peace officers they were rightly decided. leagues who are here on the floor but all across the country do: They sat

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The National colleagues in law enforcement began to As we stand here today, we know we Center for Missing & Exploited Chil- say: These women are not criminals; are doing something that we hope will dren said that 75 percent were they are victims. happen more often in the Senate. We backpage. Another group said: No, it is We began to look at what led to this are standing for those victims, those 80 percent. huge explosion, and we started exam- parents, those children, those women In other words, we knew this was ining all the websites, all the places who are still in the struggle of human happening, but we couldn’t get the in- where, with the tweak of a word or trafficking, those children who are still formation because although we subpoe- with the opportunity to be anony- in the struggle of human trafficking. naed documents and subpoenaed their mous—in the old days, you would have We are standing with them today to testimony, they refused to show up and to stand out perhaps on the street cor- say: No more. People who will illegally refused to give us documents. We had ner, but now you can be anonymous, profit from selling children for sex are to go through an extraordinary proc- and that gave those perpetrators, those going to be held accountable. So the ess. I will let Senator MCCASKILL talk evil human beings, yet another avenue. message needs to go from this body, it about it, but for the first time in 21 That is when we started looking at needs to go from the signature on this years, this Senate did something that backpage.com and other sites like it bill, that that protection you have was critical to our investigation. I that sell human beings for sex. That been alleging—inappropriately hiding want to thank her for her hard work, occurs in every corner of our country— behind the Communications Decency and I would like to yield time to her to in the small and big States and in the Act—ends, and it ends with the passage talk about it. small and big counties and in oil coun- of this bill. Mrs. MCCASKILL. Madam President, ties and out east in farming commu- I couldn’t be prouder of the work my I thank my colleagues. I think we have nities. So no one should believe that colleagues Senator MCCASKILL and spent a lot of time on the floor thank- they are immune or somehow limited Senator PORTMAN did on the Perma- ing each other, which is a good thing. because it is going to happen there but nent Subcommittee on Investigations. Unfortunately, too often, we go back to not here. One thing we have learned is You exposed the facts that led to the tribal warfare after we thank each that it is happening everywhere. argument that led to the passage of other, but this is an example of when Today, we are saying: No more. The this bill. I am proud to stand with you. we have worked together in a bipar- Stop Enabling Sex Traffickers Act I am proud to work to make sure that tisan way. So I think those ‘‘thanks’’ would crack down on these horrific this bill is appropriately implemented. are justified, particularly in this case crimes online and provide justice for I look forward to the first prosecution when there has been an honest and true victims. Today, it is going to pass the of someone who sells children for sex bipartisan effort to get at a very seri- Senate with broad bipartisan support on the internet, profiting from the web ous problem in this country. It was a and head to the President’s desk to be page they created. pleasure to work with my colleague With that, Senator PORTMAN, thank signed into law. Senator PORTMAN as we did this inves- you so much for your excellent work. In many instances, websites help tigation. traffickers skirt law enforcement Senator MCCASKILL, thank you for So how do I come to this place? I through online advertising and con- your excellent work. I stand proud come to this place as somebody who with you today and know that we are tinue to do so without penalty by had spent a significant part of her ca- making a difference today. claiming their First Amendment reer in the courtroom prosecuting sex Today, the U.S. Senate will make a rights. difference for the most vulnerable crimes. I think I can say with con- I remember when we in the Perma- human beings in our country. fidence that I prosecuted more sex nent Subcommittee on Investigations I yield the floor. crimes than any other Member of the subpoenaed and had a chance to ques- Mr. PORTMAN. I thank my colleague U.S. Senate. I can’t speak for the tion the witnesses from backpage.com, for the expertise and experience she House because I am not familiar with and they started talking about their has brought to this effort. As she said, the backgrounds of all of the House First Amendment rights. I pointed out in the Permanent Subcommittee on In- Members. to them that nothing this body can do vestigations, we spent 18 months I spent years as an assistant pros- can affect someone’s First Amendment digging deep, trying to figure out why ecutor. For part of that time, I was the rights. They were not alleging or say- this was happening, why we had an in- only woman in the office, and for some ing they were protected by the First crease in trafficking in this country in reason, they thought that was a good Amendment. They knew that wouldn’t this century, and increasingly we were reason to have me gain expertise in the fly. They said they were protected by told that this was because of the inter- area of sex crimes. I was happy to take the terms of the Communications De- net, moving from the street corner to on the responsibility of handling a lot cency Act. the smartphone. Trafficking survivors of those cases as a young assistant Like Senator BLUMENTHAL, I never and victims told us this, but so did the prosecutor, going into the courtroom believed that the Communications De- experts. and arguing cases to juries, holding the cency Act protected them from pros- Senator HEITKAMP jumped in, and the hands of victims, crying with their ecution or protected them from civil leadership of that subcommittee in- families, trying to find that special penalty if they were complicit and, in cluded Senator MCCASKILL. She is no spot that is called justice in a system fact, abetted these crimes. I never be- longer the ranking member. She has that is sometimes stacked against the lieved that, but there were judges in gone on to bigger things—to be ranking victims of these kinds of crimes. I went America who did. We met and saw a lot member of the full committee—but on to be the elected prosecutor in Kan- of those judges and read a lot of those during this investigation of 18 months, sas City and tried to continue our opinions and said: We cannot let a law she was the ranking Democrat on our strong stand against all forms of sex of the U.S. Congress—a law on the subcommittee, and I appreciate work- crimes, including against the people books in our country—allow perpetra- ing with her there. She is a former who were profiting off of selling sex. tors who sell children for sex to abso- prosecutor. She knows how to dig deep It is important to remember that lutely avoid any civil or criminal pen- for this information, and she had a when we began this investigation in alty. We cannot allow that to happen— good staff. She also was very helpful to the Senate, we were dealing with some- not a law of this country. us in helping to enforce the subpoenas. one who didn’t want to cooperate. We don’t have the ability to restrict I will let her tell the story, but this What we learned through the investiga- or modify the First Amendment in this is really incredible. We knew this one tion was that this law, as it exists now,

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Of course, we all support more re- young women for sex. The prosecution Why is this law so important? If I am sources for sex trafficking prosecutions of cases is not driven by headlines. It is looking at this through a prosecutor’s and investigations, but we don’t want not driven by press conferences. It is lens, now all of the prosecutors in the to amend this bill right now because it not driven by photo ops. The prosecu- country can go after anyone who know- has to get to the President’s desk so tion of cases is driven by evidence. You ingly facilitates sex trafficking online. that we can get busy and get after this only get evidence after having a thor- I am not saying when it is by accident, crime and do what we need to do in ough and complete investigation, and and I am not saying when it has slipped this country in order to hold the people it has to be in-depth. through and they don’t know it; I am accountable who are profiting off the I know that Senator PORTMAN will talking about to knowingly facilitate, backs of people who sell children for relate to this. Can you imagine, when which is what backpage was doing. sex. backpage said, ‘‘We don’t want to talk Once we got all of its documents, we I thank the Presiding Officer, and I to you,’’ if we had said, ‘‘OK. That is learned it was knowingly facilitating thank my colleague Senator PORTMAN fine’’? Can you imagine, when sex trafficking on its web page. for all of his work and cooperation on backpage said, ‘‘We refuse to be inter- Not only can individuals walk in the this issue. viewed,’’ if we had just said, ‘‘OK. No courthouse and get a moment of justice I yield the floor. problem. We don’t have any evidence of through civil action, but now attorneys Mr. PORTMAN. Madam President, I wrongdoing. Let’s just go on our way’’? general can take civil action, even in thank Senator MCCASKILL. She is abso- Instead, when we were confronted Federal court, against these websites. lutely right. We are grateful to the en- with their stubborn unwillingness to Most importantly, where most crime is tire Senate for jumping in on this be- participate in a U.S. Senate investiga- prosecuted in this country, they can go cause we would not have gotten to the tion, we did what was necessary to hold after these folks. bottom of this without our having got- them accountable, and it involved the I don’t think most Americans real- ten the Senate to decide for the first cooperation of the entire Senate. Once ize—I know a lot of Missourians don’t time in 21 years this question: Are we they rebuffed our subpoenas and re- realize—that upwards of 90 percent of going to enforce the subpoena or not? fused to show up, and once they said, the crime that is prosecuted in this People stepped up. As a result, through ‘‘No, we don’t have to give you any- country is done by local prosecutors. the court system and with the sanction thing because of the current law as it FBI agents don’t answer 9–1–1 calls. of criminal liability as a possibility, we relates to section 230’’ and we said, FBI agents get to pick where they in- were able to get these folks to come ‘‘No, that is not true,’’ we got the en- vestigate. U.S. attorneys get to choose forward and provide this information. tire U.S. Senate to back us up—every which cases they take. Local prosecu- They never really testified. They single Member. tors do not. They take everything. came forward, and they claimed their I don’t know how unusual it is in this They have to go after every crime that Fifth Amendment rights, but at least day and age to have zero on one side of is committed in their jurisdictions. we were able to get 1 million pages of the ledger in the U.S. Senate. I don’t There may be concurrent Federal juris- documents—1 million pages. Then we know about Senator PORTMAN, but I diction, and they may work with the sifted through 1 million pages of docu- have seen it very few times. Now, there Federal Government on a bank robbery ments to discover, lo and behold, that is usually one or two who hang out or maybe on a murder when the body is these people actually knew what they there for some reason or another, no moved across a State line. Yet I don’t were doing. In fact, they were altering matter how uncontroversial a piece of think most Americans realize that for ads. They would get an ad from some- legislation is. Yet, in this instance, we most crimes in this country, the Fed- body who was selling an underaged got everybody. Everybody who voted eral Government doesn’t even have ju- girl. The ad would read something like said: Yes, let’s take backpage to court risdiction. The Federal Government ‘‘schoolgirl’’ or ‘‘cheerleader’’ or and assert our ability under the Con- cannot prosecute a rape case anywhere ‘‘young girl.’’ They would then edit stitution and the law to investigate. except in the District of Columbia or a that ad to take out those words that We took them all the way to the Su- territory. That is all done by State and would indicate what was going on, and preme Court, and we won that case. local prosecutors. they knew it was going on. Then they What happened after that is really The most important part of this bill would place the ad anyway. In other important for people to understand be- to someone who is deeply steeped in words, they would make the money, cause there were lots of folks around local prosecutions is the tool it gives make the profit, knowing that they the country who were trying to get at our frontline of law enforcement in were selling an underaged girl online. backpage’s conduct, but it was able to this country—the people who answer They were also destroying the evidence use this law to protect itself. There the 9–1–1 calls, the people who respond that, later, law enforcement could use were two things we did that were very to the emergency room when a young, in going after these people. important for prosecutors after our in- 15-year-old girl wanders in, like she did This is evil, and this has been hap- vestigation. in St. Louis, saying she had been traf- pening. We have heard the stories. We The first thing we did was to send the ficked up and down the interstate and have talked about Yvonne Ambrose. whole file over to the Department of was coming to the emergency room for We have talked about Kubiiki Pride. Justice for referral. It sits there now— help. It was not the FBI that re- We have talked about Nacole S. We all of the information we have about sponded. It would have been the local have talked about some of these moth- backpage—at the Department of Jus- police who had responded to that emer- ers and their daughters who have gone tice, and I am hopeful that it is using gency room to find out what the facts through this horrific situation. You that information and all of the docu- had been and who had determined how also heard earlier about Desiree. This mentation we were able to obtain to to go forward. This is a new tool in the was the 16-year-old who was being sold pursue bad acts and criminal violations toolbox of the frontline of criminal on backpage, and on Christmas Eve, by backpage. prosecutions in this country, and I am she was murdered. Imagine getting The other thing we did with the vote so proud to have been a part of it. that call as a parent. of the Senate and the cooperation of I know there are going to be some We have talked before about the tes- the Senate is to open up our files to amendments offered. I am confident timony we received in the committee any prosecutor or attorney general in they will be voted down. By the way, with regard to the 14-year-old girl who the country. I would certainly call on everyone wants to support more re- had gone missing. Kubiiki Pride is her the attorneys general of this country sources for this. So in an effort to try mom. Kubiiki Pride said she had been

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They have all said: Con- their associations agrees with us, as do ter but her horror in seeing the explicit gress, step forward. They have not just the victims groups, as do the groups sexual photographs of a 14-year-old invited us to do it; they have welcomed who are concerned about the effect of who was being sold for sex. us to pass this legislation to give these trafficking on girls, women, and boys She did what you would do as a mom. families the justice they deserve and to online. So we are together on this with She called backpage immediately and give our prosecutors the ability to go all the outside groups. said: I found my daughter on your after them. website. She is 14 years old. Thank you One thing that I hope has been made The second amendment is going to be for taking down that ad and helping me clear from the other comments we have asking for additional Department of to connect with my daughter. heard today is that one of the impor- Justice resources specifically to com- The answer from backpage.com was tant parts of this legislation is to sim- bat online trafficking. I support fund- this: You didn’t pay for the ad. We will ply allow these local prosecutors we ing to investigate and prosecute traf- not take it down. talked about earlier to take these cases fickers, of course, but we have to ap- Again, talk about evil. Think of the while using the Federal standard rath- propriate that funding in the proper heartbreak. er than just relying on the Department manner. This amendment would be Then, later, when she was reunited of Justice. subject to a budget point of order be- with her daughter, she was one of those Having said that, sifting through cause it is not going through the right brave moms and her daughter was one those 1 million pages, our report, with process. The right process is the bill we of those brave victims who said: Do all the documents we received, you can are taking up the day after tomorrow, you know what, we are going to file a go online to see this at the Permanent which will be the spending bill. lawsuit and go public with this and Subcommittee on Investigations, PSI. In fact, there are three budget points talk about our experience—the trauma We did provide this to the Justice De- that this young, 14-year-old girl had partment. We did provide this to the of order that the Committee on Budget gone through in having been repeatedly prosecutors around the country who in the U.S. Senate has found against raped by older men—and we are going were interested. We did provide it to this amendment. This amendment is to hold these websites accountable. others who are pursuing lawsuits so subject to points of order. Every law Do you know what happened? enforcement group in the country op- The court system said: I am sorry. they have information now that they never had before, but we also need to poses the amendment because as law Under a Federal law that was passed by enforcement said, it is a poison pill the Congress—a 21-year-old law—this change the law, and that is what we are about to do today. that is dead on arrival if sent back to website is not culpable. It has a shield. the House. We have to defeat these It has an immunity. You heard from my colleagues about the amendments that are likely to be amendments in order to have this leg- That is why we are here today. islation move forward. I hope my col- Justice cannot always be seen, but offered. There are two amendments. leagues will all stick with us on that as its absence is felt, and the absence of The first amendment is one that is they stuck with us through this proc- justice is exactly what we are trying to going to be called a moderating amend- address here today. ment, meaning that if somebody is on ess of getting the information, coming You have heard from my colleagues, their website moderating the website, up with the right legislation, being and I appreciate all four of them for cleaning up the website, they should be sure we have the opportunity to take it speaking up and talking about their ex- given a good-faith acceptance. Let me to the floor and get it to a clean vote, periences and how we got to this point. just be clear. This amendment is a poi- get it to the President’s desk and get it We may hear from a couple of other son pill and will make it easier for signed, and starting in a couple of colleagues later today who were part of those sites that are involved in sex weeks to be able to make a difference helping us put together a sensible ap- trafficking to continue to do so. in the lives of the people we represent, proach that targeted this activity. Right now, under current law, there stopping the online trafficking that is Sure, we have freedom of the internet is a good-faith exception. There is a occurring and providing justice to on the one hand, but on the other hand, Good Samaritan exception under cur- those who are victims and survivors this is criminal activity that cannot rent law. We actually restate that in and ensuring that, indeed, justice can continue to go on here in America, in our legislation, to be absolutely clear, be served. this century, at this time. that if you are one of the good guys— One of my colleagues has joined us on Again, as we have learned, this is a website online—who wants to be sure the floor. Senator NELSON is the rank- where you see the increase in traf- your site is not going to have these ing Democrat on the Commerce Com- ficking. You not only hear this from girls being sold that we talked about mittee that took up this legislation the experts who give us their data that earlier, that you should be protected. and clarified some points in the legisla- show huge increases in trafficking re- However, this legislation, having re- tion. By the time he was done with it— ports, but you also hear it and feel it stated the Good Samaritan provision, and, by the way, he was a cosponsor of from the victims and the survivors also says that if you are one of the bad the legislation long before that—but by whom I have met with in Cleveland, in actors, you don’t have that protection. the time the Commerce Committee was Cincinnati, in Columbus, in Dayton, in The first amendment that is going to done clarifying the legislation, listen- Akron. They have told me the same be offered includes protections for ing to the testimony from both sides, story, which is: Yes, I was sold online. some of the bad actors. It purposely he received a unanimous vote in com- It is very efficient. strips the good-faith element, and I be- mittee. That doesn’t happen very One 9-year-old girl was sold online by lieve it would assist online sex traf- often, and I appreciate Senator NELSON her father. I first met her when she was fickers rather than hold them to ac- being on the floor today. More impor- almost 20 years old and had finally es- count. tantly, I appreciate his leadership on caped from the clutches of her own fa- For instance, if backpage or another the issue. ther. website filters for illegal content and, Think about that—backpage’s going as a result, learns that their site is Madam President, I ask unanimous from sporting event to sporting event being used for trafficking but ignores consent additional material be printed around the country and, online, one that activity, I think this amendment in the RECORD. being sold many times on a single would say that evidence could not be There being no objection, the mate- night with the efficiency of the inter- considered in a case against backpage. rial was ordered to be printed in the net. To me, that is wrong, and I hope the RECORD, as follows:

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CONGRESSIONAL RESEARCH SERVICE, damages and attorneys’ fees to benefit vic- facto]—including any law that aggravates a March 7, 2018. tims of violations of 18 U.S.C. ch. 77 (18 crime, or makes it greater than it was, when MEMORANDUM U.S.C. §§ 1581–1597) (relating to peonage, slav- committed—describes California’s statute as ery, and trafficking in persons, including long as those words are understood as Jus- To: Hon. ANN WAGNER. commercial sex trafficking), to allow state tice Chase understood them—i.e., as refer- From: American Law Division. attorneys general to bring civil actions on ring to a statute that inflicts punishments, Subject: Ex Post Facto Implications of the behalf of victims of commercial sex traf- where the party was not, by law, liable to Allow States and Victims to Fight On- ficking. any punishment. After (but not before) the line Sex Trafficking Act of 2017 (H.R. Section 7, which would establish a savings original statute of limitations had expired, a 1865), as Passed by the House of Rep- clause relating to pending federal and state party such as Stogner was not liable to any resentatives. criminal and civil litigation. punishment. California’s new statute there- This is in response to your request for an Section 4 of FOSTA addresses the scope of fore aggravated Stogner’s alleged crime, or analysis of the ex post facto implications of made it greater than it was, when com- the Allow States and Victims to Fight On- Section 230’s grants of civil and criminal im- munity. It reads: mitted, in the sense that, and to the extent line Sex Trafficking Act of 2017 (FOSTA) that, it inflicted punishment for past crimi- (H.R. 1865), as passed by the House of Rep- (a) In General.—Section 230(e) of the Com- nal conduct that (when the new law was en- resentatives in February, 2018. You expressed munications Act of 1934 (47 U.S.C. 230(e)) is acted) did not trigger such liability. particular interest in the ex post facto impli- amended by adding at the end the following: In Dobbert v. Florida, the Court considered cation of Section 4 as it relates to Section ‘‘(5) No effect on sex trafficking law.— a Florida statute that sought to revive the 230 of the Communications Act of 1934 (Sec- Nothing in this section (other than sub- death penalty. Dobbert had committed mur- tion 230) (47 U.S.C. § 230), originally enacted section (c)(2)(A)) shall be construed to im- der, then a capital offense, several months as part of the Communications Decency Act pair or limit— before the Court decided Furman v. Georgia, of 1996. ‘‘(A) any claim in a civil action brought which invalidated Georgia’s, and by implica- As discussed below, the Constitution’s Ex under section 1595 of title 18, United States tion Florida’s, procedures for determining Post Facto Clauses limit congressional and Code, if the conduct underlying the claim death sentences. After reinstating the death state authority to pass legislation that ap- constitutes a violation of section 1591 of that penalty with constitutionally valid proce- plies retroactively. Because Section title; dures, Florida prosecuted Dobbert, and sen- 230(e)(5)(B) and (C) would amend the Commu- ‘‘(B) any charge in a criminal prosecution tenced him to death. The Court found no ex nications Act to allow states to prosecute brought under State law if the conduct un- post facto violation. ‘‘The new statute sim- online facilitators of sex trafficking but derlying the charge would constitute a viola- ply altered the methods employed in deter- would not create any new federal crimes or tion of section 1591 of title 18, United States mining whether the death penalty was to be enhance the punishment for any existing fed- Code; or imposed; there was no change in the quan- eral crimes, the Ex Post Facto Clause does ‘‘(C) any charge in a criminal prosecution tum of punishment to the crime.’’ The Court not appear likely to bar Congress from mak- brought under State law if the conduct un- explained further: ing these amendments. In addition, Section derlying the charge would constitute a viola- Petitioner’s second ex post facto claim is 230(e)(5)(A), which amends Section 230 to tion of section 2421A of title 18, United based on the contention that at the time he allow civil causes of action under 18 U.S.C. States Code, and promotion or facilitation of murdered his children there was no death § 1595 for 18 U.S.C. § 1591 violations, does not prostitution is illegal in the jurisdiction penalty in effect in Florida. This is so, he appear to violate the Ex Post Facto, Due where the defendant’s promotion or facilita- contends, because, the earlier statute en- Process, and Takings Clauses. tion of prostitution was targeted. acted by the legislature was, after the time DISCUSSION (b) Effective Date.—The amendments made he acted, found by the Supreme Court of by this section shall take effect on the date Among other things, Section 230 of the Florida to be invalid under our decision in of the enactment of this Act, and the amend- Communications Act protects online pro- Furman v. Georgia, 408 U.S. 238 (1972). There- ment made by subsection (a) shall apply re- viders of internet services from being treated fore, argues petitioner, there was no valid gardless of whether the conduct alleged oc- as publishers of information provided by death penalty in effect in Florida as of the curred, or is alleged to have occurred, before, other entities. Section 230 states: ‘‘No pro- date of his actions. But this sophistic argu- on, or after such date of enactment. vider or user of an interactive computer ment mocks the substance of the Ex Post Section 4(b) clarifies that the Section 4(a) service shall be treated as the publisher or Facto Clause. Whether or not the old statute amendments apply retroactively, which speaker of any information provided by an- would, in the future, withstand constitu- raises the possibility of ex post facto issues. other information content provider.’’ Sec- tional attack, it clearly indicated Florida’s With respect to Congress, the Constitution tion 230 does not bar criminal prosecutions view of the severity of murder and of the de- provides that ‘‘No . . . ex post facto Law under federal law. gree of punishment which the legislature shall be passed,’’ and, with respect to the Courts have found Section 230 to prevent wished to impose upon murderers. The stat- states, the Constitution provides that ‘‘No states from enforcing state laws intended to ute was intended to provide maximum deter- State shall . . . pass any . . . ex post facto reduce sexual abuse of minors. For example, rence, and its existence on the statute books Law . . .’’ in 2012, a court found Section 230 to bar state provided fair warning as to the degree of cul- prosecution of an online classified adver- Proposed Section 230(e)(5)(B) and (C) pability which the State ascribed to the act tising service pursuant to a state law that Proposed Section 230(e)(5)(B) and (C) con- of murder . . . Here the existence of the stat- criminalized advertising commercial sexual cern state criminal prosecutions. Section 4 ute served as an operative fact to warn the abuse of a minor. Other courts have con- of FOSTA would amend existing federal law petitioner of the penalty which Florida strued Section 230 to immunize online classi- to remove impediments to criminal prosecu- would seek to impose on him if he were con- fied advertising services from civil liability. tion under state law as described in proposed victed of first-degree murder. This was suffi- Among other things, FOSTA is intended to Section 230(e)(5)(B) and (C). Strictly speak- cient compliance with the ex post facto pro- clarify that Section 230 of the Communica- ing, it would neither create new federal vision of the United States Constitution. tions Act does not protect providers and crimes nor enhance the punishment for ex- Because Section 230(e)(5)(B) revives the users of interactive computer services from isting federal crimes. Thus, on its face, it prospect of state prosecution for conduct federal and state criminal and civil laws re- would not appear to violate the Ex Post outlawed by 18 U.S.C. § 1591, it seems analo- lating to sexual exploitation of children or Facto Clause that binds Congress. Because gous to Dobbert and critically distinct from sex trafficking. The relevant substantive Section 4 does not contemplate state enact- Stogner. In Stogner, the defendant could not provisions FOSTA include: ment of retroactive legislation, it would not be prosecuted until the impediment was re- appear likely to violate the Ex Post Facto moved. Under proposed Section 230(e)(5)(B), Section 3 (proposed 18 U.S.C. § 2421A), defendants could be prosecuted before the which would proscribe ‘‘promotion or facili- Clause that applies to states. It is possible, however, that an argument could be made impediment’s removal if 18 U.S.C. § 1591 pro- tation of prostitution and reckless disregard scribed the underlying conduct. In Dobbert of sex trafficking,’’ authorize restitution, that allowing prosecution for parallel state offenses effectively enhances punishments and under proposed Section 230(e)(5)(B), the and provide a civil cause of action for the defendant knew beforehand that government victims of such an offense; for 18 U.S.C. § 1591 and proposed 18 U.S.C. § 2421A violations retroactively. authorities considered the underlying con- Section 4, which would amend Section 230, duct criminal and warranting punishment The Supreme Court has considered two ex to ‘‘ensur[e] [the] ability to enforce federal under the law. post facto cases that involved removing im- and state criminal and civil law relating to Proposed Section 230(e)(5)(C) is different sex trafficking’’; pediments to state prosecution and punish- because dual state and federal prosecutions Section 5, which would amend 18 U.S.C. ment—Stogner v. California and Dobbert v. would only occur after proposed 18 U.S.C. § 1591, which proscribes certain aspects of Florida. In Stogner, the Supreme Court § 2421A’s enactment and, consequently, any commercial sex trafficking of children or by found a California statute that attempted to conduct subject to revived state prosecution force, fraud, or coercion, by defining the revive expired statutes of limitations to vio- would not have been a federal crime when term ‘‘participation in a venture’’; late the Ex Post Clause. The Court stated: the conduct occurred. Section 6, which would amend 18 U.S.C. The second category [of Calder v. Bull’s in- However, Section 230(e)(5)(C) would create § 1595, which establishes a cause of action for ventory of statutes that violate ex post no new federal crime or enhance punishment

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PORTMAN, BLUMENTHAL, MCCAIN, from all walks of life and across all HEITKAMP, and myself—and now many Proposed Section 230(e)(5)(A) parts of the country are being forced Proposed Section 230(e)(5)(A) concerns civil others—would eliminate the safe har- into brutal slavery and unspeakable bor in law for sex traffickers, and it causes of action. Section 230(e)(5)(A) would crimes. remove Section 230 bars to causes of action would allow State attorneys general, I want to repeat that. I want Ameri- under 18 U.S.C. § 1595 and predicated on 18 other State and local prosecutors, and U.S.C. § 1591 (relating to commercial sex traf- cans to understand what is going on be- the victims themselves to go after the ficking) violations. Ex Post Facto Clauses hind the scenes. Women and children websites that knowingly provide a ordinarily do not apply to statutes providing are being forced into sex slavery in platform for sex trafficking. It would retroactive civil remedies. The Supreme modern-day America. It could very also make key changes to Federal Court has stated: ‘‘Because [the Court will] well happen to someone you know. criminal law to enable law enforce- ordinarily defer to the legislature’s stated We have continuing stories in our ment to better target websites. intent, only the clearest proof will suffice to history of what happened when slavery override legislative intent and transform was brought to the New World—first, The purpose of the legislation is sim- what has been denominated a civil remedy to Arabia, off the East Coast of Africa, ple. Let’s get it passed, get it signed into a criminal penalty.’’ Section 1595 ap- into law, and let all of these various pears to be remedial in contrast to the crimi- and then, of course, the European na- nal provisions in the same chapter of Title 18 tions later were going down with their law enforcement entities be able to do of the United States Code, including Section ship captains. The Portuguese actually their job. This legislation is an exten- 1591. ended up having the most slaves trans- sive bipartisan product by our congres- Retroactive civil remedial statutes raise ported to the New World by way of sional colleagues. It proves, once again, Due Process Clause and, occasionally, South America. The English and most what we ought to be doing around here Takings Clause concerns. The Court has not European nations got into the act of on almost everything, and yet we rare- presumed retroactivity in civil cases unless these unspeakable crimes, slave ships ly do. It proves, once again, that if you such legislative intent is clearly indicated. cross party lines and put things to- When legislation is explicitly retroactive, going down the west coast of Africa, the Court’s due process analysis generally is enslaving Africans themselves or by gether in a bipartisan way, you can more forgiving than its ex post facto anal- agreement with a particular tribe that tackle the important, lifesaving issues, ysis. The Court has stated: ‘‘Provided that would go out and capture members of such as this one, and we can get some- the retroactive application of a statute is an opposing tribe. thing done. Let’s show today that we supported by a legitimate legislative purpose We have heard, over and over, the un- can get something done that really furthered by rational means, judgments told stories of the inhumanity of stack- makes a difference to Americans. about the wisdom of such legislation remain within the exclusive province of the legisla- ing people body-to-body in the holds of It is a privilege for me to be involved tive and executive branches.’’ Section these slave ships. It finally took a civil in a bipartisan way with this legisla- 230(e)(5)(A) appears to have a legitimate leg- war to settle the issue. That was slav- tion and to have worked with our Com- islative purpose—to make facilitators of ery. That was slavery we opposed and merce Committee to get a unanimous commercial sex trafficking compensate its now all of our laws try to protect vote out of the committee. I hope this victims and, having a narrowly drawn cause against, but here in modern-day Amer- legislation is going to serve as a wake- of action, its means appear rational. ica, the same thing is happening, and it up call to the morally bankrupt In rare cases, retroactively imposing li- is happening because of the advances of ability on private parties raises Takings website operators: We are coming after Clause claims. The Court in a 5–4, plurality technology using the internet. If this is you. It seems like every day there are decision, Eastern Enterprises v. Apfel, found not a wake-up call, I simply don’t new ways that many bad actors are ex- it unconstitutional to require coal compa- know what is. ploiting internet content and data to nies to cover health care expenses of retired According to the human trafficking undermine society. miners whom they had employed before hotline, my State of Florida has con- Obviously, the internet has been exiting the coal industry. Four members of sistently ranked in the top five States magnificent for so many of us, but now the Court found the legislation violated the in human trafficking cases. Florida Takings Clause because it ‘‘imposes severe when technology advances, you have to was third in the country for the num- be on your guard about how new tech- retroactive liability on a limited class of ber of cases reported in 2016 and 2017, parties that could not have anticipated the nology is used for the bad operators. liability, and the extent of that liability is and that is just what we know about. It This bill is going to address that. We substantially disproportionate to the par- is just unacceptable, and it is wrong. can’t sit by idly any longer. We have to Tens of thousands of Americans, pre- ties’ experience.’’ Justice Thomas concurred, act today. but wrote separately to suggest revisiting dominantly women and children, are whether to apply the Ex Post Facto Clauses subjected to this horrific reality. You I yield the floor. in civil cases. Justice Kennedy concurred in can imagine the pain and the suffering The PRESIDING OFFICER. The ma- the judgment, but maintained that a Due they are subjected to. No one in the jority leader. Process standard provided a more appro- country should have to endure this priate analysis. The four dissenters agreed Mr. MCCONNELL. Madam President, that the Due Process Clause should control kind of forced slavery. No child or I ask unanimous consent that at 1:45 and that, accordingly, the legislation was woman in Florida, in America, should p.m., today, Senator WYDEN be recog- constitutional. It is not clear, however, that ever be trafficked for sex. To even con- nized for up to 60 minutes to offer and Section 230(e)(5)(A) would impose retro- template that should offend any per- debate concurrently his amendments actively the kind of massive, unanticipated son’s sense of decency and humanity. Nos. 2213 and 2212; that those be the civil liability at issue in Eastern The question before the Senate Enterprises. only amendments in order; and that today, thanks to the leadership of a following the use or yielding back of Mr. PORTMAN. I yield the floor. number of our colleagues is, Why that time, the Senate vote in relation The PRESIDING OFFICER. The Sen- aren’t we going to do everything we to the amendments in the order listed ator from Florida. can to stop these heinous crimes? with a 60-vote affirmative threshold re- Mr. NELSON. Madam President, I The bill we are considering on the quired for adoption of each amend- thank the Senator from Ohio for his Senate floor would help us shut down ment; finally, that following disposi- gracious comments. despicable websites that enable this sex tion of those amendments, the bill be I just simply want to say my part as trafficking. Don’t kid yourself. These read a third time and the Senate vote to why it is so important that we pass shady and these highly profitable on passage of the bill, as amended, if this legislation, because it is very obvi- website operators know full well how amended, without debate. ous that an untold number of women their sites are being used. What is and children in the United States are more, they are hiding behind a decades- The PRESIDING OFFICER. Is there being sold into sexual slavery via the old legal shield to immunize them- objection? internet, and we now have an oppor- selves from prosecution. We have to Without objection, it is so ordered.

