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

Vol. 164 , TUESDAY, DECEMBER 11, 2018 No. 195 Senate The Senate met at 10:03 a.m. and was appoint the Honorable CINDY HYDE-SMITH, a cured by several Members, the Senate called to order by the Honorable CINDY Senator from the State of Mississippi, to per- will take up the recently revised crimi- HYDE-SMITH, a Senator from the State form the duties of the Chair. nal justice bill this month. I intend to of Mississippi. ORRIN G. HATCH, turn to the new text as early as the end President pro tempore. f of this week. Mrs. HYDE-SMITH thereupon as- As a result of this additional legisla- PRAYER sumed the Chair as Acting President tive business, Members should now be The Chaplain, Dr. Barry C. Black, of- pro tempore. prepared to work between Christmas fered the following prayer: f and New Year’s if necessary in order to Let us pray. complete our work. Let me say that RECOGNITION OF THE MAJORITY O God, who has stretched out the again. Unless we approach all this LEADER. heavens and marches on the waves of work in a highly collaborative, produc- the sea, Your great works are too mar- The PRESIDING OFFICER. The ma- tive way and take real advantage of velous to understand. Thank You for jority leader is recognized. unanimous consent to expedite pro- the glory of the sunrise and the maj- f ceedings, it is virtually certain that esty of the sunset, for Your miracles the Senate will need to be in session that are without number and for Your BUSINESS BEFORE THE SENATE between Christmas and New Year’s in providence that sustains us. Mr. MCCONNELL. Madam President, order to complete this work. Strengthen our lawmakers. Empower I think it is time the Senate subject The Senate is a consent-based insti- them this day to mount up on wings itself to a bit of a reality check. Today tution. Expediting this work would re- like eagles, running without weariness is December 11. Here are just some of quire an extraordinary degree of col- and walking without fainting. May the things the Senate needs to accom- laboration from everyone. So Members their consistent communion with You plish before this Congress adjourns: should either prepare to cooperate and be expressed in their thoughts, words, We need to confirm more of the work together or prepare for a very, and actions. Lord, make them one in President’s nominees for the judiciary very long month. the common cause of justice, right- and for the executive branch, such as In just a few hours from now, we will eousness, and truth. the well-qualified nominee to be Dep- receive an indication of whether that We pray in Your loving Name. Amen. uty Secretary at the Department of cooperation will begin to take shape. f Treasury, whom we are currently con- My friend the Democratic leader and sidering. PLEDGE OF ALLEGIANCE his counterpart in the House are sched- We need to reach an agreement to uled to meet with President Trump at The Presiding Officer led the Pledge fund the remaining one-fourth of the the White House later today. of Allegiance, as follows: Federal Government that was not cov- For the Nation’s sake, I hope my I pledge allegiance to the Flag of the ered by regular appropriations. Democratic friends are prepared to United States of America, and to the Repub- We need to make a substantial new have a serious discussion and reach an lic for which it stands, one nation under God, investment in the integrity of our bor- accommodation with the President on indivisible, with liberty and justice for all. ders and the security of American fam- funding for border security. Otherwise, f ilies. circumstances are beginning to resem- APPOINTMENT OF ACTING We need to take up and pass the con- ble a movie we have seen before. It was PRESIDENT PRO TEMPORE ference report for the farm bill to only this past January when Demo- The PRESIDING OFFICER. The honor our commitments to our Na- crats chose to manufacture a govern- clerk will please read a communication tion’s growers and producers. ment funding lapse over the issue of il- to the Senate from the President pro This week alone, we need to dispense legal immigration. It didn’t work out with the debate pertaining to the situ- very well. tempore (Mr. HATCH). The senior assistant legislative clerk ation in Yemen and an attempt by The reality is that the President’s re- read the following letter: some of our Democratic colleagues to quest is entirely reasonable. And before undo reforms that protect ’ today’s partisan considerations set in, U.S. SENATE, private, personal information as they I bet it might have looked reasonable PRESIDENT PRO TEMPORE, Washington, DC, December 11, 2018. exercise their First Amendment rights. to many of the majority of the Senate To the Senate: In addition, at the request of the Democrats who joined in support of Under the provisions of rule I, paragraph 3, President and following improvements physical border security legislation of the Standing Rules of the Senate, I hereby to the legislation that have been se- back in 2006—some 12 years ago.

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

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VerDate Sep 11 2014 03:16 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.000 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7390 CONGRESSIONAL RECORD — SENATE December 11, 2018 Senate Republicans are working with into America. It is time to let Amer- to redact this information when releas- the President and his homeland secu- ican growers get back in business with ing a nonprofit’s public tax filings. The rity team on $5.02 billion of targeted this versatile crop once again. guidance does nothing to affect the in- funding to bolster security measures in The farmers, processors, and manu- formation that is publicly available. specific places where the Department facturers in my State and across the So why does the IRS need to stock- of Homeland Security determines it is country are ready for the hemp come- pile this information? For safekeeping? most needed. And make no mistake— back. It began in 2014 when I secured Hardly. the need is great. In fiscal year 2018, the establishment of a hemp pilot pro- Several years ago, the IRS had to Customs and Border Patrol reported a gram with the help of then-agricultural settle a lawsuit. A worker broke the 30-percent increase in apprehensions at commissioner Jamie Comer. States law and leaked an unredacted copy of a the U.S.-Mexico border. Looking fur- like Kentucky got the chance to ex- group’s confidential forms. Of course, ther back, the monthly apprehension plore the plant’s potential and show us that information ended up in a leftwing total this past October reached its just what hemp could do, and the re- organization on the opposite side of the highest level in 4 years—4 years. CBP sults have been nothing short of ex- issue. has observed over the past year a 50- traordinary. Now, American-grown A few years before that, , percent increase in apprehensions of hemp can be found in your food, your which had begun demanding its own known gang members and a 115-percent clothes, and even in your car dash- copy of this private information, acci- increase in seizures of fentanyl nar- board. The results mean jobs, economic dentally published the private informa- cotics. growth, and new opportunity. Last tion of donors to over 1,000 nonprofits Clearly, delivering border security year alone, hemp products contributed registered with that State. These aren’t isolated incidents. They funding must be a priority. That is be- more than $16 million to Kentucky’s are part of a disturbingly hostile cli- cause the men and women of the Bor- economy, and that was just from the mate for certain kinds of political ex- der Patrol deserve to be a priority. pilot program—just from the pilot pro- pression and for the free exchange of American communities deserve to be a gram. ideas. priority as they face down the threat of At a time when farm income is down We have seen angry activist mobs gang violence. American families de- and our growers are struggling, indus- deal out personal harassment and pro- serve to be a priority as the flow of le- trial hemp is a bright spot of agri- fessional sabotage to individuals with thal drugs fuels an epidemic of addic- culture’s future. whom they have a disagreement. We tion. My provision in the farm bill will not have seen the last administration’s IRS This is the right investment in the only legalize domestic hemp, but it focus hostile treatment on certain or- right place at the right time. There is will also allow State departments of ganizations whose political views ran no reason why the Democratic leader agriculture to be responsible for its afoul of the bureaucrat’s own opinions. and the House Democratic leader oversight. In Kentucky, that means This is the backdrop which makes should put the demands of far-left spe- that Commissioner Ryan Quarles—an- Secretary Mnuchin’s pro-privacy deci- cial interests ahead of the safety of other champion of hemp—will be able sion so important. The Democrats American families. There is no reason to help farmers thrive. And I know the want to overrule Secretary Mnuchin’s for my Democratic friends to end this occupant of the Chair is familiar with guidance. They want the IRS to resume year the way they began it—with a Commissioner Quarles. packing filing cabinets full of the government shutdown. It would be When the Senate votes on this legis- names of Americans who support dif- truly bizarre for them to decide they lation in the coming days, we will also ferent causes—even though they can’t would prefer a partial government be voting to give farmers throughout say why. shutdown to reasonable funding for na- the country the chance to tap into That is today. What about tomorrow? tional security. It would signal that hemp’s potential and take part in its Forty-five Senate Democrats are al- their party is more committed to polit- future. I have been proud to work with ready signed on to a more sweeping ical spite for the President than to the my colleagues in Congress, such as piece of legislation known as the DIS- public interest. Senator RON WYDEN, and with hemp CLOSE Act, which would amplify and I will be watching eagerly this morn- advocates in Kentucky to get to this expand this chilling effect in numerous ing to see if the Democratic leaders ap- point. Obviously, I will be proudly vot- other ways. proach these negotiations with the pro- ing for this bill. For one thing, this bill would cut out ductive and good-faith spirit they de- f the middle man of the leaky IRS and serve. PRIVACY REFORM enable direct ideological harassment, f increasing disclosure of this private in- Madam President, now on a final LEGALIZING HEMP formation straight to the public. That matter, the Senate will soon vote on an is just one example. It would also give Mr. MCCONNELL. Madam President, attempt by some of our Democratic the FEC more power to regulate Amer- on another matter, as I mentioned a colleagues to unwind an important pri- icas’ speech about important issues and moment ago, one key piece of our un- vacy reform the Treasury Department many public officials. finished business is the farm bill. Last enacted earlier this year. So get ready to hear a lot of lofty night, I used my very own hemp pen to We need to stand up for privacy, rhetoric about restoring democracy sign the conference report, clearing the stand up for the First Amendment, and from the Democratic leader in the way for the House and Senate to pass reject the Democrats’ resolution. House and her allies here in the Sen- legislation and send it to the Presi- The question at hand is whether the ate, but underneath that rhetoric, get dent’s desk. I am proud that the bill in- IRS should have special power to de- ready for legislation that will do more cludes my provision to legalize the pro- mand that certain nonprofit organiza- to undermine our constitutional free- duction of industrial hemp. It is a vic- tions hand over the list of their con- doms and chill their exercise than any tory for farmers and consumers tributors. other bill I can think of in recent mem- throughout our country. This raises the question: Why should ory. Fighting for Kentucky hemp has the IRS have this private information? Let’s not walk down this road. Let’s been a long struggle. My State was Is it for accounting purposes? No. The not chill Americans’ exercise of the once the national leader in the growing regulation requires tax-exempt non- First Amendment. Let’s defend these and production of industrial hemp, but profits to maintain books, but indi- freedoms today and stay vigilant to- then, for decades, a Federal ban halted vidual donations are not tax deductible morrow. that progress and shut American farm- so there aren’t accounting reasons why f ers out of the hemp field. Don’t get me the IRS would need to track donors. wrong—Hemp could still be found all Is it for transparency purposes? No. UNANIMOUS CONSENT over our country in all kinds of prod- The personal information in question is AGREEMENT ucts. The problem is that it is all being not part of any public inspection re- Mr. MCCONNELL. Madam President, grown somewhere else and imported quirement. In fact, the IRS is required I ask unanimous consent that the vote

VerDate Sep 11 2014 01:50 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.002 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7391 scheduled for 11:30 a.m. this morning 2017, according to the Centers for Medi- national debt. The principal cause of occur at 11 a.m. this morning. care and Medicaid Services. When we the national debt is not national de- The ACTING PRESIDENT pro tem- use Dr. James’ estimates, that means fense, national parks, and the National pore. Without objection, it is so or- we spent roughly $1 to $1.8 trillion on Institutes of Health. The principle dered. unnecessary healthcare in 2017. That is cause of the national debt is the run- f more money than the gross domestic away government spending on product of every country in the world healthcare, which is squeezing the RESERVATION OF LEADER TIME except nine. That is three times as budget for national parks, national de- The ACTING PRESIDENT pro tem- much as the Federal Government fense, and basic biomedical research. pore. Under the previous order, the spends on all of our national defense, 60 Healthcare costs also impact States, leadership time is reserved. times as much as it spends on Pell all of which have to balance their budg- grants for college students, and about ets. When I was Governor of Tennessee f 550 times as much as the Federal Gov- a few years ago, Medicaid was about 8 CONCLUSION OF MORNING ernment spends on national parks. percent of our State budget. That was BUSINESS For the last 8 years, most of the de- in the 1980s. Today, it is 30 percent of The ACTING PRESIDENT pro tem- bate about healthcare has not been Tennessee’s State budget. That means pore. Morning business is closed. about this extraordinary fact that we States have less to spend on fixing may be spending up to half of what we roads, educating children, and helping f spend on healthcare unnecessarily. In- adults and high school graduates get EXECUTIVE SESSION stead, we have been arguing about better job skills. health insurance. In fact, really, we Second, healthcare spending adds to have been arguing about 6 percent of the cost of doing business in the United EXECUTIVE CALENDAR the health insurance market—the indi- States. Warren Buffett has called the The ACTING PRESIDENT pro tem- vidual insurance market. ballooning cost of healthcare ‘‘a hun- The truth is, we will never have pore. Under the previous order, the gry tapeworm on the American econ- lower cost health insurance until we Senate will proceed to executive ses- omy.’’ have lower cost healthcare. Instead of Third and most important, the rising sion and resume consideration of the continuing to argue over a small per- cost of healthcare is squeezing the following nomination, which the clerk centage of the insurance market, what budgets of American families. Accord- will report. we should be discussing is the high cost ing to the Gallup poll, 80 percent of The senior assistant legislative clerk of healthcare that affects virtually registered voters before this midterm read the nomination of Justin George every American. election rated healthcare as ‘‘ex- Muzinich, of , to be Deputy Here is something we ought to be tremely’’ or ‘‘very important’’ to their Secretary of the Treasury. able to agree on. We are spending too vote—a higher percentage than every The ACTING PRESIDENT pro tem- much on healthcare, and too much of other issue polled, including the econ- pore. The Senator from Tennessee. what we spend is unnecessary. The five omy, immigration, and taxes. HEALTHCARE COSTS hearings we held reminded us of some- I imagine every Senator has heard Mr. ALEXANDER. Madam President, thing else we should be able to agree stories from their constituents about I ask unanimous consent to speak for on. One major reason for the unneces- struggling to stretch paychecks to af- up to 30 minutes. sarily high cost of healthcare is that ford prescriptions or to cover a surprise The ACTING PRESIDENT pro tem- the healthcare system does not operate medical bill. pore. Without objection, it is so or- with the discipline and cost saving ben- Any one of us who has received a dered. efits of a real market. medical bill in the mail has wondered, Mr. ALEXANDER. Madam President, Too many barriers to innovation what am I actually paying for? today I am asking experts at the Amer- drive up costs, and most Americans Here is a story I heard recently. Todd ican Enterprise Institute and Brook- have no earthly idea of the true price is a Knoxville father who recently took ings Institute, as well as other leading of healthcare services they buy, which his son to the emergency room after a experts, for specific ideas about how also drives up costs. Let me repeat bicycle accident. His son was treated. Congress and the President can work that. One major reason for the unnec- Todd paid a $150 copay because the together to reduce the cost of essarily high cost of healthcare is, the emergency room was ‘‘in network’’ for healthcare in the United States. Here healthcare system does not operate his health insurance, and they headed is why. with the discipline and the cost-saving home. So Todd was surprised when he Last July, at the Senate HELP Com- benefits of a real market. received a bill in the mail for $1,800 be- mittee’s second in a series of five hear- Too many barriers to innovation cause, even though the emergency ings on reducing healthcare costs, Dr. drive up costs, and most Americans room was in network, the doctor who Brent James, a member of the National have no earthly idea of the price of the treated his son was not. Academy of Medicine, testified that 30 healthcare services they buy, so that Todd wrote his Senator—me—trying percent—and perhaps as much as 50 also drives up costs. As a country— to figure out why it is so hard to under- percent—of all the money spent in this American families, American Federal stand what healthcare prices really country on healthcare is unnecessary. and State governments, and private are. ‘‘If I am expected to be a conscien- That startled me, and I hope it startles companies—we spent $3.5 trillion on tious consumer of my own healthcare you. healthcare in 2017, according to CMS, needs,’’ he wrote, ‘‘I need a little more So I asked another witness, Dr. David almost as much as we spent on the en- help.’’ Lansky from the Pacific Business tire Federal Government in 2017, ac- The issue of surprise billing is a wide- Group on Health, if he agreed with Dr. cording to the Congressional Budget ly recognized problem. It was high- James’ estimate that 50 percent of all Office. lighted in a report from the White the money spent on healthcare is un- High healthcare costs impact every- House on healthcare costs just this last necessary. Dr. Lansky said yes. one; first, the taxpayer because the Monday. Then, in our next hearing on reduc- Federal Government spends about one- We want Americans like Todd and his ing healthcare costs, not one witness third of all Federal dollars on son to be able to access quality care on our distinguished panel disagreed healthcare. According to the Congres- they can afford. So earlier this year, with Dr. James. That means we are sional Budget Office, of the $3.98 tril- our Senate committee set out, in a bi- spending as much as half of all we lion the government spent in 2017, $1.1 partisan way, to see what we could find spend on healthcare on unnecessary trillion of that was mandatory spend- out about lowering healthcare costs. treatment, tests, and administrative ing for Medicare, Medicaid, and other We held five hearings over 6 months. costs. healthcare programs. In June, at our first hearing, we set As a country, we spend a huge This Federal Government runaway out to better understand how much amount on healthcare—$3.5 trillion in spending is the principal cause of the healthcare actually costs in the United

VerDate Sep 11 2014 01:50 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.003 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7392 CONGRESSIONAL RECORD — SENATE December 11, 2018 States to see if we could get some First, as the largest purchasers of ship fee, members receive an annual agreement on the numbers. health insurance, employers are really wellness exam, 25 office visits per year, At our second hearing in July, we leading the way in the effort to reduce including same-day appointments, and heard from Dr. James, who told us that costs. For example, let’s take Inter- some in-office testing and chronic dis- up to half of what we spend on national Paper, which is based in Mem- ease management without having to healthcare is unnecessary. phis. It uses a service called Best Doc- pay anything additional out of pocket. At our third hearing later in July, we tors. Employees can use it for second This gives patients access to a defined looked at administrative tasks im- opinions on healthcare. Best Doctors level of healthcare at a predictable posed by the Federal Government and reviews an employee’s records, and price, which ranges from about $1,000 how those burdens lead to doctors then it either reaffirms the treatment to $1,200 a year. spending more time on paperwork, less that has been recommended by a doc- On a larger scale, HCA Healthcare, time on treating patients, and all of tor or it recommends a different which also testified—it has 178 hos- this also increases costs. course, such as physical therapy. The pitals and 119 freestanding surgery cen- In September, we looked at why, use of this voluntary program saved ters that are located in the United when you check reviews and prices be- International Paper over $500,000 in States and the United Kingdom—is im- fore buying everything from a 2017 by preventing unnecessary treat- plementing new techniques to reduce coffeemaker to a car, the cost or the ments. the spread of MRSA, which is a drug- price of your healthcare has remained Another way employers reduce resistant bacterial infection that oc- hidden in a black box. healthcare costs is through wellness curs in intensive care units. This is something even the Federal programs, which encourage employees These new techniques have reduced Government’s top healthcare official to lead healthier lives. There is prob- cases of MRSA by 37 percent in HCA fa- knows personally. Health and Human ably no greater consensus in cilities and have been so effective that Services Secretary Alex Azar recently healthcare than that wellness—life- the World Health Organization and the told a story of how his doctor ordered style changes, such as eating healthier Centers for Disease Control and Pre- him to have a routine echo cardio and stopping smoking—can prevent se- vention have added them to best prac- stress test. He was sent down the street rious illness and reduce healthcare tices. According to HCA, this reduction and admitted to the hospital, where, costs. It is hard to think of a better in MRSA infections saves $170,000 for after a considerable effort on his part, way to make a bigger impact on the every 1,000 patients. These savings are he learned the test would cost him shared among the hospitals, insurers, $3,500. After using a website that com- health of millions of Americans than to and patients. piled typical prices for medical care, connect the consensus about wellness Finally, information needs to be eas- Secretary Azar learned the same test and reducing health costs to the health ily available so that patients, con- would have cost just $550 in a doctor’s insurance that 181 million people get sumers, can find out the prices of their office. Secretary Azar said consumers on the job. About 60 percent of insured care and take an active role in choos- are so in the dark, they often feel Americans get our health insurance on ing their healthcare and in planning ‘‘powerless.’’ the job. In an age where you can compare dif- Second, States are taking an active for medical expenses whenever they ferent prices and check a dozen reviews role in the cost of healthcare. can. There is also a role for the Federal when you are buying a barbecue grill, In 2017, the State of Maine required you should be able to more easily un- health insurers to split the savings Government to play. The Federal Gov- derstand what you are paying for with a patient if the patient shops ernment spent, as I said earlier, $1.1 healthcare. around and chooses a doctor who costs trillion on Medicare, Medicaid, and Last month, at our fifth hearing, we less than the average price the insurer other healthcare programs in 2017. heard about steps the private sector is pays. In Oregon, the State compiles About one-third of all healthcare taking to disrupt the healthcare sys- data on insured residents and uses this spending in America is by the Federal tem and what kinds of Federal barriers information to run a tool that allows Government, so how we spend those are preventing private companies from patients to compare the costs of proce- Federal dollars will obviously make a lowering costs. As we held our five dures at different hospitals. big difference to the healthcare sys- hearings, two conclusions became Third, private companies are cre- tem. There may also be things Wash- clear. ating innovative tools to reduce ington can do or is doing to increase The first is that we spend more on healthcare costs. For example, healthcare costs or to prevent private healthcare than does any other coun- Healthcare Bluebook, a Nashville com- companies from taking steps to lower try, but we don’t spend it well. pany and a witness at one of our hear- those healthcare costs. Again, Dr. James told us that 30 per- ings, provides a tool that helps pa- I want to find out what concrete, spe- cent—maybe as much as 50 percent—of tients find the best prices for the high- cific steps the Federal Government can all of the money we spend on est quality care in their areas by using take to reduce unnecessary healthcare healthcare is unnecessary. That is real- their employer-sponsored insurance, spending or to at least stop making the ly astonishing. It echoes what Dr. which, as I said, 60 percent of insured problem worse. For example, after our Ashish Jha said, who was a witness Americans have. This is useful in low- committee heard about gag clauses, from our first hearing and is the Direc- ering costs because, for example, the which prohibit pharmacists from tell- tor of the Harvard Global Health Insti- amount a patient pays for cataract sur- ing patients their prescriptions would tute. He said this: gery in Memphis can range from as lit- be cheaper if they paid in cash instead The popular belief has been that the reason tle as $2,000 to more than $8,000. of through their insurance, Congress we spend so much more on healthcare than Fourth, hospitals, doctors, and other was able to act and ban those gag other countries is that we just use too much healthcare providers have the potential clauses earlier this year. In August, healthcare. Well, it turns out when you look to make a large impact on the cost of the CMS began to require hospitals to at the data . . . we are not using more healthcare. post online the amounts they charge healthcare. Why is it we are spending twice On a smaller scale, one of our wit- as much? There are two reasons. One is ad- for services and to keep that informa- ministrative complexity, [and second], every nesses, Dr. Gross from Florida, runs a tion up to date. These are the types of time we use healthcare in America, we pay a practice under what is called the direct specific recommendations I am looking lot more than any other country in the primary care model. Dr. Gross charges for. world.’’ a flat membership rate of $60, in cash, In working with experts, I have had That was Dr. Ashish from the Har- per patient for adults under the age of some success in asking them for rec- vard Global Health Institute. 65, $25 for one child, and $10 for each ommendations in priority order and Second, while it would be convenient additional child. His practice does not then turning those recommendations to have a moonshot to reduce bill anything to an insurance company into legislation. healthcare costs, this will require peo- for direct primary care members—not In 2005, I was a member of the Budget ple other than the Federal Govern- to ObamaCare, not to Medicaid, not to Committee, and I had become con- ment. Medicare. In return for this member- cerned about the rapid increase in the

VerDate Sep 11 2014 01:50 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.004 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7393 Federal debt and how it was squeezing what law to amend, what regulation to next Congress should take to address Amer- out some of the essential programs change—and any potential downsides ica’s rising health care costs as well as any that make our country competitive. So to the policy recommendations. I will steps we can recommend that the Trump Ad- I stopped by a meeting of the National share the recommendations with Sen- ministration or state governments should take. Academy of Sciences on American ator PATTY MURRAY, who is the rank- For the last eight years, Republicans and competitiveness, and I said to them: ing Democratic member of the Senate’s Democrats have been locked in a stalemate Most ideas fail in Washington, DC, for HELP Committee, and with all of the over the cost of insurance in the individual there being the lack of an idea. If you, members of our committee. I will share health insurance market, where six percent the academy, will give Congress 10 spe- the recommendations with Senator of all Americans with health care purchase cific ideas in priority order to improve GRASSLEY and Senator WYDEN, who are their insurance. This is an important part of American competitiveness, I believe expected to be the chairman and rank- the discussion, but it puts the spotlight in Congress will enact those ideas.’’ the wrong place. The hard truth is that we ing member of the Finance Committee. will never get the cost of health insurance The academy immediately got busy Our HELP Committee and the Finance and recruited Norm Augustine and down until we get the cost of health care Committee have shared jurisdiction down. then put together a task force of Amer- over healthcare costs. It sometimes This is why the HELP Committee has been ican leaders, called the Committee on gets in the way of solutions, but there holding hearings on how to reduce adminis- Prospering in the Global Economy of is no reason it should. We should all be trative burdens; how to reduce what we the 21st Century. Under Norm’s leader- able to work together in a bipartisan spend on unnecessary health care tests, serv- ship, they produced a National Acad- way to address this startling phe- ices, procedures, and prescription drugs; how emies report entitled ‘‘Rising Above to reduce the prices of health care goods and nomenon that the experts tell us is services; how to make available more infor- the Gathering Storm.’’ They came up true, which is that we are spending with 20 ideas, not just 10, and they were mation on the cost and quality of care; and nearly half the money—wasting it un- how the private and public sectors have been specific, such as doubling the funding necessarily on healthcare. Now we need able to lower health care costs. for basic science research and creating the experts to tell us exactly what to I am especially interested in trying to an energy agency to be modeled after do about it. bring to the health care system the dis- the Department of Defense’s highly The Federal Government is not going cipline and cost saving benefits of a real successful DARPA agency, which to lower the cost of healthcare over- market. Too many barriers to innovation drive up costs. And most Americans have no would invest in the high-potential, night, but I believe there are steps we high-impact energy technologies—what idea of the true price of the health care serv- can take to make a real difference to ices they buy—which also drives up costs. we now call ARPA-E. American families. It might be two or Congress used most of those ideas I request that you provide written re- three big steps, or it might be a dozen sponses to the below questions by email to and put together a bill that we called smaller steps, but we shouldn’t let this [email protected] by America COMPETES. We passed it in opportunity to make progress pass us March 1, 2019: 2007 and reauthorized it in 2010. It was by. 1. What specific steps can Congress take to introduced by the majority and minor- I ask unanimous consent that the lower health care costs, incentivize care that ity leaders and had a large number of improves the health and outcomes of pa- letter I have written and am mailing tients, and increase the ability for patients Republican and Democratic sponsors. today to experts at the American En- That is an example of what can hap- to access information about their care to terprise Institute and the Brookings pen when experts give us specific rec- make informed decisions? Institution, as well as to other leading 2. What does Congress or the administra- ommendations toward an important healthcare experts, be printed in the tion need to do to implement those steps? public goal and give them to us in a Operationally, how would these rec- way that we can actually implement RECORD following my remarks. There being no objection, the mate- ommendations work? them. rial was ordered to be printed in the 3. Once implemented, what are the poten- That is what I am looking for in the tial shortcomings of those steps, and why are letter that I am sending to experts Record, as follows: they worthy of consideration despite the today at the American Enterprise In- DECEMBER 11, 2018. shortcomings? stitute and at the Brookings Institu- JAMES C. CAPRETTA, Thank you for your consideration and at- tion—specific recommendations, pref- Resident Fellow and Milton Friedman Chair, tention to this request. American Enterprise Institute, Washington, erably in priority order, about what Sincerely, DC. LAMAR ALEXANDER, Congress and the President can do to PAUL B. GINSBURG, PH.D., Chairman. reduce the staggering healthcare costs, Director, Center for Health Policy, Brookings, Mr. ALEXANDER. I yield the floor. which is a problem in America. Our Washington, DC. I suggest the absence of a quorum. witnesses from the National Academy DEAR MR. CAPRETTA AND DR. GINSBURG: I The ACTING PRESIDENT pro tem- of Sciences and all across the board tell am writing to ask for your specific rec- pore. The clerk will call the roll. us that nearly half of everything we ommendations to help address America’s ris- The senior assistant legislative clerk spend on healthcare is unnecessary. ing health care costs. The Senate Committee on Health, Education, Labor and Pensions I also want input from other leading proceeded to call the roll. (HELP) I chair has held five hearings on the Mrs. CAPITO. Madam President, I policy experts, including economists, cost of health care and heard from Ameri- ask unanimous consent that the order doctors, nurses, patients, hospital ad- cans from across the country—from Alaska ministrators, State regulators, legisla- for the quorum call be rescinded. to Tennessee—that health care costs are a The PRESIDING OFFICER. Without tors, governors, employers, insurers, growing burden on taxpayers, employers, and and healthcare innovators. I am ask- family budgets. objection, it is so ordered. ing, in writing, for as many specific At a hearing in July, we heard a startling BORDER SECURITY legislative, regulatory, or sub-regu- estimate from our witness, Dr. Brent James, Mrs. CAPITO. Madam President, we latory solutions as possible by March 1, a member of the National Academy of Medi- are faced today with an escalating cri- cine, who said that 30 percent, and probably 2019. sis on our southwest border. We all over 50 percent, of all health care spending in know it. We see news of it every day, I am especially interested in policies America is unnecessary. That means that that bring to the healthcare system American taxpayers, patients, and busi- and it is very real. the discipline and lower cost benefits nesses are wasting as much as $1.8 trillion a As the chairman of the Appropria- of a real, functioning market. One way year. A number of witnesses corroborated tions Committee’s Subcommittee on to do that is to remove the barriers Dr. James’ estimate, pointing to causes such Homeland Security, I would like to that discourage innovators from com- as excessive and duplicative federal report- present some facts to the Senate that ing up with new ways to reduce ing requirements on doctors and hospitals make the case for increased invest- healthcare costs. A second way is to and a lack of accessible information on ment in our border security. health care costs and quality. In the fiscal year 2018, Border Patrol make it easier for the consumers of I am sending this request to additional ex- healthcare to know the true price of perts including economists, doctors, nurses, apprehensions at the southwest border what they are buying. patients, hospital administrators, state law- were up more than 30 percent compared I welcome suggestions of how those makers, governors, employers, insurers, and with fiscal year 2017. In real numbers, policy ideas could be implemented— health care innovators, on what steps the over 396,000 people were apprehended.

VerDate Sep 11 2014 01:50 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.006 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7394 CONGRESSIONAL RECORD — SENATE December 11, 2018 It is getting worse because, if you In the 1990s and 2000s, we built phys- tom up by career law enforcement pro- look at October of 2018 compared to Oc- ical barriers in four sectors: the San fessionals who walk the line every day, tober of 2017, apprehensions were up 88 Diego sector, the El Paso sector, the sometimes on boats on the Rio percent. The numbers are going up. Tucson sector, and the Yuma sector. In Grande—we did that too—and know The facts I have laid out don’t tell each of these places, the number of ap- where new infrastructure is needed the entire story. Border Patrol esti- prehensions dropped by more than 90 most. mates that it could be catching as lit- percent after the infrastructure was in- The plan was delivered in January of tle as half of the traffic that is ille- stalled. In these areas, investment in 2018 and provided us with a 10-year gally crossing our southwest border be- border security has enhanced the safe- roadmap for border security invest- tween the ports of entry, so we really ty and the security on both sides of the ment based on operational require- don’t know who we are catching, and border. ments. Here is what we learned from we don’t know what they are carrying. Neighborhoods that were once over- this plan. Border Patrol apprehensions of gang run with illegal activity are vibrant. As traffic slowed in San Diego, in - members is up 50 percent from fiscal Commercial areas that were once con- izona, and in El Paso, we have seen it year 2017 to fiscal year 2018. Mexico is sidered dangerous and unprofitable are shift to South Texas, to the Rio Grande a primary source for narcotics entering now flourishing with economic devel- Valley sector. This sector covers just the United States. This is extremely opment. Nature preserves that were 17 percent of the mileage of the entire important to me as a representative once trashed and trampled are again border, but it now sees 40 percent of from the State of West . full of our native plants and animals. the illegal border traffic. This sector Fentanyl seizures by Border Patrol The cartels on the other side of the also accounts for an outsized number of were up 115 percent over the past year, border profit in places where we narcotic seizures and a significant por- from 2017 to 2018. haven’t invested. Criminals aren’t tion of the assaults on our Border Pa- We know that a significant portion of going to stop smuggling humans and trol agents. opioids enter our country through narcotics into the United States be- Through the fiscal year 2018 appro- ports of entry, but we cannot ignore cause we have invested in certain key priations bill enacted in March, Con- the fact that we are seeing opioid places; they have simply changed their gress provided a downpayment of near- smuggling between the ports of entry routes and shifted their tactics to ly $1.4 billion toward this plan, this im- increase at alarming rates as well. areas where we haven’t yet built infra- provement plan. Similarly, methamphetamine sei- structure. Despite claims on the Senate floor zures by Border Patrol have increased If we fail to better secure our border, last week to the contrary, Customs and 75 percent since the year 2015. In more we are inviting vulnerable migrant Border Protection is executing this populated areas along the border, populations, many of whom may be funding at an astounding rate. About aliens and smugglers are crossing the fleeing danger in their own home com- one-third of it is already under con- border unimpeded and quickly van- munities, to subject themselves to dan- tract. Another third will be under con- ishing into our neighborhoods, into our gerous journeys through rugged ter- tract in the next several weeks, and commercial areas, and onto highways, rain. They are often doing so under the the entirety of this funding will be headed to places like Mississippi and under contract within a year of enact- West Virginia. thumb of cartels who profit from the il- A single load of fentanyl, walked legal human trafficking, just as they ment of this legislation. They are across our land border in an unassum- profit from drug trafficking. spending it where it is needed most and ing backpack, could threaten the lives We need to secure our borders and en- as fast as we can get it to them. of several thousand Americans. Failure courage these migrants to instead seek In June, the Appropriations Com- to better secure our border will have entry legally at the designated ports of mittee, led by my subcommittee, pro- consequences for all American commu- entry. duced a bill that recommended border nities. This past summer, I traveled for sev- security funding in line with this plan. I am very sad to say that my home eral days to the southwest border, both Specifically, the bill recommended sig- State is an acutely affected area. In in California and in Texas. I witnessed nificant funding for new physical bar- the year 2017, drug overdoses were re- the needs that we have there firsthand. riers along the southwest border. This sponsible for more deaths per capita in I saw the open pathways across the is a very good bill, but over the sum- West Virginia than in any other State. border and into our communities. I saw mer and over the fall, this crisis on the Listen to this. This is so sad. Overdoses the gaps in our border security. I also southwest border has escalated. tragically took the life of 1 out of saw communities that have become I believe we in Congress must dem- every 1,700 West Virginians and 1 out of safer because we have provided border onstrate that we are flexible enough to 46 Americans in this country. We saw a security. I didn’t just see those things; respond when the situation calls for it. 500-percent increase in meth overdoses I heard from the men and women who The statistics I cited certainly make a in West Virginia from the years 2013 to patrol our border each and every day. compelling case. 2017. What I have learned about this is It is a tough job. It is a tough job. They Providing additional resources in fis- that we have gone from prescription expressed the need for and the value of cal year 2019 and fiscal year 2020 for drugs to heroin, to heroin laced with the investments I am talking about border security infrastructure would be fentanyl, and now it is synthetic here today. consistent with the border security im- methamphetamines that are the While the need for additional invest- provement plan when viewed through threat. This is occurring while we are ment in border infrastructure may be the lens of an escalating crisis. This seeing an uptick in meth that is mass obvious to some, Congress has recog- funding would go straight to the places produced in places like Mexico, traf- nized that we need to be strategic in in South Texas where we are seeing the ficked across our border, and then dis- these investments. It was said on the most illegal traffic. tributed across the United States. Even Senate floor last week that there is no It is important to note that pro- more troubling, these types of meth plan for these investments. I am here viding an appropriate level of funding are also being laced with the synthetic to tell you that is not the actual, true is possible without exceeding any of and dangerous opioid, fentanyl. story. our budget caps and without short- In this current debate, it is easy to In fact, the bipartisan fiscal year 2017 changing any of our other very impor- forget that just over a decade ago, on a appropriations bill required Customs tant programs, as long as we get seri- bipartisan basis, Congress—and I was and Border Protection to provide us ous about finding a bipartisan way for- over in the House of Representatives at with a comprehensive border security ward. the time—was making significant in- plan, an improvement plan, to ensure I will take a time out here to recog- vestments in our border security infra- that we get it right. This plan was de- nize that Senator SCHUMER and rising structure. What we have seen from veloped sector by sector by agents in Speaker PELOSI are going to be meet- these past investments is that physical the field, and it was weighted by illegal ing with the President on this very barriers actually work at the border. activities that are occurring in those issue today, so I urge them to reach a The statistics show that. sectors. It was written from the bot- bipartisan way forward.

VerDate Sep 11 2014 01:50 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.008 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7395 I urge my colleagues here in the Sen- even blatantly false—propaganda to [Rollcall Vote No. 257 Ex.] ate to take a long, hard look at the scare and pressure them. Mr. Kobes YEAS—55 undisputable facts, which demonstrate even went out of his way to represent Alexander Flake Murkowski that the crisis on the border is esca- some of these fake clinics free of Barrasso Gardner Nelson lating. Our law enforcement personnel charge. Blumenthal Graham Paul Blunt Grassley have provided us with a plan to work Perdue He voluntarily defended a law requir- Boozman Hatch Portman toward improving and solving that ing providers to give a lecture full of Burr Heller Risch problem, so let’s work together and get ideological propaganda and Capito Hoeven Roberts Cassidy Hyde-Smith Rounds this done. fearmongering to women seeking safe, Collins Inhofe Rubio I yield back my time. Coons Isakson legal abortions. The required lecture in Sasse The PRESIDING OFFICER. The Sen- Corker Johnson this case actually went so far as to de- Scott ator from Washington. Cornyn Jones mand that providers lie to women and Cotton Kennedy Shelby f claim abortion increases their risk of Crapo King Sullivan suicide. It does not. Cruz Kyl Thune NOMINATION OF JONATHAN A. Daines Lankford Toomey KOBES Think about that. He argued for a Enzi Lee Wicker law that directly interfered with the Ernst McConnell Young Mrs. MURRAY. Madam President, I Fischer Moran come to the floor today to oppose Jon- relationship between a patient and her athan Kobes’ nomination to serve on healthcare provider—a law that said NAYS—44 the 8th Circuit Court of Appeals. Peo- women making their own decisions Baldwin Hassan Reed ple across the country know how im- about their own bodies and seeking Bennet Heinrich Sanders healthcare, which is their constitu- Booker Heitkamp Schatz portant it is that we fight back against Brown Hirono Schumer extreme and extremely unqualified ju- tional right, should be lied to, should Cantwell Kaine Shaheen dicial nominees. be frightened out of a decision with Cardin Klobuchar Smith Earlier this year, during Judge fake information, including fake infor- Carper Leahy Stabenow Casey Manchin Tester Kavanaugh’s confirmation, we saw just mation about suicide. That is utterly Cortez Masto Markey Udall wrong and disqualifying for any judi- Donnelly McCaskill how far President Trump and Senate Van Hollen Duckworth Menendez Republicans are willing to go to jam cial nominee. Warner Durbin Merkley through extreme judges who will work Mr. Kobes hasn’t merely represented Feinstein Murphy Warren to strip away women’s rights. these fake clinics. He served on the Gillibrand Murray Whitehouse But that wasn’t all we saw. We saw board of an organization that aimed to Harris Peters Wyden millions of women and men across the deceive and frighten women out of get- NOT VOTING—1 country inspired to stand up and fight ting abortions. It is clear he wasn’t Tillis back against his nomination. We saw chosen for his bona fides in the legal The nomination was confirmed. people speak out and share their own field. He doesn’t have them. The PRESIDING OFFICER. The Sen- personal stories about what was at Women and men across the country ator from Missouri. stake, about sexual assault, and how are paying attention. They know what Mr. BLUNT. Mr. President, I ask important it is that we believe sur- is at stake. Hours before the final vote unanimous consent that the motion to vivors, and about the right to safe legal on Kavanaugh, I came here to speak reconsider be considered made and laid abortions, what it means for women about how angry I was when the Senate on the table and the President be im- and their families, and about what failed Anita Hill in 1991 and confirmed mediately notified of the Senate’s ac- kind of country we want to live in. Justice Thomas, how I decided to run tion. We saw, without question, that peo- for the Senate after that so I could ple across the country want us to stop fight to change things, and how I hoped f President Trump from swinging our everyone who was angry about Judge LEGISLATIVE SESSION courts far right by packing them with Kavanaugh would stay angry and keep ideological judges—judges like Mr. fighting for change. I also promised Kobes, who will continue the Trump- right here that whatever happened, I MORNING BUSINESS Pence agenda of rolling back women’s was going to get up the next day and Mr. BLUNT. I further ask that the rights and access to healthcare. keep fighting, too, and I meant it. Making sure families know exactly Senate proceed to legislative session what Mr. Kobes would mean for women I am going to keep standing up, for a period of morning business, with if he is seated is what I am here to do speaking out, and making clear just Senators permitted to speak for up to today. It means weaker rights and less how harmful the President’s ideolog- 10 minutes each; further, that at 2:15 access to healthcare. ical nominees are. the Senate vote on the Kobes nomina- He is like many of President Trump’s I strongly oppose Mr. Kobes’ nomina- tion as under the previous order; fi- nominees before him. Mr. Kobes lacks tion. I hope all of our colleagues will do nally, if the nomination is confirmed, almost any real experience to qualify the same. that the motion to reconsider be con- him for a seat on the Eighth Circuit Thank you. sidered made and laid on the table and the President be immediately notified Court. He has little trial experience, I yield the floor. little appellate experience, and no of the Senate’s action. record of legal scholarship to speak of. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Is there I am not the only one concerned by KYL). The question is, Will the Senate objection? that. The American Bar Association advise and consent to the Muzinich Without objection, it is so ordered. nomination? has rated him unqualified. That makes f Mr. Kobes the sixth judicial nominee Mrs. CAPITO. Mr. President, I ask from President Trump who is opposed for the yeas and nays. EXCELLENCE IN MENTAL HEALTH by his professional colleagues. The PRESIDING OFFICER. Is there a ACT But the thin record he does have is sufficient second? Mr. BLUNT. Mr. President, I know disqualifying because it shows he will There appears to be a sufficient sec- that we have a number of things sched- put extreme rightwing ideology ahead ond. uled here, including some farewell of women and science. Mr. Kobes is an speeches from some of our colleagues. I The clerk will call the roll. outspoken advocate for fake women’s was scheduled to speak, and I do want healthcare centers, sometimes called Mr. CORNYN. The following Senator to speak, and I will try not to take too crisis pregnancy centers, that seek out is necessarily absent: the Senator from much advantage of the time. women looking for information about North Carolina (Mr. TILLIS). I wanted to speak today and this their healthcare needs and reproduc- The result was announced—yeas 55, week about the importance of treating tive rights and then use misleading— nays 44, as follows: mental health and the importance of

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.009 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7396 CONGRESSIONAL RECORD — SENATE December 11, 2018 the role that law enforcement plays in tell that that person was more com- your bank account. The greatest gift the way we treat mental health in this fortable talking to the iPad and com- you have is the amount of time you country. For too long, law enforcement municating that way than he was with have left on this Earth and what you and emergency room personnel have the officer that was right there with do with that time. I chose, for good or been, in effect, the de facto mental him, and it wasn’t because the officer bad, to come to the Senate. health delivery system for the country. was in any way intimidating or unpro- I think when we have a world of op- The National Institutes of Health fessional. It was just because of what it tions and we make this choice, it is so says that one in five Americans has a was—a linkup with someone at another important that we come here with pur- mental health or behavioral health site, but someone who clearly was well pose—not just to be named a Senator, issue and that one in nine adult Ameri- prepared to deal with those kinds of not just for the trappings of office, but cans has a behavioral health issue that issues. with purpose. impacts how they live every single day. So we are going to see that this bene- The truth is, I am not supposed to be Two Congresses ago, in the 113th Con- fitted the kinds of things that the men- here. I am from Mantador, ND. It is a gress, Senator STABENOW and I worked tal health community can do to pro- town of 90 people. When I was growing to pass legislation—the Excellence in vide more resources to the law enforce- up, my family was one-tenth of the Mental Health Act. What that did was ment community. The Excellence in population. I just had to say that. to create eight State demonstration Mental Health Act is providing a serv- My dad was a World War II veteran projects that would last for 2 years ice and, I think, producing real results. who loved education. He read the paper each to see what would happen if we I would also say, as I conclude my re- every day. He believed in this country. treated mental health like all other marks on this topic, that what we hope But he was never given a chance to go health concerns—something that ev- to see is a significant number of people. to high school. My family struggled to erybody knows I believe we should Remember, I said NIH said that one get by, and when you look at it, you have been doing and something that in out of five adult Americans has a be- think about this; you think about a eight States we are doing. havioral health issue. What happens country where somebody from my The good news was that 24 States ap- when you deal with that behavioral background could actually become a plied, a number that exceeded every health issue in terms of how you deal U.S. Senator. discussion that anybody had about how with all of the other health issues that I am a Democrat from a very con- many States would step forward and that individual or that community will servative State, but against all odds— say: We would like to be the States be dealing with? What happens if some- in fact, the prediction was it was only that try to do this first. Twenty-four body is feeling better about them- 8 percent—I got elected to the Senate. States applied. I was certainly proud selves—taking their medicine, eating The fact that I got to serve in the Sen- that Missouri was one of the eight better, sleeping better, showing up for ate for 6 years is an incredible Amer- States chosen to be in the demonstra- the doctor’s appointments, showing up ican story. People always ask me: At tion project. for the dialysis appointment, doing what point did you think, wow, you We are about halfway through the 2- what they ought to be doing? came to the Senate? year project, and in our State and in I believe what we are going to find I have said that I was so busy after I the seven other States, people have ac- and what has been found in earlier big got elected because no one thought I cess to mental health services they county studies of this kind is that ac- would ever get elected, so people who didn’t have before. Most Missourians tually doing the right thing winds up never wanted to see me during my are within a relatively short drive of a saving money, not costing money. But campaign wanted to see me. I was busy facility that will treat their mental also doing the right thing for police of- taking meetings and busy putting to- health problem like it was any other ficers, for people in emergency rooms gether the office. health problem, and as we begin to do and providing the kinds of connections I remember the day I came to that that, I think we are going to see the and alternatives needed make a big dif- Chair and the pastor came and he gav- kind of impact on law enforcement and ference. eled in, and then I turned around to say the kind of help that law enforcement For all of the healthcare providers the Pledge of Allegiance. I thought: needs as well. and the law enforcement individuals Here I am from Mantador, ND, a girl, Just a couple of years ago, I rode involved, I am grateful for what they middle-aged, a pudgy Democrat from with both the crisis intervention teams do, and I think we are seeing some real North Dakota, and I am standing in the in Kansas City and in my hometown in results from the bill that this body well of the Senate where not even 2,000 Springfield. In Springfield what I saw passed, President Obama signed into people have come before. there were officers dealing with a 24/7 law, and is producing great results. This is a great and good and noble linkup to the Burrell mental health I yield the floor. country with great purpose, with great clinic, the local and regional mental The PRESIDING OFFICER. The Sen- opportunity. I want every child out health provider. ator from North Dakota. there to understand it doesn’t matter. Sixteen officers, at that time, had, in Ms. HEITKAMP. Mr. President, I ask We represent a cross section of this effect, iPads that linked them up to a unanimous consent to speak for as great country, but we also aren’t that mental health professional. It didn’t much time as it takes me to finish special. We are not. take too long—and I think this would this. I promise I will not keep you here Sometimes I think the American be indicative of what most law enforce- until midnight. public think if you took 100 random ment officials see almost every day— The PRESIDING OFFICER. Without people and put them in the chairs, they before we came on someone huddled in objection, it is so ordered. could do better than we could do. But the alcove of a building that was va- f the truth is, you all came here with cant who clearly had a behavioral that same noble purpose. You all came health problem. It wasn’t at that point FAREWELL TO THE SENATE here to change America, to do the right a drug problem or an alcohol problem. Ms. HEITKAMP. In 2003, I was diag- thing. I don’t care if you sit across They were where they were because nosed with stage III breast cancer. there; I don’t care if you sit here. You they had a mental health problem. After treatment, my oncologist told all came here for the right purpose. The officer was able to Skype back me I had a 28-percent chance of living The fact that I got to serve in the immediately with a mental health pro- more than 10 years. Think about that. Senate is part of a great American fessional. What I was really most inter- I knew right away that I had a story, and that story happens only in ested in is that even with a well- chance to use whatever time God gave this country. Don’t ever forget that. If trained officer who knew exactly what me for good and noble purposes—to try we lose that opportunity, we will be- they were doing and how to do it—even and do the things I have always come diminished as to who we are. with that officer there—as that officer thought needed to be done in this coun- Today, I want to offer a few com- linked the person up with someone—in try. ments. I hope they are not too preachy, effect, a telemedicine linkup with a It is an important lesson for all of but I want everyone to understand, es- mental health professional—you could you. The greatest gift you have is not pecially my colleagues, that this has

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.011 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7397 been the opportunity of a lifetime. up for Native American children, which that will change outcomes. This tech- Think about what we did to get here. I did with Senator MURKOWSKI, was the nology is absolutely essential to tack- This process we go through is brutal first bill I introduced. It was symbolic ling the problems of carbon emissions and, quite honestly, obscene. It is ob- for me because we have to do better. I in this country. scene what we do to get here. found great partnerships with Senator Don’t say it can’t be done. If you can Having done all of that work, having MURKOWSKI, not just on this but on get SHELDON WHITEHOUSE and MITCH taken those steps and walked that other issues. I know her heart, and I MCCONNELL on a bill that involves car- gauntlet of a campaign, we have an op- know that she cares. When you find bon and the coal industry, that is a portunity not just to achieve the title people who care the way you care, you good day here. That is a really good but to do great and good things for this can do amazing things. day here. country. My job here—the work I have My legislation with our colleague I worked to help address the detri- done—has always been to remember John McCain to create an Amber Alert mental impact exposure to trauma can who we are standing in this well for. in Indian Country became law. have on children and families. This is Throughout the past 6 years, I have We are on our way to passing Savan- an issue I hope you all will become bet- stood here for North Dakota, for the na’s Act, which is going to recognize ter educated on—childhood trauma and incredible people I serve. I have stood for the first time the challenge and the the effect that it has on so many of our here for the families of disabled chil- tragedy of missing and murdered indig- children. I worked with great col- dren who were terrified they would lose enous women. All of this so important. leagues. DICK DURBIN actually let me their healthcare. When I took that vote We have bipartisan legislation to take the ball and run with it, for which on the Affordable Care Act, in that help crack down on human trafficking I will always be grateful. vote, I remembered their faces; I re- online. We shut down backpage. We I worked with CORY BOOKER from membered their tears. I have stood shut down people who were, in fact, doing incredible things for here for the men and women of our selling children for sex. Think about children. Armed Forces and our veterans in that. That is a noble act. It is pivotal, if we are going to North Dakota, who believe they did a The challenge continues. Congress change outcomes for American fami- great thing and deserve to be treated passed my bill to give first responders lies, that we begin to address why it is respectfully, honorably, and, yes, get more training and resources to keep that we do everything we have always the benefits they have earned. Too our communities strong and safe. done and we expect a different result. often they are denied. Veterans should I led a successful effort, again, with We have to think differently about not have to come to a congressional of- my colleague from Alaska, Senator these issues. fice to get the benefits they have LISA MURKOWSKI, to lift the age-old ban I helped to negotiate and pass two earned, yet too many have to. on exporting oil and pair it with renew- farm bills. I have stood here for retirees whose ables, which we did with my other col- Thank you, PAT, and thank you, pensions were threatened. I have asked leagues on this side of the aisle when DEBBIE, for believing in bipartisanship a simple question: If we can spend bil- we looked at enhancing renewable en- and believing in rural America. lions bailing out the failed Wall Street ergy. It was a flaming success on both I have worked with incredible folks. I bankers, can’t we pay attention to the sides. We are exporting, literally, mil- thank JOHN BOOZMAN, from Arkansas, working men and women who are lions of barrels of oil, resulting in en- and have a great story. struggling, who are in crisis? Literally, ergy independence and helping our al- A little known fact in the farm bill the heartbreak of their stories, if heard lies, but we also are growing our re- that we are all going to pass is that across this Chamber—the reaction newable energy industry because of this is, maybe, the first piece of major would be overwhelming. Many of them that effort. It didn’t happen without legislation involving Cuba. In order to are veterans. Many of them worked colleagues working together. enhance export opportunities to the is- hard and now are broken in the work I secured a vet center in Grand Forks land of Cuba, we have lifted the ban of they have done. and a CBOC in Devils Lake. It might be using the USDA programs. It is the I have stood here for farmers in rural small to this body, but it is huge to the first time we will have addressed Cuba communities, and I have stood here for veterans it serves. in any piece of major legislation. Native people. Many times, as you I got needed funds for flood protec- I don’t know if Senator CARPER is know, I have tried to do my best to tion across North Dakota—projects we here, but I care about the post office. educate all of you on the challenges of need—by working with Senator You guys ought to, too, as we have our first Americans, our Native Ameri- HOEVEN. ignored it for way too long. cans. I passed my bill to secure the north- I am going to give you a shout-out, Mostly, I hope I have stood here for ern border by working with Kelly TOM, and get everybody else interested the children of America because, in Ayotte, who is no longer here but a because I am not going to be your part- spite of how we behave, they truly are great friend. ner anymore on the post office. our future. They are the people who I helped write legislation to provide For those of you who care about poli- make a difference for our future, and if relief to community banks with Sen- tics, I want you to understand that we do not start respecting the chal- ator CRAPO, Senator DONNELLY, Sen- when I made a post called ‘‘Fix My lenge that we have to create a better ator TESTER, and Senator WARNER, rec- Mail’’ and thought I would get 20, 30 world—a better world with more oppor- ognizing the challenges of small lend- hits in the little State of North Da- tunity—we will not fix the problems of ers and how we needed to address those kota, I got over 500 complaints about American long term. challenges. No one thought we could what was happening with the rural These are the people who drive me get that done, but we did because we postal delivery. every day. They are whom we serve— believed we could. Think about that. If we can’t run the post office, how not a party, not an ideology. We serve I worked with Republicans and can we run the country? You all need Americans. I have spent my time Democrats—probably the crowning to ask yourselves that question. standing and fighting for them, and, achievement together in terms of bi- I am also incredibly proud of the for me, that work will never stop. partisanship—to deal with carbon cap- stuff that I have done every day for With all of that said, I stand here ture. It was the first major piece of North Dakotans. In 6 years, I have held proud of what we have accomplished. carbon legislation that has been passed over 3,500 meetings with North Dako- When you look at the time and the since I have been here. tans both in Washington and in North opportunity to rise above partisanship I can’t speak to other pieces, but how Dakota. My office has provided re- and rancor, I have found so much com- did that happen? It happened when sponses to over 205,000 North Dakotans mon ground with so many Members of Senator BARRASSO, Senator CAPITO, who have reached out to me about var- this body. I am incredibly proud of and I, and by the way, Senator SHEL- ious issues, and my office has helped what we have been able to accomplish. DON WHITEHOUSE collaborated. We said: over 18,000 North Dakotans who have I have advocated for Native Amer- We can’t agree on climate, but we will had issues with Federal agencies—get- ican communities, and my bill to stand agree on development of technology ting their VA benefits, fixing issues

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.012 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7398 CONGRESSIONAL RECORD — SENATE December 11, 2018 with Social Security, helping to re- big city to some, but it is a pretty big what families in the bottom 99 percent solve immigration, and much, much place to those of us in North Dakota— make. Much of the recent economic more. you are just one generation from Hills- prosperity we have seen in this country People always ask me: What is your boro or you are just one generation has been concentrated on the coasts, greatest achievement in the Senate? from Cooperstown. but it has left much of rural America I can go through all of the things I I also want to say that we cannot behind. just talked about, but I would like to sustain a record debt and deficit. This The administration’s trade is not talk about a Native American who is is a bipartisan challenge. This is a something I have been shy in talking from Spirit Lake Nation. He is a pipe challenge of historic proportion. We about, for it is causing an emergency maker, which is a very ceremonial and are the only generation in America and in rural America, but I think it is honorable position within his culture. in our history that has inherited from going to cascade into a challenge and is He is also a Korean war vet and was the ‘‘greatest generation’’—our par- going to domino into there being eco- one of the first people on the peninsula. ents—and that is borrowing from our nomic peril for this country. I am not He was injured and captured, but he kids. Shame on us. Shame on what we saying that we don’t need to address literally saved lives during what was are doing right now. The Congressional disparities and inequities in trade called the Tiger Death March. He ended Budget Office has said that our coun- agreements. I am saying that you don’t up serving in a prison camp for the en- try’s debt is headed to its highest level need a 17th century solution, which is tire Korean war. since World War II. These actions will called tariff, to deal with a 21st cen- When he got out, no one knew who he have serious consequences, including tury problem. was. There was no documentation of increasing the chances of there being a You all have to take responsibility. the fact that he had been in the pris- fiscal crisis, which we will not be able Think about this. Think about the oner of war camp, and there was no to ignore. White House’s unilateral ability to im- documentation that he had been in- I urge you to put fact before fantasy. pose a tax on the American people and jured. Senator Dorgan was able to get Open your eyes. See this challenge. then, even more remarkably, to create him his POW Medal. Guess what. He Several months ago, when I voted a system over at the Department of also didn’t get his Purple Heart. That against the tax bill that has greatly Commerce that, basically, waives those bothered him because he had served contributed, I think, to the record defi- taxes. How many of you would let the and had done incredible things during cits we now face, I ran into an older President decide who he is going to tax that service. man after I had given a speech at the if it were income taxes and then for In scouring the Earth, we were able Veterans Day service. He came up to whom they will be waived? None of you to find someone in Texas who would me—it was actually before the vote— would. Take responsibility. Congress sign an affidavit—who said: Yes, he had and said: Senator HEITKAMP. needs to take back responsibility for been injured. When we presented that I said: Yes, sir. tariffs before it is too late. These mar- Purple Heart to this veteran, who was He said: I want a tax break. kets took years to develop for agri- 86 years old, he got out of his wheel- I said: I hear that a lot. culture. They are not going to come chair, saluted the flag, and hugged his He said: But not at the expense of my back at the snap of a finger. When you medal. kids. look at the net farm income, it will be You all have the power to do that. He is still a patriot, that Vietnam 13 percent lower in 2018 with there You all have the power to make just veteran. He still knows what it means being no promise of an increase in net one little difference. Do that. It is a to sacrifice for the next generation. So farm income in the future, and this great thing even though it is not big the Federal Government needs to be re- will cascade through rural America. legislation. In knowing that we are sponsible as to how it spends its I also want to sound the alarm and go doing the work of the people and in money. to Senator BLUNT, who, I think, did a knowing that so many North Dakotans I am grateful that my friend JAMES wonderful job, and I couldn’t agree have met with me and told me about LANKFORD is here because we toiled with him more in my being the wife of the incredible challenges they have had away at government efficiency. Many a family physician who tells me every and the incredible obstacles they have times, we toiled away in spite of our day that if he could only get his pa- faced, you can make a difference. You ideological differences. In spite of our tients to be compliant with their hy- can help put food on their tables. You world views on issues, we still believed pertension and compliant with their di- can help them to remain as families. that this government needed to be effi- abetes. The single biggest factor is be- You can help to get them healthcare. cient, that it needed to be effective, havioral and mental health. That leads You can do big things, but the little and that it needed to spend money in to challenges, and that challenge leads things matter, too—the little things the right way. We marveled that no to despair, and that despair leads to a that affect each one of their lives. one seemed to care about it any more record rate of suicides. Despite all of the progress we have than just to show up for an occasional I don’t know how many of you saw made during some difficult times, we meeting. that the Economist magazine did a big aren’t done. Every day, I come to the That work can’t stop. I hope you will story on suicides throughout the world, floor and fight for rural America. find an equal and willing partner in but in only one country of the devel- There is a huge gap in productivity and your work, Senator LANKFORD. I know oped nations is it increasing—the a huge gap in economic viability. your heart, and I know that, for you, United States of America. According to There is a huge gap. As we see the re- this is a moral imperative—to spend the U.S. Centers for Disease Control treat of rural America, we become less every dollar that gets sent here in the and Prevention, the rate of death by in this country. As we see more and right way, in the most efficient way, suicide jumped by 58 percent in North more wealth moving to urban areas, we and to do things right so that we can Dakota between 1999 and 2016. have to address this issue. There are tell the American public that we are That is why, in my office, we have big clouds, I think, on the horizon that spending their dollars responsibly and made it a priority to address the under- face this country and rural America. If that we are making the right choices. pinning causes of death by suicide and Congress doesn’t tackle them head-on, We will have many, many more op- the challenges that we confront in var- our children and grandchildren will tions, and we will grow the reputation ious pockets of our population whether suffer the consequences. of not only the U.S. Government but of it is of our veterans, whether it is of This is an urgency that takes center the U.S. Senate. Native Americans, or whether it is of stage for me. I wake up every morning Income disparity is at a crisis as young people. Now there is a growing and think: What am I going to do about more individuals and families get left rate of suicide among the elderly. Con- rural America today? Do you know behind. The top 1 percent of families in gress has to take steps. There is bipar- why? I am one of the few people here America make more than 25 times tisan support for addressing mental who does that, and it is because I rep- what families who are in the bottom 99 and behavioral health and for looking resent a State that is still very rural. percent make. Think about that. Let at the comprehensive crisis of addic- Even if you live in Fargo—it is not a me repeat that—more than 25 times tion.