VerDate Sep 11 2014 01:22 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.024 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1858 CONGRESSIONAL RECORD — SENATE March 21, 2018 OMNIBUS APPROPRIATIONS down, tax-and-spend scheme. No. The I think we all know there are many, Mr. MCCONNELL. Madam President, best way to help rural areas, small cit- many reasons why we need to deter the I am pleased to report that the appro- ies, and suburbs left behind by the use of internet resources by predators. priations package is currently being fi- Obama-era policies is to get the gov- The wisdom of this is pretty apparent nalized. I will have more to say once ernment’s foot off the brake and let the on its face. This legislation is for the the bill has been filed, but I am proud free enterprise system flourish. It is to protection of our children—the most to announce it will meet a number of make those communities attractive vulnerable among us. vitally important objectives. This in- places to do business, open new facili- I have an additional reason for urg- cludes the largest year-on-year in- ties, and create good-paying jobs. This ing the adoption of this legislation, and crease in funding for our servicemem- is exactly what tax reform does by de- that is the protection of Native women bers in 15 years, along with major steps ferring capital gains taxes on income and girls from predators. I have been forward for law enforcement and border that is invested in distressed areas that talking about the trafficking of Native security, for the fight against opioid receive this ‘‘opportunity zone’’ des- women and girls for as long as I have addiction, for our veterans, and for a ignation. been here in the Senate—now some 15 number of other priorities. As one estimate has it, three-quar- years. At first, the evidence was per- Madam President, before we take up ters of all the jobs created from 2010 to haps anecdotal. FBI agents who were that measure, the Senate has a very 2016 went to major metropolitan areas. familiar with trafficking patterns important piece of business to tackle. Only 3 percent went to rural America. would come to us, and they would say This afternoon we will vote on the This provision could help change that. that Alaska Native women were a high- anti-sex trafficking legislation we have I know there is a lot of excitement in ly desirable commodity. Even using been considering this week. I want to my State of Kentucky. From coal that terminology is just so offensive, thank Senator PORTMAN, who has country to farming communities and but that is how they were viewed—as a worked hard to advance this reform, everywhere in between, Obama-era desirable commodity for sex traf- and Chairman THUNE, for shepherding overregulation was holding our econ- ficking because they could be traf- it through the Commerce Committee. omy short of its full potential. These ficked either as White women or as Many of us have paid careful atten- opportunity zones offer a shot at real Asian women. tion to the scourge of child trafficking relief. According to the Cabinet for There is a body of evidence that when over the years. It has been a high-pri- Economic Development, Kentucky may many Alaska Native women or girls ority issue for me, for example, since designate as many as 144 new zones, left their villages to go into town or to before I arrived in the Senate. But as prioritizing growth in areas that need go to the city, they would literally be traffickers move their crimes from the it most. stalked by predators waiting to recruit street corner to the smartphone, the Or take West Virginia. As my friend them. We certainly see a prevalence of data tell us unambiguously that more Senator CAPITO recently noted, her sex trafficking in Covenant House, action is required. State understands the problem all too which is our youth homeless shelter. The legislation before us reforms a well. One recent study suggested that We have reports that one in four home- misused provision in a 1996 tele- West Virginia has the third highest less youth in Anchorage are victims of proportion of its population living in communications act, which currently sex trafficking, and 42 percent of them economically distressed communities. shields companies that facilitate and are Alaska Natives. profit from the disgusting exploitation Opportunity zones will make a dif- As I have been here in the Senate of women and children. ference to her State. Of course, so will over these years, the way these women Later today, my colleagues will have the rest of tax reform. and girls have been recruited, have A few weeks back, Senator CAPITO re- the opportunity to implement com- been trafficked, has changed. No longer ported that Worldwide Equipment in monsense reform with the potential to do you have the predators who are West Sulphur Springs plans to reinvest change vulnerable children’s lives for lurking, hanging out on the street cor- $8 million in its operations, including the better. ners, but it is the internet. Again, it is more than 1,000 employee bonuses—all I urge every one of us to vote to pass this powerful tool that is available to it. thanks to tax reform. I imagine West Virginians are quite do so much good that is now being used TAX REFORM glad that Senator CAPITO used her vote for a predatory purpose. While we don’t Now, Madam President, on a final to make tax reform a reality. It is a have the internet coverage in Alaska matter, we have been talking for shame their senior Senator didn’t fol- that you have in the big cities of the months about the ways tax reform is low suit. It is a shame that he and lower 48, the internet is used to recruit helping to jump-start the economy, every other Democrat tried to block it girls for sex trafficking all over, and I bolster family budgets, and make life from taking effect. Fortunately, this certainly had that confirmed in my better for millions of Americans. Just President and this Congress didn’t let last visit when I met with the FBI a few months in, many such stories that stop us. We accomplished tax re- agents in charge in Anchorage. have already made front-page news— form anyway because we are com- It wasn’t too many weeks ago that the tax reform bonuses, raises, and mitted to fighting for all Americans. the Senator from North Dakota, Ms. benefits for 4 million workers and The PRESIDING OFFICER (Mr. HEITKAMP, and I came to the floor to counting; the new investments and new TILLIS). The Senator from Alaska. talk about the urgency of addressing hiring from businesses large and small; Ms. MURKOWSKI. Mr. President, I the growing number of missing and the bigger paychecks for middle-class am pleased to be on the floor this murdered Native women in America. Americans as the IRS withholds less of morning to thank and to support my Senator HEITKAMP characterizes the their money. colleagues, Senator PORTMAN and Sen- problem as epidemic, and I agree with Other exciting parts of this once-in- ator NELSON, who have led the effort her. I do think it is an epidemic. Native a-generation reform aren’t receiving here before us, an effort that would end women are victims of violence in un- the attention they deserve. Today, for sex trafficking over the internet or cer- precedented proportions. Not all of example, is an initial deadline for tainly work to reduce it. these victims are trafficked, but some States to nominate areas they would As we think about the scourge that is are trafficked, and then they go miss- like to be designated as ‘‘opportunity brought upon our children through a ing. When their services are no longer zones.’’ This is thanks to a provision means and a way—we like to think of needed or they find themselves con- incorporated into tax reform through the internet as a powerful tool, but to trolled by a particularly violent pred- the unflagging dedication of our col- know that it can be a powerful tool ator, they never become ‘‘unmissing’’ league, Senator SCOTT. that truly is devastating to our chil- until their bodies may be coincidently The premise here is simple. The best dren and devastating to our families found, at which point they are finally way to breathe new life into struggling calls for action. So I am pleased to be regarded as murdered, gone. communities is not to invent some new able to join my colleagues today in I say today that there is an urgency Federal program; it isn’t to throw gov- urging passage of the sex trafficking to keep Native women and girls away ernment money into one more top- bill that we have before the Senate. from predators. While turning off the

VerDate Sep 11 2014 01:22 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.012 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 21, 2018 CONGRESSIONAL RECORD — SENATE S1859 internet on-ramp to recruitment may braska attorney general, Doug Peter- meanwhile websites like backpage.com not completely solve the problem, it is son, launched Demand An End, a public continue to sell and exploit people for a worthy effort in its own right. It is awareness campaign to stop child sex profit. one tool that we need to ratchet back. trafficking. This campaign aims to Between January 2013 and March We hear from the sponsor of this bill build on the momentum from legisla- 2015, backpage.com earned nearly 100 and from so many that enough is tive bill 298, passed by the Nebraska percent of its profits from adult adver- enough. It is no longer tolerable. It is unicameral, with significantly height- tisements. The internet is giving time we attack the problem of sex traf- ened penalties for those perpetuating criminals an avenue to commit these ficking at the source, and that means and profiting from human labor and crimes, and certain websites are know- doing all we can to make the internet sex trafficking. ingly facilitating their activities as a very inhospitable place for sex traf- While I was a member of Nebraska’s part of an organized network. fickers and those who enable the im- unicameral from 2005 to 2013, our State Compounding the issue, smartphones moral and disgusting trade of our fel- made several important legislative make it easier for traffickers to com- low human beings. strides to address key policies related plete transactions. I yield the floor. to human trafficking. According to the National Center for The PRESIDING OFFICER. The Sen- In 2005, the unicameral passed L.B. Missing & Exploited Children, reports ator from Nebraska. 111, which established the Missing Per- of online child sex trafficking sky- Mrs. FISCHER. Mr. President, I rise sons Clearinghouse in Nebraska. The rocketed by more than 800 percent be- today to discuss H.R. 1865, the anti- law created a centralized database with tween 2010 and 2015. Analysis of this human-trafficking legislation cur- information on individuals who went major increase showed that it is di- rently being considered here on the missing within our State. rectly correlated to the increased use Senate floor. Human trafficking is one Known as Jason’s Law for an Omaha of the internet to sell children for sex. of the fastest growing criminal enter- young man who went missing in 2001, In the months following Desiree’s prises in the world. More than 20 mil- L.B. 111 was an important advance- murder, a Chicago newspaper headline lion people in our Nation and around ment to ensure vital information shar- read: ‘‘Teen’s tragic death shows it’s the globe are affected by this modern- ing and to prevent the missing from be- business as usual at Backpage.com.’’ day form of slavery. coming anonymous. The internet can no longer be a place The criminals who carry out these Additionally, in 2012, the unicameral where the perpetrators of these atro- heinous acts often go after the vulner- passed the L.B. 1145 to increase pen- cious crimes can hide. It can no longer able, such as young people who have alties for human trafficking and estab- be business as usual, and that is where run away from home or are victims of lish a task force to examine issues in SESTA’s provisions come in. domestic violence. Women and girls are Nebraska pertaining to human traf- SESTA would ensure that section 230 disproportionately affected. According ficking, including its scope, possible of the Communications Decency Act to the International Labour Organiza- solutions, and how to assist trafficking cannot be used as an excuse anymore tion, 55 percent of total victims world- survivors. Most recently, I am proud to for websites that knowingly facilitate wide are women and girls. Tragically, have joined the ‘‘Demand an End’’ cam- sex trafficking. It also would give children are frequently targeted. paign and offer my support of AG Pe- State law enforcement clear authority The perpetrators trap their victims terson’s work on this front. to enforce criminal statutes against in unconscionable and violent situa- Now is the time to build on these col- websites. tions, forcing them to commit sexual lective efforts and be responsive at the I have been dismayed to hear about acts against their will. This practice Federal level to stop this evil. the obstacles State law enforcement occurs in nearly every area code. It is That brings me to the legislation be- has faced when attempting to pros- happening closer to home than we even fore us today, the Stop Enabling Sex ecute entities knowingly participating realize. A report published by Traffickers Act, or SESTA. I am grate- in trafficking activities online. Creighton University and the Women’s ful for the hard work of the Senator In its current form, section 230 pro- Fund of Omaha found that there are 900 from Ohio and the Senate Commerce tects websites and internet service pro- individuals for sale online every month Committee in making it possible for us viders from liability for content their in Nebraska—almost all of them fe- to be having this conversation today. users create. This has allowed websites male. Not only did this legislation pass com- that depend on user content, like Twit- Our government has a responsibility mittee, but it received a unanimous ter and YouTube, to flourish, but it has to stand up and do something to pro- vote. been misused to effectively provide im- tect women and children from exploi- Last fall, during the hearing of the punity for bad actors maintaining tation. Fighting the horrific scourge of Senate Commerce Committee, Ms. websites that facilitate sex trafficking. human trafficking is a priority for me, Yvonne Ambrose shared a heart- SESTA is critical to empowering sur- and it is a priority for the U.S. Senate. breaking story with our Members. She vivors, providing the legal tools needed In 2015, we passed the Justice for Vic- told us about her daughter Desiree. to seek and receive justice from all tims Trafficking Act, and it was signed Desiree was a wonderful young woman those involved in these monstrous into law. I was proud to be a cosponsor with much potential. She was a high crimes. As a cosponsor of SESTA, I of that legislation. The bill set up a schooler and a member of the Junior hope my colleagues will pass this mon- deficit-neutral fund to support traf- ROTC. She dreamed one day of becom- umental, bipartisan, and bicameral bill ficking victims. Through enhanced re- ing a doctor in the U.S. Air Force. to combat human trafficking today, porting and mechanisms to reduce de- Like so many teenagers, Desiree was and I urge my colleagues to vote mand, this law provides care for vic- on social media because she wanted to against amendments that would derail tims of trafficking and child pornog- connect with friends and make new this important and vital legislation. raphy. friends. By accident, Desiree suddenly Thank you. Importantly, the law also protects found herself in the shadows of the I yield the floor. victims in court by treating traffickers internet on a web page called Mr. SCHUMER. Mr. President, today as violent criminals. Labeling traf- backpage.com—a platform where men the Senate is voting to pass legislation fickers in this way means that convicts were able to find her, intimidate her, to crack down on bad actors who abuse can now be detained while awaiting ju- pressure her, and use her to make a the power and potential of the internet dicial proceedings. The Justice for Vic- profit. On Christmas Eve 2016, Desiree to prey upon the most vulnerable tims of Trafficking Act represents a was murdered gruesomely by a 32-year- among us in human trafficking rings. strong effort by Congress to stand old man who bought her services on- Websites like Backpage are repugnant, against human trafficking. line. and I applaud my colleagues on both I am proud that, at home, Nebras- Sadly, Desiree’s story is not unique. sides of the aisle for their work in hold- kans are also rallying together and The murky edges of the internet are ing these bad actors accountable. I also taking action to stop human traf- still enabling predators all over the applaud them for working to address ficking. This past January, the Ne- world to engage in sex trafficking, the legitimate concerns of good-faith

VerDate Sep 11 2014 01:22 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.013 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1860 CONGRESSIONAL RECORD — SENATE March 21, 2018 technology platforms that want to be One of those children was Desiree can make a difference, so no one else has to able to engage in responsible content Robinson of Chicago. When she was 16, ever endure this pain again. I’m asking you, moderation and take steps to affirma- Desiree ran away from home. A pimp the U.S. Senate, to amend Section 230 and be tively stop abuses of their sites. soon found her and sold her repeatedly the change you want to see in this world— I am pleased to support this legisla- not only for justice for Desiree, but for all of on Backpage. On Christmas Eve, the countless Jane Does out here and the tion because I believe it achieves the Desiree was taken to a garage to meet other little girls to come who don’t have a important balance between providing a a john. Hours later, she was found dead voice. mechanism to hold accountable sex in that garage. She had been raped and I urge my colleagues to support this traffickers while allowing free speech beaten, and her throat had been critical legislation. and innovation to continue to thrive. slashed. Mr. LEAHY. Mr. President, I am vot- Key to my support is my understanding Last year, Desiree’s mother, Yvonne ing for this legislation because, on bal- that this legislation would not allow Ambrose, testified before the Senate ance, I believe it will provide impor- nuisance lawsuits against technology Commerce Committee about her tant legal recourse to victims of sex companies—especially startups—based daughter’s tragic murder. She de- trafficking and will help hold account- on bogus claims that they ‘‘facilitate’’ scribed how her daughter was, quote, able those websites that seek to exploit sex trafficking. It is also important to ‘‘preyed on and sold online by pimps them. Protecting these victims should me that I believe the legislation as who took advantage of her.’’ She went be our top priority. written does preserve Good Samaritan on to say: There have been concerns raised that protections for platforms and website On . . . December 24th, 2016, Desiree, my this legislation may have an unin- operators who engage in good-faith baby, was brutally murdered and now my life tended—and harmful—impact on one of content moderation. Legitimate efforts is changed forever.... If there were stricter the key laws underpinning the free and to monitor for illegal content, shut rules in place for posting on these websites, open Internet. That key law is section down trafficking, or report suspected then my child would still be alive with me 230 of the Communications Decency trafficking to law enforcement should today. Act, CDA 230, which promotes free ex- not and cannot be the basis for liabil- The truth is [that] Backpage.com and pression and innovation by protecting ity under this legislation. other sites are making millions of dollars by exploiting our children and allowing them to online platforms from a range of laws Finally, I want to note that I have that might otherwise hold them un- heard concerns that this legislation be taken advantage of by predators. If we don’t speak up now, these websites will con- fairly accountable for everything their could be misused or abused to penalize tinue to profit off trafficking our babies. It individual users may say and do online. websites that promote important could be your child, your niece, your nephew, This law defends free speech online and health and safety information to sur- your cousins, your friend’s children next if has encouraged innovations ranging vivors of sex trafficking, including you don’t stop this. from the earliest online bulletin board about HIV prevention and treatment, Yvonne went on to urge the Senate systems to today’s platforms for social and provide access to community and to pass the Stop Enabling Sex Traf- media and user-generated video. With- peer support services. This information fickers Act, or SESTA. out the protections of CDA 230, the is particularly critical to the victims SESTA is a narrowly crafted bill that internet would be a very different place of sex trafficking and others who face would ensure that Section 230 of the today. high rates of violence and exploitation, Communications Decency Act does not Today’s legislation amends CDA 230 like people who use drugs, people of provide legal immunity to websites by, among other things, prohibiting color, and LGBTQ people. I believe the like Backpage that knowingly facili- construing that law to limit Federal or use of this legislation to create any li- tate sex trafficking. For years, State civil liability for conduct that ability for this important work would Backpage and others have successfully involves ‘‘knowingly assisting, sup- be an impermissible misreading of the exploited this loophole and avoided porting, or facilitating a violation of’’ statutory language and legislative in- legal liability, despite hosting adver- Federal child sex trafficking laws. tent. tisements for the sale of sex acts with Mr. DURBIN. Mr. President, millions Clearly, CDA 230 was never intended to young victims of trafficking. Their of men, women, and children across the be a shield to protect child sex traf- ability to hide behind this reprehen- world are victims of human traf- fickers, and it should not, but there is sible defense will come to an end with ficking. But it is not a problem that concern this legislation could poten- the passage of this bill. stops at our shores. tially open up providers and websites Eight years ago, I held a hearing in SESTA was incorporated into House who operate in good faith to new liabil- the Subcommittee on Human Rights companion legislation called the Allow ity risks for what their users say or do, and the Law entitled, ‘‘In Our Own States and Victims to Fight Online Sex which could harm free expression. Also, Backyard: Child Prostitution and Sex Trafficking Act, or FOSTA. The House the threat of this liability will fall es- Trafficking in the United States’’ to overwhelmingly passed this bipartisan, pecially hard on smaller platforms that raise awareness about this problem. compromise legislation last month, in have fewer resources to fight lawsuits, Sadly, not much has changed since a 388 to 25 vote. even ones without merit, which could then. The National Center for Missing The combined legislation will ensure harm innovation. and Exploited Children receives about that victims and survivors of sex traf- As a result, I do not take amend- 9,000 to 10,000 reports of suspected child ficking can seek justice against ments to this core protection for free sex trafficking each year. It estimates websites that knowingly facilitated the expression and innovation online light- that more than 80 percent of the traf- crimes against them. It would also en- ly. I am voting in favor of today’s leg- ficking incidents have occurred online. able state law enforcement officials— islation because we must balance those The worst offender is the website not just the Federal Department of possible risks against the very real Backpage.com, which the National As- Justice—to take action against indi- scourge this legislation will forcefully sociation of Attorneys General has viduals or businesses that violate fed- combat: sex trafficking, including traf- called a ‘‘hub’’ of human trafficking. eral sex trafficking laws. ficking of underage youth. Just earlier The U.S. Senate’s Permanent Sub- The bill has been endorsed by major this week, Senators COLLINS, committee on Investigations spent 2 anti-trafficking groups, law enforce- HEITKAMP, and I reintroduced our bi- years looking into sex trafficking and ment organizations, and numerous partisan bill to curb youth homeless- its facilitation online. After a thorough technology companies. ness and support young victims of traf- inquiry, the subcommittee found that We need to protect victims of traf- ficking, the Runaway and Homeless more than 93 percent of Backpage’s ad ficking, and we need to hold websites Youth and Trafficking Prevention Act. revenue in 2011 came from its so-called like Backpage accountable for their ex- This is an issue I have long been com- ‘‘adult’’ section, with projected rev- ploitative, criminal actions. As we pre- mitted to addressing. Today’s legisla- enue reaching nearly $250 million by pare to vote on this bill, consider tion represents a step in the right di- 2019. However, ‘‘adult section’’ is really Yvonne Ambrose’s plea: rection, and I will support it. a misnomer—many of Backpage’s ads I would not wish this pain and hurt on my Mr. GRASSLEY. Mr. President, I rise were designed to sell children for sex. worst enemy. And I pray that Desiree’s life today to express my strong support for

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Lastly, the measure Senate but more importantly in my crime. promotes coordination among and data life. I have grown with them and cer- This bill originally was introduced in collection by the Federal agencies that tainly because of them; of course, my this Chamber by Senator PORTMAN, and are tasked with helping human traf- sister Terrie; wonderful parents, who I I salute him for his leadership on the ficking victims and bringing the per- am blessed to have around today; and issue of online sex trafficking. petrators to justice. my grandparents who are not. They in- Last year, I joined dozens of my Sen- The Abolish Human Trafficking Act, stilled in me the values of family, ate colleagues as a cosponsor of this which I joined Senator CORNYN in in- faith, patriotism, respect for others, measure after working with the Com- troducing, ensures that victims will re- and a work ethic that has guided me merce Committee on the title 18 lan- ceive restitution, authorizes funding of throughout my life. guage in this legislation. investigations, and enhances penalties Finally, I would be remiss if I did not take this opportunity to pay special Senator PORTMAN, who chairs the imposed for trafficking offenses, in- tribute to my mentor and former Sen- Senate Permanent Subcommittee on cluding sexual exploitation or abuse, ator whose seat I now hold—the late Investigations, introduced the earliest sex trafficking of children, and repeat Howell Heflin of Alabama. He was a re- version of this legislation after his sub- convictions for transportation for il- markable man whose large, lumbering committee produced a bipartisan re- licit sexual activity. frame and southern drawl would often port exploring the link between We currently are working with the mask his amazing intellect. His com- Backpage and online sex trafficking. other Chamber on a package that passion and sense of justice for his fel- Entitled ‘‘Backpage.com’s Knowing Fa- would include these two bills, a related low man forged a path for myself and cilitation of Online Sex Trafficking,’’ measure introduced by Senator so many others who worked for him that report was the result of nearly 2 CORKER, and the House-passed version over the years. years of investigation by the sub- of legislation to renew and extend the He came to the Senate in 1979, at a committee’s investigative staff. I en- Trafficking Victims Protection Act. time when bipartisanship was more courage my colleagues to review the Sending this package of four bills and than just a campaign slogan or a sound Senate report, which is posted on the Senator PORTMAN’s online sex traf- bite. In those days, when Senators subcommittee’s website. ficking bill to President Trump for his spoke of bipartisanship, they truly It makes a very strong case for up- signature sends a very strong message meant it. They would never com- dating the Communications Decency to human traffickers that we will not promise principles but would com- Act and title 18 of the U.S. Code to pro- tolerate the scourge of human traf- promise with their colleagues on the tect children as the bill before us pro- ficking in the United States. serious issues of the day in order to poses. I close by calling on my colleague to move this country forward. I, too, have made ending human traf- support the immediate passage of H.R. By the time he left the Senate in ficking a top priority as chairman of 1865 without any weakening amend- 1997, Senator Heflin sensed a change in the Senate Judiciary Committee. One ments. the political climate, and he was con- of the first major bills our committee The PRESIDING OFFICER. The Sen- cerned about it. In a parting essay he produced in the 114th Congress, under ator from Alabama. wrote: my leadership, was the Justice for Vic- GUN VIOLENCE Our Constitution itself came about tims of Trafficking Act. It established Mr. JONES. Mr. President, first, let through a great series of compromises; it a new fund, comprised of assessments me begin by expressing how honored was not written by ideologues who clung to imposed on convicted offenders, to pro- and humbled I am to be a Member of ‘‘their way or no.’’ Compromise and negotia- vide resources to serve victims of tion—the hallmarks of moderation—aimed this body and to represent the great at achieving moderate, centrist policies for human trafficking. It also equipped State of Alabama. our country, should not be viewed as nega- prosecutors with new tools to fight the Fresh out of law school in 1979, I tives. heinous crime of human trafficking. began my career right here, working as This leads me to the reason I rise Senator CORNYN introduced that bill, staff counsel to Senator Howell Heflin today. I want to speak about an issue and I was a cosponsor. on the Judiciary Committee. From that has evaded the broad bipartisan Last year, I sponsored legislation to when I served as a staffer, there are discussions and moderation that Sen- extend the key programs authorized only three Members of the Senate who ator Heflin spoke of. Instead, it seems under the Trafficking Victims Protec- continue to serve today—Senator to have been an issue where folks tion Act. Our committee cleared this LEAHY, Senator HATCH, and Senator quickly take sides and often criticize bill and a related measure that Senator COCHRAN. Two of those three, Senators those with whom they disagree. CORNYN introduced known as ‘‘Abolish HATCH and COCHRAN, will be retiring It is time that we have a serious, Human Trafficking Act’’ in 2017. The this year—Senator COCHRAN, in just pragmatic, and practical discussion— Senate passed both bills without a sin- over a week—and a grateful nation not a debate or negotiation but a dia- gle dissenting vote last September. thanks them for their service. logue on the steps that we can take to These two bills would extend the au- For me, personally, I am honored to reduce the harm caused by gun vio- thorization for a number of the victim- have come full circle with them, from lence in this country. centered programs that Congress estab- a young staffer to a junior colleague, I know with just those words, people lished years ago as part of the original and I wish them well in their life after across this country may have already Trafficking Victims Protection Act. the Senate. started reaching for their phones to They also include provisions to pro- I thank my colleagues on both sides start tweeting or posting without an- mote greater education and awareness of the aisle for welcoming me to this other word and without knowing where of human trafficking in the United body, many of whom are here with me I might stand on this issue. That just States. today, braving the wintery weather seems to be the way it is in America For example, the Senate-passed Traf- outside. Thank you for your friendship, these days, which is so unfortunate, be- ficking Victims Protection Act of 2017, your advice, and your willingness to in- cause once you take a side, it is hard to which I introduced, calls for training of clude me and my staff in the great come off. judges, school personnel, and Federal work you are doing. In the wake of yet another mass investigators so that they can better I particularly want to thank my sen- shooting and the rising voices of young identify and respond to human traf- ior colleague from Alabama, Senator people across the country, it is our re- ficking victims. It would authorize the SHELBY, and his staff. I appreciate sponsibility and our duty to have a se- U.S. Secret Service to offer investiga- their graciousness and patience in rious discussion about guns and gun

VerDate Sep 11 2014 01:22 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.018 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1862 CONGRESSIONAL RECORD — SENATE March 21, 2018 safety, but that conversation has to be We fail the abused women, men, and tist Church in Birmingham exploded, twofold. We must acknowledge the children of our society when we let our killing four beautiful young girls. I deadly consequences that can follow family and relationship problems lead wish I could turn back time and do when a gun is in the wrong hands but to a murder. something that would have prevented also recognize and respect the freedom We fail parishioners in church, em- it altogether. Had I or anyone else, at to own and enjoy guns by law-abiding ployees at work, and concert and the- that moment, it might very well be one citizens, as guaranteed by the Second ater goers when they are caught off of those young girls giving this speech Amendment of the Constitution. Those guard by a hail of bullets from a dis- today and not me. two concepts are not mutually exclu- turbed individual. I stand in that moment now, and so sive. We fail those who are simply in the do you, and so does our country. Before I jump into the actions I be- wrong place at the wrong time when I believe we have finally reached a lieve we can take today, I want to go street violence breaks out and a stray tipping point regarding gun violence back and explain a little bit about bullet takes an innocent life. now—not because of the shooting in where I come from. We fail veterans and others in society Parkland, FL, but thanks to the mil- Growing up in Alabama, I learned to suffering from depression and post- lions of young voices across this coun- shoot from my father and grandfather. traumatic stress and other mental dis- try, led by students at Marjory I was not much of a hunter in my orders who decide that life is simply Stoneman Douglas High School. youth, but whether it was cans or bot- not worth living. Much like the students who took to tles on a tree log or the occasional We fail people of every walk of life, of the streets of Birmingham in 1963, who skeet, we simply enjoyed shooting and every age, and in every corner of this were attacked by firehoses and police always had a few guns in the house. country, every day. dogs, who awoke the conscience of The distinction between a hunter and Gun deaths continue to rise. In 2016, America to civil rights, these young someone who just enjoys guns and over 38,000 people died in this country men and women are awakening the shooting is significant. because of gunfire. Almost 15,000 of conscience of America regarding gun To this day, I still have my father’s those deaths were homicides. Almost violence. I am pleased that one of those old .22 rifle, my grandfather’s pistol 23,000 were suicides—epidemic-type young men, Alfonso Calderon, of Mar- that he gave me, and a couple of rifles numbers—and nearly 500 were acci- jory Stoneman Douglas High School, is and shotguns I got as presents as a kid, dental. with me here as my guest in the Gal- but my interest in hunting began to We have failed in Alabama, too. In lery today. grow when my youngest son Chris- the last few weeks, we lost a police of- We could spend days in this Chamber topher was born, 20 years ago this past ficer in Mobile who was shot and killed debating the meaning of the Second Monday. At an early age, he was fas- when responding to a domestic dispute. Amendment. We could let our Nation cinated with guns and hunting, so with We lost a 1-year-old boy who was acci- further divide itself while more lives my wife’s blessing, I took up the sport dentally shot in the back by his 2-year- are lost. We can fret about what people so he could learn gun safety and con- old brother with their parents’ gun. We servation from me. Today I think I am are saying about us on social media or lost a beautiful, young 17-year-old girl more passionate about it than he is. whether we might lose campaign con- I consider myself an avid hunter— who was about to head off to college tributions. We can again choose the deer, turkey, quail, whatever the sea- because one of her classmates brought path of inaction in the face of yet an- son might be in Alabama. With the a gun to school and he was showing it other mass shooting and expect dif- campaign last year and transition into off when it was accidentally fired. ferent results, or we can take another this office, this past deer season was We lost a dedicated nurse at UAB path. somewhat of a bust for me, but with Highlands Hospital when a disgruntled Let’s find what we can agree on, act the start of turkey season, I am anx- former employee showed up at the hos- on it, and begin to make our country a ious to get back into the woods. pital and opened fire. safer place. We can be reasonable here Frankly, I also enjoy guns. I enjoy Just yesterday, as I was finalizing because we all want the same thing—a shooting them. I like how they are these remarks, I learned that a former safer country, a safer world. made, the power, and their history. I client of mine was shot and killed by At its core, the Second Amendment own many of them, all stored in a his girlfriend’s brother as he was pick- was an effort to protect Americans. Let locked gun safe that, quite frankly, is ing up his 3-month-old baby from a us do the same. larger than what my wife initially ap- visit. But in order to do that, we need to proved of a number of years ago. Col- The list could go on. Similar trage- build more trust in this body and en- lecting them and shooting them at the dies take place every week in every one courage camaraderie. More impor- range or hunting is a bond I share with of our States. tantly, we need to fundamentally my son Christopher and with many of These stories don’t grab national change the way we talk about difficult my friends. headlines, but they are examples of the issues in our country and set an exam- So while I know that guns and gun gun violence that has become common- ple for our fellow Americans to follow control are difficult issues in this coun- place in our communities. and to dial down the rhetoric. try, I can tell you they are complicated In 2016, Alabama had the second Remember that ‘‘for every action for me, too, but as a U.S. Senator highest rate of gun deaths in the Na- there is an equal and opposite reac- today, a Member of the legislative tion. That means that 1,046 Alabamans tion’’ is not just one of Newton’s laws branch of government, I have many ob- were killed by gun violence that year. of motion, but it is also one of political ligations, and I believe the first obliga- Worse yet, our gun deaths increased by rhetoric. Extreme views promote equal tion of government is to protect its a staggering 34 percent between 2005 but opposite extreme views. citizens. and 2016. For those who want more gun re- We spend unimaginable amounts of As a former prosecutor, I worked strictions instead of focusing your en- money fighting our enemies abroad and closely with law enforcement. I have ergy on banning a certain weapon— terrorists who would attack us at seen firsthand what weapons in the which, frankly, as a practical matter, home. Yet, on many levels, we fail our wrong hands can do to families, com- just simply cannot pass this Congress— children and grandchildren every munities, and society. When I was a focus instead on efforts to keep those morning when we pack their backpacks U.S. attorney, we had a program called weapons and others out of the hands of and send them into harm’s way or Isolating the Criminal Element, and we those who would do us harm. You can’t when they pick up what they think is tried to crack down on illegal weapons simply demonize the NRA and pro-gun a toy or a really cool weapon that they in our communities. groups. have seen on television or in the mov- As most of you know, my career has While I know that these groups some- ies and it turns out to be a killing ma- been defined by prosecuting the killers times take what many, including me, chine that they should have never had of children. It was September 15, 1963, consider extreme positions, they also access to and don’t know how to han- when a bomb placed outside the ladies’ represent millions of law-abiding gun dle. lounge window of the 16th Street Bap- owners who are concerned that their

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It may be afraid of studies on how to reduce stock transactions or cutting taxes. be inconvenient, but it will save lives. the number of gun deaths in this coun- To those who would seek to maintain With universal background checks, try. the status quo, like the NRA or anyone however, I would also suggest a couple We can do more to stop mental else, please stop using scare tactics to of companion measures. For instance, health issues from turning dangerous try and convince law-abiding gun own- in my view, it is entirely appropriate by allowing law enforcement or family ers that the Federal Government is for a family member to sell or give a members to seek a court order when an hell-bent on taking their guns away. gun to another close family member, as individual poses an extreme danger to That is simply not going to happen and they should be presumed to know themselves or others and prevent them everyone knows it. whether their relative is prohibited from getting access to firearms. Sen- We also need to get past the idea that from having a gun. ators FEINSTEIN, BLUMENTHAL, and more guns in society will make us all We can consider other exceptions for GRAHAM have all proposed versions of safer. The statistics and the data sim- those who can produce a valid con- the extreme risk laws. ply do not support that. We don’t need cealed carry permit or between law en- For too long, gridlock and partisan- guns in the hands of schoolteachers. forcement officers. But in carving out ship have stood in the way of com- Simply having more ‘‘good guys with those exceptions, we should also in- promise. But I didn’t come here to do guns’’ is not a solution. Americans just crease both civil and criminal penalties nothing, and I don’t think any of you simply do not want to return to the for anyone who knowingly transfers a did, either. days of the Wild West. gun to a prohibited person and provide Today we face a difficult problem but This topic, like so many others, has the necessary funds to the Department not an insurmountable one. To find so- become a space that is less about hav- of Justice to prosecute those individ- lutions, we must demand courage of ing a thoughtful conversation and in- uals when appropriate. ourselves and one another. stead has evolved into a clash of cul- We can also take steps to deter pro- As history has shown, we face greater tures. As leaders, we must reject the hibited individuals from even trying to consequences with inaction—certainly ‘‘us against them’’ mentality because, purchase a gun. Senator TOOMEY’s greater consequences with inaction on ultimately, we are all Americans who NICS Denial Notification Act would gun violence. are united by a common bond of shared allow reporting to State and local au- So I have asked all of us to consider values and love of country. thorities when someone has tried to this question: What is our collective There will always be forces that seek purchase a gun and has been denied, legacy as representatives of the Amer- to sow division and discord. Our chal- and it would require DOJ to report to ican people and the Members of this lenge and our mission are to prevent Congress on such prosecutions. To his hallowed institution? I believe it is to them from succeeding. credit, Attorney General Sessions has leave this body and our country better We can seize this moment by chang- announced that the DOJ will vigor- than we found it. We can only do that ing the conversation in our country. ously prosecute those who make false if we rise together to confront the un- Let’s start a productive dialogue and statements in connection with their known. work toward a comprehensive bill that background checks. We should ensure I have given talks all over the coun- includes ideas that we should be able to that he has the resources to do so. try about the prosecutions of the 16th agree on. There are already a half We should close the so-called Street Baptist Church bombing, and I dozen proposals in this body that have Charleston loophole, as proposed by am always reminded of a passage from bipartisan support. My friend from Senator BLUMENTHAL. This loophole al- the poem ‘‘The Cure at Troy,’’ which Connecticut, Senator MURPHY, outlined lows a purchaser to receive a firearm was written by the Irish poet Seamus them just the other day, but they bear after 3 days, regardless of whether Haney as a tribute to Nelson Mandela. repeating here. their background check has been com- My friend Vice President Biden often Ban bump stocks and make it a pleted or not. We can create certain ex- quotes this passage, where Haney crime to possess and manufacture ceptions for concealed carry permit wrote: them, as Senator FEINSTEIN has pro- holders and others, but no one should History says, don’t hope on this side of the posed. The President and the Depart- be allowed to take possession of a fire- grave. But then, once in a lifetime the ment of Justice should be commended arm until they have cleared a back- longed-for tidal wave of justice can rise up, for taking the first steps through regu- ground check. and hope and history rhyme. lation, but the Senate of the United Current law prohibits a firearms With the convictions of two former States of America should go on record dealer from selling a pistol to anyone Klansmen for the murder of those four about this deadly accessory. under the age of 21. That has been the young girls, the longed-for tidal wave We should pass the Fix NICS legisla- law for many years, without any real of justice rose up, and hope and history tion proposed by Senators CORNYN and challenge. The same logic behind this rhymed in Birmingham, AL. MURPHY. The NICS system is only as prohibition should apply to the sales of For me, and I hope for you, when I good as the data that goes into it. pistols and semiautomatic weapons to walk the halls of the Senate Office Their bill would block bonus pay for those under the age of 21. Buildings and I come through those political appointees who fail to upload Senator KLOBUCHAR has filed a badly double doors onto the Senate floor, I records to the NCIS system and reward needed piece of legislation to expand realize that every day we, as a collec- States that follow the uploading plan. the definition of domestic violence to tive body, have that same opportunity. It would create a ‘‘domestic abuse and include dating partners and eliminate Whether it is for Dreamers or voting violence prevention program’’ to give the ‘‘boyfriend’’ loophole that allows rights or victims of sex trafficking or, States the ability to share information certain dangerous individuals to access in this case, our children who are de- to prevent someone convicted of a do- guns and evade laws meant to protect manding action on gun violence, we mestic violence crime from purchasing domestic violence victims. have the opportunity to build that a gun. Fix NICS is a good start toward We can implement at least a 3-day tidal wave of justice and have hope and overhauling our background check sys- waiting period for the purchase of any history align. But we have to have the tem and, as Senator MURPHY said the pistol or semiautomatic weapon, and courage to seize the moment. other day, it is a good base bill on we can increase penalties for those who I don’t have all the answers on how which to build. steal firearms. States that have imple- to do it, but I am willing to work with But, frankly, we have to do more on mented waiting periods have seen sig- each and every one of you to find them background checks. We have to require nificant decreases in suicides. because that is why we were sent background checks on all gun sales, We can also repeal the Dickey here—to find those answers, so that the whether it is at a gun show or over the amendment and open the door for new tidal wave of justice will rise up.