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.014 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7399 As long as I have this soap box and children? That means all of our chil- I had a novel idea since I joined this you are all listening to me, can we just dren and our grandchildren. Do you Chamber. I have been determined to quit talking about opioids? Can we want to win a reelection no matter get results and to put my State first, start talking about methampheta- what the cost? Do you want to be able above political party. There are many mines? Can we start talking about al- to look yourself in the mirror and say, around here, on both sides of the aisle, cohol? Can we start talking about a ‘‘I did good today’’? who know how to get results, too, and culture of addiction and not just focus I implore those who are still serving I encourage them to speak loudly, on the opioid addiction? It is the and all of those who are about to join work clearly, seek compromise, and bright, shiny object that we always run this Chamber to seriously examine continue to do great and good works. I to, but it is the cover story for a much those questions. I hope that you will hope more Senators will join them. bigger problem that we are not ad- take up this mantle of the important, We also need more political courage dressing in this country. So, please, needed priorities. For many of you, all in Congress. We need Members of Con- please, face the addiction challenge of those priorities are the same. gress who are willing to take tough head-on and in a broader context. In fact, I thought we should do an ex- votes because it is the right thing to It also would not be like me if I periment. On one Tuesday—I challenge do, even if it puts their reelection in didn’t talk about Indian Country, you—you should have the Democratic jeopardy. We need more Members who which faces dire challenges with pov- caucus, at its lunch, give a list of the are not too scared to stand up when erty, abuse, and addiction. Far too few 10 problems Americans confront that someone in their party uses fear and Americans fully understand the chal- they want to solve. Then have the Re- lies to win support. lenges in Indian Country or the impor- publican conference do the same thing. There is a fine line between rep- tance of Tribal sovereignty, treaty I would bet that if you would match resenting those you serve and being rights, and cultural heritage. I, along those two lists, they would look pretty representative of them. They don’t al- with my colleague Lisa, have worked similar. In fact, they would probably be ways align. It is why we need to use to educate many in this Chamber about identical. When the American public facts and judgment—not polls—to those challenges. With my colleague sees that you know the problems but make our decisions. Then it is up to each of us to explain those decisions. SUSAN COLLINS, I have also talked that you can’t find the will to solve the about the challenges of runaway and problems, then they become under- Simply put, sometimes leaders are missing people. She has been a great standably discouraged. So my work needed to move public opinion to the partner on so many things that I have isn’t done. I will just continue to do right side of history. Remember that done. this work from a different vantage the decisions you are making, espe- I think that when we find people of point. cially on big policy, will have con- like heart and like commitment, we As you soon start your work in the sequences well beyond today. I want to tell you about a Native can do amazing and good things for the next Congress, with all of these chal- American principle. It is called ‘‘seven American public, but we all need to un- lenges, please consider a few things. generations.’’ It urges decision making derstand that the first people—our first The Senate only works if we enable it in any way to look at how the current Americans—should not be the last to. That means each of us needs to do decisions that are made in this genera- Americans. They should not be ignored our job. We may not always agree, but tion will affect seven generations—the when you have a unique position here I know Senators can work together—as next seven—and to think about how given that your government, the U.S. I have—to get results. I know that you can look to a much broader pur- gridlock and partisanship do not have Government, signs treaties on sov- pose. ereignty rights. So, when you look at to rule the day. I have seen it first- I had a thing that I did in my office. the disparities, you can’t believe that hand. When people would come in and they I will ad-lib a little here. I also think we have done right by the treaties. would have the issue of the day, I that you, as Senators, need to take Finally, I want to talk about the cri- would say: Look up. What is on the ho- power back from leadership. Too often, sis of childhood trauma, which I have rizon? Debt and deficit, a looming re- leadership determines the agenda. We already addressed, but this will be just tirement crisis, a crisis in education, a to give you some numbers. These may should determine the agenda. I have crisis in addiction. Look up. What are be things that you haven’t thought seen it firsthand. I have seen that we we supposed to do? There is a crisis in about. can come together and solve problems, infrastructure, in healthcare. Look up. According to a Justice Department such as when climate change advocates What do we need to do today that study, 58 percent of all American chil- and climate deniers come together on a seven generations later people will dren had witnessed or had been crime carbon bill. If that isn’t an indicator look back at? Don’t worry about a pub- victims in 2014. Traumatic experiences that Congress can function, I don’t lic opinion poll because you are mak- like abuse, neglect, witnessing a crime, know what is, but it took political ing decisions not just for those people and parental conflict can lead to ongo- courage on both sides, particularly today. You are making decisions for ing, severe mental and behavioral from my colleague from Rhode Island. the next seven generations, and they health complications. For Native I don’t believe this country or the have to be the right decisions. American children, these health risks caucus is as divided as it seems. All of All of you know that you are better are that much more prevalent. us—those serving in Congress and than the outcomes of Congress. You When we look at the challenges across the country—want our people to are nobler than the petty rhetoric that ahead, there will be larger issues for get a good education. They want af- is bantered about here every day. Im- Congress to confront. Members of Con- fordable, quality healthcare. They portantly, your reputation is tied to gress cannot just look for a quick win want a good job that puts food on the the reputation of every other Member to talk about in their States without table and retirement security. They because we have no power independent their taking into account the long- want all those things that build an of each other. The greatest power that term consequences of their actions. We economy. Our economy is the founda- we have is the collective power of the need to look up, and we need to look tion and the bedrock of the might of U.S. Senate. The success of your col- bigger so that Congress will be creating this country. People will point to the leagues is your success. When great a solid future for our children and our military, but the military cannot exist and hard things are done, you share in grandchildren. If we do nothing else in without the economic strength of this the satisfaction of a job well done. this Chamber, that would be an impor- country. It has been a true honor and a privi- tant first step. I think that too often politicians cre- lege to serve as a Member of this All in Congress make their own deci- ate and profit from issues that divide Chamber and to contribute to helping sions about how they want to use their us. It is the only profession where peo- North Dakota and our country. I am time, which can come down to a few ple are rewarded for blocking things grateful for that wonderful oppor- simple questions: Do you want to solve from getting done. Think about that. It tunity. problems or not? Do you want to do is no wonder the American public has Over the last 6 years, I have made right by your children and your grand- such little faith. amazing friendships with all of you

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.015 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7400 CONGRESSIONAL RECORD — SENATE December 11, 2018 that I can’t talk about right now be- friends. My mother and my father tragic cases of missing and murdered cause it is too hard, but I want you to made us strong, and I hope I have made Native American women. keep fighting for those shared dreams, them proud. She has helped to bring awareness to for those dreams you shared with me, I yield the floor. these issues. We will have a hearing on for those ideas that you had that will (Applause, Senators rising.) the issue this week as well. We appre- move this country forward. I want you The PRESIDING OFFICER (Mr. ciate her insight and work as a member to continue to dream and to continue CRUZ). The Senator from North Da- of our committee. to believe. kota. These are just a few examples of the When I came here, I once came to a f issues that we have worked on together Member, and I said: I have this really to advance. While we may be on oppo- TRIBUTE TO HEIDI HEITKAMP great idea. I told him about it, and he site sides of the political aisle, there is said: Yes, that is a really good idea. Mr. HOEVEN. Mr. President, I ask one thing we have always agreed on— I said: Let’s work on it. unanimous consent to be recognized for that it is an honor—an incredible He said: It will never happen. comments on behalf of my friend from honor—to serve the great State of I said: It is a good idea, right? North Dakota. North Dakota. Yes, it is a really good idea, but it The PRESIDING OFFICER. Without In closing, I want to wish Senator will never happen. objection. HEITKAMP the best going forward and I said: We have to get out of the Mr. HOEVEN. Mr. President, I rise to thank her again for her service on shared culture of failure, believing it today to speak on behalf of Senator behalf of North Dakota—a place that can’t happen. It can happen. We can do HEITKAMP and to thank her for her we are both blessed to call home. really big and great things when we be- service on behalf of the people of North Thank you. lieve we can, when we refuse to accept Dakota, as well as the people of this The PRESIDING OFFICER. The Sen- failure, and when we refuse to believe great Nation. ator from . that we are somehow limited. No one is We have served together for the past Ms. KLOBUCHAR. Mr. President, I tying you. No one is limiting you. You 6 years, not only in the Senate but also also rise to honor my Senator next are a U.S. Senator, and, collectively, on the Agriculture Committee, the In- door and my great colleague Senator you will make a difference. dian Affairs Committee, and the Home- HEITKAMP. I want to also thank other people. land Security Committee. As you could see from her beautiful The first is the Capitol Police. Jok- We have been able to work together remarks, she is a person of true cour- ingly—only it is not a joke—some of on a variety of issues important to our age and strength and a friend to so my best friends here are Capitol Police. home State, and we have been able to many. We saw this strength when she Some of the nicest people you are make progress on behalf of the people was running for Governor while bat- going to meet serve you in the dining of North Dakota, as well as the coun- tling breast cancer. We saw it when she room. Some of the greatest people are try. stood up for the people of North Da- painting the walls out there here. Say Ag is still North Dakota’s top indus- kota as their attorney general, and we hello. Don’t just walk by them. They try. As members of the Ag Committee, see that courage every single day in serve you, and they are proud. They are we have had the opportunity to craft the U.S. Senate, as she fights for the proud of the work they do. They are good, long-term foreign policy that people of her State and the values that wonderful people, and I want to thank will make a difference not only for have defined her as a public servant. them for their friendship. hard-working farmers and ranchers in She is simply one of the best and one I want to thank so many more people North Dakota but across the Nation. In of a kind. Going forward, I hope that who cared about this place. fact, we have just released the con- people will listen to the speech that I also want to thank my staff, who ference report with our Ag Committee she just gave about those seven genera- are all here. Many of them are amazing leadership, Senator ROBERTS and Sen- tions, because that is service. people, and they are going to go on to ator STABENOW. I commend them for HEIDI has always been true to herself do amazing things. their hard work as well. and as mavericky as her red hair. When When I sign things, I say: Go do great Good farm policy benefits every I walk into a room filled with dark and good things. American, every day with the highest suits and I see that red hair in the mid- You can do great things, but they quality, lowest cost food supply in the dle of it, I know where to go and ex- may not be good things. We have seen world. Certainly, as a fellow ‘‘aggie,’’ actly what I will find. There is her joy that throughout history. Senator HEITKAMP understands that. and her optimism, so much of it com- I say: Go do great and good things. I think it is really important that we ing from growing up in a family of And they will. They are amazing. continue to point out that a good farm seven kids. There is her sense of They have given so much. bill isn’t just about farmers and ranch- humor, which I love, even when it is I know you all think you have the ers. As I said, the highest quality, low- mixed with some serious trash talk, best staff. Unfortunately, I do. A lot of est cost food supply in the world, even when it is directed at my State them are available, I just want to say. thanks to our farmers and ranchers, next door. There is that friendship, I want them to take what they have benefits every single American every which I treasure above all else. There learned into their future endeavors. I single day. is the example she sets of what one per- want to make sure that the legacy that I know Senator HEITKAMP will con- son can accomplish when you combine we leave is a legacy of service, of whom tinue to work, along with our entire so much heart and fierce determina- we serve and whom we stand for. delegation, to get the farm bill ap- tion. Finally, I want to thank my family: proved by the end of this year so we We saw it with the human trafficking my husband Darwin, who is toiling in can provide certainty and security for legislation that she talked about the clinic as we speak; my daughter our great producers. today. We saw it with her work on en- Alethea, my son Nathan, and my six As chairman of the Indian Affairs ergy. We saw it with her work for her brothers and sisters, who are fairly fa- Committee, I have appreciated Senator farmers. Thanks to leaders like HEIDI, mous all across North Dakota. I would HEITKAMP’s commitment to help em- we are making progress on so many like to just say that they have been my power our Tribal communities and to issues. rock. improve the quality of life in Indian I will never forget the trip that I got Finally, I want to thank my mom Country. Senator HEITKAMP has been to take to Mexico with Senator and dad because they taught me and an advocate for Native communities. HEITKAMP and Cindy McCain on human my siblings to stand up for what is She was able to pass bipartisan legisla- trafficking. One of the most memo- right, to have our voices heard. I know tion to establish a commission on Na- rable moments was when we visited a they are watching me from above, and tive children. Additionally, the Senate shelter of girls who had seen unspeak- I want to thank them for raising a recently approved Senator HEITKAMP’s able tragedy. We met a little girl rowdy, boisterous, and determined Savanna’s Act, which is legislation to named Paloma. That means ‘‘dove’’ in crew who remain each other’s best bring greater awareness regarding Spanish. That girl, unlike the other

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.016 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7401 ones, didn’t say a word. All she did was ments, of which there are many, but to school nutrition, increasing access to cry. That is all she did. It made me inspire us. It was a call to action. It healthcare in underserved areas, and think of what a refugee once said. She was a call to the better angels of our- expanding mental health services for said that what she had seen in her life selves to work together in the interests our rural vets. She was also instru- would make ‘‘stones cry.’’ of our country. mental in the success of the Common I saw the tears going down HEIDI’s Maine and North Dakota are sepa- Sense Coalition in preventing a face as that girl was just sitting there rated by a great distance, but the peo- lengthy government shutdown earlier crying. HEIDI just doesn’t watch that ple of our two States have in common this year. happen. She comes back, and she takes the qualities of hard work, of respect Senator HEITKAMP has been an effec- those tears and puts them into action. for tradition, balanced by a spirit of in- tive and courageous colleague, but That girl had no voice. HEIDI was her novation and a belief in personal re- most of all, she has been a dear friend. voice. She has done that time and sponsibility, always tempered by com- Our friendship transcends party lines again. passion. and is rooted in mutual respect and As she mentioned, everywhere you go During her years in the Senate, HEIDI trust. in North Dakota, you practically meet HEITKAMP has demonstrated those To my friend, I say thank you for a member of her family, and somehow qualities time and again. She is pas- your service to our country and thank they all look the same. sionate, as we heard today; she is ener- you so much for your friendship. I am There is also her wonderful husband getic, as we have seen in her work; and so grateful that we served together, Darwin, whom I adore. One of my fa- she is a committed public servant who and I wish you all the best. vorite Darwin stories was the time has worked so diligently for her State Thank you. when we took the first all-women Sen- and for our country. The PRESIDING OFFICER. The Sen- ators trip to Africa, and HEIDI and I Senator HEITKAMP has a remarkable ator from . were sitting next to each other with record of public service. As her State’s Mr. TESTER. Mr. President, I want some people out in the countryside, attorney general, she fought to protect to talk for just a few minutes about with the elders. On one side were all the people of North Dakota against Senator HEIDI HEITKAMP, but first I the women, with the women Senators, drug dealers, to defend seniors against want to start by talking a little bit and on the other side were all the men. abusive scams, and to keep sexual pred- about why North Dakota is so impor- I turned to HEIDI—because all of the el- ators off the streets. tant to me. ders were wearing these incredible hats Senator HEITKAMP has continued My grandfather and grandmother and outfits—and I said: Who is the guy those causes, that fight as a Member of lived in Argusville, in West Fargo, and at the end with the baseball cap? the U.S. Senate. Among the many moved to the place where I farm in She said: That is Darwin. issues on which we have worked to- about 1910, so I have always had a kin- There he was. He was always there, gether, Senator HEITKAMP’s determined ship with North Dakota. always there for her. leadership on efforts to support victims Before I came to this body—even be- So that is HEIDI. of human trafficking and to prevent fore I got into the State legislature—I I will end with one story from that youth homelessness stand out. She and always looked at North Dakota with trip; that is, when we were in a hut in I led the charge to increase Federal envy because they had two U.S. Sen- the middle of nowhere, and there was a funding for the Runaway and Homeless ators by the names of Byron Dorgan woman who lived there, a widow, with Youth Act and the McKinney-Vento and Kent Conrad. I thought they were her kids. We went into that hut, these Education for Homeless Children and incredibly effective people, and when I women Senators, and started asking Youth Program. got to this body, I found out that in that woman who was so proud of every- She has also been such a strong advo- fact they were. Byron used to talk thing she had done—all that was in this cate for children, as you all heard about Rosie the Riveter and trade and hut was one solar panel that she got for today. She has worked to help teen- Kent used to talk about the budget. her work and one thing on the wall, agers who find themselves without a Then there was this lady by the name which was a chart that showed all of permanent home or on the street. of HEIDI HEITKAMP, who decided to run the huts. It showed her with a star in I was proud to stand with her in help- when Kent hung up his cleats. I re- the middle, and it showed how she had ing to forge the bipartisan path for- member sitting in caucus as the cam- helped to make sure they had good hy- ward on the Justice for Victims of paign unfolded in 2012. As a candidate, giene and if they got baby care, as she Trafficking Act, which became law and especially in a tough State like North was in charge of that. includes Senator HEITKAMP’s provision Dakota is or a tough State like Mon- One of us asked this woman, who we to give safe harbor to victims of human tana is, you always worry about dif- had learned had walked every day, an trafficking. She has also shed light on ferent issues as they are coming down hour and a half each day, to get water: the role healthcare providers can play the pike and how you were going to What is your biggest challenge? in identifying and protecting the vic- deal with them and how you were going This woman looked at these Senators tims of human trafficking by authoring to message them. Healthcare was a big and looked at this Senator with red the Stop, Observe, Ask, and Respond to deal in the 2012 election. I saw one of hair from America and said: I have no Health and Wellness Act—the SOAR the ads HEIDI had offered up. She didn’t challenges. I am a leader. Act—on which I was proud to be her step away from the issue. She laid into That is HEIDI HEITKAMP. She is a lead Republican. the issue. That was a sign of what was leader. Whatever challenges she has Senator HEITKAMP has been such a to come when she got into this body. overcome in her life—health, rep- valued leader in strengthening our ag- I remember the night she got elected resenting a State that isn’t always riculture. In fact, the chairman of the and, as she pointed out, she wasn’t sup- easy when you look at it politically for Senate Agriculture Committee was posed to get elected, but she did be- a Democrat, the challenges she had just talking about the absolutely vital cause she is a special person and a spe- bucking our own party, taking things role she has played working with both cial candidate. I remember driving on—every single moment, she over- the chairman and the ranking member. home the next morning, and I called came those challenges because HEIDI She knows that when we strengthen Kent Conrad. I said: Congratulations. HEITKAMP is a leader. agriculture, we sustain our rural com- He said: You are going to love HEIDI I yield the floor. munities. HEITKAMP. She is an incredible person. The PRESIDING OFFICER. The Sen- The Next Generation in Agriculture I remember he also said: What you are ator from Maine. Act that she authored and I cospon- going to love about her the most is Ms. COLLINS. Mr. President, as I lis- sored will ensure that new farmers and that she is normal. In this body, that tened to Senator HEITKAMP’s farewell ranchers have the support and guid- says a lot—because HEIDI HEITKAMP is remarks to us today, I could not help ance they need. normal. She is somebody who sees the but think of the fact that she used her It has been so rewarding to work world as it is. She sees rural America final speech on the Senate floor not with Senator HEITKAMP on so many bi- as it is. She has leaned into every just to talk about her accomplish- partisan issues, such as improving issue. They have been well documented

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.017 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7402 CONGRESSIONAL RECORD — SENATE December 11, 2018 here today. She has been incredibly ef- lady who has great admiration from I think it is her oversized heart. fective in this body, but most impor- both sides of the aisle, who has accom- Whether she was listening to the strug- tantly—and most of what this body is plished so much. This time is so special gles of women farmers during our wom- going to have to compensate for when for you, and thank you for what you en’s agriculture CODEL in Africa, or she goes—every issue she brought up have done for HEIDI. Thank you for get- shining a light on the epidemic of miss- today revolves around rural America. ting her prepared, ready. You didn’t ing and murdered Native American Not many people live in rural Amer- have to do too much because she does women, or sharing her own story of ica anymore. We have all moved to the that on her own, but during this special surviving breast cancer and the need to coast or we have moved to the bigger time, see if you can take this step and protect people with preexisting condi- cities. She is right; Fargo is the big then the next step in your life—and it tions, in a city where spreadsheets city. In Montana, people have moved prepares you for that next step—and rule, HEIDI threw her heart into this from the rural areas to the big cities shine. Represent HEIDI well. Represent job, and her State and our Nation are like Great Falls and Billings and Mis- yourself well. better for it. soula. Those people and their chal- I think you have had a rare privilege HEIDI, thank you for your friendship, lenges in those rural areas are real. to work for somebody like HEIDI your leadership, and for putting your HEIDI HEITKAMP brought those chal- HEITKAMP. She has been a good friend whole heart into fighting for North Da- lenges to the floor, brought them to to me and a good friend to so many kota. committee every single day. I can’t tell here. I join my great friend Senator ROB- you how much I appreciate that, being We aren’t going to miss you because ERTS, first of all, in indicating what a a child of rural America. you are going to be back in some ca- huge difference you have made on the So as we move forward, as HEIDI has pacity—maybe taking time off from Agriculture Committee. From the day given her last speech on the Senate what you are doing in your home State you walked in, you hit the ground run- floor and laid out the challenges we of North Dakota. Everybody who ning and have made an incredible dif- need to take up in this Senate—and the knows you knows you are going to be ference. challenges she laid out are real and back in public service in some capac- As you were talking today about they will not get solved by one party or ity. some parts—and we could go through the other, they will only get solved, as I think I will stop right there and every single chapter—you made a dif- she knows, by working together. I will yield to my distinguished colleague, ference. The Tribal provisions are in say this. You have been an incredible the ranking member of the Senate Ag- there. But you mentioned Cuba, and this is very historic. It took work on friend, an incredible ally, somebody riculture Committee, Senator STABE- the Senate floor to be able to move it who is normal, and I wish you God- NOW. through. It took work for us in the con- speed moving ahead. I am sure we The PRESIDING OFFICER. The Sen- ference committee. It is because of you haven’t heard the last of HEIDI ator from . that it is in there and opportunities for HEITKAMP. Ms. STABENOW. Mr. President, farmers are in there. I yield the floor. today I rise to pay tribute to someone I also greatly appreciate that when The PRESIDING OFFICER. The Sen- who has made a really big impression we had differences—like conservation ator from Kansas. from the day she set foot in the Senate. and easements—you pushed hard and Mr. ROBERTS. Mr. President, I It might be her infectious laugh; I were successful in getting changes for thank the Senator from Montana for dare you not to smile when you hear it. North Dakota that needed to happen. his comments and those of Senator It might be her hugs, which I know It was you who did that. Others took KLOBUCHAR, as well as my distin- many of my colleagues on both sides of credit, but you did that. guished colleague and friend from the aisle will miss. Or it might be her When I think about our traveling to- Maine. ever-present iced coffee, no matter how gether to Africa and think about the Normal; maybe ‘‘supernormal’’ would cold it is outside. I might be biased, impact you have had on women and be a better term. Every time HEIDI but I think it is the hair. children—whether it is Native women HEITKAMP came into our committee Saying goodbye to Senator HEIDI and children, whether it was what we room—I had the privilege and the HEITKAMP is hard for many of us, espe- were doing overseas, whether it was honor of being the chairman of the cially the members of the Senate Red- what you have done every day for all of sometimes powerful Senate Agri- head Caucus. After all, we are losing a our children—I am so grateful. culture Committee, along with my dis- third of our membership. Most importantly, I am grateful for tinguished ranking member, Senator In all seriousness, I will miss HEIDI, your friendship. I am going to miss you STABENOW, whom I will yield to in just and I know I am not alone. I have had greatly. I wish you Godspeed while you a moment. Every time she came into the chance to get to know her from the determine the future. I know it will be the committee room, it might be a lit- very beginning, back when she was bright, and hopefully in some way we tle bit late, but it was like a ray of first running for the Senate. I cam- will all be benefiting from it. sunshine came in and a ray of commit- paigned with her in North Dakota, and God bless you. ment. the thing that really struck me was Mr. ROBERTS. I yield the floor. HEIDI, thank you for that speech. her passion for the people of her State The PRESIDING OFFICER. The Sen- Thank you for those marching orders, and for agriculture. ator from New Hampshire. if you will. This marine will cease pa- We have had the opportunity to work Ms. HASSAN. Mr. President, I rise to rade rest and come to attention and do closely together during our time on the join my colleagues in honoring and the best I can following your example. Agriculture Committee and especially paying tribute to my friend and men- I want to say something to HEIDI’s as members of the farm bill conference tor, Senator HEIDI HEITKAMP. staff. I don’t know if the Senate cam- committee. I can tell you that HEIDI I am particularly and profoundly eras will do this—they obviously have has been instrumental in getting this grateful for both her trailblazing work me on there—but it would be a good deal done and in making sure that mentoring women who want to run for idea to pan these young people over North Dakota’s farmers and ranchers public office and her remarkable abil- there. are well-represented. ity to get things done across party Senator Frank Carlson, a long time Thanks to HEIDI, we have taken huge lines in the Senate. ago—one of my mentors, my first boss steps forward in trade with Cuba; it is For years, Senator HEITKAMP has from Kansas—said there are no self- her language in the farm bill. been at the forefront of mentoring made men or women in public office. It She wasn’t afraid to go her own way other women and encouraging them to is your friends who make you what you in order to stand up for North Dakota. enter public service, recognizing that are. I relate to that, saying friends, Even when we didn’t agree on issues balanced representation is vital to our people, staff. We all think we have the like conservation easements, HEIDI country’s success. In fact, HEIDI best staff on the Hill, and if we don’t fought for her farmers and got it done. HEITKAMP and I first met through a think that, something is wrong. You I would like to think her passion program that she helped start to en- have had the privilege of working for a comes from her red hair, but in reality, courage and prepare women to run for

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.019 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7403 office—to do more than just tell us it By the evidence of the Republicans was all a profit motive. If you get a was possible but to help us understand who turned out to listen here on the young person addicted, you know you that there were ways to prepare for it, floor—and I am sure many others were are going to have a smoker for life; you to run in our own way, to be our own listening in their offices—I think they know you will have somebody who is people. She helped demonstrate that may miss her more than Democrats be- going to buy cigarettes for life. We even though you may experience set- cause she worked with them so much. knew that. backs—including her own setback bat- She cared about reaching across the She was one of the leaders in the at- tling breast cancer—you still have aisle. She wasn’t worried that it was torneys general’s effort to bring this what it takes to serve your commu- going to hurt her back home because horrible, horrible scourge under con- nities and to make a difference. I am she was going to be solving problems. trol. We filed our lawsuit. The tobacco incredibly grateful for those lessons, I One of the things I think of when I companies saw what was coming. We am incredibly grateful for her efforts think of HEIDI HEITKAMP is that I have did our discovery. They didn’t want because they have helped inspire known HEIDI—she is my friend. She re- this case in court—there was no way. women all across the country. minds me: Don’t call me your oldest They were going to lose big. So we had All the issues that HEIDI just talked friend in the Senate. But she is my what was the biggest civil settlement about in her farewell speech—there are longest standing friend. I go back to in the history of the country. After we now armies of current and future pub- the early 1990s with HEIDI, when we knew we were going to have a settle- lic servants who will take those issues were attorneys general together from ment, the smaller States knew we had and challenges as their own because two small States— and to have a tough negotiator to represent she has helped prepare them to do that. North Dakota—and we have been very, us because we were afraid that larger Then there is Senator HEITKAMP’s very good friends since then. States—California, New York, and oth- work in the Senate. During the time HEIDI is a leader of principle. She ers—would get more of the money than we served together in the Senate, I wants to do the right thing, no matter we would. We all felt we had partici- have been so impressed by Senator what. That is pretty special in this in- pated equally. So whom did we select? HEITKAMP’s ability to stand up for her stitution we are in. She wants to do We selected HEIDI HEITKAMP to be our priorities and her values, while also what is right by North Dakota and do negotiator, and, boy, did she do a good working with anybody else here willing what is right by our country. She al- job for the smaller States. to step up to get results, particularly ways follows her conscience, and she Just to remind everybody, this year, on issues such as fighting for rural gives the citizens of her State and this $34 million from that settlement flows communities, standing up for our coun- great country her very best judgment. to the State of North Dakota. It was try’s veterans, strengthening our Na- That is really the spirit of a true public settled several decades ago, but the tion’s healthcare system, and, yes, re- servant—to do what is right and let the money is still coming in to do preven- minding our colleagues that there is a chips fall where they may. A couple tion, to help out with tobacco addic- northern border that needs to be se- issues we have had recently are good tion, and to do what is really impor- tant there. cured and attended to. examples, and I will talk about one The other quality I want to men- Serving together on the Homeland back when we were attorneys general Security and Governmental Affairs tion—and I know we are going over in together. terms of where we are supposed to be in Committee, I saw firsthand her capac- The Kavanaugh vote was a big vote our caucuses—there is a remarkable ity to be constructive and to find com- for the Senate. I think it was probably trait—and we saw this today, with ev- promise. In doing so, she earned the re- a tough vote for HEIDI, but I think she eryone who turned out, and our staff spect and trust of her colleagues, while came to it with the idea that she was knows this—HEIDI HEITKAMP is one of also building a record of bipartisan ac- going to do the right thing. She had the most well-liked U.S. Senators by complishments—accomplishments we the courage to stand up for victims— both sides of the aisle. She was so well- all know last because of their very bi- victims of sexual assault, victims of liked that President Trump—convinced partisanship. sexual harassment, all of the permuta- Above all, Senator HEITKAMP was re- he needed somebody in his who tions of that. I know that for the better lentless in fighting for what she be- was well-liked and respected—recruited part of her career—whether she was an lieved. Just ask any of the witnesses HEIDI HEITKAMP to be his Secretary of attorney general, whether she was a who testified before her on the Home- Agriculture. I really think what the U.S. Senator, or whether she was work- land Security and Governmental Af- President was doing cozying up to her ing in other capacities both in and out fairs Committee. was trying to make friends in the Sen- It has been truly an honor to serve of government—she was always work- ate. He figured that if he got her, she ing for victims. I think one of the with Senator HEITKAMP, and all of us was going to make a real difference, need to continue to work to emulate things that helped HEIDI understand and he was hoping that her popularity her example—the example that she has that so well was that her mother was would rub off on him. set of listening to others and being pro- sexually assaulted as a teenager. I will never forget when President ductive, her commitment and her rec- Knowing that—HEIDI learned from Trump invited her up on the stage at ognition of the importance of getting that. She learned about the prevalence one of his political rallies in September things done while always doing the of it, that it was out there and it was of 2017. He invited her up to the stage right thing for the people we serve. deep and it was hidden in a lot of ways. and said: Senator HEIDI HEITKAMP’s voice in So I saw early on, as a State attorney Everybody’s saying, ‘‘What’s she doing up this Chamber will be sorely missed, but general, that she was a champion—a here?’’ But I’ll tell you what: Good woman. I also know that she will keep fighting real champion—for victims. ‘‘Good woman.’’ Do you know what I to make a difference and that she will Shifting from the example I just gave say? No, Mr. President. She is a great continue to do just that. with the vote on the Supreme Court, woman. She is a great woman. I yield the floor. another example of her persistence to I could go on forever, but I just want The PRESIDING OFFICER. The Sen- do what is right—nobody had ever to comment—and HEIDI commented ator from New Mexico. taken on the tobacco industry, this about her commitment to Native com- Mr. UDALL. Mr. President, I think huge industry. People talked a little munities, to Native women and to Na- all of us here watching Senator bit and would say: It is so bad that peo- tive children. She worked as a State HEITKAMP today give her farewell ad- ple are addicted to smoking. But the attorney general, she worked in the dress were tremendously moved. I come attorneys general of our country in the Senate, and she worked in other elect- away, first of all, with, this is a person 1990s filed a lawsuit against the to- ed offices on this. She didn’t give up. of character, a person we have served bacco companies because they were She is working in the Senate until the with who cares about doing the right targeting our children. We found re- very end to make sure we get Savan- thing, a person who cares deeply about search that showed tobacco companies na’s Act passed, which is going to pro- the issues that are before this august knew that if you get young people ad- tect missing and indigenous women. body and someone we will miss very dicted at a very young age, they are We have already passed it through much. going to smoke for life. For them, it the Senate Indian Affairs Committee,

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.021 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7404 CONGRESSIONAL RECORD — SENATE December 11, 2018 and she is intent on making sure it protecting and empowering those most sis—working to make sure these gets passed this session, and I am going in need of a champion—like children women are not invisible. I have been to work with her on that. She has and domestic violence survivors. touched by her commitment to this worked on VAWA reauthorization. The very first bill HEIDI introduced fight. Heidi has always broadcast the core was to tackle the systemic problems I am inspired by HEIDI’s work for In- principles in our relations with Native facing Native children by establishing dian Country and am committed to communities—Tribal sovereignty, a National Commission. carrying on her work so that tribes in Tribal consultation, strong govern- With more than one in three Native North Dakota and across Indian Coun- ment-to-government relations—and she American children living in poverty, try know that. Even if one of their has always tried to make sure Senators suicide rates 2.5 times higher than the strongest defenders is moving on to the who don’t have Native communities national average, and one of the lowest next chapter, her mission will not be understand the situation we are facing. high school graduation rates in the lost. My friendship with HEIDI has made country, she knew we must do more— The list of all HEIDI’s accomplish- me a better public servant and a better much more—for our Native youth. It ments is as long as her heart is big. person. Before we came here to serve, was no surprise to me that she got that She has worked for the people of North we had already known each other for bill passed in short order before the end Dakota for decades. She has been an many years—since the 1990’s when we of her first Congress. independent voice in the Senate, not both served as State attorneys general. For decades, HEIDI has been on the tied to party or ideology but com- At that time, there was only a handful frontlines of protecting victims of do- mitted to doing what is right for the of women serving as their State’s at- mestic violence. As attorneys general, people of her State. She will always torney general. HEIDI herself was a we worked to implement the Violence roll up her sleeves and work with all trailblazer, serving as North Dakota’s Against Women Act after it first got sides to solve problems. She will al- first female Attorney General. passed in 1994. ways fight for the little guy. It was then I saw the first of the in- We continued the fight together here On a personal note, she is one of the numerable examples of her commit- in the Senate. In fact, one of the first most loyal friends anyone could ask ment to serving the people of North things we worked on was to help pass for. Dakota and the public interest. the 2013 VAWA reauthorization. That She never shied away from the hard A number of attorneys general, in- reauthorization was hard fought. We votes—approaching every single one cluding HEIDI and I, initiated wanted to protect key provisions that with conscience and courage. I admire groundbreaking lawsuits against big restored tribal jurisdiction to domestic HEIDI for her conviction. tobacco. Those lawsuits were met with violence crimes committed by non-In- All of us here will miss HEIDI tremen- skepticism. The disease and terrible dians on reservations. Those cases were dously. I know that her work is not health impacts caused by tobacco prod- falling through the cracks. done—not even close. Like so many ucts had cost States precious re- At the time, opponents claimed that here, I look forward to her next chal- sources. The tobacco companies were tribes didn’t have the resources or ex- lenge and to seeing what more she ac- working to lure underage youth to buy pertise to enforce the Act. Thanks to complishes for her State and the Na- their harmful products through - the tireless work of HEIDI and many of tion and the countless lives she is sure geted advertising. Like so many other my colleagues on the Indian Affairs to touch. times in her life, HEIDI’s work helped Committee, the provisions remained in I yield the floor. us beat some long odds. the bill, and President Obama signed it The PRESIDING OFFICER. The Sen- Our lawsuits proved highly success- into law in March 2013. ator from Alaska. ful. North Dakota is still reaping the Five years later, we know for a fact Mr. SULLIVAN. Mr. President, I ask benefits, having received a $34 million that those opponents were wrong. Ac- unanimous consent to complete my re- tobacco settlement from those efforts cording to a report this year from the marks. just this year. National Congress of American Indi- The PRESIDING OFFICER. Without In the years since, I have seen HEIDI ans, since VAWA of 2013 was enacted, 18 objection, it is so ordered. continue her dedication to public serv- tribes have once again begun exercising Mr. SULLIVAN. Mr. President, I ice and achieve great things, not least jurisdiction over domestic violence want to echo what my colleague from of which was 6 years ago when she be- crimes. NCAI is collaborating with 50 New Mexico said about our friend and came North Dakota’s first woman other tribes to develop best practices. colleague Senator HEITKAMP. I can say elected to the U.S. Senate. There have been 143 arrests of 128 non- that everything he just said—there is Although she has come far from her Indian abusers, with 74 convictions. strong bipartisan agreement on that humble beginnings, she has never for- HEIDI has always prided herself on front. I want to emphasize a couple of gotten her roots. She fights for the working across the aisle to get things points he mentioned about Senator working people of North Dakota and done—whether she is tackling domestic HEITKAMP. Certainly, she is one of the across the Nation. violence or working to improve public most well-liked Senators, optimistic While HEIDI is highly accomplished, safety. and upbeat. she remains plain spoken, straight She partnered with my good friend As Senator UDALL just mentioned, I shooting, and down to earth. John McCain to make sure that Indian think there is a certain element in the I have been privileged to serve with Country is part of the AMBER Alert Senate—whether you are a Democrat HEIDI on the Senate Committee on In- child abduction warning system. That or a Republican, if you are a former at- dian Affairs—a committee she knew bill was signed into law last April. torney general, you come to this job from the get-go that she wanted to be Just last week, the full Senate unani- with a little bit of the same viewpoint, on. She came to Washington ready to mously passed one of HEIDI’s bills—Sa- the same experiences. fight for Native communities in North vanna’s Act. Savanna LaFontaine- I want to emphasize what Senator Dakota, to make sure they weren’t Greywind—a member of the Spirit HEITKAMP mentioned in her remarks being left behind. Lake tribe, 22 years old, and 8 months and Senator UDALL mentioned in his She is a fierce defender of tribal sov- pregnant—was brutally murdered in remarks, which is her strong dedica- ereignty and demands that the federal Fargo last year. The sad truth is, re- tion to two issues that I think really government meet its treaty and trust portedly more than 80 percent of Na- matter—certainly, they matter to my responsibilities and engage in meaning- tive women will experience violence in constituents, and they matter to most ful consultation with tribes when Fed- their lifetime. HEIDI is determined to Americans—and that is her relentless eral action impacts tribal interests. do something about that. advocacy and fight with regard to com- HEIDI has worked tirelessly on behalf Her bill would improve law enforce- bating the big problem we have in of North Dakota’s five tribes and all of ment tracking of and response to the America with sexual assault and do- Indian country. growing crisis of missing and murdered mestic violence—it is a very big, dif- Just like when she was attorney gen- indigenous women. HEIDI has been an ficult problem in my State, and I know eral, I have seen her laser-focused on incredible voice combatting this cri- it is a problem in many other States—

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.023 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7405 and her commitment to the Native peo- sume consideration of the following a huge part of making life better for ples of our country. nomination, which the clerk will re- American families was in the expand- One example is a bill that Senator port. ing of opportunity and putting more HEITKAMP and I worked on together The senior assistant legislative clerk money in their pockets, so we passed a called the POWER Act. The whole read the nomination of Jonathan A. historic reform of our outdated Tax focus is to get more legal representa- Kobes, of South Dakota, to be United Code that slashed tax rates for families tion for survivors of domestic violence States Circuit Judge for the Eighth and removed barriers to economic and sexual assault. When we were Circuit. growth. working on this bill together, she was The PRESIDING OFFICER. The It is already producing results. Since obviously a huge advocate, but she question is, Will the Senate advise and we passed tax reform a year ago this came back to me and said: We need to consent to the Kobes nomination? December, we have seen unemployment make this especially focused on the Na- Mr. ROUNDS. I ask for the yeas and drop to its lowest rate in almost 50 tive communities. That was her idea. nays. years, and we have seen job openings That was in the bill. The bill was The PRESIDING OFFICER. Is there a reach a record high. For the past 7 passed in the Congress and signed into sufficient second? months, there have been more job law 2 months ago. I have no doubt that There appears to be a sufficient sec- openings than there have been Ameri- bill, for which she was the strongest ond. cans looking for work. We have seen advocate, is going to make lives better The clerk will call the roll. company after company dispense raises for women throughout our country who The senior assistant legislative clerk or bonuses or boost benefits for their have gone through horrible experi- called the roll. employees. We have seen the best wage ences, particularly in the Native com- The result was announced—yeas 50, growth since the great recession and munities, whether in North Dakota or nays 50, as follows: more. Alaska or New Mexico, and that was [Rollcall Vote No. 258 Ex.] Most importantly, the economic ben- because of her hard work. YEAS—50 efits of tax reform are reaching the So I want to echo what so many oth- Alexander Gardner Paul people who need them the most. During ers have said. In those areas and so Barrasso Graham Perdue the Obama administration, what eco- Blunt Grassley Portman nomic prosperity there was tended to many others, it has been my honor to Boozman Hatch Risch be concentrated in large metropolitan serve with Senator HEITKAMP. I know Burr Heller Roberts she is going to continue to serve her Capito Hoeven Rounds areas, but under Republican govern- community, State, and country in im- Cassidy Hyde-Smith Rubio ment, growth and prosperity are reach- Collins Inhofe Sasse portant ways. My best to her. Corker Isakson ing small cities and rural families and Scott Cornyn Johnson communities. Thanks to tax reform, a I yield the floor. Shelby Cotton Kennedy Sullivan lot of families are finding it easier to f Crapo Kyl Thune pay their bills and to put a little bit RECESS Cruz Lankford Daines Lee Tillis away for the future. The PRESIDING OFFICER. Under Enzi McConnell Toomey Yet, of course, tax reform is far from the previous order, the Senate stands Ernst Moran Wicker the only thing we did in this Congress Fischer Murkowski Young in recess until 2:15 p.m. to improve the lives of the American There being no objection, the Senate, NAYS—50 people. Along with the White House, we at 1:18 p.m., recessed until 2:15 p.m. and Baldwin Harris Nelson lifted burdensome regulations. We en- reassembled when called to order by Bennet Hassan Peters acted legislation to improve career and Blumenthal Heinrich Reed technical education programs. We the Presiding Officer (Mr. PORTMAN). Booker Heitkamp Sanders passed legislation to make it easier for f Brown Hirono Schatz Cantwell Jones Schumer Main Street banks and credit unions to MORNING BUSINESS—(Continued) Cardin Kaine Shaheen lend money to small businesses and Carper King Smith The PRESIDING OFFICER. The ma- Casey Klobuchar farmers and ranchers. We passed the Stabenow Coons Leahy largest pay increase in nearly a decade jority leader. Tester Cortez Masto Manchin Mr. MCCONNELL. Mr. President, I Udall for our men and women in uniform. Donnelly Markey We delivered real reforms for our vet- suggest the absence of a quorum. Duckworth McCaskill Van Hollen The PRESIDING OFFICER. The Durbin Menendez Warner erans through the VA MISSION Act. clerk will call the roll. Feinstein Merkley Warren This legislation streamlined the VA’s Whitehouse The senior assistant legislative clerk Flake Murphy community care programs to help en- Gillibrand Murray Wyden proceeded to call the roll. sure veterans receive efficient, timely, Mr. MCCONNELL. Mr. President, I The VICE PRESIDENT. On this vote, quality care. Once fully implemented, ask unanimous consent that the order the yeas are 50, the nays are 50. The it will also expand caregiver assistance for the quorum call be rescinded. Senate being equally divided, the Vice to disabled pre-9/11 veterans—an over- The PRESIDING OFFICER. Without President votes in the affirmative, and due benefit for generations of our he- objection, it is so ordered. the nomination is confirmed. roes. We also modernized the Veterans Under the previous order, the motion Benefits Administration’s appeals sys- f to reconsider is considered made and tem to develop a quicker, more respon- UNANIMOUS CONSENT laid upon the table, and the President sive system for veterans. AGREEMENT—H.R. 2 will be immediately notified of the On the national security front, we Mr. MCCONNELL. Mr. President, I Senate’s actions. have reinvested in our Nation’s mili- ask unanimous consent that at 3:45 The PRESIDING OFFICER (Mr. tary to ensure that our troops are p.m. today, the Senate vote on adop- PORTMAN). The Senator from South Da- equipped not only for today’s missions tion of the conference report to accom- kota. but to meet the threats of the future. A pany H.R. 2. Mr. THUNE. Mr. President, I ask recent report from the bipartisan Na- The PRESIDING OFFICER. Is there unanimous consent to speak as in tional Defense Strategy Commission objection? morning business. outlined how dangerously our military Without objection, it is so ordered. The PRESIDING OFFICER. Without superiority has eroded—to the point at objection, it is so ordered. which it would be difficult for us to win f SENATE ACCOMPLISHMENTS a war against two major powers. This EXECUTIVE SESSION Mr. THUNE. Mr. President, the 115th alarming reduction in our military’s Congress is drawing to a close, and it readiness is why Republicans have has been a good 2 years. Our goal 2 made rebuilding our military such a EXECUTIVE CALENDAR years ago was simple: to make life bet- priority in this Congress. There is no The PRESIDING OFFICER. Under ter for American families—which is ex- better way to ensure peace for our the previous order, the Senate will re- actly what we have done. We knew that country than to make sure that the

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This are few people to whom the word who were asked to go and try to help bipartisan legislation reflected ideas ‘‘statesman’’ can be applied more fit- raise money for their family so that and input from no fewer than 72 of our tingly. the other family members could eat. Members here in the Senate to support I wish him the very best in his well- My dad was shipped to to build prevention, treatment, and recovery ef- deserved retirement. I know he will bridges. Today we call that infrastruc- forts. enjoy having more time to spend with ture. Back then, we said it was build- We repealed ObamaCare’s individual Elaine, his wife, with his children and ing bridges. He built bridges all mandate tax, which forced patients to his numerous grandchildren and great- throughout the Pacific Northwest, hav- buy insurance that they didn’t want grandchildren, as well as, hopefully, ing grown up in the Lower East Side of and couldn’t afford. We also eliminated having some extra time to follow the and having never been ObamaCare’s Independent Payment Ad- Jazz. west of the Hudson River in his life visory Board, which would have em- I yield the floor. until that point. It was America that powered a board of unelected, unac- f gave him that chance. countable bureaucrats to make sub- My brothers and sisters were the first LEGISLATIVE SESSION stantial changes to Medicare. generation to ever go to college. That We passed legislation to give termi- is how America works. You work hard, nally ill patients access to experi- AGRICULTURE IMPROVEMENT ACT and each generation builds on the next. mental care. OF 2018—CONFERENCE REPORT We are so lucky to live in this country In February, we also passed the long- that is so blessed and that gives us this est extension of the State Children’s Mr. THUNE. Mr. President, I ask unanimous consent that the Senate re- opportunity, but we have a responsi- Health Insurance Program in the pro- bility here to meet the challenges that gram’s history. sume legislative session, that the Chair lay before the Senate the conference have been given to us. Then, of course, there are the many I want to take this opportunity to excellent judges we have confirmed to report to accompany H.R. 2, and that the final 10 minutes before the vote be discuss some of the things I have the Federal bench—judges who can be learned in my time in Congress and to relied on to uphold the law and the equally divided between the managers. The PRESIDING OFFICER. Is there share a few thoughts on how the work Constitution and to give anyone who that happens here, and how it will hap- comes before their benches a fair objection? Without objection, it is so ordered. pen in coming years, is going to be ab- shake. The Chair lays before the Senate the solutely essential to how our Nation TRIBUTE TO ORRIN HATCH conference report to accompany H.R. 2, moves forward and succeeds. Mr. President, as usual, more than which the clerk will report by title. In my 12 years here in the Capitol, I one of our accomplishments this Con- The senior assistant bill clerk read as have prided myself on the relationships gress would not have been possible follows: I have built and on the bipartisan na- without the leadership of Senator The committee of conference on the dis- ture of working together. I have been HATCH. He spearheaded the historic tax agreeing votes of the two Houses on the found to be one of the most bipartisan reform bill that is putting more money amendment of the Senate to the bill (H.R. 2), Members. My friend HEIDI, who is down in the pockets of the American people, to provide for the reform and continuation of the aisle here, who gave a wonderful and he is also responsible for the long- agricultural and other programs of the De- speech this morning, was my partner est extension of the State Children’s partment of Agriculture through fiscal year on so much of this. I would never have Health Insurance Program in the pro- 2023, and for other purposes, having met, been able to achieve for Hoosiers so have agreed that the House recede from its gram’s history. disagreement to the amendment of the Sen- much of this without working together In his 40-plus years of public service, ate and agree to the same with an amend- in a bipartisan fashion. he has been a powerful voice for the ment and the Senate agree to the same: My friend TODD YOUNG is across the people of Utah and for all Americans. Signed by a majority of the conferees on the way. He is the other Senator from Indi- He has fought for economic growth and part of both Houses. ana. Our focus has been on how to job creation, for trade policies that Thereupon, the Senate proceeded to make life better, whether it meant as- benefit American companies and Amer- consider the conference report. sisting constituents or resolving an ican workers, for judges who will up- (The conference report is printed in issue with a Federal agency. hold the Constitution and the rule of the House proceedings of the RECORD of In one case, a pizza parlor owner law, and for fiscal responsibility and December 10, 2018.) came up to me. He was 90 years old. intellectual property rights. The PRESIDING OFFICER. The Sen- Now he is 93. He said: My streetlight is Senator HATCH has long been a leader ator from . out. You are my Senator. It needs to be on the issue of religious liberty. To- Mr. DONNELLY. Mr. President, I ask fixed before the big game this weekend. gether with the late Senator Ted Ken- unanimous consent to speak for as I called the mayor, and it was fixed. nedy, he authored the Religious Free- much time as I may consume. He was asked that weekend, and he dom Restoration Act to protect Ameri- The PRESIDING OFFICER. Without said: Of course, I got it fixed. I called cans’ First Amendment right to live in objection, it is so ordered. my Senator. That is what I did. accordance with their religious beliefs. FAREWELL TO THE SENATE We are multitasking in this job. It is A stalwart conservative, he has nev- Mr. DONNELLY. Mr. President, I rise to make lives better. ertheless known how to reach across today for the final time representing I was blessed to work with my friend the aisle to get things done for the the great people of Indiana here in the RON JOHNSON, the Senator from Wis- American people. No legislator alive U.S. Senate. My 6 years representing consin. We worked on legislation called today has had as many pieces of legis- Hoosiers in this body and the 6 years I the Right to Try Act. It means giving lation that he or she has sponsored spent as a Congressman for the Second people who are sick the chance to get signed into law by the President. District of Indiana before this have medication they need. It is difficult to imagine the Senate been among the great honors of my We were told: There is no shot. This without ORRIN HATCH. I have been priv- life. can’t get done. ileged to serve with Senator HATCH I am the grandson of immigrants— We had zero votes at the time. When throughout my time in the Senate, in- immigrants who came here with noth- it was done, we had 100—100. A young cluding on the Senate Finance Com- ing except the dream of America—a man from my State, Jordan McLinn, mittee, which he chairs. It is hard to dream that says that any opportunity has the chance to get the medication imagine his not being there, but the can come true, that if you work hard, he needs now. People all over the Na- impact he has had on the Senate will you can accomplish anything. tion do. Other kids with Duchenne

VerDate Sep 11 2014 05:18 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.026 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7407 muscular dystrophy can also get help, lars of anonymous, dark money inter- tional security? ? Russia? He and other people with ALS can also get ests, are really doing damage to this said: The debt, because we can’t pay for help. That is the purpose of this job— country. anything, and if we can’t pay for any- that we work for them. I have always been for campaign fi- thing, how am I going to protect the I was able to get more than 50 provi- nance reform. The reason I wasn’t very men and women who serve this Nation? sions signed into law over the past 6 good at raising money—which I wasn’t We have serious, serious work to do. years. It was only possible because I very good at—was because people At my church back home, St. Antho- worked together every day with every ought to have a right to know who is ny’s Church in South Bend, IN—I Senator. There are friends like SUSAN talking to them, who is standing up for know, an Irish kid going to St. An- COLLINS and LISA MURKOWSKI who, what they have to say. I have always thony; you have to question it some- when the government shut down, we believed that if you have something to times—we were running up a debt, and worked to end it. It became like a reg- say, you should be willing to put your we were solving it by adding more debt ular group that we had. Every time it name on it. to fix the debt we had. A new pastor shut down, we would work to open it I am concerned by our inability here came in. He came to the pulpit one back up again. to tackle serious, long-term issues. My Sunday, and he said: Here is the deal. You learn from other Members, like friend Heidi touched on it. Our obliga- We are not spending anything we don’t ROGER WICKER, who I worked together tion, as public servants, is to leave a have anymore. We need to have the with to end military suicide. We have country for our children and grand- revenue to match what we want to do, not been able to end it yet, but we sure children that is in better shape than we and the things we want to do and can’t worked on it every day. got it. It is the most basic promise that pay for, well, we will continue to want We learn from others Members in we make. to do them, but we will not do them. hearings about the difficulties people My wife Jill’s dad was a Guadalcanal Magic occurred. We balanced our in their States are facing, and we work marine. He was wounded in the South books. The parish went on. It got together to address common chal- Pacific. I told him: You are our hero. stronger, and all of a sudden, we were lenges. You can be from Idaho, you can He said: No, I was born at the wrong in the black. be from North Dakota, you can be from time. As a body here, we do not have the New Hampshire, or you can be from In- I said: But you are still our hero. right to tell CJ, that little boy, and diana, but we all have the same chal- He said: Look, I did my job, which is children being born today—we don’t lenges. to leave for the next generation a bet- have the right to financially cripple All of us worked hard to get here. ter country than was given to me. the country they will be inheriting. Our jobs should not be worrying about That is what we are supposed to do. We had ancestors who fought for this politics but worrying about making My friend MICHAEL BENNET has talked Nation. I think of my Uncle Tom, who lives better. Partisanship gets us noth- about this a lot, but we have a deficit fought with Patton in North Africa and ing. Division gets us nothing. right now of $21.8 trillion. I had to look who gave everything he had. His Purple I was thinking: What is the best way because it was, I think, $21.7 trillion Heart is in my office. It has been there to explain this? It is this. When a fire yesterday. This deficit is going to de- every day while I have been there. department goes to a house, they don’t stroy everything we are trying to do in They sacrificed everything. The least ask if the person living there is Demo- this country, and we have done next to we can do is to pay our bills, not to crat or Republican. They are just there nothing to address it. give out crazy tax cuts that we can’t to help their neighbor. No soldier has My friend CHUCK SCHUMER can prob- pay for, and to make sure that we bal- ever asked, when they are in a foxhole ably relate to this the best, but there is ance our budgets. fighting their way out: Where do you an old cartoon. It was Popeye. Popeye We are better than this. Sometimes come from? Which party are you? What had a friend named Wimpy. Wimpy we just have to have the ability to say is your religion? What is your ethnic loved hamburgers, but Wimpy never no—to say no to things that, by com- background? had any money. So Wimpy’s saying was mon sense, you would never do with You are Americans. You are in this this: ‘‘I will gladly pay you Tuesday for your own checkbook, or if you did, the together. You have each other’s backs. a hamburger today.’’ That is the Amer- end would not be very, very pleasant As an institution, the Senate must be ican government today. We do things, on that kind of thing. a place that we are all proud of, that and we don’t pay for any of them—but If we continue doing these things, promotes that ideal, and that sets the someday we will. That someday is now. this amazing and wonderful place that example that we want our children and My friends Jordan and Peter I have been a part of, with the most grandchildren to follow. It means get- Hanscom just had a baby boy about 5 amazing colleagues—that is the part ting to know one another. It means lis- months ago. You know what he was that has been so great. It is every col- tening to other perspectives and to born into? $67,000 of debt. It is because league, and one is better than the next. other experiences. we didn’t have the responsibility to But this is a long-term threat to our One of the things that amazed me the pay for our bills. democracy and to our country’s suc- most—and when I was out campaigning At the end of next year, 2019, the def- cess. We can do better, and every one of and going to town halls, I never failed icit is going to $23 trillion. Unless we you can lead on this. to be astounded—was when folks came do something here, it is on an Too often, what we watch in our poli- and said: You didn’t do the one thing I unstoppable course to be at $30 trillion. tics doesn’t reflect the spirit or the wanted; so I am really mad at you, and So what did we do here? values or the diverse coalitions of I will never support you again. We passed a tax cut, because what is Americans that have made this coun- I said: But we did 19 other things. another $1.5 trillion? It is a tax cut at try so successful. It is not the type of They said: But I didn’t get that one. a time when we have a full-employ- example we want to be leaving for our I said: Apparently, you are not from ment economy, a strong economy. We kids. a family of five children, like I am. passed a tax cut, and we are now run- I will tell you the kind of example we There were five children and two ning, in a great economy, over $1 tril- want to leave. It is when we do great, dogs. So when there were seven pork lion in deficits every year. great things when we have looked up chops, I was the last to wind up with If we can’t balance our books now, and have seen our country in trouble. I one. when are we ever, ever going to do had the privilege to represent Kokomo, So if you are someone who wants 100 this? Right now we are on a course IN, back in 2008, 2009 when the economy percent of what you want every time, that, within 10 years, the interest pay- collapsed, and we had a transmission this is not the place. This is a place ment will be almost $1 trillion a year, plant. We built all of the transmissions where we can get 70 percent to build which is unsustainable. for all of the Jeeps in the country America, to make it a better place. Admiral Mike Mullen, Chairman of there. That is why I drive a Jeep. But The rhetoric—the divisive rhetoric— the Joint Chiefs, was asked in 2010, those wonderful people—we went from and the political campaigns, increas- when the deficit was $14 trillion: What over 5,000 to less than 100. They count- ingly funded by tens of millions of dol- is the most dangerous thing to our na- ed on us. We came together, and we

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.028 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7408 CONGRESSIONAL RECORD — SENATE December 11, 2018 said: We can do big things. We can get but to fix things, to make things bet- life on his second tour when he came this done. ter. Almost nothing in this world start- home for R & R. His home is near Mun- President Obama—I told him: Chrys- ed out perfect. You fix it a little bit cie, IN, and he just couldn’t go back ler is going to make it. here, you fix it a little bit there, and and took his own life. His dad called He said: How do you know? you can get there. me and said: Can we do something? I I said: I lit a candle at Mass. Does So when I saw those families, I want Jake’s death to mean something. that work? thought of all of you because you gave So all of you helped me, and we all He laughed. He said: Well maybe not, them healthcare; you gave them a worked together, and we made it so but I will give it a shot. chance. that every servicemember would get an You have to have faith in the people I think of my friend John McCain, annual mental health assessment, and of this country, that if you give them a who is not with us anymore, who stood they wouldn’t be punished for doing it. fair shot, they can get it done. up and said: I am not going to worry What I mean by that is they wouldn’t As an institution, we came together, about party. It is country first. When worry that they wouldn’t get the next Democrats and Republicans, including he did that, he made sure those people promotion, that they wouldn’t get the my friend FRED UPTON from Michigan, could still get healthcare. next step up. who is right across the line, and to- It is every Senator’s job to work to- I remember four-star GEN Joe Votel, gether we got it done. That plant, ward those goals until they are reality. who came before our committee and which had over 5,000 people working I know it sounds naive—constantly said: I want everybody to know that I there and then less than 100 when we working together—but we can, and we have sought mental health. I am a crashed, has over 9,000 there today be- must, and we know from recent experi- four-star general, and we are in this to- cause we looked at each other and said: ence there are a lot of things we can gether. It is not about Democrats or Repub- work together on, to be more func- So in every branch of every service, licans; it is about making sure that tional, to be more productive. every member can now get an annual mortgages can be paid, that these peo- One of them is the chance I have had mental health assessment. You helped ple will not lose their houses, that we to work with our men and women in me give them the chance to do this. We can continue to make great products uniform. As a member of the Senate have to also make sure that as we do here in this country. Armed Services Committee, serving this, we help them transition back to I think of healthcare, and I often with Chairman LEVIN, Chairman civilian life. think maybe this is why I wound up McCain, a wonderful ranking member, One of the other things the Indiana here. A friend of mine, Al Gutierrez, JACK REED, who is here with us today— National Guard told me in Afghani- who is the CEO of St. Joseph Regional chairman ad hoc—being able to advo- stan—as I was leaving, I said: What do Medical Center in Mishawaka, called cate for those servicemembers is one of you need? Trucks? Vests? Better me after we had so many problems get- the most amazing responsibilities we MREs? ting it started a couple of months could have, ensuring that they have ev- They said: No, we just need a job when we go home. later, and he said: I just want to fill erything they need. They are mostly in We need to make sure they have that you in on something that happened. We their twenties. They are defending free- chance, that we stand up for our vet- had a big meeting of all of the brain dom in every corner of the globe. They give us the ability to be safe, to live in erans. trust. It is because we have had so We have been able to get new vet- many terrible heart cases come in, so our houses. I remember going to Coast Province erans centers in a number of places many people who were sick who had in Afghanistan, right by the Pakistan around our States because we promised come in, and we are trying to figure border. The Indiana National Guard them we would be there for them, and out what has gone wrong that so many was there. I said: What message do you we have an obligation to keep our people have had bad heart cases re- want me to take home to your fami- word. I know that JOHNNY ISAKSON and cently. So we had the CFO, the sur- lies? JON TESTER work every day to make geons, the this, the that, and one per- They said: Tell them we got this. We sure they can get it done. son raised their hand 5 minutes in and know how to do this. And tell them we The work that has been done by all of said: This is the first time they have are going to make sure they are safe. these people takes your breath away. ever had insurance. They could never That is what these men and women They don’t get paid much. They are in afford it before. were about. the most difficult places in the world. These are our working families. I had the privilege of going to Iraq And when they come home, all they Moms and dads, who would be really with KIRSTEN. We got the same mes- ask for is a decent job, decent sick, had this amount of money, and it sage from amazing people who gave ev- healthcare, and a chance to see their either went for the tuition for their erything they had—everything. family survive and do well. daughter at Ball State or to get well, I think of my first 8 months in Con- As I said, I think of those young men and parents always take care of their gress. It was in 2007, and things were in and women every day. When you want kids first. They looked at each other flames, and in our district in Indiana, to know what progress you have helped and said ‘‘Well, that is the end of the as in many of our other States, we us make—when KIRSTEN and I first meeting’’ because they could get have a lot of people who serve. Per cap- came in together in the House, we were healthcare for the first time. ita, we are about first in National losing almost one every month. Now, it Every townhall I have gone to—and Guard people, and in 8 months, I lost is not perfect; the world isn’t perfect. it is not unique to me; it is to every- eight young men. We were losing one But most of our young men and women body; it is to all our Members, Repub- every month. are home. We do the best we can to lican and Democrat—I have people Last year was 10 years later. If you keep those countries safe, to keep our come up and say: The healthcare bill want to know the awesome responsi- country safe, and together we can con- saved my life. I wouldn’t be here other- bility we have, all of those young men tinue to improve on it. wise. I have one family, triplet girls. we lost—those children who were 2 and One other thing I want to mention They were born at 6 months, came out 3 and 4 and 5—they were 13 and 14 and is—and HEIDI talked about it today— of the hospital at the 10th month. 15. I saw their folks; I saw their moms, this past year we have lost 70,000 young Their hospital bill, when they came and their moms would say: They want people to drug addiction—70,000. It has out, was $5 million. The mom and dad to know what their dad was like be- become more than car crashes. It has said: We would have lost everything, cause he is not here anymore. I would become more than anything else you and we don’t know if our kids could tell them what a hero their dad was, can think of—70,000 people to opioids, have made it, but the healthcare bill what an amazing person he was. meth, fentanyl; it is the whole batch. saved us. The healthcare we had saved We have tried to work to not only We can try nonstop to help them, to us. keep them safe, but to stop military provide hope and purpose and dignity It is big stuff that we do right, and it suicides. where they may not be feeling it—one is not perfect. That is where we have to I worked with the dad and mom of a kind word, one bit of assistance, one come together, not to attack things young man, Jake Sexton, who took his bit of encouragement.