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Mr. President, I wish We cannot allow our children, wheth- ents back home in Alaska and Ameri- to join my bipartisan group of col- er in Alaska or across the country, to cans throughout the country—they are leagues who have been coming to the be lured into this kind of Hell—and the always hearing about conflict and how floor to talk about the very important more we hear in terms of testimony, there is no progress in the Senate. We bill that we are debating and are going the more we recognize that what is have some difficult issues; there is no to be voting on here in about an hour; going on over the internet in this area doubt about it. But on a lot of issues that is, to help protect our children all is Hell mostly for the youth of Amer- there has been bipartisan progress, and across this country from the horrible ica. in this area of human trafficking, there scourge of human trafficking and sex Our children should not be sold on- has been significant bipartisan trafficking. The Stop Enabling Sex line or anywhere else. Unfortunately, progress to finally start addressing this Traffickers Act that we are debating it is happening, and it is happening a growing problem in America—which, right now is important for the whole lot, largely because of the internet. again, is remarkable when you think country, and it is certainly important The National Center for Missing & Ex- about it—of young men and women for my State of Alaska. ploited Children reported, from 2010 to trafficked for sex in this country. We have a big problem in Alaska 2015, an 846-percent increase in the In 2017, we passed on a bipartisan with the challenges of domestic vio- number of children being trafficked— basis the Abolish Human Trafficking lence and sexual assault at some of the an over 800-percent increase in Amer- Act; in 2015, we passed the Justice for highest rates in the country. We also ica. Victims of Trafficking Act. Both were have a big problem with the challenges A lot of Americans think: Wait, real- introduced by my friend and colleague, of human trafficking and sex traf- ly? That is a problem in Asia, South- Senator CORNYN of Texas. Senator THUNE has been a leader on these issues ficking. A lot of people think that east Asia, or other countries. But it is in the last couple of years in passing doesn’t happen in America. It happens a growing problem in the United States the No Human Trafficking on Our in America. It is a horrible issue to of America, and we need to address it. talk about, but it happens in our coun- As others have said on this floor, sex Roads Act and Combating Human Traf- ficking in Commercial Vehicles Act, try. trafficking has moved from the street which focused on the big problem we There was a study done last year on corner to the smartphone, where it is have seen in terms of the transpor- young men and women in Alaska re- much more difficult to detect and tation system in America being used ceiving services from a homeless shel- much more difficult to stop, and it is for human trafficking. In the Judiciary ter for teenagers. My wife Julie actu- one of the reasons we see this dramatic Committee, we passed Chairman ally works at this homeless shelter, increase in rates of human trafficking GRASSLEY’s bill, the Trafficking Vic- and one in four girls and one in five in our country. tims Protection Reauthorization Act, boys who used the services of this teen In the Commerce Committee, we had which brought more services to victims homeless shelter reported being vic- a hearing that covered this bill. Some of these heinous crimes. tims of sex trafficking. This is a hor- members of the tech industry were op- We are making progress, no doubt rible number for a very vulnerable so- posed, but I think the overwhelming about it. But—and this is a very impor- ciety. We need to do more to address support that came out of that hearing tant point—despite this strong record this issue. was driven by the real-world tragedies of addressing human trafficking, when In this legislation, we are taking the we started to hear from hundreds— it comes to these crimes, some of the fight to one of the places in this coun- thousands—across the country that biggest things we need more of in try where human trafficking and sex have occurred because of really lax America to address them, because they trafficking are really exploding, and laws and immunity on the internet are growing, are resources—resources. that is the internet. The bipartisan leg- that was not intended for companies or To put it bluntly, there are too many islation we are debating right now will individuals who deal in sex trafficking cases, there is too much of this hap- ensure that websites and other institu- and human trafficking. What we saw pening, and there are not enough re- tions on the internet and the compa- from the report and the investigations sources, money, or prosecutors to put nies related that knowingly—and that that Senator PORTMAN and others did the bad individuals who are doing this is an important word, ‘‘knowingly’’— was that actually was what was hap- behind bars. facilitate sex trafficking can be held pening. Many of these cases involving human accountable for their actions. It will For example, Senator BLUMENTHAL trafficking are Federal crimes that also create new Federal crimes related earlier today talked about the very usually require Federal prosecutors to to promoting or facilitating human tragic, sad, and moving testimony we go after these Federal offenses. As we trafficking over the internet and give heard last September in the Commerce all know, there are limited numbers of more resources to State prosecutors to Committee from Yvonne Ambrose, assistant U.S. attorneys and Federal go after these heinous crimes. whose 16-year-old daughter Desiree investigators to do this. So what have In the remarks from a whole host of Robinson was trafficked online by a we done? What have we done in the Senators this morning, I think we are pimp on the website, Backpage. She past few years? What are we doing seeing that we are going to make real was later raped and murdered by a 32- today in this vote to help address this? progress in the fight against online sex year-old man who found her on that We have begun to change this issue of trafficking without threatening the website. She was an American citizen, resources to go after the perpetrators years of progress we have made in cre- a 16-year-old girl. If you had watched of these heinous crimes in a much bet- ating a free and open internet. Senator her mom’s testimony of in front of the ter way by allowing State attorneys PORTMAN, one of the leaders of this ef- Commerce Committee, you would be general and State district attorneys to fort, along with many others—Senator voting for this bill today. actually prosecute these crimes, even MCCAIN and his wife Cindy have been Her mom ended her riveting and very though they are Federal crimes. We are real champions and advocates for sad testimony by saying: If there were doing something in the law that says: human trafficking issues throughout stricter rules in place for posting on We need more prosecutors, we need America; Senator BLUMENTHAL and so these websites, then my child would more investigators, and we need more many other Senators have been saying still be here with us today. It was a resources. Let’s unleash those in the that this is a commonsense, targeted wrenching story and, unfortunately, States to help us address this growing approach to addressing this very big one that too many American mothers problem throughout our country. and growing problem. and fathers are telling us. So we are doing that, and we did it We are going to vote in about an We are going to vote on this today, for the first time in the Justice for Vic- hour, and I hope all of my colleagues and I hope all my colleagues vote for tims of Trafficking Act in 2015. This

VerDate Sep 11 2014 01:22 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.018 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 21, 2018 CONGRESSIONAL RECORD — SENATE S1865 bill, for which Senator CORNYN was the Stop Enabling Sex Traffickers Act, ‘‘(3) EFFECT OF EFFORTS TO IDENTIFY, RE- lead, actually incorporated a bill that I which we are voting on and debating STRICT ACCESS TO, OR REMOVE OBJECTIONABLE had authored and had a lot of cospon- now, is to allow State attorneys gen- MATERIAL.— sors on called the Mann Act Coopera- eral the power and the authority to ‘‘(A) EFFECT ON CRIMINAL AND CIVIL LIABIL- ITY GENERALLY.—The fact that a provider or tion amendment. We put that in as bring actions against those who violate user of an interactive computer service has part of the broader bill in 2015. Federal law for internet-based sex traf- undertaken any efforts (including moni- The Mann Act is the Federal law that ficking. toring and filtering) to identify, restrict ac- makes it a criminal offense to trans- We are bringing the resources in cess to, or remove material the provider or port someone across State lines for the these kind of cases. That is an impor- user considers objectionable shall not be con- purposes of prostitution and human tant innovation in the development of sidered in determining the criminal or civil trafficking. In my experience back the bill that we are voting on today. liability of the provider or user for any ma- home in Alaska, as attorney general, Just like in the previous legislation, terial that the provider or user has not re- moved or restricted access to. we had challenges in this regard. As a State attorneys general can now bring ‘‘(B) EFFECT ON PROTECTIONS.—The protec- matter of fact, there was a very noto- these cases. If we pass this law today, that will mean more resources, more tions under paragraphs (1) and (2) are not rious case of a bad man—a very corrupt limited by or contingent upon an interactive man—who a lot of people knew in Alas- investigators, and more prosecutors for computer service provider’s— ka, and he was engaged in this kind of the perpetrators of these heinous ‘‘(i) moderation of content; or activity with young girls from the Na- crimes. To all the bad guys out there ‘‘(ii) use of particular content moderation tive villages in my State. We inves- who are undertaking these crimes, practices.’’. (b) EFFECTIVE DATE.—The amendment tigated it and realized that he violated when we vote to pass this legislation today, that is going to be a bad day for made by subsection (a) shall— not a State law but a Federal law. It you because we are going to have more (1) take effect on the date of enactment of was very clear that it was a human resources and the ability to put you in this Act; and trafficking violation of the Mann Act. jail with this vote today. (2) apply regardless of whether the conduct When I was attorney general, my of- alleged occurred, or is alleged to have oc- As I mentioned, we have a big prob- fice went to the Feds, and we said: Here curred, before, on, or after such date of en- lem in this country. We have a long actment. you go. Here is the evidence. This guy way to go in terms of human traf- AMENDMENT NO. 2213 violated the Mann Act. He is a bad ficking, sex trafficking, which is hit- man. He should go to jail. We need to (Purpose: To provide additional funding to ting all parts of America. Congress is the Department of Justice to combat the send a signal. focused on it, and I am hopeful that we It is a rather long story. It is a sad online facilitation of sex trafficking) will pass this legislation this afternoon At the appropriate place, insert the fol- story. But for whatever reason—I have for one more step in the right direction wondered for years, and I have looked lowing: on addressing this issue. SEC. lll. PROTECTING SEX TRAFFICKING VIC- into this for years—the Federal Gov- I yield the floor. TIMS FROM CRIMINAL WEBSITES. ernment wouldn’t take the case. The PRESIDING OFFICER. The Sen- (a) SHORT TITLE.—This section may be I said to the Feds: Then, let my pros- ator from Oregon. cited as the ‘‘Protecting Sex Trafficking Vic- ecutors take the case. We will take the COMMENDING SENATOR JONES tims from Criminal Websites Act’’. (b) APPROPRIATION OF FUNDS.—Out of funds case. You just need to cross-designate Mr. WYDEN. Mr. President, before I us. Let the State attorney general’s of- of the Treasury not otherwise appropriated, begin my remarks on the legislation there are appropriated to the Attorney Gen- fice take these Federal laws and pros- before us, I wish to compliment our eral, for use in consultation with the Sec- ecute them against this guy. We will do new colleague, Senator JONES, on a su- retary of Homeland Security and the Direc- it. perb maiden speech. I thought he was tor of the Federal Bureau of Investigation, They still didn’t allow us to do it. so gracious when he remembered Sen- $20,000,000 for each of fiscal years 2018 There were rumors in Alaska: Hey, ator Heflin. I served with Senator Hef- through 2022 to investigate and prosecute website operators that criminally facilitate what was going on here? Was there lin, and I think Senator JONES is going some kind of deal cut between the Feds sex trafficking or the sexual exploitation of to be very much in that tradition. I children. and this guy who was a really bad guy want to take a quick minute and com- (c) AVAILABLE UNTIL EXPENDED.—Amounts and who was in jail for something else? mend our new colleague for launching appropriated under subsection (b) shall re- When I got to the Senate, I said: We his time in the Senate in an extraor- main available until expended. are not going to let that kind of injus- dinary way. (d) BUDGETARY EFFECTS.— (1) PAYGO SCORECARD.—The budgetary ef- tice happen again. AMENDMENTS NOS. 2212 AND 2213 That was an injustice. A man who fects of this section shall not be entered on Mr. President, I call up amendments either PAYGO scorecard maintained pursu- violated the Mann Act and clearly Nos. 2212 and 2213, as provided for under ant to section 4(d) of the Statutory Pay-As- committed the crime of human traf- the previous order, and I ask unani- You-Go Act of 2010 (2 U.S.C. 933(d)). ficking is a free man right now. That mous consent that they be reported by (2) SENATE PAYGO SCORECARD.—The budg- shouldn’t be the case. number. etary effects of this section shall not be en- As part of the Justice for Victims of The PRESIDING OFFICER. Without tered on any PAYGO scorecard maintained Human Trafficking Act in 2015, we had objection, it is so ordered. for purposes of section 4106 of H. Con. Res. 71 a provision. My bill essentially said The clerk will report the amend- (115th Congress), the concurrent resolution this: If a State attorney general brings ments by number. on the budget for fiscal year 2018. a Mann Act case—a human trafficking The bill clerk read as follows: The PRESIDING OFFICER. The Sen- ator from Oregon. violation case, Federal case—to the At- The Senator from Oregon [Mr. WYDEN] pro- Mr. WYDEN. Mr. President, I ask torney General of the United States, poses amendments numbered 2212 and 2213. The amendments are as follows: unanimous consent that my hour begin saying that we need to be cross-des- now for speaking on this subject. We AMENDMENT NO. 2212 ignated to prosecute—maybe the Feds are a bit behind, but not much. I ask don’t have the resources; maybe they (Purpose: To clarify that efforts of a provider or user of an interactive computer service unanimous consent that the hour that don’t have the time—then, the Attor- has been assigned to me begin at this ney General of the United States shall to identify, restrict access to, or remove objectionable material shall not be consid- time. allow the cross-designation for more ered in determining the criminal or civil The PRESIDING OFFICER. Without State attorneys general to prosecute liability of the provider or user for other objection, it is so ordered. these cases, unless it would undermine material) Mr. WYDEN. Mr. President, I stand the administration of justice. That is At the appropriate place, insert the fol- on the Senate floor today in firm in the law. State attorneys generals lowing: agreement with my colleagues that the right now can go prosecute Mann Act SEC. lll. EFFECT ON LIABILITY OF EFFORTS Congress must do more to combat the cases. That is more resources, more in- TO IDENTIFY, RESTRICT ACCESS TO, scourge of sex trafficking. It is a pro- OR REMOVE OBJECTIONABLE MATE- vestigators, and more prosecutors. RIAL. found and tragic failure of American That is going to be in the law that we (a) IN GENERAL.—Section 230(c) of the Com- institutions that trafficking continues are voting on today. One of the ele- munications Act of 1934 (47 U.S.C. 230(c)) is to plague our country and, in fact, has ments—an important element—of the amended by adding at the end the following: actually increased.

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Third, we wanted to guarantee that sense is we will have a lot of constitu- I fear that the legislation before the bad actors would still be subject to all ents who will say: Thank God. Senate now is going to be another fail- of the Federal laws. Whether the crimi- In the absence of section 230, the ure. I fear that it is going to do more nals were operating on a street corner internet as we know it would shrivel. to take down ads than to take down or online wasn’t going to make a dif- Only the platforms that are run by traffickers. I that fear it will send ference, and we were determined to those with deep pockets and an even these monsters, these evil people who state that explicitly. deeper bench of lawyers would be able traffic beyond the grasp of law enforce- Fourth, we wanted to protect the to make it. ment to the shadowy corners of the internet from the whims of State and Moreover, section 230 is not just dark web, a place where every day local legislators. This body has the au- about hobbies and commerce. It pro- search engines don’t go, and it is going thority to regulate interstate com- tects the coordination of free speech, to be even easier for criminals—these merce. particularly among vulnerable groups vicious traffickers—to find a safe I would ask any of my colleagues to of Americans. That is the reason orga- haven for their extraordinarily evil offer an example of how something nizations like the libertarian Cato In- acts. could be more interstate than the stitute, the progressive Human Rights In many respects, this debate mirrors internet. Campaign, and the ACLU have voiced one the Congress went through a little It may not satisfy some publicity- serious concerns about the legislation bit more than 20 years ago. Back then, seeking local official when we talk before the Senate. You sure don’t see I think it would be fair to say that not about the Federal Government’s role those three groups lined up side by side many Senators knew much about the here, but there is no question that the very often, but they are here now. It is internet. In 1995, this body had a laud- role of the Congress, in its leading on because, without the protections of able goal. The Senate said it wanted to something that is clearly interstate in section 230, civic organizations that ex- protect kids from accessing pornog- nature, is in the best interest of the ercise their right to free speech could raphy online, but the result of those American people. be cowed by their more powerful polit- good intentions was, unfortunately, a For the most part, the framework ical opponents. bad policy—a policy called the Commu- worked better than I ever imagined it For this example, imagine that a nications Decency Act of 1996. would. As a result of section 230, the nonprofit organizes a campaign in sup- Behind that policy was a funda- small, gutsy entrepreneur—say an en- port of a local ballot measure. It uses mental misunderstanding of both the trepreneur in North Carolina—who has social media to build awareness and architecture of the internet and the a big dream of working out of his ga- promote upcoming rallies and events modern application of the First rage has a real shot at succeeding. with online discussion boards. Yet, Amendment. The law didn’t just go Marginalized groups of vulnerable without section 230, powerful interests after those targeting pornography to Americans have a better opportunity that are opposed to its work can just minors. It took speech that was legal than ever to make their voices heard swoop in and effectively silence that in the real world and made it illegal because of section 230, and small non- nonprofit with an onslaught of litiga- online. And it produced a paradise for profits have the ability to take their tion. Hostile individuals could pose as the legal trickster, creating new ways causes nationwide. supporters and make comments on the to sue over speech and adversely affect- One scholar, David Post, even wrote nonprofit’s website that would expose ing scores of Americans, medical pro- that the 230 law created $1 trillion the group to liability suits. I think it is viders, artists, writers of literature, worth of economic value in the private pretty obvious that there would be an and more. economy. He said: ‘‘It is impossible to enormous, chilling effect on speech in As should happen with poorly written imagine what the Internet ecosystem America. policy, all but one part of the Commu- would look like today without it.’’ I ask unanimous consent that the nications Decency Act was struck My wife saw that article, looked at statements from the Cato Institute and down by the Supreme Court. The one me and said: Well, dear, even a blind the ACLU that are in opposition to the piece of the law left standing was sec- squirrel occasionally finds an acorn. legislation now before the Senate be tion 230, which I coauthored with Setting aside spousal kidding, to il- printed in the RECORD. former Congressman Chris Cox. What lustrate why the protection that comes There being no objection, the mate- section 230 was all about was laying from section 230 is so important, I turn rial was ordered to be printed in the out the legal rules of the road for the next to what things would be like with- RECORD, as follows: web. There were innovative new busi- out it. nesses sprouting up all over and novel Imagine if you are starting a forum [From CATO at Liberty, Feb. 27, 2018] forms of communication and media site that is dedicated to discussing THE DEATH OF AN OPEN INTERNET connecting and informing people in knitting. If ever there were a topic (By John Samples) new ways. But it seemed clear that a that sounded drama free, that would be Today the House votes on the Fight Online quick way to strangle this promising it. Yet suppose somebody goes on the Sex Trafficking Act (FOSTA), a piece of set of developments in their infancy site and shares a pattern he didn’t have anti-sex trafficking legislation. It follows was for these new companies to be held the right to share. Suddenly, your and incorporates an earlier effort by the Sen- legally liable for every piece of content website is facing a copyright infringe- ate, the Stop Enabling Sex Traffickers Act (SESTA). The bill at issue today is actually that users posted on their platforms. ment lawsuit. Maybe the controversy— a last minute amendment by Representative When section 230 was written, nobody knitting versus crocheting—gets over- Mimi Walters (CA) that brings the worst ele- could have foreseen all of the effects. heated, and the users start trading ments of SESTA into FOSTA, creating a hy- Here is what we did know back then. barbs. Suddenly, you have people sling- brid bill far worse than the sum of its parts. First, we wanted small businesses to ing defamation suits at your itty-bitty This bill has grave consequences for an open, start out focusing on hiring engineers, forum host. Then somebody is injured competitive internet and for some people developers, and designers rather than by an automatic needle threader he who use it. worrying about how they had to hire a reads about in a comment thread. Sud- Section 230 of the Communications De- cency Act has long shielded internet service team of lawyers. denly, you are a codefendant in a li- providers from liability for user generated Second, we wanted to make sure that ability suit—all because you didn’t content, facilitating the internet we know internet companies could moderate have the protection of section 230. today. FOSTA would likely reduce these pro- their websites without getting clob- Imagine how hard it would be to tections. FOSTA creates a new federal crime bered by lawsuits. I think Democrats launch a platform that would be open tied to the intent to promote sex trafficking

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using the internet. Alone, this might be con- AMERICAN CIVIL LIBERTIES UNION, still impact liability protections for online sidered an acceptable, narrowly tailored Washington, DC, March 12, 2018. providers. As finally approved, it also incor- measure. However, the Walters amendment Re Oppose H.R. 1865—The ‘‘Allow States and porated key aspects of the Senate version of incorporates SESTA’s ‘‘knowingly’’ standard Victims to Fight Online Sex Trafficking the bill. of liability, which withholds CDA Section 230 Act’’. ACLU opposed the Senate version of the bill, the ‘‘Stop Enabling Sex Traffickers protections from sites ‘‘knowingly assisting, Hon. MITCH MCCONNELL, supporting, or facilitating’’ sex-trafficking. Majority Leader, U.S. Senate, Act’’ (S. 1693, SESTA), but also acknowl- SESTA’s standard requires no intent to fa- Washington, DC. edged improvements incorporated prior to final committee approval. In particular, the cilitate sex trafficking, relying upon the Hon. CHUCK SCHUMER, modified version of SESTA heightened the mere knowledge that one’s app or blog has Minority Leader, U.S. Senate, intent standard needed to establish a crimi- been used by bad actors. Washington, DC. nal violation—a key distinction separating a DEAR SENATORS: The American Civil Lib- Preemptive action, driven by effective typical online platform provider from one erties Union (ACLU) writes to express its op- platform moderation and cooperation with that might inject itself into the online con- position to H.R. 1865, the ‘‘Allow States and law enforcement, remains the most efficient tent being posted to its platform. Also, in Victims to Fight Online Sex Trafficking way to combat online sex trafficking. Unfor- authorizing state prosecutions notwith- Act,’’ also referred to as FOSTA, which tunately, FOSTA’s incorporation of SESTA’s standing the federal liability protections for passed the House on February 27 and may be ‘‘knowingly’’ standard would stymie this col- online platforms, the bill would limit state considered by the full Senate in the coming laboration. If a platform attempts to prevent prosecutions to those where the behavior sex trafficking by removing and reporting of- days or weeks. The bill is a serious, yet un- violated the federal law. fending user generated content, it risks es- successful, attempt to stop the use of the The changes to both the House FOSTA bill tablishing that it had knowledge of the con- Internet for sex trafficking without hin- and the Senate SESTA bill were the result of tent, rendering it liable for anything that dering online freedom of expression and ar- concerted advocacy efforts by Internet and might slip through the moderation process. tistic innovation. Tech experts say that a other tech experts who testified about the Instead of encouraging platforms to combat thriving Internet requires retaining certain critical importance played by section 230 sex trafficking, SESTA’s ‘‘knowingly’’ stand- liability protections for online platforms protections. In the days before the section ard punishes private attempts to prevent the providers. Victims’ rights advocates, on the 230 protections were adopted over two dec- problem, and cripples broader attempts at ef- other hand, say the sex trafficking problem ades ago, online providers were subject to fective content moderation. requires narrowing those protections. The lawsuits for allowing the posting of content. bill misses the achievable legislative oppor- The threats were so financially significant A combined FOSTA/SESTA would benefit tunity to do both, and in particular leaves that providers would simply bar the posting established social media platforms and trial the Internet exposed to the uncertain impact of third party content, knowing they could lawyers at the expense of an open internet of changed protocols on the part of platform never fully insulate themselves from liabil- while doing little to prevent sex trafficking. providers. ity except by blocking all content that Facebook may be well resourced enough to For nearly 100 years, the ACLU has been might be offensive to some. Since the adop- cope with the increased legal risk imposed our nation’s guardian of liberty, working in tion of section 230, online providers have on hosts of user generated content, but their courts, legislatures, and communities to de- been free to curate their sites’ content with- nascent competitors are not. Attempts to fend and preserve the individual rights and out fearing liability for what others post. avoid running afoul of the ‘‘knowingly’’ liberties that the Constitution and the laws Even with the improvements in both bills, standard will likely lead to greater reliance of the United States. With more than 2 mil- ACLU continued to oppose both measures be- on automated filtering. lion members, activists, and supporters, the cause the risks to the vibrancy of the Inter- Other issues have not received the atten- ACLU is a nationwide organization that net as a driver of political, artistic, and com- tion they merit. Libertarians (and others) fights tirelessly in all 50 states, Puerto Rico, mercial communication is real and signifi- often distinguish law from morality. What is and Washington, DC for the principle that cant. Moreover, there is little to suggest immoral need not be illegal. American law in every individual’s rights must be protected that current law could not be used to find many jurisdictions does not honor that dis- equally under the law, regardless of race, re- and punish the bad actors who are truly fa- tinction and criminalizes exchanging sex for ligion, gender, sexual orientation, disability, cilitating online sex traffickers. In fact there payment. Some members of Congress seem or national origin. is at least one pending federal court case pleased this bill will better enforce those The risks to the Internet as the world’s that makes this very argument. There are a laws against people who voluntarily engage most significant marketplace of ideas out- host of state laws outlawing such behaviors in such exchanges. weigh the uncertain benefit of the bill to the and current liability protections are in- fight against sex trafficking. Accordingly, tended to protect only those who are simply The consequence of doing so, however, ACLU opposes the bill. While the language of providing a channel for others to use, not should please no one. Members believe this H.R. 1865 has been improved to address some those who are determining what is posted bill will likely drive women who sell sex for of the ambiguities creating the most signifi- and who have a malicious intent to do harm a living off the internet. For them, that is a cant risks, ACLU remains concerned that to others. Finally, ACLU is concerned that feature not a bug of the bill. But those en- the bill, if enacted, will foster an atmosphere the scope of the bill’s language will encom- gaged in the sex trade are unlikely to give up of uncertainty among online platform pro- pass the actions of sex workers who have no their work. Instead they will end up on the viders. This uncertainty will inhibit the con- connection to trafficking whatsoever within streets. Why does this change of venue mat- tinued growth of the Internet as a place of its enforcement, including effective harm re- ter? Between 2002 and 2010, Craigslist intro- creativity and innovation. duction and anti-violence tactics. Such an duced an ‘‘erotic services’’ section on its The ACLU has long supported maintaining outcome is directly contrary to the aims of front page which was used almost exclu- the statutory immunity provisions of section bipartisan criminal justice reformers who sively to advertise illegal sex services. Three 230 of the Communications Act of 1934 in seek to limit the over-federalization of crime economists found that this section led to a order to promote freedom of speech and ex- where such crimes already exist at the state 17.4 percent reduction in the homicide rate of pression. Section 230 became one of the key level. the women in the relevant jurisdiction. They factors enabling the robust expansion of For the foregoing reasons, the ACLU op- also noted ‘‘modest evidence’’ that the Internet-based speech, communications, and poses H.R. 1865 as approved by the House of Craigslist section reduced female rape of- commerce. It is a critical factor in maintain- Representatives. It poses a risk to freedom of fenses. The economists concluded this reduc- ing the Internet’s diverse ecosystem of speech on the Internet as we have come to tion in violence came from the women mov- speech and art and advancing economic and know it while purporting to solve a problem ing indoors and matching more efficiently political dialogue. The rationale for liability that could be addressed in other ways. with safer clients. This potential increase in protections for online providers is that they If you have questions or comments about violence and murder should give pause to should not suffer criminal or civil liability ACLU’s position on this legislation, please even those who deem selling sex immoral. merely for creating online fora to which oth- contact First Amendment advisor Michael Congress has worked on these bills for ers may post content, even when some of Macleod-Ball. some time through their committees. Now those communications turn out to be offen- Sincerely, both bills have been thrown together, sive or even unlawful. Any liability should FAIZ SHAKIR, brought to the House floor, and are expected be on those who create and post that con- National Political Director. to become law, all in a week or so. Instead of tent. Mr. WYDEN. Mr. President, the fact this rush, the House Judiciary Committee We opposed FOSTA’s predecessor bill, an is that section 230 was never about pro- could have finished its work, and the whole onerous bill that would have drastically cur- tecting the incumbents. I have spent House debated and voted on the measure. tailed protections for online publishers. my time in public service taking on a The Senate and House then could have con- FOSTA was revised in the House through the ferred and perhaps produced a bill acceptable efforts of a broad cross-section of victim ad- wide array of powerful, established in- to all. That would be ‘‘regular order’’ for vocates, law enforcement, and tech experts. terests. When I wrote this policy, I Congress in lawmaking. It has once again The current version creates a new federal fa- never envisioned a Facebook, but I did been ignored. cilitation of prostitution crime, but would hope it would give the little guy and

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That is, largely, that were able to thrive as a result of fickers, bring them to justice, and help because the big internet companies— protection that they were guaranteed the victims of their hideous crimes. I the biggest ones—have utterly failed to by law. That was the idea behind sec- have used my position on the Senate live up to the responsibility they were tion 230. That doesn’t carry any obliga- Finance Committee to be one of the au- handed two decades ago. I am going to tion to suppress free speech, but it is thors of laws that support victims and explain exactly what I mean. definitely about being a responsible provide ongoing funding paid for by For these big companies, section 230 citizen, a responsible member of the those convicted of crimes against chil- is both a sword and a shield. It offers community. dren. I have worked with our col- protection from liability, but it also Sites like Facebook, YouTube, and gives companies the authority and, Tumblr constitute the entire internet leagues, Senator CORNYN, Senator more importantly, the responsibility to for millions of users who click through PORTMAN, Senator KLOBUCHAR, to write foster the sort of internet Americans the same group of sites every single laws to improve the child welfare sys- want to be proud of. In years of hiding day. They have an undeniable role to tem to help prevent kids from becom- behind their shields, these big tech- play in fostering a civil environment. ing victims in the first place. I put my nology companies have left their Their failure to do so could very well record up against any Member of this swords to rust. Too many companies mean that the internet looks very dif- Congress when it comes to passing laws have become bloated and uninterested ferent 10 years from now, not just for that while definitely not going far in the larger good, and when they have those who spread hateful and con- enough, begin the effort to provide the taken positive steps, as Wikimedia has, spiracy-driven filth, but for the mil- tools to fight this scourge, but the bill for example, their practices haven’t lions of decent people who use the before us today is not going to stop sex been adopted by their peers. internet to learn, to find entertain- I will describe one case study that ment, and to keep in touch with loved trafficking. It is not going to prevent was reported last week by the tech ones. young people from becoming victims, news website Motherboard. There was a time when the biggest and I am going to describe why that is In 2012, the website Reddit, on which internet companies had mottos like the case. individuals form communities where ‘‘Don’t be evil.’’ Perhaps it is time for First, as I mentioned earlier, the De- they share and discuss content, them to aspire to a more modest partment of Justice takes the view cracked down on users who posted non- motto: ‘‘Don’t spread evil.’’ that an important provision in the bill consensual photos of women. These With all of that said and done, it is have come to be known as not just the internet companies that is unconstitutional. In my judgment, ‘‘creepshots.’’ The website Tumblr did fail to properly respond to the chal- that is another issue that Congress not sufficiently police the same inap- lenges of our times. When it comes to ought to address before sending a bill propriate content, so these reprehen- sex trafficking, which is the underlying to the President’s desk, but instead it sible communities simply relocated issue the Senate is working on today, looks like everybody will drive it from Reddit to Tumblr, and this our country has failed the victims at through as is. creepshot problem lived on. That is almost every level. Second—and this is an astounding de- how easy it is for the creators of vile (Mr. COTTON assumed the Chair.) velopment—the legislation before the content to move from one platform to For example, the Justice Department another. could have and absolutely should have Senate is going to make it harder, not Supreme Court Justice Potter Stew- investigated the website backpage easier, to root out and prosecute sex art famously observed that he couldn’t years ago for its role in promoting sex traffickers. Let me read what the De- define hardcore pornography, but he trafficking; but the fact is, the Federal partment of Justice has said recently knew it when he saw it. Congressman Government fell down on the job. that proves that this bill is going to Cox and I may not have known exactly Backpage’s activities were no secret. make it harder to root out and pros- what content we intended for sites to In the absence of action by the Depart- ecute sex traffickers. The Department be able to take down when we wrote ment of Justice, a Senate sub- of Justice recently said this legislation committee, led by our colleagues Sen- section 230, but I sure know it when I would ‘‘effectively create additional see it. Far too often, the big internet ators PORTMAN and MCCASKILL, con- elements that prosecutors must prove companies refuse to know it even when ducted their own investigation and they see it. subpoenaed key documents. Among at trial.’’ Colleagues, I will just state A huge amount of that which popu- those documents were emails that ap- we are heading in the wrong direction lates social media networks each day is peared to show that backpage was ac- if we have legislation that would raise every bit as destructive and socially tively working with sex traffickers to the burden of proof in cases against sex corrosive, if not more so, than the por- create advertisements. That meant traffickers. Imagine that, with nation- nography at issue in that famed Su- backpage was not due protection under wide concerns about the evils of sex preme Court case. It is the creepshots, section 230. In fact, a lawsuit in Boston trafficking, the Department of Justice the sex trafficking ads, the conspiracy was given the go-ahead based on that has said this bill would actually raise videos about school shootings, and precise finding. It has been widely re- the burden of proof in cases against sex anti-vax nonsense—nonsense that en- ported that the Justice Department traffickers. dangers the public health and more. now has its own investigation under- The tech giants state that no one way, although it is coming years and The Department of Justice wrote a could track the millions of posts or years too late. This should have hap- letter to Chairman GOODLATTE of the videos or tweets that cross their serv- pened eons ago. This is only one exam- House Judiciary Committee that lays ices every hour. Nobody is asking them ple of where the government’s efforts out the concerns I have just described. to do that—nobody. Section 230 means have fallen short. Mr. President, I ask unanimous con- they are not required to fact-check or Now, following what I have described, sent to have printed in the RECORD the scrub every single post or tweet or the twin failures of the big technology Justice Department letter. video, but there have been far too companies and Federal law enforce- many alarming examples of algorithms ment, this body is responding to a very There being no objection, the mate- that drive vile, hateful, or conspira- serious moral challenge with flawed rial was ordered to be printed in the torial content to the top of the sites policy changes. In my view, the legisla- RECORD, as follows:

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GOODLATTE, permits states to bring actions for conduct eral to spend in coordination with the Chairman, Committee on the Judiciary, equivalent to Section 1591, we are also mind- FBI and Homeland Security to inves- House of Representatives, Washington, DC. ful that this language could have unintended tigate and prosecute those who crimi- DEAR MR. CHAIRMAN: This letter presents consequences as applied by the states. nally facilitate sex trafficking. The the views of the Department of Justice (De- Section 4 of H.R. 1865 also sets forth crit- bottom line, if Senators want law en- partment) on H.R. 1865, the ‘‘Allow States ical revisions to the CDA to permit state forcement to do a better job of stop- and Victims to Fight Online Sex Trafficking prosecutors to bring criminal actions related ping those like backpage, my amend- Act of 2017.’’ The Department supports H.R. to sex trafficking and the use of the interact ment gives the right people the re- 1865. We applaud House and Senate legisla- with the intent to promote or facilitate pros- tive efforts to address the use of websites to titution. The Department believes that the sources they need to bring these mon- facilitate sex trafficking and to protect and existence of this exception to the CDA will sters to justice. restore victims who were sold for sex online. alter the landscape of the industry involved I heard my colleague from Alaska, The Department appreciates this oppor- in advertising prostitution. Senator SULLIVAN, a good friend, talk tunity to provide technical assistance to en- CONSTITUTIONAL CONCERN at some length about how important it sure that these goals are fully met through We note that Section 4 of H.R. 1865 states was to have resources to fight the narrowly tailored legislation. The Depart- that the changes to the CDA ‘‘shall apply re- scourge of these traffickers who get ment also notes that a provision in the bill gardless of whether the conduct alleged oc- more and more sophisticated. They are raises a serious constitutional concern. curred [sic], or is alleged to have occurred, Every day, trafficking victims in America people who are very clever about stay- before, on, or after such date of enactment.’’ appear in online advertisements that are ing out in front of the law. When they This raises a serious constitutional concern. used to sell them for sex. The Department are on the dark web, it is going to take Insofar as this bill would ‘‘impose[] a punish- works diligently to hold the traffickers ac- resources to fight them and put them ment for an act which was not punishable at countable for their crimes but faces serious the time it was committed’’ or ‘‘impose[] ad- behind bars. So our colleague from challenges. This is due in part to the high ditional punishment to that then prescribed’’ Alaska, Senator SULLIVAN, sure ought evidentiary standard needed to bring federal it would violate the Constitution’s Ex Post to be for this amendment because this criminal charges for advertising sex traf- Facto Clause. Cummings v. Missouri, 4 Wall. amendment offers real money right ficking, but also because the Communica- 277, 325–326 (1867); see Beazell v. Ohio, 269 U.S. tions Decency Act (CDA), codified at 47 now to prosecute these monsters and 167, 169–170 (1925); U.S. Const. art I, 9, cl. 3. U.S.C. 230, bars our state and local partners get them behind bars. The Department objects to this provision be- from bringing any criminal action that is in- Finally, the bill before the Senate cause it is unconstitutional. We would wel- consistent with that section. H.R. 1865 ad- punches a hole in the legal framework come the opportunity to work with Congress dresses both issues and would take meaning- of the open internet. I don’t every sin- to address this serious constitutional con- ful steps to end the industry of advertising cern. gle day quote the editors of the ‘‘Wall trafficking victims for commercial sex. Thank you for the opportunity to present Street Journal,’’ but I have always had TECHNICAL ASSISTANCE our views in support of this legislation. We a motto that I will shout out anybody Section 3(a) of the bill creates 18 U.S.C. hope this information is helpful, and we look when they are right. The Journal re- 2421A, a new federal offense that prohibits forward to continuing to work with Congress cently summed up the impact of the the use or operation of websites (and other on this important legislation. Please do not bill. They said this is definitely going means or facilities of interstate commerce) hesitate to contact this office if we may pro- to be an online ‘‘lawsuit bonanza.’’ with the intent to promote or facilitate pros- vide additional assistance regarding this or titution. The bill also provides for an aggra- any other matter. The Office of Management They predict any website that ‘‘should vated felony if the defendant recklessly dis- and Budget has advised us that from the per- have known’’ criminal activity took regards that the crime contributed to sex spective of the Administration’s program, place on its platform will be a target trafficking as prohibited by 18 U.S.C. 1591(a). there is no objection to submission of this for lawsuits. Any message board or Section 2421A would stand as a strong com- letter. chat room where users interact with plement to existing federal laws. Sincerely, each other can become a new target for However, the Department notes that Sec- STEPHEN E. BOYD, litigation. tion 2421A as originally drafted is broader Assistant Attorney General. Without specific protections for com- than necessary because it would extend to Mr. WYDEN. Mr. President, that is panies that make good-faith efforts to situations where there is a minimal federal not the only problem when it comes to interest, such as to instances in which an in- find and stop criminal behavior on dividual person uses a cell phone to manage enforcing this law. The bill before the their platforms, this legislation could local commercial sex transactions involving Senate is focused on taking down on- actually punish companies that try to consenting adults. Therefore, the Depart- line advertisements, not on catching moderate their users’ posts but let ment would support amending the language criminals or protecting victims. Tak- something slip through. Just by look- of Section 2421A so that Congress can clarify ing down the ads doesn’t mean the ing for illegal material, a website could its intent to target traffickers using or oper- pimps and predators will stop and say: be setting the table to be sued over ating interactive computer services, as fol- Oh, good; we see what the Senate is anything they didn’t find. lows (with a corresponding change to doing. We are now going to start fol- 2421A(b)): ‘‘Whoever, using a facility or The second amendment I will be of- means of interstate or foreign commerce or lowing the rules. When the ads come fering would clarify this issue. It is in or affecting interstate or foreign com- down, colleagues, the criminals will go what is known as the Good Samaritan merce, owns, manages, or operates an inter- as fast as they can to the darkest cor- clause, and we felt strongly about it active computer service, as defined in Sec- ners of our society. Instead of stopping several decades ago. The companies de- tion 230(f) of Title 47, United States Code, or trafficking, the bill is going to push it cide, as a result of a poorly written conspires or attempts to do so, with the in- to the dark web, the dark alleys, and bill, that their only option is to put tent to promote or facilitate prostitution overseas. You can’t get to the dark web their blinders on and ignore vile, illicit shall be fined under this title, imprisoned for with traditional search engines. not more than 15 years, or both.’’ content. That is bad for everybody ex- The Department believes that any revision Career Federal law enforcement offi- cept for the criminals. So I want to to 18 U.S.C. 1591 to define ‘‘participation in a cers, the expert investigators, are the eliminate that uncertainty, and I want venture’’ is unnecessary. Section 1591 al- people who know how to root out the particularly these small startup com- ready sets an appropriately high burden of traffickers under these circumstances. panies that are so important for our fu- proof, particularly in cases involving adver- They have expertise that State and ture to know, without a doubt, that tising. Under current law, prosecutors must local law enforcers don’t have. So my they have the right to moderate the prove that the defendant knowingly bene- view is, by handing new authorities to content users post. fitted from participation in a sex trafficking local officials, the bill moves in the So, in technical language, what this venture, knew that the advertisement re- lated to commercial sex, and knew that the wrong direction. amendment says is, neither the pres- advertisement involved a minor or the use of In my view, the right approach is to ence nor the absence of an attempt to force, fraud, or coercion. See Backpage.com, make sure career, expert Federal law moderate content online can, by itself, LLC v. Lynch, D.D.C., Civil Action No. 15– enforcement officers and investigators trigger liability.

VerDate Sep 11 2014 01:29 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.025 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1870 CONGRESSIONAL RECORD — SENATE March 21, 2018 The Journal raised more than the information than their users ever sus- It is safe to expect a slew of proposed Good Samaritan issue. Just as bad, by pected. It is a great tool for connecting new exceptions to section 230. When passing this exception to section 230, with family and friends, but it is also somebody is injured, they and their courts might make it harder to pros- something a small team of well- families want recourse, but our legal ecute websites for other crimes. Here is caffeinated coders could duplicate and system is woefully bad at delivering what the Wall Street Journal editor improve upon in terms of its justice. It is unfortunately far better said: ‘‘If Congress provides a carve-out functionality without a lot of difficulty at facilitating deals—often unjust for sex trafficking, courts might con- and without some of the baggage deals—because numbers are far easier clude that Section 230 was intended to Facebook has picked up over the last 6 than doing right. This failure means be applied narrowly for other crimes months. that a line of injured parties will be pe- and make it harder to prosecute So how do they stay on top? One way titioning to seek the sort of rec- websites [that are] complicit.’’ is to acquire the competition. Young ompense only their Member of Con- I do fear this bill is going to set off a people always tell me that nobody gress can provide. chain reaction that leads the Congress under 30 uses Facebook. The new gen- For America, section 230 is very like- to cut away more categories of behav- eration certainly uses Instagram, so ly the reason we have a multitude of ior from section 230, dismantle the they might not even know that it is billion-dollar internet employers and legal framework that has given the part of the same megacompany bought the Europeans have exactly zero. United States the position as a tech out by Facebook. But you can’t buy ev- Where countries aren’t hiding behind economy superpower. This position did erybody, so then you go to the oldest the trade barrier of the great firewall not happen by osmosis. It happened be- trick in the book—make it harder for or other artificial market forces, cause 20 years ago there was an effort new companies to get in the game. You American innovation has won out over to try to lay out a sensible legal foun- don’t have to compete if there is no the rest of the world. dation, a sensible legal basis for the competition, and that is where this leg- I think it is pretty hard to see our internet, and that is what is under at- islation comes in. country thrive and prosper without the tack today. If internet startups are no longer kind of legal foundation I have de- If this legislation that chips away at protected by section 230 and they are scribed today, without these 230 protec- section 230 is a bad idea for the inter- exposed to the threat of near constant tions. And a whole host of scholars net, if you are following this debate, litigation, it is going to be a lot tough- have pointed out that this is a unique you probably want to know why the er for them to secure injections of law in the world. It is the case where biggest internet companies are big funding and grow. Fewer venture cap- the United States got the temperature cheerleaders for it—the big companies ital firms will be willing to risk their right from the beginning, and it has led like Facebook. It is because it will pull deep pockets if their early-round in- to our dominance in tech. But if the up the ladder in the tech world, leaving vestments are swallowed up by legal United States goes out and puts all the established giants alone at the top. fees instead of paying for coders. But in those cracks—those potential cracks, As I said, section 230, from the begin- the eyes of the giant, established cor- the real cracks—into the foundation of ning, was all about giving the little porations, a world without section 230 section 230, I would wager that there guy the best possible chance to suc- isn’t seen as much of a threat. The $50 are plenty of other countries that are ceed. That is what this has always been million a year in liability statements going to change their laws to siphon about. The big guys can take care of for these big companies is a drop in the away our companies and take the jobs themselves. We want to have a policy bucket for them. It is the cost of doing they create. that encourages innovation for the business. And it is an added benefit if The fact is—and I am not sure we in startups. That has been a bedrock of the cost is too high for new companies the Senate think about it every day— my time in public service. Chipping to be able to get in the game. we are in a fight for the internet lit- away at the law that is going to curtail The biggest of these internet compa- erally every day. Our internet compa- the culture of innovation and bare- nies are trying to hold on to their posi- nies aren’t engaged in the fight. Their knuckled competition that has been tion at the top with all their might, interest is currying favor with nations the defining characteristic of the inter- and they are certainly very interested with which they wish to do business. net for more than two decades doesn’t in using the government to do it. That The Chinese, the Iranians, the Rus- make any sense to me. has been true of a lot of industries be- sians, even our European allies are ma- The companies that have reached the fore them, and it should come as no neuvering to impose a more repressive top of the internet’s economy are kind surprise that it happens again in the view of speech and expression on indi- of worried about whether they are technology area. viduals around the world, and unfortu- going to be able to keep their place at The Facebooks of the world will tell nately it has a lot of allies here at that altitude. Regulators once feared you how important section 230 was to home. that Microsoft would dominate the way the innovation of the last 20 years. Yet Free speech has never been free, and Americans interacted with the inter- there are technology companies like it is often not popular. It was wrested net, but then a little company called IBM that haven’t done a lot of inno- from the grip of a dominating state, Google appeared on the scene. vating for the last 20 years that want and it ought to be—it must be defended Facebook, a half-trillion-dollar com- to see section 230 done away with en- by every generation, lest the state re- pany got out of its infancy by dis- tirely for trumped-up reasons. So, for claim control. placing a competitor called MySpace. business, let’s not mistake what this Today, in my view, the Senate is I think colleagues ought to know debate is all about for a lot of these looking at taking a real step backward that these established companies would big, multinational companies. It is not and down a path that this body will re- do just about anything to avoid being about right or wrong; it is about dol- gret. displaced themselves. Facebook is try- lars and cents. Mr. President, I yield the floor. ing to make clear that they will do just So what does the future hold? As the The PRESIDING OFFICER. The ma- about anything not to become another Wall Street Journal observed, a lawsuit jority leader. MySpace. bonanza is in the works. It is pretty Mr. MCCONNELL. Mr. President, I Today, Facebook is under attack for ironic that a Republican Congress and ask unanimous consent that following allowing the Russians to interfere with a Republican President are going to the budget point of order and the mo- our elections. They are under attack create the biggest new source of oppor- tion to waive, there be 2 minutes, for giving hate groups a platform to tunities for trial lawyers in decades. equally divided, prior to the vote. spread their bile. They are under at- For the technology business, this bill The PRESIDING OFFICER. Is there tack for giving conspiracy theorists, means bigger is better—not better for objection? through their algorithms, a platform innovation, not better for consumers, Without objection, it is so ordered. to lure in the unsuspecting. They are but better for the profits of those lucky AMENDMENT NO. 2213 under attack for collecting, mone- enough to have reached the top of the Mr. MCCONNELL. Mr. President, the tizing, and storing far more personal mountain first. pending amendment No. 2213 offered by

VerDate Sep 11 2014 01:29 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.025 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 21, 2018 CONGRESSIONAL RECORD — SENATE S1871 Senator WYDEN would violate the Sen- cause we are putting real money into I think is another practical, good idea, ate pay-go rule by increasing the on- that effort. which is the Good Samaritan amend- budget deficit. Therefore, I raise a I yield the floor. ment. point of order against this measure The PRESIDING OFFICER. The As I have stated, because I anticipate pursuant to section 4106(a) of H. Con. question now occurs on agreeing to the having to turn back to this topic in Res. 71, the concurrent resolution on motion to waive. short order after the effects of this bill the budget for fiscal year 2018. The yeas and nays have been ordered. become clear, I am going to save this The PRESIDING OFFICER. The Sen- The clerk will call the roll. topic for a vote at that time. ator from Oregon. The senior assistant legislative clerk Mr. President, I ask unanimous con- Mr. WYDEN. Mr. President, pursuant called the roll. sent to withdraw amendment No. 2212. to section 904 of the Congressional Mr. CORNYN. The following Senator The PRESIDING OFFICER. Is there Budget Act of 1974 and the waiver pro- is necessarily absent: the Senator from objection? visions of applicable budget resolu- Arizona (Mr. MCCAIN). Without objection, it is so ordered. tions, I move to waive all applicable The PRESIDING OFFICER (Mr. The remaining amendment is with- sections of that act and applicable TOOMEY). Are there any other Senators drawn. budget resolutions for purposes of the in the Chamber desiring to vote? Mr. WYDEN. Mr. President, with pending amendment, and I ask for the The yeas and nays resulted—yeas 21, that amendment having been with- yeas and nays. nays 78, as follows: drawn, I ask unanimous consent that The PRESIDING OFFICER. Is there a [Rollcall Vote No. 59 Leg.] there now be 2 minutes for debate, sufficient second? YEAS—21 equally divided, prior to the vote on There appears to be a sufficient sec- Booker Hirono Peters passage. ond. Cantwell Jones Sanders The PRESIDING OFFICER. Is there The yeas and nays were ordered. Casey Leahy Stabenow objection? The PRESIDING OFFICER. There Coons Markey Tester Without objection, it is so ordered. Donnelly McCaskill Udall will now be 2 minutes of debate, equal- Gillibrand Merkley Van Hollen Who yields time? ly divided. Heinrich Murray Wyden The Senator from Ohio. Mr. PORTMAN. Mr. President, I The Senator from Ohio. NAYS—78 Mr. PORTMAN. Mr. President, this is strongly urge my colleagues to join us Alexander Feinstein Murphy in relation to an amendment that has Baldwin Fischer Nelson in supporting this legislation. Most of been offered by my colleague Mr. Barrasso Flake Paul you are cosponsors already. It strikes WYDEN. It has to do with funding for Bennet Gardner Perdue the right balance. It helps to allow vic- the Department of Justice dealing with Blumenthal Graham Portman tims to get the justice they deserve Blunt Grassley Reed trafficking. I appreciate the intent be- Boozman Harris Risch and, lastly, to hold these websites ac- hind it, but I will tell you, as one of the Brown Hassan Roberts countable through prosecution, while letters from the law enforcement com- Burr Hatch Rounds at the same time protecting the free Capito Heitkamp Rubio munity, who are opposing this amend- Cardin Heller Sasse and open internet. ment, said, this is a poison pill. This Carper Hoeven Schatz I would like to yield my remaining will derail this in the House of Rep- Cassidy Inhofe Schumer time to my coauthor and colleague resentatives. Cochran Isakson Scott Senator BLUMENTHAL. Collins Johnson Shaheen We have law enforcement from the Corker Kaine Shelby The PRESIDING OFFICER. The Sen- Fraternal Order of Police, the National Cornyn Kennedy Smith ator from Connecticut. District Attorneys Association, and Cortez Masto King Sullivan Mr. BLUMENTHAL. Mr. President, I Cotton Klobuchar Thune say thank you to my colleague Senator from all of the national groups oppos- Crapo Lankford Tillis ing this amendment because they be- Cruz Lee Toomey PORTMAN for his hard work. When we lieve it is so important to pass the un- Daines Manchin Warner began this legislation, no one gave us a derlying legislation and to do it now to Duckworth McConnell Warren chance because of the entrenched and Durbin Menendez Whitehouse provide the justice that the victims of Enzi Moran Wicker powerful interests against us. This human trafficking deserve. Ernst Murkowski Young measure will unlock the courthouse The PRESIDING OFFICER. The Sen- NOT VOTING—1 doors to survivors and to law enforce- ator from Oregon. ment who can stop sex trafficking—a McCain Mr. WYDEN. Mr. President, I believe scourge, modern-day slavery in this strongly that Congress must do more The PRESIDING OFFICER. On this country. I thank so many of my col- to combat the scourge of sex traf- vote, the yeas are 21, the nays are 78. leagues for cosponsoring it and for ficking and bring these monsters to Three-fifths of the Senators duly cho- helping to lead this effort that will justice and actually put them behind sen and sworn not having voted in the make a difference in the lives of count- bars. affirmative, the motion is rejected. less young girls and women and men I have heard my colleagues from the The point of order is sustained and who are victims and survivors. other side talk again and again about the amendment falls. The PRESIDING OFFICER. The Sen- how more resources are needed to fight The Senator from Oregon. ator from Oregon. this evil. This is the only proposal of- Mr. WYDEN. Mr. President, I ask Mr. WYDEN. Mr. President, as I stat- fered to actually put more dollars into unanimous consent to speak to the ed several hours ago, I stand firmly the hands of prosecutors to get the body for 1 minute. with colleagues who believe more must criminals behind bars, and it is going The PRESIDING OFFICER. Is there be done to fight the scourge of sex traf- to be harder to prosecute them now objection? ficking and, particularly, to put these that they have moved to the dark web. Without objection, it is so ordered. monsters behind bars. The bill before My colleague has said that prosecu- AMENDMENT NO. 2212 WITHDRAWN us, in my view, takes a flawed ap- tors are against it. It is because my Mr. WYDEN. Mr. President, in my proach. What is going to happen is that colleague has worked as hard as he view, it is clear that when colleagues the criminal sex trafficker is going to could to tell prosecutors that if any- face so much political headwind, they head toward the dark web. This is a thing like this is added, it is going to don’t feel comfortable supporting place you cannot access with a tradi- die in the House. Let me just tell my something I know they all believe in tional search engine. It is going to be colleague that when we put in more very deeply. I believe every Senator be- harder when they are in the shadowy money to prosecute these monsters and lieves there ought to be real money to corners of our country, of the internet, it passes, the other body will pass it in go after sex traffickers. I have spoken in order to prosecute them. It is also about 15 minutes. to colleagues on both sides of the aisle, going to chip away at the foundation of I urge my colleagues to vote for the and they have taken a real pounding on the net, which is so important for vul- only amendment that actually is going these amendments. My sense is that nerable people. It is why the Human to put these criminals behind bars be- there would also be opposition to what Rights Campaign Fund has made it

VerDate Sep 11 2014 01:29 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.027 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1872 CONGRESSIONAL RECORD — SENATE March 21, 2018 clear that they are opposed to the bill. Without objection, it is so ordered. truth behind why Black men were We shouldn’t be putting at risk vulner- The clerk will report the nomina- being lynched in the South. Ida B. able groups and small startups. tions en bloc. Wells’ work forced her from her home Given that, I believe that this bill, The bill clerk read the nominations in the South, and after traveling to which will clearly pass, will be some- of David J. Ryder, of New Jersey, to be New York and England, Ida settled in thing the Senate will come to deeply Director of the Mint for a term of five Chicago. regret. I will be opposing the bill. years; and Thomas E. Workman, of Among her many accomplishments, The PRESIDING OFFICER. The Sen- New York, to be a Member of the Fi- including helping launch the National ator’s time has expired. nancial Stability Oversight Council for Association of Colored Women and the The bill was ordered to a third read- a term of six years. National Association for the Advance- ing and was read the third time. Thereupon, the Senate proceeded to ment of Colored People, Ida B. Wells The PRESIDING OFFICER. The bill consider the nominations en bloc. became an early pioneer in social having been read the third time, the Mr. MCCONNELL. I ask unanimous work, fighting for justice and equality. question is, Shall the bill pass? consent that the Senate vote on the Following her death, the Chicago Hous- Mr. PORTMAN. I ask for the yeas nominations en bloc with no inter- ing Authority, recognizing the need for and nays. vening action or debate; that if con- affordable housing for African Ameri- The PRESIDING OFFICER. Is there a firmed, the motions to reconsider be cans in the late 1930s, began a project sufficient second? considered made and laid upon the to provide 1,662 apartments, two and There appears to be a sufficient sec- table en bloc; that the President be im- three story row houses, sitting on 47 ond. mediately notified of the Senate’s ac- acres of land in the Bronzeville and The clerk will call the roll. tion; that no further motions be in Oakland neighborhoods of Chicago. The legislative clerk called the roll. order; and that any statements relat- They were named the Ida B. Wells Mr. CORNYN. The following Senator ing to the nominations be printed in Homes. She certainly left her mark in is necessarily absent: the Senator from the RECORD. Chicago. Arizona (Mr. MCCAIN). The PRESIDING OFFICER. Without Not far from my Chicago office, Ida The result was announced—yeas 97, objection, it is so ordered. B. Wells is among the 65 women hon- nays 2, as follows: The question is, Will the Senate ad- ored in the Chicago Women’s Park & [Rollcall Vote No. 60 Leg.] vise and consent to the Ryder and Gardens. The park also includes a YEAS—97 Workman nominations en bloc? beautifully moving monument called ‘‘Helping Hands,’’ recognizing the con- Alexander Flake Murray The nominations were confirmed en Baldwin Gardner Nelson bloc. tributions and legacy of Jane Addams, Barrasso Gillibrand Perdue f one of the world’s most influential so- Bennet Graham Peters cial reformers. Blumenthal Grassley Portman LEGISLATIVE SESSION In 1888, Jane Addams and her friend Blunt Harris Reed Ellen Starr visited a settlement house Booker Hassan Risch Boozman Hatch Roberts called Toynbee Hall in the slums of Brown Heinrich MORNING BUSINESS Rounds London, which provided a variety of Burr Heitkamp Rubio Mr. MCCONNELL. Mr. President, I services to poor industrial workers. It Cantwell Heller Capito Hirono Sanders ask unanimous consent that the Sen- sparked what would become their life- Cardin Hoeven Sasse ate resume legislative session for a pe- long mission helping the poor and Schatz Carper Inhofe riod of morning business, with Sen- championing the rights of all, includ- Casey Isakson Schumer Cassidy Johnson Scott ators permitted to speak therein for up ing immigrants, women, and children. Cochran Jones Shaheen to 10 minutes each. Jane Addams and Ellen Starr were de- Collins Kaine Shelby The PRESIDING OFFICER. Without termined to bring that model to the Coons Kennedy Smith objection, it is so ordered. United States, which was emerging as Corker King Stabenow Cornyn Klobuchar Sullivan f an industrial giant and in the early Cortez Masto Lankford years of an immigration boom. Tester WOMEN’S HISTORY MONTH Cotton Leahy Thune In 1889, Jane Addams and Ellen Starr Crapo Lee Tillis Mr. DURBIN. Mr. President, during Cruz Manchin returned to Chicago and started Hull Toomey Women’s History Month, as we cele- House, the first settlement house in Daines Markey Udall Donnelly McCaskill Van Hollen brate the mothers, daughters, sisters, the United States. Its humble begin- Duckworth McConnell Warner and, for some of us, the granddaughters nings started by simply inviting people Durbin Menendez Warren Enzi Merkley in our lives, I would like to take a from the community to hear readings Ernst Moran Whitehouse minute and honor a few women from from books or look at slides of paint- Feinstein Murkowski Wicker my home State of Illinois. Young ings. They listened to those who came, Fischer Murphy During the nearly 170–year history of and it became clear that many of the NAYS—2 the New York Times, only about 15 to neighborhood’s women were in des- Paul Wyden 20 percent of its obituaries have been perate need for a place to bring their written for women. Earlier this month, NOT VOTING—1 children. So they started a kinder- the New York Times announced a new garten and daycare for working moth- McCain feature called ‘‘Overlooked,’’ cele- ers. As it expanded, Hull House helped The bill (H.R. 1865) was passed. brating the lives of people from under- prevent the exploitation of immigrants The PRESIDING OFFICER (Mr. represented communities. March, being living on the West Side of Chicago by GARDNER). The majority leader. Women’s History Month, the New York providing services such as housing, f Times started by publishing obituaries child, medical aid, educational, and vo- for 15 women who never received them. cational classes. EXECUTIVE SESSION The first on the list: Ida B. Wells. Now, In addition to her contributions in Ida is not from Illinois, but her incred- the field of social work, Jane Addams ible life’s journey brought her to Chi- was known as one of the leading EXECUTIVE CALENDAR cago near the end of the 19th century, antiwar activists in the country. Dur- Mr. MCCONNELL. Mr. President, I where she lived until her death in 1931. ing World War I, she became the chair ask unanimous consent that the Sen- Born into slavery, less than a year of the Women’s Peace Party and presi- ate proceed to executive session for the before the Emancipation Proclama- dent of the Women’s International en bloc consideration of the following tion, Ida B. Wells was an intrepid jour- League for Peace and Freedom. Jane nominations: Executive Calendar Nos. nalist and a trailblazing activist in the Addams’ efforts to end the war earned 596 and 671. Civil Rights and woman’s suffrage her the 1931 Nobel Peace, becoming the The PRESIDING OFFICER. Is there movements. Ida was recognized world- first American woman to receive the objection? wide for her writings exposing the honor.

VerDate Sep 11 2014 01:29 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.030 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 21, 2018 CONGRESSIONAL RECORD — SENATE S1873 In the spirit of these remarkable sion to come to America. Then came these clients is House of Design, a ro- women, I would like to fast forward to President Trump’s first Executive botics and systems firm located in today and mention the work of two of order—banning immigrants from seven Nampa. House of Design offers engi- my heroes who belong to the Sisters of majority-Muslim nations—including neering consulting, robotic system, and Mercy of the Americas religious order: Syria—from entering the United machine vision integration services Sister JoAnn Persch and Sister Pat States. Marwan’s wife and daughter’s across a variety of industries. Shane Murphy. Between the two of them, future in this country was unclear. Dittrich, the owner of House of Design, they have nearly 200 years of doing Fortunately, the President’s order was believes that his company would not be God’s work here on Earth. As was true blocked, and after 2 years of living where it is today without SBDC assist- in Jane Addams’ day, immigrants, ref- apart and in fear, the Saffaf family was ance. Since its inception in 2008, House ugees, and individuals seeking asylum finally reunited. Thank goodness for of Design has grown into one of the top so often arrive in our country and com- ‘‘the Sisters’’ and ICDI. engineering firms in the region and munities with urgent needs: food, We could use more strong, coura- now partners with multiple firms clothing, shelter. For years, they have geous women like Sister JoAnn Persch across Idaho to produce high-quality supported immigration reform, march- and Sister Pat Murphy who fearlessly engineering and robotics products. ing at rallies, speaking at news con- follow in the footsteps of trailblazing House of Design is an example of both ferences, and lobbying Illinois State women like Ida B. Wells and Jane Ad- the unique entrepreneurial spirit of senators and representatives in Spring- dams. This March, as we once again Idaho as well as the impact SBDCs field. They have become so well known honor the women who have moved this have on small businesses across Amer- in immigration circles, they are simply country forward and inspired each of ica. known as ‘‘the Sisters.’’ us, let’s renew the challenge to build I would like to thank and congratu- In 2007, when ‘‘the Sisters’’ were told on their legacies and fight for the late America’s small business develop- they couldn’t provide pastoral coun- country they envisioned. ment centers for their efforts this past year. The support they provide to seling to immigrant detainees in jails f and in the Federal Immigration Deten- small businesses across our country is tion Center on Broadview, they said: RECOGNIZING SMALL BUSINESS considerable, and it is my pleasure to ‘‘We’ll see about that.’’ So they found- DEVELOPMENT CENTERS recognize today, the March 21, 2018, as ed the Interfaith Committee for De- Mr. RISCH. Mr. President, today I SBDC Day. I wish them the best of tained Immigrants, or ICDI. The next would like to honor the exceptional luck and continued success as they year, the ICDI persuaded the Illinois impact made by America’s small busi- move forward in their work to enhance General Assembly to change the law ness development centers on the small American entrepreneurs. and allow immigrants, refugees, and business community. As chairman of Mr. CARDIN. Mr. President, today, as the ranking member of the Senate asylum-seekers in detention in my the Senate Committee on Small Busi- Committee on Small Business and En- home State to receive pastoral coun- ness and Entrepreneurship, I recognize trepreneurship, I wish to recognize seling, if they choose, and they didn’t the importance of the work done by the America’s small business development stop there. ICDI has since grown to nearly 1,000 small business develop- centers, SBDC, and the vital role this provide a broad range of services to im- ment centers across America. This national business assistance and coun- migrants who are detained and those SBA resource partner works tirelessly seling network plays in supporting eco- who are awaiting action on their cases, to support the backbone of our econ- nomic development, job creation, and from legal assistance and help learning omy, and we thank them for their sig- success at our Main Street small busi- English, to healthcare, and more. ICDI nificant contributions to our small nesses. business community. also runs two hospitality houses in the The mission of the nationwide SBDC America’s small business develop- Chicago area, one for men and the network is to help America’s entre- ment centers, or SBDCs, provide our other for women and children in Hyde preneurs realize the dream of country’s small businesses with high- Park. I have seen the good work being businessownership and assist existing quality consulting and educational pro- done in Hyde Park, and let me tell you, small businesses in adapting to the grams, at low or no-cost to the entre- Jane Addams would be proud. changing marketplace and compete in preneur. With centers in all 50 States, I will close with a story about one of the global economy. the many families that ICDI has this network supports both established SBDCs are hosted by universities, helped: the Saffaf family. Four years small businesses and developing entre- colleges, and State economic develop- ago, Marwan Saffaf was a banker, liv- preneurs alike. SBDCs help America’s ment agencies and funded in part by ing with his wife and their four chil- entrepreneurs develop and execute in- our Small Business Administration. dren in Hama, Syria, a town about 85 dividual business plans tailored to fit There are nearly 1,000 SBDC service miles from Aleppo. This was 2 years their needs, experience, and level of centers and 4,000 SBDC consultants into Assad’s bloody assault on the Syr- business acumen. available to provide free and low-cost ian people. Marwan knew that he and SBDC staff understand the unique business consulting and training to his family had to leave Syria after he local challenges of entrepreneurship help entrepreneurs write a business was kidnapped and threatened by gun- specific to their area which is one of plan, access capital, market their prod- men who mistook him for a govern- the many things that sets their serv- ucts, and recover when a disaster ment official. The family fled to the ices apart. This tailored approach bene- strikes. United Arab Emirates. fits nearly 500,000 entrepreneurs a year SBDCs offer a great return on invest- After 2 years, Marwan received per- and creates over 95,000 jobs annually. ment for taxpayers. It is estimated mission for most of his family to come Additionally, sales growth in SBDC cli- that SBDC small business clients cre- to America. But for some reason, his ents averages 13.6 percent, a rate four ate a new job every 5 minutes and a eldest child—his only daughter—was times greater than the national aver- new business every 30 minutes and gen- denied permission to join her younger age. These statistics demonstrate erate $100,000 in capital every 10 min- siblings. So Marwan and his wife made America’s small business development utes. Job growth for SBDC clients is one of the hardest decisions of their centers’ dedication to excellence, and I more than 14 times higher than job lives. Marwan and the boys would come congratulate them on their hard work. growth for an average business. to America. His wife and daughter In my home State of Idaho, the Idaho Last year, the Maryland SBDC at the would wait in the UAE for permission small business development center is University of Maryland in College Park to join them. With help from ICDI, determined to help businesses grow assisted almost 8,000 businesses, coun- Marwan and the boys found a new with consulting and training. Last seled 2,200 entrepreneurs, and helped home, an apartment in Des Plaines, IL, year, the Idaho SBDC achieved a re- train nearly 5,700 businessowners. and landed a new job. turn on investment of five to one, and Small business services provided by the Two years after Marwan and his boys created over 1,300 jobs. Their network Maryland SBDC led to the creation of arrived in Chicagoland, Marwan’s wife served over 1,600 clients and helped 208 businesses and 1,251 jobs and access and daughter finally received permis- start more than 100 businesses. One of to $49 million in capital.

VerDate Sep 11 2014 03:41 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.011 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1874 CONGRESSIONAL RECORD — SENATE March 21, 2018 Behind the statistics are real Mary- ized our Nation’s weather forecast sys- Friendly Sons of St. Patrick in New landers who realized their small busi- tem and took the first steps to make York City. ness dream with the help of an SBDC major capital investments in the Robert was a beloved husband to his consultant, like a women-owned res- NOAA fleet, we did so in a responsible wife, Mariella, and a dedicated father taurant in Baltimore called Flavor. manner. Jeremy helped ensure that our to his five children Mary Lou Kenny, In 2015, Julia and Vanna Belton went Nation’s fisheries are managed respon- Robert P. Burke, Laureen Flock, Susan to their local SBDC office for help se- sibly and was always able to thread the Quinn, and Claudia Cytrynbaum. Rob- curing a business loan. After months of needle in balancing the many differing ert had 15 grandchildren, and I have no tinkering with their business plan and interests. Jeremy’s passion for explo- doubt that his memory lives on adjusting their loan paperwork, their ration also helped guarantee that through each and every one of them.∑ SBDC consultant guided Julia and America has the vehicles and tech- f Vanna to approval on an $800,000 SBA nology to further explore space with loan they used to purchase and ren- telescopes, satellites, and humans. He MESSAGES FROM THE HOUSE ovate a building for their restaurant. assisted in building the space launch At 11:03 a.m., a message from the Today, the restaurant has $1.2 mil- system, but also kept an eye on the House of Representatives, delivered by lion in revenue and 30 full and part- next generation of scientific explo- Mr. Novotny, one of its reading clerks, time employees. Last year, they were ration—everything from the James announced that the House has passed named Maryland’s ‘‘2017 Women-owned Webb Space Telescope to Mars rovers the following bill, without amendment: Business of the Year.’’ to Europa. S. 2040. An act to designate the facility of Flavor is just one of the millions of Jeremy embraced the justice portion the United States Postal Service located at small businesses and entrepreneurs of the CJS portfolio by promoting pub- 621 Kansas Avenue in Atchison, Kansas, as who have been touched by America’s lic safety, overseeing the current home the ‘‘Amelia Earhart Post Office Building’’. Small business development centers of the FBI’s Terrorist Explosive Device The message also announced that the over the last 35 years. I ask my col- Analytical Center, and being instru- House has passed the following bills, in leagues to join me in recognizing the mental in implementing the Federal which it requests the concurrence of dedicated men and women of America’s Bureau of Investigation’s 21st century the Senate: small business development center net- facilities plan. H.R. 4463. An act to designate the facility work and to thank them for their com- Most importantly, Jeremy ap- of the United States Postal Service located mitment to the small businesses that proached his work with an essential ap- at 6 Doyers Street in New York, New York, drive the American economy. propriator’s attitude: Let’s get the job as the ‘‘Mabel Lee Memorial Post Office’’. Thank you. done. He was always ready to listen to H.R. 4566. An act to amend the Dodd-Frank Wall Street Reform and Consumer Protec- f members and their staffs, as well as ex- tion Act to provide relief to nonbanks from TRIBUTE TO JEREMY WEIRICH perts from the agencies and outside certain stress test requirements under such communities. Every year, Jeremy Act. Mr. SHELBY. Mr. President, today I worked tirelessly to craft a bill that ENROLLED BILL SIGNED wish to express my gratitude to Jer- garnered wide bipartisan support, and At 11:25 a.m., a message from the emy Weirich, who has served as clerk every year, he got the job done. House of Representatives, delivered by for the Appropriations Subcommittee As Jeremy leaves the Senate after a Mr. Novotny, one of its reading clerks, on Commerce, Justice, Science, and decade of hard work and dedicated pub- announced that the Speaker has signed Related Agencies, or CJS, for his many lic service, he leaves the Committee on the following enrolled bill: years of distinguished public service. Appropriations in a better place, with a Jeremy has dedicated much of his ca- long list of accomplishments that have S. 2030. An act to deem the compliance date for amended energy conservation stand- reer to public service. He first came to bettered our Nation. He also leaves the Senate in 2006 as a detailee from ards for ceiling fan light kits to be January many colleagues that are sad to see 21, 2020, and for other purposes. the National Oceanic and Atmospheric him go. The enrolled bill was subsequently Administration, NOAA, where he was I want to thank Jeremy for his hon- signed by the President pro tempore serving as an NOAA Corps officer. The orable service. I join the entire com- (Mr. HATCH). CJS Subcommittee needed an expert mittee in wishing him continued suc- on all things NOAA, and Jeremy was cess in his future endeavors and contin- f brought to our attention as someone ued happiness in the years to come. MEASURES REFERRED knowledgeable, capable, and ready to f take on the challenge. He did not dis- The following bills were read the first appoint. ADDITIONAL STATEMENTS and the second times by unanimous After his first stint at CJS, Jeremy consent, and referred as indicated: returned to NOAA, but his knowledge H.R. 4463. An act to designate the facility and skills brought him back to the REMEMBERING ROBERT JOSEPH of the United States Postal Service located Senate in 2008. He initially worked on BURKE at 6 Doyers Street in New York, New York, CJS for Senator Barbara Mikulski and ∑ Mr. MENENDEZ. Mr. President, as the ‘‘Mabel Lee Memorial Post Office’’; to then later as my subcommittee clerk. today I wish to honor the memory of the Committee on Homeland Security and Governmental Affairs. Jeremy is one of the few people on the the late Robert Joseph Burke of Hobo- H.R. 4566. An act to amend the Dodd-Frank Senate Appropriations Committee who ken, NJ, who passed away last month. Wall Street Reform and Consumer Protec- has served as a clerk for both sides of On this day, March 21, 2018, Mr. Burke tion Act to provide relief to nonbanks from the aisle. His honesty, integrity, and would have celebrated his 85th birth- certain stress test requirements under such thoughtfulness have assisted in moving day. I had the pleasure of knowing Act; to the Committee on Banking, Housing, legislation through difficult situations. Robert Burke personally, and I know and Urban Affairs. As can be witnessed by his dedicated that his legacy will continue to be cele- f work on behalf of both sides of the brated through the times he shared REPORTS OF COMMITTEES aisle, Jeremy is truly a consummate with us. professional. His dealings with the Mr. Burke was born in Yonkers, NY The following reports of committees members and staff in the Senate, both in 1933. He served our Nation in the were submitted: Republican and Democrat alike, are U.S. Army during the Korean war. By Ms. MURKOWSKI, from the Committee qualities that we all should strive to After his military service, Robert led a on Energy and Natural Resources, without emulate. successful business career as the chief amendment: Jeremy’s first love is the ocean, hav- executive officer of Union Dry Dock & S. 2213. A bill to authorize Pacific Historic Parks to establish a commemorative display ing served as the first executive officer Repair and the chairman of the Board to honor members of the United States of the Okeanos Explorer, as well as at of Hudson United Bancorp. Burke was Armed Forces who served in the Pacific The- NOAA. He carried that forward on CJS also active within the Irish-American ater of World War II, and for other purposes as he made sure that while we modern- community through the Society of the (Rept. No. 115–215).