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.032 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7409 I went to an event in Indianapolis, protect us and keep us safe; to the speakers I have heard today, Senator and it was an event for families who cooks and the cleaning teams and the HEIDI HEITKAMP of North Dakota and had lost someone and families who building maintenance folks. I think my Senator JOE DONNELLY of Indiana. have someone in rehab. A young man office was painted every month for the They represent the best of the Senate. came up to me from one of the wealthi- last 6 years. To the whole gang, you All of us are proud to be here. All of us est families you could think of—doing make this place work. You make this are proud of the opportunity to serve. really well, the whole family. I saw Nation work. But they are two special people. They him there, and I said: Mike, who are I also thank my staff, who are here are special because they have a smile you here for? on the floor with me—no, HEIDI, you on their faces. They are special because He said: Me. were wrong; this is the best staff in the they are very smart. They are special He had gotten hurt, had received an Senate—who have done amazing work because they know how to play the opioid in treatment. He was in a spiral and who have every day made me look game in a bipartisan way—not block that was nonstop. better and smarter than I am. I am in- things but help them pass. His mom was there with him. She credibly grateful to them. They have I have enjoyed getting to meet JOE. I said: I don’t think I have slept a night resolved thousands of cases. In 2016, we have enjoyed getting to know HEIDI. I since. received about 350,000 faxes, emails, am going to miss them a lot. America So we can do this together. One of letters, and combinations. We had an is very proud to have a great son like the things we just did, we just passed a election. In 2017, we received 1.5 mil- JOE and a great daughter like HEIDI. I law that would allow the FDA to give lion—five times more—with the same am very lucky to have had the chance early approval to nonaddictive pain- amount of people, who sent out every to have them cross my way so I can be- killers so that when somebody is hurt, letter, who followed up on every call, come a friend of theirs. they don’t wind up getting addicted. who repeatedly were there for the peo- God bless both of you. Thank you for I am telling you that this is a five- ple of our State so that they knew your service. Thank you very much. alarm fire. In my State, well over 1,000 their government cared about them I yield the floor. died last year from this in all parts of and loved them and wanted their lives The PRESIDING OFFICER. The Sen- the State, all towns, all areas, Bridge- to be better. I couldn’t do this job ator from Indiana. port—it doesn’t matter, your religion, without them. Mr. YOUNG. Mr. President, I, too, your race, anything. This is the great I also want to thank my family, who rise to recognize my distinguished col- danger that parents need to be worried are in the Gallery—my children: Molly, league, JOE DONNELLY, for his years of about, that we can stop. We can pro- her husband Mike, my son Joe, and my dedicated service to the State of Indi- ana. I also want to commend his family vide hope and purpose and dignity; that wife Jill—who have been through all of for their dedication. I know this is a is what we have to do. These are moms this. team effort in public life to work on and dads and brothers and sisters and I remember we had a family dinner, behalf of our country and our States sons and daughters, and when you lose one of those summits you have around and our constituents. They have been one, your family is never, ever the the table. This was back when I decided all in for the people of Indiana, and I same again. to run for Congress. just want to rise them up during this I have seen the faces, I have met the I told my family: What do you think? important time as they turn to a new families, and I spend time with them. I have been asked to run for Congress. chapter in their lives. The Senate can be a place in which we My son said: That is the worst idea I JOE DONNELLY has a heart for serv- work together as a team—PAT has seen have ever heard. He was close. But they have been on ice, clearly, from his service on the it in Kansas; JOHNNY has seen it in this journey with me for 12 years, and school board, to serving as a Member of Georgia. When we work together as a Congress—our terms overlapped—to team, when we leave name calling out, it has been an amazing journey. I want to thank everyone from my the last 6 years he has spent in the U.S. there is no division, and there is no State. What an amazing privilege to Senate. I have to say it has been a real agenda, other than making it so that represent them. privilege to have JOE as my partner in every kid can come home safe every I remain optimistic about the future the Senate over the last couple of night. of our country. We have to take these years. Before I finish, I would also like to issues seriously. Our country is filled Back home, he describes himself as thank so many wonderful people. I with hard-working, decent people who the hired help. Throughout his time in have met so many friends and had so just want us to do commonsense public life, JOE has never forgotten many opportunities. I have traveled to things. I have been privileged to travel whom he works for. That is because he places I could never imagine. You all 92 counties all over my State, all genuinely likes people—not in the ab- know, we used to have a saying in Indi- corners of the State, and I think Indi- stract; he likes individual Hoosiers and ana: The only places you could go to in ana’s best days are ahead and our coun- individual Americans and servicemem- a CODEL are places where you could try’s best days are ahead. bers and veterans and our seniors and get killed. I was able to go to Afghani- May God bless all of my colleagues young children. That is why he has stan, to Iraq, to South Korea. I say the here in the Senate with the wisdom such a magnetic personality. That is first part as a joke. The second part is, and courage you will need, because we why he is beloved by colleagues on the it is because our young men and don’t just lead the Nation; we lead the right and the left, who represent red women were there, and they were there world. States and blue States. That is why I keeping us safe. All they ever wanted May God bless and protect this insti- have enjoyed working with JOE as well. was a chance to represent this Nation tution, Indiana, and our country that Hired help. that they love so much—those wonder- we all cherish and love so much. JOE touched on the casework and the ful people. This has been the privilege of a life- challenges he has been able to resolve I want to thank the folks who work time for a person whose family came on behalf of the people of Indiana, indi- here in the Senate, who have done so off the boat at Ellis Island. My grand- vidual problems people have had with much for all of us—the ones who, when mother’s passage documents said she this vast government maze that some- you talk too loud, will lean over and had $10, and her occupation was times we have to navigate. He does tell you ‘‘The whole country is hearing ‘‘maid.’’ But she believed in America. have a reputation for having done very what you are saying right now,’’ and She believed in this amazing country. well on that front. I think that is a rep- then quickly move away to the back— We have been privileged to help lead it, utation he is rightly proud of. He has for their hard work and dedication. I and it has been one of the greatest also been able to get some important want to say thank you to the com- privileges of my lifetime. legislative initiatives done on behalf of mittee staffs who help shape policy and I yield the floor. the people of Indiana, and I would like ensure we can have robust debate and The PRESIDING OFFICER (Mr. to emphasize a couple on which we had oversight on the big issues of our time; HOEVEN). The Senator from Georgia. an opportunity to work together— to the Capitol Police, our friends, who Mr. ISAKSON. Mr. President, I have again, consistent with his bipartisan have been so amazing to all of us, who had the privilege of serving with both nature.

VerDate Sep 11 2014 05:18 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.033 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7410 CONGRESSIONAL RECORD — SENATE December 11, 2018 JOE and I worked together to ensure You have been an example on that participate in crop insurance. It cre- that our brave law enforcement officers front. ates a broadband grant program, which have greater access to mental health Perhaps most important to me, he is will connect underserved communities. services. Actually, truth be told, JOE a really good guy. He is authentic. We As Senators from the was really the champion of that effort. don’t want our public servants to be States, we have fought together to pro- That is certainly one of his legacies phony-baloney, plastic figures. JOE is tect our water—our most precious re- during his time in the Senate. I can not. JOE will tell you what is on his source. think of no more important legacy as I mind and how he is feeling. He is just I will never forget the event Senator look at his record of achievements. a really good guy. He is somebody you DONNELLY and I did to celebrate the We worked to make sure that we might want as your neighbor. Regional Conservation Partnership properly commemorated the Landmark I know JOE has an incredible future. Program when we announced nearly $14 for Peace Memorial in Indianapolis, I know he is going to stay engaged in million in public and private invest- where Robert F. Kennedy delivered making sure his community is taken ment improving water quality and some stirring words the evening of care of. I know he will continue to care wildlife and fish habitat in the St. Jo- Martin Luther King’s assassination. It about Indiana and America and things seph watershed—a watershed that we was a moving moment for all present, going on around the world. share. We held that at Pier 33 in St. Jo- Black and White and people of modest Perhaps we will have an opportunity, seph, MI, just up the road from South means and wealthier means. They all my friend, to partner together moving Bend. If you have ever been to Pier 33, came together that evening because of forward and do some good together you have probably seen their showroom that stirring speech. JOE and I worked and—as I think you put it, plainly but and the amazing collection of beautiful together to make sure that memorial very directly—to leave this world a lit- boats. In fact, I am not sure ‘‘boats’’ is park is tastefully recognized from here tle better than you found it. Thank you the word for these amazing boats. I into the future. It is a nice piece of leg- for your service, JOE. Thank you to know Senator DONNELLY was im- your family. acy, and it wouldn’t have happened but pressed, as was I. After the press con- Mr. President, I yield the floor. for the efforts of JOE DONNELLY. ference, I asked him how he thought it JOE and I worked on a resolution to The PRESIDING OFFICER. The Sen- went, and he said it was good, but he designate August 3, 2018, as National ator from Michigan. was disappointed that he wasn’t going Ernie Pyle Day. We are proud of that Ms. STABENOW. Mr. President, I to get to take home one of the boats. I in Indiana. Ernie Pyle is a celebrated wish to lend my voice and talk for a shared that as well. war correspondent and Hoosier jour- moment about a very special friend, If you ask anyone in the Senate, they nalist who deserves memory in the con- Senator JOE DONNELLY. are likely to say the same thing: Sen- sciousness and imagination of future One of the things we know about the ator JOE DONNELLY—JOE—is one of the generations of journalists. There, Midwest and Great Lakes is that we do nicest guys you will ever meet. again, JOE and I had an opportunity to care about our neighbors. Someone He is also very funny. Both of those work together. with a really good snowblower might We worked together on perhaps the clean off his neighbor’s driveway, too, qualities have made him a real joy to most consequential issue of our time— since he was out there anyway. That work with. I know I speak for everyone fighting this scourge of opioid abuse. reminds me of JOE DONNELLY. on both sides of the aisle; he will be We have worked on multiple bills on We know that JOE is the senior Sen- missed. that front. ator from Indiana. It is a wonderful Senator DONNELLY—JOE, thank you One of the more fun areas we worked neighboring State. We may compete for your hard work, your leadership. together was actually one of the first now and again, but I have been so Thank you for being a wonderful and things JOE and I did after I was sworn grateful to be Senator DONNELLY’s great neighbor. Let me know the next in to the Senate. We struck from all neighbor and his friend. time you are up North, and we will government publications the word Over the past 6 years, I have had the grab lunch and check out some of those ‘‘Indianan.’’ We don’t use that back good fortune to partner with Senator boats. home. Because of JOE DONNELLY and DONNELLY on many issues that affect Mr. DONNELLY. Good deal. Thank our work together, the word our States and the country. you. ‘‘Indianan’’ will never appear in gov- We are both passionate about fight- The PRESIDING OFFICER. The Sen- ernment publications. Instead, it will ing for workers and stopping the ex- ator from Kansas. forever hereinafter be the word ‘‘Hoo- porting of American jobs. We want to Mr. ROBERTS. Mr. President, very sier.’’ The word ‘‘Hoosier’’ is the proper export our products, not our jobs. JOE quickly, I want to add to the remarks word and will now be used to describe has been at the front of the line fight- of my distinguished ranking member, someone from the State of Indiana. ing for American workers. Senator STABENOW, on the sometimes I think JOE would characterize him- Making things and growing things— powerful Senate Agriculture Com- self as a regular guy. I actually think that is what Michigan does, that is mittee, and I associate myself with her he is an extraordinary guy in so many what Indiana does, that is what we are remarks. ways. He is uncommonly approachable all about, and JOE has been at the front In a moment or two, we are going to for a U.S. Senator. That is very impor- of the line to make sure that jobs are go to the Agriculture Improvement Act tant in this democratic republic in there making things and growing of 2018, for which he had positive con- which we live. We want to make sure things. tributions. We wouldn’t have been able that the people we hire to help us—we We have had the opportunity to work to pass a bill without bipartisan sup- want to make sure our elected rep- together on the Senate Agriculture port, which he stressed in his last mes- resentatives are people we can talk to Committee, and in just a moment, we sage to the Senate. and people who will listen. He has de- are going to hopefully be passing a 5- JOE, thank you for being a friend, veloped a reputation that I think he year farm bill. JOE has been an impor- and thank you for being a great col- should be very proud of as being re- tant voice in that. It is something that league, and thank you for being such a garded as someone who is really ap- we relish because, as a committee, we great member of the farmers, ranchers, proachable. work together on a bipartisan basis and growers in Indiana. You have done JOE is refreshingly plainspoken. and get things done. Senator DONNELLY a good job. We will certainly miss you. There is not a lot of flowery language has been a very important part of that, Mr. President, I think we have to ask that he brings to bear. He is who he is, including getting important wins for unanimous consent to give an addi- and he is very comfortable with that, Indiana. It includes his legislation that tional 10 minutes to the distinguished and he speaks in such a way that is targets the opioid crisis by expanding ranking member and me to make re- equally accessible to all Hoosiers and USDA rural development investments marks prior to the vote on the farm all Americans. That is really impor- in community treatment facilities and bill. tant, too, and I think it is something telemedicine—no small thing. The PRESIDING OFFICER. Is there that others will seek to model moving That will save lives. It provides peace objection? forward. of mind for farmers to use crops and Without objection, it is so ordered.

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.035 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7411 The Senator from Michigan. This bill also continues the farm Feeding an increasing global popu- H.R. 2 bill’s legacy as one of the largest in- lation is not simply an agriculture Ms. STABENOW. Mr. President, I vestments in our land and our water. It challenge; it is a national security want to first thank our majority leader is so important to Michigan. By focus- challenge. This means we need to grow and the Democratic leader for their ing on successful conservation partner- more, raise more with fewer resources. support in bringing this bill to the Sen- ships, we will actually grow funding by That will take investments in research, ate floor for consideration. Thanks to leveraging nearly $3 billion in new pri- new technology, lines of credit, and all of our Agriculture Committee mem- vate investment over the next decade. proper risk management. It takes the bers, including the Presiding Officer This bill also supports our small government providing tools and then and conferees on both sides of the aisle, towns and rural communities, such as getting out of the producer’s way. for working to put this bipartisan farm Clare, where I grew up. New invest- Organizations representing thou- bill together. Most importantly, I want ments in high-speed internet will sup- sands of agriculture, food, nutrition, to thank our distinguished chairman of port communities most in need. There hunger, forestry, conservation, rural, the committee—my partner, my are new opioid treatment resources to business, faith-based, research, and friend—for working so hard. help those struggling with addiction. academic interests have issued state- We have worked together from the The bill also helps ensure that small ments supporting this conference re- very beginning. We promised each town water systems are providing port. This is what happens when the other we would deliver a strong, bipar- clean and reliable tapwater. All of Congress works in a bipartisan, bi- tisan farm bill. Despite many obstacles these things create opportunities for cameral fashion. This is a good bill. It along the way, we kept that promise. young people to stay in their homes is a good bill that accomplishes what The final farm bill reflects a hard- and their hometowns and raise their we set out to do—again, to provide cer- fought bipartisan agreement on a 5- families, which is what we want. That tainty and predictability for farmers, year bill to strengthen the diversity of is what this bill is all about—growing families, and rural communities. American agriculture and the 16 mil- opportunity. We have made tough choices, being lion jobs it supports. We know some- I urge my colleagues to join us in judicious with the scarce resources we thing about that in Michigan, where supporting this bill. I want to thank all have on behalf of the taxpayer. This agriculture and the food industry sup- of my incredibly talented staff for their may not be the best possible bill. We port one out of four jobs. That is a lot hard work, as well as the chairman’s know that, but it is the best bill pos- of jobs. We also grow a wider variety of staff. I know we will have another op- sible under these circumstances. Im- crops than any other State but one—a portunity to speak more at length portantly, it provides our farmers, our small State called California. about the provisions of the 12 titles of ranchers, and other rural stakeholders Now more than ever, we need to be the farm bill and be able to speak more much needed certainty and predict- broadening the diversity of American about the hard work of our staff, but ability. agriculture, and that is exactly what today we are ready for a vote, to be I encourage my colleagues to support the farm bill does. Our farm bill con- able to get this done so that we can this conference report. Every farmer, tinues to support the wide variety of send it to the House for their support, every rancher, every grower, everyone farms all across America—big farms, as well, and then on to the President. within our Nation’s food supply is small farms, ranchers, urban, rural. We The PRESIDING OFFICER (Mr. watching to see if we cannot meet our provide new permanent support to keep FLAKE). obligations and pass this bill. Let us do this progress going, which I think is The Senator from Kansas. that. Let us tell those farmers and really important. Mr. ROBERTS. Mr. President, I ranchers, who are going through tough We invest in the bright future of ag- thank my colleague for her remarks times, that they are going to be good riculture by helping new and beginning and associate myself with those re- for the next 5 years. Their lender is farmers, including young people and marks. I rise today as the Senate con- paying attention to this bill. Let us our returning veterans, who are play- siders the conference report on an issue support this bill. ing a greater role in agriculture in that is critically important to our Na- I yield back. Michigan, as well as across the coun- tion—the Agriculture Improvement The PRESIDING OFFICER (Mr. Act of 2018, the farm bill. try. BOOZMAN). The question occurs on the The goal, the responsibility, the ab- New investments in international conference report to accompany H.R. 2. solute requirement is to provide farm- trade promotion will help farmers sell Mr. ROBERTS. Mr. President, I ask ers, ranchers, growers, and everyone their products abroad. This couldn’t for the yeas and nays. come at a more important time. within America’s agriculture and food The PRESIDING OFFICER. Is there a Streamlined, permanent support for value chain certainty and predict- sufficient second? farmers markets, food hubs, and local ability during these very difficult There appears to be a sufficient sec- food processing will help our farmers times. This conference agreement in- ond. sell their products to their neighbors. cludes policy improvements from both The clerk will call the roll. We need to sell around the world, and the House-passed bill and the Senate The bill clerk called the roll. we need to be able to sell in our own bill, which passed this body with a (Mr. JOHNSON assumed the chair.) communities. strong bipartisan vote of 86 to 11. We By protecting and expanding crop in- have worked to maintain as many pri- The result was announced—yeas 87, surance and improving support for our orities for as many Members as pos- nays 13, as follows: dairy farmers—in fact, strengthening sible. [Rollcall Vote No. 259 Leg.] the support for our dairy farmers, who This farm bill meets the needs of pro- YEAS—87 were hit so hard with price drops and ducers across all regions and all crops. Alexander Cortez Masto Hirono other issues—we maintain a strong It ensures that our voluntary conserva- Baldwin Crapo Hoeven Bennet Cruz Hyde-Smith safety net for farmers. Importantly, we tion programs are keeping farmland in Blumenthal Daines Inhofe maintain a strong safety net for our operation while protecting our agri- Blunt Donnelly Isakson families. culture lands, our forests, and other Booker Duckworth Jones We said no to harmful changes that natural resources. Boozman Durbin Kaine Brown Ernst King would take away food from families. The bill focuses on program integ- Burr Feinstein Klobuchar Instead, we will increase program in- rity—program integrity, and common- Cantwell Fischer Lankford tegrity and job training to be able to sense investments to strengthen our Capito Gardner Leahy Cardin Gillibrand Manchin make sure that things are working as nutrition programs to ensure the long- Carper Graham Markey they should and that every dollar is term success of those in need of assist- Casey Harris McCaskill used as it should be. Instead, we will ance. With trade and market uncer- Cassidy Hassan McConnell connect participants with healthy food tainty, to say the least, it provides cer- Collins Hatch Menendez Coons Heinrich Merkley through strong investments in farmers tainty for our trade promotion and re- Corker Heitkamp Moran markets and nutrition incentives. search programs. Cornyn Heller Murphy

VerDate Sep 11 2014 03:21 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.038 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7412 CONGRESSIONAL RECORD — SENATE December 11, 2018 Murray Sasse Thune mocracy, will help both Democrats and and jumbo loans? We will approve what Nelson Schatz Tillis Perdue Schumer Udall Republicans know who is trying to in- the banks won’t. Peters Scott Van Hollen fluence the elections, and will also That is exactly the thing that took Portman Shaheen Warner allow us to determine whether foreign us down the wrong path in 2008 and Reed Shelby Warren entities—which is, by the way, illegal— 2009. Greed took over common sense. Risch Smith Whitehouse Roberts Stabenow Wicker are trying to influence our elections. Then, common sense failed, and we did Rounds Sullivan Wyden I yield the floor. some bad things. All of the things in Sanders Tester Young The PRESIDING OFFICER. The Sen- the mortgage-backed securities market NAYS—13 ator from Georgia. took place all at once. What happened 2008 HOUSING CRISIS Barrasso Johnson Paul was, because money was chasing rates Cotton Kennedy Rubio Mr. ISAKSON. Mr. President, this is and rates were starting to rise—and Enzi Kyl Toomey a special time of the year—Christmas. now they are starting to rise; that is Flake Lee All of us are in a hurry to get home. happening in our economy—the instru- Grassley Murkowski Our children are waiting for us to get ments that yielded higher rates than The conference report was agreed to. home. Our families can’t wait to share the going rate for regular credit start- The PRESIDING OFFICER (Mr. the joy of the day. We want fun around ed being created to be sold and pack- HOEVEN). The Senator from Montana. the fire and the household. I would aged on Wall Street. You would make f hate to be the grinch who stole Christ- money on the sale of the security, but mas in the Senate. I don’t want to you would also fund the mortgage at a PROVIDING FOR CONGRESSIONAL think that 10 years from now, if only I higher yield to you, the investor, which DISAPPROVAL UNDER CHAPTER hadn’t said this, this wouldn’t have is just fine and dandy until the person 8 OF TITLE 5, UNITED STATES happened or, maybe, if I had seen it at the lower end of the spectrum, who CODE, OF THE RULE SUBMITTED coming, I would have done something. gets approved with a no-document, no- BY THE DEPARTMENT OF THE In 2008 and 2009, the Senator from down payment loan, ends up qualifying TREASURY RELATING TO ‘‘RE- Montana, Senator HOEVEN, and I, for it, gets it, does not make a pay- TURNS BY EXEMPT ORGANIZA- among others, went through the 2008– ment, and gets foreclosed on. All of a TIONS AND RETURNS BY CER- 2009 housing crisis that ended up in sudden, the credit is lost. The house is TAIN NONEXEMPT ORGANIZA- mortgage-backed securities failures, in lost. The same thing that happened in TIONS’’—MOTION TO PROCEED all of the trouble that happened on 2008–2009 starts happening all over Mr. TESTER. Mr. President, I move Wall Street—Dodd-Frank—and in the again. to proceed to Calendar No. 630, S.J. collapse of our economy. It was the I am not saying that we are on the Res. 64. worst collapse of our economy ever verge of a collapse. What I am saying is The PRESIDING OFFICER. The since 1927. We all remember what hap- that it is a carbon copy—I mean a car- question is on agreeing to the motion pened. We ended up getting the TARP. bon copy—of exactly what was hap- to proceed. We ended up having crisis after crisis. pening in 2008 and 2009 when the mar- The motion was agreed to. Slowly but surely, we guaranteed kets collapsed. We can’t afford another The PRESIDING OFFICER. The enough stuff to get the market strong one. Banking is stronger today for a lot clerk will report the joint resolution. enough to begin to build back. Just of reasons. It is mainly because there The senior assistant legislative clerk now, it is back where it ought to be aren’t nearly as many of them. There read as follows: from the standpoint of values, which is aren’t nearly as many of them because A joint resolution (S.J. Res. 64) providing a decade later. a lot of them failed. In the South—in for congressional disapproval under chapter 8 Quite frankly, the housing market is Atlanta, GA, my State—we lost more of title 5, United States Code, of the rule not as strong. Its only strength is that than almost anybody in the country, submitted by the Department of the Treas- there are not that many houses for simply because the capacity was not ury relating to ‘‘Returns by Exempt Organi- sale. That is because people aren’t put- there. zations and Returns by Certain NonExempt ting them on the market. Builders As I said about the housing market, Organizations.’’ can’t build specs, and there is not near the number of houses available in the The PRESIDING OFFICER. Under the credit that there should be. People marketplace is much lower than it was the provisions of 5 USC 802, there are 10 who have resales are putting them off back in the 1990s and back in 2005, 2006, hours of debate equally divided. and fixing the houses up because they and 2007. It is down because there is not The Senator from Montana. are staying longer. So they are selling as much to put on the market. There is Mr. TESTER. Mr. President, I just them for more money. not enough credit to finance it and put want to make a very short statement On the Multiple Listing Service, in it on the market and have spec loans. and then flesh it out a little further to- Atlanta, GA, when I left my company People are very tight with their money morrow. in 1998, there were 140,000 houses on the because a lot of them got burned in The resolution we are about to take market in Atlanta in June of 1998. Now 2008 and 2009. They see their parents up will help to protect our democracy, there are about 60,000. That is not be- who lost their houses and their savings. and it will hold special interests ac- cause the market has failed. It is just They see values collapse. They couldn’t countable. I do not believe we can con- that there is not that big a housing get through their college by borrowing tinue to allow special interests to hide stock out there, and it is for all of the against their homes because their under the cover of darkness, as they reasons I said. In terms of financing home equity loans died. have such great influence on our elec- being readily available, it is readily There are lots of folks out there who tions. The American people have spo- available, and that is what I want to are trying to put together instruments ken. I think they have made it clear talk about. and them in an attractive way that they are very tired of the dark I was thinking the other day. I heard to sell them on the New York markets money in our elections and that the de- an ad on the radio about no-doc loans, and through mortgage-backed securi- cision by the administration to allow and I heard an ad about the VA’s 100- ties and to attract low-credit bor- megadonors and special interests to percent loan—that we will approve rowers or young borrowers who aren’t further hide is not acceptable. what the banks will not—and stuff that totally prepared to borrow the way The vote is simple. The vote is for I knew was patently wrong. So I turned they should be. It is of higher risk for more transparency by these special in- to the business section, which I used to us. It is a high risk for our economy. terests. Quite frankly, it has major im- look at as a businessman every day but The middlemen make a lot of money pacts on our elections. I just went don’t anymore because I don’t have the early, but on a 30-year mortgage, you through one, and I will talk a little decisions to make. I am glad that I did don’t want to just make your money more about it tomorrow. because it taught me a lesson, and I early. You want to have somebody with The bottom line is that this resolu- want to read you this from last Sun- skin in the game for all 30 years. tion is one that, I believe, will add day’s paper: How about a loan with no So I just want to say to all of my col- more transparency, will help our de- down payment, zero-down mortgages, leagues—and I am talking to myself as

VerDate Sep 11 2014 03:25 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.008 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7413 much as I am talking to you; I am not increase procurement for critical capa- Over the past 10 years, our national talking at myself; I am talking with bilities, and investment in future tech- debt has grown 86 percent. During the myself—that we have to be careful if nologies. This is just in the past 2 same time, mandatory spending has we see things happening that happened years. We need to continue to make grown 41 percent. All that time, de- in our recent past that we didn’t learn progress. fense spending has been cut by 3 per- from. If we let them happen again, they We also need to implement the na- cent. It has been cut by 3 percent. will be worse. Then you will just say: tional defense strategy. The Trump ad- Meanwhile, constant dollar defense Well, I wish I had seen it coming. ministration’s national defense strat- spending dropped $200 billion between It is coming. Read the paper with me. egy correctly prioritized strategic com- the years 2010 and 2015. In 2010, the I am going to come to the floor a lot in petition—and that is with China and total budget was $794 billion. In 2015, 5 the next few months just to kind of Russia—but the effective strategies are years later, it dropped to $586 billion. monitor it myself. I see the creep of going to have to be matched with re- That is a drop of $200 billion. In per- easy credit, the creep of no documenta- sources. centage terms, it is a 24-percent drop. tion, the creep of no underwriting for This chart is from the National De- This hasn’t happened since the end of the quality of the borrower, and the fense Strategy Commission. That is the Korean war. creep of greed coming into the market- this document right here. This is put We have to do something about the place. The greater it gets, the worse together by a number of very top peo- growing debt. The only way we can ac- the economy is and the faster it goes ple chosen by Democrats and Repub- tually curtail it is to address the bad, and we all go bad with it. licans. In fact, Senator JON KYL was a growth in mandatory spending. There So I just came out to wish everybody member of this Commission before he are a lot of programs in mandatory a Merry Christmas. I don’t want to be got to the Senate. He and I will be spending that could be cut. Again, if the grinch who stole Christmas, but it talking about this and complementing you cut out the entire defense budget, is happening, and it is being advertised each on this tomorrow. This chart we it would not reduce or eliminate the in our newspapers. It is happening in are looking at right now gives you an debt. our cities, and it is happening in our idea of what is happening with some of As mandatory programs drive spend- backyard. We need to make sure that the other countries. We have China, ing growth to new highs, debt held by we don’t let it get away from us be- which is actually increasing—they are the American people has correspond- cause, if we do, we will have only our- passing us in terms of their number of ingly increased. If we don’t do some- selves to blame. ships. This is true with everything else. thing about this, interest on the debt I yield the floor. It looks like they will pass us in about will surpass defense spending by fiscal The PRESIDING OFFICER. The Sen- 2023. year 2023. ator from Oklahoma. In this country, we are kind of used As we see from this gray line here, Mr. INHOFE. Mr. President, I ask to having the very best of everything. this is the net increase in spending unanimous consent that at the conclu- Ever since World War II, we thought compared to the total spending of non- defense. It passes nondefense in 2023. sion of my remarks, the Senator from that was our mission. The Obama administration viewed Iowa, Mr. GRASSLEY, be recognized. There is a quote out of this document the world as they wanted to see it, not The PRESIDING OFFICER. Without we have right here that has been so as it was. The assumption that Russia objection, it is so ordered. brilliantly described by so many peo- was a strategic partner was and is fun- DEFENSE BUDGET ple. It says: ‘‘Put bluntly, the U.S. damentally flawed and profoundly mis- Mr. INHOFE. Mr. President, I don’t military could lose the next state- guided. It has cost us dearly. know how, but a lot of people back versus-state war it fights.’’ These are Today we are faced with the reality home have gotten in their heads that the top military and nonmilitary peo- that those decisions not only weakened defending America is a complicated ple in our society who conducted this our national security by sacrificing our issue and that it is the kind of issue study. It has been heralded as the most military advantages over Russia, but it they think is going to have to be de- accurate study by all parties having to will be costly to recoup the capabilities cided in Washington by a lot of smart do with our Nation’s defense. that President Obama had chosen to people and all that, but nothing could At a minimum, next year’s defense cut with his lack of priorities for the be further from the truth. budget should at least be $733 billion. military. That is the reality. The reality is, defending America is That is a floor, not a ceiling. I have to I think this President has done a just common sense. It is called pri- say, that represents a no-growth budg- good job in outlining who our pure ority—something we didn’t have in the et because, in fiscal year 2018, we went competitors are. We are talking about last administration. We all—every from $700 billion. Then, in fiscal year countries that have things better than American citizen—need to be respon- 2019, we went to $716 billion, and then we have. We are going to be talking sible for our own national security. I this will actually be going up to $733 about that in some detail tomorrow. am going to be coming here each week billion. If that happens—do the math— When the military is forced to reduce to outline the common sense for our that is an increase of 2.1 percent, which spending, it is going to have to take common defense—what we are working is not even a growth. It is a no-growth tradeoffs between lowering readiness, on here in Washington—for families budget. reducing force structure, and just not back home. I have to say, General Dunford, Sec- modernizing. In this case, we suffered Today I will talk about how we face retary Mattis, and the rest of them through all three of those in the last the urgency in funding our national de- have called for fully implementing the administration. fense. It is very simple. Again, it is national defense strategy, which would In the meantime, our adversaries— common sense. Without action to ex- require between 3 to 5 percent of real Russia and China—have increased their empt the military from sequestration growth. own military spending and focused on or to reach a budget agreement, once On both sides of the aisle, we have force structure and modernization. The again, we will have to face the dev- had some individuals who are advo- size of the Chinese Navy will soon pass astating cuts of the Budget Control cating for cutting defense spending be- the size of the U.S. Navy. There it is Act in our military. We could handle it cause of the increased deficit. I am right here. It shows we are almost in other areas, and I am very sup- concerned about the increased deficit, ready for those lines to cross in 2018. portive of it but not in the military at but we also have to have this priority. They will cross in 2022. this particular time. We have to have America catch up. We Over the 2000 and 2030 timeframe, the I will tell you why. We know what are not used to having to catch up U.S. Navy is growing at an average the result will be. We saw it during the defensewise, but we are now. rate of about one ship every 2 years, Obama administration. Without suffi- Defense spending is not the primary while the Chinese Navy is growing cient, sustained, and predictable fund- reason for our increased debt. We could more than 20 times faster, at an aver- ing, we will squander the progress the eliminate the entire Pentagon budget, age rate of about 10 ships annually. military has made over the past 2 and the deficit would actually grow. The quality and capability of those years, which is to improve readiness, Here is why. ships is increasing as well.

VerDate Sep 11 2014 03:25 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.041 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7414 CONGRESSIONAL RECORD — SENATE December 11, 2018 As chairman of the Senate Armed ings and phone calls, people who don’t year farm bill widens that loophole al- Services Committee, I see no bigger like to save the taxpayers money and most beyond explaining. imperative than this: to fully fund our who don’t want to help young and be- The new farm bill will allow nieces defense and to fully implement the na- ginning farmers and medium-sized and and nephews to qualify as part of a tional defense strategy. smaller farmers and who worry more family farm without any new require- When I talk to people out in the real about the wealthy farmers have been ments that they actually have to work. world—I am talking about going out to able to undercut the effort, even when Despite what some of my colleagues Oklahoma and talking to groups of a majority of both bodies has supported may say, this is not about helping people—and they find out it was true it. nieces and nephews get into farming. that ever since World War II, we have I didn’t give up as a result of the 2014 Why? Because every person who really had the occasion of being No. 1 in all bill and the disappointment there. I got farms already qualifies for title I pay- areas of our equipment, such as artil- through the U.S. Senate those hard ments by themselves without this new lery and other things, they are shocked caps on what any one farmer can get gimmick. So this new gimmick is just to find out that the Chinese and the and to make sure the people who bene- to award this big taxpayer money to Russians actually have equipment that fited from it were, in fact, farmers, not people who aren’t actually working the is better than ours. We will be specifi- nonfarmers who maybe had a distant farm. cally talking about this tomorrow. relationship from some farming oper- Allowing nieces and nephews to qual- With that, I thank my friend from ation, maybe even being on Wall ify as part of a large farm entity mere- Iowa. By unanimous consent, I think Street. ly allows larger farmers to get more he is the next speaker after my re- Once again, I was undercut in this ef- subsidies. They just need to hire the marks. fort to save the taxpayers money and right lawyer to structure the farming I yield the floor. to concentrate our farm bill on operation in a certain way, and they The PRESIDING OFFICER. The Sen- medium- and small-sized farmers who can then receive unlimited taxpayer ator from Iowa. need the help, when things have hap- subsidies. Mr. GRASSLEY. Mr. President, I pened naturally or politically or inter- For years I have been using this fig- thank my colleague from Oklahoma. nationally that are beyond their con- ure about the top 10 percent of the farmers receiving more than 70 percent H.R. 2 trol that drive down prices or acts of Mr. President, I want to thank Sen- God such as a drought. It is the small- of the subsidies from the government. ate Agriculture Committee Chairman or medium-sized farmers who need the That is only one of the many reasons it is so hard for young and beginning ROBERTS and Ranking Member STABE- help from the government, not these farmers to get started. NOW for their hard work in putting to- big farmers and corporate farmers I know it is hard to believe, but I gether the 2018 farm bill. It was a long whom we are going to end up helping, have never heard a single young or be- and difficult process, and they nego- the way this bill is written. ginning farmer tell me that the way to tiated in good faith. To say the least, I am disappointed help the young and beginning farmer is I also want to thank my friend and that the bill makes more subsidies to give more money out of the U.S. colleague from Iowa, Senator JONI available to the wealthiest farmers and Treasury to the largest farmers. ERNST, for her dedication to reforming many nonfarmers. I would say that is a Many farmers are hurting from the the Conservation Reform Program. In severe understatement. I am more than downturn in commodity prices. That the Midwest, we refer to that as the just a little disappointed, especially has been a downturn over the last three CRP. The program’s intent is to reduce when the impact of large farmers being or four years. Corn and soybeans have land erosion, improve water quality, allowed to manipulate the system is had significant price declines in those and help wildlife populations. Over the that young and beginning farmers face years. If only all crops were as lucky as years, it has strayed from its intended even larger hurdles. cotton, with its high prices ensured by focus. So far, the bill has not won much the Federal Government over the last Some landowners have been receiving praise outside of the Washington lobby year, then all people would be, what we more than $300 per acre to enroll their groups whose members will receive say, ‘‘living in the clover.’’ entire farms in the CRP. That puts more taxpayer subsidies from a few se- However, market corrections do not young and beginning farmers at a com- lect changes. justify Congress expanding subsidy petitive disadvantage. In fact, even At its core, farm policy should be a loopholes that only benefit the well-established farmers have had limited safety net to help farmers wealthy—especially at a time when our rented land taken away from them be- weather the storm of natural disasters, long-term fiscal situation is as bad as cause it was enrolled in the CRP at lu- unpredictable commodity markets, and it has ever been. crative rates paid by the government other unforeseen challenges. This bill The last time we passed a farm bill, that the individual farmer could not goes well beyond that limited safety our national debt was $17 trillion. compete with. net. Today it stands at $21.8 trillion, and we Farmers can’t and shouldn’t have to Today we have a farm bill that is in- all know that it is growing. So whether compete with the government, espe- tentionally written—I want to empha- it is talking about saving the tax- cially with the current debt our coun- size ‘‘intentionally written’’—to help payers’ money or whether it is talking try has. Senator ERNST has been an ad- the largest farmers receive unlimited about targeting the farm program to vocate for these reforms, and these re- subsidies from the Federal Govern- small and medium-sized farmers as op- forms have been accomplished as a re- ment. There is no other way to charac- posed to the wealthy, or whether it is sult of her efforts. terize what the conference committee talking about getting young people Unfortunately, the 2018 farm bill did has done in this area. into farming, Congress needs to get se- not include another critical reform In the last farm bill, both bodies of rious about spending. that would help young and beginning Congress approved a commonsense This bill represents an open-ended farmers, that is my payment limita- amendment I offered that would have spigot of taxpayer subsidies in the title tions amendment. This is a process I limited the abuses related to title I I programs of the bill. Because of this, have been trying to get accomplished subsidies. This time the House would when we cast our vote about 1 hour and have been unsuccessful through at not even have that debate—no debate ago, I voted against this farm bill, least this farm bill and two previous on my reforms. The Senate did, how- which, otherwise, is a pretty basic pro- farm bills. ever, include it in their bill. gram. We could have done a lot more to Each time I have been successful in However, the 2014 conference com- save the taxpayers money, and we getting these reforms throughout the mittee put in a loophole that exempted didn’t. U.S. Senate—in the 2014 farm bill, I family farms, which account for ap- I yield the floor. was able to get them through both the proximately 95 percent of farms, from The PRESIDING OFFICER. The Sen- House and Senate in the same form— the new rules. This bill makes their ator from Minnesota. but do you know what? In the dark original loophole even larger. So as bad Ms. SMITH. Mr. President, I rise rooms of conference committee meet- as the 2014 farm bill was, this new 5- today to talk about some very good

VerDate Sep 11 2014 03:25 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.043 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7415 news. After months of bipartisan nego- Minnesotans have given me some great and departments, like Health and tiations, the Senate has finally passed ideas about what to fight for here in Human Services, to coordinate efforts. the new farm bill. This bill will prob- Washington, DC. This is an important step toward im- ably not get as much attention as some I heard from young farmers in Min- proving rural health across America. other news going on right now in poli- nesota—like organic farmer Matthew When I talked to Minnesotans from tics. That is too bad, because the farm Fitzgerald of Hutchinson, and Eric the Red River Valley, I heard about bill is a significant piece of legislation Sannerud, a hops farmer in Foley— how important the sugar program is to that touches the lives of every person about the difficulty beginning farmers maintain their competitiveness. I every day in Minnesota and throughout face in accessing USDA programs. So I fought during the floor debates to sus- the country. This bill is crucial to our pushed for the farm bill to include pro- tain this program on behalf of sugar Nation’s farmers, and our farmers are visions to support our next generation beet farmers in my State and across producing the food and the fuel that of farmers with my friend and col- the upper Midwest. feed our Nation and the world. league Senator HEIDI HEITKAMP of I advocated to make sure that the It is also good news because Congress North Dakota and Senator ANGUS KING farm bill funds a preparedness and re- has come together to get this done. At of Maine. sponse program to national animal dis- a time when so many Americans are After visiting the Good Acre in Fal- ease outbreaks and a vaccine bank to frustrated with divisive politics, it is con Heights and learning about local prevent the spread of foot and mouth worth pausing over the way Members food systems, I joined a bipartisan ef- disease. This was a bipartisan effort, of both parties have come together to fort to better connect farmers with again, with my fellow Minnesota Sen- produce such an important bill through their communities. So I am grateful for ator, AMY KLOBUCHAR, and Senator hard work and compromise. the leadership of Senator SHERROD JOHN CORNYN of Texas. In the Senate, we came together with BROWN from and Senator SUSAN At the poultry testing lab in a wide range of priorities from every COLLINS from Maine on this important Willmar, MN, I heard about the need region of the country. Senators rep- issue. for vaccine banks and animal disease resenting crops like cotton and peanuts In March, I visited the Haubenschild readiness. When Minnesota was hit worked together with Senators from Dairy Farm in Princeton, MN. Three hard by the avian flu outbreak that re- States like mine, with soybeans and generations of the Haubenschild family sulted in the death of nearly 9 million corn, to reach this final compromise. run this dairy farm. As we toured their turkeys and chickens, we knew that We were able to find agreement be- impressive operation, this family this program was necessary. Other Minnesota priorities came cause of the leadership that was pro- talked to me about how dairy farmers from conversations with folks across vided by Chairman ROBERTS and Rank- have been hit hard by low commodity the State. This bill advances conserva- ing Member STABENOW on the Senate prices. This was a message that was tion programs so farmers have the op- committee and Chairman CONAWAY and echoed by dairy farmers across the portunity to start conservation strate- Ranking Member COLLIN PETERSON, State, who have been a really impor- gies and to keep them going long into from Minnesota, on the House com- tant part of my farm bill working the future to protect the environment mittee. group. and increase productivity. Minnesotans When I became a Senator just under So when I got back to Washington, I use these programs almost more than 1 year ago, I fought for a seat on the was determined to help fight for strong any other State. Agriculture Committee, and I imme- safety net programs that support dairy Minnesotans know that the transi- diately formed a farm bill working farmers, along with many of my Senate tion to clean energy presents a great group in Minnesota so that I could hear colleagues. A bipartisan coalition of economic opportunity for rural and from farmers and ranchers, foresters Senators from dairy States worked to farming communities. As the top Dem- and researchers, rural community lead- make sure that this farm bill builds on ocrat on the Rural Development and ers and Tribes, as well as experts in nu- the improvements made to the dairy Energy Subcommittee, I introduced trition, energy, and conservation, to safety net in the March omnibus bill. legislation outlining a road map for a make sure that Minnesota’s priorities The final version of this bill does just strong energy title in this farm bill, were included in this farm bill. From that. This farm bill expands gains and a bipartisan coalition of Senators corn growers in Goodhue County in the made in the dairy safety net, especially urged the committee to fund and southeastern part of Minnesota to for small and medium-sized farms. strengthen these many successful en- sugar beet farmers in the northeastern There are still a lot of challenges ergy programs at the USDA. part of the State, I heard the same ahead for dairy farmers, but hopefully One example is the Rural Energy for message: We must pass a farm bill this these provisions will help Minnesota’s America Program, which helps agri- year. farmers who are facing falling milk culture producers, local businesses, and The farm bill is so vitally important prices. rural communities to develop energy to Minnesotans because agriculture is Many farmers told me they were wor- efficiency and renewable energy the foundation of Minnesota’s econ- ried about skyrocketing healthcare projects that create jobs, cut energy omy. In Minnesota, agriculture gen- costs. So during a visit to Fergus Falls, bills, and reduce greenhouse gas emis- erates $121 billion in economic activity MN, healthcare leaders from Douglas sions. Rural communities will benefit and supports 400,000 jobs. Minnesota is County Hospital and Lake Region greatly from the mandatory funding No. 1 in sugar beets, No. 2 in corn proc- Healthcare spoke to us about the given to this program. essing, and No. 3 in soybeans. We raise unique health challenges facing rural Another issue emphasized by rural the second most hogs, and we raise the communities. In Minnesota we are fo- development leaders across Minnesota most turkeys. cused on finding innovative solutions is the need that people have for access So working on the farm bill, one of to address rural health challenges. It is to reliable and affordable internet serv- my first stops was with COLLIN PETER- clear that Federal agencies need to do ice. Broadband access is critical to SON in Ada, MN, where we met with more to examine the barriers people farmers using modern equipment and farmers and rural development leaders, face who are accessing care in rural for rural families trying to access and everyone in that community told communities. healthcare, education, and jobs. me how the farm bill directly affects That is why I helped to shepherd the This bill incorporates my Commu- them. So I directed my staff to con- bipartisan Rural Health Liaison Act nity Connect Grant Program Act to in- tinue these listening sessions, and I am through the Agriculture Committee, crease funding for this important effort proud to say that we had almost 50 of and I helped to introduce this bill with to create better broadband access to them around the State. Meeting with Senator DOUG JONES of Alabama and unserved remote rural and Tribal com- the working group and touring farms Senator MIKE ROUNDS of South Dakota. munities. This provision is a step for- and rural development projects around The Rural Health Liaison Act will cre- ward and one of the many things we Minnesota have made the issues facing ate a new position in the Department need to do to connect Minnesota and rural America and our farmers one of of Agriculture to ensure that the people across the Nation with afford- my top priorities here in the Senate. USDA is working with other agencies able, reliable internet service.