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H.R. 4300. A bill to authorize Pacific His- By Mr. CORNYN (for himself, Mr. S. 1693 toric Parks to establish a commemorative HATCH, Mr. SULLIVAN, and Mrs. At the request of Mr. INHOFE, his display to honor members of the United FISCHER): States Armed Forces who served in the Pa- S. 2586. A bill to amend the Federal Water name was added as a cosponsor of S. cific Theater of World War II, and for other Pollution Control Act to increase the ability 1693, a bill to amend the Communica- purposes (Rept. No. 115–216). of a State to administer a permit program tions Act of 1934 to clarify that section By Mr. CORKER, from the Committee on under that Act, and for other purposes; to 230 of that Act does not prohibit the Foreign Relations, with an amendment in the Committee on Environment and Public enforcement against providers and the nature of a substitute and an amendment Works. users of interactive computer services to the title and with an amended preamble: By Mr. CORNYN (for himself, Mr. of Federal and State criminal and civil S. Res. 224. A resolution recognizing the HATCH, and Mr. SULLIVAN): 5th anniversary of the death of Oswaldo S. 2587. A bill to amend the Endangered law relating to sex trafficking. Paya Sardinas, and commemorating his leg- Species Act of 1973 to establish a program to At the request of Mr. PORTMAN, the acy and commitment to democratic values allow States to assume certain Federal re- name of the Senator from Georgia (Mr. and principles. sponsibilities under that Act with respect to S. Res. 376. A resolution urging the Gov- PERDUE) was added as a cosponsor of S. agency actions applicable to highway 1693, supra. ernments of Burma and Bangladesh to en- projects within the States, and for other pur- sure the safe, dignified, voluntary, and sus- poses; to the Committee on Environment and S. 1756 tainable return of the Rohingya refugees Public Works. who have been displaced by the campaign of By Mr. CORNYN (for himself, Mr. At the request of Mr. SULLIVAN, the ethnic cleansing conducted by the Burmese HATCH, and Mr. SULLIVAN): name of the Senator from Texas (Mr. military. S. 2588. A bill to amend title 54, United CORNYN) was added as a cosponsor of S. f States Code, to establish a program to allow 1756, a bill to improve the processes by States to assume certain Federal respon- which environmental documents are INTRODUCTION OF BILLS AND sibilities under that title with respect to JOINT RESOLUTIONS prepared and permits and applications agency actions applicable to highway are processed and regulated by Federal The following bills and joint resolu- projects within the States, and for other pur- poses; to the Committee on Environment and departments and agencies, and for tions were introduced, read the first other purposes. and second times by unanimous con- Public Works. sent, and referred as indicated: f S. 2135 By Mrs. ERNST: ADDITIONAL COSPONSORS At the request of Mr. CORNYN, the S. 2581. A bill to amend title 5, United name of the Senator from Missouri States Code, to provide for a 2-year prohibi- S. 283 (Mrs. MCCASKILL) was added as a co- tion on employment in a career civil service At the request of Ms. WARREN, her position for any former political appointee, name was added as a cosponsor of S. sponsor of S. 2135, a bill to enforce cur- and for other purposes; to the Committee on 283, a bill to amend title 38, United rent law regarding the National In- Homeland Security and Governmental Af- States Code, to provide for the treat- stant Criminal Background Check Sys- fairs. ment of veterans who participated in tem. By Ms. WARREN (for herself, Ms. HAS- the cleanup of Enewetak Atoll as radi- S. 2278 SAN, Mr. SANDERS, Ms. HARRIS, Ms. ation exposed veterans for purposes of BALDWIN, and Mrs. GILLIBRAND): At the request of Ms. HEITKAMP, the the presumption of service-connection S. 2582. A bill to provide health insurance name of the Senator from Washington reform, and for other purposes; to the Com- of certain disabilities by the Secretary (Mrs. MURRAY) was added as a cospon- mittee on Finance. of Veterans Affairs, and for other pur- sor of S. 2278, a bill to amend the Pub- By Mr. RUBIO (for himself and Mr. poses. COTTON): lic Health Service Act to provide S. 292 S. 2583. A bill to amend the Foreign Agents grants to improve health care in rural Registration Act of 1938 to limit the exemp- At the request of Mr. REED, the name areas. tion from the registration requirements of of the Senator from Washington (Mrs. such Act for persons engaging in activities in MURRAY) was added as a cosponsor of S. 2492 furtherance of bona fide religious, scholastic, S. 292, a bill to maximize discovery, At the request of Mr. TOOMEY, the academic, or scientific pursuits or the fine and accelerate development and avail- names of the Senator from Tennessee arts to activities which do not promote the ability, of promising childhood cancer (Mr. ALEXANDER) and the Senator from political agenda of a foreign government, to treatments, and for other purposes. amend the Higher Education Act of 1965 to Alabama (Mr. JONES) were added as co- clarify the disclosures of foreign gifts by in- S. 307 sponsors of S. 2492, a bill to provide for stitutions, and for other purposes; to the At the request of Mrs. ERNST, the the reporting to State and local law en- Committee on Foreign Relations. name of the Senator from Hawaii (Ms. forcement authorities of cases in which By Ms. BALDWIN (for herself, Mr. BEN- HIRONO) was added as a cosponsor of S. the national instant criminal back- NET, Mr. BOOKER, Mr. CARDIN, Mr. 307, a bill to enhance the database of ground check system indicates that a CARPER, Mr. CASEY, Mr. COONS, Mr. emergency response capabilities of the firearm has been sought to be acquired DURBIN, Mrs. FEINSTEIN, Mrs. GILLI- Department of Defense. by a prohibited person, so that authori- BRAND, Ms. HASSAN, Ms. HEITKAMP, ties may pursue criminal charges under Ms. HIRONO, Mr. JONES, Mr. KAINE, S. 427 Ms. KLOBUCHAR, Mr. LEAHY, Mr. MAR- At the request of Mr. SANDERS, the State law, and to ensure that the De- KEY, Mr. MURPHY, Mrs. MURRAY, Mr. name of the Senator from Oregon (Mr. partment of Justice reports to Con- REED, Ms. SMITH, Ms. STABENOW, Ms. MERKLEY) was added as a cosponsor of gress on prosecutions secured against WARREN, Mr. WHITEHOUSE, Mr. S. 427, a bill to enhance Social Security prohibited persons who attempt to ac- BLUMENTHAL, Ms. CANTWELL, Ms. benefits and ensure the long-term sol- quire a firearm. DUCKWORTH, Ms. HARRIS, Mr. MERKLEY, Mr. SANDERS, Mr. SCHATZ, vency of the Social Security program. S. 2513 S. 1400 Mrs. SHAHEEN, Mr. UDALL, Mr. VAN At the request of Mr. ALEXANDER, the HOLLEN, and Mr. WYDEN): At the request of Ms. BALDWIN, her name of the Senator from Alaska (Ms. S. 2584. A bill to end discrimination based name was added as a cosponsor of S. MURKOWSKI) was added as a cosponsor on actual or perceived sexual orientation or 1400, a bill to amend title 18, United gender identity in public schools, and for of S. 2513, a bill to improve school safe- other purposes; to the Committee on Health, States Code, to enhance protections of ty and mental health services. Education, Labor, and Pensions. Native American tangible cultural her- By Mr. DONNELLY (for himself and itage, and for other purposes. S. 2572 Mr. PORTMAN): S. 1539 At the request of Mr. CASEY, the S. 2585. A bill to amend the Water Re- At the request of Ms. KLOBUCHAR, the name of the Senator from Illinois (Mr. sources Development Act of 2000 to perma- names of the Senator from Alabama DURBIN) was added as a cosponsor of S. nently extend the authority of the Secretary of the Army to accept and expend funds from (Mr. JONES) and the Senator from Colo- 2572, a bill to amend the Elementary certain entities to process permits; to the rado (Mr. BENNET) were added as co- and Secondary Education Act of 1965 to Committee on Environment and Public sponsors of S. 1539, a bill to protect vic- address and take action to prevent bul- Works. tims of stalking from gun violence. lying and harassment of students.

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A bill to amend the Federal RESPONSIBILITIES RELATING TO HIGHWAY PROJECTS. to participate in the program, a State shall— Water Pollution Control Act to in- ‘‘(a) ESTABLISHMENT.— ‘‘(A) be participating in the surface trans- crease the ability of a State to admin- ‘‘(1) IN GENERAL.—The Secretary shall portation project delivery program under ister a permit program under that Act, carry out an assignment program (referred section 327 of title 23, United States Code; and for other purposes; to the Com- to in this section as the ‘program’) to allow and mittee on Environment and Public States to assume certain responsibilities of ‘‘(B) assume the responsibilities of the Sec- retary of Transportation under the National Works. the Secretary with respect to agency actions applicable to highway projects within the Environmental Policy Act of 1969 (42 U.S.C. Mr. CORNYN. Mr. President, I ask 4321 et seq.) pursuant to that section. unanimous consent that the text of the State. ‘‘(2) ASSUMPTION OF RESPONSIBILITY.— ‘‘(2) APPLICATION.—Not later than 270 days bill be printed in the RECORD. ‘‘(A) IN GENERAL.—Subject to the other re- after the date of enactment of this section, There being no objection, the text of quirements of this section, on written agree- the Secretary shall amend, as appropriate, the bill was ordered to be printed in ment of the Secretary and a State (which regulations that establish requirements re- the RECORD, as follows: may be in the form of a memorandum of un- lating to information required in any appli- S. 2586 derstanding), the Secretary may assign, and cation of a State to participate in the pro- gram, including, at a minimum— Be it enacted by the Senate and House of Rep- the State may assume, the responsibilities of ‘‘(A) the projects or classes of projects for resentatives of the United States of America in the Secretary under subsections (a) and (b) which the State anticipates exercising the Congress assembled, of section 7 with respect to agency actions (as defined in subsection (a)(2) of that sec- authority that may be granted under the SECTION 1. STATE ADMINISTRATION OF CERTAIN program; PERMITS UNDER FEDERAL WATER tion) that are applicable to 1 or more high- POLLUTION CONTROL ACT. way projects in the State. ‘‘(B) verification of the financial resources Section 404(g) of the Federal Water Pollu- ‘‘(B) ADDITIONAL RESPONSIBILITY.— necessary to carry out the authority that tion Control Act (33 U.S.C. 1344(g)) is amend- ‘‘(i) IN GENERAL.—If a State assumes re- may be granted under the program; and ed— sponsibility under subparagraph (A)— ‘‘(C) evidence of the notice and solicitation (1) in paragraph (1), in the second sentence, ‘‘(I) the Secretary may assign to the State, of public comment by the State relating to by striking ‘‘In addition, such State’’ and in- and the State may assume, all or part of the participation of the State in the program, in- serting the following: responsibilities of the Secretary described in cluding copies of comments received from ‘‘(B) REQUIREMENT.—In submitting a pro- that subparagraph for environmental review, that solicitation. posal to the Administrator under subpara- consultation, or other action required under ‘‘(3) PUBLIC NOTICE.— graph (A), the State’’; any Federal environmental law pertaining to ‘‘(A) IN GENERAL.—Each State that submits (2) by striking the subsection designation the review or approval of highway projects an application in accordance with the regu- and all that follows through ‘‘The Governor’’ described in the agreement referred to in lations described in paragraph (2) shall give in the first sentence of paragraph (1) and in- that subparagraph; and notice of the intent of the State to partici- serting the following: ‘‘(II) subject to clause (ii), on the request pate in the program by not later than 30 days ‘‘(g) STATE ADMINISTRATION.— of the State, the Secretary may also assign before the date of submission of the applica- ‘‘(1) STATE PERMIT PROGRAM.— to the State, and the State may assume, the tion. ‘‘(A) IN GENERAL.—The Governor’’; and responsibilities of the Secretary described in ‘‘(B) METHOD OF NOTICE AND SOLICITATION.— (3) in paragraph (1), by adding at the end that subparagraph for 1 or more railroad, The State shall provide notice and solicit the following: public transportation, or multimodal public comment under this paragraph by ‘‘(C) APPLICATIONS BY CERTAIN STATE DE- projects within the State. publishing the complete application of the PARTMENTS OF TRANSPORTATION.— ‘‘(ii) EXCLUSION OF PROJECTS.—In any State State in accordance with the appropriate ‘‘(i) IN GENERAL.—A State department of that assumes a responsibility of the Sec- public notice requirements of the State. transportation that has assumed the respon- retary under clause (i)(II), a recipient of as- ‘‘(4) SELECTION CRITERIA.—The Secretary sibilities of the Secretary of Transportation sistance under chapter 53 of title 49, United may approve the application of a State under under the National Environmental Policy States Code, may submit to the Secretary a this subsection only if— Act of 1969 (42 U.S.C. 4321 et seq.) under the request that the Secretary shall maintain ‘‘(A) any necessary changes to regulations surface transportation project delivery pro- the responsibility of the Secretary with re- pursuant to paragraph (2) have been carried gram under section 327 of title 23, United spect to 1 or more public transportation out; States Code, may apply to the Administrator projects carried out by the recipient in the ‘‘(B) the Secretary determines that the to administer an individual and general per- State. State has the capability, including financial mit program under subparagraph (A) with re- ‘‘(C) PROCEDURAL AND SUBSTANTIVE RE- and personnel, to assume the responsibility; spect to highway projects subject to that as- QUIREMENTS.—A State shall assume responsi- and sumption of responsibility. bility under this section subject to the same ‘‘(C) the head of the State agency with pri- ‘‘(ii) TREATMENT.—For the purpose of this procedural and substantive requirements as mary jurisdiction over highway matters en- subsection, a reference to a State shall be would apply if the responsibility were car- ters into a written agreement with the Sec- deemed to include a State department of ried out by the Secretary. retary, as described in subsection (c). transportation described in clause (i).’’. ‘‘(D) FEDERAL RESPONSIBILITY.—Any re- ‘‘(5) OTHER FEDERAL AGENCY VIEWS.—If a sponsibility of the Secretary that is not ex- State applies to assume a responsibility of By Mr. CORNYN (for himself, Mr. plicitly assumed by a State by written agree- the Secretary that would have required the HATCH, and Mr. SULLIVAN): ment under this section shall remain the re- Secretary to consult with another Federal S. 2587. A bill to amend the Endan- sponsibility of the Secretary. agency, the Secretary shall solicit the views gered Species Act of 1973 to establish a ‘‘(E) NO EFFECT ON AUTHORITY.—Nothing in of the Federal agency before approving the program to allow States to assume cer- this section preempts or interferes with any application of the State under this sub- section. tain Federal responsibilities under that power, jurisdiction, responsibility, or au- thority of a Federal agency (other than the ‘‘(c) WRITTEN AGREEMENT.—A written Act with respect to agency actions ap- United States Fish and Wildlife Service), ex- agreement under this section shall— plicable to highway projects within the cept with respect to an authority delegated ‘‘(1) be executed by— States, and for other purposes; to the by the Secretary pursuant to subparagraph ‘‘(A) the Governor of the applicable State; Committee on Environment and Public (A) under applicable law regarding a project or Works. or agency action described in subparagraph ‘‘(B) the top-ranking transportation offi- Mr. CORNYN. Mr. President, I ask (A) or (B). cial in the State who is charged with respon- unanimous consent that the text of the ‘‘(F) PRESERVATION OF FLEXIBILITY.—The sibility for highway construction; Secretary may not require a State, as a con- ‘‘(2) be in such form as the Secretary may bill be printed in the RECORD. There being no objection, the text of dition of participation in the program, to require; forgo a project delivery method that is oth- ‘‘(3) provide that the State— the bill was ordered to be printed in erwise permissible for a project described in ‘‘(A) agrees to assume all or part of the re- the RECORD, as follows: subparagraph (A) or (B). sponsibilities of the Secretary referred to in S. 2587 ‘‘(G) LEGAL FEES.—A State that assumes a subsection (a); Be it enacted by the Senate and House of Rep- responsibility of the Secretary under this ‘‘(B) expressly consents, on behalf of the resentatives of the United States of America in section for a project described in subpara- State, to accept the jurisdiction of the Fed- Congress assembled, graph (A) or (B) may use funds apportioned eral courts for the compliance, discharge,

VerDate Sep 11 2014 01:29 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.013 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 21, 2018 CONGRESSIONAL RECORD — SENATE S1877 and enforcement of any responsibility of the in consultation with the State, in accord- sultation with, and with the assistance of, Secretary assumed by the State; ance with subparagraph (B). the Secretary or a State that has assumed a ‘‘(C) certifies that State laws (including ‘‘(B) CONSULTATION.—Consultation with responsibility of the Secretary pursuant to regulations) are in effect that— the State under subparagraph (A) shall in- section 6A, as applicable, shall use the au- ‘‘(i) authorize the State to take the actions clude a reasonable opportunity for the State thorities of the department or agency in fur- necessary to carry out the responsibilities to review, and provide comments regarding, therance of the purposes of this Act by car- being assumed; and the proposed members of the audit team. rying out programs for the conservation of ‘‘(ii) are comparable to section 552 of title ‘‘(h) MONITORING.—After the end of the endangered species and threatened species 5, United States Code, including providing fourth year of the participation by a State in listed under section 4.’’; that any decision regarding the public avail- the program, the Secretary shall monitor (B) in paragraph (2)— ability of a document under those State laws compliance by the State with the written (i) in the second sentence, by striking ‘‘In is reviewable by a court of competent juris- agreement under subsection (c), including fulfilling’’ and inserting the following: diction; and the provision by the State of financial re- ‘‘(B) USE OF DATA.—In fulfilling’’; and ‘‘(D) agrees to maintain the financial re- sources to carry out the written agreement. (ii) by striking the paragraph designation sources necessary to carry out the respon- ‘‘(i) REPORT TO CONGRESS.—The Secretary and all that follows through ‘‘not likely’’ in shall submit to Congress an annual report sibilities being assumed; the first sentence and inserting the fol- that describes the administration of the pro- ‘‘(4) require the State to provide to the lowing: gram during the preceding calendar year. Secretary any information the Secretary ‘‘(2) AGENCY ACTIONS.— ‘‘(j) TERMINATION.— reasonably considers necessary to ensure ‘‘(A) IN GENERAL.—The head of each Fed- ‘‘(1) TERMINATION BY SECRETARY.—The Sec- eral department or agency, in consultation that the State is adequately carrying out the retary may terminate the participation of a responsibilities assigned to the State; with, and with the assistance of, the Sec- State in the program if— retary or a State that has assumed a respon- ‘‘(5) have a term of not more than 5 years; ‘‘(A) the Secretary determines that the and sibility of the Secretary pursuant to section State is not adequately carrying out the re- 6A, as applicable, shall ensure that any ac- ‘‘(6) be renewable. sponsibilities assigned to the State pursuant ‘‘(d) JURISDICTION.— tion authorized, funded, or carried out by the to this section; department or agency (referred to in this ‘‘(1) IN GENERAL.—The United States dis- ‘‘(B) the Secretary provides to the State— section as an ‘agency action’) is not likely’’; trict courts shall have exclusive jurisdiction ‘‘(i) a notification of the determination of over any civil action against a State for fail- and noncompliance; (C) in paragraphs (3) and (4), by inserting ure to carry out any responsibility assumed ‘‘(ii) a period of not less than 120 days to by the State pursuant to this section. ‘‘or a State that has assumed a responsi- take such corrective action as the Secretary bility of the Secretary pursuant to section ‘‘(2) LEGAL STANDARDS AND REQUIRE- determines to be necessary to comply with 6A, as applicable,’’ after ‘‘with the Sec- MENTS.—A civil action under paragraph (1) the applicable agreement; and retary’’ each place it appears; shall be governed by the legal standards and ‘‘(iii) on request of the Governor of the (2) in subsection (b)— requirements that would apply in such a State, a detailed description of each respon- (A) in paragraph (1)— civil action against the Secretary had the sibility in need of corrective action regard- (i) in subparagraph (A), by striking ‘‘with- Secretary taken the actions in question. ing an inadequacy identified under subpara- in the 90-day’’ and all that follows through ‘‘(3) INTERVENTION.—The Secretary shall graph (A); and the period at the end of the subparagraph have the right to intervene in any action de- ‘‘(C) the State, after the notification and and inserting the following: ‘‘within— scribed in paragraph (1). period for corrective action provided under ‘‘(i) the 90-day period beginning on the date ‘‘(e) EFFECT OF ASSUMPTION OF RESPONSI- subparagraph (B), fails to take satisfactory on which the consultation is initiated; or BILITY.—A State that assumes responsibility corrective action, as determined by the Sec- ‘‘(ii) subject to subparagraph (B), such under subsection (a)(2) shall be solely re- retary. other time period as is mutually agreeable sponsible and solely liable for carrying out, ‘‘(2) TERMINATION BY STATE.—The State to— in lieu of, and without further approval of, may terminate the participation of the State ‘‘(I) the Secretary or a State that has as- the Secretary, those responsibilities, until in the program at any time by providing to sumed a responsibility of the Secretary pur- the date on which the program is terminated the Secretary a notice, by not later than the suant to section 6A, as applicable; and in accordance with subsection (j). date that is 90 days before the date of termi- ‘‘(II) the head of the affected Federal de- ‘‘(f) LIMITATIONS ON AGREEMENTS.—Nothing nation, subject to such terms and conditions partment or agency.’’; and in this section permits a State to assume as the Secretary may provide. (ii) in subparagraph (B)— ‘‘(k) CAPACITY BUILDING.—The Secretary, any rulemaking authority of the Secretary (I) in the matter preceding clause (i), by in cooperation with representatives of State under any Federal law. striking ‘‘the Federal’’ and inserting ‘‘or a officials, may carry out education, training, ‘‘(g) AUDITS.— State that has assumed a responsibility of peer-exchange, and other initiatives as ap- ‘‘(1) IN GENERAL.—To ensure compliance by the Secretary pursuant to section 6A, as ap- propriate— a State with an agreement of the State plicable, and the head of the affected Federal ‘‘(1) to assist States in developing the ca- under subsection (c) (including compliance department or’’; and pacity to participate in the program; and by the State with all Federal laws for which (II) in the undesignated matter following ‘‘(2) to promote information sharing and responsibility is assumed under subsection clause (ii), by striking ‘‘The Secretary’’ and collaboration among States that are partici- (a)(2)), for each State participating in the all that follows through ‘‘before’’ and insert- pating in the program. program, the Secretary shall— ing the following: ‘‘(l) RELATIONSHIP TO LOCALLY ADMINIS- ‘‘(A) not later than 180 days after the date ‘‘(C) APPLICANT CONSENT.—The Secretary TERED PROJECTS.—A State granted authority of execution of the applicable agreement, under this section may, as appropriate and or a State that has assumed a responsibility meet with the State— on the request of a local government— of the Secretary pursuant to section 6A, as ‘‘(i) to review the implementation of the ‘‘(1) exercise that authority on behalf of applicable, and the head of the affected Fed- agreement; and the local government for a locally adminis- eral department or agency may mutually ‘‘(ii) to discuss plans for the first annual tered project; or agree to extend a consultation period estab- audit; ‘‘(2) provide guidance and training regard- lished under subparagraph (B) if the Sec- ‘‘(B) conduct annual audits during each of ing consolidating and minimizing the docu- retary or the State that has assumed respon- the first 4 years of State participation in the mentation and environmental analyses nec- sibility from the Secretary, as applicable, program; and essary for sponsors of a locally administered before’’; ‘‘(C) ensure that the time period for com- project to comply with— (B) in paragraph (2), by striking ‘‘agreeable pleting an annual audit, from initiation to ‘‘(A) section 7; and to’’ and all that follows through the period completion (including public comment and ‘‘(B) any comparable requirements under at the end of the paragraph and inserting the responses to those comments), does not ex- State law.’’. following: ‘‘agreeable to— ceed 180 days. (b) CONFORMING AMENDMENTS.—Section 7 of ‘‘(A) the Secretary or a State that has as- ‘‘(2) PUBLIC AVAILABILITY AND COMMENT.— the Endangered Species Act of 1973 (16 U.S.C. sumed a responsibility of the Secretary pur- ‘‘(A) IN GENERAL.—An audit conducted 1536) is amended— suant to section 6A, as applicable; under paragraph (1) shall be provided to the (1) in subsection (a)— ‘‘(B) the head of the affected Federal de- public for comment. (A) by striking paragraph (1) and inserting partment or agency; and ‘‘(B) RESPONSE.—Not later than 60 days the following: ‘‘(C) the applicant concerned.’’; after the date on which the period for public ‘‘(1) FEDERAL AGENCY ACTIONS.— (C) in paragraph (3)— comment ends, the Secretary shall respond ‘‘(A) IN GENERAL.—The Secretary shall— (i) in subparagraph (A)— to public comments received under subpara- ‘‘(i) review other programs administered by (I) by inserting ‘‘or a State that has as- graph (A). the Secretary; and sumed a responsibility of the Secretary pur- ‘‘(3) AUDIT TEAM.— ‘‘(ii) use those programs in furtherance of suant to section 6A, as applicable,’’ after ‘‘(A) IN GENERAL.—An audit conducted the purposes of this Act. ‘‘the Secretary’’ each place it appears; under paragraph (1) shall be carried out by ‘‘(B) OTHER AGENCIES.—The head of each (II) in the first sentence, by striking ‘‘the an audit team determined by the Secretary, other Federal department or agency, in con- Secretary’s opinion’’ and inserting ‘‘the

VerDate Sep 11 2014 01:29 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.019 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1878 CONGRESSIONAL RECORD — SENATE March 21, 2018 opinion of the Secretary or the State, respec- S. 2588. A bill to amend title 54, suant to subparagraph (A) under applicable tively,’’; and United States Code, to establish a pro- law regarding a project or agency action de- (III) in the second sentence, by striking gram to allow States to assume certain scribed in subparagraph (A) or (B). ‘‘he believes’’ and inserting ‘‘the Secretary Federal responsibilities under that ‘‘(F) PRESERVATION OF FLEXIBILITY.—The or the State, respectively, believes’’; and agency head may not require a State, as a (ii) in subparagraph (B)— title with respect to agency actions ap- condition of participation in the program, to (I) by striking ‘‘an opinion based by the plicable to highway projects within the forgo a project delivery method that is oth- Secretary incident to’’ and inserting ‘‘an States, and for other purposes; to the erwise permissible for a project described in opinion of the Secretary or a State that has Committee on Environment and Public subparagraph (A) or (B). assumed a responsibility of the Secretary Works. ‘‘(G) LEGAL FEES.—A State that assumes a pursuant to section 6A, as applicable, based Mr. CORNYN. Mr. President, I ask responsibility of an agency head under this on’’; and unanimous consent that the text of the section for a project described in subpara- (II) by striking ‘‘the Secretary reviews’’ graph (A) or (B) may use funds apportioned and inserting ‘‘the Secretary or the State, bill be printed in the RECORD. There being no objection, the text of to the State under section 104(b)(2) of title respectively, reviews’’; 23, as necessary, for attorneys’ fees directly (D) in paragraph (4)— the bill was ordered to be printed in attributable to eligible activities associated (i) in the undesignated matter following the RECORD, as follows: with the project. subparagraph (C), by striking ‘‘the Secretary S. 2588 ‘‘(b) STATE PARTICIPATION.— shall provide the Federal agency and the ap- Be it enacted by the Senate and House of Rep- ‘‘(1) PARTICIPATING STATES.—To be eligible plicant concerned, if any, with’’ and insert- resentatives of the United States of America in to participate in the program, a State shall— ing the following: Congress assembled, ‘‘(A) be participating in the surface trans- ‘‘(5) DESCRIPTION OF WRITTEN STATEMENT.— SECTION 1. ASSUMPTION BY STATES OF CERTAIN portation project delivery program under A written statement referred to in paragraph HISTORIC PRESERVATION RESPON- section 327 of title 23; and (4) is’’; SIBILITIES. ‘‘(B) assume the responsibilities of the Sec- (ii) by striking the paragraph designation (a) IN GENERAL.—Subchapter I of chapter retary of Transportation under the National and all that follows through ‘‘the Secretary’’ 3061 of title 54, United States Code, is amend- Environmental Policy Act of 1969 (42 U.S.C. in the matter preceding subparagraph (A) ed by adding at the end the following: 4321 et seq.) pursuant to that section. and inserting the following: ‘‘§ 306115. Assumption by States of certain re- ‘‘(2) APPLICATION.—Not later than 270 days ‘‘(4) REQUIREMENT ON CERTAIN CONCLU- sponsibilities relating to highway projects after the date of enactment of this section, SION.—The Secretary or a State that has as- ‘‘(a) ESTABLISHMENT.— the Secretary shall amend, as appropriate, sumed a responsibility of the Secretary pur- ‘‘(1) IN GENERAL.—The head of each agency regulations that establish requirements re- suant to section 6A, as applicable, shall pro- (referred to in this section as the ‘agency lating to information required in any appli- vide to the head of the affected Federal de- head’) shall carry out an assignment pro- cation of a State to participate in the pro- partment or agency and the applicant con- gram (referred to in this section as the ‘pro- gram, including, at a minimum— cerned, if any, a written statement described gram’) to allow States that are eligible ‘‘(A) the projects or classes of projects for in paragraph (5) if, after consultation under under subsection (b)(1) to assume certain re- which the State anticipates exercising the subsection (a)(2), the Secretary or the State, sponsibilities of the agency under section authority that may be granted under the respectively,’’; 306108 with respect to agency actions appli- program; (iii) in subparagraph (A), by striking cable to highway projects within the State. ‘‘(B) verification of the financial resources ‘‘which the Secretary believes’’ and inserting ‘‘(2) ASSUMPTION OF RESPONSIBILITY.— necessary to carry out the authority that ‘‘that the Secretary or the State, respec- ‘‘(A) IN GENERAL.—Subject to the other re- may be granted under the program; and tively, believes’’; and quirements of this section, on written agree- ‘‘(C) evidence of the notice and solicitation (iv) in subparagraph (C), by striking the ment of the agency head and a State (which of public comment by the State relating to semicolon at the end and inserting ‘‘(16 may be in the form of a memorandum of un- participation of the State in the program, in- U.S.C. 1371(a)(5)).’’; and derstanding), the agency head may assign, cluding copies of comments received from (E) in paragraph (5) (as designated by sub- and the State may assume, the responsibil- that solicitation. paragraph (D)(i))— ities of the agency head under section 306108 ‘‘(3) PUBLIC NOTICE.— (i) in each of clauses (i) and (ii)— with respect to the undertakings of the agen- ‘‘(A) IN GENERAL.—Each State that submits (I) by striking ‘‘such’’ each place it appears cy described in that section that are applica- an application in accordance with the regu- and inserting ‘‘the applicable’’; and ble to 1 or more highway projects in the lations described in paragraph (2) shall pro- (II) by striking the comma at the end of State. vide to the relevant agency head and publish the clause and inserting a semicolon; ‘‘(B) ADDITIONAL RESPONSIBILITY.— notice of the intent of the State to partici- (ii) in clause (iii), by striking ‘‘with regard ‘‘(i) IN GENERAL.—If a State assumes re- pate in the program by not later than 30 days to such taking, and’’ and inserting ‘‘(16 sponsibility under subparagraph (A), subject before the date of submission of the applica- U.S.C. 1371(a)(5)) with respect to the applica- to clause (ii), on the request of the State, the tion. ble taking; and’’; agency head may also assign to the State, ‘‘(B) METHOD OF NOTICE AND SOLICITATION.— (iii) in clause (iv), by striking ‘‘clauses (ii) and the State may assume, the responsibil- The State shall provide notice and solicit and (iii)’’ and inserting ‘‘subparagraphs (B) ities of the agency head described in that public comment under this paragraph by and (C)’’; and subparagraph for 1 or more railroad, public publishing the complete application of the (iv) by redesignating clauses (i) through transportation, or multimodal projects with- State in accordance with the appropriate (iv) as subparagraphs (A) through (D), re- in the State. public notice requirements of the State. spectively, and indenting the subparagraphs ‘‘(ii) EXCLUSION OF PROJECTS.—In any State ‘‘(4) SELECTION CRITERIA.—The agency head appropriately; that assumes a responsibility of the agency may approve the application of a State under (3) in subsection (e)— head under clause (i), a recipient of assist- this subsection only if— (A) in paragraph (3)(D), by striking ‘‘Agen- ance under chapter 53 of title 49, may submit ‘‘(A) any necessary changes to regulations cy. Agency.’’ and inserting ‘‘Agency.’’; and to the agency head a request that the agency pursuant to paragraph (2) have been carried (B) in paragraph (4)(B), by adding a period head shall maintain the responsibility of the out; at the end; and agency head with respect to 1 or more public ‘‘(B) the agency head determines that the (4) in subsection (f)(1), by inserting ‘‘or a transportation projects carried out by the State has the capability, including financial State that has assumed a responsibility of recipient in the State. and personnel, to assume the responsibility; the Secretary pursuant to section 6A, as ap- ‘‘(C) PROCEDURAL AND SUBSTANTIVE RE- and plicable’’ after ‘‘the Secretary’’. QUIREMENTS.—A State shall assume responsi- ‘‘(C) the head of the State agency with pri- (c) TECHNICAL AMENDMENTS.—The table of mary jurisdiction over highway matters en- contents of the Endangered Species Act of bility under this section subject to the same ters into a written agreement with the agen- 1973 (16 U.S.C. 1531 note) is amended— procedural and substantive requirements as cy head, as described in subsection (c). (1) by inserting after the item relating to would apply if the responsibility were car- ‘‘(5) OTHER AGENCY VIEWS.—If a State ap- section 6 the following: ried out by the agency head. ‘‘(D) FEDERAL RESPONSIBILITY.—Any re- plies to assume a responsibility of the agen- ‘‘Sec. 6A. Assumption by States of certain sponsibility of an agency head that is not ex- cy head that would have required the agency responsibilities relating to plicitly assumed by a State by written agree- head to consult with another agency, the highways.’’; ment under this section shall remain the re- agency head shall solicit the views of the and sponsibility of the agency head. other agency before approving the applica- (2) by adding at the end the following: ‘‘(E) NO EFFECT ON AUTHORITY.—Nothing in tion of the State under this subsection. ‘‘Sec. 18. Annual cost analysis by the Fish this section preempts or interferes with any ‘‘(c) WRITTEN AGREEMENT.—A written and Wildlife Service.’’. power, jurisdiction, responsibility, or au- agreement under this section shall— thority of the Secretary, the Council, or the ‘‘(1) be executed by— By Mr. CORNYN (for himself, Mr. applicable agency, except with respect to an ‘‘(A) the Governor of the applicable State; HATCH, and Mr. SULLIVAN): authority delegated by the agency head pur- or

VerDate Sep 11 2014 01:29 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.019 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 21, 2018 CONGRESSIONAL RECORD — SENATE S1879 ‘‘(B) the top-ranking transportation offi- responses to those comments), does not ex- mentation and environmental analyses nec- cial in the State who is charged with respon- ceed 180 days. essary for sponsors of a locally administered sibility for highway construction; ‘‘(2) PUBLIC AVAILABILITY AND COMMENT.— project to comply with— ‘‘(2) be in such form as the agency head ‘‘(A) IN GENERAL.—An audit conducted ‘‘(A) section 306108; and may require; under paragraph (1) shall be provided to the ‘‘(B) any comparable requirements under ‘‘(3) provide that the State— public for comment. State law.’’. ‘‘(A) agrees to assume all or part of the re- ‘‘(B) RESPONSE.—Not later than 60 days (b) TECHNICAL AMENDMENT.—The table of sponsibilities of the agency head referred to after the date on which the period for public sections for chapter 3061 of title 54, United in subsection (a); comment ends, the applicable agency head States Code, is amended by inserting after ‘‘(B) expressly consents, on behalf of the shall respond to public comments received the item relating to section 306114 the fol- State, to accept the jurisdiction of the Fed- under subparagraph (A). lowing: eral courts for the compliance, discharge, ‘‘(3) AUDIT TEAM.— ‘‘306115. Assumption by States of certain re- and enforcement of any responsibility of the ‘‘(A) IN GENERAL.—An audit conducted sponsibilities relating to high- agency head assumed by the State; under paragraph (1) shall be carried out by way projects.’’. ‘‘(C) certifies that State laws (including an audit team determined by the applicable f regulations) are in effect that— agency head, in consultation with the State, ‘‘(i) authorize the State to take the actions in accordance with subparagraph (B). AUTHORITY FOR COMMITTEES TO necessary to carry out the responsibilities ‘‘(B) CONSULTATION.—Consultation with MEET being assumed; and the State under subparagraph (A) shall in- ‘‘(ii) are comparable to section 552 of title clude a reasonable opportunity for the State Ms. MURKOWSKI. Mr. President, I 5, including providing that any decision re- to review, and provide comments regarding, have 11 requests for committees to garding the public availability of a docu- the proposed members of the audit team. meet during today’s session of the Sen- ment under those State laws is reviewable by ‘‘(h) MONITORING.—After the end of the ate. They have the approval of the Ma- a court of competent jurisdiction; and fourth year of the participation by a State in jority and Minority leaders. ‘‘(D) agrees to maintain the financial re- the program, the applicable agency head Pursuant to rule XXVI, paragraph sources necessary to carry out the respon- shall monitor compliance by the State with the written agreement under subsection (c), 5(a), of the Standing Rules of the Sen- sibilities being assumed; ate, the following committees are au- ‘‘(4) require the State to provide to the including the provision by the State of finan- agency head any information the agency cial resources to carry out the written agree- thorized to meet during today’s session head reasonably considers necessary to en- ment. of the Senate: sure that the State is adequately carrying ‘‘(i) REPORT TO CONGRESS.—The Secretary COMMITTEE ON BUDGET or the Council shall submit to Congress an out the responsibilities assigned to the The Committee on Budget is author- State; annual report that describes the administra- tion of the program during the preceding cal- ized to meet during the session of the ‘‘(5) have a term of not more than 5 years; Senate on Wednesday, March 21, 2018, and endar year. ‘‘(j) TERMINATION.— ‘‘(6) be renewable. at 10:30 a m. to conduct a hearing. ‘‘(1) TERMINATION BY AGENCY.—The applica- ‘‘(d) JURISDICTION.— COMMITTEE ON ENVIRONMENT AND PUBLIC ble agency head may terminate the partici- ‘‘(1) IN GENERAL.—The United States dis- WORKS pation of a State in the program if— trict courts shall have exclusive jurisdiction ‘‘(A) the agency head determines that the The Committee on Environment and over any civil action against a State for fail- State is not adequately carrying out the re- Public Works is authorized to meet ure to carry out any responsibility assumed sponsibilities assigned to the State pursuant during the session of the Senate on by the State pursuant to this section. to this section; Wednesday, March 21, 2018, at 10 a.m. to ‘‘(2) LEGAL STANDARDS AND REQUIRE- ‘‘(B) the agency head provides to the conduct a hearing. MENTS.—A civil action under paragraph (1) State— shall be governed by the legal standards and COMMITTEE ON FOREIGN RELATIONS ‘‘(i) a notification of the determination of requirements that would apply in such a The Committee on Foreign Relations noncompliance; civil action against the applicable agency ‘‘(ii) a period of not less than 120 days to is authorized to meet during the ses- head had the agency head taken the actions take such corrective action as the agency sion of the Senate on Wednesday, in question. head determines to be necessary to comply March 21, 2018, at 10 a.m. to conduct a ‘‘(3) INTERVENTION.—The applicable agency with the applicable agreement; and hearing on the following nominations head shall have the right to intervene in any ‘‘(iii) on request of the Governor of the action described in paragraph (1). Kirsten: Dawn Madison, of Florida, to State, a detailed description of each respon- be an Assistant Secretary (Inter- ‘‘(e) EFFECT OF ASSUMPTION OF RESPONSI- sibility in need of corrective action regard- BILITY.—A State that assumes responsibility national Narcotics and Law Enforce- ing an inadequacy identified under subpara- ment Affairs), and Thomas J. Hushek, under subsection (a)(2) shall be solely re- graph (A); and sponsible and solely liable for carrying out, ‘‘(C) the State, after the notification and of Wisconsin, to be Ambassador to the in lieu of, and without further approval of, period for corrective action provided under Republic of South Sudan, both of the the applicable agency head, those respon- subparagraph (B), fails to take satisfactory Department of State. sibilities, until the date on which the pro- corrective action, as determined by the COMMITTEE ON INDIAN AFFAIRS gram is terminated in accordance with sub- agency head. section (j). The Committee on Indian Affairs is ‘‘(2) TERMINATION BY STATE.—The State authorized to meet during the session ‘‘(f) LIMITATIONS ON AGREEMENTS.—Nothing may terminate the participation of the State in this section permits a State to assume in the program at any time by providing to of the Senate on Wednesday, March 21, any rulemaking authority of the Secretary the applicable agency head a notice, by not 2018, at 2:30 p.m. to conduct a hearing or the applicable agency head under any Fed- later than the date that is 90 days before the on S. 1250 and S. 2515. eral law. date of termination, subject to such terms COMMITTEE ON INDIAN AFFAIRS ‘‘(g) AUDITS.— and conditions as the agency head may pro- ‘‘(1) IN GENERAL.—To ensure compliance by The Committee on Indian Affairs is vide. authorized to meet during the session a State with an agreement of the State ‘‘(k) CAPACITY BUILDING.—The Council, in under subsection (c) (including compliance cooperation with representatives of State of- of the Senate on Wednesday, March 21, by the State with all Federal laws for which ficials, may carry out education, training, 2018, at 2:30 p.m. to conduct a hearing responsibility is assumed under subsection peer-exchange, and other initiatives as ap- entitled ‘‘The President’s FY2019 Budg- (a)(2)), for each State participating in the propriate— et Request for Indian Programs.’’ program, the applicable agency head shall— ‘‘(1) to assist States in developing the ca- COMMITTEE ON THE JUDICIARY ‘‘(A) not later than 180 days after the date pacity to participate in the program; and of execution of the applicable agreement, ‘‘(2) to promote information sharing and The Committee on the Judiciary is meet with the State— collaboration among States that are partici- authorized to meet during the session ‘‘(i) to review the implementation of the pating in the program. of the Senate on Wednesday, March 21, agreement; and ‘‘(l) RELATIONSHIP TO LOCALLY ADMINIS- 2018, at 10 a.m. to conduct a hearing on ‘‘(ii) to discuss plans for the first annual TERED PROJECTS.—A State granted authority the following nominations: Michael Y. audit; under this section may, as appropriate and Scudder, of Illinois, and Amy J. St. ‘‘(B) conduct annual audits during each of on the request of a local government— Eve, of Illinois, both to be a United the first 4 years of State participation in the ‘‘(1) exercise that authority on behalf of program; and the local government for a locally adminis- States Circuit Judge for the Seventh ‘‘(C) ensure that the time period for com- tered project; or Circuit, and Charles J. Williams, to be pleting an annual audit, from initiation to ‘‘(2) provide guidance and training regard- United States District Judge for the completion (including public comment and ing consolidating and minimizing the docu- Northern District of Iowa.

VerDate Sep 11 2014 01:29 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.020 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1880 CONGRESSIONAL RECORD — SENATE March 21, 2018 COMMITTEE ON VETERANS’ AFFAIRS ORDERS FOR THURSDAY, MARCH imagine you are going to get exactly The Committee on Veterans’ Affairs 22, 2018 the opposite story, where the only is authorized to meet during the ses- Mr. MCCONNELL. Mr. President, I thing that matters is how stupid this sion of the Senate on Wednesday, ask unanimous consent that when the call was to Vladimir Putin, and noth- March 21, 2018, at 2 p.m. to conduct a Senate completes its business today, it ing about the leaks. That isn’t helpful hearing. adjourn until 10:30 a.m., Thursday, for building a nation of 320 million peo- SELECT COMMITTEE ON INTELLIGENCE March 22; further, that following the ple who know what we stand for to- The Select Committee on Intel- prayer and pledge, the morning hour be gether. ligence is authorized to meet during deemed expired, the Journal of pro- Here is what is true. A President’s the session of the Senate on Wednes- ceedings be approved to date, and the staff shouldn’t leak. In cases of prin- day, March 21, 2018, at 9:30 a.m. to con- time for the two leaders be reserved for ciple, you may need to resign. So re- duct a hearing. their use later in the day. Finally, I sign. Do the right and honorable thing SUBCOMMITEE ON SEAPOWER ask that following leader remarks, the if you believe your conscience is com- The Subcommittee on Seapower of Senate be in a period of morning busi- pelled to do so, and resign your posi- the Committee on Armed Services is ness, with Senators permitted to speak tion and go out and publicly make a authorized to meet during the session therein for up to 10 minutes each. case for why a certain policy is failing. of the Senate on Wednesday, March 21, The PRESIDING OFFICER. Without But that is a different thing than anon- 2018, at 2:30 p.m. to conduct a hearing objection, it is so ordered. ymously leaking the information that on the nomination of John L. Ryder, of a President has—not just this Presi- Tennessee, to be a Member of the f dent, but that any President has—to Board of Directors of the Tennessee ORDER FOR ADJOURNMENT make his or her decisions, to deliberate Valley Authority. with their staff, to plot their actions. Mr. MCCONNELL. Mr. President, if SUBCOMMITEE ON STRATEGIC FORCES Leaks like this weaken us both at The Subcommittee on Strategic there is no further business to come be- home, in terms of public trust in our Forces of the Committee on Armed fore the Senate, I ask unanimous con- institutions and our public servants, Services is authorized to meet during sent that it stand adjourned under the and they weaken us abroad, in terms of the session of the Senate on Wednes- previous order, following the remarks whether or not we have any coherence day, March 21, 2018, at 2:30 p.m. to con- of Senators GRASSLEY, DURBIN, LEE, to who we are as a people and how we duct a hearing on the nomination of and SASSE. make our decisions. John L. Ryder, of Tennessee, to be a The PRESIDING OFFICER. Without Now, as to this decision to fail to Member of the Board of Directors of objection, it is so ordered. condemn Putin’s sham reelection, it is the Tennessee Valley Authority. The Senator from Nebraska. very foolhardy. Vladimir Putin is not a SUBCOMMITEE ON NEAR EAST, SOUTH ASIA, f friend. Vladimir Putin is a despot. The CENTRAL ASIA, AND COUNTERTERRORISM SIMPLE TRUTHS President of the United States was The Subcommittee on Near East, wrong to congratulate him, and the South Asia, Central Asia, and Counter- Mr. SASSE. Mr. President, yesterday White House Press Secretary was terrorism of the Committee on Foreign at the White House, two terrible things wrong to duck a simple question about Relations is authorized to meet during happened, and it shouldn’t be difficult whether or not Putin’s reelection was the session of the Senate on Wednes- to condemn both of these things at free and fair. day, March 21, 2018, at 2 p.m. to con- once. It was not. The American people duct a hearing entitled ‘‘What’s Next First, at the podium in the White know that, the Russian people know for Lebanon? Stability and Security House press room, it was suggested that, and the world knows that. Yester- Challenges’’. that the U.S. Government is unsure if day, when the White House refused to f Putin’s reelection was perhaps legiti- speak directly and clearly about this mate, free, and fair or that perhaps the matter, we were weakened as a nation, COMMEMORATING THE 150TH ANNI- United States is morally indifferent to VERSARY OF THE UNIVERSITY and a tyrant was strengthened. the question of whether Putin’s reelec- Around the world, there are two OF CALIFORNIA tion was fair, free, and legitimate. great symbols of America from this Mr. MCCONNELL. Mr. President, I It was not fair or free or legitimate, city. The first is the dome of the Cap- ask unanimous consent that the Judi- and it matters. itol, in which we stand. This building ciary Committee be discharged from The second horrible thing that hap- testifies to the strength of our self-gov- further consideration of S. Res. 438 and pened yesterday is that the President’s ernment and to our belief in inherent the Senate proceed to its immediate confidential briefing materials for his human dignity, but the other symbol consideration. call with Vladimir Putin were anony- that comes from this city that is The PRESIDING OFFICER. Without mously leaked to the public. That known around the world is the podium objection, it is so ordered. should not happen. The President’s in the White House press room. Tucked The clerk will report the resolution congratulatory call was terribly ill-ad- into a small room and surrounded by by title. vised, but that doesn’t change the fact The bill clerk read as follows: members of a free press, it is simply that the leaking of the confidential the free world’s biggest megaphone. It A resolution (S. Res. 438) commemorating briefing materials for his call was also the 150th anniversary of the University of symbolizes Americans commitment to California. wrong. the universal dignity not just of 320 There being no objection, the Senate It shouldn’t be difficult to say both million people—the citizens of this proceeded to consider the resolution. of these things. They are both true. So country—but to 7.6 billion men, Mr. MCCONNELL. Mr. President, I we should be able to say both of them women, and children across the globe. further ask unanimous consent that at once. Speaking clearly about tyrants is one the resolution be agreed to, the pre- Our people are very divided right of the things that we do. It is not seek- amble be agreed to, and the motions to now. They are unclear about who we ing monsters to destroy. For more than reconsider be considered made and laid are and how we conceive of ourselves 200 years, the American people have upon the table with no intervening ac- on the global stage. Our tribalism has clearly understood this. For more than tion or debate. run amok. If you listen to some of our 200 years, administrations of both par- The PRESIDING OFFICER. Without cable news today—I haven’t—I suspect ties have clearly understood this. objection, it is so ordered. that what you would find is that on At times in the past, previous admin- The resolution (S. Res. 438) was certain networks there is only discus- istrations have made mistakes. They agreed to. sion of the leaking and no discussion of have split hairs. They have smoothed The preamble was agreed to. what a terrible abandonment of Amer- edges. They have dodged. They have (The resolution, with its preamble, is ican foreign policy yesterday’s failure hedged. But what happened yesterday printed in the RECORD of March 19, 2018, to condemn Putin’s phony sham reelec- at the podium at the White House—the under ‘‘Submitted Resolutions.’’) tion was. And on the other networks, I dodge on Putin—broke with the basic

VerDate Sep 11 2014 01:29 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.022 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 21, 2018 CONGRESSIONAL RECORD — SENATE S1881 American moral tradition. It broke There I was speaking to this same In a time that increasingly prizes the faith with our core values, and it broke man 44 years later, and I was a junior quick profits and short-term vision, trust with freedom seekers across the member of his Appropriations Com- THAD COCHRAN has helped to protect globe. mittee. I knew that Appropriations, and increase America’s investments in This very day there are dissidents all under the House rules, had several scientific, technological, and medical over the globe struggling against to- members who were also represented on research. That is a proud part of the talitarian regimes in darkness. To the Budget Committee. So one day I legacy he leaves. them, America has always said and went to Chairman Whitten from Mis- His voice is common and quiet, but America still says: We see you. We sissippi and suggested to him that I don’t be fooled. When it comes to pro- stand with you. We may make long and wanted to be on the Budget Committee tecting the interests of his State or deliberate decisions about how we en- in the slot reserved for Appropriations this Nation, he is tenacious. gage in the world and about what par- members. Chairman Whitten looked That was never more apparent than ticular commitments are prudent to down at me and he asked: Why do you in the weeks and months after Hurri- exercise at different times with dif- want to be on the Budget Committee? cane Katrina pummeled the Mississippi ferent allies, but we have always spo- I said: I think it is good because the gulf coast and other States in 2005. ken unequivocally about the universal Budget Committee makes the spending Senator COCHRAN helped secure appro- dignity of 7.6 billion people. To those decisions and blueprints that Appro- priations that enabled thousands of who struggle, we have always said: We priations and other committees follow. homeowners in Mississippi to rebuild see you, and we stand with you. He kind of sat back in his chair and after their insurance companies turned These simple truths matter. The Chairman Whitten said to me: Well, if them down. moral responsibilities of the Office of you want to be on that committee, you As the former chairman and now the Presidency matter. When we don’t can be on that committee, but I want ranking member of the Appropriations affirm these basic truths, it is a failure you to remember one thing, the Budget Committee Defense Subcommittee, I to who we are, and it is a failure to do Committee deals in hallucinations and worked closely with Chairman COCH- what we do. It is a betrayal not just to the Appropriations Committee deals in RAN to protect critical national secu- rity priorities in my State of Illinois, the millions of people who were denied facts. and he has worked hard for his State. free and fair elections in Russia this I will never forget that exchange. I Behind every Senator, of course, week, but it is a failure to people all served on the Budget Committee and again in the Senate on the same Budg- there are hard-working staff members across the globe who are struggling in without whom we could not do our darkness against tyrants. et Committee, and I have come to be- jobs. Senator COCHRAN’s personal staff lieve that Chairman Whitten was not Each and every Member of this Sen- and his committee staff are first-rate that wrong in his conclusion. I call ate—all 100 of us—was elected in the public servants. I want to thank them that ‘‘Whitten’s Law.’’ It remains one kind of free and fair election that too. They have been part of a winning Vladimir Putin fears—the kind of elec- of the most important lessons I have team with Senator COCHRAN. Their tion that he would not win. Vladimir learned about the Federal budget. I have learned other lessons from hard work and loyalty on his behalf Putin is a coward. Vladimir Putin is a and on behalf of the Senate has served Mississippi politicians, and one of them despot. this Nation well. is a man by the name of THAD COCH- Just this month, Vladimir Putin I wasn’t surprised the other day when RAN, my colleague from the State of tried to assassinate a political dis- I learned that Senator COCHRAN had sident and his daughter on NATO soil Mississippi and one of my friends who been an Eagle Scout. I was surprised to in the UK. Given that we have taken an cochairs the Defense Appropriations learn, however, that he once failed in oath in this body, after our free and Subcommittee with me. I shouldn’t say pursuit of a Boy Scout merit badge as fair elections, to uphold and defend the cochairs; I am the ranking member on a young man. He learned a lesson from Constitution—given that—we ought that committee and he, of course, is that experience that he said has stayed not, in this body, find it difficult to say the chairman. THAD COCHRAN taught with him all his life: Always be pre- basic true things, like that we con- me and others many important lessons pared. demn leaks by the President’s staff about the Federal budget and about THAD COCHRAN’s adherence to that against him. We also condemn Vladi- public service in general. lesson, his remarkable skill as a nego- mir Putin’s sham election. We con- THAD COCHRAN is a man of humility tiator, and his deep integrity and hon- demn a Russian despot who aims to and integrity, and he is a man of his esty are qualities we could all do well make Soviet tyranny great again. word. He is a conservative Republican to emulate. I yield back. who values principle and cooperation I thank Senator THAD COCHRAN and The PRESIDING OFFICER. The Sen- over pointless confrontation. He pre- wish him all the best as he departs the ator from Illinois. fers common ground to scorched Earth Senate, and I thank him for his great Mr. DURBIN. Mr. President, I rise to because he knows it is better to build service to Mississippi and to America. on. speak in morning business. f The PRESIDING OFFICER. The Sen- Senator COCHRAN and I have served ator is recognized. together in the Senate for more than REMEMBERING LOUISE SLAUGHTER f two decades. For much of that time, we have both been on the Senate Appro- Mr. DURBIN. Mr. President, last TRIBUTE TO THAD COCHRAN priations Committee. He has been the week Congresswoman LOUISE SLAUGH- Mr. DURBIN. Mr. President, back in committee’s ranking member and TER of New York passed away after rep- 1985, I was a second-term Member of chairman twice. In all of those years, I resenting the Rochester area of that the House of Representatives and a can only think of a time or two when State for more than three decades. She member, I was proud to say, of the he and I disagreed so completely on an was tough, unfailingly gracious, and House Appropriations Committee. The issue that we found ourselves unable to wonderfully effective in helping people Committee chairman was a man by the find that principled compromise. Some throughout her life. name of Jamie Whitten. He was from may call that ‘‘old school.’’ I call it LOUISE carried titles you don’t see the State of Mississippi. He was a Mis- leadership in a representative democ- often around here. She was the sissippi Democrat. Yes, there used to racy. Congress’s only microbiologist. She be Mississippi Democrats. As a member and two-time chairman was also a blues and jazz singer as well. Jamie Whitten had been a witness to of the Senate Appropriations Com- She was a fighter, first and foremost, a great deal of American history. He mittee, Senator COCHRAN’s skill as a earning the respect of her colleagues was on the floor of the House as a negotiator has served Mississippi and and even those who disagreed with her. newly minted Congressman from Mis- the United States exceedingly well. He I have counted her as a friend and an sissippi on December 8, 1941, when has helped keep his State and our Na- ally in many causes. Franklin Roosevelt delivered his ‘‘Day tion strong and safe and economically She hailed from Harlan, KY, the of Infamy’’ speech. sound. daughter of a blacksmith in a coal

VerDate Sep 11 2014 07:29 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.032 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1882 CONGRESSIONAL RECORD — SENATE March 21, 2018 mine. LOUISE can trace her lineage to President Trump announced the end of while their applications for renewal are the legendary Daniel Boone, and you the program on September 5 of last pending and before those applications can hear it in her voice. year and gave us a deadline of March 5 are approved. She went to college and graduate of this year to come up with an alter- Then consider the fate of Dreamers school at the University of Kentucky native. Many of us, including the Pre- who are eligible for DACA but never to study microbiology and public siding Officer, battled mightily to do reached the necessary age to attain health to honor her sister who passed that—a bipartisan effort with com- that status. They can no longer apply away due to pneumonia at a young age. promise on both sides—but we never for DACA because President Trump’s She went on to serve in both the could come up with a proposal the decision prohibits them after Sep- Monroe County legislature and the President accepted. As a consequence, tember 5. If a child turns 15, the young- New York State Assembly before join- the destiny of the DACA recipients is est age at which they can apply for ing Congress in 1986 to represent the uncertain. DACA, they are now blocked from ap- Rochester New York area, which in- They are now temporarily protected plying because of the President’s deci- cludes the area around the historic by an injunction from two different sion. Seneca Falls Convention. Federal lawsuits—an injunction which The nonpartisan Migration Policy In- She was one of only 29 women in Con- could end in a matter of weeks or stitute estimates that in addition to gress when she first arrived and quick- months. In the meantime, their status 800,000 DACA recipients, there are an ly became a champion and a trailblazer is so uncertain that it is difficult for additional 1 million Dreamers eligible for the American worker and the them to make plans for their lives. for DACA. Because of President American women. That is where we are today. Trump’s decision to end DACA, 1.8 mil- LOUISE coauthored the landmark Vio- DACA has been a huge success. It is lion Dreamers are at risk of deporta- lence Against Women’s Act in 1994, a program designed to give those who tion and cannot work to support them- curbing domestic violence and aiding were brought here as children, tod- selves and contribute to the only coun- its victims. dlers, and infants an opportunity to be- try they know and the country they She also helped shepherd the Afford- come part of America—a legal part of love. able Care Act through Congress as the America—and an opportunity to one President Trump called on Congress very first woman to chair the House of day become citizens. to legalize DACA, but he has, unfortu- Representatives Rules Committee. DACA was an Executive order of nately, refused to accept six different LOUISE’s storied career has included President Obama’s which President bipartisan offers to achieve that. One defending her constituents against Big Trump has now abolished. There is no of those offers also included $25 billion Business and bringing national atten- protection, other than the court in- for his wall. Yet he wouldn’t accept it. junction for those who are facing the tion to pressing medical issues. She in- Let me tell my colleagues the story end of DACA. troduced the first legislation barring of one of these young people, as I have Yesterday, I convened a meeting with genetic discrimination in 1995. It fi- done before. I have come to the floor of some of my Senate colleagues with the nally became law in 2008. the Senate more than 110 times to tell She introduced a bill every Congress Secretary of Homeland Security, these stories. I just think when you to fight drug-resistant bacteria. Kirstjen Nielsen. Here is what we hear the stories of an individual, it In 2015, President Obama incor- learned: As of yesterday, more than helps us understand what the real issue porated parts of LOUISE SLAUGHTER’s 35,000 DACA renewal applications are is. plan to identify superbugs and in- pending because of these court orders. This is a photo of Irving Calderon. He creased funding for new antibiotics and Of these pending renewal applications, is the 112th Dreamer I have talked vaccines into the administration’s ini- 10,000 were from recipients whose about on the Senate floor. When he was tiative to encourage the responsible DACA protection had already expired. 7 months old, Irving was brought to the use of antibiotics in livestock. Tens of thousands more Dreamers have United States from Mexico by his par- LOUISE also introduced the first bill DACA protection due to expire soon. to ban insider training by Members of Around 13,000 DACA permits could ex- ents. He lived in California for 10 years Congress. pire in March, another 5,300 in April, and then moved to Texas where he cur- She did all of this, and some of it and nearly 14,000 more in May. rently lives. His childhood memories controversial, and still won the respect Understand what happens: When a include Disneyland, going to the beach, of her colleagues. person is protected by DACA and loses and celebrating Christmas and the I worked with her on many projects, that protection, technically, they can Fourth of July with his family. from the Bicameral High-Speed and be deported. In addition, they cannot Irving found out he was undocu- Intercity Passenger Rail Caucus, to de- legally continue to work in the United mented when he was 12 years old. At manding the Supreme Court adopt an States. first he didn’t believe it because he said ethics code. There is some good news, though. there is nothing about him that wasn’t It was not a coincidence that on the Secretary Nielsen promised me that American. Then, as he got older, he re- day when news of her passing broke, the Department of Homeland Security alized he couldn’t get a driver’s license, the words ‘‘nicest’’ and ‘‘Rochester’’ will not deport any DACA recipient he couldn’t work, he couldn’t save were trending on Twitter in Wash- with a pending DACA application, even money for college, but he didn’t give ington, DC. if their DACA status has expired. I up. Through all of her hard work, she thank her for that commitment, and I In high school, Irving maintained a was smart and kind and always funny. intend to hold her to that commit- 4.0 grade point average. He was a mem- She will be missed by her colleagues ment. Many lives are at stake. ber of the Honor Society and the stu- and friends and family, including her However, for DACA recipients whose dent council. He served as president of three daughters, Megan, Amy, and status has expired, that same Depart- the school’s chapter of the Future Emily Robin; seven grandchildren, ment will not authorize them to work Business Leaders of America, played Lauren, Daniel, Emma, Jackson, unless and until DACA is renewed, so varsity basketball and tennis. Mason, Linus, and Ione; and one great- there can be a gap in their employ- Because of his accomplishments, Ir- grandchild, Henry. ment. Understand that the people we ving was accepted into the University LOUISE was a great Congresswoman. I are talking about are not folks, by and of Texas at Austin. In college, he am going to miss her as a colleague large, with part-time jobs. They are served as director of the Hispanic Busi- and a friend. teachers. They are medical profes- ness Students Association, and under f sionals. Some of them are serving in his leadership, the group adopted a our military. street to clean. Irving organized events DACA What we now know about the expira- for underrepresented high school stu- Mr. DURBIN. Mr. President, this cri- tion of this work permit is that tens of dents and middle school students and sis we face in this country involving thousands of DACA-eligible individuals volunteered at an orphanage every DACA is a crisis that was created when could be forced to leave their jobs Thanksgiving.

VerDate Sep 11 2014 07:29 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.035 S21MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 21, 2018 CONGRESSIONAL RECORD — SENATE S1883 He graduated from the University of country. People like Irving Calderon putting them at risk of immediate de- Texas with a bachelor’s degree in busi- are the reason more than 400 business portation. ness administration. Thanks to leaders signed a letter to Congress urg- Mr. President, I yield the floor. DACA—created by President Obama ing us to pass a bipartisan Dream Act. f and then eliminated by President The letter and these business leaders Trump later—Irving was able to put his say: ADJOURNMENT UNTIL 10:30 A.M. degree to work. For the last 3 years, he Dreamers are vital to the future of our TOMORROW has worked as an information tech- companies and our economy. With them, we The PRESIDING OFFICER (Mr. LEE). nology business analyst at General Mo- grow and create jobs. They are part of why The Senate stands adjourned until 10:30 tors. He creates software systems for we will continue to have a global competi- a.m. tomorrow. tive advantage. one of the largest automakers in the Thereupon, the Senate, at 5:01 p.m., United States. President Trump created this crisis, adjourned until Thursday, March 22, He wrote me a letter, and here is but instead of working toward a solu- 2018, at 10:30 a.m. what he said: tion, he has sabotaged every effort we f I’ve always felt completely American. I’ve have tried to make on behalf of Dream- been here since I was 7 months old. It’s the ers. Now it is up to Republican leaders CONFIRMATIONS in Congress to take yes for an answer only place I know and the only place I’ve Executive nominations confirmed by ever considered home. Being an American is and accept any one of the six bipar- the Senate March 21, 2018: not something that is just given to you; it’s tisan solutions we put on the table to about the work you put in. . . . I feel that I save these young people. DEPARTMENT OF THE TREASURY have contributed to America. Congress should do our job and make DAVID J. RYDER, OF NEW JERSEY, TO BE DIRECTOR OF I do too. It would be an American the Dream Act the law of the land, or THE MINT FOR A TERM OF FIVE YEARS. tragedy to deport someone like Irving, we will be responsible for forcing hun- FINANCIAL STABILITY OVERSIGHT COUNCIL who has overcome so many obstacles dreds of thousands of talented young THOMAS E. WORKMAN, OF NEW YORK, TO BE A MEMBER OF THE FINANCIAL STABILITY OVERSIGHT COUNCIL FOR and has so much to contribute to our immigrants out of the workforce and A TERM OF SIX YEARS.

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OBSERVING EDUCATION AND HomeCare Physicians in Wheaton, Illinois and U.S. CONGRESS, SHARING DAY U.S.A. 2018 President of the American Academy of Home CONGRESSIONAL BUDGET OFFICE, Care Medicine. For over 20 years, Dr. Washington, DC, March 20, 2018. Hon. MICHAEL MCCAUL, HON. TOM McCLINTOCK Cornwell has been a champion of homecare Chairman, Committee on Homeland Security, OF CALIFORNIA medicine by bringing primary care to seniors House of Representatives, Washington, DC. IN THE HOUSE OF REPRESENTATIVES in the comfort of their own homes. Since founding his homecare practice, DEAR MR. CHAIRMAN: The Congressional Wednesday, March 21, 2018 Budget Office has prepared the enclosed cost HomeCare Physicians, in 1997, Dr. Cornwell estimate for H.R. 4176, the Air Cargo Secu- Mr. MCCLINTOCK. Mr. Speaker, on March has personally made over 32,000 house calls 27th, the United States will celebrate ‘‘Edu- rity Improvement Act of 2018. to more than 4,000 patients. His services en- If you wish further details on this esti- cation and Sharing Day U.S.A.’’ to recognize sure that his patients have convenient access the importance of excellence in education. mate, we will be pleased to provide them. to the care they need and save taxpayer dol- The CBO staff contact is Megan Carroll. Established in 1978 by a joint Congressional lars at the same time. resolution, Education Day U.S.A. focuses on Sincerely, Due to the leadership of Dr. Cornwell and KEITH HALL, Director. the very foundation of meaningful education: others like him the number of house-call visits Enclosure. instructing our youth in the ways of morality by physicians is increasing. In 1996, the New and ethics, and teaching them an appreciation England Journal of Medicine reported that H.R. 4176—AIR CARGO SECURITY IMPROVEMENT for divine inviolable values. These educational ACT OF 2018 physicians provided 984,000 house calls to principles are vital to the success of our nation Medicare beneficiaries annually. By 2005, the As passed by the House of Representatives as they prepare our students for the respon- number more than doubled to 2 million house on March 19, 2018 sibilities and opportunities of the future. Education and Sharing Day U.S.A. is cele- calls annually. SUMMARY Roughly 20 years after Dr. Cornwell made brated on the birthday of the Lubavitcher H.R. 4176 would require the Transportation Rebbe, Rabbi Menachem Mendel Schneerson, his first house call, he received $15 million in private funding to, as he puts it, ‘‘spread this Security Administration (TSA) to establish who dedicated his life to the betterment of an Air Cargo Division to carry out activities mankind. The Rebbe was a tireless advocate model of care.’’ Cornwell is tasked with using related to ensuring that cargo transported for youth around the world, emphasizing the the bulk of that money to teach others how to aboard passenger aircraft does not pose a importance of education and good character, do what he does so well. He notes that edu- threat to aviation security. The act also and instilling hope for a brighter future into cational programs about house call medicine would require TSA to study the feasibility of countless people in America and across the are sprouting up at institutions such as Johns expanding the use of certain types of explo- globe. Hopkins School of Medicine in Baltimore and sive-detection systems to screen air cargo the University of Illinois College of Medicine in and initiate a two-year pilot program to test The Rebbe taught that education should not such systems. H.R. 4176 also would require be limited to the acquisition of knowledge and Chicago. Mr. Speaker, and distinguished colleagues, TSA and the Government Accountability Of- preparation for a career; but should incor- fice to meet other administrative and report- porate the building of character, with emphasis please join me in recognizing and thanking Dr. ing requirements related to air cargo secu- on moral and ethical values that have been Thomas Cornwell for his selfless service to the rity. the bedrock of society from the dawn of civili- residents of DuPage County, Illinois and his Using information from TSA, CBO esti- zation, when they were known as the Seven contributions to seniors across the country. mates that implementing H.R. 4176 would Noahide Laws. f cost $7 million over the 2019–2022 period; such Education and Sharing Day U.S.A. is a rec- spending would be subject to appropriation. AIR CARGO SECURITY ognition of the importance of well-rounded IMPROVEMENT ACT OF 2018 Enacting H.R. 4176 would not affect direct education, and the contributions of the Rebbe. spending or revenues; therefore, pay-as-you- I am proud to observe Education and Sharing SPEECH OF go procedures do not apply. Day U.S.A. 2018. CBO estimates that enacting H.R. 4176 f HON. MICHAEL T. McCAUL would not increase net direct spending or on- OF TEXAS budget deficits in any of the four consecutive HONORING DR. THOMAS IN THE HOUSE OF REPRESENTATIVES 10-year periods beginning in 2028. CORNWELL Monday, March 19, 2018 H.R. 4176 contains no intergovernmental or private-sector mandates as defined in the Mr. MCCAUL. Mr. Speaker, I include in the HON. PETER J. ROSKAM Unfunded Mandates Reform Act (UMRA). RECORD the following cost estimate for H.R. OF ILLINOIS 4176, the Air Cargo Security Improvement Act ESTIMATED COST TO THE FEDERAL GOVERNMENT IN THE HOUSE OF REPRESENTATIVES of 2018, prepared by the Congressional Budg- Wednesday, March 21, 2018 The estimated budgetary effect of H.R. 4176 et Office, which was not made available to the is shown in the following table. The costs of Mr. ROSKAM. Mr. Speaker, I rise today to Committee at the time of filing of the legisla- this legislation fall within budget function recognize Dr. Thomas Cornwell, Founder of tive report. 400 (transportation).