VerDate Sep 11 2014 03:25 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.044 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7416 CONGRESSIONAL RECORD — SENATE December 11, 2018 This farm bill also expands access to the next few days. Then the President shouldn’t be let out of prison; this is jobs and agriculture for returning serv- needs to sign it into law to give farm- about people who have served their icemembers by encouraging the USDA ers and ranchers the certainty they de- time and are going to be leaving prison to assist veterans in joining the agri- serve. and making sure that they at least culture workforce. I pushed for this I yield the floor. have available to them some of the provision, which will help veterans The PRESIDING OFFICER. The Sen- tools they need in order to transform have the resources they need to take ator from Texas. their own lives. I am not so naive as to advantage of these opportunities. FIRST STEP ACT think that every person will take ad- Today, as our farmers face deep un- Mr. CORNYN. Mr. President, this vantage of that opportunity, but we certainty regarding tariffs and the im- morning the majority leader an- know from experience at the State pacts they have, this bill includes bi- nounced that the Senate will soon take level that there is a significant per- partisan provisions to increase funding up a revised version of the FIRST centage of offenders who will take ad- for USDA trade promotion activities, STEP Act, which will provide a number vantage of the opportunity to turn because we all know that international of long-needed reforms to our criminal their lives around. That is why I was markets are essential to many farmers. justice system. proud to work with the White House All farmers deserve these opportuni- I have long been a supporter of these and my colleagues here in Congress— ties, and now there will be greater in- reforms after I saw the positive impact especially, as I mentioned, Senator clusion of Tribal products in Federal in my home State of Texas back in WHITEHOUSE and Congressman DOUG trade promotion efforts and activities 2007. Then, in response to a steadily COLLINS in the House of Representa- to make sure that Native farmers growing prison population, Texas tives—to advance these reforms. aren’t missing out on new inter- began enacting reforms to reduce re- Earlier this year, we passed the bill national markets. I want to thank my cidivism through programs like job out of the House with strong bipartisan colleagues, Senator JOHN HOEVEN of training and vocational education. support, and I have worked with my North Dakota and Senator STEVE This, of course, allows prisoners to colleagues here in the Senate as the DAINES of Montana, for working with spend their time in prison preparing bill has changed and developed—and, I me on this issue. themselves for life outside of prison. believe, for the better. Unfortunately, It is great that this farm bill includes The results were pretty significant. We some members of the law enforcement these provisions, and I hope farmers saw a reduction in both incarceration community have raised concerns about will begin to feel some relief, but the and crime rates by double digits at the the bill. Out of my respect for our law core trade problem remains. same time. Let me say that again. We enforcement organizations, I spoke Don’t get me wrong—I am committed saw a reduction in both incarceration with many of my Republican col- to standing up to our trade partners and crime rates by double digits at the leagues about the bill. Originally, they and holding them accountable when same time. Not only does this lead to said they were unable to support it or they engage in unfair trade practices. massive savings of taxpayer dollars, it were undecided because they wanted to But the chaotic approach we have seen is an investment in the men and make sure we were doing everything to implementing these tariffs lacks a women who are committed to turning we could to address the concerns raised coherent message and a coherent strat- their lives around. by law enforcement organizations. So egy, and we need to solve this problem What we like to say is that Texas has we went to work trying to make im- for the health of Minnesota and Amer- long been known for being tough on provements in the bill, which I believe ican farm country. crime. But in 2007, we finally decided to we succeeded in doing. Farmers are on the frontlines of this be smart on crime, too, recognizing I want to express my gratitude to trade war, and the cycle of retaliation that people who went to prison almost Senator DURBIN, who is the principal has no end in sight. In this farm bill, entirely got out of prison at some Democratic sponsor, Senator LEE, Sen- we begin to increase access to inter- point. The question is, How prepared ator GRASSLEY, and others who worked national markets, but we still need a were those who were willing to work to on this and say how much I appreciate long-term plan to reopen and preserve turn their lives around for life on the their willingness to try to get to yes the markets farmers rely on. outside? and come up with something we can As I have already mentioned, the For years, I tried to bring this suc- pass with strong bipartisan support. farm bill touches the lives of every cessful Texas model to Washington, I also wanted to make sure we talked American. The farm bill provides im- DC, and now we have a piece of this to the stakeholders—the police officers portant stability and predictability to legislation before us that will take who patrol the streets, the sheriffs who Minnesota farmers, ranchers, rural these reforms nationwide. More than 75 work in each of our States and coun- communities, and Indian Country, percent of the bill we will be voting on ties—about their concerns. I believe we while also sustaining hundreds of thou- is my prison reform legislation that I have worked hard and successfully to sands of Minnesota jobs. originally introduced with Senator address many of them. I don’t nec- It is important to remember that the SHELDON WHITEHOUSE of Rhode Island. essarily believe all of them will agree farm bill reaches beyond rural develop- The great thing about the labora- with every single piece in this bill, but ment, commodity programs, and trade. tories of democracy known as the I think, on the whole, it does balance The nutrition programs reauthorized States is that we can actually test the interests of our law enforcement by this farm bill are of vital impor- some of our theories at the State level personnel with the needs of our society tance, and the data backs this up. Ac- to see whether they work. In the case to better prepare people so that when cording to the Agriculture Depart- of prison reform, when they do work, they come out of prison, they will not ment, in 2017, 15 million households we can then scale it up so it applies to likely repeat their mistakes, in every with over 40 million people—including the entire Nation. case that is possible. millions of children across the coun- Today, there are more than 180,000 in- As I say, I think we made some big try—live in households that are food mates in the Federal criminal justice improvements. The revised legislation insecure, which is a fancy way of say- system. The Federal Bureau of Prison’s will keep dangerous and violent crimi- ing that many people have no clear budget has doubled to approximately $7 nals who use guns to commit crimes idea of where all of their meals are billion over the last decade. We have an from being released from prison early. going to come from in a certain week. opportunity to save lives by reducing They will not be eligible for any sort of We need to do better than this in the crime rate for each of those pris- earned time release. It will also limit America. That is why farmers and oners who does not recidivate when the amount of time that offenders can ranchers in my State tell me how im- they get out of prison and conserve tax spend on supervised release and ensure portant they think it is to support nu- dollars, as well as to create a criminal that the Bureau of Prisons will revoke trition programs, and I am glad this is justice system that works for, not prerelease custody for offenders who reflected in the final farm bill. against, the American people. violate the terms of their supervision. We have passed this bill in the Sen- Let me be clear. This is not about I appreciate all of the work of our ate, and I hope the House will pass it in letting people out of prison who colleagues in the Senate who chose to

VerDate Sep 11 2014 03:25 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.045 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7417 roll up their sleeves and get to work Don’t do anything that President Yesterday I talked about some of rather than just complain about what Trump wants. Anything President those challenges: striking a balance be- was or was not in the bill. I am proud Trump wants, the answer is no. tween a secure border and a completely to announce that I will cosponsor this Well, that is more about politics than closed border. A secure border main- new and improved version of the bill, it is about doing our job as legislators tains the flow of legitimate goods and and I encourage all of my colleagues to trying to solve problems. services while deterring cartels from review it and hopefully join me in sup- It also appears that they seem to shuttling illegal contraband across our porting this legislation. I look forward think that the continued status quo borders. A closed border would cut off to working with everybody in this along our border is good enough, and trade and commerce that is the life- body, as well as our colleagues in the they are more than willing to gamble blood of our economy, which brings me House, to get this bill over the finish with a partial government shutdown to another challenge—something that I line. than work with the President to ensure think in Washington there is simply I know, when we produce the bill in that our border is secure. not enough awareness of; that is, the the House and the Senate, President Somewhere along the way, our cartels, gangs, and the transnational Trump will sign it. He has encouraged friends across the aisle have forgotten criminal organizations that get rich the majority leader, Senator MCCON- that border security should be about exploiting our porous borders. NELL, to put this bill on the floor even protecting the American people from Some like to think of these organiza- in this short window of time we have the drugs that come across the bor- tions as a ‘‘them, not us’’ problem be- during the lameduck session, and the der—90-plus percent of the heroin con- cause they have taken control over majority leader has accommodated the sumed in the United States comes from large parts of Central America and President’s request by saying that we Mexico—or the children and women even Mexico, but the business of these will address this before we go home for who are trafficked for sex or the mi- groups does not stay there. What hap- Christmas. grants who come from Central Amer- pens in Central America, what happens ica, up through Mexico, and into the FUNDING THE GOVERNMENT in Mexico does not stay in Central Mr. President, on another matter, United States, and the cartels charging America and Mexico. It comes flooding roughly $8,000 a person. It is a huge the clock is ticking, of course, and we across our borders. are quickly approaching the deadline moneymaking business, but the people These gangs and cartels are very who are getting rich are the to fund the Federal Government. My shrewd and adapt to changing cir- transnational criminal organizations Republican colleagues and I stand cumstances. They found, the more our and drug cartels. borders and ports of entry are clogged ready to advance our remaining appro- We have seen before what happens with migrants and migrant families, priations bills, but it really depends on when the government shuts down. It the easier it is to traffic people, drugs, what our Democratic colleagues decide affects millions of people across the and contraband into the United States. to do. country and often yields no different Seventy-five percent of the govern- result. We have seen what happens That has a reciprocal effect, too, caus- ment is already funded through bipar- when we fail to secure the border. That ing legitimate trade, travel, and com- tisan cooperation on the passage of ap- is why we need to finish our work fund- merce to slow significantly at our propriations bills, and that is some- ing the government and, by doing that, ports of entry. It is not only exploitation of our bor- thing we haven’t done for a long time. also recognize the importance of a se- der that poses a threat, it is the vio- But there is still critical funding—par- cure border. This should not be about ticularly for the Department of Home- partisan politics or listening to your lence and the instability caused by the land Security, for the FBI, and for the political base; this ought to be about cartels and gangs. That makes it not Department of Justice—that needs to doing our job. We had the midterm just a border security issue but a na- be taken care of before we break for elections; now is the time to govern. tional security issue as well. the holidays. Just a few weeks ago, our friends My friend and fellow Texan, Rep- Earlier today, we know that Demo- across the aisle wanted to magnify the resentative HENRY CUELLAR—a true cratic Leader Senator SCHUMER and migrant crisis by focusing narrowly on blue dog Democrat, as he says—has a Minority Leader PELOSI met with the news coming out of Tijuana, Mex- great saying for how we should think President Trump to figure out whether ico, across the border from San Diego. about this. He likes to say that border there is any room for agreement to re- Some talked about the crisis as if it security starts in Central America and solve the dispute between them. The were a one-off event, an isolated event. ends at our border. I think that is ex- question is, really, What is the appro- They wanted us to look at this like actly right. In other words, you don’t priate amount of money in this bill to we were looking through a soda straw mount a goal line defense at a football fund border security? The President and ignore all of the context and the game. You actually start contesting said he wants $5 billion. Senator SCHU- consequences of failing to secure our the game farther down the field. In this MER has said $1.6 billion ought to be border. They wanted to ignore how we case, the game needs to be contested in enough. Obviously, there is a gap be- find ourselves with this humanitarian the places where these migrants and tween them. crisis in the first place. the drugs emanate, from where they Some people have said: Well, we The caravans of men, women, and start. ought to just shut down the govern- children who left their homes in Cen- We are going to have to work more ment over this dispute. I don’t see the tral America and made the long, dan- closely in partnership with Mexico and wisdom in that because when you shut gerous journey to the United States other Central American governments down the government because you are are sadly symptoms of a far greater to address the violence these groups unable to resolve a dispute, when you problem. Our border has been exploited spread by restoring public trust in law reopen the government, usually what for years, contributing to this crisis. enforcement and stabilizing the econ- happens is that same problem is star- That is why ensuring additional re- omy and these countries. ing you in the face. What we need to do sources for border security is an essen- I spoke with my friend, the Senator is to work together with the adminis- tial piece of the puzzle. from California, Mrs. FEINSTEIN. She tration to come up with a solution My home State of Texas is on the represents a border State. She and I rather than resort to tactics like a gov- frontline—1,200 miles of common bor- have partnered on a number of national ernment shutdown with all the com- der with Mexico. Texas is home to security law enforcement matters. She plications that involves. I don’t think many vibrant border communities that said she was interested in working to- shutdowns play well for either Repub- greatly benefit from having some of gether in a bipartisan way to address licans or Democrats, for the White the busiest land ports in the country, the challenges presented by Central House or the Congress. across which legitimate trade and com- America and Mexico. I said: Abso- The problem, it seems to me, is that merce travels. As I said, we are also on lutely. Sign me up. our Democratic friends are listening to the front row of the many challenges Representing a border State, as you some of the fringes of their own polit- that come along with an unsecured might suspect, I make it a point to ical party who are now telling them: border when it comes to public safety. talk to those who live and work in our

VerDate Sep 11 2014 03:25 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.047 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7418 CONGRESSIONAL RECORD — SENATE December 11, 2018 border communities. It is a unique part left wing of her caucus. They are both improve the preparation of Federal of the United States. I like to say, the trying to fend off outside groups that prisoners for release, when they are concept that people in Washington, DC, think that even talking to President going to be released, has been with us, have about the borders has been Trump on this issue may mean it will and it has been a long process. I think learned from movies and novels; it is be subject for the next attack or per- the bill we are going to go to is, in ma- not from talking to people or visiting haps a primary campaign. I don’t envy jority, our original bill. For a long with the communities along the bor- the spot they are in, but it is a game of time, it has been the engine that I der. That is not a criticism. That is political chicken, and they are playing think all sides have seen as the means just a fact of life. it among themselves. to solve the sentencing piece, which When I hear from people like Manny The reality is, President Trump is in was much more difficult. Padilla, who is the Border Patrol’s sec- the White House, and our Democratic Over and over again, our efforts to tor chief for the Rio Grande Valley, I colleagues need to work with him and move our bill have been held up in can better understand how much is re- us to try to move the country forward, order to try to make a package, which quired to maintain situational aware- to try solve these problems, as hard as is a pretty strong sign that our bill is ness and operational control of the bor- they may be. The American people are a pretty good thing to get on board der, not to mention personal safety of the losers when their elected officials with. I want to thank Senator CORNYN the Border Patrol, who more and more decide their political image and their for his patience through all of this. are frequently assaulted with rocks political aspirations matter more than Then I want to say a quick apprecia- and other makeshift weapons that en- the people they represent in their re- tion to Representative COLLINS and danger their safety and their lives. spective States. Representative JEFFRIES, whose bill on For those who may not be at the bor- As I said, so far, the Congress has the House side was basically started der every day, it is hard to grasp the worked together in a bipartisan man- like ours, and then they were able to range of topography across the 1,200- ner to pass roughly 75 percent of the negotiate what Senator CORNYN and I mile border that Texas shares with government funding. We shouldn’t let both agree were improvements—so that Mexico. It can be hard to imagine how that bipartisan spirit fail us now. Fin- we adopted our bill to incorporate the many resources are actually needed. In ishing our work and securing our bor- improvements from the House side. some places, there are high mountains der shouldn’t be an occasion to turn Other than that, we are about where and cliffs and others, there is thick the end of the year into a political we began with the sentencing improve- brush. In the urban areas that surround sideshow. I think the American people ments that have been added, and it has our ports of entry, there is plenty of do not need any more sideshows and been a long trip, but I am indebted and opportunity to race across the border circuses in Washington, DC. They want appreciative of my colleague in all of and blend in, never to be heard from results, and they want us to own up to this, Senator CORNYN, for having kept again. our responsibility and do our duty. the faith through these many years There will be places where physical Border security is an issue where we and many Congresses in getting to this infrastructure will make the most should be able to find common ground, point. sense. In some places, technology or and funding the government is, of Thank you, sir. personnel is more effective than a course, one of our most basic respon- Mr. President, I ask unanimous con- fence. The point is, the border security sibilities. The point should be made sent that the senior Senator from New is complex. Better enforcement of our that we have already found common Jersey, Mr. MENENDEZ, be recognized at border will require a combination of in- ground on many of these issues before. the conclusion of my remarks, if he is frastructure, technology, and per- Several of our colleagues on the other on the floor. sonnel. That begins with ensuring we side who are still serving in this Cham- The PRESIDING OFFICER. Without have the resources we need to imple- ber, including Senator SCHUMER, sup- objection, it is so ordered. ment a border enforcement strategy. ported passage of the Secure Fence Act CLIMATE CHANGE That is what this issue is all about— in 2006. How that is different from what the discussion Ms. PELOSI, Senator President Trump is requesting now is Mr. WHITEHOUSE. Mr. President, SCHUMER, and President Trump had lost on me, when they agreed that 700 this week, Nations of the world are today. miles of border should be secured by a gathering in Katowice, Poland, to re- My question for our Democratic col- fence. view—and we hope amplify—their com- leagues is, Why will you not help us se- I should also note that the Secure mitments to reduce carbon emissions cure the border? Are you satisfied with Fence Act was also supported by then- under the 2015 Paris Agreement and to the status quo of drugs coming across Senators Obama, Biden, and Clinton. discuss how they will report and verify the border through these transnational This should not be a partisan issue. I reductions in carbon pollution. criminal organizations? Are you satis- hope all of our colleagues will choose The United States of America is fied with the status quo of these cara- to get to work, roll up our sleeves, and technically present in Poland in the vans—thousands of migrants from Cen- do our duty. Not only do we have the form of a small delegation, but Amer- tral America trying to storm our ports chance to fund the government and ican leadership in Poland is decidedly of entry and literally closing them keep the lights on but we also have a absent. Why? It is pretty simple. The down so legitimate trade and com- chance to put ourselves that much Government of the United States of merce cannot occur? closer to a secure border and helping America has fallen under the political Securing our border and protecting end the migrant crisis. control of the industry most respon- our country should not be a partisan I yield the floor. sible for this mess. issue; it is something we ought to be The PRESIDING OFFICER (Mr. American leadership was essential to able to work out and agree on. We RUBIO). The Senator from Rhode Is- forging the global consensus on carbon know the challenges our friend Senator land. emissions in the original Paris Agree- SCHUMER has—the Democratic leader Mr. WHITEHOUSE. Mr. President, ment. I know because I was there in on the other side. He has a cadre of while the distinguished senior Senator Paris in 2015 as Secretary Kerry and people auditioning for the Presidential from Texas, deputy leader, is still on the U.S. negotiating team worked to nomination in 2020, and they are trying the floor, let me thank him for his kind seal the landmark pact. to outdo each other in their impending remarks and express a word of appre- What a pathetic difference a few runs for President. I think, in many ciation for his patience through the years make. In 2017, President Trump ways, his hands are tied. Like every long process of getting to a conclusion announced that the United States leader, he has to decide when to say that we appear now to have finally would become the only country in the yes and when to say no to the people in reached on bringing criminal sen- world to turn its back on this global your conference. tencing reform to a vote on the Senate agreement. The United States abdi- Minority Leader PELOSI has a deli- floor. cates its leadership, just as the sci- cate task of trying to cajole her new This is at least the third Congress in entific warnings of the dangers of cli- and emboldened Members of the far- which the Cornyn-Whitehouse bill to mate change grow clearer and

VerDate Sep 11 2014 03:25 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.049 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7419 grimmer. In October, came a new re- 2030, which is just 11 years from now. $140 per ton of carbon emitted, cov- port from the world’s scientists work- We have to be 50 percent below our ering nearly 50 percent of the Nation’s ing through the Intergovernmental emissions in 2010, 11 years from now, in emissions. Panel on Climate Change. Just last 2030, and we have to hit net zero emis- The Canadian Province of British Co- month, our own Federal Government sions—carbon removed for all carbon lumbia enacted a carbon fee in 2008, released its own sobering news about added—by 2050. That is not that far which has risen over time to its cur- the worsening risks climate change away. rent price of $35 per ton. In the 4 years poses to our Nation and our economy. The IPCC report calls pricing carbon following the British Columbia carbon Our National Climate Assessment the central policy that will allow us to fee, fossil fuel use decreased by 17 per- warned of hundreds of billions of dol- hold the global temperature increase to cent in the Province, compared to in- lars in losses we can anticipate due to 1.5 degrees Celsius or less. This is not creasing by 1 percent in the rest of climate change if we don’t act to cur- some fantasy of the environmental Canada. So it works at decreasing tail carbon emissions. Trump re- community. Some of the world’s big- emissions, and British Columbia’s sponded first by describing his own— gest investors—$32 trillion worth of in- economy grew faster than that of any and I will quote him on this—‘‘very vestment represented by these groups— other Canadian province. high levels of intelligence.’’ Then he stood up in Poland to say: We need to Why would it not? One hundred per- went on to simply deny all the science. fix this problem or there will be eco- cent of the revenues raised from Brit- He said: I don’t see it. nomic catastrophe ahead. They also ish Columbia’s carbon fee are returned Well, guess what. Pope Paul V didn’t said that a price on carbon and an end to taxpayers in the form of other tax see it when Galileo demonstrated the to the subsidy that the fossil fuel in- cuts. And it is popular; 70 percent of Earth revolved around the Sun, but dustry enjoys and is at the heart of its British Colombians support the policy. that didn’t change the astrophysics. political intervention, which has pre- So what about the United States? The climate science—laid out in vented us from taking on climate Well, California has put a price on car- black and white by Trump’s own gov- change, needs to go. bon via an emissions trading system, ernment agencies—is that our planet is You have to add a price on carbon, as have the nine Northeastern States, heating up due to our use of fossil and you have to get rid of the fossil including Rhode Island, that are mem- fuels. fuel subsidies. That is their prescrip- bers of the Regional Greenhouse Gas The science is even more incon- tion for avoiding economic catas- Initiative. For the moment, the prices trovertible than when Donald Trump trophe. in California and the RGGI are still rel- said that climate science was incon- Well, maybe they don’t know what atively low—around 5 bucks for us in trovertible back in 2009. Saying that he they are talking about, but $32 trillion Rhode Island for RGGI. now doesn’t see it is the very definition worth of money thinks that they know Senator SCHATZ and I have intro- of climate denial. what they are talking about because duced our American Opportunity Car- So many people who are engaged in they put their money in the hands of bon Fee Act again to assess a carbon climate denial actually know better these people to make wise investments fee starting at 50 bucks per metric ton but, for a variety of motives, will not for the future. A lot of people have bet of emissions in 2019. It is the midrange act, will not admit it. As to the Presi- their savings and resources behind of the Office of Management and Budg- dent’s not seeing it, ‘‘willful blindness’’ these groups that are now saying: No et’s 2016 estimates of what they call would be another term. price on carbon, no end of the fossil the social cost of carbon. The social This takeover of our government by fuel subsidies, watch out—watch out cost of carbon is the name for the long- fossil fuel forces is having very real for catastrophe. term damage that is done by carbon consequences in U.S. emissions num- On an ideological level, if you are pollution, which the fossil fuel indus- bers. After years of decline, U.S. car- sincere about market capitalism, try is fighting so hard to be a public bon emissions rose in 2018, increasing where the costs of a product need to be subsidy rather than to be put into the by 2.5 percent. in the price of the product for the mar- price of their product. This, of course, coincides with the ket to work, this is pretty obvious Our market-based proposal is an ap- Trump administration’s efforts on be- stuff. The only reason this gets dif- peal to true conservative Republican half of its industry benefactors to ficult is if you are a fake free colleagues. As one Republican former delay, repeal, and weaken rules lim- marketeer who is really fronting for legislator said: It is not just an olive iting carbon emissions from power- the fossil fuel industry. branch; it is an olive limb that we have plants, from oil and gas wells, from in- But if you are not a fake on market offered. But the fossil fuel industry dustrial facilities, even from vehicles. economics when it is the industry that keeps a stranglehold on the Republican Of course all of these industries share funds your party involved, it is pretty Party, preventing climate action—even a measure of the blame for not clean- straightforward stuff. It is basic eco- climate action using market prin- ing up their own mess on their own, nomic market principles. ciples. and you can add to that their culpa- You put the public harm Axios just did this chart. I saw it bility for pushing the Trump adminis- externalities of a product—those today and had it reproduced for the tration to weaken the safety regula- costs—into the price of the product for floor. This is the number of times cli- tions that, in some cases, the industry the market to work—econ 101. mate change was mentioned in Con- had actually agreed to. The auto indus- It shows the priorities around here gress in press releases, floor state- try had actually agreed to the CAFE when market capitalism and the prin- ments, and online by Members of Con- standards and then fought to undo ciples of free market economics are so gress. This is how often the Democrats them through its trade group so that readily thrown under the bus by our have mentioned it from 2013 to 2018. I they could keep their own hands clean. friends once they cross the interests of am afraid I am probably a measurable Chinese carbon emissions increased big, big donor industries. piece of those blue columns. in 2018, as did Indian emissions. Among The good news is that many govern- But if you look over here, this is how major economies, only the European ments—from cities, States, and prov- often Republicans have mentioned cli- Union saw its emissions decline in 2018. inces to countries and regions—are al- mate change. Their best year was 678 This is why international summits ready pricing carbon. This chart shows mentions. For all Republicans in Con- like Poland are so important. The all of the various governments that gress, in all of their press releases, world urgently needs to correct course, have set a price on carbon, either floor statements, and online commu- and we can best do so if countries to- through emissions trading—those are nications, the grand total is 678 men- gether do their part to reduce emis- the green ones—or through a carbon tions—I mean, seriously—and it has sions. price, a carbon fee—the various purple gone down as it has gotten worse be- According to the IPCC, to avoid the ones—and some do both, which is cause I think it is difficult to talk most catastrophic effects of climate where they are mixed. about if you are a Republican. change, we need to cut carbon emis- The carbon fee involved will vary. Everybody is looking around at the sions to 50 percent below 2010 levels by Sweden, for example, charges almost wildfires; everybody is looking around

VerDate Sep 11 2014 03:25 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.050 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7420 CONGRESSIONAL RECORD — SENATE December 11, 2018 at the sea level rise coming up; every- alone. That includes reports from the crease in global average temperatures. body is looking at the storms; every- world’s top climate scientists on the The Paris Agreement also clearly out- body is looking around at the science Intergovernmental Panel on Climate lined robust and transparent reporting now, not only warning of climate Change and the U.N. Environment Pro- so that parties can hold each other ac- change but being able to connect spe- gramme. That includes the National countable via diplomatic engagement cific weather events to climate change, Climate Assessment, which was assem- as opposed to binding legal punish- most recently, the massive heat wave bled by 13 Federal agencies and 300 gov- ment. that wiped out so much of the Great ernment experts—our Federal agencies Of course, success comes down to exe- Barrier Reef. and our government experts. cution. That is what makes the devel- So here is how often Republicans What the scientists are telling us is opment of the implementation rule talk about it, and here is how often that robust and immediate action is book so consequential and President Democrats do. We should probably do necessary to prevent catastrophic Trump’s decision to abandon the Paris better. But, anyway, that is where we changes in the Earth’s climate— Agreement so antithetical to our own are. changes that have already begun to af- interests. If that doesn’t show the effect of the fect every single American. The current administration’s whole- industry squelching debate and driving There is a tendency to dismiss sci- sale rejection of meaningful engage- Republicans into alignment with their entific reports as abstract, as hard to ment with the global community is dis- industry welfare, then I don’t know understand. The President seems to turbingly naive and is bound to result what could express that much more simply not believe them. So let me in repeating past mistakes with detri- clearly. speak plainly: The consequences of cli- mental outcomes. So I wanted to show that, and this is mate change are anything but ab- China is emboldened by President unlikely to change as long as millions stract—regional food and water short- Trump’s plan to abandon the Paris of fossil fuel industry dollars slosh ages, inundation of island nations and Agreement. China effectively slowed around Washington, protecting this coastal communities that are home to progress at COP23 and will continue its corrupting industry from having to ac- billions of people around the world, efforts. In the leadership vacuum that count, as economics would suggest, for mass migration, and refugee crises. President Trump has created, China is the actual economic cost of its pollu- Our own National Climate Assess- stepping in to write the rules. It is completely absurd to assume tion. ment makes clear that the United that the United States, by withdrawing America is called the indispensable States—with all our wealth and good from the Paris Agreement, is somehow Nation, and American leadership is in- fortune—is far from immune from the immune to the global economic impli- dispensable if we are to achieve a glob- effects of climate change. If we fail to cations of climate change. confront this challenge, the United al response to this global challenge. The President couched his decision to But American leadership is sorely States will experience effects that will abdicate American leadership regard- lacking because the dark money and cost American lives and billions in ing the Paris Agreement as putting sleazy operatives of the fossil fuel in- losses to our national economy. ‘‘America first’’ in a June 2017 an- While we shouldn’t point to any sin- dustry today control the Trump admin- nouncement riddled with inaccurate gle event as evidence, the changes in istration and swaths of the Republican characterizations of the Paris Agree- trends depicting climate change’s Party. ment and alternative facts on climate There used to be a guy in this body harsh reality are undeniable. It is a change. who said ‘‘Country First.’’ We could fact that the average global tempera- There is no truthful, factual, or re- use a little of that now in this tragic, ture on Earth has increased by about ality-based argument to justify how al- climate-denying Trump sleaze-fest. 0.8 degrees Celsius—1.4 degrees Fahr- lowing every country in the world ex- I yield the floor, and per the previous enheit—since 1880, and two-thirds of cept the United States to build the order I think Senator MENENDEZ is the warming has occurred since 1975. It clean energy economy of the future and here, to be recognized momentarily. I is a fact that the frequency and inten- confront our most pressing global chal- saw him come to the floor a moment sity of extreme weather events in lenge puts America first. ago. many regions of the United States are Continued U.S. leadership and cli- The PRESIDING OFFICER. The Sen- increasing, including conditions that mate diplomacy can only yield eco- ator from New Jersey. heighten wildfire risks. It is a fact that nomic benefits for U.S. workers. More Mr. MENENDEZ. Mr. President, I sea level has been rising over the past than 900 U.S. businesses support keep- rise today to discuss—and I appreciate century, and the rate has increased in ing the United States in the Paris the distinguished Senator from Rhode recent decades. In 2017, global mean sea Agreement, including more than 20 Island and the work he has done on this level was 3 inches above the 1993 aver- Fortune 500 companies. critical question of climate change. I age—the highest annual average in the Acting to prevent the worst effects of am pleased to join him today on the satellite record. None of these facts are climate change holds tremendous eco- floor in pursuit of what he has been new. None of these fact are deniable. nomic and job-growth opportunities for doing. The science predicted these climate New Jersey and our Nation. I am proud I rise today to discuss the negotia- change effects 20, even 30 years ago. to say that New Jersey is a national tions taking place in Katowice, Poland, To echo a common sentiment among leader in deploying clean energy tech- to finalize the rule book on imple- climate change leaders on the urgency nologies, creating clean energy jobs, menting the Paris climate change of the situation, ‘‘We are the first gen- and planning and investing in climate agreement. There is an immediate ur- erations to experience the effects of change resilience. gency for global action to reduce climate change and the last that can New Jersey is home to 417 solar en- greenhouse gas pollution as emissions act to prevent the worst.’’ ergy manufacturing and installation continue to increase. The longer it This urgency is fueling the negotia- companies employing more than 7,000 takes for us to fully accept and ac- tions in Poland this week. Delibera- workers. knowledge the problem, the more ag- tions on the various elements of these New Jersey is also competing hard to gressive the world will have to be to rules began shortly after the Paris become the first Mid-Atlantic State to avoid the worst effects of climate Agreement’s entry into force in No- produce offshore wind energy, sup- change from becoming a reality. vember 2016, and the agreement re- ported by the recent enactment of leg- For decades, the science has yielded quires that the rules be completed this islation establishing a 3,500-megawatt increasing causes for concern. Today, year, making the COP in Katowice the production goal for offshore wind en- the connection between manmade most consequential conference of par- ergy. greenhouse gas emissions—primarily ties since COP21 in Paris. New Jersey has also recently in- fossil fuel combustion—and climate The Paris Agreement establishes creased its renewable energy standards change is undeniable. Three major re- firm, albeit nonbinding, global emis- to 50 percent by 2030 and set a new ports on the growing climate crisis sions reduction goals—reductions suffi- State carbon emissions reduction goal have been published in the last 30 days cient to prevent a 2 degrees Celsius in- of 80 percent by 2050.

VerDate Sep 11 2014 03:25 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.055 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7421 New Jersey’s leadership among the Never mind how insulting and tone- ing, there will be someone in Congress States working to combat climate deaf it is to sponsor an event to pro- to do their bidding. change is rooted in our vulnerability to mote dirty, coal-powered energy at a At a time when Americans want the effects of climate change. The fact climate change conference while coun- transparency from their government, is, if we continue on our current emis- tries like the Marshall Islands, the this rule would allow special interests sions trajectory, the world could see Maldives, Mongolia, and Mozambique, to hide their donors from the IRS. global average temperature increase by which face existential crises from cli- It has been 8 years since the Supreme 3 degrees Celsius. This would devastate mate change, look on—even more than Court’s Citizens United decision—a de- New Jersey, risking $800 billion in that, this public forum flaunts the ad- cision that gave corporations the right coastal property value, along with the ministration’s wholesale sellout to the to spend unlimited, unchecked, and, health, security, and livelihood of mil- industries the government is tasked more often than not, undisclosed lions of residents. The potential losses with regulating. It also shows us this money on our elections. For 8 long from sea level rise and increased inten- administration’s contempt for the years, more and more money has sity and frequency of extreme weather booming renewable energy sector in flowed from corporate coffers into cam- associated with climate change would the United States, which, according to paign ads and political expenditures, cost my State’s economy billions in Trump’s own Department of Energy, and Republicans have defended the economic losses. employs more Americans than the U.S. dark money poisoning our politics Just yesterday, the Star-Ledger—a fossil fuel industries by a 5-to-1 reality. every step of the way. statewide paper—published a column All told, nearly 1 million Americans Let me demonstrate the sheer mag- by Robert Kopp, the director of the work in the energy efficiency, solar, nitude of the dark money that has been Rutgers Institute of Earth, Ocean, and wind, and alternative vehicles sectors. pumped into our recent elections. In Atmospheric Sciences, highlighting That equals nearly five times the num- 2016, outside groups spent more than many of these consequences, as out- ber of workers employed in the fossil $1.4 billion, much of it funneled lined by the recent National Climate fuel electric industry, which includes through trade associations and non- Assessment. coal, gas, and oil workers. profits. In 2018, outside groups spent Our winters have been warming fast- As the ranking member on the Sen- more than $1.3 billion. er than our summers. Pests like pine ate Foreign Relations Committee, I be- These funds were not spent by the beetle and ash borer are no longer kept lieve that climate diplomacy must be a candidates’ campaign committees but in check by winter freezes. Perhaps priority for U.S. foreign policy. Cli- by groups that did not have to reveal even more alarming, we have seen our mate change poses an imminent and their donors and disclose them to the crops begin to bud earlier and earlier, long-term threat not just to U.S. na- public. only to see them decimated by cold tional security but also to the long- Spending by independent, outside snaps later in the season. In the Garden term prosperity of this country and of groups reached an alltime high of $49 State—famous for our tomatoes, cran- our world. Addressing the crisis re- million in this year’s congressional berry bogs, blueberries, and other spe- quires collective action and coopera- elections in my home State of New Jer- cialty crops—that is a big deal. tion by local and national representa- sey. State and county parties spent As temperatures rise, we also expect tives, small and large businesses, and about $8.1 million. In other words, out- to see a surge in heat-related deaths every one of us. side groups this year outspent formal and illnesses due to allergies and asth- If the United States is to maintain parties by over 600 percent. ma, while disease-carrying bugs like our status as the world’s superpower, it All of this secret cash and dark mosquitos and ticks thrive in increased is in our best interest to lead the glob- money undermines the ability of the seasonal moisture. al cooperative effort to address the se- American people to hold their govern- Our fisheries—the life blood of so rious challenges posed by climate ment accountable. Yet, for the Presi- many of our coastal communities— change and to promote stability and dent and some of my Republican col- have already begun to see how chang- resilience by helping developing coun- leagues, that is not enough. ing water temperatures are changing tries reduce their vulnerability to the Ask yourself: Under these rules, what migrations, making it harder for us to effects of climate change. If we stand is to prevent anonymous foreign cor- manage historic fisheries and harder alone on the sidelines as these changes porate donors that have unlimited for our fishermen to earn a living. and international economics take amounts of cash to influence the Amer- Of course, perhaps the clearest threat shape, we will ultimately be the loser. ican political system and help elect to New Jersey from climate change I urge my colleagues to join me in candidates who benefit them and then comes in the form of coastal flooding calling on the administration to ad- exert influence over those candidates from sea level rise and extreme weath- vance continuing U.S. climate diplo- once elected? er events. We saw it with Superstorm macy and reconsider the decision to It is no wonder this administration Sandy, and we understand the dev- withdraw. It is essential to U.S. na- would want to make it harder for the astating consequences it can have for tional security interests, as defined by American people to know who is behind our families, our communities, and our our own Department of Defense, and donations to tax-exempt organizations. infrastructure. growing U.S. economic opportunity. It is the wrong direction and is a dan- There is no convincing me that ig- CONGRESSIONAL REVIEW ACT gerous one. noring climate change and walking Mr. President, I want to take one As we now know, the President bene- away from the world’s only mechanism moment to speak to a different topic, fited from this dark money, particu- for holding countries like , China, which is to support the Tester-Wyden larly money that came from the NRA. and Russia accountable for their emis- Congressional Review Act. What is baffling, however, is that the sions puts New Jersey first. This is an administration cloaked in administration would make it easier The Trump administration’s failure secrecy and deception. It is an adminis- for hidden money to flow through these to recognize this potential and its re- tration that doesn’t want the Amer- organizations when we know that the fusal to recognize the growing market ican people to know what it is doing. Russian Government and its agents demand for clean energy is a stunning So it is no surprise that in July, the have used them as a conduit to try to example of the transactional relation- Treasury Department issued their dark influence our political system. ship this President has with the fossil money rule. They don’t want the The recent indictment and guilty fuel industry. He is putting wealthy, American people to know that behind plea of Maria Butina shows this is not politically connected corporations every bill, amendment, and Executive fantasy but reality. The Butina case ahead of the best interests of the order is a big-money special interest. came about because she was discovered American people. Proof of the adminis- They want to make it easier for big to be an unregistered foreign agent. tration’s political favoritism for fossil corporations, billionaires, and even il- Yet she may just be the tip of the ice- fuels is exemplified by the only U.S. legal foreign money to influence our berg when it comes to Russians who Government-sponsored event at COP24 elections. These special interests know are trying to pass money into our elec- in Poland, titled ‘‘The Future of Coal.’’ that so long as the money keeps flow- toral system.

VerDate Sep 11 2014 04:01 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.057 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7422 CONGRESSIONAL RECORD — SENATE December 11, 2018 Under this administration’s rule, un- in quotation—that were put in place by before this accident. The man that covering those efforts will be made my Governor. killed him was driving the wrong way harder, not easier. That is why, tomor- Louisiana, about 14 months ago, on Highway 90 near New Iberia and row, I will be urging the FBI and the started letting prisoners out of our crashed into my son head-on. His blood FEC to investigate whether other cov- prisons. The overall goal of the Gov- alcohol level was .16, which is twice the ert Russian sources may be behind po- ernor was to save money. So far, I State’s legal limit. litical contributions the NRA made think he has let out about 2,000 pris- He was sent to jail with a sentence of during the 2018 electoral cycle to any oners. Now, the inmates he let out 15 years, but this person that killed my House or Senate candidate. We need to were not vetted. They weren’t vetted son served only 18 months in jail. know who is contributing millions of by the probation boards, they weren’t Mr. Prince, the father, goes on: There dollars to influence the political sys- vetted by the parole boards to see if is a State law which States that any- tem right now. they were a threat to public safety. one convicted of a DUI with vehicular In our democracy, the size of your These prisoners he let go weren’t homicide, with a blood alcohol level of wallet should not determine the power paired with programs to reduce recidi- .15 or greater, has to serve a minimum of your voice. I urge my colleagues to vism. He just let them go. He did it of 5 years without the benefit of early listen to the American people, who under a statute he named and called release. This was not taken into ac- have been loud and clear that they the Justice Reinvestment Act. It cer- count for this criminal. My son was a want disclosure, that they want to re- tainly wasn’t any reinvestment in jus- good kid. He had a bright future. He duce special interest influence in our tice for the victims. wanted to follow in my footsteps and politics, and that they want this gov- His law is failing the law-abiding become a machinist. I feel that my ernment to work for them. public in my State. So far, 22 percent family deserves better than this. I I yield the floor. of inmates have been rearrested. Now, want you to know that when I say my The PRESIDING OFFICER. The Sen- that is over 14 months—a very short prayers at night, I pray for a better ator from Alaska. period of time. The Governor and his Louisiana. (The remarks of Ms. MURKOWSKI per- Department of Corrections said: Well, taining to the introduction of S. 3739 we are only going to release nonviolent Mr. Prince, I want you to know how and S. 3740 are printed in today’s criminals. Well, somebody forgot to sorry I am for you and your family’s loss. While the State of Louisiana RECORD under ‘‘Statements on Intro- tell the criminals they were non- duced Bills and Joint Resolutions.’’) violent. might consider this a nonviolent crime, Ms. MURKOWSKI. With that, I yield In the 23rd Judicial District Court in your family paid a horrific price for the floor. Louisiana, which encompasses small this man’s behavior. I can’t imagine I suggest the absence of a quorum. towns and three parishes, one in three anything worse than a man or a woman The PRESIDING OFFICER (Mr. inmates that the Louisiana State gov- having to bury his or her son, espe- DAINES). The clerk will call the roll. ernment let go has been rearrested. cially a teenager. For your son’s killer The senior assistant legislative clerk That is higher than the 22 percent I to be out on the streets after 18 months proceeded to call the roll. just quoted. That is a recidivism rate is more than just salt in the wound. It Mr. KENNEDY. Mr. President, I ask of 33 percent in a little over a year. is a miscarriage of justice, and it is unanimous consent that the order for I have talked to Louisiana’s law en- precisely what happens when policies the quorum call be rescinded. forcement officers and prosecutors. like criminal release programs are pur- The PRESIDING OFFICER. Without They don’t support what the Edwards sued without considering the victims objection, it is so ordered. administration has done. Now, they are or their families. It is not justice. CRIMINAL JUSTICE REFORM scared to say anything because the I believe in justice. I think most Mr. KENNEDY. Mr. President, I have Governor controls a lot of their budg- Americans do. What is justice? We talk the honor of representing Louisiana in ets and their money, but if you ask 9 about it a lot. I agree with what C.S. the U.S. Senate, and it gives me no out of 10 law enforcement officials in Lewis said: Justice is when someone pleasure to say that in Louisiana we my State privately if they support it, gets what they deserve. have a crime problem. they will tell you no, and the 10th is I am not saying that deterrence and In Louisiana and, frankly, in other probably lying. rehabilitation are not important in a parts of America, I regret to say, The head of the District Attorneys prison system. They are. They have criminals are turning neighborhoods Association, in fact, has publicly said nothing to do with justice. They have into war zones and small towns into that Louisiana’s streets are not safer to do with the effectiveness of your drug dens and, in the process, families because of this so-called criminal jus- prison system. are being destroyed. tice reform. He also noted that simply C.S. Lewis said: Justice is when peo- Now, some people make a youthful reducing prison population is not a ple get what they deserve. mistake, and they could benefit from a measure of success. He is a wise man. Justice is when the people of , second chance. I think most Americans Louisiana State government now for example, get to worship the Dalai agree with that, but other people never seems to care more about criminals because they deserve religious change. I don’t know why it is. If I than it cares about those criminals’ freedom. make it to Heaven, I am going to ask, victims. In fact, I have never heard my but there are some people out there, Governor talk about victims at all. It Justice is when a rapist is sent to they are not mixed up, they are not is always criminals. prison and stays there for a time com- confused, they are not sick, it is not a I recently received a letter. We all mensurate with his crime. That is jus- question of whether their mama or get letters from constituents, but this tice. He is getting what he deserves. daddy loved them enough—they are one really—this one really shook me C.S. Lewis didn’t just say that. Im- just bad. Unfortunately, they are just up. I received a letter from a con- manuel Kant said that. He said our bad. stituent in South Louisiana about penal laws are a moral imperative. He For that reason, I think we all recog- what this failed experiment of criminal didn’t say rehabilitation is unimpor- nize that prisons are a necessary fix- release in Louisiana has cost his fam- tant. He didn’t say deterrence is unim- ture that make our communities safer. ily. His words—this gentleman’s portant, because they are both impor- As we prepare to hear a bill or bills words—have been weighing on my tant. They just have nothing to do with on changes to sentences for Federal heart and on my mind since I read justice. Hegel said the same thing, and prisoners, I wanted to share with the them, and I would like to read a bit St. Augustine said the same thing—all Senate a cautionary tale from my from that letter now. of the great thinkers in history—that home State of Louisiana. I am quoting: My name is Gary justice is when you get what you de- People in my State are being killed, Prince, and my youngest son Jordan serve. and people in my State are being hurt was killed by a drunk driver in May of It doesn’t have anything to do with because of these so-called ‘‘criminal 2015. He was only 18 years old, and he the cost of government. It doesn’t have justice reforms’’—I put that expression had just graduated high school 12 days anything to do with deterrence. It

VerDate Sep 11 2014 04:01 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.058 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7423 doesn’t have anything to do with reha- the families back home to pay for these fall behind because of forces beyond bilitation. Those are all important fac- criminal release programs. In my your control. tors, but this has nothing to do with State, innocent people are scared, and Today, farmers and ranchers in this justice. rightfully so, that they might become country are facing tremendous uncer- A criminal release program gone victims of violent crime. We are reneg- tainty. They have persistent drought, wrong has had other effects in Lou- ing on the justice we promised the vic- which is growing worse due to climate isiana, too. It frees people like Tyrone tims like Mr. Prince, who lost a child. change and threats of wildfire. They ‘‘Smokey’’ White. Let me tell you Do you want to put a price tag on jus- have low commodity prices and chal- about Mr. White. Our Governor let him tice? Have at it. I don’t. lenges with finding people who can go. He is a career criminal. He repaid In Louisiana, we also failed the work, because of our immigration de- the State promptly by robbing two Joses’ three children. They don’t have bate here in Washington, and to find roofers at gunpoint. Somebody forgot parents anymore. Mr. Dwayne Watkins the seasonal labor they need. Dairies to tell Smokey that he was supposed to took care of that. He should have been are struggling to hire the workers they be nonviolent, too. Less than a week in jail serving his time. That is justice. need. later, Mr. White was released under Louisiana’s failed experience has cost Now, on top of all of that, they have Louisiana’s criminal release program, law-abiding folks dearly in every cor- the confusion of the existing trade poli- despite having more than 60 arrests on ner of my State. cies of the United States. Two weeks his record. I just want to implore my colleagues ago, the USDA announced that farm A criminal release program gone in the Senate to please think about incomes are projected to drop 12 per- wrong looks like a convicted felon more than just the criminals. Think cent this year. When you add it all up— named Richard McLendon who, upon about more than just the money. the uncertainty, the policy, the poli- being granted early release, illegally Think about the lives of the victims tics—farm income is going to be down gets himself a gun and uses it to fa- and their families, as well, because 12 percent this year. All of this acts tally shoot another man in Bossier they are supposed to count too. like a weight on our farmers and Parish. He then leaves his victim to die The PRESIDING OFFICER. The Sen- ranchers, making it even harder for like roadkill on the side of the road ator from . them to pass on the legacy of their with multiple gunshot wounds. H.R. 2 work to the next generation. A criminal release program gone Mr. BENNET. Mr. President, a few Earlier this year, our Agriculture wrong in Louisiana, anyway, looks like months ago, I had a chance to go up to Commissioner in Colorado, Don Brown, a Dwayne Watkins. He is a pedophile. the Colorado-Wyoming border to spend who is himself one of the most success- He had more than 21 arrests for child a night at the Ladder Ranch. It is a ful farmers in our State, said: ‘‘You’re abuse and other assorted crimes on his beautiful property—that is an under- only 22 once.’’ By that he meant that record. He got to walk out of jail statement—situated in the Little there is an entire generation out there early—not just once but two times. Snake River Valley. If you were design- deciding whether or not to pursue a ca- Watkins earned 10 years for illegally ing a postcard for the American West, reer on the family farm or ranch, and possessing a gun as a felon, and he got you would struggle to do better than they are looking at all of this uncer- out early, and he promptly sexually this place. tainty, and a lot of them are deciding abused two young girls. He earned 3 The ranch is owned by Pat and Shar- that it is not worth it. That is why the more years in jail, and then, thanks to on O’Toole. It has been in the family average age of farmers is what it is in Louisiana State government and the for six generations, dating all the way the United States. Edwards administration, he got out back to 1881. To give you some sense of We owe it to our farmers and ranch- early again. Give me a break. how long that is, at the time, the State ers to provide consistency where we In October, less than 2 months after of Colorado was just 5 years old, and can and to help to preserve the legacy his early release, he approached Kelly the Ottoman Empire was still around. of American agriculture for years to and Heather Jose at a shopping mall in Our world has been transformed since come. Caddo Parish. When he asked to borrow then, but the Ladder Ranch has en- By passing the 2018 farm bill, that is their phone to call a cab, the couple of- dured through the Depression, the Dust exactly what we have done. This bill fered him a ride. In Louisiana, we help Bowl, the two World Wars, and the means more certainty for America’s each other. Well, Mr. Dwayne Watkins transformation of our economy. producers in this volatile environment. decided to repay their generosity by Of course, none of that happened just This bill maintains crop insurance, and kidnapping them, shooting them, and by chance. It happened because the it makes risk management tools more burning them to death in their own car family looked ahead and made hard effective. Most important to Colorado, so badly that their bodies couldn’t even choices to deliver that ranch from gen- this bill helps our farmers and ranchers be recognized. He is now awaiting trial eration to generation. Pat and Sharon to diversify their operations for the for murder. are continuing that legacy today, and first time in 50 years. Kelly Jose, one of the victims, was an they are joined on the ranch by their This bill fully legalizes hemp. The Air Force Reservist—God rest his daughters, and their son, and a whole majority leader was out here earlier. I soul—in Barksdale Air Force Base. He bunch of grandkids. want to congratulate him on his work enlisted in the Air Force in 1998. I am sharing the story of the Ladder to do that. In Colorado, our hemp Heather Jose, the other victim, was a Ranch because in many ways, it is the growers have operated under a cloud of small business owner. She loved work- story of farmers and ranchers across uncertainty for years. Our farmers ing in the ministry of a church. They my State and across the country—of worry about maintaining access to were good people. They were just try- people applying their ingenuity and their water. They couldn’t buy crop in- ing to do a good deed. This was a sense- common sense to hand more oppor- surance or transport seeds. Some ran less tragedy, and it did not have to tunity to the next generation. into redtape opening a bank account or happen. One of the privileges of representing even applying for Federal grants. Just this weekend, our sheriff from a State like Colorado is that I have had Despite these challenges, hemp cul- Caddo Parish rightly asked a question. the opportunity to learn about places tivation in my State grew sixfold over He said: Why is Dwayne Watkins out of like the Ladder Ranch and the legacy the last 4 years. Again, it is interesting prison after violating his parole and of every one of our farms and ranches that the majority leader has wanted sexually abusing two young girls? And represent. this, as well, because the climate in many of us are asking that same ques- When I joined the Senate Ag Com- Kentucky and the climate in Colorado tion in Louisiana right now. But the mittee, the truth is that I had no idea have almost nothing in common. But answer is very simple—the Edwards ad- how hard it can be for our farmers and hemp grows in Kentucky, and it grows ministration’s failed criminal release ranchers. Like many people, I had very in Colorado. program. little appreciation of where our food We see hemp as an opportunity to di- I want to take a moment and con- comes from. If you are in agriculture, versify our farmers who manufacture sider what price we might be asking you can do everything right and still high-margin products for the American

VerDate Sep 11 2014 04:01 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.061 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7424 CONGRESSIONAL RECORD — SENATE December 11, 2018 people. Now, Coloradans will be able to BLUE WATER NAVY VIETNAM VETERANS ACT Then he did something truly aston- grow and manufacture hemp without a Mr. President, I want to take a few ishing: He walked away from politics. cloud of uncertainty hanging over minutes to call on the Senate to pass For 10 years, he practiced law and ran them. the Blue Water Navy Vietnam Vet- a small stamp-and-ink business. This bill also helps farmers and erans Act. In 2003, local party officials asked ranchers hand more opportunities to The bill extends critical VA benefits him to run for Congress. They didn’t the next generation. It increases fund- to veterans who were exposed to toxic expect him to win—just be a respect- ing for conservation easements and chemicals while they served in the able sacrificial lamb. makes it easier for people to secure waters off Vietnam. He came closer to winning than any- them. There is no reason the Senate one but he expected. It invests in America’s farm economy shouldn’t pass this. Our country al- Two years later, he was elected, in a to drive innovation in agriculture and ready provides these benefits to vet- rematch, to the U.S. House. to keep up our competitiveness in the erans who served on land, and it is well As someone who also ran and lost 21st century. It doubles funding to help past time we extended care to those three times before winning an election, communities in places like my State to who served at sea. I feel a natural camaraderie with my deal with forest health, and it protects This bill is the result of a lot of good friend from Indiana. our watersheds better. bipartisan work in the Senate, and the I think I may also have some insight Working with the Presiding Officer, House has already passed it. To get into why he was willing to try one we increased funding for wildlife habi- this across the finish line, we should more time. tat and provided more opportunities look to the example our veterans set You see, JOE DONNELLY grew up in for hunting and fishing on private for how to come together and fight New York. He moved to South Bend for lands. until the job is done. college, and he is a Hoosier, through- We worked with Senator BOOZMAN of In Colorado, the United Veterans and-through, but he is also a member Arkansas to give rural communities Committee has advocated strongly for of the great White Sox Nation. new ways to improve housing and in- this bill, and veterans from across our In 2005, the White Sox won frastructure. State have spoken out on behalf of the World Series for the first time in 88 The bill also provides new resources their colleague veterans who deserve years—proof, some would say, that to help farmers and ranchers adapt to justice with the passage of this bill. anything is possible if you persevere major challenges like climate change. Their example reminds us that there is and work hard. For example, it creates tools for farm- no obstacle we cannot overcome to pro- The next year, it was JOE DONNELLY’s ers and ranchers to sequester carbon, vide every veteran who has served in turn to score the upset victory by win- improve soil health, and become more the United States of America with the ning election to Congress from a red resilient to drought. greatest healthcare in the world as a We increased resources in this bill for district in a deep-red State. reflection of their service. In this mo- renewable energy and energy efficiency In his 6 years in the House, he voted ment, we should rededicate ourselves for rural businesses. to create the Affordable Care Act. All in all, this 2018 farm bill is an ex- to that goal by passing this significant During the financial crisis of 2009, he cellent piece of legislation, and a lot of bill. voted for the American Recovery Act, Let me end by thanking Senator credit lies in the approach we took on to stop America’s slide into a second GILLIBRAND and the Presiding Officer the Agriculture Committee. It should great depression that could have for their leadership, along with Chair- be like this for all of our committees. brought down the entire global econ- It is a committee on which we don’t man ISAKSON and Ranking Member omy. have partisan differences. If we have TESTER for getting it to this point. When free market hardliners said, We need to pass this bill in the Sen- differences, we have regional dif- ‘‘Save Wall Street but let the Amer- ate before we go home. It is the right ferences, and we work them out. That ican auto industry die,’’ Barack Obama thing to do. is why that committee, which I am said no—and so did JOE. I yield the floor. proud to serve on, is one of the only In November 2012, Hoosier voters sent I suggest the absence of a quorum. JOE DONNELLY to the U.S. Senate, the functioning committees in the Senate. The PRESIDING OFFICER. The We passed a 5-year farm bill the last first Democrat to hold his seat since clerk will call the roll. 1977. time there was a farm bill, not a 6- The legislative clerk proceeded to In a political era that often seems month one, not a 6-day one, but a 5- call the roll. often to reward snark over substance, year farm bill. This is another one be- Mr. PERDUE. Mr. President, I ask JOE DONNELLY is a soft-spoken throw- cause Republicans and Democrats both unanimous consent that the order for back to an earlier era, when working know we have to support our farmers the quorum call be rescinded. and ranchers, not create even more un- The PRESIDING OFFICER. Without across the aisle was viewed as a talent, certainty for them. objection, it is so ordered. not as treason. The other privilege of being on that JOE is decent, honest, and direct. You f committee is that I spend a lot of time may disagree with him on an issue, but in my State in counties where it is un- MORNING BUSINESS you will never doubt his motives. likely that I am ever going to win 10 or Mr. PERDUE. Mr. President, I ask His values are classic Hoosier: hard 20 percent of the vote, but I keep going unanimous consent that the Senate be work, common sense, bipartisan com- back and back, not because I think I in a period of morning business, with promise, and a disdain for will win but because I think, as a coun- Senators permitted to speak therein grandstanding. try, we have to find a way to bring our- for up to 10 minutes each. As a Senator, he has done what he be- selves together and solve problems. The PRESIDING OFFICER. Without lieves is needed to level the playing Our farmers and ranchers are a model objection, it is so ordered. field for ‘‘regular Joes,’’ for farmers for that. They are applying their inge- f and factory workers and, as he says, nuity to things like climate and ‘‘the people who go to work in the dark drought every single day. They don’t TRIBUTE TO JOE DONNELLY and come home in the dark.’’ have the luxury—and I would say we Mr. DURBIN. Mr. President, I want I particularly want to thank him for don’t have the luxury—of pretending to join my colleagues in thanking our his work to improve mental health that politics is the only thing that friend, Senator JOE DONNELLY, for his care for military members and vet- matters. They are focused on deliv- service to his State and our Nation. erans. That work will save lives and ering their farms or ranches to the When he was about 30 years old, families. next generations and handing more op- while he was practicing law in South Like all nations, the White Sox Na- portunity, not less, to them. That is all Bend, JOE DONNELLY sought the Demo- tion has some laws. One of my favor- that matters, and that is the ethic we cratic nomination for attorney general ites is: ‘‘Respect the past . . . people should be applying to our national poli- in Indiana. Two years later, he ran for that are shoeless . . . and anyone tics. State senate. Both times, he lost. named Joe.’’