By fiscal year, in millions of dollars— 2018– 2018 2019 2020 2021 2022 2022

INCREASES IN SPENDING SUBJECT TO APPROPRIATION Estimated Authorization Level ...... 0 1 3 3 0 7 Estimated Outlays ...... 0 1 3 3 0 7

BASIS OF ESTIMATE technologies to screen air cargo. Using infor- $500,000, bringing total costs to $7 million over the 2019–2022 period. CBO assumes H.R. 4176 will be enacted near mation from TSA about the cost of similar the start of fiscal year 2019 and that the nec- efforts, CBO estimates that the pilot pro- PAY-AS-YOU-GO CONSIDERATIONS essary funds will be appropriated each year. gram would begin late in 2019 and cost $6.5 None. CBO estimates that implementing H.R. million over a three-year period. Meeting INCREASE IN LONG-TERM DIRECT SPENDING AND 4176 would cost $7 million over the next five other administrative and reporting require- DEFICITS years—primarily for TSA to initiate a two- ments under the act would cost about CBO estimates that enacting H.R. 4176 year pilot program to test new and emerging would not increase net spending or on-budget

∑ 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 06:08 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K21MR8.001 E21MRPT1 dlhill on DSK3GLQ082PROD with REMARKS E352 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2018 deficits in any of the four consecutive 10- lenges. When the school first opened its VEHICULAR TERRORISM year periods beginning in 2028. doors, they did not have access to running PREVENTION ACT OF 2018 MANDATES water or modern heating. Today, the school H.R. 4176 contains no intergovernmental or provides its students with a state-of-the-art SPEECH OF private-sector mandates as defined in UMRA. computer lab, a lunchroom, and a modern HON. MICHAEL T. McCAUL ESTIMATE PREPARED BY gymnasium. OF TEXAS Federal Costs: Megan Carroll; Mandates: While the technological revolution has trans- IN THE HOUSE OF REPRESENTATIVES Jon Sperl. formed the way Washington Elementary ESTIMATE APPROVED BY School educates its students, there is no more Monday, March 19, 2018 H. Samuel Papenfuss, Deputy Assistant Di- significant impact than a changing demo- Mr. MCCAUL. Mr. Speaker, I include in the rector for Budget Analysis. graphic. Today, the school celebrates a robust RECORD the following cost estimate for H.R. f and diverse student body. According to Prin- 4227, the Vehicular Terrorism Prevention Act cipal Lori Brandes, the school now offers more of 2018, prepared by the Congressional Budg- IN RECOGNITION OF CITY MAN- dual-language classes than general education et Office, was not made available to the Com- AGER W. BRIAN HIATT AND HIS classes. Washington Elementary School’s abil- mittee at the time of filing of the legislative re- SERVICE TO THE CITY OF CON- ity to meet the needs of students makes it a port. CORD staple of the Elgin community. U.S. CONGRESS, Mr. Speaker, and distinguished colleagues, CONGRESSIONAL BUDGET OFFICE, HON. RICHARD HUDSON please join me in celebrating the 125th anni- Washington, DC, March 20, 2018. Hon. MICHAEL MCCAUL, OF NORTH CAROLINA versary of Washington Elementary School. Chairman, Committee on Homeland Security, IN THE HOUSE OF REPRESENTATIVES f House of Representatives, Washington, DC. Wednesday, March 21, 2018 XUEDAN FILLMORE DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost Mr. HUDSON. Mr. Speaker, today I rise to estimate for H.R. 4227, the Vehicular Ter- honor Concord City Manager W. Brian Hiatt HON. ED PERLMUTTER rorism Prevention Act of 2018. on nearly two decades of service to the City OF COLORADO If you wish further details on this esti- of Concord, North Carolina. IN THE HOUSE OF REPRESENTATIVES mate, we will be pleased to provide them. The CBO staff contact is Robert Reese. I’ve known Brian for many years, and Wednesday, March 21, 2018 throughout this time I have considered him a Sincerely, Mr. PERLMUTTER. Mr. Speaker, I rise KEITH HALL, Director. good friend. A lifelong North Carolina resident, today to recognize and applaud Xuedan Fill- Enclosure. Brian attended Appalachian State University more for receiving the Arvada Wheat Ridge H.R. 4227—VEHICULAR TERRORISM for his Bachelor of Science in History and Service Ambassadors for Youth award. PREVENTION ACT OF 2018 Government Service and went on to attend Xuedan Fillmore is a student at Pomona As reported by the House Committee on the University of North Carolina at Chapel Hill High School and received this award because Homeland Security on March 19, 2018 to receive his Master of Public Administration. her determination and hard work have allowed H.R. 4227 would direct the Department of After his education, Brian spent almost 20 her to overcome adversities. Homeland Security (DHS) to assess its cur- years working for both Guilford County and The dedication demonstrated by Xuedan rent activities related to supporting emer- the City of Hickory where he gained valuable Fillmore is exemplary of the type of achieve- gency response providers and the private sec- tor in preventing, mitigating, and respond- experience that enabled him as City Manager ment that can be attained with hard work and to help shape the City of Concord into the ing to vehicular terrorism. Following that perseverance. It is essential students at all assessment, DHS would be required to de- wonderful place it is today. levels strive to make the most of their edu- Over the years, Brian has been very active velop and submit to the Congress a strategy cation and develop a work ethic which will to improve its efforts. in our community serving on the boards of guide them for the rest of their lives. Using information from DHS on the effort Cabarrus Economic Development Corporation I extend my deepest congratulations to required to complete the assessment and and the Water and Sewer Authority of Xuedan Fillmore for winning the Arvada Wheat strategy, CBO estimates that implementing Cabarrus County, NC League of Municipali- Ridge Service Ambassadors for Youth award. H.R. 4227 would have no significant effect on ties, Hospice of Cabarrus County and the federal budget. I have no doubt she will exhibit the same dedi- Enacting H.R. 4227 would not affect direct Cabarrus County United Way. He is a Past- cation and character in all of her future ac- President of the Concord Rotary Club, where spending or revenues; therefore, pay-as-you- complishments. go procedures do not apply. he was named Rotarian of the Year in 2012, f CBO estimates that enacting H.R. 4227 Lake Hickory Rotary Club and the North Caro- would not increase net direct spending or on- lina City, County Management Association and HONORING JIM FRAM budget deficits in any of the four consecutive Academic Learning Center. 10-year periods beginning in 2028. Residing in Concord, Brian is married to HON. BRUCE WESTERMAN H.R. 4227 contains no intergovernmental or private-sector mandates as defined in the Julie, and they have two grown children, An- OF ARKANSAS drew and Erin. I am extremely grateful for Unfunded Mandates Reform Act. IN THE HOUSE OF REPRESENTATIVES The CBO staff contact for this estimate is Brian’s service to our community and I wish Wednesday, March 21, 2018 Robert Reese. The estimate was approved by him continued success. H. Samuel Papenfuss, Deputy Assistant Di- Mr. Speaker, please join me today in hon- Mr. WESTERMAN. Mr. Speaker, I rise today rector for Budget Analysis. to recognize the outstanding accomplishments oring my friend City Manager W. Brian Hiatt f for his unwavering commitment to public serv- of Jim Fram, who recently retired from his role ice. as president and CEO of the Greater Hot SHILAH FORSYTHE f Springs Chamber of Commerce and the Hot Springs Metro Partnership. HON. ED PERLMUTTER HONORING WASHINGTON ELEMEN- A dedicated professional, Jim brought more OF COLORADO TARY SCHOOL IN ELGIN, ILLI- than 30 years of economic development expe- IN THE HOUSE OF REPRESENTATIVES NOIS rience with him to Hot Springs, having pre- viously served in communities large and small Wednesday, March 21, 2018 HON. PETER J. ROSKAM from Lincoln, Nebraska, to Tulsa, Oklahoma. Mr. PERLMUTTER. Mr. Speaker, I rise OF ILLINOIS His expertise was vital as Hot Springs and today to recognize and applaud Shilah For- IN THE HOUSE OF REPRESENTATIVES Garland County looked to revitalize its down- sythe for receiving the Arvada Wheat Ridge town and expand its economic base. Service Ambassadors for Youth award. Wednesday, March 21, 2018 Jim’s support of businesses large and small Shilah Forsythe is a student at Two Roads Mr. ROSKAM. Mr. Speaker, I rise today to has paid off. The Garland County economy Charter School and received this award be- celebrate the 125th anniversary of Washington has grown under his stewardship of the cause her determination and hard work have Elementary School in Elgin, Illinois. Chamber. I thank him for his dedication to my allowed her to overcome adversities. Since its founding in 1892, Washington Ele- hometown and I wish him well in his next en- The dedication demonstrated by Shilah For- mentary School has overcome many chal- deavor. sythe is exemplary of the type of achievement

VerDate Sep 11 2014 07:02 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MR8.001 E21MRPT1 dlhill on DSK3GLQ082PROD with REMARKS March 21, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E353 that can be attained with hard work and perse- Valley and wishing her the very best in this TIANA GALLATIN verance. It is essential students at all levels next chapter of her life. strive to make the most of their education and HON. ED PERLMUTTER develop a work ethic which will guide them for f OF COLORADO the rest of their lives. IN THE HOUSE OF REPRESENTATIVES I extend my deepest congratulations to RECOGNIZING THE LIFE OF Shilah Forsythe for winning the Arvada Wheat THOMAS A. SPIESS Wednesday, March 21, 2018 Ridge Service Ambassadors for Youth award. Mr. PERLMUTTER. Mr. Speaker, I rise I have no doubt she will exhibit the same dedi- HON. MARCY KAPTUR today to recognize and applaud Tiana Gallatin cation and character in all of her future ac- for receiving the Arvada Wheat Ridge Service OF OHIO complishments. Ambassadors for Youth award. f IN THE HOUSE OF REPRESENTATIVES Tiana Gallatin is a student at Pomona High Wednesday, March 21, 2018 School and received this award because her IN RECOGNITION OF MS. KRISTINA determination and hard work have allowed her EMELIA NOELLE DUNKLIN Ms. KAPTUR. Mr. Speaker, I rise today to to overcome adversities. recognize the life of Tom Spiess, of Fayette, The dedication demonstrated by Tiana Gal- HON. DAVID G. VALADAO Ohio. Tom passed from this life on Friday, latin is exemplary of the type of achievement OF CALIFORNIA March 16, 2018 and today his family, friends that can be attained with hard work and perse- IN THE HOUSE OF REPRESENTATIVES and community gather to celebrate his verance. It is essential students at all levels homegoing. Wednesday, March 21, 2018 strive to make the most of their education and Tom Spiess was an outstanding community develop a work ethic which will guide them for Mr. VALADAO. Mr. Speaker, I rise today to leader. His life’s work was as an art teacher the rest of their lives. thank Kristina Emelia Noelle Dunklin for her at Gorham Fayette Schools, where he found- I extend my deepest congratulations to service to my office and the 21st Congres- ed the art club and the golf team. After thirty Tiana Gallatin for winning the Arvada Wheat sional District of California over the past five years as teacher and mentor, Tom retired Ridge Service Ambassadors for Youth award. years. from teaching in 2000. He then began a new I have no doubt she will exhibit the same dedi- Ms. Dunklin was born in Fresno, California career in ‘‘retirement’’ as the Village of Fayette cation and character in all of her future ac- to parents Marianne and Jerome R. Dunklin, Administrator, a position he held for six years. complishments. M.D. Growing up in the Central Valley with her A local history buff, Tom also found time to f brothers, Joseph and Jacob, Ms. Dunklin en- host Civil War reenactments in his backyard. joyed being active and challenging herself All the while, Tom was involved in many STRENGTHENING AVIATION academically as she played varsity soccer civic activities. He served on the Ohio Arts SECURITY ACT OF 2018 while attending San Joaquin Memorial High Council; was a founding member and execu- SPEECH OF School in Fresno. Following her graduation in tive director of the Fayette Community Fine 2008, Kristina attended Santa Clara University Arts Council; was integrally involved in the ac- HON. MICHAEL T. McCAUL where she was able to pursue her love for quisition and restoration of the Fayette Opera OF TEXAS helping others and giving back to the commu- House; served as chairman of Fulton County IN THE HOUSE OF REPRESENTATIVES nity by joining Kappa Kappa Gamma Sorority United Way; was president of the Gorham Monday, March 19, 2018 and serving as the Philanthropy Chair of the Fayette Teachers Association; president of the Eta Nu Chapter. During her time at Santa Fulton County Improvement Corporation; and Mr. MCCAUL. Mr. Speaker, the following Clara University, Kristina developed a strong was a member of the Fayette Chamber of cost estimate for H.R. 4467, the Strengthening interest in politics and gained firsthand experi- Commerce. A true servant leader, Tom was Aviation Security Act of 2018, prepared by the ence of grassroots politics by volunteering on an elder and board president at his Disciples Congressional Budget Office, which was not local campaigns. In March 2012, Ms. Dunklin of Christ Church, where he also taught Sun- made available to the Committee at the time graduated from Santa Clara with her Bachelor day school. Turning his grief into community of filing of the legislative report. of Science Degree in Political Science. help, Tom founded the Jon P. Spiess Memo- U.S. CONGRESS, Shortly after graduation, Kristina left Califor- rial Golf Tournament in memory of his son. CONGRESSIONAL BUDGET OFFICE, nia’s Central Valley and moved to Wash- Washington, DC, March 20, 2018. Tom was feted by his community as Fayette ington, D.C. to follow her passion of politics. Hon. MICHAEL MCCAUL, Citizen of the Year. He also received a Defi- Ms. Dunklin began her political career by Chairman, Committee on Homeland Security, ance College Alumni Achievement Award. quickly securing an internship with her home- House of Representatives, Washington, DC. These recognitions by his community were DEAR MR. CHAIRMAN: The Congressional town Congressman, DEVIN G. NUNES. Kristina most deserved and well earned. Budget Office has prepared the enclosed cost has been a member of my Congressional Born to George and Marjorie Spiess in estimate for H.R. 4467, the Strengthening team since 2012, first serving as Legislative Aviation Security Act of 2018. Correspondent and most recently, as Legisla- Wauseon, Ohio, Tom was a graduate of Delta If you wish further details on this esti- tive Director. Her thoughtful approach to High School. He went on to earn his under- mate, we will be pleased to provide them. crafting public policy combined with her ex- graduate degree from Defiance College and The CBO staff contact is Megan Carroll. pansive legislative knowledge made Ms. his Master’s degree from Sienna Heights Col- Sincerely, Dunklin an invaluable member of my team and lege. Tom and his wife Cherrie were married KEITH HALL, Director. Enclosure. a true public servant to the people of Califor- on December 28, 1968 and together raised nia’s Central Valley. four children. In addition to their son, Jon, their H.R. 4467—STRENGTHENING AVIATION SECURITY ACT OF 2018 Outside of work, Kristina enjoys spending children include Matthew, Mark and Elizabeth. time with her family, cooking recipes she We offer our sincere condolences to his wife As reported by the House Committee Homeland Security on March 19, 2018 learned from her grandmother, and skiing. and children, grandchildren, brother, in-laws This February, Ms. Dunklin’s time in my of- and friends. May they find some small comfort The Federal Air Marshal Service (FAMS), part of the Transportation Security Admin- fice came to an end as she moved on to a in their memories of this remarkable man and the gift of his life. Surely he will be greeted as istration (TSA), promotes the safety of the new role focused on one of her many pas- U.S. aviation system, particularly by pro- sions, healthcare policy, with Congresswoman in Matthew 25:23 ‘‘Well done, good and faith- tecting airline passengers and crewmembers SUSAN BROOKS of Indiana. While I am excited ful servant.’’ against the risk of criminal and terrorist vi- for Kristina to begin this new chapter, she will Tom’s generous, life giving spirit embraced olence. H.R. 4467 would require FAMS to use be greatly missed as a member of my team. his family, his community, and our nation. He a risk-based strategy when allocating re- Knowing Ms. Dunklin, her character and work was always building others. He cherished sources between international and domestic ethic, I have no doubt she will achieve many learning as fundamental to liberty and devoted flights, and to report to the Congress on its compliance with that requirement. great things in her future. himself to building an educated, engaged citi- Using information from TSA, CBO esti- Mr. Speaker, I ask my colleagues in the zenry. His creativity and genius will continue mates that implementing H.R. 4467 would United States House of Representatives to to flower in all his good works. Truly, he has not significantly affect the federal budget. join me in commending Kristina Dunklin for endowed a legacy to his family, community Because the bill’s requirements are con- her public service to the people of the Central and country. sistent with existing administrative policy,

VerDate Sep 11 2014 06:08 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K21MR8.005 E21MRPT1 dlhill on DSK3GLQ082PROD with REMARKS E354 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2018 CBO expects that any change in federal costs I extend my deepest congratulations to I extend my deepest congratulations to to meet them would be negligible. Such Keegan Gonsoir for winning the Arvada Wheat Rhina Guzman for winning the Arvada Wheat spending would be subject to appropriation. Ridge Service Ambassadors for Youth award. Ridge Service Ambassadors for Youth award. Enacting H.R. 4467 would not affect direct I have no doubt she will exhibit the same dedi- I have no doubt she will exhibit the same dedi- spending or revenues; therefore, pay-as-you- go procedures do not apply. cation and character in all of her future ac- cation and character in all of her future ac- CBO estimates that enacting H.R. 4467 complishments. complishments. would not increase net direct spending or on- f budget deficits in any of the four consecutive f 10-year periods beginning in 2028. HONORING PAMELA MAY LUND H.R. 4467 contains no intergovernmental or SURFACE TRANSPORTATION SECU- private-sector mandates as defined in the RITY IMPROVEMENT ACT OF 2018 Unfunded Mandates Reform Act. HON. CATHY McMORRIS RODGERS OF WASHINGTON The CBO staff contact for this estimate is SPEECH OF Megan Carroll. The estimate was approved IN THE HOUSE OF REPRESENTATIVES by H. Samuel Papenfuss, Deputy Assistant HON. MICHAEL T. McCAUL Director for Budget Analysis. Wednesday, March 21, 2018 OF TEXAS f Mrs. MCMORRIS RODGERS. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES I rise today to honor the career of Pam Lund, IN HONOR OF THE TOWN OF RUSH, Chief Executive Officer of the Girl Scouts of Monday, March 19, 2018 NEW YORK BICENTENNIAL ANNI- Eastern Washington and Northern Idaho VERSARY Mr. MCCAUL. Mr. Speaker, I include in the Council. Pam is retiring at the end of April RECORD the following cost estimate for H.R. after 11 years of service to the Girl Scouts. 5131, the Surface Transportation Security Im- HON. CHRIS COLLINS Pam’s career has taken her in numerous di- provement Act of 2018, prepared by the Con- OF NEW YORK rections including teaching, consulting and gressional Budget Office, which was not made IN THE HOUSE OF REPRESENTATIVES working for the Washington State Governor’s available to the Committee at the time of filing office coordinating their work-force training of the legislative report. Wednesday, March 21, 2018 programs. She used her experiences in these U.S. CONGRESS, Mr. COLLINS of New York. Mr. Speaker, I previous positions to grow the Girl Scouts Pro- CONGRESSIONAL BUDGET OFFICE, rise today to recognize the Town of Rush, gram in Eastern Washington and North Idaho. Washington, DC, March 20, 2018. New York for their Bicentennial Anniversary, Today, the programs in this region have over Hon. MICHAEL MCCAUL, which took place on March 13, 2018. 3,200 girls participating in these programs, Chairman, Committee on Homeland Security, The Town of Rush is located in Monroe aimed at building girls of courage, confidence, House of Representatives, Washington, DC. County near Rochester, New York, the third and character who make the world a better DEAR MR. CHAIRMAN: The Congressional place. Budget Office has prepared the enclosed cost largest city in New York. Home to nearly 3,500 estimate for H.R. 5131, the Surface Transpor- people, Rush, New York prides itself on its During her tenure, she successfully merged tation Security Improvement Act of 2018. rich history, and suburban community feel. two councils into the current council structure. If you wish further details on this esti- As an Eagle Scout, I believe it is important She also nurtured the council through financial mate, we will be pleased to provide them. to enjoy the outdoors, and preserve it for fu- crisis to a position of financial health and The CBO staff contact is Megan Carroll. ture generations to come. Rush, New York of- strength. She was also responsible for gar- Sincerely, fers many opportunities to do just that, wheth- nering vital donor support to revitalize Camp KEITH HALL, Director. er it be hiking on the Lehigh Valley Trail, or Four Echoes, creating a hallmark property for Enclosure. viewing native wildlife in Rush Oak Openings. the girls, the council, and the community to H.R. 5131—SURFACE TRANSPORTATION Rush is also home to the New York Mu- enjoy. She has attracted and developed a tal- SECURITY IMPROVEMENT ACT OF 2018 seum of Transportation and Rochester and ented staff that is ready, willing, and able to As reported by the House Committee Genesee Valley Railroad Museum. Families elevate the Girl Scout mission and programs Homeland Security on March 19, 2018 and train enthusiasts from across the country to the next level. H.R. 5131 would require the Transportation can see everything from the largest collection Pam describes her role with the Girl Scouts Security Administration (TSA) to complete of historic trains in New York State, to antique to be one of an encourager, a leader and a a variety of reports, analyses, and other ad- trolley cars. change agent. I appreciate her dedication and ministrative activities aimed at promoting I thank the Town of Rush for their commit- years of service to this organization and I the security of surface transportation sys- know that her impact will be long felt among tems. The bill also would require the Govern- ment to preserving 200 years of history, and ment Accountability Office (GAO) to review I congratulate them on their Bicentennial Anni- young women and troop leaders involved in the status of certain existing efforts related versary. Girl Scouts. to surface transportation security. Under f f current law, TSA oversees, regulates, and co- ordinates with operators of surface transpor- KEEGAN GONSOIR RHINA GUZMAN tation systems to safeguard those systems. CBO estimates that imple1nenting H.R. 5131 would not significantly affect the fed- HON. ED PERLMUTTER HON. ED PERLMUTTER eral budget. Some of the bill’s provisions OF COLORADO OF COLORADO would require TSA to expand existing ef- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES forts, but using information from the agen- cy, CBO expects that any increase in federal Wednesday, March 21, 2018 Wednesday, March 21, 2018 spending (including costs incurred by GAO) Mr. PERLMUTTER. Mr. Speaker, I rise under the bill would total less than $500,000. Mr. PERLMUTTER. Mr. Speaker, I rise Such spending would be subject to appropria- today to recognize and applaud Keegan today to recognize and applaud Rhina tion. Gonsoir for receiving the Arvada Wheat Ridge Guzman for receiving the Arvada Wheat Ridge Enacting H.R. 5131 would not affect direct Service Ambassadors for Youth award. Service Ambassadors for Youth award. spending or revenues; therefore, pay-as-you- Keegan Gonsoir is a student at Two Roads Rhina Guzman is a student at Arvada West go procedures do not apply. Charter School and received this award be- High School and received this award because CBO estimates that enacting H.R. 5131 cause her determination and hard work have her determination and hard work have allowed would not increase net direct spending or on- allowed her to overcome adversities. her to overcome adversities. budget deficits in any of the four consecutive The dedication demonstrated by Keegan The dedication demonstrated by Rhina 10-year periods beginning in 2028. Gonsoir is exemplary of the type of achieve- Guzman is exemplary of the type of achieve- H.R. 5131 contains no intergovernmental or private-sector mandates as defined in the ment that can be attained with hard work and ment that can be attained with hard work and Unfunded Mandates Reform Act perseverance. It is essential students at all perseverance. It is essential students at all The CBO staff contact for this estimate is levels strive to make the most of their edu- levels strive to make the most of their edu- Megan Carroll. The estimate was approved cation and develop a work ethic which will cation and develop a work ethic which will by H. Samuel Papenfuss, Deputy Assistant guide them for the rest of their lives. guide them for the rest of their lives. Director for Budget Analysis.

VerDate Sep 11 2014 07:09 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A21MR8.007 E21MRPT1 dlhill on DSK3GLQ082PROD with REMARKS March 21, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E355 TANIA HOLGUIN HERNANDEZ The dedication demonstrated by Yamile LAUREN LAWLESS Hernandez is exemplary of the type of HON. ED PERLMUTTER achievement that can be attained with hard HON. ED PERLMUTTER OF COLORADO work and perseverance. It is essential stu- OF COLORADO IN THE HOUSE OF REPRESENTATIVES dents at all levels strive to make the most of IN THE HOUSE OF REPRESENTATIVES their education and develop a work ethic Wednesday, March 21, 2018 Wednesday, March 21, 2018 which will guide them for the rest of their lives. Mr. PERLMUTTER. Mr. Speaker, I rise I extend my deepest congratulations to Mr. PERLMUTTER. Mr. Speaker, I rise today to recognize and applaud Tania Holguin Yamile Hernandez for winning the Arvada today to recognize and applaud Lauren Law- Hernandez for receiving the Arvada Wheat Wheat Ridge Service Ambassadors for Youth less for receiving the Arvada Wheat Ridge Ridge Service Ambassadors for Youth award. award. I have no doubt she will exhibit the Service Ambassadors for Youth award. Lauren Lawless is a student at Pomona Tania Holguin Hernandez is a student at same dedication and character in all of her fu- High School and received this award because Drake Middle School and received this award ture accomplishments. because her determination and hard work her determination and hard work have allowed her to overcome adversities. have allowed her to overcome adversities. f The dedication demonstrated by Tania The dedication demonstrated by Lauren Holguin Hernandez is exemplary of the type of RECOGNIZING THE LIFE OF FRANK Lawless is exemplary of the type of achieve- achievement that can be attained with hard J. PIASECKI, SR. ment that can be attained with hard work and work and perseverance. It is essential stu- perseverance. It is essential students at all dents at all levels strive to make the most of levels strive to make the most of their edu- their education and develop a work ethic HON. MARCY KAPTUR cation and develop a work ethic which will which will guide them for the rest of their lives. OF OHIO guide them for the rest of their lives. I extend my deepest congratulations to I extend my deepest congratulations to IN THE HOUSE OF REPRESENTATIVES Tania Holguin Hernandez for winning the Ar- Lauren Lawless for winning the Arvada Wheat vada Wheat Ridge Service Ambassadors for Wednesday, March 21, 2018 Ridge Service Ambassadors for Youth award. Youth award. I have no doubt she will exhibit Ms. KAPTUR. Mr. Speaker, I rise today to I have no doubt she will exhibit the same dedi- the same dedication and character in all of her recognize the life of Frank J. Piasecki, of To- cation and character in all of her future ac- future accomplishments. ledo, Ohio. Mr. Piasecki passed from this life complishments. f at the age of 91 years on March 5, 2018. He f HONORING JOSIE FERNANDEZ was a lifelong neighbor and constructive force COST ESTIMATE ON H.R. 5081, THE across our community. SURFACE TRANSPORTATION SE- HON. BRUCE WESTERMAN Born to parents Casper and Emily, Frank CURITY AND TECHNOLOGY AC- graduated from Woodward High School. Fol- OF ARKANSAS COUNTABILITY ACT OF 2018 lowing his graduation he was a proud member IN THE HOUSE OF REPRESENTATIVES of the United States Marine Corps and served Wednesday, March 21, 2018 HON. MICHAEL T. McCAUL as a gunner during World War II. After the OF TEXAS Mr. WESTERMAN. Mr. Speaker, I rise today war, on September 14, 1946, Frank and his IN THE HOUSE OF REPRESENTATIVES to congratulate Hot Springs National Park Su- wife Donna were married and together raised Wednesday, March 21, 2018 perintendent Josie Fernandez on a well- four children. Frank and Donna shared their earned retirement. lives together for a remarkable 71 years. Mr. MCCAUL. Mr. Speaker, I include in the A fixture in the Hot Springs community for Frank Piasecki loved to repair cars, and he RECORD the following cost estimate for H.R. more than a decade, Josie poured her heart opened Piasecki’s Service Inc, which has be- 5081, the Surface Transportation Security and and soul into her work as superintendent of come a fixture in the Reynolds Corners neigh- Technology Accountability Act of 2018, pre- one of America’s oldest national parks. She borhood. A compassionate businessman dedi- pared by the Congressional Budget Office, led efforts to restore historic bathhouses along cated to his community, Frank also served on which was not made available to the Com- Central Avenue, bringing life to the core of Hot the Reynolds Corners Adams Township Fire mittee at the time of filing of the legislative re- Springs National Park while raising needed Department for many years. The business re- port. revenue. Her work was both innovative and mains an anchor in the neighborhood, even as U.S. CONGRESS, welcome by the community. the next generation continues to grow it. The CONGRESSIONAL BUDGET OFFICE, In addition to restoration efforts, Josie has Washington, DC, March 20, 2018. family’s honesty and integrity are well-known. Hon. MICHAEL MCCAUL, joined with community leaders and groups to Even while operating a business and raising Chairman, Committee on Homeland Security, make Hot Springs National Park a true partner a family, Frank Piasecki was a motorcycle en- House of Representatives, Washington DC. in the greater Hot Springs community. thusiast and enjoyed shooting, leading to his DEAR MR. CHAIRMAN: The Congressional When she retires, Josie will end more than lifelong membership in the NRA and the Budget Office has prepared the enclosed cost a decade of service to the Hot Springs com- American Motorcycle Association. In fact, dur- estimate for H.R. 5081, the Surface Transpor- tation Security and Technology Account- munity and a quarter century of service to the ing his racing days he was the 1952 winner of Parks Service. Her service to our country ex- ability Act of 2018. the Jack Pine Enduro. Frank also was in- If you wish further detail on this estimate, tends beyond the Parks Service, having re- volved in the Adams Conservation Club, we will be pleased to provide them. The CBO tired as a colonel in the Air Force Reserve. where he coached the Junior Program. A staff contact is Megan Carroll. I thank Josie for her dedication and wish her proud veteran, Frank was long a member of Sincerely, well as she begins her next journey. American Legion Post 553. An avid bowler, KEITH HALL, Director f Frank finally bowled a perfect game at the age Enclosure. of 71. H.R. 5081—SURFACE TRANSPORTATION SECU- YAMILE HERNANDEZ RITY AND TECHNOLOGY ACCOUNTABILITY ACT Frank Piasecki leaves a legacy through his OF 2018 HON. ED PERLMUTTER honorable service to our nation in the U.S. As reported by the House Committee on Marine Corps during World War II, his re- OF COLORADO Homeland Security on March 19, 2018 spected records in the highly competitive IN THE HOUSE OF REPRESENTATIVES H.R. 5081 would direct the Administrator of world of racing, his lifetime of community the Transportation Security Administration Wednesday, March 21, 2018 minded business practices in building forward (TSA) to establish a Surface Transportation Mr. PERLMUTTER. Mr. Speaker, I rise the Reynolds Corners community, and his ex- Security Advisory Committee. The bill today to recognize and applaud Yamile Her- emplary life as a husband, father, grandfather would specify details related to the composi- nandez for receiving the Arvada Wheat Ridge and great-grandfather. Truly, his lasting legacy tion and responsibilities of that committee, Service Ambassadors for Youth award. is that of his family. He leaves to cherish his and it would require TSA to consult the committee when developing the agency’s Yamile Hernandez is a student at Jefferson memory his wife and children, grandchildren plan for making investments in security-re- High School and received this award because and great-grandchildren, and many friends. lated technology. her determination and hard work have allowed We offer our sincere condolences, and hope Using information from the agency about her to overcome adversities. they find comfort in the gift of Frank’s life. the costs of similar activities, CBO expects

VerDate Sep 11 2014 06:08 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K21MR8.009 E21MRPT1 dlhill on DSK3GLQ082PROD with REMARKS E356 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2018 that any increased costs to establish and former Chief Prosecutor for Cuyahoga County, crash landed in the frigid North Sea. As soon support the proposed advisory committee Tubbs Jones was the first African-American as the plane hit the water, the crew members would not exceed $500,000 annually. Such woman elected to the House of Representa- proceeded to abandon the aircraft and pull out spending would be subject to appropriation. Enacting the bill would not affect direct tives from the State of Ohio. As a Member of the two life rafts, but only one fully inflated. spending or revenues; therefore, pay-as-you- Congress, she fought tirelessly to expand The pilot and radio operator swam for the par- go procedures do not apply. health care coverage, support the re-entry of tially inflated raft, but the pilot succumbed to CBO estimates that enacting H.R. 5081 the formerly incarcerated into their commu- the cold and passed away, and the radio oper- would not increase net direct spending or on- nities and halt predatory lending practices. ator was dragged into the sea where he was budget deficit in any of the four consecutive These women have left indelible footprints lost. 10-year periods beginning in 2028. The rest of the crew swam for the closer, H.R. 5081 contains no intergovernmental or in the history of America, and exemplify the private-sector mandates as defined in the determination and courage of black women. fully inflated raft. Sergeant Cook, the first to Unfunded Mandates Reform Act. Notably, they shared another common bond make it, helped four other crewmembers into The CBO staff contact for this estimate is through Delta Sigma Theta Sorority, Inc. They the overcrowded raft, while two men stayed in Megan Carroll. The estimate was approved were trailblazers whose labor too often goes the water. Edward Field, the navigator who by H. Samuel Papenfuss, Deputy Assistant unmentioned, but this month WE CELE- stayed in the water, began to push their raft Director for Budget Analysis. BRATE. towards the second raft. After thirty minutes in f I thank Ida B. Wells, Barbara Jordan, Shir- the water, Edward Field became numb, and ley Chisholm, and Stephanie Tubbs Jones for said that he could no longer hold on. 2018: THE YEAR OF THE BLACK their contributions to our country, and for Jack Coleman Cook got into the water so WOMAN being inspiring examples for so many, not just Edward Field could take his spot in the raft, where he continuously swam for forty-five min- SPEECH OF Black women. I see them. I salute them. I honor them. utes until they reached the second raft. Shortly HON. MARCIA L. FUDGE f after, Air-Sea rescue reached their position, OF OHIO but Sergeant Cook had little life left in him, IN THE HOUSE OF REPRESENTATIVES SKYLAH MARROGUIN and he passed away on the boat. Monday, March 19, 2018 Sergeant Cook selflessly sacrificed his own HON. ED PERLMUTTER life so Edward Field and his fellow crew- Ms. FUDGE. Mr. Speaker, I rise to highlight members could live. Those men returned to the legacies of some Black history makers as OF COLORADO IN THE HOUSE OF REPRESENTATIVES duty only four weeks after the crash, where a tribute to them during Women’s History they bravely fought through the rest of the Wednesday, March 21, 2018 Month. war. I speak of women who paved the way for Mr. PERLMUTTER. Mr. Speaker, I rise Jack Coleman Cook is a true American hero other Black women and me to stand in the today to recognize and applaud Skylah who showed bravery and courage in a time of U.S. House of Representatives advocating for Marroguin for receiving the Arvada Wheat great circumstance. He gave his life for his fel- the benefit of our constituents. Women who Ridge Service Ambassadors for Youth award. low man, and for this, we remember him over stood their ground, fought for justice and Skylah Marroguin is a student at Standley seventy years later. It is with great pride that broke through glass ceilings. Lake High School and received this award be- I honor Jack Coleman Cook. Black women like Ida B. Wells, who fought cause her determination and hard work have f against lynching in the south during a time allowed her to overcome adversities. when remaining quiet would have been easy The dedication demonstrated by Skylah SYDNEY MORRIS and a lot safer. Ida B. Wells saw what we Marroguin is exemplary of the type of achieve- called ‘‘low hanging fruit’’ and waged war ment that can be attained with hard work and HON. ED PERLMUTTER against the murderous practice and the hood- perseverance. It is essential students at all OF COLORADO ed cowards who hung those fruit. She gave levels strive to make the most of their edu- IN THE HOUSE OF REPRESENTATIVES new meaning to the phrase ‘‘the pen is mighti- cation and develop a work ethic which will Wednesday, March 21, 2018 er than the sword.’’ guide them for the rest of their lives. Women like Barbara Jordan—the Gentle- Mr. PERLMUTTER. Mr. Speaker, I rise I extend my deepest congratulations to today to recognize and applaud Sydney Morris woman from Texas—who was the first Black Skylah Marroguin for winning the Arvada woman to be elected to the Texas Senate for receiving the Arvada Wheat Ridge Service Wheat Ridge Service Ambassadors for Youth Ambassadors for Youth award. (1966) and to later serve as State Senate award. I have no doubt she will exhibit the President Pro Tem. She was also the first Afri- Sydney Morris is a student at Standley Lake same dedication and character in all of her fu- High School and received this award because can American woman from the Deep South to ture accomplishments. be elected to the U.S. House of Representa- her determination and hard work have allowed f tives. her to overcome adversities. Like Ida B. Wells, Congresswoman Jordan HONORING SERGEANT JACK COLE- The dedication demonstrated by Sydney saw injustice and took action. She helped cre- MAN COOK OF HOT SPRINGS, AR- Morris is exemplary of the type of achieve- ate the first minimum wage bill in Texas, and KANSAS ment that can be attained with hard work and the state’s Fair Employment Practices Com- perseverance. It is essential students at all mission. As a member of the House Judiciary HON. BRUCE WESTERMAN levels strive to make the most of their edu- Committee during the Watergate hearings, cation and develop a work ethic which will OF ARKANSAS guide them for the rest of their lives. Barbara Jordan showed the world her strength IN THE HOUSE OF REPRESENTATIVES as a guiding figure on the committee despite I extend my deepest congratulations to Syd- being a freshman member. She stood her Wednesday, March 21, 2018 ney Morris for winning the Arvada Wheat ground among her colleagues, strongly advo- Mr. WESTERMAN. Mr. Speaker, I rise today Ridge Service Ambassadors for Youth award. cating for the sanctity of the Constitution and to recognize Sergeant Jack Coleman Cook of I have no doubt she will exhibit the same dedi- President Nixon’s impeachment. Hot Springs, Arkansas, for his heroic actions cation and character in all of her future ac- Another of my sheroes is Shirley Chis- in World War II when he selflessly sacrificed complishments. holm—unbought and unbossed. The first his own life to save his fellow airmen. f Black woman elected to the United States Sergeant Cook was a ball turret gunner on TRIBUTE TO THE LIFE AND LEG- Congress (1968), Shirley represented Brook- a B–17 Flying Fortress, the ‘‘Challenger,’’ with ACY OF MALLIEVE LENORA lyn, New York for seven terms and was a the 384th Bomb Group. On February 3, 1945, WICKER BREEDING founder of the Congressional Black Caucus in the 384th Bomb Group participated in a mis- 1969. She broke through the presidential can- sion to bomb the Tempelhof Railroad Marshal- HON. TERRI A. SEWELL didates’ glass ceiling in 1972 when she be- ling Yards in Berlin. During the mission, the OF ALABAMA Challenger was hit by flak, damaging multiple came the first African American to seek a IN THE HOUSE OF REPRESENTATIVES major party nomination—the Democratic engines, gas tanks, and the fuselage, but left Party—for President of the United States. the crew unharmed. Wednesday, March 21, 2018 Last, but not least, I salute my dear friend As they made their way back to base in Ms. SEWELL of Alabama. Mr. Speaker, I and predecessor Stephanie Tubbs Jones. A England, their plane began losing altitude and rise today to honor the extraordinary life and