VerDate Sep 11 2014 04:01 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.062 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7425 That last edict is a reference to one We are proud that our trauma bill This farm bill makes continued im- of the legends of White Sox history, was included in the new law to combat provements to the Margin Protection Shoeless Joe Jackson, but it applies the opioid epidemic. It will save lives. Program, MPP, after the enhance- equally to our friend and colleague, HEIDI has said that her proudest ments to the program that I led in Feb- Senator JOE DONNELLY, who has served achievement as a U.S. Senator was ruary of this year. The newly named his State and our Nation well and when she was able to help a Korean war Dairy Margin Coverage program brings earned our great respect. veteran receive the Purple Heart and the margin level up to $9.50, lowers pre- f other medals. mium costs for a farm’s first 5 million The man, Corporal Andy Shaw, was a pounds of milk, and allows overlap of TRIBUTE TO HEIDI HEITKAMP Native American elder who had served this program and other Department of Mr. DURBIN. Mr. President, I join in World War II, was wounded in a gun- Agriculture supported insurance pro- my colleagues in thanking Senator fight in South Korea at the start of grams. This bill will also help farmers HEIDI HEITKAMP for her service to her that conflict, and spent nearly the en- initially blocked by USDA from enroll- State and our Nation. tire Korean war as a POW, but never ing in MPP due their participation in I remember one of the first conversa- received the thanks or medals he the Livestock Gross Margin Insurance tions Senator HEITKAMP and I had after should have. for Dairy. They can now retroactively she joined the Senate. I told her: ‘‘I After 60 years, HEIDI HEITKAMP was sign up for the improved margin pro- would really like your support on a bill able to right that wrong. tection program and access the critical to help the kinds of mom-and-pop She and her staff tracked down the benefits they missed out on this spring. stores that are the heart of so many facts needed to document Corporal A new program to incentivize milk do- small towns in your state and mine.’’ Shaw’s heroism and sacrifice, and she nation is also included in this bill and I was about to give her my ‘‘elevator travelled to the Spirit Lake Sioux Res- will allow processors and producers to pitch’’ on the Marketplace Fairness ervation in North Dakota to present partner with charitable organizations Act. It wasn’t necessary. Corporal Shaw’s medals to him person- to donate milk and reduce the waste of HEIDI said: ‘‘Uhm, DICK, you know ally. milk dumping. the 1992 U.S. Supreme Court decision Andy Shaw has a little trouble stand- As the father of the organic farm bill, that makes the Marketplace Fairness ing now, but he stood proud and I am pleased that the 2018 farm bill in- straight as his Senator presented his Act necessary. I’m the petitioner in the creases the funding for the Organic Ag- Purple Heart. case. ‘Quill v. North Dakota?’ That’s riculture Research and Extension Ini- HEIDI cried because she knew how me. I was the North Dakota tax com- tiative and guarantees $50 million a much he had sacrificed for that medal missioner who started that lawsuit.’’ year in mandatory funding by fiscal and what it meant to him. As I was quick to learn, helping Main year 2023. This will ensure baseline That is who HEIDI HEITKAMP is: a Street, mom-and-pop stores stay in woman who uses her power to help the funding for future farm bill debates and business in the age of Amazon is just underdog. further protect this critical investment one of many causes that HEIDI I wish she were not leaving so soon. in our local and organic food system. I HEITKAMP had been working on, tena- She has been a force for progress, a must add though that I am concerned ciously, for years before she was elect- friend, and a leader for whom I have by one aspect of this bill that I felt was ed to this Senate. great respect. an unnecessary change to the Organic HEIDI HEITKAMP came to Washington I know that she has a lot of grit and Foods Production Act. From the begin- with a to-do list. She worked doggedly, determination still in her, and I look ning of the farm bill process, it was with Democrats and Republicans, to forward to seeing what her next chap- clear that some agricultural groups whittle down that list. ter will bring. and some Members of Congress did not It was clear from the day she arrived f fully comprehend the importance of here that she meant to use her new po- the National Organic Standards Board, sition as a U.S. Senator to right as H.R. 2 NOSB, and the role that it plays in many old wrongs and fix as many in- Mr. LEAHY. Mr. President, after maintaining the integrity of the or- tractable problems as she could. months of hard fought and oftentimes ganic seal. Since first authoring the She leaves knowing that she made a contentious negotiations, the Senate Organic Foods Production Act, I have difference in the lives of countless peo- passed the conference report on the long argued that the statute was work- ple, in North Dakota and far beyond. 2018 farm bill, titled the Agriculture ing well, and the many tweaks and ad- She has been a champion for Native Improvement Act of 2018, by a vote of justments Members sought could easily Americans, whose voices are so rarely 87 to 13. This conference bill tracks be addressed administratively. heard in the halls of power. closely with the bill passed by the Sen- As such, I was opposed to the statu- The first bill she sponsored in the ate earlier this year and embraces the tory changes sought by the House and Senate created a new and long overdue bipartisan tradition of the farm bill. Senate bills and am disappointed that Commission on Native Children, to try This is well-balanced legislation that two of the NOSB provisions related to to rectify the conditions that cause will provide much needed certainty to the redundant language on voting pro- one-in-three Native American and the country’s struggling farmers; cedures and those dictating the com- Alaska Native children to live in pov- maintain food security for millions of position of the board were included in erty, with suicide rates 2.5 times the American families; provide for cleaner the final farm bill. national average. waterways, better soils, protected open While I view the NOSB provisions in- Like so much of her work here, that space, healthier forests, and the preser- cluded in the final bill to be silent on was a bipartisan effort. Her partner in vation of family farms; will make our the 2013 sunset policy change, I remain that case was LISA MURKOWSKI. drinking water safer; and will give opposed its inclusion because I believe When the Violence Against Women rural America a much-needed economic it only causes confusion in the organic Act was reauthorized in 2013, it was boost. market and unnecessarily muddies the HEIDI HEITKAMP who pushed success- I thank Chairman ROBERTS and waters on an already contentious issue fully to close a loophole that allowed Ranking Member STABENOW and all of within the organic community. With non-Indians who commit sexual as- their staff, as well as my own staff, respect to the makeup of the board, the saults on Indian Reservations—very who have worked day and night on this current statute already included a often—to go unpunished. bipartisan effort. As I know from being carefully crafted balance of perspec- Her commitment to ‘‘make a better chairman of the committee during the tives and interests. I feel strongly that future’’ for Native children—and all 1990 farm bill, it is no easy task to bal- the voice of the independent organic children—is what motivated HEIDI to ance the needs of the various regions farmer must remain a prominent part become my partner on a bill to in- and commodities and the sometimes of the NOSB and should not be diluted crease and improve the treatment of conflicting priorities among Senators or drowned out as larger organic com- childhood trauma, the root of so much when we are working within a fixed panies seek a role on the board with suffering and violence. budget. their employees or representatives. I

VerDate Sep 11 2014 04:01 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.011 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7426 CONGRESSIONAL RECORD — SENATE December 11, 2018 feel very strongly that the two NOSB REAP, Zone is renewed to continue de- the juvenile justice system and sepa- handler seats versus the farmer slots veloping our rural economy and the rates young offenders from adult jails are a more appropriate avenue for such Northern Border Regional Commission, and prisons. It also reauthorizes fund- companies to be represented on the NBRC, is reauthorized and increased to ing for key juvenile justice programs. board. While I am disappointed that $33 million, with an additional $5 mil- Funding for these vital programs is this House provision was included in lion to build capacity in eligible coun- key to preventing youth from coming the final farm bill conference agree- ties. This bill also expands the eligible in contact with the juvenile justice ment, I will continue to support the territory for NBRC investment to all system and ensuring youth have the nomination of independent organic fourteen counties in . The opportunity to get the help they need farmers to the NOSB farmer seats and Commission will build upon the more to avoid repeating the cycle. Reducing the unique perspective they bring to than $10.5 million in matching funds recidivism is not just the moral thing the board. and $18 million in total economic de- to do; it saves future State and Federal Ranking Member STABENOW must be velopment and infrastructure projects dollars. applauded for the newly combined invested in Vermont since 2010. The bill The Grassley substitute amendment, Local Agriculture Market Program, reauthorizes the good work of State which passed the Senate this evening, LAMP, that also secures $50 million by Rural Development Councils through reauthorizes the Runaway and Home- 2023 and will allow the work of local 2023 and reestablishes the position of less Youth Act at a lower level than I food programs to continue bringing Under Secretary for Rural Develop- support, and a lower level than is sup- fresh, local, and nutritious food to the ment that had been eliminated, in the ported by the providers and advocates tables of Vermonters and Americans 2017 USDA reorganization. I am pleased in the field who know firsthand what everywhere. For Vermont farmers hop- that I was able to reach a compromise the actual needs are to help these ing to diversify and remain viable, this for a 10-year reauthorization of the Na- youths. It also fails to make important bill legalizes the growth and sale of tional Oilheat Research Alliance, programmatic improvements that Sen- hemp as an agricultural commodity NORA, a vital program that funds the ator COLLINS and I have been working and allows growers to be eligible for development of improved and efficient on for years. These improvements in- crop insurance. The compromise ad- oilheat technology to increase safety clude provisions to prevent and respond dresses concerns raised by criminal jus- and reduce consumer costs. to human trafficking—to which run- tice advocates regarding the hemp I would be here all night if I were to away and homeless youth are particu- farming ban of individuals with drug- talk about all of the wins for Vermont larly vulnerable—by requiring staff related felony convictions, and I am that were included in this farm bill, so training to identify when a child enter- glad Vermonters will more fully be I will close by saying that the 2018 ing their program has been a victim. able to take advantage of this durable farm bill should be viewed as a water- Training program staff to identify and profitable crop. shed moment in much needed biparti- young victims of trafficking helps en- The conference agreement continues sanship and compromise. It will help sure staff refers children and teenagers the proud tradition of providing nutri- millions of Americans, farmers, fami- to appropriate services and takes steps tional assistance to our fellow Ameri- lies, and children and will protect our to prevent their further trauma- cans with the Supplemental Nutrition natural resources, economic vitality, tization. These young people have ex- Assistance Program, or SNAP, and and public health. This is why we are perienced major, unimaginable trauma, wholeheartedly rejects the provisions here: to help people who need it, pro- and we need to make sure they receive included in the House bill that would tect our national security, and ensure the right counseling and treatment to have cut food access for millions of our planet is productive and clean for help them recover. Our reauthorization families. This bill continues our com- this generation and for generations to of the Runaway and Homeless Youth mitment to worldwide stability and come. This bill must pass the House of Act also includes important non- productivity with programs like Representatives and be signed by the discrimination language to ensure all McGovern-Dole, Food for Peace, the President to deliver real help to real youth who try to access programs can Global Crop Diversity Trust, as well as Americans everywhere. do so regardless of their faith, race, or valuable research to support farmers f sexual orientation. Unfortunately, here at home and around the world. these improvements will have to wait. When people here and abroad do not JUVENILE JUSTICE REFORM ACT While we have much to celebrate have to wonder where their next meal Mr. LEAHY. Mr. President, I have with the passage of the Juvenile Jus- may come from, children do better in long supported juvenile justice pro- tice Reform Act, I am disappointed school, workers are more productive, grams, and I have long supported run- that some Members on the other side of and our world is stronger. away and homeless youth programs. the aisle demanded the inclusion of an Our Nation’s conservation tradition During the 20 years I served as the top extension of the Runaway and Home- is reinforced in this bill, with signifi- Democrat on the Judiciary Committee less Youth Act and lowering its author- cant funding and necessary improve- and in my current role as the vice ization without the improvements con- ments to programs like the Agricul- chairman of the Appropriations Com- tained in my legislation with Senator tural Conservation Easement Program mittee, I have championed bipartisan COLLINS. The House passed and the conserving family farms, the Environ- reauthorizations and supported funding Democratic hotline cleared H.R. 6964, a mental Quality Incentives Program for these programs, overcoming the clean version of the juvenile justice fighting nitrogen and phosphorus run- House of Representatives, which zeroes Reform Act with no reference to the off, and the Conservation Reserve Pro- out juvenile justice programs in its ap- Runaway and Homeless Youth Act. Un- gram in which I was able to include a propriations bills year after year. fortunately, Senate Republicans on the fix allowing Vermonters to use the These programs make a real and last- Judiciary Committee refused to run Conservation Reserve Enhancement ing difference in the lives of the chil- the hotline on the Republican side. Program to further protect water qual- dren and teens they serve. The two pro- This in effect held hostage these im- ity where they were disqualified before. grams are funded separately in sepa- portant juvenile justice reforms to le- The worst of the House of Representa- rate appropriations subcommittees, verage authorization cuts to a com- tive’s forestry provisions were nego- and their reauthorizations have tradi- pletely unrelated program. tiated out of this bill to make sure we tionally moved separately. These two pieces of legislation have are protecting our forestland based on I am pleased the Senate today passed not moved in the same reauthorization the best available science and exper- the long-debated Juvenile Justice Re- bill in 30 years. They are funded tise. form Act. This legislation makes need- through different appropriations bills, This bipartisan farm bill provides ed, comprehensive, and long overdue administered by difference depart- critical economic development support updates to the Juvenile Justice and De- ments, and their authorizations serve to address the unique challenges and linquency Prevention Act. It mandates different purposes. Senator COLLINS needs faced by our rural communities. research to study, identify, and address and I have worked for years on a com- The Rural Economic Area Partnership, disproportionate minority contact in prehensive bipartisan reauthorization

VerDate Sep 11 2014 04:01 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.014 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7427 of the Runaway and Homeless Youth various ways, over persons who hope to A central tenet of Christianity is Act and expressed our concern with in- obtain a permit. born in the belief that Jesus is the cluding a lower reauthorization with In a 2015 white paper, the Chinese Light of the World. no improvements as part of Juvenile Government claimed that, under Chi- On December 25, we celebrate the Justice Reform. Unfortunately, mem- nese rule, ‘‘Tibet has been transformed light, the hope, and the joy our Lord bers on the other side were willing to from a poor and backward society to and Savior brings into the world. hold up passage of Juvenile Justice Re- one that is advanced in both economy Today, I come to the floor of the U.S. form for yet another Congress, over an and culture.’’ Setting aside that this Senate to pay tribute to a servant of unrelated program. statement would look perfectly at Christ who dedicated her life to bring In the interest of ensuring pro- home among the discredited justifica- light, hope, and joy to children and grammatic improvements and reau- tions for 19th century colonialism, if it families around the world. thorization of juvenile justice pro- were true, then one would expect China Her name is Becky Weichhand. grams, Senator COLLINS and I agreed to to welcome the world to witness its Becky blazed a trail of hope and love a 2-year reauthorization of Runaway rule in Tibet; yet in 2016, the Wash- to spread joy to children, especially and Homeless Youth programs at an 8- ington Post reported that Tibet ‘‘is those awaiting adoption. percent reduction from its last author- harder to visit as a journalist than To those who knew her best, Becky ized levels. Although I am disappointed North Korea.’’ International media was an unconditional prayer warrior, that Runaway and Homeless Youth cannot even enter Tibet except on in- who graciously shared love and loyalty programs are reauthorized even in the frequent, tightly controlled tours orga- to friends and strangers alike. short term without needed pro- nized by the Chinese Government. The By all accounts, Becky shared un- grammatic improvements, I look for- situation is much the same for U.S. common devotion in her advocacy for ward to working with members of the diplomats. children, especially those in our Na- House and Senate to pass a bipartisan, It is not just journalists and officials tion’s foster care system. Since 2014, Becky served as executive comprehensive Runaway and Homeless whose freedom of movement is re- director of the Congressional Coalition Youth reauthorization in the 116th stricted. Tibetan-Americans attempt- on Adoption Institute. Congress. ing to visit their homeland report un- Before that, she served as director of It is my understanding that the dergoing a discriminatory Chinese visa policy, where she shined light on the House Committee on Education and process, different from what is typi- needs of children here in the United Workforce will prioritize a comprehen- cally required for American citizens, States and abroad, including the sive reauthorization of Runaway and and often find their requests arbi- United Kingdom, Ethiopia, Guatemala, Homeless Youth next Congress, and I trarily denied. I have heard about this Cambodia, Vietnam, South Korea, and hope the Senate Judiciary Committee problem directly from my Tibetan- will do the same. If so, we have a Haiti. American constituents in Vermont. I Since first joining the corps of dedi- chance to make a real difference in the have spoken about it with the leader of cated professionals working to help the lives of some of the most vulnerable the Tibetan Government-in-exile. foster youth community, Becky had a children in our Nation. It is time we This issue has even touched a Ti- plan. seize it. betan-American member of my staff, She had a plan for kids who went to f Nima Binara. His 89-year-old grand- bed each night praying for a forever RECIPROCAL ACCESS TO TIBET mother, Kaedungkhangsar Yangchen home. ACT Dolkar, was a naturalized American She had a plan for young people who citizen who hoped to see her homeland were growing up without a mom or Mr. LEAHY. Mr. President, this and her relatives one last time before evening the Senate unanimously dad. she passed away, a visit the Chinese She had a plan to connect as many passed the Reciprocal Access to Tibet Government refused to grant. Denying Act of 2018. I was one of the earliest co- kids as possible with a forever family. a person’s right to visit their homeland Becky worked tirelessly to educate, sponsors of this bill, and I strongly is a petty display of authoritarian con- organize and advocate here on Capitol support it. For far too long, the Chi- trol and one that we should not tol- Hill and at the grassroots. nese Government has tightly restricted erate in the 21st century. She devoted her life and career to access to Tibet, preventing U.S. dip- I vividly remember visiting Tibet in making dreams come true for adoptive lomats and journalists from reporting 1988 and meeting its warmhearted peo- parents and their children. on the systematic human rights abuses ple, appreciating its profound culture, Among her priorities and achieve- and destruction of Tibetan culture per- and seeing its breathtaking landscape. ments, I know that Becky was com- petrated by the Chinese Government With this legislation, we are now a step mitted to growing the Foster Youth In- and arbitrarily preventing Tibetan- closer to the day when all American ternship Program that connects foster Americans from visiting their families. tourists, journalists, and diplomats can youth and congressional offices. Passing this legislation represents a make such a trip without undue re- The program provides opportunities strong, bipartisan step toward address- strictions. This legislation will also for foster youth to work on Capitol ing that decades-long injustice. I would make it more difficult for China to Hill. like to thank Senator RUBIO and Con- hide its atrocious human rights record Through this program, foster youth gressman MCGOVERN for their work on in Tibet behind a cloak of isolation. It collaborate and bring real-life perspec- this legislation over several years. will make it easier for Tibetans inside tive to the policymaking tables. The Chinese Government arbitrarily Tibet to interact with the outside I have been fortunate to have an in- requires a special permit for a foreign world and more likely for the world to tern through this program who worked diplomat, reporter, or tourist to visit realize that Tibetans are a distinct with my staff to help develop Federal Tibet, a requirement China does not people who deserve their right to self- child welfare reforms. impose for travel to any other provin- determination. They identified more effective ways cial-level jurisdiction, even Xinjiang. The House has already unanimously to serve foster kids, including those The Chinese Government frequently passed this bill. I urge the President to who age out of the system. denies requests for these permits to sign it into law without delay. Becky also worked to grow the An- Tibet. Even when it does grant per- gels in Adoption Program. mits, it generally requires foreigners to f It brings recognition to families who be accompanied at all times by a gov- go above and beyond the call to action ernment-designated guide. This arbi- REMEMBERING BECKY WEICHHAND in their local communities to open trary system not only makes it excep- Mr. GRASSLEY. Mr. President, dur- their hearts and homes to children tionally difficult to report on the situ- ing this season of Advent, millions of awaiting adoption. ation in Tibet, but it also gives the Americans join Christians around the Shining light on the good deeds and Chinese Government significant lever- world to celebrate the coming of Jesus unmet needs of others was her way of age, which it reportedly exploits in Christ. bringing light to the world.

VerDate Sep 11 2014 05:18 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.015 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7428 CONGRESSIONAL RECORD — SENATE December 11, 2018 As a founder and cochair of the Con- standing service to the Government Mr. Provencher’s remarkable ability gressional Caucus on Foster Youth, I Publishing Office, the Congress, and to foster collaboration has strength- would like to turn the spotlight on the American people. I greatly appre- ened partnerships internal and external Becky’s good works. ciate the sacrifice that Ms. Bolden has to DOE. He repeatedly demonstrated She was driven to find a forever fam- made over the past 13 years in assisting his ability to build coalitions through ily for every child. She was a problem the HELP Committee by applying her his interactions with the State of solver brimming with energy. Her ad- expertise in editing, printing, and me- Idaho and other elected officials re- vocacy led to important reforms. She morializing our important work. We garding the operation of the INL. With believed in miracles. She made every wish her and her family all the best in multiple Departmental organizations effort to work miracles for children her well-deserved retirement. present on the site, as well as many and families. We hope our colleagues will join us in strategic partners across the govern- Becky mentored foster youth and thanking Ms. Bolden for her service. ment, it is a testament to Rick’s lead- paved the way for kids to dream big. f ership that all the various business She gave them reason to hope that TRIBUTE TO RICHARD B. functions are seamlessly integrated to their dreams can come true. PROVENCHER support the INL’s missions. I extend my condolences to Becky’s Mr. Provencher’s performance has Mr. RISCH. Mr. President, along with family, friends, and loved ones. improved public trust and confidence my colleagues Senator MIKE CRAPO and At age 36, Becky lost a brave battle in the DOE’s mission work. He has Representative MIKE SIMPSON, today I to cancer. partnered with environmental cleanup recognize and congratulate Mr. Rich- Her legacy will live on and bring joy and laboratory participants in carrying ard B. Provencher on his upcoming re- to countless children and moms and the message of cleanup success, labora- tirement after more than 32 years of dads where it matters the most: in a tory growth, and contributions to the distinguished Federal service con- forever family united through the region which have improved public per- sisting of Active-Duty military service, blessing of adoption. ception of the INL and overall DOE service with the Nuclear Regulatory On Saturday, December 15, a celebra- mission work. tion of life will take place at the First Commission, NRC, and more than 29 years of service with the U.S. Depart- Through his years of dedicated serv- Church of God in Becky’s hometown of ice, Mr. Provencher exemplifies the St. Joseph, MI. ment of Energy, DOE. Mr. Provencher began his Federal ca- best qualities of Idaho. Senator CRAPO, On this day, her loved ones will cele- reer in 1986 as a health physicist for Representative SIMPSON, and I thank brate the light, joy, and hope she the NRC Headquarters Office of Nu- Rick for his service and wish him well brought to this world. clear Material Safety and Safeguards. in all of his future endeavors. May the blessings of God’s Heavenly Rick transferred to NRC Region 1 in embrace welcome Becky into her new King of Prussia, PA, where he was a f forever home for life everlasting. materials inspector. In 1990, he joined f the DOE as a health physicist and TRIBUTE TO JOHN OSCAR TRIBUTE TO CAROLYN E. BOLDEN began his Senior Executive Service ca- ‘‘JOHNNY’’ JONES Mr. ALEXANDER. Mr. President, reer as deputy director at West Valley Mrs. HYDE-SMITH. Mr. President, I along with my colleague, the ranking Demonstration Project in New York. In am pleased to commend Mr. John member on the Health, Education, 1998, he served as the director of the Oscar ‘‘Johnny’’ Jones, who is retiring Labor and Pensions Committee, Sen- Miamisburg Closure Project in Ohio. from U.S. Department of Agriculture In 2003, he transferred to the Idaho ator MURRAY, I wish to pay tribute to Rural Development after 37 consecu- Operations Office in Idaho as the dep- Carolyn Bolden, a nondesignated em- tive years of service to the Nation. uty manager for environmental man- Raised in Coffeeville, MS, Johnny ployee on the HELP Committee staff. agement, where he had a profound im- joined USDA in 1980 as a student train- Ms. Bolden is retiring at the end of this pact on DOE’s mission to address Ida- ee in the Coffeeville Farmers Home Ad- month after more than 23 years of dis- ho’s environmental cleanup efforts. Mr. ministration Office. In pursuing a ca- tinguished service to the Congress, in- Provencher provided strong leadership reer with USDA, Johnny followed in cluding more than 12 years serving on to the Federal and contractor work- the footsteps of his father, William the HELP Committee. force, making Idaho’s cleanup perform- Woodrow Jones, and brother, William Ms. Bolden has served on the HELP ance one of the most successful in the Woodrow ‘‘Woody’’ Jones, Jr., who both Committee as an assistant editor on Nation. detail from the Government Publishing Among his many accomplishments, made significant contributions to Office since September 2006, providing Mr. Provencher was instrumental in American agriculture and rural econo- support in all aspects of editing and negotiating and executing an agree- mies throughout Mississippi as lifelong printing the committee’s many docu- ment between the DOE and the State USDA employees. ments. of Idaho to implement a cleanup plan Following his graduation from Mis- Ms. Bolden is well-regarded on both for buried waste in the subsurface dis- sissippi State University in 1982, John- sides of the aisle, having proven her posal area at the Idaho National Lab- ny was promoted to the position of as- professionalism, courtesy, and substan- oratory, INL, significantly reducing sistant county supervisor, ACS, for tial expertise across four chairs and the scope of work from the original Webster County in Eupora, MS, with both parties. Without the support of plan and saving taxpayers $5 billion. responsibility for Webster and Choctaw Ms. Bolden and the rest of the nondes- Most recently, Mr. Provencher served Counties. In 1985, he was promoted to ignated staff, the committee could not as the Office of Nuclear Energy Man- county supervisor for Attala County. accomplish the important work the ager for Idaho Operations Office and In 1990, Johnny was selected to serve as American people expect us to get done Contractor Assurance, responsible for a rural housing specialist in the State on their behalf. I, along with the rank- overseeing the INL—our Nation’s flag- Farmers Home Administration Office ing member and the rest of the com- ship nuclear energy laboratory. This in Jackson. Seven years later, Johnny mittee’s members, want to recognize responsibility includes managing over became the State program director for Ms. Bolden for that tremendous con- 200 Federal technical personnel and Single Family Housing for Rural De- tribution to the Committee as she exits oversight of over 6,000 contractor em- velopment in Mississippi, a position he her time in the Senate. ployees with an annual budget in ex- has ably held for 21 years. I would like to yield now to my col- cess of $1 billion. Under his leadership, Working his way up from the Farm- league, the ranking member, Senator the INL completed major infrastruc- ers Home Administration Office in his MURRAY, for her remarks. ture improvements and significantly hometown to the State office in Jack- Mrs. MURRAY. Mr. President, I improved research and development ca- son, Johnny not only gained excep- thank Chairman ALEXANDER and join pabilities with state-of-the-art equip- tional knowledge and expertise, but he him in commending Ms. Bolden for her ment and facilities that will ensure a also contributed unique perspective to many years of dedicated and out- bright future for the laboratory. his work. Johnny understood the needs

VerDate Sep 11 2014 04:01 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.016 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7429 of rural Americans, as well as the chal- with over 150 full-time employees. In 17 MESSAGES FROM THE PRESIDENT lenges rural communities must over- short years, High Desert Milk has be- Messages from the President of the come to gain accessibility to the qual- come a fixture in the community by United States were communicated to ity of life standards afforded to urban providing reliable milk pickup services the Senate by Ms. Ridgway, one of his America. Applying his knowledge, ex- and professional milk marketing. secretaries. pertise, and competence, Johnny de- Presently, High Desert Milk works f voted himself to making a positive dif- with 23 family-owned dairies across EXECUTIVE MESSAGES REFERRED ference in the lives of Mississippians. 70,000 acres of southern Idaho farm- Johnny’s contributions to the people land. The company’s operations sup- As in executive session the Presiding of Mississippi have been notably re- port more than 1,000 related dairy jobs Officer laid before the Senate messages markable. Throughout his tenure as in the area. Annually, the company from the President of the United program director of the Single Family produces almost 60 million pounds of States submitting sundry nominations Housing program in Mississippi, he as- powdered milk, more than 40 million and a withdrawal which were referred sisted nearly 50,000 families in achiev- pounds of butter, and 4 million pounds to the appropriate committees. ing the American dream of home own- (The messages received today are of buttermilk powder. High Desert ership. Whether a family needed a printed at the end of the Senate pro- Milk’s products are shipped all across home or an impoverished elder re- ceedings.) the country and all over the world. The quired emergency home repairs, John- company has a reputation for meeting f ny effectively managed USDA home and even exceeding U.S. Department of loan and repair programs to assure the MESSAGES FROM THE HOUSE Agriculture and customer standards well-being of people he served, and in At 10:58 a.m., a message from the due to careful technician monitoring the process, he helped them improve House of Representatives, delivered by during processing. High Desert Milk themselves and their families. Mr. Novotny, one of its reading clerks, has been named one of the top 100 dairy Johnny Jones made the mission of announced that the House has passed operations in the United States due to his profession to selflessly and honor- the following bill, without amendment: its cleanliness, high quality control ably serve others. He has directly con- S. 245. An act to amend the Indian Tribal standards, and good relationships with tributed to improving the quality of Energy Development and Self Determination its members. life of literally tens of thousands of Act of 2005, and for other purposes. Mississippians. Few individuals have Despite its worldwide presence, High The message further announced that the opportunity through their careers Desert Milk is still a local Idaho com- the House has passed the following to hold such distinction. On the occa- pany with close ties to Burley and bills, in which it requests the concur- sion of his retirement, it is an honor to rural southern Idaho. High Desert Milk rence of the Senate: recognize Johnny Jones for his dedi- has a positive presence in the area and H.R. 3008. An act to authorize the Sec- cated service to his State and to the takes an active role in its community. retary of the Interior to conduct a special re- country. The company hosts several annual source study of the George W. Bush Child- hood Home, located at 1412 West Ohio Ave- f charity fundraisers, including an an- nual fundraiser for the American Can- nue, Midland, Texas, and for other purposes. ADDITIONAL STATEMENTS H.R. 5513. An act to provide for an ex- cer Society. The company also sup- change of lands with San Bernardino County, ports local 4–H and Future Farmers of California, to enhance management of lands RECOGNIZING HIGH DESERT MILK America clubs and even sponsors an an- within the San Bernardino National Forest, nual high school-age rodeo. These com- and for other purposes. ∑ Mr. RISCH. Mr. President, agri- munity-building practices aim to en- H.R. 6108. An act to provide for partner- culture has always been of outsized im- courage youth to take an interest in ships among State and local governments, portance to my home State of Idaho. their local communities and to encour- regional entities, and the private sector to Dairy farming has always had a pres- preserve, conserve, and enhance the visitor age them to seek careers in Idaho’s vi- experience at nationally significant battle- ence in the State and has grown con- brant agricultural industry. Each year, siderably over the past several years, fields of the American Revolution, War of High Desert Milk presents talented 1812, and Civil War, and for other purposes. and agricultural co-ops play a vital local high school students with schol- H.R. 6118. An act to authorize the Sec- role in making sure our State’s agri- arships to continue their education. retary of the Interior to annually designate cultural products make it to market. The generous scholarship program en- at least one city in the United States as an As the chairman of the Senate Com- courages students to excel in the fields ‘‘American World War II Heritage City’’, and mittee on Small Business and Entre- for other purposes. of agribusiness and dairy science. H.R. 6665. An act to amend the Outer Con- preneurship, it is my distinct privilege Scholarships are also made available to to recognize High Desert Milk as the tinental Shelf Lands Act to apply to terri- High Desert employees who want to tories of the United States, to establish off- Small Business of the Month for De- continue their studies. shore wind lease sale requirements, to pro- cember 2018. High Desert Milk is com- High Desert Milk’s tenacious com- vide dedicated funding for coral reef con- mitted to building longlasting rela- servation, and for other purposes. tionships and providing opportunities mitment to its member-farmers and H.R. 6893. An act to amend the Overtime for dairy farmers across, southern community is preparing the way for a Pay for Protective Services Act of 2016 to ex- Idaho. new generation of Idaho dairy farmers tend the Secret Service overtime pay excep- Located on the banks of the Snake and entrepreneurs. The company’s tion through 2020, and for other purposes. commitment to quality and efficiency H.R. 7213. An act to amend the Homeland River in Burley, ID, High Desert Milk Security Act of 2002 to establish the Coun- is a cooperative partnership, com- while building a positive relationship with their members and community is tering Weapons of Mass Destruction Office, mitted to serving its farmer-owners and for other purposes. while also remaining flexible in a com- a perfect example of Idaho’s entrepre- neurial spirit. The company has be- The message also announced that the petitive market. Founded in 2001, High House has passed the following bill, Desert sought to create a more effi- come an economic anchor in southern Idaho, creating new market opportuni- with an amendment, in which it re- cient dairy market for local farmers. In quests the concurrence of the Senate: 2008, High Desert opened a purpose- ties for local farmers and providing jobs for local community members. S. 2248. An act to amend title 38, United built milk dehydration plant which is States Code, to authorize the Secretary of capable of processing up to 2.2 million I would like to extend my sincere Veterans Affairs to provide certain burial pounds of milk per day. In 2013, the congratulations to High Desert Milk benefits for spouses and children of veterans company was able to expand its oper- and all its farmer-members for being who are buried in tribal cemeteries, and for ations and began producing butter to named the Small Business of the other purposes. meet increased demand in the United Month for December 2018. I wish you The message further announced that States. From an initial team of 30 em- all the best of luck, and I look forward the House has passed the following bill, ployees, High Desert Milk has grown to watching your continued growth and with an amendment, in which it re- into a multimillion-dollar operation success.∑ quests the concurrence of the Senate:

VerDate Sep 11 2014 05:18 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.019 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7430 CONGRESSIONAL RECORD — SENATE December 11, 2018 S. 2511. An act to require the Under Sec- Department of Agriculture, transmitting, tection, transmitting, pursuant to law, the retary of Commerce for Oceans and Atmos- pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Appraisals for phere to carry out a program on coordi- ‘‘Buy American Requirement’’ (RIN0572– Higher-Priced Mortgage Loans Exemption nating the assessment and acquisition by the AC42) received in the Office of the President Threshold’’ (RIN3170–AA91) received in the National Oceanic and Atmospheric Adminis- of the Senate on December 5, 2018; to the Office of the President of the Senate on De- tration of unmanned maritime systems, to Committee on Agriculture, Nutrition, and cember 6, 2018; to the Committee on Bank- make available to the public data collected Forestry. ing, Housing, and Urban Affairs. by the Administration using such systems, EC–7394. A communication from the Direc- EC–7404. A communication from the Sec- and for other purposes. tor of the Regulatory Management Division, retary, Securities and Exchange Commis- sion, transmitting, pursuant to law, the re- The message also announced that the Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- port of a rule entitled ‘‘Covered Investment House has agreed to the amendment of titled ‘‘Significant New Use Rules on Certain Fund Research Reports’’ (RIN3235–AM24) re- the Senate to the text of the bill (H.R. Chemical Substances; Withdrawal’’ (FRL No. ceived in the Office of the President of the 3946) to name the Department of Vet- 9986–43) received during adjournment of the Senate on December 5, 2018; to the Com- erans Affairs community-based out- Senate in the Office of the President of the mittee on Banking, Housing, and Urban Af- patient clinic in Statesboro, Georgia, Senate on December 7, 2018; to the Com- fairs. mittee on Agriculture, Nutrition, and For- EC–7405. A communication from the Direc- the ‘‘Ray Hendrix Veterans Clinic’’, tor of the Regulatory Management Division, and that the House has agreed to the estry. EC–7395. A communication from the Board Environmental Protection Agency, transmit- amendment of the Senate to the title Chairman and Chief Executive Officer, Farm ting, pursuant to law, the report of a rule en- of the aforementioned bill. Credit Administration, transmitting, pursu- titled ‘‘Air Plan Approval; Indiana; Cross- ENROLLED BILLS SIGNED ant to law, the report of a rule entitled State Air Pollution Rule’’ (FRL No. 9987–75– At 12:26 p.m., a message from the ‘‘Margin and Capital Requirements for Cov- Region 5) received during adjournment of the ered Swap Entities’’ (RIN3052–AD28) received Senate in the Office of the President of the House of Representatives, delivered by Senate on December 7, 2018; to the Com- Mr. Novotny, one of its reading clerks, in the Office of the President of the Senate on December 6, 2018; to the Committee on mittee on Environment and Public Works. announced that the Speaker has signed Agriculture, Nutrition, and Forestry. EC–7406. A communication from the Chief the following enrolled bills: EC–7396. A communication from the Ad- of the Publications and Regulations Branch, H.R. 315. An act to amend the Public ministrator, Agricultural Marketing Serv- Internal Revenue Service, Department of the Health Service Act to distribute maternity ice, Department of Agriculture, transmit- Treasury, transmitting, pursuant to law, the care health professionals to health profes- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Relief from the sional shortage areas identified as in need of titled ‘‘Pears Grown in Oregon and Wash- Once-In-Always-In Condition for Excluding maternity care health services. ington; Increased Assessment Rate for Fresh Part-time Employees from Making Elective H.R. 3946. An act to name the Department Pears’’ (AMS–SC–18–0048) received in the Of- Deferrals under Section 403(b) Plan’’ (Notice 2018–95) received during adjournment of the of Veterans Affairs community-based out- fice of the President of the Senate on Decem- Senate in the Office of the President of the patient clinic in Statesboro, Georgia, the ber 5, 2018; to the Committee on Agriculture, Senate on December 7, 2018; to the Com- Ray Hendrix Department of Veterans Affairs Nutrition, and Forestry. EC–7397. A communication from the Sec- mittee on Finance. Clinic. EC–7407. A communication from the Assist- retary of Defense, transmitting a report on The enrolled bills were subsequently ant Legal Adviser for Treaty Affairs, Depart- the approved retirement of Lieutenant Gen- ment of State, transmitting, pursuant to the signed by the President pro tempore eral Reynold N. Hoover, United States Army Case-Zablocki Act, 1 U.S.C. 112b, as amended, (Mr. HATCH). National Guard, and his advancement to the the report of the texts and background state- f grade of lieutenant general on the retired ments of international agreements, other list; to the Committee on Armed Services. than treaties (List 2018–0203 - 2018–0206); to MEASURES REFERRED EC–7398. A communication from the Alter- the Committee on Foreign Relations. The following bills were read the first nate Federal Register Liaison Officer, Office EC–7408. A communication from the Execu- and the second times by unanimous of the Secretary, Department of Defense, tive Secretary, U.S. Agency for Inter- consent, and referred as indicated: transmitting, pursuant to law, the report of national Development (USAID), transmit- a rule entitled ‘‘Registration of Privately H.R. 3008. An act to authorize the Sec- ting, pursuant to law, two (2) reports relative Owned Motor Vehicles’’ (RIN0790–AK15) re- to vacancies in the U.S. Agency for Inter- retary of the Interior to conduct a special re- ceived in the Office of the President of the source study of the George W. Bush Child- national Development (USAID), received in Senate on December 5, 2018; to the Com- the Office of the President of the Senate on hood Home, located at 1412 West Ohio Ave- mittee on Armed Services. nue, Midland, Texas, and for other purposes; December 10, 2018; to the Committee on For- EC–7399. A communication from the Acting eign Relations. to the Committee on Energy and Natural Re- Director, Consumer Financial Protection sources. EC–7409. A communication from the Direc- Bureau, transmitting, pursuant to law, a re- tor of Regulations and Policy Management H.R. 5513. An act to provide for an ex- port entitled ‘‘2017 Fair Lending Report of change of lands with San Bernardino County, Staff, Food and Drug Administration, De- the Bureau of Consumer Financial Protec- partment of Health and Human Services, California, to enhance management of lands tion’’; to the Committee on Banking, Hous- within the San Bernardino National Forest, transmitting, pursuant to law, the report of ing, and Urban Affairs. a rule entitled ‘‘Listing of Drug Products and for other purposes; to the Committee on EC–7400. A communication from the Dep- That Have Been Withdrawn or Removed Energy and Natural Resources. uty General Counsel for Operations, Depart- From the Market for Reasons of Safety or H.R. 6108. An act to provide for partner- ment of Housing and Urban Development, Effectiveness’’ ((RIN0910–AH35) (Docket No. ships among State and local governments, transmitting, pursuant to law, a report rel- FDA–2016–N–2462)) received in the Office of regional entities, and the private sector to ative to a vacancy in the position of Assist- the President of the Senate on December 10, preserve, conserve, and enhance the visitor ant Secretary, Administration, Department 2018; to the Committee on Health, Education, experience at nationally significant battle- of Housing and Urban Development, received Labor, and Pensions. fields of the American Revolution, War of in the Office of the President of the Senate EC–7410. A communication from the Sec- 1812, and Civil War, and for other purposes; on December 5, 2018; to the Committee on retary of Labor, transmitting, pursuant to to the Committee on Energy and Natural Re- Banking, Housing, and Urban Affairs. law, the Department of Labor’s Semiannual sources. EC–7401. A communication from the Acting Report of the Inspector General for the pe- H.R. 6118. An act to authorize the Sec- Director, Bureau of Consumer Financial Pro- riod from April 1, 2018 through September 30, retary of the Interior to annually designate tection, transmitting, pursuant to law, the 2018; to the Committee on Homeland Secu- at least one city in the United States as an report of a rule entitled ‘‘Truth in Lending rity and Governmental Affairs. ‘‘American World War II Heritage City’’, and (Regulation Z)’’ (RIN3170–AA90) received in EC–7411. A communication from the Chair- for other purposes; to the Committee on En- the Office of the President of the Senate on man of the Federal Trade Commission, ergy and Natural Resources. December 6, 2018; to the Committee on Bank- transmitting, pursuant to law, the Semi- f ing, Housing, and Urban Affairs. annual Report of the Inspector General for EC–7402. A communication from the Acting the period from April 1, 2018 through Sep- EXECUTIVE AND OTHER Director, Bureau of Consumer Financial Pro- tember 30, 2018 and the Uniform Resource COMMUNICATIONS tection, transmitting, pursuant to law, the Locator (URL) for the report; to the Com- The following communications were report of a rule entitled ‘‘Consumer Leasing mittee on Homeland Security and Govern- laid before the Senate, together with (Regulation M)’’ (RIN3170–AA89) received in mental Affairs. the Office of the President of the Senate on EC–7412. A communication from the Chief accompanying papers, reports, and doc- December 6, 2018; to the Committee on Bank- Financial Officer and Associate Adminis- uments, and were referred as indicated: ing, Housing, and Urban Affairs. trator for Performance Management, Small EC–7393. A communication from the Regu- EC–7403. A communication from the Acting Business Administration, transmitting, pur- lations Team Lead, Rural Utilities Service, Director, Bureau of Consumer Financial Pro- suant to law, the Administration’s fiscal

VerDate Sep 11 2014 17:54 Mar 12, 2019 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD18\DECEMBER\S11DE8.REC S11DE8 December 11, 2018 CONGRESSIONAL RECORD — SENATE S7431 year 2018 Agency Financial Report and the Whereas failure to permanently reauthor- and second times by unanimous con- Uniform Resource Locator (URL) for the re- ize the Secure Rural Schools and Community sent, and referred as indicated: port; to the Committee on Homeland Secu- Self-Determination Act of 2000 will have a By Mr. CASSIDY: rity and Governmental Affairs. devastating effect on many forest commu- S. 3737. A bill to direct the Secretary of EC–7413. A communication from the Chief nities across America, especially commu- Veterans Affairs to carry out the Medical Operating Officer, Millennium Challenge nities in this state, and will severely affect Surgical Prime Vendor program using mul- Corporation, transmitting, pursuant to law, the public education of students living in tiple prime vendors, and for other purposes; the Uniform Resource Locator (URL) for the those forest communities; be it Office of Inspector General’s Semiannual Re- Resolved, That the Alaska State Legisla- to the Committee on Veterans’ Affairs. port for the period of April 1, 2018 through ture respectfully requests that the United By Mr. HATCH (for himself and Mr. September 30, 2018; to the Committee on States Congress pass and the President sign TILLIS): Homeland Security and Governmental Af- into law a long-term reauthorization of the S. 3738. A bill to amend the Federal Food, fairs. Secure Rural Schools and Community Self- Drug, and Cosmetic Act and Securities Ex- EC–7414. A communication from the Acting Determination Act of 2000; and be it further change Act of 1934 to prevent the inter Chairman, Federal Maritime Commission, Resolved, That the Alaska State Legisla- partes review process for challenging patents transmitting, pursuant to law, the Commis- ture encourages the from diminishing competition in the phar- sion’s Semiannual Report of the Inspector to pass H.R. 2340 or S. 1027 to extend, or leg- maceutical industry and with respect to drug General for the period from April 1, 2018 islation to permanently reauthorize, the Se- innovation, and for other purposes; to the through September 30, 2018; to the Com- cure Rural Schools and Community Self-De- Committee on Health, Education, Labor, and mittee on Homeland Security and Govern- termination Act of 2000. Pensions. mental Affairs. Copies of this resolution shall be sent to By Ms. MURKOWSKI (for herself and Mr. SULLIVAN): f the Honorable Donald J. Trump, President of the United States; the Honorable Sonny S. 3739. A bill to amend the Arctic Re- PETITIONS AND MEMORIALS Perdue, United States Secretary of Agri- search and Policy Act of 1984 to modify the culture; the Honorable Betsy DeVos, United membership of the Arctic Research Commis- The following petition or memorial sion, to establish an Arctic Executive Steer- was laid before the Senate and was re- States Secretary of Education; the Honor- able Lisa Murkowski, Chair of the Energy ing Committee, and for other purposes; to ferred or ordered to lie on the table as and Natural Resources Committee of the the Committee on Commerce, Science, and indicated: U.S. Senate; the Honorable Dan Sullivan, Transportation. POM–312. A joint resolution adopted by the U.S. Senator, and the Honorable Don Young, By Ms. MURKOWSKI (for herself and Legislature of the State of Alaska urging the U.S. Representative, members of the Alaska Mr. SULLIVAN): United States Congress to reauthorize the delegation in Congress; and all other mem- S. 3740. A bill to establish a congression- Secure Rural Schools and Community Self- bers of the 115th United States Congress. ally chartered seaway development corpora- Determination Act of 2000; to the Committee tion in the Arctic, consistent with cus- f on Energy and Natural Resources. tomary international law, with the intention HOUSE JOINT RESOLUTION NO. 29 REPORTS OF COMMITTEES of uniting Arctic nations in a cooperative Arctic shipping union, where voluntary col- Whereas, in 1908, the United States Con- The following reports of committees lective maritime shipping fees will help fund gress enacted 16 U.S.C. 500 (National Forest were submitted: the infrastructural and environmental de- Receipts Program), which required 25 per- By Mr. THUNE, from the Committee on mands of safe and reliable shipping in the re- cent of annual income earned from activities Commerce, Science, and Transportation, gion; to the Committee on Commerce, on national forest land to be shared with without amendment: Science, and Transportation. states for distribution to cities and boroughs S. 2369. A bill to authorize aboriginal sub- f in which the land is located for the benefit of sistence whaling pursuant to the regulations education and roads; and of the International Whaling Commission, SUBMISSION OF CONCURRENT AND Whereas, in 1986, changes in the approach and for other purposes (Rept. No. 115–425). SENATE RESOLUTIONS to managing our national forests seriously By Ms. MURKOWSKI, from the Committee curtailed the ability of forest communities on Energy and Natural Resources: The following concurrent resolutions to harvest forest products and resulted in Report to accompany S. 90, A bill to survey and Senate resolutions were read, and steep declines in forest revenue paid to af- the gradient boundary along the Red River referred (or acted upon), as indicated: fected communities; and in the States of Oklahoma and Texas, and for Whereas, in the early 1990s, the United By Ms. COLLINS (for herself and Mr. other purposes (Rept. No. 115–426). KING): States Congress recognized that the decision Report to accompany S. 441, A bill to des- to secure and retain land in federal owner- S. Res. 719. A resolution designating De- ignate the Organ Mountains and other public cember 15, 2018, as ‘‘Wreaths Across America ship would deprive the communities in which land as components of the National Wilder- the land is located of revenue otherwise re- Day’’; considered and agreed to. ness Preservation System in the State of By Mr. DURBIN (for himself and Ms. ceived if the land were in private ownership; New Mexico, and for other purposes (Rept. and DUCKWORTH): No. 115–427). S. Res. 720. A resolution expressing the Whereas the enactment of P.L. 106–393, 16 Report to accompany S. 569, A bill to condolences of the Senate and honoring the U.S.C. 500 note (Secure Rural Schools and amend title 54, United States Code, to pro- memory of the victims of the shooting at Community Self-Determination Act of 2000), vide consistent and reliable authority for, Mercy Hospital and Medical Center in Chi- temporarily stabilized national forest rev- and for the funding of, the Land and Water cago, Illinois, on November 19, 2018; consid- enue payments to forest communities and re- Conservation Fund to maximize the effec- ered and agreed to. placed much needed financial support for tiveness of the Fund for future generations, By Mr. COONS (for himself and Mr. education and roads; and and for other purposes (Rept. No. 115–428). TOOMEY): Whereas the National Forest Service con- Report to accompany S. 2160, A bill to es- S. Res. 721. A resolution designating the trols approximately 22,000,000 acres of land in tablish a pilot program under which the week beginning on October 21, 2018, as ‘‘Na- the state; and Chief of the Forest Service may use alter- tional Chemistry Week’’; considered and Whereas many of the state’s rural commu- native dispute resolution in lieu of judicial agreed to. nities are nestled in the Tongass National review of certain projects (Rept. No. 115–429). Forest and the Chugach National Forest; and By Mr. THUNE, from the Committee on By Mr. HOEVEN (for himself, Ms. Whereas there continues to be little pri- Commerce, Science, and Transportation, HEITKAMP, Mr. TESTER, Ms. WARREN, vately owned land in those forest commu- with an amendment in the nature of a sub- and Mr. PETERS): nities on which to pursue economic develop- stitute: S. Res. 722. A resolution designating Octo- ment activities, and the communities there- S. 2773. A bill to improve the management ber 26, 2018, as ‘‘Day of the Deployed’’; con- fore remain largely dependent on revenue of driftnet fishing (Rept. No. 115–430). sidered and agreed to. generated from national forests; and By Mr. RISCH, from the Committee on By Mr. REED (for himself and Mr. CAS- Whereas the Secure Rural Schools and Small Business and Entrepreneurship: SIDY): Community Self-Determination Act of 2000 Report to accompany S. 3562, A bill to S. Res. 723. A resolution congratulating the expired on September 3, 2015, and has not amend the Small Business Act to modify the American College of Emergency Physicians been permanently reauthorized; and method for prescribing size standards for on its 50th anniversary; considered and Whereas the United States Congress tem- business concerns (Rept. No. 115–431). agreed to. porarily extended the Secure Rural Schools f and Community Self-Determination Act of f 2000 for federal fiscal years 2017 and 2018; and INTRODUCTION OF BILLS AND ADDITIONAL COSPONSORS Whereas education is one of the critical JOINT RESOLUTIONS services supported by the Secure Rural S. 352 Schools and Community Self-Determination The following bills and joint resolu- At the request of Mr. CORKER, the Act of 2000; and tions were introduced, read the first name of the Senator from Alaska (Mr.

VerDate Sep 11 2014 04:01 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.033 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7432 CONGRESSIONAL RECORD — SENATE December 11, 2018 SULLIVAN) was added as a cosponsor of S. 3215 change and its impact. I come from a S. 352, a bill to award a Congressional At the request of Mr. VAN HOLLEN, part of the country where climate Gold Medal to Master Sergeant the name of the Senator from Rhode Is- change is there; it is with us; it is real. Rodrick ‘‘Roddie’’ Edmonds in recogni- land (Mr. REED) was added as a cospon- It is something that we look to as tion of his heroic actions during World sor of S. 3215, a bill to amend title 49, Alaskans with a reality of this world War II. United States Code, to require the de- view. S. 568 velopment of a bus operations safety I spend a lot of my time here in the At the request of Mr. BROWN, the risk reduction program, and for other Senate focused on not only the U.S. name of the Senator from Vermont purposes. Arctic but the Arctic as a whole, the (Mr. LEAHY) was added as a cosponsor S. 3332 eight Arctic nations that we intersect with. So I would like to take a few of S. 568, a bill to amend title XVIII of At the request of Mr. LANKFORD, the the Social Security Act to count a pe- name of the Senator from Delaware minutes this evening to speak about the happenings in the Arctic—our new riod of receipt of outpatient observa- (Mr. COONS) was added as a cosponsor tion services in a hospital toward satis- of S. 3332, a bill to amend the Internal reality—as we are seeing greater oppor- fying the 3-day inpatient hospital re- Revenue Code of 1986 to repeal the in- tunities but also greater challenges in quirement for coverage of skilled nurs- clusion of certain fringe benefit ex- an area that I find to be an extraor- dinary place on our globe. ing facility services under Medicare. penses for which a deduction is dis- It was maybe a little more than 150 S. 693 allowed in unrelated business taxable At the request of Ms. BALDWIN, the years ago when Massachusetts Senator income. and the chairman of the Senate For- names of the Senator from Rhode Is- S. 3611 land (Mr. WHITEHOUSE), the Senator eign Relations Committee at the time, At the request of Mr. ALEXANDER, the Charles Sumner, argued the from Montana (Mr. TESTER), the Sen- names of the Senator from Texas (Mr. ator from Indiana (Mr. DONNELLY), the geostrategic importance of Alaska to CORNYN), the Senator from Michigan Senator from New Hampshire (Mrs. our young Nation at the time. Senator (Ms. STABENOW), the Senator from SHAHEEN), the Senator from Ohio (Mr. Sumner spoke about how the Aleutians North Carolina (Mr. TILLIS) and the BROWN), the Senator from Hawaii (Ms. represented this gateway to Asia. This Senator from New Hampshire (Ms. HAS- HIRONO), the Senator from Michigan was a maritime route to the west coast SAN) were added as cosponsors of S. (Mr. PETERS), the Senator from New that was roughly 1,000 miles shorter 3611, a bill to amend the Internal Rev- Jersey (Mr. BOOKER), the Senator from than the southern route through the enue Code of 1986 and the Higher Edu- Illinois (Ms. DUCKWORTH), the Senator Sandwich Isles, which was popular at cation Act of 1965 to facilitate the dis- from Minnesota (Ms. SMITH), the Sen- the time. closure of tax return information to It was about 70 years later that Gen. ator from Massachusetts (Ms. WAR- carry out the Higher Education Act of Billy Mitchell, who was the father of REN), the Senator from New Hampshire 1965, and for other purposes. the Air Force, testified before Congress (Ms. HASSAN), the Senator from Nevada and said that he believed that in the (Ms. CORTEZ MASTO), the Senator from S. 3622 future, whoever controls Alaska con- Alabama (Mr. JONES), the Senator from At the request of Mr. MENENDEZ, the trols the world. He thought it was the Florida (Mr. NELSON), the Senator from name of the Senator from Vermont most strategic place in the world. New Jersey (Mr. MENENDEZ), the Sen- (Mr. SANDERS) was added as a cospon- Then we had World War II, the Japa- ator from Illinois (Mr. DURBIN), the sor of S. 3622, a bill to condemn gross nese, who also recognized the strategic Senator from (Mr. CARDIN), human rights violations of ethnic importance of the Aleutians, and they the Senator from Pennsylvania (Mr. Turkic in Xinjiang, and call- briefly seized and occupied the islands CASEY), the Senator from New Mexico ing for an end to arbitrary detention, of Attu and Kiska. (Mr. HEINRICH), the Senator from Cali- torture, and harassment of these com- munities inside and outside China. While the war in the Aleutians may fornia (Mrs. FEINSTEIN) and the Sen- be forgotten by many here at home, ator from California (Ms. HARRIS) were S.J. RES. 64 the world continues to remember the added as cosponsors of S. 693, a bill to At the request of Mr. TESTER, the strategic significance of the North. amend the Public Health Service Act names of the Senator from West Vir- Although General Mitchell saw the to increase the number of permanent ginia (Mr. MANCHIN), the Senator from strategic geographic location of Alas- faculty in palliative care at accredited Florida (Mr. NELSON), the Senator from ka, he could not have imagined the en- allopathic and osteopathic medical Delaware (Mr. CARPER) and the Senator vironmental changes that would make schools, nursing schools, social work from Delaware (Mr. COONS) were added sea routes accessible to commerce schools, and other programs, including as cosponsors of S.J. Res. 64, a joint year-round, nor could he have imagined physician assistant education pro- resolution providing for congressional the rich mineral wealth beneath the grams, to promote education and re- disapproval under chapter 8 of title 5, Arctic. He might have been able to search in palliative care and hospice, United States Code, of the rule sub- have imagined that Russia would take and to support the development of fac- mitted by the Department of the a major interest in the Arctic. Given ulty careers in academic palliative Treasury relating to ‘‘Returns by Ex- its proximity from the Bering Strait medicine. empt Organizations and Returns by region of Alaska, one can indeed see S. 1503 Certain Non-Exempt Organizations’’ . Russia from one’s window. There are At the request of Ms. WARREN, the f not too many people on Little name of the Senator from Kansas (Mr. STATEMENTS ON INTRODUCED Diomede, but I have been there. Big ROBERTS) was added as a cosponsor of 1 BILLS AND JOINT RESOLUTIONS Diomede sits just about 2 ⁄2 miles S. 1503, a bill to require the Secretary across the water, but I doubt that Gen- of the Treasury to mint coins in rec- By Ms. MURKOWSKI (for herself eral Mitchell would ever have been able ognition of the 60th anniversary of the and Mr. SULLIVAN): to have imagined that nations like Naismith Memorial Basketball Hall of S. 3739. A bill to amend the Arctic China or India would have taken an in- Fame. Research and Policy Act of 1984 to terest in the very remote and often for- S. 1906 modify the membership of the Arctic bidding North, less that they would be At the request of Mr. MARKEY, the Research Commission, to establish an fielding icebreakers in 2019 and 2020, as names of the Senator from Arkansas Arctic Executive Steering Committee, China and India are. He might also (Mr. BOOZMAN) and the Senator from and for other purposes; to the Com- wonder why Singapore would take such West Virginia (Mrs. CAPITO) were added mittee on Commerce, Science, and an interest to justify observer status as cosponsors of S. 1906, a bill to post- Transportation. on the Arctic Council. humously award the Congressional Ms. MURKOWSKI. Mr. President, While places like Singapore seek ob- Gold Medal to each of Glen Doherty, there has been a lot of discussion this server status, the United States has Tyrone Woods, J. Christopher Stevens, evening by my colleague from New Jer- passed the chairmanship of the Arctic and Sean Smith in recognition of their sey and by my colleague from Rhode Council and, with it, most of our diplo- contributions to the Nation. Island about the issue of climate matic efforts towards the Arctic. The

VerDate Sep 11 2014 04:01 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.037 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7433 Arctic Executive Steering Committee right now, here today, Anchorage has where does that leave us? Where does and other institutions within the exec- the fifth busiest cargo airport in the that put us? utive branch that are focused on the world—not in the country but in the We have a medium-strength vessel, Arctic have, in my view, just kind of world. So we are sitting here in An- the Healy. She does great work, but wasted away just when the rest of the chorage, AK. We are less than 91⁄2 hours that is what the United States has. world has redoubled its focus on the from 90 percent of the industrialized Canada has nine government-owned, Arctic. world. So whether you are going to either operating or under construction. The Department of Defense clearly Singapore, London, Mexico City, we China has four—China, which has just gets it. It is starting to recognize what are less than 91⁄2 hours from 90 percent determined they should be a ‘‘Near- General Mitchell did back in 1935. Be- of the industrialized world. So many Arctic State.’’ Russia has 34, and when fore the Defense Appropriations Sub- carriers, such as FedEx, UPS, Alaska you count those that are nongovern- committee back in May 2016, I asked Airlines, Atlas Air, and others, are al- ment-owned, it is well over 40. Secretary Carter whether we were ready using Anchorage as a cargo hub Here we are, the United States of doing what we needed to do from a de- because of this very, very central loca- America, an Arctic nation, and we are fense standpoint to address changes in tion and these very real opportunities down to about one icebreaker. We have the Arctic. His response was pretty for commerce. We are also looking to some work to do here. frank and, I think, very revealing. He regain the Ted Stevens Anchorage Over the past several years, funds told me that the Arctic is going to be International Airport position as a hub have been secured through the Navy to a major area of importance to the for international passenger travel. get started on building a new Polar Se- United States strategically and eco- Now we are getting ready for the hol- curity Cutter. This year, the adminis- nomically in the future. iday season, for Christmas. I think tration wisely decided—and I thank I think it is fair to say that we are Santa had this figured out a long time them for working with us—that it is late to the recognition of that, but I ago. He knew that the shortest way to time to lock in the project by budg- think we have the recognition. Now get around the globe, whether you were eting the remaining funds necessary to you are asking what comes in behind going to Fiji or to London or to Los complete the project. It is about $750 that recognition. I think a plan that is Angeles or to Seoul, was over the Pole. million. That is a lot of money. That is more than aspirational is needed, and I Even Santa understood the a lot of money, but I would submit that would be happy to work with you to- geostrategic position of the Arctic. But this investment in the Polar Security ward that end. it is Alaska. It really is Alaska, sitting Cutter is a small price to pay for the At that time, Secretary Carter’s can- right up there, which is the gateway to ability to project U.S. sea power in the dor was refreshing, if not long overdue, America’s Arctic, that is at the center Arctic. but I have to tell you that we are still of all of this. That is not just bragging, The question of whether we follow waiting for a plan that is more aspira- not just my being parochial about it as through on this very important step is tional in the Arctic—not just a plan Alaska’s Senator. It is real, it is com- going to be determined this week, or but a plan that is fully resourced. As pelling, and it is demanding of atten- perhaps next week, as we complete the an appropriator, I know full well how tion and action. I know it is not easy. fiscal year 2019 appropriations project. difficult that is to achieve. The Washington Post’s editors ob- I would dare to suggest that our com- Sometimes around here, like a tree served that the Arctic portends great petitors in the Arctic are watching that falls in the forest when there is opportunities and great challenges, so very, very closely whether we have the nobody there to listen, it seems like of- let’s get to work on this. That is my resolve to follow through on the first of ficial Washington doesn’t recognize central message today. It is time that these Polar Security Cutters. that something new and very real is oc- we get to work and move ahead with a Bringing the Polar Security Cutter curring until it reads about it in the plan that fits the challenge that the online will give us capacity—we appre- New York Times or perhaps in the Arctic represents for America. We talk ciate that—but the next and perhaps Washington Post. Well, on Thanks- a lot about aspiration. The time for as- even more difficult challenge is to giving Day of this year, the Wash- piration is over—it is time for action. build the infrastructure to support the ington Post really laid it out. It had a That starts by fully funding the first of next phase of U.S. sea power in the special section—some 16 pages—which the Coast Guard’s Polar Security Cut- Arctic. Most critical for that is the de- is entitled ‘‘The New Arctic Frontier.’’ ters, whose purpose is to provide as- velopment of a deepwater port in the I would like to quote from the cover of sured, year-round access to our polar Bering Sea. this special section. regions. These are platforms that can Our reality right now is that the It reads: project sea power anywhere, at any Alaska deepwater port nearest to the As the Arctic slowly thaws, the United time, and are fully interoperable with Arctic is located in the Bering Sea. States, Canada, Russia, China and other in- interagency and international stake- Dutch Harbor is almost 1,000 miles terested nations are reconsidering how they holders to carry out national defense away from the Arctic. I am looking at strategically approach the region. Corpora- operations. These cutters will include my imaginary Alaska map here, but tions have launched new missions to search sufficient space, weight, and power to when you are down in the Aleutians— for oil. Commercial fishing continues to that is the nearest deepwater port—it evolve. Shipping and luxury cruise lines conduct multimission activities that alike are planning to send more vessels support our Nation’s current and fu- is 1,000 miles to get to Point Hope, to north. Coastal erosion has prompted ques- ture needs in the Arctic. Barrow, and that area. tions about how some Alaskan villages will The Polar Security Cutter will allow A port is a critical piece of infra- survive and how the U.S. government should us to continue to engage with our fel- structure that is needed, and it will react. Against this backdrop, militaries are low Arctic nations and our allies and serve many, many uses. It can support increasingly preparing for potential conflict our strategic competitors. the Navy, the Coast Guard, and in the Arctic. The United States is shifting I share with you a picture of our ex- NOAA’s research missions. It will sup- forces to the north, planning to build a new isting Polar icebreaker, but when you port search and rescue activities that class of icebreaker ships and cultivating stronger relationships with Nordic mili- look around the world at the various may be necessitated by increasing taries. Russia, meanwhile, is investing in flags, here we are sitting in the United commercial vessel traffic in the Arctic, ice-capable vessels and infrastructure im- States—one of eight Arctic nations— and it will provide a platform for the provements, and China has declared itself a and we have two icebreakers. I say United States to harvest some of the ‘‘near Arctic state.’’ two—maybe that is all we need. One of economic upside of the vessel transits. This really sums up where we are them is currently in dry dock in the RADM Jon White, U.S. Navy, retired, today. -Tacoma area. She is never is President and CEO of the Consor- Truth be told, General Mitchell has going to see activity again. The other tium for Ocean Leadership. At a recent been proven to be correct in ways that one, Polar Star, is on her second life. event, which was sponsored by the Wil- he probably could not have imagined She is working hard, but she is down in son Center, he characterized the re- when he said Alaska was the most stra- Antarctica, and she will be in Antarc- quirement for a deepwater port in the tegic place in the world. For example, tica until she, too, is retired. Then Arctic as a ‘‘no-brainer.’’ He went on to

VerDate Sep 11 2014 04:01 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.052 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7434 CONGRESSIONAL RECORD — SENATE December 11, 2018 say: ‘‘Unfortunately, it’s not a no- twice the rate of the rest of the coun- under the Department of Homeland Se- coster.’’ try. This latest climate report shows curity and provide the coordination Last summer, Navy Secretary Spen- us that this is not exactly right. necessary to advance a truly inte- cer looked at various sites, potential In fact, the North Slope of Alaska— grated plan for the Arctic. sites for a deepwater port. He is very this corner right there—is warming at By reinvigorating the central coordi- engaged in seeing how we can work to- 2.6 times the rate of the continental nating body for Arctic issues, the legis- gether to bring the funding partners to United States. Much of the rest of lation will provide a venue to deliver make this happen. We look forward to Alaska is warming at more than twice the type of plan America needs and, working with him toward this endeav- the continental U.S. rate as well. So it more importantly, a place to work that or. His engagement is so greatly— is not just twice as fast; it is more than plan into action across Agencies. greatly—appreciated. He clearly under- twice as fast. Again, we are paying at- As it stands now, everybody has a lit- stands the potential here. tention. tle bit of a piece of something when it All of these developments are very, I face this reality. I hear about this comes to the Arctic, but it doesn’t positive, far more positive than we reality every time I step off an airplane really seem as though there is any co- have seen in recent years. I am grateful in a rural community. I listen to the ordinating entity. When you don’t have for that. They are building blocks. people there, particularly the elders, as anybody who ultimately has that re- The race to protect America’s stra- they share their knowledge. Record low sponsibility, oftentimes, it is hard to tegic interest in the Arctic demands extent of Arctic sea ice threatens many see the progress. attention on more than just defense; it of our indigenous communities because We know Federal policy does not will take coordination. That is why I of threats of coastal erosion. With less exist in a vacuum, so in addition to es- am going to introduce today two pieces ice, waves build up, beat against the tablishing the Arctic Executive Steer- of legislation that are designed to rein- shore, and erode it. It is more than just ing Committee, the legislation would vigorate America’s national and com- coastal erosion; it is the impact on also establish an Arctic Advisory Com- mercial strategic efforts. their traditional ways of life—food se- mittee to ensure that residents of the For well over a decade now, you have curity issues, hunting, access to re- Arctic and Alaska Native people have a heard me talk about how the dimin- sources to basically exist. seat at the table for the development of ishing Arctic sea ice presents both op- We are very in tune. It is not just policy. They don’t want to be sitting portunities and concerns. If you look through the eyes of the people who are back and being told what is happening; at this map here, you are looking at living there; this is abundantly clear in they want a seat at the table. As the planet Earth from the perspective that both the scientific data that is col- indigenous peoples of the region, they most of us in Alaska view, which is lected by our State and our Federal fully have that right. from the top on down. You have the Agencies, as well as the experience of Further, the legislation calls for the U.S. Arctic here with Alaska. You have rural . establishment of regional Tribal advi- the Canadian Arctic here. Here is Rus- According to this most recent report, sory groups, starting with the Bering sia coming all the way around to Ice- the cost of infrastructure damaged Sea Regional Tribal Advisory Group to land, and Greenland is down in this from a warming climate in Alaska advise the Federal Government as it area. alone—we had our own chapter in the shapes national priorities within the As I mentioned at the beginning of report—could range from $110 to $270 region. These Tribal advisory groups my comments, we recognize the impact million per year. So changes to our air, will be empowered to provide advice on that climate change is having on the our water, our soil, our food security, specific challenges or regionally impor- Arctic—rapid impacts, clearly—more our disease ecology directly and di- tant issues. so than in any other part of the United rectly resulting from our warming cli- I would like to say that if you go to States. mate are going to impact the lives and rural Alaska, if you go to a small vil- The latest report from the U.S. Glob- the health of every Alaskan. lage, you are not going to find a lot of al Change Research Program under- On the one hand, the future in the Ph.D.s out there, but what they do scored this fact. Since the early Arctic looks increasingly challenging have is a Ph.D. in Arctic living. They eighties, the annual Arctic sea ice ex- for our rural communities. Then, on know what is going on. Their very lives tent has gone down by about 4 percent the other hand, the future also rep- and survival depend on understanding per decade. The decrease for September resents a new frontier. There are op- and appreciating the world around sea ice extent—this is the time of year portunities out there, whether they are them. where we have had the least amount of in construction, in tourism, in energy, In the Arctic, we have an oppor- ice. This time period has been even in minerals, in shipping, or in commu- tunity to show the world how to inte- more pronounced at somewhere be- nity development. You have chal- grate indigenous knowledge and voices tween 10.7 and 15.9 percent per decade lenges, and you have opportunities. into policy and science. That is why in terms of the decrease in the sea ice. For some time now, my team and I the legislation will also update the What does all of this mean? Accord- have been working on two pieces of Arctic Research and Policy Act of 1984. ing to that report, it means we are Arctic legislation to support respon- This was legislation my father intro- likely to experience a sea ice-free Arc- sible investment and development in duced when he was here in the Senate. tic summer before this century is out. the U.S. Arctic. It hasn’t been easy to We will update this to include more Again, when you are looking at the meet the expectations and the needs of Native voices at the Arctic Research top of the globe, looking at the Arctic rural and indigenous communities that Commission and thereby push to in- here, all of the area in the light blue— are most impacted by climate change clude traditional knowledge and com- you can’t see the red around it—was all in the U.S. Arctic, while, at the same munity coordination in our Nation’s of the extent of the September sea ice time, focusing on economic develop- scientific efforts in the Arctic, espe- back in 1979. In 2015—3 years ago—the ment, environmental stewardship, cially our efforts to study and under- extent of that September ice is here in human security, but we have really stand climate change. the pink. As you can appreciate, as you been trying to mesh these all together. are losing this throughout more parts I believe these two bills that I am in- By Ms. MURKOWSKI (for herself of the year, it does point to a reality troducing, along with Senator SUL- and Mr. SULLIVAN): that we are likely to see in the not too LIVAN—the Arctic Policy Act of 2018 S. 3740. A bill to establish a congres- terribly distant future—a sea ice-free and the Shipping and Environmental sionally chartered seaway development Arctic summer. Arctic Leadership Act of 2018; that is, corporation in the Arctic, consistent Loss of sea ice in the Arctic, of the SEAL Act—I think are steps in the with customary international law, course, goes hand in hand with overall right direction, helping us move closer with the intention of uniting Arctic temperature warming. Over the last to meeting these objectives. nations in a cooperative Arctic ship- several years, it has been somewhat The first bill, the Arctic Policy Act ping union, where voluntary collective common to refer to the Arctic and in- of 2018, will statutorily establish the maritime shipping fees will help fund clude the fact that it is warming at Arctic Executive Steering Committee the infrastructural and environmental

VerDate Sep 11 2014 04:01 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G11DE6.052 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7435 demands of safe and reliable shipping shipping can be reliable and safe for SUBMITTED RESOLUTIONS in the region; to the Committee on shippers that need to transport goods Commerce, Science, and Transpor- from one place to another on a time- tation. table. SENATE RESOLUTION 719—DESIG- Ms. MURKOWSKI. Mr. President, the NATING DECEMBER 15, 2018, AS This last chart that I am going to second piece of legislation I am intro- ‘‘WREATHS ACROSS AMERICA share is just a reminder of not today’s ducing is the Shipping and Environ- DAY’’ reality, but this is the number of ves- mental Arctic Leadership Act of 2018— Ms. COLLINS (for herself and Mr. sels that were tracked between year the SEAL Act—which establishes a KING) submitted the following resolu- 2014 and 2015. So this is the Aleutians congressionally chartered seaway de- tion; which was considered and agreed velopment corporation in the Arctic. right down here. This is where the to: Great Circle route ships come through. So this Arctic Corporation will work S. RES. 719 with representatives from NOAA, from It is so black here that you can’t even tell that these are lines, but this dem- Whereas, in 1992, the Wreaths Across the State Department, from the Coast America project began an annual tradition of Guard, and from DOT, as well as rep- onstrates the level of existing traffic donating and transporting Maine balsam fir resentatives from the State of Alaska, that we have here. Even 3 years ago, veterans’ wreaths to Arlington National the Alaska business community, Alas- the number of vessels that transited up Cemetery each December and placing those ka coastal and subsistence commu- to the Arctic, whether it was to go over wreaths on the graves of the fallen heroes nities, and the Alaskan Maritime into the Beaufort or the Chukchi in the buried at Arlington National Cemetery; Arctic Ocean or to go through the Whereas 5,000 donated veterans’ wreaths Labor Organization to help to develop were transported from Maine to Arlington an Arctic shipping union whose leader- northern sea route in that direction— National Cemetery during the first year of ship will advocate for safe, secure, and this is here, and this is now. This is the Wreaths Across America project and reliable Arctic seaway development what is happening in the Arctic. placed on the graves of the fallen heroes bur- and further ensure that the Arctic be- So what we are seeking to do with ied at Arlington National Cemetery; comes a place of international coopera- this SEAL legislation is to help to fund Whereas, during the 27 years preceding the tion rather than competition or con- date of adoption of this resolution, more a system of Arctic ports—not just one than 6,082,300 wreaths have been sent to loca- flict. port but a system of Arctic ports— The capacity to get maritime and tions, including national cemeteries and vet- ports of refuge for ships in trouble and erans memorials, in every State and over- shipping services funded by means of ports to send, receive, and transship seas; international cooperation is not a new goods and people, private aids to navi- Whereas the mission of the Wreaths Across concept. We have seen it done, and it gation, all-weather tugs that can help America project, to ‘‘Remember, Honor, exists with the Saint Lawrence Seaway Teach’’, is carried out in part by coordi- ships that may have lost power or Development Corporation in the United nating wreath-laying ceremonies in all 50 steerage, and to provide a commercial States. This is one example where States and overseas, including at— architecture to support the private sec- countries that share a large maritime (1) Arlington National Cemetery; tor investments in and use of ice- (2) veterans cemeteries; and border—the United States and Can- (3) other memorial locations; ada—are able to develop a seaway sys- breakers that can help ships that may be boxed in because of the ice. That Whereas the Wreaths Across America tem—one that is safe, secure, and reli- project carries out a week-long veterans pa- able for its users. happens. rade between the State of Maine and the I have people stop me and say: Well, So as we talk about this proposal Commonwealth of Virginia, stopping along this is so many years off from when we that we are laying down in this legisla- the way to spread a message about the im- are going to see levels of commercial portance of— tion, I have likened it to Uber for ice- (1) remembering the fallen heroes of the activity in the Arctic. There is no real breakers. It helps people kind of under- United States; need to move on this, is there? stand what it is that we are looking at (2) honoring those who serve; and Well, again, I will just remind you of here. (3) teaching the next generation of children some of the charts we have seen. The about— Port infrastructure will also benefit multiyear ice that once made the Arc- (A) the service of veterans; and tic impassable and shielded our north- rural Arctic communities and bring (B) the sacrifices made by veterans and the ernmost border year-round is dimin- down costs for delivering fuel, gro- families of veterans to preserve the freedoms ceries, and other necessities which, in enjoyed by the people of the United States; ishing, again, due to climate change. Whereas, in 2017, approximately 1,565,300 Because of this, shipping in and around my State at this time, are just extraor- dinarily high. I think this legislation veterans’ wreaths were delivered to more the Arctic traffic will increase. So than 1,422 locations across the United States when you appreciate where we are with can help the United States to organize and overseas, an increase of more than 200 the Northwest Passage here, the North- and attract investment opportunities locations compared to the previous year; west Passage, by 2025, is intermittently for ports and icebreakers, for our own Whereas, in December 2018, the tradition of open, but the for pathway, if you are safety and for that of commercial ves- escorting tractor-trailers filled with donated going from the Bering Strait, right off sels that are venturing into the Arctic, wreaths from Maine to Arlington National as well as, again, for those who live Cemetery will be continued by— of Alaska here and through Rotterdam, (1) the Patriot Guard Riders; and you are going to have an opportunity there. (2) other patriotic escort units, including— to basically be cutting through there. So these two bills, building on the (A) motorcycle units; For the northern sea route, following (B) law enforcement units; and strategic efforts of the Department of (C) first responder units; through Russia, by 2025, they antici- Defense and the strides that have been pate that this sea lane will be open for Whereas hundreds of thousands of individ- made in the NDAA, can provide the uals volunteer each December to help lay a full 6 weeks. legislative direction needed to help to The transpolar route, going more di- veterans’ wreaths; develop that aspirational plan that Whereas, in 2018, the trucking industry in rectly over the pole, by 2025 will have 2 Secretary Carter recognized that we the United States will continue to support weeks of open shipping. need. the Wreaths Across America project by pro- So, yes, shipping is going to increase. viding drivers, equipment, and related serv- When you can figure out a quicker way While I will be introducing these ices to assist in the transportation of to get from Asia to Europe, when you now, I am also going to be reintro- wreaths across the United States to more can shave off days, when you can use ducing them in the next Congress, and than 1,500 locations; less fuel, you are saving money. So this I certainly look forward to working Whereas the Senate designated December is, from a trade perspective, hugely sig- with any and all of my colleagues and 16, 2017, as ‘‘Wreaths Across America Day’’; interested parties, as well as the execu- and nificant. Whereas, on December 15, 2018, the Wreaths But this looming increase in com- tive branch, to refine them in the Across America project will continue the mercial vessel traffic also translates to hopes that we can truly reclaim Amer- proud legacy of bringing veterans’ wreaths greater demand for services and proc- ica’s leadership role in the Arctic in to Arlington National Cemetery: Now, there- esses necessary to ensure that Arctic this next Congress. fore, be it

VerDate Sep 11 2014 04:27 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.040 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7436 CONGRESSIONAL RECORD — SENATE December 11, 2018 Resolved, That the Senate— donations—wreaths will be laid where was fatally shot by the gunman in the hos- (1) designates December 15, 2018, as American heroes lie at rest. pital parking lot; ‘‘Wreaths Across America Day’’; This year, for the first time, more Whereas Dr. O’Neal, a graduate of the Uni- (2) honors— than 9,300 Maine-made balsam wreaths versity of Illinois College of Medicine, had (A) the Wreaths Across America project; will mark the headstones of all Amer- worked in the emergency department at (B) patriotic escort units, including— Mercy Hospital and Medical Center treating (i) motorcycle units; ican service members laid to rest at others and was devoted to her church and to (ii) law enforcement units; and the Normandy American Cemetery in charitable causes; (iii) first responder units; France. It has been nearly 75 years Whereas Dr. O’Neal was described by the (C) the trucking industry in the United since our brave troops stormed those director of the emergency department at States; and beaches to liberate Europe but they Mercy Hospital and Medical Center as a (D) the volunteers and donors involved in will never be forgotten. ‘‘wonderful individual’’ who was ‘‘dedicated this worthy tradition; and Wreaths Across America honors our to caring for her community’’; (3) recognizes— departed heroes, but it does even more. Whereas Dayna Less, age 24, a pharmacist (A) the service of veterans and members of at Mercy Hospital and Medical Center, was the Armed Forces; and It tells our veterans that we honor fatally shot by the gunman; (B) the sacrifices that veterans, members their service. It tells our men and Whereas Ms. Less, a graduate of Purdue of the Armed Forces, and the families of vet- women in uniform today that we are University, had overcome health challenges erans and members of the Armed Forces grateful for their courage and devotion as a youth and had decided to become a phar- have made, and continue to make, for the to duty. It tells the families of those macist to help serve the health needs of oth- United States, a great nation. serving our country that they are in ers; Ms. COLLINS. Mr. President, I am our thoughts and prayers. And it tells Whereas Ms. Less, who was engaged to be pleased to be joined by my colleague the families of the fallen that we share married to her childhood sweetheart, was de- scribed by her father as ‘‘the strongest per- Senator ANGUS KING in sponsoring this their grief. son I know’’; resolution to designate December 15, The mission of Wreaths Across Amer- Whereas the city of Chicago suffers from 2018, as Wreaths Across America Day. ica is: Remember, Honor, Teach. our nation’s epidemic of gun violence, with Throughout human history, the ever- Thanks to the spirit of this Maine- nearly 2,700 people killed or injured by gun- green wreath has been offered as a trib- made tradition, we remember and fire in Chicago in 2018; ute to heroes. On December 15, we honor America’s veterans, while also Whereas the medical community in the gather to offer this enduring symbol of teaching the generations to come of United States works tirelessly every day to valor and sacrifice to America’s heroes. the sacrifices that have been made to provide professional and dedicated care to secure a future of peace and liberty. individuals affected by gun violence across In this season of giving, we pay tribute the nation; to those who have given us the most May God bless these heroes, and may Whereas the law enforcement community precious gift of all, our freedom. God bless America. in the United States works tirelessly every Some who secured that gift did not f day to respond to incidents of gun violence return home. Some did return but have and protect others from harm at the risk of SENATE RESOLUTION 720—EX- since passed on. Some remain missing their own safety; and PRESSING THE CONDOLENCES OF but will never be forgotten. Many still Whereas the nation owes a debt of grati- THE SENATE AND HONORING live in honor among us. tude to members of the law enforcement and We here at home must always respect THE MEMORY OF THE VICTIMS medical communities in Chicago and across their service. Often, we do this on OF THE SHOOTING AT MERCY the United States for the service they pro- HOSPITAL AND MEDICAL CEN- vide in helping others, including in the re- those special days we set aside each sponse to the shooting at Mercy Hospital and year—Memorial Day, the Fourth of TER IN CHICAGO, ILLINOIS, ON NOVEMBER 19, 2018 Medical Center on November 19, 2018: Now, July, and Veterans Day. Sometimes, therefore, be it we do this spontaneously because our Mr. DURBIN (for himself and Ms. Resolved, That the Senate— hearts, rather than our calendars, tell DUCKWORTH) submitted the following (1) expresses sincere condolences to the us to. That is the origin of Wreaths resolution; which was considered and families, friends, and loved ones of Officer Across America. agreed to: Samuel Jimenez, Dr. Tamara O’Neal, and Dayna Less, the victims of the tragic shoot- S. RES. 720 Twenty-six Christmases ago, Morrill ing on November 19, 2018, at Mercy Hospital and Karen Worcester took time during Whereas on November 19, 2018, a gunman and Medical Center in Chicago, Illinois; their busiest season to donate and de- opened fire in the parking lot and lobby of (2) honors the lives and memory of the vic- liver 5,000 wreaths from their company Mercy Hospital and Medical Center in Chi- tims, with gratitude for the service the vic- in Harrington, Maine, to Arlington Na- cago, Illinois; tims provided as members of the law enforce- tional Cemetery to mark the graves of Whereas the gunman took the lives of 3 in- ment and medical communities; fallen heroes. The people of Maine are dividuals who had dedicated themselves to (3) extends support to the individuals sub- serving others as members of the law en- proud that this heartfelt expression of jected to the trauma of the shooting; forcement and medical communities; (4) thanks the law enforcement officers, America’s gratitude began in our Whereas Chicago Police Officer Samuel Ji- medical personnel, emergency responders, State, and I congratulate Karen and menez, age 28, of the Second Police District, and Mercy Hospital and Medical Center Morrill for being awarded the Congres- responded to the emergency call with brav- workers who responded to the shooting with sional Medal of Honor Society’s Pa- ery and made the ultimate sacrifice in an ef- professionalism, dedication, and bravery; and triot Award this April, the highest fort to protect the lives of others; (5) stands in solidarity with the victims of award the Society can bestow to civil- Whereas Chicago Police Superintendent senseless gun violence in Chicago and in Eddie Johnson said that— communities across the United States. ians. (1) Officer Jimenez and the other officers In the years since, that heartfelt ges- who responded to the shooting ‘‘did what he- f ture became a national phenomenon roic officers always do—they ran toward the SENATE RESOLUTION 721—DESIG- and an American tradition. More than gunfire’’; and NATING THE WEEK BEGINNING six million wreaths have been laid by (2) the actions of Officer Jimenez and the ON OCTOBER 21, 2018, AS ‘‘NA- other officers who responded to the shooting tens of thousands of volunteers at more TIONAL CHEMISTRY WEEK’’ than 600 cemeteries, here and abroad, ‘‘saved a lot of lives’’; and even on ships at sea. This remark- Whereas Officer Jimenez was— Mr. COONS (for himself and Mr. (1) a dedicated law enforcement officer; TOOMEY) submitted the following reso- able effort is made possible by trucking (2) a loving husband; and lution; which was considered and companies across the Nation who do- (3) a loving father of 3 young children; agreed to: nate their services and by the gen- Whereas Officer Jimenez was the second erosity of thousands of volunteers and police officer of the Chicago Police Depart- S. RES. 721 supporters. With the Patriot Guard es- ment to be fatally shot in the line of duty in Whereas chemistry is the science of basic cort, the convoy from Maine to Wash- 2018, after Commander Paul R. Bauer, the units of matter and, consequently, plays a commander of the 18th Police District, was role in every aspect of human life; ington is greeted at every stop along fatally shot while attempting to apprehend Whereas chemistry has broad applications, the way by grateful citizens of all ages. an armed suspect on February 13; including food science, soil science, water On December 15—after months of hard Whereas Dr. Tamara O’Neal, age 38, a phy- quality, energy, sustainability, medicine, work, careful planning, and generous sician at Mercy Hospital and Medical Center, and electronics;

VerDate Sep 11 2014 05:18 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.041 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7437 Whereas the science of chemistry is vital tect the precious heritage of the United Whereas the American College of Emer- to improving the quality of human life and States through their declarations and ac- gency Physicians is a leading continuing plays an important role in addressing crit- tions; education source for emergency physicians ical global challenges; Whereas members of the Armed Forces and a primary information resource on de- Whereas innovations in chemistry con- serving at home and abroad have coura- velopments in the specialty of emergency tinue to spur economic growth and job cre- geously answered the call to duty to defend medicine; and ation and have applications for a wide range the ideals of the United States and to pre- Whereas the development of physicians of industries; serve peace and freedom around the world; specializing in emergency care has contrib- Whereas National Chemistry Week is part Whereas the United States remains com- uted greatly to the health and well-being of of a broader vision to improve human life mitted to easing the transition from deploy- all the people of the United States: Now, through chemistry and to advance the chem- ment abroad to service at home for members therefore, be it istry enterprise and the practitioners of that of the Armed Forces and the families of the Resolved, That the Senate— enterprise for the benefit of communities members; (1) congratulates the American College of and the environment; Whereas members of the Armed Forces per- Emergency Physicians on its 50th anniver- Whereas the purpose of National Chem- sonify the virtues of patriotism, service, sary; istry Week is to reach the public with edu- duty, courage, and sacrifice; (2) recognizes the accomplishments and cational messages about chemistry in order Whereas the families of members of the contributions emergency physicians have to foster greater understanding of and appre- Armed Forces make important and signifi- made to advance the health care system in ciation for the applications and benefits of cant sacrifices for the United States; and the United States; and chemistry; Whereas the Senate designated October 26 (3) reaffirms the value of emergency medi- Whereas National Chemistry Week strives as ‘‘Day of the Deployed’’ in 2011, 2012, 2013, cine and the vital role that emergency physi- to stimulate the interest of young people, in- 2014, 2015, 2016, and 2017: Now, therefore, be it cians serve in ensuring the health and well- cluding women and underrepresented groups, Resolved, That the Senate— being of their patients. in enthusiastically studying science, tech- (1) designates October 26, 2018, as ‘‘Day of f nology, engineering, and mathematics and in the Deployed’’; pursuing science-related careers that lead to (2) honors the deployed members of the AMENDMENTS SUBMITTED AND innovations and major scientific break- Armed Forces of the United States and the PROPOSED throughs; families of the members; SA 4073. Mr. PERDUE (for Mr. THUNE (for Whereas National Chemistry Week high- (3) calls on the people of the United States himself and Mr. NELSON)) proposed an lights many of the everyday uses of chem- to reflect on the service of those members of amendment to the bill S. 1092, to protect the istry, including in food, dyes and pigments, the Armed Forces, wherever the members right of law-abiding citizens to transport plastics, soaps and detergents, health prod- serve, past, present, and future; and knives interstate, notwithstanding a patch- ucts, and energy technologies; (4) encourages the people of the United work of local and State prohibitions. Whereas the theme of the 31st annual Na- States to observe the Day of the Deployed SA 4074. Mr. PERDUE (for Mr. BLUNT (for tional Chemistry Week is ‘‘Chemistry is out with appropriate ceremonies and activities. himself and Mr. COONS)) proposed an amend- of this world!’’, which highlights the role of ment to the bill S. 2961, to reauthorize sub- chemistry in the study of the chemical com- f title A of the Victims of Child Abuse Act of positions of and processes relating to stars, SENATE RESOLUTION 723—CON- 1990. planets, comets, and interstellar media; and GRATULATING THE AMERICAN SA 4075. Mr. PERDUE (for Mr. GRASSLEY) Whereas students who participate in Na- proposed an amendment to the bill H.R. 6964, tional Chemistry Week deserve recognition COLLEGE OF EMERGENCY PHYSI- to reauthorize and improve the Juvenile Jus- and support for their efforts: Now, therefore, CIANS ON ITS 50TH ANNIVER- tice and Delinquency Prevention Act of 1974, be it SARY Resolved, That the Senate— and for other purposes. Mr. REED (for himself and Mr. CAS- (1) designates the week beginning on Octo- SA 4076. Mr. PERDUE proposed an amend- ber 21, 2018, as ‘‘National Chemistry Week’’; SIDY) submitted the following resolu- ment to the resolution S. Res. 565, honoring (2) supports the goals of and welcomes the tion; which was considered and agreed the 40th anniversary of Naval Submarine participants in the 31st annual National to: Base Kings Bay in Kings Bay, Georgia. Chemistry Week; S. RES. 723 f (3) recognizes the need to promote the Whereas the American College of Emer- TEXT OF AMENDMENTS fields of science, including chemistry, tech- gency Physicians is the oldest and largest nology, engineering, and mathematics, and national medical specialty organization rep- SA 4073. Mr. PERDUE (for Mr. THUNE to encourage youth to pursue careers in resenting physicians who practice emer- (for himself and Mr. NELSON)) proposed these fields; and gency medicine; an amendment to the bill S. 1092, to (4) commends the American Chemical Soci- Whereas the American College of Emer- protect the right of law-abiding citi- ety and the partners of that society for orga- gency Physicians was founded in 1968 in Lan- zens to transport knives interstate, nizing and convening events and activities sing, Michigan by 8 physicians and has surrounding National Chemistry Week each notwithstanding a patchwork of local grown to represent more than 37,000 mem- and State prohibitions; as follows: year. bers belonging to 53 chapters, including 1 f chapter in each State, the Commonwealth of Strike all after the enacting clause and in- sert the following: SENATE RESOLUTION 722—DESIG- Puerto Rico, and the District of Columbia and the Government Services Chapter that SECTION 1. SHORT TITLE. NATING OCTOBER 26, 2018, AS represents emergency physicians employed This Act may be cited as the ‘‘Interstate ‘‘DAY OF THE DEPLOYED’’ by branches of the military and other Gov- Transport Act of 2018’’. Mr. HOEVEN (for himself, Ms. ernment agencies; SEC. 2. INTERSTATE TRANSPORTATION OF HEITKAMP, Mr. TESTER, Ms. WARREN, Whereas emergency physicians treat more KNIVES. and Mr. PETERS) submitted the fol- than 141,000,000 patients each year; (a) DEFINITION.—In this Act, the term lowing resolution; which was consid- Whereas ‘‘Anyone, Anything, Anytime’’ is ‘‘transport’’— the approach of emergency physicians who (1) includes staying in temporary lodging ered and agreed to: provide diagnosis and treatment services in overnight, common carrier misrouting or S. RES. 722 the health care system 24 hours a day, 7 days delays, stops for food, fuel, vehicle mainte- Whereas more than 2,100,000 individuals a week, 365 days a year; nance, emergencies, or medical treatment, serve as members of the Armed Forces of the Whereas emergency physicians are critical and any other activity related to the journey United States; to the ability of the United States to respond of a person; and Whereas several hundred thousand mem- to disasters and mass casualty events; (2) does not include transport of a knife bers of the Armed Forces rotate each year Whereas quick thinking and smart deci- with the intent to commit an offense punish- through deployments to more than 150 coun- sions by emergency physicians can save able by imprisonment for a term exceeding 1 tries in every region of the world; many lives every year; year involving the use or threatened use of Whereas several million members of the Whereas emergency physicians are leaders force against another person, or with knowl- Armed Forces have deployed to the area of in defining, evaluating, and improving qual- edge, or reasonable cause to believe, that operations of the United States Central Com- ity emergency care, focusing on individual such an offense is to be committed in the mand since the September 11, 2001, terrorist patients while advocating for the wellness of course of, or arising from, the journey. attacks; society as a whole; (b) TRANSPORT OF KNIVES.— Whereas the United States is kept strong Whereas emergency medicine was recog- (1) IN GENERAL.—Notwithstanding any and free by the loyal military personnel from nized in 1979 by the American Board of Med- other provision of any law or any rule or reg- the total force (the regular components, the ical Specialties as the 23rd medical specialty ulation of a State or any political subdivi- National Guard, and the Reserves), who pro- in the United States; sion thereof, a person who is not otherwise

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Mr. PERDUE (for Mr. grams and practices for combating juvenile sessing, transporting, shipping, or receiving GRASSLEY) proposed an amendment to delinquency; and’’; and a knife shall be entitled to transport a knife the bill H.R. 6964, to reauthorize and (4) by adding at the end the following: for any lawful purpose from any place where improve the Juvenile Justice and De- ‘‘(4) to support a continuum of evidence- the person may lawfully possess, carry, or based or promising programs (including de- transport the knife to any other place where linquency Prevention Act of 1974, and linquency prevention, intervention, mental the person may lawfully possess, carry, or for other purposes; as follows: health, behavioral health and substance transport the knife if— Strike all after the enacting clause and in- abuse treatment, family services, and serv- (A) in the case of transport by motor vehi- sert the following: ices for children exposed to violence) that cle, the knife— SECTION 1. SHORT TITLE. are trauma informed, reflect the science of (i) is not directly accessible from the pas- This Act may be cited as the ‘‘Juvenile adolescent development, and are designed to senger compartment of the motor vehicle; or Justice Reform Act of 2018’’. meet the needs of at-risk youth and youth (ii) in the case of a motor vehicle without SEC. 2. TABLE OF CONTENTS. who come into contact with the justice sys- a compartment separate from the passenger The table of contents for this Act is as fol- tem.’’. compartment, is contained in a locked con- lows: SEC. 102. DEFINITIONS. tainer other than the glove compartment or Section 103 of the Juvenile Justice and De- console; and Sec. 1. Short title. linquency Prevention Act of 1974 (34 U.S.C. (B) in the case of transport by means other Sec. 2. Table of contents. 11103) is amended— than a motor vehicle, including any trans- Sec. 3. Application of amendments. (1) in paragraph (8)— port over land or on or through water, the TITLE I—DECLARATION OF PURPOSE (A) in subparagraph (B)(ii), by adding ‘‘or’’ knife is contained in a locked container. AND DEFINITIONS at the end; (2) LIMITATION.—This subsection shall not Sec. 101. Purposes. (B) by striking subparagraph (C); and apply to the transport of a knife or tool in Sec. 102. Definitions. (C) by redesignating subparagraph (D) as the cabin of a passenger aircraft subject to TITLE II—CHARLES GRASSLEY JUVE- subparagraph (C); the rules and regulations of the Transpor- NILE JUSTICE AND DELINQUENCY PRE- (2) in paragraph (18)— tation Security Administration. VENTION PROGRAM (A) by inserting ‘‘for purposes of title II,’’ (c) EMERGENCY KNIVES.— before ‘‘the term’’; and Sec. 201. Concentration of Federal efforts. (1) IN GENERAL.—A person— (B) by adding at the end the following: Sec. 202. Coordinating Council on Juvenile (A) may carry in the passenger compart- ‘‘that has a law enforcement function, as de- ment of a mode of transportation a knife or Justice and Delinquency Pre- vention. termined by the Secretary of the Interior in tool— consultation with the Attorney General;’’; (i) the blades of which consist only of a Sec. 203. Annual report. Sec. 204. Allocation of funds. (3) by amending paragraph (22) to read as blunt tipped safety blade, a guarded blade, or follows: both; and Sec. 205. State plans. Sec. 206. Repeal of juvenile delinquency pre- ‘‘(22) the term ‘jail or lockup for adults’ (ii) that is specifically designed for ena- means a secure facility that is used by a bling escape in an emergency by cutting vention block grant program. Sec. 207. Research and evaluation; statis- State, unit of local government, or law en- safety belts; and forcement authority to detain or confine (B) shall not be required to secure a knife tical analyses; information dis- semination. adult inmates;’’; or tool described in subparagraph (A) in a (4) by amending paragraph (25) to read as locked container. Sec. 208. Training and technical assistance. Sec. 209. Administrative authority. follows: (2) LIMITATION.—This subsection shall not ‘‘(25) the term ‘sight or sound contact’ TITLE III—INCENTIVE GRANTS FOR apply to the transport of a knife or tool in means any physical, clear visual, or verbal PRISON REDUCTION THROUGH OPPOR- the cabin of a passenger aircraft subject to contact that is not brief and inadvertent;’’; TUNITIES, MENTORING, INTERVEN- the rules and regulations of the Transpor- (5) by amending paragraph (26) to read as TION, SUPPORT, AND EDUCATION tation Security Administration. follows: (d) NO ARREST.—A person who is trans- Sec. 301. Short Title. ‘‘(26) the term ‘adult inmate’— porting a knife in compliance with this sec- Sec. 302. Definitions. ‘‘(A) means an individual who— tion may not be arrested for violation of any Sec. 303. Duties and functions of the admin- ‘‘(i) has reached the age of full criminal re- law, rule, or regulation of a State or polit- istrator. sponsibility under applicable State law; and ical subdivision of a State related to the pos- Sec. 304. Grants for delinquency prevention ‘‘(ii) has been arrested and is in custody for session, transport, or carrying of a knife, un- programs. or awaiting trial on a criminal charge, or is less there is probable cause to believe that Sec. 305. Grants for tribal delinquency pre- convicted of a criminal offense; and the person is not in compliance with sub- vention and response programs. ‘‘(B) does not include an individual who— section (b). Sec. 306. Evaluation by Government Ac- ‘‘(i) at the time of the offense, was younger (e) COSTS.—If a person who asserts this sec- countability Office. than the maximum age at which a youth can tion as a claim or defense in a civil or crimi- Sec. 307. Technical amendment. be held in a juvenile facility under applicable nal action or proceeding is a prevailing party TITLE IV—MISCELLANEOUS PROVISIONS State law; and on the claim or defense, the court shall ‘‘(ii) was committed to the care and cus- award costs and reasonable attorney’s fees Sec. 401. Evaluation by Government Ac- tody or supervision, including post-place- incurred by the person. countability Office. Sec. 402. Authorization of appropriations; ment or parole supervision, of a juvenile cor- (f) EXPUNGEMENT.—If a person who asserts rectional agency by a court of competent ju- this section as a claim or defense in a crimi- accountability and oversight. risdiction or by operation of applicable State nal proceeding is a prevailing party on the SEC. 3. APPLICATION OF AMENDMENTS. law;’’; claim or defense, the court shall enter an The amendments made by this Act shall (6) in paragraph (28), by striking ‘‘and’’ at order that directs that there be expunged not apply with respect to funds appropriated the end; from all official records all references to— for any fiscal year that begins before the (7) in paragraph (29), by striking the period (1) the arrest of the person for the offense date of the enactment of this Act. at the end and inserting a semicolon; and as to which the claim or defense was as- TITLE I—DECLARATION OF PURPOSE AND (8) by adding at the end the following: serted; DEFINITIONS ‘‘(30) the term ‘core requirements’— (2) the institution of any criminal pro- SEC. 101. PURPOSES. ‘‘(A) means the requirements described in ceedings against the person relating to such Section 102 of the Juvenile Justice and De- paragraphs (11), (12), (13), and (15) of section offense; and linquency Prevention Act of 1974 (34 U.S.C. 223(a); and (3) the results of the proceedings, if any. 11102) is amended— ‘‘(B) does not include the data collection (g) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to limit any (1) in paragraph (1), by inserting ‘‘, tribal,’’ requirements described in subparagraphs (A) right to possess, carry, or transport a knife after ‘‘State’’; through (K) of section 207(1); under applicable State law. (2) in paragraph (2)— ‘‘(31) the term ‘chemical agent’ means a (A) by inserting ‘‘, tribal,’’ after ‘‘State’’; spray or injection used to temporarily inca- SA 4074. Mr. PERDUE (for Mr. BLUNT and pacitate a person, including oleoresin cap- (B) by striking ‘‘and’’ at the end; sicum spray, tear gas, and 2- (for himself and Mr. COONS)) proposed (3) by amending paragraph (3) to read as chlorobenzalmalononitrile gas; an amendment to the bill S. 2961, to re- follows: ‘‘(32) the term ‘isolation’— authorize subtitle A of the Victims of ‘‘(3) to assist State, tribal, and local gov- ‘‘(A) means any instance in which a youth Child Abuse Act of 1990; as follows: ernments in addressing juvenile crime is confined alone for more than 15 minutes in On page 28, line 3, strike ‘‘$19,000,000’’ and through the provision of technical assist- a room or cell; and insert ‘‘$16,000,000’’. ance, research, training, evaluation, and the ‘‘(B) does not include— On page 28, line 7, strike ‘‘$6,000,000’’ and dissemination of current and relevant infor- ‘‘(i) confinement during regularly sched- insert ‘‘$5,000,000’’. mation on effective and evidence-based pro- uled sleeping hours;

VerDate Sep 11 2014 04:27 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.049 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7439 ‘‘(ii) separation based on a treatment pro- rates than non-minority youth at that deci- (ii) by striking ‘‘Commissioner of Immigra- gram approved by a licensed medical or men- sion point; tion and Naturalization’’ and inserting ‘‘As- tal health professional; ‘‘(42) the term ‘status offender’ means a ju- sistant Secretary for Immigration and Cus- ‘‘(iii) confinement or separation that is re- venile who is charged with or who has com- toms Enforcement’’; and quested by the youth; or mitted an offense that would not be criminal (B) in paragraph (2), by striking ‘‘United ‘‘(iv) the separation of the youth from a if committed by an adult; States’’ and inserting ‘‘Federal Govern- group in a nonlocked setting for the limited ‘‘(43) the term ‘rural’ means an area that is ment’’; and purpose of calming; not located in a metropolitan statistical (2) in subsection (c)— ‘‘(33) the term ‘restraints’ has the meaning area, as defined by the Office of Management (A) in paragraph (1), by striking ‘‘para- given that term in section 591 of the Public and Budget; graphs (12)(A), (13), and (14) of section 223(a) Health Service Act (42 U.S.C. 290ii); ‘‘(44) the term ‘internal controls’ means a of this title’’ and inserting ‘‘the core require- ‘‘(34) the term ‘evidence-based’ means a process implemented to provide reasonable ments’’; and program or practice that— assurance regarding the achievement of ob- (B) in paragraph (2)— ‘‘(A) is demonstrated to be effective when jectives in— (i) in the matter preceding subparagraph implemented with fidelity; ‘‘(A) effectiveness and efficiency of oper- (A), by inserting ‘‘, on an annual basis’’ after ‘‘(B) is based on a clearly articulated and ations, such as grant management practices; ‘‘collectively’’; and empirically supported theory; ‘‘(B) reliability of reporting for internal (ii) by striking subparagraph (B) and in- ‘‘(C) has measurable outcomes relevant to and external use; and serting the following: ‘‘(C) compliance with applicable laws and juvenile justice, including a detailed descrip- ‘‘(B) not later than 120 days after the com- regulations, as well as recommendations of tion of the outcomes produced in a par- pletion of the last meeting of the Council the Office of Inspector General and the Gov- ticular population, whether urban or rural; during any fiscal year, submit to the Com- ernment Accountability Office; and and mittee on Education and the Workforce of ‘‘(45) the term ‘tribal government’ means ‘‘(D) has been scientifically tested and the House of Representatives and the Com- the governing body of an Indian Tribe.’’. proven effective through randomized control mittee on the Judiciary of the Senate a re- studies or comparison group studies and with TITLE II—CHARLES GRASSLEY JUVENILE port that— the ability to replicate and scale; JUSTICE AND DELINQUENCY PREVEN- ‘‘(i) contains the recommendations de- ‘‘(35) the term ‘promising’ means a pro- TION PROGRAM scribed in subparagraph (A); gram or practice that— SEC. 201. CONCENTRATION OF FEDERAL EF- ‘‘(ii) includes a detailed account of the ac- ‘‘(A) is demonstrated to be effective based FORTS. tivities conducted by the Council during the on positive outcomes relevant to juvenile Section 204 of the Juvenile Justice and De- fiscal year, including a complete detailed ac- justice from one or more objective, inde- linquency Prevention Act of 1974 (34 U.S.C. counting of expenses incurred by the Council pendent, and scientifically valid evaluations, 11114) is amended— to conduct operations in accordance with as documented in writing to the Adminis- (1) in subsection (a)— this section; (A) in paragraph (1), in the first sentence— trator; and ‘‘(iii) is published on the websites of the Of- (i) by striking ‘‘a long-term plan, and im- ‘‘(B) will be evaluated through a well-de- fice of Juvenile Justice and Delinquency plement’’ and inserting the following: ‘‘a signed and rigorous study, as described in Prevention, the Council, and the Department long-term plan to improve the juvenile jus- paragraph (34)(D); of Justice; and tice system in the United States, taking into ‘‘(36) the term ‘dangerous practice’ means ‘‘(iv) is in addition to the annual report re- account scientific knowledge regarding ado- an act, procedure, or program that creates quired under section 207.’’. lescent development and behavior and re- an unreasonable risk of physical injury, garding the effects of delinquency prevention SEC. 203. ANNUAL REPORT. pain, or psychological harm to a juvenile programs and juvenile justice interventions subjected to the act, procedure, or program; Section 207 of the Juvenile Justice and De- on adolescents, and shall implement’’; and linquency Prevention Act of 1974 (34 U.S.C. ‘‘(37) the term ‘screening’ means a brief (ii) by striking ‘‘research, and improve- process— ment of the juvenile justice system in the 11117) is amended— ‘‘(A) designed to identify youth who may United States’’ and inserting ‘‘and re- (1) in the matter preceding paragraph (1), have mental health, behavioral health, sub- search’’; and by striking ‘‘a fiscal year’’ and inserting stance abuse, or other needs requiring imme- (B) in paragraph (2)(B), by striking ‘‘Fed- ‘‘each fiscal year’’; diate attention, intervention, and further eral Register’’ and all that follows and in- (2) in paragraph (1)— evaluation; and serting ‘‘Federal Register during the 30-day (A) in subparagraph (B), by striking ‘‘and ‘‘(B) the purpose of which is to quickly period ending on October 1 of each year.’’; gender’’ and inserting ‘‘, gender, and eth- identify a youth with possible mental health, and nicity, as such term is defined by the Bureau behavioral health, substance abuse, or other (2) in subsection (b)— of the Census,’’; needs in need of further assessment; (A) by striking paragraph (7); (B) in subparagraph (E), by striking ‘‘and’’ ‘‘(38) the term ‘assessment’ includes, at a (B) by redesignating paragraphs (5) and (6) at the end; minimum, an interview and review of avail- as paragraphs (6) and (7), respectively; (C) in subparagraph (F)— able records and other pertinent informa- (C) by inserting after paragraph (4), the fol- (i) by inserting ‘‘and other’’ before ‘‘dis- tion— lowing: abilities,’’; and ‘‘(A) by an appropriately trained profes- ‘‘(5) not later than 1 year after the date of (ii) by striking the period at the end and sional who is licensed or certified by the ap- enactment of the Juvenile Justice Reform inserting a semicolon; and plicable State in the mental health, behav- Act of 2018, in consultation with Indian (D) by adding at the end the following: ioral health, or substance abuse fields; and Tribes, develop a policy for the Office of Ju- ‘‘(G) a summary of data from 1 month of ‘‘(B) which is designed to identify signifi- venile Justice and Delinquency Prevention the applicable fiscal year of the use of re- cant mental health, behavioral health, or to collaborate with representatives of Indian straints and isolation upon juveniles held in substance abuse treatment needs to be ad- Tribes with a criminal justice function on the custody of secure detention and correc- dressed during a youth’s confinement; the implementation of the provisions of this tional facilities operated by a State or unit ‘‘(39) for purposes of section 223(a)(15), the Act relating to Indian Tribes;’’; of local government; term ‘contact’ means the points at which a (D) in paragraph (6), as so redesignated, by ‘‘(H) the number of status offense cases pe- youth and the juvenile justice system or adding ‘‘and’’ at the end; and titioned to court, number of status offenders criminal justice system officially intersect, (E) in paragraph (7), as so redesignated— held in secure detention, the findings used to including interactions with a juvenile jus- (i) by striking ‘‘monitoring’’; justify the use of secure detention, and the tice, juvenile court, or law enforcement offi- (ii) by striking ‘‘section 223(a)(15)’’ and in- average period of time a status offender was cial; serting ‘‘section 223(a)(14)’’; and held in secure detention; ‘‘(40) the term ‘trauma-informed’ means— (iii) by striking ‘‘to review the adequacy of ‘‘(I) the number of juveniles released from ‘‘(A) understanding the impact that expo- such systems; and’’ and inserting ‘‘for moni- custody and the type of living arrangement sure to violence and trauma have on a toring compliance.’’. to which they are released; youth’s physical, psychological, and psycho- SEC. 202. COORDINATING COUNCIL ON JUVENILE ‘‘(J) the number of juveniles whose offense social development; JUSTICE AND DELINQUENCY PRE- originated on school grounds, during school- ‘‘(B) recognizing when a youth has been ex- VENTION. sponsored off-campus activities, or due to a posed to violence and trauma and is in need Section 206 of the Juvenile Justice and De- referral by a school official, as collected and of help to recover from the adverse impacts linquency Prevention Act of 1974 (34 U.S.C. reported by the Department of Education or of trauma; and 11116) is amended— similar State educational agency; and ‘‘(C) responding in ways that resist re- (1) in subsection (a)— ‘‘(K) the number of juveniles in the cus- traumatization; (A) in paragraph (1)— tody of secure detention and correctional fa- ‘‘(41) the term ‘racial and ethnic disparity’ (i) by inserting ‘‘the Assistant Secretary cilities operated by a State or unit of local means minority youth populations are in- for Mental Health and Substance Use, the or tribal government who report being preg- volved at a decision point in the juvenile jus- Secretary of the Interior,’’ after ‘‘the Sec- nant.’’; and tice system at disproportionately higher retary of Health and Human Services,’’; and (3) by adding at the end the following:

VerDate Sep 11 2014 04:27 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.050 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7440 CONGRESSIONAL RECORD — SENATE December 11, 2018 ‘‘(5) A description of the criteria used to Samoa, and the Commonwealth of the North- vidual with expertise in addressing the chal- determine what programs qualify as evi- ern Mariana Islands for that fiscal year shall lenges of sexual abuse and exploitation and dence-based and promising programs under be not less than $100,000.’’; trauma, particularly the needs of youth who this title and title V and a comprehensive (2) in subsection (c), by striking ‘‘efficient experience disproportionate levels of sexual list of those programs the Administrator has administration, including monitoring, eval- abuse, exploitation, and trauma before enter- determined meet such criteria in both rural uation, and one full-time staff position’’ and ing the juvenile justice system; and and urban areas. inserting ‘‘effective and efficient administra- ‘‘(X) for a State in which one or more In- ‘‘(6) A description of funding provided to tion of funds, including the designation of dian Tribes are located, an Indian tribal rep- Indian Tribes under this Act or for a juvenile not less than one individual who shall co- resentative (if such representative is avail- delinquency or prevention program under ordinate efforts to achieve and sustain com- able) or other individual with significant ex- the Tribal Law and Order Act of 2010 (Public pliance with the core requirements and cer- pertise in tribal law enforcement and juve- Law 111–211; 124 Stat. 2261), including direct tify whether the State is in compliance with nile justice in Indian tribal communities;’’; Federal grants and funding provided to In- such requirements’’; and (III) in clause (iv), by striking ‘‘24 at the dian Tribes through a State or unit of local (3) in subsection (d), by striking ‘‘5 per cen- time of appointment’’ and inserting ‘‘28 at government. tum of the minimum’’ and inserting ‘‘not the time of initial appointment’’; and ‘‘(7) An analysis and evaluation of the in- more than 5 percent of the’’. (IV) in clause (v) by inserting ‘‘or, if not ternal controls at the Office of Juvenile Jus- (c) CHARLES GRASSLEY JUVENILE JUSTICE feasible and in appropriate circumstances, tice and Delinquency Prevention to deter- AND DELINQUENCY PREVENTION PROGRAM.— who is the parent or guardian of someone mine if grantees are following the require- Part B of title II of the Juvenile Justice and who has been or is currently under the juris- ments of the Office of Juvenile Justice and Delinquency Prevention Act of 1974 (34 diction of the juvenile justice system’’ after Delinquency Prevention grant programs and U.S.C. 11131 et seq.) is amended— ‘‘juvenile justice system’’; what remedial action the Office of Juvenile (1) in the part heading, by striking ‘‘FED- (ii) in subparagraph (C), by striking ‘‘30 Justice and Delinquency Prevention has ERAL ASSISTANCE FOR STATE AND LOCAL PRO- days’’ and inserting ‘‘45 days’’; taken to recover any grant funds that are ex- GRAMS’’ and inserting ‘‘CHARLES GRASSLEY (iii) in subparagraph (D)— pended in violation of the grant programs, JUVENILE JUSTICE AND DELINQUENCY PREVEN- (I) in clause (i), by striking ‘‘and’’ at the including instances— TION PROGRAM’’; and end; and ‘‘(A) in which supporting documentation (2) by inserting before section 221 the fol- (II) in clause (ii), by striking ‘‘at least an- was not provided for cost reports; lowing: nually recommendations regarding State compliance with the requirements of para- ‘‘(B) where unauthorized expenditures oc- ‘‘SHORT TITLE curred; or graphs (11), (12), and (13)’’ and inserting ‘‘at ‘‘SEC. 220. This part may be cited as the least every 2 years a report and necessary ‘‘(C) where subrecipients of grant funds ‘Charles Grassley Juvenile Justice and De- were not compliant with program require- recommendations regarding State compli- linquency Prevention Program’.’’. ance with the core requirements’’; and ments. SEC. 205. STATE PLANS. ‘‘(8) An analysis and evaluation of the (iv) in subparagraph (E)— Section 223 of the Juvenile Justice and De- (I) in clause (i), by adding ‘‘and’’ at the total amount of payments made to grantees linquency Prevention Act of 1974 (34 U.S.C. that the Office of Juvenile Justice and Delin- end; and 11133) is amended— (II) in clause (ii), by striking the period at quency Prevention recouped from grantees (1) in subsection (a)— the end and inserting a semicolon; that were found to be in violation of policies (A) in the matter preceding paragraph (1), (D) in paragraph (5)(C), by striking ‘‘Indian and procedures of the Office of Juvenile Jus- by striking ‘‘and shall describe the status of tribes’’ and all that follows through ‘‘appli- tice and Delinquency Prevention grant pro- compliance with State plan requirements.’’ cable to the detention and confinement of ju- grams, including— and inserting ‘‘and shall describe how the veniles’’ and inserting ‘‘Indian Tribes that ‘‘(A) the full name and location of the State plan is supported by or takes account agree to attempt to comply with the core re- grantee; of scientific knowledge regarding adolescent quirements applicable to the detention and ‘‘(B) the violation of the program found; development and behavior and regarding the confinement of juveniles’’; ‘‘(C) the amount of funds sought to be re- effects of delinquency prevention programs (E) in paragraph (7)— couped by the Office of Juvenile Justice and and juvenile justice interventions on adoles- (i) in subparagraph (A), by striking ‘‘per- Delinquency Prevention; and cents. Not later than 60 days after the date forms law enforcement functions’’ and in- ‘‘(D) the actual amount recouped by the on which a plan or amended plan submitted serting ‘‘has jurisdiction’’; and Office of Juvenile Justice and Delinquency under this subsection is finalized, a State (ii) in subparagraph (B)— Prevention.’’. shall make the plan or amended plan pub- (I) in clause (iii), by striking ‘‘and’’ at the SEC. 204. ALLOCATION OF FUNDS. licly available by posting the plan or amend- end; and (a) TECHNICAL ASSISTANCE.—Section ed plan on the State’s publicly available (II) by striking clause (iv) and inserting 221(b)(1) of the Juvenile Justice and Delin- website.’’; the following: quency Prevention Act of 1974 (34 U.S.C. (B) in paragraph (1), by striking ‘‘described ‘‘(iv) a plan to provide alternatives to de- 11131(b)(1)) is amended by striking ‘‘2 per- in section 299(c)(1)’’ and inserting ‘‘as des- tention for status offenders, survivors of cent’’ and inserting ‘‘5 percent’’. ignated by the chief executive officer of the commercial sexual exploitation, and others, (b) OTHER ALLOCATIONS.—Section 222 of the State’’; where appropriate, such as specialized or Juvenile Justice and Delinquency Preven- (C) in paragraph (3)— problem-solving courts or diversion to home- tion Act of 1974 (34 U.S.C. 11132) is amended— (i) in subparagraph (A)— based or community-based services or treat- (1) in subsection (a)— (I) in clause (i), by inserting ‘‘adolescent ment for those youth in need of mental (A) in paragraph (1), by striking ‘‘age development,’’ after ‘‘concerning’’; health, substance abuse, or co-occurring dis- eighteen’’ and inserting ‘‘18 years of age, (II) in clause (ii)— order services at the time such juveniles based on the most recent data available from (aa) in subclause (III), by striking ‘‘mental first come into contact with the juvenile jus- the Bureau of the Census’’; and health, education, special education’’ and in- tice system; (B) by striking paragraphs (2) and (3) and serting ‘‘child and adolescent mental health, ‘‘(v) a plan to reduce the number of chil- inserting the following: education, child and adolescent substance dren housed in secure detention and correc- ‘‘(2)(A) If the aggregate amount appro- abuse, special education, services for youth tions facilities who are awaiting placement priated for a fiscal year to carry out this with disabilities’’; in residential treatment programs; title is less than $75,000,000, then— (bb) in subclause (V), by striking ‘‘(vi) a plan to engage family members, ‘‘(i) the amount allocated to each State ‘‘delinquents or potential delinquents’’ and where appropriate, in the design and delivery other than a State described in clause (ii) for inserting ‘‘delinquent youth or youth at risk of juvenile delinquency prevention and treat- that fiscal year shall be not less than of delinquency’’; ment services, particularly post-placement; $400,000; and (cc) in subclause (VI), by striking ‘‘youth ‘‘(vii) a plan to use community-based serv- ‘‘(ii) the amount allocated to the United workers involved with’’ and inserting ‘‘rep- ices to respond to the needs of at-risk youth States Virgin Islands, Guam, American resentatives of’’; or youth who have come into contact with Samoa, and the Commonwealth of the North- (dd) in subclause (VII), by striking ‘‘and’’ the juvenile justice system; ern Mariana Islands for that fiscal year shall at the end; ‘‘(viii) a plan to promote evidence-based be not less than $75,000. (ee) by striking subclause (VIII) and insert- and trauma-informed programs and prac- ‘‘(B) If the aggregate amount appropriated ing the following: tices; and for a fiscal year to carry out this title is not ‘‘(VIII) persons, licensed or certified by the ‘‘(ix) not later than 1 year after the date of less than $75,000,000, then— applicable State, with expertise and com- enactment of the Juvenile Justice Reform ‘‘(i) the amount allocated to each State petence in preventing and addressing mental Act of 2018, a plan which shall be imple- other than a State described in clause (ii) for health and substance abuse needs in delin- mented not later than 2 years after the date that fiscal year shall be not less than quent youth and youth at risk of delin- of enactment of the Juvenile Justice Reform $600,000; and quency; Act of 2018, to— ‘‘(ii) the amount allocated to the United ‘‘(IX) representatives of victim or witness ‘‘(I) eliminate the use of restraints of States Virgin Islands, Guam, American advocacy groups, including at least one indi- known pregnant juveniles housed in secure

VerDate Sep 11 2014 04:27 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.050 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7441 juvenile detention and correction facilities, (aa) by striking ‘‘by the provision by the ‘‘(ii) in determining under clause (i) wheth- during labor, delivery, and post-partum re- Administrator’’; and er it is in the interest of justice to permit a covery, unless credible, reasonable grounds (bb) by striking ‘‘to States’’; juvenile to be held in any jail or lockup for exist to believe the detainee presents an im- (x) in subparagraph (N), as so redesig- adults, or have sight or sound contact with mediate and serious threat of hurting her- nated— adult inmates, a court shall consider— self, staff, or others; and (I) by inserting ‘‘and reduce the risk of re- ‘‘(I) the age of the juvenile; ‘‘(II) eliminate the use of abdominal re- cidivism’’ after ‘‘families’’; and ‘‘(II) the physical and mental maturity of straints, leg and ankle restraints, wrist re- (II) by striking ‘‘so that such juveniles the juvenile; straints behind the back, and four-point re- may be retained in their homes’’; ‘‘(III) the present mental state of the juve- straints on known pregnant juveniles, un- (xi) in subparagraph (S), as so redesig- nile, including whether the juvenile presents less— nated, by striking ‘‘and’’ at the end; an imminent risk of harm to the juvenile; ‘‘(aa) credible, reasonable grounds exist to (xii) in subparagraph (T), as so redesig- ‘‘(IV) the nature and circumstances of the believe the detainee presents an immediate nated— alleged offense; and serious threat of hurting herself, staff, (I) by inserting ‘‘or co-occurring disorder’’ ‘‘(V) the juvenile’s history of prior delin- or others; or after ‘‘mental health’’; quent acts; ‘‘(bb) reasonable grounds exist to believe (II) by inserting ‘‘court-involved or’’ before ‘‘(VI) the relative ability of the available the detainee presents an immediate and ‘‘incarcerated’’; adult and juvenile detention facilities to not credible risk of escape that cannot be reason- (III) by striking ‘‘suspected to be’’; only meet the specific needs of the juvenile ably minimized through any other method;’’; (IV) by striking ‘‘and discharge plans’’ and but also to protect the safety of the public as (F) in paragraph (8), by striking ‘‘existing’’ inserting ‘‘provision of treatment, and devel- well as other detained youth; and and inserting ‘‘evidence-based and prom- opment of discharge plans’’; and ‘‘(VII) any other relevant factor; and ising’’; (V) by striking the period at the end and ‘‘(iii) if a court determines under clause (i) (G) in paragraph (9)— inserting a semicolon; and that it is in the interest of justice to permit (i) in the matter preceding subparagraph (xiii) by inserting after subparagraph (T) a juvenile to be held in any jail or lockup for (A), by inserting ‘‘, with priority in funding the following: adults— given to entities meeting the criteria for evi- ‘‘(U) programs and projects designed— ‘‘(I) the court shall hold a hearing not less dence-based or promising programs’’ after ‘‘(i) to inform juveniles of the opportunity frequently than once every 30 days, or in the ‘‘used for’’; and process for sealing and expunging juve- case of a rural jurisdiction, not less fre- (ii) in subparagraph (A)— nile records; and quently than once every 45 days, to review (I) in clause (i)— ‘‘(ii) to assist juveniles in pursuing juve- whether it is still in the interest of justice to (aa) by inserting ‘‘status offenders and nile record sealing and expungements for permit the juvenile to be so held or have other’’ before ‘‘youth who need’’; and both adjudications and arrests not followed such sight or sound contact; and (bb) by striking ‘‘and’’ at the end; by adjudications; ‘‘(II) the juvenile shall not be held in any (II) in clause (ii) by adding ‘‘and’’ at the except that the State may not use more than jail or lockup for adults, or permitted to end; and 2 percent of the funds received under section have sight or sound contact with adult in- (III) by inserting after clause (ii) the fol- 222 for these purposes; mates, for more than 180 days, unless the court, in writing, determines there is good lowing: ‘‘(V) programs that address the needs of cause for an extension or the juvenile ex- ‘‘(iii) for youth who need specialized inten- girls in or at risk of entering the juvenile pressly waives this limitation;’’. sive and comprehensive services that address justice system, including pregnant girls, (I) in paragraph (12)(A), by striking ‘‘con- the unique issues encountered by youth young mothers, survivors of commercial sex- tact’’ and inserting ‘‘sight or sound con- when they become involved with gangs;’’; ual exploitation or domestic child sex traf- tact’’; (iii) in subparagraph (B)(i)— ficking, girls with disabilities, and girls of (J) in paragraph (13), by striking ‘‘contact’’ (I) by striking ‘‘parents and other family color, including girls who are members of an each place it appears and inserting ‘‘sight or members’’ and inserting ‘‘status offenders, Indian Tribe; and sound contact’’; other youth, and the parents and other fam- ‘‘(W) monitoring for compliance with the (K) in paragraph (14)— ily members of such offenders and youth’’; core requirements and providing training and technical assistance on the core require- (i) by striking ‘‘adequate system’’ and in- and serting ‘‘effective system’’; (II) by striking ‘‘be retained’’ and inserting ments to secure facilities;’’; (H) by striking paragraph (11) and insert- (ii) by inserting ‘‘lock-ups,’’ after ‘‘moni- ‘‘remain’’; toring jails,’’; (iv) in subparagraph (E)— ing the following: ‘‘(11)(A) in accordance with rules issued by (iii) by inserting ‘‘and’’ after ‘‘detention fa- (I) in the matter preceding clause (i), by cilities,’’; striking ‘‘delinquent’’ and inserting ‘‘at-risk the Administrator, provide that a juvenile shall not be placed in a secure detention fa- (iv) by striking ‘‘, and non-secure facili- or delinquent youth’’; and ties’’; (II) in clause (i), by inserting ‘‘, including cility or a secure correctional facility, if— ‘‘(i) the juvenile is charged with or has (v) by striking ‘‘insure’’ and inserting ‘‘en- for truancy prevention and reduction’’ before sure’’; the semicolon; committed an offense that would not be criminal if committed by an adult, exclud- (vi) by striking ‘‘requirements of para- (v) in subparagraph (F), in the matter pre- ing— graphs (11), (12), and (13)’’ and inserting ceding clause (i), by striking ‘‘expanding’’ ‘‘(I) a juvenile who is charged with or has ‘‘core requirements’’; and and inserting ‘‘programs to expand’’; committed a violation of section 922(x)(2) of (vii) by striking ‘‘, in the opinion of the (vi) by redesignating subparagraphs (G) title 18, United States Code, or of a similar Administrator,’’; through (S) as subparagraphs (H) through State law; (L) by striking paragraphs (22) and (27); (T), respectively; ‘‘(II) a juvenile who is charged with or has (M) by redesignating paragraph (28) as (vii) by inserting after subparagraph (F), committed a violation of a valid court order paragraph (27); the following: issued and reviewed in accordance with para- (N) by redesignating paragraphs (15) ‘‘(G) programs— graph (23); and through (21) as paragraphs (16) through (22), ‘‘(i) to ensure youth have access to appro- ‘‘(III) a juvenile who is held in accordance respectively; priate legal representation; and with the Interstate Compact on Juveniles as (O) by inserting after paragraph (14) the ‘‘(ii) to expand access to publicly sup- enacted by the State; or following: ported, court-appointed legal counsel who ‘‘(ii) the juvenile— ‘‘(15) implement policy, practice, and sys- are trained to represent juveniles in adju- ‘‘(I) is not charged with any offense; and tem improvement strategies at the State, dication proceedings, ‘‘(II)(aa) is an alien; or territorial, local, and tribal levels, as appli- except that the State may not use more than ‘‘(bb) is alleged to be dependent, neglected, cable, to identify and reduce racial and eth- 2 percent of the funds received under section or abused; and nic disparities among youth who come into 222 for these purposes;’’; ‘‘(B) require that— contact with the juvenile justice system, (viii) in subparagraph (H), as so redesig- ‘‘(i) not later than 3 years after the date of without establishing or requiring numerical nated, by striking ‘‘State,’’ each place the enactment of the Juvenile Justice Reform standards or quotas, by— term appears and inserting ‘‘State, tribal,’’; Act of 2018, unless a court finds, after a hear- ‘‘(A) establishing or designating existing (ix) in subparagraph (M), as so redesig- ing and in writing, that it is in the interest coordinating bodies, composed of juvenile nated— of justice, juveniles awaiting trial or other justice stakeholders, (including representa- (I) in clause (i)— legal process who are treated as adults for tives of the educational system) at the (aa) by inserting ‘‘pre-adjudication and’’ purposes of prosecution in criminal court State, local, or tribal levels, to advise efforts before ‘‘post-adjudication’’; and housed in a secure facility— by States, units of local government, and In- (bb) by striking ‘‘restraints’’ and inserting ‘‘(I) shall not have sight or sound contact dian Tribes to reduce racial and ethnic dis- ‘‘alternatives’’; and with adult inmates; and parities; (cc) by inserting ‘‘specialized or problem- ‘‘(II) except as provided in paragraph (13), ‘‘(B) identifying and analyzing data on race solving courts,’’ after ‘‘(including’’; and may not be held in any jail or lockup for and ethnicity at decision points in State, (II) in clause (ii)— adults; local, or tribal juvenile justice systems to