VerDate Sep 11 2014 06:08 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MR8.013 E21MRPT1 dlhill on DSK3GLQ082PROD with REMARKS March 21, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E357 legacy of the late Mallieve Lenora Wicker RECOGNIZING THE 25TH ANNIVER- lar Congress invests in the National Park Breeding. Breeding was a beloved member of SARY OF FIRST BAPTIST CHRIS- Service effectively returns $10 to the United the Selma community, investing hours in the TIAN ACADEMY States economy. city’s school system and the development of Our national parks, national forests, and her community. HON. BRIAN BABIN public lands and waters conserve natural re- sources, inspire young people, offer unique Breeding was born to Mr. and Mrs. Charles OF TEXAS IN THE HOUSE OF REPRESENTATIVES moments for all to enjoy, and encourage con- Albert Wicker, on August 29, 1921, as one of servation of our shared environment. Unfortu- three children. Breeding grew up under- Wednesday, March 21, 2018 nately, many public campgrounds on our pub- standing the importance of a good education. Mr. BABIN. Mr. Speaker, I rise today to rec- lic lands and waters today face backlogged Her parents often stressed that a quality edu- ognize First Baptist Christian Academy maintenance, deteriorating infrastructure, and cation was the key to improving one’s lot in (FBCA) of Pasadena, Texas on its 25th anni- struggle to meet the needs of modern day visi- life. versary. tors. The American-made recreation vehicle As a proud graduate of Tremont High Through the vision of Dr. Charles Redmond (RV) industry is a domestic job-creating and School in Selma, Breeding took her parents’ and the members of First Baptist Church, thriving industry that contributes over advice to heart, and matriculated at Hun- FBCA opened its doors to 45 Pre-K through $50,000,000,000 to the United States econ- tingdon College, in Montgomery, AL. It was second grade students and five teachers in omy and supports over 300,000 American during this time when Breeding met and mar- August of 1993. FBCA’s first graduating class jobs. We must improve and modernize our na- ried the love of her life, USAF Lieutenant received its diplomas in May of 2003. Cur- tional parks, national forests, and public lands Colonel Charles Norton Breeding. Lt. Col. rently, FBCA hosts 600 students and offers a and waters to adequately facilitate outdoor en- Breeding was an instructor at the Maxwell Air variety of award-winning extracurricular activi- thusiast and RV visitors. Force Base and the two met while Breeding ties including academics, athletics, and fine As a Co-Chair of the RV Caucus and an was serving as a hostess on behalf of Hun- arts. FBCA’s dedication to its students is ex- outdoor enthusiast, today I proudly introduced emplified by a 99 percent graduation rate for a House Resolution expressing the sense of tingdon College. all senior classes with approximately 97 per- the House of Representatives that the national Breeding said it was commitment, trust, cent of all graduates attending a college or parks, national forests, and public lands and communication and lots of love that kept their university upon graduation. waters of the United States contribute greatly bond alive. The Breeding’s marriage produced I commend the students, families, faculty, to the economic and physical well-being of three beautiful children and lasted 54 years, staff, and First Baptist Church for keeping God Americans and can be further improved by until the death of Lt. Col. Breeding. Breeding at the center of FBCA’s beliefs, values, and public-private partnerships. I am committed to loved being a mother, and she considered her teachings. An ‘‘unapologetically Christian’’ and working on innovative solutions and partner- children Charles, Beverly and Nancy to be her ‘‘academically excellent’’ education creates a ships to modernize and expand campgrounds, life’s greatest achievement. foundation that is crucial, as FBCA students address infrastructure needs, eliminate back- Outside of her duties as wife and mother, go out to make a difference in the world. logged maintenance, and provide safe camp- FBCA is educating our future doctors, lawyers, Breeding loved to volunteer in the community. ing opportunities and enjoyable recreational legislators, factory workers, and educators, Lovingly known as Selma’s ‘‘Madam Butterfly,’’ experiences for all visitors on federal lands for among other professions. If there is one thing generations to come. Breeding received state and national awards the world could use more of, it is young Chris- I urge my colleagues to support this resolu- for her volunteer service efforts in the public tian men and women who are engaged in tion. school system. She was involved in the devel- serving and leading their communities. f opment of butterfly gardens and was respon- 25 years is quite an accomplishment and as sible for Selma being declared the Butterfly someone who helped establish a Christian IN RECOGNITION OF CHIEF OF Capital of Alabama. school in my hometown, I know it takes dedi- POLICE WILLIAM ‘‘TOM’’ TACKETT In 1968, she was the winner of Auburn Uni- cation from those behind the scenes. I com- versity’s W. Mosely Kelly Environmental mend the parents of FBCA students for the HON. MICHAEL C. BURGESS Award for achievements in forestry, wildlife sacrifices they make to ensure their children OF TEXAS and related resources. She was a charter receive a quality Christian education. To the IN THE HOUSE OF REPRESENTATIVES member of the ‘‘Tale Telling,’’ was a member faculty and staff, I commend you for imparting Wednesday, March 21, 2018 of the Benjamin Sterling Turner Memorial Christian wisdom and serving as a role model Committee and organized the Bicentennial to your students. Mr. BURGESS. Mr. Speaker, I rise today to Tree Program, which became the Selma Mr. Speaker, it is my distinct honor to recog- recognize the exemplary work of William Beautification Council. nize First Baptist Christian Academy on this ‘‘Tom’’ Tackett as he retires as Chief of Police important anniversary. May God continue to for the Town of Argyle, TX on March 22, 2018. Breeding was a member of Cornerstone bless and grow FBCA and the community it He has over 25 years of service at the Argyle Presbyterian Church. She used her faith as a serves. Police Department and previously served his driving force for her volunteer work. Breeding f country in the U.S. Army as a Military Police believed the Lord had given everyone specific Officer. gifts in order to help their communities. RECOGNIZING THE VITAL IMPACT After his military service, Chief Tackett grad- In her passing, Breeding leaves behind her OF OUTDOOR RECREATION uated from the Tarrant County College Police daughters, Beverly (George) Perkins of Academy and joined the Argyle Police Depart- Sylacauga and Nancy (Hartley) Smith of HON. DENNIS A. ROSS ment in April 1992 as a part-time reserve po- Selma; grandchildren, Tom (Terri) Perkins of OF FLORIDA lice officer. He transitioned to a full-time police Nolensville, Tennessee, Dena Perkins (Brett), IN THE HOUSE OF REPRESENTATIVES officer in March 1995 and rose through the ranks to become Chief of Police in April 2000. Adair of Mountain Brook, Alabama, David Per- Wednesday, March 21, 2018 kins of Birmingham, Alabama, Rachel Smith Not only is Chief Tackett the most tenured (Brent) Evans of Middletown, Delaware, Chris- Mr. ROSS. Mr. Speaker, I rise today to rec- Chief to lead the Argyle Police Department, he ognize the vital impact of outdoor recreation topher A. Smith of Springs Grove, Illinois and is the longest tenured employee to serve the on our economy and livelihood. Outdoor recre- Cindy Breeding (Lee) Holmes of Dothan, Ala- Town in its 55 year history. He is a licensed ation and camping in the United States con- Master Peace Officer and holds Texas Com- bama, and 12 great-grandchildren. tribute significantly to our gross domestic prod- mission on Law enforcement certifications for On behalf of the 7th Congressional District, uct and Americans’ physical and mental Instructor, Forensic Hypnosis and Special In- the State of Alabama, and this nation, I ask health. The great outdoors connect Americans vestigator. my colleagues to join me in celebrating the life to their natural heritage and bring families Chief Tackett also serves as the Town’s of Mallieve Lenora Wicker Breeding. We pay closer together. Significantly, outdoor recre- Emergency Management Coordinator and is tribute to her distinguished contributions for ation is the number one driver of economic ac- an amateur radio operator and active in the the betterment of the State of Alabama, and tivity on federal lands and contributes Denton County Amateur Radio Club. In addi- extend deep appreciation for her exemplary $673,000,000,000 to the U.S. economy, and tion to his professional work, he is a Master service to the community of Selma, Alabama. supports 4,300,000 American jobs. Every dol- Mason, serving as past Master of Roanoke

VerDate Sep 11 2014 06:08 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K21MR8.014 E21MRPT1 dlhill on DSK3GLQ082PROD with REMARKS E358 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2018 Lodge 668, and he is a life member of the tations for heroism, one of which came after SENATE COMMITTEE MEETINGS Moslah Shrine Circus and Legion Corps. rescuing a father and his children from a Title IV of Senate Resolution 4, For more than two and a half decades, house fire. agreed to by the Senate of February 4, Chief Tackett has faithfully served and pro- Over the years, Carl’s talented work was 1977, calls for establishment of a sys- tected the citizens and businesses of Argyle, recognized and he rose through the ranks, tem for a computerized schedule of all while holding himself and his staff to high eth- and eventually was promoted to Police Chief meetings and hearings of Senate com- ical and professional standards as he has ca- in 2005. Under his guidance and strong lead- mittees, subcommittees, joint commit- pably led the Police Department. I am deeply ership, the police department received national tees, and committees of conference. grateful for his service to the City of Argyle accreditation by the Commission on Accredita- This title requires all such committees and North Texas and extend best wishes to to notify the Office of the Senate Daily Chief Tackett and his family upon his retire- tion for Law Enforcement Agencies and joined Digest—designated by the Rules Com- ment. regional public safety teams like Capitol Re- gion Emergency Services Team and the Metro mittee—of the time, place and purpose f Traffic Services. These improvements are a of the meetings, when scheduled and HONORING CHIEF CARL direct reflection of Chief Sferrazza’s leadership any cancellations or changes in the SFERRAZZA FOR 38 YEARS OF style. He sees Enfield as not just a place to meetings as they occur. SERVICE TO THE ENFIELD COM- go to work, but as his house, and its residents As an additional procedure along MUNITY as his family. He has also implemented mul- with the computerization of this infor- tiple programs such as the Citizens Police mation, the Office of the Senate Daily HON. JOE COURTNEY Academy and the annual awards night, Digest will prepare this information for OF CONNECTICUT strengthening the relationship between law en- printing in the Extensions of Remarks IN THE HOUSE OF REPRESENTATIVES forcement and residents. section of the CONGRESSIONAL RECORD on Monday and Wednesday of each Wednesday, March 21, 2018 Chief Sferrazza’s leadership does not end with the Enfield Police Department. He is the week. Mr. COURTNEY. Mr. Speaker, I rise today president of the Mt. Carmel Society and teach- Meetings scheduled for Thursday, to recognize a good friend and great public es criminal justice at his alma mater, March 22, 2018 may be found in the servant from North Central Connecticut, Police Asnuntuck Community College. He is a de- Daily Digest of today’s RECORD. Chief Carl Sferrazza, who is retiring after a voted husband to Donnalee and father to Alex distinguished 38-year career with the Enfield and Audra. MEETINGS SCHEDULED Police Department. An Enfield resident all his life, Carl’s journey Mr. Speaker, Chief Carl Sferrazza has left a MARCH 23 with the Enfield police department began in legacy of ‘‘people-first’’ leadership in his time 10 a.m. 1976 as an auxiliary police officer. Four years at the Enfield Police Department. His footprint Committee on Foreign Relations later, he was hired by the department to be a is large and wide on the town and will live on To hold hearings to examine the nomina- full-time member of the force. Carl started as forever. I ask my colleagues to please rise to tions of Kirsten Dawn Madison, of a patrolman who experienced the nitty-gritty of thank him for his decades of dedication to the Florida, to be an Assistant Secretary people of Enfield. He has been a great exam- (International Narcotics and Law En- police work, responding to emergency calls, forcement Affairs), and Thomas J. enforcing motor vehicle laws, and acting as a ple of civic responsibility to his neighbors and Hushek, of Wisconsin, to be Ambas- mediator in the neighborhoods, keeping the I know he will continue this example, even in sador to the Republic of South Sudan, peace. Sometimes he had to go above and his retirement. I wish him all the best in this both of the Department of State. beyond normal duty, earning himself three ci- next chapter. SD–419

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HIGHLIGHTS Senate passed H.R. 1865, Allow States and Victims to Fight Online Sex Trafficking Act. Senate Withdrawn: Chamber Action Wyden Amendment No. 2212, to clarify that ef- Routine Proceedings, pages S1849–S1883 forts of a provider or user of an interactive computer Measures Introduced: Eight bills were introduced, service to identify, restrict access to, or remove ob- as follows: S. 2581–2588. Page S1875 jectionable material shall not be considered in deter- Measures Reported: mining the criminal or civil liability of the provider or user for other material. Pages S1865–70, S1871 S. 2213, to authorize Pacific Historic Parks to es- tablish a commemorative display to honor members During consideration of this measure today, Senate of the United States Armed Forces who served in the also took the following action: Pacific Theater of World War II. (S. Rept. No. By 21 yeas to 78 nays (Vote No. 59), three-fifths 115–215) of those Senators duly chosen and sworn, not having H.R. 4300, to authorize Pacific Historic Parks to voted in the affirmative, Senate rejected the motion establish a commemorative display to honor mem- to waive all applicable sections of the Congressional bers of the United States Armed Forces who served Budget Act of 1974 and applicable budget resolu- in the Pacific Theater of World War II. (S. Rept. tions, with respect to Wyden Amendment No. No. 115–216) 2213, to provide additional funding to the Depart- S. Res. 224, recognizing the 5th anniversary of ment of Justice to combat the online facilitation of the death of Oswaldo Paya Sardinas, and commemo- sex trafficking. Subsequently, the point of order that rating his legacy and commitment to democratic val- the amendment violates the Senate PAYGO Rule ues and principles, with an amendment in the nature was sustained, and the amendment thus fell. of a substitute and with an amended preamble. Pages S1865, S1870–71 S. Res. 376, urging the Governments of Burma University of California 150th Anniversary: and Bangladesh to ensure the safe, dignified, vol- Committee on the Judiciary was discharged from untary, and sustainable return of the Rohingya refu- further consideration of S. Res. 438, commemorating gees who have been displaced by the campaign of the 150th anniversary of the University of California, ethnic cleansing conducted by the Burmese military, and the resolution was then agreed to. Page S1880 with an amendment in the nature of a substitute and Nominations Confirmed: Senate confirmed the fol- with an amended preamble. Pages S1874–75 lowing nominations: Measures Passed: David J. Ryder, of New Jersey, to be Director of Allow States and Victims to Fight Online Sex the Mint for a term of five years. Trafficking Act: By 97 yeas to 2 nays (Vote No. Thomas E. Workman, of New York, to be a 60), Senate passed H.R. 1865, to amend the Com- Member of the Financial Stability Oversight Council munications Act of 1934 to clarify that section 230 for a term of six years. Pages S1872, S1883 of such Act does not prohibit the enforcement Messages from the House: Page S1874 against providers and users of interactive computer Measures Referred: Page S1874 services of Federal and State criminal and civil law relating to sexual exploitation of children or sex traf- Additional Cosponsors: Page S1875 ficking, after taking action on the following amend- Statements on Introduced Bills/Resolutions: ments proposed thereto: Pages S1849–72 Pages S1876–79 D322

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Additional Statements: Page S1874 NOMINATIONS Authorities for Committees to Meet: Committee on the Judiciary: Committee concluded a Pages S1879–80 hearing to examine the nominations of Michael Y. Record Votes: Two record votes were taken today. Scudder, of Illinois, and Amy J. St. Eve, of Illinois, (Total—60) Pages S1871–72 both to be a United States Circuit Judge for the Sev- enth Circuit, who were introduced by Senator Adjournment: Senate convened at 11 a.m. and ad- Duckworth, and Charles J. Williams, to be United journed at 5:01 p.m., until 10:30 a.m. on Thursday, States District Judge for the Northern District of March 22, 2018. (For Senate’s program, see the re- Iowa, who was introduced by Senator Ernst, after the marks of the Majority Leader in today’s Record on nominees testified and answered questions in their page S1880.) own behalf.

Committee Meetings VETERANS’ PROGRAMS BUDGET (Committees not listed did not meet) Committee on Veterans’ Affairs: Committee concluded a hearing to examine the President’s proposed budget ECONOMIC REPORT OF THE PRESIDENT request for fiscal year 2019 for veterans’ programs Committee on the Budget: Committee concluded a hear- and fiscal year 2020 advance appropriations requests, ing to examine the Economic Report of the Presi- after receiving testimony from David J. Shulkin, Sec- dent, after receiving testimony from Kevin Hassett, retary of Veterans Affairs. Chairman, Council of Economic Advisers. NUCLEAR REGULATORY COMMISSION ELECTION SECURITY OVERSIGHT Select Committee on Intelligence: Committee concluded a Committee on Environment and Public Works: Com- hearing to examine election security, after receiving mittee concluded an oversight hearing to examine testimony from Kirstjen Nielsen, Secretary, and Jea- the Nuclear Regulatory Commission, after receiving nette Manfra, Assistant Secretary, National Protec- testimony from Kristine L. Svinicki, Chairman, and tion and Programs Directorate, Office of Cyber Secu- Jeff Baran, and Stephen Burns, both a Commissioner, rity and Communications, both of the Department of all of the Nuclear Regulatory Commission. Homeland Security; Thomas Hicks, Chairman, Elec- tion Assistance Commission; Jim Condos, Vermont LEBANON Secretary of State, Burlington, on behalf of the Na- Committee on Foreign Relations: Subcommittee on Near tional Association of Secretaries of State; Jeh Charles East, South Asia, Central Asia, and Counterterrorism Johnson, former Secretary of Homeland Security, and concluded a hearing to examine stability and security Amy Cohen, National Association of State Election challenges in Lebanon, after receiving testimony Directors, both of Washington, D.C.; and Eric from Elliott Abrams, Council on Foreign Relations, Rosenbach, Harvard Kennedy School Belfer Center and Robert Malley, International Crisis Group, both for Science and International Affairs, Cambridge, of Washington, D.C. Massachusetts. h House of Representatives of 1956 to include severe forms of trafficking in per- Chamber Action sons within the definition of transnational organized Public Bills and Resolutions Introduced: 22 pub- crime for purposes of the rewards program of the lic bills, H.R. 5357–5378; and 3 resolutions, H. Department of State and for other purposes; and pro- Res. 793–795 were introduced. Pages H1753–54 viding for proceedings during the period from March Additional Cosponsors: Pages H1755–56 23, 2018 through April 9, 2018, (H. Rept. 115–614). Page H1753 Reports Filed: Reports were filed today as follows: H. Res. 796, providing for the consideration of Speaker: Read a letter from the Speaker wherein he the Senate amendment to the bill (H.R. 1625) to appointed Representative Simpson to act as Speaker amend the State Department Basic Authorities Act pro tempore for today. Page H1731

VerDate Sep 11 2014 07:17 Mar 22, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MR8.REC D21MRPT1 rfrederick on DSKBCBPHB2PROD with DIGEST D324 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 2018 Recess: The House recessed at 10:38 a.m. and re- instructions to report the same back to the House convened at 11 a.m. Page H1735 forthwith with an amendment, by a yea-and-nay vote Chaplain: The prayer was offered by the Guest of 182 yeas to 233 nays, Roll No. 120. Chaplain, Minister Jeremiah Tatum, Willow Avenue Pages H1746–48, H1748–49 Church of Christ, Cookeville, Tennessee. Page H1735 H. Res. 787, the rule providing for the consider- Journal: The House agreed to the Speaker’s approval ation of the bills (H.R. 4566), and (H.R. 5247) was of the Journal by a recorded vote of 216 ayes to 192 agreed to Tuesday, March 19th. noes with 2 voting present, Roll No. 122. Senate Messages: Messages received from the Senate Pages H1735, H1750–51 by the Clerk and subsequently presented to the Message From the Clerk: The House received a House today appears on pages H1737, H1738, and message from the Clerk. Pursuant to the permission H1748. granted in Clause 2(h) of Rule II of the Rules of the Message From the Clerk: The House received a U.S. House of Representatives, the Clerk notified the message from the Clerk. Pursuant to the permission House that she received a sealed envelope from the granted in Clause 2(h) of Rule II of the Rules of the White House on March 20, 2018, at 4:49 p.m., and U.S. House of Representatives, the Clerk received said to contain a message from the President where- the following message from the Secretary of the Sen- by he submits a Report to the Congress on the Ex- ate on March 21, 2018, at 5:15 p.m.: that the Sen- tension of Trade Promotion Authority. Page H1737 ate passed without amendment H.R. 1865. Presidential Message: Read a message from the Page H1748 President wherein he transmitted to Congress a Re- Order of Business—Suspensions: Agreed by unan- port on the Extension of Trade Promotion Author- imous consent that further proceedings on the ques- ity—referred to the Committee on Ways and Means tions of agreeing to motions to suspend the rules and ordered to be printed (H. Doc. 115–104). with regard to H.R. 4227, H.R. 4467, H.R. 5089, Pages H1737–38 H.R. 5131, may continue to be postponed through Message From the Clerk: The House received a the legislative day of Thursday, March 22, 2018. message from the Clerk. Pursuant to the permission Page H1751 granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representatives, the Clerk received Secret Service Recruitment and Retention Act of the following message from the Secretary of the Sen- 2018: The House agreed to take from the Speaker’s ate on March 21, 2018, at 8:52 a.m.: that the Senate table and concur in the Senate amendment to H.R. passed S. 899. Page H1738 3731, to provide overtime pay for employees of the United States Secret Service. Page H1751 Discharge Petition: Representative Cohen (TN) presented to the clerk a motion to discharge the Unanimous Consent: When the House adjourns Committee on the Judiciary from the consideration today, it adjourn to meet at 9 a.m. tomorrow for of H.R. 4669 to ensure independent investigations legislative business. Page H1751 by allowing judicial review of the removal of a spe- Recess: The House recessed at 10:21 p.m. and re- cial counsel. (Discharge Petition No. 8) convened at 1:20 a.m. Page H1753 Recess: The House recessed at 11:21 a.m. and re- Senate Referrals: S. 899 was referred to the Com- convened at 1 p.m. Page H1738 mittee on Veterans Affairs’ and Committee on Over- Recess: The House recessed at 2:08 p.m. and recon- sight and Government Reform. Page H1753 vened at 9:15 p.m. Page H1748 Quorum Calls—Votes: One yea and nay vote, and Trickett Wendler, Frank Mongiello, Jordan two recorded votes developed during the proceedings McLinn, and Matthew Bellina Right to Try Act of today and appear on pages H1748–49, of 2018: The House passed H.R. 5247, to authorize H1749–50, and H1750–51. There were no quorum the use of eligible investigational drugs by eligible calls. patients who have been diagnosed with a stage of a Adjournment: The House met at 10 a.m. and ad- disease or condition in which there is reasonable likelihood that death will occur within a matter of journed at 1:21 a.m. months, or with another eligible illness, by a re- corded vote of 267 ayes to 149 noes, Roll No. 121. Pages H1738–48, H1748–50 Rejected the Pallone motion to recommit the bill to the Committee on Energy and Commerce with

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U.S. RESPONSES TO CHINA’S FOREIGN Committee Meetings INFLUENCE OPERATIONS STATE AND NON-STATE ACTOR Committee on Foreign Affairs: Subcommittee on Asia INFLUENCE OPERATIONS: and the Pacific held a hearing entitled ‘‘U.S. Re- RECOMMENDATIONS FOR U.S. NATIONAL sponses to China’s Foreign Influence Operations’’. SECURITY Testimony was heard from public witnesses. Committee on Armed Services: Full Committee held a hearing entitled ‘‘State and Non-State Actor Influ- IMPLICATIONS OF A U.S.-SAUDI ARABIA ence Operations: Recommendations for U.S. Na- NUCLEAR COOPERATION AGREEMENT FOR tional Security’’. Testimony was heard from public THE MIDDLE EAST witnesses. Committee on Foreign Affairs: Subcommittee on the COMBATING THE OPIOID CRISIS: Middle East and North Africa held a hearing enti- PREVENTION AND PUBLIC HEALTH tled ‘‘Implications of a U.S.-Saudi Arabia Nuclear SOLUTIONS Cooperation Agreement for the Middle East’’. Testi- mony was heard from public witnesses. Committee on Energy and Commerce: Subcommittee on Health held a hearing entitled ‘‘Combating the SENATE AMENDMENT TO THE TARGET Opioid Crisis: Prevention and Public Health Solu- ACT tions’’. Testimony was heard from Scott Gottlieb, Committee on Rules: Full Committee held a hearing on M.D., Commissioner, Food and Drug Administra- Senate amendment to H.R. 1625, the ‘‘TARGET tion, Department of Health and Human Services; Act [Consolidated Appropriations Act, 2018]. The Anne Schuchat, Acting Director, Centers for Disease Committee granted, by record vote of 8–3, a rule Control and Prevention; Christopher M. Jones, Di- that provides for the consideration of the Senate rector of the National Mental Health and Substance amendment to H.R. 1625. The rule makes in order Use Policy Laboratory, Substance Abuse and Mental a motion offered by the chair of the Committee on Health Services Administration, Department of Appropriations or his designee that the House con- Health and Human Services; and public witnesses. cur in the Senate amendment with an amendment MISCELLANEOUS MEASURES consisting of the text of Rules Committee Print Committee on Financial Services: Full Committee held 115–66. The rule waives all points of order against a markup on H.R. 2683, the ‘‘Protecting Veterans consideration of the motion. The rule provides that Credit Act of 2017’’; H.R. 4659, to require the ap- the Senate amendment and the motion shall be con- propriate Federal banking agencies to recognize the sidered as read. The rule provides one hour of debate exposure-reducing nature of client margin for cleared on the motion equally divided and controlled by the derivatives; H.R. 4790, to amend the Volcker rule chair and ranking minority member of the Com- to give the Board of Governors of the Federal Re- mittee on Appropriations. In section 2, the rule pro- serve System sole rulemaking authority, to exclude vides that on any legislative day during the period community banks from the requirements of the from March 23, 2018, through April 9, 2018: the Volcker rule, and for other purposes; H.R. 4861, the Journal of the proceedings of the previous day shall ‘‘Ensuring Quality Unbiased Access to Loans Act of be considered as approved; and the Chair may at any 2018’’; H.R. 5051, the ‘‘Public Company Registra- time declare the House adjourned to meet at a date tion Threshold Act’’; H.R. 5076, the ‘‘Small Bank and time to be announced by the Chair in declaring Exam Cycle Improvement Act of 2018’’; H.R. 5082, the adjournment. In section 3, the rule provides that the ‘‘Practice of Law Technical Clarification Act of the Speaker may appoint Members to perform the 2018’’; and H.R. 5323, the ‘‘Derivatives Fairness duties of the Chair for the duration of the period ad- Act’’. H.R. 2683, H.R. 5076, and H.R. 4790 were dressed by section 2. In section 4, the rule provides ordered reported, as amended. H.R. 4861, H.R. that each day during the period addressed by section 5082, H.R. 4659, H.R. 5051, and H.R. 5323 were 2 shall not constitute a calendar day for the purposes ordered reported, without amendment. of section 7 of the War Powers Resolution (50 U.S.C. 1546). In section 5, the rule provides that THE FY 2019 FOREIGN ASSISTANCE each day during the period addressed by section 2 BUDGET shall not constitute a legislative day for purposes of Committee on Foreign Affairs: Full Committee held a clause 7 of rule XIII (resolutions of inquiry). Finally, hearing entitled ‘‘The FY 2019 Foreign Assistance in section 6, the rule provides that the chair of the Budget’’. Testimony was heard from Mark Green, Committee on Appropriations may insert in the Administrator, U.S. Agency for International Devel- Congressional Record not later than March 22, opment. 2018, such material as he may deem explanatory of

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Dooley, to be United States District Judge for the a hearing entitled ‘‘U.S. Trade Policy Agenda’’. Tes- District of Connecticut, Dominic W. Lanza, to be United timony was heard from Robert E. Lighthizer, United States District Judge for the District of Arizona, Jill Aiko States Trade Representative. Otake, to be United States District Judge for the District of Hawaii, and Thomas T. Cullen, to be United States IMPLEMENTATION OF MACRA’S Attorney for the Western District of Virginia, Robert K. PHYSICIAN PAYMENT POLICIES Hur, to be United States Attorney for the District of Committee on Ways and Means: Subcommittee on Maryland, and David C. Joseph, to be United States At- Health held a hearing entitled ‘‘Implementation of torney for the Western District of Louisiana, all of the MACRA’s Physician Payment Policies’’. Testimony Department of Justice, 10 a.m., SD–226. was heard from Demetrios L. Kouzoukas, Principal Select Committee on Intelligence: closed business meeting Deputy Administrator, Centers for Medicare and to consider pending intelligence matters; to be imme- Medicaid Services, Department of Health and diately followed by a closed hearing to examine certain Human Services. intelligence matters, 2 p.m., SH–219. Joint Meetings House No joint committee meetings were held. Committee on Appropriations, Subcommittee on Energy and Water Development, and Related Agencies, budget f hearing entitled ‘‘FY 19 Budget Hearing, Applied En- COMMITTEE MEETINGS FOR THURSDAY, ergy’’, 9 a.m., 2362–B Rayburn. MARCH 22, 2018 Committee on Armed Services, Subcommittee on Strategic Forces, hearing entitled ‘‘Fiscal Year 2019 Budget Re- (Committee meetings are open unless otherwise indicated) quest for Nuclear Forces and Atomic Energy Defense Ac- Senate tivities’’, 9 a.m., 2118 Rayburn. Subcommittee on Emerging Threats and Capabilities, Committee on Armed Services: to hold hearings to examine hearing entitled ‘‘Reviewing Department of Defense the challenges in the Department of Energy’s atomic en- Strategy, Policy, and Programs for Countering Weapons ergy defense programs in review of the Defense Author- of Mass Destruction (CWMD) for Fiscal Year 2019’’, ization Request for fiscal year 2019 and the Future Years 10:30 a.m., 2212 Rayburn. Defense Program, 10 a.m., SH–216. Committee on Energy and Commerce, Subcommittee on Subcommittee on Strategic Forces, to hold hearings to Health, hearing entitled ‘‘Combating the Opioid Crisis: examine ballistic missile defense policies and programs in Prevention and Public Health Solutions’’, 10 a.m., 2123 review of the Defense Authorization Request for fiscal year 2019 and the Future Years Defense Program, 2:30 Rayburn. p.m., SR–232A. Subcommittee on Communications and Technology, Committee on Banking, Housing, and Urban Affairs: to hearing entitled ‘‘Legislative Hearing on Four Commu- hold an oversight hearing to examine the Department of nications Bills’’, 10:15 a.m., 2322 Rayburn. Housing and Urban Development, 10 a.m., SD–538. Committee on Oversight and Government Reform, Sub- Committee on Energy and Natural Resources: business committee on National Security, hearing entitled ‘‘Bu- meeting to consider the nominations of Theodore J. reaucratic Challenges to Hurricane Recovery in Puerto Garrish, of Maryland, to be an Assistant Secretary (Inter- Rico’’, 2 p.m., 2154 Rayburn. national Affairs), and James Edward Campos, of Nevada, Committee on Science, Space, and Technology, Full Com- to be Director of the Office of Minority Economic Im- mittee, markup on H.R. 5345, the ‘‘American Leadership pact, both of the Department of Energy, and James in Space Technology and Advanced Rocketry Act’’; H.R. Reilly, of Colorado, to be Director of the United States 5346, the ‘‘Commercial Space Support Vehicle Act’’; and Geological Survey, Department of the Interior; to be im- H.R. 5086, the ‘‘Innovators to Entrepreneurs Act of mediately followed by a hearing to examine S. 2539, to 2018’’, 9 a.m., 2318 Rayburn. amend the Energy and Water Development and Related Committee on Ways and Means, Full Committee, hearing Agencies Appropriations Act, 2015, to reauthorize certain entitled ‘‘Hearing with Commerce Secretary Ross’’, 9 projects to increase Colorado River System water, S. a.m., 1100 Longworth. 2560, to authorize the Secretary of the Interior to estab- Permanent Select Committee on Intelligence, Full Com- lish a program to facilitate the transfer to non-Federal mittee, business meeting on Adoption of the Committee’s

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Thursday, March 22 9 a.m., Thursday, March 22

Senate Chamber House Chamber Program for Thursday: Senate will be in a period of Program for Thursday: Consideration of Senate amend- morning business. ment to H.R. 1625, Consolidated Appropriations.

Extensions of Remarks, as inserted in this issue

HOUSE Hudson, Richard, N.C., E352 Roskam, Peter J., Ill., E351, E352 Kaptur, Marcy, Ohio, E353, E355 Ross, Dennis A., Fla., E357 Babin, Brian, Tex., E357 McCaul, Michael T., Tex., E351, E352, E353, E354, E355 Sewell, Terri A., Ala., E356 Burgess, Michael C., Tex., E357 McClintock, Tom, Calif., E351 Valadao, David G., Calif., E353 Collins, Chris, N.Y., E354 McMorris Rodgers, Cathy, Wash., E354 Westerman, Bruce, Ark., E352, E355, E356 Courtney, Joe, Conn., E358 Perlmutter, Ed, Colo., E352, E352, E353, E354, E354, Fudge, Marcia L., Ohio, E356 E355, E355, E355, E356, E356

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