VerDate Sep 11 2014 04:27 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.050 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7442 CONGRESSIONAL RECORD — SENATE December 11, 2018 determine which such points create racial Federal and State funds directed at juvenile such core requirement with respect to which and ethnic disparities among youth who delinquency prevention and intervention the State is in noncompliance; or come into contact with the juvenile justice programs; ‘‘(ii) the Administrator determines that system; and ‘‘(29) describe the policies, procedures, and the State— ‘‘(C) developing and implementing a work training in effect for the staff of juvenile ‘‘(I) has achieved substantial compliance plan that includes measurable objectives for State correctional facilities to eliminate the with such applicable requirements with re- policy, practice, or other system changes, use of dangerous practices, unreasonable re- spect to which the State was not in compli- based on the needs identified in the data col- straints, and unreasonable isolation, includ- ance; and lection and analysis under subparagraph ing by developing effective behavior manage- ‘‘(II) has made, through appropriate execu- (B);’’; ment techniques; tive or legislative action, an unequivocal (P) in paragraph (16), as so redesignated, by ‘‘(30) describe— commitment to achieving full compliance inserting ‘‘ethnicity,’’ after ‘‘race,’’; ‘‘(A) the evidence-based methods that will with such applicable requirements within a (Q) in paragraph (21), as so redesignated, by be used to conduct mental health and sub- reasonable time. striking ‘‘local,’’ each place the term ap- stance abuse screening, assessment, referral, ‘‘(2) Of the total amount of funds not allo- pears and inserting ‘‘local, tribal,’’; and treatment for juveniles who— cated for a fiscal year under paragraph (1)— (R) in paragraph (23)— ‘‘(i) request a screening; ‘‘(A) 50 percent of the unallocated funds (i) in subparagraphs (A), (B), and (C), by ‘‘(ii) show signs of needing a screening; or shall be reallocated under section 222 to striking ‘‘juvenile’’ each place it appears and ‘‘(iii) are held for a period of more than 24 States that have not failed to comply with inserting ‘‘status offender’’; hours in a secure facility that provides for the core requirements; and (ii) in subparagraph (B), by striking ‘‘and’’ an initial screening; and ‘‘(B) 50 percent of the unallocated funds at the end; ‘‘(B) how the State will seek, to the extent shall be used by the Administrator to pro- (iii) in subparagraph (C)— practicable, to provide or arrange for mental vide additional training and technical assist- (I) in clause (i), by striking ‘‘and’’ at the health and substance abuse disorder treat- ance to States for the purpose of promoting end; ment for juveniles determined to be in need compliance with the core requirements.’’; (II) in clause (ii), by adding ‘‘and’’ at the of such treatment; (3) in subsection (d)— end; and ‘‘(31) describe how reentry planning by the (A) by striking ‘‘described in paragraphs (III) by adding at the end the following: State for juveniles will include— (11), (12), (13), and (22) of subsection (a)’’ and ‘‘(iii) if such court determines the status ‘‘(A) a written case plan based on an as- inserting ‘‘described in the core require- offender should be placed in a secure deten- sessment of needs that includes— tion facility or correctional facility for vio- ments’’; and ‘‘(i) the pre-release and post-release plans (B) by striking ‘‘the requirements under lating such order— for the juveniles; ‘‘(I) the court shall issue a written order paragraphs (11), (12), (13), and (22) of sub- ‘‘(ii) the living arrangement to which the section (a)’’ and inserting ‘‘the core require- that— juveniles are to be discharged; and ‘‘(aa) identifies the valid court order that ments’’; ‘‘(iii) any other plans developed for the ju- (4) in subsection (f)(2)— has been violated; veniles based on an individualized assess- ‘‘(bb) specifies the factual basis for deter- (A) by striking subparagraph (A); and ment; and mining that there is reasonable cause to be- (B) by redesignating subparagraphs (B) ‘‘(B) review processes; lieve that the status offender has violated through (E) as subparagraphs (A) through ‘‘(32) provide an assurance that the agency such order; (D), respectively; and of the State receiving funds under this title ‘‘(cc) includes findings of fact to support a (5) by adding at the end the following: collaborates with the State educational determination that there is no appropriate ‘‘(g) COMPLIANCE DETERMINATION.— agency receiving assistance under part A of less restrictive alternative available to plac- ‘‘(1) IN GENERAL.—For each fiscal year, the title I of the Elementary and Secondary Edu- ing the status offender in such a facility, Administrator shall make a determination cation Act of 1965 (20 U.S.C. 6311 et seq.) to with due consideration to the best interest of regarding whether each State receiving a develop and implement a plan to ensure that, the juvenile; grant under this title is in compliance or out ‘‘(dd) specifies the length of time, not to in order to support educational progress— of compliance with respect to each of the exceed 7 days, that the status offender may ‘‘(A) the student records of adjudicated ju- core requirements. veniles, including electronic records if avail- remain in a secure detention facility or cor- ‘‘(2) REPORTING.—The Administrator rectional facility, and includes a plan for the able, are transferred in a timely manner shall— status offender’s release from such facility; from the educational program in the juvenile ‘‘(A) issue an annual public report— and detention or secure treatment facility to the ‘‘(i) describing any determination de- ‘‘(ee) may not be renewed or extended; and educational or training program into which scribed in paragraph (1) made during the pre- ‘‘(II) the court may not issue a second or the juveniles will enroll; vious year, including a summary of the in- subsequent order described in subclause (I) ‘‘(B) the credits of adjudicated juveniles formation on which the determination is relating to a status offender unless the sta- are transferred; and based and the actions to be taken by the Ad- tus offender violates a valid court order after ‘‘(C) adjudicated juveniles receive full or ministrator (including a description of any the date on which the court issues an order partial credit toward high school graduation reduction imposed under subsection (c)); and described in subclause (I); and’’; and for secondary school coursework satisfac- ‘‘(ii) for any such determination that a (iv) by adding at the end the following: torily completed before and during the pe- State is out of compliance with any of the ‘‘(D) there are procedures in place to en- riod of time during which the juveniles are core requirements, describing the basis for sure that any status offender held in a secure held in custody, regardless of the local edu- the determination; and detention facility or correctional facility cational agency or entity from which the ‘‘(B) make the report described in subpara- pursuant to a court order described in this credits were earned; and graph (A) available on a publicly available paragraph does not remain in custody longer ‘‘(33) describe policies and procedures to— website. ‘‘(A) screen for, identify, and document in than 7 days or the length of time authorized ‘‘(3) DETERMINATIONS REQUIRED.—The Ad- by the court, whichever is shorter;’’; records of the State the identification of vic- ministrator may not— (S) in paragraph (26)— tims of domestic human trafficking, or those ‘‘(A) determine that a State is ‘not out of (i) by inserting ‘‘and in accordance with at risk of such trafficking, upon intake; and compliance’, or issue any other determina- confidentiality concerns,’’ after ‘‘maximum ‘‘(B) divert youth described in subpara- tion not described in paragraph (1), with re- extent practicable,’’; and graph (A) to appropriate programs or serv- spect to any core requirement; or (ii) by striking the semicolon at the end ices, to the extent practicable.’’; ‘‘(B) otherwise fail to make the compliance and inserting the following: ‘‘, so as to pro- (2) by amending subsection (c) to read as determinations required under paragraph vide for— follows: (1).’’. ‘‘(A) data in child abuse or neglect reports ‘‘(c)(1) If a State fails to comply with any relating to juveniles entering the juvenile of the core requirements in any fiscal year, SEC. 206. REPEAL OF JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PRO- justice system with a prior reported history then— GRAM. of arrest, court intake, probation and parole, ‘‘(A) subject to subparagraph (B), the juvenile detention, and corrections; and amount allocated to such State under sec- Part C of title II of the Juvenile Justice ‘‘(B) a plan to use the data described in tion 222 for the subsequent fiscal year shall and Delinquency Prevention Act of 1974 (34 subparagraph (A) to provide necessary serv- be reduced by not less than 20 percent for U.S.C. 11141 et seq.) is repealed. ices for the treatment of such victims of each core requirement with respect to which SEC. 207. RESEARCH AND EVALUATION; STATIS- child abuse or neglect;’’; the failure occurs; and TICAL ANALYSES; INFORMATION (T) in paragraph (27), as so redesignated, by ‘‘(B) the State shall be ineligible to receive DISSEMINATION. striking the period at the end and inserting any allocation under such section for such Section 251 of the Juvenile Justice and De- a semicolon; and fiscal year unless— linquency Prevention Act of 1974 (34 U.S.C. (U) by adding at the end the following: ‘‘(i) the State agrees to expend 50 percent 11161) is amended— ‘‘(28) provide for the coordinated use of of the amount allocated to the State for such (1) in subsection (a)— funds provided under this title with other fiscal year to achieve compliance with any (A) in paragraph (1)—

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(i) in the matter preceding subparagraph ‘‘(f) NATIONAL RECIDIVISM MEASURE.—The (4) by adding at the end the following: (A), by striking ‘‘may’’ and inserting Administrator, in accordance with applica- ‘‘(d) BEST PRACTICES REGARDING LEGAL ‘‘shall’’; ble confidentiality requirements and in con- REPRESENTATION OF CHILDREN.—In consulta- (ii) in subparagraph (A), by striking ‘‘plan sultation with experts in the field of juvenile tion with experts in the field of juvenile de- and identify’’ and inserting ‘‘annually pub- justice research, recidivism, and data collec- fense, the Administrator shall— lish a plan to identify’’; and tion, shall— ‘‘(1) share best practices that may include (iii) in subparagraph (B)— ‘‘(1) establish a uniform method of data sharing standards of practice developed by (I) by striking clause (iii) and inserting the collection and technology that States may recognized entities in the profession, for at- following: use to evaluate data on juvenile recidivism torneys representing children; and ‘‘(iii) successful efforts to prevent status on an annual basis; ‘‘(2) provide a State, if it so requests, tech- offenders and first-time minor offenders ‘‘(2) establish a common national juvenile nical assistance to implement any of the from subsequent involvement with the juve- recidivism measurement system; and best practices shared under paragraph (1). nile justice and criminal justice systems;’’; ‘‘(3) make cumulative juvenile recidivism ‘‘(e) BEST PRACTICES FOR STATUS OFFEND- (II) by striking clause (vii) and inserting data that is collected from States available ERS.—Based on the available research and the following: to the public.’’. State practices, the Administrator shall— ‘‘(1) disseminate best practices for the ‘‘(vii) the prevalence and duration of be- SEC. 208. TRAINING AND TECHNICAL ASSIST- ANCE. treatment of status offenders with a focus on havioral health needs (including mental Section 252 of the Juvenile Justice and De- reduced recidivism, improved long-term out- health, substance abuse, and co-occurring linquency Prevention Act of 1974 (34 U.S.C. comes, and limited usage of valid court or- disorders) among juveniles pre-placement 11162) is amended— ders to place status offenders in secure de- and post-placement in the juvenile justice (1) in subsection (a)— tention; and system, including an examination of the ef- (A) in the matter preceding paragraph (1), ‘‘(2) provide a State, on request, technical fects of secure detention in a correctional fa- by striking ‘‘may’’; assistance to implement any of the best cility;’’; (B) in paragraph (1)— practices shared under paragraph (1). (III) by redesignating clauses (ix), (x), and (i) by inserting ‘‘shall’’ before ‘‘develop and ‘‘(f) TRAINING AND TECHNICAL ASSISTANCE (xi) as clauses (xvi), (xvii), and (xviii), re- carry out projects’’; and FOR LOCAL AND STATE JUVENILE DETENTION spectively; and (ii) by striking ‘‘and’’ after the semicolon; AND CORRECTIONS PERSONNEL.—The Adminis- (IV) by inserting after clause (viii) the fol- (C) in paragraph (2)— trator shall coordinate training and tech- lowing: (i) by inserting ‘‘may’’ before ‘‘make nical assistance programs with juvenile de- ‘‘(ix) training efforts and reforms that have grants to and contracts with’’; and tention and corrections personnel of States produced reductions in or elimination of the (ii) by striking the period at the end and and units of local government— use of dangerous practices; inserting ‘‘; and’’; and ‘‘(1) to promote methods for improving ‘‘(x) methods to improve the recruitment, (D) by adding at the end the following: conditions of juvenile confinement, includ- selection, training, and retention of profes- ‘‘(3) shall provide periodic training for ing methods that are designed to minimize sional personnel who are focused on the pre- States regarding implementation of the core the use of dangerous practices, unreasonable vention, identification, and treatment of de- requirements, current protocols and best restraints, and isolation and methods re- linquency; practices for achieving and monitoring com- sponsive to cultural differences; and ‘‘(xi) methods to improve the identifica- pliance, and information sharing regarding ‘‘(2) to encourage alternative behavior tion and response to victims of domestic relevant Office resources on evidence-based management techniques based on positive child sex trafficking within the juvenile jus- and promising programs or practices that youth development approaches that may in- tice system; promote the purposes of this Act.’’; clude methods responsive to cultural dif- ‘‘(xii) identifying positive outcome meas- (2) in subsection (b)— ferences. ures, such as attainment of employment and (A) in the matter preceding paragraph (1), ‘‘(g) TRAINING AND TECHNICAL ASSISTANCE educational degrees, that States and units of by striking ‘‘may’’; TO SUPPORT MENTAL HEALTH OR SUBSTANCE local government should use to evaluate the (B) in paragraph (1)— ABUSE TREATMENT INCLUDING HOME-BASED OR success of programs aimed at reducing re- (i) by inserting ‘‘shall’’ before ‘‘develop and COMMUNITY-BASED CARE.—The Administrator cidivism of youth who have come in contact implement projects’’; shall provide training and technical assist- with the juvenile justice system or criminal (ii) by inserting ‘‘, including compliance ance, in conjunction with the appropriate justice system; with the core requirements’’ after ‘‘this public agencies, to individuals involved in ‘‘(xiii) evaluating the impact and outcomes title’’; and making decisions regarding the disposition of the prosecution and sentencing of juve- (iii) by striking ‘‘and’’ at the end; and management of cases for youth who niles as adults; (C) in paragraph (2)— enter the juvenile justice system about the ‘‘(xiv) successful and cost-effective efforts (i) by inserting ‘‘may’’ before ‘‘make appropriate services and placement for youth by States and units of local government to grants to and contracts with’’; and with mental health or substance abuse reduce recidivism through policies that pro- (ii) by striking the period at the end and needs, including— vide for consideration of appropriate alter- inserting a semicolon; and ‘‘(1) juvenile justice intake personnel; native sanctions to incarceration of youth (D) by adding at the end the following: ‘‘(2) probation officers; facing nonviolent charges, while ensuring ‘‘(3) shall provide technical assistance to ‘‘(3) juvenile court judges and court serv- that public safety is preserved;’’; and States and units of local government on ices personnel; (B) in paragraph (4)— achieving compliance with the amendments ‘‘(4) prosecutors and court-appointed coun- (i) in the matter preceding subparagraph to the core requirements and State Plans sel; and (A)— made by the Juvenile Justice Reform Act of ‘‘(5) family members of juveniles and fam- (I) by striking ‘‘date of enactment of this 2018, including training and technical assist- ily advocates. paragraph, the’’ and inserting ‘‘date of en- ance and, when appropriate, pilot or dem- ‘‘(h) TRAINING AND TECHNICAL ASSISTANCE actment of the Juvenile Justice Reform Act onstration projects intended to develop and TO SUPPORT JUVENILE COURT JUDGES AND of 2018, the’’; and replicate best practices for achieving sight PERSONNEL.—The Attorney General, acting (II) by inserting ‘‘in accordance with appli- and sound separation in facilities or portions through the Office of Juvenile Justice and cable confidentiality requirements’’ after of facilities that are open and available to Delinquency Prevention and the Office of ‘‘wards of the State’’; and the general public and that may or may not Justice Programs in consultation with enti- (ii) in subparagraph (D), by inserting ‘‘and contain a jail or a lock-up; and ties in the profession, shall provide directly, Indian Tribes’’ after ‘‘State’’; ‘‘(4) shall provide technical assistance to or through grants or contracts, training and (iii) in subparagraph (F), by striking ‘‘and’’ States in support of efforts to establish part- technical assistance to enhance the capacity at the end; nerships between a State and a university, of State and local courts, judges, and related (iv) in subparagraph (G), by striking the institution of higher education, or research judicial personnel to— period at the end and inserting a semicolon; center designed to improve the recruitment, ‘‘(1) improve the lives of children currently and selection, training, and retention of profes- involved in or at risk of being involved in the (v) by adding at the end the following: sional personnel in the fields of medicine, juvenile court system; and ‘‘(H) a description of the best practices in law enforcement, the judiciary, juvenile jus- ‘‘(2) carry out the requirements of this Act. discharge planning; and tice, social work and child protection, edu- ‘‘(i) FREE AND REDUCED PRICE SCHOOL ‘‘(I) an assessment of living arrangements cation, and other relevant fields who are en- LUNCHES FOR INCARCERATED JUVENILES.—The for juveniles who, upon release from confine- gaged in, or intend to work in, the field of Attorney General, in consultation with the ment in a State correctional facility, cannot prevention, identification, and treatment of Secretary of Agriculture, shall provide guid- return to the residence they occupied prior delinquency.’’; ance to States relating to existing options to such confinement.’’; (3) in subsection (c)— for school food authorities in the States to (2) in subsection (b), in the matter pre- (A) by inserting ‘‘prosecutors,’’ after ‘‘pub- apply for reimbursement for free or reduced ceding paragraph (1), by striking ‘‘may’’ and lic defenders,’’; and price lunches under the Richard B. Russell inserting ‘‘shall’’; and (B) by inserting ‘‘status offenders and’’ National School Lunch Act (42 U.S.C. 1751 et (3) by adding at the end the following: after ‘‘needs of’’; and seq.) for juveniles who are incarcerated and

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Section 299A of the Juvenile Justice and ‘‘(ii) voluntary home visiting programs; ‘‘(b) PROGRAM AUTHORIZED.—The Adminis- Delinquency Prevention Act of 1974 (34 ‘‘(iii) nurse-family partnership programs; trator shall— U.S.C. 11182) is amended— ‘‘(iv) parenting skills training; ‘‘(1) for each fiscal year for which less than (1) in subsection (d)— ‘‘(v) child abuse prevention programs; $25,000,000 is appropriated under section 506, (A) by inserting ‘‘(1)’’ before ‘‘The Admin- ‘‘(vi) family stabilization programs; award grants to not fewer than 3 State enti- istrator’’; ‘‘(vii) child welfare services; ties, but not more than 5 State entities, that (B) by striking ‘‘, after appropriate con- ‘‘(viii) family violence intervention pro- apply under subsection (c) and meet the re- sultation with representatives of States and grams; quirements of subsection (d); or units of local government,’’; ‘‘(ix) adoption assistance programs; ‘‘(2) for each fiscal year for which (C) by inserting ‘‘guidance,’’ after ‘‘regula- ‘‘(x) emergency, transitional and perma- $25,000,000 or more is appropriated under sec- tions,’’; and nent housing assistance; tion 506, award grants to not fewer than 5 (D) by adding at the end the following: ‘‘In ‘‘(xi) job placement and retention training; State entities that apply under subsection developing guidance and procedures, the Ad- ‘‘(xii) summer jobs programs; (c) and meet the requirements of subsection ministrator shall consult with representa- ‘‘(xiii) alternative school resources for (d). tives of States and units of local govern- youth who have dropped out of school or ‘‘(c) STATE APPLICATION.—To be eligible to ment, including those individuals respon- demonstrate chronic truancy; receive a grant under this section, a State sible for administration of this Act and com- ‘‘(xiv) conflict resolution skill training; entity shall submit an application to the Ad- pliance with the core requirements. ‘‘(xv) restorative justice programs; ministrator that includes the following: ‘‘(2) The Administrator shall ensure that— ‘‘(xvi) mentoring programs; ‘‘(1) An assurance the State entity will ‘‘(A) reporting, compliance reporting, ‘‘(xvii) targeted gang prevention, interven- use— State plan requirements, and other similar tion and exit services; ‘‘(A) not more than 10 percent of such documentation as may be required from ‘‘(xviii) training and education programs grant, in the aggregate— States is requested in a manner that respects for pregnant teens and teen parents; and ‘‘(i) for the costs incurred by the State en- confidentiality, encourages efficiency and re- ‘‘(xix) pre-release, post-release, and re- tity to carry out this section, except that duces the duplication of reporting efforts; entry services to assist detained and incar- not more than 3 percent of such grant may and cerated youth with transitioning back into be used for such costs; and ‘‘(B) States meeting all the core require- and reentering the community; and ‘‘(ii) to provide technical assistance to eli- ments are encouraged to experiment with of- ‘‘(K) other data-driven evidence-based or gible entities receiving a subgrant under sub- fering innovative, data-driven programs de- promising prevention programs; section (e) in carrying out delinquency pre- signed to further improve the juvenile jus- ‘‘(4) the term ‘local policy board’, when vention programs under the subgrant; and tice system.’’; and used with respect to an eligible entity, ‘‘(B) the remainder of such grant to award (2) in subsection (e), by striking ‘‘require- means a policy board that the eligible entity subgrants to eligible entities under sub- ments described in paragraphs (11), (12), and will engage in the development of the eligi- section (e). (13) of section 223(a)’’ and inserting ‘‘core re- ble entity’s plan described in section ‘‘(2) An assurance that such grant will sup- quirements’’. 504(e)(5), and that includes— plement, and not supplant, State and local ‘‘(A) not fewer than 15 and not more than TITLE III—INCENTIVE GRANTS FOR PRIS- efforts to prevent juvenile delinquency. 21 members; and ON REDUCTION THROUGH OPPORTUNI- ‘‘(3) An assurance the State entity will ‘‘(B) a balanced representation of— TIES, MENTORING, INTERVENTION, SUP- evaluate the capacity of eligible entities re- ‘‘(i) public agencies and private nonprofit PORT, AND EDUCATION ceiving a subgrant under subsection (e) to organizations serving juveniles and their fulfill the requirements under such sub- SEC. 301. SHORT TITLE. families; and section. Section 501 of the Incentive Grants for ‘‘(ii) business and industry; ‘‘(4) An assurance that such application Local Delinquency Prevention Programs Act ‘‘(C) at least one representative of the faith was prepared after consultation with, and of 2002 (34 U.S.C. 11101 note) is amended— community, one adjudicated youth, and one participation by, the State advisory group, (1) by inserting ‘‘Youth Promise’’ before parent of an adjudicated youth; and units of local government, community-based ‘‘Grants’’; and ‘‘(D) in the case of an eligible entity de- organizations, and organizations that carry (2) by striking ‘‘2002’’ and inserting ‘‘2018’’. scribed in paragraph (1)(B), a representative out programs, projects, or activities to pre- SEC. 302. DEFINITIONS. of the nonprofit organization of the eligible vent juvenile delinquency in the local juve- Section 502 of the Incentive Grants for entity; nile justice system served by the State enti- Local Delinquency Prevention Programs Act ‘‘(5) the term ‘mentoring’ means matching ty. of 2002 (34 U.S.C. 11281) is amended to read as 1 adult with 1 or more youths for the purpose ‘‘(d) APPROVAL OF STATE APPLICATIONS.—In follows: of providing guidance, support, and encour- awarding grants under this section for a fis- ‘‘SEC. 502. DEFINITIONS. agement through regularly scheduled meet- cal year, the Administrator may not award a ‘‘In this title— ings for not less than 9 months; grant to a State entity for a fiscal year un- ‘‘(1) the term ‘at-risk’ has the meaning ‘‘(6) the term ‘State advisory group’ means less— given that term in section 1432 of the Ele- the advisory group appointed by the chief ex- ‘‘(1)(A) the State that will be served by the mentary and Secondary Education Act of ecutive officer of a State under a plan de- State entity submitted a plan under section 1965 (20 U.S.C. 6472); scribed in section 223(a); and 223 for such fiscal year; and ‘‘(2) the term ‘eligible entity’ means— ‘‘(7) the term ‘State entity’ means the ‘‘(B) such plan is approved by the Adminis- ‘‘(A) a unit of local government that is in State agency designated under section trator for such fiscal year; or compliance with the requirements of part B 223(a)(1) or the entity receiving funds under ‘‘(2) after finding good cause for a waiver, of title II; or section 223(d).’’. the Administrator waives the plan required ‘‘(B) a nonprofit organization in partner- SEC. 303. DUTIES AND FUNCTIONS OF THE AD- under subparagraph (A) for such State for ship with a unit of local government de- MINISTRATOR. such fiscal year. scribed in subparagraph (A); Section 503 of the Incentive Grants for ‘‘(e) SUBGRANT PROGRAM.— ‘‘(3) the term ‘delinquency prevention pro- Local Delinquency Prevention Programs Act ‘‘(1) PROGRAM AUTHORIZED.— gram’ means a delinquency prevention pro- of 2002 (34 U.S.C. 11282) is amended— ‘‘(A) IN GENERAL.—Each State entity re- gram that is evidence-based or promising (1) by striking paragraph (1); and ceiving a grant under this section shall and that may include— (2) by redesignating paragraphs (2) through award subgrants to eligible entities in ac- ‘‘(A) alcohol and substance abuse preven- (4) as paragraphs (1) through (3), respec- cordance with this subsection. tion or treatment services; tively. ‘‘(B) PRIORITY.—In awarding subgrants ‘‘(B) tutoring and remedial education, es- SEC. 304. GRANTS FOR DELINQUENCY PREVEN- under this subsection, the State shall give pecially in reading and mathematics; TION PROGRAMS. priority to eligible entities that demonstrate ‘‘(C) child and adolescent health and men- Section 504 of the Incentive Grants for ability in— tal health services; Local Delinquency Prevention Programs Act ‘‘(i) plans for service and agency coordina- ‘‘(D) recreation services; of 2002 (34 U.S.C. 11281 et seq.) is amended to tion and collaboration including the colloca- ‘‘(E) leadership and youth development ac- read as follows: tion of services; tivities; ‘‘SEC. 504. GRANTS FOR LOCAL DELINQUENCY ‘‘(ii) innovative ways to involve the private ‘‘(F) the teaching that individuals are and PREVENTION PROGRAMS. nonprofit and business sector in delinquency should be held accountable for their actions; ‘‘(a) PURPOSE.—The purpose of this section prevention activities; ‘‘(G) assistance in the development of job is to enable local communities to address the ‘‘(iii) developing data-driven prevention training skills; unmet needs of at-risk or delinquent youth, plans, employing evidence-based prevention ‘‘(H) youth mentoring programs; including through a continuum of delin- strategies, and conducting program evalua- ‘‘(I) after-school programs; quency prevention programs for juveniles tions to determine impact and effectiveness;

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‘‘(iv) identifying under the plan submitted subgrant of the eligible entity to other eligi- ‘‘(b) ELIGIBLE INDIAN TRIBES.—To be eligi- under paragraph (5) potential savings and ef- ble entities receiving a subgrant under this ble to receive a grant under this section, an ficiencies associated with successful imple- subsection or award the amount to an eligi- Indian Tribe or consortium of Indian Tribes mentation of such plan; and ble entity during the next subgrant competi- shall submit to the Administrator an appli- ‘‘(v) describing how such savings and effi- tion under this subsection. cation in such form as the Administrator ciencies may be used to carry out delin- ‘‘(5) LOCAL USES OF FUNDS.—An eligible en- may require. quency prevention programs and be rein- tity that receives a subgrant under this sub- ‘‘(c) CONSIDERATIONS.—In providing grants vested in the continuing implementation of section shall use the funds to implement a under this section, the Administrator shall such programs after the end of the subgrant plan to carry out delinquency prevention take into consideration, with respect to the period. programs in the community served by the el- Indian Tribe to be served, the— ‘‘(C) SUBGRANT PROGRAM PERIOD AND DIVER- igible entity in a coordinated manner with ‘‘(1) juvenile delinquency rates; SITY OF PROJECTS.— other delinquency prevention programs or ‘‘(2) school dropout rates; and ‘‘(i) PROGRAM PERIOD.—A subgrant awarded entities serving such community, which in- ‘‘(3) number of youth at risk of delin- to an eligible entity by a State entity under cludes— quency. this section shall be for a period of not more ‘‘(A) an analysis of the unmet needs of at- ‘‘(d) AVAILABILITY OF FUNDS.—Of the than 5 years, of which the eligible entity— risk or delinquent youth in the community— amount available for a fiscal year to carry ‘‘(I) may use not more than 18 months for ‘‘(i) which shall include— out this title, 11 percent shall be available to completing the plan submitted by the eligi- ‘‘(I) the available resources in the commu- carry out this section.’’. ble entity under paragraph (5); and nity to meet the unmet needs; and SEC. 306. EVALUATION BY GOVERNMENT AC- ‘‘(II) shall use the remainder of the ‘‘(II) factors present in the community COUNTABILITY OFFICE. subgrant period, after planning period de- that may contribute to delinquency, such as (a) EVALUATION.—Not later than 2 years scribed in subclause (I), for the implementa- homelessness, food insecurity, teen preg- after the end of the 5th fiscal year for which tion of such plan. nancy, youth unemployment, family insta- funds are appropriated to carry out the In- ‘‘(ii) DIVERSITY OF PROJECTS.—In awarding bility, lack of educational opportunity; and centive Grants for Local Delinquency Pre- subgrants under this subsection, a State en- ‘‘(ii) may include an estimate— vention Programs Act of 2002, the Comp- tity shall ensure, to the extent practicable ‘‘(I) for the most recent year for which reli- troller General of the United States shall and applicable, that such subgrants are dis- able data is available, the amount expended conduct an evaluation of a sample of sub- tributed throughout different areas, includ- by the community and other entities for de- grantees selected by the Comptroller Gen- ing urban, suburban, and rural areas. linquency adjudication for juveniles and the eral in accordance with subsection (b)) that ‘‘(2) LOCAL APPLICATION.—An eligible enti- incarceration of adult offenders for offenses received funds under section 504(e) of such ty that desires a subgrant under this sub- committed in such community; and Act and shall submit a report of such evalua- section shall submit an application to the ‘‘(II) of potential savings and efficiencies tion to the Committee on the Judiciary of State entity in the State of the eligible enti- that may be achieved through the implemen- the United States Senate and the Committee ty, at such time and in such manner as de- tation of the plan; on Education and the Workforce of the termined by the State entity, and that in- ‘‘(B) a minimum 3-year comprehensive United States House of Representatives. cludes— strategy to address the unmet needs and an (b) CONSIDERATIONS FOR EVALUATION.—For ‘‘(A) a description of— estimate of the amount or percentage of non- purposes of subsection (a), the Comptroller ‘‘(i) the local policy board and local part- Federal funds that are available to carry out General shall— ners the eligible entity will engage in the de- the strategy; (1) ensure that the sample to be evaluated velopment of the plan described in paragraph ‘‘(C) a description of how delinquency pre- is made up of subgrantees in States that are (5); vention programs under the plan will be co- diverse geographically and economically; ‘‘(ii) the unmet needs of at-risk or delin- ordinated; and quent youth in the community; ‘‘(D) a description of the performance eval- (2) include in such sample subgrantees that ‘‘(iii) available resources in the community uation process of the delinquency prevention proposed different delinquency prevention to meet the unmet needs identified in the programs to be implemented under the plan, programs. needs assessment described in paragraph (c) RECOMMENDATIONS AND FINDINGS.—In (5)(A); which shall include performance measures to assess efforts to address the unmet needs of conducting the evaluation required by sub- ‘‘(iv) potential costs to the community if section (a), the Comptroller General shall the unmet needs are not addressed; youth in the community analyzed under sub- paragraph (A); take into consideration whether— ‘‘(B) a specific time period for the planning (1) the delinquency prevention programs and subsequent implementation of its con- ‘‘(E) the evidence or promising evaluation on which such delinquency prevention pro- for which subgrantees received funds under tinuum of local delinquency prevention pro- section 504(e) of Incentive Grants for Local grams; grams are based; and ‘‘(F) if such delinquency prevention pro- Delinquency Prevention Programs Act of ‘‘(C) the steps the eligible entity will take 2002 achieved the outcomes and results an- to implement the plan under subparagraph grams are proven successful according to the performance evaluation process under sub- ticipated by the particular State involved; (A); and (2) in the case of outcomes and results of ‘‘(D) a plan to continue the grant activity paragraph (D), a strategy to continue such delinquency prevention programs defined by with non-Federal funds, if proven successful programs after the subgrant period with non- the State or a local entity, unanticipated according to the performance evaluation Federal funds, including a description of how improved outcomes or results for juveniles process under paragraph (5)(D), after the any estimated savings or efficiencies created occurred; grant period. by the implementation of the plan may be (3) the number of subgrantees that con- ‘‘(3) MATCHING REQUIREMENT.—An eligible used to continue such programs.’’. tinue after the expenditure of such funds to entity desiring a subgrant under this sub- SEC. 305. GRANTS FOR TRIBAL DELINQUENCY provide such delinquency prevention pro- section shall agree to provide a 50 percent PREVENTION AND RESPONSE PRO- grams; match of the amount of the subgrant that GRAMS. (4) such delinquency prevention programs may include the value of in-kind contribu- The Incentive Grants for Local Delin- replaced existing or planned programs or ac- tions. quency Prevention Programs Act of 2002 (34 tivities in the State; and ‘‘(4) SUBGRANT REVIEW.— U.S.C. 11281 et seq.) is amended by redesig- (5) the evidence-base information used to ‘‘(A) REVIEW.—Not later than the end of nating section 505 as section 506, and by in- justify such delinquency prevention pro- the second year of a subgrant period for a serting after section 504 the following: grams was used with fidelity by local enti- subgrant awarded to an eligible entity under ‘‘SEC. 505. GRANTS FOR TRIBAL DELINQUENCY ties in accordance with the approach used to this subsection and before awarding the re- PREVENTION AND RESPONSE PRO- find the evidence; maining amount of the subgrant to the eligi- GRAMS. SEC. 307. TECHNICAL AMENDMENT. ble entity, the State entity shall— ‘‘(a) IN GENERAL.—The Administrator shall ‘‘(i) ensure that the eligible entity has make grants under this section, on a com- Title V of the Juvenile Justice and Delin- completed the plan submitted under para- petitive basis, to eligible Indian Tribes (or quency Prevention Act of 1974 as enacted by graph (2) and that the plan meets the re- consortia of Indian Tribes) as described in Public Law 93–415 (88 Stat. 1133) (relating to quirements of such paragraph; and subsection (b)— miscellaneous and conforming amendments) ‘‘(ii) verify that the eligible entity will ‘‘(1) to support and enhance— is repealed. begin the implementation of its plan upon ‘‘(A) tribal juvenile delinquency prevention TITLE IV—MISCELLANEOUS PROVISIONS receiving the next installment of its services; and SEC. 401. EVALUATION BY GOVERNMENT AC- subgrant award. ‘‘(B) the ability of Indian Tribes to respond COUNTABILITY OFFICE. ‘‘(B) TERMINATION.—If the State entity to, and care for, at-risk or delinquent youth (a) EVALUATION.—Not later than 1 year finds through the review conducted under upon release; and after the date of enactment of this Act, the subparagraph (A) that the eligible entity has ‘‘(2) to encourage accountability of Indian Comptroller General of the United States not met the requirements of clause (i) of tribal governments with respect to pre- shall— such subparagraph, the State entity shall re- venting juvenile delinquency, and responding (1) conduct a comprehensive analysis and allocate the amount remaining on the to, and caring for, juvenile offenders. evaluation regarding the performance of the

VerDate Sep 11 2014 04:27 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.050 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7446 CONGRESSIONAL RECORD — SENATE December 11, 2018 Office of Juvenile Justice and Delinquency (7) whether contracts were bid in accord- cant sample of States and Indian Tribes (as Prevention (referred to in this section as ance with program guidelines; and determined by the Director) that have re- ‘‘the agency’’), its functions, its programs, (8) whether grant funds were spent in ac- ceived Federal funds under title II, including and its grants; cordance with program goals and guidelines. a review of internal controls to prevent (2) conduct a comprehensive audit and (d) REPORT.— fraud, waste, and abuse of funds by grantees; evaluation of a selected, sample of grantees (1) IN GENERAL.—Not later than 1 year after and (as determined by the Comptroller General) the date of enactment of this Act, the Comp- ‘‘(III) submit a report in accordance with that receive Federal funds under grant pro- troller General of the United States shall— clause (iv). grams administered by the agency including (A) submit a report regarding the evalua- ‘‘(ii) CONSIDERATIONS FOR EVALUATIONS.—In a review of internal controls (as defined in tion conducted under subsection (a) and conducting the analysis and evaluation section 103 of the Juvenile Justice and Delin- audit under subsection (b), to the Speaker of under clause (i)(I), and in order to document quency Prevention Act of 1974 (34 U.S.C. the House of Representatives and the Presi- the efficiency and public benefit of titles II 11103), as amended by this Act) to prevent dent pro tempore of the Senate; and and V, the Director shall take into consider- fraud, waste, and abuse of funds by grantees; (B) make the report described in subpara- ation the extent to which— and graph (A) available to the public. ‘‘(I) greater oversight is needed of pro- (2) CONTENTS.—The report submitted in ac- (3) submit a report in accordance with sub- grams developed with grants made by the cordance with paragraph (1) shall include all section (d). agency; audit findings determined by the selected, (b) CONSIDERATIONS FOR EVALUATION.—In ‘‘(II) changes are necessary in the author- statistically significant sample of grantees conducting the analysis and evaluation izing statutes of the agency in order that the as required by subsection (a)(2) and shall in- under subsection (a)(1), and in order to docu- clude the name and location of any selected functions of the agency can be performed in ment the efficiency and public benefit of the grantee as well as any findings required by a more efficient and effective manner; and Juvenile Justice and Delinquency Preven- subsection (a)(2). ‘‘(III) the agency has implemented rec- tion Act of 1974 (34 U.S.C. 11101 et seq.), the ommendations issued by the Comptroller Comptroller General shall take into consid- SEC. 402. AUTHORIZATION OF APPROPRIATIONS; ACCOUNTABILITY AND OVERSIGHT. General or Office of Inspector General relat- eration— (a) IN GENERAL.—The Juvenile Justice and ing to the grant making and grant moni- (1) the outcome and results of the pro- Delinquency Prevention Act of 1974 (34 toring responsibilities of the agency. grams carried out by the agency and those U.S.C. 11101 et seq.) is amended by adding at ‘‘(iii) CONSIDERATIONS FOR AUDITS.—In con- programs administered through grants by the end the following: ducting the audit and evaluation under the agency; ‘‘TITLE VI—AUTHORIZATION OF APPRO- clause (i)(II), and in order to document the (2) the extent to which the agency has PRIATIONS; ACCOUNTABILITY AND efficiency and public benefit of titles II and complied with the Government Performance OVERSIGHT V, the Director shall take into consider- and Results Act of 1993 (Public Law 103–62; ation— 107 Stat. 285); ‘‘SEC. 601. AUTHORIZATION OF APPROPRIATIONS. ‘‘(I) whether grantees timely file Financial ‘‘There are authorized to be appropriated (3) the extent to which the jurisdiction of, Status Reports; to carry out this Act, except for titles III and the programs administered by, the agen- ‘‘(II) whether grantees have sufficient in- and IV, $176,000,000 for each of fiscal years cy duplicate or conflict with the jurisdiction ternal controls to ensure adequate oversight and programs of other agencies; 2019 through 2023, of which not more than $96,053,401 shall be used to carry out title V of grant funds received; (4) the potential benefits of consolidating for each such fiscal year. ‘‘(III) whether grantees’ assertions of com- programs administered by the agency with pliance with the core requirements were ac- ‘‘SEC. 602. ACCOUNTABILITY AND OVERSIGHT. similar or duplicative programs of other companied with adequate supporting docu- agencies, and the potential for consolidating ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that, in order to ensure that at-risk mentation; those programs; youth, and youth who come into contact ‘‘(IV) whether expenditures were author- (5) whether less restrictive or alternative with the juvenile justice system or the ized; methods exist to carry out the functions of criminal justice system, are treated fairly ‘‘(V) whether subrecipients of grant funds the agency and whether current functions or and that the outcome of that contact is ben- were complying with program requirements; operations are impeded or enhanced by exist- eficial to the Nation— and ing statutes, rules, and procedures; ‘‘(1) the Department of Justice, through its ‘‘(VI) whether grant funds were spent in ac- (6) the number and types of beneficiaries or Office of Juvenile Justice and Delinquency cordance with the program goals and guide- persons served by programs carried out by Prevention, must restore meaningful en- lines. the agency; forcement of the core requirements in title ‘‘(iv) REPORT.—The Director shall— (7) the manner with which the agency II; and ‘‘(I) submit to the Congress a report out- seeks public input and input from State and ‘‘(2) States, which are entrusted with a fis- lining the results of the analysis, evaluation, local governments on the performance of the cal stewardship role if they accept funds and audit conducted under clause (i), includ- functions of the agency; under title II must exercise vigilant over- ing supporting materials, to the Speaker of (8) the extent to which the agency com- sight to ensure full compliance with the core the House of Representatives and the Presi- plies with section 552 of title 5, United States requirements for juveniles provided for in dent pro tempore of the Senate; and Code (commonly known as the Freedom of title II. ‘‘(II) shall make such report available to Information Act); ‘‘(b) ACCOUNTABILITY.— the public online, not later than 1 year after (9) whether greater oversight is needed of ‘‘(1) AGENCY PROGRAM REVIEW.— the date of enactment of this section. programs developed with grants made by the ‘‘(A) PROGRAMMATIC AND FINANCIAL ASSESS- ‘‘(B) ANALYSIS OF INTERNAL CONTROLS.— agency; and MENT.— ‘‘(i) IN GENERAL.—Not later than 30 days (10) the extent to which changes are nec- ‘‘(i) IN GENERAL.—Not later than 60 days after the date of enactment of the Juvenile essary in the authorizing statutes of the after the date of enactment of the Juvenile Justice Reform Act of 2018, the Adminis- agency in order for the functions of the agen- Justice Reform Act of 2018, the Director of trator shall initiate a comprehensive anal- cy to be performed in a more efficient and ef- the Office of Audit, Assessment, and Manage- ysis and evaluation of the internal controls fective manner. ment of the Office of Justice Programs at of the agency to determine whether, and to (c) CONSIDERATIONS FOR AUDITS.—In con- the Department of Justice (referred to in what extent, States and Indian Tribes that ducting the audit and evaluation under sub- this section as the ‘Director’) shall— receive grants under titles II and V are fol- section (a)(2), and in order to document the ‘‘(I) conduct a comprehensive analysis and lowing the requirements of the grant pro- efficiency and public benefit of the Juvenile evaluation of the internal controls of the Of- grams authorized under titles II and V. Justice and Delinquency Prevention Act of fice of Juvenile Justice and Delinquency ‘‘(ii) REPORT.—Not later than 180 days after 1974 (34 U.S.C. 11101 et seq.), the Comptroller Prevention (referred to in this section as the the date of enactment of the Juvenile Jus- General shall take into consideration— ‘agency’) to determine if States and Indian tice Reform Act of 2018, the Administrator (1) whether grantees timely file Financial Tribes receiving grants are following the re- shall submit to Congress a report con- Status Reports; quirements of the agency grant programs taining— (2) whether grantees have sufficient inter- and what remedial action the agency has ‘‘(I) the findings of the analysis and eval- nal controls to ensure adequate oversight of taken to recover any grant funds that are ex- uation conducted under clause (i); grant fund received; pended in violation of grant programs, in- ‘‘(II) a description of remedial actions, if (3) whether disbursements were accom- cluding instances where— any, that will be taken by the Administrator panied with adequate supporting documenta- ‘‘(aa) supporting documentation was not to enhance the internal controls of the agen- tion (including invoices and receipts); provided for cost reports; cy and recoup funds that may have been ex- (4) whether expenditures were authorized; ‘‘(bb) unauthorized expenditures occurred; pended in violation of law, regulations, or (5) whether subrecipients of grant funds and program requirements issued under titles II were complying with program requirements; ‘‘(cc) subrecipients of grant funds were not and V; and (6) whether salaries and fringe benefits of in compliance with program requirements; ‘‘(III) a description of— personnel were adequately supported by doc- ‘‘(II) conduct a comprehensive audit and ‘‘(aa) the analysis conducted under clause umentation; evaluation of a selected statistically signifi- (i);

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‘‘(bb) whether the funds awarded under ti- tion that is described in section 501(c)(3) of ‘‘(6) ANNUAL CERTIFICATION.—Beginning in tles II and V have been used in accordance the Internal Revenue Code of 1986 and is ex- the 1st fiscal year that begins after the effec- with law, regulations, program guidance, and empt from taxation under section 501(a) of tive date of this section, the Attorney Gen- applicable plans; and such Code. eral shall submit to the Committee on the ‘‘(cc) the extent to which funds awarded to ‘‘(B) PROHIBITION.—The Administrator may Judiciary and the Committee on Appropria- States and Indian Tribes under titles II and not award a grant under any grant program tions of the Senate, and the Committee on V enhanced the ability of grantees to fulfill described in this Act (excluding title IV) to Education and the Workforce and the Com- the core requirements. a nonprofit organization that holds money in mittee on Appropriations of the House of ‘‘(C) REPORT BY THE ATTORNEY GENERAL.— offshore accounts for the purpose of avoiding Representatives, an annual certification Not later than 180 days after the date of en- paying the tax described in section 511(a) of that— actment of the Juvenile Justice Reform Act the Internal Revenue Code of 1986. ‘‘(A) all audits issued by the Inspector Gen- of 2018, the Attorney General shall submit to ‘‘(C) DISCLOSURE.— eral of the Department of Justice under the appropriate committees of the Congress ‘‘(i) IN GENERAL.—Each nonprofit organiza- paragraph (2) have been completed and re- a report on the estimated amount of formula tion that is awarded a grant under a grant viewed by the appropriate Assistant Attor- grant funds disbursed by the agency since program described in this Act (excluding ney General or Director; fiscal year 2010 that did not meet the re- title IV) and uses the procedures prescribed ‘‘(B) all mandatory exclusions required quirements for awards of formula grants to in regulations to create a rebuttable pre- under paragraph (2)(D) have been issued; States under title II. sumption of reasonableness for the com- ‘‘(C) all reimbursements required under ‘‘(2) OFFICE OF INSPECTOR GENERAL PER- pensation of its officers, directors, trustees, paragraph (2)(F)(i) have been made; and FORMANCE AUDITS.— and key employees, shall disclose to the Ad- ‘‘(D) includes a list of any grant recipients ‘‘(A) IN GENERAL.—In order to ensure the ministrator, in the application for the grant, excluded under paragraph (2) during the then effective and appropriate use of grants ad- the process for determining such compensa- preceding fiscal year. ministered under this Act (excluding title tion, including— ‘‘(c) PREVENTING DUPLICATIVE GRANTS.— IV) and to prevent waste, fraud, and abuse of ‘‘(I) the independent persons involved in re- ‘‘(1) IN GENERAL.—Before the Attorney funds by grantees, the Inspector General of viewing and approving such compensation; General awards a grant to an applicant the Department of Justice shall annually ‘‘(II) the comparability data used; and under this Act, the Attorney General shall conduct audits of grantees that receive funds compare potential grant awards with other under this Act. ‘‘(III) contemporaneous substantiation of the deliberation and decision. grants awarded under this Act to determine ‘‘(B) ASSESSMENT.—Not later than 1 year ‘‘(ii) PUBLIC INSPECTION UPON REQUEST.— if duplicate grant awards are awarded for the after the date of enactment of the Juvenile same purpose. Justice Reform Act of 2018 and annually Upon request, the Administrator shall make the information disclosed under clause (i) ‘‘(2) REPORT.—If the Attorney General thereafter, the Inspector General shall con- awards duplicate grants to the same appli- duct a risk assessment to determine the ap- available for public inspection. ‘‘(4) CONFERENCE EXPENDITURES.— cant for the same purpose the Attorney Gen- propriate number of grantees to be audited eral shall submit to the Committee on the under subparagraph (A) in the year involved. ‘‘(A) LIMITATION.—No amounts authorized to be appropriated to the Department of Jus- Judiciary of the Senate and the Committee ‘‘(C) PUBLIC AVAILABILITY ON WEBSITE.—The on Education and the Workforce of the Attorney General shall make the summary tice under this Act may be used by the At- torney General, or by any individual or orga- House of Representatives a report that in- of each review conducted under this section cludes— available on the website of the Department nization awarded discretionary funds through a cooperative agreement under this ‘‘(A) a list of all duplicate grants awarded, of Justice, subject to redaction as the Attor- including the total dollar amount of any du- ney General determines necessary to protect Act, to host or support any expenditure for conferences that uses more than $20,000 in plicate grants awarded; and classified and other sensitive information. ‘‘(B) the reason the Attorney General ‘‘(D) MANDATORY EXCLUSION.—A recipient funds made available to the Department of Justice, unless the Deputy Attorney General awarded the duplicative grant. of grant funds under this Act (excluding title ‘‘(d) COMPLIANCE WITH AUDITING STAND- or such Assistant Attorney Generals, Direc- IV) that is found to have an unresolved audit ARDS.—The Administrator shall comply with tors, or principal deputies as the Deputy At- finding shall not be eligible to receive grant the Generally Accepted Government Audit- torney General may designate, provides prior funds under this Act (excluding title IV) dur- ing Standards, published by the General Ac- written authorization that the funds may be ing the first 2 fiscal years beginning after countability Office (commonly known as the expended to host a conference. the 12-month period beginning on the date on ‘Yellow Book’), in the conduct of fiscal, com- ‘‘(B) WRITTEN APPROVAL.—Written ap- which the audit report is issued. pliance, and programmatic audits of proval under subparagraph (A) shall include ‘‘(E) PRIORITY.—In awarding grants under States.’’. a written estimate of all costs associated this Act (excluding title IV), the Adminis- (b) AUTHORIZATION OF APPROPRIATIONS.— with the conference, including the cost of all trator shall give priority to a State or Indian Section 388(a) of the Juvenile Justice and food and beverages, audiovisual equipment, Tribe that did not have an unresolved audit Delinquency Prevention Act (34 U.S.C. honoraria for speakers, and entertainment. finding during the 3 fiscal years prior to the 11280(a)) is amended— ‘‘(C) REPORT.—The Deputy Attorney Gen- date on which the State or Indian Tribe sub- (1) in paragraph (1)— eral shall submit an annual report to the mits an application for a grant under this (A) by striking ‘‘section 345 and’’; and Committee on the Judiciary of the Senate Act. (B) by striking ‘‘$140,000,000 for fiscal year ‘‘(F) REIMBURSEMENT.—If a State or an In- and the Committee on Education and the 2009, and such sums as may be necessary for dian Tribe is awarded a grant under this Act Workforce of the House of Representatives fiscal years 2010, 2011, 2012, and 2013’’ and in- (excluding title IV) during the 2-fiscal-year on all conference expenditures approved serting ‘‘$127,421,000 for each of fiscal years period in which the recipient is barred from under this paragraph. 2019 through 2020’’; receiving grants under subparagraph (D), the ‘‘(5) PROHIBITION ON LOBBYING ACTIVITY.— (2) in paragraph (3), by striking subpara- Attorney General shall— ‘‘(A) IN GENERAL.—Amounts authorized to graph (B) and inserting the following: ‘‘(i) deposit an amount equal to the be appropriated under this Act may not be ‘‘(B) PERIODIC ESTIMATE.—Of the amount amount of the grant funds that were improp- utilized by any recipient of a grant made authorized to be appropriated under para- erly awarded to the grantee into the general using such amounts— graph (1), such sums as may be necessary fund of the Treasury; and ‘‘(i) to lobby any representative of the De- shall be made available to carry out section ‘‘(ii) seek to recoup the costs of the repay- partment of Justice regarding the award of 345 for each of fiscal years 2019 through ment to the general fund under clause (i) grant funding; or 2020.’’; and from the grantee that was erroneously ‘‘(ii) to lobby any representative of a Fed- (3) in paragraph (4), by striking ‘‘fiscal awarded grant funds. eral, State, local, or tribal government re- year 2009 and such sums as may be necessary ‘‘(G) DEFINITION.—In this paragraph, the garding the award of grant funding. for fiscal years 2010, 2011, 2012, and 2013’’ and term ‘unresolved audit finding’ means a find- ‘‘(B) PENALTY.—If the Attorney General de- inserting ‘‘each of fiscal years 2019 through ing in the final audit report of the Inspector termines that any recipient of a grant made 2020’’. General— using amounts authorized to be appropriated (c) TECHNICAL AND CONFORMING AMEND- ‘‘(i) that the audited State or Indian Tribe under this Act has violated subparagraph MENTS.—The Juvenile Justice and Delin- has used grant funds for an unauthorized ex- (A), the Attorney General shall— quency Prevention Act of 1974 (34 U.S.C. 11101 penditure or otherwise unallowable cost; and ‘‘(i) require the recipient to repay the et seq.) is amended by striking— ‘‘(ii) that is not closed or resolved during grant in full; and (1) section 299 (34 U.S.C. 11171); and the 12-month period beginning on the date on ‘‘(ii) prohibit the recipient to receive an- (2) section 505. which the final audit report is issued. other grant under this Act for not less than ‘‘(3) NONPROFIT ORGANIZATION REQUIRE- 5 years. SA 4076. Mr. PERDUE proposed an MENTS.— ‘‘(C) CLARIFICATION.—For purposes of this ‘‘(A) DEFINITION.—For purposes of this paragraph, submitting an application for a amendment to the resolution S. Res. paragraph and the grant programs described grant under this Act shall not be considered 565, honoring the 40th anniversary of in this Act (excluding title IV), the term lobbying activity in violation of subpara- Naval Submarine Base Kings Bay in ‘nonprofit organization’ means an organiza- graph (A). Kings Bay, Georgia; as follows:

VerDate Sep 11 2014 04:27 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.050 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7448 CONGRESSIONAL RECORD — SENATE December 11, 2018 In the 19th whereas clause of the preamble, The PRESIDING OFFICER. Without (A) may carry in the passenger compartment strike ‘‘, which’’ and all that follows through objection, it is so ordered. of a mode of transportation a knife or tool— ‘‘United States’’. Ms. MURKOWSKI. Mr. President, I (i) the blades of which consist only of a blunt tipped safety blade, a guarded blade, or both; f ask unanimous consent that privileges and AUTHORITY FOR COMMITTEES TO of the floor be granted to my military (ii) that is specifically designed for enabling MEET fellow, Juan Ramirez, for the remain- escape in an emergency by cutting safety belts; der of his fellowship, through June of and Mr. PERDUE. Mr. President, I have 5 2019. (B) shall not be required to secure a knife or requests for committees to meet during The PRESIDING OFFICER. Without tool described in subparagraph (A) in a locked today’s session of the Senate. They objection, it is so ordered. container. have the approval of the Majority and (2) LIMITATION.—This subsection shall not f Minority leaders. apply to the transport of a knife or tool in the Pursuant to rule XXVI, paragraph INTERSTATE TRANSPORT ACT OF cabin of a passenger aircraft subject to the rules 2017 and regulations of the Transportation Security 5(a), of the Standing Rules of the Sen- Administration. ate, the following committees are au- Mr. PERDUE. Mr. President, I ask (d) NO ARREST OR DETENTION.—A person who thorized to meet during today’s session unanimous consent that the Senate is transporting a knife in compliance with this of the Senate: proceed to the immediate consider- section may not be arrested or otherwise de- tained for violation of any law, rule, or regula- COMMITTEE ON ARMED SERVICES ation of Calendar No. 560, S. 1092. tion of a State or political subdivision of a State The Committee on Armed Services is The PRESIDING OFFICER. The related to the possession, transport, or carrying authorized to meet during the session clerk will report the bill by title. of a knife, unless there is probable cause to be- of the Senate on Tuesday, December 11, The legislative clerk read as follows: lieve that the person is not in compliance with 2018, at 2:30 p.m., to conduct a hearing A bill (S. 1092) to protect the right of law- subsection (b). on Chinese and Russian naval activi- abiding citizens to transport knives inter- (e) CLAIM OR DEFENSE.—A person may assert ties. state, notwithstanding a patchwork of local this section as a claim or defense in a civil or and State prohibitions. criminal action or proceeding. When a person COMMITTEE ON BANKING, HOUSING, AND URBAN asserts this section as a claim or defense in a AFFAIRS There being no objection, the Senate criminal proceeding, the State or political sub- The Committee on Banking, Housing, proceeded to consider the bill, which division shall have the burden of proving, be- and Urban Affairs is authorized to had been reported from the Committee yond a reasonable doubt, that the person was meet during the session of the Senate on Commerce, Science, and Transpor- not in compliance with subsection (b). on Tuesday, December 11, 2018, at 10 tation, with an amendment to strike (f) RULE OF CONSTRUCTION.—Nothing in this a.m., to conduct a hearing entitled all after the enacting clause and insert section shall be construed to limit any right to ‘‘Oversight of the U.S. Securities and in lieu thereof the following: possess, carry, or transport a knife under appli- cable State law. Exchange Commission.’’ SECTION 1. SHORT TITLE. Mr. PERDUE. I ask unanimous con- COMMITTEE ON BANKING, HOUSING, AND URBAN This Act may be cited as the ‘‘Interstate AFFAIRS Transport Act of 2018’’. sent that the committee-reported sub- stitute amendment be withdrawn and The Committee on Banking, Housing, SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. that the Thune substitute amendment and Urban Affairs is authorized to (a) DEFINITION.—In this Act, the term ‘‘trans- at the desk be agreed to; that the bill, meet during the session of the Senate port’’— as amended, be considered read a third on Tuesday, December 11, 2018, at 10 (1) includes staying in temporary lodging time and passed; and that the motion a.m., to conduct a hearing entitled overnight, common carrier misrouting or delays, to reconsider be considered made and ‘‘Oversight of the U.S. Securities and stops for food, fuel, vehicle maintenance, emer- laid upon the table. Exchange Commission.’’ gencies, medical treatment, and any other activ- ity related to the journey of a person; and The PRESIDING OFFICER. Without COMMITTEE ON FINANCE (2) does not include transport of a knife with objection, it is so ordered. The Committee on Finance is author- the intent to commit an offense punishable by The committee-reported amendment ized to meet during the session of the imprisonment for a term exceeding 1 year involv- in the nature of a substitute was with- Senate on Tuesday, December 11, 2018, ing the use or threatened use of force against drawn. at 10 a.m., to conduct a hearing on the another person, or with knowledge, or reason- The amendment (No. 4073) in the na- nomination of Courtney Dunbar Jones, able cause to believe, that such an offense is to ture of a substitute was agreed to, as of Virginia, to be a Judge of the United be committed in the course of, or arising from, follows: States Tax Court. the journey. (b) TRANSPORT OF KNIVES.— (Purpose: In the nature of a substitute) COMMITTEE ON THE JUDICIARY (1) IN GENERAL.—Notwithstanding any other Strike all after the enacting clause and in- The Committee on the Judiciary is provision of any law or any rule or regulation sert the following: authorized to meet during the session of a State or any political subdivision thereof, a SECTION 1. SHORT TITLE. of the Senate on Tuesday, December 11, person who is not otherwise prohibited by any This Act may be cited as the ‘‘Interstate 2018, at 10 a.m., to conduct a hearing Federal law from possessing, transporting, ship- Transport Act of 2018’’. entitled ‘‘Oversight of the U.S. Cus- ping, or receiving a knife shall be entitled to SEC. 2. INTERSTATE TRANSPORTATION OF toms and Border Protection.’’ transport a knife for any lawful purpose from KNIVES. any place where the person may lawfully pos- (a) DEFINITION.—In this Act, the term f sess, carry, or transport the knife to any other ‘‘transport’’— PRIVILEGES OF THE FLOOR place where the person may lawfully possess, (1) includes staying in temporary lodging carry, or transport the knife if— overnight, common carrier misrouting or Ms. HEITKAMP. Mr. President, I ask (A) in the case of transport by motor vehicle— delays, stops for food, fuel, vehicle mainte- unanimous consent that Jon (i) the knife is not directly accessible from the nance, emergencies, or medical treatment, Cheatwood and Allison Tinsey, both passenger compartment of the motor vehicle; or and any other activity related to the journey fellows in my office, and Dean Wil- (ii) in the case of a motor vehicle without a of a person; and liams, detailee on my Homeland Sub- compartment separate from the passenger com- (2) does not include transport of a knife partment, is contained in a locked container with the intent to commit an offense punish- committee, be granted floor privileges other than the glove compartment or console; able by imprisonment for a term exceeding 1 for the duration of today’s session of and year involving the use or threatened use of the Senate. (B) in the case of transport by means other force against another person, or with knowl- The PRESIDING OFFICER. Without than a motor vehicle, including any transport edge, or reasonable cause to believe, that objection, it is so ordered. over land or on or through water, the knife is such an offense is to be committed in the Ms. STABENOW. Mr. President, I ask contained in a locked container. course of, or arising from, the journey. unanimous consent that Riya Mehta, a (2) LIMITATION.—This subsection shall not (b) TRANSPORT OF KNIVES.— fellow, and Lindsay White, a detailee, apply to the transport of a knife or tool in the (1) IN GENERAL.—Notwithstanding any cabin of a passenger aircraft subject to the rules other provision of any law or any rule or reg- on the minority staff on the Agri- and regulations of the Transportation Security ulation of a State or any political subdivi- culture, Nutrition, and Forestry Com- Administration. sion thereof, a person who is not otherwise mittee be granted floor privileges for (c) EMERGENCY KNIVES.— prohibited by any Federal law from pos- the duration of the Congress. (1) IN GENERAL.—A person— sessing, transporting, shipping, or receiving

VerDate Sep 11 2014 04:27 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.051 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7449 a knife shall be entitled to transport a knife The PRESIDING OFFICER. The ‘‘(A) local children’s advocacy centers; and for any lawful purpose from any place where clerk will report the bill by title. ‘‘(B) communities that want to develop local the person may lawfully possess, carry, or The legislative clerk read as follows: children’s advocacy centers.’’; transport the knife to any other place where (2) in subsection (b)— A bill (S. 2961) to reauthorize subtitle A of the person may lawfully possess, carry, or (A) in paragraph (1)— the Victims of Child Abuse Act of 1990. transport the knife if— (i) in the matter preceding subparagraph (A), (A) in the case of transport by motor vehi- There being no objection, the Senate by striking ‘‘, in coordination with the Direc- cle, the knife— proceeded to consider the bill, which tor,’’; (i) is not directly accessible from the pas- had been reported from the Committee (ii) in subparagraph (A), by inserting ‘‘and’’ senger compartment of the motor vehicle; or at the end; on the Judiciary, with an amendment (iii) in subparagraph (B), by striking ‘‘the (ii) in the case of a motor vehicle without to strike all after the enacting clause prevention, judicial handling, and treatment of a compartment separate from the passenger and insert in lieu thereof the following: child abuse and neglect; and’’ and inserting compartment, is contained in a locked con- SECTION 1. SHORT TITLE. ‘‘multidisciplinary team investigation, trauma- tainer other than the glove compartment or This Act may be cited as the ‘‘Victims of Child informed interventions, and evidence-informed console; and Abuse Act Reauthorization Act of 2018’’. treatment,’’; and (B) in the case of transport by means other SEC. 2. REAUTHORIZATION. (iv) by striking subparagraph (C); and than a motor vehicle, including any trans- (a) FINDINGS.—Section 211 of the Victims of (B) in paragraph (2)— port over land or on or through water, the Child Abuse Act of 1990 (34 U.S.C. 20301) is (i) in subparagraph (A)— knife is contained in a locked container. amended— (I) in the matter preceding clause (i), by strik- (2) LIMITATION.—This subsection shall not (1) in paragraph (1), by striking ‘‘2,000,000’’ ing ‘‘communities’’ and inserting ‘‘communities, apply to the transport of a knife or tool in and inserting ‘‘3,300,000’’; local children’s advocacy centers, multidisci- the cabin of a passenger aircraft subject to (2) in paragraph (6)— plinary teams, and State chapters’’; the rules and regulations of the Transpor- (A) by inserting ‘‘improve positive outcomes (II) in clause (i), by inserting ‘‘and expand- tation Security Administration. for the child,’’ before ‘‘and increase’’; and ing’’ after ‘‘developing’’; (c) EMERGENCY KNIVES.— (B) by striking ‘‘; and’’ and inserting a semi- (III) by redesignating clauses (ii) through (x) (1) IN GENERAL.—A person— colon; as clauses (iii) through (xi), respectively; (A) may carry in the passenger compart- (3) in paragraph (7), by striking ‘‘could be du- (IV) by inserting after clause (i) the following: ment of a mode of transportation a knife or plicated in many jurisdictions throughout the ‘‘(ii) in promoting the effective delivery of the tool— country.’’ and inserting ‘‘have expanded dra- evidence-informed Children’s Advocacy Model (i) the blades of which consist only of a matically throughout the United States; and’’; and the multidisciplinary response to child blunt tipped safety blade, a guarded blade, or and abuse, including best practices in— both; and (4) by adding at the end the following: ‘‘(I) organizational support and development; (ii) that is specifically designed for ena- ‘‘(8) State chapters of children’s advocacy ‘‘(II) programmatic evaluation; and bling escape in an emergency by cutting center networks are needed to— ‘‘(III) financial oversight of Federal fund- safety belts; and ‘‘(A) assist local communities in coordinating ing;’’; (B) shall not be required to secure a knife their multidisciplinary child abuse investiga- (V) in clause (iii), as so redesignated, by strik- or tool described in subparagraph (A) in a tion, prosecution, and intervention services; and ing ‘‘a freestanding facility where interviews of locked container. ‘‘(B) provide oversight of, and training and and services for abused children can be pro- (2) LIMITATION.—This subsection shall not technical assistance in, the effective delivery of vided’’ and inserting ‘‘child-friendly facilities apply to the transport of a knife or tool in evidence-informed programming.’’. for the investigation of, assessment of, and the cabin of a passenger aircraft subject to (b) DEFINITIONS.—Section 212 of the Victims of intervention in abuse’’; and the rules and regulations of the Transpor- Child Abuse Act of 1990 (34 U.S.C. 20302) is (VI) in clause (iv), as so redesignated, by tation Security Administration. amended— striking ‘‘multiple’’ and inserting ‘‘duplicative’’; (d) NO ARREST.—A person who is trans- (1) by striking paragraphs (3) and (6); and porting a knife in compliance with this sec- (2) by redesignating paragraphs (4), (5), (7), (ii) in subparagraph (B), by inserting ‘‘and tion may not be arrested for violation of any (8), and (9) as paragraphs (3), (4), (5), (6), and interested communities’’ after ‘‘advocacy cen- law, rule, or regulation of a State or polit- (7), respectively; ters’’; ical subdivision of a State related to the pos- (3) in paragraph (6), as so redesignated, by (3) in subsection (c)— session, transport, or carrying of a knife, un- striking ‘‘and’’ at the end; (A) in paragraph (2)(C), by striking ‘‘remedial less there is probable cause to believe that (4) in paragraph (7), as so redesignated, by counseling to’’ and inserting ‘‘evidence-in- the person is not in compliance with sub- striking the period at the end and inserting ‘‘; formed services for’’; section (b). and’’; and (B) in paragraph (3)(A)(ii), by striking ‘‘multi- (e) COSTS.—If a person who asserts this sec- (5) by adding at the end the following: disciplinary child abuse program’’ and inserting tion as a claim or defense in a civil or crimi- ‘‘(8) the term ‘State chapter’ means a member- ‘‘children’s advocacy center’’; and nal action or proceeding is a prevailing party ship organization that provides technical assist- (C) in paragraph (4)(B)— on the claim or defense, the court shall ance, training, coordination, grant administra- (i) in the matter preceding clause (i), by strik- award costs and reasonable attorney’s fees tion, oversight, and support to local children’s ing ‘‘, in coordination with the Director,’’; incurred by the person. advocacy centers, multidisciplinary teams, and (ii) by striking clause (iii); and (f) EXPUNGEMENT.—If a person who asserts communities working to implement a multidisci- (iii) by redesignating clauses (iv) and (v) as this section as a claim or defense in a crimi- plinary response to child abuse in the provision clauses (iii) and (iv), respectively; nal proceeding is a prevailing party on the of evidence-informed initiatives, including men- (4) in subsection (d)— claim or defense, the court shall enter an tal health counseling, forensic interviewing, (A) in paragraph (1), by striking ‘‘, in coordi- order that directs that there be expunged multidisciplinary team coordination, and victim nation with the Director,’’; from all official records all references to— advocacy.’’. (B) in paragraph (2), in the matter preceding (1) the arrest of the person for the offense (c) REGIONAL CHILDREN’S ADVOCACY CEN- subparagraph (A), by striking ‘‘and the Direc- as to which the claim or defense was as- TERS.—Section 213 of the Victims of Child Abuse tor’’; and (C) in paragraph (3), by striking ‘‘DIS- serted; Act of 1990 (34 U.S.C. 20303) is amended— CONTINUATION OF FUNDING.—’’ and all that fol- (2) the institution of any criminal pro- (1) in subsection (a)— lows through ‘‘Upon discontinuation’’ and in- ceedings against the person relating to such (A) in the matter preceding paragraph (1), by serting the following: ‘‘DISCONTINUATION OF offense; and striking ‘‘with the Director and’’ FUNDING.—Upon discontinuation’’; and (3) the results of the proceedings, if any. (B) by striking paragraph (2); (5) by striking subsections (e) and (f). (g) RULE OF CONSTRUCTION.—Nothing in (C) by redesignating paragraphs (3) and (4) as (d) LOCAL CHILDREN’S ADVOCACY CENTERS.— this section shall be construed to limit any paragraphs (2) and (3), respectively; Section 214 of the Victims of Child Abuse Act of right to possess, carry, or transport a knife (D) in paragraph (2), as so redesignated, by 1990 (34 U.S.C. 20304) is amended— under applicable State law. striking ‘‘and’’ at the end; (E) in paragraph (3), as so redesignated— (1) by striking subsection (a) and inserting the The bill (S. 1092), as amended, was or- (i) by inserting after ‘‘mental health care pro- following: dered to be engrossed for a third read- fessionals’’ the following: ‘‘, law enforcement of- ‘‘(a) IN GENERAL.—The Administrator, in co- ing, was read the third time, and ficers, child protective service workers, forensic ordination with the Director of the Office of passed. interviewers, prosecutors, and victim advo- Victims of Crime, shall make grants to— ‘‘(1) develop and enhance multidisciplinary f cates,’’; (ii) by striking ‘‘medical’’ each place that term child abuse investigations, intervention, and VICTIMS OF CHILD ABUSE ACT appears; and prosecution; and REAUTHORIZATION ACT OF 2018 (iii) by striking the period at the end and in- ‘‘(2) promote the effective delivery of the evi- serting ‘‘; and’’; and dence-informed Children’s Advocacy Model and Mr. PERDUE. Mr. President, I ask (F) by adding at the end the following: the multidisciplinary response to child abuse, unanimous consent that the Senate ‘‘(4) collaborate with State chapters to provide including best practices in programmatic eval- proceed to the immediate consider- training, technical assistance, coordination, and uation and financial oversight of Federal fund- ation of Calendar No. 581, S. 2961. oversight to— ing.’’;

VerDate Sep 11 2014 04:27 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 6333 E:\CR\FM\A11DE6.022 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7450 CONGRESSIONAL RECORD — SENATE December 11, 2018 (2) in subsection (b)— abuse cases, and treatment of victims of child (2) in section 214(c)(1) (34 U.S.C. 20304(c)(1)), (A) in the subsection heading, by inserting abuse, for the purpose of— by striking ‘‘(42 U.S.C. 5665 et seq.)’’ and insert- ‘‘HUMAN TRAFFICKING AND’’ before ‘‘CHILD POR- ‘‘(A) improving the quality of such protection, ing ‘‘(34 U.S.C. 11183, 11186)’’; NOGRAPHY’’; intervention, and treatment; and (3) in section 214A(c)(1) (34 U.S.C. 20305(c)(1)), (B) by striking ‘‘with the Director and’’; and ‘‘(B) promoting the effective delivery of the by striking ‘‘(42 U.S.C. 5665 et seq.)’’ and insert- (C) by inserting ‘‘human trafficking and’’ be- evidence-informed Children’s Advocacy Model ing ‘‘(34 U.S.C. 11183, 11186)’’; fore ‘‘child pornography’’; and the multidisciplinary response to child (4) in section 217(c)(1) (34 U.S.C. 20323(c)(1)), (3) in subsection (c)— abuse, including best practices in programmatic by striking ‘‘(42 U.S.C. 5665 et seq.)’’ and insert- (A) in paragraph (1)— evaluation and financial oversight of Federal ing ‘‘(34 U.S.C. 11183, 11186)’’; and (i) by striking ‘‘Director’’ and inserting ‘‘Ad- funding.’’; (5) in section 223(c) (34 U.S.C. 20333(c)), by ministrator’’; and (2) by striking subsection (b) and inserting the striking ‘‘(42 U.S.C. 5665 et seq.)’’ and inserting (ii) by striking ‘‘this section’’ and inserting following: ‘‘(34 U.S.C. 11183, 11186)’’. ‘‘subsections (a) and (b)’’; and ‘‘(b) GRANTEE ORGANIZATIONS.— SEC. 3. IMMUNITY PROTECTIONS FOR REPORT- (B) in paragraph (2)— ‘‘(1) PROSECUTORS.—An organization to which ERS OF CHILD ABUSE. (i) in subparagraph (A), by striking ‘‘social a grant is made for specific training and tech- (a) STATE PLANS.—Section 106(b)(2)(B)(vii) of service’’ and inserting ‘‘child protective serv- nical assistance for prosecutors under sub- the Child Abuse Prevention and Treatment Act ice’’; section (a)(1) shall be one that has— (42 U.S.C. 5106a(b)(2)(B)(vii)) is amended to (ii) in subparagraph (B), by striking ‘‘the ‘‘(A) a broad representation of attorneys who read as follows: ‘counseling center’ ’’ and inserting ‘‘a ‘chil- prosecute criminal cases in State courts; and ‘‘(vii) provisions for immunity from civil or dren’s advocacy center’ ’’; ‘‘(B) demonstrated experience in providing criminal liability under State and local laws and (iii) in subparagraph (C), by striking ‘‘sexual training and technical assistance for prosecu- regulations for individuals making good faith and serious physical abuse and neglect cases to tors. reports of suspected or known instances of child the counseling center’’ and inserting ‘‘child ‘‘(2) CHILD ABUSE PROFESSIONALS.—An organi- abuse or neglect, or who otherwise provide in- abuse cases that meet designated referral cri- zation to which a grant is made for specific formation or assistance, including medical eval- teria to the children’s advocacy center’’; training and technical assistance for child (iv) in subparagraph (D)— uations or consultations, in connection with a abuse professionals under subsection (a)(2) shall (I) by striking ‘‘investigative’’ and inserting report, investigation, or legal intervention pur- be one that has— ‘‘forensic’’; and suant to a good faith report of child abuse or ‘‘(A) a diverse portfolio of training and tech- (II) by striking ‘‘social service’’ and inserting neglect;’’. nical resources for the diverse professionals re- ‘‘child protective service’’; (b) FEDERAL IMMUNITY.— (v) by striking subparagraph (E); sponding to child abuse, including a digital li- (1) IN GENERAL.—Notwithstanding any other (vi) by redesignating subparagraphs (F) brary to promote evidence-informed practice; provision of law, any individual making a good through (J) as subparagraphs (E) through (I), and faith report to appropriate authorities of a sus- respectively; ‘‘(B) demonstrated experience in providing pected or known instance of child abuse or ne- (vii) in subparagraph (E), as so redesignated, training and technical assistance for child glect, or who otherwise, in good faith, provides by striking ‘‘counseling center’’ and inserting abuse professionals, especially law enforcement information or assistance, including medical ‘‘children’s advocacy center or an agency with officers, child protective service workers, pros- evaluations or consultations, in connection with which there is a linkage agreement regarding ecutors, forensic interviewers, medical profes- a report, investigation, or legal intervention the delivery of multidisciplinary child abuse in- sionals, victim advocates, and mental health pursuant to a good faith report of child abuse or vestigation, prosecution, and intervention serv- professionals.’’; and neglect shall not be subject to civil liability or ices’’; (3) in subsection (c)(2), by inserting after criminal prosecution, under any Federal law, (viii) in subparagraph (F), as so redesignated, ‘‘shall require’’ the following: ‘‘, in the case of rising from making such report or providing by striking ‘‘minimize the number of interviews a grant made under subsection (a)(1),’’. such information or assistance. that a child victim must attend’’ and inserting (f) AUTHORIZATION OF APPROPRIATIONS.—Sec- (2) PRESUMPTION OF GOOD FAITH.—In a Fed- ‘‘eliminate duplicative forensic interviews with tion 214B of the Victims of Child Abuse Act of eral civil action or criminal prosecution brought a child victim’’; 1990 (34 U.S.C. 20306) is amended— against a person based on the person’s reporting (ix) in subparagraph (G), as so redesignated, (1) in subsection (a), by striking ‘‘sections 213 a suspected or known instance of child abuse or by striking ‘‘multidisciplinary program’’ and in- and 214’’ and all that follows and inserting the neglect, or providing information or assistance serting ‘‘children’s advocacy center’’; following: ‘‘sections 213 and 214, $19,000,000 for with respect to such a report, as described in (x) in subparagraph (H), as so redesignated, each of fiscal years 2019 through 2023.’’; and paragraph (1), there shall be a presumption that by inserting ‘‘intervention and’’ before ‘‘judicial (2) in subsection (b), by striking ‘‘section the person acted in good faith. proceedings’’; and 214A’’ and all that follows and inserting the fol- (3) COSTS.—If the defendant prevails in a Fed- (xi) in subparagraph (I), as so redesignated, lowing: ‘‘section 214A, $6,000,000 for each of fis- eral civil action described in paragraph (2), the by striking ‘‘Director’’ and inserting ‘‘Adminis- cal years 2019 through 2023.’’. court may award costs and reasonable attor- trator’’; (g) ACCOUNTABILITY.—Section 214C of the Vic- ney’s fees incurred by the defendant. (4) in subsection (d)— tims of Child Abuse Act of 1990 (34 U.S.C. 20307) Mr. PERDUE. I ask unanimous con- is amended— (A) by striking ‘‘the Director’’ and inserting sent that the Blunt amendment at the ‘‘the Administrator’’; and (1) by striking ‘‘All grants awarded’’ and in- (B) by striking ‘‘both large and small States’’ serting the following: desk be considered and agreed to; that and inserting ‘‘all States that are eligible for ‘‘(a) IN GENERAL.—All grants awarded’’; and the committee-reported substitute such grants, including large and small States,’’; (2) by adding at the end the following: amendment, as amended, be agreed to; and ‘‘(b) REPORTING.—Not later than March 1 of that the bill, as amended, be considered (5) by adding at the end the following: each year, the Attorney General shall submit to read a third time and passed; and that ‘‘(f) GRANTS TO STATE CHAPTERS FOR ASSIST- the Committee on the Judiciary of the Senate the motion to reconsider be considered ANCE TO LOCAL CHILDREN’S ADVOCACY CEN- and the Committee on the Judiciary of the and made and laid upon the table. TERS.—In awarding grants under this section, House of Representatives a report that— the Administrator shall ensure that a portion of ‘‘(1) summarizes the efforts of the Adminis- The PRESIDING OFFICER. Without the grants is distributed to State chapters to en- trator to monitor and evaluate the regional chil- objection, it is so ordered. able State chapters to provide technical assist- dren’s advocacy program activities under sec- The amendment (No. 4074) was agreed ance, training, coordination, and oversight to tion 213(d); to, as follows: other recipients of grants under this section in ‘‘(2) describes— (Purpose: To adjust the authorization of providing evidence-informed initiatives, includ- ‘‘(A) the method by which amounts are allo- appropriations) cated to grantees and subgrantees under this ing mental health counseling, forensic inter- On page 28, line 3, strike ‘‘$19,000,000’’ and subtitle, including to local children’s advocacy viewing, multidisciplinary team coordination, insert ‘‘$16,000,000’’. and victim advocacy.’’. centers, State chapters, and regional children’s On page 28, line 7, strike ‘‘$6,000,000’’ and (e) GRANTS FOR SPECIALIZED TECHNICAL AS- advocacy program centers; and insert ‘‘$5,000,000’’. SISTANCE AND TRAINING PROGRAMS.—Section ‘‘(B) steps the Attorney General has taken to 214A of the Victims of Child Abuse Act of 1990 minimize duplication and overlap in the award- The committee-reported amendment (34 U.S.C. 20305) is amended— ing of amounts under this subtitle; and in the nature of a substitute, as amend- (1) in subsection (a), by striking ‘‘to attor- ‘‘(3) analyzes the extent to which both rural ed, was agreed to. neys’’ and all that follows and inserting the fol- and urban populations are served under the re- The bill (S. 2961), as amended, was or- lowing: ‘‘to— gional children’s advocacy program.’’. dered to be engrossed for a third read- ‘‘(1) attorneys and other allied professionals (h) TECHNICAL AND CONFORMING AMENDMENTS ing, was read the third time, and RELATING TO TITLE 34, UNITED STATES CODE.— instrumental to the criminal prosecution of child passed, as follows: abuse cases in State or Federal courts, for the The Victims of Child Abuse Act of 1990 (34 purpose of improving the quality of criminal U.S.C. 20301 et seq.) is amended— S. 2961 prosecution of such cases; and (1) in section 212(1) (34 U.S.C. 20302), by strik- Be it enacted by the Senate and House of Rep- ‘‘(2) child abuse professionals instrumental to ing ‘‘(42 U.S.C. 5611(b))’’ and inserting ‘‘(34 resentatives of the United States of America in the protection of children, intervention in child U.S.C. 11111(b))’’; Congress assembled,

VerDate Sep 11 2014 04:27 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.023 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7451 SECTION 1. SHORT TITLE. (i) in the matter preceding subparagraph grammatic evaluation and financial over- This Act may be cited as the ‘‘Victims of (A), by striking ‘‘, in coordination with the sight of Federal funding.’’; Child Abuse Act Reauthorization Act of Director,’’; (2) in subsection (b)— 2018’’. (ii) in subparagraph (A), by inserting (A) in the subsection heading, by inserting SEC. 2. REAUTHORIZATION. ‘‘and’’ at the end; ‘‘HUMAN TRAFFICKING AND’’ before ‘‘CHILD (a) FINDINGS.—Section 211 of the Victims of (iii) in subparagraph (B), by striking ‘‘the PORNOGRAPHY’’; Child Abuse Act of 1990 (34 U.S.C. 20301) is prevention, judicial handling, and treatment (B) by striking ‘‘with the Director and’’; amended— of child abuse and neglect; and’’ and insert- and (1) in paragraph (1), by striking ‘‘2,000,000’’ ing ‘‘multidisciplinary team investigation, (C) by inserting ‘‘human trafficking and’’ and inserting ‘‘3,300,000’’; trauma-informed interventions, and evi- before ‘‘child pornography’’; (2) in paragraph (6)— dence-informed treatment,’’; and (3) in subsection (c)— (A) by inserting ‘‘improve positive out- (iv) by striking subparagraph (C); and (A) in paragraph (1)— comes for the child,’’ before ‘‘and increase’’; (B) in paragraph (2)— (i) by striking ‘‘Director’’ and inserting and (i) in subparagraph (A)— ‘‘Administrator’’; and (B) by striking ‘‘; and’’ and inserting a (I) in the matter preceding clause (i), by (ii) by striking ‘‘this section’’ and insert- semicolon; striking ‘‘communities’’ and inserting ‘‘com- ing ‘‘subsections (a) and (b)’’; and munities, local children’s advocacy centers, (3) in paragraph (7), by striking ‘‘could be (B) in paragraph (2)— multidisciplinary teams, and State chap- duplicated in many jurisdictions throughout (i) in subparagraph (A), by striking ‘‘social ters’’; the country.’’ and inserting ‘‘have expanded service’’ and inserting ‘‘child protective (II) in clause (i), by inserting ‘‘and expand- dramatically throughout the United States; service’’; ing’’ after ‘‘developing’’; and’’; and (ii) in subparagraph (B), by striking ‘‘the (III) by redesignating clauses (ii) through (4) by adding at the end the following: ‘counseling center’ ’’ and inserting ‘‘a ‘chil- (x) as clauses (iii) through (xi), respectively; ‘‘(8) State chapters of children’s advocacy dren’s advocacy center’ ’’; (IV) by inserting after clause (i) the fol- center networks are needed to— (iii) in subparagraph (C), by striking ‘‘sex- lowing: ‘‘(A) assist local communities in coordi- ual and serious physical abuse and neglect ‘‘(ii) in promoting the effective delivery of cases to the counseling center’’ and inserting nating their multidisciplinary child abuse the evidence-informed Children’s Advocacy investigation, prosecution, and intervention ‘‘child abuse cases that meet designated re- Model and the multidisciplinary response to ferral criteria to the children’s advocacy services; and child abuse, including best practices in— ‘‘(B) provide oversight of, and training and center’’; ‘‘(I) organizational support and develop- (iv) in subparagraph (D)— technical assistance in, the effective delivery ment; of evidence-informed programming.’’. (I) by striking ‘‘investigative’’ and insert- ‘‘(II) programmatic evaluation; and ing ‘‘forensic’’; and (b) DEFINITIONS.—Section 212 of the Vic- ‘‘(III) financial oversight of Federal fund- (II) by striking ‘‘social service’’ and insert- tims of Child Abuse Act of 1990 (34 U.S.C. ing;’’; 20302) is amended— ing ‘‘child protective service’’; (V) in clause (iii), as so redesignated, by (v) by striking subparagraph (E); (1) by striking paragraphs (3) and (6); striking ‘‘a freestanding facility where inter- (2) by redesignating paragraphs (4), (5), (7), (vi) by redesignating subparagraphs (F) views of and services for abused children can through (J) as subparagraphs (E) through (I), (8), and (9) as paragraphs (3), (4), (5), (6), and be provided’’ and inserting ‘‘child-friendly (7), respectively; respectively; facilities for the investigation of, assessment (vii) in subparagraph (E), as so redesig- (3) in paragraph (6), as so redesignated, by of, and intervention in abuse’’; and striking ‘‘and’’ at the end; nated, by striking ‘‘counseling center’’ and (VI) in clause (iv), as so redesignated, by inserting ‘‘children’s advocacy center or an (4) in paragraph (7), as so redesignated, by striking ‘‘multiple’’ and inserting ‘‘duplica- striking the period at the end and inserting agency with which there is a linkage agree- tive’’; and ment regarding the delivery of multidisci- ‘‘; and’’; and (ii) in subparagraph (B), by inserting ‘‘and (5) by adding at the end the following: plinary child abuse investigation, prosecu- interested communities’’ after ‘‘advocacy tion, and intervention services’’; ‘‘(8) the term ‘State chapter’ means a centers’’; membership organization that provides tech- (viii) in subparagraph (F), as so redesig- (3) in subsection (c)— nated, by striking ‘‘minimize the number of nical assistance, training, coordination, (A) in paragraph (2)(C), by striking ‘‘reme- grant administration, oversight, and support interviews that a child victim must attend’’ dial counseling to’’ and inserting ‘‘evidence- and inserting ‘‘eliminate duplicative forensic to local children’s advocacy centers, multi- informed services for’’; disciplinary teams, and communities work- interviews with a child victim’’; (B) in paragraph (3)(A)(ii), by striking (ix) in subparagraph (G), as so redesig- ing to implement a multidisciplinary re- ‘‘multidisciplinary child abuse program’’ and sponse to child abuse in the provision of evi- nated, by striking ‘‘multidisciplinary pro- inserting ‘‘children’s advocacy center’’; and gram’’ and inserting ‘‘children’s advocacy dence-informed initiatives, including mental (C) in paragraph (4)(B)— health counseling, forensic interviewing, center’’; (i) in the matter preceding clause (i), by (x) in subparagraph (H), as so redesignated, multidisciplinary team coordination, and striking ‘‘, in coordination with the Direc- victim advocacy.’’. by inserting ‘‘intervention and’’ before ‘‘judi- tor,’’; cial proceedings’’; and (c) REGIONAL CHILDREN’S ADVOCACY CEN- (ii) by striking clause (iii); and (xi) in subparagraph (I), as so redesignated, TERS.—Section 213 of the Victims of Child (iii) by redesignating clauses (iv) and (v) as by striking ‘‘Director’’ and inserting ‘‘Ad- Abuse Act of 1990 (34 U.S.C. 20303) is amend- clauses (iii) and (iv), respectively; ed— ministrator’’; (4) in subsection (d)— (4) in subsection (d)— (1) in subsection (a)— (A) in paragraph (1), by striking ‘‘, in co- (A) in the matter preceding paragraph (1), (A) by striking ‘‘the Director’’ and insert- ordination with the Director,’’; ing ‘‘the Administrator’’; and by striking ‘‘with the Director and’’ (B) in paragraph (2), in the matter pre- (B) by striking paragraph (2); (B) by striking ‘‘both large and small ceding subparagraph (A), by striking ‘‘and States’’ and inserting ‘‘all States that are el- (C) by redesignating paragraphs (3) and (4) the Director’’; and as paragraphs (2) and (3), respectively; igible for such grants, including large and (C) in paragraph (3), by striking ‘‘DIS- small States,’’; and (D) in paragraph (2), as so redesignated, by CONTINUATION OF FUNDING.—’’ and all that striking ‘‘and’’ at the end; (5) by adding at the end the following: follows through ‘‘Upon discontinuation’’ and ‘‘(f) GRANTS TO STATE CHAPTERS FOR AS- (E) in paragraph (3), as so redesignated— inserting the following: ‘‘DISCONTINUATION OF SISTANCE TO LOCAL CHILDREN’S ADVOCACY (i) by inserting after ‘‘mental health care FUNDING.—Upon discontinuation’’; and CENTERS.—In awarding grants under this sec- professionals’’ the following: ‘‘, law enforce- (5) by striking subsections (e) and (f). tion, the Administrator shall ensure that a ment officers, child protective service work- (d) LOCAL CHILDREN’S ADVOCACY CEN- portion of the grants is distributed to State ers, forensic interviewers, prosecutors, and TERS.—Section 214 of the Victims of Child chapters to enable State chapters to provide victim advocates,’’; Abuse Act of 1990 (34 U.S.C. 20304) is amend- technical assistance, training, coordination, (ii) by striking ‘‘medical’’ each place that ed— and oversight to other recipients of grants term appears; and (1) by striking subsection (a) and inserting under this section in providing evidence-in- (iii) by striking the period at the end and the following: formed initiatives, including mental health inserting ‘‘; and’’; and ‘‘(a) IN GENERAL.—The Administrator, in counseling, forensic interviewing, multi- (F) by adding at the end the following: coordination with the Director of the Office disciplinary team coordination, and victim ‘‘(4) collaborate with State chapters to pro- of Victims of Crime, shall make grants to— advocacy.’’. vide training, technical assistance, coordina- ‘‘(1) develop and enhance multidisciplinary (e) GRANTS FOR SPECIALIZED TECHNICAL AS- tion, and oversight to— child abuse investigations, intervention, and SISTANCE AND TRAINING PROGRAMS.—Section ‘‘(A) local children’s advocacy centers; and prosecution; and 214A of the Victims of Child Abuse Act of ‘‘(B) communities that want to develop ‘‘(2) promote the effective delivery of the 1990 (34 U.S.C. 20305) is amended— local children’s advocacy centers.’’; evidence-informed Children’s Advocacy (1) in subsection (a), by striking ‘‘to attor- (2) in subsection (b)— Model and the multidisciplinary response to neys’’ and all that follows and inserting the (A) in paragraph (1)— child abuse, including best practices in pro- following: ‘‘to—

VerDate Sep 11 2014 04:27 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.025 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7452 CONGRESSIONAL RECORD — SENATE December 11, 2018 ‘‘(1) attorneys and other allied profes- gional children’s advocacy program centers; Prevention Act of 1974, and for other pur- sionals instrumental to the criminal pros- and poses. ecution of child abuse cases in State or Fed- ‘‘(B) steps the Attorney General has taken The PRESIDING OFFICER. Is there eral courts, for the purpose of improving the to minimize duplication and overlap in the objection to proceeding to the meas- quality of criminal prosecution of such awarding of amounts under this subtitle; and cases; and ‘‘(3) analyzes the extent to which both ure? ‘‘(2) child abuse professionals instrumental rural and urban populations are served under There being no objection, the Senate to the protection of children, intervention in the regional children’s advocacy program.’’. proceeded to consider the bill. child abuse cases, and treatment of victims (h) TECHNICAL AND CONFORMING AMEND- Mr. PERDUE. I ask unanimous con- of child abuse, for the purpose of— MENTS RELATING TO TITLE 34, UNITED STATES sent that the Grassley amendment at ‘‘(A) improving the quality of such protec- CODE.—The Victims of Child Abuse Act of the desk be agreed to and that the bill, tion, intervention, and treatment; and 1990 (34 U.S.C. 20301 et seq.) is amended— as amended, be considered read a third (1) in section 212(1) (34 U.S.C. 20302), by ‘‘(B) promoting the effective delivery of time. the evidence-informed Children’s Advocacy striking ‘‘(42 U.S.C. 5611(b))’’ and inserting Model and the multidisciplinary response to ‘‘(34 U.S.C. 11111(b))’’; The PRESIDING OFFICER. Without child abuse, including best practices in pro- (2) in section 214(c)(1) (34 U.S.C. 20304(c)(1)), objection, it is so ordered. grammatic evaluation and financial over- by striking ‘‘(42 U.S.C. 5665 et seq.)’’ and in- The amendment (No. 4075) was agreed sight of Federal funding.’’; serting ‘‘(34 U.S.C. 11183, 11186)’’; to as follows: (2) by striking subsection (b) and inserting (3) in section 214A(c)(1) (34 U.S.C. (Purpose: In the nature of a sub- the following: 20305(c)(1)), by striking ‘‘(42 U.S.C. 5665 et stitute.) ‘‘(b) GRANTEE ORGANIZATIONS.— seq.)’’ and inserting ‘‘(34 U.S.C. 11183, 11186)’’; (The amendment is printed in today’s ‘‘(1) PROSECUTORS.—An organization to (4) in section 217(c)(1) (34 U.S.C. 20323(c)(1)), RECORD under ‘‘Text of Amendments.’’) which a grant is made for specific training by striking ‘‘(42 U.S.C. 5665 et seq.)’’ and in- and technical assistance for prosecutors serting ‘‘(34 U.S.C. 11183, 11186)’’; and The amendment was ordered to be under subsection (a)(1) shall be one that (5) in section 223(c) (34 U.S.C. 20333(c)), by engrossed and the bill to be read a has— striking ‘‘(42 U.S.C. 5665 et seq.)’’ and insert- third time. ‘‘(A) a broad representation of attorneys ing ‘‘(34 U.S.C. 11183, 11186)’’. The bill was read the third time. who prosecute criminal cases in State SEC. 3. IMMUNITY PROTECTIONS FOR REPORT- Mr. PERDUE. I know of no further courts; and ERS OF CHILD ABUSE. debate on the bill, as amended. ‘‘(B) demonstrated experience in providing (a) STATE PLANS.—Section 106(b)(2)(B)(vii) The PRESIDING OFFICER. If there of the Child Abuse Prevention and Treat- training and technical assistance for pros- is no further debate, the question is, ecutors. ment Act (42 U.S.C. 5106a(b)(2)(B)(vii)) is Shall the bill pass? ‘‘(2) CHILD ABUSE PROFESSIONALS.—An orga- amended to read as follows: nization to which a grant is made for specific ‘‘(vii) provisions for immunity from civil The bill (H.R. 6964), as amended, was training and technical assistance for child or criminal liability under State and local passed. abuse professionals under subsection (a)(2) laws and regulations for individuals making Mr. PERDUE. I ask unanimous con- shall be one that has— good faith reports of suspected or known in- sent that the motion to reconsider be ‘‘(A) a diverse portfolio of training and stances of child abuse or neglect, or who oth- made and laid upon the table. technical resources for the diverse profes- erwise provide information or assistance, in- The PRESIDING OFFICER. Without cluding medical evaluations or consulta- sionals responding to child abuse, including objection, it is so ordered. a digital library to promote evidence-in- tions, in connection with a report, investiga- formed practice; and tion, or legal intervention pursuant to a f ‘‘(B) demonstrated experience in providing good faith report of child abuse or neglect;’’. training and technical assistance for child (b) FEDERAL IMMUNITY.— EMERGENCY MEDICAL SERVICES abuse professionals, especially law enforce- (1) IN GENERAL.—Notwithstanding any FOR CHILDREN PROGRAM REAU- other provision of law, any individual mak- ment officers, child protective service work- THORIZATION ACT OF 2018 ers, prosecutors, forensic interviewers, med- ing a good faith report to appropriate au- ical professionals, victim advocates, and thorities of a suspected or known instance of Mr. PERDUE. Mr. President, I ask mental health professionals.’’; and child abuse or neglect, or who otherwise, in unanimous consent that the Senate (3) in subsection (c)(2), by inserting after good faith, provides information or assist- proceed to the immediate consider- ‘‘shall require’’ the following: ‘‘, in the case ance, including medical evaluations or con- ation of Calendar No. 695, S. 3482. of a grant made under subsection (a)(1),’’. sultations, in connection with a report, in- vestigation, or legal intervention pursuant The PRESIDING OFFICER. The (f) AUTHORIZATION OF APPROPRIATIONS.— clerk will report the bill by title. Section 214B of the Victims of Child Abuse to a good faith report of child abuse or ne- Act of 1990 (34 U.S.C. 20306) is amended— glect shall not be subject to civil liability or The legislative clerk read as follows: (1) in subsection (a), by striking ‘‘sections criminal prosecution, under any Federal law, A bill (S. 3482) to amend the Public Health 213 and 214’’ and all that follows and insert- rising from making such report or providing Service Act to reauthorize the Emergency ing the following: ‘‘sections 213 and 214, such information or assistance. Medical Services for Children program. $16,000,000 for each of fiscal years 2019 (2) PRESUMPTION OF GOOD FAITH.—In a Fed- The PRESIDING OFFICER. Is there through 2023.’’; and eral civil action or criminal prosecution brought against a person based on the per- objection to proceeding to the meas- (2) in subsection (b), by striking ‘‘section ure? 214A’’ and all that follows and inserting the son’s reporting a suspected or known in- following: ‘‘section 214A, $5,000,000 for each of stance of child abuse or neglect, or providing There being no objection, the Senate fiscal years 2019 through 2023.’’. information or assistance with respect to proceeded to consider the bill, which (g) ACCOUNTABILITY.—Section 214C of the such a report, as described in paragraph (1), had been reported from the Committee Victims of Child Abuse Act of 1990 (34 U.S.C. there shall be a presumption that the person on Health, Education, Labor, and Pen- 20307) is amended— acted in good faith. sions. (1) by striking ‘‘All grants awarded’’ and (3) COSTS.—If the defendant prevails in a Mr. PERDUE. I ask unanimous con- inserting the following: Federal civil action described in paragraph (2), the court may award costs and reason- sent that the bill be considered read a ‘‘(a) IN GENERAL.—All grants awarded’’; third time and passed and the motion and able attorney’s fees incurred by the defend- (2) by adding at the end the following: ant. to reconsider be considered made and ‘‘(b) REPORTING.—Not later than March 1 of f laid upon the table. The PRESIDING OFFICER. Without each year, the Attorney General shall sub- JUVENILE JUSTICE REFORM ACT mit to the Committee on the Judiciary of objection, it is so ordered. the Senate and the Committee on the Judici- OF 2018 The bill (S. 3482) was ordered to be ary of the House of Representatives a report The PRESIDING OFFICER. Mr. engrossed for a third reading, was read that— President, I ask unanimous consent the third time, and passed, as follows: ‘‘(1) summarizes the efforts of the Adminis- that the Senate proceed to the imme- S. 3482 trator to monitor and evaluate the regional diate consideration of Calendar No. 612, Be it enacted by the Senate and House of Rep- children’s advocacy program activities under H.R. 6964. section 213(d); resentatives of the United States of America in ‘‘(2) describes— The PRESIDING OFFICER. The Congress assembled, ‘‘(A) the method by which amounts are al- clerk will report the bill by title. SECTION 1. SHORT TITLE. located to grantees and subgrantees under The legislative clerk read as follows: This Act may be cited as the ‘‘Emergency this subtitle, including to local children’s A bill (H.R. 6964) to reauthorize and im- Medical Services for Children Program Reau- advocacy centers, State chapters, and re- prove the Juvenile Justice and Delinquency thorization Act of 2018’’.

VerDate Sep 11 2014 04:27 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.025 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE December 11, 2018 CONGRESSIONAL RECORD — SENATE S7453 SEC. 2. REAUTHORIZATION OF THE EMERGENCY PROTECTING ACCESS TO THE The PRESIDING OFFICER. The MEDICAL SERVICES FOR CHILDREN COURTS FOR TAXPAYERS ACT clerk will report the resolution by PROGRAM. Section 1910(d) of the Public Health Serv- Mr. PERDUE. Mr. President, I ask title. ice Act (42 U.S.C. 300w–9(d)) is amended by unanimous consent that the Com- The legislative clerk read as follows: inserting before the period the following: ‘‘, mittee on the Judiciary be discharged A resolution (S. Res. 711) designating No- and $22,334,000 for each of fiscal years 2020 from further consideration of H.R. 3996 vember 2018 as ‘‘National Runaway Preven- through 2024’’. and the Senate proceed to its imme- tion Month.’’ There being no objection, the com- f diate consideration. The PRESIDING OFFICER. Without mittee was discharged, and the Senate RECIPROCAL ACCESS TO TIBET objection, it is so ordered. proceeded to consider the resolution. ACT OF 2018 The clerk will report the bill by title. Mr. PERDUE. I further ask that the resolution be agreed to, the preamble Mr. PERDUE. Mr. President, I ask The legislative clerk read as follows: A bill (H.R. 3996) to amend title 28, United be agreed to, and the motion to recon- unanimous consent that the Senate sider be considered made and laid upon proceed to the immediate consider- States Code, to permit other courts to trans- fer certain cases to United States Tax Court. the table with no intervening action or ation of Calendar No. 701, H.R. 1872. There being no objection, the com- debate. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without clerk will report the bill. mittee was discharged and the Senate proceeded to consider the bill. objection, it is so ordered. The legislative clerk read as follows: The resolution (S. Res. 711) was A bill (H.R. 1872) to promote access for Mr. PERDUE. I ask unanimous con- sent that the bill be considered read a agreed to. United States diplomats and other officials, The preamble was agreed to. journalists, and other citizens to Tibetan third time and passed and that the mo- areas of the People’s Republic of China, and tion to reconsider be considered made (The resolution, with its preamble, is for other purposes. and laid upon the table. printed in the RECORD of November 29, 2018, under ‘‘Submitted Resolutions.’’) The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without objection to proceeding to the meas- objection, it is so ordered. f The bill (H.R. 3996) was ordered to a ure? RESOLUTIONS SUBMITTED TODAY There being no objection, the Senate third reading, was read the third time, proceeded to consider the bill, which and passed. Mr. PERDUE. Mr. President, I ask unanimous consent that the Senate had been reported from the Committee f on Foreign Relations. now proceed to the en bloc consider- Mr. PERDUE. I ask unanimous con- PROMOTING AWARENESS OF MO- ation of the following Senate resolu- sent that the bill be considered read a TORCYCLE PROFILING AND EN- tions which were submitted earlier third time. COURAGING COLLABORATION today: S. Res. 719, S. Res. 720, S. Res. The PRESIDING OFFICER. Without AND COMMUNICATION WITH THE 721, S. Res. 722, and S. Res. 723. objection, it is so ordered. MOTORCYCLE COMMUNITY AND There being no objection, the Senate The bill was ordered to a third read- LAW ENFORCEMENT OFFICIALS proceeded to consider the resolutions ing and was read the third time. TO PREVENT INSTANCES OF en bloc. Mr. PERDUE. I know of no further PROFILING Mr. PERDUE. Mr. President, I ask debate on the bill. Mr. PERDUE. I ask unanimous con- unanimous consent that the resolu- The PRESIDING OFFICER. If there sent that the Judiciary Committee be tions be agreed to, the preambles be is no further debate, the question is, discharged from further consideration agreed to, and that the motions to re- Shall the bill pass? and the Senate now proceed to S. Res. consider be considered made and laid The bill (H.R. 1872) was passed. 154. upon the table, all en bloc. Mr. PERDUE. I ask unanimous con- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without sent that the motion to reconsider be clerk will report the bill by title. objection, it is so ordered. considered made and laid upon the The legislative clerk read as follows: The resolutions were agreed to. table. A resolution (S. Res. 154) promoting aware- The preambles were agreed to. The PRESIDING OFFICER. Without ness of motorcycle profiling and encouraging (The resolutions, with their pre- objection, it is so ordered. collaboration and communication with the ambles, are printed in today’s RECORD motorcycle community and law enforcement under ‘‘Submitted Resolutions.’’) f officials to prevent instances of profiling. f There being no objection, the com- 21ST CENTURY INTEGRATED mittee was discharged, and the Senate HONORING THE 40TH ANNIVER- DIGITAL EXPERIENCE ACT proceeded to consider the resolution. SARY OF NAVAL SUBMARINE Mr. PERDUE. Mr. President, I ask Mr. PERDUE. I ask unanimous con- BASE KINGS BAY IN KINGS BAY, unanimous consent that the Senate sent that the resolution be agreed to, GEORGIA proceed to the immediate consider- the preamble be agreed to, and that the Mr. PERDUE. Mr. President, I ask ation of H.R. 5759 which was received motions to reconsider be considered unanimous consent that the Armed from the House. made and laid upon the table. Services Committee be discharged from The PRESIDING OFFICER. The The PRESIDING OFFICER. Without further consideration and the Senate clerk will report the bill by title. objection, it is so ordered. now proceed to S. Res. 565. The legislative clerk read as follows: The resolution (S. Res. 154) was The PRESIDING OFFICER. The A bill, (H.R. 5759) to improve executive agreed to. clerk will report the resolution by agency digital services, and for other pur- The preamble was agreed to. title. poses. (The resolution, with its preamble, is The legislative clerk read as follows: There being no objection, the Senate printed in the RECORD of May 4, 2017, A resolution (S. Res. 565) honoring the 40th proceeded to consider the bill. under ‘‘Submitted Resolutions.’’) anniversary of Naval Submarine Base Kings Bay in Kings Bay, Georgia. Mr. PERDUE. I ask unanimous con- f sent that the bill be considered read a There being no objection, the com- third time and passed and that the mo- NATIONAL RUNAWAY PREVENTION mittee was discharged, and the Senate tion to reconsider be considered made MONTH proceeded to consider the resolution. and laid upon the table. Mr. PERDUE. Mr. President, I ask Mr. PERDUE. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that the Com- unanimous consent that the resolution objection, it is so ordered. mittee on the Judiciary be discharged be agreed to; that the Perdue amend- The bill (H.R. 5759) was ordered to a from further consideration of S. Res. ment to the preamble be considered third reading, was read the third time, 711 and the Senate proceed to its imme- and agreed to; that the preamble, as and passed. diate consideration. amended, be agreed to; and that the

VerDate Sep 11 2014 04:27 Dec 12, 2018 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A11DE6.026 S11DEPT1 dlhill on DSK3GLQ082PROD with SENATE S7454 CONGRESSIONAL RECORD — SENATE December 11, 2018 motions to reconsider be considered mission, increase productivity, and enhance ORDERS FOR WEDNESDAY, made and laid upon the table. quality of life; DECEMBER 12, 2018 The PRESIDING OFFICER. Without Whereas Naval Submarine Base Kings Bay is the state-of-the-art home to the Trident II Mr. PERDUE. Mr. President, I ask objection, it is so ordered. unanimous consent that when the Sen- The resolution (S. Res. 565) was Submarines of the Atlantic Fleet in St. Marys, Georgia; ate completes its business today, it ad- agreed to. Whereas Submarine Group 10 exercises journ until 9:30 a.m., Wednesday, De- The amendment (No. 4076) was agreed operational and administrative control of cember 12; further, that following the to, as follows: Ohio-class ballistic missile submarines and prayer and the pledge, the morning (Purpose: To amend the preamble) In the guided missile submarines stationed at hour be deemed expired, the Journal of 19th whereas clause of the preamble, strike Naval Submarine Base Kings Bay; ‘‘, which’’ and all that follows through Whereas 6 ballistic missile submarines proceedings be approved to date, the ‘‘United States’’. make up Submarine Squadron 20 and are cur- time for the two leaders be reserved for their use later in the day, and morning The preamble, as amended, was rently assigned to Naval Submarine Base Kings Bay: USS Maryland (SSBN 738), USS business be closed; further, that fol- agreed to. Rhode Island (SSBN 740), USS Tennessee lowing leader remarks, the Senate re- The resolution, with its preamble, as (SSBN 734), USS West Virginia (SSBN 736), sume consideration of S.J. Res. 64 and amended, reads as follows: USS Wyoming (SSBN 742), and USS Alaska that the Senate vote on adoption of the S. RES. 565 (SSBN 732); resolution at 12:15 p.m. Whereas, in 1954, the Department of the Whereas 2 guided missile submarines make up Submarine Squadron 16 and are currently The PRESIDING OFFICER. Without Army began to acquire land at Kings Bay, objection, it is so ordered. Georgia, to build a military ocean terminal assigned to Naval Submarine Base Kings Bay: USS Florida (SSGN 728) and USS Geor- to ship ammunition in case of a national f emergency; gia (SSGN 729); Whereas the facility at Kings Bay, Geor- Whereas the Department of the Navy gia, was completed in 1958, but since there stores the strategic assets of the United ADJOURNMENT UNTIL 9:30 A.M. was no immediate operational need for the States at the Strategic Weapons Facilities TOMORROW installation, the base was placed in an inac- at Kings Bay, Georgia; Mr. PERDUE. Mr. President, if there tive ready status; Whereas the Strategic Weapons Facility Atlantic is responsible for assembling the D– is no further business to come before Whereas, in 1975, during treaty negotia- the Senate, I ask that it stand ad- tions between the United States and Spain, 5 missile and processing missile guidance the countries agreed to move Submarine and launcher subsystem components for the journed under the previous order. Squadron 16, the fleet ballistic missile sub- ballistic missile submarine fleet; The PRESIDING OFFICER. Without marine squadron, from its operational base Whereas the Naval Submarine Support objection, it is so ordered. at Rota, Spain; Center provides critical support services to Thereupon, the Senate, at 8:02 p.m., Whereas after evaluating more than 60 the submarines and staffs of Submarine adjourned until Wednesday, December sites along the Atlantic and Gulf Coasts, the Squadron 16, Submarine Squadron 20, and all 12, 2018, at 9:30 a.m. Department of the Navy selected Kings Bay, visiting and other assigned units, which al- Georgia, as the new home of Submarine lows the team at Naval Submarine Base f Squadron 16; Kings Bay to work efficiently and effec- Whereas, from January to July 1978, the tively; NOMINATIONS first group of sailors arrived at Kings Bay, Whereas the D–5 ballistic missile is the Georgia, to transfer the base from the De- heart of the Trident weapons system of the Executive nominations received by partment of the Army to the Department of United States; the Senate: the Navy; Whereas the D–5 Life Extension Program CORPORATION FOR PUBLIC BROADCASTING of the Department of the Navy will extend Whereas the Naval Submarine Support ROBERT A. MANDELL, OF FLORIDA, TO BE A MEMBER Base Kings Bay was established in a develop- the life of the D–5 missiles until 2040; OF THE BOARD OF DIRECTORS OF THE CORPORATION mental status on July 1, 1978; Whereas the Trident Refit Facility pro- FOR PUBLIC BROADCASTING FOR A TERM EXPIRING JAN- vides timely and top-quality industrial and UARY 31, 2022, VICE BRENT FRANKLIN NELSEN, TERM EX- Whereas construction of Naval Submarine PIRED. Base Kings Bay was the largest peacetime logistics support to Trident ballistic missile DON MUNCE, OF FLORIDA, TO BE A MEMBER OF THE construction program ever undertaken by submarines of the United States; BOARD OF DIRECTORS OF THE CORPORATION FOR PUB- Whereas the Trident Training Facility LIC BROADCASTING FOR A TERM EXPIRING JANUARY 31, the Department of the Navy; 2024, VICE LORETTA CHERYL SUTLIFF, TERM EXPIRED. Whereas, in May 1979, the Department of trains sailors in the skills necessary to oper- the Navy selected Naval Submarine Base ate and maintain Trident submarines and IN THE AIR FORCE Kings Bay as the preferred East Coast site systems; THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Whereas one of the largest covered dry IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- for Ohio-class submarines; CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Whereas, on October 23, 1980, the Secretary docks of the Northern Hemisphere is located AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION of the Navy announced Naval Submarine at Naval Submarine Base Kings Bay; 601: Base Kings Bay as the future home of the Whereas construction of not less than 12 To be general Columbia-class submarines is scheduled to new Ohio-class submarine; LT. GEN. ARNOLD W. BUNCH, JR. Whereas, on January 15, 1989, the first Tri- begin in 2021, with the first submarine slated to be fully operable by 2031; dent ballistic missile submarine, the USS f Tennessee (SSBN 734), arrived at Naval Sub- Whereas Naval Submarine Base Kings Bay is responsible for $1,142,000,000 in total eco- marine Base Kings Bay; CONFIRMATIONS Whereas the Coast Guard commissioned nomic output to the Camden County area; the successful Maritime Force Protection and Executive nominations confirmed by Unit, the first of its kind, on July 24, 2007, at Whereas The Camden Partnership has sup- the Senate December 11, 2018: ported Naval Submarine Base Kings Bay Naval Submarine Base Kings Bay to provide DEPARTMENT OF THE TREASURY enhanced security for the SSBN fleet of the since its inception, and continues to promote the ability of the base to conduct current JUSTIN GEORGE MUZINICH, OF NEW YORK, TO BE DEP- United States within the homeport transit UTY SECRETARY OF THE TREASURY. area; and future missions, and the ability of the THE JUDICIARY Whereas Camden County, Georgia, is home community to provide a highly qualified to 1 of 6 Coast Guard Atlantic Area Maritime workforce: Now, therefore, be it JONATHAN A. KOBES, OF SOUTH DAKOTA, TO BE UNITED STATES CIRCUIT JUDGE FOR THE EIGHTH CIR- Safety and Security Teams that conduct Resolved, That the Senate— CUIT. missions including counter-drug and migrant (1) honors Naval Submarine Base Kings interdiction boardings and escorts for high- Bay on its 40th anniversary; f capacity passenger vessels; (2) commends the thousands of men and Whereas Marine Corps Security Force Bat- women who have worked and trained at WITHDRAWAL talion Kings Bay secures strategic assets Naval Submarine Base Kings Bay; within the Strategic Weapons Facility At- (3) honors the people of Camden County Executive Message transmitted by lantic area of responsibility in order to pre- and the Georgia coastal communities for the President to the Senate on Decem- vent unauthorized access or loss of control; their continued support of Naval Submarine ber 11, 2018 withdrawing from further Whereas Naval Submarine Base Kings Bay Base Kings Bay; and Senate consideration the following was named the top military installation in (4) looks forward to Naval Submarine Base nomination: the Department of Defense for 2007, receiving Kings Bay continuing its instrumental role AIR FORCE NOMINATION OF COL. CLIFFORD N. JAMES, the Commander-in-Chief’s Installation Ex- in the strategic deterrence and national de- TO BE BRIGADIER GENERAL, WHICH WAS SENT TO THE cellence Award for its ability to sustain its fense of the United States. SENATE ON MAY 7, 2018.

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